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TPM 04-21_PLANNING (2)
SEPARATOR SHEET AoN nG3 - 04o PROJECT NUMBER rnrn o��-zl Correspondence Log Sheet Applicant: Linda S. Russell Project Number: TPM 04-21 APN: 063-040-057 Date Name/Agency Correspondence/Comments Attachments Action Received .2 2 7 p �vm lt'ri a k 1,�. L Gl�-e G�f1.�r-c D ,J K:\Planning\Projects\Log Sheet.dot 1 1 PROJECT SUMMARY SHEET FILE NO.: TPM 04-21 PROJECT TYPE: Tentative Parcel Map APN: 063-040-057 APPLICANT: Linda S. Russell ADDRESS: 31 Dallas Court, Chico, CA 95926 PHONE: (530) 899-9182 OWNER: Linda Russell ADDRESS: 31 Dallas Court, Chico, CA 95926 REPRESENTATIVE: Sierra West Surveying ADDRESS: 5437 Black Olive Drive,Paradise, CA 95969 PROJECT DESCRIPTION: Tentative Parcel Map to divide a 40-acre parcel into two (2)parcels of 10 acres each and an 18.78-acre parcel LOCATED: on the west side of Doe Mill Road,just south of the south intersection of Doe Mill Road and Schott Road, east of Forest Ranch PROPERTY ZONED: TM-10 (Timber Mountain, 10-acre parcels) GENERAL PLAN DESIGNATION: AR(Agricultural Residential) TOWN/AREA: Forest Ranch 1. Application accepted: 1/28/2004 Amount: $ 1837.5 Receipt#: 394739 2. Assigned To: Dan Breedon 3. Comments sent to: Development Services Director,Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commissioner, CDF,Building Manager,County Counsel 4. Sent to Inter-Departmental Review Committee (IDR): 5. Status Letter sent to applicant: 6. Date scheduled for IDR: (�[� 7. Comments received from. 8. Rezone Petition Signatures Checked: 9. Mailing List/Lead-in Sheet: 10. Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish&Game: Environmental Impact Report Gen. Rule Ex.-CEQA# 15061. (bx3) .Other 11. Staff Report: Project Video: 12. Clearinghouse circulation required: Yes No Date Sent to SCH: 13. Publication Notice Written: 4. Display Ad Prepared: 14. Notices Mailed: - 7-04 Number of Notices: 15. Newspaper Publication Date: / /d D O C P G B 16. Planning Commission Hearing(s): Action taken: Special Conditions: Commission Resolution No.: 17. Board of Supervisors' Hearing(s): i Action taken: Board Resolution No.: Ordinance No: Adopted: 18. Type Tentative Parcel Map/Send for signature: 19. N.O.E. /N.O.D./APPENDIX G: Fish&Game Fees Paid: Yes No 20. Send validated Tentative Parcel Map: 21. Assessor's Memo: 22. Copy of Tentative Parcel Map to Planning Technician: j Linda Russell, Tentative Parcel Map to divide a 38.78-acre parcel into two parcels of 10- acres each and an 18.78-acre remainder on property zoned TM-10 (Timber Mountain_ — 10 acre parcels). The property is located on the west side of Doe Mill Road,just south of the south intersection of Doe Mill Road and Schott Road,east of Forest Ranch. APN 063-040- 057 (DB) (TPM 04-21) Mr.Breedon gave a brief summary of the project stating that the applicant has asked that this hearing be continued off the agenda. The hearing was opened to the public. It was moved by Commissioner Evans, seconded by Commissioner Lambert, and unanimously carried to continue this hearing open off the agenda. I ■BUTTE COUNTY PLANNING COMMISSION MINUTES OCTOBER 28 1 PAGE 2■ 4" Linda Russell, Tentative Parcel Map to divide a 38.78-acre parcel into two parcels of 10- acres each and an 18.78-acre remainder on property zoned TM-10 (Timber Mountain— 10 acre parcels). The property is located on the west side of Doe Mill Road,just south of the south intersection of Doe Mill Road and Schott Road, east of Forest Ranch. APN 063-040- 057 (DB) (TPM 04-21) Mr. Breedon gave a brief summary. He said General Plan policies 3.2, 3.5, 4.1, 4.2, and 6.5 were reviewed. He said staff is recommending denial. The hearing was opened to the public. Linda Russell said she wants to divide her property. She said she talked to Henry Lomelli'of the Department of Fish and Game and he will not change his stand on the Deer Herd regulations for this property. She asked for a statement to be approved by the Commission that states "Deer zoning protection of the critical winter range should apply to parcels that are 40 acres and greater and have greater than or equal to 50% of the parcel within the critical winter range boundary." She felt that she met the General Plan policies and should be approved. She said Forest Ranch is growing. Tom Wrinkle, Sierra West Surveying, suggested a compromise that would allow for a designated no- development area in the deer herd winter range identified as such, and would allow for a house to be built on both of the new parcels. He said there would be 3-4 acres for the development on each parcel and 30 acres of deer range that would be designated no-development. Mr. Baker said they need to know what is meant by no-development. Mr. Wrinkle said it means no dwellings. Mr. Baker explained that in a criterial deer herd area "no-development" means no clearing, no buildings of any kind, etc. Commissioner Lambert asked how they would identify the deer area on the map. Mr. Wrinkle said he would provide new maps with a line showing the deer area. Mr. Breedon informed the Commission that several ideas were discussed with Mr. Lomelli and he felt Mr. Lomelli would be opposed to Mr. Wrinkle's suggestion. There was a discussion on how the line on the map could be enforced. Mr. Wannenmacher said the Commission could consider.a Conservation Easement instead of just a line on the map. Ms. Russell said she is not willing to give up more of her rights. She said she was not willing to compromise. She noted,that she has the right to build a house in the deer herd area now. She pointed to her letter and stated that it has specific language of how to deal with the deer herd area. Chairman Leland said if Ms. Russell was not willing to compromise, he was inclined to deny this request. He explained the edicts and rules the Commission is bound by. ■ BUTTE COUNTY PLANNING COMMISSION■MINUTES ■AUGUST X2004 ■ PAGE 3 ■ Commissioner Lambert asked under the TM-10 zoning and AR General Plan,can Ms.Russell have a pet cemetery or not. Mr. Breedon said the zoning does not support a pet cemetery by right or with a Use Permit. He said the only use by right is a dwelling and a second dwelling. Ms. Russell stated that she can not afford another continuance. Dale Williams, husband, said they knew there was a critical deer herd range when they bought the property. He said he does not have a clear definition of what a no-development area consists of. He stated that this was an arbitrary line drawn by Fish and Game. He did not agree with the restriction that he could not clear the land at all. He said there is not a large migration of deer through this area. Ms. Russell discussed an article she read regarding zero acres in Siskiyou County. Mr. Breedon interpreted zero acres to mean no parcels, no division at all allowed. Ms. Russell disagreed and felt it meant the opposite. She gave Mr. Breedon a copy of the article. Chairman Leland confined comments and discussion to the Commission and staff. Chairman Leland said his inclination was to deny this project because it is inconsistent with the Critical Winter Deer Habitat. Commissioner Lambert said she would vote for a denial. She said with the compromise,they would need another continuance that the applicant already stated she can not afford. 1 Commissioner Marin asked if the applicant has the right, now, to put up a 6 foot fence around her property and Mr. Breedon said "yes." Commissioner Marin said Ms. Russell has a 10 acre zoning and wants three 10+ acre parcels. He felt that a denial was taking away her property rights. There was a discussion on type of fences allowed in the deer area. Mr.Breedon said the fences can only be restricted when doing a discretionary permit such as a parcel map, subdivision map, etc. Commissioner Evans said he chaired the Deer Herd Study Panel in 1984. He said the Panel created a report with a lot of discussion on the minimum of 40 acre parcels. He did not believe the policies have been adopted, but have been applied on a case by case basis. He said he supports this project and is willing to do a Motion of Intent to approve it with staff coming back with full requirements and he would restrict the development of the sites to the easterly 400 feet. He said with that compromise in mind he was ready to make a Motion of Intent and ask staff to bring forward a full report that included that development restriction, and the typical deer herd mitigation language. He thought the compromise was consistent with how this Commission has reviewed other projects. It was moved by Commissioner Evans,seconded by Commissioner Marin,to pass a Motion of Intent to approve this project finding that the Commission is regulating projects in the deer herd area by imposing a development restriction wherein the easterly 400 feet of the parcels are where the ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■AUGUST 12, 2004 ■ PAGE 4 ■ development activities can occur, acknowledging that forest management practices are not considered development. Mr. Breedon added that staff has not completed the Initial Study for this project and would advise against approving this project even with a motion of intent. Chairman Leland wanted the Commission and staff to give some thought as to how the no- development area would be enforced. He said at a minimum this needs to be a deed restriction or a no-development easement if possible. Ms. Christopher noted that the applicant stated she was unwilling to compromise. She agreed with Mr. Baker that no-development means no disruption of any kind. She said they need to make sure that this is what the Commission wants to do because this is the only way to get to an approval,even against the owners wishes, or that she will concur with the motion. She said the initial study is a lot of work for staff and further expense to the applicant. Commissioner Evans was willing to approve the map, but is unwilling to give her free rein on the westerly portion of the parcels, and have staff do the work on the Initial Study and Report. The hearing was re-opened to the public. Linda Russell said she appreciated Commissioner Marin's comments and your motion and she is in full agreement with it. She did not want the hearing continued because of the cost,she wanted to be approved today. Mr.M Wannenmacher said the Commission can not approve a project without doing the CEQA review and an Initial Study. He told her that the appeal fee to the Board of Supervisors is $50.00. Mr. Breedon said he would need a revised map in order to do the Initial Study. Ms. Christopher explained the cost and probable cost. Mr. Breedon said he would contact Fish and Game again for comments. Doug Smith,neighbor,said he talked to Lomelli who said this issue was addressed in its entirety. He agreed with staff's recommendation to deny. He said he was going to buy this property and was told he could not split the property. Commissioner Marin asked Mrs.Russell if she understood that no-development means you will have to leave this as raw land west of the 400 feet. Ms. Russell said "yes." Comments were confined to the Commission and staff. Commissioner Evans withdrew the motion. , ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■AUGUST 12, 2004 ■ PAGE 5 ■ It was moved by Commissioner Evans,seconded by Commissioner Marin,and unanimously carried to continue this hearing open for 60 days to allow for completion of an Initial Study and a revised . map, to October 28, 2004. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ AUGUST 12, 2004 ■ PAGE 6 0 4 Linda Russell,Tentative Parcel Map to divide a 38.78-acre parcel into two parcels of 10-acres each and an 18.78-acre remainder on property zoned TM-10 (Timber Mountain— 10 acre parcels). The property is located on the west side of Doe Mill Road,just south of the south intersection of Doe Mill Road and Schott Road,east of Forest Ranch. APN 063-040-057 (DB) (TPM 04-21) Mr. Breedon gave a brief summary.of the project. , Commissioners Lambert and Nelson both said they received a phone call from the applicant. Chairman Leland asked how available the deer herd maps were. Mr. Breedon said all they have to do is come into the office and they will be shown the maps. i Commissioner Evans asked when the 10-acre zone was adopted. Mr. Breedon did not know. Commissioner Evans asked if the flex lot provision was discussed with the applicant. Mr. Breedon said "no." The hearing was opened to the public. Doug Smith, Doe Mill Ridge, said he considered buying,the applicant's property and was told the land could not be split so he bought another property. He said the applicant's land is beautiful and he is against this project. Jeff Eiben said water is hard to obtain in the area. He was concerned if this property was allowed to be divided that there would be a pet cemetery put in. He was also concerned with damage to the aquifer, Mr. Smith said the area has been cleared for the pet cemetery already. He said his well is 300 feet from the cemetery spot. Chairman Leland asked if a pet cemetery would need a Use Permit and noted that the Commission does not have a Use Permit in front of them today. He noted that the property is not zoned for a pet cemetery and would probably need to be rezoned. Linda Smith said she was concerned with her well. She said her well sits below the easement to her driveway. She said the well also feeds two other neighbors that she supplies water to. She said not only is the drainage from the pet cemetery going to filter down into that well,but will also require a lot of water applied to the soil in order to dig. Linda Russell handed the Commission additional information. She indicated that a portion of her land had been taken by the County. She addressed the deer issue. She discussed the history of the property. She went over the handout to the Commission. She said that Fish and Game informed her that the deer herd line was arbitrary. She referenced the letter from Fish and Game dated 3/25/04. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JUNE 24, 2004 ■ PAGE 5 ■ '3 She felt this parcel was not deer herd habitat. She said•that staff used 6.5 Biological Habitat as the basis for denial,but she can use it as a reason to approve. She said the TM-10 zone is a conditionally consistent zone. She said that her land has been timbered three times and there is no water or grass to support deer. Chairman Leland said she is asking the Commission to approve this request in spite of the Department of Fish and Game saying that this is deer habitat area. Ms. Russell said this is not deer habitat area. She thought the Commission could evaluate and do a. day to day interpretation on the deer herd issue. She said that regarding a pet cemetery, the Smith's remarks are ill founded on the effects on the water table. The cemetery would enhance and preserve the environment. Commissioner Lambert said today they are discussing a Tentative Parcel Map,but asked Ms.Russell to explain about the pet cemetery. Ms. Russell explained that it was the same as a human cemetery, plots for pets in perpetuity. She said there are special requirements for a pet cemetery. Chairman Leland said the Commission is not addressing a pet cemetery today. He said the issue is the deer habitat. He said in a case like this he would defer to Fish and Game. He said he was not willing to go against the Department of Fish and Game. Ms.Russell said the land has been timbered three times. She reiterated that there is no grass or water for deer habitat. Mr. W annenmacher said he would have to look into the claim that property was taken by the County. Ms. Russell stressed that this is not critical winter deer herd range and that the Fish and Game line was drawn arbitrarily. Mr. Breedon explained that the Flex Lot that Commissioner Evans spoke of earlier would take a different type of application,including pre-application review. He said the applicant is not looking at that option at this time. Commissioner Evans asked the applicant if she would consider the flex lot process. Ms. Russell said "no"because it would say that she gives credence to the Department of Fish and Game's arbitrary line. She was concerned that the Commission is basing their decision on the word of Fish and Game. She said she is prepared to appeal this hearing if the request is denied. Commissioner Lambert stated that there was a committee and a deer herd study done that helped establish this line and she could not approve this map. Ms.Lambert said that the deer herd line was a negotiated decision and not arbitrary. Ms. Russell believed that she gave the Commission enough information for them to approve this request. ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■JUNE 24,2004 ■ PAGE 6 ■ Mr. Breedon said he talked to Fish and Game and they are not changing their decision. Commissioner Lambert said 'she did not want to promote 10-acre growth in this area. Commissioner Marin said Ms. Russell had a compelling case for an appeal to the Board. of Supervisors. Doug Smith said he lives there and the place is full of deer, bears, mountain lions, etc. in the area. He said deer go through this area every year. Ms. Russell commented ori having problems with her neighbors. The hearing was closed. Chairman Leland said he will defer to the decision by Fish and Game. He questioned if the Commission should ask Fish and Game to review the line for the deer herd habitat. Mr. Breedon said he could do that. Ms. Christopher said staff has had an ongoing discussion with Fish and Game. She did not feel that a letter to Fish and Game would give them any new decision. Commissioner Marin said in his opinion, they would want to get Fish and Game to change their minds. He noted that deer do not respect boundary lines. He said this Tentative Parcel Map would not affect the deer going through the property. Chairman Leland said it was a question of having a deer herd plan or making decisions on a parcel by parcel basis. Mr. Wannenmacher said they have to make the best effort to determine whether Ms. Russell's arguments are valid or not at this level. He said the Commission needs the deer herd map in front of them. Chairman Leland said staff should explore General Plan Policies 3.2,3.5,4.1,4.2,and 6.5,as stated by the applicant. He said staff should find out whether or not there was land taken from this parcel by the County. He did not think that this was an area where the County wanted to encourage housing. It was moved by Commissioner Nelson,seconded by Commissioner Marin;and unanimously carried to continue this hearing open to August 26, 2004. - BUTTE COUNTY PLANNING COMMISSION MINUTES JUNE 24,2004 ■ PAGE 7 ■ DEPARTMAT OF DEVELOPME tSERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on other side: APPLICANT'S NAME If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: L,nG�Q, tiSSe 0103 -04L ADDRESS: CITY,STATE&ZIP CODE: FILE NUMBER': (FOR OFFICE USE) I �t—1 Ua CA Q S 'T+4(X\ OL1--2 NAME OF PROPOSED PROJECT(If any) - +� _ TELEPHONE I LOCATION OF PROJECT(Major cross streets and Address,'if any Pill - x : +F fI GENERAL INFORMATION REQUIRED - t -,- OWNER'S NAME - TELEPHONE b ADDRESS: CITY,STATE&ZIP CODE: s, ZONE 1 d GENERAL PLAN EXISTING LAND USE SITE SIZE(in Square Feet or Acres) TMP, 4 0.L) CA.C.rC : EXISTING STRUCTURES(in Square Feet) PROPOSED STRUCTURES(in Square Feet) (1 C)n e, I (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO-BE ON PUBLIC WATER 1A PROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY IS OR PROPOSED TO BE ON WELL WATER 4 y a APPLICATION REQUESTED ° Mr « ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP n ❑ REZONE TA TENTATIVE PARCEL MAP ❑ USE PERMIT - ❑ WAIVER OF PARCEL MAP }} s ❑ MINOR USE PERMIT ❑ BOUNDARY LINE MODIFICATION ;. ❑ VARIANCE a ❑ LEGAL LOT DETERMINATION ( ❑ MINOR VARIANCE ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN # ❑ DEVELOPMENT AGREEMENT ❑ OTHER 9 :.: tU � PROJECT DESCRIPTION :; :� � ;F� ? `, rt 1511 <'_ ...... . M„k.� ,. 1 V FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a`land division;describe the number and ti. size of parcels.) o. AL MM CY gyp([}F . .. . OWNER CERTIFICATION ..... ... ..... ... o. .. v...-.. eE I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE AB VE D SCRIBED PROPERTY. i FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFO TIO i. ACCURATE. (If an agent is to be authorized,execute an affidavit of authorization and include the affidavit with this application.) BUTTE COUNTY ' PLANNING DIVISIO DATE: I l SIGNATURE: i s AGENT AUTHORIZATION To Butte County}Depagpent of Development Services; Print Name of Agent and Phone Number 543`1 R)I&_C�_ r)I;,re Es, . PYLA- Mailing Address 1 (� _ is hereby authorized to process this application for 1 "—nA . r Q, C,j on my property, identified as Butte County Assessor Parcel Number [)b 3' r)q C) -yS 2 . 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) L• ��. +��se..11 Print Name Print Name Signature ; Signature Architect and/or Engineer: evfc` VJeSt v �� - Load Print Name of Architect/Engineer and Phone Number 3-1 /,— L 1 u e cr • a�•c� q `� 1p�f Mailing Address FOR OFFICE USE ONLY Verify: 1 X3''1 SO Date Received: 2 Total Amount Received: 1 ✓ AP Number(s) ✓ Lent Description L/' Owners Authorization Zoning Requirements L/,-- Project Description Copies of plot plan Taken by sr Receipt No 3?Kr13c( E.11.3ta2. LD Ito. o Plan occ�.oo FD Payment of the currently required Application Fee and/or Deposit(Any unused portion of a deposit) will be returned upon final action. Current fee for this application is $ as of Make check payable to "Butte County Treasurer". H DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on other side: APPLICANT'S NAME If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER:: U n , l.L._Sse-1 01.0 l -040 — P Sr1 ADDRESS: CITY,STATE&ZIP CODE: FILE NUMBER: (FOR OFFICE USE) NAME OF PROPOSED PROJECT(If any) TELEPHONE (5 30) ES94 LOCATION OF PROJECT(Major cross streets and Address, if any) �60e- 1 P-a GENERAL INFORMATION REQUIRED OWNER'S NAME TELEPHONE ante CuS Z�u ( ) ADDRESS: CITY,STATE&ZIP CODE: ZONE'6 GENERAL PLAN EXISTING LAND USE SITE SIZE(in Square Feet or Acres) Tm-T R. 40.0 CLZye EXISTING STRUCTURES(in Square Feet) PROPOSED STRUCTURES(in Square Feet) (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER 1A PROPERTY IS OR PROPOSED TO BE ON SEPTIC 1A PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP ❑ REZONE 1A TENTATIVE PARCEL MAP ❑ USE PERMIT ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT ❑ BOUNDARY LINE MODIFICATION ❑ VARIANCE ❑ LEGAL LOT DETERMINATION ❑ MINOR VARIANCE ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ OTHER I s: PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division;describe the number and size of parcels.) HOZ) ac , r I-t"t w. 5 - } Cr -- p+ - Ile- n OWNER CERTIFICATION �,} JAN 2 8 u 1 � I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE AB VE D SCRIBED PROPERTY. FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFO TIO ACCURATE. (If an agent is to be authorized,execute an affidavit of authorization and include the affidavit with this application.) BUTTE COUriTY PLANNING DIUISIO DATE: L l p 1 SIGNATURE: AGENT AUTHORIZATION To Butte County, Department of Development Services; Print Name of Agent and Phone Number 5437 Pik&- 1 J e "Err Mailing Address 11 n is hereby authorized to process this application for 1 ,r'A . r A"ca on my property, identified as Butte County Assessor Parcel Number 1)13- C)q Q -1)S 2 . 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) Print Name Print Name Signature Signature Architect and/or Engineer: tv,�r� W e- v a� Print Name of Architect/Engineer and Phone Number Mailing Address FOR OFFICE USE ONLY Verify: Date Received: 1 zs& Total Amount Received: ✓ AP Number(s) ✓ Legal Description Owners Authorization ✓ Zoning Requirements Project Description Copies of plot plan Taken by SJ Receipt No.3'?'irl ( E.1-1.3(a2-9> LD 3t0.00 Plan oco-oo FD -co�Zq Payment of the currently required Application Fee and/or Deposit(Any unused portion of a deposit) will be returned upon final action. Current fee for this application is $ as of Make check payable to "Butte County Treasurer". • COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed by Project Applicant) Date Filed: GENERAL INFORMATION: 1. N me and address of owner, and/or developer, and/or project sponsor: L► LSSc < 9 5 9 Z to, 2. Address of project: p e, f\^ Assessors Parcel Number: p to3 - O 4 C - O 5 r1 3. Name, address, and telephone number of person to be contacted concerning this project: �`o�... % ..IL1 e. Sa'17 - Iv&5 3 _ o�i ex r a Ly e s-� S q.cam a9 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: 5. Existing general plan designation: A Q 6. Existing zoning district: T M - _- kO 7. How is land currently used? e0 8. Proposed use of site (Project for which this form is filed): i PROJECT DESCRIPTION: 9. Site size: L1 b i— A Cy e.5 (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: Compact: Total: 11. Plans attached? Yes No 12. Proposed development schedule: i 13. Associated projects: ���✓� 14. Anticipated incremental or phased development: AJy�"® ATTACH DESCRIPTION OF PROJECT CONTAINING THE FOLLOWING INFO EU 15. If residential, include the number of units, schedule of unit sizes, range of sa 5, O household size expected. S�/l/6Gr- �j¢y1•//L / JAN 2 8 2004 16. If commercial, indicate the type, whether neighborhood, city or regionally rien ed, square footage of sales area and loading facilities. BUTTE COUNTY PLANNING DIVISION 0 Butte County Department of Development Services 0 Planning Division 0 f e • I � � �5 � , � �.v `nr�H 1 ti r. �� �.���y 1 +` � ,� � r + Z'� � " 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit ARE THE FOLLOWING ITEMS APPLICABLE TO THE PROJECT OR ITS EFFECTS? .Discuss below all items checked yes (attached additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing.noise or vibration levels. u In the vicinity. 27. Site on filled land or on slopes of 10 percent or more. X 28. Use of, or disposal or potentially hazardous materials, Such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. 0 Butte County Department of Development Services 0 Planning Division 0 'ENVIRONMENTAL SETTING: (Alach 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�Re. ,S�ps4ots or Polaroid photos will be accepted. (ADO SD/L/ ,S'cf�7L�0 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, setback, rear yard, etc. . Attach hoto ra hs of the vic' it Spa is or r h ill b d. ,oro��-Tyre✓ ��co op��7Zj/ c ?7 ,�i�f 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 Signatu � 28 0 0 Butte County Department of Development Services 0 Planning Division 0 '`'I� TENTATIVE PARCEL MAP SUBDIVISION MAP WAIVER APPLICATION APPLICATION PACKET CHECKLIST This checklist is designed to assist applicants in making sure all necessary information is included in their application packet. Please include this checklist along with your submittal. Applicant L.D. 1. 