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RZ 96-04_PLANNING
13 wV�IYIIVIN YIIONII�� nNIu��II�Itl�I�N��I�� SEPARATOR SHEET a,„ 666 — a '76- 027 PROJECT NUMBER az 9 (0 - ey "'^ PROJECT SUMMARY SH FILE NO, REz 96-04 PROJECT TYPE: Rezone APPLICANT: HART, Garland ADDRESS: P.O.Box 3320, Chico, CA 95927 OWNER: Same ADDRESS: Same REPRESENTATIVE: L & L Surveying ADDRESS: P.O.Box 671, Par&Use, CA 95967 PROJECT DESCRIPTION: Rezone: to rezone proposed one from TM-40 to TM-20 PROPERTY ZONED: TM-40 LOCATED: on the east side of Humbolt Rd. directly north of Butte County Fire Station #10 in the Butte Meadows area. AP NO.: 060-070-027 TOWN/AREA: Butte Meadows GENERAL PLAN DESIGNATION: Timber Mountain 1. Application Complete: Nov. h, 1995 Amount: $5903.00 Receipt No.: 15108 Z Comments sent to: E_.H./ Sheriff/LAFCo/CDF/PG&E/St. Forestry/ USForestry/ DSD/ LD/ Planning Manager/ Dent. Fish 3. Comments received from: 4: Rezone Petition Signatures Checked: S. Mailing Ust/lead-In Sheet: 6. Assigned To: 7. Environmental Determination: Categorical Exemption-CEOA# State Clearinghouse No.: Negative Declaration Mitigated Negative Declaration Subject to Fish 8 Game: Environmental Impact Report c4 Gen.Rule Ex.-CEOA 1115061.(bX3) Other S. Staff Report: Project Video: 9. Clearinghouse circulation required:Yes No Date Sent to SCH: 10: Publication Notice Written: Display Ad Prepared: 11. Notices Mailed: Number of Notices: 12 Newspaper Publication Date: 0 C P G B R 13. Planning Commission Hearing(s): Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors'Hearing(s): Action taken: Board Resolution No.: Ordinance No.: Adopted: _ 15. Type Use Permit/Send for Signature: 16. N.O.EJN.O.DJAPPENDIX G: Fish&Game Fees Paid: Yes No 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use PermiWariance to Planning Technician: Public hearing - Garland Hart.- consideration of a General Plan Amendment from � Timber Mountain to Agricultural-Residential and rezone(item on which a negative declaration regarding environmental impacts is recommended) from TM40 (Timber Mountain - 40 acre parcels) to TM-20 (Timber Mountain = 20 acre parcels) on a 20.62 acre portion of a 66.69 acre parcel, property located on the east side of Humboldt Road, identified as AP 060-070-027, directly north of the Butte Meadows Volunteer Fire Station No. 11, Butte Meadows. (2343) MOTION: I MOVE TO MAKE THE FOLLOWING FINDINGS: SUBJECT TO ENVIRONMENTAL FINDINGS A-C AND GENERAL PLAN AND ZONING FINDINGS A-B, ADOPT A NEGATIVE DECLARATION FOR THE GENERAL PLAN AMENDMENT AND REZONING OF A 20-ACRE SECTION ON APN 011-340- 014 (ANNE RUSSELL AND DON HINTON); SUBJECT TO ENVIRONMENTAL FINDINGS A-C AND GENERAL PLAN AND ZONING FINDINGS A-B, ADOPT A NEGATIVE DECLARATION WITH MITIGATION MEASURES FOR THE GENERAL PLAN AMENDMENT AND REZONING OF A 20.62 ACRE PORTION OF AP 060-070-027 (GARLAND HART); AND SUBJECT TO ENVIRONMENTAL FINDINGS A-C AND GENERAL PLAN CONSISTENCY FINDING A, ADOPT A NEGATIVE DECLARATION FOR THE GENERAL PLAN AMENDMENT AND REZONING OF A 37.6 ACRE PORTION OF N 064-010-031 AN PICKARD. M S VOTE: I Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried) MOTION:- ADOPT RESOLUTION 96.74 APPROVING THE ADOPTION OF A GENERAL PLAN AMENDMENT FROM OPEN AND GRAZING LAND TO AGRICULTURAL RESIDENTIAL FOR ANNE RUSSELL AND DON HINTON (SUBJECT TO ENVIRONMENTAL FINDINGS A-C AND GENERAL PLAN AND ZONING FINDINGS A-B)AND DAN PICKARD (SUBJECT TO ENVIRONMENTAL FINDINGS A-C AND GENERAL PLAN CONSISTENCY FINDING A), AND TIMBER MOUNTAIN TO AGRICULTURAL RESIDENTIAL FOR GARLAND HART (SUBJECT TO ENVIRONMENTAL FINDINGS A-C AND GENERAL PLAN AND ZONING FINDINGS A-B), AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: I Y 2 Y 3 Y 4 NP S Y(Unanimously Carried) BUTTE COUNTY BOARDOFSUPERVISORS MINUTES —' June 25, 1996 I 96-187 MOTION: I MOVE TO ADOPT ORDINANCE 3277 REZONING A 20 ACRE PORTION OF APN 011-340-014 TO FR-20 (ANNE RUSSELL t AND DON HINTON)AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2Y 3Y 4 NP 5 Y(Unanimously Carried) (SUPERVISOR THOMAS NOT PRESENT/SUPERVISOR THOMAS PRESENT) MOTION: I MOVE TO ADOPT ORDINANCE 3278 REZONING A 20 ACRE PORTION OF APN 060-070-027 TO TM-20 (GARLAND HART) AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried) MOTION: I MOVE TO ADOPT ORDINANCE 3279 AMENDING THE ZONING CLASSIFICATION TO TM-10 A 37.6 ACRE PORTION OF APN 064-010-031 (DAN PICKARD) AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried) MOTION: I MOVE TO ADOPT RESOLUTION 96-75 APPROVING A CONDITIONAL ZONING AGREEMENT FOR ANNE RUSSELL AND DON HINTON SUBJECT TO THE FOLLOWING CONDITION: ACCESS TO BE SPECIFIED AS STATED BY EASEMENT TO THE PROPOSED PARCEL. M S VOTE: l Y 2Y 3Y 4 NP 5 Y(Unanimously Carried) ,Q. t BUTTE COUNTY BOARD .OF,SUPERVISORS ,MINUTES — June 25, 1996 { I �... L: 060 240 010 000 STATUS: ACTIVE STEIDLMAYER LEO ETAL -MEDLOCK BRUCE MR & MRS (LESSEE) I 41929 .ROAD 27 —----_— -- ---� WOODLAND CA 95695 E_:.. L: 060 070 027 000 STATUS: ACTIVE t L: 060 240 011 000 STATUS:' ACTIVE HART GARLAND STEIDLMAYER LEO ETAL P 0-BOX 3320 CARROLL JIM MR & MRS (LESSEE) CHICO CA 95927 � �:: 7 A ST I ORLAND CA 95963 L: 060 070 026 000 STATUS: ACTIVE DIAMOND LANDS CORPORATION I �: L: 060 240 012 000 STATUS: ACTIVE C/0 SIERRA PACIFIC INDUSTRIES STEIDLMAYER LEO ETAL P 0 BOX 496014 SHELEY RICHARD G (LESSEE) REDDING CA 96049-6014 i 13 VICTORIA CHICO CA 95926 r L: 060 110 083 000 STATUS: ACTIVE L: 060 240 039 000 STATUS: ACTIVE DENN WALLACE L & SANDY A ETAL STEIDLMAYER LEO ETAL P 0 BOX 470 GABSKI STACEY L (LESSEE) WILLOWS CA 95988 1035 BRUCE LN CHICO -CA .95928 L: 060 110 106 000 STATUS: ACTIVE { BIGGERS GLEN E & SUSAN M FAMILY TRUST L: 060 240 038 000 STATUS: ACTIVE BIGGERS GLEN E & SUSAN M TRUSTEES STEIDLMAYER LEO ETAL 1 PIEDMONT CT FISKE WILLARD A MR & .MRS (LESSEE) 2135 NORD AVE SP 5 CHICO. CA 95926 t; CHICO CA 95926' L: 060 110 107 000 . STATUS: -ACTIVE — ———— — — — — — --- --- VARDELL CLIFFORD &. JANELLE �•:. L: 060 240 037 000 STATUS: ACTIVE STEIDLMAYER LEO ETAL 607 DARROUGH DR w KESTER.-JAMES .A & AMY L ETAL (LESSEES) („. 12038 LEMMING ST YUBA CITY CA 95991 { LAKEWOOD CA 90715 L: 060 060 008.000- STATUS: ACTIVE _ SCHILL DONNA R �: { L: 060 240 036 000 STATUS: ACTIVE STEIDLMAYER LEO ETAL P 0 BOX 737 KOCH ROGER M MR & MRS (LESSEE) CHICO CA 95927 �•.. 7808 HUMBOLDT RD BUTTE MEADOWS CA 95942 L: 060 240 040 000 STATUS: ACTIVE L: 060 240 014 000 STATUS: ACTIVE STEIDLMAYER LEO ETAL ( s STEIDLMAYER LEO ETAL P 0 BOX 268 TAYLOR M P MR & MRS (LESSEE) COLUSA CA 95932 �.. 19190 SIMPSON RD `— CORNING CA 96021 PQOT�tT Y REZONE REZ96-04 HART, Garland 060-07o-n27 FT REZ 96-04 • 3.0 Day Review Period Eads 5 M Rev:ew Period Ends OUTGOIM AC TTY Daze Age=cy/ eps.oa I I I ' I . I I � 6 , T 060-070-027 F 1 LZ i REZ.96-M 30 Day Regie*,; Period Ends Review Period Ezds CORRESPONDS A1CZ/ COMDS`JTS RE=Tl ED Dace Agency/11?ersmon I I I I _ APPLICATION FOR REZONING BUTTE COUNTY PLANNING COMMISSION APPLICANT: Read and follow instructions set forth on last page of this form. Applicant's Name Garland HartrH)o L & L Surveying_Ph one No. 916-877-4300 Applicant's Mailing Address P.O. Box 671 , Paradise, CA 95967 Applicant's Interest in property(Owner, Lessee,Other) Owner Owner's Name and Address Garland Hart , P.O. Box 3320 , Chico, CA 95927 Contact Person for Project(if other than applicant) Hollis Lundy - L & L Surveying Assessor's Parcel Number(s) 60-07-027 Present Zoning TM-40 Requested Zoning TM- 20a on Southerly 20 Ac Z Location,dimensions and size of area(s)to be rezoned Property is located Off of a Humboldt Road in Butte Meadows . Approximately 1500 ' x 1900 ' +/- a w 66 . 7 Acres H Z Street Address(if applicable) N/A @ U a Directions for travel to property(rural and mountainous areas only) Easterly through a a+ Butte Meadows 1 /2 mile to where road turns North . Applicant's reasons for rezoning TO do Parcel Map. Proposed scheduling/Associated projects(formation of service district, etc.) General Plan Amendment and Parcel Map Anticipated incremental development(future development plans subsequent to rezone): Do Parcel Map and might build a homesite. Planning Df ngrfn e.r+t Existing/proposed sewage disposal method: Septic NOV 61995 Proximity of power and phone lines: Humboldt Road Oroville,wlifornia Distance to natural watercourse or storm drain: Southwesterly corner of property is Malloy Creek . 1 Describe anticipated on and off-site drainage improvements(PUD,MHP): N/A Describe how on-site and downstream drainage channels will be affected(PUD,MHP): N/A Water source: Well Proximity of water for firefighting purposes(hydrants,ponds,etc.) Fire Station is On Westerly property line. Will excavation or grading be necessary? N/A Cubic yards(estimate)? List and describe and other related.permits and other public approvals required for this project, including those required by city,regional,State and Federal agencies: General Plan Amendment and Parcel Map Application z a a If residential, include the number of units, whether units are single or multi-story in height, schedule of E* unit sizes, and type of household size expected. Z U1 existing small summer cabin. asa If commercial, indicate the type, whether neighborhood, city or regionally oriented square footagea of 914 sales area, and loading facilities N/A If industrial,indicate type,estimated employment per shift,and loading facilities. N/A If institutional indicate the major function, estimated employment per shift, estimated occupancy, loading facilities,and community benefits to be derived from the project. N/A ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES Identify potentially significant environmental impacts associated with the rezone. What project design features or special conditions of approval (mitigation measures) are proposed to alleviate potential environmental impacts? N/AS 2 ENVIRONMENTAL SETTING Describe the project site as it exists before the project, including information on topgraphy, soil stability, plants-and animals, and any cultural, historical and scenic aspects. Describe any existing structures on the site, and the use of the structures. Grassy Meadow land with stream on Southerly end of property. Mines on Southeasterly end of property. Chapparel. Typical mountain animals . Southwest corner is good homesite . Z i..l Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use(residential, commercial, etc.), intensity of land use (one-family apartment houses, shops, department stores, etc.), and scale of development (height, frontage, setback,rear yard,etc.). Z USame as above with Fire Station Westerly of property. aNortherly is Steidlmayer Subdivision. Southerly timber. Easterly .timber. I hereby declare under penalty of perjury that I have read and understand the instructions and that the foregoing statements are true,complete and correct to the best of my knowledge and belief. Dated: Applicant's Signature ct Dated: rooperty Owner's signature Project File Number 14 14 General Plan Designation Request Consistent? Z ® Request: Rezone to Location and size of parcel(s) fa7 U a 3 Verify: A.P. Number(s) Location Description Z Ownership Legal Description of Area O W Proof of Agency(if needed) Maps of Area/Development Plan for PUD's W Present Zoning U Reproducible Master Map of W Development Plan(PUD's only) W O Date of Application received $ Receipt No. Application Taken By 4 jAf 4C A ME R JC Ss, q 110 Ig R Pre,li* minary Report Mid Valley Title and Escrow Co. _ i vlle — Paradise Chico — Oro . Affiliated With First American Title Insurance Company • EXHIBIT A LIST OFIONTED EXCEPTIONS AND EXCLUSIONS (B&Iicy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1990 SCHEDULE B a EXCEPTIONS FROM COVERAGE i this policy does not insure against loss or damage(and the Company will not pay costs.attorneys'fees or expenses)which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.Proceedings by a public agency which may result in taxes or assessments,or notice of such proceedings•whether or not shown by the records of such agency or by the public records. 2. Any facts.rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements.liens or encumbrances.or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims:(b)reservations or exceptions in patents or in Acts authorizing the issuance thereat;(c)water rights,claims or title to water,whether or not the matters excepted under(a).(b),or(c) are shown by the public records. EXCWSIONS FROM COVERAGE the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs•attorneys'tees or expenses which arise by reason at: I. (a) Any law,ordinance at governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(f)the occupancy,use.or enjoyment of the land;(4)the character,dimensions or location of any improvement now or hereafter erected on the land:(iii)a separation in ownership ora change in the dimensions or area of the land or any parcel of which the land is or was a part:or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect.lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not-excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public recants at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances•adverse claims,or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public retards at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained it the insured claimant had paid value for the insured mortgage or for the estate or interest insured by[his policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or laflure of the insured at Date of Policy or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable 'doing business'laws of the state in which the land is situated. 5. Imalidi fy or unenforceability of the lien of the insured mortgage•or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim•which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. 2.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970(AMENDED 4-6-90) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land•or regulating the character, dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of any violation of arty such law,ordinance at governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Detects,liens,encumbrances,adverse claims,or other matters(a)created.suffered,assumed or agreed to by the insured claimant;(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy;or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value(or the estate or interest insured by(his policy. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws. 3.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (AMENDED 4-6-90) WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy[he exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts.rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. -- �--••---�- A. ch are net shown by the public records. WPM ... - ..-------------- Nsy.. . ORDER NO. BU-129111 RB MID VALLEY TITLE AND ESCROW COMPANY PRELIMINARY REPORT Ihrs Darcy docs 1101 msun;•ulauc,l In:c, ;:.,u r txrug aullmnty nrlkmg uuluuy ul pcisuu m pu:,t,c.,., , ... Ihal ievu:;huc;;nr d�:d: ,nn;ng,uu u:.0 I;•iq Nit one: the records nl any not shoth¢public records but which could be ascerWmed by an inspection 01 soul land or y noon h.nnhlic records. a— t Taxes or assessments which are not sw ch are%fisting public records. Any lacts,rights.inletests.ar claims which �, h".�,,,chovm by the p ORDER NO. BU-129111 RB MID VALLEY TITLE AND ESCROW COMPANY PRELIMINARY REPORT POST OFFICE BOX 3039 601 MAIN STREET CHICO, CALIFORNIA 95928 TELEPHONE (916) 893-5644 ALL• POLICIES OF TITLE INSURANCE ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY (2) - YOUR NO. ESCROW OFFICER: ROGER BUTTON RE: HART-DIAMOND LANDS CORP. IN RESPONSE TO AN APPLICATION FOR A POLICY OF TITLE INSURANCE, THE ISSUING AGENT, BRANCH OR SUBSIDIARY OF FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION, DESIGNATED HEREIN AS "ISSUING OFFICE" HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION ' HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD -BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. 1. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 OR 1987 (AMENDED 4-6-90) 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 3 . AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 OR 1987 (AMENDED 4-6-90) 4. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY . OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF JULY 20, 1992, AT 7:30 A.M. pccr� 1� ROGER BUTTON, CHIEF TITLE OFFICER PAGE 1 F ., ORDER NO. BU-129111 RB TITLE OF SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: GARLAND HART, AN UNMARRIED MAN, AS TO PARCEL I; DIAMOND LANDS CORPORATION, AS TO PARCEL II THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: THE FOLLOWING ITEMS NUMBERED 1 THRU 5 AFFECT PARCEL I: 1. GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 1992-93, 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. RIGHTS OF THE PUBLIC OVER ANY PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN THE BOUNDS OF ANY PUBLIC ROAD OR HIGHWAY. 4 . A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $127 ,200. 00, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY DATED: OCTOBER 18, 1989 TRUSTOR: GARLAND HART, AN UNMARRIED MAN TRUSTEE: MID VALLEY TITLE AND ESCROW COMPANY, A CORPORATION BENEFICIARY: GLEN E. BIGGERS AND SUSAN BIGGERS, HUSBAND AND WIFE RECORDED: OCTOBER 24 , 1989 , UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 89-41577. CONTINUED PAGE 2 ORDER NO. BU-129111 RB ITEM NO. 4 - CONTINUED BENEFICIAL INTEREST THEREUNDER WAS ASSIGNED FROM: GLEN E. BIGGERS AND SUSAN BIGGERS TO: GLEN E. BIGGERS AND SUSAN M. BIGGERS, TRUSTEES OF THE BIGGERS FAMILY TRUST DATED DECEMBER 12, 1989 BY ASSIGNMENT RECORDED: JUNE 7, 1990, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 90-23840. 5. THE HEREIN DESCRIBED PROPERTY LIES WITHIN THE BOUNDS OF THAT CERTAIN RECORD OF SURVEY RECORDED: MARCH 30, 1990, IN BOOK 120, OF MAPS, AT PAGE(S) 6, BUTTE COUNTY RECORDS. TAX NOTE: GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 1991- 92, 1ST INSTALLMENT: $845.84, PAID. 2ND INSTALLMENT: $845.84, PAID. EXEMPTION: $_o_ ASSESSED: SEPARATELY AP# 060-070-002-000 CODE AREA '093-006 THE FOLLOWING ITEMS NUMBERED 6 THRU 13 AFFECT PARCEL II: 6. GENERAL AND SPECIAL BUTI*E COUNTY TAXES FOR THE FISCAL YEAR 1992-93 , A LIEN, BUT NOT YET DUE OR PAYABLE. 7. 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. 8. 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 RECORDED: MARCH 1, 1961, IN BOOK 1102 , PAGE 163, OFFICIAL RECORDS. AGREEMENT AMENDING SAID EASEMENT RECORDED MARCH 20, 1962, IN BOOK 1170, PAGE 118, OFFICIAL RECORDS. CONTINUED PAGE 3 ORDER NO. BU-129111 RB 9. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $125, 000, 000. 00, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY DATED: MAY 29, 1985 TRUSTOR: DIAMOND LANDS CORPORATION, A DELAWARE CORPORATION TRUSTEE: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA BENEFICIARY: THE TRAVELERS INSURANCE COMPANY , A CONNECTICUT CORPORATION RECORDED: MAY 29, 1985, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 85-15698. AFFECTS: THIS AND OTHER PROPERTY. MODIFICATION AGREEMENT THEREUNDER BORROWER: DIAMOND LANDS CORPORATION LENDER: THE TRAVELERS INSURANCE COMPANY RECORDED: APRIL 1, 1988, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 88-10288 . MODIFICATION AGREEMENT THEREUNDER BORROWER: DIAMOND LANDS CORPORATION, A DELAWARE CORPORATION LENDER: THE TRAVELERS INSURANCE COMPANY , A CONNECTICUT CORPORATION RECORDED: JUNE 6, 19.89, 'UNDER BUTTE COUNTY RECORDER'S SERIAL NO.. 89-20559. SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE DEED OF TRUST RECORDED MARCH 25, 1988, UNDtR BUTTE COUNTY RECORDER'S SERIAL NO. 88-9485 (SHOWN IN ITEM NO*- 10) , BY SUBORDINATION AGREEMENT RECORDED JUNE 6, 1989, UNDERBUTTE COUNTY RECORDER'S SERIAL NO. 89-20560. MODIFICATION AGREEMENT THEREUNDER BORROWER: DIAMOND LANDS CORPORATION LENDER: THE TRAVELERS INSURANCE COMPANY RECORDED: NOVEMBER 20 , 1989 , UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 89-46308 . CONTINUED PAGE 4 ORDER NO. BU-129111 RB 10. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $100, 000, 000. 00, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY DATED: MARCH 22, 1988 TRUSTOR: DILLARD LUMBER CO. , AN OREGON CORPORATION, ROSEBURG RESOURCES CO . , AN OREGON CORPORATION, ROSEBURG FOREST PRODUCTS CO. , AN OREGON CORPORATION AND DIAMOND LANDS CORPORATION, A DELAWARE CORPORATION TRUSTEE: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY: THE TRAVELERS INSURANCE COMPANY., A CONNECTICUT CORPORATION RECORDED: MARCH 25, 1988, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 88-9485. AFFECTS: THIS AND OTHER PROPERTY. MODIFICATION AGREEMENT THEREUNDER BORROWER: DIAMOND LANDS CORPORATION LENDER: THE TRAVELERS INSURANCE COMPANY RECORDED: APRIL 1, 1988, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 88-10288 . MODIFICATION AGREEMENT THEREUNDER, ." BORROWER: ROSEBURG RESOURCES CO. LENDER: THE TRAVELERS INSURANCE COMPANY RECORDED: JULY 7 , 1988 , UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 88-21946. MODIFICATION AGREEMENT THEREUNDER BORROWER: DIAMOND.LANDS CORPORATION LENDER: THE TRAVELERS INSURANCE COMPANY RECORDED: NOVEMBER 20 , 1989 , UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 89-46308. 11. ANY RIGHT, TITLE OR INTEREST OF DILLARD LUMBER COMPANY, AN OREGON CORPORATION, ROSEBURG RESOURCES CO. , AN OREGON CORPORATION AND ROSEBURG FOREST PRODUCTS CO. , AN OREGON CORPORATION, . AS DISCLOSED BY THEIR JOINDER IN THE EXECUTION OF THE DEED OF TRUST, SHOWN IN ITEM NO. 10, ABOVE. 12. A FINANCING STATEMENT DEBTOR: DIAMOND" LANDS CORPORATION, A DELAWARE CORPORATION SECURED PARTY: THE TRAVELERS INSURANCE COMPANY RECORDED: JUNE 6, 1989, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 89-20561. U. C.C. NO. : 328. CONTINUED PAGE 5 ORDER NO. BU-129111 RB 13 . THE HEREIN DESCRIBED PROPERTY LIES WITHIN THE BOUNDS OF THAT CERTAIN RECORD OF SURVEY RECORDED: MARCH 30, 19901 IN BOOK 120, OF MAPS, AT PAGE(S) 6, BUTTE COUNTY RECORDS. TAX NOTE: GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 1991- 92, 1ST INSTALLMENT: $165. 68, PAID. 2ND INSTALLMENT: $165.68, PAID. EXEMPTION: $-0- ASSESSED: SEPARATELY AP# 060-070-020-000 CODE AREA 093-006 PURCHASER: NONE LW:LJH AUGUST 7, 1992 PAGE 6 ORDER NO. BU-129111 RB DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, DESCRIBED AS FOLLOWS: PARCEL I: THAT PORTION OF SECTION 28, TOWNSHIP 26 NORTH, RANGE 4 EAST, M.D.B. & M. , MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 22 CHAINS EAST OF THE NORTHWEST CORNER OF SAID SECTION 28, AND CONTINUING EAST TO THE COUNTY ROAD AT 26 CHAINS AND ALONG AN OLD FENCE LINE BETWEEN SECTIONS 28 AND 21, SAID TOWNSHIP AND RANGE, TO 51 CHAINS FROM AFORESAID CORNER; THENCE 'SOUTH 20 CHAINS TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28 ; THENCE WEST 11 CHAINS TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28 ; THENCE SOUTH 10 CHAINS ALONG THE EAST LINE OF NORTHWEST QUARTER OF SAID SECTION 28; THENCE WEST 3 CHAINS; THENCE NORTH 50 DEG. WEST 19 CHAINS TO A POINT IN THE CENTER OF THE COUNTY ROAD ABOUT 1 CHAIN SOUTH OF THE INTERSECTION OF MALLOY CREEK AND SAID COUNTY ROAD; THENCE NORTH 18 CHAINS TO THE POINT OF BEGINNING. PARCEL II: SECTION 28, TOWNSHIP 26 NORTH, RANGE 4 EAST, M.D.B. & M. EXCEPTING THEREFROM THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER. ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL: BEGINNING AT A POINT 1452 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 28 AND CONTINUING EAST TO THE COUNTY ROAD 1716 FEET AND ALONG AN OLD FENCE LINE BETWEEN SECTIONS . 28 AND 21, SAID TOWNSHIP AND RANGE, 3366 FEET FROM AFORESAID CORNER; THENCE SOUTH 1320 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE WEST 726 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28 ; THENCE SOUTH 660 FEET ALONG THE EAST LINE OF NORTHWEST QUARTER OF SAID SECTION 28; THENCE WEST 198 FEET; THENCE NORTH 50 DEG. WEST, 1254 FEET ' TO A POINT IN THE CENTER OF THE COUNTY ROAD ABOUT 66 FEET SOUTH OF THE INTERSECTION OF MALLOY CREEK AND SAID COUNTY ROAD; THENCE NORTH 1188 FEET TO THE POINT OF BEGINNING. SAID LINE ENCLOSING PORTIONS OF THE NORTHWEST QUARTER OF NORTHEAST QUARTER, NORTHEAST QUARTER OF NORTHWEST QUARTER, SOUTHEAST QUARTER OF NORTHWEST QUARTER OF SECTION 28. PAGE 7 SECTION 12413.1 OF THE CALIFORNIA INSURANCE CODE, EFFECTIVE JANUARY 1, 1990, REQUIRES THAT ANY TITLE IN- SURANCE COMPANY, UNDERWRITTEN TITLE COMPANY, OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN ESCROW OR SUB-ESCROW CAPACITY, WAIT A SPECIFIED NUMBER OF DAYS AFTER DEPOSITING FUNDS, BEFORE RE- CORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS. . THIS STATUTE ALLOWS FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT. IN THE CASE OF CASH- IER'S CHECKS OR CERTIFIED CHECKS, FUNDS MAY BE DISBURSED THE NEXT DAY AFTER DEPOSIT. IN ORDER TO AVOID UNNECESSARY DELAYS OF THREE TO SEVEN-DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CASHIER'S CHECKS, OR CERTIFIED CHECKS WHENEVER POSSIBLE. IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW, PLEASE CONTACT YOUR LOCAL FIRST AMERICAN OFFICE FOR MORE DETAILS. AMEBIC Form No. 1008-F NOTICE In accordance with Sections. 18805 and 26131 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: L A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the .California statutes referenced above, no.buyer will be required to withhold any amount or be subject to penalty for failure to withhold if. 