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Home My WebLink AboutTPM 08-0001_PLANNING � III YHill N �� SEPARATOR SHEET q,„ 041 0 oao,E.NUMBER�M 0 PROJECT SUMMARY SHEET FILE NO.: TPM08-0001, TENTATIVE PARCEL MAP APN: 042-340-188 ZONING: A-5 (Agricultural, five-acre parcels) GNL PLN:OFC APPLICANT: SHASTAN HOMES PHONE: 5308916727 ADDRESS: Attn: Jay Halbert FAX: 5308921858 CHICO, CA 95928 EMAIL: SHASTANHMS@aol.com OWNER: SHASTAN HOMES LLC, PHONE: 5308916727 ADDRESS: 378 BROOKSIDE DR FAX: 5308921858 CHICO, CA 95928 EMAIL: STASTANHMS@aol.com REPRESENTATIVE: Northstar Engineering PHONE: 5308931600 ADDRESS: 111 Mission Ranch Rd., Ste. 100 FAX: Chico, CA 95926 EMAIL: PROJECT DESCRIPTION: Subdivide an existing 25 acre parcel into 4 parcels; three 5-acre parcels and one 10-acre parcel. Parcels will be served by a private access road. The site is located on the west side of Bay Avenue, 3000 feet north of W. Shasta Avenue, 750 feet west of the City of Chico, in the unincorporated area. LOCATED: 0 BAY AVE TOWN/AREA: CHICO 1. Application accepted: 1/22/2008 Amount: $ Receipt No: 2. Assigned to: Brett Walker 3. Comments sent to: Public Works Director,Environmental Health,Assessor, LAFCo, Agricultural Commission, CDF, City of Chico,ALUC, PG&E and Dept. of Fish&Game 4. Date to Inter-Departmental Review Committee(IDR): 1/25/08 5. Date Status Letter sent to applicant: 6. Date scheduled for IDR: 2/6/08 7. Comments received from: 8. Rezone Petition Signatures Checked: 9. Mailing List/Lead-in Sheet: 10. Environmental Determination: Clearinghouse circulation required: Yes No Date Sent to SCH: State Clearinghouse No. Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish &Game: Environmental Impact Report De Minimis: Gen. Rule Ex.—CEQA# Other 11. Staff Recommends: Approval Denial 12. Notices Mailed: Neg Dec `) Hearing Number of Notices: 13. Newspaper Publication Date: Neg Dec Hearing 0 C P G B 14. Planning Commission Hearing(s): Action taken: 15. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 16. Remanded to Planning Commission: 17. Type approval/denial letter, send to applicant: 18. N.O.E./N.O.D. /APPENDIX G: Fish&Game Fees Paid: Yes No 19. Take file to Public Works: Butte County Department of Development Services BUTTEF uTr TIM SNELLINGS,DIRECTOR PETE CALARCO,ASSISTANT DIRECTOR CONY o 7 County Center Drive o Oroville,CA 95965 JAN 2 2 2008 (530)538-7601 Telephone DEVELOPMENT ° � y- o (530)538-7785 Facsimile SERVICES cOUN'�y PROJECT INFORMATIONPr ject# APPLICANT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: ,Z - 4U Q - ADD SS: -STREET,CITY,STATE,&ZIP CODE TELEPHONE: (530) S�1 - (0-1'Z-1 E-MAIL: FAX: I Act- O,,o\'��nn (530) - 1 W OWNER'S NAME: TELEPHONE: (�5 ) ADDRESS: STREET,CITY,STATE,&ZIP CODE: �� (��►��r�� nuc vE , Gift c� G�. �5�Z8 PROPERTY INFORMATION NAME OF PROPOSED PROJECT(if any) SITE SIZE(in square feet or acres) LOCATION OF PROJECT(major cross streets and address,if any V) .s r te. A_ i -P--z - DN kV>✓1v1-/- Z�j GENERAL PLAN EXISTING LAND USE PRR-O�POSSED LAND USE EXISTING STRUCTURES(square feet) PROPOSED STRUCTURES(square feet) UNDER WILLIAMSON ACT CONTRACT 'Cl-\Z 5 'Tl Ala ❑Yes KNo (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC ® PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION TYPE ❑ADMINISTRATIVE PERMIT ❑TENTATIVE SUBDIVISION MAP ❑LEGAL LOT DETERMINATION TENTATIVE PARCEL MAP ❑USE PERMIT ❑WAIVER OF PARCEL MAP ❑MINOR USE PERMIT ❑CERTIFICATE OF CORRECTION ❑COMMUNICATIONS FACILITY UP/MUP ❑REZONE ❑VARIANCE ❑GENERAL PLAN AMENDMENT ❑MINOR VARIANCE ❑MINING AND RECLAMATION PLAN ❑LOT LINE ADJUSTMENT ❑ DEVELOPMENT AGREEMENT ❑CERTIFICATE OF MERGER ❑OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size arcels. OWNER CERTIFICATION, I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized,execute an affidavit of authorization and i lude thg affidavit with this application.) . N DATE: SIGNATURE: - a . • B UTTE AGENT AUTHORIZATION COUNTY JAN 121008 To Butte County,Department of Development Services: D SSR OpC� NT pet Print Name of Agent Phone Number i G� f J.l 5,5�o� i��i�- P I�y�-�- ►��: rill,C� C� �,�12� Mailing Address is hereby authorized to process this application on my/our property, identified as Butte County Assessors Parcel Number(s) 0 2- 34-D- 1 RA& 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. �� 27 - Print NameWnt N e Signature Signature Print Name Print Name Signature Signature Print Name of Applicant(if other than owner) Signature of Applicant(if other than owner) Print Name of California Civil Engineer/Land Surveyor Phone Number M.LSSi01� � �iC �iitJ b0�` (hal Ca gSg710 Mailing Address Email Address j l� A-ow f i ii i i i �� . i i i .� I I �,I Butte County Department of Development Services V T l TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR 0 Fo 0 0 7 County Center Drive 0 0 Oroville,CA 95965 0 - 0 (530)538-7601 Telephone (530)538-7785 Facsimile JAN ?? ?0e3 PROJECT SETTING DESCRIPTION INSTRUCTIOBJ§ELop�,., R SE �Ci III` " Applicant Name: 1?kt.i(v r�'i(� 'D.k5t:A ) Project Number: �Q M VW-000k Please address the following on a separate sheet of paper: 1. Identify any applicable proposed development schedule, including anticipated, incremental, or phased development and all associate projects. 2. 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. 3. Describe the site as it exists before the project, including information on topography, soil stability, plants,animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. 4. Describe the surrounding properties, including information on plants, animals and any cultural, historical, or scenic aspects: Indicate the type of land use (residential, commercial, etc.), intensity of land use. . (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back,rear yard;etc.). 5. Include any special studies prepared for the project site including, but not limited to traffic, biology, wetlands delineation, archaeology, etc. PROJECT SETTING DESCRIPTION SHASTAN HOMES - BAY AVEUNE co N ry APN 042-340-188 AN 2 2 200 BAY AVENUE DEVELOP CHICO, BUTTE COUNTY, CALIFORNIA SEgyICMENT 1. Identify any applicable proposed development schedule, including anticipated, incremental, or phased development and all associated projects: • The proposal is to create three (5) five acre parcels and one (10) ten acre parcel for residential use. Currently there is no phasing planned for this project, as all parcels will become available for construction at the time map is recorded. 2. 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: • SWPPP as required by RSWQCB, if construction to occur during rainy season. 3. Describe the site as it exists before the project, including information on topography, soil stability, plants, animals, and any cultural, historical, or scenic aspects. Describe an existing structures on the site and the use of the structures: • Currently the parcel is a walnut orchard with mature established trees. The topography is virtually flat and the plant and animal species are all native to the valley floor. There are no structures existing on this parcel. 4. Describe the surrounding properties, including information on plants,. animals, and any cultural, historical, or scenic aspects. Indicate the type of land use, intensity of land use, and scale of development: • Currently all surrounding properties are dedicated to residential use or agricultural use. Many of the surrounding orchard lands have been turned into residential housing ranging from '/z acre parcels to larger estates parcels. 5. Include any special studies prepared fro the project site including, but not limited to traffic, biology, wetlands delineation, archaeology, etc: • Not applicable T TF 03UTTE COUNTY RECFOT Printed: 1/22/2008 O ° 7 County Center Drive 12:16 pm 0 Oroville, CA 95965 o O e O oco o v� Receipt Number: P953 Permit Number: TPM08-0001 Job Address: 0 BAY AVE Applicant: Fee Description Account Number Fee Amount DP Fish/Game-Negative Dec 1001-0-280-1011460 $1,876.75 DPCR Record Fee Notice of Dtrm 0010-470001-4612319-1010 $50.00 ✓ DP Publishing/Legal Notices 0010-440001-4210900-1010 $151.00 DPAG Parcel Map 0010-460001-4612200-1010 $32.50 DPFPP Parcel Map 0100-450001-4617240-1010 $284.50 DPLDFF Parcel Map 00104400044611700-1010 $541.90 DP Parcel Map 0010-440001-4210900-1010 $3,529.70 Total Fees Paid: $69466.35 Date Paid: 1/22/2008 Paid By: SHASTAN HOMES LLC, Pay Method: Check 13535 Received By: AAM Butte County Department of Development Services vTTF TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR BUTTE o o C .� �"XIN // O COUNTY �� 7 County Center Drive o o Oroville,CA 95965 JAN 2 2 2005 0= '®►s o (530)538-7601 Telephone C y (530)538-7785 Facsimile UEVELOPMENT SERVICES APPLICATION PACKET FOR TENTATIVE MAPS Applicant Name: ,�'�(_ '( � Project Number: ( r'"` Project Name: Check One TENTATIVE PARCEL MAP [❑ Check if amending an existing map] Generally,a parcel map shall be required in the case of subdivisions creating fewer than five(5)parcels, four(4)or fewer condominiums as defined in section 783 of the Civil Code,the conversion of a dwelling to a stock cooperative containing four (4) or fewer dwelling units or a community apartment project containing four (4) or fewer parcels.. For detailed information regarding parcel maps, please review Section 20-94 of the Butte County Code(available at http://municipalcodes.lexisnexis.com/codes/butteco�. ❑ WAIVER OF PARCEL MAP Generally,the advisory agency may waive the requirement for a parcel map. If approved,the developer shall instead file a record of survey;except for parcels forty(40)acres or larger when the record of survey may also be waived.For detailed information about waivers for parcel maps,please review Section 20-104 of the Butte County Code(available at http://municipalcodes.lexisnexis.com/codes/butteco/). ❑ TENTATIVE SUBDIVISION MAP [❑ Check if amending an existing map] Generally, a subdivision map shall be required for all subdivisions creating five(5)or more parcels, five (5)or more condominiums as defined in section 783 of the Civil Code,or a community apartment project containing five(5)or more parcels,or the conversion of five(5)or more existing dwelling units to a stock cooperative,as defined in section 11003.2 of the Business and Professions Code.For detailed information regarding subdivision map, please review Section 20-60 of the Butte County Code (available at littp://municipalcodes.lexisnexis.com/codes/buttecon. APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Planner 1. ® Complete a Pre-Application Review with the Environmental Health Division and provide evidence of meeting their requirements for sewage disposal and water supply in one of the following ways: . 1 ❑ A pre-application completion letter from Environmental Health ❑ A Willing and Able to Serve Letter from the appropriate utility district ❑ A completed cooperative agreement for annexation into a utility district � `VJa1l� Applicant Planner BUTTE COUNTY 2. A completed, signed Project Information Form. JAN 2 2 2008 3. ❑ 1� A complete Project Setting Description(instructions attached). DEVELOPMENT SERVICES 4. ® If the application is signed by an agent for the owner,an agent authorization form must be submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 5. A signed agreement for Butte County Archaeological Resources Project Review by the Northeast Information Center(NEIC)accompanied by its required topographic map and a check in the amount of$75.00 made out to"NEIC". Alternatively,you may submit proof of a previous Archaeological Resources Project Review. 6. ❑ Payment of the currently required application fees and/or deposits. Make checks payable to "Butte County Treasurer". Public Fee Schedule is available under "Fees" at: http://www.buttecounly.net/dds/Planning/ Additional fees for publication notices will be required prior to recordation of the final map. Application fees are non-refundable. Applicant's Initials 7. A creation document and a preliminary title report showing current ownership of the parcel(s) to be divided,prepared within 6 months of the application submittal. 8. Have you ever owned or participated in the division of any parcels contiguous to the parcel(s)proposed for division. Yes❑ Nom, 9. Consult the Cortese list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, and determine whether the project is located on or near an identified site. California's hazardous sites are listed and mapped at: http://www.envirostor.dtsc.ca.gov/public/ 10. [E� ❑ A written request for any exceptions to the subdivision standards pursuant to Section 20 of the Butte County Code, if applicable. Butte County Code is available at: http://niun icipa lcodes.lexisnexis.com/codes/butteco/ 1 L ❑ �_� SITE PLAN: Thirty(30)copies of a tentative map showing each of the parcels to be ` created,drawn to standard engineering scale(e.g., 1"=20'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on uniform size sheets no less than 18"X 26",folded to 8'/z"x 11". Include one _copy of the map on an l l"x 17"sheet. In addition,a digital copy of the map and aerial 2 • • BUTTE COUNTY _......------------------ ----..—_... j photographs are encouraged. The detailed map must include: .IAN Z 2 ZQQ --- —....................... -–-........._..._..__._.._._._........................ t2Ei�E[.