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HomeMy WebLinkAboutPRED 07-0012_PLANNING IN SEPARATOR SHEET nvN PROJECT NUMBER FRED 09- 0012 Page 1 of 1 Troester, Steve From: Edell, Stuart Sent: Thursday,, Marc 2h 7 2008 3:46-PM To: Wesley Gilbert; Troester,Steve Cc: Gavin Leiper; Jeff Schwein Subject: RE: Mead TSM (APN 039-260-058) In addition to AP 039-260-058,Mead Created 2 contiguous parcels with the recording of the parcel map recorded at Book 128/Maps/80(APN 039-260-059&060). If parcel 058 is subdivided into more than 2 lots, it would be considered a subdivision(i.e. more than 4 contiguous lots). It is my opinion that frontage improvements along the south and east sides of Ord Ferry Road and the west side of Aguas Frias Road, including any drainage improvements,would not be required since I do not feel that there would be a nexus from the creation of three(3)contiguous 40-acre+/-parcels out of AP 039-260-058. From: Wesley Giles_[mailto:wgilbert@lumosengineering.com] Sent: Tuesday, March 25, 2008_2:07 PM To: Edell, Stuart Cc: Gavin Leiper; Jeff Schwein Subject: Mead TSM (APN 039-260-058) Below is a copy of the email that I sent you shortly after our telephone conversation last Thursday afternoon and am wondering if you have and a chance to review it yet? I would like to have a response, one way or the other, for our files. Thanks. i Wesley E. Gilbert, P.E. Engineering Manager Lumos &Associates, Inc. 3259 Esplanade, Suite 102 Chico, CA 95973 Tel: 530.899.9503 Fax: 530.899.9649 wgilbert@lumosengineering.com I wrote on 3/20/08 the following: The purpose of this email is to confirm our telephone conversation earlier this afternoon regarding the subdivision of APN 039-260-058. I understood that if parcel 058 is subdivided into more than 2 lots, it would be considered a subdivision since Mead Orchards already created 2 parcels with the recording of the parcel map recorded at Book 128/Maps/80 (APN 039-260-059& 060). You also indicated tome that frontage improvements along the south and east sides of Ord Ferry Road and the west side of Aguas Frias Road would not be required since you did not feel that there would be a nexus from the creation of two(2)additional 40-acre +/-parcels, including any drainage improvements. Please respond to this email with your agreement and/or disagreement to what I have stated above. If you disagree, please let me know why, etc. Thank you for your assistance in clarifying this matter. 4/21/2008 Page 1 of 1 Troester, Steve From: Troester, Steve Sent: Thursday,JFebruary 21, 200810:07 AM To: Edell. tuart: Schroth, Eric 'rJ Subject: Reinemer Road Abandonment Letters of Protest-Comment Attachments: SCN_20080221100207_001.pdf Hi Stu, These were attachment K to my 9/25/07 agenda report to the Board regarding LCA CANC. Steve Troester, Senior Planner Butte County Dept. of Development Services #7 County Center Drive Oroville, CA, 95965 (530) 538-7153 2/21/2008 Page 1 of 1 Troester, Steve From: Edell, Stuart Sent: Wednesday, February 06, 2008 10:26 AM To: Troester, Steve; Snellings, Tim; Thistlethwaite, Charles; Calarco, Pete; Jolliffe, Stacey Cc: Schroth, Eric; Bridgnell, Bill; Garcia, Jeffery Subject: RE: Mead GPA/RREZ and Mead PRED 07-0012 Status Don't you already have a letter in your file from the Cemetery opposing the vacation (abandonment) of Reimner Road? If we force him to process the vacation in conjunction with the GPA/REZ and TPM he will need to deposit money for the purchase of the vacated Reimner Road right of way, if vacation is approved. Mead already created three parcels with a parcel map. This property is parcel 2 of said map. Division of said parcel 2 into three parcels would result in five contiguous parcels created by the same owner, which requires the filing of a subdivision map under our Code and the Subdivision Map Act. From: Troester, Steve Sent: Wednesday, February 06, 2008 9:20 AM To: Snellings,Tim; Thistlethwaite, Charles; Calarco, Pete; Jolliffe, Stacey Cc: Schroth, Eric; Edell, Stuart Subject: Mead GPA/RREZ and Mead PRED 07-0012 Status Stacey has asked me to update you on the status of the Mead GPA/RREZ processing. The applicant had proposed, and DDS agreed that we would process this GPA/REZ&abandonent concurrently with a TPM to divide the subject land into 2-3 parcels. Mr. Mead has yet to submit a TPM application. In a closely related matter, subsequent to the Board's approval of the Tentative Immediate Cancellation of the LCA contract, Mr. Mead submitted a pre-development conference application (PRED 07-0012) to the county regarding his land immediately east of(across Ord Ferry Rd.) and adjacent to the GPA/REZ land. PRED 07-0012 requests conceptual review of division of an existing 127-acre parcel in the OFC/A-40 (in orchard production) into two 40-acre and one 47-acre parcels. The land is subject to Williamson Act contract. The owner is willing to have a condition placed on such a map that would prohibit additional residential development(one residence per a-40 parcel) until the Williamson Act contract might be non-renewed and expire. During our PRED conference with the applicant on November 14, 2007, Public Works commented that they had concerns that by processing a 2-3 parcel TPM on the GPA/REZ land concurrently or subsequently processing a 3-parcel TPM on the adjacent land (same owner)the Map Act could be interpreted to require that a "subdivision map" rather than two TPMs be filed. Responsibility of resolution of that question was left in the hands of Doug Sutherland (the applicant's engineer/Lumos Assoc.), to follow up with Public Works with additional information and discussion. My conversations yesterday with Lumos Assoc. (Gavin Leiper) and with Public Works today confirm that Mr. Sutherland has not done any of this follow-up on behalf of his client. Steve Troester, Senior Planner Butte County Dept. of Development Services #7 County Center Drive Oroville, CA, 95965 (530) 538-7153 I 2/21/2008 From: Edell, Stuart Sent: Tuesday, February 19, 2008 2:36 PM To: Gavin Leiper;"Troester;Steve;"D'oug Sutherland; Jim Mead Cc: Schroth, Eric; Thistlethwaite, Charles; Jolliffe, Stacey; Snellings, Tim Subject: RE: PRED 07-0012 Mead TSM issue Outcome I would expect widening with some type of overlay. From: Gavin Leiper [mailto:gleiper@lumosengineering.com] Sent: Tuesday, February 19, 2008 10:41 AM To: Troester, Steve; Doug Sutherland; Jim Mead Cc: Edell, Stuart; Schroth, Eric; Thistlethwaite, Charles; Jolliffe, Stacey; Snellings,Tim Subject: RE: PRED 07-0012 Mead TSM issue Outcome Will the Subdivision Map automatically require that Aguas Frias Road, Durham Dayton Highway, and Ord Ferry Road all be reconstructed per condition #11 of the Standard Conditions dated 10/15/07? Gavin Leiper, E.I.T. Project Designer 3259 Esplanade, Suite 102 Chico, CA 95973 LUMOS Tel: 530.899.9503 c ASSOCIATES Fax: 530.899.9649 gleiper@lumosengineering.com From: Troester, Steve [mailto:Stroester@buttecounty.net] Sent: Tuesday, February 19, 2008 10:26 AM To: Gavin Leiper; Doug"Sutherland;Jim Mead Cc: Edell, Stuart; Schroth, Eric; Thistlethwaite, Charles; Jolliffe, Stacey; Snellings,Tim Subject: PRED 07-0012 Mead TSM issue Outcome Jim Mead, Doug Sutherland and Gavin Lieper, The Land Development Division of the Public Works Department has reviewed the proposed land division on APN 039-260-058 (PRED 07-001). They note that the Meads already created three parcels with a parcel map (the GPA-REZ property on the west side of Ord Ferry Rd.). The PRED 07-0012 property (APN 039-260-058) is parcel 2 of said prior map. Division of said parcel 2 into three parcels would result in five contiguous parcels created by the same owner, which will require the filing of a subdivision map (TSM) under our Code and the Subdivision Map Act. The Land Development Division also notes that, if the applicant wishes to process the Reinemer Road vacation in conjunction with the GPA/REZ and TSM he will need to deposit money for the purchase of the vacated right of way, if vacation is approved. In this regard, please contact Stuart Edell of the Land Development Division for details. Steve Troester, Senior Planner Butte County Dept. of Development Services #7 County Center Drive (�r5 J kaon e-0 W-5. �/, �y ' , 1 t r � 4 ry ' r .. \, - � Y, ., Page 1 of 1 Troester, Steve From: Troester, Steve Sent: Wednesday, February 06, 2008 9:20_AM To: Snellings, Tim;Thistlethwaif6,Charles; Calarco, Pete; Jolliffe, Stacey Cc: Schroth, Eric; Edell, Stuart Subject: Mead GPA/RREZ and Mead PRED 07-0012 Status Stacey has asked me to update you on the status of the Mead GPA/RREZ processing. The applicant had proposed, and DDS agreed that we would process this GPA/REZ&abandonent concurrently with a TPM to divide the subject land into 2-3 parcels. Mr. Mead has yet to submit a TPM application. In a closely related matter, subsequent to the Board's approval of the Tentative Immediate Cancellation of the LCA contract, Mr. Mead submitted a pre-development conference application (PRED 07-0012)to the county regarding his land immediately east of(across Ord Ferry Rd.) and adjacent to the GPA/REZ land. PRED 07-0012 requests conceptual review of division of an existing 127-acre parcel in the OFC/A-40 (in orchard production) into two 40-acre and one 47-acre parcels. The land is subject to Williamson Act contract. The owner is willing to have a condition placed on such a map that would prohibit additional residential development(one residence per a-40 parcel) until the Williamson Act contract might be non-renewed and expire. ED"uring our PR.ED,.conference with the applicant on November 14, 2007, Public Works commented that they had concerns that by processing a 2-3 parcel TPM on the GPA/REZ land concurrently or subsequently processing a 3-parcel TPM on the adjacent land (same owner)the Map Act could be interpreted to require that a "subdivision map" rather than two TPMs be filed. Responsibility of resolution of that question was left in.the hands of Doug Sutherland (the applicant's engineer/Lumos Assoc.), to follow up with Public Works with additional information and discussion. My conversations yesterday with Lumos Assoc. (Gavin Leiper) and with Public Works today confirm that Mr. Sutherland has not done any of this follow-up on behalf of his client. Steve Troester, Senior Planner Butte County Dept. of Development Services #7 County Center Drive Oroville, CA, 95965 (530) 538-7153 2/6/2008 Page 1 of 1 Troester, Steve From: Troester, Steve Sent: Wednesday, February 06, 2008 9:24 AM To: Snellings, Tim; Thistlethwaite, Charles; Calarco, Pete; Jolliffe, Stacey Subject: Mead GPA/RREZ and Mead PRED 07-0012 EXHIBIT FYI -------------- - REZ PiED 07-0092 a... .=a.. .... i' is f Steve Troester, Senior Planner Butte County Dept. of Development Services #7 County Center Drive Oroville, CA, 95965 (530) 538-7153 2/6/2008 AV Ay VL ro ea .S Page 1 of 1 Troester, Steve From: Troester, Steve Sent: Monday;November 05,200719:09 AM To: 'Gavin Leiper' Cc: 'Jim Mead' Subject: RE: Mead Pre Application Meeting Jim & Gavin, This is just to confirm that the pre-development conference will take place on Wednesday, November 14 at 1:OOPM her in Oroville. Steve Troester, Associate Planner Butte County Dept. of Development Services #7 County Center Drive Oroville, CA, 95965 (530) 538-7153 From: Gavin Leiper [mailto:gleiper@lumosengineering.com] Sent: Wednesday,cOctober 31, 2007 1:2_2 PM To: Troester, Steve— Subject: Mead Pre Application Meeting Hi Steve, Just wanted to verify the date and time of the pre application meeting for Jim Mead's 3 parcel split. Thanks. Gavin Leiper Lumos and Associates 899-9503 11/5/2007 Page 1 of 1 Troester, Steve From: Doug Sutherland [dsutherlanda�lumosengineering.com] Sent: Thursday, November 29, 2007 10:25 AM To: Gavin Leiper; Troester, Steve Subject: RE: Mead/LLA#06-36 Gavin, Steve sent that to me. I haven't had a chance to read them completely through. I'll forward that email now. Doug Douglas S. Sutherland,P.L.S. 0 Surveying Manager 3259 Esplanade, Suite 102 Chico, CA 95973 Tel: 530.899.9503 Fax: 530.899.9649 dsutherland@lumosengineering.com From: Gavin Leiper Sent: Thursday,November 29, 2007.10:16 AM To: Troester, Steve'—�"-- Cc: Doug Sutherland Subject: Mead/LLA#06-36 Good Morning Steve, Just wanted to confirm with you that Mead's LLA will go before the BOS on Dec. 11, 2007. When you get a chance can you send me the public hearing notice? Also was wondering if you had the minutes from the Pre-Development meeting that we had on 11/14. Thanks! Gavin Leiper, E.I.T. Project Designer 3259 Esplanade, Suite 102 Chico, CA 95973 LUMOS Tel: 530.899.9503 6,ASSOCIATES Fax: 530.899.9649 gleiperClumosengineering.com 12/7/2007 Page 1 of 1 Troester, Steve From: Troester, Steve Sent: Monday, November 26, 2007 11:36 AM To: 'dsutherland@lumosengineering.com' Subject: FW: PRED07-0012 Mead Brothers Attachments: PRED07-0012.doc Doug, FYI. Steve Troester, Senior Planner Butte County Dept. of Development Services #7 County Center Drive Oroville, CA, 95965 (530) 538-7153 From: Schroth, Eric Sent: Monday, November 26, 2007 11:02 AM To: Troester, Steve Subject: PRED07-0012 Mead Brothers Steve, We have not received information from Doug Sutherland yet regarding ownership history to determine if a TSM will be required. Attached are tentative conditions. If a TSM is required, the Director of Public Works has indicated that he may not object to an exception request for road improvement requirements when the application is reviewed. Butte C uo my Public Works Land Development Division 7 County Center Drive Oroville, CA 95965 Phone: (530) 538-7266 FAX: (530) 538-7171 11/26/2007 PROJECT SUMMARY SHEET FILE NO.: PRED07-0012 PROJECT TYPE: PREDEVELOPMENT REVIEW APN: 039-260-058 APPLICANT: Mead Brothers ADDRESS: 9093 Troxel Road, Chico, CA, 95928 PHONE: 5308958424 OWNER: MEAD, H-A.RRY G TESTAMENTARY ADDRESS: 9093 TROXEL RD, CHICO, CA, 95928 REPRESENTATIVE: Lumos & Associates ADDRESS: 3259 Esplanade Suite 102, Chico, CA, 95973 PROJECT DESCRIPTION: Landowner requests conceptual review of division of an existing 127- acre parcel in orchard production into two 40-acre and one 47-acre parcels. The land is subject to Williamson Act contract. The owner is willing to have a condition placed on such a map that would prohibit any residential development(one residence per a-40 parcel) until the Williamson Act contract expires. The Williamson Act contract is self-renewing for a minimum of 10-years. Upon notice of contract non-renewal from the owner the land would still be subject to 10 years of contract restrictions. LOCATED: Site is located at the southwest corner of Augas Frias Rd and Durham Dayton HWY, adjacent to the east side of the town of Dayton. PROPERTY ZONED: A-40 GENERAL PLAN DESIGNATION: OFC TOWN/AREA: DAYTON 1. Application accepted: 10/15/2007 Amount: $ 1766.20 Receipt#: P734 2. Assigned To: Steve Troeste_ 3. Conference Room reserved: 4. Date and Time of Conference: 5. Pre-Development Letter sent to applicant and agencies: 6. Comments sent to: IDR, 7.