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Butte County Department of Development Services �UTtF
TIM SNELLINGS,DMECTOR I PETE CALARCO,ASSISTANT DIRECTOR 0 o 0
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7 County Center Drive o - o
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Oroville,CA 95965 0 0
(530)538-7601 Telephone COUNTY COIV
(530)538-7785 Facsimile
MAR z 7 2oo9
DEVELO-el" T
PRE-DEVELOPMENT CONFEREgWds
INFORMATIONAL SHEET
Applicant Namea�n L Project Number:A?
O�
The Pre-Development Conference is a chance to meet with county staff prior to formally submitting
a development application. After receiving a complete application packet, the Department of
Development Services will schedule a pre-development, inter-departmental review meeting that
includes the applicant and/or applicant's representative and representatives from the Development
Services Department, Environmental Health Division, Public Works Department, County Fire
Department, and any other agency with applicable interest in the proposed development site. The
purpose of the meeting is to inform the applicant of local,state and/or federal requirements that may
apply to their project. This allows the applicant an advanced opportunity to incorporate those
requirements into the design of the project.
Any direction given shall be preliminary and is subject to further refinement or change as the
application progresses through the formal application process. Following the meeting, the
Department of Development Services shall send a letter to th-. applicant summarizing what was
discussed, including any additional filing requirements for the formal application.
Please submit the following in preparation for the conference:
• A completed, signed Project Information Form.
• A detailed Project Setting Description(instructions attached).
• Twenty(20)copies of a conceptual site plan.
• Payment of the currently required fee may be made by check payable to"Butte County
Treasurer". The Public Fee Schedule is available under"Fees"at:
http://www.buttecounty.net/dds/Planning/.
Detailed information submitted at this stage will help the Department of Development Services staff
better evaluate your project.
The Pre-Development Conference is held in the Development Services Department Conference
Room A, located at 7 County Center Drive, Oroville and will be scheduled upon receipt of your
complete application packet. If you have any questions, please contact the Planning Division at
(530)538-7601.
UPlanningTORWAPPLICATIONS\PreDevelopmentConference.doc
[7.
utte County Department of Development Services uTT
IM SNELLINGS,DIRECTOR PETE CALARCO,ASSISTANT DIRECTOR o Fe
.0 0
County Center Drive oroville,CA 95965 ° °
(530)538-7601.Telephone °
(530)538-7785 Facsimile CDU Nay
PROJECT SETTING DESCRIPTION INSTRUCTIONS
Applicant Name: eA W42SA bdel Project Number:?14�2 0q_61 �
Please address.the following on a separate sheet of paper:
1. Identify any applicable proposed development schedule, including anticipated, incremental, or phased
development and all associate projects.
2. List and describe any other related permits and other public approvals required for this project, including
those required by city,regional, state and federal agencies.
3. Describe the site as it exists before the project; including information on topography, soil stability,
plants, animals,and any cultural,historical,or scenic aspects. Describe any existing structures on the site and
the use of the structures.
4. Describe the surrounding properties, including information on plants, animals and any cultural,
historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use
(one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage,
set-back,rear yard,etc.).
5. Include any special studies prepared for the project site including, but not limited to traffic, biology,
wetlands delineation,archaeology,etc.
Butte County Departmeir (Development ServicesoOUTtFo
TTM SNELLINGS,DIRECTOR I PETE C-11CO,ASSISTANT DIRECTOR
7 County Center Drive o
Oroville,CA 95965 0 - o
(530)538-7601 Telephone c o
(530)538-7785 Facsimile Civ N'�y
PROJECT INFORMATION Project#
MICANT'S AME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER:
TI
E ee_ cA-
ADDRESS: STREET,CITY STATE,& CODE TELEPHONE:
5
Lock evi ew . rout I I CaO. qt)%� (s 3o) - �3
E-MAIL..: FAX:
R'S N TELEPHONE:
to_ -
ADDRESS: STREET,CITY,STATE,&ZIP ODE:
PROPERTY INFORMATION
OF P O OS PRO CT(if any) SITE SIZE(in square feet or acres)
,beLOCATION OF PROJECT(major cross streets and address,if any)
ZONE I I GFNERAL PLAN E STING LAND USE PROPOSED LAND USE
EXISTING STRUCTURES(square feet) PROPOSED STRUCTURES(square feet) UNDER WILLIAMSON ACT�ONTRACT
❑Yes ZNo
(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 WTENTATIVE SUBDIVISION MAP
❑LEGAL LOT DETERMINATION ❑TENTATIVE PARCEL MAP
❑USE PERMIT ❑WAIVER OF PARCEL MAP
❑MINOR USE PERMIT ❑CERTIFICATE OF CORRECTION
❑COMMUNICATIONS FACILITY UPWUP ❑REZONE
❑VARIANCE ❑GENERAL PLAN AMENDMENT
❑MINOR VARIANCE ❑MII ING 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.)
I
i
OWNER CERTIFICATION
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 TELE ABOVE INFORMATION IS TRUE AND
ACCURATE. (If an agent is to be authorized,execute an affidavit of authorization and include the affidavit with this application.)
DATE: SIGNATURE:
JDUTTE COUNTY
' PUB Lic HEALTH DEPARTMENT
- _ ENVIRONMENTAL HEALTH DIVISION
202 MixA LoMA DfuvE*OROVILLE,CA 95965
:N
`' TEL:(530)538-7281*FAX:(530)538-5339
W W W.BU=COUNTY.NFr/PUBUCHEALTH
Disclosure Statement
Concurrent Land Project Review
Project Name:
Project Location:
Traklt Project#: APN:
Butte County Public Health Department, Division of Envirormental Health (EH), has agreed to
conditionally clear this land use project for submission to and concurrent review by Butte County
Department of Development Services (DDS), while the following processes are taking place:
❑ Winter groundwater monitoring
GWM must be successfully completed in accordance with the attached Groundwater
Evaluation Policy (1989), unless otherwise specified ,in this Disclosure Statement. Prior
to successful completion of GWM, the land use application will not be conditioned and
taken forward to the Butte County Planning Commission.
❑ Regional Water Quality Control Board review for Report of Waste Discharge
The Regional Board review must be completed and the Waste Discharge Requirements
Satisfied prior to recordation of the Final Map.
❑ Annexation to an existing sewer or water district
Annexation must be completed and "will-serve" letter(s) issued by the district prior to
recordation of the Final Map.
The applicant requests initiation of project review by the DDS concurrently with the ongoing
checked condition, in order to expedite project review, and has been apprised of and accepts
the inherent risk that, should the outcome of the checked condition not be successful, the pro-
ject cannot move forward and completed.
I certify that I have reviewed this disclosure statement and understand that approval of this project will re-
quire successful completion of the checked condition.
Applicant Name(Please Print) Applicant Signature Date
Environmental Health Specialist Date
Update:March 10, 2008
T.•ILand Use1FORMSIConcaJn'ent Land Project Disclosure 03-10-08.doc
AGENT AUTHORIZATION
To Butte County,Department of Development Services:
Print Name of Agent Phone Number
Mailing Address
is hereby authorized to process this application on my/our property,identified as Butte County Assessors Parcel Number(s)
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)
Print Name Print Name
Signature Signature
Print Name Print Name
Signature Signature
Print Name of Applicant(if other than owner) Signature of Applicant(if other than owner)
- ( 1
Print Name of California Civil Engineer/Land Surveyor Phone Number
Mailing Address Email Address
RED HILL ACRES
CHEROKEE
PROJECT DESCRIPTION
MARCH 2009
Prepared By:
Jean King and Ted Westphal families
PROTECT DESCRIPTION
Proposed project is comprised of 31 single—family lots differing in sizes from 5.0 acres
to 7.8 acres. The overall project site consists of 347 acres with over 50 percent of the
land being proposed as open space.�.\ `�f�� �:1 r r�, rte \ « �:.ti,.•
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LOCATION
The project site is located 13 miles north of Oroville, 1.6 miles off Highway 70, on
Cherokee Road. The nearest cross street is Cherokee Road and Crystal Pines
Road. The geological survey map name of the site is "Red Hill", and it is in part, adjacent
to a northern arm of Lake Oroville.
The assessor's property numbers are:
(Property of King)
041-060-094
041-320-011
041-070-014
(Property of Westphal)
041-060-028
041-060-119
041-500-001
Below is a ma of the vicinity of the roject to urban cities.
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LAND USE
The parcels involved in the project are vacant and undeveloped. This site is currently
zoned 24-230 U (Unclassified) Zone. Current portions of the project site are in the Deer
Herd Management Area, under the Critical Winter range. The General Plan 2030 zoning
is still being determined by the Butte County Planning team. The proposal includes an
application for a subdivision to allow for clustering residences on mostly 5 acre sites
within 165 of the 347 total acreage. This will allow the proposed project to have flexible
lot sizes and cluster the housing development allowing for a maximum amount of open
space.
VEGITATION, TOPOGRAPHY and SOILS
The site is characterized as a valley foothill and ranges from 1,000' to 1,550'.
