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HomeMy WebLinkAboutREZ 01-01_PLANNING �VmIVIIVIN �IV�I�IIN �N��II �I�N�I�IIIINI�V SEPARATOR SHEET AM L741 - Orb - G"-i9 vamccrnuMeen RAZ O ! — OI PROJECT SUMMARY SHEET FILE#: REZ 01-01 PROJECT TYPE: Rezone APPLICANT: Kimberly Jensen ADDRESS: 1025 Clotilde Way, Chico,CA 95926 OWNER: same ADDRESS: REPRESENTATIVE: Ron Graves&Associates ADDRESS: P.O.Box 986, Oroville,CA 95965 PROJECT DESCRIPTION: rezone from FR-40(Foothill Recreational-40 acre parcels)to FR-20(Foothill Recreational-20 acre parcels)on a 209(+/-)acre parcel. The property is designated Agricultural Residential by the General Plan. The project resides within the Town of Paradise Sphere of Influence, the Paradise Urban Reserve, as designated by the Butte County General Plan, and the area of influence for the Paradise Skypark Airport PROPERTY ZONED: FR-40(Foothill Recreational-40 acre parcels) LOCATED: approximately 1,000 feet east of Clark road(State Route 191), on Out of the Way Road, approximately 1 mile south of the Town of Paradise and one-quarter mile east of the Paradise Skypark Airport. AP#: 041-080-049 TOWN/AREA: Paradise GENERAL PLAN DESIGNATION: Agricultural Residential 1. Application complete: January 8,2001 Amount: $2,453.00 Receipt#: 19073 2. Comments sent to: DDS,Public Works,Env.Health,Assessor,ALUC,LAFCo,Air Quality Mgmt.,Agricultural Commissioner,Town of Paradise Planning, CDF, CalTrans(Traffic) 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Ilan Breedon 7. Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish&Game: Environmental Impact Report Gen.Rule Ex. -CEQA# 15061.(bx3) Other 8. Staff Report: Project Video: 9. Clearinghouse circulation required: Yes No Date Sent to SCH: 10. Publication Notice Written: Display Ad Prepared: 11. Notices.Mailed: Number of Notices: 12. Newspaper Publication Date: 13. Planning Commissi Hearing(s): —' d� ------Action taken: Special Conditions: Commission Resolution No. P.14. Board of Supervisors' Hearing(s): 0• Action taken: Board Resolution No.: Ordinance No: 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: 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE 4 ■ v 01-265 Continued Public Hearing - Kimberly Jensen - Rezone - consideration of a rezone from FR-40 (Foothill Recreational - 40 acre parcels) to FR-20 (Foothill Recreational - 20 acre parcels) on a 209 +/- acre parcel (this is a project on which a notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given). The property is designated Agricultural Residential 1 to 40 by the General Plan. The property is located approximately 1 mile south of the Town of Paradise, and 1/4 mile east of the Paradise Skypark Airport. The property is situated at the bottom of Clear Creek Canyon, with Clear Creek bisecting the property, and identified as APN 041-080-049 (File No. REZ 01-01 [CD]) - action requested-THE PLANNING COMMISSION RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF REPORT DATED AUGUST 28, 2001, APPROVE A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; 2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT, AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN 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 UNITED STATES FISH AND WILDLIFE SERVICE. THE PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON. ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE ."OVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES;OR, CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN;AND 01-265 3. SUBJECT TO FINDINGS III(A-B) AS DETAILED IN THE STAFF REPORT DATED AUGUST 28, 2001, ADOPT AN ORDINANCE REZONING THE 209 ACRE PARCEL FROM FR-40 (FOOTHILL RECREATIONAL-40 ACRE PARCELS) TO FR-20 (FOOTHILL BUTTE COUNTY BOARD OF SUPERVISORS-MINUTES-AUGUST 28,2001 -PAG 4 ~� v a ' RECREATIONAL-20 ACRE PARCELS) THE PROPERTY OWNED BY KIMBERLY JENSEN AND RICK E.SCOTT(JOINT TENANTS)ON APN 041-080-049,SUBJECT TO THE CONDITIONAL ZONING AGREEMENT ATTACHED TO THE ZONING ORDINANCE AS EXHIBIT "A" INCLUDED IN THE STAFF REPORT DATED AUGUST 28, 2001, AND AUTHORIZE THE CHAIR TO SIGN. (**346) PUBLIC HEARING RECONVENED: 11:11 A.M. PUBLIC HEARING CLOSED: 11:21 A.M. MOTION: SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF REPORT DATED AUGUST 28,2001,I MOVE TO APPROVE A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT, AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN 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 UNITED STATES FISH AND WILDLIFE SERVICE. THE PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES;OR,CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN;AND SUBJECT TO FINDINGS III(A-B) AS DETAILED IN THE STAFF REPORT DATED AUGUST 28, 2001. FURTHER MOVE TO ADOPT ORDINANCE 3760 REZONING THE 209 ACRE PARCEL FROM FR-40(FOOTHILL RECREATIONAL-40 ACRE PARCELS)TO FR-20 (FOOTHILL RECREATIONAL-20 ACRE PARCELS) THE PROPERTY OWNED BY KIMBERLY JENSEN AND RICK E. SCOTT (JOINT TENANTS) ON APN 041-080-049, SUBJECT TO THE CONDITIONAL ZONING AGREEMENT ATTACHED TO THE ZONING ORDINANCE AS EXHIBIT"A" INCLUDED IN THE STAFF REPORT' DATED AUGUST 28, 2001, AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) BUTTE COUNTY BOARD OF SUPERVISORS-MINUTES-AUGUST 28,2001 -PAGE 5—'— Auaust 14, 2001 01-251 Public Hearing - Kimberly Jensen - Rezone - consideration of a rezone from FR-40 (Foothill Recreational - 40 acre parcels) to FR-20 (Foothill Recreational - 20 acre parcels) on a 209 +/- acre parcel (this is a project on which a notice of intent to adopt a negative declaration with mitigation measures regarding.environmental impacts has been given). The property is designated Agricultural Residential 1 to 40 by the General Plan. The property is located approximately 1 mile south of the Town of Paradise, and 1/4 mile east of the Paradise Skypark Airport. The property is situated at the bottom of Clear Creek Canyon, with Clear Creek bisecting the property, and identified as APN 041-080-049 (File No. REZ 01-01 [CD]) - action requested - STAFF RECOMMENDS THE BOARD OPEN THE PUBLIC HEARING AND CONTINUE THE HEARING OPEN TO AUGUST 28, 2001, AT 10:45 A.M. (**2298) PUBLIC HEARING OPENED AT 11:53 A.M. AND CONTINUED OPEN TO AUGUST 28, 2001, AT 10:45 A.M. Page 338 Auaust 14, 2001 O1-251 Public Hearing - Kimberly Jensen- Rezone - consideration of a rezone from FR-40 (Foothill Recreational - 40 acre parcels) to FR-20 (Foothill Recreational - 20 acre parcels) on a 209 +/- acre parcel (this is a project on which a notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given). The property is designated Agricultural Residential 1 to 40 by the General Plan. The property is located approximately I mile south of the Town of Paradise, and 1/4 mile east of the Paradise Skypark Airport. The property is situated at the bottom of Clear Creek Canyon, with C1ear.Creek bisecting the property, and identified as APN 041-080-049 (File No. REZ 01-01 [CD]) - action requested - STAFF RECOMMENDS THE BOARD OPEN THE PUBLIC HEARING AND CONTINUE THE HEARING OPEN TO AUGUST 28, 2001, AT 10:45 A.M. (**2298) PUBLIC HEARING OPENED AT 11:53 A.M. AND CONTINUED OPEN TO AUGUST 28, 2001, AT 10:45 A.M. BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -,AUGUST 14, 2001 - PAGE'S ` Kimberly Jensen, proposed Negative Declaration with mitigation measures regarding environmental impacts and Rezone from FR-40 (Foothill Recreational-40 acre parcels) to FR-20 (Foothill Recreational - 20 acre parcels) on a 209 (+/-) acre parcel. The property is designated Agricultural Residential 1 to 40 by the General Plan. The property is located approximately 1,000 feet east of Clark road (State Route 191), on Out of the Way Road, approximately 1 mile south of the Town of Paradise and one-quarter mile east of the Paradise Skypark Airport. The property is situated at the bottom of Clear Creek Canyon. Clear Creek bisects the property. APN 041-080=049 (CD) (REZ 01-01) Mr. Durling gave a brief summary of the project. Commissioner Leland said the report should say an additional 10 lots and not 20. He asked what the comments were from the Town of Paradise and whether the Town wants to leave this property as it is? Mr. Durling said this is talked about on Page 3 of the report. Commissioner Leland said if there is a conflict with what the Town of Paradise wants and meeting the criteria of the County General Plan, to what extent does the Commission defer to the wishes of the Town? Mr. Wilson said that would be a policy decision by the Commission. He said it appears that the Town of Paradise wants the land to be open space and agriculture,but even under the existing zoning, that would not be the case. Commissioner Marin said the sentiment is that the property will be annexed into the Town and the Town of Paradise remarks and wishes should carry some weight in the Commission's decision. The hearing was opened to the public. Kimberly Jensen said she agrees with staff s recommendation. She said 20 acre parcels will allow her to' keep the land as it is as much as possible. The hearing was closed. Commissioner Leland said he was inclined to recommend approval. It was moved by Commissioner Leland, seconded by Commissioner Lambert, and unanimously carried to recommend to the Board of Supervisors approval of the rezone for Kimberly Jensen, with a Conditional Zoning Agreement, subject to the findings and conditions listed below. I. Recommend adoption of a Mitigated Negative Declaration regarding environmental impacts to the Board of Supervisors, with the following findings: A. Find that an Initial Study was completed in compliance with the California Environmental Quality Act, and that said study identified significant environmental effects and includes mitigation measures that would mitigate such effects below significant levels, and that a Mitigated Negative Declaration is proposed. ■ BUTTE COUNTY PLANNING COMMISSION ■MINUTES ■ JUNE 14,2001 ■PAGE 19■ B. Find that the Planning Commission has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. C. Find, that 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 Development Services Rezone,Planning Division File No. RZ 01- 02, will have a significant effect on the environment. D. Find that the proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. Adopt the Mitigated Negative Declaration regarding environmental impacts, with Mitigation Measure#1, #2,#3 and#4 and as detailed in the Agenda Report dated June 14, 2001 items III-B, C, D and E. 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 required. The project site is not known to contain 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. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; interfere substantially with the movement of any native resident or migratory fish or wildlife species; conflict with any local policies or ordinances protection biological resources; or, conflict with the provisions of an adopted Habitat Conservation Plan. III. Recommend approval to the Board of Supervisors of Rezone REZ 01-01 for Kimberly Jensen,a single woman, and Rick E. Scott, a single man,as Joint Tenants on APN 041-080- 049 from FR-40 (Foothill Recreational -40 acre parcels) to FR-20 (Foothill Recreational - 20 acre parcels) on a 209 (+/-) acre parcel, and recommend that the Board of Supervisors adopt the Ordinance rezoning said property subject to the Conditional Zoning Agreement attached to the Zoning Ordinance as Exhibit"A", with the following findings: A. The project is consistent with the Agricultural Residential(1 to 40) General Plan designation. B.- That a mitigation measure requiring that if, during the course of construction of roads or buildings, any evidence.of an archeological find is made, all construction affecting the find are to be discontinued until a final determination is made, and plan adopted, regarding the disposition of the find mitigates the identified impact. C. That a mitigation measure requiring that any subdivision of this property shall conform to Butte County Environmental-Health Department requirements for septic systems. This may reduce the number of building lots to less than that permitted by the zoning, and mitigate the identified impact. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ NNE 14,2001 ■ PAGE 20■ D. That a mitigation measure requiring dwellings shall be placed no closer than 30 feet to the main toe of the face of the east cliff mitigates the identified impact. E. That a mitigation measure requiring roofing material for all dwellings shall be of a non- combustible material which mitigates the identified impact. r ' ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ NNE 14,2001 ■ PAGE 21■ 8. Kimberly Jensen - Rezone - Report to the Board - the Planning Commission has recommended approval of a Rezone from.FR-40(Foothill Recreational-40 acre parcels) to FR-20 (Foothill Recreational - 20 acre parcels) on a 209 +/- acre parcel. The property is designated Agricultural Residential by the General Plan. The project resides within the Sphere of Influence for the Town of Paradise, the Paradise Urban Reserve as designated by the Butte County General Plan, and the area of influence for the Paradise Skypark Airport. The property is located approximately 1,000 feet east of Clark Road (State Route 191), on Out of the Way Road,approximately 1 mile south of the Town of Paradise, and 1/4 mile east of the Paradise Skypark Airport, and identified as APN 041-080-049 (CD [REZ 01-01]) - action requested-ACCEPT FOR INFORMATION;AND SET A PUBLIC HEARING FOR CONSIDERATION OF THIS MATTER FOR AUGUST 14, 2001, AT 11:40 A.M. BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - July 10, 2001 - PAGE 3 DEPART NT OF DEVELOPNONT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: .Avera information to be Drovided is on other side: APPL.ICANT'S NAME t If applicant is different from owner an affidavit is required 1 ASSESSOR'S PARCEL NUMBER: to Kimberly Jensen041-BW-049 .ADDRESS: CITY.STATE 4k ZIP CODE: FILE NUMBER (FOR OFFICE LSE) 1025 Clotilde Way, Chico, CA 95926 NAME OF PROPOSED PROJECT f If any > TELEPHONE Rezone ( 530 ) 899-1963 LOCATION OF PROJECT(Major cross soots and Address, if any) Out Of The Way Road _ GENERAL INFORMATION REQUIRED OWNER'S NAS TELEPHONE Same as above ( ) ADDRESS: CITY.STATE&ZIP CODE ZONE GENERAL.PLAN EXISTING LAND USE r209 IZE(m Square Feet or Acres) FR 40 AR/UR Vacant acres EX SIIIVG STRUCTURES(in Square Feet) PROPOSED STRUCTURES(in Square Feet) None None (Check One) (Check One) :...=_ ❑ PROPERTY IS OR PROPOSED TO BE SEWERED [3 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 LIC UES ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP ® REZONE ❑ TENTATIVE PARCEL MAP ❑ USE PERMIT ❑ WAIVER OF PARCEL bIAP p MINOR USE PERMIT ❑ BOUNDARY LINE MODI]FICATION ❑ VARIANCE ❑ LEGAL LOT DETERMINATION ❑ MINOR VARIANCE ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN %;;; ❑ DEVELOPMENT AGRE 24ENT ❑ OTHER PROJECT DESCRTP'ITON sheets. I this application •.0[7 PROPOSED PROJECT Attach fis for a .FULL DESCRIPTION ( necessaryland division,describe the-number and size of parcels.) Rezone to 20 acre parcels. luil ini Jula8- 2001 ju U1 RIITTF COUNTY PLANNING DIVI OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OFTHE OWNER OF TILE ABOVE DESCRIBED PROPERTY. FURTHER.I AC)NOWLEDGETHE FILLXG OFTHIS APPLICATION AND CER THAT ALL OFTHE ABOVE INFORStATION IS TRUE AND ACCURATE (If an agent is to bethori7ed ezeeute an affidavit of authorizrtion lude th f w' this application.) DATE: G0 SIGNATURE: f AGENT AUTHORIZATION To Butte County, Department of Development Services; Ron Graves & Associates 534-9587 Print Name of Agent and Phone Number P.O. Box 986 Oroville, CA 95965 Mailing Address is hereby authorized to process this application for Kimberly Jensen on my property, identified as Butte County Assessors Parcel Number 041-008-049 . This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document (s) relating to record title interest. Owner(s) of Record: (sign and print name) Kimberly Jensen Print Name Print Name �s p=rre ' Signature _ fzo nl -4�12dVZ5 Architect and/or Engineer: `I� 0 G e-WVC5 e9s50C S3 4-1-5-83- Print Name of Arcl iwcvEngineer and Pbone Number Mailing Address FOR OFFICE USE ONLY Verify: rev Date received: Total amount received: AP Number(s) Legal Description � °`°Ov�in rs Au ion zat o`rr- Zoning requirements ).I �€Pro,ectDescnpton� fi _ Copies of lot plan Take by, _ Receipt No. 19673 E.H. & LD11W Plan g FD 1�l � l P� a of the currently requirld Application Fee and/or De osit An unused portion of a t I Ym }` _.•r_ Y fq FP P Y deposit) will.b�e�etutrned•-upon final action. ?100 0,A1014A.A Current fee for this application is S 6? as of Make check payable to "Butte County Treasurer". D L 6E0d C JAN 8 XOl COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM BUTTE COUNTY (To be Completed By Project Applicant) PLANNING DIVISION Date Filed General Information: 1. Name and address of owner, and/or developer, and/or project sponsor: Kimberly Jensen 1025 Clotilde Way, Chico, CA 95926 2. Address of project: Out Of The Way Road_ Assessor's Parcel Number:-41-008-049 3. Name, address, and telephone number of person to be contacted concerning this project: Ron Graves & Associates P.O. Box 986, Oroville, CA 95965 534-9587 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: N/A 5. Existing general plan designation: AR UR 6. Existing zoning district: FR'40 7. How is land currently used? Vacant 8. Proposed use of site (Project for which this form is filed):_ Divide into 10 - 20 acresparcels. Project Description: 9. Site size: 209 acres (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: N/A Compact: Total: 11. Plans attached Yes_No x 12. Proposed development schedule N/A 13. Associated projects N/A 14. Anticipated incremental or phased development ZA 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. N/A 16. If commercial, indicate the type,whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. N/A 17. If industrial,indicate type, estimated employment per shift, and loading facilities. N/A 18. If institutional,indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. N/A ❑ Butte County Department of Development Services 0 Planning Division 0 1 - bf`li�.,�' Vii. I 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 N/A 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. _ X 21. Change in scenic views or vistas from existing residential areas or public lands or roads. _ X 22. Change in pattern or character of general area of project. _ X 23. Significant amounts of solid waste or litter. _ X 24. Change in dust, ash, smoke,fumes or odors in vicinity. _ X 25. Change in bay, lake, river,stream or ground water quality or quantity, or alteration of existing drainage patterns. _ X 26. Substantial change in existing noise or vibration levels in the vicinity. _ X 27. Site on filled land or on slopes of 10 percent or more. _ X 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. _ X 29. Substantial change in demand for municipal services (police, fire,water, sewage, etc.including special districts). _ X 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). — X 31. Relationship to a larger project or series of projects. _ X ❑ Butte County Department of Development Services ❑ Planning Division ❑ 2 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. See Below 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. S.ee Below 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 l � K:\FORMS\SUBMITTAL\ENV-INFO 32) The site'As existing is typical foothill property. Steep to moderate to gentle slopes; stable soil; native plants and animals; scattered Oaks, Pines, brush. No known cultural, historical or scenic aspects:! No structures. 33) The surrounding properties are much the same. Paradise Airport to the West; scattered single family residences. No known cultural, historical or scenic aspects. 0 Butte County Department of Development Services 0 Planning Division 0 3 MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Randy Wilson, Principal Planner From: Stephen Hackney, Associate Plann Subject: Ron Grave's inquiry re: Rezone for AN 041-080-049 Date: November 9, 2000 I called Mr. Graves and confirmed next Tuesday, November 14, at 9:00 am, for a pre-application meeting with you to discuss the possibilities of processing a Rezone application for the above numbered parcel. I have attached an ArcView figure for your information. The following characteristics exist: • Parcel has over 200+ acres; • Zoning is FR-40; • General Plan is AR; • Parcel is designated by DF&G as "In Deer Herd Area, Development Permitted;" • Parcel is located in the Town of Paradise's Sphere Of Influence; • Parcel is located in the Paradise Urban Reserve; • The Paradise Urban Reserve requires the County & Town of Paradise to work together on Rezones; • Mr. Graves has indicated the purpose of the Rezone is to divide the property into 20 acre parcels; • The parcel is bordered on the south by U zoning which permits 20 acre parcels; • Parcels sized 5+/- to 10+/- acres border the property on the east and west sides. A more in-depth analysis of the site will probably show environmental characteristics such as slope & grade, a creek(Clear Creek) running through the site,possible archaeological features, etc. The General Plan land use designation is appropriate for 20 acre land division. There is existent access to the site, a road easement running through the length of the Droperty north to south. IP4 -� fa 6 o e lalelvu;o�( A 60 Aa V/ _ C d� �G✓n S.t ►'`� 117 y AIN\ fill F�-140 R V '.E-E',R HERD REA, V L P NT PER I 041-080-049 FR-40 AR RADISE A re of Influenr% R- 205.901 t 0 rad�se Urba R�es 40 -40 AR A L 1 SCHEDULE A Order Number: 203185 Policy No.: 27-37-97-10840 Amount of Insurance: $ 175,000.00 Premium: $ 913.00 Date of Policy: June 6, 2000 at 09:00 a.m. 1. Name of Insured: Kimberly Jenson, a single woman and Rick E. Scott, a single man, as Joint Tenants 2. Your interest in the land covered by this Policy is: i A Fee and Easement 3. The land referred to in this policy is described as follows: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF E C� p EoME AN 8 xuoI BUTTE COUNTY PLANNING DIVISION THIS POLICY VALID ONLY IF SCHEDULEB IS ATTACHED 1 �1 Bllllc � itl'f«� � a ALTA Enhanced Owner's Resid. Policy- 1997 Order No. 203185 Policy No. 27-37-97-10840 EXHIBIT "ONE" PARCEL I: All that portion of Section 2, Township 21 North, Range 3 East, M.D.B. &M., lying Easterly of the following described line: Beginning at the point of intersection of the North line of said Section 2, Township 21 North, Range 3 East, M.D.B. &M. with the East line of Clark Road, as said road is described in Deed to the County of Butte, recorded August 5, 1938, in Book 86, Page 368, Official Records; thence Easterly along the North line of said Section 2, a distance of 910 feet to the true point of beginning for said line; thence leaving said North line, South 14 deg. 50' East 1770.0 feet; thence South 35 deg. 10' East 883.0 feet; thence South 17 deg. 20' West 1010.0 feet; thence South 26 deg. 20' West 1070 feet; thence Southerly in a straight line to a point on the South line of said Section 2, which point bears Easterly, measured along said South line, a distance of 1260.11 feet from the point of intersection of said South line with the Easterly line of Clark Road, as said road is described in the Deed to the County of Butte hereinabove referred to and the end of said line. EXCEPTING THEREFROM that certain parcel of land described as follows: Commencing at the East quarter corner of said Section 2; thence along the East line thereof, South 330 feet to the Northeast corner of that certain parcel of land described in Deed form Ole Hesbol, et ux, to F. M. Bethard, recorded November 22, 1917, in Book 153 of Deeds, Page 50, Butte County Records, and being the true point of beginning