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REZ 03-03_PLANNING
SEPARATOR SHEET aPN 160 0 19 -PROJECT NUMeEa R 03 AA PROJECT STJMMARY SHEET FILE#: REZ 03-03 PROJECT TYPE: Rezorie APPLICANT: John McLaughlin ADDRESS: P. 0. Box 52,Forest Ranch, CA 95942 OWNER: John McLaughlin ADDRESS: same REPRESENTATIVE: Northstar Engineering ADDRESS: 20 Declaration Drive, Chico,CA 95973 PROJECT DESCRIPTION: to rezone a parcel from TM-5(Timber Mountain-5 acre parcels)to TM;?,�<2(Timber Mountain- acre parcels) PROPERTY ZONED: TM-5 (Timber Mountain; 5-acre parcels) LOCATED: at the end of Christina Drive,approximately 1,200 feet southwest of Forest Ranch Road,approximately 200 feet north of the intersection of Forest Ranch Road and Deer Creek Highway,Forest Ranch AP#: 063-180-019 TOWN/AREA: Forest Ranch GENERAL PLAN DESIGNATION: LDR(Low Density Residential) 1. Application accepted: April 4, 2003 Amount: $ 2,516.00 Receipt#: 21069 2. Comments sent to: Environmental Health,LAFCo,County Counsel, Development Services Director, Assessor, Public Works Director,Agricultural Commissioner,CDF,Department of Fish and Game, Chico Unified School District 3. Comments received from: _ 4. Rezone Petition Signatures Checked: _ 5. Mailing List/Lead-in Sheet: 6.. Assigned To: Craig Sanders 7. Environmental Determination: 2,0o3o g2oq State Clearinghouse No' Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration i Subject to Fish&Game: Environmental Impact Report Gen. Rule Ex. -CEQA# 15061.(bx3) Other 8. Staff Report: Project Video: 9. Clearinghouse circulation required:(Des No Date Sent to SCH: j 10. 'Publication Notice Written: �� �a' 'o3 Display Ad Prepared: 11. Notices Mailed: Number of Notices: o[� 12. Newspaper Publication Date: �� 1a'2743 0/ C 1 P G B �— GG 13. Planning Commission Hearing(s): Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors' Hearing(s): R, m f, Action taken: ' Board Resolution No.: Ordinance No: 587 X Adopted: a 15. Type Rezone/Send for signature: 16. N.O.E. /toAPPENDIX APPENDIX G: Fish & Game Fees Paid: Yes No 17. Sendv dated Rezone: 18.' Asse s 's Memo: 19. Copy of ezone/Variance to Planning Technician: 7 County Center Drive -Oroville,California 95965 - 530-538-7601 -FAX 530-538-7785 td BUTTE COUNTY BOARD OF'JUPERVISORS MIN®ES-FEBRUARY 24, 2004 0404-007 Public Hearing - Rezone - John McLaughlin - consideration of a rezone of a 10 +/- acre parcel from TM-5 (Timber Mountain - 5 acre parcels) and PUD (Planned Unit Development) to TM-1 (Timber Mountain - 1 acre parcels) . This is a project on which a notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given. A conditional rezone is recommended that would allow no more than 4 parcels on the parcel site and prohibits second dwelling units: The property is located at the end of Christina Drive, approximately 1, 200 feet southwest of Forest Ranch Road, approximately 2, 100 feet north of the intersection of Forest Ranch Road and Deer Creek Highway, Forest Ranch, and identified as APN 063-180-019 - action requested - THE PLANNING COMMISSION RECOMMENDS THE BOARD FIND THE PROPOSED REZONE CONSISTENT WITH THE GENERAL PLAN AND TAKE THE FOLLOWING ACTIONS : 1 . SUBJECT TO FINDINGS I (A-E) , AS DETAILED IN THE AGENDA REPORT DATED FEBRUARY 24, 2004, ADOPT A MITIGATED NEGATIVE DECLARATION; 2 . FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS HAS THE POTENTIAL TO SIGNIFICANTLY IMPACT OAK TREES AND DEER HERD HABITATS AND DIRECT THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711 .4 AND 14 CCR 753 . 5; 3 . SUBJECT TO FINDINGS IIIA-F) AS DETAILED IN THE AGENDA REPORT DATED FEBRUARY 24, 2004, APPROVE REZONE REZ 03-03 FOR JOHN MCLAUGHLIN ON APN 063-180-019 FROM TM-5 (TIMBER MOUNTAIN - 5 ACRE PARCELS) AND PUD (PLANNED UNIT DEVELOPMENT) TO TM-1 (TIMBER MOUNTAIN - 1 ACRE PARCELS) ON A 10 ACRE PARCEL, AND ADOPT AN ORDINANCE, INCLUDING A CONDITIONAL ZONING AGREEMENT, AND AUTHORIZE THE CHAIR TO SIGN; AND 4 . FIND THAT THE CONDITIONAL ZONING AGREEMENT SHALL CONTAIN THE FOLLOWING CONDITIONS: 1) THE PROPERTY SHALL NOT BE DIVIDED INTO MORE THAN FOUR (4) PARCELS; AND 2) NO SECOND DWELLING UNITS SHALL BE ALLOWED ON THE PARCELS CREATED BY A LAND DIVISION OF THE PROPERTY. (SB [REZ 03-031 FROM 1-27- 04/3 . 08) (2525) PUBLIC HEARING OPENED: 10 :36 A.M. PUBLIC HEARING CLOSED: 11 : 17 A.M. 0404-007 MOTION: SUBJECT TO FINDINGS I (A-E) , AS DETAILED IN THE AGENDA REPORT DATED FEBRUARY 24, 2004, I MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION; FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS HAS THE POTENTIAL TO SIGNIFICANTLY IMPACT OAK TREES AND DEER HERD HABITATS AND DIRECT THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711 .4 AND 14 CCR 753 . 5; SUBJECT TO FINDINGS IIIA-F) AS DETAILED IN THE AGENDA REPORT DATED FEBRUARY 24, 2004, FURTHER MOVE TO APPROVE REZONE REZ 03-03 FOR JOHN MCLAUGHLIN ON APN 063-180-019 FROM TM-5 (TIMBER MOUNTAIN - 5 ACRE PARCELS) AND PUD —MINUTES 1 FEBRUARY 24,2004 2A. BUTTE COUNTY BOARD OFU PERVISORS MINU'T'ES-FEBRUARY 24, 2004 (PLANNED UNIT DEVELOPMENT) TO TM-1 (TIMBER MOUNTAIN - 1 ACRE PARCELS) ON A 10 ACRE PARCEL, AND ADOPT ORDINANCE 3872, INCLUDING A CONDITIONAL ZONING AGREEMENT, AND AUTHORIZE THE CHAIR TO SIGN; AND MOVE TO FIND THAT THE CONDITIONAL ZONING AGREEMENT SHALL CONTAIN THE FOLLOWING CONDITIONS : 1) THE PROPERTY SHALL NOT BE DIVIDED INTO MORE THAN FOUR (4) PARCELS; AND 2) NO SECOND DWELLING UNITS SHALL BE ALLOWED ON THE PARCELS CREATED BY A LAND DIVISION OF THE PROPERTY. S M VOTE : 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) f I 2 MINUTES FEBRUARY 24,2004 It was moved by Commissioner Marin, seconded by Commissioner Lambert, and unanimously carried to take the McLaughlin project out of order. John McLaughlin proposed Negative Declaration with mitigation measures regarding environmental impacts, Rezone to rezone a 10± acre parcel from TM-5 and PUD to TM-1 (Timber Mountain, I-acre minimum parcel size)and Tentative Parcel Map to divide a I0± acre parcel into four 2.5t acre parcels for residential development on property zoned TM-5. Sewage disposal for future dwellings on the site would be provided by individual, on-site septic systems. Domestic water would be obtained from individual wells. Each of the proposed parcels would front on the Christina Drive cul-de-sac. APN 063-180-019 (SB) (REZ 03-03/TPM 04-04) Mr. Betts gave a brief summary of the project and a power point presentation. He noted that they received numerous letters. He said the concerns center around low quantities of ground water in the area. He noted that traffic is also a concern. He said that 5-acre and 2.5-acre zoning are not consistent with the Low Density Residential General Plan designation. The hearing was opened to the public. Doug Southerland, North Star, said they do not want to go down to 1 acre parcels at this time. He said the surrounding parcels range from%acre to 5 acres. He discussed some of the concerns in the letters sent in. 1. Availability of water: Condition 32 addresses this. He said he has an existing well on-site is 570 feet deep. 2. Septic: Parcel has been looked at and approved for this density. 3. Drainage: Addressed in Condition 20. 4. Fire: Addressed in Mitigation Measure 7,Condition 25. Condition 28 addresses access and addressing. 5. Police. Served by Butte County Sheriff Department. Condition 8 addresses this, and 6. Animals: There is a designated development area that is approved by the Department of Fish and Game and Mitigation Measure 2 restricts the clearing Of the vegetation and Mitigation Measure 3 restricts the fencing. Chairman Leland asked about the water being available out of the neighbor's water supply. Mr. Southerland said the water would be from water under their property. John McLaughlin said the ridge has been known to have problems before there was deep well technology. He explained the different depths of water in the area. There was a brief discussion. He did not feel that water was an issue if the well goes deep enough. He said Forest Ranch could use some growth to support the schools. Charmion Nelson said that the people in the area do not want parcels under 5 or 10 acres in size. She said this is a very narrow ridge. She said they do not have the kind of land that will support 1 acre parcels. She said fire is a problem and the Fire Department in the area is down to half the personnel it should have. She also felt there would be a problem adding additional residences because it usually adds additional dogs to the area. She was also concerned with the well water. Carry Allen said he supports Mr. McLaughhh's right to split the property, but would like to see it rezoned to a 2.5-acre parcel or higher instead of 1 acre parcels. ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■JANUARY 8,2004 ■PAGE 11 ■ Cyril Straub submitted some pictures showing that parking is dangerous along Forest Ranch Road when people can not get into their property because of snow and more cars would make it more dangerous. He was concerned his well would be contaminated if more septic systems are put in. He .said the property should remain at 5-acre parcels. He discussed removing trees and moving dirt if construction is allowed. He felt the property should be divided into two parcels only. Russ Claridge said he did not have a problem with the property being split into 2.5-acre parcels,but not 1 acre parcels. He said he lives in a trailer court and is concerned with septic runoff problems. He noted that Mr. McLaughlin has stated that he does not want 10 one acre parcels. Kathy Esh was against the 1 acre zoning. She said the area is known for its poor water supply. She recommended if this is approved that there be a community well. She said she would like to see the report on the septic. ,She said when the rezone was done in the area before,she hoped that the Board would still support that zoning. She said fire is a problem and exit routes are a problem. She did not want to duplicate the problems Paradise has. She said they need to look at cultural resources in the area. Tennis Copper said he has a deep well. He said the shallow wells are not dependent on the deep wells for water, that they are two different sources of water. Chairman Leland suggested doing a Conditional Zoning Agreement limiting the split to 4 parcels only. Liz Thomas said she wants the open space,peace and tranquility that are there now. She asked for time to have a community meeting. She was not in favor of 1 acre parcels, but 2.5-acre parcels would be workable. Mr. Claridge said that TM-1 zoning will open up future property to be zoned 1 acre and will cause future problems. Mr. Southerland said he would agree to limit the division to 4 parcels only. Mi.McLaughlin said that under his current plan the four dwellings will be on one community well. He said the subject area is covered with brush and is a fire hazard. He said adding three homes will decrease the hazard as the parcels are developed. He said expansion will happen in this area,but it needs to be done properly. Charmion Nelson said there are no assurances if they drill a deep well that they will get water. The hearing was closed. 'Commissioner Lambert asked about the well, individual wells or one well. Mr. Fogel said the applicant can have only one well for the 4 parcels,but he would allow individual wells also. ■BUTTE COUNTY PLANNING COMMISSION i MINUTES ■JANUARY 8,2004 ■PAGE 12 ■ Commissioner Lambert asked about the potential for second dwellings on the TM-1 property. Mr. Betts said in the TM zones second dwellings would not be allowed because it is in a rural area. Commissioner Marin said that this application is a good proposal for Forest Ranch and he was in favor of the project. Commissioner Lambert said that Mrs.Nelson and the neighbors worked very hard to maintain this area as it is. Commissioner Marin said there have been many changes in the area since the last rezoning. Commissioner Evans asked Mr. Fogel about what it takes to satisfy Condition 32 regarding water. Mr.Fogel said if each parcel has a well,no clearance will be given until the water condition is met. He said there are standardized quantities that are required. r. Commissioner Evans asked if Mr.Fogel reviewed soil tests to see if 2.5 acres would work and how small could a parcel go with good soil. Mr. Fogel said the parcels could go down to 1 acre. Commissioner Evans discussed the archaeological survey. He said in 1976 the Board approved a rezone with the stipulation of sufficient water being approved. He said he was comfortable with rezoning this property. He said he would like to restrict the division to 4 parcels with no further division being allowed. Mr. Wannenmacher said a Conditional Zoning Agreement could be recommended to the Board of Supervisors. Chairman Leland asked if the Commission can recommend approval of 1 acre zoning,but limit the division to 4 parcels with no second dwellings allowed. He asked a direct question to Mr. McLaughlin. Mr.McLaughlin said the CCRs will only allow one dwelling per parcel. He said he would not agree to allowing a further parcel split on 2 of the parcels. Commissioner Lambert was in favor of limiting this to 4 parcels with only 1 dwelling per parcel. Mr. McLaughlin said he would agree to that. Commissioner Evans asked about recommending 2.5-acre zoning. Mr. Wannenmacher said the Commission can raise the issue with the Board. ■BUTTE COUNTY PLANNING COMMISSION MINUTES JANUARY 8,2004 PAGE 13 ■ Commissioner Evans asked if the Commission supports the TM-1 with the restriction that there be no further divisions beyond 4 lots, would the recommendation be that simple. Mr.Wannenmacher said this would take a Conditional Zoning Agreement as in the case of 14 Mile House applications. Mr. Betts said he thought there was a Conditional Zoning Agreement and notes on the map saying the lots had to meet a certain configuration and would need to add conditions to the map to address , this'. Commissioner Lambert suggested they go to TM-1, 4 parcels, 1 dwelling unit per parcel, with a minimum of 1 acre zoning to comply with the 1 acre zoning. Mr. Betts said the map before them is for 4 parcels of 2.5 acre parcels. The map submitted is the map the applicant wants. It was moved by Commissioner Marin to recommend approval of the Rezone and Tentative Parcel Map as written. The motion dies for a lack of a second. Commissioner Evans agreed with the findings to approve this and he did appreciate that there will be people who are opposed to any kind of land division or rezone. He said that the local desire does include some of the findings that the Board of Supervisors made before that they would be open to some changes and there are people who do support this project. It was moved by Commissioner Evans, seconded by Commissioner Lambert, and carried to recommend approval of the Rezone 03-03 for John McLaughlin subject to the findings and conditions in the staff report dated 1/8/04, that the recommendation to the Board on the rezone include a Conditional Zoning Agreement that the restriction for these lots to not have second dwellings and for the parent parcel that is being divided to have the restriction that no more than 4 lots can be created and to adopt TPM 04-04 subject to the conditions listed in Exhibit A. AYES: Commissioners Lambert and Evans, and Chairman Leland NOES: Commissioner Marin • ABSENT: Commissioner Nelson ABSTAINED: No one I. Adopt a Mitigated Negative Declaration with the following findings: A. Two Initial Studies—one for the Rezone to TM-1 and one for the Tentative Parcel Map-were completed in compliance with the California Environmental Quality Act. Said studies identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■ JANUARY 8, 2004 ■PAGE 14 ■ B. The Planning Commission has considered the proposed Mitigated Negative Declaration together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Studies and any comments received, there is no substantial evidence that the Rezone and Tentative Parcel Map for John McLaughlin, Planning Division File Number REZ 03-03 and TPM 04-04, would have a significant effect on the environment. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County,which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, with Mitigation Measures 1 through 10,as detailed in the Agenda Report dated January 8, 2004. III. The design of the proposed project improvements has the potential to significantly impact oak tree and deer herd habitats: The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5. is required. III. Recommend to the Board of Supervisors approval of an Ordinance rezoning from TM-5 (Timber Mountain, 5-acre parcels)and PUD(Planned Unit Development)to TM-I (Timber Mountain,, l-acre parcels) for John McLaughlin, identified as APN 063-180-019, with the following findings: A. The proposed TM-1 zone is listed as a consistent zone with the Low Density Residential General Plan land use designation. B. The property is adjacent to other residentially zoned property, including a TM-1 zone, and is located in proximity to other similar-sized residential developments. C. Access to the property is provided by private road connection to Forest Ranch Road, a County road capable of accommodating the additional vehicular traffic generated by this Rezone. D. The Environmental Health Department indicates that soil conditions are capable of supporting on-site sewage disposal systems at the density proposed by the Rezone to TM-1. E. The proposal is not incompatible with any adjacent agricultural operation, since no agricultural operation is adjacent to the project site. F. The property is reasonably accessible to commercial services and schools. IV. Approve Tentative Parcel Map 04-04 for John McLaughlin, subject to the conditions found in Exhibit"A" and the following findings: ■ BUTTE COUNTY PLANNING COMMISSION■MINUTES ■ JANUARY 8,2004 ■PAGE 15 ■ A. The proposed map is consistent with the Butte County General Plan Goals and Policies,particularly Land Use Element Polices: 3.2.a. Residential densities shall be correlated to soil, slope and other natural site characteristics. 3.2.b. Correlate residential densities to availability of water and sewage disposal and proximity to other public facilities. 3.2.c. Relate residential densities to intensity and compatibility of adjacent uses. 3.2.d. Balance residential densities with traffic-carrying capacities of existing and proposed circulation plans. 7.1.a. Consider fire hazards in all land use and zoning decisions, environmental review, subdivision review and the provision of public services. B. The design and improvements of the proposed subdivision are consistent with County standards and policies provided all conditions of project approval are complied with. C. The project is physically suitable for the use and density of the proposed development because of the proposed parcel sizes provide adequate soils for leachfields, well locations and building sites that will not result in significant physical changes to the property. D. The design and improvements of the project will not cause public health or safety problems due to the large parcel sizes, and because the project site does not contain any significant physical characteristics that could cause health or safety concerns with the provided mitigations. E. The design and improvements of the project will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision provided the attached conditions are met. F. The project site is not within a 100-year flood zone or an earthquake fault zone. G. Approval of this project will not be detrimental to the public health, safety, and welfare provided the required conditions and mitigation measures are complied with. H. The sizes of the proposed parcels, at 2.5t acres,are consistent with the Low Density Residential General Plan land use designation and with the proposed TM-1 zone. I., The project would result in Christina Lane providing sole legal access to 7 parcels. This number of parcels is consistent with Butte County Code Section 20-133. ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■JANUARY 8,2004 ■PAGE 16 ■ J. Residential development on the project site is required to comply with Public Resources Code 4290 (Fire Safe Regulations) and all residential structures are required to have an interior fire sprinkler system. EXHIBIT A Tentative Parcel Map for John McLaughlin on APN 063-180-019, File # TPM 04-04: An application for a Tentative Parcel Map to divide a 10± acre parcel into four 2.5f acre parcels. I. CONDITIONS OF APPROVAL: Planning Division 1. Mitigation Measure # 1: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction,water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum,this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. C. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation." Plan Requirements: The requirements shall be shown on grading plans and included as a note on future recorded maps. Timing: The requirements of this measure shall be adhered to at all times during all site development activities. Monitoring: The Department shall ensure that measures are indicated on the plans. Public Works Grading and Building inspectors shall spot check; Grading and Building shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 2. Mitigation Measure # 2: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "A plan prepared by a certified arborist;botanist or landscape architect that shows the existing on-site mature oak trees, located in any area proposed for buildings and vehicular access, and provides for methods to protect the trees identified to be preserved, shall be submitted for review and approval by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The removal of mature oak trees shall be minimized,where ■BUTTE COUNTY PLANNING COMMISSION ■MINUTES ■JANUARY 8, 2004 ■PAGE 17 ■ possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter,4 feet from ground level. Mature oak trees removed shall be replaced on a 3-to-1 ratio,utilizing existing oak tree stock. Each oak tree to be preserved shall be surrounded by a circular zone (minimum 40-foot radius) identified by an orange fence during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the fenced area." Plan Requirements: The above note shall be placed on the Final Map. Timing: The tree plan shall be submitted to the Planning Division for review with future • building permit applications. Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on the Final Map. Public Works Grading and Building inspectors shall spot check; Grading and Building shall ensure compliance on-site. 3. Mitigation Measure # 3: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Fencing for areas other than residential areas shall be limited to a maximum of five (5) wire strands. The lowest strand shall be at least sixteen(16)inches above the ground and the upper strand shall be no higher than forty-eight (48) inches above the ground." Plan Requirements: The above note shall be placed on the Final Map. Timing: The requirements of the condition shall be adhered to at all times. Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on the Final Map. Building inspectors shall spot check; and Building shall ensure compliance on-site. 4. Mitigation Measure # 4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "At the time of building permit application, pay the applicable Deer Herd Impact fee(s) currently in effect." Plan Requirements: The above note shall be placed on the Final Map. Timing: The required fee shall be paid at time of building permit issuance,if adopted or in force at the time of application. Monitoring: The Department of Public Works and the Planning Division shall ensure that the required notes are placed upon the map. The Building Division shall collect the fees at the time of building permit issuance if the County adopts the fees. .5. Mitigation Measure # 5: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Should grading ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■ JANUARY 8,2004 ■PAGE 18 ■ activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human-skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered,State law requires immediate notification of the County Coroner. Should the County.Coroner determine that such remains are in an archaeological context,the Native American Heritage Commission in Sacramento shall be notified immediately,pursuant to State law,to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The above note shall be placed on the Final Map. Timing: This measure shall be implemented during site preparation and construction. Monitoring: Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 6. Mitigation Measure # 6: Prior to recordation of any parcel or subdivision map on the project site the segment of Humboldt Road on the project site shall be formally recorded with the Northeast Information Center of the California Historical Resources Information System at California State University Chico. Plan Requirements: None. Timing: This measure shall be implemented prior to recordation of the Final Map. Monitoring: The Planning Division shall not sign off on the Final Map until such time at the road segment is formally recorded. The Land Development Division shall not cause the Final Map to be recorded until the road segment is formally recorded. 7. Mitigation Measure # 8: Execute a deed restriction and place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Dwellings shall not be constructed within 100 feet of the edge of nearest travel lane on SR-32 unless a noise analysis is performed by a certified noise analyst and appropriate construction and noise attenuation methods are incorporated into the dwelling to reduce 'interior noise levels to 45 dB or less." Plan Requirements: The note shall be placed on the Final Map and attached to all executed deeds. Timing: The note will become effective at the time of building permit application. Monitoring: Building Division plan examiners shall ensure that no residential building .permits are issued in violation of the note. ■BUTTE COUNTY PLANNING COMMISSION ■MINUTES ■JANUARY 8,2004 PAGE 19 ■ 8. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "A development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3,Article II of the Butte County Code,prior to issuance of building permits. The fee amount will be determined and calculated as of the date of application for the building permit." 9. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permits." 10. The Tentative Parcel Map for John McLaughlin, File # TPM 04-04, shall not be recorded until such time as the Butte County Board of Supervisors adopts an ordinance rezoning the property to TM-1. 11. Prior to recordation of the Final Map,pay any outstanding project-related processing fees, and/or Department of Fish and Game fees. Land Development Division 12. Prior to, or concurrently with the recordation of the Parcel Map, provide a fully executed road maintenance agreement on the County approved form. -13. Provide street name signs per requirements of the Department of Public Works prior to recordation of the Parcel Map. Street names shall be approved by the County Address Coordinator prior to the recordation of the Parcel Map. 14. Provide a cul-de-sac,designed and constructed to county standards as specified in the County Improvement Standards. The Parcel Map shall show the cul-de-sac. 15. - All access rights shall be reserved by deed,per County Ordinance,and offered for dedication and depicted on the Parcel Map. 16. The developer shall provide all necessary traffic safety signs including stop signs. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Parcel Map stating: "No public entity shall be responsible for the maintenance of the stop sign. In accordance with Civil Code Section 845, ; maintenance of the road, including the stop sign shall be shared by those properties with a legal interest in the private right-of-way or easement." 17. Pay the recording fees then in effect for recording the Parcel Maps and related documents. 18. Provide two-way traversable access to each parcel from a County maintained road or from a state highway. Improve parcel frontage to RS-8 LD H and access road to parcel being ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■JANUARY 8,2004 ■PAGE 20 ■ divided to RS-8 LD-I. Submit road and drainage plans to the Department of Public Works for plan checking and approval prior to construction. 19. Show on the additional map sheet of the Parcel Map a 20-foot building setback from the right-of-way line of Christina Drive and a 25-foot building setback from the right-of-way line of State Highway 32. 20. Prior to the recordation of the Parcel Map a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 21. A Construction Storm Water Permit will be required by the State Water Resources Control Board if the project results in a disturbance (including clearing, excavation, filling, and grading)of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. 22. New lot lines shall comply with the applicable setback requirements of the Butte County Zoning Ordinance and the County adopted Uniform Building Code. 4 . 23. Show all easements of record on the Parcel Map. 24. Prior to or concurrently with the recordation of the Parcel Map, pay in full any and all delinquent,current and estimated taxes and assessments as specified in Article 8,of Chapter 4 of Division 2 of.Title 7, of the California Government Code commencing with Section 66492. Fire Department 25. Mitigation Measure # 7. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "The building setback from the side and rear property lines shall beat least 30 feet to satisfy Public Resources Code 4290 (Fire Safe Regulations)." Plan Requirements: The required note shall be placed upon the Final Map and shown on all building plans. Timing: This Mitigation shall be implemented at the time of site construction and prior to issuance of final building permits. Monitoring: The Butte County Fire Department/CDF shall ensure that the required note is placed on the Final Map. The Butte County Building Division plan checkers shall ensure that ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■JANUARY 8,2004 ■PAGE 21 ■ the building plans for structures meet the setback requirement. Building inspectors shall ensure all specified structures meet the setback requirement by conducting an on-site inspection. 26. Mitigation Measure # 9. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water system,with hydrants that meet Fire Department specifications,serves the parcels." Plan Requirements: The note shall be placed on the Final Map Timing: Interior fire sprinkler systems shall be installed in all new residential structures at the time of building construction. Monitoring: Building Division plan checkers shall ensure that the building plans for residential structures include interior fire sprinkler systems. Building inspectors shall ensure all residential structures have a functioning interior fire sprinkler system prior to the final inspection, by conducting an on-site inspection. 27. Mitigation Measure # 10: In lieu of a pressurized water system or water storage tank, payment of$200.00 per created parcel into the Battalion 2 water tender fund is required prior to the issuance of a building permit. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Development of these parcels may require payment into the Water Tender Fund." Plan Requirements: The above note shall be placed on the Final Map. Timing: The required water tender fee may be required be paid prior to the issuance of a building permit. Monitoring: The Building Division shall ensure thatthe water tender fee is paid,if required, prior to issuance of a building permit. '28: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet which states: "Construction, installation or development of structures or facilities on the parcels,including as a minimum,driveway standards,building setbacks,and addressing,shall comply with the latest Fire Safe Regulations of Butte County, Public Resources Code 4290, and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits." Environmental Health Division ■BUTTE COUNTY PLANNING COMMISSION MINUTES JANUARY 8,2004 PAGE 22 ■ 29. Identify on the additional map sheet a 100-foot leachfield free setback from each existing well within 100 feet of the project boundary. 30. Identify on the additional map sheet an area for wells and a 100-foot leachfield free setback around that area on Parcels 1, 2, 3, &4. 31. Identify on the additional map sheet a 50-foot leachfield free setback from the drainage way on Parcel 4. 32. Prior to the issuance of a building permit prove that the required quantities of domestic water are available to Parcels 1, 2, 3, &4. County Counsel 33. If this entire matter or any finding,action or condition of this matter is appealed to the Board of Supervisors,the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. II. NOTATION A. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant,or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. There is a 10-day appeal period on all decisions with the Clerk of the Board ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■JANUARY 8,2004 ■PAGE 23 ■ Butte County Department of Development Services �uT rF 0 0 o 7 County Center Drive o _ o Oroville,CA 95965 0 - - (530)538-7601 Telephone (530)538.7785 Facsimile COUN�y ADMINISTRATION *BUILDING* GIS * PLANNING TRANSFER OF FUNDS REQUEST ATTN:.Janna Dodge - Please send J-Transfer via email to dlejvellen(a>buttecounty.net. Thank you! ATR# DEPOSIT DATE DEP. AMOUNT 80466 12/15/04 $467.04 66518 8/21/03 $1000.00 REQUEST TRANSFER FROM: FUND CODE DEPT. CODE ACCT. CODE CASH CODE AMOUNT . 0010 440001 4210900 101001 $1250.00 REQUEST TRANSFER TO: : FUND CODE DEPT. CODE ACCT. CODE. CASH CODE AMOUNT 1001 280 1011460 $1250.00 Additional Comments: APN:063-180-019 - TPM 04-04; REZ 03-03 J. McLaughlin These funds were paid by the applicant in full, and now need transferred to Fish and Game for recording. Thank you, Diane Requested by: Diane Lewellen, Extn# 6869 dlewelleni buttecouniv.net Request Date: 12/20/2004 i COUNTY OF BUTTE TRANSACTION CODE: AUDITOR-CONTROLLER A-APPROP EXP cc: ACCOUNTING TRANSACTION JOURNAL B-APPROP REV cc: 1/26/05 R-REV EN U E X-EXPENDITURE FUND#or PROJECT ACCOUNT TITLE BUDGET ACCOUNT TASK T/C AMOUNT UNIT NUMBER NUMBER DEBIT CREDIT DEVELOPMENT SERVICES TREASURY CASH 0010 101001 GL 1,250.00 PLANNING APPLICATIONS 440001 4210900 GL 1,250.00 TRUST FUND 1001 TREASURY CASH 1001 1011460 1,250.00 RECORDER'S TRUST 1001 280' 1,250.00 l y i Le To transfer applicant fees to the Recorder's Trust for J. McLaughlin A APN:063-180-019-TPM 04-04; REZ 03-03 B See attached memo's dated 12/20/04 GL 2,500.00 2,500.00 page 1 of 1 12/21/04 Prepared by: Jennifer Reinhardt APPROVED BY: J#946 Display Revenue Status OK .. Return DISPLAY REVENUE STATUS h Motes... i(),1-17AX)nn_5...n rf1_T_(_11:1.��7..fn_S�_ ._.- Object f FUND _ri 0010 C ]BUDGET GENERAL FUND YEAR 05 1 -- UNIT. -440001 VEMENT SERVICES PERIOD „ 6 — R_ DE_LOP_ (( ACCOUNT 4210900 PLANNING APPLICATIONS TRANS CODE 19 PR O—J TA—SK i I / �za. TRANS DATE 12/27/04 I PROJ/TASK ,ACCT DATE ENTERED 12/27/04 CASH ACCOUNT _ DUE DATE VENDOR ( — INVOICE DATE . RECEIVABLE ACCT. DISCOUNT AMT , _ 0.00 DISBURSE FUND CHECK NUMBER ENCUMBRANCES _'] CHECK DATE ; J ,:E NUMBER_. ., J946-21 PARTIAL/FINAL `3 INVOICE/RECEIPT 1099, ,:AMOUNT -1250.00 CLEARED SALES/USE ,TAX _ _ VOID DESCRIPTION 39946 TRF FEES REC MT ' CONTROL NO L2 ENTERED :BY ` mary BANK CODE. r WARRANT NO NOTES N CLICK. OK" TO CONTINUED �+ 0 Butte County Department ofDevelopment Services Administration-AR o�vTt�0 7 County Center Drive o 0 O,roville,CA 95965 ; o 0 0 _._ ,- 0 (530)538.7601 Telephone o =: - o cOU N'�y Rezone File::REZ 03-03:' APN:7063-1,807019: Applicant: John McLaughlin. Date: November 10,2004:. R.O. Box 52 Forest Ranch, Ca 95942 I N V O I C E REZ 03.03 Planning charges are captured in arrears. At the date of this invoice,the following charges had been recorded and entered into our billing program. There may be additional charges in the processing of your application that have not yet been entered into the billing program,and are not reflected on this invoice..Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed,you will receive a FINAL INVOICE. The following payments have been applied to your application: Deposit Disbursement: Deposit Date: A6614, 2003 :Environmental Health' $ (287.00) Receipt: 21069, Check.1169 Land Development (150.00) Total Payment $2,516.00 CDF/Fire,Department (43.00) NOD/NOE filing fee (36.00) DEVELOPMENT SERVICES-PLANNING DEPOSIT (2,000.00) TOTAL PAYMENT RECEIVED $ .2,516:00 DEVEL.SVCS.-PLANNING DEPOSIT. $. (2;000:00) Charges for the following tasks have been applied to the processing of your application: Professional Planner $: 1;144:43. Clerical289:60 Mapping 108:117; Publishing 389176' TOTAL CHARGES: $ 1;931:96 TOTAL PLANNING DEPOSIT .$ ..(2;000:00) LESS: TOTAL CHARGES 1,931.96 REMAINING PLANNING DEPOSIT ON APPLICATION $ 68.04 Finished Project -Fish &Game Filing Fee Due $ 1,250.00 Remaining deposit funds to be applied toward Fish&Game Filing Fee-TPM 04-04 (714.92) Rem matnng deposit fund be apphed'toward Flsh&'Game Filing F.ee_`REZ 03 (6804) Due and Payable for Fish &Game Filing Fee due for TPM 04-04 ONLY $ 467:04, Butte County Code 3-44 Hourly fees;deposits;billing procedures. County code requires when the initial deposited funds are depleted to an amount equal to 25%of the original deposit,no processing of the application will occur until the applicant deposits sufficient funds to restore a balance equal to the amount of the initial deposit,or a lesser amount as determined by the Director of Development Services. In the event the applicant does not provide sufficient funds to continue processing an application,the application will be denied. Make checks payable to: Butte County Treasurer and send it to us at the above address. Should you have any questions,please call Accounts Receivable from 8:00 a.m.to 4 p.m.,Monday through Friday. AMOUNT DUEAND PAYABLE i ' r �k r $0v00 "I K:IFISCAL ADMINIBILLINGS&REFUNDSISENT BILLINGSWcLaughlin REZ 03-03111004.xis t: ..rr E _�, r"4. .<.. .,._,,a ', °a —.v•E„�b.,-"Cz-`.'rz',.<i.v __.k r�"4,v_..^"a"^.x.._','_-`'vim-_..W;., rijx. '€'<Z'F:F ''s.,-.Y. rte::.; >.h .e-^-`� 3'�r"x 4„, RF-`_'.-�<",x•t . ..< W.- . a'i<_<x,._:_,- fa. ., "<. .< r.:<�.•.,`*:.-^.<a£..h',_;ay;5,.,..:<,,� ._,"s 4 °i _.k.: as - F' .,x ''a'`_< s`'' ``a.'sS, `"aE �' �;z-a.. x...+, ._:•�...t`-'. ..: ' .� _�,' '-• ,`;,-,w-a.a.. -.::�,{r""r,"�. ',f.` ", :....,. ...., ,..<_, ..tih:�..,x €�,^�a,�, ,.{<�3"'"`Y ��.:z. 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Finished 'Ww r=H�' .:,.�..=x.:.x<,.<..., ir "C.:< :Sa --rn ;.Wr ; LH4;;F�',.,_=i ;1 1"'„�W: '`4`e�(- 'r:s£�„v, ..«...«...........�..:i:a:',F_n-sr�n,'-:,;;',:Y:.„k �'sf:E..- e, 4 ...'-. `"'�i:F] S NO, 'No' rq a w�°"^^'^T,m* z, -�, ' a; `,=re. ate: 2/24/2004 ririri a Comments: current zoning: TM-5 and PUD; PC ,rv:- -r:.er.se '. '4 Y•i,:c-a:Sa,°i- Y ax<(araf,i 'F c = '< .9..... ,,� �k `+ " r''a WYxsz,:Pald€�- .. ,* g: . . Af?N NOS 063-180-019 § 4 :< x<:a _, �6 : . , :,r s� � w � '_ ... -., «. ::4 1 08/04, •,,.. recmd.A royal to the BOS, / Imo'- - x:,,'-a-__ "Yr �s,�4_x« a{.:. :._ :> aY='s',:;a <- e ^s`k<r,'� :Ea•,,;:.. x:r`a ",«:rte, k� _ �ra �, APF?eal�Meann ::�'�:'�� �-E=,><�:��fnE- PP : Pro-Desch teon to Rezone a parcel,from TM-5Y h 9 Is dt❑ weW , , _ :�-:..z �" :�,_m ,::Y__., - ,s - ,_, =u SU e - ._ c. a _,n,a<_, e, '. -,. - «n.:.< .:. «vC POPE, t:e_..-",..:.r,-:,-.--.t'c d .yam s x< _ .,:, _yra<., Timber Mountain 5 acre r I :_ .,�{`.r,W.� ,"..,,..F,:<«=:-'�- -y;«,!�,::. � � Ce - € ��'4 __ � w�dx F F; n=_ I R De ositS= .. Filed < a ,.._r_•-,,_-.,._.«Fa�.,-a `. � TM=.1_/Timhar_Mniintatn_ona-_�_�'___�.=.. �-' � ,a tn__ rar � � ,� o Boartl�02/24/04 ,.r'��,.,. ' .", -`'"i '�<-a , „=,4;`3..<.r«- x,rx, ._:<x.. ',_-a««:,. «.r�'^:'•.k:.f<' :v'. �' <sa:'..5-y`=x_`,-,v;,:s;.�, ,ama' ,a '�'�' .:w .r'�t.: _ ,p s-'>t.- .,.�-=«^:<_:��.--,-a'r: x<:.':"^«_.,:€E'-y'�{>�'<<'_`'x•� s.�.<, - -y:'; .._ c. w.._ ,n... ': l t�i''`x:."•,;'^x�E f-f,. u;':-'".: {:=,�';Evxja.�,F"p.s,;;:�{«.;:t<, ,vn:.,:' ._;,<xs<r',-.'€F,esE.Fria. -«`Y=ProlcLocateonW ,at the end of Christina,Drive,westDated . , 4/4/2003 Date, .z Ef. xsr" E <`. .. : r 7 t, Via:- motes: y f vLv'«'YE:=!eXi"...«<.< ,Y "�'_. �<"s""OR '.€k>x�' :il'H41Y",�.`F.Y; i€x- y - - of State Highway 32 Forest Ranch 4 '" R c r- '„. 9 Y """v' .��-:�,.�`._: - t'd,€r: x;y:aE:._ 's, � _.' r`-E,« '= z.sr a` -F'-.< _ a'Rs,`:.., .md n _.di <•`n_, ”' . -..-......,..,,...............................,......................,......,..,•......»..� ...�-a.«�E,�_.-,.. �r � $2,516.00x,.<;.. _F-v-< ,k«`:Jn':;-• s; �_x�'�_ .�a_a`.'�„'.* �.` . -. . _ -€_Total, . ._ ..x .,X.8d' _ _.. C^,^^` - .....+•.r _a a:m ".,_ __ _,F_-a-`a_ .. ?t`...#' .,1� .;•x.<.�f<r_ zr , «,«;{ :""" -`^ex-"'F-,, `,m.r„ ..... <«._ x'{-_ -,.:._ ..xr�«m;,«_., .. .E_ a ._,. ,.,.,._rc;_;�.,..:..--•,«cax _�.:c.<a_..' +•Y:.$:,` u:- r,s-:. ca:k- ..-r.<..... .. .<. 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"s«:' S.<t:xlRt- .Eng/Rep Address,' 20 Declaration ;.::,...- .�_.__ �. , rs 8:a,«�.aR•:,:{r,r:.u`::x .'� µy�i:r-4•*.,=�'";`=-.<�.� .3 .3;-"zWn S'':y�� �.f.x. �' ��',:, Su �Distnct=.., 3 _ a_-- � IDR ❑ `' � � ` �: '.F` '$"f. °Y .v Y�....:. .,Y �k,a�tuta: S�-T'.a4 �k-•k.v ,'i`:. '�.: -L`. =�!3F{-: {tk`. f '�"E.. ,..< e, a. x!'_" «-< _.. ....:-.x-.x«-ra .. .� _.,- _.. _ ,_E.�, ,u'V v.<.:.:«:.,. «•aaa<;�? -�x<:�a=' !:.�a � <?sm_.a:, kc �" ,.<s�,.. :._._.,- x1��� 11/8/2004 Butte County Department of Development Services 10:54 AM Pre-bill Worksheet Page 1 Nickname McLaughlin.REZ 03-03 1 REZ 03-03 Full Name John McLaughlin Address P.O. Box 52 Forest Ranch CA 95942 Business oiwWwre,u-k Fax " Home //''{{�,FPM 61f-oOther � .VQ \ Project Type Ret?frie {�X Deposit Status Deposit Project "Ive of - �or6c �O �'Y► 'f Planner Craig Sanders Salutation Date Employee RaZI Hlurs Amount Total Task Markup% DNB Time DNB Amt 4/7/2003 Mark 59.00 0.50 29.50 Billable Circulation -Planner Determine an application's completeness/circulate for staff comments/analysis. 4/15/2003 OTHER 59.00 1.00 59.00 Billable CEQA 61tVog_(. Craig Sanders -Prepare initial studies, mitigations, neg. dec EIRs including analysis. 4/15/2003 Roni 34.00 1.95 66.30 Billable Clerical Activities Set up file 4/16/2003 Larry 59.00 1.83 108.17 Billable Mapping Mapping 4/17/2003 OTHER 59.00 1.83 108.17 Billable CEQA Craig Sanders -Prepare initial studies, mitigations, neg. dec EIRs including analysis. 6/10/2003 OTHER 59.00 0.25 14.75 Billable Circulation - Planner n Craig Sanders -Determine an application's completeness/circulate for staff comments/analysis. 6/12/2003 OTHER 59.00 2.00 118.00 Billable CEQA Craig Sanders -Prepare initial studies, mitigations, neg. dec EIRs `. including analysis. 6/13/2003 OTHER 59.00 2.25 132.75 Billable CEQA �1 Craig Sanders - Initial Study > l � 31 11/8/2004 Butte County Department of Development Services 10:54 AM Pre-bill Worksheet Page 2 McLaughlin.REZ 03-03:John McLaughlin (continued) . Date - ' Employee Rate Hours Amount Total Task Markup% DNB Time DNB Amt 6/16/2003 Cheryl 45.00 0.08 3.75 Billable Administrative-Clerical, Time spent on billing and other administrative tasks not related to processing . 6/16/2003 OTHER 59.00 1.00 59.00 Billable CEQA Craig Sanders -Prepare initial studies, mitigations,.neg. dec EIRs including analysis. 7/16/2003 Craig 59.00 0.33 19.67 Billable Meeting -Planner k Time spent in meetings (IDR) 8/6/2003 Cheryl 45.00 0.05 2.25 Billable Administrative-Clerical Time spent on billing and other administrative tasks not related to processing . 8/7/2003 Craig 59.00 0.83 49.17 Billable CEQA Corrections to I.S 8/13/2003 Craig 59.00 0.29 17.24 Billable Report &/or Project Analysis Reports & analysis related to the application/report. 8/14/2003 Craig 59.00 0.73 43.33 Billable Report &/or Project Analysis Reports & analysis related to the application/report. t 8/15/2003 Craig 59.00 0.96 56.62 Billable Report &/or ProjectAnalysis Reports & analysis related to'the application/report. 8/22/2003 Craig 59.00 0.45 26.27- Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 8/27/2003 Craig 59.00 0.17 10.13 Billable Phone Calls/Counter-Planner Making/receiving phone calls and counter contacts regarding the project. • 9/2/2003 Craig 59.00 0.22 13.24 Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 11/8/2004 Butte County Department of Development Services 10:54 AM Pre-bill Worksheet Page 3 McLaughlin.REZ 03-03:John McLaughlin (continued) Date Employee Rate Hours Amount Total Task Markup% DNB Time DNB Amt 9/3/2003 Craig 59.00 1.38 81.29 Billable Report &/or Project Analysis Reports & analysis related to the application/report. 9/10/2003 Craig 59.00 0.05 3.02 Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 9/10/2003 Craig 59.00 0.03 2.05 Billable Correspondence- Planner Letters generated by planner regarding the project or application. 9/10/2003 Craig 59.00 0.97 57.12 Billable Report &/or Project Analysis Reports & analysis related to the application/report. 9/17/2003 Craig 59.00 0.36 21.37 Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 9/23/2003 Craig 59.00 0.39 23.27 Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 9/24/2003 Craig 59.00 0.42 24.58 Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 9/24/2003 Joe 59.00 0.48 28.48 Do Not Bill Management Review 0.48 28.48 Management Review 9/24/2003 Craig 59.00 0.42 24.53 Billable CEQA Prepare initial studies, mitigations, neg. dec Elks including analysis. 9/25/2003 Joe 59.00 0.51 30.16 Do Not Bill. Management Review 0.51 30.16 Management Review 9/26/2003 Joe 59.00 0.48 28.30 Do Not Bill Management Review 0.48 28.30 Management Review 9/29/2003 Joe 59.00 0.33 19.67 Do Not Bill Management Review 0.33 19.67 Management Review 11/8/2004 Butte County Department of Development Services 10:54 AM Pre-bill Worksheet Page 4 McLaughlin.REZ 03-03:John McLaughlin (continued) Date Employee Rate Hours Amount Total Task Markup % DNB Time DNB Amt 9/30/2003 Craig 59.00 1.09 64.02 Billable Report &/or Project Analysis Reports & analysis related to the application/report. 10/7/2003 Craig 59.00 0.32 19.08 Billable Correspondence-Planner Letters generated by planner regarding the project or application. 10/8/2003 Joe 59.00 0.28 16.72 Do Not Bill Management Review 0.28 16.72 Management Review 10/812003 Craig 59.00 0.33 19.67 Billable Phone Calls/Counter-Planner Making/receiving phone calls and counter contacts regarding the project. 10/10/2003 Craig 59.00 0.81 47.59 Billable Report &/or Project Analysis Reports & analysis related to the application/report. 10/29/2003 Steve 59.00 0.75 44.25 Do Not Bill - CEQA 0.75 44.25 Worked on initial study. No charge. 10/30/2003 Steve 59.00 1.17 68.83 Do Not Bill CEQA 1.17 68.83 Worked on initial study 11/5/2003 Steve 59.00 1.67 98.33 Do Not Bill CEQA 1.67 98.33 Worked on initial study 11/6/2003 Steve . 59.00 1.50 88.50 Do Not Bill CEQA 1.50 88.50 Prepare initial studies, mitigations, neg. dec EIRs including analysis. 11/6/2003 Steve 59.00 1.17 68.83 Do Not Bill CEQA 1.17 68.83 Prepare initial studies, mitigations, neg. dec EIRs including analysis. 11/20/2003 Steve 59.00 1.25 73.75 Do Not Bill CEQA 1.25 73.75 Worked on initial study 11/21/2003 Steve 59.00 1.17 68.83 Do Not Bill CEQA 1.17 68.83 Worked on initial study r • • 11/8/2004 Butte County Department of Development Services 10:54 AM Pre-bill Worksheet Page 5 McLaughlin.REZ 03-03:John McLaughlin (continued) Date Employee Rate Hours Amount Total Task Markup % DNB Time DNB Amt 11/21/2003 Steve 59.00 1.00 59.00 Do Not Bill Site Review 1.00 59.00 Site visit 12/1/2003 Steve 59.00 2.67 157.33 Do Not Bill CEQA 2.67 157.33 Worked on initial study 12/2/2003 Roni 34.00 0.66 22.30 Billable Publication -Clerical Time spent preparing & publishing for Hearing related to applicant. 12/4/2003 Steve 59.00 0.67 39.33 Do Not Bill CEQA 0.67 39.33 Worked on Clearinghouse form and neg. dec. notice 12/17/2003 Steve 59.00 0.58 34.42 Do Not Bill Report &/or Project Analysis 0.58 34.42 Worked on agenda report 12/18/2003 Steve 59.00 0.42 24.58 Do Not Bill Report &/or Project Analysis - 0.42 24.58 Worked on agenda report. E-mailed it to JB. 12/22/2003 Lynn 45.00 1.00 45.00 Billable Publication -Clerical Time spent preparing & publishing for Hearing related to applicant. 12/31/2003 Lynn 45.00 0.50 22.50 Billable Packets -Clerical Prepare packets for meetings/mailings. 118/2004 Steve 59.00 0.75 44.25 Do Not Bill Hearing -Planner 0.75 44.25 Planning Commission hearing 1/8/2004 Lynn 45.00 0.83 37.50 Billable Mtg -Clerical Arrange/attend associated with project review(incl. Public Hearings) 1/20/2004 Steve 59.00 0.42 24.58 Do Not Bill Report &/or Project Analysis 0.42 24.58 Worked on BOS report 1/23/2004 Steve 59.00 0.25 14.75 Do Not Bill Report Wor Project Analysis 0.25 14.75 Worked on BOS report 11/8/2004 Butte County Department of Development Services 10:54 AM Pre-bill Worksheet Page 6 McLaughlin.REZ 03-03:John McLaughlin (continued) Date Employee Rate Hours, Amount Total Task Markup % DNB Time DNB Amt 1/30/2004 Steve 59.00 0.50 29.50 Do Not Bill Report &/or Project Analysis 0.50 29.50 Porked on agenda report 2/4/2004 Steve 59.00 1.17 68.83 Do Not Bill Report &/or Project Analysis 1.17 68.83 Worked on Board report, ordinance, and CZA 2/5/2004 Steve 59.00 0.75 44.25 Do Not Bill Report &/or Project.Analysis 0.75 44.25 Worked'on Board report, ordinance, and CZA. E-mailed it to JB. 2/6/2004 Steve 59.00 0.33 19.67 Do Not Bill Report &/or Project Analysis 0.33 19.67 Went through attachments for BOS report 2/10/2004 Joe 59.00 2.03 119.51 Do Not Bill Management Review 2.03 119.51 Management Review 2/11/2004 Lynn 45.00 2.00 90.00 Billable Packets -Clerical Prepare packets for meetings/mailings. 2/23/2004 Steve 59.00 0.75 44.25 Do Not Bill Report &/or Project Analysis 0.75 44.25 Prepare for BOS meeting; worked on PowerPoint presentation 2/24/2004.Lynn 45.00 0.24 10.93 Do Not Bill Publication -Clerical 0.24 10.93 Time spent preparing & publishing for Hearing related to applicant. 2/24/2004 Steve 59.00 0.83 49.17 Do Not Bill Meeting- Planner 0.83 49.17 BOS meeting 2/25/2004 Cheryl 45.00 0.50 22.50 Do Not Bill Administrative-Clerical 0.50 22.50 Time spent on billing and other administrative tasks not related to processing . 8/27/2004 Cheryl 45.00 0.08 3.75 Do Not Bill Administrative-Clerical 0.08 3.75 Time spent on billing and other administrative tasks not related to processing . 11/8/2004 Butte County Department of Development Services 10:54 AM Pre-bill Worksheet Page 7 McLaughlin.REZ 03-03:John McLaughlin (continued) Amount Total TOTAL Billable Fees 28.28 $1,542.20 Do Not Bill 24.70 $1,445.25 Date Employee Price Quantity Amount Total Expense Markup% 12/9/2003 PUBLISH 87.48 1.000 87.48 Billable Publishing Expense Publish in Newspaper-Chico ER 12/9/03 F273589 12/26/2003 PUBLISH 42.68 1.000 42.68 Billable Publishing Expense Publish in Newspaper Chico ER 12/26/03 F273597 3%5/2004 PUBLISH 259.60 1.000 259.60 Billable Publishing Expense Publish in Newspaper Chico ER 3/5/04 F317795 TOTAL Billable Costs $389.76 Amount Total Total of Fees (Time Charges) $1,542.20 Total of Costs (Expense Charges) $389.76 Total new charges $1,931.96 Accounts Receivables Date . Type Description 4/4/2003 CRED Credit-Initial Deposit, Receipt 21069, Check 1169 ($2,000.00) 4/4/2003 INV Invoice-NOD/NOE filing fee $36.00 4/4/2003 PAY Payment ($36.00) Receipt 21069, ATR 62668 Total Accounts Receivable ($2,000.00) Total New Balance ($68.04) COUNTY OF BUTTE. . FIELD • NUMBER y OROVILLE, CALIFORNIA PURCHASE ORDER F 317795 S U Attn: Donna, Business Office P Chico Enterprise P P. 0. Box 9 Issued By Development Services —.Planning L Chico, CA 95927 Department E R DATE I QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W. 0. 02/25/04' Ordinance No. 3872 — McLaughlin rezone JG' �� �l ()•.�13� Please publish once in 8—Rt type on Friday. March 5 2004• l i 03-C> �✓ sending two copies of your affidavit of publication and two copies of your statement of charges to the Board of Superviso)*s, 25 County Center Drive, Oroville, CA 95965. TOTAL I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or,where authorized,are hereby contracted for and that there is a Budget Appropriation for the same. �,. 317795 Dated: ' �(2A Department Head or Authorized Deputy SUPPLIER NO. DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV.DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 Submit WHITE,CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD. NTY NUMBER OF BUTTE . FIELD • `OROVILLE, CALIFORNIA PURCHASE ORDER F273589 S Chico Enterprise Record U Attn: Donna P P.O, Box 9 P Chico, CA 95927 Issued By DDS/Planning Division L Department I - E R FDATEQNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGETO W.O.# NOTICE OF PUBLIC HEARING 40-001-53 To be published in the Chico Enterprise Record and Oroville Mercury on Tuesday, December 9, 2003 Please furnish this office two copies of the affidavit of Publication. (McLaughlin, Rezone REZ 03-03, TPM 04-04 V/ l� qR Butte County Planning Lynn T. 538-7602 7 County Center Drive Oroville, CA 95965 TOTAL /��j I,the undersigned,hereby certify that,to the best of my knowledge,the services or articles specified above have been performed or delivered or,where authorized,are hereby contracted for and that there is a Budget Appropriation for the same. :{ F273589 t Date: � — epa en ea or u oh a epu SUPPLIER N0. DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV.DATE ENCUMBRANCE AMOUNT 1 2 3 , 4 5 . 6 ' Submit WHITE,CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD AUNTY OF, BUTTEFIELD NUMBER OROVILLE, CALIFORNIA • PURCHASE ORDER • F273597 S Chico Enterprise Record U Attn: Donna P P.O. Box 9 P Chico, CA 95927 Issued By Department DDS/Planning Division i E R ' DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O.# 12/22/03 NOTICE OF PUBLIC HEARING , 40-001-53 To be published in the Chico Enterprise Record and Oroville Mercury on Friday, December 26, 2003 Please furnish this office two copies of the affidavit of Publication. McLau hlin, Rezone REZ'03-03, TPM 04-0''4II ? 41,2,6-2 -i Butte County Planning Lynn - 538-7602 7 County Center Drive Oroville, CA 95965 TOTAL 3 I,the undersigned,hereby certify that;,to';the best of my knowledge,the services or articles specified above have been performed or delivered or,where authorized,are hereby contracted for that there is a Budget Appropriation for the same. F273597 Date: .1yepartmentHead or Authorized Deputy- SUPPLIER NO. DEPT ACCOUNT NO.,'-., PROJECT NO. INVOICE NO. INV.DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 - Submit WHITE,CANARY and.PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD COUNTY OF BUTTE TiFICA T E AND TREASURER'S RECEIPT AUDITOR'S CER OROViLLE, CA ATR NO 62669 RECEIVED FROM PLANNING BAG#3`12 DATE 41912003 FUND FUND DEPT ACCT CASH DESCRIPTION . TITLE CODE CODE CODE CODE AMOUNT 13119POSIT DANE: 4-3 RECEIPTS: 21068-21070' PLAFII+DItdG'APPL FEE GENL 0011 440001 4210800 101001 3,731.00 Project Number Amount of Fee #036-280-068,073 LH Vaught TPM 02-29 $1,381 #x763-980-01g J McLaughlin REZ 03-03 $2,000 #+]1 9=3att=04 getter Builder MVAR 0?-03 $350 LAND DEVELOPMENT GE NL .0010 44WU 4611700 101001 1150.00 Project Dumber Amount of Fee #063-180-049 J McLaughlin REZ 03-03 $150 :. ENVIRONMENTAL HLTH GENL 0010 540003 4614501 101001 287.00 Project Number Amount of'Fee #063-180-019 J McLaughlin REZ 03=03 $287 FIRE PLNG APPL FEE FIRE: PROTECT 0100 4617240 101001 43.00 Project Number Amount of'Fee #063-180-019) McLaughlin FEZ:03-'03 $43 NODINOE: CLERKS FILING FE:GENL 0010 470001 4612313 101031 72.00 ($36) Project Number Amount of Fee - #063-1K-019 J McLaughlin REZ 03-03 $36 #069-360-043 getter Builder M,/.AR 03-03 $36 i TOTAL 4283.40 APPROVED BY: RECEIVED BY: AUDITOR-CONTROLLER TREASURER (�B : Dir: . white=treasurer pink=auditor ean3ry--depositor golden rod=file. 1.