Loading...
HomeMy WebLinkAboutGPA 96-03_PLANNING y 19111111111 III�AII II IIII NIIIIYIIIIIIII�YII� IIH�I SEPARATOR SHEET ao� 0� 7 PROJECT NUMeEa 6O4 96 — 03 PROJECT SUMMARY SHEr"r�, FILE NO, GPA 96-X0 - PROJECT TYPE: General Plan Admendment: to. change the General Plan designation on proposed parcel one from, 1 Timber Mountain to Agricultural Residential. APPLICANT: RART, Garland ADDRESS: P,O.Box 3320, Chico, CA 95927 OWNER: S - _ ADDRESS: Same REPRESENTATIVE: L&L Surveying ADDRESS: P•O.Box 671, Paradise, CA 95967 PROJECT DESCRIPTION: General Plan Admendment: to change the General Plan designation on proposed parcel one frau Timber Mountain to Agricultural Residential. PROPERTY ZONED: TM-40 LOCATED: Located on the east side of Humboly Road directly north of Butte County Fire Stati6n #10, in !the Butte Meadows area. AP NO.: 060-070-027 TOWN/AREA: Butte Meadows GENERAL PLAN DESIGNATION: Timber Mountain 1. Application Complete: November 6, 1995 Amount: $5903.00 Receipt No.: 15108 4, Comments sent to: E.H./Sheriff/LAFCo/CDF/PG&E/ST.Forestry/USForestry/ Dev.Ser.Dir/ Planning Dir/PWD/Fish&Game 3. Comments received from: 4: Rezone Petition Signatures Checked: 5. Mailing Ust/Lead-In Sheet: S. Assigned To: 7. Environmental Determination: Categorical Exemption-CEOA# _ State Clearinghouse No.: Negative Declaration • P�iQg��L.�:����'itrGl`Oi�'Si6 Mitigated Negative Declaration Subject to Fish&Game: DEC 2 6 1995 Environmental Impact Report orovia'a, Gen.Rule Ex.-CEOA#15061.(b)(3) Other 8. Staff Report: vo Project Video: 9. Clearinghouse circulation required:Yes No Date Sent to SCH: 10: Publication Notice Written: Display Ad Prepared: 11. Notices'Malled: Number of Notices: 12 Newspaper Publication Date:_ ___�_�'l/"9 O P G B R 13. Planning Commission Hearing(s): `T —// 9 V 9.r CID A Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors'Hearing(s): _ Action taken: Board Resolution No.: Ordinance No.:' Adopted: 15. Type Use Permit/Send for Signature: 16. N.O.EJN.O.DJAPPENDIX G: Fish&Game Fees Paid: Yes No 17. Send validated Use Permit: _ 18. Assessor's Memo: 19. Copy of Use PenniWarlance to Planning Technician: Garland Hart - proposed Negative Declaration regarding environmental impacts ops; a-riot- and General Plan Amendment from Timber Mountain to Agriculturala�Rezone from TM-40 (Timber Mountain - 40 acre parcels) to TM-20 (Timber Mountain - 20 acre parcels) on a 20.62 acre portion of a 66.69 acre parcels, located on the east side of Humboldt Road, identified as AP 060-070-027, directly north of the Butte Meadows Volunteer Fire Station #11, Butte Meadows. (SL) (GPA96-03/REZ96-04) Mr. Lucas gave a brief summary of the project. He said Parcel 2 will remain as is. He said Parcel 1 will be a homesite and the project is consistent with the surrounding land uses. Commissioner Lambert asked why split the land if they are not changing the use of the land? The hearing was opened to the public. '., Carl Leverenz said Mr. Hart does plan to retain the smaller parcel, but the upper parcel is planned to be transferred to the Steidlmeyer property and the ownership will change. He j discussed the dedication strip for the Fire Department on Parcel 1. Mr. Lucas said the Mitigation Measure should be addressed at the time of the Tentative Parcel Map. Mr. Leverenz said the applicant wants to know the TPM is doable before getting the GPA and Rezone approved. He said Mr. Hart wants them all approved or nothing. a Commissioner Lambert said she likes the package idea where the Commission gets to see the whole picture. Mr. Sanders said staff looked at this project as a package deal. I Mr. Leverenz said he would prefer to not try to put all the contours on the map until the time of building permits. Mr. Lucas said this was agreeable with staff. Mr. Leverenz said Mitigation Measures 2 & 3 are not acceptable. He asked for a No- Building setback of 50 ft. Instead of 100 ft. from the creek. He said there is a small building envelope. Mr. Leverenz said the sprinkler requirement in MM #4 was not necessary because the property is adjacent to the fire station. He said of MM #5, 1 clearance for fire should be consistent with normal County setbacks. On MM #6, Mr. Hart 1 desires to continue logging and this measure would stop this use. He said they agree with MM #7. He recommended approval of the GPA and Rezone and recommended modification of the Mitigation Measures. BUTTF.COUNTY PLANNING -COMMISSION MINUTES - April 11, 1996 ____ 0 • Mr. Lucas said on MM #2 & #3 it was not a matter of right or wrong, it was a matter of consistency. He said he was in favor of deleting MM #4, He said MM #5 could be changed to meet the requirements of the Fire Department. He agreed that the parcel has been used for cutting trees and the setback should be determined at the time of the parcel map. He said on MM #7, there have been no comments from Fish and Game, and staff would have to ask Fish and Game about loss of habitat. Mr. Hart said Parcel 2 will be sold if this .is approved and used for cattle. He briefly discussed the dedication of the strip of land to the Fire Department. Virigina Doty said the neighbors agree with Mr. Hart's request. She said most of the property in Butte Meadows is for recreational use. Hollis Lundy, L & L Surveying, said he had no problems-with the Mitigation Measures except for specific floor elevation on the map. He said they can not do this until the building sites can be established. Mr. Sanders said if they determine what the 100 year flood plain is, building sites should be located above the plain. The hearing was closed. Mr. Lucas said they could retain the 100 ft. setback along the creek on the north side and reduce it to 50 ft. on the southern section. It was moved by Commissioner Nelson, seconded by Commissioner Lambert, and unanimously carried to recommend approval, with the following changes to the Mitigation Measures, and subject to the findings in Exhibit A as follows: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act and no potentially significant environmental effects were identified. B. The design of the proposed project improvements will not cause environmental damage to fish or wildlife or their habitat; and C. The Planning Commission has independently reviewed, 'analyzed and considered the proposed Negative Declaration prior to making its decision. on the project, and the Negative Declaration reflects the independent judgement of the County of Butte; and BUTTF.COUNTY PLANNING COMMISSION MINUTES - April 11, 1996 i Section 2: General Plan and Zoning Findings. A. Find that the characteristics of the project site meet the criteria for inclusion into the requested General Plan designation of Agricultural-Residential; and B. Find that the rezone conforms to the policies, including the text and map of the Butte County General Plan, because the requested zone is listed as a zone that is consistent with the requested Agricultural-Residential General Plan designation and the uses permitted by the zone will be consistent with the General Plan and surrounding properties; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, move to recommend that the Planning Commission recommend that the Board of Supervisors amend the General Plan designation of a 20-acre section of parcel of APN 060-070-027 from Timber Mountain to Agricultural-Residential, and adopt an Ordinance rezoning the same 20-acre portion from TM-40 to TM-20, subject to the conditions listed herein. B. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, and Public Works, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application,'fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. C. Conditions of Approval: None i j MITIGATION #1: Establish 100 year floodplain elevations. Lowest floor elevations for any structures shall be one-foot above 100 year floodplain contour. Show on the additional map sheet the elevations (by contours) and the location of an accepted NVGD benchmark, place a temporary benchmark on-site and identify the 100 year floodplain on the additional map sheet. _. - - BUTTE`�COUNTY PLANNING .COMMISSION MINUTES - April 11, 1996 i MITIGATION #2: Show on the additional ma sheet a 100 ft. No Disturbance Setback along north p 9 bank of Mallory Creek, the unnamed tributary creek located on parcel 1, and the wet meadow on parcel 2. Also show on the additional map sheet a 50 ft. No Disturbance Setback along the south bank of Mallory Creek. MITIGATION #3: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;"Structures, dumping, fill material, vegetation removal and/or excavation shall not be allowed within the No Disturbance Setbacks as depicted on the final map. The No Disturbance Setbacks shall be measured from the top of bank or the outer edge of riparian/wetland vegetation along both creeks and the wet meadow, whichever is greater. Any alterations to these No Disturbance Setbacks shall be approved by the Department of Fish & Game and the Planning Division" MITIGATION #4: This mitigation measure is removed. "Faremap or on an additional map sheet stating that, sha" be installed in all new residential struetures in aeeordanee With the Natee.is' Fire Proteefien Asseeiation Standard for the installation of sprinkler systems and two farmily dwellings and mobile hernes, NFPA Standard 13D unless a 'f 9 1 eommunity water system with hYdrants serves the pa MITIGATION #5: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "Construction, installation or development of structures or facilities on the parcel/lots shall comply with the latest California Fire Safe ' Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits." BUTTE .-COUNTY PLANNING -COMmf:Ssj N MINUTES -. Apiri:l"11;1996' - I • MITIGATION #6: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "The removal of vegetation shall be limited to what is necessary for the creation of a homesite, roads, accessory buildings, to meet fire safety regulations or that performed under a Timber Harvest Pian." MITIGATION #7: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "During site development, should any archeological artifacts be discovered, the Planning Division shall be .notified immediately, and all work shall cease until a qualified, professional archeologist has examined the artifacts and the site and submitted findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division." a BUTTE` COUNTY-PLANNING COMMISSION-NINUTES-- Apri.l-11 1996 _w_�. AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Barry K. Hogan, Planning Manager BY: Stephen Lucas, Planner DATE: March 14, 1996 REQUEST: File#GPA 96-03&REZ 96-04 for Garland Hart on APN 060-070-027: A request to amend the Butte County General Plan designation from Timber Mountain to Agricultural-Residential and change the zoning designation from TM-40 to TM-20 on a 20.62 acre portion of a 66.69 acre parcel, located on the east side of Humboldt Road directly north of the Butte Meadows Volunteer Fire Station#11. This project is located in Supervisorial District 3. RELATED ITEMS: A two parcel Tentative Parcel Map has been applied for along with this request. FOR: Planning Commission Meeting of April 11, 1996 SUMMARY:The proposed general plan amendment and rezone are consistent with each other. Staff recommends that the Planning Commission recommend the Board of Supervisors approve this application during the scheduled Spring General Plan Amendment. PROJECT CHARACTERISTICS: The 66.69 acre parcel is presently without any significant improvements other than a small agricultural structure,fencing and cattle pens.The property is located in a rural mountainous setting in Butte, Meadows,a small community straddling Humboldt Road with approximately 175 seasonal cabins,a small number`of permanent residents, a small store,two bars, a CDF station and a volunteer fire station. Surrounding parcels range in size from 1 to 257 acres. Surrounding parcels are zoned TM-40 to the northeast and to the south,and TM-10 to the south and to the west. There is also TM-5 zoning located further to the northwest and southwest. In 1991, a 29 lot subdivision was approved approximately 1000 feet west of the project site with lot sizes of one to five acres. The Land Use Element of the Butte County General Plan designates surrounding parcels as Timber Mountain and Agricultural- Residential. The surrounding area is predominantly utilized for passive recreation and commercial timber harvesting and is owned by the Diamond International Corporation. The general area has been altered from its original natural condition by grazing activities,logging and other human occupation that resulted in the reduction of the number of plant and animal species that once occupied the project area. The project site is characterized by a large wet meadow on the northern 2/3 of the site and a mixed conifer-deciduous woodland with riparian habitat found along two creeks on the southern 1/3 of the site.The southern most year-round creek is identified as Mallory Creek,while the northern fork of this creek is seasonal and nameless.The site does provide wildlife habitat,including summer range for the East Tehama Deer Herd. The topography is relatively level with an average elevation of approximately 4400 feet. ANALYSIS:This request is to amend the Butte County General Plan designation from Timber Mountain to Agricultural- Residential and change the zoning from TM-40 to TM-20 on a 20.62 acre portion of a 66.69 acre parcel. This amendment is one of several GPAs which will go forward to the Board together as one of the public initiated General Plan Amendments. The analysis of this request looks at two primary issues:compatibility with surrounding land uses and the Site Designation Criteria of the Agricultural Residential General Plan designation. Land Use Compatibility The proposal will not substantially alter the land use in the area. The project site is presently zoned TM-40 (Timber Mountain-40 acre min.) which allows residential uses. The site is designated by the Butte County General Plan as AF Butte County Department of Development Services Ar Planning Division A 1 Timber Mountain. The applicant is seeking a General Plan Amendment to allow the conversion of proposed parcel one from Timber Mountain to Agricultural Residential;a Rezone to allow the conversion of proposed parcel one from TM-40 (Timber Mountain-40 acre minimum)to TM-20 (Timber Mountain-20 acre minimum); and a Tentative Parcel Map to create two parcels of 20.62 acres (parcel 1) and 45.06 acres (parcel 2). The requested actions will not result in a substantial alteration of the present or planned land uses in the area because: 1. The surrounding area of Butte Meadows is developed with approximately 175 seasonal and permanent homes/cabins,a small store,two bars,and a volunteer fire station. In 1991,a 29 lot subdivision was approved approximately 1000 feet west of the project site with an average density of one unit per 4.25 acres with a General Plan designation of Agricultural Residential and 1, 3, & 5 acre zoning. Overall, the general area consists of approximately 238 parcels of which the preponderance are less than 2 acres and residential in nature;and 2. The parcel currently has the potential for one homesite that would most likely be located on the southern 1/3 of the property because the northern 2/3 is without any significant usable sewage disposal area due to a large wet meadow. The net result of this project will not increase the residential density on the property because the proposed parcel 2 is not approved for sewage disposal per Environmental Health Division requirements which will leave only one buildable parcel for a net density of one unit per 66 acres. Overall,the applicant is only seeking a land use change for parcel 1 (20.62 ac.),which comprises only 30%of the entire 66.69 acre property and of which only 4.33 acres(21%)of the parcel will be developable ;and 3. The Butte County Planning Division is currently reviewing and updating the General Plan and Zoning Ordinance for possible designation changes to various areas of the County to better reflect the actual land uses. The Butte Meadows area as defined above (1) is being considered for changes that will more accurately reflect the present residential uses. It is not known at this time what specific designations will be called, but it is clear that the Timber Mountain designations are not appropriate for the residential and commercial land uses in the area. Site Designation Criteria The 20-acre portion of the project site meets the criteria for a General Plan designation of Agricultural-Residential. These criteria are: 1. Beyond service area of community water and sewer systems - The project site is not serviced by any community water or sewer systems and none are located in the project area. 2. Less than 30'.6 slope-The project site has a 0-10%slope range that will not pose any significant development impacts. 3. Adjacentornearto existing roads and public uti lies-The project site has access from Humbolt Road and is serviced by PG&E power lines. 4. Not within floodplain or known active faults-The Butte County Seismic Safety Element does not indicate any faults in the area and the risk of ground rupture during a seismic event is remote. The southern 1/3 of the project site is crossed by two creeks that cause this area to be identified on the FEMA Flood Insurance Rate Map, Panel 00617-025B as being located in Flood Zone A. Water level records are not available for these creeks, however, records are available for Butte Creek for a period between 1961 and 1976 from the United States Geographical Survey(USGS)which utilized a gauging station at the juncture of Butte Creek and Bolt Creek. The USGS records indicate that during these years Butte Creek had a maximum flow of 4,290 cfs which is less than the Department of Public Works predicted 50 year flood event of 7,386 cfs. It is difficult to predict the exact water levels on this site, but it is reasonable to assume that flood water levels on the project creeks roughly parallel those numbers found along Butte Creek,or are less considering the disparity of elevations that Ar Butte County Department of Development Services Ar Planning Division 2 means precipitation downstream may be rain while at this site it may fall as snow with little or no runoff. The series of storms in February-March of 1986 produced the highest stream flows on record throughout Butte County,but no substantial data exists for Butte Meadows. However, personal accounts of citizens familiar with the Butte Meadows area indicate that the 1986 storm did not significantly flood the project site. To reduce this potential hazard to a level of insignificance the applicant will be required to establish 100 year floodplain elevations and the lowest floor elevations for any structures. This information will also be required to show these elevations on the parcel map. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. 5. Past official actions - Parcels adjacent to the 20-acre portion are zoned TM-2 and TP-160. Other nearby parcels along Humbolt Road are zoned PUD(Lucas Ranch Subdivision,1-3 acre lots),TM-2,TM-5 and TM-10. A 29 lot subdivision was approved for one to five acre lots(HC,TM-2,TM-3,TM-5)approximately 1000 feet west of the project site. Other issues or concerns Approval of this General Plan Amendment and Rezone will allow the applicant to submit an application for a parcel map to create a 20 acre parcel. The 20-acre parcel would be permitted to have one single-family dwelling and accessory buildings. No significant major environmental constraints have been identified for the site that cannot be fully mitigated. The County will have an opportunity to address any and all potentially significant, substantial, incremental, and cumulative impacts relating to development of the 20-acre parcel at the time of application submittal for a tentative parcel map. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and is subject.to the requirements of CEQA. An Initial Study Part 1 has been prepared by the applicant and Part 2 has been prepared by County staff. Based upon the review of the Initial Study, staff has determined that the project will not have any impacts to the environment. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and was mailed to all property owners within a 300 foot radius of the subject property. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of Application No. GPA 96-03 and REZ 96-04, subject to the findings and conditions listed in Exhibit A. I Ar Butte County Department of Development Services Ar Planning Division a 3 EXHIBIT A BUTTE COUNTY PLANNING COMMISSION File#GPA 96-03&REZ 96-04 for Garland Hart on APN 060-070-027: A request to amend the Butte County General Plan designation from Timber Mountain to Agricultural-Residential and change the zoning designation from TM-40 to TM-20 on a 20 acre portion of a 66.69 acre parcel,located on the east side of Humboldt Road directly north of the Butte Meadows Volunteer Fire Station#11. This project is located in Supervisorial District 3. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act and no potentially significant environmental effects were identified. B. The design of the proposed project improvements will not cause environmental damage to fish or wildlife or their habitat; and C. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration prior to maldng its decision on the project,and the Negative Declaration reflects the independent judgement of the County of Butte; and Section 2: General Plan and Zoning Findings. A. Find that the characteristics of the project site meet the criteria for inclusion into the requested General Plan designation of Agricultural-Residential;and B. Find that the rezone conforms to the policies,including the text and map of the Butte County General Plan,because the requested zone is listed as a zone that is consistent with the requested Agricultural- Residential General Plan designation and the uses permitted by the zone will be consistent with the General Plan and surrounding properties;and Section 3:Action. A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, move to recommend that the Planning Commission recommend that the Board of Supervisors amend the General Plan designation of a 20-acre section of parcel of APN 060-070-027 from Timber Mountain to Agricultural-Residential, and adopt an Ordinance rezoning the same 20-acre portion from TM-40 to TM-20, subject to the conditions listed herein. B. Minor changes may be approved administratively by the Director of Development Services, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application,fees paid,and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. C. Conditions of Approval: None i Butte County Department of Development Services Planning Division 4 AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Barry K. Hogan, Planning Manager BY: Stephen Lucas, Planner DATE: March 14, 1996 REQUEST: File#GPA 96-03&REZ 96-04 for Garland Hart on APN 060-070-027: A request to amend the Butte County General Plan designation from Timber Mountain to Agricultural-Residential and change the zoning designation from TM-40 to TM-20 on a 20.62 acre portion of a 66.69 acre parcel, located on the east side of Humboldt Road directly north of the Butte Meadows Volunteer Fire Station#11. This project is located in Supervisorial District 3. RELATED ITEMS: A two parcel Tentative Parcel Map has been applied for along with this request. FOR: Planning Commission Meeting of April 11, 1996 SUMMARY:The proposed general plan amendment and rezone are consistent with each other. Staff recommends that the Planning Commission recommend the Board of Supervisors approve this application during the scheduled Spring General Plan Amendment. PROJECT CHARACTERISTICS:The 66.69 acre parcel is presently without any significant improvements other than a small agricultural structure,fencing and cattle pens.The property is located in a rural mountainous setting in Butte Meadows,a small community straddling Humboldt Road with approximately 175 seasonal cabins,a small number of permanent residents, a small store,two bars, a CDF station and a volunteer fire station. Surrounding parcels range in size from 1 to 257 acres. Surrounding parcels are zoned TM-40 to the northeast and to the south,and TMA 0 to the south and to the west. There is also TM-5 zoning located further to the northwest and southwest. In 1991, a 29 lot subdivision was approved approximately 1000 feet west of the project site with lot sizes of one to five acres. The Land Use Element of the Butte County General Plan designates surrounding parcels as Timber Mountain and Agricultural- Residential. The surrounding area is predominantly utilized for passive recreation and commercial timber harvesting and is owned by the Diamond International Corporation. The general area has been altered from its original natural condition by grazing activities,logging and other human occupation that resulted in the reduction of the number of plant and animal species that once occupied the project area. The project site is characterized by a large wet meadow on the northern 2/3 of the site and a mixed conifer-deciduous woodland with riparian habitat found along two creeks on the southern 1/3 of the site.The southern most year-round creek is identified as Mallory Creek,while the northern fork of this creek is seasonal and nameless.The site does provide wildlife habitat,including summer range for the East Tehama Deer Herd. The topography is relatively level with an average elevation of approximately 4400 feet. ANALYSIS:This request is to amend the Butte County General Plan designation from Timber Mountain to Agricultural- Residential and change the zoning from TM-40 to TM-20 on a 20.62 acre portion of a 66.69 acre parcel. This amendment is one of several GPAs which will go forward to the Board together as one of the public initiated General Plan Amendments. The analysis of this request looks at two primary issues:compatibility with surrounding land uses and the Site Designation Criteria of the Agricultural Residential General Plan designation. Land Use Compatibility The proposal will not substantially alter the land use in the area. The project site is presently zoned TM-40 (Timber Mountain-40 acre min.) which allows residential uses. The site is designated by the Butte County General Plan as AF Butte County Department of Development Services AFPlanning Division Ar 1 Timber Mountain. The applicant is seeking a General Plan Amendment to allow the conversion of proposed parcel one from Timber Mountain to Agricultural Residential;a Rezone to allow the conversion of proposed parcel one from TM-40 (Timber Mountain-40 acre minimum)to TM-20 (Timber Mountain-20 acre minimum);and a Tentative Parcel Map to create two parcels of 20.62 acres (parcel 1) and 45.06 acres (parcel 2). The requested actions will not result in a substantial alteration of the present or planned land uses in the area because: 1. The surrounding area of Butte Meadows is developed with approximately 175 seasonal and permanent homes/cabins,a small store,two bars,and a volunteer fire station. In 1991, a 29 lot subdivision was approved approximately 1000 feet west of the project site with an average density of one unit per 4.25 acres with a General Plan designation of Agricultural Residential and 1, 3, & 5 acre zoning. Overall, the general area consists of approximately 238 parcels of which the preponderance are less than 2 acres and residential in nature; and The are as /3 2. parcel current) h the potential for one homeslte that would most like) be located on the southern 1 P Y P Y of the property because the northern 2/3 is without any significant usable sewage disposal area due to a large wet meadow. The net result of this project will not increase the residential density on the property because the proposed parcel 2 is not approved for sewage disposal per Environmental Health Division requirements which will leave only one buildable parcel for a net density of one unit per 66 acres. Overall,the applicant is only seeking a land use change for parcel 1 (20.62 ac.),which comprises only 30%of the entire 66.69 acre property . and of which only 4.33 acres(21%) of the parcel will be developable ;and 3. The Butte County Planning Division is currently reviewing and updating the General Plan and Zoning Ordinance for possible designation changes to various areas of the County to better reflect the actual land uses. The Butte Meadows area as defined above (1) is being considered for changes that will more accurately reflect the present residential uses. It is not known at this time what specific designations will be called, but it is clear that the Timber Mountain designations are not appropriate for the residential and commercial land uses in the area. Site Designation Criteria The 20-acre portion of the project site meets the criteria for a General Plan designation of Agricultural-Residential. These criteria are: 1. Beyond service area of community water and sewer systems - The project site is not serviced by any community water or sewer systems and none are located in the project area. 2. Less than 30'16 slope-The project site has a 0-10%slope range that will not pose any significant development impacts. 