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HomeMy WebLinkAboutREZ 93-22_PLANNING SEPARATOR SHEET PaoJERxUMaEa 9Fz 93 — 22 r . 1 I ROUTE SLIP Project Name: ��Z4 Assigned to: Reviewed by: $et "Paula Typist: First Check: Second Check: Final Check: Comments: 111173 PROJECT SUMMARY SHEET 93-22 BNo. cc e No. George Domon Ay-0,VIY\- applicant representative—� —T ADDRESS: 1847 Oro Chico Highway 543-7 61ajC. 01(ue Tv-w c Durham, CA 95938 PHONE: , Same property owner ADDRESS: r r PRO-7ECT DESCR=PT=OU.: Rezone from A-10. to A-5 on property zoned located on the east side of Butte Creek , north of Garden Road and south of Chico Oroville Highway identified as AP 040-080-023bow+ji/�&a: Durham 029 , 030 , 062 , 063 ; 040-100-011 GENERAL PLAN DESIGNATION ATE PRE-APP FEE PAID: $ 12 7 56 0 0 RECEIPT MMER: 13604 6/4/93/ APPLICATION ACCEPTED= FINAL APP. PAID: $ RECEIPT NUMBER: REZONING PETITION SIGNATURES CHECKED PERCENTAGE: 7. NAILING LIST PREPARED MAIL-OUT NOTICES WRITTEN 39 NOTICES MAILED NUMBER: LEGAL DESCRIPTION PREPARED PUBLICATION NOTICE WRITTEN DISPLAY AD PREPARED NEWSPAPER PUBLICATION 0 /C / P G B R DATE OF PUBLICATION: INITIAL STUDY PREPARED ll// ENVIRONMENTAL DETERMINATION: Categorical Exemption FILED: X Negative Declaration FILED: Mitigated Negative Declaration FILED: Environmental Impact Report CERTIFIED: Other: STAIE CLEARINGHOUSE NUMBER: APPLICANT/REPRESEII'TATIVE NOTIFICATION OF FIIVIRONMENTAL DETERMINATION PLANNING COMMISSION HEARING(s): ! I` 3 ` I• ft A set ®� BOARD OF SUPERVISORS' HEARING(s): � � � • • RESOLUTION NUMLIR (GPAs) ,T + x,:s ; # ADOPTED: ORDI!1AtICE 'OR-!BE.R ADOPTED: • �� , .. ..� u 4 i �', �1 I ' George Domon - proposed Negative Declaration regarding environmental impacts and Rezone from A-10 (Agricultural - 10 acre parcels) to A-5 (Agricultural - 5 acre parcels) for property located on the east 'side of Butte Creek, north of Garden Road and south of Chico Oroville Highway, identified as AP 040-080-023, 024, 029, 030, 062, 063, and 040-100-011, Durham. (File 93-22) (CBS) Staff gave a brief summary of the project. Chairman Ferguson asked how this project relates to the General Plan. Staff said the General Plan designation is Orchard and Field Crops which calls for 20 acre parcels or larger unless conditional findings are met. The findings have already been met for A-10 zoning, such as existing parcel size and ag viability. Hearing open to the public. Tom Wrinkle, of Sierra West Surveying, was present. He said that page 2 of the Staff Findings sums up the situation in stating, "These two areas of land represent the last remaining parcels that have the potential to be divided. " This property was recommended for 5 acre parcels by the Citizens Advisory Committee and the Planning Commission. A subdivision for 5 acre parcels was recently approved to the south. . The proposal meets the requirements for the General Plan. The Supervisor for the district has indicated that he supports 5 acre parcels for this area. The property has already been approved for a subdivision of 10 acre parcels. There is a subdivision for 5 acre parcels in the A-10 zone on the parcel just south of Domon's north parcel. In the Lott Road area there are parcels of 1, 2 and 5 acres. The Davis subdivision for 5 acre parcels was approved since the area was rezoned for 10 acre parcels.. Florence Dixon, a neighboring property owner, said the subject property is a beautiful almond ranch in the middle of an area that is fast becoming residential. She subdivided some property but found it difficult to find buyers who would make appropriate use of the land. She turned away buyers who wished to raise cattle or have a retail nursery. She had in mind stables and swimming pools. One buyer from the Los Gatos area created a beautiful place. The creation of 14 parcels would have a big impact on Ackerman Road, although it seems Domon has the right to subdivide. Many 5 acre parcels have been created in this area, although _it is not .BUTTE COUNTY PLANNING COMMISSION MINUTES - August 26, 1993 _ __. practical to farm 5 acres. She does not object to the subdivision,, but it will change the scene out there, and it should be realized that it is not a farm area any more unless the large acreage is protected, which is almost impossible. The other part of Lott Road is already one acre parcels. The proper zoning is really one acre- -not five acres. The parcels are very expensive and there is very little money left to build a home and landscape 5 acres. There are too many people involved to leave the almond trees on the parcels and contract someone to farm the almonds. Hearing closed to the public. Commissioner Lambert noted that there is a total of 94 acres involved--70 plus acres zoned for 10 acre parcels. Though surrounded by 5 acre parcels, it is still compatible uses with farming. Perhaps a mistake was made in allowing the 30 acres to the south to be 5 ares. Nothing can be done about the 5 acre parcels which were created prior to the Durham Dayton Nelson plan. Staff said that the map for 5 acre parcels which was denied by the Development Review Committee was approved on appeal by the Board of Supervisors because the application was made prior to the adoption of the A-10 zoning. The Board supported the vested right of the map. Commissioner Lambert said she would not support a rezone of the' property because it is viable for agriculture; it is an orchard in its prime and can continue surrounded by 5 acre parcels. Commissioner Ferguson asked why the zoning on the 64 acres was changed from A-5 to a-10. Commissioner Lambert thought that ' might be because of the large amount of acreage under one ownership. Staff said- that there was considerable public input at the Board hearing in favor of the continuation of agricultural activity in this area, supporting A-10 zoning. Commissioner Lambert thought that the correct zoning should be A-10 or larger, which was the first recommendation of the Planning Commission. The recommendation was compromised down to 5 acres. Commissioner Sessions suggested that this applicant should have the same right to subdivide into 5 acre parcels like the others. Commissioner Lambert said that the applicant had the opportunity to divide the property into 5 acre parcels during the 6 years prior to adoption of the Durham Dayton Nelson Plan, as did the others. Commissioner Ferguson felt that it would be necessary to have good reasons to change the zoning, and he does not have any. y BUTTE COUNTY PLANNING COMMISSION MINUTES — August -26, 1993 T Commissioner Nelson said the only reason would be because the other property owners have created 5 acre parcels. There was no motion to approve the application. It was moved by Commissioner Lambert, seconded by Commissioner Nelson, and carried A. Noting that the requirements of CEQA have been completed and considered in making this decision; and B. Finding that the rezone does not conform to the policies, including the text and map of the Butte County General Plan, because of local desires and the agricultural viability of approximately 90 acres of prime agricultural soil which will be severely impacted; to C. Deny the rezone from A-10 to A-5 (George Domon) on APs 040- 080-023, 024, 029, & 030, and 040-100-011 & 012. AYES: Commissioners Lambert, Ferguson, Nelson and Chairman Lynch NOES: No one ABSENT: No one ABSTAINED: Commissioner Sessions BUTTE COUNTY PLANNING COMMISSION MINUTES - August 26,__1993 n ,W t � r i i, 1 y� r R a APPLICATION FOR REZONING �nt^e�� BUTTE COUNTY PLANNING COMMISSION JW.0 14 M APPLICANT: Read and follow instructions set forth on last page of this form. �cavt�te,t �t� �a Applicant's Name 6 'PO/"DA,) Phone No. Applicant's Mailing Address �, 7-7 0 , ,fl!7� �y Ap.pIicant''s Interest in property(Owner, Lessee, Other) Owner's Name and Address Contact Person for Project(if other than applicant4L6 Assessor's Parcel Number(s) —rX400 ?—Z3V0��, 1 / Present Zoning / I Requested Zoning �— ZvXf Z Location,dimensions and size of area(s)to be rezoned �6E fllC� r, a E~ Z Street Address(if applicable) U :i Directions for travel to property(rural and mountainous areas only) a . a Applicant's reasons for rezoning Proposed scheduling/Associated projects(formation of service district,etc.) / M-ol"W Anticipated incremental development(future development plans subsequent to rezone): Existing/proposed'sewage disposal method: .SEP71 �- '-? D� .Si i Proximity of power and phon Ines Distance to natural water,course or storm drain: OA.--1 e i' 1 Describe anticipated on and off-site drainage improvements(PUD, MHP): 1 r!•i- Describe how on-site and downstream drainage channels will be affected (PUD, MHP): /`� Water source: GtJtLLS Proximity of water for fire fighting purposes(hydrants, ponds,etc.) �rJi�'ffri�j Will excavation or grading be necessary? Cubic yards(estimate)? List and describe and other related permits and other public approvals required for this project, including those required by city,regional, State and Federal agencies: Nowt Z a a s If residential, include the number of units, whether units are single or multi-story in height, schedule of 1•, unit sizes, and type of household size expected. Z Q U a p. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of a" sales area, and loading facilities If industrial,indicate type,estimated employment per shift,and loading facilities. If institutional indicate the major function, estimated employment per shift, estimated occupancy, loading facilities,and community benefits to be derived from the project. ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES Identify potentially significant environmental impacts associated with the rezone. What project.design features or special conditions of approval (mitigation measures) are proposejd to alleviate potential environmental impacts? /l)DA.At 640440W—Mt r-"444�+C-S 2 • 1 ENVIRONMENTAL SETTING Describe the project site as it exists before the project, including information on topgraphy, soil stability, plants and animals, and any cultural,historical and scenic aspects. Describe any existing structures on the site, and the use of the structures. pp-i-44 o ti 02c.rFrtvt_D - X000 0 S0 t c Z 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, Zsetback,rear yard,etc.). a C6 C I.hereby declare under penalty of perjury that I have read and understand the instructions and that the foregoing statements are true,complete and correct to the best of my knowledge and belief. Dated: Applicant's Signature Q Dated: Property owner's signature Project File Number ,tea General Plan Designation Request Consistent? Z O Request: Rezone to - W Location and size of parcel(s) W ' W O Ijg Verify: A.P. Number(s) Location Description ra Z Ownership Legal Description of Area O W Proof of Agency(if needed) Maps of Area/Development to Plan for PUD's W Present Zoning V Reproducible Master Map of (s. Development Plan(PUD's only) Date of Application received G'— $ 12.25 Receipt No. Application Taken By Le 4 M Form No. 1068-1 (Rev. 1/92) Exhibit A to Preliminary Report gT AMERI Preliminary Report Mid Valley Title and Escrow Co. Chico — Oroville — Paradise Affiliated With First American Title Insurance Company Planning Department JUN n 4 1"3. _ Orovillo,California EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 4 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1990 "SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.Proceedings by a public agency which may result in taxes or assessments,or notice of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests of claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. ` 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c) are shown by the public records. ' EXCWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected an the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable "doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability,of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. 2.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 4-6-90) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character, dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant;(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy;or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws. 3.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 4-6-90) WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or mat etofore or hereafter furnished,imposed by law and not shown by the ecords. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. B.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY- 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but no:limited to building and zoning laws,ordinaces,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimard; (b) not known to the Company,not recorded in the public records EI Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws. 9.AMERICAN LAND TITLE ASSOCIATION OWNER POLICY- 1990 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens ty the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 10.AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987 EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • land use land division • improvements on the land environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 12. The right to take the land by condemning it,unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared in the public records • that result in no foss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A,or • in,streets,alleys,or waterways that U rr land- This exclusion does not limit the access coverage in I f Covered Title Risks. - _ MERICAN LAND TITLE ASSOCIATION LOAN POLIC _ 970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 4-6-90) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character, dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. ` 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or.agreed to by the insured claimant,(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable"doing business"laws of the state in which the land is situated. 5. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 (AMENDED 4-6-90) WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien;for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 6.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1990 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSION&FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Dale of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable "doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws. 7.