Vegetation includes blue oak, black oak, interior live oak, incense-cedar, ponderosa pine,
gray pine, foothill pine, madrone, whiteleaf manzanita, to on, buck brush, andpoison-
oak.
Below is the soil map provided by the natural resources conservation service, by United
States Department of Agriculture.
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A variety of soils are identified in this project including, 118, 552, 553,554, 557, 558,
564, 670, 671.
Ownership Background
The Westphal family ownership began nearly 100 years ago when our grand uncle,
Frederick J. Stoer, acquired both the Goldbank Consolidated Mine properties in
Forbestown and the Cherokee parcels. At the time Uncle Fred acquired the Cherokee
pieces, they were commonly known as the "United States Diamond Mines". So as a
family, we have had a long-time interest in Butte County and in Oroville where Fred
lived for the last 40 years of his life in a modest cottage until his death in 1953.
The King family has had investment in butte county since the 1930's when Cecil King
(Butte County's first welfare director) settled here to grow orange orchards.
The King lands in Cherokee were purchased in the 1960's and have also been passed
down from generation. Clayton and Ruth King, long time residences and local business
owners enjoyed recreation activities on this land. Clayton King was an avid outdoor
enthusiast and spent time a lot of time with his family and friends enjoying this property
and the beauty it possess. His Son, the late H. Robert King (Public Defender for Butte
County), was a history buff and loved to share the history-of the town of Cherokee and all
of Butte County.
For decades, both families long term plan for the property has been to develop the
parcels in some appropriate manner. Additionally we would like to have the
opportunity to pass portions of these lands over to children and grand children. And of
course,for decades we have paid our annual property taxes with this expectation of
a future development.
PUBLIC SERVICES
Services and facilities presently or potentially available to the project include but are not
limited the following:
Sewage Disposal: Individual Septic System
Water Supply: Individual Well
Electricity: Pacific Gas and Electric
Communication: AT&T Telephone
Digital Path
Comcast Cable
TRANSPORTATION SYSTEM
The King and Westphal families have exchanged easements for common use of the
existing road system,thus providing deeded access to their respective parcels.
HISTORY OF CHEROKEE
Prior to the arrival of the Europeans to North America this area of California was
populated with Maidu Indians. This Particular tribe seasonally migrated throughout
various portions of the western Sierra Nevada region. The area now known as Cherokee
shows prehistoric evidence that the Maidu's sustained themselves by hunting small game
and foraging for native plant life. Around 1818 Spanish explorers discovered gold under
Table Mountain. In 1849, a migrant band of Cherokee Indians arrived from Oklahoma
and panned for gold. Soon after this area became a popular site for homesteaders during
the gold rush era. Welsh miners, migrating from England in 1853, built stores. Perfected
mining techniques, and named the town for the Cherokee Native Americans who had
preceded them. The town and hydraulic mines developed a unique form of water
transportation through a network of reservoirs, canals and flumes. One of the most
notorious engineering feats was the inverted pipe flume that brought water from as far
away as 40 miles, down the Feather river canyon, and up to the town. In the 1890's
hydraulic mining became too expensive and much of the water conveyances were sold
off to power and irrigating concerns. In 1891 a fire nearly destroyed the entire town and
thus began the demise of the town. Even the discovery of diamonds failed to stem the
decline of the town. Another fire ravaged the town in 1947 leveling most all of the
buildings except for those that exist today. Since then various parcels have been sold to
private landowners and the state for a variety of different uses including: recreation,
timber, historic preservation, rural residential and agriculture. (Written by Steve
Andrews - Registered Forester)
HIGHLIGHTS OF PROPOSED OPEN SPACE
This section is to help illustrate the valuable aspects of the open space that is being
presented. We have been working with Henry Lomeli from the Department of Fish and
game to deliver a proposal that is both environmentally ane economically sound in the
Cherokee area. Henry has met with us and hiked over much of the site with our proposed
cluster development map in hand. His reactions to our cluster concept have been quite
favorable.
Our families understand the importance of being a steward to the land and wish to create
a development that utilizes tools to reduce the impact on wildlife, trees and the
environment. This green approach will also act as a hallmark to this development and we
are committed to working with the county to make this happen.
Below is a picture of Ted Westphal in front of a wetland on the project site that is part of
the proposed open space.
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By looking at the proposed subdivision map, you will also notice that 85.4 acres of open
space back up to state property magnifying the amount of land set-aside for wildlife.
The project is also contiguous to recreation land connecting to the Vinton Gulch Boat
ramp managed the state parks and recreation department. Deeded access from the old
Cherokee cut-off road leads directly down to the car top boat ramp that could make for a
good recreational trail system.
Additionally, portions of the open space contain large ponderosa pine trees that are of
some harvesting value. Harvesting not contemplated.
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Butte County Department of Development Services 0�vTr�0
TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR 0 0
0 0
7 County Center Drive 0
Oroville, CA 95965
(530)538-7601 Telephone
(530)538-7785 Facsimile
www.buftecounty.net/dds
www.buttegeneralplan.net
ADMINISTRATION '` BUILDING" PLANNING
May 15, 2009
Jean King
P.O. 490
Oroville, CA 95965
Ted Westphal
519 McBride Drive
Lafayette, CA 94549
Re: PRED08-0001 -A Pre-Development meeting to review a proposed Tentative Parcel Map to
divide two existing parcels, totaling 732-acres, into twenty-nine (29) twenty-acre or greater
parcels. The property is located north and south of Cox Lane, approximately one-mile east
of the Wayne Charles Road and Cox Lane intersection, near the community of Bangor.
APN 027-230-002 and 027-230-110
Project Objective: Combination of rural residential development and family succession.
Attendees:
Rob Romaguera, Applicant Representative
Jean King, Applicant/Owner
Ted Westphal, Applicant/Owner
Steve Andrews, Consultant- Forester
Charles Thistlethwaite, Butte County Development Services
Doug Fogel, Butte County Environmental Health
Matt Damon, CAL FIRE/Butte County Fire Deparment
Eric Schroth, Butte County Department of Public Works
Mark Michelena, Butte County Development Services
Dear Ms. King and Mr. Westphal:
This letter is intended to provide a summary of the information provided in the Pre-Development
meeting held on May 13, 2009, regarding your proposal for a subdivision map dividing 347 acres
into 31 residential lots (ranging in size from 5 to 7.8 acres) and four open space parcels totaling
182 acres.
Page 1 of 6
The following written comments were distributed at the meeting:
1. Butte County Public Works— Draft conditions (Public and Private Road)
2. Cal Fire/Butte County Fire Department
3. Butte County Local Agency Formation Commission (LAFCo)
3. Cal Trans
4. California Department of Fish and Game
6. Senate Bill 505
If staff receives any additional comments they will be sent to you.
The following is a summary of the comments discussed at the meeting:
Planning —
1. The project area has a general plan land use designation of AR (Agricultural Residential -
20 acres consistent/1 to 19 acres conditionally consistent) and is zoned U (Unclassified —
20 acre minimum). Based on the above information, I completed the following rough table
that addresses the number of possible lots:
General Plan Zoning
AR U
Acres 347 347
i
Lots 17 consistent 17
18 to 347 conditionally consistent
The acre count in the table above was from information provided by the applicant. The
General Plan normally determines the density (allowable number of lots). The Agricultural
Residential general plan land use designation has consistent parcels sizes of 20 acres or
larger and conditionally consistent parcels sizes of 1 to 19.9 acres. In this case, since the
Flexible Lot Provision is proposed, the U (Unclassified) zone determines the density. The U
zone allows for 1 dwelling unit per 20 acres. As shown in the table above, a total of 17
residential lots is the maximum permitted. The following is the description of the Flexible
Lot Provision in the U zone:
(3) 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 density allowed
shall not exceed that specified by the general plan land use element or one (1) dwelling unit
per twenty (20) acres, whichever is less. Land division applications proposing to use the
provisions of section 24-82, shall be so identified.
2. If more than 17 residential lots are proposed, it would take a rezone.
3. Discussed the General Plan update preferred land use alternative for the project site. It is
being proposed as Foothill Area Residential (1 to 40 ac/dwelling unit). The proposed
project would be consistent with the density range of the preferred alternative.
4. Discussed when, and if, the Board would put a hold on any new rezone or general plan
amendment until the General Plan update is completed. At this time, the County will
continue to process rezones and general plan amendments; this could change at any time.
5. Identified the project site as being in three different deer, herd areas: Critical Winter Deer
Herd (40 ac minimum); Winter Deer Herd (20 ac minimum); and Deer Herd Development
Permitted (zoning determines lot size). You have had discussions and meetings with
Page 2 of 6
California Department of Fish & Game. The sent a written comments on a proposed
amendment to the map. They suggested moving open space along the eastern portion of
the project side to the north. This would create a larger migratory area to the west and
north, rather than funneling it through existing and future residential lots. The migratory
deer herd area would be more fragmented with the current proposal.
6. The California Natural Diversity Data Base identified two plant species listed by the
California Native Plant Society in the project area. A biologically survey, prepared by a
professional botanist, will be required for the areas proposed for improvement. This
requirement will need to be done in order to complete the environmental analysis.
