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PROJECT SUMMARY SHEET
FILE NO.: PRED07-0003, PREDEVELOPMENT REVIE APN: 040-520-100
ZONING: U(Unclassified) GNL PLN: GOL
APPLICANT: Tuscan Ridge Association,LLC PHONE: 5308950586
ADDRESS: P.O. Box 6414 FAX: 5308725854
Chico, CA 95927 EMAIL:
OWNER: WEST, E.M. ETAL PHONE:
ADDRESS: 6774 WOODLAND DR FAX: [Owner Fax]
PARADISE, CA 95969 EMAIL:
REPRESENTATIVE: <undefined value> PHONE: <undefined value>
ADDRESS: <undefined value> FAX: <undefined value>
<undefined value>, <undefined value> <undefined value> EMAIL:
PROJECT DESCRIPTION: A pre-development review a proposed residential subdivision. The proposal includes 110
single-family lots and 50-multi-family units adjacent to the Tuscan Ridge Goif Course. The project site is comprised of
two APN 040-520-100 and 040-520-103 totaling approximately 163 acres. The residential development will be located
on approximately 27 of the 163 acres. The project proposes to be developed in phases and include a community
wastewater treatment and disposal system, an onsite detention facility and a community water system.
The project site is located on the southeast and southwest corners of intersection of Skyway and Santa Rosa Road,
approximately 4.3 miles east of Chico.
LOCATED: 0 SKYWAY TOWN/AREA: CHICO
1. Application accepted: 3/22/2007 Amount: $ Receipt No:
2. Assigned to: Mark Michelena
3. Comments sent to: Public Works Director,Environmental Health,Assessor,LAFCo,Agricultural Commission,CDF,
Building Manager
4. Date to Inter-Departmental Review Committee(IDR): _3/29/07_
5. Date Status Letter sent to applicant:
6. Date scheduled for IDR: 4/11/07
7. Comments received from:
8. Rezone Petition Signatures Checked:
9. Mailing List/Lead-in Sheet:
10. Environmental Determination:
Clearinghouse circulation required: Yes No Date Sent to SCH:
State Clearinghouse No. Categorical Exemption-CEQA#
Negative Declaration
Mitigation Negative Declaration
Subject to Fish&Game: Environmental Impact Report
De Minimis: Gen. Rule Ex.—CEQA#
Other
11. Staff Recommends: Approval Denial
12. Notices Mailed:Neg Dec Hearing Number of Notices:
13. Newspaper Publication Date: Neg Dec Hearing O C P G B
14. Planning Commission Hearing(s):
Action taken:
15. Board of Supervisors' Hearing(s):
Action taken:
Board Resolution No.: Ordinance No: Adopted:
16. Remanded to Planning Commission:
17. Type approval/denial letter, send to applicant:
18. N.O.E./N.O.D./APPENDIX G: Fish&Game Fees Paid: Yes No
19. Take file to Public Works:
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Butte County Department of Development Services UTT
TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o Fo
7 County Center Drive ° o
Oroville,CA 95965 ° - °
0 0
(530)538-7601 Telephone ° a..=:�:• o
(530)538-7785 Facsimile C y
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IN
APPLICANT'S_NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER:
us
ADDRESS: STREET,CITY,STATE,&ZIP CODE. TELEPHONE:736—187 Z G-S 5-r_�
,?o . eOY-' coo �1 -24 �- �s8�
E-MAIL: FAX:
OWNER'S NAME: TELEPHONE:
W0g9
ADDRESS: STREET,CITY,STATE,&ZIP CODE:
V71 4 UW0e� De-(VE L s E-� C,Scl
ae
NAME OF PROPOSED PROJECT(if any) SITE SIZE(in square feet or acres)
LOCATION OF PROJECT(major cross streets and address,if any)
SK i �N c-"--C-e7 ,
ZOJqE GENERALPLAN EXISTING LAND USE PROPOSED LAND USE
EXISTING STRUCTURES(square feet) PROPOSED STRUCTURES(square feet) UNDER WILLIAMSON ACT CONTRACT
tAft "� � � � S ,5
Yes
No
(Check ne) (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
❑ADMINISTRATIVE PERMIT ❑TENTATIVE SUBDIVISION MAP
❑LEGAL LOT DETERMINATION ❑TENTATIVE PARCEL MAP
❑USE.PERMIT ❑WAIVER OF PARCEL MAP
❑MINOR USE PERMIT )$UTTE ❑CERTIFICATE OF CORRECTION
F1 COMMUNICATIONS FACILITY UP/MUP ' COUNTY ' - ❑REZONE
❑VARIANCE El
PLAN AMENDMENT
❑MINOR VARIANCE MAR Z X007 ❑MINING AND RECLAMATION PLAN
❑LOT LINE ADJUSTMENT DEVEL0,PAIENT ❑DEVELOPMENT AGREEMENT
❑CERTIFICATE OF MERGER SERVICES
OTHER
FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size
of parcels.)
' F
I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY.
FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF TI-B ABOVE INFORMATION IS TRUE AND
ACCURATE. (If an agent is to be authorized,execute an affidavit of authorization and include the affidavit with this application.)
DATE: 3- j 7 SIGNATURE:
710TTZ
COUN71Y
3N7
Butte County Department of Development Servicesu
°� T TF°
TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR
0 0
7 County Center Drive ° °
Oroville,CA 95965 0 o
(530)538-7601 Telephone �+ •�
(530)538-7785 Facsimile
PRE-DEVELOPMENT CONFERENCE
INFORMATIONAL SHEET
Applicant Name: Project Number:
The Pre-Development Conference is a chance to meet with county staffprior to formally submitting
a development application. After receiving a complete application packet, the Department of
Development Services will schedule a pre-development, inter-departmental review meeting that
includes the applicant and/or applicant's representative and representatives from the Development
Services Department, Environmental Health Division, Public Works Department, County Fire
Department,and any other agency with applicable interest in the proposed development site. The
purpose of the meeting is to inform the applicant of local,state and/or federal requirements that may
apply to their project. This allows the applicant an advanced Dpportunity to incorporate those
requirements into the design of the project.
Any direction given shall be preliminary and is subject to further refinement or change as the
application progresses through the formal application process. Following the meeting, the
Department of Development Services shall send a letter to the applicant summarizing what was
discussed, including any additional filing requirements for the formal application.
Please submit the following in preparation for the conference:
• A completed, signed Project Information Form.
• A detailed Project Setting Description(instructions attached).
• Twenty(20)copies of a conceptual site plan.
• Payment of the currently required fee may be made by check payable to"Butte County
Treasurer". The Public Fee Schedule is available under"Fees"at:
http://www.buttecounty.net/dds/Planningl.
Detailed information submitted at this stage will help the Department of Development Services staff
better evaluate your project.
The Pre-Development Conference is held in the Development Services Department Conference
Room A, located at 7 County Center Drive, Oroville and will be scheduled upon receipt of your
complete application packet. If you have any questions, please contact the Planning Division at
(530)538-7601.
K:1P1anning\F0RMS\APPLICA710NS1 PreDevelopmentConference.doe
l 1"
"DRAFT"LEAD IN SHEET
PROJECT NUMBER: f gwo-0D43 AP#(s): Oqo-5d' -!Do d to 3
APPLICANT:
O'WNER(S): --
REPRESENTATIVE:
PROPOSED REQUEST: (by counter planner) _
FINAL REQUEST: (by project planner)
LOCATION: (by counter planner) —1Gt/�=r f"
FINAL LOCATION: (by project planner)
EXISTING ZONING: GENERAL PLAN DESIGNATION: rraL-
SIZE: l o fi Af, SUPERVISORIAL DISTRICT#: -f �
DATE RECEIVED: l L) U COUNTER PLANNER'S INITIALS:
ASSIGNED PLANNER: '/-Y?.
Date Pro'ect Assigned: 03 - Z
IDR Date: ` �10
30 Day Complete:
Tentative Hearing Date: �"
ra-
p COMMENT DISTRIBUTION LIST
Project Number: I �D 7–OI3
County Offices and Cities:
Planning Division: X Assessor's Office-Mapping — BCAG
X Environmental Health City of Biggs _ ALUC
— Building Manager _2!C City of Chico APCD
X LAFCo _ City of Gridley _ Butte Co.Farm Bureau
X Agricultural Commission _ City of Oroville — Chico Airport Commission
X Public Works/Land Dev Town of Paradise _ Chief Administrative Officer
X County Counsel
Fire Protection:
X California Department of Forestry El 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 Dist. _ Paradise Irrigation Dist.
R.ichvale Irrigation Dist, _ Table Mountain Irrigation D:-St _
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.:
aucjJ y bub ) gJ
BUTTE COUNTY
STANDARD CONDITIONS FOR
TENTATIVE SUBDIVISION MAP
APPLICANT: Tuscan Ridge Association, LLC DATE: 3/22/2007
AGENT: <undefined value> APN: 040-520-100
FILE #: PRED07-0003 PLANNER: Mark Michelena
PROJECT DESCRIPTION: A pre-development review a proposed residential
subdivision. The proposal includes 110 single-family lots and 50-multi-family units
adjacent to the Tuscan Ridge Golf Course. The project site is comprised of two APN 040-
520-100 and 040-520-103 totaling approximately 163 acres. The residential development
will be located on approximately 27 of the 163 acres. The project proposes to be developed
in phases and include a community wastewater treatment and disposal system, an onsite
detention facility and a community water system.
The project site is located on the southeast and southwest corners of intersection of Skyway
and Santa Rosa Road, approximately 4.3 miles east of Chico.
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 Parcel/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 Parcel/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 Parcel/Final Map. For each private access within
the map boundary, place the following note on the Parcel/Final Map: "approved
road name is a non-exclusive easement for ingress, egress, road and public
services purposes, to be reserved in deeds and is hereby offered for dedication to
the County of Butte."
❑ 3. Prior to the recordation of the Parcel/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 Parcel/Final Map, Deed to
Butte County in fee simple feet of right-of-way from the centerline of
along the entire property frontage. The right-of-way shall be sufficient for the
installation of Improvement Standard No. S-5 at all street intersections.
❑ 5. Prior to or concurrently with the recordation of the Parcel/Final Map, relinquish
abutter's rights of access to Butte County, along the
frontage of parcels , except at approved access points.
❑ 6. Prior to recordation of the Parcel/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
Parcel/Final Map. A minimum of five alternate names for each new street shall
be submitted.
❑ 7. Prior to final road inspection, install all necessary traffic safety signs including
stop signs. A note shall be placed on a separate document which is to be recorded
concurrently with the map or on an additional map sheet of the Parcel/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 Parcel/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 Parcel/Final Map, obtain an encroachment permit
and construct a standard S-18 road approach in accordance with County
Improvement Standards. Adequate sight distance at the intersection of access
road and shall be provided.
❑ 10. Provide a cul-de-sac designed and constructed as specified in the County
Improvement Standards. The Parcel/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 ''/Z+ 12' / full street
section on to an RS-_geometric standard. Minimum
structural section to be_" AC, and_" AB, prime coat, fog seal and 95 %relative
compaction. Submit design to Land Development Division for approval. "R"
value determination and other data may be required to support the section design
❑ 12. Prior to the recordation of the Final map, construct, or provide a performance
bond and labor and material bond for the construction of, a '/z + 12' / full street
section on to an RS- road standard with curb,
gutter, and sidewalk and AC, and _" AB, prime coat, fog seal and 95 %
relative compaction. Construct a '/z + 12' /full street section on
to an RS-—road standard with_curb, gutter, and sidewalk and_" AC, and
AB, prime coat, fog seal and 95 % relative compaction. Submit design to Land
Development Division for approval. "R" value determination and other data may
be required to support the section design.
❑ 13. Prior to recordation of the Parcel Map, provide approved access to each parcel
from a County maintained road or from a state highway. Improve parcel
frontage to RS-_ LD-_ and access road to parcel being divided
to RS-_ LD-_. (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
to County Improvement Standards. Improve parcel
frontage on to a '/z + 12' / full street section to an RS-
road standard including, but not limited to curb, gutter and sidewalk for parcels
with gross acreage of one acre or less.
❑ 15. Show on the additional map sheet of the Parcel/Final Map a_ft. building setback
from the edge of the ultimate right-of-way of
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. If the developer chooses to install the streetlights and pay energy costs
through a County Service Area (CSA), he/she must complete the formation of the
CSA prior to recordation of the Final Map. The CSA formation process will
require the Developer to fund the service until the beginning of the first fiscal year
in which service charges can be collected for the CSA, and agree to an annual
maximum service charge to ensure continued operation of the facilities.
B. DRAINAGE
❑ 1. Prior to recordation of the Parcel/Final Map, a plan for a permanent solution for
drainage shall be submitted to and approved by the Department of Public Works.
The drainage plans shall detail existing drainage conditions and shall specify how
drainage waters shall be detained or retained on- site and/ or conveyed to the
nearest natural or publicly maintained drainage channel or facility and shall
provide that there shall be no increase in the peak flow runoff to said channel or
facility.
❑ 2. Prior to 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 shall show and/or note the requirements for
labeling inlets pursuant to Butte County Standard S-40.
❑ 3. Prior to recordation of the Parcel/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 Parcel/Final Map, pay the
applicable drainage fees in effect at the time of recordation of the Parcel/Final
Map for the 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 Parcel/Final Map requires a
construction storm water permit. Construction activities that result in a land
disturbance of less than one acre, but which are part of a larger common plan of
development, also require a permit. Development of individual lots may require
an additional permit(s)."
C. PARCEL/FINAL MAP
❑ 1. Show all easements of record on the Parcel/Final Map.
❑ 2. Prior to or concurrently with the recordation of the Parcel/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 Parcel/Final Map and related
documents are recorded.
❑ 4. Prior to or concurrently with the recordation of the Parcel/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 Parcel/Final Map regarding
BUTTE COUNTY
STANDARD CONDITIONS FOR
TENTATIVE SUBDIVISION MAP
APPLICANT: Tuscan Ridge Association,LLC DATE: 3/22/2007
AGENT: <undefined value> APN: 040-520-100
FILE #: PRED07-0003 PLANNER: Mark Michelena
PROJECT DESCRIPTION: A pre-development review a proposed residential
subdivision. The proposal includes 110 single-family lots and 50-multi-family units
adjacent to the Tuscan Ridge Golf Course. The project site is comprised of two APN 040-
520-100 and 040-520-103 totaling approximately 163 acres. The residential development
will be located on approximately 27 of the 163 acres. The project proposes to be developed
in phases and include a community wastewater treatment and disposal system, an onsite
detention facility and a community water system.
The project site is located on the southeast and southwest corners of intersection of Skyway
and Santa Rosa Road, approximately 4.3 miles east of Chico.
Those items checked are conditions of approval.
PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR
COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS:
D. LEACHFIELDS
❑ 1. Identify on the additional map sheet a 100-ft. leachfield free setback from each
existing well.
❑ 2. Meet the sewage disposal requirements of Butte County Code Section 26-26 for
the installation of sewage disposal systems within a flood plain/floodway.
❑ 3. Prior to commencing construction or installation of any required site
improvements on the property, verify that winter groundwater elevations are in
compliance with County Improvement Standards, Appendix 7.
❑ 4. Identify on the additional map sheet an area for wells and a 100-ft. leachfield free
setback around that area on parcels
❑ 5. Identify on the additional map sheet a 50-ft. leachfield setback from the drainage
way on (lots) (parcels)
❑ 6. Identify on the additional map sheet a 100-ft. leachfield setback from the
highwater line of the creek on (lots) (parcels)
❑ 7. Identify on the additional map sheet a 100-ft. leachfield setback from the spring
on (lots) (parcels)
❑ 8. Identify on the additional map sheet a 20C-ft. leachfield setback from the
j highwater line of the lake on (lots) (parcels)
i
❑ 9. Identify on the additional map sheet a leachfield setback for four (4) times the
height of the cut on (lots) (parcels)
❑ 10. Locate, and, if necessary, relocate the sewage disposal systems serving existing
buildings on (lots) (parcels)
E. SEWAGE DISPOSAL AREAS
❑ 1. Identify on the additional map sheet those areas with slopes in excess of thirty
(30) percent as "Unsuitable for Sewage Disposal".