3. Adjacentor near to existing roads and public utilities-The project site has access from Humbolt Road and is serviced by PG&E power lines. 4. Not within floodplain or known active faults-The Butte County Seismic Safety Element does not indicate any faults in the area and the risk of ground rupture during a seismic event is remote. The southern 1/3 of the project site is crossed by two creeks that cause this area to be identified on the FEMA Flood Insurance Rate Map, Panel 00617-025B as being located in Flood Zone A. Water level records are not available for these creeks, however, records are available for Butte Creek for a period between 1961 and 1976 from the United States Geographical Survey (USGS)which utilized a gauging station at the juncture of Butte Creek and Bolt Creek. The USGS records indicate that during these years Butte Creek had a maximum flow of 4,290 cfs which is less than the Department of Public Works predicted 50 year flood event of 7,386 cfs. It is difficult to predict the exact water levels on this site, but it is reasonable to assume that flood water levels on the project creeks roughly parallel those numbers found along Butte Creek,or are less considering the disparity of elevations that AF Butte County Department of Development Services Ar Planning Division Ar 2 means precipitation downstream may be rain while at this site it may fall as snow with little or no runoff. The series of storms in February-March of 1986 produced the highest stream flows on record throughout Butte County,but no substantial data exists for Butte Meadows. However, personal accounts of citizens familiar with the Butte Meadows area indicate that the 1986 storm did not significantly flood the project site. To reduce this potential hazard to a level of insignificance the applicant will be required to establish 100 year floodplain elevations and the lowest floor elevations for any structures. This information will also be required to show these elevations on the parcel map. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. 5. Past official actions- Parcels adjacent to the 20-acre portion are zoned TM-2 and TP-160. Other nearby parcels along Humbolt Road are zoned PUD(Lucas Ranch Subdivision ,1-3 acre lots),TM-2,TM-5 and TMA 0. A 29 lot subdivision was approved for one to five acre lots(HC,TM-2,TM-3,TM-5) approximately 1000 feet west of the project site. Other issues or concerns Approval of this General Plan Amendment and Rezone will allow the applicant to submit an application for a parcel map to create a 20 acre parcel. The 20-acre parcel would be permitted to have one single-family dwelling and accessory buildings. No significant major environmental constraints have been identified for the site that cannot be fully mitigated. The County will have an opportunity to address any and all potentially significant, substantial, incremental, and cumulative impacts relating to development of the 20-acre parcel at the time of application submittal for a tentative parcel map. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and is subject to the requirements of CEQA. An Initial Study Part 1 has been prepared by the applicant and Part 2 has been prepared by County staff. Based upon the review of the Initial Study, staff has determined that the project will not have any impacts to the environment. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and was mailed to all property owners within a 300 foot radius of the subject property. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of Application No.GPA 96-03 and REZ 96-04, subject to the findings and conditions listed in Exhibit A. Ar Butte County Department of Development Services a Planning Division N 3 EXHIBIT A BUTTE COUNTY PLANNING COMMISSION File#GPA 96-03&REZ 96-04 for Garland Hart on APN 060-070-027: A request to amend the Butte County General Plan designation from Timber Mountain to Agricultural-Residential and change the zoning designation from TM-40 to TM-20 on a 20 acre portion of a 66.69 acre parcel,located on the east side of Humboldt Road directly north of the Butte Meadows Volunteer Fire Station#11. This project is located in Supervisorial District 3. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act and no potentially significant environmental effects were identified. B. The design of the proposed project improvements will not cause environmental damage to fish or wildlife or their habitat; and C. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of the County of Butte;and Section 2: General Plan and Zoning Findings. A. Find that the characteristics of the project site meet the criteria for inclusion into the requested General Plan designation of Agricultural-Residential; and B. Find that the rezone conforms to the policies, including the text and map of the Butte County General Plan,because the requested zone is listed as a zone that is consistent with the requested Agricultural- Residential General Plan designation and the uses permitted by the zone will be consistent with the General Plan and surrounding properties;and Section 3:Action. A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, move to recommend that the Planning Commission recommend that the Board of Supervisors amend the General Plan designation of a 20-acre section of parcel of APN 060-070-027 from Timber Mountain to Agricultural-Residential, and adopt an Ordinance rezoning the same 20-acre portion from TM-40 to TM-20, subject to the conditions listed herein. B. Minor changes may be approved administratively by the Director of Development Services, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application,fees paid,and environmental determination as conditionally approved.Changes deemed to be major or significant in nature shall require a formal application for amendment. C. Conditions of Approval: None Ar Butte County Department of Development Services AF Planning Division a 4 Vicinity Map i i Tehama County Butt C my ut M ow air Project Location a m �o L ��F of �o oma 00 4° i I GP 96-03 -04 AP#060-070-027 v TPZ-160 TM-40 i Q M-5 ddrill no .•� : ................................ m W31 I Humbo M 2 U Project Location TPZ-160 U BUTTE COUNTY PLANNING COMMISSION Applicant: Garland Hart Owner: Same Hearing Date: April 11, 1996 @ 9:00am Existing Zone: TM-40(Timber Mountain 40ac.min.) A 1 Request: General Plan Amendment from Timber Mountain to Agricultural Residential and No Scale Rezone from TM-40 to TM-20. Assessor Parcel No: 060-070-027 File: 96-03 Vicinity Map Tehama Count _ Butt C my ut M ow Project Location a r MJF JF �o �a o� � o a4 Q� a9� GP 86-03 -04 AP#D60-070-027 vv TPZ-160 Q TM-40 M-5 #�� ddrill ne :::1:�1/�-`? :: m 3 Hum c M 2 U Project Location TPZ-160 U BUTTE COUNTY PLANNING COMMISSION Applicant: Garland Hart Owner: Same Hearing Date: April 11, 1996 @ 9:00am Existing Zone: TM40(Timber Mountain 40ac. min.) N Request: General Plan Amendment from Timber Mountain to Agricultural Residential and No Scale Rezone from TM40 to TM-20. Assessor Parcel No: 060-070-027 File: 96-03 '"/ S O -as-1.s L 0 9715! S Q t7z ^09 C) �V 1 9901 00)0 - O: --� _Q-z,'OA L o M N Soot ©) ( - 9170.. C �r ogo _ (290 �0 Vq 0 ��e 2- z 0 - 960 0; L: 060 240 010 000 STATUS: ACTIVE STEIDLMAYER LEO. ETAL. j MEDLOCK BRUCE MR & MRS (LESSEE) 41929 ROAD 27 WOODLAND CA 95695 f.. L: 060 070 027 000 STATUS: ACTIVE L: 060 240 011 000 STATUS: ACTIVE HART GARLAND STEIDLMAYER LEO ETAL P 0 BOX 3320 ' CARROLL JIM MR & MRS (LESSEE) 7A ST CHICO CA 95927 ORLAND CA 95963 L: 060 070 026 000 STATUS: ACTIVE ( DIAMOND LANDS CORPORATION f, L: 060 240 012 000 STATUS: ACTIVE C/O SIERRA PACIFIC INDUSTRIES STEIDLMAYER LEO ETAL P 0 BOX 496014 SHELEY RICHARD G (LESSEE) �.. 13 VICTORIA REDDING CA 96049-6014 (. --.-- - CHICO CA 95926 L: 060 110 083 000 STATUS: ACTIVE DENN WALLACE L & SANDY A ETAL {•. i L: 060 240 039 000 STATUS: ACTIVE STEIDLMAYER LEO ETAL P 0 BOX 470 GABSKI STACEY L (LESSEE) WI.LLOWS CA 95988 ; 1035 BRUCE LN CHICO CA 95928 L: 060 110 106 000 STATUS: ACTIVE (. BIGGERS GLEN E & SUSAN M FAMILY -TRUST L: 060 240 038 000 STATUS: ACTIVE BIGGERS GLEN E & SUSAN M TRUSTEES STEIDLMAYER LEO ETAL 4:.. 1 PIEDMONT CT FISKE WILLARD A MR & MRS (LESSEE) CHICO CA 95926 : t; <. 2135 NORD AVE SP 5 __.._T_.. CHICO CA 95926 L: 060 110 107 000 . --STATUS: ACTIVE ... VARDELL CLIFFORD &. JANELLE L: 060 240 037 000 STATUS: ACTIVE STEIDLMAYER LEO ETAL - KESTER JAMES A & AMY L ETAL (LESSEES) 607 DARROUGH DR 12038 LEMMING ST YUBA CITY CA 95991 (. LAKEWOOD CA 90715 060 060 008 000 STATUS: ACTIVE �. SCHILL DONNAR L: 060 240 036 000 STATUS: ACTIVE ( . } STEIDLMAYER LEO ETAL P 0 BOX 737 KOCH ROGER M MR & MRS (LESSEE) (.- ,-_ 7808 HUMBOLDT RD CHICO CA 95927 BUTTE MEADOWS CA 95942 L: 060 240 040 000 STATUS ACTIVE { L: 060 240 014 000 STATUS: ACTIVE STEIDLMAYER LEO ETAL i... STEIDLMAYER LEO ETAL P 0 BOX 268 TAYLOR M P MR & MRS (LESSEE) COLUSA CA 95932 i�... 19190 SIMPSON RD CORNING CA 96021 I • I I I I i I u 0 si a ,I1:nuaby C, �i�� 9 Z � � C:a LI:::323 SILK •vRCC Z7 -Dii QrtC��3 CC • ��L'� UO'SSn Xa Tl.alt -kT C 0� • "6 VO LZO-OLO-090 '0-96HdO PuvYluO `Zm 5'd9 PROD Er i YAM' GPA HART. Garland GWI 96704 4.� 060-070-027 FiLB GPA 96-04 30 Day Review Period Ends S H Review Period Ends NErrin O=GOING AC=TY Q E C 2 S �` 5 Dams i I I APPLICA*ION FOR GENERAL 19LAN AMENDMENT BUTTE COUNTY PLANNING COMMISSION APPLICANT: Read and follow instructions as set forth on last page of this form. Applicant's name Garland Hart c/o L & L Surveying Phone number 916-877-4300 Applicant's mailing address P.O. Box 671 , Paradise, CA 95967 Applicant's interest in property(Owner,lessee,other) Owner Owner's name and address Garland Hart, P.O. Box 3320, Chico, CA 95927 Contact person for project(if other than applicant) Hollis Lundy - L & L Surveying Assessor's parcel number(s) 60-07-02.7 Street address N/A Present General Plan designation Timber Mountain ll Present Zoning TM-40 S PaEcrl 1�0 acres - { REQUEST GENERAL PLAN DESIGNATION y Agricultural-Residential Z Location,dimensions and size of area(s)to be amended _ Property is located Off Of Humboldt Road in Butte Meadows. 20.62 Ac net shown as PArcel 1 w on Tentative Map. H Z U j Applicant's reasons for amendment TO do Parcel Map. a a Proposed scheduling/Associated projects(formation of service district,etc.): Rezone, Parcel Map Anticipated incremental development (future development plans subsequent to General Plan Amendment: Do Parcel Map and might build a homesite. Existing/proposed sewage disposal method: Septic Proximity of power and phone lines: Humboldt Road Distance to natural water course or storm drain: Southwesterly corner of property is Mallov Creek. Planning Department Water source: N O V n-6 1995 I Orovills,CFJ�,i m; Proximity of water for fire fighting purposes(hydrants, ponds,etc.): Fire Station is on Westerly property line. Will excavation or grading be necessary? N/A Cubic yards(estimate): I 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: Rezone and Parcel Map Application I ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES Identify potentially significant environmental impacts associated with the General Plan Amendment. What project design features or special conditions of approval (mitigation measures) are proposed to alleviate potential environmental impacts? N/A z a a w Z ENVIRONMENTAL SETTING d' V Describe the project site as it exists before the project, including information on topography, soil stability, j plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. a Grassy meadow land with stream on Southerly end of property. Pines ori Southeasterly end of property. Chapparel. Typical mountain animals. Southwest corner is good homesite. Describe the surrounding-proper.ties;.including information on.plants and.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, setback, rear yard,etc.). Same as above with Fire Station Westerly of property. Northerly is Steidlmayer Subdivision. Southerly timber, Easterly timber. 2 I hereby declare under penalty of perjury that I have read and understand the instructions and that the foregoing statements are true,complete and correct to the best of my knowledge. Dated Applicant's signature Dated 'x 1 1 T9-S Property owner's signature r � � Project file number Request: General Plan Amendment to Location and size of parcel(s): Z o Verify: UA.P.Number(s) Location Description �p", Ownership Legal Description of Area O Proof of Agency(if needed) Maps of Area and Reproducible Master Present Zoning and,General Plan Designation . Date of Application Received I/—lv— $� 46,&o Receipt No. IJr�O 8 Application taken by J&U�� . 3 INSTRUCTIONS TO APPLICANT FOR GENERAL PLAN AMENDMENT It Iflapplicant-isnot the owner, written authorization by the ownei dr other proof of agency must be submitted in order for the applicant to legally sign the application. Applications shall be considered void if not signed by the owner or legal agent. 2. All items on application shall be filled in as completely as possible. Very few items should be marked not applicable by the term "N/A". 3. It is very important that the application include an accurate and complete description of the property proposed for amendment. The application will not be processed until we receive the following information about the area(s)to be amended. a.Assessor's parcel number(s)(from the tax bills or Assessor's Maps). b. Street addresses(if available). c. Distances and directions to named streets,bodies of water or railroads. d. Legal description (subdivision lot numbers, fractions of sections or distances and bearings of perimeter dimensions). e. copies of map with area(s) outlined (Assessor's map, subdivision map, zoning map or other map showing parcels)and a reproducible master of the map. 4. Because the California Government Code requires that local general plans be integrated and internally consistent, amendments to the Land Use Plan Map(s) of the Butte County General Plan must be consistent with written policies and standards contained in the adopted elements of the plan. S. The "Application for General Plan Amendment" is subject to public hearings and approval by both the Planning Commission and Board of Supervisors. 6. Application fees as of (date)are$ Fees may be paid in cash or by check made payable to "Treasurer of Butte County". 7. Before submitting the application, applicant is requested to discuss with staff all questions about application requirements, County procedures, site designation criteria and policy considerations. 8. Applicant is requested to be as complete as possible in stating the reasons for the application and encouraged to discuss in writing the proposal's conformance with the policies and criteria of the Land Use Element of the Butte County General Plan. j, LETTER OF TRANSMITTAL S L8zL 1007 BILLE ROAD- P.O. 1I0X 671 PARADISE.CA 95967 (916) 877-4300 FAX (916) 877-2251. �LEZ©ti/E DATE TO: PLA VVIA,16 Q6Pr, ATTN: WE ARE SENDING YOU: L ATTACfiED ❑ UNDL•'R SL•'1IARATE COVER 'IH FOLLOWING ITU1S: COPIES DATE DESCRIPTION 9-zZ-4 s' �vT �A-p -95u-rHo � d►ZG ���A u��lElz �,��� ESD j T-ITM5 R5P01-T 1 `j -21 - 95 C.46e-k ' r-b 5'703° ,ao ��FS THESE ARE TRANSMITTED AS CHECKED_BE:LOW: Planning Department E]PER YOUR REQUEST ❑FOR YOUR TNF'ORMATION *FOR YOUR REVIEW NOV 0 61995 �sFC�V4:\9 'vKaeio�`r'fi7ia REMARKS: SIGNED JOB NUMBER t1.1' V L S L& L SURVEYING 1007 Bille Rd. - P. 0. Box 671 - Paradise, CA 95961-0671 Telephone: (916) 877-4300 - FAX: (916) 877-2251 COUNTY OF BUTTE 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965 GENTLEMEN: I , Garland Hart OWNER OF RECORD OF THAT CERTAIN REAL PROPERTY KNOWN AS AP # 60-07-097 , GENERALLY LOCATED AT Butte Meadows DO HEREBY AUTHORIZE L & L SURVEYING, 1007 BILLE ROAD, PARADISE, CALIFORNIA, TO ACT AS MY AGENT BEFORE THE COUNTY OF BUTTE PLANNING COMMISSION AND OTHER BUTTE COUNTY AGENCIES IN ALL MATTERS PERTAINING TO AND AFFECTING THE LAND,USE, ZONING, AND PROPERTY DEVELOPMENT OF SAID DESCRIBED PARCEL. DATED: 9 q S~ Plannlnp r)martment N O V n 5 1995 �rrfog+Yid,isete.::•.: �a 0-ft 7 WILLIAM J. McGAMN, ETC. TO A. r-12 DIAMOND MATCH C�)MPANT. ".RIS I1'D!NrM, =ede this 14th day of Jure, in the year of our Lord ore thousand cine hundred and thirty-s!vea between WILLIAM J. MoUrN, ` an ar^lariied Ruir , the party or the first i art and TZ1Z DIAMOND HATCH COW{PAgT, a corporation, the party of the second per-, krITN°'SSMM: That the seid party of the first part, for and in consideration of thw res of TEN AND N0/100 DOLLARS, la*-"ul money of the Unitoel Sr_.4*.re of i-ne-rics to %4_ :n Paid party of the second part, the receipt whereof is hereby acknowledge", doer by these k ;resents, grant, bargain, sell, convey and confirm unto the eel: party of the second pert, and its successors and assigns, forever, all thone certain lots, pieces or percels of lend +it,.lst!A, lying And being in tate 4ounties o: Butte and Tehama, State of Cal "Pornti, end branded •ind particularly described es follows,to-wit: PAP.C= 1: The r:orthwsst quarter (hap}) of Section Thirty-two (72) Township :'duty-six ( 26) North, Range Four (4) Zant, K.D.B.& M. e PAP.CM 2: An undivided one-third interest in and to the following described real rroperty: The East Ralf of West Falf of Northwest Quarter (EJ of ill of trki) of Section twenty-eight The Fortheast Quarter of Northwest Quarter (NE} of N14) of Sectioa T-etty-eigbt (28) The S-outheast ^�,vnrter of Northwest CtisrLer (°E} of !Wt) of Section Twonty-eight (28); Abe Northwest Quarter of Northeast Quarter (NL'} of NZ}) of Section Twenty-eight (29); The Sa!theast Quarter of Southeast Quarter (S$} of Sr}) of Section Twcaty (20); ^or.tsinina_. PM scr^_s, more or less, end all beim in Township Twenty-six (26) tioru1, Rance Your (4) Feat, V.D.B.. M.; EXCLIFTING, HOVEP?R, from the foregoing that certain parcel of lnnd percleularly deseribed oil; follows, to-wit: BEGINNING at a point 22 chains East of the NN corner of Section 28 TV,-. E6 N.R.4 E., V..D.B.k M., and cont1huing Zest to the County Read at 26 chains and along an old fence live 33 26.60 ,•atween Sections W end 21 Twp. 26 N. R. 4 E., 1.D.B:& M. , to 31 chains frn thesrore►said sornsr: thence S-rlth 2n chains to the South line of the IFFJ of NE} of said Section 29; t1nenee hest lI e'neins to the SA acrner of the Y%t of NE} of said Section 2S, thetWe South 10 cbeiaa along the F.aat line of the No} of said Section 28 Twp. 26 N. R. 4 E., V.D.B.& K. ; thence W,!at 3 chains, thence F. SO" W 19 chaiaa to a point in the oerter of the county rued &boc:t 1 cbain Soda of the in,;erseotion of Malloy Creek and Paid county road, tL-?nee North IS chains to the point of t beginning, Sold line enclosing portions of NWI of NE}, h"Ij of N'F}, 5T.t of IVI Of Section 28 TV7. 25 K. R. 4 E., 14.D.rA M. , end containing 63 acres, more or lees, and ' R?SMV':NG unto the grantor, his helka err assigme, grazing privileges over all of elms► real property herein sold by the Paid Forty of the firpt part to the part] of the sseoDd part, for fi e period of £0 years from de's. IT IS L'NDITSTOOD bootwpe: the parties hereto that the seeond rarty has already seQairod by purcrese under date of Jnt:ua~p 12, 1922, all. timber privilAges upon tha land herein sola, and !his dyed is executed sol6i; to convey' to Vie second party the legal title whish first party Dep is and to the property hereinabove described std her-,In sold, said purchase of sold Umber privileges being by written Inst.rnaent dotted said 12th day of January, 1CP.2, and recorded March 6, 1922, in rook •:c' of ''ovenantn, prize 216, records of the County of Butte, State of Cd ifornia. T0(,.FU—FR with e:l %nd a!roller the tenrenents, bertditasents and e;purt#nAncPi thereunto elo::e�!r.o, nr lr. arrS�• +�;;^:'•!►ire!not, sad the rPc-rPSon nrA ra•!rclor.a, romp:ndsr anA r+ ir�irrP ..nom• NAn �n� And SW 9 u AON iumppdafl BuluuBld i i i` I I I I I U „ - .��f;•r�lo. Escrow No. 108756 MC Loan No. 99-041576 i Rec Fee 7. 00 WHEN RECORDED MAIL TO: • DOC 174. 90 Recorded ( Total 181. 90 GARLAND HART Official Records 1 P.O.BOX 3320 County of : MIDVALLEY TITLE CO. i Chico, CA, 95927 Butte Candace J . Grubbs , : Recorder 8:00am 24-Oct-89 I 9j 2 MAIL TAX STATEMENTS TO: 179 90 DOCUMENTARY TRANSFER TAX $................:............................... .�4 Computed on the consideration or value of property conveyed; OR same as above ......Computed on the consideration or value less liens or encumbrances remaining at time of sale. The undersignedt or Ae_her� declares _ Signature of Oeclarenent n detenlnlnp tax — Flrm Name APN# 060-07-0-002-0 GRANT DEED �N ray P FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, � GLEN E. BIGGERS AND SUSAN BIGGERS, husband and wife, hereby GRANT(S) to GARLAND HART, an unmarried man the real property in the City of Unincorporated area in the County of Butte State of California, described as SEE ATTACHED LEGAL DESCRIPTION t G 41GlE. igg 1 STATE OF CALIFORNIA Isa -- COUNTY ooj_�_ p__.�D 1 �+ o sun Biggers On— before me,the under-; ted,a Notary��Public In and for said State,ner sonallya eared_ G.,.,..._. [ _....__� personally known to me(or proved to me on the basis of satisfactory OFFICIAL SEAL evidence)to be the person(s)whose name(s)is/are subscribed to the MARY R. (ASEBEER within instrument and acknowledged to me that he/she/they executed is (VOTARY PUBLIC•CALIFORNIA BUTTE COUNTY Ino same. oft IN Comm.Expires Jan.29,1993 WITNESS my hand and official seal. (This area for official notarial seal) 1002 (6/62) MAIL TAX iTATEMEN'I;; ^.;i DIRECTED ABOVE l•�,�t�e�lt•,ttea�n<,,ingaf,a+r�� �Sb 9 , A ON •i 1 . i •. ORDER NO. BU-102482 MC DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, DESCRIBED AS FOLLOWS: THAT PORTION OF SECTION 28, TOWNSHIP 26 NORTH, RANGE 4 EAST, M. D. B. & M. , MORE PARTICULARLY DESCRIBED AS FOLLOWS: (.:i:.7 BEGINNING AT A POINT 22 CHAINS EAST OF THE NORTHWEST CORNER OF SAID SECTION 28, AND CONTINUING EAST TO THE COUNTY ROAD AT 26 CIIAINS AND ALONG AN OLD FENCE LINE BETWEEN SECTIONS 28 AND 21, SAID TOWNSIfIP AND RANGE, TO 51 CIIAINS FROM AFORESAID CORNER; —THENCE SOUTH 20 CHAINS TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28 ; THENCE WEST 11 CHAINS TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28 ; THENCE SOUTH 10 CIIAINS ALONG THE EAST LINE OF NORTHWEST QUARTER OF SAID SECTION 28 ; THENCE WEST 3 CHAINS; THENCE NORTH 50 DEG. WEST 19 CIIAINS TO A POINT IN THE CENTER OF THE COUNTY ROAD ABOUT 1 CHAIN SOUTH OF THE INTERSECTION OF MALLOY CREEK AND SAID COUNTY ROAD; THENCE NORTH 18 CHAINS TO THE POINT OF BEGINNING. 