7. The project area, as identified by the applicant, was once used by the Maidu Indians. In
fact, at one time there was a cemetery on the site. Based on this information, a Cultural
Resources Survey will be required. This requirement will need to be done in order to
complete the environmental analysis.
8. Requesting to many exceptions can be a red flag for the decision body.
Public Works—
1. Discussed the differences between a private road and public road subdivision. These
differences were identified in the proposed conditions of approval and improvement
requirements handed out at the meeting. The private road subdivision would require gates
at the two entry points (with an approve turn-a-round prier to the gate).
2. Public Works discussed the required improvement to Cherokee Road. Specific
improvement requirements are in the draft conditions approval given to you at the meeting.
The improvements require '/2 street + 12 feet of imp-ovements. Please contact public
works for more detail on the improvements. (After meeting determination: It appears to
Public Works that a portion of Cherokee Road is completely on APN 041-500-001, not just
fronting the parcel. In this case, full road improvements (RS-36) will be required_f_or_ the
portion of Cherokee Road that is on the parcel.)
3. Please review the Public Works Department's draft conditions of approval. Note that draft
conditions submitted are based on preliminary review and based on project for the Pre-
Development Meeting. The project will be re-evaluated at time of project application
submittal.
4. The applicant has the ability under Butte County Code 20-4 to ask for an exception to
required improvements.
5. Brought up the issue of drainage. A conceptual/preliminary drainage. plan will be required
as part of project submittal. There shall be no increase in peak storm runoff. Peak storm
runoff shall be detained on site and can not exceed pre-project levels.
6. Dedication of right-of-way for Cherokee Road.
Environmental Health—
1. Required to prove usable sewage (waste water) disposal area prior to completing
environmental document and going to hearing. Number of test areas will depend on soil
groupings and type of soil.
2. At least one set of percolation tests would be required within each soil type identified. If
percolation tests failed to meet the minimum requirements of Appendix VII then it is usually
advisable to conduct at least two more sets of tests within that soil type as a check on the
previous failed results.
Page 3 of 6
3. The soil map of the area shows there is quite a bit of variation in the soils throughout the
proposal. At least three soil mantel tests will probably be necessary on each proposed
parcel in an area suitable located for other reasons, such as setbacks, for sewage disposal.
Three is the minimum number of holes that are needed to clearly define an enclosed area
as required under Appendix VII of the subdivision improvement standards. If a good deal of
soil consistency is discovered the minimum number could be reduced.
4. An example of what could be required on a 5 acre parcel was an estimated 2 acre of usable
septic area.
5. Engineered systems are not yet available. This option was discussed. It will be based on
whether or not these systems are permitted by ordinance in the future. Engineered
systems may or may not be a useful tool for the creation of parcels in this particular
proposal.
6. Dependent upon the conditions found at the specific, proposed sewage disposal sites,
groundwater monitoring may be a requirement also.
7. If groundwater monitoring is necessary, it needs to be'done during the rainy season and
there must be at least 80% of normal rainfall to accept the monitoring. FYI — 2008-2009
was the first time in three years that we reached the 80% level of normal rainfall.
8. It is very likely that since you are on a high point in the area, you may have a rock formation
that might impact waste water disposal area.
9. Test wells will need to be drilled. The exact number of wells needed to determine if
adequate potable water is available depends on the totality of information that is available
now and what is discovered when further wells are drilled. For example if two more wells
are drilled and each produces 1gpm, then more wells would be needed to prove the site can
meet the minimum requirement of the subdivision development standards. But if two more
wells are drilled and each produces 50 gpm that might be sufficient to prove water for the
entire proposal. We do not have sufficient information and that is why we need to drill the
wells. We need to collect information until we have adequate information to know we have
met or likely can not meet the minimum requirements.
10.You can do research with local well drillers to see what amount of water is available in the
area. You can also contact surrounding neighbors.
11. Water levels on surrounding parcels may not be indicative of what is available on your
parcels.
12.There is available a "disclosure statement"that permits parallel (concurrent) processing with
EH and DDS.
I
13.It is of course impossible to cover all the possible conditions that might.be encountered. We
have to get out there and start accessing what we have before we know what will be
necessary.
Cal Fire/Butte County Fire Department—
1. The project site is located in the State Responsibility Area and is in a very-high fire danger
zone.
2. The project proposed a loop road that will have to points of access off of Cherokee Road.
Any other road with access of the loop road, will be considered a cul-de-sac. Based on the
existing zoning (U), the length of an internal cul-de-sac'can not exceed 5,280 feet. The
length of the cul-de-sac is based on the zoning (BCC 20-1,33).
Page 4 of 6
(a)The maximum length of a cul-de-sac street, including all cul-de-sac streets accessed from
that cul-de-sac street, shall depend upon the minimum parcel size specified in the zoning
applicable to the parcels served by the street. The maximum street length shall not exceed
the following cumulative lengths, regardless of the number of parcels served:
1. Parcels zoned for less than one (1) acre—eight hundred (800) feet;
2. Parcels zoned for one (1) acre to 4.99 acres—one thousand three hundred twenty (1,320)
feet; I,
3. Parcels zoned for five (5) acres to 19.99 acres—two thousand six hundred forty (2,640)
feet;
4. Parcels zoned for twenty (20) acres or larger—five thousand two hundred eighty (5,280)
feet.
The cul-de-sac street length shall be measured from the �property line of the first parcel that
has no access other than the cul-de-sac street and which is nearest the intersection that
begins the street to the end of the road surface at its farthest point. Where a cul-de-sac street
crosses areas of differing zoned parcel sizes, requiring different length limits, the shortest
allowable street length shall apply.
�i
3. The project will require pressurized community water„ with hydrants, for fire protection
(1,000 gallons per minute for two hours). This is a based on the project proposing more
than 4 lots, being in a State Responsibility Area (SRA) for fire protection, the project site
being in a very-high fire hazard designated area, and the parcel sizes being less than 10
acres. A request for an exception to the requirement is possible. (It was discussed that if
the residential parcels were 10 acres or larger, the pressurized water system will not be
required.
4. Require some entity to maintain community pressurized water system.
5. Fire suppression sprinklers will be required in all residential dwellings.
6. Requirements of fuel modification break area (fire). Appropriate fuel modification break will
be determined during project environmental analysis. May be issues between fuel
modification break areas and dedicated open space areas (Fish & Game). A fuel
modification plan will need to be submitted and approved prior to recording the map.
7. Discussion of the local volunteer fire company (Cherokee). Matt explained the recent trend
of a lack of volunteers.
8. Access points (2) off of Cherokee road will need to be the same improved standard. One of
them can not be built as a emergency access only.
Agricultural Commissioner—
1. The project site, and surrounding area is either designated Agricultural Residential or
Public. There is one adjacent parcel to the southwest that is currently under a Williamson
Act Contract (Land Conservation Agreement). A 300-foot residential dwelling setback from
that adjacent parcel would be required, but since open space is what is proposed, there
would be no agricultural issues. If the lots are reconfigured in this area, the 300-foot
setback would apply for a residential dwelling.
• Other—
1. Fish & Games comments will suggest a redesign of the submitted map. Going to 17
parcels should also reflect what Fish & Game has suggested. As mentioned above, the
open space dedicated area and the fuel modification area interface should be discussed
with Fish & Game.
Page 5 of 6
Note: These issues are not exhaustive. During the processing of the actual application, other
issues may arise that could place additional restrictions/conditions on your project. If you have any
questions, or desire to discuss the potential project further, staff will request a deposit be
submitted. If your intention is to redesign to 17 parcels (10+ acres) and want to discuss the issues
further, you can either apply for another Pre-Development or submit a deposit for Planning staff
time.
Thank you again for your Pre-Development submittal. I believe the' meeting was successful in
bringing the major issues to light. It allowed you to ask questions and voice your concerns. After
all the dialogue, an option seemed to present itself that may address one of the bigger concerns —
community pressurized water. The other big issue that came up was the improvement to
Cherokee Road. You do have the ability to ask for an exception to that improvement. It will
beneficial for you to work with Public Works on this issue.
Si rely
Mark Michelena
Senior Planner
Cc: Rob Romaguera
Page 6 of 6
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BUTTE COUNTY
PRE-DEVELOPMENT COMMENTS
FOR
TENTATIVE FINAL MAP
(ASSUMING A PRIVATE ROAD SUBDIVISION
IN CONFORMANCE WITH BCC 20-50.5)
APPLICANT: DATE: 4/3/09
AGENT:
FILE#: PRED09-0002 5 :. :,:' ;'a ��- PLANNER: MICHELENA
;. ;
PROJECT DESCRIPTION:
Those items checked are conditions of approval.
PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH
THE FOLLOWING CHECKED COMMENTS:
® 1. A title report was not provided, which limits our ability to provide analysis of pre-development
conditions.
® 2. Proposed road locations have not been shown. Road configuration may trigger additional
conditions. It appears from the submittal that the existing westerly road may be located on the lands
of others. It is unknown whether easement rights exist or must be acquired for access. The Public
Works Department will recommend denial of the project if any required easement rights are not
acquired prior to planning commission hearing.