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury,certifying that the seller is a resident of California, or if a corporation, has'a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise 'lax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion concerning;the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. Fomi No.41M (302) ,F. m o: ti N O 1 a 1 q 1 � t ' •d> ua sjk;l uodr,I a�un±jd� I � �;r.��a I 1";u 1 yt,Nm o F(1 0 *`1 eamp 10 S� 3 .ilbgliet J: 1 O'D luedwo'` �ti.i i)i;!1.AUjlk?/� :'tNt: •JBC1 !OOT-O ,Li; k";;146701 ie-J'9000 V41 ?i) 1rfji� 'dj;Jil`:) ...•i�> Q :. W J3lj i7�3SG(iaat a'_i1'. 1011! ua lj1 4p.1 JOU [i�!{U!1=: :i s J� 'l:i)ii:i)�� n :z Iuet 341 P AOAMS :ay jou J u'W JO ri>Cw dew siLLI. 1 N Lu 0 Ile,� 10 i Q ( 1 an 1 1 / 1 ,l ,1 , co • � 1 � � Q � , G 1 cl 1 1 a• 1 , 1 o \, 1 V\ , A o N 1 q � q I Any law,oulinance or govenunenfal mpulahnn(mrlurbwl hal nut lund(.d In hudduul and io nog onbnanrrs)rrslnctuul or rrqulahng or prohibiting the occupancy,use or enjoyment of the land.or feefulatin g dm crimaiciv. dimensions or location of any improvemrnf now or hereafter rrecled nn Ihr.land.or prnhrhdmg.i separation in ownership or a reduction in the dimensions or area of the land,or the effect of arty violation of any such law ordinance of governmental regulation. 7.. Rights of eminent domain or governmental riglds of pollee powr:r unless null(.(:of the morr.ise of such rights appears in the public records a1 Dale.of Policy. 3. Defects,lions.encumbrances,adverse,claims,or other makers(a)(.,shed.sullered,assilowd of agreed to by the insured claimant.(b)not known In the Company and not shown by the public records but known to the insured claimant either at Dale of Policy or at the dale such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant:(d)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments lot street improvements under construction or completed at Dale of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Dale of Policy or of any subsequent owner of the indebtedness to comply with applicable'doing business'laws of the state in which the land is situated. 5. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,slate insolvency,or similar creditors'rights laws. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 (AMENDED 4-6-90) WITH REGIONAL EXCEPTIONS When the American Land Title Association lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions set forth in paragraph 4 above are used and The following exceptions to coverage appear in the policy. SCHEDULE 6 This policy does not insure against loss or damage by reason of the matters shown in parts one and hvo following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary fines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims:reservations or exceptions in patents or in Acls authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,lot services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 6.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1990 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matlers.are expressly excluded from the coverage of this policy and the Company will not pay toss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation'(including but not limited to building and zoning jaws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(f)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land:(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a detect,lien or encumbrance resulting from a violation or alleged violation allecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Dale of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. . Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in[he public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy ; (c) resulting in no joss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value toy the insured mortgage. 4. Unenforceability of[he lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable 'doing business•laws of[he state in which[he land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or hulh in lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by[his policy,by reason of the operation of federal bankruptcy,slate insolvency,or similar creditors rights laws. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1990 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the(allowing exceptions to coverage appear in the policy. SCHEDULE 8 40 This policy does not insure against loss or damage(and the Company will not pay costs.attorneys'tees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real properly or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other laces which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights•claims or title to water. 6. Any lien,at right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded Irom the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'tees or expenses which arise by reason ol: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinates,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(if)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a detect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Dale of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained it the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws. 9. AMERICAN LAND TITLE ASSOCIATION OWNER POLICY-1990 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason ol: Part One: i. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real properly or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easemertts,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof:water rights,claims or title to water. 6. Arty lien,or right to a lien,for services,labor or material therelolore or hereafter furnished,imposed by law and not shown by the public records. 10.AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987 EXCLUSIONS in addition to the Exceptions in Schedule B.you are not insured against foss,costs,attorneys'fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law at government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • land use land division • improvements on the land environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you it you bought the land without knowing of the laking. 3. Title Risks: ' • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A.or • in streets,alleys,or waterway's'rtfat low leyour land Il,•;•:r"i'In•tum dnry not limil HIP.;ICIT1;S Covccille.in Ilan 5 0l covewd title I11%4•: L L& L SURVEYING 1007 Bille Rd. - P. 0. Box 671 - Paradise, CA 95967-0671 Telephone: (916) 877-4300 - FAX: (916) 877-2251 COUNTY OF BUTTE 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965 GENTLEMEN: I , Garland Hart OWNER OF RECORD OF THAT i CERTAIN REAL PROPERTY KNOWN AS AP # 60-07_0?7 , GENERALLY LOCATED AT Butte Meadows DO HEREBY AUTHORIZE L & L SURVEYING, 1007 BILLE ROAD, PARADISE, CALIFORNIA, TO ACT AS MY AGENT BEFORE THE COUNTY OF BUTTE PLANNING COMMISSION AND OTHER BUTTE COUNTY AGENCIES IN ALL MATTERS PERTAINING TO AND AFFECTING THE LAND USE, ZONING, AND PROPERTY DEVELOPMENT OF SAID DESCRIBED PARCEL. DATED: ¢ ZT / 9 9 .S^ Planning Department N O V n 6 1995 WILUAK Z. McOWN. FTC. TO rJM DIAMOND MATCH COMPANY. 7MS INDEN1MZ7, n"di this 14th day of Jure, In the year of our Lord one thousand nlwt, hundred and thirty-seven between WILLIAM J. MoGAPITO an unmariled nter , tbe party of the P.1 rot -,-art and T:Z DIAMOND MATCH COMPANY, ft corporatlon, the party of the second par+, WTT1qv_SSETH: That the seld party of the first part, for and In consideration of th* ova or TEN AND N01100 DOLLARS, law"ul moray of the Unit-d Staten of fi--4ca, p4jj. Paid party of the second part, thereceiptwhereof Is hereby acknowledge- , doer by those ,presente, sent, bargain, sell, convey and confirm unto the eel', party of the second pert, and 'f.) Its successors and assigns, forever, all those certain lots, pieces or parcels of lend iltustow, lying end be-Ing in the Counties of Butte and Tehama, State of Calqeornts, and bounded i4nd particularly described as follows,to-wit: PARCEL 1: The r-orthwest quarter ("t) of Section Thirty-two (72) Township 74muty-six (P6) North, Range Pour (4) Zest, X.D.B.& X. PAP.C n- 2: An undividid one-third interest In and to the follovinF, described real rropertv: The East Ralf of went Falf of Northwest rcuarter (tj of of WWJ) of Section T-Wenty-eight (4,8) ; The Northeast Quarter of Northwest quarter (NE} of NV4) of Section T-erty-eight (28) The Sout5eest Ziimrter of Northwest Gtmarttr (SE} of ?Mt) of Section T"erty-eight (28); The Northwest Quarter of Northeast Quarter (NW} of NE}) of Section Twenty-eight (28); The Sv!thesst Quarter of Southeast Quarter (SB} of SE}) of Section Tw-rty (20); -ontsininr 20-0 acres, more or 1gsn, end all being In Township Twenty-six (Z6) North, Panne Your (4) EXCLFTING, HOINEVYR, from the foregoing that certain parce'l of lnnd particularly deserlbed as follows, to-wit: B?GTNNT1NG at a point 22 cheine East of the NW corner of Section 28 Tv-,. E6 N.R.4 It. V.D.B.& V., and oont1hulng East to the County Road at 96 chains and slorg an old fence lite 33(./,-0 1,7 .;...tween Sections 28 and El Twp. 28 N. R. 4 X., V.D.B..-& X., to 51 oheins fry the oforesald earner; thence Srith 2n oheins to thA South line of the NVI of NEI of said Section ES; them-9 West 12 chairs to the SW ocrner of the "It of NEI of anid Section F.9, thence South 10 cbsins along tae TAnt 11nog of the NW} of said Section E8 Twp. 12.6 N. R. 4 1., V.D.B.& X. ; thence Wfat .5 chains, thence N. 500 W 19 chains to a point In the oe-iter of the county road 6boct 1 chain Rout,% of the In..;ersootlon of Malloy Crook and said county road, t%,rce North IS chains to the point of beginning. Said line enclosing portions of NW} of NE}, N`Mj of NWJ, 8FIt of NWI of Section to TV-,,. 26 X. R. 4 1P., v.D.r.,ii_ ic, and containing 83 acres, mare or lerg, and FF.SIMTING unto the grantor, his helke erd assIgmte, Brazing pririlag*s over sU or the real pr,)perty herein sold by the reld party of the flr.qt part to the portf of the ageond Pert, for a period of 20 years from de'e- IT IS "DTT.ISTOOD botwf.,en the parties hereto that the seeord party has already sequirod Vy purchase under date of Jai;ua:y 12, 1922, all. timber privileges upon the land herein sold, slid this deed is wYecuted sol4j:- to convey to VA second party the legal tit-10 which first party hep tin erd to the rroperty hereinebove described and herein sold, said purchase of said Umber privilegvp being by written Irstrument. doted @aid lEth day of January, lrPE, and recorded March 6, 19P2, In gook of %Tenantg, prAe Z16, pecords of the County of Butts, State of C& ifornis. purtenAnCel thoreunto ,w;F=FP with Pll And s!ruler the tnnes� mnts, berAditaivents and fkl;, P1o:Ir.tnr., or In end the rprf.,raioc r 6 rnverLlonp, rommlndpr Anil r". *Ir4iorit Imr,loq And 89 - 4 ! 576 -� ei:No. Esc0ow No. 108756 MC 7 Loan No. 89-041576 i R e c Fee 7. 00 WHEN RECORDED MAIL TO:WHEN 174. 90 Recorded t Total 181. 90 GARLAND HART Official Records P.O.BOX 3320 County of Chico, CA. 95927 Butte ; MIDVALLEY TITLE CO. Candace J . Grubbs - : Recorder 8:00am 24-Oct-89 S 9J 2 MAIL TAX STATEMENTS TO: 17490 DOCUMENTARY TRANSFER TAX $...............:............................... .�4 Computed on the consideration or value of property conveyed; OR same as above ......Computed on the consideration or value less liens or encumbrances remaining at time of sale. The undersignedhereby declares _ -- Signature of Declarant or Agent determining tax - Flrm Name APN# 060-07-0-002-0 GRANT DEE D '4 V P� FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GLEN E. BIGGERS AND SUSAN BIGGFRS, husband and wife, hereby GRANT(S) to GARLAND HART, an unmarried man the real property in the City of Unincorporated area in the County of BUtte State of California., described as SEE ATTACHED LEGAL DESCRIPTION Dated—4.-.._ _...._._...-....- - /.. ...1/ -- -- ) G 1 "iqg STATE OF CALIFORNIA iss. COUNT, p._ ► o san Biggers On._.—.�.C:� - -- before me,the under s' ,ed,a Notary Public in�and for said State,per- sonallya eared —..--- --._RLQ- • - _ ----- --— - Y personally known to me(or proved to me on the basis of satisfactory. OFFICIAL SEAL evidence)to be the person(s)whose name(s)is/are subscribed to the MARY R.(ASEBEER within instrument and acknowledged to me that he/she/they executed m NOTARY PUBLIC.CALIFORNIA i �° BUTTE COUNTY the same. Oft I My Comm.Expires Jan.29,1993 WITNESS my hand and official seal. (This area for official notarial seal) Signature.. 1002 (6/82) MAIL TI`S)Y, TATEMENIS: NS DIRECTED ABOVE I r, \. � � L ---- - - . ORDER NO. BU-102482 MC DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, DESCRIBED AS FOLLOWS: THAT PORTION OF SECTION 28, TOWNSHIP 26 NORTH, RANGE 4 EAST, M.D. B. & M. , MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 22 CHAINS EAST OF THE NORTHWEST CORNER OF SAID SECTION 28, AND CONTINUING EAST TO THE COUNTY ROAD AT 26 CHAINS AND ALONG AN OLD FENCE LINE BETWEEN SECTIONS 28 AND 21, SAID TOWI4SIIIP AND RANGE, TO 51 . CHAINS FROM AFORESAID CORNER; -THENCE SOUTH 20 CHAINS TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28 ; THENCE WEST 11 CHAINS TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28 ; THENCE SOUTH 10 CHAINS ALONG THE EAST LINE OF NORTHWEST QUARTER OF SAID SECTION 28 ; THENCE WEST 3 CHAINS ; THENCE NORTH 50 DEG. WEST 19 CHAINS TO A POINT -IN THE CENTER OF THE COUNTY ROAD ABOUT 1 ,CHAIN SOUTH OF THE INTERSECTION OF MALLOY CREEK AND SAID COUNTY ROAD; THENCE NORTH 18 CHAINS TO THE POINT OF BEGINNING. PAGE 4 .. ::. .. .•.... }.,..�:•:^!:!':i'4'r';i!1'�:�'f7!�!j!�?t"Yl'?►>1f77r7�1�C. STATE OF CALIFORNIA 7p �+ SGn Biggers before me,the unders' led,a NotaryPublic in and for said Slate,per- sonally a eared Personally known to me(or proved to me on the basis of satisfactory 7OFFICLAL SEAL evidence)to be the person(s)whose name(s)is/are subscribed to the `� . (ASHG.within instrument and acknowledged to me that he/she/they executed NLIC•CAUFORNWthe same. • .^ E COUNTYFOPN� W ires Jan. 99,1993 WITNESS my hand and official seal. Signature!" v� (This area for official notarial scall MAIL TAX STAIEMEN]': ^•S DIRECTEi3 ABOVE 1002 (6/82) 96619 U AON 1 powliedea Buouueld 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. : 060-070-027 2. .DESCRIPTION OF PROJECT: To amend the Butte County General Plan designation from Timber Mountain to Agricultural-Residential and change the zoning designation from TM-40 to TM-20. 3. LOCATION OF PROJECT: Located on the east side of Humbolt Road directly north of Butte County Fire Station # 10, in the Butte Meadow area. 4. NAME AND ADDRESS OF PROJECT APPLICANT: Garland Hart, P.O.Box 3320, Chico, CA 95927 5. MITIGATION MEASURES: 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: June 25, 199 Determination: On the basis of the initial study of environmental impact, the information presented at hearings, comments received on the proposal and our own knowledge and independent research: We find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. X We 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. Vivian Mey r, Vic Chairman Butte Countfiv. fm Date:— IM Revised Mitigation Measures for Hart GPA(96-03)and REZ(96-04). MITIGATION#1: Establish 100 year floodplain elevations. Lowest floor elevations for any structures shall be one foot above 100 year floodplain contour. Show on the additional map sheet the elevations(by contours) and the location of an accepted NVGD benchmark, place a temporary benchmark on-site and identify the 100 year floodplain on the additional map sheet. MITIGATION#2: Show on the additional map sheet a 100 ft. No Development Setback along the north bank of Mallory Creek,the unnamed tributary creek located on parcel 1, and the wet meadow on parcel 2: Also show on the additional map sheet a 50 ft. No Development Setback along the south bank of Mallory Creek. MITIGATION#3: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;"The owner of the property must comply with all zoning requirements consistent with a Timber Mountain Zone. The No Development Setback shall be measured from the top of bank or the outer edge of riparian/wetland vegetation along both creeks and the wet meadow, whichever is greater. Any alterations to these conditions shall be approved by the Department of Fish &Game and the Planning Division" MITIGATION#4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "Construction,installation or development of structures or facilities on the parcel/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits." MITIGATION#5: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;"The use of Parcel Two (2) shall be limited to agricultural uses. The limitations on Parcel One(1)shall be consistent with Timber Mountain zoning and all other regulations, including,but not limited to,the Butte County Building Code and the Department of Fish &Game and the Planning Division. MITIGATION#6: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "During site development, should any archeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified, professional archeologist has examined the artifacts and the site and submitted findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division." BIUJOI"Pn`eIIIAOJQ 9661 E Z 1(1 r iuowijpd0p buluu01d BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Butte County Planning Manager FROM: Barry K.Hogan,Planning Manger RE: Request for Comments on a Development Application: HART,Garland GPA96-04 DATE: December 26,1995 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 General Plan Amendment:to change the General Plan desiggation on proposed parcel one from Timber Mountain to Ag!jcultural Residential on property zoned TM-4( Timber-Mountain 40 acre )located on the east side of Humbolt Road directly north of Butte County Fire Station#10 I the Butte Meadows area ,identified as APN 060- 070-027. 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 March 14, 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 11 ,1996. IF NO COMMENTS OR C OMM UNICA TION ARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS(Attach additional pages if necessary): J ` w4-0—- cve By:. Date: I k:Vorms\comme t. 10-16-95 BKH 7 County Center Drive =Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 LEAD IN SHEET FILE NO: GPA 96-04 APPLICANT: Garland Hart POB 3320, Chico, CA 95927 NAME ADDRESS OWNER: Same NAME ADDRESS REPRESENTATIVE: L & L Surveying POB 671, Paradise CA, 95967 NAME ADDRESS REQUEST: To change the General Plan designation on proposed parcel one from Timber Mountain to Agricultural Residential. AP# 060-070-027 SIZE: 65.69 acres LOCATION: Located on the east side of Humbolt Road directly north of Butte County Fire Station #10 in the Butte Meadows area. SUPERVISORAL DISTRICT# Three EXISTING ZONING: TM-40 ZONING HISTORY: 6-9-92 , #3013 SURROUNDING ZONING: TM-40 SURROUNDING LAND USE: Open space, timber, public, residential SITE HISTORY: GENERAL PLAN DESIGNATION: Timber Mountain APPLICABLE REGULATIONS: All k:leadinsheet I pifin flip cepaE'tI ont DEC 2 6 ' 5 COMMENT DISTRIBUTION LIST APPLICATION.• GFA qG- 03 P1011dIno DATE: 12 /4/as DEC 2 6 195 County Offices and Cttles: / Oro....... va _ Chief Administrative Officer /=Plipg o .Services Director ✓ Public Works Director J. Environmental Health Director Manager = Building Manager Sheriff BCAG — ALUC Y, LAFCo _ APCD Butte Co.Farm Bureau Biggs _ Gridley _ Chico Oroville _ Paradise _ Chico Airport Commission Irrigation D61 acts: 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 I . 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 Utititles PG&E North-dkico _ Chambers Cable TV _ Pacific Bell PG&E South-Oroville _ Viacom Cable TV • State Agencies CalTralls Dept.of Water Resourrxs X of Fish and Game Forestry(Alin: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,Committers,eta 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 1b-16-95 COMMENT PACKET 1 . BILL FARREL - 2 . BARRY HOGAN 3 . ' PAULA LEASURE BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Barry K.Hogan,Planning Manger RE: Request for Comments on a Development Application: HART,Garland GPA96-04 DATE: December 26,1995 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 General Plan Amendment:to change the General Plan designation on proposed parcel one from 'Timber Mountain to Agricultural Residential on property zoned TM-4( Timber-Mountain 40 acre )located on the east side of Humbolt Road directly north of Butte Courgy Fire Station#10 I the Butte Meadows area ,identified as APN 060- 070-027. It is within Supervisorial District No. 3 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION _DEVELOPMENT REVIEW COMMITTEE ON March 14, 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 11 ,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS(Attach additional pages if necessary): By: Date: 0formkomment.fim 10-16-95 BKH 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 a Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS 1. BACKGROUND A. Applicant and/or Project Name: Garland Hart-General Plan Amendment, Rezone and Tentative Parcel Map. B. Project No. Of applicable) and AP No.: GPA#96-03, REZ#96-04, TPM#96-07 on APN 060-070-027. C. Address of Applicant and Representative Of applicable): Garland Hart, POB 3320,Chico, CA 95927. L&L Surveying, POB 671,Paradise, CA 95967 D. Project Description and Location: The project to be reviewed consists of three arts:a General Plan Amendment JP J P allow the conversion of o parcel one from Timber Mountain to Agricultural Residential; a Rezone to allow to a proposed pa Ag , the conversion of proposed parcel one from TM-40 (Timber Mountain-40 acre minimum) to TM-20 (Timber Mountain-20 acre minimum); and a Tentative Parcel Map to create to two parcels of 20.62 acres(parcel 1) and 45.06 acres(parcel 2). The 66.69 acre parcel is located on the east side of Humbolt Road directly north of the . Butte Meadows Volunteer Fire Station#11 and appropmately one mile east of the intersection of Humbolt Road and Skyway. The parcel,at present is without any significant improvements other than a small agricultural structure,fencing and cattle pens. The parcel currently has the potential for one homesite that would most likely be located on the southern 1/3 of the property because the northern 2/3 is without any significant usable sewage disposal area due to a large wet meadow. The net result of this project will not increase the residential dens' on the property 9 P 1 ltY P P rtY because the proposed parcel 2 will not be permitted to be developed leaving only one buildable parcel. The property is located in a rural mountainous setting in an area defined as Butte Meadows, a small community straddling Humbolt Road with approbmately 175 seasonal cabins,a small number of permanent residents, a small store,two bars and a volunteer fire station. In 1991,a 29 lot subdivision was approved approbmately 1000 feet west of the project site. The surrounding area is predominantly utilized for commercial timber harvesting and is owned by the Diamond International Corporation. The project area has been altered from its original natural condition by grazing activities, logging and other human occupation that resulted in the reduction of the number of plant and animal species that once occupied the project area. The project site is characterized by a large wet meadow on the northern 2/3 of the site and a mixed conifer-deciduous woodland with riparian habitat found along two creeks on the southern 1/3 of the site.The southern most year-round creek is identified as Mallory Creek,while the northern fork of this creek is seasonal and nameless.The site does provide wildlife habitat,including summer range for the East Tehama Deer Herd. The topography is relatively level with an average elevation of appro>amately 4400 feet. Additional project description and area description can be found in the data sheet at the end of this document. II. EVALUATION OF ENVIRONMENTAL IMPACTS 1.Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? Yes No X Maybe ■ Butte County Development Services Department • Planning Division ■ . 1 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 Response: The project as submitted has the possibility for only one residential structure and will not affect subsurface earth conditions because no significant earthmoving or use of explosives will occur and no active fault zones are located within the project area. Any fill placed on site for road or homesite construction will have to meet the requirements of Chapter 70 of the Uniform Buikning Code and will be compacted to accepted engineering standards and will not represent i a hazard. Mitigation: None required. b. Disruptions,displacements,compaction or overcovering of the'soil? Yes No X Maybe _ Response: The project as submitted may result in some disruption, compaction and overcovering of the site from the development of structures, driveways, and other improvements associated with one single family dwelling. However, because approximately 70%of the site will be undevelopable due to the large wet meadow and two creeks and parcel sizes are in excess of 20 acres without any significant slopes, any development that might occur is unlikely to create any significant disruption of the site. Home construction, driveways and accessory uses are estimated to cover only.01%of the site based on 8000 sq. R of impervious surfacing.Any grading associated with residential construction will also be subject to the requirements of Chapter 70 of the Uniform Building Code. While the proposed Agricultural Residential General Plan designation does allow for the creation of smaller parcels, the proposed TM-20 zoning would not Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site. Based on this information, the project will not result in significant soil impacts. Mitigation: None required. c. Substantial change in topography or ground surface relief features? Yes _No X Maybe _ Response: The project as submitted will not require substantial modfications to the existing topography to accommodate. site development because the topography is nearly level, slopes on the site do not exceed 10%, and no significant surface relief features are located on the site. