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HomeMy WebLinkAboutPRED 05-12_PLANNING a SEPARATOR SHEET APN PROJECT NUMBERI�ePCD OSZ- PROJECT SUMMARY SHEET FILE NO.: PRED 05-12 PROJECT TYPE: Predevelopment Conference APN: 047-230-102, 155, 159 APPLICANT: Steve Lotti ADDRESS: P.O. Box, Chico, CA 95927 PHONE: (530) 520-2543 OWNER: Ralph Dacy, Kenneth Dixon ADDRESS: 6556 Cohasset Road, Chico, CA 95973 REPRESENTATIVE: LandWorks ADDRESS: P.O. Box 7486, Chico, CA 95927 PROJECT DESCRIPTION: Pre-development review concerning proposed rezone from FR-40 p g a to FR-20 on 213 acres, and flexible lot size subdivision proposing 11 parcels ranging in size from 7 to 108 acres on a 275 acre parcel LOCATED: on the south side of Cohasset Road west of Nicalog Road in Chico PROPERTY ZONED: FR-40 (Foothill Recreational, 40-acre parcels) GENERAL PLAN DESIGNATION: See Comments (See Comments) TOWN/AREA: Chico 1. Application accepted: 04/12/2005 Amount: $ 1576.00 Receipt#: 426103 2. Assigned To: Dan Breedon 3. Conference Room reserved: 4. Date and Time of Conference: ll QD '~ 5. Pre-Development Letter sent to applicant and agencies: A, 6. Comments sent to: IDR, 7. " Comments received from: 8. Staff Report: Project Video: 9. Follow-up letter sent to applicant: Admkk FF DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on page 2 APPLICANT'S NAME: (If application is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: 'OL.1 04-7 - z,30 - 9o? ISS ADDRESS: STREET,CITY,STATE,&ZIP CODE FIL ER: (FOR OFFICE USE D OX 1.01' Ci �)S� �`� 1� E-MAIL: TELEPHONE: NAME OF PROPOSED PROJECT(if any) LOCATION OF PROJECT(major cross streets and address, if an r� 1 mac u ��2 6,� r vr� ✓-}� S o c�Q 0 l� Ss c'-� 1`� . �5 7"0 lUi cad o'l rLIA, GE�TERAL.INFOD T-IO .,::FRE 'TI D :' ::< � ,;, +w,� vis„ 1;� ..1A 1\. :Q, ,,:y�"",,..t,..t, _ r �W§',=.e•'J , / `�, '• ,. �.:....��.�..r.': :. •'i= R�:t� .i;".lis <._ni .,ti.�' ..; .t{5� OWNER'S NAME: TELEPHONE: Ila f2 ADDRESS: CITY,STATE,&ZIP CODE: ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE(in squa a feet or acres) a 4-v )Arp &OLI Res,AZ."'� � `/�.C�v►� � �w � 2'1�' _ A EXISTING STRUCTURES(in square feet] PROPOSED STRUCTURES(in square feet) (iC?� St n l 'rrK, l �wli✓/I �•r S o►c��ao�io,n ��, heck One) (Check 0r&) ❑ 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 .: .. ... .....::.:. •.•,n.: �':...:;, .`fCq Si'i^r. �<�C'?vkcS �;,. =ity'-;'w?': �'�I�: dt,N.,rr.4 ���q �} 'm M11 �y '01�t w..p.,,:,.. :.�.p "••_ .'"�:a5 `�''!`%h'.;�;L�1v�:iS'6Z.:. i;NJ rrf3iw::�!Pc!L..T. "i� '�',. ter iti''� 'i t r ` .�iii a '• "^ 5+ .ii y LI.0 T C�N RL iJ E - .+ �:`_il''s{'F,.�_.il'P.l �FS�:6.a1�7'f.•P:in_3e�1:of.�.J_'f�z?9!#'1',��.e?��i�e�� o.:� Ci ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP REZONE Prt—e-j9j ❑TENTATIVE PARCEL MAP ❑ USE PERMIT ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT ❑ BOUNDARY LINE MODIFICATION ❑ VARIANCE ❑ LEGAL LOT DETERMINATION ❑ MINOR VARIANCE ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT ❑MINING ANDRECLLAMATION PLAN ❑ DEVELOPMENT AGREEMENT 540THER jfRe� 211 C6L'tft P"ew r. — .w!r"•+:' .u^u •^a;c�. `�p ,•�r;',r.^. xxc;a. ,qi..:':S:{ .,fir,. �:y,.. ••p;, �,�.. „}vtu' ,q, `L! '�!!'' ':1.. a q,` `.- "f'� n,v:Y1l?c�'.,..:.,_, •:,F :• �' t• OHrr i:h.l `,`�p�:a;i„C. " �,�� �.�si.44'.,U•ffrnA;s.:^.r,'., �'.'.�;Mo,.nY;. ^�. �2 .�"r. '.t: ` ,��.r •c. ,h. .i f. ..F .. .i aNa: @•{.A•'• dY� T•: a� t; :PRO�E�'�'b°ESCIZ�PT':�O'N. .�.,, .�,-- � �e': •,.il=,! ' :i. FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for land divis.io de ,, the.number and size ( rY PP n`' 8�!��� of parcels.) 'COUNTY APR 12 2005 j)VVF)r.N •, . NT - SERVICES .r.r;.,, :,�'?fit.,.,�s�;`�;�,.;�• ,,,,ff '•a�,;,;;�:;;���.tut'Ftr ;�C" th�•,�L4E."' 'tChtiz�'u9� -�.. Y. - +L e,F a:' A �n,.�itt.. ;�h,F:;. `:i;. 'cU;y,r!�?'1,:Y,�.ra�,tr:�'e.!i '::#;� .:.a�.i�• at.�. I CERTIFY THAT 1 AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized,execute an affidavit o thoriz 10 Include e affi vit with t ' lication.) DATE: SIGNATURE: ZI I • K:\FORMS\UNIFORM APPLICATION Page 1 of 2 Aftk AGENT AUTHORIZATION TO: Butte County, Department off Development Services: Phone Number(SN tly - 1137, Print Namr P' r7. goy 7+84, Com►i" Q-S�977 Mailing Address is hereby authorized to process the application for S+e ve- LO-t-+) Ra 112 b t on my property, identified as Butte County Assessor Parcel Number: 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. wner(s) of Record: (sign and print name) a� Print Name ignature Signature Architect and/or Engineer: Phone Number(� - Print Name of Architect/Engineer Mailing Address FOR OFFICE USE ONLY Verify: Date Received: V 4 S Total Amount Received: 1576 ❑ AP Number(s) . ❑ Legal Description ❑. Owners Authorization ❑ Zoning Requirements roject Description El Copies of plot plan Taken by: Receipt No. L12-6 /0 3 od dd PW/LD 433�_ Plan E.H.-I CDF _ NOD/NOE.Fees Payment of the currently required Application Fee and/or Deposit(Any unused portion of a deposit)will be returned upon fmal.action. rV.11UTTE Current fee for this application is l5? as ofZA� L` COUNTY APR 12 2005 Make check payable to "Butte County Treasurer". KAFORW\UNIFORM APPLICATION DEVELOPMENT Page 2 of 2 SE;Z1ri--%S Wednesday,April 13,2005 Development Services PLANNING DIVISION ver. 1.0 Counter - - - ---- DDS Planning $1,008.00 Person Lana _ _ (General Fund) Payment Date 4/12/2005 Public Works $337.00 (Land Development) Receipt Number 426103 Environmental Health $136.00 Received From Lotti, Dacy, Dixon CDF(Fire Department) $95.00 Applicant Isla NOD/NOE $0.00 (Recording Fee) Aunt Minnie $0.00 lApplication Number P D 05-12 $1, 500 or$2,000 or In Reference To 1 - Planning Review/EIR $0.00 Parcel Number 1047-230-102, 155, 159 _ Fish/Game $0.00 Check Number/Cash 1537, 3520, 1005 I ALUC $0.00 (Airport Land Use) Total Received $1 ,576.00 Non Sufficient $0.00 Funds ($25.00 Fee) Total Fees $1 ,576.00 Cell Tower — $0.00 ($2500.00) —- — -- - • Public Sales/Copies $0.00 Other: $0.00 KENNETH DIXON �" • RAYE LYNN DIXON • 1005 HM PH 530-345-7540 WK 530-934-4799 7920 COUNTY RD 29DateA 11-35/12100 ` GLENN,CA 95943 Pa to the $ Zg�, Omer of - 0 J�j L6 MOW:1�� LQ Milars a.m. Bank of America 1'(fiustoiner since Chico Main '!Vk Z700S 400 Broadway St Chico 530.899.9. 2120 i For --- --- ---------- .w 1: L2 1000 3 581: 100 s"1000661"40 LO LII• 7777-777 - oaarr.eamenm ry. - - O L D S G Ra[ph W. Davy,or 3520 Victoria Davy i 6556 Cohn set R� 530-345-6334. i.! ` 3504/1211 Chinn, CAs95973 7 z� T T.H-E 011&IfW OF .�. : DOLLARS c 'TRI COUNTIES BANK j CHI CO, .CAN95926 ._ ., s. 1-800.,.922zB7}2 w: L2113SO4SI: 3520 06642189211' STEVE'LOTTI TRI-COUNTIES BANK 1537 CA 'I LOTTI CHICO,CA 95926 _'`.6000 COHASSET RD 90-3504/tet t CA 95973 4/11/05 T.•OROER OF J Butte;County Q� ww Eight Hundred Sixty Four-and no/100 DOLLARS r ..Butte County � a } `MEMO ; } .Predeveloprrient Meeting AP _M�AUTHORIZE S1 NATURE ` l!10015,3711' ii: L 2113504Si: 06645668711' + i --_-----_----------— .-_. .. COUNTY OF BUTTE 4 2 6 0 3: . . .OFFICIAL RECEIPT OFFICE OR ARTMENIIISSUING REC IPT . .,;:i`: LCd' Received from6 - a The Sum of/r, l ;,7_1z �rz 1 5"7��1 0 Fore L/:)--' /,)-. APS) 09 7,1 30 0-3 /SS, /` Received: Received By CASH rl COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND T REASURER'6 RECEIPT OROVILLE, CA ATR NO 83723 RECEIVED FROM PLANNING BAG 0 316 DATE 411412005 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE; CODE CODE CODE: CODE AMOUNT r DEPOSIT DATE: 4413 RECEIPTS: 426103-426105 PLANI APP'_ FE-ES J GENL 0010 440001. 421L19M 101001 2,016.W Y�Y_ Project Number Amount of Fee (APN=047-234-102,156,16b-LOTTIIDACYIDI XON-PREG 05-12 $1,008 AKkQ27--020-050-MAR11N BLOOM-PRED-0913 $1,008 LAND DEVELOPMENT GENL 00io 440004 4611700 101001 674.00 Project Number Amount of Fee APN-047-230-102,155,159-LOTI/DACY/DIXON-PRED 05-12 $337.00 - - APN-027-020-050-MARTIN BLOOD?-PRED-05-13 $337.00 ENVIRONMEN A!`HLTH GENL 0010 5403 4614901 101001 272.00 Project Number Amount of Fee APN-1147-230-102,156,156-LOTTIIDACY/DIXON-PRED 05-12 $in APN-027-020-0%%1,ARTIN BLOOM-PRED-05-13 " $138 FIRE PL NG APPL FEE FIRE PROTECT 0100. 4617240 101001 190-00 Project Number Amount of Fee APN-047-230-102,155,150-LOTTI/DACYIDI XON-PRED 05-12 $05 APN-027-020-175QWAR-RN BLOOM-PRED-05-13 $95 . TOTAL 39152.00 APPROVED.BY: RECEIVED BY. AUDITOR-COMMOLLER TREASURER white--treasurer pink--auditor canary=depositor golden rod---File `L` 3 Tuesday,April 12,2005 Development Services PLANNING DIVISION ver. 1.0 Counter DDS Planning $1,008.00 Person 'Lana (General Fund) r Payment Date 4/12/2005 Public Works I $337.00 (Land Development) Receipt Number 426103 j Environmental Health j $136.00 Received From Lotti, Dacy, Dixon CDF(Fire Department) $95.00 Applicant s/a NOD/NOE $0.00 (Recording Fee) -- Aunt Minnie $0.00 Application Number, �PRED 05-12 $'1,500 or$2,000 or In Reference To Planning Review/EIR i $0.00 Parcel Number ;047-230-102, 155, 159 i Fish/Game $0.00 Check Number/Cash ;1537, 3520, 1005 _._ ALUC - . .. $0.00 kTotal[Recerved� y IT,576. (Airport Land Use) Non Sufficient _ $0.00 �T0tallF,ees $1 ,576.00 Funds ($25.00 Fee), Cell Tower $0.00 ($2500.00) — • Public Sales/Copies " $0.00 Other: $0.00 j k Butte County Department of Development Services c�u T Ir Paul MclnloSh,Interim Director O O 7 County Center Drive O Oroville,CA 95965 (530)538-7601 Telephone _ . ' O (530)538.7785 Facsimile o -~ `-'ID� o OUR ADMINISTRATION * BUILDING * GIS * PLANNING July 25, 2005 Mr. Craig Sanders LandWorks P.O. Box 7486 Chico, CA 95927 RE: Predevelopment Review for Steve Lotti (Pred 05712) Dear Mr. Sanders: This letter is provided to summarize information discussed at the Predevelopment Review meeting held on May 11, 2005. This project consisted of a proposal to rezone approximately 213 acres from FR-40 to FR-20, and a Flexible Lot Size Subdivision proposing 11 residential parcels ranging in size from 7 to 108 (with 8-9 acres predominant) acres on an approximately 275-acre parcel A Flexible Lot Size subdivision (Butte County Code Section 24-82) would allow for the reduction of the size of the parcels