(�F t4 a. � Name and business address of the applicant, engineer or person who prepf6,'_V_W's in . b. ® Assessor Parcel Number(s); street address (if available); tract name and date(if f applicable); and/or Township Range and Section numbers. C. ® Proposed property lines and lot dimensions, including existing monuments. r d. © A vicinity map indicating the location of the land in relation to the nearest major roads and/or significant topographic features in the surrounding area or region. e. The widths, location and purpose of all existing or proposed easements on-site and g show or describe off-site access easements serving the project and the applicable County Recorder document numbers. f. Dimensioned locations of existing and proposed public and private improvements on the property(including,but not limited to,buildings, driveways,roads, parking areas,wells, septic tanks, sewer lines, leach fields,utilities, storm drainage systems and street lights.) g. Location of all water features including,but not limited to, natural and human-made drainage courses, irrigation canals,ponds,creeks, sloughs; topographic features including,but not limited to,buttes, slopes>.30%,rock out-croppings; and existing vegetation, such as oak trees greater than 5"in diameter and agricultural crops_ h. czi --Distances between any significant naturatand constructed features of the property, such as streets,access roads, streams,rock outcroppings,major tree stands, storm I _ drains,bodies of water,railroads and their relationshi�to the property lines. r1 -. ® ® Location,height, and materials of walls and fences (sections may be required). j. �C Internal circulation pattern, if applicable. k Q ❑��Existing fire hydrants within 1000 feet. ...... ......... ...... ---- - _ -....._.. .......--.............................-............._:.........---.....--................................--.......................---........--..._......_.._._....... _._...__.._._....__.... - -.... 1. M Approximate location of all buildings,wells, septic tanks and leach fields within 100 feet in. ❑ All driveways,drawn to scale,on properties within 100 feet of the site. .._...._.................................-----........._.....__.._.... --.._...-- ..._....-----................................._............................------.........................--- -..__......._..._.__...-........ n. ® ❑ Existing curbs, gutters, sidewalks and road surface widths on-site or on properties _ within 100 feet of the site. — —_._—........ ------._._._.............__..............._...--.......---------------....- --- ------------------ -- ^o• El ❑ Any existing faults or fractures and geologic hazards. P. Elevation contours,at an appropriate vertical scale. q. © ❑ Sufficient information on the map to determine adequacy of the proposed drainage and flood control measures, including but not limited to,proposed easements, _facilities, and drainage patterns. ----- ........--............. r. ® ❑ 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. Label all roads as to whether,public or private. f s• ® ❑ Indicate at least one route from the property to a publicly-maintained road. t• rM Approximate location of all FEMA identified 100-year floodplain areas. U. V� ❑ L Wells and septic tanks to be abandoned shall be shown and identified as "well"or "septic tank"and"to be abandoned". The wells and septic tanks shall be properly____ 3 abandoned under permit issued by the Butte County Division of Environmental Health. _._.._........_.... -........... ....._.... - __. ........ ............g g V. �� Buildin s to be removed will be.identified as "building to be removed". The buildings shall be properly removed or demolished under permit issued by the Butte County BuildingDivision. __. _..... ___---------- W. ___._._W ® Indicate scale and include a north arrow oriented to the top of the sheet. I X. All maps must be clear and legible. Additional information may be required in order to clarify, correct or supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department,or Agriculture Commissioner. Additional fees may be collected for the California Department of Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code(PRC) section 21089(b).Please call the Planning Division of the Department of Development Services at(530) 538- 7601 if you have any questions about these requirements. Signature: Date:9" - pplicant/Representative Signature: \ V A--, Date: Planner Receiving Application K+PlmmmrtPGR1d4:APPLI('ATIOVS:Tent Pnr.ei_Suh Map Wm,cAcc Rats<ad BUTTE COUNTY JAN 2 2 2008 uLVELOPMENT SERVICES 4 J HIV-14-;:Mb WJ;�� ID VHLLt'T' I 1 I Lt 2L tbCKUW ;w. 006-0006616 RECORDING REQUESTED BY flecmded i tEl:FEE 13.aA Official yRecor& i Tial 131 V AND WHEN RECORDED MAIL TO: �8ntte f I Shastan Homes,LLC MOM I MM 1 378 BrooksMde Drive coimtf Clerh-Ilecorderl Chico,CA 95928 i eml3M 40+tb-2116 i Pap i of 3 so"mo V&UM I� IlI!l IIIA A.P.N.:442-340-163-000 Tile No.:D401-2054673(DF) d42- r' }yai V4 GRANT DEED The Undw*nW Qw ox(s)Dedol(s):DOMMEP MY 7RAWM TAX$437300;MY TRMM TAX$040, sURM MOMUMt'.Nr Fix [ x ocnpumo on the c mai wwan or AAI value of property=vr/ d,OR , [ OMPAed on the co4"P.aw or NO value lava value of gem and/or wwnbra=rs *ft at eln,e of gala, J i [ x unh=PMMW area; [] ab of CIAM,and FOR A VALUABLE CONSIDERATION,receipt of whkh IS heeby acknowledged, Nancy Alke Morgans Ferguson,Tmfte of The Nancy FaVuelon Tindal,dated February 17,1998 hereby GRANTS to Shaftn Homak Ur,a Caltfornla Limited Liability Company the fat mIq described property In the UnlncorporaW Area of CJdco,County of Butte,State of California. see attached legal dme, pdon Dated: Nancy Ferguson Trust ,t. 'Naly AMI rgans F ,T ' BUTTE COUNTY SAN 2 21000 DEVvtoPAZ f. SE.R'j7;r" c; i ' q .4i i• M TV Sta�To: SAM@ AS MM J HN-14-2008 &5:2b 2b �ID VHLLEY I 1 I LL E!6UHUW � F'.Wj A.P.N.:042-340.169-000 Grant Deed-continued File No.:0401-20$4679 (0F s STATE OF c.,a►x tr1 0. )SS COUNTY OF ) On before me, ` ' Notary Public,personal appeared s' F: personally known to me (or proved to on the basis of ' evidence)to beoft person(s)whose-name(s)fs/aresubscribed to the within instrument and acknowledged to me that he/she OW executed the same in his/her/their auftraed capadty(les)and that by hWl/ajftr signature(s)on the Instrument the person(s)or the entity upon behalf of which the person(s)ailed,=Kuted the Instrument. WITNESS my hand of0dal seal. D.FOR COr+�mldOn i 1497634 Nolo y ftft-Cog mlo Signa Butte cowry MVComm, Moro= Y i' My Commission Expires' _ Mls are3 for Gfik lIroOW sem/ t.. Notary Name: S / -- Notary Phone:9:10- R93r- &-WV NoteryRegistr an Number: HX?b L-(' County of Principal Place of Businew:!?.itlk r' 4` i9' • BUTTE COUNTY 'r • JAN 2 2 2008 DEVELOpWNT SERVICES s; • :5 �nn Q'K-000 \ J HIV-I4-::�VJMJ tJ i;Zb l ID VHLLtY 1 1 1 Lt 24 LbUKUW F'.VJ4 . IA � PARCEL I: 6 THE SOUTHERLY HALF OF LOT 3, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "FIRST SUBDIVISION OF THE BAY TRACT", WHICH MAP WAS r' RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON FEBRUARY 4, 1893, IN BOOK 1 OF MAPS, AT PAGE(S) 42. ALSO LOT 5 AND THE SOUTHERLY HALF OF LOT 6, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "SECOND SUBDIVISION OF THE BAY TRACT", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON NOVEMBER 25, 1895, IN BOOK 1 OF MAPS, AT PAGE(S) 1$. PARCEL II: BEING A PORTION OF LOT. 6, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "FIRST SUBDIVISION OF THE BAY 'TRACT", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON FEBRUARY 4, 1893, IN BOOK 1 OF MAPS, AT PAGE(S) 420 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 6, SAID POINT ALSO BEING LOCATED AT THE CENTERLINE OF BAY AVENUE AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON SEPTEMBER 7, 1976, IN BOOK 56 OF MAPS, AT PAGE(S) 61 AND 62 IN THE BUTTE COUNTY RECORDER'S OFFICE; THENCE ALONG THE NORTHEASTERLY LINE OF SAID IAT 6 AND SAID CENTERLINE OF BAY AVENUE, SOUTH 37 PEG. 53' 01" EAST, 330.39 FEET TO A POINT LOCATED NORTH 37 DEG. 53` 01" WEST, 330.05 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT 6; THENCE LEAVING SAID NORTHEASTERLY LINE AND SAID CENTERLINE, PARALLEL TO THE. SOUTHEASTERLY LINE OF SAID LOT 6, SOUTH 52 DEG. 15' 54" WEST, 659.92 FEET TO A POINT LOCATED ON THE SOUTHWESTERLY LINE OF SAID LOT 6, SAID POINT BEING LOCATED NORTH 37 DEG. 52' 14" WEST, 330.05 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT 6; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 6, NORTH 37 DEG. 52' 14" WEST, 330.55 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 6; THENCE, ALONG THE NORTHWESTERLY LINE OF SAID LOT 6, NORTH 52 DEG. 16' 44" EAST, 659.84 FEET TO THE POINT OF BEGINNING: PARCELS I AND II ABOVE ARE PURSUANT TO A LOT LINE ADJUSTMENT APPROVED BY THE COUNTY .OF BUTTE, BY DEED RECORDED SERIAL NO.M G 611, AND CANNOT BE SOLD SEPARATELY. S, s BUTTE COUNTY JAN 2 2 2008 { DEVELOp1e , i; SERwer-9 o�, 4 TOTAL P.04 Order Number: 0404-2976094 Page Number: 1 astrit Mid Valley Title & Escrow Company . Affiliated with First American Title Insurance Company BUTTE COUNTY Escrow Officer: Jennifer Mackall (JM) Phone: (530)893-5644 �A� 2 2 Zoo Fax No.: (866)217-5487 DEVELOPMENT E-Mail: jmackall@firstam.com SERVICES Title Officer: Jennifer Mackall Phone: (530)893-5644 Fax No.: (866)217-5487 E-Mail: jmackall@firstam.com Buyer: Shastan Homes Property: Bay Ave Chico, CA 95926 PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance,First American Title Insurance Company(the"Company") hereby reports that it is prepared to issue,or cause to be issued,as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached.Copies of the Policy forms should be read.They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully.The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens,defects,and encumbrances affecting title to the land. This report(and any supplements or amendments hereto)is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance of a policy of title insurance,a Binder or Commitment should be requested. Mid Valley Title&Escrow Company IN 096400 Order Number: 0404-2976094 Page Number: 2 Dated as of January 08, 2008 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: (Not applicable) A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Shastan Homes, LLC, a California Limited Liability Company The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2008-2009, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $6,701.67, PAID Penalty: $0.00 Second Installment: $6,701.67, PAYABLE Penalty: $0.00 Tax Rate Area: 062-008 A. P. No.: 042-340-188-000 3. Supplemental taxes for the year 2005-2006 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $1,917.93, PAID Penalty: $0.00 Second Installment: $1,917.93, PAYABLE Penalty: $0.00 Tax Rate Area: 062-008 A. P. No.: 042-340-188-000 4. Supplemental taxes for the year 2006-2007 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. Mid Valley Title&Escrow Company Order Number: 0404-2976094 Page Number: 3 First Installment: $5,792.20, PAID Penalty: $0.00 Second Installment: $5,792.20, PAYABLE Penalty: $0.00 Tax Rate Area: 062-008 A. P. No.: 042-340-188-000 5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. RE-CHECK SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW. 6. Rights of the public in and to that portion of the land lying within Bay Avenue. 7. An easement for water well with rights of access and incidental purposes in the document recorded January 9, 1987 as Serial No. 87-00953 and 87-00954 of Official Records. Subject to the terms and conditions contained therein. 8. A deed of trust to secure an original indebtedness of$625,000.00 recorded February 8, 2006 as Serial No. 2006-0006617 of Official Records. Dated: January 26, 2006 Trustor: Shastan Homes, LLC, a California Limited Liability Company Trustee: First American Title Company, a California corporation Beneficiary: Nancy Alice Morgans Ferguson,Trustee of The Nancy Ferguson Trust, Dated February 17, 1998 9. Any facts, rights, interests or claims that may exist or arise by reason of matters, if any, disclosed by that certain Record of Survey filed in book 166, page 86, on March 10, 2006 . 10. Any rights, interests, or claims of parties in possession of the land not shown by the public records. KIP/Ig Mid Valley Title&Escrow Company Order Number: 0404-2976094 Page Number: 4 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. No known matters otherwise appropriate to be shown have'been deleted from this report, which is not a policy of title insurance but a report to facilitate the issuance of a policy of title insurance. For purposes of policy issuance, items-0- may be eliminated on the basis of an indemnity agreement or other agreement satisfactory to the Company as insurer. 