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REZ 99-03_PLANNING
3 1II111IUIIVI111111IIYlllll1111111111111lllll lltll�����llltl llu SEPARATOR .,SHEET ,max DsS - aro - oro oAo,ERNUMaEA o3 PROJECT SUMMARY SHEET rY_ir� FILE#:_REZ 99-03 PROJECT TYPE: Rezone APPLICANT: Tibor Reszneki and Kyle Hypes/Frank Konrad ADDRESS: . 6626 Lindley Ave. 1491 Holly St.,Reseda,CA 91335 Gilroy,CA 95029 OWNER: Same ADDRESS: REPRESENTATIVE: _Sierra West Surveying ADDRESS: 5437 Black Olive Drive,Paradise,CA 95965 PROJECT DESCRIPTION:. Rezone from AR-2.5(Agricultural Residential-2.5 acres) to AR1 (,Agricultural Residential-1 acre),on three parcels totaling 75.53 acres PROPERTY ZONED: AR-2.5 LOCATED: south of the town of Paradise,at Linden Baum Lane and Pentz Road. approximately %mile north of the Pentz Road/Kunkle Res.Road intersection AP#: 055-310-010,011,and 012 TOWN/AREA: Paradise GENERAL PLAN DESIGNATION: Agricultural Residential 1. Application complete: January 4,1999 Amount: $1416.91 Receipt#: 16910,16909, 16908 2. Comments sent to: 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Daniel C.Breedon 7. Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# ive 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: 10. Publication Notice Written: a Display Ad Prepared: r X11. Notices Mailed: 5' ��/9 Number of Notices: 12. Newspaper Publication Date: / 13. Planning Commission Hearing(s): (O ' a�'`�— ! C �''� �� 4 Action taken: Special Conditions: Commission Resolution No. G 14. Board of Supervisors'Hearing(s): 9 �O `y / (�D 62) . e Action taken: M Board Resolution No.: 99—/y0 ' Ordinance No: Adopted: g�� F�`5. Type Use Permit/Send for signature: U 1 6. N.O.E./N.O.D./APPENDIX G: Fish&Game Fees Paid: Yes No 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use Permit/Variance to Planning Technician: 99-319 Public Hearing - Tibor Reszneki, Kyle Hypes, and Frank Konrad - Rezone 99-03, - consideration of .a rezone from AR-2 . 5 (Agricultural Residential-2 . 5 acre parcels) to AR-1 (Agricultural Residential-1 acre parcels) on two parcels totaling 18 .48 acres . The property is located south of the Town of Paradise, at Lindenbaum Lane and Pentz Road, approximately % mile north of the Pentz Road/Kunkle Reservoir Road intersection, Paradise area, APN 055-310-010 and 055-310-011 (File # REZ 99-03 [DB] ) - action requested: A. SUBJECT TO FINDINGS I (A AND B) AS DETAILED •IN THE STAFF REPORT DATED SEPTEMBER 28, 1999, ADOPT A MITIGATED NEGATIVE DECLARATION; B. DETERMINE THAT THE PROJECT WILL HAVE AN IMPACT TO FISH AND/OR WILDLIFE HABITAT AND DIRECT THE PAYMENT OF DEPARTMENT OF FISH AND GAMES FEES PURSUANT TO FISH AND GAME CODE SECTION 711 . 4 (d) (3) AND 14 CCR 753 . 5; C. ADOPT AN ORDINANCE REZONING PROPERTY IDENTIFIED AS APN 055-310-010 055-310-011, REZ 99-03 , FOR TIBOR RESZNEKI, KYLE HYPES, AND FRANK KONRAD TO AR-1 (AGRICULTURAL RESIDENTIAL - 1 ACRE PARCELS) ; AND D. SUBJECT TO FINDINGS IV (1 AND 2) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 28, 1999, ADOPT A RESOLUTION APPROVING THE CONDITIONAL ZONING AGREEMENT IDENTIFIED AS ATTACHMENT "A" TO THE STAFF REPORT DATED SEPTEMBER 28 , 1999, AND AUTHORIZE THE CHAIR TO SIGN. (**1545) PUBLIC HEARING OPENED: 11 : 38 A.M. PUBLIC HEARING CLOSED: 11 :41 A.M. MOTION: I MOVE, SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 28, 1999, TO ADOPT A MITIGATED NEGATIVE DECLARATION; TO DETERMINE THAT THE PROJECT WILL HAVE AN IMPACT TO FISH AND/OR WILDLIFE HABITAT AND DIRECT THE PAYMENT OF DEPARTMENT OF FISH AND GAMES FEES PURSUANT TO FISH AND GAME CODE SECTION 711 .4 (d) (3) AND 14 CCR 753 . 5; TO ADOPT ORDINANCE 3556 REZONING PROPERTY IDENTIFIED AS APN 055-310-010 055- 310-011, REZ 99-03 , FOR TIBOR RESZNEKI , KYLE HYPES, AND FRANK KONRAD TO AR-1 (AGRICULTURAL RESIDENTIAL - 1 ACRE BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - SEPTEMBER 28, 1999- . PARCELS) ; AND SUBJECT TO FINDINGS IV (1 AND 2) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 28, 1999, ADOPT RESOLUTION 99-140 APPROVING THE CONDITIONAL ZONING AGREEMENT IDENTIFIED AS ATTACHMENT "A" TO THE STAFF REPORT DATED SEPTEMBER 28, 1999, AND AUTHORIZE THE CHAIR TO SIGN. ` S M VOTE : 1 Y 2 N 3 Y 4 Y 5 Y (Motion Carried) w BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - SEPTEMBER 28, 1999 _ _ Tibor Reszneki and Kyle Hypes/Frank Konrad,proposed Negative Declaration with mitigation measures regarding environmental review and Rezone from AR-2.5 (Agricultural Residential- 2.5 acre parcels) to AR-1 (Agricultural Residential-1 acre parcels),on two parcels totaling 18.48 acres. The property is located south of the Town of Paradise, at Lindenbaum Lane and Pentz Road, approximately %Z mile north of the Pentz Road/Kunkle Res. Road intersection, Paradise area. ,APN 055-310-010 and 055-310-011. (File#REZ 99-03) (DB) Mr. Breedon gave a brief summary of the project. Commissioner Cage said that she was on the Planning Commission in Paradise when they approved the plan of having meetings with the County and when there is a project in the Sphere of Influence,which this is,that the Town and the County work together. She said what she is hearing staff say is that the Town of Paradise classification doesn't matter,it is only County. She said that being in the Sphere of Influence does not make a bit of difference, from what you just said. t - Mr. Breedon said it was a finding that they need to make, that the inconsistency is there and whether that inconsistency should affect the approval of this project is a policy decision for the Commission. Commissioner Cage said there is a water shortage in the area. She said there is also a problem with fire safety in the area. Vice Chairman Nelson asked if staff had received negative comments from the Town of Paradise. Mr. Breedon said the Town's comments were included in their packets. He said the comments state that the project will be inconsistent with the Town General Plan. Commissioner Mooney said Parcels 2 & 3 will be one acre parcels and Parcel 4 could be divided 3 more times. Mr. Breedon said that is correct. He stated that this rezone does not cover Parcel 4. Mr. Parilo discussed the flex zoning proposal that will be going to the Board. There was a brief discussion on how that ordinance would have been useful in this case. i The hearing was opened to the public. Tom Wrinkle, Sierra West Surveying, said the applicant is agreeable to the conditional zoning. He said there have been no attempts to drill wells in this area. He said the property was already zoned AR-2.5 and should not have been prezoned by the Town to Agricultural and Open Space. The hearing was closed. Commissioner Lambert said her concern is that the Town of Paradise wants a lower density than the 2.5 acre County Zoning. She discussed clustering. She said clustering would retain the density and still maintain the open space as required by the Town of Paradise General Plan. Shane L. Shane,Paradise representative,said one reason for the open space in this area was the lack of other services. He said the area has not been studied for impacts on traffic on Pearson Road. He said he has not ■ BUTTE COUNTY PLANNING COMMISSION ■ MMTES ■ JUNE 24, 1999 ■ PAGE 1■ v reviewed this project with Paradise staff. He said the entire area within the Town's Sphere needs work and in-depth studies. He noted that the traffic inside the Town is becoming more congested all the time. Commissioner Lambert said she was reluctant to approve this with the inconsistencies and the concerns on water and sewage problems. Vice Chairman Nelson said it looks like Parcel 4 is not developable. He said he did not see much difference between this rezone and a flex lot zoning. Commissioner Cage said this should be continued for the water situation. She said this is in the Lime Saddle area and at the present time LAFCo is holding meetings concerning the water and whether it will be a combination of Del Oro Water, Paradise Irrigation District, Stirling City, and Lime Saddle, or where the water will come from. Vice Chairman Nelson said the applicant has started a process based on a set of given rules and he thought they were owed a decision, either to deny so they can go for an appeal or approve the application. Commissioner Cage said if this is appealed, they might ask the Supervisors to continue this until there is a solution to the water situation. Commissioner Mooney said he was in favor of this project. He said the applicant can show proof of water or put money into a water system. Mr. Parilo pointed out that there is no guarantee that the Flex Lot Ordinance will be adopted. He noted that the applicant is willing to enter into a Zoning Agreement for water concerns. Commissioner Lambert said she was reluctant to approve this when it is 1 %Z times the density of the current zoning and higher than what the Town of Paradise plan is suggesting and the inconsistencies between the two plans. She agreed this should move forward. Mr. Parilo said there is no appeal process on a rezoning. He said the Commission's action is a recommendation to the Board and will be automatically forward. He said an advantage of the Conditional Zoning Agreement is that it establishes that water availability needs to be demonstrated at the time of the Tentative Parcel Map. It was moved by Commissioner Mooney, seconded by Vice Chairman Nelson, and carried to recommend approval of a rezone for Tibor Keszneki,Kyle Hypes, and Frank Konrad,APN 055-310-010, 055-310-011, subject to the findings and 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, ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ NNE 24, 1999 ■ PAGE 2■ 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. This project will have an impact to fish and/or wildlife habitat. Department of Fish and Game fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5 are required. III. Approve Rezone 99-03 subject to the condition listed in Exhibit"A"with the following findings: 1. The project is consistent with the conditional zoning criteria under the Agricultural Residential General Plan designation as supported by the following: a. Condition #1 requires that a conditional zoning agreement be recorded specifying that domestic water supply be provided prior to subdivision and development of the property. b. The soil conditions indicate that the property is capable of on-site sewage disposal. C. The property is located in proximity to other similar-sized residential developments. d. Future development will 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. e. The property is provided with access by Pentz Road, an improved County road with a level of service that allows for unrestricted flow of traffic with only minor delays to vehicles. f. Commercial services and schools are available within reasonable distance from the property. 2. General Plan Policy 1.6a indicates that the County must attempt to coordinate government plans with other jurisdictions. This rezone is inconsistent with the Town of Paradise's OS/AG(Open Space/Agricultural) prezone designation. This inconsistency is an existing condition which occurred when the Town of Paradise implemented its prezone designation and 1994 General Plan. The County's Agricultural Residential General Plan designation and Agricultural-Residential zoning district was not adopted by the Town at that time. General Plan Policy 1.6a does not preempt the jurisdiction of the County's current General Plan designation or zoning. This inconsistency can best be addressed by coordination of future County and Town plans in this area. 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: 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 Planning Division in order to demonstrate the availability of a domestic water supply as part of the application'for a tentative parcel map or tentative subdivision map: ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JUNE 24, 1999 ■ PAGE 3■ A. The number of water connections corresponding to the number of proposed parcels, up to a maximum of eighteen, shall be secured from the Del Oro Water Company. B. A guarantee of service from the Del Oro Water Company shall be secured based upon the ability to provide adequate water supply from the proposed water main extension along Pentz Road. C. The Butte County Environmental Health Department shall be provided with relevant tests and information that will support, to their satisfaction, that adequate groundwater availability exists in sufficient amounts corresponding to the number of proposed parcels up to a maximum of eighteen. AYES: Commissioners Cage and Mooney, and Vice Chairman Nelson NOES: Commissioner LAMBERT ABSENT: Chairman Leland ABSTAINED: No one r r ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JUNE 24, 1999 ■ PAGE 4■ 99-208 9 . Report to the Board - Tibor Reszneki the Government Code requires the Planning Commission to make a report to the Board regarding rezone applications . The Planning Commission held a hearing for Tibor Reszneki/Kyle Hypes/Frank Konrad proposing a rezone from AR-1 . 5 (Agricultural Residential-1 . 5 acre parcels) to AR-1 (Agricultural Residential-1 acre parcels) and has recommended approval of this project - action requested - ACCEPT FOR INFORMATION. A BUTTE COUTY BOARD OF SUPERVISORS MINUTES- JULY 13, 1999 0 January 5, 1999 DESCRIPTION All that certain real property situate in the County of 'Butte, State of California, described as follows : ,4�o All of the property lying- within the bounds of Lots 2,�3 an&X1 as shown on that certain Map entitled, "Parcel Map of Phase II for Attila Kasza Et A1" , which Map was recorded in the Office of the Recorder of the County of Butte, State of California, on July 2, 1993, in Book 129 of Maps at pages 82 and 83 . 1 'No. 4010 S /-�1 'Y : Robert G. Agee, Jr L.S . 4 010 Registration Expires 6/30/00 4M.� Planning Division JAN 0 4 1999 OrOVllle,Califomia 7431Reszneki.D-1 Nov- 12 -98 02 : 29P butte Ginty p I rtn i ncI 530 538 7785 P . 03 EA—RTM a•,NT OF DEVELOPMENT NT VERVIC.ES BUFTE COUNTY UNLFOB.M APPLICATION AP`2i,IC La`t'T� A&enc intrmuedon to be E= dcd is an otb f side.: AppLICANT'S NAMB( if Applicant is 410;zcet ft in owner an aMdavit is required ) ASSE550R'S PARI-El NUMBER: 1G41DL7Ey t/ � �tl/ D 15-5 - 3/s ,Iy / /9/ /qD(L1�C STATE & ZIP CODE: FILE NUMBER. (FOR OMCE USE),�sEaA,G�} 9/335- �/ Roy/ c.4 9So�9 Z NAME OF PROPOSED PROTECT( If any) TELEPHONE 06 ) 3 4-Z-o30& LOCATION OF PROJECT( Major cross streets and Address, if my) GENERAL INFORMATION REQUIRED i OWNER'S NAME TELEPHONE ADDRESS: CITY,STATE d*:ZIP CODE: ZONE GENERAL PLAN EXISTING LAND USEsrfE SIZE(in Square Fect ar Acus) _-- r EXISTING STRUCRRES(in Square Poet ) PROPOSED STRGCTU-US( in Sgwrc Fcct 1 (Cbet-k obt) Onr.) ❑ N.topERTy IS OR PROPOSED TO BE SERIERED R.ROPER.TY IS OR PROPOSED TO BE ON PUPLIC_ WATER M PROPERTY IS OR PROPOSED TO BE ON SEPTIC 0 PROPERTY.-IgoR PROPOSED TO BE ON WELL WATER APPLICA'T'ION REQUES'IW:. .�.. ❑ GENF.RJIL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAY. REZONE [J TENTATIVE PARCEL NcAP C3 USE PERMIT ❑ WAJ'aR OF PARCEI. MAP ❑ MINOR USE PERMIT ❑ BOUNDARY LfNE MODIFICATION ❑ VARIANCE ❑ LEGAL LOT DETERMNATION iJ `,'.��!�" ':w�n1 Ay ICE r-!, CETI7-1CATE 0 M Rr:cR ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN C7 DEVELOPMENT AGREEMENT ❑ 0maER — -- PROJECT DESCRE MON FULL DESCRIPTION OF PROPOSED PROJECT(Attach nacmmr;.-ihcats. If this application is for a land dlvi:ion . describe the number and Size of parcols.) / JAN U T 15,13 OWNER CERTIFICATION I CERTIFY T"T:Alj PRESENTLY T}M LEGAL OWNP-R OR TIrM AUTHORIZED AGBNP OF THE OWNER WUv'X' OESCkIBED PROPER'T'Y FVRTxEk. ( ACY.NOWLEDGE TlM F11240 OF TMS: • 1 t � 6 'j %4(j zQ �� 7o 2 •98 02.: 2.9P butte cnty planning 530 538 7785 P . 04 AGENT A U—MORM A•Ole -'a Bure Counry, Department of Development Services; 6iiF12" CA)5Si Smit-✓ �tiJ6 Print,=,o Q(A9Qu VW ria;vM,bw -_q L�KK oUy c D2 �4A^0/St/ « 9,5 5 q- --- - WXWe � is hereby authorized to process this application forzo'c�� on my property, identified as Butte County Assessors Parcel Number SJ` 1—/D �/ /Z This 3tJtilOTIZ3t1iAr1`a- 6ws TepreSCi1t3t1or1 for all applications, hearings, appeals, etc. and to sign ill documents necessary for said processing, but not including document (s) relating-to record title interest owners) of Record: (sign and print name) 1 X302 lgej zA-16��f ! �fy��-s ^_ ,� '✓K ,�.c�/ v Print Name kbb,�� fit"X ArcMteiz;t and/or Engineer: Prat Name Of Amfe UcVF-335 a stxi Pboaa Nambet `^ sY F-7 064-2-' 0L- (,1E Mailing Addrea 'FOR OFMCE USE ONLY Verify: Jute received: Total amount received:_ _ AP Number(s) Description owners Authorisation Zoning requirements Project Description -Copies of plot pian Taken by- Receipt No. E.�i, LD Plan FD Payment of the currently required Application Fee and/or Deposit(Any unused portion of a deposit) will be returned upon final action. Manning Division Currcnt fee for this application is S as of make check payable to "Butte County Tre2surer". `�`d ®rOVIlle,California Nov- 12-98 02 : 30P butte county planning 530 538 7785 P' os 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, andlor pro'ect sponsor: . D� �l9 �u-y ST �i�2oti,CA 9syz4 2. Address of project- Assessor's Parcel-Number. 3. Name, address, and telephone number of OenfonFo be contacted concerning thkproject vr� Gu S y rt" S q 37 06 7W4 01-I✓E ?)�2 P�/t-o1 YJ/S� -&-2-S3 ----y�--- 4, List and describe any other related permits and other public approvals required for this project, Including those required by city, regional,state and federal agencies: t/OaJC— 5. Existing general plan d.esignatiori: A 6 S. Existing zoning distrfct: ',4-12- 7. 27. How is land currently used? OV2 AJ 8. Proposed use of site (Project for which this form is filed): Project Description: 9. Site size: 75- ' .S-3 (AcreslSq. Feet) 10. Off-street parking spaces: Full size: __Compact: _Total: 1 It. Plans attached Yes—No — 12. Proposed development schedule 13. Associated projects 14. Anticipated incremental or phased development��v i V1 S 0A.) 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. 16. If commercial, Indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial,indicate type, estimated employment per shift, and loading facilities. 18. It institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 0 Butte County Department of Development Services 0 Planning OMsion 0 1 IAliV - lUU'L LC COU rI Ly P Iallr-IA rICf oJU bJ0 / /C3 h' . VO 19. If the project involves a variance, conditional use, rezoning application, or any development permits,state this and indicate clearly why the applicadon 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. — X 22. Change in pattern or character of general area of project _ X 23, Significant amounts of solid waste of litter. r 24. Change in dust,;ash, smokC fumes or odors In viclnity. _ X 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 vicin'cty. 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. , 0 Butte County Department of Development Services 0 Planning D'nrislon a 2 r Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, Including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects, Describe any etming structures on the site and the use of the stN c�tures. Attach pho raphs of the site. Sna hots or Polaroid photos will be accepted. LO,0� f t' T!1`!6L/ .e,��/7''/ .5''��?u Sc�+J' %!�€�-S� 15�00j 5o/C 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical,or scenic aspects. Indicate the type of land use (residential, commercial, etc.),intensity of land use (one-family, apartment houses,shops, department stores, etc.),,and scale of development(height, frontage',set-back, rear yard,etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. 9�;L}-Mg A5 Certification I hereby certify that the statements furnished above and in the attached exhPD is 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 andxorrect to the best"of my knowledge and belief. Date Si nature for K:1F O RMS\$U B MITTA UE NV-INF O I ❑ Butte County.Department of Development Services ❑ Planning Division ❑ 3 i -� -o LS CIadd ,C io - 01 -s o tj J S 1 o u - O / 0 08h- �S© 01lls� - (�3S0 �9O �t rYo�2s�ck,rr � �p Z ZOO - (007 1 H 10 - 0 t E2286 UM N019N I i8 7 Vv 7AVt� 3idWA- 10 S LTC S-IjUH31`J �S3i80�! v :SlliviS OTDi%f L9f=j 006 SS,O -13 TE926 J3 N31.83-lin3 ViSIr V830N1 6T31 81 ti F1I8019 `2 W WtiI-i-1IM T�..OSI88tSH iS(181 AIIWVJ N0SI88VH' d :SniviS 000 890 OOE SSO :13 16826 d'=! NOly3llA3 3.'A 8Q ViS I A ti83GV-1 OSL T 3N I NOS I88dH 83AYJ d :sniviS 000 86,0 00E SSO :13 .