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Resolution No. 98-172
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE
AMENDING THE NORTH CHICO SPECIFIC PLAN.
WHEREAS, The Butte County Board of Supervisors adopted resolution 95-47 adopting the
North Chico Specific Plan; and
WHEREAS, the North Chico Specific Plan contained a land use designation of SR-1/OS
Suburban Residential/Open Space which permitted an unspecified number of dwelling units; and
WHEREAS, private individuals,Robert and Ann Sephens have petitioned the Butte County
Planning Commission and Board of Supervisors, through an appropriate application, to amend the
North Chico Specific Plan, to change the land use designation for the property described as Exhibit
"A", attached, from SR-1/OS and OS to SR-1/PD and OS/PD thereby adding a PD - Planned
Development combining designation, as described in Exhibit`B", attached, and amending the OS -
Open Space designation, as described in Exhibit "C", attached, to the North Chico Specific Plan
which, along with a concurrent Development Agreement which will more clearly define the
development potential of the above described property, and will thereby increase the number of
dwelling units contemplated within the Plan area from 2,83 to 2,896; and
WHEREAS, the proposed amendment to the North Chico Specific Plan has been studied and
reviewed by the Butte County Planning Commission and public hearings held on November 13 and
December 11, 1997 and on February 12, 1998, pursuant to flaw, at which times all interested persons
were heard; and
1
WHEREAS,the Butte County Board of Supervisors has reviewed and considered the contents
of the Mitigated Negative Declaration prepared on the amendment pursuant to the California.
Environmental Quality Act and attached hereto-as Exhibit D; and
WHEREAS, the Butte County Board of Supervisors held hearings on the amendment to the
North Chico Specific Plan and Development Agreement at which hearings all interested parties were
heard; and
WHEREAS, substantial testimony has been heard both pro and con, and changes have been
made to the project to address concerns made during the public review process; 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:
A. The proposed amendment to the North Chico Specific Plan is consistent with the
policies, including the text and map, of the Butte County General Plan as discussed
below:
1. The Butte County General Plan Land Use Element designates the 230 acres
north of Mud Creek as Agricultural Residential. The maximum development
potential allowed by this designation is 1 dwelling unit per acre. The net
result of the proposed amendment to the NCSP is the development of up to
160 dwelling units within the bounday of the 230 acres for an average density
that is consistent with the General Flan Land use designation.
2. The following General Plan policies support the proposed amendment:
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C.Le. "Encourage urban expansion toward the least productive soils." The site
contains marginal agricultural soils capable of supporting only grazing or
limited agricultural uses.
D.1.b. "Provide a diversity of housing sites varying in size, density and location."
The PD combining zone will provide additional housing choices in the
NCSP.
D.2.a. "Correlate residential densities to soil, slope and other natural site
characteristics." The site has few limiting characteristics. Sewage disposal
and drainage are two areas that could potentially limit development.
However, the required additional open space acreage associated with the PD
combining designation is available to overcome these limitations.
D.2.c. "Relate residential densities to intensity and compatibility of adjacent uses."
The resulting residential development will not be as dense as adjacent
residential uses in the Village core and will provide a suitable transition to the
1 acre parcels to the north and west. The overall density of the project is
consistent with the 1 acre density planned for the adjoining lands_
D.2.d. 'Balance residential densities with traffic-carrying capacities of existing and
imposed circulation1p ans." The proposed circulation plan and improvements
proposed by the NCSP will accommodate the additional traffic generated by
this project because the improvements were based upon a greater number of
dwelling units than ultimately approved by the Plan.
3
G.5.b. "Prevent development and site clearance other than river bank protection of
marshes and significant riparian ha:)itats." The Development Agreement
provides for riparian protection and enhancement through the use of creek side
setbacks and vegetation plantings.
H.3.a. "Limit development in areas with significant drainage and floodingproblems
until adequate drainage or flood control facilities are provided." The
incorporation of drainage conditions to reduce peak project site runoff to 10%
below pre-development conditions will serve to reduce downstream flooding.
An easement along the westerly property boundary will also be deeded to the
County in order to provide for future drainage improvements that will allow
the transfer of flood waters from Keefer Slough to Mud Creek. .This is a
critical component in solving downstream flooding problems on Keefer
Slough.
10.0 "Provide for a safe and convenient bicycle transportation system which is
integrated with other transportation modes." Pedestrian trails and bicycle
paths are integrated as part of the NCSP and are also required as.part of the
Development Agreement.
WHEREAS,the property proposed for amendment is located adjacent to the Chico Municipal
Airport and this amendment is subject to review by the Butte County Airport Land Use Commission
and said Commission reviewed project proposals for the Stephens property on November 11, 1997,
November 19, 1997, and again on August 19, 1998; and
4
WHEREAS, At a public hearing held on August 19, 1998 the ALUC reviewed the
Development Agreement proposed for the project and found the project consistent with the Chico
Municipal Airport Environs Plan and that the project is compatible with the viable, responsible,
operation of the Chico Municipal Airport. Said review also constituted a reconsideration of the
amended Stephens project, in that the Development Agreement outlined all aspects of the proposed
development for the project site including the number of dwelling units, development areas and open
space areas, and the.timing of construction of the dwelling units. The ALUC finding was based on
1 required condition, 8,recommended conditions and 2 recommended changes to the Development
Agreement, the details of which are contained in the ALUC's consistency findings report dated
August 20, 1998, and all of which have been made part of the Development Agreement; and
WHEREAS on October 21, 1998 the ALUC purported to adopt an amendment to the 1978
Chico Municipal Airport Environs Plan prohibiting the development of new single family dwellings
on property adjacent to the Chico Municipal Airport including the majority of the Stephens property.
This ALUC action required the Stephens Development Agreement and Specific Plan Amendment
to again come before the ALUC for consistency findings. On November 18, 1998 the ALUC again
reviewed the project for consistency with the amended Chico Municipal Airport Environs Plan
finding the project to be inconsistent with the amended plan; and
WHEREAS the Board of Supervisors, on December 1, 1998 made and adopted
findings to override the ALUC inconsistency findings in accordance with Sections 21676 and 21670;
and
NOW,THEREFORE,BE IT RESOLVED that the Butte County Board of Supervisors hereby
approves:
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1. An amendment to the text of the North Chico Specific Plan adding a PD - Planned
Development Combining Zone and amending the OS Open Space Zone as contained
in the attached Exhibits `B" and "C", and ishereby incorporated by reference.
2. An amendment to the text of the North Chico Specific Plan revising the last paragraph
of Development Regulation 7.1-6, page 7-4 to read: "Outside the Village Core
boundary,with the exception of the SR-1/OS designation, any revision to increase the
number of dwelling units within a particular designation shall be offset by a
corresponding decrease in another designation so that the total number of units in the
entire planning area is not exceeded. Revisions to the SR-1/OS will require a specific
plan amendment"
3. Revise the text, exhibits, and tables to reflect the effects of this Specific Plan
amendment on the whole NCSP, including but not limited to;
a. Any reference to 2,803 dwelling units shall be changed to 2,896;
b. Amend table 3-1, to include SR-l/PD and OS/PD designations and acreage.
C. Amend Figure 3-1 to reflect the new land use designations.
d. Amend Table 7-1 to include the SR-l/PD and OS/PD designations.
e. Amend Table 7-2 to include the PD combining zone development standards.
f All applicable tables and schedules in Chapter 8 regarding fees and capital
improvements. '
PASSED AND ADOPTED by the Butte County Board of Supervisors on this 1st day
of December, 1998, by the following vote:
AYES: Supervisors Beeler, Dolan, Houx, and Josiassen
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NOES: None
ABSENT: None
NOT VOTING: Chair Davis
D C. DAVIS, 6HAIR
Butte County Board of Supervisors
ATTEST: John S. Blacklock, Chief Administrative
Officer and Clerk of the Board
By:
Jerk
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BUTTE COUNTY BOARD of SUPERVISORS
Applicant: Robert&Arm Stephens
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Hearing Date:October •.• i 10:00 1 •• • • i i •
Request: Specific Plan Amendment and Rezone From SR-1/0S to SR-1 on 83 acres and applying a No Scale
Combining Zone to Approx. 1 acres. Assessor Parcel No:
047-250-141
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EXHIBITNUMma
PD (Planned Development) Combining Zone
A. Purpose and Intent - The purpose and intent of the PD combining zone is to allow
diversification of lot sizes and retention of open space areas, to encourage innovative and
superior subdivision design over that which is available with conventional subdivision
regulations, and facilitate the transfer of density between parcels. The combining district is
used in combination with the base or underlying zone districts to address special needs or
characteristics to which they are applied, including but not limited to potential hazards and/or
land use conflicts created by aircraft overflight, flooding, unique community character or
visual quality. Land with a PD combining zone designation may develop subject to the
regulations and site design requirements of the underlying zone or subject to the requirements
of the PD combining zone.