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site. Mitigation: None required. d. The destruction,covering or modification of any unique geologic or physical features? Yes No X Maybe _ Response: The site has no unique geologic or physical features that will be impacted by the proposed land division. A wet meadow and two creeks are found on the site, but will not be impacted because mitigations found in Section 5d and 16d of this document will prohibit any development within 1001t. of the creeks and prohibit development in the wet meadow area altogether. All future attempts to further divide the land will be subject to these same restrictions. Mitigation: None required. e. Any substantial increase in wind or water erosion of soils,either on or off-site? Yes No X Maybe Response: As discussed in items 1b,c, 8 d, the property is without any significant development potential due to the physical constraints found on the property and the large lot sizes. Because of these constraints, the limited amount of Ws exposure and rnpervious surfiacyng(01%of ft site)is not expected to generate an inordinate or substantial,amount of runoff that would result in any significant erosion either on or off--site. Mitigation: None required. f. Changes in deposition or erosion of beach sands,or changes in siftation,depoi4on or erosion which may modify the channel of a river or stream or the bed of any lake?* Yes No __X_Maybe _ ■ Butte County Development Services Department a Planning Division a 2 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 Response: The southem portion of the project site is crossed by Nx creeks. The proposed land division and anticipated residential development is not expected to impact the functionality of this drainage because of the large lot size(20 ac.) and the lack of any substantial slopes as discussed in items 1a-e above. Additionally, standard erosion control techniques will be utilized to further reduce the possibility of erosion to a level of insignificance and the project will be subject to condthns restricting any development within 100 feet of the creeks. Any future attempts to rezone or divide Me land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. g. - Loss of prime agriculturally productive soils outside designated urban areas? Yes No X Maybe Response: This project site does not contain prime agricultural soils. Mitigation: None required. h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud-slides,ground failure, or similar hazards? Yes No XMaybe _ Response: The Butte County Seismic Safety Element does not indicate any faults in the area and the risk of ground rupture during a seismic event is remote. However, all of Butte County is in a Moderate Earthquake Intensity Zone Vlll and the potential for ground shaking is possible. Construction of buildings to Uniform Building Code standards will provide adequate protection to occupants in case of seismic activity. Mobile homes are required to be anchored to the foundation throughout Caftibmia in accordance with Section 18613 of the Health and Safety Code. As discussed in items 1 a-f above, the property is without any significant slopes that may result in earth related hazards. Mitigation: None required. 2.Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? Yes No X Maybe _ Response: The project as proposed has the potential to result in only one residential homesite that will result in a cumulative impact on air quality created by the increased traffic generated and the use of wood burning devices. The California Air Resources Board has identified Butte County as a Non-attainment Area in meeting the standards of the Caftmis Air Quality Act. 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. Because of the remote location of this parcel and its likely use as a weekend recreation home or vacation home the anticipated iraft is insignificant and MW not cause substantial air quality impacts. Any future attempts to rezone or deride the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. b. The creation of objectionable odors? Yes No X Maybe _ Response: The proposal will not create objectionable odors, smoke or fumes beyond what is customary and expected from residential uses utilizing woodbuming heating devices. Mitigation: None required. c. Alteration of air movement, moisture,temperature,or any change in climate,whether locally or regionally? Yes No X Maybe ■ Butte County Development Services Department a Planning Division ■ 3 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 Response: The proposal will not~the kcal or regional climate. Only large projects such as the construction of high rise buildrngs,the creation of large water bodies,massive defoliation, or introduction of large areas of vegetation where there were previously none, would have the dimatic effects discussed in this question. Since this project has none of these characteristics it will not affect local or regional dimates. Mitigation: None required. , 3.Water. Will the proposal result in: a. Substantial changes in currents,or the course or direction of water movements,in fresh waters? Yes No X Maybe Response:-The project area is crossed by two creeks that flow into Butte Creek approximately 800 feet to the west of this site on the west side of Humbolt Road. The pr*ct will not significantly affect the. the*drection and movement of the creeks or create excessive runoff or refired any& nage on site because as discussed in items 1a-f, the land is without any substantial slopes in the area of the creeks, the parcel is 20 acres in size, and impervious surfacing will be limited to improvements associated with the creation of one additional homesite which will result in only minor increases in run- 'off Total lot coverage of impervious surfacing will amount to less than.01%of the parcel. These improvements will not signfic;antly impact the water carrying ability of the creeks. Additionally, the project will be restricted from encroaching on the creeks by mitigations found in item 5d. Any future attempts to rezone or divide the land further will.require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None_required. b. Subsiantial changes in absorption rates,drainage patterns,or the rate and amount of surface runoff on-site or into any water body? Yes No XMaybe , Response: See response in item 3a. Mitigation: None required. c. Need for off-site surface drainage improvements,including vegetation removal, channelization or culvert installation? Yes No X Maybe Response: See response in item 3a. Mitigation: None required. d. Alternations to`the course or flow of flood waters? Yes —No, X Maybe Response: The southern 1/3 of the project site is crossed by two creeks that cause this area to be identified on the FEMA Flood Insurance Rate Map, Panel 00617-025B as being located in Flood Zone A. The proposed project will not substantially alter the course or flow of flood waters because of the large lot sizes°(20+acres), the limited density of homeskes that m71 be permitted and the restricted 100 foot setback from the creeks as identified in item 5d. The project as proposed for one homeske MW not significantly impair the ability of these creeks to,car y flood waters because of the factors discussed here and in items 1a=f and 3a. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. e.. Discharge into surface waters,or in any alteration or surface water quality,including,but not limited to,temperature, dissolved oxygen or turbidity? Yes No X 'Maybe Response: The proposal for a residential use will neither discharge pollutants into surface creeks nor alter the quality i of the water.As discussed in items 1 a-f and 3a,this pr*d wig not create significant erosion due to the large parcel sizes I f ■ Butte County Development Services Department Planning Division ■ 4 Garland Hart-GPA 96-03 • REZ 96-04 TPM 96-07 and the lads of slopes on-site. Stormwater contamination from the residential use of pesticides, herbicides, petroleum products, and other pollutants could result from development of the property. However, the use of these products in accordance with manufacturers guidelines on 20+ acre bts is not expected to cause any significant impacts to the watershed. Any fidiae attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. f. Alteration of the direction or rate of flow of ground waters? Yes No X Maybe Response: The proposed land use change, land division and anticipated residential development will not result in the cumulative reduction of ground water supplies in the immediate area because the project will only create the potential for one homesite that will not withdraw substantial quantities of ground water. Any future attempts to rezone or divide the land further will require adc bxW environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. h. Change in the quantity of ground waters, either through direct additions or withdrawals,or through interception of an aquifer by cuts or excavations? Yes No X Maybe Response:See response in 3f. Mitigation: None required. I. Substantial reduction in the amount of water otherwise available for public water supplies? Yes No X Maybe Response: A substantial reduction in public water supplies will not occur as a result of project approval because there wll be only one additional homesite created and there is abundant ground water in the area. Mitigation: None required. j. Exposure of people or property to water related hazards such as flooding? Yes No X Maybe Response: As discussed in item 3d, the southern 113 of the project site is crossed by two creeks that cause this area to be identified on the FEMA Flood Insurance Rate Map, Panel 00617-025B as being located in Flood Zone A. The proposed project will not substantially alter the course or flow of flood waters because of the large lot sizes(20+acres), the limited density of homesites that will be permitted and the restricted 100 foot setback from the creeks as identified in item 5d. However,because the southern portion of the property is potentially in a 100 year floodplain and this is the area most 11kely to be utilized for a homesite, a large flood event could expose both people and property to this hazard. Water level records are not available for these creeks, however, records are available for Butte Creek for a period between 1961 and 1976 from the United States Geographical Survey(USGS) which utilized a gauging. The USGS records indicate that during these years that Butte Creek had a maximum flow of 4,290 cls which is less than the Department of Public Works predded 50 year flood event of 7,386 cfs. K is difficult to predict the exact water levels on this site,but fl is reasonable to assume that flood water levels on the project creeks roughly parallel those numbers found aWV Butte Creels,or are less considering the dsperity of elevations that means precipitation downstream may be rain while at this site d may fall as snow w2h Oe or no runoff. The series of storms in February-March of 1986 produced the highest stream flows or record throughout Butte County, but no substantial data exists for Butte Meadows. However, personal accounts of citizens ffamuTiar with the Butte Meadows area indcate that the 1986 storm did not significantly flood the project site. ■ Butte County Development Services Department & Planning Division • 5 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 To reduce this potential hazard to a level of insignificance the applicant will be required to establish 100 year floodplain elevations and the lowest floor elevations,fior any structures. This information will also be required to show these elevations on the parcel map. Any future attempts to rezone or d wide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. MITIGATION#1: , Establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the additional map sheet the elevations (by contours)and-the location of an accepted NVGD benchmark, place a temporary benchmark on-site and identify,the 100 year floodplain on the additional map sheet. 4. , Plant Life. Will the proposal result in: a. Change in the diversity of species,or number of any native species of plants Including trees,shrubs,grass, crops and aquatic plants)? Yes No X Maybe Response: The project site is characterized by a mixed coniferous forest on parcel 2 (approx. 9 ac.)ar►d along the perimeter of parcel 1 (approx. 2 ac.), riparian vegetation along the creeks on parcel 1 (approx. 11 ac.), and a large wet, meadow on parcel 2(approx. 44 ac.). Approximately 93%of the site will not be developed due to the environmental constraints posed by the riparian areas and the wet meadow. In the remaining 7%some clearing will take place to accommodate site development and non-nafive landscaping may be introduced, but significant losses of vegetative diversity are not anticipated to occur because mitigations found in item 5 will prohibit encroachment into sensitive environmental areas of the site. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation:•None required. b. Reduction of the numbers of any unique, rare or endangered species of plants? Yes No X Maybe Response: The'area proposed for this project does not contain any unique, rare or endangered plant species therefore no reductions in these species will occur. Mitigation: None required. c., Introduction of new species of plants into an area of native vegetation,or in a barrier to the normal replenishment of wdsting species? Yes X , No Maybe _ Response:' Approval of this request may result in the introduction of plant species used for residential landscaping. Because the non-native vegetation is not expected to be extensive and approximately 93%of the site will be prohibited t from development;the impacts will not be significant.Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. d. Substantial reduction in acreage.of any agricultural crop? Yes No X Maybe Response: The project site does not contain any ag tukuraf crops and is presently designated for residential and timber management uses. Timber can be considered a renewable agricultural crop, but the project site has been long used as grazing and open space area and is without any substantial timber that could be harvested commercially. Mitigation: None required. jS. Animal Life. Will the proposal result in: I i ■ Butte County Development Services Department Ar.Planning Division ■ 6 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 a. Change in the diversity of species or numbers of any species of animals(birds, land animals, reptiles,fish,shellfish, benthic organisms or insects)? Yes No X Maybe Response: The area is seasonal habitat for the East Tehama Deer Herd and a variety of small animals and birds, however,a substantial change in animal diversity is not expelled because of the large lot sizes(20+ac.), the creation of only one homesite, and mitigation measures found in item 4d that will prohibit the encroachment into sensitive environmental areas that make 93%of the site unusable. The project may result in the introduction of domestic pets into the area which could have an impact on the diversity of animal life. This should not have an impact on the diversity of wi7cfde because the Ws created will be large and only one new homesite will be created. Any future attempts to rezone or divide the land further will require addtiona/envirr v*n al review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. b. Reduction of the numbers of any unique, rare or endangered species of animals? Yes No X Maybe Response: The project site does not contain habitat that would support rare and endangered species. Mitigation: None required. c. Introduction of new species of animals into an area, or in a barrier to the migration or movement of animals? Yes No X Maybe _ Response: This proposal may involve the introduction of pets or other animals into the area. Although domestic animals represent a threat to deer habitat, it will not result in a substantial change in species representation. Mitigation: None required. d. Deterioration to existing fish or wildlife habitat? Yes No Maybe X Response: The project site contains a mixed coniferous forest on parcel 2(approx. 9 aa.)and along the perimeter of parcel 1 (approx. 2 ac.),riparian vegetation along the creeks on parcel l (approx. 11ac.), and a large wet meadow on parcel (approx.44 ac.). These areas contain extensive fish or wildlife habitat that have the potential to be impacted by the project. The areas of the wet meadow and the creeks represent approximately 93%of the site and are not suitable for development. In order to protect this habitat from human encroachment, a 100 ft. No Disturbance Setback will be enforced along both creeks and the wet meadow. The project is located within the critical summer range of the East Tehama deer herd. The California Department of Fish& Game does not consider the summer range to be significantly impacted by development at this time and no mitigations are necessary at this time. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. MITIGATION#2: Show on the map a 100 ft.No Disturbance Setback along Mallory Creek,the unnamed tributary creek located on parcel 1 and the wet meadow on parcel 2. MITIGATION 03: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;"Structures,dumping,fifl material,vegetation removal and/or excavation shall not be allowed within the 100 ft.No Disturbance Setbacks as depicted on the final map. The 100 ft. No Disturbance Setback shall be measured from the top of bank or the outer edge of riparian/wetiand vegetation along both creeks and the wet meadow,whichever is greater. Any alterations to these No Disturbance Setbacks shall be approved by the Department of Fish&Game and the Planning Division" ■ Butte County Development Services Department & Planning Division ■ 7 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 6. Noise. Will the proposal result in: a. Substantial increases in existing noise levels? Yes No X Maybe Response: The proposed project wry not result in a substantial k=ease in noise created on-site or in the vicinity because -residential uses do not customarily create high levels of noise. Mitigation: None required. b. Exposure of people to severe noise,levels? Yes No X Maybe Response: The project site is located in an area of rural residential uses away from customary sources of significant noise. However, the specific site is located directly next to the Butte Meadows Volunteer Fire Department and may be subjected to occasional high levels of noise generated by emergency response vehicles. These episodes are not numerous and last for only a few minutes before the vehicles are out of the area and the noise levels are no longer signiffcant. The site is also located in an area that may be subject to logging activity and associated noise generated by this use. Logging activities are permitted in this area and while noise is generated, it is not anticipated to be at severe levels. Overall, the proposal will not expose people to severe noise levels. Mitigation: None required. 7. Light and Glare. Will the proposal produce substantial new light or glare. Yes No X Maybe _ Response: The proposal will not result in a substantial increase in light or glare created on site or in the vicinity because the anticipated residential development does not require or customarily utilize intensive lighting. Mitigation: None required. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned lan&use of the area? Yes No X Maybe Response: The proposal will not substantially alter the land use in the area. The project site is presently zoned TM-40 (Timber Mountain-40 acre min.)which allows residential uses. The site is designated by the Butte County,General Plan as Timber Mountain. The applicant is seeking a General Plan Amendment to allow the conversion of proposed parcel one from Timber Mountain to Agricultural Residential,a Rezone to allow the conversion of proposed parcel one from TM- 40 member Mountain-40 acre minimum)to TM-20 member Mountain-20 acre"minimum);and a Tentative Parcel Map to create two parcels of 20.62 acres (parcel 1) and 45.06 acres (parcel 2). The requested actions will not result in a substantial alteration of the present or planned land uses in bre area because: I. The surrounding area defined as Butte Meadows, is a small community straddling Humbolt Road for a distance of approximately 2 miles on ether direction of the project site. This-area is developed with approximately 175 seasonal and permanenthomes/cabins,a small store, two bars, a volunteer fire station and in 1991, a 29 lot subdivision was approved approximately 1000 feet west of the project site with an average density of one unit per 4.25 acres with a General Plan designation ofAgfcuaiaa/Residential and 1, 3, &5 acre zoning. -Overall, the general area consists of approximately 238 parcels of which the preponderance are less than 2 acres and residential in nature;and 2. The parcel currently has Bre potential for one homesite that would most likely be located on the southem 1/3 of the property because.the northern 2/3 is without any significant usable sewage disposal area due to a large wet ' meadow. The net result ofthis project wN not ftrease the residential density on the property because the proposed parcel 2 is not be approved for sewage disposal per Environmental Health Division requirements which will leave only one buildable parcel 1br a net densly of one unit per.66 acres. Overall, the applicant is only seeking a land use ■ Butte County Development Services Department Ar Planning Division ■ 8 i Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 change for parcel 1(20.62 ac.),which comprises only 30%of the entire 66.69 acre property and of which only 4.33 acres(21%)of the parcel will be developable;and 3. The Butte County Planning Division is currendy reviewing and updating the General Plan and Zoning Ordinance for possible designation changes to various areas of the County to better reflect the actual land uses. The Butte Meadows area as defined above(1)is being considered for changes that will more accurately reflect the present residertial uses. It is not known at this time what specific designations will be called, but it is clear that the Timber Mountain designations are not appropriate for the residential and commercial land uses in the area. Any future attempts to rezone or dvide the land further MW require addhonal environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. 9. Natural Resources. Will the proposal result in: a. Substantial increase in the rate of use of any natural resource? Yes No X Maybe Response: The project as proposed will allow for the construction of one residential unit at rural densities. The use of natural resources will be limited to those products needed to construct the home and the energy to heat, cool, and light Me home. Much of the electricity used in Butte County is generated by hydroelectric power plants and is considered a renewable source of energy. The wood used in the construction of the home is also considered a renewable resource. The proposal for one additional residential unit will not significantly affect any natural resources. Mitigation: None required. b. Substantial depletion of any non-renewable natural resource? Yes No X Maybe j Response: See discussion in item 9a. Mitigation: None required. i 10. Risk of Upset. Will the proposal involve: i a. A risk of an explosion or the release of hazardous substances(including, but not limited to,oil, pesticides,chemicals or radiation)in the event of an accident or upset conditions? Yes No X Maybe _ Response: The proposal will not involve the use of hazardous materials other than those materials designed for residential use, nor is.located close to any facilities which store or utilize such materials. The residential use of herbicides, pesticides, and fertilizers is not expected to create any significant risks when used in compliance with manufacturers standards. Continuing education of the public regardng the proper use and deposal of household chemicals also helps to eliminate local contamination. Mitigation: None required. b. Possible interference with an emergency response plan or an emergency evacuation plan? Yes No X Maybe Response The proposal for one residential unit will not significantly affect emergency services planning. At present there is not an adopted emergency response plan or evacuation plan for this area. Mitigation: None required. 11. Powlation. Will the proposal after the location,distribution,density,or growth rate of the human population of an area? Yes No X Maybe ■ Butte County Development Services Department Ar Planning Division ■ 9 i Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 Response: As indicated in the discussion of item 8, the proposed residential lot division and land use change will not alter local population density because the project site is planned for the possibility of rural residential densities/uses in the general plan and the area is being developed for these purposes. Mitigation: None required. 