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HomeMy WebLinkAboutREZ 93-16_PLANNING SEPARATOR SHEET PROJECT NUMBERQ. EZ G3- lb � _T SUMMARY SHEET 93-16 - Permit No. Jie'No. - ANTHONY M. GEORGE Applicant Representative ADDRESS: 1925 NORD AVE. CHICO,CA 95926 PHONE: 91 --345-0887 Property Owner, Address PROJECT DESCRIPTION: REZONE , e errTr_r F F _MTTy 9cT� LOCATED ON THE SOUTHERLY SIDE OF NORD AVE. APPROX 440FT, NORTHERLY OF OAK WAY, CHICO, CA n located identified as AP 042-140-114 town/area CHICO General Plan Designation Map # DATE Pre-App Fee Paid: $ Receipt No.: — Application Accepted: AN— Final App. Paid: $ .a Receipt No.: i Rezoning Petition signatures checked Percentage % Mailing List Prepared Notices Mailed Number: �� News: Public: ._ Legal Description prepared Publication Notice Written Display Ad Prepared Newspaper Publication O C P G B R Date of Pub.: Initial Study Prepared Q Environmental Determination: i% Categorieat Exemption Nagative Declaration Mitigated Negative Declaration Environmental Impact Report Other State Clearinghouse Number: I Applicant/Representative Notification of Environmental Determination Planning Commission Hearing(s). 3' 01�–�3 i IV J / 0 Board of Supervisors' Hearing(s): Resolution Number (GPAs) Adopted: Ordinance Number Adopted: i R 93-155 Public hearing - Anthony M. George - consideration of a rezone (item determined to be general rule exempt from - - environmental review) to modify a conditional C-1 zone located on the southerly side of Nord Avenue approximately 440 feet northerly of Oak Way, AP 042-140- 114, Chico area. (2040) MOTION: I MOVE TO A. FIND THAT THE PROJECT IS NOT SUBJECT TO ENVIRONMENTAL REVIEW UNDER CEQA AS PER THE GENERAL RULE EXEMPTION; B. FIND THAT THE PROPOSED AMENDMENT TO THE C-1 ZONE IS CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN BECAUSE THE CONDITIONS ASSOCIATED WITH THE REZONE WERE INTENDED TO APPLY TO COMMERCIAL DEVELOPMENT; AND C. ADOPT RESOLUTION 93-56 APPROVING THE PROPOSED AMENDMENT TO ADD A CONDITION TO THE CONDITIONAL ZONING AGREEMENT ENTERED INTO FEBRUARY 27, 1990 AS FOLLOWS: 10. "THE ABOVE CONDITIONS SHALL APPLY TO THE COMMERCIAL DEVELOPMENT, ' THE CONVERSION- OF A RESIDENCE TO COMMERCIAL USES, OR THE CONSTRUCTION OF MORE THAN A SINGLE FAMILY HOME ON A SINGLE PARCEL. " M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y i(Unanimously Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - April 27 , 1993 PROJECT NAME SUGH ANTHONY M. GEORGE SCH # AP # 040-140-114 FILE # 93-16 30 Day Review Period Ends SCH Review. Period. Ends OUT-GOING ACTIVITY Date Action e Cc PROJECT NAME enr� 0mg(AB 93 ia SCH # AP # AP 042-140-114 FILE # 93-16 30 Day Review Period Ends SCH Review Period Ends CORRESPONDENCE/ COMENTS RECEIVED Date Agency/Person I I ii � 1 1 I _ Anthony M. George - .(Item determined to be a General Rule Exemption from environmental review) Rezone to modify a conditional C-1 zone located on the southerly side of Nord Avenue, approximately 440 feet northerly of Oak Way, identified as AP 042-140-114, Chico. (CBS) (File 93-16) I The Commission waived the reading of the Staff Findings. Commissioner Nelson asked who is responsible for the improvements on Nord Avenue if this condition is changed? He said the subdivision down the street was required 'to install curb, gutters, and sidewalks. I Staff said the applicant is requesting relief from the off-site improvements because this is going to be a residential use. Staff said residential uses do not typically require off- site improvements. I i Commissioner Nelson said he was concerned that if other developers are required to do the off-site improvements and this property is not, there will be a gap in the road for the school children to deal with. 'I 1 Staff said the existing residential lots in the area would not be required to put in improvements. Staff said the improvements would be piked up if the land was put into commercial use. Commissioner Lambert said the access to this property will be off of Oak Way and the C-1 zone allows residential development. Staff said this is correct. Commissioner Lambert said the applicant asked for the rezone to C-1 because he wanted the advantages of commercial, but now he wants to remove the condition to use the property for residential use. Staff said the condition was to mitigate the impacts that would occur when the property converted to commercial use. The hearing was opened to the public. Tony George said his mother was the original property owner. He said when the C-1 zone was put in his mother wanted to sell the property for commercial use. He said his mother was unable to sell the property and last year deeded the property to him. He said his brother is putting in 9 single family homes adjacent to this property. He said he can not afford to build a house and pay for the off-site improvements. 'He said the' only access proposed is from Roseleaf Court. He said he plans to fence the property along Nord Avenue and plant Oleanders. Chairman Lynch asked how close the property is to the nearest curb, gutter, and sidewalk? BUTTE COUNTY PLANNING COMMISSION MINUTES - March 25 ,. 1993 1 f � � 1 1 S 1 Mr. George said to the south the improvements are approximately 1/4 of a mile away. He said he did not know how far the development was from this property. Commissioner Lambert asked if the parcel was adjacent to the existing home? Mr. George said the existing house is his mother's. He said he wants to build a home on this 1 acre. Commissioner Sessions asked about the other proposed homes in the area? He said there are plans for 9 other homes to be developed on Roseleaf Court. Commissioner Lambert asked if changing the condition would remove it from the whole C-1 area or just this parcel? r Mr. George said the 9 homes being developed are on SR zoned property and would not be affected. Staff said the condition was placed on the C-1 zoned property. i Mr. George said that Roseleaf Court will come in from Oak Way. Staff said that the original rezone was just for C-1 along the property fronting on Nord Avenue. j Commissioner Lambert said Mr. George has answered her concerns. Commissioner Ferguson noted the letter from the school district requesting development fees. He said according to the letter the school district 'is opposed to granting this request to rezone unless the impact on the school is fully mitigated. Staff said the school district always request full mitigation. Staff said on advice from County Counsel, the fees that are established by the State and collected at the time of building permits, addresses the school's concerns. Mr. George said he is willing to pay school fees if necessary. Staff said the fees in existence now were established by legislation on a square foot basis. Staff said these fees are taken care of at the time of issuance of Building Permits. Mr. George said with access off of Oak Way and Roseleaf Court, he did notywant to put in improvements along Nord Avenue. The hearing was closed. { Commissioner Nelson asked if there were any comments from the school district regarding the sidewalk? Staff said no. BUTTE COUNTY PLANNING COMMISSION MINUTES - March 25 , 1993 i Commissioner Nelson said he was concerned with the proximity of the school. He said development in the past has been required to put in sidewalks and other improvements He wanted to know that the gap would be filled in further down the road. Chairman Lynch suggested a condition that the development of the curb, gutter, and, sidewalk shall be done at such time as the neighboring property is required to put in the same improvements. He noted that it is cheaper to improve a larger area. Commissioner. Nelson said he would not mind a pro rata share to be paid fort improvements in the future. Commissioner Sessions discussed the possibility' of a special assessment district in the future to help pay for improvements. Chairman Lynch discussed a condition regarding the access to Nord Avenue. Staff said Caltrans agreed to 1 access to Nord Avenue and to limit the property to 1', encroachment when the property develops commercial. Staff said there could be a condition to impose the improvements at the time the adjacent property develops. Staff said they would like a specific time frame put on the condition. Commissioner Nelson said he was concerned that 5 or 11) years from now the area will develop and the other property will put in curb, gutters, and sidewalks and that there will be a gap of no improvements in front of this property. He said this was a great concern, because of the school. Commissioner Ferguson pointed out that the applicant is not going to have access off ,.of the highway and this is a great expense for him. Commissioner Nelson said there will still be a gap in the improvements and it will be dangerous to children using the road to get to school. He said maybe staff and the applicant could work of a condition for a reasonable solution to the off-site, improvements. Commissioner Ferguson said he would not object to fees being paid to a special assessment district for a highway fund. Staff asked the Commission to consider an approach other than "a reasonable solution". Commissioner Ferguson suggested a stipulation that when adjacent property develops this property would put in improvements at the same time. Commissioner Lambert said the way Condition 4 reads, when the use of the property is converted to commercial, then curbs, gutters, and sidewalks would be required. Chairman Lynch suggested modifying Condition 4 to add "the conversion of the existing and proposed residential property to commercial..." BUTTE COUNTY PLANNING COMMISSION MINUTES - March 25 , 199 I V :. Commissioner Nelson discussed requiring the applicant to pay a pro rata share to be put into a fund for the future installation of the improvements. Chairman Lynch asked staff to get a cost estimate for the applicant on the frontage improvements based on a 1000 ft. strip. I Staff said they can bring back a cost per foot. Commissioner Nelson said he would like to move this application forward today. Staff suggested a condition to contribute a pro rata share for off-site improvements, curb, gutter, and sidewalk and 1/2 street section based on 1000 ft. of frontage. The hearing was re-opened. Mr. George said he was not opposed to curbs, gutters, and sidewalks, but he can not financially do it at this time. He said he was willing to pay his fair share. Chairman Lynch asked is a payment schedule could be negotiated between the applicant and the County. i Staff said the County is not in a position to take payments. The hearing was closed. Chairman Lynch discussed a condition for paying a pro rata share based on 1000 ft., for so much a linear foot. Commissioner Lambert said she and staff recommend the condition say "For residential development, contribute a pro rata share calculated per 1000 ft of frontage for off-site improvement of curbs, gutters, sidewalks, and drainage." Staff said the pro rata share would be based on today's costs. Chairman Lynch said that a pro rata share based on 1000 ft. will be cheaper than building improvements for 100 ft. of