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HomeMy WebLinkAboutPRED 05-11_PLANNING ig "SHEET SEPARATOR a>h D147 — 'i 46— 012--- PROJECT NUMBER IZoRo,ec, HUMeEx I7Pkn oS - ll DEPARTMENT OF DEVELOPM TT SERVICES BUTTOOUNTY UNIFORM APPM ATION. APPLICANT: Agent-information to be provided on following page: APPLICANT'S NAME(If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: GEORGE R . NICOLAUS 047-440-012 ADDRESS: CITY,STATE&ZIP CODE: FILE NUMBER:' (FOR OFFICE USE) 66 MARYBILL RANCH ROAD CHICO , CA 95928 rf- dam , k ` NAME OF PROPOSED PROJECT(If any) TELEPHONE 1(530 ) 894-6171 LOCATION OF PROJECT(Major cross streets and Address, if any) HIGHWAY 99 E. :� ,, =.w _�:: ; .�tea: { :�, �•s<- �:�::IN ;..:r� t +2 - �:a �r =Ti.,F:Z'y. 3E=�a: .!sE :...r' nr•^k�iyy �:tR?? ' Lfiyi*.: ';q:7.r y"•t: >i :_ _•_ GENERAL FORMATION REQUIRED ;. _.' .. 'i `..e.. �.s.�,..�,• xraz e^.e..o- �;�t�ia,d:v�",._ �••^.:F.�.�.rnu �..y,H� '�S�hiFbwe'S`a�:��'td��, .:� OWNER'S NAME TELEPHONE PAUL LEVY ( ) ADDRESS: CITY,STATE&ZIP CODE: 1384 W . CELESTE FRESNO , CA 93711 ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE in Square Feet or Acres) SR- 1 TSR- 1 t! AGRICULTURAL 68 . 18 ACRES EXISTING STRUCTURES(in Square Feet) PROPOSED STRUCTURES(in Square Feet) NONE (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ® PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ® PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER ::.;�'r ,a?' w,s,�•,x,,• „fir .1r- p a ,- i '"y,,�"':: .� +r ..a�, r 'L` i "� APPLICATION REQUESTED = ,, �,. . )w x::c ,.+.•-i+. MV 1 ."kS.,..{ niC• --%x r .-'lc.ti .X;. a.''_cse.:a ❑ GENERAL PLAN AMENDMENT ❑ DEVELOPMENT AGREEMENT ❑ REZONE TENTATIVE SUBDIVISION MAP ❑ USE PERMIT ❑ TENTATIVE PARCEL MAP ❑ MINOR USE PERMIT ❑ WAIVER OF PARCEL MAP ❑ VARIANCE ❑ LEGAL LOT DETERMINATION t ❑ MINOR VARIANCE ❑ MINING AND RECLAMATION PLAN ❑ ADMINISTRATIVE PERMIT ❑ OTHER '� a�y yh �-r_ .p PROJECT DESCRIPTION •�q r u+, .hr:^..,ir ..�y_ .: T �' wh s ..�r��, 'h�c�d,�•,z�n..;N:7A ���� �`�h�G�o"�,�,*�.,�Y.�aF�.a' '�cw-•lF..'' � FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size of parcels.) >a PROPOSED 68cLOT SUBDIVISION. WITH 0 . 5 ACRE LOTS,- LOW DENSITY RESIDENTIAL . RECEIVED BUTTE COUNTY FLANNINU UIVINUN x OROVIU.E•CALIFORNIA •.��. n:r+.•- •:ti:::vtlµ ..'.G'� ii;;x,:;t''-'•' '`'",'�i^�'`���:i�'i+C`,• =.Y``.Yr.; �., yo [`. Cr•a '�'� r >r^ .$ ,,,.rte.,fy4: %;• ,V. :...`��[y�l r. k vis.L `:'%i",.. ATION q� •�: OWNER CERTIFIC �..�:�-..., y �� -•'Lhi. .`•.r�y. "ti':��.N';..:•.� .ni r �1��.. tul ...,. ✓..-.,......�.._:....:..�;.... .._;..::,::....�.,;.}..e.,ya.•r.•.,.r.. .•iii, �.':.: .'. •` ...4 .''J'w.. .•Qv,r.3fi. I CERTIFY THAT 1 AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. s' FURTHER I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT A L OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agen is to be a thor' d,execute an affidavit of authorization and include th idavit with this a lication.) DATE: 3 SIGNATURE: _ O AGENT AUTHORIZATION To Butte County, Department of Development Services; The -En ' eeri Print Name of Agent and Phone umber Iz50 EaSf AA, Qui le 10 aiCV, CA g5gl Mailing Address is hereby authorized to process this application for QI Loa US on my property, identified as Butte County Assessor Parcel Number Nij- 4'10 -012. This.authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing,but not including document(s)relating to record title interest. Owner(s) of Record: (sign and print name) T�z /eft 0 L g vie Print Name Print Name Si atm Signature Architect and/or Engineer: f imo-thu wood 5,-30-8qq- 04b9 Print Name of ArchitecVEngineer and Phone Number 250 �q SI PSA , SU�i It t® 0 hi(A a Ch q Sq?. a Mailing Address FOR OFFICE USE ONLY Verify: //-- Date Received: �aS�OS Total Amount Received: AP Number(s) Legal Description 7 Owners Authorization Zoning Requirements U-11 Protect Description V" Copies of plot Ian Taken by Receipt No.5�sL/7�- E.H. LD Plan Wb FD ?S Payment of the currently required Application Fee and/or Deposit(Any unused portion of a deposit) will be returned upon final action.. Current fee for this application is $ �. as of Make check payable to`Butte County Treasurer". ?HE ENGINEERING GROUP Eco Hydraulics,Development Engineering and Surveying TRANSMITTAL ._--------7----------------------- February 23,2005 Dan Breedon Principal Planner Department of Development Services County of Butte 7 County Center Drive Oroville, CA 95965 Subject: Pre Development Conference for Levy Property (APN: 047-440-012) Enclosed are the applications for submittal of the pre-development conference for the above mentioned property. Also enclosed for review are: • Letter giving George Nicolaus permission to act as agent of Dr. Paul Levy • Check made to the Butte County Treasurer for$1,576.00 0 20 Copies of the Preliminary Tentative Map If you have any questions or comments,please do not hesitate to call. Sincere' , Joa Owen, E.I.T. RECEIVED FEB 2 5 2005 BUTTE COUNTY PLANNING DIVISION OROVIU_E,CALIFORNIA 1250 East Avenue, Suite 10 Chico,CA 95926 Phone:(530)899-0409 Feu:(530)899-0943 CAUnd Projects 2004\1338 LEVY\Correspondence\1338-TRANS-D.BRHEDON-2-23-05.doc Monday,February 28,2005: Development Services PLANNING DIVISION ver. 1.0 Counter _�- DDS Planning $1,008.00 Person Lana (General Fund)' Payment Date 2/25/2005 Public Works - $337.00 (Land Development) Receipt Number 425472 Environmental Health $136.00 Received Received From George Nicolaus CDF(Fire Department) $95.00 Applicant s/a— NOD/NOE $0.00 (Recording Fee) .ter-- Aunt Minnie $0.00 Application Number PRE 05-11 1$1, 500 or$2,000 or In Reference To _ - -- -- ---- Planning Review/EIR $0.00 Parcel Number 047-440-012 Fish/Game $0.00 Check Number/Cash 3216 - - ._-- ---- ALUC $0.00 Total ReceivI(Airport Land Use)$1 ,576.00 ' Non Sufficient $0.00 Total Fees - $1 ,576.00 Funds ($25.00 Fee) 1Cell Tower $0.00 • ($2500.00) Public Sales/Copies $0.00 Other: $0.00 as i" .is� ".le;'irY-.. .f.?� '`�f✓J'-; ;� .1.;4`+�'�w� L..C"' .r"�.1,��(;',�a��,F'�y.'� 'rJ�37J'\,:"�s' �}C�3i�� �Mr sr*�a. � .s 'Y i ti'-j-1 + I �, ,ti h +r ice.z ' 4<-4'S'+ i�t '��i'•�`'� � r 66 MAFIYBILU,RANCH RD:.PH 5307894 6171;f rv�CHICO;CA�959283� "t�`� iii '(,'n*°"+'"f+ -��'R v r >r^e-.a t`r�x—F��i+� �ute "".,.+w .->✓i r M+ z'fi '�r;�y�ua i"1 1�°�J �k`3��r'`•s;a �' �� «, �` t, ,Y .4.,ti�p�,,. . `n+,v .�.w � V'M � 'fin+._ .,el ri.�^+5i1r•�5�:1�at....4"3t.�/ h; m: a, CileY_Df rL'.^� ; � . ,,,yy '; c', !'*_� `"� �.� c `,�• w'3,.r'i <!, �v7�/ •U ?f•���'kf r��� rsl� ,'� to�" 'R".�1Et n F1rai°� t °6 n 4 .�` ✓•✓• �������'�Gi7/�iiu/ � 'e. p .,''fit 1.. o V x ya .r-a. y wsf.,,YN^.s �M`Z,'t{.`�.K', '';�°-v.'a�F. C .+o- ,y"7' y'ti..'Fi4 �3 '".�Gi$ r"t'rT.`,�i'd` "z',9't y ,W�'' 'S' s.^ +�'� d2!'i F' . �' ra^&�+�>43w s.L�'- v r i"� o h «!.�'' 4Yg'.+:�. i44'' t s' ` "tF,7f""ntf`'fc.' 8��'.-'xa'` 3i . ar xzTRICOUNTIEStDIANK +'#yx'� ��k"'�t �"'�+ "" "14`#1,���'�fr}:F+�t Si�` �i "rf ,p` '"� r°s' •Yc,ti 5'tsf ie t;• • ri Q "-z.' M �" *s tr S'.{,''�„+�.•r£*^"" �`�'�dyy5 `7'`4 •+G$'irk _O�i3A�.".�i,t"`� ,•- +�I ? '�:`?' �x u ?�PUCr'� U f NB��" °`" ii��Yfi°�� �+r✓�s `i_ ��L��'s��i•^`. � .: /w`%--s"��`�� - .i SNP�q �-, �r���".+F �s�•+i�'iJdv'k� "Mt�.3"p�'�`tN".L����,'"�f.`��.fn '�k T�_ �"�rt'"�'"F�"r -� 1' rf'r.�'r�y�'Ri i'� e,s; � .;�� i.,;Lg2 l'�L 3 504i5�.;3�21L6`�OOL,3,�7�w1;�60�5!�����•�-�����.<,�,.,��. ��tY��..,.���� � 1s- ' . _. 'd�'.c,��''- • �o-issi4:..W.�-� "°` aur:r4_� •L. ...s.�M., r�v.�__—...:".1 COUNTY OF BUTTE 42547'2 _ OFFICIAL RECEIPT OFFICE,OR DE ART ENT SUING RECEIPT 20 Received from .1Gr1 .1:. ' t 4 The Sun of v w 5 ar,(, For. � .c:(� Q 5 /! A r"lu y 7--f L10'Ul_' > r •Received: c,� Received By U CASH ❑ Title CHECK .�,fte By DAVCO BUSINESS FORMS•(530)743-8511 Form 75702 COUNTY OF BUTTE AUDITOR'S CER-nT ICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR NO 82477 RECEIVED FROM PLANNING BAG#328 DATE 212812006 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 2IM105 RECEIPTS: A25459 -425477 TP—O NNING APPL FEES1; GENL 0410 A40001 42109W 101071 2,528.00 —"�Project Number Amount of Fee APN:085-109-06*YP�,TRICK-9EGEL03iN=GRD05;02_. �. $1,370.00 APN:047-440-912-GEORGE NICOLAUS_-PRED,05-11 $1,008.00 APN:025=990=044=0TI1lA Sb(AGGS=ADA 01-�7 - `$50:00 APN:011-330-018-.JOHN SECOND-ADM M51 $60.00 APN:040-170-122-SCOTT FAL ES-ADM 89-51 Y_. $50.00 LAND DEVELOPMENT GENL 099 44OW4 4511700 101801 337.09 Project (Number Amount of Fee APN:047-440-112-GEORGE NICOLAUS-PRED 05-11 $337.00r:. twRONmENTAL HI-Tki A GENL 0010 ' 64 4145'0►1 101001 Project Number_ Amount of Fee 158.50 APN:047-940-192-GEORGE NICOLAUS-PRED 05-11 $136.00 APN:031-247-001-GIWERT ENGINEERTING-LLA 05-22 u. $32.50 FIRE PI-Nd APPL FEE FIRE PROTECT WO 4517240 101001 95.00 Project Number. Amount of Fee I APN:047-490-112-GEORGE NICOL,AU&PRED 05-11 $95.00 DOC-UMENTOCOPY SALES GENL 0010 440001 4711910 101001 25.00 D.O.T.-ALUC PLANNING GENL 0010 444W1 4517241 101001 1,531.00 APN:015-180-029-ELIZABETH HUGHES-4x]5-21 *# �1<24 •Uu TOTA,,$ 4,684.50 APPROVED BY: RECEIVED BY: AUDITOR-CONTROLLER TREASURER Wh3t`e--treasurer pink--zuditor canary--depositor golden rod=fIe: 0 COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant), Date Filed General Information: 1. Name and address of owner,and/or developer, and/or project spponsor: GEORGE R . NICOLAUS 66 MARYBILL RANCH RD , CHICO , CA 95928 2. Address of project: H W Y 99 Assessor's Parcel Number:,-.0 4 7-4 4 0-01 2 ' 3. Name,address, and telepphone n Tber of person to be contacted con a r� thi ro, _fl' GEORGE R . NICOLAUS �6 MAR YB ILL. RANCH RD , C� �G�, �� 592 4. 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: 5. Existing general plan designation: S R- 1 6. Existing zoning district: S R- 1 7. How is land currently used? 8. Proposed use of site(Project for which this form is filed): 6 R i o T S U B D I V I S 0 N . L 0 W D E N S I T Y RESIDENTIAL Project Description: 9. Site size: 68 . 19 ACRES (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: Compact: Total: 11. Plans attached Yes—No _ 12. Proposed development schedule 13. Associated projects 14. Anticipated incremental or phased development Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. SEE ATTACHED 16. If commercialAindicate the type,whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading -w a�aa W-Pi w AV tM 00% � FON-1.5 W ua.u.w ❑ Butte County Department of Development Services❑ Planning Division O F E B 2 5 2005 1 BUTTE COUNTY PLANNING DIVISION OROVILLE,CALIFORNIA facilities, and community benefits to be derived from the project. 19. If the project involves a variance,conditional use, rezoning application, or any development permits,state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes,canyons or substantial alteration of ground contours. _ X 21. Change in scenic views or vistas from existing residential areas or public lands or roads. _ X 22. Change.in pattern or character of general area of project. _ X 23. Significant amounts of solid waste or litter. _ X 24. Change in dust, ash,smoke,fumes or odors in vicinity. _ X 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. _ X 26: Substantial change in existing noise or vibration levels X in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. _ X 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. _ X 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). _ X 30. Substantially increase fossil fuel consumption X (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. _ X RIM FEB 2 5 2005 BUTTE COUNTY PLANNING DIVISION OROV!U.E,CALIFORNIA ❑ Butte County Department of Development Services ❑ Planning Division ❑ 2 Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. S E E TATTAC H E D 33. Describe the surrounding properties, 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, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. SEE ATTACHED Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date Signature FEB 2 5 2005 K:\Planning\FORMS\Submittal\ENV-INFO.FRM BUTTE COUNTY PLANNING DIVISION OROVII!.E,CALIFORNIA 0 Butte County Department of Development Services.0 Planning Division 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PRE-DEVELOPMENT CONFERENCE y. INFORMATIONAL SHEET The Pre-Development Conference is a chance.to,meet on an informal basis with County staff. The purpose of the Pre-Development Conference is to inform the applicant of local or state requirements that may apply to their project This allows the applicant an advanced opportunity to incorporate those requirements into the design of the project prior to when the actual application is formally submitted. The pre-development conference is held in the Development Services Department conference room located at 7 County Center Drive, Oroville. Please refer to the attached County of Butte Environmental Information Form for submittal requirements. Please include a concept site plan, if available. T mgre information you submit at this stage will help us evaluate your project more fully. �� The fee is and a meeting is usually arranged within one to two weeks, depending on the complexity of the project and current work load.of County staff. If you have any questions please contact the Planning Division at(530)538-7601. FEB 2 5 2005 BUTTE COUNTY PLANNING DIVISION OROVILLE,CALIFORNIA UPROJEMPREMPUBLIC.WPD Butte County Department of Development Services PLANNING DIVISION °�UTTF0 o o 7 County Center Drive o Oroville,CA 95965 0 "0 ° `J° (530) 538.7601 Telephone C�UN'�y (530)538-7785 Facsimile l April 13, 2005 TO: Steve Fowler, CDF FROM: Dan Breedon, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: George R. Nicolaus, Predevelopment Conference - PRED 05-11 APN: 047-440-012 DATE OF IDR*: 04/27/2005 *Inter-Departmental Review Committee IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: April 25, 2005- AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: May 12, 2005 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter-Departmental Review (IDR) Committee meeting on 04/27/2005, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Request for flexible lot size subdivision to create 68 residential parcels of approx 0.5 acre each and two service lots for storm water retention and sewage disposal on a 68.1 acre parcel PROJECT LOCATION: The property is located between SR-99 and Garner Lane approximately 1,000 feet north of Kittyhawk Drive in the north Chico area COUNTY SUPERVISOR DISTRICT NO.: 3 ZONING: SR-1 (Suburban Residential, 1-acre parcels) GENERAL PLAN: AR (Agricultural Residential) If a response cannot be submitted prior to the due dates listed above, please call Dan Breedon at (530) 538-7629 or send him an email at dbreedon@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. IDR COMMITTEE— APPLICATIOMCOMPLETE: No (Please send response to Dan Breedon by April 25, 2005) Yes (Conditions/mitigation measures due by May 12, 2005) K:\Planning\Projects\CommentRequesfform.dot Butte County Department of Development Services �U T TF YVONNE CHRISTOPHER,DIRECTOR oO \ / / Co 7 County Center Drive o % o Oroville,CA 95965 _ L�� (530)538.7601 Telephone o - = •- o (530)538.7785 Facsimile o l'o -�`^ o COU-14 ADMINISTRATION * BUILDING * GIS * PLANNING May 13, 2005 Mr. George R. Nicolaus 66 Marybill Ranch Road Chico, CA 95928 RE: Pre-development Review for Proposed Flexible Lot Size Subdivision (PRED 05-11); APN:47-440-012 Dear Mr. Nicolaus: Thank you for your participation in the Pre-development Meeting