12. Housing. Will the proposal affect existing housing or create a demand for additional housing? Yes No X Maybe Response: The proposal will not affect housing demand because the project will create new homesites. Mitigation: None required. 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? Yes No X Maybe Response: The proposal will represent an incremental increase in traffic in the area. Because of the remote location of this parcel and its Ckely use as a weekend recreation home or`vacation home, the anticipated traffic is insignificant and will not cause substantial circulation impacts. The proposal for one homesite has the potential to generate approximately 5 vehicle trips per day,this number of hips is not expected to significantly impact the local circulation system.. Any future attempts to rezone or dvide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. b. Effects on.eiasting parking facilities or demand for new parking? Yes No X Maybe Response: The proposal for one residential unit on a 20+acre lot will not create a demand for new parking or other parking related improvements on-site. The proposal will also be required to comply with the parking standards contained within Butte County Code Section 24-35. Mitigation: None required. c. Substantial impact upon existing transportation systems,including public transportation services? Yes No X Maybe Response: This proposal will not substantially impact existing transportation systems because the rural residents are not expected to utilize public transportation and the number of expected residents associated with the project is small. See additional discussion in item 13a. Mitigation: None'required. d. Significant alterations to present patterns of circulation or movement of people and/or goods? Yes No X Maybe Response:See items 13a,b,c. Mitigation: None required. e. Afterations to waterbome, rail or air traffic? Yes- No X Maybe Response: The proposal will not affect waterborne, rail or air traffic because the project is not located near, nor will it utilize any such facilities. Mitigation: None required. f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Yes No X Maybe ■ Butte County Development Services Department A Planning Division ■ 10 Garland Hart-GPA 96-03 • REZ 96-04 TPM 96-07 Response: This project will not result in an increase in traffic related hazards to motor vehicles, bicyclists, or pedestrians because the level of use indicated in the discussion in items t3a-d. Mitigation: None required. 14. Public Services. Will the proposal have substantial effect upon or result in a need for new or altered governmental services in any of the following areas: a. Fire Protection? Yes No Maybe X Response: The project site is located in an area designated as a high fire hazard area, but is located directly next to Butte Meadbws Volunteer Fire Station#10 and approximately 2 miles from Butte CounlyXDF station#11. The fire hazard in this forested 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/California Department of Forestry has indicated that cumulative development in rural areas will impact their ability to provide fire protection services. They have stated that the installation of automatic fire suppression sprinkler systems in residential structures, the use of fire resistant building materials and the availability of water supply systems will reduce the demand for fire protection services. As a condition of project approval all new structures must meet the Fire Safe Regulations of Butte County and Public Resources Code 4290. This requires a property owner to maintain a cleared space of 30 ft. around all structures. The parcels created under the 7M-20 zoning are subject to a 25 ft. building setback along the side property lines and 50 It. setback along the rear property line. This does not ensure 30 ft. of cleared area around all structures. To allow for the required fire clearance, the side yard setback will be required to be a minimum of 30 ft. MITIGATION#4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D unless a pressurized community water system with hydrants serves the parcel." MITIGATION#5: Show on the map a 30 ft.building setback line along the side yards of all parcels and place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "To ensure the mandated fire clearance established in the County, a minimum building setback line of 30 ft. is required along all side yard property boundaries." b. Police protection? Yes No X Maybe Response: The proposal will cause an incremental increase in demand for police protection services. The cumulative impacts of increased development in rural areas impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. As a condition of project 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 additional map sheet stating that, "A development imped flee 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. 'I Mitigation: None required. c. Schools? Yes No X Maybe Response: The proposal will result in an incremental demand for school facilities in the area. As a condition of project approval, the app cant will be required to place a note on a separate document which is to be recorded concurrently with I ■ Butte County Development Services Department Ar Planning Division ■ 11 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 Me map or on an additional map sheet stating that, "A development impact fee for school facilities shall be paid prior to issuance of building permits. Said fee amount will be determined and calculated as of the date of application.for the building permits" While the school district maintains that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees by the State Legislature. Mitigation: None required. d. Parks or other recreational facilities? Yes No X Maybe Response: The proposal will not result in an increase in demand for park and recreation facilities in the area. Mitigation: None required. e. Maintenance of public facilities including roads? Yes No X Maybe Respons? The proposal will result in an incremental increase in the need for maintenance of roads and other public facilities in the area that is not considered significant Mitigation: None required. f. Other governmental services? Yes No X Maybe Response: The proposal will result in an incremental increase in demand for all other governmental services in the area ` that is not considered significant. Mitigation: None required. 15. Energy. Will the proposal result in: a. ' Use of substantial amounts of fuel or energy? Yes No X Maybe Response: The proposal will not utilize substantial fuel or energy. For the short term, the use of energy will be limited to that fuel needed to operate the machinery needed to prepare the site and construct a home. For the longterm, energy will be required to heat, coo/and light the homes. The project will not create a strain on existing energy supplies in the county because a significant portion of the eleciricity needs in Butte County are generated by hydro-electric plants which is considered a renewable source of energy. Mitigation: None required. b. . Substantial increase in demand upon e)dsting sources of energy or require the development of new sources of energy? Yes No X Maybe Response:, The project is.an area presently served by Pacific Gas&Electric, which forecasts energy consumption in their service area and provides facilities planning. The proposal will not substantially increase the demand for energy because PG&E has adequate resources for the generation of electricity. Mitigation: None required. 16. Utilities. Will the proposal result in a need for new systems or substantial alterations to the following utilities: a. Power or natural gas? Yes No ` X Maybe Response: See response in item 15b. Mitigation: None required. i ■ Butte County Development Services Department a Planning Division ■ 12 f Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 b. Communication systems? Yes No X Maybe Response: Pacific Telesis presently has distribution lines in the area and can serve the communications needs of this project wkhhout any substantW alteration to existing faaffies. The cost of extending new service lines to individual homes may be borne by the new residents. !Mitigation: None required. c. Water? Yes No X Maybe Response: The proposal will not affect public water systems because the proposal will utilize private wells. Mitigation: None required. d. Sewer or septic tanks? Yes No x Maybe Response: This project will not require or impact any sewer system because the project will utilize private septic systems. The Environmental Health Division will require the applicant to submit septic system plans to the EHD for review and approval. Mitigation: None required. c. Storm water drainage Yes No X Maybe Response: See response in item 3b. Mitigation: None required. d. Solid waste and disposal? Yes No X Maybe Response: Currently,the Butte County Landfill has the capacity to serve the proposed project. There is no mandatory garbage collection required in rural areas of the county. Some residents may choose to transport their own refuse to the landfill. Mitigation: None required. 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? Yes No X Maybe Response: The proposal will not create any health hazard. Mitigation: None required. b. Exposure of people to potential health hazards? Yes No X Maybe Response: The proposed Waal residerrtiial/and use continues a bend to develop lands located in the foothill environment. These foothill areas are recognized by ft.Departinent of Fish&Game and the State Legislature as being prime habitat for mountain lions. An increased human presence in these areas exposes property owners to potential mountain lion confrontations and/or attacks. brcidents of mountain lion sightings, confrontations and attacks have been well documented throughout the foothill and mountainous regions along the Sierra Nevada and a state wide ballot measure is presently proposed to allow sport hunting of mountain fans as a method of population control. At this time no regulations or guidelines exist for mountain lion control or avoidance. Mitigation: None required. ■ Butte County Development Services Department a Planning Division ■ 13 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public or will the proposal result in the creation of an aesthetically offensive site open to public view? Yes No X Maybe Response: The proposal will utilize undeveloped foothill land thr the purpose of building residential units. The subsequent clearing and buiklIng will permanently alter the present viewshed. However,the project is not considered to be offensive or out of character with surrounding land uses. To ensure that the natural viewshed is protected to the extent feasible, the property owners will be required to limit vegetation removal to that what is necessary for the construction of a homesite by placing a note on a separate document which is to be recorded concurrently with the map or on an ad lion/map sheet stating that, "The removal of vegetation shall be funned to what is necessary for the creation of a homesite, roads, accessory buildings, and to meet fire safety regulations.'). MITIGATION#6: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;"The removal of vegetation shall be limited to what is necessary for the creation of a homesite, roads,accessory buildings,and to meet fire safety regulations." 19. Recreation. Wll the proposal result in an impact upon the quality or quantity of ebsting recreational opportunities? Yes No X Maybe Response: The proposal will not significantly impact existing recreational opportunities in the area because the project site is private property and abundant public lands are located within 2 miles of the project site. Mitigation: None required. 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Yes No Maybe X Response: The project site is bcatedin a general area characterized as being of high potential archeological sensitivity. A review of archeological reports previously done in this area show a limited number of archeological sites were identified. Because approximately 93%of the site is undevelopable due to physical constraints and was utilized for cattle grazing activities, the potential for significant disruptions of archeological sites is minimal and does not warrant an advanced survey of the site. However, during development of the site archeological sites may be discovered requiring the following mitigation. MITIGATION#7: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "During site development, should any archeological artifacts be discovered,the Planning Division shall be notified immediately,and all work shall cease until a qualified,professional archeologist has examined the artifacts and the site and submitted findings to the Planning Division,and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division." b. Will the proposal result in adverse physical or aesthetic effects to the prehistoric or historic building,structure or object? Yes No X Maybe es e: The site has no skjn ficant historic or prehistoric structures or items that would be disturbed by the proposed project. As discussed in item 20a above, any items found will require addrtional scrutiny. Mitigation: None required. ■ Butte County Development Services Department 8 Planning Division ■ 14 Garland Hart-GPA 96-03 • REZ 96-04 TPM 96-07 c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Yes No X Maybe Response: The project will not result in any significant changes to the site that affect cultural values. Mitigation: None required. d. Will the proposal restrict epsting religious or sacred uses within the potential impact area? Yes No —K_Maybe Respons The proposed project will not impact any existing relig o or sacred uses in the area. Mitigation* None required.0 ■ Butte County Development Services Department Planning Division ■ 35 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 III. MANDATORY FINDINGS OF SIGNIFICANCE. 1. 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 or eliminate important examples of the major periods of California history or prehistory? Yes No Maybe X 1 Response: As discussed in Section 1,items 1 &5 of this document,this project has the potential to significantly degrade the quality of the environment However,mitigations and conditions imposed on the project will reduce these impacts to a level of insignificance. . 2. Does the project have the potential to achieve short-term,to the disadvantage of long=term,environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief,definitive period of time while long- term impacts will endure will into the future.) Yes No X Maybe Response: The project,as discussed in Section 1 of this Initial Study,will not result in short-term benefits at the expense of impacting long-term environmental goals. 3. Does the project have impacts which are individually limited, but cumulatively considerable? (A projects impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Yes No Maybe X Response: This project,as discussed in Section II,items 1,4,5,&14 of this Initial Study,may have a significant cumulative impact on the environment However,mitigations and conditions imposed on the project will reduce these impacts to a level of insignificance. 4. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Yes No X Maybe Response: As discussed in Section 11,items 3j,6-8of this Initial Study,this proposal will not have a significant adverse effect on human beings because mitigations and conditions imposed on the project will reduce these impacts to a level of insignificance. IV. DETERMINATION On the basis of this initial evaluation: — I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project COULD HAVE a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described herein have been added to the conditions of approval for the project. A NEGATIVE DECLARATION will be prepared. — I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date: January 18, 1996 Prepared by: Step n Lu oa a Planner Reviewed by: Craig San , enior Planner ■ Butte County Development Services Department ! Planning Division ■ 16 Garland Hart-GPA 96-03 • REZ 96-04 TPM 96-07 V. MITIGATION MEASURES AND MONITORING REQUIREMENTS MITIGATION#1: Establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the additional map sheet the elevations (by contours)and the location of an accepted NVGD benchmark, place a temporary benchmark on-site and identify the 100 year floodplain on the additional map sheet. MITIGATION#2: Show on the additional map sheet a 100 ft.No Disturbance Setback along Mallory Creek,the unnamed tributary creek located on parcel 1 and the wet meadow on parcel 2. MITIGATION#3: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;"Structures,dumping,fill material,vegetation removal and/or excavation shall not be allowed within the 100 ft. No Disturbance Setbacks as depicted on the final map. The 100 ft. No Disturbance Setback shall be measured from the top of bank or the outer edge of riparian/wetland vegetation along both creeks and the wet meadow,whichever is greater. Any alterations to these No Disturbance Setbacks shall be approved by the Department of Fish& Game and the Planning Division" MITIGATION#4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D unless a pressurized community water system with hydrants serves the parcel." MITIGATION#5: Show on the map a 30 ft.building setback line along the side yards of all parcels and place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "To ensure the mandated fire clearance established in the County, a minimum building setback line of 30 ft. is required along all side yard property boundaries.- MITIGATION oundaries"MITIGATION#6: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;"The mmwval of vegetation shall be Gnited to what is necessary for the creation of a homesite, roads,accessory buildings,and to meet fire safety regulations." MITIGATION#7: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "During site development, should any archeological artifacts be discovered,the Planning Division shall be notified immediately,and all work shall cease until a qualified,professional archeologist has examined the artifacts and the site and submitted findings to the Planning Division,and recommended clearance to continue. Recommencment of construction shall be upon the approval of the Planning Division." ■ Butte County Development Services Department • Planning Division ■ 17 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 DATA SHEET A. Proiect Description 1. Type of Projects General Plan Amendment,Rezone,Tentative Parcel Map 2. Proposed Density of Development: one unit per 30 acres. 3. . Amount of Impervious Surfacing: Incremental in the form of homes,driveways;accessory buildings. 4. Access and Nearest Public Road(s): Humbolt Road via SR32 5. Method of Sewage Disposal: Individual septic systems. & Source of Water Supply:'Individual wells. 7. Proximity of Power Lines:To property. 8. Potential for further land divisions and development: No B. Environmental Setting 1. Terrain a General Topographic Character: Level mountainous terrain. 6. Slopes: 0%-10% c. Elevation:4400 feet above sea level. d. Limiting Factors: None 2. Soils a. Types and Characteristics:McCarthy Series-Cobbly sandy loam. b. Limiting Factors: Moderately erodible 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: Low c. Landslide Potential: Low d. Fire Hazard: Moderate e. Expansive Soil Potential: Moderate to low, " 4. Hydrology a. . Surface Water: Mallory Creek, unnamed tributary to Mallory Creek. b. Ground Water: Unknown aquifers. c. Drainage Characteristics: good d. Annual Rainfall (normal): 70 inches per year. „ e. Limiting Factors: Creeks will r'e'quire,a 100 ft:setback 5. Vr;ual/Scenic Quality: Good. 6. -Acoustic Quality: Good. 7. Air Quality: Good. 8. Vegetation: Montane environment with conifer mixand riparian along creeks, meadow. . 9: Wildlife Habitat:;High quality among various vegetation'types. 10. Archaeological and Historical Resources in the area: High sensitivity area. 11. Butte County General Plan designation:Timber Mountain 12. 'Existing Zoning: TM-40 13. Existing Land Use on-site: Undeveloped grazing/pasture area. ; 14. Surrounding'Area: a. Land Uses: Timber, residential,open space,public b. Zoning: AR-1 to TM-2,5,20,40,TPZ 160 c. Gen. Plan Designation:Agricultural Residential and Timber Mountain. ■ Butte County Development Services Department a Planning Division ■ 18 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 d. Parcel Sizes: 1 - 100+ acres. 15. Character of Site-and Area: Rural mountain 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 number I Iapproximately 2 miles away,#10 on-site. b. Water Availability: Fire tankers only. 20. Schools: Chico Unified School District(s). ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department Earthquake and Fauft Activity Mao 11-1. Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department Wuefaction Potential May 11-2. Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department Subsidence and Landslide Potential Mar) 111-1.Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department Erosion Potential Mar) 111-2. Safety Element. Oroville,CA: CH2M Hill, 1977. 5. Butte County Planning Department. Eximnsive Soils Mar) 111-3. Safety Element. Oroville,CA: CH2M Hill,'1977. 6. Butte County Planning Department. Noise Element Mar)IVA, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department Scenic Highways Mar)V-1.Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department Natural Fre Hazard Classes Mar) 111-4.Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Mar). Oroville, CA: James P.Manning, 1983. 10. Butte County Planning Department. School District Mar). Oroville, CA. 11. Northwestern District Department of Water Resources. Chico-Nitrate Study Mar), Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Mar),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. Jonesville 15 Minute Quadrangle 15. Soil May,Chico 0925)/Oroville 0926)Area. United States Department of Agriculture. 16. Soil Survey of Chico 0 925)/Oroville 0 926)Area. United States Department of Agriculture. 17. Butte County Planning Department Butte County Fire Protection Jurisdictions and Facilities May. Butte County Fire Department and California Department of Forestry, 1989. ■ Butte County Development Services.Department z Planning Division ■ 19 Environmental Health BUTTE COUNTY D E C 2 8 1995 DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Oroville, California 'TO: Environmental Health Director Environmental He, FROM: Barry K.Hogan,Planning Manger RE: Request for Comments on a Development Application: HART,Garland GPA96-04 JAN U 2 DATE: December 26,1995 996 Chico Califomia 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 General Plan Amendment:to change the General Plan designation on proposed parcel one from Timber Mountain to Awicultural Residential on property zoned TM-4 Timber-Mountain 40 acre located on the east side of Humbolt Road directly north of Butte County Fire Station#10 I the Butte Meadows area ,identified as APN 060- 070-027. It is within Supervisorial District No. 3 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMIISSION _DEVELOPMENT REVIEW COMMITTEE ON March 14, 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 11 ,1996_ IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YO UHA ISE NONE. COMMENTS(Attach additional pages if necessary): Recommend following conditions: 1. Subsequent projects must meet Butte County Environmental Heallth Departments requirements for on-site sewage application and provision of drinking water. Planning aaa men jAN 16 1996 Orovilie,(;Gurornia By: (/G Date: k:lforms\comment.frm 10-16-9 B 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: California Department of Forestry FROM: Barry K.Hogan,Planning Manger RE: Request for Comments on a Development Application: HART,Garland GPA96-04 DATE: December 26,1995 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 General Plan Amendment:to change the General Plan designation on proposed parcel one from Timber Mountain to Agxicultural Residential on property zoned TM-4( Timber-Mountain 40 acre )located on the east side of Humbolt Road directly north of Butte County Fire Station#10 I the Butte Meadows area ,identified as APN 060- 070-027. 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 March 14, 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 11,1996_ IF NO COMMENTS OR COMMUNICA TION ARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS(Attach additional pages if necessary): o Planninnart Date: � �b k: orms comment.frm 1046-95 BKH JAN 16 9996 Orovilla, 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 BUTTE COUNTY Planning Department DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION .lA At 10 1996 Orov"ie,t%aiifomia TO: Development Services Director FROM: Barry K.Hogan,Planning Manger RE: Request for Comments on a Development Application: HART,Garland GPA96-04 DATE: December 26,1995 We have received an application for development of the below described property. We are reviewing the application for ompleteness 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 General Plan Amendment:to change the General Plan designation on proposed parcel one from Timber Mountain to Agricultural Residential on property zoned TM-4( Timber-Mountain 40 acre )located on the east side of Humbolt Road directly north of Butte County Fire Station#10 I the Butte Meadows area ,identified as APN 060- 070-027. 