0 A completed, signed, Uniform Application and Environmental Information Form. If the application is signed by an agent for the owner, the agent authorization form, on the back side, must be completed. The application shall not be accepted unless signed by the owner or authorized agent. 2. Payment of the currently required Application Fees and/or Deposits (Any unused portion of the deposit will be returned to the applicant upon final action). (Planner advises applicant) 3. Preliminary Title Report showing current ownership and dated within 6 months of application submittal shall be filed with the application. 4. L"I Twenty-two (22) copies of the map, including a detailed site plan drawn to scale, shall be submitted. Additional copies of the map shall be made available by the applicant or engineer/surveyor to County Departments upon request. All maps shall be drawn on uniform size sheets no less than 18" x 26". The finished map shall be folded to 8.1/2" x 11". The detailed map must include: a. 200' Ezr Name, business address of person who prepared the map. b. N3000' Proposed property lines and lot dimensions. C. LJ Assessor Parcel Number(s). The street address (if available). Tract name and date, if applicable. E E d LTJ L]0 Vicinity Map indicating the location o -nearest major roads, significant topograpli c atures, surrounding or region. JAN 2 8 2004 BUTTE COUNTY PLANNING DIVISION IF INSUFFICIENT INFORMATION IS SUBMITTED,THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 R •.1 .� .. .. .��a t _ • i +'i _` } • e. ❑ Dimensioned locations of existing and proposed, public and private, improvements on the property (including, but not limited to, buildings, driveways, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, and street lights.) f. ❑ Wells which are to be abandoned shall be shown and identified as "well to be abandoned". The wells shall be property abandoned under permit issued by the Butte County Division of Environmental Health. g. ❑ Buildings which are to be removed will be identified as "buildings to be removed". The buildings shall be properly removed or demolished under permit issued by the Butte County Building Division. h. ❑ ❑" The existing and proposed location, name, width, approximate grades and radii of curves of all roads, streets, highways for the subdivision and within 100 feet of the exterior boundaries thereof. All streets shall be labeled as to whether it is public or private. L ❑ 2 Topographic contours and water features, at a minimum, to be as shown on the current USGS 7.5 minute quad map. For subdivision that have a density of 4 dwellings/ac or greater in the Urban Area of 1 acre lots or smaller in the Rural Area and which also have an average slope of 20% or greater, a conceptual or preliminary grading plan shall be submitted showing the approximate finished pad elevations for each lot and all cut and fill slopes proposed which are 5 feet or greater in height. This requirement may be waived by the Director of Development Services if it is found not to be needed. Waived ❑ YES ❑ NO Approximate location of all FEMA identified 100-year floodplain areas, if any, and the location, width and direction of flow of all ephemeral water courses, if any. I. ❑ 0 Sufficient information on the map to determine adequacy of the proposed drainage and flood control measures, including but not limited to, proposed easements, and facilities. M. ❑ The approximate widths, location and purpose of all known existing or proposed easements. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. oe, n. M North arrow and scale of drawing. All maps shall be drawn to an engineering scale of a size sufficient to reasonable show all required features. A north arrow preferable oriented to the top of sheet. If not connecting to public sewer and water, the following applies: 5. The proposed source of domestic water and proposed method of sewage disposal. If the project is not served by community sewer and/or community water, include soils/percolation/ground water data sufficient to allow the Division of Envronmental Health to complete their review of the project. Your application will be incomplete unless this information is provided or waived, in writing, by the Division of Environmental Health. Environmental Health Waived ODYES OONO 6. ❑ ❑ A written request for any exceptions to the subdivision standards pursuant to Section 20-4 of the Butte County Code, if applicable. Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information, as deemed necessary by the Department of Public Works. I certify that all required information and materials have been submitted with this application: Signature:— i�V�4 ��/ Date: � Applicant/Representative Signature: R�— Date: 2 AD Planner Receiving.Application IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. !,� n �1/ � m �� �, ,� � d Smooth Feed SheetsTM Use template for 51600 063040057000 063040022000 K:\Planning\PROJECTS\TPM\RUSSELL.0 RUSSELL LINDA TRUSTEE WOOD DAVID M&JEAN G HUBBELL 4-21\LabelsTPM04-2Ldoc 31 DALLAS CT P 0 BOX 365 CHICO CA 95926-2082 FOREST RANCH CA 95942 063040035000 063040037000 063040038000 GANZLER HENRY&BARNETT DONN LEE GWYNETH LEE&PETER BOHN LIZ ETAL PO BOX 358 PO BOX 401 PO BOX 763 FOREST RANCH CA 95942-0358 FOREST RANCH CA 95942-0401 FOREST RANCH CA 95942-0763 063040042000 063040043000 063040095000 SMITH JAMES D JR MCLELLAN FRANCES E TRUSTEE DUTRO JAMES L P 0 BOX 411 284 RIO LINDO RD P 0 BOX 6592 FOREST RANCH CA 95942 CHICO CA 95926 CHICO CA 95927 063040104000 063040106000 063040107000 FERGUSON FRANK H TRUSTEE FERGUSON DAVID&MYRNA EIBEN TRACY&JEFFREY BOX 67 P 0 BOX 145 PO BOX 326 FOREST RANCH CA 95942 FOREST RANCH CA 95942 FOREST RANCH CA 95942-0326 063040108000 063040123000 063070001000 FERGUSON DANNY HARTLEY EDWARD A TRUSTEE MARTONE GARY BOX 451 P 0 BOX 97 P 0 BOX 3132 FOREST RANCH CA 95942 FOREST RANCH CA 95942 CHICO CA 95927 063070002000 063070003000 063070005000 MARTONE GARY TEETER JEFFREY K&MARCI D CALD MUSCARELLA BETTY J TRUSTEE P O BOX 361 P 0 BOX 665 13220 DOE MILL RD FOREST RANCH CA 95942 FOREST RANCH CA 95942 FOREST RANCH CA 95942 MAVERY0 Address Labels Laser 51600 0/38 � DH I to -T ` 1E-6N7- 08 II � 2� y f4-4z,—m.0 IS cr 1 4 __ r .• 1 r ' 1111 I f 1 - , c OT Butte County Department of Development Services a 11, 0 TIM SNELLINGS, DIRECTOR ( PETE CALARCO, ASSISTANT DIRECTOR o o o o 7 County Center Drive 0 o Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buftecounty.net/dds www.butte-generalplan.net ADMINISTRATION* BUILDING* PLANNING December 11, 2008 Linda S. Russell 31 Dallas Court Chico, CA95926 Re: TENTATIVE PARCEL MAP: TPM 04-21 APN: 063-040-057 Dear Linda S. Russell: At the regular meeting of the Butte County Planning Commission held a meeting on December 11, 2008, your request for a Tentative Parcel Map, was denied without prejudice. Should you desire to appeal this decision you must do so, in writing, with the appeal fee of$50.00 to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to the expiration of the 10-day appeal period which is at 5:00 p.m., Monday December 22, 2008. Should you have any questions regarding this matter, please contact Carl Durling at 530-538-7601 between 7:30 a.m. and 4:30 p.m., Monday through Friday. Sincerely, Tina Bonham Commission Clerk cc. Sierra West Engineering Butte County Department of Development Services �OTTF TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR �\ 0 0 7 County Center Drive Oroville,CA 95965 (530)538-7601 Telephone C y (530)538-7785 Facsimile �UN� ADMINISTRATION" BUILDING"PLANNING December 5, 2008 Linda S. Russell 31 Dallas Court Chico, CA 95926 Re: TPM 04-21�.,APN: 063-040-057 Dear Linda S. Russell "s Enclosed is a copy of the Agenda Report concerningyour application for a Tentative Parcel Map to dividea 40-acre parcel into two(2)parcels of 10 acres each and an 18.78-acre parcel on`a parcel split byDeerHerd classificationsof DevelopmentPermitted and 40ac Minimum,on west sideofDoe Mill Road about 700 feet south of Schott Road on property zoned TM-10TM-10(Timber Mountain,ten- acre parcels) 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 hasbeen set for December 11,2008, 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,pleasecontact Carl Durling of this office at 530- 538-7601, between 7:.30 a.m and 4:30 p m , Monday through Friday. Sincerely, Tina Bonham ; Commission Clerk CC. Sierra West Surveying 400 Butte County Department of Development Services o�QTTFo. TIM SNELLINGS,DIRECTOR 1 PETE CALARCO,ASSISTANT DIRECTOR 0 0 7 County Center Drive o . o . Oroville,CA 95965 c - =_ - c (530)538-7601 Telephone �+ y (530)538-7785 Facsimile tilt. www.buttecounty.bet ADMINISTRATION*BUILDING*PLANNING June 21, 2006 r Linda S. Russell 31 Dallas Court Chico, CA, 95926 Re: Tentative Parcel Map, TPM 04-21, 063-040-057 Dear Ms. Russell: In an effort to keep our customers informed,we are notifying you that your project has been reassigned to Carl Durling and he can be reached at 538-7150,between 8:00 a.m. and 4:00 p.m., Monday through Friday. Should you have any questions regarding your application,please call the planner listed above. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Cc: Sierra West Surveying5437 Black Olive Drive,Paradise, CA 95969 September 01, 2004 F BUTTE COUNTY SEP & 4 Butte County Planning Commission DEVELOPIMNY C/o Butte County Department of Development Services SERVICES Planning Division 7 County Center Drive Oroville, CA 95965 Re: TPM 04-21,AP: 063-040-057 Dear Commissioners: I am requesting that the application regarding the Tentative Parcel Map to divide my land on Doe Mill Road in Forest Ranch be suspended at this time. Please remove this issue from your.October 28, 2004 agenda. Respectfully;' - - �Lnn�' ar�s Dan Breedon � s AGENDA SISKIYOU COU -PI=ANN1 VWG C--O— MISSION FEBRUARY 5,2003 \\ GENERAL PLAN AMENDMENT ' 3. NEGATIVE DECLARATIONIGENERAL PLAN AMENDMENT COUNTY INITIATED DEER WINTERING RANGE REVISION(GPA-02-05) The County, in cooperation with the California Department of Fish'and Game, has initiated a General Plan Amendment (GPA)to modify the Critical Deer Wintering Area designation for a portion of the Upper Sacramento Deer Winter Range. The GPA would replace the current 10-acre density designation with a zero-acre density designation for an approximately 260-acre portion of the Upper. Sacramento Deer Winter Range on the east side of Lake Siskiyou. The current Deer Winter Range Boundary line is not proposed to be adjusted or removed. The amendment is being proposed consistent with the California Department of Fish and Game's (DFG's) field determination. According to DFG staff wildlife biologists, the area no longer winters any substantial number of deer. The value for that function has been lost due to past and existing development in the area. The Shasta Holiday Subdivision, the Mt. Shasta Resort golf course and vacation chalets, and the sewage treatment ponds are included in the area recommended for zero density limitations. The project is located on the east side of Lake Siskiyou, where Cold Creek enters the lake, down to the Box Canyon Dam, approximately one mile southwest of the Mt.Shasta City limits. T40N,R4W,Sections 21, 28,and 29 MDBM. MISCELLANEOUS Resolution expressing appreciation to Alvin Lewis OPEN LINE Except for Zone Change Applications,projects heard at this Planning Commission meeting may be subject to appeal within ten calendar days. Please contact the County Clerk for information. Appeals must be submitted to the County Clark's office together with the appeal fee of$750. If you challenge the enviromnemal review or the project proposal in court,you may be limited to raising only those issues raised at the public hearing or in written correspondence delivered to the Planning Department at,or prior to,the tic hearin . ° RAM ,ori J MAM ecYLYLIM ffarAMUME 'dlfV,11 1S1L14 1 NBC mmINT -� - r uv mm �_�k%, mom Fm �. lmry _NAM ME Wm, �. Q . . � ME PAP � gWd,/ • '' I AN i% imugam sum,MFF,§Mvumm NON RTA ISO .� . Pq o mmse fLF7A a i Vis! �"gram NWAUMMI n � galemmm ammmmumm �� um MIMI All �! off I -a magm Maw) d �Lm"..i NEW AN ,{ MWANW � A kill Vol MIR /r = O=m [niqm ��. ml IBMI NOUN nin Vft� �v_■ �mmlNtt� innniRun ,...._ . � not, m ' M "�1 v - BUTTE COUNTY September 01, 2004 SEP 0 3 2064 DEVELOPII�ENT Butte County Planning Commission URVICE� C/o Butte County Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965 Re: TPM 04-21,AP: 063-040-057 Dear Commissioners: I am requesting that the application regarding the Tentative Parcel Map to divide my land on Doe Mill Road in Forest Ranch be suspended at this time. Please remove this issue from your October 28, 2004 agenda. Respectfully, Linda Russell Cc: Lynn Richardson, Dan Breedon l t � S (. �J it'�..'r�:, 'i:r,. BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT—August 26, 2004 Applicant: Linda Russell APN: 063-040-057 File#: TPM 04-21 Request: This is an application for a Location: On the west side of Doe Tentative Parcel Map .to Mill Road,just south of divide a 38.78-acre parcel the south intersection of into two parcels of 10- Doe Mill Road and acres each and an 18.78- Schott Road east of acre remainder. Forest Ranch Project Dan Breedon Planner: Principal Planner Parcel Size: 38.78 acres Supervisor 3 District: Attachments: General Plan A: Deer Range Map—Russell Designation: Agricultural Residential Property B: General Plan Policies Zoning: TM-10 (Timber Mountain, 10- acre parcels) EXECUTIVE SUMMARY: On June 24, 2004 the Planning Commission continued this,project pending staff review of the General Plan and Deer Herd Maps as discussed at this hearing. This project is considered inconsistent with the 40-acre minimum parcel size required by the Critical Deer Range maps provided by the Department of Fish and Game. Therefore, staff recommends that the Planning Commission deny this project. ❑Butte County Planning Commission ❑ Agenda Report ❑ ❑ Russell TPM 04-21 ❑ August 26, 2004 ❑ 'Page 1 PROJECT DESCRIPTION: 1. This is an application for a Tentative Parcel Map to divide a 38.78-acre parcel into two parcels of 10-acres each and an 18.78-acre remainder. 2. Sewage disposal for the future dwelling sites would be handled by on-site septic systems and domestic water would be obtained from individual wells. 3. Proposed parcels would access Schott Road. SITE CHARACTERISTICS: 1. The elevation is approximately 2,400 feet above sea level on Doe Mill Ridge. 2. The project site has a gentle slope to the southwest. 3. Surrounding parcels range in size from 1.7 to 123 acres,with larger parcels predominant. 4. The site is vegetated with scattered oaks, pines and fir trees with associated under-story shrubbery. 5. There are no visible drainage courses or wetlands on the property. ANALYSIS: 1. The Planning Commission asked for a staff review of General Plan Policies 3.2 — Residential Densities, 3.5 —Flexible lot Size Provisions, 4.1 —Economic Growth, 4.2 — Property Rights, and 6.5 — Biological Habitat. These polices are shown in their entirety under Attachment A. 2. Staff comment is provided below in italics following each policy referenced above: a. Policy 3.2—Residential Densities This policy calls for the correlation of residential density to soil, slope, water availability, sewer service, compatibility of adjacent uses, and traffic carrying capacities of existing and proposed.circulation routes. Comments received from the Environmental Health Division and Department of Public Works indicate that the proposal meets these requirements and is therefore consistent with Policy 3.2. This policy does not preempt the necessity to comply with other Policies of the general plan. The proposed Tentative Parcel Map is inconsistent with Butte County General Plan Policy 6.5. which requires the County to regulate development in identified winter deer ranges to facilitate survival of local deer herds. b. Policy 3.5 —Flexible Lot Size Provisions This policy includes provisions for the use of flexible lot size developments in the County using variable size lot sizes provided the overall density of the applicable zoning district is not exceeded. The Butte County Code provides for Flexible Lot Size Subdivision under Section24-82. This section requires a specific application for a flexible lot size subdivision. The subject project was not submitted as a flexible lot size subdivision. A flexible lot size subdivision would not be supported ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑ Russell TPM 04-21 ❑ August 26, 2004 ❑ Page 2 • by staff for this project, due to the 40-acre minimum parcel size deer wintering range restriction. c. Policy 4.1 —Economic Growth This policy supports the use of sites and facilities to accommodate a variety of economic activities. This policy is implemented through the County's Zoning Ordinance, which in turn provides areas under various zoning districts where a variety of economic activities may take place. This policy does not allow for a variety of economic activities at any given location. Land use activities are restricted under the applicable zoning district. This policy does not preempt the necessity to comply with other Policies of the general plan. The proposed Tentative Parcel Map is inconsistent with Butte County General Plan Policy 6.5, which requires the County to regulate development in identified winter deer ranges to facilitate survival of local deer herds. d. Policy 4.2—Property Rights This policy calls for the county to allow, wherever possible, a profitable economic use for each parcel and to maintain surrounding property values. Tlie denial of the proposed parcel map does not remove the profitable or economic use of the property nor does it infringe on property rights. The property is permitted to be developed with a single family dwelling and to be used for other uses as permitted, and conditionally permitted, under the applicable TM:10 zoning. The zoning does not provide a right to divide the land. The subdivision of land is subject to the discretion of the Planning Commission and Butte County. e. Policy 6.5 —Biological Habitat This policy includes statements regarding the value of natural habitat, including deer range, streams and lakes within the County and the need for protection of these natural resources. The use of the Department of Fish & Game's deer herd maps are utilized by staff to ensure the fulfillment of this policy with regard to the Protection of local deer herds and their ranges. 3. The Planning Commission requested a map showing the deer wintering range for the subject area. This map is provided as Attachment B. 4. Staff also requested that a representative from the Department of Fish and Game be present at this hearing should the Planning Commission have any questions regarding the deer range. 5. It is Department policy to defer matters of interpretation or requests for alteration of the deer range to the Department of Fish and Game due to their recognized experience and technical knowledge in this area. 6. Staff spoke with Fish and Game biologist Henry Lomelli concerning this project. 7. Mr. Lomelli reviewed this project again and reconfirmed that the Department of Fish and Game finds the proposal inconsistent the 40-acre minimum parcel size required by the Critical Deer Range maps. 8. Staff recommends that the Planning Commission deny this map based upon the inconsistency with the Critical Deer Range Maps. ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑Russell TPM 04-21 ❑ August 26, 2004 ❑ Page 3 9. Staff would like to correct.information in the record presented by the Department of Fish and Game and the applicant. The line separating the two deer range areas separates 40 acre deer range from deer range where development is permitted. Both the Department of Fish and Game and the applicant make reference to the line separating 40 acre deer range from 20 acre deer range,which is not correct. 10. The Planning Commission also requested that staff determine whether land was taken from this property by the County. 11. According to the Department of Public Works, the County acquired a 60' of right of way on Jan. 11, 1973 for public road purposes. This acquisition totaled approximately 9/10 of an acre of property along the front property line. CEQA ISSUES: Public Resources Code Section 21080 b. (5) states that CEQA is not applicable to projects that are going to be denied. CEQA findings are, therefore, not required. ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑Russell TPM 04-21 ❑ August 26, 2004 ❑ Page 4 ACTION FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Find that the denial of this project is not subject to CEQA pursuant to Public Resources Code 21080 b. (5) and under Sections 15270(a) and (b) of Title 14, California Code of Regulations, Chapter 3 (Guidelines for Implementation of the California Environmental Quality Act), and that no Fish and Game fee is required. H. Deny the Tentative Parcel Map for Linda Russell (File TPM 04-21), subject to following finding: A. The proposed Tentative Parcel Map is inconsistent with Butte County General Plan Policy 6.5. that requires the County to regulate development in identified winter deer ranges to facilitate survival of local deer herds. This is supported by the California Department of Fish and Game in their letter concerning this project dated March 25, 2004. K:\Planning\PROJECTS\TPN \RUSSELL.04-21\Planning Commision Report 8:26.04.doc ❑ Butte County Planning Commission❑ Agenda Report ❑ ❑ Russell TPM 04-21 ❑ August 26, 2004 ❑ Page 5 3.2. Densities The distribution of county population and the needs for public services and facilities is largely determined by the densities of residences in different areas of the County. Density is also important in its effect on the quietness, "elbow room" and overall quality of housing situations. the intensity of residential development is related to a number of factors, including the natural capabilities of property, the availability of public facilities, the value of property and proposed dwelling units, and the developing trend and characteristics of the surrounding area. Policies 3.2.a. Correlate residential densities to soil, slope and other natural,site characteristics. 3.2.b. Correlate residential densities to availability of water and sewage disposal and proximity to other public facilities. 3.2.c. Relate residential densities to intensity and compatibility of adjacent uses. 3.2.d. Balance residential densities with traffic-carrying capacities of existing and proposed circulation plans. 3.5 Flexible Lot Size Provisions The county contains significant agricultural, scenic and environmental resources and hazards that warrant preservation or avoidance, while allowing for development of nearby lands. Flexibility in the application of development standards, will allow for appropriate residential development to occur while preserving these resources to the maximum extent possible. This flexibility in development design is not intended to provide for attainment of higher residential densities than would otherwise be permitted by the General Plan or applicable Zoning district. Policies 3.5.a. Allow residential development to occur based upon either minimum lot size or average density using variable lot sizes, in appropriate residential General Plan land use designations provided that the density of the existing Zoning district is not exceeded. When the use of density averaging results in open space parcels, a binding mechanism shall be provided to permanently assure, to the greatest extent feasible,protection of the open space area from future development. Depending upon the needs of the property owner and the environmental sensitivity of the open space lands, acceptable mechanisms for protection can include a conservation easement, development agreement, or the transfer of development credits. 3.5.b. Provide for Flexible Lot Size Provisions in appropriate residential Zoning districts that allow for flexibility in the siting of residential development and the preservation of open space. 3.5.c Allow for the transfer of residential density between parcels within a single development area, including between General Plan land use designations and Zoning districts. Density transfers shall only occur under a development agreement or other acceptable mechanism administered by the County of Butte. Adopted: 10/12/99 by Resolution: 99-145. 4.1 Economic Growth Economic growth and vitality is based on a strong, stable and diversified economy that provides a wide range of meaningful employment and investment opportunities. Individuals who enter the business sector gain independence for themselves, create jobs for others and help to increase the tax base. Policy 4.1. a. Provide sites and facilities to accommodate a variety of economic activities. 4.2 Property Rights Enhancing the value of private property increases both the potential sales prices and the assessed value,bringing benefits to both the private and public sectors. The American concept of property rights requires the County to allow wherever possible a profitable economic use for each parcel, and to maintain surrounding property values. Policy 4.2.a. Maintain economic use and value of private property. 6.5. Biological Habitat The County has a variety of wildlife species dependent on protection of their natural habitat for continual survival. The high mountain areas provide summer range for deer herds; the lower foothills provide winter range. Marsh areas and vegetation along streams are home for many waterfowl, game birds and other small animals. Lake Oroville and the County's larger streams are highly valuable habitats for trout, salmon,bass and other game fish. Several rare and/or endangered plants and animal species are found within the County. Policies 6.5.a. Regulate development in identified winter deer ranges to facilitate the survival of deer herds. 6.5.b. Prevent development and site clearance other than river bank protection of marshes and significant riparian habitats. 6.5.c. Limit development which would increase sediment loads in prime fishing waters. 