held on April 27, 2005. Attached, please find the comment letters received to date regarding this proposal. The following comments are made by the Planning Division: A list of policies from the North Chico Specific Plan that would pertain to this development is provided as an attachment to this letter. Subdivision Design The Flexible Lot Size Subdivision Ordinance does not allow areas that are designated within 100-year floodplains to be subdivided. As we discussed, a Planned Unit Development pursuant to Butte County Code Section 24-210 would be a suitable alternative for this proposal. A PUD would allow for a flexible lot size similar to the Flexible Lot Size Ordinance, but requires the approval of a rezone concurrently with the tentative subdivision map. Please refer to the attached code section concerning PUD developments for further information. The number of parcels allowed under the Flexible Lot Size Ordinance or PUD must be calculated from the residentially zoned (SR-1) portion of the property. There exists an Open Space zone that the North Chico Specific Plan designates as Open Space, along a portion of the property fronting State Route 99. This area is not eligible for subdivision and cannot be used in calculating the number of parcels allowed in the subdivision. A future map should show the OS zone and the number of parcels allowed as calculated from that area of the property designated as the SR-1 zone. 4 Mr. George R. Nicolaus, Page 2 Predevelopment Review May 13, 2005 Care should be exercised in providing appropriate road alignments that provide for circulation in accordance with the North Chico Specific Plan. Roads that are intended to provide for circulation to additional developments should be designed to minimize turning movements within the subdivision. The Environmental Health Division indicates that a preapplication review will be required prior to tentative subdivision map application submittal. This preapplication review would determine on-site sewage capability pursuant to the Regional Water Quality Control Board, provision of a water supply, and review of drainage plans. This development proposes to utilize water service connections from the California Water Service Company. Future service from this provider must be secured during the preapplication process through a will-serve letter that indicates that the service is available and that the provider has the ability to provide the necessary number of connection to serve the development. The Agriculture Commissioner indicates that the 300-foot agricultural setback would be applicable to all surrounding agricultural uses, and that remnant orchard trees within the subdivision are required to be removed. Any applicable 300400t setback must be shown on the subdivision map and all proposed residential development must be shown to be clear of this area. The Department of Public Works provided the attached conditions and also disclosed to you the problems of drainage and flooding in this area. The development cannot displace any existing flood waters and indicated that all roads and building sites would need to be elevated above the floodplain. Flood waters may not be directed to off-site locations. The Regional Water Quality Control Board provided the attached comments. Among their requirements it should be noted that the applicable Waste Discharge Requirements routinely prohibit waste water discharge to areas within a 100-year flood zone. The California Department of Transportation provided the attached comments. CalTrans discusses the potential for traffic impacts to SR-99 and notes that the project's contribution of traffic would have to be assessed for impacts. As you are aware, the Guernsey/Liptrap study is currently being reviewed and this study could be a source of information for this project's impact to SR-99. The project's impact to local public roads would also need to be addressed during environmental review of this project. The California Department of Forestry provided the attached comments and conditions. CDF provided conditions pertaining to Public Resources Code 4290 (California Fire Safe Regulations) The Local Agency Formation Commission (LAFCO) provided the attached comments. LAFCO provided comment concerning City of Chico development standards, the formation of County Service Areas (CSA's), future connection to City sewer services, Mr. George R. Nicolaus, Page 3 Predevelopment Review May 13, 2005 and provided other comments pertaining to the continuity of urban form, provision of urban services, and the future potential of this area to be annexed to the City of Chico. For purposes of reviewing any future project, you should disclose to the County at the time of application whether you intend to pursue the formation of a CSA for the provision of street lighting, landscaping, drainage, fire protection etc. In accordance with the Flexible Lot Size Ordinance (should this option be pursued), that area of the property which is shown to be within the 100-year flood zone cannot be used for community facilities such as sewer and drainage facilities. These facilities must be sited in areas of the property that are shown to be outside of the 100-year flood zone Environmental Considerations The Planning Division would also like to disclose to you that submittal of this pre- development review, or any future subdivision application, does not authorize work to be performed in conjunction with site development until a development entitlement is secured. You should be aware that the Regional Water Quality Control Board, the California Department of Fish and Game, the U.S. Fish & Wildlife Service, and the Army Corps of . Engineers have regulatory authority over grading and/or impacts associated with wetlands and sensitive plant and animal species that are potentially located on any project site. Disturbance and/or grading on any property could result in violations of the Endangered Species Act, the Clean Water Act, and other State and Federal laws. These agencies, including the County of.Butte, should be consulted prior to any type of land clearing.or jrading completed in conjunction with site development. This concludes the Planning Division's summary of information regarding this pre- development review. If you should have any further questions regarding this proposal, or any of these comments, please do not hesitate to contact me at 530-538-7629. Sincerel ,�-- Dan Breedon Principal Planner Enclosures cc: IDR Committee, via email Johnna Owen, The Engineering Group City of Chico Ray Brunn, Regional Water Quality Control Board CalTrans North Chico Specific Plan Policies (George Nicolaus Predevelopment Review, APN: 47-440-0'12) 7.6-1. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "As a condition for the issuance of any Building Permit on these parcels the property owner shall sign an Avigation Easement granting to the City of Chico the right of continued use of the Chico Municipal Airport in the airspace above the proposed parcels and acknowledging any and all existing or potential airport operational impacts. 7.6-2 Noise attenuation features shall be incorporated into new construction. 7.6-3. Prior to recordation of final map enhanced disclosure measures shall be developed and implemented to alert prospective home buyers and rental tenants as to the proximity of the Chico Municipal Airport. Disclosure measures shall be in place before any lots are sold and include: the existence of avigation easements, the existing and projected future over flight and noise levels, and such related issues as are appropriate to fully inform such prospective home buyer or rental tenant. Enhanced disclosure may be modeled on Butte County Code, Chapter 35 Protection of Agricultural Land or the 2000 CLUP. 7.6-5. New collector streets shall be designated with aviation-related names as set forth in Butte County Code Chapter 32—Naming Streets and Highways. Street Landscaping Street trees and shading requirements apply to all new development. Street trees must be planted within six months of the completion of streets. Local tree species can be selected by the developer and property owners. Trees must have a spreading structure and be planted on 30 to 50 foot centers depending upon the species. The trees shall be maintained by the developer until they are self-sustaining. Submit a landscaping plan to the Planning Division for approval prior to recordation of final map. 7.2.1 Grading and Erosion Control Plan A Grading and Erosion Control Plan shall be prepared by a Registered Civil Engineer and submitted to Public Works for approval prior to any site disturbing activity. The Plan will incorporate the following requirements(pursuant to North Chico Specific Plan Policy 7.2): 1. The plan shall utilize accepted Best Management Practices to address grading and erosion control associated with all improvements, including land clearing, road construction, utility installation, and building site development. 2. No building site shall be approved for construction which does not have provisions for conducting surface drainage from the site to a natural drainage course, a drainage channel, or a public street. Such drainage shall be in accordance with established engineering practices. 3. All exposed slopes shall be protected from the effects of runoff and erosion according to Best Management Practices. After completion of grading, exposed slopes shall be planted, or otherwise protected, to prevent erosion and sediment transport in accordance with Best Management Practices and with the design and landscaping standards of the North Chico Specific Plan. 4. Grading and unprotected exposed surfaces shall be prohibited during a rain event. 5. All drainage swales shall be constructed with the following erosion control measures: a. Maintain earth-lined swales with velocities of less than 0.5 ft./second. b. Maintain erosion control grasses on swales with velocities of 0.5 to 5.0 ft./second, in accordance with the Improvement Standards. c. Maintain grouted rip-rap cobbles for swales with velocities greater than 7 ft. /second, in accordance with the Improvement Standards. d. Detention outfall structures shall be sized in order to satisfy Public Works requirements, for no increase in peak runoff,prior to discharge into flood waters. Plan Requirements: Preparation of a Grading and Erosion Control Plan acceptable to the Butte County Department of Public Works, prior to construction of Subdivision improvements and prior to construction of onsite residential improvements, including buildings and service lines. Timing: This measure and associated Plan shall be implemented during 'all site development activities (including land clearing, road construction, utility installation, and building site development). Monitoring: The Butte County Departments 'of Public Works -and Development Services shall review compliance through routine inspection, depending upon the facilities being constructed. 7.4-4 An 'archaeological survey and written report shall be prepared by a qualified archaeologist addressing proposed development within areas of high sensitivity as shown on North Chico Specific Plan Figure 7-1 7.4.-1 Resource Protection Development adjacent to Keefer Slough shall be set back 100 feet from top of bank to preserve existing riparian vegetation and habitat, to encourage the expansion of riparian habitat, and to provide a corridor for wildlife. Proposed trails shall be aligned along the outer edge of the 100-foot buffer zone. The precise location of top of bank shall be approved in the field by the Director of Development Services or designee in conjunction with the County Public Works Director. NCSP Drainage Policies 7.3-2 Existing property outside the current 100-year floodplain shall design drainage facilities to limit peak runoff to flows at or below current undeveloped levels. 7.3-2 Existing property within the 100-year floodplain shall develop in accordance with County regulations and policies and FEMA regulations. In no case shall development be permitted in the floodway. 2: Design storm water facilities, including detention basins, to ensure public safety, to be visually unobtrusive and to provide, where feasible, recreational uses. 4. Utilize pollution control traps or sediment basins for storm water drainage systems designed in accordance with County standards and/or requirements. 5. All drainage areas shall be maintained through amendment to the CSA, or other means acceptable to LAFCO, Butte County, and the maintaining group or agency. NCSP Circulation Policies 3. In order to encourage use of the proposed path/trail system, design street patterns which utilize single loaded streets and other street and lot design techniques along proposed paths/trails. 6. The trail required by North Chico Specific Plan Circulation Policy #6 and shown on Figure 4-2 of the NCSP shall be developed along the north margin of the property near Keefer Slough. This trail shall provide access to those on foot, horseback or bicycle. The proposed trail shall be developed along the outer edge of the 100 foot no development zone, in accordance with NCSP Resource Protection Policy 7.4-1. The trail shall have a minimum width of 10 feet and may have an earth or gravel surface, but must be well enough drained to be passable during wet weather. The Department of Development Services shall be notified upon completion of this mitigation (from NCSP) so that an inspection can be scheduled, prior to Final Map recording. 4. Where cul-de-sac streets are proposed, utilize designs which will provide pedestrian/bicycle (and equestrian where appropriate) access. This access should lead to or connect to the overall planned path/trail system. Key lots (lots located at the end of cul-de-sac streets) should be minimized.' 6. All paths and trails designated within properties which are proposed for subdivision shall be required to be designed and improved by the developer of the subdivision in accordance with the requirements of this Plan and good planning and engineering practice. Maintenance of these areas will be the responsibility of CSA 87. NCSP Waste Water Disposal Policies 2. In the area north of Mud Creek, community septic systems may be required. Operation and maintenance of these systems shall meet the requirements of state law and standard engineering practice. 3. In the area north of Mud Creek, developments shall meet the requirements of Department of Environmental Health relative to the installation of septic systems. i NCSP Water Policies In the area north of Mud Creek, require the use of community water systems may be required. The Community water system shall be established in accordance with the requirements of State law. L1 BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE SUBDIVISION MAP APPLICANT: George R. Nicolaus DATE RECEIVED: 02/23/2005 AGENT: The Engineering Group APN: 047-440-012 PLANNER: Dan Breedon FILE#: PRED 05-11 PROJECT DESCRIPTION: Request for flexible lot size subdivision to create 68 residential parcels of approx 0.5 acre each and two service lots for storm water retention and sewage disposal on a 68.1 acre parcel Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: S. FIRE CLEARANCE ]. Construction, installation or development of structures or facilities on the parcels/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. 