10 PAGE 4 1 STATE OF CALIFORNIA iss. courirr,OF fI sun )-jiggers before me,the unders ped,a Notary Public In and for said state,per. sonallya eared.. Personally known to me(or proved to me on the basis of satisfactory OFFICIAL SEAL evidence)to be the persons)whose name(s)is/are subscribed to the `° '• MARY R. fASEBEER. within instrument and acknowledged to me that he/she/they executed NOTARY PUBLIC•CALIFORNIA BUTTE COUNTY the same. 14 Comm.Expires Jan.29,1993 WITNESS my hand and official seat. Signature o'- (This area for official notarial sea() MAIL TAY 3TATEMEN II;; n,',' 1002 (6182 DIRECTED ABOVE SS-61, s U n®N f l � ' L - t k oC..CiW OCP OC CARL B. LEVERENZ 515 WALL STREET A PROFESSIONAL CORPORATION ' CHICO,CALIFORNIA 95928 TELEPHONE(916) 895-1621 FAX (916) 894-5043 November 16 , 1995 Steve Lucas `Butte' County Planning Department �. 7 . County, Center• Drive Oroville, , CA 95965 Dear. Steve: Re: Garland Hart Parcel Map It is my understanding that there have been some modifica- tions of the way the Map will be submitted on the above project. Therefore, . I would like to clarify how we intend to proceed. 1 . The application will be for a rezone subject to a � planned unit development. The larger parcel, of approxi- mately 45 acres, will be restricted to �the timber- mountain uses .outlined in. Chapter 24 of the. Butte County' Codes, and furthers; the larger parcel will have deleted. from its uses items. land 6 of the permitted uses, which, in effect, precludes any- dwelling or residence on the larger parcel. 2 . The smaller parcel, which will be in excess of 20 acres, will have all of the timber mountan uses and will ultimately consist of three home sites. 3. The estimate of the time to process this rezone and planned unit development is approximately 195 days. It is my understanding that rather than submit two Maps, one Map will be used which will both be a Parcel Map and will also have on the Map the above mentioned restrictions for each, parcel. Thank you for your continuing cooperation-'"in this matter. . e Ve truly yours, E NZ CBL;pp cc Garland Hart plaI2o~i� Hollis. Lundy NOV 2 01995 1 L S L&1L SURVEYING 1007 Bille Rd. - P. O. Box 671 - Paradise, CA 95967-0671 Telephone: (916) 877-4300 - FAX: (916) 877-2251 November 28, 1995 Steve Lucas Butte County Planning 7 County Center Drive Oroville, California 95965 RE: General Plan Amendment and Rezone Application for Garland Hart, A.P. #060-070-027. Dear Mr. Lucas, At this time it is our wish, and has always been the wish of our Client, to continue with the original application from 9/21/95 on this Parcel. We wish to proceed in applying for a General .Plan Amendment and a Rezone on this Parcel. As our original applications was for this you should have all necessary fees and applications to proceed. Please process these applications as soon as possible as time is of the essence. If there is anything else you might need, please don't hesitate to call me. Sincerely, Hollis Lundy, PLS Planning pepartment N O V 3 0 1995 9163956512 P. 01 Nov— 2-95 THU 16 :36 Ent HES I tfi—Chico ( I Vo COUNTY OF BUTTE 161217 FFICIAL F CEI T �. 4 - r� a F ICE OR DEPARTMENT 1;SUIMG•RECEI1"7 997 Received from The Slim kgr� s j Received: 6 Q ^Q-7-0-0Z— / Received By. — — CASH ❑ Title CHECK By , AGLES FORMS AND MORE (91617434323 i _ .. p� IgUYTE 165966 1,OusTY 11AL RErCEIIPT IOFFIC OR D ARTMENT 1:;J3U11G Ri=CEIPY �- fieceiv-d horn ► ,.Z1') The g of - 41. -?f qq pmgived BY Title� CASH i CHECK BY 1NO MORE (9t611� 29 � AGLEB FORMS A ,I S t ' 1 ' fY r Maria&Oona V140 nose ?440)1121033 CHECK PA CVZH rrr tit ', bQCI)neq BA--�..._, J/ dE iC Oy D wEV�j nij,a --- tiECtCo t6.L f I Iv}^oj gnjE � ti .f ago vvrEa tod��vin m>a>: tdaei sva4>:� CHECK [ < 1 Cbc'H 1�i1e bscstneq gA----=meq � �----- NO ��- ,Z,ps grrrct o �-&Zti� sGsl�sq �LO111 1 .YlSAN RO 6 ICIR OU t7EbbtdlWEY1S l ar�swe iiEC> 164 ��.c� t�Ictvr I SeTST1 conHiA . BnuF —a2 _LHn Te ;Re gat _ —, � , � ar�'s�Ce2r:� �� er 'SAME, J 10-1 • • RECEIPT TOTALPUBLICI LAFCO I --.- VARIANCES PUBLIC PUBLI. OTHER 'APPLICANT RECEIVED FROM NO. RECEIVED WORKS PERMITS Ocu.e.,S EALT. RECEIPT 1510 ul) Ma OFFICIAL RECEIPT is COUNTY OF BUTTE STATE OF CALIFORNIA CtI OFFICE OF PLANNING C:> 0 ISSUED BY SAL 0 GARLAND HART JEANIE HART 1784 PO BOX 3320 (9 8940363 CHICO, CA 959277 / 11-35n210 2 U 19 PAY TC''I HE 12 @ G ORDER OF s S 90 3 _0.. D''O L L A R S ' V■ Bank of America (916) 699-2120 Chico Main Branch 0006 400 Broadway Chico, CA II 9592 MEMO ,� ML F_&d� 1: 12 L000 3 581: L 78 L, it,0006 7-0 3 7 2115 � .�S::.fS�og:,'..5..903 :Sao . S000 q8 its AR '•.S/4ME, ll, RECEIPT TOTAL PUBLIC •USE PV ELIC ENV tOATE_ LAFCO VARIANCES ZONING V OTNER APPLICANT RECEIED FROM NO. RECEIVED WORKS PERMITS DOCUMENTS NEALTN RECEIPT 15108 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY SAL S p M E R 4 ~ R Pre%liminary . Re ort Mid Valley Title and Escrow Co. Chico — Oroville -- Paradise Affiliated With First American Title Insurance Company Planning nsmitmant NOV n 6 1996 ®rovilie,Unlornia EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) E 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 s SCHEDULE B a EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs.attorneys'lees 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 levies taxes or assessments on real property or by the public records.Proceedings by a public agency which may result in taxes or assessments•or notice of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts.rights,interests oi claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances.or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments.or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims:(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water•whether or not the matters excepted under(a),(b),or(c) are shown by the public records. EXCWSIONS FROM COVERAGE The following matters are expressly excluded from The coverage of Ibis policy and the Company will not pay loss or damage,costs.attorneys'fees or expenses which arise by reason of: I. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(f)the occupancy,use,or enjoyment nl 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 thereol 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. (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 violalion 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 laking 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: i (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 lou or damage to the insured claimant: (d) attaching or created subsequent to Dale of Policy;or (e) resulting in loss or damage which would not have been sustained it the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Dale of Policy or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable 'doing business taws 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 arty consumer credit protection or truth in lending law. .. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by their 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. 2.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 4-6-90) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land•or regulating the character• dimensions or location of arty improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of arty violation of any such law•ordinance or gnvernmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Dale of Policy, 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 and not shown by the public records but known to the insured claimant either at Dale of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the dale such insured claimant became an insured hereunder:(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. 4. Any claim,which arises out of the transaction vesting in the insured The estate or interest insured by this policy,by reason of the operation of federal bankruptcy.state insolvency,or similar crediloW rights laws. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (AMENDED 4-6-90) WITH REGIONAL EXCEPTIONS When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE 8 This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Parl One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by The public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. '• "'— �-'--••---�� —.,,mhrancas which arR net sham by the public records. ORDER NO. BU-129111 RB MID VALLEY TITLE AND ESCROW COMPANY PRELIMINARY REPORT making nulouy of Vcr.;uir�it, this policy does not Insult,AtIAm:•I in:.;,w r.n. r. Part one: exisling gens by the mcordb of any hxiwl aulhontV Ilial Ifvu;5 Cuss"'ui inspection,nl said1lanA of hy. Taxes of assessments which am not shown as the public records but which could he ascedained by: A M .h..n ha noblic lecolds. l interests.or claims which ale not shown by public records. 2. Any lacls,righls, ,;ti,,.���shown by the ORDER NO. BU-129111 RB MID VALLEY TITLE AND ESCROW COMPANY PRELIMINARY REPORT POST OFFICE BOX 3039 601 MAIN STREET CHICO, CALIFORNIA 95928 TELEPHONE (916) 893-5644 ALL- POLICIES OF TITLE INSURANCE ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY (2) • YOUR NO. ESCROW OFFICER: ROGER BUTTON RE: HART-DIAMOND LANDS CORP. IN RESPONSE TO AN APPLICATION FOR A POLICY OF TITLE INSURANCE, THE ISSUING AGENT, BRANCH OR SUBSIDIARY OF FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION, DESIGNATED HEREIN AS "ISSUING OFFICE" HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION ' `HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD -BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. 1. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 OR 1987 (AMENDED 4-6-90) 2 . AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 3 : AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 OR 1987 (AMENDED 4-6-90) 4. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY - OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF JULY 20, 1992, AT 7:30 A.M. ROGER BUTTON, CHIEF TITLE OFFICER PAGE 1 ORDER NO. BU-129111 RB TITLE OF SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: GARLAND HART, AN UNMARRIED MAN, AS TO PARCEL I; DIAMOND LANDS `` CORPORATION, AS TO PARCEL II . I THE ESTATE OR .INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: THE FOLLOWING ITEMS NUMBERED 1 THRU 5 AFFECT PARCEL I: 1. GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 1992-93, A LIEN, BUT NOT YET DUE OR PAYABLE, 2 . THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3 . 5 COMMENCING WITH SECTION 7*5 OF THE CALIFORNIA REVENUE AND TAXATION CODE. A REPORT HAS BEEN ORDERED TO DETERMINE. IF A SUPPLEMENTAL TAX BILL HAS BEEN SENT OUT. IF' .A BILL HAS BEEN SENT, A REPORT WILL FOLLOW PRIOR TO THE CLOSE OfESCROW. RE-CHECK .SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW. 3 . RIGHTS OF THE PUBLIC OVER ANY PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN THE BOUNDS OF ANY PUBLIC ROAD OR HIGHWAY. 4 . A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $127, 200. 00, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY DATED: OCTOBER 18, 1989 TRUSTOR: GARLAND HART, AN UNMARRIED MAN TRUSTEE: MID VALLEY TITLE AND ESCROW COMPANY, A CORPORATION BENEFICIARY: GLEN E. BIGGERS AND SUSAN BIGGERS, HUSBAND AND WIFE RECORDED: OCTOBER 24 , 1989 , UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 89-41577 . CONTINUED PAGE 2 i ........... — ORDER NO. BU-129111 RB ITEM NO. 4 - CONTINUED BENEFICIAL INTEREST THEREUNDER WAS ASSIGNED FROM: GLEN E. BIGGERS AND SUSAN BIGGERS TO: GLEN E. BIGGERS AND SUSAN M. BIGGERS, TRUSTEES OF THE BIGGERS FAMILY TRUST DATED DECEMBER 12 , 1989 BY ASSIGNMENT RECORDED: JUNE 7, 1990, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 90-23840. 5. THE HEREIN DESCRIBED PROPERTY LIES WITHIN THE BOUNDS OF THAT CERTAIN RECORD OF SURVEY RECORDED: MARCH 30, 1990, IN BOOK 120, OF MAPS, AT PAGE(S) 6, BUTTE COUNTY RECORDS. TAX NOTE: GENERAL AND SPECIAL 'BUTTE COUNTY TAXES FOR THE FISCAL YEAR 1991- 92, 1ST INSTALLMENT: $845.84 , PAID. 2ND INSTALLMENT: $845.84, PAID. EXEMPTION: $_o_ ASSESSED: SEPARATELY AP# 060-070-002-000 CODE AREA "093-006 THE FOLLOWING ITEMS NUMBERED 6 THRU 13 AFFECT PARCEL II: 6. GENERAL AND SPECIAL BUT'T'E COUNTY TAXES FOR THE FISCAL YEAR 1992-93 , A LIEN, BUT NOT YET DUE OR PAYABLE. 7 . THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3 .5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. A REPORT HAS BEEN ORDERED TO DETERMINE IF A SUPPLEMENTAL TAX BILL HAS BEEN SENT OUT. IF A BILL HAS BEEN SENT, A REPORT WILL FOLLOW PRIOR TO THE CLOSE OF ESCROW. RE-CHECK SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW. . 8 . THE RIGHT TO CONSTRUCT, PLACE, INSPECT, MAINTAIN, REPLACE, REMOVE AND USE FACILITIES OF THE TYPES STATED HEREIN AND OTHER INCIDENTAL PURPOSES IN FAVOR OF: PACIFIC GAS AND ELECTRIC COMPANY FACILITIES: POLES RECORDED: MARCH 11 1961, IN BOOK 1102 , PAGE 163 , OFFICIAL RECORDS. AGREEMENT AMENDING SAID EASEMENT RECORDED MARCH 20, 1962 , IN BOOK 1170, PAGE 118, OFFICIAL RECORDS. CONTINUED PAGE 3 ORDER NO. BU-129111 RB 9. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $125, 000, 000. 00, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY DATED: MAY 29, 1985 TRUSTOR: DIAMOND LANDS CORPORATION, A DELAWARE CORPORATION TRUSTEE: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA BENEFICIARY: THE TRAVELERS INSURANCE COMPANY , A CONNECTICUT CORPORATION RECORDED: MAY 29 1985 UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 85-15698. AFFECTS: THIS AND OTHER PROPERTY. MODIFICATION AGREEMENT THEREUNDER BORROWER: DIAMOND LANDS CORPORATION LENDER: THE TRAVELERS INSURANCE COMPANY RECORDED: APRIL 1, 1988, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 88-10288. MODIFICATION AGREEMENT THEREUNDER BORROWER: DIAMOND LANDS CORPORATION, A DELAWARE CORPORATION LENDER: THE TRAVELERS INSURANCE COMPANY , A CONNECTICUT CORPORATION RECORDED: JUNE 6, 19.89 , 'UNDER BUTTE COUNTY RECORDER'S SERIAL NO, 89-20559. SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE DEED OF TRUST RECORDED MARCH 25, 1988, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 88-9485 (SHOWN IN ITEM NOS 10) , BY SUBORDINATION AGREEMENT RECORDED JUNE 6, 1989, UNDER. BUTTE COUNTY RECORDER'S SERIAL NO. 89-20560. MODIFICATION AGREEMENT THEREUNDER BORROWER: DIAMOND LANDS CORPORATION LENDER: THE TRAVELERS INSURANCE COMPANY RECORDED: NOVEMBER 20 , 1989 , UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 89-46308. CONTINUED PAGE 4 ORDER NO. BU-129111 RB 10. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $100, 000, 000. 00, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY DATED: MARCH 22, 1988 TRUSTOR: DILLARD LUMBER CO. , AN OREGON CORPORATION, ROSEBURG RESOURCES CO . , AN OREGON CORPORATION, ROSEBURG FOREST PRODUCTS CO. , AN OREGON CORPORATION AND DIAMOND LANDS CORPORATION, A DELAWARE CORPORATION TRUSTEE: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY: THE . TRAVELERS INSURANCE COMPANY , A CONNECTICUT CORPORATION RECORDED: MARCH 25, 1988, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 88-9485. AFFECTS: THIS AND OTHER PROPERTY. MODIFICATION AGREEMENT THEREUNDER BORROWER: DIAMOND LANDS CORPORATION LENDER: THE TRAVELERS INSURANCE COMPANY RECORDED: APRIL 1, 1988, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 88-10288 . MODIFICATION AGREEMENT THEREUNDER_', BORROWER: ROSEBURG RESOURCES CO. LENDER: THE TRAVELERS INSURANCE COMPANY RECORDED: JULY 7, 1988, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 88-21946. MODIFICATION AGREEMENT THEREUNDER BORROWER: DIAMOND.LANDS CORPORATION LENDER: THE TRAVELERS INSURANCE COMPANY RECORDED: NOVEMBER 20 , 1989 , UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 89-46308. 11. ANY RIGHT, TITLE OR INTEREST OF DILLARD LUMBER COMPANY, AN OREGON CORPORATION, ROSEBURG RESOURCES CO. , AN OREGON CORPORATION AND ROSEBURG FOREST PRODUCTS CO.., AN OREGON CORPORATION, . AS DISCLOSED BY THEIR JOINDER IN THE EXECUTION OF THE DEED OF TRUST, SHOWN IN ITEM NO. 10, ABOVE. 12 . A FINANCING STATEMENT DEBTOR: DIAMOND LANDS CORPORATION, A DELAWARE CORPORATION SECURED PARTY: THE TRAVELERS INSURANCE COMPANY RECORDED: JUNE 6, 1989, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 89-20561. U.C. C. NO. : 328. CONTINUED PAGE 5 ORDER NO. BU-129111 RB 13 . THE HEREIN DESCRIBED PROPERTY LIES WITHIN THE BOUNDS OF THAT CERTAIN RECORD OF SURVEY RECORDED: MARCH 30, 1990, IN BOOK 120, OF MAPS, AT PAGE(S) 6, BUTTE COUNTY RECORDS. TAX NOTE: GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 1991- 92, 1ST INSTALLMENT: $165. 68, PAID. 2ND INSTALLMENT: $165.68, PAID. EXEMPTION: . $-o- ASSESSED: . SEPARATELY AP# 060-070-020-000 CODE AREA 093-006 PURCHASER: NONE LW:LJH AUGUST 7, 1992 PAGE 6 NNW ORDER NO. BU-129111 RB DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, DESCRIBED AS FOLLOWS: PARCEL I: THAT PORTION OF SECTION 28, TOWNSHIP 26 NORTH, RANGE 4 EAST, M.D.B. & M. , MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 22 CHAINS EAST OF THE NORTHWEST CORNER OF SAID SECTION 28, AND CONTINUING EAST TO THE COUNTY ROAD AT 26 CHAINS AND ALONG AN OLD FENCE LINE BETWEEN SECTIONS 28 AND 21, SAID TOWNSHIP AND RANGE, TO 51 CHAINS FROM AFORESAID CORNER; THENCE 'SOUTH 20 CHAINS TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE WEST 11 CHAINS TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF. SAID SECTION 28 ; THENCE SOUTH 10 CHAINS ALONG THE EAST LINE OF NORTHWEST QUARTER OF SAID SECTION 28; THENCE WEST 3 CHAINS; THENCE NORTH 50 DEG. WEST 19 CHAINS TO A POINT IN THE CENTER OF THE COUNTY ROAD ABOUT 1 CHAIN SOUTH OF THE INTERSECTION OF MALLOY CREEK AND SAID COUNTY ROAD; THENCE NORTH 18 CHAINS TO THE POINT OF BEGINNING. PARCEL II: SECTION 28, TOWNSHIP 26 NORTH, RANGE 4 EAST, M.D. B. & M. EXCEPTING THEREFROM THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER. ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL: BEGINNING AT A POINT 1452 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 28 AND CONTINUING EAST TO THE COUNTY ROAD 1716 FEET AND ALONG AN OLD FENCE LINE BETWEEN SECTIONS 28 AND 21, SAID TOWNSHIP AND RANGE, 3366 FEET FROM AFORESAID CORNER; THENCE SOUTH 1320 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28 ; THENCE WEST 726 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE SOUTH 660 FEET ALONG THE EAST LINE OF NORTHWEST QUARTER OF SAID SECTION 28 ; THENCE WEST 198 FEET; THENCE NORTH 50 DEG. WEST, 1254 FEET TO A POINT IN THE CENTER OF THE COUNTY ROAD ABOUT 66 FEET SOUTH OF THE INTERSECTION OF MALLOY CREEK AND SAID COUNTY ROAD; THENCE NORTH 1188 FEET TO THE POINT OF BEGINNING. SAID LINE ENCLOSING PORTIONS OF THE NORTHWEST QUARTER OF NORTHEAST QUARTER, NORTHEAST QUARTER OF NORTHWEST QUARTER, SOUTHEAST QUARTER OF NORTHWEST QUARTER OF SECTION 28 . PAGE 7 SECTION 12413.1 OF THE CALIFORNIA INSURANCE CODE, EFFECTIVE JANUARY :1, 1990, REQUIRES THAT ANY TITLE IN- SURANCE COMPANY, UNDERWRITTEN TITLE COMPANY, OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN .AN ESCROW OR SUB-ESCROW CAPACITY, WAIT A SPECIFIED NUMBER OF DAYS AFTER DEPOSITING FUNDS, BEFORE RE- CORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS. THIS STATUTE ALLOWS FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT. IN THE CASE OF CASH- IER'S CHECKS OR CERTIFIED CHECKS, FUNDS MAY BE DISBURSED THE NEXT DAY AFTER DEPOSIT. IN ORDER TO AVOID UNNECESSARY DELAYS OF THREE TO SEVEN-DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CASHIER'S CHECKS, OR CERTIFIED CHECKS WHENEVER POSSIBLE. IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW, PLEASE CONTACT YOUR LOCAL FIRST AMERICAN OFFICE FOR MORE DETAILS. QST AMEBIC q Form No. 1(M-F E NOTIC In accordance with Sections 18805 and 26131 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be, sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of-10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury,certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the sellers principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty-for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise 'lax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion concerning; the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. Foma No.4001 (3,92) 1 1 Q cia o t W O O o N a � i \ d>,tu s►yi uodn ajunge! l Kr' c A';:ul tP'14 ` YZ el.UE?p Jo Sift i?6911i?1; 1, 1!ga4 M , �w,e s! �,ij t 3 „ p )..�: ;3.:J Om P rIiVA O J ' N ik •JBCI. ' 13J.iE�:d �:?S� �'�)j�?:Ij6:)Ul jl;Jdtid�) tV � i Vt. LiTd := oUc N jail 0 ?i iR J01 PlO 1 0,,00 JOL, 61,!'fou oap ()A Pue! a41 P Aen,ns ay jou Aeu.,Jo Abw dew si(.0. o i N , Q tl R � 1- O b \ r � / ry� / � r 1 /1 \- O j z l , 1 I � m , a j � � 1 H "\P A I Any law.ordinance,nr govruunrntal rrqul,dmn(r11(aw1111.111111 nnf lundrd In budding and nuunq ortlmanr(s)rrslnclmg or requlaling or prohibiting Ihr.occupancy,rise or enjoyment of the land.a regulating lht charauv. dimensions or localion of any nrrprownwill flow of herrallor crrctrd nn Ihr hurl,or pmtrbrting a sel><uation in ownership or a reduction in the dimensions or area of The land.or the ellect of any violation of any such law ordinance or govemmrnlal rrgutation. 2. Rights at eminent domain or govvnunrntal rights of police pows unless nuticr.of the exercise of such rights appears in the public records at Dale,of Policy. 3. Defects,liens,encumbrances,adverse claims,nr often nrauers(a)created,suffered.assumed or agreed to by the insured claimant.(b)not known to Iho Company and not shower by the public records but known to the insured claimant either at Date of Policy or at the dale such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder:(c)resulting in no loss or damage to the insured claimant:(d)attaching or created subsequent to Dale of Policy(except to the extent insurance is afforded herein as to any statutory lien tot labor or material or to the extent insurance is afforded herein as 10 assessments for street improvements under construction or completed at Dale of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable"doing business'laws of the slate in which the land is situated. 5. 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. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 (AMENDED 4-6-90) WITH REGIONAL EXCEPTIONS When the American land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy.the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two lollowing: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority Ilial levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines.shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,lot services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1990 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 regutation'(including but not limited to building and toning 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 improvement now or herealler 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 ellect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof of 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 Dale 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 at encumbrance resulting tram a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy. Z. 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 Dale 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[be insured claimant; (d) attaching or created subsequent to Dale of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or 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 Dale 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 thereol,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 at the indebtedness secured by the insured mortgage which at Dale of Policy the insured las 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. 7.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1990 WITH REGIONAL EXCEPTIONS When the American land Title Associalion policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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 lazing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereat, 3. Easements,claims o1 easement at encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area.encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereat;water rights,claims or title to water. 6. Any lien,or right to a lien,tar services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S 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,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,ordinates,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 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 Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereat or a notice of a detect,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 nor excluding from coverage any taking which has occurred prior to Date of Policy which would be binding an the rights at 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 tot the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting 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. 