and allow the majority of the site to remain within larger parcel sizes. The Flexible Lct Size provisions from the Butte County Code indicates that 50 percent of this property must be dedicated as permanent open space. This would equal approximately 137.5 acres of the 275 acre project site. This area would be prohibited from development and designated as deer wintering range by the Flexible Lot Size Subdivision proposal. The proposed map shows that many of the parcels would encompass the Grazing and Open Land General Plan designation, which approximately follows the steeper topography along the northern boundary of the property. Staff cannot support the division of this area into any parcel less than 40 acres. This is in accordance with the 40 acre minimum parcel sizes provided for under the Grazing and Open Land General Plan designation. Mr. Craig Sanders, Lotti Predevelopment Review (Pred 05-12) July 26, 2005, Page 2 The parcel number limitation within the Flexible Lot Size ordinance concerning community sewage disposal systems was also noted during this meeting. The ordinance indicates that only subdivisions having 25 or more parcels are allowed to utilize community sewage disposal systems. The intent of this requirement is to ensure that there are enough parcels contributing to the cost of maintenance and operation of the system to ensure adequate administrative over-site and continued viability of the system. The Environmental Health Division indicates that individual on-site sewage disposal systems (meaning each lot served with its own septic system) must meet the Appendix VII Standards contained within the Butte County Improvement Standards. A preapplication review is required to determine sewage disposal suitability of a site prior to submittal of applications. You may contact the Environmental Health Division directly concerning this requirement. The 300 foot agricultural buffer as established under Agricultural Element Program 2.2 was also discussed during the meeting. This buffer would apply to the edge of the area designated Grazing and Open Land by the General Plan. Any future subdivision map would have to show this buffer area and designate it as a residential building site exclusion area, meaning that no residences could be developed within the 300 foot buffer area. The inte;A of this buffer is to ensure that agricultural practices do not interfere with residential uses. Since the Flexible Lot Size Subdivision prohibits the use of community sewage disposal systems in subdivisions creating 24 or fewer parcels, a Planned Unit Development was discussed as a possible alternative to allow for a community sewage disposal system for this project. A Planned Unit Development is discussed under Section 24-210 of the Butte County Code. Under a Planned Unit Development the applicable rezone and tentative subdivision map is combined into one application. There would not be a requirement for a separate rezone application. The residential land use density of any planned unit development zone cannot exceed that allowed by the Butte County General Plan designation for the proposed site, which in this case would be 20-acres pursuant to the deer herd map. Section 11.01-2 of the Butte County Improvement Standards indicates that when a subdivider proposes a community sewer system, they must "provide for the establishment of a public entity empowered and adequate to maintain and operate the system." You may wish to pursue what would be necessary under this improvement standard, and what would qualify as a public entity, with the Environmental Health Division. The County is currently considering the various entities that would qualify as a public entity under this section, including whether a homeowner's association would qualify as a public entity. A Planned Unit Development also requires differing open space requirements as shown in the code section below. Mr. Craig Sanders, Lotti Predevelopment Review (Pred 05-12) July 26, 2005, Page 3 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. I have additionally.attached comments/conditions that were received from the Regional Water Quality Control Board, Butte County Fire Department, and Butte County Department of Public Works. Should you have any questions concerning these comments I recommend contacting these agencies directly. Environmental Considerations The Planning Division would also like to disclose to you that submittal of this pre- development review, or any future subdivision/rezone,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, the Army Corps of Engineers, and Butte County has 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 grading completed in conjunction with site development. This concludes the Planning Division's summary of information regarding this pre- development review. Should-have any further questions regarding this proposal, or any of these comments, please do not hesitate to contact me at 538-7629. V eedon Principal Planner i cc: Mr. Steve Lotti IDR Committee Members, via email Regional Water Quality Control Board I I ' i i California Regional Water Quality Control Board Central Valley Region . Alan C.Lloyd,PhD Arnold Schwarzenegger Secretaryfor Redding Office Governor Environmental 415 Knollcrest Drive,Suite 100,Redding,California 96002 Protection Phone(530)224-4845•FAX(530)224-4857 http://www.swrcb.ca.gov/rwqcb5 29 April 2005 COIINTy BQTt'E • Dan Breedon MAY =.2 2005 Principal Planner Butte County Planning Division DEVELOPMNT 7 County Center Drive SERVICES Oroville, CA 95965 COMMENTS ON STEVE LOTTI,ET AL., PREDEVELOPMENT CONFERENCE NO. 05-12,APN 047-230-102, 047-230-155, 047-230-159, BUTTE COUNTY We have reviewed a predevelopment package for Steve Lotti, et al. The applicant proposes a zoning change and an 11-parcel flexible lot size subdivision for three properties totaling 275 acres, located about eight miles north of Chico along Cohasset Road(approximately half-way between the community of Cohasset and central Chico). Residences exist on two of the proposed parcels, and nine additional residences will be built. .Each parcel will be served by an individual water supply well and an onsite septic system..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 Ms. 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 i 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 co, Recycled Paper °� f., - � �l .... ., t _._..__.. __ � _ __ ,- il� �t'1i �!:(�.��. _ -. `..'fit .. �! `;I:1+ 111 M.c, �:�:��6;2'CSi�I��A.�. 'J ' ;.�`�:.ia�3 ..�jE�d� moi:�'.. f .\'.�1';t� f �^lUl,. ?',�I;1C�;;T^�:i i;.%�i.�., „�. .T nV 1 � � - .. �� ... � �..' r.0 it f^r\T , .t�t� �• • w • Dan Breedon - 2 - 29 April 2005 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—We assume that Butte County will be regulating the onsite septic systems. If this will not be the case, the applicant should contact this office as soon as possible. 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: Steve Lotti, Chico Laura Whitney,U.S. Army Corps of Engineers, Sacramento Doug Fogel, Butte County Environmental Health Division, Oroville CDFBUTTE COUNTY FIRE STANDARD CONDITIONS FOR Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: FIRE CLEARANCE 1. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290 or the 2002 Butte County Improvement Standards, whichever is stricter. 2. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the Fire Chief. Average required hydrant spacing is 960 feet, hydrant size & inches, and residual fire flow /,MO GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed." Prior to Parcel or Final map recordation, submit plans to the Fire Department for review and approval. 3. Place a note on a separate document and recorded concurrently with the Parcel or Final map stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system, with hydrants that meet Fire Department specifications, serves the parcels." Additionally, a note stating "Automatic Fire Sprinklers Required" is to be added to all effected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment may be made into the . hydrant fund, at a cost of $1.72 per lineal foot of street frontage (if a pressurized community fire hydrant is within 1,000 feet of a dwelling.) The estimated fee amount is 5.- Prior to construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and' egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, `Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. C BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE FINAL MAP APPLICANT: Steve Lotti DATE RECEIVED: 04/12/2005 AGENT: LandWorks APN: 047-230-102, 155, 159 PLANNER: Dan Breedon FILE#: PRIED 05-12 PROJECT DESCRIPTION: Pre-development review concerning a proposed rezone from FR-40 to FR-20 on 213 acres, and flexible lot size subdivision proposing 11 parcels ranging in size from 7 to 108 acres on a 275 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." ® 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. ® 4. Prior to or concurrently with the recordation of the Final Map,relinquish abutter's rights of access to Butte County, along the Cohasset Road frontage of parcels 7, 9, 10&11, except at approved access points. ® 5. 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. ® 6. 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." ® 7. 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 terms of the encroachment permit. ® 8. Prior to the recordation of the Final Map,obtain an encroachment permit and construct a standard S- 18A road approach in accordance with County Improvement Standards. Adequate sight distance at the intersection of each access road and Cohasset Road shall be provided. ® 9. Provine a cul-de-sac designed and constructed as specified in the County Improvement Standards. The Final Map shall show the cul-de-sac. ® 10. Prior to the recordation of the Final map, construct, or provide a performance bond and labor and material bond for the construction of, a frill street section on Nicalog Road and any new access roads to an RS-3B geometric standard. Minimum structural section to be 2" AC, and 8" 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 ® 11. Show on the additional map sheet of the Final Map a 50 ft. building setback from the centerline of access road and a 65 ft. building setback from the centerline of Cohasset Road based on Butte County Code Section 24-75(d). B. DRAINAGE ® 1. Prior to 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 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 facility. ® 2. 