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RZ 97-01_PLANNING
_ I5 II�VIIVIN NIIY��II� �I��IIIINI���RINI�II� IIVI SEPFRRTORSHEET APS 063 - / 10 - OOz PROJECT NUMBER " JECT SUMMARY SHEET FILE#: RZ 97-01 PROJECT TYPE: Rezone APPLICANT: Bylard,George&Shirley ADDRESS: P.O.Box 28,Forest Ranch,Ca 95942 OWNER: Same ADDRESS: Same REPRESENTATIVE: � ADDRESS: PROJECT DESCRIPTION:Rezone of an 8 acre parcel from TM-5 and unclassified to TM-2-5 PROPERTY ZONED: TM-5,U LOCATED:West side of Nopel Ave.approx. 1500 ft.north of SR 132 in the Forest Ranch area. AP#:063-11-002 TOWN/AREA: Forest Ranch GENERAL PLAN DESIGNATION:Agricultural-Residential 1. Application complete: September 3,1996 Amount: S 2,291.00 Receipt#: 15842 2. Comments sent to: E.H.,LAFCo,P.W.,CDF.,DEPT.OF FISH&GAME 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Steve Lucas 7. Environmental Determination: State Clearinghouse No: egorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish&Game: Environmental Impact Report Gen.Rule Ex.-CEQA# 15061.(bx3) lab(-e Other 8. a Staff Report: Project Video: Release to publish: 9. Clearinghouse circulation required: Yes No Date Sent to SCH: 10. Publication Notice Written: Display Ad Prepared: 11. Notices Mailed: Number of Notices: 12, Newspaper Publication Date: C G B R D 13. Planning Commission Hearing(s): 7 k✓_ 9�� I� + /�"� G Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors'Hearing(s): Action taken: Q Board Resolution No.: Ordinance No:.��Q Adopted: cD-QS`- 1l 15. Type Use Permit/Send for signature: M. N.O.E./ �T 0. /APPENDIX G.c- -3'��`C�� Fish&Game Fees Paid: Yes No 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use Permit/Variance to Planning Technician: 97-65 Public hearing - George and Shirley Bylard - consideration of a rezone (item on which a negative declaration regarding environmental impacts has been recommended) of an eight acre parcel from "U" (Unclassified) and TM-5 (Timber Mountain - five acre parcels) to TM-2.5 (Timber Mountain - .2:5 acre parcels) , property located on the west side of Nopel Avenue, approximately 1500 feet north of SR 32, identified as APN 063-110-002, in the Forest Ranch area - action requested - STAFF RECOMMENDS THAT THE BOARD CONFIRM THE PLANNING COMMISSION'S RECOMMENDATION FOR APPROVAL OF THIS APPLICATION, AND SUBJECT TO ENVIRONMENTAL FINDINGS A-C AND ZONING FINDING A, ADOPT A NEGATIVE DECLARATION AND AN ORDINANCE REZONING TO TM-2.5 THAT PROPERTY IDENTIFIED AS APN 063-110-002. MOTION: I MOVE TO CONFIRM THE PLANNING COMMISSION'S RECOMMENDATION FOR APPROVAL OF THIS APPLICATION, AND , SUBJECT TO ENVIRONMENTAL FINDINGS A. AN INITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND NO POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS WERE IDENTIFIED. ; B. THIS PROJECT HAS THE' POTENTIAL TO CAUSE ENVIRONMENTAL DAMAGE TO FISH OR WILDLIFE OR THEIR HABITAT AND THE COLLECTION OF DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEES IS REQUIRED. ; AND C. THE BOARD OF SUPERVISORS HAS INDEPENDENTLY REVIEWED, ANALYZED AND CONSIDERED THE PROPOSED NEGATIVE DECLARATION PRIOR TO MAKING ITS DECISION ON THE PROJECT;- AND ROJECT;AND THE _ NEGATIVE DECLARATION REFLECTS THE INDEPENDENT JUDGMENT OF THE COUNTY OF BUTTE. ; ZONING FINDING A. FIND THAT THE REZONE CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN, BECAUSE THE REQUESTED ZONE IS LISTED AS A ZONE THAT IS - CONSISTENT WITH THE AGRICULTURAL RESIDENTIAL GENERAL PLAN DESIGNATION AND THE USE PERMITTED BY THE ZONE WILL BE CONSISTENT WITH THE GENERAL PLAN AND SURROUNDING PROPERTIES; AND SUBJECT TO THE ENVIRONMENTAL AND ZONING FINDINGS, ADOPT THE NEGATIVE DECLARATION AND ORDINANCE 3322 REZONING TO TM- 2.5, THAT PROPERTY IDENTIFIED AS APN 063-110- 002. S M MOTION: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) ~�� BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - February 25, 1997 D. George and Shirley Bylard - proposed Negative Declaration regarding environmental impacts and Rezone an eight (8) acre parcel from "U" (Unclassified) and TM-5 (Timber Mountain - 5 acre parcels) to TM-2.5 (Timber Mountain - 2.5 acre parcels) located on the west side of Nopel Avenue, approximately 1500 feet north of SR 32, identified as APN 063-110- 002, in the Forest Ranch area. (SL) (REZ97-01) Stephen Lucas summarized the staff report. Commissioner Cage said that the staff report refers to six 20 acre parcels in regards to Fire Department comments. Mr. Lucas said that is an error, but the Fire Department did have the same comments. He said 2/3 of the property to the east is fairly level and the western 1/3 is steep. There would be sufficient area for three homesites and septic systems. He said there are two available accesses to the property. He said the eastern third of the property is presently designated as "Unclassified" and the western portion is TM-5. HEARING OPEN TO THE PUBLIC Jim Stevens of NorthStar Engineering was present. He said the ultimate plan is to create a total of 3 parcels on the property. There are buildable areas and adequate access and j should be no problems with water or sewage disposal area. They are planning to have individual wells for water. It was noted that the zoning request is for "TM-2.5" rather than "FR-2.5" as stated in the staff report. -- . HEARING CLOSED TO THE PUBLIC It was moved by Commissioner Lynch, seconded by Commission Lambert, and carried unanimously, to recommend approval of the rezone for George and Shirley Bylard on AP 063-110-002, subject to the findings of the Agenda Report dated November 26, 1997, changing the "FR-2.5" to "TM-2.5." FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act and no potentially significant environmental effects were identified. B. This project does not have the potential to cause environmental damage to fish or wildlife or their habitat and is Deminimus; and _ BUTTE .COUNTY PLANNING COMMISSION MINUTES - January 23, 1997 C. The Planning Commission has independently reviewed, analyzed and considered the`proposed Negative Declaration prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of the County of Butte; and Section 2: General Plan and Zoning Findings. A. Find that the rezone conforms to the policies, including the text and map of the Butte County General Plan, because the requested zone (TM 2.5) is listed as a zone that is consistent with the requested Agricultural-Residential General Plan designation and the uses permitted by the zone will be consistent with the General Plan and surrounding properties; and Section 3: Action. A. Recommend the Board of Supervisors adopt a Negative Declaration; and B. Subject to the findings indicated in Sections 1 and 2 of this Exhibit a, move to recommend that the Board of Supervisors adopt an Ordinance rezoning to TM-2.5, that property identified as APN 063-110-002. C. Minor changes may be approved administratively by the Director of Development Services, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the,modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. BUTTE COUNTY PLANNING COMMISSION MINUTES - January 23, . 1997 AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Stephen Lucas, Associate Planner DATE: November 26, 1996 REQUEST: Rezone for George&Shirley By lard,File#REZ 97-01 on APN 063-110-002: A request to rezone an eight (8) acre parcel from Unclassified and TM-5 to TM-2.5 located on the west side of Nopel Avenue approximately 1500 feet north of SR 32 in the Forest Ranch area. Supervisorial District 3. RELATED ITEMS: None FOR: Planning Commission Meeting of January 23, 1997 I SUMMARY: The proposed rezone to FR-2.5 is consistent with the adopted General Plan designation of Agricultural Residential for the area and is consistent with past zoning actions in the area. Staff recommends that the Planning Commission recommend that the Board of Supervisors approve this application. I PROJECT CHARACTERISTICS: This project is a request to rezone an eight(8) acre parcel (APN 063-110-002) with dual zoning from Unclassified (20 acre minimum parcel size) and TM-5 (Timber Mountain-5 acre minimum parcel size)to TM 2.5(Timber Mountain-2.5 acre minimum parcel size). At present approximately five (5)acres to the west are zoned Unclassified with the remaining three(3)acres to the east zoned TM-5.The project site is located on the west side of Nopel Avenue approximately 1500 ft. north of SR 32 in the Forest Ranch area. The project site is developed with a 1,100 sq. ft. dwelling unit and a 600.sq.ft. garage. Domestic water for the dwelling unit is supplied by an on-site well,while sewage disposal is handled by an on-site septic system. The project site is relatively level for approximately 550 feet from the east property line and drastically drops off towards Big Chico Creek Canyon with the western 450 feet having slopes in excess of 30%. Elevations range from 2260 ft. above sea level'at the east property line to 2280 ft. near the center of the parcel and falling to approximately 1800 ft. on the west property line. Mixed chaparral pine forest covers most of the project site, and the soils on the site are shallow in most areas. ANALYSIS: Section 65860 of the California Planning and Zoning law requires County zoning to be consistent with the County general plan. The Butte County General Plan Land Use Element designates this property as Agricultural Residential. The FR-2.5 zone is identified in the Land Use Element as a zoning designation that is consistent with the Agricultural Residential general plan designation. The analysis of this project is limited to one concern, a change in land use density in accordance with the General Plan and community compatibility. Land Use Compatibility Surrounding parcels are zoned R-1 (6500 sq ft. minimum lots size)to the south, Unclassified(U)to the east,Timber Mountain 5 acre minimum (TM-5)to the north, Timber Mountain 2.5 acre minimum (TM-2.5)to the west and Timber Mountain 1 acre minimum (TM-1) in the general area of the Forest Ranch community core. Land use on surrounding parcels is residential to the north, south, and east; and open space canyon area to the west. This rezone will extend a logical TM 2.5 zone transition buffer that already exists between the R-1 zone and TM-5 zones found on parcels to the east. Land use on the project site is one residential unit and an accessory structure. Approval of this project could lead to the creation of three 2.5 +/- acre parcels that would be consistent with established land uses and densities in the area. The General Plan designation of Agricultural-Residential establishes parcel sizes of between 1 and 40 acres. The ❑ Butte County Planning Commission Agenda Report ❑ 1 proposed rezone would allow a density change from one unit on the existing eight(8)acre parcel to a potential of one unit per 2.5 acres, resulting in a potential increase of two (2) additional residential units on eight(8) acres, a density standard consistent with the General Plan. The Agricultural Residential General Plan designation indicates that single family dwellings at rural densities are a primary use and the FR-2.5 zoning is conditionally consistent based on the following criteria: 1. Compatible with neighboring agricultural activities; and 2. Evidence of adequate water and sewage disposal capacity; and 3. Availability of adequate fire protection facilities; and 4. Adequately maintained approved road access with sufficient capacity to service area; and 5. Reasonable accessibility to commercial services. Based on this criteria the project is compatible as discussed. The surrounding area is in residential uses with no neighboring agricultural activities. The project will not place a substantial burden on fire protection services as Butte County Fire Station No.24 is approximately a half mile to the east on Nopel Avenue. There is no foreseeable impact to water availability indicated by the productivity of existing wells. There is no indication that sewage disposal through the use of septic systems is a problem in the area.Access to the site is adequate from Nopel Avenue and an existing road easement from Forest Circle considering the limited traffic generated by the project. Commercial services in the form of a grocery store and gas station are available within a half mile from the site. This rezone and the subsequent division of the parcels is not expected to create a significant impact to the environment due to the large parcel sizes and the inclusion of standard conditions that would be attached to a tentative parcel map approval that would regulate the use of the land for residential uses. The FR-2.5 rezone would not change any of the other permitted uses which can be done under the current zoning. The end result of this action if approved, is to allow the property owner to make an application for a tentative parcel map for three additional single family parcels. If it is determined at that time based.on current information, that impacts from 2.5 acre parcels are unmitigable, then the project may not be recommended for approval. At this juncture in the process, no information is available that would indicate a problem with dividing the parcel. Other Comments The Sheriffs Department has indicated no significant impacts will result from this rezone or the anticipated creation of six, 20 acrearcels. The Butte County Fire Department indicates that the rezone will result in an incremental P tY increase in the demand for fire protection services and that all new residential development shall adhere to Public Resources Code 4290 and the Fire Safe Regulations of Butte County. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act(CEQA) and is subject to the requirements of CEQA. An Initial Study Part 1 has been prepared by the applicant and Part 2 has been prepared by County staff. Based upon the review of the Initial Study, staff has determined that the project will not have any impacts to the environment. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and were mailed to all property owners within a 300 foot radius of the subject property. As of the date of this report we have received no public comment. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of Application No. REZ 97-01 for George&Shirley Bylard, subject to the findings and conditions listed in Exhibit A. Reviewed and Approved by: Craig Sanders, Senior Planner ❑ Butte County Planning Commission,Agenda Report ❑ 2 EXHIBIT A BUTTE COUNTY PLANNING COMMISSION File#REZ 97-01 for George&Shirley Bylard on APN 063-110-002: A request to rezone an eight(8)acre parcel from Unclassified and TM-5 to TM-2.5 located on the west side of Nopel Avenue approximately 1500 feet north of SR 32 in the Forest Ranch area. This project is located in Supervisorial District 3. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act and no potentially significant environmental effects were identified. B. This project does not have the potential to cause environmental damage to fish or wildlife or their habitat and is Deminimus; and C. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of the County of Butte; and Section 2: General Plan and Zoning Findings. A. Find that the rezone conforms to the policies, including the text and map of the Butte County General Plan, because the requested zone(TM 2.5) is listed as a zone that is consistent with the requested Agricultural-Residential General Plan designation and the uses permitted by the zone will be consistent with the General Plan and surrounding properties; and Section 3: Action. A. Recommend the Board of Supervisors adopt a a Negative Declaration; and B. