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HomeMy WebLinkAboutREZ 99-04_PLANNING z R��VIR �IiIIN ��I��II �IIV���iIINP�VI SEPARATOR .SHEET a,„ O 'i7 � Z80 — O(ay oaoJERNUMaEA Rez 99-0� PROJECT SUMMARY SHEET FILE /: .�Z 99-04 PROJECT TYPE: Rezone APPLICANT: Gerald Ernst ADDRESS: 14472 Richardson Springs Rd:,Chico,CA 95973 OWNER: Same ADDRESS: ) / ,�}� REPRESENTATIVE: Northstar Engineering 0 f Vy ADDRESS: 20 Declaration Dr.,Chico,CA 95973 PROJECT DESCRIPTION: Rezone 178+acres consisting of three parcels from FR-40(Foothill Recreational-40 acres) to FR-20 (Foothill Recreational-20 acres) PROPERTY ZONED: FR-40 LOCATED: along Richardson Springs Road,V,.mile northeast of Indian Cliffs Drive AP#: 047-280-064,065and 047-230-042 TOWN/AREA: Chico GENERAL PLAN DESIGNATION: Agricultural Residential 1. Application complete: February 3, 1999 Amounts$2429.00 Receipt#: 16962& 16961 2. Comments sent to: EH,LAF .O,DEV SERV.,ASS,AIR QUAi.ITY,PW,CHICO,AG.COMM„CDF,FISH&GAME 3. Comments received from: rs 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To:Daniel Breedon 7. Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# egative Declaration Mitigation Negative Declaration Subject to Fish&Game: Environmental Impact Report Gen.Rule Ex.-CEQA#15061.(bx3) Other 8. Staff Report: Project Video: 9. Clearinghouse circulation required: `Yes No Date Sent to SCH: f 10. Publication Notice Written: Ao?=a�0—!r Display Ad Prepared: 11. Notices Mailed: /02-d'O- y y Number of Notices: a3- y S 12. Newspaper Publication Date: ��' O ( C '1 P G B 13. Planning Commission Hearing(s): Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors'Hearing(s): Action taken: Board Resolution No.: Ordinance No: S!q 3 Adopted: 15. Type Use Permit/Send for signature: i 16. N.O.E./N.O.D./APPENDIX G: Fish&Game Fees Paid: Yes No I 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use Permit/Variance to Planning Technician: !'l 19,64 00-83 Public Hearing - Gerald Ernst/Dale W. Ritter- consideration of a rezone (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) involving two parcels of 40 acres each, one parcel of 46.18 acres, and one parcel of 51.55 acres (a total of 177.73 acres) from FR-40 (Foothill Recreational - 40 acre parcels) to FR-20 (Foothill Recreational - 20 acre parcels). The subject property is located adjacent to Richardson Springs Road, approximately 3/4 of a mile northeast of Cohasset Road, northeast of Chico and identified as APN 047-280-064, 047-280-065, and 047-230-042 (DB [REZ 99-04]) - action requested: 1. SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF REPORT DATED MARCH 14, 2000, ADOPT A MITIGATED NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; 2. FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEES; AND 3. SUBJECT TO FINDINGS III (1 a-d) AS DETAILED IN THE STAFF REPORT DATED MARCH 14,2000, ADOPT AN ORDINANCE APPROVING THE REZONE SUBJECT TO THE CONDITIONAL ZONING AGREEMENT AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MARCH 14, 2000, AND AUTHORIZE THE CHAIR TO SIGN ORDINANCE AND CONDITIONAL ZONING AGREEMENT. (**1250) PUBLIC HEARING OPENED: 11:55 A.M. PUBLIC HEARING CLOSED: 11:56 A.M. MOTION: SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF REPORT DATED MARCH 14, 2000, I MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS"EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEES; AND SUBJECT TO FINDINGS III (1 a-d) AS DETAILED IN THE STAFF REPORT DATED MARCH 14, 2000, FURTHER MOVE'TO ADOPT ORDINANCE 3593 APPROVING THE REZONE SUBJECT TO THE CONDITIONAL ZONING AGREEMENT AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MARCH 14, 2000, AND AUTHORIZE THE CHAIR TO SIGN ORDINANCE AND CONDITIONAL ZONING AGREEMENT. M S. VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 14, 2000 9. Gerald Ernst and Dale W. Ritter- Rezone - Report to the Board - the Planning Commission has held a hearing on the proposed rezone of 178+ acres (consisting of four parcels) from FR-40 (Foothill Recreational-40 acres) to FR-20 (Foothill Recreational-20 acres) and submits a report to the Board - action requested - ACCEPT FOR INFORMATION. �Pae31 Febr'uary 8, 2000 r 'r Gerald Ernst/Dale W. Ritter,proposed Negative Declaration with mitigation measures regarding environmental impacts and Rezone involving two parcels of 40 acres each,one parcel of 46.18 acres and one parcel of 51.55 acres, for a total of 177.73 acres, from a FR- 40 (Foothill Recreational - 40 acre parcels) zone to a FR-20 (Foothill Recreational - 20 acre parcels) zone. The parcel is located adjacent to Richardson Springs Road, approximately three-quarters of a mile northeast of Cohasset Road,north east of the City of Chico. APN 047-2380-064, 047-280-065, 047-230-042. (DB) (REZ 99-04) Mr. Breedon gave a brief summary of the project. He said approval will require a Conditional Zoning Agreement for a sewage disposal system. Commissioner Mooney asked if this would eventually be a parcel split or a subdivision map? Mr. Breedon said the applicant did not split the property originally and could split this into four parcels if the rezone is approved. Commissioner Cage said that Richardson Springs Road is a private road. Mr. Breedon said the County road atlas shows,Richardson Springs Road as a County road. I =_ Commissioner Cage asked about the proximity.of the Airport on Cohasset Road to this project. Mr. Breedon said this project is not within the jurisdiction of.the Airport Land Use Commission (ALUC). He said that ALUC staff had no comments. Chairman Leland said it is a question of whether or not they want to allow 20 acre parcels at this location. He said the land around this is 40 acres, with some FR-20 nearby. Commissioner Nelson said they will need to look at the impacts to Richardson Springs Road. Chairman Leland commented that the area seems to be slated for future growth. Mr. Wilson noted that the three parcels south of Richardson Springs Road could come in for a rezone to 20 acres and then be able to split their property. The hearing was opened to the public. Rick Rodriguez,NorthStar Engineering, asked when the Conditional Zoning Agreement would be in effect? Mr. Breedon said after approval by the Board of Supervisors. He said if this is approved the Agreement will be recorded and come into effect with proposed development. Mr. Erickson said the Environmental Health Division agrees with staff's recommendations. Commissioner Lambert asked if the applicant can not meet the requirements of the Zoning Agreement, does the zoning still change? Mr. Breedon said the zoning would be changed, but the division of the property would not occur without meeting this condition. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JANUARY 13,2000 ■ Chairman Leland asked if this restriction would occur without the Agreement anyway. He said in order to divide the property, the applicant would need to prove disposal area at that time. Mr. Breedon said the findings for approval could not be made without this condition. Commissioner Lambert said without having a satisfactory recommendation from the Environmental Health Department, when considering a-rezone, her vote would be no. She said, that with the Conditional Agreement she may vote for it. There was a brief discussion on whether a second dwelling would be allowed if the;'zoning was approved. The hearing was closed., It was moved by Commissioner Mooney, seconded by Commissioner Cage, and carried to recommend approval of the rezone for Gerald Ernst/Dale W. Ritter, REZ 99-04, subject to the findings and the Conditional Zoning Agreement conditions listed below: I.' Recommend the Board of Supervisors adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. The design of the project and mitigations added to the project as shown in Exhibit"A"Condition #1, will mitigate such effects to a level of insignificance. B. The Board of Supervisors independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that a Negative Declaration, with mitigation measures, adequately represents impacts associated with this project and reflects the independent judgement of Butte County. II. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a"de minimus"exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not recommended. III. Recommend the Board of Supervisors adopt an Ordinance approving Rezone 99-04 and adopt a Resolution approving a Condition Zoning Agreement subject to Condition#1 listed in Exhibit"A" with the following findings: 1. The project is consistent with the Agricultural Residential General Plan designation as supported by the following: a. Condition#1 requires that a Conditional Zoning Agreement be recorded specifying that on-site sewage disposal information be provided to the satisfaction of the Environmental Health Department,prior to any land division or development of the property. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JANUARY 13,2000 ■ b. The property.is served with access by Richardson Springs Road, a minor county road. Richardson Springs Road intersects Cohasset Road, a County arterial road approximately three-quarters of a mile to the southwest. These roads provide a level of service which allow for unrestricted traffic flow. C. Future development shall be required to comply with Public Resources Code 4290 regarding the provision of water availability in amounts adequate for fire protection, internal sprinklers for the protection of structures and other fire safety standards. d. The proposed 20-acre parcel size is indicated as being consistent with the Agricultural Residential General Plan Designation. A Conditional Zoning Agreement shall be executed and recorded with the Butte County Recorder between the property owner and County of Butte indicating the following condition: A. Any project proposing to subdivide or develop the property subject to this rezone shall demonstrate one of the following requirements to the Butte County Environmental Health Department in order to demonstrate on-site sewage capability as part of the application for a tentative parcel map or tentative subdivision map: 1. Meet usable area requirements for on-site sewage disposal systems promulgated in the County Subdivision Improvement Standards, Appendix VII. 2. Any proposal for an alternative sewage disposal system due to the lack of usable area for conventional on-site sewage disposal shall require a maintenance and oversight entity with approval and permit issuance by thee Regional Water Quality Control Board. Each proposal will be evaluated by the Butte County Environmental Health Department on a case by case basis. . AYES: Commissioners Cage,Mooney, and Chairman Leland NOES: Commissioners Lambert and Nelson ABSENT: No one ABSTAINED: No one ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JANUARY 13,2000 ■ DEPARTNIEN-IR)F DEI ELOPtiIE-NOSER`-ICES BUTTE COUNTY UNIFORM APPLICATION .went iniurmaciaa co he orUvIdet1 is oa Ocher side: CIUCA,Y'T•S .4A.ME,c If apps=nt is drtferenc;rccn uwner an atadavic is mquurt! ► .-\SSE3S()R•S PARCEL NUMBER: :ORPSS: CITY STATE ZIP CODFILE VUivIBETi (FOR OFFf tJSE? l�{97Z ,2/C,5�9,e��011' J�°�P 4r5& ,ems Cti��o,9f973 Z., -p ME OF PROPOSED PROJECT(If any TELEPHONE CATION OF PROJECT(Major gloss su ea and Addrem if any) RlCll�9,ep,w lw ,rmw9 T Of ll��/r9lr Cl1FF,5 .�.elU� GENERAL NFOtLtiL�►TION REQUIRED ,- .. . . OWNER'S NAME TEL—=NONE ! ADDRESS: CITY.STATE 3t ZIP CODE 1`1972 ,2/C/��9e/� ��,2llrG5 ,PL�J aclleD, (9• t9f�T.3 ZONE GENERAL PLAN EXISTING LAND USE SiIE SIZE(ar Square Fea oe Acres) �,e'-q0 A;2.. . ��C91�'r ieES�,�EIIT/r9�. /78 �9c•�` I EXISTING STRUCIURFE(in Square Fea) PROPOSED STRUCIURFS(in Square Feet) 1YI� , (Check One) (Check One) > 3 PROPERTY IS OR PROPOSED TO BE SEVVERED p PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC REQUESTED IS OR PROPOSED TO BE ON WELL WATER ara rig:••. ,y !•...;.� n.:: .,M1 .•JY�:s:.i C+4 APPLICATION REQVES ED •�ti: .�r;i r�::� �>a,l�, .4`.'.��::."a�?!:'y;.v:s _ej�rta.i; .. •.a• r3 GENERAL PLAN A,tiLENDMEN I' p TEVTATIV-E SUBDMSION htAP REZONE C3 TE'NTATIV'E PARCELMAP p USE PERMIT ❑ WAIVER OF PARCEL MAP p MINOR USE PERIN12T p BOUNDARY LINEMODIFICATION r VARIANCE Q LEGAL LOT DEIER,'vUNATION ❑ MINOR VARIANCE ❑ CERTIFICATE OF'MERGER J ❑ ADMINISTRATIVE PSR.VSII' p MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGRIDEMENT p OTHER - :;::::• ;�;::: s, -.ti PROJECT DESCRIPTION ... FULL DESCRIPTION OF PROPOSED PROJECT(Atxach eecessary sbeeu. If this application is for a land division.de=be the number and size of parcels.) �4 ,eEZGYl.� OF /78 eY( ,25�` �W4 f.2- TD fie -ZO ftb 0 3 . OWNER CERTIFICATION . I CERT1F y THAT l A.M PRF errLY THE LEGAL OWNER OR THE AUTHORM D ACL-14T OF THE Ow`ER OFT(SE ABOVE DESCRIBED PROPERTY ETHER.I ACY-NowtMCE THE FLD G OF THIS APPUCATION A.`tD CERTfFYTILNT ALL OFTHE ABOVE I`FORMATION LS TRUE A.W ACCM*%TE W>n cnt u a be suUux zsd,ua�-ute an uMdavit u(suchcriatian and inctuJe Yidavic V• sppli DATE l SIGNATURE: y lir• w* J..r ' I . 0 ' -� O -. r 7 a tV ' •� 0• Q .U O , v a .O ° o ry ,/M1 u u w ,J.. ku qn cil t7 �' or �► h� :r cti p• O O p 0 .. q '9 v .'ori. b H ° •G 0. E o U. 1.0 in Gr �'+ r i r ,per O• , �� N u Q y O RI •0. V . "�. v ' rrt pq Mr P4 0 0 v ° u � •• c� .• ,� O au cv exd cd v O H H o b' .c •°o O X h X W ;> A H 04 V COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) ; Date Filed General Information: 1. Name and address of owner,and/or developer,and/or project sponsor: 2. Address of projectRJCf�hn� ! �/��/�"�iS ,P�. �z l'�/- �E T��/f,�f'CLIFFS 23C Assessor's Parcel Number: f7-2-10 -Dd9, D6.3_ qr'' 77-'e3 4 9Z 3. Name,address,and telephone number of person to be contacted concerning this project: ZO 6c1l4d �9-JI-3 C-E•P�L� f Pl7ST 11W72- 4.. 1W7L4.. List and describe any other related permits and other public approvals required for this project,including those required by city, regional,state and federal agencies: n'lA 5. E)dsting general plan designation: 14 6. E)dsting zoning district: 7. How is land currently used? 8. Proposed use of site(Project for which this form is filed): Project Description: 9. Site size: 17f tIC (Acres/Sq. Feet) 10. Off-street parking spaces:Full size: 4 11t I Compact Total: 11. . Plans attached Yes No 12. Proposed development schedule 13. Associated projects t70e2 14. Anticipated incremental or phased development e-1114 Planning ulvision F E B Q 3 1999 Oroville,California 0 Butte County Department of Development Services 0 Planning Division 0 1 \�,\� � r �`'��•.. ��`y1``t z '. �, , t.�, .,... .,�. . • � .:- _�, ._ .�.TC,, _ ... � � . �, �`�•��:��..ya^':'�\�,:�r- � `:�\`�`�t. •� '•� �<�.. .,'. �� .\' .,_ �.. \.�.�:�`.�'. 'tit � \y� -� �� 1�� i��` � � � ♦. 1 �.�..' ..r`� r Attach description of project containing the following information: 15. If residential,include the number of units,schedule of unit sizes,range of sale prices or rents,and type of- household size expected. DoT -,4- T TJY/,) J/ 16. If commercial,indicate the type,whether neighborhood,city or regionally oriented,square footage of sales area and lottding facilities. II 17. If industrial,indicate type,estimated employment per shift,and loading facilities. 18. If institutional,indicate the major function,estimated employment per shift,estimated occupancy,loading facilities, and community benefits to be derived from the project. �� 19. If the project involves a variance,conditional use,rezoning application,or any development permits,state. - this and indicate clearly why the application is required. If permits have already been issued,please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checked yes(attach additional sheets as necessary). YES NO 20. Change in existing features of any hills,buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. _ 22. Change in pattern or character of general area of project. — r 23. Significant amounts of solid waste or litter. _ ✓ 24. Change in dust, ash,smoke,fumes or odors in vicinity. _ 25. Change in bay, lake, river,stream or ground water quality or quantity,or alteration of existing drainage patterns. _ ✓ 26. Substantial change in existing noise or vibration levels in the vicinity. — ✓ 27. Site on filled land or on slopes of 10 percent or more. _ 28. Use of,or disposal of potentially hazardous materials, such as toxic substances,flammable or explosives. _ .29. Substantial change in demand for municipal services (police,fire,water,sewage, etc.including special districts). _ 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. _ a, O Butte County Department of Development Services 0 Planning Division 0 2 Environmental Setting: (Attach brief description) 32. Describe the.project site as it e&ts before the project,including information on topography,soil stability, - plants and animals,and any cultural,historical,or scenic aspects. Describe any existing structures on the site and the.use of the structures. Attach photographs of the site. Snapshots,or Polaroid photos will be accepted. 40,Ar421 UV-*7"lowl-1/LG n � aw;c. r.A55r3'. 1 All ��L 33. Describe the surrounding properties,including information n on plants and animals an any cultural, historical,or scenic aspects. Indicate the type of land use(residential, commercial,etc.),intensity of land use (one-family,apartment houses,shops,department stores,etc.),and scale of development(height, frontage,set-back,rear yard,etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. AeGw 115/r1GGC Certificationv.5E3- I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability,and that the facts,statements,and information presented are true and correct to the best of my knowledge and belief. Date Signature for K:IFORMS\EW-INFO 0 Butte County Department of Development Services 0 Planning Division 0 3 :`zs �* l Order No. Ewrow No. ik Loan No. ATTORMT. WHEN RECORDED MAIL TO: PETERS, FULLER, RUSH, ;_-.Ujjj.1 1.RL% SCHOOLING & LUVAAS P O. BOX 3509 �E iii C�ICO, CA. 95927 14000 !.I'ALI AHOVt 1­S 1'Ni fUN Ltt "41tyfft<C_ MAIL TAX STATEMENTS TO DOCUNIENTAR�TRANSFER TAX Dale W. Ritter 572 Rio Lindo Road Conpuoo be Chico, Ca. 95926 GRANT DEED FOR A VALUABLE CONSIDERATION. Pectipt of which is hereby acitrawledged. DALE W. RITTER and STELLA E. RITTER, husband and wife., - hereby GRANT(S) to DALE W. RITTER as his sole and separate property the real property in tho.City of County of Butte State of Califorr", described as PARCEL I 'The Southeast quarter of the Southeast quarter of Section 23, Township 23 North, Range 1 East, M.D.B. & M. EXCEPTING THEREFROM an undivided 1/2 interest in all minerals, oils, gas and other hydrocarbons as reserved in the Deed from Richardson Mineral Springs, a corporation, to Bon-View Investment Co., Inc., a corporation, dated July 30, 1969, and recorded July 31, 1969,. in Book 1576, of Official Records, at Page 527. Y-7 -PARCEL 2 The Southwest quarter of the Southeast quarter of Section 23, Township 23, North, Range 1 East, M.D.B. & M. EXCEPTING THEREFROM an undivided 1/2 interest in all minerals, oils, gas and other hydrocarbons as reserved in the Deed from Richardson Mineral Springs, a corporation, to Bon-View Investment Co., Inc., a corporation, dated July 30, 1969, and recorded July 31, 1969,l` in Book 1576, of official Records, at Page 527. (q-)—;)-25 (SEE ATTACHED SHEET FOR ADDITIONAL PARCELS) Dated---.. L e�' Zj, DALE W. RITTER. STATE OF CALIFORNIA ....... COUNTY OF BUTTE LLA E. RITTER* October, 1976 beton wo. the'undersigned, a Notary pumit in and for said DALE W. RITTER P11 10' rTEMh_r.*dRfttkjf OFFICIAL SEA ainvDiwao �i 7" 1 Ion RUSH DAVID H. known to-a to be the Lenon h*W Aetna NCTARY 9-1:n:.C-rAh! A MAR ttIbe"Ilmd to the2:5-1999, vA In.inatmment and kno�� tha, OUITF COUNTY they. .—.A The arm WITNESSmy hand endendofficto sal. 414 S.IcK'P.0.Co.350.C!,..a.CA S;t;;6 ITh4 ame, 1w ottkist notwigo wol MAIL T X STATEMENTS'AS'OIRECTED ABOVE-. PARCEL 3 ' A portion of Section 24, Township. 