6.5.d. Regulate development to facilitate survival of identified rare or endangered plants and animals. Butte County DepartmentofDevelopmentServices ogOTTFo PLANNING DIVISION 7 County Center Drive o /�o Oroville, CA 95965 0 - ,.. . : o o`-=fir- o .. (530) 538.7601 Telephone C .l (530) 538-7785 Facsimile 00R ADMINISTRATION " BUILDING " GIS ' PLANNING Jiirie 25, 2004 Linda S. Russell 31 Dallas Court. Chico, CA 95926 Re: TPM 04-21, AP: 063-040-057 Dear Ms. Russell: At the regular meeting of the Butte County Planning Commission held June 24, 2004,.the public hearing was continued to August 26, 2004 at 9:00 a.m. to consider your application for a Tentative Parcel Map to divide a 40-acre parcel into two(2)parcels of 10 acres each and an 18.78-acre parcel. The property is located on the west side of Doe Mill Road,just south of the south intersection of Doe Mill Road and Schott Road, east of Forest Ranch. 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 Dan Breedon at 538-7629 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson P lanning/Administrative Support Services Assistant Ar cc: Sierra West Surveying kAletters\merge letters\CONTINUE.dot Butte County Department ofDevelopment Services u o� T rFo PLANNING DIVISION o 0 7 County Center Drive o o. Oroville, CA 95965 - o o o '-�'Jo (530)538.7601 Telephone C y (530)538.7785 Facsimile ADMINISTRATION ` BUILDING ' GIS ' PLANNING October 29, 2004 Linda S. Russell 31 Dallas Court Chico, CA 95926 Re: TPM 04-21, AP: 063-040-057 Dear Ms. Russell: At the regular meeting of the Butte County Planning Commission held October 28,2004,the public hearing was continued off the record to consider your application for a Tentative Parcel Map to ' divide a 40-acre parcel into two(2)parcels of 10 acres each and an 18.78-acre parcel. The property is located on the west side of Doe Mill Road,just south of the south intersection of Doe Mill Road and Schott Road, east of Forest Ranch. This meeting will be republished and you will be notified of the date and time. Should you have any questions regarding this matter, please contact Dan Breedon at 538-7629 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant /lr 'cc: Sierra West Surveying Bletters\merge ' letters\CONTINUE.dot r. i -� o rFo O O p O 0Memorandum °" ===� o c0U TO: Honorable Chairman and Planning Commission FROM: Dan Breedon,Principal Planner SUBJECT: Linda Russell Tentative Parcel Map (TPM 04-21) October 28, 2004 Planning Commission Hearing DATE: October 19, 2004 Department of Development Services Planning-Division On August 12, 2004 the Planning Commission reviewed this tentative parcel map and instructed staff to prepare a revised Initial Study based upon a revised map to be provided by the applicant. The applicant has not provided the revised map showing a "no development zone" concerning the deer range. Because the revised map has not been received, a new Initial Study cannot be completed. Itis the responsibility of the applicant to provide the revised tentative map. Ms. Russell has also provided the attached letter requesting that the project be removed from the October 28, 2004 Planning Commission Agenda. Staff recommends that the Planning Commission continue this project off the agenda until a revised map is provided by the applicant with the required no development zone and the mew Initial Study and Negative Declaration is prepared and circulated by staff. ' J • Butte County Department ofDevelopment ServicesU A ° °T TF PLANNING DIVISION ° ° 7 County Center Drive ° /� o Oroville, CA 95965 ° - �=w�_. _ ° �. (530)538-7601 Telephone o - o (530) 538.7785 Facsimile 00 R ADMINISTRATION ' BUILDING * GIS ` PLANNING Augtist 26. 2004 Linda S. Russell 31 Dallas Court. Chico, CA 95926 Re: TPM 04-21, AP: 063-040-057 Dear Ms. Russell: At the regular meeting of the Butte County Planning Commission held August 26,2004,the public hearing was continued to October 28,2004 at 9:00 a.m.to consider your application for a Tentative Parcel Map to divide a 40-acre parcel into two(2)parcels of 10 acres each and an 18.78-acre parcel. The property is located on the west side of Doe Mill Road,just south of the south intersection of Doe Mill Road and Schott Road, east of Forest Ranch. 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 Dan Breedon at 538-7629 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant /lr cc: Sierra West Surveying Uletters\merge letters\CONTI N U E.dot September 01, 2004 BUTTE COUNTY Butte County Planning Commission SEP 0 3 2004 C/o Butte County Department of Development Services DEVELOPMENT Planning Division SERVICES 7 County Center Drive Oroville, CA 95965 Re: TPM 04-21,AP: 063-040-057 Dear Commissioners: I am requesting that the application regarding the Tentative Parcel Map to divide my land on Doe Mill Road in Forest Ranch be suspended at this time. Please remove this issue from your October 28, 2004 agenda. Respectfully, Linda Russell Cc: Lynn Richardson ree o y. Request to approve Tentative Parcel Map File # 04-21 APN#063-040-057 June 24, 2004 Property owner, Linda Russell, before the Butte County Planning Commission, providing analysis-recommending approval to divide a 38.78-acre parcel into two (2) parcels of 10 acres each and an 18.78- acre parcel on property zoned TM-10. Noting: 3.2 Residential Densities 3.4 Flexible Lot Size Provisions 4.1 Economic Growth 4.2 Property Rights 6.5 Biological Habitat........lower foothills provide winter range. "The designated line separating 20/40-acre parcel size,when originally drawn onto County maps was not traced parcel by parcel; Therefore, it is very possible that this arbitrary line may cross through a single parcel,of land such as yours"...(Banky E. Curtis, Regional Manager, Department of Fish and Game, letter date 3-25- ' 04 .Topography definition:"foothills with an elevation range from 200- 2100 feet".... (General plan, Natural Environment) Wild life..."Whereas the lower foothills of chaparral, oak and grassland provide the food, water and cover necessary for winter survival of the same deer herds." (Conservation, Wildlife) The lowest point of the parcel is above 2,200 feet and the highest at 2,500 feet. Primary use issue: Agricultural Residential= TM-10 a Conditionally Consistent Zone. Foothill Area Residential = TM-10 a Consistent Zone. Approval of this parcel split is consistent with changing conditions and uncovers policies that require modification. Additionally, it meets the counties goal (#VIII) of `Ensuring that the area's growth is in accordance with the desires and needs of the community,that future developments are safer and healthier as human habitats, more resilient to deteriorating forces, and more consistent or harmonious with natural processes.'The objective is to promote a growth rate, which reflects a well-planned and controlled expansion of the area. Thank you for your time and thoughtful consideration, LCnAalIZu"eLL • 1 m N 2 m e •� N C � m q Q ?- ` + Y 1:y. • .. � 9 iw. ti ad arert 10 0 Y Y �► 1 b L p =_ h oro co �{ ® 01 AOv+ ,1 VJ � d SQ •'�.; f 3 3 4 N e ' >Z h� •� is us►w pp����� 3 N . ® �8 v i C lot CL LL ui 10 L \ O � 1 w— :, 1 O M W � U s W t in t van r VJ AMM �' PARADISE WEST QUADRANGLE* I HAVE'RECEIVED A COPY CALIFORNIA-BUTTE CO. 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RW ROta-360m T_LiE M WROi1•APPROACH L4 GIVEN PRIMARY N AS CT BEST REFLECTS FAR MARKET Y UE r Ta nuoraT vALlq►,Ac a o>silyER IfaPFaar Aa mr SEMMB,�_8.2003 b be E 000 11IGHAEL$t IA!'FER O IN ❑ON Na Fbyal*bspta t Pmpe}y P~ t�0 MPta%iAFWR Fan LID—'TOTAL 2000 fOr Wb*wr a vrW 149wae by a 9 made,i&-14WARANODE TOTRL P.02 TBUN2-04 BUT COUNTY 2003 -2004 PROPERTY T f BILL 12/11/20 1.0.056 Dick Puelicher 8:02:40A Butte County Treasurer-Tax Collector 25 County Center Drive Oroville, Ca 95965-3384 SECURED TAX ROLL FOR FISCAL YEAR JULY 1, 2003 -JUNE 30, 2004 r.`:�' :}<.p m- x:vc Kms.. - •'b. - ,.mac""7'`Y =yIM-p T�MESSAGES ASMT NUMBER: 063-040-057-000 TAX RATE AREA: 062-018 Original bill date 09 512003 FEE NUMBER: 063-040-057-000 ACRES: 40.00 New owner bill LOCATION: 0 DOE MILL RD ASSESSED OWNER: BALO TIBOR RUSSELL LINDA LIVING TRUST C/O RUSSELL LINDA TRUSTEE 31 DALLAS CT2 0 . 1 j CHICO CA 95926-2082 PHONE#S VALUE DESCRIPTION PRIOR CURRENT THIS BILL VA6UATJONS(530).538-7721 __ __ LAND. �. _ .--- 102,000._ 1D2,000-- TAX RATES(530)538.7216 NET TAXABLE VALUE 102,000 EXEMPTIONS(530)538.7721 PAYMENTS(530)538.7701 PERSONAL PROP(530)538-7715 ADDR CHANGES(530)538.7517 GENERAL INQUIRIES(530)538.7701 VALUES X TAX RATE PER$100 1.000000 1,020.00 �; VOTER APPROVED�TAXES,TAXING,AG,ENCY DIRECT CHARGES AND SPECIAL_AS3ESSMENTS ;`,' , PHONE#S CODE DESCRIPTION ASSESSED VALUES X TAX RATE PER$100 = AGENCY TAXES (530)538-7216 2:10nn CUSD REFUNDING A,B,C 102,000 .025045 . 25.54 (530)538-7216 24400 CUSD 1998 A BOND 102,000 .016033 16.36 (530)538-7216 ?.nn BUTTE COLLEGE DEBT 2002A 102,000 .017110 17.46 PHONE#S DESCRIPTION DIR CHRG PHONE#S DESCRIPTION DIR CHRG PHONE#S DESCRIPTION DIR CHRG (530)538-7282 CSA164 ANIMAL CON' 5.00 AGENCY TAXES 59.36 PENALTY+COST 54.21 DIRECT.CHARGES 5.00 AGENCY TAXES+DIRECT CHARGES+FEES+PENALTY+COST+DELINQUENT PENALTIES 118.57 1ST INSTALLMENT $596 39 2ND�INSTALLMENT $54218 DELINQUENT AFTER_y1'211012003V,M F`DELINQUENT<AFTERt 4/1012004 TOTAL TAXES $1,138.57 a r � � _) fi :i1• I u� INS • r ■ � I — � � _ Zoning District Map rim; - ��,� �,i� / " ���`i!a•�.t-f+.aA= 'GGi}ye:!3Sw�,�nea - ®����y�� • � fe r'EJ { ssm 'WIC W-Mr- and Designation La Section 1" Non-County JurisdictionOverlay Zone Assessor Parcels Streams Lakes Zoning Dimict Map SC consiln of I � �, C►/ �fz20t 00 0 2000 4000 Feet, �\� � wood Effective Date: June 1I C � ■ TerraServer Image Courtesy of the U SUS Page1of2 e) Send To Printer Back To TerraServer Change to 8.5x11 Print Size Show Grid Lines MUSGS 21 km NE of Chico,California United States 01 Jul l 77 —77 ff -7'7? — - 9 = lie j! a J } � •-`y � f l d f ?� � I i.` fl �. - / �� �� yf/1 fir; �i'~, r t �w—. —•—"�� r k I A3 o. t , roJ Won I Or / y f�. f�"` f��jlf� ` err-.•--�� � :.�„fp,�y�```{ :� A `{ http://terraserver-usa.com/printimage.aspx?T=2&5=11&X=1536&Y=11033&Z=10&P=2... 11/14/2003 -'R {�• ;���� ' ;`#.� � Vit;1�i � ��.� =..��t i�;• �.i :e.;4 , �� �,�. .�. � f,�'�•x � �. lk $'i i' 'L-.. �pp,,�r� � 1 , '�t.i � i•.. siK� r '� �:!* t� _ � :z f �� Ct } �'�'`•. � t�`i1 �r :i- - :•��� �j}'.1- + '� .t )r, .r {�2 a 1}f•`'t •*Y 'ti1•.1 �'�, ;�iL. it f j t ' �' �.f �.v`r�K.\ ��+;'1?;.`�rz f a •ec, _, �v,;i,;i`�. _ � ; � "t:s�w', �, :�1�{t `r• .�� '��-. �� Aw . - '�' -� •.t. a. �'�.A. j ,j•z'- !, F�t� `-.. 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'`Y I �; .� 1.�. i„z--w 1'4'..1 -_^p� `,�.i 5.� •r�, �.. z r ,S'',' f. XII -'}f i'it ..-iy� '��{•{,,.^`'��'i'�- 9_ :X f �� Cj'�- -� ,+• r.g� S, i xCr. `�• }� �sx Ir r .."Y.y �� '*t�`-r;, �Sr}Tye,i• .7�' � j. •��r�f:{t �� �I"•,iy J_- /f ¥ . � . � �z 4t r � �� '� • i _ C 1_ �`. . fir,' -... _, ;��� ,. w - • - - ��9 1s � � � �� .,— �l e• z y t� fRr 11 Ijz v� �t T i r �'1F�F'v r4 I Butte County Department ofDevelopment Services Administration-AR vT TFo 7 County Center Drive o 0 Oroville,CA 95965 ° ° (530)538-7601 Telephone o o Tentative Parcel Map File: TPM 04-21 APN: 063-040-057 Applicant: Linda Russell 31 Dallas Court Date: August 12, 2004 Chico, CA 95926 INVOICE TPM 04-21 Planning charges are captured in arrears. At the date of this invoice,the following charges had been recorded and entered into our billing program. There may be additional charges in the processing of your application that have not yet been entered into the billing program,and are not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed,you will receive a FINAL INVOICE. The following payments have been applied to the processing of your application: Deposit Date: January 29, 2004 Land Development $ (310.00) Receipt: 394739, Check 2850 Environmental Health (362.50) Total Paid: $1,837.50 CDF/Fire (129.00) NOD/NOE Filing Fee (36.00) DEVELOPMENT SVCS/PLANNING DEPOSIT (1,000.00) TOTAL PAID $ 1,837.50 TOTAL PLANNING DEPOSIT $ (1,000.00) The following charges have been applied to the processing of your application: Administrative/Clerical $ 200.50 Mapping 88.50 Circulation 98.33 Report and/or Project Analysis 535.92 Correspondence 14.75 Hearings/Meetings 131.50 Publication 57.73 PLANNING CHARGES 1,127.23 AMOUNT DUE $ 127.23 ADDITIONAL DEPOSIT 00.00 TOTAL DUE $ 1,127.23 Butte County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to an amount equal to 25%of the original deposit,no processing of the application will occur until the applicant deposits sufficient funds to restore a balance . equal to the amount of the initial deposit,or a lesser amount as determined by the Director of Development Services. in the event the applicant does not provide sufficient funds to continue processing an application,the application will be denied. Should you have any questions,please call Accounts Receivable from 8:00 a.m.to 4 p.m.,Monday through Friday. DUE AND PAYABLE AUGUST 23, 2004 $ 1,127.23 PRIOR TO HEARING K:\FISCAL ADMIN\BILLINGS&REFUNDS\SENT BILLINGS\Russell TPM 04-21 081204.xis August 17, 2004 To: Butte County Planning Commission BUTTE COUNTY ' From: Linda Russell AUG 18. 2004 Re: Tentative Parcel Map (TPM 04-21) DEVELOPMENT SERVICES Recommendation for approval At the Planning Commission meeting held June 24, 2004 the Commissioners continued this agenda item to August 26, 2004. Ms. Russell appreciated the opportunity to present her request and understood that the primary issue on the table was the inconsistency between the critical winter deer range and the County Zoning Ordinance. I own a 38.87-acre parcel zoned TM-10 of which a large portion of it is in the critical winter deer range. I have been advised that staff has recommended denial again because the inconsistency between the County Zoning Ordinance and the deer range has not yet been addressed but will be during the update of the General Plan. I have obtained the boundary lines of this critical winter range and am enclosing it for your review. As well as a topography and area map surrounding the parcel. I am resubmitting a letter sent to me by Banky Curtis, Regional Manager of the Department of Fish and Game wherein he states that the Department wishes to have this problem resolved. Additionally, I am providing responses from two Associate Biologists from DFG regarding critical deer herd migration. Both Dan Breedon of the County staff and I have requested that Henry Lomeli of the DFG attend the August 26th meeting so that any action that takes place will include DFG. It is my hope that he will attend. If he does not his absence should not deter action on this issue. I request that the Planning Commission consider addressing this issue now and not wait until the General Plan is updated. I propose the following language that allows for consistency both with and for the critical winter deer range boundaries, land use and zoning ordinances and is in accordance with the wishes of the DFG (reference DFG Regional Manager Banky Curtis's letter). Deer zoning protection of the critical winter range should apply to parcels that are 40 acres and greater and have greater than or equal to 50% of the parcel within the `critical winter range boundary'. O This allows my loss of the 1.3-acres to the county to work to my benefit. As well as serve all of the County and the DFG when similar issues arise. County staff cites General Plan Policy 6.5a requiring the County to regulate development in identified winter deer ranges. I cited both in writing and in my narrative at the June meeting General Plan Policy#'s 3.2, 3.4, 4.1, 4.2 and 6.5 as analysis to recommending approving the tentative parcel map. Additionally, please note that five of the seven parcels that touch mine are smaller in size. Please note the Counties goal (#VIII) of `Ensuring that the area's growth is in accordance with the desires and needs of the community, that future developments are safer and healthier as human habitats, more resilient to deteriorating forces, and more consistent or harmonious with natural processes.' The objective is to promote a growth rate, which reflects a well-planned and controlled expansion of the area. Foothill Land Use Element 1979 states that primary use is single-family dwellings at rural densities and site criteria states 1. Needed for rural foothill residential development within 20 years. It is now 25 years past and Forest Ranch has become a desirable rural location. I am a Butte County resident. I have spent$3753.48 to bring this issue before you. $2964.73 to the `County of Butte" and $788.75 to Sierra West Surveying. If I did not pay my fees in advance, I would not even be given the privilege of being an agenda item on August 26tn Please recommend approval of TPM 04-21. Res ectfull Aard; ��sell Attachments: Critical winter range boundary line parcel map topography letter from DFG regional manager Banky Curtis letter from DFG Associate Wildlife Biologist Russell Mohr letter from DFG Associate Wildlife Biologist Bob Schaefer copy of applicant's invoice Copy: Henry Lomeli, Associate Biologist DFG 1100 Fortress Street Suite 2 Chico,CA 95973 a �� ':��' E. ,s�'��� f' f :fis.""�w::ti-��:=i'�::�ss`�ti'�:�w5: -s, sd:ssss;:�ss::;s^r �:ts's^^'"`. -...,,-•^._.,.,^^.,...,�..�^s`�"'""..:;..�:��Mn�`:...n"�:�....... -+��-ti ��:���wM�;���,.. �.•s'ti�-tom ��.:;r`�':�� ::t:,r..-ti.,;t,,�„s�^_-...�.,....,...:. .:=y'� "=�"^.^...,.^..^;�..:..=%� .�"5.`Sv.`ti.`ti`S`�"n`1'Z`S,'n`S�S:.n`S.'�S`s; ��" ;s:::�"n"..`5.���.n`.M`S✓..:,..""...��w�.':"' S4:�S.5.^n,.,".M.v.."^�n SS�, nti'S`.�:.``-...,,„ti^`^"`^^ wl ZF .....4`:ti`. 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OM1 , X J• ...r:• �` �• •��ri'- :J�•:'.:':/ LLI pLU Zo Df• � •�'�� \ 09 VvX. - ,�^i, � �=- r v \ Tam` •.\:o � /: \ _ a �c fir. � _- .,•`\;'. \\ r - ��'i� Cb, l � 'gyp` � :. \1 • fel .!� \: ;':�.� :� �1- - . �` -\ -.`� � � \ �--/. `� ` LU Lu \ •� ca a��i , \`^ - _.:i .1.• 'i-., �.. •1•Ir-= `(, __. `. ;`�df• is • V State of California-The Remmirces Agency OLD SCHWARZENEGGER Governor a DEPARTMENT OF FI AND GAME http://www.dfq.ca.gov Sacramento Valley - Central Sierra Region 1701 Nimbus Road, Suite A Rancho Cordova, CA 95670 916/358-2900 March 25, 2004 Ms. Linda Russell 31 Dallas Court Chico, CA 95926 Dear Ms. Russell: The Department of Fish and Game (Department) has reviewed your request to subdivide your 38 +/- acre parcel located near Forest Ranch in Butte County. You are correct by pointing out the inconsistency within the Butte County General Plan as it pertains to zoning and deer herd mitigation. Your case is not uncommon in that you purchased land with the intentions of subdividing as allowed in the zoning (TM-10), and only later discovered that the'Department has designated the area as deer winter range, which prohibits parcel sizes smaller than 20 acres on general winter range and 40 acres within critical winter range area. The County planners are aware of this agreement, unfortunately and understandably, most landowners are surprised and often upset when they discover this fact, sometimes years after they have purchased the land. The Department has asked that this issue be formally addressed by Butte County so that this problem can be corrected. The designated line separating 20/40-acre parcel size when originally drawn onto County maps was not traced parcel by parcel; therefore, it is very possible that this arbline may cross through a single parcel of land such as yours. T e decision as to what parcel size to support when two parcel size restrictions appear onla single parcel does indeed present a problem worth correcting. The Department would like to present for'consideration to the County -t whichever percentage is greater, that the deer zoning ro eco ria should apply. In your case, it appears that approximately 80 percent of your parcel falls within the 40-acre minimum; therefore, we would not Capproximately ort a 20-acre split. You have requested the development of two parcels, eac 19 acres. The Department cannot support your parcel split request. uld the County open this question up on a countywide level, the Department would ager to work at resolving this unfortunate inconsistency, until that time,.we have notmmended that these types of a request be granted, and by doing so now, the artment would not be consistent with our previous decisions. Asmentioned earlier, Department wishes to have this problem resolved. Conserving Cal forma's Wifi ffe Since 1870 Ms. Russell March 26, 2004 Page 2 Should you want to discuss this further, please contact Henry Lomeli, Associate Wildlife Biologist at (530) 892-8470. Sincerel , Banky E. Curtis Regional Manger cc: Mr. Dan Breedon 7 County Center Dr. Oroville, CA 95965 Mr. Henry Lomeli Department of Fish and Game Sacramento Valley - Central Sierra Region 1701 Nimbus Road, Suite A Rancho Cordova, CA 95670 0 age o Subj: Re:critical winter deer range Date: 7/20/2004 5:06:07 PM Pacific Daylight Time From: RMohra�dfg.ca.gov To: Lndalu@aol.com Dear Ms. Russell, I may be reading more into your question than is necessary, but to be quite honest, I.hesitate to give you an answer regarding "what constitutes a critical winter deer range?". The problem with providing an answer, surrounds the use of the term "critical". The term was coined in the '40s, however a speck definition was never provided. Because the term "critical"was never standardized or defined, the application and use of the term by different entities and persons has been subjective. I have attached Chapter 3 of the 2004 Environmental Document Regarding Deer Hunting. This contains the most complete discussion (Pages 116-126) of the term "critical" in reference to deer ranges and I hope this clarifies my apprehension. As far as what we consider winter range, that is a much easier question to address. Basically, it refers to the area or range that deer occupy during the winter months. It can vary substantially depending on the geographic distribution within the state, the specific weather conditions during that year, and the elevational ranges the specific herd occupies. In general, there are three herd types: 1) those herds that are migratory and move a long distance to specific wintering areas; 2) those herds that make relatively short elevational shifts in response to weather, snow or vegetation changes; and 3) those herds that are considered "resident" and winter and summer in the same area. Migratory herds typically occupy the higher elevations of northern California and the Sierra and Cascade Mountain Ranges where weather and snow conditions become severe, forcing deer to move long distances to lower elevations. In years with severe winter conditions, distribution of deer may be very confined, while mild winters bring result in more dispersed populations. The second herd example occupies areas such as the north coastal mountain ranges in Humboldt and Mendocino counties, and certain mountain ranges in southern California. Typically, the combination of weather and elevation are not severe enough to force deer into long distance migrations. Instead, deer movements are up and down slopes depending on.. snow or vegetation conditions. Resident deer herds typically occupy the same area year-round and their movements are generally dictated by food and water availability. In general, deer herds in the central and southern coastal areas, and herds occupying desert areas are resident deer. In addition, many herds have deer of both types, migratory and Tuesday, July 20, 2004 America Online: Lndalu resident. An example would be many of the herds on the west slopes of the Sierra Nevada, where both migratory deer occupy high elevation summer ranges, migrating to lower elevations in the winter, while resident deer occupy these lower elevations year-round. In response to declining deer populations throughout the state, the creation of the zone system as we know it now began in 1978. In 1984, 111 deer herds were recognized and individual herd plans were prepared for 80 herds (some were lumped together based on similar characteristics). The herds, and ultimately the zone system, were determined through numerous mark and movement studies that have been conducted over the years. Quite simply, each zone consists of a herd or group of herds that have similar characteristics from the standpoint of habitats, migration patterns, reproductive cycles, and herd performance (similar mortality and survival). Basically, the zone system allows us to customize and adapt the deer hunting and harvest strategies based on those characteristics. This is accomplished by adjusting seasons (both length and timing), quotas, bag limits, special conditions and in some instances additional hunt opportunities. I hope I've addressed your questions adequately. If you have any additional questions or comments please contact me. Sincerely, >>> <Lndalu@aol.com> 7/19/2004 9:24:02 PM >>> Dear Mr. Mohr: what constitutes a critical winter deer range?As in elevation etc. How were the zones determined in Norther California? Thank you, Linda Russell Russell Mohr Associate Wildlife Biologist California Department of Fish and Game Wildlife Programs Branch Deer Management Program 1812 Ninth Street Sacramento, CA 95814 (916) 445-3550 fax: (916) 445-4048 E-mail: RMohr@dfg.ca.gov Tuesday, July 20, 2004 America Online: Lndalu L/ Subj: winter range? Date: 7/21/2004 5:01:32 PM Pacific Daylight Time r From: rschaefer0dfg.ca.gov To: Lndalu@aol.com CC: MSOMMERft.ca.gov, RCallasadfg.ca.gov Linda"The various survival strategies of deer(resident, migratory, partially migratory) dictate the components of a winter range. For migratory deer it is generally habitats occupied from October through April; resident populations sometimes remain in the same few miles of habitats their entire lives. It varies significantly by habitat and topographic features but generally has a shrub/_conifer component that provides for nutritional maintenance and thermal cover through winter.-:=Elevation can vary significantly but is generally associated with an upper elevation summer range sometimes many miles away. Critical winter range has been defined in numerous ways, however the Department does not have a standard definition. Critical areas are generally evaluated and managed locally on an individual basis, and can vary greatly in size, elevation, and vegetation. Deer zones were developed many years.ago by field biologists to manage populations and-are still evolving. The refinement of zone boundaries is occurring.as the availability of modem techniques improves our abilities to understand the specifics of populations. Many times highways are used as major boundaries for easy identification and enforcement. I hope this helps, let me know if you have more specific questions. Thanks Bob Schaefer Associate Wildlife Biologist Wednesday, July 21, 2004 America Online:Lndalu Butte County Deparbnent ofDevelopmentServices wTTF Administration-AR 0 0 7 County Center Drive o o . Oroville,CA 95965 0 /� o (530)538-7601 Telephone o _�" Y o • COV N.�-t Tentative:PaicelMap:,.: APN: 063=040=:057::_`:;:.