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 gra&n,)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. PROJECT COORDINATION FORM Date of IDR: May 11, 2005 PLANNER:Dan Breedon PROJECT NAME: Steve Lotti PROJECT NUMBER:PRED 05-12 TYPE: Pre-Development Review DEPARTMENT COMMENTS READY FOR HEARING? PLANNING �Up -�f -�f 0 �a �^ Z�7i' cor 5'U�� CSS IN epi Zc_ i �C �NO caje u&)(- _ U=uJ 007 rfu-cr-welo PUBLIC WORKS ENVIRONMENTAL HEALTH ( po opSC�7 fG� wZ FI�'mlr IN � s to ab Nem � � bttC"U!�_6 wrr+ 10&11r2s��2��' . l gP� L l COUNTY COUNSEL C -rr(r4(� UP 400, � POr 6OPPo3a-77' Y ( cp p�� Loz� � rr tOC)4 IM��5z� D BUILDING ASSESSORn \ FIRE EDD 5MGtN 6-7 6e—V4,6F K:\IDR Agendas\PROJECT COORDINATION FORM.doc 24-82 Flexible lot size provisions. Page 1 of 5 Remove highlighting. 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) http://municipalcodes.lexisnexis.com/cgi-bin/hilite.pl/codes/butteco/ DATA/CHAPTER24... 5/11/2005 24-82 Flexible lot size provisions. Page 3 of 5 conditions, and other factors. 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: Qewage disposal shall be by an individual system located on the parcel it serves and approved y 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. http://municipalcodes.lexisnexis.com/cgi-bin/hilite.pl/codes/butteco/ DATA/CHAPTER24... 5/11/2005 24-82 Flexible lot size provisions. • Page 2 of 5 below. (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/ and area and lot dimension requirements. Building setback and lot O 9 Y q 9 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 http://municipalcodes.lexisnexis.com/cgi-bin/hilite.pl/codes/butteco/_DATA/CHAPTEP,24... 5/11/2005 24-82 Flexible lot size provisions. • Page 4 of 5 5. Areas with a slope of thirty (30) percent or greater. 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 S 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. http://municipalcodes.lexisnexis.com/cgi-bin/hilite.pl/codes/butteco/_DATA/CHAPTEP,24... 5/11/2005 24-82 Flexible lot size provisions. 0 Page 5 of 5 g. Pedestrian, bicycle, and equestrian trails. Public access is not required, but may be permitted 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/cgi-bin/hilite.pl/codes/butteco/_DATA/CHAPTER24... 5/11/2005 Breedon, Dan From: Breedon, Dan Sent: Tuesday, March 15, 2005 11:23 AM To: 'Landworkschico@aol.com' Cc: Christopher, Yvonne Subject: Response to Your Letter of February 23, 2005 Craig, Yvonne Christopher asked that I respond to your above-referenced letter concerning a potential Flexible Lot Size Subdivision on Cohasset Road, near Sycamore Valley Road (APNs: 047-230-155, 157, -102). According to your letter, the applicant wishes to apply for a rezone from FR-40 to FR-20 and then apply for Flexible Lot Size Subdivision to take advantage of the resulting increase in density, while avoiding and development of the steep area designated by the General Plan as Grazing and Open Land. The concept seems feasible in light of the County Code. The proposed FR-20 zone is considered to be consistent with the Agricultural Residential General Plan designation, and no General Plan Amendment would be required. As far as the Grazing and Open Land designation, this designation is clearly applicable to the steep slopes that in some cases exceed 30 percent at this location. With regard to a Flexible Lot Size Subdivision, staff would support that the density transferred from this designation would be at a 40 acre parcel size. In other words, in order to find the total number of parcels allowed you would calculate the amount of land designated as Grazing and Open Land and divide that by 40, and add that amount to: the number of acres of land proposed for rezone to FR-20 divided by 20. The following statement concerning density is taken from the Flexible Lot Size Ordinance (BCC Section 24-82) • 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. The Flexible Lot Size Subdivision proposal seems to be a good candidate for this site in that the development can work to avoid disturbance to the Grazing and Open Land area but still transfer the 40 acre density. You should be aware that the Flexible Lot Size ordinance requires differing open space requirements and these should be reviewed for your project. As you probably are aware, the Grazing and Open Land designation does not permit zones that allow parcel sizes of less than 40-acres. Staff would not support a rezone or general plan amendment in this area that would serve to increase residential density because much of this area includes slopes exceeding 30 percent. The site designation criteria of the Agricultural Residential General Plan designation requires slopes to be less than 30 percent. Although this Grazing and Open Land property may not be suited to grazing, it does function as open land and could be put to such uses as recreation, environmental preservation, or other public uses, which are supported and permitted by the Grazing and Open Land designation. Another factor that you may with to address for any potential project concerns the extensive blue oak woodland habitat that is present on this site. The recent passage of the Oak Woodlands Preservation Act requires Counties to mitigate loss of oak woodland habitat. The best mitigation is avoidance and there may be some potential to work around existing,trees, or to set aside habitat in the open space provided within the subdivision. 1 � Although my remarks here are meant to address the issues discussed in your letter, they are not meant to cover, all the factors associated with a future project. The Flexible Lot Size Ordinance requires a mandatory preapplication review concerning any potential project utilizing a Flexible Lot Size Subdivision Design. This review will help to conform the project application to county requirements. Lana Adler or Chris Tolley of our office can assist you in the application process for a preapplication review for a Flexible Lot Size Subdivision. I hope the information presented here is helpful. Should you have any questions please call or e. Dan Breedon, AICP, Principal Planner Butte County Department of-Development Services 7 County Center Drive, Oroville, CA 95965 530-538-7629, FAX: 530-538-7785 Dan Breedon, AICP, Principal Planner Butte County Department of Development Services 7 County Center Drive, Oroville,.CA 95965 530-538-7629, FAX: 530-538-7785 2 ' • • LANDWORKS Y` Creative Solutions For Your Planning Needs. " f 70 Declaration Dr Chico. CA 95973 • landworkschico.aol.com Office (530) 898- 1132 • Cell (530) 321 -3748 • Fax (530) 891 -3690 February 23, 2005 Yvonne Christopher `7 County Center Dr. Oroville, CA 95965 Re: General Plan Amendment Determination Dear Ms. Christopher. I have been retained by a number of property owners interested in rezoning their properties from FR-40 to FR-20. The properties are outlined on the attached map with a heavy black line. The map also provides zoning designations and information from the Land Use Element diagram. The total acreage in the area being considered for rezoning is approximately 275 acres. As you,can see on the General Plan Land Use diagram, a finger of Grazing an Open Land designation runs diagonally through the properties. Why this little "spit" of GOL is there is not apparent and it makes little sense. The underlying land doesn't represent a viable grazing area nor would it be required to remain as open space for any public purpose. The only plausible reason for the designation is that land does have some steep slopes. My client's interests are not in creating 20 acre parcels. They wish to utilize the County's flexible lot size provisions to end up with 10 or 11 parcels from the existing three parcels. All of the lots would be on top of the,ridge and development wouldn't occur in the area shown as GOL, which my clients would agree to leave undeveloped with respect to any structures. My inquiry relates to whether a General Plan Amendment would be required in order to process the rezone and flexible lot subdivision map. As you may be aware, the General Plan has several policies and text descriptions which carry as much authority as the diagrams. The land use element specifically provides for flexibility when determining the applicable land use category applicable to a certain area particularly when two different designations fall on a single parcel. Listed below are excerpts from the Butte County General.Plan Land Use Element'th_ at reinforce flexibility in the application of land use diagram: "General.Plan.Element contains maps, diagrams, and written policies. Written policies carry as,much authority as do those depicted graphically:" BUTTE COUNTY FEB 2 5 2005 DEVELOPMENT SERVICES "Like the other elements of the "general" plan, the land use element need not be specific or precise as to the locations and boundaries of proposed uses (emphasis added). However, the land use map is precise to the general use of land within a given land use pattern. The discussion, policies and maps in this document deal with the broad outlines of the future development pattern. A major reason for the "generalized" character is the difficult and speculative nature of predicting the future and providing for needs that we can only estimate." "It is important to keep in mind the differences between the land use element and the current zoning of property. Zoning has immediate legal effect, precise boundaries and detailed regulations. California law requires zoning ordinances to be consistent with the objectives, policies and proposals contained in the local general