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HomeMy WebLinkAboutREZ 07-0001PROJECT SUMMARY SHEET FILE NO.: REZ07-0001, REZONE APN: 031-060-054 ZONING: GNL PLN: APPLICANT: The Engineering Group PHONE: 5308990409 ADDRESS: 1250 East Ave. Suite 10 FAX: Chico, CA 95926 EMAIL: OWNER: TIDEWATCHERS, ASSOCIATE LP PHONE: 5107390128 ADDRESS: 630 RAVENNA TERR FAX: [Owner Fax] FREMONT, CA 94536 EMAIL: REPRESENTATIVE: <undefined value> PHONE: <undefined value> ADDRESS: <undefined value> FAX: <undefined' value> <undefined value>, <undefined value> <undefined value> PROJECT DESCRIPTION: The applicant is requesting Rezone of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Concurrently, the applicant is requesting a General Plan Amendment of the parcels from P -Q (Public -Quasi Public) to AR (Agricultural Residential). The parcels are located northwest of Cherokee Road, 0.60 mile north of the Cherokee Road and Table Mountain Boulevard intersection, northwest of the City of Oroville. LOCATED: TOWN/AREA: 1 2 3 4. 5. 6. 7. 8. 9. 10 11 12 13 14 15 16. 17. 18. 19. Application accepted: 1/11/2007 Amount: $ 6585.50 ReeeiptNo: P283 Assigned to: Chris Tolley Continents sent to: Public Works Director, Environmental Health; Assessor, LAFCo, Agricultural Commission, CDF, Building Manager Date to Inter -Departmental Review Committee (IDR): Date Status Letter sent to applicant: Date scheduled for IDR: 2/7/07 Comments received from: Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: Environmental Determination: Clearinghouse circulation required: Yes No Date Sent to SCH: State Clearinghouse No. Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish & Game: Environmental Impact Report De Minimis: Gen. Rule Ex. — CEQA # Other Staff Recormnends: Approval Denial_ Notices Mailed: Neg Dec Hearing Newspaper Publication Date: Neg Dec Planning Commission Hearing(s): Action taken: Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Remanded to Planning Commission: Type approval/denial letter, send to applicant: N.O.E. / N.O.D. / APPENDIX G: Take file to Public Works: Number of Notices: Hearing O C P G B Ordinance No: Adopted: Fish & Game Fees Paid: Yes No I N to V r.- 9 c re m Butte County DepartmiNof Development Services �vTtF TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR o 0 7 County Center Drive o 0 Oroville, CA 95965 0 0 (530) 538-7601 Telephone ,�7 OE5D o ��' - " o 0�h v / ^ (530) 538-7785 Facsimile PeC-26 07-0 1 RIVU PROJECT INFORMATION - Project # ' . APPLICANT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: Verney Chun 031-060-054 & 03170-084 ADDRESS: STREET, CITY, STATE, & ZIP CODE TELEPHONE: 630 Ravenna Terrace, Freemont, CA 94536 ( 510 ) 739 - 0128 E-MAIL: FAX: vchun@comcast.net ( 510 ) 739 - 0128 OWNER'S NAME: TELEPHONE: Verney Chun (Tidewatchers Associate LP) ( 510 ) 468 - 7399 ADDRESS: STREET, CITY, STATE, & ZIP CODE: j PROPERTY INFORMATION NAME OF PROPOSED PROJECT (if any) SITE SIZE (in square feet or acres) 30.1 Acres LOCATION OF PROJECT (major cross streets and address, if any) Cherokee Road, North of the Thermalito Power Canal ZONE A94 1GENERALPLAN I EXISTING LAND USE PROPOSED LAND USE P -Q,0 P -ro A,/` Vacant Single Family Residential EXISTING STRUCTURES (square feet) PROPOSED STRUCTURES ( square feet) UNDER WILLIAMSON ACT CONTRACT N/A ❑ Yes Q No (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ® PROPERTY IS OR PROPOSED TO BE ON SEPTIC ® PROPERTY IS OR PROPOSED TO BE ON WELL WATER { APPLICATION TYPE ADMINISTRATIVE PERMIT ❑ TENTATIVE SUBDIVISION MAP ❑ LEGAL LOT DETERMINATION ❑ TENTATIVE PARCEL MAP ❑ USE PERMIT ❑ WAIVER OF PARCEL MAP M MINOR USE PERMIT BUTTE ❑ ❑CERTIFICATE OF CORRECTION COUNTY ❑ COMMUMCATIONS FACILITY UP/MUP Q REZONE ' ' Z��Z EJ VARIANCE ®GENERAL PLAN AMENDMENT ❑ MINOR VARIANCE ❑MINING AND RECLAMAT[ONP�lL�11�1"OPMENT ❑ �Ll2VICES LOT LINE ADJUSTMENT ❑ DEVELOPMENT AGREEMENT ❑ CERTIFICATE OF MERGER ❑ OTHER E PROJECT DESCRIPTION j FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) A 44 � G k OWNER CERTIFICATION 3 I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE(If an agent is to be authorized, execute an affidavit of a thorization and include the affidavit with this application.) . DATE: `) 3 O f Zop� SIGNATURE: AGENT AUTHORIZATION To Butte County, Department of Development Services: Tim Wood, The Engineering Group, Inc. (530) 899 - 0409 Print Name of Agent Phone Number 1250 East Avenue, Suite 10, Chico, CA 95926 Mailing Address is hereby authorized to process this application on my/our property, identified as Butte County Assessors Parcel Number(s) 031-060-054 & 031-070-084 This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document (s) relating to record title interest. Owner(s) of Record (sign and print name) Verney Chun Printf Name V ,u _ Signature Quinlin Chun Print Name Signature Sherwin S. Chun Print Nam Si Kerwin Chun Print Name Si Print Name of Applicant (if other than owner) Signature of Applicant (if other than owner) Timothy C. Wood (530) 899 - 0409 Print Name of California Civil Engineer/Land Surveyor Phone Number 1250 East Avenue, Suite 10, Chico CA 95926 timwood@theengineeringgroup.us Mailing Address Email Address BUTTE COUNTY JAN 1 1 2007 DEVELOPMENT SERVICES- Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile APPLICATIONS FOR REZONE AND/OR GENERAL PLAN AMENDMENT 012A 07 - good_ Applicant Name: Verney Chun Project Number: I?F� Z02 -00cot Check All That Apply 0 REzoNE K] GENERAL PLAN AMENDMENT (GPA) General Plan Amendments may only be heard four times a year. APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. BUTTE Applicant Planner/ COUNTY 1. El a�A completed, signed Project Information Form. ,JAN 1 1 2007 DEVELOPMENT 2. .0 0 A complete Project Setting Description (instructions attached). SERVICES 3. 0 0 If the application is signed by an agent for the owner, an agent authorization form must be submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 4. © L.1 A signed agreement for Butte County Archaeological Resources Project Review by the Northeast Information Center (NEIC) accompanied by its required topographic map and a check in the amount of $60.00 made out to "NEIL". Alternatively, you may submit proof of a previous Archaeological Resources Project Review. 5. X❑ D hPayment of the currently required application fees and/or deposits. Make checks payable to "Butte County Treasurer". Public Fee Schedule is available under "Fees" at: http://www.buttecounty.net/dds/Planning/ Additional fees for,publication notices will be required. Application fees are non-refundable. / Applicant's Initials 6. El ,L Y A creation document for the project parcel and evidence of current property ownershi . 7. If the Rezone/GPA involves more than one parcel, a petition signed by a minimum of 60% of the owners of the parcels affected, must be submitted. (Same Owner) 8. © SITE PLAN: Thirty (30) copies of a detailed site plan drawn to standard engineering scale (e.g., V = 20'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on uniform size sheets no less than 18" X 26", folded to 8 %" x 11 ". Include one copy of the map on an 11"x17' sheet. In addition, a digital copy of the map and aerial photographs are encouraged. The detailed map must include: a.QName and business address of the applicant, engineer and/or person who prepared the map. b Assessor Parcel Number(s); street address (if available); and/or Township, Range and Section numbers. C. Property lines, lot dimensions and any applicable easements of record or proposed. City and special district boundaries (if applicable), existing and proposed general d. X 1 plan and zoning designations for the property and surrounding properties within 300.. feet. Dimensioned locations of existing and proposed public and private improvements e a El on the property (including, but not limited to, buildings, roads, driveways, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, storm drainage systems and street lights.) Location of all water features including, but not limited to, natural and human -made f E i drainage courses, irrigation canals, ponds, creeks, sloughs; topographic features including, but not limited to, buttes, slopes > 30%, rock out-croppings; and existing vegetation, such as oak trees greater than 5" in diameter and agricultural crops. Distances between any significant natural and constructed features of the property, g. x0 such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, and their relationship to the property lines. h For vacant' or substantially undeveloped land, show contours at an appropriate vertical scale. El El i Vicinity map indicating the location of the land in relation to the nearest major roads and/or significant topographic features in the surrounding area or region. Indicate scale and include a north arrow oriented to the top of the sheet. j 0 k All plans must be clear and legible. Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Additional fees may be collected for the California Department of Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code (PRC) section 21089 (b). Please call the Planning Division of the Department of Development Services at (530) 538- 7601 if you have any questions about these requirements. Signature: 1� a'--, Applicant/Representative Signature: 6vl /- Planner Receiving Application 0 9 Date: /O 13c) I Date: 41 6�� BUTTE COUNTY JAN 1 1 2007 DEVELOEIMENT SERVICES K:\Planning\FORMSIAPPLICATIONS\RezoneAndOrGenPlanAmend.doc Revised 0726/06 3 CEQAnet Database Query California Home Page 1 of 1 Tuesday, April 14, 2009 OPR Home > CEQAnet Home > CEQAnet Query > Search Results Click Project Title link to display all related documents. Document Type link will display full document description. Records Found: 2 [First] [Next] [Previous] [Last] Page: 1 Query Parameters: Butte None Neg Date Range: 2008-09-01 to 2008-12-31 SCH# Lead Agency Project Title Description Document Date Type Received 2008102025 Butte County Hansirig #2 A request to subdivide one parcel into a 3.01+/- acre parcel into 14 light Neg 10/7/2008 Tentative Parcel industrial condominium parcels, providing for separate title to each unit Map TSM08- within the project. The site is already fully developed with buildings and 0005 infrastructures. 2008092026 Butte County Verney Chun This project is a request for a change in the General Plan from P Neq 9/8/2008 (Tidewatchers (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public - Assoc.) GPA07- Quasi Public) to AR -5 (Agricultural Residential 5 -acre minimum) on two 0002 and parcels totaling 30.1 acres. With this general plan amendment and REZ07-0001 rezone, and upon approval of a subsequent subdivision map, the project site could be divided into six parcels for single family residential use, contingent upon usable septic area being demonstrated for each parcel. [First] [Next] [Previous] [Last] CEOAnet HOME I NEW SEARCH http://www.ceganet.ca:gov/ProjectList. asp 4/14/2009 BUTTE COUNTY BOARD OF SUPERVISORS NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING FOR GPA07-0002 and REZ07-0001 Notice is hereby given by the Butte County Board.of Supervisors that a public hearing will be held on May 5, 2009, at 10:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Applicant: Chun (Tidewatchers Assoc.) Project Name: GPA07-0002& REZ07-0001 Planner: Chuck Thistlethwaite . -- APN: 031-060-054 &.031-070-084 Zoning: P -Q Location: On the west side of Cherokee Road lying between Cherokee Road and the Union Pacific Rail Road tracks Project Description: This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to FR -20 (Foothill Recreation 20 -acre minimum) on two parcels totaling 30.1 acres. The project is composed. of the General Plan Amendment and Rezoning, recognizing that a future subdivision could be proposed for up to 6 parcels, which would be subject to subsequent environmental analysis. In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Negative Declaration for the project. The Initial Study/Negative Declaration (IS/ND), application, and reference documents. for this project are on file for public review and comment at the Butte County Planning Division, 7 County Center Drive, Oroville, California. The IS/ND is also available for review on the County website at http://tinyurl.com/GPA07-0002. The IS/ND includes a finding that there are no significant effects on the environment. Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or -in written correspondence delivered to the _Board of Supervisors. at the address below. For information call or send an email to. 'Chuck Thistlethwaite (530) 538-6572 or cthistlethwaite@buttecounty.net. Clerk of the Board of Supervisors County Administration Office 25 County Center Drive, Oroville, CA 95965 To be published onetime only in the Chico Enterprise Record/Oroville Mercury Register on BACKGROUND On October 9, 2008, the Planning Commission approved a recommendation to the Board of Supervisors that this property be rezoned to AR -20, and recommended a General Plan Amendment to AR. Although the General Plan AR Land Use Designation provides for an A-20 zone, it does not provide for a zone of AR -20. Since the soils on this 30.1 acre property will only .sustain one single family dwelling, the AR -20 zone was recommend in order to prevent further subdivision of the property until public sewer is available. To accomplish this same purpose, "the Agenda Report has been modified to recommend a rezone to FR -20 (Foothill. Recreational 207acre minimum). This zone is consistent with the General Plan AR Land Use Designation. ■ Butte County Department of Development Services ■ ■ January 29, 2009 Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 1 of 11 ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — January 29, 2009 Applicant: Verney Chun (Tidewatchers, Location: On the west side of Cherokee Associate LP) Road lying between Owner Same Cherokee Road and the Union Pacific Rail Road tracks (Section 5, T19N, R04E). File #: GPA07-0002 and REZ07- Parcel Size: Two parcels containing a 0001 total of 30.1± acres. Request: General Plan Amendment from Supervisor 1 P (Public) to AR (Agricultural District: Residential) and a Rezone from PQ (Public Quasi -Public) to Planner: Carl Durling AR -5. (Agricultural Residential Associate Planner 5 -acre Minimum) on a 30.1± acre property in two parcels. G.P.: P (Public) Attachments: Zoning: PQ (Public Quasi -Public) A: Resolution - with DRAFT Conditional Zoning Agreement B: General Plan/Zoning Map Zone Date: February 28, 1984 C: First Initial Study/Negative Declaration for A-5 zone D: Revised Initial Study for FR - 20 zone APN: 031-060-054 & 031-070-084 E: Project/Site plans BACKGROUND On October 9, 2008, the Planning Commission approved a recommendation to the Board of Supervisors that this property be rezoned to AR -20, and recommended a General Plan Amendment to AR. Although the General Plan AR Land Use Designation provides for an A-20 zone, it does not provide for a zone of AR -20. Since the soils on this 30.1 acre property will only .sustain one single family dwelling, the AR -20 zone was recommend in order to prevent further subdivision of the property until public sewer is available. To accomplish this same purpose, "the Agenda Report has been modified to recommend a rezone to FR -20 (Foothill. Recreational 207acre minimum). This zone is consistent with the General Plan AR Land Use Designation. ■ Butte County Department of Development Services ■ ■ January 29, 2009 Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 1 of 11 ■ EXECUTIVE SUMMARY: This project is a request for a General Plan Amendment from P (Public) to AR (Agricultural Residential) and a Rezone from PQ (Public Quasi -Public) to AR -5 (Agricultural Residential 5 -acre Minimum) on a 30.1± acre property encompassing two parcels. With this general plan amendment and rezone to AR -5, and upon approval of a subsequent subdivision map, the project site, as proposed, could be divided into six parcels for single family residential use, contingent upon useable septic area being demonstrated for each parcel. The Environmental Health Department has determined that soil limitations would only allow one single family dwelling unless public sewer is available. Conditional consistency findings, including"evidence of adequate water and sewage disposal capacity" are required for lots less than twenty acres within the AR General Plan Land Use Designation. The consistency finding for sewage disposal capacity for the applicant -proposed AR -5 zone cannot be made. Staff recommends that the Planning Commission adopt the attached Resolution recommending approval of the General Plan Amendment to AR, and a rezone to FR -20 (Foothill Recreational 20 -acre minimum) to the Board of Supervisors. The Initial Study has been modified to reflect a staff recommendation of FR -20 zoning and concludes that the proposed project would not have a significant effect on the environment; therefore a Negative Declaration is recommended. SITE CHARACTERISTICS: The project site is located on the west side of Cherokee Road north of the Thermalito Power Canal (TPC) and abutting the Union Pacific Railroad line (UPRR). The area is known as Thompson Flat. The entire property was used to store the dirt generated by the digging of the TPC and the UPRR rail line. A portion of the City of Oroville boundary extends north along the east side of Cherokee Road across the TPC to within a few feet of the southeast corner of the property. The easterly portion of the property is bisected by the Lower Miocene Canal. (The canal crosses Cherokee Road and provides water to the California Water Service Company (CWSC) holding pond which serves water to the City of Oroville. The undeveloped site, purchased from the State Department of Water Resources on January 11, 2006, has gentle topography, with a slope of approximately 1%. The property forms a 15 foot high bench which parallels with, and is setback 25 feet from, Cherokee Road. South Table Mountain is in clear view from the property. The elevation of the property is approximately 325 feet above sea level. Vegetation on the site includes scattered shrubs and scrub trees and grasses. No natural drainages occur on the site. The project site is not within a 100 -year flood zone, an earthquake zone, or an airport over flight zone. The property is not within the Sphere of Influence of the City of Oroville. ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 2 of 11 ■ Surrounding Land Uses include: Direction General Plan Desi nation Zoning Existing Land Us s North Grazing and Open Land/Public FR -40 and P UPRR, vacant public lands, one residence South Public P -Q State Lands and TPC East Public P -Q State Lands West Public P -Q State Lands and UPRR below grade PROJECT DESCRIPTION This project is a request for a change in the General Plan from P (Public) to AR (Agricultural - Residential) and a rezone from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential 5 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and applicant -proposed rezone to AR -5, and upon approval of a subsequent subdivision map, the project site could be divided into six parcels for single family residential use, contingent upon useable septic area being demonstrated for each parcel. ANALYSIS Under the current P -Q (Public -Quasi Public) General Plan designation and P Zoning, the project site could be developed with the following permitted uses: • Public Schools, • Public Parks, • Public Playgrounds, • Publicly owned buildings and land, • Public recreational uses, and • Public hospitals, With this General Plan Amendment, Rezone and the restrictions proposed in the accompanying Conditional Zoning Agreement, the project site could be developed with a Single Family dwelling as permitted use. The following uses would be permitted only with the issuance of a use permit: • Small family day care facility, • Accessory uses normally associated with a single family home, • Pedestrian, equestrian and bicycle trails, • Guest house, • Agricultural uses and forestry experimental areas. In comparing the above permitted use groups, it is clear that there is a substantial reduction in the potential intensity and scope of development. ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 3 of 11 ■ The Environmental Health Department reviewed the proposed General Plan Amendment and change in zoning. It conducted soil profiles on the property and determined that there is only enough usable sewage disposal area for one single-family dwelling with a septic system. Public sewer is not currently available to the site. The nearest sewer line belongs to the City of Oroville and is located on the southerly end of the Cherokee Road Bridge overcrossing the TPC. The City has indicted that projects must be in the City to obtain sewer. The AR General Plan designation allows for lots less than twenty acres in size (only) when five conditional consistency findings can be made, including "evidence of adequate water and sewage disposal capacity", as noted below. Since evidence of adequate sewage disposal capacity has not been identified, staff is recommending an FR -20 zone be applied to. the project. In order to allow for only one single-family dwelling on two legal parcels, a conditional zoning agreement is also proposed for the project. See Attachment A. The current General Plan and zoning does not permit single family dwellings, but does permit significant Public uses as noted above. The land was sold from DWR into private ownership; therefore, the Public designation no longer appears appropriate. The staff -recommended change in the General Plan and zoning to FR -20 would allow one single-family dwelling, which Environmental Health has determined is appropriate on the property and as desired by the private property owner. The FR -20 zone is a consistent zone under the proposed General Plan designation of AR (Agricultural Residential). The property could be rezoned to AR -5, as requested, if public sewer is provided. Alternatively, annexation to the City of Oroville would be accompanied by City of Oroville pre -zoning or zoning which would supersede County land use designations. CONDITIONAL CONSISTENCY FINDINGS The AR General Plan designation allows for lots less than twenty acres in size when five conditional consistency findings can be made, including "evidence of adequate water and sewage disposal capacity", as noted below. 1. Compatible with neighboring agricultural activities The project site is not located in an intensive commercial agricultural area. No commercial agricultural uses are established on any of the surrounding parcels. The only agricultural use in the project area is livestock grazing. None of the adjoining parcels on the south, east and west have a General Plan land use designation of Orchard and Field Crops or Grazing and Open Land. However, a parcel situated north across the 250 foot wide NPRR line is designated as GOL (Grazing and Open Land), and under a California Land Conservation Act (CLCA) contract. The Butte County Agricultural Commissioner's Office commented that this project would not have any significant impacts to agricultural operations if future development of the property adheres to the 300 foot agricultural setback, consistent with Butte County Code Section 24-286. The project is not expected to create any impacts to agricultural activities. 2. Evidence of adequate water and sewage disposal capacity. ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 4 of 11 ■ Domestic water is proposed to be obtained from individual wells. Usable sewage disposal areas as required by Appendix VII of the Butte County Subdivision Ordinance have not been proven to support parcels consistent with the applicant proposed zoning. The soils on the project site may not be adequate to support on-site sewage disposal systems on five acre parcels. Without useable septic areas to service the future lots, Butte County Code would not allow the subdivision, and development would be limited to the one existing parcel. 3. Availability of adequate fire protection facilities. The nearest staffed fire station is Station # 63 (CDF staffed) located approximately 1.8 miles to the west at Neal Road and County Center Drive. All new dwellings placed on the project site would be required to have interior fire sprinkler systems to help reduce impacts to fire protection services. 4. Adequately maintained approved road access with sufficient capacity to serve the area. The project site fronts on Cherokee Road, which is a public road. Cherokee Road along the project site is of adequate width to provide for two-way traffic. Cherokee Road is a through road, and connects to Table Mountain Road to the south (in the City of Oroville). A future parcel map on the project site that would create six 5+ acre parcels has the potential to create approximately 24 vehicle trips per day, although it is expected the actual number of vehicle trips would be less due to the rural location of the project site. 5. Reasonable accessibility to commercial services and schools. A K-8 school is located in the community of Thermalito, approximately two miles to the west of the project site. High schools are located in Oroville within approximately 2 miles to the south of the project site. School bus service is provided to these schools. Full service general stores are located in the City of Oroville. Since evidence of water and sewage disposal capacity has not been proven for more than one dwelling unit, conditional consistency findings cannot be made for the applicant -proposed AR -5 zoning designation. Conditional consistency findings are not required for the FR -20 zoning designation recommended by staff. LOCAL AGENCY REVIEW Comments/conditions received from Butte County Departments and other Agencies were reviewed and evaluated. The Environmental Health Department states that they conducted soil profiles on this property and that there is only enough sewage disposal area for one single-family dwelling on the 30.1 acre project site. ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 5 of 11 ■ ENVIRONMENTAL REVIEW: The revised initial study and draft negative declaration, which is attached to this agenda report, finds that there are no identified significant environmental impacts. This determination is made in light of the reduction in scope of permitted uses, the change in the requested zoning of AR -5 to a staff -recommended rezone of FR -20, and the ability to apply setback restrictions to building permit site plans. The initial study/negative declaration was sent to the Governor's Office of Planning and Research, State Clearinghouse (SCH#: 2008092026), for a 30 -day review period. Modifications have been made to this document after circulation to the State Clearinghouse. The modifications reflect a change in the proposed zoning of AR -5 to a recommended zoning of FR -20. The recommended zoning is consistent with the recommended General Plan designation of AR (Agricultural Residential). Notices regarding the 30 -day review period were mailed to landowners near the project site, and a notice was placed in the Oroville Mercury Register. LOCATION MAP . ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 6 of 11 ■ ARIAL VIEW OF PROPERTY ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 7 of 11 ■ X1 ST:+.TE OF �;.o. _ ?��Rr� wrm'R �.i`v`s'�2 SL .ems lae4 AC MP A ro �- f � J i 1�6A., h'��G47 sC3g1yG ESV fA AR oT#.TE OF rA •ter' . s°�-_ ii�4i u c 7 L -R . WATER nEWuFi4f']r r� Y W/ Isill AC P24 Law Ma .1'aff ML vsru (�v�= L �, ✓ 3TaTE OF i<41FOF�sI.e �.��..� i y� ira i �ra,E CK��re:awo° AM flus a (t uwLT ire r •• ;a 5E�+:1rE STATE QF Ck '&MV FEW}a S III;!; .a9 SITE PLAN ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 8 of 11 ■ RESOLUTION A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT GPA 07-0002 TO AGRICULTURAL RESIDENTIAL AND REZONE REZ07-0001 TO FOOTHILL RECREATIONAL, 20 -ACRE MINIMUM WHEREAS, the Planning Commission has considered GPA07-0002 and REZ07-0001 for Verney Chun (Tidewatchers, Associate LP), in accordance with Chapter 24, Section 30 (General Plan) and Section 25 (Zoning); of the Butte County Code on Assessor's Parcel Number 031-060- 054 and 031-070-084; and WHEREAS, the Planning Commission has considered a Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said General Plan Amendment and Rezoning was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearings were held on October 9, 2008 and January 29, 2009; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division including comment that adequate sewage disposal capacity is not available to support the density of development allowed within the AR -5 zone, as proposed. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the Board of Supervisors take the following actions: I. Adopt a Negative Declaration with the following findings: A. An Initial Study was completed and revised in compliance with the California Environmental Quality Act. Said study identified no significant environmental effects. B. The Planning Commission has considered the proposed Negative Declaration, together with the administrative record and comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the revised Initial Study and any comments received, there is no substantial evidence that the General Plan Amendments and Rezone for Verney Chun, namely General Plan Amendment, GPA07-0002 from P (Public) to AR (Agricultural Residential) and Rezone REZ07-0001 from PQ ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 9 of 11 ■ (Public Quasi -Public) to FR -20 (Foothill Recreational 20 -acre minimum) would have a significant effect on the environment. The custodian of the record is the Planning Division of the Development Services Department. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The proposed Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Find that the collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3). III. Approve General Plan Amendment, GPA07-0002 from P (Public) to AR (Agricultural Residential) and Rezone REZ07-0001 from PQ (Public Quasi -Public) to FR -20 (Foothill Recreational 20 -acre Minimum) for Verney Chun (Tidewatchers, Associate LP) based on the following findings: A. The current `Public' General Plan and zoning does not permit single- family dwellings, but does permit significant Public uses. The land was sold from the State Department of Water Resources into private ownership; therefore, the Public designation is no longer appropriate. B. The Environmental Health Department reviewed the proposed General Plan amendment and change in zoning. It conducted soil profiles on the property and determined that there is only enough usable sewage disposal area for one single-family dwelling with a septic system. Public sewer is not currently available to the site. The nearest sewer line belongs to the City of Oroville. The City has indicted that projects must be in the City to obtain sewer. C. The proposed change in the General Plan to AR and the staff - recommended change in zoning to FR -20 would allow one single-family dwelling, which Environmental Health has determined is appropriate on the property and is desired by the private property owner. D. The FR -20 zone is a consistent zone under the proposed General Plan designation of AR (Agricultural Residential). IV. Enter into a Conditional Zoning Agreement, a draft of which is attached, limiting the development of the two subject parcels to one single-family dwelling until adequate sewage disposal can be achieved, consistent with regulations applicable at such time additional development is contemplated. ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 10 of 11 In DULY PASSED AND ADOPTED this 29th day of January, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chair Planning Commission County of Butte, State of California ATTEST: TINA BONHAM, Secretary Planning Commission County of Butte, State of California ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 11 of 11 ■ County of Butte And When Recorded Return to Clerk of the Board of Supervisors 25 County Center Drive Oroville, CA 95965 Exhibit B CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this —day of , by and between Verney Chun (Tidewatchers, Associate LP), herein called "Owners", and the COUNTY OF BUTTE, a political subdivision of the State of California, herein called it WITNESSETH WHEREAS, Owner is the owner of real property, herein called the "Property", situated in the County of Butte, APN 031-060-054 and 031-070-084, which Property is described as follows: All that certain real property situated in the County of Butte, State of California, being more particularly described as follows: All that real property lying in Section 5, Township 19 North, Range 4 East, M.D.B.&M., County of Butte, State of California, said property lying Southerly of the North line of that property described as PARCEL "C" in the Grant Deed recorded September 1, 1961, in Book 1136, Page 309, Official Records of said County, described as follows: BEGINNING at a point intersecting the West line of Section 5 and the Northerly line of said "PARCEL "C", from which the Southwest corner of Section 5 bears South 00'44'17" East 2384.83 feet; thence from said point of beginning along the West line of Section 5 South 00'44'17" East 104.57 feet; thence leaving said West line South 40058'15" East 52.04 feet; thence South 40'58'15" East 400.00 feet; thence North 49°01'45" East 125.42 feet to the Southerly boundary of a Director's Easement Deed, recorded August 23, 1977, in Book 2203, Page 456, Official Records of said County; thence along the Southerly boundary of said Easement South 65°28'45" East 821.28 feet to the Westerly right of way line of Cherokee 1 Road; thence along said Westerly right of way the following 6 courses: North 35°53'05" East 225.32 feet; North 31°38'06" East 83.24 feet; North 30°19'06" East 145.36 feet; North 31°01'54" East 140.87 feet; North 36°18'10" East 69.37 feet; North 33°00'22" East 326.46 feet to the most Westerly corner of the Oroville Water Company, as described in, the Grant Deed recorded July 25, 1898, in Book 50 of Deeds,, at Page 560 of said County, said Westerly corner being monumented by a 3/4 -inch iron pipe with plastic cap stamped "CALIF.D.W.R."; thence along the Westerly boundary of said Oroville Water Company property the following 2 courses: North 24°00'55" West 779.95 feet to a 3/4 -inch iron pipe; North 73°30'45" East 350.53 feet to a 3/4 -inch iron pipe with a plastic cap stamped "CALIF. D.W.R."; thence leaving said Oroville Water Company property North 08'06'15" West 278.12 feet to the Northerly boundary of said PARCEL "C"; thence along said Northerly boundary the following 4 courses: along a curve to the left having a radius of 1247.34 feet through a central angle of 37'05'13", an arc distance of 807.39 feet; North 48°40'00" West 90.00 feet; South 41°20'00" West 699.62 feet; along a curve to the right, having a radius of 1537.34 feet, through a central angle of 21'08'31", and arc distance of 567.27 feet to the point of beginning, containing, after making exception, 3 0. 10 acres, more or less. EXCEPTING THEREFROM: The parcel of land described in the Deed recorded April 11, 1895, in Book 40 of Deeds, Page 39. ALSO EXCEPTING THEREFROM: All geothermal resources and all minerals, oils, gases, and other hydrocarbons by whatsoever name known that may be within or under the parcel of land hereinabove described without, however, the right to drill, dig or mine though the surface thereof. WHEREAS, the Property is now zoned PQ (Public Quasi -Public) and is designated as P (Public) by the Butte County General Plan; and WHEREAS, Owner has applied for General Plan Amendment from P (Public) to AR (Agricultural Residential) and a Rezone from PQ (Public Quasi -Public) to AR -5 (Agricultural Residential 5 -acre minimum); and WHEREAS, public hearings have been held upon said applications before the Board of Supervisors of the County of Butte, State of California, and after having considered the matter presented, the Board has determined that certain conditions to the FA zoning reclassification of said real property must be imposed so as not to create any problems inimical to the health, safety and the general welfare of the County of Butte. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that this Agreement establishes the conditional reclassification of Property to FR -20 (Foothill Recreational 20 -acre minimum) pursuant to Butte County Code Section 24-25.40 (c), between the property owner and County of Butte, subject to the following provisions: I. This Agreement is contingent upon and includes the following conditions: 1. Only one single family dwelling unit is permitted on the combination of the two parcels, and excluding separate livable space, until such time as: a. The requirements of Appendix VII of the Butte County Code, Chapter 20, Subdivision Standards, are met, or b. Requirements of Appendix VII have been modified and the provisions of the revised standard are met, or c. Public sewer is extended to the development. 2. Prior to the issuance of any development permits, including and not limited to building permits, septic permits and well permits, a no development zone of 50 feet shall be recorded paralleling the Miocene Canal. 3. Prior to the issuance of any development permits, including and not limited to building permits, septic permits and well permits, a no development zone of 50 feet shall be recorded paralleling the Union Pacific Rail Road (UPRR) right-of-way. Said no development zone to remain in effect until such time that the Williamson Act Contract and General Plan designation of GOL on the adjoining property north across the UPRR is change such that the current 300 foot setback no longer applies to the project property. 4. The following land use is not permitted: a. Mining, quarrying and commercial excavation. 5. The following land uses are not permitted except by an approved Use Permit. a. The erection, construction, alteration or maintenance of gas, electric, water or communication transmission facilities, hydro generating projects of five (5) megawatts or less. b. Protection of land and forests from fire, erosion, floods, slides, quakes, insects, diseases and pollution, including arboretums and natural, experimental and study areas. c. Pedestrian, equestrian and bicycle trails. tj d. Uses requiring a Use Permit listed under Butte County Code Section 24-110, except mining commercial extraction, which is not allowed. II. In the event Owner, any successor in interest of Owner, or any person in possession of the Property, violates or fails to perform any of the conditions of this Agreement within thirty (30) days after notice thereof as provided in Paragraph III, the Board of Supervisors of County may instruct the County Counsel to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of County may also initiate proceedings to rezone the property to the classification to which it is now zoned or any other suitable classification. III. Notice of violation of any of the provisions of this Agreement shall be sent to Owner or successor at the address of the then current owner as identified on the current tax roll. IV. In the event suit is brought by the County Counsel of County to enforce any of the provisions of this Agreement, Owner agrees to pay to County a reasonable sum to be fixed by the Court as attorney's fees. V. Each and every one of the provisions of this Agreement herein contained shall run with the land and shall bind and inure to the benefit of the successors in interest of Owner and County, in the same manner as if they had been expressly named herein. VI. If this entire matter, including the Resolution amending the General Plan, or any finding, action or condition of this matter is appealed, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Dated: By: Verney Chun (Tidewatchers, Associates LP), Owner Dated: By: COUNTY OF BUTTE, a political subdivision of the State of California Chair Butte County Board of Supervisors [Attach Notary form] Iko a DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED NEGATIVE DECLARATION FOR GPA07-0002 & REZ07-0001 (Verney Chun of Tidewatchers Associates) COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR GPA07-0002 & REZ07-0001 (Verney Chun of Tidewatchers Associates) 1.0 PROJECT INFORMATION A. Applicant/Owner: Verney Chun of Tidewatchers Associates B. Staff Contact: Carl Dur ling (530) 538-7150 C. Project Name: N/A D. Project Location: On the west side of Cherokee Road lying between Cherokee Road and the Union Pacific Rail Road tracks E. Type of Application(s): General Plan change (P to A -R) and a Rezone (PQ to AR -5) F. Assessor's Parcel Number: 031-060-054&03i-070-084 G. Project Site Size: 30.1 Acres H. Current Zoning: PQ (Public Quasi -Public 1. Proposed Zoning: AR -5 (Agricultural Residential 5 -Acre Minimum) J. General Plan Designation: P (Public) K. Proposed General Plan Designation: AR (Agricultural Residential) L. Environmental Setting: The project site is located on the west side of Cherokee Road north of the Thermalito Power Canal (TPC) and abutting the Union Pacific Railroad line (UPRR).. The area is known as Thompson Flat. The entire property was used to store the dirt generated by the digging of the Thermalito Power Canal and the UPRR rail line. A portion of the City of Oroville Corporation boundary extends north along the east side of Cherokee Road across the Thermalito Power Canal to within a few feet of the southeast corner of the property. The easterly portion of each parcel is bisected by the Lower Miocene Canal. The canal crosses Cherokee Road and provides water to the California Water Service Company (CWSC) holding pond which serves water to the City of Oroville_ The undeveloped site has gentle topography, with a slope of approximately 1%. The property forms a 15 foot bench paralleling, and setback 25 feet from, Cherokee Road. South Table Mountain is in clear view from the property. The elevation of the property is approximately 325 feet above sea level. Vegetation on the site includes scattered shrubs and scrub trees and grasses. No natural drainages occur on the site. The project site is not within a 100 -year flood zone, an earthquake zone, or an airport overflight zone. The property is not within the Sphere of Influence of the City of Oroville. An examination of properties within 2,500 feet of the project site finds that there are no projects that are either in the process of being, or anticipated to be, further subdivided. Therefore, cumulative projects have been determined not to be cumulatively considerable. M. Surrounding Land Uses: Land uses consist of large vacant parcels on the south, east and west owned either by the State of California or by CWSC. There is a cluster of homes on properties on either side of Cherokee Road near the UPRR overcrossing. The entire north side of the property is bounded by the 250 a Butte County Department of Development Services m ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 1 of 32 m foot wide, 30 to 80 foot deep, UPRR right-of-way North across the UPRR property is a vacant parcel under public ownership, and one private parcel with a single family dwelling. Direction General Plan Designation Zoning Existing Land Use(s) North Grazing and Open Land/Public FR -40 and P UPRR, vacant public lands, one SF South Public P -Q State Lands and Thermalito Canal East Public P -Q State Lands West Public P -Q State Lands and UPRR below grade N. Proiect Description: This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential 5 - acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone, and upon approval of a subsequent subdivision map, the project site could be divided into six parcels for single family residential use, contingent upon useable septic area being demonstrated for each parcel. Sewage disposal for future dwellings would be provided by individual, on-site, septic systems contingent on useable septic areas being demonstrated for each parcel. Domestic water would be provided by private wells. Access to the future parcels on the site would be from Cherokee Road, which is a public road. For the purposes of this initial study, the project is presumed to be composed of the General Plan Amendment and Rezoning, recognizing that a future subdivision could be proposed for up to 6 parcels, which would be subject to subsequent environmental analysis. O. Public Anncv Approvals: Butte County Planning Division Butte County Building Division Butte County Fire Department/CDF Butte County Environmental Health Division Butte County Public Works Department 2.0 DETERMINATION [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE. DECLARATION will be prepared. [ J I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL. IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. a Butte County Department of Development Services a a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 2 of 32 ■ [ j I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Q..'a &--� �- C2 y YFr a,z Prepared by- 1 Du ling, Associate Planner Date 01 Reviewed by. Stacey a Principle Planner Date 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. [ ] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [ ] 43 Air Quality ( ] 4.4 Biological Resources [ ] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ J 4.7 Hazards/Hazardous Material [ ] 4.8 Hydrology/Water Quality ( ] 4.9 Land Use [ ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing [ j 4.13 Public Services [ ] 4,14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [ J 4.17 Mandatory Findings of Significance B. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project -specific screening analysis.) 