for the parcel of land herein described; thence from said true point of beginning, along the North line of said Bethard Parcel 2145.0 feet to the Northwest corner thereof; thence along the West line of said Bethard Parcel, South 330 feet to the Southwest corner thereof; thence along the Easterly line of that certain parcel of land described in Deed from F. M. Bethard, et al, to Ole Hesbol, recorded November 22, 1917, in Book 153 of Deeds, Page 49, Butte County.Records, South 3 deg. 49' West to the Southeast corner of said Hesbol parcel on the South line of said Section 2, which point is 363 feet East from the South Quarter corner of said Section 2; thence along the.South line of said Section 2, East a distance of 2277 feet to the Southeast corner of said Section 2; thence along the East line of said Section 2, North a distance of 2310 feet to the true point of beginning. PARCEL II: A right of way for road and utility purposes over a strip of land 60 feet in width and having a length of 1010 feet, said strip lying Westerly of and adjacent to the course and distance set forth as South 17 deg. 20' West 1010 feet in Parcel I described herein. PARCEL III: A right of way for road and utility purposes over and across a strip of land 60 feet in width, extending Westerly form the Westerly line of the herein described property to the Easterly line of Clark Road, said right of way to be located within the South 1000 feet of that certain parcel of land described in Deed to Hugh M. O'Neil recorded February 10, 1964, in Book 1295, Page 348, Official Records, the 2 t ALTA Enhanced Owner's Resid. Policy- 1997 Order No. 203185 Policy No. 27-37-97-10840 Northerly line of said Southerly 1000 feet being parallel with the South line of said parcel and 1000 feet perpendicularly distance from said South line. PARCEL IV: A non-exclusive easement for road and public utility purposes over a strip of land 60.00 feet in width, lying 30.00 feet on each side of the following described road centerline located in the South half of Section 35, Township 22 North, Range 3 East, M.D.B. &M.: Beginning at a 3/4" iron pipe and tag LS 2843, marking the most Easterly corner of Parcel 4, as shown on that certain Parcel Map for 10-M Corp., which Map was recorded in the Office of the Recorder of Butte County, California, in Book 57 of Maps, at page 36; thence following along the Westerly boundary line of Clark Road and along the arc of a 750.00 foot radius curve concave to the West, the radius point at this point bears North 74 deg. 25' 32" West, Southerly through a central angle of 6 deg. 07' 06" for an arc distance of 80.09 feet to the Southeast corner of said Parcel 4; thence South 81 deg. 31' 27" East, for 51.27 feet to a point located in the centerline of said Clark Road, said point being the true point of beginning for the road centerline herein described; thence from said true point of beginning continuing South 81 deg. 31' 27" East, for 107.93 feet to the beginning of a tangent 150.00 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 37 deg. 16' 16", for an arc distance of 97.58 feet to the end of said curve; thence South 44 deg. 15' 11" East, for 85.88 feet to the beginning of a tangent 250.00 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 27 deg. 07' 31", for an arc distance of 118.36 feet to the end of said curve; thence South 17 deg. 07' 40" East, for 18.02 feet to the beginning of a 30.00 foot radius tangent curve to the left; thence following along the arc of said curve, through a central angle of 180 deg., for an arc distance of 94.25 feet to the end of said curve; thence North 17 deg. 07' 40" West, for 18.02 feet to the beginning of a tangent 310.00 foot radius curve to the left; thence following along the arc of said curve, through a cental angle of 22 deg. 07' 31" for an arc distance of 119.71 feet to the beginning of a 285.45 foot radius reverse curve to the right; thence following along the arc of said curve through a central angle of 31 deg. 37' 18", for an arc distance of 157.54 feet to the end of said curve; thence North 7 deg. 37' 54" West, for 113.68 feet to the beginning of a tangent 100.00 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 33 deg. 53' 50", for an arc distance of 59.16 feet to the end of said curve; thence North 26 deg. 15' 56" East, for 56.74 feet to the beginning of a tangent 100.00 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 36 deg. 54' 46", for an arc distance of 64.43 feet to the end of said curve; thence North 63 deg. 10' 42" East, for 41.56 feet to the beginning of a tangent 100.00 foot radius curve to the left; thence following along the arc of said curve, through a central angle of 38 deg. 16' 30", for an arc distance of 66.80 feet to the end of said curve; thence North 24 deg. 54' 12" East, for 111.24 feet to the beginning of a tangent 50.00 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 184 deg. 25' 05", for an arc distance of 160.93 feet to the end of said curve; thence South 29 deg. 19' 17" West, for 98.49 feet to the beginning of a 300 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 11 deg. 40' 21", for an arc distance of 6 1.11 feet to the end of said curve; thence South 40 deg. 59' 37" West, for 61.51 feet to the beginning of a 50 foot radius curve to the left; thence following along the arc of said curve, through a central angle of 75 deg. 10' 55", for an arc distance of 65.61 feet to the end of said curve; thence South 34 deg. 11' 18" East, for 45.82 feet to the beginning of a 100 foot radius. curve to the left; thence following along the arc of said curve, through a central angle of 40 deg. 56' 30", for an arc distance of 71.46 feet to the end of said curve; thence south 75 deg. 07' 48" East, 3 ALTA Enhanced Owner's Resid. Policy- 1997 Order No. 203185 Policy No. 27-37-97-10840 for 286.09 feet to the beginning of a 47.83 foot radius curve to the left; thence following along the arc of said curve, through a central angle of 164 deg. 52' 40", for an arc distance of 137.64 feet to the end of said curve; thence North 60 deg. 00' 28" West, for 121.52 feet to the beginning of a 50 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 121 deg. 17' 23", for an arc distance of 105.85 feet to the end of said curve; thence North 61 deg. 16' 55" East, for 58.93 feet to the beginning of a 250 foot radius curve to the right; t hence following along the arc of said curve, through a central angle of 14 deg. 21' 53", for an arc distance of 62.68 feet to the end of said curve; thence North 75 deg. 38' 48" East, for a distance of 70.45 feet to the beginning of a 300 foot radius curve to the length; thence following along the arc of said curve, through a central angle of 9 deg. 22' 21", for an arc distance of 49.07 feet to the end of said curve; thence North 66 deg. 16' 27" East, for 21.85 feet to the beginning of a 116.00 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 102 deg. 29' 37", for an arc distance of 207.51 feet to the end of said curve; thence South 11 deg. 13' 56" East, for 254.01 feet to the beginning of a 450 foot radius curve to the left; thence following along the arc of said curve, through a central angle of 14 deg. 24' 30", for an arc distance of 113.16 feet to the end of said curve; thence South 25 deg. 38' 26" East, for 219.86 feet to the beginning of a 225 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 28 deg. 14' 45", for 110.92 feet to the end of said curve; thence South 2 deg. 36' 19" West, for 160.93 feet to the beginning of a 300 foot radius curve to the left; thence following along the arc of said curve, through a central angle of 25 deg. 57' 36", for an arc distance of 135.95 feet to the end of said curve; thence South 23 deg. 21' 17" East, for 193.10 feet to the beginning of a 140 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 23 deg. 17' 12", for 56.90 feet to the end of said curve; thence South 0 deg. 04' 05" East, for 27.14 feet to the intersect the Southerly boundary line of said Section 35, which point bears North 89 deg. 23' 35" East, for 312.13 feet from the South quarter corner of said Section 35, and the end of said described road centerline. Assessor's Parcel No: 041-008-049 4 ALTA Enhanced Owner's Resid. Policy - 1997 Order No. 203185 Policy No. 27-37-97-10840 SCHEDULE B EXCEPTIONS In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2000-2001. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Oro Electric Corporation Purpose: public utility purposes Recorded: April 19, 1913, Book 135 of DEEDS, Page 248, Affects: The East 1/2 of the West 1/2 of Section 2 Township 21 North Range 3 East, M. D. B. & M. The exact location and extent of said easement is not disclosed of record. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Oro Electric Corporation Purpose: public utility purposes Recorded: April 19, 1913, Book 135 of DEEDS, Page 254, Affects: The South 1/2 of the South East 1/4 and the South 1/2 of the North 1/2 of the South East 1/4 of Section 2, Township 21, North Range 3 East, M. D. B. & M. The exact location and extent of said easement is not disclosed of record. 5 } E C E 0 V E D REZONE JAN 8 2101 APPLICATION PACKET CHEC IST BUTTE COUNTY PLANNING DIVISION 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. ❑ 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. ❑ '$1f 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. ❑ Ci[E] A Copy of the Grant Deed,a map of property showing the precise boundaries and/or a legal scription. 4. ❑ ayment of the currently required Application Fee and/or Deposit (Any unused portion of ZThirty-five eposit will be returned upon final action, if any remains). (Plannner advises applicant) 5. (35),.copies of plans which shall include a detailed site plan drawn to scale. All plans shall be drawn on uniform size sheets no greater than 24" X 36". The finished plans shall be folded to 8 1/2" x 11". The detailed site plan must include: i j a. ❑ 2r Name and address of Applicant, Engineer and/or Architect b. ❑ Assessor Parcel Number(s) and the street address. c. ❑ 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. 1. t i t g ILLjo i ;- I be waived by the Director of Development Services or the Director's designee. Waved ❑ YES ❑ NO e. ❑ 3XFor vacant or substantially undeveloped land, show contours as per USGS maps or better. f. ❑ EJZ 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. ❑ MXNorth 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 to of sheet. h. ❑ Vicinity Map I. ❑ All plans must be clear and legible. 6. ❑ detailed 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: "— "�~� Date: O Applicant/Representative Signature: Date: Planning Receiving Application K:\fonns\submital\rezone.frm IF INSUFFICIENT INFORMATION IS SUBMITTED,THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 1,• y 0 CONTOUR UNC FR 40 (/ O S5 AR l` 100'ftf AT10N INTERVALS 5' �O FR 40 J7 I STI SCALE: r=500' I s e`vz5' SECTION //79•.el \ \ / AR COMER - -r\-- -- - - - - - - - •.7.oa 7e9.)o' I 744- T.` SECTION 5 CORN 7 COMER I �i` 7 / ) . P C I I �� I a$ I 11 ACRS ALOCATION MAP I II NOT TO SCALE OWNER/ I (1I1 APPLICANT: RICK SCOTT FR 40 1l 1025 CLOTILOE WAY ' AR I JJic. CHICO. CA. 95926 1C, CENTER 1 \ 4 AR UR ORNER 1/• 1 '1 �\ CORNER CORNER 1 ` - ZONING: FR 40 f--- -- - --- - —.- - -'— - e- - FR 40 I I r Sg Ti pN 00°'SY;. AR APF 041-00e-049 Io 8=00' OO 1 le' nsela' 3" s 9.r5e E l i I I z. N Se•Sr w I TENTATIVE I I Q FR 40 I PARCEL MAP g AR F OR RICK SCOTT & K IVIBERLY JENSEN 6500' I A PORTION OF SECTION 2 SECTION T.21 N., R.3 E., M.D.M. IN THE 3 I 2 COMER 7�I y� SECTION I UNINCORPORATED AREA OF CORNER\I 1 BUTTE COUNTY, CALIFORNIA _ — — —— — —— ——— —— — SeJ.7T• — -' -' — — —— —— — AP/ Oat-006-049 10 ( 11 See••21' — — - ROTI Graves 1/• ,' U 11 I 17 �Ils & associates s.. CORNEA AR s P.O.Box 985 OROVTLLE•CAL. 95965 PA.(570)5.14-9587 RAP 00-090 Kimberly Jensen 041080006000 041080017000 REZ 01-01 GULDENBREIN FRANCIS&JUANITA MUTO JAMES A&EMA AP 41-080-049 717 VERVAIS AVE 2409 LAS PLUMAS AVE VALLEJO CA 94591 OROVILLE CA 95966 041080049000 041080064000 041080081000 JENSON KIMBERLY ETAL STOVALL LONNIE&SANDY JOHNSON CECIL M TRUSTEE 1025 CLOTILDE WAY 11375 GREEN ROAD 6901 N JONES BLVD CHICO CA 95926 WILTON CA 95693-9734 LAS VEGAS NV 89131 041080083000 041080107000 041080110000 DUTTON.GERALD W&LAURA C BATTAGLIA DENNIS&ALYNN THOMAS ROBERT L&GERALDINE A JOHNSON C J 227 GOOD VIEW DR TRUSTEES 6901 N JONES BLVD PARADISE CA 95969 4396 MORGAN RIDGE RD LAS VEGAS NV 89131 PARADISE CA 95969 04-1080123000 041080124000 041080125000 CARLI ROBERT M.&MARNA.E FRYE ELGIN DALE&GLORIA JANE HIMANGO GERRY A&CAROLYN R 115 GOODVIEW DR 135 GOOD VIEW DR 1650 GINNY LANE PARADISE CA 95969 PARADISE CA 95969 PARADISE CA 95969 041250009000 058590015000 CAMPBELL KATHERINE DUENSING 055510014000 HILL JOYCE C TRUSTEE COUCHOT MAURICE&LESLIE 3696 OAK RAVINE LANE 1192 EAST 1 ST AVE 9 WINDY RIDGE OROVILLE CA 95965 CHICO CA 95926 PARADISE CA 959966 9-6387 058590016000 058590017000 058590018000 ENGLUND RALPH L TR VALENCIA PAMELA J HALL GLENN A&JACKIE L 12012 SAMOLINE 3691 OAK RAVINE LN 3643 OAK RAVINE LN DOWNEY CA 90242 OROVILLE CA 95965 OROVILLE CA 95965 058590019000 SMITH SHERIDAN L&BEVERLY J Ron Graves and Associates 5754 PINE BRAE P. O. Box 986 K:\PROJECTS\REZVENSENuabels.doc OROVILLE CA 95965 Oroville, CA 95969 - 1 C) O c 7 -�_� C7 I 7 , � ` �� 1 � ' � i e � 1 t ,_ ; , �.� � � J � A • � f ' __ 1 1 �� A { y � I j - �� V , Ik � - ,_ 1 �� P �� r - 3 ��� F .� � �!� , PROJECT REVIEW CHECKLIST Project Planners fill out this in-house checklist upon receipt of a new project. Project Number: ( 'L 'l�(-!� Project/Application Name: _J Project Site Zoning: C7 General Plan Designation: ZAk APN: q Project Planner: C�-�� �J Date completed: 2–R-0 \ pIs the project located within any of the following areas? Y 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 ❑ Planning Areas ❑ Urban Reserve _ ❑ Durham-Dayton-Nelson Planning Area (?4 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 C(-- Winter Range _-2�0-,4&2.oe ❑ Critical`WinterRange----' ❑ 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 ❑ Urban Area(As defined in Improvement Standards for Chapter 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 _ L City of P_aradise� Watershed Areas ❑ Butte Creek ❑ Cherokee ❑ Big Chico Creek ❑ Wyman Ravine Study Area ❑ Little Chico Creek ❑ Rock Creek Study Area ❑ Sacramento River Conservation (SB 1086) ❑ WP Overlay Zone Area Essential Services ❑ Public Water District fWell(s) ❑ Public Sewer District =LLn siteSewe r If well and/or on-site sewage disposal, has Environmental Health determined the application filing requirements? ❑;_.._Pre:application,review complete G"®— P_re-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 P ❑ Department of Water Resources (DWR)/ ❑ Office of Mine Reclamation Reclamation Board ❑ HCD (Mobile Home Parks) ❑ Department of Fish and Game (DFG) ❑ Department of Fish and Game ❑ CALTRANS ❑ Other ❑ Regional Water Quality Control-Board ❑ Army Corps of Engineers ❑ Butte County Air Quality Control District ­Oiher 4— _(VP Comments:�.i '�� ��" .(it Tl�J l 5 7FEz!f Version:9/28/99 CAMy DocumentsTROJECT REVIEW CHECKLIST.doc ut county .. ... to LAN D O F N A T U RA L W EA LT H A N D B E A U T Y DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE CALIFORNIA O NIA 95965 3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 November 1, 2001 www.buttecounty.net Kimberly Jensen 1025 Clotilde Way Chico, CA 95926 RE: Rezone, File No. REZ 01-01 Dear Ms. Jensen: The total cost for the processing of the above-referenced application which was approved by the Board of Supervisors on August 28, 2001, is $4,107.25. On January 8, 2001, a deposit was made in the amount of 52,000.00. The cost exceeded the deposit by$2,107.25. Below is a breakdown: Deposit on 1-8-01, Receipt No. 19073 $2,000.00 Professional Planner $3,613.75 Mapping $ 89.50 Clerical $ 405.00 Total $4,107.25 Total Amount Due & Payable $2,107.25 Please make a check payable to the Butte County Treasurer in-the amount of$2,107.25 and remit it to the Department of Development Services, Planning Division at 7 County Center Drive, Oroville, CA 95965 within 30 calendar days. Should you have any questions,please contact this office Monday thru Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely 6odterson Supervisor, Clerical Support Services :jb utte ount � I 7 '= _X/ 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 28, 2001 Kimberly Jensen 1025 Clotide Way Chico, CA 95926 Re: Conditional Zoning Agreement, File REZ 01-01 Dear Ms. Jenson: Enclosed is the Agreement approved by the Butte County Board of Supervisors on August 23, 2001. The signature must be Notarized before this Agreement can be recorded. Please have this Agreement signed and notarized and returned to this office for submittal to the Board of Supervisors as soon as possible in order to publish the rezone ordinance. Should you have any questions.regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson ' Planning/Administrative Support Service Assistant /lr Enc: ORDINANCE NO. 3760 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AN FR-20 (FOOTHILL RECREATIONAL- 20 ACRE PARCELS) DISTRICT, PURSUANT 1 TO SECTION 24-25.40. 2 The Board of Supervisors of.the County of Butte, State of California, 3 under and pursuant to Section 24-25.40 of the Butte County Code of said County, 4 ORDAINS, as follows: 5 SECTION 1. The hereinafter described area situated in the County of 6 Butte, State of California, shall be and it is hereby zoned as an FR-20 (Foothill 7 8 Recreational - 20 acre parcels)District, and such area shall be-subject to the restrictions 9 and restricted uses and regulations pursuant to Butte County.Code Section 24-110 through 10 24-110.10. 11 Said area so zoned being located in the unincorporated area of Butte 12 County, Paradise area, more particularly described as follows: 13 Being the property shown in the Record of Survey in Section 2,T. 21 N. 14 R. 3 E.,MDB&M,Butte County,California,Recorded 19 November 1992 15 at 8:01 AM in Book 127 of Maps at Page 69. 16 Containing 209 acres, more or less. i 17 SECTION 2. Conditional Zoning. The zoning reclassification enacted by 18 this ordinance is subject to condition(s) imposed pursuant to Butte County Code Section 19 24-25.40, subsections (c) and(d). The conditions are as specified in a Conditional Zoning 20 Agreement to be signed by the Owner(s) of the property and by the County. Said 21 22 Agreement shall be in substantially the form attached hereto as Exhibit A. The i 23 description of the property which is the subject of this rezoning shall be the same in the 24 Agreement as set forth in Section I above. The Chairman of the Board of Supervisors is 25 authorized and directed to sign.the Agreement on behalf of the County of Butte. 26 1 SECTION 3. This Ordinance shall be and it is hereby declared to be in 2 3 full force and effect from and after thirty(30)days after the date of its passage, and before 4 the expiration of fifteen (15) days after its passage,this Ordinance shall be published once 5 with the names of the members of the Board of Supervisors voting for and against it in the 6 Paradise Post, a newspaper published in the County of Butte, State of California. 7 PASSED AND ADOPTED by the Board of Supervisors of the 8 County of Butte, State of California, on the 28th day of August , 2001, by the 9 10 following vote: 11 AYES: Supervisors Beeler, Dolan, Houx, Yamaguchi and Chair Josiassen 12 NOES: None 13 ABSENT: None 14 NOT VOTING: None 15 16 CUR JOSIASSEN, CHAIRMAN 17 County Board of Supervisors 18 ATTEST: JOHN S. BLACKLOCK, Chief Administrative 19 Officer and Clerk of the Board 20 21 22 23 24 25 26 EXHIBIT "A" Recording Requested By County of Butte And When Recorded Return to Clerk of the Board of Supervisors 25 County Center Drive Oroville, CA 95965 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this day of , 2001, by and between Kimberly Jensen, a single woman, and Rick E. Scott, a single man, as Joint Tenants, herein called "Owner", and the COUNTY OF BUTTE, a political subdivision of the State of California, herein called "County". WITNESSETH WHEREAS, Owner is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described as follows: Being the property shown in the Record of Survey in Section 2, T. 21 N. R. 3 E., MDB&M, Butte County, California, Recorded 19 November 1992 at 8:01 AM in Book 127 of Maps at Page 69. Containing 209 acres, more or less. WHEREAS, the Property is now zoned FR-40'( Foothill Recreational - 40 acre parcels) and is designated as Agricultural Residential 1 to 40 by the General Plan.; and WHEREAS, Owner has applied for a reclassification of zoning.of the Property from its present classification to FR-20 (Foothill Recreational -20 acre parcels); and WHEREAS, public hearings have been held upon said application before the Board of Supervisors of the County of Butte, State of California, and after having considered the matter presented, the Board has determined that certain conditions to the zoning reclassification of said real property must be imposed so as not to create any problems inimical to the health, safety and the general welfare of the County of Butte. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification to FR-20 (Foothill Recreational - 20 acre parcels) is being granted and will be enacted by ordinance, the said reclassification shall be subject to the following conditions: I. This Agreement is made pursuant to Butte County Code Section 24-25.40 (c), between the property owner and County of Butte, and includes the following provisions: A. If, during the course of construction of roads or buildings, any evidence of an archeological find is made, all construction affecting the find are to be discontinued until a final determination is made, and plan adopted (regarding the disposition of the find). B. Any subdivision of this property shall conform to Butte County Environmental Health Department requirements for septic systems. This may reduce the number of building lots to less than that permitted by the zoning. C. Dwellings shall be placed no closer than 30 feet to the main toe of the face of the east cliff. D. Roofing material for all dwellings shall be of a non-combustible material. II. In the event Owner, any successor in interest of Owner, or any person in possession of the Property, violates or fails to perform any of the conditions of this Agreement within thirty(30) days after notice thereof as provided in Paragraph 3, the Board of Supervisors of County may instruct the County Counsel to institute legal proceedings to enforce the provisions of this Agreement.Y The Board of Supervisors of County may also initiate proceedings to rezone the property to the classification to which it is now zoned or any other suitable classification and to redesignate the property to its present General Plan designation . III. Notice of violation of any of the provisions of this Agreement shall be sent to Owner or successor at the address of the then current owner as identified on the current tax roll. IV. In the event suit is brought by the County Counsel of County to enforce any of the provisions of this Agreement, Owner agrees to pay to County a reasonable sum to be fixed by the Court as attorney's fees. V. Each and every one of the.provisions of this Agreement herein contained shall run with the land and shall bind and inure to the benefit of the successors in interest of Owner and County, in the same manner as if they had been expressly named herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Dated: Kimberly Jensen, a single woman, and Rick E. Scott, Owner By Kimberly Jensen By Rick E. Scott COUNTY OF BUTTE, a political subdivision of the State of California Dated: By Curt Josiassen, Chair Butte County Board of Supervisors [Attach Notary form] K:\PROJECTS\REZUenscn\ZnAgrmtwpd is Oil" I-'1' �..Y; LAND OF NATURAL WEALTH AND BEAUTY >= <v PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 August 29, 2001 Kimberly Jensen 1025 Clotilde Way Chico, CA 95926 Re: Rezone, File REZ 01-01, APN 041-080-049 Dear Ms. Jensen: At the regular meeting of the Butte County Board of Supervisors held August 28, 2001, Ordinance No. 3760 was adopted which rezones from FR-40 to FR-20 that property located approximately 1,000 feet east of Clark Road (State Route 191), on Out of the Way Road, approximately 1 mile south of the Town of Paradise and one-quarter mile east of the Paradise Skypark Airport. 