B. Conflicts between provisions - In the event of any conflict between the combining district
regulations and the underlying zone district regulations, the combining district regulations
shall control.
C. Application process-Obtaining a PD zoning designation requires an amendment to the North
Chico Specific Plan land use map including a r5zone and a concurrent Development
Agreement application or conditional zoning agreement. The process shall be the same as set
forth by Chapter 24 of the Butte County Code. Th-_ submission of a Tentative Subdivision
Map to exercise the PD designation shall be preceded by a pre-development conference to
review the proposed lot design and ensure the project meets the site design criteria in Section
E., below. A concept plan shall be submitted that addresses the site design criteria.
D. Allowable land uses-The allowable land uses shall be the same as permitted in the underlying
or base zone. Residential densities may not exceed that stipulated by the General Plan and
Specific Plan unless applicable amendments are approved. The maximum number of dwelling
units, including any assignment and transfer of density credits, and timing of construction
shall be set forth in the Development Agreement or conditional zoning agreement.
E. Site development requirements .
1. A minimum of 25% of the gross acreage within the PD designation will be retained
as open space and made available to residents of the Planned Development. This area
may be larger than 25% if significant wetlands or other sensitive biotic resources are
retained on-site. The retained open space shall be protected by a conservation
easement or other mechanism that will preclude development in perpetuity. The
designation of open space areas shall be governed by the following criteria:
a. Primary Open Space Areas- The features enumerated below are defined as Primary
Open Space Areas. These areas shall be used to determine the location and extent of
1
.the open space area within the..development area to achieve the 25% requirement.
1). Wetlands preserved within the PD area, with 50'of surrounding buffer area.
If wetland preservation area, including buffers cannot be feasibly retained and
integrated into the Planned Development area, alternative mitigation must be
performed. Creation of new wetlands area within other open space area of
the Planned Development shall be the accepted mitigation, subject to approval
from the California Department of Fish and Game as well as the Army Corp
of Engineers. Destroyed wetlands shall be replaced on a 2 to 1 ratio as
provided for in the North Chico Specific Plan.
2). Setbacks from watercourses and drainage channels. The creek side setback
is 100'for those streams and drainage courses shown in the NCSP unless, as
a component of the Planned Development, a habitat improvement plan is
undertaken to significantly enhance the value of these buffer strips, in which
case the setback may be reduced to not less than 50'. The habitat
improvement plan shall be submitted with the Tentative Subdivision Map
application.
3). Sensitive botanic or biotic habitat. Prior to the required pre-development
conference, the applicant should identify any areas of the site that provide
habitat.for sensitive plant or animal species.
4). Any areas deemed to be of high archaeological value by the investigating
archaeologist, which are not otherwise mitigated.
5). Stormwater detention area as conceptually designated in NCSP, or other
appropriate stormwater detention configuration.
b. Secondary Open Space Areas - The features enumerated below shall be defined as
Secondary Open Space Area, those areas to be carefully considered during site design
to minimize development impact and maximize the benefits of the resultant open
space amenity.
1). The most suitable soils for filtering effluent. Unless the site is served by
public sewer, an on-site community wastewater treatment system is needed.
Suitable soils will be one of the site's most significant resources, and
organizing development to best utilize these is appropriate.
2). Areas connecting Primary Open Space Areas. Wildlife movement corridors
will be combined with other open space functions to the maximum extent
feasible.
2
2. Development Appropriate in Open Space Areas
a Paths and trails. Looped, meandering bicycle and pedestrian paths along the
edges of open space areas, and abutting some lots, connect open spaces with
residential development and access streets.
b. Community wastewater treatment facilities. Facilities may be located in the
open space area in a way that is sensitive to the specific features of the chosen
location.
C. Active recreation. Green areas, small play lots, and a "mini-park" may be
appropriately located in open space areas.
d. Other uses. Uses permitted within the OS zone as provided in the North
Chico Specific Plan
3 Residential development design criteria - The following design elements shall be
incorporated into residential development in the PD zone:
a Lots abutting or facing onto open spaces. Where feasible, such lot siting will
take advantage of the amenity value of the open space. The adjoining open
space creates a buffer on at least one boundary of the lots, which is preferable
to being closed in on all sides by others' yards.
b A varietyo lot sizes to accommodate the desi ated field. Adjoining open
.� 8n Y J g p
space will psychologically enlarge smaller lot dimensions to include some of
the meadows, wetlands, or stream co-ndors within direct view of the house.
C. Access to individual lots from interior local streets. Major arterials along the
perimeter of a site are not appropriat-_for individual lot access.
d. Appropriate tree plantings. Use tree plantings to create a landscaped
`canopy' to shade streets and yards, and to provide some natural buffering
between houses. Provide a landscaping plan with tentative map application.
I
e. Development focused away from major public routes adjacent to this area.
Preserve views from these roads and buffer residences from associated traffic
and noise.
f Development sited to take advantage of any views out from the site.
g. Use Single-loaded streets, where feasible.
3
h. Individual water wells or, if more efficient, a community water system.
I. Community wastewater treatment system. A community or public wastewater
treatment system is required.
j. Drainage system designed to filter concentrated stormwater runoff before it
reaches sensitive areas such as wetlands.
4
* EAHIBIT
OS (Open Space)
Permitted Uses
(1) . Biking and hiking trails
(2) Drainage improvements
(3) Walls and fences
(4) Public parks (recreation centers and facilities)
(5) Wetland preserves, reference to section 7.5 Wetlands Mitigation.
(6) Private parks (active and passive)
(7) Limited road access
(8) Community sewage disposal and water treatment facilities, wells
(9) Underground utilities
(10) Any other uses deemed compatible by the Director of Development Services or designee
5
00
EXHIBIT . A
Legal Description for Stephens Development Agreement
The area subject to this Development Agreement is located in the unincorporated area
of Butte County, Chico, more particularly described as follows:
Those portions of the NW 1/4 and the SW 1/4 of Section 33, T23N, R1 E,
MDB&M, described as follows:
From a point of beginning at the NW section ccrner of Section 33, T23N, R1 E,
MDB&M, thence along the N section line of Section 33 at a bearing of N 890 48'
58" E, for a distance of 1567.83 ft.; thence southeasterly at a bearing of S 320
38' 26" E for a distance of 2004.30 ft. to Hicks Lane, southerly along the quarter
section line of Section 33 at a bearing of S 0° 15' 07" E, for a distance of 936.69
ft. to the center of Section 33, hence, southerly along the quarter section line for
a distance of approximately 324 ft. to the S easement line of Mud Creek,
southwesterly along the easement line of Mud Creek as it exists on October 10,
1998, to the intersection with the W section line of Section 33, and thence
northerly along the section line to the point of beginning.
I
1
EXHIBII
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-- -- -- -- == = Shaded Area
_ ___; subject to
-- -- - - - Development Agreement
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M- 1 M_ 1 EXHIBIT � -a
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City of
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DRAINAGE EXHIBIT
for
STEPHENS DEVELOPMENT AGREEMENT
82 ft. wide
Drainage Easement
to be deeded to
Butte County f
----- ------------- 047-250-141
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EXHIBIT--
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+B TTT E COUNTY AIRPORT LAND USE COMMISSION +
•7 County Coda Drive,Oroville,CA 95965• (530)538-7601 FAX(530)538-7785•
TO: Public Agencies and Interested Parties
FROM: Butte County Airport Land Use Commission
SUBJECT: NOTICE OF PUBLIC MEETING FINDINGS AND/OR COMMENTS:
BUTTE COUNTY AIRPORT LAND USE COMMISSION
CONSISTENCY FINDINGS FOR: Butte County Development
Agreement(DEY99-01 -Robert and Ann Stephens/George Kammerer)
on APN 047-250-141 A draft Development Agreement to define the
development rights for a 230 acre site proposed for a Rezone from SR-1 and
SR-1/OS to Planned Development (PD)/SR-1 on 126 acres and from OS
(Open Space)to PD/SR-3/OS on 103 acres. The project site is located on the
west side of Mcks Lane immediately adjacent to the Chico Municipal Airport,
generally between Keefer Slough and Mud Creek.
DATE NOTICE MAU.,ED: August 20, 1998
This is your official notice that the Airport Land Use Commission held a public meeting on August 19, 1998
and approved the findings and/or conditions attached as Ex_libit(s) A-
If you have any fin Cher questions or desire additional information, please call Laura Webster, of the ALUC
staff, at (530) 533-1131. The project file may be reviewed at the Department of Development Services, 7
County Center Drive, Oroville, California.