2) All answers must take account of the whole action involved including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Than Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). a Butte County Department of Development Services a m Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 3 of 32 ■ 5) "Reviewed Under Previous Document" Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D) In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETIC/VISUAL RESOURCES: Would the proposal: Potentially significant Less Than significant Less Than Significant No Impact Reviewed Under Impact will] Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic X buildings within a state scenic highway? e. Substantially degrade the existing visual character or X quality of the site and its surroundings? d. Create a new source of substantial light or glare which would adversely affect day or nighttime views X in the area? Impact Discussion: The project site is located on Cherokee Road, which is not designated as a State or County scenic highway (Butte County Scenic Highway Map). The south bluff of Table Mountain, considered a significant scenic view and is visible from the site. This project would not significantly impact views of Table Mountain by residents of subdivisions within the City located south across the Canal because project homes would be at approximately the same elevation. , a Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 m Page 4 of 32 ■ The project site consists of undeveloped property and is predominantly grass land with scattered shrubs and scrub trees. The proposed general plan and rezone could ultimately result in sir 5 -acre residential parcels, Future residential development on the site would introduce new visual elements, such as dwellings, accessory structures, and lighting, which would change existing off-site views. Homes would not be readily visible to the traveling public on Cherokee Road because of the 15 to 20 foot elevation difference of the property and road elevations. This is a less than significant impact. The future homes on the project site would have normal exterior household lighting. These lights are not expected to create any significant impacts due to the low density of the future project. Street lighting is not required. Residential development of the site would be consistent with surrounding and nearby parcels. No substantial conflicts with the established character or function of the surrounding community are anticipated. Construction of a typical residential project causes short-term visual consequences Grading operations and construction activities create a visual impact, and construction debris, rubbish and trash can accumulate on construction sites and are unsightly if visible from public streets The completion of the project improvements would eliminate the short-term visual impacts of the grading and construction operations. This is a less than significant impact. Mitigation Measure: None required 4.2 AGRICULTURE RESOURCES: Impact Discussion: In June 2007 the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency issued the Important Farmlands Map for Butte County identifying Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Grazing land. This map also identifies approximately 42% of the land in the County as either: Agricultural Land Not Yet Classified, Urban and Built-up Land, Other Land, and Water. This map is based on a soil survey completed in 2006 and 2004 farmlands mapping data. The above referenced map indicates the subject property as "Grazing Land". This designation is described as: Land on which the existing vegetation is suited to the grazing of livestock The nrininitvn mapping unit is 40 acres. Tlie nrininrunr mapping unit for Grazing Land i.s X10 acres. The project site is currently designated P (Public) by the Butte County. General Plan and is zoned P -Q (Quasi Public). This land use designation would allow as permitted uses public facilities such as a public hospital, county facility, and public schools. The requested AR -5 zoning also permits agricultural uses as accessory uses to the main dwelling. Soils on the project site have a Soil Conservation Service classification of Excavated Material, which are not prime agricultural soils and have limitations that make them generally adequate only for livestock grazing. The property is covered with extensive grass land, and is not currently used for cultivated crop production or livestock grazing, nor does it appear to have ever been utilized for agricultural uses. None of the adjacent land on the east, a Butte County Department of Development Services ■ a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 5 of'32 is Potentially Less Than Less Than No Reviewed Would the proposal: significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the X Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or X a Williamson Act Contract? c. Involve other changes in the existing environment which, due to their location or nature, could result in X conversion of Farmland, to non-agricultural use? Impact Discussion: In June 2007 the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency issued the Important Farmlands Map for Butte County identifying Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Grazing land. This map also identifies approximately 42% of the land in the County as either: Agricultural Land Not Yet Classified, Urban and Built-up Land, Other Land, and Water. This map is based on a soil survey completed in 2006 and 2004 farmlands mapping data. The above referenced map indicates the subject property as "Grazing Land". This designation is described as: Land on which the existing vegetation is suited to the grazing of livestock The nrininitvn mapping unit is 40 acres. Tlie nrininrunr mapping unit for Grazing Land i.s X10 acres. The project site is currently designated P (Public) by the Butte County. General Plan and is zoned P -Q (Quasi Public). This land use designation would allow as permitted uses public facilities such as a public hospital, county facility, and public schools. The requested AR -5 zoning also permits agricultural uses as accessory uses to the main dwelling. Soils on the project site have a Soil Conservation Service classification of Excavated Material, which are not prime agricultural soils and have limitations that make them generally adequate only for livestock grazing. The property is covered with extensive grass land, and is not currently used for cultivated crop production or livestock grazing, nor does it appear to have ever been utilized for agricultural uses. None of the adjacent land on the east, a Butte County Department of Development Services ■ a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 5 of'32 is west and south is utilized for agriculture and the project site is not designated as Prime or Unique Farmland, or Farmland of Statewide Importance (California Resource Agency), One of the properties north across the 250 foot wide UPRR right-of-way is under a California Land Conservation Act agreement ("Williamson Act"). A 300 foot buffer is required. However, only 50 feet of this buffer actually encumbers the property along the UPRR. As a part of the processing of this project, comments were sought from the Butte County Agricultural Commissioner's office. The Agricultural Commissioner's office stated that the project would not have any impacts to agricultural lands or operations with enforcement of the buffer. The buffer is required by Butte County Code as part of any building permit for dwellings. The project would have no impact on agricultural resources. Mitigation Measure: None required. 4.3 AiR QUALITY: Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "nonattainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the state standards for ozone and fine particulate matter- (PM). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. Butte County and the project site are within the NSVAB. The region's air pollution management is guided by the Basin's 2003 Air Quality Attainment Plan and includes a number of feasible control measures. Butte County, under the auspices of the Butte County Air Quality Management District (BCAQMD), has adopted some, but not all, of these measures. Construction activities are also a source of organic gas emissions. Although construction -related sources are mobile and transient in nature, various diesel -powered vehicles and equipment are in use during construction. In this instance, however, health risks from construction -related diesel particulate would be less -than -significant because at most six dwellings could be developed at the project site, resulting in temporary building activities that would occur in a low density rural area, The Butte County Air Quality Management District (BCAQMD) released the CEOA Air Ortality Handbook Guidelines, for Assessing Air Quality Impacts for projects .subject to CEOA Review (CEQA Handbook), which was approved .January 24, 2008. The document establishes thresholds of significance for projects based on project size a Butte County Department of Development Services m a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 6 of 32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the X applicable air quality plan9 b. Violate any air quality standard or contribute substantially to an existing or projected air quality X violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient X air quality standard (including releasing emissions which exceed quantitative thresholds for ozoneprecursors)? d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting a substantial X number of people? Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "nonattainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the state standards for ozone and fine particulate matter- (PM). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. Butte County and the project site are within the NSVAB. The region's air pollution management is guided by the Basin's 2003 Air Quality Attainment Plan and includes a number of feasible control measures. Butte County, under the auspices of the Butte County Air Quality Management District (BCAQMD), has adopted some, but not all, of these measures. Construction activities are also a source of organic gas emissions. Although construction -related sources are mobile and transient in nature, various diesel -powered vehicles and equipment are in use during construction. In this instance, however, health risks from construction -related diesel particulate would be less -than -significant because at most six dwellings could be developed at the project site, resulting in temporary building activities that would occur in a low density rural area, The Butte County Air Quality Management District (BCAQMD) released the CEOA Air Ortality Handbook Guidelines, for Assessing Air Quality Impacts for projects .subject to CEOA Review (CEQA Handbook), which was approved .January 24, 2008. The document establishes thresholds of significance for projects based on project size a Butte County Department of Development Services m a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 6 of 32 ■ and/or projected emissions. The thresholds were analyzed for conformance with CEQA Guidelines §15382. The districts four categories of evaluation are: 1. Comparison of calculated project emissions to the Districts emission thresholds; 2 Consistency with the most recent Air Quality Attainment Plan (AQAP) for Butte Comity, 3. Comparison of predicted ambient pollutant concentrations resulting from the project to Stale and Federal health standards, where applicable; and 4. The evaluation of special conditions which apply to certain projects, such as public exposure to toxic air contaminants ` Table 2-1 of the CEQA Handbook lists the thresholds of significance, the CEQA level of significance, and the environmental document type requirement.. See table below. Table 2-1: Thresholds of Significance for Critical Pollutants of Concern Pollutant Level A Level B Level C NOx <_25lbs/day >25lbs/day >137lbs/day ROG 1525 lbs/day >25 lbs/day > 13 7 lbs/day PMro _<80lbs/day >80lbs/day >137lbs/day Level of Significance Potentially Significant Potentially Significant Significant Impacts impacts Impacts Environmental Mitigated Negative Document Declaration (MND) or Mitigated ND or EIR E1R ND Source BCAQMD CEQA Handbook Table 1-1 (Screening Criteria for Project Air Quality Impacts) lists the established thresholds based on land use. The threshold for a single family residential project is 120 units. This project has the potential for six single family residences, resulting in a "Level A" threshold of significance Standard mitigation measures guidelines for "Level A" are in Section 5 of the CEQA Handbook. The mitigation measures listed in Section 5 are design standards for more urban residential developments, including street design, multi -modal transportation options, and building efficiency, and this standard mitigation will ensure the project has a less than significant impact on cumulative air quality. This project does not include new streets, is not at a density level to justify multi -modal transportation options. This project does not include commercial or industrial development. Based on the information above, this project will not conflict with or obstruct any air quality plan. The daily vehicular traffic that could result in the addition of six residences of an approved subdivision, each on one five acre parcel, would constitute a less than significant impact on air quality given the low-density character of the surrounding area, the lack of congestion on local roads, the relatively small size of the project, and when compared. to the permitted uses under the current P -Q zoning Concentrations of pollutants are related in, part to levels of traffic congestion along streets and at intersections. Additional project -generated traffic of about 58 vehicular trips per day would not increase either traffic volumes on the local street network or carbon monoxide and other vehicle - related emissions along local roadways to the extent it would constitute a measurable impact to air quality. This initial study evaluates the environmental effects of'a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review a Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 o Page 7 of 32 which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level.. For instance: Example #1 Control Dust a) During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b) During construction, water- trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c) Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d) On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e) Haul vehicles transporting soil into or out of the property shall be covered. f) Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. g) Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. Post Contact Information h) Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours, The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices i) Maintain all construction equipment in proper tune according to manufacturer's specification. j) Where feasible, give preference to utilizing the following equipment: e Electric equipment e Substitute gasoline -powered for diesel -powered equipment o Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, orbiodiesel. a Equipment that has Caterpillar pre -chamber diesel engines, as practical. e Diesel construction equipment meeting the California Air Resources Board's (CARB) 1996 or newer certification standard for- off-road heavy-duty diesel engines. k) Construction workers shall park in designated parking area(s) to help reduce dust emissions." Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors.. Therefore, mitigation. for effects of the subdivision is most appropriately addressed as part of the future subdivision process, not the current General Plan amendment and re=one 4.4 BIOLOGICAL RESOURCES: a Butte County Department of Development Services m a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 m Page 8 of 32 in Potentially Less Than Less Than No Reviewed Would the proposal: Significant sigairicant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect, either directly or X a Butte County Department of Development Services m a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 m Page 8 of 32 in Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitignlion Document Incorpornted through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, X regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? e. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, X vernal pool, coastal, etc ) through direct removal, filling, hydrological interry tion, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory X wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any Iocal policies or ordinances protecting biological resources such as a tree X reservation policy ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation X Plan, or other approved local, regional, or state habitat conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, X threatened or endangered species of animals? It. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, X amphibians, fish or invertebrates)? i. A deterioration of existing fish or wildlife habitat (for X foraging, breeding,roosting, nesting, etc.)? j. Introduction of barriers to movement of any resident X or migratory fish or wildlife species? k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could X hinder the normal activities of wildlife? Impact Discussion: The project site is located on the west side of Cherokee Road north of the Thermalito Power Canal (TPC) and abutting the Union Pacific Railroad line (UPRR). The area is known as Thompson Flat. The entire property was used as a repository of the soil generated by the excavation of the Thermalito Power Canal and the UPRR rail line. The property is coveted by annual grasses with a scattering of small oak trees located mainly along the north boundary line and against the UPRR right-of-way. Some small quantities of riparian vegetation are found along the Miocene Canal located at two places on the site ® Butte County Department of'Development Services ■ o Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 9 of 32 tr The Califomia Natural Diversity Database (CNDDB Rarefrnd 2, Govemment Version, Jan -02-2003) was reviewed to determine if any special status species or habitats are known to occur on the project site or in the project area. The CNDDB showed no occurrences of any special status species on the project site or in the project area. However, the easterly portion of each parcel is bisected by the Lower Miocene Canal. The canal crosses Cherokee Road and provides water to the Califomia Water Service Company (CWSC) holding pond which serves water to the City of Oroville. This canal has existed in it's present route for many years. Flora of various species are established along this canal and provide cover and a food source for fauna. Future development of the project will have an impact to fish and/or wildlife due to the introduction of human development. Therefore it is determined that the collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or- final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). The proposal would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, local policies or ordinances protecting biological resources, or other approved local, regional, or state habitat conservation plan as there are no adopted plans affecting the project site. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: Example #2 The following note shall be placed on any future parcel or subdivision map, and any building permit site plan, on the project site: "A 50 foot wide "No Development Area" encompassing the riparian area along the Miocene Canal. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "No construction (including septic tanks, leachfields, structures, fences, or dumping (including fill material), or vegetation removal and/or- excavation shall occur within the 'No Disturbance Area' as depicted. Limited vegetation removal necessary for flood and fire control is permissible within the `No Disturbance — Area'; however, all living and thriving native trees shall be retained and all vegetation removal shall be approved by the Department of Fish and Game prior to removal" Example #3 The following note shall be placed on any future parcel or subdivision map, and any building permit site plan, on the project site: "Prior to any development activity or the issuance of any permit or approval that would result in the removing or encroaching upon oak trees on the project site (this includes the canopy drip -line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime), an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or- landscape architect shall be submitted for review and approval by the Director of Development Services or his/her designee that includes: 1) A survey showing the location of oak trees 5 inches or more in diameter- at breast height, as defined by PRC §21083.4(a); 2) A plan for the mitigation of the removal of all oak trees 5 inches or more in diameter at breast height It shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half' of the mitigation. Replanted oak trees shall be maintained for a period of seven years after, they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted; 3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, m Butte County Department of Development Services o a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 10 of 32 considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals; 4) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. Each oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and 5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of'Development Services or his/her designee. Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, mitigation for effects of the •subdivision is most appropriately addressed as part of the fttattre .subdivision process, not the current General Plan amendment and rezone 4.5 CULTURAL RESOURCES: Impact Discussion: Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. According to Butte County constraints mapping, the project site is located in an area considered to have a low to moderate archeological sensitivity. Soil excavated to create the Thermalito Power Canal and the UPRR right-of-way was taken from areas known to be inhabited at one time by Native Americans. There is a reasonable possibility that the excavation could have also removed historic cultural resources. Grading and other soil disturbance activities on the project site in relation to future residential development have the potential to uncover historic or prehistoric cultural resources. To prevent impacts to historic or prehistoric cultural resources that may be uncovered during development activities on the project site, Example #5 is would requires all construction activity halt and the county Planning Division and a professional archaeologist be consulted to evaluate the find(s),It is reasonable to assume that historic artifacts could have also been moved to the property. The project site is not developed with any buildings, but the Miocene Canal is located on the site and is an open, lined ditch, and was built numerous years ago and may be considered a significant cultural resource as defined by CEQA. Development along the canal as a result of a parcel map on the project site could create significant impacts to the canal. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: o Butte County Department of Development Services a ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 to Page 1 I of 32 0 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance X of a historical resource as defined in $15064.57 b. Cause a substantial adverse change in the significance of X an archaeological resource pursuant to § 15064.5? c. Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d. Disturb any human remains, including those interred X outside of formal cemeteries? Impact Discussion: Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. According to Butte County constraints mapping, the project site is located in an area considered to have a low to moderate archeological sensitivity. Soil excavated to create the Thermalito Power Canal and the UPRR right-of-way was taken from areas known to be inhabited at one time by Native Americans. There is a reasonable possibility that the excavation could have also removed historic cultural resources. Grading and other soil disturbance activities on the project site in relation to future residential development have the potential to uncover historic or prehistoric cultural resources. To prevent impacts to historic or prehistoric cultural resources that may be uncovered during development activities on the project site, Example #5 is would requires all construction activity halt and the county Planning Division and a professional archaeologist be consulted to evaluate the find(s),It is reasonable to assume that historic artifacts could have also been moved to the property. The project site is not developed with any buildings, but the Miocene Canal is located on the site and is an open, lined ditch, and was built numerous years ago and may be considered a significant cultural resource as defined by CEQA. Development along the canal as a result of a parcel map on the project site could create significant impacts to the canal. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: o Butte County Department of Development Services a ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 to Page 1 I of 32 0 Example #4 The following note shall be placed on any future parcel or subdivision map, and any building permit site plan, on the project site: "A 50 foot wide "No Development Area" encompassing the riparian area along the Miocene Canal. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "No construction (including septic tanks, leachfields, structures, fences, or dumping (including fill material), or vegetation removal and/or excavation shall occur within the `No Disturbance Area' as depicted. Limited vegetation removal necessary for flood and fire control is permissible within the `No Disturbance — Area'; however, all living and thriving native trees shall be retained and all vegetation removal shall be approved by the Department of' Fish and Game prior to removal." Example #5 The following note shall be placed on any future parcel or subdivision map, and any building permit site plan, on the project site: "Should grading activities reveal the presence of cultural resources (i.e.., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the find and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, mitigation for effects of the .subdivision is most appropriately addressed as part of the future subdivision process, not the current General Plan amendrnent and re-70ne. 4.6 GEOLOGIC PROCESSES: o Butte County Department of Development Services a ■ Initial Study— Verney Chun GPA07-0002 & REZ07-0001 s Page 12 of'32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Expose people or, structures to potential substantial advetse effects, including the risk of loss, injury, or death involving: . Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the X State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic -related ground failure, including X liquefaction? 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, X and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? o Butte County Department of Development Services a ■ Initial Study— Verney Chun GPA07-0002 & REZ07-0001 s Page 12 of'32 ■ Impact Discussion: The Seismic Safety Element of the Butte County General Plan (1977) notes that all of Butte County is in Moderate Earthquake Intensity Zone VIII (although local intensities could vary from Zone VII to Zone IX (California Division of Mines and Geology, 1995). The site is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault along which, on August 1, 1975, a Richter magnitude 5.7 Oroville earthquake resulted in approximately 2.2 miles of ground rupture along the western flank of the Cleveland Hills fault. While the eastern border of the project site is, at its closest, approximately 7,700 feet west of the Cleveland Hills fault, it is not within the surrounding Alquist-Priolo special studies zone as identified by Butte County GIS data from the California Department of Mines and Geology (1995). There are also several infetred faults to the east and west. Like much of California, the project site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings and other improvements will be designed and installed in accordance with Uniform Building Code requirements. Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings, pipes, light poles, roadways, and other improvements would be designed and installed in accordance with Uniform Building requirements. Because the project site appears to be located such that the probability of significant groundshaking is low, and because the future structures on the project site would be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard Zone, potential geologic impacts would be less than significant The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a low potential for liquefaction The impact would be less than significant. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is a moderate potential for landslides in this area. The lack of steep slopes on the project site and on the surrounding parcels would not put the project site at risk of a landslide. Grading standards required to be met for the issuance of a building permit would reduce any potential impact. The soil erosion potential for the project site is moderate, according to Butte County General Plan GIS data. The soils on the project site — compacted excavated material - are not prone to soil erosion. The project site contains very gentle slopes that generally would not be at risk of significant erosion. Large amounts of grading associated with future residential development on the site are not expected due to the gentle slopes on the site and due to the low density of development. Additionally, the use of standard construction techniques would prevent any significant erosion occurring from the site. The Conservation Element's Expansive Soils Map indicates that there is a high expansive soil potential on the project site. As of'January 1, 2008 and per CBC 1802.2.7, the Butte County Building Division requires soil tests prior to issuance of a building permit to determine the site soils' particular expansive potential, and will ensure that the foundations of all new structures are designed to adequately perform according to the shrink/swell characteristics determined for the building site. Development enabled by the project would thus have a less than significant impact with regards to risks to life and property due to expansive soils. ■ Butte County Department of Development Services ■ to Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ra Page 13 of 32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant impact Under Impact with Impact Previous Mitigation Document Incorporated d. Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994), creating X substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal X system where sewers are not available for the disposal or waste water? Impact Discussion: The Seismic Safety Element of the Butte County General Plan (1977) notes that all of Butte County is in Moderate Earthquake Intensity Zone VIII (although local intensities could vary from Zone VII to Zone IX (California Division of Mines and Geology, 1995). The site is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault along which, on August 1, 1975, a Richter magnitude 5.7 Oroville earthquake resulted in approximately 2.2 miles of ground rupture along the western flank of the Cleveland Hills fault. While the eastern border of the project site is, at its closest, approximately 7,700 feet west of the Cleveland Hills fault, it is not within the surrounding Alquist-Priolo special studies zone as identified by Butte County GIS data from the California Department of Mines and Geology (1995). There are also several infetred faults to the east and west. Like much of California, the project site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings and other improvements will be designed and installed in accordance with Uniform Building Code requirements. Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings, pipes, light poles, roadways, and other improvements would be designed and installed in accordance with Uniform Building requirements. Because the project site appears to be located such that the probability of significant groundshaking is low, and because the future structures on the project site would be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard Zone, potential geologic impacts would be less than significant The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a low potential for liquefaction The impact would be less than significant. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is a moderate potential for landslides in this area. The lack of steep slopes on the project site and on the surrounding parcels would not put the project site at risk of a landslide. Grading standards required to be met for the issuance of a building permit would reduce any potential impact. The soil erosion potential for the project site is moderate, according to Butte County General Plan GIS data. The soils on the project site — compacted excavated material - are not prone to soil erosion. The project site contains very gentle slopes that generally would not be at risk of significant erosion. Large amounts of grading associated with future residential development on the site are not expected due to the gentle slopes on the site and due to the low density of development. Additionally, the use of standard construction techniques would prevent any significant erosion occurring from the site. The Conservation Element's Expansive Soils Map indicates that there is a high expansive soil potential on the project site. As of'January 1, 2008 and per CBC 1802.2.7, the Butte County Building Division requires soil tests prior to issuance of a building permit to determine the site soils' particular expansive potential, and will ensure that the foundations of all new structures are designed to adequately perform according to the shrink/swell characteristics determined for the building site. Development enabled by the project would thus have a less than significant impact with regards to risks to life and property due to expansive soils. ■ Butte County Department of Development Services ■ to Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ra Page 13 of 32 ■ Sewage disposal for future dwellings on the site would be handled by individual, on-site septic systems. The Environmental Health Department has determined that soils on the project site may not be adequate for multiple septic systems due to the poor quality of soil. Future land divisions on the project site would require that adequate soil meeting the sewage disposal requirements of'Appendix VII of the Butte County Improvement Standards be proven to exist on all proposed parcels. This may require soil tests. Five acre parcels are generally large enough to contain a septic system, replacement leachfield area, and a well. However, in this instance five acre parcel may not suffice. The Butte County Environmental Health Division, prior to the submittal of a parcel/subdivision map on the project site, may require necessary soil testing to prove that there is adequate soil on each proposed parcel. Alternatively, parcel sizes may need to be increased in order to meet Appendix VII requirements. All new septic systems on the project site must be installed under permit from the Butte County Environmental Health Division. Mitigation Measure: None required. 4.7 HAZARDS AND HAZARDOUS MATERIALS: Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significnnt Significnnt Impact Under Impact with Impact Previous -litigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or X disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and X accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 6596.2.5 and, as a result, X would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the X project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people X residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency X evacuationplan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including X where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Impact Discussion: The project site is not located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 (Cortese List) and is not near any listed sites or sites known a Butte County Department of Development Services n a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 14 of 32 is or suspected to contain hazardous materials. The project does not involve the use of hazardous materials and would not create any hazardous materials. No impact is anticipated. The property is not located within the vicinity of an airport, airport land -use plan, or private airstrip, and does not interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated. The project is located within a State Responsibility Area for wildland fires and construction of homes in this area makes fighting wildland fires more difficult because fire resources must protect structures before wildlands. The nearest staffed fire station is Station # 63 (CDF staffed) located approximately 1.8 miles to the west at Neal Road and County Center Drive The CalFire/Butte County Fire Department reviewed the project and did not have any specific recommendation with regard to the general plan or rezone request. Future residential development on the project site requires that State and County Fire Safe regulations be followed. Mitigation Measure: None Required 4.8 HYDROLOGY AND WATER QUALITY: o Butte County Department of Development Services ■ m Initial Study — Verney Chun GPA07-0002 & REZ07-0001 m Page 15 of 32 a Potentially Less Than Gess Than No Reviewed Would the proposal: significant Significant significant Impact Under Impnet with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge X requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production X rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been ted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course X of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or X amount of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage X systems or provide substantial additional sources of polluted runoff? E Otherwise substantially degrade waterquality? X g. Place housing within a 100 -year flood hazard area as mapped by Federal Flood Hazard Boundary, Flood X Insurance Rate Map, or other flood hazard delineation map? Ir. Place within a 100 -year flood hazard area structures X which would impede or redirect flood flows? o Butte County Department of Development Services ■ m Initial Study — Verney Chun GPA07-0002 & REZ07-0001 m Page 15 of 32 a Impact Discussion: Domestic water for future residential development on the site would be obtained from wells. The project is not expected to result in a significant reduction in ground water supplies in the project area. Future residential development on the project site would ultimately result in the creation of new impervious surfaces, such as dwellings, accessory structures, and driveways. While the amount of impervious surface area relative to 5+ acre parcels is generally small and the amount of runoff is expected to be minimal, future land divisions on the site may require that a storm water drainage plan be approved by the Public Works Department. Additionally, a Construction Storm Water Permit will be required by the State Water Resources Control Board if' any development on the site results in a disturbance (including clearing, excavation, filling, and grading) of one or- more rmore acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. Development of the project site with six 5+ acre parcels may not trigger the need for the Storm Water Permit. There are no natural drainages on the project site. The Miocene Canal is located on the site, No impacts are expected to occur to the Canal because of the future setback requirement provided by Example #2 in Section 4.4. The project site is not located within a 100 -year flood zone or 500 -year flood zone as shown on Butte County GIS maps, which are based on Federal Emergency Management Agency Flood Insurance Rate Map 06007C -0795-C, . dated June 8, 1998. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact would occur with respect to these natural hazards. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: See Example #2 (Section 4.4) Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the fitture subdivision process, not the current General Plan amendment and rezone 4.9 LAND USE: Potentinlly Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impnct Under Impnct with Impact Previous Mitigation Document Incorporated i. Expose people or structures to a significant risk or loss, I F771 injury, or death involving flooding, including flooding as X a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X Impact Discussion: Domestic water for future residential development on the site would be obtained from wells. The project is not expected to result in a significant reduction in ground water supplies in the project area. Future residential development on the project site would ultimately result in the creation of new impervious surfaces, such as dwellings, accessory structures, and driveways. While the amount of impervious surface area relative to 5+ acre parcels is generally small and the amount of runoff is expected to be minimal, future land divisions on the site may require that a storm water drainage plan be approved by the Public Works Department. Additionally, a Construction Storm Water Permit will be required by the State Water Resources Control Board if' any development on the site results in a disturbance (including clearing, excavation, filling, and grading) of one or- more rmore acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. Development of the project site with six 5+ acre parcels may not trigger the need for the Storm Water Permit. There are no natural drainages on the project site. The Miocene Canal is located on the site, No impacts are expected to occur to the Canal because of the future setback requirement provided by Example #2 in Section 4.4. The project site is not located within a 100 -year flood zone or 500 -year flood zone as shown on Butte County GIS maps, which are based on Federal Emergency Management Agency Flood Insurance Rate Map 06007C -0795-C, . dated June 8, 1998. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact would occur with respect to these natural hazards. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: See Example #2 (Section 4.4) Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the fitture subdivision process, not the current General Plan amendment and rezone 4.9 LAND USE: a Butte County Department of Development Services to a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ® Page 16 of 32 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significnnt Significnnt Impact Under Impact with Impact Previous Mitigntion Document Incorporated a. Physically divide an established community? I F771 a Butte County Department of Development Services to a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ® Page 16 of 32 Impact Discussion: The property is designated as Public (P) in the Butte County General Plan Land Use Element. The only consistent zone listed for this designation is P -Q (Public or Quasi Public). There are no conditionally consistent zones listed. There is no minimum parcel size. Permitted uses listed under the Public designation of the Land Use Element include large facilities owned and operated by government agencies such as government buildings, hospitals, recreation facilities, and fire stations. The rezone from PQ to AR -5 would result in the potential for the creation of six 5+ acre single family residential parcels, contingent upon useable septic areas being demonstrated for each parcel. The potential 5 -acre lots would be generally consistent with the other parcels in the area which range in size from 0.60 to 1.39 acres in residential use, and publically owned parcels ranging in size from 4.24 acres to 23 acres. The Agricultural -Residential General Plan land use designation states that a consistent parcel size is 20 acres or greater in size, but does allow for a parcel size of less than five acres if five conditionally consistent criteria can be met. These five criteria and a response to each one are: Compatible with neighboring agricultural activities.. The project site is not located in an intensive commercial agricultural area No commercial agricultural uses are established on any of the surrounding parcels The only agricultural rise in the project area is livestock grazing None of the adjoining parcels on the south, east and west have a General Plan land rise designation of Orchard and Field Crops or Grazing and Open Land However, a parcel situated north across the 2.i0 fool wide NPRR lime is designated as GO1• (Grazing and Open Land), and under a CL•CA contract The Butle County Agricultural Connnissioner's Office commented that this project would not have any significant impacts to agricultural operations jf intre development of the property adheres to the 300 foot agricrdhu a! setback consistent with Butte County Code Section 24-286 The project is not ecpected to create any impacts to agricultrn al activities 2. Evidence of adequate water and sewage disposal capacity. Domestic seater is proposed to be obtained froin individual wells Usable sewage disposal areas as required by Appendix 1111 of the Butte County Subdivision Ordinance have not been proved to exist on the proposed parcels. The soils on the project site nray not be adequate to support on-site selvage disposal s),sterns on five acre parcels Prior to approval of any furture subdivision nrap, useable septic areas must be proven to exist so as to service the frture lots Othenvise, Butte County Code world not allow the subdivision, and development would be limited to the one existing parcel. Availability of adequate fire protection facilities. The nearest staffed free station is Station # 63 (CDF.staffed) located approximately l.8 miles to the west at Neal Road and County Center Drive. .All new dwellings placed on the project .site would be required to have interior fire sprinkler .systems to help reduce impacts to fire protection services ra Butte County Department of Development Services to to initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 17 of 32 0 Potentially Less rhon Less Thaa No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated b. Conflict with an applicable land use plan, policy, or regulations of an agency widi.jurisdiction over the project (including, but not limited to, the general X plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation X tan or natural community conservation ptan? Impact Discussion: The property is designated as Public (P) in the Butte County General Plan Land Use Element. The only consistent zone listed for this designation is P -Q (Public or Quasi Public). There are no conditionally consistent zones listed. There is no minimum parcel size. Permitted uses listed under the Public designation of the Land Use Element include large facilities owned and operated by government agencies such as government buildings, hospitals, recreation facilities, and fire stations. The rezone from PQ to AR -5 would result in the potential for the creation of six 5+ acre single family residential parcels, contingent upon useable septic areas being demonstrated for each parcel. The potential 5 -acre lots would be generally consistent with the other parcels in the area which range in size from 0.60 to 1.39 acres in residential use, and publically owned parcels ranging in size from 4.24 acres to 23 acres. The Agricultural -Residential General Plan land use designation states that a consistent parcel size is 20 acres or greater in size, but does allow for a parcel size of less than five acres if five conditionally consistent criteria can be met. These five criteria and a response to each one are: Compatible with neighboring agricultural activities.. The project site is not located in an intensive commercial agricultural area No commercial agricultural uses are established on any of the surrounding parcels The only agricultural rise in the project area is livestock grazing None of the adjoining parcels on the south, east and west have a General Plan land rise designation of Orchard and Field Crops or Grazing and Open Land However, a parcel situated north across the 2.i0 fool wide NPRR lime is designated as GO1• (Grazing and Open Land), and under a CL•CA contract The Butle County Agricultural Connnissioner's Office commented that this project would not have any significant impacts to agricultural operations jf intre development of the property adheres to the 300 foot agricrdhu a! setback consistent with Butte County Code Section 24-286 The project is not ecpected to create any impacts to agricultrn al activities 2. Evidence of adequate water and sewage disposal capacity. Domestic seater is proposed to be obtained froin individual wells Usable sewage disposal areas as required by Appendix 1111 of the Butte County Subdivision Ordinance have not been proved to exist on the proposed parcels. The soils on the project site nray not be adequate to support on-site selvage disposal s),sterns on five acre parcels Prior to approval of any furture subdivision nrap, useable septic areas must be proven to exist so as to service the frture lots Othenvise, Butte County Code world not allow the subdivision, and development would be limited to the one existing parcel. Availability of adequate fire protection facilities. The nearest staffed free station is Station # 63 (CDF.staffed) located approximately l.8 miles to the west at Neal Road and County Center Drive. .All new dwellings placed on the project .site would be required to have interior fire sprinkler .systems to help reduce impacts to fire protection services ra Butte County Department of Development Services to to initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 17 of 32 0 4, Adequately maintained approved road access with sufficient capacity to service area. The project .site fronts on Cherokee Road, which is a public road Cherokee Road along the project site is of adequate width to provide for two-way traff c Cherokee Road is a through road, and connects to Table Motnrtain Road to the south (in the City of Oroville). A f tture parcel Wrap on the project •site that world create •six 5+ acre parcels has the potential to create approximately 24 vehicle trips per day, although it it expected the actual number ofvehicle trips would be less due to the rural location of the project site Reasonable accessibility to commercial services and schools. A K-8 school is located in the community of Thermalito, approximately two miles to the west of the project .site. High schools are located in Oroville within approximately 2 miles to the south of the project site School bits service is provided to these schools Full seivice general .stores are located in the City of Oroville. Based upon the above responses, the project can be considered to be conditionally consistent with the Agricultural Residential General Plan land use designation. The Agricultural Residential General Plan land use designation lists seven zoning factors that must be considered when determining the appropriate zoning district for a particular area. The zoning factors, along with staffs response, are: • Existing parcel sizes and residential densities Surrounding and nearby parcels range in size from 0.60 to 1.39 acres in residential use, and publically owned parcels ranging in size from 4.24 acres to 23 acres.. The requested AR -5 zone would be consistent With the surrounding and nearby parcel sizes and land uses a Slope The .site is essentially flat with an average slope of approximately /% The lack of steep .slopes on the site would not hinder residential development on the fttare parcels that ma}, be created on the project site as a result of this rezone project o Soil conditions and water availability The soils on the project site may not be adequate to support on-site sewage disposal systems on five acre parcels Prior to approval of arty frtture subdivision Wrap, useable septic areas must be proven to exist so as to service the future lots Othenvise, Butte County Code would not allow the subdivision, and development world be limited to the one existing parcel. The site does not contain any wetlands or vernal pools, and does not appear subject to high ground►vater levels Domestic water for any frttnre dwellings on the site would be obtained from individual wells. e Effects on adjacent uses, crop production, livestock grazing, forestry, resources extraction, and wildlife habitat This rezone to AR -5 could result in the creation of six 5+ acre parcels, each of which could be developed with a single family dwelling unit, upon approval a subdivision or parcel Wrap No agricultural uses, other than some cattle grazing, are found on the surrounding parcels No mineral resources are extracted from airy of the srt►•►•ortndiing parcels. The project site does not contain any critical animal habitat e Proximity to public roads and other public facilities. o Butte County Department of Development Services a ra Initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 18 of 32 ■ The project .site fronts ort Cherokee Road, which is a public road A K-8 public school is located in the community of Thermalito, approximately 2 miles froin tine project site A post office is located in nearby Oroville City and County government facilities and services are located in nearby Oroville • Distance from airports, railroads and industrial uses. Oroville Airport is located four miles to the .southwest No public railroad .services are available, however the Union Pacific Rail Road (UPRR) main line runs approximately 60 feet below grade along the north property line of the project site, and industrial rises are located in the Oroville area. These of rises world not have any impact to future residents on the project site e Existing utilities, walkways and drainage facilities. Electrical and telephone lines are located ori Cherokee Road and can easily be extended to the project .site. Piped natural gas .service is not available in the project site area Water would be provided by private wells. Drainage facilities in the area are limited and generally not needed due to the low density of development in the project area Storvrnvaier runoff front parcels in the project area is normally directed into natural drainages a Potential for surface cracking, landslides, and erosion Surface cracking, usually caused by expansive soils, is not a problem in the project at -ea. The project site is not prone to landslides because it does not contain any slopes The •soils ori the site are excavated inaterial and not generally prone to erosion. e Effect on noise, traffic flow and safety, water quality, wildlife habitat and general environmental quality This rezone to AR -5 could result in the creation of six 5+ acre parcels, each of which could be developed with a single, family dwelling unit. The resulting residential rises would result in a minor increase in noise in the project area, but this increase would not be .significant and would be compatible with the other residential uses it? the project area The increase in vehicular traffic would be minor, adding approximately 24 additional vehicular trips to the roads in the area The roads in the project area have the capacity to handle the minor increase in traffic generated by the project The approval of a future subdivision or parcel snap on the site, consistent with Butte County Code, would have .significantly less impacts than the uses permitted in the P -O zone e Local desires Due to its rural nature of the area, but .short drive to Oroville, the area is very desirable and faces increasing pressure for additional residential development New subdivisions have recently be constructed south across the Thermalito Power Canal, in the City of Oroville. At this time the "local desire" regarding this rezone project is not known This rezone project requires approval by both the Planning Commission and the Board of Supervisors, both of which will hold public hearings on this project The opportunity to present local desires will be provided at friture bearings. Public hearings woutld also be held for array friture land division ort the project site. C Potential for pest insect breeding This rezone project, and a .subsequent parcel crap to potentially create six 5+ acre residential parcels on the project .site, is not expected to create a potential for pest or insect breeding because residential rises typically do not include improvements that would be conducive to pest or insect breeding The property is not within a habitat conservation plan or natural community conservation plan because no such plan exists for the area. No impact would be incurred. m Butte County Department of Development Services m to Initial Study — Verney Chun GPA07-0002 & REZ07-0001 m Page 19 of 32 ■ Mitigation Measure: None required. 4.10 MINERAL RESOURCES: Impact Discussion: Oroville was started as a mining community during the middle of the 19'" Century, with most of the mines located to the north of the town. Gold was the primary mineral being mined. No large scale mining operations have occurred in the Oroville area for over 60 years, No mining operations occurred on the project site. The proposed General Plan and Rezone project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. A future subdivision or parcel created under this zoning would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required. 4.11 NOISE: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Result in the loss of availability of a known mineral resource that would be of value to the region and the X X residents of the state? b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local X X general plan, specific plan, or other land use plan? Impact Discussion: Oroville was started as a mining community during the middle of the 19'" Century, with most of the mines located to the north of the town. Gold was the primary mineral being mined. No large scale mining operations have occurred in the Oroville area for over 60 years, No mining operations occurred on the project site. The proposed General Plan and Rezone project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. A future subdivision or parcel created under this zoning would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required. 4.11 NOISE: m Butte County Department of Development Services ■ m Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 20 of 32 ■ Potentiaily Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan X or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive X ground borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing X without theproject? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above X levels existing without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, X would the project expose people residing or working in the project area to excessive noise levels? L For a project within the vicinity of a private airstrip, X would the project expose people residing or working m Butte County Department of Development Services ■ m Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 20 of 32 ■ Impact Discussion: Noise is usually defined as unwanted sound. It is an undesirable by-product of society's normal day-to-day activities. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health. The definition of noise as unwanted sound implies that it has an adverse effect on people and their environment. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). Noise sources occur in two forms: (1) point sources, such as stationary equipment, loudspeakers, or individual motor vehicles; and (.2) line sources, such as a roadway with a large number of point sources (motor vehicles). Sound generated by a point source typically diminishes (attenuates) at a rate of 6.0 dB(A) for each doubling of distance from the source to the receptor at acoustically "hard" sites and 7.5 dB(A) at acoustically "soft" sites. For example, a 60-dB(A) noise level measured at 50 feet from a point source at an acoustically hard site would be 54 dB(A) at 100 feet from the source and 48 dB(A) at 200 feet from the source. Sound generated by a line source typically attenuates at a rate of 3.0 dB(A) and 4.5 dB(A) per doubling of distance from the source to the receptor for hard and soft sites, respectively. Sound levels can also be attenuated by man-made or natural barriers. Sensitive receptors are facilities where sensitive receptor- population groups (children, the elderly, the acutely ill and the chronically ill) are likely to be located. These land uses include residences, schools, playgrounds, child care centers, retirement homes, convalescent homes, hospitals and medical clinics. Noise -sensitive receptors in the project area include dwellings that are adjacent to the project site. The project site is located in a rural residential area with generally low noise levels and is not subject to any significant continuous noise. Noise from train travel on the UPRR is periodic and muffled by the tracks being below grade. Vehicular traffic noise and noise from residential uses are the dominant sources of noise in the vicinity of, the project site. Uses associated with this project, or any future subdivision or parcel map, would not create a significant increase in ambient noise levels within or in proximity to the project site. Noise from the project would be compatible with the existing noise environment which is dominated by rural residential uses and vehicle traffic similar to that anticipated from this project. The Butte County General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL• for construction activities. Given the rural nature of the project site and distance to other existing residential structures, the impact of construction noise will be less than significant on nearby residences. To help reduce noise related impacts to the nearby residents, a condition will be added to the Parcel Map that limits construction activities between the hours of 6:00 a.m. and 7:00 p.m., Monday through Saturday. No construction activity would be allowed on Sundays and holidays. The conditions would also require that the developer designate one person to act as a disturbance coordinator to handle any noise -related complaints. Because of the relatively small increment of traffic added to the local roadways, the project would not significantly affect future traffic noise levels. The project is not located in the vicinity of an airstrip or within an airport land use plan. No impact would occur This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: o Butte County Department of Development Services to a Initial Study — Verney Chun GPA07-0002 & RE.Z07-0001 ■ Page 21 of 32 to Potentially Less Than Less Thnn No Reviewed Would the proposal: Significant Significant significant Impact Under Impact with Impact Previous Mitigation Document Incorporated in the project area to excessive noise levels? Impact Discussion: Noise is usually defined as unwanted sound. It is an undesirable by-product of society's normal day-to-day activities. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health. The definition of noise as unwanted sound implies that it has an adverse effect on people and their environment. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). Noise sources occur in two forms: (1) point sources, such as stationary equipment, loudspeakers, or individual motor vehicles; and (.2) line sources, such as a roadway with a large number of point sources (motor vehicles). Sound generated by a point source typically diminishes (attenuates) at a rate of 6.0 dB(A) for each doubling of distance from the source to the receptor at acoustically "hard" sites and 7.5 dB(A) at acoustically "soft" sites. For example, a 60-dB(A) noise level measured at 50 feet from a point source at an acoustically hard site would be 54 dB(A) at 100 feet from the source and 48 dB(A) at 200 feet from the source. Sound generated by a line source typically attenuates at a rate of 3.0 dB(A) and 4.5 dB(A) per doubling of distance from the source to the receptor for hard and soft sites, respectively. Sound levels can also be attenuated by man-made or natural barriers. Sensitive receptors are facilities where sensitive receptor- population groups (children, the elderly, the acutely ill and the chronically ill) are likely to be located. These land uses include residences, schools, playgrounds, child care centers, retirement homes, convalescent homes, hospitals and medical clinics. Noise -sensitive receptors in the project area include dwellings that are adjacent to the project site. The project site is located in a rural residential area with generally low noise levels and is not subject to any significant continuous noise. Noise from train travel on the UPRR is periodic and muffled by the tracks being below grade. Vehicular traffic noise and noise from residential uses are the dominant sources of noise in the vicinity of, the project site. Uses associated with this project, or any future subdivision or parcel map, would not create a significant increase in ambient noise levels within or in proximity to the project site. Noise from the project would be compatible with the existing noise environment which is dominated by rural residential uses and vehicle traffic similar to that anticipated from this project. The Butte County General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL• for construction activities. Given the rural nature of the project site and distance to other existing residential structures, the impact of construction noise will be less than significant on nearby residences. To help reduce noise related impacts to the nearby residents, a condition will be added to the Parcel Map that limits construction activities between the hours of 6:00 a.m. and 7:00 p.m., Monday through Saturday. No construction activity would be allowed on Sundays and holidays. The conditions would also require that the developer designate one person to act as a disturbance coordinator to handle any noise -related complaints. Because of the relatively small increment of traffic added to the local roadways, the project would not significantly affect future traffic noise levels. The project is not located in the vicinity of an airstrip or within an airport land use plan. No impact would occur This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: o Butte County Department of Development Services to a Initial Study — Verney Chun GPA07-0002 & RE.Z07-0001 ■ Page 21 of 32 to Example # 5: The following note shall be placed on any future parcel or subdivision map, and any building permit site plan, on the project site: "To reduce construction -generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: I. Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel engine -driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction." Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the future subdivision process, not the current General Plan anrendnrent and rezone 4.12 HOUSING: Impact Discussion: Butte County population has grown at a rate at or below official population projections for the past 10 years. Projected population for 2000 was 207,159, while the actual census population was 203,171 The growth rate for Butte County between the 1990 and 2000 was 11.6%, or 1.1% per year. The proposed rezone would result in the potential for six parcels on the project site (a net increase of four parcels), each of which could be developed with a single family dwelling unit. Thus, the project has the potential to add an estimated 14 people to Butte County (6 dwelling units x 2.414 persons/unit — assuming all occupants are new residents to Butte County). This is not considered a significant amount and is consistent with the estimated 2% annual growth rate for the County. The project would not significantly affect the population of the area because the proposed density is consistent with most of the surrounding area. The project would not displace individuals or housing. No impact would occur. Mitigation Measure: None required s Butte County Department of Development Services s s Initial Study — Verney Chun GPA07-0002 & REZ07-0001 s Page 22 of 32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significnnt significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and X businesses) or indirectly (for example, through extension of roads or other infrastructure? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people, necessitating X the construction of replacement housing elsewhere? Impact Discussion: Butte County population has grown at a rate at or below official population projections for the past 10 years. Projected population for 2000 was 207,159, while the actual census population was 203,171 The growth rate for Butte County between the 1990 and 2000 was 11.6%, or 1.1% per year. The proposed rezone would result in the potential for six parcels on the project site (a net increase of four parcels), each of which could be developed with a single family dwelling unit. Thus, the project has the potential to add an estimated 14 people to Butte County (6 dwelling units x 2.414 persons/unit — assuming all occupants are new residents to Butte County). This is not considered a significant amount and is consistent with the estimated 2% annual growth rate for the County. The project would not significantly affect the population of the area because the proposed density is consistent with most of the surrounding area. The project would not displace individuals or housing. No impact would occur. Mitigation Measure: None required s Butte County Department of Development Services s s Initial Study — Verney Chun GPA07-0002 & REZ07-0001 s Page 22 of 32 ■ 4.13 PUBLIC SERVICES: Impact Discussion: The project site is located in an area designated as having a high to very high fire hazard according to GIS data from the California Division of Forestry. This rezone project has the potential to create six residential parcels (a net increase of four parcels), which would result in an incremental increase in demand for fire protection services. The CalFire/Butte County Fire Department states that cumulative development in rural areas would impact their ability to provide fire protection services_ This agency states that the installation of automatic fire suppression sprinkler systems in residential structures, the use of fire resistant building materials and the availability of water supply systems would reduce the demand for fire protection services. As a mitigation for any future land divisions on the project site, all new residential structures on the site are required to be equipped with an automatic fire suppression sprinkler system unless the parcel is connected to a pressurized community water system. The interior fire sprinkler system helps keep a house fire from spreading rapidly, The interior fire sprinkler system is also a life-saving measure, which provides residents additional time to escape from a burning house. The nearest fire hydrant is located approximately 1,200 feet to the northeast of the site (on the north side of Forbestown Road). This rezone project has the potential to create six residential parcels (a net increase of four parcels), which would result in an incremental increase in demand for police protection services. The Butte County Sheriff's Office provides law enforcement service to the Forbestown area. The cumulative impacts of increased residential development in the County impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. Butte County Code requires that Sheriffs facilities fees be paid prior to issuance of a building permit for a dwelling unit placed on the project site. The current Sheriffs impact fee for a dwelling unit is $360.00. A note to this effect is required to be placed on any parcel or subdivision map on the project site. With the payment of the Sheriff's impact fees the impacts to police protection services would be reduced to a less than significant level. The proposal would result in an incremental demand for school facilities in the area. The project site is located in the Oroville Union School District and the Thermalito Union School District, and the nearest school is the Nelson Avenue Elementary School (grades K-8), located approximately 2 miles to the west of the project site. Oroville High school is located in the City of Oroville and school bus service is available in the project area. The project could result in an incremental increase in demand for school facilities in the Palermo Union Elementary and Oroville Union High School Districts. A development impact fee for school facilities must be paid prior to issuance of building permits with fees determined according to the square footage of a dwelling's living area. While school districts maintain that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees or mitigation by state legislation. The project would result in the potential development of three dwellings, which would not create significant impacts to area parks and facilities. is Butte County Department of Development Services to Ill Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 23 of 32 s Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Siguificnnt Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities, the construction of which X could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X E Other public services? X Impact Discussion: The project site is located in an area designated as having a high to very high fire hazard according to GIS data from the California Division of Forestry. This rezone project has the potential to create six residential parcels (a net increase of four parcels), which would result in an incremental increase in demand for fire protection services. The CalFire/Butte County Fire Department states that cumulative development in rural areas would impact their ability to provide fire protection services_ This agency states that the installation of automatic fire suppression sprinkler systems in residential structures, the use of fire resistant building materials and the availability of water supply systems would reduce the demand for fire protection services. As a mitigation for any future land divisions on the project site, all new residential structures on the site are required to be equipped with an automatic fire suppression sprinkler system unless the parcel is connected to a pressurized community water system. The interior fire sprinkler system helps keep a house fire from spreading rapidly, The interior fire sprinkler system is also a life-saving measure, which provides residents additional time to escape from a burning house. The nearest fire hydrant is located approximately 1,200 feet to the northeast of the site (on the north side of Forbestown Road). This rezone project has the potential to create six residential parcels (a net increase of four parcels), which would result in an incremental increase in demand for police protection services. The Butte County Sheriff's Office provides law enforcement service to the Forbestown area. The cumulative impacts of increased residential development in the County impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. Butte County Code requires that Sheriffs facilities fees be paid prior to issuance of a building permit for a dwelling unit placed on the project site. The current Sheriffs impact fee for a dwelling unit is $360.00. A note to this effect is required to be placed on any parcel or subdivision map on the project site. With the payment of the Sheriff's impact fees the impacts to police protection services would be reduced to a less than significant level. The proposal would result in an incremental demand for school facilities in the area. The project site is located in the Oroville Union School District and the Thermalito Union School District, and the nearest school is the Nelson Avenue Elementary School (grades K-8), located approximately 2 miles to the west of the project site. Oroville High school is located in the City of Oroville and school bus service is available in the project area. The project could result in an incremental increase in demand for school facilities in the Palermo Union Elementary and Oroville Union High School Districts. A development impact fee for school facilities must be paid prior to issuance of building permits with fees determined according to the square footage of a dwelling's living area. While school districts maintain that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees or mitigation by state legislation. The project would result in the potential development of three dwellings, which would not create significant impacts to area parks and facilities. is Butte County Department of Development Services to Ill Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 23 of 32 s A less than significant impact is anticipated to other public services. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: Examole # 6: The following note shall be placed on any future parcel or subdivision map, and any building permit site plan, on the project site: "Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water system, with hydrants that meet Fire Department specifications, serves the parcels." Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, rrritigation for effects of the subdivision is most appropriately addressed as part of the future subdivision process, not the current General Alan amendment and rezone. 4.14 RECRIJATION: Impact Discussion: The project site is located within the Feather River Recreation and Park District. No public or private recreational facilities are location on or near the project site. The site is located near the Thermalito Forbay Lake and park, the Feather River recreation area, where numerous recreation opportunities can be found. No recreation facilities are proposed as part of this project. This rezone project, which could result in up to six parcels on the project site, is not expected to have a significant impact on any existing recreational facilities. Mitigation Measure: None required. a Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 24 of 32 a Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such X that substantial physical deterioration of the facility would occur or- be accelerated? b. include recreational facilities or require the construction or expansion of recreational facilities X which might have an adverse physical effect on the environment? Impact Discussion: The project site is located within the Feather River Recreation and Park District. No public or private recreational facilities are location on or near the project site. The site is located near the Thermalito Forbay Lake and park, the Feather River recreation area, where numerous recreation opportunities can be found. No recreation facilities are proposed as part of this project. This rezone project, which could result in up to six parcels on the project site, is not expected to have a significant impact on any existing recreational facilities. Mitigation Measure: None required. a Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 24 of 32 a 4.15 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Would the proposal: Impact with Impact Impact Previous Impact Mitigation Impact Document Incorporated Document a. Cause an increase in traffic which is substantial in Incorporated relation to the existing traffic load and capacity of the X street system (i.e., result in a substantial increase in X either the number of vehicle trips, the volume to capacity ratio on toads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in X location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or X incompatible uses (e.., farm equipment)? e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X g. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus X turnouts, bicycle racks)? Impact Discussion: The project site fronts on Cherokee Road, which is a public road, and is of adequate width to provide for two-way traffic. Cherokee Road along the project site carries only local traffic and has a low vehicle count The proposed rezone has the potential to create six parcels for residential use, each of which would generate approximately 9.55 vehicle trips per day (Institute of Traffic Engineers Trip Generation Mannan, although dwellings in rural areas typically generate less than 9.55 vehicle trips per day. Based upon these estimates, the six parcels could generate approximately 57 vehicle trips per day. There is adequate sight vision of Forbestown Road from the project site. Butte County Code Section .24-240 (b) requires two off-street spaces per dwelling. The future six 5+acre parcels that would be allowed by the proposed AR -5 zone would have sufficient area to meet this requirement. This proposed rezone would not conflict with accepted policies, plans or programs supporting alternative transportation Mitigation Measure: None required. 4.16 UTILITIES AND SERVICE SYSTEMS: n Butte County Department of Development Services le ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 25 of 32 a Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact will] Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? n Butte County Department of Development Services le ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 25 of 32 a Would the proposal: Potentially Significnnt Less Than Significant Less Than Signiricant No Impact Reviewed Under Impact with Impnct Previous Mitigation Document Incorporntcd b. Require or result in the construction of new water or wastewater treatment facilities or expansion of X existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing X facilities, the construction of'which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and X resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the X project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste X disposal needs? g. Comply with federal, state, and local statutes, and X regulations related to solid waste? Impact Discussion: The proposed project would include individual septic systems for sewage disposal. The project would not have an impact on any wastewater treatment facilities because individual septic systems would be utilized Domestic water would be obtained from individual wells. - Some on and off-site storm water drainage improvements may be required due to development of the project site. No significant environmental impacts would be anticipated because drainage improvements do not appear to be extensive. The Butte County Public Works Department would determine the need for on and off-site storm water facilities and would ensure the necessary improvements are installed when a proposal to divide the property is received. Future land division(s) on the project site to create the six parcels allowed by this rezone project would increase the stream of waste being deposited in the Neal Road Landfill by a minor amount. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste with the incorporation of mitigation measures specified below Mitigation Measure: None required. s Butte County Department of Development Services e c initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 26 of 32 ■ 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (SECTION 15065): The project has.no potential to contribute impacts that are either individually limited, or cumulatively considerable, with respect to Initial Study Checklist Items Cumulative Impact Analysis An examination of'properties within 3,500 feet of the project site finds that there are no projects that are either in the process of'being, or anticipated to be, further subdivide. Therefore, cumulative projects have been determined not to be cumulatively considerable 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the fittxre subdivision process, not the current General Plan amendment and rezone a Butte County Department of Development Services a s Initial Study — Verney Chun GPA07-0003 & REZ07-0001 s Page 27 of 32 e Potcntinlly Less Than less Then No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with impact Previous !litigation Document Incorporated a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal X community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection X with the effects of past projects, the effects of other current projects and the effects ofprobable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human X beings, either directly or indirectly? The project has.no potential to contribute impacts that are either individually limited, or cumulatively considerable, with respect to Initial Study Checklist Items Cumulative Impact Analysis An examination of'properties within 3,500 feet of the project site finds that there are no projects that are either in the process of'being, or anticipated to be, further subdivide. Therefore, cumulative projects have been determined not to be cumulatively considerable 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the fittxre subdivision process, not the current General Plan amendment and rezone a Butte County Department of Development Services a s Initial Study — Verney Chun GPA07-0003 & REZ07-0001 s Page 27 of 32 e 6.0 ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 2, Butte County Planning Department. Archaeological Sensitivity MaQ Oroville, CA: James P. Manning, 1983. 3. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 4. Butte County Planning Department.. Butte County GIS Data. Oroville, CA: November 2001. 5, Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Environmental Checklist Form. Evaluation of Environmental Impact. File Number 93-15. Oroville, CA: February 8, 1993. 7. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 9, Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 10. Butte County Planning Department. Natural Fire Hazard Classes Map 1114, Safety Element. Oroville, CA: C142M Hill, 1977. IL Butte County Planning Department. Noise Element Map IV -i, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 12, Butte County Planning Department. Notice of Determination, Rezone 93-15, John Mcglau hlin. Filed with State Clearinghouse, Office of Planning and Research July 13, 1993. 13. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977.. 14. Butte County Planning Department. School District Mao. Oroville, CA. 15. Butte County Planning Department Subsidence and Landslide Potential Man 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 16. California Department of Transportation, Traffic Operations Division. 2000 All Traffic Volumes on California State Highway System. 2001 17 California Department of Transportation, Traffic Operations Division. 1998 Truck Volumes on California State Highway System. 1998. 18. California Department of Transportation, Traffic Operations Division. 1998 All Traffic Volumes on California State Highway System. 1998 19. National Flood Insurance Program. Flood Insurance Rate Mans. Federal Emergency Management Agency 1989, 20. Northwestern District Department of Water Resources. Chico Nitrate Study Map. Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 21. USGS Quad Maps. 22. Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency, 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [X] Thermalito Irrigation District [ ] BCAG [X] NOAA Fisheries [X] LAFCo [X] Assessor [ ] Development Services [ ] Chico Unified School District [X] Air Quality Management District [ ] City of Chico [ ] Sheriff [ ] City of Gridley [X] City of Oroville [ ] Town of Paradise [X] CA Department of Forestry [ ] Caltrans (Traffic) [ ] CA Central Reg. Water Quality [ ] Department of Conservation [X] CA Dept. of Fish and Game [ ] Highway. Patrol [ ] Army Corps of Engineers [X] U.S. Fish & Wldlife Service [X] Agricultural Commissioner [ ] Butte Co. Farm Bureau [ ] South Yuba Water Company [X] Feather River Recreation Dist. [ ] EI Medio Fire Department [X] Oroville Union School Dist [ ] LOAPUD [ ] PG&E [ ] Pacific Bell [ ] Thermalito School District m Butte County Department of Development Services a ■ Initial Study - Verney Chun GPA07-0002 & REZ07-0001 m Page 28 of 32 to 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: Me have reviewed the Initial Study. for the Verney Chun General Plan Amendment and Rezone (APN # 031-060-054 & 031-070-084) applications. Ywe hereby modify the applications on Erle with the Butte County Planning Department to include and incorporate all rniti ations set forth in this Initial Study. 1 4 d e3 'Project Sponsor -/Project Agent Date Project Sponsor/Project Agent GAPROJECTS\GPA\Chun GPA07-0002\Initial Study Chun GPA07-0002 & REZ07-0001 draR2 doc Date ■ Butte County Department of Development Services ■ e Initial Study — Verney Chun GPA07-0002 & REZ07-0001 m Page 29 of 32 ■ LOCATION MAP s Butte County Department of Development Services n m Initial Study — Verney Chun GPA07-0002 & REZ07-0001 m Page 30 of 32 n ARIAL VIEW OF PROPERTY o Butte County Department of Development Services o Initial Study — Verney Chun GPA07-0002 & REZ07-0001 s Page 31 of 32 ia =T TE Cf ST -TE 1_'F )17 UWA U'S r:11 Lwal-A— _j <74E if ­UFi*A%1-' 81 . . . . . . . . 01 r. "iL v'qr" ;-f E _Z' ILL t -T -TE '-F rA rVri- f: SITE PLAN m Butte County Department of Development Services a w Initial Study — Verney Chun GPA07-0002 & REZ07-0001 w Page 32 of 32 0 DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED NEGATIVE DECLARATION FOR GPA07-0002 & REZ07-0001 (Verney Chun of Tidewatchers Associates) Modifications have been made to this document after circulation to the State Clearinghouse. The modifications reflect a change in the proposed zoning ofAR-5 to a staff -recommended zoning of FR -20, which reduces the number of potential single family lots from sit to one. COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR GPA07-0002 & REZ07-0001 (Verney Chun of Tidewatchers Associates) 1.0 PROJECT INFORMATION A. Aiplicant/Owner: Verney Chun of Tidewatchers Associates B. Staff Contact: Carl Durling (530) 538-7150 C. Project Name: N/A D. Proiect Location: On the west side of Cherokee Road lying between Cherokee Road and the Union Pacific Rail Road tracks E. Type of Application(s): General Plan change (P to A -R) and a Rezone (PQ to AR -5) F. Assessor's Parcel Number: 031-060-054 & 031-070-084 G. Project Site Size: 30.1 Acres H. Current Zoning: PQ (Public Quasi -Public I. Proposed Zoning: FR -20 (Foothill Residential 20 -acre minimum) J. General Plan Designation: P (Public) K. Proposed General Plan Designation: AR (Agricultural Residential) L. Environmental Setting: The project site is located on the west side of Cherokee Road north of the Thermalito Power Canal (TPC) and abutting the Union Pacific Railroad line (UPRR). The area is known as Thompson Flat. The entire property was used to store the dirt generated by the digging of the Thermalito Power Canal and the UPRR rail line. A portion of the City of Oroville Corporation boundary extends north along the east side of Cherokee Road across the Thermalito Power Canal to within a few feet of the southeast corner of the property. The easterly portion of each parcel is bisected by the Lower Miocene ' Canal. The -canal crosses Cherokee Road and provides water to the California Water Service Company (CWSC) holding pond which serves water to the City of Oroville. The undeveloped site has gentle topography, with a slope of approximately 1%. The property forms a 15 foot bench paralleling, and setback 25 feet from, Cherokee Road. South Table Mountain is in clear view from the property. The elevation of the property is approximately 325 feet above sea level. Vegetation on the site includes scattered shrubs and scrub trees and grasses. No natural drainages occur on the site. The project site is not within a 100 -year flood zone, an earthquake zone, or an airport overflight zone. The property is not within the Sphere of Influence of the City of Oroville. An examination of properties within 2,500 feet of the project site finds that there are no projects that are either in the process of being, or anticipated to be, further subdivided. Therefore, cumulative projects have been determined not to be cumulatively considerable. M.. Surrounding Land Uses: Land uses consist of large vacant parcels on the south, east and west owned either by the State of California or by CWSC. There is a cluster of homes on properties on either side of Cherokee Road near the UPRR overcrossing. The entire north side of the property is bounded by the 250 ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 1 of 26 ■ foot wide, 30 to 80 foot deep, UPRR right-of-way. North across the UPRR property is a vacant parcel under public ownership, and one private parcel with a single family dwelling. Direction General Plan Designation Zoning Existing Land Use(s) North Grazing and Open Land/Public FR -40 and P UPRR, vacant public lands, one residence South Public P -Q State Lands and Thermalito Canal East Public P -Q State Lands West Public P -Q State Lands and UPRR below grade N. Project Description: This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to FR -20 (Foothill Residential 20 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone to FR -20, the rezone is consistent with the proposed General Plan designation of AR, and would allow one single family dwelling. A conditional zoning agreement is proposed to limit development to one single family home on the two existing lots, until such time as appropriate sewage disposal can be achieved consistent with County regulations. Sewage disposal for one future dwelling would be provided by an individual, on-site septic system. Domestic water would be provided by private wells. Access to the site would be from Cherokee Road, which is a public road. For the purposes of this initial study, the project is presumed to be composed of the General Plan Amendment and Rezoning, Modifications have been made to this initial study after circulation to the State Clearinghouse. The modifications reflect a change in the proposed zoning of AR -5 to a staff -recommended zoning of FR -20, which reduces the number of potential single family lots from six to one. The staff -recommended zoning is consistent with the proposed General Plan designation of AR (Agricultural Residential) and is evaluated herein. O. Public Agency Approvals: Butte County Planning Division Butte County Building Division Butte County Fire Department/CDF Butte County Environmental Health Division Butte County Public Works Department 2.0 DETERMINATION [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [ ] I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 2 of 26 ■ [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Carl Durling, Associate Planner Date Reviewed by: Stacey Jolliffe, Principle Planner Date 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [ ] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [ ] 4.3 Air Quality [ ] 4.4 Biological Resources [ ] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [ ] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use [ ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [ ] 4.17 Mandatory Findings of Significance B. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project -specific screening analysis.) 2) All answers must take account of the whole action involved including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 3 of 26 ■ 5) "Reviewed Under Previous Document." Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETIGVISUAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic X buildings within a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? X d. Create a new source of substantial light or glare which would adversely affect day or nighttime views X in the area? Impact Discussion: The project site is located on Cherokee Road, which is not designated as a State or County scenic highway (Butte County Scenic Highway Map). The south bluff of Table Mountain considered a significant scenic view and is visible from the site. This project would not significantly impact views of Table Mountain by residents of subdivisions within the City located south across the Canal because project homes would be at approximately the same elevation. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 4 of 26 ■ The project site consists of undeveloped property and is predominantly grass land with scattered shrubs and scrub trees. The proposed general plan and rezone to FR -20 would result in one single-family dwelling. Residential development on the site would introduce new visual elements, such as accessory structures, and lighting, which would change existing off-site views. The one home allowed by the GPA/REZ would not be readily visible to the traveling public on Cherokee Road because of the 15 to 20 foot elevation difference of the property and road elevations. This is a less than significant impact. The future home on the project site would have normal exterior household lighting. These lights are not expected to create any significant impacts due to the low density of the future project. Street lighting is not required. Residential development of the site would be consistent with surrounding and nearby parcels. No substantial conflicts with the established character or function of the surrounding community are anticipated. Construction of a typical residential home causes short-term visual consequences. Grading operations and construction activities create a visual impact, and construction debris, rubbish and trash can accumulate on construction sites and are unsightly if visible from public streets. The completion of the project improvements would eliminate the short-term visual impacts of the grading and construction operations. This is a less than significant impact. Mitigation Measure: None required. 