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 March 14, 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 11 ,1996: IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAISE NONE. I COMMENTS(Attach additional pages if necessary): or7 t,4<4r-e By: Date: k:\forms\comment. 1046-15&H 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 J iar-J�'if��F-•3 f°•�i i.Ql.di�J i,�9:tL!t.1Lt�5Y'3i.1saG' ` � -, COUNTY OF BUTTE Oroville, California GENERAL CLAIM CLAIMANT: Garland Hart ADDRESS: P.O. Box 3320 CITY & STATE: Chico, CA 95927 DATE OF CLAIM: August 1, 1996 IMPORTANT.- SEE INSTRUCTIONS SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES ON REVERSE SIDE DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT 8-1-96 Rezone, File No.96-04 1 REFUND $589. 15 General Plan Amendment, File No.96-03-REFUND $740. 9J' TOTAL $1,330. 1,the undersigned,declare under penalty of perjury that the services or articles claimed have been performed or delivered,and that this claim is true anc correct as stated. n c% Dated this�^day of 19.21C atJ_Z� , Calif. e,•_ /J gnature of Claimant 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 [M or Specific Board Approval [ ] (Check one)for the same. Dated this 6 Th day of QS&yC • , 195�_,at O R---.J L K F ,Calif. partment Head or Authorized Deputy Dept.Code 480.001 Exp. Code 4210900 PAYABLE FROM GENERAL FUND DO NOT WRITE BELOW THIS LINE-AUDITOR'S USE ONLY DEPT. &SUB. PROJ. SUB.OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT. Date 08/06/96 fivelopment Services Departm4pnt Time 8:49 am Applicant Billing Worksheet Page 1 REZ 96-04 Garland Hart Rounding None Full Precision No Last bill / / Last aging Last charge 07/11/96 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 11/06/95 Linda / C 2.50 85.00 #7089 Clerical 34.00 11/06'/95 Luke / P 4.00 236.00 #7106 Processing 59.00 11/20/95 Luke / P 1.00 59.00 #7227 Processing 59.00 01/15/96 Luke / P 3.00 177.00 #7630 Processing 59.00 01/29/96 Craig / P 1.25 73.75 #7732 Processing 59.00 02/26/96 Lynn / P 0.50 22.50 #7963 Processing 45.00 02/26/96 Luke / P 2.00 118.00 #8024 Processing 59.00 03/11/96 Larry / P 1.50 88.50 #8107 Processing 59.00 03/11/96 Lynn / C 0.50 22.50 #8146 Clerical 45.00 03/11/96 Luke / P 1.00 59.00 #8158 Processing 59.00 03/25/96 Lynn / C 0.50 22.50 #8246 Clerical 45.00 03/25/96 Linda / C 0.25 8.50 #8311 Clerical 34.00 04/08/96 Lynn / C 0.50 22.50 #8354 Clerical 45.00 Date 08/06/96 telopment. Services Departmnt Time 8:49 am Applicant Billing Worksheet Page 2 REZ 96-04 * :Garland Hart (continued) Date/Slip# Description HOURS/RATE AMOUNT TOTAL 04/08/96 Luke / P 0.50 29.50 #8403 Processing 59.00 04/08/96 Craig / P 0.50 29.50 #8461 Processing 59.00 05/06/96 Lynn / C 1.00 45.00 #8654 Clerical 45.00 06/03/96 Lynn / C 1.50 67.50 #8901. Clerical 45.00 06/03/96 Luke / P 1.50 88.50 #8908 Processing 59.00 06/17/96 Luke / P 0.50 29.50 19060 Processing 59.00 07/01/96 Lynn / C 0.25 11.25 #9229 Clerical 45.00 TOTAL BILLABLE TIME CHARGES 24.25 $1,295.50 Date/Slip# Description OTY/PRICE 03/11/96 Linda / $C 1 14.55 #8062 Publish Legal Notice in Chico 14.55 Enterprise Record 07/06/96 Lynn / $C 1 100.80 #9140 Publish Legal. Notice in Chico 100.80 Enterprise Record for Board of Supervisors hearing TOTAL BILLABLE COSTS $115.35 Date 08/06/96 elopment Services Department Time 8:49 am Applicant Billing Worksheet Page 3 REZ 96-04 * :Garland Hart (continued) TOTAL NEW CHARGES $1, 410.85 PAYMENTS/REFUNDS/CREDITS 11/06/95 Deposit - Receipt #15108 (2,000.00) 08/06/96 Refund/Claim Form to Auditor 589. 15 TOTAL PAYMENTS/REFUNDS/CREDITS ($1,410.85) NEW BALANCE TOTAL NEW BALANCE $0.00 NOTICE OF DETERMINATION it t TO: Office ofP|an.& Research Dept. 14O0Tenth Street Sacramento,CA 9S814 "1 MALL x Butte County Clerk FROM: Butte County Planning 7County Center D:. OroYUe 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: General Plan Amendment and Rezone, GPA 96-O3 & RZ86-04 AP Number: 060-070-027 Applicant: Garland Hart State Clearinghouse Number(If submitted 1oc|eohnghouseA: Contact Person: Steve Lucas Telephone Number: 538-7601 Project Location: Located on the east side of Humbolt Road directly north of Butte County Fire Station# 10,in the Butte Meadow area. Project Description: To amend the Butte County General Plan designation from Timber Mountain to Agricultural- Residential and change the zoning designation from TM-40 to TM-20. This is to advise that the Butte County Board of Supervisors has approved the above-described projecton and has made the following determinations regarding the above-described project: 1. The pr 'eot_____vi||. will not, have asignificant effect onthe environment. 2. AnEnvironmental Impact Report was prepared for this project punauonttothepnovioimnmofCEC>A. __X ANegative Declaration was prepared for this project punauantbotheproxioionmofCECb4. 3. Mitigation measures were,_____were not, made acondition of the approval ofthe project. 4. Astatement p[overriding considerations was,__X was not, adopted for this project. This iotocertify that the final EiRwithcomments and responses and record oyproject approva| ioovmUab|etothagenoro| public at: Date received for filing and posting m1OPR Butte County Planning Department 7County Center Drive OroviUe.CA95865 ~u`°r Farrel, ' �m0e|opnnert Service Director ��� � Revised Mitigation Measures for Hart GPA(96-03)and REZ(96-04). MITIGATION#1: Establish 100 year floodplain elevations. Lowest floor elevations for any structures shall be one foot above 100 year floodplain contour. Show on the additional map sheet the elevations (by contours) and the location of an accepted NVGD benchmark, place a temporary benchmark on-site and identify the 100 year floodplain on the additional map sheet. MITIGATION#2: Show on the additional map sheet a 100 ft. No Development Setback along the north bank of Mallory Creek,the unnamed tributary creek located on parcel 1, and the wet meadow on parcel 2. Also show on the additional map sheet a 50 ft. No Development Setback along the south bank of Mallory Creek. MITIGATION#3: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;'The owner of the property must comply with all zoning requirements consistent with a Timber Mountain Zone. The No Development Setback shall be measured from the top of bank or the outer edge of riparian/wetland vegetation along both creeks and the wet meadow, whichever is greater. Any alterations to these conditions shall be approved by the Department of Fish & Game and the Planning Division" MITIGATION#4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "Construction,installation or development of structures or facilities on the parcel/lots shall comply with the latest California Fre Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits." MITIGATION#5: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;'The use of Parcel Two (2) shall be limited to agricultural uses. The limitations on Parcel One(1)shall be consistent with Timber Mountain zoning and all other regulations, including,but not limited to,the Butte County Building Code and the Department of Fish &Game and the Planning Division. MITIGATION#6: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "During site development, should any archeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified, professional archeologist has examined the artifacts and the site and submitted findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division." 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: Garland Hart, GPA 96-03, RZ 96-04, located on the east side of Humbolt Road directly north of Butte County Fire Station# 10, in the Butte Meadow area.. Project Description. To amend the Butte County General Plan designation from Timber Mountain to Agricultural-Residential and change the zoning designation from TM-40 to TM-20: Findings of Exemption (attach as necessary): 1. The county of Butte has conducted an initial study and.prepared a Negative Declaration 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-o- r cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: Willi arrel, A. .C.P. Dire r of Development Services Lead Agency: County of Butte Date: 17-3-yG • DECLARATION OF FEES DUE* (California Fish and Game-Code Section 711.4) NAME AND ADDRESS OF APPLICANT Garland Hart P.O.Box 3320 Chico, CA 95927 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 Handling 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). 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: William Farrel Title: Development Service Director Lead Agency: Butte County Planning Division Date: July 02, 1996 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. MEMORANDUM To: Lynn From: Stephen Lucas Date: April 15, 1996 RE: Revised Mitigation Measures for Hart GPA(96-03) and REZ(96-04). MITIGATION#1: Establish 100 year floodplain elevations. Lowest floor elevations for any structures shall be one foot above 100 year floodplain contour. Show on the additional map sheet the elevations(by contours)and the location of an accepted NVGD benchmark, place a temporary benchmark on-site and identify the 100 year floodplain on the additional map sheet. MITIGATION#2: Show on the additional map sheet a 100 ft. No Disturbance Setback along north bank of Mallory Creek,the unnamed tributary creek located on parcel 1, and the wet meadow on parcel 2. Also show on the additional map sheet a 50 ft. No Disturbance Setback along the south bank of Mallory Creek. MITIGATION#3: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "Structures, dumping, fill material, vegetation removal and/or excavation shall not be allowed within the No Disturbance Setbacks as depicted on the final map. The No Disturbance Setbacks shall be measured from the top of bank or the outer edge of riparian/wetland vegetation along both creeks and the wet meadow,whichever is greater. Any alterations to these No Disturbance Setbacks shall be approved by the Department of Fish&Game and the Planning Division" MITIGATION#4: This mitigation measure is removed. "Fireadditional map sheet stating that, residential struetures in acee,danee with ti� National Fire Proteetion Assee*stion Standard for the 13D unless a pressurized eernmunity water systern with hydrants serves the ps MITIGATION#5: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "Construction,installation or development of structures or facilities on the parcel/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits." MITIGATION#6: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "The removal of vegetation shall be limited to what is necessary for the creation of a homesite,roads,accessory buildings,to meet fire safety regulations or that performed under a Timber Harvest Plan." MITIGATION#7: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "During site development, should any archeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a• qualified, professional archeologist has examined the artifacts and the site and submitted findings to the Planning Division,and recommended clearance to continue. Recommencement of constructiop shall be upon the approval of the Planning Division." Inter-Departmental Memorandum TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Garland Hart DATE: July 2, 1996 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as AP 060-070-027 portion was: X Rezone from TM-40 to TM-20 zoning district. Granted a variance to Issued a conditional use permit for � ��� � - .yo,1[��/1f7 � ° a 2 ��ryo yet✓ -� .i'� � Sze .l ��a� �� 1 ORDINANCE NO. 3278 2 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF 3 BUTTE, STATE OF CALIFORNIA, AN TM-20 (TIMBER MOUNTAIN) DISTRICT, PURSUANT TO SECTION 24-29. 4 The Board of Supervisors of the County of Butte, State of California, 5 6 under and pursuant to Section 24-29 of the Butte County Code of said County, 7 ORDAINS, as follows: 8 SECTION 1. The hereinafter described area situate in the County 9 of Butte, State of California, shall be and it is hereby zoned as an TM-20 (Timber 10 Mountain - 20 acre parcels) District, and such area shall be subject to the 11 restrictions and restricted uses and regulations pursuant to Butte County Code 12 13 Section 24-190.10. 14 Said area so zoned being located in the unincorporated area of Butte 15 County, Butte Meadows, more particularly described as follows: 16 All that certain real property situate in the County of Butte, State of 17 California, being more particularly described as follows: 18 A portion of Section 28, T26N, R4E, MDB&M, more particularly described as follows: 19 20 Beginning at the NW corner of Section 28; thence following along the northerly boundary of said Section 28, S 89° 45' 41" E for 3,265.97 21 ft. to the NE corner of that certain parcel of land as shown on the Record of Survey for Garland Hart, filed with the Recorder of Butte 22 County, California, on November 13, 1992, in Book 127 of Maps, at Page 66; thence leaving said northerly boundary of said Section 28 23 and following along the easterly boundary of said Hart parcel as 24 shown on said Record of Survey, S 01° 15' 36" E for 1,315.57 ft. to a point on the southerly boundary of the N 1/2 of the NE 1/4 of said 25 Section 28 as shown on said Record of Survey; thence following along said southerly boundary, S 890 53' 45" W for 625.98 ft. to the 26 SW corner of said N 1/2 of the NE 1/4 of said Section 28, as shown 1 on said Record of Survey, and the true point of beginning for the herein described parcel of land; thence from said true point of 2 beginning following along the easterly boundary of the NW 1/4 of 3 said Section 28, S 00 25' 41" W for 659.44 ft. as shown on said Record of Survey; thence leaving said westerly boundary line, W for 4 198.00 ft. as shown on said Record of Survey; thence N 70° 26' 57" W for 1122.04 ft. as shown on said Record of Survey; thence N 180 5 00' 55" W for 208.09 ft. as shown on said Record of Survey; thence N 400 5620" W for 35.22 ft. to a point in the centerline of Humboldt 6 Road as shown on said Record of Survey, said point also being on 7 a non-ta ngent 340 foot radius curve concave northwesterly from which a line to the radius bears N 400 56' 20" W; thence following 8 northerly along the arc of said curve for a length of 58.73 ft., through a central angle of 90 53' 46"; thence N 390 09' 54" E for 73.58 ft. to 9 the beginning of a tangent 171.72 foot radius curve, concave northwesterly; thence following northerly along the arc of said curve 10 for a length of 86.41 ft., through a central angle of 280 49' 55"; 11 thence along said centerline, N 100 19' 59"_ E for 54.47 ft.; thence leaving. said Humboldt Road centerline and following along the 12 centerline of Malloy Creek, N 710 23' 08" E for 126.14 ft.; thence continuing along said creek S 77° 37' 39" E for 41.95 ft.; thence 13 leaving said creek centerline, N 330 36' 43" E for 24.90 ft.; thence S 14 890 17' 14" E for 1,042.19 ft. to a point on said easterly boundary line of said NW 1/4 of said Section 28; thence following along said 15 easterly boundary line, S 0° 25' 41" W for 210.00 ft. to the point of beginning and the end of said description. 16 SECTION 2. This Ordinance shall be and it is hereby declared to be 17 18 in full force and effect from and after thirty (30) days after the date of its passage, 19 and before the expiration of fifteen (15) days after its passage, this 20 Ordinance shall be published once with the names of the members of the Board 21 of Supervisors voting for and against it in tfie Chcio Enterprise Record, a 22 newspaper published in the County of Butte, State of California. 23 24 PASSED AND ADOPTED by the Board of Supervisors of the 25 County of Butte, State of California, on the 25chday of June 1996, by the 26 following vote: !n 1 AYES: Supervisors Dolan, Houx, Thomas and Vice Chair Meyer 2 NOES: None 3 ABSENT: Chair McLaughlin 4 NOT VOTING: None 5 - b Vice Chair 6 d McLaughlin, CH MAN Butte County Board of Supervisors 7 I 8 ATTEST: JOHN S. BLACKLOCK, Chief Administrative 9 Officer and Clerk of the Board 10 11 By 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Barry K. Hogan, Planning Manager BY: Stephen Lucas, Planner DATE: March 14, 1996 REQUEST: File#GPA 96-03&REZ 96-04 for Garland Hart on APN 060-070-027: A request to amend the Butte County General Plan designation from Timber Mountain to Agricultural-Residential and change the zoning designation from TM-40 to TM-20 on a 20.62 acre portion of a 66.69 acre parcel, located on the east side of Humboldt Road directly north of the Butte Meadows Volunteer Fire Station#11. This project is located in Supervisorial District 3. RELATED ITEMS: A two parcel Tentative Parcel Map has been applied for along with this request. FOR: Planning Commission Meeting of April 11, 1996 SUMMARY:The proposed general plan amendment and rezone are consistent with each other. Staff recommends that the Planning Commission recommend the Board of Supervisors approve this application during the scheduled Spring General Plan Amendment. PROJECT CHARACTERISTICS: The 66.69 acre parcel is presently without any significant improvements other than a small agricultural structure,fencing and cattle pens.The property is located in a rural mountainous setting in Butte Meadows,a small community straddling Humboldt Road with approximately 175 seasonal cabins,a small number of permanent residents, a small store,two bars,a CDF station and a volunteer fire station. Surrounding parcels range in size from 1 to 257 acres. Surrounding parcels are zoned TM-40 to the northeast and to the south, and TM-10 to the south and to the west. There is also TM-5 zoning located further to the northwest and southwest. In 1991, a 29 lot subdivision was approved approximately 1000 feet west of the project site with lot sizes of one to five acres. The Land Use Element of the Butte County General Plan designates surrounding parcels as Timber Mountain and Agricultural- Residential. The surrounding area is predominantly utilized for passive recreation and commercial timber harvesting and is owned by the Diamond International Corporation. The general area has been altered from its original natural condition by grazing activities,logging and other human occupation that resulted in the reduction of the number of plant and animal species that once occupied the project area. The project site is characterized by a large wet meadow on the northern 2/3 of the site and a mixed conifer-deciduous woodland with riparian habitat found along two creeks on the southern 1/3 of the site.The southern most year-round creek is identified as Mallory Creek,while the northern fork of this creek is seasonal and nameless.The site does provide wildlife habitat,including summer range for the East Tehama Deer Herd. The topography is relatively level with an average elevation of approximately 4400 feet. ANALYSIS:This request is to amend the Butte County General Plan designation from Timber Mountain to Agricultural- Residential and change the zoning from TM-40 to TM-20 on a 20.62 acre portion of a 66.69 acre parcel. This amendment is one of several GPAs which will go forward to the Board together as one of the public initiated General Plan Amendments. The analysis of this request looks at two primary issues:compatibility with surrounding land uses and the Site Designation Criteria of the Agricultural Residential General Plan designation. Land Use Compatibility The proposal will not substantially alter the land use in the area. The project site is presently zoned TM-40 (Timber Mountain-40 acre min.) which allows residential uses. The site is designated by the Butte County General Plan as • Butte County Department of Development Services • Planning Division • . 1 a Timber Mountain. The applicant is seeking a General Plan Amendment to allow the conversion of proposed parcel one from Timber Mountain to Agricultural Residential;a Rezone to allow the conversion of proposed parcel one from TM-40 (Timber Mountain-40 acre minimum)to TM-20 (Timber Mountain-20 acre minimum);and a Tentative Parcel Map to create two parcels of 20.62 acres (parcel 1) and 45.06 acres (parcel 2). The requested actions will not result in a . substantial alteration of the present or planned land uses in the area because: 1. The surrounding area of Butte Meadows is developed with approximately 175 seasonal and permanent homestcabins,a small store,two bars,and a volunteer fire station. In 1991,a 29 lot subdivision was approved approximately 1000 feet west of the project site with an average density of one unit per 4.25 acres with a General Plan designation of Agricultural Residential and 1, 3, & 5 acre zoning. Overall, the general area consists of approximately 238 parcels of which the preponderance are less than 2 acres and residential in nature; and 2. The parcel currently has the potential for one homesite that would most likely be located on the southern 1/3 of the property because the northern 2/3 is without any significant usable sewage disposal area due to a large wet meadow. The net result of this project will not increase the residential density on the property because the proposed parcel 2 is not approved for sewage disposal per Environmental Health Division requirements which will leave only one buildable parcel for a net density of one unit per 66 acres. Overall,the applicant is only seeking a land use change for parcel 1 (20.62 ac.),which comprises only 30%of the entire 66.69 acre property and of which only 4.33 acres(21%) of the parcel will be developable ;and 3. The Butte County Planning Division is currently reviewing and updating the General Plan and Zoning Ordinance for possible designation changes to various areas of the County to better reflect the actual land uses. The Butte Meadows area as defined above (1) is being considered for changes that will more accurately reflect the present residential uses. It is not known at this time what specific designations will be called, but it is clear that the Timber Mountain designations are not appropriate for the residential and commercial land uses in the area. Site Designation Criteria The 20-acre portion of the project site meets the criteria for a General Plan designation of Agricultural-Residential. These criteria are: 1. Beyond service area of community water and sewer systems - The project site is not serviced by any community water or sewer systems and none are located in the project area. 2. Less than 30•%slope-The project site has a 0-10%slope range that will not pose any significant development impacts. 3. Adjacent or near to existing roads and public utilities-The project site has access from Humbolt Road and is serviced by PG&E power lines. 4. Not within floodplain or known active faults-The Butte County Seismic Safety Element does not indicate any faults in the area and the risk of ground rupture during a seismic event is remote. The southern 1/3 of the project site is crossed by two creeks that cause this area to be identified on the FEMA Flood Insurance Rate Map, Panel 00617-025B as being located in Flood Zone A. Water level records are not available for these creeks, however, records are available for Butte Creek for a period between 1961 and 1976 from the United States Geographical Survey(USGS)which utilized a gauging station at the juncture of Butte Creek and Bolt Creek. The USGS records indicate that during these years Butte Creek had a maximum flow of 4,290 cfs which is less than the Department of Public Works predicted 50 year flood event of 7,386 cls. It is difficult to predict the exact water levels on this site, but it is reasonable to assume that flood water levels on the project creeks roughly parallel those numbers found along Butte Creek,or are less considering the disparity of elevations that Butte County Department of Development Services z Planning Division Ar 2 means precipitation downstream may be rain while at this site it may fall as snow with little or no runoff. The series of storms in February-March of 1986 produced the highest stream flows on record throughout Butte County,but no substantial data exists for Butte Meadows. However, personal accounts of citizens familiar with the Butte Meadows area indicate that the 1986 storm did not significantly flood the project site. To reduce this potential hazard to a level of insignificance the applicant will be required to establish 100 year floodplain elevations and the lowest floor elevations for any structures. This information will also be required to show these elevations on the parcel map. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. 5. Past official actions - Parcels adjacent to the 20-acre portion are zoned TM-2 and TP-160. Other nearby parcels along Humbolt Road are zoned PUD(Lucas Ranch Subdivision,1-3 acre lots),TM-2,TM-5 and TM-10. A 29 lot subdivision was approved for one to five acre lots(HC,TM-2,TM-3,TM-5)approximately 1000 feet west of thejroect site. P Other issues or concerns Approval of this General Plan Amendment and Rezone will allow the applicant to submit an application for a parcel map to create a 20 acre parcel. The 20-acre parcel would be permitted to have one single-family dwelling and accessory buildings. No significant major environmental constraints have been identified for the site that cannot be fully mitigated. The County will have an opportunity to address any and all potentially significant, substantial, incremental, and cumulative impacts relating to development of the 20-acre parcel at the time of application submittal for a tentative parcel map. 