+ Comments received from: 8. Staff Report: Project Video: 9. Follow-up letter sent to appl_cant: K://planning/projects/a new filel/pred summary sheet Revised 11/01/05 Butte County Department )Development Services AUT TF TIM SNELLINGS,DIRECTOR I PETE CA-- -CO,ASSISTANT DIRECTOR BUM o 0 7 County Center Drive ?COUNTY o 0 Oroville,CA 95965 ° _-- ° (530)538-7601 Telephone :OCT 15 2001 00 *°' ? o (530)538-7785 Facsimile DEVELOPMENT DU N'� SERVXMS Project# PROJECT'INFORMA}TION ?��1j 07,001 APPLICANT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: Mead Brothers Partnership- 039 - 260 - 058 ADDRESS: STREET,CITY,STATE,&ZIP CODE TELEPHONE: 9093 Troxel Road, Chico, CA 9592E ( 530) 895 - 8424 E-MAIL: FAX: jim_mead@sbcglobal.net ( 530 ) 895 - 8125 OWNER'S NAME: TELEPHONE: Same as Applicant ( ) ADDRESS: STREET,CITY,STATE,&ZIP CODE: PROPERTY INFORMATION NAME OF PROPOSED PROJECT(if any) SITE SIZE(in square feet or acres) Aguas Frias Parcel Map 1 127 acres LOCATION OF PROJECT(major cross streets and add-ess,if any) Southwest corner of Ord Ferry Road and Aguas Frias Road ZONE GENERAL PLAN EXISTING LAND USE PROPOSED LAND USE A-40 OFC Orcha-d No change EXISTING STRUCTURES(square feet) PROPOSED STRUCTURES(square feet) UNDER WILLIAMSON ACT CONTRACT None I None CKYes ❑No (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ® PROPERTY IS OR PROPOSED TO BE ON SEPTIC ® PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION TYPE ❑ADMINISTRATIVE PERMIT ,❑TENTATIVE SUBDIVISION MAP F] �f LEGAL LOT DETERMINATION TENTATIVE PARCEL MAP ❑USE PERMIT ❑ WAIVER OF PARCEL MAP ❑MINOR USE PERMIT ❑ CERTIFICATE OF CORRECTION ❑ COMMUNICATIONS FACILITY UP/P✓IUP ❑REZONE ❑VARIANCE ❑GENERAL PLAN AMENDMENT ❑ MINOR VARIANCE ❑MINING AND RECLAMATION PLAN ❑LOT LINE ADJUSTMENT ❑ DEVELOPMENT AGREEMENT ❑ CERTIFICATE OF MERGER ❑ OTHER t2MF-Or(/, Rr,n,✓Gbt2R�,d CRT PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT(Attzch necessary sheets. If this application is for a land division,describe the number and size of parcels.) Split current 127 acre parcel into two (2) forty acre parcels and one (1) 47 acre parcel. See attached conceptual map. 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 THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized,execute an affidavit of akthorization and include the affidavit with this application.) DATE: �(�—1��- Dd SIGNATURE: AGENT AUTHORIZATION To Butte County,Department of Developmer_t Services: Lumos & Associates, Inc. (5301 899-9503 Print Name of Agent Phone Number 3259 Esplanade, Suite 102, Chico, CA 95973 Mailing Address is hereby authorized to process this application on my/our property, identified as Butte County Assessors Parcel Number(s) 039-260-058 This authorization allows representation for a:1 applications, hearings, appeals,etc. and to sign all documents necessary for said processing, but not including document(.3)relating to record title interest. Owner(s) of Record (sign and printname) 7g&ant---5 lLZZe-lGofd/ Print N me Print Name ure Signature Print Name Print Name Signature Signature Print Name of Applicant(if other than owner) Signature of Applicant(if other than owner) Wesley E. Gilbert 530 899-9503 Print Name of California Civil Engineer/Land.Surveyor Phone Number 3259 Esplanade, Suite 102, Chico, CA wgilbert@lumosengineering.com Mailing Address Email Address OTTE COUNTY OCT 15 2007 DEVELOPMENT SERVICES Butte County Department fDevelo ment Services TIM SNELLINGS,DIRECTOR i PETE CAL R O,ASSISTANT DIRECTOR owTrF0 0 0 7 County Center Drive 0 0 Oroville,CA 95965 0 oY ��' " o (530)538-7601 Telephone (530)538-7785 Facsimile c�(JNty PROJECT SETTING DESCRIPTION INSTRUCTIONS Applicant Name: Mead Brothers Partnership Project Number: 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. COUNTY OCT 15 ?007 ,DEVELOPMENT SERVICES 1 ) BOTrE . PROJECT SETTING DESCRIPTION COUNTY FOR: OCT 15 2007 MEAD BROTHERS PARTNERSHIP APN 039-260-058 DEV SEBVdCES VICES�T 1) There is no incremental or phased development proposed with this project. Once approval for three (3)parcels is granted they will remain as almond orchards. 2) Amendments to existing Williamson Act Contract 3) The existing site contains a producing almond orchard. The site is flat with well draining soil. There are no known cultural, historical or scenic aspects associated with this site. There are three existing wells used for irrigation purposes. 4) Surrounding Properties: Northerly: 039-630-003 Lands of. Marian R. Archer Testamentary Trust This parcel is designated orchard and field crops and zoned A-40 (ag. 40- ac min). Currently there is one 1,302 sf building on this parcel. There are no known cultural, historical or scenic aspects associated with this site. Northeasterly: 039-210-091 Lands of: David H, and Brenda B., Ellis This parcel is designated commercial and is zoned HC (Highway Commercial). Currently there one 5,348 sf building located on this parcel. There are no known cultural,historical or scenic aspects associated with this site. Easterly: 039-260-037 Lands of William &Marjorie Bohan Trust This parcel is designated orchard and field crops and zoned A-40 (ag. 40- ac min). There are no buildings located on this parcel. There are no known cultural,historical or scenic aspects associated with this site. Easterly: 039-260-054 Lands of C. F. Koehnen & Sons Orchards This parcel is designated orchard and field crops and zoned A-40 (ag. 40- ac min). There are no buildings located on this parcel. There are no known cultural,historical or scenic aspects associated with this site. Southerly and adjacent: 039-260-032 Lands of W. Euvene Gilbert This parcel is designated orchard and field crops and zoned A-40 (ag. 40- ac min). Currently there is one 3,403 sf building on this parcel. There are no known cultural, historical or scenic aspects associated with this site. I . 7171.000 Z:\Land Projects 3\7171.000 Aguas Frias Subdivision\DEng\Other Document\PROJECT SETTING DESCRIPTION.doc I ' +"�a. C . �� �� .' a _ 't. :�'"�rry dSi �! Southwesterly and adjacent: 039-260-009 Lands of Clyde L. and Rosalie G. Cartwright This parcel is designated orchard and field crops and zoned A-40 (ag. 40-ac min). There are no buildings located on this parcel. There are no known cultural, historical or scenic aspects associated with. this site. Westerly and adjacent: Town of Dayton This land is designated as agricultural residential and is zoned SR-1 (suburban residential 1-ac min). There are six parcels that are immediately adjacent to the parcel Northwesterly: 039-260-060 Lands of Mead Orchards, Inc. The existing site contains a producing almond orchard. Currently this parcel is designated orchard and field crops and zoned A-40 (ag. 40-ac min). With the approval of general plan amendment and rezone#04N-04 this land will be re-designated as low density residential and rezoned as (SR-1). There are no known cultural, historical or scenic aspects associated withthis site. Northwesterly: APN 039-260-006 - Dayton Cemetery Northwesterly: APN 039-260-059 ' Lands of Nick R. and Linda A. Vidovich. Parcel contains single family home and producing orchard. Currently this parcel is designated orchard and field crops and is zoned A- 40 (ag. 40-ac min). There are no known cultural, historical or scenic aspects associated with this parcel. 5) No special studies have been prepared for this project at this point in time. 7171.000 Z:\Land Projects 3\7171.000 Aguas Frias Subdivision\DEng\Other Document\PROJECT SETTING DESCRIPTION.doc MEAD ORCHARDS, INC. 9093 Troxel Road Chico, CA 95928 (530) 895-8424 FAX (530) 895-8125 June 18, 2009 Butte County Dept. of Development Services 7 County Center Drive Oroville, CA 95965 Attention: Steve Troester RE: Mead TRSM08-0007 Processing Status Dear Mr. Troester: Enclosed please find a printout of the expenses that Mead Orchards, Inc. has expended for the project at the triangle-at 4-corners splitting it into three one-acre plots. Butte County $33,575.42 Lumos/Gilbert $24,095.25 Also, I have enclosed a copy of your email to Jim Mead showing what we believe to be an incorrect amount of$14,085.00. If you have any further questions, please call. Sincerely James H. Mead Enc. IT$ Comm JUN 2 2 2009 �< < D% T �f. ��1 t � ' • � + _ • 1 f 1 t ..- � ..1 .1 1. � � • . � .. r � � � a 1 � , - , ' ....,,� „ sr:��� y _ MUDOR CHARDSH 4-C Triangle y��Q�.�D. 2-03 Parcel Map 4/23/2009 X00,CA "M Project No. Accour Date Docno Description Debit 56600 06/09/03 48342 1262.03 Parcel Map $ 135.00 Gilbert Engineering 56600 07/03/03 48468 1262.03 Parcel Map $ 982.50 Gilbert Engineering 56600 08/12/03 48624 1262.03 Parcel Map $ 757.50 Gilbert Engineering 56600 09/06/03 48734 1262.03 Parcel Map $ 345.00 Gilbert Engineering 54400 09/30/03 3106 Application to Adjust Rezone Property $ 243:00 Butte County Planning Dept 56600 10/08/03 48975 1262.03 Parcel Map $---260.00 GilbertEngineering 56600 01/07/04 49444 1262.03 Parcel Map $ 592.50 Gilbert Engineering 54400 01/29/04 3132 Cancel of LCA Williamson Act $ 1,000:00 Butte County Planning Dept j 56600 02/04/04 49585 1262.03 Parcel Map $- -1-,557:50 Gilbert Engineering 56600 03/05/04 49726 1262.03 Parcel Map $ 470.00 Gilbert Engineering 56600 05/03/04 50037 1262-03 Parcel Map $ 2,143.75 Gilbert Engineering 54400 _05/21/04 50123 Application Gen Plan Amendment $ 8,097.00 Butte Dept of Devlopment Srvcsl 54400 05/21/04 50124 Application to Rezone Property $-6;029:00 Butte Dept of-Devlopment-Srvcs' 12303 01/03/05 3164 Williamson Act/Removal 4-C $ 895.08 Butte Dept of Devlopment Srvcs 56600 05/16/05 50155 1262-03-Parcel Map $ 1,529.50 Gilbert Engineering 12303 06/02/05 51803 1262-03 Study Soil Mantles w/County, Etc. $ 393.75 Gilbert Engineering 56600 7/8/2005 1548 County, Rezone, Etc. 4-Corners $ 925.00 Gilbert Engineering 56600 7/27/2005 1550 County, Rezone, Etc. 4-Corners , -' $ 442.50 Gilbert Engineering 56600_ 10/20/2005_ 1553 1262-03 Parcel Map $ 240.00 Gilbert Engineering _56600 01/19/06 1562 1262-03 Right of Way Abondonment $ 172.50 Gilbert Engineering 56600 02/25/06 1566 1262-03 Right of Way Abondonment $ 160.00 Gilbert Engineering 12303 03/22/06 3198 Right of Way Abandonment $ ,2,483.00 Butte Dept of Devlopment Srvcs ] 56600 04/20/06 1570 1262-03 Right of Way Abondonment $` 1;037.50 Gilbert Engineering 56600 05/23/06 1572 1262-03 Parcel Map $ 550.00 Gilbert Engineering 12303 10/30/06 3199 Filing Fee $, r-36:00 Butte County Recorder 1, 54400 11/20/06 53831 Appraisal Receipt $'"" 300.00 Butte County Planning Dept 1 56600 12/08/06 1602 1262-03 Parcel Map $ 517.50 Lumos &Associates, Inc. 12303 01/10/07 3271 Pre-Application Review/Parcel $ 659.10 Butte County Health Dept:` - 56600_ 02/05/07 54292 1262.03 Parcel Map $ 2,012.50 Lumos &Associates,Inc. 56600 02/26/07 1607 1262-03 Parcel Map $ 961.25 Lumos &Associates, Inc. 56600 03/28/07 1611 1262-03 Parcel Map $ 553.75 Lumos &Associates, Inc. 56600 04/27/07 1612 1262-03 Parcel Map $ 141.25 Lumos &Associates, Inc. 56600 08/07/07 1617 1262-03 Parcel Map $ 190.00 Lumos &Associates, Inc. 56600 11/01/07 1621 1262-03 Parcel Map $ 997.50 Lumos &Associates, Inc. 56600 11/28/07 1624 1262-03 Parcel Map $ 323.75 Lumos &Associates, Inc. 56600 01/11/08 1628 1262-03 Parcel.Map $ 218.75 Lumos &Associates, Inc. 12303 04/18/08 56541 Fish & Game Fee $r 1;876.75- Butte-Deptof•Devlopment-Srvcs-n 123031 04/18/08 56541 Flat Fee APN:039-260-059 $ -3,814.00 Butte Dept of Devlopment Srvcs� 12303 07/10/08 56978 4-C Aguas Frias Parcel Map $ 142.50 Lumos &Associates, Inc. 12303 08/07/08 57111 4-C Aguas Frias Parcel Map/1262.03 $ 279.50 Lumos &Associates, Inc. 55000 08/28/08 57208 Publishing Fee Chico ER $ -158.09 Butte Dept'of Devlopment Srvcs 1 12303 09/05/08 57278 4-C Aguas Frias Parcel Map/1262.03 $ 2,765.00 Lumos &-Associates, Inc. 12303 09/30/08 3301 4-C Aguas Frias Parcel Map/1262.03/Fees $ '702.00 Butte County Health Dept. 12303 10/27/08 3302 4-C Aguas Frias Parcel Map/1262.03 $';7,282.40 Butte Dept of Devlopment Srvcs 12303 10/27/08 57530 4-C Aguas Frias Parcel Map/1262.03 $ 142.50 Lumos &Associates, Inc. 12303 11/20/2008 1648 1262-03 Parcel Map $ 897.50 Lumos &Associates, Inc. 12303 1/26/2009 1657 1262-03 Parcel Map $ 392.50 Lumos &Associates, Inc. 123_03 2/16/2009 1658 1262-03 Parcel Map $ 406.00 Lumos &Associates, Inc. 12303 3/27/2009 1660 1262-03 Parcel Map $ 252.00 Lumos &Associates, Inc. 12303 4/14/2009 1664 1262-03 Parcel Map $ 207.00 Lumos &Associates, Inc. $ 57,670.67 � .... I I Page 2 of 4 I'd like to take the opportunity to address some of your concerns with Butte County's processing of your applications for Williamson Act Cancellation, General Plan Amendment, Rezoning and Tentative Parcel Map on your property on Ord Ferry Road north of Dayton. Some of the important facts are as follows: • Your Williamson Act Cancellation, General Plan Amendment and Rezone applications have been active since 2004. • Your application for a tentative map(TSM08-0007)was submitted on October 27, 2008. This followed your October 15, 2007 Pre-Development Review application (PRED07-0012) regarding your decision to also divide land adjacent to the 2004 applications that is also subject to Williamson Act contract. The addition of a 3-lot project to the existing 2-3 lot parcel map proposal triggered a requirement of state law that the two land division proposals be treated as a single Tentative Subdivision Map (TSM)application. • The application fees paid on this project are: 1. $14,054 GPA-RZ 2. 