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HomeMy WebLinkAboutPRED 07-0006_PLANNING 1y � � V Y � YnNYn �BWAYN� YAV � N� SEPARATOR SHEET APN 2 '76 - n2/ S 02 PROJECT NUMBER PR - v�ir PROJECT SUMMARY SHEET FILE NO.: PRED07-0006, PREDEVELOPMENT REVIEW APN: 062-270-021 ZONING: GNL PLN:AR APPLICANT: BUTLER, JOHN PHONE: ADDRESS: 2256 BALD ROCK RD FAX: BERRY CREEK, CA 95916 EMAIL: OWNER: BUTLER, JOHN PHONE: ADDRESS: 2256 BALD ROCK RD FAX: [Owner Fax] BERRY CREEK, CA 95916 EMAIL: REPRESENTATIVE: Michael G. Evans PHONE: 570-5498 ADDRESS: One Nice Place FAX: Oroville, CA 95966 PROJECT DESCRIPTION: A pre-development application to discuss a Rezone of a+/- 53 acre parcel from Unclassified "U" to Mountain-Recreation(M-R) and a subdivision creating 11 lots (10 lots ranging in size from 1.16 to 1.81 acres) and one 35-acre lot, using the flexible lot provision (BCC 24-82). Individual wells and septic systems are proposed. The project site is located on the south side of Bald Rock Road, in Berry Creek, approximately 5.6 miles east and south of Oroville Quincy Highway. LOCATED: 2256 BALD ROCK RD TOWN/AREA: BERRY CREEK 1. Application accepted: 7/25/2007 Amount: $ 1766.20 Receipt No: P592 2. Assigned to: Mark Michelena 3. Comments sent to: Public Works Director,Environmental Health,Assessor, LAFCo, Agricultural Commission, CDF, Dept. of Fish& Game, Feather River Rec. &Park, Oroville Union High, Pioneer Union Elementary 4. Date to Inter-Departmental Review Committee(IDR): July 30, 2007 5. Date Status Letter sent to applicant: 6. Date scheduled for IDR: 8/22/07 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: I T Butte County Departmen Development Services �11� OUTLTI� TIM SNELLINGS,DIRECTOR I PETE CALARCO,A"-JS�'ANT D ECTOR JUL 2 0 2007 ° . ��� 0 7 County Center Drive COUNTY o , o Oroville,CA 95965 DEVELOPMENT o o (530)538-7601 Telephone AUG �f�� p SERVICES / o ^� o (530)538-7785 Facsimile COUN D ELor,. PROJECT-INFORMATION Project# APPLICANT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: �j-zi-w 8u r& o6 - 2-7j - o Z- ADDRESS: STREET,CITY,STATE,1it ZIP CODE TELEPHONE: zZsb ars��� �u� �-�� , l3eiz-10-1, c�7,-' 9s'3i(0 (spa ) &/Z- zw��, z E-MAIL: FAX: IV//x./ -!-/372r 66 Cc-,vIrr--6�4 , c.-n4 (S-30) Jam - 46&0 OWNER'S NAME: TELEPHONE: ADDRESS: STREET,CITY,STATE,&ZIP CODE: PROPERTY INFORMATION NAME OF PROPOSED PROJECT(if any) SITE SIZE(in square feet or acres) 55 fl LOCATION OF PROJECT(major cross streets and address,if any) szlo '6 g-oc't 9-2) ZONE GENERAL PLAN EXISTING LAND USE PROPOSED LAND USE EXISTING STRUCTURES(square feet) PROPOSED STRUCTURES(square feet) UNDER WILLIAMSON ACT CONTRACT •Zvo v 4J i a s7 , ❑Yes ®No (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ® PROPERTY IS OR PROPOSED TO BE ON SEPTIC ® PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION TYPE ❑ADMINISTRATIVE PERMIT ®'TENTATIVE SUBDIVISION MAP LEGAL LOT DETERMINATION ❑ ❑TENTATIVE PARCEL MAP ❑USE PERMIT ❑WAIVER OF PARCEL MAP ❑MINOR USE PERMIT ❑CERTIFICATE OF CORRECTION ❑COMMUNICATIONS FACILITY UP/MUP ®REZONE ❑VARIANCE ❑GENERAL PLAN AMENDMENT ❑MINOR VARIANCE ❑MINING AND RECLAMATION PLAN ❑LOT LINE ADJUSTMENT ❑DEVELOPMENT AGREEMENT ❑CERTIFICATE OF MERGER ❑OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size of parcels.) OWNER CERTIFICATION 1 I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized,execute an affida 't of au riza'o d* the affidavit with this application.) DATE: & / o 0 7 SIGNATURE: '{ . . _ - .. ,� - _. t � . . _ , �. �� - i, t � _. _ ._ _ �. . . ... �. _. K r � � � i• r r r. t. � ', r r -' .y I ', �r � r�:C� ,. .i ,� :; i ') . `., .. � .. '�' �t r � ... - � ,� ' BUTTE COUNTY AUG 0 1 DE 0 IYIEiv1 AGENT AUTHORIZATION P�3�0J��- ���� RVICES To Butte County, Department of Development Services: BUTTE Evans Fun Works Michael G. Evans COUNTY Print Name of Agent and Phone Number JUL 2 0 2007 1 Nice Place, Oroville, CA 95966 ph. 530-570-5498 REVFIF 0 M NT Mailing Address - SERVICES is hereby authorized to process this application on my/our property, identified as Butte County Assessors Parcel Number(s) 062-270-021 This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but-not including document (s) relating to record title interest. Owner(s) of Record (sign and print name) Signa Signature OH J Print Name of Applicant (if other than owner) Signature of Applicant (if other than owner) Civil Engineer or Land Surveyor: GDA Engineering ph. 530-533-2068 Print Name of Civil Engineer/Land Surveyor and Phone Number 220 Grand Ave. Oroville CA 95966 Mailing Address FOR OFFICE USE ONLY Date received: Total amount received: $ Receipt No. Taken By: Land Dev. $ Plan. Env. Health $ Make checks payable to Butte County Treasurer Butler FLEX The applicant was attracted to the FLEX concepts due to the meadow, pond and springs on the property and their desire to share them without impacting them with multiple ownerships. The applicant felt that since his family had maintained and utilized them for many years they would best be kept as the stewards of these areas so the FLEX concept was chosen. The proposed rezone will allow for the five acre per unit density and after CZ the Berry Creek area General Plan workshop, the proposal was determined to be in o conformance with area desires. Z r- �U ;D:;;) D o o� Each lot has connection to the large parcel and will have an open space management plan v >W for continued maintenance of fuel breaks and trails, the exact locations for which are a being determined. The concept of a trail system is demonstrated on the plan. The property is located outside of the winter range for migratory deer and there are no other unusual circumstances known of for the site. BUTTE COUNTY JUL 2 0 2007 DEVELOP IV"'T SERVICES PROJECT DESCRIPTION for FLEX Tentative Subd. Map for John Butler APN 062-270-021 The project is approx. 55 acres of land on the south side of Bald Rock Road in Berry Creek known as 2256 Bald Rock Road. The property is genity sloping to the south with o the residence located near the northeast corner of the site. The residence is served by � o overhead electricity and telephone, an individual leach system and well. The applicant o o resides part-time at the residence occupied by a relative for many years who previously u owned the property. --� a 0 H �+ The project proposes to rezone the parcel from Unclassified to Mountain-Recreation and ®�subdivide using the Flexible Lot Provisions into 10 lots ranging from 1.16 to 1.81 acres ® C l and one lot with the existing residence on 35.plus acres which includes a large meadow in the center of the property. This large parcel will also have the small pond and will be restricted under the rezone and Flex subdivision for no additional subdivision. Deer Springs Road, a private gravel road fronts the westerly property line but is not . available for the owner to utilize. Private roads within 60 foot easements and constructed to County Standard RS-7, modified to 20 feet of paved width will be extended from Bald Rock Road southerly to serve the proposed new lots,with standard cul de sacs at the southerly ends. Individual leach systems will be utilized. Soils are typical of the Berry Creek area consisting of more than seven feet of decomposed granite. Useable Sewage Disposal Areas of 10,000 square feet have been designated on each parcel. No soils testing has been performed to date. Individual wells will provide water to each parcel. The well sites are also depicted on the pre-application map. It is believed that adequate water resources will be available as area wells are generally acceptable. The property has a Timber Harvest Plan recently implemented with some logging and fire protection measures undertaken. The trees on the property are Black and Tan Oak, Sugar Pine, Ponderosa Pine and Cedar, the latter-three being part of the harvest. Are- planting plan is required under the THP. An archaeological survey was performed and a copy of the report has been requested from the Forester. The THP and the archaeological report will be provided with the full application. Some archaeological sites exist on the property and are located outside of areas proposed for road construction or residential uses. Several springs along the perimeter of the site have been developed to provide water to the pond. Several small drainage swales cross the property and are designated as setback areas. Steeper slopes are also being avoided. PROJECT DESCRIPTION,PG 2 t• } nom, ,' ..M / '.1� �''.il� �., � �- 4�',� :�C„ �y4�,,^ ! 41���•:r�: ����'^,�! �'a l� � •�- �� \.. ! ���( �� �t� " ,";�It r J� �° i • i r- f -.>�. .,`4�.;t _. r •fir . 1 1: •r � �� rr � � �� X1.1 tT� � •s � ; Of r 1 1� Of wr _ Y Tj4 'iii •y • . , � t 2 Y h k t _ p } a' f (n t ' p•a.. ate. ;a'•.� .a'ir�• suatr• .w,!ey.• xIw`4:. rrc.,i:a.•b,. .....v�.yo.. .. a i o '- Butler FLEX ooOG The applicant was attracted to the FLEX concepts due to he meadow,pond and springs on the property and their desire to share them without impacting them with multiple ownerships. The applicant felt that since his family had maintained and utilized.them for many years they would best be kept as the stewards of these areas so the FLEX concept , was chosen. The proposed rezone will allow for the five acre per unit density and after r� the Berry Creek area General Plan workshop, the proposal was determined to be in -. conformance with area desires. A® a�U Each lot has connection to the large parcel and will have an open space management plan � W 4-� =0a for continued maintenance of fuel breaks and trails,the exact locations for which are Q being determined. The concept of a trail system is demonstrated on the plan. The property is located outside of the winter range for migratory deer and there are no other unusual circumstances known of for the site. BUTTE COUNTY JUL 2 0 2007 DEVELOPIAZI"I SERVICES 12A-6,C- L-w O PROJECT DESCRIPTION for FLEX Tentative Subd. Map for John Butler F E(V O - APN 062-270-021 0006 The project is approx. 55 acres of land on the south side of Bald Rock Road in Berry Creek known as 2256 Bald Rock Road. The property is genity sloping to the south with the residence located near the northeast corner of the site. The residence is served by overhead electricity and telephone, an individual leach system and well. The applicant CZ resides part-time at the residence occupied by a relative for many years who previously N owned the property. w v w The project proposes to rezone the parcel from Unclassified to Mountain-Recreation and Q subdivide using the Flexible Lot Provisions into 10 lots ranging from 1.16 to 1.81 acres and one lot with the existing residence on 35plus acres which includes a large meadow in the center of the property. This large parcel will also have the small pond and will be restricted under the rezone and Flex subdivision for no additional subdivision. Deer Springs Road, a private gravel road fronts the westerly property line but is not N r available for the owner to utilize. Private roads within 60 foot easements and constructed ��-`!; o to County Standard RS-7, modified to 20 feet of paved width will be extended from Bald m o Rock Road southerly to serve the proposed new lots,with standard cul de sacs at the southerly ends. Individual leach systems will be utilized. Soils are typical of the Berry Creek area consisting of more than seven feet of decomposed granite. Useable Sewage Disposal Areas of 10,000 square feet have been designated on each parcel. No soils testing has been performed to date. Individual wells will provide water to each parcel. The well sites are also depicted on the pre-application map. It is believed that adequate water resources will be available as area wells are generally acceptable. The property has a Timber Harvest Plan recently implemented with some logging and fire protection measures undertaken. The trees on the property are Black and Tan Oak, Sugar Pine, Ponderosa Pine and Cedar,the latter-three being part of the harvest. A re- planting plan is required under the THP. An archaeological survey was performed and a copy of the report has been requested from the Forester. The THP and the archaeological report will be provided with the full application. Some archaeological sites exist on the property and are located outside of areas proposed for road construction or residential uses. Several springs along the perimeter of the site have been developed to provide water to the pond. Several small drainage swales cross the property and are designated as setback areas. Steeper slopes are also being avoided. PROJECT DESCRIPTION,PG 2 �45e ot�� MW VS fUAI WORKS Calif. Gen. Eng. Contractor#548284 Michael G.Evans One Nice Place, Oroville, CA 95966 JJJ (530) 570-5498 - Fax (530) 533-6028 oneniceplace@sbcglobal.net June 18, 2007 Butte County Dept. of Development Services 7 County Center Drive Oroville, CA 95965 RE: FLEX Subdivision pre-application for John Butler APN 062-270-021 Dear Planners, Enclosed please find a pre-application request under the Flexible Lot Provisions for a Rezone from Unclassified to M-R and a FLEX Tentative Subdivision to divide the above property into 11 lots. Included in this pre-application are the following items: 1) Ten map copies(more available upon.request) 2) 11 x 17 reduction 3) Check no. 1006 in the amount of$1766.20 4) Checklist 5) Authorization 6) Application 7) Environmental setting with project description,aerial and photographs 8) Mid Valley Title Co. report#2802311 9) PM 109-25 creation map (Remainder Parcel) Please review the enclosed and notify us if you need additional information to review and comment on this pre-application request. Sincerer; Michael