EXHIBIT
•Butte County •Airport Land Use Commission •
EXHIBII
i
+B TI TE COUNTY AIRPORT LAND USE COMMISSION SSION +
•7 County Center Drive,OrovWe,CA 95965• (530)53f-7601 FAX(530)538-7785•
EXHIBIT A
BUTTE COUNTY AIRPORT LAND USE COMMISSION
CONSISTENCY FINDINGS FOR:
Butte County Development Agreement DEV99-01-
Robert and Ann Stephens/George Kammerer
on APN 047-250-141
The following findings have been prepared at the direction of the ALUC and are for the consideration of the
County of Butte when making a decision on the project.
Section 1: ENVIRONMENTAL FINDINGS
A. No environmental documentation was submitted for the current project at the time of review.
However, the ALUC did find that the environmental documentation prepared for an earlier version
of the project that would have permitted approximately 20 residential dwelling units within the 103
acre Opens Space area and approximately 58 new dwelling units within the north half of the 126 acre
portion of the site currently zoned SR-1/OS did not adequately address potential impacts related to ,
the aircraft operations of the Chico Municipal Airport.
Section 2: PROJECT CONSISTENCY FINDINGS
A. The ALUC finds the project consistent with the Chico Municipal Airport Environs Plan and that the
project is compatible with the viable, responsible operation of the Chico Municipal Airport subject
to the following required condition. Recommended conditions have also been provided to improve
land use compatibility with airport operations.
Section 3: REQUIRED CONDITION
A. The consistency finding for the project is contingent upon the requirement that the minimum lot size
for any parcel is not less than 8,125 square feet if served by individual wells and on-site sewage
disposal systems, or 6,500 square feet if public sewage disposal service is provided.
Section 4: RECOMMENDED CONDITIONS
A. Residential development shall be restricted to those portions of the 126 acre SR-l/PD area that are
located outside of the projected 55 dB CNEL contour a depicted on Drawing (CIC=3) within the
Chico Municipal Airport Environs Plan.
•Butte County •Airport Land Use Commission 0 '`
B. Residential densities within the Inner Turning Zone shall be restricted to the densities recommended
within the 1993 Airport Land Use Planning Handbook(no more than one dwelling unit per two
acres) to protect the safety of aircraft and persons on the ground. Residential densities within the
Traffic Pattern Zone shall not exceed 6 units per acre.
C. Residential dwelling units shall be designed and constructed to achieve an interior noise level of 45
dB.
D. The property owner shall sign an avigation easement granting the right of continued use of the Chico
Municipal Airport in the airspace above the subject parcel and acknowledging any and all existing or
potential airport operational impacts.
E. The project proponents and the County shall devise enhanced airport operations disclosure measures
which include deed notices,public notices,inclusion of Information in the Department of Real Estate
Public Report, and signage along the entrances to the project.
F. All land uses shall be restricted from creating large concentrations of people that would result in the
gathering of more than 25 persons per acre at any one time.
G. Land uses shall be prohibited that create bright lights, smoke, particulate emissions, or allow for the
storage of hazardous, flamable or explosive materials above ground.
H. All project lighting shall be directed within the project site and shielded to prevent adverse impacts
on adjacent properties and aircraft flight activities.
I. Section 3.3 of the Development Agreement shall be modified to reference those conditions required
and recommended in Sections 3. A and 4. "A through H" in the Butte County Airport Land Use
Commission's August 19, 1998 Findings relative to the Draft Development Agreement.
J. Section 3.4 of the Development Agreement shall be revised to reflect the applicant's commitments
to the Board of Supervisors and the ALUC regarding the Airport Land Use Commission's review of
the tentative subdivision map to create the 34 Density Transfer Units (DTU's)within the 126 acre
portion of the property or other property located within the North Chico Specific Plan Area.
The Development Agreement shall stipulate that the tentative subdivision map to create 34 DTU's
within the 126 acre portion of the subject property is to be reviewed by the Airport Land Use
Commission for consistency with the Updated CLUP for the Chico Municipal Airport when adopted
or the existing Chico Municipal Airport Environs Plan, if the CLUP Update has not be completed
within 24 months from the date that the Development Agreement is executed. If the proposal to
create the 34 DTU's within the 126 acre portion of the property is found by the ALUC to be
inconsistent with the applicable Airport Land Use Plan, the property owner/applicant waives their
right to request that the Board of Supervisors adopt Overriding Findings to approve the project.
However, if a finding of inconsistency is made by the ALUC to create the 34 DTU's within the 126
acre portion of the subject property,the property owner/applicant may submit a subsequent tentative
subdivision map to create the 34 DTU's within another property that is located within the North
Chico Specific Plan Area. The tentative subdivision map for such a transfer must also be reviewed
•Butte County •Airport Land Case Commission • 3
by the Airport Land Use Commission for consistency with the applicable Airport Land Use Plan. The
property owner/applicant agrees to waive their right to request that the Board of Supervisors adopt
Overriding Findings to approve the transfer of the units to another property if that proposal is also
found to be inconsistent by the ALUC.
A:\8-19-98.MTG\STEPHENS.FDG
•Butte County *Airport Land Use Commission 0 JI/
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BUTTE COUNTY BOARD of
SUPERVISORS
Applicant: Robert&Ann Stephens
Hearing Date:October 27, 1998 @ 10:00 a.m. Nr
Request: Specific Plan Amendment and Rezone From SR-1/OS to SR-1 on 83 acres andapplying a No Scale
Combining Zone to Approx.230 acres.
RECORDING REQUESTED BY AND
WHEN RECORDED,MAIL TO:
i '
Butte Count
y EXHIBIT
25 County Center Drive
Oroville, California 95965
Attn: County Clerk
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)
ASSIGNMENT AND ASSUMPTION AGREEMENT RELATIVE TO
THE STEPHENS DEVELOPMENT AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (hereinafter "this
Agreement") is entered into this day of , by and between the
Trustee of the Robert and Ann Stephens Charitable Remainder Unitrust (hereinafter
"Landowner"), and (hereinafter "Assignee").
RECITALS
A. On , 199_, Butte County and Landowner entered into that
certain agreement entitled "Development Agreement By and Between Butte County and Douglas
N. Gunn, Trustee of the Robert and Ann Stephens Charitable Remainder Unitrust (hereinafter
"Development Agreement"), pursuant to which Landowner agreed to develop certain property
more particularly described in the Development Agreement (hereinafter "the Subject Property"),
subject to certain conditions and obligations as set forth in the Development Agreement. The
Development Agreement was recorded against the Subject Property in the Official Records of
Butte County on , 199 , in Book , Page , Series No.
B. Landowner entered into a purchase and sale agreement whereby a portion of the
Subject Property will be sold to Assignee, which portion o`the Subject Property is identified and
described in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter
the "Assigned Parcel(s)").
C. Landowner desires to assign all of its interest and rights and other terms and
conditions under the Development Agreement with respect to the Assigned Parcel(s).
D. Assignee desires to assume all Landowner'. rights and obligations and other terms
and conditions under the Development Agreement with respect to the Assigned Parcel(s).
AGREEMENT
1. Landowner hereby assigns, effective as of Landowner's conveyance of the
Assigned Parcel(s) to Assignee, all of the rights, interests,.burdens and obligations of Landowner
under the Development Agreement with respect to the Assigned Parcel(s). Landowner retains
all the rights, interests, burdens and obligations under the Development Agreement with respect
to all other property within the Subject. Property owned -hereby.
EXHIBIT
S -
ll ��
ASSIGNMENT AND ASSUMPTION AGREEMENT RELATIVE
TO THE STEPHENS DEVELOPMENT AGREEMENT
2. Assignee hereby assumes all of the burdens and obligations of Landowner under
the Development Agreement, and agrees to observe and fully perform all of the duties and
obligations of Landowner under the Development Agreement, and to be subject to all of the
terms and conditions thereof, with respect to the Assigned Parcel(s), it being the express intention
of both Landowner and Assignee that, upon the execution of this Agreement and conveyance of
the Assigned Parcel(s) to Assignee, Assignee shall became substituted for Landowner as the
"Landowner" under the Development Agreement with respect to the Assigned Parcel(s).
3. All of the covenants, terms and conditions set forth herein shall be binding upon
and shall inure to the benefit of the parties hereto and their respective heirs, successors and
assigns.
4. The Notice Address described in Section 10 of the Development Agreement for
the Assignee with respect to the Assigned Parcel(s) shall be
5. Nothing in this Agreement is intended to modify or amend the agreement of
purchase andsale entered into by the Assignee and Landowner with respect to the Assigned
Parcel(s) and in the event of any inconsistency between said agreements, the terms and conditions
of such agreement of purchase and sale shall control.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day
and year first above written.
