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HomeMy WebLinkAboutRZ 98-04_PLANNING 22 ' IIYIIY� �� ���IIIIIIu���Vul� u� � � � 19 � '- SEPARATOR SHEET a,„ b(ol- '-( SIO — O6� oAo,ERNUMeE RZ 9�� oy ' PROJECT SUMMARY SH: FILE#: RZ 98-04 PROJECT TTE: Rezone ` APPLICANT: Bob Cameron ADDRESS: 14 Foreman Creek Rd. Berry Creek,CA 95,916 OWNER: Same ADDRESS: REPRESENTATIVE: Ron Graves&Associates ADDRESS: P.O.Box 986,Oroville,CA 95965 PROJECT DESCRIPTION: Rezone from Unclassified to FR-10(Foothill Recreational- 10 acreparcels) PROPERTY ZONED: U and SH LOCATED: on both sides of Ratchel Mountain Road,at 40 Ratchel Mountain Road,and on the north side of George Cameron Road at 72 George Cameron Road AP#: 061-490-007 08,023&024 TOWN/AREA: Berry Creek GENERAL PLAN DESIGNATION: Agricultural Residential and Timber Mountain 1. Application complete:_ rin l 21, 1998 Amount: $2429.00 Receipt#: 16333 2. Comments sent to: LLFCo,Dev.Serv.,E.H.}Arse.,,P.W„Ag, Comm.,CDF,CalTrans}pent. Water,Fish&Game 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To:Stephen Betts 7. Environmental Determination: State Clearinghouse No: 6 tegorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish&Game: Environmental Impact Report Gen.Rule Ex.-CEQA#15061.(bx3) Other 8. Staff Report: Project Video: 9. Clearinghouse circulation required: Yes No Date Sent to SCH: 10. Publication Notice Written: 0 1s-3�P Display Ad Prepared: 11. Notices Mailed: f 4 Number of Notices: 12. Newspaper Publication Date: 0— 13. Planning Commission Hearing(s): /0 y 9 •� 1o7 �/0-9 �� � � ArM9 Action taken: Special Conditions: Commission Resolution No. ee q q n ? 14. Board of Supervisors'Hearing(s): Action taken: �� 9�d��� ;3-d.4 to a3--� Board Resolution No.: Ordinance No: 3 R�7-Adopted: a3 15. Type Use Permit/Send for signature: 16. N.O.E./N.O.D./APPENDIX G: Fish&Game Fees Paid: Yes No 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use Permit/Variance to Planning Technician: '4rt twsvehI F K � r 1 F f i W • • 5 S�o�SaSS c Lzo- obh -1 �C� ., ..I VSO �t kr I � i f a r. f-v...sy..t r_ 6. Cameron Rezone - on February 9, 1999, the Board approved the ' rezone of a 30+/- . acre parcel, from "U" (Unclassified) to FR-10 (Foothill Recreational - 10 acre parcels) . on property identified as APN 061-490-024. The following actions are needed in support of the approval - action requested - SUBJECT TO THE FINDINGS DETAILED IN THE STAFF MEMORANDUM DATED FEBRUARY••23-, 1999„ ADOPT 'A NEGATIVE DECLARATION; ADOPT ORDINANCE 3485' PROVIDING FOR -THE REZONE AND-AUTHORIZE .THE,__CHAIR TO' SIGN; AND DIRECT' THE- `COLLECTION OF THE DEPARTMENT OFFISH AND GAME' ENVIRONMENTAL FILING FEE AS REQUIRED. . BUTTE COUNTY BOARD OF SUPERVISORS -MINUTES -FEBRUARY 23, 1999 99-20 Public Hearing Rezone Application - Bob Cameron - consideration- of .the. Planning Commission' s .denial of a rezone application -(item on which a negative,. declaration with mitigation measures._ regarding environmental impacts has been recommended)' to 'rezone four parcels totaling 84 acres from "U" (Unclassified) to FR710_ ,(Foothill .Recreational-10 acre parcels) on property' located..on both sides of Ratchel Mountain Road, at 40 'Ratchel Mountain Road, and ' on ' the' north side of George Cameron Road, . at X72 George Cameron Road in the Berry Creek area - action requested '- STAFF RECOMMENDS THE BOARD UPHOLD THE PLANNING_COMMI S S ION!S DENIAL OF THE REZONE (STAFF. REPORT DATED JANUARY 26, 1999) (**934) - PUBLIC HEARING OPENED AND CONTINUED OPEN TO FEBRUARY 9, 1999, AT 10:30 A.M. i BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - JANUARY 26, 1999 99-36 Continued Public Hearing - Bob Cameron - Rezone Application - " consideration of the • Planning 'Commission' s denial of a reione application . (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) to rezone four parcels totaling 84 acres from "U" (Unclassified) to FR-10 (Foothill Recreational-10 acre parcels) on property located on both sides of Ratchel Mountain Road, at 40 Ratchel Mountain Road, and on the north side of George Cameron Road, at 72 George Cameron Road in the Berry Creek area - action requested - STAFF RECOMMENDS THE BOARD UPHOLD THE PLANNING COMMISSION' S DENIAL OF THE REZONE. (FROM 1-26-99) (**1680) (***00) CONTINUED PUBLIC HEARING CONVENED AT 11:45 A.M. PUBLIC HEARING CONTINUED OPEN FOR 10 MINUTES. 99-39 Continued Public Hearing - Bob Cameron -. Rezone Application - consideration of the Planning Commission' s denial of a rezone application (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) to rezone four parcels totaling 84 acres from "U" (Unclassified) to FR-10 (Foothill Recreational-10 acre parcels) on property located on both sides of Ratchel Mountain Road, at 40 Ratchel Mountain Road, and on the north side of George Cameron Road, at 72 George Cameron Road in the Berry Creek area - action requested - STAFF RECOMMENDS THE BOARD UPHOLD THE PLANNING COMMISSION' S DENIAL OF THE - REZONE. (FROM 1-26-99) (***593) j ! 'PUBLIC HEARING RECONVENED AT 12:31 P.M. PUBLIC HEARING CLOSED AT 12:32 P.M. rF , MOTION: SUBJECT TO THE FINDING THAT THERE WAS -,NOT ENOUGH SCIENTIFIC INFORMATION/DATA 'PRESENTED TO SUPPORT THE DEPARTMENT OF FISH AND GAME' S POSITION THAT THE REZONE WILL CAUSE A SIGNIFICANT IMPACT ON THE MIGRATORY DEER-.IN .THE AREA, AND THE FINDING THAT THE PROPOSED REZONE IS CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN, I MOVE TO REZONE A .30+/- ACRE - PARCEL -IDENTIFIED AS APN 061-490-024- FROM "U" UNCLASSIFIED TO FR-10 (FOOTHILL RECREATIONAL-10 ACRE PARCELS) . M S VOTE: 1 Y 2 'N 3 Y 4 Y 5 Y (Motion Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - FEBRUARY 9, 1999 . I .. ..� Nr Bob Cameron -proposed Negative Declaration regarding environmental impacts and Rezone from "U" (Unclassified) to FR-10 (Foothill Recreational - 10 acre parcels) located on both sides of Ratchel Mountain Road, at 40 Ratchel Mountain Road, and on the north side of George Cameron Road at 72 George Cameron Road, identified as AP 061-490-007, 023, & 024, Berry Creek. (SB) (REZ98-04) Mr. Doody gave a brief summary of the project and why it has been continued. He said that Fish and Game's comment was that this is in an area with critical winter deer herd range and they recommend denial of the rezone. The hearing was opened to the public. Doug Sutherland, Graves &Associates, said the comments from Fish and Game do not make'a lot of sense. He said the parcel is split by the road and that is the reason for the rezone. He said there are many small parcels in the area of this one. He said the only property that is larger than this one is 15 acres. He said it was hard to get a comment from Fish and Game. Commissioner Mooney said he had no problem with the project and he would vote for approval. John Christofferson,GDA,discussed Fish and Game's standards on deer herds versus development. He said this map was arbitrary and inaccurate and had the effect of a line drawn,in sand. He said the map for critical deer winter range needs to be redone. Vice Chairman Leland said this map is the best the Commission has to go by today. The hearing was closed. Commissioner Nelson said the Commission either honors the Fish and Game map or not. Vice Chairman Leland said he feels bound by the Fish and Game's letter. Mr. Sutherland, in answer to a direct question, said a Boundary Line Modification(BLM) is a part of why they are doing a rezone. He said a BLM is only a solution to a portion of the problem. It was moved by Commissioner Nelson,seconded by Vice Chairman Leland, and carried to recommend that the Board of Supervisors deny the rezone REZ 98-04 for Bob Cameron as follows: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act and no significant environmental effects were identified; and B. The rezone itself will cause environmental damage to fish or wildlife or their habitat. C. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and hereby finds that the said Negative Declaration adequately represents impacts associated with this project; and ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ DECEMBER 10, 1998 ■ PAGE 1■ D. Approval of the FR-10 zone may lead to the creation of 10-acre parcels in an area that has been designated as deer herd critical winter range,which requires a 40-acre minimum parcel size, and may lead to significant impacts to deer; and E. The California Department of Fish and Game is not recommending approval of the rezone to FR-10 due to impacts to deer herd critical winter range; and Section 2: General Plan Consistency Findings. A. The proposed FR-10 zone is inconsistent with Policy 6.5.a of the Butte County General Plan _ which states,that development should be regulated in identified winter deer ranges to facilitate the survival of deer herds; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report,move to recommend that the Board of Supervisors deny rezone REZ 98-04 for Bob Cameron. AYES: Commissioners Cage and Nelson, and Vice Chairman Leland NOES: Commissioner Mooney ABSENT: Chairman Lambert ABSTAINED: No one i ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES DECEMBER 10, 1998 ■ PAGE 2■. - i Bob Cameron -proposed Negative Declaration regarding environmental impacts and Rezon from "U" (Unclassified) to FR-10 (Foothill Recreational - 10 acre parcels) located on both sides of Ratchel Mountain Road, at 40 Ratchel Mountain Road, and on the north side of George Cameron Road at 72 George Cameron Road, identified as AP 061-490-007, 023, & 024, Berry Creek. (SB) (REZ98-04) Mr. Betts said that staff has requested comments from Fish and Game. He said he called the Wildlife Biologist, but has not received their official comments. He said the applicant requests this be continued to December 10, 1998. The hearing was opened to the public. It was moved by Commissioner Cage, seconded by Commissioner Leland, and unanimously carried to continue this hearing to December 10, 1998 at 9:00 a.m.. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ NOVEMBER 12, 1998 ■ Bob Cameron -proposed Negative Declaration regarding environmental impacts and Rezone from "U" (Unclassified) to FR-10 (Foothill Recreational - 10 acre parcels) located on both sides of Ratchel Mountain Road, at 40 Ratchel Mountain Road, and on the north side of George Cameron Road at 72 George Cameron Road, identified as AP 061-490-007, 023, & 024, Berry Creek. (SB) (REZ98-04) Mr. Betts said there is a request from the applicant to continue this hearing. He said the engineer does not think this is critical winter deer herd habitat and the applicant wants to contact Fish and Game. It was moved by Commissioner Nelson, seconded by Commissioner Cage, and unanimously carried to continue this hearing to November 12, 1998, at 9:00 a.m. ` R t ti ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES oOCTOBER 8, 1998 ■ �h BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - October 8, 1998 Applicant: Bob Cameron Location: On both sides of Ratchel Mountain Road, at 40 File#: REZ 98-04 Ratchel Mountain Road, and on the north side of George Request: Rezone from Unclassified to Cameron Road at 72 George FR-10 (Foothill Recreational Cameron Road, Berry Creek - 10 acre parcels) Parcel Size: 84± acres G.P.: Agricultural-Residential and Timber Mountain Zone date:- 1/6/87 Zoning: U(Unclassified) and SH Supervisorial (Scenic Highway) District: 1 APN: 061-490-007, 023 & 024 Applicable Regulations: 24-25.20 through 24-25.45 SUMMARY: Planning Staff recommends denial of this proposal. PROJECT DESCRIPTION: This project is a request to rezone four non-contiguous parcels comprising 84 t acres from Unclassified (20 acre minimum parcel size) to FR-10 (Foothill Recreational, 10 acre minimum parcel size). Portions of three of the parcels are located in a Scenic Highway(S-H) zone, but these areas will retain their current S-H zoning. The Land Use Element Map of the Butte County General Plan designates the project site as Agricultural-Residential and Timber-Mountain. The Timber- Mountain land use designation is found on a 13.5 acre portion of APN 061-490-007. Surrounding parcels are zoned Unclassified(U), with parcels just to the southeast zoned FR-10 and to the west zoned FR-20. Parcels along Oroville-Quincy Highway (SR 162) are zoned Scenic Highway. Land use on surrounding parcels is residential and open space. The area to the southwest of the site is owned by the Department of Water Resources and is used for public recreational purposes. Surrounding and nearby parcels range in size from 1 to 1,391 acres,with the predominant size being in the 4 to 20 acre range. An existing FR-10 zone(38+ acres) is located 500 f feet south of the project site. The applicant has proposed no changes to the S-H zoned areas of the project site. A 3.35-acre portion of APN 061-490-007, a 137 sq. ft. portion of APN 061-490-008, and a 1.5-acre portion of APN 061-490-024 are located within the S-H zone. The project site is developed with two dwelling units. A commercial use-boat storage sheds - was at one time located on APN 061-490-024. Domestic water for the dwelling units are supplied by Butte County Department of Development Services Agenda Report Page 1 individual on-site wells, while sewage disposal is handled by individual on-site septic systems. Elevations range from 1,000 ft. to 1,260 ft. above sea level. The topography of the project site is mountainous,with level areas in the south potion of the site to steep areas in the northern portions. The average slopes on the site are approximately 13%,but some slopes exceed 30%. Digger pines, oaks, and brush cover most of the project site. Approximately 65t acres of the site are located within critical winter deer herd range and the remainder portions are within a Designated Development Zone. Land uses on nearby parcels are rural residential and open space. The Foreman Creek Recreational Area lies adjacent to the project site. CEQA ISSUES: 1. Consistency with the General Plan 2. Consistency with deer herd critical winter habitat ANALYSIS: The change in zoning as proposed by the applicant will allow approximately six additional homesites for a total of eight homes. The full environmental impacts caused by these additional dwelling units can be addressed pursuant to the California Environmental Quality Act (CEQA) at a future time if an application is made for a land division. Consistency with the General Plan While the FR-10 zoning is listed by the General Plan as being conditionally consistent with the Agricultural-Residential General Plan land use designation, it is not consistent with the Timber- Mountain General Plan land use designation. The Timber-Mountain designation requires a minimum parcel size of 40 acres. However, only a 13.5 f acre section of APN 061-490-007 lies within Timber-Mountain General Plan land use designation. Consistency with deer herd critical winter habitat Approximately 65 ± acres of the 84-acre project site is located within an area that has been determined by the California Department of Fish and Game (DFG) to be critical winter habitat for deer. During the winter months,this area has the potential to provide food and shelter for numerous deer. As such,DFG recommends that there be a minimum parcel size of 40 acres in order to allow sufficient area for deer herd movement. The remainder of the project site is located within a Designated Development Zone and minimum parcel sizes permitted by the zoning are allowed. A request for comments was sent to the Department of Fish and Game,but no comments were received in return. The proposed FR-10 zoning is inconsistent with the Department of Fish and Game's recommendation of 40-acre parcels. The FR-10 zoning will allow 10-acre parcels, well below the 40-acre parcel size recommended by the DFG. Approval of FR-10 zoning on the entire project site will not lead to any future land divisions because most of it is within critical winter habitat, and what area is outside the critical winter habitat is not large enough to be divided into 10-acre parcels. Approval of FR-10 zoning only on the area outside the critical winter habitat, which ,is approximately 18-acres in size on two non-contiguous parcels, will not permit any future land divisions due to the insufficient size of the FR-10 zoned area. The proposed rezone is inconsistent '>Butte County Department of Development Services Agenda Report Page 2 with Policy 6.5.a of the Butte County General Plan which states that development should be regulated in identified winter deer ranges to facilitate the survival of deer herds. The proposed FR-10 zoning is inconsistent with the County's and the Department of Fish and Game's policy of maintaining large parcel sizes in areas that have been designated as deer herd critical winter habitat. Because of this inconsistency, staff is recommending denial of this project. The Initial Study for this project identified this inconsistency, but did not recommend any mitigations because the rezone to FR-10 in and of itself will not cause any impacts to the deer herd critical winter range. It is at the time of development of 10-acre parcels that the impacts will occur. A possible mitigation is to receive approval for 10-acre parcels from the Department of Fish and Game. They may be willing to work with the applicant to determine what can be done to reduce the impacts to the deer herd. The Department of Fish and Game may require fencing standards, deer habitat improvements, collection of deer herd fees, clustering of homesites, or flexible lot sizes. Approval from the Department of Fish and Game should occur prior to any rezoning of the site in order to prevent the site from being rezoned to FR-10,but without any possibility of 10-acre parcels being created. Another possibility is to require that an Environmental Impact Report (EIR) be prepared to determine what impacts will occur to the deer herd and the mitigations necessary to prevent those impacts. If the Planning Commission recommends approval of this rezone project, a condition of the rezone should be to gain approval for 10-acre parcels from the Department of Fish and Game. RECOMMENDATION: Staff recommends that the Planning Commission recommend denial to the Board of Supervisors on rezone REZ 98-04 for Bob Cameron, subject to the following findings in attached Exhibit A. K:\PROJECTS\REZ\CAMERON.REZ\CAMERON.RPT >>Butte County Department of Development Services Agenda Report " Page 3 i EXHIBIT A Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act and no significant environmental effects were identified; and B. The design of the subdivision and improvements will not cause environmental damage to fish or wildlife or their habitat and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and C. The Planning Commission has independently reviewed,analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and hereby finds that the said Negative Declaration adequately represents impacts associated with this project; and D. Approval of the FR-10 zone may lead to the creation of 10-acre parcels in an area that has been designated as deer herd critical winter habitat,which requires a 40-acre minimum parcel size, and may lead to significant impacts to deer; and Section 2: General Plan Consistency Findings. A. The proposed FR-10 zone is inconsistent with Policy 6.5.a of the Butte County General Plan which states that development should be regulated in identified winter deer ranges to facilitate the survival of deer herds; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to recommend that the Board of Supervisors deny rezone REZ 98-04 for Bob Cameron. Butte County Department of Development Services Agenda Report.;. Page 4 qf� (`9'S}�T.•')fes ', r�Y. � tax'":• �,��' '✓ 'tl,�,'°, ;..x��. •',fid;','; - r f k v �.f) {t t .� M ♦fT, �woo� LEM CAR, SH NOW IMM r i�+ BUTTE COUNTY PLANNING COMMISSION Applicant: Bob Cameron.. Hearing,Date: October 8, 1998 @ 9:00 a.m. MDr-M4 Request:Rezone from U(Unclassified,20 acre minimum)to FR-110(Foothill Residential, 10 acre Assessor Parcel No: 061490-007,008,023&024 ,y DEPARTMENT OF DE`-ELOPNIENT SERVICES BUTTE COUNTY L11+"IFORM APPLICATION A LICANT: Aucnt information co he oruvided is on outer side: APPLICANT'S NAME t If applicant is a fe ent from uwner an w1davit is requued r ASSESSOR'S PARCEL NUMBER: ,ADDRESS: CITY.STATE&ZIP.COOE FILE NUMBER:(FOR O _US-.1 14 Foreman Creek Rd. , Berry Creek CA 95916 Z7 NAA(E OF PROPOSED PROJECT( If aav ) TELEPHONE rezone ( 530) 589-1647 LOCATION OF PROJECT(Major cross sestets and Address. If any) Foreman Creek GL-NERAL II4FOR.%1ATION REQUIRED OWNER'S NAME '• TELEPHONE t Bob Cameron I ( 530) 589-1647 I ;. ADDRESS: CITY.STATE 3t ZIP CODE 14 Foreman Creek Rd. , BerrCreek CA 95916 c:. ZONE GENERAL PLA EXISTING LAND USE SITE SIZE in Square Feet or Aces) U 1.1 A• T 1 existing home 90 acres apprx. E ISTWG STRUCTURES(m Square Feet) PROPOSED STRUCTURES(in Square Fees) 2000 square foot home on 61 -49-07 none (Check Ooe) (Ctxck One) [3 PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER r" ® PROPERTY IS OR PROPOSED TO BE ON SEPTIC AGI PROPERTY IS OR PROPOSED TO BE ON WELL WATER ��� ���.ir r,� .VA•• :. .fit ;:.j.. '�i.�yy:• - - ' ���- ,�"1•; nr. �/•'.�»• ';',.,.x;,_,,;�:�;;.;.,, `t.>� APPLICATION REQUESTED .. . T•. ❑ GENERAL PLAN Al-fENDKENT [ITE`iTATIV-E SUBDIVISION biAP ® REZONE C3TENTATP1E PARCEL MAP ❑ USE PER,ti1TT ❑ WAIVER OF PARCi?MAP ❑ MINOR USE PFR1y T ❑ BOUNbARY-LINE MODIFICATION ❑ VARIANCE [3 LEGAL.LOT DETERMINATION ❑ MINOR VARIANCE ❑ CERTIFICATE OF yIERGER j 0 ADMINISTRATIVE PEP—MIT ❑ MINING AND RECLAMATION PLAN 1 ❑ DEVELOPMENT AGREEMENT ❑ OTHER •.rte: , - -•'`� ';:a`• ":;:. ::. .> �: PROJECT DESCRIPTION . FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and sizeo(pamels•) Rezone. from unclassified to FR 10 . . .� nine�ivis►An . . ..... OWNER CERTIFICATION 1 CERTIFY THAT I A.%t PRFIENTLY TIE LEGAL OWNER OR T}iE AUTHORIZED AGENT OF THE OWNER OF Tl IE ABOVE DESCRIBED PROPERTY. FURTI-ER.I AC ETRE FiLL;G OFTVGS APPLICATION AND CERTIFY—) T,� L FTHE AB "E INFORMATION IS TRUE AND ACCUR.ITE (I(an a cnt u to awthocrzad uuvm an a�davie o!awUwn=ion lu aiti v' applicauun.) DATE: SIGNATURE Y AGENT AUTHOP ZATION To Butte County, Department of Development Services; _Ron Graves &'Associates 534-9587 Print Yame o[Agent gad Pherm Numbs P.O. Box 986, Oroville, CA 9S96S Mailing Address is hereby authorized to prods this application for a rezone on my property, identified as Butte County Assessors Parcel Number 61-49-07,08,23,24 This authorization allows representation for all applications, hearings, appeals, etc, and to sign all documents necessary for said processing, but not including document (s) relating to record title interest. Owner(s) of Record: (sign and print name) John Robert Cameron Print Name PrirA Name r S�gnaarra Sigrsaaue Architect and/or Engineer. Ron Graves,-,.and Associates 534-9587 Print Name of ArehiteNr=gineer and Pbooe Numbs P.O. Box 986, Oroville, CA 95965 Mailing Address FOR OFFICE USE ONLY Verify: Date received: Total amount received: 21.-k-11760 AP Number(s) v'�'Legal Description —77Owners Authorization ✓ Zing onrequirements ✓Project Description Copies of plot plan Taken by Receipt No. �(�333 EJI.' 3 oc LDd0.00 PlanZ,00000 FD�3 •Oc> Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee'for this application is S as of Make check payable to "Butte County Treasurer". COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) Date Filed Z k I ct S General Information: 1. Name and address of owner, and/or developer, and/or project sponsor: Bob Cameron, 14 Foreman CrPek Rd_ RPrrV rraak r ' 95916 2. Address of project: Foreman rrr-Pk _gA Assessor's Parcel Number: 6l -4q-n7' 08F93, 24 3. Name, address, and telephone number of person to be contacted concerning this project: Ron Graves & Assoc_ , P_O_ Rnx AR6, C rnvi 7 le , CA 95955 ,34_9r,A7 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: none 5. Existing general plan designation: . A/TA 6. Existing zoning district: U 7. How island currently used? 1 Pxi Gt i nq home — remainc]or vaeant. 8. Proposed use of site (Project for which this form is filed): Provi rlp 3 addit innal home- Project Description: 9. Site size: 90 anrPg appx (Acres/Sq. Feet) 10. Off-street parking spaces: Full size:—n/a Compact: Total: 11. Plans attached Yes No n/a 12. Proposed development schedule nta t i ve pa rrP I map to fol I nw 13. Associated projects . tentative . parcel man 14. Anticipated incremental or phased development n.1 a Attach description of project containing the following information: is. If residential, include the number of units,schedule of unit sizes, range of sale prices or rents, and type of household size expected. n/a 16. If commercial, indicate the type,whether.neighborhood, city or regionally oriented, square footage of sales area and loading facilities. n/a 17. If industrial,indicate type, estimated employment per shift, and loading facilities. n/a 18. 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 Man �ju1S1Al� 0 Butte County Department of Development Services 0 Planning Division 1 199$ A� 2 1 Ovnerlll�,��B ffo�ia 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Re7nne aue tri ri zoning 2A anra minimlims Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. _ X 21. Change in scenic views or vistas from existing residential areas or public lands or roads. _ 22. Change in pattern or character of general area of project. 