•`:;..:.: Applicant: Linda:Russell 3.1�Dalfas CourE= nate: August".12;;,20.04: Chico:CA:9:592'6:__..:::-< ';. ... INVOICE TPM 0421 Planning charges are captured in arrears. At the date of this invoice,the following charges had been recorded and entered into our billing program. There-may-be-additional charges in-the-processingof yrurappticaticn that have-not yet been entered into-the billing-program-.and are-not-reflected-on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed,you will receive a FINAL INVOICE. The following payments have been applied to the processing of your application: Deposit Date: Januarv29 2Q04ic-i.';' :, Land Development $ (310.00) Receipt: 394739.':Check 2850: Environmental Health (362._50) Total Paid: 11,831750 837:50 CDF/Fire :(129:00) NOD/NOE Filing Fee _ 36.00 DEVELOPMENT svcslPu►NNtNc DEPOSIT = il 000 OOi TOTAL PAID $ 1,837.50 4. TOTAL PLANNING DEPOSIT K S`:: (1000OOi The following charges have been applied to the processing of your application: Administrative/Clerical $ 200.50 Mapping 88.50 Circulation' 98.33 Report and/or Project Analysis 535 92 Correspondence Y - 4175:_ Hearings/Meetings Publication 57.73 PLANNING CHARGES -.: =:1027.23: AMOUNT DUE^$ "'.: : ADDITIONAL DEPOSIT DUE" ;`.. -1;000:00° TOTAL DUE,.$` :1'`127:23;. Butte County Code 3-44 Hourly fees; deposits;billing procedures. County code requires when the initial deposited funds are depleted to a amount equal to 25%of the original deposit,no processing of the applicationvAll occur until the appricant deposits sufficient funds to restore a balance equal to the amount of the Initial deposit,or a lesser amount as determined by the Director of Development Services. In the event the applicant does not provide sufficient funds to continue processing an application,the application will be denied. Should you have any questions,please call Accounts Receivable from 8:00 a.m.to 4 p.m.,Monday through Friday. K:IFISCAL ADMIMBILLINGS 8 REFUNDSISENT BILLINGS1Russell TPM 04-21 081204.)ds r BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT—August 26, 2004 Applicant: Linda Russell APN: 063-040-057 File#: TPM 04-21 Request: This is an application for a Location: On the west side of Doe Tentative Parcel Map to Mill Road,just south of divide a 38.78-acre parcel the south intersection of into two parcels of 10- Doe Mill Road and acres each and an 18.78- Schott Road east of acre remainder. Forest Ranch Project Dan Breedon Planner: Principal Planner Parcel Size: 38.78 acres Supervisor 3 District: Attachments: General Plan A: Deer Range Map—Russell Designation: Agricultural Residential, Property B: General Plan Policies Zoning: TM-10 (Timber Mountain, 10- acre parcels) EXECUTIVE SUMMARY: On June 24, 2004 the Planning Commission continued this project pending staff review of the General Plan and Deer Herd Maps as discussed at this hearing. This project is considered inconsistent with the 40-acre minimum parcel size required by the Critical Deer Range maps provided by the Department of Fish and Game. Therefore, staff recommends that the Planning Commission deny this project. ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑ Russell TPM 04-21 ❑ August 26, 2004 ❑ Page 1 PROJECT DESCRIPTION: 1. This is an application for a Tentative Parcel Map to divide a 38.78-acre parcel into two parcels of 10-acres each and an 18.78-acre remainder. 2. Sewage disposal for the future dwelling sites would be handled by on-site septic systems and domestic water would be obtained from individual wells. 3. Proposed parcels would access Schott Road. SITE CHARACTERISTICS: 1. The elevation is approximately 2,400 feet above sea level on Doe Mill Ridge. 2. The project site has a gentle slope to the southwest. 3. Surrounding parcels range in size from 1.7 to 123 acres, with larger parcels predominant. 4. The site is vegetated with scattered oaks, pines and fir trees with associated under-story shrubbery. 5. There are no visible drainage courses or wetlands on the property. ANALYSIS: 1. The Planning .Commission asked for a staff review of General Plan Policies 3.2 — Residential Densities, 3.5 —Flexible lot Size Provisions, 4.1 —Economic Growth, 4.2 — Property Rights, and 6.5 — Biological Habitat. These polices are shown in their entirety under Attachment A. 2. Staff comment is provided below in italics following each policy referenced above: a. Policy 3.2—Residential Densities This policy calls for the correlation of residential density to soil, slope, water availability, sewer service, compatibility of adjacent uses, and traffic carrying capacities of existing and proposed circulation routes. Comments received from the Environmental Health Division and Department of Public Works indicate that the proposal meets these requirements and is therefore consistent with Policy 3.2. This policy does not preempt the necessity to comply with other Policies of the general plan. The proposed Tentative Parcel Map is inconsistent with Butte County General Plan Policy 6.5. which requires the County to regulate development in identified winter deer ranges to facilitate survival of local deer herds. b. Policy 3.5 —Flexible Lot Size Provisions This policy includes provisions for the use of flexible lot size developments in the County using variable size lot sizes provided the overall density of the applicable zoning district is not exceeded. The Butte County Code provides for Flexible Lot Size Subdivision under Section24-82. This section requires a specific application for a flexible lot size subdivision. The subject project was not submitted as a flexible lot size subdivision. A flexible lot size subdivision would not be supported ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑ Russell TPM 04-21 ❑ August 26, 2004 ❑ Page 2 by staff for this project, due to the 40-acre minimum parcel size deer wintering range restriction. c. Policy 4.1 —Economic Growth This policy supports the use of sites and facilities to accommodate a variety of economic activities. This policy is implemented through the County's Zoning Ordinance, which in turn provides areas under various zoning districts where a variety of economic activities may take place. This policy does not allow for,a variety of economic activities at any given location. Land use activities are restricted under the applicable zoning district. This policy does not preempt the necessity to comply with other Policies of the general plan. The proposed Tentative Parcel Map is inconsistent with Butte County General Plan Policy 6.5, which requires the County to regulate development in identified winter deer ranges to facilitate survival of local deer herds. d. Policy 4.2—Property Rights This policy calls for the county to allow, wherever possible, a profitable economic use for each parcel and to maintain surrounding property values. The denial of the proposed parcel map does not remove the profitable or economic use of the property nor does it infringe on property rights. The property is permitted to be developed with a single family dwelling and to be used for other uses as permitted, and conditionally permitted, under the applicable TM-10 zoning. The zoning does not provide a right to divide the land. The subdivision of land is subject to the discretion of the Planning Commission and Butte County. e. Policy 6.5 —Biological Habitat This policy includes statements regarding the value of natural habitat, including deer range, streams and lakes within the County and the need for protection of these natural resources. The use of the Department of Fish & Game's deer herd maps are utilized by staff to ensure the fulfillment of this policy with regard to the protection of local deer herds and their ranges. 3. The Planning Commission requested a map showing the deer wintering range for the subject area. This map is provided as Attachment B. 4. Staff also requested that a representative from the Department of Fish and Game be present at this hearing should the Planning Commission have any questions regarding the deer range. 5. It is Department policy to defer matters of interpretation or requests for alteration of the deer range to the Department of Fish and Game due to their recognized experience and technical knowledge in this area. 6. Staff spoke with Fish and Game biologist Henry Lomelli concerning this project. 7. Mr. Lomelli reviewed this project again and reconfirmed that the Department of Fish and Game finds the proposal inconsistent the 40-acre minimum parcel size required by the Critical Deer Range maps. 8. Staff recommends that the Planning Commission deny this map based upon the inconsistency with the Critical Deer Range Maps. ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑ Russell TPM 04-21 ❑ August 26, 2004 ❑ Page 3 9. Staff would like to correct information in the record presented by the Department of Fish and Game and the applicant. The line separating the two deer range areas separates 40 acre deer range from deer range where development is permitted: Both the Department of Fish and Game and the applicant make reference to the line separating 40 acre deer range from 20 acre deer range, which is not correct. 10. The Planning Commission also requested that staff determine whether land was taken from this property by the County. 11. According to the Department of Public Works, the County acquired a 60' of right of way on Jan. 11, 1973 for public road purposes. This acquisition totaled approximately 9/10 of an acre of property along the front property line. CEQA ISSUES: Public Resources Code Section 21080 b. (5) states that CEQA is not applicable to projects that are going to be denied. CEQA findings are, therefore, not required. ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑ Russell TPM 04-21 ❑ August 26, 2004 ❑ Page 4 ACTION FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Find that the denial of this project is not subject to CEQA pursuant to Public Resources Code 21080 b. (5) and under Sections 15270(a) and (b) of Title 14, California Code of Regulations, Chapter 3 (Guidelines for Implementation of the California Environmental Quality Act), and that no Fish and Game fee is required. II. Deny the Tentative Parcel Map for Linda Russell (File TPM 04-21), subject to following finding: A. The proposed Tentative Parcel Map is inconsistent with Butte County General Plan Policy 6.5. that requires the County to regulate development in identified winter deer ranges to facilitate survival of local deer herds. This is supported by the California Department of Fish and Game in their letter concerning this project dated March 25, 2004. K:\Planning\PROJECTS\TPM\RUSSELL.04-21\Planning Commision Report 8.26.04.doc ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑ Russell TPM 04-21 ❑ August 26, 2004 ❑ Page 5 r r y Critical Winter 'Range 40-acre minimum parcels \ - : Development Permitted 3.2. Densities The distribution of county population and the needs for public services and facilities is largely determined by the densities of residences in different areas of the County. Density is also important in its effect on the quietness, "elbow room" and overall quality of housing situations. the intensity of residential development is related to a number of factors, including the natural capabilities of property, the availability of public facilities, the value of property and proposed dwelling units, and the developing trend and characteristics of the surrounding area. Policies 3.2.a. Correlate residential densities to soil, slope and other natural site characteristics. 3.2.b. Correlate residential densities to availability of water and sewage disposal and proximity to other public facilities. 3.2.c. Relate residential densities to intensity and compatibility of adjacent uses. 3.2.d. Balance residential densities with traffic-carrying capacities of existing and proposed circulation plans. 3.5 Flexible Lot Size Provisions The county contains significant agricultural, scenic and environmental resources and hazards that warrant preservation or avoidance, while allowing for development of nearby lands. Flexibility in the application of development standards, will allow for appropriate residential development to occur while preserving these resources to the maximum extent possible. This flexibility in development design is not intended to provide for attainment of higher residential densities than would otherwise be permitted by the General Plan or applicable Zoning district. Policies 3.5.a. Allow residential development to occur based upon either minimum lot size I or average density using variable lot sizes, in appropriate residential General Plan land use designations provided that the density of the existing Zoning district is not exceeded. When the use of density averaging results in open space parcels, a binding mechanism shall be provided to permanently assure, to the greatest extent feasible, protection of the open space area from future development. Depending upon the needs of the property owner and the environmental sensitivity of the open space lands, acceptable mechanisms for protection can include a conservation easement, development agreement, or the transfer of development credits. 3.5.b. Provide for Flexible Lot Size Provisions in appropriate residential Zoning districts that allow for flexibility in the siting of residential development and the preservation of open space. 3.5.c Allow for the transfer of residential density between parcels within a single development area, including between General Plan land use designations and Zoning districts. Density transfers shall only occur under a development agreement or other acceptable mechanism administered by the County of Butte. Adopted: 10/12/99 by Resolution: 99-145. 4.1 Economic Growth Economic growth and vitality is based on a strong, stable and diversified economy that provides. a wide range of meaningful employment and investment opportunities. Individuals who enter the business sector gain independence for themselves, create jobs for others and help to increase the tax base. Policy 4.1. a. Provide sites and facilities to accommodate a variety of economic activities. 4.2 Property Rights Enhancing the value of private property increases both the potential sales prices and the assessed value, bringing benefits to both the private and public sectors. The American concept of property rights requires the County to allow wherever possible a profitable economic.use for each parcel and to maintain surrounding property values. Policy 4.2.a. Maintain economic use and value of private property. 6.5. Biological Habitat The County has a variety of wildlife species dependent on protection of their natural habitat for continual survival. The high mountain areas provide summer range for deer herds; the lower foothills provide winter range. Marsh areas and vegetation along streams are home for many waterfowl, game birds and other small animals. Lake Oroville and the County's larger streams are highly valuable habitats for trout, salmon, bass and other game fish. Several rare and/or endangered plants and animal species are found within the County. Policies 6.5.a. Regulate development in identified winter deer ranges to facilitate the survival of deer herds. 6.5.b. Prevent development and site clearance other than river bank protection of marshes and significant riparian habitats. 6.5.c. Limit development which would increase sediment loads in prime fishing waters. 6.5.d. Regulate development to facilitate survival of identified rare or endangered plants and animals. r BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT—June 24, 2004 Applicant: Linda Russell APN: 63-040-057 File#: TPM 04-21 Request: This is an application for a Location: On the west side of Doe Tentative Parcel Map to Mill Road,just south of divide a 38.78-acre parcel the south intersection of into two parcels of 10- Doe Mill Road and acres each and an 18.78- Schott Road east of acre remainder. Forest Ranch Project Dan Breedon Planner: Principal Planner Parcel Size: 38.78 acres Supervisor 3 District: Attachments: General Plan A: General Plan and Zoning Designation: Agricultural Residential Map B: March 25, 2004 Letter from Department of Fish and Game C. March 5, 2004 Letter from Linda Russell Zoning: TM-10 (Timber Mountain, 10- D. February 26, 2004 Letter acre parcels) from Development Services Department E. Tentative Parcel Map EXECUTIVE SUMMARY: This project is considered inconsistent with the 40-acre minimum parcel size required by the Critical Deer Range maps provided by the Department of Fish and Game. Therefore, staff recommends that the Planning Commission deny this project. 0 Butte County Planning Commission 0 Agenda Report 0 Page 1 0 I PROJECT DESCRIPTION: 1. This is an application for a Tentative Parcel Map to divide a 38.78-acre parcel into two parcels of 10-acres each and an 18.78-acre remainder. . 2. Sewage disposal for the future dwelling sites would be handled by on-site septic systems and domestic water would be obtained from individual wells. 3. Proposed parcels would access Schott Road. SITE CHARACTERISTICS: 1. The elevation is approximately 2,400 feet above sea level on Doe Mill Ridge. 2. The project site has a gentle slope to the southwest. 3. Surrounding parcels range in size from 1.7 to 123 acres, with larger parcels predominant. 4. The site is vegetated with scattered oaks, pines and fir trees with associated under-story shrubbery. 5. There are no visible drainage courses or wetlands on the property. ANALYSIS: 1. Staff has determined that the majority of this project is located within the 40-acre critical deer range as shown by the Department of Fish and Game's deer range maps. 2. Butte County General Plan Policy 6.5.a. requires the County to regulate development in identified winter deer ranges to facilitate survival of local deer herds. 3. Although the zoning for this property allows parcels to be created at a minimum of 10 acres, the deer range does not allow for parcels below 40 acres to be created. 4. Therefore, the proposed Tentative Parcel Map is inconsistent with the deer range policy. 5. The applicant wrote to the Department of Fish and Game to explore options that would allow the project to conform to the deer range. 6. The Department of Fish and Game could not support the existing design of the Parcel map or an alternative proposal to create two parcels of approximately 19-acres. 7. Staff is, therefore, recommending denial of the Tentative Parcel Map. CEQA ISSUES: Public Resources Code Section 21080 b. (5) states that CEQA is not applicable to projects that are going to be denied. CEQA findings are, therefore,not required. 0 Butte County Planning Commission ■ Agenda Report ■ Page 2 ■ y ACTION FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Find that the denial of this project is not subject to CEQA pursuant to Public Resources Code 21080 b. (5) and under Sections 15270(a) and (b) of Title 14, California Code of Regulations, Chapter 3 (Guidelines for Implementation of the California Environmental Quality Act), and that no Fish and Game fee is required. II. Deny the Tentative Parcel Map for Linda Russell (File TPM 04-21), subject to following finding: A. The proposed Tentative. Parcel Map is inconsistent with Butte County General Plan Policy 6.5. that requires the County to regulate development in identified winter deer ranges to facilitate survival of local deer herds. This is supported by the California Department of Fish and Game in their letter concerning this project dated March 25, 2004. K:\Planning\PROJECTS\TPM\RUSSELL.04-21\Planning Commision Report-Denial.doc ■ Butte County Planning Commission 0 Agenda Report ■ Page 3 0 I ` Butte County Department of De velopment SeiTkes 100) YVONNE CHRISTOPHER,DIRECTOR O 7 County Center Drive O O Oroville,CA 95965 O O (530)538.7601 Telephone O -- (530)538.7785 Facsimile p-NO-- O c�U N'�y ADMINISTRATION*BUILDING*GIS*PLANNING July 26, 2004 Mr. Banky E. Curtis Regional Manager California Department of Fish and Game 1701 Nimbus Road, Suite A Rancho Cordova, CA 95670 RE: Russell Tentative Parcel Map (TPM 04-21) Dear Mr. Curtis: On June 24, 2004 the Butte County Planning Commission held a public hearing concerning the proposed Russell Tentative Parcel Map. Staff recommended denial of the parcel map based upon an inconsistency with maps held by the County and produced by the Department of Fish and Game concerning Deer Wintering Range. The Planning Commission continued this hearing until August 26, 2004. The Planning Commission had questions concerning the deer range and statements made in your March 25, 2004 letter regarding this project, enclosed. I am requesting that a representative from the Department of Fish and Game be present at the August 26, 2004, 9:00 a.m. Planning Commission meeting. This representative should be prepared to answer questions and provide elaboration concerning the deer wintering range in Butte County and be familiar with this project. Please let me know if someone will be able to attend this hearing. A staff report to the Planning Commission will be available 10-days prior to the hearing, which I will make available to your office. Thank you for your attention to this matter. Should you wish to contact me I am available at 530-538-7629. c anierely, reedon Principal Planner State of California - Thed&sources Aaency ASkRNOLD SCHWARZENEGGER Governor DEPARTMENT OF WSH AND GAME http://www.dfg.ca.gov Sacramento Valley - Central Sierra Region 1701 Nimbus Road, Suite A Rancho Cordova, CA 95670 BUTTE 916/358-2900 COUNTY APR 0 2 2PO4 March 25, 2004 DEVELOPMENT SERVICES Ms. Linda Russell 31 Dallas Court Chico, CA 95926 Dear Ms. Russell: The Department of Fish and Game (Department) has reviewed your request to subdivide your 38 +/- acre parcel located near Forest Ranch in Butte County. You are correct by pointing out the inconsistency within the Butte County General Plan as it pertains to zoning and deer herd mitigation. Your case is not uncommon in that you purchased land with`the intentions of-subdividing as allowed in the zoning (TM-10), and only later discovered that the Departmerit has designated the area as-deer winter range, which prohibits parcel sizes smaller than 20.acres on general winter range and.40 acres within critical winter range area. Thd,-County planners are aware of this-agreement,- unfortunately and understandably; most landowners are surprised and often upset when they discover this fact, sometimes years after they have purchased the land. The Department has asked that this issue be formally addressed by Butte County so that this problem can be corrected. The designated line separating 20/40-acre parcel size when originally drawn onto County maps was not traced parcel by parcel; therefore, it is very possible that this arbitrary line may cross through a single parcel of land such as yours. The decision as to what parcel size to support when two parcel size restrictions appear on a single parcel does indeed present a problem worth correcting. The Department would like to present for consideration to the County that whichever percentage is greater, that the deer zoning protection criteria should apply. In your case, it appears that approximately 80 percent of your parcel falls within the 40-acre minimum; therefore, we would not support a 20-acre split. You have requested the development of two parcels, each approximately 19 acres. The Department cannot support your parcel split request. Should"the,County open this question up on a countywide level, the Department would be eager to work at resolving this Iunfortunafe inconsistency, until that time,.we,haye not recommended that these types of are'-quest be granted, and-by-doing.so;now;...the . , Department would not be consistenfwith our-previous decisions. As mentioned,earlier, the Department wishes,to have this problem resolved. Conserving California's Wifdffe Since 1870 �. 'r • ... - .E E... Ms. Russell March 26, 2004 Page 2 Should you want to discuss this further, please contact Henry Lomeli, Associate Wildlife Biologist at (530) 892-8470. Sincere , Banky E. Curtis Regional Manger . cc: Mr. Dan Breedon 7 County Center Dr. Oroville, CA 95965 Mr. Henry Lomeli Department of Fish and Game Sacramento Valley - Central Sierra Region 1701 Nimbus Road, Suite A Rancho Cordova, CA 95670 I t� (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In The Matter Of Notice of Public Hearing. No. Z,,96-FTE COUNTY W" ' PLANNING COMMISSION .z; NOTICE•0F�;-V sw ; PUBLIC HEARING ; Notice jisf,heretiy:",give6 byl ,ffi4:,4.Butte;_County, AFFIDAVIT OF PUBLICATION `Pfannmg�'Commission ;that oLpublicrhearing will :tie,,held''j6h Hund,24; State of California -2004=inlhe Butte Couri- yry;Bdva'ofysupeNisois' SS. Rb ff,-Co'unty.Admi'is! County Of Butte tratop Center,'25 Coun- c f3 Center;Dri've;,Oroyille,' �aljfurriia;�at�9:OO�a:m' The undersign f they ed resident of count of ;.,.regarding the following -item.njo-- 123 Butte, State of California, says: :9:OO a.rnf,-;LInda!FRkiS- • `sell,�,�T.,entative�Parcel. ';Map;to;tdrvide,a';38.78; That I am,and at all time herein mentioned n acre�parcel,Sintotuvo was a citizen of the United States and nota pa[cels of,t0 acres each p�Y ' ands? 8.78=acre to nor interested in the above entitled matter; remainder,on-property -zoned--STM=10,,.(Timber that I am the principal clerk of the printer and Mountiin,'L_k*- o.�a`cre publisher Of air Ts):The property is p ' �ocated on the west side. --- 1 •:of Does MiWjRoad :just The Chico Enterprise-Record - esodth,61 E)'south R Road h section,of Doe_Milt Road The Oroville Mercury-Register ri;Schott':Road;t,east ':of�osesY-;Rancli s 063-64040 7,(bb)'(TPM', That said newspaper is one of general circula- 4-,21:):!`,'"1*4� tft,e;$ aouchallenge�Tenta-i tion as defined by Section 6000 Government live-(?arcel Map,in.court, Code of the State of California'Case No. 26796 youfbmayibelumited"es- ringonly t pse,issues by the Superior Court of the State of California, e��ou or omeonePelse' in and for the Countyof Butte;that said news a- tlri -at the public"hear:' p ;h ing�described?;in,�,thls per at all times herein mentioned was printed : notice;or;in written cor= and published daily in the City of Chico and Z respondence'delivered to ihe.PlannA Division County of Butte;that the notice of which the at;or prior to;the public' ' annexed is a true printed copy,was published in Forifu ii,e,'information said newspaper on the following days: regarding'this,?project; ."-contact v.