23 North, Range 1 East, M.D.B. 4 M., more particularly described as follows: ' All that portion of the Southwest quarter of said Section 24, lying Northerly of the. centerline of Richardson Springs Road as said road existed in July, 1973. EXCEPTING THEREFROM an undivided one half interest in all minerals. oils. gas and other hydrocarbons, as reserved in Deed. from Richardson Mineral Springs, a corporation, to Eton-View Investment.Co., Inc.,..a corporation, recorded July 31, 1969, in Book 1576, of Official Records, at Pager 527. PARCEL 4 A portion of Section 24, Township 23 North, Range 1 Fast. `!.D.B. & M., more particularly described as follows: BEGINNING at the intersection of the North-South centerline of said Section 24 with the centerline of Richardson Springs Road, said point being North 01° 54' 58" West 1007.34 feet from the South quarter corner of said Section 24; thence from said point of beginning and running along said North-South centerline of Section 24, North 01° 54' 58" West 1812.63 feet to the center quarter corner of said Section 24; thence along the. East-West centerline of said Section 24, North 87" 33' 35" East 1087.81 feet; thence South 01° 54' 58" East 1470.24 feet to a point on the centerline of said Richardson Springs Road; thence along said road centerline South 79° 40' 03' West 318.25 feet to the beginning of a 600 foot radius curve to the left; thence along the arc of said curve through a central angle of 12' 08' 12" an arc length of 127.I0 feet; thence South 67° 31' 51" West 233.71 feet to the beginning of an 800 foot radius curve to the left; thence alone[ the arc of said curve through a central angle of 03° 38' 18" an arc length of 50.80 feet; thence South 630 53' 3.3" Wcst 421.32 feet to the place of beginnin(j.J{Containing 40.06 acres more or less. EXCEPTING THEREFROM an undivided one half interest in all minerals, oil, gas. and other hydrocarbons as reserved in Deed from Richardson Mineral Springs, a corporation, to [son-View Investment Co., Inc., a corporation, recorded July 31, 1969, in Book 1576, of Official Records, at Page 527, PARCEL' S A non-exclusive casement for road purposes 60 feet in width lyinq 30 feet on each side of the following described line: ('•' Beginning at the intersection of the West line of Section 26, Township 23 North,. Range 1 East,, M.D.B: b M.; with the centerline of Richardson I•. Springs Road; thence Northeasterly along the centerline of said Richardson Springs Road as .it existed in July, 1973, to a point in the Northerly line of said Section 26, and the end of said litre. 9N. EW of DocUM!++r wr+tN RECONOED WAIL ip t f r , •4 Pf:TFRS, F•'IL.i.CR, RUSH, fit,• Sc'HOOLING l LV'%FAA, t'.ur{lt R►:: Z i� r. 0. twx 1509 C111C0. CA. 95927 14000 M.0 •raper 1..116 Liftl TOA NCow ",I .Ml Tann twlt STATEMENTS f1<kRio *1 TARDale W. Ritter . wr,trw at mwn TI caaaa rm on 572 Rio Linda Roan wsaw"MWw'WA 1WRw.i rmftn Ti Chicct, Ca. 95926 up 14 S�'1..wrT w - iw MMwi- GRANT DEED FOR A VALVABLE CONSIDEPtATION• rwAmpt of we,Kn w hwdpr pdnpwhdpd, DALE W. RITTER and STELLA E. RITTER, husband and wife, hwTbT GRANTIS) To DALE W. RITCF,R as his sole and separate proparty try nuw provedtT M ftr Crty at county of Butte SYTf of CW6forrua, docrdwd Tf/ PARCEL 1 The Southeast quarter of the Southeast quarter of Section 23, Township 23 North, Range 1 East, M.D.B. i K. EXCE"ING THEREFROM an undivided 1/2 interest in all tainerale. Dile, qeo and other hv'drotarbons as reserved in the Deer: from Richardson Mineral Springs, a Corps%ation, to Bon-View Investment Co. , Inc. , a corporation, dated July 30, 1969, and recorded July 31. 1969, in Book 1576, of Official Records, at Page 577. (PARCEL 2 The southwest quarter of the Southeast quarter of Section 23, Township 23, North, Range 1 East, R.D.S. i K. EXCEPTING THEREFROM an undivided 1/2 interest in all minerals. oils, gas and other hydrr•,i:arbons as rescrved in the Decd from Richardson Mineral sprin.ls, a corrpftation, to got%-View Investment Co. , Inc. , a eorporation, dated .Iu1y 30, 1969, and recorded July 31, 1969, in Book 1576, of official Records, at Pagt 527. (SEE ATTACHED SHEET FOR ADDITIOWAL PARCELS] r Wl.a CC !C�[!.. 't , /F fir' 4 �• �' zz DALE RI,TSR STA/f 00 CAL00"IA 7 – --... ._,_ .- —•---•.. tOuarV 00 1 BUTTE { LLA E. RITTER - a,• Octobers . 1976 y,pr. ..., rM ..•..,I..�n�T. a 4o." *'Z r TM aa, AI Si DAU' W. RITTER .+ an� �7cLLJ1 t RI'I'7Eit 1 CAVID 11. Wri)I .....•a..l t. w.. ....n....w a-.0 A" VW YW t Elul:1 u~'' _••Vl r• TNT TD � ►.+� ae �t� .yi / JlJ �{T�++�T-0 l.r 1SuJ-C•.{R La 1.,.r iy.Mr„ �ti/ • 1•,� Ir` /Sr\.r /TAa rw ft► MTlad Vater/ M.M1 Td07 f TB,yf U/U1 rim SUTEWENTS AS DIRECTED AsOvE 200 'd 0[66 £6£ 916:931 a'],11,L '`I,LN A1I130[J P111 �RH�1186 ,I£- GHQ • ,.. .:1r'...r.1. •.;5..,:'":..,Sg1:f; :" �•rf' .. Ir•r •, , ...' � •'. '%I'•ll S'Pe'i11%.f': i-I-• t` i:d.• : '��w.r ' `i h- I �. ( '•i5. 'I•' I�eZ ex / S'•�l,A. 'i''�',•1:. _„I'� ti�`�r'+Citi fT~A��� .Jli, Lp` r •,Ir',�_ '' �' PARCEL 3 A portion of Section 24, Township 23 North- iWngs 3 Cast. M.D.H. i M.• most particularly a,:,scribcd as follOwsf All that portion or the Southwest quarter of said section 24, lying Northerly of the centerlino of Richardson Springs Road as 0014 road exim"d in July. 1973. EXCEPTtyG THEREFROM an undivided one half interost in ill Minerals, oils, gas and other hydrocarbons, as reserved in Deed from Richardson Mineral Springs, a Corporation, to tion-View Investment Co., Inc.. a corporation, recorded July 31 , 1969; in Book 1576, of offielal Records, it psgo S27. PARCEL 4 ti A portion of Section 24. Township 23 North, Rangel E65It, M.D.s. 6 P • more particularly described as followst pFGtNNING at the intersection of the Barth-South centerline of said Section 24 with the centerline of Richardson springs flood, said point beinq !forth corner Of 01. 54' S8” west 1007.34 feet from the 5oinningaandrrunning alongisaid section 24- thence from Said point of beg North-South centerline of Section 24g North 01. 54' S9' west 1812.63 feet Co the tenter quarter corner of amid Section 241' thence along the East-West cent-rline or said Section 24. North 87' 3a,ppS" Eastthef7 Bl feet; thence south 01' 54' Soo Cast 1470• 24 fmt to centerline of said Richardson Springs',;Road: thence along said road centerline South 79. 40' 03' Neat 318;2S,;,feet'to the beginning of bon foot radius curve to the 1cft; Thence"long the are of said curve through a central angle of 12. 08. 12' an' arc length of 117.10 Teets thence South 67. 31' 51, gest 233.71 feet to the beginng f i� 800 ino foot radius curve to the left: thence along the arc of said curve through a central angle of 03' 3S' 18' an arc length of 50.90 feet: thence South 61. 51, 33, west 421.32 feet to the place of beginning. Cont4iniPg 40.06 ecres pare or less. EXCEPTING TjjEnErROH an undivided one half interest in all winerols, oil, gas, and other hydrocarbons as reserved in deed from Richardson Mineral Springs, a corporation, to hon-View InvcBtment Co.• In6.• i corporation, 1576 of Of f iCial,Records, at Page 527. recorded July 31, 1969, in seek .' rr I `I•, i, .. {t•r;;;,�;• PARCEL 5 r��,.t��i::.�; .S' � fi:�l C�'%N •..i•! t'6�_C�:•, ���• � xclu :t'. for !roadQurposes;I,bO:!fcet-'in'xidtl:•;lyin )0, feet 1 �' r r A non-eive.4i men r ,, an eacl.i side of'the Eo ing,deacribei'line�e f the intersection of the hest lino of Sa ti ori'26�'ToMt►sl+iP.::i°'�;X Beginning At 2} :700th.• Range 1 East, M.D.D. i M.s with the centerline of Aicha�rdson 1; along the cent sprint;s Road: thence Northeasterly intiin the sNortheraid lyrdson r ' Spriniis Road as it existed in July, 1A73, to a point line of said Suction 261 and tho end of said line• r 60 OF DOCLMW - £00 'd 0166 M 916:131 d'],Ll,l ''1,1N A1113GId 6I 6I (M) r1£- '03a 6661 E a Pa A � 1A 'et'ADN'd„ a� = �.a.�rpew pu. +ud sS�tldurr Vaun►iaoN vw p '"M (elm"IR4%in Now W* " 1191ttttr•wU Atlripp t Aaiun an jo(Ommd&APbna9�N eop 110 Ie)IMMIUR a JIKNMWW p Y <>.' rW ia41 pug 1044virdw P94MMO JP 4PRM 14 "M of prlMafXa�l:yaula��p�luel{/I��Yr► ayl of pMI 41 lekm.0 am* ww a�M1owe{Nierwe o ANWIP IN 0�04 polio"Wp�►a O 'aw uoleq est ti a�nr do ALNnoo a( YWyp�1'11"J d0 31Y16 Noadwasan vw;n d34gV11V 33S �pastl,�Qop owe ID 14UMD sws poojodaoaUlun w Alga aur ui Aved e)d POJ 441 ib88�'9 AgCM PNQP WU.L 111111,11113 't p1VA0 01010 MW14'WW3 1 PPUDS W(S)IWMD AgLUwt UVW polAW.Udh UN 'AGINIO insd VoW3 `WpQMUX0W 14M4 a Ip 440(dMIU-N 7LLMWal9NW MWn WA Y 1W 19?-OYZ-l�r sum ufiw-xw 814W PMW a fw"M w amue R-in au#0 SWUM Ismax uro o as on nal arw.v wMasopp""go w wndubo 3A0W Sv 3WYS by 7pYW+u1m 4NOW Jo 0I so ow"MUM as Ua•powwoo 7 M XVI 83AM4LL AHVJN3W11'3o0 Ql 81N3W31dIS XV11NW am amam om doa arms ow a,vao 010% 'Qp •eloYi90 =S Lel J"ff 'O'd a /o t ON I MT-Inr-L? FMS91 �d08Rq '�8tl1� "1 AI��J Aputa I JaPJO]1d �CLL'tlM 09GUOMd N3WM 1 8Si11iB8 'r a�llala l ON Usal �p6 uia� 916Gb1Bt ON MWX3 @@loth xff 1 511149448 trPWG 'ON JeWO 88'8t MA 33H 1 pepaa�eg �"Am!M!1 A/lefll PiN P lanbeb etp to plvoed L T L T IIIl11111hllllllllllilll�1111111 4„ L00 'd. £981 £68 0£9:911 MAUS SWIM ££:80 OIL)86 ,l£- Ma •DEG. -31- 98(THU) 08:34 CUSTOMER SERVICE TEL:530 893 1853 P. 008 w J ' DE&cRxNdTI0�1 . THE LAND REFERUD TO IN THIS REPORT IS 817UATED IN THE STATE OF CALIFORNIA, COUNTY DF BUTTE, AND IS. DBBCRIBID AS FOLY+OWS: PARC L 16, AS SHM ON THAT CERTAIN ,PARCEL WAP, RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORMA, oN JANUARY 16, 1976, IN BOOK 63 OF DAPS, AT PAGE(S) 83. E=RNOTING THER$F$L0H AN UNDIVIDED ONE—HALF INTEREST IN ALL MINERALS, OIL, GAS AND OTHER HYDROCARBONS AS RESERVED IN THE DEED FAO" RICHARDSON HINW-4Z SPRINGS, A CORPORATION, TO BON VIM IMS"ONT CO. , INC., A COYtPORATION, DATED JULY 30, 1969, AND RECORP1aD JULY 31, 1969, IN HOOK 1575, PAGE 5271 OFFICIAL RECORDS. ALL OIL, GAS AND OTHER HYDROCARBONS WERE QUITCLADOD FOR A DEPTH OF 100 FRET, BY QUITCLAIM DIED RECORDED MAY 16, 1978, IN BOOK 3284, PAGE 406, .OFFICIAL RECORDS.- } I w Ilnki EMM xeoar sr axes 101 a1N0ML911/1 a XVI VM I.w.a.a�sare�r...Nu lld'lavi I x OffiPPLIft mist, NM IR71p Au Se�J1LLIAl1 OOAAM vgFjmdm.�w"m 'ad id 1 MI 1dKw INua� q MOIL IW1t1• wwPaew�1vim+ meO +ogl�sBROMlIV �inw •.vep�.w�u a,.a pw�WU4W�on+a.�1I+W�1 OR 7rrSy+r�.�o aun q carona A�V.14ru IaYI�r a p�p�+s�s+r 00 gigolo" w 4u 4 Pmd wl bw at L-cLI%ANKRONd • ., -, iS r '7 a7�i79 dab 1W711YR tints 61 96 a1 Anc ! ism '91 1mw i*43 •ivn a:sra aumnxv asns unr•7v.1"Iss SU, ` 599-9f=-[fulav f , -1 IIOtiitisisa '1rsl7 vion iT !!s ; Oiiat P fio� silrxs Mat ST aTMM ablest le aT `OomnO9v! IsM 0if fail �9 ilt{1/i9f1 aiirQ Zrljt!!!s! XtO� ssKas •i a7TilO 111; 7291d 0292aOs 4X40!0 'R !7'0!09 a WUWdDAqu I fait '9 Isla o ala7! i11lJ xzmw Ascii Sf1!!! '7 Olym !Oi USM !SAINI'tt 'X1000 . . w�+4wa•1�p�wouan�a�Mloo��rarmw►r 1lp:� .- , .Y - • _ ��Mhl— ��eR4FM��w4�yPN��J! yPapaORiu1�� y R!101iiiaia !!i LO.lOiOiXO !!i Ot ret� OOMw1u1rM�+brawmr�mo� ,1 110 f i•mr a tl wl��w w i !. - MENEM �n e.m a�m�� ,sr• "f Int u �IlaJtsenao . u *Mad 1 aapseons OIMi •e7 'w[� Wo 1 ORTeag •r ao•Pa112 1 Omina L" wg •O'i t Xe ksunao 1 Opsomm ?OTaTzsc sT'Gst ��qa t pupionoa aQL71fItQdGM003HMr IM 600 'd £S81 £68 MIR MANS MUM t2:80 (nHI)86 ,I£- '33Q •►Ott swe IM •OLdt lot' dell am Ntwzu= M i71>ei cut _ to am= r h6 0ziams=ID !� �igfLiO OM! af!? ''ix0'1■!1! � ,�_•_��• '�llL'�®t•1�0 •t� S'3Yd �*P.s't � NZ �6'sDt �tt I T Dior '6lst `®t MW 13=1 IMEWSUMM Y 8MM `'cc 1 .•:: AMIDWA= 11l•!d-jm Otr doffIMIDOW v 'te l "UM YIOSsIIlD M . •ptVMM TM iI ir.6i�1[s e'1�l![�g9yttiAtdt4�l�1t liO L 0 lLi •td (6)E i1t am= &D IC! dcom in 69LO= lot diEMN1l1' so j!3Gaffe== I&IM 'l>f t mum AWL in ows Sr��Lt'A13rd stGlQi 04 sY MMMM •84= do ASK= onum rm i0 sna lit, al sawns ASMI&M 'll n ink A%=Tn ; . •i �idlloQQs ' 010 A £S8I 268 0£3:131 DIANS MUM n:80 (OHI)86 m- 'Ogg • 047-230-107 047-230-106 COPPOCK LYRA TRUST SCHR.ADER MA IO&SUSAN P O BOX 295 15073 RICHARDAN SPGS RD BONITA CA 91908-0295 CHICO A 95926 047-230-105 047-230-039 MIDKIFF RALPH&VIRGINIA FAMILY TR MERLO A JOHN ETAL 047-230-135 7 LEMON HILL DR 121 SW MORRISON ST STE 450 Fleming, Jeffrey OROVILLE CA 95966 PORTLAND OR 97204 5850 Cohas s e t Rd. Chico, CA 95973 047-230-133 047-280-006 LOTTI STEVE&CAROLE KELLY BECHTEL JON H TRUST 047-230-106 P O BOX 1976 1190 CIVIC CENTER BLVD Campbell, David CHICO CA 95927 YUBA CITY CA 95.991 15073 Richardson Springs Chico, CA 95926 047-230-042 047-230-134 RITTER DALE W COLVIN WILLIAM W&LESLIE J WRIGH7 975 EAST AVE#156 750 DIAS DR CHICO CA 95926 CHICO CA 95926 047-230-135 047-280-064 LOTTI STEVE& ROLE KELLY OAKLEY ERNEST PAUL P O BOX 1976 14504 RICHARDSON SPRINGS RD CHICO A 95927 CHICO CA 95973 047-280-065 047-280-063 BACCIOCCO LORI L DAJ TRUST 14472 RICHARDSON SPRINGS RD P O BOX 1744 CHICO CA 95973 FAIR OAKS CA 95628 047-280-066 047-280-067 JENKS DANIEL S&CATHY A BROWN LEROY A&FAYE M CP P O BOX 3334 14314 RICHARDSON SPRINGS CHICO CA 95927 CHICO CA 95973-9043 . i L.o ----- u------------,----------- BB996 WD SAVO 8142 NMT YOE 0 ::� 331SMW 8 M00030 NAM! jsn% EM 31.E WIVIS 000 E90 08H L90 113 MOT-EM26 WD 0 D 1 H T66G6 V3 A113 WnA 3NM B51HEN319 UnIS 331N30 MAID 061 *',' 33isnm H NOE jBIHOW W NVERS 1 9 AMANBE 9N1WW.:.J isnui H NOE 131MM 3v ssnivis 000 SET 062 Lie N43 Dv wnivis 000 900 082 Lho :7,**.". 92626 V.'*-.) 0 3 1 H'-'D 9620-80616 W-1 t 11 N D-Z Ho svic 0241- 962 XDG 0 J 33isnui vmi Nooddn', H010M r 211SM T M WV1111M MAIM isnui mw moddoD ov usnivis 000 NEI OE2 :_NO M 31._1 4snivis 000 LOT OE2 LK0 M LE626 V,.:) 0 2 1 H.'-`1 5690-L2606 VQ 0 3 1 H 9 L 6 1 X 0 E 0 962 XOG 0 tni A113N 31DAVO 1 SAMS 1110-1 Nvsns w omunm ov ssnivis 000 EET OE2 LNO Nl.]! ov wivis 000 90T M LK0 PME, 99626 3771ADAC) tOEL6 U0 QNVMAOC�` KJQ 1-1114 NOW31 L 095 319 W NOSIAUDW MS 72T 31 VIN1081A I NVMV Hd!VU wmanAl 8 0 132M.-I I AMMA VINTSUIA 1 Hd!VH AWN011,,1 W13 NHOf V 01531;.! ov wnivis 000 9 0 T OEB ho 512 ov ssnivis 000 6% 062 LHO 92826 V3 __'__ray: . ...3EL626 VD 031RD WAS WOS102 T .OB G8 SONIAdS NOSUMHO18 M54-11: 331sn8i i awa 13HANW! Isnul Eva 1 idol 0130130ve wnivis 000 251 OEB L50 %I-"- ou %smvis 000 290 082 Wo 21E E506-EL696 V3 031H3 OL056 V3 SOMW3 NVS SON18dS NOSUHM318 5TEsT LNT XOG 0 331sn8i I GIV839 ISM' d3 W 31tW A W A0831 NMOHG ismi 1 UI.fit 39 1SN83 ov Rsmwis 000 L90 092 LK0 A!*-'-.'J ov itil ivis 000 590 082 L50 27].' L2626 VD 001HO 9MG6 V3 0 3 1 H".:,j NBEE WE 0 ..! 991# 3AV ISM 9L6 03MA IS38 3H! 10J, W AHIVO 1 S 731NVO SANRC M 31M ow mnivis 000 990 082 LNO 513 ow wnivis 000 250 OEB L50 M.--n. JO oi- Project: Ernst/Ritter,Rezone 99-04 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: 1. Name of Proponent: Gerald Ernst and Dale W. Ritter 2. Address: 14472 Richardson Springs Road, Chico, CA 95973 Phone: 530-893-1600 3. Name of Proposal: Ernst/Ritter Rezone (REZ 99-04) 4. Type of Project. Rezone 5. Project Description: This is a proposal to rezone two parcels of 40-acres each, one parcel of 46.18-acres and one parcel of 51.55-acres, for a total of 177.73-acres, from FR-40 (Foothill Recreational, 40-acre parcels) to FR-20 (Foothill Recreational, 20-acre parcels). The site is designated by the Land Use Element Map of the Butte County General Plan as Agricultural- Residential. The four existing parcels conform to the FR-40 zoning. The applicants are requesting an increase of density to allow for 20-acre parcels. This would allow for eight total parcels, or four more than what is currently allowed. The specific environmental issues that may result from a land division would be completely addressed when an application is made for a subdivision that indicates parcel configurations and access design. This Initial Study addresses the impacts directly related to a change in the zoning designation and how the decrease in allowable parcel size may impact the environment. 6. Location of project: This project is located adjacent to Richardson Springs Road, approximately three-quarters of a mile northeast of Cohasset Road, northeast of the City of , Chico. 7. Setting: This property consists of two undeveloped parcels and two parcels developed with single family residences. The property drains into Mud Creek in a southwesterly direction, at a 5 to 15 percent slope. Some portions of the property along the banks of Mud Creek have steeper slopes. The habitat is a mix of Foothill Woodland, Chaparral, Valley Grassland, and Riparian types. The property is classified as non-critical winter range for the East Tehama Deer Herd. The soil is classified as Scabland by the Soil Conservation service. The property obtains access by Richardson Springs Road a County road. 6. Assessor's Parcel Numbers: 047-280-064, 047-280-065, 047-230-042 ❑ Butte County Department of Development Services D Planning Division ❑ 1 li Project:Gmst/Ritter,Rezone 99-04 7. Date Checklist Submitted: 8. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None. H. DETERMINATION: On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. • I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Daniel C. Breedon, Senior Planner Date Reviewed by: Randy Wilson, Principal Planner Date ❑ Butte County Department of Development Services ❑ Planning Division ❑ 2 Project:Ernst/Ritter,Rezone 99-04 M. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological resources ❑ Cultural Resources X Geology/Soils ❑ Hazards/Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise 0 Population\/Housing ❑ Public Services ❑ Recreation 0 Transportation/Traffic ❑ Utilities/Service Systems X Mandatory Findings of Significance EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone. A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project-specific screening analysis.) 2) All answers must take account of the whole action involved including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: ❑ Butte County Department of Development Services ❑ Planning Division ❑ 3 Project:Enist/Ritter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact a) Earlier Analysis Used: Identify and state where they are available for review." b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project: 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. IV. ENVIRONMENTAL IMPACTS: 1. AESTHETICS. Would the project: a) Have a substantial adverse effect I on a scenic vista? X b) Substantially damage scenic resources including, but not limited to, trees, rock ❑ Butte County Department of Development Services ❑ Planning Division ❑ 4 ' Project:Ernst/Ritter;Rezone 99-04 Less Than ' Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact outcroppings, and historic buildings within a state scenic highway? K c) Substantially degrade the existing visual character or quality of the site and its surroundings? 1t d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Response: This project will not affect a scenic vista nor have a demonstrable negative aesthetic effect. The site is not located along a State or County designated scenic highway. The 4 additional new homes that could be built as a result of this project, if the land is subdivided, will most likely have night lighting for safety and security reasons. However, lighting will not cause a significant impact because of the limited number of additional dwellings that can be placed on the site, and the relatively low density of development. Street lights are not required as a part of this project. Mitigation: None required. 2. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department. of Conservation as an optional model to use in assessing impacts on agriculture and farmland . Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- 0 Butte County Department of Development Services ❑ Planning Division ❑ 5 Project:Ernst/Ritter,Rezone 99-04 Less Than Significant Less Potentially With. Than Significant Mitigation Significant No Impact Incorporated Impact Impact agricultural use? X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? X Response: This soil is classified as Scabland by U.S. Department of Agriculture mapping of soils in Butte County. This series has limited agricultural value. The property is not currently used for any agriculturally related use. There is no Williamson Act contract affecting this property. No impact is anticipated to agricultural resources as a result of this project. Mitigation: None required. 3: AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? �t b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 1t c) Result in a cumulatively considerable net increase of any criteria_pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative 0 Butte County Department of Development Services ❑ Planning Division 0 6 Project:Gorst/Ritter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact thresholds for ozone precursors)? K d)Expose sensitive receptors to substantial pollutant concentrations? 1t e) Create objectionable odors affecting a substantial number of people? 1t Response: a. - d. The proposed rezone would allow a density change from one unit per 40 acres to one unit per 20 acres, resulting in a potential of 4 additional single family residential units on the 177.73 acres. Vehicle traffic generated by these new dwelling units will result in an incremental impact on air quality created by the increased traffic generated and the use of wood burning devices. The Butte County Air Quality Management District indicates that if access to future parcels is on unpaved roads, dust may become a nuisance to nearby residents. The District recommends that control measures be incorporated that will reduce dust emissions from unpaved roads, such as paving and the use of surface treatments with penetration chemicals. Construction impacts, such as grading and' operation of construction vehicles, will create a temporary increase in dustfall within the immediate vicinity of the project site. This is a temporary impact which can mitigated below a level of significance. Future proposals to develop the land to the extent permitted by the rezone will require additional environmental review to assess the potential impacts from any proposed roads and development associated with the subdivision. Appropriate air quality control measures will be incorporated at that time. Future proposals must also consider the standards as set forth by both the California Air Resources Board and the Environmental Protection Agency. These standards have been established to protect human health and welfare. Counties are designated in attainment if the standards are met and in nonattainment if they are not met. Butte County, and all Northern Sacramento Valley Air Districts, have been designated as being "moderate" nonattainment areas for the State standards for ozone and fine particulate matter defined as smaller than 10 microns (Particulate Matter 10, or "PM10"). ❑ Butte County Department of Development Services ❑ Planning Division ❑ 7 1 Project:Ernst/Ritter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Currently, Butte County is in attainment for all the federal air quality standards which are less stringent than the State of California standards. e. This proposed change in residential density will not create significant objectionable odors, smoke or fumes beyond what is customary and expected from residential uses at rural densities. Mitigation: None required. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Fish and Wildlife Service? X b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 1t c) Have a substantial adverse effect on 'federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d) Interfere substantially with the movement of any native resident or ❑ Butte County Department of Development Services ❑ Planning Division ❑ 8 Project:Ernst/Ritter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife-nursery sites? X e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance. X 0 Conflict with the provisions of an adopted Habitat Conservation Plan. Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Response: The proposed rezone would allow a density change from one unit per 40-acres to one unit per 20-acres resulting in a potential of 4 additional residential units on the project site. It is anticipated that the rezoned land will be divided and some clearing will take place to accommodate site development and non-native landscaping may be introduced. Any future proposal to divide the land to the extent permitted by the rezone will require additional environmental review pursuant to the California Environmental Quality Act (CEQA) to assess the potential impacts of any proposed subdivision of the site. A drainage plan should be developed as a part of this review to address how run-off related to additional development will be retained on-site and prohibited from entering Mud Creek. This review should include involvement of the California Department of Fish and Game, a Trustee Agency under CEQA, if any alteration or discharge to Mud Creek is proposed, The property is within the East Tehama 20-acre non-critical winter deer range. The proposed 20-acre zoning conforms to the deer range. Mitigations to protect the deer range should be considered during review of any land division. This review should be coordinated with the Department of Fish and Game. Because the change in zoning to FR-20 in and of itself will not cause any environmental impacts, no mitigations are recommend for project approval. It is not recommended that Fish ❑ Butte County Department of Development Services ❑ Planning Division ❑ 9 Project:Ernst/Ritter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact and Game Filing fees be required, and a Deminimus impact finding shall be made with respect to the project's impact on fish and wildlife. This finding may not be applicable to future land division proposals if significant impacts to fish and wildlife resources are indicated. Mitigation: None required. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? K c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? x d) Disturb any human remains, including those interred outside of formal cemeteries? X Response: According to Butte County constraints mapping, the project site is located in an area considered to have a high archeological sensitivity. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or above bodies of water. This mapping is general in nature and basis the probability of archeological significance on the physical characteristics and history of different areas of the County. Classification of this property as having a high sensitivity for archeological resources does not in itself indicate the presence of archaeological resources. The proposed rezone may result in a land division that would allow 4 additional homesites, construction of which may have an impact on archaeological sites. Several archeological easements are shown on the previous parcel map that created this property. Inquiry with the Northeast Information Center indicates that the-Ernst property (APNs: 047-280-064 and 047-280-065) was subject to archeological reconnaissance, which resulted in the creation of the easements. Planning staff recommends that no further reconnaissance be necessary so long as the subject ❑ Butte County Department of Development Services ❑ Planning Division ❑ 10 Project Ernst/Ritter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact easements are shown on the recorded Parcel Map. No archeological survey was conducted on the Ritter property(APN: 047-230-042). Prior to approving any future land division, this property must be surveyed due to its location within a High archeological sensitivity area. The following archeological sites: CA-But-539 CA-But-538 and CA-But-484, located on the Ernst property, should be identified on any future recorded Parcel Map. Further information on these sites is available at the Northeast Information Center, California State University, Chico. Ariy future map must also indicate that the sites are to be excluded from development. Due to the Ritter property's location within a high archeological sensitivity area, any future land division application must include an archeological survey to identify any sensitive archeological sites. 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse'effects, including the risk of loss, injury, or death involving: 1t 1) Rupture of a known earth- quake fault, as delineated on the most recent Alquist-priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other sub- stantial evidence of a know fault? Refer to Division of Mines and Geology Special Publication 42. K 2) Strong seismic ground Shaking? 1t 3) Seismic-related ground failure, including liquefaction? �t ❑ Butte County Department of Development Services ❑ Planning Division ❑ 11 Project:Emst/Ritter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation. Significant No Impact Incorporated Impact Impact 4) Landslides? 1t b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? �t d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating sub- stantial risks to life or property? �t e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste water? X Response: a.1. The Seismic Safety Element indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The closest mapped Fault-Rupture Zone is the Cleveland Hills Fault line which is located 18 miles to the southeast. No impacts are anticipated as a result of fault rupture and no seismic related requirements are necessary. a.2. The intensity of ground shaking at any specific site depends on the characteristics of the earthquake, the distance from the earthquake, and on the local geologic soils and conditions. At present, there is insufficient data to predict accurately the expected ground motions at various locations in Butte County. a.3. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a low potential for liquefaction. No impact is anticipated. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 12 S Project:Emst/Ritter,Rezone 99-04 Less Than • Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact a.4. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is a low potential for landslides in this area. No Impact is anticipated. b. The Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that erosion potential of this site is high. No impact is anticipated from the proposed rezone, which does not in itself allow for additional development. Any future land division must consider the effects of development on erosion and mitigate any significant impacts. C. No impact is anticipated from instability, landslide, lateral spreading, subsidence, liquefaction or collapse. d. The Conservation Element's Expansive Soils Map indicates that the project site has a low expansive soil designation. No impact is anticipated. e. The Butte County Environmental Health Department indicates that soil investigations for this property indicate that recent soil investigations regarding the ability of the property to support on-site sewage disposal systems were not finished and should be considered inconclusive. The Health Departmerit recommends that the Rezone be conditioned to require on-site sewage disposal systems to meet usable area requirements promulgated in the County Subdivision Improvement Standards, Appendix VII. Planning staff recommends that a Conditional Zoning Agreement be executed and recorded with the Butte County Recorder between the property owner and County of Butte indicating the Environmental Health Department's requirements for sewage disposal. The agreement would preclude the processing of a subdivision map until the requirements for sewage disposal have been provided to the Health Department's satisfaction. This is recommended as a project mitigation measure. Mitigation Measure #1: A Conditional Zoning Agreement shall be executed and recorded with the Butte County Recorder between the property owner and County of Butte indicating the following condition: A. Any project proposing to subdivide or develop the property subject to.this rezone shall demonstrate one of the following requirements to the Butte County ❑ Butte County,Department of Development Services ❑ Planning Division, ❑ 13 Project:Enist/Ritter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Environmental Health Department in order to demonstrate on-site sewage capability as part of the application for a tentative parcel map or tentative subdivision map: 1. Meet usable area requirements for on-site sewage disposal systems promulgated in the County Subdivision Improvement Standards, Appendix VII. 2. Any proposal for an alternative sewage disposal system due to the lack of usable area for conventional on-site sewage disposal shall require a maintenance and oversight entity with approval and permit issuance by thee Regional Water Quality Control Board. Each proposal will be evaluated by the Butte County Environmental Health Department on a case by case basis. 7, HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport use, or disposal of hazardous materials? X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? �t c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed schools? 1t d) Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or ❑ Butte County Department of Development Services ❑ Planning Division ❑ 14 Project:Ernst/Ritter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact the environment? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? X g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Response: a. - g. The project will not interfere with any airport or emergency response plan nor is located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. h. The proposed rezone may result in land divisions that would allow 4 additional homesites. These new homesites represent an incremental increase in the need for fire protection services. The site is located in an area identified as having a high Wildfire Hazard pursuant to the Natural Fire Hazard Fire Classes Map of the Safety Element of the Butte County General Plan. Development in this area exposes structures to ❑ Butte County Department of Development Services ❑ Planning Division ❑ 15 Project:Ernst/Ritter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact external fire hazards .as well as presents a potential source of fire ignition to surrounding lands. The Butte County Fire Department/California Department of Forestry indicates that this individual rezone has no impact on the Fire Department, but the cumulative affect of the rezone and higher density results in an incremental increase in demand for fire protection services. Future land divisions permitted by the rezone will require additional environmental review which may result in mitigation measures/conditions requiring fire sprinkler systems, water availability requirements and the application of fire safety standards found in Public Resources Code 4290 (Fire Safe Regulations). Mitigation: None required. 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 1t c) Substantially alter the existing drainage pattern of the site or area; including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? X d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a ❑ Butte County Department of Development Services ❑ Planning Division ❑ 16 Project:Ernst/Ritter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? �t e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff X 0 Otherwise substantially degrade water quality? K g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? K h) Place within a I00-year flood hazard area structures which would impede or redirect flood flows? �t i j I) Expose people or structures to a significant risk or loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? x j) Inundation by seiche, tsunami, or mudflow? �t Response: a. - f Future proposals to develop the land to the 20-acre parcel size permitted by the rezone will require additional project-specific environmental review to assess the potential impacts to water quality, drainage and groundwater withdrawal. Additionally, the Butte County Local Agency Formation Commission indicates that ❑ Butte County Department of Development Services ❑ Planning Division ❑ 17 Project:Emst/Ritter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Downstream flooding issues should be reviewed as part of a comprehensive drainage program. Although the proposed density of 20-acres would not contribute significant amounts of additional drainage to the watershed, environmental review of any future land division must address these concerns. It is not anticipated that development of the 20 acre parcels proposed will have an impact on water flows off-site. The 20-acre parcels proposed are large enough to accomodate retention of run-off generated by development of single family dwellings. b. Water supply for the 4 additional parcels permitted by the Rezone would be provided by on-site domestic wells. One well per 20-acre parcel is not expected to have a significant impact on groundwater supplies or interfere substantially with groundwater recharge,such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. I. Portions of the property surrounding Mud Creek are within the Flood Zone according to Flood Insurance Rate Map Panel #06007C0330C, dated June 8, 1999. However, a majority of the property is clear of the flood zone. Any future subdivision proposal should address the impact of the flood zone on building site locations, roads and bridges. j. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact shall be incurred with respect to these natural hazards. Mitigation: None required. 9. LAND USE AND PLANNING. Would the project? a) Physically divide an established community? X b) Conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating ❑ Butte County Department of Development Services ❑ Planning Division ❑ 18 Project:BmsURitter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact an environmental effect? x c) Conflict with any applicable habitat conservation plan or natural community conservation plan? x Response: a. The project will not physically divide an established community. No impact shall be incurred. b. The Agricultural Residential land use designation assigned to this property by the Butte County General Plan allows for the increase in density proposed by the rezone. The FR-20 (Foothill Recreational, 20-acre parcels) Zoning District is shown to be a consistent with the General Plan. C. The proposal will not conflict with any applicable habitat conservation plan or natural community conservation plan. 10. MINERAL RESOURCES. Would the project.: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents or the state? K b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land,use plan? x 0 Butte County Department of Development Services ❑ Planning Division 0 19 Project:Ernst/Ritter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: a. - b. The property is not known to contain any important mineral resources of value to the region. No impact shall be incurred. Mitigation: None required. 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b) Exposure of persons to or generation of excessive groundborne.vibration or groundborne noise levels: X c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airportor public use airport, would the project expose people residing or working in the project area to excessive noise levels? X ❑ Butte County Department of Development Services ❑ Planning Division ❑ 20 Project:Ernst/Ritter,Rezone 99-04. Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Response: a. - d. The project site is located in an area of rural residential uses away from customary sources of significant noise. Intermittent noise from vehicles on Richardson Springs Road will be heard. Future land division should take this noise source into account when choosing building sites. This rezone project will not cause an increase in noise or expose people to severe noise levels. A subsequent land division as a result of this rezone will result in an increase in noise created on the project site and on the adjacent parcels. Construction noise will be the first new source added to the site that could influence nearby residents. Sources could include heavy equipment, power saws and hammering and can be significant, especially during noise sensitive hours. Construction activities would temporarily generate high noise levels on and adjacent to the project site intermittently during project development activities. This construction noise, especially grading equipment, will not have a significant impact on nearby residents because the noise will be intermittent and short-term in nature. Mitigation: None Required. 41 12. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure? X b) Displace substantial numbers of existing housing, necessitating the construction of replacement'housing elsewhere? X ❑ Butte County Department of Development Services ❑ Planning Division ❑ 21 0 Project:Ernst/Ritter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? �t Response: a. Butte County population has grown at a rate at or below all official population projections for the past 10 years. Projected population for 1990 was 195,000, while the actual census population was 182,000. The estimated population for January 1, 1998 was 201,596. The proposed rezone would allow a density change from one unit per 40 acres to one unit per 20 acres, resulting in a potential of 4 additional residential units on. This project will have the potential to add an estimated 11 people to Butte County (4 dwelling units x 2.6 persons/dwelling unit). It is impossible to speculate when the land will be subdivided or when these parcels will become occupied. However, based on similar development, build-out may be spread out over several years, and some parcels may be left vacant for an indefinite period of time. In either case this is not considered a significant amount and is consistent with the estimated growth rate for the County of about 2% per year. b. - c. The project will not displace individuals or housing. If the land is subdivided additional housing could be developed. No impact shall be incurred. Mitigation: None required. 13. PUBLIC SERVICES. a) Would.the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? K ❑ Butte County Department of Development Services ❑ Planning Division 0 22 Project:Ernst/Ritter;Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Fire protection? K c) Police Protection? X d) Schools? 1t e) Parks? 