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 was mailed to all property owners within a 300 foot radius of the subject property. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of Application No. GPA 96-03 and REZ 96-04, subject to the findings and conditionslisted in Exhibit A. Ar Butte County Department of Development Services Ar Planning Division 3 EXHIBIT A • BUTTE COUNTY PLANNING COMMISSION File#GPA 96-03&REZ 96-04 for Garland Hart on APN 060-070-027: A request to amend the Butte County General Plan designation from Timber Mountain to Agricultural-Residential and change the zoning designation from TM-40 to TM-20 on a 20 acre portion of a 66.69 acre parcel,located on the east side of Humboldt Road directly north of the Butte Meadows Volunteer Fire Station#11. 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. The design of the proposed project improvements will not cause environmental damage to fish or wildlife or their habitat;and C. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration prior to maldng 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 characteristics of the project site meet the criteria for inclusion into the requested General Plan designation of Agricultural-Residential; and B. 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 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. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, move to recommend that the Planning Commission recommend that the Board of Supervisors amend the General Plan designation of a 20-acre section of parcel of APN 060-070-027 from Timber Mountain to Agricultural-Residential, and adopt an Ordinance rezoning the same 20-acre portion from TM-40 to TM-20, subject to the conditions listed herein. B. 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. C. Conditions of Approval: None Ar Butte County Department of Development Services z Planning Division 4 AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Barry K. Hogan, Planning Manager BY: Stephen Lucas, Planner DATE: March 14, 1996 REQUEST: File#GPA 96-03&REZ 96-04 for Garland Hart on APN 060-070-027: A request to amend the Butte County General Plan designation from Timber Mountain to Agricultural-Residential and change the zoning designation from TM-40 to TM-20 on a 20.62 acre portion of a 66.69 acre parcel, located on the east side of Humboldt Road directly north of the Butte Meadows Volunteer Fire Station#11. This project is located in Supervisorial District 3. RELATED ITEMS: A two parcel Tentative Parcel Map has been applied for along with this request. FOR: Planning Commission Meeting of April 11, 1996 SUMMARY:The proposed general plan amendment and rezone are consistent with each other. Staff recommends that the Planning Commission recommend the Board of Supervisors approve this application during the scheduled Spring General Plan Amendment. PROJECT CHARACTERISTICS: The 66.69 acre parcelis presently without any significant improvements other than a small agricultural structure,fencing and cattle pens.The property is located in a rural mountainous setting in Butte Meadows,a small community straddling Humboldt Road with approximately 175 seasonal cabins,a small number of permanent residents, a small store,two bars,a CDF station and a volunteer fire station. Surrounding parcels range in size from 1 to 257 acres. Surrounding parcels are zoned TM-40 to the northeast and to the south, and TM-10 to the south and to the west. There is also TM-5 zoning located further to the northwest and southwest. In 1991, a 29 lot subdivision was approved approximately 1000 feet west of the project site with lot sizes of one to five acres. The Land Use Element of the Butte County General Plan designates surrounding parcels as Timber Mountain and Agricultural- Residential. The surrounding area is predominantly utilized for passive recreation and commercial timber harvesting and is owned by the Diamond International Corporation. The general area has been altered from its original natural condition by grazing activities,logging and other human occupation that resulted in the reduction of the number of plant and animal species that once occupied the project area. The project site is characterized by a large wet meadow on the northern 2/3 of the site and a mixed conifer-deciduous woodland with riparian habitat found along two creeks on the southern 1/3 of the site.The southern most year-round creek is identified as Mallory Creek,while the northern fork of this creek is seasonal and nameless.The site does provide wildlife habitat,including summer range for the East Tehama Deer Herd. The topography is relatively level with an average.elevation of approximately 4400 feet. ANALYSIS:This request is to amend the Butte County General Plan designation from Timber Mountain to Agricultural- Residential and change the zoning from TM-40 to TM-20 on a 20.62 acre portion of a 66.69 acre parcel. This amendment is one of several GPAs which will go forward to the Board together as one of the public initiated General Plan Amendments. The analysis of this request looks at two primary issues:compatibility with surrounding land uses and the Site Designation Criteria of the Agricultural Residential General Plan designation. Land Use Compatibility The proposal will not substantially alter the land use in the area. The project site is presently zoned TM-40 (Timber Mountain-40 acre min.)which allows residential uses. The site is designated by the Butte County General Plan as a Butte County Department of Development Services Ar Planning Division Ar 1 Timber Mountain. The applicant is seeking a General Plan Amendment to allow the conversion of proposed parcel one from Timber Mountain to Agricultural Residential;a Rezone to allow the conversion of proposed parcel one from TM-40 (Timber Mountain-40 acre minimum)to TM-20 (Timber Mountain-20 acre minimum);and a Tentative Parcel Map to create two parcels of 20.62 acres (parcel 1) and 45.06 acres (parcel 2). The requested actions will not result in a substantial alteration of the present or planned land uses in the area because: 1. The surrounding area of Butte Meadows is developed with approximately 175 seasonal and permanent homes/cabins,a small store,two bars,and a volunteer fire station. In 1991,a 29 lot subdivision was approved approximately 1000 feet west of the project site with an average density of one unit per 4.25 acres with a General Plan designation of Agricultural Residential and 1, 3, & 5 acre zoning. Overall, the general area consists of approximately 238 parcels of which the preponderance are less than 2 acres and residential in nature; and 2. The parcel currently has the potential for one homesite that would most likely be located on the southern 1/3 of the property because the northern 2/3 is without any significant usable sewage disposal area due to a large wet meadow. The net result of this project will not increase the residential density on the property because the proposed parcel 2 is not approved for sewage disposal per Environmental Health Division requirements which will leave only one buildable parcel for a net density of one unit per 66 acres. Overall,the applicant is only seeking a land use change for parcel 1 (20.62 ac.),which comprises only 30% of the entire 66.69 acre property and of which only 4.33 acres(21%) of the parcel will be developable ;and 3. The Butte CountyPlannin Division is currently Yreviewin and updating theGeneral Ian and Zoning Ordinance for possible designation changes to various areas of the County to better reflect the actual land uses. The Butte Meadows area as defined above (1) is being considered for changes that will more accurately reflect the present residential uses. It is not known at this time what specific designations will be called, but it is clear that the Timber Mountain designations are not appropriate for the residential and commercial land uses in the area. Site Designation Criteria The 20-acre portion of the project site meets the criteria for a General Plan designation of Agricultural-Residential. These criteria are: 1. Beyond service area of community water and sewer systems - The project site is not serviced by any community water or sewer systems and none are located in the project area. 2. Less than 300A slope-The project site has a 0-10%slope range that will not pose any significant development impacts. 3. Adjacent or near to existing roads and public utilities-The project site has access from Humbolt Road and is serviced by PG&E power lines. 4. Notwrthin floodplain or known active faults-The Butte County Seismic Safety Element does not indicate any faults in the area and the risk of ground rupture during a seismic event is remote. The southern 1/3 of the project site is crossed by two creeks that cause this area to be identified on the FEMA Flood Insurance Rate Map, Panel 00617-0256 as being located in Flood Zone A. Water level records are not available for these creeks, however, records are available for Butte Creek for a period between 1961 and 1976 from the United States Geographical Survey(USGS)which utilized a gauging station at the juncture of Butte Creek and Bolt Creek. The USGS records indicate that during these years Butte Creek had a maximum flow of 4,290 cfs which is less than the Department of Public Works predicted 50 year flood event of 7,386 cfs. It is difficult to predict the exact water levels on this site, but it is reasonable to assume that flood water levels on the project creeks roughly parallel those numbers found along Butte Creek,or are less considering the disparity of elevations that Ar Butte County Department of Development Services Ar Planning Division Ar 2 means precipitation downstream may be rain while at this site it may fall as snow with little or no runoff. The series of storms in February-March of 1986 produced the highest stream flows on record throughout Butte County,but no substantial data ebsts for Butte Meadows. However, personal accounts of citizens familiar with the Butte Meadows area indicate that the 1986 storm did not significantly flood the project site. To reduce this potential hazard to a level of insignificance the applicant will be required to establish 100 year floodplain elevations and the lowest floor elevations for any structures. This information will also be required to show these elevations on the parcel map. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. 5. Past official actions - Parcels adjacent to the 20-acre portion are zoned TM-2 and TP-160. Other nearby parcels along Humbolt Road are zoned PUD(Lucas Ranch Subdivision,1-3 acre lots),TM-2,TM-5 and TMA 0. A 29 lot subdivision was approved for one to five acre lots(HC,TM-2,TM-3,TM-5)approximately 1000 feet west of the project site. Other issues or concerns Approval of this General Plan Amendment and Rezone will allow the applicant to submit an application for a parcel map to create a 20 acre parcel. The 20-acre parcel would be permitted to have one single-family dwelling and accessory buildings. No significant major environmental constraints have been identified for the site that cannot be fully mitigated. The County will have an opportunity to address any and all potentially significant, substantial, incremental, and cumulative impacts relating to development of the 20-acre parcel at the time of application submittal for a tentative parcel map. 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 n9was published in a local newspaper and was mailed to all propertyowners within a 300 foot radius of the subject property. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of Application No.GPA 96-03 and REZ 96-04, subject to the findings and conditions listed in Exhibit A. Ar Butte County Department of Development Services mr Planning Division 3 EXHIBIT A BUTTE COUNTY PLANNING COMMISSION File#GPA 96-03&REZ 96-04 for Garland Hart on APN 060-070-027: A request to amend the Butte County General Plan designation from Timber Mountain to Agricultural-Residential and change the zoning designation from TM-40 to TM-20 on a 20 acre portion of a 66.69 acre parcel,located on the east side of Humboldt Road directly north of the Butte Meadows Volunteer Fire Station#11. 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. The design of the proposed project improvements will not cause environmental damage to fish or wildlife or their habitat; and C. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration prior to malting 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 characteristics of the project site meet the criteria for inclusion into the requested General Plan designation of Agricultural-Residential;and B. 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 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. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, move to recommend that the Planning Commission recommend that the Board of Supervisors amend the General Plan designation of a 20-acre section of parcel of APN 060-070-027 from Timber Mountain to Agricultural-Residential, and adopt an Ordinance rezoning the same 20-acre portion from TM-40 to TM-20, subject to the conditions listed herein. B. 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. C. Conditions of Approval: None Ar Butte County Department of Development Services Ar Planning Division 4 Vicinity Map Tehama Count _ Butt C my ut M ow Project Location 0 � a m moa t 6JF �J �o oma v ' o a� \ GP e6-03 -04 AP#060-070-027 Vv TPZ-160 Q TM-40 M-5 ddrill ne m 3 Hum o M 2 U Project Location TPZ-160 U BUTTE COUNTY PLANNING COMMISSION Applicant: Garland Hart Owner: Same Hearing Date: April 11, 1996 @ 9:00am Existing Zone: TM-40(Timber Mountain 40ac. min.) A 1 Request: General Plan Amendment from Timber Mountain to Agricultural Residential and No Scale Rezone from TM-40 to TM-20. Assessor Parcel No: 060-070-027 File: 96-03 - .� LAND OF NATURAL WEALTH AND BEAU i PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE.CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 • FAX: (9161538-7785 DATE: _ 17- 94 FAX PHONE NUMBER: 9q4- So 43 ATTENTION• CS L'. C_ G,*,e L AM c-, yg R-T MESSAGE: /�LFioStc'' �ZE��Ew 2.Ev��Eo /ti�Tyfr-neer Eoi2 �iJ�T L�°,�/2�Z_ rvu QV6 r7;.onv s eq rr C,d c.t-. 1 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND A. Applicant and/or Project Name: Garland Hart-General Plan Amendment, Rezone and Tentative Parcel Map. B. Project No. (If applicable) and AP No.: GPA#96-03, REZ#96-04, TPM#96-07 on APN 060-070-027. C. Address of Applicant and Representative (if applicable): Garland Hart, POB 3320, Chico, CA 95927. L&L Surveying, POB 671, Paradise, CA 95967 D. Project Description and Location: The project to be reviewed consists of three parts: a General Plan Amendment to allow the conversion of proposed parcel one from Timber Mountain to Agricultural Residential;a Rezone to allow the conversion of proposed parcel one from TM-40 (Timber Mountain-40 acre minimum) to TM-20 (Timber Mountain-20 acre minimum); and a Tentative Parcel Map to create to two parcels of 20.62 acres(parcel 1) and 45.06 acres (parcel 2). The 66.69 acre parcel is located on the east side of Humbolt Road directly north of the Butte Meadows Volunteer Fire Station#11 and approximately one mile east of the intersection of Humbolt Road and Skyway. The parcel,at present is without any significant improvements other than a small agricultural structure,fencing and cattle pens. The parcel currently has the potential for one homesite that would most likely be located on the southern 1/3 of the property because the northern 2/3 is without any significant usable sewage disposal area due to a large wet meadow. The net result of this project will not increase the residential density on the property because the proposed parcel 2 will not be permitted to be developed leaving only one buildable parcel. The property is located in a rural mountainous setting in an area defined as Butte Meadows, a small community straddling Humbolt Road with approximately 175 seasonal cabins,a small number of permanent residents, a small store,two bars and a volunteer fire station. In 1991, a 29 lot subdivision was approved approximately 1000 feet west of the project site. The surrounding area is predominantly utilized for commercial timber harvesting and is owned by the Diamond International Corporation. The project area has been altered from its original natural condition by grazing activities, logging and other human occupation that resulted in the reduction of the number of plant and animal species that once occupied the project area. The project site is characterized by a large wet meadow on the northern 213 of the site and a mixed conifer-deciduous woodland with riparian habitat found along two creeks on the southern 1/3 of the site.The southern most year-round creek is identified as Mallory Creek,while the northern fork of this creek is seasonal and nameless.The site does provide wildlife habitat,including summer range for the East Tehama Deer Herd. The topography is relatively level with an average elevation of approximately 4400 feet. Additional project description and area description can be found in the data sheet at the end of this document. II. EVALUATION OF ENVIRONMENTAL IMPACTS 1. Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? Yes No X Maybe _ ■ Butte County Development Services Department Planning Division ■ 1 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 Response: The project as submitted has the possibility for only one residential structure and will not affect subsurface earth conditions because no significant earthmoving or use of explosives will occur and no active fault zones are located within the project area. Any fill placed on site for road or homesite construction will have to meet the requirements of Chapter 70 of the Uniform Buildng Code and will be compacted to accepted engineering standards and will not represent a hazard. Mitigation: None required. b. Disruptions,displacements, compaction or overcovering of the soil? Yes No X Maybe _ Response: The project as submitted may result in some disruption, compaction and overcovering of the site from the development of structures, driveways, and other improvements associated with one single family dwelling. However, because approximately 700A of the site will be undevelopable due to the large wet meadow and two creeks and parcel sites are in excess of 20 acres without any significant slopes, any development that might occur is unlikely to create any significant disrupdon of the site. Home construction, driveways and accessory uses are estimated to cover only.01%of the site based on 8000 sq. ft of impervious surfacing.Any grading associated with residential construction will also be subject to the requirements of Chapter 70 of the Uniform Building Code. While the proposed Agricultural Residential General Plan designation does allow for the creation of smaller parcels, the proposed TM-20 zoning would not. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site. Based on this information, the project will not result in significant soil impacts. Mitigation: None required. c. Substantial change in topography or ground surface relief features? Yes _No X Maybe Response: The project as submitted will not require substantial modifications to the existing topography to accommodate site development because the topography is nearly level, slopes on the site do not exceed 10'0, and no significant surface relief features are located on the site. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site. Mitigation: None required. d- The destruction, covering or modification of any unique geologic or physical features? Yes No X Maybe Response: The site has no unique geologic or physical features that will be impacted by the proposed land division. A wet meadow and two creeks are found on the site, but will not be impacted because mitigations found in Section 5d and 16d of this document will prohibit any development within 100 ft of the creeks and prohibit development in the wet meadow area altogether. All future attempts to further divide the land will be subject to these same restrictions. Mitigation: None required. e. Any substantial increase in wind or water erosion of soils,either on or off-site? Yes No X Maybe Response: As discussed in items 1b,c, & d, the property is without any significant development potential due to the physical constraints found on the property and the large lot sizes. Because of these constraints, the limited amount of soils exposure and impervious surfacing(01%of ihe-site)is not expected to generate an inordinate or substantial amount of runoff that would result in any significant erosion either on or off-site. Mitigation: None required. f. Changes in deposition or erosion of beach sands,or changes in siltation,deposition or erosion which may modify the channel of a river or stream or the bed of any lake? Yes No X Maybe — ■ Butte County Development Services Department Ar Planning Division ■ 2 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 Response: The southern portion of the project site is crossed by two creeks. The proposed land division and anticipated residential development is not expected to impact the functionality of this drainage because of the large lot size(20 ac.) and the lack of any substantial slopes as discussed in items 1a-e above. Additionally, standard erosion control techniques will be utilized to further reduce the possibility of erosion to a level of insignificance and the project will be subject to conditions restricting any development within 100 feet of the creeks. Any future attempts to rezone or divide Me land further will require a"onal environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. g. - Loss of prime agriculturally productive soils outside designated urban areas? Yes No X Maybe Response: This project site does not contain prime agricultural soils. Mitigation: None required. h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud-slides,ground failure, or similar hazards? Yes No X Maybe Response: The Butte County Seismic Safety Element does not indicate any faults in the area and the risk of ground rupture during a seismic event is remote. However, all of Butte County is in a Moderate Earthquake Intensity Zone Vlll ! and the potential for ground shaking is possible. Construction of buildings to Uniform Building Code standards will provide adequate protection to occupants in case of seismic activity. Mobile homes are required to be anchored to the foundation throughout California in accordance with Section 18613 of the Health and Safety Code. As discussed in items 1 a-f above, the property is without any significant slopes that may result in earth related hazards. Mitigation: None required. 2.Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? Yes No X Maybe _ Response: The project as proposed has the potential to result in only one residential homesite that will result in a cumulative impact on air quality created by the increased traffic generated and the use of wood burning devices. The California Air Resources Board has identified Butte County as a Non-attainment Area in meeting the standards of the California Air Quality Act. 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. Because of the remote location of this parcel and its likely use as a weekend recreation home or vacation home the anticipated traffic is insignificant and will not cause substantial air quality impacts. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. b. The creation of objectionable odors? Yes No X Maybe Response: The proposal will not create objectionable odors, smoke or fumes beyond what is customary and expected from residential uses utilizing woodburning heating devices. Mitigation: None required. c. Alteration of air movement, moisture,temperature,or any change in climate,whether locally or regionally? Yes No X Maybe ■ Butte County Development Services Department Ar Planning Division ■ 3 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 Response: The proposal will not 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 affect local or regional climates. Mitigation: None required. 3.Water. Will the proposal result in: a. Substantial changes in currents, or the course,or direction of water movements;in fresh waters? Yes No X Maybe Response: The project area is crossed by two creeks that flow into Butte Creek approximately 800 feet to the west of this site on the west side of Humbolt Road. The project will not significantly affect the the direction and movement of the creeks or create excessive run-off or redirect any drainage on site because as discussed in items la-f, the land is without any substantial slopes in the area of the creeks, the parcel is 20 acres in size, and impervious surfacing will be limited to improvements associated with the creation of one additional homesite which will result in only minor increases in run- off`. Total lot coverage of impervious surfacing will amount to less than.01%of the parcel. These improvements will not significantly impact the water carrying ability of the creeks. Additionally, the project will be restricted from encroaching on the creeks by mitigations found in item 5d. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. b. Substantial changes in absorption rates.,drainage patterns,or the rate and amount of surface runoff on-site or into any water body? Yes No X Maybe Response: See response in item 3a. Mitigation: None required. c. Need for off-site surface drainage improvements,including vegetation removal, channelization or culvert installation? Yes No X Maybe Response: See response in item 3a. Mitigation: None required. d. Alternations to the course or flow of flood waters? Yes No X Maybe Response: The southern 113 of the project site is crossed by two creeks that cause this area to be identified on the FEMA Flood Insurance Rate Map, Panel 00617-0258 as being located in Flood Zone A. The proposed project will not substantially alter the course or flow of flood waters because of the large lot sizes (20+acres), the limited density of homesites that will be permitted and the restricted 100 foot setback from the creeks as identified in item 5d. The project as proposed for one homesite will not significantly impair the ability of these creeks to cant'flood waters because of the factors discussed here and in items 1 a-f and 3a. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. e. Discharge into surface waters,or in any alteration or surface water quality, including, but not limited to,temperature, dissolved oxygen or turbidity? Yes No X Maybe Response: The proposal for a residential use will neither discharge pollutants into surface creeks nor alter the quality of the water.As discussed in items 1 a-f and 3a,this project will not create significant erosion due to the large parcel sizes ■ Butte County Development Services Department AF Planning Division ■ 4 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 and the lack of slopes on-site. Stormwater contamination from the residential use of pesticides, herbicides, petroleum products, and other pollutants could result from development of the property. However, the use of these products in accordance with manufacturers guidelines on 20+ acre lots is not expected to cause any significant impacts to the watershed. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. f. Alteration of the direction or rate of flow of ground waters? Yes No X Maybe Response: The proposed land use change, land division and anticipated residential development will not result in the cumulative reduction of ground water supplies in the immediate area because the project will only create the potential for one homesite that will not withdraw substantial quantities of ground water. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. h. Change in the quantity of ground waters, either through direct additions or withdrawals,or through interception of an aquifer by cuts or excavations? Yes No X Maybe Response:See response in 3f. Mitigation: None required. 1. Substantial reduction in the amount of water otherwise available for public water supplies? Yes No X Maybe Response: A substantial reduction in public water supplies will not occur as a result of project approval because there wll be only one additional homesite created and there is abundant ground water in the area. Mitigation: None required. j. Exposure of people or property to water related hazards such as flooding? Yes No .X Maybe _ Response: As discussed in item 3d, the southern 113 of the project site is crossed by two creeks that cause this area to be identified on the FEMA Flood Insurance Rate Map, Panel 00617-025B as being located in Flood Zone A. The proposed project will not substantially alter the course or flow of flood waters because of the large lot sizes(20+acres), the limited density of homesites that will be permitted and the restricted 100 foot setback from the creeks as identified in item 5d. However,because the southern portion of the property is potentially in a 100 year floodplain and this is the area most likely to be utilized for a homesite, a large flood event could expose both people and property to this hazard. Water level records are not available for these creeks, however, records are available for Butte Creek for a period between 1961 and 1976 from the United States Geographical Survey(USGS) which utilized a gauging. The USGS records indicate that during these years that Butte Creek had a maximum flow of 4,290 cfs which is less than the Department of Public Works predicted 50 year flood event of 7,386 cfs. it is difficult to predict the exact water levels on this site,but it is reasonable to assume that flood water levels on the project creeks roughly parallel those numbers found along Butte Creek,or are less considering the disparity of elevations that means precipitation downstream may be rain while at this site it may fall as snow with Tittle or no runoff'. The series of storms in February-March of 1986 produced the highest stream flows or record throughout Butte County, but no substantial data exists for Butte Meadows. However, personal accounts of citizens familiar with the Butte Meadows area indicate that the 1986 storm did not significantly flood the project site. ■ Butte County Development Services Department Ar Planning Division ■ 5 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 To reduce this potential hazard to a level of insignificance the applicant will be required to establish 100 year floodplain elevations and the lowest floor elevations for any structures. This information will also be required to show these elevations on the parcel map. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. MITIGATION#1: Establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the additional map sheet the elevations (by contours)and the location of an accepted NVGD benchmark, place a temporary benchmark on-site and identify the 100 year floodplain on the additional map sheet. 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any native species of plants(including trees,shrubs,grass, crops and aquatic plants)? Yes No X Maybe — Response: The project site is characterized by a mixed coniferous forest on parcel 2 (approx. 9 ac.)and along the perimeter of parcel 1 (approx. 2 ac.), riparian vegetation along the creeks on parcel 1 (approx. 11ac.), and a large wet meadow on parcel 2(approx. 44 ac.). Approximately 93%of the site will not be developed due to the environmental constraints posed by the riparian areas and the wet meadow. In the remaining 7% 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 mitigations found in item 5 will prohibit encroachment into sensitive environmental areas of the site. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. b. Reduction of the numbers of any unique, rare or endangered species of plants? Yes No X Maybe Response: The area proposed for this project does not contain any unique, rare or endangered plant species therefore no reductions in these species will occur. Mitigation: None required. c. Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Yes X No Maybe _ Response: Approval of this request may result in the introduction of plant species used for residential landscaping. Because the non-native vegetation is not expected to be extensive and approximately 93%of the site will be prohibited from development,the impacts will not be significant.Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. d. Substantial reduction in acreage of any agricultural crop? Yes No X Maybe Response: The project site does not contain any agricultural crops and is presently designated for residential and timber management uses. Timber can be considered a renewable agricultural crop, but the project site has been long used as grazing and open space area and is without any substantial timber that could be harvested commercially. Mitigation: None required. 5. Animal Life. Will the proposal result in: ■ Butte County Development Services Department m Planning Division ■ 6 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 a. Change in the diversity of species or numbers of any species of animals(birds, land animals, reptiles,fish,shellfish, benthic organisms or insects)? Yes No X Maybe Response: The area is seasonal habitat for the East Tehama Deer Herd and a variety of small animals and birds, however,a substantial change in animal diversity is not expected because of the large lot sizes(20+ac.), the creation of only one homesite, and mitigation measures found in item 4d that will prohibit the encroachment into sensitive environmental areas that make 93.1 of the site unusable. The project may result in the introduction of domestic pets into the area which could have an impact on the diversity of animal life. This should not have an impact on the diversity of wildlife because the lots created will be large and only one new homesite will be created. Any future attempts to rezone or dMde the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. b. Reduction of the numbers of any unique, rare or endangered species of animals? Yes No X Maybe Response: The project site does not contain habitat that would support rare and endangered species. Mitigation: None required. c. Introduction of new species of animals into an area, or in a barrier to the migration or movement of animals? Yes No X Maybe _ Response: This proposal may involve the introduction of pets or other animals into the area. Although domestic animals ` represent a threat to deer habitat,it will not result in a substantial change in species representation. Mitigation: None required. d. Deterioration to existing fish or wildlife habitat? Yes No Maybe X Response: The project site contains a mixed coniferous forest on parcel 2(approx. 9 ac.)and along the perimeter of parcel 1 (approx. 2 ac.),riparian vegetation along the creeks on parcel l (approx. 11 aa), and a large wet meadow on parcel 2(approx.44 ac.). These areas contain extensive fish or wildlife habitat that have the potential to be impacted by Me project The areas of the wet meadow and the creeks represent approximately 93%of the site and are not suitable for development. In order to protect this habitat from human encroachment, a 100 ff..No Disturbance Setback will be enforced along both creeks and the wet meadow. The project is located within the critical summer range of the East Tehama deer herd. The California Department of Fish& Game does not consider the summer range to be significantly impacted by development at this time and no mitigations are necessary at this time. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. MITIGATION#2: Show on the map a 100 ft.No Disturbance Setback along Mallory Creek,the unnamed tributary creek located on parcel 1 and the wet meadow on parcel 2. MITIGATION#3: Place a note on a'separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;"Structures,dumping,fill material,vegetation removal and/or excavation shall not be allowed within the 100 ft. No Disturbance Setbacks as depicted on the final map. The 100 ft. No Disturbance Setback shall be measured from the top of bank or the outer edge of riparian/wetiand vegetation along both creeks and the wet meadow,whichever is greater. Any alterations to these No Disturbance Setbacks shall be approved by the Department of Fish&Game and the Planning Division" ■ Butte County Development Services Department m Planning Division ■ 7 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 6. Noise. Will the proposal result in: a. Substantial increases in existing noise levels? Yes No X Maybe Response: The proposed project will not result in a substantial increase in noise created on-site or in the vicinity because residential uses do not customarily create high levels of noise. Mitigation: None required. b. Exposure of people to severe noise levels? Yes No. X Maybe Response: The project site is located in an area of rural residential uses away from customary sources of significant noise. However, the specific site is located directly next to the Butte Meadows Volunteer Fire Department and may be subjected to occasional high levels of noise generated by emergency response vehicles. These episodes are not numerous and last for only a few minutes before the vehicles are out of the area and the noise levels are no longer significant. The site is also located in an area that may be subject to logging activity and associated noise generated by this use. Logging activities are permitted in this area and while noise is generated, it is not anticipated to be at severe levels. Overall, the proposal will not expose people to severe noise levels. Mitigation: None required. 7. Light and Glare. Will the proposal produce substantial new light or glare. Yes No X Maybe _ Response: The proposal will not result in a substantial increase in light or glare created on site or in the vicinity because the anticipated residential development does not require or customarily utilize intensive lighfing. Mitigation: None required. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of the area? Yes No X Maybe Response: The proposal will not substantially alter the land use in the area. The project site is presently zoned TM-40 (Timber Mountain-40 acre min.)which allows residential uses. The site is designated by the Butte County General Plan as Timber Mountain. The applicant is seeking a General Plan Amendment to allow the conversion of proposed parcel one from Timber Mountain to Agricultural Residential,a Rezone to allow the conversion of proposed parcel one from TM- 40(Timber Mountain-40 acre minimum)to-TM--20(Timber Mountain-20 acre minimum);and a Tentative Parcel Map to create two parcels of 20.62 acres (parcel 1) and 45.06 acres (parcel 2). The requested actions will not result in a substantial alteration of the present or planned land uses in the area because: 1. The surrounding area defined as Butte Meadows, is a small community straddling Humbolt Road for a distance of approximately 2 miles on either direction of the project site. This area is developed with approximately 175 seasonal and permanent homes/cabins,a small store,two bars, a volunteer fire station and in 1991, a 29 lot subdivision was approved approximately 1000 feet west of the project site with an average density of one unit per 4.25 acres with a General Plan designation of Agricultural Residential and 1, 3, &5 acre zoning. Overall, the general area consists of approximately 238 parcels of which the preponderance are less than 2 acres and residential in nature;and 2. The parcel currently has the potential for one homesite that would most likely be located on the southern 113 of the property because the northern 2/3 is without any significant usable sewage disposal area due to a large wet meadow. The net result of this project will not increase the residential density on the property because the proposed parcel 2 is not be approved for sewage disposal per Environmental Health Division requirements which will leave only one buildable parcel for a net density of one unit per 66 acres. Overall, the applicant is only seeking a land use ■ Butte County Development Services Department s Planning Division ■ 8 Garland Hart-GPA 96-03 _ REZ 96-04 TPM 96-07 change for parcel 1(20.62 ac.), which comprises only 30.0 of the entire 66.69 acre property and of which only 4.33 acres(21%)of the parcel will be developable;and 3. The Butte County Planning Division is currently reviewing and updating the General Plan and Zoning Ordinance for possible designation changes to various areas of the County to better reflect the actual land uses. The Butte Meadows area as defined above(1)is being considered for changes that will more accurately reflect the present residential uses. It is not known at this time what specific designations will be called, but it is clear that the Timber Mountain designations are not appropriate for the residential and commercial land uses in the area. Any future attempts to rezone or divide the land further will require addtional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. 9. Natural Resources. Will the proposal result in: a. Substantial increase in the rate of use of any natural resource? Yes No X Maybe Response: The project as proposed will allow for the construction of one residential unit at rural densities. The use of natural resources will be limited to those products needed to construct the home and the energy to heat, cool, and light Me home. Much of the electricity used in Butte County is generated by hydroelectric power plants and is considered a renewable source of energy. The wood used in the construction of the home is also considered a renewable resource. The proposal for one additional residential unit will not significantly affect any natural resources. Mitigation: None required. b. Substantial depletion of any non-renewable natural resource? Yes No X Maybe Response: See discussion in item 9a. Mitigation: None required. 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances(including, but not limited to,oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Yes No X Maybe — Response: The proposal will not involve the use of hazardous materials other than those materials designed for residential use, nor is located close to any facilities which store or utilize such materials. The residential use of herbicides, pesticides, and fertilizers is not expected to create any significant risks when used in compliance with manufacturers standards. Continuing education of the public regarding the proper use and deposal of household chemicals also helps to eliminate local contamination. Mitigation: None required. b. Possible interference with an emergency response plan or an emergency evacuation plan? Yes No X Maybe Response: The proposal for one residential unit will not significantly affect emergency services planning. At present there is not an adopted emergency response plan or evacuation plan for this area. Mitigation: None required. 11. Population. Will the proposal alter the location,distribution,density,or growth rate of the human population of an area? Yes No X Maybe ■ Butte County Development Services Department Ar Planning Division ■ 9 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 Response: As indicated in the discussion of item 8, the proposed residential lot division and land use change will not alter local population density because the project site is planned for the possibility of rural residential densities/uses in the general plan and the area is being developed for these purposes. Mitigation: None required. .12. Housing. Will the proposal affect ebsting housing or create a demand for additional housing? Yes No X Maybe Response: The proposal will not affect housing demand because the project will create new homesites. Mitigation:- None required. 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? Yes No X Maybe Response: The proposal will represent an incremental increase in traffic in the area. Because of the remote location of this parcel and its likely use as a weekend recreation home or vacation home, the anticipated traffic is insignificant and will not cause substantial circulation impacts. The proposal for one homesite has the potential to generate approximately 5 vehicle trips per day,this number of tips is not expected to significantly impact the local circulation system. Any future attempts to rezone or divide the land further will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Mitigation: None required. b. Effects on existing parking facilities or demand for new parking? Yes No X Maybe Response: The proposal for one residential unit on a 20+acre lot will not create a demand for new parking or other parking related improvements on-site. The proposal will also be required to comply with the parking standards contained within Butte County Code Section 2435. Mitigation: None required. c. Substantial impact upon existing transportation systems,including public transportation services? Yes No X Maybe Response: This proposal will not substantially impact existing transportation systems because the rural residents are not expected to utilize public transportation and the number of expected residents associated with the project is small. See additional discussion in item 13a. Mitigation: None required. d. Significant alterations to present patterns of circulation or movement of people and/or goods? Yes No X Maybe Response:See items 13a,b,c. Mitigation: None required. e. Alterations to waterbome, rail or air traffic? Yes No X Maybe Reponse: The proposal will not affect waterbome, rail or air traffic because the project is not located near,nor will it utilize any such facilities. Mitigation: None required. f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Yes No X Maybe ■ Butte County Development Services Department Ar Planning Division ■ 10 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 Response: This project will not result in an increase in traffic related hazards to motor vehicles, bicyclists, or pedestrians because the level of use indicated in the discussion in items 13a-d. Mitigation: None required. 14. Public Services. Will the proposal have substantial effect upon or result in a need for new or altered governmental services in any of the following areas: a. Fire Protection? Yes No Maybe X Response: The project site is located in an area designated as a high fire hazard area, but is located directly next to Butte Meadows Volunteer Fire Station#10 and approximately 2 miles from Butte County/CDF station#11. The fire hazard in this forested 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/California Department of Forestry has indicated that cumulative development in rural areas will impact their ability to provide fire protection services. They have stated that the installation of automatic fire suppression sprinkler systems in residential structures, the use of fire resistant building materials and the availability of water supply systems will reduce the demand for fire protection services. As a condition of project approval all new structures must meet the Fire Safe Regulations of Butte County and Public Resources Code 4290. This requires a property owner to maintain a cleared space of 30 ft. around all structures. The parcels created under the TM-20 zoning are subject to a 25 ft. building setback along the side property lines and 50 ft. setback along the rear property line. This does not ensure 30 ft. of cleared area around all structures. To allow for the required fire clearance, the side yard setback will be required to be a minimum of 30 ft. MITIGATION#4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D unless a pressurized community water system with hydrants serves the parcel." MITIGATION#5: Show on the map a 30 ft.building setback line along the side yards of all parcels and place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "To ensure the mandated fire clearance established in the County, a minimum building setback line of 30 ft. is required along all side yard property boundaries." b. Police protection? Yes No X Maybe Response: The proposal will cause an incremental increase in demand for police protection services. The cumulative impacts of increased development in rural areas impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. As a condition of project 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 additional map sheet stating that, "A development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3,Article II 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. Mitigation: None required. c. Schools? Yes No X Maybe Response: The proposal will result in an incremental demand for school facilities in the area. As a condition of project approval, the applicant will be required to place a note on a separate document which is to be recorded concurrently with ■ Butte County Development Services Department Ar Planning Division ■ 11 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 the map or on an additional map sheet stating that, "A development impact fee for school facilities shall be paid prior to issuance of building.permits. Said fee amount will be determined and calculated as of the date of application for the building permits" While the school district maintains that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees by the State Legislature. Mitigation: None required. d'. Parks or other recreational facilities? Yes No X Maybe Response: The proposal will not result in an increase in demand for park and recreation facilities in the area. Mitigation: None required. e. Maintenance of public facilities including roads? Yes No X.- Maybe Response: The proposal will result in an incremental increase in the need for maintenance of roads and other public facilities in the area that is not considered significant. Mitigation: None required. f. Other governmental services? Yes No X Maybe Response: The proposal will result in an incremental increase in demand for all other govemmental services in the area that is not considered significant. Mitigation: None required. 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? Yes No X Maybe Response: The proposal will not utilize substantial fuel or energy. For the short tern, the use of energy will be limited to that fuel needed to operate the machinery needed to prepare the site and construct a home. For the long term, energy will be required to heat, cool and light the homes. The project will not create a strain on existing energy supplies in the county because a significant portion of the electricity needs in Butte County are generated by hydro-elechic plants which is considered a renewable source of energy. Mitigation: None required. b. Substantial increase in demand upon existing sources of energy or require the development of new sources of energy? Yes No X Maybe Response: The project is an area presently served by Pacific Gas&Electric, which forecasts energy consumption in their service area and provides facilities planning. The proposal will not substantially increase the demand for energy because PG&E has adequate resources for the generation of electricity. Mitigation: None required. 