� 69656 V3 3SIQd8hd j Q8 21N3J EEE+ 181!308 AVMN03 O/J dl SJ3N18Vd 666T 310OVS 3WIl v :sniviS tC 00 2050 029 T+71�j :l3 SL206 V3 83A SO!V d 0H3NV8 3A DmiG WOlNbHd 81226 NV3t "2 53AiWA WVS8V8 v :Snivis 0-00 L80 OL+t i+710 :-13 L96S6 V3 3STGV8ti.J 86XOG0 `J 3NI8dHiVO :2 141M03 SSMine v :Sf11diS 000 6100, (,)L-i 1+20 �l3 LL 1176 V3 03SI3Nd83 NUS 00OOLL X03 0 d S3XVI 1J301 c 31ViS 38H 1d30 XVi 03 01813313 '? SV9 3I J I3dd -13 b9bSb a3 3S I Qti'Jt1`J - ; 80 em3 A81Nf103 T ISIS lV13 VS08 `^e ANV8J Cd8N0A b e sni.viS 000 210 OTE SSS?► :-13 1 0202=6 VO A081I9 18(103 A-1-10H 16471 VIS383H1 - 3lA:..i S3dAH 1413 VS08 :2 allMO`{ H :snivis !fOO I T O OTE 990 :13 9EEI6 V3 VCDS33 3Ati A31NIl 9899 2 � -1k)13 808I1 I {3NZS38 v :S(11diS ;%i;%O OTO 0TC 990 '13�j • w i EL: 055 480 009 000 STATUS: A EL; 055 310 015 0.00 STATUS: A MAYER MARSHALL S AkERS ROBERT H & IRIS L P 0 PDX 232 4534 SUNSET OAKS DR PARADISE CA 95967 PARADISE CA 95969 ' EL; 055 4861 y_11 o s%oo STATUS: A EL: 055 310 016 000 STATUS: A HAWfLEY KEDGE M & JAN M SORENSON WENDELL T 4934 LAGO VISTA WAY P 0 BOX 4209 PARADISE CA 95969 CHICO CA 95927 EL: 055 480 1311 000 STATUS: A EL: 055 310 017 000 STATUS: A ECKES HAROLD &: FRANCES E TRUST WILLIAMS LARRY T & JUDY C ECKES HAROLD & FRANCES E TRUSTEE 1103 EDEN BOWER LN P 0 BOX 7791 - REDWOOD CITY CA 94061 CHICO CA 95927 EL: 055 480 012 000 STATUS: A EL: 055 310 018 000 STATUS: A BARTLETT GARY J & JOANNE T ROBBINS REVOCABLE INTER VIVOS TR ROBBINS KEITH C & CATHERINE TRUS 1402 LAGO VISTA WAY 4509 SUNSET OAKS DR PARADISE CA 95969 PARADISE CA 95969 EL: 055 00 013 000 STATUS: A EL: 055 310 019 000 STATUS: A DIMENCO LOUIE J &: VT_RGIhIA E SWIG' LIVING TRUST ' SWICK JERRY L &: KATHLEEN M TRUST P 0 BOX 2054 4523 SUNSET OAKS DR SAN LEANDRO CA 94577 PARADISE CA 95969 EL: 055 480 014 000 STATUS: A EL: 055 310 021 000 STATUS: A SUHRIE GEORGE W &: MARION B FAMIL HELMICK RICHARD N (DEC'D) TRUST ; SUHRIE GEORGE W &: MARION B TRUST C/O KURTIS & MARY ANNE CARMAN 4954 LAGO VISTA WAY 1026 MAYETTE DR PARADISE CA 9:969 CHICO CA 95926-7747 ` EL: 055 480 015 000 STATUS: A EL: 055 310 022 000 STATUS: A JACOBS INTER VIVOS TRUST JACKSON HOMER C &: MARY JO JACOBS JOHN D & SHIRLEY O TRUSTE 4958 LAGO VISTA WY 4571 SUNSET OAKS DR PARADISE CA 95969 `. PARADISE CA 55969 EL: 055 430 016 000 STATUS: A HAWKINS RICHARD S E.TAL 4962 LAGO VISTA PARADISE _CA 95969 EL: 055 310 013 000 STATUS: A DIPPEL FAMILY TRUST DIPPEL JAMES G & PATRICE A TRUST p0BOX 21 MAGAL I A CA 95954 EL: 055 310 014 000 STATUS: A STUART LORINE ETAL 5619 'SAL I DA CIRCLE i -`ARADISE CA 9590 FnY Qof Document Recorded 15-Nov-1999 1999-0648055 COMPLETE THIS INFORMATION Has not been compared with RECORDING REQUESTED BY: original BUTTE COUNTY RECORDER Clerk of the Board of Supervisors WHEN RECORDED RETURN TO: Clerk of the Board 25 County Center Drive Oroville, CA 95965 Document Title(s): Resolution 99-140 Resolution for an Agreement Relating to Reclassification of Zone for Tibor Reszneki, Kyle Hypes, and Frank Konrad and Conditional Zoning Agreement THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) ResolUfion No. 99-140 RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR Tibor Reszneki, Kyle Hypes, and Frank Konrad BE IT RESOLVED AND ORDERED that the Chairman of the Board of Supervisors be and is hereby authorized and directed to execute an agreement on behalf of the County of Butte relating to reclassification of zoning with: TIBOR RESZNEKI, KYLE HYPES, and FRANK KONRAD and to do and perform everything necessary to carry out the purpose of this resolution. PASSED AND ADOPTED by the Butte County Board of Supervisors on the 28th day of September.,1999, by the following vote: AYES: Supervisors Beeler, Houx, Josiassen, Davis NOES: Chair Dolan ABSENT: None NOT VOTING: None A DOL , CHAIR :� But e County Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the oard Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this28thL!-ay of September1999, by and between "First Party", as identified in item(a)of Exhibit 1 of this Agreement, and the COUNTY OF BUTTE, a political subdivision of the State of California, herein called "Second Party". WITNESSETH WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described in Item (f) of Exhibit I of this Agreement; and WHEREAS, the Property is now zoned as specified in Item (b) of Exhibit 1; and WHEREAS, First Party has applied for a reclassification of zoning of the Property pursuant to which application the Property is being reclassified from its present classification to the classification or classifications specified in Item (c) of Exhibit 1; and WHEREAS, public hearings have been held upon said application before the Board of Supervisors of the County of Butte, State of California, and after having considered the matter presented, it has been determined that certain conditions to the zoning reclassification of said real property must be imposed so as not to create any problems inimical to the health, safety and the general welfare of the County of Butte. NOW,THEREFORE,IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification specified in Item (c) of Exhibit 1 is being granted, the said reclassification shall be subject to the conditions specified in the following paragraphs: 1. That Exhibit 1, as completed and attached hereto, is incorporated into and made a part of this Agreement with the same force and effect as if frilly set forth herein. 2. That First Party shall construct and comply with all the following conditions: 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 Planning Division in order to demonstrate the availability of a domestic water supply as part of the application for a tentative parcel map or tentative subdivision map: 1. The number*of water connections corresponding to the number of proposed parcels, up to a maximum of eighteen, shall be secured from the Del Oro Water Company. ?. A guarantee of service from the Del Oro Water Company shall be secured based upon the ability to provide adequate water supply from the proposed water main extension along Pentz Road. 3. The Butte County Environmental Health Department shall be provided with relevant tests and information that will support, to their satisfaction, that adequate groundwater availability exists in sufficient amounts corresponding to the number of proposed parcels up to a maximum of eighteen. 3. In the event First Party, any successor in interest of First Party, or any person in possession of the property described in Item (f) of Exhibit I violates or fails to perform any of the conditions of this Agreement within thirty (30) days after notice thereof as provided in Paragraph 5, the Board of Supervisors of Second Party may instruct the County Counsel of Second Party to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of Second Party may also initiate proceedings to rezone the property to the classification specified in Item (b) of Exhibit I or any other suitable classification. 4. Notice of violation of provisions of this Agreement shall be sent to First Party at the address specified in Item (d) of Exhibit 1 and to the street address of the property described in Item (d) of Exhibit 1. Any subsequent title holder, any lien holder, or party in possession of the property shall also receive notice of such violation at an address other than as specified in Item (d) of Exhibit 1 by filing with the Clerk of the Board of Supervisors of Second Party the address to which the notice is to be sent, with reference to this Agreement and the Resolution authorizing its execution. 5. In the event suit is brought by the County Counsel of Second Party to enforce any of the provisions of this Agreement, First Party agrees to pay to Second Party a reasonable sum to be fixed by the Court as attorney's fees. 6. - Each and every one of the provisions of this agreement herein contained shall bind and inure to the benefit of the successor in interest of each and every party hereto, in the same manner as if they had herein been expressly named. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. ^ Wlio, eszneki Kyle Hypes Frank Konrad I ALL-PURPOSE ACKNOWNDGMENT • State of C `� �O►r �.� County of Co S ky/l,(,e& On before me, � t�` 1 ��-� �� �`'✓,/`�Al Date Name and Title of Officer(e.g..'Jane Doe,Notary Public' personally appeared b y- ame(s)of Signer(s) 15 put sm ia#y-kfteWA-to4x�&— OR - �r proved to me on txie basis of satisfactory evidence to be the person whose namdo)L4ffe subscribed to the within instru nt and acknowl- edged to me thaWhshe/they executed the same in /her/their autho- rized capacity(' nd that b hi her/their signature on the instru- ment,the personal,or the ent) upon behalf of which the persor�m �1111111r1�f lilla�iliYl�����o��e��9aia� acted,executed the instrument. FATIMA SAHILL o COMM.#1181765 WITNESS my hand and official seal. N(MW PUBLIC-CALMRN A LOS ANGELES COUNTY My Commisslon Expires April 30,2002 s � Signature of Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document D Title or Type of Document:_ L O -V-L�� ( n C)t1 `�` ��► ( _ � )'�- Document Date: �' l� —/' 1. �1 �� Number of Pages:_ Signer(s)Other Than Named Above: 'v Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): . ❑ Partner-❑ Limited ❑ Gener ❑ Partner - ❑ Limited❑ eneral ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee " ❑ Guardian or Conservator ❑ Guardian or Conserv or OF SIGNER ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representi g: Signer Is Represen )ng: S0294CA(R01 06/98) 1994 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184.Canoga Park,CA 91309.7184 2. A guarantee of service from the Del Oro Water Company shall be secured based upon the ability to provide adequate water supply from the proposed water main extension along Pentz Road. 3. The Butte County Environmental Health Department shall be provided with relevant tests and information that will support, to their satisfaction, that adequate groundwater availability exists in sufficient amounts corresponding to the number of proposed parcels up to a maximum of eighteen. 3. In the event First Party, any successor in interest of First Party, or any person in possession of the property described in Item (f) of Exhibit I violates or fails to perform any of the conditions of this Agreement within thirty (30) days after notice thereof as provided in Paragraph 5, the Board of Supervisors of Second Party may instruct the County Counsel of Second Party to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of Second Party may also initiate proceedings to rezone the property to the classification specified in Item (b) of Exhibit I or any other suitable classification. 4. Notice of violation of provisions of this Agreement shall be sent to First Party at the address specified in Item (d) of Exhibit 1 and to the street address of the property described in Item (d) of Exhibit 1. Any subsequent title holder, any lien holder,or party in possession of the property shall also receive notice of such violation at an address other than as specified in Item (d) of Exhibit 1 by filing with the Clerk of the Board of Supervisors of Second Party the address to which the notice is to be sent, with reference to this Agreement and the Resolution authorizing its execution. 5. In the event suit is brought by the County Counsel of Second Party to enforce any of the provisions of this Agreement, First Party agrees to pay to Second Party a reasonable sum to be fixed by the Court as attorney's fees. 6. Each and every one of the provisions of this agreement herein contained shall bind and inure to the benefit of the successor in interest of each and every party hereto, in the same manner as if they had herein been expressly named. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ' Tibor R zneki i Kyl r 'VT ypes Frank Konrad CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of Ail County of On /99 before me DATE // NAME,TITLE OF OFFICER•E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared evlc NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personX whose name( is/cW subscribed to the within instrument and ac- knowledged to me that he/s#Wtpey executed the same in his/W/th�fidr authorized capacity(i64rz), and that by his/b4x/th*r signatureN on the instrument the person(, or the entity upon behalf of which the ........... person(sq acted, executed the instrument. RENEE P.URSINO Commislon 11186193 Notary PUbIIC-Callfomla WITNESS my hand and official seal. Saha Clara County My Comm.Fires JUM 5,2002 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. 'CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ❑ CORPORATE OFFICER TIT OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ElATTORNEY-IN-FACTNUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ------------------ ®1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 2. A guarantee of service from the Del Oro Water Company shall be secured based upon the ability to provide adequate water supply from the proposed water main extension along Pentz Road. 3. The Butte County Environmental Health Department shall be provided with relevant tests and information that will support, to their satisfaction, that adequate groundwater availability exists in sufficient amounts corresponding to the number of proposed parcels up to a maximum of eighteen. 3. In the event First Party, any successor in interest of First Party, or any person in possession of the property described in Item (f) of Exhibit I violates,or fails to perform any of the conditions of this Agreement within thirty (30) days after notice thereof as provided in Paragraph 5, the Board of Supervisors of Second Party may instruct the County Counsel of Second Party to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of Second Party may also initiate proceedings to rezone the property to the classification specified in Item(b) of Exhibit I or any other suitable classification. 4. Notice of violation of provisions of this Agreement shall be sent to First Party at the address specified in Item (d) of Exhibit 1 and to the street address of the property described in Item (d) of Exhibit 1. Any subsequent title holder,any lien holder, or party in possession of the property shall also receive notice of such violation at an address other than as specified in Item (d) of Exhibit 1 by filing with the Clerk of the Board of Supervisors of Second Party the address to which the notice is to be sent, with reference to this Agreement and the Resolution authorizing its execution. 5. In the event suit is brought by the County Counsel of Second Party to enforce any of the provisions of this Agreement, First Party agrees to pay to Second Party a reasonable sum to be fixed'by the Court as attorney's fees. 6. Each and every one of the provisions of this agreement herein contained shall bind and inure to the benefit of the successor in interest of each and every party hereto, in the same manner as if they had herein been expressly named. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. Tibor Reszneki Kyle Hypes Frank Konrad CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On October 29, 1999 before me, Shanna A Rodriguez, Notary Public , Date Name and Title of Officer personally appeared ***Frank Konrad*** Name of Signer proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the G instrument the person or the entity upon behalf of which SHANNA M.RODRIGUQ the person acted, executed the instrument. Commission# 1224465 , -. Notary.Public-Califomk3 WITNESS my hand and official seal. Orange County My Comm.Evies Jun 13,2003 ! u c OPTIONAL Description of Attached Document Title or Type of Document: Conditional Zoning Agreement Document Date: October 29. 1999 #of Pages 3 Signer(s) Other Than Named Above: None COUNTY OF BUTTE, a political subdivis' of the State of California glan, air unty Board of Supervisors Party" SEP 2 8 1999 ATTEST: Clerk of thAlarVbf Supervisors EXHIBIT 1 Agreement (a) "First Party", as used in this Agreement, includes each and all of the following: Tibor Reszneki,Kyle Hypes and Frank Konrad (b) The property is now zoned: AR-15 (Agricultural Residential, 2.5-acre Parcels) (c) The zoning reclassification of the property is from its present zoning to: AR-1 (Agricultural Residential, 1-acre Parcelsl (d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: 6626 Lindley Avenue Reseda, CA 91335, and 1491 Holly Street, Gilroy, CA 95029 (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: AR-1 (Agricultural Residential, l-acre Parcelsl (fj "Property", as used in this Agreement, includes: All that certain real property situate in the County of Butte, State of California, described as follows: All of the property lying within the bounds of Lots 2 and 3 as shown on that certain Map entitled, "Parcel Map of Phase II for Attila Kasza Et Al," which Map was recorded in the Office of the Recorder of the County of Butte, State of California, on July 2, 1993, in Book 129 of Maps at Pages 82 and 83. K:\PROJECTS\REZ\RESZNEKI.REZ\AGREE ORDINANCE NO. 3556 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AN AR-1 (ARRICULTURAL RESIDENTIAL) DISTRICT, PURSUANT TO SECTION 24-25.40. 1 2 The Board of Supervisors of the County of Butte, State of California, 3 under and pursuant to Section 24-25.40 of the Butte County Code of said County, 4 ORDAINS, as follows: 5 SECTION I. The hereinafter described area situate in the County of 6 Butte, State of California, shall be and it is hereby zoned as an AR-1 (Agricultural 7 Residential - 1 acre parcels) District, and such area shall be subject to the 8 9 restrictions and restricted uses and regulations pursuant to Butte County Code 10 Section 24-95. 11 Said area so zoned being located in the unincorporated area of Butte 12 County, Paradise area, more particularly described as follows: 13 All that certain real property situate in the County of Butte, State of 14 California, described as follows: 15 All of the property lying within the bounds of Lots 2 and 3 as shown on that certain Map entitled, "Parcel Map of Phase 11 for Attila Kasza 16 Et Al," which Map was recorded in the Office of the Recorder of the 17 County of Butte, State of California, on July 2, 1993, in Book 129 of Maps at Pages 82 and 83. 18 19 SECTION 2. This Ordinance shall be and it is hereby declared to be 20 in full force and effect from and after thirty (30) days after the date of its passage, 21 and before the expiration of fifteen (15) days after its passage, this 22 Ordinance shall be published once with the names of the members of the Board of 23 24 Supervisors voting for and against it in the Paradise Post, a newspaper published 25 in the County of Butte, State of California. 26 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 28thday of September , 1999, by the following vote: AYES: Supervisors Beeler, Houx, Josiassen, Davis NOES: Chair Dolan ABSENT: None NOT VOTING: None A E DOLAN, CHAIR Bu County Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Board 12 By eputy Pursuant to Government Code Section 25124(c) : Publication date - October 27, 1999 Effective date - November 26, 1999 u�O nt � -- LAND OF NATURAL W EALTH 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 www.buttecounty.net October 21, 1999 Tibor Reszneki 6626 Lindley Avenue Reseda, CA 91335 I RE: Rezone, File No. REZ 99-03 i Dear Mr. Reszneki: I I apologize for not getting back to you in a more timely manner. You have asked for a detailed accounting of time for your project (REZ 99-03). We did not keep those types of records for processing your application. As a result of your request and along with others, we have instituted a more detailed time tracking system for all projects whose fees are based on real time billing. Because we are unable to reconstruct the detailed billing records you have asked for, we will drop the request that you pay for the additional charges. If you have any further questions, please do not hesitate to call me. Again, thank you for your patience. Sincerely, PgZln ()) . Brian A. Larsen Principal Analyst BAL:jb Mate 10/20/99 • bevelopment Services DepOtment Time 3 :38 pm Applicant Billing Worksheet Page 1 REZ 99-03 * Tibor Reszneki, Kyle Hypes Frank Konrad 6626 Lindley Avenue Reseda, CA 91335 In reference to REZ 99-03 Rounding None Full Precision No Last bill / / Last aging Last charge 10/01/99 Last payment / / Amount $0 . 