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HomeMy WebLinkAboutPRED 06-10_PLANNING 3 � I� Ill � lu Y9� Ilu I II III II7111 SEPARATOR SHEET x Oy2- 340- 163 PROJECT NUMBER ?,a-Eo nr - in PROJECT SUMMARY SHEET FILE NO.: PRED 06-10 PROJECT TYPE: Predevelopment Conference APN: 042-340-163, 164 APPLICANT: Shastan Homes ADDRESS: P.O. Box 810, Chico, CA 95927 �ig^u Ald G-A s oa PHONE: (530) 891-6727 OWNER: Jay& Linda Halbert ADDRESS: 378 Brookside Drive Chico, CA 95928 REPRESENTATIVE: North Star Engineering ADDRESS: 111 Mission Ranch Blvd. Suite 100 Chico, CA 95926 PROJECT DESCRIPTION: predevelopment meeting regarding subdividing 25 acres on the west side of the greenline in 10 parcels ranging from 1.0 acre to 8.9 acres. 7 LOCATED: on the west side of Bay Avenue, 3000 feet north of Bell Road, Chico. PROPERTY ZONED: A-5 (Agricultural, 5-acre parcels) GENERAL PLAN DESIGNATION: OFC (Orchard &Field Crops) TOWN/AREA: Chico 1. Application accepted: 2006-03-23 00:00:00 Amount: $ 1608.5 Receipt#: 449683 2. Assigned To: Carl Durling 3. Conference Room reserved: 4. Date and Time of Conference: 5. Pre-Development Letter sent to applicant and agencies: 6. Comments sent to: IDR, 7. Comments received from: 8. Staff Report: Project Video: 9. Follow-up letter sent to applicant: K://planning/projects/a new filel/pred summary sheet Revised 11/01/05 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: 5 -A.-f d Nf - D yZ - .3 is -/&3 ADDRESS: STREET,CITY,STATE,&ZIP CODE F LEN BER: (FOR OFFICE USE) E-MAIL: TELEPHONE: (09 ) / - (v7Z 7 NAME OF PROPOSED PROJECT(if any) LOCAMV0F-P 07SCT"ma}or cross s ee an �as,if-any --- - -- OWNER'S NAME: TELEPHONE: ADDRESS: CITY,STATE,&ZIP CODE: ZONE IGENERALPLAN I EXISTING LAND USE SITE SIZE(in square feet or acres) /I - S D%G DR./-dAIZUo 1 Z 14e47F5 t. EXISTING STRUCTURES(in square feet) PROPOSED STRUCTURES(in square feet) (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ( PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC [�`PROPERTY IS OR PROPOSED TO BE ON WELL WATER ❑GENERAL PLAN AMENDMENT ❑TENTATIVE SUBDIVISION MAP ❑REZONE ❑TENTX1TVE PARCEL MAP ❑USE PERMIT ('(WNTY WAIVER OF PARCEL MAP ❑ ❑MINOR USE PERMIT ❑BOUNDARY LINE MODIFICATION ❑VARIANCE �.''� ❑LEGAL LOT DETERMINATION ❑MINOR VARIANCE f ❑CERTIFICATE OF MERGER ❑ADMINISTRATIVE PERMIT ❑MINING AND RECLAMATION PLAN ❑DEVELOPMENT AGREEMENT ®OTHER T 44rVb FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size of parcels.) I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER,1 ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION 1S TRUE AND ACCURATE. (If an agent is to be authorized,execute an affidavit of a rization and' clude aff t wi this application.) DATE: �-2-�2—l 0 b SIGNATURE: AGENT AUTHORIZATION TO: Butte County, Department of Development Services: Phone Number Urlo 09-3 - /1e00 Print Name /// /"�/S5/o,J i2�,elCe� l3L✓fit JJiT� !oo c/ ico �15�26 Mailing Address is hereby authorized to process the application for /7�)M4r S on my property, identified as Butte County Assessor Parcel Number.(APNOyZ -3qO /6.31 16y This authorization allows representation for all applications,hearings, appeals,etc. and to sign all documents necessary for said processing,but not including document(s)relating to record title interest. Owner(s) of Record: (sign and print name) ��Y �I�LFJ�/Z,� r Print Nam Print Name Signature Signature .Architect and/or Engineer: Phone Number(;:��6) Print Name of Architect/Engineer /2-A,4J<Z.A/'_ /3.1-1-/D . .5v:7'4: Mailing Address FOR OFFICE USE ONLY Verify: , 6dg Date Received: t%^ 2 �� Total Amount Received: BUTTE ® AP Number(s) Q Legal Description rOUNTY 0 Owners Authorization Zoning Requirements © Project Description 'Copies of plot plan I •i 20D8 -,:V.1::LOPMENT Taken by: �� c _ `T Receipt No. SM11VdCES PW/LDf3 3 "7 PlaO F OL7 NOD/NOE Fees AG.'F,;Z z ❑Archaeological Resources Project Review Fee $60.00 (paid by a separate check,necessary for all discretionary land use projects requiring an environmental review,made payable.to the Northeast Information Center) Payment of the currently required Application Fee and/or Deposit(any unused portion of a deposit)will be returned upon final action. Current fee for this application is r c?-p as of iM-6(a. 'Z Zo . Make check payable to"Butte County Treasurer". Revised 1127105 a COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be completed by Project Applicant) Date Filed GENERAL INFORMATION: 1. Name and address of owner,and/or developer, and/or project sponsor: -51-(A5754 1 f7�1�1�5 0,80-y laud -7 2. Address of project: o8A Y A V,4-,al/ef Soy i rd e r GAR.,r c- Assessor's Parcel Number: 6 yZ --51/0 - 163 >` /41/ r 3. Name, address, and telephone number of person to be contacted concerning.this project: SAX N,4Z.,6,QL7- 3 7S J4,c- 5'3,o - 9'�i 4. List and describe any other related permits and other public approvals required for this project, including 'those required by city, regional, state and federal agencies: 5. Existing general plan designation: 6. Existing zoning district: A -5 7. How is land currently used? D�_Z�A2.4 ..8.. Proposed use of site (Project for which this form is filed): .SaJ'1,3D1✓/SIo cJ :::Project Description: JJ 9. Site size: 2 S �G6?J-'�5 tl" . (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: Compact: Total: s� 11. Plans attached: Yes No 12. Proposed development schedule 13. Associated projects 14. Anticipated incremental or phased development 1<_1A BUTTE COUNTY 2005 .;EVELOPMENT SERVICES ■Butte County Department of Development Services 0 Planning.Division ■ Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. jd %�C I)Ar�/L•,,>>,c/�Q.�_ 16. If commercial, indicate the type,whether neighborhood,city or regionally oriented,square footage of sales area and loading facilities. X11.4 17. If industrial, indicate type,estimated employment per shift, and loading facilities,,c�/,A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facitities–and-community-benefits-to-be-derived-from-ttre-proje cL — 19. If the project involves a.minor variance;conditional use,rezoning application,or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit &// t Are the.following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Chan a in scenic views or vistas from existing residential 9 9 areas or public lands or roads. _ X, 22. Change in pattern or character of general area of project. h' 23. Significant amounts of solid waste or litter. - x' 24. Change in dust, ash, smoke,fumes or odors in vicinity. _ k` 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. _ 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. _ X, 28. Use of, or disposal of potentially hazardous materials, such as toxic substances,flammable or:explosives. 29. Substantial change in demand for municipal services (police,fire,water,sewage,etc. including special districts). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). _ 31. Relationship to a larger project or series of projects. 0 Butte County Department of Development Services 0 Planning Division s Environmental Setting: (Attach brief description) 32. Describe the project site as.it exists before the project, including information on topography, soil stability, plants and animals,and any cultural,historical,or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties,including information on plants and animals and any cultural,historical, or scenic aspects. Indicate the type of land use(residential, commercial, etc.), intensity of land use(one- family, apartment houses,shops, department stores,etc.),and scale of development(height,frontage,set- back, rear yard,etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability,and that the facts,statements,and information presented are true and correct to the best of my knowledge and belief. 22LO 6 Date SignAdre U M k:\planning\forms\submittallenv.doc ■Butte County Department of Development Services ■ Planning Division ■ ATTACHMENT TO ENVIRONMENTAL INFORMATION FORM 32. There's an orchard on some of the 25 acres that will be subdivided—The land is flat and without historical or cultural significance. Soils are typical to the area and no structures are present. 33. Surrounding properties include residential and agricultural uses. Proposed use for the 25 acres will be single family residential. As stated in item 32, no cultural or historical aspects are known to exist on the stated property. Thursday,March 23,2006 Development Services PLANNING DIVISION Ver. 1.0 { Counter DDS Planning $1,008.00 Person ;Chris (General Fund) -'-- - Payment Date 3/23/2006 : Public Works $337.00 (Land Development) i Receipt Number 449683 Environmental Health !—� $136.00 Received From ;Halbert,Jay& Linda; CDF(Fire Department) $95.00 :Shastan Homes Applicant ;Shastan Homes NOD/NOE $0.00 (Recording Fee) Aunt Minnie $0.00 Application Number :PRED 06-10 $1, 500 or$2,000 or In Reference To _ Planning Review/EIR $0.00 Parcel Number :042-340-163, 164 Fish/Game $0.00 Check Number/Cash 15043, 5044 j ALUC $0.00 Total Received $1 ,608.50 (Airport Land Use) - - - Non Sufficient $0.00 Total Fees -- Funds ($25:00 Fee $1 ,608.750 1Cell Tower $0.00 ($2500.00) Public Sales/Copies $0.00 j i Other: $32.50 t COUNTY OF BUTTE 449683 OFFICIAL RECEIPT OFFICE OR DEPARTMENT ISSUING RECEIPT (ikiZ, Received from '4 ` p' — The Sum of 0'uG 77t"i5�frvt0 S ( C f z,•; d)rzG�`7 t�E%lrtf T—idl" For e, 5 Ll l� Received: Received By �� � LF ( , CASH E] J�3 TitleIL _ CHECK / �U G�L{ By DAVCO BUSINESS FORMS•(530)743-8511 Form 84702 t JAY OR LINDA',HALBERT A..SHASTAN,HOMES .378-BROOKSIDE DRIVE 'CHICO GA'95928 -903504/1211 'bate, Pay to Order the . �0"� � /.. .040�!'r'�� 1��! !tet s''� � ��U �,G��/C� •JT� �l/lays TRI COUNTIES BANK . 1-800-922-8742 For' , s G1 '3. 00. 111:3:7 S L.11` O NAKAND 2000.. . ., JAY OR LINDA HALBERT 544, DB A:=SHASTAN HOMES 378,BR0OKSIDE DRIVE: 90-3504/1211,:• Date Pay to the� roj Order of © $ 3� GOCV 7-A � 5•cwliv Dollars � o...•• 1I TRI COUNTIES DANK 1-800-922-8742 For A: i 211350.45 :.:5044, .00 11. 