plan. The translation of a land use element to current zoning thus requires the continual interpretation (emphasis added) and application to specific situations by the Planning Commission and Board of Supervisors. "Using the criteria to choose the appropriate category requires a comprehensive evaluation of natural characteristics, public facilities, existing development and growth trends of every site and the surrounding area. The criteria for each category are not intended to be conclusive and mutually exclusive, but rather as basic guidelines. Consequently, some sites may appear to be suited for more than one or perhaps none of the categories. Such areas should be assigned to the category whose uses and standards seem most compatible to the site characteristics." "The text defines guidelines for development and establishes the framework for making judgments and decisions on land use and planning concerns. When this general plan is reviewed as to consistency with any project, reliance for any finding of consistency or inconsistency shall not be solely based on the land use map." "Proposed uses that would be inconsistent with the land use plan map designations, but are surrounded by the contiguous to similar existing uses shall be considered consistent with the land use plan map." "The decision-making agency shall decide which land use category is the more appropriate where development sites are split by or adjacent to indefinite category boundaries not following known physical feature or property lines." In addition to the Butte County General Plan,the General Plan Guidelines issued by the State California makes a distinction between a map and a diagram. The Attorney General has observed that "...when the Legislature has used the term `map,' it has required preciseness, exact location, and detailed boundaries...." as in the case of the Subdivision Map Act. No such precision is required of a general plan diagram(67 Cal.Ops.Atty.Gen. 75,77). These points clearly supports the fact that consistency shall not be solely based on the diagram, a diagram does not infer precise boundaries, and that substantial latitude exists in determining the applicable land use category when a parcel is split by a designation that doesn't follow parcel boundaries or is surrounded by existing uses that are not consistent with the diagram designation. • • Based on the above discussion, I am seeking a determination as to the need for a General Plan amendment if my clients wished to pursue a rezone from FR-40 to FR-20. If you determine that a General Plan amendment is required, what position would you take on a request to rezone just the land within the Agricultural Residential land use designation to FR-20? Would the resulting split zoning of the property preclude the use of the flexible lot size provisions? Thank you for your time and consideration in this matter. Please don't hesitate to call if you need any additional information. Sincerely, Craig Sanders AICP Att: Land Use Map C A-160 ,. Chasse FR-40 x°g r •� � F F 1 R 40 Lotti etal Zoning.shp MDR-Medium Density Residential Up to 13 Dwelling Unlls/Acre ® ._ General_plan.shp Q HDR-High density Residential Up to Zd Dwelling UnbfAcre TM-Timber Mountain 40 to 160 Acres/Dwelling Unit I� SE-Sports a Entertainment O GOL-Gmzing 8 Open Land 40 to 160 Acres/Dwelling Unit II C-Commercial OFC-Orchard&Field Crops 6 to 40 AcreslOwelling Unit ©^7 1-Industrial N FAR-FooftlArea Resklerafal tto40AcreNDwelling Unft •----+ P-Public © AR-Agricultural Residential 1 to 40 AcrealDwelIing UnR Water r TR.Low Density Residential Up m 6 DweHl g UnWAcre• - W E S 0.5 0 0.5 Miles h S. S VW A=' t;a_y.-•w•L .ar rs__'_+.'_ .Y ---4O..7 3' X': {� i4'.. ja r 7 r s •4 �uf:a...e,n a�nv_�,.�+».y'ivwtaar+�•. . �, � R"�• 'i-. - . � .e: � -�». .. ••, R �..r,r' ? � t - �',.nirwmraruE,s,�-nlx::r•. j - a '- _ ti .. xxw•-..i _r-•r. .., w. �. .,y. - e. r• •�6r will NP Mom Mum= MEN rw Breedon, Dan From: Breedon, Dan Sent: Tuesday, March 15, 2005 11:23 AM To: 'Landworkschico@aol.com' Cc: Christopher, Yvonne Subject: Response to Your Letter of February 23, 2005 Craig, Yvonne Christopher asked that I respond to your above-referenced letter concerning a potential Flexible Lot Size Subdivision on Cohasset Road, near Sycamore Valley Road (APNs: 047-230-155, 157, -102). According to your letter, the applicant wishes to apply for a rezone from FR-40 to FR-20 and then apply for Flexible Lot Size Subdivision to take advantage of the resulting increase in density, while avoiding and development of the steep area designated by the General Plan as Grazing and Open Land. The concept seems feasible in light of the County Code. The proposed FR-20 zone is considered to be consistent with the Agricultural Residential General Plan designation, and no General Plan Amendment would be required. As far as the Grazing and Open Land designation, this designation is clearly applicable to the steep slopes that in some cases exceed 30 percent at this location. With regard to a Flexible Lot Size Subdivision, staff would support that the density transferred from this designation would be at a 40 acre parcel size. In other words, in order to find the total number of parcels allowed you would calculate the amount of land designated as Grazing and Open Land and divide that by 40, and add that amount to: the number of acres of land proposed for rezone to FR-20 divided by 20. The following statement concerning density is taken from the Flexible Lot Size Ordinance (BCC Section 24-82) • 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. The Flexible Lot Size Subdivision proposal seems to be a good candidate for this site in that the development can work to avoid disturbance to the Grazing and Open Land area but still transfer the 40 acre density. You should be aware that the Flexible Lot Size ordinance requires differing open space requirements and these should be reviewed for your project. As you probably are aware, the Grazing and Open Land designation does not permit zones that allow parcel sizes of less than 40-acres. Staff would not support a rezone or general plan amendment in this area that would serve to increase residential density because much of this area includes slopes exceeding 30 percent. The site designation criteria of the Agricultural Residential General Plan designation requires slopes to be less than 30 percent. Although this Grazing and Open Land property may not be suited to grazing, it does function as open land and could be put to such uses as recreation, environmental preservation, or other public uses, which are supported and permitted by the Grazing and Open Land designation. Another factor that you may with to address for any potential project concerns the extensive blue oak woodland habitat that is present on this site. The recent passage of the Oak Woodlands Preservation Act requires Counties to mitigate loss of oak woodland habitat. The best mitigation is avoidance and there may be some potential to work around existing trees, or to set aside habitat in the open space provided within the subdivision. 1 Although my remarks here are meant to address the issues discussed in your letter, they are not meant to cover all the factors associated with a future project. The Flexible Lot Size Ordinance requires a mandatory preapplication review concerning any potential project utilizing a Flexible Lot Size Subdivision Design. This review will help to conform the project application to county requirements. Lana Adler or Chris Tolley of our office can assist you in the application process for a preapplication review for a Flexible Lot Size Subdivision. I hope the information presented here is helpful. Should you have any questions please call or e. Dan Breedon, AICP, Principal Planner Butte County Department of Development Services 7 County Center Drive, Oroville, CA 95965 530-538-7629,.FAX: 530-538-7785 Dan Breedon, AICP, Principal Planner Butte County Department of Development Services 7 County Center Drive, Oroville, CA 95965 530-538-7629, FAX: 530-538-7785 Tracking: Recipient Read 'Landworksch ico@aol.com' Christopher,Yvonne Read:3/15/2005 4:45 PM 2 I f I � I 1 I I I l� Adobe Lilly FRD AREA, �- D I ii II i°iiiiiiiiiiii��� ILNOOL MENEE■, ,�.•�•� ' ;fir"== ME r � ,■ IA ■ ■ ■ • i FR-4 FR-4 FR-40 i s • OF GOL AR AR GOL AR AR, AR j AR AR � � � ,. � �.J• *�. � �i`� a... .. ...,.fir... '✓/y,.-� �✓"-" r� tty� / 1 :� ~� r✓ �r:r /,, ;C _,t _,...^ �'r/Mme.,- •-,., � ✓ f 07 co t ,,} ".�}��.v''� -~� •.� } '-tel �; O. .i^ s �_ t r t �! t �.\ '' '+ O �R � l /�•` l.r �r .r o �,i`k ft 6Or t" 00 -55 ✓ qol •• s. t � ���° r rtf ��' � � �U6'; � �,,,, = 4 i'•r "'r � � g '! r r ", � � r�JIi �S i i°� O '� � � r s '' ✓ ✓: ^''" �." 't tr... �� � .fir . _ � y /J ^"', r� 1 f .."r�,r„' ,.✓�fu� ! /rP"l i �`� , i i/ ✓."r�-f' �r-'�d J. � .4 .. \, ,i r� F� i l UUi r s �/J •_� e 1. r //✓.'`i a � J -. f.••✓ _ S,. � . �r f.,. '\ n C-- / �,fj !' Y!,/��f� / ;I�,�J r, Aar aA�1 �7 rdr f / .,•. r r /•✓r„�.� .,fir-✓/ - r ,r✓ rk ' \ � �,���{1 �",�''J �f' r ��, . �j ri�j�"`� '. n t �� � �1� 7 IBJ� � �• f�� ..!r/,.' � � �,�j �r I .`y �a e � �Y}J�. r t��/✓ S � '� p�7 1!' rr'✓' \ i i 1���% � d %/J ."V 1 t 'r ✓-�.- r- �J t �'-. p ��"r r rA �, � r�" ir' � }�i 1 r 7 ("!/.v�„ � t �r� / ! � �� r �.�\j}� � r ��.,•' , ..�✓, L + t.. ry� r 1 %,'.� i (('� +fir r !! 1,":,= r t r l;-�.,'75� � ."�%r i ����/t /fr: � �. CP d i r r .J1fAl�„/e ,rrt � ! ! 7(`1 tr/r`✓,i' � ` r rt i "_�,r �ii 1} t�j''_'' I I{I 1 r t tl.�;f� i/'/rte �'" �` l�,e� i✓ r yF�r r �r,�1��Its t����/�r! ! /•. ��/r,r�,i �� � �l� �A -r i{�� r f r ( r A,...U..'--F ! r ft> � �,.: y , 9 � t �,:� ✓ t.P92/!f./,,J� / / t't y i �� (j (} y t !'..'�� t �/ ^_ � rt 1 i S rl,�' � o /�� t'�r��C� ✓ �t r/ f%r �iJ ,/'.'ry �i f,� r t r i} �1� Ih''� �:�' t"�'c� fila ��/ c� ''�- J ✓.� , � � �j/�l'�,' ;� ` �'' !l r �. "'"` . .r:,t/!1��,,-r'��:•i����r/i 'rr` �� :,.....� r'// � �4 1 fi � S �.: _ � } �I r`."/ ,. ✓ f r /'i� ✓/rF ..OM1'l- � r � J t _ `--� ...Fy !;� ✓'' .