❑ 2. Identify on the additional map sheet usable sewage disposal areas proven to meet
the requirements of County Improvement Stancards, Appendix 7. Combine with
adjacent (parcel(s)) (lot(s)) any parcel not proven to contain usable sewage
disposal area.
❑ 3. Identify on the additional map sheet unsuitable sewage disposal areas.
❑ 4. Those wells indicated on the Tentative Map or on the Final Map that are proposed
to be destroyed, in order to provide required usable sewage disposal areas, shall
be destroyed under a valid Butte County Environmental Health Division permit.
❑ 5. Identify on the additional map sheet that no wat--r well may be located within 100
feet of the usable sewage disposal area on (lots) (parcels)
❑ 6. Prior to recordation of the Final Map, in the nitrate area record an executed
Future Sewer Service and Storm Drainage Agreement.
❑ 7. Meet the requirements of the (Watershed Protection Zone), (Villa Verona
Moratorium Area), (Cohasset Specific Plan).
F. INDIVIDUAL WATER SUPPLY
❑ 1. Prior to the issuance of a building permit, prove that the required quantities of
domestic water are available to (lots) (parcels)
❑ 2. Prove that the required quantities of domestic water are available or place the
statement on the additional map sheet of the Final Map that "There is no evidence
that domestic water is available" for (lots) (parcels)
❑ 3. Provide a source of domestic water for the building on (lot) (parcel)
❑ 4. Prior to Final Map, verify that domestic water can be provided to meet minimum
standards for and other suspected
contamination.
G. PUBLIC WATER SUPPLY
❑ 1. Prior to the issuance of a building permit, design and construct a new community
water supply system in compliance with the California State Safe Drinking Water
Act.
❑ 2. Prior to recordation of the Final Map, provide a letter or other documentation
from stating that they are willing and able to
supply domestic water to (lots) (parcels)
❑ 3. Place a note on the additional map sheet that states "Development of (lots)
(parcels) will require connection to a public water
supply".
❑ 4. Prior to Final Map, verify that domestic water can be provided to meet minimum
standards for and other suspected contamination.
H. EXISTING COMMUNITY SEWER
❑ 1. Prior to the Final Map, provide a letter or other documentation from
stating that they are willing and able to supply sewer
service to (lots) (parcels)
❑ 2. Place a note on the additional map sheet that states "Development of (lots)
(parcels) will require connection to a public
sanitary sewer".
❑ 3. Prior to the issuance of a building permit, under a permit issued by the
Environmental Health Division, properly abandon the septic tank and connect the
dwelling(s) on (lots) (parcel(s)) to public sewer.
I. NEW COMMUNITY SEWER
❑ 1. Prior to the Final Map, provide community sewage collection, treatment and
disposal facilities in compliance with California State Regional Water Quality
Control Board, the Butte County Code, California Health and Safety Code,
Federal Law and other applicable codes and regulations governing the design,
construction and operation of the facilities.
❑ 2. Prior to the Final Map, comply with all sewage disposal facility construction
standards and health and safety and requirements of the Butte County Code,
California Health and Safety Code, Federal Law, and other applicable codes and
regulations governing the construction of such facilities.
❑ 3. Prior to the Final Map, provide a community services district or other legal
(government) entity adequate to insure the operation, maintenance or repair of the
sewage collection, treatment and disposal facilities. At a minimum, creation of
the entity shall:
a. Insure financing of operation, repair and maintenance.
b. Provide qualified individuals and operational procedures
for facility operations, repair and maintenance.
C. Provide adequate resources to comply with all monitoring
and other Regional Water Quality Control Board Waste
Discharge Requirements.
d. Provide adequate resources for facility inspections and
reports.
e. Provide adequate resources and/or mechanism to insure
adequate funding of a major sewage treatment and a
disposal facility replacement or reconstruction if necessary.
f. Provide a liability risk assessment for review by the County
of Butte.
g. Indemnify the County of Butte and community services
district or other government entity for all claims and
liability that may occur relative to the sewage disposal
facilities.
❑ 4. Locate wastewater ponds separate, as required, from areas of residential
development. Meet design requirements for control of mosquitoes and nuisance
insects in the wastewater ponds to the satisfaction of the appropriate Mosquito
and Vector Control District.
❑ 5. If a homeowners association is provided, obtain approval of the By-laws and CC
& Rs by Butte County Environmental Health, and, if required, by the California
State Regional Water Quality Control Board. Approval shall be obtained prior to
recordation of the Final Map.
J. COMMUNITY SEWER SPECIAL NITRATE AREA
❑ 1. In accordance with the Chico Area Nitrate Action Plan, provide for a connection
to the public sewer, if practical and feasible. A determination that connection is
not practical and feasible shall be made with the concurrence of the Central
Valley Regional Water Quality Control Board and the Environmental Health
Division. NOTE: Board staff is currently requiring a density of no greater than
one equivalent residential unit per acre for development on septic tanks where
sewer is not available.
❑ 2. If connection to a public sewer is not feasible prior to recordation of the Final
Map:
a. Provide the minimum required sewage disposal area as
required by the Butte County Subdivision Ordinance and
the Nitrate Action Plan.
b. In conformance with the City of Chico Sanitary Sewer
Master Plan, dated December 20, 1985, construct dry line
sewer mains to serve.the project and stubbed out to the
property line to for future public sewer connection.
C. Provide a community services district or other legal
(government) entity adequate to ensure the maintenance of
the dry sewer main and, when necessary, the activated
sewer main.
d. Sign and record sewer and storm drainage agreements for
compliance with the Nitrate Action Plan.
e. Place the following notes on the additional map sheet or
document to be recorded concurrently with the Final Map:
"Butte County permit for the installation of individual
septic systems shall require the construction of sewer
laterals for future public sewer connection." "Lots within
this subdivision are subject to sewage flow restrictions that
preclude high water use business activities."
"The discharge of wastewater, other than domestic sewage,
into individual sewage disposal systems requires approval
of the California State Regional Water Quality Control
Board, Central Valley Region."
f. Provide CC & Rs for the project that specify maximum
allowable domestic sewage flows per lot or parcel approved
by the Regional Water Quality Control Board, Central
Valley Region. Within the CC & Rs, provide for changes
to be with the concurrence of the Regional Water Quality
Control Board, Central Valley Region.
K. SOLID WASTE DISPOSAL PLANS
❑ 1. Place a note on a separate document which is to be recorded with the map or on
an additional map sheet of the Parcel Map or Final Map stating "Solid waste
disposal shall be the responsibility of each property owner. Trash and debris shall
be picked up weekly by either a trash collection company approved by the County
of Butte or.the property owner shall assume the responsibility for taking trash and
debris to a County approved land fill".
BUTTE COUNTY
STANDARD CONDITIONS FOR
TENTATIVE SUBDIVISION-IAP
APPLICANT: Tuscan Ridge Association, LLC DATE: 3/22/2007
AGENT: <undefined value> APN: 040-520-100
FILE #: PRED07-0003 PLANNER: Mark Michelena
PROJECT DESCRIPTION: A pre-development review a proposed residential
subdivision. The proposal includes 110 single-family lots and 50-multi-family units
adjacent to the Tuscan Ridge Golf Course. The project site is comprised of two APN 040-
520-100 and 040-520-103 totaling approximately 163 acres. The residential development
will be located on approximately 27 of the 163 acres. The project proposes to be developed
in phases and include a community wastewater treatment and disposal system, an onsite
detention facility and a community water system.
The project site is located on the southeast and southwest corners of intersection of Skyway
and Santa Rosa Road, approximately 4.3 miles east of Chico.
Those items checked are conditions of approval.
PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE
FOLLOWING CHECKED CONDITIONS:
L. BUILDING PERMITS
❑ 1. Prior to building permit issuance for a new residential dwelling unit(s), the
applicant shall pay all applicable development fees at the rate in effect at the time
of acceptance of the application. Such fees, may include, but not be limited to:
Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and
Sewer Service Fees, and Fire Protection Fees.
❑ 2. Prior to building permit issuance for a new commercial or industrial development,
or addition to an existing development, the applicant shall pay all applicable
development fees at the rate in effect at the time of acceptance of the application.
Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit
and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees.
M. EXISTING STRUCTURES
❑ 1. Comply with the Uniform Building Code for property line clearances considering
use, area and fire resistant construction of existing buildings.
❑
'2. Existing building(s) shall be made to comply with current Building and Zoning
regulations for the intended new use of the building(s) or the existing building(s)
shall be demolished.
BUTTE COUNTY
STANDARD CONDITIONS FOR
TENTATIVE SUBDIVISION MAP
APPLICANT: Tuscan Ridge Association, LLC DATE: 3/22/2007
AGENT: <undefined value> APN: 040-520-100
FILE#: PRED07-0003 PLANNER: Mark Michelena
PROJECT DESCRIPTION: A pre-development review a proposed residential
subdivision. The proposal includes 110 single-family lots and 50-multi-family units
adjacent to the Tuscan Ridge Golf Course. The project site is comprised of two APN 040-
520-100 and 040-520-103 totaling approximately 163 acres. The residential development
will be located on approximately 27 of the 163 acres. The project proposes to be developed
in phases and include a community wastewater treatment and disposal system, an onsite
detention facility and a community water system.
The project site is located on the southeast and southwest corners of intersection of Skyway
and Santa Rosa Road, approximately 4.3 miles east of Chico.
Those items checked are conditions of approval.
PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE
FOLLOWING CHECKED CONDITIONS:
N. SITE DEVELOPMENT
❑ 1. Prior to the issuance of building permits, the plans, incorporating all applicable
conditions of approval shall be submitted to the Planning Division to verify
compliance with said conditions of approval.
❑ 2. Where a proposed development will have 5 or more mailing addresses, the site
plan shall show the location of centralized mail delivery units. Concrete bases
and the centralized mail delivery units, shall be installed by the developer.
Specifications of the concrete bases and mail delivery units shall be in accordance
with the requirements of Postal Service and ..he Butte County Department of
Public Works.
O. LANDSCAPING
❑ 1. A Landscape and Lighting Maintenance District, Community Service District,
Homeowners Association, or other alternative entity acceptable to the Planning
Manager, shall be established to maintain landscaping.
❑ 2. A plan of the existing on-site mature trees, located in any area proposed for
buildings and vehicular access, shall be provided to and approved by the Planning
Division prior to the issuance of building permits and/or prior to grading or
vegetation removal. The applicant shall minimize the removal of mature trees,
where possible. A mature tree shall be defined as a tree with a trunk measuring 4
inches in diameter, 4 feet from ground level. Mature trees removed shall be
replaced by planting replacement trees of equal number and not less than
gallon size.
❑ 3. For division of land, where lots of 1 acre or less are created, street trees of not less
than 15-gallon size shall be installed in accordance with Butte County standards
as specified in . The street trees shall be planted at an average of one every
30 feet on streets inside the land division and at an average of one every 20 feet
on Circulation Element roads.
❑ 4. All graded slopes, over 5 feet in height, or on slopes greater than %, shall be
seeded, planted, mulched or hydroseeded or otherwise protected to prevent
erosion. A permanent irrigation system shall be installed for non-native
vegetation. A one year Faithful Performance bond shall be posted to guarantee
installation and established growth.
❑ 5. Prior to the commencement of grading and/or construction activity, all individual
or groups of oak trees which are to be retained as part of the project, shall be fully
protected through the use of root protection zones (RPZ). During construction,
RPZs shall be established using protective fencing enclosing an area with a radius
1.5 times the distance from the trunk to the dripline. Within this protective buffer,
no grading, trenching, fill, or vegetation alteration of any kind shall be allowed.
The RPZs shall be maintained after the completion of construction in order to
continue to protect the oak trees, but the fencing shall be removed.
FINAL L MAPS
❑ 1. Place a note on a separate document which is to be recorded concurrently with the
map or on an additional map sheet which states, "Structures, dumping, fill
material, vegetation removal and/or excavation shall not be allowed within the 50
foot No Disturbance Setback as depicted." The 50 foot "No Disturbance Setback"
shall be measured from the top of bank or outer edge of the riparian vegetation
along Creek, whichever is greater. Limited vegetation
removal necessary for flood control and normal orchard operations is permissible
within the "No Disturbance Setback;" however, all living and thriving native trees
shall be retained and all vegetation removal shall be approved by the Department
of Fish and Game prior to removal.
❑ 2. Place a note on a separate document which is to be recorded concurrently with the
map or on an additional map sheet which states, "Residences constructed on lots
and shall be constructed in a manner to bring the sound levels from
dBA exterior source to 45 dBA interior."
❑ 3. Place a note on a separate document which is to be recorded concurrently with the
map or on an additional map sheet which states, "At the time of building permit
application,. if a Deer Herd Impact fee(s) is currently in effect, it shall be paid
prior to the issuance of the building ermit."
p gp
❑ 4. Place a note on a separate document which is to be recorded concurrently with the
map or on an additional map sheet which states, "Fencing for areas other than
residential areas shall be limited to a maximum of 5 wire strands. The lower
strand shall be at least 16" above the ground and the upper strand shall be no
higher than 48" above the ground."
❑ 5. Prior to the recordation of the Final Map, the applicant shall pay all overdue or
outstanding County fees.
Q. GRADING
❑ 1. Place a note on a separate document which is to be recorded concurrently with the
Final Map or on an additional map sheet stating "During construction, should any
archaeological artifacts be discovered, the Planning Division shall be notified
immediately, and all work shall cease until a qualified archaeologist has examined
the artifacts and the site and submitted his or her findings to the Planning
Division, and recommended clearance to continue. Recommencement of
construction shall be upon the approval of the Planning Division. "Archaeological
artifacts" are defined as follows:
❑ 2. Prior to any clearing, grading and/or construction in a Federal or State identified
100 year floodplain and/or streambed the following entitlements must be
obtained: a California Fish and Game 1604 Streambed Alteration permit and an
Army Corps 404 permit or exemption certificate.
R. ADDITIONAL APPROVALS
❑ 1. This application is approved subject to the conditions contained herein. The
tentative subdivision map on file in the Planning Division identified as Exhibit
"B" and dated , 20_is incorporated by reference.
❑ 2. All lots are subject to the payment of the North Oroville/Thermalito Traffic
Impact Fees.
❑ 3. The applicant/owner shall sign the CSA 87 Traffic and Drainage Mitigation
Agreement and/or pay the required fee(s) prior to the issuance of building
permits. If the agreement is used it shall be recorded by the applicant prior to the
recordation of the Final Map.
❑ 4. The applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement
prior to the recordation of the Final Map and place a note on the Final Map or
separate document which is to be recorded concurrently stating, "A traffic
mitigation fee of$750 shall be paid prior to the issuance of a building permit for
each new or additional living unit."
❑ 5. To insure the maintenance and continuance of the orchard or other agricultural
use of the property, all lot owners shall enter into the County approved Orchard
Management Agreement. The agreement shall terminate in 10 years or upon a
rezoning of the parcel/lot to a zone other than A-5 through A-160. The agreement
shall be recorded and recording fees paid by the applicant.
❑ 6. The developer shall display a current County Zoning and County Land Use Map
in the sales office at all times, and/or suitable aLernatives.
❑ 7. All sales maps that are distributed or made available to the public shall include
but not be limited to showing future and existing schools, parks, and streets.
❑ 8. The Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of
Chapter 3, Article II of the Butte County Code, prior to the issuance of a building
permit or prior to the issuance of a Use Permit for a Mobile Home Park. The fee
amount shall be determined and calculated as of the date of application for
building permit.