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1990 WITH REGIONAL EXCEPTIONS When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. w ORDER NO. BU-129679 CB MID VALLEY TITLE & ESCROW COMPANY SUBDIVISION MAP FILING REPORT POST OFFICE BOX 3039 601 MAIN STREET CHICO, CALIFORNIA 95928 TELEPHONE (916) 893-5644 ALL POLICIES OF TITLE INSURANCE ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY (4) YOUR NO. ESCROW OFFICER: CAROL BIRD RE: DOMON IN RESPONSE TO AN APPLICATION FOR A POLICY OF TITLE INSURANCE, THE ISSUING AGENT, BRANCH OR SUBSIDIARY OF FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION, DESIGNATED HEREIN AS "ISSUING OFFICE" HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. 1. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 OR 1987 (AMENDED 4-6-90) 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 3 . AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 OR 1987 (AMENDED 4-6-90) 4 . CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR .TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF JULY 29,.• 1992, AT 7:30 A.M. ROGER BUTTON, CHIEF TITLE OFFICER PAGE 1 u ORDER NO. BU-129679 CB i TITLE OF SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: THE HEIRS AND/OR DEVISEES OF NORMAN Y. DOMON, DECEASED, SUBJECT- TO THE ADMINISTRATION OF THE ESTATE OF SAID DECEDENT, AS TO AN UNDIVIDED 1/2 INTEREST; AND GEORGE DOMON, A SINGLE MAN, AS TO AN UNDIVIDED 1/2 INTEREST THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 1992-93, A LIEN, BUT NOT YET DUE OR PAYABLE. 2 . ESCAPED ASSESSMENTS 1ST INSTALLMENT: $132.56, DUE 12/10/92 2ND INSTALLMENT: $132. 56, DUE 4/12/93 AP# 040-080-029-000-89 1ST INSTALLMENT: $121.84, DUE 12/10/92 2ND INSTALLMENT: $121.84, DUE 4/12/93 AP# 040-080-029-000-90 1ST INSTALLMENT: $403.20, DUE 12/10/92 2ND INSTALLMENT: $403 .20, DUE 4/12/93 AP# 040-080-029-000-91 i 1ST INSTALLMENT: $45. 62, DUE 12/10/92 2ND INSTALLMENT: $45. 62, DUE 4/12/93 AP# 040-080-030-000-91 1ST INSTALLMENT: $219 . 35, DUE 12/10/92 2ND INSTALLMENT: $219 . 35, DUE 4/12/93 AP# 040-100-011-000-88 1ST INSTALLMENT: $212. 00, DUE 12/10/92 2ND INSTALLMENT: $212 .00, DUE 4/12/93 AP# 040-100-011-000-89 1ST INSTALLMENT: $194 .86, DUE 12/10/92 2ND INSTALLMENT: $194 .86, DUE 4/12/93 AP# 040-100-011-000-90 CONTINUED PAGE 2 r ORDER NO. BU-129679 CB ITEM NO. 2-CONTINUED 1ST INSTALLMENT: $557. 19, DUE 12/10/92 2ND INSTALLMENT: $557.19, DUE 4/12/93 AP# 040-100-011-000-91 3. ANY CITY OR COUNTY TAXES WHICH MAY BE LEVIED AGAINST SAID LAND BY REASON OF THE FACT THAT THE HEREIN DESCRIBED LAND WAS NOT INCLUDED ON THE BUTTE COUNTY TAX ASSESSOR'S ROLL FOR THE FISCAL YEAR OF 1991-92, AND PRIOR YEARS. 4. 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. 5. THE POSSIBLE RIGHTS OF THE PUBLIC TO THE USE AND ENJOYMENT OF THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN THE CONFINES OF BUTTE CREEK. 6. A PERPETUAL EASEMENT AND RIGHT OF WAY AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES FOR: TO CONSTRUCT AND OPERATE A FLOOD CONTROL WORKS IN BUTTE CREEK, AND OTHER INCIDENTALS THERETO RECORDED: JULY 30, 1959, IN BOOK 1011, PAGE 187, OFFICIAL RECORDS. THE EXACT ROUTE OR LOCATION OF SAID EASEMENT IS NOT DEFINED OF RECORD AND MAY OR MAY NOT AFFECT THE HEREIN DESCRIBED PROPERTY. 7 . THE REQUIREMENT THAT THERE BE RECORDED IN THE OFFICE OF THE COUNTY RECORDER A CERTIFIED COPY OF THE FINAL DECREE OF DISTRIBUTION AND RELEASE OF INHERITANCE TAX OR ORDER CONFIRMING SALE OF NORMAN Y. DOMON, DECEASED. PROBATE PROCEEDINGS PENDING IN THE SUPERIOR COURT, STATE OF CALIFORNIA, COUNTY OF BUTTE. 8 . IT WILL BE NECESSARY THAT THE SPOUSE OF THE VESTEE, - IF MARRIED, SIGN ALL DOCUMENTS (OR EXECUTE - A DEED) IN ORDER TO ELIMINATE THEIR COMMUNITY INTEREST. CONTINUED PAGE 3 ORDER NO. BU-129679 CB TAX NOTE: GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 1991- 92, 1ST INSTALLMENT: $443 .23, PAID. 2ND INSTALLMENT: $443 .23, PAID. EXEMPTION: $-0- ASSESSED: SEPARATELY AP# 040-080-029-000 CODE AREA 070-013 1ST INSTALLMENT: $-0-, PAID. 2ND INSTALLMENT: $-0-, PAID. EXEMPTION: $-0- ASSESSED: SEPARATELY AP# 040-080-030-000 CODE AREA 070-001 1ST INSTALLMENT: $1,564.40, PAID. 2ND INSTALLMENT: $1,564.40, PAID. EXEMPTION: $-0- ASSESSED: SEPARATELY AP# 040-100-011-000 CODE AREA 070-013 INFORMATION NOTE: NO KNOWN MATTERS OTHERWISE APPROPRIATE TO BE SHOWN HAVE BEEN DELETED FROM THIS REPORT, WHICH IS NOT A POLICY OF TITLE INSURANCE, BUT A REPORT TO FACILITATE THE ISSUANCE OF A POLICY OF TITLE INSURANCE. FOR PURPOSES OF POLICY ISSUANCE, -0- ITEMS MAY BE ELIMINATED ON THE BASIS OF AN INDEMNITY AGREEMENT OR OTHER AGREEMENT SATISFACTORY TO THE COMPANY AS INSURER. AL:TR AUGUST 12, 1992 (STR-NO) PAGE 4 ORDER NO. BU-129679 CB DESCRIPTION: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, DESCRIBED AS FOLLOWS: PARCEL I• LOT 7, AS SHOWN• ON THAT CERTAIN MAP ENTITLED, "THE ACKERMAN FIRST SUBDIVISION", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA; ON NOVEMBER 16, 1894, IN BOOK 2 OF MAPS, AT PAGE(S) 193 . PARCEL I-A• THE SOUTH HALF OF THAT PORTION OF ACKERMAN AVENUE LYING WESTERLY OF THE WESTERLY LINE OF LOT 6, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "THE ACKERMAN FIRST SUBDIVISION", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON NOVEMBER 16, 1894, IN BOOK 2 OF MAPS, AT PAGE(S) 193, AS ABANDONED BY RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, A CERTIFIED COPY OF SAID RESOLUTION HAVING BEEN RECORDED MARCH 24, 1971, IN BOOK 1665, PAGE 232, OFFICIAL RECORDS. PARCEL II: FARM ALLOTMENT NO. 64, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "SUBDIVISIONAL PLAN OF THE DURHAM STATE LAND SETTLEMENT" , WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON FEBRUARY 13, 1919, IN BOOK 8 OF MAPS, AT PAGE(S) 23 AND 24. . PAGE 5 TRACT T 2/N• R.2E" �F M.D.B.AM, 40-08 ACKERMAN .�♦CyiC0 r y�c j i p 2.077 i J312 W 1"=400' 48 • 4 In 47 24 /I 51 1 x16.ncY+ I.N. 0./d AC 1 I 2 I i . n ♦ Rnl ro prn2 Oma i b 0 cn.a s.zr.Ac „ � O t © l3Be. a N a9 e (13 N 53 W W 79 (2J .n J6.03 AC O 4 v S.T-AC o- O O T O I m _0 O i Q 26 b PM70.82 797.44 400i ; ma p- € `O 299A[ lYd7 Ci Ec � oE p 0 0 2Y3 N ^ O -- W (D C j // v G lB.37Ac. U CO0 0✓ I _ 1936.391 C C I 229 211.66 362 3321 - 335 380 09 551) O Ctl Q-CJo t 5N SN I u 4 9 3 _ T ——� 418.'46 I . .e O I N 67 66 68 n 64 >. _ Gl 69 68 I u r n u 33 �O O >'� � P PCL 4 2,46AC 3.70AC 1 5.OIAC m I :� S.OIA 3.3 Aa 572.42 �1 e e o. AC 60 I ! C O/XON RANCH $UB 411.13 4 16.17AC. cric O 1i E ... � 4.32AC 56 11 �� C -p CO "'- 101.61 PM 7-17 li 1$ 261.016 335 all Cl) O C E 7 S-4 - ----_ -- ----J-- .75-- A(:K£RMAN (1) O — / 4/ 35 i 128824 E O O JO/ .o ® A C. I I 54 WAC.L1�- d .� (Si 3.5s E c0 O O 7cL eea. 14s.o o O/s/sx. N fn 2 C to N U .� I e Q CL Z .9c / o PO IAC Ij 92 WO � Y"'� Iiroot Assessors Mop No. 40-08 II l County of Butte,CA. Ffol March,1953 21 E c CrOH u 00sop I 00'et? 00'ff2 r 05 "tz Z ZP 10 oaf0 I W, U.N u 00 of 10 c.,rr2 '03, ks C; vo..; oozoe -vff.-k 6 fD ,--,-i i-9,g 9 In w.9" bo. 10, n lo' h M Dai 10 o' m m z, 90,19t, or Z of CON 06 lJ r\j zliz, 14 l4j j C4 >1 -dew siql uodn eoumlej woil linsai hew qoiqm 062wsp Jo ssol P@6,glle jol fq!l!qeil Aue swielosip Alssaid -xa Auedwoo mOJ3s3 PuB 011il A0118A PM 'Papdap shoo -jed jo leoied aqj to uoiliaool jejeueB 941 of uollejuallo ueLil jeqlo esodind Aue jol.11 uodn Atei jou pinoqs noA uo9jet4 o9joldep puel sqj jo Aejuns ia eq jou A-ew jo A-ew dew sit4l C, ZE O Iwo _wv" Form No. 1068-1 (Rev. 1/92) Exhibit A to Preliminary Report . t z AMER , C, 9 Preliminary Report , Mid Valley Title and Escrow Co. Chico — Oroville — Paradise Affiliated With First American Title Insurance Company Planning0aPailmot JUN n 4 1493 Q►ovdlle,C$llfctrnl EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) ` 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.Proceedings by a public agency which may result in taxes or assessments,or notice of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests of claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c) are shown by the public records. EXCWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable 'doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. 2.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (AMENDED 4-6-90) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character, dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant;(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy;or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 4-6-90) WITH REGIONAL EXCEPTIONS When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B h)is policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor oi•mat ietofore or hereafter furnished,imposed by law and not shown by the ecords. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,allorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not show.i as existing liens by the records of any taxing authority that levies taxes or assessments on real property or-by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct.survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to Hater. 6. Any lien,or right to a lien,for services,labor or material Mretofore or hereafter furnished,imposed by law and not shown by the public records. B.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY- 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of th s policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinates,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purct:aser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: . (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws. 9.AMERICAN LAND TITLE ASSOCIATION OWNER POLICY-1990 WITH REGIONAL EXCEPTIONS When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against foss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: NO One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and'which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY- 1987 EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • land use land division • improvements on the land environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: • a notice of exercising the'right appears in the public records on the Policy Date • the taking happened prior to the Policy Dale and is binding on you if you bought the land without knowing of the taking. 3." Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title atter the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A,or • in,streets,alleys,or waterways IM tg K.land .,. This exclusion does not limit the access coverage in I if Covered Title Risks. rMERICAN LAND TITLE ASSOCIATION LOAN POLI[ 970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 4-6-90) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character, dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant,(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy.or of any subsequent owner of the indebtedness to comply with applicable"doing business"laws of the state in which the land is situated. 5. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws. 5.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 (AMENDED 4-6-90) WITH REGIONAL EXCEPTIONS When the American land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two fallowing: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 6.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1990 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable "doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Dale of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1990 WITH REGIONAL EXCEPTIONS When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. ORDER NO. BU-129678 CB MID VALLEY TITLE & ESCROW COMPANY SUBDIVISION MAP FILING REPORT POST OFFICE BOX 3039 601 MAIN STREET CHICO, CALIFORNIA 95928 TELEPHONE (916) 893-5644 ALL POLICIES OF TITLE INSURANCE ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY (4) YOUR NO. ESCROW OFFICER: CAROL BIRD RE: DOMON IN RESPONSE TO AN APPLICATION FOR A POLICY OF TITLE INSURANCE, THE ISSUING AGENT, BRANCH OR SUBSIDIARY OF FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION, DESIGNATED HEREIN AS "ISSUING OFFICE" HEREBY .REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. 1. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 OR 1987 (AMENDED 4-6-90) 2 . AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 3 . AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 OR 1987 (AMENDED 4-6-90) 4. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR .TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF JULY 29,.• 1992, AT 7:30 A.M. Qul� ROGER BUTTON, CHIEF TITLE OFFICER PAGE 1 1 1 , ORDER NO. BU-129678 CB TITLE OF SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: THE HEIRS AND/OR DEVISEES OF NORMAN Y. DOMON, DECEASED, SUBJECT TO THE ADMINISTRATION OF THE ESTATE OF SAID DECEDENT, AS TO AN UNDIVIDED 1/2 INTEREST; AND GEORGE DOMON, A SINGLE MAN, AS TO AN UNDIVIDED 1/2 INTEREST THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY .FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 1992-93, A LIEN, BUT NOT YET DUE OR PAYABLE. 2. ESCAPED ASSESSMENTS 1ST INSTALLMENT: $87.56, DUE 12/10/92 2ND INSTALLMENT: $87 .56, DUE 4/12/93 AP# 040-080-023-000-91 1ST INSTALLMENT: $46.55, DUE 12/10/92 2ND INSTALLMENT: $46.55, DUE 4/12/93 AP# 040-080-062-000-91 1ST INSTALLMENT: $138.20, DUE 12/10/92 2ND INSTALLMENT: $138.20, DUE 4/12/92 AP# 040-080-063-000-88 1ST INSTALLMENT: $130.25, DUE 12/10/92 2ND INSTALLMENT: $130.25, DUE 4/12/93 AP# 040-080-063-000-89 1ST INSTALLMENT: $121.22 , DUE 12/10/92 2ND INSTALLMENT: $121. 22 , DUE 4/12/93 AP# 040-080-063-000-90 1ST INSTALLMENT: $424 . 45, DUE 12/10/92 2ND INSTALLMENT: $424 . 45, DUE 4/12/93 AP# 040-080-063-000-91 CONTINUED PAGE 2 ORDER NO. BU-129678 CB 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 POSSIBLE RIGHTS OF THE PUBLIC TO THE USE AND ENJOYMENT OF THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN THE 'CONFINES OF BUTTE CREEK. 5. A PERPETUAL EASEMENT AND RIGHT OF WAY AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES FOR: TO CONSTRUCT AND OPERATE A FLOOD CONTROL WORKS IN BUTTE CREEK, AND OTHER INCIDENTALS THERETO -RECORDED: MARCH ' 10, 1959, IN. BOOK 987, PAGE 153, OFFICIAL RECORDS. . THE EXACT ROUTE OR LOCATION OF SAID EASEMENT IS NOT DEFINED OF RECORD AND MAY OR MAY NOT AFFECT THE HEREIN DESCRIBED PROPERTY. 6. THE REQUIREMENT THAT THERE BE RECORDED IN THE OFFICE OF THE COUNTY RECORDER A CERTIFIED COPY OF THE FINAL DECREE OF DISTRIBUTION AND RELEASE OF INHERITANCE 'TAX OR ORDER CONFIRMING SALE OF NORMAN Y. DOMON, DECEASED. PROBATE PROCEEDINGS PENDING IN THE SUPERIOR COURT, STATE OF CALIFORNIA, COUNTY OF BUTTE. 