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REZ 99-02_PLANNING
q SEPARATOR SHEET AN 073 - 2/v - C+2� PROJECT NUMBER REZ R9 -oz 99-68 Public Hearing - Dreisbach Family Trust - Rezone - consideration of a rezone from "U" (Unclassified) to TPZ-160 (Timber Preserve Zone;-160 acre minimum) for a 52 acre parcel contiguous to a TPZ-160 . zone, on property located southeast of the intersection'. of Binet Road and Mooreville Ridge Road, north of Clipper Mills , -m: action requested - .SUBJECT TO ENVIRONMENTAL FINDING (A) , AND ' GENERAL- PLAN CONSISTENCY FINDINGS (A-D) AS DETAILED IN THE STAFF, REPORT DATED MARCH .9, 1999, FIND THIS PROJECT TO BE'. STATUTORILY, EXEMPT FROM THE PROVISION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND ADOPT AN ,ORDINANCE APPROVING ZONING AMENDMENT 99-02 TO REZONE THE SUBJECT 52 ACRE PARCEL FROM "U'; (UNCLASSIFIED) TO .TPZ-160 (TIMBER PRESERVE ZONE - 160 ACRE PARCELS) (STAFF REPORT DATED MARCH 9, 1999) . (2342) PUBLIC HEARING OPENED 10:27 A.M. PUBLIC HEARING CLOSED 10:27 A.M. MOTION: SUBJECT TO ENVIRONMENTAL .FINDING (A) , AND GENERAL PLAN _ CONSISTENCY FINDINGS (A-D) AS DETAILED, IN THE STAFF REPORT -DATED MARCH 9, 1999,E I MOVE TO 'FIND 'THIS PROJECT TO BE STATUTORILY EXEMPT FROM THE PROVISION OF THE -CALIFORNIA ENVIRONMENTAL QUALITY NA ACT AND ADOPT ORDINCE 3494 APPROVING ZONING AMENDMENT 99-02 TO REZONE THE SUBJECT 52 ACRE PARCEL FROM "U" (UNCLASSIFIED) TO TPZ-160 (TIMBER PRESERVE ZONE - ,160 ACRE PARCELS) . M . S _ V VOTE: . 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 9, 1999 JECT SUMMARY SHEET ,le` FILE#: REZ'99=02 PROJECT TYPE: Rezone ' APPLICANT: Dreisbach Family Trust I ADDRESS: P.O.Box 7509,Oakland,CA 94601 OWNER: ADDRESS: -REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Rezone from Unclassified to TP7-160 for a 52-acre parcel that is contiguous to a TPZ-160 zone PROPERTY ZONED: U LOCATED: southeast of the intersection of Binet Road and Mooreville Ridge Road AP#: 073-210-006 TOWN/AREA: Clipper Mills I GENERAL PLAN DESIGNATION: Timber Mountain 1. Application complete: December 31, 1998 Amount: $ Receipt#: 2. Comments sent to: E.H.,LAFCO,DEV.SERV.,ASSES.,P.W.,AG.COMM.,CDF,FORESTRY,FISH&GAME 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Stephen Betts 7. Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish&Game:_U� Environmental Impact Report Gen.Rule Ex.-CEQA#15061.(bx3) Other cS � t V Y%,er 5ce.A-io6 %, 2la 8. Staff Report: Project Video: �V b 9. Clearinghouse circulation required: Yes No Date Sent to SCH: 10. Publication Notice Written: Display Ad Prepared: 11. Notices Mailed: Number of Notices: 12. Newspaper Publication Date: /'0') C P G B 13. Planning Commission Hearing(s): Action taken: Special Conditions: Commission Resolution No. _ (�L} C 14. Board of Supervisors'Hearing(s): / / 0 Action taken: Board Resolution No.: Ordinance No:�3 -� Adopted: 15. Type Use Permit/Send for signature: 16. N.O.E./N.O.D./APPENDIX G: Fish&Game Fees Paid: Yes No 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use Permit/Variance to Planning Technician: CLTA STANDARD COVERAGE POLICY ORDER NO. BU-167129 DP EXHIBIT "All THE LAND REFERRED TO, IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, AND IS DESCRIBED AS FOLLOWS: PARCEL I: THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; AND THE SOUTH 10 ACRES OF' THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL IN - SECTION 35, TOWNSHIP. 20 NORTH, RANGE 7 EAST, M.D.B. & ,M. PARCEL II: ALL THAT PORTION OF THE NORTHWEST QUARTER OF- THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 20 NORTH, RANGE 7 EAST, M.D.B.. & M. , DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 10 ACRES OF THE NORTHWEST QUARTER OF THE .NORTHWEST QUARTER OF SAID SECTION 35, SAID POINT BEING IN THE CENTERLINE OF THAT CERTAIN COUNTY ROAD KNOWN AS THE BINET ROAD, FROM WHICH THE QUARTER SECTION CORNER BETWEEN SECTIONS 34 AND 35, SAID TOWNSHIP AND RANGE, BEARS SOUTH 15 DEG. 16' WEST, A DISTANCE OF 1730.90 FEET; THENCE ALONG THE CENTERLINE OF SAID ROAD, THE FOLLOWING COURSES AND DISTANCES NORTH 8 DEG. 43 ' EAST, 183 . 60 FEET; NORTH 70 DEG. 14' EAST, 63.25 FEET; SOUTH 80 DEG. 03' EAST, 88.40 FEET; AND SOUTH 53 DEG. 24' EAST, 297.50 FEET TO A POINT IN THE NORTH LINE OF SAID 'SOUTH 10 ACRES OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE ALONG SAID NORTH LINE, SOUTH 88 DEG. 35' WEST, A DISTANCE OF 413. 38 FEET TO THE POINT OF BEGINNING. Planning®Avlsion PAGE 4 DEC -1 1 1998 Oroville,Calwomia Dec-30-98 08: 51 butte county planning 530 538 7785 P. 12 DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agcot wfumadoa to be pmvidscl Is an other ddr. APPLICANT'S NAME(Cf Ii t is d' t from awsw op at is inquired) ASSESSOR'S PARCEL NUMBER. 7'h .Oil?-177 �i I2i� r --2150~5 ADDRESS: CITY,STATE d:ZIP CODE: FILE NUMBER: (FOR OFFICE Ust) NAME OP PROPOSED PROJECT(Itsey) TELEPHONE � Lpo LOCATION OF PJFCT(Major cross sotwta cod Addras. if any) I 'PAP OENERAL INFORMATION REQUIRMOW ! rbl14Eo Dil6ly ,�GrS� TELEPHONE ADDRESS: CITY.STATE d ZIP CODE. j G RAC PLAN FJCSTING LAND IJSE SITE SIZE(in Squom Feet or Aeras) W&444 F-im-mo STRUCTURES(in ST"m Feet) PROPOSED STRUCNRES i in Squarc Fcct) (Check Ono) (Check Ow) D PROPERTY IS OR PROPOSED TO BE SEWERBD Q PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEP'T'IC �'PROPERTY IS OR PROPOSED TO BE ON WELL WATER � APPLICATION REQUESTED a GENERAL PLAN AMENDMENT p TENTATIVE SUBDIVISION MAP REZONE CI TENTATIVE PARCEL MAP ❑ USE PERMIT p WAIVER OF PARCEL MAP p MINOR USE PERMJT [} BOUNDARY LINE MODIFICATION C3 VARIANCE p LEGAL LOT DETERMINATION p MINOR VARIANCE p CERTIFICATE OF MERGER p ADMINISTRA11VE PERM'T © MINING AND RECLAMATION PLAN 0 DEVELOPMENT AGREEMENT p OTEM PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROTECT(ARach necessary shoets. If this /ajppli tion is For s land di%isiioo.dd�esscr' hhe number and sizo or parcels.) YX ��R ,� Q� IPAt0 `G!�! �/ 4 B/!�/G p J�w le OWNER CERTIFICATION 1 CERTwy THAT i AM PRFiSPNfLY THE LEGAL OWNPR OR THE AVMORMW AGENT OF TIS OWNER OF'rtW ABOVE UES(:)USEU FKUNEK1'l. FuRmZR.1 ACKNOWLEDGE THIS PM240 OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFtjR.%#W1WN Is TKUE ANU ACCURATE. (Van aloof• w M s aaaoara as@i adavit oftuttwriutioo and include the afro4nit wi a a"1icait .) DATE: �� �® 9� SIGNATURE: T9 A02rh / F 16 6 ft r NEC 3 11998 Oroviiie,Caiifornie � \g i i I _ L EL: 073 210 059 000 STATUS: A _�- K:IMZEY .JOHN S & EDITH L FAMILY R �, ��� EL: 073 210 006 000 STATUS: A KIMZEY JOHN S ;: EDITH L TRUSTEES DREISBACH FAMILY TRUST P 0 BOX 1051 DREISBACH RONALD T & MARIANNE L WOODLAND CA 95776-1051 `. P 0 BOX 7509 � OAKLAND CA 94601 EL: 073 210 060 000 STATUS: A STAFSHOLT WILLIAM D ETAL ' EL: 073 080 014 010 STATUS: A SMITH EMELY J REVOCABLE LIVING T 4 5320 PAL MAL AVE SMITH EMELY J TRUSTEE TEMPLE CITY CA 917eo 944 DEWING ST APT 1-D L'.AFAYETTF_ CA 94549 E EL: 073 210 061 000 STATUS: A C I MARUST I ROCKY M & DEI DRE EL: 073 210 007 000 STATUS: A GYARMATHY JOSEPH & PATRICIA R 4426 NEWTON ST TORRANCE CA 90505 1186 MERRITT LANE HAYWA;D CA 94545 EL: 073 210 045 000 STATUS; A KERR STEPHEN P & JULIE K EL: 073 210 008 Sas 0 STATUS: A SHAT FF ER KIRK W SS 1 P 0 BOX 364 STRAWBERRY VALLE CA 95981 � 4elO S W LOWELL CT i F`OF°TLAND OR 97221 EL: 073 220 002 000 STATUS: A S I LLER BROTHERS INC EL: 073 210 i 010 000 STATUS: A POOLE NELL S � 1255 SMITH RD POOLE DONALD, YUBA CITY CA 95991 737 LOU I SE AVE YUBA CITY CA 95991 ` EL: 073 210 029 000 STATUS: A SOPER WHEELER P 0 BOX 359 STRAWBERRY VALLE: CA ?i.5981 _ U Project Location FU 1 TPZ-160 TM-40 TPZ-160 �a car f i U U - ® O, `u U '% TP 160 2M :. a ,� _�Clip-der Road U ,,TPZ-160 - - BUTTE COUNTY BOARD of SUPERVISORS Applicant: Dreisbach Family Trust Owner: Same Hearing Date: March 9, 1999 @ 9:00 a.m Existing Zone: U(Unclassified) N Request: Rezone from Unclassified to TP2r160 for a 52 acre parcel that is contiguous to a T ?-160 zone. No Scale Assessor Parcel No: 073-210-006 File:99-02 • DECLARATION OF FEES DU� ` t"*Pfifornia Fish and Game Code SectioniT1.4 ( ) NAME AND ADDRESS OF APPLICANT Dreisbach Family Trust P.O. Box 7509 Oakland, CA 94601 (510) 533-6600 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee ( ) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION- FEE REQUIRED ( ) A. Negative DeclarationIL WMEW �. tate Filing$1,250 S g Fee M1 Lil $25.00 Clerk's Documentary Handling Fee1999 ( ) B. Environmental Impact Report APR 9 $850 State Filing Fee GRUBBZ,dune co.Clerk $25.00 Clerk's Documentary Handling Fee CAN D D6pUty BY 3. ( ) OTHER(Specify) $25.00 Clerk's Documentary Handling Fee n PAYMENT/NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #17110 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: April 1, 1999 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. �'� .... 1. � ,st:"�s;•.�•,in.;.i*Mr (:1�°4, � n.u• ;� F t IF ���� cr t.t 4 11241 BANK OF AMERICA 0@01 12'41 RONALD T. DREISBACH THE PRIVATE BANK-PENINSULA 1368 P.O.BOX 7509 P.O.BOX 60157 OAKLAND,CA 94601 PALO ALTO,CA 94306 PH.(510)533-6600 11-35-1210 10 PAY TWENTY FIVE R 00/100 DOLLARS DATE AMOUNT o . 03/19/99 *********$25. 00 TO THE ORDER OF: BUTTE COUNTY TREASURE N PLANNING DIVISION 8 7 COUNTY CENTER DRIVE L]ROV :I I._I__E 9 CA 95965-33397 11101121, 10 is L 2 11000 3 5811: 1, 3613G111001319110 . •�y r a:- is / y / r S DATE RECEIPT TOTAL PUBLIC LAPCO USE .VARIANCES PUBLIC ZONING ENV OT-ER APPLICANT RECEIVED FROM NO. RECEIVED WORKS PERMITS DOCUMENTS NEALTN RECEIPT 17110 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED V APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive, Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: REZ 99-02, Rezone r Assessor's Parcel No.: 073-210-006 Applicant: Dreisbach Family Trust, P.O. Box 7509, Oakland, CA 94601 Project Location-Specific: southeast of the intersection of Binet Road and Mooreville Ridge Road, north of Clipper Mills Project Location-City: Clipper Mills Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: Rezone from Unclassified to TPZ-160 for a 52-acre parcel that is contiguous to a TPZ-160 zone Name of Person or Agency Approving Project: Butte County Board of Supervisors Exempt Status: (Check (One) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) Emergency Project (Sec. 15071 (b)and (c)) X Categorical Exemption. State type and section number: 15264 Reasons why project is exempt: Local agencies are exempt from the requirement to prepare an EIR or negative declaration on the adoption of timberland preserve zones under Government Code Sections 51100 et seq. (Gov:Code, Sec 51119). Contact Person: Stephen Betts Telephone: (530) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: ig ature, R y Wilson Principal Plafiner j:linda\noe.nod\noe.gen V • • CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title/Butte County Location: REZ 99-02, southeast of the intersection of Binet Road and Mooreville Ridge Road, north of Clipper Mills Project Description: Rezone from Unclassified to TPZ_-160 for a 52-acre parcel that is contiguous to a TPZ-160 zone Findings of Exemption(attach as necessary): 1. The county of Butte has conducted an initial study and prepared a(Negative Declaration or Enviornmental Impact) so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. ` 3. The County of Butte has, on the basis of substantial.evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. : BY Randy Wilson, Principal Planner Lead Agency:' .County of Butte Date: April 1, 1999 .... .. Suite coun lo t _ LAND OF NATURAL WEALTH AND BEAUTY r�Y_ PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER.DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 April 9, 1999 Dreisbach Family Trust Attn: Ron Dreisbach P.O. Box 7509 Oakland, CA 94601 RE: Rezone, File No. REZ 99-02 Dear Mr. Dreisbach: Enclosed is Receipt No. 17124 in the amount of$602.00 for the above-referenced file. As of this date, the account has a zero balance and is closed. Your quick response is greatly appreciated. Thank you. Sincerely, Thomas A. Parilo Director of Development Services TAP:jb Enclosure j:\docs\refunds\thanks.wpd I EDate, 04/09/99 • Development Services Dep*ment Time 10 : 07 am Applicant Billing Worksheet Page 1 REZ 99-02 * Dreisbach .Family Trust P.O. Box 7509 Oakland, CA 94601 In reference to REZ 99-02 Rounding None Full Precision No Last bill Last aging Last charge 03/19/99 Last payment / / Amount $0.. 00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 12/28/98 Steve B. / P 2 . 75 162 . 25 #20827 Processing 59 . 00 12/28/98 Teri B. / C 2 . 00 68 . 00 #20844 Clerical 34 . 00 12/28/98 Steve L. / LR 0 . 25 14 . 75 #20909 LAFCo Review 59 . 00 12/28/98 Larry P. / P 1 . 50 88 . 50 #20933 Processing 59 . 00 12/28/98 Randy W. / P 0 . 25 14 . 75 #21001 Processing 59 . 00 0.1/11/99 Steve B. / P 2 . 00 118 . 00 #21125 Processing 59 . 00 Rand 01/11/99 P 0 . 25 14 . 75 Y W. / #21158 Processing 59 . 00 01/25/99 Lynn R. / C 0 . 50 22 . 50 #21335 Clerical 45 . 00 01/25/99 Steve B. / P 1 . 00 59 . 00 #21481 Processing 59 . 00 02/08/99 Lynn R. / C 0 . 50 22 . 50 #21677 Clerical 45 . 00 03/08/99 Teri B. / C 0 . 50 17 . 00 #22249 Clerical 34 . 00 Date 04/09/99 •Development Services Depa*ent Time 10 : 07 am Applicant Billing Worksheet Page 2 REZ 99-02 * :Dreisbach Family Trust (continued) TOTAL BILLABLE TIME CHARGES 11 . 50 $602 . 00 TOTAL BILLABLE COSTS $0 . 00 TOTAL NEW CHARGES $602 . 00 PAYMENTS/REFUNDS/CREDITS 04/08/99 Deposit - Receipt #17124 (602 . 00) TOTAL PAYMENTS/REFUNDS/CREDITS ($602 . 00) NEW BALANCE TOTAL NEW BALANCE $0 . 00 ffa tte Count .:. LAND OF NATURAL WEALTH AND BEAUTY Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES } s 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 March 26, 1999 Dreisbach Family Trust Attn: Ron Dreisbach P.O. Box 7509 Oakland, CA 94601 RE: Rezone, File No. REZ 99-02 Dear Mr. Dreisbach: The total cost for the processing of the above-referenced application which was approved by the Board of Supervisors on March 9, 1999, is $602.00. Following is a breakdown: Professional Planner $383.50 Mapping $ 88.50 Clerical $134.00 Total $602.00 Total Amount Due&Payable $602.00 Please make a check payable to the Butte County Treasurer in the amount of$602.00 and remit it to the Department of Development Services, Planning Division at 7 County Center Drive, Oroville, CA 95965 within 30 calendar days. Should you have any questions,please contact Brian Larsen in this office Monday thru Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely, Thomas A. Parilo Director of Development Services TAP:jb Attachment j:\docs\refunds\BOSdue.wpd - Suite IAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965.3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 January 6, 1999 Mr. Ronald Dreisbach P.O. Box 7509 Oakland, CA 94601 Re: Application for a Rezone to Timber Preserve Zone(TPZ) on APN 073-210-006, File#REZ 99-02 Dear Mr. Dreisbach: The Butte County Planning Division has received your petition to the Butte County Board of Supervisors to rezone the above referenced parcel from Unclassified to TPZ-160 (Timber Preserve Zone, 160-acre minimum parcel size). Upon completion of our review of this project, this rezone request will be set for a hearing before the Butte County Board of Supervisors. You will be notified of the date and time of that hearing. As I discussed last week with Mr. Al Pelton of your company, the County was not sure what the application fee would be for this project. Upon further review, it has been determined that your project will be processed by our staff on a"real time" billing basis, which is $59.00 per hour. The County will send you a bill after all work is completed on this project. Additionally, you will be responsible for payment of the fee for publication of the rezone ordinance, which is estimated to be $100.00. Should you have any further questions regarding these comments, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, in this office at the address or telephone number listed above. Sincerely, v4 , Stephen Betts Associate Planner Dat(A 04%29/99 Development Services Depawnt Time 11:45 am Applicant Billing Worksheet Page 3 REZ 99-02 * Dreisbach Family Trust P.O. Box 7509 Oakland, CA 94601 In reference to REZ 99-02 Rounding None Full Precision No Last bill / / Last aging Last charge 03/19/99 Last payment / / Amount $0 . 00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 12/28/9.8 Steve B. / P 2 . 75 162 . 25 #20827 Processing 59 . 00 12/28/98 Teri B. / C . 2 . 00 68 . 00 420844 Clerical 34 . 00 12/28/98 Steve L. / LR 0 . 25 14 . 75 #20909 LAFCo Review 59 . 00 12/28/98 Larry P. / P 1 . 50 88 . 50 #20933 Processing 59 . 00 12/28/98 Randy W. / P 0 . 25 14 . 75 #21001 Processing 59 . 00 01/11/99 Steve B. / P 2 . 00 118 . 00 #21125 Processing 59 . 00 01/11/99 Randy W. / P 0 . 25 14 . 75 #21158 Processing 59 . 00 01/25/99 Lynn R. / C 0 . 50 22 . 50 #21335 Clerical 45 . 00 01/25/99 Steve B. / P 1 . 00 59 . 00 #21481 Processing 59 . 00 02/08/99 Lynn R. / C 0 . 50 22 . 50 #21677 Clerical 45 . 00 03/08/99 Teri B. / C 0 . 50 17 . 00 #22249 Clerical 34 . 00 Date 047/29/99 ftevelopment Services Depaftnt Time 11:45 am Applicant Billing Worksheet Page 4 REZ 99-02 * :Dreisbach Family Trust (continued) TOTAL BILLABLE TIME CHARGES 11 . 50 $602 . 00 TOTAL BILLABLE COSTS $0 . 00 TOTAL NEW CHARGES $602 . 00 PAYMENTS/REFUNDS/CREDITS 04/08/99 Deposit - Receipt #17124 (602 . 00) TOTAL PAYMENTS/REFUNDS/CREDITS ($602 . 00) NEW BALANCE TOTAL NEW BALANCE $0 . 00 l e r.. _ �;�: • .... u punt � f I r; LAND OF NATURAL WEALTH AND BEAUTY y DIRECTOR'S OFFICE •: ,3_:;��,,r;y,,,.:.