� _ a51 b 2 la7 L(3" 3 oNN M CA VC l+it rJnz.u- p RECEIPT TOTAL PUBLIC PUBLIC ENV. NOE/NOD - DATE NO. RECEIVED WORKS LAFCO PLANNING 'SALES HEALTH FIRE F/G FEE OTHER APPLICANT RECEIVED FROM wL 03-o.a RECEIPT 21069 1 0 6 9 L i OFFICIAL RECEIPT COUNTY OF BUTTE a STATE OF CALIFORNIA OFFICE OF PLANNING - I I I ISSUED BY JOHN. R. MCLAUGHLIN PH.530-342-5359: 1169 I, 16274.STAGE RD.'. - W s�,.�[13 90-4202/1211 FOREST RANCH,CA 959.42, Date7 Pay to the Order of—Co o Butte Community Bank 900 MANGROVE•CHICO,CA 95926-0657•1530}696-0260 For �7-nv%�C 1 2 L L4 20 2 51:.0,.700. LOO ii' .L, Ogw.kw/bnMtnn - GUARDIAMBISAFET'BLUE DRBBL rr �..._ DEP•ARTME� ' OF DEVELOPME10' SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on other side: APPLICANT'S NAME(If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: JO �r /1e,1- ae--WZ117 Q63-1ev —0/,o ADDRESS: CITY,STATE&ZIP CODE: FILE NUMBER: (FOR OFFICE USE) �' 0. SOX �SZ foe�-sr,�9��1f, CA • ,�rt�9Z REZ 03 0-3 NAME OF PROPOSED PROJECT(If any). TELEPHONE; cs� ) �9Z -S.3S9 LOCATION OF PROJECT(Major cross streets and Address, if any) s9T T!/E E!�/J OF Cf/.P1�/lJ,9 �•P�U� ��I' FO.ZES�-,�Z91lC,iy . t GENERAL INFORMATION REQUIRED OWNER'S NAME TELEPHONE ADDRESS: CITY,STATE&ZIP CODE: P.O• STt9QZ ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE(in Square Feet or Acres) 046*77- EXISTING STRUCTURES(in Square Feet) PROPOSED STRUCTURES(in Square Feet) !7DlY� nI/g (Check One) (Check One) . ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER 74 PROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY IS OR PROPOSED TO BE ON WELL WATER ate.. ........:.::`.. APPLICATION REQUESTED TED - h ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP tREZONE ❑ TENTATIVE PARCEL MAP BUTTE ❑ USE PERMIT COUNTY ❑ .WAIVER OF PARCEL MAP ❑ MINOR USE PERMITpp® � 2Qo� ❑ BOUNDARY LINE MODIFICATION ❑ VARIANCE APR ❑ LEGAL LOT DETERMINATION DEVELOPMENT ❑ MINOR VARIANCE SERVICES p CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ OTHER PRT DESCRIPTION OJEC FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size of parcels.) OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY T T ALL OFBO INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized,execute an affidavit of authorization and YT e e fidadt w� this p ication.) DATE: X —2� _ SIGNATURE: AGENT AUTHORIZATION . To Butte County, Department of Development Services; !I0,2lf��Ti9•P ElIGt/!I'•��11� x.93-16G� Print Name of Agent and Phone Number ZD ae/U� . AJ73 Mailing Address is hereby authorized to process this application for- on or on my property, identified as Butte County Assessor Parcel Number This authorization allows representation for all applications,hearings, appeals,etc. and to sign all documents.necessary for said processing, but not including document(s) relating to-record title interest. Owner(s) of Record: (sign and print name) Print e n Print Name ' r 1 gn a Signature Architect and/or Engineer: eroelwmve eynllrE,5,ele7Gf 93 /62v Print Name of Architect/Engineer and Phone Number o Mailing Address FOR OFFICE USE ONLY Verify: , Date Received: 3 Total Amount Received: s I AP Number(s) Description Le al g Owners Authorization Zoning Requirements Project Description ai_U 7 Copies of plot plan Taken by � ' r4 Receipt N � E.H. S'7 LD 1 S-0 Plan FD y3 Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is $ as of Make check payable to"Butte County Treasurer". COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be completed By Project Applicant) Date Filed VA 5 GENERAL INFORMATION: 1. Name and address of owner, and/or developer, and/or project sponsor: JO/s'n' 1*e4419"0/Z/r!' PO. A9X 52 f�pEST.P�Yfi�rr�. C.4. 2. Address of project: Assessor's Parcel Number: 063 -/f.V-019 3. Name, address, and telephone number of person to be contacted concerning this project:e93-7,'640 !�l�pLlCAlrl �— �roeri�SPi�2 �rGr�rE�l�rG 20 ��c19.29��o�r�,e. �/O� 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: n'a�`6 5. Existing general plan designation: LOId O�ll'S/Tj' ,Q�/aEItTTFJC� 6. Existing zoning district: rIJ--S 7. How is land currently used? V�9C�t'YT 8. Proposed use of site (Project for which this form is filed): Project Description: 9. Site size: /0. 0Q lfC (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: �� Compact: Total: 11. Plans attached: Yes No 12. Proposed development schedule l!Ol 13. Associated projects 14. Anticipated incremental or phased development ❑Butte County Department of Development Services D Planning Division ❑ 0 . Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. exllo Irou TIS 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. z If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, 'loading facilities, and community benefits to be derived from the project. 19. If the project involves a minor variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. -Change in scenic views or vistas from existing residential areas or public.lands or,roads. 22. 'Change in pattern or character of general area of project. l 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. r 29. Substantial change in demand for.mdnicipal services (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. . f 0 Butte County Department of Development Services 0 Planning Division 0 j Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. V,14117r • 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). . Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. f T/�/�Y � j/ �T�iSr/ 0/ Certification 1 hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date. Signat re BUTTE COUNTY APRs 4 2003 DEVELOPMEl ' ' SERVICES K:\Planning\FORMS\Submittal\ENV-INFO.FRM 0 Butte County Department of Development Services 0 Planning Division 0 DEPARTMEW OF DEVELOPMENSERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on other side: APPLICANT'S NAME(If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: )011W Ile.L. lJC-yL/�` 063-/80 -aa ADDRESS: CITY,STATE&ZIP CODE: FILE NUMBER: (FOR OFFICE USE) 55z f�,eE�sr.P��'�if l'fI . ,9I'09Z P62 03-03 NAME OF PROPOSED PROJECT(If any) ` • ' �~' TELEPHONE = (570 ) 39Z -S3s9 LOCATION OF PROJECT(Major cross streets and Address, if any 69T T!>/E En/J OF Cf/.P1�/lIy �o.ZG`�TR� f� ut5 >, sr ir ri> rt ^. UZEDINFORMATION REQGENERA. z b t Tt s 0 4s t OWNER'S NAME TELEPHONE ADDRESS: CITY,STATE&ZIP CODE: �D• SOX SZ 104�* 31-7-125my, Cr9- SIrt19IfL . ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE(in Square Feet or Acres) F T/�- S � .�•�. U�Cr9rrr /o. � �9G EXISTING STRUCTURES(in Square Feet) PROPOSED STRUCTURES(in Square Feet) (Check One) �: ,� (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY IS OR PROPOSED TO BE ON WELL WATER vr. _✓., ,'q.�` 3- a. .:�'i:' ..rr.: ,':»� ":a :x.+`:":t;i%:'...r rz';�.. ':�.�. r x.••i:". �;f•,i,"- ..Q•. ..0 i1... LI APP A CTI N TED >i=:.f.' .,::•`� �Y ..4 rx .,.:•.%::-z:,:.. .r)Y.,v..}_Vii:?;: ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP REZONE ❑ TENTATIVE PARCEL MAP BUTTE ❑ USE PERMIT COUNTYi ❑ .WAIVER OF PARCEL MAP.: g,'•,`• �i ❑ MINOR USE PERMIT APR __ 2003 ❑ BOUNDARY LINE MODIFICATION ❑ VARIANCE �. ❑ EVLEGAL LOT'I)ETERMINATION,•� DELOPMENT ❑ MINOR VARIANCE SERVICES ❑ CERTIFICATE OF MERGER { ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ OTHER PROJECT DESCRIPTION , x FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size of parcels) "q o� iD•ev eye, 5 ro 7, -ate �.20�1 rel-,5 OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER,I ACKNOWLEDGE THE FLING OF THIS APPLICATION AND CERTIFY TI TALL OF THE .BOVE,INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized,execute an affidavit of authorization and in' e e fidav't w' this kation.) DATE: SIGNATURE: X A. 0 AGENT AUTHORIZATION To Butte County, Department of Development Services;, r� , !�O,eri/�r�44,P E!IG�lj'Ef2l�G x'.93-/6G� Print Name of Agent and Phone Number 20 Peel 11,691-/4' !,2IU� CLrrCo, Mailing Address • . " is hereby authorized to process this application for on my property, identified as Butte County Assessor Parcel Number, This authorization allows representation for all applications, hearings, appeals,etc. and to sign all documents necegsary for said processing,-but not including document(s) relating to' -record title interest. Owner(s) of Record: (sign and print name) Jo#17 k" Print a e Print Name { &-e signature Architect and/or Engineer: 7 A Print Name of Architect/Engineer and Phone Number 20 pecnlrree%7147 ael,14 Ch'/CO o'fl., .9l'.P7,j Mailing Address FOR OFFICE USE ONLY Verify: Date Received: 3 Total Amount Received: AP Number(s) Legal Descriptionq�q Owners,.Authorization t ._Zoning Requirements 3 Project Description .2_6o bq - �~ Copies'of plot plan Taken by MEQ Receipt N �, E.H. �f LD IS-0- Plan FD 0 a-ovo . Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is $ as of Make check payable to"Butte County Treasurer". AGENT AUTHORIZATION To Butte County, Department of Development Services; Print Name of Agent and Phone Number ZL 73. , Mailing Address is hereby authorized to process this application for on my property, identified as Butte County Assessor Parcel Number. This authorization allows representation for all applications,hearings, appeals,etc. and to sign all documents necessary for said processing,but not including document(s) relating to-record title interest. Owner(s) of Record: (sign and print name) -JOfI�7' �- ��.Lf1yGl�LIIJ' Pria ent Print Name It gn a Signature Architect and/or Engineer: lt'0,2Ph'�f�� �l1'G�l�'EE.2/lTG- f,J3 /6G� Print Name of Arch itect/E�n/gineer and Phone Number ^ n Mailing Address FOR OFFICE USE ONLY Verify: �- Date Received: 3 Total Amount Received: co AP Number(s) Legal Description �c Owners.Authorization Zoning Requirements Project Description .2-co Copies of'plot—plan Taken by`��� Receipt N � E.H. Y7 . LD iso ^ Plan 3 FD y3 Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is $ as of Make check payable to "Butte County Treasurer". r` COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM , (To be completed By Project Applicant) Date Filed GENERAL INFORMATION: 1. ' Name and address of owner, and/or developer, and/or project sponsor: Joryrr �icLf�'UGyS/[/rI" �D. plc SZ Fc�Esr,P�9r��, cg. ,of,��z - 2. Address of project: �y�ST/1Y�9J,QCv� Assessor's Parcel Number: 063-A90-01.9 3. Name, address, and telephone number of person to be contacted concerning this project:5,93-716'dO A/�pL/CAIrT �— 1Y0,21/�SPi�2 .F.-/TGr'!tEE2.lir'G ZO ��cl�P9T�o�r 4.. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: /Z4,7`� i 5. Existing general plan designation: LOlf/ DEIlS/T)' ,Q�/aEll'Trf�C� 6. Existing zoning district: rte- S 7. How is land currently used? y�CT 8. Proposed use of site (Project for which this form is filed): Project Description: 9. Site size: /O.OIr 9C (Acres/Sq. Feet) I .10. Off-street parking spaces: Full size:,�� Compact: Total: 11. Plans attached: Yes No ✓ 12. Proposed development schedule -ImYre 13. Associated projects �i9�ZCEC- C�ji9P �f/E!llU�9L�r 14. Anticipated incremental or phased development ll�i9 0 Butte County Department of Development Services 0 Planning Division O Attach description of project containing the following information: of unit sizes range of sale rices or rents, and 15. If residential, include the number of units, schedule n g p type of household size expected. e114 f}l7Yl�S T/ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, y loading facilities, and community benefits to be derived from the project. 19. If the project involves a minor variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit l Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. l 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river, stream or ground water quality / or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. 28. 'Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. r 29: Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. 0 Butte County Department of Development Services 0 Planning Division 0 r Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. li 1901,jT 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the .type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of - development (height, frontage, set-back, rear yard, etc.). . Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. f T/V/zz y_" F�j 7. PF-,-9C IV' //5V. Certification - I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I Date Signat re BUTTE COUNTY APR s 4 2003 DEVELOPMEN-a' SERVICES I K:\Planning\FORMS\Submittal\ENV-INFO.FRM i i i 0 Butte County Department of Development Services 0 Planning Division D 711 GUARANTEE S � AMERI 4� C, FirstAmerlcan Title Insurance Company Form No.1282(Rev:12/15/95) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects,liens,encumbrances,adverse claims or other matters against the title,whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not the matters excluded under(1)or(2)are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under(1), (2)or(3)are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule(A), (C)or in Part 2 of this Guarantee,or title to streets,roads,avenues,lanes,ways or waterways to which such land abuts,or the right to main- tain therein vaults,tunnels,ramps or any structure or improvements;or any rights or easements therein,unless such property,rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2)which result in no loss to the Assured;or(3)which do not result in the invalidity or potential invalidity of any judicial or non- judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity,legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. 4. Company's Option to Defend or Prosecute may be necessary or desirable to establish the title to The following terms when used in the Guarantee Actions; Duty of Assured Claimant to the estate or interest as stated herein,or to establish the mean: Cooperate. lien rights of the Assured. If the Company is prejudiced (a)the "Assured": the party or parties named as Even though the Company has no duty to defend by the failure of the Assured to furnish the required the Assured in this Guarantee, or on a supplemental or prosecute as set forth in Paragraph 3 above: cooperation,the Company's obligations to the Assured under the Guarantee shall terminate. writing executed by the Company. (a) The Company shall have the right, at its sole (b) "land": the land described or referred to in option and cost,to institute and prosecute any action or 5. Proof of Loss or Damage. Schedule(A)(C)or in Part 2,and improvements affixed proceeding,interpose a defense,as limited in(b),or to In addition to and after the notices required under thereto which by law constitute real property.The term do any other act which in its opinion may be necessary Section 2 of these Conditions and Stipulations have "land"does not include any property beyond the lines of or desirable to establish the title to the estate or interest been provided to the Company,a proof of loss or dam- the area described or referred to in Schedule (A)(C) or as stated herein, or to establish the lien rights of the age signed and sworn to by the Assured shall be fur- in Part 2,nor any right,title,interest,estate or easement Assured,or to prevent or reduce loss or damage to the nished to the Company within ninety(90)days after the in abutting streets, roads, avenues, alleys, lanes, ways Assured.The Company may take any appropriate action Assured shall ascertain the facts giving rise to the loss or waterways. under the terms of this Guarantee,whether or not it shall or damage.The proof of loss or damage shall describe (c) "mortgage": mortgage, deed of trust, trust be liable hereunder, and shall not thereby concede Iia- the matters covered by this Guarantee which constitute deed,or other security instrument. bility or waive any provision of this Guarantee. If the the basis of loss or damage and shall state,to the extent Company shall exercise its rights under this paragraph, (d) "public records": records established under it shall do so diligentlypossible,the basis of calculating the amount of the loss . state statutes at Date of Guarantee for the purpose of or damage. If the Company is prejudiced by the failure imparting constructive notice of matters relating to real (b)If the Company elects to exercise its options as of the Assured to provide the required proof of loss or property to purchasers for value and without knowledge. stated in Paragraph 4(a) the Company shall have the damage, the Company's obligation to such Assured (e)"date":the effective date. right to select counsel of its choice(subject to the right under the Guarantee shall terminate. In addition, the of such Assured to object for reasonable cause)to rep- Assured may reasonably be required to submit to exam- 1 2. Notice of Claim to be Given by Assured resent the Assured and shall not be liable for and will not ination under oath by any authorized representative of Claimant. pay the fees of any other counsel,nor will the Company the Company and shall produce for examination, pay any fees,costs or expenses incurred by an Assured inspection and copying, at such reasonable times and An Assured shall notify the Company promptly in in the defense of those causes of action which allege places as may be designated by any authorized repre- writing in case knowledge shall come to an Assured matters not covered by this Guarantee. sentative of the Company, all records, books, ledgers, hereunder of any claim of title or interest which is (c)Whenever the Company shall have brought an checks, correspondence and memoranda, whether adverse to the title to the estate or interest, as stated action or interposed a defense as permitted by the pro- bearing a date before or after Date of Guarantee,which herein, and which might cause loss or damage for visions of this Guarantee,the Company may pursue any reasonably pertain to the loss or damage. Further, if which the Company may be liable by virtue of this litigation to final determination by a court of competent requested by any authorized representative of the Guarantee. If prompt notice shall not be given to the jurisdiction and expressly reserves the right, in its sole Company, the Assured shall grant its permission, in Company,then all liability of the Company shall termi- discretion,to appeal from an adverse judgment or order. writing, for any authorized representative of the Com- nate with regard to the matter or matters for which prompt notice is required;provided,however,that failure (d) In all cases where this Guarantee permits the pany to examine, inspect and copy all records, books, to notify the Company shall in no case prejudice the Company to prosecute or provide for the defense of any ledgers, checks, correspondence and memoranda in rights of any Assured under this Guarantee unless the action or proceeding, an Assured shall secure to the the custody or control of a third party,which reasonably Company the right to so prosecute or provide for the pertain to the loss or damage. All information desig- Company shall be prejudiced by the failure and then Coto the extent of the prejudice. defense of any action or proceeding, and all appeals nated as confidential by the Assured provided to the only therein, and permit the Company to use, at its option, Company pursuant to this Section shall not be disclosed 3. No Duty to Defend or Prosecute. the name of such Assured for this purpose. Whenever to others unless, in the reasonable judgment of the requested by the Company, an Assured, at the Company, it is necessary in the administration of the The Company shall have no duty to defend or prosecute Company's expense,shall give the Company all reason- claim. Failure of the Assured to submit for examination any action or proceeding to which the Assured is a able aid in any action or proceeding,securing evidence, under oath, produce other reasonably requested party, notwithstanding the nature of any allegation obtaining witnesses, prosecuting or defending tinformation or grant permission to secure reasonably such action or proceeding. action or lawful act Which in ftopinion of the Compao necessary information from third parties as required 4 IMPORTANT NOTICE! I) IN ORDER TO CLOSE YOUR ESCROW ON THE DAY YOU WISH, PLEASE READ THE FOLLOWING: OUR COUNTY REQUIRES THAT WE RECORD ONLY AT 9:00 IN THE MORNING MONDAY THROUGH FRIDAY, WE WILL NEED YOUR CLOSING FUNDS AND/OR DOCUMENTS TO RECORD BY NOON ON THE DAY BEFORE YOU WISH TO CLOSE. II) EFFECTIVE JULY 1, 1994, GOVERNMENT CODE SECTION 27361 PROVIDES THE RECORDER SHALL CHARGE AN ADDITIONAL THREE DOLLARS ($3 . 00) PER PAGE OR SHEET OF EACH DOCUMENT IF ANY PAGE OR SHEET OF THAT DOCUMENT DOES NOT CONFORM WITH THE DIMENSIONS SPECIFIED IN GOVERNMENT CODE SECTION 27361 . 5 (8 1/2" x '11") . III) SECTION 12413 . 1 OF THE CALIFORNIA INSURANCE. CODE, EFFECTIVE JANUARY 1, 1990, REQUIRES THAT ANY TITLE INSURANCE COMPANY, UNDERWRITTEN TITLE COMPANY, OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN ESCROW OR SUB-ESCROW CAPACITY, WAIT A SPECIFIED NUMBER OF DAYS AFTER DEPOSITING FUNDS, BEFORE RECORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS . THIS STATUTE ALLOWS FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT. IN THE CASE OF CASHIER' S CHECKS OR CERTIFIED CHECKS, FUNDS MAY BE DISBURSED THE NEXT DAY AFTER DEPOSIT. IN ORDER TO AVOID UNNECESSARY DELAYS OF THREE TO SEVEN DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CASHIER' S CHECKS, OR CERTIFIED CHECKS WHENEVER POSSIBLE. IV) CONTACT THE ESCROW OFFICER WHOSE NAME AND PHONE NUMBER APPEAR ON PAGE 1 OF THIS REPORT FOR ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ENCLOSED PRELIMINARY REPORT. ORDER NO. BU-207635 LW PARCEL MAP GUARANTEE • i PARCEL MAP REF. FEE $250. 00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE. FIRST AMERICAN TITLE INSURANCE COMPANY A CORPORATION, HEREIN CALLED THE COMPANY, GUARANTEES NORTHSTAR ENGINEERING THE COUNTY OF BUTTE AND ANY CITY WITHIN WHICH THE LAND IS LOCATED, HEREIN CALLED THE ASSURED, AGAINST LOSS NOT EXCEEDING $1, 000 . WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS CTNESS IN THE '. ASSURANCE WHICH THE COMPANY HEREBY GIVES THAT, ACCORDING TO THE PUBLIC RECORDS, ON THE DATE STATED BELOW, 1 . THE TITLE TO THE HEREIN DESCRIBED ESTATE OR INTEREST WAS VESTED IN THE VESTEE NAMED, SUBJECT TO THE MATTERS SHOWN AS EXCEPTIONS HEREIN, WHICH EXCEPTIONS ARE NOT NECESSARILY SHOWN IN THE ORDER .OF THEIR PRIORITY; AND 2 . HAD SAID PARCEL MAP BEEN RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SUCH MAP WOULD BE SUFFICIENT FOR USE AS A PRIMARY REFERENCE IN LEGAL f DESCRIPTIONS OF THE PARCELS WITHIN ITS BOUNDARIES. DATED: FEBRUARY 3, 2003, AT 7 :30 A.M. FIRST AMERICAN TITLE INSURANCE COMPANY BY, ASSISTANT SECRETARY CLTA GUARANTEE ORDER NO. BU-207635 LW TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: JOHN R. MCLAUGHLIN THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS GUARANTEE IS : A FEE AND EASEMENT THE LAND INCLUDED WITHIN THE BOUNDARIES OF THE PARCEL MAP HEREINBEFORE REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, AND IS DESCRIBED AS FOLLOWS : PARCEL I : PARCEL 4 , AS SHOWN ON THAT CERTAIN PARCEL MAP, RECORDED IN THE OFFICE'OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON FEBRUARY 1, 2000, IN BOOK 149 OF MAPS, AT PAGES) 34, 35 AND 36 . APN 063-180-019-000 PARCEL II : AN EASEMENT FOR INGRESS, EGRESS AND UTILITY PURPOSES, AS SHOWN ON THAT CERTAIN PARCEL MAP, RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON FEBRUARY 1, 2000, IN BOOK 149 OF MAPS, AT PAGE (S) 34 , 35 AND 36 . EXCEPTIONS : 1 : GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 2003-2004, A LIEN, BUT NOT YET DUE OR PAYABLE. 2 . GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 2002-2003 , 1ST INSTALLMENT: $334 . 72 , PAID 2ND INSTALLMENT: $334 . 72 , NOW DUE, DEL 4/10/2003 EXEMPTION: ASSESSED: SEPARATELY SEPARATELY AP# 063-180-019-000 CODE AREA 062-018 CONTINUED PAGE 2 CLTA GUARANTEE ORDER NO. BU-207635 LW 3 . THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER - 3 . 5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. A REPORT HAS BEEN ORDERED TO DETERMINE IF A SUPPLEMENTAL TAX BILL HAS BEEN SENT OUT. IF A BILL HAS BEEN SENT, A REPORT WILL FOLLOW PRIOR TO THE CLOSE OF ESCROW. RE-CHECK SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW. 4 . THE RIGHT TO CONSTRUCT, . PLACE, INSPECT, MAINTAIN, REPLACE, REMOVE AND USE FACILITIES OF THE TYPES STATED HEREIN AND OTHER INCIDENTAL PURPOSES IN FAVOR OF: PACIFIC TELEPHONE AND TELEGRAPH COMPANY FACILITIES : POLES, CROSSARMS, ETC. RECORDED: NOVEMBER 15, 1960, IN BOOK 1085, PAGE 328, OFFICIAL RECORDS . THE EXACT ROUTE OR LOCATION OF SAID EASEMENT/RIGHT OF WAY IS NOT DEFINED OF RECORD AND MAY OR MAY NOT AFFECT THE HEREIN DESCRIBED LAND. 5 . ' EASEMENTS, SET BACK LINES AND NOTE (S) AS SHOWN OR DEDICATED BY PARCEL MAP RECORDED: FEBRUARY 1, 2000, IN BOOK 149 OF MAPS, AT PAGE (S) 34 , 35 AND 36, BUTTE COUNTY RECORDS . SEE PARCEL MAP ENCLOSED WITHIN THIS REPORT. 6 . ROAD MAINTENANCE AGREEMENT AND OTHER INCIDENTALS EXECUTED BY: JAMES J. LEHANE AND COLLENE S. LEHANE RECORDED: FEBRUARY 1, 2000, UNDER BUTTE COUNTY RECORDER' S SERIAL NO. 2000-03817 . 7.. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES FOR: INGRESS, EGRESS AND UTILITY PURPOSES RECORDED: AUGUST 31, 2000, UNDER BUTTE COUNTY RECORDER' S SERIAL NO. 2000-33690 . AFFECTS : AS SHOWN ON PARCEL MAP RECORDED FEBRUARY 1, _ 2000, IN BOOK 149 OF MAPS, AT PAGE (S) 34 , 35 AND 36, BUTTE COUNTY RECORDS. CONTINUED PAGE 3 . L CLTA GUARANTEE ORDER NO. BU-207635 LW 8 . AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES AS RESERVED FOR: . INGRESS,. EGRESS AND UTILITY PURPOSES RECORDED: MARCH 27, 2002, UNDER BUTTE COUNTY RECORDER' S SERIAL NO. 2002-15281 . AFFECTS : AS SHOWN ON PARCEL MAP RECORDED FEBRUARY 1, 2000, IN BOOK 149 OF MAPS, AT PAGE (S) 34 , 35 AND 36, BUTTE COUNTY RECORDS. 9 . A DEED 'OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL' PRINCIPAL SUM OF $47, 500 . 00, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY DATED: MARCH 22 , 2002 TRUSTOR: JOHN R. MCLAUGHLIN AND HOLLY McLAUGHLIN, HUSBAND AND WIFE TRUSTEE: MID VALLEY TITLE AND ESCROW COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: JAMES J. LEHANE AND COLLENE S . LEHANE, HUSBAND AND WIFE, AS JOINT TENANTS RECORDED: MARCH 27, 2002 , UNDER BUTTE COUNTY RECORDER' S SERIAL NO. 2002-15282 . - 10 . COVENANTS, CONDITIONS AND RESTRICTIONS. CONTAINED IN THE DECLARATION RECORDED JANUARY 17, 2003 , UNDER BUTTE COUNTY -RECORDER' S SERIAL NO. 2003-03158 , WHICH PROVIDE THAT A'VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, - LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, MARITAL 'STATUS, ANCESTRY, DISABILITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 U.S .C. 3604 (C) OR CALIFORNIA GOVERNMENT CODE -12955 . LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR' HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. 11 . A WELL SHARING AGREEMENT, DATED: JANUARY 17, 2003 BY AND BETWEEN: JOHN R., McLAUGHLIN AND OWNERS RECORDED: JANUARY 17, 2003, UNDER BUTTE COUNTY RECORDER' S SERIAL NO. 2003-03159 . REFERENCE IS HEREBY MADE TO THE RECORDED INSTRUMENT FOR A FULL UNDERSTANDING. CONTINUED PAGE 4 CLTA GUARANTEE ORDER NO. BU-207635 LW 12 . WE WILL REQUIRE A NEW DEED FROM HOLLY MCLAUGHLIN, DUE TO THE FACT THAT THE PREVIOUS CONVEYANCE DID NOT CONTAIN THE FOLLOWING CLAUSE: IT IS THE EXPRESS INTENT OF THE GRANTOR, BEING THE SPOUSE OF THE- GRANTEE, TO CONVEY ALL RIGHT, TITLE AND INTEREST OF THE GRANTOR, COMMUNITY OR OTHERWISE, IN AND TO THE HEREIN DESCRIBED LAND TO THE GRANTEE AS HIS/HER SOLE AND SEPARATE PROPERTY. , NOTE: THE LAND HEREIN 'WAS CREATED BY PARCEL MAP, RECORDED FEBRUARY 1, 2000, IN BOOK 149 OF MAPS, AT PAGE (S) 34 THRU 36, BUTTE COUNTY RECORDS . THE VESTEE HEREIN ACQUIRED TITLE BY DEEDS, RECORDED MARCH 27, 2002 , UNDER BUTTE COUNTY RECORDER' S SERIAL NO. 2002-15281 AND JUNE 5, 2002 , UNDER BUTTE COUNTY RECORDER' S SERIAL NO. 2002-29110 . LB:AD MARCH 4, 2003 { PAGE 5 ' 63-1:8 PTN. SECS 5 & 6, 72-3N. R3E. M.D.B.&M. F179. Aj a O 20 1.90Ac mtm 04 x • 7 is r: J i 6 14 e9uo 1.47Ac FOREST r'alv 4 J � slq� RANCH J ! »A _ s J c ( ) '� 1� 12 4 3 w y�qr SCHOOL b.19Ac 8 .d' raj 4.59Ac - O 8 16 7 roe,-, t 13 J J J &87Ac h, 0.024, 7u 89 PLOD r .y. . 1 s' 3 1 J J 2 1 J , • � 17 2 18 s 11 iw � 10 q 12 6.84Ac J^ 6.91Ac $ 5O a .5.01Ac g 5.074c a 2 J & 'E J 6 L_ J 171.7! CWAYW ai PS asvm<w 6-21-zaoo " Butte County ASSewiv'S Map fqf Sf RANCH StJ N ILO�R.BJ 22 OCT.1976 11 °B zpD Book 63, Page 18 • 1n.&db ,00eo. soy old e9t�oandaA UP a Thp mayor may not be a survey of the land depicted _ g3maheYou,should not rely upon it for any purpose other ` than orientAtion to the general location of the parcel or - j - - parcels depicted.Mid Valley Title and Escrow Company • expressly disclaims any liability for etleged lose or$ damage- which may re ich y sult from tethis m fiance upon ap r OWNER'S STATEMENT ENGINEER'S STATEMENT RECORDERS CERTIFICATE /Aj9_3 WE JAMES J.LEHANE AND COLLENE S.LEHANE HUSBAND AND WIFE AS OWNERS OF THE LAND 1.MICHAEL S.BYRE,DO HEREBY STATE THAT I AM A REGISTERED CML ENGINEER OF THE STATE FILED THIS L.:IfDAY OF HSAUAA`/.2000,AT M.IN BOOK Ljff_OF MAPS AT PAGES SHOWN ON THE ANNEXED MAP,AND BIDWELL TITLE AND ESCROW COMPANY,A CORPORATION, OF CALIFORNIA,THAT THE FINAL PARCEL MAP FOR JIM LEHANE CORRECTLY REPRESENTS A ,310-AT THE REQUEST OF ROLLZ,ANDERSON 6 ROLLS.SERIAL 42ato-Ao0]B/b •..,M. AS TRUSTEE UNDER DEED OF TRUST RECORDED JUNE*.1999 UNDER BUTTE COUNTY SURVEY MADE UNDER MY DIRECTION IN AUGUST 1999 AND IS COMPILED FROM RECORD DATA RECORDERS SERIAL NUMBER 99.23818,00 HEREBY STATE THAT WE ARE 111E ONLY PARTES AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE ' WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID LAND AND THAT WE CONSENT SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF JIM LEHANE.THAT IT IS TO THE PREPARATION AND RECORDATION OF THIS MAP. TRUE AND COMPLETE AS SHOWN,THAT THE MONUMENT'S SHOWN WILL BE SET IN THEIR CORRECT POSITIONS WITHIN 90 DAYS OF MAP RECORDATION AND WILL BE SUFFICIENT TO WE HEREBY OFFER FOR DEDICATION AND 00 HEREBY DEDICATE FOR SPECIFIC ENABLE THE SURVEY TO BE RETRACED CANDACE J.GRUSS PURPOSES THE FOLLOWING: COUNTY RECORDE ` (A) CHRISTINALJDRIVE AS SHOWN ON THE ANNEXED MAP IN FEE SIMPLE TO THE COUNTY OF Soft dd 0WCKkELS.BVRO BY:DEPUTY RC.E.28995 v Bt�� WE HEREBY CREATE FOR SPECIFIC PURPOSES,THE FOLLOWING: REGISTRATION EXPIRES:30IM3 _ Ma U098 '" 0) C 4MSTINA DRIVE ASA"EASEMENT TO BE RESERVED IN DEEDS FOR INGRESS AND EGRESS + t TO FOREST RANCH ROAD AND AS A UTILITY EASEMENT FOR THE BENEFIT OF PARCELS 2,3, AND 4 AND FOR THE MUTUAL USE OF EACH OF THE PARCELS 2,3 AND 4,IF CHRISTINA DRIVE F C I IS NOT ACCEPTED IN FEE SIMPLE BY THE PUBLIC. JI AE$=JVLEHAIR. GAUL BEATTY.AS810SECRETARY COUNTY SURVEYOR'S STATEMENT 16886 FOREST RANCH ROAD BIDWELL TITLE AND ESCROW COMPANY FOREST RANCH,CA 95942 A CORPORTATION 1,STUART EDEIL DEPUTY COUNTY SURVEYOR FOR THE COUNTY OF BUTTE,STATE OF CALIFORNIA 00 HEREBY STATE THAT I HAVE EXAMINED THE FINAL PARCEL MAP FOR JIM LEHANE AND FIND THAT IT IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND n S ANY APPROVED ALTERATIONS THEREOF;THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA AND LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL COLLENE S.LEKANE OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH AND I AM SATISFIED THAT THE MAP IS 16885 FOREST RANCH ROAD TECHNICALLY CORRECT.CHRISTINA DRIVE OFFERED FOR DEDICATION IS NOT ACCEPTED AT THIS FOREST RANCH,CA 95942 TIME DATE: IRNIAM.Y ZzlOLVI Ga4/ti , STUART EDELL DEPUTY COUNTY SURVEYOR ; R.C.E.29132 REGISTRATION EXPIRES:03/3ND3 I 6 ATC 4T1► STATE OF CALIFORNIA STATE OF CALIFORNIA COUNTY OF BL+Je COUNTY OF[%Ay,r ' ION THIS DAY OF Mnunry 20W BEFORE ME.THE UNDERSIGNED,PERSONALLY ON THIS=DAY OF 2000,BEFORE ME THE UNDERSIGNED,PERSONALLY APPEARED L"•AIL BEATTY.PERSONALLY KNOWN TOME(OR PROVED TOME ON THE BASIS OF . APPEARED JAMES J.LEHANE AND COLLENE S.LEHANE,PERSONALLY KNOWN TO ME(OR PROVED SATISFACTORY EVIDENCE)TO BE THE PERSON($)WHOSE NAME(S)IWARE SUBSCRIBED TO THE TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)TO BE THE PERSONS WHOSE NAMES ARE ' WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HEISHENHEV EXECUTED THE SAME IN SUBSCRIBED TO THE WIT/SN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED HISMERITIIEIR AUTHORIZED CAPACITYQES),AND THAT BY HISMERITHEIR SIGNATURES(S)ON THE THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSON(S)OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS)ACTED, INSTRUMENT THE PERSONS OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. EXECUTED THE INSTRUMENT. } WITNESS MY HAND NO SEAL REQUIRED. WITNESS MY WIND NO SEAL REQUIRED. PARCEL MAP SIGNATURE V. WI•lrh V i,I. FOR PRINTED NAME COMMISSION EXPIRES gyp-11 \, JIM LEHANE NOTARYS PRINCIPAL PLACE OF BUSINESS SIGNATURE PRINTED NAME trAn, V .Citi •A DIVISION OF LOT 2 OF THAT CERTAIN MAP (CITYacou ENTITLED FOREST RANCH SUBDIVISION COMMISSION EXPIRES 01'11-0a) RECORDED IN BOOK 43 OF MAPS, PAGES $3 THRU $6. NOTARYS PRINCIPAL PLACE OF BUSINESS ChICQ, 3U44-f-- TOA150 BEING A PORTION OF SECTION TOWNSHIP 23 NORTH, RANGE 3 EASTAST,, MM.D.M. (CITY&COUNTY) BUTTE COUNTY CALIFORNIA RAR ROLLS ANDERSON d ROLLS -- , - DECEMBER, 1999 . SHEET 1 OF 3� 108 NO. 97119 (5 continued) to the Assured shall not exceed the least of: If a payment on account of a claim does not'fully in the above paragraph, unless prohibited by law or - (a)the amount of liability stated in Schedule A o cover the loss of the Assured the Company shall be governmental regulation, shall terminate any liability of in Part 2; subrogated to all rights and remedies of the Assured the Company under this Guarantee to the Assured for (b) the amount of the unpaid principal indebted- after the Assured shall have recovered its principal, that claim. ness secured by the mortgage of an Assured mortgagee, interest,and costs of collection. as limited or provided under Section 6 of these 12. Arbitration. 6. Options to Pay or Otherwise Settle Claims: Conditions and Stipulations or as reduced under Section Termination of Liability. 9 of these Conditions and Stipulations, at the time the Unless prohibited by applicable law, either the In case of a claim under this Guarantee, the loss or damage assured against by this Guarantee Company or the Assured may demand arbitration pur- Company shall have the following additional options: occurs,together with interest theron;or suant to the Title Insurance Arbitration Rules of the (a) To Pay or Tender Payment of the Amount of (c)the difference between the value of the estate American Arbitration Association. Arbitrable matters Liability or to Purchase the Indebtedness. or interest covered hereby as stated herein and the value may include, but are not limited to, any controversy or of the estate or interest subject to any defect, lien or claim between the Company and the Assured arising out The Company shall have the option to pay or settle of or relating to this Guarantee, any service of the or compromisean for or in the name of the Assured encumbrance assured against by this Guarantee. y Company in connection with its issuance or the breach claim which could result in loss to the Assured within B. Limitation of Liability. of a Guarantee provision or other obligation.All arbitra- the coverage of this Guarantee,or to pay the full amount ble matters when the Amount of Liability is$1,000,000 of this Guarantee or, if this Guarantee is issued for the (a) If the Company establishes the title, or or less shall be arbitrated at the option of either the benefit of a holder of a mortgage or a lienholder, the removes the alleged defect, lien or encumbrance, or Company or the Assured. All arbitrable matters when Company shall have the option to purchase the indebt- cures any other matter assured against by this the amount of liability is in excess of$1,000,000 shall edness secured by said mortgage or said lien for the Guarantee in a reasonably diligent manner by any be arbitrated only when agreed to by both the Company amount owing thereon,together with any costs,reason- method, including litigation and the completion of any and the Assured. The Rules in effect at Date of able attorneys' fees and expenses incurred by the appeals therefrom, it shall have fully performed its Guarantee shall be binding upon the parties.The award Assured claimant which were authorized by the obligations with respect to that matter and shall not be may include attorneys'fees only if the laws of the state Company up to the time of purchase. liable for any loss or damage caused thereby. in which the land is located permits a court to award Such purchase, payment or tender of payment of (b)In the event of any litigation by the Company or attorneys'fees to a prevailing party.Judgment uponthe the full amount of the Guarantee shall terminate all Iia- with the Company's consent, the Company shall have award rendered by the Arbitrator(s) may be entered in bility of the Company hereunder. In the event after no liability for loss or damage until there has been a final any court having jurisdiction thereof. notice of claim has been given to the Company by the determination by a court of competent jurisdiction,and The law of the situs of the land shall apply to an Assured the Company offers to purchase said indebted- disposition of all appeals therefrom,adverse to the title, arbitration under the Title Insurance Arbitration Rules. ness,the owner of such indebtedness shall transfer and as stated herein, assign said indebtedness, together with any collateral (c) The Company shall not be liable for loss or A copy of the Rules may be obtained from the Company upon request. security,to the Company upon payment of the purchase damage to any Assured for liability voluntarily assumed price. by the Assured in settling any claim or suit without the 13. Liability Limited to This Guarantee; Upon the exercise by the Company of the option prior written consent of the Company. Guarantee Entire Contract. provided for in Paragraph (a)the Company's obligation to the Assured under this Guarantee forthe claimed loss 9• Reduction of Liability or Termination of (a)This Guarantee together with all endorsements, or damage,other than to make the payment required in Liability. if any, attached hereto by the Company is the entire that paragraph,shall terminate,including any obligation All a ments under this Guarantee, exce t a - Guarantee and contract between the Assured and the payments p pay Company. In interpreting any provision of this to continue the defense or prosecution of any litigation ments made for costs, attorneys' fees and expenses for which the Company has exercised its options under pursuant to Paragraph 4 shall reduce the amount of Guarantee, this Guarantee shall be construed as a whole. Paragraph 4,and the Guarantee shall be surrendered to liability pro tanto. the Company for cancellation. (b) Any claim of loss or damage, whether or not (b)To Pay or Otherwise Settle With Parties Other 10. Payment of Loss. based on negligence, or any action asserting such claim,shall be restricted to this Guarantee. Than the Assured or With the Assured Claimant. (a) No payment shall be made without producing (c) No amendment of or endorsement to this To pay or otherwise settle with other parties for or this Guarantee for endorsement of the payment unless Guarantee can be made except by a writing endorsed in the name of an Assured claimant any claim assured the Guarantee has been lost or destroyed,in which case hereon or attached hereto signed by either the against under this Guarantee, together with any costs, proof of loss or destruction shall be furnished to the attorneys'.fees and expenses incurred by the Assured satisfaction of the Company. President, a Vice President,the Secretary, an Assistant Secretary,aor validating officer or authorized signatory of claimant which were authorized by the Company Up to (b)When liability and the extent of loss or damage the Company. the time of payment and which the Company is obligat- has been definitely fixed in accordance with these ed to pay. Conditions and Stipulations,the loss or damage shall be 14. Notices,Where Sent. Upon the exercise by the Company of the option payable within thirty(30)days thereafter. provided for in Paragraph (b)the Company's obligation All notices required tobegiven the Company and to the Assured under this Guarantee for the claimed loss 11. Subrogation Upon Payment or Settlement. any statement in writing required to befurnished the or damage,other than to make the payment required in Company shall include the numberofthis Guarantee thatparagraph,shall terminate,including any obligation Whenever the Company shall have settled and . andshall be addressed to the Companyat.1 First to continue the defense or prosecution of any litigation Paid a claim under this Guarantee, all right of subroga- American Way,Santa Ana,California 92707. for which the Company has exercised its options under tion shall vest in the Company unaffected by any act of the Assured claimant. Paragraph 4. The Company shall be subrogated to and be 7. Determination and Extent of Liability. entitled to all rights and remedies which the Assured would have had against any person or property in This Guarantee is a contract of Indemnity against respect to the claim had this Guarantee not been issued. actual monetary loss or damage sustained or incurred If requested by the Company,the Assured shall transfer by the Assured claimant who has suffered loss or dam- to the Company all rights and remedies against any per- age by reason of reliance upon the assurances set forth son or property necessary in order to perfect this right in this Guarantee and only to the extent herein of subrogation.The Assured shall permit the Company described,and subject to the Exclusions From Coverage to sue,compromise or settle in the name of the Assured of This Guarantee. and to use the name of the Assured in any transaction The liability of the Company under this Guarantee or litigation involving these rights or remedies. PARCEL 4 I I I c PARCEL 2 SCALE r - loo I" 1 °s'COR os�a i 93 PM 26 � j 107 PM 26 �j a-Z�— �� TAB=lS 2643 ( (R 4) ) PER R1 aR{ I I -(R 3) I FOUND 1/2'REBAR AND CAP Z I I{ 33"PER Ra STAMPEDAG—NO3/4•MGR PIPE ( C.C.1/10 CCR sea 6 n0'2 L.S.LS 2643 1 BASIS OF BEARING I GED lS PER R3 FOUND.2'1 NOI PIPE Y Q •--- -i• I M o3-W NI,RS.R4!Y) 1324.] (Y) TAC>iD l3 2B4J PER I (+3220'17- a a R3) I_-- w SITE N_ 411oY ( 1 ( 504.W(a3 a u) me -------- (411.N'Ra 7-407.51' M) LOT .6 5eaa03nar m.Tr s' O ^s s ssv'or E(M) s 14.4r37•E(M) m xA4Y(a4 a Y) _ Ir is es,r(30 �w) P (n TAOGEDt x611 IR01 PiPC 3Y R d G FDUND W^^ - FOUND 3/4•IRON PPE 7 3/4'RRON TA0=LSI 2011 N ROCK (.� N PIPE TAC MOUND PER R3 • . R.C.E. 4016 J fY R.C.E.PER 02gg a '1 •• .+ 5iV 2�za,j LOCATION MAP PARCEL 3 PARCEL• 2 N LOT 5 a H k` 5.02 ACRES 5.01 ACRES 43 RM 83 LOT 7§ PARCEL 4 , 9__& LEGEND F - _ 0 CALCULATED PONT,NO MONUMENT FOUND,OR SET • O SET 5/8•REBAR AND PLASTIC CAP MARKED R.C.E.28998 LOT2 ffi ---- FOIMD MONUMENT AS NOTED :. FDIRNo 3/4'18011 78 -•- EX 24me° g Pte' `� 43 R M 83 _ (Y) MEASURED BEAMMc OR OSTM CE -� PER Rx i , \``+Il +...rarm ABUTTER'S RIGHTS DEDICATED TO THE STATE OF CALIFORNIA •�'FD 3/{•LPI N BOO(1125 OF OFFICIAL RECORDS AT PACE 298 N ol,D'a,•w b30.E _ _�,�_�--- 23 PER m ' A �© N m,a{r W CHRIST1idA 'aTo_ar DRIVE - A 372.00' �37� -- ------ RECORD REFERENCES —� 1 ,s4ea' -- •r� O11Ij I 74369I �`_-r--__ m RECORD ER FOREST RANCH 0 RECORDED0N'W M BOOK 4;3 OF YAPS,PACES 83 MRU0 6. E R2 RECORD OAT PER YOPAG VILLAGE SUBDIVISION.RECORDED 1 I N BOOK 65 a UIAP4 PACS 10 t 17. I I R3 RECORD DATA PER PARCEL MAP FOR GEORGE A HAVFL RECORDED N BOOK 107 OF PARCEL MAPS PACES 25!26. 20 YME WATERLINE `A'F I R4 RECORD DATA PER PARCEL MAP FOR LARRY ENCUH S aY2 >r I BASEMENT ro BE N W I RECORDED N PS,BOOK 93 OF PARCEL MAPAGES 25!26. 'I__I RESERVEDN 0®5 i 2. 1 :( RS RECORD DATA PER CAL1pAN5 RIGHT-O/-WAY MAP FOR THE Bk7NL OF PARCELS Lal. i 1 8 I DISTRICT 3 BUT 47 PDST MILE 25.5 I L .. �� + OT 3 BASIS OF BEARING 43 RM 83 P A.R'C E L' 1 1 1 Aq ti+•--+--- 1 THE BASTS OF BEARIN FOR THIS SURVEY IS THE WEST UNE OF 0.87; ACRES LOT 2 AS SH OMI ON THAT CERTAIN MAP OF FOREST RANCH 30 30' I SUBDIVISION.RECORDED N BODE 43 OF MAPS,PAGES 63 THW BSI UNE DATA 3? AS ESTABUSHEDFROM FOUND MONUMENTS,TAKEN AS N 011tl2r W. Qt 'N 64'31V4r W 26466' (gl� .)I (D N 067516•E 20.00 FOUND 2.OPEN QJ N im,lww w 2".10, �),T. TION PIP[PER RS FOUND 3/4•MON PIPE I TAO®LS 2043 PER m �e_617r1r) (RI) 1 I PARCEL MAP R.I4&W R1 1931' FOUND 3/S. ON PIPE L-+{J.ar TAGGED lS 26U P'OR Rt I FOR e.6/79.16• o-oa•36•ao• I CURVE DATA JIM L E H A N E ....- R-13330' A R-24Ow e.w2r'w L-1401' L.14313' I lO C N 07-4122- y2.-�� L-11465' 444 Q _ (R) 6 A DIVISION OF LOT 2 OF THAT CERTAIN MAP R.eo.ar a.767-{9"A•L.734.60' e-31 MOW _ F'pR -WE�47-("I ENTITLED FOREST RANCH SUBDIVISION R-313400'(R1,RS) EST N 14Tr c a-20.00' e.M7{'s5• .L.1450• L.+40.97- --- RA (,1H 3; 72•E(ql RECORDED IN BOOK 43 OF MAPS, PAGES 83 THRU 86. QO R-140.00' e-9500.27- L-23115' -- R qO ) ALSO BEING A PORTION OF SECTION 6 Q a-17400' e-95o0.2r L-281.59' NOTE S 3752'53'E(RS) 40.09'(RS) 1 LOT 6 'TOWNSHIP 23 NORTH, RANGE 3 EAST, M.D.M. - (S 3{,0'34'E m) (39.40'RI) 0 R.200.00' e-93'00'2r L.13124' THE OUAOT LOCATION OF THE PACIFIC TELEPHONE �_ 43 RM 83 329.71(RI) BUTTE COUNTY CALIFORNIA � • •ry QO R.13336' A-0411'"' L-10.5E AOF OFFICIAL RECORDS ATND MEGIR M EASEMI>IT RECORDED N BOOK 1041 -A.130' e-13WOr L.30.30' DEFINED OF RECORD AND PTHEREFORE NOT SHOWN CONCRETE MON.\ - 1m.a..N 33FOUND G TFRUNE RCL6S MIDERSCW:ROLLS ON THIS MAP. PER MONUMENT PER RI 0. ,3138' O-4376'57' L t02.29,' w ' QI - - ` M 2611.23-E(RS) _ DECEMBER, 1999 SHEET 2 OF 3 )OB NO. 97119 840°'(R5) H PARCEL 4 I I PARCEL 2 I q'7—J& j 93 PM 26 I .j 107 PM 26 I - NOTES. I (R 4) j. I (R3) I -Z 1 1" STRUCTURES.DUMPING OR AUL MATERIAL SHAL�THE NO DEV4OPYENT/RIPARIAN PROTECTION MEAT ALLOWED AS DEPICTED.W TWIN ACTAII ASSOCIATED NTH INSTALLATION OF WELLS OR OOINSTRUCTINO I I I WATER CONVEYANCE LINES TROUGH THE 2D WELL AND WATER PIPELINE Q 1 I 1 I EEASEMENT AND REPLACEMENT LEACH HE$FIELD UNWILL BE ALLOWED 1 I 1 _____ ER SLOE R TO APPUCABIE CALIFORNIA STATE DEPARTMENT OF FSAN H O In I N OTY2r W 132..38' ---- CAME AND BUTTE COUNTY EYPtONYENTAL HEALTH PERMITS. UNITED ST.70' VEGETATION REMOVAL NECESSARY FOR FLOOD CONTROL IS PERMISSIBLE �_ 300.60' 372.00' W1RIN THIS SONE-HOWEVER.ALL VEGETA710N PROPOSED TO BE REMOVED SMALL BE APPROVED BY THE DEPARTMENT a FISH AND GAME PRIOR TO Q LOT 6 REMOVAL- 2 EHOVAL2 UWT SOIL WORK TO PERIODS OF DRY KAMM BETWEEN APIM 15 TO •JMOVE YHER 15 UNLESS A WINTER EROSION CONTROL PLAN HAS BEEN V) PREPARED BY AN RKY OR OTHER OUALDRM PROFYS90NAL AND APPROVED BY ME DEPARTMENT OF PUBLIC WORKS ANO ME DEPARTMENT Or . LU.I'-- _ DEVELOPMENT SERVICES MULCH PROTECT.HY090-SEED.OR OT,FRWISE (, STABILLEE THE S(XL ON g C''i NA BEEN N EEN MSHBED OR HAVE WITH A SLOPE OF I=OR GREATER AT KEN CLEARED OF VEGETATION HMD ARE Q « OF ERODIBLE MATERIAL J ' 1 DEVELOPMENT OF THE PARCELS ARE SUBJECT TO THE PAYMENT OF DEEP j In ^, � � NERD IMPACT FEES AT THE TIME OF BUILDING PERMITS IF SUCH FEES HAVE BEEN ADOPTED BY THE BUTTE COUNTY BOARD OF SUPERVISORS FENCING FOR AREAS OTHER MAN RESIDENTIAL AREAS SHALL BE LIMITED TO A MNUMUY OF FIVE WIRE STRANDS THE LOWER STRAND SHALL BE AT LEAST Z PARCEL 3 PARCEL 2 IR LOT S 16 INCHES ABOVE THE GROUND AND THE UPPER STRAND SHALL BE NO wCRR MAN 4e INpH4 ABOVE ME GROUND. F �,JJ$� 6.0 2 ACRES 6.01 ACRES 4 3 R M 83 A, TO ENSURE THE SETBMANDATEUWED M( $EMM CE E5rA8U5NE0 IN ME COUNTY. Z LOT 7 0 REARR YA'RRD PROPERTY EG MME ARR T NS RCOnRED ALONG ALL SDE AND PARCEL 4 =.. O S. A DEVELOPMENT E PACT EEE FOR SHERIFF'S 3.ARTICLE SHALL BE PND 2 ; LOT 2 PWiGUANT I THE PRWSIOWS SSU C CHAPTER MANSE II aF THE BVTTE - COUNT'WVLL E CE RW MM AND AUL.ATEBUILDING PERMITS SND FEE c 43 R M 83 AMOUNT WILL BE THE BUILDING AND CALCULATED AS RR TME DAIS OF MPLICAnCH FOR THE BIAIDINc PERMNTS B. DURING CONSTRUCTION.SHOULD ANY ARCHAEOLOCCAL ARTD'ACTS BE z DISCOVERED.THE BUTTE COUNTY PLANNING OMSIOH SHALL BE NOTIFIED -_-- SVft MG SETBACK UNE IMMEDIATELY.IRANAEOLOGISY NA WOE(SMALL CEASXAMINED THE E AND THE STE AND SUBMITTED S OR HER FINDINGS TO ME PLANNING DIVISION.AND A-•t �` 100'IEACIE1ElD _ _ ._._._._._.-._._._ -._.-.-.-.- \ --FREE SETBACK UNE /'�--\ ` CCHSTRU TION SHALL BE UPON M APPROVAL OF ME PUNNING DIVISION. __ RECOMY RECOMMENCEMENT OF A �, ---------� '----"------------- c EAP \< < _ _ CHRISTINA _ DRIVE7, gummo tDEmmncAtVoN AND/OR ADDRESSES SHALL BE INSTALLED IN NEu NICEWITH PV8'URESOURCES CODE 4290 AND SMA BE POSTED AT ME BEGINNING OF BUILDING CONSTRUCTION AND MAINTAINEDCOHTNUOUSLY THEREAFTER. - ---7 & DEVELOPMENT OF THESE PARCELS MAY REWIRE PAYMENT INTO ME WATER �•----�---- TED ENT TENDER FUND, I D. FIRE SUPPRESSION SPRINKLER SYSTEMS SMALL BE INSTALLED IN ALL NEW pp 1 I RESIDENTIAL STRUCTURES IN ACCORD MICE WITH ME NATIONAL ARE P 1 I SROTEC ON ASSOCIATOM STANDARD FOR ME LER YSTEMS IN ONE AND TWO FAMILY DWELLINGS HAND MOBILE HOMES NFPNSTALL.ATION OF KAA STANDARD 13 D UNLESS A PRESSURIMD WATER SYSTEM WHICH MEETS FIRE \CZ�BUILDING SETIBACK UNE .- 1 : i DEPARTMENT STANDARDS SERVES ME PROPERTY. C!• , ' I -,-100'LEA I 10. CCNSTRUCTIOIL INSTALLATION OR DEVELOPMENT NT OF STRUCTURES OR F' SETBALW LI b FACILITIES ON THE PARCELSAOTS SMALL COMPLY WITH THE LATEST . OY N ` �"I' -.-.Vr' y. J.. I CALIFORNIA ARE SME REGULATIONS(PUBUC RESOURCES CODE 4290).AND ALL OTHER APPLICABLE STAVE MD COUNTY CODES.ORDINANCES AND . Qi•4,\�'� t,•� N .` K ���` I z i REGULATIONS M EFFECT AT ME TIME OF APPLICATION FOR IMPROVEMENT i _ I PERMITS. - ' y, PARSCEL TRORESPONSIBLE ARE GMAM CHANCE a ALL� nPPRIVAAADD SSAFETY TY HIGHS.MCLUDN �SINS 43 RM 83 12 ST " P �DE�AL �TINA FOMOYATqAAL COONLY.DESCRIBING CONDITIONS AS OF IS DATE OF APPROVAL AND IS NOT INTENDED TO AFFECT RECORD TITLE INTEREST. i ll I I I I LEGEND PARCEL MAP � I FOR ...,� Ex1rnNc WELL \• R-614960• .J 1 Qt 8.133.36• T.51• _ I JIM LEHANE L-T4LIr ®AREA FOR ME BENEFIT ♦ pr4H'u'a��--� _ I A DIVISION OF LOT 2 OF THAT CERTAIN MAP OF PARCQ 1 D-O2'44•u• —� I ENTITLED FOREST RANCH SUBDIVISION BOUR-31"0' ✓ _ REST A� - RECORDED IN BOOK 43 OF MAPS, PAGES 83 THRU 86, NO UEVELOPMENT/RIPARIAN L ND -149'°F ` 1 -�`��� 0,1 ALSO BEING A PORTION OF SECTION 6 . PROTECTION AREA'(SEE NOTE I) .I Ap • S]352'33'E a0.09' L LOT 6 ��� TOWNSHIP 23 NORTH, RANGE 3 EAST, M.D.M. 43 RM 83 BUTTE COUNTY CALIFORNIA RAR - ROLLS ANDERSON tr ROLLS `�� DECEMBER, 1999 W SHEET 3 OF 3 JOB NO. 97119 .Smooth Feed Sheets TM Use tempiate f®r 5160® 063180019000 NORTH STAR ENGINEERING K:\PROJECTS\REZ\McLAUGHLIN\Label MCLAUGHLIN JOHN R 20 DECLARATION DR sREZ03-03.doc _ 16274 STAGE RD CHICO CA 95973 FOREST RANCH CA 95942-9703 063110032000 063110033000 063110034000 JOHNSON HENRY L&JANET K NUNES JOHN FRANCIS ANNAND ROBERT L&IRENE M TRU PO BOX 787 P 0 BOX 818 P 0 BOX 550 FOREST RANCH CA 95942-0787 FOREST RANCH CA 95942 FOREST RANCH CA 95942 063110036000 063110038000 063110039000 STOWE JENNIFER L ETAL JT NELSON CHARMION ALLEN CAREY R PO BOX 746 " P O BOX 53 P O BOX 536 FOREST RANCH CA 95942 FOREST RANCH CA 95942 FOREST RANCH CA 95942 063170006000 063180001000 063180003000 FANNING JOHN C&RUBY L TRUST MCLEAN BRUCE T&EDY F TRUST BAY-ROBERT JOHN P.0 BOX 1055 P 0 BOX 775 1738 LABURNUM AVE PALO CEDRO CA 96073 FOREST RANCH CA 95942 CHICO CA 95926-3430 063180009000 063180014000 063180016000 SHEFFIELD BRIAN&TERRY STEVESON ROBERT H&PATRICIA SHELBY HELEN TRUSTEE 4784 SHUFFLETON PO BOX 660 P 0 BOX 562 FOREST RANCH CA 95942 FOREST RANCH CA 95942 FOREST RANCH CA 95942-0562 063180018000' 063230004000 063230005000 LEITHEISER DAN&GERALDINE DUNNING GENE MCGRAW MICHAEL S&PAULA J 2916 KENNEDY AVE P 0 BOX 422 P 0 BOX 248 CHICO CA 95973-9607 FOREST RANCH CA 95942 FOREST RANCH CA 95942-0248 063230006000 063230007000 063230008000 WARD WILLIAM A&DARLENE M PEARSON KENNETH D&DONNA L HANSEN TERRY R&M ROSANNE P 0 BOX 40 P 0 BOX 722 4724 SNOW MOUNTAIN WAY. FOREST RANCH CA 95942 FOREST RANCH CA 95942-0722 FOREST RANCH CA 95942 063230009000 063230010000 063230011000 KAUFMANN MARK S&RHONDA E OLIVER RAYMOND CHARLES&V EDWARDS STEVEN C P O BOX 838 P O BOX 455 P O BOX 398 FOREST RANCH CA 95942 FOREST RANCH CA 95942 FOREST RANCH CA 95942 063230012000 063230014000 063230015000 MULL JOSHUA M&REBECCA SHERRILL GARY A&CHRISTINE CP CHANG MUNCEL&ANITA L 15435 FOREST RANCH WY P 0 BOX 10 P 0 BOX 394 FOREST RANCH CA 95942 FOREST RANCH CA 95942 FOREST RANCH CA 95942-0394 063230019000 MARTONE JOHN GARY&PHOEBE P O BOX 361 FOREST RANCH CA 95942 *AVERY® Address Labels Laser 51600 c��� v,� a AN)N-,<W fz- II iO3� f)LL*,d C- -- (063- J83 00 .1 L L-tS I� 003 �-� ���. � • loll.( s; fZ- 0) L.0 C- O� 1 0�� NV%NsCSI\) QG9 lit �� � � ��� �� �� H� �� ., ; _ ��� �� ,� ,. W�a SE'. oc T hF�' - j • .. 6f PLAyy�O `a CALIFORNIA STATE OF o *� � o Q o :. Governor's Office of Planning and Research p t•�t I FOPN� •-!'I�•0�� State Clearinghouse Gray Davis _ Tat Finney Governor Interim Director October 28,2003 BUTTE COUNTY OCT 3 0 2003 Craig Sanders Butte County DEVELOPMENT 7 County Center Drive SERVICES Oroville, CA 95965 Subject: McLaughlin Rezone SCH#: 2003092096 Dear Craig Sanders: The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on October 27,2003, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents,pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at(916)445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project,please refer to the ten-digit State Clearinghouse number when contacting this office. Sincerely, Terry R erts Director, State Clearinghouse 1400 TENTH STREET P.O.BOX 3044 SACRAMENTO,CALIFORNIA 95812-3044 (916)445-0613 FAX(916)323-3018 www.opr.ca.gov r e26 Document Details Report State Clearinghouse Data Basle SCH# 2003092096 Project Title McLaughlin Rezone Lead Agency Butte County Type Neg Negative Declaration Description A rezone for 10 acres on the west side of State Route 32, across from Fitzgerald Drive from TM-5 to TM-2 1/2. Once rezoned,there is a potential for four residential parcels to be created from the original parcel. Sewage disposal for the project would,be provided by individual septic tanks, and water would. be obtained from individual wells on the site. Lead Agency Contact Name Craig Sanders Agency Butte County Phone 530 538-7603 Fax email_ Address 7 County Center Drive City Oroville State 'CA Zip 95965 Project Location County Butte City Region Cross Streets Forest Ranch Road&State Highway 32 Parcel No. 063-180-019 Township 23N Range 3E Section 6 Base MDB&M Proximity to: Highways 32 Airports Railways Waterways Big Chico Creek, Little Chico Creek Schools Forest Ranch Elementary Land Use TM-5 (Timber Mountain 5 acre minimum) Project Issues AestheticNisual;Air Quality;Archaeologic-Historic; Drainage/Absorption; Forest Land/Fire Hazard; Minerals; Noise; Septic System; Soil Erosion/Compaction/Grading;Traffic/Circulation;Water Quality; Water Supply;Wildlife; Landuse p iii R6 -Agency; o- • f Fis! R,viet..ag socrces:4y..;-ic„ D„N4rtms.�;:,, � �..h and Gi3rne, Region.42; vapaiirnent of:rorestry and Fire Agencies Protection; Office of Historic Preservation; Department of Parks and Recreation; Department of Water Resources; California Highway Patrol; Caltrans, District 3; Department of Health Services; Regional Water Quality Control Bd., Region 5(Redding); Native American Heritage Commission; State Lands Commission Date Received 09/26/2003 Start of Review 09/26/2003 End of Review 10/27/2003 Note: Blanks in data fields result from insufficient information provided by lead agency. COUNTY OF BUTTE FIELD NUMBER OROVILLE, CALIFORNIA • PURCHASE ORDER F 273578 s U P Chico Enterprise Record P Attn:- Donna Issued By L P.O. Box 9 Department DDS/Planning I Chico, CA 95927 E R FAX:891-9247 DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O.# 10/07/03 NOTICE OF PUBLIC HEARING 40-001-53 To be published Friday, October 10, 2003 in the Chico Enterprise Record. Please provide this office with two affidavits �P of publication. � .? (McLaughlin, REZ 03-03 Lynn - 538-7602 Butte County Planning +. 