9. AMERICAN LAND TITLE ASSOCIATION OWNER POLICY - 1990 WITH REGIONAL EXCEPTIONS When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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 One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on teal property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Arty lien,or right to a lien,tot services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 10.AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987 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: • land use • land division • improvements on the land • 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(and without knowing 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 Date-unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien 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 Clem 3 of Schedule A.or • in streets,alleys,or waterwdy''m61 IouLleyour land Qw: ,rin;inn dnr•;nul limit tllr.:Ircw.s rnvecole e'Ib!ni'1 ut covewd fills ' COUNTY OF BUTTE Oroville, California GENERAL CLAIM CLAIMANT: Garland Hart ADDRESS: P.O. Box 3320 CITY & STATE: Chico, CA 95927 i DATE OF CLAIM: August 1, 1996 j IMPORTANT.- SEE INSTRUCTIONS SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES ON REVERSE SIDE I DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT 8-1-96 Rezone, File No.96.04-REFUND $589. 15 i General Plan Amendment, File No.96-03-REFUND $740. I i i I 1 4il'l TOTAL $1,330. I,the undersigned,declare under penalty of perjury that the services or articles claimed have been performed or delivered,and that this claim is true and correct as stated. La !7% Dated this day of (QUO 19V-2 ,at Calif. /J dr_ ignature of Claimant i' I,the undersigned, hereby certify that,to the best of my knowledge,the services or articles specified above have been performed or delivered and that there is a Budget Appropriation PN or Specific Board Approval [ ] (Check one)for the same. Dated this 6 TM day of aid--s . , 19_TC ,at O 0---1 t_(4 Calif. partment'He id or Authorized Deputy �I Dept. Code 480-001 Exp. Code 4210900 PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS UNE-AUD(TOR'S USE ONLY DEPT. &SUB. PROJ. SUB.OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT. I Ii r I Date 08/06/96 Revelopment Services Departent Time 8:54 am Applicant Billing Worksheet Page 1 i GPA 96-03 * : Garland Hart Rounding None Full Precision No Last bill / / Last aging Last charge 07/11/96 Last payment / / Amount $0.00 Date/SlippA Description HOURS/RATE AMOUNT TOTAL 10/23/95 Luke / P 3.00 177.00 #7050 Processing 59.00 11/06/95 Linda / C 2.50 85.00 #7081 Clerical 34.00 12/04/95 Luke / P 2.00 118.00 7266 Processing g 59.00 12/18/95/ /95 Luke / P 2.00 118.00 17426 Processing 59.00 12/18/95 Linda / C 2.50 85.00 #7449 Clerical 34.00 01/01/96 Luke / P 1.00 59.00 #7564 Processing 59.00 01/15/96 Luke / P 1.00 59.00 #7631 Processing 59.00 01/29/96 Craig / P 1.25 73.75 #7731 Processing 59.00 02/26/96 Lynn / P 0.50 22.50 #7962 Processing 45.00 03/11/96 Larry / P 0.50 29.50 #8108 Processing 59.00 03/11/96 Lynn / C 0.50 22.50 #8145 Clerical 45.00 03/25/96 Lynn / C 0.50 22.50 #8245 Clerical 45.00 03/25/96 Linda / C 0.25 8.50 #8310 Clerical 34.00 Date 08/06/96 'Revelopment Services Departent Time 8:54 am Applicant Billing Worksheet Page 2 GPA 96-03 * :Garland Hart (continued) Date/Slip# Description HOURSIRATE AMOUNT TOTAL 04/08/96 Lynn / C 0.50 22.50 #8353 Clerical 45.00 04/08/96 Luke / P 1.50 88.50 #8402 Processing 59.00 04/08/96 Craig / P 0.50 29.50 #8460 Processing 59.00 05/06/96 Lynn / C 1.00 45.00 #8653 Clerical 45.00 06/03/96 Lynn / C 1.00 45.00 #8898 Clerical 45.00 06/03/96 Larry / P 1.50 88.50 #8927 Processing 59.00 07/01/96 Lynn / C 0.25 11.25 #9228 Clerical 45.00 07/01/96 Linda / C 1.00 34.00 #9246 Clerical 34.00 TOTAL BILLABLE TIME CHARGES 24. 75 $1,244.50 Date/S1iU# Description OTY/PRICE 03/11/96 Linda / $C 1 14.55 #8061 Publish Legal Notice in Chico 14.55 Enterprise Record TOTAL BILLABLE COSTS $14.55 TOTAL NEW CHARGES $1,259.05 Date 08/06/96 'Revelopment Services Department Time 8:54 am Applicant Billing Worksheet Page 3 GPA 96-03 * :Garland Hart (continued) PAYMENTSfREFUNDS/CREDITS , 11/06/95 Deposit - Receipt #15108 (2,000.00) 08/06/96 Refund/Claim Form to Auditor 740.95 TOTAL PAYMENTS/REFUNDS/CREDITS ($1,259.05) NEW BALANCE TOTAL NEW BALANCE $0.00 I� I 4 COUNTY-OF MTTE OROVILLEr'CAI_ NirORA_. - PURCH&E ORDER' V, Chico Enterprise Record E Attn: Etl<sinsss office-Dims N, Issued e p P. 0: Box'9'. y- i=sX; Clerk of•the Boa - _ O Chico, CA : 95927 r R,,+ Developxent_Services/Planning DATE .C]UAfJ:' <'_ [NVOICE`NO+ AND DESCRIPTION .`, AMOUNT CHARGE W.O. it 6/26/96` Ordineiace bio t`327Tv- rezone 8uasel/Sinton 480001.537 Ordinance Hd.'i3278 resone Hart- ' Please• pnblisli'each ordiaaaee once- in 8-pt type on Friday; jUse-.U, 1996;. sending,two copies of your af f Idavit. o 1 publication and tWo copies of your statetaent of charges to the Board of Supervisors �+ 25 County Ceriter- Drive, Oroville, CA • 95965 y j` -a .• - -- - Dorothy Ball; -- 538-7633 TOTAL I,Attie.undersignedi,hereby•certi,fy that,-lolhe hest of my knowledge; the services or articles:. r specified above have beep porformed or dellver6d-or; where authorized;.are hereby contracted! °. for and that there Is a.Budgot Appropriations for they same y r Dated; QQ ��' aportmsnt Haad.w A�thorisad Diputy: '' . • 'VO'l Dept.'& .,Projeot� i:x,Sub ;bbji Invoice No'= Anvolce Date ". ,Encumbrance• . Gross Ainoupt�, Discount ^•r'#..6ti l ie'i '^'�.liTx'4�t; ''�4i•'�• 1 h 1 .i .� q �. ' . M.11h':n' , Submit WHITE, CANARY odd PINK to PURCHASING with'vondor's involm Rotain GOLDENROD., . STATE iNT • ENTERPRISE PUBLISHING COMPANY THE CHICO ENTERPRISE-RECORD 400 EAST PARK AVE.(P.O. BOX 9) • CHICO, CA 95927-0009 • (916)891-1234 BOARD OF SUPERVISORS 25 County Center Drive LOroville Ca. 95965 16230 PLEASE RETURN THIS STUB WITH YOUR CHECK DATE INCHES INCHES OR OR LINES TO DATE LINES CLASSIFIED DISPLAY CREDITS OLD BALANCE BALANCE 1996 BALANCE FORWARD P Ord . No . 3278 C17 077 7/05 . 14" 7 . 20/in . 100 . 80 TOTAL $100 . 80 13-25 PAY LAST THE CHICO ENTERPRISE - RECORD AMOUNT IN MEMBER A.B.C. THIS COLUMN :c tt,l'ACE 1701: FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In the Matter of Ordinance No . 3278 . .................................................................................... No................................................................. .................................................................................... ORDINANCE NO.3278 .................................................. • AN ORDINANCE ZONING A PORTION - OF THE COUNTY OF BUTTE,STATE OF CALIFORNIA,AN AFFIDAVIT OF PUBLICATION TM-20(TIMBER MOUNTAIN) DISTRICT,PURSUANT TO SECTION 24-29. ,. The Board of Supervisors of the County' State Of California of Butte, State of California, under and. ss. pursuant to Section 24-29 of the Butte County of Butte -County Code of said County, ORDAINS, :as follows: The undersigned resident of the county of ;.SECTION 1. The hereinafter described $n area situate in the County of Butte, State , Butte,State of California,says: of California, shall be and it is hereby i zoned as an TM-20 (Timber Mountain -, 20 acre parcels) District, and such area! That I am,and at all time herein mentioned shall be subject to the restrictions and re- was a citizen of the United States and nota party Butt ed uses and regulations pursuant to P tY Butte County Code Section 24-190.10. to nor interested in the above entitled matter; Said area so zoned being located in the unincorporated area of Butte County, that I am the principal clerk of the printer and Butte Meadows, more particularly descri- bed as follows: publisher Of All that certain real property situate 11 the County of Butte, State of California; The Chico Enterprise-Record low 9 more particularly described as fol' A portion of Section 28, T26N, R4E' That said newspaper is one of general circula- MDBB M, more particularly described as follows: ! tion as defined by Section 6000 Government Beginning at the NW corner of Section 28; thence following along the northerly . Code of the State of California,Case No.26796 boundary of said Section 28, S 89° 45' , b the Superior Court of the State of California, 41" E for 3,265.97 ft. to the NE com&of y p that certain parcel of land as shown on". in and for the County of Butte;that said newspa- the Record of Survey for Garland Hart, per at all times herein mentioned was printed filed with the Recorder of Butte CountyCalifornia, on November 13,_1992, in- and published daily in the City of Chico and '130ok 127 of Maps, at Page 66; thence ' County of Butte; that the notice of which the leaving said northerly boundary of said Section 28 and following along the east-.; annexed is a true printed copy, was published in erly boundary of said Hart parcel as shown on said Record of Survey, S 01°. said newspaper on the following days: 15'36"E for 1,315.57 ft.to a point on the southerly boundary of the N 1/2 of the NE 1/4 of said Section 28 as shown on July 5 , 1996 . said Record of Survey; thence following along said southerly boundary, S 890 53' 45" W for 625.98 ft. to the SW corner of said N 1/2 of the NE 1/4 of said Section 28, as shown on said Record of Survey,,:: I certify(or declare),under penalty of and the true point of beginning for the'J, perjury,that the foregoing is true and correct,at herein described parcel of land; thence'�x from said true point of beginning follow- . Chico,California. ing along the easterly boundary of the - NW 1/4 of said Section 28, S 0° 25'41", W for 659.44 ft.as shown on said Record Of Survey; thence leaving said westerly July 5 1996 . boundary line, W for 198.00 ft. as shown Dated .................. ......................... on said Record of Survey; thence N 700 PER\�i�OR� 26' 57" W for 1122.04 ft. as shown on at Chico,California. said Record of Survey; thence N 18°00' 55" W for 208.09 ft. as shown on said Record of Survey; thence N 40° 56' 20" 1996 � � 1..... .. .............. W for 35.22 ft.to a point in the centerline .. .... .... (Signatar ) of Humboldt Road as shown on said Re--- Of Survey,said point also being on a ai non-tangent 340 foot radius curve con- cave northwesterly from which a line to the radius bears N 40°56'20"W;thence following northerly along the arc of said curve for a length of 58.73 ft.. through a anCIL-teaurim��crfollows: tion as defined by Section 6000 Government Beginning at the NW corner of Section 28; thence fo wing along the northerly Code of the State of California, e No.26796 boundary of Section 28, S 89° 45' ' by the Superior Court of the StJWf California, ;41"E for 3,2 ft. to the NE corner of. ;that certain parcel of land as shown on in and for the County of Butte;that said newspa- the Record of Survey for Garland Hart, . per at all times herein mentioned was printed filed with the Recorder Butte County, California,-on Novembea r 13, 1992, in and published daily in the City of Chico and 'Book 127 of Maps, at Page 66; thence County of Butte;that the notice of which the leaving said northerly boundary of said Section 28 and following along the east- annexed is a true printed copy, was published in erly boundary of said Hart parcel as shown on said Record of Survey, S 010 said newspaper on the following days: 15'36"E for 1,315.57 ft.to a point on the southerly boundary of the N 1/2 of the NE 1/4 of said Section 28 as shown on July 5 , 1996 . said Record of Survey; thence following along said southerly boundary, S 89° 53' 45"W for 625.98 ft.to the SW corner of ;said N 1/2 of the NE 1/4 of said Section I certify(or declare),under malt of '28, as shown on said Record of Survey, penalty land the true point of beginning for the perjury,that the foregoing is true and correct,at herein described parcel of land; thence from said true point of beginning follow- Chico,California. ing along the easterly boundary of the NW 1/4 of said Section 28, S 00 25' 41' W for 659.44 ft.as shown on said Record of Survey; thence leaving said westerly July 5 , 1996 . Ian said Record of Survey;W for 00he ce N 70° ft. as shown Dated............ .................................................. ' �• 26' 57" W for 1122.04 f. as shown on ,PER�iSOR:, at Chico,California. said Record of Survey; thence N 18°00' 55" W.for 208.09 ft. as shown on said 1 -Record.of Survey; thence N 40° 56' 20" 1996 LA `� .......... .. . ..... W for 35.22 ft.to a point in the centerline (Signat ) �of Humboldt Road as shown on said Re- cord of Survey,said point also being on a U-1 150RUA :non-tangent 340 foot radius curve con- cave northwesterly from which a line to `the radius bears N.40°56'20"W;thence 'following northerly along the arc of said `6urve for a length of 58.73 ft., through a central angle of 9° 53'46';thence N 39° 09'54" E for 73.58 ft,to the beginning of §,tangent 171.72 foot radius curve, con- cave northwesterly; thence following northerly along the arc of said curve for a length of 86.41 ft., through a central an- gle of 28°49'55";thence along said cen- terline, N 10° 19' 59" E for 54.47 ft.; thence leaving said Humboldt Road cen- terline and following along the centerline of Malloy Creek, N 710 23' 08" E for 126.14 ft.; thence continuing along said creek S 77°37'39"E for 41.95 ft.;thence leaving said creek centerline, N 33° 36' 3 E for 24.90 ft.;thence S 89° 1714"E. pr1,042.19 ft.to a point on said easterly iIoundary line of said NW 1/4 of said .Section 28; thence following along said easterly boundary line,S 0°25'41"W for 1210.00.ft. to the point of beginning and 'the end of said description. SECTION 2. This Ordinance shall be -and it is hereby declared to be in full force and effect from and after thirty(30) .-!da s after the date of its passage, and y before the expiration of fifteen (15) days after its passage,this Ordinance shall be publishedonce with the names of the members 0f the Board of Supervisors voting for and against it in the Chico En- terprise-Record, a newspaper published in. the County of Butte, State of California. `'bf S PASSED AND ADOPTED by the Board upervisors of the County of Butte, '.'State of California, on the 25th day of June, 1996,by the following vote: AYES: Supervisors Dolan, Houx, Thomas and Vice Chair Meyer Z NOES:None s''ABSENT:Chair McLaughlin NOT VOTING:None By:VIVIAN MEYER,Vice Chair ` .ED McLAUGHLIN, Chairman, Butte 7 County Board of Supervisors '.ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the j Board . 4 By:CAROL ROACH C179077 ''.:;PUBLISH:July 5, 1996 NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. JUL - 8 19°0 1400 Tenth Street _ RK Sacramento, CA 95814 r�uaL,BUT$ TE�o.��EPU CAN CE �tPL�TY X Butte County Clerk FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: General Plan Amendment and Rezone, GPA 96-03 &RZ 96-04 AP Number: 060-070-027 Applicant: Garland Hart State Clearinghouse Number(If submitted to clearinghouse): Contact Person: Steve Lucas Telephone Number: 538-7601 Project Location: Located on the east side of Humbolt Road directly north of Butte County Fire Station#10, in the Butte Meadow area. Project Description: To amend the Butte County General Plan designation from Timber Mountain to Agricultural- Residential and change the zoning designation from TM-40 to TM-20. This is to advise that the Butte County Board of Supervisors has approved the above-described project on MOW and has made the following determinations regarding the above-described project: 1. The project will,_X_will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures_X_were, were not, made a condition of the approval of the project. 4. A statement of overriding considerations was,_X_was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Planning Department 7 County Center Drive Oroville, CA 95965 illi Farrel,AICP elopment Service Director Revised Mitigation Measures for Hart GPA(96-03)and REZ(96-04). MITIGATION#1: Establish 100 year floodplain elevations. Lowest floor elevations for any structures shall be one foot above 100 year floodplain contour. Show on the additional map sheet the elevations (by contours) and the location of an accepted NVGD benchmark, place a temporary benchmark on-site and identify the 100 year floodplain on the additional map sheet. MITIGATION#2: Show on the additional map sheet a 100 ft. No Development Setback along the north bank of Mallory Creek,the unnamed tributary creek located on parcel 1, and the wet meadow on parcel 2. Also show on the additional map sheet a 50 ft. No Development Setback along the south bank of Mallory Creek. MITIGATION#3: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;"The owner of the property must comply with all zoning requirements consistent with a Timber Mountain Zone. The No Development Setback shall be measured from the top of bank or the outer edge of riparian/wetland vegetation along both creeks and the wet meadow, whichever is greater. Any alterations to these conditions shall be approved by the Department of Fish & Game and the Planning Division" MITIGATION#4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "Construction, installation or development of structures or facilities on the parcel/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits." MITIGATION#5: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;'The use of Parcel Two (2) shall be limited to agricultural uses. The limitations on Parcel One(1)shall be consistent with Timber Mountain zoning and all other regulations, including,but not limited to,the Butte County Building Code and the Department of Fish & Game and the Planning Division. MITIGATION#6: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "During site development, should any archeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified, professional archeologist has examined the artifacts and the site and submitted findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division." J CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title/Butte County Location: Garland Hart, GPA 96-03, RZ 96-04, located on the east side of Humbolt Road directly north of Butte County Fire Station# 10, in the Butte Meadow area. Project Description: To amend the Butte County General Plan designation from Timber Mountain to Agricultural-Residential and change the zoning designation from TM-40 to TM-20. Findings of Exemption (attach as necessary): 1. The county of Butte has conducted an initial study and.prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: Wi11i arrel, A. .C.P. Dire r of Development Services Lead Agency: County of Butte Date: • DECLARATION OF FEES DUI (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Garland Hart P.O.Box 3320 Chico, CA 95927 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION ( ) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee ( X) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. ( X ) PAYMENT: The above fees have been paid. See attached receipt(s). 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: William Farrel Title: Development Service Director Lead Agency: Butte County Planning Division Date: July 02, 1996 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONNIENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUNfENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. Revised Mitigation Measures for Hart GPA(96-03)and REZ(96-04). MITIGATION#1: Establish 100 year floodplain elevations. Lowest floor elevations for any structures shall be one foot above 100 year floodplain contour. Show on the additional map sheet the elevations(by contours) and the location of an accepted NVGD benchmark, place a temporary benchmark on-site and identify the 100 year floodplain on the additional map sheet. MITIGATION#2: Show on the additional map sheet a 100 ft. No Development Setback along the north bank of Mallory Creek,the unnamed tributary creek located on parcel 1, and the wet meadow on parcel 2. Also show on the additional map sheet a 50 ft. No Development Setback along the south bank of Mallory Creek. MITIGATION#3: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;'The owner of the property must comply with all zoning requirements consistent with a Timber Mountain Zone. The No Development Setback shall be measured from the top of bank or the outer edge of riparian/wetland vegetation along both creeks and the wet meadow, whichever is greater. Any alterations to these conditions shall be approved by the Department of Fish &Game and the Planning Division" MITIGATION#4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "Construction, installation or development of structures or facilities on the parcel/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits." MITIGATION#5: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;"The use of Parcel Two (2) shall be limited to agricultural uses. The limitations on Parcel One(1)shall be consistent with Timber Mountain zoning and all other regulations, including,but not limited to,the Butte County Building Code and the Department of Fish &Game and the Planning Division. MITIGATION#6: - - Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "During site development, should any archeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified, professional archeologist has examined the artifacts and the site and submitted findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division." RJR_ r r i ll acoaft DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (9161 538-7601 FAX: (916)538-7785 June 25, 1996 Garland Hart P.O. Box 3320 Chico, CA 95927 Re: General Plan Amendment 96-03 and Rezone 96-04 Dear Mr. Garland: At the regular meeting of the Butte County Board of Supervisors held June 25; 1996, Resolution No. 96-74 was adopted approving the General Plan Amendment from Timber *Mountain to agricultural Residential and Ordinance No. 3278 was adopted which rezones from TM-40 to TM_ 20 that property located on the east side of Humboldt Road, identified as AP 060-070-027, Butte Meadows. For purposes of the California Environmental Quality Act a Notice of Determination must be filed. The fee for a De Minimus Negative Declaration is the $25.00 documentary handling fee. A check made payable to the Butte County Treasurer in the amount of $25.00.should be submitted to the Planning Division by July 1 , 1996. Should you have any questions regarding this matter, please contact the Planning Division at (916) 538-7601, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very truly yours, W II' m Farrel D velopment Services Director WF:lr cc: Clerk of the Board L & L Surveying OATE RECEIPT TOTAL 'PUBLIC LAFCO USE VgRIArvC ES PUBLIC ZONING ENV OTHER •APPLICANT RECEIVED FROM' NO. WE WORKS PERMITS DOCUMENTS MEALTK RECEIPT 15505 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY .-/ �f_ l � �. zS..-:.' '...':,' — ';:(•':;>.r..:..: .,.;(,. RECEIVED FROM r /6.' ✓✓✓VVV PV BLIC PLICANT env DTNeR AP USE VARIANCES • 20NiN0 HEALTH R ECILIPT TOTAL I PUOLIC LAFCO DOCVMeNTS OATH WORKS PERMITS NO, RECEIViD ECEIPT15505 � • .. a. ., R _. - -.. , OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY GARLAND HART JEANIE HART 1842 PO BOX 3320 (916) 894-0363 CHICO, CA 95927 / (� �1 11-3511210 19 / PAY TO THE 11• CSC L (iY T�/� J , ORDER OF D O L L A R S c MBank of America (916) 999-2120 Chico Main Branch 0006 400 Broadway Chico.SCA 95928 �� / MEMOLI[ !',/A Tl-f0 0-OC I AY/J T/O1-y 1: 12 1000 3 581: 1134 2 -000 P. 7,-104 3 7 211' Resolution No. 96-74 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE APPROVING THE ADOPTION OF A GENERAL PLAN AMENDMENT FROM OPEN AND GRAZING LAND AND TIMBER MOUNTAIN TO AGRICULTURAL RESIDENTIAL . WHEREAS, private individuals, Anne Russell and Don Hinton have petitioned the Butte County Planning Commission and Board of Supervisors, through an appropriate application, to amend the Butte County General Plan Land Use Element, for a change from Open and Grazing Land to Agricultural Residential, for that property identified on Exhibit A-1 attached hereto; and WHEREAS, a private individual, Garland Hart has petitioned the Butte County Planning Commission and Board of Supervisors, through an appropriate application, to amend the Butte County General Plan Land Use Element, for a change from Timber Mountain to Agricultural Residential, for that property identified on Exhibit B-1 attached hereto; and WHEREAS, a private individual, Dan Pickard has petitioned the Butte County Planning Commission and Board of Supervisors, through an appropriate application, to amend the Butte County General Plan Land Use Element, for a change from Open and Grazing Land to Agricultural Residential, for that property identified on Exhibit C-1 attached hereto; and WHEREAS, the proposed General Plan Amendments have been studied and reviewed by the Butte County Planning Commission and a public hearing held pursuant to law, at which time all interested persons were heard; and WHEREAS, the Butte County Board' of Supervisors has reviewed and considered the contents of the Environmental Checklist (Exhibit A-2, B-2, and C-2) prepared on the amendments pursuant to the California Environmental Quality Act; and WHEREAS, the Butte County Board of Supervisors has held hearings on the General Plan Amendments at which all interested parties were heard; and WHEREAS, the Butte County Board of Supervisors finds the proposed amendment complies with all elements of the Butte County General Plan and comprises an overall internally consistent whole, specifically: 1. The amendment complies with the policies of the Butte County General Plan. 2. The amendments provide for compatible development with existing land uses. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The General Plan Amendments to Agricultural Residential as shown on the attached Exhibits A-1, B-1, and C-1 are hereby incorporated by reference. 