2. Building identification and/or addresses shall be installed in confonnance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. �Q 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the / County Fire Warden. ❑ 4. In lieu of pressuri d ater system or water storage to ayment of $200.00 per created par el into lie Batt ion water fund, is r quire rior to the ante of a building eXf . Place a ote on the final apo on addition eets that states "Developmentheselots ma payment in o the Water Tender Fund." 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing JG c feet, hydrant size & inches, and residual fire flow/Go e gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 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: "Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water system,with hydrants that meet Fire Department specifications, serves the parcels." ❑ 7. In lieu of by ant installation, payment may be a e into the hydrant.fund at a cost of 1.72 per mea foot of str _ front e. a esti ated .ee amount is ❑ 8. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current established fee for the West Chico Fire Station Fund. 9. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. Revised 1/29/98 k:\forms\standcon\tsm I I MEMORANDUM To: Dan Breedon,Planning From: Steve Fowler,Butte County Life Safety Officer Date: April 21,2005 ' Re: Nicolaus,PRED 05-11 The battalion chief who is responsible for this area doubts that Cal Water will want to serve this subdivision at least for now. We recommend that the developer seriously consider annexing to the Kittyhawk Subdivision instead of forming a new CSA for hydrants. We would request that they drill a new well(which would provide backup for both subdivisions.) BUTTE LOCAL. AGENCY FORMATION COMMISSION 2770 Olive Highway, Suite C e) Oroville, California 95966-6117 0. (530)538-7784 a Fax (530)538-2847 c www.buttelafco.org MEMORANDUM TO: Dan Breedon, Butte County Planning Division FROM: Stephen Lucas, Principal Planner SUBJECT: PRED 05-11 - George Nicolaus DATE: April 19, 2005 The affected parcels are located within the boundaries of the following local agencies: 1. Butte County Mosquito and Vector Control District 2. Chico Area Recreation and Park District 3. Chico Unified School District 4. Butte Community College District 5. CSA No. 87 (Keefer Slough/Rock Creek Drainage) 6. CSA No. 164 (Animal Control) 7. Butte County Resource Conservation District Please consider the following comments concerning the project described above. 1. The project is located in the Chico General Plan planning area. Consultation with the City (as described in County General Plan Land Use Element Policies 1.2, 1.5, 1.6) is encouraged to promote coordinated planning within the north Chico area and ensure development is consistent with City of Chico standards. LAFCO policies discourage urban development without annexation to a city that can provide a full range of urban type services. If a LAFCO action is required to implement this project(such as annexation to/formation of, a district), strong consideration will be given to the ability of the project to conform to City standards and regulations. 2. The use of a county service area to provide services for developments in the North Chico Specific Plan area will require a clear analysis of the relationship of the service to the functions and powers of CSA 87 and the other eight(8) CSA's currently serving the area. LAFCO is aware of several other development proposals in the North Chico area for which annexations to, or formations of, CSA's are being considered. The County should provide a cumulative analysis of the delivery of urban services within the North Chico area that demonstrates the County has a comprehensive plan for the delivery of urban services in this developing area as recommended in General Plan Land Use Element Policies 1.6 and 1.7. 3. In anticipation of possible future annexation and sewer availability, septic systems should be designed for easy connection to municipal sewer service facilities. 4. If urban type services(e.g. street lighting, landscaping, drainage,fire protection, etc.)for the new development are proposed to be provided through annexation to an existing local agency or by a formation of a new local agency such as a county service area (CSA) or a community service district (CSD), LAFCO as the authorizing agency, should be consulted early to allow for a meaningful analysis of the issue prior to County consideration of the development application. This early coordination will allow for the anticipated LAFCO action to be fully integrated into the project review process and should result in the proposal being: A. Fully described in the project description; and B. Fully addressed in the appropriate environmental documents; and C. Circulated to LAFCO for review as an agency with an approval role; and D. Fully integrated into the public hearing process. The absence of this early coordination and failure to address the LAFCO related issues as described, will require additional environmental review and related studies at such time an annexation/formation is requested resulting in unnecessary costs and delays. It should be understood that such a request would be reviewed based on state law and local LAFCO policies which are clearly directed at maximizing service efficiencies, minimizing the creation of new governmental entities, limiting urban sprawl and directing new development to areas with existing urban service providers. 5. Continued divisions of unincorporated parcels for large lot residential development within, or adjacent to,the City's Sphere of Influence does not facilitate the creation of a compact urban form, maximize scarce available lands or result in the efficient provision of urban type services. These are fundamental issues to LAFCO pursuant to Government Code Section 56000 and will be of consequence if any LAFCO action should be required. If you have any questions concerning these comments, please contact our office at your convenience. \\LAFCServeH\ShareftettersA4emos ALL non-pmjecflPmject CommentslApril 19-05 Nicolaus PRED 05-11(N.CHICO).wpd BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE SUBDIVISION MAP APPLICANT: George R. Nicolaus DATE RECEIVED: 02/23/2005 AGENT: The Engineering Group APN: 047-440-012 PLANNER: Dan Breedon FILE#: PRED 05-11 PROJECT DESCRIPTION: Request for flexible lot size subdivision to create 68 residential parcels of approx 0.5 acre each and two service lots for storm water retention and sewage disposal on a 68.1 acre parcel. Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS 1. Prior to or concurrently with the recordation of the Final Map, provide a fully executed road maintenance agreement for all non-publicly maintained access roads on the County approved form. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Final Map stating: "In accordance with Civil Code Section 845, maintenance of the road as shown hereon shall be shared by those properties with a legal interest in it." ❑X 2. All access rights shall be reserved by deed per County Ordinance, offered for dedication, and depicted on the Final Map. For each private access within the map boundary, place the following note on the Final Map: "approved road name is a non-exclusive easement for ingress, egress, road and public services purposes, to be reserved in deeds and is hereby offered for dedication to the County of Butte." 3. Prior to the recordation of the Final Map, demonstrate to the Department of Public Works that there is approved access conforming to County Code to each parcel from a publicly maintained road. Per county code 20-133,no more than 20 parcels are permitted on a cul-de-sac. 4. Prior to or concurrently with the recordation of the Final Map, Deed to Butte County in fee simple 30 feet of right-of-way from each side of the centerline of interior streets along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. ® 5. Prior to or concurrently with the recordation of the Final Map, relinquish abutter's rights of access to Caltrans, along the Highway 99 frontage. 6. Prior to recordation of the Final Map, provide street name signs per requirements of the Department of Public Works. Street names shall be reviewed by the County Address Coordinator and one name for each new street shall be recommended to the Board of Supervisors for approval prior to recordation of the Final Map. A minimum of five alternate names for each new street shall be submitted. 7. Prior to final road inspection, install all necessary traffic safety signs including stop signs. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Final Map stating: "No public entity shall be responsible for the maintenance of the traffic safety signs including stop signs. In accordance with Civil Code Section 845, maintenance of the traffic safety signs shall be shared by those properties with a legal interest in them." ❑ 8. Prior to recordation of the Final Map, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terns of the encroachment permit. ❑ 9. Prior to the recordation of the Final Map, obtain an encroachment permit and construct a standard S- 181 road approach in accordance with County Improvement Standards. Adequate sight distance at the intersection of access road and 9 shall be provided. Z. 10. Provide a cul-de-sac designed and constructed as specified in the County Improvement Standards. The Final Map shall show the cul-de-sac. ❑ 11. Prior to the recordation of the Final map, construct, or provide a performance bond and labor and material bond for the construction of, a 1/2-1- 12' / full street section on ' to an RS-' geometric standard. Minimum structural section to be f"AC, and @" AB, prime coat,fog seal and 95 %relative compaction. Submit design to Land Development Division for approval. "R" value determination and other data may be required to support the section design 12. Prior to the recordation of the Final map, construct, or provide a performance bond and labor and material bond for the construction of a full street section on interior through streets'to an NCSP-8 road standard with 2" AC, and 8"AB,prime coat, fog seal and 95 %relative compaction. Construct a full street section on interior cul-de-sac streets to an NCSP-10 road standard with 2" AC, and 8" AB, prime coat, prime coat, fog seal and 95 % relative compaction. Submit design to Land Development Division for approval. "R" value determination and other data may be required to support the section design. ❑ 13. Prior to recordation of the Parcel Map, provide approved access to each parcel from a County maintained road or from a state highway. Improve parcel'frontage to RS-1 LD-1 and access road to parcel being divided to RS-1 LD-1 . (If the parcels being created are 5 acres or less in gross area, submit road and drainage plans to the Department of Public Works for plan checking and approval prior to construction). ❑ 14. Prior to recordation of the Parcel Map, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on 1 to i County Improvement Standards. Improve parcel ! frontage to a !'+ 12' / full street section on I to an RS-1 road standard including, but not limited to curb, gutter and sidewalk for parcels with gross acreage of one acre or less. 15. Show on the additional map sheet of the Final Map a 50 ft. building setback from the centerline of interior streets based on Butte County Code Section 20-40.1. 16. Street lighting shall be provided in accordance with Butte County requirements, accepted design criteria, and recommendations of Pacific Gas & Electric Company. If the developer chooses to install the streetlights and pay energy costs through a County Service Area (CSA), he/she must complete the formation of the CSA prior to recordation of the Final Map. The CSA formation process will require the Developer to fund the service until the beginning of the first fiscal year in which service charges can be collected for the CSA, and agree to an annual maximum service charge to ensure continued operation of the facilities. B. DRAINAGE 1. Prior to the application being,deemed complete, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on- site and/ or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facilityaid that there is no increase in flood elevations to neighboriniz parcels. 2. Prior to final improvement inspection by the Department of Public Works, all new drain inlets shall be labeled with the county approved drain marker per County Standard S-40. 3. Prior to tentative approval of the.Final Map, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-25. Show on the additional map sheet the elevations(by contours)and the location of an accepted NGVD29(National Geodetic Vertical Datum of 1929)benchmark and a temporary benchmark on-site. ❑ 4. Prior to, or concurrently with the recordation of the Final Map, pay the applicable drainage fees in effect at the time of recordation of the Final Map for the 9 drainage area. (The current fee is now $ /acre.) 5. Prior to grading, a Construction Storm Water Permit will be required by the State Water Resources Control Board if the project results in a disturbance (including clearing, excavation, filling, and grading)of one or more acres. The Permit must be obtained from the State Water Resources Control Board prior to construction. Place a note on an additional map sheet that states: "The development of this Final Map requires a construction storm water permit. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. Development of individual lots may require an additional permit(s)." C. FINAL MAP 1. Show all easements of record on the Final Map. 2. Prior to or concurrently with the recordation of the Final Map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7,of the California Government Code commencing with Section 66492. 3. Pay the recording fees in effect at the time the Final Map and related documents are recorded. ❑ 4. Prior to or concurrently with the recordation of the Final Map, pay all applicable assessments established by affected assessment districts, in full. ❑ 5. Prior to the recordation of the Parcel Map, prove to the satisfaction of the Director of Public Works that the parcel to be divided is a legal parcel. ❑ 6. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Final Map regarding�. STATE OF CALIFORNIA---BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHW ARZENEGGER Governor DEPARTMENT OF TRANSPORTATION DISTRICT 3 ' 703 B STREET P.O.BOX 911 MARYSVILLE,CA 95901-0911 Flex your power! PHONE (530)741-4025 Be energy efficient! FAX (530)741-5346 TTY (530)741-4509 da, BUTTE COUNTY APR 2 9 2005 April 27, 2005 DEVELOPMENT SERVICES 05BUT0023 03-BUT-099 P.M. 39.654 FRED 05-11, Nicolaus Subdivision RFA Mr. Dan Breedon, Principal Planner Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965-3397 Dear Mr. Breedon: Thank you for the opportunity to review and provide comments on the pre=application f6r 68-lot subdivision (project) located within the North Chico Specific Plan between State Route (SR) 99 and Garner Lane, and north of Kittyhawk Drive and the City of Chico. Our comments are as follows: • Upon opening, the project will contribute to traffic impacts to the SR 99/Garner Lane intersection for those vehicles traveling southbound as well as the SR 99/Keefer Road intersection for northbound traffic. It is expected that the traffic trip distribution will be heavier to the south. Once Kittyhawk Drive is connected to SR 99, it can be expected that project traffic will be diverted to the SR99/Kittyhavvk Drive intersection. • The existing levels of service (LOS) should be quantified. If the existing LOS at the Garner Lane or Keefer Road intersections with SR 99 are currently at or below LOS "D", then a traffic impact study (TIS) should be prepared to determine what any short term project specific mitigation would be required at either of the intersections as a result of the project. • The project will contribute to the cumulative traffic impacts on Garner Lane, Keefer Road, Kittyhawk Drive, and the SR 99 mainline. Therefore, fair share traffic impact fees should be collected under the County's development impact fee program to mitigate the impacts. Please send.us a copy of the formal application for review once submitted and when available. If it determined that a TIS would be required for the project, then we would appreciate the opportunity to meet with the County and traffic consultant to assist in the scoping of the document. To schedule the meeting or if you have any questions regarding these comments, "Caltrans improves mobility across California" Mr.Dan Breedon April 27,2005 Page 2 please contact Rick Helman, Local Development/Inter-Governmental Review Coordinator, at (530) 634-7612. Sincerely, 6-4- -Jw BRUCE DE TERRA, CHIEF Office of Transportation Planning-North Cc: Stuart Edell, Butte County Public Works "Caltrans improves mobility across California" California Regional Water Quality Control Board Central Valley Region Alan C.Lloyd,PhD Arnold Schwarzenegget` Secretaryfor Redding Office Governor Environmental 415 Knollcrest Drive,Suite 100,Redding,Califomia 96002 Protection Phone(530)2244845-FAX(530)224-4857 http://www.swrcb.ca.gov/rwqcb5 BUTTE 18 April 2005 COUNTY APR 2 0 2005 DEVELOPMENT SERVICES Dan Breedon Butte County Planning Division 7 County Center Drive Oroville, CA 95965 COMMENTS ON GEORGE NICOLAUS PREDEVELOPMENT CONFERENCE, PRED 05-11, APN 047-440-012, BUTTE COUNTY We have reviewed an application by George Nicolaus to divide an existing 68.1-acre parcel into 68 residential lots, under Butte County's flexible-lot subdivision ordinance. The subdivision is proposed to be on public water; however, sewage disposal will be to a community leach field located in a common area in the subdivision. The site is currently a nut orchard, and there are no existing structures. All or part of the property may be within a 100-year flood zone. We have the following comments. Wetlands and/or stream course alteration--The project proponent may require a Clean Water Act Section 404 permit (§404 permit) from the U.S. Army Corps of Engineers. A §404 permit is required for activities involving a discharge of dredged or fill material to waters of the United States. "Waters of the United States" include wetlands, riparian zones, streambeds, rivers, lakes and oceans. The Army Corps of Engineers Butte County contact for §404 permits is M.S. Laura Whitney, (916) 557-7455. Projects requiring a §404 permit also-require a water quality certification (pursuant to Section 401 of the Clean Water Act) verifying that the project does not violate State water quality standards. A water quality certification is required for any project that impacts water of the State (such as streams and wetlands). Activities that fall under the water quality certification process include, but are not limited to: stream crossings, the modification of stream banks or stream courses, and the filling or modification of wetlands. A water quality certification must be obtained prior to construction. Failure to obtain a water quality certification, when required, may result in enforcement action. The Regional Board Contact for water quality certifications is Scott A. Zaitz, who can be reached at the letterhead address or by telephoning (530) 224-4784. Isolated wetlands not covered by the federal Clean Water Act Wetlands not covered by the Clean Water Act are known as "isolated wetlands." Should the U.S. Army Corps of Engineers determine that isolated wetlands exist at the.project site and should the project impact or have potential to impact the isolated wetlands, a Report of Waste Discharge and filing fee must be submitted prior to commencing the construction activity. The Regional Board will consider the provided information and either issue or waive Waste Discharge Requirements. Failure to obtain waste discharge requirements or a waiver thereof, when required, may result in enforcement action. Report of Waste Discharge application forms are available by calling our office at (530) 224-4845. California Environmental Protection Agency �d Recycled Paper Dan Breedon - 2 - 18 April 2005 Phase II Storm Water Permit The County of Butte is required to comply with the State's Storm Water Permit for Small Municipal Separate Storm Sewer Systems. Under this permit the County of Butte must ensure that new developments comply with certain design standards for storm water runoff. A copy of the permit, including required new development standards, is available for viewing and download at the State Water Resources Control Board's website at: www.swreb.ca.gov/stormwtr/municipal.html. Construction storm water- A Construction Activities Storm Water Permit is required for storm water discharges associated with a construction activity where clearing, grading, and excavation result in a land disturbance of one acre or more. Storm water discharges from construction activity that results in a land disturbance of less than one acre, but which is part of a larger common plan development of one acre or more, also requires a construction storm water permit. A construction storm water permit, if required, must be obtained prior to construction. Failure to obtain a construction storm water permit, when required, may result in enforcement action. Construction storm water permits can be obtained from Scott A. Zaitz (see above contact information)with the Redding office of the Regional Board. Dewatering Alternative 1: discharge to storm drains or waters of the United States - A dewatering permit, General Order for Dewatering and Other Low Threat Discharges to Surface Waters, may be required for construction activities. This general NPDES (National Pollutant Discharge Elimination System)permit covers the discharge to waters of the United States of clean or relatively pollutant-free wastewater that poses little or no threat to water quality. The following categories are covered by the dewatering permit: well development water; construction dewatering; pump/well testing; pipeline/tank pressure testing; pipeline/tank flushing or dewatering; condensate discharges; water supply system discharges; miscellaneous dewatering/low threat discharges. The dewatering permit applies only to direct discharges to waters of the United States. Failure to obtain a dewatering permit, when required, may result in enforcement action. An application form and a copy of the permit are available at this office. Dewatering Alternative 2: discharges to land - Construction dewatering discharges that are contained on land (i.e., will not enter waters of the United States) are allowed under a general waiver adopted under Regional Board Resolution No. R5-2003-0008, provided the following conditions are met: (1) the dewatering discharge is of a quality as good as or better than underlying groundwater; and (2) there is a low risk of nuisance. Examples of dewatering discharges to land include a terminal basin, irrigation (with no return to waters of the United States), and dust control. You may request written confirmation from this office that the waiver is applicable. Wastewater treatment and disposal—Waste discharge requirements will be required for disposal of treated sewage to land. Flooding—Waste discharge requirements routinely prohibit wastewater discharge to areas within a 100-year flood zone. Dan Breedon - 3 - 18 April 2005 If you have any questions, please contact me at(530) 224-3249 or the letterhead address. Ray Bruun, P.E. Associate Engineer Shasta-Cascade Watershed RB: kg cc: Laura Whitney,U.S. Army Corps of Engineers, Sacramento Doug Fogel, Butte County Environmental Health Division, Oroville Cliff Bottenfield, Butte County Environmental Health Division, Chico George Nicolaus, Chico James Renfro, The Engineering Group, Chico 24-82 Flexible lot size provisions.. Page 1 of 5 Chapter 24 ZONING* 24-82 Flexible lot size provisions. (a) Purpose and intent. The purpose and intent of the flexible lot size provisions contained in this section is to increase the retention of natural resources, open space, and wildlife habitat, avoid hazardous areas, and further implement the goals and policies of the Butte County General Plan. Following are specific goals of the flexible lot size provisions: (1) Provide an incentive to create quality residential developments, particularly where special conditions exist that prevent the attainment of the maximum permitted density of a property that could otherwise be attained through conventional subdivision design. . (2) Require the avoidance of hazardous areas (e.g., 100-year flood zones)and preservation of environmentally sensitive areas (e.g., wetlands and special-status species habitat), productive agricultural and timber lands, and important cultural and scenic resources. (3) Facilitate innovative development concepts that achieve greater consistency with the Butte County General Plan. (4) Provide permanent open space for a variety of natural resource purposes. (5) Preclude additional development that may conflict with neighborhood quality of life. (6) Provide increased open space which may include active and passive recreation features that reduce demand for public park land. (7) Reduce infrastructure requirements by reducing the length of streets and water and sewer lines and by potentially reducing street width requirements. (b)Applicability. The provisions contained in this section are applicable, as described below: (1) Processing requirements. Allowed by right in all residential zoning districts that allow flexible lot size provisions, as specified in this section. A conditional use permit, planned unit development(PUD), or other rezoning application is not required. (2)Applicable parcel size. Parcels that could potentially be subdivided based on the minimum lot size specified in the applicable zoning district. (3) Land divisions. This process is applicable to all subdivisions, parcel maps, and parcel map waivers regardless of the number of lots proposed. (4)Optional use. Use of the flexible lot size provisions is optional. Persons wishing to subdivide and develop land may utilize this section or may proceed under other existing County Code requirements without use of these provisions. (5) Reference to flexible lot size provisions. Residential development applications submitted pursuant to this section shall be clearly identified as being so-designed on the tentative map. (6) Limitation on location. The use of the flexible lot size provisions shall not be applicable in urban areas designated in the Improvements Standards for Subdivisions, Parcel Maps and Site Improvements for Chapter 20 of the Butte County Code or within any adopted airport Comprehensive Land Use Plan. (c)Application requirements. The following processing procedures apply to the flexible lot size provisions. These procedures must be followed once a decision has been made to utilize the flexible lot size provisions. Subsequent to completion of the steps described in this subsection, a formal application filed pursuant to the flexible lot size provisions shall be processed and acted upon in accordance with standard provisions of the County Code governing tentative map and waiver applications, as specified in subsection (d). (1) Preliminary consultation. It is recommended that applicants proposing to utilize the flexible lot size provisions meet with development services staff prior to making an application. Once the decision has been made to proceed, the applicant must submit information specified in subsection (c)(2) below in order to begin the pre-development review process required in (c)(3) below. httn://rnuniciDalcodes.lexisnexis.com/codesibutteco/ DATA/CHAPTER24/24 82 Flexibl... 4/27/2005 24-82 Flexible lot size provisions. Page 2 of 5 (2) Supplementary application materials. The following materials shall be submitted. a. Opportunities and constraints mapping. At a minimum, this mapping shall illustrate land not suitable for development, as described in subsection (g)(1)of this section. b. Conceptual development plan. The conceptual development plan shall identify building lots/sites (including a description of the maximum number of lots), roads, open space areas, and other features based on the opportunities and constraints mapping. In addition, the conceptual development plan shall address all items listed in subsections g (except(g)(3)), (h)and (i). Where appropriate, information may be provided in narrative form. (3) Pre-development review meeting. Once a preliminary application has been submitted, development services department staff shall schedule a pre-development review meeting that includes the applicant and representatives from the development services department, environmental health division, public works department, county fire department, and any other agency with applicable interest in the proposed development site. The purpose of this meeting is to provide the following preliminary direction to the applicant: 1) identify any potential inconsistencies with county ordinances and policies, 2)identify design components and filing requirements recommended for the formal tentative subdivision map application, 3)discuss the review process, 4) identify potential environmental impacts, and 5) identify special studies that may be required to accompany the formal application. Any direction given shall be preliminary and is subject to further refinement or change as the application progresses to and through the formal application process. Following the meeting, the development services department shall send a letter to the applicant describing recommended direction, additional filing requirements for the formal application, and other determinations reached at the meeting. (4) Fee. A fee may be charged to cover county staff time in the pre-development review meeting in accordance with Articles IV and IX of Chapter 3 of the Butte County Code. (d) Formal application requirements. Following completion of the pre-development review processing steps set forth in subsection (c), development applications utilizing the flexible lot size provisions shall follow standard county code requirements governing tentative subdivision, parcel map and parcel map waiver applications. (e) Development standards. Development applications designed and submitted pursuant to the flexible lot size provisions shall adhere to the development standards for the zoning district applicable to the property; except as modified below: (1) Determination of allowable density. Residential density is solely a function of the zoning district applicable to the land at the time development is proposed. The maximum number of residential lots or units of a development submitted under the Flexible Lot Size Provisions shall be calculated based on the zoning and acreage applicable to the land to be developed. (2) Minimum lot size requirement. Lot size is flexible and can be variable; however, the provisions of Butte County Code section 24-75 shall apply as a minimum lot size provided the county's building code, sewage disposal, water supply, health and safety, fire safety, and other applicable regulations are met. (3)Subdivision map notation. Final subdivision and parcel maps shall include a notation that stipulates that the parcels created under the provisions of this section cannot be further divided except remainder parcels in phased developments, as provided in subsection (h)of this section. (4) Building setbacks/yard area and lot dimension requirements. Building setback and lot dimension requirements are flexible, but under no circumstance shall setbacks from property lines be less than five (5)feet. Lots may be designed with building envelopes instead of conventional building setbacks. Building envelope areas must be delineated on the tentative and recorded subdivision maps. Lot areas outside of established building envelopes will not automatically require the establishment of open space easements. Depending upon the reason for the use of building envelopes, a conservation easement may be used or alternative management standards may be established.All site development shall be consistent with the county's fire safe requirements and Public Resources Code, Section 4290. (5)Street design. Street improvements shall be governed by the following factors: a. Deviation from conventional road and sidewalk requirements may be requested by the applicant. The decision making body may approve deviations depending upon project design, site conditions, and other factors. http://municipalcodes.lexisnexis.com/codes/butteco/ DATA/CHAPTER24/24 82 Flexibl... 