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HomeMy WebLinkAboutREZ 00-01_PLANNING IINI���I IIIIII�NI�III���VI� VI�I�I�IVNNIB Vlil .SEPfiRATOR :SHEET JAPN PXah � 1IY/ - 10`f oao,E.NUMaEa R 6 -Z 00 - lot ' PROJECT SUMMARY'SHEET FILE#:_REZ 00-01 PROJECT TYPE: Rezone APPLICANT: Dale Penne ADDRESS: 30 Caruthers Lane, Chico, CA 95973 OWNER: Same ADDRESS: REPRESENTATIVE: _NorthStar'Engineering ADDRESS: 20 Declaration Drive, Chico, CA 95973 PROJECT DESCRIPTION: Rezone from TM-5(Timber-Mountain,5 acre parcel)and TM-2(Timber-Mountain,2 acre ar )to TM- (Timber-Mountain, 3 acre parcel) PROPERTY ZONED: TM-5(Timber-Mountain, 5 acre ar .)&TM-2(Timber-Mountain,2 acre ar ) LOCATED: on the west side of Biggers Lane approximately 800 feet north of Humboldt Road, Butte Meadows AP#: 060-110-104& 115 TOWN/AREA: Butte Meadows GENERAL PLAN DESIGNATION: Agricultural Residential 1. Application complete: 1-21-00 Amount: $2,453.00 Receipt#: 18140 2. Comments sent to: E.H.,LAFCo,DDS.,Assessor,Public Works, Ag, Commission&CDF 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: 7. Environmental Determination: State Clearinghouse No: ategorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish&Game: Environmental'Impact Report Gen.Rule Ex. -CEQA# 15061.(bx•3) Other 8. Staff Report: Project Video: 9. Clearinghouse circulation required: Yes No Date Sent to SCH: 10. Publication Notice Written: y_ oC (� — Display Ad Prepared: /a 11. Notices Mailed: Number of Notices: ` aJ 12. Newspaper Publication Date: O/ C/ P G B 13. Planning Commission Hearing(s): Action taken: Special Conditions: Commission Resolution No. G 14. Board of Supervisors' Hearing(s): O Action taken: Board Resolution No.: Ordinance No: -3�a� Adopted: 15. Type Rezone/Send for signature: 16. N.O.E./N.O.D./APPENDIX G: Fish&Game Fees Paid: Yes No 17. Send validated Rezone: 18. Assessor's Memo: 19. Copy of Rezone/Variance to Planning Technician: PROJECT REVIEW CHECAST Project Planners fill out this in-house checklist upon receipt of a new project. Project Number: Project/Application Name: Project Site Zoning: General Plan Designation: APN: Project Planner: Date completed: Is the project located within any of the following areas? ❑ North Chico Specific Plan ❑ Oroville Enterprise Zone ❑ Williamson Act Land CLCA: ACRES: ❑ 100 Year Flood Plain ❑ Within FEMA Floodway ❑ Within DWR Floodway ❑ Dam Inundation Area ❑ Watershed Protection Overlay Zone ❑ East Avenue Specific Plan ❑ Chico Area Greenline (Project in area where Greenline policies apply) ❑ Greater Chico Area Redevelopment Area ❑ Nitrate Action Plan Area ❑ Archaeological Sensitive Area ❑ Hazardous Site ❑ Other Critical of Sensitive Area ❑ Planning Areas ❑ Urban Reserve ❑ Durham-Dayton-Nelson Planning Area ❑ Paradise Urban Reserve ❑ Oroville Area Land Use Plan(Adopted 3/29/84) ❑ Oroville Urban Reserve ❑ Chico Area Land Use Plan(Adopted 3/18/90) ❑ Chico Urban Reserve ❑ Gridley-Biggs Land Use Plan(Adopted 8/586) ❑ Gridley Urban Reserve ❑ Honcut Area ❑ Cohasset Area ❑ Palermo Area ❑ Chapman/Mulberry Planning Area(in process of adoption 9-14-99) ❑ Deer Herd Areas ❑ Designated Development Zone ❑ Winter Range ❑ Critical Winter Range ❑ Summer Range ❑ Critical Summer Range ❑ Major Migration Corridor ❑ Intermediate Deer Range ❑ If Constrained, The Minimum Parcel Size Is acres. ❑ CLUP Area ❑ AIRPORT AREA OF INFLUENCE ❑ Chico Municipal Airport Environs Plan ❑ Chico ❑ Paradise Skypark ❑ Paradise Skypark ❑ Ranchero ❑ Ranchero ❑ Oroville ❑ Oroville ❑ Airport Land Use Commission Review(ALUC) Required .N ❑ Urban Area(As deed.in Improvement Standards for Chafter 20) ❑ City of Chico ❑ Durham ❑ City of Gridley ❑ City of Oroville ❑ Mountain Recreational Area ❑ Sphere of Influence ❑ City of Chico ❑ City of Gridley ❑ City of Oroville ❑ City of Biggs ❑ City of Paradise ❑ Watershed Areas ❑ Butte Creek ❑ Cherokee ❑ Big Chico Creek ❑ Wyman Ravine Study Area ❑ Little Chico Creek ❑ Rock Creek Study Area ❑ Sacramento River Conservation(SB 1086) Essential Services ❑ Public Water District ❑ Vell(s) ❑ Public Sewer District ❑ On-site Sewer If well and/or on-site sewage disposal,has Environmental Health determined the application filing requirements? ❑ Pre-application review complete ❑ Pre-application review not required ❑ Drainage District/CSA ❑ Fire District ❑ Butte County ❑ El Medio Fire District ❑ Federal Aid Road(s) ❑ Other Permits required from other agencies Agency Special Review ❑ Department of Water Resources (DWR) ❑ Office of Mine Reclamation ❑ Department of Fish and Game (DFG) ❑ Department of Fish and Game ❑ CALTRANS ❑ HCD(Mobile Home Parks) ❑ Regional Water Quality Control Board ❑ Other ❑ Army Corps of Engineers ❑ Butte CountyAir Quality Control District Q ty ❑ Other Comments: Version:9/28/99 CAMy DocumentsTROJECT REVIEW CHECKLIST.doc APPLICATION ACTIVITY LOG Action* Person Contacted** Phone Number** Time -Spent/Date *Use more than one line if necessary. **If applicable. 00-211 Dale Penne - Rezone - Report to the Board - the Planning Commission has recommended approval of a rezone of a 5 +/- acre parcel from TM-5 (Timber. Mountain - 5 acre parcels) to TM-3 (Timber Mountain - 3 acre parcels) ; and a rezone of a 1. 95 +/- acre parcel from TM-2 (Timber Mountain - 2 acre parcels) to TM-3 (Timber Mountain - 3 acre parcels) on property located east of, and adjacent to, Biggers Lane and Greenmore Court, east of the intersection of Maddril Lane and Biggers Lane in the community of Butte Meadows - action requested - ACCEPT FOR INFORMATION; AND SET A PUBLIC HEARING FOR ' CONSIDERATION OF THIS MATTER FOR AUGUST 8, 2000, AT 10 :30 A.M. {f r __.- BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-- JUNE 27, 2000 0 Dale Penne,proposed Negative Declaration regarding environmental impacts and Rezone of a 5 +/- acre parcel from TM-5 (Timber Mountain - 5 acre parcels) to TM-3 (Timber Mountain - 3 acre parcels) and Rezone of a 1.95 +/-acre parcel from TM-2 (Timber Mountain-2 acre parcels)to TM- 3. The property is located east of and adjacent to Biggers Lane and Greenmoore Court, east of the intersection of Maddril Lane and.Biggers Lane, in the community of Butte Meadows. APN 060- 110-104 and 115 (DB) (FILE REZ 00-01) Mr. Breedon gave a brief summary of the project. Commissioner Lambert said there are two parcels, one at 5 acres and one at 2 acres, and the applicant is asking that all 7 acres be zoned TM-3. Mr. Breedon said that is correct. He said the applicant now has two parcels,but would like to do a Lot Line Adjustment, which takes approval of this rezone. He said at the end, the applicant will still have only two parcels. The hearing was opened to the public. Myles Pustejovsky,NorthStar Engineering, explained the need for the rezone to do the Lot Line Adjustment later because of where the applicant wishes to place his house. Ken Reimers, Assessor, said he supports this rezone request where it fronts on a paved road. The hearing was closed. It was moved by Commissioner Nelson, seconded by Commissioner Lambert, and unanimously carried to recommend approval of this rezone for Dale Penne, REZ 00-01, subject to the findings listed below. 1. Recommend the Board of Supervisors adopt a Negative Declaration with the following findings: A. , An Initial Study was completed in compliance with the California Environmental Quality Act, and no significant environmental impacts were identified. B. The Planning Commission independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and hereby finds that a Negative Declaration adequately represents impacts associated with this project and reflects the independent judgement of Butte County, which is the Lead Agency. j C. Find, on the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, that there is no substantial evidence that the Dale Penne. Rezone, Planning Division File No. Rez 00-01 will have a significant effect on the environment. II. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a"de minimus"exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not recommended. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JUNE 8,2000 ■ III. Recommend approval of Rezone 00-01 for Dale Penne to the Board of Supervisors and recommend that the Board of Supervisors adopt an Ordinance rezoning from TM-2 and TM-5 to TM-3 property identified as APNs: 060-110-104 and 060-110-115, with the following findings: 1 . The project is consistent with the Agricultural Residential General Plan designation as supported by the following: A. The proposal is not incompatible with any adjacent agricultural operation, since no agricultural operation is adjacent. B. The project is in an area provided with adequate private water service and on-site sewage disposal capability ' C. A Butte County Fire station is located within the community of.Butte Meadows, approximately 1000 feet south. D. Private access to the property is provided by Bigger's Lane and Greenmoore Court. E. The property is reasonably accessible to commercial services and schools. 2. The existing 5.2 and 1.95 acre parcels conform to the proposed TM-3 (Timber Mountain, 3- acre parcels) zone. 3. Future residential development shall be required to comply with Public Resources Code 4290 (Fire Safe Regulations). 4. The Butte County Fire Department indicates that a pressurized water system is available for fire protection purposes. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JUNE 8,2000 ■ i 4 DEPARTMAT OF DEVELOPME i SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to he provided is on other side: y APPLICANT'S NAME(If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: 1 ADDRESS: CITY.STATE&ZIP CODE: FILE NJUMIBER. (FOR OFFICEUSE) 56 eWal7Y6e5 ��lrr" Cl✓/lD Cc9. ,91:97-3 F7 6),-a i NAME OF PROPOSED PROJECT(If any) TELEPHONE LOCATION OF PROJECT(Major cross streets and Address, if any) S/GGA �e991T'� � �r49�./�,e/G L�l�•�' lrt' �UTT� �f-�9,�DGt/S GENERAL-INFORMATION REQUIRED OWNER'S NAME TELEPHONE rJ�4E T>F�1llL C« ,�/�5 -: ADDRESS: CITY,STATE&ZIP CODE: ZONEGENERAL PLAN EXISTING LAND USE SITE SIZE(in et Square Feor Acres) 7_f AC. =h r EXISTING STRUCTURES(in Square Feet) PROPOSED STRUCTURES(in Square Feet) 11011'� (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 REQUESTED ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP REZONE ❑ TENTATIVE PARCEL MAP ❑ USE PERMIT ECEI� J ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT ❑ BOUNDARY LINE MODIFICATION 2 � 2000 [3 VARIANCE JAN [3 LEGAL LOT DETERMINATION ❑ MINOR VARIANCE [3 CERTIFICATE OF MERGER BUTTIVSINGDIO [3 ADMINISTRATIVE PERMIT PLANN ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ OTHER - . PROJECT DESCRIPTION -..:� . .• . FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size of parcels.) .�Ez©eZf OF 71 11rCA!!E5 1 ,204 To Tel -,3- OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHOR)ZED AGENT OF THE OWN ABOVE DESCRIBED PROPERTY. FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE E IN OR�IATION IS TRUE AND ACCURATE (If an agent m beCOO orized,execute an affidavit of authorization and include the affidavit li• ion.) -DATE: X I ( SIGNATURE: w AGENT AUTHORIZATION To Butte County, Department of Development Services; Print Narne.of Agent and Phone Number CH/�D Cil . .9111013 Mailing Address L is hereby authorized to process this application for on my property, identified as Butte County Assessors Pa-cel-Number,. - - - 64-//" /04�' //,�'"•, -M, *s authorization4llows representation for•all4pplications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document'(s)relating to record title interest. Owner(s) of Record: (sign and print name) Print Name Print Name X Signature signature Architect and/or Engineer: Print Name of ArchitedAEngineer and Phone'Number , l/e �.l C d J 3 Mailing Address FOR OFFICE USE ONLY Verify: Date received: Total amount received: ���r3 au lAP Number(s) .✓Legal Description ✓✓ Owners Authorization --`Zoning requirements �"roject,Description-, opies,ofplot.plan. . Taken byc&5 'Receipt No `LDI~5V Plari' FDAL3.ou Payment of the currently required Application Fee and/or Deposit(Any unused portion of a deposit) will be returned upon final action. Current fee for this application is $ as of Make check payable to "Butte County Treasurer". RECEIVED JAN 2 12000 COUNTY OF BUTTE BUTTE COUNTY ENVIRONMENTAL INFORMATION FORM PLANNING DIVISION (To be Completed By Project Applicant) Date Filed General Information: 1. Name and address of owner,and/or developer,and/or project sponsor. ,WKE 6671VE AO -64ew C/y/CO,el. .PJ'Jv73 2. Address of project .074SE.2S e�' lr,5 � �9��•P1L.L �n�. Assessor's Parcel Number: 3. Name,address,and telephone number of person to be contacted concerning this project �oery�T9,�' ZD ��U-�9.49T��• .rl-2�l/E CyICD ,c.9. ,�,1'<973 4. List and describe any other related permits and other public approvals required for this project,including those required by city, regional,state and federal agencies: !?Ol7� 5. E fisting general plan designation: 6. EAsting zoning district: TJ -Z Cr Te1-S 7. How is land currently used? %AC�9lI'T 8. Proposed use of site (Project for which this form is filed): Project Description: 9. Site size: 7f 5rC,Es (Acres/Sq.Feet) 10. Off-street parking spaces: Full size: Compact Total: 11. Plans attached Yes No ✓ 12. Proposed development schedule ✓�S �` 'r �5 �SSi.�� 13. Associated projects SU�SEQI]f�T'T fOTl r�F ��✓USTRI�I!/` 14. Anticipated incremental or phased development 0 Butte County Department of Development Services 0 Planning Division 0 • 1 Attach description of project containing the following information: 15. If residential,include the number of units,schedule of unit sizes,range of sale prices or rents,and type of- household size expected. -YZ4 16. If commercial,indicate the type,whether neighborhood,city or regionally oriented,square footage of sales area and loading facilities. �lr9 17. If industrial,indicate type,estimated employment per shift,and loading facilities. 18. If institutional,indicate the major function,estimated employment per shift,estimated occupancy,loading facilities,and community benefits to be derived from the project.e71,11 19. If the project involves a variance,conditional use,rezoning application,or any development permits,state this and indicate clearly why the application is required. If permits have already been issued,please attach as Exhibit �� .gEE ATTi9Cf/E� Are the following items applicable to the project or its effects? Discuss below all items checked yes(attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. _ 21. Change in scenic views or vistas from existing residential areas or public lands or roads. _ !' 22. Change in patter or character of general area of project. 23. Significant amounts of solid waste or litter. _ 24. Change in dust, ash,smoke,fumes or odors in vicinity. 25. Change in bay, lake, river,stream or ground water quality or quantity,or alteration of existing drainage patterns. _ 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. _ 28. Use of,or disposal of potentially hazardous materials, such as toxic substances,flammable or explosives. 29. Substantial change in demand for municipal services (police, fire,water,sewage, etc.including special districts). _ 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas,etc.). _ 31. Relationship to a larger project or series of projects. 0 Butte County Department of Development Services 0 Planning Division 0 2 ti Environmental Setting: (Attach.brief description) 32. Describe the project site as it exists before the project,Including information on topography,soil stability, - plants and animals,and any cultural,historical,or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. ' 49 lfgTG, IL �EJ7ll16 33. Describe the surrounding properties,including information on plants and animals and any cultural, historical,or scenic aspects. Indicate the type of land use(residential,commercial,etc.),intensity of land use(one-family,apartment houses,shops,department stores,etc.),and scale of development(height, frontage,set-back,rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. U/OO '} Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability,and that the facts,statements,and information presented are true and correct to the best of my knowledge and belief. Date Signature for 1117/10 K:\FORMSIEW-INFO 0 Butte County Department of Development Services 0 Planning Division 0 3 1. � 1 1 .. n�J `l 't,, V r " � ..f. I� ' ;` ' 1 1 � .�� RECEIVED REZONE JAN 2 12000 BUTTECOUTY PLANNING DIVISION I APPLICATION PACKET CHECKLIST This checklist is designed to assist applicants in making sure all necessary information is included in their application packet. Please include this checklist along with you submittal. Applicant Planner 1. 2 IJ A completed, signed, Uniform Application and Environmental Information form. If the application is signed by an agent for the property owner, an agent authorization form must be submitted along with the Uniform Application. The application shall not be accepted unless signed by the owner or authorized agent. 2. LJ If the rezone involves more than one parcel, a petition signed by a minimum of 60% of the owners of the parcels affected, must be submitted. 3. U E�rA Copy of the Grant Deed, a map of property showing the precise boundaries and/or a legal description. 4. 0" E3 Payment of the currently required Application Fee and/or Deposit (Any unused portion of the deposit will be returned upon final action, if any remains). (Plannner advises applicant) 5. ❑ Thirty-five{�5) copies of plans which shall include a detailed site plan drawn to scale. All plans shall be drawn on uniform size sheets no ger ater than 24" X 36". The finished plans shall be folded to 8 1/2" x 11". The detailed site plan must include: a. El"*'� ❑ Name and address.of Applicant, Engineer and/or Architect b. 2r-- Assessor Parcel Number(s) and the street address. c. 2r D Property lines, lot dimensions, city and special district boundaries (if applicable), existing general plan and zoning designations for the property and within 100 feet of the boundaries of the property. d. Dimensioned locations of existing and proposed improvements on the property (including,but not limited to,buildings, driveways, parking areas, wells, septic tanks and leach fields). For vacant property, or in other circumstances, this requirement may IF INSUFFICIENT INFORMATION IS SUBMITTED,THE APPLICATION WILL BE DEEMED INCOMPLETE. I , • .rte `� be waived by the Director of Development Services or the Director's designee. Waved ❑ YES ❑ NO e. For vacant or substantially undeveloped land, show contours as per USGS maps or better. f. ❑ Distances from any significant natural and man-made features of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, to the property lines. g. North arrow and scale of drawing. All plans shall be drawn to an engineering scale with the preferred scale of 1" =20',with a north arrow preferably oriented to the ton of sheet. h. IJ Vicinity Map I. All plans must be clear and legible. 6. 9 ke cop of a 81/ x " tra pen eduction of e d ile ite=p1°an Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Signature:.4a-4� Date: Applican epresent ive "1 I Signature: Date: C l O u Pt�nning Receiving Application . K:\forms\submital\rezone.fret IF INSUFFICIENT INFORMATION IS SUBMITTED,THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 REZONE FOR PENNE& BIGGERS Environmental Questionnaire Item#19: I The reason for the rezone is to allow for the processing of a lot line adjustment. Penne APN 60-11-104.will acquire 1.5 acres from Biggers APN 60-11-115. This is to accommodate a better homesite. The TM-3 zoning was requested to insure that no additional parcels would be created or be able to be created. After the lot line adjustment the resulting parcels will both be 3.5 acres each assuring no additional parcels could or-would be created. I Exhibit "A" Page 1 of 1 .