❑ 9. Prior to recordation of the Final Map or application for a building permit, the
applicant shall pay the then-current established fee for the West Chico Fire
Station Fund.
❑ 10. Approval of this request shall not waive the requirement to comply with all
applicable Federal, State, and County laws, ordinances, and regulations in effect
at the time of building permit application.
BUTTE COUNTY
STANDARD CONDITIONS FOR
TENTATIVE SUBDIVISION MAP
APPLICANT: Tuscan Ridge Association, LLC DATE: 3/22/2007
AGENT: <undefined value> APN: 040-520-100
FILE #: PRED07-0003 PLANNER: Mark Michelena
PROJECT DESCRIPTION: A pre-development review a proposed residential
subdivision. The proposal includes 110 single-family lots and 50-multi-family units
adjacent to the Tuscan Ridge Golf Course. The project site is comprised of two APN 040-
520-100 and 040-520-103 totaling approximately 163 acres. The residential development
will be located on approximately 27 of the 163 acres. The project proposes to be developed
in phases and include a community wastewater treatment and disposal system, an onsite
detention facility and a community water system.
The project site is located on the southeast and southwest corners of intersection of Skyway
and Santa Rosa Road, approximately 4.3 miles east of Chico.
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.
❑ 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 feet, hydrant size inches, and
residual fire flow of 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.
❑ 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 Resources Code 4290 and shall
be posted at the time of permit issuance and maintained continuously thereafter.
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Butte County Department of Development Services AUT rF
TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0
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7 County Center Drive °00
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Oroville,CA 95965 0 `���"-a°��o
(530)538-7601 Telephone
(530)538-7785 Facsimile COUIN
www.buttecounty.net/dds
ADMINISTRATION* BUILDING* PLANNING
March 29,2007
TO: Enter Agency or Department
FROM: Mark Michelena,Butte County Planning Division
SUBJECT: Request for Comments on a Development/Land Use Application
APPLICANT: Tuscan Ridge Association,LLC,PRED07-0003
APN: 040-520-100
DATE OF Inter-Departmental Review: 4/11/07
IDR RESPONSE REGARDING 4/9/07
COMPLETENESS OF APPLICATION DUE BY:
AGENCY/DEPARTMENT CONDITIONS/MITIGATION
MEASURES DUE BY: 4/26/07
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
4/11/07, and/or to recommend conditions and/or mitigation measures relevant to your
agency's/department's area of expertise and jurisdiction.
PROJECT DESCRIPTION:A pre-development review a proposed residential subdivision. The
proposal includes 110 single-family lots and 50-multi-family units adjacent to the Tuscan Ridge
Golf Course. The project site is comprised of two APN 040-520-100 and 040-520-103 totaling
approximately 163 acres. The residential development will be located on approximately 27 of the
163 acres. The project proposes to be developed in phases and include a community wastewater
treatment and disposal system,an onsite detention facility and a community water system.
The project site is located on the southeast and southwest corners of intersection of Skyway and
Santa Rosa Road,approximately 4.3 miles east of Chico..
COUNTY SUPERVISOR DISTRICT NO.: 4
ZONING: U(Unclassified), GENERAL PLAN: .GOL
If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at 538-
7376 or send him an email at mmichelena@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.
Please return response to project planner.
IDR COMMITTEE`APPLICATION COMPLETE
❑ No Name: Date:
❑ Yes Name: Date:
KVIanningTROJECTSUrakit Merge Documents\REQUEST FOR COMMENTS.doc
Butte County De rtment of Development Se ces QTt
TIM SNELLINGS,DIRECTOR J.PETE CALARCO,ASSISTANT DIRECTOR o F0
0 0
7 County Center Drive 0 0
Oroville,CA 95965 0 _ ___;y 0
(530)538-7601 Telephone 0 0
(530)538-7785 Facsimile Cali Nay
March 29,2007
To: Inter-Departmental Review Committee
Subject: Evaluation and Completeness of Application
Applicant: Tuscan Ridge Association,LLC,PRED07-0003
Planner: Mark Michelena
APN: 040-520-100
Location: A pre-development review a proposed residential subdivision. The proposal includes
110 single-family lots and 50-multi-family units adjacent to the Tuscan Ridge Golf
Course. The project site is comprised of two APN 040-520-100 and 040-520-103
totaling approximately 163 acres. The residential development will be located on
approximately 27 of the 163 acres. The project proposes to be developed in phases
and include a community wastewater treatment and disposal system,an onsite
detention facility and a community water system.
The project site is located on the southeast and southwest corners of intersection of
Skyway and Santa Rosa Road,approximately 4.3 miles east of Chico.
30-Day Complete April 20,2007
Date of IDR April 11,2007
This application is being provided to you for comments. Please see attached documents. A hard copy of the
application, including maps, has been sent to Environmental Health, Building Manager, LAFCo, Agricultural
Commission,Public Works,Assessor,and CDF. All Environmental Health correspondence is routed through Karen
Frederick at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the
completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting
on 4/11/07.
Do you find this application complete?
❑ NO. Please respond prior to or at the IDR meeting, regarding completeness of application. What is needed
to make the application complete?
❑ YES. My Department's conditions and/or mitigation measures are.attached or will be provided at the IDR
meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more
than 1 week after the meeting.
Standard Conditions are attached for your convenience.
(PLEASE SEND YOUR RESPONSE TO: mmichelena@buttecounty.net
Signature: Department:
Date:
K:/Planning/Projects/A New File/IDR Memos/[DR Completeness
8/30/05
COUNTY
TUSCAN RIDGE SUBDIVISION y�la
SKYWAY MAR 2
CHICO, CA DE sERVIC,�'�a
Project Description
The proposed project is comprised of 110, single-family lots, and approximately
50 multi-family units proposed within the interior of the existing golf course.
The total project is approximately 163 acres and the residential development is
intended within an area of approximately 27 acres. The project will include
single family homes and two areas of the project intended for multi family
residences..
Environmental Setting
Location
The site is located on the south side of the Skyway, midway between Chico and
Paradise. The assessors parcel number is 040-520-100 and 103; please see the
attached exhibit A.
Land Use
At present the parcel is home to the Tuscan Ridge Got=Course. There are a few
outbuildings constructed on site that are used for golf cart maintenance and golf
course maintenance. This site is currently zoned "U"Unclassified and "S-H"
Scenic Highway and has a general plan designation of"GOL", Grazing Open
Land. The proposed development will require a rezone/general plan
amendment to "AR-1" Agricultural Residential 1 acre minimum. This will bring
the proposed project in to conformance with the surrounding area zoning
designations. The proposal includes an application for subdivision with a P-D
designation to allow for clustering residences within the 27 acre development
parcels.
Unit Mix
The 107 residential lots are planned to have a range of single-family homes with
a mix of two bedroom units, two bedrooms plus a den units, and three bedroom
units. Both two story and one-story homes have been planned for the site. See
exhibit B for the Tentative Subdivision Map for the site.
Vegetation, Topography and Soils
At present the building site consists of minimal vegetation and a number of pine,
oak and other trees. The great majority of which will be saved. The
development area being proposed exists within the generally open areas of the
existing golf course and other that the relocation of the driving range, very few
healthy golf course trees are to be removed.
The project site lies on a large flat ridge which runs north-east to south-west
across the property. The land slopes from 4%-10% to the southeast and
southwest from this central ridge. The project site will be graded to work with
this existing slope especially in regard to the wastewater treatment area. Soil on
the project is classified as Tuscan Formation with very thin top soils. This soil
type consists of a thin layer of topsoil over covering lava cap.
Improvements
The project development will occur in multiple phases and will include public
roads, storm drain, water, utilities and wastewater facilities. The site will take
access from the existing access road off the Skyway thru the golf course.
Drainage
The storm drain runoff for the site will be collected and the discharge quantity
mitigated through the use of detention ponds located within the project and
adjacent to existing drainage swales.
Sanitary Sezver
A community system will be designed for the site. It includes the use a gravity
collection system and that is pumped to the treatment facility along the southerly
boundary. After secondary treatment, the effluent will be utilized for golf course
irrigation in the summer months and will be stored for the winter months.
Public Services
Services and facilities presently or potentially available to the project include but
are not limited to the following:
Access: Skyway (Public Access)
Sewage Disposal: Community Wastewater Treatment and Disposal
Storm Water Disposal: Onsite detention facility
Communications: AT&T Telephone/Comcast Cable Services
Electricity: Pacific Gas and Electric Company
Water Supply: Community Water System
The community facilities for the site will be maintained through the use of a
Property Owners Association these include private roadways, wastewater
treatment and disposal, storm water disposal, public common areas (park
landscaping and irrigation), open space.
I
v.
Attachments
Exhibit A: Assessors Parcel Map
Exhibit B: Preliminary Subdivision Layout and Aerial Photo
, . T
WU➢l I
COUNTY
MAR 2 ?. X607
DEVELOPMENT
SERVICES
OPERATING AGREEMENT for TUSCAN RIDGE ASSOCIATES, LLC
This operating Agreement is entered into as of January 1, 2006, by E. M. West , Trustee of
The West Family Trust of September 24, 2002 ("Trust'), and Mark P. West ("MPW"), an
individual. The above are also referred to individually as a Member and collectively as the
Members.
A. The Members desire to form a limited liability company (Company) under
the Beverly-Killea Limited Liability Company Act.
B. The Members enter into this Operating Agreement in order to form and
provide for the governance of the Company and the conduct of its business and to specify
their relative rights and obligations.
NOW THEREFORE, the Members hereby agree as follows:
ARTICLE I: DEFINITIONS
The following capitalized terms used in this Agreement have the meanings specified in
this Article or elsewhere in this Agreement and when not so defined shall have the
meanings set forth in California Corporations Code section 17001.
1.1 "Act" means the Beverly-Killea Limited Liability Company Act (California
Corporations Code sections 17000-17705), including amendments form time to time.
1.2. "Agreement" means this operating agreement, as originally executed and as
amended from time to time.
1.3 ."Articles of Organization" is defined in California Corporations Code section
17001(b)
1.4. "Assignee" means a person who has acquired a Member's Economic
Interest in the Company, by way of a Transfer in accordance with the terms of this
Agreement, but who has not become a Member.
1.5. "Assigning Member" means a Member who by means of a Transfer has
transferred an Economic Interest in the Company to an Assignee.
1.6. "Capital Account" means, as to any Member, a separate account maintained
and adjusted in accordance with Article III, Section 3.3.
1.7. "Capital Contribution" means, with respect to any Member, the amount of
the money and the Fair Market Value of any property (other than money) contributed to the
Company (net of liabilities secured by such contributed property that the Company is
considered to assume or take "subject to" under IRS section 752) in consideration of a
Percentage Interest held by such Member. A Capital Contribution shall not be deemed a
loan.
1.8. "Capital Event" means a sale or disposition of any of the Company's capital
1
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assets, the receipt of insurance and other proceeds derived from the involuntary
conversion of Company property, the receipt of proceeds from a refinancing of Company
property, or a similar event with respect to Company property or assets.
1.9. "Code" or "IRC" means the Internal Revenue Code of 1986, as amended,
and any successor provision.
1.10. "Company" means the company named in Article II,
1.11. "Economic Interest" means a Person's right to share in the income, gains,
losses, deductions, credit or similar items of, and to receive distributions from, the
Company, but does not include any other rights of a Member, including the right to vote or
to participate in management.
1.12. "Encumber" means the act of creating or purporting to create an
Encumbrance, whether or not perfected under applicable law.
1.13. "Encumbrance" means, with respect to any Membership Interest, or any
element thereof, a mortgage, pledge, security interest, lien, proxy coupled with an interest
(other than as contemplated in this Agreement); option, or preferential right to purchase.
1.14. "Fair Market Value" means, with respect to any item of property of the
Company, the item's adjusted basis for federal income tax purposes, except as follows:
(a) The Fair Market Value of any property contributed by a Member to the
Company shall be the value of such property, as mutually agreed by the contributing
Member and the Company
(b) The Fair Market Value of any item'of Company property distributed to
any Member shall be the value of such item of property on the date of distribution, as
mutually agreed by the distributee Member and the Company and
(c) Fair Market Value for purposes of Article VIII, section 8.7 shall be as
determined under that section.
1.15. "Initial Member" or "Initial Members" means those Persons whose names
are set forth in the first sentence of this Agreement. A reference to an "Initial Member'
means any of the Initial Members.
1.16. "Involuntary Transfer' means, with respect to any Membership Interest, or
any element thereof, any Transfer or Encumbrance, whether by operation of law, pursuant
to court order, foreclosure of a security interest, execution of a judgment or other legal
process, or otherwise, including a purported transfer to or from a trustee in bankruptcy,
receiver, or assignee for the benefit of creditors.
1.17 "Losses." See "Profits and Losses."
1.18. "Majority of Members" means a Member or Members whose Percentage
Interests represent more than 50 percent of the percentage Interests of all the Members.
2
1.19 "Manager' or "Managers" means the Person(s) named as such in Article V
or the Persons who from time to time succeed any Person as a Manager and who, in either
case, are serving at the relevant time as a Manager.
1.20 "Meeting" is defined in Article V, Section 5.5.
1.21. "Member' means an Initial Member or a Person who otherwise acquires a
Membership Interest, as permitted under this Agreement, and who remains a Member.
1.22. "Notice" means a written notice required or permitted under this Agreement.
A notice shall be deemed given or sent when deposited, as certified mail or for overnight
delivery, post age and fees prepaid, in the united States mails; when delivered to Federal
Express, united Parcel Service, DHL WorldWide Express, or Airborne Express, for
overnight delivery, charges prepaid or charged to the sender's account; when personally
delivered to the recipient; when transmitted by electronic means, and such transmission is
electronically confirmed as having been successfully transmitted; or when delivered to the
home or office of a recipient in the care of a person whom the sender has reason to
believe will promptly communicate the notice to the recipient.
1.23. "Percentage Interest" means a fraction; expressed as a percentage, the
numerator of which is the total of a Member's Capital Account and the denominator of
which is the total of all Capital Accounts of all Members.
1.24. "Person" means an individual, partnership, limited partnership, trust, estate,
association, corporation, limited liability company, or other entity, whether domestic or
foreign.
1.25. "Profits and Losses" means, for each fiscal year or other period specified in
this Agreement, an amount equal to the Company's taxable income or loss for such year or
period, determined in accordance with IRC section 703(x)
1.26. "Proxy" has the meaning set forth in the first paragraph of California
Corporations code section 17001(a). A Proxy may not be transmitted orally.
1.27. "Regulations" ("Reg") means the income tax regulations promulgated by the
United states Department of the Treasury and published in the Federal Register for the
purpose of interpreting and applying the provisions of the Code, as such Regulations may
be amended from time to time, including corresponding provisions of applicable successor
regulations.
1.28. "Substituted Member" is defined in Article VIII,
1.29. "Successor in Interest" means an Assignee, a successor of a Person by
merger or otherwise by operation of law, or a transferee of all or substantially all of the
business or assets of a Person.
1.30. "Transfer' means, with respect to a Membership Interest, or any element of
a Membership Interest, any sale, assignment, gift, Involuntary Transfer, or other disposition
of Membership Interest or any element of such a Membership Interest, directly or indirectly,
other than an Encumbrance that is expressly permitted under this Agreement.
3
1.31. "Triggering Event" is defined in Article VIII,
1.32. "Vote" means a written consent or approval, a ballot cast at a Meeting, or a
voice vote.
1.33. "Voting Interest" means, with respect to a Member the right to Vote or
participate in management and any right to information concerning the business and affairs
of the Company provided under the Act, except as limited by the provisions of this
Agreement. A Member's Voting Interest shall be directly proportional to that Member's
Percentage Interest.
ARTICLE II: ARTICLES OF ORGANIZATION
2.1. Promptly following execution of this Agreement, the Members shall cause
Articles of Organization in the form attached to this Agreement as Exhibit "A" to be filed
with the California Secretary of State.