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. 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 Carl Durling at the Planning Division between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /Ir BUTTP1 COUNTY CLERK OF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDAITEM: AGENDATITLE: Kimberly Jensen, Rezone, REZ 01-01 DEPARTMENT: DDS, Planning DATE: 8/3/01 MEETING DATE REQUESTED: 8/28/.01 CONTACT: Carl Durling PHONE: 7150 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 X CAO OFFICE USE ONLY If yes,complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No X 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_L_ 4J5's Vote Required: Yes: No: Auditor-Controller's Number(if required): County Counsel's Approval: Yes No X Date Received by Clerk of Board: Will Proposal Require Additional Personnel: Yes No X Number of Permanent: Temp Extra Help Previous Boar ` ' cti Date: Additional Information Attached:Yes X No Describe. ac et Rev.1108 SPI IAL INSTRUCTIONS TO CLL____( Number of originals required to be returned to Department: 1 "Please Note" Department is responsible for returning contract to contractor. Clerk'of the Board returns •completed Auditor's copy ONLY. Requested Board Action: Conditional Zoning Agreement Ordinance Required___X_ Resolution Required Minute Order Required For Infomration 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 dayrg for 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 SU UVIARY: Kimberly Jensen, Rezone from FR-40 ( Foothill Recreational - 40 acre parcels) to FR- 20 (Foothill Recreational - 20 acre parcels) on a 209 (+/-) acre parcel. The property is designated Agricultural Residential by the General Plan. The project resides within the Town of Paradise Sphere of Influence, the Paradise Urban Reserve, as designated by the Butte County General Plan, and.the area of influence for the Paradise Skypark Airport. LOCATION: Approximately 1,000 feet east of Clark Road (State Route 191), on Out of the Way Road, approximately 1 mile south of the Town of Paradise and one-quarter mile east of the Paradise Skypark Airport. APN 041-080-049 (CD) REZ 01-01 ACTION FOR CONSIDERATION: I. Approve a Mitigated Negative Declaration regarding environmental impacts, with the following findings: A. The Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and includes mitigation measures that would mitigate such effects below significant levels, and a Mitigated Negative Declaration is proposed. B. The Board of Supervisors has considered the proposed Mitigated Negative Declaration together with comments received during the review process. C. On the basis of the whole record before the Board of Supervisors, including the Initial Study and any comments received, and with the inclusion of Mitigation Measures#1 though#4, there is no substantial evidence that the Kimberly Jensen Rezone, (Planning Division File No. RZ 01-01) would have a significant effect on the environment. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, with Mitigation Measures#1 though#4 as shown in III-B below. II. 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 required. The project site is not known to contain 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. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands K:\Planning\PROJECTS\REZVensen\SUMMARY.doc as defined by Section 404 of the Clean Water Act; interfere substantially with the movement of any native resident or migratory fish or wildlife species; conflict with any local policies or ordinances protection biological resources; or conflict with the provisions of an adopted Habitat Conservation Plan. III. Adopt an Ordinance rezoning the 209-a6re parcel from FR-40 ( Foothill Recreational - 40 acre parcels) to FR-20 (Foothill Recreational - 20 acre parcels) for the property owned by Kimberly Jensen, a single woman, and Rick E. Scott, a single man, as Joint Tenants, on APN 041-080-049 subject to the Conditional Zoning Agreement attached to the Zoning Ordinance as Exhibit "A," with the following findings: A. The project is consistent with the Agricultural Residential (1 to 40) General Plan designation. B. The following mitigation measures reduce project impacts to less than significant. 1. If, during the course of construction of roads or buildings, any evidence of an archeological find is made, all construction affecting the find is to be discontinued until a final determination is made, and plan adopted(regarding the disposition of the find). 2. Any subdivision of this property shall conform to Butte County Environmental Health Department requirements for septic systems. This may reduce the number of building lots to less than that permitted by the zoning. 3. Dwellings shall be placed no closer than 30 feet to the main toe of the face of the east cliff. 4. Roofing material for all dwellings shall be of a non-combustible material. K:\Planning\PROJECTS\REZITensen\SLTMMARY.doc BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT—August 28, 2001 Applicant: Kimberly Jensen Location: Approximately 1,000 feet east File#: REZ 01-01 of Clark Road (State Route 191),on Out of the Way Road, Request: Rezone from FR-40 (Foothill approximately 1 mile south of Recreational -40 acre parcels) the Town of Paradise and one- to FR-20 (Foothill quarter mile east of the Recreational - 20 acre parcels) Paradise Skypark Airport. on a 209 (+/-)acre parcel. The property is designated Parcel Size: 209 (+/-) Agricultural Residential by the General Plan. The project is Zone date: 18 September 1990 located within the Town of Paradise Sphere of Influence,, Supervisor District: 4 the Paradise Urban Reserve(as designated by the Butte Attachments: County General Plan), and the area of influence for the A. Site Area Maps Paradise Skypark Airport. B. Ordinance C. Conditional Zoning Agreement G.P.: Agricultural Residential (1 to D. Planning Commission minutes of July 14, 40) 2001 E. Initial Study Zoning: FR-40 (Foothill Recreational - 40 acre parcels) APN: 0417080-049. STAFF COMMENT: The Planning Commission reviewed this project on June14, 2001. The Planning Commission, on a 4-0 vote, recommends approval of this Rezone with conditions and findings. PROJECT DESCRIPTION/SITE CHARACTERISTICS: The property is situated at the bottom of Clear Creek Canyon. Clear Creek bisects the property. The property ranges in elevation from about 750 feet at the center of the property to about1,100 feet elevation near the east ridge line of the canyon. Out of the Way Road bisects the property and is an ■ BUTTE COUNTY BOARD OF SUPERVISORS ■ AGENDA REPORT ■PAGE 1 ■ unimproved graded road. The predominate flora is moderate undergrowth within scattered oak trees. A single home site is being prepared. ANALYSIS: Project Background Out of the Way Road is an existing private road created by easement from Clark Road, near the entrance to the Skyway(Paradise)Airport, accessing Clear Creek Canyon then extending south into and through the subject property. The road through the subject property is rough graded and is more of a jeep trail than a road. However, the road does extend further south then comes up the canyon side back to Clark Road. There are two access routes into the canyon and property. The property owners have begun grading a site for a home near the north property line The proposed rezone was reviewed by the Department of Environmental Health (see comments below). Their concern is related to the number of lots that would be created by this project (10). Although 10 lots may be permitted by the proposed zoning, the septic field requirements might restrict the number of buildings, and thus lots, to fewer than the number of lots that would be allowed by the zoning. A zoning agreement has been prepared with a condition acknowledging this possibility and requiring compliance. The Department of Fish and Game has designated this parcel as "In Deer Herd Area", but development is permitted: According to Butte County constraints mapping, the project may be located in an area considered having archeological sensitivity. Such sites are often 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 assesses the probability of archeological significance on the physical characteristics and history of different areas of the County. Although the project area has suffered the effects of significant mining in the late 1800s, there is a possibility that archeological remains still exist within the project boundaries. The zoning agreement, therefore, includes a condition to.cover the possibility of sites in the area. The east side of the property rises from the creek to the toe of a bluff with a face height of 50 feet to 200 feet. To prevent any damage that would be caused from falling material sloughing off the cliff, a conditon has been added to the zoning agreement. This condition requires locating dwellings no closer than 30 feet from the main toe of the face of the east cliff. Although the,Fire Department (CDF) indicated there is no impact by the proposed zoning, there might be an incremental increase in service costs. Because of the difficulty of access to the canyon and project property, as well as the existence of vegetation and trees, a'condition has been added to the zoning agreement requiring that roofing material .for all dwellings be of a non-combustible material. Additional conditions may be added during the Tentative Map phase as appropriate. ■ BUTTE COUNTY BOARD OF SUPERVISORS ■ AGENDA REPORT ■PAGE 2 ■ 0 The property is located within the Sphere of Influence and the "Secondary Study Area" of the Town of Paradise Urban Area. In accordance with County General Plan policy; the application was reviewed by the Town of Paradise. They noted that their General Plan designates the area "Open Space/Agriculture" and, therefore, should remain in its natural undeveloped state. They also recommended that the project be referred to CalTrans. This inconsistency alone does not present an environmental effect. The zoning is consistent with the Butte County General Plan and Land Use Element for the Paradise "Urban Reserve" Area. The Paradise Urban Reserve Policy Statement on page LUE-95 states in part that as long as the Department of Fish and Game has not designated an area as "No Development," 20 acre minimum parcel size is permitted under the Policy. Surrounding Uses and Compatibility The 209-acre subject parcel is at the bottom of Clear Creek Canyon with no other homes nearby. Even if 10 new homes were to be developed in the Canyon, the character of the Canyon and vicinity would see very little change. Although the property is within the boundary of the Skypark Airport plan area,the Airport Land Use Commission, on 16 May 2001, determined that the project met all the standards of the Commission. No conditions or stipulations were applied the project. General Plan Consistency The FR-20 (Foothill Recreational - 20 acre parcels) is consistent with the Agricultural Residential (1 to 40) General Plan designation. The Paradise Urban Reserve Policy Statement on page LUE-95 of the Land Use Element of the General Plan states in part that as long as the Department of Fish and Game has not designated an area as "No Development," 20 acre minimum parcel size is permitted under this Policy. The Department of Fish and Game has designated the area as "Development Permitted." Page LUE-51 establishes eleven "Zoning Factors" that function as development standards for projects in the Agricultural Residential zones. These Factors are: 1. Existing parcel sizes and residential densities. 2. Slope 3. Soil conditions and water availability. 4. Effects on adjacent uses, crop production, livestock grazing, forestry, resources extraction and wildlife habitat. 5. Proximity to public roads and other public facilities. 6. Distance from airports, railroads and industrial uses. 7. Existing utilities and drainage facilities. 8. Potential for surface cracking, landslides and erosion. 9. Effects on noise, traffic flow and safety, water quality, air quality, wildlife habitats and general environmental quality. 10. Local desires. 11. Potential for pest insect breeding. ■ BUTTE COUNTY BOARD OF SUPERVISORS ■ AGENDA REPORT ■ PAGE 3 ■ 0 • The proposed rezoning to FR-20 meets all Factors except for Slope and Soil Conditions. These two factors are covered under the attached Conditional Zoning Agreement. Comments Received Environmental Health: An overt visual survey of the area revealed that much of the area would not qualify as usable for sewage disposal; water availability is unknown. Since the actual development potential is not now known, the Conditional Zoning Agreement includes the following notice: "Any subdivision of this property shall conform to Butte County Environmental Health Department requirements for septic systems. This may reduce the number of building lots to less than that permitted by the zoning." California Department of Forestry: This individual rezone has no impact on the Fire Department, but the cumulative effect of rezoning to higher density development is increased demand for fire protection services and higher costs to the County. Public Works: No Comment. Town of Paradise: In summary, they recommend that the property remain in its natural, primarily undeveloped state, or to be used for agricultural purposes. Local Agency Formation Commission: They recommend that great deference should be given to maintaining the integrity of the Sphere of Influence for future growth. They also advise that parcelization can lead to parcel development that is not complimentary to the wishes of the Town of Paradise. ACTIONS FOR CONSIDERATION: The Planning_Commission recommends that the Board of Supervisors take the following actions. I. Approve a Mitigated Negative Declaration regarding environmental impacts, with the following findings: A. The Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and includes mitigation measures that would mitigate such effects below significant levels, and a Mitigated Negative Declaration is proposed. B. The Board of Supervisors has considered the proposed Mitigated Negative Declaration together with comments received during the review process. C. On the basis of the whole record before the Board of Supervisors, including the Initial Study and any comments received, and with the inclusion of Mitigation ■ BUTTE COUNTY BOARD OF SUPERVISORS m AGENDA REPORT ■ PAGE 4 ■ Measures#1 though#4, there is no substantial evidence that the Kimberly Jensen Rezone, (Planning Division File No. RZ 01-01) would have a significant effect on the environment. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, with Mitigation Measures#1 though#4 as shown in III-B below. II. 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 111.4(d) (3) and 14 CCR 753.5,is not required. The project site is not known to contain 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. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by. Section 404 of the Clean Water Act;interfere substantially with the movement of any native resident or migratory fish or wildlife species; conflict with any local policies or ordinances protection biological resources; or conflict with the provisions of an adopted Habitat Conservation Plan. III. Adopt an Ordinance rezoning the 209-acre parcel from FR-40 ( Foothill Recreational - 40 acre parcels) to FR-20 (Foothill Recreational - 20 acre parcels) for the property owned by Kimberly Jensen, a single woman, and Rick E. Scott,a single man, as Joint Tenants,on APN 041-080-049 subject to the Conditional Zoning Agreement attached to the Zoning Ordinance as Exhibit "A," with the following findings: A. The project is consistent with the Agricultural Residential (1 to 40) General Plan designation. B. The following mitigation measures reduce project impacts to less than significant. 1. If,during the course of construction of roads or buildings, any evidence of an archeological find is made, all construction affecting the find is to be discontinued until a final determination is made, and plan adopted(regarding the disposition of the find). 2. Any subdivision of this property shall conform to Butte County Environmental Health Department requirements for septic systems. This may reduce the number of building lots to less than that permitted by the zoning. 3. Dwellings shall be placed no closer than 30 feet to the main toe of the face of the east cliff. 4. Roofing material for all dwellings shall be of a non-combustible material. ■ BUTTE COUNTY PLANNING COMMISSION■ AGENDA REPORT ■PAGE 5 ■ _ � r „ J J r' ' ."w;:C rf ! r/./,+`f ff �/ '!r�i //r / ?rr f r •'r/ ,off f`f.f !/ri•f✓rr� f. �fr✓;�7J.�!f /fJ .' .r.J✓ Z•.�.J�, r,fJ���,�r ,f %r :J !� f /`' ✓. I✓�f //�/ �i rJ'r ! :i ` `r//�//�ffrf �'l/ 'r�Jfr/ .�'' /�� �, �,-%�f'i'/.fi{ ��.j•'�J i`rr✓'rft! /J�iliF��✓ C ,. l s If �� .'ref f ,// rr'� ' f f ,,1 r f%w�f ✓r` J .f,• r �•� .i/tf f�F�e{f J`rr.J'�:�� ! J f:.._._ '.'-`., f . Jf r f� /r`f ff� r` / f// r •' l rf � / ;rte ` F , - �, 211 H} : °S acProject Location ` J , ry �l i. I ` t - . 1 ?`:.: 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 11000 12000 13000 Feet BUTTE COUNTY BOARD of SUPERVISORS Applicant: Kimberly Jensen Owner: Same Hearing Date: August 28,2001 Existing Zone: FR-40(Foothill Recreational,40 acres) N Supervisorial Request: Rezone to FR-20(20 acre parcels)on a 209 acre parcel. District#4 Assessor Parcel No: 41-080-049 F 1e:REZ 01-01 -pi .. i i ' BUTT COUNTYvp a OF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: AGENDA77TLE: Kimberly Jensen, Rezone, RZ 01-01 DEPARTMENT: DDS, Planning DATE: 7/31/01 MEETING DATE REQUESTED: 8/14/01 CONTACT: Carl Durling PHONE: 7150 REGULAR CONSENT % DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: SUNBlARY: Kimberly Jensen, proposed Negative Declaration with.mitigation measures regarding environmental impacts and Rezone from FR-40 (Foothill Recreational - 40 acre parcels) to FR- 20 (Foothill Recreational - 20 acre parcels) on a 209 (+/-) acre parcel. The property is designated Agricultural Residential 1 to 40 by the General Plan. The property is located approximately 1,000 feet east of Clark road (State Route 191), on Out of the Way Road, approximately 1 mile south of the Town of Paradise and one-quarter mile east of the Paradise Skypark Airport. The property is situated at the bottom of Clear Creek Canyon. Clear Creek bisects the property. APN 041-080-049 (CD) (REZ.01-01) ACTION FOR CONSIDERATION: Continue REZ 01-01 for Kimberly Jensen to the August 28, 2001, Board meeting. 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 /_ 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 v 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 Infornsation Attached:Yes ✓ No Describe:— �— Rev.1198 SPI IAL INSTRUCTIONS TO CLLUVW( 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 $ (Budget Unit Number: ) (Source: ) (Fund Name: ) (Rev.Code: ) (Fund Number: ) Other Transfer(s) $ 1. Complete worksheet below 2. headline is one business day prior 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 t (No Cents)From To Transfer$ (No Cents)From To Transfer$ (No Cents)From To Transfer$ (No Cents)From To . MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Butte County Board of Supervisors From: Development Services, Planning Department Subject: REZ 01-01 continence to August 28, 2001 (Jensen) , Date: August 14, 2001 On June 14, 2001, the Planning Commission recommended a Rezone from FR-40 ( Foothill Recreational -40 acre parcels) to FR-20 (Foothill Recreational -20 acre parcels) on a 209 (+/-) acre parcel. The property is designated Agricultural Residential 1 to 40 by the General Plan. The property is located approximately 1,000 feet east of Clark road(State Route 191),on Out of the Way Road, approximately 1 mile south of the Town of Paradise and one-quarter mile east of the Paradise Skypark Airport. The property is situated at the bottom of Clear Creek Canyon. Clear Creek bisects the property. APN 041-080-049 The continuance is necessary in order to prepare conditional zoning agreements and related documents. Actions for Consideration: Staff recommends the Board of Supervisors take the following actions: I. Continue REZ 01-01 to the August 28, 2001 meeting. ,BUTTE COUNTYButte County Coun CLERK OF THE BOARD USE ONLY BOARD OF SUPERVIS41RS MEETING DATE: AGENDA TRANSMITTAL JUN 2 0 2001 �� AGENDA ITEM: AGENDATM-E: Kimberly Jensen — RezoQLr9Vq0AQ4UfKni& Report to the Board DEPARTMENT: DDS Planning DATE: 6/19/01 MEETING DATE REQUESTED: 7/1 n/n i CONTACT: Carl Durling PHONE: 7150 REGULAR :CONSENT - X.­ ' DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: } Planning Commission Action Report to the Board of Supervisors for Kimberly Jensen to Rezone from FR-40 ( Foothill Recreational - 40 acre parcels) to FR-20 (Foothill Recreational - 20 acre parcels) on a 209 (+/-) acre parcel. The property is designated Agricultural Residential by the General Plan. The project resides with in the Town of Paradise Sphere of Influence, the Paradise Urban Reserve, as designated by the Butte County General Plan, and the area of influence for the, ' Paradise Skypark Airport. The property is located approximately 1,000 feet east of C1ark.Road (State Route 191),on Out of the Way Road,approximately 1 mile south of the Town of Paradise and one-quarter mile east of the Paradise Skypark Airport. APN 041-080-049 (CD) (REZ 01-01) Pursuant to Butte County Code Sections 24-25.30 and 24-25.40(a) & (b), the Board shall set this Rezone for a public hearing within ninety days of receiving the Action Report from the Planning Commission and shall give notice of the hearing date at least ten days prior to the hearing. If no action is taken by the Board within the ninety days,the proposed Code Amendment shall be deemed denied. p ECoE VE JUN 2 6 2001 BUTTE COUNTY - PLANNING DIVISION AGENDA ITEM SUBMITTAL REQUIRES THE ORIGINAL AND NINE (9) COPIES .. ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes Nom_ CAO OFFICE USE ONLY If yes,complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes Nom 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 Nom_ 4/5's Vote Required: Yes: No: oe Auditor-Controller's Number(if required): T County Counsel's Approval: Yes No_K_ Date Received by Clerk of Board: Will Proposal Require Additional Personnel: Yes No X Number of Permanent: Temp Extra Help Previous Board Action Date: Additional Information Attached:Yes x No Describe: Rev.1198 f _ `SPE AL INSTRUCTIONS TO CLE : ' Number of originals required to be returned to Npartment: "Please Note" Department is responsiblefor returning contract to contractor. Clef*of the Board returns completed Auditor's copy ONLY. Requested Board-Action: Ordlnance.Requtrad Resolution Required • Minute Order Raqulred% For Inforinitloii'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 *'} (Budget Unit Number: ) (Source:- ) (Fund Name: ) (Rev.Code: ) (Fund Number. ) Other Transfer(s) J $ 1. Complete worksheet below 2. Deadline is'one business day orior to normal agenda deadline t 'Additional Requested $ Total Source of Funds $ f_ Annualized cost$ if also planned for next year. R Budget Transfer Authorized"B— dministrapve,O'— f t �I r__- i Board Action Required for B-Transfer? Yes No Authorized Signature i( j Date �� �. BUDGET TRANSFER'REQUEST WORKSHEET Transfer Request: AMOUNT LINE ITEM LINE ITEM Transfer i (No Cents)From To Transfer i (No Cents)From Transfer$ (No Cents)From' To' _ + Transfer i (No Cents)From To PLANNING COMMISSION ACTION REPORT APPLICANT: Kimberly Jensen OWNER: same FILE#: REZ 01-01 REQUEST: Rezone from FR-40 (Foothill Recreational - 40 acre parcels) to FR-20 (Foothill Recreational-20 acre parcels) on a 209 (+/-) acre parcel. The property is designated Agricultural Residential by the General Plan. The project resides with in the Town of Paradise Sphere of Influence,the Paradise Urban Reserve, as designated by the Butte County General Plan,and the area of influence for the Paradise Skypark Airport LOCATION: Approximately 1,000 feet east of Clark Road(State Route 191),on Out of the Way Road, approximately 1 mile south of the Town of Paradise and one- quarter mile east of the Paradise Skypark Airport. DATE APPLICATION RECEIVED: ' 1/8/01 ACREAGE: 209 +/- acres PLANNING COMMISSION ACTION AND SUPPORTING FINDINGS: I. Recommend adoption of a Mitigated Negative Declaration regarding environmental impacts to the Board of Supervisors, with the following findings: A. Find that "ath was completed in compliance with the California EnvironmeAct, that said study identified significant environmental effects anditigation sures that would mitigate such effects below significant hat a Mitigate egative Declaration is proposed. B. Find that thomrrussio has conside the proposed Mitigated Negative Declaration, it co ents received durin a review process. C. Find, that on the basis of the whole record before th Fthnerne:ig:sno:su;st::�ti including the Initial Stud and an comments received, th evence that th Development Services Rezorie,Tlanning Division rileNo. 0 - O , will have a signs if a ec on the environment: c�•L„� ,�(-z"a ms's-`�.p PLk rz ti , D. Find'that the proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, with Mitigation Measure #1, #2, #3 and# nd as detailed in the Agenda Report dated June 14, 2001 items III-B, C, D and E 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 required. The project site is not known to contain 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. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; interfere substantially with the movement of any native resident or migratory fish or wildlife species; conflict with any local policies or ordinances protection biological resources; or,conflict with the provisions of an adopted Habitat Conservation Plan. III. Recommend approval to the Board of Supervisors of Rezone REZ O1-01 for Kimberly Jensen,a single woman,and Rick E. Scott,a single man,as Joint Tenants on APN 041-080- 049 from FR-40 (Foothill Recreational -40 acre parcels) to FR-20 (Foothill Recreational - 20 acre parcels) on a 209 (+/-) acre parcel, and recommend that the Board of Supervisors adopt the Ordinance rezoning said property subject to the Conditional Zoning Agreement attached to the Zoning Ordinance as Exhibit"A", with the following findings: A. The project is consistent with the Agricultural Residential (1 to 40) General Plan designation. B. That a mitigation#measure requiring that if,during the course of construction of roads or buildings,any evidence of an archeological find is made,all construction affecting the find are to be discontinued until a final determination is made,and plan adopted, regarding the disposition of the find mitigates the identified impact. S C. That a mitigation measure requiring that any subdivision of this property shall CY �" " conform to Butte County Environmental Health Department requirements for septic systems. This may reduce the number of building lots t less than that permitted by the zoning, and mitigate the identified impact. D. That a mitigation measure requiring dwellings shall be placed no closer than 30 feet to the main toe of the face of the east cliff mitigates the identified impact. 7 E. That a mitigation measure requiring roofing material for all dwellings shall be of a �`�`' non-combustible material which mitigates the identified impact. Conditions of Approval: I. This Agreement is made pursuant to Butte County Code Section 24-25.40 (c), between the property owner and County of Butte, and includes the following provisions: A. If, during the course of construction of roads or buildings, any evidence of an archeological find is made, all construction affecting the find are to be discontinued until a final determination is made,and plan adopted,regarding the disposition of the o X find. . p B. Any subdivision of this property shall conform to Butte County Environmental o" Health Departure requirements for septic systems. This may reduce the number of building lots to ess han that permitted by the zoning. ( 4 C. Dwellings shall be placed no closer than 30 feet to the main toe of the face of the east Cliff. D. Roofing material for all dwellings shall be of a non-combustible material. VOTE: 4-0-1 AYES: Commissioners Marin, Lambert, Leland, and Vice Chairman Mooney NOES: No one ABSENT: Chairman Nelson ABSTAINED: No one DATE OF LAST HEARING WITH PLANNING COMMISSION: June 14, 2001 i K:\PLANNING\PROJECTS\REZUENSEN\ZONE.RPT ARY i. LIPPINCOff I. :n L. S. .1644 LIPPI N SCOTT SURVEYING 1007 BILLE ROAD s P.O. BOX C71 — PARADISE, CALIFORNIA 95969 TELEPHONE 916 877-4300 PERCOLATION TEST LOG NAME Radiology Service Co. JOB N0. 77203 DATE August 17 , 1978 LOCATION East side Clark Road, across from:airport, Clear Creek Canyon SOIL DESCRIPTION Holes were dug generally in rocky dark brown clay loam to approximately 18" into transition. light brown sar,07 cungtuaIU=tt::,5-, tder porous sandstone type_ material to bottom of hole. The following test doto was obtained in conformance with the approved Butte County Health Dept. Percolation Test Procedure of 1968. Holes were presoaked on August 16, 1978 beginning of 12:D0 ending at 4:00 HOLE N0, 1 2 3 4 5 6 7 8 OE PTH 24" 2411fl" 30'r`: 30" 30" 24" 28" DIA. 611 (�� O:I t /�� ?l.;11 611 611 el, Drop Time Dro 'Time Drop! (J p p p` fi Drop TimeX Dro Time '-Drop Time Crop Time Begin 12:313 12:31 T2:32 12A,": 12:36 12:37 12:38 12:40 I. 3" 1:00 1%" 1:01 5" 1:32: 4-41 1:tjS. b" 1:Ob 2 Z" 1:07 1" 1:08 b" 1:10 2. 11- 1:30 131 3% 1:32 .;: .4' 1:3 6" 1:36 2" 1:37 1" 1:38 6" 1:40 2 2:00 1� 2:01 3 2:02 2 3. o >:.. 2.08 . 6" 2:10 . r_.. 4. 2" 2:30 1%" 2:31 3" 2:32 2' 2:33 5`," 2:36 2" r3: :37 1" 2:39'-53/4' 2:-40 5 2" 3:00 1" 3:01 2 Z"- 3:02 ' 2',' 3:03 5% 3:06 2" 07' 3-/4" 3':178 5" 3:10, g. 13/:4" 3 '3 0T" 3:3T 7 z" 3:32 21 ' 3:33 S 3:36 2" 3:37 '3/4" 3:38 5" 3:41-1 -iota I� 23 miri. t 30 min. 1" 12 min. I'" 13 rain. n. 1" 15 min. I' 45 min. b min See Tentative Parcel. Map for holelocations. �0 LAND U� S �y \,IPP No 4 Signed F OF CAS Page_� of pages q,_ THIEL E. UPPINCOTT GARY T. LIPPINCOTT L.S. 2780 L. S. 3634 LIPPINC0TT SURVEYING 1007 BILLE ROAD • P.O. BOX 671 — PARADISE, CALIFORNIA 95969 TELEPHONE 916 877-4300 PERCOLATION TEST LOG.. NAME Radiology Service_ Co. JOB. NO.77203 DATE August 19, .1978' LOCATION— Clark Road. Clear Creek Canyon SOIL DESCRIPTION Lot 5, holes 9 & 10, extremely sandy; 11 & 12 in slightly sandy .and light & dark black soil: Lot 6 holes in black surface clay down to sandy cong omera es . . balow anprnx- 14, feet_ The following test data was obtained in conformance * with the approved Butte County Health Dept. Percolation Test 'Procedure of 1968: Holes were presoaked on Monday Aug. 18, 19''8 beginning at 1:00 pm ending of 5:00pm HOLE NO. _9 1.0 11 12 13 ' 14 15 16: . DEPTH 30" 30" 30" 30" 30" 30" 30" 30" DIA. O" 611 611 611 if 611 _ 6 11 � .6" Drop Time Drop Time . Drop . Time Drop Time Drop Time Drop Time Drop lme O Begin 10:00 10:01 10:02 10:03 10:08 10:09 10:10 10. I. '30 " •31 1032 3" 1Oc33 9 1%" 10:38 4" 10:34-4 10:40 2 lb: 2. A 11 .-00 W, 11 .01 02 % •03 1" 08 4" :09 33 " 0 ". 3. •30 11:31 3 11:32 2" 11:33 3/4" 11:38 3%" 11:39 33/4" 11:40 2". 1: 4. 611 17--00"' A" —LL-01 02 2" •03 3 12.08 3%L 1 :09 3%" 12: 0 5. 30 •31 211 •32 12.33 12.38 34" 12.39 3%" 12:40 3' 1 6. 1:00" 6" 1:01 2" 1:02 14" 1.:03 3/4" 1:08 3%" 1:09 3%" 1:10 Rate I` 5 in. 1"" 1 min. I.'. 15 min. 1" 22 min. 1" 45 min. 1' 9 min. min 25 SAND 3 XI PPIN�,O�G� Oh No. Signe . .�� y� ; F OF C Page�� of ,.3 Doges • �. THIEL E. LIPPINCOTT • GARY T. LIPPINCOTT L. S. 2780 L'S. 3631 L1. PPINCO. TT SURVEYING 1007 BILLE ROAD• P.O. BOX 671 — PARADISE, CALIFORNIA 95969 TELEPHONE 916 877-4300 PERCOLATION TEST LOG . NAME Radiology Service Co. JOB. Np77203 DATE August 22, 1978' LOCATION East Side Clark Road Clear Creek Canyon SOIL DESCRIPTION The following test data was obtained in conformance with the approved Butte County. Health Dept. Percolation Test Procedure of 1968. Holes were presoaked on August 21, 1978 beginning at 1:00pm ending at 5:00.pm .' HOLE NO 17 18 19 20 21 22. 23! 24' DE PTH 30" 30" 30" 30" 30" 30" 30" .30": ; DIA. 6 1' 611 11 1 O V 11 [ 611" . O L 11 L 11 6 11..G.. a"7 --� Drop Time Drop Time Drop Time Drop Time Drop Time . Drop Time Drop Time Begin 2:00 2.:01 2:02 2:03 2:08 2:09 2:10 2': I. 1-111, 2:30 32" 2:31 4 " 2;32 52" 2:33 3" 2:38 12" 2:39 4" 2:40'5 2 2. 1" 3:00 3�" 3:01 4" 3-02 'S%" 3:03 2;" 3:08 1'," 3:09 4" 3:10 3217 3:-. 3, 1" 3:30 3;' 3:31. 4" 3:32 5" 3:.33 2" 3:38 1" . 3-:39 4" 3:40 3" 3 ; 4. t4:00 3" 4:01 32" 4:02 5" 4:03. 13/4' 4:08 1" 4:09 32" 4:10 5. 1" 4:30 3 4:31 3-1,211 4:42 43/4' 4:33 13A.' 4:38 1" 4:39 32" 4:40 23/4 4.", 6. 1" 5:00 � 23/4' 5:01 32" 5:02 42" 5:03 13/4' 5:08 1" 5"09 3 2" -5:10 '23/ 5 Rate I� 30 min. 1" 12 min. I". 9=min. I" 7 min. I- 19 min. 1- 30 min. ' I• 8 m1jr 11 \_NNo s�\ No. 3634 . Signed Page�� _ of Doges IHIEI. f.. [APi'IM'011 RY T. LIPPINCOTT 1. S. 3634 L .IPPINC0TT SURVEYING 1007 BILLE ROAD s P.O. BOX 671 — PARADISE, CALIFORNIA 95969 TELEPHONE 916 877-4300 PERCOLATION TEST LOG. °AME Radiology Service Co. JOB NO. 77203 DATE August 25, 1978 OCAT ION East side. of Claris°-Rbad,. across- from airport, Clear Creek Canyon- Holes were dug generally in rocky dark brown clay loam to approximately 01 L DESCR I PTI ON t p 'll i of n .t ranSi t i-nn l fight hrown sandy conglomerates to 24" to harder porous sandstone type material to bo'.:tonl of hole. he following test data was obtained in conformance with the approved Butte County Health •ept. Percolation . Test Procedure of 1968. 'oles were presoaked on August 23', 1978 beginning at ending at - OLE NO. A- B C D _ E F G H EPTH 30 3U" 30" 30" 30" 30" 30" 30".. IA. -6" 611 611 '611 _ 611 611 6" 61" Drop .Time. Drop Time Drop Time Drop Time Drop Time Drop Time Drop Time egin 19- 15. 10':16 10:17 10:18 10:23 0:24 19:25 3/4" "10:45 4 0" 10:46• 2-T 10:47 13/4" 10:48 5" 10:53 3k"10'-.54 2' 10:55 3-, 1a: 3'/-UL •15 •16 " 1 :17 13 4" 11:18 5" 11:23 33'" 1:24 2' 11:25 3. .11-*:; 3/ " 5. 33 4" 11 :46 2" 11:47 1�" 11:43 5" 11:53 3 1:54 2' '11:55'' ' 22" 11:` 3 " -4115 .33 " 1-2:'16 2" 12:17 11 12:18 4-" 12:23 2-1,"12:24 ;' 12:25 2z" ;12:wi 1 �� 12.:48 "43" 12:53. 2�z�� .2:54 2;�� 12:. �/ 12 45 33 4" 12:46 2" 12:47 1� 2 3/4" 1:15 33 4' 1:16 2" 1:17 12" 1:18 4" 1:23 2 T:25 2" 1:2E its i� 40 min. I" y min. I" 15 min. 1" 20 min. 1" 7 min. 1" 3 min. 1* . 120 min. 15 n LAND See Tentative Parcel Map for hole. locations LIPP/NSG'�GF C0� N0. 34 Signed_ Page 1 .. of 2 noges THIEL 1'. LIPPINCOTT •GARY T. LIPPINCOTT j. I.. S. 2?en L. S. 3634 L 1 P P I N IC .0 T, T SURVEYING W:r 1007 BILLE ROAD P.O. BOX,671 — PARADISE, CALIFORNIA 95969 TELEPHONE 916 877-4300 PERCOLATION TEST LOG. NA E- RadiliTogy Service .Co. ;ipg No. 77203 DATE August 25, 1978 LOCATION: SOIL'- DESCRIPTION The.-.,:'following, test data was obtained in conformance with the approved Butte County Health Dept:: . Percolation Test Procedure of 1968. Holes >N13re .precooked on August 23, 1978 beginning at ending at HOLE NO::..I_ _,L_ K— �L_ _ DEPTH 301 30" 30" 30" DIA. ;.. 6lr 6" 6" 6" Drop 'Time Drop Time Drop Time Drop Time Drop Time Drop Time Drop Time Begin: . 2.:30 2:31 2:32 2:33 1. 33 " ; .0. 34" 3:01 1%" 3:02 ILL 3:03 2 , :10 , 1 2 " 3:33 3.' � :. 0 . 3" 4:01 1V" 4:02 2" 4:03 4. 23 1 . 2 13 " :33 2:3 •01 1%" 5:02 13/411 5:03 6. . ' 3" 5 i 30 23/4"15:31 Z30 2 13/4"15.33 Rote:. : 1� 10 min. I" 12 min. min. I� 18 min,' " rPl�s�'9G\. • '�``C� Cil'Flo . N'o. 3634 Signed CF CPL�F�� Page 2 of 2 Wag e s ti ttNIL LIPPINCOTT GAR1 LIPPINCOTT L.S. 2780 L.S. 3634 LIPPINCOTT SURVEY .IN .t 1007 BILLE ROAD • P.O. BOX 671 — PARADISE, CALIFORNIA,95969 TELEPHONE 916 877434) PERCOLATION TEST LOG . NAME RAQi0 6r,v SERVICE j08. N6. 77203 DATE July- 20,1979 LOCATION -Fast side of Clear Creek , across 'from Paradise Airport SOIL.15-CS.C.RI0.T10N 90 LC �/ - EMe4 L144T 13U,-0,./ c-r•bl Lo/tw� To /sr" 7?w,%/ .5A.407 CgWCt4mc-a ;lis by Z•'- �vt_t,- QOCK1 LIG rt-ran y-A/C-LA-v Lo A,-, rte /2 " -r4,,.i Li6r4-T 7-A-^1 Tntc 4,1&- /",+MYLP*&eS7bNCj To 14" rrOL-tel 5A-r4O'7 ti'•n ,1 6/'1•r•B.R cwd 'Ro c.K; G c-er7 "A7,4 79^N S!n*✓ TD G/Z�-y s�t 5,.�.r o y e��s r��2R .= t L�✓s S„r, .�f �• •.4 : .. �. "7he:.:followi;n� test data was obtained in conformance with the approved Butte Couaty Health PerolatlOn Test Procedure of 1968. Y' H61-04. were :%alloaked on July 18, 1979 beginning at Noon ending at 4.:00PM I�,bt NtS: 2 3 4 5 DEi?TH` 30 30 30 30 30 Drvp. T.1the Drop ime Drop . Tlme Drop Time Drop ime Drop Time Drop rime Qe4i'A 9:00 ;,qh • . 9:32 1” 9:34 Dry 9:35 3" 9:36 ' ::•3. • .9 :30 ti. : 30 3 4." 30 5 3/4" 30 2 �. 30 3� 2"• .30 0 30 2" 30 52" 30 2" 30 0" 30. 2.. . 30 4.. 30 1 3/4 30 30 0" 30. 2.. 30 4" 30 1%" 30 s. 12;00 . 0" 12:02 %" 12:04 4" 12:05 1" 12 :06 Rgto I 6.3 min I" --- l` 1lOmin I" 8 min I-13in I� l• •.. ' AND Sp d L ® No. 3634 ®� dg Sign l •,J r; 9.4 Page�_ ofaoges BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT -June 14, 2001 Applicant: Kimberly Jensen APN: 041-080-049 File#: REZ 61-o1 Location: Approximately-1,000 feet east Request: Rezone from FR-40 ( Foothill of Clark Road (State Route Recreational-40 acre parcels) 191),on Out of the Way Road, to FR-20 - (Foothill approximately 1 mile south of Recreational-20 acre parcels) the Town of Paradise and one- on a 209 (+/-)acre parcel. The quarter mile east of the property is designated Paradise Skypark Airport. Agricultural Residential by the General Plan. The project Parcel Size: 209 (+/-) resides within the Town of Paradise Sphere of Influence, Zone date: 18 September 1990 the Paradise Urban Reserve,as designated by the Butte Supervisor District: 4 County General Plan, and the area of influence for the Attachments: Paradise Skypark Airport. A. Site Area Maps G.P.: Agricultural Residential (1 to 40) B. Conditional Zoning Agreement C. Initial Study Zoning: FR-40(Foothill Recreational- 40 acre parcels) STAFF COMMENT: Staff recommends that the Planning Commission recommend approval of this project to the Board of Supervisors with findings. PROJECT DESCRIPTION/SITE CHARACTERISTICS: The property is located approximately 1,000 feet east of Clark Road (State Route 191), on Out of the Way Road, approximately 1 mile south of the Town of Paradise and one-quarter mile east of the Paradise Skypark Airport. The property is situated at the bottom of Clear Creek Canyon. Clear Creek bisects the property. The property ranges in elevation from about 750 feet at the center of the property to about 1,100 feet elevation near the east ridge line of the canyon. Out of the Way Road ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE 1 ■ Ile bisects the property, and is an unimproved graded road. The predominate flora is moderate undergrowth within scattered oak trees. A single home site is being prepared. ANALYSIS: Project Background Out of the Way Road is a private road existing by easement from Clark Road, near the entrance to the Skyway (Paradise) Airport, down into Clear Creek Canyon then south into and through the subject property. The road through the subject property is rough graded, and is more of a jeep trail than a road. However, the road does extend further south then comes up the canyon side back to Clark Road. There are two access routes into the canyon and property. The proposed rezone was reviewed by Environmental Health(see comments below). Their concern is that although 20 lots may be permitted by the proposed zoning, it may be that septic field requirements will restrict the number of buildings, and thus lots, to fewer than the 20 lots allowed under the zoning. A zoning agreement has been prepared with a condition acknowledging this possibility and requiring compliance. The Department of Fish and Game has designated this parcel as "In Deer Herd Area", but development is permitted. According to Butte County constraints mapping, the project may be located in an area considered having 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. Although the project area has suffered the effects of significant mining in the late 1800s, there may still be archeological remains within the project boundaries. A zoning agreement has been prepared with a condition to cover the possibility of sites in the area. The east side of the property rises from the creek to the.toe of a bluff with a face height of 50 feet to 200 feet. In some areas it may be possible to construct a home close enough to the bluff to be in danger from falling material sloughing of the cliff. For this reason, the zoning agreement has.a condition requiring that dwellings shall be placed no closer than 30 feet to the main toe of the face of the east cliff. Although the Fire Department(CDF)indicated there is no impact by the proposed zoning,there may be an incremental increase in service costs. Because of the difficulty of access to the canyon and project property, and because of the vegetation and trees, a condition has been added to the zoning agreement requiring that roofing material for all dwellings shall be of a non-combustible material. Additional conditions may be added in the Tentative Map phase as appropriate. The property is located within the Sphere of Influence and the"Secondary Study Area"of the Town of Paradise Urban Area. In accordance with County General Plan policy, the application was ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE 2 ■ reviewed by the Town of Paradise. They note that their General Plan designates the area "Open Space/Agriculture"and, therefore, should remain in its natural undeveloped state. They also recommend that the project be referred to CalTrans. This inconsistency alone does not present an environmental effect.,The zoning is consistent with the Butte County General Plan and Land Use Element for the Paradise "Urban Reserve"Area. The Paradise Urban Reserve Policy Statement on page LUE-95 states in part that as long as the Department of Fish and Game has not designated an area as "No Development," 20 acre minimum parcel size is permitted under the Policy. The property owners have begun grading a site for a home near the north property line. General Plan Consistency The FR-20 (Foothill Recreational - 20 acre parcels) is found to be consistent with the Agricultural Residential (1 to 40) General Plan designation. The Paradise Urban Reserve Policy Statement on page LUE-95 of the Land Use Element of the General Plan states in part that as long as the Department of Fish and Game has not designated an area as "No Development,"20 acre minimum parcel size is permitted under the Policy. The Department of Fish and Game has designated the area as "Development Permitted." Page LUE-51 establishes eleven"Zoning Factors"that function as development policy standards for projects in the Agricultural Residential zones. The Factors are: 1. Existing parcel sizes and residential densities. 2. Slope 3. Soil conditions and water availability. 4. Effects on adjacent uses, crop production, livestock grazing, forestry, resources extraction and wildlife habitat. 5. Proximity to public roads and other public facilities. 6. Distance from airports, railroads and industrial uses. 7. Existing utilities and drainage facilities. 8. Potential for surface cracking, landslides and erosion. 9. Effects on noise, traffic flow and safety, water quality, air quality, wildlife habitats and general environmental quality. 10. Local desires. 11. Potential for pest insect breeding. .The proposed zoning to FR-20 meets all of these Factors except for Slope and Soil Conditions. These two factors are covered under the attached Conditional Zoning Agreement. Surrounding Uses and Compatibility The 209 acre subject parcel is at the bottom of Clear Creek Canyon with no other homes nearby. Even if a full complement of 10 new homes were,to be developed in the Canyon, the character of the Canyon and vicinity would see very little change. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE 3 ■ �� Although the property is within the boundary of the Skypark Airport plan area,the Airport Land Use Commission, on 16 May 2001, determined that the project met all the standards of the Commission. No conditions or'stipulations were placed on the project. Comments Received Environmental Health: An overt visual survey of the area has revealed that much of the area would not qualify as usable for sewage disposal and water availability is unknown. Since the actual development potential is not now known,the Conditional Zoning Agreement includes the following notice: "Any subdivision of this property shall conform to Butte County Environmental Health Department requirements for septic systems. This may reduce the number of building lots to less than that permitted by the zoning." California Department of Forestry: This individual rezone has no impact on the Fire Department, but the accumulative effect of rezoning to higher density developments is increased demand for fire protection services and higher costs to the County. Public Works: No Comment. Town of Paradise: In summary, they recommend that the property remain in its natural, primarily undeveloped state, or to be used for agricultural purposes. See above discussion. Local Agency Formation Commission: Great deference should be given to maintaining the integrity of the Sphere of Influence for future growth. Parcelization can lead to parcel development that is not complimentary for the wishes of the Town of Paradise. ACTIONS FOR CONSIDERATION: Should the Planning Commission find that the proposed mitigation measures specified are sufficient to mitigate the identified impacts, staff recommends that the Planning Commission take the following actions. I. Recommend adoption of a Mitigated Negative Declaration regarding environmental impacts to the Board*of Supervisors, with the following findings: A. Find' that an Initial Study was completed in compliance with the California _Environmental Quality.Act, and that said study identified significant environmental effects and includes mitigation measures that would mitigate such effects below significant levels, and that a Mitigated Negative Declaration is proposed. B. Find that the Planning Commission°has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT■ PAGE 4 ■ D. Find, that 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 Development Services Rezone,Planning Division File No.RZ 01- 02, will have a significant effect on the environment. E. Find that the proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. F. Adopt the Mitigated Negative Declaration regarding environmental impacts, with Mitigation Measure #1, #2, #3 and#4 and as detailed in the Agenda Report dated June 14, 2001 items III-B, C, D and E. 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 required. The project site is not known to contain 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. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; interfere substantially with the movement of any native resident or migratory fish or wildlife species; conflict with any local policies or ordinances protection biological resources; or,conflict with the provisions of an adopted Habitat Conservation Plan. III. Recommend approval to the Board of Supervisors of Rezone REZ 01-01 for Kimberly Jensen,a single woman, and Rick E. Scott,.a single man,as Joint Tenants on APN 041-080- 049 from FR-40(Foothill Recreational -40 acre parcels) to FR-20 (Foothill Recreational - 20 acre parcels) on a 209 (+/-) acre parcel, and recommend that.the Board of Supervisors adopt the Ordinance rezoning said property subject to the Conditional Zoning Agreement attached to the Zoning Ordinance as Exhibit"A", with the following findings: A. The project is consistent with the Agricultural Residential (1 to 40) General Plan designation. B. That a mitigation measure requiring that if,during the course of construction of roads or buildings,any evidence of an archeological find is made,all construction affecting the find are to be discontinued until a final determination is made,and plan adopted, regarding the.disposition of the find mitigates the identified impact. C. That a mitigation measure requiring that any subdivision of this property shall conform to Butte County Environmental Health Department requirements for septic. systems. This may reduce the number of building lots to less than that permitted.by the zoning, and mitigate the identified impact. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE 5 ■ D. That a mitigation measure requiring dwellings shall be placed no closer than 30 feet to the main toe of the face of the east cliff mitigates the identified impact. E. That a mitigation measure requiring roofing material for all dwellings,shall be of a non-combustible material which mitigates the identified impact. i I ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE 6 ■ . • 1 1' 1 • 1 1 1 �}'�yrs` ,��:�•• ��'. �� h�y r'rti✓'�i t�, sMs. .-�4--.... ,•�:d; "%, Vii'^�. G' !til I�� � I� ■� a 17,Mom own 1 i• 111 1 111' .111 •111 •111 111 :111 111 :•111 :111 111.1 111 111 111 13LTTM COUNTY PLANNING / I • 1 1 1 11/� :I I 1 I] '� I 11. Hearing 1ate: June 14,20 00 1 i 9:30 am i 71 I 1 I ( 01M,N 1111 u- •1 AssessorRequest: Rezone to FR-20(20 acre parcels)on a 209 acre parcel. 1 41-080-049 1 1 • °_` BOARD OF SUPERVISORS CURT JOSIASSEN, Chair e Fourth District ADMINISTRATION CENTER. R. J. BEELER 25 COUNTY CENTER DRIVE-OROVILLE, CALIFORNIA 95965 First District . ......... . TELEPHONE: (916) 538-7224 JANE DOLAN Second District MARY ANNE HOUX Third District KIM YAMAGUCHI Fifth District July 10, 2001 Kimberly Jensen 1025 Clotilde Way Chico, CA 95926 RE: Public Hearing - Rezone File No. - REZ 01-01; APN 041-0807049 Dear Ms. Jensen: This letter is to inform you that the public hearing before the Board of Supervisors for the above- referenced matter has been set .for Tuesday, August 14, 2001, at 11:40 a.m. The hearing will be conducted in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. If you plan to submit information to the Board, you will need to provide 8 copies of each item you are submitting. Also, please be aware that any information submitted during the course of the hearing, including photographs,maps,video tapes,audio tapes,or written material,will become part of the public record for that matter and will be retained by the Board. If you have any questions,please do not hesitate, to contact me at 530-538-7643. Thank you. l Sincerely, N46ion Reeves Assistant Clerk of the Board /mr /cc: Development Services Count 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 June 27, 2001 REVISED LETTER Kimberly Jensen 1025 Clotilde Way Chico, CA 95926 Re: Rezone,File REZ 01-01,AN 041-080-049 Dear Ms. Jensen: This letter has been revised to show the current planner assigned to this project. I apologize for any confusion. At the regular meeting of the Butte County Planning Commission held June 14, 2001, your request for a rezone from FR-40(Foothill Recreational-40 acre parcels)to FR-20(Foothill Recreational-20 acre parcels) on a 209 (+/-) acre parcel. The property is designated Agricultural Residential by the General Plan. The project resides with in the Town of Paradise Sphere of Influence,the Paradise Urban Reserve, as designated by the Butte County General Plan, and the area of influence for the Paradise Skypark Airport for property located-approximately 1,000 feet east of Clark Road (State Route 191), on Out of the Way Road, approximately 1 mile south of the Town of Paradise and one-quarter mile east of the Paradise Skypark Airport. 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 Carl Durling 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: Clerk of the Board Ron Graves & Associates BfonnsVezone.frm �A.RY I. LIPPINCOI.I l.. S. 3614 • i. L I P P I N +C 0 T T S U R V E Y I N G 1007 BILLE ROAD a P.O. BOX U1 — PARADISE, CALIFORNIA 95969 TELEPHONE 916 877-4300 PERCOLATION TEST LOG NAME Radiology Service Co. JOB ND. 77203 DATE August 17 , 1978 LOCATION East side. Clark Road, across from:airport, Clear Creek Canyon SOIL DESCRIPTION Holes were dug generally in rocky dark brown clay loam to approximately 18" into transition light brown sandy ider porous sandstone typematerial to bottom of hole. The following test data was obtained in conformance with the approved Butte County Health Dept. Percolation Test Procedure of 1968. Holes were presoaked on August 16, 1978 beginning at 12:.)0 ending at 4:00 HOLE N0. I 2 3 'i �`'. 5 6 7 8 DEP1`H 24" Z4" 3l" 30"^ . 3 30" 24" 2811 DIA. 6 6 :b}�. 6 �- ', 6 i 6ii ell Drop Time Drop `Time Drop!. 'T`i _! Dr6p: Time;. Dro Time Drop Time Drop ime ' 12:33; 12:36 12:37 12:38 12:40 Begin 12:30 12:31 .1` 32 -; t ,. I. 3" 1:CIO 1%" 1:01 102; 44 14:'5s 6" 1:06 2-2 I:07 I" 1:08 b" 1:10 2. 2% 1.30 1 1.31 3 1 32 1 " 1 " �..• `.4' 6" 1:36 2" 1:37 1" 1:38 S" 1:40 3. 2" 2:00 l o" 2:OI 3" 2:02 22-10, 3 52' 2:56 2" 2:07 1'"�2:J8 6" 2:10 4. 2" 2:30"­ l L 2:31 3" 2:32 2 2:33" 5-4" 2:36 21112:37 1" 2:39`53/4' 2:4b g 2" 3:00 1" 3:01 2-2"' 3:02 ' 2 0' 3:03 5 0" 3:€76 2" 3:07' '3/4" Y"G8 5" 3:10: 6. t.4 3:30� l-" 3':31 2 z 3 r12 32 2 0' 3:33 5%" 3 36 2" 3:37 ' 3/4" 3 c 3i3 5" 3.:4U date I� .23'mili. 1"' . 30� min. I rein. I�" 13 min. 1" 6 min. 1" 15 min. I' 45 in. 6 min See Tentative Parcel. Map for holelocations. O SAND U S WIPP/N�o'PG��o No." 4 Signed �y E OF C Page I of _a noges THIEL E. LIPPINCOTT' GARY T. LIPPINCOTT L.S. 2780 L. S. 3634 LIPP1 NCOTT SIJIt. VEYING 1007 BILLE ROAD • P.O. BOX 671 — PARADISE, CALIFORNIA 95969 TELEPHONE 916 877-4300 PERCOLATION TEST LOG.. NAME Radiology Service Co. JOB..N0.77203 DATE August 19, .1978' LOCATION- Clark' Road, Clear Creek Canyon SOIL DESCRIPTION Lot 5 holes 9 & 10 extremely sandy; 11 & 12 in slightly sandy .and .light & dark black soil: Lot 6 holes in black surface clay down to sandy cong omera es ba l ow np!]rox- I,,'-fPPt_ The following test data was obtained in conformance with the approved Butte County Health Dept. Percolation Test Procedure of 1968: Holes were presoaked on Monday Aug. 18, 197'8 beginning at 1:00 Pm ending at 5:00pm HOLE NO. :9 10 11 12 13 14 15 1& DEPTH 30" 30" 30" 30" 30" 30" 30" DIA. 611 611 611 611 V11 611 6 11 ;..6 1 Drop Time Drop Time . Drop Time Drop Time Drop Time Drop Time Drop lme 17 Begin . 10:00 '10:01 10:02 10:03 10:08 10:09 10:10 10: I. •30 •31 1032 3" 10:33 1%" 10:38 4" 10:39 4%" 10:40 . 0: 2. •00 01 •02 1%" •03 08 4" :09 33 " 0 2" 3. •30" 11:31 3" 11:32 2" 11:33 3/4' 11:38 3'1 11:39' 3L4 'jl.-40 2 1: 4. •'00" 01 % 02 2" •03 jZL 12:08 3�j --L7,-.09 3L 12: 0 5. " 30 •31 2 32 1%" s33 V4' 12:38 3%"' 12:39 34" 12:40 . � 1 6. " 1:00" 6" T:O1 2" 1:02 1�" 1.:03 3 4' 1:08 3%" 1:09 33 " 1:10 Rate I` 5 min. min. 1", 15 min. I� 22 min. I 45 min. 1" 9 min. min " 25'. IV WIPP/NCO No. ; :< Signe 9TF OF C Page L of ,.3 doges THIEL E. LIPPINCOTT • GARY T. LIPPINCOTT ' L. S. 2760 L'S. 3631 L1. PP1NC0TT SUR. VEY .ING 1007 BILLE ROAD • P.O. BOX 671 - PARADISE, CALIFORNIA 95969 TELEPHONE 916 877-4300 PERCOLATION TEST .LOG . NAM E Radiology Service Co. JOB: NO.77203- DATE August 22, 1978' LOCATION East Side Clark Road Clear Creek Canyon SOIL DESCRIPTION The following test data was obtained in conformance with the approved Butte County Health Dept. Percolation Test Procedure of 1968. Au gust 21, 1978 1:00"Pm 5:00. m Holes were presoaked on 9 beginning at ending at P ?' HOLE NO. 17 18 19 20 21 22. 23 DEPTH 30" 30" 30" 30" 30 30" 30" 30"::=; DIA. 6'. 6" 6" 6" 61.1 6" 6" 61�;". Drop Time Drop Time Drop Time Drop Time Drop Time . Drop Time Drop Time Begin 2,:00 2::01 2:02 2:03 2:08 2:09 -2:10 2`.{ I. 11 2:30 3-2 2:31 4 2:32 5-2 . 2:33 3" 2:38 12" 2:39, 4 2:40 5" 2:;? 2. I" .00 3�" 3:01 4" 3:02 'S%" 3:03 2 3:08 1%" 3:09 4" 3:10 3 2" 3, 1 3:30 3 0' 3:31 4" 3:32' 5" 303 2" 3:38 1".' 3':39 4" ' 3:40 3!' 3-6- 4. 4:00 3" 4:01 3 2" 4:02 5" 4:03. 13/4' 4:03 1" 4:09 3 2" 4:10. 3" 5. 1" 4:30 " 3' 4:31 32" 4:42 43/4 4:33 13/4'; 4:38 1" 4:39 32" 4:40 2 3/4.4!' 6. 1" 5:00 23/4' 5:01 3,12 5:02 4 2" 5:03 13/4' 5:08 1" 5"09 3 2" 5:10 ,23/ 5 , Rate I` 3O min. 1' 12 min. 1" 9=min. I" 7 min. 1 19 min.. 1- 30 min. ' 1- 8 �O. \_AND No. 3634 Signed qlF OF Page :, of A doges • IHIt:i. i.. I.li"IN!.U71 Y 1i.I4 TT 1. 361 • . S. 3634 V L .1 P P ' 1 N CO T T S URVEYING ' 1007 BILLE ROAD s P.O. BOX 671 — PARADISE, CALIFORNIA 95969 TELEPHONE 916 877-4300 PERCOLATION TEST LOG TAME Radiology Service Co. JOB N0. 77203 DATE August 25, 1978 OCATION East-.side• of C'lari<:-Rbad,_ across- from`-airport, Clear Creek Canyon` OIL DESCRIPTION Holes were dug generally in rocky dark brown clay loam to approximately tR 11 i of n f rami f i nn 1 i 9ht brown Gandy conglomerates to 24" to harder porous sandstone type material to bo'.,torn of hole. he following test data was obtained in conformance with the approved Butte County Health 'Opt. ' Percolation'. : Test Procedure of 1908. 1aIes- wise presoaked on August 23, 1978 beginning at ending at 'OLE NO. PC 8 C D _ E F G H E PT N 30" 30" 30" 3'0" 30" 3011 30" 30" IA. _6 11 611 611 '611 6„ 611 L T1, 6 Drop ..Time Drop Time Drop Time Drop .Time Drop VTime Drop Time Drop Time eg i n '112.:15. 10"46 10:17 10:18 10:23 10:-24 10•:25 3/4" 7:0:445 4-h" 10:4622" 10:47 13/4" 10:48 5" 10:53 3-V'10:54 2' 10:55- - 3 0!' 10:` 3'% .L�• 1 .15 16 2" 1 :17 13 4" 11:18 5" 11:23 311 1:24 2' 11:2`5 3 0" 'll:i 33i 4- 11:46. 2" 11:47 ' 111:48 5" 11:53 3%" 1:54 12' '11:55 • 22" 11., 3` ' "' 15:33 " 12 c 16 2" 12:17 13 " 12:18 4 2„ 12:23 22" 2:24 0' 12:25 2 z!' ':l2':si 3/' 2:45 33 4" 12:46 2" 12:47 1%" 12:43 42" 12:53 22" 2:54 -: 12'c 55• 22"• 12 1 3%4" 1:15 33 41, 1:16 2" 1:17 12" 1:18 4" 1:23 24"1:24 o' 1:25 2" 1:2E ate .I4 40 min. I" 9 min. I15 min. 1" 20 min. I" 7 -T in. I" 3 min. I' . 120 rein. 15 n 1.AN D See T'ent'ative Parcel Map for hole locations UPPFNS�,PGF N0. 34 • ... Signed - l _ Page l .. of 2 cages ' • THIEL F.. LIPPINCOTT • GARY T. LIPPINCOTT L. S. 3634 L1 PPI NIC .0T. T SURVEYING 1007 BILLE ROAD • P.O. BOX 671 - PARADISE, CALIFORNIA 95969 TELEPHONE 916 877-4300 PERCOLATION TEST LOG. NA..ME=".• ' Radiology Service -co. jOB. No. 77203 DATE August 25, 1978 LOCATION : SOIL.'' DESCRIPTION Thez�:`f,ollowing* test data was obtained in conformance with the approved Butte County Health DeptPercolation Test Procedure of 1968.' Holes _Wq(e .presoaked on August 23, 1978 beginning of ending at DE PTH 3•(1" 30" 30" 30" DIA. : 6" 6" 6" 6" Drop . .. 'Time Drop Time Drop Time Drop Time Drop Time Drop Time Drop rime B0.9in: .. 2-:30 2:31 2:32 2:33 1. 33 " 20 3L" 3:01 1%" 3:02 2%" 3:03 2. y°�� 0 , 1 �" 3. 2 •33 3.•.., .:. -,...:, :�� 0.' 3" 4:01 1 4.022 2" 4:03 4. " 23 'r' 1 2 13 " :33 5. 0`.... 2- 5.01 1�" 5:02 13/4 5:03 6. `,3 5`1'30.. '23' 4" 5:31 . 1" 5:32 13 4" 5:33 Rate'--" 0 10•ruin. 1" 12 min. I"" �3Omin. (' 18 min., K1 o; 3634 �,. • Signed r` OF Poge 2 of?__�oges ti IYAft LIPPINCOTT GAR\ t. LIPPINCOTT L.S.2780 L. S. 3634 . J. LI P I N C 0 T T SURVEY .IN .( ' 1007 BILLE ROAD Of P.O. BOX 671 — PARADISE, CALIFORNIA-95969 TELEPHONE 916 074MO PERCOLATION TEST LOG . N-AM E SERVICE JOB. N0. 77203 DATE July 20, 1979 ' LOCATION --East:' side of Clear Creek, across from Paradise Airport SO.1L: DE:S.0IP/TI0N.gat- 0�1 - EOGe4 Lt447- T3¢y-owl c4r.7 L.o/,", Ta /j(" 7) n/ 5,4,407 CV l D'a . '3:Z',.,, TOLL!' �Z � Qocic'7 LtGHT13Ru.aw/E�R•'7 Lo4v+. 7Z� /2." Tom^/ L/G�r7' Ti►w/ Tnct Li,!'c= M�7R�2iiFC.C57t7NE; � " 3.•' QotC '1 L►4-HT fs¢v.Jr/ G�Aj LO11r.+� 'To 14" Tf.-? i4 SR-P4O'7 CoW<e-i) '--a rc 7�. 3Z 6Q I'FQLC •Q� L.l�N'r BRva�! �oclCy G� ty [v�,.d 7>Q�.wS�n•.✓ To G/Zc-ys s.f. v•r ��nrt,Rt-.= ct=�✓� S�ni�ait Tha::;fo1lowi:ng: teat -data was obtained in conformance with the approved butte Counfy Health Dept'.' Perl olatiOn Test Procedure of 19.68. H6,1e1 we►e0'r*lodktd on July 18, 1979 beginning at Noon ending at 4.cOOPM 1041: Nb1. 2 3 4 5 .'"`. .. DtPr' 30 30 30 30 30 011, p.•_. p : p Time Drop Time Drop Time Drop ime Dro TIn1e Drop Time Oro Time Drop .; Eteg11�" '9:00 j. ;. ''..;''3' .9_::30 ;." 9:32 1" 9:34 Dr 9:35 3" 9:36 .3-6 30 3 4" 30 5 3/4" 30 2 %' 30 ' z ::. :I r:.< .2•� '.3.0 0 30 2' 30 5-12' 30 2" 30 0 30. 30 4" 30 1 3/4' 30 .30 ' .0.. 30 z" 30 4" 30 l 4" 30 6. .12:00: -'0" 12:02 4" 12:04 4" 12:05 1" 12:06 Rg1e _= 1' : 63 min I" --- 1". 110min L" 8 min l•• F32min I� I• •. O 0 LI PPIgr�o0G��o No. 3634' Sian ��T �\� • 4 V. Page_.� of pages county LAND OF NATURAL WEALTH AND BEAUTY 1F �ry PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-339.7 TELEPHONE: (530)538-7601 FAX: (530)538-7785 June 18, 2001 Kimberly Jensen 1025 Clotilde Way Chico, CA 95926 Re: Rezone,File REZ 01-01,APN 041-080-049 Dear Ms. Jensen: At the regular meeting of the Butte County Planning Commission held June 14, 2001, your request for a rezone from FR-40(Foothill Recreational -40 acre parcels) to FR-20(Foothill Recreational- 20 acre parcels) on a 209 (+/-) acre parcel. The property is designated Agricultural Residential by the General Plan. The project resides with in the Town of Paradise Sphere of Influence,the Paradise Urban Reserve, as designated by the Butte County General Plan, and the area of influence for the Paradise Skypark Airport for property located approximately 1,000 feet east of Clark Road (State Route 191),on Out of the Way Road, approximately 1 mile south of the Town of Paradise and one- quarter mile east of the Paradise Skypark Airport. 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, Ly n Richardson Planning/Administrative Support Service Assistant /lr cc: Clerk of the Board Ron Graves & Associates 0 • BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - June 14, 2001 Applicant: Kimberly Jensen APN: 041-080-049 File#: REZ 01-01 Location: Approximately 1,000 feet east Request: Rezone from FR-40 ( Foothill of Clark Road (State Route Recreational-40 acre parcels) 191),on Out of the Way Road, to FR-20 (Foothill approximately 1 mile south of Recreational-20 acre parcels) the Town of Paradise and one- on a 209 (+/-) acre parcel. The quarter mile east of the property is designated Paradise Skypark Airport. Agricultural Residential by the General Plan. The project Parcel Size: 209 (+/-) resides within the Town of Paradise Sphere of Influence, Zone date: 18 September 1990 the Paradise Urban Reserve,as designated by the Butte Supervisor'District: 4 County General Plan, and the area of influence for the Attachments: Paradise Skypark Airport. A. Site Area Maps G.P.: Agricultural Residential (1 to 40) B. Conditional Zoning Agreement C. Initial Study Zoning: FR-40(Foothill Recreational - 40 acre parcels) STAFF COMMENT: Staff recommends that the Planning Commission recommend approval of thisproject to the Board of Supervisors with findings. PROJECT DESCRIPTION/SITE CHARACTERISTICS: The property is located approximately 1,000 feet east of Clark Road (State Route 191), on Out of the Way Road, approximately 1 mile south of the Town of Paradise and one-quarter mile east of the Paradise Skypark Airport. The property is situated at the bottom of Clear Creek Canyon. Clear Creek bisects the property. The property ranges in elevation from about 750 feet at the center of the property to aboutl,100 feet elevation near the east ridge line of the canyon. Out of the Way Road ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE I ■ • • bisects the property, and is an unimproved graded road. The predominate flora is moderate undergrowth within scattered oak trees. A single home site is being prepared. ANALYSIS: i Project Background Out of the Way Road is a private road existing by easement from Clark Road, near the entrance to the Skyway (Paradise) Airport, down into Clear Creek Canyon then south into and through the subject property. The road through the subject property is rough graded, and is more of a jeep trail than a road. However, the road does extend further south then comes up the canyon side back to Clark Road. There are two access routes into the canyon and property. The proposed rezone was reviewed by Environmental Health(see comments below). Their concern is that although 20 lots may be permitted by the proposed zoning, it may be that septic field requirements will restrict the number of buildings, and thus lots, to fewer than the 20 lots allowed under the zoning. A zoning agreement has been prepared with a condition acknowledging this possibility and requiring compliance. The Department of Fish and Game has designated this parcel as "In Deer Herd Area", but development is permitted. According to Butte County constraints mapping, the project may be located in an area considered having 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. Although the project area has suffered the effects of significant mining in the late 1800s, there may still be archeological remains within the project boundaries. A zoning agreement has been prepared with a condition to cover the possibility of sites in the area. The east side of the property rises from the creek to the.toe of a bluff with a face height of 50 feet to 200 feet. In some areas it may be possible to construct a home close enough to the bluff to be in danger from falling material sloughing of the cliff. For this reason, the zoning agreement has a condition requiring that dwellings shall be placed no closer than 30 feet to the main toe of the face of the east cliff. Although the Fire Department(CDF)indicated there is no impact by the proposed zoning,there may be an incremental increase in service costs. Because of the difficulty of access to the canyon and project property, and because of the vegetation and trees, a condition has been added to the zoning agreement requiring that roofing material for all dwellings shall be of a non-combustible material. Additional conditions may be added in the Tentative Map phase as appropriate. The property is located within the Sphere of Influence and the"Secondary Study Area"of the Town of Paradise Urban Area. In accordance with County General Plan policy, the application was ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE 2 ■ • • reviewed by the Town of Paradise. They note that their General Plan designates the area "Open Space/Agriculture"and, therefore, should remain in its natural undeveloped state. They also recommend that the project be referred to CalTrans. This inconsistency alone does not present an environmental effect. The zoning is consistent with the Butte County General Plan and Land Use Element for the Paradise"Urban Reserve"Area. The Paradise Urban Reserve Policy Statement on page LUE-95 states in part that as long as the Department of Fish and Game has not designated an area as "No Development," 20 acre minimum parcel size is permitted under the Policy. The property owners have begun grading a site for a home near the north property line. General Plan Consistency The FR-20 (Foothill Recreational - 20 acre parcels) is found to be consistent with the Agricultural Residential (1 to 40) General Plan designation. The Paradise Urban Reserve Policy Statement on page LUE-95 of the Land Use Element of the General Plan states in part that as long as the Department of Fish and Game has not designated an area as "No Development," 20 acre minimum parcel size is permitted under the Policy. The Department of Fish and Game has designated the area as "Development Permitted." Page LUE-51 establishes eleven"Zoning Factors"that function as development policy standards for projects in the Agricultural Residential zones. The Factors are: 1. Existing parcel sizes and residential densities. 2. Slope 3. Soil conditions and water availability. 4. Effects on adjacent uses, crop production, livestock grazing, forestry, resources extraction and wildlife habitat. 5. Proximity to public roads and other public facilities. 6. Distance from airports, railroads and industrial uses. 7. Existing utilities and drainage facilities. 8. Potential for surface cracking, landslides and erosion. 9. Effects on noise, traffic flow and safety, water quality, air quality, wildlife habitats and general environmental quality. 10. Local desires. 11. Potential for pest insect breeding. The proposed zoning to FR-20 meets all of these Factors except for Slope and Soil Conditions. These two factors are covered under the attached Conditional Zoning Agreement. Surrounding Uses and Compatibility The 209 acre subject parcel is at the bottom of Clear Creek Canyon with no other homes nearby. Even if a full complement of 10 new homes were to be developed in the Canyon, the character of the Canyon and vicinity would see very little change. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE 3 ■ 0 • Although the property is within the boundary of the Skypark Airport plan area,the Airport Land Use Commission, on 16 May 2001, determined that the project met all the standards of the Commission. No conditions or stipulations were placed on the project. Comments Received Environmental Health: An overt visual survey of the area has revealed that much of the area would not qualify as usable for sewage disposal and water availability is unknown. Since the actual development potential is not now known,the Conditional Zoning Agreement includes the following notice: "Any subdivision of this property shall conform to Butte County Environmental Health Department requirements for septic systems. This may reduce the number of building lots to less than that permitted by the zoning." California Department of Forestry: This individual rezone has no impact on the Fire Department, but the accumulative effect of'rezoning to higher density developments is increased demand for fire protection services and higher costs to the County. Public Works: No Comment. Town of Paradise: In summary, they recommend that the property remain in its natural, primarily undeveloped state, or to be used for agricultural purposes. See above discussion. Local Agency Formation Commission: Great deference should be given to maintaining the integrity of the Sphere of Influence for future growth. Parcelization can lead to parcel development that is not complimentary for the wishes of the Town of Paradise. ACTIONS FOR CONSIDERATION: Should the Planning Commission find that the proposed mitigation measures specified are sufficient to mitigate the identified impacts, staff recommends that the Planning Commission take the following actions. I. Recommend adoption of a Mitigated Negative Declaration regarding environmental impacts to the Board of Supervisors, with the following findings: A. Find that an Initial Study was completed in compliance with the California Environmental Quality Act, and that said study identified significant environmental effects and includes mitigation measures that would mitigate such effects below significant levels, and that a Mitigated Negative Declaration is proposed. B. Find that the Planning Commission has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE 4 ■ • • D. Find, that 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 Development Services Rezone,Planning Division File No. RZ 01- 02, will have a significant effect on the environment. E. Find that the proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. F. Adopt the Mitigated Negative Declaration regarding environmental impacts, with Mitigation Measure #1, #2, #3 and #4 and as detailed in the Agenda Report dated June 14, 2001 items III-B, C, D and E. 