2. The Vestee herein acquired Title by Document(s) Recorded February 8, 2006, Serial No. 2006- 6616. The map attached, if any, may or may not be a survey of the land depicted hereon. Mid Valley Title& Escrow Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Mid Valley Title&Escrow Company Order Number: 0404-2976094 Page Number: 5 LEGAL DESCRIPTION Real property in the unincorporated area of the County of Butte, State of California, described as follows: PARCEL I: THE SOUTHERLY HALF OF LOT 3, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "FIRST SUBDIVISION OF THE BAY TRACT', WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON FEBRUARY 4, 1893, IN BOOK 1 OF MAPS, AT PAGE(S) 42. ALSO LOT 5 AND THE SOUTHERLY HALF OF LOT 6, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "SECOND SUBDIVISION OF THE BAY TRACT', WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON NOVEMBER 25, 1895, IN BOOK 1 OF MAPS, AT PAGE(S) 18. PARCEL II: BEING A PORTION OF LOT 6, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "FIRST SUBDIVISION OF THE BAY TRACT', WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON FEBRUARY 4, 1893, IN BOOK 1 OF MAPS, AT PAGE(S) 42, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 6, SAID POINT ALSO BEING LOCATED AT THE CENTERLINE OF BAY AVENUE AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON SEPTEMBER 7, 1976, IN BOOK 56 OF MAPS, AT PAGE(S) 61 AND 62 IN THE BUTTE COUNTY RECORDER'S OFFICE; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 6 AND SAID CENTERLINE OF BAY AVENUE, SOUTH 37 DEG. 53' 01" EAST, 330.39 FEET TO A POINT LOCATED NORTH 37 DEG. 53' 01"WEST, 330.05 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT 6;THENCE LEAVING SAID NORTHEASTERLY LINE AND SAID CENTERLINE, PARALLEL TO THE SOUTHEASTERLY LINE OF SAID LOT 6, SOUTH 52 DEG. 15' 54" WEST, 659.92 FEET TO A POINT LOCATED ON THE SOUTHWESTERLY LINE OF SAID LOT 6, SAID POINT BEING LOCATED NORTH 37 DEG. 52' 14" WEST, 330.05 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT 6; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 6, NORTH 37 DEG. 52' 14"WEST, 330.55 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 6; THENCE, ALONG THE NORTHWESTERLY LINE OF SAID LOT 6, NORTH 52 DEG. 16' 44" EAST, 659.84 FEET TO THE POINT OF BEGINNING. PARCELS I AND II ABOVE ARE PURSUANT TO A LOT LINE ADJUSTMENT APPROVED BY THE COUNTY OF BUTTE, BY DEED RECORDED FEBRUARY 8, 2006, SERIAL NO. 2006-0006613, AND CANNOT BE SOLD SEPARATELY. APN: 042-340-188-000 Mid Valley Title&Escrow Company • Order Number: 04042976094 Page Number: 6 NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds.This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local Mid Valley Title&Escrow Company Office for more details. Mid Valley Title&Escrow Company Order Number: 0404-2976094 Page Number: 7 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.Proceedings by a public agency which may result in taxes or assessments,or notice of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c)are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: I. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations) restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable"doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or govemmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant;(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or Mid Valley Title&Escrow Company Order Number: 0404-2976094 Page Number: 8 created subsequent to Date of Policy;or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE This policy does not insure against loss or damage by reason of the matters shown'in parts one and two following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. S. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof,water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 4.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant,(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the.date such insured claimant became an insured hereunder,(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable"doing business"laws of the state in which the land is situated. S.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 6.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 Mid Valley Title&Escrow Company Order Number: 0404-2976094 Page Number: 9 WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations) restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a)whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy);or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable"doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (i)the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (ii)the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (iii)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer,or (b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 8.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 EXCLUSIONS FROM COVERAGE Mid Valley Title&Escrow Company Order Number: 0404-2976094 Page Number: 10 The following matters are expressly excluded from,the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: I. (a)Any law,ordinance or governmental regulation(inducing but not limited to building and zoning laws,ordinances,or regulations) restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part,or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy;or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any daim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (i)the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer;or (b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE 8 This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other fads which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Ads authorizing the issuance thereof;water rights,claims or titre to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 10.AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987 EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This incudes building and zoning ordinances and also laws and regulations concerning: *land use *land division *improvements on the land *environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks, 2. The right to take the land by condemning it,unless: *a notice of exercising the right appears in the public records on the Policy Date *the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: Mid Valley Title&Escrow Company i • Order Number: 0404-2976094 Page Number: 11 *that are created,allowed,or agreed to by you *that are known to you,but not to us,on the Policy Date-unless they appeared In the public records *that result in no loss to you *that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: *to any land outside the area specifically described and referred to in Item 3 of Schedule A,or *in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11.EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE-1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE-1998 Covered Risks 14(Subdivision Law Violation).15(Building Permit).16(Zoning)and 18(Encroachment of boundary walls or fences)are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes ordinances,laws and regulations concerning: a.building b.zoning c.land use d.improvements on the land e.land division f.environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14,15, 16, 17 or 24. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it,unless: a.a notice of exercising the right appears in the Public Records at the Policy Date;or b.the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a.that are created,allowed,or agreed to by You,whether or not they appear in the Public Records; b.that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date; c.that result in no loss to You;or d.that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,8.d,22,23,24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a.to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b.in streets,alleys,or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk it or 18. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: Covered Risk 14,15, 16 and 18,Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 14: 1%of Policy Amount or$5,000.00(whichever is less) $10,000.00 Covered Risk 15: 1%of Policy Amount or$5,000.00(whichever is less) $25,000.00 Covered Risk 16: 1%of Policy Amount or$5,000.00(whichever is less) $25,000.00 Covered Risk 18: 1%of Policy Amount or$2,500.00(whichever is less) $5,000.00 12.SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN Mid Valley Title&Escrow Company Order Number. 04042976094 Page Number: 12 POLICY(10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations) restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the Land;(iii)a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy.This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy.This exclusion does not limit the coverage provided under Covered Risks 12,13,14 and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy,but not exduding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a)created,suffered,assumed or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(this paragraph does not limit the coverage provided under Covered Risks 8,16,18, 19,20,21,22,23,24,25 and 26);or (e)resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage,or claim thereof,which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury,except as provided in Covered Risk 27,or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy.This exclusion does not limit the coverage provided under Covered Risks 7,8(e)and 26. 7. Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy,and all interest charged thereon,over liens,encumbrances and other matters affecting tide,the existence of which are Known to the Insured at: (a)The time of the advance;or (b)The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged,if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure,or any portion thereof to have been constructed before,on or after Date of Policy in accordance with applicable building codes.This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. 13.SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(10/13/01) WITH REGIONAL EXCEPTIONS When the American Land Tide Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in acts authorizing the issuance thereof;water rights,claims or title to water. Mid Valley Title&Escrow Company • • Order Number: 04042976094 Page Number. 13 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 14.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses that arise by reason of: 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to (1)the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,or location of any improvement erected on the Land; (iii)the subdivision of land;or (iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11, 13,or 14);or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors?rights laws,that the transaction creating the lien of the Insured Mortgage,is (a)a fraudulent conveyance or fraudulent transfer,or (b)a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). 15.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-2006 WITH REGIONAL EXCEPTIONS When the American Land Tide Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 14 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. (a)Taxes or assessments that 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)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2. Any facts,rights,interests,or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements,liens or encumbrances,or claims thereof,not shown by the Public Records. 4. Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c)are shown by the Public Records. Mid Valley Title&Escrow Company Order Number: 04042976094 Page Number: 14 16.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to (i)the occupancy,use,or enjoyment of the land; (ii)the character,dimensions,or location of any improvement erected on the land; (iii)the subdivision of land;or (iv)environmental protection;or the effect of any violation of these laws,ordinances, or governmental regulations.This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimant, (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risks 9 and 10);or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors?rights laws,that the transaction vesting the Title as shown in Schedule A,is (a)a fraudulent conveyance or fraudulent transfer;or (b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 17.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 16 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. (a)Taxes or assessments that 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)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2. Any facts,rights,interests,or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements,liens or encumbrances,or claims thereof,not shown by the Public Records. 4. Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof,(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c)are shown by the Public Records. Mid Valley Title&Escrow Company Order Number: 04042976094 Page Number: 15 PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source,such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values,a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us,our affiliated companies,or others; and • Information we receive from a.consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or(2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. ©2001 The First American Corporation •All Rights Reserved Mid Valley Title&Escrow Company PTN.. SEC. 17, R.22N. R. 1 E. M.D.B.&M.' 42-34 •sJ& ills to 7 .95Ac wurvrslaELX 06-57 49PM90 102PM21 53745'00"E 50PM40 IWPM38 71PM50 N3745'OOV 660.52 1.OLUc ell I 115PM9 1.0 a LO7AcJ]j 1 166 155321 187 l „2 ` 105 61 07Ae 84 I 4 I 103 n 1Q8 " 1.02A 185 Oto I� 59 . 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Parcels shown thereon my not . - .. conply with state and local subaMsbn waSnarees. No liability ' Is assured For use of Inform tion shorn an anyy Assessors'nap ALL ACREAGES APPROXIMATE PER REUDED INFIRMAT1D11 01 Butte County Assessor's Mop Book 42, Poge 34 ' CREATED BYOB CREATED ON 10-H-1999 REVISED BY SOT RENSED ON 11-29-2006 EFFECTIVE 2007-08 ROLL BAY TRACT 12, 1 M.O.R. 18, 11-24-.1895 Compiled By The Butte County Assessor's Office BAY.TRACT J1, 1 M.O.R. 42, 2-4-1895 SURVEYOR'S STATEMENT: . O lµlAD Bus MAP COPRECRY*CPA "M A SNPAEY MAD(BY N(OR MNDEa Nv CONFORMANCE"" vROACDT� SU WOWS lir T l pP CES OMALE LAND ♦ NO.PlS 3616 a SVASTAN H ACT Al IM[RCCR.S.K /� SN•STAN HOMES W MARp,lOW. ��CY u°' ��,(� DATED. II•14-04 oaTNSi ENP.v/30/Oe 9,•1.