00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 01/11/99 Dan B. / P 0 . 25 14 . 75 #21180 Processing 59 . 00 01/11/99 Teri B. / C 2 . 00 68 . 00 #21212 Clerical 34 . 00 01/25/99 Larry P. / P 1 . 50 88 . 50 #21396 Processing 59 . 00 01/25/99 Steve L. / LR 0 . 50 29 . 50 #21439 LAFCo Review 59 . 00 02/08/99 Dan B. / P 2 . 50 147'. 50 #21570 Processing 59 . 00 02/22/99 Dan B. / P 0 . 50 29 . 50 #21847 Processing 59 . 00 03/08/99 Dan B. / P 0 . 75 . 44 .25 #22205 Processing 59 . 00 03/22/99 Dan B. / P 1 . 25 73 . 75 #22477 Processing 59 . 00 04/05/99 Dan B. / P 5 . 50 324 . 50 #22600 Processing 59 . 00 04/19/99 Dan B. / P 4 . 00 236 . 00 #22886 Processing 59 . 00 04/19/99 Dan B. / P 0 . 25 14 . 75 #22897 Processing 59 . 00 05/03/99 Dan B. / P 6 . 25 368 . 75 #23119 Processing 59 . 00 Date 10/20/99 •Development Services Depatment Time 3 :38 pm Applicant Billing Worksheet Page 2 REZ 99-03 * :Tibor Reszneki, Kyle Hypes (continued) Date/Slip# Description HOURS/RATE AMOUNT TOTAL 05/17/99 Lynn R. / C 0 . 50 22 . 50 #23370 Clerical 45 . 00 05/17/99 Dan B. / P 13 . 50 796 . 50 #23388 Processing 59 . 00 05/31/99 Dan B•. / P 8 . 00 472 . 00 #23695 Processing 59 . 00 06/14/99 Dan B. / P 9 . 00 531 . 00 #23952 Processing 59 . 00 06/28/99 Lara B. / C 0 :25 8 . 50 #24057 Clerical 34 . 00 06/28/99 Lynn R.' / C 0 . 50 22 . 50 #24233 Clerical 45 . 00 07/12/99 Dan B. / P 0 . 50 29 . 50 #24617 Processing 59 . 00 07/26/99 Dan B. /' P 1 . 25 73 . 75 #24686 Processing 59 . 00 09/06/99 Lynn R. / C 3 . 00 135 . 00 #25441 Clerical 45 . 00 09/20/99 Lynn R. / C 0 . 50 22 . 50 #25830 Clerical 45 . 00 TOTAL BILLABLE TIME CHARGES 62 . 25 $3 , 553 . 50 TOTAL BILLABLE COSTS $0 . 00 TOTAL NEW CHARGES $3 , 553 . 50 PAYMENTS/REFUNDS/CREDITS 01/12/99 Deposit - Receipt #16908 (607 . 26) 01/12/99 Deposit - Receipt #16910 (1, 012 . 07) Date 10/20/99 4ODevelopment Services Depa1!`ment Time 3 :38 pm Applicant Billing Worksheet Page 3 REZ 99-03 * :Tibor Reszneki, Kyle Hypes (continued) 01/12/99 Deposit - Receipt #16909 (202 .40) 01/12/99 Deposit - Receipt #16907 (178 . 25) 09/13/99 BOS Publishing Fee (75 . 00) 10/21/99 Departmental Write Off (1, 478 . 52) 1 TOTAL PAYMENTS/REFUNDS/CREDITS ($3 , 553 . 50) NEW BALANCE TOTAL NEW BALANCE $0 . 00 utte ount T L A N D O F NATURAL WEALTH A N D BEAUTY _ PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 September 29, 1999 . www.buftecounty.net Tibor Reszneki and Kyle Hypes/Frank Konrad 6626 Lindley Ave. 1491 Holly St. Reseda, CA 91335 Gilroy,CA 95029 Re: Rezone,File REZ 99-03,APN 055-310-010 and 011 Dear Gentlemen: At the regular meeting of the Butte County Board of Supervisors held September 28, 1999, Ordinance No. 3556 was adopted which rezones from AR-2.5 to AR-1 that property located south of the town of Paradise, at Linden Baum Lane and Pentz Road, approximately 'V2 mile north of the Pentz Road/Kunkle Res. Road intersection. Resolution 99-140 was also adopted approving a Conditional Zoning Agreement. )inclosed is the Agreement, please sign and notarize this Agreement and return it to the Clerk of the Board at 25 County Center Drive, Oroville, CA. The Agreement will be recorded and a copy sent to you for your records. For purposes of the California Environmental Quality Act a Notice of Determination must be filed. The Fish and Game fee for a Negative Declaration is twelve hundred fifty dollars ($1,250.00). The fee for the filing of the Notice of Determination is a$25.00 documentary handling fee.. Checks made payable to the Butte County Treasurer in the amount of$1,250.00 and$25.00 should be submitted to the Planning Division. Project applicants should be aware Section 21089(b)of the Public Resources Code,provides that any project approved under the CEQA is not operative,vested,or final until the filing fees required under Section 711.4 of the Fish and Game Code are paid. 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 C. Breedon at the Planning Division between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely O Daniel C. Breedon Senior Planner Ar cc: Sierra West Surveying Suite ount L A N D O F NATURAL WEALTH A N D BEAUTY y w PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 www.buttecounty.net September 13, 1999 Tibor Reszneki 6626 Lindley Ave. Reseda, CA 91335 Re: Rezone, AP 055-310-010, 011, and 012, REZ 99-03 Dear Gentlemen: The Clerk of the Board of Supervisors set public hearing for September 28, 1999, at 11:00 a.m. to consider your application for a Rezone from AR-2.5 (Agricultural Residential- 2.5 acres)to AR1 (Agricultural Residential -1 acre), on three parcels totaling 75.53 acres south of the town of Paradise, at Linden Baum Lane and Pentz Road, approximately Y2 mile north of the Pentz Road/Kunkle Res. Road intersection. 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 C. Breedon at this Office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, LynRichardson Planning/Administrative Support Service Assistant /Ir cc: Kyle Hypes and Frank Konrad -7e T",f TOTAL PUBLIC PUBLIC ENV. NOE/NOD NO RECEIVED SALES -U DATE RECEIPT WORKS LAFCO PLANNING HEALTH FIRE F?G FEE OTHER 0 APPLICANT RECEIVE-n FROM 1. RECEIPT 1786*5 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA cl, OFFICE OF PLANNING Is � ' P i f �p �.A 7-q l(f� i p ':7J �: , �� �. �;, _-� �n J ' a m S e c u r i I e n h a n c e d d a c u m.e o f S'e e e h a e k o r d ha I I a "% .T J ENGINEERING: N/y ``�/2089,r '6626 11NDLEY AVE.-(818)342-0306. 22. RES EDA,CA 91335 429'c AT PAY TO THE ORDER OF. L) �1v 0 d d�r �.ad.d �\��.�t it ,�. ,� � ''�� a�F> �e �.` ✓ . �� .� s ���+ r 4 !. -1+�. >��+��1`l ,/a�` .•�1�. e -ti�\ '"swat'..: OLLAR.S\B�,,.m�., Bank of Amer at' (41e)884-8200 Tarzana Branch#042 �• �� �`o+�V����� �+'r�•'�.A'/y ��1'��t�� 18337 Ventura Boulevard Tarzana,CA 91368 _ '�• ./��a�'�r a` r v° �a< < c,•♦ ® FOR — .' '` +�•�; �. 00 20890 �: 12 200066 L�:• -04 296111 L-L�L53ii',1� ..-- -- -.... . . _.. __._ ..�:� r.. ::_- �-. _... . . -. ..tip.:r.., :...•.....r... .-..-—.:..- .';_'- -:.n..v:"'- ,. .ti.. _•��-_�1.-..... .........:..- ... .... �-..Tom -79K-79K -76� RECEIPT TOTAL PUBLIC PUBLIC ENV. /N NOEOD DATE NO. RECEIVED WORKS LAFCO PLANNING SALES HEALTH FIRE F/G FEE OTHER APPLICANT RECEIVED FRO RECEIPT 17865 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING � ISSU D BV I Sierra West Surveying 5437 Black Olive Drive Memo Paradise, CA 95969 (530) 877-6253 Fax (530) 877-6254 September 10, , 1999 Dan Breedon JOB 7431 County of Butte APN 55-31-10, 11, 12 PLANNING DEPARTMENT Reszneki, Hypes & Konrad 7 County Center Drive ** Rezone Oroville, California 95965 Dear Dan: Attached please find the revised legal description for the above mentioned project . Should you have any' questions regarding this matter, please call or write . Sincerely, Kay E.(—'Manley SIERRA WEST SURVEY /KEM C:\WpData\Office\Reszneki8.mem Planning Division SEP 1 31999 ®rovi69o,Caftrnia September 8, 1999 DESCRIPTION All that certain real property situate in the County of Butte, State of California, described as follows : All of the property lying within the bounds of Lots 2 and 3, as shown on that certain Map entitled, "Parcel Map of Phase II for. Attila Kasza Et All' , which Map was recorded in the Office of the Recorder of the County of Butte, State of California, on July 2, 1993, in Book 129 of Maps at pages 82 and 83 . Al N10. 4010 4� f Robert G. Agee, Ji. L.S . 4010 Registration Expires 6/30/00 Planning Division SEP 1 31999 ®rovilla,CaiifOrnia 7431Reszneki.D-1 EDate 08/11/99 •Development Services Depatment Time 9 : OO . am Applicant Billing Worksheet Page 1 REZ 99-03 Tibor Reszneki, Kyle Hypes Frank Konrad 6626 Lindley Avenue Reseda, CA 91335 In reference to REZ 99-03 Rounding None Full Precision No I Last bill / / Last aging Last charge 08/06/99 Last payment / / Amount $0 . 00 I Date/Slip# Description HOURS/RATE AMOUNT TOTAL 01/11/99 Dan B. / P 0 . 25 14 . 75 #21180 Processing 59 . 00 01/11/99 Teri B. / C 2 . 00 68 . 00 #21212 Clerical 34 . 00 01/25/99 Larry P. / P 1 . 50 88 . 50 421396 Processing 59 . 00 01/25/99 Steve L. / LR 0 . 50 29 . 50 #21439 LAFCo Review 59 . 00 02/08/99 Dan B. / P 2 . 50 147 . 50 #21570 Processing 59 . 00 02/22/99 Dan B. / P 0 . 50 29 . 50 #21847 Processing 59 . 00 03/08/99 Dan B. / P 0 . 75 44 . 25 #22205 Processing 59 . 00 03/22/99 Dan B. / P 1 . 25 73 . 75 #22477 Processing 59 . 00 04/05/99 Dan B. / P 5 . 50 324 . 50 #22600 Processing 59 . 00 04/19/99 Dan B. / P 4 . 00 236 . 00 422886 Processing 59 :00 04/19/99 Dan B. / P 0 . 25 14 . 75 #22897 Processing 59 . 00. 05/03/99 Dan B. / P 6 . 25 368 . 75 #23119 Processing 59 . 00 Date 08/11/99 eevelopment Services Department Time 9 : 00 am Applicant Billing Worksheet Page 2 REZ 99-03 :Tibor Reszneki, Kyle Hypes (continued) Date/Slip# Description HOURS/RATE AMOUNT TOTAL 05/17/99 Lynn R. / C 0 . 50 22 . 50 #23370 Clerical 45 . 00 I 05/17/99 Dan B. / P 13 . 50 796 . 50 #23388 Processing 59 . 00 05/31/99 Dan B. / P 8 . 00 472 . 00 #23695 Processing 59 . 00 06/14/99 Dan B. / P 9 . 00 531 . 00 #23952 Processing 59 . 00 06/28/99 Lara B. / C 0 . 25 8 . 50 #24057 Clerical 34 . 00 06/28/99 'Lynn R. / C 0 . 50 22 . 50 424233 Clerical 45 . 00 07/12/99 Dan B. / P 0 . 50 29 . 50 , #24617 Processing 59 . 00 07/26/99 Dan B. / P 1 . 25 73 . 75 #24686 Processing 59 . 00 TOTAL BILLABLE TIME CHARGES 58 . 75 $3 , 396 . 00 TOTAL BILLABLE COSTS $0 . 00 TOTAL NEW CHARGES $3 , 396 . 00 PAYMENTS/REFUNDS/CREDITS 01/12/99 Deposit - Receipt #16909 (202 . 40) 01/12/99 Deposit - Receipt #16908 (607 . 26) 01/12/99 Deposit - Receipt #16907 (178 . 25) 01/12/99 Deposit - Receipt #16910 (1, 012 . 07) TOTAL PAYMENTS/REFUNDS/CREDITS ($1, 999 . 98) Date 08/11/99 •Development Services Department ' Time 9 : 00 am Applicant Billing Worksheet Page 3 REZ 99-03 :Tibor Reszneki, Kyle Hypes (continued) NEW BALANCE New Current period 1, 396 . 02 TOTAL NEW BALANCE $1, 396 . 02 A Date Oi/11%99 a *Development Services De nent r r Time 9 : 06 am Applicant Billing Worksheet Page 1 REZ 99-03 Tibor Reszneki, Kyle Hypes Frank Konrad 6626 Lindley Avenue Reseda, CA 91335 In reference to REZ 99-03 Rounding None Full Precision No Last bill / / Last aging Last charge 08/06/99 Last payment / / Amount $0 . 00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 01/11/99 Dan B. / P 0 . 25 14 . 75 #21180 , Processing 59 . 00 01/11/99 Teri B. / C 2 . 00 68 . 00 #21212 Clerical 34 . 00 01/25/99 Larry P. / P 1 . 50 88 . 50 #21396 Processing 59 . 00 01/25/99 Steve L. / LR 0 . 50 29 . 50 #21439 LAFCo Review 59 . 00 02/08/99 Dan B. / P 2 . 50 147 . 50 #21570 Processing 59 . 00 02/22/99 Dan B. / P 0 . 50 29 . 50 #21847 Processing 59 . 00 03/08/99 Dan B. / P 0 . 75 44 . 25 #22205 Processing 59 . 00 03/22/99 Dan B. / P 1 . 25 73 . 75 #22477 Processing 59 . 00 04/05/99 Dan B. / P 5 . 50 324 . 50 #22600 Processing 59 . 00 04/19/99 Dan B. / P 4 . 00 236 . 00 #22886 Processing 59 . 00 04/19/99 Dan B. / P 0 .25 14 . 75 #22897 Processing 59 . 00 05/03/99 Dan B. / P 6 . 25 368 . 75 #23119 Processing 59 . 00 Date 06/1:C-199 Services De anent *DevelopmentP Time 9 : 06 am Applicant Billing Worksheet Page 2 REZ 99-03 :Tibor Reszneki Kyle Hypes continued Y YP (continued) Date/Slip# Description HOURS/RATE AMOUNT TOTAL 05/17/99 Lynn R. / C 0 . 50 •22 . 50 #23370 Clerical 45 . 00 05/17/99 Dan B. / P 13 . 50 796 . 50 #23388 Processing 59 . 00 05/31/99 Dan B. / P 8 . 00 472 . 00 #23695 Processing 59 . 00 06/14/99 Dan B. / P 9 . 00 531 . 00 #23952 Processing 59 . 00 06/28/99 Lara B. / C 0 . 25 8 . 50 #24057 Clerical 34 . 00 06/28/99 Lynn R. / C 0 . 50 22 . 50 #24233 Clerical 45 . 00 07/12/99 Dan B. / P 0 . 50 29 . 50 #24617 Processing 59 . 00 07/26/99 Dan B. / P 1 . 25 73 . 75 #24686 Processing 59 . 00 TOTAL BILLABLE TIME CHARGES 58 . 75 $3 , 396 . 00 TOTAL BILLABLE COSTS $0 . 00 TOTAL NEW CHARGES $3 , 396 . 00 PAYMENTS/REFUNDS/CREDITS 01/12/99 Deposit - Receipt #16909 (202 . 40) 01/12/99 Deposit - Receipt #16908 (607 . 26) 01/12/99 Deposit - Receipt #16907 (178 . 25) 01/12/99 Deposit - Receipt #16910 (1, 012 . 07) TOTAL PAYMENTS/REFUNDS/CREDITS ($1, 999 . 98) i Date 0 �/11f99 *evelopment. Services Department Time 9 : 06 am Applicant Billing Worksheet Page 3 REZ 99-03 :Tibor Reszneki, Kyle Hypes (continued) NEW BALANCE New Current. period 1, 396 . 02 TOTAL NEW BALANCE $1, 396 . 02 r - _ utte u t L A N.D O F NATURAL WEALTH AND BEA U T Y Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES c.f ~' 7 COUNTY CENTER DRIVE OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 www.buffecounty.net August 9, 1999 Tibor Reszneki 6626 Lindley Avenue Reseda, CA 91355 Kyle Hypes and Frank Konrad 1491 Holly Street Gilroy, CA 95029 Subject: Rezone 99-03 Dear Sirs: On July 13, 1999 you were sent a letter indicating that additional funds were necessary to cover costs associated with processing this rezone. This amounted to $2,036. 77. We have received payment of $75.00 to cover the cost of publication of hearing notices. This leaves $1961.77 yet to be submitted. Your project will be placed on the Board of Supervisors' agenda for September 14, 1999. Failure to submitt.the $1961.77 due the County prior to this time will result in a collection action. Thank you for your immediate attention,to this matter. S• Daniel C. Breedon Senior Planner cc: Sierra West Surveving K:\PROJECTS\REZ\RESZ\IEKI.REZU L,\IITATI.LTR LAND OF NATURAL WEALTH AND BEAUTY s_. PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 June 29, 1999 FAX: (530)538-7785 www.buttecounty.net Tibor Reszneki and Kyle Hypes/Frank Konrad 6626 Lindley Ave. 1491 Holly St. Reseda, CA 91335 Gilroy, CA 95029 RE: Rezone, REZ 99-03, 055-310-010, 011, and 012 REVISED.LETTER Dear Gentlemen: At the regular meeting of the Butte County Planning Commission held June 14, 1999, your request for Rezone from AR-2.5 (Agricultural Residential- 2.5 acres) to ARI (Agricultural Residential-1 acre), on three parcels totaling 75.53 acres for property located south of the town of Paradise, at Linden Baum Lane and Pentz Road, approximately %Z mile north of the Pentz Road/Kunkle Res. Road intersection was recommended for approval. A report of the Planning Commission's recommendation will be made to the Clerk of the.Board of Supervisors. Pursuant to the provisions of Butte County Code Section 3-44 f, an estimated publishing fee of the rezone ordinance shall be deposited with the Planning Division prior to setting a public hearing. Your rezone ordinance has been reviewed and the estimated cost of publication is $75.00. Accordingly, we request that you forward your check for$75.00, to Planning, 7 County Center Drive, Oroville, CA 95965. Please make the check payable to the "Butte County Treasurer." Upon receipt of the monies the Clerk of the Board will be asked to set a public hearing and you will be notified of the date and time. Should you have any questions regarding this matter,please contact Brian Larsen at 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 Sierra West Surveying r Date 07/12/99 Development Servicl. Pepartment Time 11-45 am Applicant Billing Worksheet Page 1 REZ 99-03 Tibor Reszneki, Kyle Hypes Frank Konrad 6626 Lindley Avenue Reseda, CA 91335 In reference to REZ 99-03 Rounding None Full Precision No Last bill / / Last aging Last charge 06/25/99 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT •TOTAL 01/11/99 Dan B. / P 0.25 14.75 #21180 Processing 59.00 01/11/99 Teri B.. / C 2.00 68.00 #21212 Clerical 34.00 01/25/99 Larry P. / P 1.50 88.50 #21396 Processing 59.00 01/25/99 Steve L. / LR 0.50 29.50 #21439 LAFCo Review 59.00 02/08/99 Dan B. / P 2.50 147.50 #21570 Processing 59.00 02/22/99 Dan B. / P 0.50 29.50 #21847 Processing 59.00 03/08/99 Dan B. / P 0.75 44.25 422205 Processing 59.00 03/22/99 Dan B. / P 1.25 73.75 #22477 Processing 59.00 04/05/99 Dan B. / P 5.50 324.50 #22600 Processing 59.00 04/19/99 Dan B. / P 4.00 236.00 422886 Processing 59.00 04/19/99 Dan B. / P 0.25 14.75 #22897 Processing 59.00 05/03/99 Dan B. / P 6.25 368.75 #23119 Processing 59.00 Date 07/12/99 Development Servic#,.partment Time 11:45.am Applicant Billing Worksheet Page 2 REZ 99-03 :Tibor Reszneki, Kyle Hypes (continued) Date/Slip# Description HOURS/RATE AMOUNT TOTAL 05/17/99 Lynn R. / C 0.50 22.50 #23370 Clerical 45.00 05/17/99 Dan B. / P 13.50 796.50 423388 Processing 59.00 05/31/99 Dan B. / P 8.00 472.00 #23695 Processing 59.00 06/14/99 Dan B. / P 9.00 531.00 423952 Processing 59.00 TOTAL BILLABLE TIME CHARGES 56.25 $3,261.75 TOTAL BILLABLE COSTS $0.00 TOTAL NEW CHARGES $3,261.75 PAYMENTS/REFUNDS/CREDITS 01/12/99 Deposit - Receipt 416909 (202.40) 01/12/99 Deposit - Receipt #16908 (607.26) 01/12/99 Deposit - Receipt 416907 (178.25) 01/12/99 Deposit - Receipt #16910 (1,012.07) TOTAL PAYMENTS/REFUNDS/CREDITS ($1,999.98) NEW BALANCE i New Current period 1,261.77 TOTAL NEW BALANCE $1,261.77 LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES ` `r''`• 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 June 29, 1999 FAX: (530) 538-7785 www.buttecounty.net Tibor Reszneki and Kyle Hypes/Frank Konrad 6626 Lindley Ave. 1491 Holly St. Reseda, CA 91335 Gilroy, CA 95029 RE: Rezone, REZ 99-03, 055-310-010, 011, and 012 REVISED.LETTER Dear Gentlemen: At the regular meeting of the Butte County Planning Commission held June 14, 1999, your request for Rezone from AR-2.5 (Agricultural Residential- 2.5 acres) to ARI (Agricultural Residential -1 acre), on three parcels totaling 75.53 acres for property located south of the town of Paradise, at Linden Baum Lane and Pentz Road, approximately %mile north of the Pentz Road/Kunkle Res. Road intersection was recommended for approval. A report of the Planning Commission's recommendation will be made to the Clerk of the Board of Supervisors. Pursuant to the provisions of Butte County Code Section 3-44 f, an estimated publishing fee of the rezone ordinance shall be deposited with the Planning Division prior to setting a public hearing. Your rezone ordinance has been reviewed and the estimated cost of publication is $75.00. Accordingly, we request that you forward your check for$75.00, to Planning, 7 County Center Drive, Oroville, CA 95965. Please make the check payable to the "Butte County Treasurer." Upon receipt of the monies the Clerk of the Board will be asked to set a public hearing and you will be notified of the date and time. Should you have any questions regarding this matter,please contact Brian Larsen at 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 Sierra West Surveying BUTTE COUNTY CLERK OF THE BOARD USE ONLY BOARD OF SUPERVISAS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: AGENDATITLE: Tibor Reszneki — Rezone Report to the Board,. DEPARTMENT: DDS, Planning Divi DTE: 6/28/99 MEETING DATE REQUESTED: 7/13199 CONTACT: Dan Breedon PHONE: 7601 REGULAR CONSENT % DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: SUMMARY: Pursuant to Government Code, the Planning Commission is required to make a report to the Board regarding their recommendation on all rezones. Therefore, in accordance with the Government Code, the Planning Commission held a hearing on REZ99-03, for Tibor Reszneki/Kyle Hypes/Frank Konrad proposing to rezone frons AR-1.5 (Agricultural Residential - 2.5 acre parcels) to AR-1 (Agricultural Residential - 1 acre parcels. The Planning Commission is recommending approval of this project. A Board.of Supervisors hearing will be held at a future date, at which time the Board will act on the Commission's recommendation. ACTION REQUESTED: Accept for information. I AGENDA ITEM SUBMITTAL REQUIRES THE ORIGINAL AND NINE (9) COPIES ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No CAO OFFICE USE ONLY If yes,complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No Administrative Office Review If yes,complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline) Will Proposal Require an Agreement: Yes No 415'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 No Describe: Rezone report Rev.V98 ,SPE?