G. Evans IMNS 7WA/U167M S Butte County Department of Development Services TtF TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSIS ANTDDJITRTEE OR l 0 0 0 7 County Center Drive COUNTY a ,_ o Oroville,CA 95%5 JUL 2 R 0 •� 0 (530)538-7601 Telephone COU Nth (530)538-7785 Facsimile DEVELOPMorff SERVICESi APPLICATION PACKET FOR TENTATIVE MAPS Applicant Name: 7yf��✓ 13U7"&fyc - Project Number: P6 (, '�D 0 BUTTE Project Name: COUNTY Check One AUG2007 ❑ TENTATIVE PARCEL MAP [O Check if amending an existing map] 'VELOPMENT Generally, a parcel map shall be required in the case.of subdivisions creating fewer th&MV6�3y parcels, four(4)or fewer condominiums as defined in section 783 of the Civil Code,the conversion of a dwelling to a stock cooperative containing four (4) or fewer dwelling units or a community apartment project containing four (4) or fewer parcels.. For detailed information regarding parcel maps, please review Section 20-94 of the Butte County Code(available at http://municipalcodes.lexisnexis.conycodes/buttecon. ❑ WAIVER OF PARCEL MAP Generally,the advisory agency may waive the requirement for a parcel map. If approved,the developer shall instead file a record of survey;except for parcels forty(40)acres or larger when the record of survey may also be waived.For detailed information about waivers for parcel maps,please review Section 20-104 of the Butte County Code(available at http://municii)alcodes.lexisnexis.conVcodes/butteco/). TENTATIVE SUBDIVISION MAP [0 Check if amending an existing map] Generally, a subdivision map shall be required for all subdivisions creating five(5)or more parcels,fiveE� (5)or more condominiums as defined in section 783 of the Civil Code,or a community apartment project containing five(5)or more parcels,or the conversion of five(5)or more existing dwelling units to a stock cooperative,as defined in section 11003.2 of the Business and Professions Code.For detailed information regarding subdivision map, please review Section 20-60 of the Butte County Code (available at hLtp://municipalco-des.le,xisnexis.com/codes/buttec APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Pl6�omplete n 1. ❑ a Pre-Application Review with the Environmental Health Division and provide evidence of meeting their requirements for sewagge disposal and water supply in one of the following ways: 6&/L`( 1 . a. • � • , . i�'. �� � � y � � + � • J � • ' r " � ' r • -� � - , ! � - j t-� i.t ., �.. tel. � J �� � f� Ji ��! s.- i � ! ;�- `i„rr. + •.ire �. • E r i',. � .. • .i. r ! ' - � • { r. � 1 t {� ❑ A pre-appiication completion letter from Environmental Health ❑ A Willing and Able to Serve Letter from the appropriate utility district ❑ A completed cooperative agreement for annexation into a utility district Applicant Planner 2. ❑ A completed,signed Project Information Form 3. ® ❑ A complete Project Setting Description(instructions attached). 4. ❑ If the application is signed by an agent for the owner,an agent authorization form must be submitted along with the'application. The application cannot be accepted unless signed by the owner or authorized agent. 5. ❑ ❑ A signed agreement for Butte County Archaeological Resources Project Review by the Northeast Information Center(NEIC)accompanied by its required topographic map and a check in the amount of$75.00 made out to"NEIC". Alternatively,you may submit proof Y'Z C y of a previous Archaeological Resources Project Review. 6. ® 0 Payment of the currently required application fees and/or deposits. Make checks payable to "Butte County Treasurer". Public Fee Schedule is available under "Fees" at: h.qp://www.buttecoppiy.net/dds/Plannina/ Additional fees for publication notices will be required prior to recordation of the final map. Application fees are non-refundable. Applicant's Initials 7. ❑ A creation document and a preliminary title reportshowing current ownership of the I„� � parcel(s)to be divided,prepared within 6 months of the application submittal. 8. ❑ Have you ever owned or participated in the division of any parcels contiguous to the parcel(s)proposed for division. Yes❑ Nof 9. ® ❑ Consult the Cortese list of hazardous materials sires compiled pursuant to Government N,A Code Section 65962.5, and determine whether the project is located on or near an identified site. California's hazardous sites are listed and mapped at: hLtp://www.envirostor.dtsc.ca.jzov/public/ 10. ® ❑ A written request for any exceptions to the subdivision standards pursuant to Section 20 N A of the Butte County Code,if applicable. Butte County Code is available at: http://muhicivalcodes.lexisnexis.com/codesibutte.co/ 11. SITE PLAN:Thirty,(30)copies of a tentative map showing each of the parcels to b.e " created,drawn to standard engineering scale(e.g., 1"=20'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on uniform size sheets no less than 18"X 26",folded to 8%s"x 11". Include one. copy of the mal)on an 11"x 17"sheet. In addition,a digital copy of the map and aerial 2 t r .+ t� 1 y (� f r rig,. s. '� , 1'.y r r• ' � ;, .t+r• 1 i f• , photo apas are encouraged. The detailed map musrmclude: a. N ❑ Name and business address of the applicant,engineer or person who prepared the Map. b. ® ❑ Assessor Parcel Number(s); street address (if available);tract name and date(if applicable); and/or Township,Range and Section numbers. c. 2 ❑ Proposed property lines and lot dimensions,,including existing monuments. d. ® ❑ A vicinity.map indicating the location of the land in relation to the nearest major roads and/or significant topographic features in the surrounding area or region. e. ❑ The widths,location and purpose of all existing or proposed easements on-site and show or describe off-site access easements serving the project and the applicable County Recorder document numbers. f. 0 ❑ Dimensioned locations of existing and proposed public and private improvements on the property(including, but not limited to, buildings, driveways,roads,parking areas,wells,septic tanks,sewer lines,leach fields,,utilities, storm drainage systems and street lights. g. ❑ Location of all water features including, but not limited to,natural and human-made drainage courses, irrigation canals, ponds, creeks, sloughs;topographic features including,but not limited to,buttes;slopes>30%,rock out-croppings; and existing vegetation, such as oak trees greater than 5 in diameter and agricultural crops. h. ® ❑ Distances between any significant natural and constructed features of the property, such as streets,access roads, streams,rock outcroppings,major tree stands, storm drains bodies of water, railroads, and their relationshipto o the property lines. 1• ® ❑ Location,height,and materials of walls and fences(sections may be required). 1 ❑ Internal,circulation pattern,if applicable. k. ] ❑ Existing fire hydrants within 1000 feet. /V-/I l ® Approximate location of all buildings,wells, septic tanks and leach fields within 100 feet on adjacent properties. m• ® ❑ All driveways, drawn to scale, on properties within 100 feet of the site. n. EI 0 Existing curbs,gutters,sidewalks and road surface widths on-site or on properties within 100 feet of the site. ,v -A °• ® ❑ Any existing faults or fractures and geologic hazards. P. ] ❑ Elevation contours,at an appropriate vertical scale. q. M ❑ Sufficient information on the map to determine adequacy of the proposed drainage and flood control measures, including but not limited to,proposed easements, facilities and drainage atterns. r. ❑ . The existing and proposed location,name,width,approximate grades and radii of curves of all roads, streets,highways for.the subdivision and within 100 feet of the exterior boundaries thereof. Label all roads as to whether public or private. S. ® ❑ Indicate at least one route from the property to a publicly-maintained road.. t• ® ❑ Approximate location of all FEMA identified 100-year floodplain areas. IU-•A u. ❑ Wells and septic tanks to be abandoned shall be shown and identified as "well"or "septic tank"and"to be abandoned". The wells and septic tanks shall be properly 3 aband-�xUJ under permit issued by the Butte-Coumy-xxivision of Environmental Health. ai�c' v. ® ❑ Buildings to be removed will be identified as "building to be removed". The buildings shall be properly removed or demolished under permit issued by the Butte County Building Division. a I-,- Indicate Indicate scale and include a north arrow oriented to the ton of the sheet. X• [B ❑ All maps must be clear and legible. Additional information may be required in order to clarify, correct or supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department,or Agriculture Commissioner. Additional fees may be collected for the California Department of . Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code(PRC) section 21089(b). Please call the Planning Division of the Department of Development Services at(530)538- 7601 if you have any questions about these requirements. Signature: Date: I / 7 Applicant/Representati Signature: Date: o 0- Planner Receiv' ppli •on K:U'IamungtFORMSWPPLICATTO 6\Tent _Sub Map 'ver. 09/19/06 4 • r •3- y. r r r�•,1� . r .. ,;r� r ,3; i , , Y `r�r ' .\4�= i. ii ., �r., •��i LAS .. .f5. '�' '3' •( •x� .{tii�� � ..sr., r r 3 ,"� :fir aN ! %r'' 1',3t� s'� f, #.'J� '7:... .�` , i �•' fp ,-.3�3r' [J;',l { ,!,i '.J{ 1.:_ J' ,,c . .1•,�: r "01 i. ., .:.' t « a•(ld,.ii�'tt', r (Ir', i5• " 'ftr 'r'1 • i Butte County Dipartment of Development �vT rF Services 0 o0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 o - o 7 County Center Drive o o Oroville, CA 95965 (530)538-7601 Telephone (530)538-7785 Facsimile July 30,2007 To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: BUTLER,JOHN,PRED07-0006 Planner: Mark Michelena APN: 062-270-021 Location: A pre-development application to discuss a Rezone of a+/-53 acre parcel from Unclassified "U" to Mountain-Recreation (M-R)and a subdivision creating 11 lots(10 lots ranging in size from 1.16 to 1.81 acres)and one 35-acre lot,using the flexible lot provision (BCC 24-82). Individual wells and septic systems are proposed. The project site is located on the south side of Bald Rock Road,in Berry Creek, approximately 5.6 miles east and south of Oroville Quincy Highway. 30-Day Complete 08-21-07 Date of IDR 8/22/07 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, 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 8/22 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 n,buttecounty.net Signature: Department: Date: UPlanning/Projects/A New File/IDR Memos/lDR Completeness 8/30/05 BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE SUBDIVISION MAP APPLICANT: BUTLER,JOHN DATE: 7/25/2007 AGENT: Michael G. Evans APN: 062-270-021 FILE #: PRED07-0006 PLANNER: Mark Michelena PROJECT DESCRIPTION: A pre-development application to discuss a Rezone of a +/- 53 acre parcel from Unclassified "U" to Mountain-Recreation (M-R) and a subdivision creating 11 lots (10 lots ranging in size from 1.16 to 1.81 acres) and one 35-acre lot, using the flexible lot provision (BCC 24-82). Individual wells and septic systems are proposed. The project site is located on the south side of Bald Rock Road, in Berry Creek, approximately 5.6 miles east and south of Oroville Quincy Highway. 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 '/2+ 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 required be ired to support n the section design q pp g ❑ 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 '/2 + 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 ''/i+ 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 Ma a plan for permanent solution for ❑ p, p p so 0 0 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: BUTLER,JOHN DATE: 7/25/2007 AGENT: Michael G. Evans APN: 062-270-021 FILE #: PRED07-0006 PLANNER: Mark Michelena PROJECT DESCRIPTION: A pre-development application to discuss a Rezone of a +/- 53 acre parcel from Unclassified "U" to Mountain-Recreation (M-R) and a subdivision creating 11 lots (10 lots ranging in size from 1.16 to 1.81 acres) and one 35-acre lot, using the flexible lot provision (BCC 24-82). Individual wells and septic systems are proposed. The project site is located on the south side of Bald Rock Road, in Berry Creek, approximately 5.6 miles east and south of Oroville Quincy Highway. 