^ :f -,;s,�. DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 y TELEPHONE: (530)538-7601 FAX: (530)538-7785 May 3, 1999 www.buttecounty.net Dreisbach Family Trust Attn: Ronald Dreisbach V P.O. Box 7509 Oakland, CA 94601 /C RE: Billing for Rezone on AP#073-210-006 File No. REZ 99-02 Dear Mr. Dreisbach: The total cost for the processing of the above-referenced application which was adopted by the Board of Supervisors on March 9, 1999, is $602.00. In a letter dated January 6, 1999, from Mr. Stephen Betts, Associate Planner, Mr. Betts informed you that this project would be processed by staff on a "real time" billing basis and that you would be billed accordingly. Following is an itemization of the billing: Professional Planner $383.50 Mapping $ 88.50 Clerical $130.00 Total $602.00 Total Amount Due &Payable $602.00 Please make a check payable to the Butte County Treasurer in the amount of$602.00 and remit it to the Department of Development Services, Planning Division at 7 County Center Drive, Oroville, CA 95965 within 30 calendar days. Should you have any questions,please contact Brian Larsen in this office Monday thru Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely, Thomas A. Parilo Director of Development Services TAP:•b J Attachment LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION <' • DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 January 6, 1999 Mr. Ronald Dreisbach P.O. Box 7509 Oakland, CA 94601 Re: Application for a Rezone to Timber Preserve Zone (TPZ) on APN 073-210-006, File#REZ 99-02 Dear Mr. Dreisbach: The Butte County Planning Division has received your petition to the Butte County Board of Supervisors to rezone the above referenced parcel from Unclassified to TPZ-160 (Timber Preserve Zone, 160-acre minimum parcel size). Upon completion of our review of this project, this rezone request will be set for a hearing before the Butte County Board of Supervisors. You will be notified of the date and time of that hearing. As I discussed last week with Mr. Al Pelton of your company, the County was not sure what the' application fee would be for this project. Upon further review, it has been determined that your project will be processed by our staff on a"real time" billing basis, which is $59.00 per hour. The County will send you a bill after all work is completed on this project. Additionally, you will be responsible for payment of the fee for publication of the rezone ordinance, which is estimated to be $100.00. Should you have any further questions regarding these comments, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, in this office at the address or telephone number listed above. Sincerely, Stephen Betts Associate Planner MAY-10-1999 16:28 DREISBACH 510 5337468 P.02i02 s BANK OF AMERICA 010011265 11265 P.O.BOX RONALD T. DRE94601 P.O. THE PRIVATE BANK-PENINSULA 1368 BOX 601 S7 OAKLAND,CA 94801 PALO ALTO,CA 84306 PM.(510)5330 11-35-1210 k c PAY :. **** SIX HUNDRED TWO DOLLARS DATE AMOUNT j 0 /01/99 *�t $6�G2. laa TO TME _ - ORDER BUTTE'-COUNTY --TREASURER:- OF.- F € PLANN I N15' D IV IS I ON 7 COUNTY CENTER DRIVE:• C OROVILLE, CA 95965-3397 C >''01 i 26 511' �: i 2 i00D 3 SBS: l 3686111008 1911' .1'0000060 200.1' �o 1 1�Z O PAY TO SHE v fi4/I4/49 US BANK C7 w W o ¢5 1534013391.)1 - C FD9 DEWO"J MY K o -_--==_--- 7 c:4 1 0 6 0 42 CD p0p l! o C Q 12112Ze7b �16599�47� tit: .•^� ern v ter. SIT 05g U), PAF 4 a �•' '`� '�' 3� ACCT 0 15$4 1339'751 - - --- - _ -== o TOTAL P.02 *� �.. � '� �. _ .•-, ._ . . - .. - . . . t. . .' �.,'. '''. _ r ,� �• •r'. . � � . - w + ; t �• � � �, i ' + � i,4 1 —IDECLARATION OF FEES Do' talifornia Fish and Game Code Section'711.4) NAME AND ADDRESS OF APPLICANT Dreisbach Family Trust P.O. Box 7509 Oakland, CA 94601 (510) 533-6600 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee ( ) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION-FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee Dr APR ' 91999 $25.00 Clerk's Documentary Handling Fee CAN AC GRUB66,Butto Co.Clerk 3. ( ) OTHER(Specify) Deputy $25.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #17110 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: AIL,1999 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. �: �``�� ' `� 4'.K s .� ' �� . i.at 1...... r .. n 11241 BANK OF AMERICA 0001 1 i_41 RONALD T. DREISBACH THE PRIVATE BANK-PENINSULA 1368 P.O.BOX 7509 P.O.BOX 60157 OAKLAND,CA 94601 PALO ALTO,CA 94306 PH.(510)533-6600 11-35-1210 PAY TWENTY FIVE & 00/100 DOLLARS DATE AMOUNT *********$25. 00 • TO THE ORDER IA_U*fTEa COUNTY TREASURE OF: P,LANNING- DIVISION COUNTY RENTER DRIVE OROVILLE, CA 959155-3397 -7 11801124111, 1: 1210003SBI: L36136-00131911" 7777. 7�"77 '6 A 4: 7T i GATE RECEIPT, TOTAL PUBLIC LAFco USE VARIANCES PUBLIC ZONING ENV OTHER APPLICANT RECEIVED FROM No, RECEIVRO WORKS PERMITS DOCUMENTS HEALTH L RECEIPT 17110 • OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED Y APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte , 25 County Center Drive Oroville, CA 95965 Project Title: REZ 99-02, Rezone Assessor's Parcel No.: 073-210-006 Applicant: Dreisbach Family Trust, P.O. Box 7509, Oakland, CA 94601 Project Location-Specific: southeast of the intersection of Binet Road and Mooreville Ridge Road, north of Clipper Mills Project Location-City: Clipper Mills Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: Rezone from Unclassified to TPZ-160 for a 52-acre parcel that is contiguous to a TPZ-160 zone Name of Person or Agency Approving Project: Butte County Board of Supervisors Exempt Status: (Check(One) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) Emergency Project(Sec. 15071 (b)and (c)) X Categorical Exemption. State type and section number: 15264 Reasons why project is exempt: Local agencies are exempt from the requirement to prepare an EIR or negative declaration on the adoption of timberland preserve zones under Government Code Sections 51100 et seq. (Gov. Code, Sec 51119). Contact Person: Stephen Betts Telephone: (530)538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: gigature, Raley Wilson Principal Plafiner j:linda\noe.nod\noe.gen CALIFORNIA DEPARTMENT OF FISH.AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title/Butte County Location: REZ 99-02, southeast of the intersection of Binet Road and Mooreville Ridge Road, north of Clipper Mills Project Description: Rezone from Unclassified to TPZ-160 for a 52-acre parcel that is contiguous to a TPZ-160 zone Findings of Exemption(attach as necessary): 1. The county of Butte has conducted an initial study and prepared a(Negative Declaration or Enviornmental Impact) so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: &Vim Randy Wilson, Principal Planner Lead Agency: County of Butte Date: April 1, 1999 • This project is a rezone of 52 acres from Unclassified to Timber Preserve Zone 160. The project site is heaily timbered with ponderosa pine, douglas-fir, and white fir. The Zoning Ordiance allows rezones to TPZ-160 that are contigious to other lands that are already zoned TPZ-160 and under the same ownership to be heard directly by the Board of Supervisors. Under California State law, rezones to TPZ are statutorily exempt from the provisions of the California Environmental Quality Act. Criteria 1. Contingious to other lands already zoned TPZ-160 and under the same ownership 2. Property is devoted to timber production 3. The property is capable of growing an average volume of wood fiber `M. l '`--•bic feet-peza s. 900 as requires 6� sk-,�e lQ� 2ov��t� ordiN4v►cc 4. Assessor's Office supports -&V-% r-tevr,c 5. �e�1S��t"e� Qt'p-�c66lcr�a� �oc'¢6te..J' Ve a C)S BUTTE COUNTY • • CLERK OF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: AGENDA TITLE:Dreisbach Family Truse Rezone to TPZ-160, REZ 99-02 DEPARTMENT: DDS, Planning DATE: 2/9/99 MEETING DATE REQUESTED: 3/9/99 CONTACT: Stephen Betts PHONE: 7601 REGULAR CONSENT DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: SUIVIlVIARY: This project is a rezone of 52 acres from U(Unclassified)to TPZ-160 (Timber Preserve Zone, 160-acre minimum parcel size). The project site is contiguous to lands with existing TPZ-160 zoning of approximately 530 acres and which is owned by the applicant. ACTION REQUESTED: Find this project to be statutorily exempt from the provisions of the California Environmental Quality Act and adopt an Ordinance approving Zoning Amendment 99-02 to rezone the subject 52 acre parcel from "U" (Unclassified) to TPZ-160 (Timber Preserve Zone - 160 acre parcels), subject to the following findings: Section 1: Environmental Findings. A. This rezone to TPZ-160 is statutorily exempt from the provisions of the California Environmental Quality Act under Section 15264 of the Guidelines of the California Environmental Quality Act because the property is contiguous to an existing Timber Preserve Zone and is capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre. Section 2: General Plan Consistency Findings. A. The proposed TPZ-160 zone is a consistent zone of the Timber-Mountain General Plan land use designation. B. Policy 2.3.b of the Land Use Element of the Butte County General Plan states that "Timberland Preserve"zoning should be encouraged for all suitable sites. C. The project site is contiguous to an existing TPZ-160 zone owned by the applicant. D. The project site meets the annual average tree growth requirements of Resolution 79-20 as amended by Resolution 81-20. AGENDA ITEM SUBMITTAL REQUIRES THE ORIGINAL AND NINE (9) COPIES ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No CAO OFFICE USE ONLY If yes,complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No Administrative Office Review If yes,complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline) Will Proposal Require an Agreement: Yes No 4/5's Vote Required: Yes: No: Auditor-Controller's Number(if required): County Counsel's Approval: Yes No Date Received by Clerk of Board: Will Proposal Require Additional Personnel:Yes No Number of Permanent: Temp Extra Help Previous Board Action Date: Additional Information Attached:Yes X No Describe: Packets Rev.1198 f► ,p r r. -Jvvwrlr04 S a n v n �c - . y �►'� a7�a �'� Sf a c7 � �j o a a 57 ,- C �4 S, n s a ; S , j iE .i E E E ,.t E - E lye +1� r �1 I'! , E i APPENDIX A Resolution No. 79-20 PROCEDURE FOR TIMBER PRESERVE ZONING As Amended by Resolution No. 81-20 I. INITIAL ZONING A. The owner or owners shall submit, on form provided by the Planning Department, an application to the Planning Department. If the application is incomplete, the owner or owners shall be so notified. If the application is determined to be complete,the Planning Director shall send a copy to the forest property appraiser for the appraiser's.recommendation. B. The Planning Commission shall set a public hearing on the proposed zoning. Notice of the time, date and place of said hearing, including a general explanation of the matter to be considered and including a general description of the area affected, shall be given at least ten (10) calendar days before the hearing in the following manner: 1. Notice shall be published at least once In a newspaper of general circulation, published and circulated in the county. 2. Notice of the hearing shall be given by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred (300) feet of the property which is the subject to the proposed zoning change. 3. In the event that the number of persons to whom notices would be sent pursuant to subdivision (2) hereof is greater than one thousand (1000),the Planning Commission may,as an alternative to the notice required by subdivision (2), provide notice pursuant to this subdivision. Such notice shall be given at least ten (10) days prior to the hearing by either of the following procedures: a. By placing a display advertisement of at least one-fourth page in the newspaper having the greatest circulation within the area affected by the proposed zoning change and at least one additional newspaper having general circulation within such area, if such additional newspaper is available, or b. By placing an insert with any generalized mailing sent by the county to property owners in the area affected by the proposed zoning change, such as billings for county service areas. C. Any evidence to be received by the Planning Commission at the public hearing, other than oral testimony, unless rejected by the Planning Commission when offered, shall be surrendered to the Clerk of the Commission and become the property of the County of Butte. The Planning Director shall be the custodian of the record of the Planning Commission and shall keep, for at least twelve (12) months following this presentation to the Commission, all evidence received by the Commission at a public hearing. At any time after twelve (12) months following this presentation, the Planning Director may dispose of any such evidence in any manner the Director shall deem proper. The Planning Director may, upon the expiration of twelve (12) months following a public hearing, release any evidence to the person or persons who presented that evidence at the public hearing so long as such person or persons request in writing to the Planning Director not more than sixty(60) days nor less than thirty (30)days prior to the expiration of the twelve (12) month period. 1. Notwithstanding the provisions of the above paragraph, the Planning Director shall forward to the Clerk of the Board of Supervisors all evidence received when the matter heard by the ATTACHMENT: 8 Planning Commission results in a recommendation to the Board of Supervisors from the action of the Planning Commission. Upon receipt by the Clerk of the Board of Supervisors of the evidence forwarded pursuant to this section,the Gerk of the Board of Supervisors shall become( public custodian thereof and the twelve (12) month period shall commence after final action by the Board of Supervisors. D. Following the public hearing, the Planning Commission shall render Its decision in the form of a written recommendation to the Board of Supervisors. Such recommendation shall include the reasons for the recommendation,the relationship of the proposed amendment to the Butte County General Plan and any specific plan. The recommendation shall be transmitted to the Board of Supervisors within ninety (90) days after the date the hearing was dosed to the public. E. Upon receipt of any recommendations from the Planning Commission which recommends that the zoning proposal be approved,the Board of Supervisors shall set the matter for a public hearing and shall give notice of the time, date and place of said hearing at least ten (10) days prior to the hearing in the same manner as provided for the giving of notice by the Planning Commission. In any case in which the recommendation of the Planning Commission is to deny the proposed rezone, the Board of Supervisors shall not be required to take any further action thereon unless the owner or owners shall request such a hearing by filing a written request therefor with the Clerk of the Board not later than 5:00 p.m.on the fifth day following the date the Planning Commission files its recommendation with the Board; provided, that if said fifth day falls on a legal holiday, the request for hearing may be filed by 5:00 p.m. on the next day in which the office of the Clerk is open for business. Upon receipt of such a request for hearing, the Gerk shall immediately forward a copy of said request to the Planning Commission. If the Board of Supervisors sets a hearing following the recommendation for approval by the Planning Commission, or if the owner or owners request such public hearing following a denial by the Planning Commission, the Board of Supervisors shall take action upon the proposed zoning within ninety (90) days from the date of receipt of the Planning Commission's initial recommendation. If no action is taken within said ninety (90) days, the proposed zoning shall be deemed denied. F. An owner or owners whose proposed zoning to TPZ is denied may petition the Board of Supervisors for a rehearing on the proposed zoning. ll. REZONING FROM TIMBER PRESERVE ZONE A. The owner or owners shall submit a written application requesting rezoning to the Planning Department at least ninety (90) days prior to the anniversary date of the initial zoning. Hearings shall be held as provided for in Part I, Paragraphs B through E. B. The Board of Supervisors may approve, modify or disapprove the recommendations of the Planning Commission; provided that any modification of the proposed amendment by the Board shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within forty (40) days after the modification is referred to it shall be deemed to be approval of the proposed modification by the Planning Commission. G. All actions by the Planning Commission and the Board of Supervisors shall be completed within one hundred twenty (120) days of receipt of the written notice of the owner or owners desiring to rezone the parcel or parcels. If action is not completed within one hundred twenty (120) days, the petition for rezone shall be deemed denied. D. The decision of the Planning Commission and the Board of Supervisors shall be by majority vote of the full body. E. If the owner or owners' petition for rezone is approved, the new zone shall become effective ten (10) ,.. years from the date of approval. F. If the owner or owners' petition for the rezone is denied, the owner or owners may petition the Board of Supervisors for a rehearing. III. BOARD OF SUPERVISORS' REZONE A. If the Board of Supervisors, after a public hearing held as provided for in Part I, Paragraphs B through E, and Part II, Paragraphs C and D, and by a majority vote of the full body, decides not to extend the term of zoning,written notice shall be given of such non-renewal to the owner or owners of the parcels. The written notice shall contain the proposed new zone to be established. Such written notice shall be given at least ninety(90) days prior to the anniversary date of the Initial zoning to timber