A. STREETS
® 1. Prior to or concurrently with the recordation of the final map, provide a fully executed road
maintenance agreement for all non-publicly maintained access roads on the county approved form.
A note shall be placed on a separate document which is to be recorded concurrently with the map or
on an additional map sheet of the final map stating: "In accordance with Civil Code Section 845,
maintenance of the road as shown hereon shall be shared by those properties with a legal interest in
❑ 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. The
tentative map does not show how access to each parcel will be provided.
® 4. Prior to or concurrently with the recordation of the final map,deed to Butte County in fee simple 30
feet of right-of-way from the physical centerline of Cherokee Road along the entire property
frontage.
❑ 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 I 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 count}{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. f
® 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." j
® 8. Prior to recordation of the final map, obtain an encroachment permit and improve all new and
existing driveway approaches to Cherokee Road 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 Cherokee Road shall be provided. Right-of-way required for
construction of road approach and roadside drainage shall be provided.
�l
® 10. Provide cul-de-sacs designed and constructed as specified in the county improvement standards.
The final map shall show the cul-de-sacs. The maximum length of cul-de-sac shall be in
conformance with county code section 20-133. For parcels zoned 5 acres the maximum length is
2640 feet.
® 11. Prior to the recordation of the final map, construct or provide a performance bond and labor and
material bond for the construction of a full street section on interior access roads to an RS-6 county
improvement standard with 4"AB, double seal coat. Gates with cul-de-sacs shall be constructed at
the entrance to each access road to the development a minimum of 84 feet from Cherokee Road.
Engineered construction plans are not required for interior access roads. The developer's engineer
shall certify that adequate drainage facilities have been provided and installed.
1
® 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''/�+ 12' street section on Cherokee Road frontage to an RS-3B
county improvement standard with 3" AC, 12" AB, prime coat, fog seal and 95 % relative
compaction. Submit design to the Land Development Division for approval prior to construction.
"R"value determination and other data may be required to support the section design.
❑ 13. Prior to recordation of the parcel map, provide approved,i access to each parcel from a county
maintained road or from a state highway. Improve parcel 1 fronta a to RS-1 LD-1 county
improvement standard, feet wide with " of CL II aggregate base and sealcoat. Improve access
road to parcel being divided to RS-1 LD-'county improvement standard, feet wide with I"of CL II
aggregate base and I sealcoat. (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 to the Land
Development Division for the installation and construction of street frontage improvements on I .
Improve parcel I frontage to a ''/�+ 12' / full street section'on I to an RS] county improvement
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. i
❑ 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),zone of benefit within a permanent road division
(PRD),or other entity as approved by the public works director. The developer must complete the
formation of the CSA,zone of benefit within a PRD,or other approved entity prior to recordation of
the final map. The 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 and to agree to an annual
maximum service charge to ensure continued operation of the facilities.
B. DRAINAGE !
I
® 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 onsite and/
or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall
provide that there shall be no increase in the peak flow runoff to said channel or facility. If storm
drainage facilities serve new public roads, the developer must complete the formation of a county
service area(CSA),zone of benefit within a permanent road division(PRD),or other Department of
Public Works approved entity prior to recordation of the final map. The 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 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 county standard S-40.
❑ 3. Prior to recordation of the final map, establish 100 year flood plain elevations and the lowest floor
elevations for any structures,in accordance with Butte County Code§26-25. Show on the additional
map sheet the elevations(by contours)and the location of an accepted NGVD29(National Geodetic
Vertical Datum of 1929)benchmark and a temporary benchmark on-site.
❑ 4. Prior to or concurrently with the recordation of the final map, pay the applicable drainage fees in
effect at the time of recordation of the final map for the I drainage area. (The current fee is now $
/acre.)
® 5. Prior to grading, a construction storm water permit will be required by the State Water Resources
Control Board if the project results in a disturbance (including clearing, excavation, filling, and
grading)of one or more acres. The permit must be obtained from the State Water Resources Control
Board prior to construction. If a construction storm water permit is required, place a note on an
additional map sheet that states: "The development of this final map required a construction storm
water permit.Construction activities that result in a land disturbance of less than one acre,but which
are part of a larger common plan of development,also require a permit. Development of individual
lots may require an additional permit(s)."
C. FINAL MAP
®
I. 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_elated 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 registered design professional and based upon adequate testing shall be submitted to
the Department of Public Works Land Development Division and Department of Development
Services Building Division for review and approval.
BUTTE COUNTY
PRE-DEVELOPMENT COMMENTS
FOR
TENTATIVE FINAL MAP
(ASSUMING A PUBLIC ROAD SUBDIVISION)
APPLICANT: DATE: 4/3/09
AGENT: APN:
FILE#: PRED09-0002 NLANNER: MICHELENA
PROJECT DESCRIPTION:
Those items checked are conditions of approval.
PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH
THE FOLLOWING CHECKED COMMENTS:
1. A title report was not provided, which limits our ability to provide analysis of pre-development
conditions.
z 2. Proposed road locations have not been shown. Road configuration may trigger additional
conditions. It appears from the submittal that the existing westerly road may be located on the lands
of others. It is unknown whether easement rights exist or must be acquired for access. The Public
Works Department will recommend denial of the project if any required easement rights are not
acquired prior to planning commission hearing.
A. STREETS
❑ 1. Prior to or concurrently with the recordation of the final map, provide a fully executed road
maintenance agreement for all non-publicly maintained access roads on the county approved form.
A note shall be placed on a separate document which is to be recorded concurrently with the map or
on an additional map sheet of the final map stating: "In accordance with Civil Code Section 845,
maintenance of the road as shown hereon shall be shared by those properties with a legal interest in
it."
2. All access rights shall be reserved by deed per county ordinance,offered for dedication,and depicted
on the final map. Place the following note on the final map: "qR proved 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. The
tentative map does not show how access to each parcel will be provided.
4. Prior to or concurrently with the recordation of the final map,deed to Butte County in fee simple 30
feet of right-of-way from the physical centerline of Cherokee Road along the entire property
frontage.
❑ 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 I except at approved access points.
6. Prior to recordation of the final map,provide street name signs per requirements of the Department
of Public Works. Street names shall be reviewed by the county address coordinator and one name
for each new street shall be recommended to the Board of Supervisors for approval prior to
recordation of the final map. A minimum of five alternate names for each new street shall be
submitted.
7. Prior to final road inspection,install all necessary traffic safety signs including stop signs.
® 8. Prior to recordation of the final map, obtain an encroachment permit and improve all new and
existing driveway approaches to Cherokee Road 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 Cherokee 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. The maxinum length of cul-de-sac shall be in
conformance with county code section 20-133. For parcels zoned 5 acres the maximum length is
2640 feet.
® 11. Prior to the recordation of the final map, construct or prodide a performance bond and labor and
material bond for the construction of a full street section on interior access roads to an RS-4B county
improvement standard with 3" AC, 12" AB, prime coat, fog seal and 95 % relative compaction.
Submit design to the 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 Cherokee Road to an RS-313 county
improvement standard with 3" AC, 12" AB, prime coat, fog seal and 95 % relative compaction.
Submit design to the Land Development Division for approval prior to construction. "R" value
determination and other data may be required to support the section design.
❑ 13. Prior to recordation of the parcel map, provide approved access to each parcel from a county
maintained road or from a state highway. Improve parcel ' frontaa to RS-1 LD-1 county
improvement standard,I feet wide with�" of CL II aggregate base and(feet
sealcoat. Improve access
road to parcel being divided to RS-1 LD-I"
improvement standard, wide with I"of CL II
aggregate base and I sealcoat. (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 to the Land
Development Division for the installation and construction of street frontage improvements on I .
Improve parcel I frontage to a 'h+ 12' / full street section on I to an RS] county improvement
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),zone of benefit within a permanent road division
(PRD),or other entity as approved by the public works director. The developer must complete the
formation of the CSA,zone of benefit within a PRD,or other approved entity prior to recordation of
the final map. The 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 and to agree to an annual
maximum service charge to ensure continued operation 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. T_1e drainage plans shall detail existing
drainage conditions and shall specify how drainage waters shallxye detained or retained onsite and/
or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall
provide that there shall be no increase in the peak flow runoff to said channel or facility. If storm
drainage facilities serve new public roads, the developer must complete the formation of a county
service area(CSA),zone of benefit within a permanent road division(PRD),or other Department of
Public Works approved entity prior to recordation of the final map. The 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 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 county standard S-40.
❑ 3. Prior to recordation of the final map, establish 100 year flood plain elevations and the lowest floor
elevations for any structures,in accordance with Butte County Code§26-25. Show on the additional
map sheet the elevations(by contours)and the location of an accepted NGVD29(National Geodetic
Vertical Datum of 1929)benchmark and a temporary benchmark on-site.
❑ 4. Prior to or concurrently with the recordation of the final map, pay the applicable drainage fees in
effect at the time of recordation of the final map for the I drainage area. (The current fee is now$
/acre.)