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, move to recommend that the Board of Supervisors adopt an Ordinance rezoning to FR-2.5, that property identified as APN 063- 110-002. C. Minor changes may be approved administratively by the Director of Development Services, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Attachments: A: Vicinity Map B: Site Plan k:\projects\bylard.rez\pc.rpt ❑ Butte County Planning Commission Agenda Report ❑ 3 Vicinity Map 3 . c 06�Q- o� as r° Qo �c vac ��a 0 u p c do, a Q°tea 0\a` Project Location m c ° REZ 97=01 AP#063-110-002 i° A - M 5 U TM-5 ' PUD TM 1/2 -1 Project Location - TM- r U S-H �a TM-5 �! BUTTE COUNTY PLANNING COMMISSION Applicant: George& Shirley Bylard Owner: Same Hearing Date: January 23, 1997 @ 9:00 a.m. Existing Zone: TM-5, U(Unclassified) A 1 Request: Rezone from TM-5 (Timber Mountain, 5 acre minimum)and U(Unclassified, 20 acre minimum) to No Scale TM-2.5 (Timber Mountain, 2.5 acre minimum). Assessor Parcel No: 063-110-002 File: 97-01 DPPARTNIEl - DEVELOP.NIE� R VICES BUTTE -UNIFORM APPLXA : N APPLICANT: Agent information to be provided is on other side: .AYPLICkNT'S NAME( If applicant is different from owner an afMdavit is requited) ASSESSOR'S PARCEL NUMBEIL G&Mrl-e Fr ADDRESS: D CITY.STATE&ZIP CODE., FM-E' NUMBER:' '` - f3FFICRI?SE?: NAME OF PROPOSED PROJECT(If any) TELEPHONE • ( J/6) -1 LOCATION OF PROJECT(Major cross streets and Address. if any) uiE,Sr 3ipz lYD1;7.EL Avg , /s740 *'t exo,¢rhl of ST f wY. 32 i'!'�`Y.:'�.•a,::' is\S^ .�WL:�!^,•. +:.V!:?C!�`x` ::'!..:.,•i .��w .:n`"�:' ;;fi� .•%.ir'e:<;.z' GENERAL INFORMATION REQUIRED :C:t•::..'.=tom':,', v:,�,.•�_y� ..�:s %"y..�?N-vC-iy:H^�.M. »� ".:7.: Hyl .."!':u.�r1 ..5:•»�:�•.,i%�•� , OWNER'S NAME TELEPHONE .W/.2LEY 6,64a2J ADDRESS: CITY.STATE&ZIP CODE f?D. oox zs F�ZEST .�? '/cr5; cel. t9J;99Z i t ZONE GENERALPIAN EXISTING LAND USE SITE SIZE(is Square Feet or Acres) �- TMJ-S v Low. S. w s:�. 17Q.STIIJG SIRUCnAl0(ia Square Feet) PROPOSE)STRUCTURES(in Square F=t) h'OU @ (Check one) (Check One) = 'M ❑ PROPERTY IS OR PROPOSED TO BE SEWERED• ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER =' PROPERTY@OR PROPOSED TO BE ON SEPTIC PROPERTY IS R PROPOSED TO BE ON WELL WATER ';�°,i:-`r.N.:. �..W. .:�'.:. .•Ww'."R^::•.^:�.-� 'W::�r•`:YSi �.J: ="f:�'}r'.'.^.: ,•-,',•F'•' ,t'.r:i:: jfC,,:i �rV.• '' ..A+-t%-`.� :: •!••.•�} :`� ..J'y':..y:wt� :y�rT �;:.:N:c.�.:..•.`•.. ./::rv• �r {irr Nr ` I •�J j:l�^'-✓..� :q: :�»•:-.„ Gy.. ..yl,•o .�: .J.1'i.ki.. r�. " APPLICATION REQUESTED ❑ GENERAL PLAN AMENDI�-TIT ❑ TENTATIVE PARCEL MAP or REZONE ❑ TENTATIVE SUBDIVISION MAP ❑ USE PERMITIannln' DIVISION WAIVER OF PARCEL MAP P 9 1-3 ❑ MINOR USE PERMIT 3 1996 ❑ MINING AND RECLAMATION PLAN SEP Y• ;." s• ❑ VARIANCE [I11a ❑ BOUNDARY'LINE MODIFICATION orovillet ❑ MINOR VARIANCE ❑ LEGAL LOT DETERMINATION y ❑ ADMINISTRATIVE PERMrr ❑ CERTIFICATE OF MERGER .. ❑ DEVELOPMENT AGREEMENT ❑ OTHER �'a.- ti' •�, :AL;.:P•'^f:::i;".'' •%�ti:.aiY::��:�.. .y..•. - s,.i iSi::;:i:i�ii=�:;:�i ii"... +�G''•�i'� .a�iJ.C''`.�.-,..;: ' %�asVr ;"�` ;c..31�:C .. ma �l'. ��:�. •..{.S;.Ra'ts. ,. PROJECT DESCRIP'TiON •;: .:.�v.;. �':iJ.:Y •�.n:N-t.'._ti:.'v. .•'Y�...•i.•v,: �.�a;•, _r�.`.... �:!•.:;,.., ;:.,c!�i' :.... ,,,..sem •- j�, ,.,lid".;:.. ...�'�;:i ..;�.. ,f.., ..Y':"a ..Xi a. ,t c:.v..;w.. .rr:.,: -rlal,'^C•y ':b:4•:i,:•:':;:: FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets) �4 eI »:.:y�t:'i;�•' ::�rl.:.i.:. ':i'•i'+�`v: •:1•',4,rw:y-,:;;yj:: '.�yi:,�'i1}:i,,: .»: ,�:: _»:••:.i:::�'::''i. :i%:.�:.�.:. au-�;'�.�„t:• ..>•••;;w::;�, +�. .(y�.:yL�,.t^;Yw; .:f.:hti::.a7,yf�:;.'•.1.1.ii� :S:'.,•u� 1..'•k� OWNER CERTIFICATION :•�:. •«:'.';;r::<....,r.:',r•,•'?:::,: -.�..;�;;:;:?.2; I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OF THE ABOVE DESCRIBED PROPERTY.FURTHER,I ACILNOWLFDGETHE FII.ING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE IINFORMATION IS TRUE AND 7CURATF— (If an agent is to be wthorire4 cloture the affidavit of audwrizaion on the revetx side DATE: �( ��/9 SIGNA'NRE: K � a AGENT AUTHOR>ZATIC To Butte County, Department of Deveicpnvat Services; Print Name of Agent and Paan* Number zo.:. .'1 €'t�9,eAr�D�?' .v,�. cyrcoI <W. is hereby authorised to process this application for z�'f on my Property, iderMidduts; 8utie�Courrty'Assesors_:Parcel-Number;. This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for•said processing;'`but •�'�\ �A`.�'. .,f.. not including documents) relating to record tale int�erest. _ t., .fes ;�� .�,� . .� » . • Owner(s) of Record: : s (Sign and Print Name . . $h'/.2��'Y ,�YL�9.P.J • ' ` G'�0.2G�� .�YGr9�- a Print Name Print Name e Signature Signature Architect and/or gineer: e0,2T�/ST�9.2 ,�l?Gl/��E.�/�l� b,✓3 %6DD Print Name of Architect/Engineer and Phone-Number ZJ L�CL�9.e�9�/�/J" J.2. �!/CD� C'�l. �.;.�9,f✓`7,j Maillno Address FOR OFFICE USE ONLY Verify: date received Total amount received AP Number(s) Legal Description c/ 'Owners`°Auttiorization �� -R: , s =' .ZOning re q`uirements c/ Project Description Copies of.plot plan �.: Taken by Receipt No. EH _-_LDPlan Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit will be returned upon•final:action). Current fee for this application is as of Planning Division COUNTY OF BUTTE SEP - 31996 ENVIRONMENTAL INFORMATION FORM Oruvaiie, California (To be Completed By Project Applicant) Date Filed General Information: 1. Name and address of owner, and/or developer, and/or project sponsor: GEG32C E— //.2LEY BYLA,QJ .a0• _ X_Oe f0.2E.ST.2�'C�f: C9 ,JlJgz 2. Address of project: /SS7,9 nOPEG RLE ' Assessor's Parcel Number: 463 3. Name, address, and telephone number of person to be contacted concerning this project: /Y0.2Tfi/.STA.Q F�f�nE.E.e/ryG x,93-/6Gb 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: "X/r9 5. Existing'general plan designation: .4Olf/ 6. Existing zoning district: U Sr 7e9-S 7. How is land currently used? ✓`/�?'G�E F9/'l/LY REQ/.�El�'T/�9G 8. Proposed use of site (Project for which this form is filed): ZrW75W---- 1�911/L!' �E3/OEz'TTIA.G Project Description: 9. Site size: B (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: it Compact: Total: 11. Plans attached Yes—No _ 12. Proposed development schedule �5 X9.5 .a05.s/fes'= 13. Associated projects rY0e,721- 14. Anticipated incremental or phased development !Iy' a 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. 1 f/DG'�E @ //OD3f. Er 16. If commercial, indicate the type,whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. lyle4 17. If industrial, indicate type, estimated employment per shift, and loading facilities.e7/ry 18. If institutional,indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derivedfrom the project.nl� 0 Butte County Department of Development Services 0 Planning Division 0 1 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. 1f permits have already been issued, please attach as Exhibit 5�E ,%n�ye_0 Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. _ ✓ 21. Change in scenic views or vistas from existing residential areas or public lands or roads. ✓� 22. Change in pattern or character of general area of project. _ ✓' 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke,fumes or odors in vicinity. _ v 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. _ v 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. _ Y` ❑ Butte County Department of Development Services 0 Planning Division 0 2 Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project,including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 5ES _541 EI�EITT.9G 33. Describe the surrounding properties,including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type ofiand 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. SU/�I�LE�EI/T/a,C l�/`D. ` T Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date Signature for K:\FORMS\SUBMITTAL\ENV-INFO 0 Butte County Department of Development Services 0 Planning Division 0 3 Rezone Application for George & Shirley Bylard Manning Division APN 063-11-002 SEP - 3 %A Oroville, Cwitomia SUPPLEMENTAL INFORMATION #19 . A rezone is being requested so as to bring the entire property under one common zone and to enhance the potential for future development. #27 . Slope contours are shown on the accompanying plat. Areas of over 30% slope are shown on said plat. . #32 . The project site has 1 single family dwelling of 1100 square feet + -., .and a separate garage of 600 square feet + - that are located in the easterly half of the property. The site slope breaks severely towards the rear approximately half way back from Nopel Avenue. This break line is delineated on the attached plat. The flatter portions contain lightly forested- stands of digger pine and sugar pine with the steeper portion being more densely forested. #33. The surrounding properties are as follows: North: A 5 acre residential parcel. East: Are 2-1/2 acre residential parcels. South: Is the Forest Ranch Subdivision, Unit No. 1 consisting of 42 lots ranging in size from 15,000 square feet to 40,000 square feet. West: Large undeveloped parcels of mountainous/canyon terrain i I { c S-�+3aM OOH- 02Z t - SIC 10 Q 1 O Q 9As�L►`21j110" QO s�n�sct ZOO l'q - aS �O 9 � ar_ 00 t • S �L�Ht� .. �i0 Oh0 - �� Q ' i t (7—L<b 2-924 JV 1 �, t i • � 8 r p � t ,.-. r 9 d y • 1 a 9 a t t t y i A i j t . 1 ' i -- I 1)S: A;-;; EL: 063 1541 010 000 STATUS: ACTIVE PYl ARD OEOFrE f ETAL JT t PIERCE IVAN A & DOROTHY P ETAL C7 tail. 28 15543 NOPEL A"F. FOREST RANCH CA 95942 FOREST RANCH CA 95942 . EL: 063 040 099 000 STATUS: ACTIVE EL: 063 150 012 000 STATUS: ACTIVE WHITE STEPHEN A ETAL CAUDILL WILLIAM H & W JUNE 154 CENTENNIAL AVE P 0 BOX f11973 CHICO CA 95928 FOREST RANCH CA 95942 EL: 063 040 100 000 STATUS: ACTIVE EI-: V7t,J 15!:. <<JIl 000 STATUS: ACTIVE WHITE THELMA B ETAL SH1111 IEn L I E01 A C/O JEFFERS, BALES & RYAN. CPA 3120 COHASSET RD #8 P (l BOX r CH I CO CA 95926 F OR S I Ri�HCl-I CA :'59�i 2 _ EL: 063 :110 004 000 STATUS: ACTIVE EL: 063 150 014 007 STATUS: ACTIVE NELSON CHARMION __ COLE JUAN REX JR &. SUSAN REGINA JT P 0 BOX 53 P 0 BOX 448 FOREST RAIJCI-I CA 95942 FOREST RANCH CA 95942 EL: 063 '110 013 000 STATUS: ACTIVE EL: 063 150-015 000 STATUS: ACTIVE CRANE JAMES SILVA WAYNE A & ROSE K P-0 BOX 1'73 PO BOX 59-14 FOREST RANCH CA 95942 - _CHICO CA 95927 EL: 063 110 029 000 STATUS: ACTIVE EL: 063 150 016 000 STATUS: ACTIVE ELLER WIL.L_IAM ARCHER RICHARD N & CAROLYN R TRUST ARCHER RICHARD N & CAROLYN R TRUSTEES 112 V I A ENSUENO P O. BOX 128 SAN CLEMENTE CA 92672 FOREST. RANCH CA 95942 EL: 063 110 032 000 STATUS: ACTIVE EL: *063 150 017 000 STATUS: ACTIVE BURT TRUST HANSEN FAMILY TRUST BURT EDWIN L & SARAH D TRUSTEES HANSEN ROBERT L & JEANETTE M TRUSTEES PO BOX 58 P 0 BOX. 81 FOREST .RANCH CA 95942 FOREST RANCH CA 95942 EL: 063 110 033 000 STATUS: ACTIVE EL: 063 150 018 000 STATUS: ACTIVE NUNES JOHN F ETAL WILLSEY DEBORAH S NUNES JOHN FRANCIS P 0 BOX B18 P 0 BC1X vo FOREST RANCH CA 95942 FOREST RANCH CA 95942 EL: 063 150 002 000 STATUS: ACTIVE EL: 063 230 001 000 STATUS: ACTIVE DAVIS ROBERT CLARK & VIRGINIA SUE CP WEEKS JAMES L & MARY K P 0 BOX 191) P 0 BOX 730 FOREST RANCH CA 95942 i j FOREST RANCH CA 95942 i EL: 063 150 003 000 STATUS: ACTIVE ! EL: 063 230 002 000 STATUS: ACTIVE HOLTGRIEVE DONALD G & SUSAN W LAUGHRIDGE GARTH R & SUSAN M P O B(l x P O BOX 503 FOREST RANCH CA 95942 FOREST RANCH CA 95942 r o Date 04/16/97 Development Services Departm-nt P Time 1:16 pm Applicant Billing Worksheet Page 1 REZ 97-01 * George & Shirley Bylard P.O. Box 28 Forest Ranch, CA 95942 In reference to : Rezone, AP#063-110-002 Rounding : None Full Precision : No Last bill / / Last aging / Last charge 03/06/97 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 08/26/96 Paula A. / C 1.00 34.00 #9770 Clerical 34.00 09/09/96 Steve L. / P 1.00 59.00 . #9841 Processing 59.00 09/09/96 Teri B. / C 1.00 34.00 #9856 Clerical 34.00 09/21/96 Steve L. / P 2.00 118.00 #9910 Processing 59.00 09/21/96 Paula L. / P 0.25 14.75 #9915 Processing 59.00 10/07/96 Steve L. / P 1.00 59.00 #10024 Processing 59.00 10/21/96 Steve L. / P 2.00 118.00 #10077 Processing 59.00 11/04/96 Steve L. / P 3.00 177.00 #10205 Processing 59.00 11/18/96 Craig S. / P 1.00 59.00 #10319 Processing 59.00 11/18/96 Steve L. / P 0.50 29.50 #10339 Processing 59.00 01/13/97 Diana S. / C 0.30 10.20 #10670 Clerical 34.00 01/13/97 Lynn R. / C 0.50 22.50 #10690 Clerical 45.00 Date 04/16/97 Development Services Department Time 1:16 pm Applicant Billing Worksheet Page 2 REZ 97=01 * :George & Shirley Bylard (continued) Date/Slip# Description HOURS/RATE AMOUNT TOTAL 01/13/97 Craig S. / P 0.25 14.75 #10740 Processing 59.00 01/13/97 Steve L. / P 0.50 29.50 #10758 Processing 59.00 01/27/97 Lynn R. / C 0.75 33.75 #10806 Clerical 45.00 n . 01/27/97 Diana S. / C 0.30 10.20 #10834 Clerical 34.00 02/10/97 Lynn R. / C 0.50 22.50 #10905 Clerical 45.00 02/10/97 Steve L. / P 1.00 59.00 #10944 Processing 59.00 02/24/97 Larry P. / P 0.25 14.75 #11032 Processing 59.00 02/24/97 Teri B. / C 0.25 8.50 #11072 Clerical 34.00 TOTAL BILLABLE TIME CHARGES 17.35 $927.90 Date/Slip# Description OTY/PRICE 12/05/96 Teri B. / $C 1 37.80 #10982 Publish Legal Notice in Chico 37.80 Enterprise Record 03/06/97 Diana S. / $C 1 68.50 #11108 Publish Legal Notice in Chico 68.50 Enterprise Record TOTAL BILLABLE COSTS $106.30 Date 04/16/97 •velopment Services ,Depart nt Time 1:16 pm Applicant Billing Worksheet Page 3 REZ 97-01 * :George & Shirley Bylard (continued) TOTAL NEW CHARGES $1,034.20 PAYMENTS/REFUNDS/CREDITS 09/03/96 Deposit - Receipt #15842 (2,000.00) 04/16/97 Refund/Claim Form to Auditor 965.80 TOTAL PAYMENTS/REFUNDS/CREDITS ($1,034.20) NEW BALANCE TOTAL NEW BALANCE $0.00 COUNTY OF BUTTE Oroville, California GENERAL CLAIM CLAIMANT: George & Shirley Bylard ADDRESS: P.O. Box 28 CITY & STATE: Forest Ranch, CA 95942 DATE OF CLAIM: April 10, 1997 IMPORTANT.- SEE MPORTANT.SEE INSTRUCTIONS SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES ON REVERSE SIDE DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT 410.97 Rezone, File No. REZ 97-01 -REFUND $965. 8o TOTAL $965. 80 I,the undersigned,declare under penalty of perjury that the services or articles claimed have been performed or delivered,and that this claim is true and correct as stated. J Dated this I day of /`" ✓ 19 ,atre Calif. Signature of Clairpant I,the undersigned, hereby certify that,to the best of my knowledge,the services or articles specified above have been performed or delivered and that there is a Budget Appropriation [kq or Specific Board Approval [ ) (Check one)for the same. ,l] Dated this (. 