35 J .O NAMAND 2000, Butte County Department of Development Services 0 OTrF° 7 County Center Drive,Oroville,CA 95965 ° o (530)538-7601 Telephone (530)538-7785 Facsimile www.buttecounty.netld d s VAN TENTATIVE P EL MAP SUB D SION MAP W R APPLICATION APPLICATION PACKET CHECKLIST This checklist is designed to assist applicants in making sure all necessary information is included in their application packet. Please include this checklist along with you submittal. APPLICATIONS WILL NOT BE ACCEPTED IF ANY OF THE COMPONENTS LISTED BELOW ARE MISSING OR INSUFFICIENT.. Applicant Planner L ❑ Complete a Pre-Application Review with the Environmental Health Division for on-site sewage disposal requirements for the proposed use. Submit a copy of Environmental Health's Pre-Application review response letter. ^The Environmental Health Division charges a fee for this review. 2. ❑ ❑ Pre-Application Annexation Meeting. Submit a copy of annexation agreement ifproject is dependent upon annexation for water supply and/or sewage disposal,but not located within . a service district. 3: E� ❑ Planning Division Application form,completed and signed.. If the application is signed by an agent for the owner, an agent-authorization form must be submitted along with the application. The application shall not be accepted unless signed by the owner or authorized agent. 4. ❑ Northeast Information Center (NEIC) Agreement and check in the amount of $60.00 made out to NEIL (for historical/archaeological review). 5. lJ ❑ Payment of the currently required Application Fees and/or De osits,make checks payable to `Butte County Treasurer.",'Public Fee Schedule — address .Fish and Game, Recording Fees, 25%.d.eposif retention., etc. 57� 6.. E� ❑ A preliminary title report showing current ownership and dated within 6 months of the application submittal shall be filed with the application. 7. ❑ ❑ Thirty-five (35) copies of the map, including a detailed site plan drawn to scale,.shall be submitted. Additional copies of the map shall be made available by the applicant or engineer/surveyor to County Departments upon request. All maps shall be drawn on' uniform size sheets no less than 18"X 26". The finished map shall be folded to 8 Y?x 11 The detailed map must include: IF INSUFFICIENT INFORMATION TS SURMTTTRT).TAF APPLICATTON wTi.T.RR i -r. .MT.n iNrnN4PT.F.TF.. Applicant Planner a. ❑ ❑ Name, business address of person who prepared the map. b. ❑ ❑ Proposed property lines and lot dimensions. C. ❑ ❑ Assessor Parcel Number(s). The street address (if available). d. ❑ ❑ Vicinity Map indicating the location of the land in relation to the nearest major roads, significant topographic features, surrounding area or region. e. ❑ ❑ Dimensioned locations of existing and proposed,public and private,improvements on the property(including,but not limited to,buildings,driveways,parking areas,wells, septic tanks, sewer lines, leach fields, utilities, and street lights.) f. ❑ ❑ Wells and septic tanks which are to be abandoned shall be shown and identified as "well' or "septic tank" and "to be abandoned". The wells and septic tanks shall be properly abandoned under permit issued by the Butte County Division of Environmental Health. g. ❑ ❑ Buildings which are to be removed will be identified as"building to be removed". The buildings shall be properly removed or demolished under permit issued by the Butte County Building Division. h. ❑ ❑ The existing and proposed location, name, width, approximate grades and radii of curves of all roads, streets, highways for the subdivision and within 100 feet of the exterior boundaries thereof. All streets shall be labeled as to whether it is public or private. i. ❑ ❑ Township,Range and Section topographic contours and water features,at a minimum, as shown on the current USGS 7.5 minute quad map. Township, Range and Section information can be found on the internet at http://www.topozone.com/ J. ❑ ❑ Approximate location of all FEMA identified 100 year floodplain areas,if any,and the location,width and direction of flow of all intermittent/seasonal water courses,if any. k. ❑ ❑ Sufficient information on the map to determine adequacy of the proposed drainage and flood control measures, including but not limited to, proposed easements, and facilities. 1. ❑ ❑ The widths,location and purpose of all existing or proposed easements on and off-site, serving the project and applicable County Recorder document number. m. ❑ ❑ North arrow and scale of drawing. All maps shall be drawn to an engineering scale of a size sufficient to reasonably show all required features. A north arrow preferably oriented to the top of sheet. IF INSUFFICIENT INFORMATION IS SUBMITTED.THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 Applicant Planner n. . ❑ ❑ Location.of all slope banks, ponds, creeks, buttes, sloughs, rock out-crops, natural' drainage courses, irrigation canals,.and existing vegetation worthy of consideration for preservation, such as oak trees. Env iro ental Setting 8. Attach description of the project site as it exists,before the project, including information on topography,soil stability,plants and animals,and any cultural,historical or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. Digital.Photos on.CD? 9. ❑ Attach description of the surroundin ro er ies including information on plants and P gP P � g animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, agricultural, etc.), intensity of land use (one family, apartment houses,shops,department stores,etc.),and scale of development(height,frontage,set-back rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted.- 10.`E] ccepted.10. ❑ ❑ A written request for any exceptions to the subdivision standards pursuant to Section 20 of the Butte County Code, if applicable. http://tnunicipalcodes.lexisnexis.com/codes/butteco/ Additional information may be required in order to clarify,amplify,correct or otherwise supple{pieit,the.above submittal information or to complete any required environmental review documents,as deemed necessary.by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Signature: Date: Applicant/Representative Signature: Date: Planner Receiving Application K:\Planning\FORMS\.Submittal\CHECKLIS\TT(2)B.WPD BEING REVISED 1205 IF INSUFFICIENT INFORMATION IS SUBMITTED,THE APPLICATION WILL BE DEEMED INCOMPLETE. 3 1- !E Agreement For Butte County Archaeological Resources Project Review By The Northeast Information Center(NEIC) The California Environmental Quality Act (CEQA) is the California State statute that requires the Butte County Department of Development Services to perform an environmental review on all discretionary land use projects, to identify the significant environmental impacts of the project and to avoid or mitigate those impacts,if feasible. Every development project which requires a discretionary governmental approval will require at least some environmental review pursuant to CEQA, unless an exemption applies. The environmental review required imposes both procedural and substantive requirements. At a minimum, an initial review of the project and its environmental effects must be conducted. Depending upon the potential effects, a further and more substantial review may be conducted in the form of an environmental impact report (EIR). A project may not be approved if feasible alternatives or mitigation measures cannot substantially lessen the significant environmental effects of the project. At the state level, CEQA requires that public agencies consider the effects of their actions on _ historical resources eligible for listing on the California Register of Historical Resources. "Historical resource" refers to buildings, structures, sites (prehistoric and historic), objects, districts, and all manner of properties containing material remains of past human life or activity. The Department of Development Services utilizes the Northeast Information Center (NEIC) of the California Historical Resources Information System (CHRIS) to identify projects that may have archaeological significance. The CHRIS is a statewide system for managing information on the full range of historical resources identified in California. This system is under the authority and direction of the Office of Historic Preservation (OHP), the State Historic.Preservation Officer (SHPO), and the State Historical Resources Commission (SHRC). The Northeast Center of the CHRIS system, located at California State University, Chico, manages the historical resource records for 11 counties, including Butte County. The Northeast Information Center will furnish a Record Search to Development Services indicating the archaeological/historical significance and sensitivity of the applicant's project area and additionally providing a recommendation as to whether further archaeological survey is warranted. If further archaeological survey is required, the application would be considered incomplete until the appropriate archaeological survey is completed and reviewed. The Department of Development Services will forward applicant's payment (by check) of $60.00 and relevant project application information required.for the.Records Search to NEIC. NEIC will provide the results of:the Records Search.to Development Services. Development Services will notify the applicant if further archaeological survey is warranted. The $60.00 fee does not cover the cost of further archaeological survey work. If further archaeological survey'work is required, Development Services will work with the applicant to see that it is accomplished, according to set standards, by a qualified archaeologist. The applicant shall bear all costs associated with further archaeological survey work required to continue processing of the planning project application. THIS FORM MUST BE ACCOMPANIED BY A COPY OF A 7.5' TOPO MAP, WITH THE PROJECT.AREA OUTLINED. THIS IS USED DURING THE REVIEW TO RESEARCH CULTURAL SITES. The undersigned applicant for the project as identified below has read and understood the Butte County Archaeological Resources Project Review process and agrees to fund the required Record Search to be provided by NEIC. Attached is a check for $60.00 made Payable to the Northeast Information Center for NEIC to perform the Records Search. Failure of payment to NEIC for this Records Search would result in the planning project application to be considered incomplete until payment of the $60.00.Records Search fee along with any related fees associated with non- paymen turned check charges,.etc.) in full to NEIC. r Applicant Sig at re Date Applicant PRINTED Name y yf� Check Number t !,Ur',i1�::vT Planner,File Number K:1Arch Form Final.doc ,rte Form No. 1068-1(Rev. 10/17/92) Exhibit A to Preliminary Report S � A M E R � C, sc� Doe4 , � o o .. Preliminary Report BL.,G COrjrvTv i•%Ar' 2 DEVELOPAIENT SERVICES Mid . Valley tie and Escrow Co. Chico Oroville Paradise Affiliated With First American Title Insurance Company EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public,records.Proceedings by a public agency which may result in taxes or assessments,or notice of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c) are shown by the public records. D(CWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable "doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character, dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant;(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy;or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material heretofore or,hereafter furnished,imposed by law and not shown by the public records. 