7 County Center Drive L----- " Oroville, CA 95965 LA� TOTAL $0.00 I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or,where authorized,are hereby contracted for and that there is a Budget Appropriation for the same. F 273578 Date: Department ea or Authorized Deputy SUPPLIER NO. DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV.DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 61 1 Submit WHITE,CANARY'and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD .CO.U:f1TY OF BUTTE . FIELD I NUMBER O.ROVFLLE, CALIFORNIA PURCHASE ORDER F 273578 s U Chico Enterprise Record t PAttn: Donna lissued,By DDS/Planning- .-L P.O. Box 9 Department Chico, CA 95927 E R \ FAX:89,1-9247 DATE GINTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O.# 10/07/03 NOTICE OF PUBLIC HEARING 40-001-53 To bepub lished Friday, October 10, 2003 in the Chico Enterprise Record. A Please provide this office with two affidavits a of publication. #4. (McLaughlin, REZ 03-03 A) J Lynn - 538-7602 11 Butte County Planning J ' 7 County Center Drive ' Oroville, CA 95965 _ TOTAL $0.00 ~ I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or,where authorized,are hereby contracted for and that there is a Budget Appropriation for the same. F 273578 Date: Uepartment Heador Authorized DepuIT- SUPPLIER NO. DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV.DATE ENCUMBRANCE AMOUNT _ 2 4 \ � D V, 5 V 6 S � Submit WHITE,'CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD COUNTY OF BUTTE .# A";+ FIELD ',' a NUMBER - .P'OR'OVILLE, CALIFORNIA t` PURCHASE ORDER F 273578 s P Chico Enterprise Record P Attn: Donna Issued By L P.O. Box 9 "` De artment DDS/Planning y p Chico, CA 95927 E ti R FAX: 89`1-9247 DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O.# 10/07/03 NOTICE:OF PUBLIC HEARING 40-0'01-53 To be published Friday, October 10, 2003 in the Chico Enterprise Record. Please provide this office with two affidavits of publication. (McLaughlin, REZ 03-03 AV Lynn - 538-7602 Butte Count PlanningJ ; y 7 County Center Drive tf Oroville, CA 95965 5 V , ,. TOTAL $0.00 I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or,where authorized,are hereby contracted for and that there is a Budget Appropriation for the same. F 273578 Date: Department ea or Authorized Deputy SUPPLIER NO. ` DEPT 'ACCOUNT No. PROJECT NO. INVOICE No. INV. DATE ENCUMBRANCE AMOUNT �1 2 3 4 5 5 Submit WHITE,,•AANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD ,COUNTY OF BUTTE .„, .r� FIELD NUMBER 'OROVILLE, CALIFORNIA • PURCHASE ORDER F 273578 s j U Chico Enterprise Record P Attn: Donna Issued By DDS/Planning; L P.O. BOX 9 Department w E Chico, CA 95927 R FAX: 891-9247 DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O.# 10/07/03 NOTICE'OF PUBLIC HEARING A” `' :40-001-53 To be published Friday, October 10, 2003 { in the Chico Enterprise Record. •�� `: Please provide this office with two affidavits of publication. (McLaughlin, REZ 03-03 .�% Lynn - 538-7602 Butte County Planning ;% t, 7 County Center Drive Oroville, CA 95965 TOTAL $0.00 I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or,where authorized,are hereby contracted for and that there is a Budget Appropriation for the same. F 273578 Date: Department ea or Authorized Deputy � SUPPLIER NO. DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV.DATE ENCUMBRANCE AMOUNT 2 3 4 5 6 Submit WHITE'CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD .... '�N,�+P����`y,:p,2tik„rY,ik:;::`n.yk 7#G;�..:e:Sf+• - October 7, 2003 BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Notice is hereby given by the Planning Commission that a public hearing will be held on November 13, 2003, in the Butte County Board of Supervisors' Room County Administration Center, 25 County Center Drive, Oroville, California, at 9:00 a.m. regarding the following item: John McLaughlin Rezone, File REZ 03-03 - A rezone for 10 acres on the west side of State Route 32, just south of Forest Ranch Road (southerly intersection), at the end of Christina Drive. The current zone is TM-5 (Timber Mountain 5-acre minimum parcel size) and the requested zone is TM-2 '/z (Timber Mountain — 2 %-acre minimum parcel size). The property is a single 10-acre parcel that has not been developed. Once rezoned, there is a potential that four residential parcels could be created from the parcel. APN 063-180-019 in Section 6,T 23N R3E MDB&M (CS) MITIGATED NEGATIVE DECLARATION In accordance with the California Environmental Quality Act(CEQA), an Initial Study has been prepared for the project which identifies potentially significant effects on: Aesthetics (light and glare); Air Quality " (dust generation); Biological Resources (oak woodlands, migratory deer range); Archaeological Resources; Wildland Fire Hazard;Noise; and Fire Protection Services. Revisions in the project plans or proposals made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where no significant effects would occur. Therefore, Planning Division staff is recommending a Mitigated Negative Declaration. The Initial Study and proposed Mitigated Negative Declaration for this project are on file for public review starting October 10, 2003, and running through November 10, 2003, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. All interested persons are invited to review the document. Written comments will be accepted by the Planning Division at the above address. If you challenge the Mitigated Negative Declaration or Rezone action 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 Division at, or prior to,the public hearing. For further information regarding this project, please contact Craig Sanders, project planner, at the Butte County Planning Division at(530) 538-7603. BUTTE COUNTY PLANNING DIVISION YVONNE CHRISTOPHER,DIRECTOR OF DEVELOPMENT SERVICES NOTICE OF DETERMINATION BUTTE TO: ® Butte County Clerk. COUNTY - 8 2005 ❑ Office of Planning and Research MAR 10 2005 1400 Tenth Street DEVELOPMENT CANDACE J.GRURBS�CO.CLERY P .O. Box 3044 SERVICES BY--.� Sacramento, CA 95812-3044 FILING NO. FROM: Butte County Department of Development Services,Planning 7 County Center Drive, Oroville, CA 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. AP Number: 063-180-019 Project Title: REZ 03-03,Rezone Applicant:- John McLaughlin,P. O. Box 52,Forest Ranch,CA 95942 Contact Person: Stephen Betts Telephone Number: 538-7601 Project Description: to Rezone a parcel from TM-5 (Timber Mountain, 5-acre parcels)to TM-1 (Timber Mountain, one-acre parcels) Project Location: at the end of Christina Drive, west of State Highway 32,Forest Ranch area State Clearinghouse Number(If submitted to clearinghouse): 2003092096 This is to advise that the Butte County Board of Supervisors has approved the above-described project on February 24, 2004, and has made the following determinations regarding the above-described project: 1. The project❑will, ®will not,have a significant effect on,the environment. 2. ❑An Environmental Impact Report was prepared for this project'pursuant to the provisions of CEQA. 3. ®A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures ®were, ❑were not,made a condition of the approval of the project. 5: A statement of overriding considerations❑was, ®was not, adopted for this project. This is to certify that the final EIR,with comments and responses and record of project approval,is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 CountyCenter e `,Oroville,CA onne C topher Director-D velopment Services January 26,2005 Mitigation Measures: Mitigation Measure # 1: The following note shall be placed on any future parcel or subdivision map on the project site: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. .Follow the dust control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day, and whenever wind exceeds 15 miles per hour. . c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation." Plan Requirements: The requirements shall be shown on grading plans and included as a note•on - future recorded maps. Timing:� Condition shall be applied to future land division approvals. Monitoring: The Department shall ensure that measures are indicated on the plans. Public Works Grading and Building inspectors shall,spot check; Grading and Building shall ensure compliance on- site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. Mitigation Measure # 2: The following note shall be placed on any future parcel or subdivision map on the project-site: "A plan prepared by a certified arborist, botanist or landscape architect that shows the existing on-site mature oak trees, located in any area proposed for buildings and vehicular access, and provides for methods to protect the trees identified to be preserved, shall be submitted for review and approval by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The removal of mature oak trees shall be minimized, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature oak trees removed shall be replaced on a 3-to-1 ratio, utilizing existing oak tree stock. Each oak tree to be preserved shall be surrounded by a circular zone (minimum 40-foot radius) identified by an orange fence during construction activities. No vegetation removal, soil disturbance, or-other development activities shall occur within the fenced area." Plan Requirements: The above note shall be placed on any the Final Map recorded within the project site. Timing: The tree plan shall be submitted .to the Planning Division for review with future building permit applications. Monitoring: The Department of Development Services and Public Works Department shall ensure the'note is placed on the Final Map. Public Works Grading and Building inspectors shall spot check; Grading and Building shall ensure compliance on-site. Mitigation Measure # 3: The following note shall be placed on any future parcel or subdivision map on the project site: "Fencing for areas other than residential areas shall be limited to a maximum of five (5) wire strands. The lowest strand shall be at least sixteen (16) inches above the ground and the upper strand shall be no higher than forth-eight(48) inches above the ground." Plan Requirements: The above note shall be placed on any future Final Map. Timing: The note shall be reviewed prior to recordation of future maps approved within the project area. Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on the Final Map. Building inspectors shall spot check; and Building shall ensure compliance on-site. Mitigation Measure # 4: The following note shall be placed on any future parcel or subdivision map on the project site: "At the time of building permit application, pay the applicable Deer Herd Impact fee(s) currently in effect." Plan Requirements: The required notes must be placed upon fixture recorded maps or on an additional map sheets. Timing: The required fee shall be paid at time of building permit issuance, if adopted or in force at the time of application. Monitoring: The Department of Public Works and the Planning Division shall ensure that the required notes are placed upon the map. The Building Division shall collect the fees at the time'of building permit issuance if the County adopts the fees. Mitigation Measure#5: The following note shall be placed on any future parcel or subdivision map on the project site: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains;human skeletal remains),work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context,the Native American Heritage Commission in Sacramento shall be notified immediately,pursuant to State law,to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The required notes must be placed upon fixture recorded maps or on an additional map sheets. Timing: This measure shall be implemented during site preparation and construction. Monitoring: Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure # 6: The following mitigation measure shall be incorporated into any parcel or subdivision map project on the project site: Prior to recordation of any parcel or subdivision map on the project site the segment of Humboldt Road on the project site shall be formally recorded with the Northeast Information Center of the California Historical Resources Information System at California State University, California. Plan Requirements: None. Timing: This measure shall be implemented prior to recordation of any parcel or subdivision map on the project site. Monitoring: The Planning Division shall not sign off on any parcel or subdivision map on the project site until such time at the road segment is formally recorded. The Land Development Division shall not cause any parcel or subdivision map on the project site to be recorded until the road segment is, formally recorded. Mitip-ation Measure# 7: The following note shall be placed on any future parcel or subdivision map on the project site: "The building setback from the side and rear property lines shall be at least thirty (30) feet to satisfy Public Resources Code 4290(Fire Safe Regulations)." . 4 Plan Requirements: The required note shall be placed on the Final Map. The Fire Department and Public Works Department shall ensure that the note is placed on the Final Map. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition. Monitoring: The Building Division and the Planning Division shall check building and site plans for compliance prior to issuance of a building permit. Building inspectors shall ensure compliance by conducting an on-site inspection prior to the final inspection. Mitigation Measure# 8: The following mitigation measure shall be incorporated into any future parcel or subdivision map on the project site: Execute a deed restriction and place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Dwellings shall not be constructed within 100 feet of the edge of nearest travel lane on SR-32 unless a noise analysis is performed by a.certified noise analyst and appropriate construction and noise attenuation methods are incorporated into the dwelling to reduce interior noise levels to 45 dB or less." Plan Requirements: The note shall be placed on the Final Map and attached to all executed deeds. Timing: The note will become effective at the time of building permit application. Monitoring: Building Division plan examiners shall ensure that no residential building permits are issued in violation of the note. w Mitigation Measure # 9: The followingnote shall be laced on any future parcel or subdivision ma r r r on the project site: "Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water system, with hydrants that meet Fire Department specifications, serves the parcels." Plan Requirements: The note shall be placed on the Final Map. Timing: Interior fire sprinkler systems shall be installed in all new residential structures at the time of building construction. Monitoring:' Building Division plan checkers shall ensure that the building plans for residential structures include interior fire sprinkler systems. Building inspectors shall ensure all residential structures have a functioning interior fire sprinkler system prior to the final inspection, by conducting an on-site inspection. ` Mitigation Measure# 10: The following note shall be placed on any future parcel or subdivision map on the project site: "Development of these parcels may require payment into the Water Tender Fund." Plan Requirements: The note-shall be placed on the Final Map. Timing: The required water tender fee may be required be paid prior to the issuance of a building- permit. Monitoring: The Building Division shall ensure that the water tender fee is paid, if required,.prior to .issuance of a building permit. r DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: John McLaughlin P. O. Box 52 'Forest Ranch, CA 95942 Project Title/File Number: Rezone, REZ 03-03 APN: 063-180-019 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/ STATEMENT OF EXEMPTION ❑ A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ❑ B. De Minimis Impact- Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION-FEE REQUIRED ® A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. OTHER(Specify) ❑ $36.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: s 1. ® PAYMENT: The above fees have been paid. See attached receipt(s): #21069, 418842 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official - By: Yvonne Christopher Title: Director- Development Services Lead Agency: Butte County Department of Development Services Date: January 26, 2005 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE.-MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. .......,,..: .-•:<.-: tib' . I . .. 01 x� 0 3 alOb �S IIv ISa� 1'0(30` �.��' 03- 36` �Otw PA r.' 03-o' DATE• RECEIPT TOTAL PUBLIC LAFCO PLANNING PUBLIC ENV. FIRE NOE/NOD OTHER y APPLICANT RECEIVED FROM NO. RECEIVED WORKS SALES HEALTH F/G FEE . RECEIPT 21069 0 [` 9 OFFICIAL,RECEIPT 1 U COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY A� �/a'/l JOHN:R. MCLAUGHLIN. I PH.530-342-5359. 1169 16274 STAGE RD. r �] - 3 90-4202/1211 FOREST RANCH,CA 95942 Date o� CJS+`-' 7 Pay to the Order of �•-/�- f 5 Cyl ( r- OI&T d rd /.v�� t1 �I.a i1�.L- r.... ���Jt ''l K�n A�� ll J ayt .Butte Community Bank 900 MANGROVE•CHICO,CA 959Z"357•1530}896-6Z60 For k �pn, . L 2 L L 4 20 2 Sl:O 700 L00' ii' L. OT7arka MrerKnn GUAROWM SAFETY BLUE BRBBL f COLIN-TV OF E:LT-E AUDITOR'S C-ER T iFICA E E AND TREASURER-:--, RECEW OR,CMLLE, € A ATR NO Bre€z V",312 DATE FUND FUND DEPT ACCT CASH DESCRIPTION T 111E CODE CODE CODE GDE AMOUNT t_i 0Si r DAs: 4-9 R EC:EiPTB: 210,-M-M70 PLANNiNG APPL FEF-s GEHL 0,0e16 44000-1 4210Y,10 1101601 3;7331.0 PidIEG� Num bei- rdtoF1€�f on Fee #0363-280-13681,073 LH Vaught ght?F'g4 02-21= $i,:33 i NO3-i80-Gi9 J W1 c.Lauo1lil'sn PF:-, Q3-133 $2,000 ;`Qct€.-35Q-CA 3 Better Builder I-AVAR Q.tQ3 $350 LAND DEVELO E—f' T GENL L-0-9044( 461170CI `1101 QG I 1-50.00 Project Number Amount of Fee 40,83-180-Gi 9 J ftic.Laughlin REZ 0'. Q3 $15Q EHIAKR OMENTAL G ILTH GENL 10 54 - 4614 1 16100.1 237.00 Proiect Number Arnounf of fee W683-160-Gig J ltFr Lsu,hli;i REZ 03-0 $237 FIRE PL14G APPL FEE FIRE PROTECT 0100 4617240 1010ED1 421M Project Number Amoursf of F6e #.Q6:3-'i rAi 9 J McLaughlin PEZ Q3-G3 3 � l7 GE C±LE > 'S FILING FE GENL 0010 47M31 4612319 iolo[M 72.E ($36) Project Number Amount of Fee C63-i69-u19 J MicLaughlin REZ'j3-03 $36 4069-3510-1343 Better Builde,t�NAR 03-03 -136 TOTAL. 4283.00 APPT CAVED SY°: RECEIVED BY: AUDITOR-C•0NTROLLER S-2r- -Q�� 'k�ta€i��-"[E�• �>��F�E �:€ir`�i<:=��Ci4��r G��?�r�—t���€35C�'.�r ��Gs�@� rt��=�Ei Wednesday,January 26,2005, Development Services PLANNING DIVISION ver. 1.0 Counter ---- ---- DDS Planning $467.04 Person IROnI (General Fund) [- Payment Date 12/14/2004 t Public Works $0.00--] (Land.Development) Receipt Number- 418842 Environmental Health $0.00 Received CDF(Fire From jJohn R. McLaughlin ( p ) - -`-- I re De artment $0.00 F • LL - ...... -- Applicant ;John R. McLaughlin NOD/NOE i $0.00 (Recording Fee) Application Number ;TPM 04-04/REZ 03-03 __ Aunt Minnie i $0.00 $1,500 or$2,000 or In Reference To = - L_ Planning Review/EIR $0.00 Parcel Number i _ . Fish/Game $0.00 Check Number/Cash 1267 ALUC i $0.00 Total Received $467.04` (Airport Land Use) -- -- - Non Sufficient j $0.00 Total Fees $467.64 Funds ($25.00 Fee) - — Cell Tower ; $0.00 ($2500.00) . _ .. ... • Public Sales/Copies $0.00 $0.00 Other: i I Butte County Department of Development Serviceso��Tr Fo 7 County Center Drive o /� o Oroville,CA 95965 (530)538-7601 Telephone o o (530)538.7785 Facsimile cOUNy ADMINISTRATION*BUILDING*GIS* PLANNING TRANSFER OF FUNDS REQUEST ATTN: Janna Dodge -.Please send J-Transfer via email to tlleivellen(a>buttecounty.net. Thank you! ATR# DEPOSIT DATE DEP. AMOUNT 80466 12/15/04 $467.04 66518 8/21/03 $1000.00 REQUEST TRANSFER FROM: FUND CODE I DEPT. CODE ACCT. CODE CASH CODE AMOUNT 0010 440001 4210900 101001 $1250.00 4 L REQUEST TRANSFER TO: FUND CODE DEPT. CODE ACCT. CODE CASH CODE AMOUNT 1001 280 1011460 $1250.00 Additional Comments: APN:063-180-019 - TPM 04-04; REZ 03-03 J. McLaughlin These funds were paid by the applicant in full, and now need transferred to Fish and Game for recording. Thank you, Diane Requested by: Diane Lewellen, Extn#6869 dlewellen.c(r�buttecountv.net Request Date: 12/20/2004 COUNTY OF BUTTE TRANSACTION CODE: AUDITOR- CONTROLLER A-APPROP EXP. cc: ACCOUNTING TRANSACTION JOURNAL B-APPROP REV cc: 1/26/05 R-REVENUE X=EXPENDITURE FUND #or PROJECT ACCOUNT TITLE BUDGET ACCOUNT TASK T/C AMOUNT UNIT NUMBER NUMBER DEBIT CREDIT DEVELOPMENT SERVICES TREASURY CASH 0010 101001 GL 1,250.00 PLANNING APPLICATIONS 440001 4210900 GL 1,250.00 TRUST FUND 1001 TREASURY CASH 1001 1011460 1,250.00 RECORDER'S TRUST 1001 280 1,250.00 ti To transfer applicant fees to the Recorder's Trust for J. McLaughlin A APN:063-180-019-TPM 04-04; REZ 03-03 B See attached memo's dated 12/20/04 GL 2,500.00 2,500.00 page 1 of 1 12/21/04 Prepared by: Jennifer Reinhardt APPROVED BY: J#946 e !' ;FEZ 03 -03 17?c L AuC7yt 1n1 o 06-3- /so 0�9 ORDINANCE NO. 3872 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, A TM-1 (TIMBER MOUNTAIN, 1-ACRE PARCEL SIZE) DISTRICT, PURSUANT TO SECTION 24- 25.40. 1 The Board of Supervisors of the County of Butte, State of California, 2 under and pursuant to Section 24-25.40 of the Butte County Code of said County, . 3 4 ORDAINS,.as follows: 5 SECTION 1. The hereinafter described area situate in the County of 6 Butte, State of California, shall be and it is hereby zoned as a TM-1 (Timber Mountain, 7 1-acre parcel size) District, and such area shall be subject to the restrictions and 8 restricted uses and regulations pursuant to Butte County Code Section 24-190. 9 Said area so zoned being located in the unincorporated area of Butte 10 County, Forest Ranch area,more particularly described as follows: 11 ' Being a portion of Section 6, Township 23 North, Range 3.East, 12 M.D.M. and being Parcel 4, as shown on that certain Parcel Map, recorded in 13 the Office of the Recorder of the County of Butte, State of California, on February 1, 2000, in Book 149 of Maps, at Page(s) 34, 35 and 36. 14 15 SECTION 2. Conditional Zoning. The zoning reclassification enacted 16 by this ordinance is subject to condition(s) imposed pursuant to Butte County Code 17 Section 24-25.40, subsections (c) and (d). The conditions are as specified in a 18 Conditional Zoning Agreement to be signed by the Owner(s) of the property and by the 19 County. Said Agreement shall be in substantially the form attached hereto as Exhibit A. 20 21 The description of the property which is the subject of this rezoning shall be the'same in 22 the Agreement as set forth in Section 1 above. The Chairman of the Board of 23 Supervisors is authorized and directed to sign the Agreement on behalf of the County of 24 Butte. 25 EFj��.���A • • SECTION 3. This Ordinance shall be and it is hereby declared to be in 1 • 2 full force and effect from and after thirty (30) days after the date of its passage, and 3 before the expiration of fifteen (15) days after its passage, this Ordinance shall be 4 published once with the names of the members of the Board of Supervisors voting for 5 and against it in the Chico Enterprise Record, a newspaper published in the County of Butte, State of California. 7 PASSED AND ADOPTED by the Board of Supervisors of the County.of Butte,State of California, on the 24th day of February 2004, by 9 10 the following vote: 11 AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler , 12 NOES: None 13 ABSENT: None 14 NOT VOTING: None 15 � 16 R. J. BEELER, CHAIRMAN Butte County Board of Supervisors 17 18 ATTEST: PAUL MCINTOSH, Chief Administrative " 19 Officer and Clerk of the Board 20 � .21 r F Deputy 22 23 , 24 25 . .:- :: flff!!!ff!l�ffllllf!!ff llffflRli� . • � 2Qe�4—Qua x, 6.5'97 Recorded I REC FEE .00 Official Records I County Of I BIfT iE I , County of Butte CANDACE J. BRUBBS I And When Recorded Return to Recorder I RQSEMAkY DICKfiflE! 1 Clerk of the Board of Supervisors 10;1Assistanar-20@4 I Cheryl of 5 25 County Center Drive 9 Oroville, CA 95965 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 24th day of February,2004,by and between John McLaughlin, herein called "Owner", and the COUNTY OF BUTTE, a political , subdivision of the State of California,herein called"County". WITNESSETH WHEREAS, Owner is the owner of.real property, herein called the "Property", situated in the County of Butte,which Property is described as follows: All that certain real property situated in the County of Butte, State of California, being more particularly described as follows: 1 Being a portion of Section 6, Township 23 North, Range 3 East, M.D.M. and being Parcel 4, as shown on that certain Parcel Map, recorded in the Office of the Recorder . of the County of Butte, State.of California, on February 1, 2000, in Book 149 of Maps,at Page(s)34,35 and 36. WHEREAS, the Property is now zoned TM-5 (Timber Mountain 5-acre minimum parcel size) and PUD (Planned Unit Development) and is designated as Low Density Residential by the Butte County General Plan;and WHEREAS, Owner has applied for a reclassification of zoning of the Property from its present classification to TM-1 (Timber Mountain, 1-acre minimum parcels); and . WHEREAS, public hearings have been held upon said application before the Board of Supervisors of the County of Butte, State of California, and after having considered the matter presented, the Board has determined that certain conditions to the zoning . reclassification of said real property must be imposed so as not to create any problems inimical to the health,safety-and the general welfare of the County of Butte. _ I NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND ' AGREED that inasmuch as the reclassification to TM-1 is being granted and will be enacted by ordinance, the said reclassification shall be subject to the following condition(s): I. This Agreement is made pursuant to Butte County Code Section 24-25:40 (c),between the property owner and County of Butte, and includes the following provisions: 1. The property shall not be divided into more than four(4)parcels. 2. No second dwelling units shall be allowed on the parcels created by a land division of the property. II. In the event Owner, any successor in interest of Owner, or any person ` in moossession of the Property, violates or fails to perform any of the conditions of this' Agreement within thirty(30) days after notice thereof as provided in Paragraph 3,the Board of Supervisors of County may instruct the County Counsel to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of County may also initiate proceedings to rezone the property to the classification to which it is now zoned or any other suitable classification. III. Notice of violation of any of the provisions of this Agreement shall be sent to Owner or successor at the address of the then current owner as identified on the current tax roll. IV. In the event•suit is brought by the County Counsel of County to enforce any of the provisions of this Agreement, Owner agrees to pay to County a reasonable sum to be fixed by the Court as attorney's fees. V. Each and every one of the provisions of this Agreement herein contained shall run with the land and shall bind and inure to the benefit of the successors in interest of Owner and County, in the same manner as if they had been expressly named herein. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. Dated: 4)kt By: IldcMugWn, Owner COUNTY OF BUTTE, a political subdivision of the State of California LIAR 0 9 2004, Dated: By: R.7. BEEL R, Chair Butte County Board of Supervisors [Attach Notary form] i 4 n . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ALL-r-re On f d 4gg::N ,3, 20 64 before me, KAQ /L�lia SAI l�1TCN�, 1L �UF3_(jC. Date `` Name and We of Officer(e.g.,'Jane Doe.Notary Pubricl personally appeared % J O h_�8 FSEft'T (< <f--LA U!. L , Names)of Signet(s) ❑personally known to me 2 proved to me on the basis of satisfactory evidence to be•the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed KAAW9"RifdH_ffj the same in his/her/their authorized COMM.41361931 t capacity(ies), and that by his/her/their NOTARY PUSUC-CAUFORNIA signature(s)on the instrument the person(s),or COUNTY OF BUTTE the entity upon behalf of which the person(s) Comm.Ex Iree June 23 2000 acted, executed the instrument. WITNESS my hancLand official•seal. sigro.ofNot Public OPTIONAL Though the information below is not required bylaw,It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: CctnI A I T I OAl Aet, �OAL/AI(3 m 7 Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—0 Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 N60ral Notary Assodatl0n•9350 De Solo Ave..P.O.Box 2402•Chaim^CA913t3.2402•vimstalionatnmaryoT Plod.No.5907 Reo+der.Cao To8•fres 1.800.878.8827 State of Califomia County.of Butte t .> On March 9. 2004 before me,_ Marion Reeves, Notary Public Name and Title of Officer(e.g.,'Jane Doe,Notary Public*) personally appeared R.J. Beeler Name(s)of Signer(s) ® personally known tome o proved to me on the basis of satisfactory evidence to be the person(Lwhose name(:is/0e-subscribed to the within- instrument and acknowledge to me that he/S&/t vy-executed the same in his/W .Wp9tauthorized capacity(A4 and that by his/Nr /t eiir signature(A -e the instrument the person(i),or the entity upon behalf of which.the person acted, executed the instrument. WITNESS my hand and official seal. `• /Signature of Notary Public MARION REEVES Commission#1336512 Notary Public-Callfomia ZButte County QmyconnTmExpimsjan24,2006 Title of Document:.Conditional Zoning Agreement Date of Document: February 24, 2004 ' . Number of Pages: 3 pages plus two notary pages Butte'County Department of Development Services �uT rF PLANNING DIVISION o 0 . o 0 7 County Center Drive o 0 Oroville, CAF 95965 0 - ==` o (530) 538-7601 Telephone UN�y ^ (530) 53877785 Facsimile ' - ADMINISTRATION.* BUILDING * GIS * PLANNING March 1, 2004 _'John McLaughlin P..O. Box 52 ' ForestRanch, CA 95942 Re: 'Rezone,REZ 03-03, 063-180-019 Dear Mr. McLaughlin: . At the regular meeting of the Butte County Board of Supervisors held February 24, 2004, for a Rezone on property located at the end of Christina Drive,west of State Highway,32,Forest Ranch area,Ordinance No. 3872 was adopted subject to a Conditional Zoning Agreement,which rezones from TM-5 (Timber Mountain—5 acre parcels) to TM-1 (Timber Mountain— 1 acre parcels) that property located . Enclosed is the'Agreement approved by the Butte County Board of Supervisors on February 24,, 2004. The signature must be Notarized before this Agreement can be recorded. Please have this • Agreement signed and notarized and returned to this office for submittal to the Board of Supervisors °as soon as possible in order to publish the rezone ordinance. PLANNING FEES Your project required a deposit of funds to begin processing of your application. You will be receiving an invoice detailing the planning charges incurred against that deposit. In the event the charges have exceeded the initial deposit,you will be invoiced for those charges that have exceeded the amount deposited and for additional funds to be deposited for the completion of the project. Ifyour project has been completed and there is a balance remaining of your initial deposit,it,may be' applied to any applicable additional fees as described below. If there are no additional fees,you will be refunded the balance of your deposit. ADDITIONAL FEES - AU__fees checked below are applicable to this prof ect and will appear on your invoice. l ' r X This project has been determined to have the potential to cause environmental damage to fish or wildlife or their habitat. The California Code of Regulations, Title 14 requires "all projects for which a Negative Declaration has been prepared pursuant to section 21080(c) of the Public Resources Code shall incur a fee of$1,250.00. 'APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your project. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. • The time within which judicial review of this decision.must be sought is governed by California Code of Civil Procedure Section 1094.6. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final, except that where a shorter time limit is provided by State or Federal law, such shorter time limit shall apply. Should you have any questions regarding this matter,please contact Stephen Betts at 538-(530)342- 5359 at the Planning Division between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /lr cc: Northstar Engineering JAWPDOCSNcLaughliri.doc a s County of Butte And When Recorded Return to Clerk of the Board of Supervisors 25 County Center Drive Oroville, CA 95965 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 24th day of February, 2004, by and between " John McLaughlin, herein called "Owner", and the COUNTY OF BUTTE, a political _ subdivision of the State of California, herein called "County". WITNESSETH WHEREAS, Owner is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described as follows: All that certain real property situated in the County of Butte, State of California, being more particularly described as follows: Being a portion of Section 6, Township 23 North, Range 3 East, M.D.M. and being Parcel 4, as shown on that certain Parcel Map, recorded in the Office of the Recorder of the County of Butte, State of California, on February 1, 2000, in Book 149 of Maps, at Page(s) 34, 35 and 36. ' WHEREAS, the Property is now zoned TM-5 (Timber Mountain 5-acre minimum parcel size) and PUD (Planned Unit Development) and is designated as Low -Density Residential by the Butte County General Plan; and WHEREAS, Owner has applied for 'a reclassification of zoning of the Property from its present classification, to TM-1 (Timber Mountain, 1-acre minimum parcels); and WHEREAS, public hearings have been held upon said application before the Board of Supervisors of the County of.Butte, State of California, and after having considered the matter presented, the Board..has determined that certain conditions to the zoning reclassification of said real property must be imposed so as not to create any problems inimical to the health, safety and the general welfare of the County of Butte. i NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification to TM-1 is being granted and will-be enacted by ordinance, the said reclassification shall be subject to the following condition(s): I. This Agreement is made pursuant to Butte County Code Section 24-25.40 (c),between the property owner and County of Butte, and includes the following provisions: 1. The property shall not be divided into more than four(4)parcels. 2. No second dwelling units shall be allowed on the parcels created by a• land division of the property. II. In the event Owner, any successor in interest of Owner, or any person in possession of the Property, violates or fails to perform any of the conditions of this Agreement within thirty (30) days after notice thereof as provided in Paragraph 3, the Board of Supervisors of County may instruct the County Counsel to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of County may also initiate proceedings to rezone the property to the classification to which it now zoned or any other suitable classification. III. Notice of violation of any of the provisions of this Agreement shall be sent to Owner or successor at the address of the then current owner as identified on the t current tax roll. IV. In the event suit is brought by the County Counsel of County to enforce,any of the provisions of this Agreement, Owner agrees to pay to County a reasonable sum to be fixed by the Court as attorney's fees. V. Each and every one of the provisions of this Agreement herein contained shall run with the land and shall bind and inure to the benefit of the successors in interest of Owner and County, in the same manner as if they had been expressly named herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Dated: By: John McLaughlin, Owner r COUNTY OF BUTTE, a political subdivision of the State of California Dated: By: R.J. BEELER, Chair Butte County Board of Supervisors [Attach Notary form] • t • f r •. BUTTE COUNTY CLEW. OF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: John McLaughlin, Rezone, REZ 03-03 AGENDA TITLE: DDS, DATE: 1113104 MEETING DATE 1127104 DEPARTMENT: Planning REQUESTED: Stephen PHONE: 7153 REGULAR CONSENT X CONTACT: Betts DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: Planning Commission Action Report to the Board of Supervisors for John McLaughlin proposed Negative Declaration with mitigation measures regarding environmental impacts, Rezone to rezone a I0± acre parcel from TM-5 and PUD to TM-1 (Timber Mountain, 1-acre minimum parcel size) on property zoned TM-5. Sewage disposal for future dwellings on the site would be provided by individual, on-site septic systems. Domestic water would be obtained from individual wells. Each of the proposed parcels would front on the Christina Drive cul- de-sac. APN 063-180-019 (SB) (REZ 03-03) Pursuant to Butte County Code Sections 24-25.30 and 24-25.40(a) & (b), the Board shall set this Rezone for a public hearing within ninety days of receiving the Action Report from the Planning Commission and shall give notice of the hearing date at least ten days prior to the hearing. If no action is taken by the Board within the ninety days, the proposed Rezone shall be deemed denied. AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL (1) IN A FORMAT THAT CAN BE REPRODUCED BY STANDARD OFFICE EQUIPMENT ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No X CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No x Administrative Office Review If yes, complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline.) 4/5/s Vote Required: -Yes: _ No: Will Proposal Require an Agreement: Yes No x Auditor-Controller's Number(if Date Received by Clerk of the Board: required): County Counsel's Approval: Yes No x Will Proposal Require Additional Personnel: Yes _ No x Number of Permanent: Temp Extra Help Previous Board Action Date: Additional Information Attached: Yes x No Describe: memo Rev. 06102 PLANNING COMMISSION ACTION REPORT APPLICANT: John McLaughIin t OWNER: Same FILE #: REZ 03-03 REQUEST: Rezone from TM-5 (Timber Mountain — 5 acre parcels) and PUD (Planned Unit Development) to TM-1 (Timber Mountain — 1 acre parcels) LOCATION: At the end of Christina Drive,west of State Highway 32,Forest Ranch area. DATE APPLICATION RECEIVED: 4/4/03 ACREAGE: 10 +/- acres PLANNING COMMISSION ACTION AND SUPPORTING FINDINGS: I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels;,a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the proposed Mitigated Negative Declaration together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the t Initial Studies and any comments received,there is no substantial evidence that the Rezone for John McLaughlin, Planning Division File Number REZ 03-03, would have a significant effect on the environment. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County,which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, with Mitigation Measures 1 through 10,as detailed in the Agenda Report dated January 8, 2004. U. The design of the proposed project improvements has the potential to significantly impact oak tree and deer herd habitats. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5. is required. III. . Recommend to the Board of Supervisors approval of an Ordinance rezoning from TM-5 (Timber Mountain,5-acre parcels)and PUD(Planned Unit Development)to TM-1 (Timber Mountain, 1-acre parcels),including a conditional zoning agreement, for John McLaughlin, identified as APN 063-180-019, with the following findings: A. The proposed TM-1 zone is listed as a consistent zone with the Low Density Residential General Plan land use designation. B. The property is adjacent to other residentially zoned property, including a TM-1 zone, and is located in proximity to other similar-sized residential developments. C. Access to the property is provided by private road connection to Forest Ranch Road, a County road capable of accommodating the additional vehicular traffic generated by this Rezone. D. The Environmental Health Department indicates that soil conditions are capable of supporting on-site sewage disposal systems at the density proposed by the Rezone to TM-1. E. The proposal is not incompatible with any adjacent agricultural operation, since no agricultural operation is adjacent to the project site. F. The property is reasonably accessible to commercial services and schools. IV. Conditional Zoning Agreement Conditions of approval: 1. The property shall not be divided into more than four (4)parcels. 2. No second dwelling units shall be allowed on the parcels created by a land division of the property. VOTE: 3-1-1-0 AYES: Commissioners Evans and Lambert, and Chairman Leland NOES: Commissioner Marin ABSENT: Commissioner Nelson ABSTAINED: No one .00 DATE OF LAST HEARING WITH PLANNING COMMISSION: January 8, 2004 JAWPDOCS\BOARDLTS\REZ 13.MRG X14. ORDINANCE NO. 3872 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, A TM-1 (TIMBER MOUNTAIN, 1-ACRE PARCEL SIZE) DISTRICT, PURSUANT TO SECTION 24- 25.40. 1 The Board of Supervisors of.the County of Butte, State of California, 2 under and pursuant to Section 24-25.40 of the Butte County Code of said County, 3 ORDAINS, as follows: 4 5 SECTION 1. The hereinafter described area situate in the County of g Butte, State of California, shall be and it is hereby zoned as a TM-1 (Timber Mountain, 7 1-acre parcel size) District, and such area shall be subject to the restrictions and 8 restricted uses and regulations pursuant to Butte County Code Section 24-190. 9 Said area so zoned being located in the unincorporated area of Butte 10' County, Forest Ranch area, more particularly described as follows: 11 Being a portion of Section 6, Township 23 North, Range 3 East, 12 M.D.M. and being Parcel 4, as shown on that certain Parcel Map, recorded in 13 the Office of the Recorder of the County of Butte, State of California, on February 1, 2000,in Book 149 of Maps, at Pages) 34, 35 and 36. 14 A 15 SECTION 2. Conditional Zoning. The zoning reclassification enacted 16 by this ordinance is subject to condition(s) imposed pursuant to Butte County-Code 17 Section 24-25.40, subsections (c) and (d). The conditions are as specified in a 18 Conditional Zoning Agreement to be signed by the Owner(s) of the property and by the 19 County. Said Agreement shall be in substantially the form attached hereto as Exhibit A. 20 21 - The description of the property which is the subject of this rezoning shall be the same in 22 the Agreement as set forth in Section I above. The Chairman of the Board of 23 Supervisors is authorized and directed to. sign the Agreement on behalf of the County of 24 Butte. 25 26 SECTION 3. This Ordinance shall be and it is hereby declared to be in 1 2 full force and effect from and after thirty (3 0) days after the date of its passage, and 3 before the expiration of fifteen (15) days after its passage, this Ordinance shall be 4 published once with the names of the members of the Board of Supervisors voting for 5 and against it in the Chico Enterprise Record, a newspaper published in the County of 6 Butte, State of California. 7 PASSED AND ADOPTED by the Board of Supervisors of the 8 County of Butte, State of California, on the 24th day of February 2004, by 9 10 the following vote: 11 AYES: Supervisors Dolan, Houx, Josiass en, Yamaguchi and Chair Beeler 12 NOES: None 13 ABSENT: None 1. 14 NOT VOTING: None 15 16 R. J. BEEL R, CHrHWAN Butte County Board of Supervisors 17 18 ATTEST: PAUL MCINTOSH, Chief Administrative 19 Officer and Clerk of the Board 20 21 B 22 l Deputy 23 24 25 26 County of Butte And When Recorded Return to Clerk of the Board of Supervisors 25 County Center Drive Oroville, CA 95965 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 24th day of February, 2004, by and between John McLaughlin, herein called "Owner", and the COUNTY. OF BUTTE, a political subdivision of the State of California,herein called "County". WITNESSETH WHEREAS, Owner is the owner of real property, herein called the "Property", situated in the County of Butte,which Property is described as follows: All that certain real property situated in the County of Butte, State of California, being more particularly described as follows: Being a portion of Section 6, Township 23 North, Range 3 East, M.D.M.- and being Parcel 4, as shown on that certain Parcel Map, recorded in the Office of the Recorder of the County of Butte, State of California, on February 1, 2000, in Book 149 of Maps, at Page(s) 34, 35 and 36. WHEREAS, the Property is now zoned TM-5 (Timber Mountain 5-acre minimum parcel size) and PUD (Planned Unit Development) and is designated as Low Density Residential by the Butte County General Plan; and WHEREAS, Owner has applied for a reclassification of zoning of the Property from its present classification to TM-1 (Timber Mountain, 1-acre minimum parcels); and WHEREAS, public hearings have been held upon said application before the Board of Supervisors of the County of Butte, State of California, and after having considered the matter presented, the Board has determined that certain conditions to the zoning reclassification of said real property must be imposed so as not to create any problems inimical to the health, safety and the general welfare of the County of Butte. r _ NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification to TM-1 is being granted and will be enacted by ordinance, the said reclassification shall be subject to the following condition(s): I. This Agreement is made pursuant to Butte County Code Section 24-25.40 (c),between the property owner and County of Butte, and includes the following provisions: 1. The property shall not be divided into more than four(4)parcels. 2. No second dwelling units shall be allowed on the parcels created by a land division of the property. II. In the event Owner, any successor in interest of Owner,.or any person in possession of the Property, violates or fails to perform any of the conditions of this Agreement within thirty(30) days after notice thereof as provided in Paragraph 3, the Board of.Supervisors of County may instruct the County Counsel to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of County may also initiate proceedings to rezone the property to the classification to which it is now zoned or any other suitable classification. III. Notice of violation of any of the provisions of this Agreement shall be sent to Owner or successor at the address of the then current owner as identified on the current tax roll. IV. In the event suit.is brought by the County Counsel of County to enforce any of the provisions of this Agreement, Owner agrees to pay to County a reasonable sum to be fixed by the Court as attorney's fees. V. Each and every one of the provisions of this Agreement herein contained.shall run with the land and shall bind and inure to the benefit of the successors in interest of Owner and County, in the same manner as if they had been expressly. named herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ' Dated: By: John McLaughlin, Owner COUNTY OF BUTTE,a political subdivision of the State of California Dated: By: R.J. BEELER, Chair Butte County Board of Supervisors [Attach Notary form] Y BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT—JANUARY 8, 2004 Applicant: John McLaughlin Location: At the end of Christina Drive, west of State Highway 32, Forest Ranch area File#: REZ 03-03 &TPM 04-04 Parcel Size: 10± acres Requests: Rezone from TM-5 and PUD Supervisor 3 to TM-1. District: Tentative Parcel Map to divide a 10± acre parcel into Planner: Steve Betts, Senior Planner four 2.5± acre parcels G.P.: Low Density Residential Attachments: Zoning: TM-5 (Timber Mountain, 5- A: General Plan/Zoning Map acre minimum parcel size & . p ) , PUD (Planned Unit B: Initial Study—Rezone 03-03 . Development) C: Initial Study—TPM 04-04 D: Site Plan Zone Date: TM-5 - 2/10/76 PUD—4/22/80 APN: 063-180-019 EXECUTIVE SUMMARY: These projects are consistent with the proposed TM-1 zone and with the Butte County General Plan Low Density Residential land use designation, as well as the policies of the other elements of the General Plan. Staff recommends approval of these projects with findings and conditions. PROJECT DESCRIPTION: • This project consists of two associated projects: 1. Rezone of a 10± acre parcel from TM-5 (Timber Mountain, 5-acre minimum parcel size) and PUD (Planned Unit Development) to TM-1 (Timber-Mountain, 1-acre minimum parcel size). The majority of the site is zoned TM-5, with a 9,375± square foot (0.21± acres) area zoned PUD. ■ Butte County Planning Commission ■ McLaughlin Rezone & TPM Agenda Report ■ ■ January 8, 2004 ■ Page 1 of 14 0 2. Tentative Parcel Map to divide the 10f acre parcel into four 2.5t acre parcels for residential development. • The requested TM-1 zone could ultimately allow the project site to be developed with ten 1- acre parcels (with approval of a Tentative Parcel or Subdivision Map). • Sewage disposal for the future dwellings on the site would be handled by individual, on-site septic systems and domestic water obtained from individual on-site wells. • All four proposed parcels would front on the Christina Drive cul-de-sac. • The project site is owned by the applicant. SITE CHARACTERISTICS: • The topography of the site is rolling foothills and has an average slope of approximately 13%, with the steepest slope being approximately 20%. • The site is vegetated with black oaks,pines, cedars, firs, and extensive brush. • The project has not been developed with any structures. Timber harvesting and other vegetation clearing has occurred throughout the project site. • A small seasonal swale traverses the site. • Access to the site from a public road (Forest Ranch Road) is via Christina Drive, which is a private road that lies within a 60-foot wide easement. Christina Drive is chip sealed. • Christina Drive currently provides access to a public road for three parcels. • Surrounding land use is primarily rural residential on lots ranging in size from 0.7 to 7 acres. A 15-space mobile home is located to the northeast of the project site, and SR-32 lies on the project site's east side. • The site is not within a 100-year flood zone and is not within an airport overflight zone. The project site is not within an Alquist-Priolo Earthquake fault zone and is not within an earthquake aftershock epicenter region. • The eastern portion of project site is subject to moderately high noise levels from vehicular traffic on the adjacent SR-32. ANALYSIS: • The requested TM-1 zone is consistent with the Low Density General Plan land use designation, which allows net parcel sizes of 6,500 square feet to one acre. The existing TM- 5 zone is not listed as a consistent zone. • The Low Density Residential General Plan land use designation lists seven zoning factors that must be considered when determining the proper zoning district for a particular area. The zoning factors; along with staff's response, are: ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ 0 January 8, 2004 0 Page 2 of 14 0 1. Existing parcel sizes and residential densities. Surrounding and nearby parcels range in size from 0.7 to 7 acres. Generally, the parcels to the north, west, and east (across SR-32) are around five acres in size, while the parcels to the south of the site are around 1-acre in size. A TM-1 zone abuts the south side of the project site. Land uses on the surrounding and nearby parcels is primarily single family dwellings, with a 15-space mobile home park to the north. The requested TM-1 zone would be consistent with the surrounding parcel sizes and land uses. 2. Availability of sewers or suitability for septic tanks. Public sewer service does not exist in the project area. Sewage disposal for the future dwellings on the project site would be handled via individual, on-site septic systems. The soil on the project site—Aiken clay loam — is generally adequate for septic systems. The project site does not contain any steep slopes or high groundwater levels that would preclude the use of on-site septic systems. The Butte County Environmental Health Division inspected soil profile holes on the project site and does not object to the use of septic systems. 3. Effects on adjacent uses, water quality, quality, noise, traffic flow and safety, and general environmental quality. No water quality impacts are expected because the soils on the site are generally capable of supporting on-site septic systems and because no significant amount of soil erosion is anticipated. Air quality impacts would not be significant due to the low density of development. The project would cause an increase in noise in the project area due to the expected future residential uses, but the noise would not be significant and would be consistent with existing noise levels in the project area. The rezone project could result in ten 1-acre parcels on the project site, which could result in approximately 96 additional vehicle trips in the project area. All of the roads in the project area, including SR-32, have sufficient capacity to handle this minor increase in vehicular traffic. 4. Proximity to o major streets, commercial services and all public facilities. Access to the project site is from Christina Drive. Christina Drive is a private road that lies within a 60 foot wide road easement. Christina Drive connects to Forest Ranch Road, which in turn connects to SR-32. Forest Ranch School (K-8) is located approximately 0.25 miles to the north of the project site. School bus service to Chico is provided for high school students. A small store with fuel is located approximately 0.5 miles to the south of the site. Extensive commercial services, high schools, hospitals, and recreational facilities are available in Chico, which is about'a 15-minute drive from the project site. 5. Distance from airports, railroads and industrial uses. The Chico Municipal Airport, from which limited commercial flights are available, is about a 25-minute drive from the project site. Railroad service is also available in Chico. Industrial uses are found in the Chico area. The impacts associated with airports, railroads, and industrial uses would not have an impact on the project site. ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ ■ January 8, 2004 0 Page 3 of 14 0 6. Existing utilities, walkways and drainage facilities. Electrical and telephone lines exist in the project area and can easily be extended to the project site. Piped natural gas service is not'available in the Forest Ranch area, with many homeowners utilizing propane tanks. The project site is located in a rural area, and County road standards do not require the installation of curb, gutter, and sidewalks along roadways. Drainage facilities in the area are limited and are not generally needed due to the low density of development in the project area. Storm water runoff from parcels in the project area is normally directed into natural drainages. 