` � IIII Ii I III tI . !II('IIIII���II'Ifl��l'III�'�Illli Record at the Request of 1 9 9 8—tZ 10 y. 1 t+g 6 t� Mid Valley 77tle & Escrow Company Recorded I REC FEE 18.00 d . Order No. APN: 060-110-104-000 Official Records I TAX 97,35 Escrow No. 168593MC County Qf ( Loan No. Butte I WHEN RECORDED MAIL TO: CMDACE J. 6RwBS I Recorder . I • MR. & MRS. DALE E. PENNE 09:80M 29-Sep-1498 I Pagki of 2 30 CARUTHERS LANE CHICO, CA 95973 e �G SPACE ABOVE THIS UNE FOR RECORDERS USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX$32.35 t7 Computed on the consideration or value of property conveyed;OR SAME AS ABOVE Computed on the consideration or value less Sens or encumbrances remaining at time of sale. The tinrfprsi jInPrf Grantor dtnrlarPs Signature of Declarant or Agent determining tax-Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GLEN E. BIGGERS AND SUSAN M. BIGGERS, TRUSTEES OF THE'.BIGGERS FAMILY TRUST DATED DECEMBER 12, 1989 hereby GRAW(S) to DALE E. PENNE and DANIELLE M. PENNE, husband and wife, as Joint Tenants the real property in the City of UNINCORPORATED AREA County of BUTTE State of California, described as SEE ATTACHED LEGAL DESCRIPTION THE BIGGERS FAMILY TRUST DATED DECEMBER 12, 19 9 Dat Pr1 SP,pfpmhPr 24. 1998 } STATE OF CALIFORNIA )B COUNTY OF Butte } Septetttber28, 1998 before me, Mary R. Casebeer, Notary_ Public . personally appeared Glen E. Biggers and Susan M. Biggers personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within Instrument and acknowledged to me that helshe/they executed " the same in his/heritheir authorized capaoity(les), and that by MARY R.CASEBEER his/her/their signature(s) on the Instrument the person(s) or the entity !) COMM.#1136028 In upon behalf of which the person(s) acted, executed the Instrument WITNESS my hand and official seal. r 7 NOTAAYBUT� NIA 0 �Y Canm.Ezplrea AyrM 2COUNTY 7.2001 Signature e ORDER NO. BU-168593 MC DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, AND IS DESCRIBED AS FOLLOWS: PARCEL I: LOT .2 1, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "BIGGERS GLEN SUBDIVISION", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF .BUTTE, STATE OF CALIFORNIA, ON SEPTEMBER 30, 1993, IN BOOK 130 OF MAPS, AT PAGE(S) 51 THRU 58. THIS DEED IS MADE AND ACCEPTED UPON THE COVENANTS, CONDITIONS AND RESTRICTIONS AS SET FORTH IN THAT .. CERTAIN DECLARATION OF RESTRICTIONS RECORDED OCTOBER 1, 1993, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 93-42546, BUTTE COUNTY, CALIFORNIA; ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE THERETO WITH THE SAME FORCE AND EFFECT AS THOUGH FULLY SET FORTH HEREIN AT LENGTH AND GRANTEES BY ACCEPTANCE OF THIS DEED' APPROVE, ADOPT, . RATIFY AND AGREE- TO THE TERMS OF SAID DECLARATION. . PARCEL II: A 20 FOOT EMERGENCY EXIT EASEMENT OVER. LOT 15, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "BIGGERS GLEN SUBDIVISION", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER- OF. THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON SEPTEMBER 30, 1993, IN BOOK 130 OF MAPS, AT PAGE(S) 51 THRU 58. _ — - 1C.:(-d,R;_A 1110'RejLx-st 0( Mid Valley Title A Escrow Company - OrU.:. NO. APN OGO-110-078-000 Escrow No. 128.1 Lan No.' 0?870 9 3--042545 Rec Fee 8.00 Loan N WHEN RECORDED MAJL TO: I Check 8.00 Recorded 1 Official Records 1 MR. 6 MHS. GLEN BIGGERS County of I M1 PIEDMONT COURT Butte I CHICO. CA 95926 Candace J. Grubbs I Recorder 1 8:O0am 1-Oct-93 I MVTC FM 2 MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAU(9=0-- CwMxMd an e10 avnwsron a,waw at prop"o'Ma'et CA ADDRESS ABOVE rmmpu,.d an eM om,waeor, s.eaw w bene ar•,anrira10ea . . remv r ewe a ser: TAA rrryla• innuA yz.P,Mnr rter•7■rwe tipmaa.re of 000""of Ase+e.,rn,a,r,e%a-140%mv" GRANT DEED FOR A VALUABLE CONSIDERATION.rao@0 of which Is hereby aduq,a . GLEN E..BIGGERS AND SUSAN M. BIGGERS. HUSBAND AND WIFE i hereby GRANT(S)lo 1 r i GLEN E. BIGGERS AND SUSAN M. BIGGERS AS TRUSTEES•OP j ' A—HE SBIGGERS FAMILY TRUST DATED DECEMBER 12,1989 I Me real property in the City d UNINCORPORATED AREA , cou ty or BUTTE State dpa CantA daaorbed as SEE ATTACHED OESCR P710N— THIS CONVEYANCE TRANSFERS THE GRANTOR'S INTEREST INTO HER FAMILY TRUST. R b T 11911. I I Dated Ady A t ao2 I GLEN E. 13,nnERS STATE OF CALF` 1_ COUNTY 17F �� r.� z—/ C/ JSAN M. BIGG S. On '�/ babe porswly ueo c• wsorul>y know, to rte(or povod to n10 an the bus al e"&ctory . 0-W-1 1C be tme persomm wrtme nune(si a/ere wbscnbee b ow wars,vnt'WneN and aanoro %dged to n10 that he+ahNt wy executed 1110 same in N4o%W a,wr euhoraed capaasty(ieal. arw VW by h l6t w/aieir OFFIC AL SEAL i9NIH'V(fl on the mtns"vt a10 per"m({(or 1110 entity Low behot a �J•' - ti+aQr aI-usfetIR "^ u10ar ^04d.Danlal ea ,a=euted Mek,sa,n,err WI 'r et. NpTMZr • FI1Rfa TNESS mry hud and ortael seat � �.! 11UTTE CO-STY n " ay Convn.E¢na 7n l9.1941 Sgru!wo �7� cf C •f +��t«� ' . . • C 93- 2545 . DESCRIPTION LOTS T THRU 30 OF THAT CERTAIN SUBoIVISION KNOWN AS `BIGGERS GLEN' WHICH MAP WAS RECORDED ON SEPT. 30, 1993 IN BOOK 130 OF OFFICIAL RECORDS OF BUTTE COUNTY AT PAGES 51 THRU S8. ENO OF DOCUMENT II,I,,,ll�,lt����t��ll,l,,,,l,ll � II�I���I�I�I�I���I��I��I�I���III • II�I���i�l�l�l,���l�l�ll„I�I��I 060070028000 060110021000 060110088000 SIERRA PACIFIC INDUSTRIES KAISER ELIZABETH HERMAN MATTHEW W P O BOX 496014 7589 HUMBOLDT RD 8 SUNLAND DR REDDING CA 96049 BUTTE MEADOWS CA 95942 CHICO CA 95926 060110089000 060110090000 060110094000 PRICHARD WILLIAM G&ELIZABETH MARTIN DEAN S&PATRICIA L JOHNSON EDMOND C SR ANN 16278 STAGE RD P O BOX 1667 7589 HUMBOLDT RD FOREST RANCH -CA 95942 CHICO CA 95927 BUTTE MEADOWS CA 95942 060110104000 060110107000 060110109000 PENNE DALE E&DANIELLE M CURTIS DAVID L ADKISSON JACK R&SHARON F 30 CARUTHERS LN 1676 CAROL AVE 557 BIRD ST CHICO CA 95973 CHICO CA 95928 YUBA CITY CA 95991 060110112000 060110115000 60-110-116 Carter, Harry & Judy AMATOR ALBERT A&CARROLL A BIGGERS FAMILY TRUST 259 Dona 1 d r r. 10130 LOTT RD 1 PIEDMONT CIR DURHAM CA 95938 CHICO CA 95926 Chico, CA 95973 NorthStar Egnineering 20 Declaration Drive Chico, CA 95973 ti f - i �-5scd fv F Q s� n-a O 1 , i fib( �� �-� --J�c1 tecw,, �.. _ :� - a i_ � • . ��! ✓�[�g�,✓ ✓.�-rI`v f'�-; of R �� I; �'' - r f "� '� ''s, t � . '.. •. ' ,ter, 1 . � - � � ' � . . � � � • 1 ' r - y � Y � � �., � ,� � ' � 4 �•�\ ' a �' I.._.. .. rs' NOTICE OF DETERMINATION O d TO: _ Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 C X Butte County ClerkRK Zs� EPUTY, FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: REZ 00-01, Rezone AP Number: 060-110-104 & 115 Applicant: Dale Penne, 30 Caruthers Lane, Chico, CA 95973 State Clearinghouse Number(If submitted to clearinghouse): Contact Person: Dan Breedon Telephone Number: 538-7601 t Project Location: On the west side of Biggers Lane approximately 800 feet north of Humboldt Road, Butte Meadows Project Description: Rezone from TM-5(Timber-Mountain, 5 acre parcel)and TM-2 (Timber-Mountain, 2 acre parcel) to TM-3 (Timber-Mountain, 3 acre parcel) This is to advise that the Butte County Board of Supervisors has approved the above-described project on August 8, 2000, and has made the following determinations regarding the above-described project: 1. The project will,_X_will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were,_X_were not, made a condition of the approval of the project. 4. A statement of overriding considerations was,_X_was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 andy Wil n Principal Planner DECLARATION OF FEES D16 - (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Dale Penne 30 Caruthers Lane Chico, CA 95973 FILING NO. Project Title/file number: CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION ( ) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee ( X) B.' De Minimus Impact-- Certificate of fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION- FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing1Fee $25.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER(Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: October 9, 2000 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. �' 1'��ao.. �4(o'!b . . � �8Z-oo-,a� NOAf+�s . � ..• .. RECEIPT TOTAL PUSUC PUBLIC ENV. NOEMOD DATE NO. RECEIVED WORKS PLANNING SALES HEALTH FIRE F/O FEE OTHER APPLICANT RECEIVED FROM RECEIPT 18646 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING 'SSU D By t..t 00N1-.00 ''t �A f :IE f b Oh't t 2 t ((LL•• �:.. ooh stew vo'oolmo � Gvou A n88TUd SM"'Cl(Vd S Sq �p'iapap a4 L jttj�� ,�z .�. h •.��w:. 6S6 ;1�.;OJ�l�''J� 4��';'. .4 T S 9 AN i CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c,.Title 14, California Code of Regulations) Project Title/Butte County Location: REZ 00-01, on the west side of Biggers Lane approximately 800 feet north of Humboldt Road, Butte Meadows Project Description: Rezone from TM-5 (Timber-Mountain, 5 acre parcel) and TM-2 (Timber- Mountain, 2 acre parcel)to TM-3 (Timber-Mountain, 3 acre parcel) Findings of Exemption (attach as necessary): 1. The County of Butte has conducted an initial study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. . When considering the record as a whole,there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: Randy Wilson Principal Planner Lead Agency: County of Butte Date: October 9, 2000 COUNTY OF BUTTE • Oroville, California r GENERAL CLAIM CLAIMANT: Dale Penne ADDRESS: 30 Caruthers Lane CITY & STATE: Chico, CA 95973 DATE OF CLAIM: October 20, 2000 ` IMPORTANT.- SEE INSTRUCTIONS SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES O REVEF1sESUE DATE DESCRIPTION OF CLAIM DESCRIBE FULLY TO AVOID DELAY AMOUNT 10-20-00 Refund of Remaining Fees for REZ 00-01 $91.9. 15 TOTAL $919. 75 I,the undersigned,declare under penalty of perjury that the services or articles claimed have been performede' ered,and that this claim is true and correct as stated. Dated this day of 20� ,at ZZ ��� C' 1 CV Calif. / , I,the undersigned,hereby certify that,to the best of my knowledge,the services or articles specified above have been performed or delivered and that there is a Budget Appropriation[ ]or Specific Board Approval[ ](Check one)for the same. O Dated this�day of 0 C �irZ 20&. ,at QQ- 't-v1 C Calif. Department Head or Authorized D9puty Dept.Code 480-001 Ex .Code 4210900 PAYABLE FROM General FUND DO NOT WRITE BELOW THIS LINE-AUDITOR'S USE ONLY DEPT.&SUB. PROJ. SUB.OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT. Date 10/26/00 •Development Services Depalment Time 1:54 pm Applicant Billing Worksheet Page 1 REZ 00-01 * Dale Penne 30 Caruthers Lane Chico, CA 95973 In reference to REZ 00-01 Rounding None Full Precision No Last bill Last charge 08/18/00 Last payment / / Amount $0 . 00 Date/Slip# Description. HOURS/RATE AMOUNT TOTAL 01/24/00 Paula A. / C 1 . 00 34 . 00 #28076 Clerical 34 . 00 01/24/00 Larry P. / P 1 . 50 88 . 50 #28189 Processing 59 . 00 04/17/00 Dan B. / P 0 . 50 29 . 50 #29608 Processing 59 . 00 04/17/00 Larry P. / P 0 . 50 29 . 50 #29669 Processing 59 . 00 05/01/00 Dan B. / P 4 . 50 265 . 50 #29854 Processing 59 . 00 05/15/00 Dan B. / P 4 . 00 236 . 00 #30068 Processing 59 . 00 05/15/00 Lynn R. / C 1 . 00 45 . 00 #30206 Clerical 45 . 00 05/15/00 Tammie P. / C 3 . 00 102 . 00 430243 Clerical 34 . 00 05/29/00 Lynn R. / C 1 . 00 45 . 00 #30416 Clerical 45 . 00 06/24/00 Lynn R. / C 0 . 50 22 . 50 #30873 Clerical 45 . 00 07/24/00 Lynn R. / C 2 . 50 112 . 50 #31356 Clerical 45 . 00 07/24/00 Dan B. / P 1 . 00 59 . 00 #31415 Processing 59 . 00 Date 10/26/00 •Development Services Depatment Time 1:54 pm Applicant Billing Worksheet Page 2 REZ 00-01 * :Dale Penne (continued) Date/Slip# Description HOURS/RATE AMOUNT TOTAL 08/07/00 Lynn R. / C 0 . 25 11 . 25 #31661 Clerical 45 . 00 TOTAL BILLABLE TIME CHARGES 21 . 25 $1, 080 . 25 TOTAL BILLABLE COSTS $0 . 00 TOTAL NEW CHARGES $1, 080 . 25 PAYMENTS/REFUNDS/CREDITS 01/20/00 Deposit - Receipt #18140 (2 , 000 . 00) 10/26/00 Refund/Claim Form to Auditor 919 . 75 .TOTAL PAYMENTS/REFUNDS/CREDITS ($1, 080 . 25) NEW BALANCE TOTAL NEW BALANCE $0 . 00 NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 ;` 0 2000 X Butte County Clerk CA _g� 8Y EPUTY FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: REZ 00-01, Rezone AP Number: 060-110-104& 115 Applicant: Dale Penne;30 Caruthers Lane, Chico, CA 95973 State Clearinghouse Number(If submitted to clearinghouse): Contact Person: Dan Breedon Telephone Number: 538-7601 Project Location: On the west side of Biggers Lane approximately 800 feet north of Humboldt Road, Butte Meadows Project Description: Rezone from TM-5 (Timber-Mountain, 5 acre parcel)and TM-2 (Timber-Mountain, 2 acre parcel) to TM-3 (Timber-Mountain, 3 acre parcel) This is to advise that the Butte County Board of Supervisors has approved the above-described project on August 8, 2000, and has made the following determinations regarding the above-described project: 1. The project will,_X_will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were,_X_were not, made a condition of the approval of the project. 4. A statement of overriding considerations was,_X_was not, adopted.for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 andy Wil n Principal Planner • DECLARATION OF FEES DU* (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Dale Penne 30 Caruthers Lane Chico, CA 95973 FILING NO. Project Title/file number: CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION ( ) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De Minimus Impact--Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION- FEE REQUIRED . ( ) A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER.(Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: October 9,2000 TWO COPIES OF THIS FORM MUST BE COMPLETED AND.SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. .4 ONO RECEIPT TOTAL PUBLIC PUBLIC ENV. NOEMOD DATE NO. RECEIVED WORKS L.AFCO PLANNING SALES HEALTH FIRE F/G FEE OTHER APPLICANT RECEIVED FROM RECEIPT 18646 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING 'SSU D By .. ' 4 �-00 IS9f :IEEbO'htt2t :� t'.r�� : ` '�° (�,an,/{`'�•�r'ila< /�,► VO� lob BL846 VO'OOIHO ..(]VON Aun88T11d STA : Jraf{lct i=5 jr:. �( VWVH31 =fi 19 ..: .:f'1•.'. is y,c ,'k.• 4.0.20P.10 ou IF IV '�` 3ti1(121V/J:OE. ;`�t /,Lctaanmm Y ' CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title/Butte County Location: REZ 00-01, on the west side of Biggers Lane approximately 800 feet north of Humboldt Road, Butte Meadows Project Description: Rezone from TM-5 (Timber-Mountain, 5 acre parcel) and TM-2 (Timber- Mountain, 2 acre parcel) to TM-3 (Timber-Mountain, 3 acre parcel) Findings of Exemption (attach as necessary): 1. The County of Butte has conducted an initial study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. . The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above.findings of fact and that based upon the initial study and hearing record the-project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: Randy Wilson Principal Planner Lead Agency: County of Butte Date: October 9, 2000 ORDINANCE NO. 3625 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA,AN TM-3 (TIMBER MOUNTAIN)DISTRICT, PURSUANT TO SECTION 24-25.40. 1 The Board of Supervisors of the County of Butte, State of California, under 2 and pursuant to Section 24-25.40 of the Butte County Code of said County, ORDAINS, as 3 follows: 4 SECTION 1. The hereinafter described area situate in the County of Butte, 5 6 State of California, shall be and it is hereby zoned as an TM-3 (Timber Mountain- 3 acre 7 parcels) District, and such area.shall be subject to the restrictions and restricted uses and 8 regulations pursuant to Butte County Code Section 24-190.10. y 9 Said area so zoned being located in the unincorporated area of Butte County, 10 Chico area,more particularly described as follows: 11 Lots 9 and 21, as shown on that certain map entitled, "Biggers Glen 12 Subdivision", which map was recorded in the office of the Recorder of the County of Butte, State of California,on.September 30, 1993, in Book 130 of 13 Maps, at Pages 51 through 58. 14 SECTION 2. This Ordinance shall be and it is hereby declared to be in full 15 force and effect from and after thirty (30) days after the date of its passage, and before the 16 expiration of fifteen(15) days after its passage, this 17 18 Ordinance.shall be published once with the names of the members of the Board of 19 Supervisors voting for and against it in the Chico Enterprise Record, a newspaper published 20 in the County of Butte, State of California. 21 PASSED AND ADOPTED by the Board of Supervisors of the County of 22 Butte, State of California, on the 8th day of August, 2000, by the following vote: 23 24 AYES: SupervisorsBeeler, Houx, Josiassen, Davis, and Chair Dolan 25 NOES: None 26 ABSENT: None J F 1 NOT VOTING: None 2 3 4JDOLAN, CHAIRunty Board of Supervisors 4 5 ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Board 6 -- 7 8 eputy 9 10 11 12 13 14 15 16 17 18 - 19 20 21 22 23 24. 25 26 ms se �,.•0�r SSU P4,••.4 ;. '•.••NO OFFICE OF Date: 8/23/00 ;TA CLERK OF THE BOARD :* : _ *• Board Action Date: 8/8/00angles �'�'�•: .•'� �'� Minute Order No.: 00-259 Route:® Referral:Z Department Document Action Requested Administration EjAgreement(s) ®File Agriculture E]Application(s) ®Information nAir Quality Management Dist. Budget Transfers ®Necessary Action F-jAssessor Certified Minutes EjSignature DAuditor-Controller nClaims ORecommendation Behavioral Health Correspondence Record County Clerk E:]Deed(s) DReport to Board nElections F]Notice of Completion F]Return Copy to: Recorder ®Ordinance(s) EjReturn Original to: nCounty Counsel [:]Resolution(s) F]W/O Enclosures ®Development Services ❑ ❑ nPlanning/LAFCO F District Attorney Farm & Home Advisor Fire Department nGeneral Services n .ol Library 60 Personnel F-11'r6bation Public Guardian Public Health Environmental Health F-jPublic Works Land Development Sheriff-Coroner Superior Court Treasurer-Tax Collector ❑Welfare Water& Resource Conservation Agenda Item: 5.02 Comments: Ordinance 3625, Dale Penne rezone Distribution: F] Department nuCEIVED ❑ Auditor nivi n Clerk of Board AUG 2 4 2027 BUTTE COUNTY PLANNTwr_rnvTCT0W- OQUE coma ��lA1U.li.LC.►,�a i, a f. - - utte ount .s. _ LAND OF NATURAL WEALTH AND. BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE,CALIFORNIA 95965-3397 _ TELEPHONE: (530)538-7601 FAX: (530)538-7785 August 9, 2000 Dale Penne 30 Caruthers Lane Chico, CA 95973 Re: Rezone, File REZ 00-01, APN 060-110-104 & 115 Dear Mr. Penne: At the regular meeting of the Butte County Board of Supervisors held August 8, 2000, Ordinance No. 3625 was adopted which rezones from TM-2 and TM-5 to TM-3 that property located on the west side of Biggers Lane approximately 800 feet north of Humboldt Road, Butte Meadows. A Notice of Determination (NOD) should be filed for purpose of completing the California environmental quality Act requirements. The fee for filing the NOD is a $25.00 document handling fee. A check made payable to the Butte County Treasure in the amount of.$25.00 should be submitted to the Planning Division in order to complete the process. Project applicants should be aware Section 21089(b) of the Public Resources Code, provides that any project approved under the CEQA is not operative, vested, or final until the filing fees required under Section 711.4:of the-Fish'and Game Code-are paid.. The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure Section 1094.6. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final, except that where a shorter time . limit is provided by State or Federal law, such shorter time limit shall apply. Should you have any questions regarding this matter, please contact Dan Breedon at the Planning-Division between 8:00 a.m. and-4:00 p.m., Monday through Friday. Sincerely, �G91�itJ Lynn Richardson Planning/Administrative Support Service Assistant /Ir cc: NorthStar Engineering t . ��h l4(0�lb Z-oa-csi MOP te, ; ar DATE RECEIPT TOTAL PUBLIC LAFCO PLANNING PUBLIC ENV. FIRE NOEMOD OTHER APPLICANT RECEIVED FROM NO. RECEIVED WORKS SALES HEALTH FIG FEE RECEIPT 18646 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSU D BY c Q W"—5-4 .L, s �,S?