4/27/2005 24-82 Flexible lot size provisions. Page 3 of 5 b. Streets may be privately owned and maintained, or may be proposed for dedication to the county. c. All street design standard shall be approved for safety by the Director of Public Works and the County Fire Marshal. (6)Sewage disposal/potable water. a. Subdivisions creating less than twenty-five (25) parcels shall meet the following standards: 1. Sewage disposal shall be by an individual system located on the parcel it serves and approved by the Butte County Environmental Heath Division. 2. Domestic water shall be provided by individual wells, as defined by Chapter 23 of the Butte County Code. Individual wells shall not be located in the open space area or on a common area parcel unless the applicant can show that water is not available in other locations and that impacts to sensitive or protected lands can be avoided or mitigated. b. Subdivisions creating twenty-five (25)or more parcels may meet the following standards: 1. The project may use.a community sewage disposal system and community well, provided there is a homeowners association as the responsible maintenance entity. 2. Community facilities may be located on the open space parcel provided it can be located on suitable land that is not subject to physical or environmental constraints. Each request shall obtain tentative clearance from the Butte County Health Department, Environmental Health Division for the proposed lot sizes. Soil tests, drilling of test wells, or geologic reports may be required to provide evidence of sewage disposal capacity and domestic water availability. Minimum lot areas for septic systems must comply with section 20-120.1 of the Butte County Subdivision Ordinance and Appendix VII of the Improvement Standards for Subdivisions. (f) Permitted uses/accessory uses. Except as noted herein, all land uses permitted in the applicable zoning district shall be permitted under the flexible lot size provisions. Where modifications in lot design standards have occurred, as provided for in this section, there may be limitations on certain permitted and accessory uses due to lot coverage restrictions and/or setbacks prescribed in the applicable zoning district. Uses allowed in dedicated open space shall be limited as described in subsection (g). Exceptions: (1)Second units. Second units are allowed in projects submitted under the flexible lot size provisions, where allowed by the underlying zoning district; provided however, that the total density allowed for the project is not exceeded. (g)Open space requirements. The following requirements apply specifically to areas identified as dedicated open space in flexible lot size developments: (1) Land not.suitable for development. Dedicated open space areas shall be designated for all land not suitable for development. Primary areas must be avoided and reserved as permanent open space in all instances. In some instances, the decision making body may require that secondary areas or portions of secondary areas be avoided. In addition, other lands may be required to be in the designated open space to meet the minimum requirements of(g)(4) below or may be included at the request of the applicant. a. Primary areas. 1. 100-year flood zones. 2. Wetlands, riparian areas and other sensitive biological habitats. 3. Unstable slopes. 4. Sensitive archaeological sites. b. Secondary areas. 1. Timber areas. 2. Scenic areas. 3. Historic areas. 4. Deer migration, established fawning and winter range areas. 5.Areas with a slope of thirty(30) percent or greater. http://municipalcodes.lexisnexis.com/podes/butteco/ DATA/CHAPTER24/24_82_Flexibl... 4/27/2005 24-82 Flexible lot size provisions. Page 4 of 5 6. Viable/important grazing lands. (2)Open space/conservation easement required. Areas not designated for development shall be reserved as open space pursuant to this section. Open space shall be guaranteed in perpetuity using one or more of the following control mechanisms: a. Dedication of a conservation (or open space)easement to the county, other public agency or a public interest land trust. b. Dedication of land in fee-title to the county or other public agency. c. A development agreement with deed restrictions or other appropriate mechanisms. The above mechanisms may be used separately or in combination with transfer of development credits, and density transfer covenants, as provided for in subsection (i). Remainder lots in phased developments identified as being reserved for potential future development are exempted from this requirement(see subsection (h)). (3) Open space management plan required. Public and private open space shall be maintained in accordance with an open space management plan acceptable to and approved by the county. Such plans shall, at a minimum, address the following: a. Grass and brush clearing for fire fuel management, as required by site conditions. b. Erosion control. c. Sewage disposal, water well, and stormwater drainage facilities, including ditches and detention basins, if proposed for the development. d. Other natural resource management activities and uses. Open space management plans shall include provisions for long-term maintenance of improvements and facilities that will not result in a fiscal impact on the county. (4) Open space minimums.The amount of open space reserved in a project shall vary in accordance with the following provisions: a. For projects in zoning districts with a minimum lot size requirement of five (5)acres or less, open space requirements shall be based solely on the constraining site features, as described in subsection (g)(1). b. For projects in zoning districts with a minimum lot size requirement of greater than five (5)and less than forty(40)acres, a minimum of fifty (50) percent of the total project site shall be dedicated as permanent open space. The fifty(50)percent open space dedication requirement does not apply in instances where there are no areas unsuitable for development (as described in subsection (g)(1)and the subdivision design merely proposes a variety of lot sizes. c. For projects in zoning districts with a minimum lot size requirement of forty (40)to one hundred sixty(160) acres, a minimum of eighty (80) percent of the total project site shall be dedicated as permanent open space. (5)Uses permitted in dedicated open space. Uses and activities within dedicated open space shall be compatible with open space land. Unless limited or restricted by a conservation easement, development agreement, conditions on the approved tentative map, or other restricting mechanism, the following uses are permitted: a. Agriculture, including grazing and timber management, are permitted uses where allowed by the underlying zoning district. b. Uses requiring a use permit in the zone in which the land lies, provided a use permit is obtained from the planning commission. c. Resource conservation. d. Wildlife management. e. Recreational activities compatible with the objectives of the open space management plan, as required by subsection (g)(3). f. Community wells, community septic systems, community sewage disposal systems, and individual wells under certain circumstances. g. Pedestrian, bicycle, and equestrian trails. Public access is not required, but may be permitted http://municipalcodes.lexisnexis.com/codes/butteco/_DATA/CHAPTER24/24_82_Flexibl... 4/27/2005 24-82 Flexible lot size provisions. Page 5 of 5 subject to a public access easement being recorded. h. Other similar uses, as determined through the application review process. (6)Contiguity. To the maximum extent possible, on-site open space areas should be consolidated or linked, and not fragmented. This will facilitate wildlife movement, maintain functioning biological communities, and accommodate recreational opportunities. Open space connections to adjoining land beyond the project site should be anticipated and identified where practicable. (7)Access to open space. To the extent practicable, all residential lots shall have physical and/or visual contact with permanent open space. This is intended to facilitate surveillance, foster routine maintenance, and improve the quality of life of project residents through the integration of homesites into a permanent open space setting. (8)Trails. Where pedestrian, bicycle, and/or equestrian trails are constructed in dedicated open space areas, the following requirements shall apply: a. Environmentally sensitive areas shall not be impacted. b. Privacy of proposed on-site and existing off site residences shall not be intruded upon. c. Public access shall be permitted only where public access easements, consistent with an adopted trail master plan, have been acquired. (h) Phased.development. Projects may be proposed for development in two (2)or more phases. Remainder portions may be proposed and set aside for further development. In such instances, the following shall apply: (1) Land not proposed for immediate development shall be labeled "Remainder" on the subdivision map. (2)The acreage of the remainder may only be included in the calculation of residential density of the developed area if a transfer of density(as addressed in subsections (g)(7)and (i) has been approved. (3)When development of the remainder portion is proposed, a subdivision application may be filed as a conventional development, planned unit development(PUD), or flexible lot size development. . (4) Residential density transfers shall also include lands set aside as permanent open space. (5)Where phasing is proposed, open space proposed for the entire development area shall either be developed or guaranteed in proportion to the number of dwelling units proposed on a phase-by-phase basis. (6) Under no circumstances shall phased development result in higher residential density than is otherwise permitted by the zoning district. (i) Development credit/density transfer. (1) Development credits or density may be transferred within parcels, across parcel lines of contiguous parcels, and from non-contiguous lands that are part of a single development proposal. (2)All development credit transfers shall be specified and governed by a development agreement or other suitable instrument between the developer, applicable sending site landowner, and the county. (Ord. No. 3560, § 1, 10-12-99) http://municipalcodes.lexisnexis.com/codesibutteco/ DATA/CHAPTER24/24_82_Flexibl... 4/27/2005 24-210 PUD (Planned Unit Development) Zone. Page 1 of 2 Chapter 24 ZONING* 24-210 PUD (Planned Unit Development) Zone. (a) Purpose. The purpose of the Planned Unit Development (PUD)Zone is to allow diversification in the relationship of various uses, buildings, structures, lot sizes and open spaces, to encourage and take advantage of opportunities for more integrated, flexible and superior design than is available through the application of conventional regulation which anticipates individual lot development. It is the intent of this zone to provide a flexible means to implement the goals, policies and programs of the Butte County general plan while ensuring the provision of adequate standards to protect the public health, safety and general welfare. It is also the purpose of this zone to encourage innovative, high-quality design, efficient use of land and modem site planning for residential, agriculture, commercial and industrial purposes. (b)Adoption and use limitations. A planned unit development(PUD)zone shall be established by the adoption of an ordinance by the board of supervisors rezoning the property to the Planned Unit Development Zone and adopted by reference a land use and development plan, the provisions of which, together with any other provisions which in the opinion of the board of supervisors are necessary and included in the ordinance, shall constitute the regulations for the use, improvement and maintenance of the property within the boundaries of the zone. Except as hereinafter provided, no use, building, structure or parcel may be made, created or otherwise altered except as it complies with the ordinance adopted pursuant to this chapter. (c) Land use density area. The residential land use density of any planned unit development zone shall not exceed that allowed by the Butte County general plan designation for the proposed site. (d) Preapplication conference. Before filing any application for planned unit development zoning, the prospective applicant is encouraged to submit to the planning division preliminary plans, sketches and basic site information for consideration and advice as to the relationship of the proposed development to the applicable general and specific plans and policies. Other departments and agencies with responsibilities for review, comment or other regulation of the proposed development may participate at the discretion of the director of development services, and with the participation of appropriate responsible agencies, pursuant to section 210800.3 of the Public Resources Code and section 15066 of the California Environmental Quality Act (CEQA) Guidelines. (e) Development criteria. In addition to the criteria listed on the attached sheet [of Ordinance No. 3176], the following items are required: (1) Each PUD shall, as a minimum, provide off-street parking in accordance with chapter 24, off- street parking. Additional parking equal to fifty (50) percent of the required spaces shall be provided unless modified by the director