frontage. Commissioner Ferguson said Condition 4 now states for any type of development, the improvements are required. He said this additional condition will not change what is now required. Staff said contributions are achieved at the building permit level before the permits are signed off. Staff said they will have the calculation based on 1000 ft. for the Board hearing. _ Commissioner Ferguson said it was not clear what the pro rata share covers. "BUTTE COUNTY PLANNING COMMISSION MINUTES - March 25 , 1993 I - Chairman Lynch said the pro rata cost would be for curb gutter, sidewalk and drainage. It was moved by Commissioner Lambert, seconded by Chairman Lynch, and carried to recommend approval as follows: A. Find that the project is not subject to environmental review under CEQA as per the general rule exemption; and B. Find that the proposed amendment to the C-1 zone is consistent with the Butte County General Plan because of proposed residential development; and I C. Recommend that the Board of Supervisors adopt a Resolution approving the proposed amendment of the conditional zoning agreement entered into on February 27, 1990, by adding a new Condition 5 as follows: 5. For Residential development, contribute a pro rata share calculated per 1000 ft. of frontage for off-site improvements of curbs, gutters, sidewalks, and drainage. AYES: Commissioners Sessions, Nelson, Lambert, and Chairman Lynch. NOES: Commissioner Ferguson ABSENT: No one ABSTAINED: No one - -- — -- I r BUTTE COUNTY PLANNING COMMISSION MINUTES - March 25 , 1993 I I I � �` s N J l FILE NO.: 93-16 BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS - March 1, 1993 APPLICANT: Anthony George OWNER: Same REQUEST: Rezone to modify a conditional C-1 zone AP NO.: 042-140-114 SIZE: 1.06 acres LOCATION: Located on the southwest side of Nord Ave. (Hwy. 32), approximately 440' northerly of Oak WY hi Way., Chico EXISTING ZONING: C-1 ZONING HISTORY: Zoned C-1 with conditions by Ord. 2618 on Sept. 1, 1987. The conditions of the zone were later amended by Res.90-18 on Jan. 23, 1990 SURROUNDING ZONING: C-2, SR, A-10, and M-2 SURROUNDING LAND USE: Vacant to the west, residential to the east and south, agricultural to the north GENERAL PLAN DESIGNATION: Commercial APPLICABLE REGULATIONS: Butte County Code Sections 24-26 through 24- 29 1 BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS - February 24, 1993 COMMENTS RECEIVED: Environmental Health - 1. Provide sewage disposal by connection to the City of Chico sewer system if available. 2. Provide connection to California Water Service water system if available. Fire Dept. - No Fire Dept. objections Chico Unified School Dist. - See attached letter. Public Works - No comments. ANALYSIS: This is a request to modify the conditions of a conditional zoning agreement that was originally executed on Sept. 1, 1987 by Resolution 87-235 in conjunction with the rezoning of AP 042-140-114 from SR to C-1. The property owner plans to construct a single family dwelling on the parcel with access from a new street that intersects with Oak Way and has found the conditions of the zone prohibitive when applied to a single family residential use. The original agreement listed the following conditions that applied to the development of the property: 1. Owner to sign an agreement to participate in a drainage assessment district when and if the local agency establishes said district in the future and meet the requirements of the Nitrate Action Plan. 2. Any new development or conversion of the existing single family residence to be served by Cal Water. 3. Both parcels to be limited to one common driveway access easement from Hwy. 32 at the common property line, when developed with commercial uses. 4. Install curb, gutter, sidewalk, and drainage upon conversion of the existing single family structure or development of AP 042-140-114. 5. Construct two way left turn lane with standard tapers to Department of California transportation requirements. 6. Contribute a pro rata share, as determined by CDF, for commercial zoning to the cost of the new west side fire station fund. 7. Owner to sign a covenant running with the land that noise mitigation devices including an 8 foot masonry sound wall will be installed as necessary so that 2 BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS - February 24, 1993 the development and operation of commercial uses will not generate more than 60 dB at the northwest and southwest property lines. 8. All structures shall be located a minimum of 25 feet from the southwest right- of-way of Hwy 32. 9. Exterior lighting shall be shielded from Hwy 32. Condition 2 was later amended by a rezone application in 1990 to read as follows: 2. If and when Cal Water comes within 300 feet of the frontage of the property, the property will be required to connect to Cal Water. These conditions were adopted because of the impacts associated with changing the zoning from SR to C-1 with the anticipation of commercial development. These conditions should not apply to the development of the property with a single family residence as was allowed by the prior zone. This is made evident by the initial study that was prepared for the rezone which clearly discussed the impacts of commercial development. This intent can also be seen in some of the conditions which are specifically tied to commercial improvements. However, because not all the conditions are explicit as to when they are to be implemented, this application was required. The applicant is specifically looking for relief from condition 4, frontage improvements on Hwy 32, especially since he does not intend to access the property from this road. It is recommended that one more condition be added to this zoning which states: "The above conditions shall apply to the commercial development or conversion of a residence to commercial uses." This project can be found exempt from CEQA under the general rule exemption under section 15061 (3), which states: "CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." RECOMMENDATIONS: A. Find that the project is not subject to environmental review under CEQA as per the general rule exemption; and 3 BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS - February 24, 1993 B. Find that the proposed amendment to the C-1 zone is consistent with the Butte County General Plan because, ; and C. Recommend that the Board of Supervisors adopt a resolution approving the proposed amendment to add a condition to the conditional zoning agreement entered into February 27, 1990 as follows: "The above conditions shall apply to the commercial development or conversion of a residence to commercial uses." CBS:cs Attachments to Commission and Cities: Environmental Documents Site Plan Location Map School Dist Letter 4 P/aftnv�aAa -- orogN 2?199`� APPLICATION FOR REZONING "//0,cas`jo�n� BUTTE COUNTY PLANNING COMMISSION a APPLICANT: Read and follow instructions set forth on last page of this form. Applicant's Name Ar�kony M. Gewae- Phone No. 345-0887 Applicant's Mailing Address Va2-5 N ot`d, kte CV1t co C-P, g5ct?-(0 Applicant's Interest in property(Owner, Lessee,Other) O W n?C Owner's Name and Address .3 Contact Person for Project(if other than applicant) Assessor's Parcel Number(s) ©`-?-_ 140— - 600 Present Zoning nRequested Zoning C^l W16 � CbMMeRGI+tiI� zON 1�1 C�- COIu�1101�5 z Location,dimensions and size of area(s)to be rezoned T> r 6 I j as S1nocAo, ova ftjn� c9d2 h, Ko�P to 2,cao1c- 96 of bb , I'O6 acf-ts a w H Street Address(if applicable) N!n± V! t q Slavnr- U • a Directions for travel to property(rural and mountainous areas only) a a Applicant's reasons for rezoning P10h+,c� CQf S+-f-0Ct 0. S\- okf- -F�w►c�u �1ome Q� u, cot- oP o< a G AwY 32 er t, -A 6e, a 636�n -Fra a. -'11 - .s-r-re* , Proposed scheduling/Associated projects(formation of service district,etc.) �6�S--CVC6A Laah is SeCL.c6 0:�- C4V4,r� SC--6� S1� 411, -F'atM, Tes", AcP , Anticipated incremental development(future development plans subsequent to rezone): �t.naLE �wN.;IN c7°S��nc, �►-.1 t✓ Existing/proposed sewage disposal method: C- !lsG'W PSP LGh Proximity of power and phone lines: °3� yhde -()V\A& Petr. en&elea� G+ . Distance to natural water course or storm drain: 30 ?"bf;6 tek 'R odln,�c 4a� sv� tvtsto� : X>WDailey Colns ✓chat %c� o.\oyC sovA �•eas+ ��c�l It' e - iPo•.rce 2 , rl,ata �n 'd9reb5. Ag, I kj, 70 Describe anticipated on and off-site drainage improvements(PUD,MHP): N Owe Describe how on-site and downstream drainage channels will be affected(PUD,MHP): N o h1P. Water source: ack.1 WNkr . Proximity of water for fire fighting purposes(hydrants,ponds,etc.) L'�eSS un Will excavation or grading be necessary? Cubic yards(estimate)? I List and describe and other related permits and other public approvals required for this project, including those required by city,regional`,State and Federal agencies: vo w,Q,+ ayla. z a o-F CG4cb sewer. Gust APs . a 6TO If residential, include the number of units, whether units are single or multi-story in height, schedule of F, unit sizes, and type of household size expected. Z a If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of a a sales area,and loading facilities d If industrial,indicate type,estimated employment per shift,and loading facilities. If institutional indicate the major function, estimated employment per shift, estimated 'occupancy, loading facilities,and community benefits to be derived from the project: ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES Identify potentially significant environmental impacts associated with the rezone. What project design features or special conditions of approval (mitigation measures) are proposed to alleviate potential environmental impacts? h�ON 2 cut !`�; ��C:.r� i.-{a�'.Y..,.,:ii,r,�,,. -i.ati��, �:?�.:7 f'i-i. .':�•ti-,� f.:i,',i: .?•:rra- f..f( t � ` t `11 v/ tr 4 r ��` i ENVIRONMENTAL SETTINd Describe the project site as it exists before the project, including information on topgraphy, soil stability, plants and animals,and any cultural, historical and scenic aspects. Describe any existing structures on the site, and the use of the structures. Un eJPI T��l . V k rna-4A, 4v-rxs . z .a 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, F' setback,rear yard,etc.). Z U �51�1P �� ii5ts er\ a\� s)a9 Sv\c'�P. a a a I hereby declare under penalty of perjury that I have read and understand the instructions and that the foregoing statements are true,complete and correct to the best of my knowledge and belief. f Dated: 7- On, Applicant's Signature ip. Dated: O Property owner's signature JP Project File Number aGeneral Plan Designation Request Consistent? Z Request: Rezone to W Location and size of parcel(s) W U w w O 3 i i ��; r � ,. ,,,, r^. , . - ,�., y'y is,,l ��.,;� �.. ^;i ,.J \, ,,:�"'.�v�;'+{`� ;fir..;`._ zs .a •,,,,. y �" ('�l , i i I ,� �_ _ ._ t , �� Verify; A.P.Number(s) "� Location Description a OOwnership Legal Description of Area -:IWent of of Agency(if needed) t/ Maps of Area/Development Plan for PUD's W PresZoning U Reproducible Master Map of 0-4 Development Plan(PUD's only) O OU Date of Application receivedZ!r' $ Receipt No.I Application Taken By �L ! 