2. The General Plan Amendments are hereby adopted and by the Board of Supervisors of the County of Butte as amendments to the Butte County General Plan Land Use Element, said Amendments to be the land use policy for the County of Butte in the affected area for all findings pursuant to law. BE IT FURTHER RESOLVED, that pursuant to Government Code Section 65359 that the General Plan be endorsed to show that the above amendments have been approved by this Board. PASSED AND ADOPTED by the Butte County Board of Supervisors on this 25th day of June , 1996, by the following vote: AYES: supervisors Dolan, Houx, Thomas and Vice Chair Meyer NOES: None ABSENT: Chair McLaughlin NOT VOTING: None Vice Chair ED MCLAU HLI , CH AN Butte County Board of upervisors ATTEST: John S. Blacklock, Chief Administrative Officer and Clerk of the oard By: i Revised Mitigation Measures for Hart GPA(96-03) and REZ(96-04). MITIGATION#1: Establish 100 year floodplain elevations. Lowest floor elevations for any structures shall be one foot above 100 year floodplain contour. Show on the additional map sheet the elevations (by contours) and the location of an accepted NVGD benchmark, place a temporary benchmark on-site and identify the 100 year floodplain on the additional map sheet. MITIGATION#2: Show on the additional map sheet a 100 ft. No Development Setback along the north bank of Mallory Creek, the unnamed tributary creek located on parcel 1, and the wet meadow on parcel 2. Also show on the additional map sheet a 50 ft. No Development Setback along the south bank of Mallory Creek. MITIGATION#3: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "The owner of the property must comply with all zoning requirements consistent with a Timber Mountain Zone. The No Development Setback shall be measured from the top of bank or the outer edge of riparian/wetland vegetation along both creeks and the wet meadow, whichever is greater. Any alterations to these conditions shall be approved by the Department of Fish & Game and the Planning Division" MITIGATION#4: This mitigation measure is removed. Plaee a note on a separate document which is to be recorded coneurfently with the map or on an additional map sheet stating that; "Fire prinkler systerns s -1 V� ift.M.-II.-d in all nelvv residential structures in ae anee with tl�� National Fire Proteetaon Association Standard for th 0 nstallation of sprinkler systernsin one and two family dwellings and mobile homes, NFPA Stan 131) unless a pressufi?ed community water system with hydrants serves the pare MITIGATION#5: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "Construction, installation or development of structures or facilities on the parcel/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits." MITIGATION#6: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;"The use of Parcel Two(2)shall be limited to agricultural uses. The limitations on Parcel One (1) shall be consistent with Timber Mountain zoning and all other regulations, including, but not limited to, the Butte County Building Code and the Department of Fish &Game and the Planning Division. MITIGATION #7: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "During site development, should any archeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified, professional archeologist has examined the artifacts and the site and submitted findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division." I TM:. : �.. 2111,117118 -- a �y i2 ,i 2 Y` R; :S C .r;. .Sl tl +4i l - x�f� JJ - k=� - )4 S.S• S� iSub ��e e�'.• , ..ro"I P ..f: c�., J.S•:: nA.� s .t hJ. .,h.v •+t.4 Area to be Rezoned from TM-40 torTM 20 with General Plan Amendment from : Timber. Mountain to Agricyltural Residential, _ EXHIBIT , BUTTE COUNTY BOARD of SUPERVISORS Applicant: Garland Hart Owner: Same Hearing Date: June 25, 1996 @ 9:00 am. Existing Zane: TM-40(Timber Mountain,40 acre min.) N Request: General Plan Amendment from Timber Mountain to Agricultural Residential and No Scale Rezone from TM-40 to TM-20. Assessor Parcel No: Pta 060-070-027 File:GPA 96-03 EXHIBIT Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND A. Applicant and/or Project Name: Garland Hart-General Plan Amendment, Rezone and Tentative Parcel Map. B. Project No. (If applicable) and AP No.: GPA#96-03, REZ#96-04, TPM#96-07 on APN 060-070-027. C. Address of Applicant and Representative (if applicable): Garland Hart, POB 3320, Chico,CA 95927. L&L Surveying, POB 671, Paradise, CA 95967 D. Project Description and Location: The project to be reviewed consists of three parts: a General Plan Amendment to allow the conversion of proposed parcel one from Timber Mountain to Agricultural Residential; a Rezone to allow the conversion of proposed parcel one from TM-40 (Timber Mountain-40 acre minimum) to TM-20 (Timber Mountain-20 acre minimum); and a Tentative Parcel Map to create to two parcels of 20.62 acres(parcel 1) and 45.06 acres(parcel 2). The 66.69 acre parcel is located on the east side of Humbolt Road directly north of the Butte Meadows Volunteer Fire Station#11 and approximately one mile east of the intersection of Humbolt Road and Skyway. The parcel,at present is without any significant improvements other than a small agricultural structure,fencing and cattle pens. The parcel currently has the potential for one homesite that would most likely be located on the southern 1/3 of the property because the northern 2/3 is without any significant usable sewage disposal area due to a large wet meadow. The net result of this project will not increase the residential density on the property because the proposed parcel 2 will not be permitted to be developed leaving only one buildable parcel. The property is located in a rural mountainous setting in an area defined as Butte Meadows,a small community straddling Humbolt Road with approximately 175 seasonal cabins,a small number of permanent residents, a small store, two bars and a volunteer fire station. In 1991, a 29 lot subdivision was approved approximately 1000 feet west of the project site. The surrounding area is predominantly utilized for commercial timber harvesting and is owned by the Diamond International Corporation. The project area has been altered from its original natural condition by grazing activities, logging and other human occupation that resulted in the reduction of the number of plant and animal species that once occupied the project area. The project site is characterized by a large wet meadow on the northern 2/3 of the site and a mixed conifer-deciduous woodland with riparian habitat found along two creeks on the southern 1/3 of the site.The southern most year-round creek is identified as Mallory Creek,while the northern fork of this creek is seasonal and nameless.The site does provide wildlife habitat, including summer range for the East Tehama Deer Herd. The topography is relatively level with an average elevation of approximately 4400 feet. Additional project description and area description can be found in the data sheet at the end of this document. II. EVALUATION OF ENVIRONMENTAL IMPACTS 1. Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? Yes No X Maybe ■ Butte County Development Services Department jr Planning Division ■ 1 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 Response: The project as submitted has the possibility for only one residential structure and will not affect subsurface earth conditions because no significant earthmoving or use of explosives will occur and no active fault zones are located within the project area. Any fill placed on site for road or homesite construction will have to meet the requirements of Chapter 70 of the Uniform Building Code and will be compacted to accepted engineering standards and will not represent a hazard. Mitigation: None required. b. Disruptions,displacements, compaction or overcovering of the soil? Yes No X Maybe Response: The project as submitted may result in some disruption, compaction and overcovering of the site from the development of structures, driveways, and other improvements associated with one single family dwelling. However, because approximately 70'16 of the site will be undevelopable due to the large wet meadow and two creeks and parcel sizes are in excess of 20 acres without any significant slopes, any development that might occur is unlikely to create any significant disruption of the site. Home construction, driveways and accessory uses are estimated to cover only.01%of the site based on 8000 sq. ft of impervious surfacing.Any grading associated with residential construction will also be subject to the requirements of Chapter 70 of the Uniform Building Code. While the proposed Agricultural Residential General Plan designation does allow for the creation of smaller parcels, the proposed TM-20 zoning would not. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of addifional divisions on the site. Based on this information, the project will not result in significant soil impacts. Mitigation: None required. c. Substantial change in topography or ground surface relief features? Yes _No X Maybe Response: The project as submitted will not require substantial modifications to the existing topography to accommodate site development because the topography is nearly level, slopes on the site do not exceed 10'0, and no significant surface relief features are located on the site. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site. Mitigation: None required. d. The destruction, covering or modification of any unique geologic or physical features? Yes No X Maybe Response: The site has no unique geologic or physical features that will be impacted by the proposed land division. A wet meadow and two creeks are found on the site, but will not be impacted because mitigations found in Section 5d and 16d of this document will prohibit any development within 100 ft. of the creeks and prohibit development in the wet meadow area altogether. All future attempts to further divide the land will be subject to these same restrictions. Mitigation: None required. e. Any substantial increase in wind or water erosion of soils,either on or off-site? Yes No X Maybe Response: As discussed in items 1b,c, &d, the property is without any significant development potential due to the physical constraints found on the property and the large lot sizes. Because of these constraints, the limited amount of soils exposure and impervious surfacing(01%of the site)is not expected to generate an inordinate or substantial amount of runoff that would result in any significant erosion either on or off-site. Mitigation: None required. f. Changes in deposition or erosion of beach sands,or changes in siltation,deposition or erosion which may modify the channel of a river or stream or the bed of any lake? Yes No X Maybe ■ Butte County Development Services Department w Planning Division ■ 2 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 Response: The southern porton of the project site is crossed by two creeks. The proposed land division and anticipated residential development is not expected to impact the functionality of this drainage because of the large lot size(20 ac.) and the lack of any substantial slopes as discussed in items 1a-e above. Additionally, standard erosion control techniques will be utilized to further reduce the possibility of erosion to a level of insignificance and the project will be subject to conditions restricting any development within 100 feet of the creeks. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. g. Loss of prime agriculturally productive soils outside designated urban areas? Yes No X Maybe Response: This project site does not contain prime agricultural soils. Mitigation: None required. h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud-slides,ground failure, or similar hazards? Yes No X Maybe _ Response: The Butte County Seismic Safety Element does not indicate any faults in the area and the risk of ground rupture during a seismic event is remote. However, all of Butte County is in a Moderate Earthquake Intensity Zone Vlll and the potential for ground shaking is possible. Construction of buildings to Uniform Building Code standards will provide adequate protection to occupants in case of seismic activity. Mobile homes are required to be anchored to the foundation throughout California in accordance with Section 18613 of the Health and Safety Code. As discussed in items 1 a-f above,'the property is without any significant slopes that may result in earth related hazards. Mitigation: None required. 2.Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? Yes No X Maybe — Response: The project as proposed has the potential to result in only one residential homesite that will result in a cumulative impact on air quality created by the increased traffic generated and the use of wood burning devices. The California Air Resources Board has identified Butte County as a Non-attainment Area in meeting the standards of the Califomia Air Quality Act. The Butte County Air Pollution Control Plan does not address the air quality impacts of small developments for possible mitigation measures, but does recommend particulate control strategies be implemented during construction. Because of the remote location of this parcel and its likely use as a weekend recreation home or vacation home the anticipated traffic is insignificant and will not cause substantial air quality impacts. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. b. The creation of objectionable odors? Yes No X Maybe Response: The proposal will not create objectionable odors, smoke or fumes beyond what is customary and expected from residential uses utilizing woodburning heating devices. Mitigation: None required. c. Alteration of air movement, moisture,temperature, or any change in climate,whether locally or regionally? Yes No X Maybe ■ Butte County Development Services Department Ar Planning Division ■ 3 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 Response: The proposal will not affect the local or regional climate. Only large projects such as the construction of high rise buildings,the creation of large water bodies, massive defoliation, or introduction of large areas of vegetation where there were previously none, would have the climatic effects discussed in this question. Since this project has none of these characteristics it will not affect local or regional climates. Mitigation:. None required. 3.Water. Will the proposal result in: a. Substantial changes in currents,or the course or direction of water movements,in fresh waters? Yes No X Maybe Response: The project area is crossed by two creeks that flow into Butte Creek approximately 800 feet to the west of this site on the west side of Humbolt Road. The project will not significantly affect the the direction and movement of the creeks or create excessive run-off or redirect any drainage on site because as discussed in items la-f, the land is without any substantial slopes in the area of the creeks, the parcel is 20 acres in size, and impervious surfacing will be limited to improvements associated with the creation of one additional homesite which will result in only minor increases in run- off. Total lot coverage of impervious surfacing will amount to less than.01%of the parcel. These improvements will not significantly impact the water carrying ability of the creeks. Additionally, the project will be restricted from encroaching on the creeks by mitigations found in item 5d. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. b. Substantial changes in absorption rates,drainage patterns, or the rate and amount of surface runoff on-site or into any water body? Yes No X Maybe Response: See response in item 3a. Mitigation: None required. c. Need for off-site surface drainage improvements,including vegetation removal, channelization or culvert installation? Yes No X Maybe Response: See response in item 3a. Mitigation: None required. d. Alternations to the course or flow of flood waters? Yes No X Maybe Response: The southem 113 of the project site is crossed by two creeks that cause this area to be identified on the FEMA Flood Insurance Rate Map, Panel 00617-025B as being located in Flood Zone A. The proposed project will not substantially alter the course or flow of flood waters because of the large lot sizes (20+acres), the limited density of homesites that will be permitted and the restricted 100 foot setback from the creeks as identified in item 5d. The project as proposed for one homesite will not significantly impair the ability of these creeks to cant'flood waters because of the factors discussed here and in items 1 a-f and 3a. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. e. Discharge into surface waters,or in any alteration or surface water quality,including, but not limited to,temperature, dissolved oxygen or turbidity? Yes No X Maybe Response: The proposal for a residential use will neither discharge pollutants into surface creeks nor alter the quality of the water.As discussed in items 1 a-f and 3a,this project will not create significant erosion due to the large parcel sizes ■ Butte County Development Services Department Ar Planning Division ■ - 4 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 and the lack of slopes on-site. Stormwater contamination from the residential use of pesticides, herbicides, petroleum products, and other pollutants could result from development of the property. However, the use of these products in accordance with manufacturers guidelines on 20+acre lots is not expected to cause any significant impacts to the watershed. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. f. Alteration of the direction or rate of flow of ground waters? Yes No X Maybe Response: The proposed land use change, land division and anticipated residential development will not result in the cumulative reduction of ground water supplies in the immediate area because the project will only create the potential for one homesite that.will not withdraw substantial quantities of ground water. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. h. Change in the quantity of ground waters, either through direct additions or withdrawals,or through interception of an aquifer by cuts or excavations? Yes No X Maybe Response:See response in 3f. Mitigation: None required. I. Substantial reduction in the amount of water otherwise available for public water supplies? Yes No X Maybe Response: A substantial reduction in public water supplies will not occur as a result of project approval because there wil be only one additional homesite created and there is abundant ground water in the area. Mitigation: None required. j. Exposure of people or property to water related hazards such as flooding? Yes No X Maybe Response: As discussed in item 3d, the southern 113 of the project site is crossed by two creeks that cause this area to be identified on the FEMA Flood Insurance Rate Map, Panel 00617-0258 as being located in Flood Zone A. The proposed project will not substantially alter the course or flow of flood waters because of the large lot sizes(20+acres), the limited density of homesites that will be permitted and the restricted 100 foot setback from the creeks as identified in item 5d. However,because the southem portion of the property is potentially in a 100 year floodplain and this is the area most likely to be utilized for a homesite, a large flood event could expose both people and property to this hazard. Water level records are not available for these creeks, however, records are available for Butte Creek for a period between 1961 and 1976 from the United States Geographical Survey(USGS) which utilized a gauging. The USGS records indicate that during these years that Butte Creek had a maximum flow of 4,290 cls which is less than the Department of Public Works predicted 50 year flood event of 7,386 cfs. It is difficult to predict the exact water levels on this site,but it is reasonable to assume that flood water levels on the project creeks roughly parallel those numbers found along Butte Creek,or are less considering the disparity of elevations that means precipitation downstream may be rain while at this site it may fall as snow with little or no runoff. The series of storms in February-March of 1986 produced the highest stream flows or record throughout Butte County, but no substantial data exists for Butte Meadows. However, personal accounts of citizens familiar with the Butte Meadows area indicate that the 1986 storm did not significantly flood the project site. ■ Butte County Development Services Department a Planning Division ■ 5 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 To reduce this potential hazard to a level of insignificance the applicant will be required to establish 100 year floodplain elevations and the lowest floor elevations for any structures. This information will also be required to show these elevations on the parcel map. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. MITIGATION#1: Establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the additional map sheet the elevations (by contours)and the location of an accepted NVGD benchmark, place a temporary benchmark on-site and identify the 100 year floodplain on the additional map sheet. 4. Plant Life. Will the proposal result in: a. . Change in the divers of species,or number of an natives species of plants includin trees,shrubs,grass, crops 9 �Y P � Y P P C 9 9 Ps and aquatic plants)? Yes No X Maybe _ Response: The project site is characterized by a mixed coniferous forest on parcel 2 (approx. 9 ac.)and along the perimeter of parcel l (approx. 2 ac.), riparian vegetation along the creeks on parcel 1 (approx. 11 ac.), and a large wet meadow on parcel 2(approx. 44 ac.). Approximately 93%of the site will not be developed due to the environmental constraints posed by the riparian areas and the wet meadow. In the remaining 756 some clearing will take place to accommodate site development and non-native landscaping may be introduced, but significant losses of vegetative diversity are not anticipated to occur because mitigations found in item 5 will prohibit encroachment into sensitive environmental areas of the site. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. b. Reduction of the numbers of any unique, rare or endangered species of plants? Yes No X Maybe Response: The area proposed for this project does not contain any unique, rare or endangered plant species therefore no reductions in these species will occur. Mitigation: None required. c. Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Yes X No Maybe — Response: Approval of this request may result in the introduction of plant species used for residential landscaping. Because the non-native vegetation is not expected to be extensive and approximately 93%of the site will be prohibited from development,the impacts will not be significant.Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. d. Substantial reduction in acreage of an agricultural crop? Yes No X Maybe 9 Y 9 P Y Response: The project site does not contain any agricultural crops and is presently designated for residential and timber management uses. Timber can be considered a renewable agricultural crop, but the project site has been long used as grazing and open space area and is without any substantial timber that could be harvested commercially. Mitigation: None required. 5. Animal Life. Will the proposal result in: ■ Butte County Development Services Department Ar Planning Division ■ 6 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 a. Change in the diversity of species or numbers of any species of animals(birds, land animals, reptiles,fish,shellfish, benthic organisms or insects)? Yes No X Maybe Response: The area is seasonal habitat for the East Tehama Deer Herd and a variety of small animals and birds, however,a substantial change in animal diversity is not expected because of the large lot sizes(20+ac.), the creation of only one homesite, and mitigation measures found in item 4d that will prohibit the encroachment into sensitive environmental areas that make 93.16 of the site unusable. The project may result in the introduction of domestic pets into the area which could have an impact on the diversity of animal life. This should not have an impact on the diversity of wildlife because the lots created will be large and only one new homesite will be created. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. b. Reduction of the numbers of any unique, rare or endangered species of animals? Yes No X Maybe Response: The project site does not contain habitat that would support rare and endangered species. Mitigation: None required. c. Introduction of new species of animals into an area, or in a barrier to the migration or movement of animals? Yes No X Maybe _ Response: This proposal may involve the introduction of pets or other animals into the area. Although domestic animals represent a threat to deer habitat, it will not result in a substantial change in species representation. Mitigation: None required. d. Deterioration to existing fish or wildlife habitat? Yes No Maybe X Response: The project site contains a mixed coniferous forest on parcel 2(approx. 9 ac.)and along the perimeter of parcel 1 (approx. 2 ac.), riparian vegetation along the creeks on parcel l (approx. 