7. Local desires. Due to its rural mountain location, but relatively short drive to Chico, the Forest Ranch area is very desirable and faces increasing pressure for additional residential development. At this time the local desires regarding this rezone project site is not known. It is possible that adjoining property owners would be opposed to any project that results in land divisions on the project site. This rezone project requires approval by both the Planning Commission and the Board of Supervisors, both of which will hold public hearings on the rezone project. Local desires would not be known until the hearings are held. • The sizes of the proposed parcels are consistent with the requested TM-1 zone and with the Low Density Residential General Plan land use designation. • The rezoning of the PUD-portion of the project site to TM-1 would not significantly affect the remainder of the PUD zone, which would be 4.5f acres in size. The purpose of the PUD zone was to legalize a non-conforming mobile home park on the adjoining parcel (APN 063- 180-016) and to allow the mobile home park to expand to 20 spaces. The PUD was approved but the mobile home park never expanded to 20 spaces. No improvements were proposed for the area of the project site zoned PUD because of its location near a drainage way. A parcel map (Book 149 Pages 34-36) recorded subsequent to the rezone to PUD allowed the split zoning on the project parcel. The rezone to TM-1 will eliminate the existing split zoning on the project parcel. • With the rezone to TM-1, Christina Drive has the potential to provide sole legal access for 12 parcels. This number of parcels is well below the 20 parcels maximum allowed on a cul-de- sac road pursuant to Butte County Code Section 20-133. With the proposed Tentative Parcel Map, Christina Drive would provide access for six parcels. • Development of the project site with ten 1-acre parcels has the potential to generate approximately 96 vehicle trips per day. The parcel map project would generate approximately 39 vehicle trips per day. The roads in the project area have sufficient capacity to handle the increase in vehicular traffic. • The Tentative Parcel Map is conditioned to require that the rezone to TM-1 be approved by the Butte County Board of Supervisors prior to recordation of the Final Map. ■ Butte County Planning Commission ■ McLaughlin Rezone & TPM Agenda Report.■ 0 January 8, 2004 0 Page 4 of 14 0 CEQA ISSUES: The initial studies prepared for these two projects determined there would be environmental impacts to the following areas: • Air Quality(dust control during site development activities) • Biological impacts (oak tree and deer herd impacts) • Cultural Resources (possible disturbance of archaeological resources) • Fire Hazards (increased building setbacks from side and rear yard property lines) • Fire Protection Services (installation of interior fire sprinkler systems in all new residential structures) • Noise impacts (residential structure setbacks from SR-32) The initial studies, which are attached to this agenda report, recommended ten mitigation measures to reduce environmental impacts to a less than significant level. Due to impacts to oak habitat and deer herd winter range habitat, the collection of Department of Fish and Game-fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required. The initial studies were sent to the Governor's Office of Planning and Research, State Clearinghouses, for distribution to state agencies. ENVIRONMENTAL DOCUMENTATION: Two Initial Studies have been prepared for this project by County staff. Staff determined, based' on a review of the Initial Studies, that project impacts can be fully mitigated. ACTION FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Adopt a Mitigated Negative Declaration with the following findings: A. Two Initial Studies—one for the Rezone to TM-1 and one for the Tentative Parcel Map - were completed in compliance with the California Environmental Quality Act. Said studies identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the proposed Mitigated Negative Declaration together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Studies and any comments received, there is no substantial evidence that the Rezone and Tentative Parcel Map for John McLaughlin, Planning Division File Number REZ 03-03 and TPM 04-04; would have a significant effect on the environment. ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ 0 January 8, 2004 0 Page 5 of 14 0 D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the'County, which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, with Mitigation Measures 1 through 10, as detailed in the Agenda Report.dated January 8, 2004. II. The design of the proposed project improvements has the potential to significantly impact oak tree and deer herd habitats. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5. is required. III. Recommend to the Board of Supervisors approval of an Ordinance rezoning from TM-5 (Timber Mountain, 5-acre parcels) and PUD (Planned Unit Development) to TM-1 (Timber Mountain, 1-acre parcels) for John McLaughlin, identified as APN 063-180-019, with the following findings: A. The proposed TM-1 zone is listed as a consistent zone with the Low Density Residential General Plan land use designation. B. The property is adjacent to other residentially zoned property, including a TM-1 zone, and is located in proximity to other similar-sized residential developments: C. Access to the property is provided by private road connection to Forest Ranch Road, a County road capable of accommodating the additional vehicular traffic generated by this Rezone. D. The Environmental Health Department indicates that soil conditions are capable of supporting on-site sewage disposal systems at the density proposed by the Rezone to TM-1. E. The proposal is not incompatible with any adjacent agricultural operation, since no agricultural operation is adjacent to the project site. F. The property is reasonably accessible to commercial services and schools. IV. Approve Tentative Parcel Map 04-04 for John McLaughlin, subject to the conditions found in Exhibit"A" and the following findings: A. The proposed map is consistent with the Butte County General Plan Goals and Policies,particularly Land Use Element Polices: 3.2.a. Residential densities shall be correlated to soil, slope and other natural site characteristics. 3.2.b. Correlate residential densities to availability of water and sewage disposal and proximity to other public facilities. ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ 0 January 8, 2004 0 Page 6 of 14 ■ 3.2.c. Relate residential densities to intensity and compatibility of adjacent uses. 3.2.d. Balance residential densities with traffic-carrying capacities of existing and proposed circulation plans. 7.1.a. Consider fire hazards in all land use and zoning decisions, environmental review, subdivision review and the provision of public services. B. The design and improvements of the proposed subdivision are consistent with County standards and policies provided all conditions of project approval are complied with.. C. The project is physically suitable for the use and density of the proposed development because of the proposed parcel sizes provide adequate soils for leachfields, well locations and building sites that will not result in significant physical changes to the property. D. The design and improvements of the project will not cause public health or safety problems due to the large parcel sizes, and because the project site does not contain any significant physical characteristics that could cause health or safety concerns with the provided mitigations. ` E. The design and improvements of the project will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision provided the attached conditions are met. F. The project site is not within a 100-year flood zone or an earthquake fault zone. G. Approval of this project will not be detrimental to the public health, safety, and welfare provided the required conditions and mitigation measures are complied ~ with. H. The sizes of the proposed parcels; at 2.5t acres, are consistent with the Low Density Residential General Plan land use designation and with the proposed TM- 1 zone. y I. The project would result in Christina Lane providing sole legal access to 7 parcels. This number of parcels is consistent with Butte County Code Section 20- 133. J. Residential development on the project site is required to comply with Public Resources Code 4290 (Fire Safe Regulations) and all residential structures are required to have an interior fire sprinkler system. k:\planning\projects\tpm\mclaughlin.04-04\mclaughlin tpm agenda report.doc ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ ■ January 8,2004 0 Page 7 of 14 0 EXHIBIT A Tentative Parcel Map for John McLaughlin on APN 063-180-019, File # TPM 04-04: An application for a Tentative Parcel Map to divide a l0± acre parcel into four 2.5± acre parcels. I. CONDITIONS OF APPROVAL: Planning Division 1. Mitigation Measure # 1: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. C. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation." Plan Requirements: The requirements shall be shown on grading plans and included as a note on future recorded maps. Timing: The requirements of this measure shall be adhered to at all times during all site development activities. Monitoring: The Department shall ensure that measures are indicated on the plans. Public Works Grading and Building inspectors shall spot check; Grading and Building shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 2. Mitigation Measure # 2: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "A plan prepared by a certified arborist, botanist or landscape architect that shows the existing on-site mature oak trees, located in any area proposed for buildings and vehicular access, and provides for methods to protect the trees identified to be preserved, shall be submitted for review and approval by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The removal of mature oak trees shall be minimized, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature oak trees removed + shall be replaced on a 3-to-1 ratio, utilizing existing oak tree stock. Each oak tree to be preserved shall be surrounded by a circular zone (minimum 40-foot radius) identified by ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ 0 January 8, 2.004 ■ Page 8 of 14 0 an orange fence during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the fenced area." Plan Requirements: The above note shall be placed on the Final Map. Timing: The tree plan shall be submitted to the Planning Division for review with future building permit applications. Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on the Final Map. Public Works Grading and Building inspectors shall spot check; Grading and Building shall ensure compliance on-site. 3. Mitigation Measure # 3: Place a note on a separate document which is to be recorded concurrently with the map or on.an additional map sheet that states: "Fencing for areas other than residential areas shall be limited to a maximum of five (5) wire strands. The lowest strand shall be at least sixteen (16) inches above the ground and the upper strand shall be no higher than forty-eight (48) inches above the ground." Plan Requirements: The above note shall be placed on the Final Map. Timing: The requirements of the condition shall be adhered to at all times. Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on the Final Map. Building inspectors shall spot check; and Building shall ensure compliance on-site. 4. Mitigation Measure # 4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "At the time of building permit application, pay the applicable Deer Herd Impact fee(s) currently in effect." Plan Requirements: The above note shall be placed on the Final Map. . Timing: The required fee shall be paid at time of building permit issuance, if adopted or in force at the time of application. Monitoring: The Department of Public Works and the Planning Division shall ensure that the required notes are placed upon the map. The Building Division shall collect the fees at the time of building permit issuance if the County adopts the fees. 5. Mitigation Measure # 5: Place a note on a separate document which is to be recorded- concurrently with the map or on an additional map sheet that states: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ 0 January 8, 2004 0 Page 9 of 14 0 implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The above note shall be placed on the Final Map. Timing: This measure shall be implemented during site preparation and construction. Monitoring: Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 6. Mitigation Measure # 6: Prior to recordation of any parcel or subdivision map on the project site the segment of Humboldt Road on the project site shall be formally recorded with the Northeast Information Center of the California Historical Resources Information System at California State University, California. Plan Requirements: None. Timing: This measure shall be implemented prior to recordation of the Final Map. Monitoring: The Planning Division shall not sign off on the Final Map until such time at the road segment is formally recorded. The Land Development Division shall not cause the Final Map to be recorded until the road segment is formally recorded. 7. Mitigation Measure # 8: Execute a deed restriction and place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Dwellings shall not be constructed within 100 feet of the edge of nearest travel lane on SR-32 unless a noise analysis is.performed by a certified noise analyst and appropriate construction and noise attenuation methods are incorporated into the dwelling to reduce interior noise levels to 45 dB or less." Plan Requirements: The note shall be placed on the Final Map and attached to all executed deeds. Timing: The note will become effective at the time of building permit application. Monitoring: Building Division.plan examiners shall ensure that no residential building permits are issued in violation of the note. ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ 0 January 8, 2004 0 Page 10 of 14 0 8. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "A development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article H of the Butte County Code, prior to issuance of building permits. The fee amount will be determined and calculated as of the date of application for the building permit." 9. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permits." 10. The Tentative Parcel Map for John McLaughlin, File # TPM 04-04, shall not be recorded until such time as the Butte County Board of Supervisors adopts an ordinance rezoning the property to TM-1. 11. Prior to recordation of the Final Map, pay any outstanding project-related processing fees, r Department of Fish and Game fees. Land Development Division 12. Prior to, or concurrently with the recordation of the Parcel Map,provide a fully executed road maintenance agreement on the County approved form. 13. Provide street name signs per requirements of the Department of Public Works prior to recordation of the Parcel Map. Street names shall be approved by the County Address Coordinator prior to the recordation of the Parcel Map. 14. Provide a cul-de-sac, designed and constructed to county standards as specified in the County Improvement Standards. The Parcel Map shall show the cul-de-sac. 15. All access rights shall be reserved by deed, per County Ordinance, and offered for dedication and depicted on the Parcel Map. 16. The developer shall provide all necessary traffic safety signs including stop signs. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Parcel Map stating: "No public entity shall be responsible for the maintenance of the stop sign. In accordance with Civil Code Section 845, maintenance of the road, including the stop sign shall be shared by those properties with a legal interest in the private right-of-way or easement." 17. Pay the recording fees then in effect for recording the Parcel Maps and related documents. No 2.l"d► 'D • NOV*- 0016 w►a No ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ 0 January 8, 2004 0 Page 11 of 14 ■ , 18. Provide two-way traversable access to each parcel. from a County maintained road or from a state highway. Improve parcel frontage to RS-8 LD H and access road to parcel being divided to RS-8 LD-I. Submit road and drainage plans to the Department of Public Works for plan checking and approval prior to construction. 19. Show on the additional map sheet of the Parcel Map a 20-foot building setback from the right-of-way line of Christina Drive and a 25-foot building setback from the right-of-way line of State Highway 32. 20. Prior to the recordation of the Parcel Map a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 21. A Construction Storm Water Permit will be required by the State Water Resources Control Board if the project results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. 22. New lot lines shall comply with the applicable setback requirements of the Butte County Zoning Ordinance and the County adopted Uniform Building Code. 23. Show all easements of record on the Parcel Map. 24. Prior to or concurrently with the recordation of the Parcel Map, pay in full any and all delinquent,' current and estimated taxes and assessments as specified in Article 8, of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492. ....Fire Department 25. Mitigation Measure # 7. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "The building setback from the side and rear property lines shall be at least 30 feet to satisfy Public Resources Code 4290(Fire Safe Regulations)." Plan Requirements: The required note shall be placed upon the Final Map and shown on all building plans. Timing: This Mitigation shall be implemented at the time of site construction and prior to issuance of final building permits. ■ Butte County Planning Commission■ McLaughlin Rezone &TPM Agenda Report ■ ■ January 8, 2004 ■ Page 12 of 14 ■ 1 •II r t Monitoring: The Butte County Fire Department/CDF shall ensure that the required note is placed on the Final Map. The Butte County Building Division plan checkers shall ensure that the building plans for structures meet the setback requirement. Building inspectors shall ensure all specified structures meet the setback requirement by conducting an on- site inspection. 26. Mitigation Measure # 9. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water system, with hydrants that meet Fire Department specifications, serves the parcels." Plan Requirements: The note shall be placed on the Final Map Timing: Interior fire sprinkler systems shall be installed in all new residential structures at the time of building construction. Monitoring: Building Division plan checkers shall ensure that the building plans for residential structures include interior fire sprinkler systems. Building inspectors shall ensure all residential structures have a functioning interior fire sprinkler system prior to the final inspection,by conducting an on-site inspection. 27. Mitigation Measure # 10: In lieu of a pressurized water system or water storage tank, payment of$200.00 per created parcel into the Battalion 2 water tender fund is required prior to the issuance of a building permit. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Development of these parcels may require payment into the Water Tender Fund." Plan Requirements: The above note shall be placed on the Final Map. Timing: The required water tender fee may be required be paid prior to the issuance of a building permit. Monitoring: The Building Division shall ensure that the water tender fee is paid, if required, prior to issuance of a building permit. 28. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet which states: "Construction, installation or development of structures or facilities on the parcels, including as a minimum, driveway standards, building setbacks, and addressing, shall comply with the latest Fire Safe Regulations of Butte County, Public Resources Code 4290, and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits." ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ ` 0 January 8, 2004 ■ Page 13 of 14 0 r, Environmental Health Division 29. Identify on the additional map sheet a 100-foot leachfield free setback from each existing well within 100 feet of the project boundary. 30. Identify on the additional map sheet an area for wells and a 100-foot leachfield free setback around that area on Parcels 1, 2, 3, &4. 31. Identify on the additional map sheet a 50-foot leachfield free setback from the drainage way on Parcel 4. 32. Prior to the issuance of a building permit prove that the required quantities of domestic water are available to Parcels 1, 2, 3, &4. County Counsel 33. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval ofthis this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. II. NOTATION A. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. ■ Butte County Planning Commission N McLaughlin Rezone &TPM Agenda Report ■ ■ January 8, 2004 ■ Page 14 of 14 0 0 Quo ��a s,Q ic 'd e rces Ln 01) 1 0 rco C � M n olta F r O e O rn kbe w C) Q ::4P eros ay _D �° 3 0 co a • N St _J chott �s 32 a � . - � Q Q a •, a . 1 ., 0 7W 14W 21W 2800 3500 4200 Feet BUTTE COUNTY PLANNING CONMISSION Applicant: John MdAuolin Hearing 1 . 2004 i ' 11 am. Eidsting Zone: u.er Moua r. a 5 acre n i ni n mk- a 10 acre parcel into 4 parcels of 2.5 acres each. Assessor Parcel No: 063-18"19 F ow:TrFo 0 0 oo UN . DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR REZ 03-03 (John McLaughlin) ■ Butte County Department of Development Services ■Planning Division■ Page 1 ■ Project Name: John McLaughlin Rezone File#REZ 03-03 • J S COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR REZONE 03-03 (John McLaughlin) 1.0 PROJECT INFORMATION A. Applicant/Owner: John McLaughlin B. Staff Contact: Stephen Betts(530)538-7153 C. Proiect Name: N/A D. Proiect Location: At the end of Christina Drive;west of State Highway 32,Forest Ranch area E. T of Application(s): Rezone F. Assessor's Parcel Number: 063-180-019 G. Proiect Site Size: 10f acres H. Current Zoning: TM-5 (Timber Mountain 5-acre minimum parcel size) and PUD (Planned Unit Development)that encompasses approximately 2,296 square feet(0.21 acres)of the project site. I. General Plan Designation: Low Density Residential J. Environmental Setting: The project site is located in an unincorporated area in the northern portion of Butte County, in the community of Forest Ranch. It is located approximately 17 miles northeast of Chico in a rural lower mountain setting. The project site is surrounded by rural residential and low-density residential uses, with State Route 32 on the site's east side. The undeveloped site has gentle topography, which rises from east to west. The elevation of the property is approximately 2,320 to 2,400 feet above sea level. The project site has an average slope of approximately 13%, with the steepest slope being approximately 20% (in the eastern portion of the site). Vegetation on the site includes pines, California black oaks, extensive brush (primarily manzanita), and other plants and trees associated with the Yellow Pine Forest habitats. A large area in the upper portion of the site was cleared of all trees and is now vegetated with thick stands of manzanita. The project site generally drains via sheet flow to the southeast (towards SR-32). One very small ephemeral drainage is located in the extreme northeast comer of.the project site. The project site is not within a 100-year flood zone or within an airport overflight zone. 'K. Surrounding Land Uses: Direction General Plan Designation Zoning Existing Land Use(s) North Low Density Residential TM-5/PUD Residential/Mobile Home Park South Low Density Residential TM-1 Residential East Low Density Residential AR-5 SR-32 West Low Density Residential TM-2.5/TM-5 Residential L. Proiect Description: This project is a request to rezone the 10±acre project site from TM-5 and PUD to TM- 1 (Timber Mountain— 1 acre minimum parcel size). With the rezone, and upon approval of a parcel or subdivision map(s), the project site could be developed with up to ten 1-acre parcels for single family residential use. Sewage disposal for future dwellings on the site would be provided by individual, on-site septic systems. Domestic water would be obtained from individual wells. ■ Butte County Department of Development Services ■Planning Division■Page 1 ■ Project Name: John McLaughlin Rezone#REZ 03-03 • Access to the future parcels on the site would be from Christina Drive,which is a private road that connects to Forest Ranch Road, approximately 1,152 feet from the project site. Christina Drive is a cul-de-sac road that currently provides sole legal access for three parcels. With the proposed rezone and a subsequent subdivision map creating ten parcels on the project site, Christina Drive would provide sole legal access to a public road for 12 parcels. The applicant has submitted an application for a tentative parcel map to divide the 10-acre project site into four 2.5 acre parcels. The environmental evaluation for that project is being prepared separate from the rezone application. M. Public Agency Approvals: Butte County Planning Division Butte County Building Division Butte County Fire Department/CDF Butte County Environmental Health Division Butte County Public Works Department California Regional Water Quality Control Board Caltrans 2.0 DETERMINATION [ ] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [X] I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I fmd that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment,but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards,and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project,nothing further is required. P e a en Be ,, enior Planner Date -evi a Joe a er,Planning Manager Date PL4AfAi(tu�- m Butte County Department of Development Services ■Planning Division■Page 2 ■ ly Project Name: John McLaughlin Rezone,`k ile#REZ 03-03 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact"as indicated by the checklist on the following pages. [ ]4.1 Aesthetics [ ] 4.2 Agriculture Resources [X] 4.3 Air Quality [X] 4.4 Biological Resources [X] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [X] 4.7 Hazards/Hazardous Material [ ] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use [ ] 4.10 Mineral Resources [X] 4.11 Noise [ ] 4.12 Housing [X] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [ ] 4.17 Mandatory Findings of Significance B. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except"No Impact" answers that are adequately'supported by the information sources a lead agency cites in the parentheses following each question. A"No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved(e.g., the project falls outside a fault rupture zone). A"No Impact" answer should be explained where it is based on project-specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project-specific screening analysis.) 2) All answers must take account of the whole action involved including off-site as well as on-site,cumulative as well as project-level,indirect as well as direct,and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation,or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made,an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from"Potentially Significant Impact"to a"Less Than Significant Impact." The lead agency must describe the mitigation measures,and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses,"may be cross-referenced). 5) "Reviewed Under Previous Document." Earlier analyses may be used where, pursuant to the tiering, program EIR,or other CEQA process, an effect has been adequately analyzed in an earlier.EIR or negative declaration. Section 15063 (c)(3)(D). In this case,a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside ■ Butte County Department of Development Services■Planning Division■Page 3 ■ Project Name: John McLaughlin Rezone;l-ile#REZ 03-03 • - document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold,if any,used to evaluate each question;and y b) The mitigation measure identified,if any,to reduce the impact to less than significant. 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTI ETIC/VISUAL RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under 'Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources,including,but not limited to,trees,rock outcroppings,and historic X buildings within a state scenic hi hwa ? c. Substantially degrade the existing visual character or X quality of the site and its surroundings? - d. Create a new source of substantial light or glare which would adversely affect day or nighttime views L the area? X Impact Discussion: The project site is located along a section of SR-32 that is not designated as a State or County scenic highway(Butte County Scenic Highway Map). Scenic views are not visible from the site. The property is adjacent to the highway and is visible to the traveling public, although tall trees and extensive brush on the site and along the SR-32 right-of-way prevents the public from seeing very far into the site. This project would not significantly impact a scenic vista. The project site consists of an undeveloped property with tall pine and oak trees and an extensive understory of tall brush. This rezone project could ultimately result in ten 1-acre residential parcels on the project site. Future residential development on the site would introduce new visual elements, such as dwellings, accessory structures, and lighting,which would change existing off-site views. The site is vegetated with trees and brush to the extent that the homes would generally be screened from view by the vegetation. Homes would not be readily visible to the traveling public on SR-32, which abuts the project site. The future homes on the project site would have normal exterior household lighting. These lights are not expected to create any significant impacts due to the low number of lights that would be utilized. Street lighting is not required. Outside lighting is not expected to impact drivers on the adjacent SR-32 due to the low density of development and due to the tall vegetation that would help block stray light. Residential development of the site would be consistent with surrounding and nearby parcels. No substantial conflicts with the established character or function of the surrounding community are anticipated. Construction of a typical residential project causes short-term visual impacts. Grading operations and construction activities create a visual impact, and construction debris,rubbish and trash can accumulate on construction sites and are unsightly if visible from public streets. The completion of the project improvements would eliminate the short- term visual impacts of the grading and construction operations. Mitigation Measure: None required. ■ Butte County Department of Development Services■Planning Division i Page 4■ Project Name: John McLaughlin Rezone,File#REZ 03-03 •: 4.2 AGRICULTURE RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland,Unique Farmland,or Farmland of Statewide Importance(Farmland),as shown on the maps prepared pursuant to the X Farmland Mapping and Monitoring Program of the California Resources Agency,to non-agricultural use? b. Conflict with existing zoning for agricultural use,or X a Williamson Act Contract? c. Involve other changes in the existing environment which,due to their location or nature,could result in X conversion of Farmland,to non-agricultural use? Impact Discussion: The project site is designated Low Density Residential in the Butte County General Plan and is zoned for timber mountain residential development. The requested TM-1 zoning also permits agricultural uses. Soils on the project site have a Soil Conservation Service classification of IV,which are not prime agricultural soils and have limitations that make them general adequate only for livestock grazing and timber production. The property is covered with extensive brush (primarily manzanita) and is not currently used for cultivated crop production or livestock grazing. None of the adjacent land is utilized for agriculture and the project site is not P � g J � P ] designated as Prime or Unique Farmland, or Farmland of Statewide Importance(California Resource Agency). The project site is not subject to a California Land Conservation Agreement ("Williamson Act"). The site is within a designated Agricultural Preserve for Butte County which means that the land could be considered for inclusion into a California Land Conservation Act agreement if crops were being produced. As a part of the processing of this project, comments were sought from the Butte County Agricultural Commissioner's office. The Agricultural Commissioner's office stated that the project would not have any impacts to agricultural lands or operations. Mitigation Measure: None required. 4.3 AIR QUALITY: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the X applicable air qualityplan? b. Violate any air quality standard or contribute substantially to an existing or projected air quality X violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient X air.quality standard(including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant X concentrations? ■ Butte County Department of Development Services■Planning Division■Page 5 ■ ProJ'ect' g Name: John McLaughlin Rezone File#REZ 03-03 • Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated e. Create objectionable odors affecting a substantial X number of people? Impact.Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "nonattainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the state standards for ozone and fine particulate matter (PM10). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. This rezone project could result in up to ten 1-acre residential parcels on the project site. Future residential development of the project site would result in a cumulative impact on air quality created by the increase in vehicle -traffic, the potential use of wood burning devices in the new residences, and dust from vehicular traffic on unpaved driveways on the site. The additional vehicle traffic is not anticipated to be significant because only ten parcels (a net increate of nine parcels) would be allowed under the requested TM-1 zone. The future ten lots are well below the level determined to be significant by the Butte County Air Quality Management District for additional air-. quality analysis (1997 Air Quality Attainment Plan). The air quality impact of additional wood stoves is addressed through existing building code requirements calling for wood stove and fireplace inserts installed in any home to be EPA approved and designed to meet emissions standards of the California Clean Air Act of 1988 as amended. Future residential development on the site may create fugitive dust emission during site development activities,such as grading, excavation for foundations and utilities, driveway construction, and other soil work. The Butte County Air Quality Management District recommends incorporating measures to control fugitive dust emission for all road and other construction activities during project development, using such methods as site and driveway watering and/or use of other acceptable soil palliatives. To ensure that fugitive dust emissions resulting from future development on the site do not create any significant impact,Mitigation Measure# 1 is recommended that requires a note to be placed on future parcel/subdivision maps that address this potential impact. Mitigation Measure#1: The following note shall be placed on any future parcel or subdivision map on the project site: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum,this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered,kept moist, or treated with soil binders to prevent dust generation." Plan Requirements: The requirements shall be shown on grading plans and included as a note on future recorded maps. Timing: Condition shall be applied to future land division approvals. , Monitoring: The Department shall ensure that measures are indicated on the plans. Public Works Grading and Building inspectors shall spot check; Grading and Building shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. r � ■ Butte County Department of Development Services ■Planning Division■Page 6■ Project Name: John McLaughlin Rezone,File#REZ 03-03 4.4 BIOLOGICAL RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect,either directly or through habitat modifications,on any species identified as a candidate,sensitive,or special status X species in local or regional plans,policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,policies, X regulations or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? • c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act(including,but not limited to,marsh, X vernal pool,coastal,etc.)through direct removal, filling,hydrological interruption,or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory X wildlife corridors,or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree X reservation policy ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation X Plan,or other approved local,regional,or state habitat conservationplan? g. A reduction in the numbers,a restriction in the range, or an impact to the critical habitat of any unique,rare, X threatened,or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite(including mammals,birds,reptiles, X amphibians,fish or invertebrates)? i. A deterioration of existing fish or wildlife habitat(for X foraging,breeding,roosting,nesting,etc.)? j. Introduction of barriers to movement of any resident X or migratory fish or wildlife species? k. Introduction of any factors(light,fencing,noise, human presence and/or domestic animals)which could I-X hinder the normal activities of wildlife? Impact Discussion: Vegetation on the site consists of trees, shrubs, and grasses typical of the yellow pine forest with mixed hardwoods including yellow pine,Douglas and white fir, incense cedar,black oak,extensive manzanita, buckbrush, toyon, scrub oak, poison oak, pitcher sage, and others. Wildlife likely to be encountered on the site include striped skunk, pocket gopher, gray squirrel, black tail deer, American robin, hermit thrush, Brewer's blackbird, house finch, goldfinch, mourning dove, common flicker, Stellar's jay, scrub jay, common crow, turkey ■ Butte County Department of Development Services■Planning Division■Page 7 ■ Project Name: John McLaughlin Rezone,File#REZ 03-03 vulture, and western fence lizard. No riparian vegetation exists on the site (site visit and Department of Fish and Game ASBI Maps on file in the Butte County Department of Development Services). A very small ephemeral drainage is located in the extreme northeast comer of the project site. The site does not contain wetlands or vernal pools. The project site is not located in any wildlife conservation areas identified in the Butte County General Plan. The soils and native vegetation on the project site has been extensively modified due to timber harvesting, fire, and/or other vegetation-clearing operations conducted on the project site. Large amounts of the project site consist of heavy brush(primarily manzanita),which is a result of either a fire or timber harvesting. The California Natural Diversity Database (CNDDB Rarefind 2, Government Version, Jan-02-2003) was reviewed to determine if any special status species or habitats occur on the project site or in the project area. The CNDDB showed occurrences of Butte County morning-glory(Calystegia atriplicifolia ssp. buttensis) and Red Bluff dwarf rush(Juncus leiospermus var. leiospermus) in the project area. Neither one of these plant species is listed as a Federal or State endangered, threatened, or rare plant species (California Department of Fish and Game, State and Federally Listed Endangered, Threatened, and Rare Plants of California, October 2003). No impacts are expected to occur to because of the limited scope of new development on the project site and because this plant species is not a state or federal listed species. Numerous black oaks (Quercus kelloggii) are present on the property and the mixed conifer/oak woodland represents a significant habitat regime in the State, supporting a wide variety of animal species. Loss of oak trees, though not a listed species, is having a cumulative impact on wildlife resources according to the California Department of Fish and Game. Black oaks are protected by the Forest Practice Act on timberlands. In order to protect oak species,the following measure should be undertaken for any future development on the project site: A plan prepared by a certified arborist,botanist or landscape architect that shows the existing on- site mature oak trees, located in any area proposed for buildings and vehicular access, and provides for methods to protect the trees identified to be preserved, shall be submitted for review and approval by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The removal of mature oak trees shall be minimized, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature oak trees removed shall be replaced on a 3-to-1 ratio, utilizing existing oak tree stock. Each oak tree to be preserved shall be surrounded by a circular zone (minimum 40-foot radius) identified by an orange fence during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the fenced area. It is expected that much of the evergreen conifers on the project site could be affected by the ultimate development of this site. Typical of this area, homeowners try to retain as many trees as possible but there is no County ordinance to do so. Removal of conifers on the property would not be significant as these trees are in abundance throughout the upper elevations of Butte County. Three-Acre Conversion Permits are required to be obtained from the California Department of Forestry and Fire Prevention for the removal of any conifers due to home construction. The project site is located in winter range for the East Tehama Deer Herd(Butte County Deer Herd GIS coverage), but is also located in a California Department of Fish and Game Designated Development Zone (DDZ). While development may have impacts to winter deer range habitat the Department of Fish and Game has identified this area as suitable for additional development because the existing parcels sizes have already compromised the area for useable deer habitat. The Department of Fish and Game does not oppose additional development provided certain mitigation measures are included as part of any development. Future development on the site could result in a significant impact to deer movements. The 1984 Report of the Butte County Deer Herd Study Panel recommends that fences in non-residential areas meet specific criteria in order to prevent barriers to deer movements on and off a property. The Report of the Butte County Deer Herd Study Panel also stipulates that deer impact fees be collected. To ensure that impacts to deer movement are minimized, future development on the project site would be conditioned to require non-residential fencing meet certain standards and that deer herd impact fees be collected. ■ Butte County Department of Development Services■Planning Division■Page 8 ■ Project Name: John McLaughlin Rezone#REZ 03-03 • This project will have an impact to fish and/or wildlife due to impacts to deer herd movements and potential impact to oak woodland habitat. The payment of fees under Public Resources Code Section 21089 and as defined by Fish and Game Code Section 711.4 is required. These fees are payable by the project applicant upon filing of the Notice of Determination by the County. The proposal would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, local policies or ordinances protecting biological resources, or other approved local,regional, or state habitat conservation plan as there are no adopted plans affecting the project site. Mitigation Measure#2: The following note shall be placed on any future parcel or subdivision map on the project site: "A plan prepared by a certified arborist, botanist or landscape architect that shows the existing on-site mature oak trees, located in any area proposed for buildings and vehicular access, and provides for methods to protect the trees identified to be preserved, shall be submitted for review and approval by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The removal of mature oak trees shall be minimized, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter,4 feet from ground level. Mature oak trees removed shall be ieplaced on a 3-to-1 ratio, utilizing existing oak tree stock. Each oak tree to be preserved shall be surrounded by a circular zone(minimum 40-foot radius) identified by an orange fence during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the fenced area." Plan Requirements: The above note shall be placed on any the Final Map recorded within the project site. r Timing: The tree plan shall be submitted to the Planning Division for review with future building.permit applications. Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on the Final Map. Public Works Grading and Building inspectors shall spot check; Grading and Building shall ensure compliance on-site. Mitigation Measure#3: The following note shall be placed on any future parcel or subdivision map on the project site: "Fencing for areas other than residential areas shall be limited to a maximum of five (5) wire strands. The ,. lowest strand shall be at least sixteen (16) inches above the ground and the upper strand shall be no higher than forth-eight(48)inches above the ground." Plan Requirements: The above note shall be placed on any future Final Map. Timing:The note shall be reviewed prior to recordation of future maps approved within the project area. Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on the Final Map. Building inspectors shall spot check;and Building shall ensure compliance on-site. Mitigation Measure#4: The following note shall be placed on any future parcel or subdivision map on the project site: "At the time of building permit application,pay the applicable Deer Herd Impact fee(s)currently in effect." Plan Requirements: The required notes must be placed upon future recorded maps or on an additional map sheets. Timing: The required fee shall be paid at time of building permit issuance, if adopted or in force at the time of application. Monitoring: The Department of Public Works and the Planning Division shall ensure that the required notes are placed upon the map. The Building Division shall collect the fees at the time of building permit issuance if the County adopts the fees. ■ Butte County Department of Development Services■Planning Division■Page 9 ■ Project Name: John McLaughlin Rezone,File#FEZ 03-03 4.5 CULTURAL RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance X of a historical resource as defined in§15064.5? b. Cause a substantial adverse change in the significance of X an archaeological resource pursuant to§15064.5? c. Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d. Disturb any human remains,including those interred X outside of formal cemeteries? Impact Discussion: Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls,water ditches and flumes,and cemeteries;and architectural features. Cultural resources consist of any human-made site, object(i.e., artifact), or feature that defines and illuminates our past. According to ' Butte County constraints mapping, the project site is.located in an area considered to have a low to moderate j' archeological sensitivity. Often cultural resources are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of water. The project site is located in the lower portions of the Sierra Nevada Mountain Range and could have been utilized in historic or prehistoric times. Historic and prehistoric resources have been found in the general vicinity of Forest Ranch. The project site is near the location of the historic Humboldt Wagon Road. This road extended from Chico to the gold mines of Idaho, and some segments of this road still exist in the project area. Additionally, historic.artifacts associated with the road may still remain in the area. An archaeological survey (Archaeological Survey, c. 30-Acre Lehane Subdivision, Forest Ranch, Butte County, California, by Peter M. Jensen, PhD., Jensen & Associates, January 26, 1998) was prepared in association with a previous parcel map on the project site. The survey did not find any evidence of prehistoric activity or occupation, but did find a segment of the Humboldt Wagon Road proceeding north-south along the western property boundary, separating the project site from adjacent lands. The road is approximately 8 feet in width, does not contain wagon ruts, and appears to have been at least minimally modified by bulldozing or periodic contemporary use. The road alignment and depth of the existing track appear original. The survey report recommended that this road segment should be formally recorded as a historic site. Completion of that task would render that portion of roadway within the project area no longer significant for information or research values, as a result of which no further treatment or consideration of this site would be appropriate prior to development. It does not appear that the segment of Humboldt Road on the project site was recorded (phone conversation with the Northeast Information Center,Nov.25,2003). As already noted, the historic roadway lies along the west property line from which a 30-foot building setback is required. While no structures could be placed in this area other development activities, such as grading, could disturb this historic resource. To mitigate the impact to this resource,the road segment should be formally recorded as a historic site as recommended in the archaeological survey by Jensen& Associates. A mitigation measure for any future land divisions on the property is recommended that requires the road segment be recorded. Based upon the above information and -the local topography, it appears that the project is located in an area considered to be extremely sensitive for prehistoric,protohistoric, and historic cultural resources. Grading and other soil disturbance activities on the project site in relation to future residential development of the site have the potential to uncover historic or prehistoric cultural resources. To prevent impacts to historic or prehistoric cultural resources that may be uncovered during development activities on the project site, Mitigation Measure # 5 is recommended that requires. all construction activity halt and the county Planning Division and a professional archaeologist be consulted to evaluate the find(s). ■ Butte County Department of Development Services■Planning Division■Page 10■ Project Name: John McLaughlin Rezone,File#REZ 03-03 Mitigation Measure#5: The following note shall be placed on any future parcel or subdivision map on the project site: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately,, pursuant to State law,to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The required notes must be placed upon future recorded maps or on an additional map sheets. Timing: This measure shall be implemented during site preparation and construction. Monitoring: Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure#6: The following mitigation measure shall be incorporated into any parcel or subdivision map project on the project site: Prior to recordation of any parcel or subdivision map on the project site the segment of Humboldt Road on the project site shall be formally recorded with the Northeast Information Center of the California Historical Resources Information System at California State University,California. Plan Requirements: None. Timing: This measure shall be implemented prior to recordation of any parcel or subdivision map on the project site. Monitoring: The Planning Division shall not sign off on any parcel or subdivision map on the project site until such time at the road segment is formally recorded. The Land Development Division shall not cause any parcel or subdivision map on the project site to be recorded until the road segment is formally recorded. 4.6 GEOLOGIC PROCESSES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant_ Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial adverse effects,including the risk of loss,injury,or death involving: 1. Rupture of a known earthquake fault,as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the X State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic-related ground failure,including X liquefaction? 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X ■ Butte County Department of Development Services ■Planning Division■Page 11 ■ Project Name: John McLaughlin Rezone,File#REZ 03-03 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated c. Be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project, X and potentially result in on-or off-site landslide,lateral Treading,subsidence,liquefaction or collapse? d. Be located on expansive soil,as defined in Table 18-1- B of the Uniform Building Code(1994),creating X substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal X system where sewers are not available for the disposal or waste water? Impact Discussion: The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The site is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault, located approximately 29 miles from the project site, where activity on August 1, 1975 resulted in the Oroville earthquake. This earthquake had a Richter magnitude of 5.7 and resulted in approximately 2.2 miles of ground rupture along the western flank of Cleveland Hill. In the northwest corner of Butte County near Chico there are a series of short, north-northwest trending faults similar to the Cleveland Hill fault. These faults appear to be an extension of the Bear Mountain Fault or Foothills Shear Zone. Minor seismic activity has occurred in the area of these short faults; however,other geologic evidence indicates these faults are not active(Butte County General Plan 1977). The Butte County GIS Fault Lines theme shows that a series of inferred faults are located approximately 3 miles to the west of the project site. These inferred faults are a part of the Foothill Shear Zone and have not experienced any known movement during historical times. No impacts are anticipated since no rupture of a known earthquake fault exists in the project area. The 80-mile-long Midland-Sweitzer fault is located approximately 50 miles southwest of the project site. This fault is considered active and has caused historic earthquakes of Richter magnitudes 6 to 6.9 in the area in 1892. There is some speculation as to the exact location of the historic earthquake epicenters and some question if they actually occurred on the Midland-Sweitzer fault(Butte County, 1977). Approximately 5 miles west of Butte County there is a north trending fault system known as the Willows fault. This fault is approximately 40 miles long and displaces Cretaceous sediment in the Sacramento Valley. It does not appear to displace surface sediment and has been mapped principally by geophysical methods. However,there have been enough historical seismic events in the vicinity of this fault to conclude that it should be considered potentially active(Butte County General Plan 1977). Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings, pipes, light poles, roadways, and other improvements would be designed and installed in accordance with Uniform Building requirements. Because the project site appears to be located such that the probability of significant groundshaking is low, and because the future structures on the project site would be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard. Zone,potential geologic impacts would be less than significant. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a low potential for liquefaction. The impact would be less than significant. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that J there is a low potential for landslides in this area. Grading standards required to be met for the issuance of a building permit would reduce any potential impact. ■ Butte County Department of Development Services■Planning Division■Page 12 0 Project Name: John McLaughlin Rezone,File#REZ 03-03 The soil erosion potential for the project site is slight, according to Butte County General Plan GIS data. The soils on the project site are not prone to soil erosion. A small ephemeral drainage is located in the extreme northeast comer of the project site, but no development is expected to occur near this drainage because it lies mostly within the required building setbacks. The project site contains gentle slopes that generally would not be at risk of significant erosion. Large amounts of grading associated with future residential development on the site are not expected due to the gentle slopes on the site. Additionally, the use of standard construction techniques would prevent any significant erosion occurring from the site. The Conservation Element's Expansive Soils Map indicates that the project site has low to moderate expansive soil potential. The Building Division may require that the foundations of future dwelling on the site be designed and constructed to handle the shrink/swell characteristics of expansive soils. Standard grading and foundation design would reduce any potential impacts. Sewage disposal for future dwellings on the site would be handled by individual,on-site septic systems. The soils on the project site are generally adequate for septic systems. The Environmental Health Division does not object to the use of septic systems on the project site and did not recommend any conditions with regards to this rezone project. Future land divisions on the project site would require that adequate soil meeting the sewage disposal requirements of Appendix VII of the Butte County Improvement Standards be proved to exist on all proposed parcels. One-acre parcels may be too small to contain a septic system, replacement leachfield area, and a well. The Butte County Environmental Health Division,prior to the submittal of a parcel/subdivision map on the project site,may require extensive soil testing to prove that there is adequate soil on each proposed parcel. All new septic systems on the project site must be installed under permit from the Butte County Environmental Health Division. Mitigation Measure: None required. 4. 7 HAZARDS AND HAZARDOUS MATERIALS: Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use,or X disposal of hazardous materials? b. -Create a significant hazard to the public or the environment through reasonably foreseeable upset and X accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials,substances,or waste within one- . X quarter mile of an existing or 2roposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and,as a result, X would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport,would the X project result in a safety hazard for people residing or working in the project area? L For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people X residing or working in the project area? ■ Butte County Department of Development Services■Planning Division■Page 13 ■ Project Name: John McLaughlin Rezone,File#REZ 03-03 Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency X evacuationplan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires,including X where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Impact Discussion: The project site is not located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5(Cortese List) and is not near any listed sites or sites known or suspected to contain hazardous materials. The project does not involve the use of hazardous materials and would not create any hazardous materials. No impact is anticipated. The property is not located within the vicinity of an airport, airport land-use plan, or private airstrip, and does not interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated. The project is located within a State Responsibility Area for wildland fires and construction of homes in this area makes fighting wildland fires more difficult because fire resources must protect structures before wildlands. The nearest staffed fire station is Station # 23, located approximately 4 miles to the northeast at Platte Mountain. Volunteer station#25 is located approximately 0.5 miles away in Forest Ranch. The Butte County Fire Department/California Department of Forestry reviewed the project and did not have any specific recommendation with regard to the rezone request. Future residential development on the project site requires that State and County Fire Safe regulations be followed. Public Resources Code 4290 requires fuel reduction areas within 30 feet of all structures. Because of this 30-foot fuel reduction requirement, the current 5- foot side and rear yard building setbacks of the proposed TM-1 zone are not adequate. Property owners placing structures within 5 feet of a property line would be restricted from clearing or reducing vegetation on the adjacent parcel. To allow property owners to have control over fuel reduction around the structures on their property, Mitigation Measure # 6 is recommended that requires 30-foot side and rear yard building setbacks instead of the normal 5-foot side and rear yard building setbacks of the requested TM-1 zone. CDF,through routine inspection,is the responsible agency for ensuring that vegetation within 30-feet of structures is removed or reduced so as not to cause any significant impacts. Mitigation Measure#7: The following note shall be placed on any future parcel or subdivision map on the project site: "The building setback from the side and rear property lines shall be at least thirty(30) feet to satisfy Public Resources Code 4290 (Fire Safe Regulations)." Plan Requirements: The required note shall be placed on the Final Map. The Fire Department and Public Works Department shall ensure that the note is placed on the Final Map. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition. Monitoring: The Building Division and the Planning Division shall check building and site plans for compliance prior to issuance of a building permit. Building inspectors shall ensure compliance by conducting an on-site inspection prior to the final inspection. ■ Butte County Department of Development Services■Planning Division■Page 14 ■ Project Name: John McLaughlin Rezo>4e#REZ 03-03 • 4.8 HYDROLOGY AND WATER QUALITY: Potentially Less Than Less Than No Reviewed Would the proposal' Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge X requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g.,the production X rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course X of a stream or river,in a manner which would result in substantial erosion or siltation on-or off-site? d. Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a stream or river,or substantially increase the rate or X amount of surface runoff in a manner which would result in flooding on-or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage X systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade waterquality? X g. Place housing within a 100-year flood hazard area as mapped by Federal Flood Hazard Boundary,Flood X Insurance Rate Map,or other flood hazard delineation map? h. Place within a 100-year flood hazard area structures X which would impede or redirect flood flows? i. Expose people or structures to a significant risk or loss, injury,or death involving flooding,including flooding as X a result of the failure of a levee or dam? j. Inundation by seiche,tsunami,or mudflow? X Impact Discussion: Future residential development on the site would utilize on-site wells to obtain domestic water. In the Forest Ranch area, sufficient quantities of domestic water are usually obtained from deep auriferous gravel beds, and wells may have to be drilled up to and greater than 500 feet. The project is not expected to result in a significant reduction in ground water supplies in the project area. Future residential development on the project site would ultimately result in the creation of new impervious surfaces, such as dwellings, accessory structures, and driveways. While the amount of impervious surface area relative to 1-acre parcels is generally small and the amount of runoff is expected to be minimal,future land divisions on the site may be required to have a storm water drainage plan approved by the Public Works Department. Additionally, a Construction Storm Water Permit will be required by the State Water Resources Control Board if any development on the site results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Ill Butte County Department of Development Services■Planning Division■Page 15 ■ Project Name: John McLaughlin Rezontle#REZ 03-03 • Resources Control Board prior to construction. Development of the project site with ten 1-acre parcels would trigger the need for the Storm Water Permit. A small ephemeral drainage is found in the extreme northeast corner of the project site. The closest off-site watercourse is an unnamed seasonal stream located approximately 2,700 feet to the east(USGS topographical map). No impacts are expected to occur to the drainage on the site due to its location near the corner property lines—the required building setbacks from the two property lines would preclude any structures from being placed in this area. Additionally, no grading or other soil disturbance activities are anticipated because the area near the drainage is not needed for access. The project site is not located within a 100-year flood zone or 500-yearflood zone as shown on Butte County GIS maps, which are based on Federal Emergency Management Agency Flood Insurance Rate Map 06007C-0225C, dated June 8, 1998. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact would occur with respect to these natural hazards. , Mitigation Measure: None required. 4.9 LAND USE: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant 'Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide an established community? X b. Conflict with an applicable land use plan,policy,or regulations of an agency with jurisdiction over the project(including,but not limited to,the general X plan,specific plan,local coastal program,or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation X plan or natural community conservation plan? Impact Discussion: The property is designated as Low Density Residential in the Butte County General Plan Land Use Element. Consistent zones listed for this designation are R-1,R-lA&C,RT-1,RT-lA, A-SR, M-R, S-R, SR- .5, SR-1, TM-1, R-MH, and PUD. All of these zones have a minimum parcel size of 1 acre or less. The requested TM-1 zone is consistent with the Low Density Residential General Plan land use designation. The rezone from TM-5 and PUD to TM-1 would result in the potential for the creation of ten 1-acre single family residential parcels. The potential 1-acre lots would be generally consistent with the other parcels in the area which range in size from 0.7 to 7 acres. The rezoning of approximately 0.21 acres from PUD to TM-1 would not significantly affect the remainder of the PUD zone, which would be 8.87 acres. The PUD was approved but never completed. No improvements were proposed for this area of the PUD. The Low Density Residential General Plan land use designation lists seven zoning factors that must be considered when determining the proper zoning district for a particular area. The zoning factors, along with staff's response, are: • Existing parcel sizes and residential densities Surrounding and nearby parcels range in size from 0.7 to 7 acres. Generally, the parcels to the north, west, and east (across SR-32) are around five acres in size, while the parcels to the south of the site are ■Butte County Department of Development Services■Planning Division■Page 16■ Project Name: John McLaughlin Rezone�ile#REZ 03-03 • around 1-acre in size. Land uses on the surrounding and nearby parcels is primarily single family dwellings, with a 15-space mobile home park to the north. The requested TM-1 zone would be consistent with the surrounding parcel sizes and land uses. • Availability of sewers or suitability for septic tanks. Public sewer service does not exist in the project area. Sewage disposal for the future dwellings on the project site would be handled via individual, on-site septic systems. The soil on the project site—Aiken clay loam—is generally adequate for septic systems. The project site does not contain any steep slopes or high groundwater levels that would preclude the use of on-site septic systems. The Butte County Environmental Health Division inspected soil profile holes on the project site and does not object to the use of septic systems. • Effects on adjacent uses, water quality, air quality, noise, traffic flow and safety, and general environmental quality. No water quality impacts are expected because the soils on the site are capable of supporting on-site septic systems and because no significant amount of soil erosion is anticipated. Air quality impacts would not be significant due to the low density of development. The project would cause an increase in noise in the project area due to the expected future residential use, but the noise would not be significant and would be consistent with existing noise levels in the project area. The rezone project could result in ten 1-acre parcels on the project site, which could result in approximately 96 additional vehicle trips in the project ,area. All of the roads in the project area, including SR-32, have sufficient capacity to handle this minor increase in vehicular traffic. • Proximity to major streets,commercial services and all public facilities. Access to the project site is from Christina Drive. Christina Drive is a private road that lies within a 60- foot wide road easement. Christina Drive connects to Forest Ranch Road, which in turn connects to SR- 32, which is the access to Chico. Forest Ranch School (K-8) is located approximately 0.25 miles to the north of the project site. School bus service to Chico is provided for high school students. A small store with fuel is located approximately 0.5 miles to the south of the site. Extensive commercial services, high schools, hospitals, and recreational facilities are available in Chico, which is about a 15-minute drive from the project site. • Distance from airports,railroads and industrial uses. The Chico Municipal Airport,from which limited commercial flights are available, is about a 25-minute drive from the project site. Railroad service is also available in Chico. Industrial uses are found in the Chico area. • Existing utilities,walkways and drainage facilities. Electrical and telephone lines exist in the project area and can easily be extended to the project site. Piped natural gas service is not available in the Forest Ranch area, with many homeowners utilizing propane. The project site is located in a rural area, and County road standards do not require the installation of curb, gutter, and sidewalks along roadways. Drainage facilities in the area are limited and not generally needed due to the low density of development in the project area. Stormwater runoff from parcels in the project area is normally directed into natural drainages. • Local desires. Due to its rural mountain location, but short drive to Chico, the Forest Ranch area is very desirable and faces increasing pressure for additional residential development. At this time the local desires regarding this rezone project site is not known. It is possible that adjoining property owners would be opposed to any project that results in land divisions on the project site. This rezone project requires approval by both the Planning Commission and the Board of Supervisors, both of which will hold public hearings on this project. Local desires would not be known until the hearings are held. Public hearings would also be held for any future land divisions on the project site. ■ Butte County Department of Development Services ■Planning Division■Page 17 ■ Project Name: John McLaughlin Rezone'File#REZ 03-03 • J S The property is not within a habitat conservation plan or natural community conservation plan because no such plan exists for the area. No impact would be incurred. Mitigation Measure: None required. 4.10 MINERAL RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impaci with Impact Previous Mitigation Document Incorporated a. Result in the loss of availability of a known mineral resource that would be of value to the region and the X residents of the state? b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local X general plan,specific plan,or other land useplan? -1m pact Discussion: The proposed project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. The project is located at least five miles from mining activities, according to Butte County GIS data. Therefore,the project would have no impact on mineral resources. w , Mitigation Measure: None required. 4.11 NOISE: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan X or noise ordinance,or applicable standards of other agencies? b. Exposure of persons to or generation of excessive X ground bome vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing X without theproject? d.A A substantial temporary or periodic increase in ambient noise levels in the project vicinity above X levels existing without theproject? e. For a project located within an airport land use plan or,where such a plan has not been adopted,within two miles of a public airport or public use airport, X would the project expose people residing or working in the project area to excessive noise levels? L For a project within the vicinity of a private airstrip, would the project expose people residing or working X in the project area to excessive noise levels? ■ Butte County Department of Development Services■Planning Division■Page 18 ■ , Project Name: John McLaughlin Rezone, ile#REZ 03-03 J S Impact Discussion: The project site is located in a rural residential area that generally has low noise levels. However, the project site is subject to noise originating from vehicles on State Route 32 (SR-32), which abuts the project site to the east. Noise from traffic on SR-32 can be heard throughout the entire project site, and is especially noticeable in the eastern portion of the site. The vehicle noise emanating from SR-32 may result in significant impacts to future residents of the homes planned for development as a part of future land divisions on the project site. According to 2000 traffic counts, the average daily number of trips along this section of SR-32 is approximately 3,000. According to 1998 Caltrans truck traffic counts(the most recent available), the level of truck traffic near the project site is between 38 and 45 percent. The Butte County Noise Element states that for high-speed roadways carrying 5,000 to 20,000 Average Daily Trips (ADT), the 65 dB noise contour will be between 100 and 200 feet from the centerline of the travel lane. Given that the current ADT is less than 5,000 trips the 65 dB contour would 'be less than 100 feet away from the travel lane. Dwellings placed within 100 feet of the highway may be subject to high noise levels. To prevent significant noise impacts to the future residents of the site, a mitigation measure is recommended that prohibits dwellings from being placed within 100 feet of the nearest travel lane of SR-32 unless appropriate construction and noise attenuation features are incorporated into the dwelling to reduce interior noise levels to 45 dB or less. Construction activities on the site would temporarily generate high noise levels on and adjacent to the project site intermittently during project development activities. During construction,the highest noise levels would result from operation of heavy earthmoving equipment, which can be expected to generate noise levels of between 85 to 90 decibels (dBA) at a distance of 50 feet from the source. Noise levels will be reduced, however, by a factor of six dBA with each doubling of distance from the noise.source and by intervening topography. Construction noise activities related to the construction of ten single family dwellings at varying times is temporary in nature and is not seen as significant.The General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL for construction activities. Given the size of the parcels and significant distance from the nearest residential structures, construction noise is not expected to have a significant impact on nearby residence. Furthermore,any such noise disturbance would be intermittent and short-term in nature. Because of the relatively small increment of traffic added to the local roadways, the project would not significantly affect future traffic noise levels. The project is not located in the vicinity of an airstrip or within an airport land use plan. No impact would occur. Mitigation Measure#8: The following mitigation measure shall be incorporated into any fixture parcel or subdivision map on the project site: Execute a deed restriction and place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Dwellings shall not be constructed within 100 feet of the edge of nearest travel lane on SR-32 unless a noise analysis is performed by a certified noise analyst and appropriate construction and noise attenuation methods are incorporated into the dwelling to reduce interior noise levels to 45 dB or less." Plan Requirements: The note shall be placed on the Final Map and attached to all executed deeds. Timing:The note will become effective at the time of building permit application. Monitoring: Building Division plan examiners shall ensure that no residential building permits are issued in violation of the note. 4.12 HOUSING: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated ■ Butte County Department of Development Services■Planning Division■Page 19 ■ Project Name: John McLaughlin Rezone, ile#REZ 03-03 • ., J S Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area,either directly(for example,by proposing new homes and X businesses)or indirectly(for example,through extension of roads or other infrastructure? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people,necessitating X the construction of replacement housing elsewhere? Impact Discussion: Butte County population has grown at a rate at or below official population projections for the past 10 years. Projected population for 2000 was 207,159, while the actual census population was 203,171. The growth rate for Butte County between the 1990 and 2000 was 11.6%,or 1.1%per year: The proposed rezone would result in the potential for ten parcels on the project site, each of which could be developed with a single family dwelling unit. Thus,the project has the potential to add an estimated 24 people to Butte County(10 dwelling units x 2.414 persons/unit—assuming all occupants are new residents to Butte County). This is not considered a significant amount and is consistent with the estimated 2% annual growth Tate for the County. The project would not significantly affect the population of the area because the proposed density is consistent with the surrounding area. The project would not displace individuals or housing. No impact would occur. 4.13 PUBLIC SERVICES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities,the construction of which X could cause significant environmental impacts,in order to maintain acceptable service ratios, response times,or other performance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X 11 L Other public services? X Impact Discussion: The project site is located in an area designated as having a'high to very high fire hazard according to GIS data from the California Division of Forestry. This rezone project has the potential to create ten residential parcels, which would result in an incremental increase in demand for fire.protection services. The Butte County Fire Department/California Department of Forestry states that cumulative development in rural areas would impact their ability to provide fire protection services. This agency states that the installation of automatic fire suppression sprinkler systems in residential structures,the use of fire resistant building materials and the availability of water supply systems would reduce the demand for fire protection services. As a mitigation for any future land ■ Butte County Department of Development Services■Planning Division■Page 20■ Project Name: John McLaughlin Rezone,rile#REZ 03-03 • divisions on the project site, all new dwelling units on the site are required to be equipped with an automatic fire suppression sprinkler system unless the parcel is connected to a pressurized community water system. The interior fire sprinkler system helps keep a house fire from spreading rapidly. The interior fire sprinkler system is also a life- saving measure,which provides residents additional time to escape from a burning house. Due to the impact posed by the project to fire protection services,and in lieu of a pressurized water system or water storage tank, development of the site requires payment of$200.00 per created parcel into the Battalion 2 water tender fund prior to the issuance of building permits. This requirement would be added as a mitigation measure of any future land division on the project site. This rezone project has the potential to create ten residential parcels, which would result in an incremental increase in demand for police protection services. The Butte County Sheriff's Office provides law enforcement service to the Forest Ranch area. The cumulative impacts of increased residential development in the Countyim acts the ability of the Sheriffs Department to adequately provide police services to outlying areas. Butte County Code requires that Sheriffs facilities fees be paid prior to issuance of a building permit for a dwelling unit placed on the project site. The current Sheriff's impact fee for a dwelling unit is$360.00. A note to this effect is required to be placed on any parcel or subdivision map on the project site. With the payment of the Sheriff's impact fees the impacts to police protection services would be reduced to a less than significant level. The proposal would result in an incremental demand for school facilities in the area. The project site is located in the Chico Unified School District. The Forest Ranch School(K-8) is located approximately 0.25 miles to the north of the project site. High schools are located in the City of Chico and school bus service to Chico high school is available in the project area. The applicant is required to place a note on any future map that states: "A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount will be determined and calculated as of the date of application for the building permits." While school districts maintain that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees or mitigation by state legislation. The project would result in the potential development of ten dwellings, which would not create significant impacts to area parks and facilities. A less than significant impact is anticipated to other public services. Mitigation Measure#9: The following note shall be placed on any future parcel or subdivision map on the project site: "Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water system, with hydrants that meet Fire Department specifications,serves the parcels." Plan Requirements: The note shall be placed on the Final Map. Timing: Interior fire sprinkler systems shall be installed in all new residential structures at the time of building construction. Monitoring: Building Division plan checkers shall ensure that the building plans for residential structures include interior fire sprinkler systems. Building inspectors shall ensure all residential structures have a functioning interior fire sprinkler system prior to the final inspection,by conducting an on-site inspection. Mitigation Measure # 10: The following note shall be placed on any future parcel or subdivision map on the project site: "Development of these parcels may require payment into the Water Tender Fund." Plan Requirements: The note shall be placed on the Final Map. Timing: The required water tender fee may be required be paid prior to the issuance of a building permit. ■ Butte County Department of Development Services■Planning Division■Page 21 ■ Project Name: John McLaughlin Rezon9le#REZ 03-03 • Monitoring: The Building Division shall ensure that the water tender fee is paid, if required, prior to issuance of a . building permit. 4.14 RECREATION: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such X that substantial physical deterioration of the facility would occur or be accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities X which might have an adverse physical effect on the environment? Impact Discussion: The project site is not located within any established park and recreation district. The site is located within 15 miles of recreation facilities in Chico and within 13 miles of National Forest lands, where _ numerous recreation opportunities can be found. There are no neighborhood recreation facilities in the Forest Ranch area and no recreation facilities are proposed as part of this project. This rezone project,which could result in up to ten parcels on the project site,is not expected to have a significant impact on any existing recreational facilities. Mitigation Measure: None required. 4.15 TRANSPORTATION/TRAFFIC: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system(i.e.,result in a substantial increase in X either the number of vehicle trips,the volume to capacity ratio on roads,or congestion at intersections)? b. Exceed,either individually or cumulatively,a level of service standard established by the county congestion management agency for designated roads or X highwa s7 c. Result in a change in air traffic patterns,including either an increase in traffic levels or a change in X location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g.,sharp curves or dangerous intersections)or X incompatible uses e. .,farm equipment)? e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X ■Butte County Department of Development Services■Planning Division■Page 22 ■ Project Name: John McLaughlin Re zonile#REZ 03-03 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated g. Conflict with accepted policies,plans or programs supporting alternative transportation(e.g.,bus X turnouts,bicycle racks)? Impact Discussion: Access to the project site from a public road would be via Christina Drive, which is an existing private road that lies within a 60-foot wide easement. Christina Drive is chip sealed and connects to Forest Ranch Road, which is a public road. Christina Drive currently provides sole legal access for three parcels. With the rezone to TM-1, Christina Drive has the potential to provide sole legal access for 12 parcels. This number of parcels is well below the 20 parcels maximum allowed on a cul-de-sac road pursuant to Butte County Code Section 20-133. The proposed.rezone has the potential to create ten parcels for residential use, each of which would generate approximately 9.55 vehicle trips per day (Institute of Traffic Engineers Trip Generation Manuao, although dwellings in rural areas typically generate less than 9.55 vehicle trips per day. The ten parcels would generate approximately 96 vehicle trips per day. SR-32 has an average daily traffic load (ADT) of approximately 3,000 for the segment near the project site. The increase in vehicle traffic generated by the project would raise the ADT to approximately 3,096 which would represent a volume to capacity ratio of approximately 17.2% (3,097 trips/18,000 capacity). This ratio is still a level of service (LOS) A and the impact would not be significant. All of the roads in the project area have sufficient capacity to handle the increase in vehicular traffic generated by future residential use on the project site. The Public Works Department requires that a 60-foot right-of-way be established as access to each parcel. Each ' proposed parcel would have frontage on the Christina Drive cul-de-sac. Butte County Code Section 24-240 (b)requires two off-street spaces per dwelling. The ten 1-acre parcels allowed by the proposed TM-1 zone would have sufficient area to meet this requirement. This proposed rezone would not conflict with accepted policies, plans or programs supporting alternative transportation. Mitigation Measure: None required. 4.16 UTILITIES AND SERVICE SYSTEMS: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of X existing facilities,the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing X facilities,the construction of which could cause significant environmental effects? ■ Butte County Department of Development Services■Planning Division■Page 23 ■ ProjJect Name: John McLaughlin Rezone File#REZ 03-03 g Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated d. Have sufficient water supplies available to serve the project from existing entitlements and X resources,or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the X project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste X disposal needs? g. Comply with federal,state,and local statutes,and X regulations related to solid waste? Impact Discussion: The proposed project would include.individual septic systems for sewage disposal and individual wells for domestic water supply. Thus,the project would not have an impact on any wastewater or water treatment facilities because septic systems would be utilized. Some on and off-site storm water drainage improvements may be required due to development of the project site. No significant environmental impacts would be anticipated because drainage improvements do not appear to be extensive. The Butte County Public Works Department would determine the need for on and off-site storm water facilities and would ensure the necessary improvements are installed when a proposal to divide the property is received. Future land division(s) on the project site to create the ten parcels allowed by this rezone project would increase the stream of waste being deposited in the Neal Road Landfill by a minor amount. According to the Butte County Public Works Department,the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste with the incorporation of mitigation measures specified below. 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (SECTION 15065): Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal X community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of r. California history orprehistory? ■ Butte County Department of Development Services■Planning Division■Page 24 ■ Project Name: John McLaughlin Rezone Mlle#REZ 03-03 J S > Potentially. Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated b. Have impacts that are individually limited,but cumulatively considerable? ("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection X with the effects of past projects,the effects of other current projects and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human X beings,either directly or indirectly? The project has the potential to contribute impacts that are individually limited,but cumulatively considerable with respect to Initial Study Checklist Items 4.3—Air Quality;4.4—Biological Resources; 4.5—Cultural Resources;4.7 — Hazards and Hazardous Materials; 4.11 —Noise; and 4.13 — Public Services. Cumulative impacts to these areas would be mitigated due to the inclusion of Mitigation Measures # 1 through 10 as itemized under Section 5 — Mitigation Measures and Monitoring Requirements. '5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure#1: The following note shall be placed on any future parcel or subdivision map on the project site: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum,this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered,kept moist, or treated with soil'binders to prevent dust generation." Plan Requirements: The requirements shall be shown on grading plans and included as a note on future recorded maps Timing: Condition shall be applied to future land division approvals. Monitoring: The Department shall ensure that measures are indicated on the plans. Public Works Grading and Building inspectors shall spot check; Grading and Building shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. Mitigation Measure#2: The following note shall be placed on any future parcel or subdivision map on the project site: "A plan prepared by a certified arborist, botanist or landscape architect that shows the existing on-site mature oak trees, located in any area proposed for buildings and vehicular access, and provides for methods to protect the trees identified to be preserved, shall be submitted for review and approval by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The removal of mature oak trees shall be minimized, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter,4 feet from ground level. Mature oak trees removed shall be replaced on a 3-to-1 ratio, utilizing existing oak tree stock. Each oak tree to be preserved shall be surrounded by a circular zone(minimum 40-foot radius) identified by ■ Butte County Department of Development Services ■Planning Division■Page 25 ■ Project Name: John McLaughlin Rezon, ile#REZ 03-03 an orange fence during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the fenced area." Plan Requirements: The above note shall be placed on any the Final Map recorded within the project site. Timing: The tree plan shall be submitted to the Planning Division for review with future building permit applications. Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on the Final Map. Public Works Grading and Building inspectors shall spot check; Grading and Building shall ensure compliance on-site. Mitigation Measure#3: The following note shall be placed on any future parcel or subdivision map on the project site: "Fencing for areas other than residential areas shall be limited to a maximum of five (5) wire strands. The lowest strand shall be at least sixteen (16) inches above the ground and the upper strand shall be no higher than forth-eight(48)inches above the ground." Plan Requirements: The above note shall be placed on any future Final Map. Timing:The note shall be reviewed prior to recordation of future maps approved within the project area. Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on the Final Map. Building inspectors shall spot check;and Building shall ensure compliance on-site. Mitigation Measure#4: The following note shall be placed on any future parcel or subdivision map on the project. site: "At the time of building permit application,pay the applicable Deer Herd Impact fee(s)currently in effect." Plan Requirements: The required notes must be placed upon future recorded maps or on an additional map sheets. Timing: The required fee shall be paid at time of building permit issuance, if adopted or in force at the time of application. Monitoring: The Department of Public Works and the Planning Division shall ensure that the required notes are placed upon the map. The Building Division shall collect the fees at the time of building permit issuance if the County adopts the fees. Mitigation Measure#5: The following note shall be placed on any future parcel or subdivision map on the project site: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains;human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law,to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The required notes must be placed upon future recorded maps or on an additional map sheets. Timing: This measure shall be implemented during site preparation and construction. Monitoring: Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. ■ Butte County Department of Development Services■Planning Division■Page 26 ■ Project Name: John McLaughlin RezonFele#REZ 03-03 • Mitigation Measure#6: The following mitigation measure shall be incorporated into any parcel or subdivision map project on the project site: Prior to recordation of any parcel or subdivision map on the project site the segment of Humboldt Road on the project site shall be formally recorded with the Northeast Information Center of the California Historical Resources Information System at California State University,California. Plan Requirements: None. Timing: This measure shall be implemented prior to recordation of any parcel or subdivision map on the project site. Monitoring: The Planning Division shall not sign off on any parcel or subdivision map on the project site until such time at the road segment is formally recorded. The Land Development Division shall not cause any parcel or subdivision map on the project site to be recorded until the road segment is formally recorded. Mitigation Measure#7: The following note shall be placed on any future parcel or subdivision map on the project site: "The building setback from the side and rear property lines shall be at least thirty(30) feet to satisfy Public Resources Code 4290 (Fire Safe Regulations)." Plan Requirements: The required note shall be placed on the Final Map. The Fire Department and Public Works Department shall ensure that the note is placed on the Final Map. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition. Monitoring: The Building Division and the Planning Division shall check building and site plans for compliance prior to issuance of a building permit. Building inspectors shall ensure compliance by conducting an on-site inspection prior to the final inspection. Mitigation Measure#8: The following mitigation measure shall be incorporated into any future parcel or subdivision map on the project site: Execute a deed restriction and place a note on a separate document which is to be recorded j concurrently with the final map or on an additional map sheet that states: "Dwellings shall not be constructed within 100 feet of the edge of nearest travel lane on SR-32 unless a noise analysis is performed by a certified noise analyst and appropriate construction and noise attenuation methods are incorporated into the dwelling to reduce interior noise levels to 45 dB or less." Plan Requirements: The note shall be placed on the Final Map and attached to all executed deeds. Timing:The note will become effective at the time of building permit application. Monitoring: Building Division plan examiners shall ensure that no residential building permits are issued in violation of the note. Mitigation Measure#9: The following note shall be placed on any future parcel or subdivision map on-the project site: "Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water system, with hydrants that meet Fire Department specifications,serves the parcels." Plan Requirements: The note shall be placed on the Final Map. Timing: Interior fire sprinkler systems shall be installed in all new residential structures at the time of building construction. ■ Butte County Department of Development Services■Planning Division■Page 27 ■ Project Name: John McLaughlin Rezone,File#REZ 03-03 • . J g . Monitoring: Building Division plan checkers shall ensure that the building plans for residential structures include interior fire sprinkler systems. Building inspectors shall ensure all residential structures have a functioning interior fire sprinkler system prior to the final inspection,by conducting an on-site inspection. Mitkation Measure # 10: The following note shall be placed on any future parcel or subdivision map on the project site: "Development of these parcels may require payment into the Water Tender Fund." Plan Requirements: The note shall be placed on the Final Map. Timing: The required water tender fee may be required be paid prior to the issuance of a building permit. Monitoring: The Building Division shall ensure that the water tender fee is paid, if required, prior to issuance of a building permit. 6.0 ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Board of Supervisors. Agricultural Preserves Ma,established by Resolution No. 67-178. } Oroville,CA: Butte County Planning Department, 1987. 2. Butte County Planning Department. Archaeological Sensitivity Map. Oroville,CA: James P.Manning, 1983. 3. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Ma. Butte County Fire Department and California Department of Forestry, 1989. 4. Butte County Planning Department. Butte County GIS Data.Oroville,CA:November 2001. 5. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville,CA: CH2M Hill, 1977. 6. Butte County Planning Department. Environmental Checklist Form,Evaluation of Environmental Impact. File Number 93-15. Oroville,CA: February 8, 1993. 7. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville,CA: CH2M Hill, 1977. 8. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville,CA: CH2M Hill, 1977. 9. Butte County Planning Department. Liquefaction Potential Map 11-2,Seismic Safety Element. Oroville,CA: CH2M Hill, 1977. 10. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4,Safety Element. Oroville,CA: C112M Hill, 1977. 11. Butte County Planning Department. Noise Element Map IV-1,Scenic Highway Element. Oroville,CA: CH2M Hill, 1977. 12. Butte County Planning Department. Notice of Determination,Rezone 93-15,John Mcglaughlin.Filed with State Clearinghouse,Office of Planning and Research. July 13, 1993. 13. Butte County Planning Department. Scenic Highways Map V-1,Scenic Highway Element. Oroville,CA: CH2M Hill, 1977. 14. Butte County Planning Department. School District Man. Oroville,CA. 15. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 16. California Department of Transportation,Traffic Operations Division.2000 All Traffic Volumes on California State Highway System. 2001. 17. California Department of Transportation,Traffic Operations Division. 1998 Truck Volumes on California State Highway System. 1998. 18. California Department of Transportation,Traffic Operations Division. 1998 All Traffic Volumes on California State Highway System. 1998. 19. National Flood Insurance Program. Flood Insurance Rate Maas. Federal Emergency Management Agency. 1989. X20. Northwestern District Department of Water Resources. Chico Nitrate Study Map,Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 21. USGS Quad Maps. ■ Butte County Department of Development Services■Planning Division■Page 28 ■ Project Name: John McLaughlin Rezone,File#REZ 03-03 22. Archaeological Survey, c 30-Acre Lehane Subdivision, Forest Ranch,Butte County, California,Jensen& Associates,January 26, 1998. 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [X] Building Manager [ ] BCAG [X] County Counsel [X] LAFCo [X] Assessor [ ]Development Services [X] Chico Unified School District [ ] Air Quality Management District [ ]City of Chico [ ] Sheriff [ ] City of Gridley [ .]City of Oroville [ ] Town of Paradise [X],CA Department of Forestry [X] Caltrans(Traffic) [ ] CA Central Reg.Water Quality [ ] Department of Conservation [X] CA Dept.of Fish and Game [X] Highway Patrol [ ] Army Corps of Engineers [ ]U.S.Fish&Wldlife Service [X] Agricultural Commissioner [ ] Butte Co.Farm Bureau [ ] [ ] Feather River Recreation Dist. [ ] El Medio Fire Department [ ] [ ] LOAPUD [ ] PG&E [ ]Pacific Bell [ ] Palermo Union School District 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT. I/We have reviewed the Initial Study for the John McLaughlin Rezone (APN# 063-180- 019) application and particularly the mitigation measures identified herein. I/We hereby modify the applications on file with the Butte County Planning Department to include and incorporate all mitigations set forth in this Initial Study. 1\FFLkCA'JT— S16-�48V 0-'J -Fp'ac ed- 4 . Project Sponsor/Project Agent pIt"LL Date Project Sponsor/Project Agent Date k:\planning\projects\rez\mclaughlin\mclaughlin rez&tsm initial study.doc ■ Butte County Department of Development Services■Planning Division■Page 29 ■ , Project Name: John McLaughlin Rezople#REZ 03-03 • J S 36 T23N R03E MDBBM 1 Project Site 1 12 I ■ Butte County Department of Development Services mi Planning Division■Page 30■ Project Name: John McLaughlin Rezone'}ile#REZ 03-03 r } I � I 3 6r 4 ■ r -14 � 1 � � Ft�]I i A Iff K 4 s Nz a 11 i i r■� 19 r ■ r fat r� r INNONS _ Z no 21 oil Mi pq f■■s ��_ _ _ "� .1 :i I ■ Butte County Department of Development Services■Planning Division■Page 31 ■ s b MA XN AV v/��Y •�+e l £`a o �� r }. �\�__// AML 't 1 5 ! �;"� Vp �r 5 ( s t i ♦F' I }Cr S f'r Nk ...I:Y.... !lj•;•.. ��,R's�•+�'�R'Y •, •.: �y,,:,r'� y .r..w.".?�" .3� n .,� t ,*�y Wy.�yyl��yc!b►+vApw}� v- 4.• .ec''r ti{A ' ...�-•, •?`:'.. ,♦ " �� `i`r��'1��.� ��v'e.r"'dl,I ti...'7 L7'�'�"iilC. ell 4-1 X; fj($� I � — r •f lam' .� ti• � `�+—LS, ``", '� � y�� y ,t. • 40 • .'. r, _ter `� ��� ,. a i � µi- V 4. is 3' ',at;' �r �u � k,� ,r:�6 � �1 �� � •�y It It 1!' .#v,4 s + .•. SAL o •f �. .� y, r a� ; .w�ErA . r \t �• � , � r yam,.. •� „, .y 1 � 1 � {r r• �, ' Mf !tt l N • . ., Y1/ ..r w 471 Mk V 44 if yt ls����t,. its=.1��.� �y,� ._,. ,�• � 'J'._. r •. , •y,. •� • ``jj�= � }l�r� (r ., .per 1 \ �.. `~''.ms's'•�3`�` ' ,i �r. � t r r �••• •�, C ��',�•'t'-.�+^',�`.,y7 c+`yam,- a,+9.t�•,� w.>f, _ v � f' r rl••{.,+; ; i,tr •`, } fit} '/�•• �. JJJ1111 f , :` /.i• ��Mf• l ', •• � �f 'moi•;" •' t,��`+;Y.,. CD 11 iL CD Vitt C\j Op { VIA � ` �` r I � •{ -its ` k�` � � d BUTTE COUNTY JUL 16 2003 DEVELOPMENT SERVICES Craig Sanders County Planner Department of Development Services 7 County Center Drive Oroville, CA 95926 July 15, 2003 RE: Progress reports on J. R. McLaughlin Subdivision in Forest Ranch, California 95942 , Dear Mr. Sanders, ' f ' r It was a pleasure meeting you the other day and I very, much appreciate the education that I received. Obviously, there is still much more I need to understand about this whole process _ before I proceed any further with any development. I would like to stay informed about any meetings or action on the subdivision-that'you mentioned to me by Mr. McLaughlin off Christina here in Forest Ranch. I have enclosed 5 SASE so that may receive updates. I have also included my telephone number and e-mail address if you should find those useful as well. Thank you for your efforts on my behalf. { � r r Kenneth C. Reed 15934 Wagon Road Forest Ranch, California 95942 530-895-0620 cuttinae(a.inreach.com Encl: 5 SASE _ti r �, � .� �,e p:':.{t�.. � ��r� �.�}r�•V •��+�`^��'.•?1.�._...�t,,r,y.e,'j.:•���•i ik•� '�;'.�.y,,••'wa w(Z; .f, i 4;. �r • ;..rte. + .� •' � ria ;.�:.Y r. MM COUNTY COMMISSION HEARING 'DATES: 2,6 i. • •5 ••,td' ��rl. ,yl;•r Yui•. 1'i .� , µ t Butt.Co,Nmming Caron. JUL '48 i1 t 0'.'aa,c4foro4 { t JULY 20, 1.981 Emronmntd K.v;— t ENVIRONMFNTAL (:Fn1,0GY, SOIL AND HYDROLOGY �� t .11,1. u �98� STARR PROPERTY y; Buffo Countp REPORT COMPILED FOR MR. DOUGLAS STARR is P.O. BOX 365 FOREST RANCH, CA. 9594" s •c' a� r` REPORT COMPILED BY PAULSEN RESEARCH DF,VELOPMFNT P.O. BOX 225 ,r AUBURN, CA. 45603 -L 1 I i y rF. 1 1 r^Y: V Supervisor Saraceni stated there ;+as some :editional information which wes contained in the geologists report which referenced to State Water Reports in 1976. He provided copies to the supervisors. 2. Wesley Paulson, professional engineer registered geologist, Chico. Mr. Paulson stated he and his staff did a lot of water supple and sewage supply information for Mr. Starr's developmc•. ... He did detailed work for Mr. Martone and appeared before the Planniu,; Cc-iission. He has worked for the Bureau of Reclamation for 8 years, 5 of which was in Chico. <, IHe has lived in the Chico area for 19 years. There were questions which }' came up concerning water supply in the Forest Ranch area. 'e ^as worked in the Paradise Pines area. There has been problems with shallow wells in the Forest Ranch area. If the wells are not as deen as three feet they can be depleted., The same tuskin •+ater supply is in :he Pines area. Three to five people living in this area have adequate supporting water, even in the drought period. Water was even supplied t: PT_D several years ago. He feels the ground water is very stable and gccc sourse of water supcly. i The water table ranges from 50 feet to 200-300 feet. Martone's was 200 feet. The tuskin formation is from 800 to 1,000 feet. There were significant points of water supply. in his opinion it has not been yapped significantly ias yet. Present wells are obtaining water from the upper portion of tha wall. He felt assured there would be water at all times for manv more >` people than they will serve now. Mr. Paulson displa;aed a graph which was prepared for the Martone project. It was pump tested. It showed no decline after several hours. They measured close to the Fit:;^_rald Trailer Court and the Mart which are much closer to Starr property and there was no effect. On the sewage tests they dug adequate seals and standards of the State Quality Water Board with resecmable and highly successful with no damagn to the water quality. Mr. Paulson answered Acting County .Counsel Del Siemsen that he would supply a copy of the graph lie displayed for the Board for evidence. 3. Noel Williams, Cherry Lar. Forest Ranch, stated he felt the 2 project fell within the General Plan. He is very much in favor of the solar home concept as well as building homes that are affordable to law and u.oderetel low income people in Forest Ranch. 4. Tommy Varzo, Forest Ranch, stated he felt th.•:: geologist did ' a wonderful job of providing the information. There is a loc of no growth people in the area. This is planned development. Mr. Starr has researched water quality, septic quality, quality of living and affordsole solar homes. v He urged a yes vote. 4' n S. Don Dorshnlz, Forest Ranch, has lived in the area since June J 1970, His one main concern was the issue of whether t!._s has w["r and , r access. He felt they were important in dealing with the report. There is a spring that runs about 40 to 50 gallons per minute of water. 1 ° .� ..�48.•BpICgD'pF"`SOp.ERVTSOR'S MTN[JTES" -�Septeisber•2Z:.,.19g1 „;' .. ,... ....iriac:.y..i:.:ti:....:atD'1i " " +' a'7us��:'i�nirl:�:aTr�T''t�r:..w;�:f�•.zA'' `s�"'� � —,�=�.. .W 5. Carl Fin;ey, Forest Ranch, wanted to jive his support to i the project. 7. Paul Ord, Forest Ranch, felt the engineers report zddressed the issues. He expressed h's support for affordable solar Sousing in the area, 8. Gary Allspaugh, Forest Ranch, pointed out the fvct agriculture land in the Chico area is being used for housing,. Mr. Starr would not be using vital agriculture land. lie is supportive-of Nr. Starr's project. 1. 9. Grover Jones, Forest Ranch, stated he had lived in the area since November 1963. He owned the Shell Service Station, served as the Volunteer Fire Chief and the Fire.Department. He is not against growth. He is against too much costs until provisions are made for the costs. They know from a survey there is a water problem in Forest Ranch. Until outside water is brought in he highly reccmmended the Board stand with the five amore rt, zoning until outside water is brought in. When Mr. Paulson made his report r. the ground water was saturr.ted and running across the street from his station. 1 There are no provisions for larger schools. He is not against growth because ' he owns a station end it makes his business more valuable. His position is He does not want to see it changed because of the lack of water. The ground will have to be tested before there is development. He felt if they had a rule book they should stick with it. iD a 10. Bill Birch,, Forest Ranch, presented a petition and a letter from Edmund E. McRae to Board members. He is not a no growth advocate. He is for controlled growth. ;?e does not feel the Forest 2anch azee has been adequately surveyed as to the availability of the density problem. + They do expect growth. He wot:.ld like to see a survey completed by the county staff and to make a specific zoning in the area that would answer questions and pre-applications before the Planning Commission and the Board has that to be answered before hand. He would like assurances that even this particular application and others that have been accepted that i the land can support the growth in the area. He appealed his project 2h years ago and was told he was required to obtain an impact report. It r was resolved by the county departments through cooperation. The decision � on his project was on the availability of water, sewage and density impact on schools and the community. He questioned who would be responsible should s, there be problems in the future with unuseable wells. .1' a 11. Claude L. Willis, Butte Meadows Estates, Chico, stated he did live in Forest Ranch. He felt a hired geologist always favored the individual who hired him. He felt there was a lack cf nitrates in the enslysis. There are water problems in the area. There is one well that t is chlorinated. The people in Forest Ranch cannot afford !his type of water quality study. He ieit the situation in Forest Rsnch was different `+ from Paradise Pines. There is good percolation for wells in the Pines. 