�.rL INSTRUCTIONS TO CLEI.r.r Number of originals required to be returned to Department: a ' *'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/Funding 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 day prior 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 w ' PLANNING COMMISSION ACTION REPORT APPLICANT: Tibor Reszneki and Kyle Hypes/Frank Konrad OWNER: same REQUEST: Rezone from AR-2.5 (Agricultural Residential- 2.5 acres) to AR1 (Agricultural Residential-1 acre), on three parcels totaling 75.53 acres FILE #: REZ 99-03 LOCATION: South of the town of Paradise, at Linden Baum Lane and Pentz Road, approximately%Z mile north of the Pentz Road/Kunkle Res.Road intersection ACREAGE: 75.53 acres PLANNING COMMISSION FINDINGS: A. Recommend the Board of Supervisors adopt a Mitigated Negative Declaration with the following findings: 1. 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. 2. 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. B. This project will have an impact to fish and/or wildlife habitat. Department of Fish and Game fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5 are required. C. Approve Rezone 99-03 subject to the condition listed in Exhibit "A" with the following findings: 1. The project is consistent with the conditional zoning criteria under the Agricultural Residential General Plan designation as supported by the following: I a. Condition #1 requires that a conditional zoning agreement be recorded specifying that domestic water supply be provided prior to subdivision and development of the property. b. The soil conditions indicate that the property is capable of on-site sewage disposal. C. The property is located in proximity to other similar-sized 'residential developments. d. Future development will 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. e. The property is provided with access by Pentz Road, an improved County road with a level of service that allows for unrestricted flow of traffic with only minor delays to vehicles. f. Commercial services and schools are available within reasonable distance from the property. 2. General Plan Policy 1.6a indicates that the County must attempt to coordinate government plans with other jurisdictions. This rezone is inconsistent with the Town of Paradise's OS/AG (Open Space/Agricultural) prezone designation. This inconsistency is an existing condition which occurred when the Town of Paradise implemented its prezone designation and 1994 General Plan. The County's Agricultural Residential General Plan designation and Agricultural-Residential zoning district was not adopted by the Town at that time. General Plan Policy 1.6a does not preempt the jurisdiction of the County's current General Plan designation or zoning.This inconsistency can best be addressed by coordination of future County and Town plans in this area. A Conditional Zoning Agreement shall be executed and recorded with the Butte CountyRecorder between the property owner and County of Butte indicating the following condition: 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 Planning Division in order to demonstrate the availability of a.domestic water supply as part of the application for a tentative parcel map or tentative subdivision map: A. The number of water connections corresponding to the number of proposed parcels, up to a maximum of eighteen, shall be secured from the Del Oro Water Company. B. A guarantee of service from the Del Oro Water Company shall be secured based upon the ability to provide adequate water supply from the proposed water main extension along Pentz Road. C. The Butte County Environmental Health Department shall be provided with relevant tests and information that will support, to their satisfaction, that adequate groundwater availability exists in sufficient amounts corresponding to the number of proposed parcels up to a maximum of eighteen. VOTE: 3-1-1 AYES: Commissioners Cage and Mooney, and Vice Chairman Nelson NOES: Commissioner Lambert ABSENT: Chairman Leland ABSTAINED: No one DATE OF LAST HEARING WITH PLANNING COMMISSION: June 24, 1999 K:\PROJECTS\REZ\RESZNEKI.REZ\REZONE.RPT I ' PARADISE POST DECLARATION OF PUBLICATION State of California County of Butte Declarant Says: That at all times herein mentioned Declarant is and was a resident of said County of Butte over the age of twenty-one years; not a party to nor interested in the within matter; that Declarant is now and was at all times herein mentioned the Legal Clerk of the Paradise Post, atri-weekly newspaper, which m '� ��r 1`(A ricultural Residen"; tothFehearingo Qfally�;t�;!yip"'t ; E COUNTY '+ :� 9 '' tial,-1 a acre.parcels),on'= 'the'�meetinglistet�>�bo�re�s�4'�M,; said newspaper was adjudged a newspaper of general 'tyyp' parcels'-~totaling'�+6rras'�may WconUnued circulation on November 12, 1946, by Superior ' � ' 18.48.acres.ThepToper- to,a`later date�Wpbn} `} z; y 'ty.is.locatecl,south of the action�ttaken T1,111V 1 , Court Order No. 22262 as entered in Book 30 Page .. �•>. `. L • Notice is hereby given Town ,of Paradise at" Planning cortimission ally . �- 223 of said Court; and that said newspaper is printed -byl�tlie'*Butte iCounty Lindenbaum*usirleg# d�S`th61�pfoje fan, ppq; and published every Tuesday, Thursday and PaMinc� Commission a e,tl�?l�'lbadfiaeaPproXi= tn�ag. 1184 hf e } Saturday in Paradise in said County of Butte; and "pu$ic�hearingywilt be mately 1/2 mite north of ,XleAc,„of,4'tite; _and ,of he�"0WkTuesday, June ` the Peutz RoadlKuhkl%&OM Oz �a peak that the Notice Of Public Hearing +24,9999;af9 00•a m:in Res.�;Road intersectio ]t ,, _ i y; Butte County Plammna Commission the-Butte County,Board.a,oil Paradiseaarea APN,� challenthel;ab4ye Of Supervisors'StRoom�'.•055=31:0-01q,TAndr055= Appltcatlonsiri•courf',yQu ` Tibor Reszneki and Kyle Hypes/ Frank Konrad , Caunty':�Administration{ 310 011 (File iYREZ 99- b lY;mbsi� es°�'od 9 tit 209 99 Center, 25 County 203)(DB) "t x :: e, l} , e l ' ' T The'above mentioned someone`elswraised t ' Center Drive, Oroville, y �A�r a 'w, California,on the follow ' application, Initial Study, they. pulihc ahead g� W and map are'on file and `d escnbed'IrithisvF�9ti �F �y� , of which the copy annexed on the margin hereof is a 'nglliEM ON WHICH A N.-.available for Publicva6il tip.or-in",wnKe�°_ asf?Onai' ' true printed nted co was ubl i shed i n said newspaper NFrATIVE DECLABA • .'Ing at the office of-the; ,dance delivered}to the , r.•:' Eoun ti annin Cornmtssioll P Py, PTION•1NITH MITIGA ;. Butte•; ,•:. tY PI 9,". in the issues of )Services June 3. 1999 `•�DevelOQMan 8t Or prior-to;the pub i�C;,� ti y;i ARE=__ . Department," PTa ing* heating. i. .��"ti RONMENTAL' . sion ' 7 ,CQuritYw.-�'w ` ;THOMAS A:PARILO ° .HAVE 1EE REGOM_ ; .Center Drive, Ororma F-Cal stomia:"For'mforma 'DIRECTOR DEVELGP.,�, . ., and that such publication was made in the regular Cal , 9:00 am. -. Tibori tion call:(530)538;7601. +1 1MENT SERVICE#"``'.fw,F,, issues of said paper (and not in any supplemental Regzneki :;and„ Kyle,(Monday through edition or extra thereof). -Hypes/Frank Konrad,; Thu rsday,�8:00 a.m.,t0 '.June 3,.1999 . I declare under penalty of perjury that the foregoing Rezone from AR-2.5 4:00 P.M.)"bmtt dnin. 20999 (AgricuRural Residential-•, may,•, d , is true and correct. 2.5 acre parcels)to AR- kwnting at,any Ure pnor �slq°' , Executed on June 3 ,19 99 at P adise, California. Declarant • :� ; �. . ._.. Count LAN D OF NATURAL W E A L T H AN D BEAUTY + PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 www.buftecounty.net June 25, 1999 Tibor Reszneki and Kyle Hypes/Frank Konrad 6626 Lindley Avenue 1491 Holly Street Reseda, CA 91335 Gilroy, CA 95029 Re: Rezone, File REZ 99-03, APN 055-310-010, 011, and 012 Gentlemen: At the regular meeting of the Butte County Planning Commission held June 24, 1999, your request for rezoning from AR-2.5 to AR-1 for property located south of the Town of Paradise, at Linden Baum Lane and Pentz Road, Paradise, 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 Dan Breedon at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /Ir cc: Clerk of the Board Sierra West Surveying k:\forms\rezone.frrn County ;. u to LAND OF NATURAL W EA LTH AND BEAUTY PLANNING DIVISION 7�....» ": '•.;` `� DEPARTMENT OF DEVELOPMENT SERVICES ,,fit-,.,�.,,K. ,:::�..-,_.;-_,._,.• . 7 COUNTY CENTER DRIVE OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 June 17, 1999 www.buttecounty.net Tibor Reszneki and Kyle Hypes/Frank Konrad 6626 Lindley Ave. 1491 Holly St. Reseda, CA 91335 Gilroy, CA 95029 Re: Rezone,AP 055-310-010, 011, and 012, REZ 99-03 Dear Gentlemen: Enclosed is a copy of the Agenda Report concerning your application for a Rezone from AR-2.5 (Agricultural Residential- 2.5 acres) to ARI (Agricultural Residential -1 acre), on three parcels totaling 75.53 acres south of the town of Paradise, at Linden Baum Lane and Pentz Road, approximately %mile north of the Pentz Road/Kunkle Res.Road intersection. 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 June 24, 1999, at 9:00 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 C.Breedon of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Enc. cc: Sierra West Surveying j:\wpdocs\pclts\schedule.mrg BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT-JUNE 24, 1999 Applicant: Tibor Reszneki, Kyle Hypes, mile north of the Pentz Frank Konrad Road/Kunkle Reservoir Road intersection, in the Paradise File#: REZ 99-03 area. Request: This_is a proposal to rezone Parcel Size: 18.48-acres two is totaling 18.48 acres from AR-2.5 Zone date: 04-14-98 (Agricultural Residential, 2.5-acre parcels)to AR-1 Supervisor District: 4 (Agricultural Residential, 1- acre parcels). Applicable Regulations: Butte County Code Sections 24-25.20 through 24-25.45 G.P.: Agricultural Residential (Zoning Procedures) Zoning: AR-2.5 (Agricultural Attachments: Residential -2.5 acres) A. Del Oro Water Company Letter APN: 055-310-010, 055-310-011 B. Town of Paradise Letter C. Vicinity Map Location: The project is located south D. General Plan/Zoning Map of the Town of Paradise, at E. Initial Study Lindenbaum Lane and Pentz F. Exhibit Map Road, approximately one-half 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 water supply. PROJECT DESCRIPTION: The applicant is requesting an increase of density which would allow for 1-acre parcels with an approved subdivision map. The existing AR-2.5 zoning allows for the creation of seven, 2.5-acre parcels. This proposed rezone would allow the creation of a maximum of eighteen parcels,or eleven more than allowed under current zoning. The applicant owns a 57-acre parcel adjacent to the east. ■BUTTE COUNTY PLANNING COMMISSION ■AGENDA REPORT ■ JUNE 24, 1999 ■ PAGE 1 ■ The project site is currently undeveloped and consists of two parcels. Lindenbaum Road, an unimproved private road,has been roughed-in between the two existing parcels. The property slopes away from Pentz Road, gradually increasing to the east from 5 to 25 percent slope. The eastern boundary of the property is nearly level. This area contains a meadow and Kunkle Creek, which flows into Kunkle Reservoir. The habitat is a mix of Foothill Woodland, Chaparral, Valley Grassland, and Riparian types. Vegetation consists of a covering of dense manzanita and some pine trees. The property is classified as non-critical winter range for the Bucks Mountain Deer Herd. The soil is the stony phase of Aiken Clay Loam series, and has been determined to be suitable for on-site sewage disposal systems. ANALYSIS: Project Bac ground This area is characterized by the Butte County Environmental Health Department as unsuitable for on-site domestic wells. Limitations also exist with regard to public water service in this area. These limitations conflict with requirements of the General Plan which specify that water availability be determined prior to approval of land use decisions that allow for future development. The following sections discuss the applicable General Plan requirements,limitations of water in the area and staff s recommendation to provide a conditional zoning agreement requiring the provision of a water supply prior to subdivision and development of the property. General Plan Consistency The Land Use Element of the Butte County General Plan contains policies regarding the availability of water for future development activity. Land Use Element Policy 2.4d requires proof of adequate water supply for all new development, and Land Use Element Policy 3.2b requires that the County correlate residential densities to the availability of water. Additionally, the Agricultural Residential General Plan designation considers the proposed AR-1 (Agricultural Residential, 1-acre parcels) zone as conditionally consistent. In order to approve the rezone certain development criteria must be met, which includes evidence of adequate water availability. Water Supply The Butte County Environmental Health Department recommends that future parcels in this area be required to connect to a water service provider,since the area is a poor candidate for on-site domestic wells. The Del Oro Water Company(DOWC) indicates that 28 service connections are presently available on a first-come first-serve basis. Since this project could ultimately allow a subdivision map requiring 18 additional service connections, sufficient capacity currently exists. However, DOWC has not provided a guarantee that connections would be available in the future for this project. The applicant has not acquired any water service connections at this time. There are formidable constraints to providing additional water service to this area beyond the remaining 28 service connections. This area is supplied with public water from three main sources, groundwater from wells,surface water from Lake Oroville at Lime Saddle Marina,and surplus water from Stirling Bluffs Water Company supplied through Paradise Irrigation District lines. This project ■BUTTE COUNTY PLANNING COMMISSION ■AGENDA REPORT■ JUNE 24, 1999 ■PAGE 2 ■ • • is located in the far northern part of the service area. Due to its distance from DOWC's Lime Saddle Marina water supply, this area is limited in overall public water supply. The water company is attempting to establish new sources of water, but this has not been accomplished to date. A recent study, "Preliminary Engineering Report, Proposed Water Main Extension Along Pentz Road." completed in February 1999, describes the construction of a 13,200- foot water line with pump stations, storage tanks, and an expanded treatment facility. Implementation of the pipeline project would provide water service to all of the existing and potential parcels within the study area. However,implementation may take up to two years and may likely take longer due to funding constraints. Conclusions Regarding Water Supply Staff recommends that entitlement for water service be secured prior to subdivision and development because of the limitations of water supply in this area from both an entitlement and resource perspective, and the findings necessary regarding water availability under the General Plan. The execution of a conditional zoning agreement is recommended pursuant to Butte County Code Section 24-25.40(c). A conditional zoning agreement is permitted when the Board of Supervisors finds that conditions must be imposed so as to not create problems detrimental to the public health, safety and welfare. This agreement is also recommended as a mitigation due to significant impacts to Utilities/Service Systems and Land Use and Planning Sections of the Initial Study. The agreement would preclude the processing of a subdivision map until performance of one of the following is achieved: 1. The number of water connections corresponding to the number of proposed parcels, up to a maximum of eighteen, shall be secured from the Del Oro Water Company. 2. A guarantee of service from the Del Oro Water Company shall be secured based upon the ability to provide adequate water supply from the proposed water main extension along Pentz Road. 3. The Butte County Environmental Health Department shall be provided with relevant tests and information that will support,to their satisfaction,that adequate groundwater availability exists in sufficient amounts corresponding to the number of proposed parcels up to a maximum of eighteen. Surrounding Uses and Compatibility This rezone does not propose to change the Agricultural Residential zoning land use designation. No change in land use, aside from a decrease in parcel size, will occur as a result of this project. Surrounding General Plan designations include Low Density Residential to the north, Agricultural Residential to the west and east, and Public to the South. Corresponding land uses include the Madre De Oro Subdivision to the north, consisting of 1-acre parcels, the Canyon Ranch Estates Subdivision to the west, consisting of 1-acre parcels, undeveloped land to the east, and Kunkle Reservoir to the South. The proposed reduction in allowed parcel sizes from 2.5 to 1-acre parcels ■BUTTE COUNTY PLANNING COMMISSION ■AGENDA REPORT■ JUNE 24, 1999 ■PAGE 3 ■ is consistent with the densities of parcels adjacent to the west and north. If land is subdivided to the west the resulting subdivisions are likely to be at larger parcel sizes than 1-acre due to deer wintering range constraints and limitations posed to on-site sewage disposal from poor soil. Kunkle Reservoir is a private reservoir operated by Pacific Gas and Electric Company, and does not pose a compatibility problem with adjacent residential development. Local Comments The Town of Paradise indicates that the subject property is prezoned OS/AG (Open Space/Agricultural) by the 1994 Paradise General Plan and is located in the General Plan's secondary study area. The Town's OS/AG prezone designation is used for areas which will remain in their natural, primarily undeveloped state or be used for agricultural purposes. This prezoning does not become effective until the area is annexed to the Town. The Town states that the proposed rezone, if approved, would be inconsistent with the current Paradise General Plan. According to Town staff, this area is intended to remain as open space until such time that the Town can adopt specific planning criteria for the secondary study area. California Government Code Section 65300 allows the General Plan of a city or county to include any land outside its boundaries which, in the planning agency's judgment bears relation to its planning. General Plan Land Use Element Policy 1.6a indicates that jurisdictions must attempt to coordinate all government plans so that they are mutually supportive in all areas. In this instance, the Town of Paradise's prezone classification of Open Space/Agricultural conflicts with the current zoning of AR-2.5 (Agricultural Residential,2.5-acre parcels) and the proposed rezone to AR-1. The Town's prezone designation came into effect in 1994, after the implementation of the Agricultural Residential General Plan designation and Agricultural-Residential zoning in this area. It remains a policy decision for the Planning Commission to determine whether this existing inconsistency should have any effect on the current proposal. The Butte County General Plan states that the actual administration of zoning is limited to areas within current jurisdictional boundaries and that neither the County or incorporated cities maintain absolute authority to implement their General Plans throughout each other's planning areas. A finding of consistency with the Town of Paradise's prezoning designation is not necessary for project approval. 