4.2 AGRICULTURE RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the X California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X c. Involve other changes in the existing environment which, due to their location or nature, could result in X conversion of Farmland, to non-agricultural use? Impact Discussion: In June 2007 the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency issued the Important Farmlands Map for Butte County identifying Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Grazing land. This map also identifies approximately 42% of the land in the County as either: Agricultural Land Not Yet Classified, Urban and Built-up Land, Other Land, and Water. This map is based on a soil survey completed in 2006 and 2004 farmlands mapping data. The above referenced map indicates the subject property as "Grazing Land". This designation is described as: Land on which the existing vegetation is suited to the grazing of livestock. The minimum mapping unit is 40 acres. The minimum mapping unit for Grazing Land is 40 acres. The project site is currently designated P (Public) by the Butte County General Plan and is zoned P -Q (Quasi Public). This land use designation would allow as permitted uses public facilities such as a public hospital, county facility, and public schools. The requested FR -20 zoning also permits agricultural uses as accessory uses to the main dwelling. Soils on the project site have a Soil Conservation Service classification of Excavated Material, which are not prime agricultural soils and have limitations that make them generally adequate only for livestock grazing. The property is covered with extensive grass land, and is not currently used for cultivated crop production ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 5 of 26 ■ or livestock grazing, nor does it appear to have ever been utilized for agricultural uses. None of the adjacent land on the east, west and south is utilized for agriculture and the project site is not designated as Prime or Unique Farmland, or Farmland of Statewide Importance (California Resource Agency). One of the properties north across the 250 foot wide UPRR right-of-way is under a California Land Conservation Act agreement ("Williamson Act"). A 300 foot buffer is required. However, only 50 feet of this buffer actually encumbers the property along the UPRR. As a part of the processing of this project, comments were sought from the Butte County Agricultural Commissioner's office. The Agricultural Commissioner's office stated that the project would not have any impacts to agricultural lands or operations with enforcement of the buffer. The buffer is required by Butte County Code as part of any building permit for dwellings. The project would have no impact on agricultural resources. Mitigation Measure: None required. 4.3 Aut QUALITY: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the applicable air quality plan? X b. Violate any air quality standard or contribute substantially to an existing or projected air quality X violation. c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient X air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant concentrations? X e. Create objectionable odors affecting a substantial number of people? X Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "nonattainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the state standards for ozone and fine particulate matter (PM). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. Butte County and the project site are within the NSVAB. The region's air pollution management is guided by the Basin's 2003 Air Quality Attainment Plan and includes a number of feasible control measures. Butte County, under the auspices of the Butte County Air Quality Management District (BCAQMD), has adopted some, but not all, of these measures. Construction activities are also a source of organic gas emissions. Although construction -related sources are mobile and transient in nature, various diesel -powered vehicles and equipment are in use during construction. In this instance, however, health risks from construction -related diesel particulate would be less -than -significant because at most one dwelling could be developed at the project site, resulting in temporary building activities that would occur in a low density rural area. The Butte County Air Quality Management District (BCAQMD) released the CEQA Air Quality Handbook: Guidelines for Assessing Air Quality Impacts for projects subject to CEQA Review (CEQA Handbook), which was ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 6 of 26 ■ approved January 24, 2008. The document establishes thresholds of significance for projects based on project size and/or projected emissions. The thresholds were analyzed for conformance with CEQA Guidelines §15382. The districts four categories of evaluation are: 1. Comparison of calculated project emissions to the Districts emission thresholds; 2. Consistency with the most recent Air Quality Attainment Plan (AQAP) for Butte County; 3. Comparison of predicted ambient pollutant concentrations resulting from the project to State and Federal health standards, where applicable; and 4. The evaluation of special conditions which apply to certain projects, such as public exposure to toxic air contaminants. Table 2-1 of the CEQA Handbook lists the thresholds of significance, the CEQA level of significance, and the environmental document type requirement. See table below. Table 2-1: Thresholds of Significance for Critical Pollutants of Concern Pollutant Level A Level B Level C NOx :525 lbs/day >25 lbs/day >137 lbs/day ROG <25 lbs/day >25 lbs/day >137 lbs/day PM10 580 lbs/day >80 lbs/day >137 lbs/day Level of Significance Potentially Significant Potentially Significant Significant Impacts impacts Impacts Environmental Mitigated Negative Document Declaration (MND) or Mitigated ND or EIR EIR ND Source: BCAQMD CEQA Handbook This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to FR -20 (Foothill Residential 20 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone to FR -20, the rezone is consistent with the proposed General Plan designation of AR, and would allow one single family dwelling. A conditional zoning agreement is proposed to limit development to one single family home on the two existing lots, until such time as appropriate sewage disposal can be achieved consistent with County regulations. Table 1-1 (Screening Criteria for Project Air Quality Impacts) lists the established thresholds based on land use. The threshold for a single family residential project is 120 units. This project has the potential for one single-family residence, resulting in a "Level A" threshold of significance. Standard mitigation measures guidelines for "Level A" are in Section 5 of the CEQA Handbook. Based on the information above, this project will not conflict with or obstruct any air quality plan. The daily vehicular traffic that could result in the addition of one residence -would constitute a less than significant impact on air quality given the low-density character of the surrounding area, the lack of congestion on local roads, the very small size of the project, and when compared to the permitted uses under the current P -Q zoning. Concentrations of pollutants are related in part to levels of traffic congestion along streets and at intersections. Additional project -generated traffic of about 9.6 vehicular trips per day would not increase either traffic volumes on the local street network or carbon monoxide and other vehicle -related emissions along local roadways to the extent it would constitute a measurable impact to air quality. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 7 of 26 ■ 4.4 BIOLOGICAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status X species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, X regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, X vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory X wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree X reservation policy ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation X Plan, or other approved local, regional, or state habitat conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, X threatened, or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, X amphibians, fish or invertebrates)? i. A deterioration of existing fish or wildlife habitat (for X foraging, breeding, roosting, nesting, etc.)? j. Introduction of barriers to movement of any resident X or migratory fish or wildlife species? IL Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could X hinder the normal activities of wildlife? This initial study evaluates the environmental effects of a General Plan amendment and rezone which would not result in additional parcels. This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to FR -20 (Foothill Residential 20 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone to FR -20, the rezone is consistent with the proposed General Plan designation of AR, and would allow one single family dwelling. A ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 8 of 26 ■ conditional zoning agreement is proposed to limit development to one single family home on the two existing lots, until such time as appropriate sewage disposal can be achieved consistent with County regulations. Impact Discussion: The project site is located on the west side of Cherokee Road north of the Thermalito Power Canal (TPC) and abutting the Union Pacific Railroad line (UPRR). The area is known as Thompson Flat. The entire property was used as a repository of the soil generated by the excavation of the Thermalito Power Canal and the UPRR rail line. The property is covered by annual grasses with a scattering of small scrub oak trees located mainly along the north boundary line and against the UPRR right-of-way. Some small quantities of riparian vegetation are found along the Miocene Canal located at two places. The vegetation is located entirely within the depression of the Canal itself, which is owned and operated by California Water Service. The California Natural Diversity Database (CNDDB Rarefind 2, Government Version, Jan -02-2003) was reviewed to determine if any special status species or habitats are known to occur on the project site or in the project area. The CNDDB showed no occurrences of any special status species on the project site or in the project area. However, the easterly portion of each parcel is bisected by the Lower Miocene Canal. The canal crosses Cherokee Road and provides water to the California Water Service Company (CWSC) holding pond which serves water to the City of Oroville. This canal has existed in its present route for many years. Flora of various species is established along this canal and provides cover and a food source for fauna. Future development of the project will have an impact to fish and/or wildlife due to the introduction of human development. Therefore it is determined that the collection of fees pursuant to Fish and Game Code Section 711A is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). The proposal would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, local policies or ordinances protecting biological resources, or other approved local, regional, or state habitat conservation plan as there are no adopted plans affecting the project site. Mitigation Measure: None required. 4.5 CULTURAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? X b. Cause a substantial adverse change in the significance of X an archaeological resource pursuant to § 15064.5? c. Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d. Disturb any human remains, including those interred X outside of formal cemeteries? Impact Discussion: Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. According to Butte County constraints mapping, the project site is located in an area considered to have a low to moderate archeological sensitivity. Soil excavated to create the Thermalito Power Canal and the UPRR right-of-way was ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 9 of 26 ■ taken from areas known to be inhabited at one time by Native Americans. There is a reasonable possibility that the excavation could have also removed historic cultural resources. Grading and other soil disturbance activities on the project site in relation to future residential development have the potential to uncover historic or prehistoric cultural resources. To prevent impacts to historic or prehistoric cultural resources that may be uncovered during development activities of a permitted single family home on the project site, the State Health and Safety Code Section 7050.5 requires notification of the local coroner if remains are disturbed. Mitigation Measure: None required. 4.6 GEOLOGIC PROCESSES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the X State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic -related ground failure, including X liquefaction? 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, X and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994), creating X substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal X system where sewers are not available for the disposal or waste water? Impact Discussion: The Seismic Safety Element of the Butte County General Plan (1977) notes that all of Butte County is in Moderate Earthquake Intensity Zone VIII (although local intensities could vary from Zone VII to Zone IX (California Division of Mines and Geology, 1995). The site is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault along which, on August 1, 1975, a Richter magnitude 5.7 Oroville earthquake resulted in approximately 2.2 miles of ground rupture along the western flank of the Cleveland Hills fault. While the eastern border of the project site is, at its closest, approximately 7,700 feet west of the Cleveland Hills fault, it is not within the surrounding Alquist-Priolo special studies zone as identified by Butte County GIS data from the California Department of Mines and Geology (1995). There are also several inferred faults to the east and west. Like much of California, the project site can be expected to be subjected to seismic ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 10 of 26 ■ ground shaking at some future time. Accordingly, all buildings and other improvements will be designed and installed in accordance with Uniform Building Code requirements. Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings, pipes, light poles, roadways, and other improvements would be designed and installed in accordance with Uniform Building requirements. Because the project site appears to be located such that the probability of significant groundshaking is low, and because the future structures on the project site would be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard Zone, potential geologic impacts would be less than significant. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a low potential for liquefaction. The impact would be less than significant. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is a moderate potential for landslides in this area. The lack of steep slopes on the project site and on the surrounding parcels would not put the project site at risk of a landslide. Grading standards required to be met for the issuance of a building permit would reduce any potential impact. The soil erosion potential for the project site is moderate, according to Butte County General Plan GIS data. The soils on the project site — compacted excavated material - are not prone to soil erosion. The project site contains very gentle slopes that generally would not be at risk of significant erosion. Large amounts of grading associated with future residential development on the site are not expected due to the gentle slopes on the site and due to the low density of development. Additionally, the use of standard construction techniques would prevent any significant erosion occurring from the site. The Conservation Element's Expansive Soils Map indicates that there is a high expansive soil potential on the project site. As of January 1, 2008 and per CBC 1802.2.7, the Butte County Building Division requires soil tests prior to issuance of a building permit to determine the site soils' particular expansive potential, and will ensure that the foundations of all new structures are designed to adequately perform according to the shrink/swell characteristics determined for the building site. Development enabled by the project would thus have a less than significant impact with regards to risks to life and property due to expansive soils. Sewage disposal for a single-family dwelling on the site would be handled by an individual, on-site septic system. The Environmental Health Department has determined that soil on the project site is not adequate for multiple septic systems due to the poor quality of soil. A conditional zoning agreement is proposed with the project to limit development to one single family home on the two existing lots, until such time as appropriate sewage disposal can be achieved consistent with County regulations. Limiting development of the 30.1 acre parcel to one single-family home until suitable septic disposal is available is found to have less than a significant impact. Mitigation Measure: None required. 4.7 HAZARDS AND HAZARDOUS MATERIALS: Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under. Impact with Impact Previous Mitigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or X disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and X accident conditions involving the release of hazardous materials into the environment? ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 11 of 26 ■ Would the proposal: Potentially Less Than Less Than No Reviewed Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, X would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the X project result in a safety hazard for people residing or working in the project area? L For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people X residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency X evacuationplan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including X where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Impact Discussion: The project site is not located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 (Cortese List) and is not near any listed sites or sites known or suspected to contain hazardous materials. The project does not involve the use of hazardous materials and would not create any hazardous materials. No impact is anticipated. The property is not located within the vicinity of an airport, airport land -use plan, or private airstrip, and does not interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated. The project is located within a State Responsibility Area for wildland fires and construction of homes in this area makes fighting wildland fires more difficult because fire resources must protect structures before wildlands. The nearest staffed fire station is Station # 63 (CDF staffed) located approximately 1.8 miles to the west at Nelson Road and County Center Drive. The CalFireButte County Fire Department reviewed the project and did not have any specific recommendation with regard to the general plan or rezone request. Future residential development on the project site requires that State and County Fire Safe regulations be followed. Mitigation Measure: None Required 4.8 HYDROLOGY AND WATER QUALITY: ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 12 of 26 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 12 of 26 ■ Impact Discussion: Domestic water for future residential development on the site would be obtained from wells. The project is not expected to result in a significant reduction in ground water supplies in the project area. Residential development on the project site of a single-family home would ultimately result in the creation of new impervious surfaces, such as, accessory structures, and driveways. While the amount of impervious surface area is generally small and the amount of runoff is expected to be minimal, a construction Storm Water Permit will be required by the State Water Resources Control Board if any development on the site results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. Development of the project site with a single-family home may not trigger the need for the Storm Water Permit. There are no natural drainages on the project site. The Miocene Canal is located on the site. No impacts are expected to occur to the Canal because of the easement setback established along the canal. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 13 of 26 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge X requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production X rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course X of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or X amount of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage X systems or provide substantial additional sources of polluted runoff? L Otherwise substantially degrade waterquality? X g. Place housing within a 100 -year flood hazard area as mapped by Federal Flood Hazard Boundary, Flood X Insurance Rate Map, or other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures X which would impede or redirect flood flows? i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as X a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X Impact Discussion: Domestic water for future residential development on the site would be obtained from wells. The project is not expected to result in a significant reduction in ground water supplies in the project area. Residential development on the project site of a single-family home would ultimately result in the creation of new impervious surfaces, such as, accessory structures, and driveways. While the amount of impervious surface area is generally small and the amount of runoff is expected to be minimal, a construction Storm Water Permit will be required by the State Water Resources Control Board if any development on the site results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. Development of the project site with a single-family home may not trigger the need for the Storm Water Permit. There are no natural drainages on the project site. The Miocene Canal is located on the site. No impacts are expected to occur to the Canal because of the easement setback established along the canal. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 13 of 26 ■ The project site is not located within a 100 -year flood zone or 500 -year flood zone as shown on Butte County GIS maps, which are based on Federal Emergency Management Agency Flood Insurance Rate Map 06007C -0795-C, dated June 8, 1998. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact would occur with respect to these natural hazards. This initial study evaluates the environmental effects of a General Plan amendment and rezone to FR -20 and finds that the addition of one single-family home will not result in significant environmental impacts to hydrology and water quality. Mitigation Measure: None required. 4.9 LAND USE: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general X plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community conservationplan? X Impact Discussion: The property is currently designated as Public (P) in the Butte County General Plan Land Use Element. The only consistent zone listed for this designation is P -Q (Public or Quasi Public). There are no conditionally consistent zones listed. There is no minimum parcel size. Permitted uses listed under the Public designation of the Land Use Element include large facilities owned and operated by government agencies such as government buildings, hospitals, recreation facilities, and fire stations. The two parcels comprising the subject property were sold into private ownership; public land use designations no longer appear appropriate for reasonable use of the land. This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to FR -20 (Foothill Residential 20 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone to FR -20, the rezone is consistent with the proposed General Plan designation of AR, and would allow one single family dwelling. A conditional zoning agreement is proposed to limit development to one single family home on the two existing lots, until such time as appropriate sewage disposal can be achieved consistent with County regulations. The Agricultural -Residential General Plan land use designation states that a consistent parcel size is 20 acres or greater in size; the change in zoning to FR -20 is consistent with the General Plan. Based upon the above, the project can be considered to be consistent with the Agricultural Residential General Plan land use designation. The property is not within a habitat conservation plan or natural community conservation plan because no such plan exists for the area. No impact would be incurred. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 14 of 26 ■ 4.10 MINERAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Result in the loss of availability of a known mineral resource that would be of value to the region and the X X residents of the state? b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local X X general plan, specific plan, or other land useplan? Impact Discussion: Oroville was started as a mining community during the middle of the 19'h Century, with most of the mines located to the north of the town. Gold was the primary mineral being mined. No large scale mining operations have occurred in the Oroville area for over 60 years. No mining operations occurred on the project site. The proposed General Plan and Rezone project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. A future subdivision or parcel created under this zoning would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required. 4.11 NOISE: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan X or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive X ground borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing X without theproject? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above X levels existing without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, X would the project expose people residing or working in the project area to excessive noise levels? L For a project within the vicinity of a private airstrip, would the project expose people residing or working X in the project area to excessive noise levels? ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 15 of 26 ■ Impact Discussion: Noise is usually defined as unwanted sound. It is an undesirable by-product of society's normal day-to-day activities. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health. The definition of noise as unwanted sound implies that it has an adverse effect on people and their environment. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). Noise sources occur in two forms: (1) point sources, such as stationary equipment, loudspeakers, or individual motor vehicles; and (2) line sources, such as a roadway with a large number of point sources (motor vehicles). Sound generated by a point source typically diminishes (attenuates) at a rate of 6.0 dB(A) for each doubling of distance from the source to the receptor at acoustically "hard" sites and 7.5 dB(A) at acoustically "soft" sites. For example, a 60-dB(A) noise level measured at 50 feet from a point source at an acoustically hard site would be 54 dB(A) at 100 feet from the source and 48 dB(A) at 200 feet from the source. Sound generated by a line source typically attenuates at a rate of 3.0 dB(A) and 4.5 dB(A) per doubling of distance from the source to the receptor for hard and soft sites, respectively. Sound levels can also be attenuated by man-made or natural barriers. Sensitive receptors are facilities where sensitive receptor population groups (children, the elderly, the acutely ill and the chronically ill) are likely to be located. These land uses include residences, schools, playgrounds, child care centers, retirement homes, convalescent homes, hospitals and medical clinics. Noise -sensitive receptors in the project area include dwellings that are adjacent to the project site. The project site is located in a rural residential area with generally low noise levels and is not subject to any significant continuous noise. Noise from train travel on the UPRR is periodic and muffled by the tracks being below grade. Vehicular traffic noise and noise from residential uses are the dominant sources of noise in the vicinity of, the project site. Uses associated with this project, or any future subdivision or parcel map, would not create a significant increase in ambient noise levels within or in proximity to the project site. Noise from the project would be compatible with the existing noise environment which is dominated by rural residential uses and vehicle traffic similar to that anticipated from this project. The Butte County General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL for construction activities. Given the rural nature of the project site and distance to other existing residential structures, the impact of construction noise will be less than significant on nearby residences. Because of the small increment of traffic added to the local roadways, the project would not significantly affect future traffic noise levels. The project is not located in the vicinity of an airstrip or within an airport land use plan. No impact would occur. Mitigation Measure: None required. 4.12 HOUSING: ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 16 of 26 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and X businesses) or indirectly (for example, through extension of roads or other infrastructure? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 16 of 26 ■ Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document a. Would the project result in substantial adverse Incorporated c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Impact Discussion: Butte County population has grown at a rate at or below official population projections for the past 10 years. Projected population for 2000 was 207,159, while the actual census population was 203,171. The growth rate for Butte County between the 1990 and 2000 was 11.6%, or 1.1% per year. The proposed rezone would result in the potential for one single-family home on the project site. Thus, the project has the potential to add an estimated 2.414 people to Butte County (one dwelling unit at 2.414 persons/unit — assuming all occupants are new residents to Butte County). This is not considered a significant amount and is consistent with the estimated 2% annual growth rate for the County. The project would not significantly affect the population of the area because the proposed density is consistent with most of the surrounding area. The project would not displace individuals or housing. No impact would occur. Mitigation Measure: None required 4.13 PUBLIC SERVICES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in X order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X f. Other public services? X Impact Discussion: This project is a request for a change in the General Plan from P (Public) to AR (Agricultural - Residential) and a rezone from P -Q (Public -Quasi Public) to FR -20 (Foothill Residential 20 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone to FR -20, the rezone is consistent with the proposed General Plan designation of AR, and would allow one single family dwelling. A conditional zoning agreement is proposed to limit development to one single family home on the two existing lots, until such time as appropriate sewage disposal can be achieved consistent with County regulations. The project site is located in an area designated as having a high to very high fire hazard according to GIS data from the California Division of Forestry. This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to FR -20 (Foothill Residential 20 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone to FR -20, the rezone is consistent with the proposed General Plan designation of AR, and would allow one single family dwelling. A conditional zoning agreement is proposed to limit development to one single family home on the two existing lots, ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 17 of 26 ■ until such time as appropriate sewage disposal can be achieved consistent with County regulations. This incremental increase in demand for fire protection services is less than significant. The CalFireButte County Fire Department states that cumulative development in rural areas would impact their ability to provide fire protection services. This agency states that the installation of automatic fire suppression sprinkler systems in residential structures, the use of fire resistant building materials and the availability of water supply systems would reduce the demand for fire protection services. This rezone project has the potential to create one single-family residence, which would result in an incremental increase in demand for police protection services. The Butte County Sheriffs Office provides law enforcement service to the area. The cumulative increase of residential development in the County impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. Butte County Code requires that Sheriffs facilities fees be paid prior to issuance of a building permit for a dwelling unit placed on the project site. The current Sheriffs impact fee for a dwelling unit is $360.00. With the payment of the Sheriff's impact fees the impacts to police protection services would be reduced to a less than significant level. The proposal would result in an incremental demand for school facilities in the area. The project site is located in the Oroville Union School District and the Thermalito Union School District, and the nearest school is the Nelson Avenue Elementary School (grades K-8), located approximately 2 miles to the west of the project site. Oroville High school is located in the City of Oroville and school bus service is available in the project area. The project could result in an incremental increase in demand for school facilities in the Palermo Union Elementary and Oroville Union High School Districts. A development impact fee for school facilities must be paid prior to issuance of building permits with fees determined according to the square footage of a dwelling's living area. While school districts maintain that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees or mitigation by state legislation. The project would result in the potential development of one single-family dwelling, which would not create significant impacts to area parks and facilities. A less than significant impact is anticipated to other public services. Mitigation Measure: None required. 4.14 RECREATION: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility X would occur or be accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the X environment? Impact Discussion: The project site is located within the Feather River Recreation and Park District. No public or private recreational facilities are location on or near the project site. The site is located near the Thermalito Forbay Lake and park, the Feather River recreation area, where numerous recreation opportunities can be found. No recreation facilities are proposed as part of this project. This rezone project, which would permit one single-family dwelling, is not expected to have a significant impact on any existing recreational facilities. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 18 of 26 ■ Mitigation Measure: None required. 4.15 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in X J relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in X either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in X location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or X incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? X L Result in inadequate parking capacity? X g. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus X turnouts, bicycle racks)? Impact Discussion: The project site fronts on Cherokee Road, which is a public road, and is of adequate width to provide for two-way traffic. Cherokee Road along the project site carries only local traffic and has a low vehicle count. The proposed rezone to FR -20 has the potential to create one single-family dwelling which would generate approximately 9.55 vehicle trips per day (Institute of Traffic Engineers Trip Generation Manuao, although dwellings in rural areas typically generate less than 9.55 vehicle trips per day. Butte County Code Section 24-240 (b) requires two off-street spaces per dwelling. The single-family dwelling would have sufficient area to meet this requirement on the 30.1 acre property. This proposed rezone would not conflict with accepted policies, plans or programs supporting alternative transportation. Mitigation Measure: None required. 4.16 UTILITIES AND SERVICE SYSTEMS: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X J ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 19 of 26 ■ Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could X cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause X significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements X needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the X project's projected demand in addition to the provider's existing commitments? L Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste X disposal needs? g. Comply with federal, state, and local statutes, and regulations related to solid waste? X Impact Discussion: The proposed project would include an individual septic system for sewage disposal. The project would not have an impact on any wastewater treatment facilities because an individual septic system would be utilized. Domestic water would be obtained from individual wells. Some on and off-site storm water drainage improvements may be required due to development of the project site. No significant environmental impacts would be anticipated because drainage improvements do not appear to be extensive. The Butte County Public Works Department would determine the need for on and off-site storm water facilities and would ensure the necessary improvements are installed when a proposal to divide the property is received. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste with the incorporation of mitigation measures specified below. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 20 of 26 ■ 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (SECTION 15065: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal X community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history orprehistory? b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection X with the effects of past projects, the effects of other current projects and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human X beings, either directly or indirectly? The project has no potential to contribute impacts that are either individually limited, or cumulatively considerable, with respect to Initial Study Checklist Items. Cumulative Imuact Analysis An examination of properties within 2,500 feet of the project site finds that there are no projects that are either in the process of being, or anticipated to be, further subdivide. Therefore, cumulative projects have been determined not to be cumulatively considerable. This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to FR -20 (Foothill Residential 20 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone to FR -20, the rezone is consistent with the proposed General Plan designation of AR, and would allow one single family dwelling. A conditional zoning agreement is proposed to limit development to one single family home on the two existing lots, until such time as appropriate sewage disposal can be achieved consistent with County regulations. The project's contribution to cumulative impacts to negligible. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in the establishment of a single-family dwelling. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 21 of 26 ■ 6.0 ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 2. Butte County Planning Department. Archaeological Sensitivily Map. Oroville, CA: James P. Manning, 1983. 3. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 4. Butte County Planning Department. Butte County GIS Data. Oroville, CA: November 2001. 5. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Environmental Checklist Form, Evaluation of Environmental Impact. File Number 93-15. Oroville, CA: February 8, 1993. 7. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 10. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 11. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 12. Butte County Planning Department. Notice of Determination, Rezone 93-15, John Mcglaughlin. Filed with State Clearinghouse, Office of Planning and Research. July 13, 1993. 13. Butte County Planning Department. Scenic Hiahw4 s Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 14. Butte County Planning Department. School District Man. Oroville, CA. 15. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 16. California Department of Transportation, Traffic Operations Division. 2000 All Traffic Volumes on California State Highway System. 2001. 17. California Department of Transportation, Traffic Operations Division. 1998 Truck Volumes on California State Highway System. 1998. 18. California Department of Transportation, Traffic Operations Division. 1998 All Traffic Volumes on California State Highwa System. 1998. 19. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 20. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 21. USGS Quad Maps. 22. Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency. 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [X] Thermalito Irrigation District [ ] BCAG [X] NOAA Fisheries [X] LAFCo [X] Assessor [ ] Development Services [ ] Chico Unified School District [X] Air Quality Management District [ ] City of Chico [ ] Sheriff [ ] City of Gridley [X] City of Oroville [ ] Town of Paradise [X] CA Department of Forestry [ ] Caltrans (Traffic) [ ] CA Central Reg. Water Quality [ ] Department of Conservation [X] CA Dept. of Fish and Game [ ] Highway Patrol [ ] Army Corps of Engineers [X] U.S. Fish & Wldlife Service [X] Agricultural Commissioner [ ] Butte Co. Farm Bureau [ ] South Yuba Water Company [X] Feather River Recreation Dist. [ ] El Medio Fire Department [X] Oroville Union School Dist [ ] LOAPUD ■ Butte County Department of Development Services ■ ■ Initial Study - Verney Chun GPA07-0002 & REZ07-0001 ■ Page 22 of 26 ■ [ ] PG&E [ ] Pacific Bell [ ] Thermalito School District 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: I/We have reviewed the Initial Study for the Verney Chun General Plan Amendment and Rezone (APN # 031-060-054 & 031-070-084) applications. I/We hereby modify the applications on file with the Butte County Planning Department to include and incorporate all mitigations set forth in this Initial Study. Project Sponsor/Project Agent Project Sponsor/Project Agent G:\PROJECTS\GPA\Chun GPA07-0002\lnitial Study Chun GPA07-0002 & REZ07-0001 draftldoc Date Date ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 23 of 26 ■ LOCATION MAP ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 24 of 26 ARIAL VIEW OF PROPERTY ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 25 of 26 ■ �- fIJ�K wY"�iil�t �� �•.�-''- "'_' ,.,,54•[7• QQ gsE l y e 1 r. ST-kTEOF 3794E OF 4. Yi h7 cuF0RAl4 iYA.TG� l�iuJ�•e.. - _ i 9:ElI �" MAI� - tM SMIlk"6A h'AiRi CTd1C,G CUA STME OF CA y •F s: ;°.J +_-'� -r —liiil IML IIL�- 7a• P . OaTER RESAXAM V3 P ,�� - ifi Ri .cc � ..� 5TI7E OF 4JFOFAIg �e{ 01X01XI Iryr STATE Jnr cpLMRMA, ... ,,��'.r 41:,1—:1Ii7—�S:Lti . k 1 �� f r *41 d61—X3143—:G r•'` �•r-`-_ a ,cui..7,.,(�+tCtea7cR q+kti5, �'•v.t�" `; „�, CAI 7t E 960_ STATE rF OA, 149D., rERARUE ���,.r- td rf s43s .4L k•r _fes• �r _/'-�` ,r,.', f�` �-r-``�`.��_.� � .y- "_„-'�� �` � ter-- r"�-*'�"-��«' F'� � ��-r�`-•��•^�— ":rte �- ' �` .••. SITE PLAN ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 26 of 26 ■ LEGEND BOUNDARY LINE CENTER LINE ADJACNET PROPERTY LINES — CITY LIMIT LINE CITY PROPERTIES'i�� ASSESSOR'S PARCEL NUMBER (APN) 031-OSO-Q54 GENERAL PLAN GP ZONING Z STATE OF CA. WATER RESOURCES 031-030-056 8.81 AC Z: P -Q GP: P �i I STATE OF CA. WATER RESOURCE 031-030-057 16.61 AC Z: UNLISTED GP: UNLISTED NOTEi MIN, 60' ROW REQUIRED SCALE: s t 1 _., 5__�. 1°=200' —zs� —2�• �o�� TYPICAL CROSS SECTION MINOR COLLECTORS & LOCAL ACCESS RS -3 TYPE B NTS S O QpGi�C RP1�Op0 ___. _ ,.___........ ._ L'807.391 247.34 � •.•~ 247.34 �4 t RP\LFzOP �S 35 _ 5 StATV OF \� 27 p9 I CALIFORNIA w � �a� la��' •�'' z �' � 31 -060 -OS 45, , ' ' I 3.55 AC Z: P -Q NOT A GP: P MARTIN BLOOM PART CA. ATER SERVICE CO. - `� 031-070-002 I 031-060-006 9.18 AC 4XIOW 7.02 AC 1 Z: AR -1 �'' rtFatat tt1:E ' Z: Q -P _j GP: AR 'to uPA� GP: PUSEAME AREA FOR LEACH 42, Flan 1f \ \ nal�r LINE OSED `°P"mcioom � �. STATE OF CALIFOt N{A a\ ��'Ins�� STATE OF CALIFORNIA 031-070-083 _.4ir�$�� 11.51 AC i \����; . • / f����,� a4 21.37 AC Z: P -Q �t . t �.; .r'a Z: P -Q GP: PV ff L� IN1L AFPROOLI,OCAl10N ffAA� � .., ,QAa 145.36' ,\ Aoass auo m o N 30'19'06' E \ \ f NX PROPOSED >�t SER CWATER CO. STATE OF CA. WATER RESOURCES ' 31-070-07 031-070-0$0 /i 3.36 AC Z: P -Q 41.23 AC GP: P Z: P -Q Qfto _ F., :` pd - C. --'y. VICINITY MAP NTS NOTES: 1. EXISTING ZONING: P—Q (PUBUC/ QUAZI PUBLIC) PROPOSED ZONING: R1 (LOW DENSITY RESIDENTIAL) 2. EXISTING GENERAL PLAN: P (PUBLIC/QUASI—PUBUC) PROPOSED GENERAL PLAN: LOW DENSITY RESIDENTIAL 3. EXISTING USE: VACANT PROPOSED USE: SINGLE FAMILY RESIDENTIAL 4. USE BUTTE COUNTY STANDARD RS -3 TYPE A FOR CHEROKEE ROAD REZONE /GENERAL PLAN AMENDMENT SITE PLAN WITHIN SECTION 5 OF TOWNSHIP 19 NORTH, RANGE 4 EAST, M.D.B.