-� rr���{�i /� 'e' ,,, '•.t� 7! / r'f/� tl �` � ;.,y ..ti �� t r/ r"' ! !f`'::---_ WINTER H'=-RD A I�441 It U.,ff" • � Page 1 of 1 Breedon, Dan From: Breedon, Dan Sent: Tuesday, March 15, 2005 2:10 PM To: Christopher, Yvonne Subject: FW: Response to Your Letter of February 23, 2005 Yvonne, Mr. Sander's response to my comments to him for your information. From: Landworkschico@aol.com [mailto:Landworkschico@aol.com] Sent: Tuesday, March 15, 2005 1:56 PM To: Breedon, Dan Subject: Re: Response to Your Letter of February 23, 2005 Dan, thanks for the reply! I think this site is a good candidate for the flex lot proposal too, but I'm not so sure about leaving a peninsula of FR-40 zoning where the GOL designation is. Do you think the Commission would be OK with that? It will be a zoning line that doesn't follow any boundary. Actually the best area for leach fields is in the GOL area, which has a couple of benches that have deep soils. Sounds like a pre-development conference might be the way to proceed. Talk with you later. Craig Craig Sanders AICP L.andWorks 70 Declaration Dr.Suite 101 Chico CA 95973 (530)898-1132 Fax: (530)891-3690 e-mail: landworkschico@aol.com 5/11/2005 Breedon, Dan From: Breedon, Dan Sent: Tuesday, March 15, 2005 11:23 AM To: 'Landworkschico@aol.com' Cc: Christopher, Yvonne Subject: Response to Your Letter of February 23, 2005 Craig, Yvonne Christopher asked that I respond to your above-referenced letter concerning a potential Flexible Lot Size Subdivision on Cohasset Road, near Sycamore Valley Road (APNs: 047-230-155, 157, -102). According to your letter, the applicant wishes to apply for a rezone from FR-40 to FR-20 and then apply for Flexible Lot Size Subdivision to take advantage of the resulting increase in density, while avoiding and development of the steep area designated by the General Plan as Grazing and Open Land. The concept seems feasible in light of the County Code. The proposed FR-20 zone is considered to be consistent with the Agricultural Residential General Plan designation, and no General Plan Amendment would be required. As far as the Grazing and Open Land designation, this designation is clearly applicable to the steep slopes that in some cases exceed 30 percent at this location. With regard to a Flexible Lot Size Subdivision, staff would support that the density transferred from this designation would be at a 40 acre parcel size. In other words, in order to find the total number of parcels allowed you would calculate the amount of land designated as Grazing and Open Land and divide that by 40, and add that amount to: the number of acres of land proposed for rezone to FR-20 divided by 20. The following statement concerning density is taken from the Flexible Lot Size Ordinance (BCC Section 24-82) • 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. The Flexible Lot Size Subdivision proposal seems to be a good candidate for this site in that the development P P g p can work to avoid disturbance to the Grazing and Open Land area but still transfer the 40 acre density. You should be aware that the Flexible Lot Size ordinance requires differing open space requirements and these should be reviewed for your project. As you probably are aware, the Grazing and Open Land designation does not permit zones that allow parcel sizes of less than 40-acres. Staff would not support a rezone or general plan amendment in this area that would serve to increase residential density because much of this area includes slopes exceeding 30 percent. The site designation criteria of the Agricultural Residential General Plan designation requires slopes to be less than 30 percent. Although this Grazing and Open Land property may not be suited to grazing, it does function as open land and could be put to such uses as recreation, environmental preservation, or other public uses, which are supported and permitted by the Grazing and Open Land designation. Another factor that you may with to address for any potential project concerns the extensive blue oak woodland habitat that is present on this site. The recent passage of the Oak Woodlands Preservation Act requires Counties to mitigate loss of oak woodland habitat. The best mitigation is avoidance and there may be some potential to work around existing trees, or to set aside habitat in the open space provided within the subdivision. i Although my remarks here are meant to address the issues discussed in your letter, they are not meant to cover all the factors associated with a future project. The Flexible Lot Size Ordinance requires a mandatory preapplication review concerning any potential project utilizing a Flexible Lot Size Subdivision Design. This review will help to conform the project application to county requirements. Lana Adler or Chris Tolley of our office can assist you in the application process for a preapplication review for a Flexible Lot Size Subdivision. I hope the information presented here is helpful. Should you have any questions please call or e. Dan Breedon, AICP, Principal Planner Butte County Department of Development Services 7 County Center Drive, Oroville, CA 95965 530-538-7629, FAX: 530-538-7785 Dan Breedon, AICP, Principal Planner Butte County Department of Development Services 7 County Center Drive, Oroville, CA 95965 530-538-7629, FAX: 530-538-7785 Tracking: Recipient Read 'Landworkschico@aol.com' Christopher;Yvonne Read:3/15/2005 4:45 PM 2 f LAND USE ELEMENT ❑ GRAZING AND OPEN LAND Primary Uses: Livestock grazing, animal husbandry, intense animal uses and animal matter processing. Secondary Uses: ' Resource extraction and processing, forestry, plant crops, agricultural support services, outdoor recreation facilities, airports, dwellings, utilities, environmental preservation activities, public and quasi-public uses and home occupations. Site Designation Criteria: 1. Natural conditions poorly suited for plant crops or timber. 2. Predominate parcel sizes of 40 acres or more. 3. Used for grazing and secondary uses. 4. Adjacent uses conducive to livestock grazing. Intensity of Use: Minimum parcel size of 40 acres. Where a PA-C is used the minimum gross density could vary from 20 to 40 acres per dwelling unit provided at least 80% of the total acreage of a project is set aside for open space uses. One single-family dwelling per parcel with additional housing for on-site employees. Consistent Zones: TM-40 thru TM-160, A-40 thru A-160, FR-40 thru FR-160, R-C, C-F, TP-160, PA-C. Zoning Factors: 1. Existing parcel sizes and dwelling densities. 2. Livestock carrying capacities. 3. Slope. j 4. Proximity to urban development. 5. Effects on adjacent uses. 6. Local desires. ❑BUTTE COUNTY GENERAL PLAN ADOPTED BY RESOLUTION 79-222❑October 30.,1979❑ LUE - 49 I ❑ LAND USE ELEMENT ❑ TIMBER-MOUNTAIN Primary Uses: Forest management and the harvesting and: processing of forest.products. Secondary Uses: Animal husbandry, resource extraction and processing environmental preservation activities, outdoor recreation facilities, dwellings, utilities, public and quasi-public uses, home occupations, and airports:. - Site Designation,Criteria: 1. Climates,slope and soils generally suitable for conifer forests and commercial timber production. V, 2. Predominate parcel sizes of 40-acres or more. 3. Ownership by U.S. Government or timber companies. 4. Adjacent uses conducive to timber'production. Intensity of Use: 'Minimum'parcel size of 40 acres. Where a PA-C is used the minimum gross density could vary from 20 .to 40 acres per dwelling unit provided at least 80% of the total acreage of a project is set aside for open space uses. One single-family-dwelling per parcel with ` additional. housing for on-site.employees. w Consistent Zones: TM-40 thru TM-1.60; A-40 thru A-160; FR-40 thru FR-160, R-C, C-F,TP7160, •t`� I' and PA-C. j Zoning Factors: 1. Existing parcel sizes and dwelling densities. ' 2. Slope. 3. Elevation. 4. Road access. 5. Effects on adjacent uses. 6. Local desires. i r i ❑BUTTE COUNTY GENERAL PLAN❑ADOPTED BY RESOLUTION 79-222❑October 30, 1979❑ LUE= 50 • • BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE FINAL MAP APPLICANT: Steve Lotti DATE RECEIVED: 04/12/2005 AGENT: LandWorks APN: 047-230-102, 155, 159 PLANNER: Dan Breedon FILE#: PRED 05-12 PROJECT DESCRIPTION: Pre-development review concerning a proposed rezone from FR-40 to FR-20 on 213 acres, and flexible lot size subdivision proposing 11 parcels ranging in size from 7 to 108 acres on a 275 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." ® 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: "roved 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. ® 4. Prior to or concurrently with the recordation of the Final Map, relinquish abutter's rights of access to Butte County, along the Cohasset Road frontage of parcels 7, 9, 10 & 11, except at approved access points. ® 5. 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. ® 6. 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." ® 7. 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 terms of the encroachment permit. • • ® 8. Prior to the recordation of the Final Map,obtain an encroachment permit and construct a standard S- 18A road approach in accordance with County Improvement Standards. Adequate sight distance at the intersection of each access road and Cohasset Road shall be provided. ® 9. Provide a cul-de-sac designed and constructed as specified,in the County Improvement Standards. The Final Map shall show the cul-de-sac. ® 10. 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 Nicalog Road and any new access roads to an RS-313 geometric standard. Minimum structural section to be 2" AC, and 8" 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 ® 11. Show on the additional map sheet of the Final Map a 50 ft. building setback from the centerline of access road and a 65 ft. building setback from the centerline of Cohasset Road based on Butte County Code Section 24-75(d). B. DRAINAGE ® 1. Prior to 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 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 facility. ® 2. 