`•A' SAMES 4.NFAPICR PLS 3616 REaEssro� COUNTY SURVEYOR'S STATEMENT. ACC 4M CE I IN S EYANWED 1N� YYI�,• I z ` (�i LAND S RN MTN$Cc7N1N 6]ae TI(PPpEsvONAI S}DT1rIA'E LAND SVaNE m ACT 145,1_DAY 1.]1' KR?9172 �^ 0< MAR<M 0$5 , iQIND 3/. � C•/01i/,h7 LOCATION MAP j NO RECORD //WON HPC + J�-A F•L4/ -- - . NOT TO SCALL / PCE 160W OT7I\ MELL . I _ _ ��. / PIN 0.1 — .0 STUART d caulN / TY RCC a3 DEPUTY COUSURN:YDi !70• 3 1/p1 (N6173'3J'w 0]7)R] L37 ri �'y 7_eL_ BAY ` _ RECORDER'S STATEMENT: 1466341M'0.K =oe)c,mo.ml AVENUE 8qq FILED'T"s AT-I r�i�(�-�'�,- AAY° Di L� 10173e IN R W NAPS.Al PI.C[(S)Hh=L•I_ 1 TfE aE00051 r y, OI NoaMSTAi EBGNCLRiNO. I' BAY � 6YmA D.244�4012U5y .7.q I" aoAAA CANDACC ,NcaINER or— L i DETAL "B• c fAT NAaQY NOT TO SCALL COVNTY 0'BUTTE 3/4.OPEN WON HPL (3/A•TAD6C0 IS 373. I BT PER RI.RA,RS), DEYu,Y DETAIL"A* BASIS OF BEARINGS: NOT TO SCALE UNE TABLE . NE CRECiK1N TANQ INE BASIS OF BEABNCS IDR TITS MAP IS MC 11 SOYTICASITNLY UNC_OF PARCELS 3 AND A AS S,,C) ON 'LEGEND L1 Pa DI SAgw E NOWBEING SEREON 'W pCp)q�MC9[ By pNM[C Te AP 10 NATCON AS FC1N0, TMC BCAPIMG IS FOUND 3/4'OPEN IRON PIPE OR AS NOTED ' O FOUND 1/2.OPEN WON HPE(1/3'•LS 6101 PER R3) NOTES: FIRS MAP OCPCTS ALOT UNC•DAIBTMEN,A$ X FOUND 1 1/2•OPEN 6e0f1 PIPE NO*CORD APPROYTD BY THE BVnt Cd Fr DIRECTOR OI .. p SET 3/P WON PIPE TAOOED LL Dole PVBUC wORKS ON SANUARY 6,2000. . A CALCULATED PONT NOITIM FOUND OR SET )+ ' M INDICATES MEASURED DATA THAT""ICAC WOORD DATA 0 INDICATES CAICAATm DATA INAT.MAYCXS R[OD0 DATA RECORD OF SURVEY A, RECORD DATA FOR MAP sow 0e,PAX of.62 FOR NOM ALL NST 910wM N R[OOIID ARE OR0.MD S37D1.37•E JONES _ ,TA4m flyro o�r'AN.am wsrAD�MumT uouA �� AVENUE NANCY ALICE MORGANS FERGUSON AND CSTANCLS TA OSY997]6 SHASTAN HOMES, LLC, A CALIFORNIA LIMITED 0 37 PER HON HPE ' R3 RE0o11D DATA POI MAP BOON tOL PAGE 1a l3 J167 MDI R]AT ' R3 RECORD DATA PER MAP DOCI.IDL PAGE M es WUMILY GOWXA DP lO.N' WON HP[ LIABILITY COMPANY sOUT ew f OILs 33"s RI RECORD DATA PER MAP ODD(IIS,PAG;9,IS LOT a Plot"� (S S I NO RECORD BEING LOT 6 AND A PORTION OF LOT 3 Rs MORE DATA PER NIP DOCK lit.PARE 66-71 � OF THE *FIRST SUBDIVISION OF THE BAY ' "C' Re. RECORD DATA PER MAP SOON=..PAGE ISO'' DETAIL nor TD=LE TRACT", BOOK 1 OF MAPS AT PAGE 42, NOR`ALL DbTANCLS SIHOM/1 AS RECORS.AAE GR0.6HC . .1 r 1Da°r°1oov�i (SRAD CNSTANMY MULmr aRoulo AND BEING LOT S AND'A PORTION OF # N7 Nrcm DATA PER MANDOCK 4%PAM NO LOT 8 OF THE "SECOND SUBDIVISION OF THE i OF MAPS T RD R[CGRD DATA Pp MAP TIM I,PAcc 42 AGE iS, SITUATED N SECTION 16, DG RECORD DATA PER 11AP SOCK I.PAM 16 TOWNSHIP 22 NORTH, RANGE 1 EAST, RID RECORD DATA PER ew11a NUUM 200e_oo°ee13 MOUNT DIABLO MERIDIAN R11 RECORD DATA-PER SAL Nw°EA 3ODD-MM616 COUNTY OF BUTTE — STATE OF CALIFORNIA ( )'DMUM RECORD DATA lift CALCLRATED AND/00. +` }p 6� W SMMC DATA THAT MATCHES RECORD DATA NOIE.lI IS\GI �6•'�•'P'E16•RP'KYD'S • M lipMATOP OPMT•CIM W pquPA I31T3 ENGINEERING 6 D1.131.a6 /A,I6]6)6P3>13 N 042-34.0-1" 164 APR N est Ronk tr,, PAGE 86 LOT 5 ' LOT 4 SEE DETAIL \ P pRCEI PER Re I CEL 2 1 LOT 8 • ]73A FCR Re' "A" / (R (S3?W'0'E)CXO.R11 17,57.11' Piltz / PER Re PER R3) 5[C SH6T� I /FOUND (S3T VDI-E)C.Rr.R3RAR"7 (RAl / I \ FOUND]/1' . (e,5aODpe 1 a / `/1 3/{•OPEN (N3r,3vRe FOUND 3/4•MON RPE I / / FppE w°pv�10vw�` . (330 SIT 1r IR (WM44'p1A1.RMe.RT I�;1' (AW.13')LLR4 RCE 240,pati I 030.007-Al/ I 3ACIV �RC[Iw03 PPner BAY AVENUE I 3aoa '¢(ilasa)MA3 I �,�gLT— I =�(3Jp.35�C,Rlann — 33aw'K.R,oml - 33D.2Y AL�u30v`r0 rncv R, 5 ___ _ _ __ .. _S— L— ——__ — _—— _. uN[T.BIE (e6a44')C.R1,R1 HE I DIRECTION 03TANCE T NOR1MtRLY CORMOt p / \ / (000.00')Re L1 30.00 M \ EASTWLT CORNEA LOT 3 PER R0 FOUND a LOT a PER Re \ 12 30.00 R. 3/1•DPW IRON.RPC /600.,5Y (3/1'TAOCED 3)3131 NORTNRLY COMER Of SEE DETAIL PER RIRYE4R3) (3x00') LOT•PER R0.FDNID IIR3 ]/A•OPEN IRON RPE I "B• . (]/1•TAC®LS 373A . PER SIM IAAN) SEE WES 1 OF t IST SUBDIVISION OF BAY TRACT I LEGEND a LOTb gF SCALE:.t•-)OD' • rOtMD W 3/1'DPIRON r,PE OR A3 NOTED J } Ia PER Re }, O FOUND 1/2'WCH RDH RPE(1/]'LS D1pt PER R3) I& bf X FOUND,11/2'OP[H ROM RPE ND RECORD SOUTH 1/2 LOT 3 IE PARCEL "A" 0 SET i/1•IRON PRE IACCED u$010 CL PER Reg ° J a00 AOR,4 LOT 7 CAICIMRO POINT HONING FOUND OR SEI I" q PER RO M POCArES MUSURED DATA THAT MATCHES RECORD DATA C RDICATES CALCU TED DATA MAT MATCHES RECORD DATA Sid I$d n � R, RECOALI.RD TO OBIT SH001Nk�•RECORD ARE LY MC „ pSTAHCCS TO OBTAIN PAID DISTANCES WLOPLT GROUND DIS,ANCFS BY MOP 9734 ^ I V v PARCEL "B" R2 RECORD DATA PER MAP BOOS IOL PAC[b ISN. 2006-0006616 R3 RECORD DATA PER MAP BOOII,Da PAR e.,m . J .20.02 ACRES SOUTHERLY I' COKER OF Ra RECORD DATA Plat t MAP go1t0.PAGEP.Io 00 LOST 8PPERRRe LOT a PQR RO`\ Re RECORD DATA PER MAP BOOk 110.PAC[00-71 11 _b 33aa C•RIOtnI N37EW Y1P3TO.OS RIO RII ` ——— �••11f L RO RECORD DATA PER MAP 0-133,PACE ARE gg OTA•ALL OITO ORTS SMORH AS RECORD ARC ORWND d' A M37]2.0'W ,500.30'Rl DISTA„CES. TO OBTAM MID oISTAMQ3 MVLiRLT aRWNO Do L I M3r1VW 060.007%RO DISTANCES By D.00Po]31 (N3792',1'W)OR'"'I e0ned R7 RECORD DATA PER MAP 90M 10•PARS OO N I _ Re RECORD DATA PER MAP 800(1•PACE 12 O I N3rIH'0,5'W RP RECORD DATA PER MAP BOD(1,PACE,e are' i�No RECORD RIO RECORD DATA PER SERIAL HVMBCi tow-000,50,3 p 2ND SUBDIVISION OF BAY TRACT RII RECORD DATA PER SW�L NWB[R law-OCOU16 A ( ) CIADRACC3 RECORD 7CALClAATCV AND/0- MEASURED DATA MATTNCS MATR000ROO DATA la RECORD OF SURVEY LOT 4 FOR CL CL SOUTH 1/2 I 8 `� P� Rp NANCY ALICE MORGANS FERGUSON AND LOT 6LOT 5 PER AR I� PER Rp SHASTAN HOMES,.LLC, A CALIFORNIA LIMITED I� sN 2000-oowels LIABILITY COMPANY N./7•AA'0e'W BEING LOT 6 AND A PORTION OF LOT 3 7d OF THE "FIRST SUBDIVISION OF THE BAY I' rRFa D 3/.• TRACT", BOOK 1 OF MAPS AT PAGE 42, Ls 25111 AND BEING LOT 5 AND A PORTON OF NO RECORD FWNO 3! EM •OP RCH III PER AM p/ LOT 6 OF THE "SECOND SUBDIVISION OF g (3/A'nTox PIK O% I FW m 3 A ?ADDED u 37N THE BAY TRACT" BOOK 1 OF MAPS AT <PPI.o29utauTm FRw a1 $ '` RaY PRE PER RI,RLR3) ? PAGE 18, SITUATED IN SECTION 16, \RDE 1410 LPm R0 2ovex+ TOWNSHIP 22 NORTH, RANGE 1 EAST, "MO1 ____s eaoo2R_ / (30,00) tlnnawylRe 0 MOUNT DIABLO MERIDIAN • - T3363fKAlpMi[t111i0Y P, ew7s, -----S Y^caRN'HR- C R0� JONES ——— X -Elr- -EL— Ill— —— COUNTY OF BUTTE - STATE OF CALIFORNIA PARCEL 12 PARCEL 1.3. SEE DETAIL—~I i (CRI>. („� Re AVENUE . FOUINo 3/.•RMDla DgNtD•f•RAwWIs•NiM+aa PVE L3.bq PP R3 PER RP I• PFA RM, •C• I / (OeaOD')RP NorthStar .. AT ITSIERLY oa/a2tR 41751'27'[ 3w7.3A p�y� �We 1 i PARCEL 14 Yr to atau.ila oe.E•o«a DAwawA Fn,3 OF EDIT 0 PER or RE I �W3 a 2 E3006.0p'ptr 1 OF 2 LS 731p T I, ENGINEERING <�2 sA7..,.DP FN EAw2..>-l1u (M3rw itw NO REOpiD �J POI R9 01-310-10 1 W3 QA v Butte County tWartment of Developmene �uTt� Services 00 00 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR 0 0 o =_.,:_ o 7 County Center Drive �� Oroville, CA 95965 IV IN (530) 538-7601 Telephone (530)538-7785 Facsimile January 25,2008 - To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: SHASTAN HOMES,TPM08-0001 Planner: Brett Walker APN: 042-340-188 Location: Subdivide an existing 25 acre parcel into 4 parcels; three 5-acre parcels and one 10-acre parcel.Parcels will be served,by a private access road.The site is located on the west side of Bay Avenue,3000 feet north of W. Shasta Avenue, 750 feet west of the City of Chico,in the unincorporated area. 30-Day Complete 2/22/2008 Date of IDR 2/6/2008 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, Agricultural Commission, Public Works, Assessor, City of Chico, ALUC, PG&E, Dept. of Fish & Game and CDF. All Environmental Health correspondence is routed through Karen Frederick 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 2/6/2008. Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting, regarding completeness of application. What is needed to make the application complete? ❑ YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. PLEASE SEND YOUR RESPONSE TO: bwalker@buttecoun. .net Signature: Department: Date: K:/Planning/Projects/A New File_/1DR Memos/IDR Completeness 8/30/05 Northeast, Center of the BUTTE California State University, Chico GLENN SIERRA Building 25, Suite 204 California Historical. LASSEN SISKIYOU Chico California 95929-0377 MODOC SUTTER Resources PLUMAS TEHAMA Phone (530) 898-6256 Information. System, SHASTA TRINITY Fax (530) 898-4413 neinfocntr@csuchico.edu Request for Proiect Review Project Reference Number: TPM08-0001 6py Project Title/Applicant Name: SHASTAN HOMES Assessor's Parcel Number(s): 042-340-188 Acres/Linear Miles: Street Address: 0 BAY AVE, CHICO, CA 95926 Project Description: Subdivide an existing 25 acre parcel into 4 parcels; three 5-acre parcels and one 10-acre parcel. Parcels will be served by a private access road. Project Location: The site is located on the west side of Bay Avenue, 3000 feet north of W. Shasta Avenue, 750 feet west of the City of Chico, in the unincorporated area. Township: Range: Section(s) USGS 7.5' Topographic Quadrangle Map(s): Please enclose a copy of the relevant portion. of the USGS 7.5' quadrangle map (1:1) with the project area clearly and accurately outlined Contact Person/Planner: Brett Walker Contact Phone Number: 538-7470 * "Please include pertinent project application paperwork`describing the nature of the project, potential ground disturbance, and existing modifications to the property. f ��g�� `4�� 11UTTE COIiNTY Agreement For Butte County Archaeological Resources Project Review By JAN 2 Z 2G,08 The Northeast Information Center(NEIL) f)EVELGFJ1e.,P.WT 51vm—n'R The California Environmental Quality Act(CEQA)is the California State statute that requires the Butte County Department ofbevelopment Services to perform an environmental review on all discretionary land use projects, to identify the significant environmental impacts of the project and to avoid or mitigate those impacts,if feasible. Every development project which requires a discretionary governmental approval will require at least some environmental review pursuant to CEQA, unless an exemption applies. The environmental review required imposes both procedural and substantive requirements. At a minimum, an initial review of the project and its environmental effects must be conducted. Depending upon the potential effects, a further and more substantial review may be conducted in the form of an environmental impact report (EIR). A project may not be approved if feasible alternatives or mitigation measures cannot substantially lessen the significant environmental effects of the project. At the state level, CEQA requires that public agencies consider the effects of their actions on historical resources eligible for listing on the California Register of Historical Resources. "Historical resource"refers to buildings, structures,sites(prehistoric and historic),objects,districts,and all manner of properties containing material remains of past human life or activity. The Department of Development Services utilizes the Northeast Information Center (NEIC) of the California Historical Resources Information System(CHRIS)to identify projects that may have archaeological significance. The CHRIS is a statewide system for managing information on the full range of historical resources identified in California. This system is under the authority and direction of the Office of Historic Preservation(OHP),the State Historic Preservation Officer(SHPO),and the State Historical Resources Commission(SHRC). The Northeast Center of the CHRIS system,located at California State University,Chico,manages the historical resource records for I 1 counties, including Butte County. The Northeast Information Center will furnish a Record Search to Development Services indicating the archaeological/historical significance and sensitivity of the applicant's project area and additionally providing a recommendation as to whether further archaeological survey is warranted. If further archaeological survey is required, the application would be considered incomplete until the appropriate archaeological survey is completed and reviewed. The Department of Development Services will forward applicant's payment(by check)of$75.00 and relevant project application information required for the Records Search to NEIC. NEIC will provide the results of the Records Search to Development Services. Development Services will notify the applicant if further archaeological survey is warranted. The $75.00 fee does not cover the cost of further archaeological survey work. If further archaeological survey work is required,Development Services will work with the applicant to see that it is accomplished,according to set standards,by a qualified archaeologist. The applicant shall bear all costs associated with further archaeological survey work required to continue processing of the planning project application. THIS FORM MUST BE ACCOMPANIED BY A COPY OF A 7.5' TOPO MAP,WITH THE PROJECT AREA OUTLINED. THIS IS USED DURING THE REVIEW TO RESEARCH CULTURAL SITES. The undersigned applicant for the project as identified below has read and understood the Butte County Archaeological Resources Project Review process and agrees to fund the required Record Search to be provided by NEIC. Attached is a check for $75.00 made payable to the Northeast Information Center for NEIC to perform the Records Search. Failure of payment to NEIC for this Records Search would result in the planning project application to be considered incomplete until payment of the $75.00 Records Search fee along with any related fees associated with non-payment(returned check charges,etc.)paid in full to NEIC. pli a Signature Dat (J P7GU�C/T Applica t PRINTED Name /9' Check Number S* , Wa�:I TPMo� -Uc�r Planner,File Number Revised 12/05/06 K:\Planning\FOPMS\Applications\ProjectinfoFor7n—Agent_NEIC.doc 13538 SHASTAN HOMES, INC TRI COUNTIES BANK 378 BROOKSIDE DR. ELLENSBURG,WA 98926 CHICO,CA 95928 90-3504/1211 PH.530-891-6727 1/22/2008 Y U m C O PAY TO THE ORDER OF NEIC (Archeology) $"75.00 0 Seventy-Five and 00/100**.*.*..***.*.*#��,** **.**,.*** * .*.* ********«..** ** #«*****..**#***�*******.,* **#**.*****,..* DOLLARS d NEIC (Archeology) VOID AFTER 90 DAYS c d io L MEMO Archeology for Bay — ---- ------------ ---- ------- --�' AUTHORIZED SIGNATUREy 1110 13538n■ 1: 12 11350451: 00 L4 ?045011' SHASTAN HOMES,INC 13538 NEIC (Archeology) 1/22/2008 Date Type Reference Original Amt. Balance Due Discount Payment 1/22/2008 Bill 75.00 75.00 75.00 Check Amount 75.00 4 JK 6-6 Shastan Homes, Inc.