4, . he ridge in the Forest Ranch area is only one mile wide. There are large (., `Brings in the ground on the south side. The area is tough tuskin ash. .sre is a lot of water in the volley. There has been an environmental check .ist done on the water availability. He has drilled many wells is the area. x ''�""4,v*":4�-BOARDS`OF-StIPLtRVISOIM.N NMS - Serteviber 22 1981 `t :- , -� :.�mo�:�i�e�:���F:a+a•iz-"�:_.,riYinatL''_.'.`:k eis= ������l;�;��� �..yi�..j���ts h "�� � ,�., ENVIRONMENTAL GEOLOGY, :OIL^ & im)ROLOGY STARR PROPERTY i ------------------------------------ PURPOSE AND SCOPE OF INVESTIGATION This report has been prepared on the Starr Property, a portion of Section 7. T 23N, R3E, MOB and M., Butte Count--, California. The I . y" proposes: rezone application from TM.-ti to TM.-1 is located in the ! Forest Ranch area. The tohorir•:rphy of the area to be re-zoned consists of gentle slopes, with elevations near 21100} I',:et.. The mean annual precipitation range.:: from 60 to ",0 inches, an,: natural vegetation ri included mi .;,•d forest., ser.e ' ru h: arca:. and ;annual grasses. rho main a• or concern t'or the propert.;: involve the poss- ible interact cetween ner% wat,�r trolls on the propert;r and exis- ting ii.-ells in ,.he arn:,i, aroi pus;i':1c r.on;.ami::al.ion of neizht:•oring shallo', :ells .fro-.i scp'..ir: ;:nks :'n}r.i, m;:r• 1:o iast.:.�l.le<: in t1;r.• f'ut- ure t+ithin the pro.iect. ',oundarries. This report. till primarily add- ress these two concerns. i ! i METHODS OF INVESTIGATION A review of the literature available pertaining to the property Y included the follo,ving: 1. Geologic Map of California, Chico Sheet, Olaf P. Jenkins , edition, California Division of Mines and Geology, 1977. 2. Potential Ground Water Sources for Cohasset and Forest Ranch Service area, Memorandum by Ralph G. Scott, California Department of rater Resources, 1976. 3. Geology for Individual Sewage Disposal. Systems,California Stat- Dater Resources Control Board, .19;2. 4. Information Needs ['or llas;.c Disnosal from Land Developments, California Re'•;ional `:Ja:cr Qoalitv Control Board, Central Valley Re- gion. i 5. Fracture Traces in t e T•,scan Formation, Nortt.ern California_, 9 California Division of Mines and Geology, Special. Report 52, 1963. 6. Protracted Reci•arr•e oC Treated Se•r.at�e into Sand-Pert I Quality Chanr'es in Vertical Transport through the Sand,Vol. 12, No-3, Ground"aater , A 7. Paleosols overlying the Foothills Fault S:;stem,Special Report 149, California Division of Mines and Geology, 1980. B. Miscellaneous internal memoranda. Butte County Fnviro- nmental Checklist Forms, and water table and percolation test data from investigations performed on Mountain Village Subdiv- ision. In addition, a thorough field study arcs conducted on the i property, includin,,= i 1. Close investigation of s:irface soils. roar) cut:; and backhoe pita, and correlation ::i+.h published and uni.,Mished data. � 2. Geologic investigation of underlying rocks with respect to origin, age, and physical. properties, and correlation %;:ith published data. t j. Field evaluation of the hydrologic potential of the area, including location of existing local and review of extensive data compiled by the Mo witain Village Subdivision. I. GEOLOGY The basement rock type present in the area consists of pre- E, ?t -;;:}+ Cretacious metamorphic rocks. There were originally marine sed- ,, f imentary and volcanic rocks which were metamorphosed to schist, .: phyllite, and greenstone by the emplacement of the Sierra Nevada Batholith. Unconformably overlying the Paleozoic complex is the Tuscan Formation, cons istinp of basaltic and andesitic volcanic y mudflow deposits, and lesser amounts of tuff, tuff-breccia, and interbedded sand, gravel, and volcanic flows. very little exposure of this formation is present due to the soil thickness (20-30 feet). There are onlytwo or. three outcro)s of tuff event in the road T } p:• c:.ts. SOILS The Soils- in the project area are the Aiken Soil Series, which 4? are charac;eristicall deeu (u0« inches reddi:.h brown cla 'loam _ -.------Y__..._.._..._....___. ..___1_ ; roils exhibiting moderately slow permeability. These soils are neutral to s1iE;htly acid, e+ell drained, _nd hake a slight to mod- r' crate erosion ha^ard. Investigation of the property revealed soil thickness to be on the order of 26 to 30 feet. (Exposed in road cuts). There is primarily horizontal stratification and the grain v size is that of fine silt and clay, There is no evidence of shrink- swell fractur.' or excessive blocky stru In e; typical soil profiles %`^ } � 1 consist of 15 to 20 inches of silty loam, 15 to 30 inches of silty and clayey.loam,'and several feet of clayey loam. None of the pits•' r. t encountered a water table or saturated layers. Bedrock was not reached by the backhoe pits (15-18 feet deep) on the property. Y'`, •DROLOGY The Tuscan Formation intervolcanic sediments have excellent water bearing layers, and'also lavers that are essentially non-water bear- ing. There are seperated from each other by clay, tuff-breccia, and silt beds. The groundwater potential in this area varies depending on local conditions. There are several shallow (35-60 feet) water . �,. bearing strata on the property and aog od ater table. A tributary . 4 of Little Chico Greek floras through the property. This stream bed �t is dry immediately northeast of the Starr property line, but a spr- 1 Ing is present in the northern corner of Parcel 2 which yields a tt t� perennial flow. Several good wells are present in the immediate area, I �;,;• iricludinga - �' T` 1. Starr well, 50 feet deep, 40 gpm production from 48 feat. j 2. Mountain Subdivision Well, 45 gpm production from 35 to 60 feet. Extensive pump testing of this well in 1980 had no effect cn the surrounding wells. These wells were tested under the supervision T of Wessley W. Paulsen, Geological Engineer, according to the exact standards agreed upon and specified by the County of Butte. For pump )' test records, the County may refer to the Martone-Mountain Village t Subdivision Report by Paulsen on May 13 and April 30, 1980. The Northwoods Subdivision Well, 58 feet deep, supplies 10- j ll,*dwellings, with 18,000 gallon storage tank and an automatic chlor- ination system. . k CO CLUSIONS x w r , GEOLOGY- Ther-ids ii`evidence%of recentafault movement•or'associated �y geologic hazards. Th'e property ryas carefully inspected for sa_ik— sides, evidence .of 0 fs,et or ground rupture,7�shear zones.or any soil creep associated with recent,fault movement, and none of the'above _ ' t` •r kvrere.located. 'The terrain is gently rolling and there are no unstable �f> slopes or incipient slides which might be triggered by seismic act- "f vity.1It is'highly improbable that future surface displacement or ground rupture related to seismic activity will occur. Geologic cond- } itions are excellent for water well production and leach line install- Y�( (3) ' 4 ation� due to }iori�ontal" t`ratification;and poorly, permeable�A,toy�'_,� a�1r • imFbedsY � r + .si :t�`1{ .Frt ,s'• SOILS The deeply weathered Aiken Soils on the property contain s primarily clay and silt sized particles ideal for standard septic tank systems. Referring to State Plater Quality Control Board Data �. it is noted that sewage effluent with 20 feet or more of travel through this typo and size material will be free of bacteria. �. Other published data indicate that is +will also be free ,of viral pathogens. With respect to the parcel sizes proposed in the re- s� zoning application, septic tanks can be safely located on the . .' parcels, and no contamination should occur to wells within the i' subdivision or to neighboring wells. It is my opinion that sewage effluent will spread laterally and slightly down•,vard in the immed- iate area of the leach line and be used by evapo-transpiration.. Our work indicates that standard septic tank and leach lines will perform satisfactorily in the area, that conditions for such ins- tallations meet the requirements of Butte County, and that there will be no adverse effects of this sewage disposal upon the neigh- .•rc boring wells. HYDROLOGY The groundwater potential in the local area surrounding the Starr property is adequate for the parcel size proposed. The inter- �_. volcanic sediments in the local area which are- water bearing are k'relatively shallow (35-60 feet). This is evidenced by the wells in a `'the area which encountered good producing aquifers at these depths. The pump tests conducted by the Martone-Mountain Subdivision Indic- 'ate that these local aquifers can accept a few more producing wells trithout affecting the neighboring water supply. The parcel split proposed by Dir. Starr is not large enough to warrant concern in this area. The Starr property is also seperated topographically from most of his neighbors to the north, and it is doubtfull that a direct " hydralic relationship is present. There is no development present �E '„to• the southwest and downslope. �•,� � The current sanitary construction requirements for community :;.water wells specify a minimum depth of 50 feet for a well seal, unless i -F' - _t. q." there•is no feasible alternative for obtaining water and specific z app ovaYtisf arantedkby the Health Department. Our studies have Ind.- icated,that'the a uifers present at 40- 0 feet are certainly t ` v01`�,rt i L7 Pyr, : t �....��. Y� most ca'sbl"e of supplying water, and may be the only economically +" feasible,water supply in the area. Given the excellent filtration qualities, the high evapo-transpiration rate !it the area, and the primarily.horizontal stratification of the clay soils, it is my 0'...-opinion that a seal to a depth of 35 i,..,c would satisfactorily ` protect the water quality in wells on the property. There are several. wells in the area drawing water from these levels with no oignificant problems in water quality. �RECWM ENDATTONS J,i. Sites for septic tanks should be selected by a competent ,ter a ; geologist or soils engineer with knowledge of the local coil cand- ;, itions. •�.i L2. Future sites for water wells should be selected by a geologist '/• ' ynor.&Toundriater hydrologist with knowledge of the local water table ` a ^>•and a�juifers in the area. +» � 3,ilThe`H6alth• Department.should be contacted to review a request , 'g fort e emplacemmentkof 35 foot W;e, eals •in order'to',utilize the, good shalloN aquifers in the area. R , � * O .Your ivery truly, v, IYESSLEY W.PAULSEN "4 Na 911 VL 4=-, Wessley W //.'a ul s en '�fq N OF CAUEO� 1 , i y Parlsen Reocar:,-.:1 and Devolopment }FY - P.O.Box 225 4 Au ourn, Ce..,95603 �y.µ;r 1• .1 1. 4 . 1 S_l�i WW 1r 2 7•.. y , TM-5 - i 1 A R-5 PA- I �.� TM-1 / r )= TM-5 / a. ) �-T• .7: -f�9 �T. TM-5 ✓r .�7 ��Y��y�� •k f {F 4 �,�`11ro�`�{=�i i r r` ,,..fi I I I I r/ ` :• {� : ,yt A�P C t� 1. } FILE No. e3-3/ ' BUTTE COUNTY PLANNING COMMISSION a HEARING DATES: me'le'Kcy �•%�53 �y APPLICANT _z-ell' OWNER: »r�L ,.7 EXISTING ZONE: SCALE 'r REQUEST: �Ez�E To <r�-z r�-_� 401p r'o Y( TRIPLICATE STATE OF CALIFORNIA Ort?lot fill in -.OWnC1•<S COPY ,•'••_ TME RESOURCEST. AGENCY • NO. 114318 P'* DEPARTMENOF RESOURCES r tta+e.alwene n�y- '"'£ WATERWELLDRILLERS REPORT., stata Well No- 40 - ower wait T�1 OtiV1VER: N ' "E�1 ';�IAhSR\ k tc (12) WELL LOC: Torsi �/�t.De*pthof—rl.;.a:rn .y. Z from ft.' to k FormaNnn f n...ret. A, minr;'cD.naY<r, .t mi,rAJ)`�'�:� Cur (2):L IO F WELL (See trut,vctlons "4 .,.. : — G+,mh ' neper \Yell Nu Der- _ U differ."le dlaer. frww• D e- v ca�. a'K - ) .� rl� '•Dbe.ar dna./rem ciWs•toe,. G �C\'t A- =� _ (0) TYPE OF WORK: )'-4'r Ll� Nr Nell O 0.<peninr O Ft l - Recoditionint ❑ _ w. Horizontal Well O • Destrur.ction 0 (D 1. .7�' ,,.•::••, destroctiun malerirb l:-' . proeedum (4) PROPOSED - C /`, Domestic HELL LOCATION SKETCH Other (S) EQUIPMENTS (A) GM PACE, - i ltehry (� Revery O O No Cable• (3. _.Ais O.. r of Dore Other :..(3•: 'Duelet ❑ _ (T) CASING INSTAII.TO (A) rE"ORAS, 1 - Steel 0.';'Plastic[ Type o/:x n utdlre of rcre<o�i� Froin TDia r F To - — it f In. • Wall ft St' - 2 - _ - (9) WELL SEALi.,••• '• : 2 - i •WY mrfun sanitary seal ptosided? Yes•�'� No O If.ycl j.depth V k, - __._.•'�'� Wen Strata staled -ZoDutfop. Ta O NeUvd d sea' ��pp ` Work start 19 - ComDl<t (10).WATER LEVELSi ' WELL MULLER'S STATE.NIEN'f: Depth of Ant sntar• N - \• ' This cull war dn)' vnd,,w,Ivy' rive and thir rrwrt L. Nur to the Den Iof mY'v- Stantllpa kvei after.eU tomb - Irou:lydgr and L 1. (11) WELL TESTS: Slc.,l, _ ..J Was.eR test made?,••T Yes •No 0 11 yes•e,.Dom? r% 1 WAI Dt lk) ' Type of tot j' Pump p �: 'Aautr O ... .. Afr dh KANI e S5E." \ — .. Depth lD water at o(,t� =Al ed d tet M (Pef1 4 nr corp.n'nJ,( p p,fnled) Y� /min eftar�noun •.Wamr tempen \ as :. •�T� Coy ?b (�emlasl auJnir made? Yrs O No it made? YM by.bozo? Was ek"Ac ME made?-•.Tea 0• No If ym-.tft h copy m this.report Lie—No U I>.lr f wb reynrt / w—"�--•" DWA the Itlav"T.,a) IF ADDITIONAL SPACE IS NEEDED,USE NEXT CONSECUTIVELY NUMBERED FORM ^ DISCUSSION_OF_ENVIRONMENTAL_EVALUATION AP 63-11-�) • This proposal is a rezone from TV'--5 to Th-2 1/2 to allow ivur 2 1/'.' acre homesite parcels on +/- 11 acres of land north of Fora. t Ratich. The property lies in a large TM-5 (and AR-5) zoning diul.rict un Curr Forest Ranch ridge that was created in 1975 as e. result of 170r.:?st. I Ranch community and Butte County Planning Commission QfIorls t1,r a preserve this rural mountain community. This project, if approved, would create an "island" of hitilin•!r- dr2n-3i ty zoning in the midst of a large block of -five-acre minininm :-a inu. r, rezoning and development growth trend on smaller par'cr•1•:, r.0 ld hrar_:.nne established on the ridge as a result, encouraging sim,. l ,,r- 1/7 + acre parcel divisions and homesites. The existing charar_l -.,r nl thio, locality is open mixed forest, gentle-to-moderate slopitiq ridgeland terrain with dispersed rural residences along Propel hvi_nur.>. Numerous applications for tentative parcel maps, subdivilaions, and f; rezoning to allow residential parcels as small as 1 :acre have been processed since the TM-5 and AR-5 zones were adopted in 1'176. Of particular importance were the Douglas Starr rezone from TN 5 to TM-I on AP 56-28-33 and 31 (Log # 80-12--10-03) -. the Lechne�r- rezone from TM-5 to TM-2 1/2 on AP 63-13-03 (Log.# 80-05-19-06) , and the Douglas Starr rezone on AP 56-28-43, etc. (Log # 83-07-OB-01) . lb,e: Development at the higher 2 1/2 acre density would result in t rt`_c•:._ --greater soil disruption and overcovering than occurs at the 5 acre � densit ' :Existin road cuts ,ma need stabilization to prevent 1 Y.•' 9T Y P ' r g .. SUP' y.....�...�1- erosion. Some development•tl`lmi.tationstexist on this moderately slo in terrain. '•"�`pp `: ; "F P g Y,m rri r d1, ' �_i•,,M 'E.Y.� YY{�' s 1e;3b,c;•if;3f�: e constr.uctionkof "additional roads anddr.iveways `` moval of `soil.;protective vegetation, and homesite development at greater densities will create an increase in surface water runoff, „• causing increased erosion susceptibility and potential sedimente`-ion OF drainage courses (especially considering the terra.;*n and high rate- of ateof rainfall) . During any additional road construction, an increase- in erosion may occur, especially an the steeper slopes. Measures sho•_tld be taken to prevent soil erosion. Surface water- quality may also be affected try the greater density of development as nunierjus hornesites are constructed on the site (and on many ridneland areas. if a. y, down-parceling trend occurs) . 2a: There would be a slight decreas,. in loca_ air r,uality primarily due to increased vehicle emissions. Although this individual impact may not be significant for this site, it does add to the dust cumulative effects of increased v,•hicles in the Forest Ranch area, particularly if numerous smaller parcels are allowed on the ridge. There will be a substantial increase in dust from the additional traffic generated on the unpaved portion o� Nopel Avenue. 3b,c: Refer to above item (le) . i 3g,h,i: Groundwater resources are limited throughout the Forest l'(anzh Ridge area to varying degrees. The water source is locally water-bearing and water-recharging intervolcanic sedimerrta.ry layers, of the Tuscan Formation. The potential is poor to faAr for developmm-tit of adequate domestic water supplies, particularly tor• the proposed density of use. The downslope and depression location-. in the region have the greatest potential for groundwater production, e;;petted to yield modest amounts. (Reference: Groundwater Potentr:al for 5-•acr-k, j Parcels_in_the Forest Ranch Area; Dept. of Water Resour_e_.5; March, 1976) . Future well production of existing wells in the area could be affected bythisamoo a";.intensive�wate „use Proof of adequate water is dF •required by the§Butte Co`untyr�Environmental Health Department prior toi:� i a royal. If a continuous ode uate domestic' water ,su 1 cannot be - P P..:.c: �..,, q ,a . Y. p P y S. : shote yfor numerous7{ ifl Parc ls� then creation of., 1+ (acre zoning + w thislr'ea c`annotibe.justi'fr" 4a: Considerable forest vegetation may be removed under the proposed more intensive development, which would modify the character of the site and area. Increased runoff and erosion may also result since greater amounts of unprotected land surface would be �yxposed to intensive rainfall (60-70 inches annual , average) . However, the surrounding area, if induced to future development at the 2 1/2 + acre density should a rezoning trend become established, WOUJd be subjected to substantial tree removal for development of roads, driveways, ar:d homesites. 5d: A cumulative reduction of important low-elevation ridgeland wildlife habitat would result from conversion of this large ForFst f Finch Ridge TM-5 district to TM-2 1/2, upon subsequent land divi�-:Lions s and parcel development. The ridge is important winter- range for migratory deer herds. 6a: An increase in cumulative area noise would result from Qr•eat•er i intensity of development, due primarily to increased and more concentrated vehicular use, as well as residential noises (most of the area would be developed, under 2 1/2 acre zoninq, leaving less undeveloped open forest) . While the Highway 12 noise corridor is nearby, the Forest Ranch Ridge has a typically quiet acoustic character, due to the low density of development and abundrnze of forest vegetation. 7: Increased area light would be introduced from residential and exterior security lighting on numerous 2 1/2 acre parcels. ' Appendix, F Page 1 i6- T [,AN!41iq .w:•, •,ran_ ,.wr- n<s�.n�r.wars-f•. ..� r TM-5 / AR-MH- PA- A FA -ru'BE -112 1 c , 'r S r — _ ' ! \ i'/�__ •'ice-_-�-+ •• . ( t `�°.�1ar:.�;.:..r.�..::'�; '�'1� +j,`.� .:.�,• �; •. . '' FILE Na �5•.S2.r-.`• s U-MUMBUToTESCOUNTtYt PLIANNINGMCOMMISSIONQC? ,z r �i : N Ito' ► tO, '�^• 'F� ••,:,,, '.' •','r R HEAR{NG»'1DATES�p'JA APPLICANTS'iS-e6 e;"c-`NAv�L�; F 'OWNER"SAME � REDUES'T1.RE?.oae,•n) TM•2 '/2 EXISTING ZONE- SCALE i t"= t3oo' 1 MOM -.•r 02/18/04 10:51 FAX 530 538 7120 BUTTE COUNTY ADMIN. 0 001 i e0 TTFoI COUNTY OF BUTTE o' 0 25 County Center Drive 0 o Oroville,CA 95965 o ° Fax# 530 538-7120 oU Tb: Name C �J w Date / O Company Fax Number 7h" From; Name r! Department Phone Number Message: /yI u Number of pages including this cover sheet f 1 , FEB 18 2004 BUTTE COUNTY PLANNING DIV ION t i 02/18/04 10:51 FAX 530 538 7120 BUTTE COUNTY ADMIN. i 1� 002 - _ Nortl�Star , . BOARD OF SUPERVISORSENGINEERING FEB NGINEERINGFEB 1 M Civil Engineers•Surveyors OROVILLE, CALIFORNIA February 10,2004 Honorable Board of Supervisors Butte County C/o Clerk of the Board 25 County Center Dr. Oroville, CA. 95965 RE:John McLaughlin Rezone, 0303 and TPM 04-04 AP#063-180-019 Forest Ranch Area Your Honors; In January of 2003, Mr. McLaughlin contracted with this office to prepare a Tentative Parcel Map on the above referenced property..He desired to create 3 additional parcels for a total of 4 parcels at 2.5 acres each. This parcel size does not conform to the current TM 5 (Timber Mountain 5 acre minimum parcel)zoning,making a rezone necessary. In April of 2003, a Rezone Application was submitted requesting a zoning of TM-2.5 for the parcel in question. This zoning would be consistent with several adjacept parcels. After much of the work for this request was complete, it was determined that the TM 2.5 zone was inconsistent with the general plan designation of Low Density Residential, as is the current TM-5. The TM-I zone is consistent with the general plan designation and the one suggested by the planning department. Our client's choice to accept the TM-1 zone was based partly on simple expedience, as a fair amount of time had elapsed. His choice was also influenced by the enhanced uses this zoning would allow, such as the ability to build additional dwellings on each parcel, as well as the potential for future division to 1-acre parcels. At our client's request, the . Tentative Parcel Map Application has retained the 2.5-acre parcel size. At the Planning Commission meeting, a small minority of vocal neighbors were present to oppose this project. The reasons given varied from water availability to over I7de crowding. As a gesture to the community, Mr. McLaughlin reluctantly agreed to ammended condition on the rezone, suggested by staff, limiting this parcel to no futureelopments smaller than the 2.5-acre parcels now proposed. He agreed in order to keep flue project moving and avoid any further delays. After the close of the public hearing, the Planning Commission also voted to recommend that no second dwelling units be allowe on these parcels. 20 DECLARATION DRIVE CHICO,CALIFORNIA 95973 f2 �—i2 �J F.\L=d Pm*-M R218152Wwmen S l52 530--M-2 00 D l5 l� V FAX-893-2113 FEB 18 2004 BUTTE COUNTY PLANNING DIVISION f; a t' t i 02/18/04 10:51 FAX 530 538 7120 BUTTE COUNTY ADMIN. 1�003 February 10,2004 i - After further review on our part, these conditions appear to be a takiAg of Mr. McLaughlin's rights, especially those rights defined in section 65852.2 of the California Government Code with regard to second dwellings. The same rights enjoyed by his neighbors and supported by the general plan designation of Low Density Residential. This designation indicates that this area is suitable for this type of development density or greater. These conditions were adopted to appease a small number of protestors. T dy are riot based on any need to slow rampant development. Nor are they based on any findings of environmental impact that require mitigation. Once these conditions are in place, it will require a lengthy and difficult process to remove them, possibly another rezone, regardless of the circumstances at that date. Any further division of these parcels will require a tentative map application and an action by the Planning Commission. We therefore respectfully request that you approve the rezone to TM-1, without the conditions recommended by the Planning Commission. Thank you for your consideration in this matter. Sincerely, NorthStar Engineering Douglas S. Sutherland, LSIT Assistant Surveyor cc. Robert Beeler Jane Dolan Mary Ann Houx Curt Josiassen Kim Yamaguchi John McLaughlin F:llmd Projects R2%]52Wocumeut9%152-BOS.doo f - r - Page 1 of 2 Betts, Steve t, From: Baker, Joseph Sent: Thursday, February 19, 2004 8:58 AM To: Spoor, Cheryl Cc: DeBrunner, Deborah; Christopher, Yvonne; Betts, Steve Subject: RE: APPLICATION BILLINGS ON HOLD -Status Update- Direction Requested Cheryl, Please apply the balance in the McLaughlin TPM 04-04 to the McLaughlin REZ 03-03 and then bill Mr. McLaughlin for the balance due to bring his deposit up to the requirements contained in County ordinances. Thanks for the heads up on this issue. Joe Joseph W. Baker Planning Manager Butte County Department of Development Services + (530)538-6572 • joseph.baker@buttecounty.net -----Original Message----- From: Spoor, Cheryl Sent: Thursday, February 19, 2004 8:27 AM To: Baker, Joseph Subject: FW: APPLICATION BILLINGS ON HOLD - Status Update - Direction Requested -----Original Message----- From: Spoor, Cheryl Sent: Wednesday, February 11, 2004 3:11 PM To: Baker, Joseph Cc: Christopher, Yvonne; DeBrunner, Deborah Subject: APPLICATION BILLINGS ON HOLD - Status Update - Direction Requested Joe, SECOND REQUEST—Please provide direction. Thank you. Cheryl Spoor, Administrative Services Assistant Department of Development Services Joe, r 1. Gilbertson, TPM 03-17 ( 1 believe this is the one that we received the note that said he had Y spoken to Curt Josiassen and was told he did not have to pay the invoice sent 10/20/03.) The deposit amount is $1000.00 with 25% = $250. The balance on the application is $127.07 remaining funds--less than 25%. The balance due is $872.93 to bring it to a full deposit. 2/19/2004 Page 2 of 2. 2. McLaughlin, REZ 03-03–The deposit amount is $2000.00 with 25% _ $500.00. The balance on the application is $188.35 remaining funds—below 25%. The balance due is 811.65 to bring it to a full deposit. 3. McLaughlin, TPM 04-04–Application approved 1/8/04–ok to finalize. Refund due to applicant is $746.59. May I apply this to the application above (REZ 03-03) instead of refunding it? 4. Parsley, TPM 04-01 –Now owes $799.82 + re-deposit= $1799.82 now due. (Billed out 1/27/04 with invoice totaling $1696.57–the amount then due--$696.57+ a re-deposit of $1000.00.) Are the applications listed above (1, 2, and 4)still on hold for billing purposes? Is work stopped on these'yet? Thank you for your direction. Cheryl Spoor, .Administrative Services Assistant 2/19/2004 Betts, Steve From: Baker, Joseph Sent: Tuesday, December 02, 2003 8:11 AM To: 'Jim Herrick'; Betts, Steve Cc: John McLaughlin; Christopher, Yvonne Subject: RE: McLaughlin Rezone Jim, The revised initial study for the McLaughlin Rezone hit my desk yesterday morning at 11 am. I intend to have it reviewed and to County Counsel for their legal review no later than the close of business today. It is my desire to have this project moved forward assuming that no problems arise of a legal type for the Jan 8 Meeting. I did inform John that this schedule is subject to change if problems arise in the processing of this application. Bear in mind this schedule assumes that this project will be transmitted to the State Clearing house no later than 8 Dec. Thank you for your interest in this project. Joe Joseph W. Baker Planning Manager Butte County Department of Development Services (530) 538-6572 joseph.baker@buttecounty.net -----Original Message----- From: Jim Herrick (mailto:jherrick@northstareng.com] Sent: Tuesday, December 02, 2003 7:26 AM To: Baker, Joseph; Betts, Steve Cc: John McLaughlin; Christopher, Yvonne Subject: McLaughlin Rezone Ladies and Gentlemen It was my understanding that this was going to make the January 8, 2004 Commission meeting. John McLaughlin has told me that Joe Baker said it may not make that meeting. Joe, on November 20th I received an email from you saying that the restriction for only 4 parcels was being taken out and that it was pretty much ready to go to County Counsel. How many times do they review this? I believe that they have seen this at least twice if not more so it can't be that much of a problem. John McLaughlin and I have tried to do all that has been ask of us on this project even though many times it made absolutely no sense.• We were assured in late October that this would be put on the fast track and that every effort that could be made to move this along would be made. It appears that this assurance is not being met so we are asking what can be done to get this project .processed. I will remind„you that we started this process at the beginning of April this year so we are going to be approachinga year very soon. We also have a Parcel Map . Application that was submitted on the recommendation of your staff in August so those fees have been tied up since then also. Please let me know when we can expect this initial study to be complete and sent in for review. 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'�-asoi.r,.a eat- "-wlr,t •�.,..{t bon Its�recgmmen�latron for pet's Z NUMn aS'f. "i ...fr,{-, +vr ,nmanent zoorung^�' ��xI�k r<. z SupeiviSo gWim rd„5R,IchteT` ]7t' y.. gym_ '.4 Chloxpposed thMarge}scle - merrrrl ifequest sayingtt ,+M`.✓8Y a S9'"•X�yJ,M.yro'E.' SjG a,Y, t.. covered too,much afea'andhat: the e BSS+nQr ShO'aF rmnl rgmerg�en y.�rrgeq}� he h� ty, d�gptlo of aInttTlm `Jle a u! ;��((,((Urt;` 1.:5, Ft L3atiaN•^1'...F 6:Y `t•n 'uln'vrN rdeyelopme ts 'y!hrch �may��+be �JeI't"irntelyundecY vyaYuneR - �exlstingogeneral`(A�4 2�' orunR� � N111I�Shadcotnpl edat� thereVIMseesnttQ,be,�sE large`s'caleL v Yz w as .&°t cr sirs r�i a �det eloprnent Eotnmen¢Ingat� FFU �anY• F�R'anch Iricluduig eaten - �ty LF.1+Si."A''�tY Tz; �l'�•/ F 41�;i�:nN�,k�d i, _ _ Page 1 of 1 Betts, Steve From: CHICOBREW@aol.com Sent: Wednesday, January 07, 2004 7:58 PM To: Betts, Steve Subject: RE File#REZ 03-03 &TPM 04-04 Dear Mr. Betts, My name is Brian Sheffield and I live at 4784 ShufFleton Dr. in Forest Ranch. I am unable to attend the meeting tomorrow as I cannot get away from work. Initially I had no objections to the plan to rezone this parcel with the intent to create four 2.5 acre parcels that would ultimately result in a maximum of four new homes. However, since finding that this rezone would leave the door open, without restriction to the tentative 2.5 acre proposal, for Mr. McLaughlin to create ten 1 acre parcels with a potential for ten new homes, I am vehemently opposed to it. For one, I feel that the proposal for the tentative four parcel split is nothing more than a tactic to avoid opposition until the new zoning is granted. Opposition will no longer matter if he chooses to maximize his potential return on this development after the rezone. No one I have discussed this with knows who Mr. McLaughlin is, and we have no reason to assume that he has our quality of life at heart in this venture, or has anything more than a financial interest in Forest Ranch. While it is amusing to see the one acre parcel size referred to as 'low density', anyone familiar with Forest Ranch knows this is about as'high density' as it gets here regardless of what this designation may mean in Chico.And though this parcel abuts one acre lots to the South, these parcels are all accessed from the South or'downtown' Forest Ranch area where the majority of one acre parcels here are located. The North east side that this parcel now gets its access from and would send all its traffic to is a more urban area with larger parcels and less congestion.This would certainly change with 96 additional vehicle trips a day, whether the roads can 'in theory'handle the load or not. Furthermore, most of the homes in this area have very shallow wells (mine is 80 feet) because we are fortunate to have a good aquifer here. The idea of many new wells and septic systems this close to a creek bed that surely supplies much of this water is a major concern. In fact only recently have several residents including myself had wells test positive for coliform bacteria when this was never a problem in the past. Development is almost surely the cause. In light of the concerns I have listed here I ask that you please urge the commission to deny John McLaughlin his request to rezone this parcel (APN 063-180-019). Sincerely, Brian Sheffield ' 1/8/2004 Betts, Steve From: Johnstone-Lindemann, Pam [PLindemann@csuchico.edul Sent: Wednesday, January 07, 2004 12:11 PM To: Johnstone-Lindemann, Pam; Houx, Mary Anne; Betts, Steve; Beeler, Bob; Dolan,Jane; Josiassen, Curt; Yamaguchi, Kim Cc: Dawn Branthaver Subject: RE: STRONG OPPOSITION TO ITEM E ON TOMORROW'S AGENDA Dear Supervisors, It has come to my attention that the request is to divide the 10 acre parcel into four 2.5 acre parcels, which we are still in opposition. Please maintain the 5 acre zoning minimum in our area. Again thank you for your support and assistance. Pam and Michael Lindemann Forest Ranch Residents > -----Original Message----- * From: ' Johnstone-Lindemann, Pam > Sent: Wednesday, January 07, 2004 12:02 PM > To: 'MAHoux@buttecounty.net' ; 'sbetts@buttecounty.net' ; 'BBeeler@buttecounty.net' ; 'JDolan@buttecounty.net' ; 'CJosiassen@buttecounty.net' ; 'KYamaguchi@buttecounty.net' • > Cc: 'Dawn Branthaver' > Subject: STRONG OPPOSITION TO ITEM E ON TOMORROW'S AGENDA > Dear. Supervisors, > > My husband and I have lived in Forest Ranch for 25 years. We chose the area in which we. live for several reasons including the fact that the parcels could not be smaller than 5 acres. It is our understanding that there is a request to rezone a neighboring area of land into 1 acre parcels. we are in strong opposition to this change and feel it should not be allowed. The person that recently purchased this property bought the property fully aware of the current zoning in this area. If he had wanted to live in an area of close neighbors and small parcels he should have taken the current zoning into consideration before he bought and located in a different area. It is my understanding that all of the land owners of the 5+ acre parcels in the area are of the same feeling. Why should the long standing owners in this area that chose to live away from nearby neighbors be penalized by someone new moving into the area. > Item #REZ03-03/TPM 04-04 could potentially triple the population in , > our small neighborhood, as well as endanger the water supply. Please > .consider this and my comments above when reviewing the request for > rezoning and maintain our 5 acre parcel requirement. We appreciate > your support and assistance in this matter. > Michael and Pam Lindemann > Forest Ranch Residents ,� • � Page 1 of 2 BUTTE e JAN o 7 2004 Sent: Tuesday, January 06, 2004 11:43 AM To: 'sbetts@buttecounty.net' DEVELOPMENT SERVICES Subject: Forest Ranch Development Note: This e4mail'is'from'Mr:Carey Allen, a Forest Ranch'resideM7 January 6, 2004 Stephen Betts, Senior Planner Planning Division, Dept. of Development Services Butte Countv. 7 County Center Drive Oroville, CA 95965 Dear Mr. Betts: This is in response to the proposed negative mitigation and rezone of AP#063-180-002. John McLaughlin's tentative subdivision from TM-5 zoning to 2.5 acre and/or 1.0 acre, concurrently. I, Carey R. Allen, own and live on 5.33 acres, AP#063-10-077, immediately west of the proposed exemption property and oppose this plan for sundry reasons: 1. An exhaustive polling of Forest Ranch property owners favored establishing TM-5 or larger zoning for our area in 1975. Importantly, the property Mr. McLaughlin now owns was rejected for subdivision to less than 5 acres by the Butte County Planning Commission in 1979 when, then owner Mr. William Burch attempted a zoning change. The general community sentiment has been in favor of rural/residential rather than urban/suburban land use. Many of our property owners are engaged in agricultural or annual husbandry endeavors with the overlap of maintaining significant wildlife cohabitation area. Title restrictions on my land forbid fencing that would interfere with movement of the Tehama deer herd, whose migration route includes mine as well as the property under" consideration. Of interest,00r most local, recent subdivision, Flodin/Nopel Ave maintained TM-5 zoning for 15 parcels on Ropel Ave, preserving community intent for rural/residential. 2. Historically, Forest Ranch has been water challenged. The issue of weakening or damage to existing wells is of real concern. In our location, well levels are dubious in the late summer and always in drought years. Many without significant storage capacity must haul water or wait an inordinate time for recharge. Supplemental chlorination of wells is required by some owners due to contamination, with concerns heightened at the potential for increased leach field densities on our Lassen lava cap geologic formation., 3. Increasing land use densities threaten minimal infrastructure and challenge public service response by County Sheriff and fire protection, made all the worse by current budget limitations. 4. Additionally, concentrated subdivision negatively impacts rural land resources by worsening noise, as well as light pollution of our night sky, thereby, altering values of privacy, space, and silence which make our community unique. , Finally, Mr. McLaughlin was aware of the current TM.5 zoning at the time of his recent property purchase. 1/6/2004 Page 2 of 2 Altering others quality of life for his exemption proposal is asking the citizens of our community to insure his entrepreneurial risk. 1 recommend that rezoning for this investment project be denied. Sincerely, 1")��`� '. Y Carey R. Allen PO Box 536 Forest Ranch, CA 95942 j 1/6/2004 Page 1 of 1 Betts, Steve From: LizTLC@aol.com Sent: Wednesday, January 07, 2004 10:07 AM To: sbetts@Butte County.net Subject: Forest Ranch Rezoning of McLaughlin Property...Liz Thomas - Forest Ranch Attention: Stephen Betts, Senior Planner- Planning Comission After carefully considering the proposal to rezone a 10 acre parcel from TM5 and PUD to TM -1 (Timber Mountain 1 acre minimum parcel size)and Tentative Parcel Map to divide 10 acre parcel into 4 2.5 acre parcels for residential development on property zoned TM5 (which fronts Christine Drive) , I recommend that rezoning to less than TM5 be denied because of the density of the 10 acre (10 homes - 10 lots or 4-2.5 parcels) parcel as well as concerns regarding sceptic and well issues within the 10 acres. I ask you to not approve this request. Sincerely, Elizabeth A. Thomas PO Box 419 Forest Ranch, Ca 95942 1/7/2004 • • � Page 1 of 1. .Betts, Steve From: Dawn Branthaver[dbranthaver@videomaker.com] Sent: Wednesday, January 07, 2004 10:12 AM To: Houx, Mary Anne; Betts, Steve; Beeler, Bob; Dolan, Jane; Josiassen, Curt; Yamaguchi, Kim Cc: 'puppy32@aol.com' Subject: STRONG OPPOSITION TO ITEM E on tomorrow's agenda. Importance: High Dear Supervisors, We are writing to voice our STRONG OPPOSITION to item E on the January 8th, agenda. We DO NOT want our area to be rezoned to anything smaller than 5 acre parcels! We live nearby the property on Christina Drive and have owned the land for 12 years. The reason we live in Forest Ranch and commute to Chico each day is because we WANT the WIDE OPEN SPACES! Item #REZ03-03/TPM 04-04 could potentially triple the population in our small neighborhood, as well as endanger the water supply. Please DO NOT approve any rezoning to the property on Christina Drive. KEEP ' OUR WIDE OPEN SPACES! Thanks for listening. Dawn & Charles Branthaver Forest Ranch residents Community Association Members 1/7/2004 Betts, Steve From: kathy[sandkat@earthiink.net] Sent: Monday, January 05, 2004 9:16 AM To: Betts, Steve County of Butte Office of Planning Development 7 County Center Drive Oroville, CA 95965 - 3397 Re: . John McLaughlin, Rezone a 10+ acre parcel from TM-5 and PUD to TM 17acre minimum parcel size. Also a project to divide the project site into four 2 .5 acre parcels: My name is Kathy Esh and I am a resident of Forest Ranch My largest concern at present is the absence in the Planner's file of any reference to previous attempts to rezone this property. Fortunately, members of the Forest Ranch Community have long memories and a strong sense of community. They are not happy (hopping mad is more like it) that a rezone to TM1 on the same property, which was defeated in a battle fought for two years (1976-75) is back again. I am personally outraged that there was no reference to the earlier rezone in the mitigated negative declaration. I recommend that the issue be suspended until these materials, containing studies on the area's hydrology and geology are found. Respectfully, Kathy Esh, PO Box 185 Forest Ranch, CA 95942 sandkat@earthlink.net 530 892-9601 z - 1 • BUTj� . COUNTY JAN 0 6 &4 OEVELOPA NT SERVICES 2004 January To: Butte County Planning Division 7 County Center Drive Oroville, CA 95965-3397 Re: John McLaughlin's project requesting a rezone for a 10+- acre parcel in Forest Ranch from a 5-acre minimum to either a 2.5 or 1 acre minimum for the purposes developing a subdivision We are deeply concerned about John McLaughlin's intent to subdivide a 10+- acre parcel in Forest Ranch into essentially 1-acre lots. From what I've heard, Forest Ranch in most areas including the one Mr. McLaughlin is interested in developing, is limited to a 5 acre minimum lot size if there were to be any subdividing done. We think the impact of this proposed housing development would be detrimental to the environment.in terms of wildlife habitat preservation, etc. We also do not like the idea of there being that many more residents crammed into a relatively small area as this could potentially put a strain on well water capacities not to mention the extra traffic and pollution (noise, light, air) inherent to a population increase of this magnitude. We believe that the slower the growth of Forest Ranch the better. Please consider this correspondence a strong objection to John McLaughlin's request to have a 10+- acre lot in Forest Ranch be rezoned to either 1-acre parcels or 2.5 acre parcels for that matter. A 5-acre minimum should be retained so that Forest Ranch and its community members including the wildlife can continue to enjoy the quality of life we've all become accustom to. Sincerely, James and Ed th Coyle 15399 Forest Ranch Way Forest Ranch, CA 95942 530-343-4814 Page 1 of 1 Betts, Steve From: Richard LaFranchi [ddlaf@msn.com] Sent: Tuesday, January 06, 2004 10:25 AM To: Betts, Steve Subject: Rezoning on Christina Dr. in Forest Ranch Dear Mr. Betts, As residents of Forest Ranch, near the property in question, we would like to voice our concern about the proposed dividing of property on Christina Dr. in Forest Ranch. Our understanding of the proposed lot split is 10 acres that would be divided into 1 acre lots with a swelling on each. Also 10 acres split into 2 1/2 acre lots. The last thing we need in Forest Ranch is 14 additional wells and worse 14 additional septic tanks. We are adamantly opposed to this proposal and recommend that you and the other members of the Planning Commission turn down this request. Other major concerns: . Turn off from Highway 32 onto Forest Ranch Road, Christina Dr. being right at this turn off, is dangerous. . Fire protection: Our Volunteer Fire Dept. is understaffed at 6 volunteer fireman. . We have minimal Police protection. • Water: As we are not sitting on an aquifir, in the dry months some wells have gone dry. Sincerely, Richard and Dona La Franchi 4735 Shuffleton Dr. Forest Ranch, CA. ddlaf@msn.com + r E � 2EE D ,JANBUPLA VkO04 e,rt t P-91, fT ; 2 I -ham.x .. urv*Mm'nria.d A t �� as y + Ucs.1, J � r _ F • t t BUTTE COUNTY JAN 0 5"2004 January 1,2004 DEVELOPMENT SERVICES County of Butte Office of Planning Department 7 County Center Drive Oroville, CA 95965-3397 Re: John McLaughlin,Rezone a 10+-acre parcel from TM-5 and PUD to TM 1-acre minimum Parcel size. Also a project to divide the project site into four 2.5-acre parcels. My name is Cl armion Nelson and I am a resident of Forest Ranch. In late 1979,this same property was rejected for rezoning from 10-12 more or less acres to TM 2 '/i And TM 2 %Z(18.73 more or less acres)for AP63-18-02. The reasons for the County Board of Supervisors rejecting rezoning at that time have not changed. I refer you to an Inter-Departmental memorandum dated 3/24/76 from Howard Toussaint,Butte Co. Health Department to Co. Supervisors,Chairman Ward Cameron,Ladd,Maddigan,McKillop, and Richter;attaching a copy of a report from the Department of Water Resources relating to ground water potential in the Forest Ranch area, a portion of which I now quote: "although average annual precipitation is about 66 inches, only 12 percent or about 8 inches are available for deep percolation and ground water recharge. Steep slopes transmit some ground water away from areas of use. Geologic conditions are ble because the n unfavora us entire Forest Ranch area is underlain by volcanic rocks of the Lassen Formation which appear to be essentially nonwater-bearing or yield water to wells only grudgingly at best." I have lived on my property since 1964. The zoning adopted in 1975 was done after every resident property owner was interviewed and his or her property walked in order to determine its potential. That resulted in TM5,TM10 or larger. Potential water shortages, lack of police protection, septic systems and leach fields were paramount considerations. Deterioration of water quality,hazards to property,health and safety of residents from new fire,traffic and public protection problems and loss of wildlife and vegetation are all factors to be considered. I recommend rezoning to less than TM5 be denied. Respectfully submitted, Charmion E. Nelson 15596 Nopel Avenue Forest Ranch,CA `r}LGc j 1,`.4Ur,IJ CV TVIZ pG tjciur'g. 11022 0t rl flgj1,11Mt rc-r0fil;rJ qL- Ujl jUGfrjV fo j) rWJ?ltj(,,,(j' I ir,colJllJ,Iog j.mtlfli' fo I(,u LIJ"(t biobE(f).' jcj(j ?91^ts ojI ttG21.qu.2 I u ucrt� jim' j.f„1D_1c vii btlpjfc bioirw fou biopj.-.ijn iriIq //? Gvfn Sill'= !,.a^.J !G j/ fora� �"Iv w)nitf GMJ?1 '; fOU?' GfGLfO iL)u of tr`umi.drib ff). (!i{um ? s(i � . , I �. � . .(I j. U �. � g� l �f 1Gef�ltG'} =�J f`rI i Ol10 fa. JURGL• t,o1(;uf1J( t-fsf6L 2pGu,3E,2' jocr o} bojfcG bimGrpou' 2;;Nfc OTAVU ' .r• l:.L frtt% alfq jJl2 01.PPL k0bl-,O, limijrccl p) m? qGL ft) (jrjc,'MJJlOr. 1f% I?(Jf 111 - 1}seta; 'miuF, lrgc==bfcq ju Id 1� tr„sz cjvuc S1�IGi ,rcLi r,zigGlir ':'.11e ,7111 F. FL ,.�; t jJr:1! f.(,1�!!'Jf i•1ti !};Gp utt3boi. top,7. UOLf0.9jfA-PGgLfUR OL mqq ll'Ufa it �r,nl.�1�1t. D;G`i[lr4, rjJh t ,tfiiG iOLti?1 (�Stt,r jl 111.511 t3 f(lJgSr-IJ11i Pr AOICgUI icrrJ1. 1L.IM-IMIJ zilllJ” f=f.Offuri 11f%�,L fiAgi Lf.O!!1 ',L'!Q OL n?(;' j;iGOj()n G cOUgipou? ar, Tur pr'? q,1_. l.,'411-RPIn i-OL qt,(-.b r umur( r;UfGI lccjJ;r V(;— ?,jGrb?jul)c? ..UjjljO,f('jjJ nr c,;.(;c ni-d ffal blccibiptiou upom pig jucpr,?- Oujn 13 bcLcbuf OL Upwi1 ImIG1 Im pr'u'ri1 ,1, fp I:!l:�; tKinjcp `.fi,F,11' `I bo ulou ()j 11,j11cp I iJou (a0m: KicplPL' :rrjcjl;ljf' co')l o}.•r u boo tLow UW Dcl^,sn4M;Uf gtAufcL KS'ormcr? t,rl j ltf(i fcl &,witiq I;+;UtfP iti'•U`I1.fuJG:1t f0 �,4' �flbGiJ.i2�i(i''( If:S11.Ul3U j�(l:uq (-:jwr .0U' paqVdugq!ryg') fdGKjfja lug I,pG LGU?OL'! t',L 11JG (,()ftufl, I3O'JL i Uf ?pb(-,vyoL2 LrlccjJUS IF'NO11111F 511 jpUf fliAF,1111ii6 U01 CI::fUF-.-T j ylsq 1V'I iC i i: : 1JJ01,� t) 1��2 iJC.�.t;7) �()1.���j'{`l,`0-, !u 19fr, I(1�()' 'Ili? 'r?"IJU; !)i'i7 1if, 1112 f,1cc1 q iol. t.SSUuf11i ILGUJ I t)`! UJOLr CLI,z% UC;LG,' fo .LY4 7 V4I u,,TwG r% (;I;ifu1=iou ;,_� ?�(, jLq I 51-IJ U I zi,gGilj(.JLI_r)1,',f KUUcir I„r1.(.,_, el\r V�,.(, ,1 t 101Gcf Irl (41t iqr; ilfr, bl.olccj ;1i1r 11140 jc)i>T vcic, bnrrr, ,n?GI•'1:, 111 1",S\uu, Ir, -UGL(; L3LGGI Il.n1(, I.>4'2 nuq bf1I7 fO 1't,1 ;-U(.L(, 111)UI1JJrj1l, i)�JGr t)I.hl=�ilr3'fi" ;';�,, ,t,1..,1r•�li BUTTE COUNTY JAN 0 5 2004 DEVELOPMENT SERVICES January 3, 2004 15214 English Lane ` County of Butte Office of Planning Department 7 County Center Drive Oroville, CA 95965-3397 Re: Butte County Planning Division: APN 063-180-019 In reply to your Planning Division Staff recommending a Mitigated Negative Declaration to Rezone a 10+ acre parcel from TM-5 and PUD to TM-1 (Timber Mountain 1 acre minimum parcel size) and Tentative Parcel Map to.divide a 10+ parcel into four 2.5 acre parcel for resididental development on property zoned TM-5. We are located approximately 270' from the proposed subdivision located on parcel 34 at 15214 English Lane which we feel will affect the following environmental problems: 1. Additional impact upon our one well 83' deep on 10 acres. Not only lowering our water table on a shallow well but further contamination of our property since we are located on the south eastern drainage slope. 2. The property in question also lays in the path of a wildlife migration-area. The parcel to our east is not allowed to construct a barrier of no more then barbed wire fence heighth. Due consideration must therefore apply to any subdivision requirements on such wildlife migrations. Respectfully, Robert L. AnnJnaand rend'M.Annand • r -rv1��.% . .f,l: f`' , }i'.� ♦ _.r:�. .. :1 - r.vR1� Ir A+ .r.L.`.. . s.,., :` :a., s t�. .". j-.r.` •ti. ' t-.,l,!;,:�'-.,'1_ .. :j__f ? . _(Ce Afc _ :1 t., :}t'��w.• .'?.�'. f.t4LEe)� j �,>i�.`!ylC:�. �— :f.:}:, ,:,1L'`t,i} jli.x 1:+ `.':ti tij •s..'`:+ i ;j�' :i:i;i i:...:',t` 17. ...L.._ . l.,:..'l..i:+� !r'�s :f"L .-�� t.;_-. ,.. : ;iyty A'.:C li a^` �. •. .r ;j 'fii:y':.•}� •!. u't:l�:G1.1�. .. •.1.J r ` ��f i�?;. ,. � . .. '.,;`• .. '� a. .'• •Y .. t` `� 1':t, - _ t� fir, t, � e Page 1 of 1 Betts,.Steve From: Marie [strb@forestranch.com] Sent:. Wednesday, January 07, 2004 11:03 AM To: Betts, Steve Attn: Steve Betts & Mary Ann Houx This is in regards to File #REZ 03-03 & TMP 04-04 Applicant John McLaughlin We, Cyril & Marie Straub, strongly object to Mr. McLaughlin's application to rezone the 10 acres,plus on Christina Dr., Forest Ranch, to TM-1 zone. To build 10 or more homes in this area would add a great deal of noise, polution & traffic to an already dangerous corner. 10 or more new septic systems on a hillside leaching down towards a seasonal stream & an area where most of the wells are located could be disastrous. The ten or more new wells will lower our water table & could cause some of us to have to drill new wells which is very costly. We have 6 people on our volunteer Fire Dept. God Bless them. But it's hard to get volunteers & this many additional homes in one area could be a f ire disaster like we had in Oakland, CA. a few years ago. Also there is no police protection in Forest Ranch. Let's not forget our deer habitat & other wild animals which will be threatened by additional dogs in these new homes. We already have a serious problem with barking dogs & dogs running loose. Please protect our way of life & open spaces. Please vote NO on this zone change application. Sincerely, t Cyril & Marie Straub, 4744 Shuffleton Dr., Forest Ranch, CA., 95942 1/7/2004 Page 1 of 2 . Betts, Steve From: Edie Coyle [ediecoyle.ca@netzero.net] Sent: Thursday, January 08, 2004 8:21 PM To: Betts, Steve Subject: Urgent---- IF YOU HAVE ANY INFLUENCE REGARDING THE BELOW LETTER, PLEASE CONSIDER OUR CONCERNS... THANK YOU. 2004 January To: Butte County Planning Division 7 County Center Drive Oroville, CA 95965-3397 Re: John McLaughlin's project requesting a rezone for a 10+- acre parcel in Forest Ranch from a 5-acre minimum to either a 2.5 or 1 acre minimum for the purposes developing a subdivision We are deeply concerned about John McLaughlin's intent to subdivide a 10+- acre parcel in Forest Ranch into essentially 1-acre lots. From what I've heard, Forest Ranch in most areas including the one Mr. McLaughlin is interested in developing, is limited to a 5 acre minimum lot size if there were to be any subdividing done. We think the impact of this proposed housing development would be detrimental to the environment in terms of wildlife habitat preservation, etc. We also do not like the idea of there being that many more residents crammed into a relatively small area as this could potentially put a strain on well water capacities not to mention the extra traffic and pollution (noise, light, air) inherent to a population increase of this magnitude. We believe that the slower the growth of Forest Ranch the better. Please consider this correspondence a strong objection to John McLaughlin's request to have a 10+- acre lot in Forest Ranch be rezoned to either 1-acre parcels or 2.5 acre parcels for that matter. A 5-acre minimum should be retained so that Forest Ranch and its community members including the wildlife can continue to enjoy the quality of life we've all become accustom to. Sincerely, James and Edith Coyle 15399 Forest Ranch Way Forest Ranch, CA 95942 1/9/2004 Page 2 of 2 530-3434814 Edie Coyle ediecoyLe.ca@netzero.net e.ca@netzero.net y 1/9/2004 Page 1 of 1 Betts, Steve From: Houx, Mary Anne Sent% Friday, January 09, 2004 1:20 PM To: Betts, Steve Subject: FW: STRONG OPPOSITION TO ITEM E on tomorrow's agenda. Importance: High -----Original Message----- From: Dawn Branthaver [mailto:dbranthaver@videomaker.com] Sent: Wednesday, January 07, 2004 10:12 AM To: Houx, Mary Anne; Betts, Steve; Beeler, Bob; Dolan, Jane; Josiassen, Curt; Yamaguchi, Kim Cc: 'puppy32@aol.com' Subject: STRONG OPPOSITION TO ITEM E on tomorrow's agenda. Importance: High Dear Supervisors, We are writing to voice our STRONG OPPOSITION to item E on the January 8th agenda. We DO NOT want our area to be rezoned to anything smaller than 5 acre parcels! We live nearby the property on Christina Drive and have owned the land for 12 years. The reason we live in Forest Ranch and commute to Chico each day is because we WANT the WIDE OPEN SPACES! Item #REZ03-03/TPM 04-04 could potentially triple the population in our small neighborhood, as well as endanger the water supply. Please DO NOT approve any rezoning to the property on Christina Drive. KEEP OUR.WIDE OPEN SPACES! Thanks for listening. Dawn & Charles Branthaver Forest Ranch residents Community Association Members 1/9/2004 Received via e-mail January 6, 2004 2004 January To: Butte County Planning Division 7 County Center Drive Oroville, CA 95965-3397 Re: John McLaughlin's project requesting a rezone for a 10+- acre parcel in Forest Ranch from a 5-acre minimum to either a 2.5 or 1 acre minimum for the purposes developing a subdivision We are deeply concerned about John McLaughlin's intent to subdivide a 10+- acre parcel in Forest Ranch into essentially 1-acre lots. From what I've heard, Forest Ranch in most areas including the one Mr. McLaughlin is interested in developing, is limited to a 5 acre minimum lot size if there were to be any subdividing done. We think the impact of this proposed housing development would be detrimental to the environment in terms of wildlife habitat preservation, etc. We also do not like the idea of there being that many more residents crammed into a relatively small area as this could potentially put a strain on well water capacities not to mention the extra traffic and pollution(noise, light, air) inherent to a population increase of this magnitude. We believe that the slower the growth of Forest Ranch the better. Please consider this correspondence a strong objection to John McLaughlin's request to have a 10+- acre lot in Forest Ranch be rezoned to either.1-acre parcels or 2.5 acre parcels for that matter. A 5-acre minimum should be retained so that Forest Ranch and its _ community members including the wildlife can continue to enjoy the quality of life we've all become accustom to. Sincerely, James and Edith Coyle 15399 Forest Ranch Way Forest Ranch, CA 95942 530-343-4814 Edie Coyle ediecoyle.ca@netzero.net KAN- BOARD OF SUPERVISORS • , ; ✓ -� JAN 0 6 2004 � p OROVILLE CALIFORNIA �, J BUTTE 2004 January COUNTY��� __._....... ._.__-_.__.......� N �A......