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. Butte County Department•fDeveloPment Services �T r PLANNING DIVISION offFo o 0 7 County Center Drive o 0 Oroville,CA 95965 ,- o ;= o (530)538-7601 Telephone oC o (530)538-7785 Facsimile AUK April 21,2005 TO: Local Agencies and Departments FROM: Dan Breedon, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Steve Lotti,Predevelopment Conference- PRED 05-12 APN: 047-230-102, 155, 159 DATE OF IDR*: 05/11/2005 *Inter Departmental Review Committee IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: May 9, 2005 AGENCY/DEPARTMENT CONDITIONS/NIITIGATION MEASURES DUE BY: May 20,2005 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 05/11/2005, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Pre-development review concerning a proposed rezone from FR- 40 to FR-20 on 213 acres, and flexible lot size subdivision proposing 11 parcels ranging in size from 7 to 108 acres on a 275 acre parcel PROJECT LOCATION: on the south side of Cohasset Road west of Nicalog Road in Chico COUNTY SUPERVISOR DISTRICT NO.: 3 ZONING: FR-40 (Foothill Recreational, 40-acre parcels) GENERAL PLAN: See Comments(See Comments) 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 cdurling@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. 7- No lease send response to Dan Breedon by May 9, 2005 Yes Conditions/mitigation measures due by May 20, 2005 K:kPlanning\Projeds\CommentRequestFormdot 1 Butte County Department of Development Services Planning Memorandum April'21, 2005 To: Inter-Departmental Review Committee Subject: Notice of Pre-Development Conference for PRED 05-12, Lotti Planner: Dan Breedon APN: 047-230-102, 155, 159 Location on the south side of Cohasset Road west of Nicalog Road in Chico. Date of IDR: 05/11/2005 Attached please find the Pre-Development•Conference notice for PRED 05-12. A hard copy of the application,-including maps, was sent to Environmental Health, LAFCo, County Counsel, the Assessor's Office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager at the time of application. The purpose of this notice is to give you the opportunity to comment on the applicant's proposal electronically to the planner, if you so desire, so that preparations can be made for the IDR meeting on 05/11/2005. Comments: (Pl s nd yo r res nse to dbreedon@buttecounty.net.) Signature: Date: S- -as Documend i a • j R-4 A-160 FR-40 A-5 GOL AR % FR-40 FR-40 F _ FR-40 i 1 NmININ I OV 0 �j IiN1 l -3�DN'Clf 2]�IiNIM vola An INlN Z�Od 0Z 'VAJV MJAH �JAiNIM i I 1 .......... -------------------------------- .. ............. .......... ............... ................................ ...................... ............... -------------------..................................... ... ... ...... -------------------------- ................ .............. ........... .......... .. ...... .. .... ...... ........... ---------- .. ............. .. 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I`•//i� L`� rFJ �.,- \ __.,.� ,l: �; .� , _ "/ '� ,rl %c Y ?',!%,,/.-•.2, I }ir- 'jam -'"r'/ - _ / ^ti /.,_111. /1 r ��..�,\:'/. .: ..�F: 41tt:(� /`\\ :� r�)L I11;.'%/i': . :i.'. ;! .� r, \ 1 {•, . M. f .y I jam"'.✓� � .,:M'.+ �_�"�. '"b Y n 1000, e jw�,F'Sr ' j. IV x P'y — 77,{ v ,(�•"�� � --� .lam 7r �.a 1 i COPY Butte County Department of Development ServicesV o� TrFO YVONNE CHRISTOPHER,DIRECTOR O O 7 County Center Drive p 0 Oroville,CA 95965 (530)538.7601 Telephone o _ —• o { (530)538.7785 Facsimile 0 ®G o c�U IN ADMINISTRATION * BUILDING * GIS * PLANNING April 19, 2005 To Reviewing Agencies and Departments: Subject: May 11, 2005,.1:00 pm Pre-development Review for Steve Lotti et al. Tentative Subdivision Map (PRED-05-12) 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). A Rezone is also proposed changing the zoning on 213 acres from FR-40 (Foothill Recreational, 40-acre minimum parcel size) to FR-20 (Foothill Recreational, 20-acre minimum parcel size) to allow for the proposal. This meeting is being held prior to formal submission of the applications. The Flexible Lot Size Subdivision proposal would create I 1 residential parcels ranging in size from 7 to 108, on a 275-acre parcel, based upon the approval.of the propose rezone. The property is located south of Cohasset Road between Rock Creek Road and Nicalog Road in the northeast 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 May 11, 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, Dan Breedon Principal Planner Enclosures cc: IDR Committee Ray Bruun,Regional Water Quality Control Board K:\Planning\PROJECTS\PRED\L.otti\Flex Lot Predevel Ltr.doc COPY Butte County Department of Development.Services UTTF YVONNE CHRISTOPHER,DIRECTOR o 0 0 0 7 County Center Drive o 0 Oroville,CA 95965 0 _� . - o (530)538-7601 Telephone o = `'_`�� o (530)538.7785 Facsimile CQU N•�y ADMINISTRATION*BUILDING*GIS* PLANNING April 19, 2005 Mr. Craig Sanders LandWorks P.O. Box 7486 Chico, CA 95927 Dear Mr. Sanders: RE: ' Pre-development Review for Steve Lotti et al (PRED-05-12) This letter is to inform you that a pre-application conference has been scheduled for May 11, 2005 at 1:00 pm. in the Department of Development Services Conference Room A, 7 I County Center Drive, Oroville. Your attendance at this meeting is requested. i 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. Sinc-erel Daniel C. Breedon i Principal Planner K:\Planning\PROJECTS\PRED\Lotti\Predevelopment Letter-Applicant.doc Butte County De al Pment ofDevelopm nt Servic� �UT�TFPy PLANNING DIVISION ° 0 ° ° 7 County Center Drive ° - ° Oroville,CA 95965 ° =tiz�;-_." (530)538-7601 Telephone °COON,`.`° (530)538-7785 Facsimile April 21, 2005 TO: Enter Agency or Department FROM: Dan Breedon, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Steve Lotti, Predevelopment Conference - PRED 05-12 APN: 047-230-102, 155, 159 DATE OF IDR*: 05/11/2005 *Inter-Departmental Review Committee IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: May 9, 2005 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: May 20, 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 05/11/2005, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Pre-development review concerning a proposed rezone from FR- 40 to FR-20 on 213 acres, and flexible lot size subdivision proposing 11 parcels ranging in size from 7 to 108 acres on a 275 acre parcel PROJECT LOCATION: on the south side of Cohasset Road west of Nicalog Road in Chico COUNTY SUPERVISOR DISTRICT NO.: 3 ZONING: FR-40 (Foothill Recreational, 40-acre parcels) GENERAL PLAN: See Comments (See Comments) 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 cdurling@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 May 9, 2005) El Yes (Conditions/mitigation measures due by May 20, 2005) K:\Planning\Projects\CommentRequestForm.dot Butte County ' AV%OPY Department of Development Services Planning Memorandum April 21, 2005 To: Inter-Departmental Review Committee Subject: Notice of Pre-Development Conference for PRED 05-12,Lotti Planner: Dan Breedon APN: 047-230-102, 155, 159 Location on the south side of Cohasset Road west of Nicalog Road in Chico. Date of IDR: 05/11/2005 Attached please find the Pre-Development Conference notice for PRED 05-12. A hard copy of the application, including maps, was sent to Environmental Health, LAFCo, County Counsel, the Assessor's Office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager at the time of application. The purpose of this notice is to give you the opportunity to comment on the applicant's proposal electronically to the planner, if you so desire, so that preparations can be made for the IDR-meeting on 05/11/2005. Comments: (Please send your response to dbreedon@buttecounty.net.) Signature: Date: i Document] BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Steve Lotti DATE: 04/12/2005 AGENT: LandWorks APN: 047-230-102, 155, 159 FILE#: PRED 05-12 PLANNER: Dan Breedon 'There are no Standard Conditions for a General Plan Amendment. PROJECT DESCRIPTION: Pre-development review concerning a proposed rezone from FR-40 to FR-20 on 213 acres, and flexible lot size subdivision proposing 11 parcels ranging in size from 7 to 108 acres on a 275 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 the issuance of building permits, obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. ❑ 2. Prior to the issuance of building permits, deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. ❑ 3. Prior to the issuance of building permits,submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. ❑ 4. Prior to the issuance of building permits, dedicate a one foot"no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels except at approved access points. B. DRAINAGE ❑ 1. Prior to the recordation of the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to the issuance of building permits, establish 100-year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations(by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ❑ 1. Prior to the issuance of the Rezone, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. BUTTE COUNTY STANDARD CONDITIONS FOR REZONE APPLICANT: Steve Lotti DATE: 04/12/2005 AGENT: LandWorks APN: 047-230-102, 155, 159 FILE #: PRED 05-12 PLANNER: Dan Breedon PROJECT DESCRIPTION: Pre-development review concerning a proposed rezone from FR-40 to FR-20 on 213 acres, and flexible lot size subdivision proposing 11 parcels ranging in size from 7 to 108 acres on a 275 acre parcel Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: D. SEWAGE DISPOSAL AREAS . ❑ 1. Prior to the issuance of a building permit,the applicant shall meet the sewage disposal requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems within a flood plain/floodway. ❑ 2. Prior to the issuance of a building permit,those wells indicated on the site plan that are proposed to be destroyed in order to provide required usable sewage disposal areas,shall be destroyed under a valid Butte County Environmental Health Division permit. ❑ 3. In the nitrate area record executed Future Sewer Service and Storm Drainage Agreements. ❑ 4: Prior to