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 onlots (parcels) on (lots) (P ) ❑ 8. Identify on the additional map sheet a 200-ft. leachfield setback from the highwater line of the lake on (lots) (parcels) ❑ 9. Identify on the additional map sheet a leachfield setback for four (4) times the height of the cut on (lots) (parcels) ❑ 10. Locate, and, if necessary, relocate the sewage disposal systems serving existing buildings on (lots) (parcels) E. SEWAGE DISPOSAL AREAS ❑ 1. Identify on the additional map sheet those areas with slopes in excess of thirty (30) percent as "Unsuitable for Sewage Disposal". ❑ 2. Identify on the additional map sheet usable sewage disposal areas proven to meet the requirements of County Improvement Standards, Appendix 7. Combine with adjacent (parcel(s)) (lot(s)) any parcel not proven to contain usable sewage disposal area. ❑ 3. Identify on the additional map sheet unsuitable sewage disposal areas. ❑ 4. Those wells indicated on the Tentative Map or on the Final Map that are proposed to be destroyed, in order to provide required usable sewage disposal areas, shall be destroyed under a valid Butte County Environmental Health Division permit. ❑ 5. Identify on the additional map sheet that no water well may be located within 100 feet of the usable sewage disposal area on (lots) (parcels) ❑ 6. Prior to recordation of the Final Map, in the nitrate area record an executed Future Sewer Service and Storm Drainage Agreement. ❑ 7. Meet the requirements of the (Watershed Protection Zone), (Villa Verona Moratorium Area), (Cohasset Specific Plan). F. INDIVIDUAL WATER SUPPLY I ❑ 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) i ❑ 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 Reg_onal Water Quality Control Board, Central Valley Region. K. SOLID WASTE DISPOSAL PLANS ❑ 1. Place a note on�a separate document which is to be recorded with the map or on an additional map sheet of the Parcel Map or Final Map stating "Solid waste disposal shall be the responsibility of each property owner. Trash and debris shall be picked up weekly by either a trash collection company approved by the County of Butte or the property owner shall assume the responsibility for taking trash and debris to a County approved land fill". BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE SUBDIVISION MAP APPLICANT: BUTLER, JOHN DATE: 7/25/2007 AGENT: Michael G. Evans APN: 062-270-021 FILE #: PRED07-0006 PLANNER: Mark Michelena I PROJECT DESCRIPTION: A pre-development application to discuss a Rezone of a +/- 53 acre parcel from Unclassified "U" to Mountain-Recreation (M-R) and a subdivision creating 11 lots (10 lots ranging in size from 1.16 to 1.81 acres) and one 35-acre lot, using the flexible lot provision (BCC 24-82). Individual wells and septic systems are proposed. The project site is located on the south side of Bald Rock Road, in Berry Creek, approximately 5.6 miles east and south of Oroville Quincy Highway. 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: BUTLER,JOHN DATE: 7/25/2007 AGENT: Michael G. Evans APN: 062-270-021 FILE #: PRED07-0006 PLANNER: Mark Michelena PROJECT DESCRIPTION: A pre-development application to discuss a Rezone of a +/- 53 acre parcel from Unclassified "U" to Mountain-Recreation (M-R) and a subdivision creating 11 lots (10 lots ranging in size from 1.16 to 1.81 acres) and one 35-acre lot, using the flexible lot provision (BCC 24-82). Individual wells and septic systems are proposed. The project site is located on the south side of Bald Rock Road, in Berry Creek, approximately 5.6 miles east and south of Oroville Quincy Highway. Those items checked are conditions of approval. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: N. SITE DEVELOPMENT ❑ 1. Prior to the issuance of building permits, the plans, incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. ❑ 2. Where a proposed development will have 5 or more mailing addresses, the site plan shall show the location of centralized mail delivery units. Concrete bases and the centralized mail delivery units, shall be installed by the developer. Specifications of the concrete bases and mail delivery units shall be in accordance with the requirements of Postal Service and the Butte County Department of Public Works. O. LANDSCAPING ❑ 1. A Landscape and Lighting Maintenance District, Community Service District, Homeowners Association, or other alternative entity acceptable to the Planning 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 (R-PZ). During construction, RPZs shall be established using protective fencing enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. Within this protective buffer, no grading, trenching, fill, or vegetation alteration of any kind shall be allowed. The RPZs shall be maintained after the completion of construction in order to continue to protect the oak trees, but the fencing shall be removed. P. FINAL MAPS i ❑ 1. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet which states, "Structures, dumping, fill material, vegetation removal and/or excavation shall not be allowed within the 50 foot No Disturbance Setback as depicted." The 50 foot "No Disturbance Setback" shall be measured from the top of bank or outer edge of the riparian vegetation along Creek, whichever is greater. Limited vegetation removal necessary for flood control and normal orchard operations is permissible within the "No Disturbance Setback;" however, all living and thriving native trees shall be retained and all vegetation removal shall be approved by the Department of Fish and Game prior to removal. ❑ 2. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet which states, "Residences constructed on lots and shall be constructed in a manner to bring the sound levels from dBA exterior source to 45 dBA interior." ❑ 3. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet which states, "At the time of building permit application, if a Deer Herd Impact fee(s) is currently in effect, it shall be paid prior to the issuance of the building permit." ❑ 4. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet which states, "Fencing for areas other than residential areas shall be limited to a maximum of 5 wire strands. The lower strand shall be at least 16" above the ground and the upper strand shall be no higher than 48" above the ground." ❑ 5. Prior to the recordation of the Final Map, the applicant shall pay all overdue or outstanding County fees. Q. GRADING ❑ 1. Place a note on a separate document which is to be recorded concurrently with the Final Map or on an additional map sheet stating "During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division. "Archaeological artifacts" are defined as follows: ❑ 2. Prior to any clearing, grading and/or construction in a Federal or State identified 100 year floodplain and/or streambed the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404 permit or exemption certificate. R. ADDITIONAL APPROVALS ❑ 1. This application is approved subject to the conditions contained herein. The tentative subdivision map on file in the Planning Division identified as Exhibit "B" and dated , 20_is incorporated by reference. ❑ 2. All lots are subject to the payment of the North Oroville/Thermalito Traffic Impact Fees. ❑ 3. The applicant/owner shall sign the CSA 87 Traffic and Drainage Mitigation Agreement and/or pay the required fee(s) prior to the issuance of building permits. If the agreement is used it shall be recorded by the applicant prior to the recordation of the Final Map. ❑ 4. The applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement prior to the recordation of the Final Map and place a note on the Final Map or separate document which is to be recorded concurrently stating, "A traffic mitigation fee of$750 shall be paid prior to the issuance of a building permit for each new or additional living unit." ❑ 5. To insure the maintenance and continuance of the orchard or other agricultural use of the property, all lot owners shall enter into the County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. -The agreement shall be recorded and recording fees paid by the applicant. ❑ 6. ' The developer shall display a current County Zoning and County Land Use Map in the sales office at all times, and/or suitable alternatives. ❑ 7. All sales maps that are distributed or made available to the public shall include but not be limited to showing future and existing schools, parks, and streets. ❑ 8. The Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article II of the Butte County Code, prior to the issuance of a building permit or prior to the issuance of a Use Permit for a Mobile Home Park. The fee amount shall be determined and calculated as of the date of application for building permit. ❑ 9. Prior to recordation of the Final Map or application for a building permit, the applicant shall pay the then-current established fee for the West Chico Fire Station Fund. ❑ 10. Approval of this request shall not waive the requirement to comply with all applicable Federal, State, and County laws, ordinances, and regulations in effect at the time of building permit application. BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE SUBDIVISION MAP APPLICANT: BUTLER, JOHN DATE: 7/25/2007 AGENT: Michael G. Evans APN: 062-270-021 FILE #: PRED07-0006 PLANNER: Mark Michelena PROJECT DESCRIPTION: A pre-development application to discuss a Rezone of a +/- 53 acre parcel from Unclassified "U" to Mountain-Recreation (M-R) and a subdivision creating 11 lots (10 lots ranging in size from 1.16 to 1.81 acres) and one 35-acre lot, using the flexible lot provision (BCC 24-82). Individual wells and septic systems are proposed. The project site is located on the south side of Bald Rock Road, in Berry Creek, approximately 5.6 miles east and south of Oroville Quincy Highway. 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. Butte County Department of Development Services o %TrF0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive 0 --- Y o Oroville, CA 95965 0 �'= o (530) 538-7601 Telephone cDUN'�y (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION" BUILDING ` PLANNING July 30,2007 TO: Enter Agency or Department FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: BUTLER,JOHN, PRED07-0006 APN: 062-270-021 DATE OF Inter-Departmental Review: 8/22/07 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: 8/20/07 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: 9/6/07 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 8/22/07, 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 application to discuss a Rezone of a +/- 53 acre parcel from Unclassified "U" to Mountain-Recreation (M-R) and a subdivision creating 11 lots (10 lots ranging in size from 1.16 to 1.81 acres) and one 35-acre lot, using the flexible lot provision (BCC 24-82). Individual wells and septic systems are proposed. The project site is located on the south side of Bald. Rock Road, in Berry Creek, approximately 5.6 miles east and south of Oroville Quincy Highway.. COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: U GENERAL PLAN: AR 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 plafiner. IDR COMMITTEE —APPLICATION COMPLETE ❑ No Name: Date: ❑ Yes Name: Date: i GAPROJECTS\Trakit Merge DocumentsNREQUEST FOR COMMENTS.doc I BUTTE COUNTly BUTTE JUL 2 0 2007 COUNTY DEVELOPMENT AUG Q7� SERV7CE5 VELOI�IVIE2r "DRAFT"LEAD IN SHEET SERVICES PROJECT NUMBER: d ' G'90t Z- -- APPLICANT: T04C &L_ OVdNER(S): REPRESENTATIVE: /��"��. G- V��. S u/ / /i P OPOSED REQUEST: (b counter pl er) e Zort s� GZct e_ qY c � 1"0wt � I..ts / 7� ac c�� dee ' F - u►-7'��� p(Avct�v,� v��1 :CS Cir � FINAL REQUEST: (ley project planner) at LOCATION: (b co ter planner) 44,d d 66,� A /K FINAL LOCATION: (by project planner) EXISTING ZONING: GENERAL PLAN DESIGNATION: Ag SIZE: .S�S� SUPERVISORIAL DISTRICT#: '7-.,4,o-7 _ DATE RECEIVED: - COUNTER PLANNER'S INITIALS: LC f ASSIGNED PLANNER: . Date Proiect Assigned: IDR Date: 30 Day Complete: Tentative Hearing Date: r. COMMENT DISTRIBUTION LIST Project Number: I 000 County Offices and Cities: Planning Division X Assessor's Office-Mapping _ BCAG X Environmental Health _ City of Biggs ALUC Building Manager _ City of Chico _ APCD X LAFCo _ City of Gridley — Butte Co.Faun Bureau X Agricultural Commission ` City of Oroville i Chico Airport Commission X Public Works/Land Dev _ Town of Paradise _ Chief Administrative Officer 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. Richvale Irrigation Dist. _ Table Mountain Irrigation Dist. Sewer: L.O.A.P.U.D. _ Sterling City Sewer Main _ Skansen Subdivision(CSA 21) Drainage Districts: Sacramento&San Joaquin Drainage Dist. — Reclamation District No. 833 Drainage District 200 — Reclamation District No.2054 Reclamation District No.2056 State Agencies: CalTrans _ Dept.of Water Resources Dept.of Fish and Game Federal Agencies: U.S.Forest Service _ U.S.Bureau of Land Management Other Districts,Agencies,Committees,etc.: (6AJJA P4\�e/ kf,- PuKI,-- DrJ ��evinew � Mid Valley Title & Escrow Company 601 Main Street Chico, CA 95928 May 25, 2007 Mike Evan - ✓ L !/ (J ©00 6 Evans #1 Nice Place ;Oroville, CA 95966 BUTTE COUNTY AUG 2007 Title Officer: Jennifer Mackall ' /' Phone: (530)893-5644 FLOE S SERVICES Order Number: 0401-2802311 (JM) :•fit 'BUTTE ' ,COUNTY Escrow Officer: Jennifer Mackall (JM) JUL 2 Phone: (530)893-5644 DEVE '�'•�4"�"�' Fax: (866)217-5487E Escrow Number: 0401-2802311 Owner: Butler Property: Bald Rock Rd. Berry Creek, CA 95916 Attached please find the following item(s): Guarantee Thank You for your confidence and support. We at Mid Valley Title & Escrow Company maintain the fundamental principle: Customer First. Mid Valley Title&Escrow Company li Form No.14 Order Number: 0401- 2802311 CLTA Subdivision Guarantee(4-10-75) Page Number: 1 I I SUBDIVISION GUARANTEE Fee: $-0- Subdivision: (Not Available) I� First American Title Insurance Company, a California corporation GUARANTEES The County of Butte and any City within which said subdivision is located in a sum not exceeding $1,000.00. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only,parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and. other easements offered for dedication by said map are: John J. Butler, III, a married man as his sole and separate property The map hereinbefore referred to is a subdivision of: (SEE ATTACHED LEGAL DESCRIPTION) Dated: 05/23/2007 at 7:30 A.M. estf=nsei'i`ewit Till►Io,m»:[tter C(-vuj* r BY r f I I� Mid Valley Title&Escrow Company Form No. 14 Order Number: 0401- 2802311 CLTA Subdivision Guarantee(4-10-75) Page Number: 2 EXCEPTIONS 1. General and special taxes and assessments for the fiscal year 2007-2008, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. RE-CHECK SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW. 3. Rights of the public in and to that portion of the land lying within Bald Rock Rd.. 4. Agricultural Statement of Acknowledgement for Residential Development, Executed By: Harold R. Sullivan and Dorothy J. Sullivan Recorded: April 25, 1995, Serial No. 95-013529. 