7. IT WILL BE NECESSARY THAT THE SPOUSE OF THE VESTEE, IF MARRIED, SIGN ALL DOCUMENTS (OR EXECUTE A DEED) IN ORDER TO ELIMINATE THEIR COMMUNITY INTEREST. TAX NOTE: GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 1991- 92 , 1ST INSTALLMENT: $150. 87, PAID. 2ND INSTALLMENT: $150. 87, PAID. EXEMPTION: $_o_ ASSESSED: SEPARATELY AP# 040-080-023-000 CODE AREA 070-013 CONTINUED PAGE 3 I ' ORDER NO. BU-129678 CB TAX NOTE - CONTINUED 1ST INSTALLMENT: $-0-, PAID. 2ND INSTALLMENT: .$-0-, PAID. EXEMPTION: $-0- ASSESSED: SEPARATELY AP# 040-080-024-000 CODE AREA 070-001 1ST INSTALLMENT: $-0-, PAID. 2ND INSTALLMENT: $-0-, PAID. EXEMPTION: $-0- ASSESSED: SEPARATELY AP# 040-080-062-000 CODE AREA 062-010 1ST INSTALLMENT: $888. 19, PAID. 2ND INSTALLMENT: $888. 19, PAID. EXEMPTION: $-0- ASSESSED: SEPARATELY AP# 040-080-063-000 CODE AREA 062-078 INFORMATION NOTE: NO KNOWN MATTERS OTHERWISE APPROPRIATE TO BE SHOWN HAVE BEEN DELETED FROM THIS REPORT, WHICH IS NOT A POLICY OF TITLE INSURANCE, BUT A REPORT TO FACILITATE THE ISSUANCE OF A POLICY OF TITLE INSURANCE. FOR PURPOSES OF POLICY ISSUANCE, -0- ITEMS MAY BE ELIMINATED ON THE BASIS OF AN INDEMNITY AGREEMENT OR OTHER AGREEMENT SATISFACTORY TO THE COMPANY AS INSURER. AL:TR AUGUST 12, 1992 (STR-NO) PAGE 4 r ORDER NO. BU-129678 CB DESCRIPTION: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THAT CERTAIN COUNTY ROAD -KNOWN AS THE LOTT ROAD, (ALSO KNOWN AS ESQUON AVENUE) , SAID POINT BEING 20 FEET WEST OF THE EAST LINE AND 474. 1 FEET NORTHERLY FROM THE SOUTHEAST CORNER OF LOT 12, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "THE ACKERMAN FIRST SUBDIVISION" , WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON NOVEMBER 16, 1894, IN BOOK 1 OF MAPS, AT PAGE(S) 193, AND RUNNING THENCE NORTH 81 DEG. 41' WEST 1588.6 FEET TO A POINT ON THE EASTERLY LEVEE OF BUTTE CREEK; THENCE MEANDERING UP THE SAID LEVEE THE FOLLOWING COURSES AND DISTANCES; NORTH 37 DEG. 10 ' EAST 498.5 FEET; NORTH 30 DEG. 08 ' EAST 283.9 FEET; NORTH 24 DEG. 08 ' EAST 246.5 FEET; NORTH 15 DEG. 29 ' EAST 278.5 FEET TO THE SOUTHERLY LINE OF THE CHICO AND OROVILLE HIGHWAY AS IT EXISTED BEFORE THE WIDENING THEREOF; THENCE SOUTH 61 DEG. 32 ' EAST 1097.0 FEET ALONG SAID HIGHWAY LINE TO THE WEST LINE OF AFORESAID LOTT ROAD (ALSO KNOWN AS ESQUON AVENUE) ; THENCE SOUTH 00 DEG. 46' WEST 843 .4 FEET ALONG LAST MENTIONED LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LOT 12, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "THE ACKERMAN FIRST SUBDIVISION", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON NOVEMBER 16, 1894, IN BOOK 2 OF MAPS, AT PAGE(S) 193 , DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE ON THE WEST LINE OF THAT CERTAIN COUNTY ROAD KNOWN AS "LOTT ROAD", THE CENTER OF WHICH IS THE EASTERLY LINE OF SAID LOT 12, SAID PIPE BEING SOUTH 0 DEG. 46 ' WEST 538. 6 FEET ALONG SAID ROAD LINE FROM THE SOUTHERLY LINE OF THE CHICO-OROVILLE ROAD, AND RUNNING THENCE SOUTH 00 DEG. 46' WEST 304.8 FEET ALONG SAID ROAD LINE TO THE SOUTHEAST CORNER OF THE SAM ATKINS PROPERTY; THENCE NORTH 81 DEG. 41 ' WEST 140.2 FEET ALONG THE SOUTHERLY LINE OF THE ATKINS PROPERTY; THENCE NORTH 5 DEG. 55 ' EAST 286.5 FEET TO AN IRON PIPE; THENCE NORTH 89 DEG. 54 ' EAST 112 . 2 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE COUNTY OF BUTTE BY DEED RECORDED AUGUST 7, 1986, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 86-25462 . PAGE 5 This map may or may not be a survey hereon. You should,not rel upon it for any p land de then than orientation to the general location of the parcel other cels depicted. Mid Valley Title and Escrow � pa cel or par. � press ly disclaims any liability for alleged los or damage `' which may result from reliance upon this map. g CI .•i i � I n o a \, t 4 & �i � p On � .Gyro ••+�... 'L. R J 1 �_ 1 9S'Z£4 ----- Ih'i I H /• 2 66165Aj b Or \N 1 I � 360 T of Y _O w N W _� 0G N •' 7/ b v 41 , _ m 631.65 l I W W I L N O O1 I ° I O 280.8 U _ _ r �.ro I ��JA •�1i� L 1 1.0 650 t350.02 650D - / b N b I96.0 ° tw W � •P A � _ P ❑ N L N I 3475 ba w p1�1 nov N ♦ 4 V H �! oG C1 O s5o 396.3 O to 46.30 ' O o ? o u e u m 627 673 667.79 n Q) I O° Co PROJECT NAME GEORGE DOMAN REZONE SCH # AP # 040-080-023,024,029;030,062.063/04o-ion-011 FILE # 30 Day Review Period Ends SCH Review. Period. Ends OUT-GOING ACTIVITY Date Action Z(zf61 I i j PROJECT NAME GEORGE DOMAN REZONE SCH AP # 040-080-023,024,029,030,062,063/040-100-011 FILE # 30 Day Review Period Ends SCH Review Period Ends CORRESPONDENCE/ COMENTS RECEIVED Date Agency/Person J I } 7 � I Z10 , Sip - - oot - Oho ^ hho - ZhQ I h0 5i3O ooA or 01 — o ham© 6$10 - ll 6no I- °)LO U0 - A 690i- OW 90; (DOI —9HO � 600. — Cc180 —Oh4 � 10'— oS� pOhO L: 040 390 ¢115 000 STATUS: ACTIVE L: 040 050 020 000 STATUS: ACTIVE STARNES THEODORE 0 & VILMA V (CB DVA) LEWIS SAM G & SON P 0 PDX 557 3560 DURHAM DAYTON HWY CHICO CA 95927 CHICO CA 95928 L: 040 390 016 000 STATUS: ACTIVE L: 040 080 023 000 STATUS: ACT-IVE I WILSON FAMILY TRUST DOMON NORMAN Y ESTATE OF ETAL 1 WILSON WILLIAM H & CLEDY L TRUSTEES DOMON GEORGE 259 ESTATES DR 1847 ORO CHICO HWY CHICO CA 95926 DURHAM CA 95938 L: 040 390, 017 000 STATUS: ,ACTIVE L: 0411 1150. 1:116 01111 STATUS. ACTIVE THOMPSON GEORGE A & GERALDINE J HANSEN CARROLL M & TERRI D (CB DVA) 252 ESTATES DR 10184 JONES AVE CHICO CA 95928 DURHAM CA 95938 L: 040 390 018 000 STATUS: ACTIVE L: 040 050 018 000 STATUS: ACTIVE FERGUSON FAMILY TRUST r HANSEN CARROLL M & TERRI D (CB DVA) FERGUSON DICK V & SHIRLEY M TRUSTEES 248 ESTATES DRVIE #A10184 JONES AVE CHICO CA 95928 .7413 DURHAM CA-95938 L: 040 390 0200 000 STATUS: I NACT I L: 04k1 050 1119 000 STATUS: ACTIVE LAFFINS RICHARD H LEWIS SAM G. & SON LAFFINS RONALD J 275 FAIRCHILD #100A 3561 DURHAM DAYTON HWY CHICO CA 95926 CHICO CA 95928 L: 040 050 052 000 STATUS: ACTIVE L: 040 050 133 000 STATUS: ACTIVE BUTTE CREEK ESTATES HANSEN CARROLL M & TERRI D (CB DVA) PO BOX 1638 10184 JONES AVE CHICO CA 95927 DURHAM CA 95938 L: 040 080 025 000 STATUS: I NACT 1 V L: 040 0591 034 0010 STATUS: ACTIVE GEIGER CAROLYN CHRISTINE ETAL HANSEN CARROLL M & TERRI D (CB DVA) P 0 BOX 515 10184 JONES AVE DURHAM CA 95938 DURHAM CA 95938 L: 040 080 026 000 STATUS: I NACT Il.' L: 040 060 075 000 STATUS: ACTIVE GEIGER CAROLYN CHRISTINE ETAL WAKEFIELD MARGARET ELLEN P 0 BOX 515 1985 ORO CHICO HWY DURHAM CA 95938 DURHAM CA 95938 L: 040 080 044 000 STATUS: ACTIVE L: 040 06V076 000 STATUS: ACTIVE LAMALFA ANTHONY JR & PHYLLIS E COPPER JOHN A & DIANA J JT P 0 BOX 619 1921 ORO CHICO HWY DURHAM CA 95938 DURHAM CA 95938 L: 040 080 045 000 STATUS: ACTIVE L: 040 060 024 000 STATUS: ACTIVE LAMALFA ANTHONY JR & PHYLLIS E COATS WM H MD & GWEN C TR COATS FAMILi P 0 BOX 609 2036 ORO CHICO HWY DURHAM CA 95938 DURHAM CA 95938 L: 040 080 046 000 STATUS: ACTIVE L: 040 060 100 000 STATUS: ACTIVE CLARE; RICHARD H & LINDA L CUTCHEN COATS FAMILY TRUST COATS WM H MD & GWEN C TRUSTEES 1751 ORO CHICO HWY ORO CHICO HWY DURHAM CA 95938 DURHAM. CA 95938 L: 040 OBO 050 000 STATUS: ACTIVE L: 04EJ 060 101 000 STATUS: ACTIVE AISTHORPE ROBERT W & ADELE 0 CP DOMON NORMAN Y ESTATE OF ETAL DEMON GEORGE 10150 LOTT ROAD . 1847 ORO CHICO HWY DURHAM CA 95938 DURHAM GA 95938 L: 040 080 051 000 STATUS: ACTIVE L: 040 060 102 000 STATUS: ACTIVE LEMOS KEVEN M & ANGELA S DOMON NORMAN Y ESTATE OF ETAL DOMON GEORGE P 0 BOX 615 1847 ORO CHICO HWY L: 040 080 052 000 STATUS: ACTIVE L: 040 080 029 000 STATUS: ACTIVE COWAN JOSEPH & CECYL LUCILLE ETAL JT DOMON NORMAN Y ESTATE OF ETAL BRINSON JANET L DOMON GEORGE 10163 LOTT .ROAD 1847 ORO CHICO HWY DURHAM CA 95938 DURHAM CA 95938 L: 040 080 009 000 STATUS: ACTIVE L: 040 080 030 000 STATUS: ACTIVE AMATOR ALBERT &: CARROLL ETAL TC DOMON NORMAN Y ESTATE OF ETAL DOMON GEORGE 10130 LOTT ROAD 1847 ORO CHICO HWY i DURHAM CA 95938 DURHAM CA 95938 L: 040 080 033 000 STATUS: ACTIVE L: 040 080 038 000 STATUS: ACTIVE i HOOK DANIEL ADDISON TRUST FLOYD J C & OPAL TRUST j FLOYD J C '& OPAL TRUSTEES 10086 LOTT RD 10001 LOTT RD ` DURHAM CA 95938 DURHAM 'CA 95938 4 1 L: 040 080 034 000 STATUS: ACTIVE L: 040 080 035 000 STATUS: ACTIVE AMATOR ALBERT & CARROLL ETAL TC HOOK WILLIAM S ESTATE OF ETAL TC HOOK WILLIAM D ! 10130 LOTT ROAD 10733 LOTT ROAD DURHAM CA 95938 DURHAM CA 95938 L: 040 080 020 000 STATUS: ACTIVE L. 040 080 039 000 STATUS: ACTIVE l LANE GEORGE S & SHERRIE ANN LIBBY DAVID A & ROBERTA L ,I t 10006 LOTT RD 1843 ACKERMAN AVE 1 DURHAM CA 95938 DURHAM CA 95938 , L: 040 080 018 000 STATUS: ACTIVE L: 040 080 040 000, STATUS: ACTIVE COSTA LEONARD A &: RITA L REV TRUST MARTINEZ ANTHONY A & ROSEMARY JT COSTA LEONARD A & RITA L TRUSTEES 10075 LOTT RD 1861 ACKERMAN AVENUE DURHAM CA 95938 DURHAM CA 95938 L: 040 080 064 000 STATUS: ACTIVE L: 040 080 041 000 STATUS: ACTIVE DIXON FAMILY TRUST LEAVENWORTH THOMAS E & EVILO JT DIXON FLORENCE f: TRUSTEE 1u1063 LOTT RD 1871. ACKERMAN AVE DURHAM CA 95938 DURHAM CA 95938 L: 040 080 065 000 STATUS: ACTIVE L: 040 080 042 000 STATUS: ACTIVE 1 SIRACUSA EDDIE & MICHELLE JARRETT JOHN 0 & ROXIE L JT 182CI ACKERMAN AVE 1853 ACKERMAN AVE DURHAM CA 95938 DURHAM CA 95938 L: 040 080 066 000 STATUS: ACTIVE L: 040 100 011 000 STATUS: ACTIVE DIXON FAMILY TRUST DOMON NORMAN Y ESTATE OF ETAL DIXON FLORENCE K TRUSTEE DOMON GEORGE 10063 LOTT RD 1847 ORO GHICO HWY DURHAM CA 95938 DURHAM GA 95938 L: 040 080 067 000 STATUS: ACTIVE L: 040 100 012 000 STATUS: ACTIVE DIXON FAMILY TRUST SACRAMENTO & SAN JOAQUIN DRAINAGE DIS DIXON FLORENCE K TRUSTEE 10063 LOTT RD 00000 DURHAM CA 95938 L: 040 080 058 000 STATUS: ACTIVE L: 040 100 014 000 STATUS: ACTIVE DIXON MICHAEL' E & DEBRA P ANDERSON CP DAVIS FAMILY LIVING TRUST DAVIS WILLIAM F & ANNIS J TRUSTEES 1927 ACKERMAN 1893 GARDEN RD DURHAM CA 95938 DURHAM CA 95938 L: 040 080 060 000 STATUS: ACTIVE L: 040 100 024 000 STATUS: ACTIVE DIXON MICHAEL E & DEBRA P CP DAVIS FAMILY LIVING TRUST DAVIS WILLIAM F & ANNIS J TRUSTEES ; . 1927 ACKERMAN 1893 GARDEN RD ¢ DURHAM ` CA 95938 DURHAM CA 95938 L: 040 080 037 000 STATUS: ACTIVE L: 040 100 025 000 STATUS: ACTIVE FLOYD J C & OPAL TRUST DAVIS FAMILY LIVING TRUST FLOYD J C & OPAL TRUSTEES DAVIS WILLIAM F & ANNIS J TRUSTEES 10001 LOTT RD 1893 GARDEN RD DURHAM (':fid-{ ,:;'i'•, ;— —:: MCCALL JON D & ROBIN 1929 GARDEN RD DURHAM 'CA 9', ,3 L: 040 100 032 000 STATUS: ACTIVE MCLAUGHLIN JOSEPH F SS 1866 GARDEN ROAD DURHAM CA 95938 L: 040 100 033 000 STATUS: ACTIVE OWEN ROBERT R & CHRISTA H CP 9925 LOTT ROAD DURHAM CA 95938 L: 040 100 034 0090 STATUS: ACTIVE DAVIS FAMILY LIVING TRUST DAVIS WILLIAM F & ANNIS J TRUSTEES 1893 GARDEN ROAD DURHAM CA 95938 L: 040 100 035 000 STATUS: ACTIVE DAVIS FAMILY LIVING TRUST DAVIS WILLIAM F ANNIS J TRUSTEES 1893 GARDEN ROAD DURHAM CA 95938 L: 040 10CI 036 000 STATUS: ACTIVE CARPENTER LEO P 0 BOX 668 DURHAM CA 95938 L: 040 100 037 000 STATUS: ACTIVE WATANABE DAVID & BRENDA 1096 GARDEN RD DURHAM CA 95938 L, 040. 100 038 000 STATUS: ACTIVE MOLIN RICHARD J & ALISON LEE FARMER 9937 GARDEN CREEK RD DURHAM CA 95938 L: 040 100 039 000 STATUS: ACTIVE CLINE NEAL W & LYNDA 9975 WILLADSEN WAY DURHAM CA 95938 L- 040 100 040 000 STATUS: ACTIVE SIMON JOHN R, P 0 BOX 667 DURHAM CA 95938 L: 040 100 042 000 STATUS: ACTIVE DAVIS FAMILY LIVING TRUST DAVIS WILLIAM F & ANNIS J TRUSTEES 1893 GARDEN RD DURHAM CA 95938 t utte ount DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916)538-7785 v November 1, 1993 George Domon 1847 Oro Chico Highway Durham, CA 95938 Re: Rezone, File 93-22 Dear Mr. Domon: At the regular meeting of the Butte County Board of Supervisors held October 26, 1993, your request for a Rezone from A-10 to A-5 on property located on the .east side of Butte Creek, north of Garden Road, and south of Chico Oroville Highway identified as AP 040-080-023, 24, 029, 030, 062, 063, and 040-100-011, Durham, was denied. Should you have any questions regarding this matter, please contact this Department. Very truly yours, Willi Farrel Development Services Director WF:lr cc: Clerk of the Board Sierra West Surveying r SIERRA. WEST SURVEYING - LICENSED LAND SURVEYING 5437 Black Olive Drive-Paradise,CA 95969 Phone:(916)877-6253 OEM September 8, 1993 County of Butte Board of Supervisors 7 County Center Drive Oroville, CA 95965 We hereby appeal the Planning Commission's decision for denial of a rezone request on the George Domon property, APN: 40-08-23, 24, 29, 30 , 62 , 63 and APN: 40-10-11 . Thank you for your consideration in this matter. Sincerely, • Thomas R. Wrinkle Sierra West Surveying TRW/lgv 090893 . 1tr L5 LAND OF NATURAL WEALTH AND BEAUTY PLANNING DEPARTMENT +ted ;•: 7 COUNTY CENTER DRIVE- OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 MEMORANDUM TO: Butte County Board of Supervisors FROM: Bill Farrel, Director of Development Services Craig Sanders, Project Planner SUBJECT: George Domon, Rezone, File 93-22 Board Agenda October 26, 1993 DATE: October 5, 1993 REQUEST: George Domon - proposed Negative Declaration regarding environmental impacts and Rezone from A-10 (Agricultural - 10 acres parcels) to A-5 (Agricultural - 5 acre parcels) for property located on the east side of Butte Creek, north of Garden Road and south of Chico Oroville Highway, identified as AP 040-080-023, 024, 029, 030, 062, 063; 040-100- 011, Durham area. Staff recommends that the Board concur with the Planning Commission and deny the proposed rezone. BACKGROUND: This is a request to rezone approximately 70.24 acres from A-10 to A-5. The applicant has a total of approximately 94 acres in two non-contiguous tracts. The northerly tract or area is comprised of about 30 acres, of which 24 is currently zoned A-5 and 6 acres are zoned A-10. The property has two zones and multiple AP numbers because it is bisected by the Chico/Durham School District Boundary which was also the boundary of the Durham, Dayton, and Nelson area plan. The second tract of land is located to the south between Ackerman Ave. and Garden Road. It is approximately 64 acres in size. The property within the Durham Unified School District was rezoned From A-5 to A-10 on Feb. 25, 1992 as part of the Durham rezone. These two areas of land represent the last remaining parcels that have the potential to be divided. All of the surrounding land in the 1 immediate area on the west side of Lott Road has been divided into 5 acre or smaller parcels or have tentative approval for division to 5 acres or less. The Citizens Advisory group and the Planning Commission had recommended A-5 for this area and Board of Supervisors changed that recommendation to A-10 during their hearing process. Even though the area is predominantly 5 acres or smaller, the A-10 zone was adopted to send a message that the area is still considered agricultural and no further erosion of parcel size will be accepted. The property is planted in almonds that appear to be in their prime bearing years. Division of this land into either 5 or 10 acre parcels will have a detrimental impact to the continued use of the land for orchard use. Other types of agricultural uses will eventually replace the orchards as the trees reach the end of their economic life. Some types of intensive agricultural operations can still be viable on a 10 acre parcel that will probably have a net useable acreage of 9 acres once a residential use is established. Five acre parcels are less likely to be used for any commercial agricultural use. The surrounding 5 acre parcels have primarily been developed with large homes and expansive yards. The orchards remain but it is anticipated that they will not be maintained or replanted as would occur in a normal orchard. It is most likely that these parcels will become "country" estates, some with hobby farms or stables. The Butte County General Plan Land Use Element designates this area Orchard and Field Crops. Factors to be taken into consideration when applying a zoning within this designation include: 1. Existing parcel sizes and dwelling densities. 