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 ■ BUTTE COUNTY PLANNING COMMISSION ■AGENDA REPORT■ JUNE 24, 1999 ■PAGE 4 ■ 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. This project will have an impact to fish and/or wildlife habitat. Department of Fish and Game fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5 are required. III. Approve Rezone 99-03 subject to the condition listed in Exhibit "A" with the following finding: 1. The project is consistent with the conditional zoning criteria under the Agricultural Residential General Plan designation as supported by the following: a. Condition #1 requires that a conditional zoning agreement be recorded specifying that domestic water supply be provided prior to subdivision and development of the property. b. The soil conditions indicate that the property is capable of on-site sewage disposal. C. The property is located in proximity to other similar-sized residential developments. d. Future development will 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. e. The property is provided with access by Pentz Road, an improved County road with a level of service that allows for unrestricted flow of traffic with only minor delays to vehicles. f. Commercial services and schools are available within reasonable distance from the property. 2. General Plan Policy 1.6a indicates that the County must attempt to coordinate government plans with other jurisdictions. This rezone is inconsistent with the Town of Paradise's OS/AG (Open Space/Agricultural) prezone designation. This inconsistency is an existing condition which occurred when the Town of Paradise implemented its prezone designation and 1994 General Plan. The County's ■ BUTTE COUNTY PLANNING COMMISSION ■AGENDA REPORT ■JUNE 24, 1999 ■PAGE 5 ■ I Agricultural Residential General Plan designation and Agricultural-Residential zoning district was not adopted by the Town at that time. General Plan Policy 1.6a does not preempt the jurisdiction of the County's'current General Plan designation or zoning.This inconsistency can best be addressed by coordination of future County and Town plans in this area. ■BUTTE COUNTY PLANNING COMMISSION ■AGENDA REPORT■ JUNE 24, 1999 ■PAGE 6 ■ EXHIBIT A A Conditional Zoning Agreement shall be executed and recorded with the Butte County Recorder ier and County of Butte indicating the following condition: 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 Planning Division in order to demonstrate the availability of a domestic water supply as part of the application for a tentative parcel map or tentative subdivision map: A. The number of water connections corresponding to the number of proposed parcels, up to a maximum of eighteen, shall be secured from the Del Oro Water Company. B. A guarantee of service from the Del Oro Water Company shall be secured based upon the ability to provide adequate water supply from the proposed water main extension along Pentz Road. C. The Butte County Environmental Health Department shall be provided with relevant tests and information that will support, to their satisfaction, that adequate groundwater availability exists in sufficient amounts corresponding to the number of proposed parcels up to a maximum of eighteen. ■BUTTE COUNTY PLANNING COMMISSION ■AGENDA REPORT ■ JUNE 24, 1999 ■ PAGE 7 ■ Vicinity Map of Pam e C16Dr J Project Location 46, REZ 99-03 APN 055-310-010, 011 &012 - \ J - H-C .. _ 1 Town of . aradise FR ` 1 --- Project Location r R-C FR-40 ' AR- Linde nbaum Lae •� AR 2 1/, AR 2 1/2 Kunlde`\ ':Reservoir``. PUD U . --- FR 20 O U U M 2000 0 2000 4000 6000 Feet BUTTE COUNTY PLANNING CONUMSSION Applicant: Reszneld,Hypes&Konrad Owner: Same Hearing Date: June 24, 1999 @ 9:00 am. 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'i:'fr'i? 1 }l{%^:'i .}/•}i.:!%. %....fv. �iif.. iiYi,i+':mil MM.r,.,?.�f�;::; :.;{,::�,. :�3.r,.;If.:.;`r}C:r.`r.ii< {•l�:#.>'"•'iii? ccr i M. > j4n.:.lf;..w!{.�Ii,{•,:,C:�,.,s}M�Yx, f 'f'�iv';>:;•.• 111 1 20DO 4000 .11N1 Feet BUTTE COUNTY PLANNING / ' I Applicant: Reill- ,d HypesKonrad 1 11- Hearing 1 1- •1/ 9:00 a.m. 1 1 1 ' 1 1 Supervisorial Request: Rezone 11- 1 / 11AR-2.5J 1 Residential, - 11 1 11 111 / District1 • ' • y I ' 1. 1 1 11 1 11 11Assessor1 055-310-010&0111 1 ! Development Services BUTTE COUNTY FEB Z 6 19M DEPARTMENT OF DEVELOPMENT SERVICES Qroville PLANNING DIVISION ,Caiifiomia TO: Bob Fortino FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 DATE: February 22,1999 CONTACT PERSON:Daniel C.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 from AR-2.5(Agricultural Residential-2.5 acres)to ARI (Agricultural Residential-1 acre,.),, on three parcels totaling 75.53 acres on property zoned AR-2.5 (Agricultural Residential-2.5 acresl located on south of the town of Paradise,at Linden Baum Lane and Pentz Road..a proximately'/ ile north of the Pentz Road/Kunkle Res.Road intersection,identified as APN 055-310-010, 011, and 012. Supervisorial District No.4• THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON May 13, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN 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): Although service is available to- the parcels at this time, there are only 28 connections (at $5,000 per connection) remaining in the north portion of the Lime Saddle District of Del Oro Water Company. As these are on a first-come first-serve basis, there is no guarantee for this developer. And, even if they acquire all 28 connections, any remaining services needed would have to come from the Lime Saddle Marina Area - the subject of a two-mile pipeline extension. el ro Water Company, Inc. By: Date: February 25, 1999 R BERT S. FORTINO, President 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 APR-02-1999 05:48 TOWN OF PARADISE P.02 RECSVED BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES NIAR 2 51999 PLANNING DIVISION iaWS of pp,Iyp,O►SE TO: Town of Paradise FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Tibor Reszneki and Kyle Hypes/Frank Konrad, DATE: March 24,1999 CONTACT PERSON:Daniel C.Breedon REZ 99-03 The Planning Division has received a project application for the property described below. The purpose of this cor nilent 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 Reznne from R-2-5(A fricullaral ReSidential- --5 aha) to Rl (A 'cnl Arai R ci gntial-1 aap) three„on hr p e totaling 7 11 oL=on property Zoned Alt- (AsOt'i ul .ral R identi9l-2 5 am s)located south of the town of Para ige, at Linden Rawn tang and Pem7 Road_ tri_ximatejy Y2 mile north of the Pellrr Rea X kl Res-Road inreree;,c_tion;identified as APN Q55-310-010.011 -,d 012. Supervisorial District No. 4. THIS rrEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X PIeiNNING COMMISStON DEVELOPMENT REVIEW COMMITTEE ON May 13, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN Apj2 ,1"9. If no comment.or communications are received by the above date,the assumption will be made thatyour agency has no comment. COUNIENTS(Attach additional pages if necessary): �l ' 1 6) 7A e, kLove- No � pt-y--ct Sr TC, iS TS.S SNec e- OACM SJ4rP //�cr�caL�r:L Ls-rJ use.- _dosi�•.e�.b �.: e /Ff'Y l� e, ?lsa ;rAa g reweC! "tc,%C c z wail-/d AC � 11 rJ�J�SiZlL� "',tit � G•.rre..7- �si[L5 Gt rraLi �f.�,�/. te.4 AWN of �Erc��� u�-,.•r4..,'y1� '4'.".It A «t eget; ` O.>r 0"r 4 v �fb�70�!'Lf �Y✓�`lO�•�►Prr7�E L !� By: Date: Co 7 County Center Drive -Oroville,California 95965 -530.538-7601 -FAX 530-538-7785 TOTAL P.02 ,...-.....-...-..":- �. .. � . 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H� h � Q w < i. 2 ' /►W I% for ...1 k• i�� `y t, i , c �. , � \ -h iI - . - 4 N p' ii - ,, f ..a f , y w -4 LL y "�> -_ ,I i. ,i .. - t , '0 ."S .%................ -..,............%,%........ ....M....... 0 .. mm....".. _ <; � s > count -r• LAND OF NATURAL WEALTH AND BEAUTY a: , •, ,, ; PLANNING DIVISION *s ' ` �'^•i^�"^:<w•:'` DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 Date: June 4, 1999 To: Responsible and Trustee Agencies Subject: NOTICE OF INTENT -.To Adopt a Proposed Mitigated Negative Declaration for Tibor Reszneki, Kyle Hypes and Frank Konrad, Rezone 99-03 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 June 24, 1999. 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. 1 Daniel C. Breedon Senior Planner cc: Sierra West Surveying Tibor Reszneki, Kyle Hypes and Frank Konrad Butte County Public Works Department, Land Development Division Butte County Environmental Health Department Butte County Local Agency Formation Commission Town of Paradise Del Oro Water Company California Department of Fish and Game California Department of Forestry Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: 1. Name of Proponent: Tibor Reszneki and Kyle Hypes/Frank Konrad 2. Address: 6626 Lindley Avenue, Reseda, CA 91355 Phone: 342-0306 3. Name of Proposal: Reszneki Rezone (REZ 99-03) 4. Type of Project: Rezone 5. Project Description: This is a proposal to rezone two parcels totaling 18.48 acres from AR- 2.5 (Agricultural Residential, 2.5-acre parcels) to AR-1 (Agricultural Residential, 1-acre parcels). The site is designated by the Land Use Element Map of the Butte County General Plan as Agricultural-Residential. The existing AR-2.5 zoning would allow for the creation of seven, 2.5-acre parcels. The applicant is requesting an increase of density to allow for 1-acre parcels. This would allow for eighteen total parcels, or eleven more than what is currently allowed. Since the project already consists of two existing parcels, a total of ten additional parcels would be allowed under this rezone. The specific environmental issues that may result from such 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 this increased density may impact the environment. 6. Location of project: The project is located south of the Town of Paradise, at Lindenbaum Lane and Pentz Road, approximately one-half mile north of the Pentz Road/Kunkle Reservoir Road intersection, in the Paradise area. 7. Setting: This property consists of two undeveloped parcels. Lindenbaum Road, an unimproved private road has been roughed-in between the parcels. The property slopes away from Pentz Road, gradually increasing to the east from 5 to 25 percent slope. The eastern boundary of the property is nearly level. This area contains a meadow and Kunkle Creek, which flows into Kunkle Reservoir. The habitat is a mix of Foothill Woodland, Chaparral, Valley Grassland, and Riparian types. Vegetation consists of a covering of dense manzanita and some pine trees. The property is classified as non-critical winter range for the Bucks Mountain Deer Herd. The soil is the stony phase of Aiken Clay Loam series, and has been determined to be suitable for on-site sewage disposal systems. Some refuse is present at the ❑ Butte County Department of Development Services 0 Planning Division ❑ 1 Project: Tibor Resmeki and Kyle Hypes/Frank Kotuad,REZ 99-03 end of Linenbaum Lane, which may be the result of illegal dumping. Lindenbaum Lane has been blocked by heavy boulders at its intersection with Pentz Road. 6. Assessor's Parcel Numbers: 055-310-010, 055-310-011 7. Date Checklist Submitted: June 4, 1999 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. X I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I 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. 0 Butte County Department of Development Services ❑ Planning Division ❑ 2 • Project: Tibor Rese —a yle H es/Frank Korvad,REZ 99-03 / 9 Prepared by: Daniel C. Breedon, Senior Planner Date Reviewed by: Randy Wilson, Principal Planner Date 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. 0 Aesthetics ❑ Agriculture Resources 0 Air Quality ❑ Biological resources ❑ Cultural Resources ❑ Geology/Soils 0 Hazards/Hazardous Materials ❑ Hydrology/Water Quality K Land Use/Planning ❑ Mineral Resources 0 Noise ❑ Population VHousing ❑ Public Services 0 Recreation ❑ Transportation/Traffic K Utilities/Service Systems K 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 Impaci" 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. ❑ Butte County Department of Development Services 0 Planning Division ❑ 3 • • Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 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: 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. I I I 0 Butte County Department of Development Services ❑ Planning Division ❑ 4 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact IV. ENVIRONMENTAL IMPACTS: 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 1t b) Substantially damage scenic resources including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X c) Substantially degrade the existing visual character or quality of the site and its surroundings? K 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 ten 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, these lights 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 ❑ Butte County Department of Development Services ❑ Planning Division ❑ 5 0 Project: Tibor Resmeki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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- agricultural use? X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 1t 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 a stony phase of the Aiken Clay Loam series 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: ❑ Butte County Department of Development Services 0 Planning Division ❑ 6 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact a) Conflict with or obstruct implementation of the applicable air quality plan? X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X 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 thresholds for ozone precursors)? X d)Expose sensitive receptors to substantial pollutant concentrations? X e) Create objectionable odors affecting a substantial number of people? X Response: a. - d. The proposed rezone would allow a density change from one unit per 2.5 acres to one unit per 1 acre, resulting in a potential of eighteen residential units on the 18.48 acres (a net increase of 10). Vehicle traffic generated by these new dwelling units will result in a cumulative impact on air quality created by the increased traffic generated and the use of wood burning devices. The Butte County Air Pollution Control Plan does not address the air quality impacts of small developments for possible mitigation measures, but does recommend particulate control strategies be implemented during construction. Future proposals to develop the land to the extent permitted by the rezone will require additional environmental review to assess the potential impacts and standard air quality control measures will be incorporated at that time. 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. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 7 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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. j Mitigation: None required. i. 4. BIOLOGICAL RESOURCES. Would the project.- a) roject.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? K d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery ❑ Butte County Department of Development Services ❑ Planning Division ❑ 8 w 0 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact sites? )t e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance. 1t f) 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: A botanical assessment (Survey for Sensitive, Rare, or Endangered Vascular Plants, Attila Kasza Property, Kingsley R. Stern, Ph.D., April 21, 199 1) of this area was conducted for the previous tentative parcel map that created the two parcels at this site. Two populations of opposite-leaved Calycadenia (Calycadenia oppositifolia) were found to be located in the proximity of Parcel 4 of the Kasza Parcel Map. One population is located in the meadow east of this project and the other is located on the east fringe of.the riparian zone of Kunkle Creek. The author indicates that the meadow area has a rich diversity of native flora and is not suitable for development. This meadow, nor the populations of Calycadenia are not present on the portion of this property proposed for rezone. However, the survey indicates that f area w f Kunkle Creek which is the area of this rezone development he ea est o t o , should include measures to prevent runoff from development, since this area is at an elevation that is above the meadow area. The proposed rezone would allow a density change from one unit per 2.5-acres to one unit per 1-acre resulting in a potential of ten 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 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 the sensitive riparian and meadow areas ❑ Butte County Department of Development Services ❑ Planning Division ❑ 9 i Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact to the east and down-gradient from this project. This review should include involvement of the California Department of Fish and Game, a Trustee Agency under CEQA. The property is within the Buck's Mountain 20-acre non-critical winter deer range and is also within a Designated Development Zone (DDZ) of the deer range. Parcels located within a DDZ are allowed to have the minimum parcel size permitted by the zoning. A request for comments on the project was sent to DFG, who did not object to the proposed rezone. However, a previous map included a notation requiring that no fencing or barrier be permitted along the project's eastern boundary to allow for deer herd access to water and avoid a barrier to deer herd migration. This provision should be brought forward as a mitigation for any future subdivision of this property. Because the change in zoning to AR-1 in and of itself will not cause any environmental impacts, no mitigations are recommend for project approval. 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? 1t c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? K 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 0 Butte County Department of Development Services ❑ Planning Division 0 10 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 ten additional homesites, construction of which may have an impact on archaeological sites. This potentially significant impact can best be assessed at the time an application is made for a land division. At that time, staff may require a pedestrian-level archaeological study. Mitigation: None required. 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: K 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. )t 2) Strong seismic ground Shaking? X 3) Seismic-related ground failure, including liquefaction? X 4) Landslides? X 0 Butte County Department of Development Services ❑ Planning Division 0 11 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact . 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? X 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? X 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 12 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 Project: Tibor Resmeki and Kyle Hypes/Frank Konrad,REZ 99-03 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 slight. No impact is anticipated. 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 moderate expansive soil designation. Typical residential construction techniques, when in conformance with the Uniform Building Code, can protect from structural damage caused by expansive soils. At the time of building plan checking for future improvements, the Butte County Building Division requires that soil tests be conducted on soils that have a potential for expansion. If it is determined that the project site contains such soils, the Building Division will ensure that appropriate measures are taken to prevent damage to structures from expansive soils. tiNo impact is anticipated. e. The Butte County Environmental Health Department indicates that soil investigations for this property indicate that usable areas were currently available for on-site sewage disposal systems for the two parcels. Future parcelization as a result of this rezone will be required to demonstrate areas suitable for on-site septic systems and additional soil tests will be required on a lot-by-lot basis prior to subdivision approval. Mitigation: None required. 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? 1t b) Create a significant hazard to the public or the environment through 0 Butte County Department of Development Services ❑ Planning Division 0 13 0 Project:-Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed schools? X 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 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 0 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 ❑ Butte County Department of Development Services ❑ Planning Division ❑ 14 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? �t 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 ten 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 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. S. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? 1t b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume ❑ Butte County Department of Development Services ❑ Planning Division ❑ 15 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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)? X 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 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? X 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 f) Otherwise substantially degrade water quality? X 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? _ X h) Place within a 100-year flood hazard area structures which would impede or ❑ Butte County Department of Development Services ❑ Planning Division ❑ 16 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact redirect flood flows? 1t 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? 1t j) Inundation by seiche, tsunami, or mudflow? X Response: a. - f. Future proposals to develop the land to the 1-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. Existing information provided by the Attila Kasza Botanical Study indicates that drainage from the rezone site must be prevented from entering the sensitive riparian areas and meadow east of this site. Additionally, the Butte County Land Development Division indicates that drainage is a major concern in this area due to the presence of environmentally sensitive areas. Environmental review of any future land division must address these concerns. b. The Butte County Environmental Health Department indicates that this area has poor water availability. Local wells range from approximately 300-800 ft. in depth according to information provided by the Environmental Health Department. Water production at these wells is shown to be sporadic. The Health Department is recommending that future subdivision of the property be required to connect to a public water supply. This requirement was noted as a condition on the Attila Kasza Parcel Map which created the two parcels subject to this rezone. If future development is required to connect to a public water supply no impact shall be incurred to the local groundwater supply. g. - i. The property is shown to be outside the area of the 500-year flood per Flood Insurance Rate Panel #06007C0575C, dated June 8, 1998. No impact shall be incurred. 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. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 17 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Mitigation: None required. 9. LAND USE AND PLANNING. Would the project? a) Physically divide an established community? K 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 an environmental effect? X c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X Rem: a. The project will not physically divide an established community. Development along this portion of Pentz Road has occurred primarily in a lateral progression bounded by the Town of Paradise to the north and State Highway 70 to the south. This has primarily occurred along developable portions of property on the east and west side of the Pentz Road. Improvement of this property would be in keeping with this trend. 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 AR-1 (Agricultural Residential, 1-acre parcels) Zoning District is shown to be a conditionally consistent zoning district by the General Plan. However, the project is within the Town of Paradise Sphere of influence. The Town of Paradise lies approximately 1-mile to the north of the project. It is the policy of the Butte County General Plan Land Use Element(Policy 1.6a)to attempt to coordinate all government plans so that they are mutually supportive in all areas. The Town of Paradise indicates that the subject property is pre-zoned as OS/AG(Open Space/Agricultural) Land Use Designation by the 1994 Paradise General Plan and is in the General Plan's 0 Butte County Department of Development Services 0 Planning Division 0 18 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact secondary study area. The Town indicates that the proposed rezone, if approved, would be inconsistent with the current Paradise General Plan. The OS/AG prezone designation is used for areas to remain in their natural, primarily undeveloped state or to be used for agricultural purposes. The site's value as agricultural land is limited due to the stoniness of the soil. The Town indicates that the area is intended to remain as open space until such time that the Town can adopt specific planning criteria for the secondary study area. The inconsistency in itself does not present a direct environmental effect. The Land Use Element of the Butte County General Plan contains policies regarding the availability of water for future development activity. Land Use Element Policy 2.4d requires proof of adequate water supply for all new development, and Land Use Element Policy 3.2b requires that the County correlate residential densities to the availability of water. Additionally, the Agricultural Residential General Plan designation considers the proposed AR-1 (Agricultural Residential, 1-acre parcels) as conditionally consistent. This means that in order to approve the rezone certain development criteria must be met, which includes evidence of adequate water availability. Several alternatives are available that would address consistency with the above- referenced General Plan Policies. A conditional zoning agreement could be enacted that would preclude the processing of a subdivision map until the water pipeline project is completed, or upon securing eighteen water connections, or upon demonstrating adequate groundwater availability to the Butte County Environmental Health Department. These alternatives are recommended as a project mitigation in the form of a conditional zoning agreement. Mitigation Measrure #1 A conditional zoning agreement shall be enacted that will preclude the processing of a subdivision map until the water pipeline project is completed, or upon securing eighteen water connections, or upon demonstrating adequate groundwater availability to the Butte County Environmental Health Department. C. The project site does not include a habitat conservation plan or natural community conservation plan. No impact shall be incurred. 0 Butte County Department of Development Services ❑ Planning Division ❑ 19 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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? X 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? 1t 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? K b) Exposure of persons to or generation of excessiveg roundborne 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 ❑ Butte County Department of Development Services ❑ Planning Division 0 20 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant .Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? �t 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 expose people residing or working in the project area to excessive noise levels? X 0 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? )t 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 Pentz Road will be heard. Future land division should take this noise source into account when siting 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. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 21 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X 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 2.5 acres to one unit per 1 acre, resulting in a potential of eighteen residential units on 18.48 acres. Since two parcels already exist, and six parcels are already permitted under the existing zoning, a total of ten additional parcels may be developed as a result of this rezone with the approval of a future land division. This project will have the potential to add an estimated 26 people to Butte County (10 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. 0 Butte County Department of Development Services ❑ Planning Division 0 22 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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? X b) Fire protection? x c) Police Protection? x d) Schools? X e) Parks? x f) Other public services? 1t Response: a. The proposed rezone may result in land divisions that would allow for ten additional homesites. Although this presents an incremental contribution to the impact on area services it is not considered significant enough to warrant specific mitigation. i b. The proposed rezone may result in land divisions that would allow ten 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 ❑ Butte County Department of Development Services ❑ Planning Division ❑ 23 Project: Tibor Resmeki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 ten additional homesites, which represents an incremental increase in the demand for school services 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 ten 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? X b) Does the project include recreational facilities or require the construction or ❑ Butte County Department of Development Services ❑ Planning Division ❑ 24 Project: Tibor Resmeki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant' No Impact Incorporated Impact Impact 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 ten new building sites in addition to the two existing and six 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 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)? X 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 ❑ Butte County Department of Development Services 0 Planning Division ❑ 25 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Result in inadequate emergency access? 1t 0 Result in inadequate parking capacity? X g) Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X Response: a - g. The property is served by Pentz Road, a major county road. According to the Butte County Master Environmental Assessment, 2,190 daily trips occurred on this section of Pentz Road in 1995, providing for a Level of Service (LOS) of "B." An LOS of "B" indicates unrestricted flow of traffic with only minor delays to drivers. The proposed rezone may contribute additional traffic related impacts. Upon subdivision of this site, a specific environmental review shall be conducted regarding the improvements necessary to private and public area roads. The Department of Public Works indicates that a future land division proposal may require a traffic study to assess traffic impacts prior to approval. 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 ❑ Butte County Department of Development Services ❑ Planning Division ❑ 26 Project: Tibor Resmeki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact significant environmental effects? X 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? X d)' Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X 0 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 ReVonse: 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 subdivision map is submitted for review. Additional mitigations may be necessary at that time to address any significant impacts. ❑ Butte County Department of Development Services 0 Planning Division 0 27 Project: Tibor Resmeki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact d. The proposed rezone may result in land divisions that would allow ten additional homesites in addition to the two existing and six potential building sites. A total of eighteen additional residential water service connections may be necessary provided that a subdivision map is approved and recorded for the full amount. The Butte County Environmental Health Department recommends that future parcels in the area be required to connect to a water service provider, since the area would be a poor candidate for on-site domestic wells. Local wells range from approximately 300-800 feet in depth according to information provided by the Environmental Health Department. Water production at these wells is shown to be sporadic. Groundwater levels are estimated to be at 350-feet, although there is evidence that very little water is available, even at this depth, and at least one 300-foot well dried up in years past (SHN Consulting Engineers and Geologists, February 1999). Additionally, the previous parcel map approved for Attila Kasza was recorded with a condition required by the Environmental Health Department that development of these parcels would require connection to a public water supply. The Del Oro Water Company indicates that 28 service connections are available on a first-come first-serve basis. Since this project could ultimately allow 18 additional service connections, sufficient capacity currently exists to allow for future subdivision of the property. However,Del Oro Water Company has not provided a guarantee that connections would be available in the future for this project. The applicant has not acquired any water service connections at this time. There are currently formidable constraints to providing additional water service to this area beyond the remaining 28 service connections. The Del Oro Water Company indicates that it serves that area previously encompassing the Lime Saddle Community Services District. This area is supplied with water from three sources, groundwater from wells, surface water from Lake Oroville at Lime Saddle Marina, and surplus water from Stirling Bluffs Water Company supplied through Paradise Irrigation District lines. This project is located in the far norther part of the service area. Due to its distance from the Del Oro Water Company's Lime Saddle Marina water supply, this area is especially.limited in overall water supply. The water company is attempting to establish new sources of water but this has not been accomplished to date. A recent study, "Preliminary Engineering Report, Proposed Water Main Extension Along Pentz Road," completed in February 1999, describes the construction of a 13,200-foot water line with pump stations, storage tanks, and an expanded treatment facility. Cost for this improvement has been estimated at 1.7 million dollars by the study. No money for the pipeline currently ❑ Butte County Department of Development Services ❑ Planning Division ❑ 28 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact exists. This infrastructure improvement would be necessary to provide additional service past the 28 water connections currently available in the northern part of the service area. Implementation of the pipeline project would provide water service to all of the existing and potential parcels within the study area. However, implementation may take up to two years and may likely take longer due to funding constraints. There are many parcels in the service area of the water company that have not been provided water service. A study for a bond measure that was proposed by Del Oro Water Company (which failed) indicates that Del Oro's Lime Saddle area provides service to 395 existing units. Based upon the Water Company's service area and the number of vacant parcels potentially allowed under zoning, 469 more service connections will be required, for a total of 864 connections, upon full build-out. Analysis provided by Butte County Department of Development Services Geographic Information Systems indicates that the service area encompasses 420 existing parcels, of which 244 are developed. (The actual number of service connections is more than the number of developed parcels because some parcels may have multiple connections.) Because of the limitations of water supply in this area from both an entitlement and resource perspective, it is necessary to require that entitlement for water service be secured prior to development. Several alternatives that would address this matter are available. A conditional zoning agreement could be enacted that would preclude the processing of a subdivision map until the water pipeline project is completed, or upon securing eighteen water connections, or upon demonstrating adequate groundwater availability to the Butte County Environmental Health Department. These alternatives will be recommended as aro'ect mitigation in the form of a conditional zoning P J g g agreement. Note: The Butte County General Plan requires that water availability be addressed prior to rezone approval (see Initial Study Checklist Item 9b.). Mitigation Measrure #1 A conditional zoning agreement shall be enacted that will preclude the processing of a subdivision map until the water pipeline project is completed, or upon securing eighteen water connections, or upon demonstrating adequate groundwater availability to the Butte County Environmental Health Department. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 29 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 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 ❑ Butte County Department of Development Services ❑ Planning Division ❑ 30 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99703 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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. Approval of the Rezone without adequate water availability as disclosed under Initial Study Checklist Item 9.b-Utilities and Service Systems and 16d. -Land Use and Planning, could contribute significant cumalitive impacts to area water supplies. Mitigation Measure #1 is recommended to- avoid this significant impact. Mitigation Measrure#1 A conditional zoning agreement shall be enacted that will preclude the processing of a subdivision map until the water pipeline project is completed, or upon securing eighteen water connections, or upon demonstrating adequate groundwater availability to the Butte County Environmental Health Department. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 31 Project: Tibor Resmeki and Kyle Hypes/Frank Konrad,REZ 99-03 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measrure #1 A conditional zoning agreement shall be enacted that will preclude the processing of a subdivision map until the.water pipeline project is completed, or upon securing eighteen water connections, or upon demonstrating adequate groundwater availability to the Butte County Environmental Health Department. i I' ❑ Butte County Department of Development Services ❑ Planning Division ❑ 32 0 • Project: Tibor Resmeki and Kyle Hypes/Frank Konrad,FEZ 99-03 DATA SHEET A. Project Description 1. Type of Project: Rezone 2. Proposed Density of Development: 1-acre 3. Amount of Impervious Surfacing: Would allow for eleven additional building sites upon subdivision. 4. Access and Nearest Public Road: Access is by Lindenbaum Lane, a private road that connects to Pentz Road, a public road. 5. Method of Sewage Disposal: Individual septic systems. 6. Source of Water Supply: This area is a known poor water area and connection to a service provider is recommended. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: Eleven additional parcels would be allowed under the proposed 1-acre density. B. Environmental Setting 1. Terrain a General Topographic Character: Property slopes easterly from Pentz Road b. Slopes: 5 - 25 percent C. Elevation: 1500 to 1540 feet above sea level. d. Limiting Factors: Steep areas. Lower elevations preclude on-site sewage disposal due to poor soil and wet conditions. 2. Soils a. Types and Characteristics: Stony phase Aiken Clay Loam predominantly, Scabland on areas to east. 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: Slight C. Landslide Potential: Low d. Fire Hazard: High e. Expansive Soil Potential: Moderate 4. Hydrology a. Surface Water: Ephemeral creek on east side of project drains into Kunkle Reservoir b. Ground Water: Poor groundwater area. C. Drainage Characteristics: From west to east into Kunkle Reservoir watershed. d. Annual Rainfall (normal): 50-inches per year. e. Limiting Factors: Poor water availability 5. Visual/Scenic Quality: Good. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 33 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 6. Acoustic Quality: Good. 7. Air Quality: Good, except when stagnant air conditions persist in the valley. 