4,953 CANC 3. 1,836 PRED 4. +7;282 TS $14,05 8f. I ,S�°o major events inh A chronologyof the ado e e is i the processing of our application(s) is also helpful: Y • September 25. 2007 the Board of Supervisors granted the Tentative Immediate Cancellation of the Williamson Act contract for the 2.8 acres on Reiner Road. • October 15, 2007 Pre-Development Review application (PRED07-0012) • October 27, 2008 Tentative Subdivision Map application (TSM08-0007). • December 4 2008 TSM08-0007 application was deemed "complete"for additional processing. However, Public Works believed that it was unlikely that the Board would vacate the Reinemer Road ROW. • December 10,2008, Mr. Mead informed the Department that he was instructing his engineer to redraw the 3- parcel Reinemer Road portion of the TSM into a 2-parcel configuration. • February 3, 2009 Steve Troester cal'ed Jim Mead to get an update on the progress of the re-drawing of the map and was told that the applicant is,researching the Reinemer Road easements to try to hold onto the"- parcel"confirquation. • April 22, 2009, Public works resolves the ROW issues, allowing the"3-parcel"confirguation to proceed. • April 24, 2009 Steve Troester sent update to applicant on general situation of entitlement applications processing within the Department. • April 29, 2009 The applicant's engineer submits a revised, 3-parcel Reinemer Rd. configuration. This chronology shows how, six months after submittal of the TSM application, the.map became complete for additional processing, including CEQA review. Both this Department and I appreciate the significant amount of time and money you have invested in bringing your project to this point. We are committed to completing the processing of your(and all)applications without any unnecessary delays. As indicated in my previous e-mail, the department's current staff resources require us to prioritize the processing of applications based primarily upon their"completeness". I will update you as soon as we have assessed and prioritized our overall project application load, application processing timelines, and our best estimates of when this project will be scheduled for public hearing. Thanks you for your continued patience and cooperation. Steve Troester, Senior Planner Butte County Department of Developmen_Services 6/18/2009 8. 0 TTE COUNT Y PHYLLIs L. MORD___C, DIRECTOR MARK A. LUNDBERG, M.D.,M.P.H., HEALTH OFFICER WWW.BUTTECOUNTY.NET/PU BLICH EALTH ENVIRONMENTAL HEALTH DIVISION PUBLIC HEALTH October 8, 2007 COUNTY OCT 15 20 Dy M0pMJNT Jim Meade gEttvices 9093 Troxel Road Chico, CA 95928 RE: Pre-Application for TSM, Durham-Dayton Hwy and Ord Ferry Road, Dayton, APN's 039-260-060 and 058 Dear Mr. Meade: This office has reviewed your application as indicated above. This pre-application is.a revision to a pre-application for a parcel map received on Jan 17, 2007 which included the division of APN 039-260-060. This revision has added the division of the parcel to the south and across Ord Ferry Road (APN 039-260-058) in creating a proposed project with a total of six parcels. The following is an analysis of the review. Project: Divide the existing 3.17 acres (APN 039-260-060) into (3) 1-acre parcels . and divide the existing 126 acres (APN 039-260-058) into 3 parcels: (2) @ 40+ acres and (1) @ 44+ acres Location: Ord Ferry Road and Durham Dayton Hwy., Dayton Applicant: Jim Meade/Meade Brothers Partnership Engineer: Lumos and Associates Report of Findings: The parcels are flat orchards with loam and clay loam soils, found to be in excess of 7' deep at APN 039-260-060 on 4/20/05. The soils on APN 039-260- 058 are assumed to be similar to those at APN 039-260-060, and the US Department of Agriculture Soil Map for this area confirms that point. No sign of groundwater was noted in the soil profiles and there have been no known groundwater problems at this location. Therefore, winter groundwater monitoring is not required. With an assumed maximum percolation rate of 21-40 mpi., the required Usable Sewage Disposal Area (USDA) is 10,000 square feet, per Appendix VII of the Improvement Standards. Domestic water is to be provided by individual wells; proof of available domestic water is not required. This location is in a Flood Zone X. Comment: There appears to be adequate area to meet the requirements of Appendix VII of the Improvement Standards for both parcels. Note that wells for the 3 parcels pro- posed for APN 039-260-060 must be sited in thoughtful consideration of USDA's. TEL-530.538.7281 1202 MIRA LOMA DRIVE FAx-530.538.5339 OROVILLE,CA 95965 OUR MISSION IS TO PROTECT THE PUBLIC THROUGH PROMOTING INDIVIDUAL, COMMUNITY AND ENVIRONMENTAL HEALTH -� i ii' .. •J 1 •+y° ] -, -r fir. � ����� M ��df; s . Y ��, t rt 1 ... �'�`!if�i r �I i i J PUBLIC HEALTH Conditions: If you were to submit a map in substantial conformance with the map provided in this pre-application, you could expect this Department's support with the following condi- tions: 1. Place a note on the additional sheet that each parcel will be served by a septic system for the disposal of liquid wastes, each to be installed under permit issued by BCEH. 2. Place a note on the additional sheet that each parcel will be served by an indi- vidual well, each to be installed under permit issued by BCEH, or approved by BCEH for existing uncertified wells. 3. Indicate a well site with a 100' radius no-leach-area on each of the new parcels on APN 039-260-060. 4. Show on the additional sheet the designated area in each new parcel on APN 039-260-060 that meets the USDA. 5. Indicate a 100' radius no-leach-area on all wells inside of the two parcels and within 100' of the two parcels. This review should not be construed as a blanket approval of your project since partici- pation in the County Parcel creation process may change the project due to other agency requirements. When you do apply for your map at the Planning Department, the remainder of your fee for Environmental Health services will be $1361.20. However, you must have your Pre-Application Review receipts from each of the two pre- applications available at the time you make application. This letter concludes this Department's review of your pre-application. If you have any questions, please contact me at this office between 8:00 a.m. and 10:00 a.m., Monday through Friday. Sincerely, Tom Loushine, R.E.H.S. Division of Environmental Health cc: Planning Division, Steve Troester Lumos and Associates, Gavin Leiper T:\USErsShared\Loushine\land\preappIresponses\DurhamDaytonOrdFerryRoadMeade2.doc Mead Orchards/Environmental Health Issues Page 1 of 2 N Troester, Steve From: Gavin Leiper[gleiper@lumosengineering.com] Sent: Thursday, July 31, 2008 2:46 PM To: Troester, Steve Subject: RE: Mead Orchards/Environmental Health Issues Steve, Thank you for forwarding me the disclosure statement. I apologize if I misunderstood what we discussed on the phone the other day. The intention of my e-mail was not to have Planning intervene with Environmental Health matters, but rather keep Planning and Environmental Health abreast with the issues associated with the project. I'm just trying keep everybody up to speed so there are no surprises when it is time to submit the map. I will work with Tom to resolve this. Thank You, Gavin From: Troester, Steve [mailto:Stroester@buttecounty.net] Sent: Thursday, July 31, 2008 2:19 PM To: Gavin Leiper Cc: Loushine, Tom; Fogel, Doug Subject: RE: Mead Orchards/Environmental Health Issues Gavin, If you have confusions regarding an Environmental Health (EHS) issue, please contact them directly and talk it out with them. Tom's number is 538-5319. It is not productive for our department to intervene in Environmental Health fee matters. They are a fully independent division of the Department of the Public Health Department. Second, you thought: "We were going to be able to waive the pre-app. process for the three 40ac. plus/minus parcels because there are no proposed buildings or septic tanks." Butte County's practice is that we do not create parcels that are not ultimately entitled to be developed. Sometimes parcels which are created on Williamson Act(LCA) land are conditioned to restrict development until the LCA contract is fully expired. In the case of an A-40 parcel, this means one single-family home per parcel. So yes, Environmental Health has to review and comment on the ability of each parcel to meet septic and well per their requirements. As I explained before, an applicant is able to submit an application for a development entitlement prior to an EHS review and pre-application clearance by signing a waiver form, available at EHS (once again, please call them directly), in which the applicant takes full responsibility for the fact that they are(at their own risk)submitting an application for land use entitlement in advance of having paid for and received EHS clearance. The EHS form is called: Disclosure Statement, Concurrent Land Project Review. It is not a waiver of the need for EHS to fully review the site. Attached please find a copy of that form here attached. Please contact Tom Loushine directly and work all this all out with him. Steve Troester From: Gavin Leiper [mailto:gleiper@lumosengineering.com] Sent: Thursday, July 31, 2008 11:43 AM To: Troester, Steve 7/31/2008 Mead Orchards/Environmental Health Issues Page 2 of 2 'Y Cc: Wesley Gilbert Subject: Mead Orchards/Environmental Health Issues Hi Steve, Yesterday I received a voice mail from Tom Loushine requesting that the new map, with the additional parcels shown, be submitted to Environmental Health for another pre-application review. He also mentioned something about an additional $1127.20 be required. First of all, I'm a little confused as to where he got this number. I though a pre-application review was on the order of$659? Second of all, I thought we were going to be able to waive the pre-app. process for the three 40ac. plus/minus parcels because there are no proposed buildings or septic tanks. (As I side note, I wasn't able to find the waiver form you were talking about; did you have any luck?). I don't have Tom's e-mail, but I would like to start an e-mail chain between the three of us so that we are all talking apples and apples and work to resolve this issue. If you could help facilitate this I would greatly appreciate it. Thanks, Gavin Leiper, E.I.T. Project Designer Lumos &Associates, Inc. 3259 Esplanade, Suite 102 Chico, CA 95973 Tel: 530.899.9503 Fax: 530.899.9649 gleiper@lumosengineering.com 7/31/2008 Troester, Steve From: Loushine, Tom Sent: Tuesday, July 29, 2008 8:42 AM To: Troester, Steve Cc: Fogel, Doug; Jolliffe, Stacey Subject: RE: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3) 1+ acre parcels Hi Steve I rec'd your phone msg. re. this project. Our position is that they will be charged the additional fee for adding 2 more parcels to the project. We will review the revision and update the Oct 07 pre-app letter to include all parcels. Have they presented a revised map yet or are they expecting a call from me? Tv�c�vus�iis�e, REHS Division of Environmental Health 530.538-5319 Fax 530.538-5339 From: Loushine,Tom Sent: Wednesday, July 23, 2008 1:17 PM To: Troester, Steve Cc: Fogel, Doug; Jolliffe, Stacey Subject: RE: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3) 1+ acre parcels Steve I did not receive a new map; this came as an inquiry. I understand that the referenced parcel is the 40 acres across Dayton Road, as shown on the