LANDOWNER: ASSIGNEE:
Trustee of the Robert and Ann Stephens
Charitable Remainder Unitrust
By: By:
Its: Its:
2
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4-/
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ORDINANCE NO. 3462
AN ORDINANCE AMENDING THE NORTH CHICO SPECIFIC PLAN
1 The Board of Supervisors of the County of Butte, State of California,
2 ORDAINS, as follows:
3 SECTION 1. The hereinafter described area situate in the County of
4 Butte, State of California, shall be and it is hereby zoned as a SR-1 (Suburban
5 Residential - 1 acre parcel) District, and such area shall be subject to the restrictions
6
and restricted uses and regulations pursuant to the North Chico Specific Plan.
7
Said area so zoned being located in the unincorporated area of Butte
8
County, Chico, more particularly described as follows:
9
10 Beginning at the NW section corner of Section 33, thence along the
north section line at a bearing of N 890 48' 58" E, a distance of 1338
11 ft.; thence S 000 23' 13" E, 1579.38 ft.; thence S 360 07' 43" W,
598.43 ft.; thence along a curve to the left, said curve having a radius
12 of 761.82 ft. a distance of 801.70 ft.; thence S 240 10' 06" E, 321.53
ft.; thence due west a distance of 1026.94 ft. to the westerly line of
13 Section 33; thence N 000 23' 13" E, 3.112.88 ft. to the point of
14 beginning.
i
15 SECTION 2. The hereinafter described area situate in the County of
16 Butte, State of California, shall be and it is hereby zoned as a PD (Planned
17 Development) Combining District, and such area shall be subject to the restrictions
18
and restricted uses-and regulations pursuant to the North Chico Specific Plan.
19
20 Said area so zoned being located in the unincorporated area of Butte
21 County, Chico, more particularly described as follows:
22 Those portions of the NW 1/4 and the SW 1/4 of Section 33, T23N,
R1 E, MDB&M, described as follows:
23
From a point of beginning at the NW section corner of Section 33,
24 T23N, R1 E, MDB&M, thence along the N section line of Section 33 at
25 a bearing of N 890 48' 58" E, for a distance of 1567.83 ft.; thence
southeasterly at a bearing of S 32' 38' 26" E for a distance of 2004.30
26 ft. to Hicks Lane, southerly along the quarter section line of Section
33 at a bearing of S 0° 15' 07" E, for a distance of 936.69 ft. to the
Jn ' IL
I center of Section 33, hence, southerly along the quarter section line
for a distance of approximately 324 ft. to the S easement line of Mud
2 Creek, southwesterly along the easement line of Mud Creek as it
3 exists on October 10, 1998, to the intersection with the W section line
of Section 33, and thence northerly along the section line to the point
4 of beginning.
5 SECTION 3. This Ordinance shall be and it is hereby declared to be
6 in full force and effect from and after thirty (30)days after the date of its passage,
7
and before the expiration of fifteen (15) days after its passage, this
8
Ordinance shall be published once with the names of the members of the Board of
9
10 Supervisors voting for and against it in the Chico Enterprise Record, a newspaper
11 published in the County of Butte, State of California.
12 PASSED AND ADOPTED by the Hoard of Supervisors of the
13 County of Butte, State of California, on the 1st day of December, 1998, by the
14 following vote:
15
AYES: Supervisors Beeler, Dolan, Houx, and Josiassen
16
NOES: None
17
18 ABSENT: None
19 NOT VOTING: Chair Davis
20 0
FRED C. A S, CHAIR
21 Butte County Board of Supervisors
22
23 ATTEST: JOHN S. BLACKLOCK, Chief Administrative
Officer and Clerk of the Board
24
25
26
lerk
Pursuant to Government Code Sec. 25124(c) :
Publication date: January 4, 1999
Effective date: February 3, 1999
Point Northing Easting Elevation Description r D
m 7
-----------------------------------------P——————— z m-
1 5000.0000 10000.0000 point D 7
2 5004.2900 11337.9900 point = W,
33424.9500 11348.6600 point L7
CO� no
4 2941 .6000 10995.8300 point
5 2180.5500 10916.0900 point
6 1887.2100 11047.7300 point 00 Ln �
7 1887.2100 10020.7900 point ro ON
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FRYM PRECISION SURVEYING PHONE NO. 530 865 0162 May. 14 2002 O1:18PM P1
PRECISION SURVEYING
797 Fft Sb et Phone 530-8654194
O/ftnQ CA 95963 Fax 530-8&-,-0162
I obffiD 530Q49-1729
FAX A1 '
DATE J ✓-
to
FAX SS38 -9 y�s-
SHEAY 10 FOUDW /
D
EC� � O � �
MAY 1 4 2002
BUTTE COUNTY
PLANNING DIVISION
4, As i
b
FROM PRECISION SURVEYING PHONE NO. : 530 865 0162 May. 14 2002 01:19PM P2
Boundazy/Alignment Inverse Report
Tue May 14 13:49:08 2002
Fzoject:
Inverse of Lot 1
1 N:5000.00' E:10000.00'
N 89°48'56" E 2338.00'
2 S 00'23'13 N:5004.29' E:11337.99'
" E 1579.38'
3 N:3424.95' E:11348.66'
S 36°07.93" w 598.43'
4 Curve Parameters N:2941.60' E:10995.83' (PC of curve)
Direction: Left/Counter-clockwise
Radius Pt at N:2492.43 E:11611.14
Delta =60°17142" Left/Counter-clockwise
Radius =761-82
Arc Length -801.70
Tangent Length =442.46
Chord Length 4765.21
Chord Beaking =S 05°58152" w
PC Tang Bearing=S 36007'43" w
PT Tang bearing=S 24°09'59" E
PC->RP Bearing =S 53952117" E
RP->PT Bearing =S 65°50`01" w
6 N:2180.55' E:10916.09'
S 24'10'06•' E 321.53'
7 N:1887.21' E:11017.73'
s 9000'00" w 1026.94'
8 N:1867.21• E:10020.79'
N 00022158" W 3112.86'
1 000.00• E:10000.00'
Perimeter: 8778.84. OArea: 82.99 acres 3615192.86 sq ftpprecision: Perfect 0
eVex-. 716
r
1
Butte County
Inter-Departmental Memorandum
To: Daniel Breedon, Senior Planner
From: Ted Crawford, Fire Department
Subject: Pre-development Review, AP 47-25-141
Date:,August 13, 2001
The following is the Butte County Fire Department requirements for the proposed
126 residential parcels subdivision on 300 acres in the north Chico area between
Hicks Lane and Garner Lane:
1. A community pressurized water system for fire protection is required. The
specific location of the fire hydrants will be made by the Butte County Fire
Department in consultation with the developer. The required hydrant spacing is
500 feet, 6 inch hydrant size, and a residual flow of 750 gallons per minute for 2
hours. Submit plans to the Fire Department for review and approval prior to
construction of facilities. Details of the system on attachment#1.
2. If a local water purveyor is not available in the area, a County'Service Area
(CSA) must be established for the annual testing, repairs and long term
maintenance of the system.
3. Since the property is within the State responsibility area of Butte County, all new
structures must meet the fire safe regulations of Butte County and PRC 4290.
These are preliminary requirements and may be changed as the project changes. If
there are any questions please contact me at 538-7994.
CC: B. Holmes
B. Redding
S. Fowler
Chrono
D
ECC0VE
AUG 14 2001
BUTTE COUNTY
PLANNING DIVISION
LJLC,, ,,
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Attachment# 1
The following are the Butte County Fire Department minimum requirements for a
private or CSA maintained pressurized fire protection system:
1. The required flow rate, hydrant size and spacing will be outlined on the original
request.
2. The plans for the location of the hydrants must be presented to the Fire
Department for approval.
3. The size of the water mains will be shown of the plans and approved by the fire
department.
4. The pump and electrical panel must be enclosed in a lockable structure for
freeze protection and for security purposes.
5. The building must be designed for easy access for future lifting of the pump and
maintenance.
6. The exposed plumbing components must be protected against freezing.
7. The type, size and components of the pump system must be submitted to the
Fire Department prior to construction.
8. The system must have a surge tank for handling pressure surges.
9. An auto-start back up generator may be required.
10. All components of the system must meet the minimum requirements of the
local water purveyor.
8-13-01
•r 1. ' � �T.r' ..'.• .r 1 .jam., .i.n�. .. +1.' �`•.. L4•.�h'•_r.+..),,1 ..
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w ' .r.- .'
c .