1 Mid Valley .Title and Escrow Company PRELIMINARY REPORT Post Office Box 3039 601 Main Street Chico, California 95928 Phone (530) 893-5644 /Fax (530) 893-3428 All Policies of Title Insurance issued by First American Title Insurance Company (5) Amended: (12/01/2005) Order No.: 222061 VP Escrow Officer: Vicki Petrucha Re: MORGANS FERGUSON In response to the above referenced application for a policy of title insurance, First American Title Insurance Company,hereby reports that it is prepared to issue,or cause to be issued,as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be j carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of NOVEMBER 10, 2005, at 7:30 a.m. i Roger Button, Chief Title Officer 9 Preliminary Report Order No. BU-222061 VP Title to said estate or interest at the date hereof is vested in: NANCY ALICE MORGANS FERGUSON,TRUSTEE OF THE NANCY FERGUSON TRUST,DATED FEBRUARY 17, 1998, AS HER SOLE AND SEPARATE PROPERTY, AS TO PARCEL I, AND NANCY ALICE MORGANS FERGUSON, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, AS TO PARCEL 11 The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE At the date hereof exceptions to coverage in addition to the print-ed Exceptions and Exclusions in said policy form would be as follows: 1. ANY TAXES, CURRENT OR DELINQUENT, TAX SALES, STREET ASSESSMENTS, BONDS, SPECIAL ASSESSMENTS, ASSESSMENT DISTRICTS, TAX DEEDS, TREASURER'S DEEDS, AND CERTIFICATES OF SALE, WHICH MAY EXIST AS LIENS, CHARGES OR ENCUMBRANCES AGAINST SAID LAND,NO EXAMINATION OF THE RECORDS PERTAINING TO SAID MATTERS HAS BEEN MADE. TAX INFORMATION AVAILABLE UPON REQUEST. AP#S 042-340-163-000 AND 042-340-164-000 2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. A REPORT HAS BEEN ORDERED TO DETERMINE IF A SUPPLEMENTAL TAX BILL HAS BEEN SENT OUT. IF A BILL HAS BEEN SENT, A REPORT WILL FOLLOW PRIOR TO THE CLOSE OF ESCROW. RE-CHECK SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW. 3. RIGHTS OF THE PUBLIC OVER ANY PORTION OF THE HEREIN DESCRIBED LAND LYING WITHIN THE BOUNDS OF ANY PUBLIC ROAD OR HIGHWAY. AFFECTS BAY �I AVENUE. I CONTINUED Page 2 Preliminary Report Order No. BU-222061 VP 4. AGRICULTURAL LEASE UPON THE TERMS, COVENANTS AND CONDITIONS PROVIDED THEREIN, DATED: OCTOBER 5, 1983 LESSOR: PHILIP MORGANS AND GRAYCE MORGANS, HUSBAND AND WIFE LESSEE: KEYAWA AND SON'S ORCHARD MANAGEMENT, A GENERAL PARTNERSHIP RECORDED: MAY 18, 1984, IN BOOK 2946, PAGE 148, OFFICIAL RECORDS. 5. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES FOR: WATER WELL WITH RIGHTS OF ACCESS RECORDED: JANUARY 9, 1987,UNDER BUTTE COUNTY RECORDER'S SERIAL NOS. 87-00953 AND 87-00954. SUBJECT TO THE TERMS AND CONDITIONS CONTAINED THEREIN. 6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $205,125.00, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY DATED: AUGUST 31, 1999 TRUSTOR: NANCY ALICE MORGANS FERGUSON, A MARRIED WOMAN TRUSTEE: CALIFORNIA RECONVEYANCE COMPANY BENEFICIARY: WASHINGTON MUTUAL BANK, FA RECORDED: SEPTEMBER 8, 1999, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 99-38523. 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF$30,000.00,AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY DATED: FEBRUARY 27, 2003 TRUSTOR: NANCY ALICE MORGANS FERGUSON,AN UNMARRIED PERSON TRUSTEE: EQUITABLE DEED COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: BANK OF AMERICA,N.A. RECORDED: MARCH 7, 2003, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 2003-14262. NOTE: THE ABOVE DEED OF TRUST SECURES A LINE OF CREDIT. PLEASE FREEZE THE ACCOUNT PRIOR TO CLOSE OF ESCROW. 8. WE WILL REQUIRE THE ELIMINATION OF ANY INTEREST OF ANY SPOUSE OTHER THAN DANIEL FRANK FERGUSON. CONTINUED Page 3 t ' Preliminary Report Order No. BU-222061 VP NOTE: THE LAND HEREIN WAS CREATED BY DEEDS, RECORDED JANUARY 22, 1900, IN BOOK 55 OF DEEDS, PAGE 110, BUTTE COUNTY RECORDS AND JANUARY 9, 1987, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 87-00953 THE VESTEE HEREIN ACQUIRED TITLE BY DOCUMENT(S)RECORDED FEBRUARY 26, 1998, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 98-07101 (PARCEL IJ AND SEPTEMBER 8, 1999, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 99-38522 (PARCEL II). VP:KK DECEMBER 1, 2005 I Page 4 Preliminary Report Order No. BU-222061 VP Description The land referred to herein is situated in the State of California, County of Butte, and is described as follows: PARCEL I: THE SOUTHERLY HALF OF LOT 3, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "FIRST SUBDMSION OF THE BAY TRACT",WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON FEBRUARY 4, 1893, IN BOOK 1 OF MAPS, AT PAGE(S) 42. ALSO LOT 5 AND THE SOUTHERLY HALF OF LOT 6, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "SECOND SUBDMSION OF THE BAY TRACT",WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON NOVEMBER 25, 1895, IN BOOK 1 OF MAPS, AT PAGE(S) 18. APN 042-340-163-000 PARCEL IL LOT 6, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "FIRST SUBDMSION OF BAY TRACT",WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE,STATE OF CALIFORNIA,ON FEBRUARY 4, 1893,IN BOOK 1 OF MAPS,AT PAGE(S) 42. APN 042-340-164-000 Page 5 1.0AC 0.93AC Os-02 PORTION OFSECT/ON l7 T22N RIE M.D.B. a M. P49.27.7�= +. os-28 4 4 103 06 07 PM102-21 PM SU=40 PM 70-3/s' PM76-f44 " 2_ I i t �,.•, I 1 2a 3 2 w,tl 60 i IIAC )32 t.r6Ao 3 179 M 10?-74!75 I'' 2 It 4 coe Q. 33y 2s 8 co6AC 1 ! PM 115- �2 e/ °0 9 we S 4�D ( �' Y O 1 t.2 184 - 186' I AC. y4 f n /e 2A r 9 c 1.17 1r•x 18 4 2 IAe gtr4 tr4ae u4ae tr4Aes� lZJ ♦ �'i 2 6l t ,- 3 n 7.37 Ar. ^ ♦ �� 80.623 I ) .917 103 L 146 s .w m 5. s! 102A11 .,6s ® I 9 e3 r3 el I PM -79 3 9 I 1183 i ',1 &ISM IBO. 2 ♦ 1 1 I 78 / %:� a 33 i 1 43 32. 42 1-"AC Q O �!04 _ ``-/ IlseAo teraoy 17 „64 65 I lac - /c / AC ' 31 30.43 / /PMf03-361 V 1 I a 1 �PM/03-35a 2.33AC n4 63 1 1 9t "coo i oac 3 1 33 �' 1 ^s3Aa xt3A I e 1 O P .l 1 Ae l.:3A Is3Ac coA o AC _ I 1.03. 3 63 rJr 1 X163 8 A 00!O 100 ro I• AC. re3 Ie300 I65 r t l20 99 99 - R fro/ PM/02-37 BAY i q 2/3.10 2/3.20 405.71 I 171 PM63-961 - Os-Q4• c3ac�o •� 56 .33 I2 I �11 7S/ AC i.tlAC 12 424 l .i WOAC 4 3 152X.J II � Q,Op9J lIS; �` 117 P 2 Jl9 I _6 1, L46� 1r.J3^ 2 1�it p If 1 14 4.45 AC. /6 u AC„r `ac ua 1!-i $ /O trade ? !-t nAC P 5.04 AC 5.03AC I -O 1 I' r14Ae 319.82 O �' 2 r♦ �� 3j PM89-793' (37 (4r) n 32 ctA 1 9/ a 3 PM 82-4�2 I 0P 462.50 534.87 1 g PM70-33 i 12 ! 32 a 33 toA 1 14 t4eac 2 /69 31 41 4 861-10 i' 9 q6 166 !Ol I70 aU I 18 6.72AC I ti I O AC I 5.02AC I I 63 O 1 O 3 85 Ac gyp' ,PM 94-85?*737.11 3t l2 r 1` l3 rweAc 1.O/AC LO/AC I 6!4.48 O o 9 607 0 g 2a 84 1.18 15 8f0. 7 J0 /p 1 l4l I-� 1671.0`1@A,. 3 ae 1„toe�e 4n/ /4 57 cone �9' 03 22 I e 35 r:ac 4/ t2Ac PMl093I 5@A.I Peas• ( col 2 r® !r a4 Pp 3.03 Ac. I I 4.41 Ac I !a ®. {� 52 4.73 4e. _ _ tO1Ae P -8 n_34 lsAC Ol.tAC �A� �AS PMrO3 ''Oy 34• MIAt1 { . --846.09-'--"--- ----6 --- - - ----- -- -- ---- - -- - - - /1.43AC �I 1 /O I 11 I 12 i 13 1986. 11 683.4 96 I164.00 22 ry0 @ a' 5.00ACS N !t NOTE:These parcels ore for assessment purpo:ys l8/ 632 AC. only and may not court hole 1e9m porcele. 60. . I . i 22 11- 2y3a�P1'IN10�/ '. 173 / 04 95 Cr �q l7 f 166. e` OS.00AC !f4 ryRM/09-682 5.40AC 642-52 9!7.96 0� TMs mep iney or msy not De a survey o1 tlta lend depleted 0t hereOA..You slwWd not!ay upon k for atgr pulposa %.d than orientation to the aeneral tot:etlon of the.ptrt-al es: parcels depicted.Mid Va1leY 77de.and Eeeress Company; G GUYAW AVE w°%tlict�i ma e^Y tiabtlflyp�� � aarnaoa; �� Y from reliance u 1 05 Assessor's MOP No. 42-34 I County of Butte,CA. 'AY4TACCT N0.2 AtO.R. SKI,PG 18, 24 NOV 1893REVISED:9-94 T NO.1 At O.R. 8K I,PG 42, 4 FED 1895 S rc y :PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future,wemay.8fi§ you to provide us with certain information. We understand that you may be marred about what we will do with such information—parUc:ulady any personal or financial inforation. We agree that'you have a right to know how we will utilize the personal iafocmation you 4ifavide to us. Therefore,together with our parent company,The First American Corporation,.we have adopted this Privacy Policy to Mge n themse and handling of your personal information. 