11 ac.), and a large wet meadow on parcel 2(approx.44 ac.). These areas contain extensive fish or wildlife habitat that have the potential to be impacted by the project. The areas of the wet meadow and the creeks represent approximately 93%of the site and are not suitable for development. In order to protect this habitat from human encroachment, a 100 ff. No Disturbance Setback will be enforced along both creeks and the wet meadow. The project is located within the critical summer range of the East Tehama deer herd. The California Department of Fish& Game does not consider the summer range to be significantly impacted by development at this time and no mitigations are necessary at this time. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. MITIGATION#2: Show on the map a 100 ft.No Disturbance Setback along Mallory Creek,the unnamed tributary creek located on parcel 1 and the wet meadow on parcel 2. MITIGATION#3: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;"Structures,dumping,fill material,vegetation removal and/or excavation shall not be allowed within the 100 ft. No Disturbance Setbacks as depicted on the final map. The 100 ft. No Disturbance Setback shall be measured from the top of bank or the outer edge of riparian/wetland vegetation along both creeks and the wet meadow,whichever is greater. Any alterations to these No Disturbance Setbacks shall be approved by the Department of Fish&Game and the Planning Division" ■ Butte County Development Services Department w Planning Division ■ 7 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 6. Noise. Will the proposal result in: a. Substantial increases in existing noise levels? Yes No X Maybe Response: The proposed project will not result in a substantial increase in noise created on-site or in the vicinity because residential uses do not customarily create high levels of noise. Mitigation: None required. b. Exposure of people to severe noise levels? - Yes No X Maybe Response: The project site is located in an area of rural residential uses away from customary sources of significant noise. However, the specific site is located directly next to the Butte Meadows Volunteer Fire Department and may be subjected to occasional high levels of noise generated by emergency response vehicles. These episodes are not numerous and last for only a few minutes before the vehicles are out of the area and the noise levels are no longer significant. The site is also located in an area that maybe subject to logging activity and associated noise generated by this use. Logging activities are permitted in this area and while noise is generated, it is not anticipated to be at severe levels. Overall, the proposal will not expose people to severe noise levels. Mitigation: None required. 7. Light and Glare. Will the proposal produce substantial new light or glare. Yes No X Maybe — Response: The proposal will not result in a substantial increase in light or glare created on site or in the vicinity because the anticipated residential development does not require or customarily utilize intensive lighting. Mitigation: None required. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of the area? Yes No X Maybe Response: The proposal will not substantially alter the land use in the area. The project site is presently zoned TM-40 member Mountain-40 acre min.)which allows residential uses. The site is designated by the Butte County General Plan as Timber Mountain. The applicant is seeking a General Plan Amendment to allow the conversion of proposed parcel one from Timber Mountain to Agricultural Residential,a Rezone to allow the conversion of proposed parcel one from TM- 40(Timber Mountain-40 acre minimum)to TM-20(Timber Mountain-20 acre minimum);and a Tentative Parcel Map to create two parcels of 20.62 acres (parcel 1) and 45.06 acres (parcel 2). The requested actions will not result in a substantial alteration of the present or planned land uses in the area because: 1. The surrounding area defined as Butte Meadows, is a small community straddling Humbolt Road for a distance of approximately 2 miles on either direction of the project site. This area is developed with approximately 175 seasonal and permanent homes/cabins,a small store, two bars, a volunteer fire station and in 1991, a 29 lot subdivision was approved approximately 1000 feet west of the project site with an average density of one unit per 4.25 acres with a General Plan designation of Agricultural Residential and 1, 3, &5 acre zoning. Overall, the general area consists of approximately 238 parcels of which the preponderance are less than 2 acres and residential in nature;and 2. The parcel currently has the potential for one homesite that would most likely be located on the southern 113 of the property because the northern 213 is without any significant usable sewage disposal area due to a large wet meadow. The net result of this project will not increase the residential density on the property because the proposed parcel 2 is not be approved for sewage disposal per Environmental Health Division requirements which will leave only one buildable parcel for a net density of one unit per 66 acres. Overall, the applicant is only seeking a land use ■ Butte County Development Services Department Ar Planning Division ■ 8 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 change for pastel 1(20.62 ac.), which comprises only 30•/of the entire 66.69 acre property and of which only 4.33 acres(21%)of the parcel will be developable;and 3. The Butte County Planning Division is currently reviewing and updating the General Plan and Zoning Ordinance for possible designation changes to various areas of the County to better reflect the actual land uses. The Butte Meadows area as defined above(1)is being considered for changes that will more accurately reflect the present residential uses. ft is not known at this time what specific designations will be called, but it is clear that the Timber Mountain designations are not appropriate for the residential and commercial land uses in the area. Any future attempts to rezone or divide the land further will require addtional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. 9. Natural Resources. Will the proposal result in: a. Substantial increase in the rate of use of any natural resource? Yes No X Maybe Response: The project as proposed will allow for the construction of one residential unit at rural densities. The use of natural resources will be limited to those products needed to construct the home and the energy to heat, cool, and light the home. Much of the electricity used in Butte County is generated by hydroelectric power plants and is considered a renewable source of energy. The wood used in the construction of the home is also considered a renewable resource. The proposal for one additional residential unit will not significantly affect any natural resources. Mitigation: None required. b. Substantial depletion of any non-renewable natural resource? Yes No X Maybe Response: See discussion in item 9a. Mitigation: None required. 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances(including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Yes No X Maybe _ Response: The proposal will not involve the use of hazardous materials other than those materials designed for residential use, nor is located close to any facilities which store or utilize such materials. The residential use of herbicides, pesticides, and fertilizers is not expected to create any significant risks when used in compliance with manufacturers standards. Continuing education of the public regarding the proper use and deposal of household chemicals also helps to eliminate local contamination. Mitigation: None required. b. Possible interference with an emergency response plan or an emergency evacuation plan? Yes No X Maybe Response: The proposal for one residential unit will not significantly affect emergency services planning. At present there is not an adopted emergency response plan or evacuation plan for this area. Mitigation: None required. 11. Population. Will the proposal alter the location,distribution,density, or growth rate of the human population of an area? Yes No X Maybe I ■ Butte County Development Services Department Ar Planning Division ■ 9 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 Response: As indicated in the discussion of item 8, the proposed residential lot division and land use change will not alter local population density because the project site is planned for the possibility of rural residential densities/uses in the general plan and the area is being developed for these purposes. Mitigation: None required. 12. Housing. Will the proposal affect existing housing or create a demand for additional housing? Yes No X Maybe Response: The proposal will not affect housing demand because the project will create new homesites. Mitigation: None required. 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? Yes No X Maybe Response: The proposal will represent an incremental increase in traffic in the area. Because of the remote location of this panel and its likely use as a weekend recreation home or vacation home, the anticipated traffic is insignificant and Wil not cause substantial circulation impacts. The proposal for one homesite has the potential to generate approximately 5 vehicle trips per day,this number of trips is not expected to significantly impact the local circulation system. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. b. Effects on existing parking facilities or demand for new parking? Yes No X Maybe Response: The proposal for one residential unit on a 20+acre lot will not create a demand for new parking or other parking related improvements on-site. The proposal will also be required to comply with the parking standards contained within Butte County Code Section 24-35. Mitigation: None required. c. Substantial impact upon existing transportation systems,including public transportation services? Yes No X Maybe Response: This proposal will not substantially impact existing transportation systems because the rural residents are not expected to utilize public transportation and the number of expected residents associated with the project is small. See additional discussion in item 13a. Mitigation: None required. d. Significant alterations to present patterns of circulation or movement of people and/or goods? Yes No X Maybe Response:See items 13a,b,c. Mitigation: None required. e. Alterations to waterborne, rail or air traffic? Yes No X. Maybe Response: The proposal will not affect waterborne, rail or air traffic because the project is not located near, nor will it utilize any such facilities. Mitigation: None required. f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Yes No X Maybe ■ Butte County Development Services Department Ar Planning Division ■ 10 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 Response: This project will not result in an increase in traffic related hazards to motor vehicles, bicyclists, or pedestrians because the level of use indicated in the discussion in items 13a-d. Mitigation: None required. 14. Public Services. Will the proposal have substantial effect upon or result in a need for new or altered governmental services in any of the following areas: a. Fire Protection? Yes No Maybe X Response: The project site is located in an area designated as a high fire hazard area, but is located directly next to Butte Meadows Volunteer Fire Station#10 and approximately 2 miles from Butte Counly/CDF station#11. The fire hazard in this forested area is two dimensional, in that all structures are exposed to external fire hazards as well as presenting a potential source of fire ignition to surrounding lands. The Butte County Fire Department/California Department of Forestry has indicated that cumulative development in rural areas will impact their ability to provide fire protection services. They have stated 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 will reduce the demand for fire protection services. As a condition of project approval all new structures must meet the Fire Safe Regulations of Butte County and Public Resources Code 4290. This requires a property owner to maintain a cleared space of 30 ft. around all structures. The parcels created under the TM-20 zoning are subject to a 25 ft building setback along the side property lines and 50 ft. setback along the rear property line. This does not ensure 30 ft. of cleared area around all structures. To allow for the required fire clearance, the side yard setback will be required to be a minimum of 30 R. MITIGATION#4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "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 serves the parcel." MITIGATION #5: Show on the map a 30 ft,building setback line along the side yards of all parcels and place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "To ensure the mandated fire clearance established in the County, a minimum building setback line of 30 ft. is required along all side yard property boundaries." b. Police protection? Yes No X Maybe Response: The proposal will cause an incremental increase in demand for police protection services. The cumulative impacts of increased development in rural areas impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. As a condition of project approval, the applicant will be required to place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that, "A development impact fee for Sheriff's facilities shall be paid pursuant to the provisions of Chapter 3,Article ll of the Butte County Code,prior to issuance of building permits. Said fee amount will be determined and calculated as of the date of application for the building permit. Mitigation: None required. c. Schools? Yes No X Maybe Response: The proposal will result in an incremental demand for school facilities in the area. As a condition of project approval, the applicant will be required to place a note on a separate document which is to be recorded concurrently with ■ Butte County Development Services Department Ar Planning Division ■ 11 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 " prior the map or on an additional map sheet stating that, A development impact fee for school facilities shall be paid to p o issuance of building permits. Said fee amount will be determined and calculated as of the date of application for the building permits" While the school district maintains that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees by the State Legislature. Mitigation: None required. d. Parks or other recreational facilities? Yes No X Maybe Response: The proposal will not result in an increase in demand for park and recreation facilities in the area. Mitigation: None required. e. Maintenance of public facilities including roads? Yes No X Maybe Response: The proposal will result in an incremental increase in the need for maintenance of roads and other public facilities in the area that is not considered significant. Mitigation: None required. f. Other governmental services? Yes No X Maybe Response: The proposal will result in an incremental increase in demand for all other governmental services in the area that is not considered significant. Mitigation: None required. 15. Energy. WII the proposal result in: a. Use of substantial amounts of fuel or energy? Yes No X Maybe Response: The proposal will not utilize substantial fuel or energy. For the short term, the use of energy will be limited to that fuel needed to operate the machinery needed to prepare the site and construct a home. For the long term, energy will be required to heat, cool and light the homes. The project will not create a strain on existing energy supplies in the county because a significant portion of the electricity needs in Butte County are generated by hydro-electric plants which is considered a renewable source of energy. Mitigation: None required. b. Substantial increase in demand upon ebsting sources of energy or require the development of new sources of energy? Yes No X Maybe Response: The project is an area presently served by Pacific Gas&Electric, which forecasts energy consumption in their service area and provides facilities planning. The proposal will not substantially increase the demand for energy because PG&E has adequate resources for the generation of electricity. Mitigation: None required. 16. Utilities. WII the proposal result in a need for new systems or substantial alterations to the following utilities: a. Power or natural gas? Yes No X Maybe Response: See response in item 15b. Mitigation: None required. ■ Butte County Development Services Department Ar Planning Division ■ 12 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 b. Communication systems? Yes No X Maybe Response: Pacific Telesis presently has distribution lines in the area and can serve the communications needs of this project without any substantial alteration to existing facilfies. The cost of extending new service lines to individual homes may be borne by the new residents. Mitigation: None required. c. Water? Yes No X Maybe Response: The proposal will not affect public water systems because the proposal will utilize private wells. Mitigation: None required. d. Sewer or septic tanks? Yes No x Maybe Response: This project will not require or impact any sewer system because the project will utilize private septic systems. The Environmental Health Division will require the applicant to submit septic system plans to the EHD for review,and approval. Mitigation: None required. c. Storm water drainage Yes No X Maybe Response: See response in item 3b. Mitigation: None required. d. Solid waste and disposal? Yes No X Maybe Response: Currently,the Butte County Landfill has the capacity to serve the proposed project. There is no mandatory garbage collection required in rural areas of the county. Some residents may choose to transport their own refuse to the landfill. Mitigation: None required. 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? Yes No X Maybe Response: The proposal will not create any health hazard. Mitigation: None required. b. Exposure of people to potential health hazards? Yes No X Maybe Response: The proposed rural residential land use continues a bend to develop lands located in the foothill environment. These foothill areas are recognized by the Department of Fish&Game and the State Legislature as being prime habitat for mountain lions. An increased human presence in these areas exposes property owners to potential mountain lion confrontations and/or attacks. Incidents of mountain lion sightings, confrontations and attacks have been well documented throughout the foothill and mountainous regions along the Sierra Nevada and a state wide ballot measure is presently proposed to allow sport hunting of mountain lions as a method of population control. At this time no regulations or guidelines exist for mountain lion control or avoidance. Mitigation: None required. ■ Butte County Development Services Department a Planning Division ■ 13 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public or will the proposal result in the creation of an aesthetically offensive site open to public view? Yes No X Maybe Response:. The proposal will utilize undeveloped foothill land for the purpose of building residential units. The subsequent clearing and building will permanently alter the present viewshed. However, the project is not considered to be offensive or out of character with surrounding land uses. To ensure that the natural viewshed is protected to the extent feasible, the property owners will be required to limit vegetation removal to that what is necessary for the construction of a homesite by placing a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that,"The removal of vegetation shall be limited to what is necessary for the creation of a homesite, roads, accessory buildings, and to meet fire safety regulations."). MITIGATION#6: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;'The removal of vegetation shall be limited to what is necessary for the creation of a homesite, roads,accessory buildings,and to meet fire safety regulations:' 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Yes No X Maybe Response: The proposal will not significantly impact existing recreational opportunities in the area because the project site is private property and abundant public lands are located within 2 miles of the project site. Mitigation: None required. 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Yes No Maybe X Response: The project site is located in a general area characterized as being of high potential archeological sensitivity. A review of archeological reports previously done in this area show a limited number of archeological sites were identified. Because approximately 971 of the site is undevelopable due to physical constraints and was utilized for cattle grazing activities, the potential for significant disruptions of archeological sites is minimal and does not warrant an advanced survey of the site. However, during development of the site archeological sites may be discovered requiring the following mitigation. MITIGATION#7: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "During site development, should any archeological artifacts be discovered,the Planning Division shall be notified immediately,and all work shall cease until a qualified,professional archeologist has examined the artifacts and the site and submitted findings to the Planning Division,and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division:' b. Will the proposal result in adverse-physical or aesthetic effects to the prehistoric or historic building,structure or object? Yes No X Maybe Response: The site has no significant historic or prehistoric structures or items that would be disturbed by the proposed project. As discussed in item 20a above, any items found will require additional scrutiny. Mitigation: None required. ■ Butte County Development Services Department Ar Planning Division ■ 14 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Yes No X Maybe Response: The project will not result in any,significant changes to the site that affect cultural values. Mitigation: None required. d. Will the proposal restrict exstng religious or sacred uses within the potential impact area? Yes No X Maybe Response: The proposed project will not impact any existing religious or sacred uses in the area. Mitigation: None required.A ■ Butte County Development Services Department Ar Planning Division ■ 15 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 III. MANDATORY FINDINGS OF SIGNIFICANCE. 1. Does the project have the potential to 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 or eliminate important examples of the major periods of California history or prehistory? Yes No Maybe X Response: As discussed in Section II,items 1 8 5 of this document,this project has the potential to significantly degrade the quality of the environment. However,mitigations and conditions imposed on the project will reduce these impacts to a level of insignificance. 2. Does the project have the potential to achieve short-term,to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief,definitive period of time while long- term impacts will endure will into the future.) Yes No X Maybe Response: The project,as discussed in Section II of this Initial Study,will not result in short-term benefits at the expense of impacting long-term environmental goals. 3. Does the project have impacts which are individually limited, but cumulatively considerable? (A projects impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Yes No Maybe X Response: This project,as discussed in Section Il, items 1,4,5,814 of this Initial Study,may have a significant cumulative impact on the environment. However,mitigations and conditions imposed on the project will reduce these impacts to a level of insignificance. 4. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Yes No X Maybe Response: As discussed in Section II,items 3j, 6-8of this Initial Study,this proposal will not have a significant adverse effect on human beings because mitigations and conditions imposed on the project will reduce these impacts to a level of insignificance. N. DETERMINATION On the basis of this initial evaluation: _ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X 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 the mitigation measures described herein have been added to the conditions of approval for the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date: January 18, 1996 Prepared by: Stephen Lucas,Associate Planner Reviewed by: Craig Sanders, Senior Planner ■ Butte County Development Services Department Ar Planning Division ■ 16 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 V. MITIGATION MEASURES AND MONITORING REQUIREMENTS MITIGATION #1: Establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the additional map sheet the elevations (by contours) and the location-of an accepted NVGD benchmark, place a temporary benchmark on-site and identify the 100 year floodplain on the additional map sheet. MITIGATION #2: Show on the additional map sheet a 100 ft. No Disturbance Setback along Mallory Creek,the unnamed tributary creek located on parcel 1 and the wet meadow on parcel 2. MITIGATION #3: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "Structures, dumping, fill material,vegetation removal and/or excavation shall not be allowed within the 100 ft. No Disturbance Setbacks as depicted on the final map. The 100 ft. No Disturbance Setback shall be measured from the top of bank or the outer edge of riparian/wetland vegetation along both creeks and the wet meadow,whichever is greater. Any alterations to these No Disturbance Setbacks shall be approved by the Department of Fish & Game and the Planning Division" MITIGATION #4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "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 serves the parcel." MITIGATION#5: Show on the map a 30 ft. building setback line along the side yards of all parcels and place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "To ensure the mandated fire clearance established in the County, a minimum building setback line of 30 ft. is required along all side yard property boundaries." MITIGATION#6: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "The removal of vegetation shall be limited to what is necessary for the creation of a homesite, roads, accessory buildings, and to meet fire safety regulations." MITIGATION#7: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "During site development, should any archeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified, professional archeologist has examined the artifacts and the site and submitted findings to the Planning Division, and recommended clearance to continue. Recommencment of construction shall be upon the approval of the Planning Division." # Butte County Development Services Department # Planning Division # 17 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 i DATA SHEET i I A. Project Description 1. Type of Project: General Plan Amendment, Rezone, Tentative Parcel Map 2. Proposed Density of Development: one unit per 30 acres. 