® 5. Prior to grading, a construction storm water permit will be required by the State Water Resources
Control Board if the project results in a disturbance (including clearing, excavation, filling, and
grading)of one or more acres. The permit must be obtained from the State Water Resources Control
Board prior to construction. If a construction storm water permit is required, place a note on an
additional map sheet that states: "The development of this final map required a construction storm
water permit. Construction activities that result in a land disturbance of less than one acre,but which
are part of a larger common plan of development,also require a permit. Development of individual
lots may require an additional permit(s)."
C. FINAL MAP
® 1. Show all easements of record on the final map.
® 2. Prior to or concurrently with the recordation of the final map, pay in full any and all delinquent,
current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of Division 2 of
Title 7,of the California Government Code commencing with Section 66492.
® 3. Pay the recording fees in effect at the time the final map and related documents are recorded.
❑ 4. Prior to or concurrently with the recordation of the final map, pay all applicable assessments
established by affected assessment districts,in full.
❑ 5. Place a note on a separate document which is to be recorded concurrently with the map or on an
additional map sheet of the final map regarding I.
® 6. Prior to recordation of the final map, a preliminary soils report or acceptable soils waiver letter
prepared by a registered design professional and based upon adequate testing shall be submitted to
the Department of Public Works Land Development Division and Department of Development
Services Building Division for review and approval.
Page 1 of 2
From: Damon, Matt [Matt.Damon@fire.ca.gov]
Sent: Wednesday, April 22, 2009 11:18 AM
To: Michelena, Mark
Cc: Matt Damon
Subject: RE: Pre-Development Review of PRED09-000
Mark, ' y
Below are the Fire Department requirements for this project:
.u�
. 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.
. Prior to construction, a pressurized community water system for fire protection is required.
Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant
spacing is 500 feet (reduce by 100 feet on dead-end streets and roads), hydrant size 6 inches, and
residual fire flow of 1000 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.
. 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.
. Pressurized community water system must be installed and operational prior to combustible
building materials arriving on site.
Matt Damon
Fire Ca -Deputy Fire Marshal
CAL FIRE/Butte COLB*Fre
176 NdIscnAvenue
Omvk CA95966
530-538-68.'37 ext 166 Ofm
530-990-5817 Cell
530,538-2105 Fax
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally
privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception,
review, use or disclosure is prohibited and may violate applicable laws including the Electronic
Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy
all copies of the communication.
From: Michelena, Mark [mailto:MMichelena@buttecounty.net]
Sent: Thursday, April 02, 2009 11:19 AM
To: hlomeli@dfg.ca.gov; Sarah Smith; Aguila, Michelle; Banner, Brad; Castanon, Yvette; Cochran, Ada; Damon,
Matt; Edell, Stuart; Fogel, Doug; Gillis, Kathy; Kirk, Maureen; Loker, Sally; Mannel, Kevin; Nelson, Carl; Reimers,
Ken; Schroth, Eric; Thistlethwaite, Charles
Subject: Pre-Development Review of PRED09-0002
Please review the attached information and submit your comments. This is a Pre-Application review of a potential
project in Butte County. Please let me know if you have any questions. The Pre-Application meeting is set for
April 22, 2009 at 1:00pm at 7 County Center Drive. If there is a change of the meeting date, I will notify you.
Thank you.
file://Z:\PROJECTS\PRED\WESTPHAL PRED09-0002\RE Pre-Development Review of... 5/13/2009
Page 2 of 2
Mark Michelena
Senior Planner,Planning Division
Butte County Department of Development Services
7 County Center Drive,Oroville,CA 95965
(530)538-7376
(530)538-5366 Fax
mmichelena(&,buttecounty.net
file://Z:\PROJECTS\PRED\WESTPHAL PRED09-0002\RE Pre-Development Review of... 5/13/2009
Page 1 of 2
From: Betts, Steve
Sent: Friday, April 17, 2009 11:47 AM
To: Michelena, Mark
Subject: RE: LAFCo Comments for PRED09-0002 (King), APNs 041-060-094, 041-320-011, 041-070-
014, 041-060-028, 041-060-119, & 041-500-001
Mark,
The subject parcels are located within the boundaries of the following local agencies (Tax Rate
Area 110-000):
TRA: 110-000
BUTTE COUNTY MOSQUITO & VECTOR CONTROL DISTRCIT
FEATHER RIVER RECREATION AND PARK DISTRICT
GOLDEN FEATHER UNION ELEM. SCHOOL DISTRICT
OROVILLE UNION HIGH SCHOOL DISTRICT
BUTTE COMMUNITY COLLEGE DISTRICT
COUNTY SERVICE AREA NO. 164 (ANIMAL CONTROL)
BUTTE COUNTY RESOURCE CONSERVATION DISTRICT
Please accept the following comments concerning the above referenced project:
1. If urban type services (e.g. landscaping, drainage, fire protection, etc.) for the new
development are proposed to be provided through annexation to an existing local agency or by
a formation of a new local agency, such as a county service area (CSA) or a community
service district (CSD), the initial study needs to identify exactly what type of mechanism will be
utilized. Such specificity is needed in order to allow for a complete and meaningful analysis of
the project.
LAFCo as the authorizing agency for an annexation or formation 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:
i
• Fully described in the project description; and
• Fully addressed in the appropriate environmental documents; and
• Circulated to LAFCO for review as an agency with an approval
role; and
• Fully integrated into the public hearing process.
The absence of this early coordination and failure to address the LAFCO related issues as
described will require additional environmental review and related studies at such time an
annexation/formation is requested resulting in unnecessary costs and delays. It should be
understood that such a request would be reviewed based on :state law and local LAFCO
policies which are clearly directed at maximizing service efficiencies, minimizing the creation of
new governmental entities, limiting urban sprawl and directing new development to areas with
existing urban service providers.
If the County proposes to create a new County Service Area/Community Service District to
provide services to the project, a Municipal Service Review (MSR) and Plan for Services for
the CSA/CSD would need to be prepared by the County and reviewed and approved by
file://Z:\PROJECTS\PRED\WESTPHAL PRED09-0002\PRED09-0002 LAFCo Comment... 5/13/2009
Page 2 of 2
LAFCO, The MSR would be used to determine what type of services the CSA/CSD is
expected to provide and the extent to which it is expected to do so. As an alternative to a
CSA/CSD, the County could form a Landscaping and Lighting District or a Benefit Assessment
District to provide urban services to the project. These types of districts do not require LAFCO
review or approval.
Please note that if a new CSA is proposed to be formed, LAFCo will require that the proposed
CSA budget include in it an annual payment to LAFCo to fund a sphere of influence review and
a municipal services review for the CSA, which is required to be accomplished by LAFCo once
every five years. We request that the County consult with LAFCo to determine the appropriate
level of funding prior to the County conducting the Proposition 218 proceedings.
Thank you for providing us with the opportunity to comment on this project. If you have any
questions concerning these comments, please contact our office at your convenience.
2. According to Butte County GIS data, the project site is located in a very high fire hazard
area. The creation of numerous new parcels in this area will result in additional impacts to the
Butte County Fire Department/Calfire. The recent wildfires in Butte County attest to this
agency's difficulties in providing adequate fire protection services during wildfire events.
Additionally, the on-going County budget problems may result in the closing of some Butte
County fire stations and a reduction in fire protection services provided by Calfire. The initial
study for this project should thoroughly evaluate the ability of the Butte County Fire
Department/Calfire to provide adequate fire protection services to the new dwellings on the
project site while still maintaining exiting service levels.
Best,
Steve
Stephen Betts
Deputy Executive Officer
Butte Local Agency Formation Commission (LAFCo)
1453 Downer St., Suite C, Oroville, CA 95965-4950
Desk- (530) 538-7151, Fax (530) 538-2847
www.buttelafco.orQ
file://Z:\PROJECTS\PRED\WESTPHAL PRED09-0002\PRED09-0002 LAFCo Comment... 5/13/2009
Page.1 of 1
From: Sarah Smith [sarah_smith@dot.ca.gov]
Sent: Wednesday, April 22, 2009 2:12 PM
To: Michelena, Mark
Subject: Caltrans Comments PRED09-0002 Red Hill Acres
Mr. Michelena,
Thank you for the opportunity to review and comment on the Red Hill Acres project. The applicant is proposing
31 single family lots ranging from 5.0 acres to 7.8 acres. The total project site consists of 347 acres with over
50% proposed as open space. The project is locate 1.6 miles off of SR 70 on Cherokee Road. Caltrans has no
comments on this project as proposed.