•z 4i `*� F-i7l«" :r `y, �i_Y, }v,11 '.A v im' �s ilk N", i * ` 7 �R rZr yy • "� ' �+ C S S • IS Ott 00��l 00 T,'S_ .I� E 60tit't 2 t :�~ - i��1;'� t<'i���7 i � xb -ata-...; •�,.���,i "t,l�,��° p•.:r •� ,1 Mi..�, /7� �O� ]O-4 1�' t � I X5 :4 r.SJ.gid•` Y Z� ,�' 3r �: 9Z696 VO•0311-13r OVOHanesllld SZOZ°c s ` )iNtlB bIWbIH31 ! 8 yf+ }' f✓: , 5•y ,5 jO laprp ay c �.� '!1`. '� � 1.� •s. � h� j r ; � �-E,.�i Cy�' �'w' � :~y,4L d �" x v •• !< !�;,•`ti F � 3.3�..s! ��:r�y-:� .Oji.,hhr ";{)�l�,���- a n•.s 5.r`'� �� LSL6 6S6 ,V7 0:W D •',., ;��+�+� �'I l Sa3Fllf121lrJ'Of'te,��� T 5 9�� a.L`:f'x': !:`;.` ,: 0 b68 O£5• PFJ 41un e :,:� `r ItZUCIBOV-as 3NN3d W537l�INdd' ir. t �Q1'r°du., .f- r 1 f i9�'a L's7 8u14roN 3NN3d;337Vt7 ,, e r tjr BUTTE COUNTY CLERK OF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: AGENDATITLE: Dale Penne — Rezone — REZ 00=01 DEPARTMENT: DDS, Planning, Div. DATE: 7/26/00 MEETING DATE REQUESTED: 8/8/00 CONTACT: Dan Breedon PHONE: 7601 REGULAR X CONSENT DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: See Attached AGENDA ITEM SUBMITTAL REQUIRES THE ORIGINAL AND NINE (9) COPIES ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No CAO OFFICE USE ONLY If yes,complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No V Administrative Office Review If yes,complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda dea tne) Will Proposal Require an Agreement: Yes No 4/5's Vote Required: Yes: No: Auditor-Controller's Number(if required): County Counsel's Approval: Yes No ✓ Date Receivedby Clerk of Board: Will Proposal Require Additional Personnel: Yes No Number of Permanent: Temp Extra Help Previous Board Action Date: Additional Information Attached:Yes X No Describe: Packe t s Rev.1198 • SPE kL INSTRUCTIONS TO CLE Number of originals required to be returned to Department: "Please Note" Department is responsible for returning contract to contractor. Clerk of the Board returns' completed Auditor's copy ONLY. ' i , Requested Board Actio , Ordinance Required Resolution Required Minute Order Required For Information Only BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Funding Source Source of Additional Funds Requested Estimated Cost• $ Contingencies $ (Fund Name: ) (Fund Number: ) Amount Budgeted $ Unanticipated Revenue $ (Budget unit Number: ) (Source: ) (Fund Name: _) (Rev.Code: ) (Fund Number: ) Other Transfer(s) $ 1. Complete worksheet below 2. Deadline is one business day Drj2[ to normal agenda deadline -------------- -------------- -------------- -------------- Additional Requested $ Total Source of Funds $ Annualized cost$ if also planned for next year. Budget Transfer Authorized By Administrative Office Board Action Required for B-Transfer? Yes No Authorized Signature Date BUDGET TRANSFER REQUEST WORKSHEET Transfer Request: • AMOUNT LINE ITEM LINE ITEM Transfer$ (No Cents)From. To Transfer$ (No Cents)From To Transfer$ (No Cents)From To Transfer$ '' (No Cents)From To SUMMARY: Dale Penne,Rezone of a 5 (+/-) acre parcel from TM-5 (Timber-Mountain, 5 acre parcels)to TM-3 (Timber-Mountain, 3 acre parcels) and rezone of a 1.95 (+/-) acre parcel from TM-2 (Timber- Mountain, 2 acre parcels) to TM-3. The property is located east of and adjacent to Bigger's Lane and Greenmoore Court, east of the intersection of Maddrill Lane and Bigger's Lane, in the community of Butte Meadows. APN 060-110-104 and 060-110-115 (DB) (REZ 00-01) ACTIONS FOR CONSIDERATION Staff recommends that the Board of Supervisors take the following actions: I. Adopt a Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act, and no significant environmental impacts were identified. B. The Board of Supervisors independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and hereby finds that a Negative Declaration adequately represents impacts associated with this project and reflects the independent judgement of Butte County, which is the Lead Agency. C. Find, on the basis of the whole record before the Board of Supervisors, including the Initial Study and any comments received, that there is no substantial evidence that the Dale Penne Rezone,Planning Division File No.Rez 00-01 will have a significant effect on the environment. II. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a"de minimus"exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not recommended. III. Approve Rezone 00-01 for Dale Penne and adopt an Ordinance rezoning from TM-2 and TM-5 to TM-3, property identified as APNs: 060-110-104 and 060-110-115, with the following findings: 1. The project is consistent with the Agricultural Residential General Plan designation as supported by the following: A. The proposal is not incompatible with any adjacent agricultural operation, since no agricultural operation is adjacent. B. The project is in an area provided with adequate private water service and on- site sewage disposal capability 1 C. A Butte County Fire station is located within the community of Butte Meadows, approximately 1000 feet south. D. Private access to the property is provided by Bigger's Lane and Greenmoore Court. E. The property is reasonably accessible to commercial services and schools. 2. The existing 5.2 and 1.95 acre parcels conform to the proposed TM-3 (Timber Mountain, 3-acre parcels) zone. 3. Future residential development shall be required to comply with Public Resources Code 4290 (Fire Safe Regulations). 4. The Butte County Fire Department indicates that a pressurized water system is available for fire protection purposes. 2 i TABLE OF CONTENTS Agenda Item Form Board Agenda Report PAGE Attachment A: General Plan and Zoning Map 1 Attachment B: Draft Ordinance 2 Attachment C: June 8, 2000, Planning Commission Agenda - Report/Minutes 4 Attachment D: Initial Study 11 Attachment E: Exhibit Map 38 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT -AUGUST 8, 2000 Applicant: Dale Penne Location: The property is located east of and adjacent to Bigger's File#: Rez 00-01 Lane and Greenmoore Court, east of the intersection of Request: The applicant request a Maddrill Lane and Bigger's rezone of a 5 (+/-) acre parcel Lane, in the community of from TM-5 (Timber- Butte Meadows. Mountain; 5 acre parcels) to TM-3 (Timber-Mountain, 3 Parcel Size: 5.2 and 1.95-acres, acre parcels) and rezone of a 1.95 (+/-) acre parcel from Zone date: November 5, 1991 TM-2 (Timber-Mountain, 2 acre parcels) to TM-3. Supervisor District: 3 G.P.: Agricultural Residential Attachments: Zoning: TM-5 and TM-2 A. General Plan and Zoning Map B. Draft Ordinance APNs: 060-110-104 C. June 8, 2000 Planning Commission and 060-110-115 Agenda Report/Minutes Project D. Initial Study Planner: Daniel C. Breedon, E. Exhibit Map Senior Planner STAFF COMMENT: The Planning Commission recommends approval of this Rezone with findings. PROJECT DESCRIPTION/SITE CHARACTERISTICS: The applicants request a rezone of a 5 (+/-) acre parcel .from TM-5 (Timber-Mountain, 5 acre parcels)to TM-3 (Timber-Mountain, 3 acre parcels)and rezone of a 1.95 (+/-) acre parcel from TM- 2 (Timber-Mountain, 3 acre parcels) to TM-3. The General Plan designates the property as Agricultural Residential. The proposed rezone will make the zoning between the two parcels consistent, and benefit a future lot line adjustment. The lot line adjustment will improve an existing building site on the 1.95 acre parcel. ■ BUTTE COUNTY PLANNING COMMISSION ■AGENDA REPORT ■August 8,2000 ■ PAGE 1 ■ This project is located within an existing subdivision. The property is undeveloped. The site is level and forested. Access is provided by Bigger's Lane and Greenmoore Court. ANALYSIS The Planning Commission found the proposed rezone consistent with the Agricultural Residential General Plan designation and found that the rezone met the conditional zoning criteria required by the Agricultural Residential General Plan designation. Further analysis of this Rezone proposal can be found on Page 2 of the Planning Commission Agenda Report, attached. ACTIONS FOR CONSIDERATION Staff recommends that the Board of Supervisors take the following actions: I. Adopt a Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act, and no significant environmental impacts were identified. B. The Board of Supervisors independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and hereby finds that a Negative Declaration adequately represents impacts associated with this project and reflects the independent judgement of Butte County, which is the Lead Agency. C. Find, on the basis of the whole record before the Board of Supervisors, including the Initial Study and any comments received, that there is no substantial evidence that the Dale Penne Rezone,Planning Division File No.Rez 00-01 will have a significant effect on the environment. II. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a"de minimus"exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not recommended. III. Approve Rezone 00-01 for Dale Penne and adopt an Ordinance rezoning from TM-2 and TM-5 to TM-3, property identified as APNs: 060-110-104 and 060-110-115, with the following findings: 1. The project is consistent with the Agricultural Residential General Plan designation as supported by the following: A. The proposal is not incompatible with any adjacent agricultural operation, since no agricultural operation is adjacent. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 9 August 8,2000 ■PAGE 2 0 B. The project is in an area provided with adequate private water service and on- site sewage disposal capability C. A Butte County Fire station is located within the community of Butte Meadows, approximately 1000 feet south. D. Private access to the property is provided by Bigger's Lane and Greenmoore Court. E. The property is reasonably accessible to commercial services and schools. 2. The existing 5.2.and 1.95 acre parcels conform to the proposed TM-3 (Timber Mountain, 3-acre parcels) zone. 3.. Future residential development shall be required to comply with Public Resources Code 4290 (Fire Safe Regulations). 4. The Butte County Fire Department indicates that a pressurized water system is available for fire protection purposes. K:\PROJECTS\PEZ\PENNE.REZ\BOSRPT.WPD ■ BUTTE COUNTY PLANNING COMMISSION ■AGENDA REPORT ■August 8,2000 ■ PAGE 3 ■ i • ORDINANCE NO. AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA,AN TM-3 (TIMBER MOUNTAIN)DISTRICT, PURSUANT TO SECTION 24-25.40. 1 The Board of Supervisors of the County of Butte, State of California, under 2 and pursuant to Section 24-25.40 of the Butte County Code of said County, ORDAINS, as 3 follows: 4 5 SECTION 1. The hereinafter described area situate in the County of Butte, 6 State of California, shall be and it is hereby zoned as an TM-3 (Timber Mountain - 3 acre 7 parcels) District, and such area shall be subject to the restrictions and restricted uses and 8 regulations pursuant to Butte County Code Section 24-190.10.- 9 Said area so zoned being located in the unincorporated area of Butte County, 10 Chico area, more particularly described as follows: 11 Lots 9 and 21, as shown on that certain map entitled, "Biggers-Glen 12 Subdivision", which map was recorded in the office of the Recorder of the County of Butte, State of California, on September 30, 1993, in Book 130 of 13 Maps, at Pages 51 through 58. 14 SECTION 2. This Ordinance shall be and it is hereby declared to be in full 15 force and effect from and after thirty (30) days after the date of its passage, and before the 16 expiration of fifteen(15) days after its passage, this 17 18 Ordinance shall be published once with the names of the members of the Board of 19 Supervisors voting for and against it in the Chico Enterprise Record, a newspaper published 20 in the County of Butte, State of California. 21 PASSED AND ADOPTED by the Board of Supervisors of the County of 22 Butte, State of California, on the day of , 2000, by the following 23 vote: 24 25 AYES: 26 NOES: 1 ABSENT: i 2 NOT VOTING: 3 4 JANE DOLAN, CHAIR Butte County Board of Supervisors 5 6 ATTEST: JOHN S. BLACKLOCK, Chief Administrative 7 Officer and Clerk of the Board 8 9 By 10 Deputy 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4'3 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT-June 8, 2000 Applicant: Dale Penne. Location: The property is located east of and adjacent to Bigger's File#: Rez 00-01 Lane and Greenmoore Court, east of the intersection of Request: The applicant request a Maddrill Lane and Bigger's rezone of a 5 (+/-) acre parcel Lane, in the community of from TM-5 (Timber- Butte Meadows. Mountain, 5 acre parcels) to TM-3 (Timber-Mountain, 3 . Parcel Size: 5.2 and 1.95-acres acre parcels) and rezone'of a 1.95 (+/-) acre parcel from Zone date: November 5, 1991 TM-2 (Timber-Mountain, 3 acre parcels) to TM-3. Supervisor District: 3 G.P.: Agricultural Residential Attachments: Zoning: TM-5 and TM-2 A. Conditional Zoning B. General Plan and Zoning Map APNs: 060-110-104 C. Vicinity Map and 060-110-115 D. Initial Study Project E. Exhibit Map Planner: Daniel C. Breedon, Senior Planner STAFF COMMENT: Staff recommends the Planning Commission recommend approval of this project to the Board of Supervisors with findings. PROJECT DESCRIPTION/SITE CHARACTERISTICS: The applicants request a rezone of a 5 (+/-) acre parcel from TM-5 (Timber-Mountain, 5 acre parcels) to TM-3 (Timber-Mountain, 3 acre parcels) and rezone of a 1.95 (+/-) acre parcel from TM- 2 (Timber-Mountain, 3 acre parcels) to TM-3. The General Plan designates the property as Agricultural Residential. The proposed rezone will make the zoning between the two parcels consistent, and benefit a future lot line adjustment. The lot line adjustment will improve an existing building site on the 1.95 acre parcel. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ JUNE 8, 2000 ■ PAGE I ■ I This project is located within an existing subdivision. The property is undeveloped. The site is level and forested. Access is provided by Bigger's Lane and Greenmoore Court. ANALYSIS: General Plan Consistency The TM-3 zone is shown to be conditionally consistent with the Agricultural Residential General Plan land use designation. This means that the proposal must meet the development criteria for conditionally consistent projects as outlined by the Agricultural Residential General Plan designation. Staff finds that these criteria have been met and findings are attached to this report that support the project's consistency with the General Plan. Surrounding Uses and Compatibility The properties consist of two existing parcels within the Bigger's Glen Subdivision. This subdivision consists of 30 residential parcels approximately 1 to 9 acres in size most of which have not been developed. This subdivision includes TM-2, TM-3 and TM-5 zoning. These three zones reflect the underlying parcel sizes. The proposed TM-3 zone is consistent with the surrounding zoning and land uses. No additional parcels will be permitted under this proposed rezone. The rezone will serve to more accurately reflect the size of the properties when the lot line adjustment is approved. ACTIONS FOR CONSIDERATION Staff recommends that the Planning Commission take the following actions: I. Recommend the Board of Supervisors adopt a Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act, and no significant environmental impacts were identified. B. The Planning Commission independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and hereby finds that a Negative Declaration adequately represents impacts associated with this project and reflects the independent judgement of Butte County, which is the Lead Agency. C. Find, on the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, that there is no substantial evidence that the Dale Penne Rezone, Planning Division File No. Rez 00-01 will have a significant effect on the environment. H. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a"de minimus"exemption regarding impact to fish and BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ JUNE 8, 2000 ■ PAGE 2 ■ wildlif6 or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not recommended. III. Recommend approval of Rezone 00-01 for Dale Penne to the Board of Supervisors and recommend that the Board of Supervisors adopt an Ordinance rezoning from TM-2 and TM- 5 to TM-3 property identified as APNs: 060-110-104 and 060-110-115, with the following findings: 1. The project is consistent with the Agricultural Residential General Plan designation as supported by the following: A. The proposal is not incompatible with any adjacent agricultural operation, since no agricultural operation is adjacent. B. The project is in an area provided with adequate private water service and on- site sewage disposal capability C. A Butte County Fire station is located within the community of Butte Meadows, approximately 1000 feet south. D. Private access to the property is provided by Bigger's Lane and Greenmoore Court. E. The property is reasonably accessible to commercial services and schools. 2. The existing 5.2 and 1.95 acre parcels conform to the proposed TM-3 (Timber Mountain, 3-acre parcels) zone. 3. Future residential development shall be required to comply with Public Resources Code 4290 (Fire Safe Regulations). 4. The Butte.County Fire Department indicates that a pressurized water system is available for fire protection purposes. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ JUNE 8,2000 ■ PAGE 3 ■ A 'C _ TEHAMA COUNTY BUTTE COON Rco CD ... r,` fig C Dlanb dlk 4 Dale Penne,proposed Negative Declaration regarding environmental impacts and Rezone of a 5 +/- acre parcel from TM-5 (Timber Mountain - 5 acre parcels) to TM-3 (Timber Mountain - 3 acre parcels) and Rezone of a 1.95 +/-acre parcel from TM-2 (Timber Mountain-2 acre parcels)to TM- 3. The property is located east of and adjacent to Biggers Lane and Greenmoore Court, east of the intersection of Maddril Lane and Biggers Lane, in the community of Butte Meadows. APN 060- 110-104'and 115 (DB) (FILE REZ 00-01) Mr. Breedon gave a brief summary of the project. Commissioner Lambert said there are two parcels, one at 5 acres and one at 2 acres, and the applicant is asking that all 7 acres be zoned TM-3. Mr. Breedon said that is correct. He said the applicant now has two parcels, but would like to do a Lot Line Adjustment, which takes approval of this rezone. He said at the end, the applicant will still have only two parcels. The hearing was opened to the public. Myles Pustejovsky,NorthStar Engineering, explained the need for the rezone to do the Lot Line Adjustment later because of where the applicant wishes to place his house. Ken Reimers, Assessor, said he supports this rezone request where it fronts on a paved road. The hearing was closed. It was moved by Commissioner Nelson, seconded by Commissioner Lambert, and unanimously carried to recommend approval of this rezone for Dale Penne, REZ 00-01, subject to the findings listed below. I. Recommend the Board of Supervisors adopt a Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act, and no significant environmental impacts were identified. B. The Planning Commission independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and hereby finds that a Negative Declaration adequately represents impacts associated with this project and reflects the independent judgement of Butte County, which is the Lead Agency. C. Find, on the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, that there is no substantial evidence that the Dale Penne Rezone, Planning Division File No. Rez 00-01 will have a significant effect on the environment. II. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a"de minimus"exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not recommended. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JUNE 8,2000 ■ III. Recommend approval of Rezone 00-01 for Dale Penne to the Board of Supervisors and recommend that the Board of Supervisors adopt an Ordinance rezoning from TM-2 and TM-5 to TM-3 property identified as APNs: 060-110-104 and 060-110-115, with the following findings: 1. The project is consistent with the Agricultural Residential General Plan designation as supported by the following: A. The proposal is not incompatible with any adjacent agricultural operation, since no agricultural operation is adjacent. B. The project is in an area provided with adequate private water service and on-site sewage disposal capability C. A Butte County Fire station is located within the community of Butte Meadows, approximately 1000 feet south. D. Private.access to the property is provided by Bigger's Lane and Greenmoore Court. E. The property'is reasonably accessible to commercial services and schools. 2. The existing 5.2 and-1.95 acre parcels conform to the proposed TM-3 (Timber Mountain, 3- acre parcels) zone. 3. Future residential development shall be required to comply with Public Resources Code 4290 (Fire Safe Regulations). 4. The Butte County Fire Department indicates that a pressurized water system is available for fire protection purposes. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JUNE 8,2000 ■ I Project:Biggers/Penne Rezone 00-01 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: 1. Name of Proponent: Glen Biggers & Dale Penne 2. Address: 30 Caruthers Lane, Chico Phone: 530-894-0134 3. Name of Proposal: Biggers/Penne Rezone (REZ 00-01) 4. Type of Project: Rezone 5. Project Description: The applicants request a rezone of a 5 (+/-) acre parcel from TM-5 (Timber-Mountain, 5 acre parcels)to TM-3 (Timber-Mountain, 3 acre parcels) and rezone of a 1.95 (+/-) acre parcel from TM-2 (Timber-Mountain, 3 acre parcels) to TM-3. The General Plan designates the property as Agricultural Residential. The proposed rezone will make the zoning between the two parcels consistent, and benefit a future lot line adjustment. The lot line adjustment will improve an existing building site on the Penne property. Generally, the specific environmental issues that may result from a subdivision allowed by a rezone would be completely addressed when an application is made for a subdivision, which indicates parcel configurations and access design. However, this rezone proposal will not result in the capability to create additional parcels through a subdivision. This Initial Study addresses the impacts directly related to a change in the zoning designation. 6: Location of project- The property is located east of and adjacent to Biggers Lane and Greenmore Court, east of the intersection of Maddrill Lane and Biggers Lane, in the community of Butte Meadows. 7. Setting: This project is located within an existing subdivision. The property is undeveloped. The site is level and is forested. Access is provided by Biggers Lane and Greenmore Court. 6. Assessor's Parcel Numbers: 060-110-104 and 060-110-115 7. Date Checklist Submitted: May 15, 2000 -8. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None. 0 Butte County Department of Development Services ❑ Planning Division 0 110 Project:Biggem/Penne Rezone 00-01 H. DETERMINATION: On the basis of this initial evaluation: Lk I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE 'DECLARATION will be prepared. * I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. 0 I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IlVIPACT REPORT is required. 0 I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. U I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Daniel C. Breedon, Senior Planner Date 09 ReviKed by: ndy Wilson, Principal Planner Date ' III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially affected by this project, involving at least one .impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 2 Project:Biggers/Penne Rezone 00-01 ❑ Aesthetics 0 Agriculture Resources ❑ Air Quality 0 Biological resources ❑ Cultural Resources 0 Geology/Soils ❑ Hazards/Hazardous Materials 0 Hydrology/Water Quality 0 Land Use/Planning 0 Mineral Resources ❑ Noise ❑ Population VHousing ❑ Public Services ❑ Recreation ❑ Transportatiow7raffic ❑ Utilities/Service Systems 0 Mandatory Findings of Significance EVALUATION OF ENVERONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone. A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project-specific screening analysis.) I 2) All answers must take account of the whole action involved including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. 0 Butte County Department of Development Services 0 Planning Division ❑ 3 . • • // Project:Biggen/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any,to reduce the impact to less than significant. IV. ENVIRONMENTAL IMPACTS: 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? K c) Substantially degrade the existing visual character or quality of the site ❑ Butte County Department of Development Services 0 Planning Division 0 413 i � • Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially VVth Than Significant Mitigation Significant No Impact Incorporated Impact Impact and its surroundings? d Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? �t Response: This project will not affect a scenic vista nor have a demonstrable negative aesthetic effect. The site is not located along a State or County designated scenic highway Mitigation: None required. 2, AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department. of Conservation as an optional model to use in assessing impacts on agriculture and farmland . Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of 0 Butte County Department of Development Services 0 Planning Division 0 514 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Farmland, to non-agricultural use? K Response: The property is not currently used for any agriculturally related use. There is no Williamson Act contract affecting this property, since the property is not considered agricultural land. No impact is anticipated to agricultural resources as a result of this project. Mitigation: None required. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? x b) Violate any air quality standard ori, contribute substantially to an existing or projected air quality violation? K c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d)Expose sensitive receptors to substantial pollutant concentrations? K e) Create objectionable odors affecting a substantial number of people? X Response: ❑ Butte County Department of Development Services ❑ Planning Division 0 6 15 Project:Biggers Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated- Impact Impact a. - d. The project will not contribute any air quality impact, since no new development is proposed. e. This proposed change to the zoning districts will not create significant objectionable odors, smoke or fumes beyond what is customary and expected from residential uses at rural densities. Mitigation: None required. 4. BIOLOGICAL RESOURCES. Would the project: a)Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Fish and Wildlife Service? )t b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? �t c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d) Interfere substantially with the movement of any native resident or ❑ Butte County Department of Development Services ❑ Planning Division ❑ 716 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? x e) Conflict with any local policies or ordinances protectingbiological resources such as a tree preservation policy ordinance. 1t fj Conflict with the provisions of an adopted Habitat Conservation Plan. Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? x Response: The property is within the East Tehama critical summer deer range. Because the change in zoning to TM-3 in and of itself will not cause any environmental impacts, no mitigations.are recommend for project approval. It is not recommended that Fish and Game Filing fees be required, and a Deminimus impact finding shall be made with respect to the project's impact on fish and wildlife. Mitigation: None required. 5. CULTURAL RESOURCES. Would the project: a) Cause'a substantial adverse change in the significance of a historical resource as defined in §15064.5? �t b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? X c) Directly'or indirectly destroy a ❑` Butte County Department of Development Services ❑ Planning Division ❑ 817 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact unique paleontological resource or site or unique geologic feature? _ )t d) Disturb any human remains, including those interred outside of formal cemeteries? k Response: According to Butte County constraints mapping, the project. site is located in an area considered to have a high archeological sensitivity. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or above bodies of water. This mapping is general in nature and basis the probability of archeological significance on the physical characteristics and history of different areas of the County. Classification of this property as having a high sensitivity for archeological resources does not in itself indicate the presence of archaeological resources. Because the change in zoning to TM-3 in and of itself will not cause any additional development activity, no mitigations are recommend for project approval. Mitigation: None required. 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: X 1) Rupture of a known earth- quake fault, as delineated on the most recent Alquist-priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other sub- stantial evidence of a know fault? Refer to Division of Mines and Geology Special Publication 42. 1t 0 Butte County Department of Development Services ❑ Planning Division 0 9 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 2) Strong seismic ground Shaking? )t 3) Seismic-related ground failure, including liquefaction? X 4). Landslides? �t b) Result in substantial soil erosion or the loss of topsoil? )t c)Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off site landslide, lateral spreading, subsidence, liquefaction or collapse? X d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating sub- stantial risks to life or property? K e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste water? X Res op nse: a.1. The Seismic Safety Element indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The closest mapped Fault-Rupture Zone is the Cleveland Hills Fault line which is located 36 miles to the southeast: No impacts are 0 Butte County Department of Development Services 0 Planning Division 0 1019 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact anticipated as a result of fault rupture and no seismic related requirements are necessary. a.2. The intensity of ground shaking at any specific site depends on the characteristics of the earthquake,the distance from the earthquake, and on the local geologic soils and conditions. At present, there is insufficient data to predict accurately the expected ground motions at various locations in Butte County. a.3. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has no potential for liquefaction. No impact is anticipated. a.4. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is a moderate potential for landslides in this area. Since this site is level and not close to any unstable slopes, no Impact is anticipated. b. The Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that erosion potential of this site is moderate. No impact is anticipated from the proposed rezone, which does not in itself allow for additional development. C. No impact is anticipated from instability, landslide, lateral spreading, subsidence, liquefaction or collapse. d. The Conservation Element's Expansive Soils Map indicates that the project site has a moderate expansive soil designation. No impact is anticipated. e. The Butte County Environmental Health Department reviewed the project and had no requirements. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a).Create a significant hazard to the public or the environment through the routine transport use, or disposal of hazardous materials? K 'b) Create a significant hazard to the public or the environment through 0 Butte County Department of Development Services 0 Planning Division ❑ 11 20 � O Project:Biggers/Penne Rezone 00-01 Less Than Significant. Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? �t c)Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed schools? 1t d) Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 1t e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X 0 For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? X g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including 0 Butte County Department of Development Services ❑ Planning Division 0 1221 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation . Significant No Impact Incorporated Impact Impact where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 11C Response: a. - g. The project will not interfere with any airport or emergency response plan nor is located on a site that is included on a list of hazardous materials sites compiled pursuant to Goverrunent Code Section 65962.5. h. The Butte County Fire Department/California Department of Forestry indicates that future construction is required to conform the Fire Safe Regulations (Public Resources Code Section 4290). This will be required at the time of building permit issuance. Mitigation: None required. 8. HYDROLOGY AND.WATER QUALITY. PVould the project: a) Violate any water quality standards or waste discharge requirements? X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? K c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would ❑ Butte County Department of Development Services ❑ Planning Division ❑ 13 22 Project:BiggeWPenne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact result in substantial erosion or siltation on- or off-site? X d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? �t e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? )t f) Otherwise substantially degrade . water quality? X g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? — X h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? X I) Expose people or structures to a significant risk or loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X j) Inundation by seiche, tsunami, or mudflow? X ❑ Butte County Department of Development Services ❑ Planning Division ❑ 14 23 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact es onse: a. - f. No additional impact is expected in these areas since the rezone does not permit any further development, beyond the two building sites that are already permitted. g. - I. The project is shown to be clear of the 100-year flood zone per Flood Insurance Rate Pane#06007C0075C dated June 8, 1998. j. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact shall be incurred with respect to these natural hazards. Mitigation: None required. 9. LAND USE AND PLANNING. Would the project? a) Physically divide an established community? X b) Conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? )t c) Conflict with any applicable habitat conservation plan or natural community conservation plan? )t Response: a. The project will not physically divide an established community. No impact shall be incurred. 0 Butte County Department of Development Services 0 Planning Division 0 1524 Project:Biggei*Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact b. The TM-3 zone is shown to be conditionally consistent with the Agricultural Residential General Plan land use designation. This means that the proposal must meet the development criteria for conditionally consistent projects as outlined by the Agricultural Residential General Plan designation. Staff finds that these criteria have been met as supported by the following: 1. The proposal will not be incompatible with any adjacent agricultural operation, since no agricultural operation is adjacent. 2. The project is in an area provided with adequate water and on-site sewage disposal capability 3. A Butte County Fire station is located in within the community of Butte Meadows. 4. Access to the property is provided by Biggers Lane and Greenmoore Court. 5. The property is reasonably accessible to commercial services and schools. C. The proposal will not conflict with any applicable habitat conservation plan or natural community conservation plan. 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents or the state? X b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? K ❑ Butte County Department of Development Services 0 Planning Division ❑ 1625 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: a. - b. The property is not known to contain any important mineral resources of value to the region. No impact shall be incurred. Mitigation:.None required. 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels: x c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 1t d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X I e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, ❑ Butte County Department of Development Services ❑ Planning Division ❑ 172'6 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact would the project expose people residing or working in the project area to excessive noise levels? X f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Response: a. - d. This rezone project will not cause an increase in noise or expose people to severe noise levels. Mitigation: None Required. 12. .POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly(for example, through extension of roads or other infrastructure? X b) Displace substantial numbers of . existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Response: a. Butte County population has grown at a rate at or below all official population projections for the past 10 years. Projected population for 1990 was 195,000, while ❑ Butte County Department of Development Services 0 Planning Division ❑ 18 2.7 Project:Biggers/Penne Rezone 00-01 Less Than Significant , Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact the actual census population was 182,000. The estimated population for January 1, 1999, the latest figures available, was 201,935. The proposed rezone would not change the allowed density of parcels and therefore presents no impact to population and housing in the area. b. - c. The project will not displace individuals or housing. If the land is subdivided additional housing could be developed. No impact shall be incurred. Mitigation: None required. g 13. PUBLIC SERVICES. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? T— X b) Fire protection? X c) Police Protection? 1t d) Schools? X e) Parks? X 0 Other public services? _ x Res : Since no additional development is proposed or allowed by the rezone, no impact,to public services is expected. ❑ Butte County Department of Development Services 0 Planning Division ❑ 1928 Project:Biggers/Penrie Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated' Impact Impact Mitigation: None required. 14. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? K Response: a - b. Since no additional development is proposed or-allowed by the rezone, no impact to recreation is expected. Mitigation: None required. 