2. Proximity to urban development. 3. Effects on adjacent uses. 4. Potential for pest insect breeding. 5. Economic viability. 6. Local desires. In applying these criteria, the following observations can be made: 1. Based on existing parcel sizes the A-5 zone is the most consistent. 2. The property is near the Chico urban boundary. The northerly property abuts the Greenline. 3. The proposal will not have a significant effect on adjacent agricultural uses. The opposite may occur. The surrounding 1 to 5 acre parcels may be a hinderance to the continued Orchard use. It is possible that the orchards on surrounding i smaller parcels may not be maintained properly and the chance for disease and pest breeding could increase, affecting the orchard on the applicant's property. 4. Same as 3. 5. It is generally accepted that orchards are not economically viable on 5 acre parcels. Different types of agricultural uses may replace the orchards over time in some instances. Other uses may include hobby farms and keeping of horses. 6. There have been mixed feelings expressed about this area. Some residents like the 1 to 5 acre parcels and others want to preserve as many of the larger parcels as possible for agricultural uses. There was apparently enough sentiment for larger parcels expressed at the Board of Supervisors hearing to change the Planning Commission's recommendation from A-5 to A-10. An argument might be made for rezoning the southerly 6 acres of the northerly parcel to A-5 since the parcel has a split zoning by reason of the school district line. However, a contrary position would be that the applicant already has the option of creating a 6 acre parcel in the A-10 zone by reason,of the zone line and, other than parcel configuration, there is no benefit to the applicant from the A-5 zone. The number of potential parcels would not increase. It should be noted that the Board of Supervisors approved, on appeal, a tentative subdivision map with 5 acre parcels for William Davis. In that particular instance the application for land division was received by the County while the area was still zoned A-5. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors deny the requested rezone on the basis of keeping the zoning consistent in the area and the fact that the A-10 was just adopted as part of the Durham, Dayton, Nelson Area plan. The 10 acre zone was, at that time, supported by the Board. It does not make sense to rezone the applicant's southerly 64 acres to A-5 while leaving the all of the 1 to 5 acre parcels in the A-10 zone. If it is the desire of the Board to allow for 5 acre parcels, this area of the Durham plan should be looked at again through the initiation of a rezone for the area west of Lott Road and the area east of Lott Road that is in 5 acre parcels or less. MOTIONS: Staff recommends the Board take the following action: A. Note that the requirements of CEQA have been completed and considered in making this decision; and B. Find that the rezone does not conform to the policies, including the text and map of the Butte County General Plan, because of local desires and the agricultural viability of approximately 90 acres of prime agricultural soil will be severely I impacted reduced ; and C. Deny the rezone from A-10 to A-5 (George Domon) on APs 040-080-023, 024, 029, & 030, and 040-100-011 & 012. Alternatively, if the Board makes the findings that the proposed rezone is consistent with the Butte County General Plan and the zoning policies contained therein then it would be appropriate to make the recommendation: A. Find that the Board of Supervisors has independently reviewed, analyzed and considered the Negative Declaration prior to making its decision on the project, and finds that the Negative Declaration reflects the independent judgement of the County of Butte; and B. Adopt a Negative Declaration regarding environmental impacts; and C. Find that the rezone conforms to the policies, including the text and map of the Butte County General Plan, because ; and D. Adopt an ordinance rezoning to A-5, that property identified as AP No. 040-080- 023, 024, 029, & 030, and 040-100-011 & 012, (George Domon). D. Recommend that the Commission initiate a rezone from A-10 to A-5 for the area bounded by Butte Creek on the west, Oroville-Chico Hwy. on the north, Lott Rd., on the east, and Durham Pentz Rd. on the south and for that area on the west side of Lott Road that is predominately 5 acres or less and is within 1000' of Lott Rd. and 2500' of Durham Pentz Hwy. /Ir suite ount PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE. CALIFORNIA 96966.3397 TELEPHONE: (916)538.7601 FAX: 1916)538-7785 October 8, 1993 George Domon 1847 Oro Chico Highway Durham, CA 95938 Re: Rezone, File 93-21 Dear Mr. Domon: The Clerk of the Board of Supervisors set a public hearing date for October 26, 1993 at 10:00 a.m., to consider your request for a rezone from A-10 to A-5 for property located on the east side of Butte Creek, identified as A>`P 040-080-023, 024, 029, 030, 062, 063; 040-100-011, Durham area. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville. Should you have any questions regarding this matter, please contact this Department. Very truly yours, William Farrel Development Services Director Ly r Richardson Administrative Services Assistant LR/Ir cc: Sierra West Surveying May 7 , 1993 DOMON REZONE DESCRIPTION AP: 40-08-23, 24, 62 AND 63 All that certain real property situate in the County. of Butte, State of California, described as follows: A portion of Lot 12 as shown on that certain map entitled "Revised Official Map of the Ackerman First Subdivision Oregon Township, Butte County, California" which map was filed in the Office of the Recorder of the County of Butte, State of California on November 16, 1894 in Book 2 of Maps at Page 193 and more particularly described as follows : COMMENCING at a point on the West line of that certain County Road known as Lott Road (formerly Esquon Avenue) said point being 20 .00 feet West of the East line and 474. 10 feet Northerly from the Southeast corner of said Lot 12 , thence from said Point of Commencement, North 89° 41 ' 00" West , 140 . 20 feet to the True Point of Beginning for the parcel herein described, thence from said True Point of Beginning and continuing North 89 41 00 West , 1448 . 40 feet to a point on the Easterly Levee of Butte Creek, then along said Levee, North 37' 10 ` 00" East, 498 . 50 feet , thence North 30' 08' 00" East, 283 . 90 feet , thence North 24° 08' 00" East, 246. 50 feet , thence North 15' 29' 00" East, 248 . 76 feet to the Southerly line of those parcels of land conveyed to the County of Butte by deed recorded August 7 , 1986 under Butte County, California Recor- der' s Serial Number 86-25462 , thence along said Southerly line South 68' 09' 38" East, 253 . 37 feet to the Southerly line of the Chico-Oroville Highway, thence along said Southerly line, South 61° 32 ' 00" East, 838 . 50 feet to the West line of the aforesaid Lott Road, thence along said West line South 00" 46' 00" West, 538 . 60 feet , thence South 89° 54' 00" West , 112 . 20 feet, thence South 06° 08 ' 39" West , 285. 94 feet to the True Point of Beginning and containing 29. Acres more or 1 s . Sip LAND S��, � pN Gordon L. i e 1 r L.S. 3346 L.S. 3346 Cn �lgrUf CAtI����\Q EXP -30-96 S2378DOM.DES orovit., r � " f t ',• 'lam 1 .. .. Jf r •'.,J r.J J _ •! ,ilJ tf r.J7 Ti 7, r lJ li t.s.b. 11•L 7r _ _ , / .�it. TT_ i. ZO('( b.�)r.�T• i, ul'i'1r iJ GL . ?ti !v _ - c' - •1 ?•r u = l+ J f F } - -- .i' rJ- r'n�l��.J l'll � l Ql'Fi F � t ,. ♦ � t J ♦ tir^ .T , .,i � (• 1 ! : rT C;li _3 . . rCFJ �� ri3t3aCi FOL, DOD 4�-�r ;'C' � �l, . Z, 7' �%•l?i_7'r t,% T ,. r 7 Ll f+ `(,tJ,i,p C-)T GGf. Z f.�TC. 2OF4.PUZTa1 !7'tTf'• 'j J7i!ip-' t��„' .1 t' 1'1.) , r}J rJJI LJ C.i u�J as j Jit, j .Ji. .�G•r vFfa,1 't r ac;s. auci67 ?jt:{Y:� t'.r+ti "+ T.{.0 711, • } T. ,i1 l 1. .�T v J c _ ..` 1 C +- 1 -1 'Cf C D US'- _ l'''<' � v�'' r' �••'^ L �.�7._i-r.b t•�.,i rf i t� - ''J Vv l �� r � 117G .1 t,' r t' :'t= ;llt-'f F' -'J .. l til. �. _• .- i�. Nt i � FI {, T r r•t:t. .". t i'*i 4i i j! i i iso + .ft� � i' } `'i: + -i _,a1iJr r� � J � t, � r if. rt �� , , }'• j'.. :*i c`• f�' . .J c`. ! OW aSF ,Iri fT" LQT J� Ot Eh aT?J is 7I JL C: i .ljC.7i.I! CZ }-CCC T J3 i x i r i :S) -1p 1 .)TT, r i')J( ,.L'!(.,1c-•1 JFJ.`L - r t� H5"� TT i - ,•� Si1y yic- l:�' Tt kJ_Uft CIO I + �' ' +., }'. V Y �,J;+ ✓- '- {-E 7 L 1,.,i _ G i,i.J 3 r i, t -A Z i1 t't � t 1. J, t, ,-I* � jTF - r.. ,, I.T7 jI " ry •"'' J.. x , j6C. 111 ul, Cl .? i �e9/c JU7 jC,;C6Ti,J t * f1':. 7,. " O'I (; _17: FIUu 1 i i- giI t• i, iL i'I •' ? i'G, ? 1 �0,M uT.' C IT 7 .•r ._ � � " _�� ft. �7ril�lr. 7.1 �.)+�P`i{•,t +,"�,U.i r, i't'"'.i�i:�rj t�Jvl i DOMON REZONE DESCRIPTION May 7 , 1993 AP: 40-08-29 AND 30 AP: 40-10-11 AND 12 All that certain real property situate in the County of Butte, State of California, described as follows : Beginning at the Southeast corner of Farm Allotment No . 64, as shown on that certain map entitled "Subdivisional Plan of The Durham State Land Settlement" , which map was filed in the Office of the Recorder of the County of Butte, State of California, on February 13, 1919, in Book 8 of Maps , "at'- Page(s) 23 and 24, thence along the South line of said Allotment No. 64, South 88° 47 ' 00" West, 1358 . 70 feet, thence North 20° 55 ' 00" East , 268 . 60 feet , thence North 12° 21 ' 00" East , 1095 . 00 feet , thence North 08° 10 ' 00" East, 116. 30 feet to the South line of Lot 7 , as shown on that certain map entitled, "Revised Official Map of The Ackerman First Subdivision", which map was filed in the Office of the Recorder of the County of Butte, State of California, on .November 16 , 1894, in Book 2 of Maps, at Page 193, thence along said South line South 89' 55 ' 00" West , 37 . 22 feet, thence North 12' 25 ' 00" East , 604. 00 feet , thence North 22° 19' 10" East , 189. 63 feet to the North line of said Lot 7 and the North line of the South one-half of Ackerman Avenue as shown on said Revised Official Map of the Ackerman First Subdivision, thence along said North line North 89' 55 ' 00" East , 1325 .00 feet to the Northeast corner of said Lot 7 , thence along the East line of said Lot 7 , South 00' 05 ' 00" East , 765 .00 feet to the Southeast corner of said Lot 7 , thence along the South line of said Lot 7 , South 89° 55 ' 00" West, 479.00 feet to the Northeast corner of the aforesaid Farm Allotment No. 64, thence along the East line of said Allotment No. 64, SOUTH 1408 . 30 feet to the Point of Beginning and containing 63 . 22 Acres more o .-4- ss . Sip LAND SG o L.S. 3346 Gordon L . Shi ds co L. S. 3346 J. EXPIRES 06-30-96 S2378DOM.DES Planning Department JUN r 4 1993 0MVIlle,"'i;arnia 4 L 1� r , ' .lt? 1 �� , ' ro ... - - Z' `e J=':_ .7 i:- G- iJ} . . •�L•, +. - ,/ . .. i.* 4 } fir. - C T.'. - .� .T i• rT `I�) .TT• - -1 1 t. ytjIT j•' Z L _ i r ,); +' v(�-• S is � � � L u L - � ?�i C • w"•F r r r}I!, .. . f rS 1 -+ •'f '1'='T� r 7.l.j" !_ I +� t ! r'.T L + T � �.^� f .. t f• s' t ,ALT. - . ,-'Ni r '► �a r. 1 + ,J )i:' ' .�! C .. . �•�` � '1. '?�• .`. 4. ., r,i .. r i•; - I +. }it._ .. I- tte un ,;.tea... r - ....... PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE- OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 August 2&, 1993 George Domon 5437 Black Olive Drive Paradise, CA 95969 Re: Rezone, File 93-22 Dear Mr. Domon: At the regular meeting of the Butte County Planning Commission held August 26, 1994, your request for a rezone from A-10 to A-5 for property located on the east side of Butte Creek, identified as AP 040-080-023 , 024 , 029, 030, 062 , 063 , and 040-100-011, Durham, was denied. A report of this matter will be made to the Board of Supervisors on September 14, 1993 . If you desire to appeal this decision you must do so, in writing, with an appeal fee of $250. 00 plus publishing costs of $100. 00, to the Clerk of the Board, 25 County Center Drive, Oroville, California, prior to 5: 00 p.m. , Monday, September 20, 1993 , the end of the 5-day appeal period from the date of this report. Should you have any questions regarding this matter, please contact this office. Sincerely, Lj Paula S. Leasure Assistant Director of Planning PSL: lr cc: Clerk of the Board Sierra West Surveying i� Eutte Countq S� DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE. CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 August 23, 1993 Tom Wrinkle SIERRA WEST SURVEYING 5437 Black Olive Drive Paradise, CA 95969 RE: DOMON REZONE, AP#040-080-023,024,029,030;062,063 and 040-010-011 Dear Tom: I have received your letter dated August 18, 1993 regarding the above-referenced project and have sent a copy to Tom Reid, Director of Environmental Health, for his review. Sincerely, 1. William"Farrel, AICP Director of Development Services WF:jc SIERRA WEST SURVEYING LICENSED LAND SURVEYING 5437 Black Olive Drive-Paradise,CA 95969 Phone:(916)877-6253 — Planning I)epartm nt AUG 19 1993 August 18, 1993 County of Butte Orovi le,CaiisDevelopment Services Planning Department AUG 2 0 1993 7 County Center Drive Orovi l l e, CA 95965 Oroville,California Attention: Bill Farrell Dear Bill - I am supplying information to you regarding the Domon Rezone, APN: 40-08-23, 24, 29, 30 , 62 , 63 and 40-10-11 . The Butte County Environmental Health Department charges $98 .00 to review this application. Please note their response: ENVIRONMENTAL HEALTH: "No comments regarding rezone, however, subse- quent land division must meet subdivision ordinance standards for sewage disposal and water supply. " Is this worth $98 . 