23. Significant amounts of solid waste or litter. _ X 24. Change in dust, ash, smoke, fumes or odors in vicinity. _ X 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. — x 26. Substantial change in existing noise or vibration Levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. — 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. _ x 29. Substantial change in demand for municipal services (police, fire,water, sewage, etc. including special districts). _ 30. Substantially increase fossil fuel consumption ,(electricity, oil, natural gas, etc.). X 31. Relationship to a larger project or series of projects, Tentative parcel map Planning 1)ivislon APR 2 11998 ®roville,California 0 Butte County Department of Development Services 0 Planning Division 0 2 Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. *See below 33. Describe the surrounding properties,including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.),intensity of land use (one-family, apartment houses,shops,department stores, etc.), and scale of development(height, frontage,set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. *See below. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and Information presented are true and correct to the best of my knowledge and belief. Date Sign re for 4L K:TORMS\SUBMITTALkENV-INFO 32 . ) The project site as. existing is typical foothill mountain property. The topography vaires greatly from almost flat to quite steep. The soil is stabile. There are native plants and animals. There are no known cultural, historical or scenic aspects. There is one existing home on 61 -49-07.. 33. ) The surrounding properties are much the same. Scattered single family residences throughout the area in general. planning l�ivisinn APR 2 11998 OrOV111%C811forlia 0 Butte County Department of Development Services 0 Planning Division 0 3 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS 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'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)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 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. 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 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 if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceability of the 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 the state in which the 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 truth-in-lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this 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. EXCEPTIONS FROM COVERAGE 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: 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. Proceedings by a public agency which may result in taxes or assessments,or notices 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 thereof;(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. Reorder Form No. 12599 (Rev. 2/93) ' t . AMERICAN LAND TITLE ASSOCIATION'RESIDENTIAL TITLE INSURANCE.POLICY(6-1-87) EXCLUSIONS In addition to the exceptions in Schedule B,you are not insured against loss,costs,attorney's fees and,expenses resulting from: 1. Governmental police power, and the existence or violation of any law or 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 the 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 takingha ened, rior to the Policy Date and is binding on you if you bought the Jand without knowing of the taking t' PP P Y 9 Y Y 9 9 9 •• 3.Title Risks: r • that are created,allowed,or agreed to by you ` ar • 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 waterways that touch your land = a This'exclusion does not limit the access coverage in Item 5 of Covered Title Risks. E , EXCEPTIONS FROM COVERAGE In addition to the Exclusions, you are not insured against loss, costs, attorneysfees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: ' A. Easements=not shown in the public records B. Boundary disputes not shown in the public records C. ••Improvements owned by your neighbor placed on your land Y 2..If, in addition to a single family.residence,your existing structure consists of one'or more Additional Dwelling Units, Item 12 of Covered Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or,, B. The forced conversion of any,Additional Dwelling Unit back to its original use, if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. - t j AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS 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'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)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 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. 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) 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(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 to 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 for the insured mortgage 4. Unenforceability of the 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 the state in which the 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 truth in lending law. 6.. Any statutory lien for services,labor or materials(or the claim or 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 this policy,by reason of the operation of federal bankruptcy,'state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE 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: 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. Proceedings by a public agency which may result in taxes or assessments,or notices 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 by making inquiry of 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 thereof;(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. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS 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'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(i)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 excl''ded 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 records 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) 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 if 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, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of.transfer; or (b) of such recordation to impart notice.to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or..Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following`General Exceptions: EXCEPTIONS FROM COVERAGE 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: 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. Proceedings by a public agency which may result in taxes or assessments,or notices 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 by making inquiry of 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 thereof;(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. LE i Since 1929 Preliminary Planning Divisi®n APR 2 11998 Oroville,CaIffor iia Main Office Oroville Paradise Gridley 500 Wall St. 1835 Robinson St. 7126A Skyway 560 Kentucky PO Box 5173 TO Box 811 PO Box 490 PO Box 949 Chico,CA 95927 Oroville,CA 95965 Paradise,CA 95967 Gridley,CA 95948 (530) 894-2612 (530)533-2414 (530)877-6262 (530) 846-4005 (530)533-2553 FAX(530)533-1589 FAX(530)872-5129 FAX(530)846-0584 (530) 8464583 FAX(530).894-0713 6267 aJu1S � o � v • N Main Office ❑Oroville ❑Paradise ❑ Gridley 500 Wall Street 1835 Robinson St. 7126A Skyway 560 Kentucky St. P.O. Box 5173 P.O. Box 811 P.O. Box 490 P.O. Box 949 LaDonna Joyner Chico, CA 95927 Oroville, CA 95965 Paradise, CA 95967 Gridley, CA 95948 Chief Executive Officer (530) 894-2612 (530) 533-2414 (530) 877-6262 (530) 846-4005 County Manager (530) 533-2553 FAX (530) 533-1589 FAX (530) 872-5129 FAX (530) 846-0584 (530) 84614583 Serving the north FAX (530) 894-0713 state since 1929 PURCHASER/BORROWER: ORDER NO.: 5-182316A ESCROW OFFICER: CHH-Stine A. Menezes SHORT TERM RATE: AMENDED PARCEL MAP REPORT In response to the above referenced application for a Policy of Title Insurance, BIDWELL TITLE & ESCROW COMPANY 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 defect, lien or encumbrance not shown or referred to as an Exception below 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 on the attached cover. Copies of the Policy forms should be read. They are available from the office which issued this Report. Please read the exceptions shown or referred to below and the List of Printed Exceptions and Exclusions set forth in this report carefully. The Exceptions and Exclusions are meant to provide you with notice of matters which are not covered under the terms of Title Insurance Policy and should be carefully considered. It is important to note that this Preliminary Report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. 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. i Dated as of March 24, 1998 at 7:30 a.m. Title Officer HB/NA/gs The form of Policy of Title Insurance contemplated by this Report is: ❑ALTA Residential Title Insurance Policy - (06-01-87) []ALTA Loan Policy with ALTA Endorsement Form 1 Coverage - (10-17-92) ❑CLTA Standard Coverage Policy - 1990 ❑ALTA Owner's Policy Form B - (10-17-92) The estate or interest in the said land hereinafter described or referred to covered by this Report is: A Fee Title to said estate or interest at the date hereof is vested in: JOHN ROBERT CAMERON, Trustee of the George Finley Mills Cameron Revocable Trust, dated December 1, 1966 At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said Policy form would be as follows: BrMpre Affiliated with the Chicago Title and Trust Family of Title Insurers Chicago, Ticor and Security Union Title Insurance Companies Order No . 5-182316A EXCEPTIONS 1 . General and Special County taxes for the fiscal year 1998-99, including possible personal property taxes, now a lien, but not yet due or payable. 2 . The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3 .5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3 . Right of way for pole line with incidental rights as conveyed to Pacific Gas and Electric Company, by instrument from George F. Cameron, et ux, dated July 7, 1954 and recorded October 6, 1954 in Book 738 of Official Records, page 255, records of Butte County, California. Affects that portion of Section 18 West of the Highway. 4 . Right of way for poles and wires, and other fixtures, 5 feet on each side of the centerline of the State of California Division of Forestry' s pole line as now located on that portion of said land lying Westerly of the Oroville-Quincy Highway, as provided in deed from Simon William Cameron, et al to Pacific Telephone and Telegraph Company, a corporation, dated July 8, 1954 and recorded October 6, j 1954, in Book 738 of Official Records, of Butte County, at page 259 . i Affects Parcel III . 5 . Rights of State of California Division of Forestry in and to the pole line as disclosed in the deed referred to in preceding item. 6 . Right of way for water pipe line, together with incidental rights pertaining thereto, over said land as provided in the deed from William Cameron to Norman L. Barlow, et al, dated April 10, 1963 and recorded april 11, 1963 in Book 1238 of Official Records of Butte County, at page 342 . Affects the Northerly 10 feet of Parcel III . 7 . Easement for Aerial and underground wires, cables, etc . 5 feet in width, as granted in the deed from Williamina Fraser Cameron and Simon William Cameron, to The Pacific Telephone and Telegraph Company, a corporation, dated October 21, 194 and recorded December 8 , 1964 in Book 1349 of Butte county Official Records at page 72 . Affects a portion of Parcel .III . Reference is made to said document for the exact location. 8 . Easement to construct, reconstruct, operate a right of way 60 feet in width as described in Deed from George Cameron, et ux, to George A. Lowman, recorded August 31, 1966 in Book 1441 of Butte County official Records, at page 481 and other instruments of record. Affects Parcel II . EXCEPTIONS: (continued) Order No . 5-182316A 9 . A public utility easement 10 feet in width as described in Deed executed by Simon William Cameron et ux, to County of Butte recorded March 6, 1969 in Book 1557 of Butte County Official Records, at page 102 . i Affects Parcels II and III . 10 . Right of Way for the purpose stated herein and incidental purposes Granted to Walter J. Brown and Myrtle Brown, his wife For Road and public utility purposes Recorded on May 27, 1971 Recorded in Book 1677 of Butte County Official Records, at page 463 Affects Parcel II 11 . Aublic utility easement 10 feet in width as described in Deed P Y executed by Simon William Cameron et ux, to County of Butte, recorded in August 22 , 1973 in Book 1857 of Butte County Official Records, at page 650 . Affects Parcel III . 12 . Declaration regarding lots or parcels in regard to the use of an additional living unit was recorded August- 22 , 1977 in Book 2203 of Butte County Official Records, at page 128 . Affects Parcel III . 13 . Requirement that a signed Trust Certification be furnished prior to recording. 14 . Information in possession of this company indicates that a division of land is contemplated in the current transaction involving the land described in this report . Such contemplated division of land would appear to fall within the purview of the Subdivision Map Act and as a prerequisite to the closing of this transaction, at least one of the following requirements must be accomplished to this Company' s satisfaction: (1) That a Subdivision Map has been recorded in compliance with the Subdivision Map Act or related local ordinances . (2) That a Parcel Map has been recorded in compliance with the Subdivision Map Act of related local ordinances, or (3) That a Certificate of Compliance as provided for in the Subdivision Map Act has been recorded or that all satisfactory evidence indication compliance or non-violation be furnished. END OF EXCEPTIONS NOTES: Order No . 5-182316A NOTE: General and Special County taxes for the fiscal year 1997-98 . Said taxes were not assessed for said year. AP No. 061-490023 Code 101-000 TAX NOTE: General and Special County and Municipal taxes for the fiscal year 1997-98 First Installment $434 .73, paid Second Installment : $434 . 73 , paid Land $36, 988 . 00 Improvements $56, 458 . 00 Exemption $7, 000 . 00 AP No . 061-490-007 Code 101-000 TAX NOTE: General and Special County and Municipal taxes for the fiscal year 1997-98 First Installment $67 .37 , paid Second Installment : $67 .37, paid Land $12 , 975 . 00 Improvements $-0- Exemption $-0- AP No . 061-490-008 Code 101-000 NOTE: The land herein was created by Deed recorded June 20, 1944 in Book 384 of Butte County Official Records, at page 51 . Affects Parcels I and II . The vestee herein acquired title by Deed recorded August 29, 1967 in j Book 1484 of Butte County Official Records, at page 192 . Affects Parcels I and II . NOTE: The land herein was created by Deed recorded May 31, 1977 in Book 2176 of Butte County Official Records, at page 151 . Affects Parcel III . The vestee herein acquired title by Deed recorded March 30, 1982 . in Book 2705 of Butte County Official Records, at page 330 . Affects Parcel III . END OF NOTES L • Order No. 5-182316A SCHEDULE C THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL I: THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 20 NORTH, RANGE 5 EAST, M.D.B. & M. AP NO. 061-490-007 EXCEPTING THEREFROM THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 18 . ALSO EXCEPTING THEREFROM ALL THAT PORTION AS CONVEYED TO WALTER J. BROWN, ET UX, BY DEED RECORDED MAY 27, 1971 IN BOOK 1677 OF OFFICIAL RECORDS, PAGE 463 AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 20 NORTH, RANGE 5 EAST, M.D.B. & M. ; THENCE FROM SAID POINT OF BEGINNING, NORTH 00° 53' 57" WEST, ALONG THE EASTERLY BOUNDARY LINE OF SAID SOUTHWEST QUARTER, 366 . 90 FEET; THENCE SOUTH 880 16' 30" WEST, 171. 04 FEET; THENCE NORTH 170 08' 35" WEST, 74 . 03 FEET; THENCE NORTH 510 34' 08" WEST, 77 . 09 FEET; THENCE SOUTH 830 33' 52" WEST, 77 .62 FEET; THENCE SOUTH 630 44' 06" WEST, 104 .60 FEET; THENCE SOUTH 540 05' 49" WEST, 53 . 76 FEET; THENCE SOUTH 480 57' 37" WEST, 74 .45 FEET; THENCE SOUTH 460 38' 05" WEST, 69 . 18 FEET; THENCE SOUTH 890 03' 27" WEST, 100 . 18 FEET; THENCE SOUTH 530 26' 38" WEST, 78 . 75 FEET TO A POINT ON THE WEST BOUNDARY LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTH 000 16' 28" EAST, ALONG THE WESTERLY BOUNDARY LINE OF SAID EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 18, 211. 15 FEET TO A POINT ON THE SOUTH BOUNDARY LINE OF THE NORTH HALF OF SECTION 18; THENCE NORTH 880 16' 30" EAST, ALONG THE SOUTHERLY BOUNDARY LINE OF SAID NORTH HALF, 681.44 FEET TO THE POINT OF BEGINNING. PARCEL II: THE SOUTH 60 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER LYING WEST OF THE OROVILLE QUINCY ROAD OF SECTION 18, TOWNSHIP 20 NORTH, RANGE 5 EAST, M.D.B. & M. AP NO. 061-490-023 PARCEL III: ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 20 NORTH, RANGE 5 EAST, M.D. B. & M. , LYING WESTERLY OF THE WESTERLY BOUNDARY LINE OF THE OROVILLE-QUINCY ROAD. EXCEPTING THEREFROM ALL THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF THAT CERTAIN PARCEL AS CONVEYED TO THE COUNTY OF BUTTE BY DEED RECORDED MARCH 6, 1969 IN BOOK 1557 OF BUTTE COUNTY OFFICIAL RECORDS, AT PAGE 102 . AP NO. 061-470-008 Exec 06 Comp 'f'5 T.20 N. R.4 a 5 E. M.D.B 8 M. �14-,,u 61- 49 734.33 6e.st o� 2 . i Z .Off, O J 10 '�71.0� 9.03AC 9% 38 \\j /7 _ a56 ►NORf'CR[CR \ 3 ., yl.l7J o .� 16 LO 2.12 L77AC PM43 - / a 4 v 661.11 . / 39 tis 23 P4� l"=1200' p!�;-' SEE BELOW PARCEL N0.7 35 Js.s+ 2/ti. m�� NORTNFORR 9.29AC 17,3 SAO CIN10_N_C_R_ffR RD I 6.7 LOT 1 „t5 )19.B B 6 O O A b - 131Y60 41.91 AC ,4o.o2 '' m O 31.74 ^ „ 6 20.1 NOTE;These Parcels ore for ossessment _ ,•IJ7B.?O !RS54a3i d'�• N 667.07` C parcels. only f and may not eonJfrrure legal oree/s. ^ a y 12101ACLOT2 4O '"•"�tiNv OO /J 3B.76AC. .3 20O 2AC 0 ^0 '' l f0�42.16AC P2 _ A. 21 RSIIO-5l b ( s 1: e 9.1 •' \ -\ 1� yQB.BH_ 2.03 GE Qr cf43 16 17 /8 19` �t,I 23 mvf SEE ABOVE ��:'O.IBAC 24 m DWR 11-28 \ 4T; Y 2,5/5.47AG CY ly PM - SAL\l00 Iti`:. 1287.01 Y 1 663.46 /Z79AC C,28 23 I ,. `, 'P l\^Y 696."y..62 3 m17.60AC ' l '•,19.66 6 32 1 r ^912.71 2 1- & 4 \ 2 10.79 PM99474It 5',j7o 33 --31 SEE\-ABOVE m (29 3.27 2. This map mayor may not be survey o he land 5B' 71-40 deptC,W*kereon. You should n rely up nit forh.iVROV76'LaEmay not 2 stiwva, - of Ile any purpose other than oriental n to t general da,.lr;tt,a r,:., ,t, r�,. Sliu iioi /oij uN i i , location of the parcel or par s de ted. an;n+•11;>� E Pirie, .!)all o/ir„tir,i oti rii ,�,;•„ f ) BIDWELL TITLE & ESCROW C e essly �c'�'!ti`'� of ri1.4 parcel Ur Pai(,11. f;:,t� disclalms any liability for alleged los r damage as r l',IC,'J�I_l. 71i�•.F e, r.SCt 1OW Co., ox�re' wASly kh may result from rella co on this map. ``' "''("' `�'''' i::-tl-'�+; ':r afle(j. �o<s �r I 11:'.i:•. `�1J Lfl Assessors op No. 6/- 49 County of Buffe,Calif. MOUNT RACHEL SUB, 108 M.O.R.25126,8-26-87 REVISED: 1-93 .tea!rti'.��.F�.s:�YK%vwEtS:gi,3tilf`7i�.'�?��_i•::a.,• ....... .. .. Amok Bidwell Title .& Escrow A L*awft MEHEIr- Since 1929 Preliminary planning Division APR 2 11998 ®rc�ill�,��liforr+ia Main Office Oroville- Paradise Gridley 500 Wall St. 1835 Robinson St. 7126A Skyway 560 Kentucky PO Box 5173 PO Box 811 PO Box 490 PO Box 949 Chico,CA 95927 Orovi lie,CA 95965 Paradise,CA 95967 Gridley,CA 95948 (530)894-2612 (530)533-2414 (530) 877-6262 (530)846-4005 (530)533-2553 FAX(530)533-1589 FAX(530) 872-5129 FAX(530)846-0584 (530)846-4583 FAX(530)894-0713 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS 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'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)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 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. 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 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 if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceability of the 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 the state in which the 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 truth-in-lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this 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. EXCEPTIONS FROM COVERAGE 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: 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. Proceedings by a public agency which may result in taxes or assessments,or notices 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. S. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(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. Reorder Form No. 12599 (Rev. 2/93) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6=1-87) t EXCLUSIONS In addition to the exceptions in Schedule B,you are not insured against loss;costs,attorney's fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includesbuilding 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 the 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 if you bought the land without knowing of the taking 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 ' Y • tnat 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 s f 4. Failure to pay value foryour 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 waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. EXCEPTIONS FROM COVERAGE In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1..Someone..claiming an.interest in your land by reason of: A. Easements not shown in-,the public records ' B: Boundary disputes not shown in the,public records', C. Improvements pwned by your neighbor placed on your land 2..If, in addition to.a single family residence,your existing structure consists of one or more Additional•Dwelling Units,,Item 12 of Covered Title Risks does.*not insure you against loss, costs, attorneys',fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B: The forced conversion of any Additional Dwelling.,Unit back to its original use, if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any'law or government regulation. F t 'ice rt AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS 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'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)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 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. 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) 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(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 to 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 for the insured mortgage 4. Uhenforceability of the 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 the state in which the 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 truth in lending law. 6.. Any statutory lien for services,labor or materials(or the claim or 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 this policy,by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE 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: 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. Proceedings by a public agency which may result in taxes or assessments,or notices 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 by making inquiry of 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 thereof;(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. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS 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'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)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 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. 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) 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 if 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, that is based on: (i) the transaction creatingAhe estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) .to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the'following General Exceptions: EXCEPTIONS FROM COVERAGE 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: 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. Proceedings by a public agency which may result in taxes or assessments,or notices 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 by making inquiry of 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 thereof;(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. 6267 aJuzS r - Pog ... ......... ®Main Office ❑Oroville ❑Paradise ❑ Gridley 500 Wall Street 1835 Robinson St. 7126A Skyway 560 Kentucky St. P.O. Box 5173 P.O.`Box 811 P.O. Box 490 P.O. Box 949 LaDonna Joyner Chico, CA 95927 Oroville, CA 95965 Paradise, CA 95967 Gridley, CA 95948 Chief Executive Officer (530) 894-2612 (530) 533-2414 (530) 877-6262 (530) 846-4005 County Manager (530) 533-2553 FAX (530) 533-1589 FAX (530) 872-5129 FAX (530) 846-0584 (530) 846-4583 Serving the north FAX (530) 894-0713 stare since 1929 PURCHASER/BORROWER: ORDER NO.: 5-182316E ESCROW OFFICER: Christine A. Menezes SHORT TERM RATE: PARCEL MAP REPORT In response to the above referenced application for a Policy of Title Insurance, BIDWELL TITLE & ESCROW COMPANY 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 defect, lien or encumbrance not shown or referred to as an Exception below 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 on the attached cover. Copies of the Policy forms should be read. They are available from the office which issued this Report. Please read the exceptions shown or referred to below and the List of Printed Exceptions and Exclusions set forth in this report carefully. The Exceptions and Exclusions are meant to provide you with notice of matters which are not covered under the terms of Title Insurance Policy and should be carefully considered. It is important to note that this Preliminary Report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. 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 March 25, 1998 at 7:30 a.m. Title Officer HB/NA/gs The form of Policy of Title Insurance contemplated by this Report is: ❑ALTA Residential Title Insurance Policy - (06-01-87) ❑ALTA Loan Policy with ALTA Endorsement Form 1 Coverage - (10-17-92) ❑CLTA Standard Coverage Policy - 1990 ❑ALTA Owner's Policy Form B - (10-17-92) The estate or interest in the said land hereinafter described or referred to covered by this Report is: A Fee Title to said estate or interest at the date hereof is vested in: JOHN ROBERT CAMERON, Trustee of the George Finley Mills Cameron and Dorothy Clare Cameron Revocable Trust, as to an undivided 1/2 interest and DOROTHY CLARE CAMERON, as to an undivided l/ 2 interest At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said Policy form would be as follows: BTECIpre Affiliated with the Chicago Title and Trust Family of Title Insures Chicago, Ticor and Security Union Title Insurance Companies • 0 Order No . 