7'' day of '�� ` 19 �/ ,at Calif. / l / Department Head or Authorized Depufy Dept.Code 480-001 Exp.Code 4210900 PAYABLE FROM GENERAL FUND DO NOT WRrrE BELOW THIS UNE-AUDITOR'S USE ONLY I DEPT. &SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT. al DECLARATION OF FEES DUES .. I (Cifornia Fish and Game Code Section 711.4) L NAME AND ADDRESS OF APPLICANT MAR 2 01997 George & Shirley Bylard CAND UBBS,Butte Co.Clerk P.O. Box 28 By Deputy Forest Ranch, CA 95942 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION ( ) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's.Documentary g Handlin Fee 3. O OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF'FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #15803 2. O NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Craig Sanders Title: Senior Planner Lead Agency: Butte CogM Department of Development Services Date: TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. j:Uinda\noe.nod\f&gfee NOTICE OF DETERMINATION TO: _ Office of Plan.&Research Dept. 1400 Tenth Street Sacramento,CA 95814 X Butte County Clerk FROM: Butte County Planning 7 County Center Dr.,Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: Rezone, REZ 97-02 ; AP Number: 063-110-002 Applicant: George&Shirley Bylard State Clearinghouse Number(If submitted to clearinghouse): Contact Person: Steve Lucas Telephone Number: 538-7601 Project Location: West side of Nopel Ave.approx 1500 ft. north of SR 32, Forest Ranch area Project Description: Rezone of an 8 acre parcel from TM-5 and Unclassified to Tm-2.5 This is to advise that the Butte County Board of Supervisors has approved the above-described project on February 25, 1997 and has made the following determinations regarding the above-described project: 1. The project will,`X will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were,_X were not, made a condition of the approval of the project. 4. A statement of overriding considerations was,_X was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville,CA 95965 r ! [ G v aig San6ors Senior Planner j:Vindaknoe.nod\nod.frm CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title/Butte County Location: West.side of Nopel Ave. approx 1500 ft. north of Sr 32, Forest Ranch area Project Description: Rezone of an 8 acre parcel from TM-5 and unclassified to TM-2.5 Findings of Exemption (attach as necessary): 1. The county of Butte has conducted an initial study and prepared a(Negative Declaration or Enviornmental Impact) so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code.. By: Craig anders Senior Planner Lead Agency: County of Butte Date: March 19, 1997 j A1inda\noe.nodV&g.1et r, ... .. 'GATE RECEIPT TOTAL PUBLIC LAFCO USE VARIANCES PUBLIC ZONING ENV OTHER A LICT RECEIVED FROM NO. RECEIVED WORKS PERMITS ADOCUMENTS HEALTH RECEIPT 15803 OFFICIAL RECEIPT • -COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING IS ED BV l APPENDIX G NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT 1. NOTICE IS HEREBY GIVEN that the project described below has been reviewed pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code 21100, et. seq. ) and a determination has been made that it will not have a significant effect upon the environment. Assessor's Parcel No. 063-110-002 2. DESCRIPTION OF PROJECT: Rezone of an 8 acre parcel from TM-5 & Unclassified to TM-2.5 3. LOCATION OF PROJECT: West side of Nopel Ave. approx. 1500 ft. north of SR 32, Forest Ranch area 4. NAME*AND ADDRESS OF PROJECT APPLICANT: George & Shirley Bylard, P.O. Box 28, Forest Ranch 95942 5. MITIGATION MEASURES: None 6. A copy of the initial study regarding the environmental effect of this project is on file at 7 County Center Drive, Oroville. This study was: X Adopted as presented. Adopted with changes. Specific modifications and supporting reasons are attached. 7. A public hearing on this Negative Declaration was held by the decision making body. Hearing Body: Butte County Board of Supervisors Date of Determination: February 25, 1997 Determination: On the basis of the initial study of environmental impact, the information presented at hearings, comments received on the proposal and our own knowledge and independent research: _ X We find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. We find that the project COULD have a significant effect on the environment, but will not in this case because of attached mitigation measures described in item 5 above, which are by this reference made conditions of project approval. A conditional NEGATIVE DECLARATION is hereby adopted. Fred C. Davis, hairman BoarDated Ftgu, 2( v , s GIPAOJO 6 ! 8VW uoisiniQ [JUivU, Id Q ? /y , . i ' Y r ' i e M1. ` . r ��� � � i� �' � . '- �• ` ,. �; ._ 4 �� r � i � � - � � a ., Eatte ount PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916)538-7785 March 10, 1997 George and Shirley Bylard P.O. Box 28 Forest Ranch, CA 95942 Re: Rezone, File REZ97-02, AP 063-110-002 Dear Mr. and Mrs. Bylard: At the regular meeting of the Butte County Board of Supervisors held February 25, 1997, Ordinance No. 3322 was adopted which rezones from "U" & TM-5 to TM-2.5 that property located on the west side of Nopel Avenue, Forest Ranch. A Notice of Determination (NOD) should be filed for purpose of completing the California environmental quality Act requirements. The fee for filing the NOD is a $25.00 document handling fee. A check made payable to the Butte County Treasure in the amount of$25.00 should be submitted to the Planning Division in order to complete the process. Should you have any questions regarding this matter, please contact the Planning Division at (916) 538-7601, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Lyrin Richardson Planning/Administrative Support Services Assistant /Ir cc: NorthStar Engineering J ORDINANCE NO. 3322 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA,AN TM-2.5 (TIMBER MOUNTAIN) DISTRICT, PURSUANT TO SECTION 24-25.40. 1 The Board of Supervisors of the County of Butte, State of California, 2 under and pVrsuant to Section 24-25.40 of the Butte County Code of said County, 3 ORDAINS, as follows: 4 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 TM-2.5 (Timber 7 Mountain - 2.5 acre parcels) District, and such area shall be subject to the 8 restrictions and restricted uses and regulations pursuant to Butte County Code 9 Section 24-190. 10 Said area so zoned being located in the unincorporated area of Butte 11 County, Forest Ranch, more particularly described as follows: 12 Portions of the NW 1/4 of the SE 1/4 and the NE 1/4 of the SW 1/4 of 13 Section 6, T23N, R3E, MDB&M, more particularly described as 14 follows: 15 Beginning at an iron pipe on the accepted south line of said NW 1/4 of the SE 1/4 of Section 6 from which a rock mound marking the 16 center of said SE 1/4 bears S 840 55' E 1132.94 ft., and also being the SW corner of that parcel of land described in deed from Edward 17 F. O'Neill, et ux, to R. C. Percy, et ux, dated December 9, 1958, 18 recorded January 22, 1959, in Book 978, Page 316, official records; thence along said accepted line N 84° 55' W 1126.06 ft. to the lands 19 of Harry Shuffleton; thence along the easterly line of said Shuffleton land N 27° 29' 30" E 359.12 ft.; thence leaving said line S 84° 55' E 20 991.55 ft. to an iron pipe to a point in the W line of the said Percy Parcel; thence along said W line S 5° 2945"W 332.01 ft. to the point 21 of beginning. 22 SECTION 2. This Ordinance shall be and it is hereby declared to be 23 in full force and effect from and after thirty (30) days after the date of its passage, 24 25 and before the expiration of fifteen (15) days after its passage, this 26 Ordinance shall be published once with the names of the members of the Board of p � M 1 Supervisors voting for and against it in the Chico Enterprise Record; a newspaper 2 published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the 4 County of Butte, State of California, on the 25 day of Fetruay1997, by the following 5 vote: 6 7 AYES: Supervisors Beeler, Dolan, Houx, Josiassen and Chair Davis 8 NOES: None 9 ABSENT: None 10 NOT VOTING: None 11 U 12 F ED DAVIS, CHAIRMAN Butte County Board of Supervisors 13 14 ATTEST: JOHN S. BLACKLOCK, Chief Administrative 15 Officer and Clerk of the Board 16 17 By 18 19 20 21 22 23 24 25 26 MEMORANDUM TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Bylard DATE: March 6, 1997 Pursuant to Section 65863.5 of the Government Code,the following parcel/parcels identified as, APN 063-110-002 was/were: X Rezone from U& TM-5 to TM 2.5 zoning district. Granted a variance to Issued a conditional use permit for jAtemp\assessor Sate punt sem` PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916) 538-7785 March 6, 1997 George and Shirley Bylard P.O. Box 28 Forest Ranch, Ca 95942 Re: Rezone, File REZ97-02, AP 063-110-002 Dear Mr.. and Mrs. Bylard: At the regular meeting of the Butte County Board of Supervisors held February 25, 1997,' Ordinance No. 3322 was adopted which rezones from "U" & TM-5 to TM-1.5 that property located on the west side of Nopel Avenue, Forest Ranch. 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 to complete the environmental process. 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. Should you have any questions regarding this matter, please contact this Department. Sincerely, ������ Lyhn Richardson Planning/Administrative Support Services Assistant /Ir cc: NorthStar Engineering r _ LAND OF NATURAL WEALTH AND BEAUTY • .. � - tri PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE,CALIFORNIA 95965.3397 TELEPHONE: (916)538-7601 FAX: (916)538-7785 February 25, 1997 George and Shirley Bylard P. O. Box 28 Forest Ranch, CA 95942 Re: Rezone, File 97-01, AP.063-110-002 Dear Mr. and Mrs. Bylard: At the regular meeting of the Butte County Board of Supervisors held February 25, 1997, Ordinance No. 3322 was adopted which rezones from "U and "TM-5" to "TM-2.5" that property located on the west side of Nopel Avenue, approximately 1500 feet north of SR 32, identified as APN 063-110-002 in the Forest Ranch area. Should you have any questions regarding this matter, please contact this Department. Very truly yours, Thomas A. Parilo Director of Development Services By TP:ds cc NorthStar Engineering AGENDA REPORT TO: Honorable Chair and Board of Supervisors FROM: Department of Development Services DATE: February 11, 1997 REQUEST: Rezone for George&Shirley Bylard, File#REZ 97-01 on APN 063-110-002: A request to rezone an eight(8)acre parcel from.Unclassified and TM-5(Timber Mountain-5 acre min.)to TM-2.5 (Timber Mountain-2.5 acre min.) located on the west side of Nopel Avenue approximately 1500 feet north of SR 32 in the Forest Ranch area. Supervisorial District 3. RELATED ITEMS: Planning Commission staff report and approval recommendation of January 23, 1997. FOR: Board of Supervisors Meeting of February 25, 1997 SUMMARY:The proposed rezone is consistent with the adopted general plan for the area and is consistent with past zoning actions in the area. Staff recommends that the Board of Supervisors confirm the Planning Commission recommendation and approve this request and adopt an ordinance rezoning this property to TM-2.5. PLANNING COMMISSION ACTION: On January 23, 1997 the Planning Commission held a public hearing on this rezone request. There was no written or spoken opposition to the request and overall there was little discussion on this request.The Planning Commission concluded that the request was a logical extension of the existing zoning boundaries and accepted the staff report and unanimously recommended that the Board adopt an ordinance rezoning this property. The Planning Commission agenda report is in attached to this document. ENVIRONMENTAL DOCUMENTATION: This application has, been defined as a project under the California Environmental Quality Act (CEQA) and is subject to the requirements of CEQA. An Initial Study Part 1 has been prepared by the applicant and Part 2 has been prepared by County staff. Based upon the review of the Initial Study, staff has determined that the project will not have any significant impacts to the environment. Additional environmental documentation will be required at the time of parcel map or subdivision map application. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and were mailed to all property owners within a 300 foot radius of the subject property. As of the date of this report we have received no public comment. RECOMMENDATION: Staff recommends that the Board of Supervisors confirm the Planning Commission recommendation and approve this request, Application No. REZ 97-01, and adopt Negative Declaration and an ordinance rezoning this property to TM-2.5 for George and Shirley Bylard subject to the following findings. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act and no potentially significant environmental effects were identified. t B. This project has the potential to cause environmental damage to fish or wildlife or their habitat and the collection of Department of Fish and Game Environmental Filing Fees is required; and C. The Board of Supervisors has independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of the County of Butte; and ❑ Butte County Board of Supervisors Agenda Report ❑ 1 Section 2: Zoning Findings. A. Find that the rezone conforms to the policies, including the text and map of the Butte County General Plan, because the requested zone is listed as a zone that is consistent with the Agricultural Residential General Plan designation and the uses permitted by the zone will be consistent with the General Plan and surrounding properties; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, adopt the Negative Declaration and an ordinance rezoning to TM-2.5, that property identified as APN 063-110-002. Attachments: A: Ordinance B: Planning Commission Minutes, January 23, 1997 C: Planning Commission Agenda Report, November 26, 1996 D: Initial Study E: Site Plan k:\projects\rez\bylard\bos.rpt ❑ Butte County Board of Supervisors Agenda Report ❑ 2 Suite un PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916)538-7785 February 4, 1997 George and Shirley Bylard P.O. Box 28 Forest Ranch, CA 95942 Re: Rezone, File REZ97-01, AP 063-110-002 Dear Mr. and Mrs. Bylard: The Clerk of the Board of Supervisors set a public hearing date for February 25, 1997, at 10:45 a.m., to consider your request for a rezone from TM-5 & "U" to TM-2.5 for property located on the west side of Nopel Avenue, approximately 1,500 feet north of SR 32 in Forest Ranch. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville. Should you have any questions regarding this matter, please contact this Department. Sincerely, Ly chardson Planning/Administrative Support Services Assistant /Ir cc: NorthStar Engineering Clerk of the Board Rezone for George & Shirley Bylard File #97-01 APN 063-11-002 . LEGAL DESCRIPTION PORTIONS OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHWEST 'QUARTER OF SECTION 6,' TOWNSHIP 23 NORTH, RANGE 3 EAST, M. D..B. & M. MORE PARTICULARLY DESCRIBED AS- FOLLOWS: BEGINNING AT AN IRON PIPE ON THE ACCEPTED SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6 FROM WHICH A ROCK MOUND MARKING THE CENTER OF SAID SOUTHEAST QUARTER BEARS SOUTH 84 DEG. 55' EAST 1132 . 94 FEET, AND ALSO BEING THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED FROM EDWARD F. O'NEILL, ET UX, TO R. C. PERCY, ET UX, DATED DECEMBER 9,.. 1958, RECORDED JANUARY 22 , 1959 , IN BOOK 978, PAGE 316, OFFICIAL RECORDS; THENCE ALONG SAID ACCEPTED LINE NORTH 84 DEG. 55' WEST 1126. 06 FEET TO THE LANDS OF HARRY SHUFFLETON; THENCE ALONG THE EASTERLY LINE OF SAID SHUF.FLETON LAND NORTH 27 DEG. 29' 30" EAST 359 . 12 FEET; THENCE LEAVING SAID LINE SOUTH 84 DEG. 55' EAST 991. 