original map, though that parcel was not included in the application. I will notify the engineer, Gabe from Lumos Engineering, to contact you. 7v1yc.Gvusliirze, REHS Division of Environmental Health 530.538-5319 Fax 530.538-5339 From: Troester, Steve Sent: Wednesday, July 23, 2008 11:25 AM To: Troester, Steve; Loushine,Tom Cc: Fogel, Doug; Jolliffe, Stacey Subject: RE: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3) 1+ acre parcels Tom & Doug, I f<< File: EHS Comment GPA-REZ 04N-04_6-21-04.pdf>> << File: EH Comments_2-112-07.rtf>> orgot to attach some documents. Here they are. Steve From: Troester, Steve Sent: Wednesday, July 23, 2008 11:17 AM To: Loushine,Tom Cc: Fogel, Doug; Jolliffe, Stacey Subject: RE: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3) 1+ acre parcels Hi Tom & Doug, 1 We have yet to hear anything for this owner about adding another parcel into his conceptual plans. So we're out of the loop on his intentions. Out of curiosity, could you shoot us a scan of the conceptual map that his engineer gave you? PRIED 04-07 (to divide 3.17 acres into (3) 1+ acre parcels << File: Durham Dayton Nelson Planning Area Policies.pdf>> ) was completed in 12/200 << File: wrapup letter_12-1-2003.pdf>> 3 (see attached summary). This conceptual TPM (PRED 04-07) is integrally dependent on approval of GPA/REZ 04N-04 (OFC to LDR/A-40 to SR-1). Attached is an e-mail string of EHS comments. Consideration and comments regarding this parcel and other parcels in this area by EHS should also include an EHS determination on the proposed project's conformance with the D2N Plan polices summarized as follows (full copy of D2N policies here attached): Policies of the Durham Dayton Nelson Plan (D2N) are also if effect for this area. The D2N Urban Reserve Policy statement indicates that any proposal for a General Plan Amendment or Rezone that would permit parcels of less than 3-acres to be created for residential use shall be coordinated with all public agencies which provide utility and public services for extension of water, sewer, circulation, and drainage. Generally from our perspective, if the owner is adding another parcel to the conceptual project(previously looked at under a PRIED)and if they wish formal comments from the County, that would constitute a new PRIED application with new application fee to be paid ($1,880.60). All departments spent considerable time on providing review and comments on the PRED 07-0012 submittal. The current PRIED application fee that we collect($1,880.60) includes$153.40 that goes to EHS for your review and comments. I am assuming that the letter of comment that you prepared probably"used-up"the $153.40 that was charged under PRIED 07-0012? That is a determination that EHS must make. I believe (but only EHS knows for sure)that the EHS fee for a"parcel map" EHS clearance letter(vs. a PRIED comment)would have been more than $153.40. If an owner pursues a TPM or TSM application regarding this land, wouldn't EHS assess the appropriate fee for EHS clearance? Once again, this is a matter for EHS to determine internally. In our approach, the PRIED process is an "initial, informal consultation" process. Some PRIED applicants might perceive the PRIED process as an open-ended, ongoing consultation session with Country departments, which it is not intended to be. The PRIED application is a means for owners with conceptual/speculative plans to get informal review and comments from County departments that would eventually be involved in "formally" reviewing formal project applications. This is why we always encourage PRIED applicants to provide as much detailed information as possible, so that they get the most out of the one-time consultation process. I hope that these thoughts help you in your process. Steve Troester, Senior Planner From: Loushine,Tom Sent: Tuesday, July 22, 2008 2:53 PM To: Troester, Steve Cc: Fogel, Doug Subject: FW: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3) 1+ acre parcels Hi Steve I just received a call from the engineer on this project. Based on my first e-mail, can we just revise the pre-app fee and map such that I could write an addendum to my original pre-app letter? TvI�c.Gvus�iiyte, REHS Division of Environmental Health 530.538-5319 Fax 530.538-5339 From: Loushine,Tom Sent: Monday, July 14, 2008 1:01 PM To: Troester, Steve Subject: RE: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3) 1+ acre parcels Hi Steve 2 fiere is the pre-app response letter written October 8, 2007. The application project description stated: "Divide 3.17 acres into (3) 1-acre parcels" (all of which are north of Dayton Hwy). Adding the parcel to the south appears acceptable for my review, but was not included in the pre-app. Tvin.Gvuslii�e, REHS <<File: DurhamDaytonOrdFerryRdMeade.doc>> Division of Environmental Health 530.538-5319 Fax 530.538-5339 From: Troester, Steve Sent: Monday, July 14, 2008 11:51 AM To: Loushine, Tom Subject: RE: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3)_1+ acre parcels Hi Tom, In looking at the PRIED file, I do not see an EHS response letter. If you could forward that to me I'd appreciate it. The IDR meeting on this PRIED was held on Nov. 14, 2007. The comment written down on my notes says, "no identified problems with septic or water, use profile from north of Ord Ferry Rd.". Attached is the conceptual TPM that the applicant submitted for review. All departments spent considerable time on providing review and comments on this submittal. If the applicant is not adding another parcel to the conceptual project, that would constitute a new PRIED (with new fee), if they wish formal comments from the County. The current PRIED application fee that we collect($1,880.60) includes$153.40 that goes to EHS for your review and comments. «File: mead-conceptual-map_12-18-07.pdf>> Does this answer your question? Steve From: Loushine, Tom Sent: Thursday, July 10, 2008 1:18 PM To: Troester, Steve Subject: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3) 1+ acre parcels Hi Steve The above project pre-app response letter was written Oct 8, 2007. 1 have received a call from the engineer asking about adding the 40 acre parcel across Durham Dayton Hwy to the map. Have they yet made the application to DDS for the 3 parcels? If so, this would appear to be a new project. If not, we could add it to the pre-app, with receiving an updated pre-app map, and just add the appropriate fee for 1 extra parcel, and send out a revised pre-app letter. With different fee charts applicable back then and now may add a complexity to figuring it. Thanks for any information. TOjn.GONS`LZ1ze, REHS Division of Environmental Health 530.538-5319 Fax 530.538-5339 3 ct/� f-/ r 3 F. . � � .. • Troester, Steve From: Loushine, Tom Sent: Wednesday, July 23, 2008 1:19 PM To: Troester, Steve Subject: FW: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3) 1+ acre parcels Correction Steve. The engineer's name is : Gavin-not Gabe. Tarn From: Loushine,Tom Sent: Wednesday, July 23, 2008 1:17 PM To: Troester, Steve Cc: Fogel, Doug; Jolliffe, Stacey Subject: RE: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3) 1+ acre parcels Steve I did not receive a new map; this came as an inquiry. I understand that the referenced parcel is the 40 acres across Dayton Road, as shown on the original map, though that parcel was not included in the application. I will notify the engineer, Gabe from Lumos Engineering, to contact you. 7o-x ZaL.(,4x1ze, REHS Division of Environmental Health 530.538-5319 Fax 530.538-5339 From: Troester, Steve Sent: Wednesday, July 23, 2008 11:25 AM To: Troester, Steve; Loushine,Tom Cc: Fogel, Doug; Jolliffe, Stacey Subject: RE: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3) 1+ acre parcels Tom & Doug, I f<< File: EHS Comment GPA-REZ 04N-04_6-21-04.pdf>> << File: EH Comments_2-112-07.rtf>> orgot to attach some documents. Here they are. Steve From: Troester, Steve Sent: Wednesday, July 23, 2008 11:17 AM To: Loushine,Tom Cc: Fogel, Doug; Jolliffe, Stacey Subject: RE: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3) 1+ acre parcels Hi Tom & Doug, We have yet to hear anything for this owner about adding another parcel into his conceptual plans. So we're out of the loop on his intentions. Out of curiosity, could you shoot us a scan of the conceptual map that his engineer gave you? PRED 04-07 (to divide 3.17 acres into (3) 1+ acre parcels << File: Durham Dayton Nelson Planning Area Policies.pdf>> ) was completed in 121200 << File: wrapup letter_12-1-2003.pdf>> 3 (see attached summary). This conceptual TPM 1 (PRED 04-07) is integrally dependent on approval of GPA/REZ 04N-04 (OFC to LDR/A-40 to SR-1). Attached is an e-mail string of EHS comments. Consideration and comments regarding this parcel and other parcels in this area by EHS should also include an EHS determination on the proposed project's conformance with the D2N Plan polices summarized as follows (full copy of D2N policies here attached;: Policies of the Durham Dayton Nelson Plan (D2N) are also if effect for this area. The D2N Urban Reserve Policy statement indicates that any proposal for a General Plan Amendment or Rezone that would permit parcels of less than 3-acres to be created for residential use shall be coordinated with all public agencies which provide utility and public services for extension of water, sewer, circulation, and drainage. Generally from our perspective, if the owner is adding another parcel to the conceptual project(previously looked at under a PRED) and if they wish formal comments from the County, that would constitute a new PRED application with new application fee to be paid ($1,880.60). All departments spent considerable time on providing review and comments on the PRED 07-0012 submittal. The current PRED application fee that we collect($1,880.60) includes$153.40 that goes to EHS for your review and comments. I am assuming that the letter of comment that you prepared probably"used-up"the $153.40 that was charged under PRED 07-0012? That is a determination that EHS must make. I believe (but only EHS knows for sure) that the EHS fee for a"parcel map" EHS clearance letter(vs. a PRED comment)would have been more than $153.40. If an owner pursues a TPM or TSM application regarding this land, wouldn't EHS assess the appropriate fee for EHS clearance? Once again, this is a matter for EHS to determine internally. In our approach, the PRED process is an "initial, informal consultation" process. Some PRED applicants might perceive the PRED process as an open-ended, ongoing consultation session with Country departments, which it is not intended to be. The PRED application is a means for owners with conceptual/speculative plans to get informal review and comments from County departments that would eventually be involved in "formally" reviewing formal project applications. This is why we always encourage PRED applicants to provide as much detailed information as possible, so that they get the most out of the one-time consultation process. I hope that these thoughts help you in your process. Steve Troester, Senior Planner From: Loushine,Tom Sent: Tuesday, July 22, 2008 2:53 PM To: Troester, Steve Cc: Fogel, Doug Subject: FW: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3) 1+ acre parcels Hi Steve I just received a call from the engineer on this project. Based on my first e-mail, can we just revise the pre-app fee and map such that I could write an addendum to my original pre-app letter? Tvyn.Gvusliihe, REHS Division of Environmental Health 530.538-5319 Fax 530.538-5339 From: Loushine, Tom Sent: Monday, July 14, 2008 1:01 PM To: Troester, Steve Subject: RE: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3) 1+ acre parcels Hi Steve Here is the pre-app response letter written October 8, 2007. The application project description stated: "Divide 3.17 acres into (3) 1-acre parcels" (all of which are north of Dayton Hwy). Adding the parcel to the south appears acceptable for my review, but was not included in the pre-app. 2 7o'w ZOW4is e, REHS <<File: DurhamDaytonOrdFerryRdMeade.doc>> Division of Environmental Health 530.538-5319 Fax 530.538-5339 From: Troester, Steve Sent: Monday, July 14, 2008 11:51 AM To: Loushine, Tom Subject: RE: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3) 1+ acre parcels Hi Tom, In looking at the PRIED file, I do not see an EHS response letter. If you could forward that to me I'd appreciate it. The IDR meeting on this PRIED was held on Nov. 14, 2007. The comment written down on my notes says, "no identified problems with septic or water, use profile from north of Ord Ferry Rd.". Attached is the conceptual TPM that the applicant submitted for review. All departments spent considerable time on providing review and comments on this submittal. If the applicant is not adding another parcel to the conceptual project, that would constitute a new PRED (with new fee), if they wish formal comments from the County. The current PRIED application fee that we collect($1,880.60) includes$153.40 that goes to EHS for your review and comments. «File: mead-conceptual-map_12-18-07.pdf>> Does this answer your.question? Steve From: Loushine, Tom Sent: Thursday, July 10, 2008 1:18 PM To: Troester, Steve Subject: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3) 1+ acre parcels Hi Steve The above project pre-app response letter was written Oct 8, 2007. 