preserve zone. B. Upon receipt by the owner or owners of the parcels of the notice of intention of non-renewal by the Board of Supervisors, the owner or owners may file a written appeal of such notice to the Board of Supervisors within thirty (30) days of receipt of said notice of non-renewal. -C. Upon receipt from the owner or owners of a written protest of the zoning change, the Board of Supervisors shall hold a public hearing on the proposed change. The Board of Supervisors may reaffirm its intent to change the zoning by majority vote of the full body. D. Hearings on the proposed new zone shall be held as provided for in Part I, Paragraphs B through E, and Part II, Paragraphs B, D, and E. E. The owner or owners may petition the Board of Supervisors for a rehearing. IV. IMMEDIATE REZONING - Conversion Required A. If the owner or owners of.parcels have applied for conversion of timber land pursuant to Section 4621 of the Public Resources Code,the Board of Supervisors may tentatively approve the immediate rezoning of the parcel by a four-fifths vote of the full body. Hearings and notices of hearings shall be as provided for in Part I, Paragraph E. In addition, all owners of land situated within one mile of the exterior boundary of the parcel or parcels upon which immediate rezoning is proposed shall be given written notice. B. On the basis of the information presented to the Board of Supervisors at the hearing, the Board of Supervisors may tentatively approve immediate rezoning of the parcel or parcels when it finds that the immediate rezoning is not inconsistent with the purposes of subdivision (j) of section 3 of Article XIII of the Constitution of the State of California and of sections 51000&tM. of the Government Code and that the immediate rezoning is.in the public interest. C. The application for immediate rezoning with the Board's tentative approval shall be forwarded to the State Board of Forestry,together with a summary of the public hearing and any other information required by the Board of Forestry. If the State Board of Forestry approves the conversion pursuant to Section 4621.2 of the Public Resources Code, the Board of Supervisors' tentative approval shall become final. D. If the Board of Supervisors' tentative approval for immediate rezoning becomes final, the Board shall specify a new zone. Hearing procedures on the new zone shall be the same as in Part I, Paragraphs B through E, and Part II, Paragraphs B, D, and E. V. IMMEDIATE REZONING - No Conversion Required A. An owner or owners of parcels shall file an application with the Planning Department. B. Hearing procedures shall be held as in Part I, Paragraphs B through E, and Part II, Paragraphs B, D,and E. C. The Board of Supervisors may approve the immediate rezoning only R by a four-fifths vote of the full Board it makes written findings that: 1. The immediate rezoning would be in the public interest; and 2. The immediate rezoning does not have a substantial and unmitigated adverse effect upon the continued timber-growing use or open-space use of other land zoned as timberland preserve( and situated within one mile of the exterior boundary of the land upon which immediate rezoning is proposed; 3. The soils, slopes, and watershed conditions will be suitable for the uses proposed by the applicant if the immediate rezoning is approved; 4. The immediate rezoning is not inconsistent with the purposes of subdivision Q) of Section 3 of Article XIII of the Constitution and of this chapter. D. The existence of an opportunity for an alternative use of the land shall not alone be sufficient reason for granting a request for Immediate rezoning pursuant to this section. Immediate rezoning shall be considered only If there is no proximate and suitable land which Is not zoned timberland preserve for the alternate use not permitted within a timberland preserve zone. E. The uneconomic character os the existing use shall not be sufficient reason for the approval of immediate rezoning pursuant to this section. The uneconomic character of the existing use may be considered only If there is no other reasonable or comparable timber-growing use to which the land may be put. VI. ADDITIONS TO EXISTING TIMBER PRESERVE ZONES A. An owner or owners of parcels already zoned as timberland preserve may petition the Board of Supervisors to add to said timberland preserve zone, contiguous parcels. B. Such parcel or parcels must be devoted to and used for the growing and harvesting of timber or for the growing and harvesting of timber and compatible uses which is/are in compliance with part (1) of Section 24-190 of the Butte County Code, and which is/are capable of growing an annual average( volume of wood fiber of at least fifteen (15) cubic feet per acre. C. If said parcels meet the requirements of B above, the Board of Supervisors may add the parcels to the Timber Preserve Zone. D. The requirements of Part I of this Resolution are not applicable to the above petition. ........... Vicinity Map Bar f to Lu Project Location BU YUBA COUNTY REZ 99-02 ATTACHMEMr. ID APN 073-210-006 D ■ January 14, 1999 Steve Betts Butte County Planning Division 7 County Center Drive Oroville,Ca 95969 RE:File#REZ 99-02 Dear Steve: I am the Forester who did the Timber Cruise on APN 073-210-006. I hereby certify that the above parcel is capable of producing more that 15 cubic feet of timber per acre. Please feel free to contact me at 530-675-2343 if I can be of further assistance. Sincerely, Ron Hague R. P.F.#2388 cc:Ron Dreisbach Al Pelton Planning Division Z 11999 Orovillo,Calwomia ATTACHMENT: C F MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Dreisbach Family Trust, REZ 99-02 DATE: March 18, 1999 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 073-210- 006;was: —X- Rezone from Unclassified to TPZ-160, southeast of the intersection of Binet Road and Mooreville Ridge Road, north of Clipper Mills. Granted a variance to Issued a conditional j Atemp\assessor ORDINANCE NO. 3494 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AN TPZ (TIMBER PRESERVE ZONE) DISTRICT, PURSUANT TO SECTION 24-25.40. 1 The Board of Supervisors of the County of Butte, State of California, 2 under and pursuant to Section 24-25.40 of the Butte County Code of said County, 3 ORDAINS, as follows: 4 SECTION.I. The hereinafter described area situate in the County of 5 6 Butte, State of California, shall be and it is hereby zoned as an TPZ-160 (Timber 7 Preserve Zone - 160 acre parcels) District, and such area shall be subject to the 8 restrictions and restricted uses and regulations pursuant to Butte County Code 9 Section 24-195. 10 Said area so zoned being located in the unincorporated area of Butte 11 County, Clipper Mills, more particularly described as follows: 12 The land referred to in this policy is situated in the State of California, 13 County of Butte, and is described as follows: 14 PARCEL 1: 15 The SW 1/4 of the NW 1/4; and the S 10 acres of the NW 1/4 of the 16 NW 1/4, all in Section 35, T20N, R7E, MDB&M. 17 PARCEL II: 18 All that portion of the NW 1/4 of the NW 1/4 of Section 35, T20N, 19 R7E, MDB&M, described as follows: 20 Beginning at a point on the north line of the south 10 acres of the NW 1/4 of the NW 1/4 of said Section 35, said point being in the centerline 21 of that certain County road known as the Binet Road, from which the 22 1/4 section corner between Sections 34 and 35, said township and range, bears S 15° 16' W, a distance of 1730.90 ft.; thence along the 23 centerline of said road, the following courses and distances: N 8° 43' E, 183.60 ft.; N 70° 14' E, 63.25 ft.; S 800 03' E, 88.40 ft.; and S 530 24 24' E, 297.50 ft. to a point in the north line of said south 10 acres of 25 the NW 1/4 of the NW 1/4 of said Section 35; thence along said north line, S 88°, 35' W, a distance of 413.38 ft. to the'point of beginning. 26 SECTION 2. This Ordinance shall be and it is hereby declared to be II 1 in full force and effect from and after thirty (30) days after the date of its passage, 2 and before the expiration of fifteen (15) days after its passage, this 3 Ordinance shall be published once with the names of the members of the Board of 4 Supervisors voting for and against it in the Oroville Mercury, a newspaper published 5 in the County of Butte, State of California. 6 7 PASSED AND ADOPTED by the Board of Supervisors of the 8 County of Butte, State of California, on the 9. thday of March , 1999," by the 9 following vote: 10 AYES: Supervisors Beeler, Davis, Houx, Josiassen and Chair Dolan 11 NOES: None 12 ABSENT: None 13 14 NOT VOTING: None " 15 A E DOLAN, CHAIR 16 Bu County Board of Supervisors 17 ATTEST: JOHN S. BLACKLOCK, Chief Administrative 18 Officer and Clerk of the Board 19 20 ' 21 22 23 24 25 26 moi- ."�'.':::.; � �'�• county . : -' . ... Eatte :":a • LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530) 538-7785 March 10, 1999 Dreisbach Family Trust P.O. Box 7509 Oakland, CA 94601 Re: Rezone, APN 073-210-006, File REZ 99-02 Dear Gentlemen: At the regular meeting of the Butte County Board of Supervisors held March 9, 1999, Ordinance No. 3494 was adopted which rezones from "U" (Unclassified) to TPZ-160 (Timber Preserve Zone - 160 acre parcels) that property located southeast of the intersection of Binet Road and Mooreville Ridge Road, north of Clipper Mills. A Notice of Exemption (NOE) should be filed for purpose of completing the California environmental quality Act requirements. The fee for filing the NOE is a $25.00 document handling fee. A check made payable to the Butte County Treasure in the amount of$25.00 should be submitted to the Planning Division in order to complete the process. . The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure Section 1094.6. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final, except that where a shorter time•limit is provided by State or Federal law, such shorter time limit shall apply. Should you have any questions regarding this matter, please contact Stephen Betts at the Planning Division between the hours of 8:00 a.m. to 4:00 p.m., Monday through Friday. Since/rely, Stephen Betts Associate Planner /Ir BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT - MARCH 9, 1.999 Applicant: Dreisbach Family Trust Zone date: 01-06-87 File#: REZ 99-02 Supervisor Request: Rezone from Unclassified to District: 1 TPZ-160 for a 52-acre parcel contiguous to a TPZ-160 zone Applicable Regulations: Butte County Code Section G.P.: Timber Mountain 24-195.1) (additions to a TPZ) and Butte County Board of Zoning: U(Unclassified) Supervisors Res.No. 79-20(as amended by Res. No. 81-20) APN: 073-210-006 Attachments: Location: Southeast of the intersection of A: Zoning/General Plan Map Binet Road and Mooreville B: Resolution 79-20 as amended by Ridge Road, north of Clipper Resolution 81-20. Mills C: Forest Growth Document, dated January 14, 1999 Parcel Size: 52 acres D: Vicinity Map STAFF COMMENT Butte County Board of Supervisors Resolution 79-20 (as amended by Resolution 81-20) sets forth criteria for establishing Timber Preserve Zones (TPZ). An important element of.this resolution allows petitions directly to the Board of Supervisors when the petitioner already owns contiguous land in the TPZ. PROJECT DESCRIPTION/SITE CHARACTERISTICS: This project is a rezone of 52 acres from U (Unclassified) to TPZ-160 (Timber Preserve Zone, 160-acre minimum parcel size). The project site is contiguous to lands with existing TPZ-160 zoning of approximately 530 acres and which is owned by the applicant. The property is heavily timbered with ponderosa pine, douglas fir, and white fir. CEQA ISSUES: This rezone to TPZ-160 is statutorily exempt from the provisions of the California Environmental Quality Act under Section 15264 of the Guidelines for California Environmental Quality Act. ■ Butte County Department of Development Services ■ Page 1 ■ ANALYSIS: The property meets the requirements of the Butte County Resolution regarding additions to existing Timber Preserve Zones. The property is contiguous to other lots zoned for timberland preserve owned by the applicant and the property is devoted to and used for the growing and harvesting of timber. The project site is capable of growing an annual average volume of wood fiber of at least fifteen cubic feet per acre. According to the Assessor's Office the property meets the requirements of the California Government Code for inclusion into a Timber Preserve Zone and the rezone to TPZ-160 is appropriate. The applicant has supplied documentation from a Registered Professional Forester attesting to the growth capability of the property. RECOMMENDATION: Staff recommends that the Board of Supervisors find this project to be statutorily exempt from the provisions of the California Environmental Quality Act and adopt an Ordinance approving Zoning Amendment 99-02 to rezone the subject 52 acre parcel from "U" - (Unclassified) to TPZ-160 (Timber Preserve Zone - 160 acre parcels), subject to the findings in Exhibit"A." I . K:\PROJECTS\REZ\DREISBAC.REZ\BOS.RPT ■ Butte County Department of Development Services ■ Page 2 ■ I EXHIBIT A Section 1: Environmental Findings. A. This rezone to TPZ-160 is statutorily exempt from the provisions of the California Environmental Quality Act under Section 15264 of the Guidelines of the California Environmental Quality Act because the property is contiguous to an existing Timber Preserve Zone and is capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre. Section 2: General Plan Consistency Findings. A. The proposed TPZ-160 zone is a consistent zone of the Timber-Mountain General Plan land use designation. B. Policy 2.3.b of the Land Use Element of the Butte County General Plan states that "Timberland Preserve"zoning should be encouraged for all suitable sites. C. The project site is contiguous to an existing TPZ-160 zone owned by the applicant. D. The project site meets the annual average tree growth requirements of Resolution 79- 20 as amended by Resolution 81-20. ■ Butte County Department of Development Services ■ Page 3 ■ Q$ .... ?bo , : '«• 7{o-r... -- - �.E.�. , w.:• :•w,a.�.aaw.�: :, . ::,..; ;: :. ':. :. ":cn6c;:boociotobi .iol::vyi000000$i:iiaxa•:•+>. >$':Sd:. :: +.:•':?:;. 71.55..ff�. i Project Location y ::� :':. : :.� : :_��'�` : ::. �.. n> .r;p}{:4::: ::�<�:..: :: :. :��'�:�>�pR- :V f t. '•: .9Jf9( K +i:•C .....'^6 '#! r•3Y�roc$ S'v> R•+ 1 ''z'a n' .•.p000+ g+oo�"v' xaa;at a• d.. ........... . ......:::..::: ...:.; .4�+;a:?c•ptea'4�•d• ... MX ..;.. :..:. 0 gg �11�tt ;x -'..'.a.:+4?Fi:g:•:ci•:r-f,';. •: E;:•:••.y#':.;:;: :+�7w g a .i yaooaQoD'.ai$' �cxyn•r.C+. .:; f&obG .... l ......... ::.:.......:::::';::::i: gg� gg yy99���cc:: ......... ...... ... ..."....... X. .....;..... .. .. .......:.::. •.. :. •. {{f�oopp .................. �:��atBi;,`::,,Y�vo�;o.�w �: .�'rS�i :�.$E•''..$.�.... �.�:: .�.K'v�: ,:�; � � .._ :. w�� >aA&�dm a��aoo;.)xo'�:xoor4K?.`. : 000; 'a+•� :", �' < /q Jp •::?k+o:;iayp oua moa yc'tq.;:�.k_.':�;q:'A.%ai'afii::.�: ' •� �,, U_E;'t .. xa.M. o 14 {� � _ t 311 3�rF Q07gM9D aY0 �. .. .y011 $� ......... + o... W. i .:.....: ;•.3 0'• .... . .u,x�a mea � ,. �irX>i-� �'.do�:i;?i�+d�•St• x�p a :•��O:'?e, idFo�iac�iaoo�;&ao�rt¢ ,;260�<'' NooS�doco:`•[ooOb:;C` , BUTTE COUNTY BOARD of SUPERVISORS Applicant: Dreisbach Family Trust Owner: Same Hearing Date: March 9, 1999 @ 9:00 a.m. Existing Zone: U(Unclassified) N Request: Rezone from Unclassified to TP2r160 for a 52 acre parcel that is contiguous to a TPZ-160 zone. No Scale Assessor Parcel No: 073-210-006 File:99-02 APPENDIX A 4- Resolution No. 79-20 PROCEDURE FOR TIMBER PRESERVE ZONING As Amended by Resolution No. 81-20 I. INITIAL ZONING A. The owner or owners shall submit, on form provided by the Planning Department, an application to the Planning Department. If the application is incomplete, the owner or owners shall be so notified. If the application is determined to be complete,the Planning Director shall send a copy to the forest property appraiser for the appraiser's recommendation. B. The Planning Commission shall set a public hearing on the proposed zoning. Notice of the time, date and place of said hearing, including a general explanation of the matter to be considered and including a general description of the area affected, shall be given at least ten (10) calendar days before the hearing in the following manner: 1. Notice shall be published at least once in a newspaper of general circulation, published and circulated in the county. 2. Notice of the hearing shall be given by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred (300) feet of the property which is the subject to the proposed zoning change. 3. In the event that the number of persons to whom notices would be sent pursuant to subdivision (2) hereof is greater than one thousand (1000),the Planning Commission may,as an alternative to the notice required by subdivision (2), provide notice pursuant to this subdivision. Such notice shall be given at least ten (10) days prior to the hearing by either of the following procedures: a. By placing a display advertisement of at least one-fourth page in the newspaper having the greatest circulation within the area affected by the proposed zoning change and at least one additional newspaper having general circulation within such area, if such additional newspaper is available, or b. By placing an insert with any generalized mailing sent by the county to property owners in the area affected by the proposed zoning change, such as billings for county service . areas. C. Any evidence to be received by the Planning Commission at the public hearing, other than oral testimony, unless rejected by the Planning Commission when offered, shall be surrendered to the Clerk of the Commission and become the property of the County of Butte. The Planning Director shall be the custodian of the record of the Planning Commission and shall keep, for at'least twelve (12) months following this presentation to the Commission, all evidence received by the Commission at a public hearing. At any time after twelve (12) months following this presentation, the Planning Director may dispose of any such evidence in any manner the Director shall deem proper. The Planning Director may, upon the expiration of twelve (12) months following a public hearing, release any evidence to the person or persons who presented that evidence at the public hearing so long as such person or persons request In writing to the Planning Director not more than sixty(60)days nor less than thirty (30)days prior to the expiration of the twelve (12) month period. 