55 FEET TO AN IRON PIPE TO A POINT IN THE WEST LINE OF THE SAID PERCY PARCEL; THENCE ALONG SAID WEST LINE SOUTH 5 DEG. 29' 45" WEST 332 . 01 FEET TO THE POINT OF BEGINNING. Manning Division JAN 2 7 1997 Oroville, Calitomia JAN-24-1997 12:40 FROM TO 53877855769 P.02 r� NwthStar ENGINEERING Civil Engineers•A2nn rc•SuNcyam ' iAX TRANSMITT,Aly SMET DATE: /��/V7 JOB # 5 7W SEND TO: Name LYcJ!> Company PAX f REGARDING_ MM. JQ 7V Wa TT>/�9Y • FROMe Name Company. NORTHSTAR ENGINEERING Phone # (916) 893-1600 PAX # (919) 693-2113 Attention: NorthStar Engineering The following transmission consists of this number of sheets, including this transmission sheet: letter size sheets legal size sheets 20 DECLARATION DRIVE CHICO, CALIFORNIA 95926 916-893.1600 I TOTAL P.02 JAN-24-1997 12:39 FROM TO 53877855769 P.01 Rezone for George & Shirley Bylard File #97-01 APN 063-11-002 LEGAL DESCRIPTION PORTIONS OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6,- TOWNSHIP 23 NORTH, RANGE 3 EAST, M.D.B. & M. , MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE ON THE ACCEPTED SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6 FROM WHICH A ROCK MOUND MARKING THE CENTER OF SAID SOUTHEAST QUARTER: BEARS SOUTH 84 DEG. 55� EAST 1132.94 FEET, AND ALSO BEING THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED FROM EDWARD F. O'NEILL, ET UX, TO R. C. PERCY, ET UX, DATED DECEMBER 9, 1958, RECORDED JANUARY 22, 1959, IN BOOK 978, PAGE 316, OFFICIAL RECORDS; THENCE ALONG SAID ACCEPTED LINE NORTH 84 DEG. 55' WEST 1126.06 FEET TO THE LANDS OF HARRY SHUFFLETON; THENCE ALONG THE EASTERLY LINE OF SAID SHUFFLETON LAND NORTH 27 DEG. 29' 30" EAST 359. 12 FEET; THENCE LEAVING SAID LINE SOUTH 84 DEG. 55' EAST 991.55 FEET TO AN IRON PIPE TO A POINT IN THE WEST LINE OF THE SAID PERCY PARCEL; THENCE ALONG SAID WEST LINE SOUTH 5 DEG. 291 4511 WEST 332.01 FEET TO THE POINT OF BEGINNING. . .. ...... 6utte oun y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE. CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916)538-7785 January 23, 1997 George and Shirley Bylard P.O. Box 28 Forest Ranch, CA 95942 Re: Rezone, File REZ97-01, AP 063-110-002 Dear Mr. and Mrs. Bylard: At the regular meeting of the Butte County Planning Commission held January 23, 1997, your request for rezoning from TM-5 &"U"to "TM-2.5"for property located on the west side of Nopel Avenue, approximately 1,500 feet north of SR 32 in Forest Ranch, was recommended for approval. A report of this matter will be made to the Clerk of the Board of Supervisors at which time she will set the public hearing date. You will be notified of the date and time. Should you have any questions regarding this matter, please contact this office. Very truly yours, 4LynnvRichardson Planning/Administrative Support Services Asst. /Ir cc: Clerk of the Board k:lfortnsVezone.frm BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, January 23, 1997, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following items: ITEM ON WHICH A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - George and Shirley Bylard - Rezone an eight (8) acre parcel from "U" (Unclassified) and TM-5 (Timber Mountain - 5 acre parcels) to- TM-2.5 (Timber Mountain - 2.5 acre parcels) located on the west side of Nopel Avenue, approximately 1500 feet north of SR 32, identified as APN 063-110- 002, in the Forest Ranch area. (SL) (REZ97-01) The above mentioned application, Negative Declaration, and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION WILLIAM FARREL, DIRECTOR DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Thursday, December 5, 1996. 1 Eatte, c PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916)538-7785 November 27, 1996 George & Shirley Bylard P.O. Box 28 Forest Ranch, CA 95942 Re: Rezone, AP 063-110-002, REZ97-01 Dear Mr. and Mrs. Bylard: Enclosed is a copy of the Agenda Report concerning your application for a Rezone from TM-5 &'U'U' to TM-2.5 for property located on the west side of Nopel Avenue in the Forest Ranch area. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for January 23, 1997, 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 Stephen Lucas of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very truly yours, Stephen Lucas Associate Planner Enc. cc: NorthStar Engineering 0formskschedule.hm { Bylard Rezone, File#REZ 97-01. COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: 1. Name of Proponent: George&Shirley Bylard 2. Address: P.O. Box 28, Forest Ranch,CA 95942 Phone: (916)345-1264 3. Name of Proposal, if applicable: NIA 4. Type of Project: Rezone 5. Project Description and Location of Parcels: This project is a request to rezone an eight(8)acre parcel(APN 063-110-002)with dual zoning from Unclassified (20 acre minimum parcel size)and TM-5 (Timber Mountain-5 acre. minimum parcel size) to TM 2.5 (Timber Mountain-2.5 acre minimum parcel size). At present approximately five (5) acres to the west are zoned Unclassified with the remaining three(3)acres to the east zoned TM-5. The Land Use Element Map of the Butte County General Plan designates the project site as Agricultural-Residential. The project site is located on the west side of Nopel Avenue approximately 1500 ft. north of SR 32 in the Forest Ranch area. Approval of this rezone will potentially allow the applicant to submit an application to subdivide the project site,and create three,2.5+/-acre parcels. The environmental issues that may result from such a land division would be completely addressed when an application is made for a land division that indicates parcel configurations and access requirements. This Initial Study will only address the impacts directly related to a change in the zoning designation and how this increased density may impact the environment. The project site is developed with a 1,100 sq.ft.dwelling unit and a 600 sq.ft. garage. Domestic water for the dwelling unit is supplied by an on-site well,while sewage disposal is handled by an on-site septic system. The project site is relatively level for approximately 550 feet from the east property line and drastically drops off towards Big Chico Creek Canyon with the western 450 feet having slopes in excess of 30%. Elevations range from 2260 ft.above sea level at the east property line to 2280 ft. near the center of the parcel and falling to approximately 1800 ft. on the west property line. Pine forest covers most of the project site,and the soils on the site are shallow in most areas. Additional project description and area description can be found in the data sheet at the end of this document. 6. Assessor's Parcel Numbers: APN 063-110-002 7. Date Checklist Submitted: October 29, 1996 i ■ Butte County Department of Development Services ■ 1 Bylard Rezone,File#REZ 97-01. II. DETERMINATION: On the basis of this initial evaluation: ® 1 find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. ❑ 1 find that although the proposed project COULD have a significant effect on the environment,there will NOT be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION with mitigation(s) will be prepared. ❑ 1 find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT,.REPORT is required. No V Q6 Completed by: Stephen Lucas,Associate Planner Date Reviewed by: CraWg Sanders, Senior Planner Date III. 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. ❑ Land Use and Planning ❑ Transportation/Circulation ❑ Public Services ❑ Population and Housing ❑ Biological Resources ❑ Utilities&Service Systems ❑ Geophysical ❑ Energy and Mineral Resources ❑ Aesthetics ❑ Water ❑ Hazards ❑ Cultural Resources ❑ Air Quality ❑ Noise ❑ Recreation EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact"answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g.the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific 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) "Potentially Significant Impact"is appropriate if there is substantial evidence that an effect is significant if there are one or more"Potentially Significant Impact'entries when the determination is made,an EIR is required. Planning,Division ■ Butte County Department of Development Services . D E C 0 2 1996 2 Oroville, Callfamias Bylard Rezone, File#REZ 97-01, Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 4) "Potentially Significant Unless 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 Analysis," 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 a earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 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. A source list should be attached, and other sources used or.individuals contacted should be cited in the discussion. N. ENVIRONMENTAL IMPACTS: 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? X b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? X c) Be incompatible with existing land use in the vicinity? X d) Affect agricultural resources or operations(e.g.,impacts to soils or farmlands,or impacts from incompatible land uses)? X e) Disrupt or divide the physical arrangement of an established community(including a low-income or minority community)? X Response: The project parcel is 8 acres in size, and is presently dual zoned Unclassified and TM-5 (Timber Mountain-5 acre minimum). The Land Use Element Map of the Butte County General Plan designates the project site as Agricultural-Residential This project will change the zoning to TM 2.5 member Mountain-2.5 acre minimum). The TM 2.5 zoning is conditionally consistent with the General Plan designation ofAgricultural-Residential which establishes parcel sizes of between 1 and 40 acres. The proposed rezone would allow a density change from one unit on the existing eight(8)acre parcel to a potentia/of one unit per 2.5 acres,resulting in a potential increase of two(2)additional residential units on eight(8)acres, a density standard consistent with the General Plan. ■ Butte County.Department of Development Services ■ 3 Bylard Rezone,File#REZ 97-01. Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Surrounding parcels are zoned R-1 (6500 sq ft. minimum lots size)to the south, Unclassified(U)to the east, Timber Mountain 5 acre minimum(TM-5)to the north, Timber Mountain 2.5 acre minimum (TM-2.5) to the west and Timber Mountain 1 acre minimum in the general area of the Forest Ranch community core. Land use on surrounding parcels is residential to the north, south, and east, and open space canyon area to the west. This rezone will extend a logical TM 2.5 zone transition buffer that already exists between the R-1 zone and TM-5 zones found on parcels to the east. Land use,on the project site is one residential unit and an accessory structure. Approval of this project could lead to the creation of three 2.5 +/- acre parcels that would be consistent with established land uses and densities in the area. Mitigation: None required. 2. POPULATION AND HOUSING. Would the proposal. a) Cumulatively exceed official regional or local population projections? X b) Induce substantial growth in an area either directly or indirectly (e.g.,through projects in an undeveloped area or extension of major infrastructure)? X c) Displace existing housing, especially affordable housing? X Response:The proposed rezone would allow a density change from one unit per 5 acres to one unit per 2.5 acres, resulting in a potential increase of 2 additional residential units on 8 acres, a density standard consistent with the General Plan. This change in residential density will not significantly affect the population of the area because the proposed density does not exceed that planned and being developed in the area. Mitigation: None required. 3. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts invoMnq: a) Seismicity: fault rupture? X b) Seismicity:ground shaking/ liquefaction? X c) Seismicity: seiche? X d) Landslides or mudslides? X e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? X ■ Butte County Department of Development Services ■ 4 Bylard Rezone,File#REZ 97-01. Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact f) Subsidence of the land? X g) Expansive soils? X h) Unique geologic or physical features? X Response: All of Butte County is classified as a Moderate Earthquake Intensity Zone Vlll and potential ground shaking is possible. The Butte County Seismic Safety Element Map indicates that no known faults are located near the project site. Construction of all buildings on the project site to Uniform Building Code standards will provide adequate protection to occupants in case of seismic activity. At such time any land division or development is proposed, additional environmental review to assess the potential impacts of the proposal will occur and all development will be required to meet Uniform Building Code standards enforced by the Building Division. i The proposed rezone would allow a density change from one unit per 5 acres to one unit per 2.5 acres, resulting in a potential increase of 2 additional residential units on 8 acres, a density standard consistent with the General Plan. This change in residential density will not have a significant impact on earth conditions or geologic substructures due to the large parcel sizes. Any future attempts to divide the land will require additional environmental review to assess the potential impacts of additional land divisions on the site at the time an application is-made for such action. Site speck criteria would be examined and all development would be required to meet current county development standards and Chapter 70 of the Uniform Building Code for earthmoving and related site preparation. Mitigation: None required. 4. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X b) Exposure of people or property to water related hazards such as flooding? X c) Discharge into surface waters or other alteration of surface water quality(e.g.temperature,dissolved oxygen or turbidity)? X d) Changes in the amount of surface water in any water body? X e) Changes in currents, or the course or direction of water movements? X f) Change in the quantity of ground waters, either through direct ■ Butte County Department of Development Services ■ 5 Bylard Rezone,File#REZ 97-01. Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact additions or withdrawals, or through interception of an aquifer by cuts or excavation? X g) Altered direction or rate of flow of groundwater? X h) Impacts to groundwater quality? X Response: The proposed rezone would allow a density change from one unit per 5 acres to one unit per 2.5 acres resulting in a potential increase of 2 additional residential units on 8 acres, a density standard consistent with the General Plan. The eastern boundary of the project site is traversed by a seasonal drainage. The expected development of the sites will not result in a substantial impact to this drainage course or an increase in erosion of soils because of the large parcel sizes and the limited development that can occur. fl is not anticipated that future land divisions will cause a significant erosion impacts because impervious surfacing will not be proportionately significant on 2.5 acre parcels and all drainage will be required to be maintained at pre-development levels. Any future attempts to divide the land to the extent permitted by the rezone will require additional environmental review to assess the potential impacts of additional land divisions on the site at the time an application is made for such action. This proposed change in residential density will not result in any significant water related hazards such as flooding as the property is not in a flood zone. The proposed rezone will not result in the substantial alteration the course or flow of flood waters because of the large lot sizes and the limited density of homesites that the rezone may allow. This proposed change in residential density will not have a significant impact on ground water supplies in the immediate area because the project will only create the potential for two additional homesites that will not withdraw substantial quantities of groundwater The area has a reliable source of ground water from perched water zones and deeper permanent aquifers and the Environmental Health Division has not indicated any difficulty in obtaining adequate domestic water. Mitigation: None required. 