5-182316B EXCEPTIONS 1 . General and Special County taxes for the fiscal year 1998-99, including possible personal property taxes, now a lien, but not yet due or payable. 2 . The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3 .5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3 . An easement over said land for a line of poles and wires for the transmission of electrical energy and incidents thereto, as granted in Deed to Pacific Gas & Electric Company, recorded July 18 , 1939 in Book 227 of Butte County Official Records, at page 458 . Reference is made to said document for the location. 4 . An easement over said land for a line of poles and wires and incidents thereto, as granted in Deed to Pacific Telephone and Telegraph Company, recorded October 6, 1954 in Book 738 of Butte County Official Records, at page 255 . The exact location of said line is not of record in Butte County. 5 . A right of way for road purposes over a strip of land 60 feet in width as described in Deed from George F. Cameron et ux, to Rudolph R. Platzek, et ux, recorded August 18 , 1964 in Book 1330 of Butte County Official Records, at page 645 . Reference is made to the filed map referred to herein for the location. 6 . Easement for road and public utilities purposes 60 feet in width as described in Deed from George F. Cameron, et ux, to Harvey Swaton, et ux, dated June 27, 1967, recorded June 28 , 1967 in Book 1476 of Butte County Official Records, at page 392 . Affects that portion in "Old Plumas Railway" as shown on the filed map referred to herein. 7 . Easement for the purpose stated. herein and incidental purposes Granted to Dorothy Newton, a married woman For Road and public utility purposes Recorded on July 14, 1971 Recorded in Book 1686 of Butte County Official Records, at page 594 Affects that portion in "Old Plumas Railway" as shown on the filed map referred to herein, and Parcels B and C. . 0 EXCEPTIONS: (continued) Order No. 5-182316B 8 . Easement for the purpose stated herein and incidental purposes Granted to Harvey L. Swaton and Paulyne Swaton, husband and wife, as Community Property For Road and public utility purposes Recorded on July 14, 1971 Recorded in Book 1686 of Butte County Official Records, at page 602 Affects that portion in "Old Plumas Railway" as shown on the filed map referred to herein, and Parcels B and C. 9 . Easement for the purpose stated herein and incidental purposes Granted to Milton J. Gowman, et al For Road and public utility purposes Recorded on March 14, 1975 Recorded in Book 1974 of Butte County Official Records, at page 4 Affects that portion in "Old Plumas Railway" as shown on the filed map referred to herein, and Parcels B and C. 10 . Easements, Setback Lines and Note (s) as shown or dedicated by Parcel Map recorded November 17, 1975, in Book 53 of Maps, at page (s) 100 . 11 . Easement for the purpose stated herein and incidental purposes Granted to Pacific Gas and Electric Company, a California corporation For To construct, maintain, and use facilities Recorded on February 12, 1993 Recorded in Butte County Official Records Serial No . 93-6259 Reference is made to said document for the exact location. Assignment To Pacific Bell, a California corporation Recorded on September 27, 1994 Recorded in Butte County Official Records Serial No. 94-40372 12 . Requirement that a signed Trust Certification be furnished prior to recording. • EXCEPTIONS: (continued) Order No . 5-182316B 13 . Information in possession of this company indicates that a division of • land is contemplated in the current transaction involving the land described in this report . Such contemplated division. of land would appear to fall within the purview of the Subdivision Map Act and as a prerequisite to the closing of this transaction, at least one of the following requirements must be accomplished to this Company' s satisfaction: (1) That a Subdivision Map has been recorded in compliance with the Subdivision Map Act or related local ordinances . (2) That a Parcel Map has been recorded in compliance with the Subdivision Map Act of related local ordinances, or (3) That a Certificate of Compliance as provided for in the Subdivision Map Act has been recorded or that all satisfactory evidence indication compliance or non-violation be furnished. END OF EXCEPTIONS i NOTES: Order No. 5-182316B I TAX NOTE: General and Special County and Municipal taxes for the fiscal year 1997-98 First Installment $273 . 65, paid Second Installment : $273 . 65, paid Land $31, 982 . 00 Improvements $22 , 249 . 00 Exemption $-0- AP No. 061-490-024 Code 101-000 NOTE: The land herein was created by Deed recorded March 28 , 1946 in Book 390 of Butte County Official Records, at page 382 . The vestee herein acquired title by Deed recorded January 7, 1977 in Book 2134 of Butte County Official Records, at page 340 . END OF NOTES Y . t • • Order No. 5-182316B SCHEDULE C THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS : ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS : PARCEL A: PARCEL 1, AS SHOWN ON THAT CERTAIN PARCEL MAP BEING A PORTION OF SECTION 17, TOWNSHIP 20 NORTH, RANGE 5 EAST, M.D.B . & M. , FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON NOVEMBER 17, 1975 IN BOOK _53 OF MAPS, AT PAGE 100 . AP NO. 061-490-024 PARCEL B: AN EASEMENT FOR ROAD AND PUBLIC UTILITIES PURPOSES, OVER A STRIP OF LAND 60 FEET IN WIDTH, SAID STRIP BEING THE FORMER RIGHT OF WAY OF THE BUTTE PLUMAS RAILROAD COMPANY, THE CENTERLINE OF SAID STRIP EXTENDING FROM A POINT ON THE EAST AND WEST CENTERLINE OF SECTION 17, TOWNSHIP 20 NORTH, RANGE 5 EAST, M.D.B . & M. , WHICH POINT IS 115 FEET EASTERLY OF THE WEST QUARTER CORNER OF SAID SECTION, NORTHWESTERLY TO A POINT ON THE WESTERLY LINE OF SAID SECTION, WHICH IS 122 FEET NORTH OF SAID WEST QUARTER CORNER. PARCEL C: AN EASEMENT 60 FEET IN WIDTH FOR ROAD AND PUBLIC UTILITY PURPOSES, OVER THE SOUTH 60 FEET OF THAT PORTION OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 20 NORTH, RANGE 5 EAST, M.D.B . & M. , LYING EAST OF OROVILLE QUINCY ROAD. Exec 14 Comp LtI T.20N. R.4a5E. M.D.88M. 1477 c1 6/- 49 I / 6 `9,W3AC 754.53 6e?t A 2 �t m Y 37 9.03AC 6 9` O X1.17 � O .i l6 1.03 ,ti A ori ; Z. i6+ ` /.77AC^ / rn 4 681.44 39 ` - / X39 `4\ y2ii0 Pp4� /"0/200' p, SEE BELOW PARCEL NO.7 35 m++ 0_RK ' r�oasoAno CANYON CREEK ao 9.24AC - .;= l 6.7 LOT 1 " 13ZO .. Z a 6.3 2 _ 4I.9/AC ;.4002/jC��': �A '•\ �j� ^ :, p V31.74 = " „ o y20•I `NOTE;These parcels are for assessment purposes only •,1378.20 �RS54334.19 667.07` and may not Constitute legal porCe/1. 7�-08 L0T2 � !O.IAC•'` w n a 40 !34/.33 /5' .`vi a O '''•' c O 38.76AC. 0. J3 2AC D2020e " %' Opp 42.16AC /2 °a f /[,RS RS A 44 364,19 I 43 �yp8.e) 2.03 16 !7 /e l9 t,l 23 ,. 1 4/ e � �., ;� l ; � DIrsv£ SEE ABOVE AC 24 _ OWR 25 13.47AGp Slvy 1.1-28 22 v' PMS Jl` 1267.09 1 663.46G `� � 17.79AC C+p \ \\ 1696- 6 29 23 17.60AC l ;19.666 32 912.711- 3o 2a/p 79 `,\�'o6x4.47\% ^ S.l \ ' ,•+,r017.69 It PM9$474I1 370/ 33 3/ SEE ABOVE • / � a, (29 3.27 � 2. LAKE OROVILLE \ This map may or may not be a survey of the ialid depicted htirouri. You should not rely upon it for / any purpose other than urientabon to the general. / location of t1pe parcel or parcels depicted. i BIDWEL IT ESCROW CO., expressly_____ _ - 49 disclaims any li bility for alleged loss or damage �� Assessors op No. 6/ which may result from reliance on this map. �I-Oq l County of Butte,Calif. __-....._.MOUNT.RACHEL SUB, IOB M.O.R.25/26,8-26-87 REVISED:/-93 -41 (71 '4coa SCALE 1.200' 11A Oo Z th 50'8LDQ seraArKNr u CASEMEW CONTIMULM 10 f0leaw:M%M AS PER P&ACCL2 2.3,04 aP KED OILWA M 28. ORCEL I? j ANOT 9 POM710AI C-1 OAvis Pqace4 Mop. SUILDWG SITE AS To.) PER MEAL rH DEPT. r X 3 A BLDr.SE179CXUNE t w �'�'si ol 947.84 527'L 171� OWNERS CERTIFICATE 'ek It —- I PARCEL MAP STATE OF CALIFORNAI .,, LEsem.— BAS13 OF BEARING 1 OF A PORTION OF THE SWf OF SECTION IT, T.20 N., R 5E.M.D.M. BUTTE COUNTY . CALIFORY41A 00 uEAsuftED FOR 7%4r GEORGE CAME0.o4 EsrATE- SURVEYORS CERTIFICATE COUNTY SURVEYOR'S CERTIFICATE RECORDER t CERTIFICATE -4Khhla--xnyDALL ENGIWEER.NG 51 0guo D^m 5Lvc�SuITEPZ OROVILLE.CAUFCRNA 9"65 19161 3U-7550 C—SS'. 5,31� C.P mr P-0 ' 49-®m COD 7- L-190-L-10- 0 i ®l c�-r r G- . G5 0 Z x, F - i !I _ i -- P� _ _ _ i. ��� iii �.�4 ur - . = - - — lii�� ,_ _ _ _ — — — iii -- --_ . -- �;i . i� -- ��. -- . „i — ii —. _ __- -- i — _—_ �� �i u ii u ni__ _ _ _ _ ., ' EL: 061 490 007 000 STATUS: A � ! CAMERON DOROTHY CLARE ETAL ' ` 72 GEORGE CAMERON DRIVE ' � BERRY CREEK CA 95916 ` . i EL: 061 490 008 000 STATUS: A ' . . CAMERON JOHN ROBERT TR CAMERON GEORGE FINLEY MILLS REVO | . 14 FOREMAN CREEK ROAD , | BERRY CREEK CA 95916 ! ' EL : 061 480 038 000 STATUS: A BARRON ERA5MO G SR ETAL � | / 3229 GARDEN AVE _- | . � SAN JOSE CA 95111 ` EL: 061 480 039 000 STATUS: A | ' WILLIAMS DANNY E SS | � ' 525 VAN BUREN AVENUE ' / OAKLAND CA 94610 ' EL: 061 480 040 000 STATUS: A � BUSH CHARLES ROBERT 567 E LASSEN AVE #206 � ; CHICO CA 95973 | EL: 061 480 046 000 STATUS: A * PAXTON MARVIN G & VICKI L JT ' y . | ' 108 SYCAMORE CREEK DRIVE � BERRY CREEK CA 95916 |� EL: 061 490 005 000 STATUS : A OZANNE NICK O & GINA G ' | ' 187 NORTH FORK RD ' BERRY CREEK CA 95916 EL: 061 490 006 000 STATUS: A � � WOOD LYNN B ETAL ' 7775 COUNTY LINE RD � CHA-i-SWORTH CA 91311 ' EL: 061 490 012 000 STATUS: A , ALLEN RICHARD H & BARBARA L ! i / 596 PILARCITOS AVE . HALF MOON BAY CA 94019 | ' � EL: 161 490 013 000 STATUS : A ' ' TOMBAUGH VICKI A SS 6316 GASKINS ROAD JACKSONVILLE FL 32244 ^ � 90826 V3 WIAHVNV 9T606 V3 ND393 A 333 NA wevivnI 6LBT QUON A3393 NVW3800 S2 snu j 3173eva 1 0 NHOf N053WV3 f Avivs snVHG13 a isnoi i f N043WO3 V isnivis 000 ENO 065 T90 :13 v onivis 000120 065 190 213 91626 VO A3383 A5836 91606 WD A3383 AU83S N1 3VW VII 2E UVOA A33HO NVW380A NT J3 3VW VUH I M 83MUHSNUM 13NVE A 133004 NHDf N003WVP V :snivis 000 TSS? 065 190 :13 v isnivis 000 020 065 T90 113 GIM6 80 SONIA00UG 9T696 V3 N3333 A3330 3NV1 NVWM09 60696 AG N033WV3 399039 99 If f10'. A.1135 :2 f NOj--I:IW NVWMO!-) (VAG 83) VGNAA I M Hi3NN3A NNna V ssnivis 000 620 065 190 113 v isnivis 000 6 T O 065 T90 :13 59606 V3 3111A030 9T6S6 V3 A3333 AN53a AMH WID 5666 AG N033WV3 393039 C8 nbi NVAE 3M36 I NIMGD M343141111- SS H WVIMIM XOA isn8i AmwvA ii3mimi V vnivis 000 820 069 T90 113 v :snivis 000 S T O 065 T90 113 T9EG6 V3 31UGAVO 91626 WO A3383 A8838 AVM A3383 NUM E02 50 NOH3WV3 39303S 66 3315no1 f SIVAIM Honog SS 3NV1 GUM isn8i AIIWVY H9ADS V :snivis 000 L20 065 T90 V13 v isnivis 000 LTO 065 T90 D13 SS906 V3 MOM% 9T626 VO 43343 A343E AVM GdI89NIN30W 966.17 30 N043WVD 393039 6 T T S33isndi W VON 11 ? V AAVW MOM isnoi A133EWIN A 3 ANVO 113>314-1. Ai AIIWVA W VGNIV I V AAVW WOW ISFI.'t-11 WeV30A38 AIIWVV i13>31bi V isnivis 000 920 065 190 113 v isnivis % 910 06V 190 99206 V3 A311VA ON15V3 9T696 V3 13D83 A4438 133HIS N803V 6092 GUOU MOAHIMN 6C 13bV99VW Hqnvewoi o/3 if !V13 3 NHOf WAING SS 331 WIG& Honvami v isnivis 000 G20 065 T90 913 w anivis 000 210 065 190 N13 /'4P Q 4 4 .• J :z a a � z , d � w z , 9 5CALE I" = 300' � a z Q N 91TE & r / Q n` �7A SYU���{p,R � rOAPJ,HMr CI[14 ~ �RGC,ARiI. LAXE O� QQOVILL 5 STATE a2B.C."ARCA R R�/ ftTTEA z � - J C LOCATION MAP NTA ,g OL dJa N w N W OWNER/ BOB CAMERON a APPL-ICAWT : 14 FOREMAN CREEK RD, 9 BERRY CREEK , GA. C)S91(, 19 Q. a 4 0 SEWER "INDIVIDUAL SEPTIC a Iv Q N WATER INDIVIDUAL WELLS' ZONING U 1 A.P.N. lot--49- 7 6,*2B E 24 REZONE TO FR - 10 FOR Piamiln I fivisi !1 APR 2 1 199 X08 CAMERON oon t ■lam ' • CIVIL EN ERS LAN l�OdQ Q6GS LAND SURVEYORS P.O.BOX 936 OROVILLF., CAL. 95965 �r 58 Ph.(916)534-9587 9B 059 I II Q r Q d Q N N d �9 S c(1 w Z a 4 Z w � Q N QJ. y 400 dp , cli Q N Q N 7 / w O i AV A.P.N. (o1-49-24 ROP n V. 30 AC.S.t Si � qa dJa � '�,r a 2 N w w 19Lo 0321`.fa 3' n O 4. O \ ' Q N Q N � NI 1. RE/v1AfJ �P N +1 A.P.N. (v1-49-19 ZONE : Lf , GEN.PLAN: T d, Q A.P.N. (ol-49-18 S ZONE: U., GEN. PLAN'. T Q: O A.P.N. (of-49-1-1 a Z ONE: U, GEN. PLAID: T A.P.N. (DI -49-1(o A.P.N. toI-49-IS ZOWE : U, GEN. PLAN : T ONE.' U, GEN. PLAN:T A.P.N. (01-49-43 ZONE: U, GEN. PLAW:T e. I CONTOUR,5 40' INTERVALS II i Q z Z y�. Q J � N Z a � W J oa d `9 N Z i W 13 .. dw -2 2 o a o w Q N a O w p. Q N 19m A.P.N. (61-49-08 / ACS.± �\ � I25ro.4'L' - ?,too l2 A.P.u• lot-49-07 A.P.N. G 54- ACS.± N +I ZONE : u�; EXI9TImG HOME / `t Q A.P.N. S ZONE: U \110 �i - n: o ?A.P.A1. (of l3t(o.(00' 4 ZONE : L' A.P N. Col Q 00°1(0' 28"W A.P.N. (at-49-15 zowp- : L 4 4 Q a ZDNE: U, GEN. PLAN:T- F" '2 Z Z ZONE: U, GEN. PLAM: p �fl J J N t(1 J Ora � a � : 19 Q � z a .. a . . a .. y. a w Qw iui Qw a 7 a o �!.; CONTOURS 4( ............ .......... .. ........... ................ .............. ................ . ............ ........... ............ .............................. ..................... ........... ':::t1ff:2E: CRITICAL .............. ................................ ... .. ................................. WINTER 40 ACRE MINIM - M �� IN DEER HERD AREA, >_..... DEVELOPMENT PERMITTED .19 ac i » e E> .................. ................................. IN DE ' AREA, DEVE '?..:; MENT PERMIT D z{»` »s. NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 MAR 11999 X Butte County Clerk CJ DA JJ &RUB' Butte Co.CleA FROM: Butte County Planning L3 Deputy 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: REZ 98-04, Rezone AP Number: 061-490-007, 008, 023 &024 Applicant: Bob Cameron, 14 Foreman Creek Rd., Berry Creek, CA 95916 State Clearinghouse Number(If submitted to clearinghouse): Contact Person: Stephen Betts Telephone Number: 538-7601 Project Location: on both sides of Ratchel Mountain Road, at 40 Ratchel Mountain Road, and on the north side of George Cameron Road at 72 George Cameron Road, Berry Creek Project Description: Rezone from Unclassified to FR-10 (Foothill Recreational - 10 acre parcels) This is to advise that the Butte County Board of Supervisors has approved the above-described project on February 23, 1999, and has made the following determinations regarding the above-described project: 1. The project will,_X_will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were,_X_were not, made a condition of the approval of the project. 4. A statement of overriding considerations was,_X_was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 `Rlandy W i I s Principal Planner -� ( DECLARATION OF FEES DUFS ifornia Fish and Game Code Section 11.4) NAME AND ADDRESS OF APPLICANT Bob Cameron 14 Foreman Creek Rd. Berry Creek, CA 95916 (530) 589-1647 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 ( ) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION- FEE REQUIRED (X) 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) $25.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #17034 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Planner _ Lead Agency: Butte County Department of Development Services Date: March 10, 1999 TWO COPIES OF THIS FORMMUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. 7—77-77 7 -7`7777-77777 -C6 rA --0 DATE "OCEIITTOTAL PUBLIC LAIC. "a —AE$ PUBLIC ZONING E N RECEIVED wo..s PERMITS DOCUMENTS e ALT. oT.Ep APPLICANT RECEIVED FROM RECEIPT 17034 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY GEORGE FINLEY MILLS CAMERON 1002 REVOCABLE TRUST JOHN R. CAMERON,TRUSTEE 90-4202/1211 14 FOREMAN CREEK RD. BERRY CREEK,CA. 95916 --r A . v TOT IE I R gjol�ll YDE ROF-.�t '/14-' OLLARS jaE g, Butte 44% Community Bank 2 1-888-84BUTTE(28883) FO 1: 1 2 11 L. 26 2 51:0 200 13 2 2803/ii-y 100 22 O HARLAND 1995 INTER-DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Honorable Chair and Board of Supervisors From: Development Services Department,Planning Division Subject: Rezone for Bob Cameron, File#RZ 98-04 Date: February 3, 1999 STAFF COMMENT This item was continued from the January 26, 1999, Board'of Supervisors meeting at the request of the applicant. The reason for the continuance was to allow staff to collect additional information regarding critical deer winter range. Staff obtained a copy of the report of the Committee on Fish and Game on 40-acre minimum parcel sizes for parcel located in critical deer winter range,.dated December 3, 1982. Staff also obtained the actions taken at the December 21, 1982,Board of Supervisors hearing on the report. The Board accepted the report of the Committee,but made some changes to the proposed policy. As found in the January 26, 1999 Board agenda report this policy states: "We propose that the policy on Parcel Maps and Subdivisions in identified areas of deer habitat and migration,when denied on the basis of a general state policy of 40 acre minimums, require a response from the State Fish and Game Department which includes specific,data or scientific information from the project area in determining a substantial impact. We should continue to use our General Plan, zoning, topography and present parcel sizes in an area in consideration of projects." As of the writing of this memo staff has been unable to contact the Department of Fish and Game to clarify the issues of this project. Staff hopes that this contact can be made and information obtained for the Board prior to the February 9, 1999 hearing on this project. K:\PROJECTS\REZ\CAMERON.REZ\13OS2-9.MEM ■Department of Development Services-Planning Commission Agenda Report N Page 1 A Jan-27-99 11 :27A BUTTE COUNTY ADMIN 530 538 7120 P.02 DECEMBER 3, 1982 TO: BOARD OF SUPERVISORS FROM: SUPERVISORS SARACENI AND WrEiJ.ER - COI4MITTEE ON FISH AND GAME I55UE RE; COMMITTEE REPORT - 40 ACRE MINIMUM PARCEL SIZES IT IS OUR UNDERSTANDING THAT TIE ADVISORY AGENCY I5 IdAITING FOR A SPECIFIC POLICY FROM THE BOARD OF SUPERVISORS REGARDING THE 40 ACRE MINIMUM PARCEL SIZE RECOMMENDED BY THE STATE FISH AND GAME DEPARTMENT IN- DEER HABITAT AND MIGRATION AREAS AND IS CONTINUING THEIR OWN POLICY OF DENYING PARCEL SPLITS THAT DO NOT CONFORM TO THE 40 ACRE MINIMUM. AS WE WERE ADVISED BY THE STATE REPRESENTATIVES AT OUR JOINT MEETING. SINCE THIS 40 ACRE MINnUM IS A STATEWIDE RECOMMENDATION AND ODES NOT TAKE SPECIFIC INFORMATION (IE.' - GENERAL PLANS, ZONING, PRESENT PARCEL SIZES IN THE AREA , TOPOGRAPHY, ETC. ) INTO CONSIDERATION IN REGARDS TO THEIR RESPONSE TO PARCEL SPLITS AND SUBDIVISION MAPS, FINAL DECISIONS ARE MADE BY BOARDS OF SUPERVISORS. WE PROPOSE THE POLICY ON PARCEL MAPS AND SUBDIVISIONS IN IDENTIFIED AREAS OF DEER HABITAT AND MIGRATION NOT BE DENIED ON THE BASIS OF A GENERAL STATE { POLICY OF 40-ACRE MINIMUMS, BUT WOULD REQUIRE A RESPONSE FROM THE STATE FISH AND GAME DEPARTMENT TO INCIbDE SPECIFIC DATA OR SCIENTIFIC INFORMATION FROM THE PROJECT AREA IN DETERMINING A SUBSTANTIAL IMPACT 'WOULD OCCUR AND CONTINUE TO USE OUR GENERAL PLAN, ZONING, TOPOGRAPHY AND PRESENT PARCEL SIZES IN AN AREA IN APFROVAL OF PROJECTS. ALSO, =WE RECOMMEND SENDING A LETTER OF SUPPORT TO THE CALIVORNIA COUNTY PLANNING COMMISSIONERS ASSOCIATION, STATE ASSEMBLY, STATE SENATE, AND THE GOVERNOR ELECT OF THE STATE OF CALIFORNIA FOR THE RESOLUTION OPPOSING_ STATE ENCROACHMENT ON LOCAL LAND USE AUTHORITY PASSED AT THr- 10.82 CALIFORNIA COUNTY PLANNING COMMISSIONERS' ASSOCIATION MES"ll . er .� M ,_ � ,t �� � .. � J� �. � + � i r i ,�., •: • � _ �� k .. ' 1 .F•� � .� .y � ' . • • � � � � f• .� -► � December 21, 1982 Recess: 9:40 a.m. Reconvene: 9:55 a.m. 4.01 Selection of Treasurer - Tax Collector I MOTION: TO APPOINT EDNA BILLS AS TREASURER S M VOTE: 1 2 3 4 5 (Unanimously carried) 4.04 Policy regarding legal counsel at Advisory Agency meetings. (Supervisor Dolan) MOTION: TO ACCEPT THE POLICY REGARDING COUNSEL ATTENDANCE AT ADVISORY AGENCY MEETINGS AS OUTLINED IN A MEdO TO THE BOARD BY SUPERVISOR DOLAN DATED DECEMBER 17, 1982. M S VOTE: 1 2 3 .4 5 (Unanimously carried) 4.07 Resolution - opposing state encroachment on legal land use authority. MOTION: TO SEID A LETTER OF SUPPORT TO APPROPRIATE AGEtiCIES IN SUPPORT OF THE RESOLUTION OPPOSING STATE ENCROACH- MENT ON LOCAL LP11D USE AUTHORITY PASSED AT THE 1982 CALIFORNIA COUNTY PLPu�IDIING COI�Ss4ISSI0NERS' ASSOCIATION MEETING._ S VOTE: 1 2 3 4 5 (Unanimously carried) L/4.10 Consideration of committee report regarding 40 acre minimum parcel size recommended by the State Fish and Game Department in deer habitat and migration areas. MOTION: TO ACCEPT THE REPORT OF THE FISH AND GAME CO6DIITTEE AS OUTLINED I14 THEIR MEMO TO THE BOARD DATED DECE4BER 3, 1982, WI'i':I CHANGES TO THE WORDING PROPOSED BY SUPERVISOR FULTON AS FOLLaIS: "WE PROPOSE THAT THE POLICY ON PARCEL MAPS AiJD SUBDIVISIONS IN IDENTIFIED AREAS OF DEER S BITAT AND MIGRATION, WHEN DENIED ON THE BASIS OF A G EIERAL STATE POLICY OF 40 ACRE MINIMUMS, REQUIRE A RESPONSE FROM THE STATE FIS:, AND GAME DEPARTMENT WHICH INCLUDES SPECIFIC ; Dr:TA OR SCIEiNTIFIC INFORI4IATION FROM THE PROJECT AREA IN D TEEPIIINING_ A SUBSTANTIAL IrLPACT. WE SHOULD CONTINUE TO USE OUR GENERAL PLAN, ZONING, TOPOGRAPHY AND AND PRESENT PARCEL SIZES IN AN AREA IN CONSIDERATION OF PROJECTS. !4 S VOTE: 1 2 3 4 5 (Unanimously carried) INTRODUCTION OF AND CONGRATULATIONS TO EDNA BILLS, THE NF LY- APPOINTED TREASURER/TAX COLLECTOR TOOK PLACE AT THIS TIME. 5.01 David Wise - appeal re parcel map, AP 56-11-02, Hollow Oak Jan-27-99 11 : 28A BUTTE COUNTY AOMIN 530538 . 7120 P-03 �N California County Planning Commissioners Association Hilda Wheeler, Chairwoman Butte Co. Board of Supervi9ors Enclosed is a resolution passed at our 1982 California County Planning Comr�is9tohere.' Association meeting which pretty much expresses the. concorna o: the County Planning Commissioners state-wide. We feel the real strength in thi; state or any state and the whole nation'com _ de from. the grass roots, and we believe that a free people shauld' start at home with the responsibilities of governing themselves and solving the local problems. 'Ile elect people to ghe_5tat@' .end National political bodies to deal with the issues, Euzd problems-that cannot be solved by our local government bodies4l .htit we do strongly resent the dilution of the local goverament r© onsibilities. In the interest of good planning and good sound government, we hope you will take the necessary-'steps to insure the continuance of local control over local land use issues and other local government responsibiliti.es. Very truly yours Donald H. Williams President, CCPCA November, 1982 Jan-27-99 11 :28A BUTTE COUNTY ADMIN 530 538 7120 P.04 California Count Planning g Commissioners Association RESOLUTION OPPOSING STATE ENCROAC1111ENT ON LOCAL LA10 USE AUTHORITY ,'rr�aRE<ts, the County Planning Commissioners' Association of California ( "Association") consists of al; planning cormnissions in the State; and i''� 'NHEREAS, olanni4'Qn.misaioner3 are vested by law with the authority and responsibility for assisting in the development and iniplementation.of general planning and coning regulation at the local Iev'el'; cad. MIEREAS, the Association- is established to, in part, further the education of i`ts .peinb.era :p..