Mary Anne Houx Curt Josiassen Ktm Yamaguchi Jane Dolan RJ.(Bob)' r Frank Cook Richard Keene
Supervisor= Supervisor Bor Supervisor Supervisor Mayor Councilman
Go°nty Aja
�, po
(530)891-2882 Lawrence D.Odle
(530)891-2878 Fax Air Pollution Control Officer
en, nt OiS�t
August 16, 2001
Daniel Breedon, Butte County Department
of Development Services Planning Division
7 County Center Drive
Oroville, CA 95965
Re: Pre-application review for Sierra Moon Subdivision
Dear Mr. Breedon:
The District has reviewed the request for comments for a pre-development conference for a
Tentative Subdivision Map proposing 126 residential parcels to be located on a 300-acre parcel
located west and adjacent to Hicks Lane in the North Chico area. The District will not be able to
attend the conference, however, submits the following comments. Based on the information
submitted the District recommends conducting an air qualiy analyses, in particular the computer
model URBEMIS, which performs estimates on indirect source emissions from land use
developments based on vehicle trip generation. If the project has projected emissions greater than
level B (reference BCAQMD Indirect Source Review Guidelines) apply all feasible mitigation
measures for construction and/or operation from the list of recommended mitigation measures. All
projects contribute to cumulative air quality impacts and should employ the appropriate standard
mitigation measures at a minimum.
Thank you for the opportunity to comment on the proposed project. If you have any questions,
please contact the District at 891-2882.
Sincerely,
Gail Williams
Air Quality Planner D
BUTTE COUNTY
p�ANNING OIV�SI�N
File No 3451.1
f:\apps\wpdocs\eir\bcpreconferencesierra moon.doc
2525 Dominic Drive,Suite J•Chico,California 95928
1, �.tL!: ''�'. ?A
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Breedon, Dan
From: Edell, Stuart
Sent: Monday, July 09, 2001 9:21 AN1
To: Breedon, Dan
Cc: Crump, Mike; Madden, Mike
Subject: RE: Connector Canal, Keefer Slough - Mud Creek
Further review and analysis has been done by the Corps and the diversion of flood flows from Keefer Slough to
Sycamore Mud Creek has been dropped for several reasons. The primary reasons being the stranding of andromonous
fish and the need to improve capacity in the existing flood control facility for the additional flood flows.
Stuart Edell, P. E.
7 County Center Drive
Oroville, CA 95965
Telephone (530) 538-7266
Fax (530) 538-7683
email sedell@buttecounty.net
-----Original Message-----
From: Breedon, Dan
Sent: Friday, July 06, 2001 4:13 PM
To: Edell, Stuart
Subject: Connector Canal, Keefer Slough - Mud Creek
Stu,
A predevelopment review will be conducted for a proposed subdivision of the Stephens property (this has not been
scheduled yet). A 126 parcel subdivision is proposed for the property, in accordance with an approved development
agreement. In researching some of the background material, it appears that a major facet of the Development
agreement is an easement dedication for a canal to connect Keefer Slough with Mud Creek. Staff Reports completed in
1998 indicate that the utility of such a canal had not been determined, but that further study by ACOE would ocurr. My
question to you is if any further information is available about the necessity/utility of this canal? I am only interested for
my own edification, and to the extent that it will help in the analysis of this proposal.
Thanks. -Dan
1.
1
�I ORDINANCE NO. 3463
AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR CERTAIN
REAL PROPERTY LOCATED ON THE WEST SIDE OF HICKS LANE, NORTH OF
MUD CREEK AND SOUTHERLY OF THE NORTH LINE OF SECTION 33 T.23N.
R.1 E.
1
2 The Board of Supervisors of the County of Butte, State of California, under
3 and pursuant to California Government Code Section 65864 et seq., Butte County Board of
4 Supervisors Resolution 84-160,and Section 24-25.40 of the Butte County Code,ORDAINS,
5 as follows:
6
SECTION 1. That the Development Agreement with Robert and Ann
7
Stephens in the form attached hereto as Exhibit "A" and incorporated herein by this
8
9 reference, is approved.
10 SECTION 2. The Chairman is authorized to execute the Development
11 Agreement in the form attached.
12 SECTION 3. Following the complete execution of the Development
13 Agreement,the Clerk of the Board of Supervisors shall cause a copy thereof to be recorded
14
with the Butte County Recorder.
15
SECTION 4. This Ordinance is hereby declared to be in full force and
16
17 effect thirty(30) days after the date of it's passage and before the expiration of fifteen(15)
18 days after it's passage,this Ordinance shall be published once with the names of the members
19 of the Board of Supervisors voting for and against it in the Chico Enterprise Record, a
20 newspaper published in the County of Butte, State of California.
21 PASSED AND ADOPTED by the Board of Supervisors of the
22
County of Butte, State of California, on the 1st day of December, 1998, by the following . .
23
24 vote:
25 AYES: Supervisors Beeler, Dolan, Houx, and Josiassen
26 NOES: None
1 ABSENT: None
2 NOT VOTING: Chair Davis
3
"I�ozl
4 XVed C. Davis, CHAIR
Butte County Board of Supervisors
5
6 ATTEST: JOHN S. BLACKLOCK, Chief Administrative
7 Officer and Clerk of the Board
8
9
10 Jerk
11 Pursuant to Government Code Section 25124;c) :
Publication date: January 4, 1999
12 Effective date: February 3, 1999
13
14
15
16
17
18
19
20
21
22'
23
24
25
26
SR-
efer Roa
i
Shaded Area Is
PLANNED DEVELOPMENT
® COMBINING ZONE
id1o're
Bios
CD. - ...
SR-1/OSV.
SWK:
SR-1 -1 M-1
R-2
F - City of Chico..:
P-Q C-1 x
Pro lect LocaBon
-Q R- DA-1
-2 3 EXHIBIT �— Note: The Development Agreement by and between .Butte
County and Douglas N. Gunn, Trustee of the Robert and
Ann Stephens Charitable Remainder Unitrust, et.al, refe___d
to as Exhibit "A" in Ordinance 3463 and incorporated
therein by reference, is on file with the Clerk of the
Board of Supervisors and is available for public inspection
at the office of the Clerk of the Board, 25 County
Center Drive, Oroville, Monday through Friday, 8:00 a.m.
BUTTE COUNTY BOARD of SUPERVISORS to 5:00 p.m. All maps included in Exhibit "A" are being
Appucant:Robert&Ann Stephens owner. Same published with Ordinance 3463
fieariog Date:October 27,1998 @ 10:00&M E i d g Zone: various N
Request: Specific Plan Amendmart and Remnc From SR-1/0S td SR-1 on 83 sues and applying a No Scale
P-D Combo ing Zone to Approx.230 acres. Assessor Parcel No: 047-250.141 ptn bile:SPA 97-01
DRAINAGE EXHIBIT
for
STEPHENS DEVELOPMENT AGREEMENT
.. . ...... ........... .
.... .... Shaded Area
subject to
......... .
T11-117' Development Agreement
4f
82 ft.wide
Drainage Easement
. . . . . . . . . . .
to be deeded to
Butte County
.1 -P
---------------
.................... 047-250-141
0 Easement
m
d to
County
M-1 M-1 EXHIBIT EXHIB
R-2
City of
P-Q C-1
ca
R �_1 N
-
utteCoun
LAND OF NATURAL WEALTH AND BEAUTY
y PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397
TELEPHONE: (530)538-7601
FAX: (530)538-7785
August 1, 2001
Mr. Stephen J. Schuster
3406 Keefer Road
Chico, CA 95973
Dear Mr Schuster:
Subject: Pre-application Review,APN: 047-710-010, for Stephen J. Schuster,
Sierra Moon Subdivision
This letter is to inform you that a pre-application conference has been scheduled for August 24,2001
at 10:00 a.m. in the Butte County Department of Development Services Conference Room. Your
attendance at this meeting is requested.
Should you have any questions or need any additional information, please feel free to call me at
(530)538-7629, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday.
erely,
aniel C. Breedon
Senior Planner
Y
IJG� • •
` NOE/NOD OTHER APPLICANT RECEIVED FROM
PUBLIC ENV. FIRE -
DATE 'RECEIPT TOTAL PUBLIC LgFCO PLANNING SALES HEALTH FIG FEE
NO. RECEIVED WORKS
RECEIPT 19553
OFFICIAL RECEIPT
COUNTY OF BUTTE
STATE OF CALIFORNIA
OFFICE OF PLANNING
Is
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COUNTY OF BUTTE
AIRPORT LAND USE COMMISSION
Minutes of August 19, 1998
1 Chairman Hennigan called the meeting to order at 9:05 a.m., August 19, 1998, in the Butte County Board
2 of Supervisor's Chambers, 25 County Center Drive, Oroville, California.
3
4 A. PLEDGE OF ALLEGIANCE
5
6 B. ROLL CALL Present: Commissioners Koch,Rosene,Hodges,Hatley, Gerst,
7 Papadakis and Chairman Hennigan
8
9 Absent: Commissioner Hatley arrived prior to Agenda Item
10 E.5.
11
12 Alternates Present: Brian Baldridge
13 Chester Ward
14 Donald Wallrich
15
16 C. APPROVAL OF THE MINUTES of July 15, 1998.
17
18 The Commission had the following corrections to the minutes: On page 2, line 42, the applicant
19 acquired the property in 1978 not 1961,and page 4, line 25,the City of Chico adopted their General
20 Plan in 1994 not 1999.
21
22 It was moved by Commissioner Koch,seconded by Commissioner Rosene,and approved to approve
23 the minutes of July 15, 1998, as corrected.