1. Notwithstanding the provisions of the above paragraph, the Planning Director shall forward to the Clerk of the Board of Supervisors all evidence received when the matter heard by the Y ' ������� •; Planning Commission results in a recommendation to the Board of Supervisors from the action of the Planning Commission. Upon receipt by the Clerk of the Board of Supervisors of the evidence forwarded pursuant to this section,the Gerk of the Board of Supervisors shall become( public custodian thereof and the twelve (12) month period shall commence after final action by the Board of Supervisors. D. Following the public hearing, the Planning Commission shall render its decision in the form of a written recommendation to the Board of Supervisors. Such recommendation shall Include the reasons for the recommendation,the relationship of the proposed amendment to the Butte County General Plan and any specific plan. The recommendation shall be transmitted to the Board of Supervisors within ninety (90) days after the date the hearing was dosed to the public. E. Upon receipt of any recommendations from the Planning Commission which recommends that the zoning proposal be approved,the Board of Supervisors shall set the matter for a public hearing and shall give notice of the time, date and place of said hearing at least ten (10) days prior to the hearing in the same manner as provided for the giving of notice by the Planning Commission. In any case in which the recommendation of the Planning Commission is to deny the proposed rezone, the Board of Supervisors shall not be required to take any further action thereon unless the owner or owners shall request such a hearing by filing a written request therefor with the Clerk of the Board not later than 5:00 p.m.on the fifth day following the date the Planning Commission files its recommendation with the Board; provided, that if said fifth day falls on a legal holiday, the request for hearing may be filed by 5:00 p.m. on the next day in which the office of the Clerk is open for business. Upon receipt of such a request for hearing, the Gerk shall immediately forward a copy of said request to the Planning Commission. If the Board of Supervisors sets a hearing following the recommendation for approval by the Planning Commission, or if the owner or owners request such public hearing following a denial by the Planning Commission, the Board of Supervisors shall take action upon the proposed zoning within ninety (90) days from the date of receipt of the Planning Commission's initial recommendation. If no action is taken within said ninety (90) days, the proposed zoning shall be deemed denied. F. An owner or owners whose proposed zoning to TPZ is denied may petition the Board of Supervisors for a rehearing on the proposed zoning. ll. REZONING FROM TIMBER PRESERVE ZONE A. The owner or owners shall submit a written application requesting rezoning to the Planning Department at least ninety (90) days prior to the anniversary date of the initial zoning. Hearings shall be held as provided for in Part I, Paragraphs B through E. B. The Board of Supervisors may approve, modify or disapprove the recommendations of the Planning Commission; provided that any modification of the proposed amendment by the Board shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within forty (40) days after the modification is referred to it shall be deemed to be approval of the proposed modification by the Planning Commission. C. All actions by the Planning Commission and the Board of Supervisors shall be completed within one hundred twenty (120) days of receipt of the written notice of the owner or owners desiring to rezone the parcel or parcels. If action is not completed within one hundred twenty (120) days, the petition for rezone shall be deemed denied. D. The decision of the Planning Commission and the Board of Supervisors shall be by majority vote of the full body. E. If the owner or owners' petition for rezone is approved, the new zone shall become effective ten (10)11 years from the date of approval. F. If the owner or owners' petition for the rezone is denied, the owner or owners may petition the Board of Supervisors for a rehearing. l III. BOARD OF SUPERVISORS' REZONE A. If the Board of Supervisors, after a public hearing held as provided for in Part I, Paragraphs B through E, and Part 11, Paragraphs C and D, and by a majority vote of the full body, decides not to extend the term of zoning, written notice shall be given of such non-renewal to the owner or owners of the parcels. The written notice shall contain the proposed new zone to be established. Such written notice shall be given at least ninety(90) days prior to the anniversary date of the initial zoning to timber preserve zone. B. Upon receipt by the owner or owners of the parcels of the notice of intention of non-renewal by the Board of Supervisors, the owner or owners may file a written appeal of such notice to the Board of Supervisors within thirty (30) days of receipt of said notice of non-renewal. C. Upon receipt from the owner or owners of a written protest of the zoning change, the Board of _ Supervisors shall hold a public hearing on the proposed change. The Board of Supervisors may reaffirm its intent to change the zoning by majority vote of the full body. D. Hearings on the proposed new zone shall be held as provided for in Part I, Paragraphs B through E, and Part 11, Paragraphs B, D, and E. E. The owner or owners may petition the Board of Supervisors for a rehearing. IV. IMMEDIATE REZONING - Conversion Required A. If the owner or owners of parcels have applied for conversion of timber land pursuant to Section 4621 of the Public Resources Code,the Board of Supervisors may tentatively approve the immediate rezoning of the parcel by a four-fifths vote of the full body. Hearings and notices of hearings shall be as provided for in Part I, Paragraph E. In addition, all owners of land situated within one mile of the exterior boundary of the parcel or parcels upon which immediate rezoning is proposed shall be given written notice. B. On the basis of the information presented to the Board of Supervisors at the hearing, the Board of Supervisors may tentatively approve immediate rezoning of the parcel or parcels when it finds that the immediate rezoning is not inconsistent with the purposes of subdivision (j) of section 3 of Article XIII of the Constitution of the State of California and of sections 51000ZMA.of the Government Code and that the immediate rezoning is in the public interest. C. The application for immediate rezoning with the Board's tentative approval shall be forwarded to the State Board of Forestry,together with a summary of the public hearing and any other information required by the Board of Forestry. If the State Board of Forestry approves the conversion pursuant to Section 4621.2 of the Public Resources Code, the Board of Supervisors' tentative approval shall become final. D. If the Board of Supervisors' tentative approval for immediate rezoning becomes final, the Board shall specify a new zone. Hearing procedures on the new zone shall be the same as in Part I, Paragraphs B through E. and Part ll, Paragraphs B, D, and E. V. IMMEDIATE REZONING - No Conversion Required A. An owner or owners of parcels shall file an application with the Planning Department. B. Hearing procedures shall be held as in Part I, Paragraphs B through E,and Part II, Paragraphs B, D,and E. C. The Board of Supervisors may approve the immediate rezoning only if by a four-fifths vote of the full Board it makes written findings that: 1. The immediate rezoning would be in the public interest; and 2. The immediate rezoning does not have a substantial and unmitigated adverse effect upon the continued timber-growing use or open-space use of other land zoned as timberland preservE.� and situated within one mile of the exterior boundary of the land upon which immediate rezoning is proposed; 3. The soils, slopes, and watershed conditions will be suitable for the uses proposed by the applicant if the immediate rezoning is approved; 4. The immediate rezoning is not Inconsistent with the purposes of subdivision Q) of Section 3 of Article XIII of the Constitution and of this chapter. D. The existence of an opportunity for an alternative use of the land shall not alone be sufficient reason for granting a request for immediate rezoning pursuant to this section. .Immediate rezoning shall be considered only If there is no proximate and suitable land which is not zoned timberland preserve for the alternate use not permitted within a timberland preserve zone. E. The uneconomic character os the existing use shall not be sufficient reason for the approval of immediate rezoning pursuant to this section. The uneconomic character of the existing use may be considered only N there is no other reasonable or comparable timber-growing use to which the land may be put. VI. ADDITIONS TO EXISTING TIMBER PRESERVE ZONES A. An owner or owners of parcels already zoned as timberland preserve may petition the Board of Supervisors to add to said timberland preserve zone, contiguous parcels. B. Such parcel or parcels must be devoted to and used for the growing and harvesting of timber or for the growing and harvesting of timber and compatible uses which is/are in compliance with part (1) of Section 24-190 of the Butte County Code, and which is/are capable of growing an annual average volume of wood fiber of at least fifteen (15) cubic feet per acre. C. If said parcels meet the requirements of B above, the Board of Supervisors may add the parcels to the Timber Preserve Zone. D. The requirements of Part I of this Resolution are not applicable to the above petition. t r I� January 14, 1999 Steve Betts Butte County Planning Division 7 County Center Drive Oroville,Ca 95969 RE:File#REZ 99-02 i - Dear Steve: I am the Forester who did the Timber Cruise on APN 073-210-006. I hereby certify that the above parcel is capable of producing more that 15 cubic feet of timber per acre. Please feel free to contact me at 530-675-2343 if I can be of further assistance. Sincerely, / Ron Hague R. P.F.#2388 cc:Ron Dreisbach Al Pelton Planning Division 0mviUa.Calwomia a • ! Vicinity Map �pBRo Lu y. Qr Project Location BU-- - ;CO, YUBA COUNTY I REZ 99-02 APN 073-21.0-006 • -. , ,, }� Y `�M � M��i��IM11��p r . Y fi r � i 4 1 ' e.a i 4-11 LAND OF NATURAL WEALTH AND BEAUTY r ' PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE,CALIFORNIA 95965-3397. • TELEPHONE: (530)538-7601 FAX: (530)538-7785 February 9, 1999 Dreisbach Family Trust P.O. Box 7509 Oakland, CA 94601 Re: Rezone, AP 073-210-006, REZ 99-02 Gentlemen: The Clerk of the Board of Supervisors set public hearing for March 9, 1999, at 10:15 a.m., to consider your application for a Rezone from "U" (Unclassified) to TPZ-160 (Timber Preserve Zone - 160 acre parcels) for a 52-acre parcel that is contiguous to a TPZ-160 zone southeast of the intersection of Binet Road and Mooreville Ridge Road, north of Clipper Mills. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Stephen Betts at this Office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /Ir •a .' -, . , t - .� _ � . . _ { Y'. . 1 � � � � ♦ � _t - f � � � S� 1 _ - t �- - .� �� � y� ` i + 1 � � M � - - �� • t � � T � � � � - � _ �i4 � ' - .� w k f � ` t � - � l ' ` ' - - � �. • _� - 1 - - 1 - ` .� � � � � � _ - ti- ` ., Y � • ♦ .. January 14, 1999 Steve Betts Butte County Planning Division 7 County Center Drive Oroville,Ca 95969 RE:File#REZ 99-02 Dear Steve: I am the Forester who did the Timber Cruise on APN 073-210-006. I hereby certify that the above parcel is capable of producing more that 15 cubic feet of timber per acre. Please feel free to contact me at 530-675-2343 if I can be of further assistance. Sincerely, Ron Hague R. P.F.#2388 cc:Ron Dreisbach Al Pelton pIanringDivisi®n ,+ 112 11999 pmviiio,Caiwomia APPENDIX A Resolution No. 79-20 PROCEDURE FOR TIMBER PRESERVE ZONING I. INITIAL ZONING A. The owner or owners shall submit, on form provided by the Planning'Department, an application to the Planning Department. If the application is incomplete, the owner or owners shall be so notified. If the application is determined to be complete,the Planning Director shall send a copy to the forest property appraiser for the appraiser's recommendation. B. The Planning Commission shall set a public hearing on the.proposed zoning. Notice of the time, date and place of said hearing, including a general explanation of the matter to be considered and including a general description of the area affected, shall be given at least ten (10) calendar days before the- hearing in the following manner: 1. Notice shall be published at least once In a newspaper of general circulation, published and circulated in the county. 2. Notice of the hearing shall be given by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred (300) feet of the property which is the subject to the proposed zoning change. 3. In the event that the number of persons to whom notices would be sent pursuant to subdivision (2) hereof is greater than one thousand (1000),the Planning Commission may,as an alternative to the notice required by subdivision (2), provide notice pursuant to this subdivision. Such notice shall be given at least ten (10) days prior to the hearing by either of the following procedures: a. By placing a display advertisement of at least one-fourth page in the newspaper having the greatest circulation within the area affected by the proposed zoning change and at least one additional newspaper having general circulation within such area, H such additional newspaper is available, or b. By placing an insert with any generalized mailing sent by the county to property owners in the area affected,by the proposed zoning change, such as billings for county service . areas. - C. Any evidence to be received by the Planning Commission at the public hearing, other than oral testimony, unless rejected by the Planning Commission when offered, shall be surrendered to the Clerk of the Commission and become the property of the County of Butte. The Planning Director shall be the custodian of the record of the Planning Commission and shall keep, for at least twelve (12) months following this presentation to the Commission, all evidence received by the Commission at a public hearing. At any time after twelve (12) months following this presentation, the Planning Director may dispose of any such evidence in any manner the Director shall deem proper. The Planning Director may, upon the expiration of twelve (12) months following a public hearing, release any evidence to the person or persons who presented that evidence at the public hearing so long as such person or persons request In writing to the Planning Director not more than sixty(60)days nor less than thirty (30)days prior to the expiration of the twelve (12) month period. 