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system(i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? X b) Exceed, either individually or cumula- tively, a level of service standard established by the county congestion management ❑ Butte County Department of Development Services ❑ Planning Division ❑ 0 2029 Project:Biggers/Peme Rezone 00-01 Less Than Significant Less Potentially VVth Than Significant Mitigation Significant No Impact Incorporated Impact Impact agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? )t d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? �t e) Result in inadequate emergency access? )t 0 Result in inadequate parking capacity? _ X g) Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? _ X Response: a - g. Since no additional,development is proposed or allowed by the rezone, no impact to traffic,is expected. The property is already served with adequate access by Biggers Lane and Greenmoore Court. Mitigation: None required. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality . Butte County Department of Development Services ❑ Planning Division ❑ 21 30 Project:Biggers/Penne Rezone 00-0[ Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Control Board? �t b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? K c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 1t e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the . provider's existing commitments? �t f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? 1t g).Comply with federal, state, and local statutes and regulations related to solid waste? X Response: ❑ Butte County Department of Development Services ❑ Planning Division ❑ 22 31 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially VVith Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. - g. Since no additional development is proposed or allowed by the rezone, no impact to traffic is expected. 17. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California hist or prehistory? )t b) Does the project have impacts that are individual) limited but cumulatively Y considerable? ("Cumulatively consider- able" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? 1t c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 1t Response: 0 Butte County Department of Development Services 0, Planning Division 0 23 32 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. and d. The proposed rezone will not degrade the environment, have environmental effects which will cause substantial adverse effects on human beings or have cumalitive impacts. r ❑ Butte County Department of Development Services ❑ Planning Division to 2433 Project:Biggers/Penni Rezone 00-01 V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: No mitigations are recommended. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 25 , Project:Biggers/Penne Rezone 00-01 DATA SHEET A. Project Description 1. Type of Project: Rezone 2. Proposed Density of Development: 3-acres 3. Amount of Impervious Surfacing: 1 dwelling/3-acres 4. Access and Nearest Public Road: Biggers Lane, Greenmore Court, both County roads. 5. Method of Sewage Disposal: Individual septic systems. 6. Source of Water Supply: Individual on-site domestic wells. 7. Proximity of Power Lines: To.property: 8. Potential for further land divisions and development: None. B. Environmental Settine 1. Terrain a General Topographic Character: Level b. . Slopes: None. C. Elevation: 4,420 feet above sea-level. d. Limiting Factors: None. a. Types and Characteristics: None. b. Limiting Factors: None. 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: Moderate c. Landslide Potential: Moderate d. Fire Hazard: High to Extreme e. Expansive Soil Potential: Moderate 4. Hydrology a. Surface Water: Butte Creek located off-site to east. b. Ground Water: Unknown, potentially available. C. Drainage Characteristics: Undefined, sheet flow. d. Annual Rainfall (normal): 70-inches per year. e. Limiting Factors: None. 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good, except when stagnant air conditions persist in the valley. 8. Vegetation: Forest. 9. Wildlife Habitat: Critical Summer Range for the E. Tehama Deer Herd. 10. Archaeological and Historical Resources in the area: High sensitivity area. 11. Butte County General Plan designation: A-R (Agricultural Residential) ❑ Butte County Department of Development Services ❑ Planning Division ❑ 26 35 Project:Biggers/Penne Rezone 00-01 12. Existing Zoning: TM-2 (Timber Mountain, 2-acre parcels) and TM-5 (Timber Mountain, 5-acre parcels). 13. Existing Land Use on-site: Undeveloped. 14. Surrounding Area: a. Land Uses: Undeveloped land. b. Zoning: North: TM-5; South: TM-2; East: THZ-160; West: TM-3, TM-5 C. Gen. Plan Designation: North, South, West: Agricultural Residential; East: Timber Mountain d. Parcel Sizes: North: 4.79-acres; South: 1.98-acres; East: 160+ acres; West: 5-acres. 15. Character of Site and Area: Rural mountain subdivision with homesites. 16. Nearest Urban Area: City of Chico 17. Relevant Spheres of Influence: None 18. Improvement Standards Urban Area: None 19. Fire Protection Service: a. Nearest County(State)Fire Station: Station number 10 approximately 1000 feet away. b. Water Availability: Fire tankers only. 20. Schools: Paradise Unified School District. ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element, Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1. Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3,'Safety Element. Oroville, CA: C112M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV-L Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1 Scenic Highway Element Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map It 1-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map, Oroville, CA. , 0 Butte County Department of Development Services d Planning Division 2736 Project:Biggem(Penne Rezone 00-01 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178, Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Map-L Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Soil Map, Chico 1925 /Oroville (1926) Area. United States Department of Agriculture. 16. Soil Survev of Chico(1925)/Oroville 19261 Area, United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map, Butte County Fire Department and California Department of Forestry, 1989. ❑ Butte County Department of Development Services .❑ Planning Division ❑ 2837 ...... - utte „T• LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION � DEPARTMENT OF DEVELOPMENT SERVICES . `'=''``r`'-``.`'•. ` ; 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 June 28, 2000 Dale Penne 30 Caruthers Lane Chico, CA 95973 Re: Rezone, AP 060-110-104 & 115, REZ 00-01 Dear Mr. Penne: The Clerk of the Board of Supervisors set public hearing for August 8, 2000, at 10:30 a.m. to consider your application for a Rezone from TM-5 (Timber-Mountain, 5 acre parcel) and TM-2 (Timber-Mountain, 2 acre parcel) to TM-3 (Timber-Mountain, 3 acre parcel)on the west side of Biggers Lane approximately 80.0 feet north of Humboldt Road, Butte. Meadows. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Dan Breedon at this Office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /Ir cc: NorthStar Engineering 66/12/00 10:02 NUK I Hb I HK tNG I NEER I NG 530 538 "W85 N0.377 Wee ENGINEERING CMI Engineers•Planners.su-Neyo's FAX TRANSMITTAJL SHEET DATE: /Z ;OS n 6TH Company Phone# FAX# 3 -jr-p— 7 78�- MESSAGE._ FROM: Name Company NORTHSTAR ENGINEERING Phone# (530) 893-1600 FAX# (530) 893-2113 E-mail NUMBER OF PAGES: Cover sheet plus sheets .20 DECLARATION DRIvE CHICO,CALIFORNIA 95973 530-893-1600 FAX-893-2113 _...._. THE LA-NTD INCLUDED WITHIN THE BOUNDARIES OF THE PARCEL MAP HER ELN BEFdRE REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE OF CALI`ORNIA, COUNTY OF BUTTE, AND IS DESCRIBED AS FOLLOWS: PARCEL I Oda LOT 21 , AS SHOWN ON ; THAT CERTAIN MAP ENTITLED, "BIGGERS GLEN SUBDIVISION" , WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON SEPTEMBER 30, 1993, IN BOOP: 130 OF MAPS, AT PAGE (S) S1, 52, 53, 54, 55, 56, 57 AND 58 . LC> 9 , AS Sr WIN OT_v THAT CERTAIN MAP ENTITLED, "SIGGERS GLEN SuBDIVISIOr;; , 1, ICH 714AP WAS RECORDED I24 THE. OFFICE OF THE RECORDER OF THE COLS^; OF -BUTTE, STATE OF CALIFORNIA, ON SEPTEMBER 30, 1993, IN BOOK 130 OP MAPS, AT PAGE(S) 51 THRU 58 P, TMA ).).� (111 C��J_. 1c ?A;G.1I AGi/7L/,oL� MEMORANDUM DEPARTMENT-OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Larry Painter FROM: Lynn SUBJECT: REQUEST FOR EXHIBITS AND PUBLIC NOTICE LIST DATE: June 28, 2000 Project Name: Dale Penne File #: REZ 00-01 THIS IS A REQUEST FOR: Number of Meeting Date Copies Black & white reproducible exhibit map Planning Commission Development Review Planning Manager Vicinity Map Planning Manager Color Exhibit Map Extension of Time Exhibit Map , Color Planning Commission Exhibit Map Color Board of Supervisors Exhibit Map @ 10:30 a.m. 8/8/00 1 Public Notice List Special Exhibits Backread Ordinance Public Notice List: Special instructions: The above request is due no later than 7/7/00 Special Instructions and/or research: NOTE: Exhibits should be saved until project is through process, which includes appeal period. BUTTE COUNTY CLERK OF THE BOARD USE ONLY °BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDA REM: AGENDATITLE: REPORT TO THE BOARD — Dale Penne Rezone — REZ 00-01 DEPARTMENT:DDS, Planning DATE: 6/12/00 MEETING DATE REQUESTED: 6/27/00 CONTACT: Dan Breedon PHONE: 7601 REGULAR CONSENT X DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: SUMMARY: Dale Penne,Rezone of a 5 +/- acre parcel.from TM-5 (Timber Mountain - 5 acre parcels) to TM-3 (Timber Mountain - 3 acre parcels).and Rezone of a 1.95 +/- acre parcel from TM-2 (Timber Mountain - 2 acre parcels) to TM-3. The property is located east of and adjacent to Biggers Lane and Greenmoore Court,east of the intersection of Maddril Lane and Biggers Lane,in the community of Butte Meadows. APN 060-110-104 and 115 (DB) (FILE REZ 00-01) FOR INFORMATION ONLY AGENDA ITEM SUBMITTAL REQUIRES THE ORIGINAL AND NINE (9) COPIES ATTACH DCPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: .Yes No CAO OFFICE USE ONLY If yes,complete Bdgetary Impact Worksheet on back Budget Transfer Requested: Yes No Administrative Office Review If yes,complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline) Will Proposal Require an Agreement: Yes No 4/5's Vote Required: Yes: No: Auditor-Controller's Number(if required): County Counsel's Approval: Yes No Date Received by Clerk of Board: Will Proposal Require Additional Personnel: Yes No Number of Permanent: Temp Extra Help Previous Board Action Date: Additional Information Attached:Yes_X No Describe: Report Rev.1198 SPL __AL INSTRUCTIONS TO CLE ; Number of originals required to be returned to Department: "Please Note" Department is responsible for returning contract to contractor. Clerk of the Board returns, completed Auditor's copy ONLY. Requested Board Action: ordinance Required Resolution Required Minute Order Required For Information Only BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Fundina Source Source of Additional Funds Requested Estimated Cost $ Contingencies $ (Fund Name: ), (Fund Number: ) Amount Budgeted $ Unanticipated Revenue $ Mudget Unit Number: ) (Source: ) (Fund Name: ) (Rev.Code: ) (Fund Number. 1 Other Transfer(s) $ 1. Complete worksheet below 2. Deadline is one business day orior to normal agenda deadline Additional Requested $ Total Source of Funds $ Annualized cost$ if also planned for next year. Budget Transfer Authorized By Administrative Office Board Action Required for B-Transfer? Yes No Authorized Signature, Date BUDGET TRANSFER REQUEST WORKSHEET Transfer Request: AMOUNT - LINE ITEM LINE ITEM. Transfer S (No Cents)From To Transfer S (No Cents)From - To Transfer$ (No Cents)From To Transfer S (No Cents)From To 4 PLANNING COMMISSION ACTION REPORT APPLICANT: Dale Penne OWNER: Same FILE #: REZ 00-01 REQUEST: Rezone from TM-5 (Timber-Mountain, 5 acre parcel) and TM-2 (Timber-Mountain, 2 acre parcel) to TM-3 (Timber-Mountain, 3 acre parcel) LOCATION: on the west side of Biggers Lane approximately 800 feet north of Humboldt Road, Butte Meadows DATE ACTION REQUESTED: 1/21/00 ACREAGE: 7+ PLANNING COMMISSION FINDINGS: I A. An Initial Study was completed in compliance with the California Environmental Quality Act, and no significant environmental impacts were identified. B. The Planning Commission independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and hereby finds that a. Negative Declaration adequately represents impacts associated with this project and reflects the independent judgement of Butte County, which is the Lead Agency. C. Find, on the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, that there is no substantial evidence that the Dale Penne Rezone, Planning Division File No. REZ 00-01 will have a significant effect on the environment. D. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a"de minimus"exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not recommended. PLANNING COMMISSION ACTION: C. Recommend approval of Rezone 00-01 for Dale Penne to the Board of Supervisors and recommend that the Board of Supervisors adopt an Ordinance rezoning from TM-2 and TM- 5 to TM-3 property identified as APNs: 060-110-104 and 060-110-115, with the following findings: 1. The project is consistent with the Agricultural Residential General Plan designation as supported by the following: A. The proposal is not incompatible with any adjacent agricultural operation, since no agricultural operation is adjacent. B. The project is in an area provided with adequate private water service and on- site sewage disposal capability C. A Butte County Fire station is located within the community of Butte Meadows, approximately 1000 feet south. D. Private access to the property is provided by Bigger's Lane and Greenmoore Court. E. The property is reasonably accessible to commercial services and schools. 2. The existing 5.2 and 1.95 acre parcels conform to the proposed TM-3 (Timber Mountain, 3-acre parcels) zone. 3. Future residential development shall be required to.comply with Public Resources Code 4290 (Fire Safe Regulations). 4. The Butte County Fire Department indicates that a pressurized water system is available for fire protection purposes. VOTE: 5-0 AYES: Commissioners Cage, Mooney, Lambert,Nelson, and Chairman Leland NOES: No one ABSENT: No one ABSTAINED: No one DATE OF LAST HEARING WITH PLANNING COMMISSION: June 8, 2000 K:\PROJECTS\REZ\PENNE.REZ\TOBOARD.RPT utte LAND OF NATURAL WEALTH AND BEAUTY { • �-��d�.,,� PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538 7601 FAX: (530)538-7785 June 9, 2000 Dale Penne 30 Caruthers Lane Chico, CA 95973 Re: Rezone, File REZ 00-01, APN 060-110-104 & 115 Dear Mr. Penne: At the regular meeting of the Butte County Planning Commission held June 8, 2000, your request for a Rezone from TM-5 (Timber-Mountain, 5 acre parcel) and TM-2 (Timber-Mountain, 2 acre parcel) to TM-3 (Timber-Mountain, 3 acre parcel) for property located on the west side of Biggers Lane approximately 800 feet .north of Humboldt Road, Butte Meadows was recommended for approval. A report of this matter will be made to the Clerk of the Board of Supervisors at which time she will set the public hearing date. You will be notified of the date and time. Should you have any questions regarding this matter, please.contact Dan Breedon at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /lr cc: Clerk of the Board NorthStar Engineering k Aform sVezone.frm O�UTTFO r 00 INTER-DEPARTMENTAL MEMORANDUM ° 0 0 PUBLIC WORKS DEPARTMENT 0 0 A��IC WOP,�9 TO: TOM PARILO, DIRECTOR OF DEVELOPMENT SERVICES TOM REID, DIRECTOR OF ENVIRONMENTAL HEALTH DIVISION FROM: STUART ED ELL, MANAGER LAND DEVELOPMENT DIVISION PUBLIC WORKS SUBJECT: DALE PENNE LLA, AP 060-110-104-& 105 DATE: MAY 12, 2000 On September 29, 1999, we accepted and processed the above referenced application. We notified NorthStar Engineering that the application did not conform to the zoning requirements and recommended they request a rezone of this property on November 23, '1999. The rezone application has been submitted and is apparently being processed by the Planning Division of Development Services. In the meantime the Pennes have acquired title to both properties involved in this LLA and therefor- cannot process a LLA (Butte County Code 20-95 (b) (1). NorthStar has just. submitted an application for merger of these same parcels and a request for refund of the LLA application fees. We have processed the LLA application to the approval. stage and therefore would 'refund only one-half their Public Works application fee. I will leave it up to you as to whether, or how much of the application fee, you are willing to refund. Attachment h 1 ECEI1TEI) MAY 12 2COD BUTTPICOUNTY PLANNING D11,iSION 0 NorthStar ENGINEERING Civil Engineers•Planners•Surveyors May 4, 2000 Stu Edell LAND DEVELOPMENT DIVISION 7 County Center Drive Oroville, CA. 95965 Re: Lot Line Adjustment for Dale Penne AP 060-110-104 & 115 Dear Stu, Regarding said lot line adjustment, our client now owns both parcels, therefore we request that the lot line adjustment application be withdrawn so that we can proceed with a merger application instead. We request a refund of the $491.00 lot line adjustment application fee per Mr. Penne's check# 3013. We appreciate your cooperation on this matter. Sincerely, NORTHSTAR ENGINEERING Rick Rodriguez 20 DECLARATION DRIVE RECEIVE® CHICO, CALIFORNIA 95973 MAYO 5 2000 530-893-1600 FCOUNTY OF BUTTE AX 893 2113 LAND DEVELOPMENT DIV uttecouft!y � __ •. "�;�,_ `� LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 May 31,2000 Dale Penne. 30 Caruthers Lane Chico, CA 95973 Re: Rezone, AP 060-110-104 & 115, REZ 00-01 Dear Mr. Penne: Enclosed is a copy of the Agenda Report concerning your application for a Rezone from TM-5 (Timber-Mountain, 5 acre parcel) and TM-2 (Timber-Mountain, 2 acre parcel) to TM-3 (Timber- Mountain, 3 acre.parcel)on the west side of Biggers Lane approximately 800 feet north of Humboldt Road, Butte Meadows. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for June 8,2000, at 9:30 a.m. This meeting will be held in the Board of Supervisors'Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Dan Breedon of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson P lanning/Administrative Support Service Assistant Enc. cc: NorthStar Engineering j:\wpdocs\pc l is\schedul e.mr_ Jr , BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT -June 8, 2000 Applicant: Dale Penne Location: The property is located east of and adjacent to Bigger's File #: Rez 00-01 Lane and Greenmoore Court, east of the intersection of Request: The applicant request a Maddrill Lane and Bigger's rezone of a 5 (+/-) acre parcel Lane, in the community of from TM-5 (Timber- Butte Meadows. Mountain, 5 acre parcels) to TM-3 (Timber-Mountain, 3 Parcel Size: 5.2 and 1.95-acres acre parcels) and rezone of a 1.95 (+/-) acre parcel from Zone date: November 5, 1991 TM-2 (Timber-Mountain, 3 acre parcels) to TM-3. Supervisor District: 3 G.P.: Agricultural Residential Attachments: Zoning: TM-5 and TM-2 A. Conditional Zoning B. General Plan and Zoning Map APNs: 060-110-104 C. Vicinity Map and 060-110-115 D. Initial Study Project E. Exhibit Map Planner: Daniel C. Breedon, Senior Planner STAFF COMMENT: Staff recommends the Planning Commission recommend approval of this project to the Board of Supervisors with findings. PROJECT DESCRIPTION/SITE CHARACTERISTICS: The applicants request a rezone of a 5 (+/-) acre parcel from TM-5 (Timber-Mountain, 5 acre parcels)to TM-3 (Timber-Mountain, 3 acre parcels) and rezone of a 1.95 (+/-) acre parcel from TM- 2 (Timber-Mountain,. 3 acre parcels) to TM-3. The General Plan designates the property as Agricultural Residential. The proposed rezone will make the zoning between the two parcels consistent, and benefit a future lot line adjustment. The lot line adjustment will improve an existing building site on the 1.95 acre parcel. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ JUNE 8, 2000 ■ PAGE 1 ■ r, This project is located within an existing subdivision. The property is undeveloped. The site is level and forested. Access is provided by Bigger's Lane and Greenmoore Court. ANALYSIS: General Plan ConsistenU The TM-3 zone is shown to be conditionally consistent with the Agricultural Residential General Plan land use designation. This means that the proposal must meet the development criteria for conditionally consistent projects as outlined by the Agricultural Residential General Plan designation. Staff finds that these criteria have been met and findings are attached to this report that support the project's consistency with the General Plan. Surrounding Uses and Compatibility The properties consist of two existing parcels within the Bigger's Glen Subdivision. This subdivision consists of 30 residential parcels approximately 1 to 9 acres in size most of which have not been developed. This subdivision includes TM-2, TM-3 and TM-5 zoning. These three zones reflect the underlying parcel sizes. The proposed TM-3 zone is consistent with the surrounding zoning and land uses. No additional,parcels will be permitted under this proposed rezone. The rezone will serve to more accurately reflect the size of the properties when the lot line adjustment is approved. A TI NS FOR CONSIDERATION Staff recommends that the Planning Commission take the following actions: I. Recommend the Board of Supervisors adopt a Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act, and no significant environmental impacts were identified. B. The Planning Commission independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and hereby finds that a Negative Declaration adequately represents impacts associated with this project and reflects the independent judgement of Butte County, which is the Lead Agency. C. Find, ori the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, that there is no substantial evidence that the Dale Penne Rezone, Planning Division File No. Rez 00-01 will have a significant effect on the environment. II. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a"de minimus"exemption regarding impact to fish and ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ JUNE 8,2000 ■ PAGE 2 ■ 0 wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not recommended. III. Recommend approval of Rezone 00=01 for Dale Penne to the Board of Supervisors and recommend that the Board of Supervisors adopt an Ordinance rezoning from TM-2 and TM- 5 to TM-3 property identified as APNs: 060-110-104 and 060-110-115, with the following findings: 1. The project is consistent with the Agricultural Residential General Plan designation as supported by the following: A. The proposal is not incompatible with any adjacent agricultural operation, since no agricultural operation is adjacent. B. The project is in an area provided with adequate private water service and on- site sewage disposal capability C. A Butte County Fire station is located within the community of Butte Meadows, approximately 1000 feet south. D. Private access to the property is provided by Bigger's Lane and Greenmoore Court. E. The property is reasonably accessible to commercial services and schools. 2. The existing 5.2 and 1.95 acre parcels conform to the proposed TM-3 (Timber Mountain, 3-acre parcels) zone. 3. Future residential development shall be required to comply with Public Resources Code 4290 (Fire Safe Regulations). 4. The Butte County Fire Department indicates that a pressurized water system is available for fire protection purposes. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ NNE 8, 2000 ■ PAGE 3 ■ VicinityMap Butte Meadown Will Lan LU Project Location is REZ 00-01 AP 060-110-104& 115 PENNE y' TPZ-160 ---------------- _ Project Location a� 77 4.79ac . TM-5 :5, ✓'' MaadOu e s o :; y" ~y W - TM-40 T • 060-110.115 TM-3 R4 tk. 3 mv WO-110-104 H—l! U rr5 rF a b'r Road .' h a �BCe a �r ✓• k. ;afu0-, L b' « ` �'< 0-:i•�' _ .3. i 't '+ y. TM- � e� xr < �" �` �. rte. �� � �• � _ rJ� ________ C,` --------------------------------------' ,.gym _ _ 7 ____--------_-_______ . Wt� ~t�•T •�A1 1 'a r. 500 0 500 1000 1500 2000 2500 3000 3500 4000 Feet BUTTE COUNTY PLANNING COMINUSSION Applicant: Dale Penne Owner: Same Hearing Date: June 8,2000 @ 9:30 am. Eiristing Zone:TM-5 and TM-2 N Supervisorial Request: Rezone from TM-5(Timber Mountain,5 acre min.)and TM-2 (Timber Mountain,2 acre min.)to District#3 TM-3 (Timber Mountain,3 ac.min.). Assessor Parcel No: 060-110-104& 115 File: 00-01 ,} ----- ,= , i �.. Project Locations '.... 419cm r' TM-5 l I TO m2ddriu 0 S ac osa11a11s TWA- t � � asa11a1oa } H-C I -20 Thk V14Ff i U r 500 0 500 1000 1500 2000 2500 3000 3500 4000 Feet BUTTE COUNTY PLANNING CON I USSION Applicant: Dale Penne Owner: Same Rearing Date: June 8,2000 @ 9:30 am. Existing Zone:TM-5 and TM-2 N Supervisorial Request: Rezone from TM-5(Timber Mountain,5 acre min.)and TM-2 (Timber Mountain,2 acre min.)to District#3 TM-3(Timber Mountain,3 ac.min.). Assessor Parcel No: 060-110-104& 115 Pile: 00-01 Project:Biggers/Penne Rezone 00-01 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS 1. BACKGROUND: 1. Name of Proponent: Glen Biggers & Dale Penne 2. Address: 30 Caruthers Lane, Chico Phone: 530-894-0134 3. Name of Proposal: Biggers/Penne Rezone (REZ 00-01) _ 4. Type of Project: Rezone 5. Project Description: The applicants request a rezone of a 5 (+/-) acre parcel from TM-5 (Timber-Mountain, 5 acre parcels) to TM-3 (Timber-Mountain, 3 acre parcels) and rezone of a 1.95 (+/-) acre parcel from TM-2 (Timber-Mountain, 3 acre parcels) to TM-3. The General Plan designates the property as Agricultural Residential. The proposed rezone will make the zoning between the two.parcels consistent, and benefit a future lot line adjustment. The lot line adjustment will improve an existing building site on the Penne property. Generally, the specific environmental issues that may result from-a subdivision allowed by a rezone would be completely addressed when an application is made for a subdivision, which indicates parcel configurations and access design. However, this rezone proposal will not result in the capability to create additional parcels through a subdivision. This Initial Study addresses the impacts directly related to a change in the zoning designation. 6. Location of project: The property is located east of and adjacent to Biggers Lane and Greenmore Court, east of the intersection of Maddrill Lane and Biggers Lane, in the community of Butte Meadows. 7. Setting: This project is located within an existing subdivision. The property is undeveloped. The site is level and is forested. Access is provided by Biggers Lane and Greenmore Court. 6. Assessor's Parcel Numbers: 060-110-104 and 060-110-115 7. Date Checklist Submitted: May 15, 2000 8. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 1 Project:Biggers/Penne Rezone 00-01 H. DETERMINATION: On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. x I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described onf attached sheets. An ENVIRONMENTAL EMPACT.REPORT is required, but it must.analyze.only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially,significant effects,(a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that.earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Daniel C. Breedon, Senior Planner Date Re ' ed by: ndy Wilson, Principal Planner Date M. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 2 Project:Biggers/Penne Rezone 00-01 ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards/Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population\/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone. A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project-specific screening analysis.) 2) All answers must take account of the whole action involved including off-site as.well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant nificant 1P g Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 3 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. I 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: .a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. IV. ENVIRONMENTAL IMPACTS: 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highwayi k c) Substantially degrade the existing visual character or quality of the site ❑ Butte County Department of Development Services ❑ Planning Division ❑ 4 a 1 r Project:BiggemTenne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Response: This project will not affect a scenic vista nor have a demonstrable negative aesthetic effect. The site is not located along a State or County designated scenic highway Mitigation: None required. 2. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department. of Conservation as an optional model to use in assessing impacts on agriculture and farmland . Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of 0 Butte County Department of Development Services ❑ Planning Division 0 5 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially . With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Farmland, to non-agricultural use? X . Response: The property is not currently used for any agriculturally related use. There is no Williamson Act contract affecting this property, since the property is not considered agricultural land. No impact is anticipated to agricultural resources as a result of this project. Mitigation: None required. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make-the following determinations. Would the project: a) Conflict with or obstruct implementation of the.applicable air:quality.plan? X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X d)Expose sensitive receptors to substantial pollutant concentrations? K e) Create objectionable odors affecting a substantial number of people? Xt Response: ❑ Butte County Department of Development Services ❑ Planning Division ❑ 6 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. - d. The project will not contribute any air quality impact, since no new development is proposed. e. This proposed change to the zoning districts will not create significant objectionable odors, smoke or fumes beyond what is customary and expected from residential uses at rural densities. Mitigation: None required. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies,.or regulations, or by the California Department of Fish and Game or U. S. Fish and Wildlife Service? X b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? . X d) Interfere substantially with the movement of any native resident or ❑ Butte County Department of Development Services ❑ Planning Division ❑ l 7 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 1t e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance. �t f) Conflict with the provisions of an adopted Habitat Conservation Plan. Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Response: The property is within the East Tehama critical summer deer range. Because the change in zoning to TM-3 in and of itself will not cause any environmental impacts, no mitigations,are recommend for project approval. It is not recommended that Fish and Game Filing fees be required, and a Deminimus impact finding shall be made with respect to the project's impact on fish and wildlife. Mitigation: None required. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance,of a historical resource as defined in §15064.5? 1t b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? X c) Directly or indirectly destroy a ❑ Butte County Department of Development Services ❑ Planning Division ❑ 8 Project:Biggers/Peme Rezone 00-01 Less Than Significant Less Potentially .With Than Significant Mitigation Significant No Impact Incorporated Impact Impact unique paleontological resource or site or unique geologic feature? 8B d) Disturb any human remains, including those interred outside of formal cemeteries? )t Response: According to Butte County constraints mapping, the project site is located in an area considered to have a high archeological sensitivity. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or above bodies of water. This mapping is general in nature and basis the probability of archeological significance on the physical characteristics and history of different areas of the County. Classification of this property as having a high sensitivity for archeological resources. . does not in itself indicate the presence of archaeological resources: Because the change.in zoning to TM-3 in and of itself.will not cause any additional development activity, no mitigations are recommend,for project approval.: Mitigation: None required. 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: X 1) Rupture of a known earth- quake fault, as delineated on the most recent Alquist-priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other sub- stantial evidence of a know fault? Refer to Division of Mines and Geology Special Publication 42. K ❑ Butte County Department of Development Services ❑ Planning Division ❑ 9 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With . Than Significant Mitigation Significant No Impact Incorporated Impact Impact 2) Strong seismic ground Shaking? )t 3) Seismic-related ground failure, including liquefaction? X 4) Landslides? �t b) Result in substantial soil erosion or the loss of topsoil? x c)Be.located on la geologic unit or soil that is unstable, or that would become unstable a&a result.of the project, and potentially-result inion- or:off-site landslide,:lateral spreading,subsidence; liquefaction or collapse? )t d) Be located on expansive soil, as defined in-Table 18-1-B of the Uniform. Building Code (1994), creating sub- stantial risks to life or property? )t e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste water? X Response: a.1. The Seismic Safety Element indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The closest mapped Fault-Rupture Zone is the Cleveland Hills Fault line which is located 36 miles to the southeast. No impacts are ❑ Butte County Department of Development Services ❑ Planning Division 0 10 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact anticipated as a result of fault rupture and no seismic related requirements are necessary. j a.2. The intensity of ground shaking at any specific site depends on the characteristics of the earthquake,the distance from the earthquake, and on the local geologic soils and conditions. At present, there is insufficient data to predict accurately the expected ground motions at various locations in Butte County. a.3. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has no potential for liquefaction. No impact is anticipated. a.4. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is a moderate potential for landslides in this area. Since this site is level and not close to any unstable slopes, no Impact is anticipated. b. The Erosion Potential:Map of the Safety Element of the Butte County General Plan indicates that erosion potential.of this site:is moderate. No impact is anticipated from the proposed rezone, which does not in.itself.-allow for additional development. C. No impact is anticipated from instability, landslide, lateral spreading, subsidence, . liquefaction or collapse. d. The Conservation Element's Expansive Soils Map indicates that the project site has a moderate expansive soil designation. No impact is anticipated. e. The Butte County Environmental Health Department reviewed the project and had no requirements. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to . the public or the environment through the routine transport use, or disposal of hazardous materials? k b) Create a significant hazard to the public or the environment through ❑ Butte County Department of Development Services ❑ Planning Division ❑ 11 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? !� c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed schools? X d) Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962:5 and, as a result, would it create a significant.hazard to the public or the environment? , X e) For a project located within an airport - land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? K f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 1t g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including- ❑ Butte County Department of Development Services ❑ Planning Division ❑ 12 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Response: a. - g. The .project will not interfere with any airport or emergency response plan nor is located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. h. The Butte County Fire Department/California Department of Forestry indicates that future construction is required to conform the Fire Safe Regulations (Public Resources Code Section 4290). This will be required at the time of building permit issuance. Mitigation: None required:: 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? �t c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would ❑ Butte County Department of Development Services ❑ Planning Division ❑ 13 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation . Significant No Impact Incorporated Impact Impact result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? X e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional-sources of polluted runoff? X fl Otherwise substantially degrade water y ualit ? �t q g) Place housing within a 100-year flood hazard area as mapped.on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? _ X I h) Place within a 1007year flood hazard area structures which would impede or redirect flood flows? 1t I) Expose people or structures to a significant risk or loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? 1t j) Inundation by seiche, tsunami, or mudflow? 1t ❑ Butte County Department of Development Services 0 Planning Division 0 14 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: a. - f. No additional impact is expected in these areas since the rezone does not permit any further development, beyond the two building sites that are already permitted. g. - I. The project is shown to be clear of the 100-year flood zone per Flood Insurance Rate Pane#06007C0075C dated June 8, 1998. j. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact shall be incurred with respect to these natural hazards. Mitigation: None required. 9. LAND USE AND PLANNING. Would the project? a) Physically divide an established community?- X b) Conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the project - (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X Response: a. The project will not physically divide an established community. No impact shall be incurred. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 15 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact b. The TM-3 zone is shown to be conditionally consistent with the Agricultural Residential General Plan land use designation. This means that the proposal must meet the development criteria for conditionally consistent projects as outlined by the Agricultural Residential General Plan designation. Staff finds that these criteria have been met as supported by the following: 1. The proposal will not be incompatible with any adjacent agricultural operation, since no agricultural operation is adjacent. 2. The project is in an area provided with adequate water and on-site sewage disposal capability 3. A Butte County Fire station is located in within-the community of Butte Meadows. 4. Access to the property:is provided by-Biggers Lane and Greenmoore. Court, 5. The property is reasonably accessible to commercial services and schools. C. The proposal will not-conflict with any applicable-habitat conservation plan or natural: community conservation plan. 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents or the state? X b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X ❑ Butte County Department of Development Services ❑ Planning Division ❑ 16 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: a. - b. The property is not known to contain any important mineral resources of value to the region. No impact shall be incurred. Mitigation: None required. 