&M., BUTTE COUNTY, CALIFORNIA. ASSESSOR'S PARCEL NUMBERS 031-060-054 & 031-070-084 AREA: 30.1 AC FOROWMEH VERNEY CHUN 630 RAVENNA TERRACE FREMONT, CA 94536 sy THE ENGINEERING GROUP, INC. TIMOTHY C. WOOD, R.C.E. 61.7779 1250 EAST AVE. SUITE 10 CHICO, CA 95926 PH: (530)399-0409 FAX: (530) 894-094.3 ` 016H26513456 COUNTY OF BUTTE W g OFFICE OF PLANNING DEPARTMENT o u d $ 00.394 7 COUNTY CENTER DRIVE ,�, W N = 01/09/2009 OROVILLE, CALIFORNIA 95965-3397 4} cnl)I�T� d LL Mailed From 95955 US POSTAGE RETURN SERVICE REQUESTED �E S RVOT PUBLIC STATE OF CALIFORNIA Po F O BOX Ess HEARING SACRAMENTO CA 9x$62 9yoZ3� NIXIE 957 OE 1 00 O1/iib/Oah NOTICE RETURN TO ENDER INSUFFICIENT ADDRESS UNABLE TO FORWARD BC : 9.5965339799 *.2372- 0377'®-14 - 09 LMCONM1 95$12 9596503397 )Ir)111iJJI1)111ILIPIMM111I11>>IMIII)IJ11))III))I • • Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530)538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING January 23, 2009 TideWatchers Associates, LP /( 630 Ravenna Terr V Fremont, CA 94536 Re: REZ07-0001 and GPA07-0002, AP: 031-060-054 Dear Tidewatchers: Enclosed is a copy of the Agenda Report concerning your application for a the applicant is requesting a Rezone of the parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to R-1 (Residential). Concurrently, the applicant is requesting a General Plan Amendment of parcels from RQ (Public -Quasi Public) to LDR (Low Density Residential). The parcels are located northwest of Cherokee Road, 0.60 mile north of the Cherokee Road and Table Mountain Boulevard intersection, northwest of the City of Oroville. Should youhave any concerns with the report or conditions of approval, please contact us in advance ofthe meeting so that we may work together to resolve your concerns. A public hearing has been set for January 29, 2009 at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should youhave any questions regarding this matter, please contact Carl Durling of this office at 530-537- 7150, between 7:30 a.m. and 4:00 p.m., Monday through Friday. Sincerely, . ' Tina Bonham Commission Clerk cc: Michael Evans • COUNTY OF BUTTE OROVILLE, CALIFORNIA U P Chico Enterprise Record P PO Box 9 L Chico,.CA 95927 I 016410 Ll FIELD PURCHASE ORDER Issued By Department NUMBER � F 09-061 )g.29ati 7-.23-0a DEVELOPMENT SERVICES PLANNING DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W. 0. # 9/5/08 NOTICE TO THE PUBLIC C/5 d 440-001-537 PLEASE FURNISH TWO COPIES OF THE AFFIDAVIT OF PUBLICATION AND TEAR SHEET BUTTE COUNTY PLANNING DMSION ATTENTION - Tina Bonham 7 COUNTY CENTER DRIVE OROVILLE, CA 95965 To be published in the Mercury Register 9/9/08 Chun GPA07-0002 TOTALII clS o I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or, where authorized, are hqr-eFy--cOmtCacted for anqAttatil4kre is a Budget Appropriation for the same. Dated: V0636 SUPPLIER NO. or Authorized Deputy F 09-061 DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV. DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING FOR GPA07-0002 and REZ07-0001 In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for project GPA07-0002 and REZ07-0001 (Chun of Tidewatchers Assoc.) at a public hearing before the Butte County Planning Commission to be held on October 9, 2008, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Applicant: Chun (Tidewatchers Assoc.) , Project Name: GPA07-0002 & REZ07-0001 Planner: Carl Durling APN: 031-060-054 & 031-070-084 Zoning: P -Q Location: On the west side of Cherokee Road lying between Cherokee Road and the Union Pacific Rail Road tracks Project Description: This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential 5 -acre minimum) on two parcels totaling 30.1 acres. For the purposes of this initial study, the project is presumed to be composed of the General Plan Amendment and Rezoning, recognizing that a future subdivision could be proposed for up to 6 parcels, which would be subject to subsequent environmental analysis. CEQA requires this notice to disclose whether any listed toxic sites are present on the project site. The project site does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration (IS/MND), application, and reference documents for this project are on file for public review and comment starting September 6, 2008 through October 8, 2008, at the Butte County Planning Division, 7 County Center Drive, Orovdle, California. The IS/MND is also available for review on the County website at www.buttecouniy.net/dds and then by selecting Planning, Mitigated Negative Declarations and then the project document. Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in, written correspondence delivered to the Planning Commission at, or prior to the public hearing. For information call or send an email to Carl Durling, (530) 538-7150 or cdurling_nbuttecounty.net. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Oroville-Mercury Register on Tuesday, September 9, 2008. • • ADVERTISING INVOICE STATEMENT CHICO ENTERPRISE RECORD 400 EAST PARK AVE. (P.O. BOX 9) CHICO, CA 95927 530-891-1234 ACCOUNT: 016410 Butte County Department of Development Services 7 County Center Dr. Oroville, CA 95965 NOTICE OF INTENT PO (F 09-0611 PUB. SEPTEMBER 9, 2008 18 1/2" 4(D,$10.47/inch $193.70 INTERNET CHARGE $2.00 TOTAL DUE $195.70 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING FOR GPA07-0002 and REZ07-0001 In accordance with the California Environmental Quality Act (CEQA), Butte County has pre- ' pared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for project GPA07-0002 and REZ07-0001 (Chun of Tidewatchers Assoc.) at a public hearing before the Butte County Planning Commission to be held on October 9, 2008, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Cen- ter Drive, Oroville, California. Applicant: Chun (Tidewatchers Assoc.) Project Name: GPA07-0002 & REZ07-0001 Planner: Carl Durling APN: 031-060-054 & 031-070-084 Zoning: P -Q Location: On the west side of Cherokee Road lying between Cherokee Road and the Union Pacific Rail Road tracks Project Description: This project is a request for a change in the General Plan from P Pub- lic) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to AR -5 Agri- cultural Residential 5 -acre minimum) on two parcels totaling 30.1 acres. For the purposes of this initial study, the project is presumed to be composed of the General Plan Amendment and Reigning, recognizing that a future subdivision could be proposed for up -to 6 parcels, which would be subject to subsequent environmental analysis. CEQA requires this notice to disclose whether any listed toxic sites are present on the project site. The project site does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration (IS/MND), application, and reference docu- ments for this project are on file for public review and comment starting September 6, 2008 through October 8, 2008, at the Butte County Planning Division,.7 County Center Drive, Oroville, California. The IS/MND is also available for review on the County website at www•but- tecoungr.net/dds and then by selecting Planning, Mitigated Negative Declarations and then the project document. Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above gr as may be continued to a later date. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Com- mission at, or prior to thepublic hearing. For information call or send an email to Carl Durling, (530) 538-7150 or cdurling�buttecountv.net. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PO[F09061j o„til �ti• nomoronnn S�3 Katherine Reed-Ossokine GINTER & BROWN 1 (530) 591-3837 ner. 3bd/lba. Extra Ig. lot Remodeled from totoe................................................$264,500 :nient Location! Clean 3bd/2ba. Close to the Mall................................................. $274,5001 Charmer Downtown R3 Lot. 3 car gar. on Alley. 3bd/2ba ...................................................$299,000 Mansion Parkl Your opportunity to live in a classic Chico home is here! 1/3 acre, pool, 4+ 1'a bedrooms... and charm galore! Needs someone to love it back to it's original Condition! Tanny Johnson Office: 896-3128 9 Cell: 570-2233 ;;, (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In The Matter Of NOTICE OF INTENT. AFFIDAVIT OF PUBLICATION State of California SS. County of Butte The undersigned resident of the county of Butte, State of California, says: That I am, and at all time herein mentioned Was a citizen of the United States and not a party To nor interested in the above entitled matter; That I am the principal clerk of the printer and Publisher of The Chico Enterprise -Record The Oroville Mercury -Register That said newspaper is one of general circula- Tion as defined by Section 6000 Government Code of the State of California, Case No. 26796-- By the Superior Court of the State of California, In and for the County of Butte; that said newspa- Per at all times herein mentioned was printed And published daily in the City of Chico and County of Butte; that the notice of which the Annexed is a true printed copy, was published in Said newspaper on the following days: SEPTEMBER 9, 2008. Dated_ September 9, 2008. At Chico, California. (1A i i" 'a.A, (Signature) . j. e j i No. ................................... In the Matter of ------------------------------------------------------------ ------------------------------------------------------------ ---------------------------------------------------------- ------------------------7----------------------------------- ------------------------------------------------------------- ----------------------------------------------------------- Affidavit of Publication ------------------------------------------------------------- B-02 LOCATION MAP ARIAL VIEW OF PROPERTY y �'t7, F►' o /` }, I STATE OF SToTE OF tit. A,Ali .tay 1 D -a :t�A X81 3G erg?• -'-r •tin+ ,w,,+'' mw AL k�fJt? i 6P;^ 1 FdfS?Ti'� EL:`75 RTI f�� IEF„ h�187�C'?�1�C frO•i 31 u"e_R a 'aTf+,TE OF CA, .s - r aF�a u – lii W-9 r J a1 WATER Rec"R E3 � s _ .:rr- ' "', kms, ��Z - 4 av, p r�i d Mae Wbk no J f ST2TE OF w4JFd1:111c L ALrP[R.WA, r ... NN '��..i' �� � I:L'� .i//``r���t �R •� s.^f^ ,o e+7'"�� 1 � Sv�y-P` r •`+w, +.-ca:s+nr x per' s rr:+:c• c �•' f `�" `. w ,cz4sa gat 5Efl'7S�E STATE 9F E; lkgVFES PUr 11,74 AT - SITE PLAN Durling, Carl From: Moghannam, Kathleen Sent: Tuesday, November 18, 2008 9:38 AM To: Jolliffe, Stacey Cc: Bonham, Tina; Durling, Carl; Thistlethwaite, Charles Subject: RE: BOS hearing date request Of course — I'm thinking hearings. Sorry a little slow. OK on 1/6 for the GPA/REZ —10:10. And — OK on 1/27 for the variance @ 10:00. Wow — go Tina. From: Jolliffe, Stacey Sent: Tuesday, November 18, 2008 9:33 AM To: Moghannam, Kathleen Cc: Bonham, Tina; Durling, Carl; Thistlethwaite, Charles Subject: RE: BOS hearing date request Page 1 of 2 General Plan Amendments and Rezones require a hearing at the Board for approval (it is not an appeal). We can handle it in 10 minutes. Chuck has indicated that the minutes on the variance from 11/13 will be available for the 01/27/09 meeting; He and Tina are working on priorities in that regard. Stacey Jolliffe Principal Planner, Current Planning Section Butte County Dept. of Development Services 7 County Center Drive Oroville, CA 95969 Phone: 530.538.7541; FAX 530.538.2140 Email: sjolliffe@buttecounty.net Webite: www.buttecounty.net/dds From: Moghannam, Kathleen Sent: Tuesday, November 18, 2008 9:28 AM To: Jolliffe, Stacey Cc: Bonham, Tina; Durling, Carl; Thistlethwaite, Charles Subject: RE: BOS hearing date request 0 When was this appealed? Did I miss an appeal? How long do you think the hearing will be? Have we confirmed that the minutes will be approved by the time the agenda items need to be submitted for a 1/27 hearing? (Sorry, Tina) From: Jolliffe, Stacey Sent: Tuesday, November 18, 2008 9:00 AM To: Moghannam, Kathleen 11/18/2008 Cc: Bonham, Tina; Durling, Carl; Thistlethwaite, Charles Subject: BOS hearing date request Kathleen, Are you able to give us a hearing time on January 6, 2009 for: GPA07-0002 and REZ07-0001 (Verney Chun/Tidewatchers Associates, LP) C. Durling Page 2 of 2 (The PC minutes have been adopted already, and we'll get you a notice and mailing list when after you confirm date and time) I guess the other option is January 27 with the appeal on the variance. Stacey Jolliffe Principal Planner, Current Planning Section Butte County Dept. of Development Services 7 County Center Drive Oroville, CA 95969 Phone: 530.538.7541; FAX 530.538.2140 Email: sjolliffeCalbuttecounty.net Webite: www.buttecounty.net/dds 11/18/2008 "DRAFT" LEAD IN SHEET (2 2- PROJECT NUMBER:�po - ®oo 1 AP#(S): .Z APPLICANT: VE OWNER(S): S REPRESENTATIVE: C PROPOSED REQUEST: (by counter planner) G FINAL REQUEST: (by project planner) LOCATION: (by counter planner) FINAL LOCATION: (by project planner) ZONING: GENERAL PLAN DESIGNATION: EXISTING ZONING: SUPERVISORIAL DISTRICT #: SIZE: DATE RECEIVED: 1� t l COUNTER PLANNER'S INITIALS: �,� �� ASSIGNED PLANNER: Date Proiect Assigned: IDR Date a� i��, 30 Da Complete: Tentative Hearin Date: COMMENT DISTRIBUTION LIST Project Number: GfA 6 ` 00O L County Offices and Cities: _ Planning Division X Assessor's Office - Mapping x Environmental Health — City of Biggs _ Building Manager — City of Chico X LAFCo _ City of Gridley X Agricultural Commission City of Orovilie X Public Works/Land Dev — Town of Paradise X County Counsel Fire Protection: X California Department of Forestry Domestic Water: _ S.F.W & P. Agency (OWID) California Water Service Co. Utilities: PG&E North - Chico PG&E South - Oroville Irrigation District: _ Biggs / West Gridley Water Richvale Irrigation Dist. Sewer: _ BCAG _ ALUC _ APCD _ Butte Co. Farm Bureau Chico Airport Commission Chief Administrative Officer E1 Medio Fire Protection District Butte Water District Thermalito Irrigation District _ Pacific Bell Viacom Cable TV _ Durham Irrigation Dist. Table Mountain Irrigation Dist. L.O.A.P.U.D. _ Sterling City Sewer Main Drainage Districts: _ Sacramento & San Joaquin Drainage Dist. — _ Drainage District 200 — Reclamation District No. 2056 — State Agencies: C 1Trans Dept. of Water Resources -A– a Federal Agencies: U.S. Forest Service Other Districts, Agencies, Committees, etc.: l) Ito qLU,0 U X X rt���.�ro (�,NLD►� _ Del Oro Water Co. Other Chambers Cable TV Paradise Irrigation Dist. Skansen Subdivision (CSA 21) Reclamation District No. 833 . Reclamation District No. 2054 X Dept. of Fish and Game U.S. Bureau of Land Management A -r Vzs,rc . RG oa—ez OA17) i Calif Gen. Eng. Contractor #548284 Michael G. Evans One Nice Place, Oroville, CA 95966 (530) 570-5498 - Fax (530) 533-6028 oneniceplace@sbcglobal.net May 17, 2007 Mr. Chris Tolley Butte County Dept. of Development Services 7 County Center Drive Oroville, CA 95965 RE: General Plan Amendment 07-0002 and Rezone 07-001 for Tidewatcher Associate LP, Verney Chun APN 031-060-054 & 031-070-084 Dear Mr. Tolley, On behalf of the applicant/owner, we wish to respectfully clarify the application for a General Plan Amendment to Low Density residential and Rezone to R-1. The parcel was created by the Dept. of Water Resources as a surplus parcel from the diversion canal construction. He has requested a well permit to provide irrigation water for tree planting, has adequate soil for the installation of one sewage disposal system for his proposed family residence and anticipates a future project wherein sewer and treated water facilities will be extended northerly across the diversion canal through a sleeve currently installed under the existing bridge (constructed by DWR). He is aware of and will need to move the Sphere of Influence boundary and annex to the City to implement a future project. Additionally, Mr. Chun has requested the City of Oroville General Plan Steering Committee consider his request to designate the property similarly, see enclosed, similar to the land on the south side of the canal. Please notify us if you need any additional information to accommodate this request. Sincerel , Michael G. Evans EVANS fury WORKS Cc: V. Chun N C. �UrrE f COUNTY MAY 18 2007 DEVELOPMENT SERVICES 6 1 0 May 13, 2007 City of Oroville Community Development General Plan Update Steering Committee ATTN Sharon Attebury City Administrator 1735 Montgomery Street Oroville 95965 Re: APN 031-070-084/031-060-054 Dear Steering Committee, C"� P I am writing this letter to request for the consideration of a General Plan designation of Low Density Residential (1-3 Dwelling Units per Acre) for my privately held property on Cherokee Rd., in Oroville (APN 031-070-084 AND 002 and 031-060-054). The two. APN's above refer to one parcel of land approx. 30 acres which we purchased from DWR almost 22 years ago. We were told at the time getting it rezoned / changing the general plan to allow us to delvelop the property in some way would not be a problem. If you have any questions please call me at 510-739-0128 or Michael G Evans at 530-533-5898 (our local authorized agent). Sincerely, en� Verney Chun Tidewatchers Associate, LP 630 Ravenna Terrace Fremont, CA 94536 cc: Michael Evans Evans Fun Works 2360 Oro.Quincy Hwy Oroville, CA 95966 .DUTTE COUNTY MAY 18 2007 DEVELOPMENT SERVICES 0 COMMENT DISTRIBUTION LIST Plumber: Project County Offices and Cities: "X' :' Planning Division -- Assessor's Office - Mapping — _ Environmental Health — Ci of Biggs — �' gg — City of Chico Building Manager — City of Gridley — X LAFCo _ X 1 Agricultural Commission s cityof Oroville — Tof Paradise — ;X= Public Works/Land Dev — ,�( County Counsel Fire Protection: i BCAG ALUC APCD Butte Co. Farm Bureau Chico Airport Commission Chief Administrative Officer El Medio Fire Protection District f�-X California Department of Forestry — Domestic Water: OWID) Butte Water District r Thermalito S.F.W & P. Agency Irrigation District - California Water Service Co. Utilities: _ PG&E North - Chico PG&E South - Oroville Irrigation District: _ Biggs / West Gridley Water Richvale Irrigation Dist Sewer: L.O.A.P.U.D. Drainage Districts: _ Pacific Bell Viacom Cable TV _ Del Oro Water Co. Other Chambers Cable TV _ Durham Irrigation Dist. — Paradise Irrigation Dist. Table Mountain Irrigation Dist. — Ste rlipg City Sewer Main — Skansen Subdivision (CSA 21) Sacramento & San Joaquin Drainage Dist - Drainage District 200 Reclamation District No. 2056 — State Agencies: CalTrans Dept. of Water Resources Reclamation District No. 833 Reclamation District No. 2054 t Dept. of Fish and Game Federal Agencies: — U.S. Bureau of Land Management U.S. Forest Service Other Districts, Agencies, Committees, etc.: PA41r- 0 Butte Count epfDevelopment y Department o Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601'Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION * BUILDING * PLANNING January 26, 2007 TO: Ag Commissioner's Office FROM: Chris Tolley, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Verney Chun (Tidewatchers Associate, LP) REZ07-0001 APN: 035-130-074, 120,179 Date of .Inter -Departmental Review: 2/7/2007 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: February 7, 2007 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: February 21, 2007 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 2/7/2007, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The applicant is requesting Rezone of parcels 031-060-054 and 031-070- 084 from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Concurrently, the applicant is requesting a General Plan Amendment of the parcels from P -Q (Public - Quasi Public) to AR (Agricultural Residential). PROJECT LOCATION: the parcels are located northwest of Cherokee Road, 0.60 mile north of the Cherokee Road and Table Mountain Boulevard intersection, northwest of the City of Oroville. COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: P -Q (Public -Quasi Public) GENERAL PLAN: P -Q (Public -Quasi Public) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an email at ctolley@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. IDR COMMITTEE — APPLICATION COMPLETE: ❑ No (Please send response to Chris Tolley by February 7, 2007) ❑ Yes (Conditions/mitigation measures due by February 21, 2007) 0 0 BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.) DATE: January 18, 2007 AGENT: The Engineering Group APN: 031-060-054 & 031-070-084 FILE #: GPA07-.0002 & REZ07-0001 PLANNER: Chris Tolley *There are no Standard Conditions for a General Plan Amendment. PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ❑ 1. Prior to the issuance of building permits, obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. ❑ 2. Prior to the issuance of building permits, deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. ❑ 3. Prior to the issuance of building permits, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. ❑ 4. Prior to the issuance of building permits, dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels except at approved access points. B. DRAINAGE ❑ 1. Prior to the recordation of the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to the issuance of building permits, establish 100 -year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ❑ 1: Prior to the issuance of the Rezone, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.) DATE: January 18, 2007 AGENT: The Engineering Group APN: 031-060-054 & 031-070-084 FILE #: GPA07-0002 & REZ07-0001 PLANNER: Chris Tolley *There are no Standard Conditions for a General Plan Amendment. PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: D. SEWAGE DISPOSAL AREAS ❑ 1. Prior to the issuance of a building permit, the applicant shall meet the sewage disposal requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems within a flood plain/floodway. ❑ 2. Prior to the issuance of a building permit, those wells indicated on the site plan that are proposed to be destroyed in order to provide required usable sewage disposal areas, shall be destroyed under a valid Butte County Environmental Health Division permit. ❑ 3. In the nitrate area record executed Future Sewer Service and Storm Drainage Agreements. ❑ 4. Prior to the issuance of a building permit, meet the requirements of the (Watershed Protection Zone) (Villa Verona Moratorium Area) (Cohasset Specific Plan). E. INDIVIDUAL WATER SUPPLY ❑ I. Prior to the issuance of a building permit, provide a source of domestic water for the building on (lot) (parcel) ❑ 2. Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. F. PUBLIC WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. G. EXISTING COMMUNITY SEWER ❑ 1. Prior to the issuance of a building permit, under a permit issued by the Environmental Health Division, abandon the septic tank and connect the dwelling(s) on (lots) (parcel(s)) to public sewer. BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.), DATE: AGENT: The Engineering Group APN: FILE #: GPA07-0002 & REZ07-0001 PLANNER: *There are no Standard Conditions for a General Plan Amendment. January 18, 2007 031-060-054 & 031-070-084 Chris Tolley PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: H. BUILDING PERMITS ❑ 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. ❑ 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. I. EXISTING STRUCTURES ❑ 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire - resistiveness of existing buildings. ❑ 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. 0 • BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.) DATE: January 18, 2007 AGENT: The Engineering Group APN: 031-060-054 & 031-070-084 FILE #: GPA07-0002 & REZ07-0001 PLANNER: Chris Tolley *There are no Standard Conditions for a General Plan Amendment. PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: J. SITE DEVELOPMENT ❑ I. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Exhibit B" and dated 20 and is incorporated herein by this reference. ❑ 2. Prior to the issuance of building permits, the plans, incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. ❑ 3. Trash receptacle areas shall be enclosed by a 6 foot high solid masonry wall with view obstructing gates and a solid or semi -open shade cover. Plans to be reviewed and approved by the Planning Division prior to construction. ❑ 4. Prior to any use of the project site or business activity being commenced thereon, pursuant to this permit, conditions of approval contained herein shall be completed to the satisfaction of the Planning Division. ❑ 5. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical boxes, transformers, and backflow preventers, shall be screened from public view. Screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. K. LANDSCAPING ❑ 1. A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits. ❑ 2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access, shall be provided to and approved by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature trees removed shall be replaced by planting replacement trees of equal number and not less than gallon size. ❑ 3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, during the term of this permit. ❑ 4.' All graded slopes, over 5 feet in height, or on slopes greater than %, shall be seeded, planted, mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted to guarantee installation and established growth. ❑ 5. In parking lots of commercial and industrial development, trees of not less than 15 gallon size shall be provided to reduce heat gain from the paved surface and to soften the visual impact of the paved area. Such trees shall be planted at a minimum density of one tree every three parking spaces. Tree species shall be approved by the Planning Division prior to planting. ❑ 6. Prior to the commencement of grading and/or construction activity, all individual or groups of oak trees which are to be retained as part of the project, shall be fully protected through the use of root protection zones (RPZ). During construction, RPZs shall be established using protective fencing enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. Within this protective buffer, no grading, trenching, fill, or vegetation alteration of any kind shall be allowed. The RPZs shall be maintained after the completion of construction in order to continue to protect the oak trees, but the fencing shall be removed. L. GRADING ❑ I. During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division. Archaeological artifacts are defined as follows: ❑ 2. Prior to any clearing, grading and/or construction in a Federal or State identified 100 -year floodplain and/or streambed, the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404 permit or exemption certificate. M. ADDITIONAL APPROVALS ❑ 1. Prior to the issuance of building permits, payment of the North Oroville/Thermalito Traffic Impact Fees shall be made. ❑ 2. Prior to the issuance of a building permit for each new or additional living unit, the applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee. ❑ 3. Prior to the issuance of the Rezone, to insure the maintenance and continuance of the orchard or other agricultural use of the property, the property owner shall enter into the County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The agreement shall be recorded and recording fees paid by the applicant. ❑ 4. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. ❑ 5. This Conditional Rezone is granted for a period of month(s) at the end of which time it shall expire (unless the approving authority has held a hearing thereon and granted an extension. In connection with such an extension, the approving authority may add, change, or delete conditions). ❑ 6. Approval of this Conditional Rezone shall become null and void if the use for which it has been granted is not established within two calendar years from the date of approval. No formal cancellation or revocation action by the County will be necessary. ❑ 7. The developer shall display a current County Zoning and County Land Use Map in the sales office at all times, and/or suitable alternatives. ❑ 8. Approval of this application does not become effective unless, prior to 4:00 p.m. on 20_, the applicant shall sign and file with the Department of Development Services an Indemnity Agreement in a form satisfactory to the County Counsel. ❑ 9. Prior to the issuance of a building permit or prior to the issuance of a Rezone for a Mobile Home Park, the Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article II, of the Butte County Code. The fee amount shall be determined and calculated as of the date of application for building permit. ❑ 10. Prior to the issuance of the Rezone, the applicant or property owner shall sign and record the CSA 87 Traffic and Drainage Mitigation Agreement or pay the required fees. ❑ 11. Prior to the issuance of the Rezone, the applicant shall contact the Butte County Tax Collector's Office to begin the process of a Transient Occupancy Registration Certificate. A Transient Occupancy Registration Certificate shall be required within ten (10) days after commencing business for a motel, hotel, inn, tourist home, bed and breakfast, rooming house, apartment house, mobile home park, recreational vehicle park, campground, or parking area (See Chapter 23A). ❑ 12. Prior to the issuance of the Rezone, the applicant shall pay all outstanding County fees. BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.) DATE: January 18, 2007 AGENT: The Engineering Group APN: 031-060-054 & 031-070-084 FILE #: GPA07-0002 & REZ07-0001 PLANNER: Chris Tolley *There are no Standard Conditions for a General Plan Amendment. PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and.031-070-084. from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: ❑ 1. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. ❑ 2. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. ❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. ❑ 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures. ❑ 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. Butte County Department of Development Services TIM SNELLINGS, DIRECTOR / PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538 7785 Facsimile PROJECT SETTING DESCRIPTION Application Name: Verney Chun Project Number; BUTTE C®UNTY JAN 1 12007 DE VELOpMENT 6 /AA07-0!519-1- PC 2.02,0a9 / Identify any applicable proposed development schedule, including anticipated, incremental, or phased development and all associate projects. • Development of the lot is subject to Rezone and General Plan Amendment approval, as the property is not currently zoned for private ownership or development. 2. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal -agencies. • Permits will be required by Butte County Environmental Health & Building Departments. 3. Described the site as it exists before the project, including information on topography, soil stability, plants, animals and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. • The existing property is vacant and was previously owned by the Department of Water Resources. The site is located off of Cherokee Road between the Thermalito Power Canal and Western Pacific Railroad. The current topography of the site slopes from Cherokee road toward the railroad. There are no existing structures. 4. Describe the surrounding properties, including information on plants, animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.) intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). • Surrounding properties are currently zoned as Quazi Public, with the exception of the adjacent property, and properties to the northeast zoned AR -1 (see attached map). The City of Oroville does have property south of the project. An inquiry was made to annex the property to the City, but at this time this would also require a Sphere of Influence Amendment. At this time Single Family Residential development is proposed. Perk tests performed in May of 2006 do not support development further than that which is proposed at this time. As such future date when public sewer facilities are available, the property potential for a more dense development will be more feasible. Include any special studies prepared for the project site including, but not limited to traffic, biology, wetlands delineation, archaeology, etc. 0 No special studies have been prepared for the project at this time. THE ENGINEERING GROUP, INC. �Y. Development Engineering, Eco -Hydraulics, Surveying t January 11, 2007 Development. Seivices Department Butte County 7 County Center Drive Oroville, CA 95965 Subject: Rezone and General Plan Amendment Property Location: Cherokee Road, Butte Co. CA APN 031-060-054 & 031=070-084 Dear Planner: On behalf of our client Verney Chun, The Engineering Group, Inc. formally requests that assessor's parcel numbers 031-060-054 & 031-070-084 be rezoned to AR -5, with a, general plan of A -R. Proof of current property ownership has been provided as attachments in addition to the above mentioned Rezone and General Plan Amendment submittal package. If "there are any questions, please do not hesitate to contact me.. Sincerely, Amber Pierce Project Coordinator J 9 1 77 1250 East Ave. Suite 10 • Chico, CA 95926 Tel 530.899.0409 • Fax 530.899.0943 • e-mail. teg@theengineeringgroup.us Clipped from Butte County General Plan & Zoning Map dated 10/24/06 BUTTE COUNTY JAN 1 12007 DEVELOPMENT SERVICES 5 Request for Proiect Review Project Reference Number: REZ07-0001 and GPA07-0002 Project Title/ Applicant Name: _Verney Chun Assessor's Parcel Number(s): _031-060-054 & 031-070-084 Acres/ Linear Miles: Street Address: Cherokee Rd. North of Thermalito Power Canal Project Description: The applicant is requesting Rezone of parcels 031-060-054 and 031-070- 084 from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Concurrently, the applicant is requesting a General Plan Amendment of the parcels from P -Q (Public -Quasi Public) to AR (Agricultural Residential). The parcels are located northwest of Cherokee Road, 0.60 mile north of the Cherokee Road and Table Mountain Boulevard intersection, northwest of the City of Oroville. Project Location: Township: Range: USGS 7.5' Topographic Quadrangle Map(s): Section(s) Please enclose a copy of the relevant portion of the US GS 7.5' quadrangle map (1:1) with the project area clearly and accurately outlined Contact Person/Planner: Chris Tolley Contact Phone Number: 530-538-7603 Northeast Center of the California State University, Chico California Historical BUTTE GLENN SIERRA SISKIYOU Building 25, Suite 204 LASSEN SUTTER Chico California 95929-0377 Resources. MODOC PLUMAS TEHAMA Phone (530) 898-6256 Information System SHASTA TRINITY Fax (530) 898-4413 neinfociztr&suchico. edu Request for Proiect Review Project Reference Number: REZ07-0001 and GPA07-0002 Project Title/ Applicant Name: _Verney Chun Assessor's Parcel Number(s): _031-060-054 & 031-070-084 Acres/ Linear Miles: Street Address: Cherokee Rd. North of Thermalito Power Canal Project Description: The applicant is requesting Rezone of parcels 031-060-054 and 031-070- 084 from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Concurrently, the applicant is requesting a General Plan Amendment of the parcels from P -Q (Public -Quasi Public) to AR (Agricultural Residential). The parcels are located northwest of Cherokee Road, 0.60 mile north of the Cherokee Road and Table Mountain Boulevard intersection, northwest of the City of Oroville. Project Location: Township: Range: USGS 7.5' Topographic Quadrangle Map(s): Section(s) Please enclose a copy of the relevant portion of the US GS 7.5' quadrangle map (1:1) with the project area clearly and accurately outlined Contact Person/Planner: Chris Tolley Contact Phone Number: 530-538-7603 Agreement For Butte County Archaeological Resources Project Review By The Northeast Information Center (NEIL) The California Environmental Quality Act (CEQA) is the California State statute that requires the Butte County Department of Development Services to perform an environmental review on all discretionary land use projects, to identify the significant environmental impacts of the project and to avoid or mitigate those impacts, if feasible. Every development project which requires a discretionary governmental approval will require at least some environmental review pursuant to CEQA, unless an exemption applies. The environmental review required imposes both procedural and substantive requirements. At a minimum, an initial review of the project and its environmental effects must be conducted. Depending upon the potential effects, a further and more substantial review may be conducted in the form of an environmental impact report (EIR). A project may not be approved if feasible alternatives or mitigation measures cannot substantially lessen the significant environmental effects of the project. At the state level, CEQA requires that public agencies consider the effects of their actions on historical resources eligible for listing on the California Register of Historical Resources. "Historical resource" refers to buildings, structures, sites (prehistoric and historic), objects, districts, and all manner of properties containing material remains of past human life or activity. The Department of Development Services utilizes the Northeast Information Center (NEIC) of the California Historical Resources Information System (CHRIS) to identify projects that may have archaeological significance. The CHRIS is a statewide system for managing information on the full range of historical resources identified in California. This system is under the authority and direction of the Office of Historic Preservation (OHP), the State Historic Preservation Officer (SHPO), and the State Historical Resources Commission (SHRC). The Northeast Center of the CHRIS system, located at California State University, Chico, manages the historical resource records for 1 I counties, including Butte County. The Northeast Information Center will furnish a Record Search to Development Services indicating the archaeological/historical significance and sensitivity of the applicant's project area and additionally providing a recommendation as to whether further archaeological survey is warranted. If further archaeological survey is required, the application would be considered incomplete until the appropriate archaeological survey is completed and reviewed. The Department of Development Services will forward applicant's payment (by check) of $60.00 and relevant project application information required for the Records Search to NEIC. NEIC will provide the results of the Records Search to Development Services. Development Services will notify the applicant if further archaeological survey is warranted. The $60.00 fee does not cover the cost of further archaeological survey work. If further archaeological survey work is required, Development Services will work with the applicant to see that it is accomplished, according to set standards, by a qualified archaeologist. The applicant shall bear all costs associated with further archaeological survey work required to continue processing of the planning project application. THIS FORM MUST BE ACCOMPANIED BY A COPY OF A 7.5' TOPO MAP, WITH THE PROJECT AREA OUTLINED. THIS IS USED DURING THE REVIEW TO RESEARCH CULTURAL SITES. The undersigned applicant for the project as identified below has read and understood the Butte County Archaeological Resources Project Review process and agrees to fund the required Record Search to be provided by NEIC. Attached is a check for $ made payable to the Northeast Information Center for NEIC to perform the Records Search. Failure of payment to NEIC for this Records Search would result in the planning project application to be considered incomplete until payment of the $60.00 Records Search fee along with any related fees associated with non-payment (returned check charges, etc.) paid in full to NEIC. vm,v, Applicant Sign Verney Chun Applicant PRINTED Name &�59 � a Check Number Planner, File ber Revised 07/11/06 K:\Planning\FORMS\Applications\ProjecdnfoForm—AgenLNEIC.doc Date Q I� � r, r � } --•-- �,'� . 600 .�' ���, �...� /r%lf// �! � '/ � � ! ` �'_ /' '/' -t � ._..._../I` ,/ ! % V lith /!- IN •,`\C lit _ "��•�- � fi � • � : Yy� — (yp--�— � � � •�r 1 � 1�II � 1. SR Jwefl L ` red e Y M :•�i �.i J �.. iyhompso e;,nee . —�—"• , -•''� --., t,�... ' y 1.;� !� i , E I r t hip j / ' •!r RL _ 1 1 ��� (+,:' ,Ir ( ?*hermalitd,,`I'� ,tom __4 .ti �+pr� �;/� fir: za�. , _',' • _V _ �� i, i -M X11 vk , f FNDEF Butte Co y ♦.t! �\ s:"CI ,�`'il ... G<�� u t.��"Yi`F! 31160 i� 7. =:%�= ••• i •-�'' • : �� ,. [— : ��- --. o. 14` > EN •269 •••• ••/• '� �• a� ;� �� \Gd t f : , 1 �r� jj" ,, o $ , -1kf r `� •s.._. •�•�;, _ ll7l'jr �_ � `i . ;l:�•-. •���' � : �'� �,. +��! ����,� Sf 15 LirfiEr a�i t' t��' 19 - �__. ��• ��% • ['� .�: ' tt 250-, `�r• ' .�+ ' ��' a.�,�,, ; I+' ° ,� Feather REZONE & GENERAL PLAN AMENDMENT PLAT WITHIN SECTION 5 OF TOWNSHIP 19 NORTH, .._,x`; i i• ,yam r Z RANGE 4 EAST. M.D.B.&M. It�A1� ✓ f t� 7 ark BUTTE COUNTY, CALIFORNIA. RR OEM VERNEY CHUN /—' (i60 h� � M k se 630 RAVENNA TERRACE '!� ,� ( 52 • + '� �' � FREMONT, CA 94536 THE ENGINEERING GROUP INC. > @( TIMOTHY C. WOOD, R.C.E. 61779 �• 1 �'1�, a� •4 li 1250 EAST AVE. SUITE 10 •�{t S fG e r • , Ode �P �r .. w Park',M� _ • f r 4 . � CHICO, CA 95926 �5 f J jjfpJJ 1 59 Pit (sso) M-0400 Frac (530) 19e -OW •{' /---�lY' . �� F2?RO•I Stat. _. OECEMM 2006 SCALE 1' - 1500' 91MT 1 OF 1 PAY TO THE ORDER OF TIDEWAIIERS ASSOCIATE, L.P. 630 RAVENNA TERRACE FREMONT, CA 94536 FIRST BANK 1 2395 WILLOW PASS ROAD CONCORD, CA 94520 /1211 1032 DATE 10 s ARSB`` erg. //�� V � •� � ply 7G �� fcG990 ti�`J AUTHORIZED SIGNATURE pp i �,H F,�AF O HI, ROCU. E CO_ T'A�I 1S AY'7C .O• I. _ L :.• TrE Sl�it,1l IN _ ABS�N'G�O ES fiS�WIL , _,D C '[E�� AW �' Ott A I Nil A I I R Ell -.1 I I I I i 16; M- `I THE ENGINEERING GROUP, INC. Development Engineering, Eco -Hydraulics, Surveying December 29, 2006 Development Services Department Butte County 7 County Center Drive Oroville, CA 95965 Subject: Rezone and General Plan Amendment Property Location: Cherokee Road,' Butte Co. CA APN 031-060-054 & 031-070-084 Dear Planner, Please find 'the following attached items accompanying this transmittal: 1. Signed Rezone & General'Plan Amendment Applications o Project Description o Zoning.& General Plan snapshot o Reduced 11" x 17" Site Plan with Aerial 2. North East Information Center Application . o 8 '/a" x 11" Quad Map 3. CD -with digital files of CX2) o 18" x 26" Site Plan o - 18" x 26" Site Plan with Aerial o 8 '/a" x 11" Quad for North East Information Center 4. One Reduced '11" x.1 7" Site Plan 5. Evidence of Current Property Ownership o_ Preliminary Title Report o Creation Deed' o Current Deed 6.3.0 18" x 26" Copies of the Rezone/General Plan Amendment Site Plan 7. Checks for'the following fees: o $6585.50 - Rezone' o $8194.50 - General Plan Amendment o $14,781.00 to Butte County o $ 60.00` to the North East Information Center (NEIC) 4#/--W If there are any questions, please do not hesitate to contact me.Gf3iJN' K ti Sincerely, Amber Pierce Project Coordinator 1250 East Ave. Suite 10 • Chico, CA 95926 Tel 530.899.0409• Fax 530.899.0943 • e-mail. teg@theengineeringgroup.us k -Am�- 116-17m I b-qqbqqbmb, OOVRFW Von. t Fidelity National Title Company MIN OF CALIFORNIA 455 Oro Dam Boulevard, Suite A • Oroville, CA 95965 (530) 533-5511 • FAX (530) 533-1526 PRELIMINARY REPORT ESCROW OFFICER: Terri Rustmn ORDER NO.: 105053 LOAN NO.: TO: Coldwell Banker Lake Realty 459 E Oro Dam Blvd. Oroville, CA 95965 ATTN: Louise SHORT TERM RATE: no. PROPERTY ADDRESS: EFFECTIVE DATE: January 16, 2004, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: California Land Title Association Standard Coverage Policy - 1990 1 . THE ESTATE OR IN IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Verney. W. Chun, a married man, as his sole and separate property; .Sherwin S. Chun, a married man, as his sole and separate property; Quinlin Chun; a single man and Kerwin Chun, a -single man; each as- to a 1 /4 interest 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE UNINCORPORATED AREA, IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF RN\kar 01 /23/2004 BUTTE COUNTY JAN 1 1 2007 DEVELOPMENT SERVICES 1 1 • Order No. 105053 EXHIBIT "ONE" All that real property lying in Section 5, Township 19 North, Range 4 East, M.D.B.&M., County of Butte, State of California, said property lying Southerly of the North line of that property, described asARCEL'C'.in the Grant Deed recorded September 1, 1961, fry 3 n ;�o�ok 1 6 Page ti309 0 ficiaf.Records of said County, described as follows: BEGINNING at a point.intersecting the West line of Section 5 and the Northerly Fine of said "PARCEL C", from which the Southwest corner of Section 5 bears South 00044'1.7" East 2384:83 feet; thence from said point of beginning along the West Line of Section 5 South 00044'17" East 104.57 feet; thence leaving said We.st line South 40°58'15" East 52.04 feet; thence South 40058'15" East 400.00 feet; thence North 49"°0.1'45" East 125 42 feet to the Southerly �boundary of a Director's Easement Deed, recordedA�ugust'F23,1r977,�mBook 2203;,Pag;e4j560ffic,alJrRecord�rs of said County; thence along the"Sou'therly bdor° ary"'of said Easement South 65°28'45" East 821 .28 feet to the Westerly right of way line of Cherokee Road; thence along said Westerly right of -way the-foibwing 6 courses: North 35 °53'05" East 225.32 feet; North 31 038'06" East 83.24 feet; North 30019'06" East 145.36 feet; North 31 °01'54" East 140.87 feet; North 36018'10" East 69.37 feet; North 33000'22" East 326.46 feet to the most Westerly corner of the _O.rov:ill,e Water.U,C.om,p,anv.,.as._d.e:scr,ibe.dr;in„the �,G�rant��DYeetlrrecorded J�uly;�,25,;1898m°Boo,k 50_ot Deeds;gat';Page�5.6,0.?o:t�said>:G'ounty, r saidWesterly corner'beirig ,moi�L"fmented-by a 3/4 -inch iron pipe with plastic cap stamped "CALIF. D.W.R."; thence along the Westerly boundary of said Oroville Water ,Company property the following 2 courses: North 24000'55" West 779.95 feet to a 3/4 -inch iron pipe; North 73"30:45" East 350.53 feet to a 3/4 -inch iron pipe with a plastic cap stamped "CALIF. D.W.R."; thence leaving said Oroville Water Company property North 08006'15" West 278.12 feet to the Northerly boundary of said PARCEL "C"; thence along said Northerly boundary the following 4 courses: along a curve to the left having a radius of 1247.34 feet through a central angle of 3710513", an arc distance of 807.39 feet; North 48140'00" West 90.00 feet; South 41120'00" West 699..62 feet; along a curve to the right, having a radius of 1537.34 feet, through a central. angle of 21 108'31 ”, an arc distance of 567.27 feet to..the point of beginning, containing, after making exception, 30.10 acres, more or less. €XCEPTINgG THEREFROM The, parcel of land described in the Deed recortledtApr 1 1, ALSO EXCEPTING THEREFROM: All geothermal resources and all minerals, oils, gases, and other hydrocarbons by whatsoever name known that may be within or under the parcel of land hereinabove described without, nowever, the right to drill, dig or mine through the surface thereof. Assessor's Parcel No: 031-060-054 and 031-070-084 2- ITEMS: (Continued) Order No. 105053 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2004-2005. 2. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2003-2004, Assessor's Parcel Number 031-060-054: Code Area Number: 104-004 1st Installment: $65.68 delinquent plus penalty of $6.56 2nd Installment: $65.68, not marked paid Land: $12,099.00 Improvements: $0.00 . Exemption: .$ Personal Property: $ Affects a portion of the premises. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2003-2004, Assessor's Parcel Number 031-070-084. Code Area Number: 104 -005- 1st Installment: $72.13 delinquent plus penalty of $7.21 2nd Installment: $72.13 not marked paid Land: $13,335.00 Improvements: $0.00 Exemption: $ Personal Property: $ Affects the remainder of the premises. 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing 'With Section 75) of the Revenue and Taxation code of the State of California. 4. Easement(s) for the purpose(s) shown below and rid hts.incidental thereto as -granted in a document; Granted to: Development Syndicate Limited, et al Purpose: Road Recorded: December 18, 1895, Book C of Covenants; Page 248, ,,of..... Official Records The exact location and extent of said easement is not disclosed of record. C-1 ITEMS: (Continued) • Order No. 105053 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Oroville Water Companys Purpose: Water pipeline Recorded: October 17, 1919, Book 182 of DEEDs, Page 16, of Official Records The exact location and extent of said easement is not disclosed of record. 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The Western Pacific Railroad Company Purpose: Construction, operation and maintenance of facilities �M1 Recorded: September 12, 1975, Book 2014, Page 316, of Official >; Records and re-recorded January 2.1, 1977, Book 2138, Page 135, of Official Records: The exact location and extent of said easement is not disclosed of record. 