1. Notwithstanding the provisions of the above paragraph,.the Planning Director shall forward to the Clerk of the Board of Supervisors all evidence received when the matter heard by the Planning Commission results in a recommendation to the Board of Supervisors from the action of the Planning Commission. Upon receipt by the Clerk of the Board of Supervisors of the evidence forwarded pursuant to this section,the Gerk of the Board of Supervisors shall become( public custodian thereof and the twelve (12) month period shall commence after final action by the Board of Supervisors. D. Following the public hearing, the Planning Commission shall render its decision in the form of a written recommendation to the Board of Supervisors. Such recommendation shall Include the reasons for the recommendation,the relationship of the proposed amendment to the Butte County General Plan and any specific plan. The recommendation shall be transmitted to the.Board of Supervisors within ninety (90) days after the date the hearing was closed to the public. E. Upon receipt of any recommendations from the Planning Commission which recommends that the Toning proposal be approved,the Board of Supervisors shall set the matter for a public hearing and shall give notice of the time, date and place of said hearing at least ten (10) days prior to the hearing in the same manner as provided for the giving of notice by the Planning Commission. In any case in which the recommendation of the Planning Commission is -to deny the proposed rezone, the Board of- _ Supervisors shall not be required to take any further action thereon unless the owner or owners shall request such a hearing by filing a written request therefor with the Clerk of the Board not later than 5:00 p.m.on the fifth day following the date the Planning Commission files its recommendation with the Board; provided, that if said fifth day falls on a legal holiday, the request for hearing may be filed,by 5:00 p.m. on the next day in which the office of the Clerk is open for business. Upon receipt of such a request for hearing, the Clerk shall immediately forward a copy'of said request to the Planning Commission. If the Board of Supervisors sets a hearing following the recommendation for approval by the Planning Commission, or if the owner or owners request such public hearing following a denial by the Planning Commission, the Board of Supervisors shall take action upon the proposed zoning within ninety (90) days from the date of receipt of the Planning Commission's initial recommendation. If no action is taken within said ninety (90) days, the proposed zoning shall be deemed denied. F. An owner or owners whose proposed zoning to TPZ is denied may petition the Board of Supervisors for a rehearing on the proposed zoning. II. REZONING FROM TIMBER PRESERVE ZONE A. The owner or owriers shall submit a written application requesting rezoning to the Planning Department at least ninety (90) days prior to the anniversary date of the initial zoning. Hearings shall be held as provided for in Part I, Paragraphs S through E. B. The Board of Supervisors may approve, modify or disapprove the recommendations of the Planning Commission provided that any modification of the proposed amendment by the Board shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within forty (40) days after the modification is referred to it shall be deemed to be approval of the proposed modification by the Planning Commission. C. All actions by the Planning Commission and the Board of Supervisors shall be completed within one hundred twenty (120) days of receipt of the written notice of the owner or owners desiring to rezone the parcel or parcels. If action is not completed within one hundred twenty (120) days, the petition for rezone shall be deemed denied. D. The decision of the Planning Commission and the Board of Supervisors shall be by majority vote of the full body. E. If the owner or owners' petition for rezone is approved, the new zone shall become effective ten (10)% years from the date of approval. F. If the owner or owners' petition for the rezone is denied, the owner or owners may petition the Board of Supervisors for a rehearing. III. BOARD OF SUPERVISORS' REZONE A. If the Board of Supervisors, after a public hearing held as provided for in Part I, Paragraphs B through E, and Part II, Paragraphs C and D, and by a majority vote of the full body, decides not to extend the term of zoning, written notice shalt be given of such non-renewal to the owner or owners of the parcels. The written notice shall contain the proposed new zone to be established. Such written notice shall be given at least ninety (90) days prior to the anniversary date of the Initial zoning to timber preserve zone. B. Upon receipt by the owner or owners of the parcels of the notice of Intention of non-renewal by the Board of Supervisors, the owner or owners may file a written appeal of such notice to the Board of Supervisors within thirty (30) days of receipt of said notice of non-renewal. C. Upon receipt from the owner or owners of a written protest of the zoning change, the Board of Supervisors shall hold a public hearing on the proposed change. The Board of Supervisors may reaffirm its intent to change the zoning by majority vote of the full body. D. Hearings on the proposed new zone shall be held as provided for in Part I, Paragraphs B through E, and Part II, Paragraphs B, D, and E. E. The owner or owners may petition the Board of Supervisors for a rehearing. IV. IMMEDIATE REZONING - Conversion Required A. If the owner or owners of parcels have applied for conversion of timber land pursuant to Section 4621 of the Public Resources Code,the Board of Supervisors may tentatively approve the immediate rezoning of the parcel by a four-fifths vote of the full body. Hearings and notices of hearings shall be as provided for in Part I, Paragraph E. In addition, all owners of land situated within one mile of the exterior boundary of the parcel or parcels upon which immediate rezoning is proposed shall be given written notice. B. On the basis of the information presented to the Board of Supervisors at the hearing, the Board of Supervisors may tentatively approve immediate rezoning of the parcel or parcels when it finds that the immediate rezoning is not inconsistent with the purposes of subdivision 0) of section 3 of Article XIII of the Constitution of the State of California and of sections 51000gtM. of the Government Code and that the immediate rezoning is in the public interest. C. The application for immediate rezoning with the Board's tentative approval shall be forwarded to the State Board of Forestry,together with a summary of the public hearing and any other information required by the Board of Forestry. If the State Board of Forestry approves the conversion pursuant to Section 4621.2 of the Public Resources Code, the Board of Supervisors' tentative approval shall become final. D. If the Board of Supervisors' tentative approval for immediate rezoning becomes final, the Board shall specify a new zone. Hearing procedures on the new zone shall be the same as in Part I, Paragraphs B through E, and Part II, Paragraphs B, D, and E. V. IMMEDIATE REZONING - No Conversion Required A. An owner or owners of parcels shall file an application with the Planning Department. B. Hearing procedures shall be held as in Part I, Paragraphs B through E, and Part II, Paragraphs B, D,and E. C. The Board of Supervisors may approve the immediate rezoning only if by a four-fifths vote of the full Board it makes written findings that: 'a 1. The immediate rezoning would be in the public interest; and 2. The immediate rezoning does not have a substantial and unmitigated adverse effect upon the continued timber-growing use or open-space use of other land zoned as timberland preserve and situated within one mile of the exterior boundary of the land upon which immediate rezoning Is proposed; 3. The soils, slopes, and watershed conditions will be suitable for the uses proposed by the applicant if the immediate rezoning is approved; 4. The-immediate rezoning is not inconsistent with the purposes of subdivision Q) of Section 3 of Article XIII of the Constitution and of this chapter. D. The existence of an opportunity^for an alternative use of the land shall not alone be sufficient reason for granting a request for immediate rezoning pursuant to this section. Immediate rezoning shall be considered only if there is no proximate and suitable land which is not zoned timberland preserve for the alternate use"not-permitted within a timberland preserve zone. E. The uneconomic character os the existing use shall not be sufficient reason for the approval of immediate rezoning pursuant to this section. The uneconomic character of the existing use may be considered only If there is no other reasonable'or comparable timber-growing use to which the land may be put. VI. ADDITIONS TO EXISTING TIMBER PRESERVE ZONES A. An owner or owners of parcels already zoned as timberland preserve may petition the Board of Supervisors to add to said timberland preserve zone, contiguous parcels. B. Such parcel or parcels must be devoted to and used for the growing and harvesting of timber or for the growing and harvesting of timber and compatible uses which is/are.in compliance with part (1) of Section 24-190 of the Butte County Code, and which is/are capable of growing an annual average( volume.,of wood fiber of at least fifteen (15) cubic feet per acre. C. If said parcels meet the requirements of B above, the Board of Supervisors may add the parcels to the Timber Preserve Zone. Planning Division Resolution No.81-20 RESOLUTION AMENDING RESOLUTION 79-20 DEC 2 'V 1998 Oroville,California WHEREAS, Resolution 79-20 was adopted by this Board to establish procedures for Timber Preserve Zoning ('TPZ); and WHEREAS, those procedures adopted by Resolution 79-20 established a hearing process by the Planning Commission before approval by the Board of Supervisors; and WHEREAS, Section 51113.5 of the Government Code provides that if an owner or owners with timberlands already in a timber preserve zone, petitions to have additional lands that are contiguous to timberland, already zoned as timberland preserve, added to the Timber Preserve Zone, the requirements of a hearing by the Planning Commission are not applicable; and WHEREAS, requests have been received for such additions of contiguous land to land already under a timber preserve zone; NOW, THEREFORE, BE IT RESOLVED by this Board that Resolution 79-20 is hereby amended by adding the following: Additions To Existinx Timber Preserve Zones VI A. An owner or owners of parcels already zoned as timberland preserve, may petition the Board of Supervisors to add to said timberland preserve zone, contiguous parcels. B. Such parcel/parcels must be devoted to and used for the growing and harvesting of timber or for the growing and harvesting of timber and compatible uses which is/are in compliance with part (a) of Section 24-190 of the Butte County Code, and which is/are capable of growing an annual average volume of wood fiber of at least fifteen (15) feet per acre. Post4r Fax NOW 7871 °+�'' V' tb Ree Y CQAXM Co. Plate I PhM • A Fq• v/ -2- C. If said parcels meet the requirements of B above, i the Board of Supervisors may add the parcels to the Timber Preserve Zone. D. The requirements of Part I of this Resolution are not applicable to the above petition. PASSED AND ADOPTED by the Butte County Board of Supervisors this 20th day of _ danuarw 1981, by the following vote: AYES: Supervisors Dolan,' Lemke, Saracen, Wheeler and Chairman Moseley NOES: None ABSENT; . None NOT VOTING: 17one BZKLnAM , aian Butte County Board o Supervi rs ATTEST- CLARK A. NELSON, County Clerk and ex-officio Clerk of the Board By 1 INTER-DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Diane Brown, Assessor's Office From: Steve Betts, Associate Planner(7601) Subject: Rezone from Unclassified to TPZ-160 on APN 073-210-006 for the Dreisbach Family Trust, File#REZ 99-02 Date: January 25, 1999 Thank you for your comments regarding the above referenced project. For your records, attached is a letter from the applicant's RPF verifying the growth capability of the project site. Thank you. e b- �1 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Assessor FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Dreisbach Family Trust,REZ 99-02 DATE: January 6,1999 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed,please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone from Unclassified to TPZ-160 for a 52-acre parcel that is contiguous to a TP 160 zone on property zoned U(Unclassified)located southeast of the intersection of Binet Road and Mooreville Ridge Road,north of Clipper Mills,identified as APN 073-210-006. Supervisorial District No.1. N.— - THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON May 13, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 21,1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): /^ % / / fro ",s -in r O mac. d T �d.�,LG.�,. -L 1 ,,k2L h n,y4 y, Pe 7Dn, TP 1!Q D 1-5 0 AN AI 7 2 1GG�Q NV ��yille�,C>�I�fomia By: /��,w `-' Date: 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 January 14, 1999 Steve Betts Butte County Planning Division 7 County Center Drive Oroville,Ca 95969 RE:File#REZ 99-02 Dear Steve: I am the Forester who did the Timber Cruise on APN 073-210-006. I hereby certify that the above parcel is capable of producing more that 15 cubic feet of timber per acre. Please feel free to contact me at 530-675-2343 if I can be of further assistance. Sincerely, A4 Ron Hague R. P.F.#2388 cc: Ron Dreisbach Al Pelton planning J-4 2.1 1999 d�u®9�6�omt� 0 0 IP19 DIy181on BUTTE COUNTY JAN I 11999 DEPARTMENT OF DEVELOPMENT SERVICES is PLANNING DIVISION e � TO: California Department of Forestry FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Dreisbach Family Trust,REZ 99-02 DATE: January 6,1999 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed,please call 538-7601: Thank you in advance for your time and efforts. This is an application for Rezone from Unclassified to TPZ-160 for a 52-acre}parcel that is contiguous to a TPZ- 160 zone on property zoned U(Unclassified)located southeast of the intersection of Binet Road and Mooreville Ridge Road,north of Clipper Mills,identified as APN 073-210-006. Supervisorial District No.1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON May 13, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 21, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): By: Date: 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 INTER-DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Assessor's Office From: Steve Betts, Associate Planner(760 1) . Subject: Request for comments for the rezone from Unclassified to TPZ-160 on APN 073- 210-006 for the Dreisbach Family Trust, File#REZ 99-02 Date: January 8, 1999 We recently sent your office a request for comments regarding the above referenced project. However, we did not include the attached timber assessment for the property. Per County Code Section 24-195.B and Board Resolution 78-20 (as amended by Resolution 81-20), the Assessor's Office must determine if the property is capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre. I am not sure if the attached timber assessment is sufficient data for you to make that determination. If not, please let me know so that we can request additional information from the applicant. Thank you. I i BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: LAFCo FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Dreisbach Family Trust,REZ 99-02 DATE: January 6,1999 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed,please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone from Unclassified to TPZ-160 for a 52-acre parcel that is contiguous to a TPZ- 160 zone on property zoned.U(Unclassified)located southeast of the intersection of Binet Road and Mooreville Ridge Road,north of Clipper Mills,identified as APN 073-210-006. Supervisorial District No.1. '064 000 THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON May 13, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 21, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): �AiPCppEG LOCATED W: lJLI e /'/OSA/AdD CD/l?�OI Z. Fea4e- P LE, Park� gee. NO App/-nDNAt- CnmmLcA17-s 3. yubt, calege- y MG sy,l/1 Unlit d S.t2. S. CSA IUO- IGg By: 'J r Date: z 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-5 ,wng Division V Oroviile,Gaiifornia 15261. Ongoing Project. (2) Any state university or college, (a) If a project being carried out by a public agency was approved prior to for the preparation and adoption of a long-ran( November 23, 1970, the project shall be exempt from CEQA unless either of the following (b) CEQA shall apply to the certificz' conditions exists: land use development plan by the California C (1) A substantial portion of public funds allocated for the project have not been (c) This section shifts the burden o' spent, and it is still feasible to modify the project to mitigate potentially adverse the state university or college to the Cali environmental effects, or to choose feasible alternatives to the project, including the Commissions program of certifying local c alternative of "no project" or halting the project; provided that a project subject to the development plans has been certified unde National Environmental Policy Act (NEPA) shall be exempt from CEQA as an on-going See Section 15192. project if, under regulations promulgated under NEPA, the project would be too far advanced as of January 1, 1970,to require preparation of an EIS. 15266. General Plan Time Exti (2) A public agency proposes to modify the project in such a way that the project CEQA shall not apply to the grantin might have a new significant effect on the environment. Planning and Research to a city or county for (b) A private project shall be exempt from CEQA if the project received approval elements of a city or county general plan. of a lease, license, certificate, permit, or other entitlement for use from a public agency prior to April 5, 1973,subject to the following provisions: 15267. Financial Assistance (1) CEQA does not prohibit a public agency from considering environmental Housing. factors in connection with the approval or disapproval of a project, or from imposing CEQA does not apply to actions t reasonable fees on the appropriate private person for entity for preparing an environmental Community Development to provide Einar report under authority other than CEQA. Local agencies may require environmental construction of residential housing for person reports for projects covered by this paragraph pursuant to local ordinances during this defined in Section 50093 of the Health and interim period. the subject of the application for financial (2) Where a project was approved prior to December 5, 1972, and prior to the �. approvals are granted by another agency. date the project was legally challenged for noncompliance with CEQA,the project shall be bound by special rules set forth in Section 21170 of CEQA. . 15268. Ministerial Projects (3) Where a private project has been granted a discretionary governmental (a) Ministerial projects are s. approval for part of the project before April 5, 1973, and another or additional discretionary determination of what is "ministerial" can rr exerr governmental approvals after April 5, 1973,the project shall be subject to CEQA only if the public agency involved based upon its anal% approval or approvals after April 5, 1973, involve a greater degree of responsibility or should make such determination either as s control over the project as a whole than did the approval or approvals prior to that date. r case-by-case basis. 