24
25 The motion passed by the following vote:
26 AYES: Commissioners Rosene, Gerst, Koch, Hodges, Papadakis, and Chairman Hennigan
27 NOES: None
28 ABSENT: Commissioner Hatley
29 ABSTAIN: None
30
31 D. ACCEPTANCE OF THE AGENDA
32
33 It was moved by Commissioner Gerst,seconded by Comm_ssioner Koch,to move Business Item E.3.
34 to E.1.,Business Item E.5 to E.2., and add the Supplemental Agenda item to the end of the Regular
35 agenda.
36
37 The motion passed by the following vote:
38 AYES: Commissioners Rosene, Gerst, Koch, Hodges, Papadakis, and Chairman Henhigan
39 NOES: None
40 ABSENT: Commissioner Hatley
■ Butte County Airport Land Use Commission 0 Minutes of August 19, 1998 ■ Page 1 ■
1 ABSTAIN: None
2
3 Chairman Hennigan introduced his new alternate, Donald Wallrich, at this time.
4
5 E. BUSINESS ITEMS:
6
7 ITEMS WITH PUBLIC HEARINGS
8
9 The following items were taken out of order consistent with the Commission actions under
10 "Acceptance of the Agenda."
11
12 3. Possible Amendments to the ALUC By-Laws
13
14 It was moved by Commissioner Koch, seconded by Commissioner Papadakis, to approve both
15 amendments to the By-Laws with the new language pres.nted in Agenda Item-E.3., dated August
16 11, 1998,regarding Alternate Commissioner Participation at Meetings and Committee Membership.
17
18 The motion passed by the following vote:
19 AYES: Commissioners Rosene, Gerst, Koch, Hodges, Papadakis, and Chairman Hennigan
20 NOES: None
21 ABSENT: Commissioner Hatley
22 ABSTAIN: None
23
24 Commissioner Hatley was present at this time
25
26 5. ALUC Review of Proposed Butte County Flexible Lot Size Ordinance
27
28 Mr. Parilo summarized the proposed Flexible Lot Size Ordinance prepared by the Department of
29 Development Services. He mentioned that the Planning Commission made a recommendation to
30 support the concept at their July 23, 1998 meeting, and that it is scheduled to be considered by the
31 Board at their September 22, 1998 meeting for possible adoption.
32
33 Chairman Hennigan said he would like to see more information from someone with resources like
34 the University of California Berkeley,Institute of Transportation Studies,before changing ALUC's
35 policies near the airport.
36
37 Mr. Parilo said clustering will result in a greater amount of Open Space,to which a disabled aircraft
38 could possibly direct an emergency landing.
39
40 Members of the Commission expressed support for clustering in certain locations such as Timber
41 areas and locations with high fire hazards, but had considerable reservations regarding application
42 of the ordinance within the airport areas of influence.
43
44 It was moved by Commissioner Gerst; seconded by Commissioner Koch, and carried unanimously
45 that application of the proposed ordinance exclude the adopted Airport Planning Areas until the
■ Butte County Airport Land Use Commission ■ Minutes of August 19, 1998 ■ Page 2 ■
L 1
1 Comprehensive Land Use.Plans are complete, at which time, the Airport Land Use Commission
2 could revisit the ordinance and address its application within those areas.
3
4 Mr. Parilo questioned if this was a recommendation that the Board specifically preclude this
5 ordinance from applying to the airport planning areas?
6
7 Commissioner Koch said yes. He also added that after the updated CLUP's have been adopted, as
8 a secondary issue the ALUC will review and consider application of the Flexible Lot Size Ordinance
9 within the Airport Planning Areas and may make specific recommendations to the Board that they
10 change the ordinance in some way.
11
12 Mr.Parilo asked that if the Board feels that it should apply the ordinance now,would the ALUC like
13 to offer any other specific recommendations that the Board could consider including into the Flexible
14 Lot Size Ordinance?
15
16 Commission members responded that without more information from the CLUP consultant or other
17 credible sources,they did not feel comfortable making sp--cific recommendations and chose to adopt
18 the motion made by Commissioner Gerst.
19
20 Chairman Hennigan directed staff to develop guidelines for addressing cluster development with
21 airport areas,particularly with the cooperation of the CLUP consultant or pointing the ALUC to the
22 proper resources, such as copies of studies other agencies have produced.
23
24 1. ALUC File No.A98-09(Butte County Use Permit UP98-27-Ruddy Creek Partnership)
25 on APN 030-360-082, 083 and 084
26
27 Ms. Webster summarized the Staff Report for the project.
28
29 Commissioner Gerst questioned the accuracy of the site map and how it was produced regarding the
30 location of the Inner Turning Zone.
31
32 Ms. Webster stated that the site map was prepared by the County's Geographic Information System
33 (GIS)staff based upon Figure 9G in the 1993 Airport Land Use Planning Handbook,and she believed
34 it to be accurate.
35
36 Commissioner Gerst recommended if the project was to be approved that the project be set on four
37 units per acre, and not worry about eliminating lots or spaces from the southwest corner of the
j 38 property.
39
40 Chairman Hennigan opened the hearing to the public
41
42 Chuck LaFlamme,Ruddy Creek Partnership, said he was present today to answer any questions the
43 Commission might have regarding his project.
44
45 Commissioner Rosene questioned the construction of the manufactured homes.
■ Butte County Airport Land Use Commission ■ Minutes of August 19, 1998 ■ Page 3 ■
1 Mr. LaFlamme said they are high in quality,and comparable to a site built single family home. The
2 exterior walls should be 2x6 construction, R30 installation, and double glazed windows. He
3 mentioned that a factory in Sacramento will probably be doing the construction of these homes.
4
5 Commissioner Rosene brought up safety concerns if an emergency landing was to take place. He
6 also wanted to known the construction of the walls,and if Mr. LaFlamme had any concerns with the
7 noise levels, because the project is located beyond the 55 dB range.
8
9 Mr. LaFlamme said he would find out the information for Commissioner Rosene.
10
11 Chester Ward asked if sound proofing the units to achieve an interior noise level of 45 dB could be
12 made one of the conditions.
13
14 The hearing was closed to the public.
15
16 It was moved by Commissioner Gerst, seconded by Commissioner Rosene, to find the project
17 consistent with the 1985 Oroville Airport Comprehensive Land Use Plan, subject to the following:
18
19 A. The project density should be reduced to not more than 4 dwelling units per acre.
20
21 B. The property owner shall sign an avigation easement granting the right of continued use of
22 the Oroville Municipal Airport in the airspace above the subject parcel and acknowledging
23 any and all existing or potential airport operational impacts.
24
25 C. An advisory notice shall be written into the rental agreement for all future tenants which
26 notifies them of the project's location in proximity to the Oroville Municipal Airport and the
27 potential for noise related impacts associated with flight operations. A signature line shall
28 be provided which indicates the tenant's acknowledgment of the notice and waiver from
29 initiating future litigation against the Oroville Municipal Airport.
30
31 D. Residential dwelling units shall be designed and constructed to achieve an interior noise level
32 of 45dB.
33
34 E. All projects lighting shall be directed within the project site and shielded to prevent adverse
35 impacts on adjacent properties and aircraft flight activities.
36
37 The motion passed by the following vote:
38 AYES: Commissioners Rosene, Gerst,Hatley,Hcdges,Papadakis, and Chairman Hennigan
39 NOES: Commissioner Koch
40 ABSENT: None
41 ABSTAIN: None
42
43 2. Butte County Development Agreement(DEV99-01-Robert and Ann Stephens/George
44 Kammerer) on APN 047-250-141
45
■ Butte County Airport Land Use Commission 0 Minutes of August 1.9, 1998 ■ Page 4 ■
c
1 Ms. Webster summarized the Staff Report and Draft Agreement.
2
3 Mr. Parilo said that in previous presentations to the Board the applicant's representative committed
4 to a requirement that ALUC review the Tentative Map for the 34 units,however,the current draft of
5 the agreement does not say that.
6
7 Ms.-Webster suggested the removal of the top portion of Section 3, Item J. of the recommended
8 conditions, because the agreement is connected to the completion of the CLUP update. She also
9 recommended that the second half of Item J. be modified to delete the current procedures language,
10 and that it be replaced with "the applicants previous commitment to the Board of Supervisors
11 regarding Airport Land Use Commission review of the tentative subdivision map for the 34"density
12 transfer units" (DTU's)."
13
14 Commissioner Papadakis asked if the promise of an easement for drainage by the applicant, could
15 be the reason the ALUC is reviewing this project again?