- Archeology for Bay 75.00 SHASTAN HOMES,INC 13538 NEIC (Archeology) 1/22/2008 . Date Type Reference Original Amt. Balance Due Discount Payment 1/22/2008 Bill 75.00 75.00 75.00 Check Amount 75.00 Shastan Homes, Inc.- Archeology for Bay 75.00 iPA LMP12 WP CHECK i i TPM08-0001 Halbert/Shastan Homes ,y0 :7 w1158 man a A a i t Q Project Site •° ° ` . • t UKAN T' �• �� s Y 0 C C • • • • •e , . ••• ,t! Park • •o • ' .9?i F.�cj�. • • 7.5' Quadrangle: Chico BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE PARCEL MAP APPLICANT: SHASTAN HOMES DATE: 1/22/2008 AGENT: NORTHSTAR ENGINEERING APN: 042-340-188 FILE #: TPM08-0001 PLANNER: Brett Walker PROJECT DESCRIPTION: Subdivide an existing 25 acre parcel into 4 parcels; three 5- acre parcels and one 10-acre parcel. Parcels will be served by a private access road. The site is located on the west side of Bay Avenue, 3000 feet north of W. Shasta Avenue, 750 feet west of the City of Chico, in the unincorporated area. Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ❑ I. Prior to or concurrently with the recordation of the Parcel/Final Map, provide a fully executed road maintenance agreement for all non-publicly maintained access roads on the County approved form. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Parcel/Final Map stating: "In accordance with Civil Code Section 845, maintenance of the road as shown hereon shall be shared by those properties with a legal interest in it." ❑ 2. All access rights shall be reserved by deed per County Ordinance, offered for dedication, and depicted on the Parcel/Final Map. For each private access within the map boundary, place the following note on the Parcel/Final Map: "gpproved road name is a non-exclusive easement for ingress, egress, road and public services purposes, to be reserved in deeds and is hereby offered for dedication to the County of Butte." ❑ 3. Prior to the recordation of the Parcel/Final Map, demonstrate to the Department of Public Works that there is approved access conforming to County Code to each parcel from a publicly maintained road. ❑ 4. Prior to or concurrently with the recordation of the Parcel/Final Map, Deed to Butte County in fee simple feet of right-of-way from the centerline of along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. ❑ 5. Prior to or concurrently with the recordation of the Parcel/Final Map, relinquish abutter's rights of access to Butte County, along the frontage of parcels , except at approved access points. ❑ 6. Prior to recordation of the Parcel/Final Map, provide street name signs per requirements of the Department of Public Works. Street names shall be reviewed by the County Address Coordinator and one name for each new street shall be recommended to the Board of Supervisors for approval prior to recordation of the Parcel/Final Map. A minimum of five alternate names for each new street shall be submitted. • • ❑ 7. Prior to final road inspection, install all necessary traffic safety signs including stop signs. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Parcel/Final Map stating: "No public entity shall be responsible for the maintenance of the traffic safety signs including stop signs. In accordance with Civil Code Section 845, maintenance of the traffic safety signs shall be shared by those properties with a legal interest in them." ❑ 8. Prior to recordation of the Parcel/Final Map, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. ❑ 9. Prior to the recordation of the Parcel/Final Map, obtain an encroachment permit and construct a standard S-18 road approach in accordance with County Improvement Standards. Adequate sight distance at the intersection of access road and shall be provided. ❑ 10. Provide a cul-de-sac designed and constructed as specified in the County Improvement Standards. The Parcel/Final Map shall show the cul-de-sac. ❑ 11. Prior to the recordation of the Final map, construct, or provide a performance bond and labor and material bond for the construction of, a ''/2+ 12' / full street section on to an RS-_geometric standard. Minimum structural section to be_" AC, and_" AB, prime coat, fog seal and 95 % relative compaction. Submit design to Land Development Division for approval. "R" value determination and other data may be required to support the section design ❑ 12. Prior to the recordation of the Final map, construct, or provide a performance bond and labor and material bond for the construction of, a '/2 + 12' / full street section on to an RS- road standard with curb, gutter, and sidewalk and _" AC, and _" AB, prime coat, fog seal and 95 % relative compaction. Construct a.'/2 + 12' /full street section on to an RS-—road standard with_curb, gutter, and sidewalk and_" AC, and_" AB, prime coat, fog seal and 95 % relative compaction. Submit design to Land Development Division for approval. "R" value determination and other data may be required to support the section design. ❑ 13. Prior to recordation of the Parcel Map, provide approved access to each parcel from a County maintained road or from a state highway. Improve parcel frontage to RS-_ LD-_ and access road to parcel being divided to RS-_ LD-_. (If the parcels being created are 5 acres or less in gross area, submit road and drainage plans to the Department of Public Works for plan checking and approval prior to construction). ❑ 14. Prior to recordation of the Parcel Map, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to County Improvement Standards. Improve parcel frontage on to a '/2 + 12' / full street section to an RS- road standard including, but not limited to curb, gutter and sidewalk for parcels with gross acreage of one acre or less. ❑ 15. Show on the additional map sheet of the Parcel/Final Map a_ft. building setback from the edge of the ultimate right-of-way of based on Butte County Code Section 24-75(d). • ❑ 16. Street lighting shall be provided in accordance with Butte County requirements, accepted design criteria, and recommendations of Pacific Gas & Electric Company. If the developer chooses to install the streetlights and pay energy costs through a County Service Area (CSA), he/she must complete the formation of the CSA prior to recordation of the Final Map. The CSA formation process will require the Developer to fund the service until the beginning of the first fiscal year in which service charges can be collected for the CSA, and agree to an annual maximum service charge to ensure continued operation of the facilities. B. DRAINAGE ❑ 1. Prior to recordation of the Parcel/Final Map, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on- site and/ or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to final improvement inspection by the Department of Public Works, all new drain inlets shall be labeled with the county approved drain marker per County Standard S-40. Improvement plans shall show and/or note the requirements for labeling inlets pursuant to Butte County Standard S-40. ❑ 3. Prior to recordation of the Parcel/Final Map, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-25. Show on the additional map sheet the elevations (by contours) and the location of an accepted NGVD29 (National Geodetic Vertical Datum of 1929) benchmark and a temporary benchmark on-site. ❑ 4. Prior to, or concurrently with the recordation of the Parcel/Final Map, pay the applicable drainage fees in effect at the time of recordation of the Parcel/Final Map for the drainage area. (The current fee is now $ /acre.) ❑ 5. Prior to grading, a Construction Storm Water Permit will be required by the State Water Resources Control Board if the project results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. The Permit must be obtained from the State Water Resources Control Board prior to,construction. If a Construction Storm Water Permit is required, place a note on an additional map sheet that states: "The development of this Parcel/Final Map requires a construction storm water permit. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. Development of individual lots may require an additional permit(s)." C. PARCEL/FINAL MAP ❑ 1. Show all easements of record on the Parcel/Final Map. ❑ 2. Prior to or concurrently with the recordation of the Parcel/Final Map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492. ❑ 3. Pay the recording fees in effect at the time the Parcel/Final Map and related documents are recorded. ❑ 4. Prior to or concurrently with the recordation of the Parcel/Final Map, pay all applicable assessments established by affected assessment districts, in full. ❑ 5. Prior to the recordation of the Parcel Map, prove to the satisfaction of the Director of Public Works that the parcel to be divided is a legal parcel. ❑ 6. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Parcel/Final Map regarding Revised 10/19/2005 BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE PARCEL MAP APPLICANT: SHASTAN HOMES DATE: 1/22/2008 AGENT: NORTHSTAR ENGINEERING APN: 042-340-188 FILE #: TPM08-0001 PLANNER: Brett Walker PROJECT DESCRIPTION: Subdivide an existing 25 acre parcel into 4 parcels; three 5- acre parcels and one 10-acre parcel. Parcels will be served by a private access road. The site is located on the west side of Bay Avenue,3000 feet north of W. Shasta Avenue, 750 feet west of the City of Chico, in the unincorporated area. Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: D. LEACHFIELDS ❑ 1. Prior to recordation, identify on the map sheet a 100-foot leach field free setback from each existing well. ❑ 2. Prior to recordation, identify on the map sheet an area for wells and a 100-foot leach field free setback around that area on parcels ❑ 3. Prior to recordation, identify on the map sheet a 50-foot leach field free setback from the drainage way/seasonal stream on (lots) (parcels) ❑ 4. Prior to recordation, identify on the map sheet a 100-foot leach field free setback from the high water line of the creek/perennial stream on (lots) (parcels) ❑ 5. Prior to recordation, identify on the map sheet a 100-foot leach field free setback from the spring and/or pond on(lots) (parcels) ❑ 6. Prior to recordation, identify on the map sheet a 200-foot leach field free setback from the high water line of the lake on (lots) (parcels) ❑ 7. Prior to recordation, identify on the map sheet a leach field free setback equal to four(4) times the height of the cut on (lots) (parcels) E. SEWAGE DISPOSAL AREAS ❑ 1. Prior to recordation, identify on the map sheet those areas with slopes in excess of thirty (30)percent as "Unsuitable for Sewage Disposal". ❑ 2. Prior to recordation, identify on the map sheet usable sewage disposal areas proven to meet the requirements of County Improvement Standards, Appendix VII. ❑ 3. Prior to recordation, identify on the map sheet all unsuitable sewage disposal areas, and, in addition, identify an area suitable for wells. ❑ 4. Prior to final recordation, identify all abandoned wells, septic tanks, and underground storage tanks. • • F. INDIVIDUAL WATER SUPPLY ❑ 1. Prior to recordation, place the statement on the Final Map that "There is no evidence that domestic water is available for (lots) (parcels) G. PUBLIC WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, design and construct a new community water supply system in compliance with the California State Safe Drinking Water Act. ❑ 2. Prior to final map approval, place a note on the additional map sheet that states "Development of(lots) (parcels) will require connection to a public water supply." H. EXISTING COMMUNITY SEWER ❑ 1. Prior to final map approval, place a note on the additional map sheet that states "Development of(lots) (parcels) will require connection to a public sanitary sewer." ❑ 2. Prior to the issuance of a building permit, obtain a permit from the Environmental Health Division to properly abandon the septic tank and connect the dwelling(s) on(lots) (parcels) to public sewer. I. NEW COMMUNITY SEWER ❑ 1. Prior to final map approval, provide community sewage collection, treatment and disposal facilities or bonds in compliance with Construction Standards and Health and Safety Requirements and also with the California State Regional Water Quality Control Board, the Butte County Code, the California Health and Safety Code, Federal Law, and other applicable codes and regulations governing the design, construction and operation of the facilities. ❑ 2. Prior to the final map, provide a community services district or other legal (government) entity adequate to insure the operation, maintenance or repair of the sewage collection, treatment and disposal facilities. At a minimum, creation of the entity shall: a. Insure financing of operation, repair and maintenance. b. Provide qualified individuals and operational procedures for facility operations, repair and maintenance. C. Provide adequate resources to comply with all monitoring and other Regional Water Quality Control Board Waste Discharge Requirements. d. Provide adequate resources for facility inspections and reports. e. Provide adequate resources and/or mechanisms to insure adequate funding of a major sewage treatment and disposal facility replacement or reconstruction if necessary. f. Provide a liability risk assessment for review by the County of Butte. • • g. Indemnify the County of Butte and community services district or other government entity for all claims and liability that may occur relative to the sewage disposal facilities. ❑ 3. Prior to recordation of the final map, when a homeowner's association is required, obtain approval of the By-laws and CC&Rs by Butte County Environmental Health, and, if required, by the California State Regional Water Quality Control Board. Approval