^to assure that legal responsi- bilities are properly dischgrged;` Lnd WHEREAS, recent 1ogisl*ai on: nfli-sate s a possible trend for the State to become increasingly i:nvolvSd in local land use issues heretofore left for local- cont-role; and" WHEREAS, the Association is -concerued over the aforesaid trend, NOW WHEREFORE BE IT RESOLVED. the •County planning Commissioners' Association of California hgreby expresses its concern and generally opposes actions by the State Legislature to preempt, or otherwise interfere with, local goverment responsibilities in matters relating to local control over land uses. BF IT FURTHER RESOLVED copies of this resolution should be transmitted to members of the State Assembly, State Senate, the Governor of the State of California, find C`jaj.r•persons of the County 3oards of Supervisors. INTER-DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Honorable Chair and Board of Supervisors From: Development Services Department,Planning Division Subject: Rezone for Bob Cameron,File#RZ 98-04 Date: February 3, 1999 STAFF COMMENT This item was continued from the January 26, 1999,Board of Supervisors meeting at the request of the applicant. The reason for the continuance was to allow staff to-collect additional information regarding critical deer winter range. Staff obtained a copy of the report of the Committee on Fish and Game on 40-acre minimum parcel sizes for parcel located in critical deer winter range, dated December 3, 1982. Staff also obtained the actions taken at the December 21, 1982, Board of Supervisors hearing on the report. The Board accepted the report of the Committee,but made some changes to the proposed policy. As found in the January 26, 1999 Board agenda report this policy states: "We propose that the policy on Parcel Maps and Subdivisions in identified areas of deer habitat and migration,when denied on the basis of a general state policy of 40 acre minimums, require a response from the State Fish and Game Department which includes specific data or scientific information from the project area in determining a substantial impact. We should continue to use our General Plan, zoning, topography and present parcel sizes in an area in consideration of projects." As of the writing of this memo staff has been unable to contact the Department of Fish and Game to clarify the issues of this project. Staff hopes that this contact can be made and information obtained for the Board prior to the February 9, 1999 hearing on this project. K:\PROJECTS\REZ\CAMERON.REZ\BOS2-9.MEM ■Department of Development Services-Planning Commission Agenda Report Page 1 9 Jan-27-99 11 :27A BUT COUNTY ADMIN 530 38 7120 P.02 DECEMBER 3, 1982 TO: BOARD OF SUPERVISORS FROM: SUPERVISORS SARACENI AND WHEZUR - COMMITTEE ON FISH AND GAME ISSUE RE. COMMITTEE REPORT - 40 ACRE MINIMUM FARCF.L SIZES IT IS OUR UNDERSTANDING THAT TIE ADVISORY AGENCY IS 14AITING FOR A SPECI`r°IC POLICY FROM THE BOARD OF SUPERVISORS REGARDING THE 40 ACRE MINIMUM PARCEL SIZE RECOMMENDED BY THE STATE FISH AND GAME DEPARTMENT IN DEER HABITAT AND MIGRATION AREAS AND IS CONTINUING THEIR OWN POLICY OF DENYING PARCEL SPLITS THAT DO NOT CONFORM TO THE 40 ACRE MINIMUM. AS WE WERE ADVISED BY THE STATE REPRESENTATIVES AT OUR JOINT MEETING. SINCE 1 I THIS 40 ACRE MINIMUM IS A STATEWIDE RECOMMENDATION AND DOES NOT TAKE 5PECIFIC 1 INFORMATION (IE. - GENERAL PLANS. ZONING, PRESENT PARCEL SIZES IN T;iE AREA . TOPOGRAPHY. ETC. ) INTO CONSIDERATION IN REGARDS TO THEIR RESPONSE TO PARCZL SPLITS AND SUBDIVISION MAPS, FINAL DECISIONS ARE MADE BY BOARDS OF SUPERVISORS. WE PROPOSE THE POLICY ON PARCEL MAPS AND 5RJBDIVISIONS IN IDENTIFIED AR✓AS OF DEER HABITAT AND MIGRATION NOT SE DENIED ON THE BASIS OF A GENERAL STATE { POLICY OF 40 ACRE MINIMUMS, BUT WOULD FVQUIRE A RESPONSE FROM THE STAT:. FISH AND GAME DEPARTMENT TO INCLUDE SPECIFIC DATA OR SCIENTIFIC INFORMATION FROM THE PROJECT AREA IN DETERMINING A SUBSTANTIAL IMPACT WOULD OCCUR AND CONTINUE TO USE OUR GENERAL PIAN, ZONING, TOPOGRAPHY AND PRESENT PARCEL SIZES IN AN AREA IN APPROVAL OF PROJECTS. ALSO, WE RECOMMEND SENDING A LETTER OF SUPPORT TO THE CALIFORNIA COUNTY PLANNING COMMISSIONERS ASSOCIATION, STATE ASSEMBLY, STATE SENATE, AN4D THE GOVERNOR ELECT OF THE STATE OF CALIFORNIA FOR THE RESOLUTION OPPOSING_ STATE ENCROACHMENT Og LQCALLAND USE UTHORI7� PASSED AT THE 1982 CALIFORNIA COUNTY PLANNING CO:�SSIONERS' ASSOCIATION ME:,iING. December 21, 1982 Recess: 9:40 a.m. Reconvene: 9:55 a.m. 4.01 Selection of Treasurer - Tax Collector MOTION: TO APPOINT EDNA BILLS AS TREASURER S M VOTE: 1 2 3 4 5 (Unanimously carried) 4.04 Policy regarding legal counsel at Advisory Agency meetings. (Supervisor Dolan) MOTION: TO ACCEPT THE POLICY REGARDING COUNSEL ATTENDANCE AT ADVISORY AGENCY MEETINGS AS OUTLINED IN A MEMO TO THE BOARD BY SUPERVISOR DOLAN DATED DECEMBER 17, 1982. M S VOTE: 1 2 3 .4 5 (Unanimously carried) 4:07 Resolution - opposing state encroachment on legal land use authority. MOTION: TO SaiD A LETTER OF SUPPORT TO APPROPRIATE AGENCIES IN SUPPORT OF THE RESOLUTION OPPOSING STATE ENCROACH- MENT ON LOCAL L.ATD USE AUTHORITY PASSED AT THE 1982 CALIFORNIA COUNTY PLANNING CO�DMISSIONERS' ASSOCIATION MEETING. _ M S L//4. / VOTE: 1 2 3 4 5 (Unanimously carried) L/ 4.10 Consideration of committee report regarding 40 acre minimum parcel size -recommended by the State Fish and Game Department in deer habitat and migration areas. MOTION: TO ACCEPT THE REPORT OF THE FISH AND GAME COhZIITTEE AS OUTLINED Itd THEIR MEMO TO THE BOARD DATED DECEMBER 3, 1982, WI1`H CHANGES TO THE WORDING PROPOSED BY SUPERVISOR FULTON AS FOLLOt"iS: "WE PROPOSE THAT THE POLICY ON PARCEL MAPS AND SUBDIVISIONS IN IDEDITIFIED AREAS OF DEER BABITAT AND MIGRATION, WHEN DENIED ON THE BASIS OF A GEiERAL STATE POLICY OF 40 ACDF' MINIMUMS, REQUIP.E A RESPONSE FROM THE STATE FISH AND GAME DEPARTMENT WHICH INCLUDES SPECIFIC ; DATA OR SCIENTIFIC INFOR14ATION FROM THE PROJECT AREA IN =ERMINING. A SUBSTANTIAL PLDACT. WE SHOULD CONTINUE TO USE OUR GENERAL PLAN, ZONING, TOPOGRAPHY AND AND PRESEiT PARCEL SIZES IN AN AREA IN CONSIDERATION OF PROJECTS. Ai S VOTE: 1 2 3 4 , 5 (Unanimously carried) INTRODUCTION OF AND CONGRATULATIONS TO ED;IA BILLS, THE NE'"vLY- APPOINTED TREASURER/TAX COLLECTOR TOOK PLACE AT THIS TIAL. �� na.,iri wiaP - aooeal re parcel mao, AP 56-11-02. Hollow Oak Jan-27-99 11 :28A BUT COUNTY ADMIN 530 -538 7120 P.03 California County' Planning Commissioners Association Hilda Wheeler, Chairwoman Butte Co. Dnard of Supervisors Enclosed is a resolution passed at our 1382 California County Planning Commisui=O - re.' Association meeting which pretty much expreses the..concorna of the County Planning Commissioners state-wide. We feel the real s.trength,in this state or any state and the whole nation'cbmee from. the grass roots, and we believe that a free people shaul& start at home with the responsibilities of governing theins@Ives and solving the local problems. We elect people ta.;the_5tate .and National political bodies to deal with the issu'4-8jid.• problems .that cannot be solved by our local Aover=.ent bodies .bit we'.do strongly resent the dilution of the local government re onsibilities. In the interest of good planning and good sound government, we hope you will take the necessary stens to insure the continuance of local control over local land use issues and other local government responsibilities. Very truly yours t1 Donal1 H. Williams Prc3ident, CCPCA November, 1962 Jan-27-99 11 :28A BUT. COUNTY ADMIN 530 538 7120 P.04 r , California County Planning Commissioners Association RESOLUTION OPPOSING STATE ENCROACHMENT ON LOCAL LAND USE AUTHORITT - KERE.tS, the County Planning Commissioners' Association of California ("Association") consists of atA •pla.nning comaissions in the State; and r':'s •-- WHEREAS, plannirkiSconmisaioners are vested by law with the authority and responsibility for assisting in the development + and isiplementation.of gene -al planning and zoning, regulation at the local Ievel'; Aad. VrHERc:AS, the Association- is es.tablished to, in part, further the education of tts'Meinb.eTWp..^to assure that legal responsi- bilities are properly di.scharged;' and fir - TIHERLAS, recent logzsl•At.orx:ind sates a possible trend for the State to become increasingly involy;d in local land use issues heretofore left for local- control,; and•* 'IfflZRLAS, the Association is -concerted over the aforesaid trend, NOW WHEM20RE BE IT RLSOL"ED the County planning Commissioners' Association of California hffreby expresseer its concern and generally opposes actions by the State Legislature to preempt, or otherwise interfere with, local government responsibilities in matters relating to local control over land uses. BE IT FURTHER RESOLVED copies of this resolution should be transmitted to members of the State Asserably, State Senate, tine Governor of the, State of California, and C'ja.j.r•persons of the County Boards of Supervisors. rT'T.77-77�7.717 -7. . "7 5 DATE RECEIPT TOTAL PUBLIC LAFCO use VARIANCES PUBLIC ZONING ENV OTHER APPLICANT RECEIVED FROM No. RECEIVED WORKS PE!Rmlys DOCUMENTS HEALTH I RECEIPT 17104 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY FRANKLIN MONEY FUND • PAYABLE THROUGH BANK OF AMERICA 99 ti 530 LYTTON AVENUE P.O. BOX 180 PALO ALTO,CA 94301 —19 11-35/1210 PAY TO THE ORDER-OF $ 7Z 7- ',3 DOLLARS ARS NOT VALID FOR LESS THAN$100.00 J R CAMERON TTEE G F MILLS& D C CAMERON REV MARITAL TR UDT DTD 12-1 -66 J 14 FOREMAN CREEK ROAD -7z�7 BER I RY CREEK CA 95916,-1602 MEMO _—ay .5.Z!�=9-4-rl lqo 11,00 G i��o Ici.99,10 I: L210003SI31: I L2113 20 1111, 4 utteCounty LAND OF NATURAL WEALTH AND BEAUTY �o 1b•1N y:,t � — •r 8 . PLANNING DIVISION 4,,�' DEPARTMENT OF DEVELOPMENT SERVICES -. 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 March 26, 1999 Bob Cameron 14 Foreman Creek Road Berry Creek, CA 95916 RE: Rezone,File No. REZ 98-04 Dear Mr. Cameron: I The total cost for the processing of the above-referenced application which was approved by the Board of Supervisors on February 23, 1999, is$2,719.25. As of April 21, 1998, a deposit was made in the amount of$2,000.00. The costs exceeded the deposits by $719.25. Below is a breakdown: Deposit on 4-21-98,Receipt No. 16333 $2,000.00 Professional Planner $2,168.25 Mapping $ 162.25 Clerical $ 388.75 Total $2,719.25 Total Amount Due&Payable $ 719.25 Please make a check payable to the Butte County Treasurer in the amount of$719.25 and remit it to the Department of Development Services, Planning Division at 7 County Center Drive, Oroville, CA 95965 within 30 calendar days. Should you have any questions,please contact Brian Larsen in this office Monday thru Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely, Thomas A. Parilo Director of Development Services TAP'ib EDate 04/01/99 • Development Services Depoment Time 9113 am Applicant Billing Worksheet Page 1 REZ 98-04 * Bob Cameron 14 Foreman Creek Road Berry Creek, CA 95916 In reference to Rezone, AP#061-490-007, 008 , 023 , 024 Rounding * None Full Precision No Last bill / / Last aging Last charge 03/05/99 Last payment / / Amount $0 . 00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 04/20/98 Teri B. / C 2 . 00 68 . 00 416389 Clerical 34 . 00 04/20/98 Steve L. / LR 0 . 50 29 . 50 #16495 LAFCo Review 59 . 00 04/20/98 Steve B. / P 1 . 25 73 . 75 #16536 Processing, 59 . 00 05/04/98 Steve B. / P 7 . 00 413 . 00 #16585 Processing 59 . 00 05/04/98 Larry P. / P 1 . 50 88 . 50 #16702 Processing 59 . 00 06/01/98 Steve B. / P 1 . 50 • 88 . 50 #17186 Processing 59 . 00 06/15/98 Steve B. / P 4 . 25 250 . 75 #17364 Processing 59 . 00 06/29/98 Craig S . / P 1 . 00 59 . 00 #17712 Processing 59 . 00 07/13/98 Steve B. / P 2 . 00 118 . 00 #17856 Processing 59 . 00 07/27/98 Steve B. / P 4 . 75 280 . 25 #18112 Processing 59 . 00 08/10/98 Steve B. / P 2 . 50 147 . 50 418320 Processing 59 . 00 08/24/98 David D. / P 1 . 25 73 . 75 #18600 Processing 59 . 00 Date 04/01/99 Wevelopment Services Depa*ent Time 9 -13 am Applicant Billing Worksheet Page 2 REZ 98-04 * :Bob Cameron (continued) Date/Slip# Description HOURS/RATE AMOUNT TOTAL 09/07/98 Steve B. / P 1 . 00 59 . 00 #18748 Processing 59 . 00 09/07/98 David D. / P 1 . 25 73 . 75 #18798 Processing 59 . 00 09/07/98 Larry P. / P 0 . 50 29 . 50 #18844 Processing 59 . 00 09/07/98 Lynn R. / C 0 . 50 22 . 50 #18863 Clerical 45 . 00 09/21/98 Lynn R. / C 1 . 25 56 . 25 #19101 Clerical 45 . 00 09/21/98 David D. / P 1 . 00 59 . 00 #19130 Processing 59 . 00 10/05/98 Lynn R. / C. 0 . 50 22 . 50 #19402 Clerical 45 . 00 11/02/98 Lynn R. / C 0 . 25 11 . 25 #19933 Clerical 45 . 00 11/16/98 Larry P. / P 0 . 75 44 . 25 #20114 Processing 59 . 00 11/16/98 Lynn R. / C 0 . 25 11 . 25 #20139 Clerical 45 . 00 11/30/98 Lynn R. / C 2 . 00 90 . 00 #20338 Clerical 45 . 00 12/14/98 Lynn R. / C 0 . 50 22 . 50 #20562 Clerical 45 . 00 12/14/98 Randy W. / P 0 . 50 29 . 50 #20597 Processing 59 . 00 12/28/98 Steve B. / P 1 . 00 59 . 00 #20824 Processing 59 . 00 12/28/98 Randy W. / P 0 . 50 29 . 50 #20988 Processing 59 . 00 I Date 04/01/99 Wevelopment Services Depa ment Time 9 :13 am Applicant Billing Worksheet Page 3 REZ 98-04 * :Bob Cameron (continued) Date/Slip# Description HOURS/RATE AMOUNT TOTAL 01/11/99 Steve B. / P 4 . 00 236 . 00 j #21122 Processing 59 . 00 01/11/99 Lynn R. / C 1 . 00 45 . 00 - #21258 5 . 00#21258 Clerical 45 . 00 01/25/99 Randy W. / P 1 . 75 103 .25 DO NOT BILL #21348 Processing 59 . 00 01/25/99 Steve B. / P 1 . 50 88 . 50 #21478 Processing 59 . 00 02/08/99 Lynn R. / C 0 . 50 22 . 50 421682 Clerical 45 . 00 02/22/99 Teri B. / C 0 . 50 17 . 00 #21946 Clerical 34 . 00 TOTAL BILLABLE TIME CHARGES 48 . 75 $2 , 719 . 25 TOTAL DO NOT BILL TIME CHARGES 1 . 75 $103 . 25 TOTAL BILLABLE COSTS $0 . 00 TOTAL NEW CHARGES $2 , 719 . 25 PAYMENTS/REFUNDS/CREDITS 04/21/98 Deposit - Receipt #16333 (2., 000 . 00) 04/01/99 Deposit - Receipt #17104 (719 . 25) TOTAL PAYMENTS/REFUNDS/CREDITS ($2 , 719 . 25) NEW BALANCE TOTAL NEW BALANCE $0 . 00 3 • u • NOTICE OF DETERMINATION I ell TO: _ Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 INS t�1�►� 11 X Butte County Clerk CA AC J: GRUB 5,Butte Go:clerk FROM: Butte County Planning l 6puty. 7 County.Center Dr., Oroville 95965 E3!/ SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: REZ 98-04, Rezone AP Number: 061-490-007, 008, 023 &024 Applicant: Bob Cameron, 14 Foreman Creek Rd., Berry Creek, CA 95916 State Clearinghouse Number(If submitted to clearinghouse): Contact Person: Stephen Betts Telephone Number: 538-7601 Project Location: on both sides of Ratchel Mountain Road, at 40 Ratchel Mountain Road, and on the north side of George Cameron Road at 72 George Cameron Road, Berry Creek Project Description: Rezone from Unclassified to FR-10 (Foothill Recreational - 10 acre parcels) This is to advise that the Butte County Board of Supervisors has approved the above-described project on February 23, 1999, and has made the following determinations regarding the above-described project: 1. The project will,_X will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of C EQA. _X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were,_X_were not, made a condition of the approval of the project. 4. A statement of overriding considerations was,_X_was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 andy Wils Principal Planner •IECLARATION OF FEES DUE (California Fish and Game Code Section 7110 NAME AND ADDRESS OF APPLICANT Bob Cameron 14 Foreman Creek Rd. Berry Creek, CA 95916 (530) 589-1647 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 ( ) B. De Minimus Impact- Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION-FEE REQUIRED (X) A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER(Specify) $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). #17034 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: March 10, 1999 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. 8 t 3 y. kills- DATE "EC EIPr rorAl PUBLIC LAPCO U-a VARIANCES PUMLIc ZONING a.v 0—a" APPLICANT RECEIVED FROM NO. REcE1VED WORKS PERMITS DOCUMENTS HEALTH RECEIPT 1 f V 3 4 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING . ISSUED BY 1 GEORGE FINLEY MILLS CAMERON 1002 " REVOCABLE TRUST JOHN R. CAMERON,TRUSTEE M 90,420211211 14 FOREMAN CREEK RD. BERRY CREEK,CA.95916 �� gjA l1TI IE .,...� $ J/�y� OaL w / / OLLARS M a.n Bu ..yamnte i 7-BB8-BABUTTE(48883an30 FOR � 20 i: 1, 211,42 2S40200L32280u L002 ti 0 HASILAND INSrd ...>, '1"1':. "• -;,N•,:jcY>.C.Ict•:. ,t4�•: ..G -:IIMY'.*+�: ... '.}mfr'.. `a(... y' I.,. a o , c APPENDIX G NEGATIVE DECLARATION F. TARDING 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. 061-490-007, 008,023 &024 2. DESCRIPTION OF PROJECT: Rezone from Unclassified to FR-10(Foothill Recreational- 10 acre parcels) 3. LOCATION OF PROJECT: on both sides of Ratchel Mountain Road,at 40 Ratchel Mountain Road, and on the north side of George Cameron Road at 72 George Cameron Rodd,Berry Creek 4. NAME AND ADDRESS OF'PROJECT APPLICANT:Bob Cameron, 14 Foreman Creek Rd.,Berry Creek,CA 95916 5. MITIGATION MEASURES: None 6. A copy of the initial study regarding the environmental effect of this project is on file at 7 County Center Drive,Oroville. f This study was: X Adopted as presented. Adopted with changes. Specific modifications and supporting reasons are attached. 7. A public hearing on this Negative Declaration was held by the decision making body. Hearing Body: Butte County Board of Supervisors Date of Determination: February 23, 1999 Determination: On the basis of the initial study of environmental impact,the information presented at hearings,comments received on the proposal and our own knowledge and independent research: -X- We find the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION is hereby adopted. We find that the project COULD have a significant effect on the environment,but will not in this case because of attached mitigation measures described in item 5 above, which are by this reference made conditions of project approval. A conditional NEGATIVE DECLARATION is hereby.adopted. Jan Dolan,dair Bu Coy�yBB�a�����ervisors Dat r tt u ORDINANCE NO. 3485 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AN FR-10 (FOOTHILL RECREATIONAL) DISTRICT, PURSUANT TO SECTION 24-25.40. 1 The Board of Supervisors of the County of Butte, State of California, 2 under and pursuant to Section 24-25.40 of the Butte County Code of said County, 3 ORDAINS, as follows: 4 5 SECTION I. The hereinafter described area situate in the County of 6 Butte, State of California, shall be and it is hereby zoned as an FR-10(Foothill i 7 Recreational - 10 acre parcels) District, and such area shall be subject to the 8 restrictions and restricted uses and regulations pursuant to Butte County Code 9 Section 24-110. 10 Said area so zoned being located in the unincorporated area of Butte 11 County, Berry Creek, more particularly described as follows: 12 Parcel 1 as shown on the Parcel Map filed in Book 53 of Maps at 13 Page 100, Butte County, California Recorders Office. 14 SECTION 2. This Ordinance shall be and it is hereby declared to be 15 in full force and effect from and after thirty (30) days after the date of its passage, 16 17 and before the expiration of fifteen (15) days after its passage, this 18 Ordinance shall be published once with the names of the members of the Board of 19 Supervisors voting for and against it in the Oroville Mercury, a newspaper published 20 in the County of Butte, State of California. 21 PASSED AND ADOPTED by the Board of Supervisors of the 22 County of Butte, State of California, on the 23rd day of February , 1999, by 23 the following vote: 24 25 AYES: Supervisors Beeler, Davis, Houx, Josiassen and Chair Dolan 26 NOES: None n 1 ABSENT: None 2 NOT VOTING: None 3 4 DOLAN, CHAIR Butt County Board of Supervisors 5 6 ATTEST: JOHN S. BLACKLOCK, Chief Administrative 7 Officer and Clerk of the Board 8 9 B 10 11 . 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • . MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Honorable Chair and Board of Supervisors From: Development Services, Planning Division Subject: RESPONSE TO ACTON TAKEN ON REZ 98-04 CAMERON Date: February 23, 1999 STAFF COMMENT: The Board held a public hearing for this project on February 9, 1999. The primary issue with this project was the Department of Fish and.Game's stance on critical winter deer range. The response to the public hearing, the Board's action to rezone the property was limited to the southerly parcel (32 acres) only. Staff is recommending that the Board implement its decision of February 9, 1999, by taking the following actions: I. Adopt a Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act and no significant environmental effects were identified, and B. The rezone will not cause environmental damage to fish or wildlife or their habitat. The Department of Fish and Game did not adequately present evidence that this project will have a significant effect on critical winter deer range, and C. The Board of Supervisors has independently reviewed, analyzed, and considered the proposed Negative Declaration prior to making the decision on the project, and hereby finds that said Negative Declaration adequately represents impacts associated with this project. II. California Department of Fish and Game has consulted with the County and reviewed the environmental documents pertaining to this project, and fees are due and payable to the Department of Fish and Game pursuant to Fish& Game Code Section 711.4 (d)(3) and 14 CCR 753.5. III. Adopt the attached Ordinance with the following finding: A. This rezone is consistent with the Butte County General Plan because the proposed FR-10 zoning is consistent with the consistency zoning and development criteria of the Agricultural Residential (AR) General Plan designation and all applicable General Plan policies, including Policy 6.5.a, with the finding that this project will not significantly impact the survival of deer herds. LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION `:' ^'i`•' DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 March 1, 1999 Bob Cameron 14 Foreman Creek Rd. Berry Creek, CA 95916 Re: Rezone, File REZ 98-04, APN 061-490-007, 008, 023 &024 Dear Mr. Cameron: At the regular meeting of the Butte County Board of Supervisors held February 23, 1999,Ordinance No. 3485 was adopted which rezones from "U" to FR-10 that property located on both sides of Ratchel Mountain Road, at 40 Ratchel Mountain Road, and on the north side of George Cameron Road at 72 j George Cameron Road, Berry Creek. i For purposes of the California Environmental Quality Act a Notice of Determination must be filed. The Fish and Game fee for a Negative Declaration is twelve hundred fifty dollars ($1,250.00). The fee for the filing of the Notice of Determination is a$25.00 documentary handling fee. Checks made payable to the Butte County Treasurer in the amount of$1,250.00 and $25.00 should be submitted to the Planning Division. Project applicants should be aware Section 21089(b) of the Public Resources Code, provides that any project approved under the CEQA is not operative, vested, or final until the filing fees required under Section 711.4 of the Fish and Game Code are paid. The time within which judicial review of this decision must besought is governed by California Code of Civil Procedure Section 1094.6. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final,except that where a shorter time limit is provided by State or Federal law, such shorter time limit shall apply. Should you have any questions regarding this matter, please contact Stephen Betts at the Planning Division between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Stephen Betts Associate Planner /lr cc: Ron Graves & Associates AY��1 - Eatte, Counfy LAND OF NATURAL WEALTH AND BEAUTY � PLANNING D; IVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE,CALIFORNIA 95965 3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 January 27, 1999 Bob Cameron 14 Foreman Creek Rd. Berry Creek, CA 95916 Re: Rezone, File REZ 98-04 Oroville, CA 95965 At the regular meeting of the Butte County Board of Supervisors held January 26, 1999, the public hearing was continued to February 9, 1999, at 10:30 a.m., to consider your request for Rezone from "U" (Unclassified) to FR-10 (Foothill Recreational - 10 acre parcels). The property is located on both sides of Ratchel Mountain Road, at 40 Ratchel Mountain Road, and on the north side of George Cameron Road at 72 George Cameron Road, Berry Creek. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville. Should you have any questions regarding this matter, please contact Stephen Betts this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn dson Planning/Administrative Support Service Assistant /Ir cc: Ron Graves & Associates 1' �11C� cwlL (916)534-9587 ENGINEERS , SURVEYORS k n soca a e S P.O. B OXGOLD DREDGER DRIVE 5965 January 25, 1999 Job no. 98-039 Butte County Planning Dept. 7 County Center Dr. Oroville, CA 95965 Attn: Steve Betts Re: Cameron Rezone APN 61-49-7,8,24 Dear Steve, As per our telephone conversation with Supervisor Beehler on this date, we hereby request the above referenced rezone be postponed for the first Board of Supervisors meeting in February. Thank you. Sincerely, Ronald L. Graves, P.L.S. Ron Graves and Associates JAN 2 51999 SURVEYING SOIL TESTING ENGINEERING INTER-DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Supervisor Beeler From: Steve Betts, Associate Planner Subject: Bob Cameron Rezone Date: January 22, 1999 The following is the letter we sent to the DFG requesting comments on the rezone project. We did not,get a response from them until November 16, 1998, and this was after several telephone calls to both the DFG regional headquarters and to the DFG biologist for Butte County. We initially sent comments to DFG on April 28, 1998, but we did not receive a response to that request. a a R.t 4 . � ♦i �— .��� � ` _ ' BUTTE COUNTY CLERK OF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: AGENDA TITLE: REZONE DEPARTMENT: DATE: MEETING DATE REQUESTED: Development Services, January 13, 1999 January 26, 1999 Planning Division CONTACT: PHONE: REGULAR CONSENT Steve Betts 7601 PUBLIC HEARING X DEPARTMENT SUMMARY: This project is a rezone from"U"(Unclassified)to FR-10(Foothill-Recreational, 10-acre parcel size) for Bob Cameron on 84 acres in the Berry Creek area. This item was forwarded from the Planning Commission to the Board of Supervisors with a recommendation for denial. _. REQUESTED BOARD ATION: Uphold the Planning Commission's denial of the rezone. AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL AND NINE(9)COPIES ATTACHEXPLANATORY MEMORANDUMAND OTHER BACKGROUND INFORMATIONAS NECESSARY Budgetary Impact: Yes No x CAO OFFICE USE ONLY If yes,complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes Nom_ Administrative Office Review If yes,complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline) Will Proposal Require an Agreement: Yes No 4/5's Vote Required: Yes: No: Auditor-Controller's Number(if required):_ForthcomingYes Date Received by Clerk of Board: County Counsel's Approval: Yes No Will Proposal Require Additional Personnel: Yes Nom Number of Permanent: Temp Extra Help Previous Board Action Date: Additional Information Attached:Yes No Describe: Copy of proposed Urgency Ordinance. 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J� � � /�.0 y. � �.L hr 4�j rFi a�(wq.tiA¢V�G1'+ry-t��jObP.0 - 'C ^ -fF1C`- ) ✓ .'1 _ r1./ ' '"1J Y'•t�X`"� '�: 4. 40 ACR M NIMUM L.O S ���`�� I F IR ME EVEL =PNI �I . 1 (7P1VI•, .