4plicabipt9 1usPrivady Policy govem$our use of the information which you provide torus. It does not gotern the manner in which*0 may use information wahave obtained from any other source,such as information obtained fi-om:a public record or fom another person or entity. First American has also adopted broader guidelines that govern our use of personal iitfothiood regardless of its source. First American calls these guidelines its FalrCr1/orautaon•Values,a000y of which can be found on our websitdg&www.firstamcom. Types of Information Depending upon which of our seryipes you are utilizing,the types of nono0jic personal information that we may collect include: • Information:we receive from you on applications,forms and in otter comnrunications to us,whether in writing,in person,by. telephone or any other means; • Information about your transactions with us,our affiliated.companies,or others;.aM. • Information we receive from a consumer reporting agency. use of information We request information from you forour own legitimate business purposes and not for the beiefit of aay nonaffiliated party. Therefore,we will not release your information to nonaffiliated parties except:(1)as necessary for us toprovide tlxe.product or service yqu'have requested of us;or (2)as permitted by law. We may,however,score such information indefinitely,including the pc#od after which any customer•relationship has ceased. Such infotmadoa maybe used for any internal purpose,such as quality control efforts or customet•analysis: We may also provide alt of the types of nonpublic personal information listed above to one or more of oar affiliated companies. Such affiliated companies include financial. aavioe providems,such as title insurers.property and casualty insurers,and trust and investment advisory companies,or companies involved in real estate se vices,such as appraisal cwmpames,horse warranty companies,and escrow companies. Futtlmermore,we may also provide all the information we collect,as described above,to.eompanies that perform marketing sevices on our behalf;on behalf of our affiliated companies,or to other financial institutions with whore we or our affiliated companies have joint marketing agreements. Former Customer Even if you aro no longer our customer,our Privacy Policymill continue to apply to you: Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and.entities who need to know that information to provide products or services to you. We Wt ll mise our best efforts to train and oversee our.emptoyees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Wormation VaGres. We.cu rendy maintain physical,electronic,and procedural safeguards-CW comply with federal regulations to guard your nonpublic personal information. @ 2001 The First American Corporation AllRights Reserved Form No. 1491.EAGLE(10/01) Addendum to Exhibit A ADDENDUM TO EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE — 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE — 1998 EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees, and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation. This includes ordinances,laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it,unless: a. a notice of exercising the right appears in the Public Records at the Policy Date;or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created,allowed,or agreed to by You,whether or not they appear in the Public Records: b. that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date; c. that result in no loss to You;or d. that first occur after the Policy Date —this does not limit the coverage described in Covered Risk 7,8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys,or waterways that touch the Land This Exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any,law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating, prohibiting or relating to(i)the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions or location of any improvement now or hereafter erected on the Land; (iii)a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part;or IN) environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19,20,21,22,23, 24,25,and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage,or claim thereof,which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury,except as provided in Covered Risk 27,any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7,8(e) and 26. 7. Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This exclusion does not limit the coverage provided in Covered Risk 8. B. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy,and all interest charged thereon,over liens, encumbrances and other matters affecting the title,the existence of which are Known to the Insured at: (a) the time of advance;or (b) the time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged,if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage in Covered Risk 8. 9. The failure of the residential structure,or any portion thereof to have been constructed before,on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. SCHEDULE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses) which arise by reason of: 1. The following state statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 27 of COVERED RISKS:NONE. 13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) WITH REGIONAL EXCEPTIONS When the American Land Title Association is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy: SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien, for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. Part Two: 1. The following state statutes,reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 27 of COVERED RISKS:NONE. 4. IICAN LAND TITLk ASSOCIATION LOAN POLICY- 1TH A.L.T.A:ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character, dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant,(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory.lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable"doing business'laws of the state in which the land is situated.. 5.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 WITH REGIONAL EXCEPTIONS When the American land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 6.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable "doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer;or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss.or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,'ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation.oralleged violation affecting the land has been recorded in the*Public records at Date of-Policy. (b) Any governmental police power not excluded by(a)above,except to the,extent that a notice of the exercise thereof ora notice o.4 defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters; (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the Insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer;or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY- 1987 EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically de: ' and referred:o ip Item 3 of Schedule A,or • in streets,alleys,or waterways that touch yr r This exclusion does not limit the access coverage in Item 5 ,...,.red Title Risks. { Butte County Department of Development Services TrF TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o 0 Oroville, CA 95965 0 _�a_� o o - o (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION * BUILDING* PLANNING April 27, 2006 John Hanley NorthStar Engineering 111 Mission Ranch Blvd. Chico, CA 95926 Re: Pre-Development Review for proposed Shastan Homes Tentative Subdivision Map Project on the west side of Bay Avenue, north of 3,000 feet north of Bell Avenue, Chico (APN 042-340-163 and 164)PRED 06-10. Dear Mr. Hanley: This letter is intended to provide a summary of the information provided in the meeting held on April 26, 2006, regarding your proposal to divide two parcels totaling 25 acres into 10 parcels. The project site is located on the west side of Bay Avenue, north of 3,000 feet north of Bell Avenue, Chico Area. The following written comments are included with this letter: 1. City of Chico, Kim Seidler 2. Agricultural Commissioner's Office, Robert Hill 3. Butte County Environmental Health, Cliff Bottenfield The following is a brief summary of the issues raised at the meeting: 1. Greenline: The property is adjacent to and on the agricultural side of the Greenline. This requires a 300-foot setback on the interior of all parcels. 2. Chico growth area: The City of Chico notes that the area of the proposed map is under consideration as part of an area wide General Plan update and analysis. 3. Environmental Health: Parcels can be served adequately with septic and wells. In addition to the above, the Development Services Department, Planning Division, noted the following: 1. The proposed plan incorporates the Flex Lot provision of the zoning ordinance. However, the Flex Lot provisions are not allowed in Agricultural zones (A-5 through A- 160). 1 r 2. Bay Avenue is a dead end road with as many as 70 parcels. County Code sets a limit of 20 parcels on a dead end road or cul-de-sac. Additional access would have to be provided that brings the project into conformance with this provision of the Code. 3. The proposal conflicts with the current General Plan designation of Orchard and Field Crops which sets a minimum of 20 acres for parcels. Dividing to less than this acreage requires conformance with certain General Plan development criteria and zoning factors (see page LUE-48 of the Land Use Element of the General Plan). These factors, and others, will have a significant bearing on the ultimate design and density of the project. Note that these issues are not exhaustive. During the processing of the actual Subdivision application, other issues may arise that could place significant conditions on your project. If you have any questions, please do not hesitate to call me at 530-538-7150, or email at cdurling@buttecounty.net. Sincerely, Carl Durling Associate Planner Cc: Shastan Homes,PO Box 810, Chico, CA 95927 Jay and Linda Halbert, 378 Brookside Drive, Chico, CA 95928 I 2 6 . i A of ill W25►• a ► 4 3 jigs! d r: d d O 5 ` W• Y i I . usi I I I I I I I I •- IL X11 I I I I I I I i � roro•e- � � I I I � 1 Ir. * x ** *I* *xx ** * * xx ** * *I I I yy w *it x * I If IL 1 **** *x * **x *x I ^ ,Cel .6CI .CCI 191 I ( f * x* * ** F * ** * *xx * ** * *xx 1 I I c a I 1* * x *I* * x * x * * xl * * x l 1 I I* x * *t* x * * x *I C7 I I F * * tit Ali � — — — .161 **x**} **** ** x I I *1** * r * x ** * *x * * *1 I I In ^ I I L-------- G I I I I I I G � I II Pel ,C►1 p61' .ICI ..699 a 11 I � I � — .61► III � I Ii I i II N` r O� � \ � �I.4•� � m �, � A aS� � � • Kr 1. + ' r • ' Y+ r � ' C� Durling, Carl From: Kim Seidler[KSEIDLER@ci.chico.ca.us] Sent: Thursday, April 06, 2006 10:05 AM To: Durling, Carl Cc: Ed Palmeri; Teresa Bishow Subject: PRED 06-10, Shastan Homes i Here are comments on PRED 06-10, Shastan Homes, Carl: This property, which is located on the agricultural