15262. Feasibility and Planning Studies. (b) In the absence of any discrordinance or other law establishing the re( A project involving only feasibility or planning studies for possible future actions entitlement for use,the following actions shal which the agency, board, or commission has not approved, adopted, or funded does not (1) Issuance of building permits. require the preparation of an EIR or negative declaration but does require consideration of (2) Issuance of business licenses.environmental factors. This section does not apply to the adoption of a plan that will have (3) Approval of final subdivision a legally binding effect on later activities. mi (4) Approval on individual utility se 15263. Discharge Requirements. (c) Each public agency should, in � m, provide an identification or itemization of The State Water Resources Control Board and the regional boards are exempt from ministerial under the applicable laws and ordi the requirement to prepare an EIR or a negative declaration prior to the adoption of waste _.r (d) Where a project involves an discharge requirements, except requirements for new sources as defined in the Federal ministerial action and a discretionary action, Water Pollution Control Act or in other acts which amend or supplement the Federal Water and will be subject to the requirements of CE( Pollution Control Act. The term "waste discharge requirements" as used in this section is the equivalent of the term"permits"as used in the Federal Water Pollution Control Act. 15269. Emergency Projects. 15264. Timberland Preserves. The following emergency projects are (a) Projects to maintain, repair, Local agencies are exempt from the requirement to prepare an EIR or negative ,> facilities damaged or destroyed as a result declaration on the adoption of timberland preserve zones under Government Code,' which a state of emergency has been pr Sections 51100 et seq. (Gov.Code, Sec 51119). California Emergency Services Act, comme 15265. Adoption of Coastal Plans and Programs. Code. (b) Emergency repairs to public (a) CEQA does not apply to activities and approvals pursuant to the California service. Coastal Act(commencing with Section 30000 of the Public Resources Code)by: (c) Specific actions necessary to p (1) Any local government, as defined in Section 30109 of the Public Resources Code,necessary for the preparation and adoption of a local coastal program,or 118 119 7,-; kt A T�tl 7.11 Vr- 'A A v CHIS Al�OMINIS-I'IZA'I'[Vr--O)I--I--ICrE COUIN 25 COUNTY CENTEn on. OFIOVILI.E.C.Al WorINIA 9500t,.3�180,(;Im) fQ0.4631 MEMBERS rj( Mr.BOARD ViASKVI, A M01ITURF JAIJE DOLAPI CK$EF ADVINISTRAFNE CWFICE14 IIILDA WfICELER W MLAUG11L,?4 I-Etf FULTon December 3, 1986 40 t Soper-Wheeler S. Strawberry Valley, Ca. 95981 Re, Rezone. File 97-17 Gentlemen: At the regular meeting of the Butte County Board of Supervisors held December 2. 1986, a public hearing date was set for January 6, 1987 at 2:00 p.m., to consider your request for a rezone from U to TPZ-160 for property located approximately 1 1/2 miles northwest of the Lost Creek Reservoir Dam. approximately 4 miles south of Feather Falls, jF identified as AP 73-08-06, Feather Falls. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville. Shoule. you have any questions regarding this matter, please contact the Planning Department at 534-4601 between 10:00 a.m. and 3%00 p.m. • Very truly yours, Martin J. Nichols Chief Administrative Officer "Ij .; fpY X; w7' - A -_nv;lwll Y, SOPER-WHEELER COMPANY STRAWBERRY VALLEY e' Co.MaMM9CamM CALIFORNIA 95981 AUG 14 1986 1 ® Orv.BM,,Cnlifonir „ August 12, 1906 GuLLL County Board of Supervisurr. 25 County Center Drive Orovilic, CA 959G5 Gentleman; Soper-Wheeler Cowpany by this letter petitions the Butte County Board of Supervisors to acid Assessur'o parcel nu;.fiber 073-00-0-006-0 to Soper-:Si:ccler Co;;-.rj.ny':; t•mbcr- land preserve pursuiant to section 51113.5 of the Calif- ornia Government Code. This parcel consists of 10 -acres of land described as the. Southeast quarter of the North- West quarter of the Northuast quarter of Suction 23, Township 20 North, Range 7 East; :f. D. ?1. , and was recently acquired by Super-blheeler Co:.,p..ny. This parcel is contiguous with and surrounded by our ti•s,ber- land preserve in Butte and County. The lane) i3 goud quality timberland and exceeds ti,e requircent of cgro•.i:ng at least 15 cubic feet per acre per year. Sincereiy, r1 l) Richard D. Cusuns ;u��er-`r7:l�elur Cuc.many cc Assessor - Bob Fialho cc Plannin, Dept. - Craig Sanders TREE FARMING SINCE 1904 TELEPHONE 916 675-2343 II I l a IS Z V 6 Y, ? f7p T 6;oi ,g tv LAND OF NATURAL V-'EA1 TH AND BEA() TY PLANNING COMMISSION 7 COUN1Y CENTER DRIVE - OROVILLE,CALIFCRNIA 5590-3377 k PHONE:534-4601 V October 24, 1986 SOPER-WHEELER Stawberry Valley California 95981 RE: Rezone, 87-17 Gentlemen: This is to notify you that we have received your application for a Rezone on property zoned from U (Unclassified) to TPZ-160 (Timber Preserve - 160 acres) , located approximately lh miles northwest of the Lost Creek Reservoir Dam 4 approximately 4 miles south of Feather Falls ,z GAJ. An initial study of potential environmental consequences anticipated in connection with this project is being completed Y. by the Butte County Planning Department and will be forwarded to you. Shou Id you have any questions regarding this matter, please feel free to contact this office. Sincerely, % 6., B.A. KIRCHER Director-of Planning Stephen A. Streeter Senior Planner SAS:Jmc .4 It W�2—C,. J Y i 'r— rlt-P v'j,4_' -4 V r •j CHIP ADM INISTRATIVEIPF ICE COUNTY OI° IM71'1 25 COUNTY CENTEn On.I OIIOVILLE.CAI IFOITNIA 95995.33no,19 IJH 5.14.4031 • lu"*Ce.A4gn1n � gC ` MEMBERSOF THE BOARD • DUh`j HASKEL A.McINTURF NOV 18 lybp JANE DCLAN MA,I IINJ IIICII(1[$ Crus.,AWINI$[nA[IVC Oc,K:[n HILDA wHEELER Aravill�, C ditorny ED McIAVGHUN LEN FULTG:4 November 13, 1986 Soper-Vheeler Strawberry valley, CA 95981 Gen`1emen: The Clerk of the Board has been notified by the Planning Department that your rezone application has proceeded to the point that it gay be submitted to the Board of Supervisors for setting a public hearing date. Pursuant to the provisions of Butte County Code Section 24-28.1, an estim..ated publishing fee of the rezone ordinance shall be deposited with this office prior to the Board setting a public hearing. This office has reviewed your rezone application and estimates the cost of publication and staff time at $100. Accordingly, we would request that you 'forward your check in the anount of $100 to this office made payable to the "Butte Ccunty Treasurer." Upon receipt of the monies, we will ask. the Board of Supervisors to set a public hearing. Very tr y yours, I� M r iI f11 h is Chief Administrative Officer MJ11M/cap cc: Board of Supervisors Y.embers /6ettye Kircher, Director of Planning r � � r FILE NO.: 87-17 BUTTE COUNTY BOARD OF SUPERVISORS' STAFF FINDINGS - January 6, 1987 APPLICANT: Soper-Wheeler Company OWNER: Same REQUEST: Rezone from U to TPZ-160 AP NO.t 73-08-06 SIZE.' 10 acres LOCATIONt Approximately 1 1/2 miles northwest of the Lost Creek Reservoir Dam, approximately 4 miles south of Feather Falls. EXISTING ZONING$ U ZONING HISTORY: Zoned U Sept. 17, 1985 Ord. 2488 SURROUNDING ZONING: TPZ-160 SURROUNDING LAND USE: Timber and open lands GENERAL PLAN DESIGNATIONt Timber Mountain APPLICABLE REGULATIONS: Butte County Code Section 24-190 and Butte County Boaro of Supervisors Res. No. 79-20 &nplynIst This project by the Soper-Wheeler Company is a request to add 10 acres of timber land to the TPZ-160 zone. The subject property is south of and adjacent to other property owned by Soper-Wheeler that is currently zoned TPZ-160. According to the Assessor's Office the property meets the requirements of the Government Code for Inclusion and also the Butte County Resolution regarding additions to existing Timber Preserve zones In that the subject property Is Contiguous to other lots zoned for timberland preserve owned by the applicant and is devoted to and used for the growing and harvesting of timber and is capable of growing an annual average volume of wood fiber of at least fifteen cubic feet per acre pursuant to Board of Supervisors Resolution 79-20 regarding timberland preserve zoning procedures. Additions of this nature are Categorically Exempt from environmental review, and the project meets the requirements of all applicable codes and statutes. ,V W 7 ! _ 1' �• i.T � i �n!Va �. /�� 1, t .! �r .� Ir � �.^ � 1 _ •r 7:' BUTTE CIJUNTY BOARD (OSUPERVISORS STAFF FINDINGS - January 6, 1987 Page 2 Recommendatlonat A. Find that this project Is categorically exempt from environmental review; and A •0, B. Find that the project Is consistent with the policies of the Buttn County General Plan; and C. Adopt An Ordinance zoning to TPZ-160 that property located approximately 1 1/2 miles northwest of the Lost Creek Reservoir Dom Identified As AP 73-08-06 (Soper-wheeler Company). ORH:Ir tF .0� i.z J 6 WrIF7; ./tp v 1FA 'V RT7t TA ), ; - T i!•'' r� t� 1 71 L .� I y '.f( i ' { 7 4 zoo A: .4 ..1"7 Soper-Wbeeler rezone (item determined to be categorically exempt from environmental r eview) from U (unclassified) to TPZ-160 t imber preserve - 160 acre parcels) for property locatL-dapproximately one and one-half miles northwest of the Lost Creek Reservoir Dam, app:cxi.-..at,21y four miles south of Feather Falls, identified as AP 73-08-06, Feather Falls. P2KA 126 87-23 Motion: FOUND THAT THE PROJECT IS CATEGORICALLY EXEMPT FROh fcont'd) ENVIRONMENTAL REVIEW; FOUND THAT THE PROJECT IS CONSISTENT WITH THE POLICIES GENERAL PLAN; ADOPTED ORDINANCE 2575 ZO11111C TO TPZ-160 THAT PROPERTY LOCATED APPROXIMATELY ONE AIID ONE- HALF MILES NORTHWEST OF THE LOST CREEK RESERVOIR DAM, IDENTIFIED AS AP 73-08-06, SOPER-UHEELER COMPANY. Vote, 1 Y 2 Y 3' Y 4 Y 5 AB (Motion carried; f E. % .'of 16 T I A c BUTTE COUNTY BOAn OF SUPERVISORS MINUTES - January 6. 1987 &V .'*,t. P WAIS Dociiment Retrieval http://www.leginfo.ca.gov/cgi-bin/waiS t ocID=4738416963+0+0+0&WAISaction=retrieve e. CALIFORNIA CODES GOVERNMENT CODE SECTION 51100-51104 51100. This chapter shall be known and may be cited as the California Timberland Productivity Act of 1982. 51101. The Legislature hereby finds and declares all of the following: (a) The forest resources and timberlands of this state, together with the forest products industry, contribute substantially to the health and stability of the state's economy and environment by providing high quality timber, employment opportunities, regional economic vitality, resource protection, and aesthetic enjoyment. (b) The state's increasing population threatens to erode the timberland base and diminish forest resource productivity through pressures to divert timberland to urban and other uses and through pressures to restrict or prohibit timber operations when viewed as being in conflict with nontimberland uses. (c) A continued and predictable commitment of timberland, and of investment capital, for the growing and harvesting of timber are necessary to ensure the long-term productivity of the forest resource, the long-term economic viability of the forest products industry, and long-term stability of local resource-based economies. 51102. (a) The Legislature further declares that to fully realize the productive potential of the forest resources and timberlands of the state, and to provide a favorable climate for long-term investment in forest resources, it is the policy of this state to do all of. the following: (1) Maintain the optimum amount of the limited supply of timberland to ensure its current and continued availability for the growing and harvesting of timber and compatible uses. (2) Discourage premature or unnecessary conversion of timberland to urban and other uses. (3) Discourage expansion of urban services into timberland. (4) Encourage investment in timberlands based on reasonable expectation of harvest. (b) The Legislature further declares that it is the policy of this state that timber operations conducted in a manner consistent with forest practice rules adopted by the State Board of Forestry and Fire Protection shall not be or become restricted or prohibited due to any land use in or around the locality of those operations. 51103. It is the intent of the Legislature to implement the policies of this chapter by including all qualifying timberland in timberland production zones. 51104. As used in this chapter, unless otherwise apparent from the context: (a) "Board" means the board of supervisors of a county or city and 1 of 2 1/6/99 10:32 AM WAIS Document Retrieval http://www.leginfo.ca.gov/cgi-bin/wai .oc1D=4738416963+0+0+0&WAISaction=retrieve county, whether general law or chartered, which establishes or proposes to establish a timberland production zone pursuant to this chapter. (b) "Contiguous" means two or more parcels of land that are adjoining or neighboring or are sufficiently near to each other, as determined by the board or council, that they are manageable as a single forest unit. . (c) "Council" means the city council of a city, whether general law or chartered, which establishes or proposes to establish a timberland production zone pursuant to this chapter. (d) "County" or "city" means the county or city having jurisdiction over the land. (e) "Timber" means trees of any species maintained for eventual harvest for forest products purposes, whether planted or of natural growth, standing or down, on privately or publicly owned land, including Christmas trees, but does not mean nursery stock. (f) "Timberland" means privately owned land, or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compat=ible uses, and which is capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre. (g) "Timberland production zone" or "TPZ" means an area which has been zoned pursuant to Section 51112 or 51113 and is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, as defined in subdivision (h) . With respect to the general plans of cities and counties, "timberland preserve zone" means "timberland production zone." (h) "Compatible use" is any use which does not significantly detract from the use of the property for, or inhibit, growing and harvesting timber, and shall include, but not be limited to, any of the following, unless in a specific instance such a use would be contrary to the preceding definition of compatible use: (1) Management for watershed. (2) Management for fish and wildlife habitat or hunting and fishing. (3) A use integrally related to the growing, harvesting and processing of forest products, including but not limited to roads, log landings, and log storage areas. (4) The erection, construction, alteration, or maintenance of gas, electric, water, or communication transmission facilities. (5) Grazing. (6) A residence or other structure necessary for the management of land zoned as timberland production. (i) "Parcel" means that portion of an assessor's parcel that is timberland, as defined. (j) "Anniversary date" means the anniversary of the date on which zoning is established pursuarnt to Section 51112 or 51113 takes effect. (k) "Tax rate area" means a geographical area in which there is a unique combination of tax levies. (1) "Nonconforming use" means any use within a TPZ which lawfully existed on the effective date of zoning established pursuant to Sections 51112 and 51113, and continuing since that time, which is not a compatible use. 2 of 2 1/6/99 10:32 AM WAIS Document.Retrieval • http://www.leginfo.ca.gov/cgi-bin/waiswcID=4748917158+0+0+0&WAISaction=retrieve CALIFORNIA CODES GOVERNMENT CODE SECTION 51110-51119.5 51110. (a) On or before September 1, 1976, the assessor shall assemble a list of all parcels, regardless of size, which as of the lien date in 1976, were assessed for growing and harvesting timber as the highest and best use of the land, including all such parcels or portions thereof under agricultural preserve contracts. (b) On or before September 1, 1976, the assessor shall notify by mail, which is certified and with return receipt requested, owners of parcels listed under subdivision (a) that their land has been included in such a list. This notice shall be substantially in the following form: To: (name of taxpayer) Pursuant to the Z 'berg-Warren-Keene-Collier Forest Taxation Reform Act of 1976, County must provide for the zoning of land used for growing and harvesting timber as timberland preserve zone (TPZ) . A TPZ is a 10-year restriction on the use of land, and will replace the use of agricultural preserves (Williamson Act contracts) on timberland. Land use under a TPZ will be restricted to growing and harvesting timber, and to compatible uses approved by the county (or city) . In return, taxation of timberland under a TPZ will be based only on such restrictions in use. To initiate this zoning procedure, the assessor has assembled a list (list "A") of all those parcels assessed for property tax purposes for growing and harvesting timber as the highest and best use of the land as of March 1, 1976. The following parcels of your land have been included in this list "A": (legal description or assessor's parcel no. ) If you have one or more parcels listed above which you believe have a highest and best use other than growing and harvesting timber, you must submit to the assessor a written affidavit describing the intended use you have for this parcel (s) , and do so before October 1, 1976. The assessor will then designate such parcel (s) as "contested" on the final list of these parcels which is submitted to the county board of supervisors (or city council) on October 15, 1976. A public hearing will be held prior to March 1, 1977, for the consideration