8. Vegetation: Thick growth of manzanita (up to 20ft. in height) 9. Wildlife Habitat: Non-critical 20-acre winter deer range within a 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: AR-2.5 (Agricultural Residential 2.5 acre parcel sizes) 13. Existing Land Use on-site: Undeveloped with exception of a private dirt road. 14. Surrounding Area: a. Land Uses: Kunkle Reservoir to south;Undeveloped to east; Subdivided lands to north and west. b. Zoning: North: AR-1 (Agricultural-Residential, 1-acre parcels); South: P (Public);East: AR-2.5; West: FR-40 (Foothill-Recreational, 40-acre parcels) C. Gen. Plan Designation: North: Low Density Residential; South: Public; East: Agricultural Residential; West: Agricultural Residential d. Parcel Sizes: 1-acre to over 50-acres. 15. Character of Site and Area: Undeveloped open land with residential development. 16. Nearest Urban Area: Town of Paradise 17. Relevant Spheres of Influence: Town of Paradise 18. Improvement Standards Urban Area: Mountain Recreational Area 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station number 35 approximately 6 miles away. b. Water Availability: Fire tankers only. 20. Schools: Paradise Union School District. ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: C112M 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. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 34 Project: Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 T . Butte County Planning Department. Scenic Highways Map V-1; Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Man. 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 Map. Butte County Fire Department and California Department of Forestry, 1989. i ❑ Butte County Department of Development Services ❑ Planning Division 0 35 a NEGATIVE DECLARATION DISTRIBUTION.LIST REVIEW PERIOD: 20 days minimum APPLICATION: Reszneki Rezone (REZ 99-03) DATE: June i"1999 Total Copies Project Representative Name County Offices and Cities: Chief Administrative Officer _ Develop.Services Director Public Works Director Enviromnental Health Building Manager - / Sheriff _ BCAG _ ALUC V LAFCo. _ APCD _ Butte Co.Fame 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 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 FireProtection Y' Butte County Fire Protection(CDF) _ EI Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation _ Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks Utilities _ PG&E North-Chico _ Chambers Cable TV _ Pacific Bell PG&E South-Oroville Viacom Cable TV Federal Agencies US Forest Service _ US Bureau of Land Management _ US Fish&Wildlife Service Army Corps of Engineers Otlrer Districts,Agencies,Committees,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 Committee _ Forest Ranch Community 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 11 copies of the Negative Declaration/Initial Study to the State Clearinghouse,1400 Tenth Street Sacremento CA 95814. The review period must be extended to 30 days.) CalTrans (Traffic) — Dept.of Water Resources Dept.of Fish and Game(Rancho Cordova) Forestry(Attn:Craig Carter) — Dept of Parks and Rec. _ Highway Patrol Central Reg.Water Quality Cont. _ Caltrans,Aeronautics Program Department of Conservation _ Off.of Mine Reclamation _ Off.of Governmental&Env.Relations Dept.Social Services,Comm.Care Licensing Individuals who have requested copies of Negative Declaration(use additional pages if necessary): Name —T Address Name Address Name Address STATE OF CALIFORNIA-THE RESOURCES AGENCY GRAY DAVIS,Governor DEPARTMENT OF FISH AND GAME SACRAMENTO VALLEY and CENTRAL SIERRA REGION rH' 1701 NIMBUS ROAD,SUITE A RANCHO CORDOVA,CALIFORNIA 95670 Telephone(916)358-2900 May 17, 1999 Mr. Daniel Breedon . Butte County Planning Division 7 County Center Drive Oroville, California 95965 Dear Mr. Breedon: After further-review and clarification of previous discussions and maps, the Department of Fish and Game (DFG) would like to offer the following modification to any past correspondence that has been submitted regarding the Reszneki -Konrad Property. These comments should be considered as the final position of the DFG. In the early to mid 1980's, the DFG agreed not to oppose development within the Designated Development Zone (DDZ). The DFG provided some mitigation measures that if followed would help reduce negative impacts to wildlife(October 23, 1990). Since the Reszneki Property lies within a DDZ, it will be the DFG's position not to oppose the REZ 99-03 proposal. A deed restriction prohibiting any further parcel modification on the remaining parcel four(57.05 ac) should be added since it falls outside of the DDZ. If you have any questions, or if we can be of further assistance, please contact Mr. Henry Lomeli, Associate Wildlife Biologist, at (530) 892-8470 or Mr. Nick Villa Senior Biologist at (916) 358-2943. Sincerely, anky E. urtis Regional Manager cc: Mr. Henry Lomeli Mr. Nick Villa Department of Fish and Game Rancho Cordova, California planning Division MAY 2 11999 Oromilla,California STATE OF CALIFORNIA-THE RESOURCES AGENCY GRAY DAVIS,Governor DEPARTMENT OF FISH AND GAME SACRAMENTO VALLEY and CENTRAL SIERRA REGION 1701 NIMBUS ROAD,SUITE A RANCHO CORDOVA,CALIFORNIA 95670 Telephone(916)358-2900 May 4, 1999 Mr.Daniel Breedon Butte County Planning Division 7 County Center Drive Oroville, California 95965 Dear Mr.Breedon: The Department of Fish and Game(DFG)has revised the file on the Development Application REZ 99-03 in Butte County. Two comment letters were submitted by the DFG that relate to the above property;one submitted October 23, 1990 and the other on March 15, 1999. While each of these letters make recommendations to help offset negative impacts to wildlife,they are both slightly different. We apologize for the differences between letters. During the recent comment period you received a letter dated March 15, 1999. The DFG biologist assigned to temporarily review and respond to Butte County projects was not familiar with the past correspondence file on the REZ 99-03 property;this is the reason for any difference that may appear in the DFG's comment letters. The DFG's original letter(October 23, 1990)noted that the property was critical deer winter range,and that subdividing into parcels smaller than 40 acres would be detrimental to this deer herd. The recommendations by the DFG do not appear to have been followed by the County with the subsequent rezoning to Agricultural Residential-2.5 acre. The DFG is now asked to review and comment on additional rezoning of the same property to Agricultural Residential- 1 acre. It is the DFG's position that further rezoning which allows for increasing housing densities would have substantial negative impacts to wildlife,especially the wintering deer herd that relies on these foothill ranges for survival. Until improved mitigation measures are submitted for further consideration,the DFG opposes the application for REZ 99-03. If you have any questions or if we can be of further assistance,please contact Mr.Henry Lomeli, Associate Wildlife Biologist, at(530)892-8470 or Mr. Nick Villa Senior Biologist at (016)358-2943. _ Sincerely, ry E. urns Regional Manager CC' Mr.Henry Lomeli Department of Fish and Game 1701 Nimbus Road Planning®IVISlOt' Rancho Cordova, California 95670 MAY 1,0 1999 0rovoteQ mig STATE OF CALIFORNIA-THE RESOURCES AGENCY GRAY DAVIS,Governor DEPARTMENT OF FISH AND GAME SACRAMENTO VALLEY and CENTRAL SIERRA REGION �� 1701 NIMBUS ROAD,SUITE A RANCHO CORDOVA,CALIFORNIA 95670 Telephone(916)358-2900 March 15, 1999 Mr. Daniel Breedon Butte County Planning Division 7 County Center Drive Oroville, California 95965 Dear Mr.Breedon: The Department of Fish and Game(DFG)has reviewed the Development Application REZ 99-03. This is an application for rezone from AR-2.5 (Agricultural Residential-2.5 acres)to AR1 (Agricultural Residential- 1 acre),on 3 parcels totaling 75.53 acres on property zoned AR-2.5 located South of the town of Paradise,at Linden Baum Lane and Pentz Road, approximately 1/2 mile north of Pentz Road/Kunkie Reservoir Road intersection. The property is located within the designated winter range of the migratory Bucks Mountain deer herd. Subdividing parcels smaller than 20-acres will have a significant, adverse effect upon migratory deer. The DFG recommends against the proposed subdivision of this parcel. Pursuant to Public Resources Code sections 21092 and 21092.2,the DFG requests written notification of proposed actions and pending decisions regarding this project. Written notifications should be directed to this office. This project will have an impact to fish and/or wildlife habitat. Assessment of fees under Public Resources Code Section 21089 and as defined by Fish and Game Code Section 711.4 is necessary. Fees are payable by the project applicant upon filing of the Notice of Determination by the lead agency. If the DFG can be of further assistance,please contact Mr.Henry Lomeli,Associate Wildlife Biologist, telephone(530)892-8470. Sincerely, Banky E. Curtis Regional Manager cc: Mr. Henry Lomeli Mr. Ron Bertram Department of Fish and Game Sacramento Valley and Central Sierra Region 1701 Nimbus Road PlowngDWon Rancho Cordova, California 95670 MMR 1 8 1999 0MV1 8,callomia BUTTE COUNTY Planning Division DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION JAN Z 11999 TO: Public Works 004119,CaljfO i. FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Tibor Reszneki and Kyle Hypes/Frank Konrad, DATE: January 19,1999 CONTACT PERSON: REZ 99-03 The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed,please call 538-7601. Thank you in advance for your time and efforts. This is an application for .Rezone from AR-2.5 (A,gdcultaral Residential-2.5 acres)to AR-1 (Agricultural Residential-1 acre),on three parcels totaling 75.53 acres on property zoned AR-2.5 (Agricultural Residential-2.5 ac�esl located south of the town of Paradise,at Linden Baum Lane and Pentz Road,approximately'/2 mile north of the Pentz Road/_K_ur kie Res.Road intersection,identified as APN 055-310-010,011,and 012. Supervisorial District No.4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON May 13, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN February 2,1999. 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): e4-^ Q, r s e By: � ?E Date: RECEIVED 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 JAN 119 COUNTY OF BUTTE LAND DEVELOPMENT DN. APR-02-1999 05:48 %N OF PARAD I SE P.02 pECEWVD BUTTE COUNTY NIAR 2 51999 DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TOWN OF PA*D SE TO: Town of Paiadise FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Tibor Reszneki and Kyle Hypes/Frank Konrad, DATE: March 24,1999 CONTACT PERSON:Daniel C.Breedon REZ 99-03 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 Rezongfrom AR-2-5(Agdculpiral Residential. _5i1cres)to ARt (AFJilailtural Residential-1 act) on three narcele totaling 75.51 acres on property zoned AR- (Agdcultural Residential_ 5 a=4 located south of the mmm of Paradiee -at T inde Baum Lang and Pe t2 Road Wnmximarely%2 injie north of rhe P ria Road1Kunkle Res_Roadntersection,identified as A.PN 055-310-010-011 and012. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANMNO COMMISSION - —DEVELOPMENT REVIEW C0AVW=EE ON May 13, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN AREA 6,1999- ff no comments or communications are received by the above date, the assumption will be made thatyour agency has no comment. COMMENTS(Attach additional pages if necessary): '`i e, k1ove_— 'Ovpie d ,Pt*v ect Sj� iS SSS i-C fie— �S �• (� O pex SJ4r r+ /¢tr,�/uL�r: Ls-rys d psi<.•��a S �1•Sy �4nCa e �A?raL -?Ir a %IL G Rrr 4D°P C :-0c91as, lrt�" 'x,�k a'kt_. a 4rre.. ?_,fr4dr5e- G.e- .-M 44 t ze'w' of ?,�{.cd►�F_ C��-er���,�1'��r w LT tvP••(S�� EeD* 4: Co.��_ eT �..v a/b.7e e'Gt B.Y✓�fs��✓+►Pe.7R+f G. By: �1 Date: �,�i.►Z 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 TOTAL P.02 - ..d �e'.. .. - , � .. � � _ �. .. _. - 4'1' y .. 4 t � . . � i _ . _ � � ,. ; 4 F � v • .. • � �. M � �� .. � , f L• x � , 1 f ., i . F . � - � r t ., + � ` .i � - r�� � � .. y � 4 . '^' t: a. � '.{ A.. � r � � � .. � � _ .� t � `,. _ { i i � c ^ ;,1 � �,. � . .. � � _ � r BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: California Department of Forestry FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 DATE: January 22, 1999 CONTACT PERSON: Daniel C.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 from AR-2.5(Agricultural Residential- acres)to ARI (Agricultural Residential-1 acre),on three parcels totaling 75.53 acres on property zoned AR-2.5 (Agricultural Residential-2.5 acresl located south of the town of Paradise, at Linden Baum Lane and Pentz Road, approximately '/2 mile north of the Pentz Road/Kunkie Res.Road intersection, identified as APN_055-310-010,011,and 012. Supervisorial District No.4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION - -X—DEVELOPMENT REVIEW COMMITTEE ON May 13, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN February 88,1999. 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): This in Iv96wal rc zone., ncjs 110 in-mC Ci CT S 1113 1"3rd D?NA✓ari't::vi.'ia w ,i•le L. _. .� .•, j i ... �1wfi'fv>iy dov iopruntz. :5 for tire protection service$ and higher costs To ina coun.y. PI—Sinn.incal AI -2 7 1000 omde,callfomia By: Date: /—2-7 t� 7 County Center Drive,Oroville,CA 95965 - (530) 538-7601 -Fax(530)538-7785 Planning Division Inter-De partm nta Memorandum TO: e� �p/� „ MAY 19 1999 FROM: lyl�h� ro �� ? Oroville,Calitomia /7 SUa,E�,. �roc��f��, lvwcr P�.,11z I?e j c h c DATE: S/7 �� OM wt�t s lh �'kc �t b Ute^/ /Aos at4 W,//� /0,;, )0� kW4 4n4/ ea Ie��l 7-es wAA 02✓/ q,I '01 An avtj s, l � 47kl / �1 IV �. ;.. +, 3 . T. 22 N , R.4 B., M. 0. 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OF 17 AUG. 1973 1857-12 I k 9 MAY 1973 1834-380 I 2 I 5.5 ACt 21 N �► for assessment purposes I O ' 1 I NOTES These parcels are o P P 41.� only and May not constitute legal parcels. .91 AC ' es80r"8 flap NO. my of Butte$ Calif. I , 20 R 8-98 ° PM 57-29 REVISED BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission a public hearing will be held on Thursday, June 24, 1999, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, on the following item: ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAVE B . .N RECOMMENDED 9:00 a.m. - Tibor Reszneki and Kyle Hypes/Frank Konrad, Rezone from AR-2.5 (Agricultural Residential- 2.5 acre parcels)to AR-1 (Agricultural Residential-1 acre parcels), on two parcels totaling 18.48 acres. The property is located south of the Town of Paradise,at Lindenbaum Lane and Pentz Road, approximately '/i mile north of the Pentz Road/Kunkle Res. Road intersection,Paradise area. APN 055-310-010 and 055-310-011. (File#REZ 99-03) (DB) 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 Thursday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted idwriting 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. THOMAS A. PARILO DIRECTOR DEVELOPMENT SERVICES To be published in the Paradise Post on Thursday, June 3, 1999. BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING otic is hereby given by the Butte County Planning Commission a public hearing will be held on June 24, 1999, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, on the following item: ITEM ON WHICH A NEGATNE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAVE BEEN RECOMMENDED I 9:00 a.m. - Tibor Reszneki and Kyle Hypes/Frank Konrad, Rezone from AR-2.5. (Agricultural Residential-2.5 acre parcels)to AR-1 (Agricultural Residential-1 acre parcels), on two parcels totaling 18.48 acres. The property is located south of the Town of Paradise, at Lindenbaum Lane and Pentz Road, approximately %2 mile north of the Pentz Road/Kunkle Res. Road intersection,Paradise area. APN 055-310-010 and 055-310-011. (File#REZ 99-03) (DB) 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 Thursday, 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. THOMAS A. PARILO DIRECTOR DEVELOPMENT SERVICES To be published in the Paradise Post on Thursday, June 3, 1999. suite u t IAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 April 12, 1999 Tibor Reszneki 6626 Lindley Avenue Reseda, CA 91355 Kyle Hypes and Frank Konrad 1491 Holly Street Gilroy, CA 95029 Subject: Rezone 99-03, -General Plan Conformance Dear Sirs: The attached correspondence has been received from the Butte County Environmental Health Department, Butte County Local Agency Formation Commission (LAFCO), and the Del Oro Water Company. These agencies have commented with respect to the poor water availability within the area of the rezone site. Specifically, the Environmental Health Department has indicated that future subdivision of the property will be required to connect to a public water supply. LAFCO indicates that the proposed rezone may not represent a realistic development potential due to the serious water supply concerns in this area. The Del Oro Water Company indicates that, although 28 service connections are available for water service, there is no certainty that water service will be available for future development. The Land Use Element of the Butte County General Plan contains policies regarding the availability of water for future development activity. The Butte County General Plan requires that the Planning Commission and Board of Supervisors make legal findings based upon these policies indicating that the proposal conforms to the General Plan. Land Use Element Policy 2.4d requires proof of adequate water supply for all new development, and Land Use Element Policy 3.2b requires that the County correlate residential densities to the availability of water. The Agricultural Residential General Plan designation considers the proposed AR-1 Zoning District conditionally consistent. This means that in order to approve the rezone certain development criteria must be met, which includes evidence of adequate water availability. The information that has been made available to staff does not allow for a determination that adequate water capacity is available to service the additional demand posed by this rezone. Even though the Del Oro Water Company indicates that 28 connections are currently available, there is no certainty that these connections will be available in the future. .Future availability is contingent upon service from the Lime Saddle Marina area, which would require the installation of a two-mile pipeline. Due to the lack of adequate water availability in this area, staff cannot support a recommendation to approve the proposed zone change. Any other information that could help support a finding of water availability in this area should be submitted to the Planning Division for consideration. Staff recommends that the application be withdrawn unless some conclusive information can be presented regarding water availability. If this application is not withdrawn and no conclusive information is submitted, the application will be scheduled before the Planning Commission for a denial recommendation. Please notify the Planning Division of any decision you make regarding this application at your earliest convenience. If you should have any questions, please do not hesitate to contact me at 530-538-7629. Thank you for your attention to this matter. Daniel C. Breedon cc: Environmental Health Department Del Oro Water Company Local Agency Formation Commission (LAFCO) 0evelopmneatServices BUTTE COUNTY FEB 2 6 1999 DEPARTMENT OF DEVELOPMENT SERVICES ®roville PLANNING DIVISION ,Califomia TO: Bob Fortino FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Tibor Reszneki and Kyle Hypes/Frank Konrad,REZ 99-03 DATE: February 22,1999 CONTACT PERSON: Daniel C.