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air qualityviolation? . X b) Expose sensitive receptors to pollutants? X c) Alter air movement, moisture, or temperature, or cause any change in climate? X d) Create objectionable odors? X ■ Butte County Department of Development Services ■ 6 Bylard Rezone,File#REZ 97-01. Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response:The proposed rezone would allow a density change from one unit per 5 acres to one unit per 2.5 acres resulting in a potential increase of 2 additional residential units on 8 acres that 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. Any future attempts 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. 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. This proposed change in residential density will not significantly affect the local or regional climate. Only large projects such as the construction of high rise buildings, the creation of large water bodies, massive defoliation, or introduction of large areas of vegetation where there were previously none, would have the climatic effects discussed in this question. Since this project has none of these characteristics it will not result in any change in air movement, moisture, temperature, or climate. The proposal will not affect air quality because the increase in the number of vehicle trips is not significant if two additional parcels are created. In addition, the proposal will not create objectionable odors, smoke or fumes. ` Mitigation: None required., 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? X b) Hazards to safety from design features(e.g.sharp curves or dangerous intersections) or incompatible uses(e.g.farm equipment)? X c) Inadequate emergency access or access to nearby uses X d) Insufficient parking capacity onsite/ offsite? X e) Hazards or barriers for pedestrians or bicyclists? X f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? X g) Rail,waterborne or air traffic impacts? X h) Substantial impact upon ebsbng ■ Butte County Department of Development Services ■ Bylard Rezone, File#REZ 97-01. Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact transportation systems, including public transportation services? X Response: The proposed rezone for residential use may result in land divisions that would allow two additional homesites and represent an incremental increase in traffic in the area. The two additional homesites have the potential to generate approximately 14 vehicle trips per day, and this number of trips is not expected to significantly impact the local circulation system. Any future attempts to divide the land to the extent permitted by the rezone will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered,threatened or rare species or their habitats(including but not limited to plants,fish, insects, animals, and birds)? X b) Locally designated species(e.g. heritage trees)? X c) Locally designated natural communities(e.g. oak forest,etc.)? X d) Wetland habitat(e.g. marsh, riparian and vernal pool)? X e) Wildlife dispersal or migration corridors? X Response: The proposed rezone would allow a density change from one unit per 5 acres to one unit per 2.5 acres resulting in a potential increase of 2 additional residential units on 8 acres, a density standard consistent with the General Plan. This change in residential density will not have a significant impact on,or result in a substantial change in the dversity of plant life on the sites because of the large parcels that could be created. The project site is characterized by coniferous forest and oak woodland vegetation. 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, but significant losses of vegetative diversity are not anticipated to occur because of the large parcel sizes. Any future attempts to divide the land to the extent permitted by the rezone will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Full assessment will be performed when the parcel configuration and access are known. This project is not in an area that could possibly contain rare,threatened, or endangered plant species and no physical changes will occur as a result of this rezone. Additional environmental review will be required when an application is made for a land division. At that time botanical surveys may be required and mitigation measures will be developed based on proposed parcel.configurations. The rezone will provide for parcels of sufficient size toavoid any rare or endangered plant populations. Mitigation: None required. ■ Butte County Department of Development Services ■ 8 Bylard Rezone,File#REZ 97-01. Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? X b) Use non-renewable resources in a wasteful and inefficient manner? X c) Conflict with the extraction of identified,significant mineral resources? X Response:The proposed rezone would allow a density change from one unit per 5 acres.to one unit per 2.5 acres resulting in a potential increase of 2 additional•residenfial units on 8 acres. For the short term, the use of energy will be limited to that fuel needed to operate the machinery required to construct driveways, prepare the building sites, and construct two homes. For the long term, energy will be required to heat, cool, and light these homes. This energy use will occur regardless of the location of the homes and is really a function of the continued population growth in Butte County and California. Much of the electricity used in Butte County is generated by hydro-electric power plants and is considered a•renewable source of energy. No significant mineral resources are located on the project site. Mitigation: None required. 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation) X b) Possible interference with an emergency response plan or emergency evacuation plan? X c) The creation of any health hazard or potential health hazard? X d) Exposure of people to existing sources of potential health hazards? X e) Increased fire hazard in areas with flammable brush,grass, or trees? X Response: The proposed rezone may result in land divisions that would allow two additional homesites which represents an incremental increase in the need for fire protection services. The project site is located in an area designated as a high fire hazard area. The fire hazard in this coniferous forest-oak woodland area is two dimensional, in that all structures are exposed to external fire hazards as well as presenting a potential source of fire ignition to surrounding lands. The Butte ■ Butte County Department of Development Services ■ 9 Bylard Rezone,File#REZ 97-01. Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact County Fire Department)Califomia Department of Forestry has indicated that this individual rezone has no impact on the fire departrnent,but the cumulative affect of such rezones and higher densities does result in an incremental increase in demand for fire protection services. The proposed rezone will result in the potential for two additional parcelsfiomesites in the area and any future attempts to divide the land to the extent permitted by the rezone will require additional environmental review which will result in mitigation measures/condfions requiring fire sprinkler systems, water availability requirements and the application of fire safety standards found in Public Resources Code 4290. Mitigation: None required. 10. NOISE. Would the proposal result in: y a) Increases in existing noise levels? X b) Exposure of people to severe noise levels? X Response: The project site is located in an area of rural residential uses away from customary sources of significant noise. Any future divisions of the land to the extent permitted by the rezone may be required to provide a mitigation requiring land owners to sign avigation easements recognizing this potential noise impact. Mitigation: None required. 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? X b) Police protection? X c) Schools? X d) Maintenance of public facilities, including roads? X e) Other governmental services? X Response: The proposed rezone may result in land divisions that would allow two additional homesites which represents an incremental increase in the need for fire protection services. The project site is located in an area designated as a high fire hazard area. The fire hazard in this coniferous forest-oak woodland area is two dimensional, in that all structures are exposed to external fire hazards as well as presenting a potential source of fire ignition to surrounding lands. The Butte County Fire Department/Califomia Department of Forestry has indicated that this individual rezone has no impact on the fire department,but the cumulative effect of such rezones and higher densities does result in an incremental increase in demand for fire protection services. The proposed rezone will result in the potential for two addtional parcelaftmesifes in the area and any future attempts to divide the land to the extent permitted by the rezone will require additional environmental review which will result in mitigation measures/conddons requiring fire sprinkler systems, water availability requirements and the application of fire safety standards found in Public Resources Code 4290. ■ Butte County Department of Development Services ■ 10 Bylard Rezone,File#REZ 97-01. Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact The cumulative impacts of increased development in rural areas impacts the ability of the Sherffs Department to adequately provide police services to outlying areas. As a condition of any subsequent land division approval, the applicant will be required to place a note on a separate document which is to be recorded concurrently with the map or on an adoffonal map sheet staling that, "A development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3,Article 11 of the Butte County Code, prior to issuance of building permits. Said fee amount will be determined and calculated as of the date of application for the building permit. The proposed rezone may result in land divisions that would allow two 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. The school district maintains that these fees do not fully mitigate the impacts of the project, because this project is a legislative action the County can require full mitigation fees. The proposed rezone may result in land divisions that would allow two additional homesites which may represent an incremental increase in the demand for maintenance of roads and other public . facilities in the area that is not considered significant due to the small number of potential additional residents. Mitigation: None required. 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? X b) Communications systems? X c) Local or regional water treatment or distribution facilities? X d) Sewer or septic tanks? X e) Storm water drainage? X f) Solid waste disposal? X g) Special Districts? X Response: The project site is located in an area that is already served by Pacific Gas and Electric, which forecasts energy consumption of their service area and provides for future facility planning. The need for new generating facilities has been offset by the use of energy efficient construction in homes and energy efficient appliances. Pacific Gas and Electric already has distribution lines in the project area and can serve the energy requirements of this project without substantial alteration to existing facilities. The cost of extending new service lines may have to be borne by new residents. Pacific Telesis already has distribution lines in the area and can serve the communication needs of this project without substantial alteration to existing facilities. The cost of extending new service lines may have to be borne by new residents. ■ Butte County Department of Development Services ■ 11 Bylard Rezone,File#REZ 97-01. Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact incorporated Impact Impact Currently,the Butte County Landfill still has the capacity to serve the additional two parcels that may result from any future land cMsion of the project site. There is no mandatory garbage pick-up service required in the rural areas of the County. Some residents may choose to transport their own refuse to the landfill Mitigation: None required. 13. AESTHETICS. Would the proposal. a) Affect a scenic vista or designated scenic highway? X b) Have a demonstrable negative aesthetic effect? X c) Create light or glare? X Response: The proposed rezone may result in land divisions that would allow two additional homesites. The project site does not contain significant light sources at the present time. The two new homes that could be built as a result of any future land division will most likely have night lighting for safety and security reasons. However, these lights will not cause a significant impact. Street lights will not be required as a part of any future land division project. Mitigation: None required. 14. CULTURAL RESOURCES. Would the proposal. a) Disturb paleontological resources? X b) Disturb archaeological resources? X c) Affect historical resources? X d) Have the potential to cause a physical change which would affect unique ethnic cultural values? X e) Restrict existing religious or sacred uses within the potential impact area? X Response: The proposed rezone may result in a land division that would allow two additional homesites that may have an impact on archaeological sites during development activity. The project site has a low archeological sensitivity. This issue is best addressed at the time an application is made for a land division when parcel configurations are determined and an archeological study can be completed if necessary. if any sites are discovered, mitigations will be added requiring avoidance of sites or other mitigations designed to preserve artifacts. Mitigation: None required. 15. RECREATION. Would the proposal. ■ Butte County Department of Development Services ■ 12 Bylard Rezone,File#REZ 97-01. - Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact a) Increase the demand for neighborhood or regional parks or other recreation facilities? X b) Affect existing recreational opportunities? X Response: The proposed rezone may result in a land division that would allow two additional homesites and which could represent an insignificant incremental increase in the demand for park and recreation facilities in the area. The proposed rezone will not affect exisft recreational opportunities. Mitigation: None required. 