2.2. The name of the Company shall be TUSCAN RIDGE ASSOCIATES, LLC
2.3. The principal executive office of the Company shall be at 6774 Woodland
Drive, Paradise, California, or such other place or places as may be determined by the
Members from time to time.
2.4. The initial agent for service of process on the Company shall be E. M.
WEST, P. O. BOX 1837, PARADISE, CA 95967. The Members may from time to time
change the Company's agent for service of process.
2.5. The Company will be formed for the purposes of engaging in the acquisition
development, construction, management and administration of a housing development
adjacent to and/or surrounding the existing 18-hole golf course known as Tuscan Ridge
Golf Club.
2.6. The term of existence of the Company shall commence on the effective date
P Y
of filing of Articles of Organization with the California Secretary of State and shall continue
until December 31, 2032, unless sooner terminated by the provisions of this Agreement or
as provided by law. ,
ARTICLE III: CAPITALIZATION
3.1. Each Member shall contribute to the capital of the Company as the
Member's Capital contribution the money services and property specified in Exhibit "B" to
this Agreement. The Fair Market Value of each item of contributed property as agreed
between the Company and the Member contributing such property is set forth in Exhibit
"B". Unless otherwise agreed in writing by all Members, no Member shall be required to
make additional Capital contributions.
3.2. If a Member fails to make his initial Capital Contribution within 30 days after
the effective date of this Agreement, that Member's entire Membership Interest shall
terminate and that Member shall indemnify and hold the Company and the other Members
harmless from any loss, cost, or expense, including reasonable attorney fees caused by
4
the failure to make such Capital Contribution.
3.3. An individual Capital Account shall be maintained for each Member
consisting of that Member's Capital Contribution (1) increased by that Member's share of
Profits, (2) decreased by that Member's share of Losses and Company expenses, and (3)
adjusted for withdrawals and as otherwise required in accordance with applicable
provisions of the Code and Regulations.
3.4. A Member shall not be entitled to withdraw any part of the Member's Capital
contribution or to receive any distributions, whether of money or property from the
Company except as provided in this Agreement. A Member shall not have the right to
contribute additional capital to the Company without the written consent of seventy-five
percent of the capital interest of the Members.
3.5. No interest shall be paid on funds or prcperty contributed to the capital of
the Company or on the balance of a Member's Capital Account.
3.6. A Member shall not be bound by or be personally liable for the expenses,
liabilities, or obligations of the Company except as otherwise provided in the Act or in this
Agreement.
3.7. No Member shall have priority over any other Member, with respect to the
return of a Capital Contribution, or distributions or allocations of income, gain, losses,
deductions, credits, or items thereof except as set forth in section 4.1 hereinbelow.
ARTICLE IV: ALLOCATIONS AND DISTRIBUTIONS
4.1. It is the intent of the Members to allocate for tax and Company book
purposes the entire net profits and losses of the Company in proportion to the Member's
Percentage Interests. To the extent that net profits are allocated to the Members with
respect to a given year, each Member shall have a right to receive on or before April 1 of
the following year a disbursement of profits in an amount not less than one third of the
amount of net profits allocated to the Member for the prior year. To the extent that any
Member may elect not to receive such disbursement, the amount otherwise distributable to
that Member shall not be treated as an increase in the Member's capital account, but shall
instead be treated as a loan from the Member to the company payable on demand and
shall accrue interest at a rate of seven per cent (7%) per annum.
4.2. If any Member unexpectedly receives any adjustment, allocation, or
distribution described in Reg Sections 1. 704-1 (b) (2) (ii) (d) (4), 1, 704-1 (b) (2) (ii)(d) (5),
or 1.704-1(b) (2) (ii) (d) (6), items of Company gross income and gain shall be specially
allocated to that Member in an amount and manner sufficient to eliminate any deficit
balance in the Member's Capital Account created by such adjustment, allocation, or
distribution as quickly as possible. Any special allocation under this section 4.2 shall be
taken into account in computing subsequent allocations of Profits and Losses so that the
net amount of allocations of income and loss and all other items shall, to the extent
possible, be equal to the net amount that would have been allocated if the unexpected
adjustment, allocation, or distribution had not occurred. The provisions of this section 4.2
and the other provisions of this Agreement relating to the maintenance of Capital Accounts
5
are intended to comply with Reg sections 1.704-1(b) and 1.704-2 and shall be interpreted
and applied in a manner consistent with such Regulations.
4.3. Any unrealized appreciation or unrealized depreciation in the values of
Company property distributed in kind to all the Members shall be deemed to be Profits or
Losses realized by the Company immediately prior to the distribution of the property and
such Profits or Losses shall be allocated to the Members' Capital Accounts in the same
proportions as Profits are allocated under Section 4.1. Any property so distributed shall
be treated as a distribution to the Members to the extent of the Fair Market Value of the
property less the amount of any liability secured by and related to the property. Nothing
contained in this Agreement is intended to treat or cause such distributions to be treated
as sales for value. For the purposes of this section 4.3, "unrealized appreciation" or
"unrealized• depreciation" shall mean the difference between the Fair Market Value of
such property and the Company's basis for such property.
4.4. In the case of a Transfer of an Economic Interest during any fiscal year, the
Assigning Member and Assignee shall each be allocated of Profits or Losses based on the
number of days each held the Economic Interest during that fiscal year.
4.5. All cash resulting from the normal business operations of the Company and
from a Capital Event shall be distributed among the Members as provided in Section 4.1
above or as the Members may otherwise agree in a, writing signed by a Majority of
Members, but only to the extent that such distributions are allowable under the Act.
4.6. If the proceeds from a sale or other disposition of an item of Company
consist of property other than cash, the value of such property shall be as determined by
the Members. Such non-cash proceeds shall then be allocated among all the Members in
proportion to their Percentage Interests. If such non-cash proceeds are subsequently
reduced to cash, such cash shall be distributed to each Member in accordance with
Section 4.5.
4.7. Notwithstanding any other provisions of this Agreement to the contrary,
when there is a distribution in liquidation of the Company, or when any Member's interest is
liquidated, all items of income and loss first shall be allocated to the Members' Capital
Accounts as provided in section 4.1 and thereafter under this Article IV, and other credits
and deductions to the Members' Capital Accounts shall be made before the final
distribution is made. The final distribution to the Members shall be made to the Members to
the extent of and in proportion to their positive Capital Account balances.
ARTICLE V: MANAGEMENT
5.1. The business of the Company shall be managed by the Managers set forth.
hereinbelow or successor Managers selected in the manner provided in Article V, section 3
(5.3). Except as otherwise set forth in this Agreement, all decisions concerning the
management of the Company's business shall be made by the majority vote of the
Managers. The Managers shall have full, exclusive, and complete discretion, power, and
authority, subject in all cases to the other provisions of this Agreement and the
requirements of applicable law, to manage, control, administer, and operate the business
and affairs of the Company for the purposes herein stated, and to make all decisions
affecting such business and affairs, including, without limitation, the power to:
6
5.1.1. acquire by purchase, lease, or otherwise, any real or personal
property, tangible or intangible;
5.1.2. construct, operate, maintain, finance, and improve, and to own, sell,
convey, assign, mortgage, or lease any real estate and any personal property;
5.1.3. sell, dispose, trade, or exchange Company assets in the ordinary
course of the Company's business;
5.1.4. enter into agreements and contracts and to give receipts, releases,
and discharges;
5.1.5. purchase liability and other insurance to protect the Company's
properties and business;
5.1.6. borrow money for and on behalf of the Company, and, in connection
therewith, execute and deliver instruments authorizing the confession of judgment against
the Company;
5.1.7. execute or modify leases with respect to any part or all of the assets
of the Company;
5.1.8. prepay, in whole or in part, refinance, amend, modify, or extend any
mortgages or deeds of trust which may affect any asset of the Company and in connection
therewith to execute for and on behalf of the Company any extensions, renewals, or
modifications of such mortgages or deeds of trust;
5.1.9. execute any and all other instruments and documents which may be
necessary or in the opinion of the Manager desirable to carry out the intent and purpose of
this Agreement, including, but not limited to, documents whose operation and effect extend
beyond the term of the Company;
5.1.10. make any and all expenditures which the Manager, in its sole
discretion, deems necessary or appropriate in connection with the management of the
affairs of the Company and the.carrying out of its obligations and responsibilities under this
Agreement, including, without limitation, expenditures for legal, accounting, and other
related expenses incurred in connection with the organization, financing, and operation of
the Company;
5.1.11. enter into any kind of activity necessary to, in connection with, or
incidental to, the accomplishment of the purposes of the Company; and
5.1.12. invest and reinvest Company reserves in short-term instruments or
money market funds.
5.1.13. the names and addresses of the initial Managers are as follows:
7
(1) E. M. WEST, Trustee
THE WEST FAMILY TRUST
P. O. BOX 1837
PARADISE, CA 95967
(2) MARK P. WEST
15032 LITTLE RON ROAD
CHICO, CA 95973
` 5.2. Each manager shall serve until the earlier of (1) the Manager's resignation,
retirement, death, or disability or (2) the Manager's removal by at least seventy-five
percent in capital interest of the Members. A new Manager may be appointed by a
Majority of Members on the occurrence of either of the foregoing events except that,
Patricia A. West shall succeed E. M. West as Manager in accordance with the provisions of
section 8.3 of this Agreement.
5.3. A Manager may be removed with or without cause at any time by action of
at least seventy-five percent in capital interest of the Members and the execution and filing
of a Certificate of Amendment of the Articles of Organization of the Company in conformity
with Corp C section 17054, if necessary, to provide that the Company is to be managed by
Members.
5.4. The Managers shall be the operating officers of the Company.
Notwithstanding the above, the following actions shall not be taken without the approval of
at least seventy-five percent in capital interest of the Members.
(a) Any act that would make it impossible to carryon the ordinary business
of the Company;
(b) Any confession of a judgment against the Company;
(c) The dissolution of the Company
(d) The disposition of all or a substantial part of the Company's assets not
in the ordinary course of business;
(e) The incurring of any debt not in the ordinary course of business;
(f) A change in the nature of the principal business of the Company;
(g) The incurring of any contractual obligation or the making of any capital
expenditure with a total cost of more than $10,000.
(h) The filing of a petition in bankruptcy or the entering into of an
arrangement among creditors; and
(i) The entering into, on behalf of the Company, of any transaction
constituting a "reorganization" within the meaning of Corp C §17600.
8
5.5. Actions of the Managers shall be taken at meetings or as otherwise
provided in this section 5.5 by a majority. No regular meetings of the Managers need be
held. Any Manager may call a meeting of the Managers by giving Notice of the time and
place of the meeting at least 48 hours prior to the time of the holding of the meeting. The
Notice need not specify the purpose of the meeting, nor the location if the meeting is to be
held at the principal executive office of the Company.
The transactions of the Managers at any meeting, however called or
noticed, or wherever held, shall be as valid as though transacted at a meeting duly held
after call and notice a quorum is present and if, either before or after the meeting, each
Manager not present signs a written waiver of notice or a consent to the holding of such
meeting or an approval of the minutes of such meeting.
Any action required or permitted to be taken by the Managers under this
Agreement may be taken without a meeting if all Managers individually or collectively
consent in writing to such action.
Managers may participate in the meeting through the use of a conference
telephone or similar communications equipment.
5.6. The Managers shall devote such time to the conduct of the business of the
Company as the Managers, in the Managers' own good faith and discretion, deem
necessary.
5.7. The Managers shall be entitled to compensation for the Managers' services
as determined by seventy-five percent in capital interest of the Members, and to
reimbursement for all expenses reasonably incurred by the Managers in the performance
of the Managers' duties.
5.8. The Managers shall cause all assets of the Company whether real or
personal, to be held in the name of the Company.
5.9. All funds of the Company shall be deposited in one or more accounts with
one or more recognized financial institutions in the name of the Company at such locations
as shall be determined by the Managers or such other person or persons as the Managers
designate. Withdrawal from such accounts shall require the signature of any one Manager
for withdrawals for any particular purpose in an aggregate amount less than $25,000.00
and the signature of two Managers for withdrawals for any particular purpose an aggregate
amount equal to or greater than $25,000.00.
5.10. Contracts with Members or Associates of Members: The Managers may
cause the Company to enter into contracts for goods or services with an Member or a
Manager and/or an entity owned or controlled by a Member or Manager, provided such
contracts are approved by at least seventy-five percent in capital interest of the Members.
No Manager shall vote on any matter in which he has a conflict of interest by virtue of a
contract entered into under this section. As to any vote of the Members with respect to
any matter arising out of a contract entered into, or a contract being considered, under this
section, the Member owning or controlling the contracting entity or the entity being
considered for a contract under this section shall not be disqualified from voting on the
9
matter. Although each Manager shall have a fiduciary to the Company and its Members
as to all decisions or actions taken by the Manager, an individual Member when voting in
his capacity as a Member rather voting or acting as a Manager, shall have no fiduciary
duty to the Company or its other Members and may vote in the Members separate
interests, but shall have a duty of good faith and fair dealing.
5.11. Deadlocks and Conflicts of Interest: In all decisions in which a vote of the
Managers is required and the vote is "tied" or equal on both sides of the issue and in all
decisions in which vote of the Managers is required and one or more of the Managers is
disqualified from voting on the matter due to a conflict of interest arising out of a contract
between the Manager, or an entity owned or controlled by the Manager, on the one hand
and the Company on the other hand, the matter shall be submitted to the person whose
name is listed in Exhibit A hereto, as the same may be, from time to time hereafter
amended by the agreement of seventy-five percent in capital interest of the Members, (the
"Third Party Fiduciary") and the person so designated shall cast a deciding vote. The vote
of the Third Party Fiduciary shall be the deciding vote whether the matter is presented to
the Third Party Fiduciary to decide the tied vote of the Managers or the matter is presented
to the Third Party Fiduciary because of the disqualification of a Manager due to a conflict of
interest. The Third Party Fiduciary shall base the deciding vote on grounds which, to him,
in good faith and the exercise of reasonable business judgment, seem to be in the best
interest of the Company and without regard to any separate benefit to or detriment to any
particular Manager or Member. In the event that no person is designated in Exhibit B and
seventy-five percent in capital interest of the Members cannot agree on such a
designation, then any Member may petition the Superior Court of Butte County to appoint
an independent Third Party Fiduciary to effectuate this section, 5.11.
ARTICLE VI: ACCOUNTS AND RECORDS
6.1. Complete books of account of the Company's business, in which each
Company transaction shall be fully and accurately entered, shall be kept at the Company's
principal executive office and shall be open to inspection and copying by each Member or
the Member's authorized representatives on reasonable notice during normal business
hours. The costs of such inspection and copying shall be borne by the Member.
6.2. Financial books and records of the Company shall be kept on the accrual
method of accounting, which shall be the method of accounting followed by the Company
for federal income tax purposes. The Company shall elect to be taxed as though it were a
general partnership, and the Managers shall promptly file all appropriate forms and notices
with the taxing authorities to effectuate that method of tax reporting. A balance sheet and
income statement of the Company shall be prepared promptly following the close of each
fiscal year in a manner appropriate to and adequate for the Company's business and for
carrying out the provisions of this Agreement. Each Manager and Member shall promptly
account to the others for all funds or property of the Company held, received, disposed of
or expended by the Manager or Member on behalf of the Company and shall provide the
originals or legible copies of all documents pertaining'to all such transactions so that the
Managers may maintain, or cause to be maintained, adequate and reliable books of
account for the Company. The fiscal year of the Company shall be January 1 through
December 31.