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 required. The project site is not known to contain 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. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; interfere substantially with the movement of any native resident or migratory fish or wildlife species; conflict with any local policies or ordinances protection biological resources; or, conflict with the provisions of an adopted Habitat Conservation Plan. III. Recommend approval to the Board of Supervisors of Rezone REZ 01-01 for Kimberly Jensen, a single woman,and Rick E. Scott, a single man,as Joint Tenants on APN 041-080- 049 from FR-40 (Foothill Recreational - 40 acre parcels) to FR-20 (Foothill Recreational - 20 acre parcels) on a 209 (+/-) acre parcel, and recommend that the Board of Supervisors adopt the Ordinance rezoning said property subject to the Conditional Zoning Agreement attached to the Zoning Ordinance as Exhibit "A", with the following findings: A. The project is consistent with the Agricultural Residential (1 to 40) General Plan designation. B. That a mitigation measure requiring that if,during the course of construction of roads or buildings,any evidence of an archeological find is made,all construction affecting the find are to be discontinued until a final determination is made,and plan adopted, regarding the disposition of the find mitigates the identified impact. C. That a mitigation measure requiring that any subdivision of this property shall conform to Butte County Environmental Health Department requirements for septic systems. This may reduce the number of building lots to less than that permitted by the zoning, and mitigate the identified impact. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE 5 ■ D. That a mitigation measure requiring dwellings shall be placed no closer than 30 feet to the main toe of the face of the east cliff mitigates the identified impact. E. That a mitigation measure requiring roofing material for all dwellings shall be of a non-combustible material which mitigates the identified impact. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE 6 ■ Vicinity Mapj m — I ■. �� ����1�1/1ff111wA1111 No: OWN ME u MEW ■��,�5 ... Project ®� l r�s !M l �„ -- COUNTYBUTTE NG CONDUSSION • 1 Hearing Date: June 14,2000 @ 9:30 a.rrL Existing Zone: FR-40(FooM Recreational,40 acres) N Suparvisonal l� Request:Rezone to FR-20(20 acre parcels)on a 209 acre parcel. District#4 Assessor Parcel No: 41-080-0491 1 DATE RECEIPT TOTAL PUBLIC PUBLIC ENV. 7ED NO. RECEIVED WORKS LAFCO PLANNING SALES HEALTH FIRE OTHER APPLICANT RECEIVED FROM RECEIPT 19073 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED By , • I KIMBERLY JENSEN 0114 1025 CLOTILDE WAY 530-899-1963 CHICO,CA 95926- „ 90-3504/1211. (Date Nc1y '01'6I ZCW Z g� Order of aytothe TRI COUNTIES DANK NOT VALID UNDER$150.00 1-800-922-8742 For - G NP 'I: 12Li35045i:0L14 OOL367730110 4 Count - - u ne LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION =:* DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 June 4, 2001 FAX: (530)538-7785 Kimberly Jensen 1025 Clotilde Way Chico, CA 95926 Re: Rezone,AP 041=080-049, REZ 01-01 Dear Ms. Jensen: Enclosed is a copy of the Agenda Report concerning your application for a rezone from FR-40 Foothill Recreational-40 acre parcels)to FR-20(Foothill Recreational-20 acre parcels)on a 209(+/-) acre parcel. The property is designated Agricultural Residential by the General Plan. The project resides with in the Town of Paradise Sphere of Influence, the Paradise Urban Reserve, as designated by the Butte County General Plan, and the area of influence for the Paradise Skypark Airport approximately 1,000 feet east of Clark Road(State Route•191),on Out of the Way Road,approximately 1 mile south of the Town of Paradise and one-quarter mile east of the Paradise Skypark Airport.. 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 14, 2001, 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, 4r__� G - Lynn Richardson Planning/Administrative j Support Service Assistant Enc. cc: Ron Graves & Associates j:\wpdocs\pc1ts\scheduIe.mrg ALUC Meeting 5/16/01 Portion of Minutes relating to Kimberly Jensen application ITEM WITH PUBLIC HEARING 1. ALUC File No. A01-02 Consistency Finding for Kimberly Jensen — Rezone APN 041-080-049: A consistency review of an application to rezone approximately 209 acres from Foothill Recreation — 40-acre minimum (FR-40) to Foothill Recreation'— 20-acre minimum (FR-20). The property is located approximately 1,000 feet east of Clark Road on Out Of The Way Road, about 1 mile south of the Paradise town limits. Mr. Sanders presented the application for a rezone stating that the subject property is located in compatibility Zone D which has no restrictions on density or intensity. He further commented that the site is located on the east side of Clark Road actually at a lower elevation than the airport runway; this site is a large odd-shaped parcel configured like a peninsula which extends southward into the canyon. In addition, he said that the parcel is assigned the_land use designation Agricultural Residential which can accommodate a range of parcel size from 1 to 40 acres. Although the Jensen's application requests a rezone from 40-acre parcels to 20-acre parcels, Mr. Sanders believes the layout of the land would likely produce fewer than 10 parcels, perhaps only 4 to 6. Commissioner Grierson questioned whether consideration should be given to possible lighting restrictions. Mr. Sanders responded that typical rural residential lighting will be used. He added that the terrain is of a lower elevation than the airport; the location is on the east side of Clark Road as opposed to the airport approach which is on the west side of Clark Road. Chair Rosene seemed satisfied that no lighting restriction would be needed. Commissioner Lambert asked whether an avigation easement might be warranted; it was determined that there is no need for such easement. Chair Rosene opened the hearing to the public. There were no public comments and the hearing was closed. Alternate Commissioner Greenwood made a motion, seconded by Commissioner Grierson, and unanimously carried to find the ALUC File #A01-02, Kimberly Jensen, consistent. The project was approved with the following findings: SECTION 1: ENVIRONMENTAL FINDINGS A. No environmental documentation was submitted at the time of project review. SECTION 2: CONSISTENCY FINDINGS FOR PROPOSED PROJECT A. The density proposed by the project is consistent with compatibility criteria of Zone D in the ALUCP for the Paradise Skypark Airport because Zone D does not place limitation on residential density and no structures are 0 anticipated to exceed 100 feet in height. I I BOARD OF SUPERVISORS JANE DOLAN Second District,Chair m? m• .'►►.' ' ADMINISTRATION CENTER R.J. BEELER 25 COUNTY CENTER DRIVE-OROVILLE,CALIFORNIA 95965 First District TELEPHONE:(916)538-7224 MARY ANNE HOUX Third District CURT JOSIASSEN Fourth District KIM YAMGUCHI Fifth District August 14,2001 Kimberly Jensen 1025 Clotilde Way Chico, CA 95926 RE: Continue Public Hearing - Rezone File No. REZ 01-01 -APN 041-080-049 Dear Ms. Jensen: This letter is to inform you that at its meeting of August 14; 2001, the Board of Supervisors continued the above referenced matter to Tuesday, August 28,2001,at 10:45 p.m. The continued hearing will be conducted in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. If you plan to submit information to the Board, you will need to provide 8 copies of each item you are submitting. Also, please be aware that any information submitted during the course of the hearing, including photographs, maps, video tapes, audio tapes, or written material, will become part of the public record for that matter and will be retained by the Board. If you have any questions, please do not hesitate to contact me at 530-538-7643. Thank you. Since ely, arion Reev Assistant Clerk Board /mr /Cc- Development Services RECORDING REQUESTED BY: 201010 10 0►732 Fidelity National Title of California k Recorded I REC FEE 16.00 Escrow No. 203185-JW Official, Records 1 TAX 192.50 Title Order No.00203185 County Of, + I r BUTTE I When Recorded Mail Document CANDACE J. GRUBBS I and Tax Statement To: Recorder i Kimberly Jenson ROSEMARY DICKSON' 1 Assistant I Cindy 1025 Cotilde Way 09:00FDi 06-Jun-2000 1 Page I of 4 Chico, CA 95926 APN: 041-008-049 GRANT DEED SPACE ABOVE THIS LINE FOR RECORDER'S USS The undersigned grantorls) declares) U Documentary transfer tax is $192.50 [ X ] computed on full value of property conveyed, or , [ ] computed on full value less value of liens or encumbrances remaining at time of sale, [ ] Unincorporated Area City of Paradise FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, John J. Maran and Grace M. Maran, Trustees of the Maran Trust dated August 6, 1992 hereby GRANTIS) to Kimberly Jenson, A Single Woman and Rick E. Scott, A Single Man as Joint Tenants the following described real property in the City of Paradise County of Butte, State of California: DATED: June 1, 2000 STATE OF CALF I John J. Maran and Grace M. Maran, Trustees of the COUNT OF Maran Trust dated August 6, 1992 ON C9 before me, 2 personally apps red By:je/:��o -A4/017&1V1, Vlo , mala!j o n J. M an, Trustee r personally known to me (or proved to me on the basis By. of satisfactory evidence) to be the person(s) whose race M. Maran, ustee name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. """ J. WHITSETT COMM.#1229142 NOTARY PUUM- WFORNIA �p Witne s my a d nd icial seal. COUNTY OF BUTTE Signatu Conw m.Expint Aug.20,2003 MAIL TAX STATEMENTS AS DIRECTED ABOVE FD-213(Rev 7/96) GRANT DEED Order No. 203185 j EXHIBIT "ONE" PARCEL I: All that portion of Section 2, Township 21 North, Range 3 East, M.D.B. &M., lying Easterly of the following described line: -- Beginning at the point of intersection of the North line of said Section 2, Township 21 North, Range 3 East, M.D.B. &M. with the East line of Clark Road, as said road is described in Deed to the County of Butte, recorded August 5, 1938, in Book 86, Page 368, Official Records; thence Easterly along the North line of said Section 2, a distance of 910 feet to the true point of beginning for said line; thence leaving said North line, South 14 deg. 50 East 1770.0 feet; thence South 35 deg. 10 East 883.0 feet; thence South 17 deg. 20' West 1010.0 feet; thence South 26 deg. 20' West 1070 feet; thence Southerly in a straight line to a point on the South line of said Section 2, which point bears Easterly, measured along said South line, a distance of 1260.11 feet from the point of intersection of said South line with the Easterly line of Clark Road, as said road is described in the Deed to the County of Butte hereinabove referred to and the end of said line. EXCEPTING THEREFROM that certain parcel of land described as follows: Commencing at the East quarter corner of said Section 2; thence along the East line thereof, South 330 feet to the Northeast corner of that certain parcel of land described in Deed form Ole Hesbol, et ux, to F. M. Bethard, recorded November 22, 1917, in Book 153 of Deeds, Page 50, Butte County Records, and being the true point of beginning for the parcel of land herein described; thence from said true point of beginning, along the North line of said Bethard Parcel 2145.0 feet to the Northwest corner thereof; thence along the West line of said Bethard Parcel, South 330 feet to the Southwest corner thereof; thence along the Easterly line of that certain parcel of land described in Deed from F. M. Bethard, et al, to Ole Hesbol, recorded November 22, 1917,in Book 153 of Deeds, Page 49, Butte County Records, South 3 deg. 49' West to the Southeast corner of said Hesbol parcel on the South line of said Section 2, which point is 363 feet East from the South Quarter corner of said Section 2; thence along the South line of said Section 2, East a distance of 2277 feet to the Southeast corner of said Section 2; thence along the East line of said Section 2, North a distance of 2310 feet to the true point of beginning. PARCEL II: A right of way for road and utility purposes over a strip of land 60 feet in width and having a length of 1010 feet, said strip lying Westerly of and adjacent to the course and distance set forth as South 17 deg. 20' West 1010 feet in Parcel I described herein. PARCEL III: A right of way for road and utility purposes over and across a strip of land 60 feet in width, extending Westerly form the Westerly line of the herein described property to the Easterly line of Clark Road, said right of way to be located within the South 1000 feet of that certain parcel of land described in Deed to Hugh M. O'Neil recorded February 10, 1964, in Book 1295, Page 348, Official Records, the Northerly line of said Southerly 1000 feet being parallel with the South line of said parcel and 1000 feet perpendicularly distance from said South line. PARCEL IV: A non-exclusive easement for road and public utility purposes over a strip of land 60.00 feet in width, lying 30.00 feet on each side of the following described road centerline 2 Order No. 203185 located in the South half of Section 35, Township 22 North, Range 3 East, M.D.B. &M.: Beginning at a 3/4" iron pipe and tag LS 2843,marking the most Easterly corner of Parcel 4, as shown on that certain Parcel Map for 10-M Corp., which Map was recorded in the Office of the Recorder of Butte County, California, in Book 57 of Maps, at page 36; thence following along the Westerly boundary line of Clark Road and along the arc of a 750.00 foot radius curve concave to the West, the radius point at this point bears North 74 deg. 25' 32" West, Southerly through a central angle of 6 deg. 07' 06" for an arc distance of 80.09 feet to the Southeast corner of said Parcel 4; thence South 81 deg. 31' 27" East, for 51 .27 feet to a point located in the centerline of said Clark Road, said point being the true point of beginning for the road centerline herein described; thence from said true point of beginning continuing South 81 deg. 31' 27" East, for 107.93 feet to the beginning of a tangent 150.00 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 37 deg. 16' 16", for an arc distance of 97.58 feet to the end of said curve; thence South 44 deg. 15' 11" East, for 85.88 feet to the beginning of a tangent 250.00 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 27 deg. 07' 31", for an arc distance of 118.36 feet to the end of said curve; thence South 17 deg. 07' 40" East, for 18.02 feet to the beginning of a 30.00 foot radius tangent curve to the left; thence following along the arc of said curve, through a central angle of 180 deg., for an arc distance of 94.25 feet to the end of said curve; thence North 17 deg. 07' 40" West, for 18.02 feet to the beginning of a tangent 310.00 foot radius curve to the left; thence following along the arc of said curve, through a cental angle of 22 deg. 07' 31 " for an arc distance of 119.71 feet to the beginning of a 285.45 foot radius reverse curve to the right; thence following along the arc of said curve through a central angle of 31 deg. 37' 18", for an arc distance of 157.54 feet to the end of said curve; thence North 7 deg. 37' 54" West, for 113.68 feet to the beginning of a tangent 100.00 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 33 deg. 53' 50", for an arc distance of 59.16 feet to the end of said curve; thence North 26 deg. 15' 56" East, for 56.74 feet to the beginning of a tangent 100.00 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 36 deg. 54' 46", for an arc distance of 64.43 feet to the end of said curve; thence North 63 deg. 10' 42" East, for 41.56 feet to the beginning of a tangent 100.00 foot radius curve to the left; thence following along the arc of said curve, through a central angle of 38 deg. 16' 30", for an arc distance of 66.80 feet to the end of said curve; thence North 24 deg. 54' 12" East, for 111.24 feet to the beginning of a tangent 50.00 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 184 deg. 25' 05", for an arc distance of 160.93 feet to the end of said curve; thence South 29 deg. 19' 17" West, for 98.49 feet to the beginning of a 300 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 11 deg. 40' 21", for an arc distance of 6 1.1 1 feet to the end of said curve; thence South 40 deg. 59' 37" West, for 61.51 feet to the beginning of a 50 foot radius curve to the left; thence following along the arc of said curve, through a central angle of 75 deg. 10' 55", for an arc distance of 65.61 feet to the end of said curve; thence South 34 deg. 11' 18" East, for 45.82 feet to the beginning of a 100 foot radius curve to the left; thence following along the arc of said curve, through a central angle of 40 deg. 56' 30", for an arc distance of 71.46 feet to the end of said curve; thence south 75 deg. 07' 48" East, for 286.09 feet to the beginning of a 47.83 foot radius curve to the left; thence following along the arc of said curve, through a central angle of 164 deg. 52' 40", for an arc distance of 137.64 fee; to the end of said curve; thence North 60 deg. 00' 28" West, for 121.52 feet to the beginning of a 50 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 121 deg. 17' 23", for an arc distance of 105.85 feet to the end of said curve; thence North 61 deg. 16' 55" East, for 58.93 feet to the beginning of a 250 foot radius curve to the right; t hence following along the arc of said curve, through a central angle of 14 deg. 21' 53", for an arc distance of 62.68 feet to the end of said curve; thence North 75 deg. 38' 48" East, for a distance of 70.45 feet to the beginning of a 300 foot radius curve to the length; thence following along the arc of said curve, through a central angle of 9'deg. 22' 21", for an arc distance of 49.07 feet to the end of said curve; thence North 66 deg. 16' 27" East, for 21 .85 feet to the beginning of a 116.00 foot radius curve to the right; thence 3 Order No. 203185 following along the arc of said curve, through a central angle of 102 deg. 29' 37", for an arc distance of 207.51 feet to the end of said curve; thence South 11 deg. 13' 56" East, for 254.01 feet to the beginning of a 450 foot radius curve to the left; thence following along the arc of said curve, through a central angle of 14 deg. 24' 30", for an arc distance of 1 13.16 feet to the end of said curve; thence South 25 deg. 38' 26" East, for 219.86 feet to the beginning of a 225 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 28 deg. 14' 45", for 110.92 feet to the end of said curve; thence South 2 deg. 36' 19" West, for 160.93 feet to the beginning of a 300 foot radius curve to the left; thence following along the arc of said curve, through a central angle of 25 deg. 57' 36", for an arc distance.of 135.95 feet to the end of said curve; thence South 23 deg. 21' 17" East, for 193.10 feet to the beginning of a 140 foot radius curve to the right; thence following along the arc of said curve, through a central angle of 23 deg. 17' 12", for 56.90 feet to the end of said curve; thence South 0 deg. 04' 05" East, for 27.14 feet to the intersect the Southerly boundary line of said Section 35, which point bears North 89 deg. 23' 35" East, for 312.13 feet from the South quarter corner of said Section 35, and the end of said described road centerline. Assessor's Parcel No: 041-008-049 4 DATA SHEET A. Project Description 1. Type of Project: ��� 2. Proposed Density of Development: 2D 19 3. Amount of Impervious Surfacing: 20 4. Access and Nearest Public Road(s):S� 5. Method of Sewage Disposal: Individual septic systems. 6. Source of Water Supply: Individual wells. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: None under existing zoning. B. Environmental Setting 1. Terrain a General Topographic Character: b. Slopes: Zo P /f,ec7tz C. Elevation: feet above sea 1 d. Limiting Factors- 2. actors-2. Soils a. Types and Characteristics: b. Limiting Factors: 4�, 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: 14(6"Z' C. Landslide Potential: /J d. Fire Hazard: e. Expansive Soil Potential: 4. Hydrology a. Surface Water: yl' b. Ground Water: Unknown, potentially limited. Abundant valley aquifers. C. Drainage Characteristics: d. Annual Rainfall (normal): inches per year. /1— OSS/�/� e. Limiting Factors: 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. ' z% 7. Air Quality: Good, except when stagnant air conditions persist in the valley. 8. Vegetation: 9. Wildlife Habitat: Small birds and animals common to valley grasslands. Nerr- r er �G/Z� �//�✓T � ��1 10. Archaeological and Historical Resources in the area: .Sensitivity area. 11. Butte County General Plan designation: t( 12. Existing Zoning: �i 9"_ZD 13. Existing Land Use on-site: 14. Surrounding Area: a. Land Uses. /pp�ql b. Zoning: �4_qol- (j : %o SlJ 1/'/Z �fJyL C. Gen. Plan Designation: d. Parcel Sizes: 15. Character of Site and Area: 16. Nearest Urban Area: 17. Relevant Spheres of Influence: 18. Improvement Standards Urban Area: 19. Fire Protection Service: 2� a. Nearest County(State)Fire Station: Station number approximately miles away. b. Water Availability: Fire tankers only. 20. Schools: Union School District(s). cr Recording Requested By County of Butte And When Recorded Return to Clerk of the Board of Supervisors 25 County Center Drive Oroville, CA 95965 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this day of , 2001, by and between Kimberly Jensen, a single woman, and Rick E. Scott, a single man, as Joint Tenants, herein called"Owner", and the COUNTY OF BUTTE, a political subdivision of the State of California, herein called "County". WITNESSETH WHEREAS, Owner is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described as follows: Being the property shown in the Record of Survey in Section 2, T. 21 N. R. 3 E., MDB&M, Butte County, California, Recorded 19 November 1992 at 8:01 AM in Book 127 of Maps at Page 69. Containing 209 acres, more or less. WHEREAS, the Property is now zoned FR-40 ( Foothill Recreational - 40 acre parcels) and is designated as Agricultural Residential 1 to 40 by the General Plan.; and WHEREAS, Owner has applied for a reclassification of zoning of the Property from its present classification to FR-20(Foothill Recreational-20 acre parcels);and WHEREAS, public hearings have been held upon said application before the Board of Supervisors of the County of Butte, State of California, and after having considered the matter presented, the Board has determined that certain conditions to the zoning reclassification of said real property must be imposed so as not to create any problems inimical to the health, safety and the general welfare of the County of Butte. NOW, THEREFORE, .IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification to FR-20 (Foothill Recreational - 20 acre parcels) is being granted and will be enacted by ordinance, the said reclassification shall be subject to the following condition(s): I. This Agreement is made pursuant to Butte County Code Section 24-25.40 (c), between the property owner and County of Butte, and includes the following provisions: A. If, during the course of construction of roads. or buildings, any evidence of an archeological find is made, all construction affecting the find are to be discontinued w until a final determination is made, and plan adopted, regarding the disposition of the find. B. Any subdivision of this property shall conform to Butte County Environmental Health Department requirements for septic systems. This may reduce the number of building lots to less than that permitted by the zoning. C. Dwellings shall be placed no closer than 30 feet to the main toe of the face of the east Cliff D. Roofing material for all dwellings shall be of a non-combustible material. II. In the event Owner, any successor in interest of Owner, or any person in possession of the Property, violates or fails to perform any of the conditions of this Agreement within thirty(30)days after notice the as provided in Paragraph 3, the Board of Supervisors of County may instruct the County Counsel to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of County may also initiate proceedings to rezone the property to the classification to which it is now zoned or any other suitable classification and to redesignate the property to its present General Plan designation . III. Notice of violation of any of the provisions of this Agreement shall be sent to Owner or successor at the address of the then current owner as identified on the current tax roll. IV. In the event suit is brought by the County Counsel of County to enforce any of the provisions of this Agreement, Owner agrees to pay to County a reasonable sum to be fixed by the Court as attorney's fees. V. Each and every one of the provisions of this Agreement herein contained shall run with the land and shall bind and inure to the benefit of the successors in interest of Owner and County,in the same manner as if they had been expressly named herein. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. I . I Dated: Kimberly Jensen, a single woman, and Rick E. Scott, Owner By Kimberly Jensen By Rick E. Scott COUNTY OF BUTTE, a political subdivision of the State of California Dated: By Curt Josiassen, Chair Butte County Board of Supervisors [Attach Notary form] K:(PROJECTS\R EZ\Jznszn\ZnAe,,nnt.wpd I t ` Msuite county LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 4q:co;�,:;�" >"•. 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 May 22, 2001 To: Responsible and Trustee Agencies Re: NOTICE OF INTENT - To Adopt a Proposed Mitigated Negative Declaration for a Rezone from FR-40(Foothill Recreational-40 acre parcels)to FR-20(Foothill Recreational - 20 acre parcels) on a 209 (+/-) acre parcel. The property is designated Agricultural Residential by the General Plan. The project resides within the Town of Paradise Sphere of Influence, the Paradise Urban Reserve, as designated by the Butte County General Plan, and the area of influence for the Paradise Skypark Airport. 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 14, 2001. 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. Sincerely, Carl L. Durling Senior Planner cc: Ron Graves, Project Engineer P.O. Box 986, Oroville, CA 95965 Applicant Kimberly Jensen, 1025 Clotilde Way, Chico, CA 95926 Craig Erickson, Butte County Environmental Health Division Stu Edell, Butte County Land Development Division Ted Crawford, Butte County Fire Department/CDF u r • • �. Project:Kimberly Jensen,REZ 0 1-0 1 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: 1. Name of Proponent: Kimberly Jensen 2. .Address: 1025 Clotilde Way, Chico, CA Phone: 530-899-1963 3. Name of Proposal: Kimberly Jensen's Rezone (Rez 01-01) 4. Type of Project: Rezone 5. Project Description: The applicant requests a Rezone from FR-40 ( Foothill Recreational - 40 acre parcels)to FR-20(Foothill Recreational-20 acre parcels)on a 209(+/-)acre parcel. The property is designated Agricultural Residential 1 to 40 by the General Plan. 6. Location of project: The property is located approximately 1,000 feet east of Clark road (State Route 19'1), on Out of the Way Road,.approximately 1 mile south of the Town of Paradise and one-quarter mile east of the Paradise Skypark Airport. The property is situated at the bottom of Clear Creek Canyon. Clear Creek bisects the property. 7. Setting: The property ranges in elevation from about 750 at the center of the property to about 1,100 feet elevation near the east ridge line of the canyon. Out of the Way Road bisects the property, and is an unimproved graded road. Moderate undergrowth, and oak trees, are the predominate flora. A single home is under construction. 6. Assessor's Parcel Numbers: 041-080-049 7. Date Checklist Submitted: 8. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): Butte County Environmental Health. H. DETERMINATION: On the basis of this initial evaluation: ❑ Butte County Department of Development Services ❑ Planning Division ❑ 1 Project:Kimberly Jensen.RCZ 0-0l ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. K 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 MIITIGATED 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 on attached sheets. An ENVIRONMENTAL IMPACT 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. t a0 -1vo/ Prepared by: Carl L. urlins, Senior Planner Date Reviewe by: Randy VW lson, Principal Planner Date ❑ Butte County Department of Development Services ❑ Planning Division ❑ 2 ' Project:Kimberly Jensen,REZ 0 1-0 1 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. 0 Aesthetics 0 Agriculture Resources ❑ Air Quality ❑ Biological resources X Cultural Resources ❑ Geology/Soils ❑ Hazards/Hazardous Materials X Hydrology/Water Quality ❑ Land Use/Planning 0 Mineral Resources ❑ Noise ❑ Population/Housing 0 Public Services 0 Recreation 0 Transportation/Traffic X Utilities/Service Systems 0 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 maybe.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). ❑ Butte County Department of Development Services ❑ Planning Division ❑ 3 Project:Kimberly Jensen,RE Z* 0l-01 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. 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. 0 Butte County Department of Development Services 0 Planning Division 0 4 ' Project:Kimberly Jensen,REZ 0l-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Id. ENVIRONMENTAL IMPACTS: 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 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 and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? K 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: ❑ Butte County Department of Development Services ❑ Planning Division 0 5 • Project:Kimberly Jensen,REZ 0 1-0 1 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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? K b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? K c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Response: The property is not currently used for any agriculturally related use. There is no Williamson Act contract affecting this property. There is no adjacent 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? K b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? k c) Result in a cumulatively considerable net increase of any criteria pollutant for ❑ Butte County Department of Development Services ❑ Planning Division ❑ 6 # M Project:Kimberly Jensen,REZ 01-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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)? !C d)Expose sensitive receptors to substantial pollutant concentrations? k e) Create objectionable odors affecting a substantial number of people? K Response: a. - d. The project will not contribute any air quality impact, since the'change from FR-40 to FR-20 is permitted by the General Plan designation of Agricultural Residential 1 to 40. The proposed Zoning classification does not appreciably.alter the amount of development permitted on the property. e. This proposed change to the zoning districts will not create significant objectionable odors,smoke or fumes beyond what is customary and expected from commercial land uses. Mitigation: None required. 4. BIOLOGICAL RESOURCES. Would the project.- a) roject.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? b) Have a substantial adverse effect on ❑ Butte County Department of Development Services ❑ Planning Division ❑ 7 Project:Kimberly Jensen,RGZ U1-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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? 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? K d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede . the use of native wildlife nursery sites? K e) Conflict with.any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance. K 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? K Response: Butte County General Plan resource mapping does not show the property as containing any sensitive plant or animal species. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 8 Project:Kimberly Jensen,RLZ 0l-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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? K b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? K d) Disturb any human remains, including those interred outside of formal cemeteries? K Response: According to Butte County constraints mapping, the project may be located in an area considered to 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. Although the project area has suffered the effects significant mining in the late 1800s, there may still be archeological remains within the project boundaries. Mitigation: #1: If, during the course of construction of roads or buildings, any evidence of an archeological find is made, all construction affecting the find are to be discontinued until a final determination is made, and plan adopted, regarding the disposition of the find. 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to ❑ Butte County Department of Development Services ❑ Planning Division ❑ 9 Project:Kimberly Jensen,REZ 0 1-0 1 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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. 2) Strong seismic ground Shaking? K 3) Seismic-related ground failure, including liquefaction? X 4) Landslides? X b) Result in substantial soil erosion or the loss of topsoil? 9t 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?. K 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? 9t ❑ Butte County Department of Development Services ❑ Planning Division ❑ 10 Project:Kimberly Jensen,REZ 0 1-0 1 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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? K Response: a.1. The Seismic Safety Element indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. No impacts are 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.SeismicSafety_Element's Li quefaction Potential Map indicates that the site has a generally moderate.potential for liquefaction. 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 slight. No impact is anticipated from the . proposed Rezone. C. A potential impact is anticipated from instability and landslide due to the steepness of the cliff face on the east side of the project. There is evidence of sloughing. 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 indicates that prior to issuance of any County building permit for the property the applicant shall be required to meet the Butte County Environmental Health Department requirements for sewage disposal and drinking water provisions. Mitigation: #2 Any subdivision of this property shall conform to Butte County Environmental Health Department requirements for septic systems. This may reduce the number of building lots to less than that permitted by the zoning. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 11 Project:Kimberly Jensen,REZ 01-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Mitigation: #3 Dwellings shall be placed no closer than 30 feet to the main toe of the face of the east cliff. 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 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? 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? K 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 f) For a project within the vicinity of a ❑ Butte County Department of Development Services ❑ Planning Division ❑ 12 Project:Kimberly Jensen,RL"%01-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact private airstrip, would the project result.in a safety hazard for people residing or working in the project area? 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 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 indicates that the proposed rezone in itself does not affect Fire:Department requirements at this.time. Any resultant development of the property will require a fire hydrant system capable of producing the minimum fire flow required. A condition will be placed on the Rezone to require non-combustible material for roofing on all dwellings. Mitigation: 44 Roofing material.for all dwellings shall be of a non-combustible material. 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? X b) Substantially deplete groundwater ❑ Butte County Department of Development Services ❑ Planning Division ❑ 13 _ Project:Kimberly Jensen;REZ 0 1-0 1 Less Than . Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 riveivin a manner which would 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? 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. K f) Otherwise substantially degrade water quality? K 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 ❑ Butte County Department of Development Services ❑ Planning Division ❑ 14 Project:Kimberly Jensen:RI::Z 0 1-0 1 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact map? _ h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? 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'? K ReMonse: a. - f. No additi6nal.impact is expected in these areas. g: - I. The project is shown to be clear of the 100-year flood zone per Flood Insurance Rate Pane #06007C0575C 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? 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 ❑ Butte County Department of Development Services ❑ Planning Division ❑ 15 Project:Kimberly Jensen,REZ 0 1-0 1 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? K Response: a. The project will not physically divide an established community The property is located within the Sphere of Influence and the"Secondary Study Area" of the Town- of Paradise Urban Area. In accordance with County General Plan policy, the application was reviewed by the Town of Paradise. They note that their General Plan designates the area "Open Space/Agriculture"and therefore should:remain in-its, natural undeveloped state..-They also;recommend that the project be referred to Cal- Trans: This inconsistency alone does not present an environmental effect. Since the zonin -is,consistent with the Butte.County General Plan, the inconsistency is one of policy of the Board of Supervisors. b. The FR-20 zone is shown to be consistent with the Agricultural Residential:1 to 40 General Plan land use designation. C. The proposal will not conflict with any applicable habitat conservation plan or natural community conservation plan. Mitigation: None required. 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? K b) Result in the loss of availability of a locally-important mineral resource ❑ Butte County Department of Development Services ❑ Planning Division ❑ 16 Project:Kimberly Jensen.REZ 0 1-0 1 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact recovery site delineated on a local general plan, specific plan or other land use plan? 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.per-sons,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`? _ K s b) Exposure of persons to or generation of excessive ground borne vibration or ground borne'-noise levels: c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 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 expose people residing 0 Butte County Department of Development Services 0 Planning Division 0 17 Project:Kimberly Jensen,RE7 0 1-0 1 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact or working in the project area to excessive noise levels? �t 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? 'C Response: a. - d. This rezone project will not cause an increase in noise or expose people to severe noise levels. Mitigation: None Required. 12. POPULATI;ONAiNll'H0USING. Woulcltheproject: 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?. K 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 the actual census population was 182,000. The estimated population for January 1, 1999, the latest figures available, was 201,935. 0 Butte County Department of Development Services 0 Planning Division 0 18 Project:Kimberly Jensen.R17Z 01-01 Less Than Significant Less ` Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact The proposed rezone would not change the allowed density of parcels under the General Plan and therefore presents no impact to population and housing in the area. b. - c. The project will not displace individuals or housing. 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 new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable ser:.:.vice,ratios,...response.,:i times, or:other performance objectives:for> any of.the.public services? K b) Fire protection? K C) Police:Protection? X d) Schools? a6 e) Parks? ad f) Other-public services? — K Resgonse: b) The change in zoning from FR-40 to FR-20 will incrementally increase the potential demand for fire protection services, but will remain within fire protection capabilities. However, to insure this remains the case, a condition requiring non-combustible roofing material will be added. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 19 Project:Kimberly Jensen,REEZ 0 1-0 1 Less Than Significant Less Potentially With Than Significant Mitigation Significant o No Impact Incorporated Impact Impact f. The project was reviewed by the Airport Land Use Commission and found to be in compliance. No restrictions were placed on the project. Mitigation: #4 Roofing material for all dwellings shall be of a non-combustible material. 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 elle project i,rlclude.recreational, facilities or require the construction or expansion of recreational faciIities.which might have an.adverse physical effect on the environment? �( Response: a - b. The proposed FR-20 zone will not affect recreational services No impact shall be incurred. Mitigation: None required. 15. TRANSPORTATION/TRAFFIC. Would the prwject: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumula- ❑ Butte County Department of Development Services ❑ Planning Division ❑ 20 Project:Kimberly Jensen.RE%01-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact tively, a level of service standard established by the county congestion management 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? X 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? X f) 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. The change in zone from Foothill Recreations 40 to Foothill Recreational 20 will not appreciably alter traffic flows to or from the site. No impact shall be incurred. Mitigation: None required. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater- treatment requirements ❑ Butte County Department of Development Services ❑ Planning Division ❑ 21 F Project:Kimberly Jensen,REZ 0 1-0 1 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact of the applicable Regional Water Quality Control Board? 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? k d) Have sufficient water.supplies available to serve-the-project from existing,entitlements and resources,'or are new�or expanded entitlements needed?', :. K e) Result in.a-determination by the wastewater erea.tn-lent 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 f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? K g) Comply with federal, state, and local statutes and regulations related to solid waste? K Response: ❑ Butte County Department of Development Services ❑ Planning Division ❑ 22 r • • Project:Kimberly Jensen.REG 01-01 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. _g. The change in zone will have no appreciable affect on utilities.and service systems. Mitigation: None required. 17. MANDATORY F]NDINGS 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 eliminateimportant.examples--of the:. • . major periods of California-hist,: or prehistory? �( b) Does-the project have impacts that, are individually limited, but cumulatively conside►-able? .("Cumulatively consider-. able"'means-tllat-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)? c) .Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? K ❑ Butte County Department of Development Services ❑ Planning Division 0 23 Project:Kimberly Jensen,REZ O l-O l Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: a. thru c. The proposed rezone will not degrade the environment, have environmental effects which will cause substantial adverse effects on human beings or have cumulative impacts. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 24 0 Project:Kimberly Jensen;RGZ 0 1-0 1 Vo MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation: #1 If, during the course of construction of roads or buildings, any evidence of an archeological find is made, all construction affecting the find are to be discontinued until a final,determination is made, and plan adopted, regarding the disposition of the find. Mitigation: 42 Any subdivision .of this property shall conform to Butte County Environmental Health Department requirements for septic systems. This may reduce the number of building lots to less than that permitted by the zoning. Mitigation: #3 Dwellings shall be placed no closer than 30 feet to the main toe of the face of the east cliff. Mitigation: #4 Roofing material for all dwellings shall be of a non-combustible material. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 25 .r� �- ^A�- ..e . ' �'" '� '�A :�..m�•. !Y?� �k w...r -oM+ h..-.�w of :n.�, i• .�.* ,Z�k' `t."t�4'y' • i Project:Kimberly Jensen,REZ O1-Ol DATA SHEET A. Project Description 1. Type of Project: Rezone 2. Proposed Density of Development: Increase. 3. Amount of Impervious Surfacing: No change. 4. Access and Nearest Public Road: Clark Road 5. Method of Sewage Disposal: On-site septic system. 6. Source of Water Supply: Well. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: Possible. B. Environmental Setting 1.. Terrain. a GeneralCanyon_:. .. b. Slopes: i\4oderate with cliff face. C. Elevation: 750 to 1100 feet above sea-level. d. Limiting-Factors: Possible soil limitations for septic. e. Types and Characteristics: .None. 3. Natural Hazards of the Land- . a. Earthquake Zone: .Moderate,EarthquakeIntensity Zone VIII. b. Eros)on-Potential: Slight . C. Landslide Potential: Possible at cliff.face area. d. Fire,.Hazard: Unclassified.... e. .Expansive Soil Potential: Moderate 4. Hydrology. a. S'Urface Water: Clear-.Creek.. b. Ground Water: Available. C. Drainage Characteristics: Undefined, sheet flow. d. Annual Rainfall (normal): 24-inches per year. e. Limiting Factors: None. 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good. 8. Vegetation: Moderate underbrush and Oak Trees. 9. Wildlife Habitat: Moderate habitat value.with considerable open space use. 10. Archaeological and Historical Resources in the area: Moderate sensitivity area. 11. Butte County General Plan designation: Agricultural Residential 1 to 40. 1.2. Existing Zoning: FR-40 (Foothill Recreational, 40 acre minimum). 13. Existing Land Use on-site: Undeveloped except for new home under construction. 14. Surrounding Area: Butte County Department of Development Services 0 Planning Division ❑ 26 .w �h. :a .. atia �.r ii Project:Kimberly Jensen,KEZ 0 1-0 1 a. Land Uses: Within one-half mile of the center ofthe property only four homes and Skypark Airport at the top of the canyon and west of Clark Road. b. Zoning: Surrounded by Foothill Recreational 40 zone. C. General Plan Designation: Agricultural Residential 1 to 40. d. Parcel Sizes: 5 to 25 acres. 