00? I think if you check other rezones you will find this same reply. This fee needs to be adjusted. Sincerely, Thomas R. Wrinkle Sierra West Surveying TRW/lgv 081793 . 1tr � • • • • .l �f � 4 .. � - - - - ., _ . . � �. �t.,, i e . , , _ - 4.^P, r ... ,. -. �' S-r 01 01-r oil SUOZea US30033 °ws :13N/AO 'P 'lo 'w0 86JO09 :1NV311ddV 01-V :9NIN01 9NUSIX3 f661 V lcnenr :Silva 9NIMH NOIIVO01 ZZ-f6 ''ON 3111 110-001-Of0 :138RON IV DAM 0 NOISSIRR03 9NINNVId A1N003 31105 walsAs uollewiolui 3lydej608q Aluno3 sling , IL) ` r ' r � '00 c 1 1 ' 1 � � t � EO � y ` o . op �o � � r j w f o ^ o f � � r 0 \ 000f f 001 °=Y 01 ; `., PION � °18 00 p0n lIV301 1: 3101d / e f s o ,y % f s % a o+Q e� 0*0 �y i f f o \J s � o � r i Eat Count PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE- OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 July 30, 1993 George Domon 1847 Oro Chico"Highway Durham, CA 95938 Re: Rezone, File 93-22 Dear Mr. Domon: Enclosed is a copy of the Staff Findings concerning your application for a rezone from A-10 to A-5 for property located on the east side of Butte Creek, north of Garden Road and south of Chico Oroville Highway, identified as AP 040-08--023, 024, 029, 030, 062, 063; 040-100-011, Durham. A public hearing has been set for August 26, 1993 at 9:00 a.m. The meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The . Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. In the event that no one will represent the applicant, please contact the Planning office prior to the scheduled public hearing. " Should you have any questions regarding this matter, please contact this office. Sincerely, Paula S. Leasure Assistant Director of Planning Craig B. Sanders Associate Planner CBS:lr Enc. s-V 01 01-r wad euo:ea US3noll awS :13NM0 'p •1e 'uouap e6ABO :1NV31lddV 0l-V :9NINOZ 9NI1SIX3 5661 '9t lsr'6eV :S31V4 HUM NOIIVO01 ZZ-f6 VON 1111 l"l-oto MINH IV 103PONd 0 NOISSIM R03 9NINNVld AMU 111n9 waISAS uolltwjolul 314dei6oag Alun03 oun8 f c tm o � c I MEW \ y✓ o . 4jn0 0 ` s � � r � N 3 / o �+ o � r /. p0a osa �0 t � 9 � i / -% p oa u jov Iola %DDa �peN lIV301 l old / O L o i f / J s S-V 01 1 ' 1 I 1 1 NOISSIMN03 SNINNVII AiNno3 ■- ,,,' ❖.❖•❖:.:❖.❖.•.❖. _ :r.•.•.'�.'�is is i....•. XX ..................... ..................... ............ � �7 FILE NO.: 040-050-024 BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS - July 29, 1993 APPLICANT: George Domon OWNER: Same REQUEST: Rezone from A-10 to A-5 AP NO.: 040-080-023, 024, 029, 030, 062, 063; 040-100- 011 SIZE: 70 acres LOCATION: On the east side of Butte Creek,north of Garden Road and south of Chico Oroville Highway, Durham area. EXISTING ZONING: A-10 ZONING HISTORY: Zoned A-10 on Feb. 25, 1992, by Ord. 2985 SURROUNDING ZONING: A-5, A-10, A-20, R-1, R-2 SURROUNDING LAND USE: A mixture of agricultural and residential uses surround the property. GENERAL PLAN DESIGNATION: Orchard and Field Crops APPLICABLE REGULATIONS: Butte County Code Sections 24-26 through 24- 29, 24-72, 24-75, and Government Code Section 65860 COMMENTS RECEIVED: Public Works: "None" 1 i BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS - July 29, 1993 Department of Forestry/CDF: "This individual rezone has no impact on the Fire Department, but the cumulative effect of rezoning to higher density developments is increased demand for fire protection services and higher costs to the County." Environmental Health: "No comments regarding rezone, however, subsequent land division must meet Subdivision Ordinance standards for sewage disposal and water supply." ANALYSIS: This is a request to rezone approximately 70.24 acres from A-10 to A-5. The applicant has a total of approximately 94 acres in two non-contiguous tracts. The northerly tract or area is comprised of about 30 acres, of which 24 is currently zoned A-5 and 6 acres are zoned A-10. The property has two zones and multiple AP numbers because it is bisected by the Chico/Durham School District Boundary which was also the boundary of the Durham, Dayton, and Nelson area plan. The second tract of land is located to the south between Ackerman Ave. and Garden Road. It is approximately 64 acres in size. The property within the Durham Unified School District was rezoned From A-5 to A-10 on Feb. 25, 1992 as part of the Durham rezone. These two areas of land represent the last remaining parcels that have the potential to be divided. All of the surrounding land on the west side of Lott Road has been divided into 5 acre or smaller parcels or have tentative approval for division. The Citizens Advisory group and the Planning Commission had recommended A-5 for this area and Board of Supervisors changed that recommendation to A-10 during their hearing process. Even though the area is predominantly 5 acres or smaller, the A-10 zone was adopted to send a message that the area is still considered agricultural and no further erosion of parcel size will be accepted. The property is planted in almonds that appear to be in their prime bearing years. Division of this land into either 5 or 10 acre parcels will have a detrimental impact to the continued use of the land for orchard use. Other types of agricultural uses will eventually replace the orchards as the trees reach the end of their economic life. Some types of intensive agricultural operations can still be viable on a 10 acre parcel that will probably have a net useable acreage of 9 acres once a residential use is established. Five acre parcels are less likely to be used for any practice agricultural use. The surrounding 5 acre parcels have primarily been developed with large homes with large yards. The orchards remain but it is anticipated that they will not be maintained or replanted as would occur in a normal orchard. It is most likely that these parcels will become "country" estates, some with hobby farms or stables. The Butte County General Plan Land Use Element designates this area Orchard and Field Crops. Factors to be taken into consideration when applying a zoning within this designation include: 1. Existing parcel sizes and dwelling densities. 2 BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS - July 29, 1993 2. Proximity to urban development. 3. Effects on adjacent uses. 4. Potential for pest insect breeding. 5. Economic viability. 6. Local desires. In applying these criteria, the following observations can be made:. 1. Based on existing parcel sizes the A-5 zone is the most consistent. 2. The property is near the Chico urban boundary. The northerly property abuts the Greenline. 3. The proposal will not have a significant effect on adjacent agricultural uses. The opposite may occur. The surrounding 1 to 5 acre parcels may be a hinderance to the continued Orchard use. It is possible that the orchards on surrounding smaller parcels may not be maintained properly and the chance for disease and pest breeding could increase, affecting the orchard on the applicant's property. 4. Same as 3. 5. It is generally accepted that orchards are not economically viable on 5 acre parcels. Different types of agricultural uses may replace the orchards over time in some instances. Other uses may include hobby farms and keeping of horses. 6. There have been mixed feelings expressed about this area. Some residents like the 1 to 5 acre parcels and others want to preserve as many larger parcels as possible for agricultural uses. There was apparently enough sentiment for larger parcels expressed at the Board of Supervisors hearing to change the Planning Commission's recommendation form A-5 to A-10 An argument might be made for rezoning the southerly 6 acres of the northerly parcel to A-5 since the parcel has a split zoning by reason of the school district line. However, a contrary position would be that the applicant already has the option of creating a 6 acre parcel in.the A-10 zone by reason of the zone line and, other than parcel configuration, there is no benefit to the applicant from the A-5 zone. The number of potential parcels would not increase. It should be noted that the Board of Supervisors approved, on appeal, a tentative subdivison map with 5 acre parcels for William Davis. In that particular instance the application for land division was received by the County before the rezone to A-10 was approved. 3 BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS - July 29, 1993 STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny the requested rezone on the basis of spot zoning and the fact that the area was just zoned as part of the Durham, Dayton, Nelson Area plan and the 10 acre zone was supported by the Board of Supervisors. It does not make sense to rezone the applicant's southerly 64 acres to A-5 while leaving the all of the 1 to 5 acre parcels A-10. This action could be considered spot zoning for the benefit of one individual. If it is the desire of the Commission to allow for 5 acre parcels, they should initiate a rezone for the area west of Lott Road and that area east of Lott Road that is in 5 acre parcels or less. MOTIONS: A. Note that the requirements of CEQA have been completed and considered.in making this decision; and B. Find that the rezone does not conform to the policies, including the text and map of the Butte County General Plan, because of local desires and the agricultural viability of approximately 90 acres of prime agricultural soil will be severely impacted reduced ; and C. Deny the rezone from A-10 to A-5 (George Domon) on APs 040-080-023, 024, 029, & 030, and 040-100-011 & 012. If the Commission can make the findings that the proposed rezone is consistent with the Butte County General Plan and the zoning policies contained therein then it would be appropriate to make the recommendation: A. Find that the requirements of CEQA have been completed and considered in making this decision and adopt a Negative Declaration regarding environmental impacts; and B. Find that the rezone conforms to the policies, including the text and map of the Butte County General Plan, because ; and C. Recommend that the Board of Supervisors adopt an ordinance rezoning to A-5, that property identified as AP No. 040-080-023, 024, 029, & 030, and 040-100-011 & 012, (George Domon). D. Recommend that the Commission initiate a rezone from A-10 to A-5 for the area bounded by Butte Creek on the west, Oroville-Chico Hwy. on the north, Lott Rd., on the east, and Durham Pentz rd. on the south and for that area on the west side of Lott Road that is 4 BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS - July 29, 1993 predominately 5 acres or less and is within 1000' of Lott Rd. and 2500' of Durham Pentz Hwy. CBS:cs Attachments to Commission and Cities: Environmental Documents Site Plan Location Map Letter Durham Unified School District Letter Durham Recreation and Park District 5 .... .. ..� DURHAM UNIFIED SCHOOL DISTRICT DONALD C. McNELIS, District Superintendent P.O. BOX 300 DURHAM, CALIFORNIA 95938 (916) 895-4675 FAX (916) 895-4692 BOARD OF TRUSTEES Linda Boles Michael G. McDonald Edwin E. Ryon Tom Simmons M. Anthony Soares -tment June 23, 1993 J i1 N 2 8 1993 0k ,,,aid irnia Larry Painter, Planning Technician Butte County Planning Commission 7 County Center Drive Oroville, CA 95965-3397 Dear Larry: Thank you for the opportunity to respond to the project review & environmental evaluation for AP #040-080-023, 024, 029, 030, 062, 063/040-100-011 (George Domon). The Durham Unified School District is concerned about the cumulative, impacts from increase in enrollment as a result of.the numerous rezones and tentative parcel maps on property within the bounds of the Durham Unified School District. As a consequence, the Board of Trustees has approved a policy which requires new development within the district to fully mitigate its impact on school facilities. The total cost of providing the necessary permanent facilities, interim facilities, transportation and administrative support facilities amounts to $9,584 per residential. unit. This amount includes the $1.65 per square foot developer fee. The formula used to determine this cost is rather complicated and is available for review if you wish. The position of the district is that new development be approved only if its impacts on schools is fully mitigated. There are several ways in which the impacts of this development can be fully mitigated. However, in the absence of an accepted development agreement with the school district, we request the project be denied until such agreement can be reached. The district's position is fully supported by the recently adopted Durham Dayton Nelson Plan which states in part the following: "Unless assurance is obtained that an adequate level of public facilities, including schools, will be available to future residents, no discretionary land use.action shall be taken to increase the density of use. The assurance shall include details of how any impacts identified as a result of the proposed land use actions are to be mitigated." DURHAM DURHAM DURHAM ELEMENTARY SCHOOL INTERMEDIATE SCHOOL HIGH SCHOOL BARBARA J. JOHNSTON STEPHEN J. PILUSO JAMES D. GWYN PRINCIPAL PRINCIPAL PRINCIPAL Phone 895-4695 Phone 895-4690 Phone 895-4680 M M � Letter Larry Painter Page 2 June 24, 1993 You will find attached a copy of the policy of the Board of Trustees regarding this issue. Please contact me if you require further information. Please notify me in advance of all public hearings on this project. Sincerely, Donald C. McNelis Superintendent DCM:jl ENC . �ti' > .. _,..- ....._.,-._ ...._.._...._ ._.y--r.er......:.. .�.:---._w..•: .---�� ..�.-,....a. ___....... ....�•.s,ar ....� w... .__b >: .�.�{�m•. r,... .. n:,��m+r_..!YNfYlt•...-•... . w f .. . y ... r ,. ...... .. ..-..,. ..}.- • e+._. ��.. ...v♦ •.... ... �.-rr ..� � � 'IT �L7 L:.. ._.�.. � -:1�_- ,.-.. .. � ....y..,_.... l ...� - �... L ♦Mr'•�4yi� �r�i!