4 b f INSTRUCTIONS TO REZONING APPLICANTS 1. If applicant is not the owner, written authorization by the owner or other proof of agency must be submitted in order for the applicant to legally sign the application. Application shall be considered void if not signed by the owner or legal agent. 2. All items on application shall be filled in as completely as possible. Very few items should be marked not applicable by the term"N/A". 3. It is very important that the application include an accurate and complete description of the property proposed for each requested zone. The applicant will not be processed until we receive the following information about area(s)to be rezoned: a.Assessor's parcel number(s)from the tax bills or Assessor's Map. b. Street addresses(if available). c.Distances and directions to named streets,bodies of water or railroads. d. Legal description (subdivision lot numbers, fractions of sections or distances and bearings of perimeter dimensions). e. copies of map with rezoning area(s) outlined (.Assessor's map, subdivision map, or other map showing parcels). 4. California Government Code Section 65300 et seq. requires local zoning ordinances to be consistent with a jurisdiction's adopted general plan. County approval of a rezoning request must be supported by finding of consistency with the Butte County General Plan. Applicants may request changes in General Plan designations by filing an Application for General Plan Amendment. 5. The Application for Rezoning is subject to public hearings and approval by both the Planning Commission and Board of Supervisors. The procedures for County action on rezoning applications are stated in Chapter)24 of the Butte County Code. 6. Applicant fees as of <3_-� (date)are$ Fees may be paid in cash or by check made payable to Treasurer of Butte County. 7. Before submitting a rezoning application, applicant is requested to discuss with staff all questions about application requirements, County procedures, consistency with the General Plan,and the provisions of existing and requested zoning classifications. I I ... .. Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: Teresa C. George 1925 Nord Avenue Chico, California 95926 //////��•• SPADE AOOVE THIS LIN6•f�R USE MAIL TAX STATEMENTS TO: 6 DOCUMENTARY TRANSFER TAX 2........................ ..... .... .. .. ... Anthony M. George ......Computed on the consideration or value of property c Deborah L. George Computed on Ura consideration or value less liens or encumbrances 777 Bradenbury Lane remaining at time of sale. Chico, California 95926 7� t>^ n?. Signalure ectvant o gent del mg tax—Firm Name AP#: 042-140-114-000 GRANT DEED FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, TERESA C. GEORGE, an unmarried woman hereby GRANT(S) to. ANTHONY M. GEORGE and DEBORAH L. GEORGE, Husband and Wife as .Joint Tenants the real property in the City of State of California,described as County of Butte All that certain real property situate in the State of California, County of Butte,- described as follows: Parcel 1, as shown on that certain Parcel Map, recorded in the office of the Recorder of the County of Butte, State of California, on October 30,1981, in Book 86 of Maps, at Page(s) 66. "This is a bonafide gift and grantor received nothing in return, R & T 11911." Dated April 8, 1992 TERESA C. GEORGE % STATE OF CALIFORNIA Butte )s COUNTY OF 1 On << before me. 0. personally appeared TERESA C. GEOAGE personally known to rime (or proved to me on the basis of satisfactory ��/o�•too•000000•oo•••o•••••••••� BETTY J ANE FRY • evidence)lobelheperson(s)whose name(s)is/aresubscribedtolhrwittrin `01 ,Jyc�-��• • instrument and acknowledged to me that he/she/they CxecI)Ied Ilse same ^'t:r�o., t 1C�M�'#951569— tss9 N AR.)rPUBLIC—CALIFORNIA in his/her/their authorized W acil tes, and Thal h hi sign,• ~ P y( 1 yih i BULTB COUNFY • ture(s)on the instrument the person(s)or the entity upon behalf of which • My commission Ex res!January 3,1996 � • the person(s)acted,executed the instrument, •o••••••oo••••so•i•o••oo•••••• WITNESS my hartcLand official oat. Sign.- (This arca Inr ollicial nnlarial seal) MAIL AX STATEMENTS AS DIRECTED ABOVE 1002(1/91) i" 1 DISTRIBUTION LIST FOR COMMENTS RESORQCE MANAGEMENT County Public Works r� X County Environmental Health " State Water Resources Dept. County Building Department U.S. Forest Service City of Biggs U.S. Bureau of Land Management City of Chico Butte County Mining Committee City of Gridley State Department of Fish & Game City of Oroville California Native Plant Society Town of Paradise State Div. Forestry- attention Planning Department Craig Carter ' >C State Transportation Department Regional Water Qual. Control Bd. DOMESTIC WATER SEWERS Butte Water District Richvale Sanitary District California Water Service Co. -*" North Burbank Pub. Util. Dist. Del Oro Water Co. Skansen Sub. (CSA #21) OWID Stirling City Sewer maint. Dist. Thermalito Irrigation District Thermalito Irrigation District Other UTILITIES IRRIGATION WATER PG&E North (Chico)'` Biggs-W.Gridley Water District PG&E South (Marysville) Butte Water District yC Pacific Bell Durham Irrigation District State TV Cable OWID Viacom TV Cable Paradise Irrigation District Richvale Irrigation District FIRE PROTECTION Table Mountain Irrigation Dist. El Medio Fire Protection Dist. Thermalito Irrigation District X County Fire Department/CDF'' DRAINAGE DISTRICT MOSQUITO ABATEMENT DISTRICT C S A Durham, Oroville or Butte County RECLAMATION DISTRICT POLICE PROTECTION X State Highway Patol� X County Sheriff OTHER COMMITTEES/COMMISSIONS SCHOOL DISTRICT x C H 1 Go RECREATION FACILITIES Paradise Pines Architectural Chico Area Recreation District Control Committee Durham Area Rec. & Park Dist. Butte County Farm Bureau Feather River Rec. & Park Dist. Community Association: Paradise Rec. & Park Dist. Richvale Rec. & Park Dist. State Parks & Rec. Dept. 1 BUTTE COUNTY DEVELOPMENT SERVICES DEPARTMENT 7 County Center Drive Oroville, CA 95965-3397 (916) 538-7601 Date: 2-2-93 TO: RE: Administrative Permit review for ANTHONY M. GEORGE -REZONE 93-16 AP#042-140-114 Enclosed -2:s prL-zxmi i'iary- data our office has received or generated REZONE C-L ZONE WITHOUT THE ZONING concerning the following project: coNT1TTTnNR Tn AT.T.nw A cINC�LE PAMII.Y FESIDENG7. AP#049-14n-1 114 T nr.ATFn ON TUF SQ11THgR134 21pg X NORI)-Arg 41212RQX 440 FT- NnRTRRRT.Y nF npg T igy. rgICQ_ The above project has been determined to be categorically exempt from environmental review under the provisions of the California Environmental Quality Act. This department is reviewing the application for compliance with applicable County and State requirements, or restrictions that your department may have for this project. Please respond within 10 days of the above date. If no response, is received within the 10 days, it shall be assumed that there are no concerns or requirements from your department. We appreciate any assistance you can provide. Sincerely, arry Pa" ter Planning Technician Comments: NVO FILE NO: APPLICANT: ANT} nl-J�j lyl . OWNER: Sq REQUEST: C - 1 'ZONA W 1TW OUi' THE 2UtiNG- D!✓V , Com i-ri C>NS A IsI iV G-LC AP NO: 0y 2 1Li0 - 11LA 4 SIZE: A C- 1 LOCATION: LO(.a- c-t7 0 A➢ -'}-H G S OU-F H G l(::)C C'rF wo 2D A V'E loxyrra E 490 -FT . © -'H E d 8 K WR" . AHIC.0 EXISTING ZONING: C- 1 i Z� ZONING HISTORY: ZOtJGD C- 1 QlJ 2-1-8-7 a�j ©QL. 2.(0lA i SURROUNDING ZONING: c''1 ' -z- A-10 I t SURROUNDING LAND USE: 1 4 C SITE HISTORY: {ff GENERAL PLAN DESIGNATION: CbhnN. +E2C1Al__ I I APPLICABLE REGULATIONS: t i i C141 c I t - i i I i - i i - ,, O-Z o�- �, I n f SI d _ Zi, � 0 (;- n S�L 91- I - 1 h- .. .� � , �. i ` �. -. x BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that public hearings will be held on Thursday, March 25, 1993, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: i ITEM DETERMINED TO BE GENERAL RULE EXEMPT j FROM ENVIRONMENTAL REVIEW I 9:00 a.m. Anthony M. George - Rezone to modify a conditional C-1 Zone located on the southerly side of Nord Ave. approximately 440 ft. northerly of Oak Way, identified as AP 042-140-114, Chico. (File #93-16) The above mentioned application and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. Comments may be submitted in writing any time prior to the hearing or orally at the meeting listed above or as continued .to a later date. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION B.A. KIRCHER, DIRECTOR OF PLANNING To be published in the Chico Enterprise Record on Thursday March 4, 1993. I I i I i If `1 E1 1 i BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that public hearings will be held on Thursday, March 25, 1993, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEM DETERMINED TO BE GENERAL RULE EXEMPT FROM ENVIRONMENTAL REVIEW 9:00 a.m. Anthony M. George - Rezone to modify a conditional C-1 Zone located on the southerly side of Nord Ave. approximately 440 ft. northerly of Oak Way, identified as AP 042-140-114, Chico. (File #93-16) The above mentioned application and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. Comments may be submitted in writing any time prior to the hearing or orally at the meeting listed above or as continued to a later date. If you challenge the above applications in court, you may be limited to rasing 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 B.A. KIRCHER, DIRECTOR OF PLANNING To be published in the Chico Enterprise Record on Thursday March 4, 1993. BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING I Notice is hereby given by the Butte County Planning Commission that public hearings will be held on Thursday, March 25, 1993, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEM DETERMINED TO BE GENERAL RULE EXEMPT f FROM ENVIRONMENTAL REVIEW 9:00 a.m. Anthony M. George - Rezone to modify a conditional C-1 Zone located on the southerly side of Nord Ave. approximately 440 ft. northerly of Oak Way, identified as AP 042-140-114, Chico. (File #93-16) The above mentioned application and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. Comments may be submitted in writing any time prior to the hearing or orally at the meeting listed above or as continued to a later date. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. I BUTTE COUNTY PLANNING COMMISSION B.A. KIRCHER, DIRECTOR OF PLANNING i To be published in the Chico Enterprise Record on Thursday March 4, 1993. BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that public hearings will be held on Thursday, March 25, 1993, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEM DETERMINED TO BE GENERAL RULE EXEMPT FROM ENVIRONMENTAL REVIEW 9:00 a.m. Anthony M. George - Rezone to modify a conditional C-1 Zone located on the southerly side of Nord Ave. approximately 440 ft. northerly of Oak Way, identified as AP 042-140-114, Chico. (File #93-16) The above mentioned application and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. Comments may be submitted in writing any time prior to the hearing or orally at the meeting listed above or as continued to a later date. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION B.A. KIRCHER, DIRECTOR OF PLANNING To be published in the Chico Enterprise Record on Tiursday March 4, 1993. ti. R BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that public hearings will be held on Thursday, March 25, 1993, in the Butte County Board of Supervisors' Room, County Administration Center; 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEM DETERMINED TO BE GENERAL RULE EXEMPT FROM ENVIRONMENTAL REVIEW 9:00 a.m. Anthony M. George - Rezone to modify a conditional C-1 Zone located on the southerly side of Nord Ave. approximately 440 ft. northerly of Oak Way, identified as AP 042-140-114, Chico,.tbk. C jA,s,Z V 93-14) The above mentioned application and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. Comments may be submitted in writing any time prior to the hearing or orally at the meeting listed above or as continued to a later date. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION B.A. KIRCHER, DIRECTOR OF PLANNING To be published in the Chico Enterprise Record, on Thursday, March 4,1993. ;. Eutte Count L A N D O F N A T U R A L W E A L T H A N D B E A U T Y PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE- OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 Anthony George May 13, 1993 1925 Nord Ave. Chico, CA 95926 Dear Mr George, On April 20, 1993 the Butte County Board of Supervisors approved your rezone request to allow a change in a conditional zoning agreement. The change allows you to construct a single family dwelling on AP 042-170-140_ without having to install frontage improvements along Hwy. 32. An amended zoning agreement will be sent to you soon for your signature. If you have any questions regarding this matter please contact this department. Sincerely, Craig Sanders . Associate Planner I ' Tr N.3 Swoo ! E6-,rnr-oc muzo e 8 ! .xap.za�a►� ! sggnjp •£ pro*puuo ! •-4?n8 ! paplooeu OZ9ZEa` 6 OZ9ZC0-E6 OZ9ZCO-£6 t t MINIMt 93-032620 F Nor co MPMEI) t,-VITH JUL 3 0 1993 OBIGWAL DOCUMENT Resolution No. 93-56. RESOLUTION ADDING A CONDITION TO THE RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR ANTHONY GEORGE BE IT RESOLVED AND ORDERED that the Chairman of the Board of Supervisors be and is hereby authorized and directed to execute an agreement on behalf of the County of Butte relating to the addition of a condition of development on a C-1 (Light Commercial) zoning with: ANTHONY GEORGE and to do and perform everything necessary to carry out the purpose of this resolution. PASSED AND ADOPTED by the Butte County Board of Supervisors on the 27th day of April, 1993, by the following vote: AYES: Supervisors Dolan, McLaughlin, Meyer, Thomas and Chair Houx NOES: None ABSENT: None NOT VOTING: Non G MARY NE HOUX, CH.aIRMAN Butte County Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Board By i '� 'V AMENDMENT TO CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 27th day of April, 1993, by and between Anthony George, herein called "First Party", and the COUNTY OF BUTTE, a political subdivision of the State of California, herein called "Second Party". WITNESSETH WHEREAS, First Party is the successor in interest of Teresa George and is the owner of real property, herein called the "Property", which is described as all that certain real property situated in the County of Butte, State of California more particularly described as: Parcel 1 as shown on that certain parcel map filed in the Butte County Recorder's Office on the 30th day of October, 1981 in Book 86 of Maps at Page 66. WHEREAS, the County of Butte and Teresa George previously entered into a conditional zoning agreement dated September 1, 1987, recorded as document 87-35184, and an amended conditional zoning Agreement on or about February 27, 1990, recorded as document no. 90-035154, collectively referred to hereafter as the "Conditional Zoning Agreement." WHEREAS, Anthony George, as the successor in interest of Teresa George, and the County of Butte wish to further amend the Conditional Zoning Agreement by adding a condition providing that the existing conditions shall apply to the commercial development, the conversion of a residence to commercial uses, or to the construction of two or more dwelling units on a single parcel. WHEREAS, a public hearing has been held regarding such amendment before the Board of Supervisors of the County of Butte, State of California, on April 27, 1993 and after having considered the matter presented, it has been determined that such amendment is desirable and 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: 1. Condition 2k is added to the Conditional Zoning Agreement to read as follows: 2k. The above conditions shall apply to any commercial development, the conversion of any residence to a commercial use, or the construction of any dwelling unit resulting in two or more dwelling units on a single parcel on the Property. 2. Notice of violation of provisions of the Conditional Zoning Agreement, as amended hereby, shall be sent to First Party at 1925 Nord Avenue, Chico, California 95926. Any subsequent title holder, any lien holder, or party in possession of the property shall also receive notice of such violation at their respective addresses if they file with the Clerk of the Board of Supervisors of Second Party the address to which the notice is to be sent, with reference to the Conditional Zoning Agreement as amended. 3. Each and every one of the provisions of the Conditional Zoning Agreement, as amended, shall bind and inure to the benefit of the successor in interest of each and every party hereto, in the same manner as if they had herein been expressly named. 4. Except as otherwise provided herein all other provisions of the Conditional Zoning Agreement shall remain in full force and effect, are hereby re-affirmed as originally stated, and are binding upon First Party, Anthony George, and Second Party, County of Butte. IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective the day and year first above written. ANTHONY GEORGE, "First Party" COUNTY OF BUTTE, a political subdivision of the State of California, "Second Party" _ gy 1 Mary A e Houx, Chair Butte County Board of Supervisors APR 2 7 ATTEST: JOHN BLACKLOCK, Chief Administrative Officer and Clerk of the B d of Supervisors a.f WP5110RDINANCEIGE0RGE.AG R s CALIFORNIA ALL-PURPOSE ACKN( :DGEMENT State of California OPTIONAL SECTION tits CAPACITY CLAIMED BY SIGNER County of BUTTE SS. Though statute does not require the Notary to fill in the data below, doing so may prove 1993 MARIA S. GALLEN yinvyaluable to persons relying on the document. On JULY 16, before me, 5*4DIVIDUAL DATENAME.TITLE OFOFFICER-E.G..*JANE DOE.NOTARY PUBLIC- ❑CORPORATE OFFICER(S) personally appeared **ANTHONY GEORGE*** NAME(S)OF SIGNER(S) TrTL9S) ❑ PARTNER(S) ❑LIMITED ❑ personally known to me-OR X5 proved to me on the basis of satisfactory evidence to be the person(s) ❑GENERAL whose name(s)is/are subscribed tc the within ❑ATTORNEY-IN-FACT ®�■■■■■■■■■■■■■■■■■•■■••■ instrument and acknowledged to me that he/ ❑TRUSTEE(S) • ■ she/they executed the same in his/her/their ❑ GUARDIAN/CONSERVATOR • MARIA S. GALLEN ■ authorized capacity(ies),and that by his/her/ ❑OTHER: ■ • OMYNOTARYPUBLIC-CALIFORNIA theirsignature(s)oninstrumenttheperson(s), BuneCountyor the entity upon behalf of whichtheperson(s) Commisslon Ices Feb•24,1995, � acted,ex ted the instrument. ■■°■■■■■°°O°°°•■■■■•■■•�■ SIGNER IS REPRESENTING: ITIONALmy hand Offl 831. NAME OF FERSON(S)OR ENrrrY(IES) (This area for official notarial seal) SIGNAT RE OF E OTARY SECTION .THIS CERTIFICATE MUST BE ATTACHED TO Title or Type of Document AMENDMENT TO CONDITIONAL ZONING AGREEMENT ( THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages TWO Date of Document APRIL 27, 1993 Though the data requested here isnot required bylaw, Signer(s)Other Than Named Above it could prevent fraudulent reattachment of this form. NP-9(Rev.1/93) J 1 t Sate oun Department of Development Services PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE- OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 July 2, 1993 Anthony M. George - 1925: Nord .Avenue = Chico, CA 95926 Re: Conditional Zoning Agreement, File 93-16 Dear Mr. George: Enclosed is the Modified Conditional Zoning Agreement approved by the Board of Supervisors on.April 27, 1993. Please have this Agreement signed -and notarized and returned to this office for submittal to the Clerk of the Board of Supervisors. This Agreement will be recorded, and a copy sent to you for your records. Should you have any questions regarding this matter., please contact this office. Sincerely, fl Paula S. Leasure Assistant Director of Planning PSL:lr Enc. AMENDMENT TO CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 27th day of April, 1993, by and between Anthony George, herein called "First Party", and the COUNTY_ OF BUTTE, a political subdivision of the State of California, herein called "Second Party". WITNESSETH WHEREAS, First Party is the successor in interest of Teresa.George and is the owner of real property, hereincalled the "Property",-which-is described as all that certain real property situated in the County of Butte, State of California more particularly described as: Parcel 1 as shown on that certain parcel map filed in the.Butte County Recorder's.'Office on the 30th day _ of October, 1981 in Book 86 of Maps at Page 66. WHEREAS, the County of Butte and Teresa George previously entered into a conditional zoning agreement dated September 1, 1987, recorded as document 87-35184, and an amended conditional zoning Agreement on or about February 27, 1990, recorded as document no. 90-035154, collectively referred to hereafter as the "Conditional Zoning Agreement." WHEREAS, Anthony George, as the successor in interest of Teresa George, and the County of Butte wish to further amend_the Conditional Zoning Agreement by adding a condition providing that the existing conditions shall apply to the commercial development, the conversion of a residence to commercial uses, or to the construction of two or more dwelling units on a single parcel. WHEREAS, a public hearing has been held regarding such amendment before the Board of Supervisors of the County of Butte, State of California, on April 27, 1993 and after having considered the matter presented, it has been determined that such amendment is desirable and 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: 1. Condition 2k is added to the Conditional Zoning Agreement to read as follows: 2k. The above conditions shall apply to any commercial development, the conversion of any residence to a commercial use, or the construction of any dwelling unit resulting in two or more dwelling units on a single parcel on the Property. 2. Notice of violation of provisions of the Conditional Zoning Agreement, as amended hereby, shall be sent to First Party at 1925 Nord Avenue, Chico, California 95926. Any subsequent title holder, any lien holder, or party in possession of the property shall also receive notice of such violation at their respective addresses if they file with the Clerk of the Board of Supervisors of Second Party the address to which the notice is to be sent, with reference to the Conditional Zoning Agreement as amended. 