16. 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 history or prehistory? X b) Does the project have the potential to achieve short-term environmental goals,to the disadvantage of long-term environmental goals? X c)' Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects). X d) Does the project have environmental effects which will cause substantial adverse effects on human being, either ■ Butte County Department of Development Services ■ 13 Eylard Rezone,File#REZ 97-01. directly or indirectly? X Response: As discussed in this document, this proposal does not have the potential to significantly degrade the quality of the environment. ■ Butte County Department of Development Services ■ 14 3ylard Rezone,File#REZ 97-01. V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: None required. ■ Butte County Department of Development Services ■ 15 i Bylard Rezone,File#REZ 97-01. DATA SHEET A. Proiect Description 1. Type of Project: Rezone from Unclassified and TM-5 to TM 2.5. 2. Proposed Density of Development:Approval of this project would allow a tentative parcel map application to be submitted to create two new parcels for residential use. 3. Amount of Impervious Surfacing: Minimal. 4. Access and Nearest Public Road(s): Project site fronts on Nopel Avenue. 5. Method of Sewage Disposal: On-site septic system. 6. Source of Water Supply: On-site well. 7. Proximity of Power Lines: To project site. 8. Potential for further land divisions and development:Approval of this project would allow a tentative parcel map application to be submitted to create two new parcels for residential use. B. Environmental Setting 1. Terrain a General Topographic Character: Foothill transitional zone-rolling terrain. b. Slopes:Average of 1%to greater than 300%. C. Elevation: 1800 to 2260 feet above sea level. d. Limiting Factors: Excessive slopes on western portion of parcel. 2. Soils a. Types and Characteristics: Aiken clay loam with good drainage and easily tilled. b. Limiting Factors: Exposed soils may be easily eroded. 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: Low to high depending on slopes. C. Landslide Potential: Low. d. Fire Hazard:High hazard on western portion and moderate on eastern portion of the project site. e. Expansive Soil Potential: Moderate. 4. Hydrology a. Surface Water: None. b. Ground Water: Existing well site may be able serve new parcels. C. Drainage Characteristics:The parcel drains to the southeast and west. d. Annual Rainfall (normal):60-70 inches per year. e. Limiting Factors: None 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good 7. Air Quality: Good. 8. Vegetation: Coniferous forest with scattered oaks and deciduous trees. 9. Wildlife Habitat: Deer and small mammals. 10. Archaeological and Historical Resources.in the area: Low sensitivity area. 11.. Butte County General Plan designation:Agricultural-Residential. 12. Existing Zoning: U and TM-5. 13. Existing Land Use on-site: One dwelling unit. 14. Surrounding Area: a. Land Uses: Rural residential. b. Zoning: R-1,TM-1,2.5, and 5, Unclassified C. Gen. Plan Designation:Agricultural-Residential, d. Parcel Sizes: .25 acre to 10 acres. ■ Butte County Department of Development Services ■ 16 3ylard Rezone,File#REZ 97-01. 15. Character of Site and Area: Rural residential. 16. Nearest Urban Area: Chico. 17. Relevant Spheres of Influence: None 18. Improvement Standards Urban Area: None. 19. Fire Protection Service: a. Nearest County(State) Fire Station: Station#24, approximately 1/2 mile to the east. b. Water Availability: Fire tankers. 20. Schools: Chico Unified School District. ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1. Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2. Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1. Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2. Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV-1, Scenic Highway Element. Oroville,CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4. Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville,CA: James P. Manning, 1983. 10. Butte County Planning Department. School.District Map. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricuttural Preserves Mao,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. ■ Butte County Department of Development Services ■ 17 .+► a.,. .,._ �.._. ... uCounty j PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916)538-7785 November 25, 1996 George& Shirley Bylard P.O. Box 28 Forest Ranch, CA 95942 RE: Rezone, File# 97-01 Dear Mr. and Mrs. Bylard, The Butte County Planning Division has completed the initial study of potential environmental consequences anticipated in connection with the above-mentioned project, a copy of which is being forwarded to you. Please review the enclosed checklist, noting particularly any environmental problems which could be minimized or avoided by the care and manner in which the project is carried out. Also, please review any recommended mitigation measures. After reviewing the checklist,you may see ways to improve the project design. Design improvements to minimized problems are encouraged. If you note any errors or omissions in our evaluation, please bring them to our attention. We request any comments to be'made within 14 days of this letter. You will be notified of the time and place of the public hearing for your project. If you have any questions regarding environmental review, please contact this office between the hours of 10:00 a.m. and 3:00 p.m. Sincerely, E&gm L� Stephen Lucas JO Associate Planner SL/pa i 0 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: California Dept.of Forestry FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application:Bylard,George&Shirley RZ 97-01 DATE: September 19,1996 PLANNER: Steve Lucas We have received an application for development of the below described property. We are reviewing the application for cempleteness and,if complete,for conditions of approval. 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. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given,or if you have any questions,please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for rezone of an 8 acre parcel from TM-5 and unclassified to TM-2.5 located on the west side of Nopel Ave.approx. 1500 ft.north of SR 132 in the Forest Ranch area,identified as APN 063-11-002. It is within Supervisorial District No. 3 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) X PLANNING COMMISSION DEVELOPMENT REVIEW COMMITTEE ON January 9, 1997. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN October 9,1996_ IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YO UHAVE NONE. COMMENTS(Attach additional pages if necessary): rc G7.ri By: Date: j:\up\comment.wpd 10-16-95 BKH. It Manning Division CEP -1-ft 1996 Q���ville, Califarnla 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Development Services FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application:Bylard,George&Shirley RZ 97-01 DATE: September 19,1996 PLANNER: Steve Lucas We have received an application for development of the below described property. We are reviewing the application for completeness and,if complete,for conditions of approval. 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. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given,or if you have any questions,please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for rezone of an 8 acre parcel from TM-5 and unclassified to TM-2.5 located on the west side of Nopel Ave.approx. 1500 ft.north of SR 132 in the Forest Ranch area,identified as APN 063-11-002 . It is within Supervisorial District No. 3 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION _DEVELOPMENT RE EE ON January 9, 1997. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATE T October 9,1996_: IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASS AT YO NONE. COMMENTS(Attach additional pages if necessary): AL az 42 By: Date: j:\up\comment.wpd 10-16-95 BKH. It 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 Planning Divi ' n BUTTE COUNTY 0 C T 0 11996 DEPARTMENT OF DEVELOPMENT SERVICES Orovill®, Calffomia PLANNING DIVISION TO: Public Works FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application:Bylard,George&Shirley RZ 97-01 DATE: September 19,1996 PLANNER: Steve Lucas We have received an application for development of the below described property. We are reviewing the application for completeness and,if complete,for conditions of approval. 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. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given,or if you have any questions,please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for rezone of an 8 acre parcel from TM-5 and unclassified to TM-2.5 located on the west side of Nortel Ave.approx. 1500 ft.north of SR 132 in the Forest Ranch area,identified as APN 063-11-002 . It is within Supervisorial District No. 3 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) X PLANNING COMMISSION _DEVELOPMENT REVIEW COMMITTEE ON January 9, 1997. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN October 9,1996_ IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YO U HA 1B NONE. COMMENTS(Attach additional pages if necessary): By: Date: j:\up\comment.wpd .10-16-95 BKH. It 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES GWaaGA PLANNING DIVISION TO: Enviromnental Health FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application:Bylard,George&Shirley RZ 97-01 DATE: September 19,1996 PLANNER: Steve Lucas ' We have received an application for development of the below described property. We are reviewing the application for completeness and,if complete,for conditions of approval. 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. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given,or if you have any questions,please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for rezone of an 8 acre parcel from TM-5 and unclassified to TM-2.5 located on the west side of Nopel Ave.approx. 1500 ft.north of SR 132 in the Forest Ranch area,identified as APN 063-11-002. It is within Supervisorial District No. 3 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) X_PLANNING COMMISSION _DEVELOPMENT REVIEW COMMITTEE ON January 9, 1997. YOUR COMMENTS, IF ANY,ARE REQUESTED BY NO LATER THAN October 9,1996_ IFNO COMMENTS OR COMMUNICATION ARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS(Attach additional pages if necessary): This Department has no immediate objections to this rezone. The applicant should be aware that future development will be required to meet Butte County Health Department standards for on-site sewage disposal and provision of potable drinking water (Improvement Standards for SutAivisions). -nning Division 6 Oroville, California By: f Date: C 7 6 j:\up\comment.wpd 10-16-95 BKH. It 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 F BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES punning Division PLANNING DIVISION TO: LAFCO OCT 0 1 1996 � FROM: William Farrel, Director Of Development Services Orovill6, valifomia RE: Request for Comments on a Development Application:Bylard,George& Shirley RZ 97-01 DATE: September 19,1996 PLANNER: Steve Lucas We have received an application for development of the below described property. We are reviewing the application for completeness and,if complete,for conditions of approval. 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. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given,or if you have any questions,please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for rezone of an 8 acre parcel from TM-5 and unclassified to TM-2.5 located on the west side of Nopel Ave.approx. 1500 ft.north of SR 132 in the Forest Ranch area,identified as APN 063-11-002. It is within Supervisorial District No. 3 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) X PLANNING COMMISSION _DEVELOPMENT REVIEW COMMITTEE ON January 9, 1997. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN October 9,1996_ IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS(Attach additional pages if necessary): Z= l= = A S # - i By: Date: j:\up\comment.wpd 10-16-95 BKH. It 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 M - U GOL TM-5 PUD CO LDR i TM 1/ Project Location C c° U ------ TM-5 R REZ 97-01 AP#063-110-002 George &Shirley Bylard X-1 I LEAD - IN SHEET FILE NO: � - t� I AP# lU-3— — (0 O .0 . Z APPLICANT: �/ Name Add, 1 ✓q qZ OWNER: San 0 _ Name Address RESPRESENTATIVE: Name Address REQUEST: REZONE 0 OF QN 8 ACRE P412cEl FROM rt-1-5 AND UNCCgSSrFiED Tb 7M z s SIZE: LOCATION: LOCAT'v ON THE Wf5T SIDE OF NOPfL AVE, gPPRbx IYOV FT Nbk71� bF S9 13Z !N FOREST RANCH 11?EA SUPERVISORAL DISTRICT # 3 EXISTING ZONING: TM-S G( ZONING HISTORY: �zyffl 'o ?S7# f FZI 79 Z o z o U 7M-s SURROUNDING ZONING: f'001 ?M-s//� /,Y / SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: APPLICABLE REGULATIONS: kAforms\lead-in BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: William Farrel, Director Of Development Services RE: Request for Comments on a Development Application:Bylard,George&Shirley RZ 97-01 DATE: September 19,1996 PLANNER: Steve Lucas We have received an application for development of the below described property. We are reviewing the application for completeness and,if complete,for conditions of approval. 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. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given,or if you have any questions,please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for rezone of an 8 acre parcel from TM-5 and unclassified to TM-2.5 located on the west side of Nopel Ave.approx. 1500 ft.north of SR 132 in the Forest Ranch area,identified as APN 063-11-002 . It is within Supervisorial District No. 3 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X PLANNING COMMISSION _DEVELOPMENT REVIEW COMMITTEE ON January 9, 1997. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN October 9,1996_ IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. i COMMENTS(Attach additional pages if necessary): i i By: Date: j:\up\comment.wpd 10-16-95 BKH. It 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 COMNMNT D TRIBUTION LIST APPLICATION: DATE: county O1Hces and Cities: \ Chief Administrative Officer % Develop.Services Director Public Works Director ` Environmental Health _ Building Manager _ _---5„ewa- _ BCAG _ ALUC LAFCo _ APCD _ Butte Co.Farm Bureau Biggs _ Gridley Chico Oroville _ Paradise Chico Airport Commission � ,4~o,;eu gyral � mie ion Irrigation District: Butte.Water _ Biggs/W.Gridley Water _ Durham Irrigation OWID _ Paradise Irrigation _ Richvale Irrigation Table Mountain Irrigation _ Thermalito Irrigation _ Other Domestic Water Butte Water District _ California Water Service Co. _ Del Oro Water Co. OWID _ Thermalito Irrigation District _ Other Sewer _ Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision(CSA 21) _ L.O.A.PUD Fire Protection 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 _ Parc Bell PG&E South-Oroville Viacom Cable TV State Agencies CalTrans _ Dept.of Water Resources Dept.of Fish and Game Forestry(Attn:Craig Carter) _ Dept of Parks and Rec. — Highway Patrol Central Reg.Water Quality Control Department of Conservation _ Off.of Mining Reclamation — Off.of Governmental&Env.Relations Federal Agencies US Forest Service _ US Bureau of Land Management Other Districts,Agencies,Committees,etc. Lime Saddle Dist — Community Association _ Mosq.Abatement.Oroville/Butte Co Drainage — Butte Env.l Council _ Paradise Pines Com. Reclamation — Cal Native Plant Society — Butte Co.Mining Committee _ — NC*thStar 20 DECLARATION DRIVE ENGINEERING CHICO,CALIFORNIA 95973 Civil Engineers•Planners•Surveyors 916-893-1600 TO: , Job No. 57�� Date Attn. PROJECT: TRANSMITTING THE FOLLOWING: FOR: Herewith U �'' - Approval Personal Delivery 4-14� Information Separate cover Z• �"`�° Checking STATUS: G' "'� Your use Preliminary3•�T` Files In Progress Processing Final s• �S�Z9 Review-comment As requested II MESSAGE: i _...:� Planning DivislOn C)rOville,c SEV - " C.C. TO Q Signed `""ti '. "� _ - -. � , �.. .