5. A deed of trust to secure an original indebtedness of$264,000.00 recorded March 17, 2005 as Serial No. 2005-0014705 of Official Records. Dated: March 8, 2005 Trustor: Harold Ralph Sullivan and Dorothy Jane Sullivan, husband and wife as joint tenants Trustee: Fidelity National Tile Insurance Company Beneficiary: Wells Fargo Bank, N.A. SOC:Ijh Mid Valley Title&Escrow Company Form No. 14 Order Number: 0401- 2802311 CLTA Subdivision Guarantee(4-10-75) Page Number: 3 INFORMATION 1. Taxes for proration purposes only for the fiscal year 2006-2007. First Installment: $709.96, PAID Second Installment: $709.96, PAID Tax Rate Area: 101-000 APN: 062-270-021 2. No known matters otherwise appropriate to be shown have been deleted from this report, which is not a policy of title insurance but a report to facilitate the issuance of a policy of title insurance. For purposes of policy issuance, items-0- may be eliminated on the basis of an indemnity agreement or other agreement satisfactory to the Company as insurer. 3. The Vestee herein acquired Title by Document(s) Recorded July 27, 2006, Serial Nos. 2006- 0038405 and 2006-0038406. The map attached, if any, may or may not be a survey of the land depicted hereon. Mid Valley Title& Escrow Company expressly disclaims any liability for loss or damage which may result from reliance on i this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Mid Valley Title&Escrow Company Form No. 14 Order Number: 0401- 2802311 CLTA Subdivision Guarantee(4-10-75) Page Number: 4 LEGAL DESCRIPTION Real property in the unincorporated area of the County of Butte,.State of California, described as' follows: ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36,TOWNSHIP 21 NORTH, RANGE 5 EAST M.D.B. &M., BUTTE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 36, AS MONUMENTED BY A 1 1/2 INCH IRON PIPE, IN ROCK MOUND WITH A 2 INCH BRASS CAP, MARKED "F. F. JONES, LS 2650,TOWNSHIP 21 NORTH, RANGE 5 EAST 1/4 S. 36, R. 6E, 1/4 S. 31, MAY 1966"; THENCE SOUTH 0 DEG. 39' 00" WEST, 2554.79 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 36, AS MONUMENTED BY A 11/2 INCH IRON PIPE, WITH A 2 INCH BRASS CAP MARKED "AARON F. JONES, LS 2650,TOWNSHIP 21 NORTH, RANGE 5 EAST, M.D.B. & M., S 36, R 6 E, S 31, TWO N. MAR. 1966"; THENCE ON AND ALONG THE SOUTH LINE OF SAID SECTION 36, SOUTH 89 DEG. 29' 08"WEST 1318.47 FEET TO THE SOUTH 1/16 CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE NORTH 14 DEG. 1707" EAST, 1219.04 FEET; THENCE NORTH 1000.00 FEET TO A POINT IN THE CENTERLINE OF BALD ROCK ROAD; THENCE NORTHWESTERLY ALONG SAID CENTERLINE TO A POINT ON THE EAST-WEST MID-SECTION LINE OF SAID SECTION 36;THENCE ON AND ALONG SAID MID-SECTION LINE, NORTH 88 DEG. 31' 09" EAST, 1907.93 FEET MORE OR LESS,TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT A POINT FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION 36 BEARS SOUTH 19 DEG. 13' EAST 2263.7 FEET; THENCE FROM SAID POINT OF BEGINNING, NORTH 49 DEG. 10' EAST 474.7 FEET; THENCE SOUTH 40 DEG. 50' EAST 275.3 FEET; THENCE SOUTH 49 DEG. 10' WEST 474.7 FEET AND THENCE NORTH 40 DEG. 50' WEST, 275.3 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM PARCELS 1, 2 AND 3 AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON OCTOBER 20, 1987 IN BOOK 109 OF MAPS, AT PAGE 25. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED INTHE DEED TO THE COUNTY OF BUTTE, RECORDED OCTOBER 30, 1987 UNDER BUTTE COUNTY OFFICIAL RECORDS SERIAL NO. 87-40827. APN: 062-270-021 Mid Valley Ttle&Escrow Company Form No. 14 Order Number: 0401- 2802311 CLTA Subdivision Guarantee(4-10-75) Page Number: 5 SCHEDULE OF EXCLUSIONS FROM COVERAGE OFTHIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee,the Company assumes no liability for loss or damage by reason of the following: (a) Defects,liens,encumbrances,adverse claims or other matters against the title,whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property;or,(2)Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not the matters excluded under(1)or(2)are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims;(2)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(3)water rights,claims or title to water,whether or not the matters excluded under(1),(2)or(3)are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee,the Company assumes no liability for loss or damage by reason of the following: (a) Defects,liens,encumbrances,adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule(A),(C)or in Part 2 of this Guarantee,or title to streets,iroads,avenues,lanes,ways or waterways to which such land abuts,or the right to maintain therein vaults,tunnels,ramps,or any structure or improvements;or any rights or easements therein,unless such property,rights or easements are expressly and specifically set forth in said description. (b) Defects,liens,encumbrances,adverse claims or other matters,whether or not shown by the public records;(1)which are created,suffered, assumed or agreed to by one or more of the Assureds;(2)which result in no loss to the Assured;or(3)which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity,legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a)the"Assured":the party or parties named as the Assured in this Guarantee,or on a supplemental writing executed by the Company. (b)"land":the land described or referred to in Schedule(A)(C)or in Part 2,and improvements affixed thereto which by law constitute real property. The term"land"does not include any property beyond the lines of the area described or referred to in Schedule(A)(C)or in Part 2,nor any right,title, interest,estate or easement in abutting streets,roads,avenues,alleys,lanes,ways or waterways. (c)"mortgage":mortgage,deed of trust,trust deed,or other security instrument. (d)"public records":records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e)"date":the effective date. Z. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an.assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest,as stated herein,and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company,then all liability of the Company shall terminate with regard to the manner or matters for which prompt notice is required;provided,however,that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to Jie extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party,notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions;Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a)The Company shall have the right,at its sole option and cost,to institute and prosecute any action or proceeding,interpose a defense,as limited in (b),or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein,or to establish the lien rights of the Assured,or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee,whether or not it shall be liable hereunder,and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph,it shall do so diligently. (b)If the Company elects to exercise its options as stated in Paragraph 4(a)the Company shall have the right to select counsel of its choice(subject to the right of such Assured to object for reasonable cause)to represent the Assured and shall rot be liable for and will not pay the fees of any other counsel,nor will the Company pay any fees,costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c)Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee,the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right,in its sole discretion,to appeal from an adverse judgment or order. Mid Valley Title&Escrow Company Form No.14 Order Number: 0401- 2802311 CLTA Subdivision Guarantee(4-10-75) Page Number: 6 (d)In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding,an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding,and all appeals therein,and permit the Company to use,at its option,the name of such Assured for this purpose. Whenever requested by the Company,an Assured,at the Company's expense,shall give the Company all reasonable aid in any action or proceeding,securing evidence,obtaining witnesses,prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein,or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation,the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company,a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety(90)days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage,the Company's obligation to such Assured under the Guarantee shall terminate. In addition,the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination,inspection and copying,at such reasonable times and places as may be designated by any authorized representative of the Company,all records,books,ledgers,checks,correspondence and memoranda,whether bearing a date before or after Date of Guarantee,which reasonably pertain to the loss or damage. Further,if requested by any authorized representative of the Company,the Assured shall grant its permission,in writing,for any authorized representative of the Company to examine,inspect and copy all records,books,ledgers,checks, correspondence and memoranda in the custody or control of a third party,which reasonably pertain to the loss damage. All information designated as confidential by the Assured provided to the Company,pursuant to this Section shall not be disclosed to others unless,in the reasonable judgment of the Company,it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath,produce other reasonably requested information of grant permission to secure reasonably necessary information from third parties as required in the above paragraph,unless prohibited by law or governmental regulation,shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims:Termination of Liability. In case of a claim under this Guarantee,the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee,or to pay the full amount of this Guarantee or,if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder,the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon,together with any costs,reasonable attorneys'fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase,payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of daim has been given to the Company by the Assured the Company offers to pusdrase said indebtedness,the owner of such indebtedness shall transfer and assign said indebtedness,together with any collateral security,to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph(a)the Company's obligation to the Assured under this Guarantee for the claimed loss or damage,other than to make the payment required in that paragraph,shall tenninate,including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4,and the Guarantee shall be surrendered to the Company for cancellation. (b)To Pay Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee,together with any costs,attomeys'fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph(b)the Company's obligation to the Assured under this Guarantee for the claimed loss or damage,other than to make the payment required in that paragraph,shall terminate,including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraoh 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described,and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a)the amount of liability stated in Schedule A or in Part 2; (b)the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee,as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations,at the time the loss or damage Assured against by this Guarantee occurs,together with interest thereon;or (c)the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect,lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a)If the Company establishes the title,or removes the alleged defect,lien or encumbrance,or aures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method,including litigation and the completon of any appeals therefrom,it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or Barrage caused thereby. (b)In the event of any litigation by the Company or with the Company's consent,the Company shall have no liability for toss or damage until there has been a final determination by a court of competent jurisdiction,and disposition of all appeals therefrom,adverse to the title,as stated herein. (c)The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9.Reduction of Liability or Termination of Liability. All payments under this Guarantee,except payments made for costs,attomeys'fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. Mid Valley Title&Escrow Company Form No.14 Order Number: 0401- 2802311 CLTA Subdivision Guarantee(4-10-75) Page Number: 7 (a)No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed,in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely foxed in accordance with these Conditions and Stipulations,the loss or damage shall be payable within thirty(30)days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee,all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company,the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal,interest,and costs of collection., 12. Arbitration. Unless prohibited by applicable law,either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include,but are not limited to,any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee,any service of the Company in connection with its issuance or the bread of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is$1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of$1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys'fees only if the laws of the state in which the land is located permits a court to award attorneys'fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s)may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee;Guarantee Entire Contract. (a)This Guarantee together with all endorsements,if any,attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee,this Guarantee shall be construed as a whole. (b)Any claim of loss or damage,whether or not based on negligence,or any action asserting such claim,shall be restricted to this Guarantee. (c)No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President,a Vice President,the Secretary,and Assistant Secretary,or validating officer or authorized signatory of the Company. 