� W \�1 , Q I ,;G 'G r e� 'I TER C� a;; h la 40 M I AIR .O S C 1 •a: t6 , F 'R =a. • m - I t ya• 1 , �r I •4: 1 111 � 11 "R�I 'IJEV' MENTHE II: rr Deer Herd Migration Map BUTTE COUNTY PLANNING CONMISSION • Applicant: Bob Cameron Owner: Same Hearing Date: October 8, 1998 @ 9:00 a.m. Existing Zone: U&S-H N Request:Rezone from U(Unclassified,20 acre minimum)to FR-10(Foothill Residential, 10 acre minimum). No Scale Assessor Parcel No: 061-490-007,008,023 &024 File: 98-04 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT - January 26, 1999 Applicant: Bob Cameron Zone date: 1/6/87 File#: REZ 98-04 Supervisorial Request: Rezone from Unclassified to District: 1 FR-10 (Foothill Recreational - 10 acre minimum parcel Applicable size) Regulations: 24-25.20 through 24-25.45 G.P.: Agricultural-Residential and Exhibits: Timber-Mountain A. Findings B. Zoning/General Plan Map Zoning: U (Unclassified) and SH C. Critical Deer Winter Range Map (Scenic Highway) D. Development Criteria and Zoning Factors Discussion APN: 061-490-007, 023 & 024 E. December 10, 1998, Planning Commission Minutes Location: On both sides of Ratchel F. Staff memo to the Planning Mountain Road, at 40 Ratchel Commission, dated December Mountain Road, and on the 2, 1998, with attached DFG letter north side of George dated November 12, 1998 Cameron Road at 72 George G. Planning Commission Agenda Cameron Road, Berry Creek Report, dated October 8, 1998 H. Initial Study Parcel Size: 84± acres SUMMARY: The Planning Commission recommends denial of this proposal due to incompatibility with the deer herd critical winter range. PLANNING COMMISSION ACTION: This is a request for a rezone from U(Unclassified, 20- acre minimum parcel size) to FR-10 (Foothill-Recreational, 10-acre minimum parcel size). On December 10, 1998, the Planning Commission held a public hearing on this request and voted 3 to 1 to deny the rezone. The Planning Commission discussion primarily centered on the proposed FR- 10 zoning's inconsistency with the critical deer winter range. [Note: The Planning Commission twice continued this project in order for staff to obtain comments from the Department of Fish and Game, which were ultimately received after several requests.] I i 0 Butte County Department of Development Services ■ Page I ■ ANALYSIS: The change in zoning as proposed by the applicant could ultimately result in the 84- acre site being divided into a maximum of eight 10+ acre parcels. The proposed FR-10 zone was analyzed for consistency with the General Plan and with the critical deer winter range. Consistency with the General Plan The majority of the project site, 70.5± acres, has an Agricultural-Residential General Plan land use designation. A 13.5± acre section of the project site lies within the Timber-Mountain General Plan land use designation. The proposed FR-10 zoning is listed by the General Plan as being conditionally consistent with the Agricultural-Residential General Plan land use designation. As such, it is not included as a consistent zone. The proposed FR-10 zone is not consistent with the Timber-Mountain General Plan land use designation which requires a minimum parcel size of 40 acres. However, this area may fit the Agricultural-Residential designation better than the Timber-Mountain designation due to the lack of harvestable timber. Under the implementation program of the General Plan, the Board has the ability to ". . . decide which land use category is the more appropriate where development sites are split by or adjacent to indefinite category boundaries not following known physical features or property lines." [Note: See Exhibit B, which shows the General Plan and zoning boundaries. The area in question is located on the northwest portion of the project site.] The consistency analysis on the Conditional Zoning Development Criteria and Zoning Factors for the FR-10 rezoning in the Agricultural-Residential land use designation is attached in Exhibit D. i An existing FR-10 zone is located approximately 400 feet to the south of the site, which consists of four parcels of approximately 9 acres each. This FR-10 zone was rezoned from Unclassified in 1987, after the Board of Supervisors approved a parcel map creating the four 9-acre parcels. This land is located within the critical deer winter range which was designated prior to the parcel map and rezone to FR-10. The Board found the parcel map creating the 9-acre parcels to be consistent with the General Plan. Further, the Board determined there was not sufficient information which demonstrated the project would cause damage to wildlife or habitat. Consistency with critical deer winter range The proposed rezone is inconsistent with Policy 6.5.a of the Butte County General Plan which states, "regulate development in identified winter deer ranges to facilitate the survival of deer herds." Approximately 65± acres of the 84-acre project site are located within an area that has been determined by the California Department of Fish and Game (DFG) to be critical deer winter range. DFG recommends against the rezoning request and the future potential division of parcels into less than 40 acres in critical deer winter range. [Note: See the Department of Fish and Game letter attached to the December 2, 1998, Staff Memorandum to the Planning Commission.] On December 21, 1982, the Board of Supervisors accepted a report by the Butte County Fish and Game Committee regarding the 40 acre minimum parcel size in critical deer winter range. The Board accepted the report with the following change to the committee's recommended policy: "We propose that the policy on Parcel Maps and Subdivisions in identified areas of deer habitat and migration,when denied on the basis of a general state policy of 40 acre minimums, require a response ■ Butte County Department of Development Services ■ Page 2 ■ from the State Fish and Game Department which includes specific data or scientific information from the project area in determining a substantial impact. We should continue to use our General Plan, zoning, topography and present parcel sizes in an area in consideration of projects." The comments received from the Department of Fish and Game did not contain any specific data or scientific information indicating that the rezone would create a significant impact to deer or their habitat. The action before the Board is a rezoning and not a subdivision application. There are other factors beyond deer habitat issues that also need to be considered. This report briefly discusses those issues in Exhibit D. RECOMMENDATION: The Planning Commission recommends that the Board of Supervisors deny REZ 98-04 for Bob Cameron, subject to the following findings in attached Exhibit A. K:\PROJECTS\REZ\CAMERON.REZ\BOS.RPT ■ Butte County Department of Development Services ■ Page 3 ■ • EXHIBIT A Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act and no significant environmental effects were identified; B. The rezone itself will not cause environmental damage to fish or wildlife or their habitat; C. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and hereby finds that the said Negative Declaration adequately represents impacts associated with this project; D. Approval of the FR-10 zone may lead to the creation of 10-acre parcels in an area that has been designated as critical deer winter range, which requires a 40-acre minimum parcel size. Future land divisions on the project site may lead to significant impacts to deer; and E. The California Department of Fish and Game is not recommending approval of the rezone to FR-10 due to impacts to critical deer winter range. Section 2: General Plan Consistency Findings. A. The proposed FR-10 zone is inconsistent with Policy 6.5.a of the Butte County General Plan which states that development should be regulated in identified winter deer ranges to facilitate the survival of deer herds. 0 Butte County Department of Development Services 0 Page 4 0 EXHIBIT D In order to be conditionally consistent with the Agricultural-Residential General Plan land use designation, the rezone from Unclassified to FR-10 must satisfy five development criteria: 1. Compatible with neighboring agricultural activities - Only limited livestock grazing exists on the site and neighboring properties. 2. Evidence of adequate water and sewage disposal capacity. The groundwater supply in the area may be potentially limited. The soils on the project site are generally adequate for septic systems. 3. Availability of adequate fire protection facilities - The site has adequate fire protection services as Fire Station# 62 (CDF full-time station) is located approximately 2 miles to the north of the project site. 4. Adequately maintained approved road access with sufficient capacity to service area- The project site has access to Oroville-Quincy Highway(SR 162) via Foreman Creek Road and George Cameron Drive, all of which have adequate capacity. 5. Reasonable accessibility to commercial services and schools-Limited commercial services and elementary schools are available in Berry Creek, approximately 4 miles north of the site. Major commercial services and middle and high schools are available in Oroville, approximately 14 miles from the site. The General Plan also specifies zoning factors that must be considered in the evaluation of consistent zones and the choice of the most appropriate zoning classification. The zoning factors for the Agricultural-Residential land use designation are: 1. Existingparcel sizes and residential densities- Parcels in the project area range in size from 1 to 1,400 acres, with the predominant size being in the 4 to 20-acre range. One single family dwelling is allowed per parcel. The proposed zoning would allow up to eight 10-acre parcels. The potential 10-acre lot size is compatible with existing parcels sizes and residential densities. 2. Slope - The project site has an average slope of 13%, with some slopes of more than 30%. There is sufficient level area on the site to accommodate future dwellings. 3. Soil conditions and water availability- Soils on the site aregenerallystable and adequate for septic systems. Ground water in the project area may be potentially limited. 4. Effects on adjacent uses, crop production, livestock grazing,forestry, resources extraction and wildlife range - Surrounding land uses are primarily.rural residential with some limited livestock grazing. The Foreman Creek Recreation Area is located just to the west of the site. 0 Butte County Department of Development Services 0 Page 5 0 No mineral resources are extracted on the project site but soil was removed from portions of the site in the past for off-site construction purposes. Future land divisions of the site, with the subsequent construction of dwelling units, may have a significant impact to deer habitat because most of the site is located within critical deer winter range. The California Department of Fish and Game does not support this rezone because a subsequent subdivision may result in parcels that are less than 40-acres in size. 5. Proximity to public roads and other public facilities - Oroville-Quincy Highway(SR 162) is located adjacent to portions of the site, and Foreman Creek Road and George Cameron Drive cross the site. Limited commercial services and elementary schools are located in Berry Creek, approximately 4 miles north of the site. Major commercial services and middle and high schools are located in Oroville, approximately 14 miles from the site. 6. Distance from airports, railroads and industrial uses -No airports, railroads or industrial uses are located near the project site. 7. Existing utilities and drainage facilities - Power lines already extend onto the project site, although lines would have to be constructed to each individual homesite. There are no formal drainage facilities,onthe project site or in the area. 8. Potential for surface cracking, landslides and erosion - The project site is not located in an area that is subject to surface cracking. The site is located in an area that has high landslide and high erosion potentials in areas of steep slopes. 9. Effects on noise, traffic flow and safety, water quality, air quality, wildlife habitat and general environmental quality-Residential development of the project site will incrementally create additional noise and vehicle traffic in the project area, but these effects will not create significant impacts due to the limited number of dwellings that could be placed on the site. Surface water quality may be decreased in the area due to development. Air quality may be decreased due to the additional traffic on the dirt roads/driveways in the area. Most of the site is located in critical deer winter range and future land divisions on the site may have a significant impact on deer. 10. Local desires-The project site is within the Berry Creek-Bald Rock-Hurleton planning area. There is no plan for this area and no formal community organization exists. 11. Potential for pest breeding - A future land division on the site would not increase the potential for pest breeding because the residential uses will not create pest breeding habitat. Overall, the FR-10 zoning appears to be conditionally consistent with the Agricultural-Residential land use designation. However, the FR-10 zone is not consistent with the critical deer winter range because such zoning will allow the creation of parcels that are less than 40-acres in size. ■ Butte County Department of Development Services ■ Page 6 ■ December 21, 1982 Recess: 9:40 a.m. Reconvene: 9:55 a.m. . 4.01 Selection of Treasurer - Tax Collector MOTION: TO APPOINT EDNA BILLS AS TREASURER S M VOTE: 1 2 3 4 5 (Unanimously carried) 4.04 Policy regarding legal counsel at Advisory Agency meetings. (Supervisor Dolan) MOTION: TO ACCEPT THE POLICY REGARDING COUNSEL ATTENDANCE AT ADVISORY AGENCY MEETINGS AS OUTLINED IN A MEMO TO THE BOARD BY SUPERVISOR DOLAN DATED DECEMBER 17, 1982. M S VOTE: 1 2 3 .4 5 (Unanimously carried) . 4.07 Resolution - opposing state encroachment on legal land use authority. MOTION: TO SEND A LETTER OF SUPPORT TO APPROPRIATE AGENCIES IN SUPPORT OF THE RESOLUTION OPPOSING STATE ENCROACH- MENT ON LOCAL LAND USE AUTHORITY PASSED AT THE 1982 CALIFORNIA COU-NITY. PLAI`TNING COMIMISSIONERS' ASSOCIATION MEETING. _ M S . / -VOTE: 1 2 3 4 5 (Unanimously carried) L 4.10 Consideration of committee report regarding 40 acre minimum parcel size recommended by the State Fish and Game Deparunent in deer habitat and migration areas. AND COhZ- MOTION: TO ACCEPT THE REPORT OF THE FISH N GAME IE IITTEr. AS OUTLINED I14 THEIR MRMO TO THE BOARD DATED DECE4BER 3, 1982, WITH CHANCES TO THE WORDING PROPOSED BY SUPERVISOR FULTON AS FOLLOWS: "WE PROPOSE THAT THE POLICY ON PARCEL MAPS AND SUBDIVISIONS IN IDENTIFIED AREAS OF DEER BABITAT AND MIGRATION, WHEN DENIED ON THE BASIS OF A GENERAL STATE POLICY OF 40 ACRE MINIMU-IS, REQUIRE A RESPONSE FROM THE STATE FISH AND GAME DEPARTMENT WHICH INCLUDES SPECIFIC DATA OR SCIENTIFIC INFORMATION FROM THE PROJECT AREA IN I RLMINING. A SUBSTANTIAL IMPACT. WE SHOULD CONTINUE TO USE OUR GENERA-L PLAN, ZONING, TOPOGRAPHY AND A-ND PRESENT PARCEL SIZES IN AN AREA IN CONSIDERATION OF PROJECTS. M S VOTE: 1 2 3 . 4 5 (Unanimously carried) INTRODUCTION OF AND CONGRATULATIONS TO EDNA BILLS, THE NVNLY- APPOINTED TREASURER/TAY COLLECTOR TOOK PLACE AT THIS TIrL. 5.01 David Wise - appeal re parcel map, AP 56-11-02, Hollow Oak Lane, Cohasset Public hearing held as scheduled. ........ ..�s =: uttecouft!y LAND OF NATURAL WEALTH AND BEAUTY iS•✓S 5' t PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE:x(530)538-7601 FAX: (530)538-7785 January 5, 1999 Bob Cameron 14 Foreman Creek Rd. Berry Creek, CA 95916 Re: Rezone, AP 061-490-007, 008, 023 & 024, REZ 98-04 Dear Mr. Cameron: The Clerk of the Board of Supervisors set public hearing for January 26, 1999, at 10:30 a.m. to consider your application for a Rezone from Unclassified to FR-10 (Foothill Recreational - 10 acre parcels)on both sides of Ratchel Mountain Road, at 40 Ratchel Mountain Road, and on the north side of George Cameron Road at 72 George Cameron Road, Berry Creek. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Stephen Betts at this Office between 8:00 a.m. and 4:00.p.nji, Monday through Friday. Sincerely, LynnRichardson Planning/Administrative Support Service Assistant /Ir cc: Graves & Associates ' Countg LAND OF NATURAL WEALTH .AND . BEAUTY PLANNING DIVISION . �•.'.-est tr^�'�g:�.���:i�,-+'::..•. DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 December 24, 1998 Bob Cameron 14 Foreman Creek Rd. Berry Creek, CA 95916 Re: Rezone, AP 061-490-007, 008, 023, 024, REZ 98-04 Dear Mr. Cameron: The Clerk of the Board of Supervisors set public hearing for January 26, 1999, at 10:30 a.m. to consider your application for a Rezone from Unclassified to FR-10 (Foothill Recreational - 10 acre parcels)on both sides of Ratchel Mountain Road, at 40 Ratchel Mountain Road, and on the north side of George Cameron Road at 72 George Cameron Road, Berry Creek. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Stephen Betts at this Office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /Ir cc : Ron Graves & Assoicates BUTTE COUNTY . CLERK OF THE BOARD USE ONLY BOARD OF SUPERVISORS _ MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: AGENDATITLE: . Pfanfiing Commission Report of -Decision for `Bob Cameron Rezone ` - . - DEPARTMENT: DDS, Planning Div. DATE: 12/143/98 MEETING DATE REQUESTED: CONTACT: Stephen Betts PHONE: 7601 REGULAR_ CONSENT,_;_ DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION:: ; SUMMARY: The Planning Commission held a hearing on REZ 98-04, a rezone application for Bob Cameron proposing to rezone 4 parcels totaling 84 acres from''U'(Unclassified)to FR-10(Foothill Recreational- 10 acre minimum). The Planning Commission recommends denial'of this project. ACTION REQUESTED: Accept for information. AGENDA ITEM SUBMITTAL REQUIRES THE ORIGINAL AND NINE (9) COPIES_, ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No = CAO OFFICE USE ONLY If yes,complete Budgetary Impact Worksheet on back _ Budget Transfer Requested: Yes . No Administrative Office Review If yes,complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline) . I - Will Proposal Require an Agreement: Yes No 4/5's Vote Required: Yes: No: Auditor-Controller's Number(if required): -- County Counsel's Approval: Yes - No Date Received by Clerk of Board: Will Proposal Require Additional Personnel: Yes No Number of Permanent: Temp Extra Help PreviNs BWFd Action 01116, Adanionainorma on Attached: es XNO Describe: Report Rev.1198 PLANNING COMMISSION ACTION REPORT APPLICANT: Bob Cameron OWNER: Same FILE#: REZ 98-04 REQUEST: Rezone from"U"(Unclassified)to FR-10(Foothill Recreational- 10 acre parcels) LOCATION: On both sides of Ratchel Mountain Road,at 40 Ratchel Mountain Road, and on the north side of George Cameron Road at 72 George Cameron Road, in the Berry Creek area. DATE ACTION REQUESTED: 4/21/98 ACREAGE: 79.11 acres PLANNING COMMISSION FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act and no significant environmental effects were identified; and B. The rezone itself will cause environmental damage to fish or wildlife or their habitat. C. The Planning Commission has independently reviewed,analyzed and considered the proposed Negative Declaration prior to making its decision on the project,and hereby finds that the said Negative Declaration adequately represents impacts associated with this project; and D. Approval of the FR-10 zone may lead to the creation of 10-acre parcels in an area that has been designated as deer herd critical winter range, which requires a 40-acre minimum parcel size, and may lead to significant impacts to deer; and E. The California Department of Fish and Game is not recommending approval of the rezone to FR-10 due to impacts to deer herd critical winter range; and Section 2: General Plan Consistency Findings. A. The proposed FR-10 zone is inconsistent with Policy 6.5.a of the Butte County General Plan which states P P Y h' that development should be regulated in identified winter deer ranges to facilitate the survival of deer herds; and PLANNING COMMISSION ACTION: A. The Planning Commission recommends that the Butte County Board of Supervisors deny the rezone 98-04, for Bob Cameron, subject to the findings contained in Sections 1 and 2 of this report. VOTE: 3-1-1 AYES: Commissioners Cage and Nelson, and Vice Chairman Leland NOES: Commissioner Mooney -- ABSENT: Chairman Lambert ABSTAINED: No one DATE OF LAST HEARING WITH PLANNING COMMISSION: December 10, 1998 K:\PROJECTS\REZ\CANERON.REZ\REZONE.RPT EXHIBIT A Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act and no significant environmental effects were identified; and B. The rezone of cause enviro al damage to fi or the�habjtat a d a de inimus emptio o the co ection o epartment of Fish e En 'ro ental Filing recommende ; C. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and hereby finds that the said Negative Declaration adequately represents impacts associated with this project; and D. Approval of the FR-10 zone may lead to the creation of 10-acre parcels in an area that has been designated as deer herd critical winter range, which requires a 40-acre minimum parcel size, and may lead to significant impacts to deer; and E. The California Department of Fish and Game does not support this Rezone project due to impacts to deer herd critical winter range; and Section 2: General Plan Consistency Findings. A. The requested FR-10 zone is conditionally consistent with the General Plan land use designation of Agricultural-Residential; and B. The requested FR-10 zone is inconsistent with Policy 6.5.a of the Butte County General Plan which states that development should be regulated in identified winter deer ranges to facilitate the survival of deer herds; and Section 3: Action. A. Subject to the findings indicated in Sections 1. and 2 of this report, move to recommend that the Board of Supervisors deny rezone REZ 98-04 for Bob Cameron. ■Department of Development Services -Planning Commission Agenda Report wPage 2 ff u to LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION • I' ,�P.+,. !, R4+ ;; `,�;` DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 December 11, 1998 Bob Cameron 14 Foreman Creek Rd. Berry Creek, CA 95916 Re: Rezone,AP 061-490-007, 008,023 & 024,REZ 98-04 Dear Mr. Cameron: The Butte County Planning Commission held a meeting on December 10, 1998, regarding your request for a Rezone from Unclassified to FR-10 (Foothill Recreational - 10 acre parcels), was denied. The Clerk of the Board will set a public hearing date and you will be notified. The meeting will be held in the Board of Supervisors' Room at 25 County Center Drive, Oroville. Should you have any questions regarding this matter, please contact Stephen Betts at this office between 8:00 a.m and 4:00 p.m.,Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /lr cc: Ron Graves &Associates kAformsWenial.frm INTER-DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Honorable Chair and Planning Commission From: Development Services Department, Planning Division Subject: Rezone for Bob Cameron, File#RZ 98-04 Date: December 2, 1998 BACKGROUND: This project was continued open from the October 8 and November 12, 1998, Planning Commission meetings. The project was continued in order to allow the California Department of Fish and Game time to comment regarding the issue of deer herd critical winter range. ANALYSIS: Comments have been received from the Department of Fish and Game(attached). They have determined that the project site is within the deer herd critical winter range and they do not support this rezone project. The applicant has discussed not proceeding with this rezone project and instead proceeding with a lot line adjustment between APN 061-490-007 and 008. The Department of Fish and Game has indicated that they would support this lot line adjustment. RECOMMENDATION: Staff recommends that the Planning Commission deny the rezone project subject to the findings contained in the attached Exhibit "A." Attachment: A. DFG letter,November 12, 1998 B. Deer Herd Range Map K:\PROJECTS\REZ\CAMERON.REZ\PC.MEM ■Department of Development Services -Planning Commission Agenda Report W Page 1 ff STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON,Govemor DEPARTMENT OF FISH AND GAME REGION 2 1701 NIMBUS ROAD,SUITE A RANCHO CORDOVA,CALIFORNIA 95670 r` Telephone(916)358-2900 I 1; November 12, 1998 Mr. Stephen Betts, Associate Planner Butte County Planning Division 7 County Center Drive Oroville, California 95965 .Dear Mr. Betts: The Department of Fish and Game (DFG) has reviewed the rezone for Bob Cameron on APN 61-49-7, 08, 23 & 24, File#RZ 98-04, an application to allow the creation of 10-acre parcels in critical winter range where the DFG recommends a 40-acre minimum parcel size. The project site is located between the Oroville-Quincy Highway and Lake Oroville in Butte County. The DFG recommends against the dividing of parcels into less than 40 acres in critical deer winter range. It was suggested by Mr. Cameron during a recent visit to his home, that a lot line adjustment to the APN 61-49-08 (6 acres) and APN 61-49-07 (54 acres) could be accomplished to create an approximately 15-acre parcel around the existing home which would be located in the development permitted area. The remaining 46 + or- acre lot in critical deer winter range would encompass all of APN 61-49-08 and most of APN 61-49-07. The critical winter range boundary line could be redrawn to include APN 61-49-08. See the attached map. We would concur with such a proposal. We recommend against the subdivision of APN 61-49-04 (30 acres) as most of the parcel is in critical deer winter range. Pursuant to Public Resources Code Sections 21092 and 21092.2, the DFG requests written notification of proposed actions and pending decisions regarding this project. Written ` notifications should be directed to this office. This project will have an impact to fish and/or wildlife habitat. Assessment of fees under Public Resources Code Section 21089 and as defined by Fish and Game Code Section 711.4 is necessary. Fees are payable by the project applicant upon filing of the Notice of Determination by the lead agency. Planning Division NOV 1 61998 ®t'U M%Califomia EIfE C06A p. 00 0 0 . Mr. Stephen Betts November 1.2, 1998 Page Two If the DFG can be of further assistance, please contact Mr. Dale Whitmore, Associate Wildlife Biologist, telephone (530) 743-5068 or Ms. Edna Maita, Environmental Specialist, at telephone (916) 35&2921. Sincerely, Larry L. Eng Program Manager Attachment cc: Mr. Dale Whitmore Ms. Edna Maita Department of Fish and Game Rancho Cordova, California I Al oy 4,10 Lpr& Q3 —N W, If 6 lk 4-",- ao IN A In, '7'M FMa ll�W-79M.0%, Mi: ON EPRAIM I- w w Agpgg�gg .2p.2,;V M., PENN, il, g�g%tq -A Wit. zov, MA ; xgzIAI No,IIIE MaA'I ............ .......... ........ Count ,�r CRY LAND OF NATURAL WEALTH AND BEAUTY �rt.;u <; >• PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 November 20, 1998 Bob Cameron 14 Foreman Creek Road Berry Creek, CA 95916 Re: Department of Fish and Game Comments for the Rezone for Bob Cameron on APN 061-490- 007; 023, & 024, File# RZ 98-04 Dear Mr. Cameron: Enclosed please find comments we have received from the California Department of Fish and Game (DFG) regarding your rezone application. DFG is not supportive of the requested FR-10 zoning because that zoning is inconsistent with the deer herd critical winter range that most of your property is located in. However, DFG is supportive of a lot line adjustment between APN 061-490-007 and APN 061-490-008 as shown on the enclosed map. The Planning Division is still recommending denial of your rezone application due to inconsistency with the deer herd critical winter range. We would be supportive of a lot line adjustment between APN 061-490-007 and APN 061-490-008, as shown on the enclosed map. Your project will be heard again by the Planning Commission on December 10, 1998. Prior to that meeting you may wish to contact me regarding the options that are available to you. If you have any questions this matter please contact this office between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Stephen Betts Associate Planner enc. cc: Ron Graves, Ron Graves& Associates, P.O. Box 986, Oroville, CA 95965 COU • utte ount -�4:1 LAND OF NATURAL' WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 November 12, 1998 Bob Cameron 14 Foreman Creek Rd. Berry Creek, CA 95916 Re: Rezone,AP 061-490-007; 008, 023 & 024,REZ 98-04 Dear Mr. Cameron: At the regular meeting of the Butte County Planning Commission held November 12, 1998, the public hearing was continued open to December 10, 1998, at 9:00 a.m. to consider your application for a Rezone from Unclassified to FR-10 (Foothill Recreational- 10 acre parcels). This meeting will be held in the Board of.Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Stephen Betts at this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /lr cc: k:\formskontinue.t'rm L cht, LAND OF NATURAL WEALTH AND BEAUTY ;`}'�:� PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES " 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601' October 13, 1998 FAX: (530)538-7785 Environmental Services California Department of Fish and Game,Region 2 1701 Nimbus Road,Suite A Rancho Cordova,CA 95670 Re: Rezone for Bob Cameron on APN 061-490-007,008,023&024,File#RZ 98-04 To Whom It May Concern: The Butte County Planning Division has received an application for a rezoning from Unclassified (20-acre minimum parcel size)to FR-10(Foothill-Recreational, 10-acre minimum parcel size). The project site is located in the Foreman Creek area of Lake Oroville. Approximately 75%of the site is located within deer herd critical winter range,with the remainder in a designated development zone. A request for comments on this-project was sent to your office on April 28, 1998,but no comments were received by us. At this time we are recommending denial of the rezone project because it will allow the creation of 10-acre parcels in critical winter range,where the Department of Fish and Game recommends a 40-acre minimum parcel size. The applicant's engineer(Ron Graves&Associates)believes that the project site should not be vv><thui deer herd critical winter range,and that a site visit by a DFG wildlife biologist will confirm this. We are requesting that you provide us with any comments or concerns you have regarding this rezoning project. We are also requesting that a DFG wildlife biologist make a visit to the project site to determine if the area is indeed critical winter range. Please provide us with any comments you may have been regarding this project as soon as possible. The Butte .County Planning Commission continued this project until November. 12, 1998 in order to obtain comments from your agency. I have enclosed copies of the rezone application,rezone map,a GIS-generated map of the critical winter range in the project area,and other area maps. Should you have any further questions,please contact me between the hours of 8:00 a.m. and 4:00 p.m.,Monday through Friday. Sincerely, Stephen Betts Associate Planner enc cc: Ron Graves, Ron Graves&Associates,P.O. Box 986,Oroville,CA 95965 CRITICAL AL WINTER. MINIM M 40 ACRE U :.>: .; I N DEER HERD AREA, DEVELOPMENT PERMITTED IN DE AREA, DEVE : MENT PERMI D s - Co n =: SUtte u t _._.. LAND OF NATURAL WEALTH AND BEAUTY �~ r� PLANNING DIVISION : �,.,�, �p,....,r:, ,;.,.�:::• DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 October 12, 1998 Bob Cameron 14 Foreman Creek Rd. Berry Creek, CA 95916 Re: Rezone,AP 061-490-007, 008, 023 & 024,REZ 98-04 Dear Mr. Cameron: At the regular meeting of the Butte County Planning Commission held October 8, 1998,the public hearing was continued open to November 12, 1998, at 9:00 a.m., to consider your application for a Rezone from Unclassified to FR-10(Foothill Recreational- 10 acre parcels). This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Stephen Betts at this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, 40-- Lynn Richardson Planning/Administrative Support Service Assistant 4 i k:\fbrms\continue.frm • `�� ,��� (916)534-9587 CIVIL ENGINEERS , � LnNo S SURVEYORS MOO P.O. BOX 986 — OROVILLE, CA 95965 Q C�J 100 GOLD DREDGER DRIVE October 6, 1998 Job no. 98-039 Butte County Planning Dept. 7 County Center Dr. Oroville, CA 95965 Attn: Stephen Betts Re: Cameron rezone APN 061-490-007, 023 & 024 Dear Stephen, A public hearing date has been set on the above referenced project for Thursday, October 8, 1998. On behalf of our client, we hereby request a 2 week time-extension so we can contact the Department of Fish Game regarding the "critical deer herd areas". Sincerely, Ronald L. Graves, P.L.S. i PtRM11*110DIVISion OCT 0 6 9998 (0mville,Callomla SURVEYING SOIL TESTING ENGINEERING LAND OF NATURAL WEALTH AND BEAUTY N4f � PLANNING DIVISION `- d': y�K,'• ^' DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 October 2, 1998 Bob Cameron 14 Foreman Creek Rd. Berry Creek, CA 95916 Re: Rezone,AP 061-490-007, 008, 023 & 024, REZ 98-04 Dear Mr. Cameron: Enclosed is a copy of the Agenda Report concerning your application for a Rezone from Unclassified to FR-10 (Foothill Recreational- 10 acre parcels) on both sides of Ratchel Mountain Road, at 40 Ratchel Mountain Road, and on the north side of George Cameron Road at 72 George Cameron Road, Berry Creek. Should you have any concerns with the report or conditions of approval,please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for October 8, 1998, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter,please contact Stephen Betts of this office at 538-7601,between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Enc. -- cc: Ron Graves &Associates j:\wpdocs\pclts\schedule.mrg (SPACE FOR FILING STAMP ON LY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In the Matter of Notice of Public He � ................................................ ing....................... No................................................................. 41"13VrrE C6UN,",1 :, . .................................................................................... ?%ANNINGCOMM .::.,,vN.IDTICE,OF,E09 1 i-:-.%.-HEARI G,;-_` .................................................................................... Butte.County Plgqnlngb� mission,tha;,a b!IQ,,, Will be held on AuursWy Bul bar 8;.1998jh Ifie, U AFFIDAVIT OF PUBLICATION Board_of:.Supervisotsl;i3oq t; County;A l m ,I 25.C n 7 Center Ville, oml State of California owlWltem:,c ss. ITEM WH N County of Butte *1VE OECLARAT1ON_-,t R91 ENVIRONMENEAL IMPACTS HAS REENi ECy The undersigned resident of the county-of OMMENDED 9: V Butte,State of California,.says: Rez n to FR-10;(tootfilliiRet ¢ 10 ­ , :; II I.. ' .,-n bo sides a n That I am,and at all time herein mentioned Road, was a citizen of the United States and not a party IRoad;and'on the nor " Gq*q'rge IQ60;!" , to nor interested in the above entitled matter; George,, ion fledas AP' that I am the principal clerk of the printer and (Rq9U4,.,,;Y) 1r_..,vCrqe Q. 11 SO, 'publisher of e., n c4flon,iffilti `` aon, file.;�a re qdica The ico Enterpublic viewing at '.ofnce Vit;' tprise-Record the,Butte, unty OeYQt Orovi le Mercury Register. Services,Departmentzlil Division, hr7z. Countkjdi That said newspaper is one of general circula- Drive;-OrQvIIIq,l,Cgjnbffi Information-call:(530);. tion as defined by Section 6000 Government (Monday. i,throu 8:00 am:,to,* <p , im.)red Code of the State of California,Case No.26796 ments may be submitted -1.I- * by the Superior Court of the State of California, Ing at any,;tlme' pilorili., hearing or orally'at-tfibrn in and for the County of Butte;that said newspa- listed aboveju as_may_q_m.ey .or a, tInued.t0,aAatert,0aie.i per at all times herein mentioned was printed bhaIIenge_thqAaboM,;,app tons Incourli.yoitifisy'qe llmtt_� and published daily in the City of Chico and ad to ralsing.,only,,tho County of Butte;that the notice of which the you or�someone,.elsi'70- At the pubIIG,haadn6;',d` annexed is a.true printed copy,was published in this,notice-or'An'-wrIfte rp spondence -delivered said newspaper on the following days: Planning C6inmIsjIo6,,4t 90 or to,the public hearing.!ft BUTTE C0UNT.Y,trnqfq g.rp PLANNING,dOMMISSI100A;- irk Sept. 18, 1998. THOMAS PARILO.% DIRECTOR OEVELO SERVICES 0206107 Publish:9/18,1998 I certify(o,r declare),under penalty of perjury,that the foregoing is true and correct,at Chico,California. Dated...Sept. 18,1998. at Chico,California. .............................. .......................... � oun th t d: . LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 September 29, 1998 Bob Cameron 14 Foreman Creek_ Road Berry Creek, CA 95916 Re: Rezone for Bob Cameron on APN 061-490-007, 023, &024, File# RZ 98-04 Dear Mr. Cameron: The Butte County Planning Department has completed the initial study of potential environmental consequences anticipated in connection with the above-mentioned project, a copy of which is enclosed. Please review the enclosed checklist,noting particularly any environmental problems which could be minimized or avoided by the care and manner in which the project is carried out. Also, please review the recommended mitigation measures and contact me as soon as possible regarding your approval or disapproval of the mitigation measures. After reviewing the checklist,you may see ways to improve the project design. Design improvements to minimize problems are encouraged. If you note any errors or omissions in our evaluation, please bring them to our attention. If you have any questions regarding environmental review, please contact this office between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, r Stephen Betts Associate Planner enc. cc: Ron Graves, Ron Graves& Associates, P.O. Box 986, Oroville, CA 95965 V Cameron Rezone,File#REZ 98-04 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL EWPACTS I. BACKGROUND: 1. Name of Proponent: Bob Cameron 2. Address: 14 Foreman Creek Rd., Berry Creek, CA 95916 Phone: (530) 589-1647 3. Name of Proposal, if applicable: N/A 4. Type of Project: Rezone 5. Project Description and Location of Parcels: This project is a request to rezone four parcels totaling 84 f acres that are zoned Unclassified (20 acre minimum parcel size) to FR-10 (Foothill Recreational, 10 acre minimum parcel size). The Land Use Element Map of the Butte County General Plan designates the project site as Agricultural-Residential and Timber- Mountain. The project site is located on both sides of Ratchel Mountain Road, at 40 Ratchel Mountain Road, and on the north side of George Cameron Road at 72 George Cameron Road, Foreman Creek area. Approval of this rezone will potentially allow the applicant to submit an application to subdivide the project site and create eight 10± acre parcels. The environmental issues that may result from such a land division would be completely addressed when an application is made for a land division that indicates parcel configurations and access requirements. This Initial Study will only address the impacts directly related to a change in the zoning designation and how this increased density may impact the environment. The project site consists of four non-contiguous parcels: APN 061-490-007 (54 acres); APN 061-490-008 (6 acres), APN 061-490-023 (.18 acres); and APN 061-490-024 (30 acres). Per the applicant,no changes to the S-H zoned areas of the project site are requested. A 3.3 5 acre portion of APN 061490-007, a 137 sq. ft. portion of APN 061-490-008, and a 1.5-acre portion of APN 061-490-024 are located within the S-H zone and will not be included in this rezone request. The project site is developed with two dwelling units. A portion of APN 061-490-024 had at one time a commercial use-boat storage sheds. Domestic water for the dwelling units are supplied by individual on-site wells, while sewage disposal is handled by individual on-site septic systems. Elevations range from 1,000 ft. to 1,260 ft. above sea level. The topography of the project site is mostly mountainous, with level areas in the south potion of the site to very steep areas in the northern portions. The average slopes on the site 13%, but many slopes exceed 30%. Pine and oak trees cover most of the project site, and the soils on the site ■ Butte County Department of Development Services ■ Planning Division■ 1 Cameron Rezone,File#REZ 98-04 are shallow in most areas. Portions of the site are located within critical winter deer herd range and portions within a Designated Development Zone. Additional project description and area description can be found in the data sheet at the end of this document. 6. Assessor's Parcel Numbers: 061-490-007, 023 & 024 7. Date Checklist Submitted: September 28, 1998 H. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION with mitigation(s)will be prepared. ❑ I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. /�� r" Lam• - IF 29b a Completed by: Stephen Betts, Associate Planner Date ta-lg2A r Reviewed by: Dave Doody, Principal Planner Date III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially.affected by this project,involving at least one impact that is a'Potentially Significant Impact"as indicated by the checklist on the following pages. i ❑ Land Use and Planning ❑ Transportation/Circulation ❑ Public Services ❑ Population and Housing ❑ Biological Resources ❑ Utilities&Service Systems ❑ Geophysical ❑ Energy and Mineral Resources ❑ Aesthetics ❑ Water ❑ Hazards ❑ Cultural Resources ❑ Air Quality ❑ Noise ❑ Recreation EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses ■ Butte County Department of Development Services ■ Planning Division■ 2 Cameron Rezone,File#REZ 98-04 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact following each question. A"No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved(e.g. the project falls outside a fault rupture zone). A"No Impact" answer should be explained where it is based on project-specific screening analysis. 2) All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant if there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from"Potentially Significant Impact"to a"Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, `Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. IV. ENVIRONMENTAL IMPACTS: 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? ✓ b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ✓ ■ Butte County Department of Development Services ■ Planning Division■ 3 Cameron Rezone,File#REZ 98-04 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant... No Impact Incorporated Impact'. ;:.. Impact c) Be incompatible with existing land use in the vicinity? ✓ d) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? ✓ e) Disrupt or divide the physical arrangement of an established community(including a low-income or minority community)? ✓ Response: The Land Use Element Map of the Butte County General Plan designates the project site as Agricultural-Residential and Timber Mountain. The Timber Mountain land use designation is found on a 13.5 f acre portion of APN 061-490-007. This project will change the zoning to FR-10(Foothill Recreational, 10-acre minimum). The FR-10 zoning is conditionally consistent with the General Plan designation of Agricultural- Residential which establishes parcel sizes of between I and 40 acres, but requires a minimum parcel size of 20 acres to be consistent. The FR-10 zoning is not consistent with the General Plan land use designation of Timber Mountain which calls for a minimum parcel size of 40 acres. The proposed rezone would allow a density change from two dwelling units on the existing 84 acre project site to a potential of one unit per ten acres, resulting in a potential of eight dwelling units on 84 acres, a density standard which is conditionally consistent with the Agricultural-Residential General Plan designation, but is inconsistent with the Timber Mountain General Plan designation. A review of the site designation criteria for the Agricultural Residential and Timber- Mountain designations indicates that the section of APN 061-490-007 within the Timber- Mountain designation fits the site criteria for Agricultural-Residential. The average slope on this section is less than 30016, it is adjacent to existing roads, and it is not within a floodplain or a known active fault. In addition, this section of APN 061-490-007 does not contain commercial quantities of pine trees, and consists mostly of oaks, digger pines, and brush. The Land Use Element of the General Plan allows the decision-making agency to decide which land use category is more appropriate where development sites are split by indefinite category boundaries that do not follow known physical features or property lines (LUE-63). The boundary between the Timber-Mountain and Agricultural-Residential land use designations on the project site does not follow any known physical feature, such as a ridge line or a waterway, nor does it follow a parcel line. It appears that the Timber- s Butte County Department of Development Services ■ Planning Division■ 4 Cameron Rezone,File#REZ 98-04 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Mountain section of APN 061-490-007 meets the criteria for inclusion into the General Plan designation of Agricultural-Residential rather than Timber Mountain. Policy 2.3.b of the Butte County General Plan Land Use Element states that "Timberland Preserve"zoning should be encouraged for all suitable sites. Although a small portion of the site is located with a Timber Mountain land use category, the site is zoned Unclassified, not Timberland Preserve, because it does not contain suitable quantities of pines for commercial use. Policies 3.2.a and 3.2.c of the Land Use Element state that residential densities should be correlated to soil, slope and other natural site characteristics and should be related to intensity and compatibility of adjacent uses. The physical characteristics of the site are such that a 10-acre parcel size would easily supporta dwelling unit, and the proposed FR-10 zoning would be of the same intensity as marry of the existing parcels in the area. Surrounding parcels are zoned Unclassified(U), with parcels just to the southeast zoned FR- 10 and to the west zoned FR-20. Parcels along Oroville-Quincy Highway are zoned Scenic Highway. Land use on surrounding parcels is residential and open space. The area to the southwest of the site is owned by the Department of Water Resources and is used for public recreational purposes. Surrounding and nearby parcels range in size from 1.1 to 1,391 acres, with the predominant size being in the 4 to 20-acre range. An existing FR-10 zone is located 500 f feet south of the project site. It is envisioned that the parcels currently zoned Unclassified that are near the Oroville-Quincy Highway will be rezoned to FR-10 in the future when the County determines a more appropriate zoning than the current Unclassified zoning. No commercial agricultural uses have been established on the site, and this project, or a subsequent land division, will not have an impact on nearby agricultural uses. Approximately 65 acres of the 84-acre site is located within deer herd critical winter range. The FR-10 zoning may lead to the creation of 10-acre parcels in an area where 40-acre parcel sizes are recommended by the Department of Fish and Game. The proposed rezone is inconsistent with Policy 6.5.a of the Butte County General Plan which states that development should be regulated in identified winter deer ranges to facilitate the survival of deer herds. This rezone project will not lead directly to any impacts to the deer herd. However, a subsequent land division that would be allowed under the FR-10 zoning could cause significant impacts. See item 7 for additional discussion on this issue. Mitigation: None required. i ■ Butte County Department of Development Services ■ Planning Division■ 5 Cameron Rezone,File 9 REZ 98-04 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 2. POPULATION AND HOUSING. Would the proposal.- a) roposal.a) Cumulatively exceed official regional or local population projections? ✓ b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? ✓ c) Displace existing housing, especially affordable housing? ✓ Response: The proposed rezone would allow a density change from one unit per 20 acres to one unit per 10 acres, resulting in a potential of eight residential units on 84 acres. Because there are already two dwelling units located on the site, only six additional dwellings could be placed on the project site as a result on this rezone request and with approval of a future land division. This change in residential density will not significantly affect the population of the area because the proposed density does not exceed that planned and being developed in the area and is consistent with the General Plan. Mitigation: None required. 3. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Seismicity: fault rupture? ✓ b) Seismicity: ground shaking/ liquefaction? ✓ c) Seismicity: seiche? ✓ d) Landslides or mudslides? . ✓ e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? ✓ f) Subsidence of the land? ✓ ■ Butte County Department of Development Services ■ Planning Division■ 6 Cameron Rezone,File#REZ 98-04 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact . Impact g) Expansive soils? ✓ h) Unique geologic or physical features? ✓ Response: All of Butte County is classified as a Moderate Earthquake Intensity Zone VIII and potential ground shaking is possible. The Butte County Seismic Safety Element Map indicates that no known faults are located near the project site. Construction of all buildings on the project site to Uniform Building Code standards will provide adequate protection to occupants in case of seismic activity. At such time anyfland division or-development is proposed, additional environmental review to assess the potential impacts'of the proposal will occur and all development will be required to meet Uniform Building Code standards enforced by the Building Division. The proposed rezone would allow a density change from one unit per 20 acres to one unit per 10 acres, resulting in a potential increase of eight residential units on 84 acres. This change in residential density will not have a significant impact on earth conditions or geologic substructures due to the large parcel sizes. Any future attempts to divide the land will require additional environmental review to assess the potential impacts of additional land divisions on the site at the time an application is made for such action. Site specific criteria would be examined and all development would be required to meet current county development standards and Chapter 70 of the Uniform Building Code for earthmoving and related site preparation. Soils on the project site are considered to have a high erosion potential, and soil disturbance in areas of steep slopes could lead to a significant increase in soil erosion. This project would allow parcel sizes often acres with one single-family dwelling unit per parcel. The amount of soil disturbance for residential development at this density would be minimal on parcels this size. A future land division on the project site would most likely prohibit construction on slopes 30%or greater unless a soil erosion control plan is approved, no soil disturbance during the wet months of the year, and the implementation of best management practices to control soil erosion. Mitigation: None required. 4. WATER Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ✓ ■ Butte County Department of Development Services ■ Planning Division■ 7 Cameron Rezone,File#REZ 98-04 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Exposure of people or property to water related hazards such as flooding? ✓ c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ✓ d) Changes in the amount of surface water in any water body? ✓ e) Changes in currents, or the course or direction of water movements? ✓ f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavation? ✓ g) Altered direction or rate of flow of groundwater? ✓ h) Impacts to groundwater quality? ✓ Response: The proposed rezone would allow a density change from one unit per 20 acres to one unit per 10 acres resulting in a potential of eight residential units on 84 acres. The expected development of the sites will not result in a significant increase in erosion of soils because of the large parcel sizes and the limited development that can occur. It is not anticipated that future land divisions will cause significant erosion impacts because impervious surfacing will not be proportionately significant on 10-acre parcels and all drainage will be required to be maintained at pre-development levels. Any future attempts to divide the land to the extent permitted by the rezone will require additional environmental review to assess the potential impacts of additional land divisions on the site at the time an application is made for such action. This proposed change in residential density will not result in any significant water related hazards such as flooding as the property is not in a flood zone. The proposed rezone will not ■ Butte County Department of Development Services ■ Planning Division■ 8 Cameron Rezone,File#REZ 98-04 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact .'h. Impact result in the substantial alteration the course or flow of flood waters because of the large lot sizes and the limited density of homesites that the rezone may allow. Domestic water for any future dwelling units on the project site will be obtained from individual on-site wells. The quantity of ground water supplies in the project area is unknown and potentially limited. Mitigation: None required. 