1 have received a call from the engineer asking about adding the 40 acre parcel across Durham Dayton Hwy to the map. Have they yet made the application to DDS for the 3 parcels? If so, this would appear to be a new project. If not, we could add it to the pre-app, with receiving an updated pre-app map, and just add the appropriate fee for 1 extra parcel, and send out a revised pre-app letter. With different fee charts applicable back then and now may add a complexity to figuring it. Thanks for any information. Talyt.GaNl�iille, RENS Division of Environmental Health 530.538-5319 Fax 530.538-5339 3 Butte County D1 artment of Development : vices QTr TIM SNELLINGS,DIRECTO'__, _ ETE CALARCO,ASSISTANT DIRECTOR 0 �0 0 0 7 County Center Drive 0 0 Oroville, CA 95965 0 - .__ - 0 (530)538-7601 Telephone 0 �� -s 0 (530) 538-7785 Facsimile COUN�y October 26,2007 To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Mead Brothers,PRED07-0012 Planner: Steve Troester APN: 039-260-058 Location: Landowner requests conceptual review of division of an existing 127-acre parcel in orchard production into two 40-acre and one 47-acre parcels. The land is subject to Williamson Act contract. The owner is willing to have a condition placed on such a map that would prohibit-any residential development(one residence per a-40 parcel)until the Williamson Act contract expires. The Williamson Act contract is self-renewing for a minimum of 10-years. Upon notice of contract non-renewal from the owner the land would still be subject to 10 years of contract restrictions. Site is located at the southwest corner of Augas Frias Rd and Durham Dayton HWY,adjacent to the east side of the town of Dayton. 30-Day Complete 11/14/2007 Date of IDR 11/7/2007 This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, LAFCo,Agricultural Commission, Public Works, Assessor, and CDF. All Environmental Health correspondence is routed through Karen Frederick at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on November 7;;.2007 Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting, regarding completeness of application. What is needed to make the application complete? ❑ YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. PLEASE SEND YOUR RESPONSE TO: stroester@buttecounty.net Signature: Department: Date: UPlanning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 Butte County Department of Development Services 0 TrF0 TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o ` 0 � Oroville, CA 95965 0 --- :-=�''` o (530) 538-7601 Telephone �+ - •� (530) 538-7785 Facsimile OUN� www.buttecounty.net/dds ADMINISTRATIONBUILDING' PLANNING October-26,1P07,1 TO: FILE COPY FROM: Steve Troester,Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Mead Brothers,PRED07-0012 APN: 039-260-058 DATE OF Inter-Departmental Review: November 7,2007 IDR RESPONSE REGARDING November 5,2007 COMPLETENESS OF APPLICATION DUE BY: AGENCY/DEPARTMENT November 26,2007 CONDITIONS/MITIGATION MEASURES DUE BY: The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter-Departmental Review (IDR) Committee meeting on November 7, 2007, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Landowner requests conceptual review of division of an exsiting 127-acre parcel in orchard production into two 40-acre and one 47-acre parcels. The land is subject to Williamson Act contract. The owner is willing to have a condition placed on such a map that would prohibit any residential development (one residence per a-40 parcel) until the Williamson Act contract expires. The Williamson Act contract is self-renewing for a minimum of 10-years. Upon notice of contract non-renewal from the owner the land would still be subject to 10 years of contract restrictions. Site is located at the southwest corner of Augas Frias Rd and Durham Dayton HWY, adjacent to the east side of the town of Dayton. COUNTY SUPERVISOR DISTRICT NO.: 4 ZONING: A-40 (Agricultural, forty-acre parcels), GENERAL PLAN: OFC If a response cannot be submitted prior to the due dates listed above, please call Steve Troester at 538-7153 or send him an email at stroestergbuttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. Please return response to project planner. IDR COMMITTEE—APPLICATION COMPLETE ❑ No Name: Date: ❑ Yes Name: Date: GIPROJECTS\Trakit Merge Documents\REQUEST FOR COMMENTS.doc r "DRAFT"LEAD IN SHEET PROJECT NUMBER: R✓ t--o ' �O�AP#(s): D�� `�' Z 60 0 APPLICANT: OWNER(S): REPRESENTATIVE: PROPOSED REQUEST: (by counter planner) FINAL REQUEST: (by project planner) L)Le C C LOCATION: (by counter planner) FINAL LOCATION: (by project planner) EXISTING ZONING: GENERAL PLAN DESIGNATION: SIZE: cGeS SUPERVISORIAL DISTRICT#: DATE RECEIVED: COUNTER PLANNER'S INITIALS: ASSIGNED PLANNER: Date Project Assi ed: �� !! o /it D IDR Date: A/Dy 7,60 30 Day Complete: Tentative Hearing Date: 1 COMMENT DISTRIBUTION LIST Project Number: 0 �� Z County Offices and Cities: Pla_nning Division X_ -Assessor's-Office-Mapping l — BCAG X _ Environmental Health _ City of Biggs — ALUC Building Manager _ City, of Chico _ APCD X LAFCo j City of Gridley _ Butte Co. Farm Bureau ( X _ Agricultural Commission i City of Oroville Chico Airport Commission X Public works/Land Dev )_ Town of Paradise _ Chief Administrative Officer County Counsel Fire Protection: X _ __California Department of Forestry l _ El Medio Fire Protection District Domestic Water: S.F.W&P.Agency(OWID) — Butte Water District _ Del Oro Water Co. California Water Service Co. — Thermalito Irrigation District _ Other Utilities: PG&E North-Chico _ Pacific Bell _ Chambers Cable TV PG&E South-Oroville Viacom Cable TV Irrigation District: Biggs/West Gridley Water — Durham Irrigation Dist. _ Paradise Irrigation Dist. Richvale Irrigation Dist. _ Table Mountain Irrigation Dist Sewer: L.O.A.P.U.D. — Staling City Sewer Main _ Skansen Subdivision(CSA 21) Drainage Districts: Sacramento&San Joaquin Drainage Dist _ Reclamation District No. 833 Drainage District 200 _ Reclamation District No.2054 Reclamation District No.2056 State Agencies: CalTrans _ Dept. of Water Resources — Dept.of Fish and Game Federal Agencies: U.S.Forest Service _ U.S.Bureau of Land Management Other Districts,Agencies,Committees,etc.: �- �� � � � � � - �Q �� � w PK�o c�-r�.�C�' dd r BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE PARCEL MAP APPLICANT: Mead Brothers DATE: 10/15/2007 AGENT: Lumos &Associates APN: 039-260-058 FILE #: PRED07-0012 PLANNER: Steve Troester PROJECT DESCRIPTION: Landowner requests conceptual review of division of an existing 127-acre parcel in orchard production into two 40-acre and one 47-acre parcels. The land is subject to Williamson Act contract. The owner is willing to have a condition placed on such a map that would prohibit any residential development (one residence per a-40 parcel) until the Williamson Act contract expires. The Williamson Act contract is self- renewing for a minimum of 10-years. Upon notice of contract non-renewal from the owner the land would still be subject to 10 years of contract restrictions. Site is located at the southwest corner of Augas Frias Rd and Durham Dayton HWY, adjacent to the east side of the town of Dayton. Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ❑ 1. Prior to or concurrently with the recordation of the Final Map, provide a fully executed road maintenance agreement for all non-publicly maintained access roads on the County approved form. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Final.Map stating: "In accordance with Civil Code Section 845, maintenance of the road.as shown hereon shall be shared by those properties with a legal interest in it." ❑ 2. All access rights shall be reserved by deed per County Ordinance, offered for dedication, and depicted on the Final Map. Place the following note on the Final Map: "approved road name is a non-exclusive easement for ingress, egress, road and public services purposes, to be reserved in deeds and is hereby offered for dedication to the County of Butte." ❑ 3. Prior to the recordation of the Final Map, demonstrate to the Department of Public Works that there is approved access conforming to County Code to each parcel from a publicly maintained road. ® 4. Prior to or concurrently with the recordation of the Final Map, Deed to Butte County in fee simple 40 feet of right-of-way from the centerline of Aguas Frias Road along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. ® 5. Prior to or concurrently with the recordation of the Final Map,relinquish abutter's rights of access to Butte County along the Aguas Frias Road, Durham Dayton Highway and Ord Ferry Road frontages of parcels A,B,and C,except at approved access points. ❑ 6. Prior to recordation of the Final Map, provide street name signs per requirements of the Department of Public Works. Street names shall be reviewed by the County Address Coordinator and one name for each new street shall be recommended to the Board of Supervisors for approval prior to recordation of the Final Map. A minimum of five alternate names for each new street shall be submitted. ❑ 7. Prior to final road inspection, install all necessary traffic safety signs including stop signs. For all non-publicly maintained access roads, a note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Final Map stating: "No v' public entity shall be responsible for the maintenance of the traffic safety signs including stop signs. In accordance with Civil Code Section 845,maintenance of the traffic safety signs shall be shared by those properties with a legal interest in them." ® 8. Prior to recordation of the Final Map, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. ❑ 9. Prior to the recordation of the Final Map,obtain an encroachment permit and construct a standard S- 181 road approach in accordance with County Improvement Standards. Adequate sight distance at the intersection of access road and I shall be provided. Right-of-way required for construction of road approach and roadside drainage shall be provided. ❑ 10. Provide a cul-de-sac designed and constructed as specified in the County Improvement Standards. The Final Map shall show the cul-de-sac. ® 11. Prior to the recordation of the Final map, construct or provide a performance bond and labor and material bond for the construction of a 1/2+12' street section on Aguas Frias Road, Durham Dayton Highway and Ord Ferry Road to an RS-3A geometric standard. Minimum structural section to be 5" AC, 14" AB, prime coat, fog seal and 95 % relative compaction. Submit design to Land Development Division for approval prior to construction. "R" value determination and other data may be required to support the section design. ❑ 12. Prior to the recordation of the Final map, construct or provide a performance bond and labor and material bond for the construction of a ''/z+ 12' /full street section on I to an RS-1 road standard with curb, gutter, and sidewalk, I" AC, I" AB, prime coat, fog seal and 95 % relative compaction. Construct a'/2+ 12' /full street section on I to an RS-1 road standard with I curb,gutter, and sidewalk, " AC, 1" AB, prime coat, fog seal and 95 % relative compaction. Submit design to Land Development Division for approval prior to construction. "R" value determination and other data may be required to support the section design. Form a Zone of Benefit or other approved maintenance entity within the county's Permanent Road Division for operation and maintenance of interior street and storm drain facilities. ❑ 13. Prior to recordation of the Parcel Map, provide approved access to each parcel from a County maintained road or from a state highway. Improve parcel I frontage to RS-1 LD-1 and access road to parcel being divided to RS-1 LD-1 County Improvement Standards. (If the parcels being created are 5 acres or less in gross area, submit road and drainage plans to the Department of Public Works for plan checking and approval prior to construction). ❑ 14. Prior to recordation of the Parcel Map, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on I to ' County Improvement Standards. Improve parcel I frontage to a ''/z+ 12' /full street section on I to an RS-1 road standard including, but not limited to curb, gutter and sidewalk for parcels with gross acreage of one acre or less. Construct or provide a performance bond and labor and material bond for the construction prior to recordation of the Parcel Map. ❑ 15. Street lighting shall be provided in accordance with Butte County requirements,accepted design criteria, and recommendations of Pacific Gas&Electric Company. Where the County has determined that it is not detrimental to health and safety,the developer may choose to only install electrical outlets for streetlights. If streetlights are to be installed,the annual energy costs shall be funded through a County Service Area(CSA),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. ❑ 16. Construct access to lot I per Butte County Code 20-136. Submit design to the Department of Public Works for review and approval prior to construction. 