+;,Mark Ivltchelem,project plan; June lo, o nes;at the Butte.County 4 • Planning >,I)ivision:< at' (530)538 :N,VONNE CHRISTOPHER; i • ;,DIRECTOR OF.'P DEVELOPMENT SERVICES • :-:,}.;FU4-.144`,:; , '•Publish:June 10,'2004: Dated June 22,2004. at Chico,California. (Sig1 ure) Butte County Departrnent ofDeveloprient Services �O T o o TF PLANNING DIVISION o 0 7 County Center Drive 0 0 Oroville, CA 95965 . o -__ _. = o (530)538-7601 Telephone o -- - o (530)538-7785 Facsimile covN'�y ADMINISTRATION * BUILDING * GIS * PLANNING June 4, 2004 Linda S. Russell 31 Dallas Court Chico, CA 95926 Re: TPM 04-21, AP: 063-040-057 Dear Ms. Russell: Enclosed is a copy of the Agenda Report concerning your application for a Tentative Parcel Map to divide a 40-acre parcel into two(2)parcels of 10 acres each and an 18.78-acre parcel on property zoned TM-1 OTM-10 (Timber Mountain, 10-acre parcels) and located on the west side of Doe Mill Road,just south of the south intersection of Doe Mill Road and Schott Road,east of Forest Ranch. Should you have any concerns with the report or conditions of approval,please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for June 24, 2004, 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 Dan Breedon of this office at 538-7629, between 8:00 a.m. and 4:00 p.m.,Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant Enc. cc: Sierra West Surveying Environmental Health Land Development KNetters\merge letters\SCHEDULE.dot BUTTE COUNTY DEVELOPMENT SERVICES 7 County Center Drive Oroville, CA 95965 (530) 538-7620 FAX (530) 538-7785 Tom Wrinkle to: 877-6254 fax #: from: Dan Breedon, Principal Planner (538-7629) date: June 14, 2004 Fish and Game Letter subject: pages: 3 NOTES: Tom, The applicable deer range is 40-acre minimums not ' 20 acre minimums as I had mistakenly indicated to ' you on the phone. The DF6tG letter indicates that they would not support the project. The at draft staff report is recommending denial of the project for this reason. COUNTY MAR 0 a ,. Linda Russell RN DEVELOP MNT .31 Dallas.Ct:> SERVICES Chico, CA 95926; -.,,..530c899;918,2/:i. Henry Lomeli Department of Fish& Game 1100 Fortress Street Suite 2 Chico, CA 95973 March 5, 2004 Dear Mr. Lomeli: I appreciated the opportunity to speak with you this morning regarding the boundaries of the deer critical winter range. As we,discussed Irown an approximate 38-acre parcel on Doe Mill Road in Forest Ranch. When purchasedjhe property despite having had a sellers survey completed, I was advised that;it-was a 40-acre parcel. The survey had concurred. The area is zoned TM-10. My hope was to create four ten-acre parcels. When the property was resurveyed for the creation of the tentative map for submission to the Butte County Department of Development services, I was advised by Mr. Wrinkle of Sierra West Surveying that in fact the land was less than 40 acres because the county had taken possession of a little less than two acres of it, which includes the road area and that across from my property. I was dismayed but did agree to create only three parcels. Mr. Wrinkle created the Tentative Parcel Map and submitted it to the County. Mr. Breedon, a Principal Planner for the County recommended denial citing the critical deer range map. He stated"although the zoning for this property allows parcels to be created at a minimum of 10 acres,the deer range does not allow for parcels below 40 acres,to be created. There is obvious inconsistency between the deer range and the County Zoning Ordinance. I am confident that this will be addressed during the update of the General Plan. It is my greatest hope that I not have to wait for this update to occur. I am requesting that the Department of Fish and Game revisit the boundary of the deer zone that loops into my parcel. I am requesting that because my parcel did not include 40 acres designated to the deer zone in the first place that any portion of the deer zone that is within my parcel does not violate the current Butte County General Plan Policy . � 1 . . / . �r: .., �J�./,.�I l:.. ' `r ' �: i - .• ,. � ��1'. it .. .�,. �� r + r, . 17+.:I:i'I'�+ n�eL� + �'J .�i.i%'is.i'. K�;'.._�a ..'Ir. Y 6.5a which requires the county to regulate development in identified winter deer ranges to facilitate survival of locaNeer herds. I support the efforts of Fish and Game and am a hunter with a hunting license. I have hunted for years and have yet to bag,a deer. I understand the need for such zones: I was lucky enough to obtain a California Antelope, but that is another story altogether. There are small property parcels and.houses on both sides of my parcel. It remains difficult to understand that they would migrate in and out as the map currently shows. Please, Mr. Lomeli consider the readjustment of the current boundary to not fall inside my parcel. This readjustment would,allow me to resubmit Tentative Parcel Map 04-21 to Mr. Breedon for reconsideration and to recommend instead of deny my project. I look forward to hearing from you in the near future. Warm regards, Linda Russell RN Ir Enclosures: Aerial photo of southern section of the parcel (note this property has been logged to my knowledge at least 3 times). Critical Winter Range Topographic map Assessor's map Zoning District Map Copy of letter only to: Dan Breedon Principal Planner Butte County Department of Development Services 7 County Center Drive Oroville; CA 95965 Mr. Tom Wrinkle Sierra West Surveying 55437 Black Olive Drive Paradise, CA 95969 + , a .'✓. 7!. '!: �. .� `.1,'�� .t .. f1:�?� i i Yt .., gt ..��: i 'J��.<,A .:i ',ri;,. f.�. i.. .,. ,.•i: .+;i:. !+. �t Butte CountyDeparlment ofDevelopment Services QTr YVONNE CHRISTOPHER,DIRECTOR o �0 0 0 7 County Center Drive o 0 Oroville,CA 95965 0 o (530)538-7601 Telephone 0 ' 0 (530)538.7785 Facsimile UNt�t ADMINISTRATION*BUILDING*GIS*PLANNING February 26, 2004 Mr. Tom Wrinkle Sierra West Surveying 5437 Black Olive Drive Paradise, CA 95969 RE: Linda Russell Tentative Parcel Map (TPM 04-21) Denial Recommended due to Inconsistency with Winter Deer Range Dear Mr. Wrinkle: The Inter Departmental Review Committee reviewed this proposal for completeness on February 25, 2004. Staff has determined that this project is located within the 40-acre critical deer range as shown by the Department of Fish and Game's deer range maps. Butte County General Plan Policy 6.5.a. requires the County to regulate development in identified winter deer ranges to facilitate survival of local deer herds. Although the zoning for this property allows parcels to be created at a minimum of 10 acres,the deer range does not allow for parcels below 40 acres to be created. Therefore staff would recommend that the Planning Commission deny this Tentative Parcel Map. Please advise this Department what course of action you wish to pursue. If the project is withdrawn, any unused portion of the original deposit will be refunded to the applicant. If you wish to pursue approval with the Planning Commission, additional billing will take place. Project billing is not refundable should the project be denied. The Planning Commission's decision may be appealed to the Board of Supervisors. The County will be reviewing the inconsistency between the deer range and the County Zoning Ordinance during the update of the General Plan, which is taking place at this time. You may wish to follow this process as it relates to this area, but there is no guarantee that a change will take place that would allow for this project. Should you have any questions regarding this letter please c Sinc -eiy ontact me at 538-7628- Dan Breedon Principal Planner cc; Linda Russell c , BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT—June 24, 2004 Applicant: Linda Russell APN: 63-040-057 File#: TPM 04-21 Request: This is an application for a Location: On the west side of Doe Tentative Parcel Map to Mill Road,just south of divide a 38.78-acre parcel the south intersection of into two parcels of 10- Doe Mill Road and acres each and an 18.78- Schott Road east of acre remainder. Forest Ranch Project Dan Breedon Planner: Principal Planner Parcel Size: 38.78 acres Supervisor 3 District: . Attachments: General Plan A: General Plan and Zoning Designation: Agricultural Residential Map B: March 25, 2004 Letter from Department of Fish and Game C. March 5, 2004 Letter from Linda Russell Zoning: TM-10 (Timber Mountain, 10- D. February 26, 2004 Letter acre parcels) from Development Services Department E. Tentative Parcel Map EXECUTIVE SUMMARY: This project is considered inconsistent with the 40-acre minimum parcel size required by the Critical Deer Range maps provided by the Department of Fish and Game. Therefore, staff recommends that the Planning Commission deny this project. ■ Butte County Planning Commission 0 Agenda Report ■ Page 1 ■ PROJECT DESCRIPTION: 1. This is an application for a Tentative Parcel Map to divide a 38.78-acre parcel into two parcels of 10-acres each and an 18.78-acre remainder. 2. Sewage disposal for the future dwelling sites would be handled by on-site septic systems and domestic water would be obtained from individual wells. 3. Proposed parcels would access Schott Road. SITE CHARACTERISTICS: 1. The elevation is approximately 2,400 feet above sea level on Doe Mill Ridge. 2. The project site has a gentle slope to the southwest. 3. Surrounding parcels range in size from 1.7 to 123 acres, with larger parcels predominant. 4. The site is vegetated with scattered oaks, pines and fir trees with associated under-story shrubbery. 5. There are no visible drainage courses or wetlands on the property. ANALYSIS: 1. Staff has determined that the majority of this project is located within the 40-acre critical deer range as shown by the Department of Fish and Game's deer range maps. 2. Butte County General Plan Policy 6.5.a. requires the County to regulate development in identified winter deer ranges to facilitate survival of local deer herds. 3. Although the zoning for this property allows parcels to be created at a minimum of 10 acres, the deer range does not allow for parcels below 40 acres to be created. 4. Therefore, the proposed Tentative Parcel Map is inconsistent with the deer range policy. 5. The applicant wrote to the Department of Fish and Game to explore options that would allow the project to conform to the deer range. 6. The Department of Fish and Game could not support the existing design of the Parcel map or an alternative proposal to create two parcels of approximately 19-acres. 7. Staff is, therefore, recommending denial of the Tentative Parcel Map. CEQA ISSUES: Public Resources Code Section 21080 b. (5) states that CEQA is not applicable to projects that are going to be denied. CEQA findings are, therefore, not required. ■ Butte County Planning Commission 0 Agenda Report 0 Page 2 ■ C ACTION FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Find that the denial of this project is not subject to CEQA pursuant to Public Resources . Code 21080 b. (5) and under Sections 15270(a) and (b) of Title 14, California Code of Regulations, Chapter 3 (Guidelines for Implementation of the California Environmental Quality Act), and that no Fish and Game fee is required. II. Deny the Tentative Parcel Map for Linda Russell (File TPM 04-21), subject to following finding: A. The proposed Tentative Parcel Map is inconsistent with Butte County General Plan Policy 6.5. that requires the County to regulate development in identified winter deer ranges to facilitate survival of local deer herds. This is supported by the California Department of Fish and Game in their letter concerning this project dated March 25, 2004. K:\Planning\PROJECTS\TPM\RUSSELL.04-21\Planning Commision Report-Denial.doc 0 Butte County Planning Commission■ Agenda Report ■ Page 3 0 J/vc Vicinity Map d / O P � a e Forest a Q Ranch o� CO ing Well Rd :c � � N U ' Su Project Location / o rown i TPM 04-21 063-040-057 a� qsIM vlinioiv I tD , v' y y q�+�N o cr t29 tQ `a J j tCT r ` (� -F O 1 cr s � NOli1J � z • r .cso 5 '� I d. C� • � Cif • ` ''S Wi ,{({; �}I*:,� Lw�•' -. � �� r�-iSi..iil� �'�a'+�.1+As�1� �N N....i�w� x .�. -..J i lk In 1• 1 � F t r � F�{ •t' �` © � Pte,` , }` ... f > f 1.0 te BUTTE COUNTY � t 1 < f 11 1 11 11 11 �:11 11 11 '11 :'11 '11 PLANNING / I Applicant: Linda 1 I : 11 Existing Zone: 1 Crimber 1 acre minimum) u- 1 Request: Tentative Y. 1 • 1 divide 4r1 /: into-two parcels1 1 acres and 1 , 1 1 18-78.9.bt- I No: 16 1' 1 1 1, y rMl.r: L Yom'- +r 4i¢�^r.► Y�'.Y1..4tY"w M. .�-M..^M•+I1i.¢1" .lxl�/.TRVIMMr.+l.M'r'�+ti MSO+.s �r r^�"„-r��v..•.,,�,..iYMr�YMws¢er�rl'�.r.r ti t• } ;4)F t: -tit { sl ,_ .a.a Wiz- ,« :?r•a ._xrx 5 _.�"'y,.. t ��:•AT Ink LI � �� ics � � t _ • f k r 1 ♦ d 1 I 1 � t � --1• ,; xt tt s :� •yam• _+a x' n .t •71.yx.� its•,.:7G.'• '- �*.."": r+ - -- •s'C�•x3 "' ;'.�1rs �,� hvtG. ...�w�. .11r.....+. ._ _...n..+w•..+ .w....�.....e...,•�..w.... ..,..«.iw.l.�.'�.}•�- �y__ Ar,.w.,.-;.,.....'-« .a.....�- . ..� .t.';.¢w•..�..�.w.l,,..nw_.=+.►.1+�.s....w�+.. w.+r� �:€�?4 '�� i1wfl.J f3� 'i'l�f�J�•..... �4 , 4 ;btK1E r s + it).i: .►�+r vi 1 3 lI. � r• 'l1 � , ,r.0 1)i-,n''./ `i� t.... t i _t .�)tl �� � 11+1.' -) _..__ ____ __ _— - _ __- .`•lt;(I x+i .-JI 1 f t 1 i G tl:Il.1 "t•1 1, 11r'i / t tl't'I t_ . .,rt P' •r+ {)r i tf:�� •$t. 111.11' i �` i( 1 fir r 1 1'{flys' t .,..-.r...� _.v..v..-...�:_.¢......r.._...�....".....�....".•.o..�.,.....w.w.......+.r�...�.r.w......•a..�..---.t�......s -ti..+�..w.r.,,....r.......+�..�........rw-w..«......,. - r � RANCH � - �0 1 "'PUD ■1� 1 11 1 700 1400 2100 2800 3500 4200 .11 5600 6300 7000 7700 8400 • 11 9811 10500 Feet PLANNINGBUTTE COUNTY Applicant: Linda HearingDate: 1- 11' i • 11 a.m. Existing II 1 (Fimber Mountain, 1 acreu l n n ---divide a4O acre parcel mtotwoparcesof-fO—a—creseac"an Supervisorial Tentative Parcel Map to 1 acre •. AssessorNo: 063-040-057 ' 1' t 1 Ojy _ - —.—. —'fes.._. C� —._ ..•j-�" T` � t \\ e_-`/� , - '+" ell /�' /� - f' fi '\ � _ _ -.� �� -i*:ahem { _♦ '1 iat t -MT bf OS:-MT v. CO wMT OP-MT IR !f , cur � I i .sq 09-IMT y b,9 iornmu? ❑ - - U Wil i N _ •- I 1061 0OX, Ia.8t clow CO .- COOT OU$c'. 00 a ON4 _01U. OOaC C`9S 0113S PD14 OGY 0 OU{ ► � 1 s'� � � . T �i i� j, S `t l i�*,1110'_ Tr o f ,� _. ;;ft;;� .•t�.ttiallp �+'-- � IfJrr:ttsl .%'. sl�ni..1 :in�;•i41gc�l, tftinirtif71ft -QI ranitlfrl^vAfni I'1 Oi-VI :Jio t gntivi i 'l - fol!;ti«:(? -i1 12th"l H4,0 fJ'i'i :',t7 i v?.0-OW-F.00 :nlorj lwnn�i .�.��.......�.....,..,.:�.......,..........w...�...»»..gym....................,..,. _.•.,_.._,....,,..,.,. ..�.....,.,-...�,...,�..�......�,..,..,...,Y,......... } . t I` f777 u ... f 4 f n�� /fit•. . C ri Z � rt f iLLL• _�'...� ' Q rw., �'s E �� �'e f { ! # y i { S p i C 5 iiiLLL t � s G f f ' / - xx ... - € X. ( i i ;i .� r 2 -•. - f� .. j' f I 700 1 700 1400 2100 2800 3500 42004900 :1 1 6300 1 1 1 1 7700 8400 1 1 1 9800 1 1.1 1 FSM BUTTE COUNTY VOA PLANNING / ' 1 Applicant: Linda S. ' 1 I 11 Hearing 1 1- 2004 t /9:00 a.m ExistingZone: 1 (Timber 1 acre 11 11 11 Request: Tentative Parcel1 1 divide 'rl parcelinto two-parcels 1 1 acres each : 11 / 1 AssessorParcelN1 063-040-0571' fiJ rniA J, jU ' C-NtT . i b a-M cr I rTp- elm loo bSi II�itY'p>?�r.�l`at•/ I. � . ' \ �-►. `jt, ., • , .. 4g. 177 77 M ,{. �. h `,'HY l'tw'�c.u. �' L'AIAfM�:Li 1'R►10�IM� .. -TA G fI t- tT U O-MT S-S� 10.0 ;"1dC C -j /ter t fwer�nti. ,,.�yecey �oa�wc-t ir.�i if o'' Y�Tf� % 7'Ir. .t`.R `If �I j'..f D :-i'rr f j Sl .......+r.+..- }/ I 'Tt:' `� I1(Jiftl;tlL'91'JFi 11--ui.Invol! vAmil)1J. t`G r 1ItV.� l'if0}t2i7 ! � ol.l't0:1' `f, f-(}f). rC J;lt. _ :'J1c,(t<',',i i-mi}3 Ull 1 C_ I !Fl. :179t1�►9N /`i i:,1It 4 C?tl �}t i►-��lf) :r,J I�}�r:�i lOr.�'ir.21: 0 June 4, 2004 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 June 24, 2004, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, at 9:00 a.m. regarding the following item. 9:00 a.m. - Linda Russell , Tentative Parcel Map to divide a 38.78-acre parcel into two parcels of 10-acres each and an 18.78-acre remainder on property zoned TM-10 (Timber Mountain— 10 acre parcels). The property is located on the west side of Doe Mill Road, just south of the south intersection of Doe Mill Road and Schott Road, east of Forest Ranch. APN 063-040-057 (DB) (TPM 04-21) If you challenge Tentative Parcel Map 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 Division at, or prior to, the public hearing. For further information regarding this project, please contact Mark Michelena, project planner,at the Butte County Planning Division at (530) 538-7376. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on June 10, 2004 Butte County Department of Development Services PLANNING DIVISION 0�V T rF0 7 County Center Drive o 0 Oroville,CA 95965 0 0 (530)538-7601 Telephone o = _`o (530)538-7785 Facsimile February 9,2004 TO: FROM: Dan Breedon, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Linda S. Russell, Tentative Parcel Map - TPM 04-21 APN: 063-040-057 DATE OF IDR: 2/25/2004 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: February 23, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: March 11, 2004 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter-Departmental Review (IDR) Committee meeting on 2/25/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Tentative Parcel Map to divide a 40-acre parcel into two (2) parcels of 10 acres each and an 18.78-acre parcel PROJECT LOCATION: on the west side of Doe Mill Road, just south of the south intersection of Doe Mill Road and Schott Road, east of Forest Ranch COUNTY SUPERVISOR DISTRICT NO.: 3 ZONING: TM-10 (Timber Mountain, 10-acre parcels) GENERAL PLAN: AR(Agricultural Residential) If a response cannot be submitted prior to the due dates listed above,please call Dan Breedon at (530) 538-7629 or send him an e-mail at Dbreedon@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for June 10, 2004, before the Planning Commission. i IDR COMMITTEE — APPLICATION COMPLETE: ❑ No (Please send response to Dbreedon@buttecounty.net by February 23, 2004 ) ❑ Yes (Conditions/mitigation measures due by March 11, 2004) K:\Planning\Projects\CommentRequestForm.dot "DRAFT"LEAD IN SHEET FILE NO: -T IM Q y—2 AP# APPLICANT: '�y SSc l` L_I n d a., OWNER: j_ j �d REPRESENTATIVE: PROPO ED REQUEST: (tobe filled oN�sout by person taking in application) BRrc-flamae- o cr c1A./76-ec �arc e-\, FINAL REQUEST: (to be filled out by pro' planner) SIZE: LAC) 0c1`c.5 LOCATION: of wk c O SUPERVISORIAL DISTRICT# 3 EXISTING ZONING: GENERAL PLAN DESIGNATION: A!R r i C v�-hv fit) eS i�ebTi I ASSIGNED PLANNER: PLANNER'S INITIAL Lso Date Application Received l I Z B[0 t4 Date Proiect Assigned (OC O2 IDR Date 30 Day Complete ail DV Preset Hearing Date �D KAI'lanningTonnsTead In Sheet.doc C J J COMMENT DISTRIBUTION LIST County Offices and Cities: _Chief Administrative Officer X Develop.Services Director X'Public Works Director X Environmental Health X Assesor X Building Manager Sheriff _BCAG _ALUC X LAFCo _Air Quality Mgmt. _Butte Co.Farm Bureau Biggs _Gridley _Chico _Oroville _Paradise Chico Airport Commission Information Systems Dept. _Animal Control X Agricultural Commission X County Counsel Irrigation District: _Butte Water _Biggs/W.Gridley Water _Durham Irrigation _OWID _Paradise Irrigation _Richvale Irrigation —Table Mountain Irrigation _Thermalito Irrigation _Other Domestic Water _Butte Water District _California Water Service Co. _Del Oro Water Co. _OW ID _Thermalito Irrigation District _Other Sewer _Butte Water District _Themalito Irrigation _Sterling City Sewer Main Skansen Subdivision(CSA 21) _L.O.A.PUD Fire Protection X California Department of Forestry _EI Medio Fire Protection District Recreation Districts _Chico Area Recreation _Durham Area Recreation _Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks Utilities. _PG&E North-Chico _Chambers Cable TV _Pacific Bell —.PG&E South-Oroville Viacom Cable TV State Agencies _CalTrans(Traffic) _Dept..of Water Resources '/.ept.of Fish and Game _Forestry(Attn:Craig Carter) _Dept of Parks and Rec. _Highway Patrol _Central Reg.Water Quality Cont. _Caltrans,Aeronautics Program _Off.of Governmental&Env.Relations _Department of Conservation _Off.of Mining Reclamation Dept.Social Services,Comm.Care Licensing Federal Agencies _US Forest Service _US Bureau of Land Management _US Fish&Wildlife Service Army Corps of Engineers _National Marine Fisheries Sservice Other Districts,Agencies,Committees,etc. _Lime Saddle Dist _Community Association School Districts _Drainage _Butte Env.l Council, _Reclamation _Cal Native Plant Society _Butte Co.Mining Committee _Forest Ranch Community Assoc. _Paradise Pines Com. Assoc. _Butte Ck.Watershed Conservancy _Mosq.Abatement.Oroville/Butte Co K" .\Planning\Forms\DISTR.wpd 4tlWz i • Butte County Department ofDevelopment Services �v T rF YVONNE CHRISTOPHER,DIRECTOR o 0 0 0 7 County Center Drive c - o Oroville,CA 95965 (530)538-7601 Telephone c0101R (530)538-7785 Facsimile ADMINISTRATION*BUILDING*GIS*PLANNING February 9, 2004 Linda S. Russell 31 Dallas Court Chico, CA 95926 Re: Tentative Parcel Map, TPM 04-21, APN 063-040-057 Dear Ms. Russell: In an effort to keep our customers informed, we are notifying all applicants about the current status of their application and assigned Planner. Your project has been assigned to Dan Breedon and he can be reached at 538-7629, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Your project is being reviewed for completeness. Should you have any questions regarding your application,please call the planner listed above. Sincerely, f j`%yiz� Lynn Richardson Planning/Administrative Support Service Assistant Cc: Sierra West Surveying Ilk _�_ • . 1.:.:. 1 _ LAND OF NATURAL WEALTH AND BEAUTY DEPARTMENT OF PUBLIC HEALTH January 20, 2004 DIVISION OF ENVIRONMENTAL HEALTH 202 Mira Loma Drive 411 Main Street 7 County Center Drive Linda Russell oroville,CA 95965 P.O.Box 5364 Oroville,CA 95965 TEL: (530)538.7282 Chico,CA 95927 TEL: (530)538-7281 31 Dallas Ct. FAX: (530)538.2165 TEL: (530)891-2727 FAX: (530)538-7785 Chico, CA 95926 FAX: (530)89 6 CEVVEff RE: Pre-Application for TPM,Doe Mill Road, Forest Ranch, AN 063-040-.057, Linda Russell f ^ Dear Ms. Russell: SIERRA WEST SURVEYING This office has reviewed your application, as indicated above,to split,a 40-acre parcel into three parcels, one of 18+acres and two of 10 acres each. The TPM proposes the use of individual septic systems and individual wells. Oak,pine, and cedar trees and manzanita primarily cover the parcel. The soil is aiken clay loam, assumed to be at least 5 feet deep, with an assumed percolation rate of 41 -60 minutes per inch; most of the parcel has a slope of less than 10 %. These figures result in a required minimum usable sewage disposal area of 27,000 square feet per proposed parcel,per Appendix VII of the Improvement Standards. This requirement is met. There is a well on proposed parcel 3 that was drilled in 1989. Suggested Conditions: 1. Indicate a 50' no-leach area setback from the drainage course(swale) on proposed parcel 3. 2. Indicate a 1001 no-leach area setback from the well on proposed parcel 3. 3. Provide evidence that water in sufficient quantity for domestic purposes is available on parcels 1 and 2. - 4. Indicate the•full-width road easement on proposed parcel 3.' 5. Place a note on the map stating that no leach lines are allo pp �U E easement across proposed parcels 1,2, and 3. JAN 2 8 2004 BUTTE COUNTY PLANNING DIVISION Page 2 ` January 20, 2004 This review should not be construed as a blanket approval of your project since participation in the County Parcel Map process may change the project due to other agency requirements. When you do apply for your map at the Planning Department, the remainder of your fee for Environmental Health services will be $362.50. However,you must have your Pre-Application Review receipt available at the time you make application. This letter concludes this Department's review of your pre-application. If you have any. questions,please contact the Chico office listed above between 8:00 a-m:and 9:00 a.m., Monday through Friday. Sincerely, , -ell &e-m-to Loushine,•R.E.H.S. Division of Environmental Health TUkg/land/preapp/response/DoeMillRussell Cc: / Sierra West Surveying Planning Division Doug Fogel,Environmental Health r T •a ' Order No: 407960 Fee: $100.00 Parcel Map Reference: PARCEL MAP GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, Fidelity a ional Title Insurance Company a corporation, herein called the Company, GUARANTEES The County of BUTTE, City of , within which the land is Iocated,SIERRA WEST SURVEYING herein called the Assured, against loss not exceeding $1,000.00, which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records on the date stated below, 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; and 2. Had said Parcel Map been recorded in the office of the County Recorder of said county, such map would be sufficient for use as a primary reference in legal descriptions of the parcels within its boundaries. Dated: December 8, 2003 Fidelity National Title Insurance Company BY: -tG� uthorized Signature ® U U [ a No. 407960CHI ECE Parcel Map Guarantee JAN 2 8 2004 CLTA Guarantee Form No. 23 Part 1,- January 13, 1978 BUTTE COUNTY PLANNING DIVISION Order No. 407960 The estate or interest in the land hereinafter described or referred to covered by this Guarantee is a Fee. Title to said estate or interest at the date hereof is vested in: Linda Russell, Trustee of the Linda Russell Living Trust, dated January 03, 2001 The land included within the boundaries of the Parcel Map hereinabove referred to in this Guarantee is described as follows: See Exhibit "One" attached hereto and made a part hereof. Parcel Map Guarantee CLTA Guarantee Form No. 23 Part 2 January 13, 1978 Order No. 407960 EXHIBIT "ONE" The Northwest quarter of the Southeast quarter of Section 8, Township 23 North, Range 3 East, M.D.B.&M. EXCEPTING THEREFROM: All that portion as described in that certain Deed executed by E. C. Wilson, et al, to the County of Butte, recorded January 16, 1924, in Book 195 of DEEDS, at Page(s) 177, Butte County Official Records. Assessor's Parcel No: 063-040-057 Parcel Map Guarantee CLTA Guarantee Form No. 23 Part 2 January 13, 1978 Order No. 407960 EXCEPTIONS: 1. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2003-2004, Assessor's Parcel Number 063-040-057. Code Area Number: 062-018 1st Installment: $542.18 not marked paid 2nd Installment: $542.18 not marked paid Land: $102,000.00 Improvements: $0.00 Exemption: $ Personal Property: $ 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. Supplemental bill(s) in process #990-211-701 PLEASE HAVE RE-CHECKED PRIOR TO CLOSE OF ESCROW TO SEE IF A BILL HAS BEEN ISSUED BY CONTACTING THE BUTTE COUNTY TAX COLLECTOR AT (530) 538-7701. 3. Rights of the public as to any portion of the land lying within the area commonly known as Schott-Doe Mill Road. 4. Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) as set forth in the document Recorded: November 30, 1984, Book 3011, Page 563, of Official Records NOTE: Section .12956.1 of the Government Code provides the following: If this document contains any restriction based on race, color, religion,sex familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to subdivision (c) of Section 12956.1 of the Government Code. Parcel Map Guarantee CLTA Guarantee Form No. 23 Part 2 January 13, 1978 Order No. 407960 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Earle P. Osborne, et al Purpose: Well and water line Recorded: April 17, 2000, Instrument No. 2000-0013682, of Official Records 6. Matters contained in that certain document entitled "AGREEMENT" dated None shown, executed by and between David P. Osborne, et al recorded April 17, 2000, Instrument No. 2000-0013684, of Official Records, which document, among other things, contains or provides for: Use and maintenance of existing well and water line. Reference is hereby made to said document for full particulars. 7. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: David M. Wood, et ux Purpose: Ingress and egress and public utilities Recorded: September 15, 2000, Instrument No. 2000-0035658, of Official Records 8. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $68,000.00 Dated: September 12, 2003 Trustor: Linda Russell, Trustees of the Linda Russell Living Trust, dated January 03, 2001 Trustee: Fidelity National Title Company of California, a California Corporation Beneficiary: Tibor Balo Loan No.: Recorded: September 19, 2003, Instrument No. 2003-0065540, of Official Records 9. Any invalidity or defect in the title of the vestees in the event that the trust referred to herein is invalid or fails to grant sufficient powers to the trustee(s) or in the event there is a lack of compliance with the terms and provisions of the trust instrument. If title is to be insured in the trustee(s) of a trust, (or if their act is to be insured), this Company will require a Trust Certification pursuant to California Probate Code Section 18100.5. The Company reserves the right to except .additional items and/or make additional requirements after reviewing said documents. Parcel Map Guarantee CLTA Guarantee Form No. 23 Part 2 January 13, 1978 Order No. 407960 10. This Parcel was created by the following: Book E, Page 361, (Book of Patent). i i Parcel Map Guarantee CLTA Guarantee Form No. 23 Part 2 January 13, 1978 Order No. 407960 GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this Guarantee mean: (a) "land": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records": those records which impart constructive notice of matters relating to said land; (c) "date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) 'mortgage": mortgage, deed of trust, trust deed, or other security instrument. 2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE. The Company assumes no liability for loss or damage by reason of the following: (a) 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. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land expressly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. 3. PROSECUTION OF ACTIONS. (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. I ' Order No. 407960 (b) In all cases where the Company does so institute and prosecute any action or . proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all j reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. NOTICE OF LOSS - LIMITATION OF ACTION. A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder or a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 6. LIMITATION OF LIABILITY - PAYMENT OF LOSS. (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorneys' fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in setting any claim or suit without written consent of the Company. (d) All payments under this Guarantee, except for attorneys' fees as provided for in paragraph 6(b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for indorsement of such payment unless the Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. Order No. 407960 (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. SUBROGATION UPON PAYMENT OR SETTLEMENT. Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. GUARANTEE ENTIRE CONTRACT. Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to National Claims Administration at the Company's General Office at 17911 Von Karman Avenue, Suite 300, Irvine, California, 92714. 10. THE FEE SPECIFIED ON THE FACE OF THIS GUARANTEE IS THE TOTAL FEE FOR TITLE SEARCH AND EXAMINATION AND FOR THIS GUARANTEE. 36t3l 1 632 T.2JN. R.JE. M.D.B.&M. 5 AffrM'444W- 3F�� 333,63-04 2r Iz 5 4 4 3 L 2 148pm272 '100 j l6 2 f 12 21 60 'o.oa#- 100.45AC ---fjf.-,vNQ- ----------- V-12W U 97 99 2 98 it 0815 1 GO l2 10 5rlc 10.00.1c 17 O - ------------------ ---------- f0Ac± 103 400.00Acf 18 I U7 63: 6 Fil 69 39.364c f2AC ZISAC Lis 10.1 119 32 10.2 r15 1 0 .34.98Ac 7 125 426 21 0 17 7 1170A. 2 1 6 207.28Ac 14 15.8 3 1_,~aj 12 7 ----------—----- 11 - --- f i A5A,- f i 1 116 4 Q 16 03 97M T -BONO 23 ze 40.00Ac.+ 9 10 10ACIt:-:= 24 25' l0Acf 07 n,�4-11 33 Q7 10.91AC* 29 40.00Ac:f (30) 10.9 ------- 22 I OAC±L3)�,'J;tj 08 ------- OAc 35 18.65Ac 45 4a I IOAc.± 96 384c 212.. 95 .00AC± F221 7.71Act i 49 37 LJ81ct 401 .Ac. 38 -------------- ---------- 240.00Ac.* JgRS19 8 Y 5544 56852 40.00Ac 40.00Ac± 120.00Ac MRS12 - 13 107 106 12 Ac 4.01 65 OZ61ACA 66 4.9 39 0.10Ac 10.1 IAC 133RS66lav Ar 120.00Ac± 40.00Ac 7 104 32 33 67 W08 SBE 12 w B 9110 13 7 _IK.65Ac 18 17 WULI071 PLACE ROAD RgIM(W 2-4-20W Butte County Assessor's Up 1$EVMM or no CK 21-4--2= Book 63, Page 04 I UTMK 00-01 Rall lWM-ThM pac.r far W* - nw Gula. off" THIS IS NOT A SURVEY THIS IS A COPY OF THE COUNTY ASSESSOR'S PLAT MAP AND IS PROVIDED SOLELY TO AID IN LOCATING THE LAND IN RESPECT TO ROADS AND OTHER PARCELS. FIDELITY NATIONAL TITLE CO. ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE THEREON. Sierra West Surveying Y� 8 5437 Black Olive Drive Memo Paradise, CA 95969 (530) 877-6253 Fax (530) 877-6254 January 28, 2004 s, County of Butte JOB 8451 t 1 PLANNING DEPARTMENT 'APN 063-040-057 7 County Center Drive Tentative Parcel Map for Linda Oroville, California 95965 Russell ** Application Package To Whom It May Concern: Enclosed please find the following: 1. Uniform Application for Tentative Parcel Map 2. Agent Authorization Form 3. Environmental Health Letter 4. Environmental Information Form 5. Application fee of $1,837.50 6. Preliminary Title Report 7. Signed Application Packet Checklist 8. 22 copies of the tentative map If you have any questions, please feel free to contact us. Sincerely, Kay E. Ponley SIERRA WEST SURVEYI 0 D \kem Attachment E N 2 8 2004 C:Off ice\Memos\8451Russe113.mem BUTTE COUNTY PLANNING DIVISION Page 1 of 1 Durling, Carl From: Durling, Carl Sent: Thursday, June 22, 2006 9:24 AM To: Jolliffe, Stacey Cc: Thistlethwaite, Charles Subject: Russell TPM 04-21 Stacey I have just reviewed the Russell TPM 04-21 file.you transferred to me from Dan (TPM to divide a 38.78-acre parcel into two 10-acre parcels with a remainder of 18.78 acres). About one fourth of the east side of the property is within the"Deer Herd, Development Permitted" area, and the remainder westely portion of the parcel is in the"Critical Winter Deer Herd, 40-acre minimum, area." This eastern portion fronts Doll Mill Road. In very rough summary, the 1986 Deer Herd study encouraged development, if it is to occur, along existing roads in deer herd areas. If the applicant would change the application to a flex lot TPM, I believe we could move this forward with restrictions on building location (along Doe Mill Road), and do so with smaller lots (5-acre rather than 10-acre as allowed in the Timber Mountain 10-acre zone, and set aside the remaining 28.78 acres a permanent open space for deer herd protection. Lets discuss when you can. Carl 6/22/2006 Butte County Department of Development Services 0 TrF0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o Oroville, CA 95965 (530) 538-7601 Telephone c�UN'�y (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING.* PLANNING August 5, 2008 Linda S. Russell 31 Dallas Court Chico, CA 95926 Subject: 60-day Notice of Action regarding Tentative Parcel Map TPM 04-21, APN 063-040-057 Dear Ms. Russell: Our records show that, at the regular meeting of the Butte. County Planning Commission.held October 28, 2004, the public hearing for your project was continued off the record to consider your application for a Tentative Parcel Map to divide a 40-acre parcel into two (2) parcels of 10 acres each and an 18.78-acre parcel. The property is located on the west side of Doe Mill Road, just south of the south intersection of Doe Mill Road and Schott Road, east of Forest Ranch. Following the meeting, you were to provide a revised map showing a "no development zone" concerning the deer range. Because the revised map has not been received, anew Initial Study cannot be completed. The project can not move forward without a revised map. The Department of Development Services seeks to process projects in a timely manner to.avoid them persisting in the system for long periods of time without progress towards completion. From the Department's perspective, there are three options that you have on the project: 1. Withdraw the application; 2. Submit a revised map showing the "no development zone" as directed by the Planning Commission; or 3. If we do not receive the information in #1 or #2 from you by October 5, 2008, the project will be moved forward to the Planning Commission for action with a recommendation of denial. Should you have questions, or would like to discuss the matter, please contact me at 538-7150, Monday through Friday between 7:30am and 4:30pm, or email me at cdurling@buttecounty.net. Sincerely, Carl Durling Associate Planner BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT—DECEMBER 11,2008 Applicant Linda Russell Location: On the west side of Doe Mill Road, just south of the south intersection of Doe Mill Road and Schott Road -east of Forest Ranch File#: TPM 04-21 Parcel Size: 38.78±acres Request: This is an application for a Supervisor 3 Tentative Parcel Map to District: divide a 38.78-acre parcel into two parcels of 10-acres each and an 18.78-acre remainder. G.P.: Agricultural Residential Planner: Carl Durling, Associate Planner Zoning: TM-10 (Timber Mountain Attachments: 10-acre minimum) Zone February 10, 1976 A: Resolution, denial Date: without prejudice APN: 063-040-057 B: Planning Commission Report August 26, 2004 C. Planning Commission Minutes D. Continuance Memos E. Applicants request to set project off calendar F. General Plan and Zoning Map G. Letter from Department of Fish and Game ■ Butte County Planning Commission■ Russell TPM 04-21 Agenda Report ■ 1 ■ December 11, 2008■ Page 1 of 6 ■ EXECUTIVE SUMMARY: The project proposes to divide a single parcel of 38.8 acres into two 10-acre parcels and a remainder 18.78 acre parcel. The proposed parcels are consistent with the TM-10 (Timber Mountain 10-acre minimum) zone and conditionally consistent with the Butte County General Plan Agricultural Residential (1 to 40-acre minimum parcel size) land use designation. This project is considered inconsistent with the 40-acre minimum parcel size required by the Critical Deer Range maps provided by the Department of Fish and Game. Access to the property is via Doe Mill Road (private) which is not a County maintained road. Doe Mill Road accesses State Route 32 (SR32) via Schott Road about 1 mile north of Forest Ranch, and 2 miles south of Forest Ranch via Rigsby and Crown Point Roads. The main issue impeding the approval of the project is that the applicant has not pursued submittal of a revised map. At its August 16, 2004, meeting, the Planning Commission moved to continue the project to October 28, 2004, in order to give the applicant time to prepare a new map, depicting development limited to the easterly 400 feet of the property in order to avoid the Deer Herd "No Development Permitted" area. Staff was to prepare an Initial Study/Mitigated Negative Declaration for the project as revised. As of this date the applicant has not provided the revised map. Staff recommends adoption of the attached resolution, denying without prejudice Tentative Parcel Map TPM 04-21 for Linda Russell, subject to the findings contained in Attachment A. This process allows for the Planning Commission to take action while allowing the applicant to re-apply for the parcel map without time restrictions if the applicant produces the required map. PROJECT HISTORY: • The agent and Linda Russell applied for the Tentative Parcel map on January 28, 2004. • The applicant was notified on February 26, 2004, that a staff recommendation of denial would be made-to the Planning Commission. • The project was presented to the Planning Commission on the following dates: o The Agenda Report was presented on June 24, 2004, and continued to August 26, 2004, with the minutes errantly dated August 12, 2004. o On August 26, 2004, the hearing was continued to October 28, 2004, with a motion to give the applicant time to prepare a new map, and staff to prepare an Initial Study/Mitigated Negative Declaration(Page 5 of the August 26, 2004 minutes). o On September 1, 2004, the applicant submitted a letter requesting the Commission "remove this issue from your October 28, 2004, agenda" (see Attachment E). o On October 28, 2004,the hearing was continued off calendar. • The project has remained off calendar since October 28, 2004. ■ Butte County Planning Commission■ Russell TPM 04-21 Agenda Report■ ■ December 11, 2008■ Page 2 of 6 ■ 2 • On August 5, 2008, the county sent a letter to Linda Russell informing that the project would be moved forward to the Planning Commission in 60 days unless the required map is provided. There has been no response from the property owner. ANALYSIS: The central issue is conformance to the Critical Deer Herd Winter Range designation on the property. Approximately 5 acres of the east side of the 38.78 acre parcel (12.8%) is within the Deer Herd Development Permitted area. The remaining 33.78 acres is within the Critical Deer Herd Winter 40-acre minimum range. The applicant proposes the creation of three parcels on an east/west alignment which would leave a portion of the Development Permitted designation on the east end of each parcel. The Commission discussed possibly designating the east 400 feet of the property for development, and the remaining acreage to be designated for "no-development," meaning this portion of the property would be left as "raw land west of the 400 feet" (See page 5 of the August 26, 2004, minutes. The Planning Commission made motion to continue the hearing "open for 60 days to allow for completion of an Initial Study and a revised map, to October 28, 2004" (Page 5). At its October 28, 2004, hearing, the Planning Commission adopted a motion to "continue this hearing off calendar." The applicant has yet to submit a revised map. The project is being brought forward to the Planning Commission with a recommendation of denial without prejudice because the applicant has not submitted a revised map. The proposed project is not consistent with the Critical Deer Herd Winter Range which requires 40-acre minimum parcels. ■ Butte County Planning Commission■ Russell TPM 04-21 Agenda Report ■ ■ December 11, 2008 ■ Page 3 of 6 ■ 3 f t i _ Forest Ranch Russell TPM 04-21 I LOCATION MAP ■ Butte County Planning Commission ■ Russell TPM 04-21 Agenda Report ■ ■ December 11, 2008■ Page 4 of 6 ■ 4 it r , r Forest Ranch Russell j k.•� TPM 04-21 Deer herd 40ac Developme nt Permitted DEER HERD RANGE MAP a Butte County Planning Commission a Russell TPM 04-21 Agenda Report a a December 11, 2008 0 Page 5 of 6 0 5 ----------- T_ R C 1 211 SITE DEVELOPMENT PLAN ■ Butte County Planning Commission■ Russell TPM 04-21 Agenda Report ■ ■ December 11, 2008■ Page 6 of 6 RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION DENYING WITHOUT PREJUDICE TENTATIVE PARCEL MAP 04-21 WHEREAS, the Planning Commission has considered Tentative Parcel Map 04-21 for Linda Russell in accordance with Chapter 20, Subdivisions, of the Butte County Code on Assessor's Parcel Number 063-040-057; and WHEREAS, said map was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on June 24, 2004, August 26, 2004, October 28, 2004, and December 11, 2008; and WHEREAS,the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED,that the Planning Commission: I. Denies without prejudice Tentative Parcel Map 04-21 for Linda Russell, based on the following findings: A. The Planning Commission at its August 26, 2004 meeting determined that the map is not consistent with Deer Herd policy, and directed that an Initial Study be completed based on a revised map B. The applicant has not provided a revised map as requested by the Planning Commission to avoid impacts to Deer Herd resources. C. An Initial Study/Mitigated Negative Declaration has not been completed due to the lack of a revised project description as determined necessary by the Planning Commission. D. The design of the proposed parcel map is likely to cause substantial environmental damage and adversely injure wildlife and its habitat; pursuant to Section 66474 of the California Government Code the legislative body is directed to deny approval of the map. 1. A revised map has not been submitted which would restrict development in the Deer Herd"Critical Winter Range, 40 acre minimum"portion of the property. 2. The current map could result in loss of habitat which provides grazing areas for migratory deer herds. 3. The loss of habitat is avoidable by a redesign of the parcel map. 4. The Department of Fish and Game does not support the proposed map because "approximately 80 percent of(the project)parcel falls within the 40-acre minimum." 7 DULY PASSED AND ADOPTED this I I'h day of December, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Harrel Wilson, Chairman Planning Commission County of Butte, State of California ATTEST: Tina Bonham, Secretary Planning Commission County of Butte, State of California . 8 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT—August 26,2004 Applicant: Linda Russell APN: 063-040-057 File#: TPM 04-21 Request: This is an application for a Location: On the west side of Doe Tentative Parcel Map to Mill Road,just south of divide a 38.78-acre parcel the south intersection of into two parcels of 10- Doe Mill Road and acres each and an 18.78- Schott Road east of acre remainder. Forest Ranch Project Dan Breedon Planner: Principal Planner Parcel Size: 38.78 acres Supervisor 3 District: Attachments: General Plan A: Deer Range Map—Russell Designation: Agricultural Residential Property B: General Plan Policies Zoning: TM-10 (Timber Mountain, 10- acre parcels) EXECUTIVE SUMMARY: On June 24, 2004 the Planning Commission continued this project pending staff review of the General Plan and Deer Herd Maps as discussed at this hearing. This project is considered inconsistent with the 40-acre minimum parcel size required by the Critical Deer Range maps provided by the Department of Fish and Game. Therefore, staff recommends that the Planning Commission deny this project. ❑Butte County Planning Commission o Agenda Report❑ 9 ❑Russell TPM 04-21 ❑ August 26,2004❑ Page 1 PROJECT DESCRIPTION: I. This is an application for a Tentative Parcel Map to divide a 3838-acre parcel into two parcels of 10-acres each and an 18.78-acre remainder. 2. Sewage disposal for the future dwelling sites would be handled by on-site septic systems and domestic water would be obtained from individual wells. 3. Proposed parcels would access Schott Road. SITE CHARACTERISTICS: 1. The elevation is approximately 2,400 feet above sea level on Doe Mill Ridge. 2. The project site has a gentle slope to the southwest. 3. Surrounding parcels range in size from 1.7 to 123 acres,with larger parcels predominant. 4. The site is vegetated with scattered oaks, pines and fir trees with associated under-story shrubbery. 5. There are no visible drainage courses or wetlands on the property. ANALYSIS: 1. The Planning Commission asked for a staff review of General Plan Policies 3.2 — Residential Densities, 3.5 —Flexible lot Size Provisions, 4.1 —Economic Growth, 4.2 — Property Rights, and 6.5 —Biological Habitat. These polices are shown in their entirety under Attachment A. 2. Staff comment is provided below in italics following each policy referenced above: a. Policy 3.2—Residential Densities This policy calls for the correlation of residential density to soil, slope, water availability, sewer service, compatibility of adjacent uses, and traffic carrying capacities of existing and proposed circulation routes. Comments received fi-om the Environmental Health Division and Department of Public Works indicate that the proposal meets these requirements and is therefore consistent with Policy 3.2. 77iis policy does not preempt the necessity to comply with other Policies of the general plan. The proposed, Tentative Parcel Map is inconsistent with Butte County General Plan Policy 6.5. which requires the County to regulate development in identified winter deer ranges to facilitate survival of local deer herds. b. Policy 3.5 —Flexible Lot Size Provisions 77iis policy includes provisions.for the use of flexible lot size developments in the County using variable size lot sizes provided the overall density of the applicable zoning district is not exceeded. The Butte County Code provides for Flexible Lot Size Subdivision under Section24-82. This section requires a specific application for a flexible lot size subdivision. The .subject project was not submitted as a .flexible lot size subdivision. A flexible lot size subdivision would?tot be supported o Butte County Planning Commission o Agenda Report o o Russell TPM 04-21 o August 26, 2004 o Page 2 10 • by staff for this project, due to the 40-acre minimum parcel size deer wintering range restriction. c. Policy 4.1 —Economic Growth This policy supports the use of sites and.facilities to accommodate a variety of economic activities. This policy is implemented through the County's Zoning Ordinance, which in tura provides areas under various zoning districts where a variety of economic activities may take place. This policy does not allow for a variety of economic activities at any given location. Land use activities are restricted under the applicable zoning district. This policy does not preempt the necessity to comply with other Policies of the general plan. The proposed Tentative Parcel Map is inconsistent with Butte County General Plan Policy 6..5, which requires the County to regulate development in identified winter deer ranges to.facilitate survival of local deer herds. d. Policy 4.2 Property Rights This policy calls,for the county to allow, wherever possible, a profitable economic use for each parcel and to maintain surrounding property values. T7ne denial of the proposed parcel map does not remove the profitable or economic use of the property nor does it infringe on propertyrights. The property is permitted to be developed with a single family dwelling and to be used for other uses as permitted, and conditionally permitted, under the applicable TM-10 zoning. T72e zoning does not provide a right to divide the land. The subdivision of land is subject to the discretion of the Planning Commission and Butte County. e. Policy 6.5 —Biological Habitat 777is policy includes statements regarding the value of natural habitat, including deer range, streams and lakes within the County and the need for protection of' these natural resources. The use of'the Department of Fish & Game's deer herd maps are utilized by staff to ensure the fuYllment of this policy with regard to the protection: of local deer herds and their ranges. 3. The Planning Commission requested a map showing the deer wintering range for the subject area. This map is provided as Attachment B. 4. Staff also requested that a representative from the Department of Fish and Game be present at this hearing should the Planning Commission have any questions regarding the deer range. 5. It is Department policy to defer matters of interpretation or requests for alteration of the deer range to the Department of Fish and Game due to their recognized experience and technical knowledge in this area. 6. Staff spoke with Fish and Game biologist,Henry Lomelli concerning this project. 7. Mr. Lomelli reviewed this project again and reconfirmed that the Department of Fish and Game finds the proposal inconsistent the 40-acre minimum parcel size required by the Critical Deer Range maps. 8. Staff recommends that the Planning Commission deny this map based upon the inconsistency with the Critical Deer Range Maps. o Butte County Planning Commission o Agenda Report o o Russell TPM 04-21 o August 26,2004 o Page 3 1 1 9. Staff would like to correct information in the record presented by the Department of Fish and Game and the applicant. The line separating the two deer range areas separates 40 acre deer range from deer range where development is permitted. Both the Department of Fish and Game and the applicant make reference to the line separating 40 acre deer range from 20 acre deer range,which is not correct. 10.The Planning Commission also requested that staff determine whether land was taken from this property by the County. 11. According to the Department of Public Works, the County acquired a 60' of right of way on Jan. 11, 1973 for public road purposes. This acquisition totaled approximately 9110 of an acre of property along the front property line. CEQA ISSUES: Public Resources Code Section 21080 b. (5) states that CEQA is not applicable to projects that are going to be denied. CEQA findings are, therefore, not required. o Butte County Planning Commission o Agenda Report o o Russell TPM 04-21 o August 26,2004 o Page 4 12 ACTION FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Find that the denial of this project is not subject to CEQA pursuant to Public Resources Code 21080 b. (5) and under Sections 15270(a) and (b) of Title 14, California Code of Regulations, Chapter 3 (Guidelines for Implementation of the California Environmental Quality Act), and that no Fish and Game fee is required. 