Sarah (Sadie) Smith
Transportation Planner
Caltrans District 3
Office of Transportation Planning -North
PO Box 911, 703 B Street
Marysville, CA 95901
Phone: 530.741.4004
file://Z:\PROJECTS\PRED\WESTPHAL PRED09-0002\Caltrans Comments PRED09-000... 5/13/2009
BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Patricia Wiggins, Chair
BILL NO: SB 505 HEARING: 4/15/09
AUTHOR: Kehoe FISCAL: Yes
VERSION: 4/2/09 CONSULTANT: Detwiler
FIRE HAZARDS AND LAND USE PLANNING
Background and Existing Law
The state government pays for wildland fire protection on
non-federal lands outside cities. To meet this duty, the
State Board of Forestry and Fire Protection designates the
State Responsibility Area (SRA) . Within SRA lands, the
Director of the State Department of Forestry and Fire
Protection must designate fire hazard severity zones. SRA
landowners must follow specified fire prevention practices.
After the 1991 Oakland-Berkeley fire storm, the
Legislature required the Department to designate very high
fire hazard severity zones. Landowners in these areas must
follow specified fire prevention practices (AB 337, Bates,
1992) .
i
Every county and city must adopt a general plan with seven
mandatory elements: land use, circulation, housing,
conservation, open space, noise, and safety. Except for
the housing elements, the Planning and Zoning Law does not
require counties and cities to regularly revise their
general plans. Cities and counties' major land use
decisions --- proposed subdivisions, zoning designations,
public works projects, and use permits --- must be
consistent with their general plans. Planners call these
legal requirements "vertical consistency, " meaning that
development decisions must be based on the policies
embedded in local general plans.
In the aftermath of the recent wildfires, state and local
officials have thought about how to reduce the loss of
lives and property. They also worry about the high costs
that state and local fire protection agencies face when
they fight wildfires in developed areas. One way to avoid
or mitigate these losses and costs is to use land use
planning to guide decisions about future development.
Proposed Law
I. Safety Element Contents The Planning„ and Zoning Law
says that the safety element's purpose is to protect the
community from unreasonable risks from geologic hazards,
flooding, and wildland and urban fires. In 2007, the
Legislature expanded the safety elements' contents for
flood hazards, requiring these documents to contain:
Information about flood hazards, listing 11 types
of information.
Based on that information, a set of comprehensive
goals, policies, and objectives to project against
unreasonable flood risks.
To carry out those goals, a set of feasible
implementation measures.
These changes must appear in safety elements the next time
that cities and counties revise their housing elements (AB
162, Wolk, 2007) .
Senate Bill 505 expands the required contents of safety
elements that cover SRA lands and very high fire hazard*
severity zones to require:
Information about fire hazards, including fire
hazard severity zone maps, historical data on
wildfires, information about wildfire hazard areas
available from the U.S. Geological Survey, the general
location and distribution of existing and planned
development, and public fire protection agencies.
Based on that information, a set of comprehensive
goals, policies, and objectives, including avoiding or
minimizing wildfire risks to new development,
evaluating whether new development should be located
on SRA lands or very high fire hazard severity zones,
supporting appropriate methods to reduce risks,
locating new essential public facilities outside SRA
land and very high fire hazard severity zones, and
working cooperatively with public fire protection
agencies.
To carry out those goals, policies, and objectives,
a set of feasible implementation measures.
Cities and counties must include these changes in their
safety elements the next time that they revise their
housing elements, but not later than January 1, 2015. In
making these changes, SB 505 requires cities and counties
to take into account the advice in "Fire Hazard Planning, "
published by the Governor's Office of Planning and
Research.
II. Safety Element Review Current law requires a county
with SRA lands and a city or county with very high fire
hazard severity zones to send their draft documents to the
State Board of Forestry and Fire Protection and to the
local fire agencies at least 90 days before they adopt or
amend their safety elements.
A county with SRA lands and a city or county with very high
fire hazard severity zones must send its safety element to
the State Board and to the local fire agencies every five
years, starting on:
December 31, 2010, for the cities and :he County
within the San Diego Association of Governments.
December 31, 2011, for the cities and counties
within the Southern California Association of
Governments.
December 31, 2012, for the cities and counties
within the Association of Bay Area Governments.
June 30, 2013, for the cities and counties within
the County of Fresno County Governments, the Kern
County Council of Governments, and the Sacramento Area
Council of Governments.
December 31, 2014, for the cities and counties
within the Association of Monterey Bay'Area
Governments.
December 31, 2015, for all other cities and
counties.
The State Board and the local fire agencies have 60 days to
review these documents and may make recommendations. The
city councils and county boards of supervisors must
consider these recommendations before they adopt or amend
their safety elements. If the city councils or county
supervisors don't accept all or some of the
recommendations, they must explain their reasons in
writing. If the recommendations are not available in time,
the local officials can act without them (SB 186, Dills,
1989 and AB 3065, Kehoe, 2004) .
Senate Bill 505 adds the State Department of Forestry and
Fire Protection to the list of public agencies that must
review and report written recommendations to cities and
counties regarding their draft and existing safety
elements. SB 505 requires local fire protection agencies
to review draft and existing safety elements within 60 days
of receiving them.
III. Planning Advice The Governor's Office of Planning
and Research (OPR) must adopt and regularly revise the
"General Plan Guidelines" which advise cities and counties
on how to prepare local general plans. Unlike the "CEQA
Guidelines" which are administrative regulations adopted by
the Secretary of the Natural Resources Agency, OPR's
"General Plan Guidelines" are merely advisory. OPR also
publishes other advisory reports, including the November
2003 document, "Fire Hazard Planning. " Senate Bill 505
requires the Governor's Office of Planning and Research to
update its "Fire Hazard Planning" on or after January 1,
2001.
IV. Environmental Review The California Environmental
Quality Act (CEQA) requires public officials to consider a
proposed project's environmental effects and to avoid or
mitigate environmental impacts when feasible. To help
public agencies carry out their duties, the Governor's
Office of Planning and Research (OPR) drafts and the
Secretary of the Natural Resources Agency adopts
administrative regulations called the "CEQA Guidelines. "
The "CEQA Guidelines" explain how lead agencies and
responsible agencies carry out their duties.
Senate Bill 505 requires the Governor's Office of Planning
and Research to recommend changes to the "CEQA Guidelines"
to the Natural Resources Agency to include fire hazard
impacts on the initial study checklist. SB 505 also
requires lead agencies to consult with the State Department
of Forestry and Fire Protection and the State Board of
Forestry and Fire Protection regarding projects located on
State Responsibility Area land or in a very high fire
hazard severity zone.
Comments
1. Fire is the new flood Comprehensive land use planning serves two
purposes. First, it helps public officials
avoid problems when they make decisions about the future.
Second, it helps public officials solve past problems. The
Legislature promoted both of those purposes in 2007 when it
increased the local planning requirements for flood
hazards. Legislators required local general plans' safety
elements to present information, set goals and policies
based on that information, and come up with feasible
measures to carry out those goals and policies. That
three-part approach will help city councils and county
supervisors make better land use decisions that avoid or
minimize the risks of flooding. SB 505 applies the same
three-part approach to the problems of wildfires on State
Responsibility Area land and in very high fire hazard
severity zones. The state government has both a policy
interest and a fiscal interest in the decisions that cities
and counties make about land use for land that's prone to
wildfires. Not only does the state want to protect the
SRA's watershed resource values, but the State Department
of Forestry and Fire Protection is responsible for battling
wildland fires. Because the costs of fire prevention and
fire suppression are linked to local land use decisions,
the state government wants to encourage wise land use
planning that prepares local officials to make future land
development decisions. Using the accepted three-part
approach to land use planning, SB 505 helps local officials
make better land use decisions.
2. Yet another mandate The Legislature: first required
cities and counties to adopt general plans in 1937 (AB 722,
Weber, 1937) . Over the last 70 years, legislators have
insisted on increasingly detailed local plans. The recent
trend has been to require general plans to pay more
attention to specialized topics: San Joaquin Valley's air
quality (AB 170, Reyes, 2003) , wildland fires (AB 3065,
Kehoe, 2004) , tribal cultural places (SB 18, Burton, 2004) ,
military operating areas (SB 926, Knight, 2004) , and flood
hazards (AB 162, Wolk, 2007) . As land use problems hit the
headlines, they capture the attention of legislators who
react by imposing new planning chores on cities and
counties. But, unlike other states, California doesn't
invest State General Fund money in long-range,
comprehensive, local planning. The burden of funding these
new state mandated local programs falls on local general
funds and on the property owners who apply for development
permits. Communities that live with wildland fire hazards
already know who they are. SB 505 is just another
well-intentioned, but unfunded, state mandated local
program.
3. Say what you mean, mean what you say When SB 505
requires local safety elements to establish goals,
policies, and standards for SRA land and very high fire
hazard severity zones, the bill lists five topics for
wildland fire concerns. Although patterned after the five
topics that the Legislature adopted for flood hazards, the
topics don't make as much sense when applied to wildland
fires. For example, evaluating whether new development
should be located in documented "flood hazard zones" is
quite different than considering whether to allow any new
development on any SRA land (page 9, lines 37 & 38) .