of zoning your parcel (s) as TPZ. You will be given at least 20 days ' notice of such hearing. Under the Timber Yield Tax Law, all noncontested parcels included in the final list "A" will be zoned as TPZ unless the owner can demonstrate to the satisfaction of a majority of the full board (or council) that at least one of the following conditions exists: (i) -That the parcel or parcels are not capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre; or (ii) That the current use of the parcel has changed subsequent to March 1, 1976, and that such use is no longer the growing and harvesting of timber, and is not compatible with the growing and harvesting of timber. Parcels designated as "contested" which appear on list "A" will be zoned as TPZ unless the owner can demonstrate to the satisfaction of a majority of the full board (or council) that it would not be in the public interest for such parcels (s) to be zoned as TPZ. Parcels in list "A" not zoned as TPZ will receive an alternate zone, if no appropriate zone currently exists. "Contested" parcels not zoned as TPZ will be valued in the future on a higher and better use of the 1 of 7 1/6/99 10:34 AM WAIS Document Retrieval • http://www.leginfo.ca.gov/cgi-bin/waisocID=4748917158+0+0+0&WAISaction=retrieve ib land. Detailed information on the TPZ zoning process and the Z' berg-Warren-Keene-C ollier Forest Taxation Reform Act in general may be obtained from your county assessor's office. (c) Upon notification pursuant to subdivision (b) owners of parcels listed pursuant to subdivision (a) may have one or more such parcels designated as "contested" in the following manner: On or before October 1, 1976, the owner must notify the assessor in a written affidavit that such a parcel has the highest and best use which is not a compatible use for timberland, as determined by the board or council pursuant to Section 51111, and the owner shall state the intended use for such parcel. Upon receipt of such affidavit, the assessor shall designate such parcels on the list to be submitted to the board or council pursuant to subdivision (d) as "contested". In preparing the assessment roll for the 1977-78 fiscal year and each fiscal year thereafter, the assessor shall take into account the owner's notice of higher and better use in determining the fair market value for such parcels, if such parcels are not zoned as timberland preserve. (d) On or before October 15, 1976, the assessor shall submit to the board or council a list of all parcels, regardless of size, which as of the lien date in 1976, are assessed for growing and harvesting timber as the highest and best use of the land, including such parcels designated as "contested" pursuant to subdivision (c) . This list shall be known as "list A". (e) On or before August 19, 1976, the State Board of Equalization shall submit to the county assessor for inclusion in list A those parcels on the board roll which are located in the county and which, as of the lien date in 1976, were assessed by the State Board of Equalization for growing and harvesting timber as the highest and best use of the land. 51110.1. (a) On or before September 1, 1977, the assessor shall assemble a list of all parcels, which, as of the lien date in 1976, appeared in the judgment of the assessor to constitute timberland, but which were not assessed for growing and harvesting timber as the highest and best use of the land. (b) On or before September 1, 1977, the assessor shall notify by mail, which is certified and with return receipt requested, owners of parcels listed under subdivision (a) that their land has been included in such a list. This notice shall be substantially in the following form: To: (name of taxpayer) Pursuant to the Z'berg-Warren-Keene-Collier Forest Taxation Reform Act of 1976, County must provide for the zoning of land used for growing and harvesting timber as timberland preserve zone (TPZ) . A TPZ is a 10-year restriction on the use of land, and will replace the use of agricultural preserves (Williamson Act contracts) on timberland. Land use under a TPZ will be restricted to growing and harvesting timber, and to compatible uses approved by the county (or city) . In return, taxation of timberland under a TPZ will be based only on such restrictions in use. As part of this zoning procedure, the assessor has assembled a list (list "B") of all those parcels which appear to be land used for growing and harvesting timber, but which are not assessed for property tax purposes as this being the highest and best use of the land. The following parcels of your land have been included in this list "B": 2 of 7 1/6/99 10:34 AM WAIS Document Retrieval . http://www.leginfo.ca.gov/cgi-bin/wais ocID=4748917158+0+0+0&WAISaction=retrieve (Legal description or assessor's parcel no. ) A public hearing will be held prior to March 1, 1978, for the consideration of zoning your parcel (s) as TPZ. You will be given at least 20 days' notice of such hearing. Under the Z'berg-Warren-Keene-Collier Forest Taxation Reform Act, all parcels included in this list "B" will be zoned as TPZ unless the owner can demonstrate to the satisfaction of a majority of the full board (or council) that it would not be in the public interest for such parcel (s) to be zoned as TPZ. Parcels on list "B" not zoned as TPZ will receive an alternate zone, if no appropriate zone currently exists. Detailed information on the TPZ zoning process and the Z' berg-Warren-Keene-Collier Forest Taxation Reform Act in general may be obtained from your county assessors office. (c) On or before October 15, 1977, the assessor shall submit to the board or council a list of all parcels, which as of the lien date in 1976, appear to constitute timberland, but which are not assessed for growing and harvesting timber as the highest and best use of the land. This list shall be known as "list B". (d) On or before August 19, 1977, the State Board of Equalization shall submit to the county assessor, for inclusion in list B, those parcels on the board roll which are located in the county and which as of the lien date in 1976, appear to constitute timberland, but which were not assessed by the State Board of Equalization for growing and harvesting timber as the highest and best use of the land. 51110.2. The county or city planning commission shall hold a public hearing on parcels referred to it for review by the board or council pursuant to subdivision (d) of Section 51110 and subdivision (c) of Section 51110.1 according to Section 65854, and shall render its decision in the form of a written recommendation to the board or council according to Section 65855. The planning commission shall include in its recommendation to the board or council considerations as to the exact zoning boundaries to be drawn within each assessors parcel contained in list A or list B. 51110.3. In the event that a landowner does not receive notice pursuant to subdivision (b) of Section 51110. 1, such owner may prior to January 1, 1978, petition directly to the board or council to have a parcel owned by such person included on list "B. " Such owner must be able to demonstrate that on each such parcel a plan for forest management has been prepared, or approved as to content, by a registered professional forester prior to October 15, 1977. Such plan shall provide for the harvest of timber within a reasonable period of time, as determined by the preparer of the plan. In the event= that the board or council finds that the parcel does in fact have plans for forest management signed by a registered professional forester prior to October 15, 1977, the board or council shall include the parcel listed in the petition on list "B" without respect to acreage or size and shall consider these parcels under subdivision (c) of Section 51112. 3 of 7 1/6/99 10:34 AM WAIS Document Retrieval • http://www.leginfo.ca.gov/cgi-bin/wais .ocID=4748917158+0+0+0&WAISaction=retrieve 51111. On or before October 1, 1976, the board or council shall adopt a list and a detailed description of additional compatible uses for parcels zoned as timberland production. 51112. (a) On or before March 1, 1977, the board or council by ordinance, after the advice of the planning commission pursuant to i Section 51110.2, and after public hearing, shall zone as timberland production all parcels appearing on list A submitted by the assessor pursuant to subdivision (d) of Section 51110 which are not designated as "contest, " unless it finds by a majority vote of the full body that a parcel or parcels are not devoted to and used for growing and harvesting timber or for growing and harvesting timber and compatible uses. The basis for such a finding is limited to either of the following: (1) The parcel is not in fact capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre; (2) The use of the parcel has changed subsequent to the lien date in 1976, and that such use no longer meets the definition of timberland, or of compatible uses as defined and as adopted by the board or council pursuant to Section 51111. (b) On or before March 1, 1977, the board or council by ordinance, after the advice of the planning commission pursuant to Section 51110.2, and after public hearing, shall zone as timberland production all parcels appearing on list A which are designated as "contested" pursuant to subdivision (c) of Section 51110, except those parcels which it finds by a majority vote of the full body to be in the public interest to exclude from such a zone. (c) On or before March 1, 1978, the board or council by ordinance, after the advice of the planning commission pursuant to Section 51110.2, and after public hearing, shall zone as timberland production all parcels appearing on list B submitted by the assessor pursuant to subdivision (c) of Section 51110.1, except those parcels which it finds by a majority vote of the full body to be in the public interest to exclude from such a zone. (d) On parcels excluded from the timberland production zone under this section, the board or council shall apply an alternate zone which is in conformance with the county general plan and whose primary use is other than timberland, if no such appropriate zone currently applies to such parcels. (e) The owner of the land shall be given written notice at least 20 days prior to the hearing of the board or council, and notice of hearing shall be published pursuant to Section 6061 of this code, and shall include a• legal description, or the assessor's parcel number, of the land which is proposed to be included within the timberland production zone. 51113. (a) (1) An owner may petition the board or council to zone his or her land as timberland production. The board or council by ordinance, after the advice of the planning commission pursuant to Section 51110.2, and after public hearing, shall zone as timberland production all parcels submitted to it by petition pursuant to this section, which meet all of the criteria adopted pursuant to subdivision (c) . Any owner who has so petitioned and whose land is not zoned as timberland production may petition the board or council for a rehearing on the zoning. (2) This section shall not be construed as limiting the ability of the board or council to zone as timberland production any parcel submitted upon petition that is timberland, defined pursuant to subdivision (f) of Section 51104, and which is in compliance with the 4 of 7 1/6/99 10:34 AM WAIS Document Retrieval . http://www.leginfo.ca.gov/cgi-bin/wais .ocID=4748917158+0+0+0&WAISaction=retrieve compatible use ordinance adopted by the board or council pursuant to Section 51111. (b) The board or council, on or before March 1, 1977, by resolution, shall adopt procedures for initiating, filing, and processing petitions for timberland production zoning and for rezoning. The rules shall be applied uniformly throughout the county or city. (c) On or before March 1, 1977, the board or council by ordinance shall adopt a list of criteria required to be met by parcels being considered for zoning as timberland production under this section. The criteria shall not impose any requirements in addition to those listed in this subdivision and in subdivision (d) . The following shall be included in the criteria: (1) A map shall be prepared showing the legal description or the assessor's parcel number of the property desired to be zoned. (2) A plan for forest management shall be prepared or approved as to content, for the property by a registered professional forester. The plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan. (3) (A) The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry and Fire Protection for the district in which the parcel is located, or the owner shall sign an agreement with the board or council to meet those stocking standards and forest practice rules by the fifth anniversary of the signing of the agreement. If the parcel is subsequently zoned as timberland production under subdivision (a) , failure to meet the stocking standards and forest practice rules within this time period provides the board or council with a ground for rezoning of the parcel pursuant to Section 51121. (B) Upon the fifth anniversary of the signing of an agreement, the board shall determine whether the parcel meets the timber stocking standards in effect on the date that the agreement was signed. Notwithstanding the provisions of Article 4 (commencing with Section 51130) , if the parcel fails to meet the timber stocking standards, the board or council shall immediately rezone the parcel and specify a new zone for the parcel, which is in conformance with the county general plan and whose primary use is other than timberland. (4) The parcel shall be timberland, as defined in subdivision (f) of Section 51104. (5) The parcel shall be in compliance with the compatible use ordinance adopted by the board or council pursuant to Section 51111. (d) The criteria required by subdivision (c) may also include any . or all of the following: (1) The land area concerned shall be in the ownership of one person, as defined in Section 38106 of the Revenue and Taxation Code, and shall be comprised of single or contiguous parcels of a certain number of acres, not to exceed 80 acres. (2) The land shall be a certain site quality class or higher under Section 434 of the Revenue and Taxation Code, except that the parcel shall not be required to be of the two highest site quality classes. 51113.5. (a) After March 1,1977, an owner with timberlands in a timberland production zone pursuant to Section 51112 or 51113 may petition the board or council to add to his or her timberland production lands that meet the criteria of subdivisions (f) and (g) of Section 51104 and that are contiguous to the timberland already zoned as timberland production. Section 51113 shall not apply to 5 of 7 116199 10:34 AM WAIS Document Retrieval http://www.legirdo.ca.gov/cgi-bin/waio.ocID=4748917158+0+0+0&WAISaction=retrieve these lands. (b) In the event of land exchanges with, or acquisitions from, a public agency in which the size of an owner's parcel or parcels zoned as timberland production pursuant to Section 51112 or 51113 is reduced, the timberland production shall not be removed from the parcel except pursuant to Section 51121 and except for a cause other than the smaller parcel size. 51114. Parcels zoned as timberland production shall be zoned as such for an initial term of 10 years. On the first and each subsequent anniversary date of the initial zoning, a year shall be added to the initial term of 10 years, unless a notice of rezoning is given as provided in Section 51120. 51115. Parcels zoned as timberland production shall be zoned so as to restrict their use to growing and harvesting timber and to compatible uses. The growing and harvesting of timber on 'those parcels shall be regulated solely pursuant to state statutes and regulations. 51115.1. (a) The zoning of a parcel pursuant to this chapter shall give rise to a presumption that timber operations, as defined in Section 4527 of the Public Resources Code, may reasonably be expected to and will occur on that parcel. (b) The Legislature hereby declares that the enactment of this section is intended to make clear that the zoning of a parcel pursuant to this chapter is an indication that timber operations are expected to occur on that parcel at a future date. The Legislature further declares that this section is not intended and shall not be construed as altering any substantive or procedural requirement of Chapter 8 (commencing with Section 4511) of Part 2 of Division 4 of the Public Resources Code_, or of any rule or regulation adopted pursuant thereto. 51115.2. (a) Changes or additions to any nonconforming use shall be limited to ordinary maintenance and repair, except that no change or addition which enlarges or tends to make more permanent any nonconforming use shall be permitted. (b) If any nonconforming use ceases for a period of one year or more, use subsequent to the cessation shall comply with this chapter. 51115.5. (a) Notwithstanding any other provision of law, timber operations conducted within a timber production zone pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Division 4 of the Public Resources Code) shall not constitute a nuisance, private or public. (b) This section is not applicable with respect to any timber operation which (1) endangers public health or public safety or (2) prohibits the free passage or use of any navigable lake, river, bay, stream, canal, or basin, or any public park, ' street, or highway. (c) For purposes of this section, the term "timber operation" means the cutting, removal, or both, of timber or other wood forest products, including Christmas trees, from timberlands for commercial purposes, together with all the work incidental thereto, including, 6 of 7 1/6/99 10:34 AM WAIS Document Retrieval http://www.leginfo.ca.gov/cgi-bin/waiocID=4748917158+0+0+0&WAISaction=retrieve but not: limited to, construction and maintenance of roads, fuel breaks, fire breaks, stream crossings, landings, skid trails, beds for falling trees, fire hazard abatement, and preparation, transportation, and delivery of timber and other wood products to market. 