the issuance of a building permit,meet the requirements of the(Watershed Protection Zone) (Villa Verona Moratorium Area)(Cohasset Specific Plan). E. INDIVIDUAL WATER SUPPLY ❑ 1. Prior to the issuance of a building permit,provide a source of domestic water for the building on(lot) (parcel) ❑ 2. Prior to the issuance of a building permit,verify that domestic water can be provided to meet minimum standards for and other suspected contamination. I F. PUBLIC WATER SUPPLY ❑ 1. Prior to the issuance of a building permit,verify that domestic water can be provided to meet minimum standards for and other suspected contamination. G. EXISTING COMMUNITY SEWER ❑ 1. Prior to the issuance of a building permit,under a permit issued by the Environmental Health Division, abandon the septic tank and connect the dwelling(s)on(lots)(parcel(s)) to public sewer. BUTTE COUNTY STANDARD CONDITIONS FOR REZONE APPLICANT: Steve Lotti DATE: 04/12/2005 AGENT: LandWorks APN: 047-230-102, 155, 159 FILE #: PRED 05-12 PLANNER: Dan Breedon PROJECT DESCRIPTION: Pre-development review concerning a proposed rezone from FR-40 to FR-20 on 213 acres, and flexible lot size subdivision proposing 11 parcels ranging in size from 7 to 108 acres on a 275 acre parcel Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: H. BUILDING PERMITS ❑ 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include,but not be limited to: Park Fee,School Fee,Drainage Fee,Permit and Plan Checking Fees, Water and Sewer Service Fees,and Fire Protection Fees. ❑ 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include,but not be limited to: School Fee,Drainage Fee,Permit and Plan Checking Fees,Water and Sewer Service Fees, and Fire Protection Fees. I. EXISTING STRUCTURES ❑ I. Comply.with the Uniform Building Code for ptoperty 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 REZONE APPLICANT: Steve Lotti DATE: 04/12/2005 AGENT: LandWorks APN: 047-230-102, 155, 159 FILE #: PRED 05-12 PLANNER: Dan Breedon PROJECT DESCRIPTION: Pre-development review concerning a proposed rezone from FR-40 to FR-20 on 213 acres, and flexible lot size,subdivision proposing 11 parcels ranging in size from 7 to 108 acres on a 275 acre parcel Those items checked are conditions of approval. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: J. SITE DEVELOPMENT ❑ 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division,is identified as "Exhibit B" and dated 20 and is incorporated herein by this reference. ❑ 2. Prior to the issuance of building permits, the plans, incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. ❑ 3. Trash receptacle areas shall be enclosed by a 6 foot high solid masonry wall with view obstructing gates and a solid or semi-open shade cover. Plans to be reviewed and approved by the Planning Division prior to construction. ❑ 4. Prior to any use of the project site or business activity being commenced thereon,pursuant to this,permit, conditions of approval contained herein shall be completed to the satisfaction of the Planning Division. ❑ 5. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical boxes, transformers, and backflow preventers, shall be screened from public view. Screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. K. LANDSCAPING ❑ I. A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits. ❑ 2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access, shall be provided to and approved by the Planning Division prior to the issuance of building pen-nits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of P P gr g g mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter,4 feet from ground level. Mature trees removed shall be replaced by planting replacement trees of equal number and not less than gallon size. ❑ 3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris,during the term of this permit. ❑ 4. All graded slopes, over 5 feet in height, or on slopes greater than %, shall be seeded, planted, mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted to guarantee installation and established growth. ❑ 5. In parking lots of commercial and industrial development, trees of not less than 15 gallon size shall be provided to reduce heat gain from the paved surface and to soften the visual impact of the paved area. Such trees shall be planted at a minimum density of one tree every three parking spaces. Tree species shall be approved by the Planning Division prior to planting. ❑ 6. Prior to the commencement of grading and/or construction activity, all individual or groups of oak trees which are to be retained as part of the project, shall be fully protected through the use of root protection zones (RPZ). During construction, RPZs shall be established using protective fencing enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. Within this protective buffer, no grading, trenching, fill, or vegetation alteration of any kind shall be allowed. The RPZs shall be maintained after the completion of construction in order to continue to protect the oak trees, but the fencing shall be removed. L. GRADING ❑ 1. During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division. Archaeological artifacts are defined as follows: ❑ 2. Prior to any clearing, grading and/or construction in a Federal or State identified 100-year floodplain and/or streambed, the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404 permit or exemption certificate. M. ADDITIONAL APPROVALS ❑ 1. Prior to the issuance of building permits, payment of the North Oroville/Thermalito Traffic Impact Fees shall be made. ❑ 2. Prior to the issuance of a building permit for each new or additional living unit, the applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee. ❑ 3. Prior to the issuance of the Rezone, to insure the maintenance and continuance of the orchard or other agricultural use of the property, the property owner shall enter into the County approved Orchard Management Agreement. The agreement shall terminate:in. 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The agreement shall be recorded and recording fees paid by the applicant. ❑ 4. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. ❑ 5. This Conditional Rezone is granted for a period of month(s)at the end of which time it shall expire (unless the approving authority has held a hearing thereon and granted an extension. In connection with such an extension,the approving authority may add,change, or delete conditions). ❑ 6. Approval of this Conditional Rezone shall become null and void if the use for which it has been granted is not established within two calendar years from the date of approval. No formal cancellation or revocation action by the County will be necessary. ❑ 7. The developer shall display a current.County Zoning and County Land Use Map in the sales office at all times,and/or suitable alternatives. ❑ 8. Approval of this application does not become effective unless,prior to 4:00 p.m. on 20_, the applicant shall sign and file with the Department of Development Services an Indemnity Agreement in a form satisfactory to the County Counsel. ❑ 9. Prior to the issuance of a building permit or prior to the issuance of a Rezone for a Mobile Home Park,the Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3,Article II, of the Butte County Code. The fee amount shall be determined and calculated as of the date of application for building permit. ❑ 10. Prior to the issuance of the Rezone, the applicant or property owner shall sign and record the CSA 87 Traffic and Drainage Mitigation Agreement or pay the required fees. ❑ 11. Prior to the issuance of the Rezone, the applicant shall contact the Butte County Tax Collector's Office to begin the process of a Transient Occupancy Registration Certificate. A Transient Occupancy Registration Certificate shall be required within ten(10) days after commencing business for a motel,hotel, inn,tourist home, bed and breakfast, rooming house, apartment house, mobile home park, recreational vehicle park, campground,or parking area(See Chapter 23A). ❑ 12. Prior to the issuance of the Rezone,the applicant shall pay all outstanding County fees. BUTTE COUNTY STANDARD CONDITIONS FOR REZONE APPLICANT: Steve Lotti DATE: 04/12/2005 AGENT: LandWorks APN: 047-230-102, 155, 159 FILE #: PRED 05-12 PLANNER: Dan Breedon PROJECT DESCRIPTION: Pre-development review concerning a proposed rezone from FR-40 to FR-20 on 213 acres, and flexible lot size subdivision proposing 11 parcels ranging in size from 7 to 108 acres on a 275 acre parcel Those items checked are conditions of approval: PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: ❑ 1. Construction,installation or development of 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. ❑ 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. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of$1.72 per lineal foot of street frontage. The estimated fee amount is$ ❑ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. ❑ 8. Provide an all weather access of at least 10 feet wide and with a vertical clearance of 15 feet that will accommodate a 40,000-pound fire apparatus to all structures. BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE SUBDIVISION MAP APPLICANT: Steve Lotti DATE RECEIVED: 04/12/2005 AGENT: LandWorks APN: 047-230-102, 155, 159 PLANNER: Dan Breedon FILE#: PRED 05-12 PROJECT DESCRIPTION: Pre-development review concerning a proposed rezone from FR- 40 to FR-20 on 213 acres, and flexible lot size subdivision proposing 11 parcels ranging in size from 7 to 108 acres on a 275 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 fust 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. ❑ 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: Steve Lotti DATE RECEIVED: 04/12/2005 AGENT: LandWorks APN: 047-230-102, 155, 159 PLANNER: Dan Breedon FILE#: PRED 05-12 PROJECT DESCRIPTION: Pre-development review concerning a proposed rezone from FR- 40 to FR-20 on 213 acres, and flexible lot size subdivision proposing 11 parcels ranging in size from 7 to 108 acres on a 275 acre parcel Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: D. LEACHFIELDS ❑ I. 