�.w, . t ♦ _ -y , -1• e� t .. C� BP 1401 DEVELOPMENT PROJECTS The Governing Board recognizes that growth in communities within the Durham Unified School District is occurring and will, in all probability, continue to occur. The board recognizes that this growth has a major impact upon the schools in the Durham Unified School District. �- The board has the responsibility to provide adequate school housing for the students of the Durham Unified School District. It is imperative that the growth in school facilities is consistent with the increase of students resulting from the community growth. The board believes in the wisdom of ^'.armed gro;vth consisumt wish appropriate land use ' and -zoning. The 'Board does not believe it should take a supportive position in favor of development in the community. However, the board does believe it is appropriate to oppose projects which have not been mitigated to alleviate the impact to the Durham Unified School District. Therefore: .1. The board will not oppose parcel maps, subdivision maps or development projects if the impacts of the development are fully mitigated to the . satisfaction of the Durham Unified School District. 2. The board will take an oppose position on parcel maps, subdivision maps or development projects if the impacts of the development are not fully mitigated to the .satisfaction of the Durham Unified School District. The board directs the superintendent to (1) notify the Butte County Planning Department of their opposition in a timely fashion when given the opportunity to respond to tentative parcel maps and project reviews; and (2) request that opposed projects which are approved be mitigated to th.t sati_factio 'df tht Durhlam Minified School District. The district is .willing to accept several ways of satisfying the costs of mitigation. Prospective developers are encouraged-to meet with district staff on this .issue. Examples of means of mitigating the impact of the development in full or-in part include, but are not necessarily limited to the following: (1) cash contribution; (2) formation of a developer based or district based Mello-Roos district; (3) general obligation bond funds; (4) donation -of land for a future school site; (5) donation of acceptable school facilities; or (6) payment of the per footage developer fee. Approved: ' May 13, 1992 DURHAM UNIFIED SCHOOL DISTRICT Durham, California Durum Recreation and Park District o 21993 P. O. Box 364 DURHAM, CALIFORNIA 95938 Q10em+ iq$Ot�i� TELEPHONE (916) 345-1921 June 29, 1993 t� Mr. Larry Painter "i Butte County Planning Commission 1 7 Count Center Drive Oroville, Ca. 95965-3397 � y RE: Project Review & Environmental Evaluation - George Domon - Rezone --� •� �-.� if �• ' .— ..�, Dear Mr. Painter: :.�I have reviewed the informati (received from your office �+ regarding the George Domon,rezone, and the following -are mly"',, concerns: Our current facilities are�not-ad_equate for todays�re 'ieational -, ` demands. We are under staffed mor th�e we do�ffer. . Each additional individual"that-is added to our-'service` area impacts our ability to:provide_adequate� programs and facilities'.' (The ro osed project ect increases our J f . p p p � population base�by :a certain percenttand)our programs and fa cilities:;need to be able to absorb r! ,. , � . �� � , .,ice � �. ` �� that percentage or/be increasedeby that same percentage: ;•At.-'� + ft -this7time our abilit ies to`•do;that are non-existan Lt c an be lof�,furr her assistance, please call-me, t '� .`/,/'�'.. � 1 .fir � . =,- , �-� �.� , .�• ��. .�'�- s /�� Sincerely/yours, �r /�' , •,#;yr . . 1! f * �.� r'� �y rte/ \ I �'1 �. �. - _ r,�` ��..� _ �t �� "J amesrF,, �Brinson �� +" District"Manager ;' -•� - ,.':=;-Z�t � � 'f':`S'1`,`� tea` � .�.�.`• '.-•+ I„t 1 ..,�.,� r�—•• -- 1 �;/7 �,.z.-y �� _ `?�_ �tt.,,�(���1 �-i � -r-•',�-tom-,=:---,'� r--+-.-^�1-.-.< . _.:_..�-.---•-- JFB/rmc N w APPENDIX I .............. .............. .. . ....... ...... .......... ............ ... .. .... ........... File No. 93-21 AP No. 040-080-023, 024, 029,030,062, 063,040-100-011, & 012 I. BACKGROUND 1. Name of Proponent: George Domon 2. Address of proponent and representative (if applicable): 1847 Oro-Chico Hwy. Durham CA 95938 3. Project description: Rezone from A-10 to A-5 II. MANDATORY FINDINGS OF SIGNIFICANCE YES MAYBE NO DISCUSSION OF ENVIRONMENTAL EVALUATION-- ,=1. _-Does the project have thepotential to degrade the quality X This proposal will not significantly degrade the environment. of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of major periods of California history or prehistory? 2. Does the project have the potential to achieve short-term X This proposal will not impede long-term environmental goals. benefits to the detriment of long-term environment goals? (A short-term impact on the environment is one which occurs in a relatively brief period of time while long-term impacts will endure into the future.) 3. Doesthe project have impacts which are individually X This proposal will not have a significant cumulative impact on the limited imited b u t cumulatively considerable? (A project may environment. impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) 4. Does the project have environmental effects which will X This proposal will not have a significant adverse effect on human beings. cau:esubstantia I adverse effects on human beings, either directly ly or indirectly? III. DETERMINATION On ion: )(he basis of this initial evaluation: I/WE find the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. I/WE '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 the MITIGATION MEASURES described on the attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I/WE find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. COUNTY OF BUT DEVELO NT ERVIC DEPARTMENT DATE: July 6, 1993 By:"g and Craig .nd Reviewed by: f. E h kh t.:::.. ..Ev 1 fi n nuc nm n. I::.1 :::.:.::>: :>::> <:::.:<.::.::.:<.::..::.: ::.<:»::::::.<:. V. .C . ec . s ......._ a ua o _..o o e. to m act IV. ENVIRONMENTAL IMPACTS YES MAYBE 140 DISCUSSION OF ENVIRONMENTAL EVALUATION 1. EARTH. Will the proposal result in significant: a. Unstable earth conditions, or changes in geologic X The proposal will not affect subsurface earth conditions. substructures? b. Disruption, displacement, compaction or X This proposal will result in some disruption, displacement, compaction and overcovering of the soil? overcovering of the site as a result of development of structures, driveways, parking areas, etc. These impacts are not expected to be significant due to the relatively low density proposed of I dwelling unit per 5 acres. C. Change in topography or ground surface relief X The proposal will not affect topography because the building site is nearly features? level. d. Destruction, covering or modification of any X The site has no unique physical features. _ - - -_ ----- - - unique geologic or physical features? - - - - - - e. Increase in wind_ or water erosion- of soils, - - - X The proposal will not cause significant erosion. either on or off site? f. Changes in deposition of erosion of beach sands, X The proposal will not affect the deposition of soil or erosion in any or changes in siltation, deposition or erosion waterbody. Even though the land abuts Butte Creek, it is separated by an which may modify the channel of a river or stream existing levee. or the bed of the ocean or any bay, inlet or lake? g. Loss of prime agriculturally productive soils X This proposal represents a loss of prime agricultural soil. The property is outside designated urban areas? planted with what appears to be a healthy almond orchard that is in it's prime bearing years. The division of this land into 5 acre parcels or even 10 acre parcels, as the current zone allows, will significantly affect the viable use of the land for traditional agricultural uses. Five acre parcels could be used for hobby farming or more intense agricultural uses than orchards. Realistically, once the land is divided into 5 acre parcels and a home is constructed, there will only be about 4 acres of useable land. As the trees die or are removed, other accessory uses such as stables may replace the agricultural use. h. Exposure of people or property to geologic X All of Butte County is in a Moderate Earthquake Intensity Zone VIII. hazards such as earthquakes, landslides, Construction of buildings to Uniform Building Code standards for seismic zone mudslides, ground failure or similar hazards? 3, as required through the building permit application, will provide adequate protection to occupants in case of seismic activity. 2. AIR. Will the proposal result in substantial: a. Air emissions or deterioration of ambient air X The proposal will result in the potential for 9 additional parcels. This quality? will not significantly affect air quality because the increase in the number of vehicle trips is not significant. b. The creation of objectionable odors, smoke or X The proposal will not create objectionable odors, smoke or fumes. fumes? C. Alteration of air movement, moisture or X The proposal will not affect the atmosphere. temperature, or any change in climate, locally or regionally? 3. WATER. Will the proposal result in substantial: a. Changes in currents, or the course or direction X The proposal will not affect any watercourse. of water movements in either marine or fresh waters? sa X. x *x ..................... ......... X .......... E - .. ......... X" .. .... ......... .......... .... .. ..... ,.......... X: .... . ... ......... ....... .........: ........ X..:::::........ X Enver nmentd : . . ... ..... ............ .0. XX J: X., ...... ........... .. ........ :h: .. ... ........... . . ... .. r-0............ -.`:-:-: `-`­-,-'-`-­ .. �:: . . ..... ... ....... .... ............... .--�.. .. . ... ....... .... .... ...... :*.,., ... ...... W. 'K - . 0, . .. .... .. ........ ...... ........I ................ . .. .. ...... .......... b Changes in absorption rates, drainage patterns, X The proposal will not result in a significant increase in surface water or the rate and amount of surface runoff? runoff due to reduced absorption from impervious surfaces, and in a change in the drainage pattern on the site. C. Need for off-site surface drainage improvements, X No off site drainage improvements will be required for this project. including vegetation removal, channelization or culvert installation? d. Alterations to the course or flow of flood X The proposal will not significantly affect any flood control channels or waters? watercourses. Even though the property is within-a designated flood plain, new structures will not significantly affect the flow of flood waters because the area is protected from flood waters by a levee and would only flood if the levee were to breach. Homes built on this land must have a finished floor elevation I' above the flood elevation. a. Change in the amount of surface water in any A The proposal will not affect any watercourse. water body? f. Discharge into surface waters, or in any - - X The proposal will not significantly affect surface water quality. alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? 9- Alteration of the direction or rate of flow of - - X The proposal will not significantly affect the direction or flow of ground ground waters? waters. Water for future development will be supplied by groundwater. The amount used for residential purposes will be off set by the reduction in agricultural water usage. h. Change in the quantity or quality of ground - X The proposal will not directly affect any aquifer. waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? i. Reduction in the amount of water otherwise - X The project will not affect any public water supply. available for public water supplies? j. Exposure of people or property to water-related X See the discussion for item 3d. hazards such as flooding? 4. PLANT LIFE. Will the proposal result in substantial: a. Change in the diversity of species, or number of X The proposal will not affect the diversity of plant life on site. any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? b. Reduction of the numbers of any unique, rare or X The site contains no rare plants. endangered species of plants? C. Introduction of new species of plants into an X The proposal will not affect existing plant life. area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop? X The site contains a mature almond orchard that appears to be in it's prime bearing years. Approval of this request has the potential to divide 91 acres of orchards into 18 five acre parcels. Five acre parcels are not agriculturally viable for orchard use. Some other type of more intensive agricultural uses would be better suited for small parcels. Owners of these parcels will probably convert the orchards to another type of agricultural use or other accessory use such as a stable, over time. 5. ANIMAL LIFE. Will the proposal result in substantial: . ......... . . ... .......... ........ ......... . ........ ............. . ............... .................... ........................... .......... ..... X1: ... .... ........................ ...... ..... A W.X.X., ron ....... ............ '­­­­, ­­ --.. - - - 1. X:X.... ':.. ........... ................... ...... .... ........ . ..... .. .......... a. Change in the diversity of species, or numbers X The proposal will not significantly the diversity or number of animal life of any species of animals (birds, land animals because the site does not support significant animal life or habitat. including reptiles, fish and shellfish, benthic organisms or insects)? b. Reduction in the numbers of any unique, rare or X The site contains no rare animals. endangered species of animals? C. Introduction of new species of animals into an X The proposal will not affect existing animal life. area, or in a barrier to the migration or movement of animals? d. Deterioration of existing fish or wildlife X The site contains no significant wildlife habitat. habitat? 6. NOISE. Will the proposal result in substantial: a. Increases in existing noise levels? X The proposal will not result in a substantial increase in noise created on site or in the vicinity. b. Exposure of people to severe noise levels? X The proposal could reduce the noise in the area through the reduction in the use of large agricultural equipment. People who own five acre parcels will probably not have all of the equipment needed to maintain the orchard. The surrounding parcels are already divided into smaller parcels and are being developed as residential estates. 7. LIGHT AND GLARE. Will the proposal produce significant X The proposal will not result in a substantial increase in light or glare light and glare? created on site or in the vicinity. 