11. Deny the Tentative Parcel Map for Linda Russell (File TPM 04-21); subject to following finding: A. The proposed Tentative Parcel Map is inconsistent with Butte County General Plan Policy 6.5. that requires the County to regulate development in identified winter deer ranges to facilitate survival of local deer herds.. This is supported by the California Department of Fish and Game in their letter concerning this project dated March'25, 2004. K:\Planning\PROTECTS\TPM\RUSSELL.04-21\Planning Commision Report 8.26.04..doc o Butte County Planning Commission o Agenda Report o o Russell TPM 04-21 o August 26,2004 o Page 5 13 y urr Pa.col - Davelo nei " " �j 3.2. Densities The distribution of county population and the needs for public services and facilities is largely determined by the densities of residences in different areas of the County. Density is also important in its effect on the quietness, "elbow room" and overall quality of housing situations. the intensity of residential development is related to a number of factors, including the natural capabilities of property, the availability of public facilities, the value of property and proposed dwelling units, and the developing trend and characteristics of the surrounding area.. Policies 3.2.a. Correlate residential densities to soil, slope and other natural site characteristics. 3.2.b. Correlate residential densities to availability of water and sewage disposal and proximity to other public facilities. 3.2.c.Relate residential densities to intensity and compatibility of adjacent uses. 3.2.d. Balance residential densities with traffic-carrying capacities of existing and proposed circulation plans. 3.5 Flexible Lot Size Provisions The county contains significant agricultural, scenic and environmental resources and hazards that warrant preservation or avoidance, while allowing for development of nearby lands. Flexibility in the application of development standards, will allow for appropriate residential development to occur while preserving these resources to the maximum extent possible. This flexibility in development design is not intended to provide for attainment of higher residential densities than would otherwise be permitted by the General Plan or applicable Zoning district. Policies 3.5..a. Allow residential development to occur based upon either minimum lot size or average density using variable lot sizes, in appropriate residential General Plan land use designations provided that the density of the existing Zoning district is not exceeded. When the use of density averaging results in open space parcels, a binding mechanism shall be provided to permanently assure,to the greatest extent feasible,protection of'the.open space area from future development. Depending upon the needs of the property owner and the environmental sensitivity of the open space lands, acceptable mechanisms for protection can include a conservation easement, development agreement, or the transfer of development credits. 3.5.b. Provide for Flexible Lot Size Provisions in appropriate residential Zoning districts that allow for flexibility in the siting of residential development and the preservation of open space. 3.5.c Allow for the transfer of residential density between parcels within a single development area, including between General Plan land use designations and Zoning districts. Density transfers shall only occur under a development agreement or other acceptable mechanism administered by the County of Butte. 15 Adopted: 10/12/99 by Resolution: 99-145. j 4.1 Economic Growth Economic growth and vitality is based on a strong, stable and diversified economy that provides a wide range of meaningful employment and investment opportunities.Individuals who enter the business sector gain independence for themselves, create jobs for others and help to increase the tax base. Policy 4.1.a. Provide sites and facilities to accommodate a variety of economic activities. 4.2 Property Rights Enhancing the value of private property increases both the potential sales prices and the assessed value,bringing benefits to both the private and public sectors. The American concept of property rights requires the County to allow wherever possible a profitable economic use for each parcel and to maintain surrounding property values. Policy 4.2.a.Maintain economic use and value of private property. 6.5.Biological Habitat The County has a variety of wildlife species dependent on protection of their natural habitat for continual survival. The high mountain areas provide summer range for deer herds; the lower foothills provide winter range.-Marsh areas and vegetation along streams are home for many waterfowl, game birds and other small animals. Lake Oroville and the County's larger streams are highly valuable habitats for trout, salmon,bass and other game fish. Several rare and/or endangered plants and animal species are found within the County. Policies 6.5.a. Regulate development in identified winter deer ranges to facilitate the survival of deer herds. 6.5.b. Prevent development and site clearance other than river bank protection of marshes and significant riparian habitats. 6.5.c. Limit development which would increase sediment loads in prime fishing waters. 6.5.d. Regulate development to facilitate survival of identified rare or endangered plants and animals. 16 BUTTE COUNTY PLANNING COMMISSION MINUTES JUNE 24, 2004 Chairman Leland was absent at this time. I. PLEDGE OF ALLEGIANCE: The'Meeting convened at 9:05a.m. II. ROLL CALL: PRESENT: Commissioners Nelson, Lambert, Marin, Evans, and Chairman Leland ALSO PRESENT: Yvonne Christopher,Director Development Services Stephen Betts, Senior Plaruier Dan Breedon,Principal Plarmer Carl Dur-ling, Associate Planner Doug Fogel,Environmental Health Mark Michelena, Associate Plariner Joe Baker, Planning Manager Felix Wannenmacher, Deputy County Counsel III. ACCEPTANCE OF AGENDA: Commission members and staff may request additions, deletions, or changes in the Agenda order. It was moved by Commissioner Nelson,seconded by Commissioner Lambert,and unanimously carried to accept the agenda. IV. CONSENT Consent items are set for approval in one motion These items are considered non-controversial No presentations will be made,however,some questions may be asked. The Chair will ask if any commissioner or member of the public wishes to pull a consent item for discussion Brief questions may be asked on any item. None V. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA: None V1. PUBLIC HEARINGS: Dean Ishi,et al,Tentative Parcel Map request dividing two parcels totaling 133 acres into four parcels, one at 73 acres and three at 20 acres each,and a request for an exception to the requirements of Butte County Code Section 20-133 to allow more than 20 parcels on a cul- de-sac road. The property is zoned FR-20 (Foothill Recreational—20 acre parcels) and is located on the west side of Round Valley Ranch Road,approximately 1.3 miles southwest of ® BUTTE COUNTY PLANNING COMMISSION ®MINUTES m JUNE"24,2004 v PAGE. 1 ® 17 Mr..Carlson said Ile wants the fence 20 feet off of the existing fence because lie does not want a child to be able to put their arm through his fence and get bit by the dog, He said Mr. McLaughlin and Mr. Wilkerson would like a fence and trees on their side also. Ms. McCullough said she is not comfortable with 20 feet from the existing fence. Vice Chairman Marin discussed the second fence and whether it was really necessary. Mr. Carlson said he wants a second fence put in to protect his property from the children and to protect the children. Chainnan Leland said the dispute is the distance between the two fences and not installing the fence. Mr. Carlson said that is correct. Linda Smith suggested a fast growing hedge that would be thick enough so no one could get through it. Mr. Carlson said redwoods grow fast and he would rather have trees. The hearing was closed. It was moved by Chairman Leland,seconded by Commissioner Evans,and unanimously carried for a Motion of Intent to approve the Use Permit for Marlene Peary and Kathy McCullough addressing the following concerns"there should be a fence 7 feet high along the west boundary, 5 feet in from the existing fence or a different distance agreed by the neighbors,submit a revised floor plan and revised site plan showing the parking that reflects the revised floor plan, prohibit outside activity prior to 7:30 a.m., and require redwood trees along the north, south, and west boundaries of the property, west of the buildings." It was moved by Chainnan Leland,seconded by Commissioner Evans, and unanimously carried to continue this meeting closed to.July 8, 2004. Linda Russell,Tentative Parcel Map to divide a 38.78-acre parcel into two parcels of 10-acres each and an 18.78-acre remainder on property zoned TM-10 (Timber Mountain - 10 acre parcels). Tlie property is located on the west side of Doe Mill Road,just south of the south intersection of Doe Mill Road and Schott Road,east of Forest Ranch.. APN 063-040-057 (DB) (TPM-04-21) Mr. Breedon gave a brief summary of the project. Commissioners Lambert and Nelson both said they received a phone call from the applicant. Chairman Leland asked how available the deer herd maps were. BUITE COUNTY PLANNING COMMISSION MINUTES o.JUNE.24,2004® PAGE 8 ■ 18 Mr. Breedon said all they have to do is come into the office and they will be shown the maps. Commissioner Evans asked when the 10-acre zone was adopted.. Mr. Breedon did not know. Commissioner Evans asked if the Ilex lot provision was discussed with the applicant. Mr. Breedon said "no." The hearing was opened to the public. Doug Smith, Doe Mill Ridge,said lie considered buying the applicant's property and was told the land could not be split so he bought another property. He said the applicant's land is beautiful and he is against this project.. Jeff Eiben said water is hard to obtain in the area. He was concerned if this property was allowed to be divided that there would be a pet cemetery put in. He was also concerned with damage to the aquifer. Mr. Smith said the area has been cleared for the pet cemetery already. He said his well is 300 feet from the cemetery spot. Chairman Leland asked if a pet cemetery would need a.Use Permit and noted that the Commission does not have a Use Permit in front of them today, He noted that the property is not zoned for a pet cemetery and would probably need to be rezoned. Linda Smith said she was concerned with her well. She said her well sits below the easement to her driveway. She said the well also feeds two other-neighbors that she supplies water-to. She said not only is the drainage from the pet cemetery going to filter down into that well,but will also require a lot of water applied to the soil in order to dig. Linda Russell handed the Commission additional information. She indicated that a portion of her land had been taken by the County. She addressed the deer issue. She discussed the history of the property. She went over the handout to the Commission. She said that Fish and Game informed her that the deer herd line was arbitrary. She referenced the letter from Fish and Game dated 3/25/04. She felt this parcel was not deer herd habitat. She said that staff used 6.5 Biological Habitat as the basis for denial,but she can use it as a reason to approve.. She said the TM-10 zone is aconditionally consistent zone.. She said that her land has been timbered three times and there is no water or grass to support deer. Chairman Leland said she is asking the Commission to approve this request in spite of the Department of Fish and Game saying that this is deer habitat area. Ms. Russell said this is not deer habitat area. She thought the Commission could evaluate and do a day to day interpretation on the deer herd issue. She said that regarding a pet cemetery,the Smith's remarks are ill founded on the effects on the water table. The cemetery would enhance and preserve the environment. ®BUTTE COUNTY PLANNING COMMISSION o MINUTES JUNE 24,2004 ■ PAGE 9 e 19 0 Commissioner Lambert said today they are discussing a Tentative Parcel Map,but asked Ms.Russell to explain about the pet cemetery. Ms. Russell explained that it was the same as a human cemetery, plots for pets in perpetuity. She said there are special requirements for a pet cemetery.. Chairman Leland said the Commission is not addressing a pet cemetery today. He said the issue is the deer habitat. He said in a case like this he would defer to Fish and Game. He said he was not willing to go against the Department of Fish and Game. Ms.Russell said the land has been timbered three times. She reiterated that there is no grass or water for deer habitat. Mr. Wannenmacher said he would have to look into the claim that property was taken by the County. Ms.Russell stressed that this is not critical winter deer herd range and that the Fish and Game line was drawn arbitrarily. Mr. Breedon explained that the Flex Lot that Commissioner Evans spoke of earlier would take a different type of application, including pre-application review. He said the applicant is not looking at that option at this time. Commissioner Evans asked the applicant if she would consider-the flex lot process. Ms.Russell said "no" because it would say that she gives credence to the Department of Fish and Game's arbitrary line. She was concerned that the Commission is basing their decision on the word of Fish and Game. She said she is prepared to appeal this hearing if the request is denied. Commissioner Lambert stated that there was a committee and a deer herd study done that helped establish this line and she could not approve this map. Ms. Lambert said that the deer herd line was a negotiated decision and not arbitrary. Ms. Russell believed that she gave the Commission enough information for them to approve this request. Mr. Breedon said lie talked to Fish and Game and they are not changing thein decision Commissioner Lambert said she did not want to promote 10-acre growth in this area. Commissioner Marin said Ms. Russell had a compelling case for an appeal to the Board of Supervisors. Doug Smith said he lives there and the place is full of deer, bears, mountain lions, etc. in the area.. He said deer go through this area every year. Ms. Russell commented on having problems with her neighbors. The hearing was closed. ® BUTTE.COUNTY PLANNING COMMISSION s MINUTES JUNE. 24, 200=4 ■ PAGE 10 a 20 Chairman Leland said he will defer to the decision by Fish and Game. He questioned if'the Commission should ask Fish and Game to review the line for the deer herd habitat. Mr. Breedon said he could do that. Ms. Christopher said staff has had an ongoing discussion with Fish and Game. She did not feel that a letter to Fish and Game would give them any new decision. Commissioner Marin said in his opinion, they would want to get Fish and Game to change their minds He noted that deer do not respect boundary lines. He said this Tentative Parcel Map would not affect the deer going through the property. Chairman Leland said it was a question of having a deer herd plan or making decisions on a parcel by parcel basis. Mr. Wannenmacher said they have to make the best efrort to determine whether Ms. Russell's arguments are valid or not at this level. He said the Commission needs the deer herd map in front of them. Chairman Leland said staff'should explore General Plan Policies 3.2,3.5,4.1,4.2,and 6.5,as stated by the applicant_ He said staff'should find out whether or not there was land taken from this parcel by the County. He did not think that this was an area where the County wanted to encourage housing. It was moved by Commissioner Nelson,seconded by Commissioner Marin,and unanimously carried to continue this hearing open to August 26, 2004. Pat Conroy and M. Donn Marshall, proposed Negative Declaration with mitigation measures regarding environmental impacts,Tentative Subdivision Map to create 7, 1.0+/-acre residential parcels from a 7.98 acre parcel on property zoned SR-1 (Suburban Residential — I acre parcels). The property is located on the northeast comer-of Highway 99 and Keefer Road,north of Chico. APN 047-460-005 (CD) (TSM 04-06) Mr Durling gave a brief summary of the project. Chairman Leland said that the way to satisfy Condition 4(the barn)is to build a residence. He said the applicant can not build a residence until the map is final. He questioned giving the applicant a year after the map is final to build their house. Ms.Clu-istopher said the applicant could come in now and get an Administrative Permit fora second dwelling on the larger parcel and establish a residence in the area of the barn. She said to try to resolve some of the problems that have occurred with past mapping conditions, is by not pushing conditions to be completed in the future, i.e. at building pennits, at final of building permits, etc. ■ BUTTE COUNTY PLANNING COMMISSION s MIMJTES e JUNE 24,2004■ PAGE I i ■ 21 BUTTE COUNTY PLANNING COMMISSION MINUTES AUGUST 26, ?004 I. PLEDGE OF ALLEGIANCE: The Meeting convened at 9:17 a.m. if. ROLL CALL: PRESENT: Commissioners Lambert,Evans,Mai-in and Chairman Leland ABSENT: Commissioner Nelson ALSO PRESENT: Yvonne Christopher, Director Development Set-vices Doug Fogel, Environmental Health .Joe Balser, Planning Manager Dan Breedon, Principal Planner Felix Wannenmacher, Deputy County Counsel III. ACCEPTANCE OF AGENDA: Commission members and staff may request additions, deletions, or changes in the Agenda order It was moved by C:ommissionerL.ambert,seconded by Commissioner Marin,and Unanimously carried to take the Villa D' Oro GPA/RZ.hearing before the Use Permit hearing. I V. CONSENT Consent items are set rot approval in one motion These items arc consi(leic(I non-conlrovetsial No presentations will be made,however.some questions may be asked The Chair will ask if any commissioner or member of the public wishes to pull a crntsenl item lilt diSCLISSlnll Firiel" questions may be asked on any item None V. BUSINESS FRONI THE FLOOR ON ITENIS NOT ALREADY ON THE AGENDA (Ptescntations will be limited to rive minutes The Planning Commission is prohibited by State Law from taking action on any item presented frit is not listed on the Agenda) None \1 1, PUBLIC HEARINGS The Chair will call for staff'conmicnts The hearing till be opened ro the public for proponents.oppuncnts,comments,and rebuttals The hearing will be closed to the public and discussion confined to the Commission The Commission will then make a motion and vote on the item It is requested that public initiated presentations be limited to a maxinnmt oF5 minutes so that all interested parties will have an opportunity to address the Commission Following your presentation,please print your name and address on the speakers sheet so that the record will be accurate The recommendation of County staff is indicated below It is only a tecommendation and has not yet been considered by the Planning Commission Copies of the Staff Report arc available at the Planning Division Office a BU11E COUNTY PLANNING COMMISSiON a AGENDA s AUGUST 26. 2004 it ,PAGE 1 ® 22 0 NIST Chico Ranch Nlining Permit and Reclamation Plan - The project consists of a Ion;-tern-,off channel -ravel ruining operation. The mining would take place on 193-acres of a 235-acre site over a 20 to 30—year period Reclamation wotild occur-iilcremcntally and WOUlil consist o("the creation of. open-water. \wetland Wildlife hal)itat and a'ricultural uses The aggregate.would be processed (washed and screened)on a 40-acre area at the site The project is located on a portion of the M&T Chico Ranch approximately 1.5 miles east of the Sacramento River and approximately 5-miles southwest of the City of Chico, in an area north of and adjacent to Ord Ferry Road, and east of, and partially adjacent to,River Road. Access to the site would be provided by River Road Assessor Parcel Numbers:039-530-019, 039-530-020 (File #MIN 96-03) (DB) Dan Breedon -ave a brief summary He asked that this item be continued to a fixture date Commissioner Lambert asked how far in the future does Ile want to continue this Mr. Wannenmacher suggested this hearing be continued to May 12, 2005. Ms. Christopher said the Commission might want to consider continuing this item off the agenda so the pubic will be re-noticed and kept informed of when this is coming back The hearing was opened Sharon Fritzh said she was concerned with an increase in traffic. and erosion She said this area floods Chairman Leland said Ms Fritzh could look at the Draft Environmental Impact Report for flood information. it was moved by Commissioner Lambert, seconded by Commissioner Evans, and unanimously carried to continue this hearing offthe agenda, and that the item be re-published and re-noticed. Linda Russell, Tentative Parcel Map too divide a 38.78-acre parcel into two parcels of 10- acres each and an l S.78-acre remainder n property zoned TM-10 (Timber Mountain— 10 acre parcels). The property is located on the west side of Doe Mill Road,just south of the south intersection of Doe Mill Road and Schott Road,east ofForest Ranch. APN 063-040- 057 (DB) (TPM 04-21) Uir Breedon gave a brief summary. Fie said General Plan policies 3 2-3.5, 4 1, 4.2, and 6.5 were reviewed Fle said staff is recommending denial. The hearing was opened to the public. Linda Russell said she wants to divide her property. She said she talked to Henry L,ornelli of the Department offish and Game and lie will not change his stand on the Deer Herd regulations for this © BUTTE COUNTY PLANNiNG CONINIISS(ON a MINUTES m AUGUST 1-_' 2004 e PAGE 2 m �� 23 property. She asked for a statement to be approved by the Commission that states "Deer zoning protection of the critical winter range should apply to parcels that are 40 acres and greater and have greater than or equal to 50% of the parcel within the critical winter range boundary." She felt that she met the General Plan policies and should be approved. She said Forest Ranch is growing. Tom Wrinkle,Sierra West Surveying,suggested a compromise that would allow for a designated no- development area in the deer herd winter range identified as such,and would allow for a house to be built on both of the new parcels. He said there would be 34 acres for the development on each parcel and 30 acres of'decr range that .would be designated no-development Mr Baker said they need to know what is meant by no-development. Mr. Wrinkle said it means no dwellings. Mr Baker explained that in a criteria) deer herd area "no-development" means no clearing, no buildings of any hind, etc. Commissioner Lambert asked how they would identify the deer area on the map Mr Wrinkle said lie would provide new maps with a line showing the deer area. Mr. Breedon informed the Commission that several ideas were discussed with Mr.Lonnelli and lie felt Mr. Lomelli would be opposed to Mr. Wrinkle's suggestion. There was a discussion on how the line on the map could be enforced. Mr Wannenmacher said the Commission could]consider a Conservation Easement instead of just a line on the map. Ms. Russell said she is not willing to give up more of her rights. She said she was not willing to compromise. She noted that she has the right to build a house in the deer herd arca now. She pointed to her letter and stated that it-has specific language of*how to deal with the deer herd area. Chairman Leland said if'Ms. Russell was not willing to compromise, lie was inclined to deny this request He explained the edicts and rules the Commission is bound by. Commissioner Lambert asked under the T tUl.-10 zoning and AR General Plan,can Ms. Russell have a pet cemetery or not Mr. Breedon said the zoning does not support a pet cemetery by right or with a Use Permit. IIe said the only use by right is a dwelling and a second dwelling. Ms. Russell stated that she can not afford another continuance Dale Williams, husband, said they,knew there was a critical deer-herd range when they bought the property. He said he does not have a clear definition of'what a no-development area consists of, He stated that this was an arbitrary line drawn by Fish and Game. IIe did not agree with the restriction that he could not clear the land at all. He said there is not a large nnigration ofeaeer through this area o BUTTE COUNTY PL.ANNiNG COMMISSION a NIINUTLS o AUGUST Or, 2004 a PAGE-3 a a� 24 Ms. Russell discussed an article she read regarding zero acres in Siskiyou County. Ash•. Breedon interpreted zero acres to mean no parcels, no division at all allowed. Nis Russell disagreed and felt it meant the opposite She save Ntlr. Breedon a copy ol'the article. Chairman Leland confined comments and discussion to the Commission and staff. Chairman Leland said his inclination was to deny this project because it is inconsistent with the Critical Winter-Deer Habitat, Commissioner Lambert said she would vote for a denial. She said with the compromise,they would need another continuance that the applicant already stated she can not afford. Commissioner Marin asked if the applicant has the right, now, to put up a 6 foot fence around her property and Mr. Breedon said "yes." Commissioner Marin said Ms. Russell has a 10 acre zoning and wants three 10+acre parcels. He felt that a denial was taking away her property rights. There was a discussion on type of fences allowed in the deer area. Mr Breedon said the fences can only be restricted when doing a discretionary permit such as a parcel map, subdivision map, etc. Commissioner Evans said he chaired the Deer Herd Study Panel in 1954. He said the Panel created a ►eport with a lot of discussion on the minimum of 40 acre parcels. Re did not believe the policies have been adopted, but have been applied on a case by case basis lie said he supports this project and is willing to do a Motion of Intent to approve it with staff coming back with fill requirements and he would restrict the development of the sites to the easterly 400 feet. Fit said with that compromise in mind he was ready to make a Motion ofIntent and ask staff to bring forward a full report that included that development restriction,and the typical deer herd mitigation language.He thought the compromise was consistent with how this Commission has reviewed other projects. It was moved by Commissioner Evans,seconded by Commissioner Marin,to pass a Motion of Intent to approve this project finding that the Commission is regulating projects in the deer herd area by imposing a development restriction wherein the easterly 400 feet of the parcels are where the development activities can occur, acknowledging that forest management practices are not considered development. Mr Breedon added that staff has not completed the Initial Study for this project and would advise against approving this project even with a motion of intent Chairman Leland wanted the Commission and staff to give some thought as to how the no- development area would be enforced He said at a minimum this needs to be a deed restriction or a no-development easement if possible. Acis Christopher noted that the applicant stated she was unwilling to compromise. She agreed with Mr. Baker that no-development means no disruption of any kind She said they need to make sure a BUTTE COUNTY PLANNING COMMISSION a MINUTES n AUGUST IT 2004 m PAGE_4 e z� 25 • • that this is what the Commission wants to do because this is the only way to get to an approval,even against the owners wishes,or that she will concur with the motion. She said the initial study is a lot of work for staff and further expense to the applicant. Commissioner Evans was willing to approve the map, but is unwilling to give her free rein on the westerly portion of the parcels, and have staff do the work on the Initial Study and Report. The hearing vas re-opened to the public. Linda Russell said she appreciated Commissioner Marin's comments and your-motion and she is in full agreement with it. She did not want the hearing continued because of the cost,she wanted to be approved today Mr Wannenmacher said the Commission can not approve a project without doing(lie CE.QA review and an initial Study. He told her that the appeal fee to the Board of Supervisors is $50.00. Mr. Breedon said he would need a revised map in order to do the Initial Study Ms Christopher explained the cost and probable cost M.r Breedon said he would contact Fish and Game again For:comments. Doug Smith,neighbor,said lie talked to Lomelli who said this issue was addressed in its entirety. He agreed with staff's recommendation to deny. He said he was going to buy this property and was told he could not split the property. Commissioner Marin asked Mrs. Russell if she understood that no-development means you will have to leave this as raw land west of the 400 feet. Ms. Russell said "yes " Comments were confined to the Commission and staff. Commissioner Evans withdrew the motion. It was moved by Commissioner Evans,seconded by Commissioner Marin,and unanimouslycaried to continue this hearing open for 60 days to allow for completion of an Tnitial Study and a revised map, to October 2S, 2004 Dern ishi,et al,Tentative Parcel Map request dividing two parcels totaling 133 acres into four parcels,one at 73 acres and three at 20 acres each, and a request for an exception to the requirements of Butte County Code Section 20-133 to allow more than 20 parcels on a cul- de-sac road. The property is zoned FR-20 (Foothill Recreational —20 acre parcels) and is located on the west side of Round Valley Ranch Road,approximately 1 .3 miles southwest of the intersection with Clark Road, Paradise APN 055-250-028 and 055-370-037 (MM) (TPM 03- 1) o BUTTL COUNTY PLANNING COtNIM1SSION a MINUTES® AUGUST -.2004 a PAGE 5 v �b 26 BUTTE COUNTY PLANNING COMMISSION MINUTES OCTOBER 28, 2004 1. PLEDGE OF ALLEGIANCE: The Meeting convened at 9:00 a.m. II. ROLL CALL: PRESENT: Commissioners Lambert, Marin, Evans,Nelson, and Chairman Leland ALSO PRESENT: Yvonne Christopher,Director Development Services Stu Edell,Land Development Joe Baker,Planning Manager Stephen Betts, Senior Planner Dan Breedon,Principal Planner Felix Wannenmacher,Deputy County Counsel III. ACCEPTANCE OF AGENDA: Commission members and staff may request additions, deletions,or changes in the Agenda order. It was moved by Commissioner Lambert,seconded by Commissioner Marin,and unanimously carried to accept the agenda adding the discussing of the Parker memo under"Planning Commission Concerns." IV. CONSENT Consent items are set for approval in one motion. These items are considered non-controversial. No presentations will be made,however,some questions may be asked. The Chair will ask if'any commissioner or member of the public wishes to pull a consent item for discussion. Brief questions may be asked on any item. None V. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA (Presentations will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on any item presented if it is not listed on the Agenda) None VI. PUBLIC HEARINGS The Chair will call for stat 'comments The hearing will be opened to the public for proponents,opponents,comments,and rebuttals. The hearing will be closed to the public and discussion confined to the Commission. The Commission will then make a motion and vote on the item. It is requested that public initiated presentations be limited to a maximum of 5 minutes so that all interested parties will have an opportunity to address the Commission. Following your presentation,please print your name and address on the speakers sheet so that the record will be accurate. The recommendation of County staff is indicated below. It is only a recommendation and has not yet been considered by the Planning Commission. Copies of the Staff Report are available at the Planning Division Office ■BUTTE COUNTY PLANNING COMMISSION re MINUTES n OCTOBER 28 r PAGE I e 27 Linda Russell, Tentative Parcel Map to divide a 38.78-acre parcel into two parcels of 10- acres each and an 18.78-acre remainder on property zoned TM-10 (Timber Mountain— 10 acre parcels). The property is located on the west side of Doe Mill Road,just south of the south intersection of Doe Mill Road and Schott Road,east of Forest Ranch. APN 063-040- 057 (DB) (TPM 04-21). Mr.Breedon gave a brief summary of the project stating that the applicant has asked that this hearing be continued off the agenda. The hearing was opened to the public. It was moved by Commissioner Evans, seconded by Commissioner Lambert, and unanimously carried to continue this hearing open off the agenda. Craig and Margaret Fry, (Item not subject to environmental review)Minor Variance to allow a 543 sq.. ft. addition to an existing dwelling to encroach three(3) feet into a fifteen (15) foot rear yard building setback on property zoned R-1 (Residential). The property is Iocated on the northeast side of Concord Court,off of Adrian Drive,at 6435 Concord Court, Magalia. APN 066-140-018 (SB)(MVAR 04-01) Mr. Betts gave a brief summary of the project and showed slides. He went over the findings necessary for the Commission to approve this Minor Variance. He said this item was continued at the request of the applicant. He noted a couple of changes to Page 3 of the Agenda Report,on Item (2) in the second paragraph change"Granting"to"Denial"and on Item(3)second paragraph, add "not" after the first"would." Commissioner Evans pointed out that the same changes made to Page 3 also need to be made to Page 5. He asked staff when the 7 variances in the area occurred. Mr. Betts said the other variances occurred throughout the 1970s and 80s. Commissioner Evans said that there are others in the area that have enjoyed the variance opportunity and some of them have probably been after the property was rezoned from the RT-1,which allowed for a 5-foot setback instead of a 15-foot setback. Mr.Betts said that is correct. He explained the difference between a Variance and a Minor Variance. He said a Minor Variance allows the Planning Commission to reduce the required standard down by 20 per cent. He said the cost is also cheaper with a Minor Variance. The hearing was opened to the public. Mr. Fry said a lot ofthe adjoining properties are larger and have additions to their homes. He said he needs more room because his wife has limited mobility. He said their current dwelling does not meet the family's needs. ®BUTTE COUNTY PLANNING COMMISSION m MINUTES o OCTOBER 28 m PAGE 2 n 28 Butte County DepartmentofDeveloprnent-Services guTTF PLANNING DIVISION 00 00 7 County Center Drive o / 0 Oroville CA 95965 ° -- - 0 t 0 0 (530)538.7601 Telephone (530)538-7785 Facsimile �t'14 ADMINISTRATION " BUILDING *,GIS ' PLANNING June 25, 2004 Linda S. Russell 31 Dallas Court Chico, CA 95926 Re: TPM 04-21, AP: 06.3-040-057 Dear Ms. Russell: At the regular meeting of the Butte County Planning Commission held June 24, 2004, the public hearing was continued to August 26,2004 at 9:00 a.m.to consider your application for a Tentative Parcel Map to divide a 40-acre parcel into two(2)parcels of 10 acres each and an 18.78-acre parcel. The property is located on the west side of'Doe Mill Road,just south of the south intersection ofDoe Mill Road and Schott Road, east of Forest Ranch. 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 Dan Breedon at 538-7629 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Gl Lynn Richardson Planning/Administrative Support Services Assistant 1Ir cc: Sierra West Surveying Bletters\merge Ictters\CONnNUE dot 29 • Butte County Department ofDevelopment Services wT TF PLANNING DIVISION o °o 7 County Center Drive o o Oroville,CA 95965 0 ; o (530)538.7601 Telephone C y (530)538.7785 Facsimile DUN'S ADMINISTRATION ` BUILDING " GIS ` PLANNING October 29, 2004 Linda S. Russell 31 Dallas Court Chico,CA 95926 Re: TPM 04-21, AP: 06.3-040-057 Dear Ms. Russell-. At the regular meeting of the Butte County Planning Commission held October 28,2004,the public hearing was continued off the record to consider your application for a Tentative Parcel Map to divide a 40-acre parcel into two(2)parcels of 10 acres each and an 18.78-acre parcel, The property is located on the west side of Doe Mill Road,just south of the*South intersection of Doe Mill Road and Schott Road, east of Forest Ranch. This meeting will be republished and you will be notified of the date and time. Should you have any questions regarding this matter, please contact Dan Breedon at 538-7629 between 8:00 a.m. and 4:00 p.m.,Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant 1 Ar cc: Sierra West Surveying k.4c1tcrsVmrgc IcttcrslCONi1NUE.dn1 30 . o�uTr�o o o . o 0 o = ._�' = o TO: Honorable Chairman and Planning Commission FROM: Dan Breedon,Principal Planner SUBJECT: Linda Russell Tentative Parcel Map (TPM 04-21) October 28, 2004 Planning Commission Hearing DATE: October 19, 2004 Department of Development Services Planning Division On August 12, 2004 the Planning Commission reviewed this tentative parcel map and instructed staff to prepare a revised Initial Study based upon a revised map to be provided by the applicant. The applicant has not provided the revised map showing a "no development zone" concerning the deer range. Because the revised map has not been received, a new Initial Study cannot be completed. It is the responsibility of the applicant to provide the revised tentative map. Ms. Russell has also provided the attached letter requesting that the project be removed from the October 28, 2004 Planning Commission Agenda. Staff recommends that the Planning Commission continue this project off the agenda until a revised map is provided by the applicant with the required no development zone and the new Initial Study and Negative Declaration is prepared and circulated by staff. 31 Butte County Department ofDevelopment Services UT TF PLANNING DIVISION 0° ° 7 County Center Drive o o Oroville, CA 95965 ° �= ° (530)538.7601 Telephone oC=:`_� yo DUN (530)538.7785 Facsimile 'S ADMINISTRATION " BUILDING ' GIS ' PLANNING Linda.S. Russell 31 Dallas Court Chico, CA 05926 Re: TPM 04-21, AP: 06.3-040-057 Dear Ms.Russell: At the regular meeting of the Butte County Plarming Commission held August 26,2004,the public hearing was continued to October 28,2004 at 9:00 a.m.to consider your application for a Tentative Parcel Map to divide a 40-acre parcel into two(2)parcels of 10 acres each and an 18.78-acre parcel. Tile property is located on the west side of Doe Mill Road,.just south of the south intersection of Doe Mill Road and Schott Road, east of Forest Ranch. 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 Dan Breedon at 538-7629 between 8:00 a.m.-and-4:00 p.m..,Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant Ar cc: Sierra West Surveying I::\Icllcrslmcrge Ieaus\CONTINUE dot 32 September 01, 2004 TBU TE COUNTY Butte County Planning Commission sEp G 3 2004 C/o Butte County Department of Development Services !)r VELOPIMENr Planning Division SERVICES 7 County Center Drive Oroville, CA 95965 Re: TPM 04-21,AP: 063-040-057 Dear Commissioners: I am requesting that the application regarding the Tentative Parcel Map to divide my land on Doe Mill Road in Forest Ranch be suspended at this time_ Please remove this issue from your October 28, 2004 agenda. Respectfully, Linda Russell Cc: Lynn Richardson n ree o 33 N W, / �, ' W E a E 0 m g ,Vivian Ln J GOLD � TM-20 m PUD ^ U) / . o 1N `v Project Location AA2R U TM-10 v o: 3 0 O TM-20 Summer Place Rd 01 11 1 c U I TM-4 [Applicant: UTTE COUNTY PLANNING COMMISSION 0 UTt�0 Linda Russell File/Project:TPM 04-21 0wner:Same APN: 063-040-057 0 �'•. -o earing Date:December 11,2008 Existing General Plan/Zone:Argicultural Residental/TM-1Supervisorial ivide a 38.78-acre parcel into two parcels of 10-acres each and an 18.78-acre remainder. District#I State of California - The " Isources Agency -RNOLD SCHWARZENEGGER, Governor DEPARTMENT OF r-6'H AND GAME y. ' htto://www.dfg.ca.gov ' Sacramento Valley - Central Sierra Region 1701 Nimbus Road, Suite A Rancho Cordova, CA 95670 BUTTE 916/358-2900 rrOUN APRZ �2P fay, s-� March 25, 2004 SERVICES Ms. Linda Russell 31 Dallas Court Chico, CA 95926 Dear Ms. Russell: The Department of Fish and Game (Department) has reviewed your request to subdivide your 38 +/- acre parcel located near Forest Ranch in Butte County. You are correct by pointing out the inconsistency within the Butte County General Plan as it pertains to zoning and deer herd mitigation. Your case is not uncommon in that you purchased land with the intentions of subdividing as allowed in the zoning (TM-10), and only later discovered that the Department has designated the area as deer winter range, which prohibits parcel sizes smaller than 20 acres on general winter range and 40 acres within critical winter range area. The County planners are aware of this agreement, unfortunately and understandably, most landowners are surprised and often upset when they discover this fact, sometimes years after they have purchased the land. The Department has asked that this issue be formally addressed by Butte County so that this problem can be corrected. The designated line separating 20/40-acre parcel size when originally drawn onto County maps was not traced parcel by parcel; therefore, it is very possible that this arbitrary line may cross through a single parcel of land such as yours. The decision as to what parcel size to support when two parcel size restrictions appear on a single parcel does indeed present a problem worth correcting. The Department would like to present for consideration to the County that whichever percentage is greater, that the deer zoning protection criteria should apply. In your case, it appears that approximately 80 percent of your parcel falls within the 40-acre minimum; therefore, we would not support a 20-acre split. You have requested the development of two parcels, each approximately 19 acres. The Department cannot support your parcel split request. Should the County open this question up on a countywide level., the Department would be eager to work at resolving this unfortunate inconsistency, until that time, we have not recommended that these types of a request be granted, and by doing so now, the Department would not be consistent with our previous decisions. As mentioned earlier, the.Department wishes to have this problem resolved. 35 Conserving Carfornia's Wiffl fe Since 1870 Ms. Russell March 26, 2004 Page 2 Should you want to discuss this further, please contact Henry Lomeli, Associate Wildlife Biologist at (530) 892-8470. Sincere Banky E. Curtis Regional Manger cc: Mr. Dan Breedon 7 County Center Dr. Oroville, CA 95965 Mr. Henry Lomeli Department of Fish and Game Sacramento Valley-Central Sierra Region 1701 Nimbus Road, Suite A Rancho Cordova, CA 95670 .36 r7 7j M TI _• __—.._._ _. ._ .,. ,,..+w.•..,w...... .. .w,.•.w,.rn.+ ern... m.....:.w..++�.�.�+...om.,.+rr..m.mn.m..enr.m...M. +,..+-n.�..ar••..,�......,..m:.....o...,.r.�._..""...�( -!';.___.�_ � _ _ y, rrl Tyf I \ Ir) 1771 ni :. m L,, > (rf(ri S ;> ITJ !'.1 C1`'r�t CJ Cl Us jl - l!•�?_i--:I•+_> •, � ' •, i mow - .,.. ..... . .._._. .. ......( ... ._. �' �C C.) 'r-1 ch Z. m P-1 MSCHOTT -ROAD70 co 1 Z- 1'l riJ irJ ...) , L:)-: '�j�71.i f.l7l. .L.r1`::E. �</'�f;:i COR o S o) 0 1-7I i I m I dl 0 rl c: C_ { w , @TJ 1. -Ctnt t✓ v t -•., �1..f.l n-t (' -r} 'F. •ti J �1 � [t I ��r: "..��r•.` � -•�4�;;i\, �br}' rr, ^t ih T f�1 �1 St... . t:a� �l.. as ... :p,♦,�)�.,,�ue�a.:,:n,1 �-C. t v� , lil Li! !_I .".1 I_{� !-rl. '1- '7J C_ I G��p N � y'r <. t ('-' Vii. t7 !-rl �.J rll' �I •�nQ �C .t-- -� {il f..- .+,• ,T.� art t1) !/? ,�,. r;_. i": I �'.C�. l�,. . �♦,� c¢, 71 Z7 •' --r i rte''-t ¢,�'• �4c!. ' ;t �,,. Y l7 VTI 7 i Sent By: BUTTE CO ENVIRONMENTALHEALTH; 530 895 6512; Feb-26-04 5:56PM; Page 112 Page 1 of 1 ENVAONM TAL lar-JA!.'TH D&Li 6kaz FEB a 2�4 __•__�_ From. Thornton,Roneva CHICO,CAL1i;OF1N1A nt Sent: Wednesday,February:18,2004 12:12 PM To: Willis,Don;Bottenfield',Cliff;Breedon,Dan;Christopher,Yvonne:Crawford,Ted;Fogel,Doug: Fowler,Steve;Hill, Rob; Johnston.Mary: Lawrence,Gall;MacKenzie :Robert;Nash,Aubrey;Price, Richard;Reimers,Keri; Schroth,Eric;Severin,Vance;Starrett, Bill:Vleira,Mike;Wannenmacher, Felix Subject:TPM 04-21, Linda S.Russell;pan Breedon,planner To: Members of the Iater-Departmental Review Colnrmittee Subject: TPM 04-21,Linda S.Russell APN: 083-040-057 30-Day Complete: 2/27/2094 Project Planner: Dan Breedon Please respond by: 02/23/2004,regarding completeness of application Date of IDR: 02/25/2004 Do you find this application complete? D I No. What Is needed to�make the application con tete? Yes. Conditions and/or mitigation measures(please respond bi,03/11/2004) Standard Conditions are attached foryour convenience. Please send your response to dbreedon(§buttecounty.net This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps,has been sent to Environmental Health'LAFCo,County Counsel,the Development Services Director,the Assessor's office,the Public Works Director,the Agricultural Commissioner,CDF,and the Building Manager. All Environmental Health correspondence is routed through Aubrey Nash at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electrronitally to the planner,so that preparations can be made for the IDR meeting on 2/25/2004. 2/19/2004 �� _. ,� F � F Sent By: BUTTE CO ENVIRONMENTALHEALTH; 530 895 6512; Feb-26-04 5:56PM; Page 2/2 INTER-DEPARTMENTAL MEMORANDUM BUTTE COUNTY TO: Development Services,Planning Division,Dan Breedon- • FROM: Tom Loushine,R.E.H.S.,Environmental Hcalth SUBJECT: Tentative Parcel Map Conditions,TPM 0421 DATE: February 26..2004 APPLICANT: Unda S.Russell DATE: 1/28/04 AGENT. Sierra West Survcvine APN: 063-040-057 PROJECT DESCRIPTION: Tentative Parcel May 04-21 Items below are conditions of approval.. PLEASE CONTACT THE FMRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS D. LEACHFIELDS 1. Identify on the additional map sheet a 100' leachfield free setback from the existing well on proposed parcel#3. 2. Identify on the additional map sheet a 50' leachfield settsack from the drainage way on parcel #3. E. SEWAGE DISPOSAL AREAS 1. Place a note:on the map stating, "Septic tanks and/or leach lines are not allowed in the water line easement across proposed parcels 1, 3 end 3." 2. Identify the full width of the road easement on proposed parcel#3 and indicate that it is not usable for sewage disposal. F. INDIVIDUAL WATER SUPPLY 1. Provide evidence that the requirod quantities of domestic water are available,or place a statement on the additional map sheet of the Final Map that"There is no evidence that domestic water is available for parcels 1 and 2." TVgi/lend/commentcorVrussellipm 04-21 M v Page 1 of i ENVIRONMENTAL 11!7,10 H COUNTY FEB 18 2004 MAR 0 12004 From: Thornton, Roneva CHICO,CALIFORNIA DEVELOPMENT ESERVICES Sent: Wednesday, February 18, 2004 12:12 PM To: Willis, Don; Bottenfield, Cliff; Breedon, Dan; Christopher, Yvonne; Crawford, Ted; Fogel, Doug; Fowler, Steve; Hill, Rob; Johnston, Mary; Lawrence, Gail; MacKenzie, Robert; Nash,Aubrey; Price, Richard; Reimers, Ken; Schroth, Eric; Severin, Vance; Starrett, Bill;Vieira, Mike; Wannenmacher, Felix Subject: TPM 04-21, Linda S. Russell; Dan Breedon, planner To: Members of the Inter-Departmental Review Committee Subject: TPM 04-21, Linda S. Russell APN: 063-040-057 30-Day Complete: 2/27/2004 Project Planner: Dan Breedon Please respond by: 02/23/2004, regarding completeness of application Date of IDR: 02/25/2004 Do you find this application complete? ❑ 1 No. What is needed to make the application complete? Yes. Conditions and/or mitigation measures (please respond by 03/11/2004) Standard Conditions are attached for your convenience. Please send your response to dbreedon@buttecounty.net This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, LAFCo, County Counsel, the Development Services Director, the Assessor's office,the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Aubrey Nash at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 2/25/2004. 2/18/2004 Nr i 1 ,� �� ., ���� 1 +'� Its. �.•Y� f'� i � � � � � �� I �� I t i u INTER-DEPARTMENTAL MEMORANDUM BUTTE COUNTY TO: Development Services, Planning Division, Dan Breedon FROM: Tom LouslLe, R.E.H.S., Environmental Health SUBJECT: Tentative Parcel Map Conditions, TPM 04-21 DATE: February 26. 2004 APPLICANT: Linda S. Russell DATE: 1/28/04 AGENT: Sierra West Surveying APN: 063-040-057 PROJECT DESCRIPTION: Tentative Parcel Map 04-21 Items below are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS D. LEACHFIELDS 1. Identify on the additional map sheet a 100' leachfield free setback from the existing well on proposed parcel#3. 2. Identify on the additional map sheet a 50' leachfield setback from the drainage way on parcel#3. E. SEWAGE DISPOSAL AREAS 1. Place a note on the map stating, "Septic tanks and/or leach lines are not allowed in the water line easement across proposed parcels 1, 3 and 3." 2. Identify the full width of the road easement on proposed parcel#3 and indicate that it is not usable for sewage disposal. F. INDIVIDUAL WATER SUPPLY 1. Provide evidence that the required quantities of domestic water are available, or place a statement on the additional map sheet of the Final Map that"There is no evidence that domestic water is available for parcels 1 and 2." TUgl/land/commentconhusselltpm 04-21 c COUNTY OF BUTTE FIELD NUMBER OROVILLE, CALIFORNIA PURCHASE ORDER F 09-125 S U P Chico Enterprise Record Issued By P PO Box 9 Department DEVELOPMENT SERVICES L Chico, CA 95927 PLANNING I 016410 E R DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.0.# 11/19/08 NOTICE TO THE PUBLIC 440-001-537 PLEASE FURNISH TWO COPIES OF THE AFFIDAVIT OF PUBLICATION AND TEAR SHEET BUTTE COUNTY PLANNING DIVISION ATTENTION-Tina Bonham 7 COUNTY CENTER DRIVE OROVILLE,CA 95965 To be published in the Oroville MR 11/24/08 TPM 04-21 Russell TOTAL I,the undersigned, hereby certify that,to the best of my knowledge,the services or articles specified above have been performed or delivered or,where authorized, are hereby contracted for and that there'is a Budget Appropriation for the same. F 09-125 Dated: Department Head or Authorized Deputy V0636 SUPPLIER NO. DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV.DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING FOR TPM 04-21 Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on December 11, 2008 at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, at 9:00 a.m. regarding the following item. Project Information Project: Tentative Parcel Map - TPM 04-21 (Applicant: Linda Russell) APN: 079-250-023 Location: On the west side of Doe Mill Road, just south of intersection of Doe Mill Road and Schott Road east of Forest Ranch Project Description: Tentative Parcel Map to divide a 38.78-acre parcel into two parcels of 10- acres each and an 18.78-acre remainder 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 application 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. The Planning Commission packet and reference documents for this project are on file for public review at the Butte County Planning Division, 7 County Center Drive, Oroville, California. All persons are invited to review the documents. Written comments will be accepted by the Planning Division at the above address. For information call or send an email to Carl Durling, (530) 538- 7150 or cdurling@buttecounty.net. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES t s�'`r^. Gb111�iTY, F AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR NO 71 001 RECEIVED FROM DEVELOPMENT SERVICES-PLANNING Diz/iSION BACs#3`16 DATE - r FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 22-04 _ - RECEIPTS: PLANNING APPL FEES GENL l 0010 44001;89 42106160 101001 7,564.00 h Project Dumber Amount of Fee f $ LAND DEVELOPMENT .GENL 0010' 440004 4611700 101001 1,8W.00 Project Number Amount of Fee ENVIRONMENTAL IJLTH GENL . 0010 540 "13 4614901 . 101001 1,949.00 Project,Number Amount of Fee FIRE €'LNG ADPL FEE • FIRE PROTECT`010 ! 4617240 101001 645.00 t ..Project Number Amount'vf Fee=' NODI OE CLERK'S FILING FE GENL 0010 470M1 4612319 101001 324.00 (M) Project Number Amount of Fee -fpm �y- a � 36 -oCD 0 6- L.� rL c"- �cP-1--* rT k' i TOTAL $ 12,202.00 APPROVED BY: RECEIVED BY: AUDITOR-CONTROLLER TREASURER `; Bks �, Gni u�'R �, f•, GOL)N Y-F BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT �- OROVIL•LE, CA ATR NO 71081 RECEIVED FROM DEVELOPMENT SERVICES-PLANNING DIVISION BAG 316 T' DATE FUND FUND DEPT ACCT CAS..H DESCRIPTION : `TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 2-2-04 - RECEIPTS: PLANNING ADPL FEES GENL 0010 440001 4210M 101001 7,564.00 Project Number Amount of Fee • $ LAND DEVELOPMENT .GENL GOW 4404 4611700 901001 4,1w.00 Project Number Amount of Fee ENVIRONMENTAL HLTIH GENL 0010 54003 4614901 . 101001 1,949.00 Prolect,Number Amount of Fee FIRE PLNG APPL FEE FIRE PROTECT' 0100 4617240 101001 645.00 Piv ect Number'' Amoue�f dee- NODP40E CLERK'S FILING FE GENL 0010 4705 1 4612319 101001 324.00 (W) Project Number Amount of Fee 0 os7 00 Lir d a- Xu ,ssell Gpf- 3' 03 9 i TOTAL $ 12,202.00 APPROVED BY: RECEIVED BY: AUDITOR-CONTROLLER TREASURER i By: KN By: ( _ l'�G';LI Bks ►% � � 3� Thursday,January 29,20.04 Development Services PLANNING DIVISION ver. 1.0 Counter i DDS Planning $1,000.00 Person Steve (General Fund) Payment Date 1/29/2004 Public Works $310.00 (Land Development) Receipt Number 394739 Environmental Health $362.50 Received From Linda S. Russell CDF(Fire Department) $129.00 NOD/NOE $36.00 Applicant Linda Russell (Recording Fee) _—_ Aunt Minnie $0.00 Application Number TPM 04-21 $1,500 or$2,000 or In Reference To -- _ -- Planning Review/EIR $0.00 Parcel Number 063-040-057 Check Number/Cash 2850 Fish/Game $0.00 _- -— —- ALUC $0.00 Total Received 1 $1 ,837.50 ! (Airport Land Use) — Non Sufficient $0.00 Total Fees T $1 ,837.50 Funds ($25.00 Fee) _ Cell Tower $0.00 ($2500.00) Public Sales/Copies $0.00 Other: $0.00 t s - LINDA S. 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