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. • ❑ 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. NEW COMMUNITY SEWER ❑ 1. 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 goverment 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. b. In conformance with the City of Chico Sanitary Sewer Master 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: Steve Lotti DATE RECEIVED: 04/12/2005 AGENT: LandWorks APN: 047-230-102, 155, 159 PLANNER: Dan Breedon FILE#: PRED 05-12 PROJECT DESCRIPTION: Pre-development review concerning a proposed rezone from FR- 40 to FR-20 on 213 acres, and flexible lot size subdivision proposing 11 parcels ranging in size from 7 to 108 acres on a 275 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 ❑ 1. 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: Steve Lotti DATE RECEIVED: 04/12/2005 AGENT: LandWorks APN: 047-230-102, 155, 159 PLANNER: Dan Breedon FILE#: PRED 05-12 PROJECT DESCRIPTION: Pre-development review concerning a proposed rezone from FR- 40 to FR-20 on 213 acres, and flexible lot size subdivision proposing 11 parcels ranging in size from 7 to 108 acres on a 275 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 ❑ I. 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 j 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. ❑ 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 ❑ 1. 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 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 paidby 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. BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE SUBDIVISION MAP APPLICANT: Steve Lotti DATE RECEIVED: 04/12/2005 AGENT: LandWorks APN: 047-230-102, 155, 159 PLANNER: Dan Breedon FILE#: PRED 05-12 PROJECT DESCRIPTION: Pre-development review concerning a proposed rezone from FR- 40 to FR-20 on 213 acres, and flexible lot size subdivision proposing 11 parcels ranging in size from 7.to 108 acres on a 275 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 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 I LEAD IN SHEET FILE NO: PRED 05-12 APN: 047-230-102, 155, 159 APPLICANT: Steve Lotti P.O. Box Chico, CA 95927 OWNER: Ralph Dacy, Kenneth Dixon REPRESENTATIVE: LandWorks REQUEST: Pre-development review concerning a proposed rezone from FR-40 to FR-20 on 213 acres, and flexible lot size subdivision proposing 11 parcels ranging in size from 7 to 108 acres on a 275 acre parcel LOCATION: on the south side of Cohasset Road west of Nicalog Road in Chico SIZE: 275 acres SUPERVISORIAL DISTRICT # 3 EXISTING ZONING: FR-40, (Foothill Recreational, 40-acre parcels) GENERAL PLAN DESIGNATION: See Comments (See Comments) ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: APPLICABLE REGULATIONS: i ASSIGNED PLANNER: Dan Breedon Date Application Received: 04/12/2005 Date Project Assigned: IDR Date: 05/11/2005 30-Day Complete: 05/12/2005 'A "DRAFT"LEAD IN SHEET FILE NO: 1 ��D ©5-—�Z AP# APPLICANT: A2��. "/O�, OWNER: REPRESENTATIVE: PR OS D ST: (to filled out by n taking in , I ation) 747 0.� oc�L A 9� FINAL REQUEST: (to be filled out by project planner) .�o ova Re Z5WIJ zwl& S n 6i vG r P e"a 8 A-,Z4�1 SIZE: o�7s &&ttj LOCATION: O C OZt,� ? " V SUPERVISORIAL DISTRICT# ✓ EXISTING ZONING: d �' GENERAL PLAN DESIGNATION: 4e-Z6 G L P✓ ASSIGNED PLANNER: ��Af PLANNER'S INITIALS Date Application Received Date Project Assigned BUTTE IDR Date oma' S /�!/ cUUNTY 30 Day Complete - Z •o`S APR 12 ZT5 Tentative Hearing Date DEdEiia,e ,ld SERVICES KAP1anning\Forms\Lead In Sheet.doc • ,� ;;, � a. , � � ,� _',. �•• . �, s�-: ,� � 'ti� �`1 , ;.. . � ,1 � .fir t` _� �� ` �' - .. - _ 1 � .. ,. - - . �."� � � _ 1 t � r � . � �. �� � ` •'� � - r`� •,i r .,, J 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 _Oroville _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. _OWID _Thermalito IrrigationDistrict _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.Social 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 Lotti, Dacy, & Dixon Rezone Additional Information Property owners: Steve & Carole Lotti Ralph:-,&Victoria Dacy Kenneth&Raye Dixon PO Box 1976 6556 Cohasset Rd. 773 Skylark Dr. Chico, CA 95927 Chico, CA 95973 Chico, CA 95926 047-230-155 047-230-102 047-230-157 Project: Lotti, Dacy, and Dixon are seeking a rezone of approximately 215 acres located on the southerly side of Cohasset Road between Rock Creek Road and Nicalog Road,APNs 047-230-155, 102, and 157. The total area in these three parcels is approximately 275 acres. The property is currently zoned FR-40 with a General Plan Land use designation of Agricultural Residential on approximately 223 acres and Grazing and Open Lands on 52 acres. The property owners are seeking the rezone on 215 acres of land in the Agricultural Residential designation. If the rezone request is approved, it is the property owners' intention to pursue a Flexible Lot subdivision to create not more than 11 parcels from the entire 275 acres. The parcels will range in size from 7 acres to 108 acres as depicted on the map submitted for the pre- development meeting. The calculation for the Flexible Lot size subdivision is as follows: 215 acres FR-20= 10 dwelling units; 60 acres of FR-40= 1 dwelling unit. All development is proposed to be located on the top of the ridge/bluff where the land is relatively level with slopes of approximately 5%. No structural development will be proposed within the steeper bluff area and this area will be designated as a"no development zone"in keeping with the Flexible Lot Size provisions. However,the area along the bluff may be used for sewage disposal as there are pockets of deeper soils located jus below the upper bluff line. The two larger parcels will be subject to development restrictions to prevent further land division thereby preserving the proposed density and the intent of the flexible Lot Size provisions. There are currently two access drives that serve the properties: Nicalog Road which provides access to the Lotti and Dixon parcels and a private driveway which serves the Dacy parcel. The.roads of the subdivision would remain private. There are two homes currently within the project boundary,one on proposed parcel 1 and one on proposed parcel 9. Water will be provided from individual wells and sewage disposal will be by individual on-site wastewater systems. The project is within the East Tehama Deer Herd winter range which calls for parcels of not less than 20 acres. The proposed project will not exceed a density of one dwelling unit per 20 acres and is seen as being consistent with the current deer herd protectio flu I COUNTY APR 12 2005 "VELUrIvIENT SERVICES policies. Some oak trees will ultimately need to be removed to accommodate the proposed development but will be replaced as per County policies. None of the property within the boundary of the project is located within a 100 year fold zone. A survey for rare plants will be conducted and submitted with the rezone application. F3U•ITE `COUNTY APR 12 2005 DEVELIsPIWENT ,,; SERVICES LANDWORKS Creative Solutions For Your Planning Needs. 70 Declaration Dr Chico. CA 95973 • landworkschico.aol.com Office (530) 898- 1132 Cell (530) 321 -3748 • Fax (530) 891 -3690 April 7, 2005 Steve Lotti P.O. Box 1976 Chico, CA 95927 Re: Rezone and TSM—275 acres Cohasset Rd. Dear Steve, As per our verbal agreement I have been working on preparing maps to submit to Butte County for a pre-development conference. The subject of the predevelopment conference is the potential rezone of approximately 275 acres located on the south side of Cohasset Road generally between Rock Creek road and Nicalog Road. Three different properties owners have land within the proposed area: yourself, the Dacy's, and the Dixon's. To date, I've spent 6 hours of time completing the following tasks: visiting the site; preparing and submitting an initial inquiry letter to Butte County; meeting with you about possible lot layouts; and preparing maps and application information to satisfy County Pre-development meeting requirements. At my charge-out rate of$80/hour this comes to $480.00 of cost up to this date. If you decide to pursue a rezone and Tentative Subdivision Map for the property, my additional costs are estimated to be $3,200. In addition, there will be other costs associated with this project including engineering costs, application fees, County map checking fees, etc. For the rezone application, the fees are broken down as follows: County fee—Environmental Health pre-application $500 County fee-Pre-application review meeting $1,576 County fee—rezone application $6,586 LandWorks—project administration $1,200 Engineer—preparation of legal description $500—$1,500 Total $10,362 to $11,362 Once the rezone is complete a tentative Subdivision Map must be applied for and approved to create the lots. The costs associated with this action are as follows: County fee—Tentative Map application $4,800 (approx.) County fee—groundwater monitoring/septic approval $3,000 (approx.) Land Works—Project administration $2,000 �u7"IE Engineering-map preparation, ground water/septic COUNTY surveys, lot staking, grading calcs to final map $17,000 to $22,000 APR 12 2005 County fee -Final Map check. $3,028 DEVELOr,*zt i, i- Total $29,828 to $34,828 SERVICES I've tried to provide a complete picture of the costs associated with completing the proposed project. In terms of time, the picture with the County is extremely muddied. The rezone application could take up to 1 year to process and'the Subdivision an equal amount of time once the application is complete. My thoughts are to apply for the rezone now and use the year to complete winter groundwater monitoring and prepare the tentative map so that is ready for submittal immediately upon approval of the rezone. This process is the most expedient in terms of time but this comes with'the risk of accruing costs that would be lost if the rezone was denied. 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