10
6.3. At all times during the term of existence of the Company, and beyond that
term if any of the Members deem it necessary, the Members shall keep or cause to be kept
the books of account referred to in section 6.2, and the following:
(a) A current list of the full name and 'last known business or residence
address of each Member, together with the Capitalital Contribution and the share in Profits
and Losses of each Member;
(b) A copy of the Articles of Organization, as amended;
(c) Copies of the Company's federal, state, and local income tax or
information returns and reports, if any, for the six most recent taxable years;
(d) Executed counterparts of this Agreement, as amended;
(e) Any powers of attorney under which the Articles of Organization or any
amendments thereto were executed;
(f) Financial statements of the Company for the six most recent fiscal years;
and
(g) The Books and Records of the Company as they relate to the
Company's internal affairs for the current and past four fiscal years.
If the Members deem that any of the foregoing items shall be kept beyond
the term of existence of the Company, the repository of said items shall be as designated
by the Members.
6.4. Within 90 days after the end of each tax year of the Company the Company
shall send to each of the Members all information necessary for the Members to complete
their federal and state income tax or information returns, and a copy of the Company's
federal, state, and local income tax or information returns for such tax year.
ARTICLE VII: MEMBERS AND VOTING
7.1. There shall be only one class of membership and no Member shall have
any rights or preferences in addition to or different from those possessed by any other
Member except as set forth in section 4.1 hereinabove. Each Member shall Vote in
proportion to the Member's Percentage Interest as of the governing record date,
determined in accordance with Section 7.2. Any action that may or that must be taken by
the Members shall be by the vote of at least seventy-five percent in capital interest of the
Members.
7.2. The record date for determining the Members entitled to Notice of any
Meeting, to vote, to receive any distribution, or to exercise any right in respect of any other
lawful action, shall be the date set by Members, provided that such record date shall not be
more than 60, nor less than 10 days prior to the date of the Meeting, nor more than 60
days prior to any other action.
11
In the absence of any action setting a record date the record date shall be
determined in accordance with California Corporations Code section 17104(k).
7.3. At all Meetings of Members, a Member may Vote in person or by Proxy.
Such proxy shall be filed with any Member before or at the time of the Meeting, and may
be filed,by facsimile transmission to a Member at the principal executive office of the
Company or such other address as may be given by Members to the Members for such
purposes.
ARTICLE VIII: TRANSFERS OF MEMBERSHIP INTERESTS
8.1. A Member may withdraw from the Company at anytime by giving Notice of
withdrawal to all other Members at least 60 calendar days before the effective date of
withdrawal. Withdrawal shall not release a Member from any obligations and liabilities
under this Agreement accrued or incurred before the effective date of withdrawal. A
withdrawing Member shall divest the Member's entire Membership Interest before the
effective date of withdrawal in accordance with the transfer restrictions and option rights
set forth below.
8.2. Except as expressly provided in this Agreement, a Member shall not
Transfer any part of the Member's Membership Interest in the Company, whether now
owned or hereafter acquired, unless (1) the other Members unanimously approve the
transferee's admission to the Company as a Member upon such Transfer and (2) the
Membership Interest to be transferred, when added to the total of all other Membership
Interests transferred in the preceding 12 months, will not cause the termination of the
Company under the Code. No Member may Encumber or permit or suffer any
Encumbrance of all or any part of the Member's Membership Interest in the Company
unless such Encumbrance has been approved in writing by all the other Members. Any
Transfer or Encumbrance of a Membership Interest without such approval shall be void.
Notwithstanding any other provision of this Agreement to the contrary, a Member who is a
natural person may transfer all or any portion of his or her Membership Interest to any
revocable trust created for the benefit of the Member, or any combination between or
among the Member, the Member's spouse, and the Member's issue provided that the
Member retains a beneficial interest in the trust and all of the Voting Interest included in
such Membership Interest. A transfer of a Member's entire beneficial interest in such trust
or failure to retain such voting Interest shall be deemed-a Transfer of a Membership
Interest.
8.3. On the happening of any of the following events (Triggering Events) with
respect to a Member, the Company and the other Members shall have the option to
purchase all or any portion of the Membership Interest in the Company of such Member
(Selling Member) at the price and on the terms provided in section 8.7 of this Agreement. A
"Member" for purposes of this Article 8 shall mean either the Trust or E. M. WEST,
although the Member interest of the Trust is held by E. M. West as Trustee, and MARK P.
WEST. Until the housing development mentioned in Section 2.5 above is operational and
sufficiently staffed with a management team, a Triggering event with respect to the Trust's
Membership interest will be considered to be a Triggering Event if it occurs solely to E. M.
WEST. Thereafter, an event pertaining to the Trust's Membership interest shall not be a
Triggering Event unless it pertains to both E. M. WEST and PATRICIA A. WEST, who shall
immediately succeed E..M. West as Manager in the event of his death, incapacity or
12
resignation as Trustee:
(a) the death or incapacity of a Member;
(b) the bankruptcy of a Member,
(c) the winding up and dissolution of a corporate Member, or merger or
other corporate reorganization of a corporate Member,as a result of which the corporate
Member does not survive as an entity;
(d) the withdrawal of a Member; or
(e) except for the events stated in section 8.4, the occurrence of any other
event that is, or that would cause, a Transfer in contravention of this Agreement. The term
"incapacity" in subparagraph (a) hereinabove shall be defined as the inability to perform
one's normal duties for a period of 180 days in any consecutive 365 day period.
Each Member agrees to promptly give Notice of a Triggering
Event to all other Members.
8.4. Notwithstanding any other provisions of this Agreement:
(a) If, in connection with the divorce or dissolution of the marriage of a
Member, any court issues a decree or order that' transfers, confirms, or awards a
Membership Interest, or any portion thereof, to that Member's spouse (an Award), then,
not withstanding that such transfer would constitute an unpermitted Transfer under this
Agreement, that Member shall have the right to purchase from his or her former spouse
the Membership Interest, or portion thereof, that was so transferred, and such former
spouse shall sell the Membership Interest or portion thereof to that Member at the price set
forth in section 8.7 of this Agreement. If the Member has failed to consummate the
purchase within 180 days after the Award (the Expiration Date) , the Company and the
other Members shall have the option to purchase from the former spouse the Membership
Interest or portion thereof pursuant to Section 8.5 of this Agreement; provided that the
option period shall commence on the later of (1) the day following the Expiration Date, or
(2) the date of actual notice of the Award.
(b) If, by reason of the death of a spouse of a Member, any portion of a
Membership Interest is transferred to a Transferee other than (1) that Member or (2) a trust
created for the benefit of that Member (or for the benefit of that Member and any
combination between or among the Member and the Member's issue) in which the
Member is the sole Trustee and the Member, as Trustee or individually possesses all of
the voting Interest included in that Membership Interest, then the Member shall have the
right to purchase the Membership Interest or portion thereof from the estate or other
successor of his or her deceased spouse or Transferee of such deceased spouse, and the
estate, successor or Transferee shall sell the Membership Interest or portion thereof at the
price set forth in section 8.7 of this Agreement. If the Member has failed to consummate
the purchase within 180 days after the date of death (the Expiration Date), the Company
and the other Members shall have the option to purchase from the estate or other
13
r
successor of the deceased spouse the Membership Interest or portion thereof pursuant to
Section 8.5 of this Agreement; provided that the option period shall commence on the later
of (1) the day following the Expiration Date, or (2) the date of actual notice— of the death. A
membership interest owned by a revocable trust shall be deemed to be owned by the
trustor(s) thereof, and, for purposes of this section, the trustor(s) shall be deemed to be the
Members.,
8.5. On the receipt of Notice by the other Members as contemplated by section
8.1, and on receipt of actual notice of any Triggering Event, the Company shall have the
option, for a period ending 30 calendar days following the determination of the purchase
price as provided in Section 8.7, to purchase the Membership Interest in the Company to
which the option relates, at the price and on the terms provided in section 8.7, and the
other Members, pro rata in accordance with their prior Membership Interests in the
Company, shall then have the option, for a period of 30 days thereafter, to purchase the
Membership Interest in the Company not purchased by the Company, on the same terms
and conditions as apply to the Company. If all other Members do not elect to purchase the
entire remaining Membership Interest in the Company, then the Members electing to
purchase shall have the right, pro rata in accordance with their prior Membership Interest
in the Company, to purchase the additional Membership Interest in the Company available
for purchase. The transferee of the Membership Interest in the Company that is not
purchased shall hold such Membership Interest in the Company subject to all of the
provisions of this Agreement.
8.6. No Member shall participate in any Vote or decision in any matter pertaining
to the disposition of that Member's Membership Interest in the Company under this
Agreement.
8.7.' (a) The purchase price of the Membership Interest that is the subject of an
option under this Agreement shall be.the Fair Market Value of such Membership Interest
as determined under this Section 8.7. The initial agreed upon Fair Market Value of the
Company until the facility is constructed, occupied and operational is the Capital Account
balances of the business as determined under general accounting principles. Subsequent
to this time, and on April 15, of each year thereafter, the Members to this Agreement shall
review the Company's financial condition as of the end of the preceding fiscal year and
shall decide by mutual 'agreement the Company's Fair Market Value, which, if agreed on,
shall be the Company's Fair Market Value until a different value is agreed on or otherwise
established under this Agreement. If the members agree, they shall provide evidence of it
by placing their written and executed agreement in the Company's minute book.
If no valuation has been agreed on within two (2) years before the date of
the event requiring an agreement on value (other than the first three years of existence of
the Company), the value of a Membership Interest shall be agreed on by the selling
Member or his or her successor in interest and the remaining Member. If they do not agree
on a value of the selling Membership's interest shall be determined by arbitration as
follows: The remaining Member and the selling Member or his or her successor in interest
shall each name an arbitrator. If the two arbitrators cannot agree on a value, they shall
appoint a third, and the decision of a majority of the three arbitrators shall be binding on all
parties. Arbitration shall be in accordance with the rules of the American Arbitration
Association that are in effect at the time of arbitration.
14
(b) The Fair Market Value may be paid by the purchasing party in cash or,
at the purchasing party's option, in payments amortized over a one hundred twenty (120)
month period, with the first payment beginning within ninety (90) days of the Option Period.
Interest on the deferred payments shall accrue at the rate of prime plus one percent per
annum, adjusted annually.
(c) No Member or principal of a Member whose Membership interest has
been purchased shall compete with the Company or any other Member in a similar
business for a three (3) year period in Butte County.
8.8. Except as expressly permitted under Section 8.2., a prospective transferee
(other than an existing Member) of a Membership Interest may be admitted as a Member
with respect to such Membership Interest (Substituted Member) only (1) on the unanimous
Vote of the other Members in favor of the prospective transferee's admission as a Member,
and (2) on such prospective transferee's executing a counterpart of this Agreement as a
party hereto. Any prospective transferee of a Membership Interest shall be deemed an
Assignee, and, therefore, the owner of only an Economic Interest until such prospective
transferee has been admitted as a Substituted Member.
8.9. Any person admitted to the Company as a Substituted Member shall be
subject to all provisions of this Agreement.
8.10. The initial sale of Membership Interests in the Company to the initial
Members has not been qualified or registered under the securities laws of any state, or
registered under the Securities Act of 1933, as amended, in reliance upon' exemptions
from the registration provisions of those laws. No attempt has been made to qualify the
offering and sale of Membership Interests to Members under the California Corporate
Securities Law of 1968, as amended, also in reliance upon an exemption from the
requirement that a permit for issuance of securities be procured. Notwithstanding any other
provision of this Agreement, Membership Interests may not be Transferred or Encumbered
unless registered or qualified under applicable state and federal securities law or unless, in
the opinion of legal counsel satisfactory to the Company, such qualification or registration
is not required. The Member who desires to transfer a Membership Interest shall be
responsible for all legal fees incurred in connection with said opinion.
ARTICLE IX: DISSOLUTION AND WINDING UP
9.1. The Company shall be dissolved on the first to occur of the following events:
(a) The death, incapacity, or withdrawal of a Member, or the bankruptcy or
corporate dissolution of a Member, unless: (1)A Member's interest has been purchased by
the Company or the other Members pursuant to the option to purchase set forth in
Paragraph 8.3 hereinabovei or (2) the remaining Members vote to continue the Company,
in which case the Company shall not dissolve. If either of the above fail to occur, the
remaining Members shall wind up the Company. For purposes of this Paragraph (a), the
Percentage Interest of the Member who has died, become incapacitated, withdrawn, or
who has become bankrupt or dissolved, shall not be taken into account.
(b) The expiration of the term of existence of the Company.
15
(c) The written agreement of all Members to dissolve the Company.
(d) The sale or other disposition of substantially all of the Company assets.
(e) Entry of a decree of judicial dissolution pursuant to California
Corporations Code section 27351
9.2. On the dissolution of the Company, the Company shall engage in no further
business other than that necessary to wind up the business and affairs of the Company.
The Members who have not wrongfully dissolved the Company shall wind up the affairs of
the Company. The Persons winding up the affairs of the Company shall give written Notice
of the commencement of winding up by mail to all known creditors and claimants against
the Company whose addresses appear in the records of the Company. After paying or
adequately providing for the payment of all known debts of the Company (except debts
owing to Members) the remaining assets of the Company shall be distributed or applied in
the following order of priority:
(a) To pay the expenses of liquidation.
(b) To repay outstanding loans to Members. If there are insufficient funds to
pay such loans in full, each Member shall be repaid in the ratio that the Member's
respective loan, together with interest accrued and unpaid thereon, bears to the total of all
such loans from Members, including all interest accrued and unpaid on those loans. Such
repayment shall first be credited to accrued and unpaid interest due and the remainder
shall be credited to principal.
(c) Among the Members in accordance with the provisions of Article IV,
section 4.7.
9.3. Each Member shall look solely to the assets of the Company for the return
of the Member's investment, and if the Company property remaining after the payment or
discharge of the debts and liabilities of the Company is insufficient to return the investment
of any Member, such Member' shall have no recourse against any other Members for
indemnification contribution, or reimbursement.
ARTICLE X: ARBITRATION
10.1. Any action to enforce or interpret this Agreement or to resolve disputes in
any way arising out of this Agreement shall be resolved by binding arbitration in
accordance with the provisions of the California Code of Civil Procedure Section 1280 et
seq.) Any party may commence arbitration by sending a written demand for arbitration to
the other parties. Such demand shall set forth the nature of the matter to be resolved by
arbitration. Arbitration shall be conducted at Chico, California. The substantive law of the
State of California shall be applied by the arbitrator to the resolution of the dispute. The
parties shall share equally all initial costs of arbitration. The prevailing party shall be
entitled to reimbursement of attorney fees, costs, and expenses incurred in connection with
the arbitration. All decisions of the arbitrator shall be final, binding, and conclusive on all
parties. Judgment may be entered upon any such decision in accordance with applicable
law in any court having jurisdiction thereof.
16
ARTICLE XI: GENERAL PROVISIONS
11.1. This Agreement constitutes the whole and entire agreement of the parties
with respect to the subject matter of this Agreement, and it shall not be modified or
amended in any respect except by a written instrument executed by all the parties. This
Agreement replaces and supersedes all prior written and oral agreements by and among
the Members or any of them.
11.2. This Agreement may be executed in one or more counter parts, each of
which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
11.3. This Agreement shall be construed and enforced in accordance with the
internal laws of the State of California. If any provision of this Agreement is determined by
any court of competent jurisdiction or arbitrator to be invalid, illegal, or,unenforceable to any
extent, that provision shall, if possible, be construed as though more narrowly drawn, if a
narrower construction would avoid such invalidity, illegality or unenforceability or if that is
not possible, such provision shall, to the extent of such invalidity, illegality, or
unenforceability, be severed, and the remaining provisions of this Agreement shall remain
in effect.
11.4. This Agreement shall be binding on and inure to the benefit of the parties
and their heirs, personal representatives, and permitted successors and assigns.
11.5. Whenever used in this Agreement, the singular shall include the plural, the
plural shall include the singular, and the neuter gender shall include the male and female
as well as a trust, firm, company, or corporation, all as the context and meaning of this
Agreement may require.