51116. The county or city may bring any action in court necessary to prohibit a use not permitted with respect to land zoned as timberland production, including, but not limited to, an action to enforce the zoning restrictions by specific performance or injunction. 51117. When land is zoned as timberland production or subsequently rezoned from a timberland "production zone and after exhaustion of appeals, a notice of timberland production zone status, together with a map and assessor's parcel numbers describing such land, shall be filed for record by the city or county in the recorder's office. The notice and map shall become a 'part of the official records of the county recorder upon its- acceptance by him for filing. The filing for record of a notice of timberland production, together with a map and assessor's parcel numbers describing the land, shall impart constructive notice thereof. 51118. Land zoned as timberland production under this chapter shall be enforceably restricted within the meaning of Section 3 (j) of Article XIII of the Constitution and the restriction shall be enforced and administered by the city or county in a manner to accomplish the purposes of that section and this chapter. 51119. Any action of-the board or council undertaken to zone a parcel as timberland production pursuant to Section 51112 or 51113 is exempt from the requirements of Section 21151 of the Public Resources Code. 51119.5. Parcels zoned as timberland production under this chapter may not be divided into parcels containing less than 160 acres unless the original owner prepares a joint timber management plan prepared or approved as to content by a registered professional forester for the parcels to be created. The joint timber management plan shall provide for the management and harvesting of timber by the original and any subsequent owners, and shall be recorded with the county recorder as a deed restriction on all newly created parcels. The deed restriction shall run with the land rather than with the owners, and shall remain in force for a period of not less than 10 years from the date division is approved by the board or council. The division shall be approved only by a four-fifths vote of the full board or council, and only after recording of the deed restriction. 7 of 7 1/6/99 10:34 AM vir0��enfa� ye BUTTE COUNTY %14# a�th DEPARTMENT OF DEVELOPMENT SERVICES ?'Co ' S 1999 PLANNING DIVISION et��� TO: Environmental Health FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Dreisbach Family Trust,REZ 99-02 DATE: January 5,1999 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want - incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed,please call 538-7601. Thank you in advance for your time and efforts. -- - ._......... — —.._.. This is an application for - - - Fln property zoned iT(ilnclassifiedlTocated southeast of the intersection of Binet Road and Mooreville Ri Roa ,north of Clinner Mills,identified as APN 073-210-006.•Supervisorial District No.1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON May 13, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 19,1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): wI , 0. lOh W Q. +J_'" 0 06n pcao< !a 0 oma,he 6L1Ftye_'i . UBy: Date: arm ng Division 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 �A A u 6 1999 OroviU0,California BUTTE COUNTY DEPARTMENT F DEVELOPMENT SERVICES PIa�Is1ngD• ', PLANNING DIVISION JA fib lV��f©� TO: Public Works FROM: Butte County Planning Division ®rovill®,c aliforn,o RE: Request for Comments on a Development Application:Dreisbach Family Trust,REZ 99-02 DATE: January 5,1999 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed,please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone from Unclassified to TPZ-160 for a 52-acre parcel that is contiguous to a TP 160 zone on property zonedi T(Unclassified)located southeast of the intersection of Binet Road and Mooreville Ridge Road,north of Clipper Mills,identified as APN 073-210-006..Supervisorial District No.I. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON May 13, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 19,1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): By: Date: 00 RECEIVED 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 JAN 0 5 1999 COUNTY OF BUTTE; LAND DEVELOPMENT DIV. • REZ 99-02 AP#073-210-006 Dreisbach F.T. j �c6���e R'd9e Project Location D1 T TPZ-160 TM TM-40 4 m � 0 TPZ-160 l U U Q L�0 Qo da � � O TP 160 a 1,' an Clipper U ROad TPZ-160 AR , . utte ount LAND OF NATURAL WEALTH AND BE.AUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 January 6, 1999 r. Mr. Rn Ronald Dreisbach P.O. Box 7509 Oakland, CA 94601 Re: Application for a Rezone to Timber Preserve Zone (TPZ) on APN 073-210-006, File#REZ 99-02 Dear Mr. Dreisbach: The Butte County Planning Division has received your petition to the Butte County Board of Supervisors to rezone the above referenced parcel from Unclassified to TPZ-160 (Timber Preserve Zone, 160-acre minimum parcel size). Upon completion of our review of this project, this rezone request will be set for a hearing before the Butte County Board of Supervisors. You will be notified of the date and time of that hearing. As I discussed last week with Mr. Al Pelton of your company, the County was not sure what the application fee would be for this project. Upon further review, it has been determined that your project will be processed by our staff on a"real time" billing basis, which is $59.00 per hour. The County will send you a bill after all work is completed on this project. Additionally, you will be responsible for payment of the fee for publication of the rezone ordinance, which is estimated to be $100.00. Should you have any further questions regarding these comments, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, in this office at the address or telephone number listed above. Sincerely, Stephen Betts Associate Planner Y ' LEAD IN SHEET - FILE NO: REZ 99-02 AP# 073-210-006 l APPLICANT: Dreisbach Family Trust, P.O. Box 7509 Oakland, CA 94601 OWNER: Same REPRESENTATIVE: REQUEST: Rezone from Unclassified to TPZ-160 for a 52-acre 12arc6l that is contiguous to a TPZ-160 zone SIZE: 52 acres LOCATION: southeast of the intersection of Binet Road and Mooreville Ridge Road, north of Clipper Mills SUPERVISORAL DISTRICT# EXISTING ZONING: tU ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: Timber Mountain APPLICABLE REGULATIONS: Rec'd 12-31-98 . i i COMMENT DISTRIBUTION LIST APPLICATION: Dreisbach Family Trust DATE: January 5, 1999 County Offices and Cities: Chief Administrative Officer _ _ Develop.Services Director t�X_ Public Works Director ✓_X_ Environmental Health _ _ Assessor _ Building Manager Sheriff _ BCAG _ ALUC ✓X_ LAFCo _ APCD _ Butte Co.Farm Bureau Biggs _ Gridley _ Chico _ Oroville Paradise Chico Airport Commission Animal Control Agricultural Commission Irrigation'District: Butte Water _ Biggs/W.Gridley Water _ Durham Irrigation OWID _ Paradise Irrigation _ Richvale Irrigation Table Mountain Irrigation _ Thermalito hrigation _ Other Domestic Water _ Butte Water District _ California Water Service Co. _ Del Oro Water Co. OWID _ Thermalito Irrigation District _ Other Sewer Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision(CSA 21) _ L.O.A.PUD Fire Protection /X_ California Department of Forestry EI Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation _ Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks Utilities _ PG&E North-Chico _ Chambers Cable TV _ Pacific Bell PG&E South-Oroville Viacom Cable TV State Agencies CalTrans (Traffic) _ Dept.of Water Resources Dept.of Fish and Game Forestry(Attn:Craig Carter) _ Dept of Parks and Rec. _ Highway Patrol Central Reg.Water Quality Cont. _ Caltrans,Aeronautics Program Department of Conservation _ Off.of Mining Reclamation _ Off.of Governmental&Env.Relations Dept.Social Services,Comm.Care Licensing Federal Agencies US Forest Service _ US Bureau of Land Management _ US Fish&Wildlife Service Army Corps of Engineers Other Districts,Agencies,Committees,etc. Lime Saddle Dist _ Community Association _ Mosq.Abatement.Oroville/Butte Co Drainage _ Butte Env.l Council _ Paradise Pines Com. Assoc. Reclamation _ Cal Native Plant Society _ Butte Co.Mining Committee _ Forest Ranch Community Assoc. Butte Ck.Watershed Conservancy_ School Districts BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Dreisbach Family Trust,REZ 99-02 DATE: January 6,1999 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed,please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone from Unclassified to TPZ-160 for a 52-acre parcel that is contiguous to a TPZ- 160 zone on property zoned U(Unclassified)located southeast of the intersection of Binet Road and Mooreville Ridge Road,north of Clipper Mills,identified as APN 073-210-606. Supervisorial District No.1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON May 13, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 21,1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): By: Date: 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 12/30/98 10:52 SOPER-WHEELER CO. 4 5105337468 NO.790 B01 ACRES = 51.00 1prl VOLOFE (F9?) DEFECT )1) NET NONBER OF TUB AVERAGE NONBER VOL/ACRE (8J.) VOL/TREE (B.F.) VOWLOG (B.F.) GROSS GROSS ---------------- VOLDYE --------__-- D.B.B OF 161 --------------- --------------- --------------- SPECIES TOTAL -VISIBLE VISIBLE HIDDEN (NRF) TOTAL ACRE (INCH) LOGS GROSS NET GROSS NET GROSS NET PP 422.0 418.1 0.7'1 0.000 418.7 1340 26 17.8 4456 6273.12 8209.42 315.0 312.6 94.7 94.0 SP 18.4 16.4 0.000 0.000 18.4 9 C 34.9 61 361,08 361.08 2105.7 2105.7 300.8 300.8 VF 115.6 115.6 0,000 0.000 115.6 284 6 18.4 1067 2266.96 2266.96 407.1 407.1 10E.4 108.4 DF 156.6 156.3 0.150 0.000 156.3 259 5 21.2 1109 3069.79 :3065.19 604.0 603.1 141.2 141.0 IC 70.6 70.6 0.191 0.000 70.6 525 10 16.4 1045 1367.55 1384.82 134.9 134.6 67.1 67.6 IOUL 1566.6 1559.1 0.197 0.000 70.6 4832 10 18.0 77338 1387,55 :1.384.82 134.9 134.6 67.7 67.6 TOTALS 783.3 779.7 7?9.7 2116 47 773? 15159.1 ;15281.5 AMAG3S 0.466 0.000 18.0 321.2 322.7 101.2 100,8 I Post-it,Fax Note 767+ Datel�3��p� Dg92s� TG 'faK (O From �o rt f 1 u , . CoJDapt. k d1�e-a b 4 Co. 3. Phone p Phone# Fax♦ j p_ 3%1-:4 / Fax# Planning Division DEC 3 11998 OroW19,Cal forma ! D R E l S B A C N EN T E R P R I S E S Dedicated to Excellence - December 30,1998 Board of Supervisors. 7 County Center Drive Oroville,CA. 95965 Regarding: Addition to TPZ Dear Supervisors: The Dreisbach Family Trust respectfully requests that APN Parcel# 73-210-06 consisting of 52 acres be added to the existing timber preserve zone. Included with this letter is our application,parcel map,legal description,and a copy of the timber cruise done by our forester Ron•Hague. Please contact Al-Pelton at my office should you need additional information. Thanks for your help in this process. Sincerely, Ronald T. Dreisbach Trustee cc: Al Pelton Doretta Carrion Planning DiVisi®n 2530 East Eleventh Street DEC 3 l 1998 P.O. Box 7509 • Oakland, CA 94601 Phone 510 533-6600 Fax 510 533-7468 ®rOAUe,California 3 ° ���YTr - • - - .. • - - - , >>?«<> s - - - - .; n _ ❑ ' CIS O 00 C .� O7 E ,B� 73 T. /9N. 1�. 7E B T. ON. R. 7E. M. D.B.8 M. �;F- `-/119 Ac OBOAC `J 120Ao 40AC •a ' s 4 O 40 Ac 201 .360 AC I1�ca' RS W, � 1 O PM 139-33 I QQ I I BOAC - REM. J % 34 i 62 PEM. 199.6ac I 115.20AC .3Ac.� © 97 6 Q l , Z�-�QAC �O r.2oNR. 40 AC.! ��' Z498.97 T19N. R.7E. 49 . 59 4oa - 41 a . O& a 2 �RS90-82 82.17AC WO �_.. r GR Lr \' 61 EJ1RY RS R7-60 Td.s/Ae± </NI71W 25'26 K rLLACE ® Ala 4 MERRY 3 281 23-24 2.65AC 6 280.30 Ac ®+�aab •e` „ MOUNTAIN I 39 zssAc PM p2-?9 27 VILLAGE 45 � � 38 • y '�� 15/.3388AC a 5 Aa t' T (20J9AC) V V � h Q i 7.s7Ac L q pO�E BurrE co. 1 6 4 srfPAeZj Q YUBA CO. ------ - ' 22 �Y or .y not W•survey the lend depleted r°on.You should n°t rely upon it forlenY purp°fe° 54 240 Aa hen orientation to the general localidn of the parcel or N01 r,Tia.Farerls are Ir assessrrant ourposea /3�40 Parcels depicted.Mid Valley Time amend Esuowd)d low«°darnape only and nW not constitute legal parcels, dlaelalrra any YabllnY . tJd�may reauR kom regenoa upon thb 24 Assessor s Map No. 73-21 r 33 'a 30 379eac I i County of Butte, Calif. e � 3 31 4.17ac I 'm m /LAM67.7 32 4.156Ac _ j REVISED:2-96 l ■ Chapter 24 of the Butte County Code ■ SECTION 24-195 TPZ-160(TIMBER PRESERVE ZONE) A. Uses permitted: 1. Compatible uses, which are any uses that do not significantly detract from the use of the property for,or inhibit,growing and harvesting timber,and shall include, but not be limited to,the following,unless in a specific instance such a use would be contrary to the preceding definition of compatible use: a. Housing units that would be compatible to timber uses.. b. Management for watershed. C. Management for fish and wildlife habitat or hunting and fishing. d. A use integrally related to the growing, harvesting and processing of forest products, including, but not limited to, roads, log landings and log storage areas. e. The erection, construction, alteration or maintenance of gas, electric, water or communication transmission facilities,small hydro generating projects of 5 megawatts or less, exploratory seismology testing. f. Grazing. g. Mining, or any use integrally related thereto. B. Lot area: The minimum lot area for inclusion in the Timber Preserve Zoning District shall not be less than one hundred surly(160) acres and must consist of contiguous parcels. Contiguous meaning two (2) or more parcels of land that are adjoining or neighboring or are sufficiently near to each other as determined by the Board of Supervisors that they are manageable as a single forest unit. Such parcels must be capable of growing an average annual volume of wood fiber as determined by the County Assessor at least fifteen (15) cubic feet per acre. C. Inclusion standards: The parcel or parcels to be included in the Timber Preserve Zoning District shall comply with the following criteria:' 1. A map shall be prepared, showing the legal description and assessor's parcel number of the property desired to be zoned. 2. A plan for forest management must be prepared or approved, as to content,for the property by a registered professional forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time,as determined by the preparer of the plan. 3. The parcel shall meet the timber stocking standards set forth in Section 4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner must sign an agreement with the Board of Supervisors to meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such agreement. Upon the fifth anniversary of the signing of such agreement, the Board of Supervisors shall determine whether the parcel meets the timber stocking standards in effect on the date the agreement was signed. If the parcel fails to meet the timber stocking standards,the Board of Supervisors shall immediately rezone the parcel and specify a new zone for such parcel which is in conformance with the County General Plan and whose primary use is other than timberland. ■ Comprehensive Zoning Ordinance ■ Revised by Ord.3176 111-40 ■ Chapter 24 of the Butte County Code ■ 4. The parcel shall be privately owned land, or land acquired for state forest purposes,which is devoted to and used for growing and harvesting timber,or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least fifteen (15) cubic feet per acre. 5. The parcels shall be in compliance with the compatible uses as set forth in Subsection A. of this Section. 6. The land shall be of site quality IV or better, as described in Section 434.5 of the Revenue and Taxation Code,for purposes of valuation. D. Addition: Notwithstanding Subsection B. of this Section, recently acquired land may be added to an existing Timber Preserve Zoning District regardless of the parcel size if the addition is under the same ownership and is capable of growing fifteen (15)cubic feet per acre of wood fiber. E. Size of parcels: Parcels zoned as "TPZ" Timber Preserve Zoning District may not be divided into parcels less than one hundred sixty(160)acres unless owners of resulting parcels submit a joint timber management plan prepared by or approved as to content by a registered professional forester, and such owners enter into a binding contract with the Board of Supervisors to manage and harvest timber on the timberland jointly,and are bound by the provisions of such management plan for a minimum of ten (10)years. F. Front yard required: Minimum required front building setback shall be not less than fifty(50)feet from the centerline of the road, except where the road is classified by the County as a Federal Aid Road, in which case the minimum required front building setback shall not be less than fifty-five (55)feet from the centerline of the road. G. Side yard required: Minimum required side building setback shall be not less than twenty-five(25)feet. H. Rear yard required: Minimum required rear building setback shall be not less than fifty(50)feet. ■ Comprehensive Zoning Ordinance ■ III-41 Revised by Ord.3176 DATE RECEIPT TOTAL PUBLIC LAFCO U5E ypRIANC ES PUBLIC ZONING ENy OTKER VV." APPLICANT RECEIVED FROM NO. RECEIVED WORKS PERMITS DOCUMENTS MEALTN RECEIPT 17110 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUEDL. S