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ✓ b) Expose sensitive receptors to pollutants? ✓ c) Alter air movement, moisture, or temperature, or cause any change in climate? ✓ d) Create objectionable odors? ✓ Response: The proposed rezone would allow a density change from one unit per 20 acres to one unit per 10 acres, resulting in a potential of eight residential units on 84 acres. Vehicle traffic generated by these new dwelling units will result in a cumulative impact on air quality created by the increased traffic generated and the use of wood burning devices. The Butte County Air Pollution Control Plan does not address the air quality impacts of small developments for possible mitigation measures, but does recommend particulate control strategies be implemented during construction. Any future attempts to develop the land to the extent permitted by the rezone will require additional environmental review to assess the potential impacts and standard air quality control measures will be incorporated at that time. This proposed change in residential density will not create significant objectionable odors, smoke or fumes beyond what is customary and expected from residential uses at rural densities. This proposed change in residential density will allow the construction of approximately six new dwelling units. Construction impacts, such as grading and operation of construction ■ Butte County Department of Development Services ■ Planning Division■ 9 Cameron Rezone,File#REZ 98-04 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact ..•... Impact vehicles, will create a temporary increase in dustfall within the immediate vicinity of the project site. This is a temporary impact that will not be significant due to the limited duration and amount of soil being moved. Measures can be taken to prevent dust from construction activities from leaving the project site. This proposed change in residential density will not significantly affect the local or regional climate. Only large projects such as the construction of high rise buildings, the creation of large water bodies, massive defoliation, or introduction of large areas of vegetation where there were previously none, would have the climatic effects discussed in this question. Since this project has none of these characteristics, it will not result in any change in air movement, moisture, temperature, or climate. The proposal will not affect air quality because the increase in the number of vehicle trips is not significant if eight additional parcels are created In addition, the proposal will not create objectionable odors, smoke or fumes Mitigation: None required. i 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ✓ b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ✓ c) Inadequate emergency access or access to nearby uses ✓ d) Insufficient parking capacity onsite/ offsite? ✓ e) Hazards or barriers for pedestrians or bicyclists? ✓ fl Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? ✓ ■ Butte County Department of Development Services ■ Planning Division■ 10 Cameron Rezone,File#REZ 98-04 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact .f g) Rail, waterborne or air traffic impacts? ✓ h) Substantial impact upon existing transportation systems, including public transportation services? ✓ Response: The proposed rezone for residential use may result in land divisions that would have the potential for eight homesites. The vehicle trips generated by these dwellings will cause an incremental increase in traffic in the area. The eight dwelling units will generate approximately 63 vehicle trips per day, but this number of trips is"not expected to significantly impact the local circulation system. Oroville-Quincy Highway(Highway 162) has the capacity to handle the increase in traffic generated by the future dwelling units on the project site. Arty future attempts to divide the land to the extent permitted by the rezone will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Roads in the area may be required to be improved to County standards by the applicant at the time of final map approval. Due to the proximity of the Oroville-Quincy Highway to the project site, Caltrans will be asked for comments concerning a land division on the project site The project site is not located near any rail lines, waterborne or air traffic systems. Mitigation: None required. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? ✓ b) Locally designated species (e.g. heritage trees)? ✓ c) Locally designated natural communities (e.g. oak forest, etc.)? ✓ d) Wetland habitat (e.g. marsh, riparian and vernal pool)? ✓ ■ Butte County Department of Development Services ■ Planning Division■ 11 Cameron Rezone,File#REZ 98-04 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Wildlife dispersal or migration corridors? ✓ Response: The proposed rezone would allow a density change from one unit per 20 acres to one unit per 10, acres resulting in a potential of eight residential units on the project site. This change in residential density will not have a significant impact on, or result in a substantial change in the diversity of plant life on the sites because of the large parcels that could be created The project site is characterized by coniferous forest and oak woodland vegetation. The project area is known to contain Golden Eagle habitat but it is not known if Golden Eagles use the project site. It is anticipated that the rezoned land will be divided and some clearing will take place to accommodate site development and non-native landscaping may be introduced, but significant losses of vegetative diversity are not anticipated to occur because of the large parcel sizes. Arty future attempts to divide the land to the extent permitted by the rezone will require additional environmental review to assess the potential impacts of additional divisions on the site at that time. Full assessment pursuant to the California Environmental Quality Act will be performed at a future time when the parcel configuration and access are known.- This project site is not in an area that is known to contain rare, threatened, or endangered plant species and no physical changes will occur as a result of this rezone. Additional environmental review will be required when an application is made for a land division. At that time botanical surveys may be required and mitigation measures will be developed based on proposed parcel configurations. The rezone will provide for parcels of sufficient size to avoid any rare or endangered plant populations should they be found to exist on the site. The project site contains many numerous oak trees. This habitat is considered important because it provides most of the life sustaining requirements needed by numerous animal species. There has been significant cumulative losses of oak woodlands in California due to residential, commercial, and other development projects. A mitigation of a future land division on the project site would require that any oak tree more than 4 inches in diameter at breast height that is cut down be replaced on a 4-to-1 ratio. Approximately 65±acres of the 84-acre project site is located within an area that has been determined by the California Department of Fish and Game (DFG) to be critical winter habitat for deer. During the winter months, this area has the potential to provide food and shelter for numerous deer. As such, DFG recommends that there be a minimum parcel size of 40 acres in order to allow sufficient area for deer herd movement. Approximately 25 f acres of APN 061-490-024 and approximately 40 t acres of APN 061-490-007 lie within critical winter habitat. The remaining area lies within a Designated Development Zone (DDZ). Parcels located within a DDZ are allowed to have the minimum parcel size ■ Butte County Department of Development Services ■ Planning Division■ 12 Cameron Rezone,File#REZ 98-04 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact permitted by the zoning. A request for comments on the project was sent to DFG, but no comments were received in return. The proposed FR-10 zoning is inconsistent with the Department of Fish and Game's recommendation of 40-acre parcels and with the County's goal of maintaining large parcels sizes in areas that have been designated as deer herd critical winter habitat. The FR-10 zoning will allow 10-acre parcels, well below the parcel size recommended by the DFG. The Department of Fish and Game may be willing to work with the applicant to allow 10-acre parcels, such as specific fencing standards, deer habitat improvements, collection of deer herd fees, clustering of homesites, or flexible lot sizes. Because the change in zoning to FR-10 in and of itself will not cause any environmental impacts, no mitigations are recommend for project approval. It is at the time of development of the 10-acre parcels, after a parcel map has been approved and recorded, that impacts may occur to the deer herd A condition of any future parcel map to create 10- acre parcels should provide for approval from the Department of Fish and Game prior to the tentative map approval. The initial study for arty future land division on the project site may conclude that an Environmental Impact Report(EIR) is required in order to determine the impacts that will be occur to the deer herd and recommend mitigations that will prevent those impacts. Mitigation: None required. S. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? ✓ b) Use non-renewable resources in a wasteful and inefficient manner? ✓ c) Conflict with the extraction of identified, significant mineral resources? ✓ Response: The proposed rezone would allow a density change from one unit per 20 acres to one unit per 10 acres, resulting in a potential of eight residential units on 84 acres. For the short term, the use of energy will be limited to that fuel needed to operate the machinery required to construct driveways,prepare the building sites, and construct the homes. For the long term, energy will be required to heat, cool, and light these homes. This energy use ■ Butte County Department of Development Services ■ Planning Division■ 13 Cameron Rezone,File#REZ 98-04 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact p. will occur regardless of the location of the homes and is really a function of the continued population growth in Butte County and California. Much of the electricity used in Butte County is generated by hydro-electric power plants and is considered a renewable source of energy. No significant mineral resources are known to exist on the project site. Mitigation: None required. 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation) ✓ b) Possible interference with an emergency response plan or emergency evacuation plan? ✓ c) The creation of any health hazard or potential health hazard? ✓ d) Exposure of people to existing sources of potential health hazards? ✓ e) Increased fire hazard in areas with flammable brush, grass, or trees? ✓ Response: The proposed rezone may result in land divisions that would allow eight additional homesites. These new homesites represent an incremental increase in the need for fire protection services. The project site.is located in an area designated as a high fire hazard area. The fire hazard in this coniferous forest-oak woodland area is two dimensional, in that all structures are exposed to external fire hazards as well as presenting a potential source of fire ignition to surrounding lands. The Butte County Fire Department/California Department of Forestry has indicated that this individual rezone has no impact on the Fire Department, but the cumulative affect of such rezones and higher densities does result in an incremental increase in demand for fire protection services. The proposed rezone will result in the potential for eight additional homesites in the area and any future attempts to divide the land to the extent permitted by the rezone will require additional environmental review which will result in mitigation measures/conditions requiring fire sprinkler systems, water availability requirements and the application of fire safety standards found in Public Resources Code 4290. ■ Butte County Department of Development Services ■ Planning Division■ 14 Cameron Rezone,File#REZ 98-04 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Mitigation: None required. 10. NOISE. Would the proposal result in: a) Increases in existing noise levels? ✓ b) Exposure of people to severe noise 5 levels? ✓ Response: The project site is located in an area of rural residential. ,uses away from customary sources of significant noise. Intermittent noise from vehicles on nearby Oroville- Quincy Highway (Highway 162) and from power boats on Lake Oroville can be heard throughout most of the site. This rezone project will not cause an increase in noise or expose people to severe noise levels. A subsequent land division as a result of this rezone project will result in an increase in noise created on the project site and on the adjacent parcels. Construction noise will be the first new source added to the site that could influence nearby residents. Sources could include heavy equipment, power saws and hammering and can be significant, especially during noise sensitive hours Construction activities would temporarily generate high noise levels on and adjacent to the project site intermittently during project development activities. This construction noise, especially grading equipment, will not have a significant impact on nearby residents because the noise will be intermittent and short-term in nature and because of the long distances from nearby residences. Mitigation: None required. 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ✓ b) Police protection? ✓ c) Schools? ✓ d) Maintenance of public facilities, including roads? ✓ e) Other governmental services? ✓ ■ Butte County Department of Development Services ■ Planning Division■ 15 Cameron Rezone,File#REZ 98-04 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact . -A Impact Response: The proposed rezone may result in land divisions that would allow eight additional homesites which represents an incremental increase in the need for fire protection services. The project site is located in an area designated as a high fire hazard area. The Butte County Fire Department/California Department of Forestry has indicated that this individual rezone has no impact on the fire department, but the cumulative effect of such rezones and higher densities does result in an incremental increase in demand for fire protection services. The proposed rezone wild result in the potential for eight additional homesites in the area and any future attempts to divide the land to the extent permitted by the rezone will require additional environmental review which will result in mitigation measures/conditions requiring fire sprinkler systems, water availabilityre uirements and the application of fire safety standards found in Public Resources Code 490. The cumulative impacts of increased development in rural areas impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. Sheriffs facilities will be collected at the time of building permit issuance to offset the cost of proving sheriff services to the new dwelling units on the project site. The proposed rezone may result in land divisions that would allow six additional homesites, which represents an incremental increase in the demand for school services in the area. New development is subject to payment of school fees that are collected prior to issuance of building permits. The proposed rezone may result in land divisions that would allow six additional homesites which may represent an incremental increase in the demand for maintenance of roads and other public facilities in the area that is not considered significant due to the small number of potential additional residents. Mitigation: None required. 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? ✓ b) Communications systems? ✓ c) Local or regional water treatment or distribution facilities? ✓ d) Sewer or septic tanks? ✓ ■ Butte County Department of Development Services ■ .Planning Division■ 16 Cameron Rezone,File#REZ 98-04 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Storm water drainage? ✓ f) Solid waste disposal? ✓ g) Special Districts? ✓ Response: The project site is located in an area that is already served by Pacific Gas and Electric, which forecasts energy consumption of their service area and provides for future facility planning. The need for new generating facilities has been offset by the use of energy efficient construction in homes and energy efficient appliances. Pacific Gas and Electric already has distribution lines in the project area and can serve the energy requirements of this project without substantial alteration to existing facilities. The cost of extending new service lines may have to be borne by new residents. Pacific Telesis already has distribution lines in the area and can serve the communication needs of this project without substantial alteration to existing facilities The cost of extending new service lines may have to be borne by new residents. Currently, the Butte County Landfill still has the capacity to serve the additional dwelling units that may result from any future land division of the project site. There is no mandatory garbage pick-up service required in the rural areas of the County. Some residents may choose to transport their own refuse to the landfill. Any future dwellings on the site will obtain their domestic water supply from individual on- site wells. Sewage disposal will be handled by individual on-site septic systems. Ground water supplies in the project area are unknown, and may be potentially limited. There should be sufficient area on 10-acre parcels to support a septic system. Any new wells and septic systems will be required to meet the requirements of the Environmental Health Department. Mitigation: None required. 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or designated scenic highway? ✓ b) Have a demonstrable negative aesthetic effect? . ✓ c) Create light or glare? ✓ ■ Butte County Department of Development Services ■ Planning Division■ 17 • Cameron Rezone,File#REZ 98-04 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: The proposed rezone may result in land divisions that would allow eight homesites. The project site does not contain significant light sources at the present time and is located in a rural area were night lighting in minimal. The six new homes that could be built as a result of arty future land division will most likely have night lighting for safety and security reasons. However, these lights will not cause a significant impact because they will be few in number. Street lights will not be required as apart of any future land division project. Portions of the project site are visible from Oroville-Quincy Highway. This rezone project will not result in any development that can be observed from this roadway, but a subsequent parcel land division will allow development, which could be seen. Due to the numerous trees on the site which will obscure structures on the site, it is not expected that any future development on the project site will create a negative aesthetic effect. Mitigation: None required. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ✓ b) Disturb archaeological resources? ✓ c) Affect historical resources? ✓ d) Have the potential to cause a physical change which would affect unique ethnic cultural values? ✓ e) Restrict existing religious or sacred uses within the potential impact area? ✓ Response: The project site is located in a general area characterized as having a high archeological sensitivity, and historical or cultural resources may be located on the site. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or above bodies of water. Many of these characteristics exist on the project site. The proposed rezone may result in a land division that would allow eight additional homesites that may have an impact on archaeological sites during development activity. This issue is best addressed at the time an application is made for a land division when parcel configurations are determined and an archeological study can be completed if necessary. If any sites are discovered, mitigations will be added requiring avoidance of sites or other mitigations designed to preserve artifacts. ■ Butte County Department of Development Services w Planning Division■ 18 Cameron Rezone,File#REZ 9M4 Potentially Significant Less Potentially Unless Than' Significant Mitigation Sigaifi No Impact Incorporated Impact Impact Mitigation: None required. 15. RECREATION. Would the proposal a) Increase the demand for neighborhood or regional parks or other recreation facilities? ✓ b) Affect existing recreational opportunities? ✓ Response: The proposed rezone may result in a land division that would allow eight additional homesites and which could represent an insignificant incremental increase in the demand for park and recreation facilities in the area. The proposed rezone will not affect existing recreational opportunities. Mitigation: None required. 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or . eliminate important examples of the major periods of California history or prehistory? ✓ b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are ■ Butte County Department of Development Services ■ Planning Division■ 19 Cameron Rezone,File#REZ 98-04 considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). ✓ c) Does the project have environmental effects which will cause substantial adverse effects on human being, either directly or indirectly? ✓ Response: As discussed in Section IV, this rezone project will not have a significant negative impact on the environment nor will it cause any significant cumulative impacts. Approval of this rezone will potentially allow the applicant to submit an application to subdivide the project site and create eight 10-acre parcels. The environmental issues that may result from such a land division would be completely addressed when an application is made for a land division that indicates parcel configurations and access requirements. V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: None DATA SHEET A. Project Description 1. Type of Project: Rezone from Unclassified to TM-10. 2. Proposed Density of Development: Approval of this project would allow a land division application to be submitted to create eight new parcels for residential use. 3. Amount of Impervious Surfacing: Minimal. 4. Access and Nearest Public Road(s):Access to or frontage on Foreman Creek Road &Ratchel Mountain Drive. S. Method of Sewage Disposal: On-site septic systems. 6. Source of Water Supply: On-site wells. 7. Proximity of Power Lines: To project site. 8. Potential for further land divisions and development: Approval of this.project would allow a land division application to be submitted to create eight.new parcels for residential use. B. Environmental Setting 1. Terrain a General Topographic Character: Mountainous- flat to steep hillsides. ■ Butte County Department of Development Services ■ Planning Division■ 20 • i Cameron Rezone,File#REZ 98-04 b. Slopes: Average of 13%, with some slopes over 30%. C. Elevation: 1,000 to 1,260 feet above sea level. d. Limiting Factors: Some areas of steep slopes. 2. Soils a. Types and Characteristics: Unknown(soil maps of area not available). b. Limiting Factors: Exposed soils may be easily eroded. 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: High. C. Landslide Potential: High. d. Fire Hazard: High. e. Expansive Soil Potential: Low. 4. Hydrology a. Surface Water: Several small seasonal drainages. b. Ground Water: Unknown, potentially limited. C. Drainage Characteristics: The parcel generally drains to the southeast. d. Annual Rainfall (normal): 45 inches per year. e. Limiting Factors: Potential inadequate supplies of ground water to support residential uses. 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Generally good - intermittent noise from vehicles on Highway 162 and from boats on Lake Oroville. 7. Air Quality: Good. 8. Vegetation: Oaks, pines, brush. 9. Wildlife Habitat: Deer, mountain lion, and small.mammals. Possible eagle habitat. 10. Archaeological and Historical Resources in the area: High sensitivity area. 11. Butte County General Plan designation: Agricultural-Residential. 12. Existing Zoning: Unclassified and Scenic Highway. 13. Existing Land Use on-site: Two dwelling units, open space. 14. Surrounding Area: a. Land Uses: Rural residential, open space: b. Zoning: Unclassified, FR-10, FR-20, Scenic Highway. C. Gen. Plan Designation: Agricultural-Residential, Timber Mountain, &Public. d. Parcel Sizes: 1 acre to 1000 acres. 15. Character of Site and Area: Rural residential, open space. 