shall be obtained prior to recordation of the Final Map. a. Bylaws, Articles of Incorporation, etc., relating to wastewater authority and financing cannot be changed without approval of Board of Supervisors and Regional Board (exception: wastewater authority and financing may be assumed by a public entity at any time). b. Association cannot terminate its existence without approval of Board of Supervisors and Regional Board. Note: Sacramento County has covered the above two points by requiring Associations to include the County Board of Supervisors in the Association's name. C. Membership in Association is mandatory for all lots (perhaps by deed restriction). d. Association shall have power to inspect, monitor and report on the operation of all kinds of individual and collective wastewater facilities (including ground water monitoring wells). e. Association shall have power to maintain above wastewater facilities, including, but not limited.to, pumping septage, discharging to alternate leachfields, repairing and replacing septic tanks, discharge lines and leachlines. f. Association shall have power to construct, or order construction, of new leachfields on same property or common property. g. Association shall have power to construct collective wastewater facilities if individual systems threaten public health or water quality. h. Association shall have power to raise money to do all of the above by dues, liens, service charges or mortgages. i. Association shall have power to do all of the above (except construction of collective systems) by action of Board rather than majority of homeowners. j. Association shall discharge monitoring and maintenance requirements with appropriately qualified personnel (wastewater treatment certificates or registered sanitarian) by contract or its own employees. k. Association shall provide for short and long-term reliability of treatment systems by: i. including reserve leachfield areas. ii. including easements for sewers. iii. including immediate reserve funds for operations until sufficient income is generated by homeowners. iv. contracting for maintenance and monitoring until its own staff is available and qualified. I V. constructing required monitoring wells before discharge begins. J. COMMUNITY SEWER SPECIAL NITRATE AREA i ❑ 1. Prior to recordation of the final map, in accordance with the Chico Area Nitrate Compliance Plan, provide for a connection to the public sewer, if practical and feasible. A determination that connection is not practical and feasible shall be made with the concurrence of the Central Valley Regional Water Quality Control Board and the Environmental Health Division. Note: Board staff is currently requiring a density of no greater than one equivalent residential unit per acre for development on septic tanks where sewer is not available. ❑ 2. Prior to recordation of the final map, when connection to a public sewer is not feasible: a. Provide the minimum required sewage disposal area as required by the Butte County Subdivision Ordinance and the Nitrate Compliance Plan. b. In conformance with the City of Chico Sanitary Sewer Master Plan, dated December 20, 1985, construct dry line sewer mains to serve the project and stubbed out to the property line for future public sewer connection. C. Provide a community services district or other legal (government) entity adequate to ensure the maintenance of the dry sewer main and, when necessary, the activated sewer main. d. Place the following notes on the additional map sheet or document to be recorded concurrently with the Final Map: "Butte County permit for the installation of individual septic systems shall require the construction of sewer laterals for future public sewer connection." "Lots within this subdivision are subject to sewage flow restrictions that preclude high water use business activities." "The discharge of wastewater, other than domestic sewage, into individual sewage disposal systems requires approval of the California State Regional Water Quality Control Board, Central Valley Region." e. Provide CC&Rs for the project that specify maximum allowable domestic sewage flows per lot or parcel approved by the California Regional Water Quality Control Board, Central Valley Region. Within the CC&Rs, provide for changes to be with the concurrence of the California Regional Water Quality Control Board, Central Valley Region. Environmental Health Division Standard Conditions,Revised 10/13/04.rt i BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE PARCEL MAP APPLICANT: SHASTAN HOMES DATE: 1/22/2008 AGENT: NORTHSTAR ENGINEERING APN: 042-340-188 FILE #: TPM08-0001 PLANNER: Brett Walker PROJECT DESCRIPTION: Subdivide an existing 25 acre parcel into 4 parcels; three 5- acre parcels and one 10-acre parcel. Parcels will be served by a private access road. The site is located on the west side of Bay Avenue,3000 feet north of W. Shasta Avenue, 750 feet west of the City of Chico, in the unincorporated area. Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: L. BUILDING PERMITS ❑ 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees may include, but are not limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. ❑ 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. M. EXISTING STRUCTURES ❑ 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire resistant construction of existing buildings. ❑ 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE PARCEL MAP APPLICANT: SHASTAN HOMES DATE: 1/22/2008 AGENT: NORTHSTAR ENGINEERING APN: 042-340-188 FILE #: TPM08-0001 PLANNER: Brett Walker PROJECT DESCRIPTION: Subdivide an existing 25 acre parcel into 4 parcels; three 5- acre parcels and one 10-acre parcel. Parcels will be served by a private access road. The site is located on the west side of Bay Avenue,3000 feet north of W. Shasta Avenue, 750 feet west of the City of Chico, in the unincorporated area. Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: FIRE CLEARANCE ❑ 1. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. ❑ 2. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. ❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. ❑ 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. ❑ 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. ❑ 7. Prior to any lot clearing activity or cutting of trees, contact the Butte Area Forester at (530) 872-6353 to determine the need for a less then 3 acre conversion exemption permit or a timber harvest plan. Butte County Department of Development Services 0 QTrF0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o - ..'_ o Oroville, CA 95965 0 -- o (530) 538-7601 Telephone c�UN'�y (530) 538-7785 Facsimile www.buttecountv.netldds ADMINISTRATION* BUILDING " PLANNING January 25, 2008 TO: FILE COPY FROM: Brett Walker, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: SHASTAN HOMES, TPM08-0001 APN: 042-340-188 DATE OF Inter-Departmental Review: 2/6/2008 IDR RESPONSE REGARDING 2/4/2008 COMPLETENESS OF APPLICATION DUE BY: AGENCY/DEPARTMENT 2/21/2008 CONDITIONS/MITIGATION MEASURES DUE BY: 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 2/6/2008, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Subdivide an existing 25 acre parcel into 4 parcels; three 5- acre parcels and one 10-acre parcel. Parcels will be served by a private access road. The site is located on the west side of Bay Avenue,3000 feet north of W. Shasta Avenue, 750 feet west of the City of Chico, in the unincorporated area. COUNTY SUPERVISOR DISTRICT NO.: 2nd ZONING: A-5 (Agricultural, five-acre parcels), GENERAL PLAN: OFC If a response cannot be submitted prior to the due dates listed above, please call Brett Walker at 538-7470 or send him an email at bwalker@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. Please return response to project planner. IDR COMMITTEE —APPLICATION COMPLETE ❑ No Name: Date: ❑ Yes Name: Date: GAPROJECTS\Trakit Merge Documents\TPM\REQUEST FOR COMMENTS.doc • V RAFT"LEAD IN SHEET PROJECT NUMBER: AP#(s): APPLICANT: OWNER(S): REPRESENTATIVE: PROPOSED REQUEST: (by counter planner) FINAL REQUEST: (by project planner) LOCATION: (by counter planner) FINAL LOCATION: (by project planner) EXISTING ZONING: GENERAL PLAN DESIGNATION: SIZE: SUPERVISORIAL DISTRICT#: DATE RECEIVED: ll,—ZZ-08 COUNTER PLANNER'S INITIALS: ASSIGNED PLANNER: Date Proiect Assigned: Z3 -08 IDR Date: 30 Day Complete: Tentative Hearing Date: COMMENT DISTRIBUTION LIST Project Number: ' ` 0w l County Offices and Cities: Planning Division I-X Assessor's Office-Mapping ? BCAG X Environmental Health 3_ City of Biggs 'ti- ALUC -7 Building Manager f City of Chico _ APCD CX LAFCo - City of Gridley — Butte Co. Farm Bureau ` X Agricultural Commission 7 City of Oroville _ Chico Airport Commission X Public Works/Land Dev �_ Town of Paradise _ Chief Administrative Officer County Counsel Fire Protection: X California Department of Forestry > _ El Medio Fire Protection District Domestic Water: S.F.W&P.Agency(OWID) _ Butte Water District _ Del Oro Water Co. California Water Service Co. _ Thermalito Irrigation District _ Other Utilities: X PG&E North-Chico _ Pacific Bell Chambers Cable TV PG&E South-Oroville Viacom Cable TV Irrigation District: Biggs/West Gridley Water Durham Irrigation Dist. a Paradise Irrigation Dist. R.ichvale Irrigation Dist Table Mountain Irrigation Dist Sewer: L.O.A.P.U.D. — Sterling City Sewer Main Skansen Subdivision(CSA 21) Drainage Districts: Sacramento&San Joaquin Drainage Dist — Reclamation District No. 833 Drainage District 200 _ Reclamation District No.2054 Reclamation District No.2056 State Agencies: CalTrans _ Dept.of Water Resources -Dept.of Fish and Game Federal Agencies: U.S.Forest Service — U.S.Bureau of Land Management Other Districts,Agencies,Committees,etc.: 4 NbrthStarlo ENGINEERING COUNTY Civil Engineers•Planners Surveyors JAN 21 _ 2008 -SE1R �g Transmittal To: Jay Halbert/Beau Anderson From: Christina S.Winkle Company: Shastan Homes .lob#: 8513 Address: 378 Brookside Drive Date: January 17, 2008 Chico, Ca. 95928 Re: TPM Submittal ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle The Following: - Jay/Beau: Please find attached the following items for submittal: • Tentative Parcel Map Package 49 Pre-Application Review Package—this needs to be taken with check to the Mira Loma Drive Office.Make sure to remind them you want to process this concurrently with the TPM going through Planning.I put that on the transmittal sheet but in case they don't read it and start to question it.I also included a copy of the email from Doug Fogel that states that we can process this concurrently. If you have any questions please feel free to contact us as soon as possible. Thank You, Christina S. Winkle Technician NorthStar Engineering 530-893-1600 ext. 237 ._......................._.........._................___.....__........._.---- 111 MISSION RANCH BLVD.STE 100 ..__.......................... _.......-.__._.. . CHICO.CALIFORNIA 95926 ...._......_._.................................................._......_.........__................ 530-893-1600 ...................__._._......................._................._.................._.._.. FAX-893-2113 WWW.NORTHSTARENG.COM �'PM o�-ooc)( BUTTE • BUTTE • COUNTY COUNTY 1� �UT"TE ��U8 ,SAN 2 2 2008 PUBLIC HEALTH DEItTRIMaWN�. r —✓' li: VlN><nl'to tv[ CFRV1rF¢ SERVICES �NVIRONMI;NTAL HE•AL7'H DIVISION Dic ure Statement Project Name: C4D�kA�=�> orv�E Arlt Traklt Project Number: Project Location and APN: \41% 2w�� 1 ^ V-4 UE Butte County Public Health Department, Division of Environmental ,Health, has agreed to condi- tionally clear this land use project for submission to and review by Butte County Department of Development Services (DDS), while winter.Groundwater Monitoring (GWM) is-taking place. The applicant has been informed that GWM must be successfully completed in accordance with the attached Groundwater Evaluation Policy (1989), unless otherwise specified in this Disclo- sure Statement. Prior to- successful completion of GWM, the land use application will not be conditioned and taken forward by DDS to the Butte County Planning Commission. The applicant requests initiation of project review by the Department of Development Services concurrently with ongoing GWM, in order to expedite project review, and has been apprised of and accepts the inherent risk that, should the outcome of GWM not be successful, the project cannot move forward and will not be approved. I certify that I have reviewed this disclosure statement and understand that approval of this pro- ject will require successful_amundwa er Monitorin . Applicant Name-(Please Print) Date Applicant Signature State of California County of Butte On ggc,tuZ D 08 before me,`i '1• b4L , 9'M 1- , personally appeared, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/fie subscribed to the within instrument and acknowledged to me that he/she/" executed the same in his/tDe tl�effr authorized capacity(ies), and that by his/her/thprr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. Witness my and official seal. M.E.cwmww Commission#1678810 -,a Notary Public-California Butte County aa ' My Comm.Expires Jul 27.2014 Signature of Notary Public (Seal) 4K 696"000 r I • BUTTE COUNTY JAN 2 2 2008 BE1'ELOPMENT' SERVJCES COUNTY OF BUTTE 480401 OFFICIAL RECEIPT -7,6Z EY OFFICE OR DEPARTMENT ISSUING RECEIPT Zz ZO Received from 46Meg-.1 The.Sum of 1513-e "60! A qe)� bI.Aeaace5_ll�d4/ For /' g�yLk/4-...