side of the Greenline and outside of the City's sphere of influence, lies within an area of roughly 550 acres (currently referred to as Area 1) the City of Chico is looking very closely at for future urban development. The City Council, in fact, has directed the initiation of a General Plan amendment, EIR, and sphere of influence amendment for this area. We would anticipate linking the planning for the area, along with the adjustment of the Greenline that would be necessary, with a comprehensive update of the City's General Plan, which is in its initial steps as well. A feasibility study of the potential for urban development of Area 1 has been completed, based on the assumption of a full mix of urban land uses and urban densities. The eventual planned development of Area 1 would, of course, involve the provision of full urban services, including public sewer. This area is also within the Chico Area of Concern pursuant to a memorandum of agreement (MOA) signed by both the County and the City in 2003 . While the agreement pertains most specifically to the North Chico Planning Area (in which this property is not located) , the MOA does emphasize the coordination of planning between the County and the City within the larger Area of Concern, in order "to protect agricultural land and to ensure that its conversion to urban uses, when appropriate, shall be done in a well-planned manner, based on sound planning principles, and to work cooperatively to provide for urban growth within the Chico Area of Concern for a 30-50 year planning horizon. . . " If ultimately created, the one-acre lots proposed would, I believe, forever preclude real urban development of that property, and further, by building in potential future opposition in the form of estate residents concerned about higher densities around them, would in fact make less feasible the eventual urban development of adjacent lands. In addition, the cumulative development of one-acre lots in this area would constrict any natural planned expansion .of Chico in this direction by making extensions of 'services economically less cost-effective (as we have already experienced in the area east of Hwy. 99 and- south of Rock Creek: the City is effectively cut off from expansion to the north) . I note that the zoning of the property is A-5, which I believe calls for five-acre minimum lot sizes. While five-acre lots are far from ideal either in preserving agricultural viability or in transitioning to urban development, at least they are large enough to include some potential for future resubdivision. With one-acre lots, this potential is essentially zero. It is not clear how the proposed one-acre lots would be consistent with the A-5 zoning (or, in fact, with the purpose of the Greenline at present) ; if some other discretionary action is required for clustering to allow them, I hope that this action would not be approved. The City of Chico clearly has substantial concerns about this application, and I very much appreciate the opportunity to comment on it. Please acknowledge, if you would, that you received this message. And if I can provide you with any further information or comments, please don't hesitate to let me know. Kim 1 Page 1 of 1 Durling, Carl From: Bottenfield, Cliff Sent: Wednesday, April 12, 2006 9:33 AM To: Durling, Carl Subject: Predevelopment Meeting Applicant: Shastan Homes PRIED 06-10 APN 42-340-163 and -164 Carl,Application is complete. Conditions will be sent later. Cliff I I i I 4/19/2006 r Butte County Department of Development Services o�OTtFo TIM SNELLINGS, DIRECTOR PETE CALARCO,ASSISTANT DIRECTOR 0 0 7 County Center Drive o 0 Oroville, CA 95965 0 (530) 538-7601 Telephone (530)538-7785 Facsimile c�UNty ADMINISTRATION* BUILDING" PLANNING Memorandum Apri1.19, 2006 To: Interdepartmental Review Committee Subject: Notice of Pre-Development Conference for PRED 06-10, Shastan Homes, Planner: Carl Durling APN: 042-340-163, 164 Location on the west side of Bay Avenue, 3000 feet north of Bell Road, Chico.. Date of IDR: 04/26/2006 Attached please find the Pre-Development Conference notice for PRED 06-10. A hard copy of the application, including maps, was sent to Environmental Health,L_AFCo, 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 04/26/2006. Comments: (Please send your response to cdurling@buttecounty.net.) Parcels are on the Ag: side of the Chico green line, in General Plan designation OFC , Propose parcel sizes are below the A-5 zoning, an existing orchard is on site, adjacent existing agriculture on the west boundary. Agricultural buffers are recuired on the north and west boundaries. Signature: 4Z96ert C. �C>� uyACo mmissior Department: Agriculture Date: April 14,2006 Durling, Carl From: Kim Seidler[KSEIDLER@ci.chico.ca.us] Sent: Thursday, April 06, 2006 10:05 AM To: Durling, Carl Cc: Ed Palmeri; Teresa Bishow Subject: PRED 06-10, Shastan Homes Here are comments on PRED 06-10, Shastan Homes, Carl: This property, which is located on the agricultural side of the Greenline and outside of the City's sphere of influence, lies within an area of roughly 550 acres (currently referred to as Area 1) the City of Chico is looking very closely at for future urban development. The City Council, in fact, has directed the initiation of a General Plan amendment, EIR, and sphere of influence amendment for this area. We would anticipate linking the planning for the area, along with the adjustment of the Greenline that would be necessary, with a comprehensive update of the City's General Plan, which is in its initial steps as well. A feasibility study of the potential for urban development of Area 1 has been completed, based on the assumption of a full mix of urban land uses and urban densities. The eventual planned development of Area 1 would, of course, involve the provision of full urban services, including public sewer. This area is also within the Chico Area of Concern pursuant to a memorandum of agreement (MOA) signed by both the County and the City in 2003 . While the agreement pertains most specifically to the North Chico Planning Area (in which this property is not located) , the MOA does emphasize the coordination of planning between the County and the City within the larger Area of Concern, in order "to protect agricultural land and to ensure that its conversion to urban uses, when appropriate, shall be done in a well-planned manner, based on sound planning principles, and to work cooperatively to provide for urban growth within the Chico Area of Concern for a 30-50 year planning horizon. . . " If ultimately created, the one-acre lots proposed would, I believe, forever preclude real urban development of that property, and further, by building in potential future opposition in the form of estate residents concerned about higher densities around them, would in fact make less feasible the eventual urban development of adjacent lands. In addition, the cumulative development of one-acre lots in this area would constrict any natural planned expansion of Chico in this direction by making extensions of services economically less cost-effective (as we have already experienced in the area east of Hwy. 99 and south of Rock Creek: the City is effectively cut off from expansion to the north) . I note that the zoning of the property is A-5, which I believe calls for five-acre minimum lot sizes. While five-acre lots are far from ideal either in preserving agricultural viability or in transitioning to urban development, at least they are large enough to include some potential for future resubdivision. With one-acre lots, this potential is essentially zero. It is not clear how the proposed- one-acre lots would be consistent with the A-5 zoning (or, in fact, with the purpose of the Greenline at present) ; if some other discretionary action is required for clustering to allow them, I hope that this action would not be approved. The City of Chico clearly has substantial concerns about this application, and I very much appreciate the opportunity to comment on it. Please acknowledge, if you would, that you received this message. And if I can provide you with any further information or comments, please don't hesitate to let me know. Kim 1 Page 1 of 1 Durling, Carl From: Bottenfield, Cliff Sent: Wednesday, April 12, 2006 9:33 AM To: Durling, Carl Subject: Predevelopment Meeting Applicant: Shastan Homes PRIED 06-10 APN 42-340-163 and -164 Carl, Application is complete. Conditions will be sent later. Cliff 4/19/2006 Butte County Department of Development Services SOT TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o 0 Oroville, CA 95965 0 °' =�� o (530) 538-7601 Telephone (530) 538-7785 Facsimile cOUN'�y ADMINISTRATION * BUILDING* PLANNING Memorandum April 19, 2006 To: Interdepartmental Review Committee Subject: Notice of Pre-Development Conference for PRED 06-10, Shastan Homes, Planner: Carl Durling APN: 042-340-163, 164 Location on the west side of Bay Avenue, 3000 feet north of Bell Road, Chico.. Date of IDR: 04/26/2006 Attached please find the Pre-Development Conference notice for PRED 06-10. A hard copy of the application, including maps, was sent to Environmental Health,:LAFCo,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 04/26/2006. Comments: (Please send your response to cdurling@buttecounty.net.) Parcels are on the Ag. side of the Chico green line, in General Plan designation OFC , Propose parcel sizes are below the A-5 zoning, an existing orchard is on site, adjacent existing agriculture on the west boundary. Agricultural buffers are required on the north and west boundaries. Signature: Wp6ert C. 2filf DqutyAA. 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JAY HALBERT i SMASTAN 110E5 PA 1101 MO CHUM CA 95927 LOT 10 I i 12 DEVE OK&JAY NAIBERT a LOT 1 I L6 ACES D12-310-16{ 012-31D-051 SULSTAN MOM PAX 6001 B10 0904 G 95927 . 