16. Utilities. Will the proposal result in a need for new systems or substantial alterations to the following utilities: a. Power or natural gas? Yes No X Maybe Response: See response in item 15b. Mitigation: None required. ■ Butte County Development Services Department Planning Division ■ 12 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 b. Communication systems? Yes No X Maybe Response: Pacific Telesis presently has distribution lines in the area and can serve the communications needs of this project without any substantial alteration to existing facilities. The cost of extending new service lines to individual homes may be borne by the new residents. Mitigation: None required. c. Water? Yes No X Maybe Response: The proposal will not affect public water systems because the proposal will utilize private wells. Mitigation: None required. d. Sewer or septic tanks? Yes No x Maybe Response: This project will not require or impact any sewer system because the project will utilize private septic systems. The Environmental Health Division will require the applicant to submit septic system plans to the EHD for review and approval. Mitigation: None required. c. Storm water drainage Yes No X Maybe Response: See response in item 3b. Mitigation: None required. d. Solid waste and disposal? Yes No X Maybe Response: Currently,the Butte County Landfill has the capacity to serve the proposed project. There is no mandatory garbage collection required in rural areas of the county. Some residents may choose to transport their own refuse to the landfill. Mitigation: None required. 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? Yes No X Maybe Response: The proposal will not create any health hazard. Mitigation: None required. . b. Exposure of people to potential health hazards? Yes No X Maybe Response: The proposed rural residential land use continues a trend to develop lands located in the foothill environment. These foothill areas are recognized by the Department of Fish& Game and the State Legislature as being prime habitat for mountain lions. An increased human presence in these areas exposes property owners to potential mountain lion confrontations and/or attacks. Incidents of mountain lion sightings, confrontations and attacks have been well documented throughout the foothill and mountainous regions along the Sierra Nevada and a state wide ballot measure is presently proposed to allow sport hunting of mountain lions as a method of population control. At this time no regulations or guidelines exist for mountain lion control or avoidance. Mitigation: None required. ■ Butte County Development Services Department Ar Planning Division ■ 13 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public or will the proposal result in the creation of an aesthetically.offensive site open to public view? Yes No X Maybe Response: The proposal will utilize undeveloped foothill land for the purpose of building residential units. The i subsequent clearing and building will permanently alter the present viewshed. However, the project is not considered to be offensive or out of character with surrounding land uses. To ensure that the natural viewshed is protected to the extent feasible, the property owners will be required to limit vegetation removal to that what is necessary for the construction of a homesite by placing a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that,'The removal of vegetation shall be limited to what is necessary for the creation of a homesite, roads, accessory buildings, and to meet fire safety regulations."). MITIGATION#6: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;'The removal of vegetation shall be limited to what is necessary for the creation of a homesite, roads,accessory buildings,and to meet fire safety regulations." 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Yes No X Maybe Response: The proposal will not significantly impact existing recreational opportunities in the area because the project site is private property and abundant public lands are located within 2 miles of the project site. Mitigation: None required. 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Yes No Maybe X Response: The project site is located in a general area characterized as being of high potential archeological sensitivity. A review of archeological reports previously done in this area show a limited number of archeological sites were identified. Because approximately 930A of the site is undevelopable due to physical constraints and was utilized for cattle grazing activities, the potential for significant disruptions of archeological sites is minimal and does not warrant an advanced survey of the site. However, during development of the site archeological sites may be discovered requiring the following mitigation. MITIGATION#7: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "During site development, should any archeological artifacts be discovered,the Planning Division shall be notified immediately,and all work shall cease until a qualified, professional archeologist has examined the artifacts and the site and submitted findings to the Planning Division,and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division:' b. Will the proposal result in adverse physical or aesthetic effects to the prehistoric or historic building,structure or object? Yes No X Maybe Response: The site has no sign ficaW historic or prehistoric structures or items that would be disturbed by the proposed project As discussed in item 20a above, any items found will require additional scrutiny. Mitigation: None required. ■ Butte County Development Services Department ff Planning Division ■ 14 I Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Yes No X Maybe Response: The project will not result in any significant changes to the site that affect cultural values. Wgation: None required. d. Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes No X Maybe Response: The proposed project will not impact any existing religious or sacred uses in the area. Mitigation: None required.O ■ Butte County Development Services Department AF Planning Division ■ 15 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 111. MANDATORY FINDINGS OF SIGNIFICANCE. 1. 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 or eliminate important examples of the major periods of California history or prehistory? Yes No Maybe X Response: As discussed in Section ll,items 1 &5 of this document,this project has the potential to significantly degrade the quality of the environment. However,mitigations and conditions imposed on the project will reduce these impacts to a level of insignificance. 2. Does the project have the potential to achieve short-term,to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief,definitive period of time while long- term impacts will endure will into the future.) Yes No X Maybe Response: The project,as discussed in Section II of this Initial Study,will not result in short-term benefits at the expense of impacting long-term environmental goals. 3. Does the project have impacts which are individually limited, but cumulatively considerable? (A projects impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Yes No Maybe X Response: This project,as discussed in Section II, items 1,4,5,&14 of this Initial Study,may have a significant cumulative impact on the environment. However,mitigations and conditions imposed on the project will reduce these impacts to a level of insignificance. 4. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Yes No X Maybe Response: As discussed in Section II,items 3j,6-8of this Initial Study,this proposal will not have a significant adverse effect on human beings because mitigations and conditions imposed on the project will reduce these impacts to a level of insignificance. IV. DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X' I find that although the proposed project COULD HAVE a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described herein have been added to the conditions of approval for the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date: January 18, 1996 Prepared by: Step n Lua ,A oci a Planner Reviewed by: Craig San , enior Planner ■ Butte County Development Services Department z Planning Division • 16 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 V. MITIGATION MEASURES AND MONITORING REQUIREMENTS MITIGATION#1: Establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the additional map sheet the elevations (by contours)and the location of an accepted NVGD benchmark, place a temporary benchmark on-site and identify the 100 year floodplain on the additional map sheet. MITIGATION#2: Show on the additional map sheet a 100 ft. No Disturbance Setback along Mallory Creek,the unnamed tributary creek located on parcel 1 and the wet meadow on parcel 2. MITIGATION#3: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;"Structures,dumping,fill material,vegetation removal and/or excavation shall not be allowed within the 100 ft. No Disturbance Setbacks as depicted on the final map. The 100 ft. No Disturbance Setback shall be measured from the top of bank or the outer edge of riparian/wetland vegetation along both creeks and the wet meadow,whichever is greater. Any alterations to these No Disturbance Setbacks shall be approved by the Department of Fish&Game and the Planning Division" MITIGATION#4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D unless a pressurized community water system with hydrants serves the parcel." MITIGATION#5: Show on the map a 30 ft.building setback line along the side yards of all parcels and place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "To ensure the mandated fire clearance established in the County, a minimum building setback line of 30 ft. is required along all side yard property boundaries." MITIGATION#6: Place a note,on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that;'The removal of vegetation shall be limited to what is necessary for the creation of a homesite, roads,accessory buildings,and to meet fire safety regulations." MITIGATION#7: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "During site development, should any archeological artifacts be discovered,the Planning Division shall be notified immediately,and all work shall cease until a qualified,professional archeologist has examined the artifacts and the site and submitted findings to the Planning Division,and recommended clearance to continue. Recommencment of construction shall be upon the approval of the Planning Division." ■ Butte County Development Services Department a Planning Division ■ 17 0 • Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 DATA SHEET A. Project Description 1. Type of Project: General Plan Amendment, Rezone,Tentative Parcel Map 2. Proposed Density of Development: one unit per 30 acres. 3. Amount of Impervious Surfacing: Incremental in the form of homes,driveways, accessory buildings. 4. Access and Nearest Public Road(s): Humbolt Road via SR32 5. Method of Sewage Disposal: Individual septic systems. 6. Source of Water Supply: Individual wells. 7. ..Proximity of Power Lines:To property. 8. Potential for further land divisions and development: No B. Environmental Setting 1. Terrain a General Topographic Character: Level mountainous terrain. b. Slopes: 0%-10% c. Elevation:4400 feet above sea level. d. Limiting Factors: None 2. Soils a. Types and Charactedstics:McCarthy Series-Cobbly sandy loam. b. Limiting Factors: Moderately erodible 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: Low c. Landslide Potential: Low d. Fire Hazard: Moderate e. Expansive Soil Potential: Moderate to low 4. Hydrology a. Surface Water: Mallory Creek, unnamed tributary to Mallory Creek. b. Ground Water: Unknown aquifers. c. Drainage Characteristics: good d. Annual Rainfall (normal): 70 inches per year. e. Limiting Factors: Creeks will require a 100 ft.setback 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good. 8. Vegetation: Montane environment with conifer mix and riparian along creeks, meadow. 9. Wildlife Habitat: High quality among various vegetation types. 10. Archaeological and Historical Resources in the area: High sensitivity area. 11. Butte County General Plan designation:Timber Mountain 12. Existing Zoning: TM-40 13. Existing Land Use on-site: Undeveloped grazing/pasture area. 14. Surrounding Area: a. Land Uses: Timber, residential,open space, public b. Zoning: AR-1 to TM-2, 5,20,40,TPZ 160 c. Gen. Plan Designation:Agricultural Residential and Timber Mountain. ■ Butte County Development Services Department Ar Planning Division ■ 18 Garland Hart-GPA 96-03 REZ 96-04 TPM 96-07 d. Parcel Sizes: 1 - 100+ acres. 15. Character of Site-and Area: Rural mountain 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 number 11 approximately 2 miles away,#10 on-site. b. Water Availability: Fire tankers only. 20. Schools: Chico Unified School District(s). 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. Agricultural Preserves Map, established by Resolution No.67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. Jonesville 15 Minute Quadrangle 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 Development Services Department Planning Division ■ 19 BUTTE COUNTY Planning Department DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION JAN 10 1996 Oroville,California TO: Development Services Director FROM: Barry K.Hogan,Planning Manger RE: Request for Comments on a Development Application: HART,Garland REZ 96-04 DATE: December 26,1995 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 to rezone proposed parcel one from TM-40 to TM-20 on property zoned TM-40 Timber- Mountain 40 acre )located on the east side of Humbolt Road directly north of Butte County Fire Station#10 I the Butte Meadows area ,identified as APN 060-070-027. 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 March 14, 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 11,1996_ IF NO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS(Attach additional pages if necessary): By: Date: k:\forms\comment.frm 10-16-95 BKH 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 • s BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: California Department of Forestry FROM: Barry K.Hogan,Planning Manger RE: Request for Comments on a Development Application: HART,Garland REZ 96-04 DATE: December 26,1995 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 to rezone proposed parcel one from TM-40 to TM-20 on property zoned TM-40 Timber- Mountain 40 acre )located on the east side of Humbolt Road directly north of Butte County Fire Station#10 I the Butte Meadows area ,identified as APN 060-070-027. 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 March 14, 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 11,1996: IF NO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS(Attach additional pages if necessary): Thisindividual tl Vsi u Du , YYa Btlo FP. ?R t � w a 'J'Y Y'c.. r„ a lbtlLtlYYVC: 9tl'I.. i ofv�:.�1:'{yPb O':. KA IH6: : ' C......,a�� evel . 'c. YJ • . e¢.Y'i-,.CJJ V dhC:Y9 a WA Y YY'ti'emd higher �.7tl d.ti 'N.BiI OJtltl �4:B /ti�L,'v.'J I„- Aa l .-F J DC V �61btl Planninq NParlment JAN 6 1996 Oro%illc-,6,,... ;ia — By: Date: kfiformskomment.fm 10-16-95 BKH 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 �yy a nl�rr•,t,trttRl alif, Environmental Health BUTTE COUNTY JAN 0 2 1996 DEPARTMENT OF DEVELOPMENT SERVICES ChicoPLANNING DIVISION D E C 2 8 5995 Califo►ni1 TO: Environmental Health Director Orovifle, California FROM: Barry K.Hogan,Planning Manger RE: Request for Comments on a Development Application: HART,Garland REZ 96-04 DATE: December 26,1995. 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 to rezone proposed parcel one from TM-40 to TM-20 on property zoned TM-40 Timber- Mountain 40 acre )located on the east side of Humbolt Road directly north of Butte County Fire Station#10 I the Butte Meadows area ,identified as APN 060-070-027. 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 March 14, 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 11 ,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS(Attach additional pages if necessary): Recommend following conditions: . . 1. Subsequent projects must meet Butte County F.nvironmPntal F-iaalth Departments requirements .for on-site sewage application and provision of drinking water. Planning nepartment JAN 16 1996 f{:, is iali Nt 1 d By: 4Date: k:\forms\comment.fm 10-16-95 B 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 '• �1 �.• i 1 1 !� yl � t� )yyV 4 y' t LEAD IN SHEET FILE NO: REZ 96-04 APPLICANT: Garland Hart POB 3320, Chico, CA 95927 NAME ADDRESS OWNER:- Same. NAME ADDRESS REPRESENTATIVE: L & L Surveying POB 671, Paradise CA, 95967 NAME ADDRESS REQUEST: To rezone proposed parcel one from TM-40 to TM-20 AP# 060-070-027 SIZE: 65.69 acres LOCATION: Located on the east side of Humbolt Road directly north of Butte County Fire Station #10 in the Butte Meadows area. SUPERVISORAL DISTRICT# Three EXISTING ZONING: TM-40 ZONING HISTORY: 6-9-92 ,43013 SURROUNDING ZONING: TM-40 SURROUNDING LAND USE: Open space, timber, public, residential SITE HISTORY: GENERAL PLAN DESIGNATION: Timber Mountain APPLICABLE REGULATIONS: All kaeadinsheet Planning Department DEC 26 1995 H, 199� BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Barry K.Hogan,Planning Manger RE: Request for Comments on a Development Application: HART,Garland REZ 96-04 DATE: December 26,1995 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 to rezone proposed parcel one from TM-40 to TM-20 on property zoned TM-40 Timber- Mountain 40 acre )located on the east side of Humbolt Road directly north of Butte County Fire Station#10 I the Butte Meadows area ,identified as APN 060-070-027. 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 March 14, 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 11 ,1996: IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS(Attach additional pages if necessary): By: Date: 0formskomment.fiin 10-16-95 BKH a 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 CONEWENT DISTRIBUTION LIST APPLICATION.: Q EZ 9& -04- Planning DEPlutment DATE: DEC 2 6 1995 Comity Offices and Cifla: J _ Chief Administrative Officer ✓ Develop.Services Director / Public Works Director J ✓ Environmental Health Director/ Planning Manager _ Building Manager ✓ Sheriff V_ BCAG _ ALUC J ./ LAFCo _ APCD _ Butte Co.Farm Bureau Biggs _ Gridley _ Chico Oroville _ Paradise _ Chico Airport Commission Irrigation Dh&icts: Butte Water _ Biggs/W.Gridley Water _ Durham Irrigation OWID _ Paradise Irrigation _ Richvale Irrigation Table Mountain Irrigation — Thcrmalito 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 Planning Departrnot Fire Protection ♦7 ✓ California Department of Forestry _ El Medio Fire Protection District DEC 2 6 1995 Recreation District ®f oville,tarp€C orn1S _ Chico Area Recreation _ Durham Area Recreation _ Feather River Rec. &Park Paradise Recreation&Park Richvale Recreation &Parks turtles PG&E North-d ilco _ Chambers Cable TV _ Pacific Bell PG&E South-Oroville Viacom Cable TV State Agencies CalTrans = Dept of Water Resources Dept of Fish and Came / Forestry(Alin: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 Federzl Agencies J ✓ US Forest Service _ US Bureau of Land Management Other Districts,Agenda.Committees,eta 1 Lime Saddle Dist _ Community Association _ Mosq. Abatement OrovillelButte Co Drainage Butte Env.l Council _ Paradise Pines Com. Reclamation _ Cal Native Plant Society _ Butte Co. Mining Committee 10-16-_95 COMMENT PACKET 1 . BILL FARREL • 2 . BARRY HOGAN 3 . " PAULA LEASURE j, LETTER OF TRANSMITTAL L& L - 1007 ©ILLE ROAD• RO. I)OX 671 PARADISE.CA 95967 (916) 877-4300 SUI3,lf.',CT: CE,t/, FAX (91.6) 877-225.1. EEZO/U6 TEtir MA /4;-RE DATE TO: L A L/,t IA-1G /RE P 7 � A TTN: WE ARE SENDING YOU: C ATTACHED ❑ UNDU SUPARATE; COVER THL FOLLOWING ITU1S: COPIES DATE DESCRIPTION 9-ZZ-35' ti7- SAP 9 -ZI -�SA uTN0 TL iz ATi 0 1 -2,1 - q5' c,4g:e-ac r=aM - 55'031, ;ao FEES THESE ARE TRANSMITTED AS CHECKED BELOW: [:]PER YOUR REQUEST [] FOR YOUR TNFORMATTON I'OR YOUR REVIEW Planning Department r REMARKS: - NOV 6 1995 SIGNED JOB NUMBER GARLAND HART JEANIE HART 1784 PO BOX 3320 (916) 894-0363 ' CHICO, CA 95927 / 11-35/1210 S19 g PAYT(:•'IHE �..._.. .p....., ._..._ O G ORDER OF Q� S /O, �/ j gnil , D O L L Bank of America pie) 899.2120 Chico Main Branch 0006 400 Broadway Chico, CA 9592$�--��; ��L n /� MEMO /1�Af'G,�/'4p(�/n ///i•,,,�L='— �: L 2 L000 3 SIP: 013411-0006 ?- ,0437 2u' -Z•. 5.. 1 io.=.1 s S' :,':.: 00las 'SAME. 15: : .6ARLAPPA.Aer ..Sao. .. GATE RECEIPT TOTAL PUBLIC LAFCO USE VARIANCES PUBLIC nZONING ENV OTHER APPLICANT RECEIVED FROM • NO. RECEIVED WORKS PERMITS DOCUMENTS HEALTH RECEIPT 15108 OFFICIAL RECEIPT o COUNTY OF BUTTE O STATE OF CALIFORNIA C" ,® OFFICE OF PLANNING Lo • a Ln d ISSUED BY SAt - •goB3 , ,� ��#�� 00 � a I Z321 `r. _ _ ^, � ., - •�hot �� ^�i ,. v:)J maw i M� Q y—q j�vvl�Idmv h . 7Abn ZUsAI7eI1 laG �d5 do W U 1 �01 ';A-?b yq p aA . `1 IIS' Sas no :faun 6u► a,�Q ho SM 9 U 110N Z 1 . 1 , 31V0 L / ��'OL O� O�O / "` :103re6s :Ol • yAn J• wnpuoaowe ' ' laodea-Jejul ME UM TO: Planning Division FROM: [ X ] Stuart Edell ( ] Philo Hunt, Land Development Division SUBJECT: Garland Hart TPM, REZ, GPA DATE: October 2, 1995 We have received materials from you pertaining to the above subject. The materials as submitted do not constitute an application. The following additional -items must be submitted in order for us to accept the materials as an application and review them for completeness pursuant to Government Code Section 65941 : [ ] Provide processing fees in the amount of $ [ Provide additional processing fees in the amount of $ [ ] Provide a current title report. [ ] Provide ownership deed(s) for parcel(s) [ ] Provide legal description for parcel(s) [ ] Provide authorization to sign for [ ] Provide signature of owner/applicant on d2--[ X] Tentative map indicates that the"boundaries will be modified between Hart and Diamond Lands Corporation, but there is no application for a BLM. z Either revise maps or provide appropriate information and forms to process a _fJ - BLM. SEA4.' orf LD 1462. memo C{ � ,.� PVA• Planning Department .;f 0 C T 0 21995 so- F • \11 —®TT26N. R. 4 . M co ' 1660 792 ,1 �� 1814 i. r 11 tr / { n 27 81.76 AqCREEK 828 'S vO1i MAL Oy 5 320 OF Ac !„ 1200/ 1 26 640 AC ACI 1 13813OAc _ �REE�' USA 160- RS /0/-44 -RS 90-33 USA • 7O USA 1. O ' 9 64OAc C-1600 1O T I ♦ ���,' c-t7ov R \ Q -r t S' 91.O4Ac . �1 BRP r St 1 42.04 Ac y NOTE: These lbicr/s are For Asses nwt A eSSoA Mop Na 60--07 BK 59 �, �ro��and may ftf conswme unty of Butte, Ca REVISED.?-93 c V U'' Uf CD N c_ W A 6� c NOTES AP# 60-070-027 SEWAGE DISPOSAL BY INDIVIDUAL SEPTIC SYSTEMS WATER BY INDIVIDUAL WELLS OWNER/SUBDIVIDER /FD, 3/4" I.P. LS6373 GARLAND HART PER 127-R/S-66 PO BOX 3320 CHICO, CA. 95927 20 N 89'45'41" W 3246.66' TOTAL ACRES= 66.6976 "Inv F 1522.11' NO DRAINAGE COURSES ARE TO BE ALTERED. L / THERE ARE NO COUNTOURS FROM THE USGS QUAD MAP IN CL HUMBOLT RD EDGE OF MEADOW a5 THIS AREA DUE TO THE FLAT TERRAIN PER BK 127 PG 66 a 12,078 SQ. FT. USABLE AREA E 1---LINE 50' SETBACK � � '�� 5' SET BgCK 1 .4 100' SET BACK LINE ELEV. LINE PER MIKE HUERTA PARCEL 1 O `' I 30' d p0 = 200 1 1 ��P 0�, EXIST. GP.=TM p �1 EXIST. ZONING=TM40 11 Gk. PROPOSED GP=AR PROPOSED ZONING=TM20 l J G� O K / i �P ° PARCEL 2 45.06 ACRES NET Ln LnPARCEL 2 / �p0 EXIST. GP AND ZONING TO REMAIN D / 11,366' SQ FT USABLE / USABLE AREA CALCS J / 1 CORRAL AREA TIC SETBACK LINE / N 71"23'08"£ 100' SEP PARCEL 1 92.28 J /� /r 4.22 AC USABLE C \ _ S 89'17'14" E / CL OfCREE_______ / PARCEL 2 I �" 1042.19' 11,366 SQ FT USABLE WLY N 33'36 43 E -�-2 5_0_0____ N77'37'39"W 24.90 ,� _-! _ H B 41.95' o _ 8,866 GROSS USABLE AREA ^ -� �'.D / 0 100 SEPTIC SETBACK LINE o i N 0-10% SLOPE, 7' OF SOIL, AND 10-20 MIN. PERK RATE = 8,000 SQ FT NEEDED A / pEXIST. PARCEL S 89'53'45" W G V SHED 20.62 ACRES NET 625.98' 12,078 �SQ. FT. USABLE ELY -�' -2,500 S 40056'20" E G� r "� Oi ) 9,578 GROSS USABLE AREA 5.22' - I ?�3 � N 18'00`55" W t 0 10-209 SLOPE, 7' OF SOIL, AND 0-10 MIN. PERK RATE = 9,000 SQ FT NEEDED 208.09 2 4.44 AC USABLEJ N DEEP HOLE TEST FIRE O oI H d- `\ oi HOUSE WELL O� 4 ,\Op C' \ 1700. ,dry (� PERK HOLE TEST t SITE X00. '-"ok \SF,o� ��- •� ROAD w S \�s\,o >02 , � ko BUTTE MEADOWS 'c GENERAL PLAN AMENDMENT 6 S>" Akn c� �9cl 100" SEPTIC SETBACK LINE �c FROM WELL REZONE IN, Sh- �� 198. , TENTATIVE PARCEL MAP 0 \� N 90.00'00" W FOR LOCATION MAP N.T.S. GARLAND HART CURVE RADIUS LENGTH DELTA LINE DIRECTION DISTANCE BEING A PORTION OF THE N 1 /2 OF G 370.00' 63.91' 09'53'46" A N 39'09'54" E 73.58' H 201.72' 101.51' 28'49'55" B N 10'19'58 E 54.47' SECTION 28 T. 26N , R. 4E. , M . D . M . 1 360.00' 65.72' 10'27'38" C N 00'07'39" W 68.07 J 370.00' 181.37' 28.05'08» D S 27.57'30" W 91.43' BUTTE COUNTY, C A L I F O R I N A DEC. 1992 K 930.00' 417.01' 25'41'29 E S 19'04'22 W 104.69 L 370.00' 108.53' 16'48'22 Q N 00'07'39" W 59.22' R N 00'07'39 W 8.84 90 W-04-070 l S N 39•09 54" E 6.68 T N 39'09'54 E 66.90' SEP 2 3 1 L & L SURVEYING SHEET 1 OF 1 1007 BILLE ROAD PO BOX 671 PARADISE, CA 95967 (916)877-4300