7. Easements) for the purposeI(s) shown below. and rights incidental thereto as granted .ina document; Granted to: Lorraine'E. Spinelli 3 Purpose: Road. Recorded: April 23, 1977, Book 2203, Page 456,. of Official Records. Affects: The Southwesterly 60 feet. END OF ITEMS Note 1. There are NO deeds affecting said land, recorded within twenty-four (24) months of the date of this -report. Note 2. The name(s) of the buyer(s) furnished with this application for Title Insurance is/are: .Steven K. Barham and Stacy L. Barham If these names are incorrect, incomplete or misspelled, please notify the Company. Note 3. Effective January 1, 1998, there are new guidelines for documents that are recording in Butte County. (1) the right and left margins on the document have to be at least one-half of an inch. Documents will -not be recorded that do not comply with these margins: This includes typed text and signatures. (2) any documents over 8 1/2 X 11 will be charged a penalty. Please be aware of these changes. Please change your documents accordingly. 4 ITEMS: (Continued) • Order No. 105053 Note 4. California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003, provides that the buyer in all sales of California Real Estate may be required to -withhold 3 and 1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. Note 5. "Section 12413. 1, California Insurance Code became effective January 1., 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any' funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to . avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. Note 6. The charge where an order is cancelled after the issuance of .the report of .title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the report cannot.be can "no fee" pursuant to :the provisions of said Insurance Code, then the minimum cancellation fee shall be $360.00. Note 7.- California Revenue and Taxation Code 18668, effective January _1, 199-1, requires that the buyer in all sales of California Real Estate, -wherein the Seller shows an out of State Address, withhold 3-1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. 5 EXHIBIT A AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule 6, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. GovemmentaI police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use • improvements on the land . • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take, the land by condemning it, unless: • -a notice of exercising the right appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you if you bought the land without knowledge of the taking 3.Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Data -unless they appeared in t records that result in no loss to you • that first affect your tide after the Policy Data - this does not limit the labor and mat coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: ' • to any land outside the area specifically described and referred to in Item 3 of Schedule SCHEDULE B EXCEPTIONS In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in. Item 8 of Covered Title Risks. or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Tide Risks. he public 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in hem 12 of Covered Tifle Risks. 4. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys'.fees or expenses which arise by reason of: 1. la) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a.notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Data of Policy. ' (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Data of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters:. (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Data of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transactionevidenced by the insured mortgage and is based upon usury or any consumer credit. protection or truth in landing law. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: PART 1 1 . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that 3. Easements, liens or encumbm'nces, or claims thereof, which are not shown by the public records. levies taxes or assessments on real property or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary lines, 'shortage in area, encroachments, or any other facts which which may result in taxes or assessments, or notices of such proceedings, whether or not shown by a correct survey would disclose, and which are not shown by the public records. the records of such agency or by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the 2. Any facts, rights, interests or claims which are not shown by the public records but which could be issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under ascertained by an inspection of the land or which may be asserted by persons in possession thereof. (a), (b). or (cl are shown by the public records. EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92). WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1 . (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulationsl restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting, the land has been recorded in the public records at Data of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a' notice of the exercise thereof or a notice of a defect, lion or encumbrance resulting from a violation or alleged Violation affecting the land has been recorded in the public records at Date of Policy. 2: Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Data of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: . (a) created, suffered, assumed or agreed to by the insured claimant . (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in'writing to the Company by the insured claimant prior to the data the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that*this policy insures the priority of the ben of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements. under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Data of Policy, or the inability or failure of any subsequent owner of the indebtedness-, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this .policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or ' (III the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where.the.pmferential transfer results from the failure: (a) to timely record the instrument of transfer: or fb) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance orgovemmental regulation fincludinp but not limited to building and zoning laws. ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (ii) the'character, dimensions or location of any improvementnow or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violationeffecting the land has been recorded in the public records at Data of Policy. IN Any govemmentel police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged . violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would .be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or, created subsequent to Date of Policy, or ' (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Any claim, which arises out of the transaction vasting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws,.that is based on: (i)' the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (iil the transaction creating the estate'or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or Ib) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. The above ALTA policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. levies taxes or assessments on real property or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which which may result in taxes or assessments, or notices of such proceedings, whether or not shown by a correct survey would disclose, and which are not shown by the public records. the records of such agency or by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the 2. Any facts, rights, interests or claims which are not shown by the public records but which could be issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under ascertained by an inspection of the land or by making inquiry of persons in possession thereof. (a), (b) or (c) are shown by the public records. EXHIBIT A (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE 00-17-98) EXCLUSIONS In addition to the Exceptions in Schedule 8, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or .violation of any law or government regulation. This includes ordinances, laws and regulations concerning: "building b. zoning C. Land u d. improvements on Land , e. Land division f. environmental protection This Exclusion does not apply to violations -or the enforcement of these matters if notice,of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed -in accordance with applicable building codes. This Exclusion does not apply ro violations of building codes if notice of the violation appears in the. Public Records at the Policy. Data. 3. The right to take the Land by condemning it, unless: a. notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding,on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created,allowed, or agreed to by. You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless "they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. ' 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. RESIDENTIAL TITLE INSURANCE POLICY ONE -TO -FOUR FAMILY RESIDENCE ENHANCED VERSION (1997) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. "This includes building and zoning ordinances and also laws and regulations concerning: aI land use; b. improvements on the land; c. land divisions; or d. environmental protection. This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Data. ' This exclusion does not limit the coverage described in Item 12e and d, 13 and 1;8 of Covered Title Risks. 2. The right to take the land by condemning it, unless: a. a notice of exercising. the right appears in the public records on the Policy Date; or b. the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: a. that are created, allowed, or agreed to by you; b. that are known to you, but not to us, on the Policy Date - unless they appeared in the public records; c. that result in no loss to you; or d. that first affect your title after the Policy Date - this does not limit the coverage described in Items 3b, 8, 17 and 19 of Covered Title Risks. 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A or (b). in streets, alleys, or waterways that touch your land. This exclusion does not limit the coverage described in Items 5 and 12a of the Covered Tide Risks. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys fees or expenses which arise by reason of: 1. lel Any law, ordinance or govemmental regulation (including but not limited to zoning laws, ordinances, or regulationsl restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvements now or hereafter erected on the Land ; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part; or (iv)envircrimental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extant that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been mcorded.in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12. 13, 14, and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been•mcorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has bean recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22 ,23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. , 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as "provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(el and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as tc advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. S. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Data o' Policy, and'all interest charged thereon, over liens, encumbrances and other matters affecting the title: the existence Of which are Known to the Insured at: (a) The time of the advance: or " (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate o interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk S. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on c after Data of Policy in accordance with applicable building codes. This exclusion does not apply t• violations of building codes if notice of the violation appears in the Public Records at Date of Policy. Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"),and to. whom it is disclosed, will form the, basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may. collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates, or others; • From our internet web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities, or from .our affiliates or others; and • From consumer or other reporting agencies.. Our Policies Regarding the Protection of the Confidentiality and Security of Your Persona 1.1nformation We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to'the Personal Information only to those employees who need such access in connection with providing products'or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates,, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third -party contractors or service. providers who provide services or perform marketing or other functions on our behalf; and • to others.with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for.example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion Certain states afford you the right to access your Per Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer 'Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. AJ:: riy ii�2 %�4=,;. X,n' t ireby.- grant,. MSL AiWSAnios ia, of Qlti9ls�� Redorde" act, pajj!!_ * _ed MP T-' 524M tMidv7'TruitjTw RON N COPJVBAT10A.- or &uucA W. -L l`A D La. ojp. IMUNYAW a BY: ThUS YAMOT131 M AP -1.7 V, 3 =fibisrr,; wilb4'sookof Truite4ax4too,i4 ireby.- grant,. MSL AiWSAnios ia, of Qlti9ls�� Redorde" act, pajj!!_ * _ed MP T-' 524M tMidv7'TruitjTw RON N l`A M AP -1.7 V, Ix 4, NOTE; neu p.,W' 0r6 for aaau6menl Pu1p03- 0Wy and mar A01 COMWWO 16901 Pureelt. 11 Assessor's Map o.31-06 TH OM PS ONS FLAT M. 0. R. Sk 1 Pq 5 County_.of.Butte, Calif. THIS IS NOT A SURVEY ------ THIS / THAT MAP AND IS PROVIDED SOLELY TO ID N PL LOCATINPGTHE LSNFIDELITY NATIOND IN RESpECTOALO TSE GO. ' OTHEROSS p, �OSY(�BEASON OF RELIANCE O;;LURR THEREON. S T 19 N R. 4E U.. 'D B hl .. .. I N • 32 33 3.1 6 5 2 10 - a` y 565 a 5 (, 4 IL/AG . 58 Ae 01.17AC jLL�1) o \.\ '5$4.87 {� c 16 85.01AC 'po- '. N PSOrJJM oM" 14DITCH DH _ J _ 3r: .- ' F L- Q 4 11 W P R R (Relocated /9621 \\\ BK O6.r2ae' 24 5 120'-- SBE?BB6-4-S1-4 no 32 22996 AGr 26 N .55AC a�3_ ERY 202 Ac o L 30/A2 3.62FC .6S7AC.� \ < 11 I ' A NOTE; neu p.,W' 0r6 for aaau6menl Pu1p03- 0Wy and mar A01 COMWWO 16901 Pureelt. 11 Assessor's Map o.31-06 TH OM PS ONS FLAT M. 0. R. Sk 1 Pq 5 County_.of.Butte, Calif. THIS IS NOT A SURVEY ------ THIS / THAT MAP AND IS PROVIDED SOLELY TO ID N PL LOCATINPGTHE LSNFIDELITY NATIOND IN RESpECTOALO TSE GO. ' OTHEROSS p, �OSY(�BEASON OF RELIANCE O;;LURR THEREON. T?*m poreeh are for assessment purposes onts and mol nor 0-riro1e legal Parae/s. Assessor's Map No. 3/= 07 County o -f rufte, Calif. REVISED, n-94' THIS IS NOT A SURVEY THIS IS A COPY OF THE COUNTY ASSESSOR'S PLAT MAP AND IS PROVIDED SOLELY TO AID IN LOCATING THE LAND IN RESPECT TO ROADS AND OZ -HER PARCELS. FIDELITY NATIONAL TITLE CO. ASSUI"; FS NO LIABILITY FOR ANY LOSS GCC:_ I it?iid�a BY REASON OF RELIANCE THEREON. • 0 SEP -08-2006 03:35 �D VALLEY TITLE & ESCROW �� t�� P.05 / -- Tke atATO OF CALMOAN[A scum by and thraeA im Dwmftw at Wmam Breafoiet VMS" M Smatel PL Chun, a single =4, as tis sole and sYparate RapmM an sh" Mal /M001W it Butte «.. &mectCab&eaia:iaftmbm identified in the records or the peparvn t or Matte Aesourves on: Det °Parcel- 90.. Arm ftute Reseraatlan T.cAir.-Aq6••8 3D.10 aeeas Fee Minmrals and Aescribed as ftll,ays: (In the evert of any dlscrepanq. between the above identification anQ seal prop el-ty described herein, the real property deaeriptioo rill cartrai_) ttssar WNW" m 0 L 'i ''wm M 7W ftLm sp 47:_ RI7(I ptrAY �i �!S • ♦ t 7�r RYA •���r IA1 D.�t ri+�Lal�►.r0.r BUTTE COUNTY . JAN r 1 2001 DEVE 'OPMENT SERVICES a r.>l uWOWA& '." Wsougm AGP.Jcv *&*MA%tMT OF MALA IMPOUS f cf *L' •� G�0:ICYJJ.�FCAa �t�aoYYEsiY� . l9B5 ai -� 'IN 27 wrsm Wcomm AVA To REAMM K ED FWA DFPAR'f~ OF WAM MOYRM foa..�a Cs�wwli�A - Arm: Panols or"= ^BOWE TONS Loa t1V4 ItssCpmYYYatti vat DIRECTOR'S DEED jj�ir Tke atATO OF CALMOAN[A scum by and thraeA im Dwmftw at Wmam Breafoiet VMS" M Smatel PL Chun, a single =4, as tis sole and sYparate RapmM an sh" Mal /M001W it Butte «.. &mectCab&eaia:iaftmbm identified in the records or the peparvn t or Matte Aesourves on: Det °Parcel- 90.. Arm ftute Reseraatlan T.cAir.-Aq6••8 3D.10 aeeas Fee Minmrals and Aescribed as ftll,ays: (In the evert of any dlscrepanq. between the above identification anQ seal prop el-ty described herein, the real property deaeriptioo rill cartrai_) ttssar WNW" m 0 L 'i ''wm M 7W ftLm sp 47:_ RI7(I ptrAY �i �!S • ♦ t 7�r RYA •���r IA1 D.�t ri+�Lal�►.r0.r SEP-08-2006 03:35 `D VALLEY TITLE & ESCROW P.06 I All that real property lying in Section 5: 2brnaaip 19 eartb, tMW D East. M:D.M., County of Butte. State of California. said.propc--ty lying Southerly o. the North line of that prnperCy deaa-lbed as -PAR= C• in the Grant Deed recorded September 1, 1961, to Hook 11 %, Page 309, 'OMClal Reoards of said County, described as follows: BEGLDitMM at a point intersecting the Vest line of Section 5 'sod the Northerly line of said 'PARCEL. C•,f froe ubleh the Southwest corner of Section 5 bears South 000 441 17" East 2380.63 fleet; 7MENCE FROM SAID Porn OF BEGIIa m along the West Line of Scotian 5 South 00° 44' 17` East 164.57 feet; taeaee leaving said Weal lice Soutp W so- 15' last 52_04 fact; thence South 400 58' 15` East 400.00 feet; these North 490 01' 45` Fast 125.42 feet to the Southerly boundary of . s Director's Fasewnt Deed, recorded August 23. IM, 1n Book 2203. Page 456, official Reeorda of -said County; U along Southerly boundary of said. Easkwnt South 'W 29. 45" East 621.28 feet to the Westerly Right of Way Line of Cherokee Road; ' thence along said Westerly Right of ft the following 6 sasses: (1) .North 35' 53' 05• Fast 225:-32 feet; i (2) North 31* 38' 06' East 83.24 feet; i (3) North 30. 191•06" East 115.36 feet;. j (4) North 310 01' 54' East 140.87 feet; (5) North 360 181 100 Fast 69.37 feet; i (6) North 33`00' 22' oust 326.46 feet to the a=,, VlesWly corner of the Oroville Water Ccapany, Hs described in the fount Deed, recorded July 25, 1698, in Book 50, Page 560, Book of Deeds at said County, ;aid Westerly Bonner being sra.eated by a 3/4-100D iron pipe vitt plastic cap cusped 'CAL11". D.V.R.`; thence along the Westerly boundary of raid Oroville Yater OospagOr pe CPO the following 2 coi.exa: (1) North 240 00' 55' West T/9.95 feet to a 3/4-inn iron pipe; (2) North 73' 30' X56 East 350.53 feet to a 3/4-10ch iron pipe vita plastic cap staLVed •CALIF. D.II.R.'; thence leaving said Orovi:le Water Company property North 08. 06' 15` Vest 278.12 feet to the Nor`herly boundary of said PARCEL 'C`; thence along said Northerly boundary the following 4 courses: (1) hong H curve tot1 a lett having a radius of 1247.31 feet throe .a. j cenral angle of 31• 05' 130, an aro distance of 807.39 feet; t(2) 'h 48. 40. 00• Wtst 90.00 feet; -(3) south 41. 20. 00- stat 699.62 feet; (A) Along a curve to the right, having a radius of 1537.34 feet, throw► a ventral angle of 210 08' 310, an are distance of 567.Zr feet to the Point or Begirt+,%g, containing, aftW I&Mng tion 30.10 acres, Mame or lame. EXCEPTING T*mRFFRm that g. w, acre parcel of land described in the j Deed, recorded April 111 1695, in Bosh 40, Page 39, Book of Deeds of i said County. EXCEMNO I.HEREFliOM all gr�therwal resources and. all minerals, oils.. gals, and other hydrocarbons by ,diatsoever name known resat My be within or under the parcel of land her'einabovt described without, however. the right to . drill, dig, or mine through the surtl%ee thereof. SEP -08-2006 03:39 MP VALLEY TITLE & ESCROW P.oG/oe er V .1dOoK 5-30 ko All that real property lying in Section 5' TOAi>n1p 19:'Korth, tww 4' Wt, M.D.M., County of Butte, State of CLilfbrnla: MU-P-ow-ty Irw Southerly of the North line of that property described as -PAk= C1 in the Grant Deed recorded,SeptemDer 1, 1961, in book 1136, Page 369, QMcU1 Aecorda of said County, described as fdUw3: BEGDQMZ at a point intersecting the West line of Section 5 and the Northerly lir* of said 'PARCEL Cwj froo wh1eh the,,Soahmwt-0orpW of Section 5 bears South 000 441 17- Fast 2354-83 feet.- 7MNCE FROM SAID POINT OF DMINKM along the West'.11 a of 300tim 5 South 000 AW 17v'East 104-57 feirt; theme leaving said Wen line South W 58' 15`..'Bast 52.04 rest; thence South 400 58, 150 East 400.00 flaet; thence North 490 01* 45' East 13-42 feet U; Southerly boundary of. a Director's Easemment Deed, recorded August .23. 1977. U ftl* 2203, Page 456'r Official Recorda of said County; thence along Southerly boundary or said Eazment South'W 281 AW . East- 821.28 feet to th. Westerly Rigkit of Vay Line of Owvim Romid; thence along said Westerly Right of Waly/the folIevW 6 emu-jm: (t) North 35@ 53' 00 - Fast Zav, '.-32-' fleet: (2) North 310 38' 06' East 83-7-4'rist; (3) - North 30•' 19'.06` East 145.36 fleet; (4) North 31* 01' 54' E1119ft 140-87 feet;, (5) Worth 360 18' 100 East 69-37. fleet; (6) North 330 00' 22' Sast 326.46.reet to the mou vesurly ooraw or the OrovUle Vater Ciampaiv, as described - in the Grit Deed, recorded July 25,.1898, :in Book 50..Pao 560, Book of Deeds at said County, ;aid V63terly confer being lmzzated by 'k 34--luM iron pipe vitt plastic aap stamped 'CALIF. D.V.R.G-. thence along the Westerly dary of raid Orotille Vater Company Pirovarty the following 2 emmes: (1) North 240 010' t- Vest rr9.95 feet to a 3/4 --inch Iron P40; (2) Worth 73* 30',:W56 East 350-53 feet to a 3/4-1113ch Iron PLPe With . plastic cap eta ved QCALIF.-D.V.R.*; thence leaving said:Qrovi: le Vater Comvwy property North 089 .06' W West 278.12 feet to ;the Nor%herly boundary of sand PARCEL "CO; theme along. said ,Northerly boundary the following 11 courses: (1) Along rA curve to tie left having* a radius of 1247.34 fleet throj&.a central angle or 310 051 130 an am distance of 8177.39 rest; North ka. 40, Dow vtst.90.00 feet; (3) South.."116 20' 00% ivk3t 699.62 fleet; (4) Along a -curve to.the right, having a radius of 1537'.34 feet, through a central entral angle or 21'* 08' 310, an,arc distance of 56T.ZT feet to `�,the Point or Beginn;ng, containing. after taking exception. 30`.10 acres, DOM Or 168b. -RM that 9.Q acre Weel of land described in the Deed. recorded. AprU 11, 1895, in Book 40, pap 39, Book of Deeds of said Cq�wty. EXCEPTTWO THEREFROM all er�tberml reaourcem* and.'al.l winerals,'ol3ls. mutes, and other hydrocarbons by wkatwever name knovh twat limy be within or under the parcel or land hereinabove described without, hakiever. the right to drill, dig, or mine through the surface thereof. SEP -08-2006 03:39 VALLEY TITLE 8 ESCROW P.08i08 o4bion to q+d.l -amamemu. if any, t.et>ri�li9n: reow�etiem- amd oeeeome- et..rael ' TAe DinaordWates Paa9aee« ba. delwmieed that ti a aeld reel piro/eO -e>osited for etwr►e.sdeeolo0�M1 _ puroceA. M no hftgt nejded gnJ is nd norr being need for -etv drwdopal"A paetmeS . !; 04 aomroyanee M Qo/m d pwwaaatL'00 lgJwriti vmoAd in the De+aftw of Wow i aoarms by lie. ' Dead .r.ie. J �[+ ' .19 awshne%F old 2 f Z�' STATE OF CAL]FORPRA DEPAWMENT OF WATER RESOVRM D n� D®cTos of wAm amum I'boroby oortiry feet sli oonditioax for ""*%sea net forib is State AdaiDiotratIvo s meal Boostsf 1209 have beoa cotopilod •ith god tato de lo"11 Is exempt from rr.irw by tas iopa"Osat of AQW6e STATE OF CAL YOWL _ COUNTY OF&&CRA>t EWE 111 :wbiJt'r�tit►.'.:..s• • on two--- day of -IT'- aL 4A • , in the,yaat 1S9A'___, botam 04 ande»i�nod ■ Nvtaq Pr tic in oeUo► the SLate of Caldarmn, w-Ame tbaei0. dray aemmiatioa/d aad MOM perionallyeppe-+e paaonallykno—someorprorodsome on the h aL, of stmdaoacy ewidenor to be the _ ' Up== of the Doyrrtoean t of W-uer Resources of the Sine of ormia. that oseeat,d rhe unthim ireoremank and -1109 personally know to me or proved to the an the bae:e of antie(W- 7 to W__ to tte the pe. •.ho c -rested the same M behalf of the State of California. and he -dmorledsed to me that tae Star of CoUiornis , iecstod the aame- Wr7WE" my band wA ofLi" emL 10^ (Beall w C.e+a o1 Gfea I:•.rl I:, 7f61 NiO�r yes■ �• •f C.NIr►+e •...•........... •. r .............• JUL--07-2006 04 11 RECOII11" Rt9QUEBM BY Q1AN m CHUN VdiEN RECOROW kWLTO AND MAIL TAX STATEMENTS TO TIDEWATCHERG ASSOCIIATE, LP. 0.10 RAVENNA T®iR M FREMONT, CA 04W VALLEY TITLE & ESCROW 0 D I.5 l I t"114 I PEC FEE Me Official btoordr I aYMrr of I PE1RTY Pal PRE 9.• enol Jte9u8s 1 maw PEB it," �F L1eY-Iboordtarl 1 I IE ftam it -da -m 1 pop I of d . 0110101118101 GRANT DEED P if THE UNDERSIGNED GR#NTOR(o) 06=1kEja) DOCUNDMAY TRANSFER TAX Is i_NCNI -(8mmpWn 11=D) tk) cwwAod ai fue settle of popMp aomwAd. or () computed oa (W vahu lees vain of par a ancumbranoee Wnetnlns M tame o1 We, (� UnInimmoroiled mx Goody of atilt. Tay Pilml No. APN 03140464-M APN 0314YR 0 000 FOR A VALUABLE CONSIDERATION, BONNA FIDE GIFT AND GRANTOR RECEIVE NOTFIING IN RETURN, Quirdin'Chun, on unmardW mon, Verney W. Chun, a maided mon, ss his sepwaled progeny, Sherwin S. Chun, a married man, as, his separate properly, and Korvin Gum, an unmrdW man homW GRANT(s) to . Tldewotehers Asiodit LP. the IblWnp daurlbed res! pmm y In this unlncmporated area of the Count' of Butte, State of Callfomla DWR Poroa) No. T.C. & F4-13 Lagsl doaMpdort Mr, ad here and made a pad hereof mmiaed ee adtW'JV E)ubd 110'•OS STATE OF MF MIIA . OOUW1'1r OF 2 Onlurr Dom ma a notary rtte fpr COWIQI err etm pwm A v offmi t+. VW YnWA b me (or omad b ar eo Thr utile er 11 1trab I &Awroe) lots the person(e) IsEd to the to hei ghw" swam ttr Isar In MNtrasWr ttu@lortad a0 Or peteon(s), or the ardor upas !rook of Wdo dr ptleentr) eab i, ancead Do Irudn V nwwo aw IUM arq oatelm ow, . G -� Qulnlln Chun Vom W. h unEun S (, L Kenton Chun We wAosgmd b Or wft kohmot end try NelheftertlentwWanIdsb%V ma � •M� L•IDY !%oommuftwy.sive P.02 BUTTE COUNTY JAN 1 12007 DEVELOP VENT SERVICES " JUL-07-2006 04:11 0 VALLEY TITLE & ESCROW M0.927 P.9i12 Order No. 5-107897 i SCHEDULE C THE, LRND P 91RRBD TO HEREIN 18 DESCRIBED AS POLLONSr ALL iTHAT CUTAIN RVAL, PROPERTY SITU= IN THE C0[1 = OF BUTTE, - STATS OF CALIFORNIA, DESCRIBED AS FOLLOWS; ALL .THAT REAL MPERTY LYING IN SRCPION 5, TOWNSHIP 19 NORTH, RANGS 4 EAST, M.D,N., COUM OF BUTTE, STATE OF CALIPORNIA., SAID PROPBRTY,LYING SO' LY OF THE NORTH LnM OF THAT PROPERTY DBSCQRIBIM A6 "PARCEL C" IN THS GRAMT DERD RE'CORDBD 88P`'1'BMER 1. 1961, IN DOOR 1136, PAN 3 0 9 , OFFICIAL RECORDS OF RAID COUNTY, DESCRIBED AS FOLLONS: B1=1169ING AT A POINT INTEI.9ECTING TSE VMT LINE OF BEC71CH 5 An THE =Rt RLY LINS OF SAID 'PAAC8L C", FRAM WHICH THE SOLITIN887 CORNER OF. BECTICK S BEARS SOUTH 000 44.' 17• EAST 5394.83 FRET; TJGMM FROM SAID POINT OF BEIiI MING ALCM TBR MST LIME OF SECTION 5 SOUTH 000 44' 17F . WT 104.57 PSI TMMC S. L]MVIM SAID W99T LIM SOUTH i0" 98' 15" EAn 52.04 FBRTI TSENC2 SOUTH 40 56'' 1S" EAST 400.00.FESTI THENCE NORTH 490 01' 45• EAST 125.42 FEST TO TRB 80UTMiRLY BOUNDARY OF A DIRSCliOR'S $ASEI4ENT D88D, RECORDED AUGITBT 23, 1977, Its BOOK 2203, PAGE 456, OFFICIAL RECORDS OF SAID COUNTY; Ti09= ALONQ SOUTHBI:LY BOUNDARY OF SAID HMMMT SOUTH 650 28' 45. BAST 821.29 FEET TO THE WESTERLY RIGHT OP WAY LIKE OF CHBROi@E ROAD; THU= ALONG SAID WESTERLY RICHT OF WAY THE FOLI.ONM 6 COURBES: -(1) NORTH 350 53' 05" EAST 225.32 FEET; :(2) NQRTH 310 30' 061 ZUT 0 .24 FEST; 13) NORTH 30" 19' 06° EAST 145.36 FIRT1 .14) NORTH 31. 01' S4. 2MT 140,87 l8rl 5) NORTH 369 19' 109 EAST 69.37 FEET; .(6) NORTH 33' 00' 220 BAST 336'.46 FEST TO 'THE MOST WESTURLY CORNER OF mix ORMLLB NATER COMPANY, AS DSSCRum IN THE GRANT DEED RBCORDED JULY 25-0 1098, IN HOOK 50, PA(B Mo"? 8001t OF Dmm of SAID COUMy, SAID WEBTRRLY CORNER SBING M MOM8PTED BY A 3/4 -INCH IRM PIPE WITH PLASTIC CAP STANP'BD "CALIF: D.N.R. " I THENCE ALONG THU W68TMMY BOUNDARY OF SAID OROVILL2 MTER CO)OANY PROPERTY THE FOLLOWING 2 COUR883': (1) NORTH 34. 00' S5' BEST 779.95 FEET TO A 3/4 -INCH IRON PIPE; (2) NORTH 73. 30' 4511 BAST 350.53 FEET TO A 3/4 -INCE IRON PIPS WITH PLA6?IC CAP S'TAKPBD "CALIF. D.N.R.'; THBQLEAVING SAID OROVILLB NATBR COMPANY PROPM= NORTH 08° 06' A NEST -278.12 FEST TO THE NORTHERLY BOlMRRY OF SAID PARCEL °c"; THENCE ALONG SAID NORTHERLY.BOMMARY TE$ FOLLOWING 4 COURSES.- (1) OURSES:(1) ALONG A CME TO THE LEFT HAYING A RADIUS OF 1247.34 FEET THROUGH A CENTRAL ANGLE OF 37. 05' 130, AN.ARC DISTANCE OF 607.39 FEST; (2) NORTH 48. 40' 00° NEST 90.00 MMT; (3) SOUTH 410 20' 00' NEST 699.62 FEST, (4) ALONG A CURVE TO T88 RIGiRT, BAYING A RADIUS OF 1337.34 FEET, THROM A CEAI, AME OF 210 08' 31N, AN ARC DISTMICE OF 567.27 FEST TO THB POINT OF BEGINNING, CONTATNTNO, AFTER MAKING EXCEPTION,. 30.10 ACM, MME OR i,ES0 . EXCEPTING THEREFROM THAT 9.18 ACRE PARCEL OF LAND DSSCRI88D IN TIM DEED, RSCORDED APRIL 11, 189S, IN HOOK 40, PAGE 39, BOOK OF DEEDS OF SAID COUNTY. P.03 T-07-2006 04: 11 �D UALLEY T I TLE & ESCROW P.04 JgM.28.MM 11:4GM N0.927 P.1W12 khzder No. 5-167069 i BYCSPTM THEREMM ALL QWTMMMAL AESOURCM M AM mn AALs, OILS, G u, AND OTRBR E DCRiMM BY WMTSOEVER MM KNOW THAT MAY BE NITMN OR MMER TIM PARCEL OF LAM M ZNMOV$ D98CMI890 YMOOT, HOIIBVFA, MIS RIGHT TO DRILL, via,, OR MIM Thi+ UM THE SURFACE THERBOP. SUMMT TO SPSCIAL ASSESMONN, IF ANY, R86TRIC ION6, RESMMTIOAS , AND. BASEDWTS OF RECORD.: BERJUNGS A= DISTA=S ASHD IN THE ABOVE DBSCR.IBTICV ARE MOED ON THB CALIFORNIA COORDnum sYsm, zon IY. E=xec Comp 61. 1-5-06 10:27 AM CHUN application for GPA/REZ APN: 031-060-054 and 031-070-084 Owner mailed in GPA/REZ application to DDS by way of the Engineering Group as agents. Materials were received on 1-4-07 and placed in Troester's box. Upon review of the application materials and PRED 06-03 file, Steve called the Eng. Group. Steve spoke with Amber Piece of the Engineering Group. He explained that this application is inconsistent with the PRED 06-07 (Jan. 06) review for AR/AR-5 designations. This application proposes LDR/R-1 designations. Environmental Health had commented that 3-5 acres per dwelling would be needed in this area (bad soils) to satisfy Appendix VII. LDR/R-1 would require availability of sewer and domestic water. Extension of existing sewer service would require crossing of major canal. City of Oroville was not interested in annexation back in Jan. 06. The requested action would also appear to constitute a "spot zoning". She will follow up with the owner/applicant to see how they want to handle this situation. In the meantime, DDS will not log the application in nor accept the fees. Steve will hold these, pending her response. q Chun G�� f� vti ® rGE_ 0 ire G d X/ r / lo64=-x C,5 n SCI ------------ �c ccrr�rtr w��•'�A-�e—mS r T-74 M. n't., -Ve9,u, 1A IRF 2— /moo t, Lv � (2Z40 _-s Q� �4�6 v Cv�vAGSQ �i p� w_=✓� — 14a, I'CVe'3o- December 29, 2006 THE ENGINEERING GROUP, INC. Development Engineering, Eco -Hydraulics, Surveying Development Services Department Butte County 7 County Center Drive Oroville, CA 95965 Subject: Rezone and General Plan Amendment Property Location: Cherokee Road, Butte Co. CA APN 031-060-054 & 031-070-084 Dear Planner, Please find the following attached items accompanying this transmittal: 1. Signed Rezone & General Plan Amendment Applications o Project Description o Zoning & General Plan snapshot o Reduced 11" x 17" Site Plan with Aerial 2. North East Information Center Application o 8 %" x 11" Quad Map 3. CD with digital files of. o 18" x 26" Site Plan 0 18" x 26" Site Plan with Aerial 0 8 %" x 11" Quad for North East Information Center 4. One Reduced 11" x. 17" Site Plan 5. Evidence of Current Property Ownership o Preliminary Title Report o Creation Deed o Current Deed 6.30 18" x 26" Copies of the Rezone/General Plan Amendment Site Plan 7. Checks for the following fees: o $6585.50 - Rezone 0 $8194.50 - General Plan Amendment o $14,781.00 to Butte County o $ 60.00 to the North East Information Center (NEIC) A54�,y If there are any questions, please do not hesitate to contact me. Sincerely, Amber Pierce Project Coordinator 1250 East Ave. Suite 10 • Chico, CA 95926 Tel 530.899.0409 • Fax 530.899.0943 • e-mail. teg@theengineeringgroup.us 'Butte County Department of Development Services TIM SNELLINGS, DIRECTOR l PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 'telephone (530) 538-7785 Facsimile APPLICATIONS FOR REZONE ANI)/OR GENERAL PLAN AMENDMENT Applicant Name: Verney Chun Project Number: Check All That Apply El REZONE 0 GENERAL PLAN AMENDMENT (GPA) General Plan Amendments may only be heard four times a year. APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Planner 1. 0 ❑ A completed, signed Project Information Form. 2. � ❑ A complete Project Setting Description (instructions attached). 3. ® ❑ If the application is signed by an agent for the owner, an agent authorization form must be submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 4. El ❑ A signed agreement for Butte County Archaeological Resources Project Review by the Northeast Information Center (NEIC) accompanied by its required topographic map and a check in the amount of $60.00 made out to "NEIC". Alternatively, you may submit proof of a previous Archaeological Resources Project Review. 5. ® ❑ Payment of the currently required application fees and/or deposits. Make checks payable to "Butte County Treasurer". Public Fee Schedule is available under "Fees' at: http•//www.buttecounty.iiet/dds/Planking/ Additional fees for publication notices will be required. Application fees are non-refundable. VC., Applicant's Initials 6. 0 ❑ A creation document for the project parcel and evidence of current property ownership. 7. 8. 0' 0 El ❑ If the Rezone/GPA involves more than one parcel, a petition signed by a minimum of 60% of the owners of the parcels affected, must be submitted. (Same owner) © ❑ SITE PLAN: Thirty (30) copies of a detailed site plan drawn to standard engineering scale (e.g., 1" = 20'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on uniform size sheets no less than 18" X 26", folded to 8 %" x I V. Include one copy of the map on an 11"x17" sheet. In addition, a digital copy of the map and aerial photographs are encouraged. The detailed map must include: Name and business address of the applicant, engineer and/or person who prepared a. 0 ❑ the map. b a ❑ Assessor Parcel Number(s); street address (if available); and/or Township, Range and Section numbers. C. ® ❑ Property lines, lot dimensions and any applicable easements of record or proposed. City and special district boundaries (if applicable), existing and proposed general d. 0 E]plan and zoning designations for the property and surrounding properties within 300 feet.._ Dimensioned locations of existing and proposed public and private improvements on the property (including, but not limited to, buildings, roads, driveways, parking e' ® 11 areas, wells, septic tanks, sewer lines, leach fields, utilities, storm drainage systems and street lights.)_ Location of all water features including, but not limited to, natural and human -made f ❑ ❑ drainage courses, irrigation canals, ponds, creeks, sloughs; topographic features including, but not limited to, buttes, slopes > 30%, rock out-croppings; and existing vegetation, such as oak trees greater than 5" in diameter and agricultural crops. Distances between any significant natural and constructed features of the property, g. UJ ❑ such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, and their relationship to the property lines. h ❑ ❑ For vacant or substantially undeveloped land, show contours at an appropriate vertical scale. Vicinity map indicating the location of the land in relation to the nearest major 1' E] E] roads and/or significant topographic features in the surrounding area or region. j 0 ❑ Indicate scale and include a north arrow oriented to the top of the sheet. k a ❑ All plans must be clear and legible. Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Additional fees may be collected for the California Department of Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code (PRC) section 21089 (b). Please call the Planning Division of the Department of Development Services at (530) 538- 7601 if you have any questions about these requirements. • Signature: 1"PN"� �.. CAI,' Date: Applicant/Representative Signature: Date: Planner Receiving Application K:\Planning\FORMSWPPLICATIONS\RezoneAndOrGenPlanAmend.doc Revised 07/26/06 /O 1-301 Cb Department of Development Sen ices Planning Division 7 Comity Center Drive OroviLle, CA 95965 (530) 5538-7541 (530) 538-7755 FAX FACS -11 -MILL COVER SHEET DATE: TO: CHICO ENTERPRISE RECORD/MERCURY REGISTER Fax Number (530) 891-9247 FROM: ]DEVELOPMENT SERVICES. PLANNING DIVISION 4. P. 1 SUBJECT- 1'� C'i-(-c IV G�ADi-000 /07 / Number ofpages (including this cove; sheet) If you do not receive all of the pages, please call (530) 538-7541 as soon as possible. Special Instructions: Please confivin i-eceipl by return Fax cit (530) 538-7785. � Q, 1 By Date Ea-- ReceivedI j' L.� 1 b 5 Time:�- Comments: Thank you, 0.1FORtAw.UBLIS] U:4G FO WSTAX CG\ ER 514dL-I SZhico.CR-( tI r,t y I:-yti:L•r.dx 0 T00e D J -D) SS3 i5;14i �i 3 !PZ6 T68 He tk3 VO:60 80/VO/60 BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING FOR GPA07-0002 and REZ07-0001 In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for project GPA07-0002 and REZ07-0001 (Chun of Tidewatchers Assoc.) at a public hearing before the Butte County Planning Commission to be held on October 9, 2008, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Applicant: Chun (Tidewatchers Assoc.) Project Name: GPA07-0002 & REZ07-0001 Planner: Carl Durling APN: 031-060-054 & 031-070-084 Zoning: P -Q Location: On the west side of Cherokee Road lying between Cherokee Road and the Union Pacific Rail Road tracks Project Description: This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential 5 -acre minimum) on two parcels totaling 30.1 acres. For the purposes of this initial study, the project is presumed to be composed of the General Plan Amendment and Rezoning, recognizing that a future subdivision could be proposed for up to 6 parcels, which would be subject to subsequent environmental analysis. CEQA requires this notice to disclose whether any listed toxic sites are present on the project site. The project site does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration (IS/MND), application, and reference documents for this project are on file for public review and comment starting September 6, 2008 through October 8, 2008, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. The IS/MND is also available for review on the County website at www.buttecoun .net/dds and then by selecting Planning, Mitigated Negative Declarations and then the project document. Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to the public hearing. For information call or send an email to Carl Durling, (530) 538-7150 or cdurling@buttecounty.net. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Oroville-Mercury Register on Tuesday, September 9, 2008. 0 Notice of Completion & Environmental Document Transmittal Mail to: State Clearinghouse, P. O. Box 3044, Sacramento, CA 95812-3044 (916) 445-0613 SCH # For Hand Delivery/Street Address: 1400 Tenth Street, Sacramento, CA 95814 Project Title: Verney Chun (Tidewatchers Assoc.) GPA07-0002 and REZ07-0001 Lead Agency: Butte County Mailing Address: 7 County Center Drive City: Oroville Zip: CA Contact Person: Carl Durling Phone: 530-538-7150 County: Butte County Print Form — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Project Location: County: Butte County City/Nearest Community: Oroville Cross Streets: Cherokee Road and Blossom Hill Road Zip Code: 95965 Lat. / Long.: 39 0 31 ' 46 " N/ 121 o 33 ' 20 " W Assessor's Parcel No.: 031-060-054 & 031-070-084 Within 2 Miles: State Hwy #: 70 Airports: none Document Type: Total Acres: 30.1 ac in two parcels Section: 5 Twp.: 19N Range: 4E Base: MDBM Waterways: Oroville Dam diversion canal Railways: Union Pacific Schools: Thermalito Grade CEQA: ❑ NOP ❑ Draft EIR NEPA: ❑ NOI Other: ❑ Joint Document ❑ Early Cons ❑ Supplement/Subsequent EIR ❑ EA ❑ Final Document ❑✓ Neg Dec (Prior SCH No.) ❑ Draft EIS ❑ Other ❑ Mit Neg Dec Other ❑ FONSI MW — — — — — — — — — — — Local Action Type: — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — ❑ General Plan Update ❑ Specific Plan ❑� Rezone ❑ Annexation ❑Q General Plan Amendment ❑ Master Plan ❑ Prezone ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Development ❑ Use Permit ❑ Coastal Permit ❑ Community Plan ❑ Site Plan ❑ Land Division (Subdivision, etc.) ❑ Other Development Type: ❑ Residential: Units 2 Acres 30.1 ❑ Water Facilities: Type MGD ❑ Office: Sq.ft. Acres Employees ❑ Transportation: Type ❑ Commercial: Sq.ft. Acres Employees ❑ Mining: Mineral ❑ Industrial: Sq.ft. Acres Employees ❑ Power: Type MW ❑ Educational ❑ Waste Treatment:Type MGD ❑ Recreational ❑ Hazardous Waste: Type ❑ Other: — — — — — — — — — — — — — — — — — — — — Project Issues Discussed in Document: — — — — — — — — — — — — — — — — — — — — — — — — ❑ Aesthetic/Visual ❑ Fiscal ❑ Recreation/Parks ❑ Vegetation ❑ Agricultural Land ❑ Flood Plain/Flooding ❑ Schools/Universities ❑ Water Quality ❑ Air Quality ❑ Forest Land/Fire Hazard ❑ Septic Systems ❑ Water Supply/Groundwater ❑ Archeological/Historical ❑ Geologic/Seismic ❑ Sewer Capacity ❑ Wetland/Riparian ❑ Biological Resources ❑ Minerals ❑ Soil Erosion/Compaction/Grading ❑ Wildlife ❑ Coastal Zone ❑ Noise ❑ Solid Waste ❑ Growth Inducing ❑ Drainage/Absorption ❑ Population/Housing Balance ❑ Toxic/Hazardous ❑ Land Use ❑ Economic/Jobs ❑ Public Services/Facilities ❑ Traffic/Circulation ❑ Cumulative Effects ❑� Other None until such time that a parcel or subdivision map is submitted Present Land Use/Zoning/General Plan Designation: Vacant/ P -Q / P — — — — — — — — — — — — — — — — — — — — — — Project Description: (please use a separate page if necessary) This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential 5 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone, and upon approval of a subsequent subdivision map, the project site could be divided into six parcels for single family residential use, contingent upon usable septic area being demonstrated for each parcel. Note: The state Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a January 2008 project (e.g. Notice of Preparation or previous draft document) please fill in. Reviewing Agencies Checklist Lead Agencies may recommend State Clearinghouse distribution by marking agencies below with and "X". If you have already sent your document to the agency please denote that with an "S". Air Resources Board Boating & Waterways, Department of California Highway Patrol S Caltrans District # 3 Caltrans Division of Aeronautics Caltrans Planning (Headquarters) Coachella Valley Mountains Conservancy Coastal Commission Colorado River Board Conservation, Department of Corrections, Department of Delta Protection Commission Education, Department of Energy Commission S Fish & Game Region # 2 Food & Agriculture, Department of Forestry & Fire Protection General Services, Department of Health Services, Department of Housing & Community Development Office of Historic Preservation Office of Public School Construction Parks & Recreation Pesticide Regulation, Department of Public Utilities Commission Reclamation Board Regional WQCB # Resources Agency S.F. Bay Conservation & Development Commission San Gabriel & Lower L.A. Rivers and Mtns Conservancy San Joaquin River Conservancy Santa Monica Mountains Conservancy State Lands Commission SWRCB: Clean Water Grants SWRCB: Water Quality SWRCB: Water Rights Tahoe Regional Planning Agency Toxic Substances Control, Department of Water Resources, Department of Integrated Waste Management Board S Other BECAG S Native American Heritage Commission S Other US Fish and Wildlife Office of Emergency Services — — — — — — — — — — — — — — — — — — — — — Local Public Review Period (to be filled in by lead agency) — — — — — — — — — — — — — — — — — — — — — — — Starting Date September 7, 2008 — — — — — — — — — — — — — — — — — — — — — Ending Date October 7, 2008 — — — — — — — — — — — — — — — — — — — — — — — Lead Agency (Complete if applicable): Consulting Firm: Applicant: Chun (Tidewachers Assoc.) Address: Address: 630 Ravenna Terr City/State/Zip: City/State/Zip: Fremont, CA 94536 Contact: Phone: 510-739-0128 Phone: — — — — — — — — — — — — — — — — — — — — — Signature of Lead Agency Representative: K),6,44 1< — — — — — — — — — — — — — — — — — — — — — — — ,K(� Date: /)<I Sc)2 J$ Authority cited: Section 21083, Public Resources Code. Reference: Section 21161, Public Resources Code Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION * BUILDING * PLANNING MEMORANDUM TO: Responsible and Trustee Agencies FROM: Development Services, Planning Division SUBJECT: NOTICE OF INTENT - To Adopt a Proposed Mitigated Negative Declaration for Chun (Tidewatchers Assoc.), GPA07-0002 & REZ07-0001, APN 031-060- 054 & 031-070-084 DATE: September 5, 2008 The Butte County Planning Division has completed an Initial Study, in accordance with the California Environmental Quality Act (CEQA), of potential environmental consequences anticipated in connection with the above-mentioned project, a copy of which is enclosed. This letter serves as a Notice of Intent to adopt a Mitigated Negative Declaration to allow responsible and trustee agencies a 30 -day review period in accordance with Sections 15072 and 15105 of the CEQA Guidelines. Please review the enclosed Initial Study and proposed Mitigated Negative Declaration. The Initial Study is also on Butte County's web page at www.buttecounty.net under Department Listings, then Development Services, then Planning, then Mitigated Negative Declarations, then the project name. This review should focus on your agency's area of expertise and jurisdiction. Any comments must be received within 30 days, ending October 7, 2008 If you have any questions regarding the enclosed environmental document, please contact Carl Durling at 530-538-7150, between the hours of 8:00 a.m. and 4:00 p.m., or by email at cdurling@a,buttecounty.net. Sincerely, 617�f /1 Carl Durling Associate Planner Cc: IDR Committee Members (via email) Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530.) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING MEMORANDUM TO: Agency or Department FROM: Chris Tolley, Associate Planner SUBJECT: Request for comments on a revised land use application GPA07-0002 and REZ07-0001 (Chun) DATE: June 21, 2007 The project was originally submitted on January 11, 2007 and requested the following action: Rezone of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum), and a General Plan Amendment of the parcels from P -Q (Public -Quasi Public) to AR (Agricultural Residential). The parcels is proposed to be served by individual sewage dispersal systems and individual wells. A revised project description was submitted on May 18, 2007, which modified the original request to the following action: Rezone of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to R-1 (Residential), and a General Plan Amendment of the parcels from P -Q (Public - Quasi Public) to LDR (Low Density Residential). The project is proposed to be served by a public sewer system and public water system. The completeness of two projects will be determined at the Inter -Departmental Review (IDR) Committee meeting on July 11, 2007. The applicant and/or his representative have been invited to attend the meeting to answer any questions about the proposal. Please provide comments and/or conditions prior to the IDR Committee meeting on July 11, 2007. Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION " BUILDING'S PLANNING April 5, 2007 The Engineering Group C/o Tim Wood 1250 East Avenue, Suite 10 Chico, CA 95926 Re: Public Works and Environmental Health requirements for GPA07-0002 & REZ07- 0001 (APN 031-060-054 & 031-070-084) Dear Mr. Wood: This is a continuance of the Completeness Letter .mailed on February 9, 2007. The items below are concerns of the Environmental Health Division and Land Development Division. Environmental Health comments: Tim Wood of The Engineering Group provided us with soil mantel tests and percolation test results from this parcel done for Mr. Chun (Tidewatchers Associate, LP) as part of their pre application review for a proposed subdivision in to six 5 -acre parcels. The tests were performed in May and June of 2006. In summary the test results were: 8 of 12 (67%) of the 30" deep percolation test results exceeded our maximum allowable soil percolation rate of 120 minutes/inch Groundwater was observed in two soil mantel holes and soil mottles, possibly created by seasonal groundwater intrusion, were noted in several other holes The soil at the depth of a septic leach field was characterized as clay and assessed as having a clay content of greater than 40% in many of the holes Due to these indications we feel that the soil on this parcel has not been demonstrated to meet the minimum requirements of Appendix VII, the minimum sewage disposal standards for parcel creation pursuant to the Butte County Subdivision Improvements Standards. A relatively small area on the parcel was identified that may potentially be usable for a single leach field to service a single residence on the parcel. However, further investigation may still be required to assure that this area is not subject to excessive seasonal ground water and is adequately large to accommodate both the initial and replacements leach field areas required. Land Development comments: The above referenced parcels constitute one single piece of real property, which was created by conveyance from a government agency (Department of Water Resources) to Samuel M. Chun, on October 7; 1085 under Recorder's Serial Number 85-30407. This is allowed pursuant to Government Code 66428(A)(2), unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates the filing of a parcel map. It is recommended that his item be taken to the Board of Supervisors with a recommendation to make a finding that public policy does not necessitate the filing of a parcel map for the creation of this single piece of real property, which happens to have two Assessor Parcel Numbers. At this point, the Planning Division is considering whether the Rezone request is appropriate for these parcels. Should you have any further questions regarding this matter, I can be reached at (530) 538-7601 or via e-mail at ctolley@buttecounty.net. S y, Associate Planner cc: Verney Chun, Owner/Applicant • • INTER -DEPARTMENTAL MEMORANDUM PUBLIC WORKS DEPARTMENT TO: CHRIS TOLLEY, PLANNING DIVISION FROM: ERIC SCHROTH, LAND DEVELOPMENT DIVISION 'JQuc INOO SUBJECT: BOARD FINDING FOR NECESSITY OF A PARCEL MAP VERNY CHUN (TIDEWATCHERS ASSOCIATES), GPA 07-0002 APN 030-060-054 & 030-070-084 DATE: FEBRUARY 16, 2007 0 0 i 0 O ;r The above referenced parcels constitute one single piece of real property, which was created by conveyance from a government. agency (Department of Water Resources) to Samuel M. Chun, on October 7, 1985 under Recorder's Serial Number 85-30407. This is allowed Pursuant to Government Code 66428 (a)(2), unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates the filing of a parcel map. It is recommended that this item be taken to the Board of Supervisors with a recommendation to make a finding that public policy does not necessitate the filing of a parcel map for the creation of this single piece of real property, which happens to have two Assessor Parcel Numbers. • Tolley, Chris From: Fogel, Doug Sent: Friday, February 09, 2007 4:12 PM To: Tolley, Chris Subject: RE: GPA/REZ for Verney Chun . Page I of 2 Tim Wood of The Engineering Group provided us with soil mantel tests and percolation tests results from this parcel done for Mr. Chun (Tidewatchers Associate LP) as part of their pre -application review for a proposed subdivision into six 5 -acre parcels. The tests were performed in May and June of 2006. In summary the test results were: . 8 of 12 (67%) of the 30" deep percolation test results exceeded our maximum allowable soil percolation rate of 120 minutes/inch . groundwater was observed in two soil mantle holes and soil mottles, possibly created by seasonal groundwater intrusion, were noted in several other holes . the soil at the depth of a septic leach field was characterized as clay and assessed as having a clay content of greater that 40% in many of the holes Due to these indications we feel that the soil on this parcel has not been demonstrated to meet the minimum requirements of Appendix VII our minimum sewage disposal standards for parcel creation made pursuant to the Butte County Subdivision Improvement Standards. A relatively small area on the parcel was identified that may potentially be usable for a single leach field to service a single residence on the parcel. However, further investigation may still be required to assure that this area is not subject to excessive seasonal ground water and is adequately large to accommodate both the initial and replacement leach. field areas required. From: Tolley, Chris Sent: February 09, 2007 9:29 AM To: Fogel, Doug Cc: Walters, Charlotte; Jolliffe, Stacey Subject: GPA/REZ for Verney Chun Hey Doug: I'm following up on our discussion at IDR on Wednesday about the GPA/REZ for Verney Chun. I would like to receive a memorandum identifying Environmental Health's position and the existing issues for the Rezone application. I will be conveying information to the owner, applicant and agent, so they understand the County's position. Let me know if you have any questions. -Chris Christopher J. Tolley Associate Planner Butte County Planning Division Direct (530) 538-7603 Fax (530)-538-7785 www.buttecounly.net/d`ds 3/15/2007 • • Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buftecounty.net/dds www.buttegeneralalan.net ADMINISTRATION * BUILDING * PLANNING February 9, 2007 The Engineering Group C/o Tim Wood 1250 East Avenue, Suite 10 Chico, CA 95926 Re: Application Complete — GPA07-0002/REZ07-0001, APN 031-060-054 & 031-070-084 Dear Mr. Wood: The Department of Development Services and other responsible agencies have preliminarily reviewed the above referenced project, and determined that the application and project are "complete." This determination was made on February 7, 2007. Note Regarding REZ07-0001: the Planning Division will be following up this letter with a letter addressing several issues related to Environmental Health (inadequate proof of septic) and Public Works (acknowledgement of sale of public lands) requirements discussed at the IDR meeting on February 7, 2007. You can expect the letter to be mailed by February 16, 2007. Should you have any further questions regarding this matter, I can be reached between the hours of 7:30 a.m. and 4:30 p.m., Monday through Friday, at (530) 538-7601, or via e-mail at ctolley@buttecounty.net. V ly, Chris Tolley Associate Planner cc: Verney Chun, Owner/Applicant STATE OF CALIFORNIA- THE RESOURCES AGENCY ARNOLD SCHWA. R7g�, EGGER, Govemor, . DEPARTMENT OF WATER RESOURCES Y 1416 NINTH STREET, P.O. BOX 942836 SACRAMENTO, CA 94236-0001 (916) 653-5791 OCT 07 2008 County of Butte Attn: Carl Durling 7 County Center Drive Oroville, California 95965 - Initial Study for the Proposed General Plan Change for Tidewatchers Associates, City of Oroville, Butte County, Oroville Field Division, SCH2O08092026 Dear Mr. Carl Durling: - Thank you for the opportunity to review and comment on the Initial Study for the General Plan Change from P to A -R. The notice describes the proposal by Tidewatchers Associates for a General Plan Change to AR -5 to allow subdivision of 30.1 acres into 5 -acre minimum residential development lots. The proposed development is located north of the Thermalito Power Canal (Canal), west of and adjacent to Cherokee Road, and east of and adjacent to the Union Pacific Railroad in the City of Oroville. The project area borders several parcels owned by the Department of Water Resources (DWR) as part of the State Water Project (SWP), Lake Oroville complex. We have reviewed the notice and have the following comments: Because of the close proximity of the proposed project to SWP right of way, Tidewatchers Associates should survey their property line, ensuring that they do not encroach onto DWR owned lands. 2. Any construction or work within SWP right of way will require an Encroachment Permit from DWR. Information regarding forms and guidelines for submitting an application for an Encroachment Permit can be found at DWR web address: http://wwwdoe.water.ca.gov/Services/Real Estate/Encroach Rel/index.cfm 3. Drain water from this development has the potential of being directed towards the Canal. The Applicant shall take all measures necessary to capture drain water produced from this development to prevent urbanized runoff from entering the SWP right-of-way. IMUTFIR COUNTY OCT 0 8 20 DEVELOPMENT SERVICZS Initial Study for the Proposed General Plan Change for Tidewatchers Associates, City of Oroville, Butte County, Oroville Field Division, SCH2O08092026 Dear Mr. Carl Durling: - Thank you for the opportunity to review and comment on the Initial Study for the General Plan Change from P to A -R. The notice describes the proposal by Tidewatchers Associates for a General Plan Change to AR -5 to allow subdivision of 30.1 acres into 5 -acre minimum residential development lots. The proposed development is located north of the Thermalito Power Canal (Canal), west of and adjacent to Cherokee Road, and east of and adjacent to the Union Pacific Railroad in the City of Oroville. The project area borders several parcels owned by the Department of Water Resources (DWR) as part of the State Water Project (SWP), Lake Oroville complex. We have reviewed the notice and have the following comments: Because of the close proximity of the proposed project to SWP right of way, Tidewatchers Associates should survey their property line, ensuring that they do not encroach onto DWR owned lands. 2. Any construction or work within SWP right of way will require an Encroachment Permit from DWR. Information regarding forms and guidelines for submitting an application for an Encroachment Permit can be found at DWR web address: http://wwwdoe.water.ca.gov/Services/Real Estate/Encroach Rel/index.cfm 3. Drain water from this development has the potential of being directed towards the Canal. The Applicant shall take all measures necessary to capture drain water produced from this development to prevent urbanized runoff from entering the SWP right-of-way. Mr. Carl Durling OCT 07 2008 w Page 2 Please provide DWR with a copy of any subsequent environmental documentation when it becomes available for public review. Any future correspondence relating to,the above-mentioned concerns of DWR should be sent to: Department of Water Resources Division of Operations and Maintenance Attn: State Water Project Encroachment Section 1416 Ninth Street, Room 641-1 Sacramento, California 95814 If you have any questions, please contact Scott Williams at (916) 653-5746. Sincerely, ` David M. Samson, Chief State Water Project Operations Support Office Division of Operations and Maintenance i 10-07-58 01:17pm L1 : From -Dept -of Wat�Resources (M) 916 654 5554 T-509 P.001/003 F-992 To; Carl Durling Butte County Dev Services Dept FAX: -530-538-7785 Scott Williams SWP Encroachment Permit Section Division of Operations & Maintenance Department of Wafter Resources 1416 Ninth Street Sacramento, CA 916-653-5746 (voice) 916-654-5554 (fax) sawillia(a�water.ca.gov email Carl: We sent a copy of our comments regarding SCH2O08092026 (Verney Chun -- Tidewatchers Assoc) by mail today, but I'm also sending this copy of our letter by FAX to insure that we make the circulation & review deadline. If there are any questions, please contact me. Scott IMTY08 01:17pm From -Dept -of Wa16Resources (RR) 916 654 555416 T-509 P.002/003 F-992 OCT 0 7 2008 County of Butte Attn: Carl Durling 7 County Center Drive Oroville, Califomia 95965 Initial Study for the Proposed General Plan Change for Tidevratchers Associates, City of Oroville, Butte County, Orovilie Field Division, SCH2O08092020 Dear Mr. Carl Durling: Thank you for the opportunity to review and comment on the Initial Study for the General Plan Change from P to A -R. The notice describes the proposal by Tidewatchers Associates for a General Plan Change to AR -5 to allow subdivision of 30.1 acres into 5 -acre minimum residential development lots. The proposed development is located north of the Thermalito Power Canal (Canal), west of and adjacent to Cherokee Road, and east of and adjacent to the Union Pacific Railroad in the City of Oroville, The project area borders several parcels owned by the Department of Water Resources (DVVR) as part of the State Water Project (SWP), Lake Oroville complex. We have reviewed the notice and have the following comments: 1. Because of the close proximity of the proposed project to SWP right of way, Tidewatchers Associates should survey their property line, ensuring ,hat they do not encroach onto DNR owned lands. 2. Any construction or work within SWP right of way grill require an Encroachment Permit from DWR. Information regarding forms and guidelines for submitting an application for an Encroachment Permit can be found at DWR web address: http://wwwdoe.water.ca,govISeniices/Real Estate/Encroach Rel/index cfm 3. Drain water from this development has the potential of being directed towards the Canal. The Applicant shall take all measures necessary to capture drain water produced from this development to prevent urbanized runoff from entering the SWP right-of-way. l 10-07 013 01:17pm From-Dept.of WJ tt Resources (DWR) M6_ Carl Durling OCT 0 7 2008 Page 2 916 654 5554 0 T-509 P.003/003 F-992 Please provide DWR with a copy of any subsequent environmental documentation when it becomes available for public review. Any future correspondence relating to the above-mentioned concerns of DWR should be sent to: Department of Water Resources Division of Operations and Maintenance Attn: State Water Project Encroachment Section 1416 Ninth Street, Room 641- 1 Sacramento, California 95814 If you have any questions, please contact Scott Williams at (916) 653-5746. Sincerely, Original Signed By David M. Samson, Chief State Water Project Operations Support Office Division of Operations and Maintenance bcc: Sheree Edwards, 641-1 Acting Chief, SWP Encroachment Section, 649 Linus Paulus, 425 James Blood, OFD Bill Dickens, OFD Nadell Gayou, 901 P Street S1N1111ams: Ryan Keith M:\HOISWP Operations SuppornCiv;i Wini\Maint Eng\ScomCEoct reviev n%�,ci,200909202S.aoc Spell check t4 California&gional Water Quality CderoI Board Central Valley Region ion Karl E. Longley, ScD, P.E., Chair Linda S. Adams Secretary for 415 Knollcrest Drive, Suite 100, Redding, California 96002 Environmental (530) 224-4845 - Fax (530) 224-4857 Protection http://www.waterboards.ca.gov/centraIvaIley 6 October 2008 COUNTY Mr. Carl Durling 00 0 7 20 County of Butte �E F CES Development Services Department 7 County Center Drive Oroville, CA 95938 Arnold Schwarzenegger Governor COMMENTS ON' THE NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR PROPOSED VERNEY CHUN (TIDEWATCHERS ASSOCIATES), ASSESSORS PARCEL NUMBER 031-060-054 & 031'-070-084, OROVILLE, BUTTE COUNTY On 9 September 2008, our office received a Notice of Intent to Adopt A Mitigated Negative Declaration, Environmental Initial Study, and Request for Comments Letter from your office regarding the proposed development referenced above. The Central Valley Regional Water Quality Control Board (Regional Water Board) is a responsible agency for this project, as defined by the California Environmental Quality Act (CEQA). The proposed project requests a change in the General Plan from P (Public), to AR Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential 5 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone and upon approval of a subsequent subdivision map, the project site could be divided into six parcels for single-family residential use, contingent upon useable septic area being demonstrated for each parcel. Sewage disposal for future dwellings would be provided by individual, on-site, septic systems contingent on useable septic areas being demonstrated for each parcel. Domestic water would be provided by private wells. Access to the future parcels on.the site would be.from Cherokee. Road, which is,a public road. For the purposes of this initial study, the project is presumed to be composed of the General Amendment and Rezoning, recognizing that a future subdivision could be proposed for up to 6 parcels, which would be subject to subsequent environmental analysis. The project is located on the west side of Cherokee Road lying between Cherokee Road and the Union Pacific Rail Road tracks. The following comments are provided to help outline the potential permitting which may be required by the Regional Water Board, policy issues concerning the project, and suggestions for mitigation measures. Our present comments focus primarily on discharges regulated under our CWA §401 and storm water programs. California Environmental Protection Agency 0Recycled Paper Carl Durling - 2 - • 6 October 2008 Butte County Developmentqtrvices Verney Chun (Tidewatchers Assoc. Required Water Board entitlements appear to include: • Fill or dredged material Clean Water Act (CWA) §401 water quality certification for discharges federal waters; or Waste Discharge Requirements for non- federal waters • Storm water and other CWA §402 NPDES permit; Storm Water Discharges wastewater discharges Associated with Construction Activity The following summarizes project permits that may be required by our agency depending upon potential. impacts to water quality: Water Quality Certification (401 Certification) Certification issued for activities resulting in dredge or fill within waters of the United States (including wetlands). All projects must be evaluated for the presence of jurisdictional waters, including wetlands and other waters of the state. Destruction of, or impacts to these waters should be avoided. Under the Clean Water Act Section 401 and 404, disturbing these waters requires an Army Corps of Engineers (Corps) Section 404 permit and a State 401 permit. The Section 404 and Section 401 certification are required for activities involving a discharge (such as fill or dredged material) to Waters of the United States. "Waters" include wetlands, riparian zones, streambeds, rivers, lakes, and oceans. Typical activities include any modifications to these waters, such as stream crossings, stream bank modifications, filling of wetlands, etc. If required, the Section 404 permit and Section 401 certification must be obtained prior to site disturbance. General Permit for Storm Water Discharges Associated with Construction Activity (General Permit) — Land disturbances on projects of 1 acre or more requires the landowner to obtain coverage under the General Permit. As the land disturbance for the Verney Chun (Tidewatchers Assoc.) Project appears to be in excess of 1 acre, the project proponent and/or representatives will need to file a Notice of Intent (NOI), along with a vicinity map, a Storm Water Pollution Prevention Plan (SWPPP), and appropriate fees to the State Water Resources Control Board (SWRCB), prior to the commencement of activities on site. The owner may call our office to receive a permit package or download it off the Internet at http://www.waterboards.ca.gov/water issues/programs/stormwater Isolated wetlands not covered by the federal Clean Water Act Wetlands not covered by the Clean Water Act are known as "isolated wetlands." Should the U.S. Army Corps of Engineers determine that isolated wetlands exist at the project site and should the project impact or have potential to impact the isolated wetlands, a Report of Waste Discharge and filing fee must be submitted prior to commencing the construction activity. The Regional Board will consider the provided information and either issue or waive Waste Discharge Requirements. Failure to obtain waste discharge requirements or a waiver thereof, when required, may result in enforcement action. Reports of Waste Discharge application forms are available by calling our office at (530) 224-4845. As a protective measure for wetlands, riparian areas and species of special concern, the final map will show a 50 -foot buffer for all wetland areas and a 50 -foot buffer from the top of both banks for all of the delineated seasonal drainages. Carl Durling - 3 - �.. 6 October 2008 Butte County DevelopmentlPervices Verney Chun (Tidewatchers Assoc. If you have any questions or comments regarding this matter please contact me at (530) 224-4784 or by email at szaitzCaD-waterboards.ca.gov. Scott A. Zaitz, R.E.H.S. Environmental Scientist Storm Water & Water Quality Certification Unit SAZ: clg/knr cc: Mr. Brian Vierria, U.S. Army.Corp of Engineers, Sacramento Department of Fish and Game, Region 2, Rancho Cordova UAClerical Documents\SA_Correspondence\ZaitzS\Oct 2008\CEQA Comment Vernay Chun GPA07-0002 & REZ07-0001.doc 1�1 • PROJECT COORDINATION FORM DATE of IDR: �C,�� PLANNER: ao�� TmLrl- PROJ. NAME: PROJ. NUMBER: lr Wz , , ge 2 t L V, TYPE: p i-, lee?- << APN: &-be-' 0 3 - 06c) - ,v` DEPARTMENT PLANNING PUBLIC WORKS &at, CaMp COMMENTS 03/ --07,(9- q6e,-1 READY FOR HEARING? ENVIRONMENTAL HEALTH W R,4, 95A/F, Cew Ctfi2 itis ,yf�'tU'� - 5 COUNTY COUNSEL AG. BUILDING ASSESSOR FIRE K:\Planning\IDR Agenda\2006 IDR Agendas\PROJECT COORDINATION FORM.doc tL � In A* -u 4WTE COUNTY RECEII" 7 County Center Drive Oroville, CA 75965 Department of Development Services Phone (530) 538-7541 Fax (530) 538-2140 Project Number: REZ07-0001 Site Address: , CA Site Apn: 031-060-054 Applicant: The Engineering Group 1250 East Ave. Suite 10 Chico, CA 95926 Description: Printed: 1/11/2007 3:11 pm Fee Description Account Number Fee Amount Notice of Determination/Exempt 0010-470001-4612319-1010 $36.00t-- 36.00VRezone-AG Rezone-AG 0010-460001-4612200-1010 $32.50 Rezone -EH 0010-540003-4614901-1010 $800.00 Rezone -FR 0100-450001-4617240-1010 $54.00 Rezone -LD 00 10-440004-4611700-10 1 0 $164.00 Rezone -PL 0010-440001-4210900-1010 $5,499.00 Total Fees Paid: $6,585.50 Date Paid: 1/11/2007 Paid By: TIDEWATCHERS, ASSOCIATE LP Pay Method: Check 1034 Receipt Number: P283 Received By: STL Gni TE COUNTY RECEII# 7 County Center Drive Oroville, CA 75965 Department of Development Services Phone (530) 538-7541 Fax (530) 538-2140 Project Number: GPA07-0002 Site Address: , CA Site Apn: 031-060-054 Applicant: The Engineering Group 1250 East Ave., Suite 10 Chico, CA 95926 Description: Printed: 1/11/2007 3:13 pm Fee Description Account Number Fee Amount General Plan Amendment -AG 0010-460001-4612200-1010 $32.50 General Plan Amendment -FR 0100-450001-4617240-1010 $108.00 General Plan Amendment -PL 0010-440001-4210900-1010 $8,018.00 Notice of Determination/Exempt 0010-470001-4612319-1010 $36.00 Total Fees Paid: Date Paid: 1/11/2007 Paid By: TIDEWATCHERS, ASSOCIATE LP Pay Method: Check 1034 Receipt Number: P284 Received By: STL $8,194.50 AY TO THE ORDER OF nFFIR u TIDEWATCHERS ASSOCIATE, L.P. 90-375011211 1034 630 RAVENNA TERRACE FREMONT, CA 94536 DATE /0 1 L—so 11 Z-� r-CiZI&N� :�>eUe-v\ l C; k FIRST BANK 2395 WILLOW PASS ROAD CONCORD, CA 94520 jq/7S DLLARS t� OJ FVJ� SCG yps 9� Jq .� V �� 1! C1,,,V�/• __ �CG90 SSV FOR �p AUTHORIZED SIGNATURE � ryP 11800 LO341i' 1: 12 113 ? SO PD: 94 189 LG?4511' CjiJ CCtr3! e r.-?°1f-it!Gf.`uCC,fitL'li' C's T`� s'�G°" t°! TY+A� iS 'iScf\`T�+ d • qb k� �J PROJECT COORDINATION FORM DATE of IDR: 2/7/07 PLANNER: Chris Tolley PROJ. NAME: The Engineering Group PROJ. NUMBER: REZ07-0001 -TYPE: Completeness of Application Evaluation APN: 030-060-054 DEPARTMENT COMMENTS READY FOR HEARING? PLANNING - �1��`'°e°�`c� -�- C4 a-( PUBLIC WORKS OA ENVIRONMENTAL HEALTH lS f COUNTY COUNSEL AG. old C. "aq BUILDING ASSESSOR FIRE GONL& FAPlanning\IDR Agenda\2007 IDR AgendasTROJECT COORDINATION FORM.doc j� PROJECT COORDINATION FORM Piz DATE of IDR:7 2 PLANNER: PROJ. NAME:6& dAa"ZPROJ. NUMBER: TYPE: _ APN: j, _—L v l — 0-7 DEPARTMENT PLANNING PUBLIC WORKS COMMENTS READY FOR HEARING? ENVIRONMENTAL HEALTH �/ G i> �T4 COUNTY COUNSEL AG. BUILDING ASSESSOR me" K:\Planning\IDR Agenda\2006 IDR Agendas\PROJECT COORDINATION FORM.doc February 14, 2007 Department of Development Services-&. W. " Planning Division. 7 County Center Drive6'"�' Oroville, CA 95965 ATTN: Mr. Chris Tolley lalifornia State University, Chico Northeast. Center of the, BUTTESIERRA Building 25, Suite 204 Califo.rnla. Historical Resources, GLENN LASSEN SISKIYOU SUTTER Chico, California 95929-0377 MODOC TEHAMA Phone (530) 898-6256 Information System PLUMAS SHASTA TRINITY Fax (530) 898-4413 neinfocn tr@csuchico. edu February 14, 2007 Department of Development Services-&. W. " Planning Division. 7 County Center Drive6'"�' Oroville, CA 95965 ATTN: Mr. Chris Tolley I.C. File # L07-4 Project Review RE: REZ 07-0001 and GPA 07-0002/ Chun APNs: 031-060-054, 031-070-084 T19N, R4E, Section 5 USGS Oroville 7.5' and 15' quads Approximately 40 acres — estimated from project map (Butte County) Dear Mr. Tolley, In response to your request, a project review for the project cited above was conducted by examining the official maps and records for archaeological sites and surveys in Butte County. 1 • RESULTS: Prehistoric Resources: According to our records, no sites of this type have been recorded in the project area. However, six sites of this type have been recorded in the project vicinity, consisting of petroglyphs, bedrock mortars, midden deposits, lithic scatters, house pits, hammerstone, fire -cracked rock, and freshwater shell. The project area is located in a region utilized by Konkow Maidu populations. Unrecorded prehistoric cultural resources may be located in the project area. Historic Resources: According.to our records, no sites of this type have been recorded in the project area. However, one site of this type (CA -SHA -2085H) has been recorded immediately adjacent to the project area, consisting of a ranching complex with associated concrete building pads, refuse deposits, a well, a shed, and a road segment. Additionally, seven sites of this type have been recorded in the project vicinity, consisting of ditches, Thompson Flat Cemetery, Pioneer Cemetery, roads, and refuse deposits. Unrecorded historic cultural resources may be located in the project area. The USGS Oroville (1944) 15' quadrangle map indicates that Thompson Flat and Oroville are located in the project area, while the Thermalito Diversion Dam, Thermalito Power Canal, Feather River, Pioneer Cemetery, Lower Miocene Canal, Cherokee Road, springs, dredge tailings, roads, and structures are located in the project vicinity. The Office of Historic Preservation lists numerous properties in Oroville and in the vicinity of Oroville on its Historic Properties Data File. Please see the enclosed listings for more information on these property locations. Previous Archaeological Investigations: According to our records, the project area has not been previously surveyed for cultural resources by a professional archaeologist. Literature Search: The official records and maps for archaeological sites and surveys in Butte County were reviewed. Also reviewed: National Register of Historic Places _ Listed properties and Determined Eligible Properties (1988, Computer Listings. 1966 through 7-00 by National Park Service), California Register of Historical Resources (2006), California Points of Historical Interest (1992), California Inventory of Historic Resources (1976), California Historical Landmarks (1996), Handbook of North American Indians, Vol. 8, California (1978), Historic Spots in California (1966), Gold Districts of California (1970), Directory of Properties in the Historic Property Data File for Butte County (2006). RECOMMENDATIONS: Based upon the above information and the local topography, the project is located in an area considered to be highly sensitive for prehistoric, protohistoric, and historic cultural resources. Therefore, we recommend that a professional archaeologist be contacted to conduct a cultural resources survey of the "entire project area. The project archaeologist will be able to offer recommendations for the protection and/or mitigation of any new cultural resources encountered as a result of the field survey. The project archaeologist should also contact the appropriate local Native American representatives for information regarding unrecorded traditional cultural properties that may be located within project boundaries for which we have no records. The project archaeologist may also want to consult historic General Land Office (GLO) plat maps in order to aid in the identification of unrecorded historic sites, which may be located within project boundaries. A copy of the report listed above will e available to the project archaeologist upon request, Additionally, if any potential prehistoric, ethnographic, and/or historic cultural resources are encountered during any phase of project operations, all work should cease in the area of the find pending an examination of the site and materials by the project archaeologist. This request to cease work in the area of a potential cultural resource find should be made a condition of project approval. Thank you for your concern in preserving California's cultural heritage, and please feel free to contact us if you have.any questions or need any further information or assistance. Sincerely, M Roeder, M.A. Assistant Researcher OFFICE OF HISTORIC PRESERVATION " ' * Directory of Properties in the Historic Property Data File for BUTTE County. Page 15 12-11-06 PRG -REFERENCE -NUMBER STAT -DAT NRS CRIT ROPERTY-NUMBER PRIMARY-# STREET.ADDRESS............. NAMES............................. CITY.NAME........ OWN YR -C OHP-PROG.. PROJ.REVW. USFS020701A 08/16/02 6Y LAT 10/ BUTTE MEADOWS RECREATION R (VIC) JONESVILLE P 1959 HIST.RES. 27-0000 08/16/02 6Y 142195 HUMBOLDT RD PROJ08/16/02 USFS020701A 6Y LOT 12/ BUTTE MEADOWS RECREATION R (VIC) JONESVILLE P 1959 HIST.RES. USFS020001A029-0000 08/16/02 6Y 142198 HUMBOLDT RD PROJ08/16/02 6Y IAT #3 / JONESVILLE RECREATION RES (VIC) JONESVILLE P 1951 HIST.RES. USFS020001A 31-0000 08/16/02 6Y 142207 HUMBOLDT RD PROJ.REVW. 08/16/02 6Y LOT 11/.BUTTE MEADOWS RECREATION R (VIC) JONESVILLE P 1959 HIST.RES. DOE -04-02-0028-0000 08/16/02 6Y 142197 HUMBOLDT RD PROJ.REVW. USFS020701A 08/16/02 6Y LOT 1/ JONESVILLE RECREATION RESID (VIC) JONESVILLE P 1920 HIST.RE08/16/02 02-0000 6Y, 135463 HUMBOLDT RD PROJ.REVW. USFS020001A 08/16/02 6Y IAT #8 / BUTTE MEADOWS RECREATION (VIC) JONESVILLE P 1959 PROJ.REVW. 08/16/02 6Y 142193 HUMBOLDT RD USFS020701A 08/16/0208/16/02 6Y LOT #4 / JONESVILLE RECREATION RES (VIC) JONESVILLE P 1940 HIST.REPROJ.REVW. 08/16/02 6Y 142211 HUMBOLDT RD USFS020001A032-0000 08/16/02 6Y 142214 HUMBOLDT RD IAT #7 / JONESVILLE RECREATION RES (VIC) JONESVILLE P 1947 HIST.RES. PROJ.REVW. DOE -04-02-0035-0000 USFS020701A 08/16/02 08/16/02 6Y 6Y • LOT 13/ JONESVILLE RECREATION RESI (VIC) JONESVILLE P 1948 HIST08/16/02 USFS020001A 41-0000 6Y 142220 HUMBOLDT RD PROJ.RES. 08/16/02 6Y LOT 16/ JONESVILLE RECREATION RESI (VIC) JONESVILLE P 1950 HISTPROJ.RES. USFS020001A044-0000 '08/16/02 6Y 142223 HUMBOLDT RD 08/16/02 6Y LOT 3/ BUTTE MEADOWS RECREATION RE (VIC) JONESVILLE P 1931 HIST.RES. 08/16/02 6Y 142187 HUMBOLDT RD USFS020701A 08/16/02 08/16/02 6Y MAGALIA P 1906 PROJ.REVW. FHWA030822A 09/03/03 6Y 154208 6818 DEPOT LANE MAGALIA P . 1940 PROJ.REVW. FHWA030822A 09/03/03 6Y 154207 13820 DEPOT LANE PARADISE FOREST FIRE STATION MAGALIA S 1934 REVW PROJ.. FHWA030822A 09/03/03 6Y 154222 1464 FOREST SERVICE RD MAGALIA P 1935 PROJ.REVW. FHWA030822A 09/03/03 6Y 154203 7323 PENTZ RD MAGALIA P 1940 PROJ.REVW. FHWA030822A 09/03/03 6Y 154202 7331 PENTZ RD MAGALIA P 1949 PROJ.REVW. FHWA030822A 09/03/03 6Y 4 15420 4 7340 PENTZ RD MAGALIA P 1950 PROJ.REVW. FHWA030822A 09/03/03 6Y 15420 13813 PINE NEEDLE DR MAGALIA M 1918 PROJ.REVW. FHWA030822A 09/03/03 6Y 154210 13888 PINE NEEDLE DR MAGALIA DAM U HIST.RES. SHL -0771-0000 01/31/62 1CL 089396 SKYWAY DOGTOWN NUGGET DISCOVERY SITE MAGALIA P 1947 PROJ.REVW. FHWA030822A 09/03/03 6Y 154199 9291 SKYWAY MAGALIA MAGALIA P 1937 PROJ.REVW. FHWA030822A 09/03/03 6Y 154200 9301 SKYWAY MAGALIA P 1950 PROJ.REVW. FHWA030822A 09/03/03 6Y 154201 9319 SKYWAY MAGALIA P 1940 PROJ.REVW. FHWA030822A 09/03/03 6Y 15420 5 15420 5 13678 13686 SKYWAY SKYWAY MAGALIA P 1950 PROJ.REVW. FHWA030822A NPS -82002172-0000 09/03/03 01/11/82 6Y 1S • 049964 STIRLING HWY MAGALIA COMMUNITY CHURCH MAGALIA P 1904 HIST.RES. HIST.SURV. 5954-0001-0000 01/01/82 1S OLD CHINESE CEMETERY OROVILLE U HIST.RES. SPHI-BUT-008 08/07/75 7L 090550 BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P 1930 HIST.RES. DOE -04-00-0027-0000 03/07/00 2S2 151082 PROJ.REVW. FHWA000207A 03/07/00 2S2 BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P 1930 HIST.RES. DOE -04-00-0026-0000 03/07/00 2S2 151081 PROJ.REVW.. FHWA000207A 03/07/00 2S2 OROVILLE P 1935 PROJ.REVW. HUD950228B 03/30/95 6Y 094953 1233 STH AVE OROVILLE P 1935 PROJ.REVW. HUD950228C 03/30/95 6Y 094954 1616 5TH AVE OROVILLE P HIST.RES. DOE -04-01-0006-0000 11/20/01 6Y 129070 3462 ARGONAUT AVE PROJ.REVW. HUD011005F 11/20/01 6Y OROVILLE S HIST.RES. SHL -0330-0000 08/08/39 7L 090067 BIDWELL CANYON RD BIDWELL'S BAR P HIST.RES. DOE -04-03-0052-0000 10/21/03 6Y 144733 1217 BIRD ST OROVILLE PROJ.REVW. HUD031008F 10/21/03 6Y OROVILLE P 1910 PROJ.REVW. HUD950417G 06/05/95 6Y 096206 1265 BIRD ST OROVILLE P 1930 HIST.RES. NPS -90001431-0000 09/13/90 1S 073318 2066 BIRD ST OROVILLE INN, THE OFFICE OF HISTORIC PRESERVATION * • • Directory of Properties in the Historic Property Data File for BUTTE County. Page 16 12-11-06 NAMES............................. CITY.NAME........ OWN YR -C OHP-PROG.. PRG -REFERENCE -NUMBER STAT -DAT NRS CRIT 'ROPERTY-NUMBER PRIMARY-# STREET.ADDRESS............. NAT.REG. 04-0001 09/13/90 1S AC TAX.CERT. 537.9-04-0002 05/30/90 2S3 1559 BOYNTON AVE OROVILLE P 1955 PROJ.REVW. HUD060711B 07/12/06 6Y 162735 1500 BRODERICK ST OROVILLE CHINESE TEMPLE OROVILLE P 1863 FED.FND.PR 629.0-80-HPF-04-01 01/01/80 71, 050090 HIST.RES. NPS -76000478-0000 07/30/76 IS HIST.RES. SHL -0770-0000 01/31/62 ICL 156831 129 CANYON HIGHLANDS DR OROVILLE P 1940 PROJ.REVW. HUD051107G 11/28/05 6Y CHEROKEE RD CHEROKEE TOWNSITE AND ADJOINING SP OROVILLE U HIST.RES. SPHI-BUT-009 12/19/80 7L 090551 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0039-000 03/07/00 2S2 151104 PROJ'.REVW. FHWA000207A 03/07/00 2S2 COAL CANYON RD BERKELEY OLIVE ASSOCIATON HISTORIC OROVILLE P HIST.RES. DOE -04-00-0047-0000 03/07/00 6Y 151159 PROJ.REVW. FHWA000207A 03/07/00 6Y COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0034-0000 03/07/00 2S2 151091 PROJ.REVW. FHWA000207A 03/07/00 2S2 151108 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0040-0000 03/07/00 2S2 OROVILLE P PROJ.REVW. HIST.RES. FHWA000207A DOE -04-00-0033-0000 03/07/00 03/07/00 2S2 2S2 . 151090 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI PROJ.REVW. FHWA000207A 03/07/00 2S2 151093 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0035-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151083 COAL CANYON RD BERKELEY OLIVE ASSN HISTORIC DISTR OROVILLE P 1930 HIST.RES. DOE -04-00-0028-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151094 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0036-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151138 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0043-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151135 COAL CANYON RD BERKELEY OLIVE ASSOCIATON HISTORIC OROVILLE P HIST.RES. DOE -04-00-0042-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151087 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0031-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151133 COAL CANYON.RD BERKELEY OLIVE ASSOCIATON HISTORIC OROVILLE P HIST.RES. DOE -04-00-0041-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151036 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0017-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151085 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0030-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151084 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P 1930 HIST.RES. DOE -04-00-0029-0000 03/07/04 2S2 PROJ.REVW. FHWA000207A 03/07/04 2S2 151043 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0017-0000 03/07/00 2S2 • PROJ.REVW. FHWA000207A 03/07/00 2S2 151145 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0045-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151098 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0037-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151089 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0032-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151026 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0016-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151160 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0048-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151101 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0038-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151151 COAL CANYON RD BERKELEY OLIVE ASSOCIATON HISTORIC OROVILLE P HIST.RES. DOE -04-00-0046-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y OFFICE OF HISTORIC PRESERVATION * * * Directory of Properties in the Historic Property Data File for BUTTE County. Page 17 12-11-06 PROPERTY -NUMBER PRIMARY-# STREET.ADDRESS............. NAMES............................. CITY.NAME.....:.. OWN YR -C OHP-PROG.. PRG -REFERENCE -NUMBER STAT -DAT NRS CRIT 151141 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0044-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 099030 2363 D ST SUE GIBSON HOUSE,MOORETOWN RANCHER OROVILLE P 1930 PROJ.REVW. BIA951214A 12/27/96 6Y 090554 FEATHER RIVER LONG'S BAR OROVILLE U HIST.RES. SPHI-BUT-012 12/21/81 7L 090557 FEATHER RIVER BLVD CHINESE CEMETERY OROVILLE U HIST.RES. SPHI-BUT-014 03/01/82 7L 090558 FEATHER RIVER BLVD JEWISH CEMETERY OROVILLE U HIST.RES. SPHI-,BUT-015 03/01/02 7L 163411 860 GARDELLA AVE OROVILLE P 1940 PROJ.REVW. HUD060922K 09/25/06 6Y 147932 400 GLEN DR BUTTE COUNTY MOTHER ORANGE TREE OROVILLE S 1856 HIST.RES. SHL -1043-0000 05/12/05 ICL ST.HS.LDMK 04-0014 07/14/04 7J 050116 400 GLENN DR BIDWELL BAR BRIDGE AND TOLL HOUSE; OROVILLE S 1856 HIST.SURV. 5965-0011-0000 7N HIST.RES. SHL -0314-0000 07/12/39 7L 2050 GRAY ST OROVILLE P 1910 HIST.RES. DOE -04-04-0005-0000 11/29/04 6Y 150377 PROJ.REVW. HUD040920H 11/29/04 6Y 161660 2145 GRAY ST OROVILLE P PROJ.REVW. .HUD060306I 03/15/06 6Y 162727 1640 HAMMON AVE OROVILLE OROVILLE. P P 1952 1905 PROJ.REVW. HIST.RES. HUD060726B DOE -04-04-0007-0000 07/28/06 03/05/04 6Y 6Y • 150622 719 HIGH ST PROJ.REVW. HUD040209B 03/05/04 6Y 050097 2189 HIGH ST WESTERN PACIFIC RAILROAD DEPOT OROVILLE P 1910 HIST.SURV. 5965-0008-0000 7R 163440 38 HIGHLANDS BLVD OROVILLE P 1946 PROJ.REVW. HUD060922L 09/25/06 6Y 050110 1337 HUNTOON ST GEM SALOON BUILDING OROVILLE P 1859 HIST.SURV. 5965-0009-0013 07/28/83 1D 050111 1341 HUNTOON ST HENDEE & GASKILL BUILDING OROVILLE P 1859 HIST.SURV. 5965-0009-0014 07/28/83 1D 050113 1359 HUNTOON ST GRAY NURSE HARDWARE BUILDING OROVILLE P 1875 HIST.SURV. 5965-0009-0016 07/28/83 1D 7981 HWY 70 OROVILLE P 1947 HIST.RES. DOE -04-00-0056-0000 03/07/00 6Y 151171 PROJ.REVW. FHWA000207A 03/07/00 6Y 151172 7983 HWY 70 OROVILLE P 1947_.HIST.RES. DOE -04-00-0057-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151168 8002 HWY 70 OROVILLE P 1910 HIST.RES. DOE -04-00--0053-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151169 8098 HWY 70 OROVILLE P 1930 HIST.RES. DOE -04-00-0054-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 150938 12 LA MEDIA DR OROVILLE P 1950 HIST.RES. DOE -04-04-0008-0000 07/29/04 6Y PROJ.REVW. HUD040716J 07/29/04 6Y 090555 LINCOLN BLVD OROVILLE CEMETERY OROVILLE U HIST.RES. SPHI-BUT-013 03/01/82 7L 050096 1215 LINCOLN ST FONG•LEE CO, FONG LEE OROVILLE P 1924 HIST.RES. NPS -82002173-0000 03/11/82 1S 162734 1356 LINDEN AVE OROVILLE P PROJ.REVW. HUD060518B 07/12/06 6Y 074310 45 LOWER HONCUT RD OROVILLE U 1945 PROJ.REVW. FHWA021003A 12/16/02 7K HIST.RES. DOE -04-92-0001-0000 01/21/92 6Y PROJ.REVW. FHWA911206D 01/21/92 6Y • 144734 2530 MCCLELLAN AVE OROVILLE P HIST.RES. .DOE -04-03-0053-0000 10/21/03 6Y PROJ.REVW. HUD031008H 10/21/03 6Y 098973 2275 MESA AVE OROVILLE P 1930 PROJ.REVW. HUD950823C 12/27/95 6Y 074301 1013 MIDDLEHOFF LANE OROVILLE U 1928 PROJ.REVW. FHWA911206E 01/21/92 6Y 141619 22 MIDWAY DR OROVILLE P HIST.RES. DOE -04-03-0045-0000 07/02/03 6Y PROJ.REVW. HUD030618F 07/02/03 6Y 050114 0 MONTGOMERY ST OLD OROVILLE COMMERCIAL DIST, BLDG OROVILLE. P 1858 ST.FND.PRG 619.0 -HP -88-04-002 12/14/88 3 ST.FND.PRG 619.0 -84 -HP -04-002 10/31/85 3 FED.FND.PR 629.0-83-OJB-04-01 01/01/83 7L HIST.RES. NPS -83001174-0000 07/28/93 1S HIST.SURV. 5965-0009-9999 07/28/83 1S 090544 1067 MONTGOMERY ST LOTT MUSEUM -SANK PARK OROVILLE M 1956 HIST.RES. SPHI-BUT-001 08/05/66 7L 084835 1675 MONTGOMERY ST OROVILLE PUBLIC LIBRARY; CARNEGIE OROVILLE M 1912 NAT.REG. 04-0016 08/23/06 7J HIST.RES. DOE -04-03-0054-0000 11/25/03 2S2 AC PROJ.REVW. HUD031020L 11/25/03 2S2 AC HIST.SURV. 5965-0014-0000 11/12/89 3S AC 050098 1850 MONTGOMERY ST OROVILLE P 1860 HIST.SURV. 5965-0009-0001 07/28/83 ID OFFICE OF HISTORIC PRESERVATION * * * Directory of Properties in the Historic Property Data File for BUTTE County. Page 18 12-11-06 PROPERTY -NUMBER PRIMARY-# STREET.ADDRESS............. NAMES............................. CITY.NAME........ OWN YR -C. OHP-PROG.. PRG -REFERENCE -NUMBER STAT -DAT NRS CRIT 050099 1858 MONTGOMERY ST OROVILLE P 1860 HIST.SURV. 5965-0009-0002 07/28/83 1D ' 050100 1864 MONTGOMERY ST GOV PERKINS BUILDING OROVILLE P 1860 HIST.SURV. 5965-0009-0003 07/28/83 1D 073617 1877 MONTGOMERY ST GARDELLA-REECE BUILDING OROVILLE P 1911 TAX.CERT. 537.9-04-0004 08/16/83 2D3 HIST.SURV. 5965-0009-0004 07/28/83 1D 050102 1911 MONTGOMERY ST HECKER BUILDING, GOLDEN GATE BUILD OROVILLE P 1856 HIST.SURV. 5965-0009-0005 07/28/83 1D 050103 1919 MONTGOMERY ST TOY FOGG BUILDING OROVILLE P 1857 HIST.SURV. 5965-0009-0006 07/28/83 1D 050104 1925 MONTGOMERY ST BROCK BUILDING OROVILLE P 1858 HIST.SURV. 5965-0009-0007 07/28/83 1D 050105 1933 MONTGOMERY ST SCRUGGS & MEADOR BUILDING OROVILLE P 1859 HIST.SURV. 5965-0009-0008 07/28/83 1D 050106 1941 MONTGOMERY ST GOLDSTEIN BUILDING OROVILLE P 1859 HIST.SURV. 5965-0009-0009 07/28/83 1D 050107 1955 MONTGOMERY ST KUSEL BUILDING OROVILLE P 1878 HIST.SURV. 5965-0009-0010 07/28/83 1D 050108 1963 MONTGOMERY ST FRIESLEBEN HOWARD BUILDING OROVILLE P 1878 HIST.SURV. 5965-0009-0011 07/28/83 1D 050109 1975 MONTGOMERY ST WASHINGTON BLOCK BUILDING OROVILLE P 1856 HIST.SURV. 5965-0009-0012 07/28/83 1D 090548 2316 MONTGOMERY ST GARROTT'S SAW MILL OROVILLE P HIST.RES. SPHI-BUT-005 .06/06/69 7L 163442 2815 MONTGOMERY ST OROVILLE P 1920 PROJ.REVW. HUD060922M 09/25/06 6Y 162736 119 MORNINGSTAR AVE OROVILLE P 1954 PROJ.REVW. HUD060711C 07/12/06 6Y 050112 1346 MYERS ST STATE THEATRE OROVILLE OROVILLE P M 1858 1928 HIST.SURV. HIST.RES. 5965-0009-0015 NPS -91001383-0000 07/28/83 09/13/91 1D 1S 072997 1489 MYERS ST NAT.REG. 04-0002 09/13/91 1S A 105444 176 NELSON AVE OROVILLE RANGER UNIT HEADQUARTERS OROVILLE S 1940 ST.AG.5024 ST.AG.-3540-0125 11/20/96 4CM AD 105440 176 NELSON AVE OROVILLE RANGER UNIT HEADQUARTERS OROVILLE S 1937 ST.AG.5024 ST.AG.-3540-0124 11/20/96 4CM AD 162061 2485 NEVADA AVE OROVILLE P PROJ.REVW. HUD060406B 05/08/06 6Y 151010 OPENSHAW RD BR. 12C-268/DRY CREEK OROVILLE S 1938 HIST.RES. DOE -04-00-0010-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151005 OPENSHAW RD BR. 12C-267/GOLD RUN CREEK OROVILLE S 1955 HIST.RES. DOE -04-00-0009-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151012 OPENSHAW RD BR. 12C-269/DRY CREEK OVERFLOW OROVILLE S 1931 HIST.RES. DOE -04-00-0011-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151013 OPENSHAW RD BR. 12C-270/DRY CREEK OROVILLE S 1955 HIST.RES. DOE -04-00-0012-000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 094956 3204 ORANGE AVE OROVILLE P 1928 PROJ.REVW. HUD95013OW 03/30/95 6Y 089477 OREGON GULCH RD OREGON CITY OROVILLE U HIST.RES. SHL -0807-0000 06/28/65 ICL 074302 1203 ORO DAM BLVD WEST OROVILLE U 1930 PROJ.REVW. FHWA911206E 01/21/92 6Y 074303 1275 ORO DAM BLVD WEST OROVILLE U 1925 PROJ.REVW. FHWA911206E 01/21/92 6Y 074304 1651 ORO DAM BLVD WEST OROVILLE U 1930 PROJ.REVW. FHWA911206E 01/21/92 6Y 074305 1779 ORO DAM BLVD WEST OROVILLE U 1938 PROJ.REVW. FHWA911206E 01/21/92 6Y 074306 1781 ORO DAM BLVD WEST OROVILLE U 1929 PROJ.REVW. FHWA911206E 01/21/92 6Y 098975 2294 ORO QUINCY SR OROVILLE P 1930 PROJ.REVW. HUD950823D 12/27/95 6Y 074311 0 OROVILLE HWY JAEGER FARM OROVILLE U 0 HIST.RES. DOE -04-92-0002-0000 01/21/92 6Y PROJ.REVW. FHWA911206D 01/21/92 6Y • 115809 1359 OROVILLE HWY SWIMMING POOL / BIGGS RANCH OROVILLE P HIST.RES. DOE -04-92-0003-0003 01/21/92 2D2 C PROJ.REVW. FHWA911206D 01/21/92 2D2 C 115813 1359 OROVILLE HWY MILK BARN / BIGGS RANCH OROVILLE P 1915 HIST.RES. DOE -04-92-0003-0007 01/21/92 2D2 C PROJ.REVW. FHWA911206D 01/21/92 2D2 C 115814 1359 OROVILLE HWY TANK HOUSE / BIGGS RANCH OROVILLE P 1915 HIST.RES. DOE -04-92-0003-0008 01/21/92 2D2 C PROJ.REVW. FHWA911206D 01/21/92 2D2 C 115815 1359 OROVILLE HWY GRANARY / BIGGS RANCH OROVILLE P HIST.RES. DOE -04-92-0003-0009 01/21/92 2D2 C b��-ODS/�/ 115810 dw I1 1359 OROVILLE HWY GARAGE / BIGGS RANCH OROVILLE P 1920 PROJ.REVW. HIST.RES. ..FHWA911206D DOE -04-92-0003-0004 01/21/92 01/21/92 2D2 2D2 C C PROJ.REVW. FHWA911206D 01/21/92 2D2 C 115608 1359 OROVILLE HWY SERVANT QUARTERS / BIGGS HOUSE OROVILLE P 1926 HIST.RES. DOE -04-92-0003-0002 01/21/92 2D2 C PROJ.REVW. FHWA911206D 02/21/92 2D2 C 115811 1359 OROVILLE HWY OROVILLE POST OFFICE / BIGGS RANCH OROVILLE P HIST.RES. DOE -04-92-0003-0005 01/21/92 2D2 C PROJ.REVW. FHWA911206D 01/21/92 2D2 C 115812 1359 OROVILLE HWY HAY BARN / BIGGS RANCH OROVILLE P 1917 HIST.RES. DOE -04-92-0003-0006 01/21/92 2D2 C PROJ.REVW. FHWA911206D 01/21/92 2D2 C 074312 1359 OROVILLE HWY BIGGS RANCH OROVILLE U 1900 HIST.RES. DOE -04-92-0003-9999 01/21/92 2S2 C OFFICE OF HISTORIC PRESERVATION * * * Directory of Properties in the Historic Property Data File for BUTTE County. Page 19 12-11-06 PROPERTY -NUMBER PRIMARY-# STREET.ADDRESS............. NAMES............................. CITY.NAME........ OWN YR -C OHP-PROG.. PRG -REFERENCE -NUMBER STAT -DAT NRS CRIT PROJ.REVW. FHWA911206D 01/21/92 2S2 C " 074313()+()0N(p29-+ 1359 OROVILLE HWY BIGGS HOUSE OROVILLE U 1922 HIST.RES. DOE -04-92-0003-0001 01/21/92 2B C PROJ.REVW. FHWA911206D 01/21/92 2B C 074314_04.CDa(0p3 1402 OROVILLE HWY BIGGS RENTAL OROVILLE U 1935 HIST.RES. DOE -04-92-0004-0000 02/21/92 6Y PROJ.REVW. FHWA911206D 01/21/92 6Y 074315' 1617 OROVILLE HWY ROBINSON'S CORNER OROVILLE U 1925 HIST.RES. DOE -04-92-0005-0000 01/21/92 2S2 A PROJ.REVW. FHWA911206D 01/21/92 2S2 A 074316 Lo1(.-O015go2 1707 OROVILLE HWY ROY ROBINSON HOME OROVILLE U 1918 HIST.RES. DOE -04-92-0006-0000 01/21/92 6Y PROJ.REVW. FHWA911206D 01/21/92 6Y 0743171P-Ulf-oo a55R -32111 OROVILLE HWY AKERS HOUSE OROVILLE U 1910 HIST.RES. DOE -04-92-0007-0000 01/21/92 6Y PROJ.REVW. FHWA911206D 01/21/92 6Y 074318 3464 OROVILLE HWY OROVILLE U 1945 HIST.RES. DOE -04-92-0008-0000 01/21/92 6Y PROJ.REVW. FHWA911206D 01/21/92 6Y 089479 OROVILLE-QUINCY SR DISCOVERY OF THE LAST YAHI INDIAN OROVILLE C HIST.RES. SHL -0809-0000 10/05/65 ICL 150375 2283 PARK AVE OROVILLE P HIST.RES. DOE -04-04-0004-0000 07/13/04 6Y 098972 1753 PINE ST OROVILLE P 1915 PROJ.REVW. PROJ.REVW. HM040614E HUD950823B 07/13/04 12/27/95 6Y 6Y • 094955 1950 PINE ST OROVILLE P 1925 PROJ.REVW. HUD950228D 03/30/95 6Y 132870 4828 POWER HOUSE HILL RD PUMP HOUSE OROVILLE P 1925 HIST.RES. DOE -04-01-0011. 