Further, the consideration of mitigation policies really
shouldn't be a separate thought (page 10, lines 4-6) . The
Committee may wish to consider an amendment that revises
these two topics (from page 9, line 37 to page 10, line 6)
into a single requirement for "Identifying construction
design or methods, including fire resistive construction
methods, fuels management methods, or other methods, to
minimize damage if new development is located in a state
responsibility area or in a very high fire hazard severity
zone. "
4. _Last year's bills SB 505 is not the first measure to
propose better land use planning for wildland fires. SB
1500 (Kehoe, 2008) would have prohibited counties from
approving development on SRA lands unless there was
sufficient structural fire protection. SB 1500 died on the
Assembly Floor without a vote. AB 2447 (Jones, 2008) would
have required county supervisors to deny development on SRA
lands without sufficient structural fire protection.
Governor Schwarzenegger vetoed AB 2447 because it may have
directly involved the State Department of Forestry and Fire
Protection in local development decisions. Unlike last
year's bills, SB 505 does not directly affect local
officials' development decisions in SRA lands. Instead,
the bill requires more wildland fire planning in general
plans. However, following the vertical consistency
doctrine, local officials' development decisions will have
to be consistent with the newly-revised general plans.
5. Clarifying and technical amendments After amending SB
505 on April 2, but during the Legislature's spring recess,
the author identified seven clarifying and technical
amendments to improve the bill's language:
Page 3, line 3, strike out "after" and insert
"before"
Page 9, line 11, strike out "take into account" and
insert "consider"
Page 9, line 19, strike out "locally prepared maps"
strike out lines 20 and 21, and insert "maps prepared
by local agencies displaying areas that have been
historically subject to wildfires. "
Page 9, line 25, strike out "fire hazard zones" and
insert "very high fire hazard severity zones"
Page 9, line 30, strike out "comprehensive"
Page 9, line 35, after "the" insert "unreasonable"
Page 10, line 9, strike out "fire srations, "
6. Double-referred Because SB 505 adds two sections to
the California Environmental Quality Act, the Senate Rules
Committee has ordered a double-referral of the bill ---
first to the Senate Local Government Committee which has
policy jurisdiction over the land use planning and
development statutes, and then to the Senate Environmental
Quality Committee which has jurisdiction over CEQA bills.
Support and Opposition (4/9/09)
Support California Fire Chiefs Association, California
Professional Firefighters, Fire Districts Association of
California, Sierra Club-California.
Opposition American Council of Engineering
Companies-California, California Building Industry
Association, California Business Properties Association,
California Chamber of Commerce, California Forestry
Association, California Major Builders Council, Resource
Landowners Coalition.
. ....... ....
----------- ---------
Cherokee Rd 4
.... ............
J�
Location of PRED09-0002 Parcels
Michelena, Mark
From: Henry Lomeli [HLOMELI@dfg.ca.gov]
Sent: Wednesday, April 29, 2009 12:15 PM
To: Banner, Brad; Nelson, Carl; Thistlethwaite, Charles; Fogel, Doug; Schroth, Eric; Gillis, Kathy;
Mannel, Kevin; Aguila, Michelle; Kirk, Maureen; Michelena, Mark; Betts, Steve; Edell, Stuart;
Loker, Sally; Castanon, Yvette; Matt Damon
Subject: Re: FW: Pre-Development Review of PRED09-0002
Attachments: Henry Lomeli.vcf
Liu
Henry Lomeli.vcf
Hello All;
I wanted to respond with a brief, but important comment for your consideration. Some
thoughts on the "Open Space" plan to this application. . .
I was able to make a site visit to the property with the applicants several months ago.
I have included some recommendations for wildlife mitigation that involve amending the
currently identified Open Space areas.
After a site review, I recommend eliminating the 70 ac.Open Space site (041-320-011) .
Because several of the properties that border this parcel are in existing developments,
they have already created habitat fragmentation and disturbance factors from the nearby
homes in that general area, therefore it has a lower future wildlife value compared to
other parts of the property.
Also, having two open space units instead of one only creates a larger problem with
habitat fragmentation. Adding to the 60 ac. Open Space area to the north is best
mitigation for wildlife.
The open space component to this application can be greatly improved by requiring some
modifications to the map. They should include the following:
Add Lot 7,8, 9,10,12,13 to the open space area in the north to create one usable unit of
wildlife habitat. This would create a full range of topographical relief, vegetation
breaks and transitions, and supply a functional corridor from the steep north facing brush
canyon to the flat more southerly facing slopes with a variety of habitats. This plan
helps to link habitat types, the other only creates more fragmentation.
This modification would be in exchange for the 70 ac. of open space that has less value
for wildlife.
Hope these thoughts are helpful for you meeting. Thanks for the CC:
Let me know if there is anything else I can assist with. . .
Thanks again,
henry
Henry Lomeli
Associate Wildlife Biologist
Calif. Dept. Fish & Game
1100 Fortress St. Ste. 2
Chico, CA 95973
(530) 892-8470
>>> "Michelena, Mark" <MMichelena@buttecounty.net> 4/27/2009 8:09 AM >>>
1
The date for the PRED09-0002 ,,�_-eting has been rescheduled foi 1.00 p.m.
on Wednesday, May 13, 2009. I attached the original information from the previous email.
Mark Michelena
Senior Planner, Planning Division
Butte County Department of Development Services
7 County Center Drive, Oroville, CA 95965
(530) 538-7376
(530) 538-5366 Fax
mmichelena@buttecounty.net
From: Michelena, Mark
Sent: Thursday, April 02, 2009 11:19 AM
To: Henry Lomeli (hlomeli@dfg.ca.gov) ; 'Sarah Smith' ; 'Aguila, Michelle' ; 'Banner, Brad' ;
'Castanon, Yvette' ; 'Cochran, Ada' ; 'Damon, Matt' ; 'Edell, Stuart' ; 'Fogel, Doug' ;
'Gillis, Kathy' ; 'Kirk, Maureen' ; 'Loker, Sally' ; 'Mannel, Kevin' ; 'Nelson, Carl' ;
'Reimers, Ken' ; 'Schroth, Eric' ; 'Thistlethwaite, Charles,
Subject: Pre-Development Review of PRED09-0002
Please review the attached information and submit your comments. This is a Pre-
Application review of a potential project in Butte County.
Please let me know if you have any questions. The Pre-Application meeting is set for
April 22, 2009 at 1:OOpm at 7 County Center Drive.
If there is a change of the meeting date, I will notify you. Thank you.
Mark Michelena
Senior Planner, Planning Division
Butte County Department of Development Services
7 County Center Drive, Oroville, CA 95965
(530) 538-7376
(530) 538-5366 Fax
mmichelena@buttecounty.net
2
(i) Other standards and requirements. The following additional standards and requirements shall
apply in a"U"zone, except where specifically modified for conditional uses:
(1) Off-street parking and loading shall be provided in conformity with the provisions of section
24-240.
(2) Control on land divisions. Any proposed land division of twenty (20) acres or less must first
apply for and obtain specific zoning consistent with the general plan or applicable area or specific
plan.
(3) 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 density allowed shall
not exceed that specified by the general plan land use element or one(1) dwelling unit per twenty
(20) acres, whichever is less. 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. 3560, § 8, 10-
12-99; Ord. No. 3906, §2, 3-22-2005)
L-e4
y��a1A
?�1
Pu, ( -
24-82 Flexible lot size provisk Page 1 of 6
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 greaser 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.
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(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-deve.opment 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
lots/sites (including a description of the maximum number of lots), roads, open space areas and
other features based on the opportunities and constraints mapping. In addition, the conceptual
development plan shall address all items listed in subsections(g) (except(g)(3)), (h) and (i) of
this section. Where appropriate, information may be provided ir, 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 vire 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 size provided the county's
building code, sewage disposal, water supply, health and safety, fire safety and other applicable
regulations are met.
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(3) Subdivision map notation. Final subdivision and parcel maps shall include a notation that
stipulates that the parcels created under the provisions of this section cannot be further divided
except remainder parcels in phased developments, as provided in subsection (h) of this section.
(4) Building setbacks/yard area and lot dimension requirements. Building setback and lot
dimension requirements are flexible, but under no circumstance shall setbacks from property
lines be less than five (5)feet. Lots may be designed with building envelopes instead of
conventional building setbacks. Building envelope areas must be delineated on the tentative and
recorded subdivision maps. Lot areas outside of established building envelopes will not
automatically require the establishment of open space easements. Depending upon the reason
for the use of building envelopes, a conservation easement may be used or alternative
management standards may be established. All site development shall be consistent with the
county's fire safe requirements and Public Resources Code, Section 4290.
(5) Street design. Street improvements shall be governed by the following factors:
a. Deviation from conventional road and sidewalk requirements may be requested by the
applicant. The decision-making body may approve deviations depending upon project design,
site conditions and other factors.
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
parcel unless the applicant can show that water is not available it other locations and that
impacts to sensitive or protected lands can be avoided or mitigat=d.
b. Subdivisions creating twenty-five(25) or more parcels may meet the following standards:
1. The project may use a community sewage disposal system and community well, provided
there is a homeowners association as the responsible maintenance entity.
2. Community facilities may be located on the open space parcel provided it can be located on
suitable land that is not subject to physical or environmental constraints. Each request shall
obtain tentative clearance from the Butte County Health Department, Environmental Health
Division for the proposed lot sizes. Soil tests, drilling of test wells, or geologic reports may be
required to provide evidence of sewage disposal capacity and domestic water availability.