1t f) Other public services? X Response: a. The proposed rezone may result in land divisions that would allow for 4 additional homesites. Although this presents an incremental contribution to the impact on area services, it is not considered significant enough to warrant specific mitigation. b. The proposed rezone may result in land divisions that would allow 4 additional homesites. These new homesites represent an incremental increase in the need for fire protection services. The site is located in an area identified as having an Extreme Wildfire Hazard pursuant to the Natural Fire Hazard Fire Classes Map of the Safety Element of the Butte County General Plan. Development in this area exposes structures to external fire hazards as well as presents a potential source of fire ignition to surrounding lands. The Butte County Fire Department/California:Department of Forestry indicates that this individual rezone has no impact on the Fire Department, but the cumulative affect of the rezone and higher density results in an incremental increase in demand for fire protection services. Future land divisions permitted by the rezone will require additional environmental review which may result in mitigation measures/conditions requiring fire sprinkler systems, water availability requirements and the application of fire safety standards found in Public Resources Code 4290 (Fire Safe Regulations). C. The cumulative impacts of increased development in rural areas impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. Sheriffs facilities will be collected at the time of building permit issuance to offset the cost of proving sheriff services to the new dwelling units on the project site. d. The proposed rezone may result in land divisions that would allow 4 additional homesites, which represents an incremental increase in the demand for school services ❑ Butte County Department of Development Services ❑ Planning Division ❑ 23 Project:Ernst/Ritter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact in the area. New development is subject to payment of school fees that are collected prior to issuance of building permits. This will be a condition of future subdivisions. e. - f. The proposed rezone may result in land divisions that would allow 4 additional homesites in addition to the two existing and six potential building sites. This may represent an incremental increase in the demand for maintenance of roads and other public facilities in the area as well as area parks. This is not considered significant due to the small number of potential additional residents. Mitigation: None required. 14. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 1t b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Response: a - b. The project will allow for the eventual improvement of 4 new building sites in addition to the two existing and'two potential building sites. The impact on area recreation facilities will be assessed upon review of a subsequent subdivision proposal. Mitigation: None required. 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic ❑ Butte County Department of Development Services ❑ Planning Division ❑ 24 Project:Er ,st/Riaer,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 1t b) Exceed, either individually or cumula- tively, a level of service standard established by the county congestion management agency for designated roads or highways? X c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e) Result in inadequate emergency access? K fl Result in inadequate parking capacity? K g) Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? K Re onse: a - g. The property is served by Richardson Springs Road, a minor county road. Richardson Springs Road intersects Cohasset Road, a major County arterial approximately three-quarters of a mile to the southwest. According to the Butte County Master Environmental Assessment, 1,970 daily trips occurred on the section ❑ Butte County Department of Development Services 0 Planning Division 0 25 Project:Emst/Ritter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact of Cohasset Road south of Richardson Springs Road 1995, providing for a Level of Service (LOS) of "A." An LOS of"A" indicates an unrestricted flow of traffic. The proposed rezone may contribute additional traffic related impacts. However, it is not anticipated that the 4 additional building sites allowed by subdivision of this site will generate any significant traffic impact. A specific environmental review shall be conducted regarding the improvements necessary to private and public area roads upon review of any future land division. Mitigation: None required. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 1t c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?, K d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 1t e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has ❑ Butte County Department of Development Services ❑ Planning Division ❑ 26 Project:Lmst/Ritter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X g) Comply with federal, state, and local statutes and regulations related to solid waste? X Response: a. - g. The rezone proposal will provide for the potential of additional development. No impact in these areas shall be incurred as a result of rezone approval. A project specific environmental review will be necessary when a land division is submitted for review. Additional mitigations may be necessary at that time to address any significant impacts to these areas. 17. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California hist or prehistory? X ❑ Butte County Department of Development Services ❑ Planning Division ❑ 27 Project:Ernst/Ritter,Rezone 99-04 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively consider- able" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? 1t c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? K Response: a. and d. The proposed rezone will not degrade the environment, or have environmental effects which will cause substantial adverse effects on human beings. b. Information regarding soils as disclosed under Initial Study Checklist Item 6.e - Geology and Soils, does not allow for an accurate determination regarding the use of on-site sewage capability. Cumulative impact to these areas will be mitigated due to the inclusion of Mitigation Measures #1 as itemized under Section V. -Mitigation Measures and Monitoring Requirements. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 28 Project:Ernst/Ritter,Rezone 99-04 V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure #1: A Conditional Zoning Agreement shall be executed and recorded with the Butte County Recorder between the property owner and County of Butte indicating the following condition: A. Any project proposing to subdivide or develop the property subject to this rezone shall demonstrate one of the following requirements to the Butte County Environmental Health Department in order to demonstrate on-site sewage capability as part of the application for a tentative parcel map or tentative subdivision map: 1. Meet usable area requirements for on-site sewage disposal systems q g P Y promulgated in the County Subdivision Improvement Standards, Appendix VII. 2. Any proposal for an alternative sewage disposal system due to the lack of usable area for conventional on-site sewage disposal shall require a maintenance and oversight entity with approval and permit issuance by thee Regional Water Quality Control Board. Each proposal will be evaluated by the Butte County Environmental Health Department on a case by case basis. 0 Butte County Department of Development Services ❑ Planning Division ❑ 29 Project:EmsdRitter,Rezone 99-04 DATA SHEET A. Project Description 1. Type of Project: Rezone 2. Proposed Density of Development: 20-acre 3. Amount of Impervious Surfacing: 4 additonal single family dwellings 4. Access and Nearest Public Road: Access is provided by Richardson Springs Road which connects with Cohasset Road. 5. Method of Sewage Disposal: Individual septic systems. 6. Source of Water Supply: Individual on-site domestic wells. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: The rezone proposes 20-acre parcel size, which will allow for four additional dwellings. B. Environmental Setting 1. Terrain a General Topographic Character: Foothill b. Slopes: Predominantly 5 - 15 percent. Greater slopes along the bank of Mud Creek. C. Elevation: 380 to 500 feet above sea level. d. Limiting Factors: Soils limit usable area for on-site sewage disposal. 2. Soils a. Types and Characteristics: Scabland and Vina stony loam around Mud Creek. b. Limiting Factors: Very stony, generally not suitable for cultivation. 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: High C. Landslide Potential: Low d. Fire Hazard: Extreme Hazard e. Expansive Soil Potential: Low 4. Hydrology a. Surface Water: Mud Creek bisects the property. b. Ground Water: Abundant valley aquifers. C. Drainage Characteristics: Generally southwesterly, towards Mud Creek. d. Annual Rainfall (normal): 26-inches per year. e. Limiting Factors: None. 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good, except when stagnant air conditions persist in the valley. 8. Vegetation: Chaparral ❑ Butte County Department of Development Services ❑ Planning Division ❑ 30 J J � • Project:Ernst/Ritter.Rezone 99-04 9. Wildlife Habitat: Non-critical 20-acre winter deer range, not within the Designated Development Zone (DDZ). 10. Archaeological and Historical Resources in the area: High sensitivity area. 11. Butte County General Plan designation: A-R (Agricultural Residential) 12. Existing Zoning: FR-20 (Foothill Recreational, 20-acre parcels) 13. Existing Land Use on-site:'Two single family residences. 14. Surrounding Area: a. Land Uses: Undeveloped land. b. Zoning: North: FR-40 (Foothill Recreational, 40-acre parcels), South: FR-40; East: FR-40 and U (Unclassified); West: FR-40 (Foothill-Recreational, 40- acre parcels) C. Gen. Plan Designation: North, South, West: Agricultural Residential; East: Grazing and Open Land, Agricultural Residential d. Parcel Sizes: North, South, West: 40-acres; East: 40-640 acres. 15. Character of Site and Area: Undeveloped open land with residential development. 16. Nearest Urban Area: City of Chico 17. Relevant Spheres of Influence: None 18. Improvement Standards Urban Area: None 19. Fire Protection Service: w a. Nearest County (State) Fire Station: Station number 42 approximately 4 miles away. b. Water Availability: Fire tankers only. 20. Schools: Chico Unified School District. ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1- Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1. Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV-1. Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 31 CHIEF ADMINISTRATIVE OFFICE COUNTY OF BUTTE o %3TCOUNTY 25 COUNTY CENTER DRIVE MEMBERS OF THE BOARD Y OROVILLE,CALIFORNIA 95965-3380 a .o Telephone:(916)-538-7631 Fax:(916)-538-7120 R.J.BEELER c�Ut"I JANE DOLAN MARY ANNE HOUX JOHN S.BLACKLOCK CURT JOSIASSEN CHIEF ADMINISTRATIVE OFFICER FRED C.DAVIS April 17, 2000 Gerald Ernst and Dale W. Ritter 14471 Richardson Springs Road Chico, CA 95973 RE: Conditional Zoning Agreement Gentlemen: Enclosed for your records please find two copies of the Conditional Zoning Agreement approved by the Board of Supervisors on March 14, 2000, and recorded on March 16, 2000. If you have any questions or concerns, please contact me at 538-7643. Thank you. Sincerely, M ion Reeves Assistant Clerk of the Board /mr enc (2) cc: Development Services(w/enclosure) � • • ilii��i iii�i����i�i��iii�i������� c000-0m051476 COMPLETE THIS INFORMATION Recorded REI FEE Official Records I CONFORM 00 RECORDING REQUESTED BY: Couunntty Of I ' Clerk of the Board of Supervisors CANM J. GRUBBS I WHEN RECORDED RETURN TO: ROSEAARY DICKSON I y 02:19PMi16�r-20M I Paletl Clerk of the Board g of 6 25 County Center Drive Oroville, CA 95965 Document Title(s): Conditional Zoning Agreement (Gerald Ernst and Dale W.Ritter) cx THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Recording Requested By County of Butte And When Recorded Return to Clerk of the Board of Supervisors 25 County Center Drive Oroville, CA 95965 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 14 day ofMarch ,2000,by and between Gerald Ernst and Dale W. Ritter, herein called"Owner", and the COUNTY OF BUTTE, a political subdivision of the State of California,herein called "County". WITNESSETH WHEREAS, Owner is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described as follows: Parcel I The southeast quarter of the southeast quarter of Section 23,T23N,R1E,MDB&M. Assessor Parcel Number: 047-230-042, containing 40-acres, more or less Parcel 2 The southwest quarter of the southeast quarter of Section.23,T23N,R1 E,MDB&M. Assessor Parcel Number: 047-230-042, containing 40-acres, more or less Parcel 3 Parcel 17 as shown on that certain map filed for record in Book 63 of Parcel Maps, at Page 83 in the office of the Butte County Recorder. =- Assessor Parcel Number: 047-280-065, containing 51.55-acres,more or less. Parcel 4 Parcel 16 as shown on that certain map filed for record in Book 63 of Parcel Maps, at Page 83 in the office of the Butte County Recorder. Assessor Parcel Number: 047-280-064, containing 46.18-acres,more or less. WHEREAS, the Property is now zoned FR-40 (Foothill Recreational - 40 acre parcels); and WHEREAS, Owner has applied for a reclassification of zoning of the Property from its present classification to FR-20 (Foothill Recreational - 20 acre parcels); and. WHEREAS,public hearings have been held upon said application before the Board of Supervisors of the County of Butte, State of California, and after having considered the matter presented, the Board has determined that certain conditions to the zoning reclassification of said real property must be imposed so as not to create any problems inimical to the health, safety and the general welfare of the County of Butte. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification to FR-20 is being granted and will be enacted by ordinance, the said reclassification shall be subject to the following condition(s): 1. Any project proposing to subdivide or develop the property subject to this rezone shall demonstrate one of the following requirements to the Butte County Environmental Health Department in order to demonstrate on-site sewage capability as part of the application for a tentative parcel map or tentative subdivision map: a. Meet usable area requirements for on-site sewage disposal systems promulgated in the County Subdivision Improvement Standards, Appendix VII. b. Any proposal for an alternative sewage disposal system due to the lack of usable area for conventional on-site sewage disposal shall require a maintenance and oversight entity with approval and permit issuance by the Regional Water Quality Control Board. Each proposal will be evaluated by the Butte County Environmental Health Department on a case by case basis. 2. In the event Owner,any successor in interest of Owner, or any person in possession of the Property, violates or fails to perform any of the conditions of this Agreement within thirty(30) days after notice thereof as provided in Paragraph 3, the Board of Supervisors of County may instruct the County Counsel to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of County may also initiate proceedings to rezone the property to the classification to which it is now zoned or any other suitable classification. 3. Notice of violation of any of the provisions of this Agreement shall be sent to Owner or successor at the address of the then current owner as identified on the current tax roll. 4. In the event suit is brought by the County Counsel of County to enforce any of the provisions of this Agreement, Owner agrees to pay to County a reasonable sum to be fixed by the Court as attorney's fees. 5. Each and every one of the provisions of this Agreement herein contained shall run with the land and shall bind and inure to the benefit of the successors in interest of Owner and County, in the same manner as if they had been expressly named herein. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. Dated: .(..�.el — Gerald Ernst, Owne �. Dated: 2-a 7 Dale W. Ritter, Owner COUNTY OF BUTTE, a political subdivision of the State of California Dated: MAR 14 1000 By e Dol , Chair Ot. B te County Board of Supervisors [Attach Notary form] (g:\contract\conditio.agr) i ALL SIGNATURES MUST BE NOTARIZED. State of California, County of ^� , On 2 before me, l-. (lo��>�,I� personally appeared, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature (s) on the instrument the person (s) , or the entity upon behalf of which the person (s) acted, executed the instrument . WITNESS my hand and official seal . Notary Public 1:• � C�1�4M.�11585p1 x Commission ex res d I �+ 1200 l �� nor COUNIYeL1c "u 07 County J �� �`' riy Coinm.Expires OCL14,2001OF BME w State of California, County of Ul,L2� On 3'3 bre me, personally appeared, -7;; S personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name (s) is/are subscribed to the within instrument and acknowledged to tine that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by . his/her/their signature (s) on the instrument the person (s) , or the entity upon behalf of which the person (s) acted, executed the instrument . WITNESS my hand and official seal . '('AMI BARLOW COMM. 11114156 Notary Public /� !s NOTARYPUBLIC-CALIFORNIA y Commi s s ex i e s `7 �d� a COUNTY OF BUTTE c,, County- Comm. Expires Nov. 19,2000 State of California County of Butte On March 14, 2000 before me, Marion A. Reeves, Notary Public Name and title of Officer(e.g.,'Jane Doe,Notary Public') personally appeared Jane Dolan Name(s)of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name is/subscribed to the within instrument and acknowledge to me that)fglshe/toy.executed the same in hikher/thAr-authorized capacity(, and that by Ther /to- it signature(pon the instrument the personK or the entity upon bealf of which the personKacted, executed the instrument. WITNESS my hand and official seal. LAkU�—I Signature of otary Public MARION A.REEVES Commission# 1170840 Z Notary Public-California z Butte County .ay comm.my Expires.tan 24,2002 Title of Document: Conditional Zoning Agreement Date of Document: March 14, 2000 Number of Pages: 3 plus 2 notary pages SENDER: 0 omplete items 1 and/or 2 for additional services. I also wish to receive the aplete items 3,4a,and 4b. following services(for an 4) Unt your name and address on the reverse of this form so that we can return this extra fee): card to you. j •■Attach this form to the front of the mailpiece,or on the back if-space does not ,.1. ❑ Addressee's Address ° permit. •; `",. : . ZI y ■Write'Return Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery Cn « ■The Return Receipt will show to whom the article was delivered and the date r, .. C delivered. Const_ilt postmaster for fee. ° 0 v .3.Article Addressed tocc : 4a. 4a.Article Number • di 6 4b.Service Type sOn prInq.s ❑ Register� .��CC]-Certified c ^ t� ❑ ExpressMail Ci Up Insured yl Lu eb k G A- R(Sa /3 ❑ Return Receipt for Merchandise,pj COD 0 7.Date ofelivery p ° 02 p 5.Received By: (Print Name) B.Addressee's Address(Only if requested W and fee is paid) t ¢ t- g 6.Signat re: (Addressee or nt) ?.Amy I iQAA' A,4H I �i ii ��i �i it i rn s Form M11, Deceriliber 1994 R� Domestic Return Receipt + -D y f UNITED STATES POSTAL SERVIrE '-- First-Class Mail L LE =P_ostage-&'re ild M -Permit=No.G=90'� • Print your r arae;addre E 2060 COUNTY OF BUTT DUARTMENT OF DEMO . PLANNING V 0N L Coin CA 95983 '1 tcounty _ sate LAND OF NATURAL WEALTH AND BEAUTY DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES =3•'':'7"``''�':�` 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 www.buttecounty.net June 19, 2000 Gerald Ernst 14472 Richardson Springs Road Chico, CA 95973 RE: Rezone, File No. REZ 99-04 Dear 1N1r-Ernst: Enclosed is-Receipt No. 18467 in the amount of$606.50 fortheabove-referenced-file. As of'this date, the account has a zero balance and is closed. Your quick response is greatly appreciated. Thank you. P 298 037 987 Sincerely, Receipt for t Certified Mail No Insurance Coverage Provided LINTEL STATES Do not use for International Mail COSTAL SEfNICE Thomas A. Parilo n(See Reverse) 1110 Director of Development Services f �r rnSt— Street ano No. TAP.-fib P.0,State and ZIP od •• Postage Enclosure Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing rn to Whom&Date Delivered a• Return Receipt Showing to Whom, "-c Date,and Addressee's Address c7 TOTAL Postage &Fees t 0 Postmark or Date M .. LLL (L r GERALD L ERNST 90-8186/1211 7.69 P.O. BOX 147 673254553 SAN CARLOS, CA '94070 _...:Date �O—r/—C3� ,.._..w....-,.w.—.K, �.� • Pay to the ��%LY/� Order of------� s � ,... Dollars WORLD SAVINGS® BANK,F58 j +" 301 Broadway Chico,California 95928 Memo-.- 1: 12 111 L13 L13661:0 ?69 emo-_-1: L2LL8L8661:0769 "a 67'3254553112 h-1 -0� I��67 6U6 606 svGe�C. DATE RECEIPT TOTAL PUBLIC LAFCO PLANNING PUBLIC ENV. FIRE NOE/NOD OTHER APPLICANT RECEIVED FROM NO. RECEIVED WORKS SALES HEALTH F/G FEE RECEIPT .18467 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED offsCount i LAND OF NATURAL WEALTH AND BEAUTY DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES i '`' i,t'': '::':; :'.