8. LAND USE. Will the proposal result in a substantial X The proposal will alter the land use on site once the land is divided and alteration of the present or planned land use of an area? sold or developed. The proposed zoning and parcels that might eventually be created are consistent with the surrounding properties which are generally in the 5 acre range. The proposed zoning will be different than the surrounding lands which will remain A-10 even though the parcels are predominantly 5 acres in size. The A-10 zone was adopted in 1992 as part of the Durham, Dayton, and Nelson Area Plan. 9. NATURAL RESOURCES. Will the proposal result in substantial: a. Increase in the rate of use of any natural X The proposal will not affect any natural resources. resources? b. Depletion of any non-renewable natural resources? X The proposal will not deplete any natural resources. 10. RISK OF UPSET. Will the proposal involve: a. A risk of explosion or release of hazardous X The proposal will not involve the use of hazardous materials, nor is located substances (including, but not limited to, oil, close to any facilities which store or utilize such materials. pesticides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response X The proposal will not affect any emergency services. plan or emergency evacuation plan? 11. POPULATION. Will the proposal alter location, X The proposal will not significantly affect the population of the area because distribution, density or growth rate of the human the proposed density is compatible with the surrounding lands and is within population? the density range of the General Plan Land Use Element. 12. HOUSING. Will the proposal affect existing housing, or X The proposal will not significantly affect housing demand. create a demand for additional housing? 13. TRANSPORTATION/CIRCULATION. Will the proposal result in: 5 Env� MIX.]kiatnvironme.:.. .....a... oofE .. . : "aa . .oeE : : : : :.: :.: :. : : : : . a. Generation of substantial additional vehicle X The proposal will represent an incremental increase in traffic in the area. movement? Traffic volumes on area roads are generally light and they can handle the increased volume that may be generated by this project. b. Effects on existing parking facilities, or demand X The proposal will not affect parking because the proposal will have to comply for new parking? with the parking requirements contained within Butte County Code section 24- 35. C. Substantial impact on existing transportation X The proposal will represent a minor increase in congestion and maintenance systems7 requirements on area roads. The roads have the capacity to handle the increased traffic d. Significant alterations to present patterns of X At time of future land division, a requirement shall be made to provide circulation or movement of people and/or goods? circulation from Garden Road to Ackerman Ave. to the north. This should be addressed when at time of land Aivicion when a Specific lot configuration is propooed. e. Alterations to waterborne, rail or air traffic? X The proposal will not affect rail or air traffic. f. Increase in traffic hazards to motor vehicles, X The proposal will result in a minor incremental increase in traffic and bicyclists or pedestrians? related traffic hazards in the area that is not seen as significant. 14. PUBLIC SERVICES. Will the proposal have an effect upon, or result in a need for new or altered government services: a. Fire protection? X The proposal will result in an incremental increase in demand for fire protection in the area. The Butte County Fire Department/California Division of Forestry has indicated that cumulative development in rural areas will impact their ability to provide fire protection services. They have stated that installation of a pressurized community water system with fire hydrants or automatic fire suppression sprinkler systems in residential structures, the use of fire resistance building materials and water supply systems adequate to support the sprinkler system will reduce the demand for fire protection services. This mitigation is best addressed at time of land division. b. Police protection? X The proposal will result in an incremental increase in demand for police protection in the area. The Board of Supervisors has adopted a Sheriff impact mitigation fee that is collected at the time of building permit submittal. This condition reduces the impact to police services to a less than significant level. This is best addressed at time of land division. C. Schools? X The proposal will result in an incremental increase in demand for school services in the area. All new residential units allowed by this project will be subject to the collection of school impact fees, as allowed by the School Facilities Law and adopted by County ordinance. These fees are collected at the time of building permit application. While the school district maintains that the allowed fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees and takes the position that the existing fee structure addresses the impacts of the project. d. Parks or other recreational facilities? X The proposal will result in an incremental increase in demand for park and recreation facilities in the area. The Durham Recreation District does not currently have impact fees. Normally fees are collected at time of building permit application. Homes constructed in the future may be subject to recreation impact fees. e. Maintenance of public facilities, including X The proposal will result in an incremental increase in the need for roads? maintenance of roads and other public facilities in the area that will be only partially off set by the collection of new property taxes. f. Other governmental services? X The proposal will result in an incremental increase in demand for all other :.;:.;..:::.::.;.;:: ....::::.. .:..::....::::...:....:::...: 6 E xxx: v : mental : h kl� n. iron C ec Ev f� f..: ;::::::::::>::>::::::::>:::<::::::>:.:<::>:«:::::<:::> :<::»::>:::>:<::::::;::::<>:::::>::>:::::, ::: st......... .. .alua ono..:::En..:ironmental:.:lm act::.............................................................................:....:..:....:.:....:::::..:..::.:.::.:::::.:::::::::.: P :: :: :.::.::.;. K. governmental services in the area that will only be partially off set by the collection of new property taxes. This impact would be better discussed at time of land division. 15. ENERGY. Will the proposal result in: a. Use of substantial amounts of fuel or energy? X The proposal will not utilize substantial fuel or energy. b. Substantial increase in demand upon existing X The proposal will not substantially increase the demand for energy. sources of energy, or require the development of new sources of energy? 16. UTILITIES. Will the proposal result in a need for new systems, or substantial alterations to the following: a. Power or natural gas? X The proposal will not affect electrical powor of natural gas distribution systamc. b. Commnnicatiann ayslems'! X The proposal will not affect communication systems. C. Water availability? X The proposal will not affect public water systems. d. Sewer or septic systems? X The proposal will have to meet the requirements of the Butte County Environmental Health Dept. e. Storm water drainage? X The proposal will have to provide a permanent solution for drainage. f. Solid waste and disposal? X The proposal will not affect solid waste disposal. 17. HUMAN HEALTH. Will the proposal result in: a. Creation of any health hazard or potential hazard X The proposal will not create any health hazard. (excluding mental health)? b. Exposure of people to potential health hazards? X The-proposal will not expose people to any health hazard. 18. AESTHETICS. Will the proposal result in the obstruction X The proposal will not result in an aesthetically offensive view because it of any scenic vista or view open to the public, or will the is consistent with surrounding development. proposal result in the creation of an aesthetically offensive site open to the public view? 19. RECREATION. Will the proposal result in an impact upon the X The proposal may result in an incremental increase in demand for park and quality or quantity of existing recreational opportunities? recreation facilities. See the discussion for item 14d. 20. CULTURAL RESOURCES. a. Will the proposal result in the alteration or X The subject property is located in an area where archeological sites may destruction of a prehistoric or historic occur. It will be necessary to perform a records check through the archaeological site? Department of Anthropology at California State University, Chico, prior to land division, to determine if significant sites may be located on the property. If so, an archaeological survey of the property may be necessary. b. Will the proposal result in adverse physical or X The proposal will not affect historic sites. aesthetic effects to a prehistoric or historic _ building, structure or object? C. Does the proposal have the potential to cause a X The proposal will not affect cultural resources. physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or X The proposal will not affect religious resources. sacred uses within the potential impact area? .:..::.::.:.:...::.:. 7 E v�.ronrnentai::.Ch . kl o ... f e I.: ..:::.:::: act............... ' ;s `. ...................... mental . m act ....................:................................. V. SUGGESTED MITIGATION MEASURES 1. No mitigation measures are recommended at this time. I l X ...... ......... ...................... ... .... ... ..... .. .............. .... .......... " ..... .. ......... .... ..................................................... ................I............. ...... .... ........................... .. ..... Eh t61 ft . . . ........... ... ......... ....... .. ..... DATA SHEET A. Project Description 7. Air Quality: Good, except during periods of stagnant valley air. 1. Type of Project: Rezone Biological Environment: 2. Brief Description: Rezone of 91 acres from A-10 to A-5 a. Vegetation: Almond trees 3. Location: Located on the east side of Butte Creek between Oro-Chico Hwy. and Garden Ad., in the Durham area. 9. Wildlife Habitat: Small birds and animals common to orchard lands. 4. Proposed Density of Development: The potential will exist of ra density of I dwelling unit per 5 acres Cultural Environment: S. Amount of Impervious Surfacing: Minimal. 10. Archaeological and Historical Resources in the area: High sensitivity area. 6. Access and Nearest Public Road(s): Access to Lott Road via direct frontage, Garden Rd. and Ackerman Ave. 11. Butte County General Plan designation: Orchard and Field Crops 7. Method of Sewage Disposal: Individual septic systems. 12, Existing Zoning: A-10 B. Source of Water Supply: Individual wells. 13. Existing Land Use on-site: Almond orchard 9. Proximity of Power Lines: To property. 14. Surrounding Area: a. Land Uses: Residential ranchettes 10. Potential for further land divisions and development: The potential b. Zoning: A-10 will exist for 18 five acre parcels under the proposed zoning. C. Gen. Plan Designation: Orchard and Field Crops d. Parcel Sizes: Predominantly 5 acres B. Environmental Setting a. Population: Very low density Physical Environment: 15. Character of Site and Area: Developing ranchettes 1. Terrain 16. Nearest Urban Area: Chico, approx 6 miles away a. General Topographic Character: Level valley land b. Slopes: 0 to 2% 17. Relevant Spheres of Influence: Durham Recreation District C. Elevation: 175 to 185 feet above sea level. d. Limiting Factors: None is. Improvements Standards Urban Area: No 2. Soils 19. Fire Protection Service: a. Types and Characteristics: Vina Loam - deep, well drained, a. Nearest County (State) Fire Station: Station #45, prime agricultural soil, suitable for a wide variety of Durham, approximately 4 miles away. crops, b. Water Availability: Fire tankers only. b. Limiting Factors: None 20. Schools in Area: Durham Unified School District. 3. Natural Hazards of the Land a, Earthquake Zone: Moderate Earthquake Intensity zone VIII. b. Erosion Potential: Low C. Landslide Potential: None d. Fire Hazard: Unclassified - Urban e. Expansive Soil Potential: Moderate to low 4. Hydrology 8. Surface Water: Butte Creek forms the westerly boundary of the property. b. Ground Water: Abundant valley aquifers. C. Drainage Characteristics: The property drains to the southeast but can be graded to drain in almost any direction. d. Annual Rainfall (normal): 24 inches per year. a. Limiting Factors: None 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. .................... ...................... .. ............................. ... ...........................X .................................... X.............................. ......... X xx, ::" 10 :X.X ............ ............................. ....... ........ ... . .... .. .... ............ ......... .................. .. ....... ........................................ ......... ................. ........ ..... .......... ......... ......................... ... .... .... ............... ... ... ............. ............... ......... ................. 0... X... ... ...... ........ ...................... .. ..... 6 ........ ................ ......... .... . ............... ..... ........ ...... xx................................. 11 .... robin ... ....... ..i!C d6ki d ... Efivirdn'­­' " 1:::: h i . ........ .. ............. m n ............. ..... .. .. ............... .............. ........................ . ..... ............................................ ................. ....... ............. ...... ... .................. .................... ............... ...... .... ............................ .......... .............................. ........ . ....... ............................................ ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. 12. Butte County Board of Supervisors. Oroville, CA: CH2M Hill, 1977. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: 2. Butte County Planning Department. Liquefaction Butte County Planning Department, 1987. Potential Map 11-2, Seismic Safety element. oroville, CA: CH2M Hill, 1977. 13. National Flood Insurance Program. Flood Insurance Rate maps. Federal Emergency 1. Butte County Planning department. Subsidence and Management Agency, 1989. Landslide Potential Map 111-1, Safety Element. oroville, CA: CH2M Hill, 1977. 14. USGS Quad Maps, Chico, Calif. 4. Butte County Planning Department. Erosion 15. Soil Map, chico (1925)/Oroville (1926) Potential Map 111-2, Safety Element. Oroville, CA: Area. United States Department of CH2M Hill, 1977. Agriculture. 