3. Each and every one of the provisions of the Conditional Zoning Agreement, as amended, shall bind and inure to the benefit of the successor in interest of each and every party hereto, in the same manner as if they had herein been expressly named. 4. Except as otherwise provided herein all other provisions of the Conditional Zoning Agreement"shall remain-in full force and effect, are hereby re-affirmed as originally stated, and are binding upon First Party, Anthony George, and Second Party, County of Butte. IN WITNESS WHEREOF, the parties hereto_ -have executed this Amendment effective the day and year first above written. ANTHONY GEORGE, "First Party" COUNTY OF BUTTE, a political subdivision of the State of California, "Second Party" BY Mary Anne Houx, Chair Butte County Board of Supervisors ATTEST: JOHN BLACKLOCK, Chief Administrative Officer and Clerk of the Board of Supervisors WP51\ORDINANCE\GEORGE.AGR .. ._ �� .... HU Heun y I t I L I L Department of Development Services PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE- OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 December 22, 1992 Robert Millar 1600 Humboldt Road, Suite 4 Chico, CA 95928 RE Development on Assessor Parcel #042-140-114 Dear Mr. Millar: I have again confirmed with the Planning Director, Bettye Kircher, and the Director of Development 'Services, Bill Farrel that development of this parcel, for residential or commercial purposes, is subject to the conditional zoning approved in 1987. If you wish to alter the conditions, a rezone is the appropriate method. If you have any further questions regarding this matter, please contact this office. Sincerely, B.A. Kircher Director of Planning Lisa Purvis-Wilson Assistant Planner LPW-jlo c:\wp50\misc\42-14-114 i ,. � ��.+ '`� LAW OFFICE's OF • - A11YIhNEY Al 1.AW - 1ti kD tZUA4BOLE:,T hOAU, S u in—4 CMCO, CA:_EFORNIA 959.26 (916) 342-3690 FAX 1,916j 3.12-1.383 FACSIMILE TRANSMISSIOU COVER SHEET Date: December 22 , 1992 This FAX is directed to: Betty Kircl---r Department,: B'atte Cciunty P_1ayvii.n Case Number: A:P# 42--14-A.14 Transmitted to FAX number: 1-538--7785 Number of pages , including Cover shee,C :.�_ 2____�__.---..._ Special. instructions ; - _ �___. __.-_________.__. __—_ __._ �__e.. . •. This FAX has been sena LAW OFFIII, w, OF T1nF) Lr:At 1600 Humboldt Road, Suite 5: Chico, Calif:orn.ia 95928 FAX* J916) 342-5. 183 For transmission &'-If ic-alties or it Jaac es api-.Lar LU Cir missing, please call oor office telephone numbor ( 916 342•-8690., A'A '#6 8 A, #A #h YA R 4 t# i k A k kk A-A is#: l•A .A'b' DA flA fld RA i9 P0dj'aPEII?JAIIT _�iQT : The it fcrmatl.�r, c-ontairsed as this Ea-simi-ie- Sr,rah the Offices of ROBEPT L. MILLAR, is cvnfi:iential ai%d also ma;, bn :l:.-gaily pr.iviloc,..-Al as esE attorney-client cowtmur_icat icn. t' ac information is Lr.,Lonfled ilnl !""!: tt;::? of the individual or entity to whom it Is addressed. 1t ycu eAz r,alt. �"he or the employee or agent responsible to deliver this fs,::�in;i.� its iwatrorPi recipient, you are hereby.notified ta;at any review, use tion, disclosure, copying or taking vf. any action ir, this information is strictly proh0ailed.. if jou have rec4:'Iiv+1:11 in error, please immediately rirtify us by tay:l4..1.)"+.0,n. ane �f j; rs;irsd y facsimile to us at: the above atidresL; vii the Li. 13 r t,�: - #•t AA 3k Ah A+R AA k-4 •Ak k# flR #rt d# RA k# bM ;fr i3 sA dr A'A• / ,` `f�Y,may _ , w P 02 LAW OFFICES OF R,0BERT L. MIr.,"I PWnlnq 0epartn1int. ATn7RNL•Y AT LALNV 1600 HUMBOr-D. ROAD, SUITE 1 � CHICO, C.A9.dT•ORN9A 95928 DEC 2 219 2 (916) 342-8690 omvioe,Caiifomle=" F-.--x(916) 342-1:393 y December 22. , 1992. Butte County Planning Department ATTN: Betty Kircher 7 County Center Drive Oroville, C'alif'ornia 95965 RE: AP # 42-14-114 TOADY and DEBBIE C:EORGE Dear Ms. Kircher: This office represents Tony and Debbie Georgia. vl�� My clients are under thf.! .inpreGsicmn that h2ls interpreted the 1987 ag:r'eement, ;see el��• .t?sB.l.�F.; , GtJ i.Y Cltas� residential dwellings. As _+: dead the agreement it Clear to me that the purpose and. intent of th.e agreement was in contemplation of cryrimexc,ia-1 development. Would you please clarify for me any misunderstanding that l have and provide me with the reasoning of benefits de.ri.vad ,an applying comryerc:ial restrictions to a resi.dent_ial. devel.oprzcenl . My clients have e.xpended a lot of -1--i e. and energy into their nt�w home and to now be toad that. there are expensive restrictions obviously creates aro undue :financial burden. Very / 177 a p ` y . M I.LL � RI I:dj Enclosure RucToem.6 , isrw:q? t Ata opnroneTX CL699Sp gu .•iugno• uguCrgj �nxgeu• jJOwG 9uq 4:o uom, pea 4:tr7q Ppg4 ppror..6 gT.G GYbrpVTAe x.sepr.:r.0.9TO B '-K;k 'c7TGu.P2 pgAs exbeugeq s Ian 011 fiTwG 9ug a OON ru;o ;PGTL usm gbb7ATua CONWGLOT97 LGR9LTC;jOU t �PO 9 L6.2TgouCT9T geAeTcab�rox��' pstAs -guq• bxOA.Tge w6 MTCV rats zageowrua OT, pGuetrP2 get)Aeq {u Monrq Aorr bTeses cTVLTkA 40L :ns gut, tuTBrtiigf�aCguq ud tp � I x=,xd��r coupowbT9,PT0u 01 coruw6xcr9T g6AGIObwGu4:• ws Fugr .spa bmboes suq Tv;GvP ok rPs gdLOGweuF m9e {v LGeT9eu.PT4T gMGTTTuaz' ba I tsvq Fue gaTeewsup rp eeewn cjsaz 4;p ru.ficLbr.epsq CUs ,7a8,y caixemsur (ass Guc a rrr_P1o xuc nqG WA cT retr a gxs nu:;sx �Ne rwb�eaerou �ts� •: ' •-'"x. .r ,�. ;Z v )!gam IPTe 04ITc6 LGbtoeGupe jouA quq DGppTG OGoLaG• N�� D69L Wa• KTLcpeL: 1014A gvgi DEBBIE OEOISGE SSE: Yb A 45-Tit-TTI r� . OLOATT7'G• C9T{ToLuT9 a2ae2 GOnu4A COUCGL DLTAG viam: Borpk KTxCp6x bTgubTua Dob9Lpweup Bn��s Conu�A . DGCGwpGL S5 ' T563 En(are) (are)343-wao OWAl'J9-Cq!!40Wj9 C111cw GvrzhnH•rri e2mg DEC S S, S Tf Hitwsarni�ovn' Zr��ib YtLON'r1El.vt f rM Na H.L r• yirrrjrx . bwulua oabvwmu4 [-,ftt OhElcr•,z oh LANDt Count OF NATURAL WEALTH AND BEAUTY DIRECTOR'S OFFICE pts DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916)538-7785 MEMORANDUM TO: Butte County Board of Supervisors FROM: Bill Farrel, Director of Development Services Craig Sanders, Project Planner SUBJECT: Anthony George, Rezone, File 93-16 DATE: April 16, 1903 REQUEST/RECOMMENDATION Anthony George - (Item determined to be a General Rule Exemption from environmental review) Rezone to modify a conditional C-1 zone on property located on the southwest side of Nord Avenue, (Highway 32), approximately 440 feet northerly of Oak Way, identified as A? 040-140-114, Chico. Two diff6rent recommendations are discussed; that of the Planning Commission and a different proposal from staff. Staffs recommendation is the same one that was made to the Planning Commission and is recommended. improvements along Hwy. 32 when commercial development occurs on the subject property or when the property is split. This is consistent with the Urban Improvement Standards for the Chico area pursuant to Chapter 20 of the Butte County Code. ANALYSIS: This is a request to modify the conditions of a Conditional Zoning Agreement that was originally executed on Sept. 1, 1987 by Resolution 87-235, in conjunction with the rezoning of AP 042-140-114 from SR to C-1. The following conditions and mitigation measures (M) were adopted as part of the rezone: 1. Owner to sign an agreement to participate in a drainage assessment district when and if the local agency establishes said district in the future and meet the requirements of the Nitrate Action Plan. 2. Any new development or conversion of the existing single family,residence to be served by Cal Water. 3. Both parcels to be limited to one common driveway access easement from Hwy. 32 at the common property line, when developed with commercial uses. 4. Install curb, gutter, sidewalk, and drainage upon conversion of the existing single family structure or development of AP 042-140-114. 5. Construct two way left turn lane with standard tapers to Department' of California transportation requirements. 6. Contribute a pro rata share, as determined by CDF, for commercial zoning to the cost of the new west side fire station fund. (M) 7. Owner to sign a covenant running with the land that noise mitigation devices including an 8 foot masonry sound wall will be installed as necessary so that the development and operation of commercial uses will not generate more than 60 dB at the northwest and southwest property lines. (M) 8.. All structures shall be located a minimum of 25 feet from the southwest right-of-way of Hwy 32. 9. Exterior lighting shall be shielded from Hwy 32. Condition 2 was later amended by a rezone application in 1990 to read as follows: 2. If and when Cal Water comes within 300 feet of the frontage of the property, the property will be required to connect to Cal Water. The applicant originally came to the Development Services Department to get some clarification on the applicability of condition #4 with respect to the construction of a single family dwelling on AP 042-140-114. The Planning Division interpreted that condition to apply to all new development, commercial and residential alike. Mr. George feels the conditions of the zone are prohibitive when applied to a single family residential use especially since he does not plan to not access his property from Hwy 32. His home will face a new street that comes off of Oak Way. The conditions of the rezone reflect policies adopted in conjunction:with an Urban Reserve General Plan overlay on 50 acres along the northeast side of Hwy 32. The Urban Reserve was specifically adopted for commercial development. The condition for frontage improvements in this location is some what redundant since those improvements are already required by ordinance for the development of more than 3 dwelling units per parcel or commercial uses as per the Urban Improvement Standards of Chapter 20 of the Butte County Code. This project can be found exempt from CEQA under the general rule exemption under section 15061 (3), which states: 1 "CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that' the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." PLANNING COMMISSION ACTION/STAFF SUGGESTED ALTERNATIVE: i The Planning Commission heard testimony regarding this project and had concerns that a sidewalk was needed along Hwy. 32 especially since a new elementary school is being constructed in the area. They recommend that condition 4 be retained and a new condition added to allow the applicant the option of paying into an existing street improvement fund for the cost of installing curb, gutter, and sidewalk along his property frontage. The cost would be based on a pro rata share cost of installing 1000', of improvements. The idea being that the per foot cost could be reduced by using a figure for a longer distance. The applicant has 200' of frontage. The Butte County Public Works Department does not do cost estimates in this way. Based on their cost figures, an amount of $4,000 would be required for the deposit. The applicant could probably install the improvements for less than this. However, if the improvements were installed it would result in a "floating" section of improvements, since adjacent properties do not have curb, gutter, and sidewalk. The Planning