45 ACHES I S I I - i Ll'THERE ARE NO DMIN0 SEPTIC TANKS OR STRUCTURES 1 C RIMMY ON OB SME AWAQiR PROE*IY SHED I ft THE DMNG ORCHARD SHALL BE 1EMMM 316 ® I to WATER QUAMM TREATIONT WNL BE AOIWVED VIA SUB-SURFACE DETENTION — OR BY 011ER MANS AS APPROVED BY THE DELECIOR OF PUBIC WO06 ` OUS �L I I 1a THE MOM AO 01L STALL BE REMOVED ODEA BUTTE CaWIY PERIET. oft-3{0-T 1.00 LOT � I j ILIA R HOUSE OM2_ 17.G AMMM ALL LATS WILL BE GRADED 10 BUN TOWARDS THE OTTESOR STREETS SEE DETAL(1YP.) . IL STANDARD EROS=CONTROL MEMWES(SWe)ML BE USED N COEUANTE I A I I S71• -SED I 91TN THE COUNTY NOF BUTTE AND THE WATER DUALITY CONTROL BOARD �' 1 110USE MAGE i 4'y 1 Out AND LOT 3 1 rn �� ® 1 b 1.2 AGES ; I D12-310-010 AREAS o ' 306 I I 70TAL AREA 23.0 Ar- 306 ' ' RANHE OF - I"- — —— —— —— 1011 / BER OF PROPOSED LOTS LOT _.. 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PfrER10R STREEF 1.n NNQ TLE PROPERTY 6 CURRENTLY N COUNTY Q AWSdCTON AND IS TONED Al ' 0 - 2-GENERAL FLAN:AMCLLTINAL 5 AC IDL PARCELS 1 f &I"UM-EXMTM-ORCHARD I I I I I IPROPOSED-!RESIDENTIAL I= l I PROJECT S'URVE OR:JAMES STEVENS IS 80.50 LOCA7JON MAP IL SEWAM INDIVIDUAL SEPTIC • w2- I oA2-Sl0-,Iu DAY-310-IJD I OA2-3A0-tH7 i 0{:-310-ns I W2- I I a.WATER:CUNUM WATER SMVM . 7.POIEIt P.0.t E a TI EPHOHC AT&T BAY AVENUE ! - L CRE TV:AT&T BROADBAND 330' MIT - - - 10.STO I DR/WALE 0181E REIENTIGN — I Bar L D 11.ODER: JAY"ALBERT - I 13 1 'b. SHASTAN NOES P.O.BIDE 610 CHIC4 CA 93927 I I LOT 10 b I i 17.DEVELOPER:JAY"ALBERT n LOT 1 I I 1.5 ACRES ot2-310-ts{ 0/2-3111-051 SHASTA"NOYES Pn BO%BID Oil CA 95917 LES ACRES I s I 'I I tl'T1ERE ARE ID ERSTIN0 OPTIC TANG OR SMRIXJ R S 1 I CUUEMLY Of TE SITE AD&%U W FItWOM % SLED I I tt THE COSTING DR01Mp SHALL BE RMWM 181• 3ttf ® I la WATER QUAMM TREATMENT W1lL BE ACDVED VU SUB-SURFACE OEMMON OR BY QUIER PENIS AS APPROVED BY THE DIRECIOA OF PUBLIC WOKS / a `POOL BEL I I to THE DMNG AO VEIL SHALL BE REMOVED UNDER BUTTE COUNTY PERM BOLO T2 I L1LAT 9 "� ® 17.GRA094Q ALL LOTS VAIL BE GRADED TO DRAIN TOMARDS THE 011-310-t g i la I qb I INTERIMsrRfETs SFE CETAL(TTP.) I ll STANDARDEROSION CONTROL MEASURES(BOOP'.) BE USED N COIEIJA CE 17 P ' �STED I 91 19 THE COUNTY"IF BUTTE AND THE WATER QUALITY CONTROL BOND q, ' Our BUILDING LOT LOa LOT 3 j 1�1 ttAarI ® I u ACRES 1 ; I o11-310-Of0 ARE4S . 306' I TOTAL AREA-150 Ar- +/- 3w II CUR 1 - —— — —— — —; NU MMM OF PROPOSED LOTS-� / I LOT 7 _.. 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I11 I I I i See'' tel' tea 14W toe I 1 1 I aea 1 I r n--*•-*-►--* �1.—*,�—*L----------fir IL 'L It * * " IL N 1 * * I Y * *1** • * " *I 1 I F 4 / eP t6r _ --���' 40 9e' 11 Y D x * *"xx x **"***** *" x *""* 1aO — i 1 Qt 1 I x * x * * * • x * "I 1 I n I I ** * * *x * " * *Ix * * * I # ( r Y K IL IL ILIL IL at 1 I I* * x * * x * * * I I kx *" 'L * * *" * x * � *" * x x 1 I I Y I 11" x * x *Ix * *I 1 I 1 3bo" "* * * I I r IL IL IL * * * Q "t I I " * * x* * * * x * x * s 1 ter 13W IM toe I I "** "* x " *** "* x * "I* *" x " * " x " * " * 1 I I ��!1 K * * ** x * * * "* x * x * "x D �{s/J u � L- - - W FNN# * * x x * * * 1 x * * * I e Ik a Irl I 11 *" * " I Ix***"x**"" *x*"x "**" *�*x*" "1 I I l k go e -e.QQ eea 14 i o p x , ' � ' ���0 � P � p N r M N P P P � P P ► M N > FFFIJJJ @ r 2 in js gi � •[ ail � 1 �' � � � � �7T�Q 991q( hl 1 6 q �1 ti 9 7 NI o ligi !•' � � J s r . v t h _.. r '�. .. ; ti� � � � ,�J � �. .k� ..' _ � ' � F A Durling, Carl From: Kim Seidler[KSEIDLER@ci.chico.ca.us] Sent: Thursday,April 06, 2006 10:05 AM To: Durling, Carl Cc: Ed Palmeri; Teresa Bishow Subject: PRED 06-10, Shastan Homes Here are comments on PRED 06-10, Shastan Homes, Carl: This property, which is located on the agricultural side of the Greenline and outside of the City's sphere, of influence, lies within an area of roughly 550 acres (currently referred to as Area 1) the City of Chico is looking very closely at for future urban development. The City Council, in fact, has directed the initiation of a General Plan amendment, EIR, and sphere of influence amendment for this area. We would anticipate linking the planning for the area, along with the adjustment of the Greenline that would be necessary, with a comprehensive update of the City's General Plan, which is in its initial steps as well. A feasibility study of the potential for urban development of Area 1 has been completed, based on the assumption of a full mix of urban land uses and urban densities. The eventual planned development of Area 1 would, of course, involve the provision of full urban services, including public sewer. This area is also within the Chico Area of Concern pursuant to a memorandum of agreement (MOA) signed by both the County and the City in 2003 . While the agreement pertains most specifically to the North Chico Planning Area (in which this property is not located) , the MOA does emphasize the,coordination of planning between the County and the City within the larger Area of Concern, in order "to protect agricultural land and to ensure that its conversion to urban uses, when appropriate, shall be done in a well-planned manner, based on sound planning principles, and to work cooperatively to provide for urban growth within the Chico Area of Concern for a 30-50 year planning horizon. . . " If ultimately created, the one-acre lots proposed would, I believe, forever preclude real urban development of that property, and further, by building in potential future opposition in the form of estate residents concerned about higher densities around them, would in fact make less feasible the eventual urban development of adjacent lands. In addition, the cumulative development of one-acre lots in this area would constrict any natural planned expansion of Chico in this direction by making extensions of services economically less cost-effective (as we have already experienced in the area east of Hwy. 99 and south of Rock Creek: the City is effectively cut off from expansion to the north) . I note that the zoning of the property is A-5, which I believe calls for five-acre minimum lot sizes. While five-acre lots are far from ideal either in preserving agricultural viability or in transitioning to urban development, at least they are large enough to include some potential for future resubdivision. with one-acre lots, this potential is essentially zero. It is not clear how the proposed one-acre lots would be consistent with the A-5 zoning (or, in fact, with the purpose of the Greenline at present) ; if some other discretionary action is required for clustering to allow them, I hope that this action would not be approved. The City of Chico clearly has substantial concerns about this application, and I very much appreciate the opportunity to comment on it. Please acknowledge, if you would, that you received this message. And if I can provide you with any further information or comments, please don't hesitate to let me know. Kim 1 Page 1 of 1 Durling, Carl From: Bottenfield, Cliff Sent: Wednesday, April 12, 2006 9:33 AM . To: Durling, Carl Subject: Predevelopment Meeting Applicant: Shastan Homes PRIED 06-10 APN 42-340-163 and -164 Carl, Application is complete. Conditions will be sent later. Cliff 4/19/2006 Butte County Department of Development Services o�QT TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR . 0 0 7 County Center Drive o 0 Oroville, CA 95965 0 (530)538-7601 Telephone �+ •� (530) 538-7785 Facsimile �UNt ADMINISTRATION * BUILDING* PLANNING Memorandum I April 19, 2006 To: Interdepartmental Review Committee Subject: Notice of Pre-Development Conference for PRED 06-10, Shastan Homes, Planner: Carl Durling APN: 042-340-163, 164 Location on the west side of Bay Avenue, 3000 feet north of Bell Road, Chico.. Date of 1DR: 04/26/2006 Attached please find the Pre-Development Conference notice for PRED 06-10. A hard copy of the application, including maps, was sent to Environmental Health,LAFCo,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 04/26/2006. Comments: (Please send your response to cdurling@buttecounty.net.) Parcels are on the Ag. side of the Chico green line, in General Plan designation OFC , Propose parcel sizes are below the A-5 zoning, an existing orchard is on site, adjacent existing agriculture on the west boundary. Agricultural buffers are required on the north and west boundaries. Signature: 4?,p6ert C. ,ZK Peput ►SAA. Commissioner Department: Agriculture Date: April 14, 2006 BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE SUBDIVISION MAP APPLICANT: Shastan Homes, DATE RECEIVED: 2006-03-23 00:00:00 AGENT: North Star Engineering APN: 042-340-163, 164 PLANNER: Carl Durling FILE#: PRED 06-10 PROJECT DESCRIPTION: predevelopment meeting regarding subdividing 25 acres on the west side of the greenline in 10 parcels ranging from 1.0 acre to 8.9 acres. 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. Place the following note on the Final Map: "gRproved 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, Deed to Butte County in fee simple 30 feet of right-of-way from the centerline of Bay Avenue and Jones Avenue along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. ❑ 5. Prior to or concurrently with the recordation of the Final Map,relinquish abutter's rights of access to Butte County along the I frontage of parcels [except at approved access points. ® 6. Prior to recordation of the Final Map, provide street name signs per requirements of the Department of Public Works. Street names shall be reviewed by the County Address Coordinator and one name for each new street shall be recommended to the Board of Supervisors for approval prior to recordation of the Final Map. A minimum of five alternate names for each new street shall be submitted. ® 7. Prior to final road inspection, install all necessary traffic safety signs including stop signs. For all non-publicly maintained access roads, a note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Final Map stating: "No public entity shall be responsible for the maintenance of the traffic safety signs including stop signs. In accordance with Civil Code Section 845,maintenance of the traffic safety signs shall be shared by those properties with a legal interest in them." ❑ 8. Prior to recordation of the Final Map, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County.Improvement Standards and the terms of the encroachment permit. ❑ 9. Prior to the recordation of the Final Map,obtain an encroachment permit and construct a standard S- 181 road approach in accordance with County Improvement