- Received: Received By_L 13'�V�•h annul CASH ❑ Title Vre a.p Def— 0003 CHECK I3.!5 3 ( By DAVCO BUSINESS FORMS•(530)743.8511 Form 88887 s "'� .. ��s`• _�� BUTTE �- 4 COUNTY -DUTTE COUNTY'JAN 2 2 2008 PUBLIC HEALTH DEPARTMENT __ •�� - , SERVICES �r NVIROWL-WAL HEALTH DIVISION DiTure Statement Project Name: aL. �►�Ar or,nF \ 111 1 - � Traklt Project Number. Q<Lcmo 0--b i Project Location and APN: \60% NSEN UE Butte County Public Health Department, Division of Environmental Health, has agreed to condi- tionally clear this land use project for submission to and review by Butte County Department of Development Services (DDS), while winter Groundwater Monitoring (GWM) is taking place. The applicant has been informed that GWM must be successfully completed in accordance with the attached Groundwater Evaluation Policy (1989), unless otherwise specified in this Disclo- sure Statement. Prior to successful completion of GWM, the land use application will not be conditioned and taken forward by DDS to the. Butte County Planning Commission. The applicant requests initiation of project review by the Department of Development Services concurrently with ongoing GWM, in order to expedite project review, and has been apprised of and accepts the inherent risk that, should the outcome of GWM not be successful, the project cannot move forward and.will not be approved. I certify that I have reviewed this disclosure statement and understand that approval of this pro- ject will require successful�undwa er Monitorin . Applicant Name (Please Print) Date Applicant Signature State of California County of Butte On Z608 before me,-M. �� - Vd iay-) 9'mJA L , personally appeared, jot�, fi4ae""t, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/fie subscribed to the within instrument and acknowledged to me that he/sj;re/tai executed the same in his/tit/tl�ye'(r authorized capacity(ies), and that by his/het/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my and official seal. 'MI.cwrnww Commission# 1678810 -� Notary Public-California • Butte county QQ My Comm.Expires Jul 27,201 0 Signature of Notary Public (Seal) I (�Ir, ;'�, `'' `?art-��,^ .� ,�Z� :;�='�.•y� -• �..',. ��. l�..S:�.�� —41 gs ._ �_ _ - -� C � t:i '<, •`. � -•�� ..• ° `c�1,I t � .Y}�.,>:� �•1, V'.khTAH:).3.M »� 0 f SM d f a; r! iraltnmo:) .f i v!ruoD $#us • � Page 1 of 2 Chris.Winkle BUTTE From: Fogel, Doug [DFogel@buttecounty.net] JAN 2 2 2008 Sent: Thursday, January 03, 2008 4:42 PM DEVELOPMEAt To: Chris Winkle SERVICES Subject: FW: Bay Ave PRED 06-10 for Shastan Homes 042-340-163 (new APN 042-340-188) Chris, this may not have gotten to you so I'm sending it again. From: Fogel, Doug Sent: January 03, 2008 4:34 PM To: 'Chris Winkle'; cbottenfield@buttecounty.net Cc: Robin Kampmann; Loushine, Tom; Jolliffe, Stacey Subject: RE: Bay Ave PRED 06-10 for Shastan Homes 042-340-163 (new APN 042-340-188) Chris: Cliff is no longer with us. Our inspector for your area is now Tom Loushine. I am the program manager for land development. A pre-application is really a completely different process involving some different and a more complete review than the PRED. Pre-application process fees are paid to our office directly. PRED is a process of the Department of Development Services (DDS) in which we participate. You are now proposing a totally different project and the fees you paid for the PRED for your earlier proposal were completely used up during the PRED process for that earlier proposal. In addition those fees were deposited and are now even gone from the County auditor.. They are completely off the books since it has been over 18 months since the PRED fees were taken. In short you have a new proposal, which takes a new pre-application process,-and therefore new fees. Oil111,r_eser�My0amm ata lableraidisclaimer�forrmwhich�whenls allowslDDSLto_o acc pt yo,c a ficafio�a� ocess 'tt�si- lta�eousJyit�it Looe re-appli a ian re. .iet�r. T�srcanibeT r_ouided�to�yu�UpOra> rib►nittalzofatheapreYapplcation„ Please note our new office address 202 Mira Loma in Oroville. From: Chris Winkle [mailto:cwinkle@northstareng.com] Sent: January 03, 2008 3:51 PM To: cbottenfield@buttecounty.net Cc: Fogel, Doug; Robin Kampmann Subject: RE: Bay Ave PRED 06-10 for Shastan Homes 042-340-163 (new APN 042-340-188) Hi Cliff, 1/17/2008 • � Page 2 of 2 You reviewed PRIED 06-10 for Shastan Homes in March of 2006. We are preparing a re-submittal of this project as a Tentative Subdivision Map creating five 5 acre parcels as opposed to the twenty 1 acre parcels, My question to you is, do we need to re apply for a Pre Application review for this new proposal or can we utilize the comments from the FIRED to satisfy submittal requirements? Also is there any way someone can send me something that shows existing well locations on that property if you have it? Thank you so much, BUTTE COUNTY JAN 2 2 2008 Christina Winkle DEVELOP RNA NT° NorthStar Engineering 111 Mission Ranch Blvd,Ste. 100 Chico,CA 95926 (530)893-1600 ext.237 Fax(530)893-2113 ivww.northstareng.com "Each new day presents an opportunity to start all over again,to cleanse our minds and our hearts anew,and to clarify our vision." —Mary Kay Ash Oft .OUNTY OF BUTTE � OFFICIAL RECEIPT � 480406 2 _ /- OF�FIIC�E OR DEPARTMENT ISSUING RECEIPT 0 Received from S��Shcn htG"t��i_ ,�'hG y The Sum of tain.e G7ae7A P-e 4 v,;" i/ 5e w and �/!Gd $ Q.3 P.30 For �/_ - R Received: Received By CASH [J Title CHECKX 35.x ' sy DAVCO BUSINESS FORMS-(530)743-8511 Form 88887 _ f 1/17/2008 NorthStar ENGINEERING 'Civil Engineers•Planners•Surveyors f '•v .qJ' t a frt'a`?ai£"F r !*A . 1 i 3S"haIS cori)v . . , JAN-2Z2000 T=mlttal DEAL To: Planner of the Day From: Christina S. Winkle Company: Butte County Planning Job#: 8513 Address: 7 County Center Drive Date: January 17, 200.8 Oroville, CA. 95965 Re: Tentative Parcel Map for Shastan Homes at Bay Ave ❑ Urgent ❑'For Review ❑ Please Comment.' ❑ Please Reply ❑ Please Recycle The Following: - Please find attached the following items for submittal: o .Completed and signed Application form for Tentative Parcel Map o Completed and signed Application checklist o Completed and signed Agent Authorization Letters _ . 0 Project Description o Completed and signed NEIC form o Current Title Report(within the last six months) o Creation Deed o Environmental Pre Application o Fees 0 30-24x36 Site Pian If you have any questions please feel free to contact us as soon as possible. Thank You, f Christina S.Winkle; Technician ..................................................................._.. 1'11 N-IISSION RANCH BLVD.STE 100 CHICO,CALIFORNIA 95926 I: 530$93.1600 FAX-893-2113........_......_.......... WWW.NORTHSTARENG.COM 0 i � rF Butte County Department ofDevelopment Services �T o 0 Tim Snellings,Director O O 0 0 7 County Center Drive - Oroville,CA 95965 O - -` O (530)538.7601 Telephone O Y- O (530)538-7785 Facsimile COU N'�y ADMINISTRATION * BUILDING * PLANNING February 20, 2008 Shastan Homes 378 Brookside Drive Chico, CA 95928 Regarding: "Incomplete" status of Tentative Parcel Map (TPM) 08-0001; APN: 042-340-188 Dear Mr. Jay Halbert: On January 22, 2008 an application for a Tentative Parcel Map was submitted to our office. On February 20, 2008, the application was deemed incomplete for the following reasons: Environmental Health 1. Before we can further process the above project, we need additional information, as provided by soil profiling. Please refer to the attached letter from Environmental Health for additional information. Planning Division/Public Works 2. Bay Avenue is considered a cul-de-sac and currently serves more than 20 parcels. Butte County Code Chapter 20-133 states that"No cul-de-sac, in a rural area, shall provide sole legal access to more than twenty (20)parcels..."An exception to Butte County Code Chapter 20-133 needs to be requested, in writing, as stated on the Tentative Parcel Map application, Item #10. Agricultural Commissioner 3. Land to the north, west and a portion to the south of Parcel 2 has a Land Use designation of Orchard and Field Crops (OFC). It appears that proposed Parcels 1, 2, and 3 will not support a standard 300 foot buffer, pursuant to Butte County Code Chapter 24-286 (Agricultural buffer setback). This distance may be adjusted based on Unusual Circumstances. Chapter 24- 286 also allows alternative design standards to the 300 foot setback. In both cases, the Director of Development Services will consult with the Agricultural Commissioner in determining the merits of the unusual circumstances or the effectiveness of the alternative design. It is advised that you consult with the Planning Division and the Agricultural Commissioner's office regarding this issue. I have attached all comments received from commenting agencies. Additionally, I have attached relevant County Code sections that are cited in this letter or attached documents. This notification is to comply with California Government Code §65943, which requires written notification of application completeness within 30 days of submittal. Should you have any further questions regarding this matter, I can be reached between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, at(530) 538-7470, or via e-mail at ibwalker@buttecounty.net. Sincerely, Brett Walker Associate Planner Cc: Eric Schroth, Land Development Division Rob Hill,Deputy Agricultural Commissioner Tom Loushine, Environmental Health Jim Stevens,Northstar Engineering; 111 Mission Ranch Blvd. Ste. 100; Chico, CA 95926 Enclosures Butte County Department of Development Services 0 UT �0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Driveo -=rte o Oroville, CA 95965 cOUN'�y (530) 538-7601 Telephone (530)538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING* PLANNING January 29, 2008 Brett Walker Associate Planner Butte County Planning Division SUBJECT: ALUC review of TPM08-0001 (Shastan Homes); APN 042-340-188 This letter is to notify you that the above reference project TPM08-0001 (Shastan Homes), which requests to subdivide a 25-acre parcel into four(4)parcels, is not considered a major land use action under Section 1.5.3(a)(3) of the Butte County Airport Land Use Compatibility Plan. Therefore, no application for ALUC review is required. The project parcel is located in the "D" Compatibility Zone of the Chico Municipal Airport. Staff would like for the following conditions to be included as part of the Subdivision Map: 1. Airspace review required for objects greater than 100 feet tall. 2. Avigation easement dedication with Acknowledgment of Airport Proximity. If you have any questions, please do not hesitate to contact me at 538-7376, or by email at mmichelena@buttecounty.net. Sinc erely, ,` Y0('6 6q4 Mark Michelena Planning Division •alifornia State University,Chico Northeast Center of Me' BUTTE SIERRA Building 25,Suite 204 GLENN SIS.KIYOU California,Historical Resources LA oN SUTTER Chico,California 95929-0377 TEHAMA Phone (530) 898-6256 PLUMAS Fax (530) 898-4413 Inforinatl;on. System SHASTA TRINITY fleiflfocflti-@csucliico.edu February 8, 2008 Butte County Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965 ATTN:•Mr. Brett Walker I.C. Pile# L08-4 Project Review RE: TPM 08-00017 Shastan Homes/APN: 042-340-188 T22N, RIE, Unsectioned USGS Nord 7.5' and Richardson Springs 15' quads 25 acres (Butte County) Dear Mr. Walker, In response to your request, a project review for the project cited above was conducted by examining the official maps and records for archaeological sites and surveys in Butte County. RESULTS: Prehistoric Resources: According to our records, no sites of this type have been recorded in the project area. However,,'a village site of this type has been recorded in the project vicinity,consisting of stone mortars,pestles, and human burials.. The project is located in a region utilized by Konkow Maidu populations. Unrecorded prehistoric cultural resources BUTTE may be located within the project area. COUNTY FEB 1 2 2008 DEVELOPMENT SERVICES Historic Resources: According to our records, no sites of this type have been recorded in the project area or-vicinity. Unrecorded historic cultural resources maybe located in the project area. The USGS Richardson Springs 15' (195 1) quad map indicates that orchards and Arroyo Chico Land Grant is located in the project area, while Bay Avenue, Bell Road, United States Route 99E, Mud Creek, roads, and structures are located in the project vicinity. Previous Archaeological Investigations: According to our records, the project area has not been previously surveyed for cultural resources by a professional archaeologist. Literature Search: The official records and.maps for archaeological sites and surveys in Butte County were reviewed. Also reviewed: National Register of Historic Places - Listed properties and Determined Eligible Properties (1988, Computer Listings 1966 through 7- 00 by National Park Service); California Register of Historical Resources (2007); California Points of Historical Interest(1992); California Inventory of Historic Resources (1976); California Historical Landmarks (1996); Directory of Properties in the Historic Property Data File for Butte County (2007); Handbook of North American Indians, Vol. 8, California (1978); Historic Spots in California (1966). RECOMMENDATIONS: Based upon the above information, the project appears to be located in an area considered to be sensitive for prehistoric and historical resources. The project area is located in a region utilized by prehistoric and historic populations. Native American populations used the local region for seasonal and/or permanent settlement, as well as for the gathering of plants,roots, seeds, and seasonal game. Historically, Euroamericans utilized the region for cattle ranching and transportation operations. Therefore, we recommend that a professional archaeologist be contacted to conduct a cultural resources survey of the entire project area. The project archaeologist will be able to offer recommendations for appropriate preservation and/or mitigation measures for any new