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 access road as shown hereon shall be shared by those properties with a legal interest in it." ❑ 17. Prior to recordation of the Final Map, construct or provide a performance bond and labor and material bond for the construction of a landscaping strip within the public right-of-way adjacent to parcels 1. Submit design to Land Development Division for approval prior to construction. The Developer must complete the formation of a County Service Area(CSA), Zone of Benefit within a Permanent Road Division(PRD),or other Department of Public Works approved maintenance entity for landscaping 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 for the maintenance entity and agree to an annual maximum service charge to ensure continued maintenance of the facilities. B. DRAINAGE ❑ 1. Prior to recordation of the Final Map,a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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 Butte County Standard S-40. ❑ 3. Prior to recordation of the Final Map, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-25. Show on the additional map sheet the elevations(by contours) and the location of an accepted NGVD29 (National Geodetic Vertical Datum of 1929)benchmark and a temporary benchmark on-site. ❑ 4. Prior to, or concurrently with the recordation of the Final Map, pay the applicable drainage fees in effect at the time of recordation of the Final Map for the I drainage area. (The current fee is now $ /acre.) ® 5. Prior to grading, a Construction Storm Water Permit will be required by the State Water Resources Control Board if the project results in a disturbance (including clearing, excavation, filling, and grading)of one or more acres. The Permit must be obtained from the State Water Resources Control Board prior to construction. If a Construction Storm Water Permit is required, place a note on an additional map sheet that states: "The development of this Final Map required a construction storm water permit. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. Development of individual lots may require an additional permit(s)." C. FINAL MAP ® 1. Show all easements of record on the Final Map. ® 2. Prior to or concurrently with the recordation of the Final Map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7,of the California Government Code commencing with Section 66492. ® 3. Pay the recording fees in effect at the time the Final Map and related documents are recorded. ❑ 4. Prior to or concurrently with the recordation of the Final Map, pay all applicable assessments established by affected assessment districts,in full. ❑ 5. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet of t---ie Final Map regarding 1. ❑ 6. Prior to recordation of the Final Map, a preliminary soils report or acceptable soils waiver letter prepared by a California registered civil engineer and based upon adequate testing shall be submitted to the Department of Public Works for review and approval. Troester, Steve From: Loushine, Tom Sent: Monday, July 14, 2008 1:01 PM To: Troester, Steve Subject: RE: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3) 1+ acre parcels Attachments: Durham DaytonOrdFerryRdMeade.doc Hi Steve Here is the pre-app response letter written October 8, 2007. The application project description stated: "Divide 3.17 acres into (3) 1-acre parcels" (all of which are north of Dayton Hwy). Adding the parcel to the south appears acceptable for my review, but was not included in the pre-app. Tv1n.Gvus�iiyte, REHS DurhamDaytonOrdF erryRdMeade.do... Division of Environmental Health 530.538-5319 Fax 530.538-5339 From: Troester, Steve Sent: Monday, July 14, 2008 11:51 AM To: Loushine, Tom Subject: RE: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3) 1+ acre parcels Hi Tom, In looking at the PRED file, I do not see an EHS response letter. If you could forward that to me I'd appreciate it. The IDR meeting on this PRED was held on Nov. 14, 2007. The comment written down on my notes says, "no identified problems with septic or water, use profile from north of Crd Ferry Rd.". Attached is the conceptual TPM that the applicant submitted for review. All departments spent considerable time on providing review and comments on this submittal. If the applicant is not adding another parcel to the conceptual project, that would constitute a new PRED (with new fee), if they wish formal comments from the County. The current PRED application fee that we collect($1,880.60) includes $153.40 that goes to EHS for your review and comments. <<File: mead-conceptual-map_12-18-07.pdf>> Does this answer your question? Steve From: Loushine, Tom Sent: Thursday, July 10, 2008 1:18 PM To: Troester, Steve Subject: Jim Meade 039-260-060 Pre-app to divide 3.17 acres into (3) 1+ acre parcels Hi Steve The above project pre-app response letter was written Oct 8, 2007. 1 have received a call from the engineer asking about 1 adding the 40 acre parcel across Durham Oayon Hwy to the map. Have they yet made the application to DDS for the 3 parcels? If so, this would appear to be a new project. If not, we could add it to the pre-app, with receiving an updated pre-app map, and just add the appropriate fee for 1 extra parcel, and send out a revised pre-app letter. With different fee charts applicable back then and now may add a complexity to figuring it. Thanks for any information. TO�t�ONfliZf-18, REHS Division of Environmental Health 530.538-5319 Fax 530.538-5339 i BUTTE COUNTY PUIBLIc HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 202 MIRA LoMA DRIVE OROVILLE,CA 95965 TEL:(530)538-7281 FAX: (530)538-5339 WWW.BUMCOUNTY.NE,r/PUBLICHEALTH October 8, 2007 Jim Meade 9093 Troxel Road Chico, CA 95928 RE: Pre-Application for TPM,Durham-Dayton Hwy and Ord Ferry Road, Dayton, AP# 039-260-060 Dear Mr. Meade: This office has reviewed your application as indicated above. The following is an analysis of that review. Project: Divide the existing 3.17 acres into (3) 1-acre parcels Location: Ord Ferry Road and Durham Dayton Hwy., Dayton Applicant: Jim Meade Engineer: Lumos and Associates Report of Findings: The parcel is a flat orchard with loam and clay loam soils, found to be in excess of 7' deep on 4/20/05. No sign of groundwater was noted in the soil profiles and winter groundwater monitoring is not required. With an assumed percolation rate of 21-40 mpi., the required Usable Sewage Disposal Area(USDA) is 10,000 square feet, per Appendix VII of the Improvement Standards. Domestic water is to be provided by individual wells; proof of water is not required. This location is in a Flood Zone X. Comment: There appears to be adequate area to meet the requirements of Appendix VII of the Improvement Standards, if wells are thoughtfully sited. Conditions: If you were to submit a map with the above comment resolved, you could expect this Department's support with the following conditions: 1. Place a note on the additional sheet that each parcel will be served by a septic system for the disposal of liquid wastes, each to be installed under permit issued by BCEH. 2. Place a note on the additional sheet that each parcel will be served by an individual well, each to be installed under permit issued by BCEH. 3. Indicate a well site with a 100' radius no-leach-area on each of the new parcels. 4. Show on the additional sheet the area in each parcel that meets the USDA. This review should not be construed as a blanket approval of your project since participation in the County Parcel Map process may change the project due to other agency requirements. When you do apply for your map at the Planning Department,the remainder of your fee for Environmental Health services will be $659.00. However, you must have your Pre-Application Review receipt available at the time you make application. This letter concludes this Department's review of your pre-application. If you have any questions, please contact the Chico office listed above between 8:00 a.m. and 9:00 a.m., Monday through Friday. Sincerely, Tom Loushine, R.E.H.S. Division of Environmental Health TL/kg/land/preapp lresponse/DurhamDaytonOtdFerryRdMeade cc: Planning Division Lumos and Associates Page 1 of 2 Troester, Steve From: Lagomarsino, Adele [Adele.Lagomarsino@conservation.ca.gov] Sent: Monday, February 04, 2008 9:15 AM To: Troester, Steve Subject: FW: "Mead" Conceptual Map Review Good Morning Steve, Here was the response....did you want a letter?? Section 66474.4 applies to the map. The Board needs to find that each of the resulting parcels can sustain a commercial ag use and there's no resulting residential subdivision. Looks like you have it covered. From: Lagomarsino, Adele Sent: Thursday, January 03, 2008 3:29 PM To: Troester, Steve' Subject: RE: "Mead" Conceptual Map Review Happy New Year to you Steve, The Dept. refers to it as a "no build" provision during the term of the contract. Looks ok, adele. From: Troester, Steve [mailto:Stroester@ butte county.net] Sent: Friday, December 21, 2007 7:57 AM To: Lagomarsino, Adele Subject: "Mead" Conceptual Map Review Hi Adele, I'm sending you this conceptual map for review and comment. I think we've covered all bases by requiring that a condition be laced on such a map that would prohibit any residential development until the Williamson Act contract might expire. Hope your holidays are enjoyable. FILE NO.: PRED07-0012 PROJECT TYPE: PREDEVELOPMENT REVIEW APN: 039-260-058 APPLICANT: Mead Brothers ADDRESS: 9093 Troxel Road, Chico, CA, «APPLICANT STATE»95928 PHONE: 5308958424 OWNER: MEAD, HARRY G TESTAMENTARY ADDRESS: 9093 TROXEL RD, CHICO, CA, 95928 REPRESENTATIVE: Lumos & Associates ADDRESS: 3259 Esplanade Suite 102, Chico, CA, 95973 PROJECT DESCRIPTION: Landowner requests conceptual review of division of an existing 127-acre parcel in orchard production into two 40-acre and one 47-acre parcels. The land is subject to a 40-acre minimum Williamson Act contract. The owner is willing to have a condition placed on such a map that would prohibit any residential development(one residence per a-40 parcel)until the Williamson Act contract expires. The Williamson Act contract is self-renewing for a minimum of 10-years. Upon notice of contract 2/4/2008 Page 1 of 2 Troester, Steve From: Troester, Steve Sent: Friday, February 01, 2008 2:22 PM To: 'Lagomarsino, Adele' Subject: "Mead"Conceptual Map Review Hi Adele, I'm just following up on the request for conceptual review of the map as requested below. Perhaps you already responded and I've misplaced it? Thanks much! Steve Troester, Senior Planner Butte County Dept. of Development Services #7 County Center Drive Oroville, CA, 95965 (530) 538-7153 From: Troester, Steve Sent: Friday, December 21, 2007 7:57 AM To: 'Lagomarsino, Adele' Subject: "Mead" Conceptual Map Review Attachments: mead-conceptual-map_12-18-07.pdf Hi Adele, I'm sending you this conceptual map for review and comment. I think we've covered all bases by requiring that a condition be laced on such a map that would prohibit any residential development until the Williamson Act contract might expire. Hope your holidays are enjoyable. FILE NO.: PRED07-0012 PROJECT TYPE: PREDEVELOPMENT REVIEW APN: 039-260-058 APPLICANT: Mead Brothers ADDRESS: 9093 Troxel Road, Chico, CA, «APPLICANT STATE»95928 PHONE: 5308958424 OWNER: MEAD, HARRY G TESTAMENTARY ADDRESS: 9093 TROXEL RD, CHICO, CA, 95928 REPRESENTATIVE: Lumos& Associates ADDRESS: 3259 Esplanade Suite 102, Chico, CA, 95973 PROJECT DESCRIPTION: Landowner requests conceptual review of division of an existing 127-acre parcel in orchard production into two 40-acre and one 47-acre parcels. The land is subject to a 40-acre minimum Williamson Act contract. The owner is willing to have a condition placed on such a map that would prohibit any residential development(one residence per a-40 parcel) until the Williamson Act contract expires. The Williamson Act contract is self-renewing for a minimum of 10-years. Upon notice of contract 2/1/2008 Page 1 of 2 Troester, Steve From: Lagomarsino, Adele[Adele.Lagomarsino@conservation.ca.gov] Sent: Thursday, a aun ry 03, 203:29 PM To: Troester, Steve Subject: RE: "Mead" Conceptual Map Review Happy New Year to you Steve, The Dept. refers to it as a "no build" provision during the term of the contract. Looks ok, adele. From: Troester, Steve [mailto:Stroester@buttecounty.net] Sent: Friday, December 21, 2007 7:57 AM To: Lagomarsino, Adele Subject: "Mead" Conceptual Map Review Hi Adele, I'm sending you this conceptual map for review and comment. I think we've covered all bases by requiring that a condition be laced on such a map that would prohibit any residential development until the Williamson Act contract might expire. Hope your holidays are enjoyable. FILE NO.: PRED07-0012 PROJECT TYPE: PREDEVELOPMENT REVIEW APN: 039-260-058 APPLICANT: Mead Brothers ADDRESS: 9093 Troxel Road, Chico, CA, «APPLICANT_STATE»95928 PHONE: 5308958424 OWNER: MEAD, HARRY G TESTAMENTARY ADDRESS: 9093 TROXEL RD, CHICO, CA, 95928 REPRESENTATIVE: Lumos & Assoziates ADDRESS: 3259 Esplanade Suite 102, Chico, CA, 95973 PROJECT DESCRIPTION: Landowner requests conceptual review of division of an existing 127-acre parcel in orchard production into two 40-acre and one 47-acre parcels. The land is subject to a 40-acre minimum Williamson Act contract. The owner is willing to have a condition placed on such a map that would prohibit any residential development(one residence per a-40 parcel) until the Williamson Act contract expires. The Williamson Act contract is self-renewing for a minimum of 10-years. Upon notice of contract non-renewal from the owner the land wculd still be subject to 10 years of contract restrictions. LOCATED: Site is located at the southwest corner of Augas Frias Rd and Durham Dayton HWY, adjacent to the east side of the town of Dayton. PROPERTY ZONED: A-40 GENERAL PLAN DESIGNATION: OFC TOWN/AREA: DAYTON Cheers! 