Standards. Adequate sight distance at the intersection of access road and I shall be provided. Right-of-way required for construction of road approach and roadside drainage shall be provided. ® 10. Provide a cul-de-sac designed and constructed as specified in the County Improvement Standards. The Final Map shall show the cul-de-sac. ❑ 11. Prior to the recordation of the Final map, construct, or provide a performance bond and labor and material bond for the construction of, a 1/2+12' / full street section on I to an RS-1 geometric standard. Minimum structural section to be I"AC,and I"AB,prime coat,fog seal and 95 %relative compaction. Submit design to Land Development Division for approval prior to construction. "R" value determination and other data may be required to support the section design ® 12. Prior to the recordation of the Final map, construct, or provide a performance bond and labor and material bond for the construction of, a ''/z+ 12' street section on Bay Avenue to an RS-313 road standard with vertical curb,gutter, and sidewalk and 2"AC, and 8"AB,prime coat, fog seal and 95 % relative compaction. Construct a full street section on interior road to an RS-3B road standard with 2"AC, and 8"AB, prime coat, fog seal and 95 %relative compaction. Submit design to Land Development Division for approval prior to construction. "R" value determination and other data may be required to support the section design. ❑ 13. Prior to recordation of the Parcel Map, provide approved access to each parcel from a County maintained road or from a state highway. Improve parcel I frontage to RS-1 LD-1 and access road to parcel being divided to RS-1 LD-1 . (If the parcels being created are 5 acres or less in gross area, submit road and drainage plans to the Department of Public Works for plan checking and approval prior to construction). ❑ 14. Prior to recordation of the Parcel Map, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on I to I County Improvement Standards. Improve parcel I frontage to a '/z+ 12' /full street section on I to an RS J road standard including, but not limited to curb, gutter and sidewalk for parcels with gross acreage of one acre or less. Construct, or provide a performance bond and labor and material bond for the construction prior to recordation of the Parcel Map. ® 15. Show on the additional map sheet of the Final Map a 50 ft. building setback from the edge of the ultimate right-of-way of Bay Avenue and interior access road based on Butte County Code Section 24-75(d). ® 16. Street lighting shall be provided in accordance with Butte County requirements,accepted design criteria,and recommendations of Pacific Gas&Electric Company. Where the County has determined that it is not detrimental to health and safety,the developer may choose to only install electrical outlets for streetlights. If streetlights are to be installed,the annual energy costs shall be funded through a County Service Area(CSA)or other entity as approved by the Public Works Director. The developer must complete the formation of the CSA or other approved entity prior to recordation of the Final Map. The formation of a CSA or other approved entity will require the developer to fund the service until the beginning of the first fiscal year in which service charges can be collected and to agree to an annual maximum service charge to ensure continued operation of the facilities. ® 17. Provide traffic circulation per Butte County Code 20-133. 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. If storm drainage facilities serve new public roads, the developer must complete the formation of a County Service Area(CSA)or other Department of Public Works approved entity prior to recordation of the Final Map. The CSA formation process will require the Developer to fund the service until the beginning of the first fiscal year in which service charges can be collected for the CSA, and agree to an annual maximum service charge to ensure continued operation of the facilities. ® 2. Prior to final improvement inspection by the Department of Public Works, all new drain inlets shall be labeled with the county approved drain marker per County Standard S-40. Improvement plans i shall show and/or note the requirements for labeling inlets pursuant to Butte County Standard S-40. ❑ 3. Prior to recordation of the Final Map, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-25. Show on the additional map sheet the elevations(by contours)and the location of an accepted NGVD29(National Geodetic Vertical Datum of 1929)benchmark and a temporary benchmark on-site. ❑ 4. Prior to, or concurrently with the recordation of the Final Map, pay the applicable drainage fees in effect at the time of recordation of the Final Map for the I drainage area. (The current fee is now $ /acre.) ® 5. Prior to grading, a Construction Storm Water Permit will be required by the State Water Resources Control Board if the project results in a disturbance (including clearing, excavation, filling, and grading)of one or more acres. The Permit must be obtained from the State Water Resources Control Board prior to construction. If a Construction Storm Water Permit is required, place a note on an additional map sheet that states: "The development of this Final Map required a construction storm water permit. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. Development of individual lots may require an additional permit(s)." C. FINAL MAP ® 1. Show all easements of record on the Final Map. ® 2. Prior to or concurrently with the recordation of the Final Map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7,of the California Government Code commencing with Section 66492. ® 3. Pay the recording fees in effect at the time the Final Map and related documents are recorded. ❑ 4. Prior to or concurrently with the recordation of the Final Map, pay all applicable assessments established by affected assessment districts, in full. ❑ 5. Prior to the recordation of the Parcel Map, prove to the satisfaction of the Director of Public Works that the parcel to be divided is a legal parcel. ❑ 6. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Final Map regarding�. I BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE SUBDIVISION MAP APPLICANT: Shastan Homes, DATE RECEIVED: 2006-03-23 00:00:00 AGENT: North Star Engineering APN: 042-340-163, 164 PLANNER: Carl Durling FILE#: PRED 06-10 PROJECT DESCRIPTION: predevelopment meeting regarding subdividing 25 acres on the west side of the greenline in 10 parcels ranging from 1.0 acre to 8.9 acres. 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 buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. X 2. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is_800_feet, hydrant size_6 inches, and residual fire flow of _1,000 GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. ❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. X 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. ❑ 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Butte County Department of Development Services �QTrF TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o 0 Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION BUILDING* PLANNING April 4, 2006 Shastan Homes 1495 Saratoga Drive Chico, CA 95973 Dear Shastan Homes: RE: Pre-application Review,APN: 042-340-163 & 164, Shastan Homes, Proposed Tentative Subdivision Map (PRED 06-10) This letter is to inform you that a pre-application conference has been scheduled for April 26, 2006 at 1:00 p.m. in the Department of Development Services Conference Room A, at 7 County Center Drive, Oroville. Your attendance at this meeting is requested. Should you have any questions or need any additional information, please feel free to call me at (530)538-7150, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. Sincerely, ee-7 9�k � Carl Durling Associate Planner cc: Jay Halbert, 378 Brookside Dr., Chico, CA John Hanley,NorthStar Engineering, 111 Mission Ranch Blvd.,Chico, CA 95926 Butte County Department of Development QT Services 00 00 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 7 County Center Drive o -` � _" o Oroville, CA 95965 cOUN'��l (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION * BUILDING* PLANNING April 4, 2006 REVISED DATE TO: FROM: Carl Durling, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Shastan Homes, Predevelopment Conference PRED 06-10 APN: 042-340-163, 164 DATE OF Inter-Departmental Review: April 26, 2006 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: April 24, 2006 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: Mayl1, 2006 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 April 19, 2006, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: predevelopment meeting regarding subdividing 25 acres on the west side of the greenline in 10 parcels ranging from 1.0 acre to 8.9 acres.. PROJECT LOCATION: on the west side of Bay Avenue, 3000 feet north of Bell Road, Chico.. COUNTY SUPERVISOR DISTRICT NO.: 2 ZONING: A-5((Agricultural, 5-acre parcels)) GENERAL PLAN: OFC(Orchard &Field Crops) If a response cannot be submitted prior to the due dates listed above, please call Carl Durling at (530) 538-7150 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 Carl Durling by April 24, 2006) Yes (Conditions/mitigation measures due by May 11, 2006) DocumenQ Ilk R-2 P-Q RT-1 <,�rti� Pul Shastan Homes '� y FRED 06-10 042-340-163&164 s • I Butte County Department of Development e�TtF Services °° TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 7 County Center Drive o Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION * BUILDINGPLANNING April 4, 2006 TO: FROM: Carl Durling,Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Shastan Homes, Predevelopment Conference PRED 06-10 APN: 042-340-163, 164 DATE OF Inter-Departmental Review: April", 2006 IDR RESPONSE REGARDING I COMPLETENESS OF APPLICATION DUE BY: April 2006 AGENCY/DEPARTMENT ,i CONDITIONS/MITIGATION MEASURES DUE BY: Mayk, 2006 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 April 19, 2006, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: predevelopment meeting regarding subdividing 