5. Butte County Planning Department. Expansive Soils 16. Soil Survey of Chico (1925)/Oroville Map 111-3, Safety element. oroville, CA: CH2M (1926) Area. United States Department of Hill, 1977. Agriculture. 6. Butte County Planning Department. Noise element 17. Butte County Planning Department. Butte Map IV-1, Scenic Highway element. Oroville, CA: County Fire Protection Jurisdictions and . CH2M Hill, 1977. Facilities Map. Butte county fire Department and California Department of 7. Butte County Planning Department. Scenic Highways Forestry, 1989. Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. oroville, CA 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. BUF_:_- COUNTY PLANNING COM31ISS7 _L planning Department 7 County Center Drive Environmental Health • Oroville, CA 95965-3397 1 • JUL 01 1993 (916) 538-7601 JUN Z ? 1993. Orovlll�Sq, is Oroville,California DATE: JUNE 17, 1993 RE: PROJECT REVIEW & ENVIRONMENTAL EVALUATION GEORGE DOMON - REZONE Enclosed is preliminary data our office has received or generated concerning the following project: REZONE 93-22 TO A-5 Located on the east side of Butte Creek North of Garden Road and South of Chico Oroville Hwy, Durham Area. Zoned A-5, A-10 AP#040-080-023,024,029,030,062,063/040-100-011 We are making an assessment of possible environmental impacts and will be preparing an environmental document, either a Negative Declaration, Negative Declaration with Mitigation Measures or an Environmental Impact Report (EIR) . Please provide any factual statements, ideas for investigation, or opinions you can offer in your area of concern or expertise that relate to either physical, social, or economic impacts that this project may generate. Please respond within 14 days of the above-noted date. If no response is generated by this inquiry, then it shall be assumed that there are no significant environmental impacts which are potential from the project. We appreciate any assistance you can provide. Sincerely, Larry Pa' er Planning Technician Comments: ss e_t. �� ....�_ Y-g� IX ..i e s ` v ✓1�a .a�S 1'+�1 R��� - S�w�i3. 4 erg., �f 1 Does your agency wish to receive a copy of the environmental document (initial study for Negative Declaration (with or without Mitigation Measures) or EIR for this project) . Yes No ;t� „r i. _i ' z v �. s.UAI...��j;cc � a' h{''i'1 F BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that public hearings will be held on Thursday, August 26, 1993, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEM DETERMINED TO-BE A-GENERAL RULE EXEMPTION FROM ENVIRONMENTAL REVIEW _ 9:00 a.m. - Ron White Rezone from TM-1 (Timber Mountain - 1 acre parcels) to remove a conditional zoning agreement on property located on the north. side of Wanda Zane at its intersection w_th Barry Lane, identified as AP_ 056-280-042, Forest*Ranch. (File 93-24) (TL) ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW 9:00 a.m. - Aldersgate United Methodist Church - Use Permit to allow the addition of Sunday school class rooms and remodeling of the front entrance of an existing church—on-on property zoned R-3 (Residential) located on the northwest corner of Cohasset Road and Burnap, identified as AP 007-290- 040, Chico. (TL) ITEM ON WHICH A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED George Domon - Rezone from A-10 (Agricultural - 10 acre parcels) to A-5 (Agricultural - 5 acre parcels) for property located on the east side of Butte Creek, north of Garden Road and south of Chico Oroville Highway, identified as AP 040-080-023, 024, 029, 030, 062, 063, and -040-100-011, Durham. (File 93-22) (CBS) The above mentioned applications, environmental document, and maps are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION PAULA S. LEASURE, ASSISTANT DIRECTOR OF PLANNING To be published in the Chico Enterprise Record on Thursday, July 22, 1993. BT--- COUNTY PLANNING -COMMIS!" 7 County Center Drive Planning Department uroville, CA 95965-3397 (916) 538-7601 JUN 2 2 1993 TO: � �GD�J�' DATE: ''JUNE 17, 1993 Oroville,California RE: PROJECT REVIEW & ENVIRONMENTAL EVALUATION GEORGE DOMON - REZONE Enclosed is preliminary data our office has received or generated concerning the following project: REZONE 93-22 TO A-5 Located on the east side of Butte Creek North of Garden Road and South of Chico Oroville Hwy, Durham Area. Zoned A-5, A-10- AP#040-080-023,024,029,030,062,063/040-100-011 We are making 'an assessment of possible environmental impacts and will be preparing an environmental document, either a Negative Declaration, Negative Declaration with Mitigation Measures or an Environmental Impact Report (EIR) . Please provide any factual statements, ideas for investigation, or opinions you can offer in your area of concern or expertise that relate to either physical, social, or economic impacts that this project may generate. Please respond within 14 days of the above-noted date. If no response is generated by this inquiry, then it shall be assumed that there are no significant environmental impacts which are potential from the project. We appreciate any assistance you can provide. Sincerely, Larry Pa' er Planning Technician Comments: This individual rezone has no impact on the dire Department, developments is increased demand for fire protection services and higher costs to the county- L4 Does your agency wish to receive a copy of the environmental document (initial study for Negative Declaration (with or without Mitigation Measures) or EIR for this project) . Yes No O.}�•r.f�� i-,3<tit^,r ."�a'.•.pt? t'; yEi7 � +ie.:a� 1 ...! `' ,j t .... •Nr':r'V t.Yr4^.95�ils tJl+�t" �^� � i11H/;f"J,,"r (• iCuj,{lr..a � V' . i ;� ,�U ,�.t yl'ii. �ar,S:+ .•i1r��tL"•ws;;t�J ?.#�n,i"•.!+��.$ �i:� d,t-f� ..:��.-•S'7..:���tt�y L� :'Yi,..�.i :'3 �: 1 ,�rh . t rI• i a ♦ r r, r• ..�w.a- ..� o%.�i++i.S>.�. �:1 �n:.J�S'vi. �8c��9F'i�.+4 _ tits'! ii r^�- r•r;� a moo•,. +•:`, t'a. �Yi� t.� ,:::�;C.��'£'t '`�!'�i;,,� crdo BU`. COUNTY PLANNING COMMISS-1 7 County Center Drive piannia9Dep a�tenant Oroville, CA 95965-3397 N 2 1993 (916) 538-7601 �U Otovllla,California TO: �� � '-� DATE: JUNE 17, 1993 RE: PROJECT REVIEW & ENVIRONMENTAL EVALUATION GEORGE DOMON - REZONE Enclosed is preliminary data our office has received or generated concerning the following project: REZONE 93-22 TO A-5 Located on the east side of Butte Creek North of Garden Road and South of Chico Oroville Hwy, Durham Area. Zoned A-5, A-10 AP#040-080-023,024,029,030,062,063/040-100-011 We are making an assessment of possible environmental impacts and will be preparing an environmental document, either a Negative Declaration, Negative Declaration with Mitigation Measures or an Environmental Impact Report (EIR) . Please provide any factual statements, ideas for investigation, or opinions you can offer in your area of concern or expertise that relate to either physical, social, or economic impacts that this project may generate. Please respond within 14 days of the above-noted date. If no response is generated by this inquiry, then it shall be assumed that there are no significant environmental impacts which are potential from the project. We appreciate any assistance you can provide. Sincerely, Larry Pa' er Planning Technician Comments• 7yc�✓� 2, cow Does your agency wish to receive a copy of the environmental document (initial study for Negative Declaration (with or without Mitigation Measures) or EIR for this project) . Yes No :)r BUTTE JUN 17 1993 Land Development'Sec. i 'TE COUNPLANNING COMMI! ON 7 County,Cent4ar Drive Oroville, CA 95965-3397 ' (916) 538-7601 TO: Q_e-4-0ex j-. DATE: JUNE 17, 1993 RE: PROJECT REVIEW & ENVIRONMENTAL EVALUATION GEORGE DOMON - REZONE Enclosed is preliminary data our office has received or generated concerning the following project• REZONE 93-22 TO A-5 Located on the east side of Butte Creek North of Garden Road and South of Chico Oroville Hwy, Durham Area. Zoned A-5, A-10 AP#040-080-023,024,029,030,062,063/040-100-011 We are making an assessment of possible environmental impacts and will be preparing an environmental document, either a Negative Declaration, Negative Declaration with Mitigation Measures or an Environmental Impact Report (EIR) . Please provide any factual statements, ideas for investigation, or opinions you can offer in your area of concern or expertise that relate to either physical, social, or economic impacts that this project may generate. Please respond within 14 days of the above-noted date. If no response is generated by this inquiry, then it shall be assumed that there are no significant environmental - impacts which are potential from the project. We appreciate any assistance you can provide. Sincerely, Larry Pa' er Planning Technician Comments: Does your agency wish to receive a copy of the environmental document (initial study for Negative Declaration (with or without Mitigation Measures) or EIR for this project) . Yes No D 2 S TR 2 BUT S ON L S S T F OR C Or�IENT S OyO- O�O -023�-- �ZUN� ^County ..Public "Warks RESOURCE MANAGEIriENT Oounty Environmental Health T State Water Resources Department City of Biggs U.S.. Farest Service City of CYI.Lco U.S . Bureau of Land Management "ity of Gridley Butte- County .Mining. Committee City of Oroville State Department- of Fish & Game Town of Paradise - California Native Plant Society Planning Department State Div. Forestry - attention State Transportation Department Craig Carter Regional Water Qual. Control Bd. VA State Reclamation Board DOME STI C WATER Butte Water District SEWERS California Water Service Co. Richvale Sanitary District Del Oro Water Co. North Burbank Pub. Util. Dist. OWID Skansen Sub. ( CSA #21 ) Thermalito Irrigation District Stirling City 'Sewer Maint. Dis`. Other Thermalito Irrigation District (CSA #26 ) i UT IL=TS E S T RR=GAT S ON WATER -> PG&E North (Chico) Biggs-W.Gridley Water District PG&E South (M ) Butte Water District Pacific Bell Durham Irrigation District State TV Cable OWID Viacom TV Cable Paradise Irrigation District Richvale Irrigation District 'Table Mountain Irrigation Dist. FIRE PROTECT=ON Thermalito Irrigation District E1 Medio Fire Protection Dist. County Fire Department/CDF DRA='_NAGE D2STRSCT MOS LTTTO ARAM-M- ENT DTSTR CT am, Oroville or Butte County RE CLAMAT T ON D T STR I CT POL T CE PROTECTS ON State Highway Patrol .,�County Sheriff OTHER, SCHOOL D I SIRS CT COMM I TTEE S/COMM2 S S S ON S RE CREAT S ON FAC=L 2 T=E S Chico Area Recreation District Paradise Pines Architectural Durham Area Rec. & Park Dist. Control Committee Feather River Rec. & Park Dist. Butte County Farm Bureau Paradise Rec. & Park Dist. Community Association: Richvale Rec. & Park Dist. State Parks & Rec. Dept. t. BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that public hearings will be held on Thursday, August 26, 1993, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEM DETERMINED TO BE A GENERAL RULE EXEMPTION FROM ENVIRONMENTAL REVIEW 9:00 a.m. - Ron White - Rezone from TM-1 (Timber Mountain - 1 acre parcels) to remove a conditional zoning agreement on- property located on the north - side of Wanda Lane at its intersection with Bar Lane, identified as AP . . Barry 056-280-042, Forest Ranch- (File 93-24) (TL) ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW 9:00 a.m. - Aldersgate United Methodist Church - Use Permit to allow the addition of Sunday school class rooms and remodeling of the front entrance of an existing church on property zoned R-3 (Residential) located on the northwest corner of Cohasset Road and Burnap, identified as AP 007-290- 040, Chico. (TL) ITEM ON WHICH A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:0Da.m. George Domon - Rezone from A-10 (Agricultural - 10 acre parcels) to A-5 (Agricultural - 5 acre parcels) for property located on the east side of Butte Creek, north of Garden Road and south of Chico Oroville Highway, identified as AP 040-080-023, 024, 029, 030, 062, 063, and 040-100-011, Durham. (File 93-22) (CBS) The above mentioned applications, environmental document, and maps are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION PAULA S. LEASURE, ASSISTANT DIRECTOR OF PLANNING To be published in the Chico Enterprise Record on Thursday, July 22, 1993. j 3ff�f 'Fil h o'�+`�,. 1 r ... .-__.... ..«-......,.n..-w+n.+o...... - ..r• f 0VRHAM STATE LAND SETTLENEA,r T2IN.! �' � ,N . R. 2E. /�l. D - . lel. 40- /O I /0/1 .5 499.89 -93Z01-- 33 937.01- -- 33 �I LOT 11 /2 ISO XI e 39 •1� II 34 / I 35.24AC 5.23AC cr1Q B.B4AC. I --I�- ----------- I,,-J400, 499.99 ; p 93T.10 35 22 p I �� � o 23 ,T �N LOT 2/ 5.21 AC. N to 937.10 36 g2 0 • / I O 5.0/AC. 1 I PM98-391410 937.10 n+ /3 zl 09 N lN L0T3/ LOT4/ � e / I to 5.23AC J h 32 33 5Oc± 5.01AcJ PM/03-873 1 Pn+ Ta-ao! 31 ( G RDEN III 499.99 I ROAD 1 .703.0 346.8 J59.B 4 .-W 171.8? 171.6?se /71.81 1'51.19 1 � 1J 1.12AG� 1.1 AC' 2 46 43 4 3 2 uI �° I � a - 24 25 26 42 n w1 4 c 2AC ' PIM 1►5-57 172.66 1 0 o e � 718.2 1 14 _!/' 2 ° 3 5.0/AC. eu� 5.0/AC ° l6 1 3. AC 24.46Ac 5 46Ac 21 /5 7. 12AC ul I ` ( 6) P/A/46-02 6 516. 203 I/ 360.01 6 5 6 0 ' 36Q0/ 1 O O 3 _s32 2 1 4 l.Ac� ) 55 •� O � f LO/Ac 3 3 / 482 oO �• :r.o�-! O 1 ------- 52/AC. 5.24 AC. i4 ' 'PIAW 48-96 PM 117-843 02 2 5/ q 5O RSIIO-34 / 52 1.0/A- L1lAe 318. • F. P/ M 42-0/ BREE MEADOWS • O BREE MEADOWS SUBDIVISION /22 M.O.R. 22/24 2-6-9/ LOTS !-7 Assessor's Map No. 40-/O DURHAM. STATE LAND SETTLEMENT M.0 R. 6k.6 Pg.23 NOTE-ASSESSOR'S PARCEL BLOCK County of Butte,' Calif. 8 LOT NUMBERS SHOWN IN CIRCLES REVISED- 2-91 • �.. 'kaUv �-0, 14N 40- 08 ACKERMAN TRACT r 21N R. 2E. <<F M.�,. . �M. 0 � 62 y�4}- 207 X63 � D 22.16AC6 z- G i S ou l` 24 i2 51 (4 47 48 o-a5•Ac 0. l" C'14 ICO UNIFILD SCtACGL DVS E!_i 1 ► IMAAC2 E'w p 021-4 A VM 5 C�-i o�L t i t n i vM o 5.-92.AC 1 2.f3W 3.27*AC I Q �.gBB. n1 P /A[ 1) to 36.05 AC N 890 53 00 w 793(2) 49 co o52 4 v 5.74*AC / 26 Ir b M70 299AC O� �[ n .' P -ffi 797.44 4 I 3 0 O`5 1936:391 /8 37,AC. PTN9 PTN a 362 332 I 335 380 N o 0, 5 5 �•a 4 9 3 Z _ I _ o _ �• w N MB.4681739 GHQ, 69 68 i 67 66 ,� 65 64 o P PCL 42-48AC 3.70AC, 5.O/AC 'o I 5.OIA /a 33 O. AC 60 572.42" ( .� 40 I `O 3.3 Ac. �. 4 I ( DIXON RANCH $UB 58 411.13 4 4.52AC �1 I 16.J7At. I0/.61 PM 7-17261.016 `x.73+ - ACK SAN 335 311 AV 128824 fa 3.55 A C. I 54 /./2AC. 2.15 Ac j 7 ��88 t 248.0 O/3/5AC jzz.fis uP400 20 "c 1500 9t*a 39636 jC Assessors Mop No. 40-08 County of Butte, CA. DIXON RANCH SUB, 108M.O.R.56151, 12-22-87 March, 1953 ACKERMAN TRACT M.O.R. 3-26 REVISED:DECEMBER,19df