16. Nearest Urban Area: Oroville. 17. Relevant Spheres of Influence: None 18. Improvement Standards Urban Area: None. 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station# 62, approximately 2 miles to the east. b. Water Availability: Fire tankers. 20. Schools: Oroville High and Pioneer Union Elementary School Districts. ■ Butte County Department of Development Services ■ Planning Division■ 21 Cameron Rezone,Fite#REZ 98-04 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: C112M 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 Hi hway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Hi &way Element. Oroville, CA: C112M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map_ Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Man. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map,Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 16. Soil Survey of Chico(1925)/Oroville(1926)Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Man. Butte County Fire Department and California Department of Forestry, 1989. K:\PROJECTS\REZ\CAMERON.REZ\CAMERON.IS ■ Butte County Department of Development Services ■ Planning Division■ 22 BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, October 8, 1998, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California,regarding the following item: ITEM ON WHICH A NEGATIVE DECLARATION ING ENVIRONMENTAL ITAPACTS HAS BEEN RECOMMENDED 9:00 a.m. - Bob Cameron -Rezone from"U" (Unclassified) to FR-10 (Foothill Recreational - 10 acre parcels) located on both sides of Ratchel Mountain Road, at 40 Ratchel Mountain Road, and on the north side of George Cameron Road at 72 George Cameron Road, identified as AP 061-490-007, 023, & 024, Berry Creek. (SB) (REZ98-04) The above mentioned application,Initial Study, and map are on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Thursday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. If you challenge the above applications in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES To be published in the Oroville Mercury on Friday, September 18, 1998. BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Department of Water Resources FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Bob Cameron,RZ 98-04 DATE: April 28, 1998 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any;and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete mithin 30 days of its submittal it should be heard at the estimated hearing date indicated belo w. :f a response cannot be submitted within the time frame gi V e n,or if additional information is needed, please cal1538-7601. Thank you in advance for your time and efforts. This is an application for Rezone from Unclassified to FR-10(Foothill Recreational- 10 acreamceW on property zoned 11T(Unclassified)and SH(Scenic Highway)located on both sides of Ratchel Mountain Road,at 40 Ratchel Mountain Road, and on the north side of George Cameron Road at 72 George Cameron Road,Bey Creek,identified as APN 061-490-007_ 008,023 &024. Supervisorial District No.1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON August 27, 1998. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN May 12,1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): The property to be subdivided in Township 20 North, Range 5 East, Section;17 as indicated on the map submitted by Ron Graves and Associates will not have any effect upon the operation and maintenance of Lake Oroville. Erosion, sewage, runoff rates, and contamina_ _ ----o Lake Oroville could become a problem if the subdivision is ever rezoned for parcels smaller than 10 acres. ®�anYli�g ► z�►f,�1 QV $ By: Date: ! hc 7 County Center Drive -Oroville,California 95965 - 530-538-7601 -FAX 530-538-7785 NO 0,0 LMAr .A WA MW � i� � _ ��i t -411:0.' - 7 �� � r /. WA W4 } �� �� � � � :. • i 1 1 � � s -' . + �; a 4 ' �- 4 � T � � f '� 1n 1 ' x •1 i .`�� ' ' k "fid.' f,`Q'� .-h '�" '' � � i; � .as 4 t � '�;i _ �q� � 6 Y RZ 0, BobAN 061-490-007, 008, 023&024 • � 'r ass���u � � •,`� �''�, .v'� •,a-'. }fib 'wS- y�. t4 Com" 4 <. t-"3 k: ,L'.. � �',. E f�; 4�rY a f( x t ++s' BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Environmental Health FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Bob Cameron,RZ 98-04 DATE: April 23, 1998 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any;and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone from Unclassified to FR-10(Foothill Recreational- 10 acream cels)on property zoned U(Unclassified)and SH(Scenic Highway)located on both sides of Ratchel Mountain Road,at 40 Ratchel Mountain Road; and on the north side of George Cameron Road at 72 George Cameron Roads Creek,identified as APN 061490-007. 008,023 &024. Supervisorial District No.1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON August 27, 1998. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN May 7,1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if ne essary): N. m U/ �'��t re zy�,e By: Date: 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: California Department of Forestry FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Bob Cameron,RZ 98-04 DATE: April 28,1998 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone from Unclassified to FR-10(Foothill Recreational- 10 acrean rcels)on property zoned U(iJnclassifredand SH(Scenic Highway)located on both sides of Ratchel Mountain Road,at 40 Ratchel Mountain Road_ and on the north side of George Cameron Road at 72 George Cameron Road.Berry .Creek,identified as APN 061-490-007, 008,023 &024. Supervisorial District No.1. V THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON Au ug st 27, 1998. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN May 12,1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): l h� indiyiduoi rezone ha; no iraVrmrt on thn Fire Dr-nc?e''S`mm�t, of rl�-Cri: 1 fr+ �(c', c a:?erfis is increased demand for fire protection servlralg a and hd'e her costs to the county. FlOning Division APR 2 8 1998 0(il d By: Date: 7 County Center Drive -Oroville,California 95965 - 530-538-7601 -FAX 530-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: LAFCo FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Bob Cameron,RZ 98-04 DATE: April 28, 1998 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any;and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone from Unclassified to FR-10(Foothill Recreational- 10 acrean rcels)on property zoned U(Unclassified;)and SH(Scenic Highway)located on both sides of Ratchel Mountain Road at 40 Ratchel Mountain Road, and on the north side of George Cameron Road at 72 George Cameron Road,Be=Creek,identified as APN 061-490-007, 008,023 &024. Supervisorial District No.1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON August 27, 1998. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN May 12,1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): TRA /O/ 000 /. gaWe Co//��/y0t4/0;4 Con�vo Z. AeAyh e' PA'e r PaYYC S 4 Ric'. 3. Pionrev E S. D;sf. 'f+ Orov!llc Llato.. G. CSA No //.y (ynilYA/ CDa�.a/J Xrca d in TM GP as well, ::;LA;s .s4ou& vhalve a GPA . Planning Divislon APR 2 8 1998- �way.:lln �wllfwer.�i+ Myr YAYa By: Sf��[� C�cui Date: 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES / PLANNING DIVISION TO: Public Works FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Bob Cameron,RZ 98-04 DATE: April 23,1998 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any;and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone from Unclassified to FR-10(Foothill Recreational- 10 acrean rcels)on property zoned U(I lnclassifiedl and SH(Scenic Highway)located on both sides of Ratchel Mountain Road at 40 Ratchel Mountain Road, and on the north side of George Cameron Road at 72 George Cameron Road,Berry Creek,identified as APN 061-490-007_ 008, 023 &024. Supervisorial District No.1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON August 27, 1998. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN May 77, 1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): �i✓isia� 050 ?i�L'fV -Awos 4✓11 1- /L&D,U//Lto' OK /11,*i1 �4i✓f� Co-,✓sTiZv 1-77a- ap& /q-CC(,1s s �Lo�/�f 'ly ��v�✓'lZi Srl iyd719�t/JI Planning Division APR Z 4 1993_ By: CGI Date: Z 91991 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-'538-7785 RECEIVED APR 2 3 1999 COUNTY OF BUTTE LAND DEVELOPMENT DIV. LEAD - Ilii SHEET FILE N(O. RZ 98_04 Ap# 061-490-007, 008, 023 & 024 APPLICANT: Bob Cameron, 14 Foreman Creek Rd., Berry Creek, CA 95916 Name OWNER: Same Name Addmu RESPRESEN'TATIVE: Ron Graves & Associates, P.O. Box 986. Orov;l la, M 95965 Mame Addrm REQUEST: n v ,-ka C) p h' SIZE: LOCATION: or, Ln,�� ic�<s o f t Wb and cars 4-VNe nnr-Vk --midc nr-- cclear4r �c�- � �- �ec�r4c Ca vnc.('on �,.. er(�l Gc-•c,e_k CcC'�� SUPERVISORAL DISTRICT# EXISTING ZONING: U neo ss��l e ZONING HISTORY: Q SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: APPLICABLE REGULATIONS: kAforms\lead-in Planning DiViS9on APR 2 11998 J12 �eorge C4irv,ero� �2e� • - ao� G„ LkO fir. 62y COMMENT DISTRIBUTION LIST APPLICATION: Bob Cameron DATE: April 23, 1998' County Offices and Cities: / Chief Administrative Officer _ _ Develop.Services Director ✓X_ Public Works Director Environmental Health _ Assessor _ Building Manager Sheriff _ BCAG _ ALUC LAFCo _ APCD _ Butte Co.Farm Bureau Biggs _ Gridley Chico _ Oroville _ Paradise Chico Airport Commission Agricultural Commission Irrigation District: Butte Water _ Biggs/W.Gridley Water _ Durham Irrigation OWID _ Paradise Irrigation _ Richvale Irrigation Table Mountain Irrigation _ Thermalito Irrigation _ Other Domestic Water i _ Butte Water District _ California Water Service Co. _ Del Oro Water Co. OWID _ Thermalito Irrigation District _ Other Sewer Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision(CSA 21) _ L.O.A.PUD Fire.Protection ex– California Department of Forestry _ El Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation _ Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks Utilities PG&E North-Chico _ Chambers Cable TV _ Pacific Bell PG&E South-Oroville Viacom Cable TV State Agencies ACalTrans (Traffic) Dept.of Water Resources Dept.of Fish and Game Forestry(Attn:Craig Carter) _ Dept of Parks and Rec. _ Highway Patrol — Central Reg.Water Quality Cont _ Caltrans,Aeronautics Program — Department of Conservation _ Off.of Mining Reclamation — Off.of Governmental&Env.Relations — Dept.Social Services,Comm.Care Licensing Federal Agencies US Forest Service — US Bureau of Land Management — US Fish&Wildlife Service Army Corps of Engineers Other Districts,Agencies,Committees,etc. Lime Saddle Dist _ Community Association — Mosq.Abatement.Oroville/Butte Co Drainage — Butte Env.l Council — Paradise Pines Com. Assoc. Reclamation — Cal Native Plant Society Butte Co.Mining Committee — Forest Ranch Community Assoc. Butte Ck.Watershed Conservancy_ School Districts BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Bob Cameron,RZ 98-04 DATE: April 28, 1998 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Rezone from IInclassified to FR-10(Foothill Recreational- 10 acre parte on property zoned U(Unclassified)and SH(Scenic Highway)located on both sides of Ratchel Mountain Road,at 40 Ratchel Mountain Road, and on the north side of George Cameron Road at 72 George Cameron Road,Bey Creek,identified as APN 061-490-007, 008,023 &024. Supervisorial District No.I. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X_PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON August 27, 1998. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN X12,1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS(Attach additional pages if necessary): r By: Date: 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 Don FAX /TRANSMITTAL SHEET � assooaTes DATE L4. : �1 . 9b I JOB NO. G)� ..O 3G) CIVIL ENGINEERS LAND SURVEYORS SUBJECT P.O.Box 986E ' 100 A Gold Dredger Dr. (91534-958 Oroville,CA 95965 FAX (99 16) 533-8844 44 TO: �t�'r� Coy rt.►T�I QLe W Q 1146-6 ATTENTION: �7 APN (01-45�--7B3 We are sending you enclosed O Under separate cover via Iv` �S f�DE R the following items Copies Description Dated ?a,5 P 1 GL1EL.11. 24.2.E 100 THESE ARE TRANSMITTED as checked below 14 For approval ❑ For review and comment ❑ Returned for corrections ❑ For your use ❑ Approved as submitted ❑ Material returned after loan to us ❑ As requested ❑ Approved as noted ❑ Resubmitted copies for approval COMMENTS PianninO APR 2 11998 0MV11199 CSINomla Transmitted by Copy.to IF THE ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE 4�.2��9$, .Ie333. GATE RECEIPT TOTAL PUBLIC LAFCO USE VARIANCES PUBLIC ZONING ENV OTKER APPLICANT RECEIVED FROM NO. RECEIVED WORKS PERMITS DOCUMENTS NEALTK t RECEIPT 16333 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY NAsk r - t iii r.•. .. •. 1 T urix 77 pw;. ,, * , r :l fi 4 ...f. .S t• DATE RECEIPTTOTAL PUBLIC LAFCO USE VARIANCES PU BLIG ZONING ENV OTKER APPLICANT RECEIVED FROM NO. RECEIVED WORKS .'PERMITS DOCUriENTS KEALTN RECEIPT 16333 j OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY 1 FRANKLIN MONEY FUND • PAYABLE THROUGH BANK OF AMERICA 95 530 LYTTON AVENUE P. X 180 PAOLO OA TO, CA 94301 Q� �` 19LCL 11-35/1210 PAY TO THE ORDER OF f Cf1( I $ Oa E/� OLLARS NOT VALID FOR LESS THAN$100. J R CAMERON TTEE G F MILLS 8 D C CAMERON REV MARITAL TR D UDT DTD 12-1-66 14 FOREMAN CREEK ROAD BERRY CREEK CA 95916-9602 MEMO 110006 196 9 511' �: 12 L000 3 58l: 148 4 111900 L 111' _- >. 4as - .:, 'y�_.. .. .."-A- `---'- - --'-' - --' ......-._, - - {�,• _ , �47,zu, 61- 49 T.20 N. R. 4 45 5 E. • M.D.B 45 M. 754.53 =66� 2 � ' � I 2O3A 9. A 171.04 - cs 3 'y 17 "1.17 r a ' A ' '� 0 9.65AC J / +G11 p1MORE_CRE ` / �1.O1 19 rr r 5.• „ 16 161.3 C- �, o+ 4 pF b �� / -1200 2.12ACPM45 1.T lac_ \ 39 aa�35 i! 661.44 SEE BELOW PARCEL NO.7 ��\ 93.94 pp .2/ � P ti O lr 'LLI 00 9.24AC . p �RROAGGRK CANYONCREEKRO . FG'- 3 7� 111 r' r =;.1303.44 6.3.3.39t " r ! 67 4 LOT 1 I ` ,•( 5 )198 8 O .d; 3O rA, co � 1r _ "9.23 r� rr � 13/5L80 7 6.3 � • - l 22 4/.91 AC `%.4O.O2AC&l ;A NOTE;These Porctls ort for Osssssmtnf.Purposes only _ H o 6 X0.1 • 54.2OAC 7I-08 � , ;', and may not constltuft /1901 Parcels. _4T" �� Z 3/.74 tDRS54 ' `1376.20 1334.13 667.07 , • i�, J 1G �\ , I q� / 0 _ LOT 2 «� !34/.33 \ 15 a �`GJ-r T O 38.76 J3 a N 9 AC. X91 . 2AC QN2O.2OM. ch 42.16AC a 3J "21 90 RS IIO-5l4 /36 .59WS 86 I2.03 GEC MERG 3 16 17 18 19 �E 23 I 901.1 � 4/ rrvE SEE ABOVE `;%O.18AC "1014 ; pA I \ r36.(23AC �a9� viN� Cq*rON DWR _;� ;`, 25_15.47AG� m O0�,��A�\ PM 5,-,100 12e7.05 F41-28-1 F ;�,(�/7.79AC 663.46 C �i J 1- Ns I m 16 •1 96.28 2 "'23 �. X456.6 3 32 17.6OAC ' m " 912.71 30 _ y 4 411 2810.79 `- zo 6►4.PM9741 5'370 33 • v `r r ip17.69 11 -' 31 SEES ABOVE C� 6- T 29 5'27 2. 71-40 I 9 1 LAKE OROVILLE l '? � Assessors ap No. 61-49 171-091County of Butte,Colif. a REVISED: 1-93 (71-4• CAMERON REZONE TIMELINE April 21, 1998 Application submitted. CApril 28, 1998 Request for comments sent to the Department of Fish and Game (DFG). Comments requested to be returned by May 12, 1998. April 26 (date approximate), 1998 Applicant's engineer informed during a conversation at the Planning Division counter that most of the project site is within critical deer winter range and that a 40-acre minimum parcel size is required. , May 20, 1998 Application determined to be complete. September 15, 1998 Project scheduled for an October 8, 1998, public hearing before the Planning Commission. September 18, 1998 Notice of October 8, 1998, public hearing placed in the Oroville Mercury-Register newspaper. 5ep 29• — S S October 6, 1998 Letter received from applicant's engineer requesting that the project be continued by the Planning Commission for two weeks. October 8, 1998 Planning Commission continues the public hearing until November 12, 1998. October 13, 1998 Letter sent to DFG(Region 2 headquarters) requesting they comment on the project. November 12, 1998 Planning Commission continues the public hearing until December 10, 1998, to allow more time for DFG to respond to October 13 request for comments. November 16, 1998 , Comments received from DFG. They recommend against the project because most of the site is in critical deer winter range. December 10, 1998 Planning Commission votes 3-1 to deny the rezone project because most of the project is located within critical deer winter range. l January 5, 1999 Clerk of the Board of Supervisors sets a public hearing before the Board on January 26, 1999. January 25, 1999 Letter received from applicant's engineer requesting the Board continue the public hearing unit the first Board meeting in February. January 26, 1999 The Board of Supervisors continues the public hearing until February 9, 1999. i �� �;x'r r,x t•:",�;` Y';'x: ,.�Yw•�,r, i t �"yAy ,,tA h,;,,;, f: ff5""�Y 'i�• xr -t, rt ,rY•�. .i`• •. - t . .hr. .n- ; v't •;�^�+,, " •r nr, 'fi "1 rf�..+ J�' w.rflri�,°;Hry.P 11.1. •tat w h. :w •ys{,1S t . i' 1�}C • 'Y r .7.-F <r. ri. it �• h' "!+»"".`! ..Z.,j++�«'e9t x,<L+�f, ��'�n�vrt�r JF tai ., •t:J+. �''=>g!!:.,+• ' d;° w,+ `:,Y.,.,y i��.tr.'t;•:_ s,.i•1 w t it•y�lrii; Y•.;.1 ,t..A%x•'TJ ti f 'itir,v y -;c"7SY' y._ r_- v.. w :t tr-.r :,w-- +-�-c:47 s /l-1 ,.., 5'{\a,}.sf: 'd'�'='�;i ii''�''Gt i `IJP ♦* WAN" '�: J:ty ♦,i t-t � t' :bl:,!c •''. � ,�, .. y ,c.. x� 5•yE J�°� ,r.;, 3a. -� 5.7 q..i 'd ;�. .;tt 4;:1 yu°Rt ,,p}S�5.�it1 t. ,. _*'tri > � ;t+��� ':w �-•f'��'� ,i;j s�v'.j'.n<•;'1•y'�., •:'aT.�,'Y•;V+�'.S: `?SSil.�i;�f�w :..;I 1v•w'{�r�;1•.�'���"i:'•.:'•�.r}J t� ::�'; .1 qtr; + s 1 t "f'...to ♦ t„ �7 •(.I+f l ',.- L.'T � � y fid. .�,�4:1�,.•t 't yr.i� wr1,�+ly�11 1•�.+�-,1.^5`.�,'F .5�'Ij�l�.\`Y�`.11�'�tl�'�• 4 t. r�� �"�•�.. i� ' L', i.i4•J -,�` `' �'Y.r�t ._�. btt ,.t I "(.... ,r 6 ,, `r L+I• d :t.s', rt.tt t i 'si•a ,4v>•hr n, F••� t �� rl -J 4 r i- � .y+ f1 -a '•Y`•' at' ';r-•"t�' f lt`T!''� h' _ t, � I ..,i \ t *r •5' T{• h� �•i( '�. 1 ,+�1a•; v - a,. u• ,�,•.. rt S 'n' t �X _1 Y i +�.' rvitl-_"�'tia tr., 2.t w c �5• ,j`r a i 1;?'.57,ihftu 'r I:� 'a 1-r.J`, .F�`r, Y x ♦ �#E.rj[r�' r F�3 ��y'y't rr`ei,, ,,f ~�` t,: i tj•\/., � I.n f 1t+ °t �x•1 j,.4`�. v, 1� � , :,r y t t. �,•l.ti #.,:tt �,�' f + -•.i.l 4 i �.Y'-. •.r r '\ #'.r: .� .(?: :t•" 1--�t^: wr..a ..,•. t'" •}r FILE NO.2 87-20 q BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS December 10, 1986 d'i•..' APPLICANTS Bill warshaHer ,at"•i rail;•'-i,,:�r•�•r.`..�7.G. OWNERI Same .ri.:fir, :' :1",.; '�?•;+`'•' REQUEST t Rezone from U to FR-10 AP NO.1 61-49-34 SIZE2 35.81 ac. • • Drl,,e offof •Wqh"ay )62 r approximately I mi . Past Canyon Creek Bridge, north of Oroville. ZONING HISTORY: Zoned U Sept. 17, 1986 SURROUNDING LAND USEI Lake Oroville, Foreman Creek recreational area, limited rural yresidential .recommended Board deny w 1 M rezone; 4-7 SITE HISTORY2 8/28/25 TSM application for 8 lots acrest 10/25/e5 rezone application for FR-31 12/19/85 Planning Commission denied rezone, appealedi 3/18/86 Board refnrred rezone back to Planning v Commission; 4/23/e6 Planning Commission > applied = :.•''•�•'.' 347; Ff"` ho a rd but not ,•.. acted .•a' it ,�jl ;,,:�j� � Commission; 9/17/86 Rezone application .. Development 11cation vilthdra.ni 10/13/66 TSMapp i•+' ` denied by Advisory Agencyl 11/4/06 TSM •,�i r Y�•r„ .r t approved arNt,lY 'J "i:;•/�'r each; it/19/86 rezone applicet;on to t`,}1 i Fart iia c S;, f -�• •rti,,y�r• DESIGNATION: • rp',.•tt }.j, •'i qua,yr: T, t;°• Vit: APPLICABLE REGULATIONS1 .ivJ,A. { and � �r G :t :nsY'•:�i• -J\,� • ,.y;� •• - ..A- �i�.�� _ ,,<4:,.,r 7Y.: r•'.1',�;0';';.L�yrr' i�;.??!„rf'7:,`i'`L':;r�,as InJ.»,ia��.rltC,pi'�,(�•''” 't '+its �_. • _ �. F •s is t- ✓. ,, •° t�r i 5. •o- .ruR, t s.C•'•, .. ;.,f Y,..:.,< +•. a •/tiF••^+,I.�i:ejr� i r �'• ^ti 4 }.� v sl-y a:t.moi.��.;r.:l Si'?� ;� ..fi.�i W 3. tTw••t.'r- f r. t v�h��:•:.�t'�'.l i'•r� •5•l1`�r.S rit�TJ�'�j�R• A4r' t 1 c r; r p� A ',1�i, t Rw•,t,�,+.t ✓ Cy Cf SI %�,.r 1 .': S f :i � 1 d 4� ,r c 'il i f t,•=:. y' J � t, r, rry t ,�i�{.: `'�'�.t'Sr Yt '� _ Vit:��,.: 1 !ir .t .!�r. \ 'i ,•, /y q�.t.r';•� ry'Y S'L. tti.� � �.i.R'''L 'x'1:1` t! •t":R" \' '� tS',� ' �, ? •" „r.,'t+. 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'��•��1 "�,.3•?z^:Sk-� 'y6a��2,�:.{ j, , a Ask BUTTE COUNTY PLANN I OCOP'M I SS I ON STAFF FINDINGS - December 10, 1986 Page 2 Comments Received: Environmental Health: "No objection to rezone. Any development subsequent to the rezone shall comply with minimum sewage disposal area requirements and water flow requirements of the Butte County Subdivision Ordinance." Analysis: On 11/4/869 the Board of Supervisors approved a subdivision map on site creating 4 lots of 9• acres each. In their motion of approval the project was found consistent with the General Plan. According to the Board sufficient Information had not been submitted which proved thn project would cause damage to wildlife or habitats. They adopted n mitigated negative declaration with 13 mitigation measures. Number 13 reads "prior to recordation of the final map, apply for and diligently pursue a rezone to FR-10." This condition does not limit the Planning Commissions discretion to approve or deny a rezone to FR-10 on-site. This rezone should be considered, like all others, on the basis of consistency with the General Plan. The General Plan promotes large parcel sizes outside of urban acres (Open Space Element Page 14.2) and discourages small lots isolated from existing development and urban centers (Open Space Element Page 14.3). Though terms such as large and small are relative, 10 acre lots can be found consistent for these reasons: - Median parcel size in the vicinity is 15.4 .acres t; - Fairly direct access to Highway 162, a major arterial linking +. the foothills with Oroville. 1 The Land Use Element lists 5 conditional criteria which must be met prior to approval of zoning permitting parcels of less than 20 acres: 1 . Compatibility with neighboring agricultural activities. (n/a) 2. Evidence of adequate :nater and sewage disposal capacity. Map conditions 15 and 16 required proof of water and sewage disposal capacity. 3. Availability of adequate fire protection. C.O.F. has withdrawn their objection to the project. Roofing and siding will be flame retardant, see mitigation measure 6 and 7. 4. Adequate road access and circulation. A 20 ft. graded road with 4" Class 2 aggregate base is required by Department of Public Works. The road will be privately owned and maintained. 5. Reasonable accessibility to commercial services and schools. The Baord of Supervisors determined that 10 acre parcels on-site met this policy. From a practica' standpoint, the 9.25+ lots will be created shortly. FR-10 limits further divisions and potentially incompatible land uses conditional under the "U" zone. L ----- ..... N� 0� f "Y K" �V A�i 0" _,I—Y;,��.i 1, 1 % 4f t iA l... P,.F -r _4 "A Z. 'r.. ....... IT, 0 11//1111 10. I.J 4a: Removal of scrub and dead vegetation has been proposed to redLlQr.l :V1 the fuel load. 4b: California's Native Plant Society has prepared a list of rare endangered plants and their habitats. According to this list, the site does not (�-Ffer habitat for rare and endangered plants. 5a,c,d: On the adjacent Tentative Parcel Map, Department of Fish Liiid Game indicated that the property is within critical winter range foi- migratory deer herds. Studies have shown that deer will not come J I.! Human encroachment into the ... T within 1000 feet of an occupied dwelling. range is reduc;ng the habitat and increasing animal stress (as t evidenced by high fawn mortality rates). Fish and Gatuo recommends tic, less than 40 acres be created. new parcels !"i': V!,' I V. California Department of Parks and Recreation has stat.ed that the subdivision will adversely affect a Wild Turkey flocl, in the vicinity. A biological survey shall be prepared containing information on: status of Wild Turkey rare? endangered? v., extent of range preferred habitat elevationt vegetation, water needs, roost requirements value of habitat on site and adjacent _`-"tate lands spatial needs of flock flock? is residential development compatiblc,:i with presence of V'A could the flock be relocated onto State lands with habitat improvement? J. 8: Eight homesites oiill be added to a prominent peninsula designated Agricultural-Residential . In order to create parcel� of less than 20 I_', acres the following conditional criter'L: shall be met: a vailability of adequate fire facilities road capacity and maintenance access to commercial services and schools. Water storage with drafting connections shoult,' ",e installed on site. t A road maintenance agreement should be prepared. 13: Comments will be solicited from CalTrans to deterr,inp W,,-ther turning movements off of and onto Orci-Gulincy -flqhwa, w i 1 1 c a,..-s e traffic hazards. S, Z ,T %li"`--�,�.og'T i-.. -i x C 1�-1 4f�;,4 1;b:7:'4*.i�?,%.. i '•w W. 2 f W Lu SCALP, 1" -300' Lo 2 � t. 1 <) ` r ' ��- �. �SIJ' f � �� 1��.``�•-'��� �f SYC3`cA1t &tc� €SEC, AKEA LAKE 7- 5TATS REP, AREA < A. P. �\,J 1 4 9 - 2-4 t4 N h �b 0 AC,15, t ✓ {��At)hlG�f{ � " tea, c�. OROVILl a,aNrrV°i_` - , �3 \,' ..e.r++ � " V S) - �... J/ P ,gym n � "�, 21 C� BOBf'' 1 ; ::... .. •` _"^__._•-.,...._ � M "--.a »,,,,,,,��.....:.m... -- -"rte w,,.., - - �.' ="`"`" ;'t..�... `w..... ! 1 j OWNER, / B Z...J B� c A�'k.a..l,R o$'+�E . APP IC-0 7 . I4- FORErAAM CRE5K RE>. Lo !3EWeR 1 WD 1 V 1 D IU A L_ 5E PT 1(: AT F- I MD I V I U A i- SAI F-- LL o . zoml °. U f Y I L A. P. Z �Ny, f" t, F" (^ -'1- --• J xt 1 A P. r z. ��( 49 �f 19 —4 9 ' FR k) EXI�;Ff NIG rs'' i�1. z o�l!e ; U GEN. P i ANI T" �r A.P. Mw G1 -%I9 Ito A. R N. rte,! m413 � � p.1, Z 0 IM e- U, E W. P L A Q B 0 B C, A M E RO Ni A P Ri 2 1 i 3 �i �S iR2,n J !11 4L1 "9jr j CIVIL ENGINEERS LAND 2SURVEYORS associlates P-0. BOX 9kO)6 OROVIL,LE, CAL. 9.5965 Ph. (916) 534--9587 i 4 ' environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Conditions: None Attachments: A: Vicinity Map B: Site Plan I, i 1 • 0 Butte County 9 Plannin Commission ❑ Agenda Report ❑ 5