25 acres on the west side of the greenline in 10 parcels ranging from 1.0 acre to 8.9 acres.. PROJECT LOCATION: on the west side of Bay Avenue, 3000 feet north of Bell Road, Chico.. COUNTY SUPERVISOR DISTRICT NO.: 2 ZONING: A-5((Agricultural, 5-acre parcels)) GENERAL PLAN: OFC(Orchard & Field Crops) If a response cannot be submitted prior to the due dates listed above, please call Carl Durling at (530) 538-7150 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. TDR COMMITTEE-APPLICATION COMPLETE: No (Please send response to Carl Durling by April , 2006) Yes (Conditions/mitigation measures due by May , 2006) DocumenQ Butte County Department of Development Services �vTrF TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o 0 Oroville CA 95965 ° 00 (530) 538-7601 Telephone (530) 538-7785 Facsimile c�UNty www.buftecounty.net/dds ADMINISTRATION * BUILDING* PLANNING April 4,2006 Local Agencies and Departments: RE: Pre-application Review,APN: 042-340-163 & 164, Shastan Homes, Proposed Tentative Subdivision Map (PRIED 06-10) The Butte County Department of Development Service, Planning Division has received a request for a pre-application conference regarding the above referenzed parcels. The property is currently zoned A-5 (Agricultural 5-acre parcels), with a General Plan designation of OFC (Orchard and Field Crops). A project description and map is enclosed The purpose of the meeting is to inform the applicant of local or state requirements that may apply to their project. This allows the applicant to incorporate those requirements into the design of the project when the actual application is made. The applicant will be present to answer questions and receive comment. The pre-application conference will be held in the Department of Development Services Conference Room A, located at 7 County Center Drive, Oroville, on April 26, 2006 at 1:00 pm. If your department has concerns or comments regarding the proposal, please have someone attend or submit written comments to this department prior to the:meeting date. Comments may be sent to the above address or faxed to (530)538-7785 attention Carl Durling, prior to the meeting date. Should you have any questions please contact me at(530)538-7150. Thank you for your cooperation in this matter. Sincerely, 4`0" Carl Durling Associate Planner Enclosures cc: IDR Committee L, A-C/T5 "DRAFT"LEAD IN SHEET FILE NO: We AP# O Lf 2- APPLICANT: 590 OWNER: REPRESENTATIVE: fll0(1-( sle `� /1 5 PROPOSED REQUEST: (to be filled out by person taking in application) fiOt�� '�o Ste ./til 4�r- z5-- A, a,/ 7 v�sr'azo �rD� 1•D �ci�. � �;9' �G fes. FINAL REQUEST: (to be filled out by project planner) SIZE: LOCATION: 'VN Titer w Fir- s G -::,F Agate A7UF-"G,F , 300o 4-r SUPERVISORIAL DISTRICT # 2 EXISTING ZONING: GENERAL PLAN DESIGNATION: 010e tY7f/-2/)5 Gip CSO U�C ASSIGNED PLANNER: ' Iyi PLANNER'S INITIALS Date Application Received x 2 Date Pro'ect Assigned MI!f,60m v), IDR Date ��« lete• • Tentative Hearing Date KAPlanning\Forms\Lead In Sheet.doc COMMENT DISTRIBUTION LIST APPLICANT: 'L 66�t PLANNING PROJECT DESCRIPTION: PAQ,— P.U. T FILE NO.: T ' DATE: 441 D AP NO: Orta- County Offices and Cities: Planning Division X Assessor's Office-Mapping BCAG X Environmental Health City of Biggs ALUC — Building Manager OL City of Chico APCD X LAFCa City of Gridley off, Butte Co. Farm Bureau X Agricultural Commission T City of Oroville _ Chico Airport Commission X Public Works/Land De Town of Paradise Chief Administrative Officer Fire Protection: X California Department of Forestry _ EI Medio Fire Protection District Domestic Water: S.F.W & P. Agency (OWID) _ Butte Water District _ Del Oro Water Co. California Water Service Co. _ Thermalito Irrigation District _ Other Utilities: _ PG&E North - Chico _ Pacific Bell _ Chambers Cable TV PG&E South - Oroville Viacom Cable TV Irrigation District: Biggs/ West Gridley Water _ Durham Irrigation Cist. _ Paradise Irrigation Dist. Richvale Irrigation Dist. _ Table Mountain Irrigation Dist. Sewer: L.O.A.P.U.D. _ Sterling City Sewer Main_ Skansen Subdivision (CSA 21) Drainage Districts: Sacramento &San Joaquin Drainage Dist. _ Reclamation District No. 833 Drainage District 200 _ Reclamation District No. 2054 Reclamation District No. 2056 State Agencies: CalTrans _ Dept. of Water Resources _ Dept. of Fish and Game Federal Agencies: U.S. Forest Service _ U.S. Bureau of Land Management Other Districts, Agencies, Committees, etc.: K:\Planning\FORMS\APPLICATIONS\Lead-in Sheet Distribution List.doc s 9 PC ! 01 bi i 1H I I I I I I I I I I , --- � ' - --_� -1---�-- elm 60 --- I I I I I I I i I W Q II LI 1 —,I I -------- I A 1 , � III I I II I I SII I l PTN. SEC. 17, R.22N. R. 1 E. 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I �� 4 463.60 I 520.44 '1------ I 2 I I I I I 12 ' 3 33 i --------'-------------I ytib 116 I ' S.02Ac 118 I f I 84Y TRACT SUB. 12 �y 5.05A¢ I 141 a I 7 II O163 --------I II 48 73711 574.64 c5 621.59 ------- ----{IIIIL------lII�•rl�'"j- C BUTTE13 120.00Acf42COUNTY 102PM843 5.05Ac 4.75Ac I i 1 i i ii I ------g2PZ- --------- -- - ---=-=--- --------------------- --- -----+---------- ------���-----� -___�----------+------i L..--_---L-----i s•Ia J ZJ `. �4Q09 ------- 690Oir------- 22800'- y --- T1 '1 s ------ ------------- _ ' LOPAI '+7 BAY TRACT SUB. 12 `• , I I I I I I 9 i 10 i 11 i 12 i 13 --------------------- --------- ---------L7 14 I _________I _____I I 1 I I . ----- 114 ----------------------------- ----� ---------- I . I r I 1_ 72.08Ac k ------------------- I of Butte County Assessor's Map Book 42, Page 34 NOTE: These parcels are for assessment purposes only and may not constitute legal parcels. CREATED BY 08 CREATED ON 10-8-1999 REVISED BY OB REVISED ON 10-8-1999 EFFECTIVE 00-01 ROLL BAY TRACT 12, 1 M.O.R. 18, 11-24-1895 BAY TRACT 11, 1 M.O.R. 42, 2-4-1895 Compiled gy The Butte County Assessor's Office s a a I 6Y I TO.ECT� 125 vt 5 7b' 25 NY 10' 10' S 25 .7S 5 i I SROEWAu1 PARKWAr PATHWAY ' SCALE: 1'= 100' zz MIN. yL u MIL 2z MAX '• YAX 5x MAX 2S sz yA7( sx uA7L i aim sm.s-t uoaETED ~- s m connSIDEWALK(TYP) i ol sDEWAuc(TIP) CITY OF aUCO STD.S-2 VER COUHIY pi BUTTE 510.S-2 NEAT. BELL ROAD calm.cu1TEN Arra smE71lAtMG TYPICAL SECTIOANMCOUNTY STD.RS-9 III alRe.wrTER AND SIDE Lp" ' NO7FS ` ) M18 1.ZONING: THE TPROPERTY a CURRENTLY IN COUNTY . y fit_ b�EEf JURISDICTION AND IS ZONED A-S. �( I 2 GENERAL PIAN: AGRICULTURAL 5 AC MIN.PARCl1S 1 I"USE:EXISTING-ORpU(m PROPOSED-RESIOOITUIL LOTS l PROJECT SURVEYOR:JAMES STEVENS Is 6050 IOCA AON MAPI I I S SEWAGE. INDIVIDUAL.50-M5Ys1ors N.T.S. OtZ_ I Ou-310-183 II o -310- 4 13o I OA2-3�0-1H7 I Ott-3�0-176 Mz- M2- L.WATER:CAUFOR10A WATER SEANCE I it 7.P'OrWJ!PJL&E _ &7EIFPIId1E: AT&T BROADBAND AT&T— — 0.CABLE T Y. — — —— — T BAY AVENUE 37D• 370• — — — — — — 10.SHIRM ORANALEc ONSITE RETENTION BO11.Oman: JAY HALBERT — — — SfASTAN HOMES P.O.BOOL 610 CHICO.CA ON27 12 OEVELAPERI JAY HALBERT I I LOT 10 u - SHASTAR HONES PAL Box mo a00oL GA ISM s LOT 1 I 1.5 ACRES Ott-31G-i8t I Ott-310-051 I I&THERE ARE No EXISTING SEPTIC TANn at STRUCTURES AOS I g 1 Ek I j CURMDMY ON THE STE `s® I tt THE OOSINO ORaLMD SHALL BE ROED. DV AD#"PROPERTY TBG' I 315 I— I 10.WATER QUANTITY TREATMENT IIL.BE ACHIEVED VIA SUB-SURFACE OETINTION I OR BY OTHER MEANS As APPROVEDY THE DIRECTOR OF PUBLIC Wa6LS B EXISTING`POOL WELLI i 10.THE EXISTING AG WELL SHALL BE REMOVED UNDER BUTTE COUNTY PERMIT. LOT RS 1 ' LOT E R HOUSE GE 1JXI A 17.GRAMM ALL LOTS WILL BE GRADED TO GRAIN TOWARDS THE I I t.1 ACREI W2- INTERIOR STREETS SE DETAIL(TYP.) 012-310-14z I i�r I .y tS STANDARD EROSION CONTROL MEASURES(BMP`.)'ALL BE USED IN COMPLIANCE I 171' SHED I MRN THE COUNTY NOF BUTTE AND THE WATER QUALITY COMTROI BOARD HOUSE.GARAGE AND Pb LAT 8 our BNaeIMo 1® 1 1 1.1 AD=LOT s 1 lr 1 I otz-3to-oto AREAS o u ACRE 1 1 TOTAL AREA 20.0 AC.+/- 1 3W1 g l NUMBER OF PROPOSED IONS 7 LOT 7 RANGE OF LD15-1.1 Ac+/- _ \ 1.7 ACRFB .70-8.0.AC.+J- LOT 4 , \ m AVERAGE LOT SIZE-2.5 AC.+/-) .awc�r I.1 AGES I 1 I wz•- n \ I ® PROPOSED DENSITY-0.4 UNITS/ACRE soar iol ') . - 2.5 ACRES/uEQT zsr . TYP/CAL LOT&TAD/NG — — — —— — — —,o, o, I . Nr5 'e ® aln ------- -----------------------------� i i I I I 150 ® ALUSTJ?/NG N07E I LOT $ ACJS I ��ANO�1 PROPOSED ARAaU � T PER��TY � S6 6.DTAPPLICANT 5R ASOPEN � NOF THE PROPERTY Aro DEVELOPMEUNDER NT TO THE ' — COUNTY.N RETURN IIIE APPLICANT MAY REQUEST AN INCREASED DENSITY BY A FACTOR OF 2 THUS 7W5 PROJECT IS LEND I Ott-3t0 18J I REQUESTING MODIFICATION FROM A DENSITY OF ONE UNIT PER S ACRES 70 ONE WIT PER 25 AGES RESTL7NG IN AN BOUNDARY LEE: OtZ-310•-1+1 I O I APPUCATLCY FOR 10 RESIDENTIAL DOTS ON 25 ACRES . I E7wmG LOT LIKES 1 i EASEMENT UNE LOT 5 PROPOSED LOT NUMBERVIELL TO BE REMOVED ® WF]L SFRNf7:POLES; Ix ***x** ***x x x * **x * ** 'Lx** ** * *x** x * *******x * x*x****x * ** ***** * I o IQ' IVEDBE REMO : o I* * * * * * **. * * * * ** ** * N* * * * * * * * * * ** * * * ** * * * x *I o ; * * x * * * x * * APPUCANT PROS DEVELOPMENT .M M o G BE T RANTED TO E x xx ** *rtx * * * * x * * * * x* x ** 018-0Y2-053 ASSESSOfm PAROL NUMBER **** ***x ** x* ***x ** **# **x * *** **x ***x***** * ***x**I r * * x * * x * * * x * * * x * * * * x * * * x * * * x * r IL HES7DIG 7ENTAAY£SUMMON YAP PL. * **** ********x* *x* *******x* *x**** *xx *******�x* Y*******x* x**x****xx* **x*`,' ® 8�/�48TAN f SUBA�AV81RrE REIN0LOT dAND APORTION OFLOT 9OF7FEWW x x * x x * * x * x x * * x * * x x * * x VARVES vAR1ES L*•�*---*-`--.-`--�`---�----*--�-- '�-�-- --„--•---�-�--�'L--� I aJIDRVBONOF7FEBAY 71iAG7',BOOKI0FMAN ATPAW 4Z. SZ Max ------------------------- ----- ------ --- ------ I AND BEING LOT 5ARDAPORI IONCFLrOTOOFIM138MM �NAS7Di.S-1 1)MODG1m — — se5 ,ZONES AVENUE T — — — —I— — — �OWTION iQE 1nMYl��?Z NORM{RANT 1 F�B�a TY sm s-z -=------------------=---------------------------------- ------- 1----------- GIOlIff OIAAIORN�MN. . VF]trlCAl a6m Ac oNRLAY As otz-slo-na I' ® I ObE/ITS pp(Nry VVIDE # CALFICIRM NEW CONSTRUCTION RECTION:COUNTY STD RS-2 B(MODIFIED) I ; a+EauR►rra� BAY AVENUE wTe . 111 Mfmion Ranh Bird SuRe 100 (alba Cauaadd9sm Cvll GEglrWUL&uveyps Phone:(58D)8931600 f0c(M0)M2119 C kx6 CoMbmlQ Web SHwwwwnorQalaerl = BEET 1 OF 1 AP/042-310-10.7&164 /6513