0000 11/06/01 6Y PROJ.REVW. FHWA010810D 11/06/01 6Y 132867 4828 POWER HOUSE HILL RD MAIN HOUSE OROVILLE P 1905 HIST.RES. DOE -04-01-0008-0000 11/06/01 6Y PROJ.REVW. FHWA010810D 11/06/01 6Y 132869 4828 POWER HOUSE HILL RD BARN OROVILLE P 1910 HIST.RES. DOE -04-01-0010-0000 11/06/01 6Y PROJ.REVW. FHWA010810D 11/06/01 6Y 132868 4828 POWER HOUSE HILL RD COTTAGE OROVILLE P 1940 HIST.RES. DOE -04-01-0009-0000 11/06/01 6Y PROJ.REVW. FHWAO10810D 11/06/01 6Y 162060 1289 ROBINSON ST OROVILLE P PROJ.REVW. HUD060406A 05/08/06 6Y 050115 1735 ROBINSON ST UNITED STATES POST OFFICE, OROVILL OROVILLE F 1932 HIST.RES. NPS -65000123-0000 01/11/85 1S HIST.RES. DOE -04-84-0001-0000 02/09/83 2S2 C PROJ.REVW. USPS830802B 02/09/83 2S2 C 151080 ROCKY LANE BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0026-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151079 ROCKY LANE BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0025-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151073 ROCKY LANE BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0019-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151072 ROCKY LANE BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0018-0000 03/D7/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151078 ROCKY LANE BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0024-0000 03/07/00 2S2 • PROJ.REVW. FHWA000207A 03/07/00 2S2 151076 1 ROCKY LANE BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0022-0000 03/07/04 2S2 PROJ.REVW. FHWA000207A 03/07/04 2S2 151075 ROCKY LANE BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0021-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151077 ROCKY LANE BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0023-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151074 ROCKY LANE BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0020-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 150519 1145 SAFFORD ST OROVILLE P 1900 HIST.SURV. 5965-0023-0000 094952 2989 SPENCER AVE OROVILLE P 1940 PROJ.REVW. HUD950228A 03/30/95 6Y 150992 SR 149 BR. 12-73 OROVILLE S 1975 HIST.RES. DOE -04-00-0004-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/04 6Y 150989 SR 149 BR. 12-191/GOLD RUN CREEK OROVILLE S 1975 HIST.RES. DOE -04-00-0002-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/04 6Y 150991 SR 149 BR. 12-70/DRY CREEK OROVILLE S 1975 HIST.RES. DOE -04-00-0003-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y OFFICE OF HISTORIC PRESERVATION * * * Directory of Properties in the Historic Property Data File for BUTTE County. Page 20 12-11-06 PROPERTY -NUMBER PRIMARY-# STREET.ADDRESS............. NAMES............................. CITY.NAME........ OWN YR -C OHP-PROG.. PRG -REFERENCE -NUMBER STAT -DAT NRS CRIT 150984 SR 70 BR. 12-139/GOLD RUN CREEK OROVILLE S 1958 HIST.RES. DOE -04-00-0001-0000 03/07/00 6Y ' PROJ.REVW. FHWA000207A 03/07/00 6Y 150994 SR 70 BR. 12-144/CAMPBELL CREEK OVERFLOW OROVILLE S 1963 HIST.RES. DOE -04-00-0006-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151015 SR 70 BRIDGE #12-88 / TABLE MOUNTAIN OVE OROVILLE S 1963 HIST'.RES. DOE -04-00-0013-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 2364 SR 70 OROVILLE P 1920 HIST,.RES. DOE -04-02-0009-0000 12/16/02 6Y 136490 PROJ.REVW. FHWA021003A 12/16/02 6Y 151000 SR 99 BR. 12-123/196/DRY CREEK OROVILLE S 1952 HIST.RES. DOE -04-00-0008-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/04 6Y SR 99 BR. 12-75/LITTLE DRY CREEK OROVILLE S 1952 HIST.RES. DOE -04-00-0005-0000 03/07/00 6Y 150993 PROJ.REVW. FHWA000207A 03/07/00 6Y 151167 TABLE MOUNTAIN BLVD BARN ACROSS FROM 2128 TABLE MOUNTA OROVILLE P 1920 HIST.RES. DOE -04-00-0052-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 069296 TABLE MOUNTAIN BLVD TABLE MOUNTAIN BOULEVARD BRIDGE OROVILLE U PROJ.REVW. 10/28/77 2S 151165 TABLE MOUNTAIN BLVD OROVILLE P 1880 HIST.RES. PROJ.REVW. DOE -04-00-0051-0000 FHWA000207A 03/07/00 03/07/00 6Y 6Y 151016 TABLE MOUNTAIN BLVD BR. 12C-143/CAMPBELL CREEK OROVILLE S 1940 HIST.RES. DOE -04-00-0014-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 150997 TABLE MOUNTAIN BLVD BR. 12-145/CAMPBELL CREEK OROVILLE S 1963 HIST.RES. DOE -04-00-0007-0000 03/07/00 6Y PROJ.REVW. FRWA000207A 03/07/00 6Y 151017 TABLE MOUNTAIN BLVD BR. 12C-144/CAMPBELL CREEK OROVILLE S 1940 HIST.RES. DOE -04-00-0015-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151163 2092 TABLE MOUNTAIN BLVD OROVILLE P 1920 HIST.RES. DOE -04-00-0049-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151164 2096 TABLE MOUNTAIN BLVD OROVILLE P 1920 HIST.RES. DOE -04-00-0050-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y " 151170 2185 TABLE MOUNTAIN BLVD OROVILLE P 1950 HIST.RES. DOE -04-00-0055-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 156830 1730 VEATCH ST OROVILLE P 1950 PROJ.REVW. HUD051107P 11/28/05 6Y 151174 W HWY 70 EQUIPMENT SHED OROVILLE P 1942 HIST.RES. DOE -04-00-0059-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 102890 2285 WILCOX AVE OROVILLE P 1910 PROJ.REVW. HUD960619E 08/06/96 6Y 103181 - BALD MOUNTAIN FIRE LOOKOUT STATION (VIC) OROVILLE S 1934 ST.AG.5024 ST.AG-3540-000029 09/12/96 4CM AD 103179 BLOOMER HILL FIRE LOOKOUT STATION (VIC) OROVILLE S 1925 ST.AG.5024 ST AG -3540-000041 09/12/96 4CM AD 103182 PLATTE MOUNTAIN FIRE LOOKOUT STATI (VIC) OROVILLE S 1956 ST.AG.5024 ST.AG-3540-000028 09/12/96 4CM AD 103180 SAWMILL PEAK FIRE LOOKOUT STATION (VIC) OROVILLE S 1929 ST.AG.5024 ST.AG-3540-000025 09/12/96 4CM 103178 SUNSET HILL FIRE LOOKOUT STATION (VIC) OROVILLE S 1934 ST.AG.5024 ST.AG-3540-000037 09/12/96 4CM 090561 6TH ST OROVILLE ODD FELLOWS HOME SITE, BE (VIC) OROVILLE U HIST.RES. SPHI-BUT-018 08/17/90 7L 136485 63 LOWER HONCUT RD (VIC) OROVILLE P 1910 HIST.RES. DOE -04-02-0004-0000 12/16/02 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 140781 OROVILLE BANGOR SR ROCKY HONCUT CREEK BRIDGE #12CO292 (VIC) OROVILLE S 1937 HIST.RES. DOE -04-03-0044-0000 05/21/03 6Y PROJ.REVW. FHWA030425A 05/21/03 6Y 140780 OROVILLE BANGOR SR BRANCH ROCKY HONCUT CREEK BRIDGE # (VIC) OROVILLE S 1940 HIST.RES. DOE -04-03-0043-0000 05/21/03 6Y PROJ.REVW. FHWA030425A 05/21/03 6Y 136493 1141 PALERMO RD (VIC) OROVILLE P 1956 HIST.RES. DOE -04-02-0012-0000 12/16/02 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 136494 POWER HOUSE HILL RD SCHULTZ BARN (VIC) OROVILLE P 1920 HIST.RES. DOE -04-02-0013-0000 12/16/02 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 136492 6069 POWER HOUSE HILL RD (VIC) OROVILLE P 1946 HIST.RES. DOE -04-02-0011-0000 12/16/02 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 136491 6317 POWER HOUSE HILL RD (VIC) OROVILLE P 1922 HIST.RES. DOE -04-02-0010-0000 12/16/02 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 136506 103 SCHOOL ST (VIC) OROVILLE P 1900 HIST.RES. DOE -04-02-0014-0000 12/16/02 6Y OFFICE OF HISTORIC PRESERVATION * * * Directory of Properties in the Historic Property Data File for BUTTE County. Page 21 12-11-06 PROPERTY -NUMBER PRIMARY-# STREET.ADDRESS............. NAMES............................. CITY.NAME........ OWN YR -C OHP-PROG.. PRG -REFERENCE -NUMBER STAT -DAT NRS CRIT PROJ.REVW. FHWA021003A 12/16/02 6Y 050091 SR 162 BRIDGE #12-34 (VIC) OROVILLE S 1921 HIST.SURV. 5965-0002-0000 3S 050093 SR 191 BRIDGE #12-170 (VIC) OROVILLE S 1925 HIST.SURV. 5965-0004-0000 7R 050094 SR 191 BRIDGE #12-171 (VIC) OROVILLE S 1925 HIST.SURV. 5965-0005-0000 7R 050095 SR 191 BRIDGE #12-172 (VIC) OROVILLE S 1925 HIST.SURV. 5965-0006-0000 7R 105433 SR 70 JARBO GAP FOREST FIRE STATION BARR (VIC) OROVILLE S 1937 ST.AG.5024 ST.AG.-3540-0118 11/20/96 4CM AD 050092 SR 70 BRIDGE #12-61 (VIC) OROVILLE S 1922 HIST.SURV. 5965-0003-0000 7R 136487 SR 70 CENTRAL HOUSE ROAD BARN (VIC) OROVILLE P 1925 HIST.RES. DOE -04-02-0006-0000 12/16/02 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 136486 992 SR 70 (VIC) OROVILLE P 1948 HIST.RES. DOE -04-02-0005-0000 12/16/02 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 136488 1421 SR 70 (VIC) OROVILLE P 1920 HIST.RES. DOE -04-02-0007-0000 12/16/02. 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 136489 1532 SR 70 (VIC) OROVILLE P 1920 HIST.RES. DOE -04-02-0008-0000 12/16/02 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 069664 HONCUT RD HONCUT CREEK BRIDGE (VIC) PALERMO U PROJ.REVW. 10/28/77 2S 136507 1527 PALERMO RD (VIC) PALERMO P. 1920 HIST.RES. DOE -04-02-0015-0000 12/16,/02 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 136508 1630 PALERMO RD (VIC) PALERMO P 1950 HIST.RES. DOE -04-02-0016-0000 12/16/02 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 156832 1130 BILLE RD PARADISE P 1920 PROJ.REVW. HUD051107H 11/28/05 6Y 152481 5344 CLARK RD HEINKE PROPERTY PARADISE P 1945 HIST.RES. DOE -04-04-0018-0000 09/30/04 6Y PROJ.REVW. FHWA040916A 09/30/04 6Y 152483 5348 CLARK RD HEINKE PROPERTY PARADISE P 1950 HIST.RES. DOE -04-04-0019-0000 09/30/04 6Y PROJ.REVW. FHWA040916A 09/30/04 6Y 152478 5365 CLARK RD PARADISE INDUSTRIAL PARK' PARADISE P 1954 HIST.RES. DOE -04-04-0017-0000 09/30/04 6Y PROJ.REVW. FHWA040916A 09/30/04 6Y 152456 5427 CLARK RD PARADISE MANOR BED 6 BREAKFAST PARADISE P 1949 HIST.RES. DOE -04-04-0011-0000 09/30/04 6Y PROJ.REVW. FHWA040916A 09/30/04 6Y 152459 5515 CLARK RD VISINONI GENERAL CONTRACTOR PARADISE P 1945 HIST.RES. DOE -04-04-0012-0000 09/20/04 6Y PROJ.REVW. FHWA040916A 09/20/04 6Y 152475 5520 CLARK RD KEMPER CHIROPRACTIC PARADISE P 1950 HIST.RES. DOE -04-04-0016-0000 09/30/04 6Y PROJ.REVW. FHWA040916A 09/30/04 6Y 152468 5522 CLARK RD PARADISE P 1950 HIST.RES. DOE -04-04-0015-0000 09/30/04 6Y PROJ.REVW. FHWA040916A 09/30/04 6Y 152463 5542 CLARK RD GALLAGHER CHIROPRACTIC PARADISE P 1953 HIST.RES. DOE -04-04-0013-0000 09/30/04 6Y PROJ.REVW. FHWA040916A 09/30/04 6Y 152466 5542 CLARK RD PARADISE P 1950 HIST.RES. DOE -04-04-0014-0000 09/30/04 6Y PROJ.REVW. FHWA040916A 09/30/04 6Y 161495 6107 CLARK RD PARADISE P 1953 PROJ.REVW. HUD060327FF 03/28/06 6Y 152770 137 COAST RANGE LANE PARADISE P 1950 HIST.RES. DOE -04-05-0001-0000 02/22/05 6Y PROJ.REVW. HUD050217A 02/22/05 6Y 132781 1223 ELLIOTT RD PARADISE P 1949 HIST.RES. DOE -04-02-0001-0000 08/05/02 6Y PROJ.REVW. HUD020801C 08/05/02 6Y 105447 1464 FOREST SERVICE RD PARADISE FOREST FIRE STATION 2 -SAY PARADISE S 1934 ST.AG.5024 ST.AG.-3540-0127. 11/20/96 4CM AD 105446 1464 FOREST SERVICE RD PARADISE FOREST FIRE STATION COMBI PARADISE S 1934 ST.AG.5024 ST.AG.73540-0126 11/20/96 4CM AD 153740 1189 GLEN CR PARADISE P 1949 PROJ.REVW. HUD050415D 04/19/05 6Y 090552 PEARSON RD BUTTE COUNTY RAIROAD DEPOT PARADISE P HIST.RES. SPHI-BUT-011 12/21/81 7L 161990 5412 S LIBBY RD PARADISE P 1944 PROJ.REVW. HUD060503B 05/04/06 6Y 154980 8247 SKYWAY DUKE'S CORK 'N' BOTTLE DISCOUNT LI PARADISE P 1939 PROJ.REVW. FHWA050729Z 08/17/05 PROJ.REVW. FHWA050729Z 08/17/05 6Y 154982 1130 WAGSTAFF RD SERENITY WOODS ART GALLERY PARADISE P 1947 PROJ.REVW. FHWA050729Z 08/17/05 6Y 154981 1147 WAGSTAFF RD PARADISE P 1951 PROJ.REVW. FHWA050729Z 08/17/05 6Y BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.) DATE: AGENT: The Engineering Group APN: FILE #: GPA07-0002 & REZ07-0001 PLANNER: *There are no Standard Conditions for a General Plan Amendment. January 18, 2007 031-060-054 & 031-070-084 Chris Tolley PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: J. SITE DEVELOPMENT ❑ 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Exhibit B" and dated 20 and is incorporated herein by this reference. ga"� 2� Prior to the issuance of building permits, the plans, incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. ❑ 3. Trash receptacle areas shall be enclosed by a 6 foot high solid masonry wall with view obstructing gates and a solid or semi -open shade cover. Plans to be reviewed and approved by the Planning Division prior to construction. ❑ 4. Prior to any use of the project site or business activity being commenced thereon, pursuant to this permit, conditions of approval contained herein shall be completed to the satisfaction of the Planning Division. ❑ 5. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical boxes, transformers, and backflow preventers, shall be screened from public view. Screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. K. LANDSCAPING ❑ 1. A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits. ❑ 2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access, shall be provided to and approved by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature trees removed shall be replaced by planting replacement trees of equal number and not less than gallon size. ❑ 3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, during the term of this permit. ❑ 4. All graded slopes, over 5 feet in height, or on slopes greater than %, shall be seeded, planted, 0 . mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted to guarantee installation and established growth. ❑ 5. In parking lots of commercial and industrial development, trees of not less than 15 gallon size shall be provided to reduce heat gain from the paved surface and to soften the visual impact of the paved area. Such trees shall be planted at a minimum density of one tree every three parking spaces. Tree species shall be approved by the Planning Division prior to planting. ❑ 6. Prior to the commencement of grading and/or construction activity, all individual or groups of oak trees which are to be retained as part of the project, shall be fully protected through the use of root protection zones (RPZ). During construction, RPZs shall be established using protective fencing enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. Within this protective buffer, no grading, trenching, fill, or vegetation alteration of any kind shall be allowed.. The RPZs shall be maintained after the completion of construction in order to continue to protect the oak trees, but the fencing shall be removed. L. GRADING �1. During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division. Archaeological artifacts are defined as follows: ❑ 2. Prior to any clearing, grading and/or construction in a Federal or State identified 100 -year floodplain and/or streambed, the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404 permit or exemption certificate. M. ADDITIONAL APPROVALS ❑ 1. Prior to the issuance of building permits, payment of the North Oroville/Thermalito Traffic Impact Fees shall be made. ❑ 2. Prior to the issuance of a building permit for each new or additional living unit, the applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee. ❑ 3. Prior to the issuance of the Rezone, to insure the maintenance and continuance of the orchard or other agricultural use of the property, the property owner shall enter into the County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The agreement shall be recorded and recording fees paid by the applicant. 4. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. ❑ 5. This Conditional Rezone is granted for a period of month(s) at the end of which time it shall expire (unless the approving authority has held a hearing thereon and granted an extension. In connection with such an extension, the approving authority may add, change, or delete conditions). ❑ 6. Approval of this Conditional Rezone shall become null and void if the use for which it has been granted is not established within two calendar years from the date of approval. No formal cancellation or revocation action by the County will be necessary. ❑ 7. The developer shall display a current County Zoning and County Land Use Map in the sales office at all times, and/or suitable alternatives. 8. Approval of this application does not become effective unless, pribr to 4:00 p.m. on , 20_, the applicant shall sign and file with the Department of Development Services an Indemnity Agreement in a form satisfactory to the County Counsel. ❑ 9. Prior to the issuance of a building permit or prior to the issuance of a Rezone for a Mobile Home Park, the Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article II, of the Butte County Code. The fee amount shall be determined and calculated as of the date of application for building permit. ❑ 10. Prior to the issuance of the Rezone, the applicant or property owner shall sign and record the CSA 87 Traffic and Drainage Mitigation Agreement or pay the required fees. ❑ 11. Prior to the issuance of the Rezone, the applicant shall contact the Butte County Tax Collector's Office to begin the process of a Transient Occupancy Registration Certificate. A Transient Occupancy Registration Certificate shall be required within ten (10) days after commencing business for a motel, hotel, inn, tourist home, bed and breakfast, rooming house, apartment house, mobile home park, recreational vehicle park, campground, or parking area (See Chapter 23A). 12. Prior to the issuance of the Rezone, the applicant shall pay all outstanding County fees. Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION '° BUILDING ` PLANNING February 7, 2007 TO: `caiT-ram— 6,�;)F FROM: Chris Tolley, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Verney Chun (Tidewatchers Associate, LP) REZ07-0001 APN: 035-130-074,120,179 Date of Inter -Departmental Review: 2/7/2007 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: February 7, 2007 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: February 21, 2007 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 2/7/2007, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The applicant is requesting Rezone of parcels 031-060-054 and 031-070- 084 from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Concurrently, the applicant is requesting a General Plan Amendment of the parcels from P -Q (Public - Quasi Public) to AR (Agricultural Residential). PROJECT LOCATION: the parcels are located northwest of Cherokee Road, 0.60 mile north of the Cherokee Road and Table Mountain Boulevard intersection, northwest of the City of Oroville. COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: P -Q (Public -Quasi Public) GENERAL PLAN: P -Q (Public -Quasi Public) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an email at ctolley@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. IDR COMMLT.TEE:- APPLICATION. COMPLETE:.` No (Please send response to Chris Tolley by February 7, 2007) X Yes (Conditions/mitigation measures due by February 21, 2007) Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION * BUILDING * PLANNING February 7, 2007 TO: mal Fans FROM: Chris Tolley, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Verney Chun (Tidewatchers Associate, LP) GPA07-0002 APN: 035-130-074, 120,179 Date of Inter -Departmental Review: 2/7/2007 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: February 7, 2007 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: February 21, 2007 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 2/7/2007, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031- 060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR - 5 (Agricultural Residential, five acre minimum). PROJECT LOCATION: the parcels are located northwest of Cherokee Road, 0.60 mile north of the Cherokee Road and Table Mountain Boulevard intersection, northwest of the City of Oroville. COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: P -Q (Public -Quasi Public) GENERAL PLAN: P -Q (Public -Quasi Public) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an email at ctolley@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. IDR,COMMITTEE °APPLICATION COMPLETE: No Please send response to Chris Tolley by February 7, 2007 X Yes (Conditions/mitigation measures due by February 21, 2007) • 0 Tolley, Chris From: Read, Darren [Darren. Read@fire.ca.gov] Sent: Tuesday, January 30, 2007 8:48 AM To: Tolley, Chris Cc: Read, Darren Subject: FW: Chun (Tidewatchers Assoc.) REZ07-0001 IDR Eval COA and GPA07-0002 Page 1 of 1 Attachments: Chun (Tidewatchers Assoc.) REZ07-0001.Request for Comments (1 -1 8-07).doc; Chun (Tidewatchers Assoc.) GPA07-0002. Request for Comments (1-18-07).doc; Chun (Tidewatchers Assoc.) GPA07-0002 IDR Eva[ COA.doc; Chun (Tidewatchers Assoc.) REZ07- 0001 IDR Eval COA.doc No condition for either one. Darren Read Fire Captain, Fire Protection Planning Butte Unit Fire Prevention Bureau CAL FIRE/Butte County Fire Department 176 Nelson Ave. Oroville CA 95965 (530) 538-7888, Office (530) 538-2105, Fax From: Bonham, Tina [mailto:tbonham@buttecounty.net] Sent: Friday, January 26, 2007 9:38 AM To: Aguila, Michelle; Banner, Brad; Betts, Steve; Breedon, Dan; Castanon, Yvette; Cochran, Ada; Fogel, Doug; Fowler, Steve; Gillis, Kathy; Jolliffe, Stacey; Kirk, Maureen; Loker, Sally; Lucas, Steve; Read, Darren; Reimers, Ken; Rutherford, Scott; Schroth, Eric; Thistlethwaite, Charles Subject: Chun (Tidewatchers Assoc.) REZ07-0001 IDR Eval COA and GPA07-0002 Please review the attached documents. They are being provided to you for your comments. Thank you for attention in this matter. �/ar2a �inlzam Commission Clerk Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 (530) 538-5260 FAX 538-7785 2/7/2007 0 • BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.) DATE: January 18, 2007 AGENT: The Engineering Group APN: 031-060-054 & 031-070-084 FILE #: GPA07-0002 & REZ07-0001 PLANNER: Chris Tolley *There are no Standard Conditions for a General Plan Amendment. PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: ❑ 1. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290,.4291 and current Butte County Improvement Standards, whichever is stricter. ❑ 2. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. ❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. ❑ 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures. ❑ 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, `Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. V -- X 7. NO Requirement_`CIL:) �/ 0 • Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile. www.buttecou nty. net/dds January 18, 2007 ADMINISTRATION *BUILDING "PLANNING TO: Environmental Health FROM: Chris Tolley, Butte County Planning Division ®' SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Verney Chun (Tidewatchers Associate, LP) GPA07-0002 APN: Date of Inter-IDepai-tmental Review: 2/7/2007 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: February 7, 2007 AGENCY/DEPARTMENT CONDITIONS/1VIITIGATION MEASURES DUE BY: February 21, 2007 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 2/7/2007, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031- 060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR - 5 (Agricultural Residential, five acre minimum). PROJECT LOCATION: the parcels are located northwest of Cherokee Road, 0.60 mile north of the Cherokee Road and Table Mountain Boulevard intersection, northwest of the City of Oroville. COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: P -Q (Public -Quasi Public) GENERAL PLAN: P -Q (Public -Quasi Public) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an email at ctolley@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. R COMMITTEE'=`APPI:ICATIONCOIVIPLE`E ' No lease send response to Chris Tolley by February 7, 2007 Yes (Conditions/baitigation measures due by February 21, 2007) Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION * BUILDING * PLANNING January 18, 2007 TO: Environmental Health FROM: Chris Tolley, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Verney Chun (Tidewatchers Associate, LP) REZ07-0001 APN: Date of Inter -Departmental Review: 2/7/2007 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: February 7, 2007 AGENCY/DEPARTMENT CONDITIONS/NIITIGATION MEASURES DUE BY: February 21, 2007 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 2/7/2007, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The applicant is requesting Rezone of parcels 031-060-054 and 031-070- 084 from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Concurrently, the applicant is requesting a General Plan Amendment of the parcels from P -Q (Public - Quasi Public) to AR (Agricultural Residential). PROJECT LOCATION: the parcels are located northwest of Cherokee Road, 0.60 mile north of the Cherokee Road and Table Mountain Boulevard intersection, northwest of the City of Oroville. COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: P -Q (Public -Quasi Public) GENERAL PLAN: P -Q (Public -Quasi Public) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an email at ctolley@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. R COMIVIIT`TEE `=APPLiCATIOhiCUMPLETE n.. �. No lease send response to Chris Tolley by February 7, 2007 Yes (Conditions/mitigation measures due by February 21, 2007) • Page 1 of 1 Tolley, Chris From: Walters, Charlotte Sent: Wednesday, January 31, 2007 3:38 PM To: Tolley, Chris Cc: Walters, Charlotte; Fogel, Doug Subject: GPA 07-0002, Verney Chun, APN 31-060-054 and 31-070-084 Hi Chris, This application is complete, conditions are entered in Trakit. Soil tests have been conducted and there is adequate area and replacement for a septic system, however, there is not adequate area to subdivide this parcel. Thanks, Charlotte 2/7/2007 0 BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.) DATE: AGENT: The Engineering Group APN: FILE #: GPA07-0002 & REZ07-0001 PLANNER: *There are no Standard Conditions for a General Plan Amendment. • January 18, 2007 031-060-054 & 031-070-084 Chris Tolley PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: D. SEWAGE DISPOSAL AREAS ❑ L Prior to the issuance of a building permit, the applicant shall meet the sewage disposal requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems within a flood plain/floodway. ❑ 2. Prior to the issuance of a building permit, those wells indicated on the site plan that are proposed to be destroyed in order to provide required usable sewage disposal areas, shall be destroyed under a valid Butte County Environmental Health Division permit. ❑ 3. In the nitrate area record executed Future Sewer Service and Storm Drainage Agreements. ❑ 4. Prior to the issuance of a building permit, meet the requirements of the (Watershed Protection Zone) (Villa Verona Moratorium Area) (Cohasset Specific Plan). E. INDIVIDUAL WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, provide a source of domestic water for the building on (lot) (parcel) ❑ 2. Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. F. PUBLIC WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. G. EXISTING COMMUNITY SEWER ❑ 1. Prior to the issuance of a building permit, under a permit issued by the Environmental Health Division, abandon the septic tank and connect the dwelling(s) on (lots) (parcel(s)) to public sewer. • 4 Page 1 of 1 Tolley, Chris From: Schroth, Eric Sent: Tuesday, January 30, 2007 10:57 AM To: Tolley, Chris Cc: Edell, Stuart Subject: GPA07-0002 Chris, Our department is complete with no comments. An electronic form was not provided via email or Trackit. I will need to be educated on how to properly respond using Trackit, if this is desired. Butte County Public Works Land Development Division 7 County Center Drive Oroville, CA 95965 Phone: (530) 538-7266 FAX: (530) 538-7171 2/7/2007 BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.) DATE: January 18, 2007 AGENT: The Engineering Group APN: 031-060-054 & 031-070-084 FILE #: GPA07-0002 & REZ07-0001 PLANNER: Chris Tolley *There are no Standard Conditions for a General Plan Amendment. PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ❑ 1. Prior to the issuance of building permits, obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. ❑ 2. Prior to the issuance of building permits, deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of . The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. ❑ 3. Prior to the issuance of building permits, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. ❑ 4. Prior to the issuance of building permits, dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels except at approved access points. B. DRAINAGE ❑ 1. Prior to the recordation of the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to the issuance of building permits, establish 100 -year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ❑ 1. Prior to the issuance of the Rezone, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. • 0 Page 1 of 1 Tolley, Chris From: Nelson, Carl Sent: Monday, January 29, 2007 12:02 PM To: Tolley, Chris Cc: Jolliffe, Stacey Subject: Gpa 07-0002; Re07-0001 building div Response Chris, On this parcel, 031-070-084, we have had one permit issued. Building permit number 05-2348 was issued for (water) well electric and there have been no inspections on this permit and it is expired. The building division has no comment on this application. If there was a well drilled on this parcel, then, BCEH has a record of this action. Carl N. 2/7/2007 BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.) DATE: January 18, 2007 AGENT: The Engineering Group APN: 031-060-054 & 031-070-084 FILE #: GPA07-0002 & REZ07-0001 PLANNER: Chris Tolley *There are no Standard Conditions for a General Plan Amendment. PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: H. BUILDING PERMITS ❑ I. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. ❑ 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. I. EXISTING STRUCTURES ❑ I. Comply with the Uniform Building Code for property line clearances considering use, area and fire - resistiveness of existing buildings. ❑ 2: Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. • Page 1 of 1 Tolley, Chris From: Lightell, Sue Sent: Tuesday, January 23, 2007 1:30 PM To: Tolley, Chris Subject: Request for Comments GPA07-0002 and REZ07-0001 These two Requests for Comments are all mixed together with the Requests TSM06-0007 and TSM07-0001. The GPA07-0002 and REZ07-0001 involve APNs 031-060-054 and 031-070-084. The TSM06-0007 and TSM07- 0001 Requests involve APNs 035-130-074, 120, 179. Sue Lightell Assessor Mapping Dept. 2/7/2007 17J Tolley, Chris From: Michelena, Mark Sent: Thursday, February 01, 2007 4:25 PM To: Tolley, Chris Subject: FW: Review of GPA 07-0002, Verney Chun -----Original Message ----- From: Richard Helman[mailto:richard_helman@dot.ca.gov] Sent: Thursday, February 01, 2007 4:23 PM To: Michelena, Mark Subject: Review of GPA 07-0002, Verney Chun Hi Mark: We have reviewed the subject general plan amendment on property located off Cherokee Road and have "No Comment". Rick Helman Inter -governmental Review Coordinator CALTRANS-District 3, Office of Transportation Planning -North, P.O. Box 911, Marysville, CA 95901 Voice: 530-634-7612 or 8-457-7612 Fax: 530-741-5346 L—A 350 Salem Street TPacific Gas and Chico, CA 95928 'a Electric Company 530/896-4257 FAX 530/896-4254 January 23, 2007 Chris Tolley Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 RE: General Plan Amendment & Rezone Site Plan, - (Chun) FILE: GPA 07-0002, APN: 031-060-054 & 031-070-084 Dear Mr. Tolley: PG&E has reviewed the subject site plan. Please dedicate all access roads/streets for Pubic Utilities. Don Chambers Technical and Land Services Chico Office BUTTE JAN JAN 2 5� DE VELOP1yEN?' SERVICES SUBDIVISION OF PREMISES: When PG&E's Electric or Gas Service Facilities are located on private property and such private property is subsequently subdivided into separate Premises with ownership divested to other than Applicant or customer, the subdivider is required to provide PG&E with adequate rights-of-way satisfactory to PG&E for its existing facilities and to notify property owners of the subdivided Premises of the existence of the rights-of-way. When adequate rights-of-way are not granted as a result of the property subdivision, PG&E shall have the right, upon written notice to Applicant, to discontinue service without obligation or liability. The existing owner, Applicant, or customer shall pay to PG&E the total estimated cost of any required relocation or removal of PG&E's facilities. A new service will be re-established in accordance with the provisions for new service and the provisions of any other applicable PG&E rules. Any relocation or rearrangement of any existing PG&E facilities to accommodate this project will be at the developers/applicants expense. There shall be no building of structures, or the storage of any materials allowed over or under any existing PG&E facilities, or inside any easements that exist which infringe on PG&E's easement rights. Thank you for the opportunity to review this matter. If you have any questions, please call me in Chico at 896-4257. Sincerely, Donald W. Chambers Land Agent (file: GPA07-0002.doc) Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING October 13, 2008 Michael Evans 110 Sharp Road Oroville, CA95966 Re: REZONE: REZ07-0001 APN: 031-060-054 Dear Michael Evans: At the regular meeting of the Butte County Planning Commission, held October 9, 2008, the Commission recommended approval to the Board of Supervisors your request for a Rezone of parcels 031-060-054 and 031- 070-084 from P -Q (Public -Quasi Public) to AR -20 (Agricultural Residential, twenty -acre minimum), and a General Plan Amendment of the parcels from P -Q (Public -Quasi Public) to AR (Agricultural Residential). LOCATION: the parcels are located northwest of Cherokee Road, 0.60 mile north of the Cherokee Road and Table Mountain Boulevard intersection, northwest of the City of Oroville. Should you desire to appeal any of the conditions recommended by the Planning Commission, you must do so in writing, prior to 5:00 p.m., Thursday, October 19, 2008, 10 days from meeting date, to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of $50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees, including Fish and Game fee of $1,876.75 and an additional $14.00 for recording the Notice of Determination, are required prior to the hearing before the Board of Supervisors for your project, or provide proof of waiver of the Fish and Game fee. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. • • Should you have any questions regarding this matter, please contact me at 530-538-7150 between 7:30 a.m. and 4:30 p.m., Monday through Friday. Sincerely, ���, Carl Durling Associate Planner Cc. Verney Chun, 630 Ravenna Terrace, Fremont, CA 94536 DRAFT CONDITIONAL ZONING AGREEMENT County of Butte And When Recorded Return to Clerk of the Board of Supervisors 25 County Center Drive Oroville, CA 95965 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this _ day of , by and between Verney Chun (Tidewatchers, Associate LP), herein called ""Owners", and the COUNTY OF BUTTE, a political subdivision of the State of California, herein called "County". WITNESSETH WHEREAS, Owner is the owner of real property, herein called the "Property", situated in the County of Butte, APN 031-060-054 and 031-070-084, which Property is described as follows: All that certain real property situated in the County of Butte, State of California, being more particularly described as follows: All that real property lying in Section 5, Township 19 North, Range 4 East, M.D.B. &M., County of Butte, State of California, said property lying Southerly of the North line of that property described as PARCEL "C" in the Grant Deed recorded September 1, 1961, in Book 1136, Page 309, Official Records of said County, described as follows: BEGINNING at a point intersecting the West line of Section 5 and the Northerly line of said "PARCEL "C", from which the Southwest corner of Section 5 bears South 00°44'17" East 2384.83 feet; thence from said point of beginning along the West line of Section 5 South 00°44'17" East 104.57 feet; thence leaving said West line South 40°58'15" East 52.04 feet; thence South 400 58'15" East 400.00 feet; thence North 49001'45" East 125.42 feet to the Southerly boundary of a Director's Easement Deed, recorded August 23, 1977, in Book 2203, Page 456, Official Records of said County; thence along the Southerly boundary of said Easement South 65 ° 28'45" East 821.28 feet to the Westerly right'of way line of Cherokee Road; thence along said Westerly right of way the following 6 courses: North 35°53'05" East 225.32 feet; North 31 ° 38'06" East 83.24 feet; North 30° 19'06" East 145.36 feet; North 31 *01'54" East 140.87 feet; North 36018'10" East 69.37 feet; North 33'00'22" East 326.46 feet to the most Westerly corner of the Oroville Water Company, as described in the Grant Deed recorded July 25, 1898, in Book 50 of Deeds, at Page 560 of said County, said Westerly corner being monumented by a 3/ -inch iron pipe with plastic cap stamped "CALIF. D.W. R."; thence along the Westerly boundary of said Oroville Water . Company property the following 2 courses: North 24°00'55" West 779.95 feet to a 3/ -inch iron pipe; North 73 ° 30'45" East 350.53 feet to a 3/ -inch iron pipe with a plastic cap stamped "CALIF. D.W.R."; thence leaving said Oroville Water Company property North 08'06'15" West 278.12 feet to the Northerly boundary of said PARCEL "C"; thence along said Northerly boundary the following 4 courses: along a curve to the left having a radius of 1247.34 feet through a central angle of 37°05'13", an arc distance of 807.39 feet; North 48°40'00" West 90.00 feet; South 41 °20'00" West 699.62 feet; along a curve to the right, having a radius of 1537.34 feet, through a central angle of 21 °08'31", and arc distance of 567.27 feet to the point of beginning, containing, after making exception, 30.10 acres, more or less. EXCEPTING THEREFROM: The parcel of land described in the Deed recorded April 11, 1895, in Book 40 of Deeds, Page 39. ALSO EXCEPTING THEREFROM: All geothermal resources and all minerals, oils, gases, and other hydrocarbons by whatsoever name known that may be within or under the parcel of land hereinabove described without, nowever, the right to drill, dig or mine though the surface thereof. Assessor's Parcel No: 031-060-054 and 031-070-084 WHEREAS, the Property is now zoned PQ (Public Quasi -Public) and is designated as P (Public) by the Butte County General Plan; and WHEREAS, Owner has applied for General Plan Amendment from P (Public) to AR (Agricultural Residential) and a Rezone from PQ (Public Quasi -Public) to AR -20 (Agricultural Residential 20 -acre minimum); and WHEREAS, public hearings have been held upon said application before the Board of Supervisors of the County of Butte, State of California, and after having considered the matter presented, the Board has determined that certain conditions to the zoning reclassification of said real property must be imposed so as not to create any problems inimical to the health, safety and the general welfare of the County of Butte. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that this Agreement establishes the conditional reclassification of Property to AR -20 (Agricultural Residential 20 -acre minimum) pursuant to Butte County Code Section 24-25.40 (c), between the property owner and County of Butte, subject to the following provisions: I. This Agreement is contingent upon and includes the following conditions: 1. Only one single family dwelling unit is permitted on either one of the two parcels, and excluding any second dwelling until such time as: a. The requirements of Appendix VII of the Butte County Code, Chapter 20, Subdivision Standards, , are met, or b. Requirements of Appendix VII have been modified and the provisions of the revised standard are met, or c. Public sewer is extended to the development. 2. Prior to the issuance of any development permits, including and not limited to building permits, septic permits and well permits, a no development zone of 50 feet shall be recorded paralleling the Miocene Canal. 3. Prior to the issuance of any development permits, including and not limited to building permits, septic permits and well permits, a no development zone of 50 feet shall be recorded paralleling the Union Pacific Rail Road (UPRR) right-of-way. Said no development zone to remain in effect until such time that the Williamson Act Contract and General Plan designation of GOL on the adjoining property north across the UPRR is change such that the current 300 foot setback no longer applies to the project property. II. In the event Owner, any successor in interest of Owner, or any person in possession of the Property, violates or fails to perform any of the conditions of this Agreement within thirty (30) days after notice thereof as provided in Paragraph III, the Board of Supervisors of County may instruct the County Counsel to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of County may also initiate proceedings to rezone the property to the classification to which it is now zoned or any other suitable classification. M. Notice of violation of any of the provisions of this Agreement shall be sent to Owner or successor at the address of the then current owner as identified on the current tax roll. IV. In the event suit is brought by the County Counsel of County to enforce any of the provisions of this Agreement, Owner agrees to pay to County a reasonable sum to be fixed by the Court as attorney's fees. V. Each and every one of the provisions of this Agreement herein contained shall run with the land and shall bind and inure to the benefit of the successors in interest of Owner and County, in the same manner as if they had been expressly named herein. VI. If this entire matter, including the Resolution amending the General Plan, or any finding, action or condition of this matter is appealed, the applicant or any other developer/ operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Dated: By: Verney Chun (Tidewatchers, Associates LP), Owner Dated: [Attach Notary form] COUNTY OF BUTTE, a political subdivision of the State of California Bv: CURT JOSIASSEN, Chair Butte County Board of Supervisors • • Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.neVdds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING April 5, 2007 The Engineering Group C/o Tim Wood 1250 East Avenue, Suite 10 Chico, CA 95926 Re: Public Works and Environmental. Health requirements for GPA07-0002 & REZ07- 0001 (APN 031-060-054 & 031-070-084) Dear Mr. Wood: This is a continuance of the Completeness Letter mailed on February 9, 2007. The items below are concerns of the Environmental Health Division and Land Development Division. Environmental Health comments: Tim Wood of The Engineering Group provided us with soil mantel tests and percolation test results from this parcel done for Mr. Chun (Tidewatchers Associate, LP) as part of their pre - application review for a proposed subdivision in to six 5 -acre parcels. The tests were performed in May and June of 2006. In summary the test results were: • 8 of 12 (67%) of the 30" deep percolation test results exceeded our maximum allowable soil percolation rate of 120 minutes/inch • Groundwater was observed in two soil mantel holes and soil mottles, possibly created by seasonal groundwater intrusion, were noted in several other holes • The soil at the depth of a septic leach field was characterized as clay and assessed as having a clay content of greater than 40% in many of the holes Due to these indications we feel that the soil on this parcel has not been demonstrated to meet the minimum requirements of Appendix VII, the minimum sewage disposal standards for parcel creation pursuant to the Butte County Subdivision Improvements Standards. A relatively small area on the parcel was identified that may potentially be usable for a single leach field to service a single residence on the parcel. However, further investigation may still be required to assure that this area is not subject to excessive seasonal ground water and • is adequately large to accommodate both the initial and replacements leach field areas required. Land Development comments: The above referenced parcels constitute one single piece of real property, which was created by conveyance from a government agency (Department of Water Resources) to Samuel M. Chun, on October 7, 1985 under Recorder's Serial Number 85-30407. This is allowed pursuant to Government Code 66428(A)(2), unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates the filing of a parcel map. It is recommended that his item be taken to the Board of Supervisors with a recommendation to make a finding that public policy does not necessitate the filing of a parcel map for the creation of this single piece of real property, which happens to have two Assessor Parcel Numbers. At this point, the Planning Division is considering whether the Rezone request is appropriate for these parcels. Should you have any further questions regarding this matter, I can be reached at (530) 538-7601 or via e-mail at ctolley@buttecounty.net. Sincerely, Chris Tolley Associate Planner cc: Verney Chun, Owner/Applicant LEGEND w BOUNDARY LINE CENTER LINE ADJACNET PROPERTY LINES CITY LIMIT LINE CITY PROPERTIES ASSESSOR'S PARCEL NUMBER (APN) GENERAL PLAN ZONING r STATE OF CA.- WATER A.-WATER RESOURCES 031-030-056 8.81 AC g� Z: P -Q 5 GP: P o STATE. OF CA. WATER RESOURCE! 031-030-057. 16.61 AC Z: UNLISTED GP- UNLISTED NOTEt MIN. 60' ROW REQUIRED - - SCALE: 5' 1. 1. 5- 10=200" • -2% T-2% 031-oso-o54 � � ZP o� TYPICAL CROSS SECTION MINOR COLLECTORS & LOCAL ACCESS RS -3 TYPE B NTS g�RN P1ACIFlC RAILROAD— it p, a=807.39' \ 4 /R=1247.34 � - 0 99 Z ....... J / ` ^Afg \\ P\LROP J-3073.3045' STAIIE? OF L;567.3�•00', CALIFORNIA "Rb �� i 31-060-05 45 fib', I 3.55 AC Z: P -Q GP: P NOT A tb MARTIN BLOOM PART !� SCA. ATER SERVICE CO. 031-070-002 I 31-060-006 STATE OF CALIFORNIA \ .031-070-083 \ 11.51 AC \ Z: P -Q GP: P \ \ Access 9.18 AC 4XIW 7.02 AC Z: AR -1 . LEACH UNE LINE Z: Q -P GP: AR ♦ooaAD� E I GP: P / ' H 49•0145 I USEABLE AREA FOR LEACH i ;�,���' v 11``'x-••,.. ��. 100• LFSB 1 \ VICINITY MAP NTS NOTES: .1. EXISTING ZONING: P-Q'(PUBLIC/ QUAZI PUBLIC) PROPOSED .ZONING: R1 `(LOW DENSITY RESIDEN-hAL)-73 2. EXISTING GENERAL PLAN: Pi(PUBLIC/QUASI-PUBLIC) PROPOSED GENERAL PLAN: LOW DENSITY RESIDENTIAL ;h 3. EXISTING USE: VACANT PROPOSED USE: SINGLE FAMILY RESIDENTIAL 4. USE BUTTE COUNTY STANDARD RS -3 TYPE A FOR .CHEROKEE ROAD REZONE / GENERAL PLAN AMENDMENT SITE PLAN WITHIN SECTION 5 OF TOWNSHIP 19 NORTH, RANGE 4 EAST, M.D.B.&M., BUTTE COUNTY, CALIFORNIA. ASSESSOR'S PARCEL NUMBERS f STATE OF CALIFORNIA - � 031-060054 & 031-070-084BUTT 21.37 AC ��% a \ Z: P -Q FOR OWNER GP: P VERNEY CHUN SERVICES 630 RAVENNA TERRACE wt \ 145.36' N 30.19'06' E r \ BY \ CA. WATER \ SERVICE CO. STATE OF CA. WATER RESOURCES' \ 31-070-07 031-070-080 \ • 3.36 AC \ Z: P -Q 41.23 AC \ GP: P Z: P -Q , GP: P VICINITY MAP NTS NOTES: .1. EXISTING ZONING: P-Q'(PUBLIC/ QUAZI PUBLIC) PROPOSED .ZONING: R1 `(LOW DENSITY RESIDEN-hAL)-73 2. EXISTING GENERAL PLAN: Pi(PUBLIC/QUASI-PUBLIC) PROPOSED GENERAL PLAN: LOW DENSITY RESIDENTIAL ;h 3. EXISTING USE: VACANT PROPOSED USE: SINGLE FAMILY RESIDENTIAL 4. USE BUTTE COUNTY STANDARD RS -3 TYPE A FOR .CHEROKEE ROAD REZONE / GENERAL PLAN AMENDMENT SITE PLAN WITHIN SECTION 5 OF TOWNSHIP 19 NORTH, RANGE 4 EAST, M.D.B.&M., BUTTE COUNTY, CALIFORNIA. ASSESSOR'S PARCEL NUMBERS 031-060054 & 031-070-084BUTT COUNTY AREA: 30.1 AC +/- JAN 1 1200 FOR OWNER DEVELOPM1✓„EN' - VERNEY CHUN SERVICES 630 RAVENNA TERRACE FREMONT, CA 94536 BY THE ENGINEERING GROUP, INC, TIMOTHY C. WOOD, R.C.E. 61779 1250 EAST AVE. SUITE 10 CHICO, CA 95926 PH: (530) 899-0409 FAX: (530) 899-M DECEMBER 2006 SHEEP 1 OF 1 LEGEND BOUNDARY LINE CENTER LINE ADJACNET PROPERTY LINES CITY LIMIT LINE CITY PROPERTIES ASSESSOR'S PARCEL NUMBER GENERAL PLAN ZONING w - SCALE 1'=200' NOTE, MIN, 60' ROW REQUIRED 50 5& —2x 1 —zc TYPICAL CROSS SECTION MINOR COLLECTORS & LOCAL ACCESS RS -3 TYPE B NTS VICINITY MAP NTS NOTES: 1. EXISTING ZONING: P—Q (PUBLIC/ QUAZI PUBLIC) PROPOSED ZONING: R1 (LOW DENSITY RESIDENTIAL) 2. EXISTING GENERAL PLAN: P (PUBLIC/QUASI—PUBLIC) PROPOSED GENERAL PLAN: LOW DENSITY RESIDENTIAL 3. EXISTING USE: VACANT PROPOSED USE: SINGLE FAMILY RESIDENTIAL 4. USE BUTTE COUNTY STANDARD RS -3 TYPE A FOR CHEROKEE ROAD REZONE /GENERAL PLAN AMENDMENT SITE PLAN WITHIN SECTION 5 OF TOWNSHIP 19 NORTH, RANGE 4 EAST, M.D.B.&M., BUTTE COUNTY, CALIFORNIA. ASSESSOR'S PARCEL NUMBERS 031-060-054 & 031-070-084 AREA: 30.1 AC +/- FOR OWNER VERNEY CHUN 630 RAVENNA TERRACE FREMONT, CA 94536 ffy THE ENGINEERING GROUP, INC. TIMOTHY C. WOOD, R.C.E. 61779 1250 EAST AVE. SUITE 10 C HCO, CA 95926 PH (530) 899-0409 FAX (530) 899-0943 DECEMBER 2006 SHEET 1 OF 1 BUTTE COUNTY JAN 11 SERVICES