1/7/2008 Page 1 of 1 Troester, Steve From: Troester, Steve _ Sent: Friday—, December 21, 2007 7:57_ AM To: 'Lagomarsino, Adele' Subject: "Mead" Conceptual Map Review Attachments: mead-conceptual-map_12-18-07.pdf Hi Adele, I'm sending you this conceptual map for review and comment. I think we've covered all bases by requiring that a condition be laced on such a map that would prohibit any residential development until the Williamson Act contract might expire. Hope your holidays are enjoyable. FILE NO.: PRED07-0012 PROJECT TYPE: PREDEVELOPMENT REVIEW APN: 039-260-058 APPLICANT: Mead Brothers ADDRESS: 9093 Troxel Road, Chico, CA, «APPLICANT STATE»95928 PHONE: 5308958424 OWNER: MEAD, HARRY G TESTAMENTARY ADDRESS: 9093 TROXEL RD, CHICO, CA, 95928 REPRESENTATIVE: Lumos & Associates ADDRESS: 3259 Esplanade Suite 102, Chico, CA, 95973 PROJECT DESCRIPTION: Landowner requests conceptual review of division of an existing 127-acre parcel in orchard production into two 40-acre and one 47-acre parcels. The land is subject to a 40-acre minimum Williamson Act contract. The owner is willing to have a condition placed on such a map that would prohibit any residential development(one residence per a-40 parcel) until the Williamson Act contract expires. The Williamson Act contract is self-renewing for a minimum of 10-years. Upon notice of contract non-renewal from the owner the land would still be subject to 10 years of contract restrictions. LOCATED: Site is located at the southwest corner of Augas Frias Rd and Durham Dayton HWY, adjacent to the east side of the town of Dayton. PROPERTY ZONED: A-40 GENERAL PLAN DESIGNATION: OFC TOWN/AREA: DAYTON Cheers! Steve Troester, Senior Planner Butte County Dept. of Development Services #7 County Center Drive Oroville, CA, 95965 (530) 538-7153 12/21/2007 Page 1 of 1 Troester, Steve From: Bailey, Blake Sent: Monday, November 05, 2007 11:41 AM To: Troester, Steve Subject: Mead Brothers, PRED07-0012 Steve, This email is in regards to the Mead PRED07-0012. I am assuredly bringing up points that you already know well. 1. Subject parcels is under Williamson Act contract 2. It would be best to rescind the existing contract and enter into a new one. 3. The new contract cannot ne non-renewed prior to its recording 4. The minimum time under contractual restriction (from the date of recording) should be ten years. I am glad to see that the Meads are willing to restrict any residential development on the resultant parcels until non-renewal has run its course. This will certainly be more palatable to the DOC when they review the requested action. By the way, I am looking into the Gunn matter(your email of 11/1/2007). 1 will respond ASAP. I appreciate your patience. Blake Bailey Appraisal Supervisor Butte County Assessor's Office (530)538-7507 Fax(530)538-7991 PRIVACY NOTICE:This message is intended only for the use of the individual or entity to whom it is addressed.It may contain information that is privileged,confidential,or exempt from disclosure under applicable law.Dissemination,distribution,or copying of this communication without the consent of the sender is strictly prohibited.If you have received this message in error,please notify the sender immediately.Thank you. 11/5/2007 i (A Butte County Depai ent of Development Sery s OTt TIM SNELLINGS,DIRECTOR( PETE CALARCO,ASSISTANT DIRECTOR ° F° 0 0 7 County Center Drive 0 0 Oroville, CA 95965 0 0 (530) 538-7601 Telephone ° '� y ° (530) 538-7785 Facsimile cOUNt�t October 30,2007 To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Mead Brothers,PRED07-0012 Planner: Steve Troester APN: 039-260-058 Location: Landowner requests conceptual review of division of an existing 127-acre parcel in orchard production into two 40-acre and one 47-acre parcels. The land is subject to Williamson Act contract. The owner is willing to have a condition placed on such a map that would prohibit any residential development(one residence per a-40 parcel)until the Williamson Act contract expires. The Williamson Act contract is self-renewing for a minimum of 10-years. Upon notice of contract non-renewal from the owner the land would still be subject to 10 years of contract restrictions. Site is located at the southwest corner of Augas Frias Rd and Durham Dayton HWY,adjacent to the east side of the town of Dayton. 30-Day Complete 11/14/2007 Date of IDR 11/7/2007 This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, LAFCo, Agricultural Commission, Public Works,Assessor, and CDF. All Environmental Health correspondence is routed through Karen Frederick at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on November 7,2007., Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting, regarding completeness of application. What is needed to make the application complete? - y X YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. PLEASE SEND YOUR RESPONSE TO: stroester e,buttecoun . .net Signature: Darren Read Department: CDF Date: 10/30/07 K:/Planning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 f lineal foot of street frontage. ❑ 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. ❑ 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. ❑ 7. Prior to any lot clearing activity or cutting of trees, contact the Butte Area Forester at (530) 872-6353 to determine the need for a less then 3 acre conversion exemption permit or a timber harvest plan. FIRE CLEARANCE ❑ 1. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. ❑ 2. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. X 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. X 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. ❑ 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. ❑ 7. Prior to any lot clearing activity or cutting of trees, contact the Butte Area Forester at (530) 872-6353 to determine the need for a less then 3 acre conversion exemption permit or a timber harvest plan. California Department of Forestry Standard Conditions,Revised 1/15/07 dr � L Y OLJ /V11. 1 g.��Jr it,ee- Poc 2- tj TSN �V rd m�. Senior Planner — i?82- kkff /k, T51YsQ��s /A LUM ASSOCIATES OIATES 3259 Esplanade,Suite 102 Chico,CA 95973 Tel:530.899.9503 Fax:530.899.9649 jschwein®lumosengineering.com PROJECT COORDINATION FORM DATE of IDR: November 14,2007 PLANNER: Steve Troester PROJ. NAME: Mead Brothers k6 t PROJ. NUMBER: PRED07-0012 TYPE: Completeness of Application APN: 039-260-058 Evaluation Loom's VSOCI. DEPARTMENT 1 COMMENTS 1.V 1 1 READY FOR HEARING? PLANNING ��. �f3hc� �® V510w1 I (/SSS r T►I �✓i1�1p�1 D� /��� n�vp{ )u� I V1 100 0)1 .) 0 U4 ee hos � LCA-6'na hp'-' oY oI7��I I1 � . PUBLIC WORKS_ 5 o r Mot y0 s C - �If, f fsiv". 5"( X/ 6 '41A 0-3A bal a.W S vlort U� ���G An bra RV, Qwnd o" tr j an exE tpr�lwt. ENVIRONMENTAL HEALTH V�� l4 ✓l Se 6y- COUNTY COUNSEL AG. BUILDING ASSESSOR FIRE WADMINISTRATIONUDR Agenda\2007 IDR Agendas\PROJECT COORDINATION FORM.doc �OT oT�o Department of Development Services ° 0 0 o - = o INTER-DEPARTMENTAL REVIEW COMMITTEE ocoUN�yo DATE/TIME: Wednesday,November 14, 2007, 1:00 p.m. to 3:00 p.m. LOCATION: 7 County Center Drive, Conference Room A,Oroville,California AGENDA Oroville 1. Mead Brothers,PRED07-0012,039-260-058 1:00 p.m. Planner. Steve Troester Zoning: A-40(Agricultural 40 acres Completeness of Application General Plan: OFC(Orchard& Field Crops) Evaluation Landowner requests conceptual review of division of an existing 127-acre parcel in orchard production into two 40-acre and one 47-acre parcels. The land is subject to Williamson Act contract. The owner is willing to have a condition placed on such a map that would prohibit any residential development(one residence per a-40 parcel) until the Williamson Act contract expires. The Williamson Act contract is self-renewing for a minimum of 10-years. Upon notice of contract non-renewal from the owner the land would still be subject to 10 years of contract restrictions. Site is located at the southwest corner of Augas Frias Rd and Durham Dayton HWY, adjacent to the east side of//the town of Dayton. 040fMir 3 : l� rui Con)mc�.0 e Jlo 4r Lf Comeph hA L64 Comm" , s deb I1,100� t DoC 1e wtv 645-J�/)' C4 -Y) 7 o4d (o Co k leAw, Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville,CA ■ (530)538-7601 Page 1 of 1 K://IDRAgendas/2006Agendas - f}�bfc,✓�'h�vY S��rl� o grTPM S . OF Old- , G"'Y op O(d Tf M — GA's T04 Con oy- o�v T tF0 Butte County Department ofDevelopment Services 0 o Tim Snellings,Director www.buttecounty.net/dds 0 0 0 0 7 County Center Drive o ---- o Oroville,CA 95965 UN y (530)538-7601 Telephone (530)538-7785 Facsimile ILMND CON_SERVA TIO_NACM00MMITTEE AGENDA -February 11, 2008 TIME: 9:00 a.m. PLACE: Board of Supervisors' Room 25 County Center Drive Oroville, California 1. ROLL CALL — Blake Bailey, Joe Connell, Pete Calarco, David Skinner, and Lewis Johnson and Chairman Richard Price (current vacancy in Cattlemen's Association appointee).. 2. APPROVAL OF MINUTES —July 17, 2007 and October 22, 2007. 3. ACCEPTANCE OF AGENDA: Committee members and staff may request additions, deletions, or --hanges in the Agenda order. I. GENERAL WORK ITEMS: _Item#Mead"Conceptual Tentative Parcel`Map FILE NO.: PREDC7-0012, PREDEVELOPMENT REVIEW APN: 039-260-058 APPLICANT: Mead Brothers _ PROJECT DESCRIPTION: Landowner requests conceptual review of division of an existing 127-acre parcel in orchard production into two 40-acre and one 47-acre parcels. The owner is currently completing a Pre-Development Consultation process (PRED07- 0012) with County departments. The land is subject to a 1976 Williamson Act contract. The owner is willing to have a condition placed on such a map that would prohibit any residential development (one residence per A-40 zoned parcel) on newly-created parcels until the Williamson Act contract expires. There are currently no dwellings on the site. Butte County Williamson Act regulations allow for development of one dwelling per parcel. Thereby, the existing 130-acre parcel is entitled to development of one residence on this property. The owner wishes to retain the right of development of a single residence on one of the three parcels resulting from the LLA. The Williamson Act contract is self-renewing for a minimum of 10-years. Upon notice of contract non- renewal from the owner the land would still be subject to 10 years of contract restrictions. LOCATED: Site is located at the southwest corner of Augas Frias Rd and Durham Dayton HWY, adjacent to the east side of the town of Dayton. PROPERTY ZONED: A-40 GENERAL PLAN DESIGNATION: OFC Reinemer Rd j 4 Ay % ;c t IL t Aguas Frias Rd �j Ord Fe Rd T wa tLe tll�t 11 } Dayton130 acres � ;R' See also attached conceptual map. DOC Comment: Adele Lagomarsino of the DOC replied to our request for review of the map by commenting that, "The Board needs to find that each of the resulting parcels can sustain a commercial agricultural use and there's no resulting residential subdivision. Looks like you have it covered. The Dept. refers to the proposed condition as a "no build" provision during the term of the contract." Staff Recommendations: Staff recommends that the LCA Committee make a recommendation to the Board that J this project is compatible with the Williamson Act, with the proposed condition prohibiting residential development while under contract. Staff also recommends that the current contract be rescinded in order to simultaneously enter into a new contract conforming to current rules and procedures, as the LLA would change parcel boundaries, and parcel legal description. If WW PROJECT SITE TO"Or DAYTON -TO CHICI myrm VEST RD _CftYHIC SCALE 4 �T UWAY �---;Z=212-TO LOCATION MAP PARCEL A 4 LEGEND: 42- (A APPROXIMATE USGS CONTOUR(PER TOPO MAP) '27- EXISTING PROPERTY LINE 0 vp PROPOSED PARCEL MAP BOUNDARY PARCEL11 PROPOSED LOT LINE ROAD CENTERLINE EXISTING WELL T- PARCEL C oF 23M. COUNI F-13 TT Ro 27 8 4s AH 1576 Ijd-TD CONSERVATION AGRIERAENT U U:!T Y ltl 1,OR.