15. Character of Site and Area: Large lot and parcels with few homes. 16. Nearest Urban Area: Town of Paradise. 17. Relevant Spheres of Influence: Town of Paradise 18. Improvement Standards Urban Area: Butte County 19. Fire Protection Service: a. Nearest County (State)Fire Station: Paradise Fire Station#2. b. Water Availability: Fire tankers only. 20. Schools: Durham Unified School District. ENVI.RONMENTA:L-REFERENCEMATERIAL -. 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. Or(wi!!-e,,CA:s CH2M Hill,a:1.977. 3. Butte County Plil.nning:Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA C.H2M. Hill, 1977. 4. ButteCounty.PlanningDepartment. 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- CH2M Hill_).977. 6. Butte;County-Planning Department. Noise-Element-Map IV-1, Scenic Highway-El ement.-,.... . Oroville, CA: CH2M.Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH.2M.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 Map. .Oroville, CA: James P. Manning, 1953. 10. Butte County Planning.Department. School District Map. Oroville, CA. 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 Maps. Federal Emergency Management Agency. '1998, ❑ Butte County Department of Development Services ❑ Planning Division ❑ 27 v� Project:Kimberly lessen-RF.,%.01-01 14. USGS Quad Maps. 15. Soil Map, Oroville (1926) Area. United States Department of Agriculture. 16. Soil Survey of Oroville (1926) 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 ❑ 28 I z� BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Manager that a public hearing will be held on, Thursday,June 14, 2001, in the Butte County Board of Supervisors'Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: ITEM ON WHICH A NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN GIVEN 9:30 a.m. - Kimberly Jensen, Rezone from FR-40 (Foothill Recreational -40 acre parcels) to FR-20 (Foothill Recreational - 20 acre parcels) on a 209 (+/-) acre parcel. The property is designated Agricultural Residential 1 to 40 by the General Plan. The property is located approximately 1,000 feet east of Clark road (State Route 191), on Out of the Way Road, approximately 1 mile south of the Town of Paradise and one- quarter mile east of the Paradise Skypark Airport. The property is situated at the bottom of Clear Creek Canyon. Clear Creek bisects the property. APN 041-080-.049 (CD) (REZ 01-01) The above mentioned application,Initial Study,and map 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 application(s) 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. BUTTE COUNTY PLANNING COMMISSION To be published int he Paradise.Post on Thursday, May 24, 2001. i s� 1;1itte County /L447A'W1 LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES � ''�i•' <;: 7 COUNTY CENTER DRIVE OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530).538-7601 ' FAX: (530)538-7785 January 24;.2001 Ms. Kimberly Jen en 1025 Clotilde Wa Chico, CA 95926 Dear Ms. Jensen: Subject: NOTICE OF INCOMPLETE APPLICATION,Due to Comments Received From the Environmental Health Division Attached please find the comments received from the Butte County Environmental Health Division. Environmental Health indicates that, due to the steep and rocky terrain, most of the area would not qualify as usable area for on-site sewage disposal systems. Since sewer service is not provided at this location, on-site disposal of sewage would be required for the 10 parcels allowed under the proposed FR-20 zone. Environmental Health's findings do not support the use of on-site sewage disposal on this property. Prior to approving a rezone,the General Plan requires that staff determine that the land is capable of supporting the uses allowed under the proposed zoning. At this time, the Environmental Health Division's findings do not support the reduction in parcel size as proposed. J I recommend that;you contact Environmental Health Supervisor Mike Huerta directly at 891-2727 to discuss their findings, and to determine what additional information is necessary to support the reduced parcel sizes proposed. I have also included copies of other responses received during the review process. If you should have any questions please do not hesitate to contact me at 530-538-7629. Sin , Gls Daniel C. Breedon Senior Planner cc: Ron Graves Mike Huerta BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Kimberly Jensen,REZ 01-01 DATE: January 19,2001 CONTACT PERSON:Dan Breedon 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 FR-40(Foothill Recreational-40 acrean rcels)to FR-20(Foothill Recreational- 20 acre parcels)on a 209(+/-)acre parcel. The property is designated Agricultural Residential by the General Plan. The project resides with in the Town of Paradise Sphere of Influence,the Paradise Urban Reserve, as designated by the Butte County General Plan, and the area of influence for the Paradise Skypark Airport on property zoned FR-40 (Foothill Recreational-40 acrearp cels)located at approximately 1,000 feet east of Clark road(State Route 191),on Out of the Way oad annro imately 1 mile south of the Town of Paradise and one-quarter mile east of the Paradise Skypark Airport., identified as APN 041-080-049. Supervisorial District No.-4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON May 10,2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN _February 2, 2001. 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): FE TTE COUNTY PLP`!N{N6 P .bIUN By: �EDate: 7 County Center Drive -Oroville,California 95965 - 530-538-7601 -FAX 530-538-7785 N 1 9 2001 COUNTY OF BUTTE LAND DEVELOPMENT DIV I� I Ilu hi . a Envlr6ftental Health E/►y� FLAN alfh 2 Z � �� BUTTE COUNTY SAN e DEPARTMENT OF DEVELOPMENT SERVICES 1��i06 CA PLANNING DIVISION 7000p ,pQl 8' 8unve TO: Environmental Health c FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Kimberly Jensen,_REZ-0-1-0.1,� DATE: January 19,2001 O TACT-PERSON:Dan Breedon 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 FR-40(Foothill Recreational-40 acrean rcels)to FR-20(Foothill Recreational- 20 acrean rcels)on a 209•(±=)-acre-parcel. The property is designo I Residential by the General Plan. The pr ject r sides with in the Town of Paradise Sphere of Influence,the Paradise Urban Reserve,as designated by the Butte Co m General Plan a d-the area of-influencJ ce for th`e. Paradise Sk)mark Aimort on property zoned FR-40 (Foothill Recreational-40 acre parcels)located at approximately 1,000 feet east of Clark road(State Route 191 ,on-Out.of_the Wav Road, approximately 1 mile south of the Town of Paradise and one-quarter mile east of the Paradise-Sky ark Amort. identified as APN 041-080-049. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON May 10,2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 2, 2001 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): 2 I UJ q n BUTTE COUNTY PLANNING DIVISION By: ((/ Date: t 7 County Center Drive -Oroville,California 95965 - 530-538-7601 -FAX 530-538-7785 b.'1111rtl►�;' i�iAi21U�� � 9!i!Lf CCttlb;}4 le a s ♦ a s e INTER-DEPARTMENTAL MEMORANDUM BUTTE COUNTY TO: Development Services, Planning Division FROM: Michael Huerta ;ff' Supervisor, Environmental Health ala 7 SUBJECT: Request for Comments on a Development $ 9� Application DATE: February 2 , 2001 ----------------------------------------------------------------- ----------------------------------------------------------------- APPLICANT: Kimberly Jensen DATE : January 19, 2001 AGENT: Ron Graves & Assoc . APN: 041 - 008 - 049 PROJECT DESCRIPTION: Rezone 209 Ac from FR-40 to FR-20 COMMENTS: This property, although close to Paradise, is fairly difficult to access . Due to the steepness and poor quality of the road, not all of the project was accessible to field staff. However, staff did indicate that most of the area would be considered too steep and rocky to qualify as usable area for septic systems. And while there is some less sloped area down by the river bottom, this soil would need to be tested for depth, ground water, and possibly even perc 'd. Also there is little knowledge regarding the availability of water in this area (wells) . In summary, an overt visual survey of area has revealed that much of the -area would not qualify as usable for sewage disposal and water availability is unknown. MH//land/commentf (� (� 2 BUTTE COUNTY D E C E D uM E DEPARTMENT OF DEVELOPMENT SERVICE PLANNING DIVISION Ji a , J TO: California Department of Forestry IW FROM: Butte County Planning Division BUTTE COUNTY RE: Request for Comments on a Development Application: Kimberly Jensen, 01-01 PLANNING DIVISION DATE: January 19,2001 CONTACT PERSON: Dan Breedon 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 FR-40(Foothill Recreational-40 acrean rcels)to FR-20(Foothill Recreational- 20 acre 12a-rcels)on a 209( /h acre parcel. The property is designated Agricultural Residential by the General Plan. The p_roJect resides with in the Town of Paradise Sphere of Influence the Paradise Urban Reserve,asdesignated by the Butte Colin Seneral Plan, and the area of influence for the Paradise Skypark Aimort on property zoned FR-40 (Foothill Recreational -40 acre parcels)located at approximately 1,000 feet east of Clark road(State Route 191),on Out of the Way Road. approximately 1 mile south of the Town of Paradise and one-quarter mile east of the Paradise Sk aye rk Ailport., identified as APN 041-080-049. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON May 10, 2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 2, 2001. If no comments or communications are received by the above state, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): This individual rezone has no ifnpaCt lr the aCCumula 9be &-j' c j s�:�onint'.i ati ca.g:. developments is increased demond for and higher costs to Toe on: By: Date: r 7 Counry Center Drive Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 J 3 tf bf b�fal;btC i7i/�121G�Ui !3 UL C3flOiA m K • 1 L: u IU , BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION T0WN OF PAk .AQiSE CQiv?tvlUtvlT`/ TO: Town of Paradise Planning DEVELOPI';1'ENT DEPT. FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Kimberly Jensen,REZ 01-01 DATE: January 19,2001 CONTACT PERSON: Dan Breedon 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 FR-40(Foothill Recreational-40 acrean rcels)to FR-20(Foothill Recreational - 20 acrean rcels)on a 209(+/-)acre parcel. The}roe} a is designated gricultural Residential by the General Plan. The project resides with in the Town of Paradise Sphere of Influence,the Paradise Urban Reserve„as designated ted by the Butte County General Plan, and the area of influence for the Paradise Skypark Airport on property zoned FR-40 (Foothill Recreational-40 acrean rcels)located at approximately 1,000 feet east of Clark road(State Route 191),on Out of the War Road, approximately 1 mile south of the Town of Paradise and one-quarter mile east of the Paradise Sky ark Airport, identified as APN 041-080-049. Supervisorial District No.-4.. 0 U^„ nn E C E THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFO E( c d2to 2M] _X_PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE )2001. i COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN 8 T 0 r communications are received by the above date, the assumption will be made that you agency IPMAOMf11MON COMMENTS(Attach additional pages if necessary)`: et* s,�e. ;S /a t a w ; i n/ -J-h e, 5 e-,,,v 4,;l 5*, Z A(`f.A- O i� T 7*he. rk �t3e. 6-e4.LPrh1, P/6 ti d. i� LOCI P� W;'f'ki N w I?krtI 5e C.e-te-y ?& N e3�`<N� }-e.� �� D,>eN 5011,ce- Rar,t�. G ra.G " 4cnl csQ. jj&r— . Tti i esr<H4.4-I�AJ 211 rov�des A2, �re4s '�0 t^ew�k�.q int %��tCir NG`I�rYcL �r�w�cv�ly \\ vN�ev�len S�4�e yr �` ,V;G� Dicf,)ase-s. . f'l J L'f- 1`3 rt 4,0ytiy�ae:+C L°d 7%_ �'ht� 14 -Ae 5e, 6a.2*- *a Cr,.l3 fyr IiL✓,`ems Q•c� C0"v►te..c`f. By: Date: ti n cry r• sZ rOOw„t ,/10f ?tir-S sue. �QMlwtkryi/'y Deve-�dI)+o-(.Kft �)IreGor 7 County Center Drive -Oroville,California 95965 - 530-538-7601 -FAX 530-538-7785 �_..... �rt.t,��c�r�vti,� I r a - LAM BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES JAIL Z 3 7001 PLANNING DIVISION TO: LAFCo FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Kimberly Jensen,REZ 01-01 DATE: January 19,2001 CONTACT PERSON: Dan Breedon 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 FR-40(Foothill Recreational-40 acrean reek)to FR-20(Foothill Recreational- 20 acre ar els)on a 209(+/-)acre parcel. The property is designated Agricultural Residential by the General Plan. The eject resides with in the Town of Paradise Sphere of Influence,the Paradise Urban Reserve,as designated by the Butte County General Plan, and the area of influence for the Paradise Skypark Aimort on property zoned _FR-40 (Foothill Recreational-40 acrean reels)located at approximately 1,000 feet east of Clark road(State Route 191),on Out of the Way Road, appLoximately 1 mile south of the Town of Paradise and one-quarter mile east of the Paradise Sk a�rk Airport., identified as APN 041-080=049. Supervisorial District No.A. 0170 00 THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON May 10,2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 2, 2001. 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): 1. Bid' lP• MgEftUifoCbeffelddeifenca, n ­7 3. Dy4a,, Un;Ged S.11J 2"on car. erre 4L.* '�• putft ��1Lcr_ i nn}�I:.. .�.,Fu✓ Lt r .,Ac�C� 6F ��t �r�r�,. aF S. CSA (44 IrQnii-.w� lo.ttre� ) PG✓G�ISC. tAN 0 6 2001 By: C G. Lc I Bl1TTF COUVTbate: f Ar L. PLANN DIVISION 7 County Center Drive -Oroville,California 95965 - 530-538-7601 -FAX 530-538-7785 yT 4 ^ 1 Wa��w••IA"u.a•9i��'WwY1MNMV'�!Y�.�wwuuliww'�fi�w•+��wuwn�IVF9 Yr County ,KR,,_u , u. a,- � _ LAND OF NATURAL WEALTH AND BEAUTY - .+ems ' t FlJ, MOM PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 January 24,'2001 Mr. Kimberly Jensen 1025 Clotilde Way Chico, CA 95926 Dear Mr Jensen: Subject: NOTICE OF INCOMPLETE APPLICATION, Due to Comments Received From the Airport Land Use Commission Attached please find the comments received from the Butte County Airport Land Use Commission (ALUC). This project is located within the area of influence of the Paradise Skypark Airport. ALUC staff indicate that the project is consistent with the Paradise Airport Comprehensive Land Use Plan. However,. their staff indicates that the project must be formally reviewed by ALUC at a public hearing. This project will remain on incomplete status until Planning Division staff obtains formal clearance for the project from ALUC. I recommend that you contact Senior Planner Craig Sanders of.ALUC staff at 538-7601 to discuss the attached comments and the required hearing. If you should have,any questions please do not hesitate to contact me at 530-538-7629. S ere aniel C. Breedon Senior Planner CC' Run Graves Craig Sanders BUTTE COUNTY �-- DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 1 � TO: ALUC FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Kimberly Jensen,REZ 01-01 DATE: January 19,2001 CONTACT PERSON:Dan Breedon 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 FR-40(Foothill Recreational-40 acreap rce1s.)to FR-20(Foothill Recreational- 20 acrean rcels)on a 209(+/-)acre parcel. The.pert;is designated Agricultural Residential by the General Plan. The project resides with in the Town of Paradise Sphere of Influence,the Paradise Urban Reserve,as designated by the Butte County General Plan, and the area of influence for the Paradise Sky ark Airport on property zoned FR-40 (Foothill Recreational-40 acrean rcels)located at approximately 1,000 feet east of Clark road(State Route 191),on Out of the Way Road approximately 1 mile south of the Town of Paradise and one-quarter mile east of the Paradise Sky ark Airport., identified as APN 041-080-049. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON May 10,2001. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 2, 2001. 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): MP-0-562D 2-P,20-v 15 •a R P—uSLtc. IZF_St x4i c" Ck2or- SEc-no&u ZI(a7L 12katioLkS, ALUL 121;..iFAAJ.eF ��f prt,o�ecc�. By: Date: 7 County Center Drive -Oroville,California 95965 - 530-538-7601 -FAX 530-538-7785 1 — -- --- FR-40 214, 1 R- , ect Site --- A ,* s . v i , 1 + —1 1 I � kt „ S- t` r �� tib' fir• � r 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 Feet — BUTTE COUNTY PLANNING COMMISSION Applicant: Kimberly Jensen Owner: Same Hearing Date: Fx1sting Zone: FR-40(Foothill Recreational,40 acres) Supervisorial Request:Rezone to FR-20(20 acre parcels)on a 209 acre parcel. District#4 Assessor Parcel No: 41-080-049 Ft1e:REZ 01-01 i Kimberly Jensen REZ 01-01 AP 41-08-049 0 b a� a� C C EMailing List Distribution � �►\�Illl��i::�rsI� moves 1 01 IN 'ONE - ,�...r.`,"�59�^-.�?.�;.��".,�y��1_",X,..'i�°���Ffi��tix'�:;t%.'�; �`ax' .'?a `_ ��$�' ,�:�'<:y"Ri�S., • .4�.^`,�.%.�rv���'.",.��' 'r'��,� `+.':.rt, "� '�� ",e'Y:,,e�`��.•,•'�':Ci�'<`.�Cav��7"9c,,". /5� �� '�`'.�[d...n�US �M . $�%out milli q L ■■ a'�ur'� r sy' ..,x` F� �e '` �? q'a�. "k1t4Fr� ",ny !; �i�'" r , ,m� .. .�� dF`k�w. `Fa., �` °'�'d,.[7:F�'a.v.'�,c�e5,"/�, � ,,k.J�,.grurotR.J .. '�'i �`��t.'•K .`v"":f'.^d�d '`' 'P..v^: (y�,�, R}`C �¢. ��:;`` o.F.'��'c�'�&'.'• � � �^1 t.'fin" . ,h.. � \. :� :'y al� ? m�nr�. � i'K3U,1'}^ d q,L�"�,4��� Ci''�k•�'��'�c?r'„"�;'ayp 'a�,v Jh' vq r�e'�..r�' � "1r:�}��.w'v.•. 9�Y£p`��w'',. I 1 ■■ ���1111 �■■� � X11 i ■ BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Kimberly Jensen,REZ 01-01 DATE: January 19,2001 CONTACT PERSON:Dan Breedon 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 FR-40(Foothill Recreational-40 acre parcels)to FR-20(Foothill Recreational- 20 acrean rcelt)on a 209(+/)acre parcel. The proneM is designated Agricultural Residential by the General Plan. The project resides with in the Town of Paradise Sphere of Influence,the Paradise Urban Reserve,as designated by the Butte County General Plan, and the area of influence for the Paradise Skypark Airport on property zoned FR-40 (Foothill Recreational-40 acream cels)located at approximately 1,000 feet east of Clark road(State Route 191),on Out of the Way Road, approximately1 mile south of the Town of Paradise and one-quarter mile east of the Paradise Skypark Airport., identified as APN 041-080-049. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON May 10,2001. COMMENTS, 1F ANY, ARE REQUESTED BY NO LATER THAN February 2, 2001. 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 LEAD IN SHEET FILE NO: Rez 01-01 AP#041-080-049 APPLICANT: FIELD applicant . FIELD address; FIELD Icity,state,zi12 OWNER: FIELD;owned. FIELD owner address) I REPRESENTATIVE: FIELD IengineerFIELD Ieng address, FIELD(en citX, state, zippy' REQUEST: The applicant requests a rezone from FR-40 (Fpothill Recreational, 40 acre parcels) to FR-20(Foothil Recreational, 20 acre parcels) on a 209 (+/-) acre parcel. The property is designated Agricultural Residential by the General Plan. The project resides within the Town of Paradise Sphere of Influence, the Paradise Urban Reserve, as designated by the Butte County General Plan, and the area of influence for the Paradise Skypark Airport. r� SIZE: i LOCATION: The property is located approximately 1000 feet east of Clark Road (State Route j 191), on Out of the Way Road, approximately 1 mile south of the City of Paradise and one- quarter mile east of the Paradise Skypark Airport. SUPERVISORAL DISTRICT # FIELD esu ervisorial district' EXISTING ZONING: FIELD Izonind ZONING HISTORY: I SURROUNDING ZONING: ---`K\MWECTS\REZ\JENSEN.WPD I COMMENT DISTRIBUTION LIST APPLICATION: DATE: County Offices and Cities: _ Chief Administrative Officer _ Develop.Services Director Public Works Director Environmental Health Health _ _ Assessor _ Building Manager Sheriff _ BCAG ALUC _ LAFCo Air Quality Mgmt. _ Butte Co.Farm Bureau ;eBiggs; _ Gridley _ Chico Oroville = Paradise Chico Airport Commission Animal Control 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 _ -Cali fornia Water Service Co. _ Del Oro Water Co. OWID _ Thertnalito Irrigation.District _ Other Sewer _ Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision(CSA 21) _ L.O.A.PUD Fire Protection –1 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 Co 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 Y � r , ' ,` � 55 2 41-08 s5-z T.21 N. R.3E. M.D.B.&M. 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N 1 19.50 AC 47ro 0 49 903.05 1236.01 "' t t 1 27 co 20.01 AC -20.01 AC o v 42 6.50 AC 13 AC 43 n 12.10 AC 1 � 16 �* 93.13 ACt a 116 10 ACt 16.82 AC 134 N 3.27 AC 25.93 o ff 47 c° 73.00 AC 67.55 ACt M �� 23 r 115 10 ACt 138 6'� 12'18 O AC AC 137 1 AC70 o O 18 PM 132-63 m 0 40.00 AC tso tas ��� 80.00 AC 37 20.00 5.61 - RS 5%-31 S --AE--A- 1AW ---- AC v'a 1320.00 tt Q r�i R tJiN. RD. MM Thm pwc is wt for ass ss r+s pta�oses Awessor'a Nap, No. 41-08 F40 2 4 3 ady wW Acy not c�nsttara 1.901 porins F11 County •of Butte, Calif. 43 4 O {. /2 +ti r- a 4a e i xta r �^n+kY•n�^£a GA C�£�i8 � J r+{fin:p++,nb 1+/:+�:+i+v+in=6N 6K 4n•6+{6 ryK r,.+ClrK b•.:•'4K a+<4+{.r'q 8nft.+{, y.pr(p;p-px,0+[y •4K 6'�;0+'�4n:• j i +{b.�+b''C ry+.•6+�1+�8 i�{Oh p+G.jn•6+S pK. +`j•�:lS•Kj,�++0's++'i+f+6�•S,n��nh,�{i .. .� S uSh'a;,.'.bx yh.'>k S.'gyp Sk ry•{h-F � : 6K �k� e•£.6 :i� / •p+~+ai e A Ii1�11111ER���' �H r v;, r TAM MAIMMood A VA v+ilia {.f b 111 / 111 111 111 111 111 .111 111 :111 '111 1111 111 111 111 BUTTE COUNTY PLANNING / I I Applicant: Kimberly1 111.- Hearing 1 1- 14,2000 i ' f am.Request:Rezone to FR-20(20 acre parcels)on a 209 acre parcel. 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I nn1_�dj. \ , I ." - . -- '. �• - Vi - 4 f f ! 11 L ," _ �J�'P/.�v'C i '' rill, .i,•+ ynr�,,rt ' C:�" �€ 1' ' --' 11 ,� i , AQ�01�c, xA -9e; F ' ,. , . ' I r J<.J C, A, �c,�M-r-r+pNf : - e0 F- f �. c=F- C-C.-r�"0^./ Z T: .,_ y� . �,r ; -1' 7 1! / ' �4'v o A I-s Q .4 'P'c�JZ-7"/C� cO . r �e P. -&. T-r I} - . - ¢= - � ' I; 1 I 1�7 :: ---11 I i a '� -Y l I w j ,- 1. sI j � - r l rI THIEL Er LIPPINCOT-t GARY T. LiPPINC lf' LS 2700 LS 3f;.�34 -.1 ea' i ` '' '� LICENSED LAND SURVEYC}fS IIS Q I �': 10{37 BELL£.ROAD . V: x t ` P. 0. SOX 67i P.A )3ES • f�tA 9 1 '+ ETH. (916) 877`43elOr Q . . ! '" S. CoCor Sec 2 ?°�-'"1. - �En� c3.�rd , . d r rL' L.,, c re.. . m ""' . t .?fir - -, _. m _ - 4.., W#o7if :. _v w i ' + lzv A6 a "�' _ t ! , It "".;M . t , 'q re-h',madamr� '-nosh. • urs= / ' I --\ --- 49I a t ' ..____ i I r �E ;: F � Q �`` CAOTUJ r, L100' E-LEVA'Ti ire 0 FR 40 38 3a F R 0 �, �'� �' 9 3 35 R s 89'23'3 ' w R SECTION s 774.87 �? Q CORNER 0 42.06' 289.79 " 85'47'44" ° 3. 2384t _ tea ur I4�1 4 Q' fi o � . __ _.__ SCALE: 1500 � , SECTION 2 CORNER � Voo, frd 44 $3 ..t CORNER 4 of 4.t PA. t ]`� - - ^^^ iRA tif7t'( l 77 o o: AC2Q �n65 SI�'�,` drs o. RES f 0 f N ,d (l �� LOCATION MAP NOT TO SCALE -� , FR 0 FR 40 FR 40 mss. 1 R P SE AR I AR ©©s f /4 OWNER/ RICK SCOTT k CENTER �� �,.. 1025 CLOTILDE WAY 1/4 ;` CORNER APPLICANT: 1I4 CHICQ, CA. 95926 CORNER CORNER �..., � _ �. I 369.57". d a o r s oQ' 1 18' GP: A.F. UR I' 880.00 2158" 8' 9.42' 8" o PRESENT ZONING: FR 40 . 330.0 j N 58'37'0 W i PROPOSED ZONING: FR 20 of ys� O )4f AP#: 041--005-049 I JAN 10 2001 FR 40 �' BUTTE COUNTY b0 AR PLANNING DIVISION i rn 165.00' "RUE27ZONE MAF t c7i SECTION o a' 363.00' 3 } 2 CORNER cn 220 fl' SECTION FOR f CORNER 2 1 RICK SCOTT & KIMBERLY JENSEN ' A PORTION OF SECTION 2 T. 21 N. , R. 3 E. , M.D M. I N TH E 583�2 11 s aa•� 112' "10 UNINCORPORATED AREA OF � I 1/4 � 11 12 BUTTE COUNTY, CALIFORNIA 100 CORNER . I AR C4I1 rave � Gl'NEERS nay �y I LAND & assoc associates i SURVEYORS ± I Ph. 530 534 -9. P.0. BOX 986 OROVILLE; CAL. 95965 87 RAR 00-0790 i