^ •: ' ;; . I 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 I I www.buttecounty.net May 18,2000 Gerald Ernst 14472 Richardson Springs Road Chico,CA 95973 i (RE: Rezone, File No. RI Z 99-04 Dear Mr. Ernst: The total cost for the processing of the above-referenced application which was approved by the Board of Supervisors on March 141 2000,its$1,821.00. The cost exceeded the deposit by$606.50. Following is ia breakdown: j I Deposit on 2-4-99;Receipt No. 16962 $1,214.50 Professional Planner $1,386.50 i Mapping i $ '73.75 Clerical 360.7 I' Total j $1,821.00 I I Total Amount Due&Payable, $ .606.50 Please make a,check payable to the Butte County Treasurer in the amount of$606.50 and remit it to the Department of Developme�tf Serv�ces, Planning Division at 7 County Center Drive, Oroville, CA 95965 *thin 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. J Sincerely, I J fry r d Thomas A.Parilo �/6 { I i ! Director of Development Services TAP:jb . . .! i jAdocs\refunds\BOSdue.wpd I � j Date 06/19/00 Development Services Departmet Time 10 :57 am Applicant Billing Worksheet Page 1 i REZ 99-04 * Gerald Ernst 14472 Richardson Springs Road Chico, CA 95973 In reference to REZ 99-04 Rounding None Full Precision No Last bill Last charge 03/31/00 Last. payment / / Amount ' $0 . 00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 01/25/99 Teri B. / C 1 . 00 34 . 00 #21320 Clerical 34 . 00 02/08/99 Randy W. / P 0 . 25 14 . 75 #21721 Processing 59 . 00 02/22/99 Steve L. / LR 0 . 25 14 . 75 #21896 LAFCo Review 59 . 00 02/22/99 Teri B. / C 1 . 00 34 . 00 #21940 Clerical 34 . 00 02/22/99 Larry P. / P 1 . 25 73 . 75 #22057 Processing 59 . 00 03/08/99 Dan B. / P 1 . 00 59 . 00 #22206 Processing 59 . 00 03/08/99 Randy W. / P 0 . 25 14 . 75 #22279 Processing 59 . 00 03/22/99 Dan B. / P 0 . 50 29 . 50 #22473 Processing 59 . 00 05/03/99 Dan B. / P 0 . 25 14 . 75 #23133 Processing 59 . 00 07/26/99 Dan B. / P 0 . 50 29 . 50 #24683 Processing 59 . 00 10/18/99 Dan B. / P 1 . 00 59 . 00 #26359 Processing 59 . 00 11/29/99 Dan B. / P 8 . 00 472 . 00 #27092 Processing 59 . 00 Date 06/19/00 Development Services Departme* Time 10 :57 am Applicant Billing Worksheet Page 2 REZ 99-04 * :Gerald Ernst (continued) Date/Slip# Description HOURS/RATE AMOUNT TOTAL 12/13/99 Dan B. / P 3 . 25 191 . 75 #27284 Processing 59 . 00 12/13/99 Lynn R. / C 0 . 50 22 . 50 #27395 Clerical 45 . 00 12/27/99 Dan B. / P 4 . 75 280 . 25 #27492 Processing 59 . 00 12/27/99 Lynn R. ./ C 0 . 75 33 . 75 #27533 Clerical 45 . 00 01/10/00 Teri B. / C 0 . 50 17 . 00 #27643 Clerical 34 . 00 01/10/00 Lynn R. / C 1 . 00 45 . 00 #27710 Clerical 45 . 00 02/07/00 .Lynn R. / C 1 . 50 67 . 50 #28409 Clerical 45 . 00 02/21/00 Lynn R. / C 2 . 00 90 . 00 #28636 Clerical 45 . 00 02/21/00 Dan B. / P 3 . 00 177 :00 #28658 Processing 59 . 00 03/06/00 Dan B. / P 0 . 50 29 . 50 #28827 Processing 59 . 00 03/20/00 Paula A. / C 0 . 50 17 . 00 #29024 Clerical 34 . 00 TOTAL BILLABLE TIME CHARGES 33 . 50 $1, 821 . 00 TOTAL BILLABLE COSTS $0 . 00 TOTAL NEW CHARGES $1, 821 . 00 i Date 06/19/00 Development Services Departmet Time 10 :57 am Applicant Billing Worksheet Page 3 REZ 99-04 * :Gerald Ernst. (continued) PAYMENTS/REFUNDS/CREDITS 02/04/99 Deposit - Receipt #16962 (1, 214 . 50) 06/16/00 Deposit - Receipt #18467 (606 . 50) TOTAL PAYMENTS/REFUNDS/CREDITS ($1, 821 . 00) NEW BALANCE TOTAL NEW BALANCE $0 . 00 °Vr _ Count _ ySu ite LAND OF NATURAL WEALTH AND BEAUTY DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601. FAX: (530)538-7785 May 18, 2000 www.buttecounty.net Gerald Ernst 14472 Richardson Springs Road Chico, CA 95973 RE: Rezone,File No. REZ 99-04 Dear Mr. Ernst: The total cost for the processing of the above-referenced application which was approved by the Board of Supervisors on March 14, 2000, is$1,821.00. The cost exceeded the deposit by$606.50. Following is a breakdown: Deposit on 2-4-99,Receipt No. 16962 $1,214.50 Professional Planner $1,386.50 Mapping $ 73.75 Clerical $__360.75 Total $1,821.00 Total Amount Due&Payable $ 606.50 Please make a check payable to the Butte County Treasurer in the amount of$606.50 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, U" Thomas A. Parilo Director of Development Services TAP:jb j:\docs\refunds\BOSdue.wpd MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Gerald Ernst, REZ 99-04 DATE: April 7, 2000 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 047-280-064, 047-280-065 and 047-230-042, was: X Rezone from FR-40 (Foothill Recreational-40 acres) to FR-20 (Foothill Recreational-20 acres) zoning district. Granted a variance to Issued a conditional (type of project), (project description), (site location), (zoning). I NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. 272000 1400 Tenth Street Sacramento, CA 95814 X Butte County Clerk NO G T CO.CDEEP 9TY FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: REZ 99-04, Rezone AP Number: 047-280-064, 065 and 047-230-042 Applicant: Gerald Ernst, 14472 Richardson Springs Rd., Chico, CA 95973 State Clearinghouse Number(If submitted to clearinghouse): Contact Person: Daniel Breedon Telephone Number: 538-7601 Project Location: Along Richardson Springs Road, Yz mile northeast of Indian Cliffs Drive, north Chico area Project Description: Rezone 178+ acres consisting of three parcels from FR-40 (Foothill Recreational- 40 acres)to FR-20 (Foothill Recreational-20 acres) This is to advise that the Butte County Board of Supervisors has approved the above-described project on March 14, 2000, and has made the following determinations regarding the above-described project: 1. The project will,_X_will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures_X_were, were not, made a condition of the approval of the project. 4. A statement of overriding considerations was,_X_was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville,.CA 95965 � I Randy Wilson Principal Planner 'I i Mitigation Measures: • • 1. Meet usable area requirements for on-site sewage disposal systems promulgated in the County Subdivision Improvement Standards, Appendix VII. 2. Any proposal for an alternative sewage disposal system due to the lack of usable area for conventional on-site sewage disposal shall require a maintenance and oversight entity with approval and permit issuance by the Regional Water Quality Control Board. Each proposal will be evaluated by the Butte County Environmental Health Department on a case by case basis. DECLARATION OF FEES DUE (C forma Fish and Game Code Section 1.4) NAME AND ADDRESS OF APPLICANT Gerald Ernst 14472 Richardson Springs Rd. Chico, CA 95973 FILING NO. Project Title/file number: REZ 99-04 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION ( ) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) 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 $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER(Specify) j $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). #18283 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: March 21 2000 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIFS OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. i 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. CALIFIA DEPARTMENT OF FISH AS GAME CERTTFICATE OF FILING FEE EXE ION 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 99-04,along Richardson Springs Road, %Z mile northeast of Indian Cliffs Drive, north Chico area Project Description: Rezone 178+ acres consisting of three parcels from FR-40 (Foothill Recreational-40 acres) to FR-20 (Foothill Recreational-20 acres) 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: 63 - 2 2— 20 o C/ • ti;.F'. F-4 Y) 5. 90-8186/1211 682 GERALD L ERNST 673254553 P.O. BOX 147 SAN CARLOS. CA 94070 ..Date —,7,0 Pay to the Order of 4 lars Bim"'"m . WORLD SAVINGS®=`..;: 301 Broadway Chico,California 95928 /,. Mr Memo f 12 1113 18661:0682 ll' 67325455311' .'�,:;:,..1:: �i4j jos:.• ::a,��?'. '�. � •:i^•,:::Serf .. OBJ DATE RECEIPT TOTAL PUBLIC' LAFCO ~ PLANNING V.•.PUBLIC"' ENV. FIRENOE/NOD OTHER APPLICANT RECEIVED FROM .f NO. RECEIVED WORKS SALES HEALTH F/G FEE ?9 i G- RECEIPT 18283 ul. OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING i ISSUED BY ^t;�:Ia s c.��'j; r�i � . G ��� C{ n,-, (4;� i I J � t • �� � ,: S E �� i � � �� J. �. r- r r ', �. ,� i i � �� .� �� �. i �� � I jj� I ,� v:, --`� z p z. rt1 )) o--ru r- 0, m n-4r > m In Iwo e Qjj m mZ ru FA . . yy. EP u-' i ru I r � � • ui Ln l > o ) w O N o . VI - ti V .. m t . . ' : I g�� L N • RECEIVED MAR 2 1 .2000 BUTTE COUNTY PLANNING DIVISION II ORDINANCE NO. 3593 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE,STATE OF CALIFORNIA, AN FR-20 (FOOTHILL RECREATIONAL) DISTRICT, PURSUANT TO SECTION 24-25.40. 1 The Board of Supervisors of the County of Butte, State of California,under 2 and pursuant to Section 24-25.40 of the Butte County Code of said County, ORDAINS, as 3 follows: 4 SECTION 1. The hereinafter described area situate in the County of Butte, 5 State of California, shall be and it is hereby zoned as an FR-20 (Foothill Recreational - 20 6 . 7 acre parcels)District, and such area shall be subject to the restrictions and restricted uses and 8 regulations pursuant to Butte County Code Section 24-110. 9 Said area so zoned being located in the unincorporated area of Butte County, 10 Chico area, more particularly described as follows: 11 Parcel l 12 The southeast quarter of the southeast quarter of Section 23, T23N,R1E,MDB&M. 13 Assessor Parcel Number: 047-230-042, containing 40-acres, more or less 14 15 Parcel 16 The southwest quarter of the southeast quarter of Section 23,T23N,R1E,MDB&M. 17 Assessor Parcel Number: 047-230-042, containing 40-acres, more or less 18 Parcel 3 19 Parcel 17 as shown on that certain map filed for record in Book 63 of Parcel Maps, 20 at Page 83 in the office of the Butte County Recorder. 21 Assessor Parcel Number: 047-280-065, containing 51.55-acres,more or less. 22 Parcel 4 23 Parcel 16 as shown on that certain map filed for record in Book 63 of Parcel Maps, 24 at Page 83 in the office of the Butte County Recorder. 25 Assessor Parcel Number: 047-280-064, containing 46.18-acres,more or less. 26 All ` (I 1 2 3 4 SECTION 2,Conditional Zoning. The zoning reclassification enacted by this 5 ordinance is subject to condition(s) imposed pursuant to Butte County Code Section 24- 5 25.40, subsections (c) and (d). The conditions are as specified in a Conditional Zoning 7 Agreement to be signed by the Owner(s)of the property and by the County. Said Agreement 8 shall be in substantially the form attached hereto as Exhibit A. The-des cnption of the 9 property which is the subject of this rezoning shall be the same in the Agreement as set forth 10 in Section I above. The Chairman of the Board of Supervisors is authorized and directed to 11 12 sign the Agreement on behalf of the County of Butte. 13 SECTION 3. This Ordinance shall be and it is hereby declared to be in full 14 force and effect from and after thirty (30) days after the date of its passage, and before the 15 expiration of fifteen(15) days after its passage,this i 16 Ordinance shall be published once with the names of the members of the Board of 17 Supervisors voting for and against it in the Chico Enterprise Record, a newspaper published 18 in the County of Butte, State of California. 19 20 PASSED.AND ADOPTED by the Board of Supervisors of the 21 County of Butte, State of California,on the 14th day of March,2000,by the following vote: 22 AYES: Supervisors Beeler, Houx, Josiassen, Davis, and Chair Dolan NOES: None 23 ABSENT: None 24 NOT VOTING: None 25 DOLAN, CHAIR 26 But e County Board of Supervisors i II 1 ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Board 2 ` 3 4 Deputy i 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EXHIBIT A Recording Requested By County of Butte And When Recorded Return to Clerk of the Board of Supervisors 25 County Center Drive Oroville, CA 95965 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this day of 12000,by and between Gerald Ernst and Dale W. Ritter, herein called"Owner", and the COUNTY OF BUTTE, a political subdivision of the State of California, herein called "County". WITNESSETH WHEREAS, Owner is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described as follows: i Parcel 1 The southeast quarter of the southeast quarter of Section 23,T23N, RIE,MDB&M. Assessor Parcel Number: 047-230-042, containing 40-acres, more or less Parcel 2 The southwest quarter of the southeast quarter of Section 23,T23N,R1E,MDB&M. Assessor Parcel Number: 047-230-042, containing 40-acres, more or less Parcel 3 Parcel 17 as shown on that certain map filed for record in Book 63 of Parcel Maps, at Page 83 in the office of the Butte County Recorder. Assessor Parcel Number: 047-280-065, containing 51.55-acres,more or less. Parcel 4 Parcel 16 as shown on that certain map filed for record in Book 63 of Parcel Maps, at Page 83 in the office of the Butte County Recorder. Assessor Parcel Number: 047-280-064, containing 46.18-acres,more or less. WHEREAS, the Property is now zoned FR-40 (Foothill Recreational - 40 acre parcels); and WHEREAS, Owner has applied for a reclassification of zoning of the Property from its present classification to FR-20 (Foothill Recreational - 20 acre parcels); and WHEREAS,public hearings have been held upon said application before the Board of Supervisors of the County of Butte,State of California,and after having considered the matter presented, the Board has determined that certain conditions to the zoning reclassification of said real property must be imposed so as not to create any problems inimical to the health, safety and the general welfare of the County of Butte. NOW, THEREFORE, IT IS- MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification to FR-20 is being granted and will be enacted by ordinance, the said reclassification shall be subject to the following condition(s): 1. Any project proposing to subdivide or develop the property subject to this rezone shall demonstrate one of the following requirements to the Butte County Environmental Health Department in order to demonstrate on-site sewage capability as part of the application for a tentative parcel map or tentative subdivision map: a. Meet usable area requirements for on-site sewage disposal systems promulgated in the County Subdivision Improvement Standards, Appendix VII. b. Any proposal for an alternative sewage disposal system due to the lack of usable area for conventional on-site sewage disposal shall require a maintenance and oversight entity with approval and permit issuance by the Regional Water Quality Control Board. Each proposal will be evaluated by the Butte County Environmental Health Department on a case by case basis. 2. In the event Owner, any successor in interest of Owner, or any person in possession of the Property, violates or fails to perform any of the conditions of this Agreement within thirty (30) days after notice thereof as provided in Paragraph 3,the Board of Supervisors of County may instruct the County Counsel to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of County may also initiate proceedings to rezone the property to the classification to which it is now zoned or any other suitable classification. 3. Notice of violation of any of the provisions of this Agreement shall be sent to Owner or successor at the address of the then current owner as identified on the current tax roll. 4. In the event suit is brought by the County Counsel of County to enforce any of the provisions of this Agreement, Owner agrees to pay to County a reasonable sum to be fixed by the Court as attorney's fees. 5. Each and every one of the provisions of this Agreement herein contained shall run with the land and shall bind and inure to the benefit of the successors in interest of Owner and County, in the same manner as if they had been expressly named herein. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. Dated: Gerald Ernst, Owner Dated: Dale W. Ritter, Owner COUNTY OF BUTTE, a political subdivision of the State of California Dated: By . Jane Dolan, Chair Butte County Board of Supervisors [Attach Notary form] (g:\contract\conditio.agr) . APPENDIX G NEGATIVE DECLARATION REGARDING ENVIRONMENTAL.IMPACT 1. NOTICE IS HEREBY GIVEN that the project described below has been reviewed pursuant to the provisions of the California Environmental Quality Act of 1970(Public Resources Code 21100,et. seq.) and a determination has been made that it will not have a significant effect upon the environment. Assessor's Parcel No. 047-280-064,065 and 047-230-042 2. NAME AND ADDRESS OF PROJECT APPLICANT: Gerald Ernst, 14472 Richardson Springs Rd.,Chico, CA 95973 3. DESCRIPTION OF PROJECT: Rezone 178+acres consisting of three parcels from FR-40(Foothill Recreational-40 acres)to FR-20(Foothill Recreational-20 acres). 4. LOCATION OF PROJECT: along Richardson Springs Road, %mile northeast of Indian Cliffs Drive,north Chico area. 5. MITIGATION MEASURES: See attached 6. A copy of the initial study regarding the environmental effect of this project is on file at 7 County Center Drive, Oroville. This study was: —X- Adopted as presented. Adopted with changes. Specific modifications and supporting reasons are attached. 7. A public hearing on this Negative Declaration was held by the decision making body. Hearing Body: Butte County Board of Supervisors Date of Determination: March 14,2000 Determination: On the basis of the initial study of environmental impact,the information presented at hearings, comments received on the proposal and our own knowledge and independent research: We find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. -X- We fmd that the project COULD have a significant effect on the environment,but will not in this case because of attached mitigation measures described in item 5 above,which are by this reference made conditions of project approval. A conditional NEGATIVE DECLARATION is hereby adopted. ftCoNba n f huervisors t UUU RECEIVED MAR 2 9 2000 BUTTE COUNTY PLANNING DIVISION Mitigation Measures: 1. Meet usable area requirements for on-site sewage disposal systems promulgated in the County Subdivision Improvement Standards, Appendix VII. 2. Any proposal for an alternative sewage disposal system due to the lack of usable area for conventional on-site sewage disposal shall require a maintenance and oversight entity with approval and permit issuance by the Regional Water Quality Control Board. Each proposal will be evaluated by the Butte County Environmental Health Department on a case by case basis. county .�� suite 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 15, 2000 Gerald Ernst 14472 Richardson Springs Rd. Chico, CA 95973 Re: Rezone, File REZ 99-04, APN047-280-064, 065 and 047-230-042 Dear Mr. Ernst: At the regular meeting of the Butte County Board of Supervisors held March 14, 2000, Ordinance No. 3593 was adopted which rezones from FR-40 to FR-20 that property located along Richardson Springs Road, '/2 mile northeast of Indian Cliffs Drive, north Chico area, including a Condition Zoning Agreement. A Notice of Determination (NOD) should be filed for purpose of completing the California environmental quality Act requirements. The fee for filing the NOD is a $25.00 document handling fee. A check made payable to the Butte County Treasure in the amount of $25.00 should be submitted to the Planning Division in order to complete the process. The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure Section 1094.6. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final, except that where a shorter time limit is provided by State or Federal law, such shorter time limit shall apply. Should you have any questions regarding this matter, please contact Daniel Breedon at the Planning Division between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /Ir cc: NorthStar Engineering 3- Heu ' °;. LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION ��fr �ay j�f:.:d.r•+1�r�:i _..,.rte �•:.;: *'' ,. DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 February 28, 2000 Gerald Ernst 14472 Richardson Springs Rd. Chico, CA 95973 Re: Rezone, AP 047-280-064, 065 and 047-230-042, REZ 99-04 Dear Mr. Ernst: The Clerk of the Board of Supervisors set public hearing for March 14, 2000, at 11:15 a.m. to consider your application for a Rezone 178+ acres consisting of three parcels from FR- 40 (Foothill Recreational-40 acres) to FR-20 (Foothill Recreational-20 acres)along Richardson Springs Road, 1/2 mile northeast of Indian Cliffs Drive, north Chico area. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Daniel Breedon at this Office between 8:00 a.m. and 4:00 p.m., Monday through Friday. 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'i{� :i:{v]%'•}:::4.}`.}y:{}.}:^nY:}w::{{4:4}:{:+i4:}:}:'?i:':T1:':.!`.}YT>:::}�{{:{:.}:k:{4::?++{+}v?:}.k%':iti$'<:t1 t}]iiX;?'is'•i:.i•,":%-i:{;ktii;i:i.x;:t�i i:::i}%>;i:, t-kil ...o.. .::•f•,}}?;t;:{{:'{7iiii •}:fi%}:•:i}':":iil%iikk<? .il:'t:?+::::::•:};r:,}. :.r,.•r} .tl.:4F:?•.:�:::::ri::!?rir•:ty:-:n::.G.fv:::::.�:::yj'{'i: ../.........,•r:,. :;:fir•: µU�� ....::i; :y:aw•-: •:a.x..r... •::f:r•: <':�::....-..-. �:}:.�:•.�:::::t. ::ii:�ii•::k::i%Frig lil•�`k%' ,4 ......:........:. ...-..-.... �. ,-::.tt-:.�::.t-.sr.�:n:::-:r:.v.t......}:-:r:�::::::::.:............4:::•:;:•}}}},.}::::�r:>}?:?�: r>.�::.....}i�{•:}: BUTTE COUNTY BOARD 1 SUPERVISORS Applicant: Gerald Ernst/1. . 1 Hearing 1 111 i n i Zone: 41 (Foothill Recreational, 1 ac.min. Supervisorial Request: Rezone to FR-20(Foothill Recreational,20 acre minimum)zone. District#3 Assessor Parcel No: 047-230-042&047-280-064,065 " 1' i - r '> . ...