_,0..7 2004 To: Butte County Planning Division DEVELOPMENT 7 County Center Drive SERVICES Oroville, CA 95965-3397 Re: John McLaugWin' _project requesting a rezone for a 10+- acre parcel in Forest Ranch from a 5-acre minimum to either a 2.5 or 1 acre minimum for the purposes developing a subdivision We are deeply concerned about John McLaughlin's intent to subdivide a 10+- acre parcel in Forest Ranch into essentially 1-acre lots. From what I've heard, Forest Ranch in most areas including the one Mr. McLaughlin is interested in developing, is limited to a 5 acre minimum lot size if there were to be any subdividing done. We think the impact of this proposed housing development would be detrimental to the environment in terms of wildlife habitat preservation, etc. We also do not like the idea of there being that many more residents crammed into a relatively small area as this could potentially put a strain on well water capacities not to mention the extra traffic and pollution (noise, light, air) inherent to a population increase of this magnitude. We believe that the slower the growth of Forest Ranch the better. } Please consider this correspondence a strong objection to John McLaughlin's request to have a 10+- acre lot in Forest Ranch be rezoned to either 1-acre parcels or 2.5 acre parcels for that matter. A 5-acre minimum should be retained so that Forest Ranch and its community members including the wildlife can continue to. enjoy the quality of life.we've all become accustom to. Sincerely, James and Edith Coyle 15399 Forest Ranch Way Forest Ranch, CA 95942 z 530-343-4814 -Betts, Steve From: Johnstone-Lindemann, Pam [PLindemann@csuchico.edu] Sent: Wednesday, January 07, 2004 12:02 PM To: Houx, Mary Anne; Betts, Steve; Beeler, Bob; Dolan, Jane; Josiassen, Curt; Yamaguchi, Kim, Cc: Dawn Branthaver Subject: STRONG OPPOSITION TO ITEM E ON TOMORROW'S AGENDA Dear Supervisors, My husband and I have lived in Forest Ranch for 25 years. We chose the area in which we live for several reasons including the fact that the parcels could not be smaller than 5 acres. It is our understanding that there is a request to rezone a neighboring area of land into 1 acre parcels. we are in strong opposition to this change and feel it should not be allowed. The person that recently purchased this property bought the property fully aware of the current zoning in this area. If he had wanted to live in an area of close neighbors and small parcels he should have taken the current zoning into consideration before he bought and located in a different area. It is my understanding' that all of the land owners of the 5+ acre parcels in the area are of the same feeling. Why should the long standing owners in this area that chose to live away from nearby neighbors be penalized by someone new moving into the area. Item #REZ03-03/TPM 04-04 could potentially triple the population in our small neighborhood, as well as endanger the water supply. Please consider this and my comments above when reviewing the request for rezoning and maintain our 5 acre parcel requirement. We appreciate your support and assistance in this matter. Michael and Pam Lindemann Forest Ranch Residents 1 . Betts, Steve From: Houx, Mary Anne Sent: Friday,January 09, 2004 1:20 PM ' To: Betts, Steve Subject: FW: STRONG OPPOSITION TO ITEM E ON TOMORROW'S AGENDA -----Original Message----- From: Johnstone-Lindemann, Pam [mailto:PLindemann@csuchico.edu] Sent: Wednesday, January 07, 2004 12 :02 PM To: Houx, Mary Anne; Betts, Steve; Beeler, Bob; Dolan, Jane; Josiassen, Curt; Yamaguchi, Kim ' Cc: Dawn Branthaver Subject: STRONG OPPOSITION TO ITEM E ON TOMORROW'S AGENDA Dear Supervisors, S My husband and I have lived in Forest Ranch for 25 years. We chose the area in which. we live for several reasons including the fact that the parcels could not be smaller than 5 acres. It is our understanding that there is a request to rezone a neighboring area of land into 1 acre parcels. We are in strong opposition to this change and feel it should not be allowed. The person that recently purchased this property bought the property fully aware of the current zoning in this area. If he had wanted to live in an area of close neighbors and small parcels he should have taken the current zoning into consideration before he bought and located in a different area. It is my understanding that all of the land owners of the 5+ acre parcels in the area are of the same feeling. Why should the long standing owners in this area that chose to live away from nearby neighbors be penalized by someone new moving into the area. Item #REZ03-03/TPM 04-04 could potentially triple the population in our small neighborhood, as well as endanger the water supply. Please consider this and my comments above when reviewing the request for rezoning and maintain our 5 acre parcel requirement. We appreciate your support and assistance in this matter. Michael and Pam Lindemann Forest Ranch Residents 1 (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA' '1D3 Ve IN AND FOR THE COUNTY OF BUTTE In The Matter Of ';9uTTE COUNTY PLANNING COMMISSION 'NOTICE OF'INTENTTO Notice of Intent. No. „'ADOPT A 'MITIGATED-NEGATIVE DECLARATION- In,, ECLARATION.-In,,accordance with. the.California' Environ- AFFIDAVIT OF PUBLICATIONmental,t''Quality.' Act (CEQA); Butte.County. has prepared-.an Initial Study and is'considering State of California the.adoptionlof'a'Miti- gated Negative Declara- SS. tion for the following-pro- County Of Butte IJ MITIGATED NEGATIVE DECL'ARATIONNEN-.' The undersigned resident of the county of TATIVE PARCEL MAP John,:.,McLaughlin, Butte, State of California, says: Tentative Parcel Map to ,divide 00t:acre parcel into-'four ';2.5± 'acre That I am, and at all time herein mentioned n parcels"fori residential was acitizen of the United States and not a party development on proper- ,ty zoned TM-5. Sewage to nor interested in the above entitled matter; disposal- `for , future 'dwellings 'on,;the site that I am the principal clerk of the printer and would',be',provided by publisher of individual,on-site septic systems.�'-.' Domestic water:would be obtained The Chico Enterprise-Record from'"individual wells. . Each• of the.proposed The Oroville Mercury-Register parcels would front on the:Christina,Drive cul- ' de.-sac i,"A project to That said newspaper is one of general circula- rezone the project site to. TM-1,is being processed tion as defined by Section 6000 Government concurrently .with this Code of the State of California, Case No. 26796 project.'• The California: Envi- by the Superior Court of the State of California, ronmental Quality Act in and requires this notice to for the County of Butte;that said newspa- disclose whether any per at all times herein mentioned was printed listed toxic sites are sent. The project loca- pre= and published daily in the City of Chico and tion'does,not contain a County of Butte;that the notice of which the listed.toxic site. The Initial Study/Miti- annexed is a true printed copy, was published in gated-Negative Declara- said newspaper on the following days: tion and.reference,docu- ments for this:project'are ` on file for public review starting` December`19, Dec. 9, 03. 2003,'.through-January" 18,1.2003;,,at the Butte County^;Planning Divi'• _$ion 7_Q&nty Center Drive,.0.roville- Califor- nia. 'All.interested per- ` Dated December 23, 2003. sons - are, invited to review the documents. at Chico, Califo nia., VVritten '.comments will I be accepted 'by the Planning Division at the above address. ' Any written comments on the (Signatu' Initials. Study/Mitigated Negative Declaration must be.recejved at.the above•-.address,= within the public review period. If.,you challenge.,the Initial.,;Study/Mitigated Negative Declaration:in court,you.may.be.limit= ed to raising only,those issues you or,someone else-'raised�in written correspondence';deliv- ered to,,the Planning Division. -., The,Butte • County, Planning Com- mission will hold a public hearing on this'project, the date,time;and loca- tion of which has not yet been,.;. k'determined:. ;Landowners within'300 feet-of the,project-site will;`'receive':written k notice,as"to%the, date, time,and location of:the Planning;.Commission hearing.. <•t', iFor ,further. informa= tion,regarding 4h.is-pro- ject,; .please:• contact Stephen!,Betts,;project , planner,_at (530) 538- . 7153..: YVONNE CHRISTOPHER DEVELOP-. :r.'`.MFNT RFR171CCC �• (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, ^ IN AND FOR THE COUNTY OF BUTTE iv b In The Matter Of BUTTE COUNTY PLANNING COMMISSION Notice of Public Hearing • . NOTICE OF PUBLIC . NOHEARING AND NOTICE OF. INTENT TO ADOPT A r MITIGATED NEGATIVE 3 DECLARATION AFFIDAVIT OF PUBLICATION , Notice is hereby given I by the Butte County Planning Commission State of California 11 that a public hearing will be held on January 8, ss. 2004,at 9:00 a.m.in the Butte'County Board of County of Butte Supervisors' County- Admjnlstration Room, Center,25 County Cen- The undersigned resident of the county of ter Drive,Oroville, Call- fornia, at'.".-9:00 -a.m. Butte; State of California,says: regarding'the following Item: In accordance with the That I am, and at all time herein mentioned n California Environmental was a citizen of the United States and not a party Quality Act (CEQA), an Initial Study has been to nor interested in the above entitled matter; prepared for'the follow- mg project. Therefore, that I am the principal clerk of the printer and Planning Division staff is publisher of recommending a Mitigat- ed Negative Declaration: MITIGATED NEGATIVE The Chico Enterprise-Record DECLARATION/REZONE AND The Oroville Mercury-Register MAP TENTATIVE PARCEL John. McLaughlin, Rezone to rezone a 10t That said newspaper is one of general circula- acre parcel from TM-5 tion as defined b Section 6000 Government and PUD to TM-I (Tim- ber Mountain, 1-6cre Code of the State of California,Case No. 26796 minimum- parcel size) by the Superior Court of the State of California, and Tentative .Parcel Map to divide a 10t in and for the County of Butte;that said newspa- acre parcel`,into four 2.5t acre parcels for per at all times herein mentioned was printed residential development andublished daily to the Ci of Chid on property zoned TM-5. p Y h' co anSewage disposal for County of Butte;that the notice of which the future dwellings-"on the annexed is a true printed co published in site would be provided P PYA was P by. individual, on-site said newspaper on the following days: septic systemspomestic water would be obtained from individual wells. Dec. 26, og. �'each of the proposed parcels.would front on the Christina Drive cul- de-sac. APN 063-180- 019 (SB)' .(REZ 03= 03frPM 04.04) If you challenge either Dated January 14, 2004. the Mitigated.Negative Declaration or 'the at Chico, California. Rezonerfentative Parcel Mai in court, you may be limited to raising only those. issues you .or Si nat a someone else raised at g the public hearing described.in this notice; or in written correspon- dance delivered to the Planning Division at, or Prior.to,the public hear- ing. For further'information regarding this project, please contact Stephen Betts,-project planner,at the Butte County Plan- ning Division at (530) 538-7153. YVONNE CHRISTOPHER, DIRECTOR OF r DEVELOPMENT SERVICES .� F273597 Pub:Dec.26,2003 I f N r . Y _ yAd.i f fi o '0 N Z1 g AXI > j i . 0. 10 car S .yt. iR cli 10 �� � . � : ,. � . a � .. �� �� -— - ` —.�__ t _ ;' . . -- . —_ —._____e __.. _-__�_s_. _- _ _ __- �____� _��._�_�.__ _ w._._� F - � � - q _......_.�_.� -y__.��r_d_ .. _,___��_��_�.__ _ _— _ __ -- � ___� _-_-�..�.. .... ............... ........_ ___.�__�� - - �.-,��-��_ ..�o�.-_ - _ - _�. �-�..__._ _. ,-.... �� - � _ - �I ��� _ � c � � � - � ._ _ _ .. `` �- I _ a ��i7VITA �vb aA v1e no �Obb SJb`7 �I' • �1 .f., pl '� I� o� s�uaa=rte . •�uoZ a_p -'bti10.1=1=1�Adj c�1_ �»J�2� p`�o� �� CL Jwlt� - �,.!��C'�=�1�a�b.!n owl (��c� _�•u oZ -��,��.:.������ ��-�'� C�tbc� T � 1 Zvi j vijP a )a.-Vo a� - 14 bi l-ISM vQiNWio� 7U.0 S�aaJ 2 ov cl.H f Y _ �' Y; �„ ; `� ;'1 .R4' .�` .• � ,t. j4� =; fit. l�.r. � a r� t - F I i � • F f i i F � r' t F � � �..M �F • aw r t.a ��' :. t �� •-! y �f a ,• , .a -, ,- i•;. Z ;.tea - 'M . .. I i � I . am�-A c6T CU �Qve�o �ceqot -Are, P it)e(-e45e y— r-4e6dv-4s— cr J CC7p;, Lk 1 f F t - t t�t 1 i i 1 i t z4 t . r Page 1 of 1 Betts, Steve From: Wannenmacher, Felix Sent: Wednesday, January 14, 2004 3:41 PM To: Betts, Steve; Baker, Joseph Subject: RE: McLaughlin Rezone Planning Commission Action Report Hi Steve and Joe, The report is fine. Felix -----Original Message----- - 1 From: Betts, Steve Sent: Tuesday, January 13, 2004 2:43 PM To: Baker, Joseph; Wannenmacher, Felix Subject: McLaughlin Rezone Planning Commission Action Report Attached is the McLaughlin Rezone Planning Commission action report for the Board. We would like to get this on the Board's Jan. 27th agenda, so it needs to be up to the Clerk tomorrow(Wednesday). Please look it over and let me know if you have any changes. Thanks. Steve Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk- (530) 538-7153 Fax —(530) 538-7785 1/14/2004 r • � EOF very ♦�9E p`•oma rNF A Hi STATE OF CALIFORNIAo o .: Governor's Office of Planning and Research C1LIFOA0' ���OF CAl1F0 p State Clearinghouse and Planning Unit Arnold Jan Boel Schwarzenegger Governor Acting Deputy Director January 12,2004 BUTTE COUNTY JAN 14 2004 Stephen Betts DEVELOPMENT Butte County SERVICES 7 County Center Drive Oroville, CA 95965 Subject: McLaughlin Rezone SCH#: 2003092096 Dear Stephen Betts: The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on January 9, 2004, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents,pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at(916)445-0613 if you have.any questions regarding the envirorinental review process. If you have a question about the above-named.project,please refer to the ten-digit State Clearinghouse number when contacting this office. Sincerely, Terry Director, State Clearinghouse 1400 TENTH STREET P.O.BOX 3044 SACRAMENTO,CALIFORNIA 95812-3044 (916)445-0613 FAX(916)323-3018 www.opr.ca.gov Document Details Report • State Clearinghouse Data Bao SCH# 2003092096 Project Title McLaughlin Rezone Lead Agency Butte County Type Neg Negative Declaration Description Rezone from TM-5 and PUD to TM-1-(Timber Mountain- 1 acre minimum parcel size). Lead Agency Contact Name Stephen Betts .Agency Butte County Phone 530 538.7153 Fax email Address 7 County Center Drive City Oroville State.CA Zip 95965 Project Location County Butte City ,. . Region Cross Streets Forest Ranch Road&Christina Drive Parcel No. 063-180-019 Township 23N Range 3E Section 6 Base MDB&M Proximity to: Highways 32 , Airports Railways Waterways Big Chico Creek, Little Chico Creek Schools Forest Ranch Elementary Land Use TM-5(Timber Mountain 5 acre minimum) Project Issues. AestheticNisual;Agricultural Land;Air Quality;Archaeologic-Historic; Drainage/Absorption; Flood Plain/Flooding; Forest Land/Fire Hazard; Geologic/Seismic; Minerals; Noise; Population/Housing Balance; Public Services; Recreation/Parks; Schools/Universities; Septic System; Sewer Capacity; Soil Erosion/Compaction/Grading; Solid Waste;Toxic/Hazardous;Traffic/Circulation;Vegetation;Water Quality; Water Supply;Wildlife; Growth Inducing; Landuse; Cumulative Effects Reviewing Resources Agency; Department of Fish and Game, Region 2; Department of Forestry and Fire Agencies Protection; Office of Historic Preservation; Department of Parks and Recreation; Department of Water . Resources; Office of Emergency Services; California Highway.Patrol; Regional Water.Quality.Control..; Bd., Region 5(Redding); Native American Heritage Commission; Caltrans, District 3; State Lands' Commission Date Received 12/11/2003 Start of Review 12/11/2003 End of Review 01/09/2004 y I Note: Blanks in data fields result from insufficient information provided by lead agency. t!� Butte County Department ofDevelopment Services o�13 T TF o YVONNE CHRISTOPHER,DIRECTOR o 0 7 County Center Drive o 0 o - o Oroville, CA 95965 (530) 538.7601 Telephone cOUN'�y (530)538.7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING FAX TRANSMISSION To: Jim Herrick Date: January 6, 2004 NorthStar Engineering Fax#: 893-2113 Pages: 7 From: Steve Betts (including cover sheet) Hard Copy will follow: Yes: No: X Subject: Rezone and Tentative Parcel Map for John McLaughlin Additional Comments: The following letters are what we have received so'far regarding the McLaughlin Rezone and Tentative Parcel Map project. ire Rxj'• � • Betts, Steve From: Betts, Steve Sent: Tuesday, January 06, 20049:58 AM To: Jim Herrick Subject: RE: REZ 03-03 &TPM 04-04 McLaughlin Jim; the answers to your questions are as follows: Question 1: The initial studies for the Rezone and TPM projects identified impacts to deer herd ' movements and to oak tree habitat. In section 4.4 (Biological Resources) of the initial studies, items d, e, i, j , & k are checked as "Less- Than Significant with Mitigation Incorporated. " So, impacts to biological resources have been identified, but mitigation measures are recommended that would reduce the impacts to a less than significant level. r The payment of the Fish and Game impact fee is required because impacts to wildlife habitat have been identified. Question 2 : Provided the Planning Commission does not co'i., inue the item, the Planning Commission will make a recommendation to the Board of Supervisors, either for or against the rezone. The recommendation of the Planning Commission goes before the Board first to set a Board of Supervisor's hearing date. The Board then would hold the .public hearing on the day they set it for. Probably the Board would hold the public hearing on the rezone within 1 1/2 • to 2 months from the Planning Commission decision. If all goes well, I believe that the ', rezone project will be heard at the February 24 Board of Supervisors meeting. Question 3 : ! The McLaughlin projects are the fifth item on the Planning Commission's agenda. Two of the four preceding items should go quickly, but the other two items may take a while. Unfortunately, I don't know the time that the Commission will hear the McLaughlin projects, so you may have to wait for a while. I hope the above answers your questions. We have received three or four letters from adjacent/nearby property owners objecting to the project. Copies of these letters will be sent to you via fax shortly. I believe that more letters will be received. Steve Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk - (530) 538-7153 Fax - (530) 538-7785 -----Original Message----- r From: Jim Herrick [mailto:jherrick@northstareng.com] 4' Sent: Monday, January .05, 2004 2 :01 PM To: Betts, Steve Subject: REZ 03-03 & TPM 04-04 McLaughlin Steve, I have a couple of questions on this project. 1 1. Page 6 of 14 of the Agenda Report, Section II states that there is the potential to significantly impact oak tree and deer herd habitats. In the initial study there are not, any categories checked "Potentially Significant Impact" . I assume that this is a mistake in the 'Agenda Report and that it will be corrected at the Commission meeting. Are you indicating that the $1250 fee must. be paid on this project? 2 . When is this item scheduled on the Agenda? The report says 9:00, is this the start' of the meeting or when this item is actually scheduled. I looked on the County web site but did not find any information. 3 . Assuming that this. passes at the Planning Commission when will it be scheduled for the Board of Supervisors? Your time and answers are appreciated. Jim Herrick 2 i i i ---------------- ------------------ ------------------------- i i ------------ ----- , 83UEV!p;oo £ ------------------- -- 0 i 4 w -------------------------- ------------------------ a - ----------------- ------------------- -------------- ---------------------- 0 "gle r , December 31, 2003 BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on January 8, 2004, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, at 9:00 a.m. regarding the following item In accordance with the California Environmental Quality Act (CEQA), an Initial Study has been prepared for the following project. Therefore, Planning Division staff is recommending a Mitigated Negative Declaration. MITIGATED NEGATIVE DECLARATION/REZONE AND TENTATIVE PARCEL MAP ' John McLaughlin, Rezone to rezone a 10± acre parcel from TM-5 and PUD to TM-1 (Timber Mountain, 1-acre minimum parcel size) and Tentative Parcel Map to divide a 10± acre parcel into 'four 2.5f acre'parcels for residential development on property zoned TM-5. Sewage disposal for future dwellings on the site would be provide&by individual, on-site septic systems. Domestic water would be obtained from individual wells. Each of the proposed parcels would front on the Christina Drive cul-de-sac. APN 063-180-019 (SB) (REZ 03-03/TPM 04-04) If you challenge either the Mitigated Negative Declaration or the Rezone/Tentative Parcel Map 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 Division at, or prior to, the public hearing. For further information regarding this project, please contact Stephen Betts, project planner, at the Butte County Planning Division at(530) 538-7153. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Friday, December 26, 2003 ,feEQAnet - McLaughlin Rezo Page 1 of 2 ' California Home Monday OPR Home>CEQAnet Home>CEQAnet Query>Search Results>Document Description McLaughlin Rezone SCH Number:2003092096 Type: Neg Project Description Rezone from TM-5 and PUD to TM-1 (Timber Mountain-1 acre minimum parcel size). Project Lead Agency Butte County Contact Information Primary Contact: Stephen Betts Butte County 530 538.7153 7 County Center Drive Oroville CA, 95965 Project Location County: Butte City: Region: Cross Streets: Forest Ranch Road&Christina Drive Parcel No:063-180-019 Township:23N Range:3E Section:6 Base: MDB&M Other Location Info: nearest community:Forest Ranch(unincorporated) Proximity To Highways: 32 Airports: Railways: Waterways: Big Chico Creek, Little Chico Creek Schools: Forest Ranch Elementary Land Use:TM-5(Timber Mountain 5 acre minimum) Development Type Residential Local Action Rezone;Subdivision Project Issues http://www.ceqanet.ca.gov/Doc_Description.asp?DocPK=561830 1/5/2004 .4'EQAnet- McLaughlin Rezone Page 2 of 2 • • AestheticNisual;Agricultural Land;Air Quality;Archaeologic-Historic; Drainage/Absorption; Flood Plain/Flooding; Forest Land/Fire HE Geologic/Seismic; Minerals; Noise; Population/Housing Balance; Public Services; Recreation/Parks;Schools/Universities;Septic Sysl Capacity;Soil Erosion/Compaction/Grading;Solid Waste;Toxic/Hazardous;Traffic/Circulation;Vegetation;Water Quality;Water Supi Growth Inducing; Landuse; Cumulative Effects Reviewing Agencies(Agencies in Bold Type submitted comment letters to the State Clearinghouse) Resources Agency; Department of Fish and Game, Region 2; Department of Forestry and Fire Protection;Office of Historic Preserval of Parks and Recreation; Department of Water Resources;Office of Emergency Services;California Highway Patrol; Regional Water Bd.,Region 5(Redding);Native American Heritage Commission;Caltrans,District 3; State Lands Commission Date Received: 12/11/2003 Start of Review: 12/11/2003 End of Review: 1/9/2004 CEQAnet HONUHNEW SEARCH i 1 http://www.ceganet.ca.gov/Doc_Description:asp?DocPK=561830 1/5/2004 ' Form A Notice of Completion & Environmental Document Transmittal Mail to:State Clearinghouse,PO Box 3044,Sacramento,CA 95812-3044 916/445-0613 SCH# Project Title: McLaughlin Rezone Lead Agency: Butte County Contact Person: Stephen Betts Street Address: 7 County Center Drive Phone: (530)538-7153 City: Oroville Zip: 95965 County: Butte ————————————————————————————————————————— Project Location: County: Butte City/Nearest Community: Forest Ranch Cross Streets: Christina Drive,Forest Ranch Road Zip Code: 95942 Total Acres: 10t Assessor's Parcel No. 063-180-019 Section: 6 Twp. 23N Range: R03E Base: MDM Within 2 Miles: State Hwy#: SR-32 Waterways: Biq Chico Creek,Little Chico Creek Airports: Railways: Schools: Forest Ranch ————————————————————————————————————————— Document Type: CEQA: ❑NOP ❑Supplement/Subsequent EIR NEPA: ❑NOI Other: ❑Joint Document ❑Early Cons (Prior SCH No. ❑EA ❑Final Document ©Neg Dec ❑Other ❑Draft EIS ❑Other ❑Draft EIR ❑FONSI ————————————————————————————————————————— Local Action Type: ❑General Plan Update ❑Specific Plan ©Rezone ❑Annexation ❑General Plan Amendment ❑Master Plan ❑Prezone ❑Redevelopment ❑General Plan Element ❑Planned Unit Development ❑Use Permit ❑Coastal Permit ❑Community Plan ❑Site Plan ❑Land Division(Subdivision, etc.) ❑Other ————————————————————————————————————————— Development Type: ❑Residential: Units Acres ❑Water Facilities: Type MGD ❑Office: Sq.ft. Acres Employees ❑Transportation: Type ❑Commercial: Sgft. Acres Employees ❑Mining: Mineral ❑Industrial: *Sgft. Acres Employees ❑Power: Type Watts ❑Educational ❑Waste Treatment: Type ❑Recreational ❑Hazardous Waste: Type ®Other: Rezone to allow 1-acre oarcels ————————————————————————————————————————— Funding(approx.): Federal $ 0.00 State $ 0.00 Total $ 0.00 ————————————————————————————————————————— Project Issues Discussed in Document: i ©Aesthetic/Visual ©Flood Plain/Flooding ©Schools/Universities ®Water Quality ©Agricultural Land ©Forest Land/Fire Hazard ©Septic Systems ©Water Supply/Groundwater ©Air Quality ©Geologic/Seismic ©Sewer Capacity ❑Wetland/Riparian ©Archeological/Historical ©Minerals ©Soil Erosion/Compaction/Grading ©Wildlife ❑Coastal Zone ❑X Noise ❑X Solid Waste ©Growth Inducing ©Drainage/Absorption ©Population/Housing Balance Q Toxic/Hazardous ©Landuse ❑Economic/Jobs ©Public Services/Facilities ®Traffic/Circulation ©Cumulative Effects ❑Fiscal ©Recreation/Parks ®Vegetation ❑Other ————————————————-—————————————————————-—— Present Land Use/zoning/General Plan Designation: Vacant/TM-5 I Low Density Residential ----------------------------------------- Project -------- ------------------------------- Project Description: Rezone from TM-5 and PUD to TM-1 (Timber Mountain-1 acre minimum parcel size). Revised 3-31-99 23 Reviewin Agencies Checklist Form A,continued 9 9 - KEY Resources Agency S=Document sent by lead agency Boating&Waterways X=Document sent by SCH ✓=Suggested distribution Coastal Commission Coastal Conservancy Colorado River Board Environmental Protection Agency ' Conservation Air Resources Board Fish&Game California Waste Management Board Forestry&Fire Protection SWRCB: Clean Water Grants Office of Historic Preservation SWRCB:Delta Unit Parks&Recreation SWRCB:Water Quality Reclamation Board SWRCB:Water Rights S.F.Bay Conservation&Development Commission ✓ Regional WQCB#-5-- ( 1 Water Resources(DWR) Youth &Adult Corrections Business,Transportation &Housing Corrections Aeronautics California Highway Patrol Independent Commissions &Offices CALTRANS District# �3 Energy Commission Department of Transportation Planning(headquarters) Native American Heritage Commission Public Utilities Commission Housing&Community Development Santa Monica Mountains Conservancy Food &Agriculture State Lands Commission Health &Welfare Tahoe Regional Planning Agency Health Services State&Consumer Services Other General Services OLA(Schools) ---------------------------------------- k Public Review Period(to be filled in by lead agency) Starting Date December 9, 2003 Ending Date January 7, 2004 Signature s�'T �• Date December 4, 2003 ———————--————————————————————————————————— Lead Agency(Complete if applicable): For SCH Use Only: Consulting Firm: NorthStar Engineering Address: 20 Declaration Drive Date Received at SCH City/State/Zip: Chico,CA 95973 Date Review Starts Contact: Jim Herrick Date to Agencies Phone:( 530 893-1600 Date to SCH ) Clearance Date Notes: Applicant: John McLaughlin Address: P.O.Box 52 City/State/Zip: Forest Ranch,CA 95942 Phone:(530 ) 342-5359 Smooth Feed SheetSTM Use template for 516®® 063180019000 NORTH STAR ENGINEERING K:\PROJECTS\REZ\McLAUGHLIMLabel MCLAUGHLIN JOHN R 20 DECLARATION DR sREZ03-03.doc 16274 STAGE RD CHICO CA 95973 FOREST RANCH CA 95942-9703 063110032000 063110033000 063110034000 JOHNSON HENRY L&JANET K NUNES JOHN FRANCIS ANNAND ROBERT L&IRENE M TRU PO BOX 787 P 0 BOX 818 P O BOX 550 FOREST RANCH CA 95942-0787 FOREST RANCH CA 95942 FOREST RANCH CA 95942 063110036000 063110038000 063110039000 STOWE JENNIFER L ETAL JT NELSON CHARMION ALLEN CAREY R P O BOX 774 P O BOX 53 P O BOX 536 FOREST RANCH CA 95942 FOREST RANCH CA 95942 FOREST RANCH CA 95942 063170006000 063180001000 063180003000 FANNING JOHN C&RUBY L TRUST MCLEAN BRUCE T&EDY F TRUST BAY ROBERT JOHN P 0 BOX 1055 15644 FITZGERALD DR 1738 LABURNUM AVE PALO CEDRO CA 96073 FOREST RANCH CA 95942 CHICO CA 95926-3430 t 063180009000 063180014000 063180016000 SHEFFIELD BRIAN&TERRY STEVESON ROBERT H&PATRICIA SHELBY HELEN TRUSTEE 4784 SHUFFLETON PO BOX 660 - P 0 BOX 562 FOREST RANCH CA 95942 FOREST RANCH CA 95942 FOREST RANCH CA 95942-0562 , 063180018000 063230004000 063230005000 LEITHEISER DAN&GERALDINE DUNNING GENE ANK THOMAS&CARRIE 2916 KENNEDY AVE P 0 BOX 422� 4705 SNOW MOUNTAIN WAY CHICO CA 95973-9607 FOREST RANCH CA 95942 FOREST RANCH CA 95942 063230006000 063230007000 063230008000 WARD WILLIAM A&DARLENE M PEARSON KENNETH D &DONNA L HANSEN TERRY R&M ROSANNE P 0 BOX 40 P 0 BOX 722 4724 SNOW MOUNTAIN WAY FOREST RANCH CA 95942 FOREST RANCH CA 95942-0722 FOREST RANCH CA 95942 .063230009000 063230010000 063230011000 KAUFMANN MARK S&RHONDA E OLIVER RAYMOND CHARLES&V EDWARDS STEVEN C P O BOX 838 P O BOX 455 P O BOX 398 - FOREST RANCH CA 95942 FOREST RANCH CA 95942 FOREST RANCH CA 95942 063230012000 063230014000 063230015000 MULL JOSHUA M&REBECCA SHERRILL GARY A&CHRISTINE CP CHANG MUNCEL&ANITA L 15435 FOREST RANCH WY P 0 BOX 10 P 0 BOX 394 FOREST RANCH CA 95942 FOREST RANCH CA 95942 FOREST RANCH CA 95942-0394 063230019000 063180017000 063180016000 MARTONE JOHN GARY&PHOEBE MCLAUGHLIN JOHN R SHELBY HELEN TRUSTEE P0BOX 361 P0BOX 52 P0BOX 562 FOREST RANCH CA 95942 FOREST RANCH CA 95942 FOREST RANCH CA 95942-0562 . VAAVERS® Address Labels Laser 5160 INTER-DEPARTMENTAL MEMORANDUM BUTTE COUNTY ENVIRONMENTAL HEALTH, CHICO TO: Steve Betts From: Tom Loushine Subject: McLaughlin Rezone, Project#REZ 03-03, APN 063-180-019 (Forest Ranch Area) Date: 12-01-03 The following issues would need to be addressed regarding the amendment of Rezone . i TM-2.5 to TM-1. Each 1-acre parcel would have to: Meet Appendix VII usable area requirements (percolation test results are required in order to evaluate those requirements), indicate a well site and 100 foot no-leach area around each site, meet all no-leach-area setback requirements to include a seasonal creek (50 feet) and Hwy 32 (55 feet). Thank You, Tom Loushine, REHS tl////memo/rezone/McLaughlin/ChristinaDr BUTTE CpUNTy cc: Doug Fogel DEC 0 4 2024E top S'Pji M IV ECE HE R, t,1 ? DEC - 4 2003 BUTT,IF COUNTY PLMiNiNG DIVISION BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT—JANUARY 8, 2004 Applicant: John McLaughlin Location: At the end of Christina Drive, west of State Highway 32, Forest Ranch area File#: REZ 03-03 &TPM 04-04 Parcel Size: 10± acres Requests: Rezone from TM-5 and PUD Supervisor 3 to TM-1. District: Tentative Parcel Map to divide a 10± acre parcel into Planner: Steve Betts, Senior Planner four 2.5± acre parcels G.P.:' Low Density Residential Attachments: Zoning: TM-5 (Timber Mountain, 5- A: General Plan/Zoning Map acre minimum parcel size) & PUD (Planned Unit B: Initial Study—Rezone 03-03 _ Development) C: Initial Study—TPM 04-04 D: Site Plan Zone Date: TM-5 - 2/10/76 PUD—4/22/80 APN: 063-180-019 EXECUTIVE SUMMARY: These projects are consistent with the proposed TM-1 zone and with the Butte County General Plan Low Density Residential land use designation, as well as the policies of the other elements of the General Plan. Staff recommends approval of these projects with findings and conditions. PROJECT DESCRIPTION: • This project consists of two associated projects: 1. Rezone of a 10± acre parcel from TM-5 (Timber Mountain, 5-acre minimum parcel size) and PUD (Planned Unit Development) to TM-1 (Timber-Mountain, 1-acre minimum parcel size). The majority of the site is zoned TM-5, with a 9,375± square foot (0.21± j acres) area zoned PUD. ■ Butte County Planning Commission ■ McLaughlin Rezone & TPM Agenda Report ■ 0 January 8, 2004 0 Page 1 of 14 0 2. Tentative Parcel Map to divide the 10± acre parcel into four 2.5t acre parcels for residential development. • The requested TM-1 zone could ultimately allow the project site to be developed with ten 1- acre parcels (with approval of a Tentative Parcel or Subdivision Map). • Sewage disposal for the future dwellings on the site would be handled by individual, on-site septic systems and domestic water obtained from individual on-site wells. • All four proposed parcels would front on the Christina Drive cul-de-sac. • The project site is owned by the applicant. SITE CHARACTERISTICS: • The topography of the site is rolling foothills and has an average slope of approximately 13%, with the steepest slope being approximately 20%. • The site is vegetated with black oaks,pines, cedars, firs, and extensive brush. • The project has not been developed with any structures. Timber harvesting and other vegetation clearing has occurred throughout the project site. • A small seasonal swale traverses the site. • Access to the site from a public road (Forest Ranch Road) is via Christina Drive, which is a private road that lies within a 60-foot wide easement. Christina Drive is chip sealed. • Christina Drive currently provides access to a public road for three parcels. • Surrounding land use is primarily rural residential on lots ranging in size from 0.7 to 7 acres. A 15-space mobile home is located to the northeast of the project site, and SR-32 lies on the project site's east side. • The site is not within a 100-year flood zone and is not within an,airport overflight zone. • The project site is not within an Alquist-Priolo Earthquake fault zone and is not within an earthquake aftershock epicenter region. • The eastern portion of project site is subject to moderately high noise levels from vehicular traffic on the adjacent SR-32. ANALYSIS: • The requested TM-1 zone is consistent with the Low Density General Plan land use designation, which allows net parcel sizes of 6,500 square feet to one acre. The existing TM- 5 zone is not listed as a consistent zone. • The Low Density Residential General Plan land use designation lists seven zoning factors that must be considered when determining the proper zoning district for a particular area. The zoning factors, along with staff's response, are: a ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ 0 January 8, 2004 0 Page 2 of 14 0 1. Existing parcel sizes and residential densities. Surrounding and nearby parcels range in size from 0.7 to 7 acres. Generally, the parcels to the north, west, and east(across SR-32) are around five acres in size, while the parcels to the south of the site are around 1-acre in size. A TM-I zone abuts the south side of the project site. Land uses on the surrounding and nearby parcels is primarily single family dwellings, with a 15-space mobile home park to the north. The requested TM-1 zone would be consistent with the surrounding parcel sizes and land uses. 2. -Availability of sewers or suitabilityfor septic tanks. Public sewer service does not exist in the project area. Sewage disposal for the future dwellings on the project site would be handled via individual, on-site septic systems. The soil on the project site—Aiken clay loam — is generally adequate for septic systems. The project site does not contain any steep slopes or high groundwater levels that would preclude the use of on-site septic systems. The Butte County Environmental Health Division inspected soil profile holes on the project site and does not object to the use of septic systems. 3. Effects on adjacent uses, water quality, air quality, noise, traffic flow and safety, and general environmental quality. No water quality impacts are expected because the soils on the site are generally capable of supporting on-site septic systems and because no significant amount of soil erosion is anticipated. Air quality impacts would not be significant due to the low density of development. The project would cause an increase in noise in the project area due to the expected future residential uses, but the noise would not be significant and would be consistent with existing noise levels in the project area. The rezone project could result in ten I-acre parcels on the project site, which could result in approximately 96 additional vehicle trips in the project area. All of the roads in the project area, including SR-32, have sufficient capacity to handle this minor increase in vehicular traffic. , 4. Proximity to major streets, commercial services and all public facilities. Access to the project site is from Christina Drive. Christina Drive is a private road that lies within a 60 foot wide road easement. Christina Drive connects to Forest Ranch Road, which in turn connects to SR-32. Forest Ranch School. (K-8) is located approximately 0.25 miles to the north of the project site. School bus service to Chico is provided for high school students. A small store with fuel is located approximately 0.5 miles to the south of the site. Extensive commercial services, high schools, hospitals, and recreational facilities are available in Chico, which is about a 15-minute drive from the project site. 5. Distance from airports, railroads and industrial uses. The Chico Municipal Airport, from which limited commercial flights are available, is about a 25-minute drive from the project_site. Railroad service is also available in Chico. Industrial uses are found in the Chico area. The impacts associated with airports,railroads, and industrial uses would not have an impact on the project site. ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ 0 January 8, 2004 0 Page 3 of 14 0 6. Existing utilities, walkways and drainage facilities. Electrical and telephone lines exist in the project area and can easily be extended to the project site. Piped natural gas service is not available in the Forest Ranch area, with many homeowners utilizing propane tanks. The project site is located in a rural area, and County road standards do not require the installation of curb, gutter, and sidewalks r along roadways. Drainage facilities in the area are limited and are not generally needed due to the low density of development in the project area. Storm water runoff from parcels in the project area is normally directed into natural drainages. 7. Local desires. Due to its rural mountain location, but relatively short drive to Chico, the Forest Ranch area is very desirable and faces increasing pressure for additional residential development. At this time the local desires regarding this rezone project site is not known. It is possible that adjoining property owners would be opposed to any project that results inland divisions on the project site. This rezone project requires approval by both the Planning Commission and the Board of Supervisors, both of which will hold public hearings on the rezone project. Local desires would not be known until the hearings are held. • The sizes of the proposed parcels are consistent with the requested TM-1 zone and with the Low Density Residential General Plan land use designation. • The rezoning of the PUD-portion of the project site to TM-1 would not significantly affect the remainder of the PUD zone, which would be 4.5f acres in size. The purpose of the PUD zone was to legalize a non-conforming mobile home park on the adjoining parcel (APN 063- 180-016) and to allow the mobile home park to expand to 20 spaces. The PUD was approved but the mobile home park never expanded to 20 spaces. No improvements were proposed for the area of the project site zoned PUD because of its location near a drainage way. A parcel map (Book 149 Pages 34-36) recorded subsequent to the rezone to PUD allowed the split zoning on the project parcel. The rezone to TM-1 will eliminate the existing split zoning on the project parcel. • With the rezone to TM-1, Christina'Drive has the potential to provide sole legal access for 12 parcels. This number of parcels is well below the 20 parcels maximum allowed on a cul-de- sac road pursuant to Butte County Code Section 20-133. With the proposed Tentative Parcel Map, Christina Drive would provide access for six parcels. t • Development of the project site with ten l-acre parcels has the potential to generate approximately 96 vehicle trips per day. The parcel map project would generate , approximately 39 vehicle trips per day. The roads in the project area have sufficient capacity to handle the increase in vehicular traffic. • The Tentative Parcel Map is conditioned to require that the rezone to TM-1 be approved by the Butte County Board of Supervisors prior to recordation of the Final Map. ■ Butte County Planning Commission ■ McLaughlin Rezone&TPM Agenda Report ■ 0 January 8, 2004 0 Page 4 of 14 ■ CEQA ISSUES: The initial studies prepared for these two projects determined there would be environmental impacts to the following areas: f • Air Quality(dust control during site development activities) • Biological impacts (oak tree and deer herd impacts) • Cultural Resources (possible disturbance of archaeological resources) • Fire Hazards (increased building setbacks from side and rear yard property lines) • Fire Protection Services (installation of interior fire sprinkler systems in all new residential structures) • Noise impacts (residential structure setbacks from SR-32) The initial studies, which are attached to this agenda report, recommended ten mitigation measures to reduce environmental impacts to a less than significant level. Due to impacts to oak habitat and deer herd winter range habitat, the collection of Department of Fish and Game fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required. The initial studies were sent to the Governor's Office of Planning and Research, State Clearinghouses, for distribution to state agencies. 1 ENVIRONMENTAL DOCUMENTATION: Two Initial Studies have been prepared for this project by County staff. Staff determined, based on a review of the Initial Studies, that project impacts can be fully mitigated. ACTION FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Adopt a Mitigated Negative Declaration with the following findings: A. Two Initial Studies—one for the Rezone to TM-1 and one for the Tentative Parcel Map - were completed in compliance with the California Environmental Quality Act. Said studies identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the proposed Mitigated Negative Declaration together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Studies and any comments received, there is no substantial evidence that the Rezone and Tentative Parcel Map for John McLaughlin, Planning Division File Number REZ 03-03 and TPM 04-04, would have a significant effect on the environment. ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ 0 January 8, 2004 0 Page 5 of 14 0 D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, with Mitigation Measures 1 through 10, as detailed in the Agenda Report dated January 8, 2004. Il. The design of the proposed project improvements has the potential to significantly impact oak tree and deer herd habitats. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5. is required. III. Recommend to the Board of Supervisors approval of an Ordinance rezoning from TM-5 (Timber Mountain, 5-acre parcels) and PUD (Planned Unit Development) to TM-1 (Timber Mountain, 1-acre parcels) for John McLaughlin, identified as APN 063-180-019, with the following findings: A. The proposed TM-1 zone is listed as a consistent zone with the Low Density Residential General Plan land use designation. B. The property is adjacent to other residentially zoned property, including a TM-1 zone, and is located in proximity to other similar-sized residential developments. C. Access to the property is provided by private road connection to Forest Ranch Road, a County road capable of accommodating the additional vehicular traffic generated by this Rezone. D. The Environmental Health Department indicates that soil conditions are capable of supporting on-site sewage disposal systems at the density proposed by the ' Rezone to TM-1. E. The proposal is not incompatible with any adjacent agricultural operation, since no agricultural operation is adjacent to the project site. F. The property is reasonably accessible to commercial services and schools. IV. Approve Tentative Parcel Map 04-04 for John McLaughlin, subject to the conditions found in Exhibit A and the following findings: s: A. The proposed ma is consistent with the Butte Count General Plan Goals and r � � Y Policies,particularly Land Use Element Polices: 3.2.a. Residential densities shall be correlated to soil slope and other natural site characteristics. 3.2.b. Correlate residential densities to availability of water and sewage disposal ` and proximity to other public facilities. ■ Butte County Planning Commission ■ McLaughlin Rezone & TPM Agenda Report ■ 0 January 8, 2004 0 Page 6 of 14 ■ 3.2.c. Relate residential densities to intensity and compatibility of adjacent uses. 3.2.d. Balance residential densities with traffic-carrying capacities of existing and proposed circulation plans. 7.1.a. Consider fire hazards in all land use and zoning decisions, environmental review, subdivision review and the provision of public services. B. The design and improvements of the proposed subdivision are consistent with County standards and policies provided all conditions of project approval are complied with. C. The project is physically suitable for the use and density of the proposed development because of the proposed parcel sizes provide adequate soils for leachfields, well locations and building sites that will not result in significant physical changes to the property. D. The design and improvements of the project will not cause public health or safety problems due to the large parcel sizes, and because the project site does not contain any significant physical characteristics that could cause health or safety concerns with the provided mitigations. E. The design and improvements of the project will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision provided the attached conditions are met. F. The project site is not within a 100-year flood zone or an earthquake fault zone. G. Approval of this project will not be detrimental to the public health, safety, and welfare provided the required conditions and mitigation measures are complied ' with. H. The sizes of the proposed parcels, at 2.5f acres, are consistent with the Low Density Residential General Plan land use designation and with the proposed TM- 1 zone. I. The project would result in Christina Lane providing sole legal access to 7 parcels. This number of parcels is consistent with Butte County Code Section 20- 133. ' J., Residential development on the project site is required to comply with Public Resources Code 4290 (Fire Safe Regulations) and all residential' structures are required to have an interior fire sprinkler system. k:\planning\projects\tpm\mclaughlin.04-04\mclaughlin tpm agenda report.doc, ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ 0 January 8, 2004 0 Page 7 of 14 0 EXHIBIT A Tentative Parcel Map for John McLaughlin on APN 063-180-019, File # TPM 04-04: An application for a Tentative Parcel Map to divide a l0± acre parcel into four 2.5f acre parcels. I. CONDITIONS OF APPROVAL: Planning Division 1. Mitigation Measure # 1: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states. "Dust generatedby the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and . after work is completed for the day and whenever wind exceeds 15 miles per hour. C. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation." Plan Requirements: The requirements shall be shown on grading plans and included as a note on future recorded maps. Timing: The requirements of this measure shall be adhered to at all times during all site development activities. Monitoring: The Department shall ensure that measures are indicated on the plans. Public Works Grading and Building inspectors shall spot check; Grading and Building shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 2. Mitigation Measure # 2: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "A plan prepared by a certified arborist, botanist or landscape architect that shows the existing on-site mature oak trees, located in any area proposed for buildings and vehicular access, and provides for methods to protect the trees identified to be preserved, shall be submitted for review and approval by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The removal of mature oak trees shall be minimized, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature oak trees removed shall be replaced on a 3-to-1 ratio, utilizing existing oak tree stock. Each oak tree to be preserved shall be surrounded by a circular zone (minimum 40-foot radius) identified by ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ 0 January 8, 2004 0 Page 8 of 14 0 an orange fence during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the fenced area." Plan Requirements: The above note shall be placed on the Final Map. Timing: The tree plan shall be submitted to the Planning Division for review with future building permit applications. Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on the Final Map. Public Works Grading and Building inspectors shall spot check; Grading and Building shall ensure compliance on-site. 3. Mitigation Measure # 3: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Fencing for areas other than residential areas shall be limited to a maximum of five (5) wire strands. The lowest strand shall be at least sixteen (16) inches above the ground and the upper strand shall be no higher than forty-eight(48) inches above the ground." Plan Requirements: The above note shall be placed on the Final Map. Timing: The requirements of the condition shall be adhered to at all times. Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on the Final Map. Building inspectors shall spot check- and Building shall ensure compliance on-site. 4. Mitigation Measure # 4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "At the time of building permit application, pay the applicable Deer Herd Impact fee(s) currently in • effect." Plan Requirements: The above note shall be placed on the Final Map. Timing: The required fee shall be paid at time of building permit issuance, if adopted or in force at the time of application. Monitoring: The Department of Public Works and the Planning Division shall ensure that the required notes are placed upon the map. The Building Division shall collect the fees at the time of building permit issuance if the County adopts the fees. 5. Mitigation'Measure # 5: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Should-grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ ■ January 8, 2004 0 Page 9 of 14 ■ implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The above note shall be placed on the Final Map. , Timing: ,This measure shall be implemented during site preparation and construction. Monitoring: Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 6. Mitigation Measure # 6: Prior to recordation of any parcel or subdivision map on the project site the segment of Humboldt Road on the project site shall be formally recorded with the Northeast Information Center of the California Historical Resources Information System at California State University, California. Plan Requirements: None. Timing: This measure shall be implemented prior to recordation of the Final Map. Monitoring: The Planning Division shall not sign off on the Final Map until such time at the road segment is formally recorded. The Land Development Division shall not cause the Final Map to be recorded until the road segment is formally recorded. 7. Mitigation Measure # 8: Execute a deed restriction and place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Dwellings shall not be constructed within 100 feet of the edge of nearest travel lane on SR-32 unless a noise analysis is performed by a certified noise analyst and appropriate construction and noise attenuation methods are incorporated into the dwelling to reduce interior noise levels to 45 dB or less." Plan Requirements: The note shall be placed on the Final Map and attached to all executed deeds. Timing: The note will become effective at the time of building permit application. Monitoring: Building Division plan examiners shall ensure that no residential building permits are issued in violation of the note. ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ 0 January 8, 2004 0 Page 10 of 14 0 8. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "A development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article H of the Butte County Code, prior to issuance of building permits. The fee amount will be determined and calculated as of the date of application for the building permit." 9. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount would be determined and calculated as of the date of application for the building permits." 10. The Tentative Parcel Map for John McLaughlin, File # TPM 04-04, shall not be recorded until such time as the Butte County Board of Supervisors adopts an ordinance rezoning the property to TM-1. 11. Prior to recordation of the Final Map, pay any outstanding project-related processing fees, and/or Department of Fish and Game fees. Land Development Division 12. Prior to, or concurrently with the recordation of the Parcel Map, provide a fully executed road maintenance agreement on the County approved form. 13. Provide street name signs per requirements of the Department of Public Works prior to recordation of the Parcel Map. Street names shall be approved by the County Address Coordinator prior to the recordation of the Parcel Map. 14. Provide a cul-de-sac, designed and constructed to county standards as specified in the County Improvement Standards. The Parcel Map shall show the cul-de-sac. 15. All access rights shall be reserved by deed, 'per County Ordinance, and offered for dedication and depicted on the Parcel Map. 16.. The developer shall provide all necessary traffic safety signs including stop signs. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Parcel Map stating: "No public entity shall be responsible for the maintenance of the stop sign. In accordance with Civil Code Section 845, maintenance of the road, including the stop sign shall be shared by those properties with a legal interest in the private right-of-way or easement." 17. Pay the recording fees then in effect for 'recording the Parcel Maps and related documents. ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ ■ January 8, 2004 ■ Page 11 of 14 ■ I . i . 18. Provide two-way traversable access to each parcel from a County maintained road or from a state highway. Improve parcel frontage to RS-8 LD II and access road to parcel being divided to RS-8 LD-I. Submit road and drainage plans to the Department of Public Works for plan checking and approval prior to construction. 19. Show on the additional map sheet of the Parcel Map a 20-foot building setback from the right-of-way line of Christina Drive and a 25-foot building setback from the right-of-way line of State Highway 32. 20. Prior to the recordation of the Parcel Map a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 21. A Construction Storm Water Permit will be required by the State Water Resources Control Board if the project results in a disturbance (including clearing, excavation, r filling, and grading) of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. 22. New lot lines shall comply with the applicable setback requirements of the Butte County _ Zoning Ordinance and the County adopted Uniform Building Code. 23. Show all easements of record on the Parcel Map. 24. Prior to or concurrently with the recordation of the Parcel Map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8, of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492. Fire Department 25. Mitigation Measure # 7. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "The building setback from the side and rear property lines shall be at least 30 feet to satisfy Public Resources Code 4290 (Fire Safe Regulations)." Plan Requirements: The required note shall be placed upon the Final Map and shown on all building plans. Timing: This Mitigation shall be implemented at the time of site construction and prior to issuance of final building permits. ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ ■ January 8, 2004 0 Page 12 of 14 0 Monitoring: The Butte County Fire Department/CDF shall ensure that the required note is placed on the Final Map. The Butte County Building Division plan checkers shall ensure that the building plans for structures meet the setback requirement. Building inspectors shall ensure all specified structures meet the setback requirement by conducting an on- site inspection. 26. Mitigation Measure # 9. Place a note on a separate document which is to be recorded , concurrently with the map or on an additional map sheet that states: "Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water system, with hydrants that meet Fire Department , specifications, serves the parcels." Plan Requirements: The note shall be placed on the Final Map Timing: Interior fire sprinkler systems shall be installed in all new residential structures at the time of building construction. Monitoring: Building Division plan checkers shall ensure that the building plans for residential structures include interior fire sprinkler systems. Building inspectors shall ensure all residential structures have a functioning interior fire sprinkler system prior to the final inspection,by conducting an on-site inspection. 27. Mitigation Measure # 10: In lieu of a pressurized water system or water storage tank, payment of$200.00 per created parcel into the Battalion 2 water tender fund is required prior to the issuance of a building permit. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Development of these parcels may require payment into the Water Tender Fund." Plan Requirements: The above note shall be placed on the Final Map. Timing: The required water tender fee may be required be paid prior to the issuance of a building permit. Monitoring: The Building Division shall ensure that the water tender fee is paid, if required,prior to issuance of a building permit. 28. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet which states: "Construction, installation or development of structures or facilities on the parcels, including as a minimum, driveway standards, building setbacks, and addressing, shall comply with the latest Fire Safe Regulations of Butte County, Public Resources Code 4290, and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits." ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ 0 January 8, 2004 0 Page 13 of 14 0 r " o Environmental Health Division 29. Identify on the additional map sheet a 100-foot leachfield free setback from each existing well within 100 feet of the project boundary. 30. Identify on the additional map sheet an area for wells and a 100-foot leachfield free setback around that area on Parcels 1, 2, 3, &4. 31. Identify on the additional map sheet a 50-foot leachfield free setback from the drainage way on Parcel 4. 32. Prior to the issuance of a building permit prove that the required quantities of domestic water are available to Parcels 1, 2, 3, &4. County Counsel 33. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. II.• NOTATION A. Minor changes may be approved administratively by the Directors- of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. ■ Butte County Planning Commission ■ McLaughlin Rezone &TPM Agenda Report ■ 0 January 8, 2004 0 Page 14 of 14 ■ ic 0 e rces Ln ico C _ � olta F O Q P eros ay C)Co 3 0 v Ra N • St _J chott �a 32 a _ Q T�msbevw-� n . Dr-' P it A . 1 : r 11 1 700 1400 2100 28M 3500 4200 Feet PLANNINGBUTTE COUNTY • 1 1 I 1 1 1 ' 1 1 � 1 11- HearingDate: 1 1.1' • 11 11 .11Ig II (Timber 11111111111 '1 11" 1111 1 (Timber 1 nY. II - minimum) :111a TentativeParcel .11 1 divide: 1 1 10 acre parcelinto 4 parcels1 2.5 acres each. Assessor1 063-180-019 1 ' • }•{ :}{> r .;:{`}����#• 3:+'{'i'�'•• . 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FRi, !of-.Cj'C :_,} , A ,'.±"f:?'n.•.k '::i''I ':}>!}: {y�'•,iTl{iYfri:yF{Y',;`f'r.'.fri£+dr':rfk,+,ri; . ... 0. .`�./ $�I....•::..a}- ry'•"r'` :CG• %fv raw};,i%•%i:tvD::'p,'d` '`�.•.1:.:..:•'; �-' ►�� �''. r I Ago ifs:ry,;•�;?£�{{.,f$••�q'a•r•:• • �: ,�:` ; �}:.:.. +"�:�t'�i {:�ff•{$Q7L$ :.��.1,:.1.. {fav e.�s1•::•'y}i}5, Iwo ;.',�"•,f'}2,S;A3'' Ln l•S:rr'c`:• h n:.•..l }y Y` .•:•. : •v;ry;{N. v�cy�••",syf}. "VVI/ tf:3i{.w:k-�t;{�e::>+TJ #{ rel. �• �v.:�' :.r$:$ :' .,�i:.::.,•:: <�:F.::� } /}'::••:fit •.:}{}:s}:,.�. � i - ! .M`IVIM'!fYl�{'1F.�114�M1�':%•��'•'y♦A�•O. ¢;:� Y I r • i ...a }} ........... ::{ "::.:{ 11 1 700 14W 2100 2W 4200 Fee BUTTE COUNTY PLANNING / ' I Applicant: 111MdAughfin � '� I 11• Hearing 1ate: Januar : 11' @ • 11 : 11 Existing 11 (Timber1 11acre11111 II Supervisorial , 1 ' - 11- 1111 1 (Timber 2 1/211 1 II 11 : 11 1 /:1 - ' ,II 1 1 1' District 10 acre parcelinto parcels1acres each. AssessorNo: 063-180-019 Shuffleton Dr --------------- -5 ----- ------ ---- T - PUD E w 3.88 C 7.25 ' t; 5.20 En lish Ln TM 2112 ; -TM - 1/3 5.20 l U ` ��� Pro edLocation ` y I TM-5 N ----- ` TM- TM-5 ; TM-5 �•9 1 ' 700 0 700 1400 2100 2800 3500 4200 Feet BUTTE COUNTY PLANNING COM11/IISSION Applicant: John McLaughlin Owner: Same Hearing Date: January 8,2004 @ 9:00 a.m. Existing Zone: TM-5(Timber Mountain,5 acre minimum) N Supervisorial Request:Rezone from TM-5 to TM-2.5(Timber Mountain,21/2 acre minimum)and a Tentative Parcel Map to divide District#3 a 10 acre parcel into 4 parcels of 2.5 acres each. Assessor Parcel No: 063-180.019 )Elle:REZ . .r �, '. "�r 4 -�'•t- _* '� !. �t` n. .A,.,ti •"'�' " .. ... ,i'(}' tiF,�' 3t,. .'�•';:i:y zv ,"'. gip' -, .. i ,. r t .,!',.. ��!-�+ � •{; r ��' !.�,� 'Cf,4 4.,e� '�' t. '� W ' ism~r. -x}"A r •,*..a '� Ar ?_?.: -+YII�YF�I��. . i.IW.MMW4YrY.1Y� Y�.M'i.l ►Wr�f/�F,.' .a'I�.lm.�*o•AY. 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''>t. .. - w. .C'�.,.. ,;w. ,..,.,. .t,*.,- •A Baker, Joseph Sent: Monday, October 20, 2003 2:06 PM To: Baker, Joseph Subject: Rezone ap #RZ03-03 - Dear Joe, As perour telephone conversation 10/20/03 I understand that it is the countys position at this time that the TM-2 1/2 zoning is inconsitent with the general plan for this area. If this is the case then please accept this letter as a request for my application to be+ changed requesting the rezone for TM-1 Thanks John McLaughlin P.O-. BOX 52 Forest Ranch, Ca 95942 342-5359 1 INC ttecounty LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES " �,�.;,,�••�•�.�;.•�• ..a- ;, 7 COUNTY CENTER DRIVE OROVILLE,CALIFORNIA 95965-3397 : ` TELEPHONE: (530)538-7601 October 7,'2003 FAX: (530)538-7785 BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Notice is hereby given by the Planning Commission that a public hearing will be held on November 13, 2003, in the Butte County Board of Supervisors' Room County Administration Center, 25 County Center Drive, Oroville, California, at 9:00 a.m.regarding the following item: John McLaughlin Rezone, File REZ 03-03 - A rezone for 10 acres on the west side of State Route 32, just south of Forest Ranch Road (southerly intersection), at the end of Christina Drive. The current zone is TM-5 (Timber Mountain 5-acre minimum parcel size) and the requested zone is TM-2 %2 (Timber Mountain — 2 '/2-acre minimum parcel size). The property is a single 10-acre parcel that has not been developed. Once rezoned, there is a potential that four residential parcels could be created from the parcel. APN 063-180-019 in Section 6,T 23N R3E MDB&M(CS) MITIGATED NEGATIVE DECLARATION In accordance with the California Environmental Quality Act(CEQA), an Initial Study has been prepared for the project which identifies potentially significant effects on: Aesthetics (light and glare); Air Quality (dust generation); Biological Resources (oak woodlands, migratory deer range); Archaeological Resources; Wildland Fire Hazard;Noise; and Fire Protection Services. Revisions in the project plans or proposals made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where no significant effects would occur. Therefore, Planning Division staff is recommending a Mitigated Negative Declaration. The Initial Study and proposed Mitigated Negative Declaration for this project are on file for public review starting October 10, 2003, and running through November 10, 2003, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. All interested persons are invited to review the document. Written comments will be accepted by the Planning Division at the above address. If you challenge the Mitigated Negative Declaration or Rezone action 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 Division at, or prior to, the public hearing. For further information regarding this project,please contact Craig Sanders, project planner, at the Butte County Planning Division at(530) 538-7603. BUTTE COUNTY PLANNING DIVISION YVONNE CHRISTOPHER,DIRECTOR OF DEVELOPMENT SERVICES I ,n r To be published m the Chico Enterprise Record on Friday, October 10, 2003 � �L� — 9 03 CBYNDF .GRU ,BUTTE CO.DUTY 1 ti r O)J ��b - off i December 8, 2003 BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for the following project: MITIGATED NEGATIVE DECLARATION/REZONE John McLaughlin, Rezone to rezone a 10± acre parcel from TM-5 and PUD to TM-1 (Timber Mountain, 1-acre minimum parcel size). A project to divide the project site into four 2.5f acre parcels is being processed concurrently with this project. The California Environmental Quality Act requires this notice to disclose whether any listed toxic sites are present. The project location does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration and reference documents for this project are on file for public review starting December 9, 2003, through January 7, 2003, at the Butte County Planning Division, 7 County Center Drive, Oroville, California.. All interested persons are invited to review the documents. Written comments will be accepted by the Planning Division at the above address. Any written comments on the , Initial Study/Mitigated Negative Declaration must be received at the above address within the public review period. If you challenge the Initial Study/Mitigated Negative Declaration in court, you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the Planning Division. The Butte County Planning Commission will hold a public hearing on this project, the date, time, and location of which has not yet been determined. Landowners within 300 feet of the project site will receive written notice as to the date, time, and location of the Planning Commission hearing. For further information regarding this project, please contact Stephen Betts, project ' planner, at (530) 538-7153. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES Tobe published in the Chico Enterprise Record on Tuesday, December 9, 2003. t t = - AW Page 1 of 1 ,Y Betts, Steve From: Betts, Steve Sent: Thursday, December 04, 2003 9:43 AM ' To: Baker, Joseph Subject: McLaughlin Rezone initial study Initial study attached for your review Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk-(530)538-7153 Fax —(530)538-7785 4 • 12/4/2003 Memorandum Page 1 of 1 Betts, Steve From: Hill, Rob Sent: Thursday, December 04, 2003 10:33 AM To: Betts, Steve Subject: McLaughlin REZ 03-03 And here's McLaughlin REZ 03-03 Memorandum TO: Steve Betts, Development Services FROM: Robert Hill,Deputy Agricultural Commission SUBJECT: McLaughlin REZ 03-03 APN 063-180-019 Agriculture Phone: 538-7886 DATE: December 2, 2003 Fax: 538-7594 Regarding the McLaughlin rezone to TM-1 or TM-2.5. There is no adjacent agricultural operation that would be affected by this project. There are no significant agricultural issues. DEC - 4 2003 BUTTE COUNTY PLANNING DIVISION 12/4/2003 t� IU it } �M'Y.NYn•tlN•wMfurM•M�•crI•sM.u�'wM«�wM"{rb�wa!W1✓v 1i9 1 • C f i • f i i • INTER-DEPARTMENTAL MEMORANDUM BUTTE COUNTY ENVIRONMENTAL HEALTH, CHICO j TO: Steve Betts ,From: Tom Loushine Subject: McLaughlin Rezone, Project#REZ 03-03, APN 063-180-019 (Forest Ranch Area) Date: 12-01-03 The following issues would need to be addressed regarding the amendment of Rezone TM-2.5 to TM-1. Each 1-acre parcel would have to: Meet Appendix VII usable area requirements (percolation test results are required in order to evaluate those requirements), indicate a well site and 100 foot no-leach area around each site, meet all no-leach-area setback requirements to include a seasonal creek(50 feet) and Hwy 32 (55 feet). Thank You, Tom Loushine, REHS tl////memo/rezone au ghlin/ChristinaDr cc: Doug Fogel Ga E0 U LS . [rF 4 2003 BUTTE COUNTY PLANNING DIVISION Page 1 of 1 Betts, Steve From: Betts, Steve Sent: 'Monday, December 01, 2003 11:11 AM To: Baker, Joseph } Subject: McLaughlin Rezone Initial Study Attached is the initial study for the McLaughlin Rezone project. I am still waiting from comments from County departments regarding the change in the requested zone (from TM 2.5 to TM-1), but I don't expect any negative comments. I will now start on the initial study for the McLaughlin parcel map project. -S- Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk- (530)538-7153 Fax —(530)538-7785 i 12/2/2003 DEPARTMENT OF DEVELOPMENT SERVICESo�uTtFo PLANNING DIVISION o 0 o O 7 County Center Drive 00 off' -=�' I o Oroville,CA 95965-3397 Telephone: (530)538-7601 c�UWty FAX: (530)538-7785 TO: Inter-Departmental Review Committee FROM: Steve Betts,Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: John McLaughlin,Rezone-REZ 03-03 DATE: November 21,2003 APN: 063-180-019 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity.to make comments regarding the completeness ,of this application, and to recommend conditions and/or mitigation measures relevant to.your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: to Rezone a parcel from TM-5 (Timber Mountain,5 acre parcels) to TM-1 (Timber Mountain,one-acre parcels) PROJECT LOCATION: at the end of Christina Drive,west of State Highway 3 ,Forest Ranch area r s County Supervisor District No: 3 ZONING: TM-5 (Timber Mountain,5-acre parcels)and PUD (Planned Unit Development) GENERAL PLAN: LDR(Low,Density Residential) If a response cannot be submitted prior to December 1,2003,please call Craig Sanders at (530) 538- 7603. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for 2/12/2004,before the Planning Commission. COMMENTS: (Please be specific. Letters or additional comments may be attached) �A/d Am7-10 Arm— Ci rV A%L�� By: Date: 121 710 3 DEPARTMENT OF DEVELOPMENT SERVICES �UTTF PLANNING-DIVISION oc O O 7 County Center Drive a " o Oroville,CA 95965-3397 Telephone: (530)538-7601 c0U IN FAX: (530)538-7785 `. TO: Inter-Departmental Review Committee FROM: Steve Betts,Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: John McLaughlin,Rezone-REZ 03-03 DATE: November 24,2003 APN: 063-180-019 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the ; completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: to Rezone a parcel from TM-5 (Timber Mountain,5 acre parcels)to TM-1 (Timber Mountain,one-acre parcels) PROJECT LOCATION: at the end of Christina Drive,west of State Highway 32,Forest Ranch area County Supervisor District No: 3 ZONING: TM-5 (Timber Mountain,5-acre parcels) and PUD (Planned Unit Development) GENERAL PLAN: LDR(Low Density Residential) If a response cannot be submitted prior to December 1, 2003,please call Craig Sanders at (530) 538- 7603. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for 2/12/2004,before the Planning Commission. COMMENTS: (Please be specific. Letters or additional comments may be attached) ' The rezone in itself does not create more parcels but does add to the potential increase in —parcel. We will deal with the amount of parcels in the TPM stage. By: T. Crawford Date: November 24, 2003 4 Betts, Steve From: Jim Herrick Dherrick@northstareng.com] Sent: Monday, November 17, 2003 6:46 AM To: Betts, Steve Cc: John McLaughlin Subject: McLaughlin Rezone Steve, I am checking on the status of the initial study on this project. You had said earlier that you thought it would be ready by now. Please send me a copy if you have it ready or email me with the status if it is not complete. Thanks Jim Herrick t J A i i . Page 1 of 1 s Betts, Steve From: Baker, Joseph Sent: Monday, November 10, 2003 9:14 AM To: Betts, Steve Subject: McLaughlin Rezone inquiry Steve, Robert Bay (530) 342-1632 inquired about the McLaughlin rezone application on Monday.. Mr. Bay is a neighbor and appears to be interested in possibly rezoning his land at some point in the future. Thanks... Joe Joseph W. Baker Planning Manager Butte County Department of Development Services (530)538-6572 Asepb.baker@butieLqunty.net 11/12/2003 Betts, Steve From: Betts, Steve Sent: Monday, November 17, 2003 10:18 AM To: 'Jim Herrick' Subject: ' RE: McLaughlin Rezone i McLaughlin REZ& TSM Initial S... Jim, . .I finished the draft initial study on 11/6 and gave it to my supervisor (Joe Baker, Planning Manager) for his review. I spoke with him this morning about it and he said the review of the initial study was on his priority list. Once he has reviewed the initial study it is sent to the County Counsel's Office for their review. After that, we send it to you or the applicant for signature, and then we send it to the State Clearinghouse for distribution to state agencies and public review (30-day minimum review period) . Attached, please find a copy of the draft initial study in PDF format. This is only a draft initial study and is subject to change pending review by the Planning Manager and the County Counsel 's Office. If you have any questions please let me know. Steve Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk - (530) 538-7153 Fax - (530) 538=7785 -----Original Message----- From: Jim Herrick. [mailto:jherrick@northstareng.com] Sent: Monday, November 17, 2003 6:46 AM To: Betts, Steve Cc: John McLaughlin Subject: McLaughlin Rezone Steve, I am checking on the status of the initial study on this project. You had said earlier that you thought it would be ready by now. Please send me a copy if you have it ready or email me with the status if it isnot complete. Thanks Jim Herrick 1 Page 1 of 1 ._ Crawford, Ted From: Christopher,Yvonne [YChdstopher@buttecounty.net] Sent: Friday, October 10, 2003 12:13 PM To: Edell, Stuart; Fogel, Doug; Crawford, Ted Cc: Sanders, Craig; Wannenmacher, Felix Subject: McLaughlin project in Forest Ranch i I had a telephone conference with the applicant yesterday.We discussed him changing his rezone to the TM-1 category. His intention is to have 2.5 acre sites and has submitted a map reflecting that,which we have reviewed at IDR. He was applying for a rezone to TM-2.5, although it has been determined and confirmed with County Counsel that this is not a consistent zone with the General Plan designation of LDR. Mr. McLaughlin is more than happy to change his application, but wants confirmation as to what a change would potentially trigger in other departments. Please respond directly to me, as I will have follow-up contact with the applicant, at his request. Thanks, Yovnne r 10/14/2003 . I owTrFo 0 0 0 0 Lteroffice Memorandum TO: Stu Edell, Land Development Ted Crawford, CDF Doug Fogel, Environmental Health Rob Hill, Agricultural Commissioner's Office FROM: Steve Betts 5 SUBJECT: McLaughlin Rezone, Project#REZ 03-03, Planning Division APN 063-180-019 (Forest Ranch Area) Phone: 538-7153 FAX: 538-7785 DATE: November 21, 2003 This project was originally a rezone to TM-2.5, but the applicant has amended the project for a rezone to TM-1 (Timber Mountain, 1-acre minimum parcel size). We received comments from your departments regarding the rezone to TM-2.5, but we now need comments on the rezone to TM-1. With the proposed TM-1 zoning, the project site could potentially be developed with ten 1-acre parcels. Please note that we are currently processing a parcel map on the project site to create four 2.5-acre parcels. We already requested comments from your departments regarding the parcel map. The applicant is still proposing to create the four 2.5-acre parcels. I have attached your previous comments regarding the rezone to this memo. If you have any additional comments regarding the rezone please return them to me as soon as possible. Betts, Steve From: Baker, Joseph Sent: Thursday, November 20, 2003 10:17 AM To: 'Jim Herrick' Cc: Betts, Steve Subject: RE: McLaughlin Rezone, and Minton Parcel Map ' Jim, y The initial study for McLaughlin was modified to reflect the change in request to TM-1 to reflect a conditional rezone. I discussed this issue with the planner and it was determined that we could support a straight rezone after additional discussions with Environmental Health. Steve Betts is revising the Initial Study accordingly and as soon as it is complete I will review the work and forward to County Counsel for a legal review. On the second issue, I am reviewing that issue with the appropriate County Departments and should have an answer for you in the near future. Thanks for your patience. Joe Joseph W. Baker Planning Manager Butte County Department of Development Services (530) 538-6572 joseph.baker@buttecounty.net -----Original Message----- From: Jim Herrick [mailto:jherrick@northstareng.com] Sent: Tuesday, November 18, 2003 2 :38 PM To: Baker, Joseph, Cc: John McLaughlin Subject: McLaughlin Rezone, and Minton Parcel Map Joe, Have you reviewed the Initial Study for the McLaughlin Rezone? • It is our understanding that it-was completed and given to you for review on November 6, 2003 . . Please let me know the status of this. Also I am wondering what has happened to our request on the Minton Parcel Map (PM 96=25) . This request was to treat the existing buildings a preexisting non-conforming buildings ``and was submitted on September 18, 2003 . I think that two months should be sufficient 1 time to review this. We would, very much, like to hear from planning regarding this.. Has this job been assigned a new planner or is Craig back to work? Jim Herrick NorthStar Engineering ` 1 . o 0 o 0 0 0 Lteroffice Memorandum o TO: Stu Edell, Land Development Ted Crawford, CDF Doug Fogel, Environmental Health Rob Hill, Agricultural Commissioner's Office - FROM: Steve Betts6& SUBJECT: McLaughlin Rezone, Project#REZ 03-03, Planning Division APN 063-180-019 (Forest Ranch Area) Phone: 538-7153 FAX: 538-7785 . DATE: November 6, 2003 This project was originally a rezone to TM-2.5,but the applicant has amended the project for a rezone to TM-1 (Timber Mountain, 1-acre minimum parcel size). We received comments from your departments regarding the rezone to TM-2.5,but we now need comments on the rezone to TM-1. We will be recommending a conditional rezone to . ' limit the project site to four 2.5-acre parcels. Please note that we are currently processing a parcel map to create four 2.5-acre parcels (we already requested comments from your departments regarding the parcel map). 'I have attached your previous comments to this memo. If you have any additional comments regarding the rezone please return them to me as soon as possible. ti ` h z Betts, Steve From: Baker, Joseph Sent: Tuesday, October 28, 2003 1:52 PM To: Christopher, Yvonne , Cc: Betts, Steve Subject: FW: John McLaughlin Rezone in Forest Ranch Yvonne, I have•assigned this project to Steve Betts. I spoke with Jim Herrick today just after noon and have informed him who would be managing these applications during Craig's . absence. This project actually involves two applications, REZ 03-03 and TPM 04-04 . Craig had accomplished a lot of work on REZ 03-03, which was the project that was involved in the dispute between TM-2 1/2 and TM-1 zoning classifications. I will inform Steve that REZ 03-03 will be worked on in a Non-billable status. I would recommend that TPM 04-04 that the time frame that Steve needs to familiarize himself with the project should be non-billable, and that once he is familiar with the project that it should return to a billable status. Iri addition, I would recommend that once the Initial Study and Agenda Report for REZ 03-03 are complete that REZ 03-03 be returned to a billable status while the public hearing is being P g performed to include the cost of legal notices and other costs associated with the public hearing as conducted by administrative staff. Thanks- Joe Joseph W. Baker Planning Manager Butte County Department of Development Services (530) 538-6572 joseph.baker@buttecounty.net - ---Original Message----- , From: Christopher, Yvonne . Sent: Tuesday, October 28, 2003 12 :38 PM To: Baker; Joseph Subject: FW: John .McLaughlin Rezone in Forest Ranch Joe, Please expedite the McLaughlin project and tell the assigned planner to contact Jim Herrick to introduce themselves. Also, the clock stops on this project. Please contact Jim yourself; with the answer to who will be handling Minton and Blue Oaks in Craig's absence.. Let me know when this is accomplished. Thanks, Y -----Original Message----- From: Jim Herrick [mailto:jherrick@northstareng.com] Sent: Tuesday, October 28, 2003 9:50 AM 1 ' ti. ' To: Christopher, Yvonne Subject: John McLaughlin Rezone in Forest Ranch Yvonne, I discussed this project with John this morning and reviewed what you and I discussed yesterday. He wants to change the rezone request from TM 2 1/2 to TM-1 as we discussed yesterday. He said that he had already sent the same request to Joe Baker a week or so ago. Joe told him that the project had not been reassigned yet. Anything that you can do to expedite this change would be appreciated. Also, we have a couple of other projects that will, apparently, get a new planner assigned - Minton PM and Blue Oaks Subdivision. Please let us know who the new planner will be. we have submitted a specific request on' the Minton PM to have the buildings treated as preexisting. I believe that this request was forwarded to County Counsel but I am not sure. This Map expires next March so time is of the essence. Thank you again for meeting with Jim and I yesterday and thank you in advance for your time in these matters. If you need additional information to change the zoning request please let me know. Jim Herrick 2 - I� ' l �• 1 :l f 1 �J T 2 4 A�mi3 : 3 m ,•t r 11 s t J >f" n. k Y I f i f f•. 19: .• I 't Y- 1 u n iF vt c.. 1 Z I '7 a: f v R2 .. .77 J t 0 f. C :..::...:. ..:.. .. 0 O 0 4 0 O O I• o O b :i530.0 O O 0 l S y 0 0 011 ,0 zo o *� 0 4 o - S o C 0 : :::.....::.:.. r•: 0 o O p O e O O O 00 : . a 0 0 :. 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The current zone is TM-5 (Timber Mountain 5-acre minimum p rcel 'z and a requested zone is TM-2 %z (Timber Mountain — 2 Y2-acre minimum parcel size). p a single 10-acre parcel that has not been developed. Once rezoned, there is a poten at sidential parcels could be created from the parcel. APN 063-180-019 in Section 6,T 23 MD &M(CS) MITIGATED NEGATIVE DECLARA In accordance with the California En vi en Quality Act(CEQA), an Initial Study has been prepared for the project which identifies potent'a y s• ificant effects on: Aesthetics (light and glare); Air Quality (dust generation); Biological rc (oak woodlands, migratory deer range); Archaeological 'Resources; Wildl ire H r ois , and Fire Protection Services. Revisions in the roje t p r oposals made by or agreed to by the applicant would avoid the effects or mitigate the fects to a poi where no significant effects would occur. Therefore, Planning Division staff is recomme ding a iti ted Negative Declaration. The Initial Study an oposed Mitigated Negative Declaration for this project are on file for public review starting Octob 10, 2003, and running through November 10, 2003, at the Butte County Planning Division, 7 Coun enter Drive, Oroville, California. All interested persons are invited to review the document. Writt comments will be accepted by the Planning Division at the above address. If you chal nge the Mitigated Negative Declaration or Rezone action in court, you may be limited to raising respondence issues you or someone else raised at the public hearing described in this notice, or in writte delivered to the Planning Division at, or prior to, the public hearing. F further information regarding this project,please contact Craig Sanders,project planner, at the Butte ounty Planning Division at(530) 538-7603. BUTTE COUNTY PLANNING DIVISION YVONNE CHRISTOPHER,DIRECTOR OF DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Friday, October 10, 2003 OCT _ 9 2006 L:R . LAND I G 'I CO.CLERK IQY_ DEPUTY October 7,2003 BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Notice is hereby given by the Planning Commission that a public hearing will be held on November 13, 2003, in the Butte County Board of Supervisors' Room County Administration Center, 25 County Center Drive, Oroville, California, at 9:00 a.m. regarding the following item: John McLaughlin Rezone, File REZ 03-03 - A rezone for 10 acres on the west side of State Route 32, just south of Forest Ranch Road (southerly intersection), at the end of Christina Drive. The current zone is TM-5 (Timber Mountain 5-acre minimum parcel size) and the requested zone is TM-2 % (Timber Mountain — 2 '/2-acre minimum parcel size). The property is a single 10-acre parcel that has not been developed. Once rezoned, there is a potential .that four residential parcels could be created from the parcel. APN 063-180-019 in Section 6,T 23N R3E MDB&M (CS) MITIGATED NEGATIVE DECLARATION In accordance with the California Environmental Quality Act(CEQA), an Initial Study has been prepared for the project which identifies potentially significant effects on: Aesthetics (light and glare); Air Quality (dust generation); Biological Resources (oak woodlands, migratory deer range); Archaeological Resources; Wildland Fire Hazard;Noise; and Fire Protection Services. Revisions in the project plans or proposals made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where no significant effects would occur. Therefore, Planning Division staff is recommending a Mitigated Negative Declaration. The Initial Study and proposed Mitigated Negative Declaration for this project are on file for public review starting October 10, 2003, and running through November 10, 2003, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. All interested persons are invited to review the document. Written comments will be accepted by the Planning Division at the above address. If you challenge the Mitigated Negative Declaration or Rezone action 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 Division at, or prior to,the public hearing. For further information regarding this project,please contact Craig Sanders,project planner, at the Butte County Planning Division at(530) 538-7603. BUTTE COUNTY PLANNING DIVISION YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Friday, October 10, 2003 ' Form A • Notice of Completion & Environmental Document Transmittal El # Mail to: State Clearinghouse,PO Box 3044,Sacramento,CA 95812-3044 916/445-0613 Project Title: McLaughlin Rezone Lead Agency: Butte Count Department of Development Services Contact Person: Craiq Sanders Street Address: 7 County Center Drive Phone: (530)538-7603 City: Oroville Zip: 95965 County: Butte ———--————————————————————————————————————— Project Location: County: Butte City/Nearest Community: Forest Ranch Cross Streets: Forest Ranch Road and State Highway32 Zip Code: 95942 Total Acres: 10 Assessor's Parcel No. Section: T Range: Base: ; 063-180-019 6 �'P• 23 N g 3E MDB&M Within 2 Miles: State Hwy#: 32 Waterways: Big Chico Creek, Little Chico Creek Airports: N/A Railways: N/A Schools: Forest Ranch Elementary ————————————————————————————————————————— Document Type: CEQA: , ❑NOP ❑Supplement/Subsequent EIR NEPA: ❑NOI Other: ❑Joint Document ❑Early Cons (Prior SCH No.) ❑EA ❑Final Document ®Neg Dec ❑Other ❑Draft EIS ❑Other ❑Draft EIR ❑FONSI ————————————————————————————————————————— Local Action Type: ❑General Plan Update ❑Specific Plan ©Rezone ❑Annexation ❑General Plan Amendment ❑Master Plan ❑Prezone ❑Redevelopment ❑General Plan Element ❑Planned Unit Development ❑Use Permit ❑Coastal Permit ❑Community Plan ❑Site Plan ❑X Land Division(Subdivision, etc.) ❑Other ————————————————————————————————————————— Development Type: ]Residential: Units-4- Acres 10 ❑Water Facilities: Type MGD ❑Office: Sqft. Acres Employees ❑Transportation: Type ❑Commercial: Sgft. Acres Employees ❑Mining: Mineral ❑Industrial: Sgft. Acres Employees ❑Power: Type Watts ❑Educational ❑Waste Treatment: Type ❑Recreational ❑Hazardous Waste: Type ❑Other: —-————— ---------------------------------- Funding --------------------------------- Funding(approx.): Federal $ 0 State $ 0 Total $ 0 ————————————————————————————————————————— Project Issues Discussed in Document: ®AestheticNisual ❑Flood Plain/Flooding ❑Schools/Universities ©Water Quality ❑Agricultural Land ©Forest Land/Fire Hazard ©Septic Systems ©Water Supply/Groundwater X]Air Quality ❑Geologic/Seismic ❑Sewer Capacity ❑Wetland/Riparian ©Archeological/Historical Z Minerals ❑X Soil Erosion/Compaction/Grading ©Wildlife ❑Coastal Zone ©Noise ❑Solid Waste ❑Growth Inducing ©Drainage/Absorption ❑Population/Housing Balance ❑Toxic/Hazardous ©Landuse ❑Economic/Jobs ❑Public Services/Facilities ©Traffic/Circulation ❑Cumulative Effects ❑Fiscal ❑Recreation/Parks ❑Vegetation ❑Other ------------------------------------------ Present ----------------- --------------------- Present Land Use/Zoning/General Plan Designation: Present zoning is TM-5(Timber Mountain 5 ace minimum)proposed is TM-2 1/2(Timber Mountain 2 1/2 acre minimum) ----------------------------------------- Pro-ect ------------- -------------------------- Pro-ect Description: A rezone for 10 acres on the west side of State Route 32,across from Fitzgerald Drive from TM-5 to TM 2 1/2. Once rezoned,there is a potential for four residential parcels to be created from the original parcel. Sewage disposal for the project would-he ro i individual septic tank,and water would be obtained from individual wells on the site. �Revvise�5-3199 23 Reviewing Agencies Cheffist Form A,continued KEY Resources Agency S=Document sent by lead agency Boating&Waterways X=Document sent by SCH ✓=Suggested distribution Coastal Commission Coastal Conservancy Colorado River Board Environmental Protection Agency Conservation • Air Resources Board . Fish&Game California Waste Management Board 'Forestry&Fire Protection SWRCB: Clean Water Grants Office of Historic Preservation SWRCB: Delta Unit Parks&Recreation SWRCB:Water Quality Reclamation Board SWRCB: Water Rights S.F.Bay Conservation&Development Commission Regional WQCB# ( ) Water Resources(DWR) Youth &Adult Corrections Business,Transportation &Housing Corrections Aeronautics California Highway Patrol Independent Commissions&Offices CALTRANS District# Energy Commission Department of Transportation Planning(headquarters). Native American Heritage Commission Public Utilities Commission Housing&Community Development Santa Monica Mountains Conservancy Food &Agriculture State Lands Commission Health &Welfare Tahoe Regional Planning Agency Health Services State& Consumer Services Other General Services OLA(Schools) ----------------------------------------- Public ---------------------------------------- Public Review Period(to be filled in by lead agency) Starting Date Septmber 26, 2003 Ending Date October 27, 2003 � 1 Signature Date ------------------------------------------ Lead Agency(Complete if applicable): For SCH Use Only: Consulting Firm: Date Received at SCH Address: City/State/Zip: Date Review Starts Contact: Date to Agencies Phone: (_) Date to SCH 1 Clearance Date Notes: Applicant: John McLaughlin Address: P.O.Box 52 City/State/Zip: Forest Ranch CA 95942 Phone:(530 ) 342-5359 BUTTE COUNTY NorthStar AUG 2 0 2003 August 14, 2003 ENGINEERING DES LOPMENT Civil Engineers-Surveyors Craig Sanders Butte County Planning Department 7 County Center Drive Oroville, CA Re: Rezone for John McLaughlin RZ-03-03 Craig, I have reviewed the Initial Study on this project and have the following comments and/or questions. 1. I understand Mitigation Measures 1-9. 2. 4.3 Air Quality under impact discussion paragraph•2;line 4 "only fifteen potential., parcels". Shouldn't this say 4 potential parcels? 3. 4.4 Biological Resources under impact discussion paragraph 2fne 4 states that it is "recommended"that a botanical survey be completed. There is no mitigation requirement for this so is this required for the rezone and/or is this likely to be a requirement at the Parcel Map stage? 4. 4.13 Public Services under impact discussion Paragraph 1 end of line 10 and line 11. The statement that there is a potential for agricultural workers houses etc. does not appear to apply to this project and should be removed. 5. 4.15 Transportation Traffic under impact discussion paragraph 2. The wording in ,..this paragraph is confusing. There is one 60' access easement with a cul-de-sac at the end'that`serves this parcel. The cul-de-sac will also serve the 4 proposed parcels sono additional right-of-way is contemplated. 6. '4'.16 Utilities andService Services under impact discussion paragraph I line 3, paragraph 3 line 3 and paragraph 4 line 2 all indicate that there are mitigation measures below but there are no mitigation measures listed. Paragraph 5 does not appear to apply to this project. The applicant has not done any adjoining subdivisions and there is no CSA or Homeowners Association contemplated for this project. Please review these comments and mail or email me some explanation on these items. Thank you for your time and_I look forward to hearing from you. Sincerely NorthStar Engineering 2mesM.,,HeiiickPLS5616 ' Cc: Jog IVIcI aughlin 20 ION RIVE-DEC LARAT D • CHICO,CALIFORNIA 95973 530-893-1600 FAX-893-2113 .i f• •• .. .qui •r. ,.1 - DEPARTMENT OFD VELOPMENT SERVICES ��T oToF PLANNING DIVISION , \11 I o • a O C 7 County Center Drive Environmental Health _ - Oroville, CA 95965-3397 0 Telephone: (530) 538-7601 APR 1 8 2003 cOUN'�y FAX:(530) 538-7785• �. Chico, Califomia Environmental Health -rD Craig Sanders, Butte County Planning DivisionBUTTE SUBJECT: Request for Comments on a Development/Land Use Application ' COUNTY APPLICANT: John McLaughlin,_Rezone - REZ 03-03 APR 3 0 20 3 DATE: Apri 051 21 03 APN: 063`180-019 DEVELOPME SERVICES The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: to_r_ezone.a_pgr_cel from TM___(Timber Mountain - 5 acre parcels) to TM-2 z( Timber Mountain - 2 Z acre parcels) PROJECT LOCATION: at the end ofChr� istina_Dr_ive, approximately 1,200 feet southwest of Forest Ranch Road, approximately 200 feet north of the intersection of Forest Ranch Road and Deer Creek Highway, Forest Ranch - County Supervisor District No: 3 ZONING: TM-5 (Timber Mountain, 5-acre parcels) GENERAL PLAN: LDR (Low Density Residential) If a response cannot be submitted prior to Ap61_29, 2003, pLease call Craig Sanders at (530) 538-7603. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for August 14, 2003 before the: Planning Commission Development Review Committee F-1 COMMENTS: (Please be specific. Letters or additional comments may be attached): Z 12 By: Date: o I DEPARTMENT OFfEVELOPMENT SERVICES T � PLANNING DIVISION o��,III ID0 7 County Center Drive o _ o Oroville,CA 95965-3397 00 y' o Telephone: (530) 538-7601 c0UN�y FAX: (530) 538-7785 TO: Public Works Director FROM: Craig 5anders, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: John McLaughlin, Rezone - REZ 03-03 DATE: April 15, 2003 APN: 063-180-019 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area.of expertise and jurisdiction. PROJECT DESCRIPTION: to rezone a parcel from TM-5 (Timber Mountain - 5 acre parcels) to TM-2-21 (Timber Mountain - 2-1 acre parcels) PROJECT LOCATION: at the end of Christina Drive, approximately 1,200 feet southwest of Forest Ranch Road, approximately 200 feet north of the intersection of Forest Ranch Road and Deer Creek Highway, Forest Ranch RECEIVE® County Supervisor District No: 3 APR 15 2003 ZONING: TM-5 (Timber Mountain, 5-acre parcels) COUNT�OF BUTTE GENERAL PLAN: LDR (Low Density Residential) LAND DEVELOPMENT Div If a response cannot be submitted prior to April 29, 2003, please call Craig Sanders at (530) 538-7603. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for August 14, 2003 before the: Fx I Planning Commission FIDevelopment Review Committee COMMENTS: (Please be specific. Letters or additional comments may be attached): f i� .,� �u IV- By: Date: A 7003 DEPARTMENT OF VELOPMENT SERVICES ��T rF PLANNING DIVISION o° \ 1 7 County Center Drive BUTTE ° _,. Oroville,CA 95965-3397 COUNTY c �, G Telephone: (530)538-7601 APR 18 2003 coUNt-1 FAX: (530)538-7785 DEVELOPMENT SERVICES TO: California Department of Forestry FROM: Craig Sanders, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: John McLaughlin, Rezone - REZ 03-03 DATE: April 15, 2003 APN: 063-180-019 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of-expertise and jurisdiction. PROJECT DESCRIPTION; to rezone a parcel from TM-5 (Timber Mountain - 5 acre parcels) to TM-2-1( Timber Mountain - 2 z acre parcels) PROJECT LOCATION: at the end of Christina Drive, approximately 1,200 feet southwest of Forest Ranch Road, approximately 200 feet north of the intersection.of Forest Ranch Road and Deer Creek Highway, Forest Ranch County Supervisor District No: 3 ZONING: TM-5 (Timber Mountain, 5-acre parcels) GENERAL PLAN: LDR (Low Density Residential) If a response cannot be submitted prior to April 29, 2003, please call Craig Sanders at (530) 538-7603. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for August 14, 2003 before the: Planning Commission Development Review Committee COMMENTS: (Please be specific. Letters or additional comments may be attached): ut � +r ie ci'h i c' cz � �;� .�$� i erRsnUrvices is- - ° ; t,;. dTi dor ere ro ec ion service. od v Vis' fia o titer By: Date: 2003 DEPARTMENT OF EVELOPMENT SERVICES PLANNING DIVISION !III °° 7 County Center Drive BUTTE ° - /�_ o Oroville, CA 95965-3397 COUNTY °- `� '' ° Telephone: (530)538-7601 FAX: (530)538-7785 APR i 8 2003 COU N'�y EVELOPMENT TO: Agricultural Commissioner FROM: Craig Sanders, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application' APPLICANT: John McLaughlin, Rezone - REZ 03-03 DATE: April 15, 2003 APN: 063-180-019 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to .recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: to rezone a parcel from TM-5 (Timber Mountain - 5 acre parcels) to TM-2 z (Timber Mountain - 2 i acre parcels) PROJECT LOCATION: at the end of Christina Drive, approximately 1,200 feet southwest of Forest Ranch Road, approximately 200 feet north of the intersection of Forest Ranch Road and Deer Creek Highway, Forest Ranch County Supervisor District No: 3 ZONING: TM-5 (Timber Mountain, 5-acre parcels) GENERAL PLAN: LDR (Low Density Residential) If a response cannot be submitted prior to April 29, 2003, please call Craig Sanders at (530) 538-7603. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for August 14, 2003 before the: Fx—] Planning Commission F1 Development Review Committee COMMENTS: (Please be specific. Letters or additional comments may be attached): w By � � QDate: a 0-7 y: •F� X41 -� -_.- DEPARTMENT OF R VELOPMENT SERVICES ��TTF PLANNING DIVISION °° IIII1 °° 7 County Center Drive LAFCO o � o Oroville,CA 95965-3397 0' o Telephone: (530) 538-7601 17 2��3 COU N'�y FAX: (530) 538-7785 APR liform BUTTE TO: LAFCo IFCOUNTY FROM: Craig Sanders, Butte County Planning Division MY b 200 SUBJECT: Request for Comments on'a Development/Land Use Application APPLICANT: John McLaughlin, Rezone - REZ 03-03 DEV LOPMEN DATE: April 15, 2003 SERVICES •APN: 063-180-019 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: to rezone a parcel from TM-5 (Timber Mountain - 5 acre parcels) to TM-2-21 (Timber Mountain - 2.1 acre parcels) PROJECT LOCATION: at the end of Christina Drive, approximately 1,200 feet southwest of Forest Ranch Road, approximately 200 feet north of the intersection of Forest Ranch Road and Deer Creek Highway, Forest Ranch County Supervisor District No: 3 ZONING: TM-5 (Timber Mountain, 5-acre parcels) GENERAL PLAN: LDR (Low Density Residential) If a response cannot be submitted prior to April 29, 2003, please call Craig Sanders at (530) 538-7603. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for August 14, 2003 before the: fx� Planning Commission Development Review Committee Ole COMMENTS: (Please be specific. Letters or additional comments may be attached): i, M,,,P,4. 4 I ND (f 6.,u cc,e,v1 7. C.v. �. I IM{ e By; S t_v cn s Date: 4 29•07 Sent By:: BUTTE M ENVIRONMENTALHEALTH; 530 895 6512; Apr-28-03 4:25PM; Page 1/1 DEPARTMENT OF DEVELOPMENT SERVICES •�T rF PLANNING DIVISION 9 ° - 7 Comiry Center Drive _flvironmental Health ° Oroville,CA 95965-3397 ° ' Telephone:(530)538.7601 APR 18 2003 0 4OIIJ 0 FAX:(530)538-7785 Chico, Califomia Environmental Health 'rD Craig Sanders, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: John McLaughlin, Rezone - REZ 03-03 DATE: April 15, 2003 ' APN: 063-180-019 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your ogenc'y's/department's area of expertise and jurisdiction. PROJECT DE5CRIPTION: to rezone a parcel from TM-5 (Timber Mountain- 5 acre parcels)to TM-2}(Timber Mountain- 21 acre parcels) PROJECT,LOCATION: at the end of Christina Drive, approximately 1,200 feet southwest of Forest Ranch Road, approximately 200 feet north of the intersection of Forest Ranch Road and Deer Creek Highway,Forest Ranch County Supervisor District No: 3 ZONING: TM-5(Timber Mountain,5-acre parcels) GENERAL PLAN: LDR(Low Density Residential) if a response cannot be submitted prior to April 29, 2003, please call Craig 5anders at (530) 538-7603. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for August 14, 2003 before the: FlPlanning Commission a Development Review Committee COMMENTS: (Please be specific. Letters or additional comments may be attached). WA By: Date: 4- 00�&v lif� AP 063-180-019 John McLaughlin REZ 03-03 ---------- --------------------- --- ----- -------------------- 1 I i ---- 1 I --------------- 1 . 1 I ------- ` 1 1 t f I -1 I 11 1 - I 1 ! 1 1 I 1♦ I 1 1 I 1 1 � 1 I i ♦ 1 • _ 1 1 1 I 1 I 1 1 � r � 1 1 � I 1 1 1 l l 1 I-------- I 1 1 ---- Mailing List Distribution 1 I 1 I 1 I 1 1 1 1 1 ^C�� {yvff,A.}v,:'•}'4'ti`$�•tii`v.:, :�.,t�'•�T•:� snip" v }}}{1 •{�rr.:l.: J�:f� :3f}//{:�'/� ::((v�.l:}fi/r//~��%F kfiQ4' N '•'p ^rr''• AY{}'r•:r M. f3A�33ff'k•::k::l•.•:::�u#�r}itd:..-.�:> T/,��:36.}fQi'fkctfi-• _ _ J� 4th �' ':fC+ ?• 5i .rr.;jt�� },3rf } ,. \}{:,';:}. {k n< }Y it r'�;f:r;r r�Yr '•�'r�•.#i .t 4 4a::�%{£ir:',ct>:ty,•a !ct'�?CE�•:�'�?�xy3L?#. {}k .1 ,' ,, •{;. �',,ht};{�:J�:f.{y 'C:::� n�'`+r'} {vYj:taii�r,•�C4:'f3 v�i i'+0.\�•ky;{�:�K{:vf'}^C�' ���•.•','v�rr:+:'��r' k'n`077�-�r: 4� }i•. 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'.� 1 .s,rj,,:::''•rrvci :nr:�'',.• v'::?S:A fA. .. �< ';. •i;vti •:{<ti•:•i .�1y�;x,:i't$� ki'$Ci•�: 4 � ;y;.+�'•i•:. �.5 �••$vt v of :•7i: r!C� .vk. 1• r�$• K ::qtr:•rr :-r`.tx".•^r:.a � �:::%isiii>;?. :•.'::ii`: ;;i;'?'ri::9;::9;:;:>s�: E�� 5 _ ___ _ �..M Y!!.+,MYMM,Mr44�}tiiiti w:4�:,��;w;�ir<:,:�:22::•r,:j;:2;j{ I s i ®®: ... 11 1 70011 2100 28W 3500 4200 4900 BUTTE COUNTY PLANNING / I I Applicant: J1 1McLaughlin Existing Zone: TM-5(Timber Mountain,5 acre minimum) N Supervisorial Request: onfton TM-5 to TM-2.5(Timber Mountain, minimum). 1 1 Assessor Parcel No: 063-180-019 1 1 1 LEAD IN SHEET FILE NO: REZ 03-03 AP# 063-180-019 APPLICANT: John McLaughlin, P. 0. Box 52, Forest Ranch, CA 95942 'PHONE#: : (530) 342-5359 OWNER: John McLaughlin } REPRESENTATIVE: Northstar Engineering 20 Declaration Drive Chico, CA 95973 REQUEST: to rezone a parcel from TM-5 (Timber Mountain-5 acre parcels) to TM-2 1/2 (Timber Mountain-2 1/2 acre parcels) .SIZE: 10.04 acres LOCATION: at the end of Christina Drive, approximately 1,200 feet southwest of Forest Ranch Road, approximately 200 feet north of the intersection of Forest Ranch Road and Deer Creek Highway, Forest Ranch SUPERVISORIAL DISTRICT# 3 EXISTING ZONING: TM-5 (Timber Mountain, 5-acre parcels) ZONING HISTORY: SURROUNDING ZONING: { SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: LDR (Low Density Residential) APPLICABLE REGULATIONS: ASSIGNED PLANNER: Craig Sanders Date Application Received 04/04/03 Date Project Assigned 04/04/03 30 Day Complete 05/05/03 Preset Hearing Date 08/14/03 "DRAFT" LEAD IN SHEET FILE N0: - ��Z 3 - 3 AP# l0 3 - ��O o i l APPLICANT: OWNER: )a\k tQ REPRESENTATIVE: PROPOSED REQUEST: (to be filled out by person taking in application) •7a A- PAAcvz r-Aom Tvj'I-S CTIMSax Ivou.,77-,-IJ 'AeX&- FINAL REQUEST: (to be filled out by project planner) SIZE: LOCATION: Az 7H-C ENO 01= CNtzts rr fJ.1- DgtUC, APPP0wr4z A Fz--z Y /d oy Fc-z-T nuT41wL�-r �� Fosr r�r��ct! JAD . /FPPA-�k�ovt �� ago >-E4c t�7 is/�s�c.Tro r i of i a2C-Sr-1ZA1VCbl ZeAy AA4) CAJ:- k H1CY/u.A-14 SUPERVISORAL DISTRICT# .3 EXISTING ZONING: GENERAL PLAN DESIGNATION: ASSIGNED PLANNER: w"' ' PLANNERS INITIALS `. Date Application Received q11(103 Date Project Assigned q1q 103 30 Day Complete Preset Hearing Date s NORTHSTAR ENGINEERING ENGINEERS - PLANNERS - SURVEYORS TRANSMITTAL SHEET TO: FROM: Carl Durling Rick Rodriguez COMPANY: DATE: PLANNING 4/04/03 ADDRESS: JOB NUMBER: 7 County Center Drive 8152 TRANSMITTING THE FOLLOWING: Oroville, CA Rezone Application PROJECT: McLaughlin Rezone ❑ FOR APPROVAL❑FOR INFO. ❑FOR CHECKINGFOR PROCESSING❑ FOR YOUR FILES NOTES/COMMENTS: Carl, Attached is the revised review and processing are: 1. Rezone Application w/Agent Authorization i 2. Environmental Info Form 3. Title report 4. Copies of plat - 15 5. Check# 1169 Please proceed. 20 DECLARATION DRIVE CHICO, CALIFORNIA 95973 TELEPHONE (530) 893-1600 FAX (530) 893=2113 r a COMMENT DISTRIBUTION LIST r County Offices and Cities: Chief Administrative Officer X Develop.Services Director X Public Works Director X Environmental Health X Assesor _Building Manager Sheriff _BCAG _ALUC X LAFCo _Air Quality Mgmt. _Butte Co. Farm Bureau Biggs _Gridley _Chico _Oroville _Paradise Chico Airport Commission Information Systems Dept. _Animal Control X Agricultural Commission X County Counsel Irrigation District: Butte Water —Biggs/W.Gridley Water _Durham Irrigation _OWID _Paradise Irrigation _Richvale Irrigation, _Table Mountain Irrigation _Thermalito Irrigation _Other ' Domestic Water _Butte Water District California Water Service Co. _Del Oro Water Co. _OWID _Thermalito Irrigation District _Other Sewer ' _Butte Water District _Themalito Irrigation _Sterling City Sewer Main Skansen Subdivision(CSA 21) _L.O.A.PUD Fire Protection X California Department of Forestry _EI Medio Fire Protection District Recreation Districts _Chico Area Recreation _Durham Area Recreation _Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks Utilities _PG&E North-Chico _Chambers Cable TV _Pacific Bell PG&E South-Oroville Viacom Cable TV State Agencies _CalTrans(Traffic) _Dept.of Water Resources Dept.of Fish and Game _Forestry(Attn:Craig Carter) _Dept of Parks and Rec. _Highway Patrol _Central Reg.Water Quality Cont. _Caltrans,Aeronautics Program _Off.of Governmental&Env.Relations _Department of Conservation _Off.of Mining Reclamation Dept.Social Services,Comm.Care Licensing Federal Agencies _US Forest Service _US Bureau of Land Management _US Fish&Wildlife Service -Army Corps of Engineers _National Marine Fisheries Sservice Other Districts,Agencies,Committees,etc. Lime Saddle Dist _Community Association School Districts Drainage _Butte Env.]Council r' _Reclamation _Cal Native Plant Society 164 - _Butte Co.Mining Committee -7—Forest Ranch Community Assoc. _Paradise Pines Com. Assoc. _Butte Ck.Watershed Conservancy _Mosq.Abatement.Oroville/Butte Cc K:\Planning\Forms\DISTR.wF i DEPARTMENT OF DEVELOPMENT SERVICES �, PLANNING DIVISION °° v\I II,I�F 7 County Center Drive ° _ Oroville,CA 95965-3397 °° - ° Telephone: (530) 538-7601 cOUN'�y FAX: (530) 538-7785 TO: FROM: Craig Sanders, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: John McLaughlin, Rezone - REZ 03-03 DATE: April 15, 2003 APN: 063-180-019 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: to rezone a parcel from TM-5 (Timber Mountain - 5 acre parcels) to TM-2-1 (Timber Mountain - 2-L acre parcels) PROJECT LOCATION: at the end of Christina Drive, approximately 1,200 feet southwest of Forest Ranch Road, approximately 200 feet north of the intersection of Forest Ranch Road and Deer Creek Highway, Forest Ranch County Supervisor District No: 3 ZONING: TM-5 (Timber Mountain, 5-acre parcels) GENERAL PLAN: LDR (Low Density Residential) If a response cannot be submitted prior to April 29, 2003, please call Craig Sanders at (530) 538-7603. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled .for August 14, 2003 before the:Fx_1 + Planning Commission Development Review Committee COMMENTS: (Please be specific. Letters or additional comments may be attached): By:. Date: ` Page 1 of 1 Sanders, Craig From: Wannenmacher, Felix Sent: Tuesday, September 16, 2003 3:28 PM To: Sanders, Craig Subject: RE: McLaughlin I.S. revised Hi Craig, -1 have reviewed the initial study again. Some of my comments from 7/31/03 are still relevant. .I include them here: If you assume trees and shrubs will screen future homes,perhaps you should make maintaining them a mitigation. [under 4.1] Under 4.7,there is a mitigation,but no box is checked for a mitigation. Mitigation#7 does not make them clear brush although that is the reason for the mitigation. Here are new comments: Under 4.9, the third sentence, do you mean "maximum"? Also in the second paragraph, you could discuss the PUD better. It is hard to believe we set up a PUD on only 0.21 acres. Also,was there a plan. If you do not discuss it now, in the initial study, you will have to address it in the staff report. Under 4.11, there is a mitigation, but you did not check it in the 3.OA box. Felix -----Original Message----- From: Sanders, Craig Y Sent: Wednesday, September 10, 2003 9:44 AM To: Wannenmacher, Felix Subject: McLaughlin I.S. revised Felix,you have reviewed this I.S. once before. The main changes that were made are to Section 9. i 9/23/2003 - f 63- 18 PTN. SEC'S 5 & 6, T23N. 'R3E. M.D.B.&M. 1 :. 1.90Acc4, O 8 1.99Ac 1.47Ac FOREST 4 1 0 I.sw RAND! $ 4 tii � , o � � a� C'/Yly (ROAD) DRNE17 SCHOOL s.isAc zzzn ; 4.59Ac �OF 1 4.43Ac 16 T F�QC�F 1 r 8.87Ac ,y z 0.02Ac 149PAf34 743M ` DRrO 1 ----------- --------------- 2All ----- _ � h 10 10.04Ac i7 � 18 3 i9 4 � 1 8 0. 12 6.84Ac 6.91Ac 8 8 5.O fAc g S.O2Ac 8 = . 5.9GAc r , z YA S8a1r0 wo.ao araao 371.78 � � o0 N1 10 23w s MATED BY Ps ON 6-21-20W "0 Coup Assessor's Mop F RANCH 43 ILOJW 22 GC?.1976 11 REWW er 06 �n aw a-�2aoo a SI I�1 �f-0 ROLL 80ok , Pop 18 t . NWE Thm vwo+a. for «rr ow _ lbs Bulb a�Ofilm- anQ not ca�At 4�6 ! - • yrs 0 ��pp 09 I I I y I I I Q 1 I L OCA 770W MAP I NO SCALE I V I i ` I LEGEND 063-180-019 EXISTING ZONING BOUNDARY McLaughlin �(- ^/� --5 EXISTING ZONING 10.04 AC. P� 063-180-019 ASSESSORS PARCEL NUMBER Existing Zoning: TM-5 a�V Proposed Zoning: TM-2 1 ,/2 --- ---- EXISTING PARCEL LINE BUTTS COUNTY APF - 4 2003 PRINTED DEVELO PM-FINT APR 0 4 2003 SERVTCFS PLAT TO ACCOMPANY REZONE APPLICATION BEING PARCEL 4 per BOOK 149 of MAPS, at PAGE 34 -- 36. BUTTE COUNTY CALIFOR141A ._ for I - JOHN McLAUGHLIN SCALE: 1 - 100' P.O. BOX 52 FOREST RANCH, CA. NorthStarCIVIL ENGINEERS * PLANNERS * SURVEYORS 20 DECLARATION DRIVE * CHICO, CALIFORNIA 95973 ENGINEERING (530) 893-1600 Fax (530) EI93-2113 A.P.N. 063-180-011,9 FEBRUARY 2003 JOB No. 8152