11.6. The parties to this Agreement shall promptly execute and deliver any and all
additional documents, instruments, notices, and other assurances, and shall do any and all
other acts and things, reasonably necessary in connection with the performance of their
respective obligations under this Agreement and to carry out the intent of the parties.
11.7. Except as provided in this Agreement no provision of this Agreement shall
be construed to limit in any manner the Members in the carrying on of their own respective
businesses or activities.
11.8. Except as provided in this Agreement, no provision of this Agreement shall
be construed to constitute a Member, in the Member's capacity as such, the agent of any
other Member. Each Member represents and warrants to the other Members that the
Member has the capacity and authority to enter into this Agreement.
11.10. The article, section, and paragraph titles and headings contained in this
Agreement are inserted as matter of convenience and for ease of reference only and shall
be disregarded for all other purposes, including the construction or enforcement of this
Agreement or any of its provisions.
11.11. This Agreement may be altered, amended, or repealed only by a writing
signed by all of the Members.
17
11.12. Time is of the essence of every provision of this Agreement that specifies a
time for performance.
11. 13. This Agreement is made solely for the benefit of the parties to this
Agreement and their respective permitted assigns, and no other person or entity shall have
or acquire any right by virtue of this Agreement.
11.14. The Members intend the Company to be a limited liability company under
the Act. No.member shall take any action inconsistent with the express intent of the parties
to this agreement.
11.15. Counsel to the company may also be counsel to any Manager or any
Affiliate of a Manager and all Members and Managers, by signing this Agreement,
irrevocably waive any and all claims in any way arising out of any actual or potential
conflict of interest of any such attorney. The Managers may execute on behalf of the
Company and the Members any consent to the representation of the Company that
counsel may request pursuant to the California Rules of Professional Conduct or similar
rules in any other jurisdiction ("Rules").
IN WITNESS WHEREOF, the parties have executed or caused to be executed this
Agreement as of the day and year first above written.
MEMBERS: IgE
The West Family Trust of
September 24, 2002 P0 spg olark P. est, an individual
E. M. West, Trustee
Consent of Spouses
The undersigned, KIMBERLEY WEST as the lawful wife of Mark P. West named in the
foregoing agreement, and PATRICIA A WEST, as the lawful wife of E. M. West [and co-
trustee] of the West Family Trust of September 24, 2002, named in the foregoing
Agreement, after having had full and reasonable opportunity to consult with legal counsel
of my own choosing, do hereby ratify and consent to the foregoing Agreement and, for
good a valuable consideration the receipt of which is hereby acknowledged, do hereby
promise and agree never to contest the Agreement nor to assert any right or claim arising
under the Agreement as against the Company named therein nor as against any Manager
or Member of the Company except for any right which may be lawfully conveyed to me by
my spouse or which may be transferred to me by + �1iie death or incapacity of my
spouse. �►
KinV6rley West t151Patricia A. West
18
EXHIBIT A
(Operating Agreement of Tuscan Ridge Associates, LLC)
The undersigned Members, constituting 75% in capital interest of the Members of the Company
do hereby appoint the person named below as the Third Party Fiduciary as prescribed in Section
5.11 of the foregoing Operating Agreement.
Third Party Fiduciary: Carl B. Leverenz, Esq.
Address 515 Wall Street
Chico, CA 95928
Telephone 530 895-1621
O
Dated: PS`, j, # Lam$
P
By: By - S1GN
E. M. West, (Trustee) Member Mark P. est, Mem er
The Third Party Fiduciary named above is hereby replaced by:
Third Party Fiduciary: '
Address
Telephone
Dated:
By: By
E. M. West, (Trustee) Member Mark P. West, Member
The Third Party Fiduciary named above is hereby replaced by:
Third Party Fiduciary:
Address
Telephone
Dated:
By:. By
E. M. West, (Trustee) Member Mark P. West, Member
19
Butte County Department of Development Services ° �TrF0
TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0
0 0
7 County Center Drive
Oroville, CA 95965 0 --_ o
(530) 538-7601 Telephone c�I/Ny
(530)538-7785 Facsimile
www.buttecounty.net/dds
www.buttegeneralplan.net
ADMINISTRATION * BUILDING * PLANNING
April 17, 2007
Tuscan Ridge Association, LLC
P.O. Box 6414
Chico, CA 95927
Re: A pre-development review of a proposed residential subdivision. The proposal includes 110
single-family lots and 50-multi-family units adjacent to the Tuscan Ridge Golf Course. The
project site is comprised of two APN 040-520-100 and 040-520-103 totaling approximately
163 acres. The residential development will be located on approximately 27 of the"163
acres. The project proposes to be developed in phases and include a community wastewater
treatment and disposal system, an onsite wastewater detention facility and a community
water system.
Attendees:
Mo West, Tuscan Village Doug Fogel, BC Environmental Health
Mark West, Comm Construction/Tuscan Village Eric Schroth, Department of Public Works
Fred Davis, Fred Davis & Associates Rob Hill, Butte County Ag Department
Jim Stevens,NorthStar Engineering Stacey Jolliffe, Principal Planner
Paul Leete, Leete Homes, Inc Mark Miche_ena, Senior Planner
Craig Erickson, BC Environmental Health
Dear Mr. West:
This letter is intended to provide a summary of the information provided in the Pre-Development
meeting held on April 11, 2007, regarding your proposal for `the Tuscan Ridge Subdivision for
residential development.
Page 1 of 3
The following written comments are included with this letter:
1. Butte County Public Works—Draft conditions
2. Butte County Fire (CDF) Department—Draft Conditions
3. Butte County Department of Environmental Health
4. Butte County Building Division
5. Butte County Assessor's Office
6. City of Chico
7. Chico Unified School District
8. Paradise Irrigation District
9. Butte Local Agency Formation Commission
10. Department of Water Resources
11. Pacific Gas and Electric Company
The following is a brief summary of the comments discussed at the meeting:
Planning -
l. The proposed project would take a General Plan Amendment (GPA) and a Rezone (REZ).
Based on the proposed density and design (lot size), a GPA from Grazing and Open Land to
Low Density Residential and a REZ from Unclassified to Planned Unit Development
(PUD), will be required.
2. There are sensitive biological and cultural areas that were addressed, and mitigated for, the
use permit for the golf course. A biological assessment survey for sensitive, rare or
endangered vascular plants was prepared (by Kingsley Stern). The survey identified island
areas that were protected in the design of the golf course. Staff was unable to locate a copy
of the report. (A new survey will need to be completed, if the original can not be located.)
3. Access to Skyway is problematic. The additional traffic onto Skyway will generate a safety
concern, which may make a traffic signal at the existing entrance a real possibility.
4. The project site is located along Skyway, which is located as a scenic highway. The
development should be designed to reduce visual impacts from Skyway.
5. The legal easement for the Swartz property to the south must be honored and maintained.
6. The old railroad grade runs through this area. Sections of it are disputed as far as ownership.
There is interest in turning the grade into a trail.
Public Works—
1. A preliminary drainage plan will need to be submitted as part of the application.
2. County code (BCC 20-133) does not allow more than 20 lots/parcels on a cul-de-sac. The
project has only one ingress/egress for well over 20 lots/parcels. The project will require
either a secondary access to a county-maintained road (possible emergency access only), or
an exception must be granted (BCC 20-4).
3. Discussion of turn-lanes on Skyway and entrance road.
4. Please review attached draft conditions of approval. Note that draft conditions submitted are
based on preliminary review and based on plans submitted for the Pre-Development
Meeting. The project will be re-evaluated at time of project application submittal.
Page 2 of 3
JI
1
Environmental Health—
1. Information regarding water sources, recharge, use, type of service connections, location of
water sources, treatment facilities, distribution facilities, ownership, management and
operation of water system including maintenance, capital improvements and financing, will
be required for proper analysis during CEQA review.
2. Compliance with the CA Health and Safety Code "Safe Drinking Water Act" is required.
3. Compliance with Butte County subdivision Improvement Standards Chapter 12 and
Appendix 6 applies.
4. Community Septic system/wastewater facility must comply with requirements of the
Regional Water Quality Control Board and Butte County Environmental Health.
5. The County is currently working on an ordinance that may permit the use of wastewater
ponds to address wastewater disposal.
6. The County has a procedure in place that will allow for concurrent Environmental Health
and Planning review of a proposed project. The applicant must sign the appropriate form
that allows the concurrent review and agree with the terms of the form.
California Department of Forestry—
1. A pressurized community water system for fire protection is required.
2. The project is in violation of Fire Safe Regulations 1273.09, dead-end roads. (Not discussed
at the meeting, but is included in CDF comments/draft conditions) -
3. Please review attached draft conditions of approval. Note that draft conditions submitted are
based on preliminary review and based on plans submitted for the Pre-Development
Meeting. The project will be re-evaluated at time of project application submittal.
Agricultural Commissioner—
1. Residential structures shall meet a 300-foot setback from the southern boundary lines of the
project parcels. This includes the proposed caretaker facility for the golf course.
Note that these issues are not exhaustive. During the processing of the actual 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 530-538-7376, or email at mmichelena@buttecounty.net.
Sincerely,.
?aVrkAMichelena
Senior Planner
Cc: Fred Davis
Jim Stevens
Paul Leete
Craig Erickson
Doug Fogel
Rob Hill
Eric Schroth
Enc
Page 3 of 3
Butte County Department of Development Services 0 UTrF0
TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0
0 0
7 County Center Drive °
Oroville, CA 95965
(530) 538-7601 Telephone c�UN'�{
(530) 538-7785 Facsimile
www.buftecounty.net/dds
www.butte-generalplan.net
ADMINISTRATION * BUILDING * PLANNING
April 13, 2007
Attendees for Pre-Development Meeting for Tuscan Ridge Association, LLC
PRED07-0003
Name Agency E-mail
Mo West Tuscan Village emwesthillgsbcglobal.net
Mark West Community Construction/Tuscan Village mwestl5@hughes.net
Fred Davis Fred Davis & Associates fd6724@sbcglobal.net
Jim Stevens NorthStar Engineering istevens@northstarenv,.com
Paul Leete Leete Homes, Inc Iintimpaul(Qsbc4lobal.net
Craig Erickson Butte County Environmental Health cerickson@buttecounty.net
Doug Fogel Butte County Environmental Health dfogel@buttecounty.net
Eric Schroth Butte County Public Works eschroth e,buttecounty.net
Rob Hill Butte County Agricultural Department rhill@buttecoiDty.net
Stacey Jolliffe Principal Planner—Department of siolliffe@buttecounty.net
Services
Mark Michelena Department of Development Services mmichelena@buttecounly.net.net
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PROJECT COORDINATION FORM
DATE of IDR: 4/11/07 PLANNER: Mark Michelena
PROJ. NAME: Tuscan Ridge Association PROJ. NUMBER: D07-0003
TYPE: Completeness of Application APN: 040-520-100
Evaluation
DEPARTMENT COMMENTS READY FOR HEARING?
j PLANNING 113 4a
PUBLIC WORKS
/ENVIRONMENTAL HEALTH
COUNTY COUNSEL
AG.
BUILDING
ASSESSOR
FIRE
G:\ADMINISTRATIOMIDR Agenda\2007 IDR Agendas\PROJECT COORDINATION FORM.doc
California I3ional Water Quality Col oI Board -
Central Valley Region
Karl E.Longley,ScD,P.E.,Chair
Linda S.Adams Redding Office Arnold Schwarzenegger
Secretary for 415 Knollcrest Drive,Suite 100,Redding,California 96002 Governor
Environmental Protection (530)224-4845•Fax (530)224-4857
http://www.waterboards.ca.gov/centraIva11By
20 April 2007
Mr. Mark Michelena
Butte County Department of Development Services
7 County Center Drive
Oroville, CA 95965
REVIEW OF TUSCAN RIDGE ASSOCIATION, LLC, PRED07-0003, BUTTE COUNTY
We have reviewed the above-mentioned project for a proposed residential subdivision at the
Tuscan Ridge Golf Club in Butte County. The proposed project includes the development of
110 single-family lots and 50 multi-family units on 27 acres of a 163-acre golf club. The
project would be developed in phases and include a community wastewater treatment and
disposal system, an onsite storm water detention facility, and a community water system. We
have several comments regarding the project.
Waste Discharge Requirements
The Project's community wastewater disposal system will require Waste Discharge
Requirements (WDR)•issued by the Regional Board. To obtain WDR, the proponent must
submit"ari application called a Report of Waste Discharge•(ROWD) to our office,` Discharge of
wastewater shall"not occur until,140 days after a'complete ROWD is'received;or WDR are
adopted, whichever occurs first.
The application states that wastewater from the development will receive secondary treatment
and will be used to irrigate the golf course during the summer and stored during winter.
Title 22 of the California Code of Regulations states that recycled water used for surface
irrigation of unrestricted access golf courses must be disinfected tertiary recycled water. Soils
at the site are minimal and the potential for treated wastewater and storm water runoff is high.
Storage of wastewater over the winter months may not be a practical option since construction
of new wastewater ponds is currently banned in Butte County and storage in tanks would
require a significant storage volume. Wastewater stored during the winter would need to be
treated to Title 22 standards before use on the golf course. The Regional Board also strongly
encourages the formation of a County Service Area (CSA) as opposed to a Homeowner's
Association.
The.Tuscan Ridge Golf Club currently has WDR through this office for discharge of
wastewater (associated'with golf course operation) to storage tanks and an overland flow-
`system.` ,The*•Discliarger has yet to complete tasks requested by'the Regional Board for; ` � +
discharge'to the overland`flow area.
Sanitary Sewer Systems General Order
The State Water Resources Control Board adopted Statewide General WDR for Sanitary
Sewer Systems, Water Quality Order No. 2006-0003 (Sanitary Sewer Order) on 2 May 20�UNM
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California Environmental Protection Agency APR Z.4,2W
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Mr.'Mark Michelena - 2 - 20 April 2007
Butte County Department of _—elopment Services
All public agencies that own or operate a sanitary sewer system that is comprised of more
than one mile of pipes or sewer lines which conveys wastewater to a publicly owned treatment
facility must apply for coverage under the Sanitary Sewer Order.
Construction Storm Water Permit
In order to protect water quality during development activities, appropriate storm water
pollution controls will be required during construction. If construction activities result in a land
disturbance of one or more acres, the project will need to be covered under the General
Construction Storm Water Permit (Order No. 99-08-DWQ). The permit requires that a Storm
Water Pollution Prevention Plan (SWPPP) be prepared prior to construction activities. The
SWPPP is used to identify potential pollutants (such as sediment and earthen materials,
chemicals, building materials, etc.) and to describe best management practices that will be
employed at the site to eliminate or reduce those pollutants.from entering surface waters. The
Construction Storm Water Permit.is administered by the State Water Resources Control Board
(State Board) and the.Regional Water Quality Control Boards (Regional Boards). The
applicant may contact Mr..Scott Zaitz in this office at (530) 224-4784, for further information
regarding the Construction Storm Water Permit.
Army Corps of Engineers, State Water Quality Certification
The proposed project may require a §404 permit from the U.S. Army Corps of Engineers and
§401 Water Quality Certification from the State Board. The Federal §404 permit is required
for activities involving a discharge (such as fill or dredged material) to waters of the United
States. "Waters" include wetlands, riparian zones, streambeds, rivers, lakes, and oceans.
Typical activities include any modifications to these waters, such as stream crossings, stream
bank modifications, filling of wetlands, etc. These projects also require a water quality
certification (per Section §401 of the Clean Water Act) verifying that the project does not
violate State water quality standards. The §404 permit and water quality certification must be
obtained prior to site disturbance. An application for §401 Water Quality Certification from the
State Board is available from our office. The applicant may contact Mr. Scott Zaitz at
(530) 224-4784, for further information on §401 Water Quality Certification.
If you have any questions regarding the information above, please contact me at
(5301224-3249 or at the letterhead address.