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 from AR-2.5 (Agricultural Residential-2.5 acres)to ARI (Agricultural Residential-1 acre)„on three parcels totaling 75.53 acres on property zoned AR-2.5 (Agricultural Residential-2.5 ac-esl located on south of the town of Paradise,at Linden Baum Lane and Pentz Road..approximately '/2 mile north of the Pentz Road/Kunkle Res.Road intersection,identified as ATN 055-310-010,01 end 012. Supervisorial District No.4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON May13, 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): Although service is available to the parcels at this time, there are only 28 connections (at $5,000 per connection) remaining in the north portion of the Lime Saddle District of Del Oro Water Company. As these are on a first-come first-serve basis, there is no guarantee for this developer. And, even if they acquire all 28 connections, any remaining services needed would have to come from the Lime Saddle Marina Area - the subject of a two-mile pipeline extension. eI ro Water Company, Inc. By: « Date: February 25, 1999 R BERT S. FORTINO, `President 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 i INTER-DEPARTMENTAL MEMORANDUM , TO: Dan Breedon, Butte County Planning FROM: Michael Huerta, Environmental Health, Chico SUBJECT: Reszenek, Hypes & Konrad Rezone (Revised) DATE: March 9, 1999 Comments: Project reduced to Parcels 2 and 3 of parent map for Kaza. Soil investigations were done on Kaza Parcel Map for P. 2 and 3 (total of four test pits). That investigation was sufficient to prove usable area for these large parcels. Future projects as a result of the rezone will be required to comply with Appendix VII usable area requirements, and additional soil tests will more than likely be required. Those projects will be assessed on a lot-by-lot basis. As stated in previous comments on this project (1-27-99), future subdivisions of this property will be required to connect to a public water supply. With the aforementioned caveats notwithstanding, this office would not oppose the rezone. MH/gl/land/reszenek.rez PlanDivision MAR 1 1 199q fU®9 id�ornia BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Planning Division TO: LAFCo JAN Z b 1. 'a FROM: Butte County Planning Division .,,� RE: Request for Comments on a Development Application:Tibor Reszneki and Kyle Hypes/Frank Koff %w9mia DATE: January 22,1999 CONTACT PERSON: Daniel C.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 ca11538-7601. Thank you in advance for your.time and efforts. This is an application for Rezone from AR-2.5(Agdcul iral Residential- acres)to AR 1 (Agricultural Residential-1 acre)on three parcels totaling 75.53 acres on property zoned AR-2- (Agdcul gyral Residential- 5 acres)located south of the town of Paradise,at Linden Baum Lane and Pentz Road.approximately V2 mile north of the P .ntz Roa /K un i R c Road intersection, identified as APN 055-310-010,011 and 012. Supervisorial District No.-4. 093 U23 IwnKlc THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION - -X—DEVELOPMENT REVIEW COMMITTEE ON May l 3, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN February 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) PA,e ELS LD c ATEo W: /. Cene1ery Z. galle a M04"(40 C / 7. IZ S hf6o// G. _i'me Sad'dfe C.S.D- -7. Cs-4 No- IG9 By: `� . Date: //Z rrr 7 County Center Drive,Oroville,CA 95965 - (530) 538-7601 -Fax(530)538-7785 MEMORANDUM LOCAL AGENCY FORMATION COMMISSION TO: Dan Breedon FROM: Stephen Lucas SUBJECT: Response to REZ 99-03, (Reszneki). DATE: January 25, 1999 These three parcels are located in the Lime Saddle Community Services District (LSCSD) which was conceived to supply domestic water to the area. The District has since sold its water conveyance system to the Del Oro Water Company who now supplies water to District residents. LAFCo is in the process of dissolving the LSCSD leaving the Del Oro Water Company as the undisputed water purveyor. LAFCo has evaluated and analyzed the water delivery systems within the service area of the LSCSD, the Del Oro Water Co., and the Paradise Irrigation District as part of the dissolution process. The study has indicated that a serious water supply concern exists on the "Ridge" including the Pentz Road area. mow . This rezone has the potential to more than double the existing density of one unit per 2.5 acres. Considering the potential for water supply shortages (especially during drought years)for both domestic water consumption and fire control, this project may not represent a realistic expectation of development. Any proposed change in density should require a complete analysis of water supply issues and fire protection issues. The rezone has the potential to increase student populations in the area resulting in a potential impact to Paradise Unified School District as well as related transportation issues resulting from increased traffic generation on Pentz Road. 0 LAND USE ELEMENT 0 AGRICULTURAL RESIDENTIAL Primary Uses: Agricultural uses and single-family dwellings at rural densities. Secondary Uses: Animal husbandry, forestry, intense animal uses, home occupations, mining, outdoor recreation facilities, environmental preservation activities, airports, utilities, public and quasi-public uses, group quarters, care homes and transient lodging. Site Designation Criteria: 1. Beyond service areas of community water and sewer systems. 2. Less than 30% slopes. 3. Adjacent or near to existing roads and public utilities. 4. Not within flood plains or known active faults. 5. Past official actions. Intensity of Use: Minimum�parcel size of one to f��icres. One single-family dwelling per parcel. Home occupations;farm animals, other uses and setbacks regulated to maintain rural character. Consistent Zones: A-20, A-40, TM-20, TM-40, FR.-20, FR.40, & C-F. Conditionally Consistent Zones: A-5, A-10, TM-1 thru TM-10, FR.-2 thru FR.-10, SR-1, AR=' MH-3, RT-1A, & PA-C, subject to findings of conformity with Conditionally Zoning and Development criteria listed below. Conditional Zoning and Development Criteria: 1. Compatible with neighboring agricultural activities. 2. Evidence of adequate water and sewage disposal capacity. 3. Availability of adequate fire protection facilities. 4. Adequately maintained approved road access with sufficient capacity to service area. 5. Reasonable accessibility to commercial services and schools. Zoning Factors: r 1. Existing parcel sizes and residential densities. 2. Slope. 3. Soil conditions and water availability. 4. Effects on adjacent uses, crop production, livestock grazing, forestry, resources extraction and wildlife habitat. 5. Proximity to public roads and other public facilities. 6. Distance from airports, railroads and industrial uses. 0 BUTTE COUNTY GENERAL PLAN 0 ADOPTED BY RESOLUTION 79-222 0 October 30,1979 0 LUE - 51 t i Count u to LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION r A DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 February 19, 1999 FAX: (530)538-7785 Tibor Reszneki 6626 Lindley Avenue Reseda, CA 91355 Kyle Hypes and Frank Konrad 1491 Holly Street Gilroy, CA 95029 I Subject: APPLICATION INCOMPLETE: Comments received from California Department of Fish and Game Dear Sirs: Please find the attached comments from the California Department of Fish and Game. Fish and Game indicates that the property is located within 20-acre winter range for the Bucks Mountain migratory deer herd. This has been confirmed through a review of the County's deer herd maps. Fish and Game recommends against approval of the subdivision of the property, which would be allowed under the AR-1 zoning proposed. Any proposal would have to include a 20 acre minimum parcel size in order to comply with the 20-acre winter range requirements. Staff cannot proceed with this proposed Rezone application,given the fact that the deer range makes any future land division at a 1 acre minimum parcel size infeasible. Staff recommends that you withdraw this application for a refund of that portion of the deposit that has not been used for processing. However, it remains your decision to proceed with application processing. Under such a circumstance, Planning Division staff would have to recommend denial of the project to the Development Review Committee. If you should have any questions upon receiving this letter, please do not hesitate to contact me at 530-538- 7629. Daniel C. Breedon Senior Planner cc: Sierra West Surveying K:\PROJECTS\REZ\RESZiNEKI.P-EZ\DEARW .. Eatte county LAND OF NATURAL WEALTH AND 116AUTY - PLANNING DIVISION r February;19,`1999 DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 Tibor Reszneki TELEPHONE: (530) 538-7601 6626 Lindley Avenue FAX: (530) 538-7785 Reseda, CA 91355 Kyle Hypes and Frank Konrad 1491 Holly Street Gilroy, CA 95029 Subject: APPLICATION INCOMPLETE: -Rezone 99-03, Comments Received from Environmental Health Department Dear Sirs: Enclosed please find comments from the Butte County Environmental Health Department on the above- referenced project. The Environmental Health Department indicates that large sections of this property are unsuitable for septic systems. In addition they indicate that obtaining drinking water from wells is questionable. This is consistent with limitations placed upon the previous map (Parcel Map 129-83). This map shows a large area of exposed lava that is noted as not being suitable for septic systems, and indicates requirements to connect to a public water supply. The proposed rezone will increase the density of the project from 2.5 to 1 acres,thus creating additional water and 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,and the limitations disclosed on the previous map,the area is not suitable for on-site sewage disposal systems or domestic water wells. For these reasons staff cannot recommend approval of the proposed AR-1 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. If you should have any questions regarding the Health Department's comments I would recommend contacting Michael Huerta at 891-2727. If you should have any questions for the Planning Division, please do not hesitate to contact me at 538-7629. e y, Daniel C. Breedon Senior Planner cc: Sierra West Surveying K:\PROJECTS\REZ\RESZiNEKI.REZ\HEALTH.LTR rtB-17-99 WED 19 :36 Env Health—Chico 539$956512 P- 91 ENYAQ1ti:LK,'-1:14EALTH j BUTTE COUNTY DEPARTMENT OF DFVELOPMENT SERVICES JAN 2 0 IQ" PLANNING DIVISION Chbo,Ca9forria TO: Environmental Health FROM: Butte County Planning Division RE; Request for Comments on a Development Application:Tibor Reszneld and Kyle.HypeslFraDk Konrad, DATE: January 19,1999 CONTACT PERSON: REZ 99-03 The Planning Division has received a project application for the property described below, The purpose of this comment sheet is to: 1. Aetermine 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 treasures your agency/department may want incotporatcd. 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,,Rexace fr=AR-2 5(AWcu1 'ralResiden ial-2 5 AMS)to AR-L(APicultural i $eR%de t►n al-J Acm)—on&ee parcdg tn�15 51 acres on property toned R_ S(Azdgultuial ResWential-7 5 ao=)located south of thr farm ofParadise-of Laden Balm Lane and Pentz Road apmximately'A mile;wrth of i thePgut7 Rga&Xuatri .Reg-Road iotersection,identified as APN 055-310-010.011•and 01 Supervisorial District No.-L f I i THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING 13EFORE THE(check one) _X PLANNING COMMISSION - DEVELOPMENT REVIEW COMMITTEE ON May 3, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN F"br mazy 2,1999. 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: Of Post-it°Far Note 7671 pate pages 7 County Center Drive -Oroville,Cali From t ®�g Mori Co a Co. Plannfng Div�Sl®l Phon M Phone Y Fax N f7l1- F E anFE B 17 1999 oroville.cwHomia _FEB-17-99. WED 10 :37 Env Health-Chico 5308956512 P. 02 INTER-DEPARTMENTAL MEMORANDUM BUTTE COUNTY i TO: Development Services, Planning Division t I� BROMli: Michael erta4 Supervisor, Environmental Health MMJECTi Request for Comments on a Development Application DATE: January 28, 1999 APPLICANT: Reszeneki, Hypes & Konrad DATE:January 27 , 1999 _ j AGENT: Sierra West Survevina ._ ABN: 055--310-010. 011 & 012 PROJECT DESCRIPTION: Rezone 3 parcels COMMENTS: targe sections of this property are unsuitable for septic systems (parcel 4) . Also obtaining drinking water from wells is doubtful . Therefore, the applicant should be made aware of the l following issues: 1. Subsequent projects must meet Butte County Environmental Health Department requirements for on-site sewage disposal j and provision of drinking water. in this case, provision of acceptable drinking water will more than likely mean ! connecting to a Public Water Supply. I MH/dd/land/commentf/reszenek.com i I s �lanMn9®1vlston FEB 17 0MV11t®9 CRMOmia `yy . ::- : �:{t: .k.Cv ti:: :i :;A:< is?<::+'-::i:'::i ::: ..;5:.r : ..Y:.:...::..:.. �... T:..y :.�..... Y .+. . . {•n:: d } :.f ::+:�::'X:::'"::: :: .av .: ..::i::ti itii ::: iii::i:.:,.... .{. ?: .. �:'`:' f'. �.}}' k: Q F. ii S_.}: .....:...........:. :.:....:::.::::: •. ::.: ;::::... ... . .::tiff:••: j v...' :i:Si .. �.. :i ::f ........... .. .:............ r. ::::::..:.....:...........::::: :.:5.?i:.::i:.i:. 4 ti�.4v:ti:-,:m{� !:'�S:iM:X�:::n.n..w i'i )::' x:�.: :::::::::::::::::.�:. r ...........:::......:.._........::...:: v`i:!:: . •::.:::::.�::. ........ ..............::::::::..: ::: ::..: :+' .. i > > ^'+:: %rF is 1 ::,t... ':{::iiii::-:i:: i:::::.::iii:::: .... i:'::.:::::......::::::'::!:::! i:::::'i::is i:: I. .:::::::::::.�:::::::. :::::::::::::•::.:::::::::....: :: :::•. CI :':%:: „o d �� e n u I H ..... f �d / /. M z NV i i': :::..�.::::.:::..:.:..:.. . } .r .. ..: : ... � �. V-V , uoi;eOo-1 ;3afoad - _ ..:..::.:...:....:.:....... :.. . ........ :: . - asj I.ae j4-,UAAOJ pejuo>j '8 sedAH `iNauzsGU Z V 6 60 `060-06£-550#dd £0-66 Z3N 0 0 6. .. _ Suite 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 21, 1999 Tibor Reszneki 6626 Lindley Ave. Reseda, CA 91335 Klye Hypes, Frank Konrad 1491 Holly St. Gilroy, CA 95029 Subject:'Rezone 99-03, Assessor's Parcel Number: 055-310-010, -01.1, -012 Dear Sirs: Staff is in receipt of an application for rezone for the above referenced parcel numbers. While this application was received on January 4, 1999, the site map was not received until January 15, 1999. The lack of a site map prohibited the start of processing until it was received. This letter is to inform you that the processing of this application was begun on January 15. You will receive other information as the review process continues. If responding agencies need additional information the application may be deemed incomplete, in which case you will be notified of the additional information requested. If you should have any questions regarding this process, please contact me at this office. Si Daniel C. Breedon Senior Planner LEAD IN SHEET FILE NO: REZ 99-03 AP#055-310-010 011, and 012 APPLICANT: Tibor Reszneki, 6626 Lindley Ave, Reseda, CA 91335 and Kyle Hypes/Frank Konrad, 1491 Holly St., Gilroy, CA 95029 OWNER: Same REPRESENTATIVE: Sierra West Surveying, 5437 Black Olive Drive, Paradise, CA 95965 REQUEST: Rezone from AR-2.5 (Agricultural Residential- 2.5 acres) to ARI (Agricultural Residential -1 acre)., on three parcels totaling 75.53 acres SIZE: 75.53 acres LOCATION: south of the town of paradise, at Linden Baum Lane and Pentz Road, approximate y V? mile north of the Pentz Road/Kunkie Res. Road intersection SUPERVISORAL DISTRICT#A—EXISTING ZONING: AR-2.5 ZONING HISTORY: 04-14-98 SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: Agricultural Residential APPLICABLE.REGULATIONS: 01-04-99 COMMENT DISTRIBUTION LIST APPLICATION: Tibor Reszneki and Kyle Hypes/Frank Konrad DATE: January 19, 1999 County Offices and Cities: Chief Administrative Officer Develop.Services Director �X_ Public Works Director Environmental Health Assessor _ Building Manager Sheriff _ BCAG _ ALUC X LAFCo APCD _ Butte Co.Farm Bureau Biggs. Gridley Chico ' Oroville Paradise Chico Airport Commission Animal Control / _ Agricultural Commission Irrigation District: V Butte Water _ Biggs/W.Gridley Water _ Durham Irrigation OWID _ Paradise Irrigation _ Richvale Irrigation Table Mountain Irrigation _ Thermalito Irrigation _ Other Domestic Water / Butte Water District _ California Water Service Co. �/ Del Oro Water Co. OWID _ Thermalito Irrigation District _ Other Sewer Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision(CSA 21) _ L.O.A.PUD Fire Protection X_ California Department of Forestry _ 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 ✓/ _ `Dept.of Fish and Game l Forestry(Attn:Craig Carter) _ Dept of Parks and Rec. . _ Highway Patrol ✓ Central Reg.Water Quality Cont. _ Caltrans,Aeronautics Program Department of Conservation _ Off.of Mining Reclamation _ Off.of Governmental&Env.Relations Dept.Social Services,Comm.Care Licensing Federal Agencies US Forest Service _ US Bureau of Land Management US Fish&Wildlife Service Army Corps of Engineers �07 istricts,Agencies,Committees,etc. Lime Saddle Dist _ Community Association _ Mosq.Abatement.Oroville/Butte Co Drainage _ Butte Env.l Council _ Paradise Pines Com. Assoc. Reclamation _ Cal Native Plant Society _ ,,Butte Co.Mining Committee _ Forest Ranch Community Assoc. _ Butte Ck.Watershed Conservancy_ School Districts BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Tibor Reszneki and Kyle Hypes/Frank Konrad, DATE: January 19,1999 CONTACT PERSON: REZ 99-03 The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed,please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone from AR-2.5 (Agricultural Residential-2.5 acres to AR-1 (Agricultural Residential-1 acre),on three parcels totaling 75.53 acres on property zoned AR-2.5 (Agricultural Residential-2.5 acresl located south of the town of Paradise,at Linden Baum Lane and Pe ntz Road, nnroximately'/z mile north of the Pen z RoadLKunkie Res.Road intersection,identified as APN 055-310-010,011,aand 012. Supervisorial District No.4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON May 13, 1999. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN 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): By: Date: 7 County Center Drive -Oroville,Califomia 95965 -530-538-7601 -FAX 530-538-7785 Sierra West Surveying • 5437 Black Olive Drive Memo Paradise, CA 95969 (530) 877-6253 Fax (530) 877-6254 January 5, 1999 County of Butte JOB 7431 PLANNING DEPARTMENT APN 55-31-10, 11 & 12 7 County Center Drive ** Rezone Oroville, California 95965 Attached please find the following items for the above mentioned project : 1 . Butte County Uniform Application. for Rezone 2 . Legal Description 3 . Application fee' s in the amount of $2, 429 .00 Should you have any questions regarding this matter, please call or write.. Sincerely, Kay E. nley SIERRA ST SURVEYING /KEM C:\WpData\0ffice\Reszneki3.me Planning®iViSi®n JAN 0 4 1999 ®r®ville,CaIhMia DATE RECEIPT TOTAL PUBLIC LAFCO USE' VARIANCES PUBLIC ZONING ENV OTKER APPLICANT RECEIVED FROM NO. RECEIVED WORKS PERMITS DOCUMENTS KEALTM RECEIPT 16907 OFFICIAL RECEIPT COUNTY OF BUTTE • STATE OF CALIFORNIA OFFICE OF PLANNING ISSU o eV c �- .�. �.-) ---r DATE R.ECEIPT TOTAL PUBLIC L�AFCOPUBLICENV APPLICANT RECEIVED FROM NO. RECEIVED WORKS PERMITS DOCUMENTS NEALTN RECEIPT 16908 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING sk DATE RECEIPT TOTAL PUBLIC LAFCO USE JVARIANCES PUBLIC 20NING ENV OTKER APPLICANT RECEIVED FROM NO. RECEIVED WORKS PERMITS DOCUMENTS NEALTM RECEIPT 16909 OFFICIAL RECEIPT COUNTY OF BUTTE • STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY 14 ..TE RECEIPT TOTA —J' PUBLIC L IC-' I use VARIANCES PUBLIC ENV OTHER APPLICANT RECEIVED FROM No. RECEIVED WORKS PERMITS DOCUMENTS KEALTK RECEIPT 16910 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUE BV i-F,. r {7 -;+�y:,;.;�.:, I DATE RECEIPT TOTAL PUBLIC LAFCO USE VARIANCES PUBLIC ZONING ENV OTHER APPLICANT RECEIVED FROM 'yam_ ND. 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' 1 W v J -KU-G-LE— RESE8Y0lB—RQ& -- 0 2S 114-610 I I 182.50 2440 NOTE lcdaoeotiutlgltarels ea onanmayntcnsteeapc BK 41 1 CANYON RANCH ESTATES 130 M.OIR. 63/67 12-1-93 LOTS 1/10 ��- f, . �,. L, i � r COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 96966-3397 C V e, Q O W y JDN 0 t'9 9 _ ,;, 7 # .,IETURN SERVICE REQUESTED °` j 03774 U.S. POSTAG PUBLIC EL; 055 310 0210005TATUSo A HELMICK RICHARD N (DEC'D) TRUST C/O KURTIS & MARY ANNE CARMAN HEARING 1.026 CO MAYETTE DR Gf�iICA 9526-774; NOTICE HELM026 959262166 1499 15 06/03/99 RETURN TO SENDER :RICHARD HELMICK TRUST 1 547 STILSON_ CANYON RD C�41CU CA 's:.:,���;-���-� fl,f,,.idd.f,,,fi,,,r,:f,,ff,,i II 0 . 7 A C . 0 , 7 AC . W 0 . 7 AC . o 0 . 7 A c� 2 0 . 7 AC . 0 . 7 AC . 0 o 0 . 7 A C . -- 0 . 7 AC . 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