14. Notices,Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way,Bldg 2,Santa Ana,California,92707. i Mid Valley Title&Escrow Company o � U) SOUTH 1/2 SEC. 36, T.21 N. R.5 E. M.D.B.&M. 62-27 0 o N O O C r N 1 1•• , 400, N � � O O r� � O 62-26 \ ` O N o11 YNOLD ROAD 746.1`4 , el2' I E , 719.31 401.31 1 2. CD cli I 1342.81 1 R O OOs N 27 8.94 AC Im 4.44AC 4.44AC 5 \ NI a p 11 A 39907 y{ ,1 �$'4C 3, v� U 7W 15 d a 4/9.78 •. P�q69 24 66 ,o n O h I I I Z O til Z@ 8.93AC in 419.78 12.76AC +�\ I I 3e a 0OIAC 7 N N �/ / !y I 4,PM109.253 CD I 1340.76 J Jas 5.01AC = N 3 29 8.92AC Im / NI PM 113-24 N 4, ' �/ 204.90AC PM93-21s ai q 10.06AC 3� Pqj 1-41 hG _ Il 0- 7,52AC 61-3a O I IZe 6 0 724C 30AC I PN82-51 t559 i2 I �5 6 0 � i I 21 ROCK,-,?r, I 25 58.89AC L. — — _ — _ — —I 21.24AC 2 �P 6 � 3.32AC I I p ,�p 21.72AC 20AC I . 4.68AC 5 1 e I I PM 111-80 a RS33-51 _ — J 1318.47 1318.47 — I t _RACOON _RD — — I All Assessors'mops are prepared for local property thereon may not with StolONLY end the e and local P Assessorsr Ala No.62-27 subd Waknordmonces. No IioNity is assumed for the use of the Information shown on any Assessors'mop. County of Butte,C011f. REVISED, 9-89 This map May or may not be a survey of the v4 hereon. You should not rely upon it for any purpose-afhiw, than orientation to the general location of the parcel or par cels depicted. laid Valley Title and Escrow Company ex- pressly disclaims any liability for alleged loss.o' r damage whicb may result from reliance upon this map. 24-115 M-R(Mountain or P---eation Subdivision-Residential) Zone Page 1 of 1 Chapter 24 ZONING* Article III. Zone Districts" 24-115 M-R (Mountain or Recreation Subdivision-Residential) Zone. (a) Uses permitted: (1)Agricultural and forestry experimental areas. (2)Arboretums. (3) Harvesting of wild crops, timber or such as marsh hay, ferns, moss and berries. (4) Pedestrian and equestrian trails. (5) One (1) single-family dwelling or modular home per parcel. (6) The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six(6)or fewer persons and shall be subject to all applicable state regulations and limitations. (b)Accessory uses: (1)Those uses and structures normally associated with a single-family residential use and are in conjunction with or incidental to the residential use, including but not limited to a garage, workshop, garden, private swimming pool, private tennis court, gazebo, spa, etc. (2)A guest house as defined by section 24-305.175. (3) Second dwelling unit subject to the requirements of section 24-280. (4)Agricultural uses, including the keeping of animals, subject to the animal maintenance requirements of sections 24-255 through 24-255.15, inclusive, of this Code. (c) Uses requiring use permits. The following uses are permitted subject to a use permit: (1) Public and quasi-public uses. (2) Private or commercial outdoor recreational facilities on sites not less than five (5) acres, including, but not limited to, golf courses, recreational clubs, riding academies and stables, hunting lodges and camps, boat ramps, and campgrounds. (d) Uses requiring a minor use permit. The following uses may be permitted subject to the requirements of section 24-41: (1) Large family day care facilities subject to the requirements of section 24-165. (2) Be6and breakfast home. (e) Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40: (1) Home occupations subject to the requirements of section 24-270. (2)Temporary uses as listed in section 24-300. (3)A temporary mobile home subject to the requirements of sections 24-295 and 24-295.10. (f) Site requirements: (1) Minimum lot area. Five (5) acres. (2) Minimum lot width required. Minimum lot width shall not be less than one hundred thirty (130) feet as measured along the lot frontage or at the building setback line. (3) Side and rear yard required. Minimum side and rear yard shall not be less than ten (10)feet. (4) Front yard. Minimum front yard setback shall be twenty (20)feet from the edge of the ultimate right-of-way from all public or private roads except where the road is classified as a federal aid road, in which case the setback shall be twenty-five (25)feet from the edge of the ultimate right- of-way. (5) Flexible lot size provisions. Land divisions may be designed and processed in accordance with the flexible lot size provisions of section 24-82. In such instances, the site requirements described for this zoning district shall not apply. Land division applications proposing to use the provisions of section 24-82, shall be so identified. (Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3321, §4, 2-11-97; Ord. No. 3560, §4, 10-12-99; Ord. No. 3906, § 2, 3-22-2005) << previous I next>> http://municipalcodes.lexisnexis.com/codesibutteco/ DATA/CHAPTER24/Article III Z... 7/25/2007 � w �� h a.a�lc.p• x �e• ^ i'MAW . aaglt a SO, . `�+ aas•n�s-�vl�l a� AWMeW waw' • T .r--.� Cw � th 1 tt D �e wst • nAr S"'r y�b'�r�� �`t'A $ c JAW1 eK/I•� .f0' � w O ao �* r� v� ��� nq° l �; Z y uA7i1't/'lAhlJ � a. U.D �� �• CA M a nsn ilk NR a� aT 0 = 14b. I r.yp•Je•II'1V `O w O �7 Q' •fw 4 ; M)CaI tali' �,o�C �f-i ; w R' � n A° � p .� nAJs �ti► P p Atc Hg cn p i< sgsgszAW07W CO) n AO tz MM o0 0 3MIt lb n QQ _ WIN . � IN g iNy,`da rv4� < qw 31 eo°�, 2 Leo.• k•► b oo �1 8 i aw f A oti �' OA m TZ No n e � a Iwo 'iia °. r Ip z 1.19 C , pq I ,m Wit V A w A °8 a SPY 44 io q Ak y -- IIINOO.69'! AIM r roq�`/OA°°A�'r0� U� Q006 . � � � :+ ' t � , i ,� � a � i i ... ' - t, i i � :. •, _3 i , . 1 ,r ." ,. � a _� i i � ,. � + �, ,. _ _ _ � _ f w r s I . , .. � . Butte County Department of Development Services °�VTTF° TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR ° ° o o 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone c�UNZy (530)538-7785 Facsimile www.buftecounty.net/dds www.buftegeneralplan.net ADMINISTRATION " BUILDING* PLANNING August 29, 2007 John Butler 2256 Bald Rock Road Berry Creek, CA 94916 Re: PRED07-0006 - A Rezone of a +/- 53 acre parcel from Unclassified "U" to Mountain- Recreation (M-R), or other zone (to'be determined), and a subdivision creating 11 lots (10 lots ranging in size from 1.16 to 1.81 acres) and one 35-acre lot, using the flexible lot provision(BCC 24-82). APN 021-132-039 Attendees: John Butler, Applicant Doug Fogel, BC Environmental Health Michael Evans, Representative Eric Schroth, Department of Public Works Harold Sullivan, Resident Stacey Jolliffe, BC Principal Planner Mark Michelena, BC Senior Planner Dear Mr. Butler: This letter is intended to provide a summary of the information provided in the Pre-Development meeting held on September 22, 2007, regarding your proposals for a re-zone and tentative subdivision map using the flexible lot provision(Butte County Code 24-82). 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 Agricultural Commissioner 4. Butte County Local Agency Formation Commission If staff receives any additional comments from outside agencies, they will be sent out by email. Page 1 of 3 The following is a brief summary of the comments discussed at the meeting: Planning— Both Options; 1. The applicant discussed what zoning would be most appropriate; M-R, FR-5 or TM-5. Staff believes that either FR-5 or M-R would be most appropriate. This could change during the process. 2. Reviewed the Flexible Lot Provision section (BCC 24-82) requirements including open space area and maintenance of the open space. 3. An oak tree plan, prepared by a certified arborist, should be prepared to identify oak trees on site to be removed. The plan should be submitted with project submittal. Staff will include a mitigation measure to address oak tree removal. 4. Not discussed at the meeting, but it will help in processing the project, if a biological study, wetlands survey and an archeological report be prepared and submitted with the application. Other studies may be required during project review. Public Works— 1. A preliminary drainage plan will need to be submitted as part of the application. 2. Discussed the option of public road versus private (gated) roads. Included draft conditions are for a public road option. Public Works discussed the improvement for the private road option. 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 prosect application submittal. Environmental Health— 1. Due to the presence of a considerable amount of water (springs, drainage ways) on the parcel we are concerned that the areas indicated for sewage disposal may not have adequate depth of soil above seasonally high groundwater levels to meet the minimum requirements of Appendix VII. 2. We suggested that the applicant begin a pre-application review with our office to determine his depth of soil availability as soon as possible to assure that he will be able to complete his preliminary soil mantel test evaluations in time to be able to get his monitoring pipes in place for this coming wet weather monitoring season. 3. 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 terns of the form. California Department of Forestry— 1. 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 protect application submittal. Page 2 of 3 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, Mark Michelena Senior Planner Cc: Michael Evans Enc Page 3 of 3 _ 24-115 M-R(Mountain or Recrr-`:-)n Subdivision-Residential) Zone. Page 1 of 1 Chapter 24 ZONING* Article III. Zone Districts* 24-115 M-R (Mountain or Recreation Subdivision-Residential)Zone. (a) Uses permitted: (1)Agricultural and forestry experimental areas. (2)Arboretums. (3) Harvesting of wild crops, timber or such as marsh hay, ferns, moss and berries. (4) Pedestrian and equestrian trails. (5) One (1) single-family dwelling or modular home per parcel. (6)The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six(6) or fewer persons and shall be subject to all applicable state regulations and limitations. (b)Accessory uses: (1)Those uses and structures normally associated with a single-family residential use and are in conjunction with or incidental to the residential use, including but not limited to a garage, workshop, garden, private swimming pool, private tennis court, gazebo, spa, etc. (2)A guest house as defined by section 24-305.175. (3) Second dwelling unit subject to the requirements of section 24-280. (4)Agricultural uses, including the keeping of animals, subject to the animal maintenance requirements of sections 24-255 through 24-255.15, inclusive, of this Code. (c) Uses requiring use permits. The following uses are permitted subject to a use permit: (1) Public and quasi-public uses. (2) Private or commercial outdoor recreational facilities on sites not less than five (5) acres, including, but not limited to, golf courses, recreational clubs, riding academies and stables, hunting lodges and camps, boat ramps, and campgrounds. (d) Uses requiring a minor use permit. The following uses may be permitted subject to the requirements of section 24-41: (1) Large family day care facilities subject to the requirements of section 24-165. (2) Bed and breakfast home. (e) Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40: (1) Home occupations subject to the requirements of section 24-270. (2)Temporary uses as listed in section 24-300. (3)A temporary mobile home subject to the requirements of sections 24-295 and 24-295.10. (f) Site requirements: (1) Minimum lot area. Five (5) acres. (2) Minimum lot width required. Minimum lot width shall not be less than one hundred thirty (130) feet as measured along the lot frontage or at the building setback line. (3) Side and rear yard required. Minimum side and rear yard shall lot be less than ten (10)feet. (4) Front yard. Minimum front yard setback shall be twenty (20) feet from the edge of the ultimate right-of-way from all public or private roads except where the road is classified as a federal aid road, in which case the setback shall be twenty-five (25)feet from the edge of the ultimate right- of-way. (5) Flexible lot size provisions. Land divisions may be designed and processed in accordance with the flexible lot size provisions of section 24-82. In such instances, the site requirements described for this zoning district shall not apply. Land division appl cations proposing to use the provisions of section 24-82, shall be so identified. (Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3321, §4, 2-11-97; Ord. No. 3560, § 4, 10-12-99; Ord. No. 3906, § 2, 3-22-2005) << previous I next>> http://municipalcodes.lexisnexis.com/codes/butteco/ DATA/CHAPTER24/Article_III_Z... 8/22/2007 i 24-110 FR-1 through FR-160 (Fon+hill Recreational)Zones. Page 1 of 2 Chapter 24 ZONING" Article III. Zone Districts" 24-110 FR-1 through FR-160 (Foothill Recreational) Zones. The following permitted uses, uses requiring a use permit, and administrative uses shall apply to all zones FRA through FR-160. Site requirements for each zone will be listed separately. (a) Uses permitted: (1) One (1) single-family dwelling or modular home per parcel. (2) Mining, quarrying, and commercial excavation which is exempt from a mining permit and