'V l
Jacqueline M. Matthews
Environmental Scientist
JMM: reb
cc: Mo West, Paradise
Mark West, Chico
Northstar Engineering, Chico
Buddy Nottingham, Chico
UAClerical DocumentslSA—Con'espondence\Matthews Aapri107\Tuscan Subdivision PRED07-0003,13 April 07.doc
California Environmental Protection Agency
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BUTTE COUNTY
STANDARD CONDITIONS FOR
TENTATIVE SUBDIVISION MAP
APPLICANT: Tuscan Ridge Association, LLC DATE: 3/22/2007
AGENT: <undefined value> APN: 040-520-100-
FILE #: PRED07-0003 PLANNER: Mark Michelena
PROJECT DESCRIPTION: A pre-development review a proposed residential subdivision.
The proposal includes 110 single-family lots and 50-multi-family units adjacent to the Tuscan
Ridge Golf Course. The project site is comprised of two APN 040-520-100 and 040-520-103
totaling approximately 163 acres. The residential development will be located on
approximately 27 of the 163 acres. The project proposes to be developed in phases and
include a community wastewater treatment and disposal system, an onsite detention facility
and a community water system.
The project site is located on the southeast and southwest corners of intersection of Skyway
and Santa Rosa Road, approximately 4.3 miles east of Chico.
Those items checked are conditions of approval.
PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH
THE FOLLOWING CHECKED CONDITIONS:
A. STREETS 1D - `gsffi
d �
❑
I. 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: "approved road name is a
non-exclusive easement for ingress, egress, road and public services purposes, to be reserved in
deeds and is hereby offered for dedication to the County of Butte."
❑ 3. Prior to the recordation of the Final Map, demonstrate to the Department of Public Works that there
is approved access conforming to County Code to each parcel from a publicly maintained road.
❑ 4. Prior to or concurrently with the recordation of the Final Map, Deed to Butte County in fee simple
feet of right-of-way from the centerline of I along the er_tire 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 11 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.
❑ 8. Prior to recordation of the Final Map, obtain an encroa-,hment permit and improve all new and
existing driveway approaches to publicly maintained road3 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-
18 road approach, left turn pocket and acceleration lanes in accordance with County Improvement
Standards. Adequate sight distance at the intersection of access road and Skyway shall be provided.
Right-of-way required for construction of road approach and roadside drainage shall be provided.
® 10. Provide a cul-de-sacs 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 full street section on interior streets to an RS-3B geometric
standard. Minimum structural section to be 3" AC, and 12" 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.
Form a Zone of Benefit or other approved maintenance entity within the county's Permanent Road
Division for operation and maintenance of interior street and storm drain facilities.
® 12. Prior to the recordation of the Final map, construct, or provide a performance bond and labor and
material bond for the construction of a full street section on interior streets to an RS-3B geometric
standard with rolled curb, gutter, and sidewalk and 3"AC, and 12"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.
Form a Zone of Benefit or other approved maintenance entity within the county's Permanent Road
Division for operation and maintenance of interior street and storm drain facilities.
❑ 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 J LD J and access road to
parcel being divided to RS J LDI County Improvement Standards. (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. 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.
® 16. Provide traffic circulation in conformance with Butte County Code 20-133.
❑ 17. Prior to recordation of the Final Map, construct or provide a performance bond and labor and
material bond for the construction of a landscaping strip within the public right-of-way adjacent to
parcels 1. Submit design to Land Development Division for approval prior to construction. The
Developer must complete the formation of a County Service Area (CSA) or other Department of
Public Works approved maintenance entity for landscaping prior to recordation of the Final Map.
The maintenance entity 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 maintenance
entity, and agree to an annual maximum service charge to ensure continued maintenance of the
facilities.
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 Zone of Benefit within a Permanent Road Division 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
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. Place a note on a separate document which is to be recorded concurrently with the map or on an
additional map sheet of the Final Map regarding�.
BUTTE COUNTY
STANDARD CONDITIONS FOR
TENTATIVE SUBDIVISION MAP
APPLICANT: Tuscan Ridge Association, LLC DATE: 3/22/2007
AGENT: <undefined value> APN: 040-520-100
FILE #: PRED07-0003 PLANNER: Mark Michelena
PROJECT DESCRIPTION: A pre-development review a proposed residential
subdivision. The proposal includes 110 single-family lots and 50-multi-family units
adjacent to the Tuscan Ridge Golf Course. The project site is comprised of two APN 040-
520-100 and 040-520-103 totaling approximately 163 acres. The residential development
will be located on approximately 27 of the 163 acres. The project proposes to be developed
in phases and include a community wastewater treatment and disposal system, an onsite
detention facility and a community water system.
The project site is located on the southeast and southwest corners of intersection of Skyway
and Santa Rosa Road, approximately 4.3 miles east of Chico.
Those items checked are conditions of approval.
PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR
COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS:
S. FIRE CLEARANCE �q r
X 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_500_feet, hydrant size_6 inches, and
residual fire flow of _2,000 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.
❑ 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.
X 6. Place a note on a separate document,which is to be recorded concurrently with the Parcel
or Final map, or on an additional map sheet stating, "Building identification and/or
addresses shall be installed in conformance with Public Resources Code 4290 and shall
be posted at the time of permit issuance and maintained continuously thereafter.
X 7. Violation of BCC 20-133
X 8. Violation of
1273.09.Dead-End Roads
(a)The maximum length of a dead-end road, including all dead-end roads accessed from the dead-end
road, shall not exceed the following cumulative lengths, regardless of the numbers of parcels served:
parcels zoned for less than one acre 800 feet
parcels zoned for 1 acre to 4.99 acres 1,320 feet
parcels zoned for 5 acres to 19.99 acres 2,640 feet
parcels zoned for 20 acres or larger 5,280 feet
Page 1 of 1
Michelena, Mark
From: Erickson, Craig
Sent: Monday, April 16, 2007 7:34 AM
To: Michelena, Mark; Fogel, Doug
Subject: RE: PRED07-0003 -Tuscan Ridge
The following items represent a summary of the discussion at the predevelopment conference regarding the
proposed public water system. The discussion points are general in nature.
1. The water system appears to less than 200 service connections which means that the local Health Dept.
regulates it. Systems with greater than 200 service connections (meters) are regulated by the California
Department of Health Services, Division of Drinking Water and Environmental Management.
2. Information should be available at the environmental review stage to insure compliance with CEQA with
regards to source capacity, recharge, water use, type of service connections anticipated, map showing
location of water sources, treatment facilities and major distribution facilities, organizational chart showing
the relationship of all persons responsible for managing and operating the system, a plan for hiring training,
and certification for treatment and distribution operators of the system, a specific budget plan showing all
anticipated sources of revenue and all anticipated water system expenditures for a 5 year period., plan for
providing funds for emergencies reserves, capital improvement, and equipment maintenance and
replacement. etc.
3. Source water information to include type and location of sources(s), auxillary supplies and available
backup power.
4. Details on ownership of the proposed system. Will it be a mutual water corporation?
5. Compliance with the CA Health and Safety Code"Safe Drinking Water Act'
6. Compliance with Butte County Subdivision Improvement Standards Chapter 12 and Appendix 6.
7. Proposed system to comply with Waterworks standards (Title 22 and Title 17)with regard to source
capacity and storage.
8. Proposed system must meet the technical, managerial, and financial requirements CA HSC section
116540. Some of these elements are required at time of application as stated above.
9. Permit(Engineers) report is required, including a Drinking Water Source Assessment Program (DWSAP).
Thank you for the opportunity to meet and please call or reply if I can be of assistance.
Craig Erickson
Deputy Director
Butte County Env. Health
From: Michelena, Mark
Sent: Friday, April 13, 2007 10:51 AM
To: Fogel, Doug; Erickson, Craig
Subject: PRED07-0003 -Tuscan Ridge
Doug and Craig,
Good morning and happy Friday! Could I please get written comments regarding your concerns/requirements
discussed at the pre-development meeting of the Tuscan Ridge TSM (PRED07-0003)? Thank you and have a
nice weekend.
Mark Michelena
Department of Development Services
Planning Division
4/16/2007
Page 1 of 1
Michelena, Mark
From: Nelson, Carl
Sent: Wednesday, April 11, 2007 10:10 AM
To: Michelena, Mark
Cc: Rutherford, Scott
Subject: PRED07-0003: APN 040-520-100 &103 Tuscan Ridge Association,LLC
Mark,
There is an unfinaled permit on parcel, 040-520-103. It is building permit number, 02-0054, and was renewed
as building permit number 03-1520, both of these are not finaled.
No Certificate of Occupancy has been issued.
Last Building Division field inspection was conducted, September 12, 2003.
This permit will need to be finaled. Scott Rutherford, Manager, Building Division, Department of Development
Services, will need to review this building permit for determination of wha:will be required because it is an expired
building permit.
File reference history (on exterior front file folder) and this e-mail are scanned in Trakit chronology.
The Building Division file is combined for both AP Numbers representing these two parcels.
Sincerely,
Carl Nelson
4/11/2007
Page 1 of 1
Michelena, Mark
From: Lightell, Sue
Sent: Monday, April 02, 2007 3:42 PM
To: Michelena, Mark
Subject: Request for Comments for Tuscan Ridge PRED07-0003, Parcels 040-520-100, 103
We have a problem with the tax rate areas for this development. Parcel 040-520-100 is in TRA 062-016. Parcel
040-520-103 is in 062-008. As the subdivision, as drawn, is crossing these tax rate area boundary lines, this
problem will need to be resolved prior to the tax deposit process.
Sue Lightell
Assessor Mapping Dept.
I
4/9/2007
Michelena, Mark
From: Rob Peters [RPeters@ci.chico.ca.us]
Sent: Thursday, April 05, 2007 2:29 PM
To: Michelena, Mark
Subject: Tuscan Ridge Association, LLC, PRED07-0003, APN 040-520-100
City of Chico comments are as follows:
1. Buildings should be finished with a natural color to respect foothill views.
2. Chico State is proposing a Paradise to Chico bike route plan. Project should attempt
to incorporate the future proposal and dedicate a ROW that is away from Skyway. For
details of the project please contact Pam Figge at Fpigge@aol.com
Robert Peters
Assistant Planner
Planning Services Department
City of Chico
(530) 879-6808
1
ASchoot
Administrative Offices 330/898-3000
1163 E. Seventh Street fax 891-3220
Chico,CA 93928-3999 -,v\vcucusd.chico.k12.ca.us
Facilities Development (530) 891-3140
2455 Carmichael Dr. Fax: (530) 891-3190
Chico, Ca. 95928
April 5, 2007
Mark Michelena
Butte County Planning Division
7 County Center Drive
Oroville, CA 95965
RE: Request for Comments-Tuscan Ridge Association
APN: 040-520-100
Dear Mr. Michelena:
District representatives have reviewed the information contained in your memorandum dated March 29,
2007, regarding the above referenced subdivision. It has been determined that the proposed project will
negatively impact Chico Unified School District.
With the passage of Proposition 1A, the District no longer has the ability to impose full mitigation on
proposed development in order to house students generated from that development. The District is feeling
the impact of California's budget crisis. The District has also been experiencing declining enrollment at
certain elementary schools while other schools in growth areas remain at full capacity. In light of budget
constraints the District is in the process of consolidating some elementary schools, however the senior high
schools are filled to capacity.
Little Chico Creek Elementary School, Hank Marsh Junior High School and Chico Senior High School will
serve the proposed subdivision. Due to the consolidation of some elementary schools, Little Chico Creek
Elementary School may be unavailable to students from this subdivision. It may be necessary to
accommodate some or all of the students of this subdivision at other District elementary schools.
While housing of students is an issue, the District's primary concern has become the safety of students
walking and/or biking to and from school. Due to the nature of the traffic on the Skyway, walking and/or
biking is not feasible from this site. The District is requesting that the County require the Developer to
develop a bus pick up/turn around zone within the development. This area will be 60' in length and 93' in
depth.
In summary, the District will provide interim school housing for students and is not opposed to approval of the
development provided that said approval is contingent on the payment of school impact fees as specified by
the District and adequate paths of travel for students.
If you have any questions or need additional information, please feel free to contact me at 891-3209.
Sincerely,
i!� r
Michael Weissenborn, Manager
Facilities Planning
7.3�JTTr''
MW/db C'OV"N' „yr,
APR 1 12007
DEVELOPMENT
SERVICES
♦ EST.I91y
PARADISE IRRIGATION DISTRICT
5325 Black Olive Drive P.O.Box 2409 Paradise,Califomia 95967 530.877.4971 • Fax 530.876.0483
i 1
RUa1E
COUNTY
April 13, 2007 APR 16 2007
DE VELOpMENT
SERVICES
Town of Paradise
Attention: Kari Eurotas
5555 Skyway
Paradise, CA 95969
Subject: Tuscan Ridge Association Residential Subdivision Pre-development
Review, Butte County Department of Development Services PRED07-
0003, Skyway and Santa Rosa Road, APN 040-520-100.
Dear Kari:
Thank you for the opportunity to review the above referenced subdivision project.
Paradise Irrigation District (PID) has reviewed the application materials. PID would be
willing to discuss with the developer the possibility of operating and maintaining the water
system for the proposed project if it is built to PID standards.
Please contact me at 877-4971 if you have any questions or comments regarding this
matter.
Sincerely,
Neil J. Essila
Assistant Engineer
cGZ --Maar-k Nlichelena;Butte-County-Planning:Division=
Tuscan Ridge Association, LLC.
BUTTE LOCAL AGENCY FORMATION COMMISSION
1453 Downer Street, Suite C 0 Oroville, California 95965-4950
(530)538-7784 • Fax (530)538-2847 • www.buttelafco.org
MEMORANDUM
GITE j, P�`
TO: Mark Michelena, Senior Planner, Butte County Planning Division
FROM: Stephen Betts, Senior Planner
SUBJECT: PRED 07-0003 —Tuscan Ridge Association,LLC
DATE: April 9, 2007
The affected parcels are located within the boundaries of the following local agencies:
APN 040-520-103 (TRA 062-008):
1. Butte County Mosquito and Vector Control District
2. Chico Area Park and Recreation District
3. Chico Unified School District
4. Butte Community College District
5. CSA No. 164 (Animal Control)
6. Butte County Resource Conservation District
APN 040-600-071 (TRA 062-016):
1. Butte County Mosquito and Vector Control District
2. Paradise Park and Recreation District
3. Chico Unified School District
4. Butte Community College District
5. CSA No. 164 (Animal Control)
6. Butte County Resource Conservation District
I
NOTE: 1. PLEASE DIRECT TO LAFCO A COPY OF THE ADVISORY AGENCY
PUBLIC HEARING NOTICE AND STAFF REPORT FOR THIS
PROJECT WHEN COMPLETED.
2. PURSUANT TO CEQA GUIDELINES SECTION 15073, PLEASE
PROVIDE TO LAFCO AS AN ANTICIPATED RESPONSIBLE AGENCY,
THE NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION
WITH A COPY OF THE PROPOSED NEGATIVE DECLARATION AND
INITIAL STUDY ATTACHED.
Mark Michelena
April 9,2007
Page 3 of 2
Based upon the above policies, LAFCO may have a difficult time making the affirmative
findings to approve any action (SOI amendment/update, annexation, creation of new
special district)that may be required for the proposal.
2. If urban type services (e.g., domestic water, sewer, landscaping, street lighting, drainage,
fire protection, etc.) for the new development are proposed to be provided through
annexation to an existing local•agency or by a formation of a new local agency such as a
county service area (CSA) or a community service district (CSD), LAFCO, as the
authorizing agency, should be consulted early to allow for a meaningful analysis of the
issue prior to County consideration of the development application. This early
coordination will allow for the anticipated LAFCO ae ion to be fully integrated into the
project review process and should result in the proposal being:
A. Fully described in the project description;
B. Fully addressed in the appropriate environmental documents;
C. Circulated to LAFCO for review as an agency with an approval role; and
D. Fully integrated into the public hearing process.
The absence of this early coordination and failure to address the LAFCO related issues
as described will require additional environmental review and related studies at such
time an annexation/formation is requested resulting in unnecessary costs and delays. It
should be understood that such a request would be reviewed based on state law and local
LAFCO policies which are clearly directed at maximizing service efficiencies,
minimizing the creation of new governmental entities, limiting urban sprawl and
directing new development to areas with existing urban service providers.