16
17 Mr. Parilo stated that an easement has nothing to do with a recommendation for finding of
18 consistency. However, the applicant is offering an easement to the County for purposes of creating
19 a canal, along the western portion of the property. A drainage bypass canal from Keefer Slough to
20 Mud Creek could possibly be the solution to drainage problems in the area. At this time, the issue
21 being addressed is flooding within the North Chico Specific Plan Area. The Department of Public
22 Works is currently engaging in a planning process with the Corp. of Engineers to develop a solution.
23 The earliest that a plan will be in effect will be a six montes to one year time from the time the Corp.
24 of Engineers starts their planning effort in October of this year.
25
26 Commissioner Gerst suggested holding off on the project until there are answers to the problems that
27 exist in that area.
28
29 Mr. Parilo pointed out that it is ultimately a policy decision for the Board of Supervisors.
30
31 Commissioner Koch asked if the Commission finds this project inconsistent,would the Board have
32 to make an overriding finding?
33
34 Mr. Parilo said that this was a legislative action and if t--,-le Commission finds it inconsistent, they
35 would have to state why. Then, the Board would have to make overriding findings to approve the
36 agreement.
37
38 Commissioner Gerst feels that the project is inconsistent with the 1978 CLUP, and the Commission
39 could make that finding. He would like the new CLUP to be completed before making a decision.
.40
41 Chairman Hennigan opened the hearing to the public
42
43 George Kammerer, Attorney and representative for the applicant, said there have been several
44 conditions added to make the project consistent with the current 1993 Caltrans Handbook. He
45 pointed out that not only is it consistent with the 1978 CLUP,but also with requirements specified
• Butte County Airport Land Use Commission ■ Minutes of August 19, 1998 ■ Page 5 ■
1 within the Caltrans Handbook. He wanted to clarify that the terms of the development agreement
2 regarding the subdivision map for the additional 34 units will be modified so that the project will
3 voluntarily be brought back to ALUC for review. He said that the applicant will agree with the two-
4 acre limitation in the Inner Turning Zone as proposed by staff.
5
6 Chairman Hennigan read a letter dated August 19, 1998, to the Chairman-from Wendy Coggins, a
7 member of the City of Chico Airport Commission, on questions and concerns she had with the
8 development of the Stephens property.
9
10 Barbara Hennigan presented a copy of a map used by the Board when they made overriding findings
11 to adopt C.S.A. 87, and an accident scatter map for the Chico Municipal Airport that is based on the
12 Caltrans Handbook.
13
14 Mr. Kammerer stated the project is shown as potentially affected by the accident scatter map.
15 However, the scatter map is theoretical not actual. He noted that on page 9-17 of the Caltrans
16 Handbook based per acre in the Inner Turning Zone with a runway length of 6,000 feet or more there
17 is a three hundredth of 1% chance that an accident would occur.
18
19 Chairman Hennigan mentioned that the best thing that could happen is an extension of the runway
20 at the Chico Municipal Airport,in which case the project would become sideline property instead of
21 approach zone property.
22
23 Mr. Kammerer agreed. He further stated to the Commission that he is here today for ALUC to find
24 the proposal consistent with the 1978 CLUP, but welcomed the Commission to make
25 recommendations to increase airport land use compatibility.
26
27 Chairman Hennigan suggested that an 8,125 square foot minimum lot size be established as a.
28 requirement of consistency with the 1978 CLUP.
29
30 Mr. Parilo noted that the minimum lot size was tied to the type of sewage disposal that is provided
31 and that the minimum would be 6,500 square feet if the lots were serviced by a public sewer system.
32 Mr. Parilo also brought up the fact that a Tentative Map is not required to be reviewed by ALUC.
33 Once an action has been found consistent with the CLUP,ALUC has no jurisdiction. However,the
34 applicant is giving ALUC jurisdiction on the 34 units. This concession should be reflected in the
35 Development Agreement.
36
37 The hearing was closed to the public.
38
39 Chairman Hennigan suggested that a preamble be prepared describing the essential services;
40 emergency, medical, freight, and passage services, disaster relief, law enforcement, and natural
41 resource's management that the Chico Municipal Airport makes possible and to request the Board
42 not act until the CLUP has been completed.
43
44 Commissioner Koch said that the emphasis on the preamble should be that the Master Plan and CLUP
45 process are underway.
■ Butte County Airport Land Use Commission ■ Minutes of August 19, 1998 ■ Page 6 ■
1 It was moved by Commissioner Rosene, seconded by Commissioner Hodges, and carried
2 unanimously that a recommendation be made that the Board of Supervisors delay action on the
3 Development Agreement until the new CLUP is complete, and that a preamble be added describing
4 the essential services provided by the Chico Municipal Airport as listed above.
5
6 There was discussion of the recommended conditions fisted in Section 4, and the Commission's
7 changes to several of them. The Commission also discussed the concept that if the 34 units were
8 found to be inconsistent. The agreement could be modified to allow those units to be transferred to
9 some other property within the Specific Plan area if the applicant would give up the right to a Board
10 override, and agree to ALUC having the final project review.
11
12 Mr. Kammerer said that as a show of good faith the applicant would be willing to do that.
13
14 It was moved by Commissioner Hodges, secondedby Commissioner Papadakis, that the project be
15 found consistent with the 1978 CLUP subject to the following:
16
17 Required Conditions:
18
19 A. The consistency finding for the project is contingent upon the requirement that the minimum
20 lot size for any parcel is not less than 8,125 square feet if served by individual wells and on-
21 site sewage disposal systems, or 6,500 square feet if public sewage disposal service is
22 provided.
23
24 Recommended Conditions:
25
26 A. Residential development shall be restricted to those portions of the 126 acre SR-I/PD area
27 that are located outside of the projected 55 dB CNEL contour a depicted on Drawing(CIC-3)
28 within the Chico Municipal Airport Environs Plan.
29
30 B. Residential densities within the Inner Turning Zone shall be restricted to the densities
31 recommended within the 1993 Airport Land Use Planning Handbook (no more than one
32 dwelling unit per two acres) to protect the safety of aircraft and.persons on the ground.
33 Residential densities within the Traffic Pattern Zone shall not exceed 6 units per acre.
34
35 C. Residential dwelling units shall be designed and constructed to achieve an interior noise level
36 of 45 dB.
37
38 D. The property owner shall sign an avigation easement granting the right of continued use of
39 the Chico Municipal Airport in the airspace above the subject parcel and acknowledging any
40 and all existing or potential airport operational impacts.
41
42 E. The project proponents and the County shall dev_se enhanced airport operations disclosure
43 measures which include deed notices, public notices, inclusion of information in the
44 Department of Real Estate Public Report, and signage along the entrances to the project.
45
■ Butte County Airport Land Use Commission ■ Minutes of August 19, 1998 ■ Page 7 ■
I�
1 F. All land uses shall be restricted from creating large concentrations of people that would result
2 in the gathering of more than 25 persons per acre at any one time.
3
4 G. Land uses shall be prohibited that create bright lights,smoke,particulate emissions,or allow
5 for the storage of hazardous, flamable or explosive materials above ground.
6
7 H. All project lighting shall be directed within the project site and shielded to prevent adverse
8 impacts on adjacent properties and aircraft flight activities.
9
10 I. Section 3.3 of the Development Agreement shall be modified to reference those conditions
11 required and recommended in Sections 3. A and 4. "A through H" in the Butte County
12 Airport Land Use Commission's August 19, 1998 Findings relative to the Draft Development
13 Agreement.
14
15 J. Section 3.4 of the Development Agreement shall be revised to reflect the applicant's
16 commitments to the Board of Supervisors and the ALUC regarding the Airport Land Use
17 Commission's review of the tentative subdivision map to create the 34 Density Transfer Units
18 (DTU's) within the 126 acre portion of the property or other property located within the
19 North Chico Specific Plan Area.
20
21 The Development Agreement shall stipulate that the tentative subdivision map to create 34
22 DTU's within the 126 acre portion of the subject property is to be reviewed by the Airport
23 Land Use Commission for consistency with the Updated CLUP for the Chico Municipal
24 Airport when adopted or the existing Chico Municipal Airport Environs Plan, if the CLUP
25 Update has not be completed within 24 months from the date that the Development
26 Agreement is executed. If the proposal to create the 34 DTU's within the 126 acre portion
27 of the property is found by the ALUC to be incons stent with the applicable Airport Land Use
28 Plan,the property owner/applicant waives their right to request that the Board of Supervisors
29 adopt Overriding Findings to approve the project. However, if a finding of inconsistency is
30 made by the ALUC to create the 34 DTU's within the 126 acre portion of the subject
31 property, the property owner/applicant may submit a subsequent tentative subdivision map
32 to create the 34 DTU's within another property that is located within the North Chico Specific
33 Plan Area. The Tentative Subdivision Map for such a transfer must also be reviewed by the
34 Airport Land Use Commission for consistency with the applicable Airport Land Use Plan.
35 The property owner/applicant agrees to waive their right to request that the Board of
36 Supervisors adopt Overriding Findings to approve the transfer of the units to another property
37 if that proposal is also found to be inconsistent by the ALUC.