3. Amount of Impervious Surfacing: Incremental in the form of homes, driveways, accessory buildings. 4. Access and Nearest Public Road(s): Humbolt Road via SR32 5. Method of Sewage Disposal: Individual septic systems. 6. Source of Water Supply: Individual wells. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: No B. Environmental Setting 1. Terrain a General Topographic Character: Level mountainous terrain. b. Slopes: 0% -10% c. Elevation: 4400 feet above sea level. d. Limiting Factors: None 2. Soils. a. Types and Characteristics:McCarthy Series-Cobbly sandy loam. b. Limiting Factors: Moderately erodible 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: Low c. Landslide Potential: Low d. Fire Hazard: Moderate e. Expansive Soil Potential: Moderate to low 4. Hydrology a. Surface Water: Mallory Creek, unnamed tributary to Mallory Creek. b. Ground Water: Unknown aquifers. c. Drainage Characteristics: good d. Annual Rainfall (normal): 70 inches per year. e. Limiting Factors: Creeks will require a 100 ft. setback 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good. 8. Vegetation: Montane environment with conifer mix and riparian along creeks, meadow. 9. Wildlife Habitat: High quality among various vegetation types. 10. Archaeological and Historical Resources in the area: High sensitivity area. 11. Butte County General Plan designation: Timber Mountain 12. Existing Zoning: TM-40 13. Existing Land Use on-site: Undeveloped grazing/pasture area. 14. Surrounding Area: a. Land Uses: Timber, residential, open space, public b. Zoning: AR-1 to TM-2, 5, 20, 40, TPZ 160 c. Gen. Plan Designation: Agricultural Residential and Timber Mountain. d. Parcel Sizes: 1 - 100+ acres. # Butte County Development Services Department # Planning Division # 18 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 15. Character of Site and Area: Rural mountain residential 16. Nearest Urban Area: Chico 17. Relevant Spheres of Influence: None 18. Improvement Standards Urban Area: None 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station number 11 approximately 2 miles away, #10 on-site. b. Water Availability: Fire tankers only. 20. Schools: Chico Unified School District(s). ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element, Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classbs Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. Jonesville 15 Minute Quadrangle 15. Soil Map, Chico (1925)/Oroville (1926)Area. United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville (1926)Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. # Butte County Development Services Department # Planning Division # 19 :.:_• '" u eCounty DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538.7785 June 25, 1996. Garland Hart P.O. Box 3320 Chico, CA 95927 Re: General Plan Amendment 96-03 and Rezone 96-04 Dear Mr. Garland: At the regular meeting of the Butte County Board of Supervisors held June 25, 1996, Resolution No. 96-74 was adopted approving the General Plan Amendment from Timber Mountain to agricultural Residential and Ordinance No. 3278 was adopted which rezones from TM-40 to TM- 20 that property located on the east side of Humboldt Road, identified as AP 060-070-027, Butte Meadows. For purposes of the California Environmental Quality Act a Notice of Determination must be filed. The fee for a De Minimus Negative Declaration is the $25.00 documentary handling fee. A check made payable to the Butte County Treasurer in the amount of $25.00 should be submitted to the Planning Division by July 1, 1996. Should you have any questions regarding this matter, please contact the Planning Division at (916) 538-7601, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very truly yours, Wevelopment l D Services Director WF:lr cc: Clerk of the Board L & L Surveying 11:43 FROM CARL LEI)ERENL, ATTORNEY TOF'.t=1 1 5-3871785 J� 1" 5_ v4(�flV V�CB Vf CARL $. LEVERENZ '315 WALL $TRE�r tF// A PROFESSIONAL CORPORATION. CHICO,CALIFOXNIA 95925 TELEFHONI"(9161 605-1621 FAX (9161 89-4—SO43 s e FAX TRANSMITTAL COVER SHEE" TO: Stephen Lucas., Associate Planner Butte County Planning Division FAX 2TUMBER: 538-7785 DATE: 4/30/9.6 iI2� SENT: 11 : 46 am IRMER OF SHEETS (EXCLUDING COVER SHEET).: 2 SENT BY: Carl Leverenz ORIGINAL WILLAMA M FOLLOW: MESSAGE: If you don't receive the number of sheets 1:Lsted above, please call this office at (916) 895-1621 as soon as possible. The information contained in this Fax message is privileged and confidential, intended only for the use of -:he individual or entity named above. If the reader of this Fax mes;;age is not the intended recipient, please immediately notify us by ;collect) telephone call. Also, please return the original Fax message: to us at the address . above via U.S. Postal Service. N' F'-Z07-1996 11:4'+ FROrl r E i Lam..EF'Et•,l12, ATTOFa,II=''i' T[! c ..L.aro� C1 icP � • CARL B. LEVERENZ S15 WALL sT REET 4 PGOF_$ IQNAL CORPORATION CHICO. CALIFORNIA 95C)28 TELCP�[Y,NF(a16i gv_-IC2I TRANSMITTED BY FAX AND MAILED FAX [9IC., 99..-50.:3 April. 30, 1996 Stephen Lucas Associate Planner Butte County Planning Division Department of Development Services 7 County Center Drive oroville, CA 95965 Dear Steve: Re: Garland Hart General Plan Amendment and Rezone , Pursuant to your discussion with my clien•'-1, Garland Hart, I am submitting to you proposed Mitigations Nos. 2, 3 and 6 . Mitigations Nos. 1 , 5 and 7 are acceptable in their current form. Mitigation 2 : Show on the addifiona,L map sheet a 100 foot No Development area along the north bank of Mallory Creek, the unnamed tributary creek located on parcel 1, and the wet meadow on parcel 2 . Also show on the additional map sheet a 50 foot No Development area along the south bank of Mallory Creek. Mitigation 3: Place a note On a separate document which is to be recorded concurrently with the map or on an addi- tional map sheet stating that: "The owner of the property must comply with all zoning requirements consistent with a Timber Mountain zone. The No Developmentarea shall be measured from the top of bank or the outer edge of riparian/ wetland vegetation along both creeks and the wet meadow, whichever is greater. Any alterations tc these conditions shall be approved by the Department of Fish & Game and the Planning Division. Mitigation 6: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "The use of Parcel 2 shall be limited to agricultural uses. ''he limitations on Parcel 1 shall be consistent with Timber Mountain zoning and all other regulations, including, but no•!: limited to, the Butte County Building Code and the Depar•,.ment of Fish & Game rules and regulations. " PPR-30-1996 11:49 FROM CARL LEVERENc, ATTORNEY TO Stephen Lucas Associate Planner Butte County Planning Division Department of Development Services April 30, 1996 Page Two Thank you for your continuing courtesy in this matter. Very..truly yours, ' :l RiENZ CBL:pp cc: Garland Hart Hollis Lundy Dave Minton ef_C7N� ©�ce moi/, CARL B. LEVERENZ 515 WALL STREET A PROFESSIONAL CORPORATION CHICO, CALIFORNIA 95928 TELEPHONE(916) 895-1621 FAX (916) 894-5043 April 3, 1996 Stephen Lucas Plannlmi Associate Planner Butte County Planning Division APR U-4 1996 Department of Development Services 7 County Center Drive oiro%•• ' •.•a, �e� Oroville, CA 95965 Dear Steve: Re: Garland Hart General Plan Amendment and Rezone This is a follow-up concerning the proposed mitigation recom= mendations after a recent meeting with Hollis Lundy and my client, Garland Hart. We would appreciate having a copy of this letter provided to the Planning Commission for them to consider as part of their review. We -all feel.`-that the requests contained in this letter are { reasonable in light of what is .being proposed. As.- you will see from the discussion, the mitigation .measures, if fully implemented, would allow little' or no use of Mr. Hart' s property in the future. As you and the Commissioners are aware, a major impetus for this proposal was to provide a mechanism for the County to receive sufficient property to build additional structures and a water tank to improve its fire fighting capacity. I will deal with the mitigation items in the same order as presented, as follows: 1 . Mitigation 1 : We are in agreement to place a temporary benchmark on the site consistent with Hollis Lundy' s letter of March 15, 1996 . Anything beyond that, without knowing where a structure would be located, would involve meaningless effort. Obviously, any structure will have to comply with the Uniform Building Code and County requirements concerning flood plains. 2. Mitigations 2 and 3 : The . "no disturbance" proposal is simply :notreasonable in light of the. way Mr. Hart has maintained the property by. clearing brush and otherwise. clearing. the property. An acceptable alternative would be MEMORANDUM To: Lynn From: Stephen Lucas Date: April 15, 1996 RE: Revised Mitigation Measures for Hart GPA(96-03) and REZ(96-04). MITIGATION#1: Establish 100 year floodplain elevations. Lowest floor elevations for any structures shall be one foot above 100 year floodplain contour. Show on the addifional map sheet the elevations(by contours)and the location of an accepted NVGD benchmark, place a temporary benchmark on-site and identify the 100 year floodplain on the additional map sheet. MITIGATION#2: DFv Show on the additional map sheet a 100 ft. No eisturba m Setback along north bank of Mallory Creek,the unnamed tributary creek located on parcel 1, and the wet meadow on parcel 2. Also show on the additional map sheet a 50 ft. No Disturb Ue Setback along the south bank of Mallory Creek. MITIGATION#3: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "Structures, dumping, fill material, vegetation removal and/or excavation shall not be allowed within the No Disturbance Setbacks as depicted on the final map. The No Disturbance Setbacks shall be measured from the top of bank or the outer edge of riparian/wetland vegetation along both creeks and the wet meadow,whichever is greater. Any alterations to these No Disturbance Setbacks shall be approved by the Department of Fish&Game and the Planning Division" MITIGATION#4: This mitigation measure is removed. Pleee a note on a separate doetiment whieh is to be reeefeled eeneurremfly with the rnap or on-aft additional map sheet stafing that-, "Fire pdrikler Mtems shO be installed in all ffew residential struetures in se anee with t6 Nabonal Fire Proteebon Assodabon Standard for the installabon of spOnkler syst - . - - d two family dwellings and mobile homes, NFPA Stan 13E) unless a pressurized eommunity�vater system voith hydrants serves the pare MITIGATION#5: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "Construction, installation or development of structures or facilities on the parcel/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes,ordinances and regulations in effect at the time of application for improvement permits." MITIGATION#6: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "The removal of vegetation shall be limited to what is necessary for the creation of a homesite,roads,accessory buildings,to meet fire safety regulations or that performed under a Timber Harvest Plan." MITIGATION#7: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "During site development, should any archeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified, professional archeologist has examined the artifacts and the site and submitted findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division." Stephen Lucas Associate Planner Butte County Planning Division Department of Development Services April 2, 1996 Page Two to provide for no building within 50 feet of the creeks on the property and a 100 foot septic limit from the existing creeks on the property. 3 . Mitigation 4: As previously discussed with you, we believe that a sprinkler system is not necessary inasmuch as we would be immediately adjacent to a year-round, manned fire station. As indicated above, one of the purposes of the additional ground is to install a water tank. 4. Mitigation 5: While we understand the importance of providing a sufficient clearance for fire, it would appear that the set-back should be consistent with normal County-required set-backs. 5 . Mitigation 6: As previously discussed, Mr. Hart does intend to continue to cut fire wood and perhaps even log the property as he has done in the past. This is cer- tainly consistent with the permitted uses under the proposed zoning. Therefore, it does not appear reasonable to incude Mitiation 6 in these requirements. 6 . Mitigation 7 : 'This mitigation is acceptable to my client. Hopefully, you and your Staff and the Planning Commission will consider the above mentioned items in your overall analysis. We will plan to attend the hearing on April 11, 1996 to discuss the project with the Commission and to answer any questions which they may have concerning this project. Thank you for your co tinuing courtesy in this matter. Very truly ours, CA B. LEVE NZ CBL:pp cc: Garland Hart Hollis Lundy Dave Minton AGENDA REPORT TO: Honorable Chair and Board of Supervisors FROM: Stephen Lucas, Associate Planner DATE: June 12, 1996 REQUEST: File # GPA 96-03 & REZ 96-04 for Garland Hart on APN 060-070-027: A request to amend the Butte County General Plan designation from Timber Mountain to Agricultural- Residential and change the zoning designation from TM-40(Timber Mountain-40 acre min.) to TM-20 (Timber Mountain-20 acre min.) on a 20.62 acre portion of 66.69 acre parcel, located on the east side of Humbolt Road directly north of the Butte Meadows Volunteer Fire Station#11. This project is located in Supervisorial District 3. RELATED ITEMS: Planning Commission Agenda Report, March 14, 1996 FOR: Board of Supervisors Meeting of June 25, 1996 SUMMARY: At the regular meeting of the Butte County Planning Commission held April 11, 1996, this request was recommended for approval. DISCUSSION: This request is to amend the Butte County General Plan designation from Timber Mountain to Agricultural-Residential and change the zoning designation from TM-4Q-(Timber Mountain-40 acre min.) to TM-20 (Timber Mountain-20 acre min.) on a 20.62 acre_oortion of 66.69 acre parcel, located on the east side of Hum-bolt Road directly north of the Butte Meadows Volunteer Fire Station#11 The Planning Commission report on this item is attached and offers a thorough analysis of the request. In summary of this report, the applicant, Garland Hart, desires the General Plan Amendment and Rezone to allow the division of the 66.69 acre parcel so as to separate the 46+/-acre wet meadow/pasture area (:'arc )from the 20+/-acre developable area (Parcel 11. The wet meadow/pasture area will be sold to a neighboring property owner who wi confinue to graze cattl�on the site. Mr. Hart also wishes to accommodate a request by the Butte County Fire Department to transfer a strip of land located along the southern boundary of the property to be used by Butte Meadows Volunteer Station No. 11 for expansion of the facility. The remaining 20+/-acre parcel will be utilized by the applicant to build a single dwelling unit for his family's use. As indicated in the Planning Commission report, the wet meadow is undevelopable due to sewage disposal area restrictions which combined with the TM-20 zoning requested for Parcel 1, will not allow any increase in density beyond current regulations. As a result of the discussion at the Planning Commission and an additional site evaluation undertaken with the applicant, there are minor changes requested in the mitigation measures presented to the Commission which are supported by staff. The mitigation measures pertain the accompanying Tentative Parcel Map application which was reviewed in the comprehensive Initial Study for the entire project. The mitigation measures modifications are attached to this report and the changes are summarized below: The elimination of Mitigation Measure#4 which was removed due to the close proximity of Station #11 and with concurrence from the Fire Department; and Mitigation#2 has been adjusted to read "No Development Setback" rather than "No Disturbance Setback" so as to allow the applicant to continue the historical use of the property for grazing activities within the setback. The "No Development Setback will also be reduced to 50 ft. on the south bank of Mallory Creek to accommodate topographical constraints to the future development of a homesite; and Mitigation#3 has been modified to continue the allowable uses under the Timber Mountain Zoning and replaced the "No Disturbance" language with "No Development". These modifications are to allow the continued historical use of the property for grazing and timber resource management activities; and ■ Butte County Department of Development Services■ Planning Division m 1 Mitigation#6 has been modified similar to#3 to allow for the continued historical use of the property for grazing and timber resource management activities. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the recommendation of the Planning Commission and adopt an ordinance approving the General Plan Amendment and Rezoning for Garland Hart on APN 060-070-027, subject to the findings and conditions in the attached Exhibit A. Reviewed and Approved by: William Farrel Director of De lopment Services Exhibit A: indin9/Action Attachments: A: Planning Commission Minutes B: Ordinance C: Agenda Report for Planning Commission C. Letter from Virginia Doty D: Revised Mitigation Measures E: Site Map ■ Butte County Department of Development Services■ Planning Division ■ 2 EXHIBIT A BUTTE COUNTY BOARD OF SUPERVISORS File # GPA 96-03 & REZ 96-04 for Garland Hart on APN 060-070-027 : A request to amend the Butte County General Plan designation from Timber Mountain to Agricultural-Residential and change the zoning designation from TM-40 to TM;20 on a 20 acre portion of a 66.69 acre parcel, located on the east side of Humboldt Road directly north of the Butte Meadows Volunteer Fire Station#11. This project is located in Supervisorial District 3. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act and no potentially significant environmental effects were identified. B. The design of the proposed project improvements will not cause environmental damage to fish or wildlife or their habitat; and C. The Board of Supervisors has independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of the County of Butte; and Section 2: General Plan and Zoning Findings. A. Find that the characteristics of the project site meet the criteria for inclusion into the requested General Plan designation of Agricultural-Residential; and B. Find that the rezone conforms to the policies, including the text and map of the Butte County General Plan, because the requested zone is listed as a zone that is consistent with the requested Agricultural-Residential General Plan designation and the uses permitted by the zone will be consistent with the General Plan and surrounding properties; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, move to adopt a Resolution amending the General Plan designation of a 20-acre section of parcel of APN 060-070-027 from Timber Mountain to Agricultural-Residential, and adopt an Ordinance rezoning the same 20-acre portion from TM-40 to TM-20. B. Minor changes may be approved administratively by the Director of Development Services, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. C. Conditions of Approval: None ■ Butte County Department of Development Services■ Planning Division ■ 3 L S SURVEYING LLETTER OF TRANSMITTAL L 1007 Bille Rd. - P. O. Box 671 - Paradise, CA 95967-0671 Telephone: (916) 877-4300 - FAX: (916) 877-2251 SUBJECT:, DATE , TO: GL �. ATTN: WE ARE SENDING YOU: ATTACHED ❑ UNDER SEPARATE COVER THE FOLLOWING ITEMS: COPIES DATE DESCRIPTION j THESE ARE TRANSMITTED AS CHECKED BELOW: 19 PER YOUR REQUEST ❑ FOR YOUR INFORMATION ❑ FOR YOUR REVIEW ❑ REMARKS: Manning Division JUN 1 11996 • GFeviwe, Gan*G aN SIGNED JOB NUMBER REZONE DESCRIPTION GARLAND HART PROPERTY All that certain real property situate in the County of Butte, State of California, being .more particularly described as follows: A portion of Section 28, Township.26 North, Range 4 East, M.D.B. & M., more particularly described as follows Beginning at the Northwest corner of Section 28; thence following along the Northerly boundary of said Section 28, South 89° 45' 41 East for 3265.97 feet to the northeast corner of that certain parcel of land as shown on the Record of Survey for Garland Hart, filed with the Recorder of Butte County, California, on November 13, 1992, in Book 127 of Maps, at Page 66; thence leaving said Northerly boundary of said Section 28 and following along the Easterly boundary of said Hart parcel as shown on said Record of Survey, South 01 0. 15' 36" East for 1315.57 feet to a point on the Southerly boundary of the North half of the Northeast quarter of said Section 28 as shown on said Record of Survey; thence following along said Southerly boundary, South 890 53' 45" West for 625.98 feet to the Southwest corner of said North half of the Northeast quarter of said Section 28, as shown on said Record of Survey, and the TRUE POINT OF BEGINNING for the herein described parcel of land; thence from said True Point of Beginning following along the Easterly boundary of the Northwest quarter of said Section 28, South 00 25' 41" West for 659.44 feet as shown on said Record of Survey; thence leaving said Westerly boundary line, West for 198.00 feet as shown on said Record of Survey; thence North 700 26' 57" West for 1122.04 feet as shown on said Record of Survey; thence North 180 00' 55" West for 208.09 feet. as shown on said Record of Survey; thence North 400 56' 20" West for 35.22 feet to a point in the centerline of Humboldt Road as shown on said Record of. Survey, said point also being on a non-tangent 340 foot radius curve concave Northwesterly from which a line to the radius bears North 400 56' 20" West; thence following Northerly along the arc of said curve for a length of 58.73 feet, through a central angle of 90 53' 46"; thence North 390 09' 54" East for 73.58 feet to the beginning of a tangent 171.72 foot radius curve, concave Northwesterly; thence following Northerly along the arc of said curve for a length of 86.41 feet, through a central angle of 280 49' 55"; thence along said centerline, North 100 19' 59" East for 54.47 feet; thence leaving said Humboldt Road centerline and following along the centerline of Malloy Creek, North 716 23' 08" East for ....,...r.9 '.qn1AO)Q L1W C)411go '(M!IAOJQ ;,;i4Uuejd 966< < l N(1P uoistima Bulumid - ts 126.14 feet; thence continuing along said creek South 770 37' 39" East for 41.95 feet; thence leaving said creek centerline, North 33° 36' 43" East for 24.90 feet; thence South 89017' 14" East for 1042.19 feet to a point on said Easterly boundary line of said Northwest quarter of said Section 28;- thence following along said Easterly boundary line, South 00 25'.41 West for.210.00 feet to the Point of Beginning and the end of said description. April 11 , 1996 BUTTE COUNTY PLANNING COMMISSION Subject : Garland Hart property changes . My name is Virginia Doty and my permanent residence is 7461 Humboldt Road, Butte Meadows, Ca. , 95942 . Although this has been my permanent residence for only three years I have owned the property since 1979 and have been a vacation resident since my parents purchased a summer home in 1953 . Many changes have taken place in the Butte Meadows-Jonesville area with old buildings either remodeled or replaced by better. With access to the area winter and summer there is activity year- round with cross-county skiers , four-wheelers and snowmobilers . With all-year fishing on Butte Creek and some of the best deer hunting in the state, we have "crowds" many weekends , some have estimated Lop to 2 , 000 on holiday weekends . The 200+ residences are being used and the campgrounds are bulging. I approve and respectfully request that the changes requested by Mr . Hart be granted since they are reasonable and in keeping with the Butte Meadows environment and ambiance, but for this statement I will request they be granted, if for no other reason, for the property he has agreed to grant to the County for the use of the Fire Department . The Fire Department property has become a community center what with the clearing of the western half and the construction of picnic tables and group BBQ. This was done by volunteers and are used by hundreds . The building which houses the fire fighting equipment and living quarters for staff was likewise built by volunteers and recently brought up to code as per the Building Dept . codes . There is a great need to expand these facilities and Mr. Hart ' s generous offer must be accepted in order that the growing service be encouraged. I personally have witnessed these volunteers in action recently when a personal ri nd was given assistance while we awaited the arrival of a e icopter . They are trained in life saving methods and use of such equipment and are frequently first to provide aid in accidents and search and rescue efforts besides giving us a measure of assurance should there be a fire. I would like to commend Battalion Chief Dave Minton, Jerry and others who unselfishly drop everything to assist . Thank you for this opportunity to thank those mentioned and emphasize our need to expand this very important service in our growing area. Signed: . ....... utte o j nt ':V H A 1\) D 8 E A U1 T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916)538-7785 March 18, 1996 Garland Hart P.O. Box 3320 Chico, CA 95927 Re: General Plan Amendment (GPA96-03) and Rezone (REZ96-04), AP 060-070-027 Dear Mr. Hart: Enclosed is a copy of the Agenda Report concerning your application for a General Plan Amendment from Timber Mountain to Agricultural Residential and Rezone from TM-40 to TM-20 located on the east side of Humboldt Road, in the Butte Meadows area. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for April 11, 1996, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Ste*phe.n Lucas of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very truly yours, Barry K. Hoga'n Planning Manager Steoher! Lucas Associate Planner SL:lr Enc. cc: L. & L Surveying k.Nforms\scheduIe.f rm Piannina narz rt:nent I- & MAR 2 5 1996 S L SURVEYING 1007 Bille Rd. - P. O. Box-671 - Paradise, CA 95967-0671 Telephone: (916) 877-4300 - FAX: (916) 877-2251 March 15, 1996 Butte County Planning Department 7 County Center Drive Oroville, California 95965 Re: Garland Hart Parcel Map Dear Steve, After reviewing your suggested Mitigation Measures on page 17 of the Initial Study, Evaluation of Environmental Impacts, I feel we should revise some of the mitigations: Mitigation #1 A flood plain can be shown on the additional map sheet, but floor elevations will vary as the property slopes with the creek. A finished floor elevation would have to be determined at the time a building permit is applied for. I feel that Mitigation 1 should read "Establish 100 year flood plain on the additional map sheet by contours and place a temporary Bench Mark on site tied to NVGD Bench". Mitigation #3 Remove the word "vegetation" from this mitigation as brush has been, and will need to be maintained in 100' setback. Mitigation #4 This mitigation is unnecessary. Please remove it all together. There is a Fire Station within 100' of the property line. Mitigation #6 Remove mitigation. This parcel is TM zoning, the removal of brush and vegetation is permitted and necessary. Please continue with the process. We would like to resolve these items before the hearing in order to make the hearing process smoother. Sincerely, Hollis Lundy, PLS Planr�lr����?�aa�rriet�4 IrH.Vrt�iS MAR 2 0 1996 FABRIC WORLD orovi+-c, P.O. BOX 3320,CHICO,CA 95927 PHONE(916)894-0363 FAX(916)894-0365 March 19, 1996 Butte County Planning Dept . 7 County Center Drive Oroville, CA 95965 Attn : Steve Lucas Re : Garland Hart Parcel Map Dear Steve, I have further studied your suggested mitigations measures found on page 17 of the Initial Study and determined that some of them should be removed . I would greatly appreciate it if you would remove mitigations No. 2 , 3, and 6 in their entirety. If allowed to remain it would result in loss of property on parcel No. 1 of approx- imately twelve of the twenty acres . It would probably be that much or more on parcel No. 2 . ' When I agreed to donate a strip of land to the Butte Meadow Fire Department in exchange for'-thelot split, ' it ,:was with the provision that I enjoy all the benefits I now enjoy. There were to be no new restrictions . I feel it would be to the best interest of the county to remove these mitigations so we can go foreward with the project . The Butte Meadow Fire Station No. 11 needs to expand their operation and can only do so if I donate aforementioned strip of land . In fact, one of their driveways is actually on my property. I would also request that mitigation No. 4 be removed as werightnext door to the fire department . .4 re DIVISION OF G&B HART, INC. AUBURN • CHICO . GRASS VALLEY. PARADISE •YUBA CITY Hart's FABRIC WORLD P.O. BOX 3320,CHICO,CA 95927 PHONE(916)894-0363 FAX(916)894-0365 Thanking you in advance for your help in this matter, I look foreward to seeing you at the hearing on April 11 . Sincerely, Garland Hart cc Carl Leverenz cc Hollis Lundy cc Leo Steidlmayer cc Dave Minton C.D.F. DIVISION OF G&B HART, INC. AUBURN • CHICO . GRASS VALLEY. PARADISE .YUBA CITY Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07t* V. MITIGATION MEASURES AND MONITORING REQUIREMENTS MITIGATION#1: Establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the additional map sheet the elevations(by contours)and the location of an accepted NVGD benchmark, place a temporary benchmark on-site and identify the 100 year floodplain on the additional map sheet. ,/MITIGATION#2: Show on the additional map sheet a 100 ft.No Disturbance Setback along Mallory Creek,the unnamed tributary creek located on parcel 1 and the wet meadow on parcel 2. ,/.MITIGATION#3: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;"Structures,dumping,fill material,vegetation removal and/or excavation shall not be allowed within the 100 ft. No Disturbance Setbacks as depicted on the final map. The 100 ft. No Disturbance Setback shall be measured from the top of bank or the outer edge of riparian/wetland vegetation along both creeks and the wet meadow,whichever is greater. Any alterations to these No Disturbance Setbacks shall be approved by the Department of Fish&Game and the Planning Division" /MITIGATION#4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map (, sheet stating that; "Fire suppression sprinkler systems shall be installed in all new residential structures in RI 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 serves the parcel." MITIGATION#5: Show on the map a 30 ft.building setback line along the side yards of all parcels and place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "To ensure the mandated fire clearance established in the County, a minimum building setback line of 30 ft. is required along all side yard property boundaries:' / MITIGATION#6: i Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;'The removal of vegetation shall be limited to what is necessary for the creation of a homesite, roads,accessory buildings,and to meet fire safety regulations." , - �,�,, Lj OVL%I#W N?C(L I f AR,&P) MITIGATION#7: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "During site development, should any archeological artifacts be discovered,the Planning Division shall be notified immediately,and all work shall cease until a qualified, professional archeologist has examined the artifacts and the site and submitted findings to the Planning Division,and recommended clearance to continue. Recommencment of construction shall be upon the approval of the Planning Division:' ■ Butte County Development Services Department m Planning Division ■ 17 i Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 DATA SHEET A. Proiect Description 1. Type of Project: General Plan Amendment, Rezone,Tentative Parcel Map 2. Proposed Density of Development: one unit per 30 acres. 3. Amount of Impervious Surfacing: Incremental in the form of homes,driveways,accessory buildings. 4. Access and Nearest Public Road(s): Humbolt Road via SR32 5. Method of Sewage Disposal: Individual septic systems. 6. Source of Water Supply: Individual wells. 7. Proximity of Power Lines:To property. 8. Potential for further land divisions and development: No B. Environmental Setting 1. Terrain a General Topographic Character: Level mountainous terrain. b. Slopes: 0%-10% c. Elevation:4400 feet above sea level. d. Limiting Factors: None 2. Soils a. Types and Charactedstics:McCarthy Series-Cobbly sandy loam. b. Limiting Factors:Moderately erodible 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: Low c. Landslide Potential: Low d. Fire Hazard: Moderate e. Expansive Soil Potential: Moderate to low 4. Hydrology a. Surface Water: Mallory Creek, unnamed tributary to Mallory Creek. b. Ground Water: Unknown aquifers. c. Drainage Characteristics: good d. Annual Rainfall (normal): 70 inches per year. e. Limiting Factors: Creeks will require a 100 ft.setback 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good. 8. Vegetation: Montane environment with conifer mix and riparian along creeks, meadow. 9. Wildlife Habitat: High quality among various vegetation types. 10. Archaeological and Historical Resources in the area: High sensitivity area. 11. Butte County General Plan designation:Timber Mountain 12. Existing Zoning: TM-40 13. Existing Land Use on-site: Undeveloped grazing/pasture area. 14. Surrounding Area: a. Land Uses: Timber, residential,open space, public b. Zoning: AR-1 to TM-2,5,20,40,TPZ 160 c. Gen. Plan Designation:Agricultural Residential and Timber Mountain. ■ Butte County Development Services Department z Planning Division ■ 18 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 d. Parcel Sizes: 1 - 100+ acres. 15. Character of Site and Area: Rural mountain residential 16. Nearest Urban Area: Chico 17. Relevant Spheres of Influence: None 18. Improvement Standards Urban Area: None 19. Fire Protection Service: a. Nearest County(State) Fire Station: Station number 11 approximately 2 miles away,#10 on-site. b. Water Availability: Fire tankers only. 20. Schools: Chico Unified School District(s). ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1,Seismic Safety Element. Oroville,CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2,Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville,CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3,Safety Element. Oroville,CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1,Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4,Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville,CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville,CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map,Nitrate Concentration in Shallow Wells. The Resources Agency,State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No.67-178. Oroville, CA: Butte County Planning,Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. Jonesville 15 Minute Quadrangle 15. Soil Map, Chico(1925)/Oroville (1926)Area. United States Department of Agriculture. 16. Soil Survey of Chico(1925)/Oroville (1926)Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. ■ Butte County Development Services Department z Planning Division ■ 19 MEMORANDUM To: Lynn From: Stephen Lucas Date: April 15, 1996 RE: Revised Mitigation Measures for Hart GPA(96-03)and REZ(96-04). MITIGATION#1: Establish 100 year floodplain elevations. Lowest floor elevations for any structures shall be one foot above 100 year floodplain contour. Show on the additional map sheet the elevations(by contours)and the location of an accepted NVGD benchmark, place a temporary benchmark on-site and identify the 100 year floodplain on the additional map sheet. MITIGATION#2: Show on the additional map sheet a 100 ft. No Disturbance Setback along north bank of Mallory Creek,the unnamed tributary creek located on parcel 1,and the wet meadow on parcel 2. Also show on the additional map sheet a 50 ft. No Disturbance Setback along the south bank of Mallory Creek. MITIGATION#3: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "Structures, dumping, fill material, vegetation removal and/or excavation shall not be allowed within the No Disturbance Setbacks as depicted on the final map. The No Disturbance Setbacks shall be measured from the top of bank or the outer edge of riparian/wetland vegetation along both creeks and the wet meadow,whichever is greater. Any alterations to these No Disturbance Setbacks shall be approved by the Department of Fish&Game and the Planning Division" Vo6e-I•Ncvr C-(21}21N6 4r-n V,"r MITIGATION#4: This mitigation measure is removed. additional rnap sheet stating that; "Fire prinkler systems shall be imstalled in all q nstallafien of sprinkler systems in one and We family dwellings and mobile homes,NFPA Standard 13E)unless a pressurized eornmupity water system wfth hydrants serves the pareefi-" MITIGATION#5: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "Construction,installation or development of structures or facilities on the parcel/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits." MITIGATION#6: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "The removal of vegetation shall be limited to what is necessary for the creation of a homesite,roads,accessory buildings,to meet fire safety regulations or that performed under a Timber Harvest Plan." MITIGATION#7: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "During site development, should any archeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified, professional archeologist has examined the artifacts and the site and submitted findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division." 04- BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Board of Supervisors that public hearings will be held on Thursday, April 11, 1996;. _ ` _ • ' -- in the Butte County Board of Supervisors' Room, County Administration Center, 2 County Center Drive, Oroville, California, regarding the following item at the following time: ITEM ON WHICH A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS IS RECOMMENDED 9:00 a.m. - Garland Ha General Plan Amendment from Timber Mountain to Agricultural and Rezone from TM-40 (Timber Mountain - 40 acre parcels) to TM-20 (Timber Mountain - 20 acre parcels) on a 20.62 acre portion of a 66.69 acre parcels, located on the east side of Humboldt Road, identified as AP 060-070-027, directly north of the Butte Meadows Volunteer Fire Station #11, Butte Meadows. (SL) (GPA96-03/REZ96-04) The above mentioned application, Initial Study, and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. 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. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Chico Enterprise Record on March 11, 1996. 7.1 so-o5 z T 26N. R. 4E. .45 . IMD.8 63 M. Fes - o��5 60-®7 �6' � ,• x,04 /- 1660 792 • ,� 1814 - - - 27 ry Q/.76 Aa CREEK - o� �+ 60-11 Jo/ 628 • oMAL OYr. _ •. O 32OActoo * �J r _ 1 1200 � 26 640.40 1 53&JOAc `RE - / USA i 90L 1, s. 1 " -011-- , _. so-is �_ so-08 a v � I RS 401-44 R5' 90-35 1 - , USA O USA . 9 : 64OAc O �� C-1600 3 s ' /e 8P r � ' O 42.0*Ae NOTE= These Poroels are for Assessment Q eSSO/S Mop Na 60-07 BK 59 )%rpL.Ows Only and May Abl ConsHlu/e linty of Butte, Cay REVISED.,2—93 i I LAM cY) ca cwt s c i i N OTES AP# 60-070-027 SEWAGE DISPOSAL BY INDIVIDUAL SEPTIC SYSTEMS WATER BY INDIVIDUAL WELLS OWNER/SUBDIVIDER j FD. 3/4" I.P. LS6373 GARLAND HART PER 127—R/S-66 PO CX33 ICO, C 95927 TOTAL ACRES= 66.6976 N 89'45'41 W 3246.66 "InvF 1522.11' NO DRAINAGE COURSES ARE TO BE ALTERED. L / THERE ARE NO COUNTOURS FROM THE USGS QUAD MAP IN f/ THIS AREA DUE TO THE FLAT TERRAIN CL HUMBOLT RD � EDGE OF MEADOWfDo Q� PER BK 127 PG 66 s 12,078 SQ. FT. USABLE AREA 50' SETBACK ,1--- LINE 5 SET BACK E100' SET BACK LINEELEV. LINE PER MIKE HUERTA0' PARCEL 1 i 1 "- 200' — 200' I ��P O�o �0 EXIST. GP.=TM I pF ,1 EXIST. ZONING=TM40 G<v 0 PROPOSED GP=AR PROPOSED ZONING=TM20 PARCEL 2 W � ,gyp O 45.06 ACRES NET U, PARCEL 2 Ln pG� rn EXIST. GP AND ZONING TO REMAIN m 11,366' SQ FT USABLE , USABLE AREA C A L C S J I 1 CORRAL AREA N 71'23'08" E 100' SEP�C SETBACK UNE J/ PARCEL 1 92.28' 4 ter-- — /r 4.22 AC USABLE C `� S 89'17'14" E �' CL O�CREE�_ / PARCEL 2 I " 1042.19' �+ 11,366 SQ FT USABLE WLY N 33'36 43 E ,- o _ —250 B N7T3T39';W o/ oa —`_ —_.J ________ 0 24.90 a H ^41.95 �� i�' 0 100' SEPTIC SETBACK LINE 8,866 GROSS USABLE AREA / p 0-107. SLOPE, 7' OF SOIL, AND 10-20 MIN. PERK RATE = 8,000 SQ FT NEEDED '! G A V E IST. �� PARCEL 1 �- J A,- 3 S 89'5345" W 12,078 SQ. FT. USABLE ELY 20.62 ACRES NET i 625.98' _-2'500 S 40'56'20" E G ,P r v 5,22' 0P 3 ���, ,c`n� 9,578 GROSS USABLE AREA 10-20% SLOPE, 7' OF SOIL, AND 0-10 MIN. PERK RATE = 9,000 SQ FT NEEDED N 18'00'55" W s 24.44 AC USABLE 208.09 FIRE 0o Ht4to \ 0100 d- DEEP HOLE TEST HOUSED �� p PERK HOLE TEST \\ WELL �� �N0 Op, co "� SITE \qo. \O"- N" o� �� ROAD SJ�00� BUTTE MEADOWS �. GENERAL PLAN AMENDMENT dij 100" SEPTIC SETBACK. LINE FROM WELL 11 \ \ REZONE �\ TENTATIVE PARCEL MAP 198.0 ' N 90.00'00" W FOR � LOCATION A 0 MAP N.T.S. \ GARLAND HART CURVE RADIUS LENGTH DELTA LINE DIRECTION DISTANCE BEING A PORTION -O F THE N 1 /2 OF G 370.00' 63.91' 09'53'46" A N 39'09'54" E 73.58' H 201.72' 101.51' 28'49'55 B N 10'19'58" E 54.47' SECTION 2 8 T. 2 6 N , R. 4 E. , M . D . M . 1 360.00' 65.72' 10'27'38" C N 00'0739" W 68.07 J 370.00' 181.37' 28.05'08" D S 27.57'30" W 91.43' BUTTE COUNTY, CALIFORINA DEC. 1992 K 930.00' 417.01' 25'41'29" E S 19'04'22" W 104.69 L 370.00' 108.53' 16'48'22" Q N 00'0739" W 59.22' R N 00'07'39 W 8.84 90-04-070 S N 39'09'54" E 6.68' T I ' " w` -to c T N 39'09'54 E 66.90' Lc lEl 2 1995 L & L SURVEYING SHEE7 1 OF 1 1007 BILLE ROAD PO BOX 671 PARADISE, CA 95967 (916)877-4300 I i N OTES i AP# 60-070-027 SEWAGE DISPOSAL BY INDIVIDUAL SEPTIC SYSTEMS i i WATER BY INDIVIDUAL WELLS OWNER/SUBDIVIDER j FD. 3/4" I.P. LS6373 GARLAND 3HART PER 127-R/S-66 PO BOX CHICO, CA. 95927 l2D M N 89'45'41 W 3246.66' TOTAL ACRES= 66.6976 2° w F / 1522.11' NO DRAINAGE COURSES ARE TO BE ALTERED. { L / THERE ARE NO COUNTOURS FROM THE USGS QUAD MAP IN CL HUMBOLT RD EDGE OF MEADOW THIS AREA DUE TO THE FLAT TERRAIN � s PER BK 127 PG 66 ,pe 12,078 SQ. FT. USABLE AREA 1 50' SETBACK u c , E 10--LINE s 5 SET BgCK R 30' O� 100' SET BACK LINE ELEV. LINE PER MIKE HUERTA PARCEL 1 2 0 0' EXIST. GP.=TM O� 01-1 EXIST. ZONING=TM40 ' & PROPOSED GP-AR 42 PROPOSED ZONING=TM20 K PARCEL 2 (A --t 45.06 ACRES NET U, U, PARCEL_ 2 / �QG -_j rn EXIST. GP AND ZONING TO REMAIN D / m / 11,366' SQ FT USABLE � USABLE AREA CALCS J 1 1 CORRAL AREA / N 71'23'08" E 100' SEPTIC SETBACK LI—NE-! — PARCEL 1 92.28 J /r-` /� 4.22 AC USABLE C \ __ S 89'17'14" E CL OF CREED_ / PARCEL 2 I N 3336'43" E 1042.19' o // 11,366 SQ FT USABLE WLY 0 -2,500 24.90' � '' B N77'37'39;W �- o �� o _--—---—————--� -------- H .. 4`.95 �� i�' / 0 loo' SEPTIC SETBACK LINE 8,866 GROSS USABLE AREA i CN SLOPE, 7' OF SOIL, AND 10-20 MIN. PERK RATE = 8,000 SQ FT NEEDED A / EXIST\ PARCEL 1 �- 3 S 89'53'45" W G SHED T- 20.62 ACRES NET 62598' 12,078 SQ. FT. USABLE ELY -2,500 5.22' S 40'56'20" E G� r �' in 9,578 GROSS USABLE AREA ---- I �3 � � .� OC14 N 18'00'55" W �i �g o 10-20% SLOPE, 7' OF SOIL, AND 0-10 MIN. PERK RATE = 9,000 SQ FT NEEDED 208.09 2t4.44 AC USABLEJ V) ® DEEP HOLE TEST FIRE �0 H \ 000 HOUSE 10 4to PERK HOLE TEST WELL 0� \ .�00 C' 00, too "� SITE X00, ROAD i o.26 ��- � BUTTE MEADOWS GENERAL PLAN A MENDMENT c 9cASq100" SEPTIC SETBACK LINE �C�� FROM WELL 1 REZONE TENTATIVE PARCEL MAP N 90'00'00" W LOCATION MAP N.T.S. FOR GARLAND HART CURVE RADIUS LENGTP---7 DELTA LINE DIRECTION DISTANCE BEING A PORTION O F THEN 1 /2 OF G 370.00' 63.91' 09'53'46" A N 39'09'54" E 73.58' H 201.72' 101.51' 28'49'55" B N 1019'58" E 54.47' i 360.00' 65.72 10.27'38" c N 00.07'39" w 68.07 S E C TI ON 28 T. 2 6 N , R. 4 E. , M . D . M . 8"1.37' 28'05'0 57'30" WJ 370.00' 18 91.43' ' K 930.00' 417.01' 25'41 29" E S 19.04'22 W 104.69 BUTTE COUNTY, CAL 1 F O R 1 N A DEC. 1992 L 370.00' 108.53' 16'48 22" Q N 00"07'39" W 59.22' 90-04-070 R N 00 0739 W 8.84 martment I! S N 39'09'54" E 6.68' T N 39'09'54" E 66.90 L SEP 8 1995 S L & L SURVEYING orowle, � I j SHEET 1 OF 1 1007 BILLS ROAD PO BOX 671 PARADISE,' CA 95967 (916)877-4300 r j+ 1 NOTES AP# 60-070-027 SEWAGE DISPOSAL BY INDIVIDUAL SEPTIC SYSTEMS WATER BY INDIVIDUAL WELLS OWNER/SUBDIVIDER GARLAND HART FD. 3/4" I.P. LS6373 PO BOX 3320 PER 127—R/S-66 CHICO, CA. 95927 j20 21 N 89'45'41" W 3246.66' TOTAL ACRES= 66.6976 2° 2° F 7 1522.11' NO DRAINAGE COURSES ARE TO BE ALTERED. L / THERE ARE NO COUNTOURS FROM,THE USGS QUAD MAP IN / THIS AREA DUE TO THE FLAT TERRAIN CL HUMBOLT RD EDGE OF MEADOW a Qb PER BK 127 PG 66 I e 50' SETBACK n 12,078 SQ. FT. USABLE AREA { � c E 1- --LINE '� 5, SET BACK I 100' SET BACK LINE ELEV. LINE PER MIKE HUERTA PARCEL 1 opO I i 1 --— 200' � � o EXIST. GP.=TM I F 0 O �1 EXIST. ZONING=TM40 0 I & PROPOSED GP=AR PROPOSED ZONING=TM20 J G� K i �� °� PARCEL 2 0 � o 45.06 ACRES NET cn PARCEL - 2 4150Ln0 EXIST. GP AND ZONING TO REMAIN D / m / 11,366' SQ FT USABLE USABLE AREA CALCS J 1 CORRAL AREASETBACK UNE / N 71.23'0$" E K� 100 SEP-nC _—� _ PARCEL 1 92.28 J i—_ — /r 4.22 AC USABLE C _ S 89'17'14" OF GREE_ E cL / PARCEL 2 I " 1042.19' �'� / 11,366 SQ FT USABLE WLY N 33'36 43 E \ j o —2 500 B C7*37'39'i 24.90 o / o —/ - H --^41'95 —\ i�' 0 100' SEPTIC SETBACK LINE 8,866 GROSS USABLE AREA � o i� N 0-10% SLOPE, 7' OF SOIL, AND 10-20 MIN. PERK RATE = 8,000 SQ FT NEEDED G A e SHIED• \\ PARCEL 1 �— ,, A 3 S 89`53'45" W 12,078 SQ. FT. USABLE ELY ! 20.62 ACRES NET r. 625.98 —2,_50_0____ S 40'56'20" E GU-) O�r J � 9,578 GROSS USABLE AREA 522' I ��3 \ g o N 18'00'55" W sir► ( 0- 0 10-207. SLOPE, 7' OF SOIL, AND 0-10 MIN. PERK RATE - 9,000 SQ FT NEEDED 208.09 2 4.44 AC USABLEJ N DEEP HOLE TEST FIRE H 00 0 \` HOUSE WELL 0 4 \ N o \\ joo- to ( PERK HOLE TEST \ SITE -00, �0,�. �sF,o� �i� ROAD 3 -� BUTTE MEADOWS GENERAL PLAN AMENDMENT \ \ 204cSEPC SETBACK LINE \ \, \ S�hv REZONE FROM 1EL TENTATIVE PARCEL MAP 198.0 \� N 90'00'00" W FOR 1 LOCATION MAP N.T.S. GARLAND HART \\ \o CURVE G ftAD13US I 70.00' LENG 63.91' DEL09T53'46 " LINE A ND39'09'54" E IRECTION --I DISTANCE 58' BEING A PORTION O F THEN 1 /2 OF H 201.72' 101.51' 28.49'55" B N 10.19'58" E 54.47' SECTION 28 T. 2 6 N , R. 4 E. , M . D . M . 1 360.00' 65.72' 10'27'38" C N 00'07'39" W 68.07 370.00' 181.37 2$•o5'o9a s 27.57'30" w x1.43' BUTTE COUNTY, C A L I F O R I N A DEC. 1992 K 930.00' 417.01' 25'41'29" E S 19.04'22" W 104.69 L 370.0o' 108.53' 16'48'22" Q N 00'07'39" W 59.22' j R N 00'07'39 W 8.84 90-04-070 S N 39'09'54" E 6.68' T Pla,nnInn .snLp,a e a T N 39`09'54" E 66.90' L s L & L SURVEYING SEP c 8 5 10 SHEET 1 OF 14 :,, .._, m._. ... 1007 BILLE ROAD PO BOX 671 PARADISE, CA 95967 (916)877-4300 aFP. 7' 199 N OTES AP# 60-070-027 SEWAGE DISPOSAL BY INDIVIDUAL SEPTIC SYSTEMS WATER BY INDIVIDUAL WELLS OWNER/SUBDIVIDER FD. 3/4" I.P. LS6373 GARLAND HART PER 127—R/S-66 PO BOX 3320 CHICO, CA. 95927 so �' N 89'45'41 W 3246.66' TOTAL ACRES= 66.6976 "Inv F / 1522.11' NO DRAINAGE COURSES ARE TO BE ALTERED. L f/ THERE ARE NO COUNTOURS FROM THE USGS QUAD MAP IN CL HUMBOLT RD /� EDGE OF MEADOW THIS AREA DUE TO THE FLAT TERRAIN PER BK 127 PG 66 s e{ 50' SETBACK c 12,078 SQ. FT. USABLE AREA� � c E 1---LINE 5, SET BgCK I 30' O 100' SET BACK LINE ELEV. LINE PER MIKE HUERTA PARCEL 1 1 "= 200' 1*7 goo o EXIST. GP.=TM O� ��100' EXIST. ZONING=TM40 PROPOSED GP=AR c� PROPOSED ZONING=TM20 K PARCEL 2 -. o �/ pG O� 45.06 ACRES NET Ln u PARCEL 2 _ EXIST. GP AND ZONING TO REMAIN D / m / 11,366' SQ FT USABLE USABLE AREA CALCS J / 1 1 CORRAL AREA SEP SETBACK LINE / N 71.23'08" E K� 100' SE —_——i PARCEL 1 92.28' 4 //- — /r 4.22 AC USABLE C �*_1"I _ S 89'17'14" E � CL OF .CREED,.._, / PARCEL 2 I Mll 6' "� / 11,366 SQ FT USABLE WLY �� � 1042.19' � o / —2,5_0_0 ___ � N 33'36 43 E � ��' 24.90' _ B N77'37'39"W �--' o �� o_`-- H �..�41.95 O 100' SEPTIC SETBACK LINE —i,86 GROSS USABLE AREA _ _ _ o SLOPE, F OIL AND 10 20 MIN. PERK RATE 8 000 S FT NEEDED N o 1o� so , 7 o s Q A �/ r 3 . " EXIST. �- G � �SHED �� PARCEL 1 '�,�� w S $9 53 45 W 20.62 ACRES NET f.- 625.98' 12,078 SQ. FT. USABLE ELY _-2,_50_0____ S 5 20'2 3 6'20" E G '�P i�Y 0 N 9,578 GROSS USABLE AREA 0 10-207. SLOPE, 7' OF SOIL, AND 0-10 MIN. PERK RATE = 9,000 SQ FT NEEDED N 18'00'55" W 2t4.44 AC USABLE 208.09'FIRE H 00 N '� DEEP HOLE TEST HOUSED 100 `� 4 \ o� \� Lo PERK HOLE TEST \\ WELL 0� 10 �, BOO SITE 'OO. \\ox, �sFA� �� .� ROAD BUTTE MEADOWS GENERAL PLAN AMENDMENT lc" 100" SEPTIC SETBACK LINE £ ��+� � \��tiF FROM WELL 71 REZONE 22, Skhv �y 19$. TENTATIVE PARCEL MAP \ 0 N 90.00'00" W FOR • �,� LOCATION MAP N.T.S. GARLAND HART ,e CURVE RADIUS LENGTH DELTA LINE DIRECTION DISTANCE BEING A PORTION OF THE N 1 /2 OF G 370.00' 63.91' 09'53'46" A N 39'09'54" E 73.58' H 201.72' 101.51' 28'49'55" B N 10'19'58" E 54.47' SECTION 2 8 T. 2 C N , R. 4 E. , M . D . M . 1 360.00' 65.72' 10'27'38" C N 00'07'39" W 68.07 1 370.00' 181.37' 28.05'08 D S 27.57'30" W 91.43' BUTTE COUNTY, CALIFORINA DEC. 1992 K 930.00' 417.01' 25'41'29 E S 19'04'22" W 104.69 L 370.00' 108.53' 16'48'22" Q N 00'07'39" W 59.22' R N 00'07'39 W 8.84 90-04-0701 9c�1 Og= a S N 39'09'54" E 6.68' SEP 2 8 1195T T N 39'09'54" E 660.90' L s L & L SURVEYING SHEET 1 OF 1 1007 BILLS ROAD PO BOX 671 PARADISE, CA 95967 (916)877-4300 . 2'7 jot