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 1t b) Exposure of persons to or generation . of excessive groundborne:vibration.-or groundborne noise levels: 1t c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 1t d) A substantial temporary or periodic- increase in ambient noise levels in the project vicinity above levels existing without the project? �t e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, ❑ Butte County Department of Development Services ❑ Planning Division ❑ 17 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact would the project expose people residing or working in the project area to excessive noise levels? X f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Response: a. - d. This rezone project will not cause an increase in noise or expose people to severe ' noise levels. Mitigation: None Required.. 12. POPULATION AND HOUSING." World the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example;through extension of roads or other infrastructure? X b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Response: a. Butte County population has grown at a rate at or below all official population projections for the past 10 years. Projected population for 1990 was 195,000, while ❑ Butte County Department of Development Services ❑ Planning Division 0 18 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact the actual census population was 182,000. The estimated population for January 1, 1999, the latest figures available, was 201,935. The proposed rezone would not change the allowed density of parcels and therefore presents no impact to population and housing in the area. b. - c. The project will not displace individuals or housing. If the land is subdivided additional housing could be developed. No impact shall be incurred. Mitigation: None required. 13. PUBLIC SERVICES. a). Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered . governmental facilities; need for mew,or, physically altered governmental facilities; . the construction of which could cause significant environmental impacts,.in order to maintain acceptable service ratios, response times, or other performance objectives for any'ofthe public services? X b) Fire protection? X c) Police Protection? X d) Schools? X e) Parks? X 0 Other public services? _ X Response: Since no additional development is proposed or allowed by the rezone, no impact to public services is expected. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 19 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Mitigation: None required. 14. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? )t b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect-on . the environment? 1t Response::_ a -.b. . Since no additional-development is-.proposed:or allowed.by the-rezone;no impact to recreation.is expected. Mitigation: None required. 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system(i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? X b) Exceed, either individually or cumula- tively, a level of service standard established by the county congestion management . ❑ Butte County Department of Development Services ❑ Planning Division ❑ 20 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact _ agency for designated roads or highways? X _ c) Result in a change in air-traffic patterns, including either an increase in traffic levels or,a change in location that results in substantial safety risks? 1t d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e) Result in inadequate emergency access? �t f) Result in inadequate-parking capacity? _ K g) Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? _ �t Response: a - g. Since no additional development is proposed or allowed by the rezone, no impact to traffic is expected. The property is already served with adequate access by Biggers Lane and Greenmoore Court. Mitigation: None required. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality 0 Butte County Department of Development Services ❑ Planning Division 0 21 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Control Board? )t b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d) Have sufficient water,supplies available to serve-the project from- existing entitlements,and resources,.or,. .. are-new or:expanded:entitlements,needed?�: X e) Result in a:determination-by the wastewater treatment provider.which serves or may serve the project that it has- adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? K 0 Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X g) Comply with federal, state, and local statutes and regulations related to solid waste? 1t Response: ❑ Butte County Department of Development Services ❑ Planning Division ❑ 22 Project:BiggersTenne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. - g. Since no additional development is proposed or allowed by the rezone, no impact to traffic is expected. 17. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the .potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- - sustaining levels, threaten to eliminate a plant or animal community;reduce the number or- restrict the range of a rare or endangered plant or animal or - eliminate important examples,of the: = major periods.of California hist. or prehistory? X b) Does the project have impacts that are individually limited, but cumulatively considerable? -("Cumulatively consider- able" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? K c) Does the project have environmental _ effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Response: ❑ Butte County Department of Development Services ❑ Planning Division ❑ 23 Project:Biggers/Penne Rezone 00-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. and d. The proposed rezone will not degrade the environment, have environmental effects which will cause substantial adverse effects on human beings or have cumalitive impacts. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 24 Project:Biggers&eme Rezone 00-01 V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: No mitigations are recommended. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 25 Project:Biggers/Penne Rezone 00-01 DATASHEET A. Prp.ject Description 1. Type of Project: Rezone 2. Proposed Density of Development: 3-acres 3. Amount of Impervious Surfacing: 1 dwelling/3-acres 4. Access and Nearest Public Road: Biggers Lane, Greenmore Court, both County roads. 5. Method of Sewage Disposal: Individual septic systems. 6. Source of Water Supply: Individual on-site domestic wells. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: None. :. B. Environmental Settins 1. Terrain a General Topographic Character:.Level b. Slopes: None. C. Elevation: 4,420 feet above sea-level. d. Limiting Factors:.None. a.. Types,and.Characteristics-,,- None.: b. Limiting.Factors:.None: 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: Moderate C. Landslide Potential:.Moderate d. Fire Hazard: High to Extreme . e. Expansive Soil Potential: Moderate 4. Hydrology a. Surface Water: Butte Creek located off-site to east. b. Ground Water: Unknown, potentially available. C. Drainage Characteristics: Undefined, sheet flow. d. Annual Rainfall (normal): 70-inches per year. e. Limiting Factors: None. 5, Visual/Scenic Quality: Good. 6. Acoustic Quality: Good, 7. Air Quality: Good, except when stagnant air conditions persist in the valley. 8. Vegetation: Forest. 9. Wildlife Habitat: Critical Summer Range for the E. Tehama Deer Herd. 10. Archaeological and Historical Resources in the area: High sensitivity area. 11. Butte County General Plan designation: A-R (Agricultural Residential) ❑ Butte County Department of Development Services ❑ Planning Division ❑ 26 Project:Biggers/Penne Rezone 00-01 12. Existing Zoning: TM-2 (Timber Mountain, 2-acre parcels) and TM-5 (Timber Mountain, 5-acre parcels). 13. Existing Land Use on-site: Undeveloped. 14. Surrounding Area: a. Land Uses: Undeveloped land. b. Zoning: North: TM-5; South: TM-2; East: THZ-160; West: TM-3, TM-5 C. Gen. Plan Designation: North, South, West: Agricultural Residential; East: Timber Mountain d. Parcel Sizes: North: 4.79-acres; South: 1.98-acres; East: 160+ acres; West: 5-acres. 15. Character of Site and Area: Rural mountain subdivision with homesites. 16. Nearest Urban Area: City of Chico 17. Relevant Spheres of Influence: None 18. Improvement Standards Urban Area: None 19. Fire Protection Service: a. Nearest County(State)Fire Station: Station number 10 approximately 1000 feet away. b. Water Availability: Fire tankers only. 20. Schools: Paradise Unified School.District. ENVIRONMENTAL.REFERENCE MATERIAL L. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic SafetX, ._ Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1.Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: C112M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: C112M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1. Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4. Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Mai Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville, CA. ❑ Butte County Department of Development Services ❑ Planning Division 0 27 Project:Biggers/Penne Rezone 00-01 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map,Nitrate Concentration in Shallow Wells, The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Mans. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Soil Map, Chico 1925 /Oroville(1926) Area. United States Department of Agriculture: 16. Soil Survey of Chico ,1925,/Oroville(1926)Area. United States Department of Agriculture. - 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities - Man. Butte County Fire Department and California Department of Forestry, 1989. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 28 ArAIF - uttecounty LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 May 24, 2000 Dale Penne 30 Caruthers Lane Chico, CA 95973 Re: Rezone,AP 060-110-104 & 115, REZ 00-01 Dear Mr. Penne: Enclosed is a copy of the Agenda Report concerning your application for a Rezone from TM-5 (Timber-Mountain, 5 acre parcel) and TM-2 (Timber-Mountain, 2 acre parcel) to TM-3 (Timber- Mountain,3 acre parcel)on the west side of Biggers Lane approximately 800 feet north of Humboldt Road, Butte Meadows. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for June 8, 2000, at 9:30 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Dan Breedon of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Enc. cc: NorthStar Engineering j:\wpdocs\pcl ts\schedule.mrn • �. u e oun LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 Date: May 15, 2000 To: Responsible and Trustee Agencies Subject: NOTICE OF INTENT - To Adopt a Proposed Mitigated Negative Declaration for Glen Biggers & Dale Penne Rezone (REZ 00-02) The Butte County Planning Division has completed an Initial Study, in accordance with the California Environmental Quality Act (CEQA), of potential environmental consequences anticipated in connection with the above-mentioned project, a copy of which is enclosed. This letter serves as a Notice of Intent to adopt a Negative Declaration to allow responsible and trustee agencies a 20-day review period in accordance with Sections 15072 and 15105 of the CEQA Guidelines. Please review the enclosed Initial Study and proposed Mitigated Negative Declaration. This review should focus on your agency's area of expertise and jurisdiction. Any comments must be sent to the above address prior to June 6, 2000. A Public Hearing has been scheduled for June 8, 2000 before the Butte County Planning Commission. If you have any questions regarding the enclosed environmental document, please contact this office between the hours of 8:00 a.m. and 4:00 p.m. Sinc alniel C. Breedon Senior Planner cc: Dale Penne& Glen Biggers NorthStar Engineering Butte County Department of Public Works Butte County Environmental Health Department i� BUTTE COUNTY DEPARTMENT OF-DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Dale Penne,REZ 00-01 DATE: January 26,2000 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any;and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed,please call 538-7601. Thank you,in advance for your time and efforts. This is an application for a Rezone from TM-5(Timber-Mountain. 5 acrean reel),and TM-2(Timber-Mountain 2 acre parch to 77\4-3(Timber-Mountain,3 acre pa=l)on property zoned TM-5 (Timber-Mountain.5 acreparcel) TM-2 (Timber-Mountain,2 acrean rc?,4 located on the west side of Biggers Lane approximately 800 feet north of Humboldt Road,Butte Meadows, identified as APN 060-110-104& 115. Supervisorial District No.-a. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON June 8,2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 9, 2000. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): .`o4 �GrcG /�oKLr'/J..�[/l �'�'-•_ AN �I1AA �Z—7�O BUTEPR AQTPX,,T1 'aZ'7 PLANNING DIVISION 2� By: Date: zU�J 7 County Center Drive -Oroville,California 95965 -5��9_7nT� X 530-538-7785 JAN 2 6 2000 COUNTY Of BUTTE LAND DEVELOPMENT DIV. BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: CDF FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Dale Penne,REZ 00T01 DATE: February 1,2000 CONTACT PERSON: Ix-�)rL ����L The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone from TM-5(Timber-Mountain,5 acre parcel)and TM-2(Timber-Mountain,2 acrean rcel) to TM- (Timber-Mountain,3 acre parcel)on property zoned TM-5 (Timber-Mountain, 5 acreparcel)&TM-2(Timber- Mountain,2 acre parcel)located on the west side of Biggers Lane approximately 800 feet north of Humboldt Road,Butte Meadows, identified as APN 060-110-104& 115. Supervisorial District No.-2. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON June 8 , 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 16, 2000. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): (u a/►-ems. FEB - 3 2000 BUTTE UOUNTY PLANNING DIVISION By: Date: 7 County Center Drive -Oroville,California 95965 - 530-538-7601 -FAX 530-538-7785 BUTTE COUNTY STANDARD CONDITIONS FOR REZONE APPLICA_NT: Dale Penne DATE: January 26, 2000 AGENT: NorthStar Engineering APN: 060-110-104 & 115 FILE #: REZ 00-01 PLANNER: PROJECT DESCRIPTION: Rezone from TM-5 (Timber-Mountain, 5 acre parcel) and TM-2 (Timber-Mountain, 2 acre parcel) to TM-3 (Timber-Mountain, 3 acre parcel) Those items checked are conditions of approval. PLEASE CONTACT THE Bi JTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS 1. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes,ordinances and regulations in effect at the time of application for improvement permits. 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. —3. Fire hydrant identification,reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank,payment of$200.00 per created parcel into the Battalion_water tend fund,is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing_feet,hydrant size_ inches,and residual fire flow_gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation,payment may be made into the hydrant fund ata cost of$1.72 per lineal foot of street frontage. The estimated fee amount is$ 7. Prior to recordation of the Map or application for a building permit,the applicant shall pay the then current fee for the West Chico Fire Station Fund. —8. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. Or� MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Larry Painter FROM: Lynn SUBJECT: REQUEST FOR EXHIBITS AND PUBLIC NOTICE LIST DATE: April 26, 2000 Project Name: Dale Penne File #: REZ 00-01 THIS IS A REQUEST FOR: Number of Meeting Date Copies Black & white reproducible exhibit map Planning Commission 6/8/00 _ 1 Development Review Planning Manager Vicinity Map " Planning Manager Color Exhibit Map Extension of Time Exhibit Map Color Planning Commission Exhibit Map " Color Board of Supervisors Exhibit Map Public Notice List Special Exhibits Backread Ordinance Public Notice List: Special instructions: The above request is due no later than Special Instructions and/or research: NOTE: Exhibits should be saved until project is through process, which includes appeal period. r BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission a public hearing will be held on Thursday, June 8, 2000, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, on the following item: ITEMS ON WHICH A NEGATIVE DECLARATION REGARDINGENVIRONMENTAL IMPACTS HAVE BEEN RECOMMENDED 9:30 a.m. - Glen Biggers and Dale Penne, Rezone of a 5 +/- acre parcel from TM-5 (Timber Mountain- 5 acre parcels) to TM-3 (Timber Mountain - 3 acre parcels) and Rezone of a 1.95 +/- acre parcel from TM-2 (Timber Mountain - 2 acre parcels) to TM-3. The property is located east of and adjacent to Biggers Lane and Greenmoore Court, east of the intersection of Maddril Lane and Biggers Lane, in the community of Butte Meadows. APN 060-110-104 and 115 (DB) (FILE REZ 00-01) 9:30 a.m. - Blaine Roberts,Rezone from C-1 (Light Commercial)to C-2(General Commercial) on two parcels of 1.83 acres each. The property is located northeast of and adjacent to Nord Avenue (State Highway 32), approximately 650 feet southeast of West Eighth Avenue, in the Chico area. APN 043-190-010 and 011 (DB) (FILE REZ 00- 02) The above mentioned applications, Initial Studies, and maps are on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. Upon action taken by the Planning commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. THOMAS A. PARILO DIRECTOR DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Thursday, May 18, 2000. J:\WPDOCS\PLANNING\PUBLISH\PCCOMM\PCND2.MM F - BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: LAFCo FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Dale Penne,REZ 00-01 DATE: February 1,2000 CONTACT PERSON: TDanvx- The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone from TM-5(Timber-Mountain,5 acre parcel)and TM-2(Timber-Mountain,2 acre parcel) to TM-3(Timber-Mountain,3 acrean rcel) - - - located on the west side of Biggers Lely 800 feet north of Humboldt Road,Butte Meadows,identified as APN 060-110-104& 115. Supervisorial District No.3. D93-033 ;f3 0 THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON June 8 , 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 16, 2000. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additii nal pages if necessary): RA OXO Gu oC /'L t rn 5AJ w US vn C754 Alk/ s( 9 - v � m E) BUTTE TY' 1Pj AATNTAT! T\Tllr�tnwt By: Date: 7 County Center Drive -Oroville,California 95965 - 530-538-7601 -FAX 530-538-7785 ENVIRONMENTAL NMYN 71000 BUTTE COUNTY Chico,California DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Environmental Health,Chico FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Dale Penne,REZ 00-01 ( DATE: January 26,2000 CONTACT PERSON�V)�C O-K, The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any;and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed of mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed,please call 538-7601. Thank you in advance for your time and efforts: This is an application for a Rezone from TM-5(Timber-Mountain acre arce),and TM-2 (Timber-Mountain, 2 acre arr )to TM-3(Timber-Mountain,3 are pamto on property zoned TM-5(Timber-Mountain, 5 acreparcel.)&TM-2 (Timber-Mountain,2 acre an rceD located on the west side of Biggers Lane approximately 900 feet north of Humboldt Road,Butte Meadows, identified as APN 060-110-104& 115. Supervisorial District No.3. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON lune 8, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 9, 2000. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): Z By: / Date: 7 County Center Drive -Oroville, Calitbmia 95965 - 530-538-7601 - FAX 530-538 IbE C E IVE D FEB - 7 2000 BUTTE COUNTY PLANNING DIVISION I i n i � Y • t t � f ` OZ-Wl '�J .. �. .tom-..1' ,y„"t•. �� i! 1 ` i f 04 a OOL-Owwo �H ��` I 0 1- - s«O«M 4 - - --- Ob�WI - . e0. - ( _ a uppc� r' f si rr I {, UOPeO07 POIA04d { .. 