38
39 The motion passed by the following vote:
40 AYES: Commissioners Hatley, Hodges, Papadak_s, and Chairman Hennigan
41 NOES: Commissioner Gerst, Koch, and Rosene
42 ABSENT: None
43 ABSTAIN: None
44
45 ITEMS WITHOUT PUBLIC HEARINGS
■ Butte County Airport Land Use Commission ■ Minutes of August 19, 1998 ■ Page 8 ■
i O
1 4. Consultant Selection for Butte County Comprehensive Airports Land Use Plan
2
3 There was discussion of the staff recommendations, and Commission's options.
4 Chairman Hennigan recommended that there be additional updating to the City of Chico Noise Study.
5
6 Commissioner Koch stated that the Airport Manager will not recommend the Airport Commission
7 approve funding for an additional Noise Study, because the City does not believe it is necessary.
8 However, if additional funds are needed for the CLUP the City may be interested in contributing to
9 that.
10
11 Brian Baldridge questioned the cost of the City's FAR Part 150 Noise Compatibility Study?
12
13 Commissioner Koch stated the cost of the Study was $110,000.00.
14
15 It was moved by Commissioner Koch, seconded by Commissioner Rosene, to recommend Option
16 1,that the Board of Supervisors approve the selection of Shutt Moen Associates as the consultant for
17 preparation of the Butte County Comprehensive Airports Land Use Plan for a contract amount equal
18 to the full amount of the CAAP grant allocation ($81,000) and a total project amount of$90,000
19 (including a 10% staff "in kind service" match) and to remove the non grant eligible item of
20 preparing airport diagrams for the two privately owned airports from the work program.
21
22 The motion passed by the following vote:
23 AYES: Commissioners Gerst, Rosene, Koch, Hatley, Hodges, Papadakis, and Chairman
24 Hennigan
25 NOES: None
26 ABSENT: None
27 ABSTAIN: None
28
29 The Commission then discussed the option of having the Chairman write a letter to the Chico Airport
30 Commission requesting to enter into negotiations to provide funding for the evaluation of the noise
31 calculations used in the FAR Part 150 Noise Study and that the item be placed on their next agenda
32 for discussion.
33
34 It was moved by Commissioner Rosene, seconded by Commissioner Papadakis, to enter into
35 negotiations with the City of Chico Airport Commission to fund the update for the evaluation of the
36 noise calculations used for the Chico Municipal Airport in the FAR Part 150 Noise Study.
37
38 The motion passed by the following vote:
39 AYES: Commissioners Rosene,Gerst,Hatley,Hodges,Papadakis,and Chairman Hennigan
40 NOES: Commissioner Koch
41 ABSENT: None
42 ABSTAIN: None
43
44 6. ALUC Review of Procedures for Staff Courtesy Comments to Agencies
45
■ Butte County Airport Land Use Commission ■ Minutes of August 19, 1998 ■ Page 9 ■
' I ,
--
'; Suffe, Count
LAND OF NATURAL WEALTH AND BEAUTY
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE OROVILLE,CALIFORNIA 95965-3397
TELEPHONE: (530)538-7601
FAX: (530) 538-7785
August 1, 2001
Local Agencies and Departments:
Subject: Pre-application Review,APN: 047-250-141,for Stephen J. Schuster,
Sierra Moon Subdivision
The Butte County Department of Development Service,Planning Division has received a request for a pre-
application conference regarding a Tentative Subdivision Map proposing 126 residential parcels to be
located on a 300 acre parcel. The property is currently zoned SR-1/PD (Suburban Residential, 1-acre
parcels, Planned Development) and OS/PD (Open Space, Planned Development) and is designated
Agricultural Residential by the General Plan. On-site sewage-disposal is proposed by way of community
system. Water supply is proposed by individual domestic wells. The property is located west of and
adjacent to Hicks Lane, approximately one-half mile south of Keefer Lane, in the North Chico area.
The project is located within the North Chico Specific Plan Area, and is subject to an approved
Development Agreement, a copy of which is attached for review with the application materials. The
project is also located within the 2000 Airport Land Use Co_npatibility Plan(ALUCP) for the Chico
Municipal Airport.
The purpose of the meeting is to inform the applicant of local or state requirements that may apply to their
project. This allows the applicant to incorporate those requirements into the design of the project when the
actual application is made.
The pre-application conference will be held in the Department cf Development Services' conference room
located at 7 County Center Drive, Oroville, on August 24, 2001 at 10:00 am. If your department has
concerns or comments regarding the proposal,please have someone attend or submit written comments to
this department prior to the meeting date. Comments may be sent to the above address or faxed to
(530)538-7785 attention Dan Breedon,prior to the meeting date. If you have any questions please contact
me at(530)538-7629.
)7(7�
Thank you.for your anticipated cooperation in this matter.
S'
Daniel C. Breedon
Senior Planner
Enclosures
cc: Butte County Public Works, Land Development Division
Butte County Environmental Health, Chico
Butte County Local Agency Formation Commission(LAFCo)
Butte County Airport Land Use Commission(ALUC)
Butte County Air Quality Management District
Central Valley Regional Water Quality Control Board
California Department of Transportation
Ted Crawford, California Department of Forestry
City of Chico Planning Department
Chico Area Parks &Recreation District(CARD)
Henri Lomelli, California Department of Fish& Game
County Counsel
DEPARTMFNT OF DEVELOPMFNT SERVICES .
BUTTL .'OUNTY UNIFORM APP__CATION
APPLICANT: Aeent information to be provided is on other side:
APPLICA T'S NNOE(If applicanis different f m owne an affidavit is required.) ASSESSOR'S PARCEL NUMBER:
t/�7
ADDRESS: CITY,STATE&ZIP CODE: FILE NUMBER: (FOR OFFICE USE)
NAME OF PROPOSED PROJECT(If any) TELEPHONE
LOCATION QF PI JECT(Ma' r cross streets and Address, if any)
t <
GENERAL INFORMATION REQUIRED ,
OWNER'S NAME , TELEPHONE
( )
ADDRESS: CITY.STATE&ZIP CODE:
ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE(in Square Feet or Acres)
tilpD , C�
EXISTING STRUCTUI&S(in Square t) PROPOSED STRUCTURES(in Square Feet)
(Check One) (Check One)
0 PROPERTY IS OR PROPOSED TO BE SEWERED PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER
PROPERTY IS OR PROPOSED TO BE ON SEPTIC XC3 PROPERTY IS OR PROPOSED TO BE ON WELL WATER
r,
is ~ )-- ,.` ._xi L .•, :.,>,,},,,. > ' c s C 'r ti } t -.ti. lt,
.�. ,.t......ryvAPPLI ATI N
REQUESTED x4':
-
�ti?>
0 'G ENERAL PLAN AMENDMENT TENTATIVE SUBDIVISION rMAP
'O REZONE 0 TENTATIVE PARCEL MAP
ECoE0WE
0 USE PERMIT 0 WAIVER OF PARCEL MAP
D MINOR USE PERMIT MAY 31 2001 0 BOUNDARY LINE MODIFICATION
D VARIANCE 0 LEGAL LOT DETERMINATION
0 MINOR VARIANCE ` BUTTE COUNTY O CERTIFICATE OF MERGER
PLANNING DIVISION
0 ADMINISTRATIVE PEI 0 MINING AND RECLAMATION PLAN
0 DEVELOPMENT AGREEMENT 0 OTHER
. .,,,..: 4 1 � X,•:_: :• PROJECT DESCRIPTION
FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and
size of parcels.) v /O I
OWNER CERTIFICATIOtd 4 •Fat < k
I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. ;
FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND
ACCURATE. (If an agent is to be a Ihorized,execute an affidavit of authorization and int#ude the affidavit
with 's applic io
DATE: 0 SIGNATURE:
gin.?.lf�Czar,,.1A
r�
VIVA 31 rol ��
COMPLETE TIOS INFORMATION fa
IIIIill�IIIIIIIIIII��IIIII
RECORDING REQUESTED BY: - 1 9 9 8—0 0 S S 1 3 2
Clerk of the Board of Supervisors Recorded I REC FEE ,
WHEN RECORDED RETURN TO: DffCount,ROf Records IDRrI 'q
Butte I
Clerk of the Board C*U)AM J. GRUBBS I
25 County Center Drive Recorder I
Oroville,CA 95965 I
I Myles
02:34M 23-Dec-1998 I, Page 1 of 35
1
Document Title(s):
Development Agreement by and between Butte County
and Douglas N.Glum,Trustee 5 i
of the Robert and Ann Stephens
Charitble Remainder Unitrust,Et Al.
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
.i:
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