reclamation plan pursuant to chapter 13 of the Butte County Code. (3) Protection of land and forests from fire, erosion, floods, slides, quakes, insects, diseases and pollution, including arboretums and natural, experimental and study areas. (4) Pedestrian, equestrian and bicycle trails. (5)Agricultural and forestry experimental areas. (6)The erection, construction, alteration or maintenance of gas, electric, water or communication transmission facilities, hydro generating projects of five (5) megawatts or less. (7)The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six(6) or fewer persons and shall be subject to all applicable State regulations and limitations. (b)Accessory uses: (1)Those uses and structures normally associated with a single-family residential use and are in conjunction with or incidental to the residential use, including but not limited to, a garage, workshop, garden, private swimming pool, private tennis court, gazebo, spa, etc. (2)A guest house as defined by section 24-305.175. (3) Second dwelling unit subject to the requirements of section 24-280. (4)Agricultural uses including: a. Keeping and raising small animals for domestic use, including dogs, cats and household pets, poultry and other birds, bees, fish, worms and frogs; b. The keeping of animals, subject to the animal maintenance requirements of sections 24-255 through 24-255.15, inclusive, of this Code; c. Raising and harvesting trees, fruit, grain, flowers, herbs and other plants and food crops; d. Display and sale of agricultural goods produced on the premises; e. Necessary accessory uses, not including storage and processing of goods from nonadjacent land or land under different ownership. (c) Uses requiring use permits. The following uses are permitted subject to a use permit: (1) Mining and commercial excavation requiring a mining permit and reclamation plan pursuant to Chapter 13 of the Butte County Code, home occupations which might be objectionable because of noise, odor, smoke, dust, bright light, vibration, pollution, traffic congestion, unsightly storage areas, materials or equipment, the handling of explosives or dangerous materials or the storage of one hundred (100) or more gallons of flammable fluids. (2) Kennels and animal hospitals on sites not less than five (5)acres. (3) Private or commercial outdoor recreational facilities on sites not less than five (5) acres, including, but not limited to, golf courses, recreational clubs, riding academies and stables, hunting lodges, and camps, boat ramps and campgrounds. (4) Public and quasi-public uses. (5) Public tasting rooms in conjunction with a winery on sites not less than five (5) acres, provided that such tasting room must be accessory to the on-site winery. (6) Wood lots. (7) Bed and breakfast inns. (8) Mobilehome parks subject to the density of the general plan, in the FRA zone only. (d) Uses requiring a minor use permit. The following uses may be permitted subject to the requirements of section 24-41: (1) Large family day care facilities subject to the requirements of section 24-265. (2) Bed and breakfast home. http://mur icipalcodes.lexisnexis.com/codes/butteco/ DATA/CHAPTER24/Article_III Z... 8/29/2007 24-110 FR-1 through FR-160 (F--hill Recreational) Zones. Page 2 of 2 (e) Uses requiring an administrative permit. The following uses may be permitted subject to the requirements of section 24-40: (1) Home occupations subject to the requirements of section 24-270. (2)Temporary uses as listed in section 24-300. (3)A temporary mobilehome subject to the requirements of sections 24-295 and 24-295.10. (Ord. No. 3176, § 1(Exh. A), 1-24-95; Ord. No. 3321, § 3, 2-11-97; Ord. No. 3536, §2, 7-13-99; Ord. No. 3906, §2, 3-22-2005) << previous I next>> http://municipalcodes.lexisnexis.com/codes/butteco/ DATA/CHAPTER24/Article_III_Z... 8/29/2007 is BUTTE COUNTY STANDARD CONDITIONS FOR I I l ! !a TENTATIVE SUBDIVISION MAP ��_ J /��� IT APPLICANT: BUTLER,JOHN DATE: 7/25/2007 AGENT: Michael G. Evans APN: 062-270-021 FILE #: PRED07-0006 PLANNER: Mark Michelena PROJECT DESCRIPTION: A pre-development application to discuss a Rezone of a +/- 53 acre parcel from Unclassified "U" to Mountain-Recreation (M-R) and a subdivision creating 11 lots (10 lots ranging in size from 1.16 to 1.81 acres) and one 35-acre lot, using the flexible lot provision (BCC 24-82). Individual wells and septic systems are proposed. The project site is located on the south side of Bald Rock Road, in Berry Creek, approximately 5.6 miles east and south of Oroville Quincy Highway. Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ® 1. Prior to or concurrently with the recordation of the Final Map, provide fully executed road maintenance agreements 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 entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. ❑ 5. Prior to or concurrently with the recordation of the Final Map,relinquish abutter's rights of access to Butte County along the I frontage of parcels 1,except at approved access points. ® 6. Prior to recordation of the Final Map, provide street name signs per requirements of the Department of Public Works. Street names shall be reviewed by the County Address Coordinator and one name for each new street shall be recommended to the Board of Supervisors for approval prior to recordation of the Final Map. A minimum of five alternate names for each new street shall be submitted. ® 7. Prior to final road inspection, install all necessary traffic safety signs including stop signs. For all non-publicly maintained access roads, a note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Final Map stating: "No public entity shall be responsible for the maintenance of the traffic safety signs including stop signs. In accordance with Civil Code Section 845,maintenance of the traffic safety signs shall be shared by those properties with a legal interest in them." ® 8. Prior to recordation of the Final Map, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. ® 9. Prior to the recordation of the Final Map, obtain an encroachment permit and construct standard S- 18B road approaches in accordance with County Improvement Standards. Adequate sight distance at the intersection of access roads and Bald Rock Road shall be provided. Right-of-way required for construction of road approach and roadside drainage shall be provided. ® 10. Provide cul-de-sacs designed and constructed as specified in the County Improvement Standards. The Final Map shall show the cul-de-sacs. ❑ 11. Prior to the recordation of the Final map, construct or provide a performance bond and labor and material bond for the construction of a 1/2+12' / full street section on I to an RS-1 geometric standard. Minimum structural section to be I"AC,and I"AB,prime coat,fog seal and 95 %relative compaction. Submit design to Land Development Division for approval prior to construction. "R" value determination and other data may be required to support the section design. 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 ''/z+ 12' street section on Bald Rock Road to an RS-4A road standard with 5"AC, and 14"AB, prime coat, fog seal and 95 %relative compaction. Construct a full street section on interior streets to an RS-6 road standard with double seal coat and 4"AB,prime 0 coat, fog seal and 95 /o 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. Comply with county policies for a privately maintained gated community. ❑ 13. Prior to recordation of the Parcel Map, provide approved access to each parcel from a County maintained road or from a state highway. Improve parcel I frontage to RS-1 LD-1 and access road to parcel being divided to RS J LD-1 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 'h+ 12' /full street section on I to an RS-1 road standard including, but not limited to curb, gutter and sidewalk for parcels with gross acreage of one acre or less. 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. Construct access to lot I per Butte County Code 20-136. Submit design to the Department of Public Works for review and approval prior to construction. ❑ 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_rust 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 benc`zmark 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 Waiter 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 I. ❑ 6. Prior to recordation of the Final Map, a preliminary soils report or acceptable soils waiver letter prepared by a California registered civil engineer and based upon adequate testing shall be submitted to the Department of Public Works for review and approval. BUTTE COUNTY J� STANDARD CONDITIONS FOR ? R TENTATIVE SUBDIVISION MAP APPLICANT: BUTLER,JOHN DATE: 7/25/2007 AGENT: Michael G. Evans APN: 062-270-021 FILE #: PRED07-0006 PLANNER: Mark Michelena PROJECT DESCRIPTION: A pre-development application to discuss a Rezone of a +/- 53 acre parcel from Unclassified "U" to Mountain-Recreation (M-R) and a subdivision creating 11 lots (10 lots ranging in size from 1.16 to 1.81 acres) and one 35-acre lot, using the flexible lot provision (BCC 24-82). Individual wells and septic systems are proposed. The project site is located on the south side of Bald Rock Road in Berry Creek P J > ry approximately 5.6 miles east and south of Oroville Quincy Highway. Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT ' FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: S. FIRE CLEARANCE 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_800_feet, hydrant size_6 inches, and residual fire flow of _1,000 GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. ❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. ❑ 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. r` 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 Also lets make the applicant aware of the dead end road lengths. If they are currently exceeded additional ingress/egress will be required. 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------1320 feet parcels zoned for 5 acres to 19.99 acres-------2640 feet parcels zoned for 20 acres or larger--------5280 feet All lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at the intersection that begins the road to the end of the road surface at its farthest point. Where a dead-end road crosses areas of differing zoned parcel sizes,requiring different length limits,the shortest allowable length shall apply. (b)Where parcels are zoned 5 acres or larger,turnarounds shall be provided at a maximum of 1320 foot intervals. (c)Each dead-end road shall have a turnaround constructed at its terminus. Butte County Depi nent of Development SOT TF Services 00 00 TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 o _ o 7 County Center Drive =- Oroville, CA 95965 C�UN�y (530) 538-7601 Telephone (530) 538-7785 Facsimile August 2,2007 To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: BUTLER,JOHN,PRED07-0006 Planner: Mark Michelena APN: 062-270-021 Location: A pre-development application to discuss a Rezone of a+/-53 acre parcel from Unclassified "U" to Mountain-Recreation (M-R)and a subdivision creating 11 lots(10 lots ranging in size from 1.16 to 1.81 acres)and one 35-acre lot,using the flexible lot provision(BCC 24-82). Individual wells and septic systems are proposed. The project site is located on the south side of Bald Rock Road,in Berry Creek, approximately 5.6 miles east and south of Oroville Quincy Highway. 30-Day Complete 08-21-07 Date of IDR 8/22/07 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, 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 8/22/07? Do you find this application complete? X Yes. Conditions and/or mitigation measures are attached or will be provided at the IDR meeting. No apparent adverse agricultural issues, no other conditions or mitigating measures. Signature: �Rp6ert C. 5VIT Dgua, . Commissioner Department: Agriculture - Date: August 2,2007 K:/PlarminptProjects/A New File/IDR Memos/IDR Completeness 8/30/05 BUTTE LOCAL AGENCY FORMATION COMMISSION 1453 Downer Street, Suite C • Oroville, California 95965-4950 (530)538-7784 • Fax (530)538-2847 • www.buttelafco.org MEMORANDUM TO: Mark Michelena, Senior Planner, Butte County Planning Division Sc0' FROM: Steve Betts, Principal Planner SUBJECT: PRED 07-0006—Butler DATE: August 8, 2007 The affected parcel is located within the boundaries of the following local agencies (TRA 101- 000): • Butte County Mosquito &Vector Control District . • Feather River Park& Recreation District • Pioneer Elementary School District • Oroville Union High School District • Butte Community College District • CSA 164—Butte County Animal County District • Butte County Resource Conservation District Thank you for the opportunity to review the above referenced project. LAFCO has the following comments 1. If urban type services (e.g. street lighting, drainage, fire protection, etc.) for the new development are proposed to be provided through formation of a new local agency such as a county service area(CSA) or a community service district(CSD), LAFCO as the authorizing agency, should be consulted early to allow for a meaningful analysis of the issue prior to County consideration of the development application. This early coordination will allow for the anticipated LAFCO action to be fully integrated into the project review process and should result in the proposal being: A. Fully described in the project description; and B. Fully addressed in the appropriate environmental documents; and C. Circulated to LAFCO for review as an agency with an approval role; and D. Fully integrated into the public hearing process. The absence of this early coordination and failure to address the LAFCO related issues as described will require additional environmental review and related studies at such time a 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, minimizinge �VTT'JlJ COUNTY ' AUG 14 2007 DEVELOPMENT SERVICES Mark Michelena August 8,2007 Page 2 of 2 creation of new governmental entities, limiting urban sprawl and directing new development to areas with existing urban service providers. 