091 X. euuad area 5 6 6 V V0 6-0 6 6-030#dd 60-00 z3a i 5 1 r I I I I I r 1 -------------------------------------------- ___________________________________ - I I I - I 1 -------- s' I - A peob 1pVogwnH 90LOLL 090 am eue IIPPPBW n / 9e Uv s A - - - uo►je3o7 j�a�o�d ---- - ----------- __w• �1 LEAD IN SHEET FILE NO: REZ 00-01 AP# 060-110-104 & 115 APPLICANT: Dale Penne, 30 Caruthers Lane, Chico, CA 95973 OWNER: Same REPRESENTATIVE: NorthStar Engineering, 20 Declaration Drive, Chico, CA 95973 REQUEST: Rezone from TM-5 (Timber-Mountain, 5 acreparcel) and TM-2 (Timber-Mountain, 2 acrean rcel) to TM-3 (Timber-Mountain, 3 acrean rcel) SIZE: 7 f acres LOCATION: on the west side of Biggers Lane approximately 800 feet north of Humboldt Road, . Butte Meadows SUPERVISORAL DISTRICT#3-EXISTING ZONING: TM-5 (Timber-Mountain, 5 acre ap rcel) & TM-2 (Timber-Mountain, 2 acre parcel) ZONING HISTORY: SURROUNDING ZONING: i SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: _agricultural Residential APPLICABLE REGULATIONS: Date Rec'd 1-21-00 COMMENT DISTRIBUTION LIST APPLICATION: Dale Penne DATE: January 26, 2000 County Offices and Cities: Chief Administrative Officer _X '� Develop.Services Director X_" Public Works Director _X_ Environmental Health V' –X–✓ Assessor _ Building Manager / — Sheri ff _ BCAG _ ALUC _X_ LAFCo _ Air Quality Mgmt. _ Butte Co.Farm Bureau Biggs _ Gridley _ Chico Oroville _ Paradise / Chico Airport Commission Animal Control _X_✓ Agricultural Commission Irrigation District: Butte Water _ Biggs/W.Gridley Water _ Durham Irrigation OWID _ Paradise Irrigation _ Richvale Irrigation Table Mountain Irrigation _ Thermalito Irrigation _ Other Domestic Water _ Butte Water District _ California Water Service Co. _ Del Oro Water Co. OWID _ Thermalito Irrigation District _ Other Sewer Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision(CSA 21) _ L.O.A.PUD Fire Protection V California Department of Forestry _ El Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks Utilities _ PG&E North-Chico _ Chambers Cable TV _ Pacific Bell PG&E South-Oroville .Viacom Cable TV State Agencies CalTrans (Traffic) _ Dept.of Water Resources _ Dept.of Fish and Game Forestry(Attn:Craig Carter) _ Dept of Parks and Rec. _ Highway Patrol Central Reg.Water Quality Cont. — Caltrans,Aeronautics Program Department of Conservation _ Off.of Mining Reclamation _ Off.of Governmental&Env.Relations Dept.Social Services,Comm.Care Licensing Federal Agencies US Forest Service _ US Bureau of Land Management US Fish&Wildlife Service Army Corps of Engineers Other Districts,Agencies,Committees,etc. Lime Saddle Dist _ Community Association _ Mosq.Abatement.Oroville/Butte Cc Drainage _ Butte Env.l Council _ Paradise Pines Com. Assoc. Reclamation _ Cal Native Plant Society Butte Co.Mining Committee _ Forest Ranch Community Assoc. Butte Ck.Watershed Conservancy_ School Districts BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Dale Penne,REZ 00-01 DATE: January 26,2000 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed,please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Rezone from TM-5(Timber-Mountain,5 acre ar ),and TM-2(Timber-Mountain, 2 acre parcel)to TM-3(Timber-Mountain,3 acrean rcel)on property zoned TM-5(Timber-Mountain 5 acre ar )&TM-2 (Timber-Mountain,2 acre an rce1)located on the west side of Biggers Lane approximately 800 feet north of Humboldt Road,Butte Meadows, identified as APN 060-110-104& 115. Supervisorial District No.3. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON June 8,2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 9, 2000. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): By: Date: 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 BUTTE COUNTY STANDARD CONDITIONS FOR REZONE APPLICANT: applicant DATE: January 26, 2000 AGENT: NorthStar Engineering APN: 060-110-104 & 115 FILE #: REZ 00-01 PLANNER: PROJECT DESCRIPTION: Rezone from TM-5 (Timber-Mountain, 5 acre parcel) and TM-2 (Timber-Mountain, 2 acre parcel) to TM-3 (Timber-Mountain, 3 acre parcel) Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS H. BUILDING PERMITS 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees,Water and Sewer Service Fees,and Fire Protection Fees. 2. Prior to building permit issuance for a new commercial or industrial development,or addition to an existing development,the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include,but not be limited to: School Fee, Drainage Fee,Permit and Plan Checking Fees,Water and Sewer Service Fees, and Fire Protection Fees. I. EXISTING STRUCTURES 1. Comply with the Uniform Building Code for property line clearances considering use, area and.fire- resistiveness of existing buildings. 2. Existing building(s)shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s)or the existing building(s)shall be demolished. BUTTE COUNTY STANDARD CONDITIONS FOR REZONE APPLICANT: Dale Penne DATE: January 26, 2000 AGENT: NorthStar Engineering APN: 060-110-104 & 115 FILE #: REZ 00-01 PLANNER: PROJECT DESCRIPTION: Rezone from TM-5 (Timber-Mountain,5 acre parcel) and TM-2 (Timber-Mountain, 2 acre parcel) to TM-3 (Timber-Mountain, 3 acre parcel) Those items checked are conditions of approval. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS J. SITE DEVELOPMENT 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Exhibit B"and dated _, 19_and is incorporated herein by this reference. 2. Prior to the issuance of building permits,the plans,incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. j —3. Trash receptacle areas shall be enclosed by a 6 foot high solid masonry wall with view obstructing gates and a solid or semi-open shade cover. Plans to be reviewed and approved by the Planning Division prior to construction. 4. Prior to any use of the project site or business activity being commenced thereon,pursuant to this permit, conditions of approval contained herein shall be completed to the satisfaction of the Planning Division. —5. All electrical and mechanical equipment,including but not limited to air conditioning units,electrical boxes,transformers, and backflow preventers,shall be screened from public view. Screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. K. LANDSCAPING _ 1. A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits. 2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access,shall be provided to and approved by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of mature trees,where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter,4 feet from ground level. Mature trees removed shall be replaced by planting replacement trees of equal number and not less than_gallon size. —3. All landscaped areas shall be maintained in a healthy and thriving condition,free from weeds,trash, and debris,during the term of this permit. -4. All graded slopes, over 5 feet in height, or on slopes greater than_%, shall be seeded, planted, mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted to guarantee installation and established growth. 5. In parking lots of commercial and industrial development,trees of not less than 15 gallon size shall be provided to reduce heat gain from the paved surface and to soften the visual impact of the paved area.Such trees shall be planted at a minimum density of one tree every three parking spaces. Tree species shall be approved by the Planning Division prior to planting. 6. Prior to the commencement of grading and/or construction activity,all individual or groups of oak trees which are to be retained as part of the project,shall be fully protected through the use of root protection zones (RPZ). During construction, RPZs shall be established using protective fencing enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. Within this protective buffer,no grading, trenching, fill, or vegetation alteration of any kind shall be allowed. The RPZs shall be maintained after the completion of construction in order to continue to protect the oak trees,but the fencing shall be removed. L. GRADING _ 1. During construction, should any archaeological artifacts be discovered,the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division,and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division.Archaeological artifacts are defined as follows: —2. Prior to any clearing,grading and/or construction in a Federal or State identified 100 year floodplain and/or streambed the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404 permit or exemption certificate. M. ADDITIONAL APPROVALS 1. Prior to the issuance of building permits payment of the North Oroville/Thermalito Traffic Impact Fees shall be made. 2. Prior to the issuance of a building permit for each new or additional living unit the applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee. 3. Prior to the issuance of the Rezone,to insure the maintenance and continuance of the orchard or other agricultural use of the property, the property owner shall enter into the County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The agreement shall be recorded and recording fees paid by the applicant. 4. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. —5. This Conditional Rezone is granted for a period of month(s)at the end of which time it shall expire (unless the approving authority has held a hearing thereon and granted an extension. In connection with such an extension the approving authority may add,change,or delete conditions. 6. Approval of this Conditional Rezone shall become null and void if the use for which it has been granted is not established within two calendar year from the date of approval. No formal cancellation or revocation action by the County will be necessary. 7. The developer shall display a current County Zoning and County Land Use Map in the sales office at all times,and/or suitable alternatives. 8. Approval of this application does not become effective unless,prior to 4:00 p.m. on _, 199_,the applicant shall sign and file with the Department of Development Services an Indemnity Agreement in a form satisfactory to the County Counsel. 9. Prior to the'issuance of a building permit or prior to the issuance of a Rezone for a Mobile Home Park the Sheriff Facilities Impact Fee shall be paid,pursuant to the provisions of Chapter 3,Article II of the Butte County Code. The fee amount shall be determined and calculated as of the date of application for building permit. 10. Prior to the issuance of the Rezone the applicant or property owner shall sign and record the CSA 87 Traffic and Drainage Mitigation Agreement or pay the required fees prior to the issuance of the Rezone. 11. Prior to the issuance of the'Rezone, the applicant shall contact the Butte County Tax Collector's Office to begin the process of a Transient Occupancy Registration Certificate. A Transient Occupancy Registration Certificate shall be required within ten(10)days after commencing business for a motel, hotel, inn, tourist home, bed and breakfast, rooming house, apartment house, mobile home park,recreational vehicle park,campground,or parking area(See Chapter 23A). 12. Prior to the issuance of the Rezone,the applicant shall pay all outstanding County fees. 040 C ENV. NOEMOD DATE LAFCO PLANNING T RECEIVED FRO�,3� ES HEALTH FIRE F/G FEE OTHER APPLICANT RECEIPT TOTAL PUBLIC PUBLIC NO. RECEIVED WORKS SAL RECEIPT 18140 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISS D BV ��� I � `� 0 k . DATE RECEIPT TOTAL PUBLIC LAFCO PLANNING PUBLIC ENV. FIRE NOEMOD OTHER APPLICANT RECEIVED FROM NO. RECEIVED WORKS SALES HEALTH F/G FEE r% RECEIPT 18140 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING . ._._. . ._ .. .- DALE''E. PENNE 108 DANIELLE M. PENNE 90-4O93/1211 30 CARUTHERS LANE m CHICO, CA 95973-9757 'Date (DC7 ay tothe Order of opt to cv, �►� EO LINE LOAN CENTER.P.O.BOX 1080.LOB MOLMS.CA 98055 For kZOhel 60fl/04IL-Mr. Iw 1, 21111,409331: L90 33390Lu• 562 ro - >� zP-3 Z - C[ p_ u� rCD)-3 C tTl O-I z ::W.t,h0ta". . ..:.....:.::................................................... Ciyil Engineers Planners e Surveyors TRANSMITTAL SHEET TO: FROM: CRAIG SANDERS RICK RODRIGUEZ COMPANY: DATE: PLANNING DIVISION 01/18/00 ADDRESS: JOB NUMBER: 7 COUNTY CENTER DRIVE 6725 TRANSMITTING THE FOLLOWING: OROVILLE,CA. REZONE APPLICATION PACKET PROJECT: PENNE/BIGGERS ❑ FOR APPROVAL❑ FOR INFORMATION ❑ FOR CHECKING OR PROCESSING ❑ FOR YOUR FILES ❑ PLEASE REVIEW&COMMENT ❑ PLEASE REPLY XAS REQUESTED NOTES/COMMENTS: CRAIG, ENCLOSED FOR REVIEW AND PROCESSING ARE: 1. REZONE- UNIFORM APPLICATION with AGENT AUTHORIZATION AND ENVIRONMENTAL QUESTIONNAIRE 2. CHECK#108 RECEIVED 3. GRANT DEEDS - 2 JAN. 2 12000 4. PLAT MAP - 5 COPIES BUTTE COUNTY PLANNING DIVISION 5. APPLICATION CHECKLIST AFTER YOUR REVIEW OF THE PACKAGE I WILL DELIVER THE ADDITIONAL 30 COPIES OF THE REZONE PLAT AS REQUIRED. Q PLEASE CALL IF YOU HAVE ANY QUESTIONS. r P T N. SEC. 28 8 29, T. 26 N. RAE.E. M.D.B. 8 M60-06 L6O-05 60- ll 20 21 � 432.65 381.5 381.5 488 381.5 3"29 28 501.65 5.64 AC to 5.04 AC 7.73 AC 6.26 AC 3.58 AC 7.30 AC 5.7! AC 5.28 AC lD N 9/ 84 85 86 87 88 89 ,� 90 `� C - v� m p - 1c. p m h Q O1 8 7 Q I o 2 40 3 4 5 6 '' 439.18 1" = 300' 81GGERS GLEN S`U8. f 381.97 381.4/ 48795 381.54 339.9 MADDRI L L. LANE 115 rJA383.32 487. 1. 339. p 34111 1 ..:`5.02 Ac 3.54 AC 3.07 AC 95 3.40 AC N 2.87 AC 2.67 AC .60 AC 9 M3.33 AC 96 /4 a N on co A_ 37.0914 /3 /2 rJ °p // /0 60.16 237.09 275.Ar/ 7. 3 .57 O !78.77 381.66 210 I Q59 1.47 AC /:95 C Q 15 402.4 I I 1 f 200 �0 /6 = W 331.63 194 1 1 I -, of /O `r /O 4 ►4 7 O 10 11 ( rt r3 le a ?/ 1.53 AC 2.04 AC /.97 AC N 20 N roo loo O 0 rs `� J l 21 O O 3 O O f 46 4J 44 1 6 1 7 8 9 11 li,'o /O/ /O / 7 r GREENEMOORE CT I 2/ 3 4 in 4a a 47 a 1 r7 19 17 /8 19 176.49 235.23 FRENA CO. AWA, 194 ►dt I Iso ► 9 1.84 AC 2.26 AC TED 9-6-41 137.01 263 loo 1 3 14 IY4.s RD 2 114 HUMBOLDT ' •+ .89AC* ��s A THESE PARCELS ARE FOR ASSESSMENT PURPOSES 2/4 2 to .43Ac 45A� o h .78AC / 24 22 ONLY AND MAY NOT CONSTITUTE LEGAL PARCELS 2 1 15 14 /3 269.12 6D 232 ZO f9 is /7 "' O o 291.72 310.53 / JI 30 49 37 38 39 40 41 42 r 43 a� dl 47 8 NO a /9S/ . 81 is to Q 'Q4�.7 O O LANE 7 396.2 9 .40• r. �r' O 3s IIf 1 © C&foO�o 1 © 11.}6RS 84-95 y 24 ( 21 t6 t7 2d ' 2.g1AC 21 OR 23 10 13 34 1 33 32 3I (75 77Iona 26 .39 132 1 3 Q ZZ 6 ,l ; Agn ri 1 a O .1731 v a 25 4s9.33 3r ._&L A_ 7l o a 74 (�/ c a V aye+ to !2 22 n 9. 2.37AC 2.77AC 23 io 30PM 89-59 .96 650 ^ 1.45 AC ' _ 9.29 AC 29 26 l0 10 _ foo cwj ss O t Z,0.�4REEK J4 33 \ _ 30 - O C o _ f19.35 !r, 40.23 AC' 83 8 OU PM 107-83 �_ - - Assessor's Mop No. 60-ll M 2719.19 659.28 County of Butte, Calif. l ' ....... ..... . M. 11N .. . . .. . .... . . . ... ....... . ........ . ... .. ............. ... ..... ............. . ............... ........ .... ...... .. .. ..... ......... ..- ........... . . .... ....... ........ ......... ... ....... . . . . M. . ............ SO -F "F m IN . .. . .. Milli., ............ m xl� ij: K "FIN 0— "1 K. X-N... .. .. gg I 0", SO 10 a INS I Ml U mra m 51 -.01-111,11111.01,11".11,11 MIN W NRO" M. ...... ... .......... $ X .... ...... 11% xx $0��% .... .... .......... ................ ... . .... M 01. g .......... .. .. .. .... NMI I'M m R.. 500 . 0 500 .1000 .1500 2000 2500 3000 - 3500 4000 Feet MOMMEW BUTT9.4�OUNTY PLANNING COMMISSION : Applicant: Dale Penne Hearing Date: June 8,2000 @.9:30&rm Swemsorial :11i;:�equest: Rezone from TM-.5(Timber MounWn, acre m.in.)and TM-2 (Timber Mountain,2 acre min.)to District#3 AssessorPArcel-Noz 060-1.10-104&.1115: To Lassen Volcanic Nat/. Park CAMP-- q ----}i-�---1 TM LASSEN s CHERRY HILL �- BOY SCOUTS ti U��U SFS'STA. (f}'''{�J -BUTTE MEADOWS . V APN 60-11-091 l 8UTTE (f«'ek 4Mows y/ oa� SCALE: 1 = 100 �` / o.. y (3u11 Hill' : Q . o�'.. CHAPARRAt"' �1`� Ce0� f 459.18' 1OMC1 �_` � �� L Hmbuy e _.. it _ � .Q �- �0 e / WEST BRANCH Can, Q�d ��L�'iek 130ttie /�� ~aok PHILBR .. _. G�Q ;,� �f�`Gr. .J" 'Creek .� , 'R �- MAKE UcSi� �z � YHILIIXOOI 'C k I \ oL ( I ) I TM -5 5.02 AC 0 BIGGERS Qi APN 60-11-115 / Existing Zoning = TM-5 LEGEND LOCA T/ON MAP / Requested Zoning = TM-3 NTS MADDR/LL LN. AREA OF REZONE 0 SEE NOTES 1 & 2 0 21 LOT NUMBER PER 130 M. 151 130.00' EXISTING ZONINGBOUNDARIES M3 0 A BOUNDARY OF REZONE ❑ o 6 EXISTING IN N Existing N TWO E NG ZON G 10 well Site l 45.00 PER OP' EXISTING CONTOUR PER 130.00' 337.09 /` 95-33681 BUTTE MEADOWS QUAD (1958) 237.09' 27 .00' 4 gAp� r f a; 1.95 AC "' N PENNE 0 0 APN 60-11-103 APN 60-11-104 � PLAT TO ACCOMPANY Existing Zoning = TM-2REZONE APPLICATION RequestedTM- Zoning = TM-3 BENG LOTS o & 91 OF GLEN BIGGERS NOTES 35.23 GREENEMOORE CT. SUBDIVISION PER BOOK 130 OF MAPS 2 1. REQUESTED ZONING: TM-3 AT PAGES 51 -5$ 2. EXISTING ZONING: TM-5 & TM-2 BUTTE COUNTY CALIFORNIA Thl22 2. GENERAL PLAN: AG RESIDENTIAL For I GLEN BIGGERS & DALE PENNE 30 CARUTHERS LANE CHICO, CA. 95973 ry • I G NOrthStar CIVIL ENGINEERS * PLANNERS * SURyEY6�S 7' 4A00 ,,.• 20 DECLARATION DRIVE * CHICO, CALIFORNI495973 (530) 893-1600 Fax (530) 893-2113 ENGINEERING JOB NO. 6725 117ED JA 2 s 7000 A NNlzvG DrVISIYO t To Lassen Volcanic Natl. Park O �p� ee TMCAMP-- o -}y-�--J ` LASS EPI/� �! ` CHERRY HILL �' As` 00 1I 1 BOY SCOUTS ofd .Jt�'� i pp USFSISTA. I (/1�riryC"d,. 11 8 —BUTTE MEADOWS APN 60-11-091 ' BUTTE MDWS. J' Bull Hill SCALE: 1" = 100' CHAPARRAL �J ��`' ,�c0 459.18 LOMO cl� LJ WEST BRANCI �� � `O/Ok PHIL'BR7 LAKEerek (� PHILBROOK RKSER V011?TM =5 5.02 AC 0 BIGGERS m / APN 60-11-115 Existing Zoning = TM-5 LEGEND LOCA TION MAP / Requested Zoning = TM-3 NTS MADDRILL LN. AREA OF REZONE o SEE NOTES 1 & 2 9 0 0 21 LOT NUMBER PER 130 M. 51 130.00' EXISTING ZONINGBOUNDARIES .j o A �, BOUNDARY OF REZONE I N Existing C11 / TIS O) EXISTING ZONING 10 Well Site 45.00' PER �° EXISTING CONTOUR PER 130.00' 337.09' /� 95-33681 BUTTE MEADOWS QUAD (1958) 2-"7.09' 27 .00' goo M 4 / Ln ¢ 1.95 AC -�_ N PENNE o APN 60-11-103 APN 60-11-104 PLAT TO ACCOMPANY r Existing Zoning = TM Requested Zoning REZONE APPLICATION = TM-3 TM NOTES BEING LOTS 9 & 21 OF GLEN BIGGERS SUBDIVISION PER BOOK 130 OF MAPS, GIREENEMOORE CT. 235.23' AT PAGES 51 --58 1. REQUESTED ZONING: TM-3 2. EXISTING ZONING: TM-5 & TM-2 BUTTE COUNTY CALIFORNIA 222. GENERAL PLAN: AG RESIDENTIAL For M1 I GLEN BIGGERS & DALE PENNED , 30 CARUTHERS LANE CHICO, CA. 95973 Nc NorthStarCIVIL ENGINEERS * PLANNERS * SURVEYORS 4400 20 DECLARATION DRIVE * CHICO, CALIFORNIA 95973 [ENGINEERING (530) 893-1600 Fax (530) 893-2113 JOB NO. 6725 JAN 2 12000 ET_TTTF COUNTY To Lassen Volcanic Natl. Park CAMP-� o _ LASSEtJ/cc -4k. CHERRY HILL -� �/ a , BOY SCOUTS oTM U SISTA. .�^" 0` i I ( Cox 8 BUTTE MEADOWS APN 60-11-091 J/ El sE ( t� �o SCALE: 1" = 100' a, o autt ttitc _ f,.... ��� CHAPARRAL �� �=c 459.18' �.QM y ty49 ._dy Humbuy .. 7 z, • WEST BRANCH Can, ' �o0k PHILBR g0[tle R� LAreL- KF PFIIGBROOK x 0 5.02 AC m BIGGERS 6 APN 60-11-115 Existing Zoning = TM-5 LEGEND LOCA T/ON MAP Requested Zoning = TM-3 NTS MADDR/LL LN. AREA OF REZONE 9 o SEE NOTES 1 & 2 ci 21 LOT NUMBER PER 130 M. 51 130.00' EXISTING ZONINGBOUNDARIES TM A BOUNDARY OF REZONE o c; ,.� 0 Fr o N Existin q 04 EXISTING ZONING 10 Well Site / 45.00' PER k0' EXISTING CONTOUR PER 130.00' 337.09' / 95-33681 BUTTE MEADOWS QUAD (1958) 2:37.09' 27 .00' gRoo � r 1.95 AC Ln N PENNE 0 APN 60-11-103 APN 6011-104 00PLAT TO ACCOMPANY r Existing Zoning = TM Requested Zoning REZONE APPLICATION = TM-3 TM BEING LOTS 9 & 21 OF GLEN BIGGERS NOTEs SUBDIVISION PER BOOK 130 OF MAPS, GREENE WORE CT. 35.23' AT PAGES 51 -58 1. REQUESTED ZONING: TM-3 / 2. EXISTING ZONING: TM-5 & TM-2 BUTTE COUNTY CALIFORNIA TM2 22. GENERAL PLAN: AG RESIDENTIAL For 16 GLEN BIGGERS & DALE PENNE'�', 45 30 CARUTHERS LANE �.;;e b CHICO, CA. 95973 .y�.t N\iorthStar CIVIL ENGINEERS + PLANNERS + SURVEYORS 4*00 1,•� {, 20 DECLARATION DRIVE CHICO, CALIFORNIA 95973 ENGINEERING (530) 893-1600 Fax (530) 893-2113 —�� JOB NO. 6725 GENE JAN 2 12000 BUTTE COUNTY PLANNING DIVISION