3. Due to the potential for numerous, significant environmental impacts, the County should
require that an Environmental Impact Report be prepared for the proposal.
4. Some of the proposed parcels appear to be divided by a line of assessment between Tax
Rate Areas 062-008 and 062-016. The proposed parcels should be configured so that no
parcel would cross a line of assessment: The Butte County Assessor's Office may refuse
to sign off on the final subdivision map should parcels cross lines of assessment.
These comments are preliminary based on the general project descriptions provided. LAFCO
will review the project in greater detail during the CEQA review process. If you have any
questions please contact me at your convenience.
Mark Michelena
April 9,2007
Page 2 of 2
Thank you for the opportunity to review the above referenced project. While LAFCO has no
specific land use jurisdiction over this project located in the unincorporated area of the County,
we do have concerns regarding the nature of the development proposal. LAFCO has a
fundamental responsibility pursuant to §56000 to discourage urban sprawl, preserve open space
and prime agricultural lands, ensure the efficient delivery of governmental services, and
encourage the orderly formation of local agencies. With this legislative charge, please consider
the following comments at this preliminary stage in the project review.
1. The proposed project encompasses 27± acres of agricultural and open space lands
between the City of Chico and the Town of Paradise, but is not within the Sphere of
Influence or Urban Area of either of these cities. These lands are currently zoned for
agricultural uses and are designated as Grazing and Open Lands by the Butte County
General Plan. This project would alter the land use and may place the project in direct
conflict with adjacent lands designated for grazing purposes. This type of development is
customarily described as "leapfrog" development and is inconsistent with the LAFCO
responsibility to discourage urban sprawl. It would be very difficult at this stage to
consider the extension of urban development and related services to a rural environment
as efficient and orderly. The following LAFCO Policies apply to the proposal:
2.3.1 Urban Development.
LAFCO will encourage proposals that result in urban development to include
annexation to a city wherever reasonably possible, and discourage proposals for
urban development without annexation to a city. LAFCO will also encourage
cities to annex lands that have been developed to urban levels as defined below,
particularly areas that receive city services.
2.6 Compact Urban Form and Infill Development Encouraged.
When reviewing proposals that result in urban development, LAFCO will
consider whether the proposed development is timely, compact in form and
contiguous to existing urbanized areas. LAFCO will favor development of vacant
or under-utilized parcels already within a city or other urbanized area prior to
annexation of new territory. However, the Butte LAFCO recognizes that under
certain circumstances the redevelopment of underutilized land and infill parcels
are subject to the desires of the property owners necessitating the annexation of
vacant lands on the periphery of the city boundaries.
2.7 Adequate Services.
LAFCO will consider the ability of an agency to deliver adequate, reliable and
sustainable services, and will not approve a proposal that has significant potential
to diminish the level of service in the agency's current jurisdiction. The agency
must provide satisfactory documentation of capacity to provide service within a
reasonable amount of time.
STATE OF CALIFORNIA-THE RESOURCES AGENCY ARNOLD SCHWARIENEGGER,Govemor
DEPARTMENT OF WATER RESOURCES BUTTE
1416 NINTH STREET,P.O.BOX 942836 COMY
SACRAMENTO,CA 94236-0001
(916)653-5791 APR 0 9 2007 ;'
',0 d
DEVEL,OPMKNT
SE CES
APR 0 6 1001
Mr. Mark Michelena
Butte County Planning Division
7 County Center Drive
Oroville, California 95965
Dear Mr. Michelena:
Thank you for allowing the Department of Water Resources (DWR) the
opportunity to review the proposed development of a residential subdivision
adjacent to the Tuscan Ridge Golf Course. The proposal calls for 110 single-
family lots and 50 multiple-family units off of Skyway Parkway, approximately 4.3
miles east of Chico, Butte County.
The project is.located approximately 14 miles west of DWR's Lake Oroville and is
outside the watershed of Lake Oroville. The project is also approximately 23
miles north of DWR's Thermalito Afterbay and separated by several local
tributaries which eventually drain into Hamlin Slough and Butte Creek.
The proposal indicates construction of a community wastewater treatment and
disposal system, an onsite detention facility, and a community water system.
Because the proposed development will have no direct impact on any DWR
State Water Project facilities, DWR offers no opinion on the development, and
defers comments on the proposal regarding the storm water runoff and
wastewater drainage to the.State Water Resources Control Board, Central Valley
District.
Sincerely,
Linus A. Paulus,,-
Associate Land Agent ,.
i
.y
350 Salem Street Don Chambers ,ten
Pacific Gas and Chico,CA 95928 Technical and Land Services
& 'Electric Company 530/896-4257 Chico Office
FAX 530/896-4254
March 30, 2007
Mark Michelena COURW
Butte County APR 0 4 1007
Department of Development Services
7 County Center Drive DEV�LIT
Oroville, CA 95965
SEICVIC)�'S
RE: Pre-Development Review, (Tuscan Ridge Subdivision)
FILE: PRED 07-0003, APN: 040-520-100 & 103
Dear Mr. Michelena:
PG&E has reviewed the subject exhibit map.
PG&E owns and operates a high voltage electric transmission pole line that extends through the
subject proposed subdivision within an easement granted to Valley Counties Power Company,
(Predecessor Company to PG&E), dated December 18, 1905, and recorded in Book 90 of Deeds at
Page 140, Butte County Records.
Due to the potential growth and demand for additional electric power in the greater Chico/Butte
County area, and in order to meet that demand, it is likely that PG&E will need-to upgrade this pole
line to handle additional electric load in the future. This could include,but not be limited to,
replacing the current poles with larger poles that can handle larger wires to transmit7more electricity
to serve the greater Chico/Butte County area. This would necessitate keeping our easements
completely clear for total build out of any upgrades in capacity work.
It is with this in mind that PG&E opposes a subdivision design that places our easements (not just
the poles) overhanging inside the residential lots of a subdivision. Having adequate access and
clearances in order to get crews and equipment(heavy line trucks) to perform emergency repairs and
or routine maintenance is paramount. History has taught us that this type of design has caused
nothing but problems in properly maintaining and or upgrading our facilities in dealing with
encroachments from private property owners. Such encroachments can include swimming pools,
sheds and or structures, and the need to constantly trim and or cut down trees. Even though our
easement rights spell out our right to prohibit and rectify these things, it still leaves the individual
property owners upset, when they find out they cannot do these things within our easement or that
they have to remove their encroachments, which can get costly.
Subdivision designs that have proven to be both workable and compatible have included our
transmission easements inside a greenbelt/open space/bike path scenario. With adequate protection
of our poles, designing streets or roads in conjunction with our easements has also worked in some
cases.
,:1 .,
It appears that the current design incorporates portions of these scenarios, but not to the total extent
necessary throughout the entire length of the project. It appears there will be conflicts with portions
of Lots 70 thru 75.
The issue of trees comes up often. PG&E requires that any tree planted underneath the overhead
lines be of a variety that will grow no taller than 15 to 20 feet at maturity. Trees that are chosen to be
planted outside of, or at the edges of an easement, should be of a variety that their mature height and
spread will not grow into the overhead lines.
Prior to any grading plan approved for this project PG&E needs to review such changes in grade to
assure that sufficient ground clearance will be maintained within our easement and under the
overhead high voltage lines.
Please dedicate all access roads/streets for Pubic Utilities, along with a 10 foot wide Public
Utilities Easement along all street front lot footages, (behind sidewalks if applicable).
SUBDIVISION OF PREMISES: When PG&E's Electric or Gas Service Facilities are located on
private property and such private property is subsequently subdivided into separate Premises with
ownership divested to other than Applicant or customer, the subdivider is required to provide PG&E
with adequate rights-of-way satisfactory to PG&E for its existing,facilities and to notify property
owners of the subdivided Premises of the existence of the rights-of-way.
When adequate rights-of-way are not granted as a result of the property subdivision, PG&E shall
have the right, upon written notice to Applicant, to discontinue service without obligation or
liability. The existing owner, Applicant, or customer shall pay to PG&E the total estimated cost of
any required relocation or removal of PG&E's facilities. A new service will be re-established in
accordance with the provisions for new service and the provisions of any other applicable PG&E
rules.
Any relocation or rearrangement of any existing PG&E facilities to accommodate this project will be
at the developers/applicants expense. There shall be no building of structures, or the storage of any
materials allowed over or under any existing PG&E facilities, or inside our easements that exist
which infringe on PG&E's easement rights.
Thank you for the opportunity to review this matter. If you have any questions,please call me in
Chico at 896-4257.
Sincerely,
Donald W. Chambers
Land Agent
(file: PRED07-0003.doc)
2
Butte County Depa► ent of Development Servic UTr
TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o� �0
0 0
7 County Center Drive o 0
Oroville,CA 95965 0
(530)538-7601 Telephone o °t o
(530)538-7785 Facsimile cOUN'�y
April 2,2007
To: Inter-Departmental Review Committee
Subject: Evaluation and Completeness of Application
Applicant: Tuscan Ridge Association,LLC,PRED07-0003
Planner: Mark Michelena
APN: 040-520-100
Location: A pre-development review a proposed residential subdivision. The proposal includes
110 single-family lots and 50-multi-family units adjacent to the Tuscan Ridge Golf
Course. The project site is comprised of two APN 040-520-100 and 040-520-103
totaling approximately 163 acres. The residential development will be located on
approximately 27 of the 163 acres. The project proposes to be developed in phases
and include a community wastewater treatment and disposal system,an onsite
detention facility and a community water system.
The project site is located on the southeast and southwest corners of intersection of
Skyway and Santa Rosa Road,approximately 4.3 miles east of Chico.
30-Day Complete April 20,2007
Date of IDR April 11,2007
This application is being provided to you for comments. Please see attached documents. A hard copy of the
application, including maps, has been sent to Environmental Health, Building Manager, LAFCo, Agricultural
Commission,Public Works,Assessor, and CDF. All Environmental Health.correspondence is routed through Karen
Frederick at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the
completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting
on 4/11/07.
Do you find this application complete?
❑ NO. Please respond prior to or at the IDR meeting,regarding comileteness of application. What is needed
to make the application complete?
X YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR
meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more
than 1 week after the meeting.
Standard Conditions are attached for your convenience.
(PLEASE SEND YOUR RESPONSE TO: mmichelena@buttecounty.net
Signature: Darren Read Department: CDF
Date: 4/2/07
K:/Planning/Projects/A New File/IDR Memos/IDR Completeness
8/30/05
(4/4/2007 09:37 RCH) (4/4/2007 09:29 RCH)
Ag Element Program 2.2 requires a 300ft agricultural buffer between residential
development and lands designated as OFC/GOL/CLCA and existing agriculture.
Appropriate Ag. Buffers must be annotated on the site.
Proposed configuration appears to incorporate the buffer requirement
r
Page 1 of 2
Michelena, Mark
From: Breedon, Dan
Sent: Thursday, March 29, 2007 9:49 AM
To: Michelena, Mark; Jolliffe, Stacey
Cc: Thistlethwaite, Charles
Subject: FW: Tuscan Ridge PRED07-0003 Standard Conditions TSM
Attachments: Tuscan Ridge PRED07-0003 OR Eval COA.doc; Tuscan Ridge PRED07-0003 Standard
Conditions TSM.doc
Hi Mark, as the planner for the Tuscan Ridge Golf Course, I am familiar with this project.
Housing was never a part of the original submittal of course. There is a lot of information in the
Use Permit file as I am sure you are aware.
1. The tuscan formation at this location is about 700 feet thick with little topsoil. There is
little possibility for conventional sewage systems. In fact, the golf course had a lot of
difficulty in just bringing on a mini-package treatment system on-line. The cost in
trenching is also very high and technically challenging due to the geology.
2. There were sensitive biological and cultural areas that were mitigated through avoidance
in constructing the golf course. You should review the MND for the golf course in light of
the proposed locations for housing.
3. The cost of providing electrical utilities was prohibitively high for the golf course, and
believe they are still operating off generators.
4. Water supply is limited, the Golf Course well is close to 700 feet below the surface I have
been told.
5. Access to the Skyway is problematic, and would need to be funneled into the existing
encroachment. A traffic signal at the existing entrance is a real possibility and expense,
not to mention a disturbance to the flow of traffic on the Skyway. It is unlikely that
another encroachment on the Skyway and related crossover would be allowed.
6. Mitigation Measures were set forth for the Golf Course regarding the protection of scenic
resources, the Skyway is designated with the Scenic Highway zone.
7. There is a legal easement for the Swartz lands to the south of the golf course. This has
to be honored and maintained.
8. The Shooting Range (for which I was the planner as well) is close to the golf courses
northeast end. Housing and related mitigation will have to take into account noise levels,
interior and exterior at this location, if not throughout the entire development. There is a
large amount of noise study information in the Paradise Rod & Gun Club Use Permit file.
Safety issues such as trespass and security need to be addressed with regard to
housing's impact on the shooting range as well.
9. The Town of Paradise is interested in protecting the entire Skyway Viewshed. They
should be invited to the Predevelopment Review Meeting.
3/29/2007
Page 2 of 2
10. The old railroad grade runs through this area. Sections of it are disputed as far as
ownership. There was interest in turning the grade into a trail.
Dan Breedon, AICP, Principal Planner
Butte County Department of Development Services Advance Planning Section
7 County Center Drive, Oroville, CA 95965
Phone: 530-538-7629, Fax: 530-538-5366
Email: dbreedonCa)buttecounty.net
Butte County General Plan 2030 Website:www.buttegeneralplan.net
From: Bonham,Tina
Sent: Thursday, March 29, 2007 8:52 AM
To: Aguila, Michelle; Banner, Brad; Betts, Steve; Breedon, Dan; Castanon, Yvette; Cochran, Ada; Fogel, Doug;
Fowler, Steve; Gillis, Kathy; Jolliffe, Stacey; Kirk, Maureen; Loker, Sally; Lucas, Steve; Nelson, Carl; Read, Darren;
Reimers, Ken; Schroth, Eric; Thistlethwaite, Charles
Subject: Tuscan Ridge PRED07-0003 Standard Conditions TSM
Please review attached documents. They are being provided to you for your comments. Thank you for attention
in this matter.
Commission Clerk
Butte County
Department of Development Services
7 County Center Drive
Oroville, CA 95965
(530) 538-7602 FAX 538-7785
3/29/2007
•�VTTF• _JUTTE COUNTY RECE F Printed: 3/22/2007
12:28 pm
• • 7 County Center Drive
• • Oroville, CA 95965
• • Department of Development Services
Phone(530)538-7541 Fax(530)538-2140
i
Project Number: PRED07-0003
Site Address: 0 SKYWAY CHICO, CA
Site Apn: 040-520-100
Applicant: Tuscan Ridge Association,LLC
P.O. Box 6414 Chico,CA 95927
Description: PRED review for a residential (SF & MF)
Fee Description Account Number Fee Amount
DP Pre-Application Meeting 0010-440001-4210900-1010 $1,112.00
DPAG Pre-Application Meeting 0010-460001-4612200-1010 $32.50
DPFPP Pre-Application Meeting 0100-450001-4617240-1010 $102.70
DPLDMF Pre-Application Meeting 0010-440004-4611700-1010 $371.90
EH Pre-Development Meeting 0010-540003-4614901-1010 $147.10
Total Fees Paid: $1,766.20
Date Paid: 3/22/2007
Paid By: Tuscan Village LTD. Partnershi
Pay Method: Check 4426
Receipt Number: P369
Received By: MEM