� _ �. el. � Y `.. r .. c�' _ � � � - ` .- 1 .. � . � .y � �. �. �.,* i �+ .. i „ i' q. _ s . . � � -• " � � � � � - � � -, �• � � � MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Larry Painter FROM: Lynn SUBJECT: REQUEST FOR EXHIBITS AND PUBLIC NOTICE LIST DATE: February 23, 2000 Project Name: _Gerald Ernst, Dale W. Ritter File #: _REZ 99-04 THIS IS A REQUEST FOR: Number _ of Meeting Date Copies Black & white reproducible exhibit map PC/Board/DRC 3/14/00 a 11:15 a.m. I Vicinity Map Planning Manager Exhibit Map Extension of Time Exhibit Map Color Planning Commission Exhibit Map Color Board of Supervisors Exhibit Map Public Notice List Special Exhibits Backread Ordinance Public Notice List: Special instructions: The above request is due no later than 2/25/00 Special Instructions and/or research: NOTE: Exhibits should be saved until project is through process, which includes appeal period. FILE SAVED AS: 02/18/00 11:54 NORTHSTAR ENGINEERING 4 530 538 7785 NO.762 001 �3 All that certain real property situate in the County of Butte, State of California, described as follows; PROJECT SITE "A": Being the South half of the Southeast Quarter of Section 23, Township 23 North, Range I East, M.D.M. Containing 80 acres, more or less. The above described parcel has been assigned Assessor's Parcel Number 47-23-042. PROJECT SITE "B": Being Parcel 16 and Parcel 17 as shown on that certain map filed for record in Book 63 of Parcel Maps, at Page 83 in the office of the Butte County Recorder. Containing 98 acres, more or less. The above described parcels have been assigned Assessor's Parcel Numbers 47-28- 064 and 065. RECFI'V FEB 1 % 2000 Tj '01 LANKP NG DIV 51 N Exhibit "A" Page 1 of I 0 Y Ai,*. r • Go`a't BUTTE COUNTY AIR QUALITY MANAGEMENT DISTRICT 2525 Dominic Drive,Suite 1 LAWRENCE D.ODLE 41Chico,California 95928 pl 0Air Pollution Control Direr' ��pe ,vSy Tel: (530)891-2882 W.JAMES WAGONER den t ��$ Fax:(530)891-2878 Asst.Air Pollution Control Officer January 10, 2000 Daniel Breedon, Butte County Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965 Re: Proposed Mitigated Negative Declaration for REZ-99-04 Dear Mr. Breedon: The District has reviewed the request for comments for a rezone on property located adjacent to Richardson Springs Road northeast of Cohasset Road in Chico. Based on the information submitted the District recommends incorporating measures to control fugitive dust emission from all road and other construction activities during project improvements. Measures may include site and driveway watering and/or use of other acceptable soil palliatives. Thank you for the opportunity to. comment on the proposed project. If you have any questions, please contact me at 891-2882. Sincerely, i Gail Williams Air Quality Planner RECEIVED JAN File No 3.451.1 . BUTTE COUNTY PLANNING DIVISION \%Mpcd\sys\apps\wpdocs\eir6=e9904maidoc i : M LAND OF NATURAL WEALTH AND BEAUTY �^M T ?'x PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 January 14, 2000 Gerald Ernst 14472 Richardson Springs Road Chico, CA 95973 Re: Rezone, File REZ 99-04, APN 047-230-042 Dear Mr. Ernst: At the regular meeting of the Butte County Planning Commission held January 13, 2000, your request for rezoning from FR-40 to FR-20 for property located along Richardson Springs Road, '/2 mile northeast of Indian Cliffs Drive, Chico, was recommended for approval. A report of this matter will be made to the Clerk of the Board of Supervisors at which time she will set the public hearing date. You will be notified of the date and time. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant cc: Clerk of the Board Oforms\rezone.frm ffutte county 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, 2000 Gerald Ernst 14472 Richardson Springs Rd. Chico, CA 95973 Re: Rezone, AP 047-280-064, 065 and 047-230-042, REZ 99-04 Dear Mr. Ernst: Enclosed is a copy of the Agenda Report concerning your application for a Rezone 178+ acres consisting of three parcels from FR-40 (Foothill Recreational-40 acres) to FR-20 (Foothill Recreational-20 acres) along Richardson Springs Road, V2 mile northeast of Indian Cliffs Drive, north Chico area. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for January 13, 2000, at 9:30 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Daniel Breedon of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning Administrative Support Service Assistant Enc. cc: Northstar Engineering j A%vpdocs\pcIts\schedule.mrg BUTTE COUNTY CLERK OF THE BOARD USE ONLY BOARD OF SUPERVISUAS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: AGENDA-TITLE:, Gerald Ernst/Dale W. Ritter — Rezone to FR720 (REZ 99-04 File 4I) DEPARTMENT: DDS, Planning Div. DATE: 2/23/00 MEETING DATE REQUESTED: 3/14100 CONTACT: Dan Breedon PHONE: 7601 REGULAR X CONSENT DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: SEE ATTACHED AGENDA ITEM SUBMITTAL REQUIRES THE ORIGINAL AND NINE (9) COPIES ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No CAO OFFICE USE ONLY If yes,complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No Administrative Office Review H 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 SM,A INSTRUCTIONS TO CLEF Number of originals required to be returned to Department **Please Note"" Department is responsible for returning contract to contractor.' Clerk of the Board returns completed Auditor's copy ONLY. Requested Board Action: Ordinance Required Resolution Required Minute Order Required For Information Only BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Fundina Source Source of Additional Funds Requested Estimated Cost $ Contingencies $ (Fund Name: ) (Fund Number___________) Amount Budgeted $ Unanticipated Revenue $ (Budget unit Number: ) (Source: ) (Fund Name: ) (Rev.Code: ) (Fund Number: ) Other Transfer(s) $ 1. Complete worksheet below 2. Deadline is one business dayrp for to-normal agenda deadline Additional Requested $ Total Source of Funds $ Annualized cost$ if also planned for next year. Budget Transfer Authorized By Administrative Office Board Action Required for B-Transfer? Yes No. Authorized Signature Date BUDGET TRANSFER REQUEST WORKSHEET Transfer Request: AMOUNT LINE ITEM LINE ITEM Transfer$ (No Cents)From To Transfer$ (No Cents)From To Transfer$ (No Cents)From To Transfer.$ (No Cents)From To SUMMARY: Gerald Ernst/Dale W. Ritter,proposed Negative Declaration with mitigation measures regarding environmental impacts and Rezone involving two parcels of 40 acres each, one parcel of 46.18 acres and one parcel of 51.55 acres, for a total of 177.73 acres; from a FR- 40 (Foothill Recreational -.40 acre parcels) zone to a FR-20 (Foothill Recreational - 20 acre parcels) zone. The parcel is located adjacent to Richardson Springs Road, approximately three-quarters of a mile northeast of Cohasset Road, north east of the City of Chico..APN 047-2380-064, 047-280- 065, 047-230-042. (DB) (REZ 99-04) ACTIONS FOR CONSIDERATION The Planning Commission recommends that the Board of Supervisors take the following actions: I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. The design of the project and mitigations added to the project as shown in the attached Zoning Ordinance, Exhibit "A", will mitigate such effects to a level of insignificance. B. The Board of Supervisors independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that a Negative Declaration, with in measures, adequately represents impacts associated with this project and reflects the independent judgement of Butte County. II. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a"de minimus" exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not recommended. III. Adopt an Ordinance approving Rezone 99-04 subject to the Conditional Zoning Agreement attached to the Zoning Ordinance as Exhibit"A", with the following findings: 1. The project is consistent with the Agricultural Residential General Plan designation as supported by the following: a. A Conditional Zoning Agreement shall be recorded specifying that on-site sewage disposal information be provided to the satisfaction of the Environmental Health Department, prior to any land division or development of the property. b. The property is served with access by Richardson Springs Road, a minor County road. Richardson Springs Road intersects Cohasset Road, a County arterial road approximately three*quarters of a mile to the ■ BUTTE COUNTY BOARD OF SUPERVISORS ■ AGENDA REPORT ■ MARCH 14,2000 ■PAGE 1 ■ southwest. These roads provide a level of service which allow for unrestricted traffic flow. C. Future development shall be required to comply with Public Resources Code 4290 regarding the provision of water availability in amounts adequate for fire protection, internal sprinklers for the protection of structures and other fire.safety standards. d. The proposed 20-acre parcel size is consistent with the Agricultural Residential General Plan Designation. ■ BUTTE COUNTY BOARD OF SUPERVISORS ■ AGENDA REPORT ■ MARCH 14,2000 ■ PAGE 2 ■ • • BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT -March 14, 2000 Applicants: Gerald Ernst,Dale W. Ritter northeast of Cohasset Road, northeast of the City of File #: Rez 99-04 Chico. Request: Rezone from FR-40 (Foothill Parcel Size: Two parcels at 40-acres Recreational, 40 acre-parcels) One parcel at 46.18-acres to FR-20 (Foothill One parcel at 51.55-acres Recreational 20-acre parcels). Total Acreage: 177.73 G.P.: Agricultural Residential Zone date: 4-28-87 Zoning: FR-40 (Foothill Recreational, 40-acre parcels) Supervisor District: 3 APN: 047-280-064, 047-280-065, Attachments: 047-230-042 Project A. Zoning Ordinance/Conditional Planner: Daniel C. Breedon, Zoning Agreement Senior Planner B. General Plan and Zoning Map C. January 13, 2000 Planning Location: This project is located Commission Agenda Report/minutes adjacent to Richardson D. Initial Study Springs Road, approximately E. Exhibit Map three-quarters of a mile STAFF COMMENT: The Planning Commission recommends approval of this project to the Board of Supervisors, subject to a condition requiring that on-site sewage disposal information be provided to the satisfaction of the Environmental Health Department, prior to any land division or development of the property. A Conditional Zoning Agreement is recommended for this purpose. PROJECT DESCRIPTION: This is a proposal to rezone two parcels of 40-acres each, one parcel of 46.18-acres and one parcel of 51.55-acres, for a total of 177.73-acres, from FR-40 (Foothill Recreational, 40-acre parcels) to FR-20 (Foothill Recreational, 20-acre parcels). This rezone would potentially allow for the creation of four additional, 20-acre parcels, allowing for 8 total parcels, if the 4 existing parcels are reduced in size to approximately 20-acres each. Subdivision of the property is contingent upon submittal and approval of a Parcel.Map. ■ BUTTE COUNTY BOARD OF SUPERVISORS ■ AGENDA REPORT ■ MARCH 14,2000 ■ PAGE 1 ■ r ANALYSIS: The Butte County Environmental Health Department indicates that soil investigations regarding the ability of this property to support on-site sewage disposal systems were not finished and should be considered inconclusive. The Health Department recommends that the Rezone be conditioned to require on-site sewage disposal systems to meet usable area requirements promulgated in the County Subdivision Improvement Standards, Appendix VII. A Conditional Zoning Agreement is permitted when the Board of Supervisors find that conditions must be imposed so as to not create problems detrimental to the public health, safety and welfare. Approval of the rezone without information regarding on-site sewage disposal may present a detriment to public health. The Conditional Zoning Agreement is also recommended as a mitigation measure due to potential significant environmental impacts discussed in the Geology and Soils Section of the Initial Study. The Planning Commission recommends that a Conditional Zoning Agreement be executed pursuant to Butte County Code Section 24-25.40 (c). This agreement is made between the property owner and County of Butte, and indicates the following: 1. Any project proposing to subdivide or develop the property subject to this rezone shall demonstrate one of the following requirements to the Butte County Environmental Health Department in order to demonstrate on-site sewage capability as part of the application for a tentative parcel map or tentative subdivision map: A. Meet usable area requirements for on-site sewage disposal systems promulgated in the County Subdivision Improvement Standards, Appendix VII. B. Any proposal for an alternative sewage disposal system due to the lack of usable area for conventional on-site sewage disposal shall require a maintenance and oversight entity with approval and permit issuance by the Regional Water Quality Control Board. Each proposal will be evaluated by the Butte County Environmental Health Department on a case by case basis. I RECOMMENDATION: I ACTIONS FOR CONSIDERATION The Planning Commission recommends that the Board of Supervisors take the following actions: 1. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project .may have. The design of the project and mitigations added to the project as shown in the attached Zoning Ordinance, Exhibit "A", will mitigate such effects to a level of insignificance. ■ BUTTE COUNTY BOARD OF SUPERVISORS ■AGENDA REPORT ■ MARCH 14, 2000 ■ PAGE 2 ■ B. The Board of Supervisors independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that a Negative Declaration, with mitigation measures, adequately represents impacts associated with this project and reflects the independent judgement of Butte County. II. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a"de minimus"exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not recommended. III. Approve Rezone 99-04 subject to the Conditional Zoning Agreement attached to the Zoning Ordinance as Exhibit "A", with the following findings: 1. The project is consistent with the Agricultural Residential General Plan designation as supported by the following: a. A Conditional Zoning Agreement shall be recorded specifying that on-site sewage disposal information be provided to the satisfaction of the Environmental Health Department,prior to any land division or development of the property. b. The property is served with access by Richardson Springs Road, a minor County road. Richardson Springs Road intersects Cohasset Road, a County arterial road approximately three-quarters of a mile to the southwest. These roads providee-a level of service which allow for unrestricted traffic flow. C. Future development shall be required to comply with Public Resources Code 4290 regarding the provision of water availability in amounts adequate for fire protection, internal sprinklers for the protection of structures and other fire safety standards. d. The proposed 20-acre parcel size is consistent with the Agricultural Residential General Plan Designation. ■ BUTTE COUNTY BOARD OF SUPERVISORS ■ AGENDA REPORT■ MARCH 14,2000 ■ PAGE 3 ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT -January 13, 2000 Applicants: Gerald Ernst, Dale W. Ritter three-quarters of a mile northeast of Cohasset Road, File#: Rez 99-04 northeast of the City of Chico. Request: Rezone from FR-40 (Foothill Recreational, 40 acre-parcels) Parcel Size: Two parcels at 40-acres to FR-20 (Foothill One parcel at 46.18-acres Recreational 20-acre parcels). One parcel at 51.55-acres G.P.: Agricultural Residential Total Acreage: 177.73 Zoning: FR-40 (Foothill Recreational, Zone date: 4-28-87 40-acre parcels) Supervisor District: 3 APN: 047-280-064, 047-280-065, 047-230-042 Attachments: Project A. Conditional Zoning Planner: Daniel C. Breedon, B. General Plan and Zoning Map Senior Planner C. Vicinity Map D. Initial Study Location: This project is located E. Exhibit Map adjacent to Richardson Springs Road, approximately STAFF COMMENT: Staff recommends the Planning Commission recommend approval of this project to the Board of Supervisors subject to a condition requiring the execution of a conditional zoning agreement to provide for on-site sewage disposal. PROJECT DESCRIPTION: This is a proposal to rezone two parcels of 40-acres each, one parcel of 46.18-acres and one parcel of 51.55-acres, for a total of 177.73-acres, from FR-40 (Foothill Recreational, 40-acre parcels) to FR-20 (Foothill Recreational, 20-acre parcels). This would potentially allow for eight total parcels, through a parcel map, or four more than what currently exists. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ JANUARY 13,2000 ■ PAGE 1 ■ 0 • This property consists of two undeveloped parcels and two parcels developed with single family residences. The property drains into Mud Creek in a southwesterly direction, at a 5 to 15 percent slope. Some portions of the property along the banks of Mud Creek have steeper slopes. The habitat is a mix of Foothill Woodland, Chaparral, Valley Grassland, and Riparian types. The property is classified as non-critical winter range for the East Tehama Deer Herd. The soil is classified as Scabland by the Soil Conservation service. The property obtains access by Richardson Springs Road a County road. ANALYSIS: General Plan Consistency The proposed FR-20 zone is consistent with the General Plan's Agricultural Residential designation. However, the General Plan also contains policies regarding the provision of adequate sewage service. Land Use Element Policy 3.2b states that the County must correlate residential densities to the availability of sewage disposal. The four additional parcels which would be allowed under this rezone Must be provided with on-site sewage disposal since sewer service is not available in this area. ew ge Disposal The Butte County Environmental Health Department indicates that soil investigations regarding the ability of this property to support on-site sewage disposal systems were not finished and should be considered inconclusive. The Health Department recommends that the Rezone be conditioned to require on-site sewage disposal systems to meet usable area requirements promulgated in the County Subdivision Improvement Standards, Appendix VII. Planning staff recommends that a Conditional Zoning Agreement be executed and recorded with the Butte County Recorder between the property owner and County of Butte, specifying the Environmental Health Department's requirements for sewage disposal. The agreement would preclude the processing of a subdivision map until the requirements for sewage disposal have been provided to the Health Department's satisfaction. Surrounding Uses and Compatibility This rezone does not propose to change the Foothill Recreational zoning land use designation. No change in land use, aside from a decrease in parcel size, will occur as a result of the rezone. The surrounding General Plan designations are primarily Agricultural Residential, although some Grazing and Open Land lies to the east. Surrounding zoning is primarily FR-40, with some Unclassified land to the east. The surrounding parcel sizes are largely 40-acre parcels located along Richardson Springs Road and Indian Cliffs Drive, several of which are developed with single family residences. The proposed reduction in allowed parcel sizes from 40 to 20-acre parcels would allow parcels smaller than the predominant parcel size in the area. However, this decrease should not present a compatibility problem due to consistency of the project with the General Plan and the minimal amount of development posed by 20-acre parcels. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ JANUARY 13,2000 ■ PAGE 2 ■ RECOMMENDATION: ACTIONS FOR CONSIDERATION Staff recommends that the Planning Commission take the following actions: I. Recommend the Board of Supervisors adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. The design of the project and mitigations added to the project as shown in Exhibit "A" Condition#1, will mitigate such effects to a level of insignificance. B. The Board of Supervisors independently reviewed, analyzed and considered the proposedNegative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that a Negative Declaration, with mitigation measures, adequately represents impacts associated with this project and reflects the independent judgement of Butte County. II. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a"de minimus"exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not recommended. III. Approve Rezone 99-04 subject to Condition #1 listed in Exhibit "A" with the following findings: 1. The project is consistent with the Agricultural Residential General Plan designation as supported by the following: a. Condition #1 requires that a conditional zoning agreement be recorded specifying that on-site sewage disposal information be provided to the satisfaction of the Environmental Health Department, prior to any land division-or development of the property. b. The property is served with access by Richardson Springs Road, a minor county road. Richardson Springs Road intersects Cohasset Road, a County arterial road approximately three-quarters of a mile to the southwest. These roads provide a level of service which allow for unrestricted traffic flow. C. Future development shall be required to comply with Public Resources Code 4290 regarding the provision of water availability in amounts adequate for fire protection, internal sprinklers for the protection of structures and other fire safety standards. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ JANUARY 13,2000 ■ PAGE 3 ■ • • d. The proposed 20-acre parcel size is indicated as being consistent with the Agricultural Residential General Plan Designation. ■ BUTTE COUNTY PLANNING COMMISSION ■AGENDA REPORT ■ JANUARY 13,2000 ■ PAGE 4 ■ EXHIBIT A Condition 1 (Mitigation Measure 11: A Conditional Zoning Agreement shall be executed and recorded with the Butte County Recorder between the ner and County of Butte indicating the following condition: A. Any project proposing to subdivide or develop the property subject to this rezone shall demonstrate one of the following requirements to the Butte.County Environmental Health Department in order to demonstrate on-site sewage capability as part of the application for a tentative parcel map or tentative subdivision map: 1. Meet usable area requirements for on-site sewage disposal systems promulgated in the County Subdivision Improvement Standards, Appendix VII. 2. Any proposal for an alternative sewage disposal system due to the lack of usable area for conventional on-site sewage disposal shall require a maintenance and oversight entity with approval and permit issuance by thee Regional Water Quality Control Board. Each proposal will be evaluated by the Butte County Environmental Health Department on a case by case basis. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ JANUARY 13,2000 ■ PAGE 5 ■ R Vicinity Map et i Project Location a Nord 83W cP I REZ 99-04 APN 047-230-042& 047-280-064, 065 A-160 ,,. A-4 — Project Location FR-20 • •, 0 5 ;: ,: FR-20 5 " u 4 ............ A-160 • .d?fi4.s.n U J 1 4i A-4-0 a ., . -_---------- ,,tyc^ "of —3 =Cn' .� BUTTE COUNTY PLANNING COMIVIISSION Applicant: Gerald Ernst Owner: Same Hearing Date: January 13,2000 @ 9:30 am. Existing Zone: FR-40(Foothill Recreational,40 ac.min.) N Supervisorial Request: Rezone to FR-20(Foothill Recreational,20 acre minimum)zone. District#3 Assessor Parcel No: 047-230-042&047-280-064,065 bile:99-04 1 � A-160-160 k OL i _ d-.?� y F ��r e r R wK r. Fraftct Lace ' I -10 w ` r eN A-160 $.,o--$ - +'h. - 1 1 , IR � � ta.k wo bL.k 8n,b 8na n - a -n a� `¢ ��•'�3Y.� "�? � - - - - n __-----�'- - - --77, /y/; ✓�"els! _3 { / q jet f � � � •v � �GQ w� 4 �a �:, an ., m. ._� '�✓ f df i�� ur, d 0 .. a 4 �t m {m d a,kk '. b m.L ii^A N i � � ,f � s+ w.��a %�^°�•'t°r'k'� 3�+�',a+n4'sc+w..go-,�.,�,.,� v�o �.,�, �ti 6.a.a D �' i BUTTE CCU= PLANNING C® 1�SSR®N Applicant: Gerald Ernst Owner: Same Dearing Date: January 13,2000 @ 9:30 a.m. Eusting Zone: FR-40(Foothill Recreational,40 ac.min.) N Supervisorial Request: Rezone to FR-20(Foothill Recreational,20 acre minimum)zone. District#3 Assessor Parcel No: 047-230-042&047-280-064,065 File:99-04 y ,4 A v J Project:Emst/Ritter,Rezone 99-04 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Mab. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map., Nitrate Concentration in.Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Soil Map, Chico (1925)/Oroville (1926) Area. United States'Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville(1926) Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Man. Butte County Fire Department and California Department of Forestry, 1989. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 32 ' = _ uttecounty 41-1 ' LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION .Y".r A 1 ��YY•:.. DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 www.buttecounty.net Date: December 17, 1999 To: Responsible and Trustee Agencies Subject: NOTICE OF INTENT - To Adopt a Proposed Mitigated Negative Declaration for Ernst/Ritter Rezone (Rez 99-04) The Butte County Planning Division has completed an Initial Study, in accordance with the California Environmental Quality Act (CEQA), of potential environmental consequences anticipated in connection with the above-mentioned project, a copy of which is enclosed. This letter serves as a Notice of Intent to adopt a Negative Declaration to allow responsible and trustee agencies a 20-day review period in accordance with Sections 15072 and 15105 of the CEQA Guidelines. Please review the enclosed Initial Study and proposed Mitigated Negative Declaration. This review should focus on your agency's area of expertise and jurisdiction. Any comments must be sent to the above address prior to January 11, 1999. 'A Public Hearing has been.scheduled for January 13, 1999 before'the Butte County Planning Commission. If you have any questions regarding the enclosed environmental document, please contact this office between the hours of 8:00 a.m. and 4:00 p:m. Daniel C.,Breedon Senior Planner CC' Gerald Ernst Rick Rodriguez, NorthStar Engineering Butte County Public Works Department, Land Development Division Butte County Environmental Health Department California Department of Fish and Game California Department of Forestry Agriculture Commission Air Quality Management District A-5 . 2592 / FR-20 5 \ 'I FR-40 PROJECT SITE"A" 2531'.` FR-10 'I AP 47-23-042 80 ACRES 1 I s IM00000, II U 3 � I ' 25; \\ II A-160 6 2184 I; FR-20 PROJECT SITE"B" AP 47-28-064&065 98 ACRES pPp �P P FR-40 PLAT TO ACCOMPANY REZONE APPLICATION For ERNST/RITTER SR-3 Rezone from FR-40 to FR-20 Exhibt "B" Page 1 of 1 LPA• A-160 SR-3. . _ 2-426 2 25 34 35 35 36 A-40 (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In the Matter of Notice of Public He ..................... No................................................................. .................................................................................... BUTTE COUNW, PLANNING COMMISSION F NOTICE OF .................................................................................... PUBLIC HFA Notice is hereby given b&�e Butte County-,Planning,,',,, AFFIDAVIT OF PUBLICATION -mission that a' publid'.1heirling! an, Thursday, Jd6'-­`,k13 2000, in the Butteli, Board of Supervisors;'.. unty .. State of California Administration County Center..DnOrovill6; ss. Califomia,regarding e follow County of Butte in tem: , , . I W , EM ON WHICH A NECIL". TIVE- The undersigned resident of the county of DECLARATION WITH TION % Butte,State of California,says: REGAMITIGARDING ENVIFIONMEN- MEASURES-'j TAL IMPACTS HAS BEEN RECQMMENDED That I am,and at all time herein mentioned 9:30 a.m.- Gerald) Ernst/Dale W.Ritter,'propi6s6ci was a citizen of the United States and not a party Rezone involving two pa=ls' of 40 acres each,one"f,6tl to nor interested in the above entitled matter; 46.18 acres and one,paircel-V that I am the principal clerk of the printer and 51.55 acres, for 177.73 acres, from-iT,,FR-40.1 (Foothill Recrceationall-40facre 1 publisher of parcels)zone to a FR-20(Foot- hill Recreational- 20 acre'.p.ak- cels)zone.The parcel Is'locat- The Chico Enterprise-Record ad adjacent to Richirdsdh Springs Road, approximately Oroville Mercury Register. three-quarters of a mile"66irth- east of Cohasset FloaC.-north-, That said newspaper is one of general circula- east of the City-of Chlciii)(APN`• , tion as defined b047-2380-064, ..047-280;.065- y Section 6000 Covernment 047-230-042.(1013)(REZ'96-04J, Code of the State of California,Case No.26796 The above mentione&a.*�Il _p cation, Initial Study;'and" by the Superior Court of the State of California, are on file and ayailibl,`map public viewing at the'offibe'bf in and for the County of Butte; that said newspa- the Butte County Development per at all times herein mentioned was printed Services Department,PlannlhgDivision, 7 'County .-Center c Drive, Oroville, Cafiomia.sFoir and published daily in the City of Chico and information call:(530)538�,7601 County of Butte; that the notice of which the (Monclay�Trou IFriday,­-8:00 a.m. to . 0 p.m. Commedti annexed is a true printed copy,was published in may be submitted in.wrffin9-*' any time prior to the hp#fIng or said newspaper on the following days: orally at the meeting-,JIIstbd above or as may be continued to.a later date.Upon actldn�tak- en by the Planning Commission Dec. 23, 1999. of the project an appeafmay be' filed with the Clerk of the 43owd of Supervisors.The appeal pe- riod is 10 days.If you challenge the above applications in court, I certify(or declare), under penalty of you may be'limited to'raisin only those issues you or.some-1 perjury, that the foregoing is true and correct,at one else raised at the�public-. described in this riot"' Chico,California. or in written-cones riclan" 00 delivered to the Planning Coni i mission,at or prior to, 6 pub-I lic b­ lic hearing.0 BUTTE LINTY PLANNING'. Dated ..... .................................... COMMISSION THOMAS A.PARILO at Chico,California. DIRECTOR DEVELOPMENT SERVICES C229276 Publish:12/23/1999 ........................ BUTTE COUNTY PLANNING OMMI ION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing on, Thursday, January 13, 2000, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California,regarding the following item: ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN F. OMM ND .D 9:30 a.m. - Gerald Ernst/Dale W. Ritter,proposed Rezone involving two parcels of 40 acres each, one parcel of 46.18 acres and one parcel of 51.55 acres, for a total of 177.73 acres, from a FR- 40 (Foothill Recreational - 40 acre parcels) zone to a FR-20 (Foothill Recreational - 20 acre parcels) zone. The parcel is located adjacent to Richardson Springs Road, approximately three-quarters of a mile northeast of Cohasset Road,north east of the City of Chico. APN 047-2380-064, 047-280-065, 047-230-042. (DB) (REZ 99-04) The above mentioned application,Initial Study, and map are on file and available for public viewing at the office of the Butte County Development Services Department,Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. Upon action taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Thursday, December 23, 1999. EDate 12/24/99 Development Services Depiment Time 8 :43 am Applicant Billing Worksheet Page 1 REZ 99-04 Gerald Ernst 14472 Richardson Springs Road Chico, CA 95973 In reference to REZ 99-04 - Rounding None Full Precision No Last bill Last charge 12/10/99 Last payment / / Amount $0 . 00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 01/25/99 Teri B. / C 1 . 00 34 . 00 #21320 Clerical 34 . 00 02/08/99 Randy W. / P 0 . 25 14 . 75 #21721 Processing 59 . 00 02/22/99 Steve L. / LR 0 . 25 14 . 75 #21896 LAFCo Review 59 . 00 02/22/99 Teri B. / C 1 . 00 34 . 00 #21940 Clerical 34 . 00 02/22/99 Larry P. / P 1 . 25 73 . 75 #22057 Processing 59 . 00 03/08/99 Dan B . / P 1 . 00 59 . 00 #22206 Processing 59 . 00 03/08/99 Randy W. / P 0 . 25 14 . 75 #22279 Processing 59 . 00 03/22/99 Dan B. / P 0 . 50 29 . 50 #22473 Processing 59 . 00 05/03/99 Dan B. / P 0 . 25 14 . 75 #23133 Processing 59 . 00 07/26/99 Dan B. / P 0 . 50 29 . 50 #24683 Processing 59 . 00 10/18/99 Dan B. / P 1 . 00 59 . 00 #26359 Processing 59 . 00 11/29/99 Dan. B. / P 8 . 00 472 . 00 #27092 Processing 59 . 00 0 Date 12/24/99 Development Services Department Time 8 :43 am Applicant Billing Worksheet' Page 2 REZ 99-04 :Gerald Ernst (continued) TOTAL BILLABLE TIME CHARGES 15 . 25 $849 . 75 TOTAL BILLABLE COSTS $0 . 00 TOTAL NEW CHARGES $849 . 75 PAYMENTS/REFUNDS/CREDITS 02/04/99 Deposit Receipt #16962 (1 , 214 . 50) TOTAL PAYMENTS/REFUNDS/CREDITS ($1, 214 . 50) NEW BALANCE New Current period (364 . 75) TOTAL NEW BALANCE ($364 . 75) E z t "K + A l 1 iN 4 COHassET__�hl6HWAY ! r m ( 70� %• �� ��y N CeOi-'41'w to 8. rp EU ;H9 W Z 4.47 14 nQJR'�� IIII x 'i. Ll LA rn O �� L Z � � �� � .. 1. ,'11' r � ` t y' � �Rf,, t� N$�'.�: � 4•P 1 yt .t .�,��',] 00061 IN t xxacu�+cxw � -pr� " „ a F < ti v 3 told £z T � x a '�5 � `� n P ' gym ."� m- �1 z �' Q11 @= i » n g 'D l► C s jt "'� �Q � � � �� � � lire � � r2 n � ���g� �� � � a � '� � �, ;i t• ', < N t , m U _ (k) rl rppp, zo 4no ` LZ! j 1rlPmla 72- 0 lag r. J i .i. ,... ,. .ti tic. ,. �... �'=T-;r,.-'�^`-,�:st.�c.,�,. �',.,.-. -:C�.,.�: P..p>�'*.+r.lt'c'�e,.-n-'i"fi:i 1'Y+r�Sr•:_.f*.�', r,+.._,.<6:fi.-�bRwr�' ..:-:. .. .. ... ... ;..�:, - ..:-- -' S {�I _ , 7 r . 1� Will I Egli MEr: . _ME 1-5 MEN ,l SLOPE- Percent rise !'m I ® r• �R i ■ 6-10 16-2021-25 ., '._. ■ r 31-35 36-40 41-45 46-50 51-55 56-60 61-70 _ - _ , •■: ■� f . ', r 7 i t r • i � ` �� � � � 1 .� � t � � T r r C r yr BUTTE COUNT lue � AIRQ UALITY MANAGEMENT DISTRICT �K 2525 Dominic Drive,Suite 1 LAWRENCE D.ODLE lu Q1A 0 Chico,California 95928 Air Pollution Control Ofcer Tel: (530)891-2882 W.JAMES WAGONER Alen t J)i- Fax:(530)891-2878 Asst.Air Pollution Control Officer February 26, 1999 Daniel Breedon, Butte County Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965 Re: REZ 99-04 Dear Mr. Breedon: The District has reviewed the request for comments for the rezone for property located along Richardson Springs Road in north Chico. Our review suggest the ingress and egress will be on unpaved roads. It has been the District's experience that the potential vehicle travel for this type of use may precipitate dust complaints from nearby residents. Based on the information submitted, then, the District recommends incorporating control measures which will reduce the dust emissions from the unpaved roads such as paving and surface treating with penetration chemicals should also be considered. Further, the District recommends incorporating the applicable Standard Mitigation Measures (reference District Indirect Source Review Guidelines). Thank you for the opportunity to comment on the proposed project. If you have any questions, please contact me at 891-2882. Sincerely, ` c Gail Williams Air Quality Planner Planning Division MAR 0 3 1999 File No 3451.1 Orville,California , INTER-DEPARTMENTAL MEMORANDUM TO: Dan Breedon, Butte County Planning Division FROM: Michael Huerta�tte County Environmental Health, Chico Office SUBJECT: Rezone for Ritter&Ernst DATE: August 18, 1999 This memo confirms our conversation on August 13, 199.9 regarding the subject project. If you recall, you requested my input concerning a letter sent to your office from the applicants engineer (Mark Adams) dated 7/8/99. Mr. Adams speaks of his wish to see the.County proceed with the Ernst rezone application. He states that enough soil work has been completed on the property and that he feels a successful can be processed. He does temper his optimism with the acknowledgment that there is yet some risk involved and he and his applicant are willing to accept that risk in order to proceed and "test. the water" in other county department arenas. I believe the key point is Mr. Adams' statement that the annlicants are aware of the risk involved by proceeding without knowing all the answers to the "soils" questions. This was clearly stated in paragraph 2, pg. 1. and paragraph 2, pg. 3. What is unsaid in Mr. Adams' dialogue is that land development is by its very nature speculative, and will always have that edge of uncertainty to it. That uncertainty is particularly true with Environmental Health requirements. I would like tomake it clear, however, that even if I concur with Mr. Adams' inference regarding the speculative nature of land development, I don't necessarily agree with his evaluation of the Ernst property or his assumptions on usable area on those lots (pg.2 paragraph 5). Mr. Ernst and Mr. Ritter will still have to prove usable area and installation standards on future projects irrespective of Mr. Adams belief in his and his firms abilities. MH/dd/land/ritterrezone Planning Division Aub 1' 91999 Orovillo,Calffomia MAR-15-99 MON 12 :08 Env Health-Chico 5308956512 P. 03 INTER-DEPARTMLNTAL MEMORANDUM BUTTE COUNTY TO: Dan Breedon, Planning Department IM FROM: Mike Huerta, Environmental Health Department, Chico SUBJECT: Gerald Ernst, REZ99-04, APN 047-230-042 DATE:. March 15, 1999 COMMENTS This is a rezone to allow parcels of twenty acres . The parent I parcel of site A (APN 047-230-042) according to. Land Development was created by grant deed in 1976 . This division of course, was done without review of this Department for compliance with Subdivision Ordinance. Site B (APN 047-280-064 & 065) , consists i of parcels created in accordance with 1974 standards for sewage disposal (parcel map 1977) . ! Our files indicate that subsequent soil investigations for site A proposed land divisions have failed to produce enough usable area to meet requirements of Appendix VII . A recent investigation on this property to find enough usable area to meet installation standards were not finished and should be considered inconclusive. Our files do not reveal any additional soil work i o i done on the parcels of site B. Consideration of existing i i 0 MAR-15799 , MON 12 :08 Env Health-Chico 5308956512 P. 04 leachfield areas (sited on the 1977 map) for additional subdivision will require compliance with current Improvement j Standards (1987) . i This department does not usually offer conditions for rezones but the applicant should be appraised of the following: 1. Land divisions, subsequent to this rezone that propose standard sewage disposal systems must meet usable area requirements promulgated in the County Subdivision Ymprovement Standards (Appendix VTI) . 2 . Proposals to mitigate lack of usable area will require a maintenance and oversight entity with approval and permit issuance by the Regional Water Quality Control Board. . Each proposal will be assessed on a case by case basis. MM/dd/land/ernst r ✓ / BUTTE COUNTY Planning U I 0 DEPARTMENT OF DEVELOPMENT SERVICES FEB 12 1999 PLANNING DIVISION TO: Public Works ®rOill119,Cautomla FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Gerald Ernst,REZ 99-04 DATE: February 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 178+acres consisting of three parcels from FR-40(Foothill Recreational-40 acres)to FR-20(Foothill Recreational-20 acres)on property zoned FR-40(Foothill Recreational-40 acres)located along Richardson Springs Road, '/2 mile northeast of Indian Cliffs Drive,north Chico area,identified as APN 047- 280-064,065 and 047-230-042. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON June 10, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN February 22,1999. 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): �. 8-0 A,02,7red c /t i- t-4 /l d• ru.F� /T/T/� By: _ Date: �J y RECEIVE® 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 FEB 0 5 1499 COUNTY OF BUTTE LAND DEVELOPMENT DIV. planning Division BUTTE COUNTY FEB 2 4 1999 DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION ®r®volle,CgJftnia TO: LAFCo FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Gerald Ernst,REZ 99-04 DATE: February 22, 1999 CONTACT PERSON: Daniel Breedon The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;'and to 2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed,please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone 178+acres consisting of three parcels from FR-40(Foothill Recreational-40 acres)to FR-20(Foothill Recreational-20 acres)on property zoned FR-40(Foothill Recreational-40 acres)located along Richardson Smogs Road, '/z mile northeast of Indian Cliffs Drive,north Chico area,identified as APN 047- - 047-230-042. Supervisorial District No.1. a THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON June 10, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN March 8, 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): P42C,ftS LOC!ftp /N: t z Co l S* o 2. Ch�'co i4ira �Qeer.Rl;.. &4 ftyr'rwtd at A�ur� n a pre enr;ve " 3. Chr'ce G/h,�ed S• /�, calra,'naa� nroarari. Col/e f e By: V, �! `��r Date: z z 7 19 fog 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 2 4 TO: City of Chico C1 FROM: Butte County Planning Division PLANNING DI ell/c VS ON RE: Request for Comments on a Development Application: Gerald Ernst,REZ 99-04 DATE: February 22,1999 CONTACT PERSON: Daniel Breedon The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any;and to 2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed,please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone 178+acres consisting of three parcels from FR-40(Foothill Recreational-40 acres) o FR-20(Foothill Recreational-20 acres)on property zoned FR-40(Foothill Recreational-40 acres)located along Richardson Springs Road, '/z mile northeast of Indian Cliffs Drive,north Chico area,identified as APN 047- 280-064,065 and 047-230-042. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON June 10, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN March g,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): lhe. m"P/V Cy tom. - ewt 1054D C0 vn✓►; P_dN vision MAI? n 01999 ®rov)))e,Ct�l)fiornia By: �Pa)m e.,�" Date: V 9 9 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 r f fI V Its.t •��^U ` y�T.y� `� 6 tt,�►'rc t{�yTi➢L, Planning Division BUTTE COUNTY n�p. �" .0n DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION dAW-t iag TO: California Department of Forestry ®roville+California FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Gerald Ernst,REZ 99-04 DATE: February 22, 1999 CONTACT PERSON:Daniel Breedon The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed,please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone 178+acres consisting of three}parcels from FR-40(Foothill Recreational-40 acres)to FR-20(Foothill Recreational-20 acres)on property zoned FR-40(Foothill Recreational-40 acres)located along Richardson Springs Road, '/2 mile northeast of Indian Cliffs Drive,north Chico area,identified as APN 047- 280-064, 47- 280-06 65 and 047-230-042. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON June 10, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN March 8,1999. 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): 71-4k Inds fide l rezone hos r�o im"Oad on the Fim. D3n,;C;r"',rS"?t >r1'r fl1� t.`;r-,riye CaffeC' or t"r".:Oi € i*1 '10 W,,h�: c'en'c-d�1 ri.- ,icinm:?nts is 6CecreoOd t wr1land for fire protection 5" y4CZS or,6 hWher costs to the eoun V. By: Date: 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 FEB-17-1900 00:16 P.01 October 25.1999 Dan Breedon Butte County Plaiming Divi�ioa 7 Countv Ccnter Drive of'oville,Ca 95965 Re: Rezone of 14473 41 14104 Richardson Springs Road Chico Dcar Mr Breedon: :This will confirm our telephone corwersation today. We will accept conditional zoning approval on reference property- AS y'ou explained to me.the condition being that we show sc wage disposal cairabilitics to the satisfaction of the Health Department. Thank you in advance for your attention to this application. Vcry truly yours. Gerald L Frnst 530-345-1477 RECEIVED OCT Z 61999 BUTTE COUNTY PLANNING DIVISION TOTAL P.01 .NorthStar ENGINEERING Civil Engineers•Planners•Surveyors July 8, 1999 Daniel Breedon l Butte County Planning Division d �_ 7 County Center Drive Oroville, CA 95965 • ('�N�l �iirJ� Re: Rezone for Ritter and Ernst Dear Darnel: ?�UNf1 j , Please refer to your letter dated March 22, 1999, regarding the rezone proposal for Ritter and Ernst. In this letter you indicate that the rezone application was deemed incomplete 1 and that the rezone proposal could not proceed further without Health Department clearance. At this time, I request that the rezone process be allowed to proceed without further delay. I believe sufficient information regarding the suitability of the soils on these properties is available. Furthermore, I believe it is now appropriate to address the other issues related to the rezone itself before additional monies are expended on final soils exploration and testing. The applicants acknowledge that there is some risk by pursuing this request. Dr. Ritter and Mr. Ernst understand that without final Health Department clearance for each parcel it will not be possible to proceed with the actual land division. However, there are many other issues related to any rezone request that must also be addressed. They request that the review process be allowed to continue as soon as possible. Please note that NorthStar Engineering has considerable experience with the soils in the immediate area of this rezone request. We successfully proved that the soils were acceptable for twenty-acre parcels immediately to the west of this current rezone request. After several years of winter water table monitoring, many percolation tests and innumerable backhoe test holes we have developed the expertise to identify the soils resources that are acceptable to the Butte County Health Department for compliance with the Subdivision Ordinance. We are now applying this expertise to the Ritter/Ernst rezone request and we are confident that this property is indeed appropriate for twenty-acre parcels. 20 DECLARATION DRIVE P6anning 63�DaPt913�R CHICO, CALIFORNIA 95973 JUL 2 p 1999 530-893-1600 FAX-893-2113 �,r, a�..v. ;•hy�•V ISS r July 8, 1999 Ritter/Ernst Rezone Page 2 of 3 The rezone proposal in question consists of two parcels under separate ownership. The first, owned by Dr. Dale Ritter, is APN 047-230-042. This parcel is approximately 80 acres in size and it appears was created by gift deed under the old gift deed rules prior to 1976. As a result it did not fall under the scrutiny of the Butte County Health Department. Mike Huerta refers to this property as Site A in his memo to you dated March 15, 1999. The Ritter property is vacant, however a septic approval was issued last year for a new system near the westerly end of the property. The issuance of this permit was based on soil exploration approved by the County Health Department. In addition, the County has recently approved several septic system locations immediately adjacent to the northern boundary of this parcel. These approvals were for Mr. Manthei, the neighboring property owner, and are documented in a Department of Real Estate letter from the Health Department. In addition, it is important to understand the purpose of Dr. Ritter's rezone request to fully comprehend the issues related to the Health Department clearance. Dr. Ritter currently owns four separate, legal parcels covering approximately 240 acres. Assuming this rezone request is approved,the boundary lines for these four parcels will be realigned to create three parcels at twenty acres each plus a remainder parcel of approximately 180 acres that encompasses the existing Ritter homesite. This will allow Dr. Ritter, who is elderly, to derive some income from the sale of the twenty acre parcels while retaining the bulk of his ranch intact. Because the twenty-acre parcels will not be created by Parcel Map, but by Lot Line Adjustment, it will not be necessary for them to meet the requirements of the Butte County Subdivision Ordinance. It will only be necessary to prove that each parcel can support an original and replacement septic system. This is much easier than meeting the requirements of the Subdivision Ordinance. In fact, this has already been done for the most westerly of the proposed twenty-acre parcels, as indicated above. The second site owned by Mr., Gerald Ernst and identified as APN 047-280-064 & 065 is approximately 90 acres in size and is referenced as Site B by Mr. Huerta. The two existing parcels owned by Mr. Ernst were created by Parcel Map in conformance with Health Department requirements that were in effect at the time. It is apparent from the recorded map that some effort was put into soil exploration as some of the parcels have designated useable sewage disposal areas noted on the map. However, the two parcels in question have no such designation. It is assumed that this was the case because the soil resource on these two parcels was not limited to a specific area. July 8, 1999 Ritter/Ernst Rezone Page 3 of 3 In fact, our field review of the property indicates several large areas are probably acceptable according to current code requirements, including the areas currently used for the two septic systems serving the two existing homes. Given these circumstances we are confident that septic system approvals can be obtained for at least two more parcels on the Ernst property. If the rezone to twenty acres parcels is approved. And, if .the necessary Health Department clearances can not be obtained subsequent to the rezone approval, Dr. Ritter and Mr. Ernst realize that it will not be possible to obtain the parcel layouts that they are currently anticipating. Furthermore, they have indicated that no proposals will be considered to mitigate the lack of useable area. This is not being considered as an option. Dr. Ritter and Mr. Ernst feel that sufficient information currently exists to allow the Planning Commission and Board of Supervisors to make the necessary legal findings that the property is in all likelihood suitable for additional on-site sewage disposal systems. They feel that it is appropriate for County staff to now deem this application complete and to continue with the rezone process under the condition that any land division subsequent to this rezone must meet the useable area requirements of the Butte County Subdivision Ordinance. Please consider this request as soon as possible. Feel free to give me a call if you have any questions, if you require any additional information or if you wish to meet to discuss the issues involved. Sincerely, NorthStar Engineering Mark Adams, PE cc: Dr. Ritter Mr. Ernst Michael Huerta Eatte county "> LAND OF NATURAL WEALTH AND BEAUTY 44a s PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 March 22, 1999 FAX: (530)538-7785 Gerald Ernst 14472 Richardson Springs Road Chico, CA 95973 Subject: APPLICATION INCOMPLETE—Comments Received from Butte County Environmental Health Department Dear Mr. Ernst: The Butte County Environmental Health Department has commented on this project. These comments are attached for your review. The Planning Division has the following additional comments regarding this project: The proposed rezone will increase the density of the property from 40 to 20 acres, thus doubling on-site sewer demands. The Planning Commission and Board of Supervisors must make legal findings that the property is suitable for the zoning district proposed. Based upon the comments of the Health Department, the area is not suitable for additional on-site sewage disposal systems. For these reasons, staff cannot recommend approval of the proposed FR- 20 Zoning District. Staff must deem the application as incomplete, until information is provided that supports a rezone. This information must also be acceptable to the Butte County Environmental Health Department. In order for you to proceed with the proposed Rezone, it will be necessary to provide the Environmental Health Department with enough information to conclude that 20 acre parcels can be supported with on-site septic systems. I would recommend contacting Michael Huerta, with the Health Department at 891-2727 to discuss what needs to be done. If you would like to discuss this determination in general, please do not hesitate to contact me at 530-538-7629. Daniel C. Breedon Senior Planner cc: Northstar Engineering Butte County Environmental Health Department(Chico) -- , ie REZ 99-04 AP#047-280-064&065 047-230-042 Gerald Emst A-160 L. F Project Location -------------------------- 5 f f J � r / 4 { < A-160 2 r r : Q{ t y \ ' >.a. ,.15:x; {• ).{•` '.SST'N 1 .-.;.n -3 \ LEAD IN SHEET FILE NO: REZ 99-04 AP# 047-280-064, 065 and 047-230-042 APPLICANT: Gerald Ernst, 14472 Richardson Springs Rd., Chico, CA 95973 OWNER: Same REPRESENTATIVE: Northstar Engineering, 20 Declaration Dr., Chico, CA 95973 REQUEST: Rezone 178+ acres consisting f three parcels from FR-40 (Foothill Recreational- 40 acres) to FR-20 (Foothill Recreational-20 acres) SIZE: 178+ acres LOCATION: along Richardson Slags Road, %mile northeast of Indian Cliffs Drive, north Chico area SUPERVISORAL DISTRICT# -3- EXISTING ZONING: FR-40 ZONING HISTORY: 04-28-87 SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: Agricultural Residential APPLICABLE REGULATIONS: 03-9°1 Rec'd-QA - I I I COMMENT DISTRIBUTION LIST APPLICATION: Gerald Ernst DATE: February 5, 1999 County Offices and Cities: / / Chief Administrative Officer °' _ Develop.Services Director `�X_ Public Works Director Environmental Health X_ 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 Irrigation _ Other Domestic Water _ Butte Water District _ California Water Service Co. _ Del Oro Water Co. OWID _ Thermalito Irrigation District _ Other Sewer Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision(CSA 21) _ L.O.A.PUD �F're Protection X_ California Department of Forestry _ El Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation _ Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks Utilities _ PG&E North-Chico _ Chambers Cable TV _ Pacific Bell PG&E South-Oroville Viacom Cable TV State Agencies CalTrans (Traffic) _ Dept.of Water Resources A/— Dept.of Fish and Gamtr`P—AA J"1`t Forestry(Attn:Craig Carter) _ Dept of Parks and Rec. _ Highway Patrol �ir `l 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 s • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION I ' TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Gerald Ernst,REZ 99-04 DATE: February 22,1999 CONTACT PERSON:Daniel Breedon The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any;and to 2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed,please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone 178+acres consisting of three parcels from FR-40(Foothill Recreational-40 acres)to FR-20(Foothill Recreational-20 acres)on property zoned FR-40(Foothill Recreational-40 acres)located along Richardson Springs Road, V2 mile northeast of Indian Cliffs Drive,north Chico area,identified as APN 047- 280-064, 4Z280-064,065 and 047-230-042. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON June 10, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN March 8,1999. 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 planning®ivisi®n FEB 0 1999 . FGINEER[NG Givii;Enghwers:.r P:Iannsrs. Suvnyois ' ®��i11�9cavdovlia► TRANSMITTAL SHEET TO: FROM: STEVE LUCAS Rick Rodriguez COMPANY: DATE: PLANNING DIVISION 02/02/99 ADDRESS: JOB NUMBER: 7 COUNTY CENTER DRIVE 6504 TRANSMITTING THE FOLLOWING: OROVILLE,CA. REZONE APPLICATION PROJECT: REZONE FOR ERNST/RITTER ❑ FOR APPROVAL❑FOR INFORMATION ❑ FOR CHECKING x FOR PROCESSING ❑ FOR YOUR FILES ❑ PLEASE REVIEW&COMMENT ❑ PLEASE REPLY L24 AS REQUESTED NOTES/COMMENTS: STEVE, ENCLOSED FOR INITIAL REVIEW AND CASE PLANNER ASSIGNING ARE: 1. UNIFORM APPLICATION W/ ENVIRONMENTAL QUESTIONNAIRE& AGENT AUTHORIZATION 2. VESTING DEEDS (3) 3. PROPERTY DESCRIPTION (EXHIBIT "A") &PLAT (EXHIBIT " ') 5 COPIES 4. CHECK#139 & #1386 ' D IF ANY QUESTIONS OR COMMENTS PLEASE CALL ME AT THE OFF CE @ 893- 1600. r THANKS. �U w'� 1 .y4V9 - DATE RECEIPT TOTAL PUBLIC LAPCO USE PUBLIC ENV "a VARIANCES NO. RECEIVED WzONINc WORKS PERMITS DOCUMENTS EALTH OTHER APPLICANT RECEIVED FROM RECEIPT 16962 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING I SSB V . a �n Y^ w v '•'' 'I J !; r lR- �, 1 r7.. ,� �'C���.VF�•�.C�'L,/� i��.%—� �T DATE RECEIPT TOTAL PUBLIC LAPCO USE VARIANCES PUBLIC ENV -' NO. RECEIVED WORKPERMITS ZONING OTNER APPLICANT RECEIVED FROM OOCUMENT9 HEALTH • RECEIPT 16961 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUEDBy �U All that certain real property situate in the County of Butte, State,of California, described as follows; PROJECT SITE•"A"` Being the South half of the Southeast Quarter of Section 23, Township 23 North, Range 1 East, M.D.M. Containing 80 acres, more or less. The above described parcel has been assigned Assessor's Parcel Number 47-23-042. PROJECT SITE "B": Being Parcel 16 and Parcel 17 as shown on that certain map filed for record in Book 63 of Parcel Maps, at Page 83 in the office of the Butte County Recorder. Containing 98 acres, more or less. The above described parcels have been assigned Assessor's Parcel Numbers 47-28- 064 and 065. Exhibit "A" ,Page 1 of 1 �r Sam 47-2.3 T. 23 N. R. E. Al D. B ` '. i 2708.86 r}� �• ///. . < 40f Ate . 298.03 Ac. `* 206 o 1340.80 q 640.0 AC. SYCAMORE /4 7.3 9 AG.1 VALLEYsueon A^derso^ For /60.0 Ac. N 3 `�li Co AssFT 2JIF.87AC 41 _, ' :` 1`�• /' /' / 4 1334.10 aea X1128-E r 15oo a � ^3 S P a: O� N i G 2 sf I I ` r. �� j• : (� _ �m 83.24AC.t 239.74AC.1 sp 28, .51 t_= f: S7aA P6o3177 N?853' - 2603.77• 5`�`� 3: . 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(Su W 40 A Z 'fol: •. 67 ;�, % '; 41 68 456ilcS• ''•' ^" 7l' iL rI AC . . . . 25 • 53 32454 Z 611981 3� •' _ _ _ - I t7:0 ..4-5447 .06 f N 1 0 i •tom - 50 O2 7 _ N i• -. 1'�• O 1.4 - 5 •}� o- S - _,.i'yi _ 3 s.fc 5 . •f�: Q f a +r.ry F�• 390 32 .. i.. Oil 26 /64Ac • O .. / - { 33 3 47 45 .9.oa �4 --. .... :x`:- ;c� _� .._�• ��0 C. '•, A c Y: I 4s .4s .5 �•'45 3 `4 I� ,yQ5.0i OI I /4,. 6346-5Ac �I Z?*.ip: :._• . c -:�O 32 0 �� f! r O •. ... - rte. �,_;_:>._:.�' - . • ..� 4OML �5 11 II :,,.: :�: •. ,} 1. TACq@11 �- , ; • @0 ' = :- 4 I. W _ 3 �i 146. # - • T �2. 5 Q 9' 1 a \ p13 991 oI 320Aco Airport ^� 3Ac I 1 (City of Chico) /o.9A �P/ IAr\ A3 # l` '`_•.� i _ _ 55 5y1 ' .17AC I1.836At 255.059 AC 2.162 1086 1 Towers / !A g o O.B6.4c c . I e o�6►` ,\ 56.4 stc 3� �.�so y• U 4.421 Ac �C 44-01 / ,-,-4o.•: 47=29 / \ e,-i-46 0 /9'x O'Strip NOTE= These parcel:are for assessment purPosq t" BK- 7- 5 5 \\ only ondmoy nof.casfitufe legal parcels. t.,OUnty of BOW''Ccllifr -90 ;'`�' All that certain real property situate in the County of Butte, State of California, described as follows; PROJECT SITE"A": ' Being the South half of the Southeast Quarter of Section 23, Township 23 North, Range 1 East M.D.M. Containing 80 acres, more or less. The above described parcel has been assigned Assessor's Parcel Number 47-23=042. PROJECT SITE "B": Being Parcel 16 and Parcel 17 as shown on that certain map filed for record in Book 63 of Parcel Maps, at Page 83 in the office of the Butte County Recorder. Containing 98 acres, more or less. The above described parcels have been assigned Assessor's Parcel Numbers 47-28- 064 and 065. Exhibit "A" Page.l of 1 � I / A-5 . ' 2592 / , \ FR-20 I , , i • \ I`I X00 /','/ 5 \ I FR-40 PROJECT SITE"A" 2531'.` \ FR-10 i AP 47-23-042 80 ACRES00000 +/- ` ' II 3 I 25. \\ 6 I1 A-160 " 2184 I; FR-20 PROJECT SITE"B" His AP 47-28-064'&065 98 ACRES+/- a` pPG P FR-40 PLAT TO ACCOMPANY REZONE APPLICATION For ERNST/RITTER SR-3 Rezone from FR-40 to FR-20 Exhibt "B" Page 1 of 1 E� L A-160 SR-3 2A26 2425 34 35 336 A-40 NEGATIVE DECLARATION DISTRIBUTION LIST REVIEW PERIOD: 20 days minimum APPLICATION: Ernst/Ritter Rezone (Rez 99-04) DATE: December 17, 1999 Total Copies 11,x--7fiS rn�c. �- Project representative County Offices and Cities: _ Chief Administrative Officer _ Develop.Services Director �/ / Public Works Director Enviromnental Health/ _ Building Manager _ Sheriff _ BCAG _ ALUC LAFCo APCD _ Butte Co.Fane Bureau City of Biggs _ City of Gridley _ City of Chico City of Oroville _ Town of Paradise _ Chico Airport Commission Agricultural Commission Irrigation District: Butte Water _ Biggs/W.Gridley Water _ Durham Irrigation OWID _ Paradise Irrigation _ Richvale Irrigation Table Mountain hrigation Thennalito Irrigation _ Other Domestic Nater _ Butte Water District _ California Water Service Co. _ Del Oro Water Co. OWID _ Thennalito hrigation District _ 'Other Sewer Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision(CSA 21) _ L.O.A.PUD Fire Protection VreJ Butte County Fire Protection(CDF) _ EI Medio Fire Protection District Recreation Districts Chico Area Recreation _ Durliam Area Recreation _ Feather River Rec.&Park Paradise Recreation&Park Riclrvale Recreation &Parks Utilities PG&E North-Chico _ Chambers Cable TV _ Pacific Bell PG&E South-01-OVille Viacom Cable TV Fedend Agencies US Forest Service _ US Bureau of Land Management _ US Fish&Wildlife Service Anny Corps of Engineers Other Districts,Agencies,Conunittees,local representatives of State agencies 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 _ School Districts Butte Co.Mining Conunittee _ Forest Ranch Conunur ity Assoc. _ Butte Ck.Watershed Conservancy Dept. of Fish and Game(Henry Lomelli) _ Central Valley Regional Water Quality Control Board(Ron Dykstra) State Agencies(Note: Review by State agencies requires submitting I I copies of the Negative Declaration/hnitial Study to the State Clearinghouse,1400 Tenth Street Sacramento CA 95814. The review period Hurst be extended to 30 days.) ZV/ Caltrans Div of Aeronautics _ Dept.of Water Resources Dept.of Fish and Game(Rancho Cordova) Forestry(Attn:Craig Carter) — Dept of Parks and Rec. _ Higbway Patrol Central Reg.Water Quality Cont. _ Caltrans,Aeronautics Program Depailment of Conservation _ Off.of Mine Reclamation _ Off.of Govenunental&Env.Relations Dept.Social Services;Conun.Care Licensing 1-7 / ^ Name Address N n Address Name Address Name Address A-5 . 2592 FR-20 K I / i,q J �I 5 ; FR-40 PROJECT SITE"A" 2531'•\ FR-10 AP 47-23-042 80 ACRES+/= 11 \ 3 II ' 25 \\ ( 11 0 \ �' FR-20 I PROJECT SITE"B" ` AP 47-28-064&065 98 ACRES ... SSP �P P` FR-40 PLAT TO ACCOMPANY REZONE APPLICATION For ERNST/RITTER SR-3 Rezone from FR-40 to FR-20 Exhibt "B" Page 1 of 1 P�• A-160 i SR-3 2A26 2425 —------------ GRAPHIC SCALE 200 0 100 200 400 800 IN FEET 1 inch 200 ft. MR- K LEGEND POTENTIAL FUTURE HOMESITE 40 EXISTING WELL oo `5 12A GROUNDWATER MONITORING WELL 10-7 SOIL PROFILE HOLE EXISTING SEPTIC SYSTEM IN KN 0 L "MEN A .- z2W 05 1 ml� REZONE SITE BOUNDARY -30 (0 Q NO ke. 01 C N89*1 8'51"E 2324.54' Cn :7 (A 0 CD 41: RECEIVED BEIC 0 3 1999 BUTTE COUNTY PLANNING DIVISION Drawn W. 20 Declaration Drive ERNST AWMd Chico, California 95973 RICHARDSON SPRINGS ROAD NE Civil Engineers..Surveyors Phone: (530) 893-1600 Fax: (530) 893-2113 CHICO, CALIFORNIA Job Number Ir - 2W Scale n/a Sheet I Of I Dalb 000 %=0 Chim. Callfomic Web Site: www.norfhsta,reng.com 6458 Horz. Vert.