Minimum lot areas for septic systems must comply with section 20-120.1 of the Butte County
Subdivision Ordinance and Appendix VII of the Improvement Standards for Subdivisions.
(f) Permitted uses/accessory uses. Except as noted 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 cove-age 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.
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(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 by site conditions;
b. Erosion control;
c. Sewage disposal, water well, and stormwater drainage facilities, including ditches and
detention basins, if proposed for the development;
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24-82 Flexible lot size provisi, Page 5 of 6
d. Other natural resource management activities and uses. Open space management plans shall
include provisions for long-term maintenance of improvements and facilities that will not result in
a fiscal impact on the county.
(4) Open space minimums. The amount of open space reserved in a project shall vary in
accordance with the following provisions:
a. For projects in zoning districts with a minimum lot size requirement of five (5) acres or less,
open space requirements shall be based solely on the constraining site features, as described in
subsection (g)(1) 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 wildl.fe 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 gots shall have physical and/or
visual contact with permanent open space. This is intended to facilitate surveillance, foster
routine maintenance, and improve the quality of life of project residents through the integration of
homesites into a permanent open space setting.
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(8) Trails. Where pedestrian, bicycle and/or equestrian trails a,e constructed in dedicated open
space areas, the following requirements shall apply:
a. Environmentally sensitive areas shall not be impacted;
b. Privacy of proposed on-site and existing off site residences shall not be intruded upon;
c. Public access shall be permitted only where public access easements, consistent with an
adopted trail master plan, have been acquired.
(h) Phased development. Projects may be proposed for development in two(2) or more phases.
Remainder portions may be proposed and set aside for further development. In such instances,
the following shall apply:
(1) Land not proposed for immediate development shall be labeled "Remainder"on the
subdivision map.
(2)The acreage of the remainder may only be included in the calculation of residential density of
the developed area if a transfer of density (as addressed in subsections (g)(7) and (i) 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 or dwelling units proposed on a
phase-by-phase basis.
(6) Under no circumstances shall phased development result in higher residential density than is
otherwise permitted by the zoning district.
(i) Development credit/density transfer.
(1) Development credits or density may be transferred within parcels, across parcel lines of
contiguous parcels, and from non-contiguous lands that are part of a single development
proposal.
(2)All development credit transfers shall be specified and governed by a development agreement
or other suitable instrument between the developer, applicable sending site landowner, and the
county. (Ord. No. 3560, § 1, 10-12-99; Ord. No. 3906, § 2, 3-22-2005)
« previous next>>
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RED HILL ACRES
CHEROKEE
PROJECT DESCRIPTION
MARCH 2009
Prepared By:
Jean King and Ted Westphal families
PROJECT DESCRIPTION
Proposed project is comprised of 31 single—family lots differing in sizes from 5.0 acres
to 7.8.acres. The overall project site consists of.347 acres with over 50 percent of the.
land being proposed as open space.
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COMBINED
COMBINED KING &WESTPHAL:DRAFT TENTATIVE SUBDIVISION MAPS
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LOCATION
The project site is located 13 miles north of Oroville, 1.6 miles off Highway 70, on
Cherokee Road. The nearest cross street is Cherokee Road and Crystal Pines
Road. The geological survey map name of the site is "Red Hill", and it is in part, adjacent
to a northern arm of Lake Oroville.
The assessor's property numbers are:.
(Property of King)
041-060-094
041-320-011
041-070-014
(Property of Westphal)
041-060-028
r
041-060-119
041-500-001
Below is a map of:the vicinity of the roject to urban cities.
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LAND USE
The parcels involved in the project are vacant and undeveloped. This site is currently
zoned 24-230 U (Unclassified) Zone. Current portions of the project site are in the Deer
Herd Management Area, under the Critical Winter range. The General Plan 2030 zoning
is still being determined by the Butte County Planning team. The proposal includes an
application for a subdivision to allow for clustering res_dences on mostly 5 acre sites
within 165 of the 347 total acreage. This will allow the proposed project to have flexible
lot sizes and cluster the housing development allowing for a maximum amount of open
space.
VEGITATION, TOPOGRAPHY and SOILS fro"
(5oo
The site is characterized as a valley foothill and ranges frOrn-7;C I"I to 1,57Sb'.
Vegetation includes blue oak, black oak, interior live oak, incense-cedar, ponderosa pine,
gray pine, foothill pine, madrone, whiteleaf manzanita, l.oyon,buck brush, and poison-
oak.
Below is the soil map provided by the natural resources conservation service, by United
States Department of Agriculture.
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A I`t •t
A variety of soils are identified in this project including, 118, 552, 553,554, 557, 558,
564, 670, 671.
Ownership Background
The Westphal family ownership began nearly 100 years ago when our grand uncle,
Frederick J. Stoer, acquired both the Goldbank Consolidated Mine properties in
Forbestown and the Cherokee parcels. At the time Uncle Fred acquired the Cherokee
pieces, they were commonly known as the "United States Diamond Mines". So as a
family, we have had a long-time interest in Butte County and in Oroville where Fred
lived for the last 40 years of his life in a modest cottage until his death in 1953.
The King family has had investment in butte county since the 1930's when Cecil King
(Butte County's first welfare director) settled here to grow orange orchards.
The King lands in Cherokee were purchased in the 1960's and have also been passed
down from generation. Clayton and Ruth King, long time residences and local business
owners enjoyed recreation activities on this land. Clayton King was an avid outdoor
enthusiast and spent time a lot of time with his family and friends enjoying this property
and the beauty it possess. His Son, the late H. Robert King (Public Defender for Butte
County), was a history buff and loved to share the history of the town of Cherokee and all
of Butte County.
For decades,both families long term plan for the property has been to develop the
parcels in some appropriate manner. Additionally we would like to have the
opportunity to pass portions of these lands over to children and grand children. And of
course,for decades we have paid our annual property- taxes with this expectation of
a future development.
PUBLIC SERVICES
Services and facilities presently or potentially available to the project include but are not
limited the following:
Sewage Disposal: Individual Septic System
Water Supply: Individual Well
Electricity: Pacific Gas and Electric
Communication: AT&T Telephone
Digital Path
Comcast Cable
TRANSPORTATION SYSTEM
The King and Westphal families have exchanged easements for common use of the
existing road system, thus providing deeded access to their respective parcels.
HISTORY OF CHEROKEE
Prior to the arrival of the Europeans to North America this area of California was
populated with Maidu Indians. This Particular tribe seasonally migrated throughout
various portions of the western Sierra Nevada region. The area now known as Cherokee
shows prehistoric evidence that the Maidu's sustained themselves by hunting small game
and foraging for native plant life. Around 1818 Spanish explorers discovered gold under
Table Mountain. In 1849, a migrant band of Cherokee Indians arrived from Oklahoma
and panned for gold. Soon after this area became a popular site for homesteaders during
the gold rush era. Welsh miners, migrating from England in 1853, built stores. Perfected
mining techniques, and named the town for the Cherokee Native Americans who had
preceded them. The town and hydraulic mines developed a unique form of water
transportation through a network of reservoirs, canals and flumes. One of the most
notorious engineering feats was the inverted pipe flume that brought water from as far
away as 40 miles, down the Feather river canyon, and up to the town. In the 1890's
hydraulic mining became too expensive and much of the water conveyances were sold
off to power and irrigating concerns. In 1891 a fire nearly destroyed the entire town and
thus began the demise of the town. Even the discovery of diamonds failed to stem the
decline of the town. Another fire ravaged the town in 1947 leveling most all of the
buildings except for those that exist today. Since then various parcels have been sold to
private landowners and the state for a variety of different uses including: recreation,
timber, historic preservation, rural residential and agriculture. (Written by Steve
Andrews - Registered Forester)
HIGHLIGHTS OF PROPOSED OPEN SPACE
This section is to help illustrate the valuable aspects of the open space that is being
presented. We have been working with Henry Lomeli from the Department of Fish and
game to deliver a proposal that is both environmentally and economically sound in the
Cherokee area. Henry has met with us and hiked over much of the site with our proposed
cluster development map in hand. His reactions to our cluster concept have been quite
favorable.
Our families understand the importance of being a steward to the land and wish to create
a development that utilizes tools to reduce the impact on wildlife, trees and the
environment. This green approach will also act as a hallmark to this development and we
are committed to working with the county to make this happen.
Below is a picture of Ted Westphal in front of a wetland on the project site that is part of
the proposed open space.
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By looking at the proposed subdivision map, you will also notice that 85.4 acres of open
space back up to state property magnifying the amount of land set-aside for wildlife.
The project is also contiguous to recreation land connecting to the Vinton Gulch Boat
ramp managed the state parks and recreation department. Deeded access from the old
Cherokee cut-off road leads directly down to the car top boat ramp that could make for a
good recreational trail system.
Additionally, portions of the open space contain large ponderosa pine trees that are of
some harvesting value. Harvesting not contemplated. ,