-i*"r�114 ILI A4 1 THIS AGRM,d0T, made and entered into this day of 2 /9 7j by and between MEAD ORCHARDS, INC. 3 4 hereinafter referred to as "Owner", and the County of Butte, a political 5 subdivision of the State of California. hereinafter referred to as "County": 6 W I T N E S S E T H 7 11110R-EkS, Owner Possesses certain real property hereinafter described 8 located within County; and 9 'M1 REAS, said property is devoted to agricultural uses; and 10 VMREAS, said property is located within the-AGRICULTURAL PRESERVE 11 NO. heretofore established by County; and 12 'WUERI-jkS, both Owner and County desire to limit the use of said 13 property to agricultural, related and compatible uses in order to 14 preserve a maximum amount of agricultural land, to conserve the State's 15 economic resources., to maintain the agricultural economy, and to essure 16 a food supply for future residents, to discourage premature and un- 17 necessary conversion of agricultural land to urban uses, recognizing 18 that such land has public value as open space and constitutes an 19 important physical, social, esthetic, and economic asset to the County; 20 and 21 'JBMEAS, the placement of said property in an agricultural preserve 22 and the execution and approval of this Agreement is a determination that 23 the highest and best use of said property during the term of this 24 Agreement or any renevial thereof is for agricultural uses; 25 NO'%7y T=E-POPE, both Owner and County in consideration of the 26 mutual promises, covenants and conditions herein contained and the 27 substantial public benefits to be derived therefrom, do hereby agree 28 as follows: 29 JV -CD 30 jIJ 31 -I. 197D 32 I . ...... CZ) 33 1 PIRST: This Agreement is made and entered into pursuant to the 2 California band Conservation Act of 1965 (Chapter 7 of Part 1 of Division 3 1 of Title 5 of the Gcvernment Code of California commencing with Sec- 4 tion 51200) including Article 3.5 of said Act entitled "Agreements". 5 SECOND: During the term of this Agreement, or any renewal thereof, 6 the said property shall not be used for any purpose other than agricultural 7 uses for producing agricultural .commodities for commercial purposes, uses 8 related to such purposes and uses compatible for such purposes, which uses 9 are set forth in Exhibit "A" attached hereto and incorporated herein by 10 reference. 11 THIRD: The Board of Supervisors of County may from time to time and 12 during the term of the Agreement or any extensions thereof, by resolution 13 add to those compatible uses authorized in the resolution establishing 14 the preserve within which the lard is located; provided, however, said 15 Board shall not eliminate, without the written consent of Owner, a compatible 16 use during the term of this Agreement or any rene;vals thereof. The provisions 17 of this Agreement and any resolution supplementing the uses listed in 18 Exhibit "A" is not intended to limit or supercede the planning and zoning 19 powers of the County. 20 POURTH: In the event an action is established in eminent domain 21 for condemnation of all or a portion of subject property for a public or 22 quasi-public use as permitted under Section 51290 of the California 23 Government Code, the terms of this agreement shall be null and void. as 24 of the date the action if filed; this Agreement shall remain in full force .25 and effect as to the remainder of subject property not so taken, unless 26 such remaining land would no longer be eligible for Agreement under 27 Section 51242 of the California Government Code. 28 29 c 30 .31 O G1 32 33 F—s C) 1 FIFTH: This Agreement shall be effective as of the day and year first 2 above written and shall remain in effect for a period of ten (10) years 3 therefrom. This Agreement shall be automatically renewed on the first day 4 of January of each year for a period of ten (10) years from the date of said 5 renewal, unless noti2e of non renewal is given as provided in Section 51245 6 of the Government Code of California. 7 SIXTH: The Oyler understands that he is not entitled to any public 8 funds by reason of tie execution of this Agreement or any renewal thereof 9 although the use thereof is limited as aforesaid. 10 SEVMTTHH: Cancsllation of this Agreement may only be affected pursuant 11 to the provisions of Goverment Code Sections 51280 through 51286, except 12 as otherwise provided herein; provided, however, that the consent of the 13 Director of Agriculture of the State of California as provided for in 14 Government Code Sections 51282 and 51283 need not be obtained. 15 EIGHTH: The Oymer agrees that he, his successors and essiogns shall not 16 divide by sale or gift the property which is the subject of this Agreement 17 into a parcel under separate ownership having less than 0 acres. 18 NINTH: This Agreement shall run vrith the land described herein and 19 shall be binding upon the heirs, successors and assigns of the Owner and 20 County. 21 TFUTH: In the event of forced sale of lands subject hereto for the 22 settlement of a tax lien, this Agreement is null and void as to such land 23 actually sold for that purpose. No penalty as provided for in Paragraph 24 Seven (7) shall be charged for a cancellation under this paragraph. 25 MDVRITH: This Agreement sball be cancelled without payments or 26 public hearing if it is replaced by any other :enforceable restriction 27 authorized by Article YXVIII of the California Constitution or : I T"7KTH: Tie property of the Owner hereinabove referred to and to 2 which the provisions of this Agreement apply is situated in the 3 County of Butte, State of California and is particularly described 4 as follows: J DESCRIPTION: i All that certain real property situate in theCounty oP Butte, State of California, described as follows: PARCEL ONE: t I The South-14.92 acres of the East 20 acres of the South half of the Southwest quarter of Section 26, Township 21 North, Range 1 East, M.D.B. & M., more particularly described as follows: j ? I b ' BEGINNING at an iron pipe marking the South quarter corner of said Section 26 and running thence along the Southerly line thereof, I R i North 89' 411 30" gest, 662.00 feet to an iron pipe (from which J point the Southwest corner of said Section 26, bears North 89` 41, 30" West, 2008.8 feetk thence North 981.5 feet to an iron pipe; r thence South 89' 411 30" East, 662.0 feet to an iron pipe on the North and South centerline of said Section 26; thence along said ' oenterline South 981.5 feet to the point of beginning. PARCEL TWO: A portion of Section 2, Township 20 North, Range 1 East, M.D.B. Sc M., more particularly described as follows: Commencing at the South quarter corner of said Section 2 in the centerline of Pratt Grant Road, said corner also being the southwest corner of the House Subdivision, said subdivision being filed in Map Book 7 at page 33 of the Butte County Official Records; thence South 89' W 40" 'Jest 676.98 feet along the South of said Section 2 and the centerline of Pratt Grant Road to the true point of be- ginning for the parcel herein described; thence from said point f of beginning continuing South 89' 541 40" West 985.22 feet along t the South line of'said Section 2 and the centerline of Pratt Grant Road; thence North 00' 041 West 2656.13 feet; thence South 89° 421 00" East 985.24 feet along an existing fence line ; thence a South 00' 041 East 2649.46 feet to the point of beginning. EXCEPTING THEREFORM an undivided one-half interest (which consists ii of an undivided one-fourth interest in the whole of the real property above described) in and to all oil, gas, hydrocarbons and minerals, f upon, in and under the above described real property, together C with the right to explore for and remove the same. EXCEPTING THEREFROM that portion conveyed to the County of Butte recorded December 7, 1973 in Book 1878, Official Records, at page 337. ' -- PARCEL SIX The Southwest quarter of the Southeast quarter of Section 26, Township 21 North, Range 1 East M.D.B. & M. , o EXCEPTING THEREFROM a strip of land 40 feet in width along the nl i northerly line thereof as conveyed by J. M. Nelson to the County J of Butte by deed dated March 8, 1887, and recorded in Book 27 of Deeds, page 225, Official Records of Butte County, California. H ALSO EXCEPTING TH3REFROM a strip of land 40 feet in width for m road purposes off the West side of the land herein described. C7 PARCEL SEVEN: The Northwest quarter of the Northeast quarter of Section 35, Township 21 North, Range 1 East, M.D.B. & M. 1 IN VIITITESS YMMEOF, The Ovmer and County have executed this 2 Agreement the day and year first above written. 3 COUNTY OF BUTTE- 4 BYiLiy/ GI Chaff n an of the Board of 5 Supervisors 6 7 8 ATTEST: 9 Clark Nelson, County Clerk and Ex Officio Clerk of the 10 Board of Supervisors 11 12 by 13 'Deputy Clerk 14 15 / r 16 Ov-mer: �� ��!��•zC%utioGd� ;�n moi ` 17 �c.�vas!o/• (�J^Y�CC� if�rzL ultiry 18 19 I aC C.L . 4Le c� 20 21 STATE OF CALIFORNIA, BUTTE � ss. COUNTY OF ON 19 December 12 75 befff�Ajlgeu eL�y&i a Iolyy�IJ&lHV,rgaid aXI)personally appeared r:•.e::ED:z ecc a;::_:_:..::;:•.:_.::_::.: ,:_ •::1: known to me to be the president and secretary, respectively; of the MEAD ORCHARDS, INC. , ;•., . t the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument,On behalf of the Corporation,therein named,and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. .zev--, Notary Publicand for d State. ACttNOWLEDGMEr1T—eorporalion—wolcotts Form 722—aev.}ad ...........ne.... .n000cs cen.. G 32 IND Q 33 Cil yam. I STATE OF CALIFOIIWIA 2 COUNTY OF BUTTE ) 3 On this �7� day of �1- 1�-E c�.�.� 19%c 4 before me XILZ•L-., ., a Notary Public in 5 and for the said County and State, residing therein, duly commissioned 6 and sworn, personally appeared �j�.c•4:�-cam E_; _ �i'� c. .t�� 7 known to me to be the Chairmanof the Board of Supervisors of the County 8 of Butte, that executed the within instrument and acknowledged to me that 9 said County of Butte did execute the same. 10 Irl 71IT19TESS WBERSOF. I have hereunto set my hand and affixed my 11 official seal the day and year in this Certificate first written above. 12 13 ��.�` L. ./ � � :'�('•, i i LLC i i E.[..; c Ply commission Notary bublic in and for said 14 expires: County and State 15 16 17 18 19 20 21 22 23 24 25 26 27 28 �. 29 I) G 30 (3' 31 32 33 EXHIBIT "A" P3R.,1ITTM­ ) USES 1 1. Single family dwelling as provided in C-1, C-2 or C-3 above, 2 provided, however, that variances may be recommended by the committee 3 to the Board of Supervisors in cases of hardship. 4 2. General farming, horticulture, commercial livestock, commercial poultry 5 production, warehousing storage. 6 3. Accessory buildings and uses pertinent to the permitted uses including 7 agricultural processing plants. 8 4. Housing facilities (includir9 trailers) to accommodate only agricultural 9 employees and their families employed by the owner or operator of the 10 premises and provided further.that such housing facilities shall be 11 considered accessory to the main building. 12 5. A stand or a display for sale of agricultural commodities produced on 13 the premises. Sales of products produced off the premises provided 14 that the sale of such products is incidental and secondary to the 15 sales of agricultural products produced on the premises. 16 6. Compatible uses: 17 a. The drilling -or hydrocarbon, including the installation and use of 18 such equipment, structures and facilities as are necessary or 19 convenient. 20 b. Public utility and public services, includirj�g, structures, uses 21 and buildings. 22 c. Airport or aircraft landing facilities. 23 d. Parm labor camas. 24 e. Any other use determined to be a compatible use in all agricultural 25 preserves by the Board of Supervisors after public hearing on ten 26 (10) days published notice and such other notice if any as they may 27 specify. And after, such use be deemed a compatible use in any 28 agricultural preserve. G 29 7. Other uses: N 30 a. Sand and gravel operation subject to the securing of a use permit C�J1 31 approved by the Co-anty. t, m 32 b. Felines, mineral extraction, and quarries in Agricultural Preserve F� G'7 33 Number 7, 8 and 9. END OF DOCUIWi NT OWNERS axoEADw rR&°°ouTMimRanPDMTTERsnP PROJECT SITE ax a a 9s9m GRAPHIC SCALE ` ENGINEER: e 1 I Cpr I —0 E5P1ANAAC,SUNS I= CIOCO,CAU O- 95973 (�P�) - G APM 0.19-!]0-00]n:us)�I _ (s3o)e99-9sD] 1 - n uNDs aP:ARaER I B -�- -DA N DURBAN HIGHWAY-—}--— d55ES50R'S PARCEL NUMBERS: • ;;osd N) I I LOCATION MAP 019-260-OY APN 019-200-000 ,�Qv's_ DAYR]x CFYETFAY� I aia I I PRESENT. Y y PREESENT:ORCHARD A NEID CROP O+ I- � NNRE ORCNMO!ER1D CVOP LEGEND: ZONING .taj✓ PAR EL A ¢� 019- R I ym /1�1---�_ APPRODYAIE USG9 CCIIIXIR(PEN iCPO YAP) Us PRFSTIT:A-40 / 1 I b __ El04ONG PROPERTY UNE NP me.A-M (/ / I I 4 unuTIES. / �/�' I.CI I —--— PRaosD PARD-YAP ExAIxDMr SMRMT SEWER:AND NN T IUCN LWEs / IIf., < PROP03D LOT IITE YA-:INDMDUAI—SCPRC TMx$ � � ;O� POT PAMC OAS A ELECTRC OOIIPMY ' APM 019-260-059 v� COYYUNKAipNS TRT ffA_W) 3 I _ ROAD QNTERI1xE 11)«x }C EDs101G OENERAL NOTES , APT 0.19-290-059 1.)SU®INSpN WEOPoIATIM: Nuu AOREA2 129.99 ACRES ^UY9ER R PROPOSED PARC-S ] / WIAOE PMD-93G 2.11 ACRES ® \p PARCEL A:2017,120 SP/M.09 ACRES / PARC-@ .)12YD SP/10.00 Aoms PARCEL C 1.)12M0 Si/M.00 Adt[S 2)1ME PIfOPC/fTr IS LOCA IT ROOD ZONE x ///((( 10M1 PARCEL40B I I PER{TODD DISURMCE RALE YAP No. W �I PE00)CO D G ANCR1E RITE 9,o. \\\ / / 1 I I IOiq \! •0 I I I �x I kgs DAttax R4 Pini MEL C RI ' 81'°�sII �I ry5 II "o I - nrr I LMDs Or:C18FAT ' I CONCEPTUAL SITE PLAN for MEAD BROTHERS PARTNERSHIP A PORTION OF THE ,em•Ar, NORTHEAST OUARTER OG SECTION 211 1M5 WE UP 91E PIAT WAS PREPARD) ,PO T.21 N.STATE 1 O C AUFO IA BUTTE. A 9T YE M UNDER Y OpECTlOY. p • A .R.I I- CAU TY OF 6M DATE: UAI MD ASSIX]AM WCSEY E OLFRRT ]259 C50.ANADE SUDS 102 RGE]1998 •�vvin CTx:Q CAL—A 959721 Fxl'IRFS 12/31/00 (5]0)998-950.1 t T. 21 N.. R.l E. M. D. B. �•Ifl. Ann Cmh 70./9 i 3 � � cKICO sUrrE ` rY OAYrON OURNAN N/GHW4Y if ?JAc. /Q. 0 3O.Me• b 3 .o 6 ► � b Ae I I h ( y ®AC. I nese JS / .IJJAC leor JIOAc. in oto YJ 3JAc. � o a0f ..'•�' I tSb : �e JJQB `I Go b o I a d96lAG 59.4At. I?Ac. ?051Ac )9.49Ac. /TAc. 326J 6171 .R OSOP IJJ O tKa ACIwo �?—✓ t w �