� - � �, r � -- - ` i i ,_ S. ' • ; _ � - l4 - _ `..ti _ - _. ... .. _ - �\ _ _ _ - ._ .- , '. .. - �..- - _ j - — - L i (yC ' S 1 ' l .. ,,...+,.� ..- ..,,1, t'",r'_sS'..��.. ..�r,. ':Y�+t`.x:�c.:�,. _ t. ,.,;.i_:'`. ..-a.. .r.. ...:.mow .,.<...✓ _.,. -,- ..w.. _. -. DATE RECe1PT TOTAL PUBLIC LAFCO USE vq RlgNC es PU BIIC ZONING ENV oTNeR APPLICA T RECEIVED FROM NO. Rec IVSD WORKS PERMITS OOCUMeNTS Neq LTN I RECEIPT 15842 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY 10 ,;'. •GEORGE T. BYLARD' '., •' -'-'" ` '••• � . � 3524 nNc�� �� SHIRLEY I. BYLARD : `a �� 15579 NOPEL �ly �SO4H211 �� G FORESORANCH.CA 95942 . 19 ` ,' CS OPto the rder of �:�;.'.• Y' � Doll, . ' lA 41k.COUNTIES DANK' ?;"• .ti tf-- ilr'. r:n MMANGROVE AV KIIII. ;:.-'i•...:., ., t I,- ,i.. ; M� A :.?.. "ti• F.O.EOX 7107.CNICO;CALIFORNIA YS977 IF,'• �I I- 'y 1 - t �4 t 7t NOUR BANKING SERVICE 1-00?Y77-E741irry -1: 121, 1 50451: .3524 00L2L0213211' 0 HARLAND lWJ5 - ' ORDER NO. BU-146584 RB PARCEL MAP GUARANTEE PARCEL MAP REF. UPDATED (8/26/96) FEE $250.00 YOUR REF. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE. FIRST AMERICAN TITLE INSURANCE COMPANY A CORPORATION, HEREIN CALLED THE COMPANY, GUARANTEES NORTHSTAR ENGINEERING THE COUNTY OF BUTTE AND ANY CITY WITHIN WHICH THE LAND IS LOCATED, HEREIN CALLED THE ASSURED, AGAINST LOSS NOT EXCEEDING $1,000. WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCE WHICH THE COMPANY HEREBY GIVES THAT, ACCORDING TO THE PUBLIC RECORDS, ON THE DATE STATED BELOW, 1. THE TITLE TO THE HEREIN DESCRIBED ESTATE OR INTEREST WAS VESTED IN THE VESTEE NAMED, SUBJECT TO THE MATTERS SHOWN AS EXCEPTIONS HEREIN, WHICH EXCEPTIONS ARE NOT NECESSARILY SHOWN IN THE ORDER OF THEIR PRIORITY; AND 2 . HAD SAID PARCEL MAP BEEN RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SUCH MAP WOULD BE SUFFICIENT FOR USE AS A PRIMARY REFERENCE IN LEGAL DESCRIPTIONS OF THE PARCELS WITHIN ITS BOUNDARIES. ,DATED: AUGUST 26, 1996, AT. 7:30 A.M. FIRST AMERICAN TITLE INSURANCE COMPANY BY G(, D1 ASSISTANT SECRETARY • CLTA GUARANTEE ORDER NO. BU-146584 RB TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: GEORGE T. BYLARD AND SHIRLEY I. BYLARD, AS JOINT TENANTS THE ESTATE OR INTEREST IN THE LAND. HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS GUARANTEE IS: A FEE AND EASEMENT THE LAND INCLUDED WITHIN THE BOUNDARIES OF THE PARCEL MAP HEREINBEFORE REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, AND IS DESCRIBED AS FOLLOWS: PARCEL I: PORTIONS OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 23 NORTH, RANGE 3 EAST, M.D.B. & M. , MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE ON THE ACCEPTED SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6 FROM WHICH A ROCK MOUND MARKING THE CENTER OF SAID SOUTHEAST QUARTER BEARS SOUTH 84 DEG. 55' EAST 1132.94 FEET, AND ALSO BEING THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED FROM EDWARD F. O'NEILL, ET UX, TO R. C. PERCY, ET UX, DATED DECEMBER 9, 1958, RECORDED JANUARY 22, 1959, IN BOOK 978, PAGE 316, OFFICIAL RECORDS; THENCE ALONG SAID ACCEPTED LINE NORTH 84 DEG. 55' WEST 1126.06 FEET TO THE LANDS OF HARRY SHUFFLETON; THENCE ALONG THE EASTERLY LINE OF SAID SHUFFLETON LAND NORTH 27 DEG. 29' 30" EAST 359. 12 FEET; THENCE LEAVING SAID LINE SOUTH 84 DEG. 55' EAST 991.55 FEET TO AN IRON PIPE TO A POINT IN THE WEST LINE OF THE SAID PERCY PARCEL; THENCE ALONG SAID WEST LINE SOUTH 5 DEG. 29' 45" WEST 332 .01 FEET TO THE POINT OF BEGINNING. PARCEL II: AN EASEMENT FOR INGRESS AND EGRESS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PORTION OF NORTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 23 NORTH, RANGE 3 EAST, M.D.B. & M. , MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONTINUED PAGE 2 CLTA GUARANTEE ORDER NO. BU-146584 RB PARCEL II: CONTINUED BEGINNING AT AN IRON PIPE ON THE ACCEPTED SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6 FROM WHICH THE CENTER OF SOUTHEAST 1/4 BEARS SOUTH 85 DEG. 14' 00" EAST, 1, 132.94 FEET; THENCE NORTH 5 DEG. 08' 40" EAST, 391.00 FEET; THENCE SOUTH 85 DEG. 16' 00" EAST, 30. 10 FEET; THENCE SOUTH 8 DEG. 32' 31" WEST, 391.92 FEET; THENCE NORTH 85 DEG. 14' 00" WEST, 6.91 FEET TO THE POINT OF BEGINNING. PARCEL III: AN EASEMENT FOR INGRESS AND EGRESS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PORTION OF NORTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 23 NORTH, RANGE 3 EAST, M.D.B. & M. , MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE ON THE ACCEPTED SOUTH LINE OF SAID NORTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 6 FROM WHICH THE CENTER OF SOUTHEAST QUARTER BEARS SOUTH 85 DEG. 14' 00" EAST 1132.94 FEET; THENCE NORTH 5 DEG. 08' 40" EAST, 391.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 5 DEG. 08' 40" EAST, 405.01 FEET; THENCE SOUTH 85 DEG. 17' 14" EAST, 30.06 FEET; THENCE SOUTH 5 DEG. 08 40" WEST 405.02 FEET, THENCE NORTH 85 DEG. 161 00" WEST, 30. 10 FEET TO THE POINT OF BEGINNING. PARCEL IV: AN EASEMENT FOR INGRESS AND EGRESS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PORTION OF NORTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 23 NORTH, RANGE 3 EAST, M.D.B. & M. , MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE ON THE ACCEPTED SOUTH LINE OF SAID NORTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 6 FROM WHICH THE CENTER OF SOUTHEAST QUARTER BEARS SOUTH 85 DEG. 14' 00" EAST 1132 .94 FEET; THENCE NORTH 5 DEG. 08' 40" EAST, 332 . 01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 85 DEG. 16' 00" WEST, 33 .73 FEET; THENCE NORTH 8 DEG. 32' 31" EAST, 61. 26 FEET; THENCE NORTH 5 DEG. 08' 40" EAST, 404.25 FEET; THENCE NORTH 11 DEG. 54' 16" EAST, 66.23 FEET; THENCE SOUTH 78 DEG. 05' 44" EAST, 59.72 FEET; THENCE SOUTH 11 DEG. 54' 16" WEST, 60.00 FEET; THENCE NORTH 85 DEG. 17' 14" WEST, 30. 06 FEET; THENCE SOUTH 5 DEG. 08' 40" WEST, 405. 01 FEET TO THE POINT OF BEGINNING. CONTINUED PAGE 3 CLTA GUARANTEE ORDER NO. BU-146584 RB EXCEPTIONS: 1. GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 1996-97, A LIEN, BUT NOT YET DUE OR PAYABLE. 2 . THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. A REPORT HAS BEEN ORDERED TO DETERMINE IF A SUPPLEMENTAL TAX BILL HAS BEEN SENT OUT. IF A BILL HAS BEEN SENT, A REPORT WILL FOLLOW PRIOR TO THE CLOSE OF ESCROW. RE-CHECK SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW. 3. THE RIGHT TO CONSTRUCT, PLACE, INSPECT, MAINTAIN, REPLACE, REMOVE AND USE FACILITIES OF THE TYPES STATED HEREIN AND OTHER INCIDENTAL PURPOSES IN FAVOR OF: PACIFIC GAS AND ELECTRIC COMPANY FACILITIES: POLES, CROSSARMS, BRACES, ETC. RECORDED: SEPTEMBER 10, 1947, IN BOOK 407, PAGE 406, OFFICIAL RECORDS. ...-- THE EXACT ROUTE OR LOCATION OF SAID EASEMENT/RIGHT OF WAY IS NOT DEFINED OF RECORD AND MAY OR MAY NOT AFFECT THE HEREIN DESCRIBED LAND. 4. THE RIGHT OF INGRESS AND EGRESS, AS RESERVED RECORDED AUGUST 4, 1959, IN BOOK 1011, PAGE 502, OFFICIAL RECORDS. AFFECTS EASTERLY 60 FEET. 5. THE EFFECT OF A DEED, CONVEYING THE NORTHERLY 1.00 FOOT OF ROBERT E. LEE DRIVE TO THE COUNTY OF BUTTE RECORDED APRIL 22, 1966, IN BOOK 1423, PAGE - 594, OFFICIAL RECORDS. 6. A RIGHT OF WAY AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES FOR: INGRESS AND EGRESS RECORDED: APRIL 19, 1974, IN BOOK 1903, PAGE 332, OFFICIAL RECORDS. THE EXACT ROUTE OR LOCATION OF SAID EASEMENT/RIGHT OF WAY IS NOT DEFINED OF RECORD AND MAY OR MAY NOT AFFECT THE HEREIN DESCRIBED LAND. CONTINUED PAGE 4 CLTA GUARANTEE ORDER NO. BU-146584 RB 7. THE RIGHT TO CONSTRUCT, PLACE, INSPECT, MAINTAIN, REPLACE, REMOVE AND USE FACILITIES OF THE TYPES STATED HEREIN AND OTHER INCIDENTAL PURPOSES IN FAVOR OF: PACIFIC GAS AND ELECTRIC COMPANY FACILITIES: POLES, AERIAL WIRES, CABLES, ETC. RECORDED: SEPTEMBER 12, 1974, IN BOOK 1937, PAGE 611, OFFICIAL RECORDS. AFFECTS: EASTERLY PORTION. TAX NOTE: GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 1995-96, 1ST INSTALLMENT: $233 . 04, PAID 2ND INSTALLMENT: $233 .04, PAID EXEMPTION: $7, 000.00 ASSESSED: SEPARATELY AP# 063-110-002-000 CODE AREA 062-018 NOTE: THE LAND HEREIN WAS CREATED BY GRANT DEEDS, RECORDED JUNE 21, 1956, IN BOOK 835, PAGE 331, OFFICIAL RECORDS, AND AUGUST 4, 1959, IN BOOK 1011, PAGE 502, OFFICIAL RECORDS. THE VESTEE HEREIN ACQUIRED TITLE BY DEED, RECORDED FEBRUARY 28, 1980, IN BOOK 2491, PAGE 453, OFFICIAL RECORDS. LW:TR AUGUST 26, 1996 PAGE 5 0 0 I = � b \� M CI IZeON U � le Z o • Q o, =g 4 I Hsi f��1� j o �, N 0 ��oS$ u O0 er31bls� ' CJ a sdgw `Ok ee N k1J In W I • 7� ' � O d I FF \ ' Q k. 3jo `R ° c s oe aa m 09005 96710, >s -all p3 v M h b Wr �9/b p I N� 4 �o.o� 1 Q V o7�af b1q N I� O SNI N `,si°w 9:� fa Z66 I 06zi 1 _ O �I©°,1�� m � o R L9rrr -lira` -icc-_ RQBERr ' \ Q A �c 1 O Wf a of N O 0 m � Ot I N ~ N N yyw ,pO• J ! 4 � • 0 N xo iol srF �b W � H I H N w y n 40 v I � p I a m o „ I Ln o � I o . I N o, I I o Planning Division SEP - :4 1996 umvUic, l adornia a GUARANTEE i A M E R � p FirstAmerican Title Insurance Company 9 9 O 4 Form No. 1282 (Rev.6/6/92) GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. this Guarantee. If the Company shall exercise its rights under this The following terms when used in the Guarantee mean: paragraph, it shall do so diligently. (a) "the assured": the parry or parties named as the assured in this (b) if the Company elects to exercise its options as stated in Paragraph Guarantee,or on a supplemental writing executed by the Company. 5(a)the Company shall have the right to select counsel of its choice(subject to the right of such assured to object for reasonable cause)to represent the (b) "land":the land described or referred to in Schedule(A)(C)or in Part assured and shall not be liable for and will not pay the fees of any other 2,and improvements affixed thereto which by law constitute real property. counsel,nor will the Company pay any fees,costs or expenses incurred by The term'land"does not include any property beyond the lines of the area an assured in the defense of those causes of action which allege matters not described or referred to in Schedule(A)(C)or in Part 2,nor any right,title, covered by this Guarantee. interest,estate or easement in abutting streets,roads,avenues,alleys,lanes, ways or waterways. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee,the Company may (c) "mortgage': mortgage, deed of trust, trust deed, or other security pursue any litigation to final determination by a court of competent instrument. jurisdiction and expressly reserves the right,in its sole discretion,to appeal (d) "public records": records established under state statutes at Date of from an adverse judgment or order. Guarantee for the purpose of imparting constructive notice of matters (d) In all cases where this Guarantee permits the Company to prosecute relating to real property to purchasers for value and without knowledge. or provide for the defense of any action or proceeding, an assured shall (e) "date": the effective date. secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the 2. Exclusion from Coverage of this Guarantee. Company to use,at its option,the name of such assured for this purpose. Whenever requested by the Company, an assured, at the Company's The Company assumes no liability for loss or damage by reason of the expense, shall give the Company all reasonable aid in any action or following: proceeding,securing evidence,obtaining witnesses,prosecuting or defend- (a) Taxes or assessments which are not shown as existing liens by the ing the action or lawful act which in the opinion of the Company may be records of any taxing authority that levies taxes or assessments on real necessary or desirable to establish the title to the estate or interest as stated property or by the public records. herein, or to establish the lien rights of the assured. If the Company is prejudiced by the failure of the assured to furnish the required cooperation, (b) (1) Unpatented mining claims; (2) reservations or exceptions in the Company's obligations to the assured under the guarantee shall patents or in Acts authorizing the issuance thereof; (3) water rights,claims terminate. or title to water:whether or not the matters excluded by(1), (2)or(3)are shown by the public records. G. Proof of Loss or Damage. (c) Assurances to title to any property beyond the lines of the land In addition to and after the notices required under Section 3 of these expressly described in the description set forth in Schedule(A)(C)or in part Conditions and Stipulations have been provided the Company,a proof of 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or loss or damage signed and sworn to by the assured shall be furnished to the waterways on which such land abuts,or the right to maintain therein vaults, Company within ninety(90)days after the assured shall ascertain the facts tunnels, ramps or any other structure or improvement; or any rights or giving rise to the loss or damage.The proof of loss or damage shall describe easements therein unless such property,rights or easements are expressly the matters covered by this Guarantee which constitute the basis of loss or and specifically set forth in said description. damage and shall state,to the extent possible,the basis of calculating the (d) (1) Defects,liens,encumbrances or adverse claims against the title,if amount of the loss or damage.If the Company is prejudiced by the failure assurances are provided as to such title,and as limited by such assurances. of the assured to provide the required proof of loss or damage, the (2) Defects,liens,encumbrances,adverse claims or other matters(a) Company's obligation to such assured under the guarantee shall terminate. whether or not shown by the public records, and which are created, In addition, the assured may reasonably be required to submit to suffered,assumed or agreed to by one or more of the assureds; (b)which examination under oath by any authorized representative of the Company result in no loss to the assured;or(c)which do not result in the invalidity and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose d assurances provided. representative of the Company, all records, books, ledgers, checks, correspondence and memoranda,whether bearing a date before or after 3• Notice of Claim to be Given by Assured Claimant. Date of Guarantee,which reasonably pertain to the loss or damage.Further, if requested by any authorized representative of the Company,the assured An assured shall notify the Company promptly in writing in case knowledge shall grant its permission, in writing,for any authorized representative of shall come to an assured hereunder of any claim of title or interest which the Company to examine, inspect and copy all records, books, ledgers, is adverse to the title to the estate or interest,as stated herein,and which checks,correspondence and memoranda in the custody or control of a third might cause loss or damage for which the Company may be liable by virtue party, which reasonably pertain to the loss or damage. All information of this Guarantee.If prompt notice shall not be given to the Company,then designated as confidential by the assured provided to the Company all liability of the Company shall terminate with regard to the matter or pursuant to this Section shall not be disclosed to others unless, in the matters for which prompt notice is required;provided,however,that failure reasonable judgment of the Company,it is necessary in the administration to notify the Company shall in no case prejudice the rights of any assured of the claim.Failure of the assured to submit for examination under oath, under this Guarantee unless the Company shall be prejudiced by the failure produce other reasonably requested information or grant permission to and then only to the extent of the prejudice. secure reasonably necessary information from third parties as required in the above paragraph,unless prohibited by law or governmental regulation, 4. No Duty to Defend or Prosecute. shall terminate any liability of the Company under this Guarantee to the The Company shall have no duty to defend or prosecute any action or assured for that claim. proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 7. Options to Pay or Otherwise Settle Claims: Termination of Liability. 