Commission minutes are attached. Staff still recommends that the existing ordinance covering the installation of frontage improvements within urban areas is adequate and that they should not be required for the construction of a single family residence in the absence of a subdivision map. To clarify the conditions of the zone, one more condition be added to this zoning which states: "The above conditions shall apply to the commercial development, the conversion of a residence to commercial uses, or the construction of 3 or more dwellings on a single parcel." RECOMMENDED MOTION: A. Find that the project is not subject to environmental review under CEQA as per the general rule exemption; and B. Find that the proposed amendment to the C-1 zone is consistent with the Butte County General Plan because the conditions associated with the rezone were intended to apply to commercial development; and C. Adopt a resolution approving the proposed amendment to add a condition to the conditional zoning agreement entered into February 27, 1990 as follows: 10. "The above conditions shall apply to the commercial development,the conversion of a residence to commercial uses, or the construction of 3 or more dwelling units on a single parcel." CBS/Ir i �:. it-7*7 utte ount L A iV iD F iN A T U R L W EA LT r A 11 D 3 A U T DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916)538-7785 April 1, 1993 Anthony M. George 1925 Nord Avenue Chico, CA 95926 Re: Rezone, File 93-16 Dear Mr. George: The Clerk of the Board of Supervisors set a public hearing date for April 27, 1993 at 10:45 a.m., to consider your request for a rezone to modify a conditional C-1 zone located on the southerly side of Nord Avenue, approximately 440 ft. northerly of Oak Way, identified as AP 042-140-114, Chico. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville. Should you have any questions regarding this matter, please contact this Department. Very truly yours, W* liam Farrel Development Services Director WF:lr Eatte countg, PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE- OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 , March 25, 1993 I Anthony M. George 1925 Nord Avenue Chico, CA 95926 Re: Rezone, File 93-16 Dear Mr. George: At the regular meeting of the Butte County Planning Commission held March 25, 1993, your request for a Rezone to modify a conditional C-1 Zone located on the southerly side of Nord Avenue, approximately 440 ft. northerly of Oak Way, identified as AP 042-140-114, Chico, was recommended for approval. A report of this matter will be made to the Clerk of the Board of Supervisors and; they will set a public hearing date. You will be notified of the time and date. Should you have any questions regarding this matter. Sincerely, B. ri r ch e r Director of Planning BAK:lr cc: Clerk of the Board I .lf......:.. ...... sutte countq _ _ t PLANNING DEPARTMENT ! 7 COUNTY CENTER DRIVE- OROVILLE, CALIFORNIA 95965-3397 March 1, 1993 TELEPHONE: (916) 538-7601 { Anthony George 1925 Nord Avenue Chico, CA 95926 s Re: Rezone, File 93-16 Dear Mr. George: Enclosed is a copy of the Staff Findings concerning your application for a rezone' to modify a conditional C-1 Zone on property located on the southwest side of Nord Avenue, identified as AP 042-140-114, Chico. I A public hearing has been set for March 25, 1993 at 9:00 a.m. The 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. In the event that no one will represent the applicant, please contact the Planning office prior to the scheduled public hearing. Should you have any questions regarding this matter, please contact this office between 10:00 a.m. and 3:00 p.m. Sincerely, B. A. Kircher Director of Planning Craig B. Sanders Associate Planner CBS:lr Enc. i OFFICE OF THE ASSISTANT SUPERINTENDENT Administrative Office OPERATIONAL SUPPORT SERVICES 1163 EAST SEVENTH STREET (916) 891-3140 CHICO, CA 95928-5999 (916) 891-3000 February 5, 1993 Planning Department Mr. Larry Painter, Planning Technician FE9081993F County of Butte ®rovilta,California ' Department of Developmental Services Planning Division ' 7 County Center Drive Oroville, CA 95965 Re: Rezone 93-16 - Anthony M. George (A. P. No. 042-140-114) Dear Mr. Painter: District representatives have reviewed the information contained in your memorandum dated February 2, 1993 regarding the Anthony M. George rezone for property located on the southerly side of Nord Avenue, approximately 440 feet northerly of Oak Way. District representatives have determined that the proposed project will negatively impact Chico Unified School District and, therefore, warrants further environmental analysis. The District recognizes that Senate Bill 1287 (SB 1287) may adversely impact the County's authority to impose the following requested mitigation measures by rescinding court precedents established via the Mira, Hart and Murrieta cases; but that issue is yet to be resolved. In addition, any restrictions which may be imposed by SB 1287 may be eliminated if Assembly Constitutional Amendment 6 (ACA 6) fails to win the support of the majority of California voters. Based on this information, the District requests that the following comments be included in the project approval record and requested mitigations imposed to the extent allowed by law. SCHOOL FACILITIES FOR NEW STUDENTS GENERATED BY THE PROPOSED DEVELOPMENT SettinP The Anthony M. George rezone proposes one residential unit. Applying the District's .43 student yield factor, the development will generate approximately one school age child. Utilizing current District actual student enrollment data and projected student enrollment data from already approved new residential development, each elementary, junior high and senior high school in the District is filled to capacity. To accommodate a 50+ percent increase in student enrollment in recent years, the District(1)reutilized existing school facilities, (2)utilized interim elementary school facilities, (3) placed relocatable classrooms on existing elementary 1 Mr. Larry Painter, Planning Technician February 5, 1993 Page 2 school campuses, (4) instituted multi-track year-round education in three existing elementary schools, (5) occupied one new urban elementary school on a year-round schedule, (6) occupied one new elementary school on a traditional school schedule, (7) is in the process of constructing a third elementary school, (8) has placed interim facilities on the secondary campuses pending the availability of new school facilities, (9) acquired a site and has planned to build a new junior high/middle school and (10) has planned to expand one existing senior high school. The District continues to be a participant in the State School Building Program wherein the cost of constructing new school facilities is shared by the State and by the local district in a pro rata fashion. The State-wide need to construct new schools far exceeds available pro rata State funding; therefore, needed new Chico Unified School District school facilities have not been provided in a timely manner. Local Chico Unified School District revenues generated from school impact fees, coupled with the proceeds from the general obligation bonds approved by the voters in April 1988, will meet the student housing needs generated by local birth rates and previously approved residential developments but will not meet the student housing needs generated by new development. The District anticipates housing increasing numbers of students in interim facilities until funding becomes available to construct new schools. Impact of Proposed Development on Chico Unified School District Schools Since District elementary, junior and senior high schools are filled to capacity, it is evident that students generated from the Anthony M. George rezone cannot be served by existing facilities. In addition, there is currently no funding mechanism that will enable the District to provide facilities for these students. Based on the District's .43 student yield factor per average (1,280 square feet) household, the one residential unit in this development will yield approximately one student that must be housed in District schools. The District projects that larger residential units will yield more than .43 students per household and smaller residential units will yield less than .43 students per household. To adjust for the higher student yield factor in larger than average households and the lower student yield factor in smaller than average households, the District utilizes a mitigation cost based on square footage of habitable space in each household. This project must be consistent with the Butte County General Plan and the impact on the District must be recognized and addressed in the project approval process. Mitigation of LWact on Chico Unified School District Schools The District is opposed to County approval of the proposed Anthony M. George rezone application unless the project fully mitigates its impact on the District. Mr. Larry Painter, Planning Technician February 5, 1993 Page 3 Acceptable mitigation measures include: • cash or in lieu equivalent (land or school facilities), approved by the District, which is equal to the full mitigation cost as described below; • imposition of a controlled phasing of single or multi family residential development to coincide with provision of adequate school facilities; or • denial of the project. The 1991/92 per habitable space square foot cost to fully mitigate the impact of each residential unit is $5.29 per square foot. This amount will be adjusted as needed to reflect the impact of inflation, school facilities needs, regulatory changes and other cost influencing factors. The full mitigation cost of $5.29 per square foot of new residential development will include school impact fees (currently $2.65 per square foot). The school impact fee will be supplemented with an appropriate amount of cash or in lieu equivalent (land or school facilities) approved by the District. The combination of school impact fees and cash or in lieu equivalent must fully mitigate the impact of the development on District schools. Since the school mitigation cost established by the District is based on habitable square footage of the residential unit and District representatives are not informed of the habitable space of each residential unit in the proposed development, it is not possible to confirm the total cost of the mitigation at this time. The following calculation is provided to allow one who is knowledgeable of the habitable space of each residential unit in the proposed development to make her/his own calculations: CALCULATION Total habitable space in residential unit(s) times the current cost for full mitigation in effect when paid ($5.29 per square foot in 1991/92) equals total mitigation. For example: 1 unit @ 1,100 square feet/unit x $5.29 = $5,819; or 1 unit @ 1,280 square feet/unit x $5.29 = $6,771; or 1 unit @ 1,400 square feet/unit x $5.29 = $7,406. i Mr. Larry Painter, Planning Technician February 5, 1993 Page 4 If you have any questions or need additional information, please feel free to contact me at 891-3209. Sincerely, _ Michael Weissenborn Facilities Planner Operational Support Services MW/mkl cc: Stan Hensley, Assistant Superintendent/Operational Support Services Ken Petrucelli, Assistant Superintendent/Operational Support Services • I I ti FILE NO.: 93-16 BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS - March 1, 1993 APPLICANT: Anthony George OWNER: Same REQUEST: Rezone to modify a conditional C-1 zone AP NO.: 042-140-114 SIZE: 1.06 acres LOCATION: Located on the southwest side of Nord Ave. (Hwy. 32), approximately 440' northerly of Oak Way., Chico EXISTING ZONING: C-1 ZONING HISTORY: Zoned C-1 with conditions by Ord. 2618 on Sept. 1, 1987. The conditions of the zone were later amended by Res.90-18 on Jan. 23, 1990 SURROUNDING ZONING: C-2, SR, A-10, and M-2 SURROUNDING LAND USE: Vacant to the west, residential to the east and south, agricultural to the north GENERAL PLAN DESIGNATION: Commercial APPLICABLE REGULATIONS: Butte County Code Sections 24-26 through 24- 29 1 BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS - February 24, 1993 COMMENTS RECEIVED: Environmental Health - 1. Provide sewage disposal by connection to the City of Chico sewer system if available. 