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. 24-82 Flexible lot size provision- Page 1 of 5 Chapter 24 ZONING* Article III. Zone Districts* 24-82 Flexible lot size provisions. (a) Purpose and intent. The purpose and intent of the flexible lot size provisions contained in this section is to increase the retention of natural resources, open space, and wildlife habitat, avoid hazardous areas, and further implement the goals and policies of the Butte County General Plan. Following are specific goals of the flexible lot size provisions: (1) Provide an incentive to create quality residential developments, particularly where special conditions exist that prevent the attainment of the maximum permitted density of a property that could otherwise be attained through conventional subdivision design; (2) Require the avoidance of hazardous areas (e.g., one hundred (100)year flood zones) and preservation of environmentally sensitive areas (e.g., wetlands and special-status species habitat), productive agricultural and timber lands, and important cultural and scenic resources; (3) Facilitate innovative development concepts that achieve greater consistency with the Butte County General Plan; (4) Provide permanent open space for a variety of natural resource purposes; (5) Preclude additional development that may conflict with neighborhood quality of life; (6) Provide increased open space which may include active and passive recreation features that reduce demand for public park land; (7) Reduce infrastructure requirements by reducing the length of streets and water and sewer lines and by potentially reducing street width requirements. (b)Applicability. The provisions contained in this section are applicable, as described in this section: (1) Processing requirements. Allowed by right in all residential zoning districts that allow flexible lot size provisions, as specified in this section. A conditional use permit, planned unit development(PUD), or other rezoning application is not required; (2)Applicable parcel size. Parcels that could potentially be subdivided based on the minimum lot size specified in the applicable zoning district; (3) Land divisions. This process is applicable to all subdivisions, parcel maps and parcel map waivers regardless of the number of lots proposed; (4) Optional use. Use of the flexible lot size provisions is optional. Persons wishing to subdivide and develop land may utilize this section or may proceed under other existing County Code requirements without use of these provisions; (5) Reference to flexible lot size provisions. Residential development applications submitted pursuant to this section shall be clearly identified as being so-designed on the tentative map; (6) Limitation on location. The use of the flexible lot size provisions shall not be applicable in urban areas designated in the Improvements Standards for Subdivisions, Parcel Maps and Site Improvements for Chapter 20 of the Butte County Code or within any adopted airport Comprehensive Land Use Plan. (c)Application requirements. The following processing procedures apply to the flexible lot size provisions. These procedures must be followed once a decision has been made to utilize the flexible lot size provisions. Subsequent to completion of the steps described in this subsection, a formal application filed pursuant to the flexible lot size provisions shall be processed and acted upon in accordance with standard provisions of the County Code governing tentative map and waiver applications, as specified in subsection (d) of this section. (1) Preliminary consultation. It is recommended that applicants proposing to utilize the flexible lot size provisions meet with development services staff prior to making an application. Once the decision has been made to proceed, the applicant must submit information specified in subsection (c)(2) of this section in order to begin the pre-development review process required in subsection (c)(3) of this section. (2) Supplementary application materials. The following materials shall be submitted: a. Opportunities and constraints mapping. At a minimum, this mapping shall illustrate land not suitable for development, as described in subsection (g)(1) of this section. b. Conceptual development plan. The conceptual development plan shall identify building http://municipalcodes.lexisnexis.com/codes/butteco/ DATA/CHAPTER24/Article_III_Z... 8/14/2007 24-82 Flexible lot size provision- Page 2 of 5 lots/sites (including a description of the maximum number of lots), rcads, open space areas and other features based on the opportunities and constraints mapping. n addition, the conceptual development plan shall address all items listed in subsections (g) (except(g)(3)), (h) and (i) of this section. Where appropriate, information may be provided in narrative form. (3) Pre-development review meeting. Once a preliminary application has been submitted, development services department staff shall schedule a pre-development review meeting that includes the applicant and representatives from the development services department, environmental health division, public works department, county fire department and any other agency with applicable interest in the proposed development site. The purpose of this meeting is to provide the following preliminary direction to the applicant: (1) identify any potential inconsistencies with county ordinances and policies; (2) identify design components and filing requirements recommended for the formal tentative subdivision map application; (3) discuss the review process; (4) identify potential environmental impacts; and (5) identify special studies that may be required to accompany the formal application. Any direction given shall be preliminary and is subject to further refinement or change as the application progresses to and through the formal application process. Following the meeting, the development services department shall send a letter to the applicant describing recommended direction, additional filing requirements for . the formal application, and other determinations reached at the meeting. (4) Fee. A fee may be charged to cover county staff time in the pre-development review meeting in accordance with Articles IV and IX of Chapter 3 of the Butte County Code. (d) Formal application requirements. Following completion of the pre-development review processing steps set forth in subsection (c) of this section, development applications utilizing the flexible lot size provisions shall follow standard county code requirements governing tentative subdivision, parcel map and parcel map waiver applications. (e) Development standards. Development applications designed and submitted pursuant to the flexible lot size provisions shall adhere to the development standards for the zoning district applicable to the property; except as modified below: (1) Determination of allowable density. Residential density is solely a function of the zoning district applicable to the land at the time development is proposed. The maximum number of residential lots or units of a development submitted under the Flexible Lot Size Provisions shall be calculated based on the zoning and acreage applicable to the land to be developed. (2) Minimum lot size requirement. Lot size is flexible and can be variable; however, the provisions of Butte County Code section 24-75 shall apply as a minimum lot site provided the county's building code, sewage disposal, water supply, health and safety, fira safety and other applicable regulations are met. (3) Subdivision map notation. Final subdivision and parcel maps shall include a notation that stipulates that the parcels created under the provisions of this section cannot be further divided except remainder parcels in phased developments, as provided in subsection (h) of this section. (4) Building setbacks/yard area and lot dimension requirements. Building setback and lot dimension requirements are flexible, but under no circumstance shall setbacks from property lines be less than five (5)feet. Lots may be designed with building envelopes instead of conventional building setbacks. Building envelope areas must be delineated on the tentative and recorded subdivision maps. Lot areas outside of established building envelopes will not automatically require the establishment of open space easements. Depending upon the reason for the use of building envelopes, a conservation easement may be used or alternative management standards may be established. All site development shall be consistent with the county's fire safe requirements and Public Resources Code, Secticn 4290. (5) Street design. Street improvements shall be governed by the following factors: a. Deviation from conventional road and sidewalk requirements may be requested by the applicant. The decision-making body may approve deviations depending upon project design, site conditions and other factors. b. Streets may be privately owned and maintained, or may be proposed for dedication to the county. c. All street design standards shall be approved for safety by the Director of Public Works and the County Fire Marshal. (6) Sewage disposal/potable water. a. Subdivisions creating less than twenty-five (25) parcels shall meet the following standards: 1. Sewage disposal shall be by an individual system located on the parcel it serves and approved by the Butte County Environmental Health Division. 2. Domestic water shall be provided by individual wells, as defined by Chapter 23 of the Butte County Code. Individual wells shall not be located in the open space area or on a common area http://municipalcodes.lexisnexis.com/codes/butteco/ DATA/CHAPTER24/Article_I1I_Z... 8/14/2007 24-82 Flexible lot size provisioi Page 3 of 5 parcel unless the applicant can show that water is not available in other locations and that impacts to sensitive or protected lands can be avoided or mitigated. b. Subdivisions creating twenty-five (25) or more parcels may meet the following standards: 1. The project may use a community sewage disposal system and community well, provided there is a homeowners association as the responsible maintenance entity. 2. Community facilities may be located on the open space parcel provided it can be located on suitable land that is not subject to physical or environmental constra nts. Each request shall obtain tentative clearance from the Butte County Health Department, Environmental Health Division for the proposed lot sizes. Soil tests, drilling of test wells, or geologic reports may be required to provide evidence of sewage disposal capacity and domestic water availability. Minimum lot areas for septic systems must comply with section 20-120.1 of the Butte County Subdivision Ordinance and Appendix VII of the Improvement Standards for Subdivisions. (f) Permitted uses/accessory uses. Except as noted in this section, all land uses permitted in the applicable zoning district shall be permitted under the flexible lot size provisions. Where modifications in lot design standards have occurred, as provided for in this section, there may be limitations on certain permitted and accessory uses due to lot coverage restrictions and/or setbacks prescribed in the applicable zoning district. Uses allowed in dedicated open space shall be limited as described in subsection (g) of this section. Exceptions: (1) Second units. Second units are allowed in projects submitted under the flexible lot size provisions, where allowed by the underlying zoning district; provided, however, that all relevant site requirements and development standards can be satisfied. (g) Open space requirements. The following requirements apply specifically to areas identified as dedicated open space in flexible lot size developments: (1) Land not suitable for development. Dedicated open space areas shall be designated for all land not suitable for development. Primary areas must be avoided and reserved as permanent open space in all instances. In some instances, the decision making body may require that secondary areas or portions of secondary areas be avoided. In addition, other lands may be required to be in the designated open space to meet the minimum requirements of subsection (g) (4) of this section or may be included at the request of the applicant. a. Primary areas: 1. One hundred (100)year flood zones, 2. Wetlands, riparian areas and other sensitive biological habitats, 3. Unstable slopes, 4. Sensitive archaeological sites; b. Secondary areas: 1. Timber areas, 2. Scenic areas, 3. Historic areas, 4. Deer migration, established fawning and winter range areas, 5. Areas with a slope of thirty (30) percent or greater, 6. Viable/important grazing lands. (2) Open space/conservation easement required. Areas not designated for development shall be reserved as open space pursuant to this section. Open space shall be guaranteed in perpetuity using one or more of the following control mechanisms: a. Dedication of a conservation (or open space) easement to the county, other public agency or.a public interest land trust; b. Dedication of land in fee-title to the county or other public agency; c. A development agreement with deed