5. Company's Option to Defend or Prosecute Actions; Duty of In case of a claim under this Guarantee, the Company shall have the Assured Claimant to Cooperate. following additional options: Even though the Company has no duty to defend or prosecute as set forth (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the in Paragraph 4 above: Indebtedness. (a) The Company shall have the right, at its sole option and cost, to The Company shall have the option to pay or settle or compromise for institute and prosecute any action or proceeding, interpose a defense, as or in the name of the Assured any claim which could result in loss to limited in(b),or to do any other act which in its opinion may be necessary the Assured within the coverage of this Guarantee,or to pay the full or desirable to establish the title to the estate or interest as stated herein, amount of this Guarantee or,if this Guarantee is issued for the benefit or to establish the lien rights of the assured,or to prevent or reduce loss or of a holder of a mortgage or a lienholder,the Company shall have the damage to the assured. The Company ma-, any appropriate action option to pure`----he indebtedness secured by said mortgage or said under the terms of this Guarantee, whe; )r not it shall be liable lien for the an owing thereon, together with any costs,reason- hereunder,and shall not thereby concede Ii:___-, or waive any provision of, able attorneys .__., and expenses incurred by the assured claimant GUARANTOCONDITIONS AND STIPULATIO*(continued) which were authorized by the Company up to the time of purchase. 11. Payment of Loss. Such purchase,payment or tender of payment of the full amount of (a) No payment shall be made without producing this Guarantee for the Guarantee shall terminate all liability of the Company hereunder. endorsement of the payment unless the Guarantee has been lost or In the event after notice of claim has been given to the Company by destroyed,in which case proof of loss or destruction shall be furnished to the Assured the Company offers to purchase said indebtedness, the the satisfaction of the Company. owner of such indebtedness shall transfer and assign said indebt- (b) When liability and the extent of loss or damage has been definitely edness, together with any collateral security, to the Company upon fixed in accordance with these Conditions and Stipulations, the loss or payment of the purchase price. damage shall be payable within thirty(30)days thereafter. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the 12. Subrogation Upon Payment or Settlement. claimed loss or damage,other than to make the payment required in that Whenever the Company shall have settled and paid a claim under this paragraph,shall terminate,including any obligation to continue the defense Guarantee,all right of subrogation shall vest in the Company unaffected by or prosecution of any litigation for which the Company has exercised its any act of the assured claimant. options under Paragraph 5,and the Guarantee shall be surrendered to the Company for cancellation. The Company shall be subrogated to and be entitled to all rights and (b) To Payor Otherwise Settle With Parties Other than the Assured or With remedies which the assured would have had against any person or property th in respect to the claim had this Guarantee not been issued.If requested by the Assured Claimant. the Company, the assured shall transfer to the Company all rights and To pay or otherwise settle with other parties for or in the name of an remedies against any person or property necessary in order to perfect this assured claimant any claim assured against under this guarantee, right of subrogation. The assured shall permit the Company to sue, together with any costs,attorneys'fees and expenses incurred by the compromise or settle in the name of the assured and to use the name of the assured claimant which were authorized by the Company up to the assured in any transaction or litigation involving these rights or remedies. time of payment and which the Company is obligated to pay. if a payment on account of a claim does not fully cover the loss of the assured Upon the exercise by the Company of the option provided for in Paragraph the Company shall be subrogated to all rights and remedies of the assured (b) the Company s obligation to the Assured under this Guarantee for the after the assured shall have recovered its principal, interest, and costs of claimed loss or damage,other than to make the payment required in that collection. paragraph,shall terminate,including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its 13. Arbitration. options under Paragraph 5. Unless prohibited by applicable law,either the Company or the assured may 8. Determination and Extent of Liability. demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association.Arbitrable matters may include,but are This Guarantee is a contract of indemnity against actual monetary loss or not limited to, any controversy or claim between the Company and the damage sustained or incurred by the Assured claimant who has suffered loss assured arising out of or relating to this Guarantee, any service of the or damage by reason of reliance upon the assurances set forth in this Company in connection with its issuance or the breach of a Guarantee Guarantee and only to the extent herein described, and subject to the provision or other obligation.All arbitrable matters when the Amount of exclusions stated in Paragraph 2. Liability is$1,000,000 or less shall be arbitrated at the option of either the The liability of the Company under this Guarantee to the assured shall not Company or the assured.All arbitrable matters when the amount of liability exceed the least of: is in excess of$1,000,0000 shall be arbitrated only when agreed to by both the Company and the assured.The Rules in effect at Date of Guarantee shall (a) the amount of liability stated in Schedule A; be binding upon the parties.The award may include attorneys'fees only if (b) the amount of the unpaid principal indebtedness secured by the the laws of the state in which the land is located permit a court to award mortgage of an assured mortgagee,as limited or provided under Section 7 attorneys'fees to a prevailing party.Judgment upon the award rendered by of these Conditions and Stipulations or as reduced under Section 10 of these the Arbitrator(s) may be entered in any court having jurisdiction thereof. Conditions and Stipulations,at the time the loss or damage assured against The law of the situs of the land shall.apply to an arbitration under the Title by this Guarantee occurs,together with interest thereon;or Insurance Arbitration Rules. (c) the difference between the value of the estate or interest covered A copy of the Rules may be obtained from the Company upon request. hereby as stated herein and the value of the estate or interest subject to any defect,lien or encumbrance assured against by this Guarantee. 14. Liability.Limited to This Guarantee;Guarantee Entire Contract. 9. Limitation of Liability. (a) This Guarantee together with all endorsements,if any,attached hereto by the Company is the entire Guarantee and contract between the assured (a) If the Company establishes the title,or removes the alleged defect,lien and the Company. In interpreting any provision of this Guarantee, this or encumbrance, or cures any other matter assured against by this Guarantee shall be construed as a whole. Guarantee in a reasonably diligent manner by any method, including (b) Any claim of loss or damage,whether or not based on negligence,or litigation and the completion of any appeals therefrom, it shall have fully any action asserting such claim,shall be restricted to this Guarantee. performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c) No amendment of or endorsement to this Guarantee can be made (b) In the event of any litigation by the Company or with the Company's except by a writing endorsed hereon or attached hereto signed by either the consent,the Company shall have no liability for loss or damage until there President,aVice President,the Secretary,anAssistant Secretary,or validating has been a final determination by a court of competent jurisdiction, and officer or authorized signatory of the Company. disposition of all appeals therefrom,adverse to the title,as stated herein. 15. Notices,Where Sent. (c) The Company shall not be liable for loss or damage to any assured for All notices required to be given the Company and any statement in writing liability voluntarily assumed by the assured in settling any claim or suit required to be furnished the Company shall include the number of this without the prior written consent of the Company. Guarantee and shall be addressed to the Company at 114 East Fifth Street, 10. Reduction of Liability or Termination of Liability. Santa Ana,California 92701. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 5 shall reduce the amount of liability pro tanto. M"8'.l��l^ .rt�,pXi�k71e � i, I`i+kfa.. .. —__ •w+t•M, — ,.i•t' _. — ow ``,Y .a- -1 yi..•r, x L s,a�T ` >: ` j t V_ �r �' t _\,) >,a.. .. • l/;�%/ ,�7lI//Ir�I/ter �•. . . ' V- N' r F . • �. ►� C �`� LAU 03 LO RQa LO ~ - !' cl rju pr 1 1e'E'b2� 1 •�, 'gyp'. ,J`, ,,{{//1 ��� •�.• i I + I � Cr I I .A , 1 I� / a � I 1 I I / -T-M-s U I � I II II it I � . II I s�g��cT M- I/2 PROPE'rTy T_ � -- cr W � Planning Division I r� JUL U 3 W6 r� Orovu1t;,, California I y Q ; G? S //2 , SEC. 6 T 23 N. R. 3E. . M. D. B. E3- Planning Division _ JUN 2 0 `1996 `7rovi:i% Gaidomia PARr OF 63-04-76 297 401 48 416.4.9 1 465.83 LOT 6 � � � 0 36 2@7)37 0 (54.73) I 5.34AC 1 �+ 'a n .1..0 %*3C 2 � 5.34 AC o PM 107-25 I 529.1! / I / FLDOIN SUB. UNIT N0. ! e 46649 � ( pp A ^0 6y� _ ryc\i IG A c 2opmB.94AC 'L Q4 I " �i PdIS7-sls — _ -+ 2 pM 7.5.71 i 29 — 991.88 N I 1095 34 (PORT/ON: OF FOREST _25_9.5_9 ENGL ISH LANE RQ/'✓CH SUB) c ' I 32 267.4/ 27C 27 27 .23 �- _ _ I 2 ^ G v / 33 _ `� � U - - 1126 0 6 12.58 AC. 2.59 AC. 34 O J �-- ( 1 IPM93-26, 2' v 2.58AC.Q 2.59AC.' PM8 -75 21S9 io roo �a� l s - LOT 7 (54.80) (b(b��_ 5.02 ac °h. 1 UN TA IN nILLAG£ SUBDI4V 3 N ►'� P�Se 7.09Ac E3113.olac 0; \ ( 1r a a q d cj9 \ i , p�0� s� • �,�r 19 0.3AC. i �.. ,�82- ' — 2,—,e Piµ....• L RS 39.20 I =a` - ` -}>>o� CRE / : 000,EER /// , 19 //� S 86017'.3-9 £ L.S. 2780 1971 09 Assessor's Map No. 63— ; , �: Ri5 91201 71 39 M.O.R, 20 SE,SE� � County of Butteal;fFEBRUARY 1964 Paeon J a 0 4 � cr dCi. - \ FOREST RA NCH TM-5 Zone j SCALE= 1*-60' �3 R^n— j clarvon OJ 7 ( l TO CN/f.0 •L��O NT5 N 85'18'02" W LOCATION MIP$� � / 958.14' EXIST. DRIVEWAY .r TOP OF BANK ` o' 30% SLOPE LINE r mo h^ U Zone \ AREA OVER 30% SLOPE o� AP 63-11002 TM-5 Zone �^ 8AC W EXIST. GARAGE TOP OF BANK 600 S.F. + - Q F 30% .SLOPE LINE T \ EXIST. RESIDENCE F _ ATTACHMENT E � N 1100 S.F. + I � Z - EXIST. WELL 000 ,I co S 85'14'00" E EXIST. DRIVEWAY GENERAL NOTES ti4p 945.37' / 1 1. OWNER : GEORGE AND SHIRLEY BYLARD P.O. BOX 28 ■rte+ FOREST RANCH, GA 95942 0 2. APP, NO. : 063-11-02 N 3. GENERAL PLAN : LOW DENSITY RESIDENTIAL �( t4 '1 e F"I"RINTED 4. EXISTING ZONING : TM-5 AND U NGN UQG. N 5. PR0P05ED ZONING a TM-2-I/2 Eye ApMPPs, NOV 2 7 1996 6. SEWAGE D15PO5AL:EXISTING SEP TIG SYSTEM U Zone EXISTING ACCESS EASEMENT / / 8`�' 7. WATER :EXISTING WELL PER 34 MAPS 44 NORTH STARI FNGINEERING 8. LAND U5E :EXI5TING-51NGLE FAMILY RESIDENTIAL I PR0P05ED-51NGLE FAMIL Y RE5IDENTIAL UJ -j R-1 Zone LEGEND u V PLAT TO ACCOMPANY REZONE APPLICATION, LNA AREA TO BE REZONED 84C. IL BEING A PORTION OF THE NW 1/4 OF - , THE SE 114 AND THE NE 1/4 OF THE -• ZONE BOUNDARY SW 114 OF SECTION 6, TOWNSHIP N. 23 NORTH RANGE 3 EAST M.D.B. + M. --- ---- ��annjng Division BUTTE COUNTY CALIFORNIA for DEC 0 2 im GEORGE AND SHIRLEY SYLARD r viii A u NorthStarCIVIL ENGINEERS * PLANNERS * SURVEYORS 20 DECLARATION DRIVE ; CAICO, CALIFORNIA 95926 ENGINEERING (916) 893-1600 AUGUST, N96 5769 A°i Pa i Toe o C �ieG �^-f-J 2 U o n S ¢ 3 >D oJ•.i•a Crag U v. Lo Cir � �� FOREST p I � Y u RANCH °o 'y J� TM-5 Zone = _� SCALE: 1'-60' �•`f• v O V Cant/°n v, 2 ti 7 t N s pp►AM ps, PG �ti� ZZ NTS LOCATION MAP 51 s o2 w / 958.14' TOP OF BANK EXIST. DRIVEWAY ` � 30% SLOPE LINE 0 j h^' I U Zone \ AREA OVER �. -30% SLOPE � N 0 AP 63-11-0D2 TM-5 Zone 8 AC, EXIST. GARAGE ,00- � � /-1260 TOP OF BANK 600 S.F. + - 30% SLOPE LINE r �� I EXIST. RESIDENCE 0 1100 S.F. + clq - 1) I EXIST. WELL 'bo S 85'14'00" E EXIST. DRIVEWAY \ o v� GENERAL NOTES — y=- 945.37' h OWNER : GEORGE AND SHIRLEY BYLARD P.O. BOX 28 FOREST RANCH, CA 95942 2. AP, NO. . 0634-02 3. GENERAL PLAN : LOW DENSITY RESIDENTIAL (J 4. EXISTING ZONING : TM-5 AND U NGN u?G. °` H 5. PROP05ED ZONING : TM-2-1/2 F�'MpPS' 6. 5EWAGEDISPOSAL:EXI5TING SEPTIC 5Y5TEM U Zone EXISTING ACCESS EASEMENT F►E 3�' 7. WATER :EXISTING WELL PER 34 / MAPS / 44 g�C' 8. LAND USE :EXISTING-SINGLE FAMIL Y RESIDENTIAL PROPOSED-51NGLE FAMIL Y RESIDENTIAL Lu R-1 Zone LEGEND Lu U PLAT TO ACCOMPANY Q U REZONE APPLICATION AREA TO BE REZONED 8- A "� BEING A PORTION OF THE NW 1/4 OF C. THE SE 1/4 AND THE NE 1/4 OF THE ZONE BOUNDARY SW 1/4 OF SECTION 6, TOWNSHIP 23 NORTH RANGE 3 EAST M.D.B. + M. BU= COUNTY CALIFORNIA for Planni GEORGE AND SHIRLEY BYLARD g ®IVISIOn SEP - 3 1996 NorthStarCIVIL ENGINEERS * PLANNERS * SURVEYORS ()rOvllli 1, Caiifomi 20 DECLARATION DRIVE * CHICO, CALIFORNIA 95926 ENGINEERING (916) 893-1600 AUGUST, 1996 5.769