2. Provide connection to California Water Service water system if available. Fire Dept. - No Fire Dept. objections Chico Unified School Dist. - See attached letter. Public Works - No comments. ANALYSIS: This is a request to modify the conditions of a conditional zoning agreement that was originally executed on Sept. 1, 1987 by Resolution 87-235 in conjunction with the rezoning of AP 042-140-114 from SR to C-1. The property owner plans to construct a single family dwelling on the parcel with access from a new street that intersects with Oak Way and has found the conditions of the zone prohibitive when applied to a single family residential use. The original agreement listed the following conditions that applied to the development of the property: 1. Owner to sign an agreement to participate in a drainage assessment district when and if the local agency establishes said district in the future and meet the requirements of the Nitrate Action Plan. 2. Any new development or conversion of the existing single family residence to be served by Cal Water. 3. Both parcels to be limited to one common driveway access easement from Hwy. 32 at the common property line, when developed with commercial uses. 4. Install curb, gutter, sidewalk, and drainage upon conversion of the existing single family structure or development of AP 042-140-114. 5. Construct two way left turn lane with standard tapers to Department of California transportation requirements. 6. Contribute a pro rata share, as determined by CDF, for commercial zoning to the cost of the new west side fire station fund. 7. Owner to sign a covenant running with the land that noise mitigation devices including an 8 foot masonry sound wall will be installed as necessary so that 2 I BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS - February 24, 1993 the development and operation of commercial uses will not generate more than 60 dB at the northwest and southwest property lines. 8. All structures shall be located a minimum of 25 feet from the southwest right- of-way of Hwy 32. 9. Exterior lighting shall be shielded from Hwy 32. Condition 2 was later amended by a rezone application in 1990 to read as follows: 2. If and when Cal Water comes within 300 feet of the frontage of the property, the property will be required to connect to Cal Water. These conditions were adopted because of the impacts associated with changing the zoning from SR to C-1 with the anticipation of commercial development. These conditions should not apply to the development of the property with a single family residence as was allowed by the prior zone. This is made evident by the initial study that was prepared for the rezone which clearly discussed the impacts of commercial development. This intent can also be seen in some of the conditions which are specifically tied to commercial improvements. However, because not all the conditions are explicit as to when they are to be implemented, this application was required. The applicant is specifically looking for relief from condition 4, frontage improvements on Hwy 32, especially since he does not intend to access the property from this road. It is recommended that one more condition be added to this zoning which states: "The above conditions shall apply to the commercial development or conversion of a residence to commercial uses." This project can be found exempt from CEQA under the general rule exemption under section 15061 (3), which states: "CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." RECOMMENDATIONS: A. Find that the project is not subject to environmental review under CEQA as per the general rule exemption; and 3 i BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS - February 24, 1993 B. Find that the proposed amendment to the C-1 zone is consistent with the Butte County General Plan because, ; and C. Recommend that the Board of Supervisors adopt a resolution approving the proposed amendment to add a condition to the conditional zoning agreement entered into February 27, 1990 as follows: "The above conditions shall apply to the commercial development or conversion of a residence to commercial uses." CBS:cs Attachments to Commission and Cities: Environmental Documents Site Plan Location Map School Dist Letter 4 _ e '��J /�- .�O PJ � P.P ¢,J o";; °'o n < 4j� o ,`l� y b)`y• ��" ' , ny J - !�°;�� o `• c` •P � c° E^, o ev . �d O > <) 'nm PI ana a � c b %.4�� 7P av y5 y. oN'sonv ., 70 iy, 'S,yl cJ¢ - o,. `o ePI�H I\t,.yc'y� •, •�P o � e,P\[o ¢ ., \as. Q° QP V'/Sb Z` y S d S 1 4r) Pa ¢ac F `ea P Js ° • J Sb it E 4h1 £i t 4v n 3 saua „ ,A`�� ` 3\ �¢• °P �a _ o:' \� r°� S y, ` a torr rl 0. c> •� c i U rL' \ �1 / `Ja° ¢': �0 b°t°5 'ay � �> :.I .J •�`tJt<` ��'�' L� la° !ro 41y \is. - e '�'6S - - q x _ P P%t — 6� ¢• y °' anuany e b�J}� w -- n' PJ r\. 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GEORGE CHICO,CA 95926 -REZONE 93-16 AP#042-140-114 Enclosed is preliminary data our office has received or generated REZONE C-L ZONE WITHOUT THE ZONING concerning the following project: CONDITIONS TO ALT-Ow A SINGI F FAMILY RESIDENCE, AP1047-140-1 1 b LOCATED ON TNF 5011 HERLY SIDE OP l ORP A119APPPQX. 440 FT_ NORTRRRT.Y f1F nAX GiAy l CHIC'- The above project has been determined to be categorically exempt , from environmental review under the provisions of the California Environmental Quality Act. This department is reviewing the application for compliance with applicable County and State requirements, or restrictions that your department may have for this project. Please respond within 10 days of the above date. If no response ' is received within the 10 days, it shall be assumed that there are no concerns or requirements from your department. We appreciate any assistance you can provide. Sincerely, arry Pa" ter Planning Technician Comments: 4D �E u c2Ert TS v2 2ES'C21LTion�S ''tt If F�CEiL /owl LOCA "7 � � t• t !0 tAt: •: ,�•�, S/.• 11.,x, ,K i LOC A T1XI— NAE I �F y. §fiS1S OF Ham_ !/4'IR;`N PIM! ACE1690"I Toto OASIS OF aEAMN61 POP. TMS MAP IS T"C 40 ep,mo 34' IRON 1•IPE RCE I6e03 WIATtw•RLv LINE Of PARCELS 11►2 GIvflt AS rOUt:o RP sp!p., t•:-„ ►'INCN "401'01'[ 011 THAT MAP rIL.EG N Wit fRISTINI WELL ?1 00 MAPS AT PAet 22,OcTTE COUNTY RS.. !.•rL1):>•G SF:C:•'r UNC PE WIN" LiA LCA.^.►1fIEtP fAff AREA I ) RfGORO PtA Ito ON s3A i' REColto P!rt sM J`S:l i::.Tf, Of 193— F.i r►.', Pi AC:,.:Ac:v r `DO Tl+r 4 srx •x • ><1TNY_53 hr ..n•. •�'rli �I 4C� t[f!�0 t•> BUftf CCUhTT INtERSECTiOM ESTAOLISXEO.rAOM TIES 341'O :Oe"t tUR11Nh[0 ffT OVTTE COI NTY 1 16MM'AY ,!t 2tr220 {LI70')t IURVCTpI 23Q2111voo'► - - • b P!ATEA3EMEMT 1• ISE Ci•PttfR LOT 13 �� - $ 239T OR 214 Pr 13.14 PA CEL I _ o 3'd OELOEO TD sum COMRY w I U6 ACRES L2-306e-S230;0n=� 'r 401.t1� ' So.or ` ser•a�t'os"E 431.e7' (WOOdI ' 1 w La fs: �► �t PARCEL 2 x H 3.22 ACRS T Qt14.1eollf N81.OIb1"■ 621 9 / 1 R j23000' t 40►.34 T � 21e� I 31.47' I I / f� 1 - i �T-j7 IT I.1., 1)l1'jf III I �I I lllf ' 1� 1�1' 111lj1 111�1�1 1�111�1 1 1 1 1 1 �1J1 �1 I I(1 1 111 1 111I1�1 .:.. :.'�n,c►1 : 1 A1 rte+l 41i - �' , (7wtocnn �caeLAlsa�111 1� ` va 114 1 1 6 f 221.97' (R1 & C) , 80.00' I N � t^ �, lY •i� �� RI T C 1 CL VICE • � ;nom ....._ . .. I .. .____—.—.------------ � 1^ � f Z �t ` ;7"1 tai •c v f Z 50.00' \ 50.170' 1 ----- - -�---- --60.00' T� I m Im w C11) CD C)0 f (T� I I rq w U N V (a a 1�1 r I I I! w Y` �� _. � BUTTE COUNTY DEVELOPMENT SERVICES DEPARTMENT 7 County Center Drive Oroville, CA 95965-3397 '��M (916) 538-7601 Q i993 Date: 2-2-93a TO: PUBLIC WORKS RE: Administrative Permit review for AND ANTHONY M. GEORGE REZONE 93-16 DRAINAGE DIST. CSA 24 AP#042-140-114 Enclosed is preliminary data our office has received or generated concerning the following project: REZONE C-L ZONE WITHOUT THE ZONING CONDTTTONR Tn AT.T.nW A cTMCT.F FAMILY RESIDENCE- AP#n�?-i rin-T T A T.nrATRD ON TUR S011MRRLY SIDE OR ,ORD A119 AggRG . 440 FT- NnRTRRRT.Y nR nAX WAy CHICO '. The above project has been determined to be categorically exempt from environmental review under the provisions of the California Environmental Quality Act. This department is reviewing the application for compliance with applicable County and State requirements, or restrictions that your department may have for this project. Please respond within 10 days of the above date. If no response is received within the 10 days, it shall be assumed that there are no concerns or requirements from your department. We appreciate any assistance you can provide. Sincerely, arry Pa" ter Planning Technician Comments: ,Vrr✓r Aq A? �- k 4f , w r .y _ COUNTY OF BUTTE FEB ' 2 V93 Land DevelOPment'Sec. C i S i �ff�• 111 l� � �1� ■ OeeVlaCO Tul'I"IVU11,111 � iii.. I!11', D�^�I11,11i.11d'i' ii1IT,I'lf,Icl � �rll �.� l.t.�l1..t.�a.1.c.�11.�� ' t 1 t + C 1141 � sr�0► 9►'tL• 9 — 000LZe Y , sn •-to,10.19M �o,e1.►t•p � 00�� ►� �r a (POOCt) z0-its 3„to,AO.tfit ,zoos •Izlo► � , �rplr_a.:)r�.az — �` �, 1 –7IT 114vu+ = L3tl7r 9n• Ie` ). o w �. -rj 1 AI►Yf00 u1M of 030330 pL .. y I 13�add : •1'r 1 rld%'6 'ens oc-0*14J-:: •' t/ZWDLfiz $ { ► CI 101 bJktl•» ;v + i IN)r13LV)ip;d - —poc-F'=Ta3��'+"-; -------- _ -A .0 - – 1JOA)lwnt sl,oti�} oz>11i ti' AVSW91:: AINY17 1104 AO o3Ni11q�n/ 7„oDCO.IPL �/"'tl0'ZNf L)Il NOrJ'031tL11001Grf IgI173Lb)iNl ILNf107 ilJne <:l Qli3}.1 }k t/' t.” '1•'• rM eSAN11M ..I rWit.!: •S•' J.: JHS 4� :. •''•A "rL s6 OZ e*11 al . '�l 1.a`i'•':5Y 141 "tJ r'd :tw.la rc sun�7 Ni1::I(it 17Yzi d0 dx•:.f /;Ld:'wL v;d 0110630 ,; l vrs No 071 b]d Qu0:134 ( 1 >/3bY JJbJ �1 3111+:vll vil f0W73d 3N11 a. '7.is oNX111•141 - -•5V lib000 311ntt!1ZZ)PVJ 1V s41v* so 41 `.13r. ,k11StlJ Now NS 0711i dvR iVNI NO 3,/0,101," „7Nr•d u, ;+ ;rids db 0;1nos L1/ N1A1. 2YI 11]711041 JO )NI♦ si lvi&" C0911 37b 141.1 NOW ,►ri ONnJ/ Q 31•'1 61 drQ SIOU WDA L9 mdtf3C JO SISWe 3i41 10011 IOW IddId bg'ft1 . LA*, �) 1i71f1QY AL1 >IV >11��r uP �rr -�' .fbfl8',SbT I � Mt 1),M1�:•'/f /7,,11 .♦ ..