of development services or planning commission. (2) In residential PUDs plans shall provide that not less than twenty-five (25) percent of the residential portion of the project shall be utilized for purposes other than residential dwellings and paved areas for vehicular uses. No less than forty-five (45) percent of such twenty-five (25) percent shall be utilized for recreation or park areas available for use by all residents. The same criteria for open space area shall apply to agricultural PUDs which may or may not include residential uses. (3) Each industrial or commercial PUD shall provide that not less than ten (10)percent of the project shall be developed as landscaped areas. (4) Each PUD shall obtain tentative clearance from the Butte County health division, division of environmental health, for sewage disposal and water supply for the project at the density proposed. Soil tests, drilling of test wells or geologic reports are among the steps that may be required to provide evidence of sewage disposal capability and water availability for domestic use. Minimum lot areas for septic systems must comply with section 20-120.1 of the Butte County subdivision ordinance and appendix VII of the improvement standards for subdivisions. (f)Applying for a rezone to PUD. The planned unit development is intended to allow diversification in the relationship of various uses, buildings, structures, lot sizes and open spaces while ensuring substantial compliance with the general plan and the intent of the County Code in http://municipalcodes.lexisnexis.com/codesibutteco/ DATA/CHAPTER24/24_210_PUD... 5/13/2005 24-210 PUD (Planned Unit Development) Zone. Page 2 of 2 requiring adequate standards necessary to satisfy the requirements of public health, safety and general welfare. Each application for a rezone to PUD shall include: (1)A completed rezoning application form. (2)A completed environmental information appendix"E"form. (3) Copies, as specified in the rezone application, of a preliminary development plan and a reproducible master, the plan should be drawn to scale and indicate: a. Proposed use(s) of all land in the subject area. b. Existing natural land features and topography of the subject area. c. Circulation plan for all vehicular and pedestrian ways, including typical section of roadways. d. Metes and bounds of the subject property. e. Location and dimensions of all existing structures. f. Locations of landscaping, parking areas, fire hydrants, street lighting, typical proposed structures, sewage disposal,and water supply systems. g. Preliminary grading for the development. (4)A title report which includes a written legal description of the subject area, that report to be not more than six (6) months old. (5)A preliminary report on provisions for and location of storm drainage, sewage disposal and public utilities. (6)A statement which describes the organization of any proposed homeowners' association, listing the intended covenants, conditions and restrictions. (7)A statement from the applicant explaining how the proposed development conforms to, and is consistent with, the general plan. (8) Include a statement that describes the intended height and bulk of the structures and their relationship to the surrounding areas. (9)A statement concerning any proposed phasing of the project, indicating the sequence and timing of each phase and how each unit would independently constitute reasonable and orderly development of the area. Additional information may be required by the planning commission or board of supervisors at the time of any public hearing. (g)Application. Any application for rezoning to planned unit development shall be accompanied by a proposed development plan to be reviewed for tentative map approval pursuant to chapter 20 of the Butte County Code. All applicable fees will be submitted as part of the.application. Such fees will include those required for a tentative subdivision map application. As to form and content, the proposed development plan map and the review process shall conform to the requirements of this Code for a tentative map. The director of development services shall set the application for hearings as in the case of other rezoning and tentative map applications. After reviewing the recommendations from the planning commission, the board of supervisors will approve/deny the tentative map at the same hearing as the PUD rezone is approved/denied. (Ord. 3850, § 13, 4-22-03: Ord. No. 3176, § 1(Exh.A), 1-24-95) httn://muniCiDalcodes.lexisnexis.eom/codes/butteco/ DATA/CHAPTER24/24 210 PUD... 5/13/2005 Y, �� ♦f Butte County Depa"lment of Development Service OPY PLANNING DIVISION o�UT � o I o 7 County Center Drive o o Oroville,CA 95965 0 ' °' Y ' o (530) 538-7601 Telephone c�UN'�y (530)538-7785 Facsimile April 13, 2005 TO: Enter Agency or Department FROM: Dan Breedon, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: George R. Nicolaus, Predevelopment Conference - PRED 05-11 APN: 047-440-012 DATE OF IDR*: 04/27/2005 *Inter-Departmental Review Committee IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: April 25, 2005 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: May 12, 2005 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter-Departmental Review (IDR) Committee meeting on 04/27/2005, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Request for flexible lot size subdivision to create 68 residential parcels of approx 0.5 acre each and two service lots for storm water retention and sewage disposal on a 68.1 acre parcel PROJECT LOCATION: The property is located between SR-99 and Garner Lane approximately 1,000 feet north of Kittyhawk Drive in the north Chico area COUNTY SUPERVISOR DISTRICT NO.: 3 ZONING: SR-1 (Suburban Residential, 1-acre parcels) GENERAL PLAN: AR (Agricultural Residential) If a response cannot be submitted prior to the due dates listed above, please call Dan Breedon at (530) 538-7629 or send him an email at dbreedon@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. IDR COMMITTEE -APPLICATION COMPLETE , ❑ No (Please send response to Dan Breedon by April 25, 2005) Yes (Conditions/mitigation measures due by May 12, 2005) K:\Planning\Pi-ojects\CommentRequestForm.dot S -1 yYL_ Butte County Department of Development Services UTrF YVONNE CHRISTOPHER,DIRECTOR o 0 0 0 7 County Center Drive o 0 Oroville,CA 95965 0 - -- ` 0 (530)538-7601 Telephone (530)538.7785 Facsimile C0 tNI ADMINISTRATION*BUILDING*GIS*PLANNING April 11, 2005 Mr. George Nicolaus 66 Marybill Ranch Road Chico, CA 95928 Dear Mr. Nicolaus: RE: Pre-development Review for George Nicolaus (Levy Property) Tentative Subdivision Map (PRED-05-I1) This letter is to inform you that a pre-application conference has been scheduled for April 27, 2005 at 1:00 pm. in the Department of Development Services Conference Room A, 7 County Center Drive, Oroville. 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. Serel Daniel C. Breedon Principal Planner cc: Tim Wood,The Engineering Group Butte County Department of Development Services o�UTTFo YVONNE CHRISTOPHER,DIRECTOR 7 County Center Drive o 0 Oroville,CA 95965 0 0 (530)538-7601 Telephone 0 _ (530)538.7785 Facsimile 0 =Y=� o c�U Nay ADMINISTRATION * BUILDING * GIS *PLANNING April 11, 2005 To Reviewing Agencies and Departments: Subject: Pre-development Review for George Nicolaus (Levy Property) Tentative Subdivision Map (PRED-05-11) The Butte County Development Service Department has received a request for a pre- development review meeting with County staff regarding a Flexible Lot Size Subdivision, in accordance with Butte County Code 24-82 (c) (3). This meeting is being held prior to formal submission of the application. The proposal would create 68 residential parcels of approximately %z acre each and two service lots for storm water detention and sewage disposal, on a 68.19-acre parcel zoned SR-1 (Suburban Residential, 1-acre parcels). The property is located between SR- 99 and Garner Lane Approximately 1000 feet north of Kitty Hawk Drive in the north Chico area. The purpose*of this meeting is to provide the following preliminary direction to the applicant: 1) Identify any potential inconsistencies with County ordinances and policies, 2) Identify design components and filing requirements recommended for the formal tentative subdivision map application, 3) Discuss the review process, 4) Identify potential environmental impacts, and 5) Identify special studies that may be required to accompany the formal application. Planning Division staff will also review this proposal for conformance with the Flexible Lot Size Provisions of Butte County Code. Any direction given shall be preliminary and is subject to further refinement or change as the application progresses through the formal application process. Following the meeting, the Development Services.Department shall send a letter to the applicant describing recommended direction, additional filing requirements for the formal application, and other determinations reached at the meeting. The pre-development conference will be held in the Development Services Department conference room located at 7 County Center Drive, Oroville on April 27, 2005 at 1:00 pm. If your department or agency has concerns or comments regarding the proposal, please have someone attend or submit written comments to this department prior to the meeting. Comments may be faxed to (530) 538-7785 attention Dan Breedon, Principal Planner. Should you have any questions please contact me at (530) 538-7629. All comments will be shared with the applicant who shall be in attendance at the meeting. Sincerely Vanlree on Principal Planner Enclosures cc: IDR Committee City of Chico Ray Bruun, Regional Water Quality Control Board CalTrans K:\Planning\PROJECTS\PRED\NICOLAUS.PRED 05-11\Flex Lot Predevel Ltr.doc BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE SUBDIVISION MAP APPLICANT: George R. Nicolaus DATE RECEIVED: 02/23/2005 AGENT: The Engineering Group APN: 047-440-012 PLANNER: Dan Breedon FILE#: PRED 05-11 PROJECT.DESCRIPTION: Request for flexible lot size subdivision to create 68 residential parcels of approx 0.5 acre each and two service lots for storm water retention and sewage disposal on a 68.1 acre parcel. Those items checked are conditions of approval. PLEASE .CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ❑ 1. Prior to, or concurrently with the recordation of the Final Map, provide a fully executed road maintenance agreement on the County approved form. ❑ 2. Provide street name signs per requirements of the Department of Public Works prior to recordation of the Final Map. Street names shall be reviewed by the County Address Coordinator and one name shall be recommended to the Board of Supervisors for approval prior to the recordation of the Final Map. A minimum of five alternate names for each new street shall be submitted. ❑ 3. Obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. ❑ 4. Provide a cul-de-sac, designed and constructed to county standards as specified in the County Improvement Standards. The Final Map shall show the cul-de-sac. ❑ 5. Prior to the recordation of the Final Map, prove, to the satisfaction of the Director of Public Works, that there is approved access conforming to County standards to each parcel from a publicly maintained road. ❑ 6. All access rights shall be reserved by deed, per County Ordinance, and offered for dedication and depicted on the Final Map. ❑ 7. The developer shall provide all necessary traffic safety signs including stop signs. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Final Map stating "The property owners are responsible for the maintenance of all private road safety signs, including stop signs." ❑ 8. Pay the recording fees then in effect for recording the Final Maps and related documents. ❑ 9. Deed to Butte County, in fee simple, feet of right-of-way from the centerline of along the entire property frontage. The right-of-way shall be sufficient for the installation of standard No. S-5 at all street intersections. ❑ 10. Construct street section on to_geometric standard. Minimum structural section to be "AC and "AB, SC 250 prime, fog seal and 95% relative compaction. Submit design to Land Development Division for approval. "R" value determination and other data may be required to support the section design. • ❑ 11. Construct street section on to RS- road standard with curb, gutter, and sidewalk and " AC, and "AB, SC 250 prime, fog seal and 95% relative compaction. Construct street section on to RS- road standard with curb, gutter, and sidewalk and " AC, and " AB, SC 250 prime, fog seal and 95% relative compaction. Submit design to Land Development.Division for approval. "R" value determination and other data may be required to support the section design. ❑ 12. Relinquish abutters rights to Butte County, along the frontage of parcels ,except at approved access points. ❑ 13. Prior to the recordation of the Final Map, obtain an encroachment permit and construct a public road connection, County Standard , in accordance with County Improvement Standards. Adequate sight distance at the intersection of access road and shall be provided. ❑ 14. Show on the additional map sheet or on a document to be recorded concurrently with the Final Map a -ft.building setback from the centerline of ❑ 15. Street lighting shall be provided in accordance with Butte County requirements, accepted design criteria, and recommendations of Pacific Gas & Electric Company. If the developer chooses to install the streetlights and pay energy costs through a County Service Area (CSA), he/she must complete the formation of the CSA prior to recordation of the Final Map. The CSA formation process will require the Developer to fund the service until the beginning of the first fiscal year in which service charges can be collected for the CSA, and agree to an annual maximum service charge to ensure continued operation of the facilities. B. DRAINAGE ❑ 1. Prior to the recordation of the Final Map, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. 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 and a temporary benchmark on-site. ❑ 3. Pay the applicable drainage fees in effect at the time of recordation of the Final Map for the drainage area. (The current fee is now$ /acre.) ❑ 4. A Construction Storm Water Permit will be required by the State Water Resources Control Board if the project results in a disturbance(including clearing, excavation, filling,and grading)of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. C. FINAL MAP ❑ 1. New lot lines shall comply with the applicable setback requirements of the Butte County Zoning Ordinance and the County adopted Uniform Building Code. ❑ 2. Show all easements of record on the Final Map. 0 ❑ 3. Prior to or concurrently with the recordation of the Final Map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8, of Chapter 4 of Division 2 of Title 7,of the California Government Code commencing with Section 66492. ❑ 4. Prior to the recordation of the Final Map, prove, to the satisfaction of the Director of Public Works, that the parcel to be divided is a legal parcel. ❑ 5. Prior to or concurrently with the recordation of the Final Map, pay all applicable assessments established by affected assessment districts, in full. ❑ 6. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Final Map regarding BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE SUBDIVISION MAP APPLICANT: George R. Nicolaus DATE RECEIVED: 02/23/2005 AGENT: The Engineering Group APN: 047-440-012 PLANNER: Dan Breedon FILE#: PRIED 05-11 PROJECT DESCRIPTION: Request for flexible lot size subdivision to create 68 residential parcels of approx 0.5 acre each and two service lots for storm water retention and sewage disposal on a 68.1 acre parcel Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: D. LEACHFIELDS ❑ 1. Identify on the additional map sheet a 100-ft. leachfield free setback from each existing well. ❑ 2. Meet the sewage disposal requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems within a flood plain/floodway. ❑ 3. Prior to commencing construction or installation of any required site improvements on the property, verify that winter groundwater elevations are in compliance with County Improvement Standards, Appendix 7. ❑ 4. Identify on the additional map sheet an area for wells and a 100-ft. leachfield free setback around that area on parcels ❑ 5. Identify on the additional map sheet a 50-ft. leachfield setback from the drainage way on (lots) (parcels) ❑ 6. Identify on the additional map sheet a 100-ft. leachfield setback from the highwater line of the creek on(lots)(parcels) ❑ 7. Identify on the additional map sheet a 100-ft. leachfield setback from the spring on(lots) (parcels) ❑ 8. Identify on the additional map sheet a 200-ft. leachfield setback from the highwater line of the lake on(lots)(parcels) ❑ 9. Identify on the additional map sheet a leachfield setback for four(4) times the height of the cut on (lots)(parcels) ❑ 10. Locate, and, if necessary,relocate the sewage disposal systems serving existing buildings on(lots) (parcels) E. SEWAGE DISPOSAL AREAS ❑ 1. Identify on the additional map sheet those areas with slopes in excess of thirty (30) percent as "Unsuitable for Sewage Disposal". ❑ 2. Identify on the additional map sheet usable sewage disposal areas proven to meet the requirements of County Improvement Standards, Appendix 7. Combine with adjacent (parcel(s)) (lot(s)) any parcel not proven to contain usable sewage disposal area. r ❑ 3. Identify on the additional map sheet unsuitable sewage disposal areas. ❑ 4. Those wells indicated on the Tentative Map or on the Final Map that are proposed to be destroyed, in order to provide required usable sewage disposal areas, shall be destroyed under a valid Butte County Environmental Health Division permit. ❑ 5. Identify on the additional map sheet that no water well may be located within 100 feet of the usable sewage disposal area on(lots)(parcels) ❑ 6. Prior to recordation of the Final Map, in the nitrate area record an executed Future Sewer Service and Storm Drainage Agreement. ❑ 7. Meet the requirements of the (Watershed Protection Zone), (Villa Verona Moratorium Area), (Cohasset Specific Plan). F. INDIVIDUAL WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, prove that the required quantities of domestic water are available to(lots)(parcels) ❑ 2. Prove that the required quantities of domestic water are available or place the statement on the additional map sheet of the Final Map that "There is no evidence that domestic water is available" for(lots)(parcels) ❑ 3. Provide a source of domestic water for the building on(lot)(parcel) ❑ 4. Prior to Final Map, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. G. PUBLIC WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, design and construct a new community water supply system in compliance with the California State Safe Drinking Water Act. ❑ 2. Prior to recordation of the Final Map, provide a letter or other documentation from stating that they are willing and able to supply domestic water to (lots)(parcels) ❑ 3. Place a note on the additional map sheet that states "Development of (lots) (parcels) will require connection to a public water supply". ❑ 4. Prior to Final Map, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. H. EXISTING COMMUNITY SEWER ❑ 1. Prior to the Final Map, provide a letter or other documentation from stating that they are willing and able to supply sewer. service to (lots) (parcels) ❑ 2. Place a note on the additional map sheet that states "Development of (lots) (parcels) will require connection to a public sanitary sewer". ❑ 3. Prior to the issuance of a building permit, under a permit issued by the Environmental Health Division, properly abandon the septic tank and connect the dwelling(s) on (lots) (parcel(s)) to public sewer. i I. NEW COMMUNITY SEWER ❑ I. Prior to the Final Map, provide community sewage collection, treatment and disposal facilities in compliance with California State Regional Water Quality Control Board, the Butte County Code, California Health and Safety Code, Federal Law and other applicable codes and regulations governing the design, construction and operation of the facilities. ❑ 2. Prior to the Final Map, comply with all sewage disposal facility construction standards and health and safety and requirements of the Butte County Code, California Health and Safety Code, Federal Law, and other applicable codes and regulations governing the construction of such facilities. ❑ 3. Prior to the Final Map, provide a community services district or other legal (government) entity adequate to insure the operation, maintenance or repair of the sewage collection, treatment and disposal facilities. At a minimum,creation of the entity shall: a. Insure financing of operation,repair and maintenance. b. Provide qualified individuals and operational procedures for facility operations, repair and maintenance. C. Provide adequate resources to comply with all monitoring and other Regional Water Quality Control Board Waste Discharge Requirements. d. Provide adequate resources for facility inspections and reports. e. Provide adequate resources and/or mechanism to insure adequate funding of a major sewage treatment and a disposal facility replacement or reconstruction if necessary. f. Provide a liability risk assessment for review by the County of Butte. g. Indemnify the County of Butte and community services district or other government entity for all claims and liability that may occur relative to the sewage disposal facilities. ❑ 4. Locate wastewater ponds separate, as required, from areas of residential development. Meet design requirements for control of mosquitoes and nuisance insects in the wastewater ponds to the satisfaction of the appropriate Mosquito and Vector Control District. ❑ 5. If a homeowners association is provided, obtain approval of the By-laws and CC & Rs by Butte County Environmental Health, and, if required, by the California State Regional Water Quality Control Board. Approval shall be obtained prior to recordation of the Final Map. J. COMMUNITY SEWER SPECIAL NITRATE AREA ❑ 1. In accordance with the Chico Area Nitrate Action Plan, provide for a connection to the public sewer, if practical and feasible. A determination that connection is not practical and feasible shall be made with the concurrence of the Central Valley Regional Water Quality Control Board and the Environmental Health Division. NOTE: Board staff is currently requiring a density of no greater than one equivalent residential unit per acre for development on septic tanks where sewer is not available. ❑ 2. If connection to a public sewer is not feasible prior to recordation of the Final Map: a. Provide the minimum required sewage disposal area as required by the Butte County Subdivision Ordinance and the Nitrate Action Plan. i b. In conformance with the City of Chico Sanitary Sewer Muster Plan, dated December 20, 1985, construct dry line sewer mains to serve the project and stubbed out to the property line to for future public sewer connection. C. Provide a community services district or other legal (government) entity adequate to ensure the maintenance of the dry sewer main and, when necessary,the activated sewer main. d. Sign and record sewer and storm drainage agreements for compliance with the Nitrate Action Plan. e. Place the following notes on the additional map sheet or document to be recorded concurrently with the Final Map: "Butte County permit for the installation of individual septic systems shall require the construction of sewer laterals for future public sewer connection." "Lots within this subdivision are subject to sewage flow restrictions that preclude high water use business activities." "The discharge of wastewater, other than domestic sewage, into individual sewage disposal systems requires approval of the California State Regional Water Quality Control Board,Central Valley Region." f Provide CC & Rs for the project that specify maximum allowable domestic sewage flows per lot or parcel approved by the Regional Water Quality Control Board,Central Valley Region. Within the CC& Rs,.provide for changes to be with the concurrence of the Regional Water Quality Control Board,Central Valley Region. K. SOLID WASTE DISPOSAL PLANS ❑ 1. Place a note on a separate document which is to be recorded with the map or on an additional map sheet of the Parcel Map or Final Map stating "Solid waste disposal shall be the responsibility of each property owner. Trash and debris shall be picked up weekly by either a trash collection company approved by the County of Butte or the property.owner shall assume the responsibility for taking trash and debris to a County approved land fill'. BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE SUBDIVISION MAP APPLICANT: George R. Nicolaus DATE RECEIVED: 02/23/2005 AGENT: The Engineering Group APN: 047-440-012 PLANNER: Dan Breedon FILE#: PRED 05-11 PROJECT DESCRIPTION: Request for flexible lot size subdivision to create 68 residential parcels of approx 0.5 acre each and two service lots for storm water retention and sewage disposal on a 68.1 acre parcel Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: L. BUILDING PERMITS ❑ 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, may include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. ❑ 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. M. EXISTING STRUCTURES ❑ l. .Comply with the Uniform Building Code for property line clearances considering use, area and fire resistant construction of existing buildings. ❑ 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s)-or the existing building(s) shall be demolished. BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE SUBDIVISION MAP APPLICANT: George R. Nicolaus DATE RECEIVED: 02/23/2005 AGENT: The Engineering Group APN: 047-440-012 PLANNER: Dan Breedon FILE#: PRED 05-11 PROJECT DESCRIPTION: Request for flexible lot size subdivision to create 68 residential parcels of approx 0.5 acre each and two service lots for storm water retention and sewage disposal on a 68.1 acre parcel Those items checked are conditions of approval. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: N. SITE DEVELOPMENT ❑ 1. Prior to the issuance of building permits, the plans, incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. ❑ 2. Where a proposed development will have 5 or more mailing addresses, the site plan shall show the location of centralized mail delivery units. Concrete bases and the centralized mail delivery units, shall be installed by the developer. Specifications of the concrete bases and mail delivery units shall be in accordance with the requirements of Postal Service and the Butte County Department of Public Works. O. LANDSCAPING ❑ 1. A Landscape and Lighting Maintenance District, Community Service District, Homeowners Association, or other alternative entity acceptable to the Planning Manger, shall be established to maintain landscaping. ❑ 2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access, shall be provided to and approved by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature trees removed shall be replaced by planting replacement trees of equal number and not less than gallon size. ❑ 3. For division of land, where lots of 1 acre or less are created, street trees of not less than 15-gallon size shall be installed in accordance with Butte County standards as specified in The street trees shall be planted at an average of one every 30 feet on streets inside the land division and at an average of one every 20 feet on Circulation Element roads. ❑ 4. All graded slopes, over 5 feet in height, or on slopes greater than %, shall be seeded, planted, mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system shall be installed for non-native vegetation. A one' year Faithful Performance bond shall be posted to guarantee installation and established growth. I ❑ 5. Prior to the commencement of grading and/or construction activity, all individual or groups of oak trees which are to be retained as part of the project, shall be fully protected through the use of root protection zones (RPZ). During construction, RPZs shall be established using protective fencing enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. Within this protective buffer, no grading, trenching, fill, or vegetation alteration of any kind shall be allowed. The RPZs shall be maintained after the completion of construction in order to continue to protect the oak trees,but the fencing shall be removed. P. FINAL MAPS ❑ 1. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet which states, "Structures, dumping, fill material, vegetation removal and/or excavation shall not be allowed within the 50 foot No Disturbance Setback as depicted." The 50 foot "No Disturbance Setback" shall be measured from the top of bank or outer edge of the riparian vegetation along Creek, whichever is greater. Limited vegetation removal necessary for flood control and normal orchard operations is permissible within the "No Disturbance Setback;" however, all living and thriving native trees shall be retained and all vegetation removal shall be approved by the Department of Fish and Game prior to removal. ❑ 2. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet which states, "Residences constructed on lots and shall be constructed in a manner to bring the sound levels from dBA exterior source to 45 dBA interior." ❑ 3. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet which states, "At the time of building permit application, if a Deer Herd Impact fee(s) is currently in effect, it shall be paid prior to the issuance of the building permit." ❑ 4. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet which states, "Fencing for areas other than residential areas .shall be limited to a maximum of 5 wire strands. The lower strand shall be at least 16" above the ground and the upper strand shall be no higher than 48" above the ground." ❑ 5. Prior to the recordation of the Final Map, the applicant shall pay all overdue or outstanding County fees. Q. GRADING ❑ I. Place a note on a separate document which is to be recorded concurrently with the Final Map or on an additional map sheet stating "During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division. "Archaeological artifacts" are defined as follows: ❑ 2. Prior to any clearing, grading and/or construction in a Federal or State identified 100 year r floodplain and/or streambed the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404 permit or exemption certificate. R. ADDITIONAL APPROVALS ❑ 1. This application is approved subject to the conditions contained herein. The tentative subdivision map on file in the Planning Division identified as Exhibit "B" and dated 20_is incorporated by reference. ❑ 2. All lots are subject to the payment of the North Oroville/Thermalito Traffic Impact Fees. ❑ 3. The applicant/owner shall sign the CSA 87 Traffic and Drainage Mitigation Agreement and/or pay the required fee(s) prior to the issuance of building permits. If the agreement is used it shall be recorded by the applicant prior to the recordation of the Final Map. ❑ 4. The applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement prior to the recordation of the Final Map and place a note on the Final Map or separate document which is to be recorded concurrently stating, "A traffic mitigation fee of $750 shall be paid prior to the issuance of a building permit for each new or additional living unit." ❑ 5. To insure the maintenance and continuance of the orchard or other agricultural use of the property, all lot owners shall enter into the County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The agreement shall be recorded and recording fees paid by the applicant. ❑ 6. The developer shall display a current County Zoning and County Land Use Map in the sales office at all times, and/or suitable alternatives. ❑ 7. All sales maps that are distributed or made available to the public shall include but not be limited to showing future and existing schools,parks, and streets. ❑ 8. The Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article II of the Butte County Code, prior to the issuance of a building permit or prior to the issuance of a Use Permit for a Mobile Home Park. The fee amount shall be determined and calculated as of the date of application for building permit. ❑ 9. Prior to recordation of the Final Map or application for a building permit, the applicant shall pay the then-current established fee for the West Chico Fire Station Fund. ❑ 10. Approval of this request shall not waive the requirement to comply with all applicable Federal, State, and County laws, ordinances, and regulations in effect at the time of building permit application. f - BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE SUBDIVISION MAP APPLICANT: George R. Nicolaus DATE RECEIVED: 02/23/2005 AGENT: The Engineering Group APN: 047-440-012 PLANNER: Dan Breedon FILE#: PRED 05-11 PROJECT DESCRIPTION: Request for flexible lot size subdivision to create 68 residential parcels of approx 0.5 acre each and two service lots for storm water retention and sewage disposal on a 68.1 acre parcel Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: S. FIRE CLEARANCE ❑ 1. Construction, installation or development of structures or facilities on the parcels/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. ❑ 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. ❑ 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. ❑ 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion water tend fund, is required prior to the issuance of a building permit. Place a note on the Final Map or on additional sheets that states "Development of these lots may require payment into the Water Tender Fund." ❑ 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing feet, hydrant size inches, and residual fire flow gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. ❑ 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: "Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water system, with hydrants that meet Fire Department specifications, serves the parcels." ❑ 7. In lieu of hydrant installation,payment may be made into the I hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is ❑ 8. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current established fee for the West Chico Fire Station Fund, ❑ 9. Provide an all weather access of at least 10 foot wide and with a.vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. Revised 1/29/98 k:\forms\standcon\tsm Attachment"A" 15. Approximately 68 units on 0.50 Acre lots, sized 1,800 to 2,200 SF;price ranging from$250,000 to $350,000. 32: The existing site is all agricultural nut farming without any cultural,historical, or scenic aspects. There are no existing structures. 33. The surrounding properties are residential and vacant without any cultural,historical, or scenic aspects. FEB 2 5 2005 BUTTE COUNTY PLANNING DIVISION OROVIU_E,CALIFORNIA From:COHEHURRETT LAW OFFICES '11163618798 02/22/2005 11:19 #108 P.002/002 C o hen * Durrett Attorneys At Law I)avid 1-.C'olwn Julie V.Rei,,cr I)avid 13.1.)urrelt Julie A.Werthrnan Orciory N1.Finch OlCo�i7=rl Jonathan C.lZieie February 22,2005 RE: Dr.Paul Levy's Property, Chico,CA(Between Highway 99 and Garner Lane) A.PN No. 047-440-012 Dear Sir/Madam: This law firm serves as legal counsel to Dr. Paul Levy,the owner of the above-referenced property. George and Connie Nicolaus are currently under contract to purchase the property and have been authorized to conduct any and all research, discovery and investigations related to the development of the property. [give George,Nicolaus permission to act as the agent of Dr.Paul Levy for the purpose of submitting applications for the development of the Levy property to Butte County and other agencies for review. Such applications may include,but are not limited to, Pre-Development Review, a Tentative Subdivision Map,i:raffic studies, flood plain studies, and other permits and applications as may pertain to the property. Please do not hesitate to contact me with any questions or concerns you may have. Very truly yours, COHEN ♦DURRETT A& ,fU E V. REISER TVR: mm F E(� 2 5 2005 cc: Dr. Paul Levy George and Connie Nicolaus BUTTE COUNTY PLANNING DIVISION Richard Jacobson, Esq. OROVILLE,CALIFORNIA 8880 Cal Centex Drive, Suite 190, Sacramento, California.90-826 (916) 361-8797 www.cohei-idurrett.com (916) 361-8798 f" ce "DRAFT"LEAD IN SHEET p�c� os D� - �o -01aFILE NO: AP# 7 �/ APPLICANT: C!? —.2 OWNER: REPRESENTATIVE: PRO�2 ED UEST: (to filled out b person taking in ap cation) FINAL REQUEST: (to be filled out by project planner) /A2 Z o Z /fJ� ��.�� � �9& ail GE /�6�fL o.v SIZE: GP 0 • / g Q C/l 5 LOCA 71f,10 1 11&AW SUPERVISORIAL DISTRICT # EXISTING ZONING: IT GENERAL PLAN DESIGNATION: ASSIGNED PLANNER: PLANNER's MTiAr s Date Application Received Date Proiect Assigned 9� IDR Date 30 Day Complete Tentative Hearing Date KAPlanningTormsTead In Sheet.doc .a COMMENT DISTRIBUTION LIST County Offices and Cities: Chief Administrative Officer X Develop.Services Director X Public Works Director X Environmental Health X Assessor _ X Building Manager Sheriff _BCAG _ALUC X LAFCo _Air Quality Mgmt. _Butte Co.Farm Bureau Biggs _Gridley _Chico _Orovilie _Paradise Chico Airport Commission Information Systems Dept. _Animal Control X Agricultural Commission X County Counsel Irrigation District: _Butte Water —Biggs/W.Gridley Water _Durham Irrigation _South Feather Water&Power Agency _Paradise Irrigation _Richvale Irrigation Table Mountain Irrigation _Thermalito Irrigation District _Other Domestic Water _Butte Water District _California Water Service Co. _Del Oro Water Co. OW ID _Therrnalito I rrigation District _Other Sewer _Butte Water District _Themalito Irrigation _Sterling City Sewer Main _Skansen Subdivision(CSA 21) _L.O.A.PUD Fire Protection X California Department of Forestry _EI Medio Fire Protection District Recreation Districts _Chico Area Recreation _Durham Area Recreation Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks Utilities PG&E _Chambers Cable TV _SBC —Viacom Cable TV State Agencies CalTrans(Traffic) _Dept.of Water Resources _Dept.of Fish and Game Forestry(Attn:Craig Carter) _Dept of Parks and Rec. _Highway Patrol CA Reg.Water Quality Control Board _Caltrans,Aeronautics Program _Office of Governmental&Env.Relations Department of Conservation _Office of Mining Reclamation Dept.Sociai Services,Comm.Care Licensing Federal Agencies _US Forest Service _US Bureau of Land Management _US Fish&Wildlife Service _Army Corps of Engineers _National Marine Fisheries Service Other Districts,Agencies,Committees,etc. _Lime Saddle Dist _Community Association School Districts _Drainage _Butte Env.l Council _Reclamation _Cal Native Plant Society _Butte Co.Mining Committee _Forest Ranch Community Assoc, _Paradise Pines Com. Assoc. _Butte Creek Watershed Conservancy _Mosquito Abatement District. K:\Planning\Forms\DISTR.wpd KEEFER ROAD •-S I T E EEF'ER SLOUGH TULIYANI KITTY HAWK DRIVE DUSTY LN w RANCHOROAD z TABLE LANE AUGUSTA LANE = KATHY LANE I- % 4,(_ .......nj i f . u WILSON LANDING ROAD N 89°38'20" E 2989.22' . . . . ......... � � . . 5' B.S.L. - - � - 5' B.S.L� - - -. -- - F -1 F - 1 F ��° oI \00, I \\ 21 19 18 17 16 I I 15 14 13 12 11 10 9O ��`'1F7A�� !��.° �/l- L"'..Vii_{..�- ,.1� ,�.i �� \oo, I I I I I I I I I ( w 11 11 i t i t I I I I LOCATION MAP _0, © 0.58 AC 0.56 AC 0.56 AC 0.56 AC 0.56 AC 0.56 AC W ry 0.56 AC . . 0.56 AC . . 0.56 AC 0.56 AC 0.56 AC 0.56 AC 0.56 AC 0.56 AC (0.52 AC) (0.50 AC) (0.50 AC) (0.50 AC) (0.50 AC) (0.50 AC) (0.50 AC)- (0.50 AC) (0.50 AC) (0.50 AC) (0.50 AC) - (0.50 AC) (0.50 AC) (0.50 AC NTS N89°38'20" 1 0.55 AC 2 B. (0.5o Ac) Li L L s-�JLL _J L L -1 L -1 L �,�,�� ........... �x,5.6 2' /A , ; ,, r, ° TO aE APPROVED L._. �l 50' (TYP) STREET F _ _ _ _ _ _ STREET B ��.� �`� �_� �;....... , , 4\ N 42 OO OO W BY THE REGIONAL Rzo' (TYP R50 O ° � �� � 150.00' WATER QUALITY 1 N89 38 20 E CONTROL BOARDF�3 1 F - -- - N 246.86 I 0.55 Ac (0.51 AC) 0.67 AC 0.67 AC 0.67 AC 0.67 AC 0.67 AC 0.67 AC (0.50 AC) (0.50 AC) (0.50 AC) I (0.50 AC) I I (0.50 AC) (0.50 AC) \ 215.0 \ II I � - : : � � : : - : : \ \ OPEN SPACE 2.00 AC 0.56 AC 0.56 AC 0.56 ACF 8 3 6 41 1 I ® Li (Typ 49 (0.51 AC) (0.50 AC) (0.50 AC) I I W W W- LLJ ° Obi \ COMMUNITY LEACH _ 0.57 AC 0.57 AC 0.57 AC CI 0.57 AC 0.57 AC 0.57 AC O � \ FIELD AND (0.50 AC) I (0.50 AC) + I (0.50 AC) I I (0.50 AC) (0.50 AC) I ( (0.50 AC) \ Q) u REPLACEMENT AREA L . . - � L� . . - . . JL . . - . . J I . . - \ 20' B.S.L. Q © 7 40 45 R20• ( ) 48 I II (�) IJ �\ \ W 0.55 AC R5o 0.55 AC 0.55 AC R5o' 0.57 AC 0.57 AC 0.55 (0.50 AC) Li (0.50 AC) I (0.51 AC) (T�� (0.51 AC) (0.51 AC)� (Trn) (0.51 Iry 04 4 11 - .� 5 B.S.L. 46 47 SCALE 1 ' - 10 0 ' s � \ \ 0.57 AC � 0.57 AC 0.57 AC 0.57 AC 0.57 AC 0.57 AC (0.50 AC) (0.50 AC) (0.50 AC) (0.50 AC) (0.50 AC) I ( II (0.50 AC) L_ - . I I N89°38'20E I z ..................... __ .._..__........,......... ..._ _.._. ___._.__.__. ..W � I t,,�f \\c) PRELIMINARY \ _..... _� ............. ___....... ......----- 4 ------.......- _ - I� a a TENTATIVE SUBDI VISION MAP SHEET Il\TDEXo50Row (PUBLIC STREET SUBDIVISION) NOTES . PARCEL 2, AS SHOWN ON THAT CERTAIN PARCEL 1 . ZONING:N I N G: S R-1 6' 14' 1 14' 6' MAP RECORDED IN THE OFFICE OF THE RECORDS TENTATIVE MAP 1 ) R OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, TENTATIVE MAP 2 2. ) TOTAL AREA: 68.19 ACRES ON JANUARY 13 1978 IN BOOK 63, PAGE 78 AND 2 3. ) PROPOSED NUMBER 0 F LOTS: 6 8 % 79. LOCATED IN SECTION 31 AND 32, TOWNSHIP 23 4.) EXISTING LAND USE: AGRICULTURAL 2q NORTH, RANGE 1 EAST, M.D.B. & M. PROPOSED LAND USE: LOW DENSITY RESIDENTIAL =,,,_ 'III= = - COUNTY OF BUTTE 5. ) SERVICES PROVIDED: STREETSA , B, C, Dp -fE STATE OF CALIFORNIA POWER: PACIFIC GAS & ELECTRIC LOCAL TYPE L-III � �� � ��' =�� TOTAL AREA 68.19 ACRES TELECOMMUNICATIONS: SBC NO SCALE APIC• 047-440-012 LEGEND .- SEWAGE: INDIVIDUAL SEPTIC TANK AND BOUNDARY - - COMMUNITY LEACH FIELD FOR -------------------- ------------ ...-------... ---------------------- WATER: CAL WATER 50' Row GEORGE NICOLAUS, ET AL. ADJACENT PROPERTY LINES CABLE: COMCAST 66 MARYBILL RANCH RD BUILDING SETBACK LINE _ 6. A PORTION OF THE PROPOSED PROJECT IS 6' 12' 12' 6' CHICO, CA 95928 CENTERLINE - - ) _w �. -_ _ ...... ___ .__ _._ _ _ _.... __ __ -- DETERMINED TO BE IN ZONE AAS PER FEMA MAP BY EASEMENT LINE NUMBER 06007CO320 D, DATED APRIL 20, 2000. THE ENGINEERING GROUP FEMA BOUNDARY LINE 7. THIS PRELIMINARY TENTATIVE SUBDIVISION MAP IS 2% 27. TIMOTHY C. WOOD, R.C.E. 61779 LOT NUMBER 36 - 1250 EAST AVENUE SUITE 10 BEING DESIGNED IN ACCORDANCE WITH THE I79li= cHlco CA 95926 GROSS ACREAGE 0. 67 AC FLEXIBLE LOT SIZE PROVISIONS OF SECTION 24- 82 - - ' PH: (530) 899-0409 NET ACREAGE (0. 50 AC) OF THE BUTTE COUNTY CODE. . STREETS F, G, H, ,f ✓ FAX. (530) 899-0943 LOCAL TYPE L-V :: '`! ? !.. .' ' . ,:-. ri:`= ;_ . x,11,_ NO SCALE VARY f7 FEBRUARY , 2005 SHEET 1 OF 2 Nicolaus ['RED 05-11 KEEFER ROAD --S I T E DEFER SLOUG TUUYANI '" `\ KITTY HAM DRIVE DUSTY LN R NCHO ROAD STABLE LANE AUGUSTA LANE 71 0 , -10 0 0, KATHY LANE 0 \ I 0 < A0 0 7 0 47 - 0- 007 A P[,1 0 4_ WILSON LANDING ROAD -440- (J3-7 PROPOSED- GREENWAY ul. - - ------------- ------ - ---------- .....- ------- ---------- ............. . ............ -------. _.....--•-- - - ----------- - ------------- - ------- [1:20. B.S.L. F B.S.-L 9FF - KEEFER LL11 S89°37'15"E S s,40 Lli 238.5Q 0.56 AC 0.56 AC 0.56 AC 0.56 AC 0.5 6 Anil AC 0.56 AC 0.56 AC ry 0.56 AC 7�7.- 20,yLOCATION MAP S49'55'40"E AC) (0.50 AC) (0.50 AC) (0.50 AC) 00 (0.50 AC (0,50 AC) (0.50 AC) (0 50 AC) NTS ,,PROPOSED GREEKWAY 137.60' N72*1 7'40"E w v 104.72' R50' (TYP 0 B.S.L. ol Typ) o Q) 0 N 51 I -1 F -1 F o. 0.67 AC 0.73 Ac (Vd FEMA cD �) , COQ NG ,-j < to..Nf '0.71 A C (0.50 AC) (0.53 AC) APN 047 ' 4.0-O'�6 BOUNDARY po W-- E I(0.50 AC)* (0.50 AC) (0.50 AC) (0.50 AC) - (0.50 Ac) 00 _05*5 6 AC - STORM DRAIN Cn 10 -H TYP) 0.69 AC 0.56 AC 0.56 AC 0.56 AC 0.56 AC PROPOSED LOU (IJ F5(B'.S.*L bc) (0 50 AC) DETENTION s -I KEEFER 'o , -0 N�0'00'001lw 0.60 AC POND (D 0 0.57 AC L _ L n L 753.70'- co o PROPOSED ZREENWAY: (0.53 A -1 F -57 L (0.50 AC) iL c) L2 0 0 91 .00 20' (TYP) Q. F (TSP) 0.56 (n Q;20� Ef-S.L. AC ,: R20' @ (0.50 AC) PROPOSED" GREENWAY _(TYP) 9 60 61 N 00'0 OO0 Ld R50' 0.60 AC . . . ........ 5 0.55 Ac (TSP) (0.51 AC) (0.53 AC) Ld 0.69 AC 0.56 AC 0.56 AC 0.56 AC 0.56 AC 0.56 AC 0.68 Ac 209.00' LW (0 50 AC) (0.50 AC) (0 50 AC) (0.56 AC) 'ZONE soo*09'00'�w < (0.50 AC) (0 50 Ac) (0 50 AC) (D ZONE SCALE 1 100 A cn T67.0C 6 @ G APN `4 A 4-0-0 4 0.58 AC 7 AC 0.57 AC R50' 0.52 AC) 0.58 AC STREET J TYP) (0.50 AC) AC) (0.50 AC) ........... 4123.6 F - - - - -/- -I - - - - LLJ ZONE ZONE cr�I v 1:s 1:0 11\1 A m[11 p A I--,' t7/ A x �j T�JMN P A, R k V S 1 C N .......................... j P 1---i A I _'E 111 P A0 PRELIMINARY 21 .89 A C" -7-1 P N Cl 4 C'�8 CI Z22-D, A,lll"_� 01) -------- .... .................... . . . ............. .......... .01 TENTATIVE 04/ 04'/' 680"-0 12, APN 04 6"8 0 -- 0 [ /',,P N 047-6PO I N m 1 1 F APN 0,11-7--.680-0-11 AFN 0,' 7 ""'N -7 8 0 N Cl, 0 6 8(_')-0 0 A 04 -6 01 A .1.7/ - 0 .......... ............. ------ ► SUBDIVISION MAP (PUBLIC STREET SUBDIVISION) PARCEL 2, AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON JANUARY 13, 1978, IN BOOK 63, PAGE 78 AND 79. LOCATED IN SECTION 31 AND 32, TOWNSHIP 23 NORTH, RANGE I EAST, M.D.B. & M. 50' ROW 50' ROW COUNTY OF BUTTE 6' 14' 14' 61 6) 1 12' 12' 6 STATE OF CALIFORNIA TOTAL AREA 68.19 ACRES APN.• 047-440-012 2% 27. 2% 27. FOR GEORGE NICOLAUS, ET AL. 66 MARYBILL RANCH RD CHICO, CA 95928 STREETS A A C, D, + E STREETS F 0, H + J BY LOCAL TYPE L-111 LOCAL TYPE L-V THE ENGINEERING GROUP NO SCALE NO SCALE TIMOTHY C. WOOD, R.C.E. 61779 1250 EAST AVENUE SUITE 10 CHICO, CA 95926 PH.• (530) 899-0409 FAX.• (530) 899-0943 6) L4 FEBRUARY 17, 2005 SHEET 2 OF 2 L 0): 0" c,n d P r o %cl I E V,(l1,-Jvv q 3 8 E_Vr, 'g..