restrictions or other appropriate mechanisms. The above mechanisms may be used separately or in combination with transfer of development credits, and density transfer covenants, as provided for in subsection (i) of this section. Remainder lots in phased developments identified as being reserved for potential future development are exempted from this requirement(see subsection (h)of this section). (3) Open space management plan required. Public and private open space shall be maintained in accordance with an open space management plan acceptable to and approved by the county. Such plans shall, at a minimum, address the following: a. Grass and brush clearing for fire fuel management, as required ':)y site conditions; b. Erosion control; c. Sewage disposal, water well, and stormwater drainage facilities„ including ditches and detention basins, if proposed for the development; d. Other natural resource management.activities and uses. Open space management plans shall include provisions for long-term maintenance of improvements and facilities that will not result in http://municipalcodes.lexisnexis.com/codes/butteco/_DATA/CHAPTER24/Article_III_Z... 8/14/2007 24-82 Flexible lot size provision Page 4 of 5 a fiscal impact on the county. (4) Open space minimums. The amount of open space reserved in a project shall vary in accordance with the following provisions: a. For projects in zoning districts with a minimum lot size requirement of five (5) acres or less, open space requirements shall be based solely on the constraining site features, as described in subsection (g)(1) of this section; b. For projects in zoning districts with a minimum lot size requirement of greater than five (5) and less than forty (40) acres, a minimum of fifty (50) percent of the total project site shall be dedicated as permanent open space. The fifty (50) percent open space dedication requirement does not apply in instances where there are no areas unsuitable for development(as described in subsection (g)(1) of this section and the subdivision design merely proposes a variety of lot sizes; c. For projects in zoning districts with a minimum lot size requirement of forty (40)to one hundred sixty (160) acres, a minimum of eighty (80) percent of the total project site shall be dedicated as permanent open space. (5) Uses permitted in dedicated open space. Uses and activities within dedicated open space shall be compatible with open space land. Unless limited or restricted by a conservation easement, development agreement, conditions on the approved tentative map, or other restricting mechanism, the following uses are permitted: a. Agriculture, including grazing and timber management, are permitted uses where allowed by the underlying zoning district; b. Uses requiring a use permit in the zone in which the land lies, provided a use permit is obtained from the planning commission; c. Resource conservation; d. Wildlife management; e. Recreational activities compatible with the objectives of the open space management plan, as required by subsection (g)(3) of this section; f. Community wells, community septic systems, community sewage disposal systems and individual wells under certain circumstances; g. Pedestrian, bicycle and equestrian trails. Public access is not required, but may be permitted subject to a public access easement being recorded; h. Other similar uses, as determined through the application review process. (6) Contiguity. To the maximum extent possible, on-site open space areas should be consolidated or linked, and not fragmented. This will facilitate wildlife movement, maintain functioning biological communities and accommodate recreational opportunities. Open space connections to adjoining land beyond the project site should be anticipated and identified where practicable. (7)Access to open space. To the extent practicable, all residential lots shall have physical and/or � visual contact with permanent open sace. This is intended to facilitatesurveillance, foster routine maintenance, and improve the quality of life of project residents through the integration of homesites into a permanent open space setting. (8) Trails. Where pedestrian, bicycle and/or equestrian trails are ccnstructed in dedicated open space areas, the following requirements shall apply: a. Environmentally sensitive areas shall not be impacted; b. Privacy of proposed on-site and existing off site residences shal not be intruded upon; c. Public access shall be permitted only where public access easements, consistent with an adopted trail master plan, have been acquired. (h) Phased development. Projects may be proposed for development in two (2) or more phases. Remainder portions may be proposed and set aside for further development. In such instances, the following shall apply: (1) Land not proposed for immediate development shall be labeled"Remainder" on the subdivision map. (2) The acreage of the remainder may only be included in the calculation of residential density of the developed area if a transfer of density (as addressed in subsections (g)(7) and (i) of this section) has been approved. (3)When development of the remainder portion is proposed, a subdivision application may be filed as a conventional development, planned unit development(PUD), or flexible lot size development. (4) Residential density transfers shall also include lands set aside as permanent open space. (5)Where phasing is proposed, open space proposed for the entire development area shall either be developed or guaranteed in proportion to the number of dwelling units proposed on a http://municipalcodes.lexisnexis.com/codesibutteco/ DATA/CHAPTER24/A ticle_III_Z... 8/14/2007 24-82 Flexible lot size provisioi Page 5 of 5 phase-by-phase basis. (6) Under no circumstances shall phased development result in higher residential density than is otherwise permitted by the zoning district. (i) Development credit/density transfer. (1) Development credits or density may be transferred within parcels, across parcel lines of contiguous parcels, and from non-contiguous lands that are part of a single development proposal. (2)All development credit transfers shall be specified and governed by a development agreement or other suitable instrument between the developer, applicable sending site landowner, and the county. (Ord. No. 3560, § 1, 10-12-99; Ord. No. 3906, § 2, 3-22-2005) << previous next>> http://municipalcodes.lexisnexis.com/codesibutteco/ DATA/CHAPTER24/Article_III Z... 8/14/2007 n) ^ x vnn Iry ............. 4-qAlll 77 05 77��X755 970 $g),S' oLS f�`w o�•�i,��1����'��"�/ ,� 2 9/Z z i� o is. Z�"� ��J'��off' rT o a Butte County Department of Development Services 0�OTt�0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR 0 0 0 0 7 County Center Drive o Oroville, CA 95965 (530) 538-7601 Telephone c�UNZy (530)538-7785 Facsimile www.buffecounty.net/dds www.buttegen6ealplan.net ADMINISTRATION* BUILDING *PLANNING August 16, 2007 John Butler 2256 Bald Rock Road Berry, CA 95928 REGARDING: A pre-development application meetint to discuss a Rezone of a +/- 53 acre parcel from Unclassified "U" to Mountain-Recreation (M-R) and a subdivision creating 11 lots (10 lots ranging in size from 1.16 to 1.81 acres) and one 35-acre lot, using the flexible lot provision (BCC . 24-82). Individual wells and septic systems are proposed. Dear Mr. Butler: This letter is to inform you that a pre-application conference has been scheduled for Au sgu t 22, 2007 at 1:00 p.m. in the Department of Development Services Conference Room A, at 7 County Center Drive, Oroville. Your attendance at this meeting is requested. Should you have any questions or need any additional information, please feel free to call me at (530)538-7153, between the hours of 7:30 a.m. and 4:30 p.m., Monday through Friday, or email me at mmichelenana,buttecounty.net. Sincerel y, chelena Senior Planner ` Cc. Michael Evans Butte County Department of Development Services a UT 0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o o /� o 7 County Center Drive o Oroville, CA 95965 (530)538-7601 Telephone cOUN'i (530)538-7785 Facsimile www.buttecounty.net/dds www.butte-generalplan.net ADMINISTRATION * BUILDING* PLANNING MEMORANDUM TO: Stacey JolIiffe; Planning/Division Eric Schroth, Department of Public Works FROM: Mark Michelena SUBJECT: Follow-up to PRED07-0006 Butler DATE: February 28, 2008 Please review the a/ached information. Michael Ev ns has requesteVO meeting to PREDO��/-0006. He would like to discuss a proposed cha submitting the application. ZThe meetingis cheduled for Tuesda , March th, 9:O0 1 will e'd you a to ati Y I Y \ for the meeting y the end of the week. l l m4NS f& a/ WORKS r )BUTTE Calif. Gen. Eng. Contractor#548284 COUNTY Michael G. Evans FEB 2 8 2008 One Nice Place, Oroville, CA 95966 DtVE&OPINMN I (530) 570-5498 -Fax(530) 533-6028 SERVIM oneniceplace@sbcglobal.net February 27, 2008 Mr. Mark Michelena Butte County Dept. of Development Services 7 County Center Drive Oroville, CA 95965 RE: FLEX Subdivision pre-application meeting#2 for John Butler APN 062-270-021 Dear Mr. Michelena, Enclosed please find six(6) sets of maps for your review prior to the Tuesday March 4 meeting for this matter prior to formalizing the Tentative Map application. The maps are three pages, one being a sample Tentative Map, one an enlargement for detail purposes and the third is the proposed road alignment and profile. We are contemplating a concurrent Lot Line Adjustment application with the neighbor who owns Deer Springs Road, APN 062-270-025, in order to abut said road and increase the size of the adjacent lots. An easement to Deer Springs will also be acquired and that portion of this easement will be constructed to Permanent Road Division standards from Bald Rock Road southerly to the proposed:new access road into the site for proposed lots 4 through 9. This portion will remain a private road and is proposed to be constructed to County Standard RS-6. A cul de sac and gate will be included as per County requirements. We will also be including a concurrent Rezoning application to MR-5, which will allow for the proposed 11 FLEX lots. Please consider also whether second dwellings will be allowed on Lots 10 and 11 under this layout. We look forward to meeting with the staff review committee and hearing your comments. ,Sincerely,. Michael G. Evans Z-V4NS fuN IVO/?KS of e� R U A-5 U • TM n awRd z' v� m e A-5 �� a AR a �" ey U � — a, 062-270-021 TM FR-10 0 0 R f 0 I a o a 1 013 5 5 'W Rn rc t 062-270-021 i MAK (S=OS" C LEGEND TRAIL(CONCEPT)' + a PSI 177711.1 LOT NO. ^y (\JJ�) 100'X 100' BUILDING USDA(10,000 SFa SITE QSITE tit�c o PR O P.W ELLSITE CONTOUR INTERVAL 40 FEET 109 M 25 W/log SETBACK Qq SCALE 1'=200' APN 062470-023 LOT AREAS: ALD R ck RESD ENCE APN 062470-022 26M 1 = 53322 S.F. = 1.22 AC. �o BAIDva R=SV pry 062-270 2 = 65831 S.F. = 1.51 AC. `l L 175 0311 3 = 69666 S.F. = 1.60 AC. 3ati o 4 = 62945 S.F. = 1.45 AC.ti PROP.WELL ST 1` APN 062-270-024 5 = 59926 S.F. = 1.38 AC. W/100'SETBACK RESIDENCE APN 062-770019 6 = 63286 S.F. = 1.45 AC BEAN RESIDENCE I � 6a 6 R- eo EXISTING 7 = 50428 S.F. = 1.16 AC. a 165 O.H.ELEC./7EL FE p} 0.H.ELG 8a o L� POLE UNE 8 =1544932 S.F. = 35.47 AC. +-(SEE NOTE 4) O.H•ELEC.lTEL rn N POLFUNE �W �o TING 9 = 63174 S.F. = 1.45 AC. SEASONALPOND o HCM R=470• 10 = 73423 S.F. = 1.69 AC. APN 062-270-020 L=1169 RESIDENCE _ 11 = 78771 S.F. = 1.81 AC. &PT© x'9'0 t TOTAL = 50.19 ACRES +-(SEE NOTE 4) SITE LOCATION OPROP.WELL SITE N O SCALE 60 OWNER: JOHN BUTLER W/100'SETBACK APN 062-270-017 R=100 :•, EXISTING NOTES: 2256 BALD ROCK ROAD DRIVEWAYS RESIDENCE '•����<:' � BERRY CREEK ROAD,CA 95916 PR 10 WE kR--loo- APN 062-364x11 1) HATCHED AREAS ARE LEACH FIELD FREE SETBACK 100 SE 7ja RESIDENCE AREAS FROM WELLS,SPRINGS,SWALES AN D AREAS 111 M80 I LSPRING UNSUITABLE FOR SEWAGE DISPOSAL PURPOSES. APN: 062-270-021 2) PROPOSEDREZONETOFR5AND FLEXIBLELOT ACREAGE: 58ACt > DEED: 05-10100 pTICSETBACK PROVISIONS SUBDIVISION. 3) PROPOSED PRIVATE ROADS-AA-AND'8B-TO BE ZONING: UNCLASSIFIED(EXIST.) FR-5 PROPOS® CONSTRUCTEDTO PAVED,TWENTY FOOT WIDE GENERAL PLAN: AR (AGRICULTURAL-RESIDENTIAL) PROP.WELL SITES EXISTING USE: HOME SITE APN 082-270-025 WI 100'SETBACK TRAVELED WAY AS PER FLEX.LOT PROV.SEC. RESIDENCE 24-82(e)(5). PROPOSED USE: FLEX LOT PROVISION SUBDMSION 2000 ryh \ a 79 M gg 4)ASSESSOR INDICATES PARCEL IS 55+ACRES, LOT SIZE RANGE 10 LOTS @ 1.15 AC.TO 3.24 AC.EACH °D CURRENT RECORD IN FOMAT ION INDICATES LESS 1 LOT @ 38+AC. ep WATER: INDNIDUAL WELLS PROP•WELL SITES a � APN 062.354033 ACREAGE,TO BE DETERMNm 8Y BOUNDARY SURVEY. W/1W SETBACK \ 300 RESIDENCESEWAGE DISPOSAL: INDIVIDUAL LEACH SYSTEMS 5)IF PROPERTY IS DETERMINED TO BE LESS THAN 55 APN 062.274028ELECTRICITY: PG&E RESIDENCE F.6tE8 ACRES,PROPOSED LOT 11 WILL BE ELIMINATED AND R PRIVATE ROAD BB SHORTENED TO LAT 10. TELEPHONE: ATT R=50' \TRAL SYSTEM ' \ `GAS: PROPANE (F CP/CEPT) o \ R K SEASONAL SPRING W/ / aiTimp R=I00'SEPTIC SETBACK. PROP.WELL SITES \ 2 MEAD ON \ W/100'SETBACK �( ME N PQ (—, c 2 ROCK. REZONE AND - �CUiCROP 240 FLEXIBLE LOT PROVISIONS / APN 062-350-034TENTATIVE SUBDIVISION MAP RESIDENCE 2360 / COUNTY PORTION SECTION 36 RUTTE T.21 N., 5 E.,M.D.B.M.D.B.&M. JW COUNTY 31 AUG 0 , 2007 BUTTE COUNTY CALIFORNIA JUL 2 0 --"7 36 �t13172 I \ l 1 D 'LOPM E. ENT P R ED Q�' — OO Q � DEVELG, ..' .:,- ;.s gg A' SERVICES SER ": APN 071-370-024 N A R AP N 071-370.001 53 M 70 53 M 70 CONTRACTOR: EVANSFUN WORKS, 1 NICE PLACE OROVILLE,CA 95966 PREPARED BY:APEX ENGINEERING P.O.BOX 1074 OREGON HOUSE CA 95962 ENGINEER:CRANMER ENGINEERING INC.1188 EAST MAIN STR.,GRASS VALLEY,CA 95945 BASE 11-17-06 FLDC DRAFT 2-17-07