-?: J►..rY rrnSli�! �I +/ 1 _� ISO. TF 121.97' (RI. &`C) 80.00' N �To t ITI r -- s rn m p Y VICE -i'� ` -17 r i7r) t: v � Z 50.00' 50.oo r c �l _1 70 n�; Im 1w ro m (T, I- 'x IPOr� r. wQ kf 0D fel CU (11 L. N C) a I'1 60.00' r COUNTY OF BUTTE FEB o 2 1993 "and Developmentsec. X042- 140 'n g0_p35154 AGREEMENT THIS AGREEMENT made this 1st day of September, 1987 , by and between "First Party" , as identified in item (a ) of Exhibit 1 of this Agreement, and the COUNTY OF BUTTE, a political subdivision of the State of California, herein called "Second Party" . W I T N E S S E T H WHEREAS, First Party is the owner of real property, herein called the "Property" , situated in the County of Butte, which Property is described in Item (f) of Exhibit I of this Agreement; and WHEREAS, the Property is now zoned as specified in Item (b) of Exhibit 1; and WHEREAS, First Party has applied for a reclassification of zoning of the Property pursuant to which application the Property is being reclassified from its present classification to the classification or classifications specified in Item (c) of Exhibit 1; 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, it has been 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 specified in Item (c) of Exhibit 1 is being granted, .the said reclassification shall be subject to the conditions specified in the following paragraphs : 1. That Exhibit 1, as completed and attached hereto, is incorporated into and made a part of this Agreement with the same force and effect as if fully set forth herein. 2. That First Party shall construct and comply with all the following conditions : 2a. Owner to sign an agreement to participate in a drainage assessment district when and if the local agency establishes said district in the future and meet the requirements of the Nitrate Action Plan. 2b. If and when Cal water comes to within 300 feet of the frontage of the property, the property will be required to „_ r � ' - $r'P 1 V1 sottn parcels to be limited to one common driveway GOM�1• acce---s easement from Highway 32 at the common property line when C)o developed to commercial uses . 1 2d . Install curb, gutter, sidewalk andrainage upon conversion of the existing single family structure CJ development of AP 42-14-114 . i . 2e. Construct a two-way left turn lane with standard tapers to Department of California Transportation requirements . v T1tE,� 2f. Contribute a pro rata share as determined by CDF for commercial zoning to the cost for the new west side fire station fund. 2g. Owner to sign a covenant running with the land that noise mitigation devices including an 8 foot masonry sound ("d�4 M' wall will be installed as necessary so that development and operation of commercial uses will not generate more than 60 dB at the northwest an southwest property lines. ; 2h. All structures shall be located a minimum of 25'. feet form the southwest-.rig -of-way of Highway 32. f 2i.. Exterior lighting shall be shielded from Highway 32 . 2j . Applicant must also comply with all other applicable State and local statutes , ordinances , and regulations . 3 . In the event First Party, any successor ini interest of First Party, or any person in possession of the ' property described in Item (f) of Exhibit I violates or fails to perform any of the conditions of this Agreement within thirty ; ( 30 ) days after notice thereof as provided in Paragraph 5, the ', Board of Supervisors of Second Party may instruct the County ! Counsel of Second Party to institute legal proceedings to enforce , the provisions of this Agreement. ' The Board of Supervisors of ', Second Party may also initiate proceedings to rezone the property to the classification specified in Item (b) of Exhibit I or any { other suitable classification. 4 . Notice of violation of provisions of this Agreement shall be sent to First Party at the address specific in Item (d) of Exhibit 1 and to the street address of the property t described in Item (d ) of Exhibit 1. Any subsequent title holder, any lien holder, or party in possession of the property shall j also receive notice of such violation at an address other than as specified in Item (d ) of Exhibit 1 by filing with the Clerk of the Board of Supervisors of Second Party the address to which the notice is to be sent, with reference to this Agreement and the REsolution authorizing its execution. • �• `� a- Z •�`. �`• ' t1i 1 { I QQGG GG//ww 1.l.pl •1 ti'I �f SEA• ..' %f plops 1w..tf .fir.• t• 1 rT r.,ar L •�'• j , r � j i AA3I1 OF UCAaINGA (� pct !/4-111:"PIP! ACI 14001 THE GAMS OF NEAAIN63 POP TMS MAO.13 111E 0 ILWNO 304' IAO" PIPE ACE 14603 W)"It!RLt LILAC Or ►ARCtLE is& Give." As { A Too►rD RP ir!r.' •!'H ►'.1"CM 30.09'07"I ON THAT YAP FILED N 9OD1t 19 f RiSTIH9 'wEit T9 Or MATS AT FASC 22,NUT TE COUNTY ' IIS,. I.,ILt1:hG SF:e:•'r, LI"[ PE CON" LFA IAA-:MF+EILO #ACV ARIA } AECARO PEA.I,',)? Ok 63>• ( it RECORD P•'A SWAMI? s`nUCI OF Dt'M:ALDY)1:':!� COV rt T 7f Bl'1'7 is • '' STI: �9— I::.' '1: „+ T!1. 'nl�`t'Y Q {GESS `p4 TXr „ )pI..�7 ;4 SPX ►><i! •�" •111 40' (Ac!fo 11) Buff( CO hTT INTtASECTION ESTASLISHEDf.NOM TIES H2.QR.,•L2Q_', Se1.O�De"E FURYISH[D QY NUTTII CoL;NTT .16MMAY 12 jITj20 1!170'1! NURVETOR W. PTSIT CASEMENT N E CZ•PHf R LOT 13 A �+ C 2397 an 274 1 1 - 1 1 PM 13.14 PA CES 1 _ ~ 3C MDED TQ 91071 CDMRY r" w , 06 RES _ n g IiLf OR iTt– I + e•�� , C 1 30 t01.21� 3002' Z 6� 12 30.Od1 ser ortG g(r�tsl.esv+z1.QodClw�j"P� 6.0 15) I w 1 W G� _.•—�I .2 • 4 � In Q �_! b 1 N I N PARCEL 2 +"''�.^'Ll-�(Sc�►�U X11 -w s : « 322 ACHES "�{Ovl n . f 114'44T X41.01'07"• 623 ' ff R a2sooc' eor3, 1 21� 1 L r 3L19 1 I rfwRa\� � T..T .Tj:�. .t..� ,)) ) Ir 11 /: I � 1 its tLvIt �f�� 11� � f„ iii Ott tip 81 KA0 t(/i�� !�I:!1!'11 •'R� !�� ' �'r-rA� q t,^���~�� �TI(1� A&M c. a„ � ' �. SUS 7'22N. R. /E. M. D. B. S M. 43-63 J , BK 43 123 04 .s�Ac;gA !2 N, 060O 9 TO / p o i0 B 5' : i n l► `DO "-/ 0�Q. j� �• 660 /O ✓ s 0Q c SFS ee ' r coo � O r ~ � ll4'F✓�` �o �! 69 c GLEN HAVEN p 70 tp m .o,�e24t. l ' ti 9 ss ESTATES i9:2 i i W7 °i iO.y�9q FF 62SBo 15 OAK WAY 51 7 660 70t.77 -186183183199 s7 �. 136 1,.F* 43 121 3112 2 1 . 89 \ 1.a�rti „ 1 2.0 A 2C. 2' O 1.01AC I r32& LWAC I 3 1 sa.r Q 15.OAc 0,4:K. w,sr ES' rArEs 76 1.01 OAK WAY MANOR PM 75-9496 ' A/ s' 59N2 4712.53 SS s�.a 57 5 I 41 1314.66 ; i V 13.4 AC. 6 42 t 6](5] 55 I GAIWAY 3 I ; PARK RS 96-30 C �� ' 10.3-9,4z �llt(J153 O1 t ' PAf 44-70 C• ;►4 47 660 0.5 $ 225. RS 120-86 /5 As. 2nd Sub. M.O.R. Sk. 5 Pg. 27 REVISED: 10-92 'C, w e� �.•� • `\ ,. .� LAW OFFICES OF ROBERT L. MILLAR ATTORNEY AT LAW I 1600 HUMBOLDT ROAD, SUITE 4 � CHICO, CALIFORNIA 95928 (916) 342-8690 FAX(916) 342-1383 A I , ` December 22, 1992 I Butte County Planning Department ATTN: Betty Kircher 7 County Center Drive Oroville, California 95965 RE: AP # 42-14-114 TONY and DEBBIE GEORGE Dear Ms. Kircher: This office represents Tony and Debbie George. My clients are under the impression that someone in your office has interpreted the 1987 agreement (see enclosure) , to include residential dwellings. As I read the agreement it seems clear to me that the purpose and intent of the agreement was in contemplation of commercial development. Would you please clarify for me any misunderstanding that I might have and provide me with the reasoning of benefits derived in applying commercial restrictions to a residential development. My clients have expended a lot of. time and energy into their new home and 'co now be told that there . are expensive res—fictions obviously creates an undue financial burden. Ver y urs, . MILLAR 4 d RLM:dj Enclosure d - - - ., _ i • Environmental Health BUTTE COUNTY DEVELOPMENT SERVICES DEPARTMENT FEB 0 2 1993 7 County Center Drive Oroville, CA 95965-3397 PIanniPg O�r,Irtment Oroville;California (916) 538-7601 FE 9 16 3993 Date: 2-2-93 orovilfe,Oaii,01raia I TO: ENVIRONMENTAL HEALTH RE: Administrative Permit review for ANTHONY M. GEORGE -REZONE 93-16 AP#042-140-114 Enclosed is preliminary data our office has received or generated REZONE C-L ZONE WITHOUT .THE ZONING concerning the following project: CONT mnN4 To ATT nw A cTmrLE FAMILY BRSIJ)EtJCE_ AP#049-140-1 11, T O ATFn ON TNF S011TNRRLY 2-1-DE Q NOR--AVE. �4ggRe9 440 FT_ NORTRFRT.Y (1F nAK GTA.Y-, CHIP. The above project has been determined to be categorically exempt from environmental review under the provisions of the California Environmental Quality Act. This department is reviewing the application for compliance with applicable County and State requirements, or restrictions that your department may have for this project. Please respond within 10 days of the above date. If no response "is received within the 10 days, it shall be assumed that there' are no concerns or requirements from your department. We appreciate any assistance you can provide. Sincerely, arry Pr Planning Technician c Comments:`/ <i x,50 _ P �-- C. Q C ( � 1 } r �1. 11 ..��E'::s:,. tt J I� 1 iae►e�a�i��P��c�ee►�t P BUTTE COUNTY DEVELOPMENT SERVICES DEPARTE 10 E V E D 1993 7 County Center Drive Oroville, CA 95965-3397 FEB 41993 oKqfla (916) 538-7601 DEPARTMENT OF FORESTRY BUTTE COUNTY Date: 2-2-93 TO: COUNTY FIRE DEPT/CDF RE: Administrative Permit review for ANTHONY M. GEORGE -REZONE 93-16 AP#042-140-114 Enclosed is preliminary data our office has received or generated REZONE C-L ZONE WITHOUT THE ZONING concerning the following project: CONDTTTON4 Tn AT.T.nw A STmaT F FAMILY RES11)RNGE AP1049-140-1 1 L1 LOCATED ON TUF SOUTURRI-Y EIDE QFNORD AVR: A1212E9y 44o FT_ NnRTRRRT.Y nF L1AStiAY, CNICo- The above project has been determined to be categorically exempt from environmental review under the provisions of the California Environmental Quality Act. This department is reviewing the application for compliance with applicable County and State requirements, or restrictions that your department may have for this project. Please respond within 10 days of the above date. If no response is received within the 10 days, it shall be assumed that there are no concerns or requirements from your department. We appreciate any assistance you can provide. Sincerely, arry Pa" ter Planning Technician Comments: ¢� } so B/DWE"-L-L 2nd SUB. T. 22N. R. /E. 42- 14 10, M. D. 8 a N. • C t - S(�'�J BK 43 .4 723 4°' 2 ms04 9' 04 -- �• - 124 a 3 •�o. _ -___ - --- �'?.�;o y 3AcgO 725 4 e' r, IL ti o s yO Flo .4 126 126 +� / O e SO -.4\AC o .� fo 200' `�` ;•z a� Ivq� BK 43 c C-R; y 4�` eo ,O S) 1. 'P 4� / 1-35 s&I 90, / in ~I+. /3 z7 69 � •F�4 ? Sqc � ° '� � �� .B.E. /2-4-6-/ .3 ofti. ®, GLEN HAVEN O 70 0 m m '/i96.'4� 9 - / /50.33 ,_ /s2.9s p a 'ss °� i3 92 5 9 t. 0 2 ESTATES 18:2 Q : z t. ' °' .oE'•t+� s 6 1@5 so 2' �i�qq�F �'se B/� 43 bi =.4s 4/ a m :T 6 9 6'yf�r 9 `�. JSQ31 1 * AeJIi.93 W OAK WAYs c,T �9 W42 Io 42 ® N.A.P.'o i ,3 " 660 '" 9z 86 e3 83326 .35 795AC. JOB 350 F Wr.a , 43 121 3-1r 2 /i l I 136 89 2.0 so 44 Eau 23 �%n i` 2 1 AC. 0 LO/Ae mi I = r321r J3ZAe 1• ' j 3 OAK WAw MANOR v PM 73-94ft I war Esr . 34 4712.53 5e374.53 � 57 ; ; S � 0 SAC.� BK 4,3 4r /314.6 .-. 9.56AC. 13.4 AC. 6;4 I r 66 SS 29 [T2 PARK RS 96-30 O PM 92-4 PT OF S3 1 f, X53 0 ? ,�- /0.39,4c. :14.3� t PM 44-70 1 660 0.s $ 225. RS 120-86 Assessor's Map leo. 42- 14 ` County of Butte, Calif. Bidwell Zed Sub. M.O.R. Bk. 5 Pg. 2T REVISED: /0-92