cultural resources encountered as a result of the field survey. The project archaeologist should also contact the appropriate local Native American representatives for information regarding traditional cultural properties that may be located within project boundaries for which we have no records. This person may also want to consult historic General Land- Office (GLO) plat maps in order to aid in the identification of unrecorded historic sites, which may be located within project boundaries. During any phase of parcel development, if any potential prehistoric, protohistoric, and/or historic cultural resources are encountered, all work should cease in the area of the find pending an examination of the site and materials by the project archaeologist. This request 2 to cease work in the area of a potential cultural resource find should be made a condition of project approval. This condition is intended for accidental discoveries made during construction activities, and does not replace the need for a Phase I investigation which assists planners and developers in meeting California Environmental Quality Act(CEQA) obligations during the Initial Study planning phase. The recommendation for a Phase I Cultural Resource Evaluation enables the lead agency to fulfill their obligations under CEQA to identify potentially significant historical resources. A Phase I investigation includes background research(record search), a field inspection, and report documenting the presence or absence of prehistoric or historic features,buildings, or archaeological sites. If potentially significant sites are identified during the Phase I investigation, further work may be necessary to determine site significance as well as appropriate protection or mitigation measures. Thank you for your dedication preserving Butte County's and California's irreplaceable cultural heritages, and please feel free to contact us if you have any questions or need any further information or assistance. Sincerely Mim. Roeder, M.A. Research Associate y 3 Butte County Deotment of Development i �13T rF Services °° TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 o 7 County Center Drive Oroville, CA 95965 c�UNty (530) 538-7601 Telephone (530) 538-7785 Facsimile February 20,2008 To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: SHASTAN HOMES,TPM08-0001 Planner: Brett Walker APN: 042-340-188 Location: Subdivide an existing 25 acre parcel into 4 parcels; three 5-acre parcels and one 10-acre parcel.Parcels will be served by a private access road.The site is located on the west side of Bay Avenue,3000 feet north of W. Shasta Avenue, 750 feet west of the City of Chico,in the unincorporated area. 30-Day Complete 2/22/2008 Date of IDR 2/6/2008 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, Agricultural Commission, Public Works, Assessor, City of Chico, ALUC, PG&E, Dept. of Fish & Game and CDF. All Environmental Health correspondence is routed through Karen Frederick 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 2/6/2008. Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting, regarding completeness of application. What is needed to make the application complete? X YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. PLEASE SEND YOUR RESPONSE TO: bwalker@buttecounly.net .net Signature-:Darr-en-Read Department Date: 01/28/08 KJPlanning/Projects/A New HUM Memos/IDR Completeness 8/30/05 BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE PARCEL MAP APPLICANT: SHASTAN HOMES DATE: 1/22/2008 AGENT: NORTHSTAR ENGINEERING APN: 042-340-188 FILE#: TPM08-0001 PLANNER: Brett Walker PROJECT DESCRIPTION: Subdivide an existing 25 acre parcel into 4 parcels; three 5-acre parcels and one 10-acre parcel. Parcels will be served by a private access road. The site is located on the west side of Bay Avenue, 3000 feet north of W. Shasta Avenue, 750 feet west of the City of Chico,in the unincorporated area. Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: FIRE CLEARANCE ❑ 1. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations— Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. ❑ 2. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation: Submit plans to the Fire Department for review and approval prior to construction. X 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. X 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. ❑ 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. ❑ 7. Prior to any lot clearing activity or cutting of trees, contact the Butte Area Forester at (530) 872-6353 to determine the need for a less then 3 acre conversion exemption permit or a timber harvest plan. • *BUTTE COUNTY j^� �. Punic HEALTH DEPARTMENT �;_• `��• � - ENVIRONMENTAL HEALTH DIVISION February 6, 2008 Jay Halbert 378 Brookside Drive Chico, CA 95928 RE: Pre-Application Review, PreapO8-0003,TPM Halbert,Bay Avenue, Chico, AP#042-340-188 Dear Mr. Halbert: Before we can further process the above project, we will need additional information, as provided by soil profiling. Please arrange to have a backhoe excavate 7-foot deep holes that are sloped on one end to facilitate my entry, at minimally one location on each of the 4 proposed new parcels. The holes should be spaced in order to provide a clear soil-depth cross section of the property. Contact me when excavations are complete, such that I can come to perform the study. Once this information is obtained, it will be determined whether percolations tests and/or ground water monitoring will be required. If you have any questions regarding this letter,please contact this office at the above listed address or telephone number between 8 and 9 a.m., Monday through Friday. Sincerely, Tom Loushine, R.E.H.S. Division of Environmental Health cc: Planning Division Robin Kampmann,NorthStar Engineering ClDocuments and SettingslbwalkerUcal SettingslTemporary Intemet FilesIOLKCWalbertBayAvenue.doc 202 MIRA LOMA DRIVE Oroville,CA 95965 TEL:(530)538-7282 FAX:(530)538-2165 Butte County DeWment of Development uTtF Services o °° TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR ° ° ° _ �_>. ° 7 County Center Drive °C - y° Oroville, CA 95965 DUNZ (530) 538-7601 Telephone (530) 538-7785 Facsimile February 20, 2008 To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: SHASTAN HOMES,TPM08-0001 Planner: Brett Walker APN: 042-340-188 Location: Subdivide an existing 25 acre parcel into 4 parcels; three 5-acre parcels and one 10-acre parcel.Parcels will be served by a private access road.The site is located on the west side of Bay Avenue,3000 feet north of W. Shasta Avenue, 750 feet west of the City of Chico,in the unincorporated area. 30-Day Complete 2/22/2008 Date of IDR 2/6/2008 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, Agricultural Commission, Public Works, Assessor, City of Chico, ALUC, PG&E, Dept. of Fish & Game and CDF. All Environmental Health correspondence is routed through Karen Frederick 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 2/6/2008. Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting, regarding completeness of application. What is needed to make the application complete? ® YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. PLEASE SEND YOUR RESPONSE TO: bwalker@buttecounty.net Signature "E°-Schroth Department: -Public-Works; Date: 2/7/08 K]Planning/Projects/A New File/IDR Memos/lDR Completeness 8/30/05 • • BUTTE COUNTY STANDARD CONDITIONS FOR TENTATIVE PARCEL MAP APPLICANT: SHASTAN HOMES DATE: 1/22/2008 AGENT: NORTHSTAR ENGINEERING APN: 042-340-188 FILE #: TPM08-0001 PLANNER: Brett Walker PROJECT DESCRIPTION: Subdivide an existing 25 acre parcel into 4 parcels; three 5-acre parcels and one 10-acre parcel. Parcels will be served by a private access road. The site is located on the west side of Bay Avenue, 3000 feet north of W. Shasta Avenue, 750 feet west of the City of Chico, in the unincorporated area. Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ® I. Prior to or concurrently with the recordation of the parcel map, provide a fully executed road maintenance agreement for all non-publicly maintained access roads on the county approved form. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the parcel map stating: "In accordance with Civil Code Section 845, maintenance of the road as shown hereon shall be shared by those properties with a legal interest in it." ® 2. All access rights shall be reserved by deed per county ordinance,offered for dedication,and depicted on the parcel map. Place the following note on the parcel map: "approved road name is a non- exclusive easement for ingress, egress, road and public services purposes, to be reserved in deeds and is hereby offered for dedication to the County of Butte." ❑ 3. Prior to the recordation of the parcel map,demonstrate to the Department of Public Works that there is approved access conforming to county code to each parcel from a publicly maintained road. ® 4. Prior to or concurrently with the recordation of the parcel map, deed to Butte County in fee simple 30 feet of right-of-way from the physical centerline of Bay Avenue along the entire property frontage. The right-of-way shall be sufficient for the installation of county improvement standard S- 5 at all street intersections. ❑ 5. Prior to or concurrently with the recordation of the parcel map,relinquish abutter's rights of access to Butte County along the I frontage of parcels 1,except at approved access points. ® 6. Prior to recordation of the parcel map,provide street name signs per requirements of the Department of Public Works. Street names shall be reviewed by the county address coordinator and one name for each new street shall be recommended to the Board of Supervisors for approval prior to recordation of the parcel map. A minimum of five alternate names for each new street shall be submitted. ® 7. Prior to final road inspection, install all necessary traffic safety signs including stop signs. For all non-publicly maintained access roads, a note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the parcel map stating: "No public entity shall be responsible for the maintenance of the traffic safety signs including stop signs. In accordance with Civil Code Section 845, maintenance of the traffic safety signs shall be shared by those properties with a legal interest in them." ❑ 8. Prior to recordation of the parcel map, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the county improvement standards and the terms of the encroachment permit. 0 i ® 9. Prior to the recordation of the parcel map, obtain an encroachment permit and construct a standard S-18B road approach in accordance with county improvement standards. Adequate sight distance at the intersection of access road and Bay Avenue shall be provided. Right-of-way required for construction of road approach and roadside drainage shall be provided. ® 10. Provide a cul-de-sac designed and constructed as specified in the county improvement standards. The parcel map shall show the cul-de-sac. ❑ 11. Prior to the recordation of the final map, construct or provide a performance bond and labor and material bond for the construction of a 1/2+12' / full street section on I to an RS-1 county improvement standard. Minimum structural section to be I"AC,I" AB,prime coat, fog seal and 95 % relative compaction. Submit design to the Land Development Division for approval prior to construction. "R" value determination and other data may be required to support the section design. Form a zone of benefit or other approved maintenance entity within the county's permanent road division for operation and maintenance of interior street and storm drain facilities. ❑ 12. Prior to the recordation of the final map, construct or provide a performance bond and labor and material bond for the construction of a '/2+ 12' / full street section on I to an RS-1 county improvement standard with I curb,gutter,and sidewalk,I"AC,I"AB,prime coat, fog seal and 95 % relative compaction. Construct a 'h+ 12' / full street section on I to an RSJ county improvement standard with I curb, gutter, and sidewalk, I" AC, I" AB, prime coat, fog seal and 95 % relative compaction. Submit design to the Land Development Division for approval prior to construction. "R" value determination and other data may be required to support the section design. Form a zone of benefit or other approved maintenance entity within the county's permanent road division for operation and maintenance of interior street and storm drain facilities. ® 13. Prior to recordation of the parcel map, provide approved access to each parcel from a county maintained road or from a state highway. Improve parcels 1 through 4 frontages to RS-8 LD-11 county improvement standard. ❑ 14. Prior to recordation of the parcel map, submit road and drainage improvement plans to the Land Development Division for the installation and construction of street frontage improvements on I . Improve parcel I frontage to a ''/z+ 12' / full street section on I to an RSJ county improvement standard including, but not limited to curb, gutter and sidewalk for parcels with gross acreage of one acre or less. Construct or provide a performance bond and labor and material bond for the construction prior to recordation of the parcel map. ❑ 15. Street lighting shall be provided in accordance with Butte County requirements,accepted design criteria,and recommendations of Pacific Gas&Electric Company. Where the County has determined that it is not detrimental to health and safety,the developer may choose to only install electrical outlets for streetlights. If streetlights are to be installed,the annual energy costs shall be funded through a county service area(CSA),zone of benefit within a permanent road division (PRD),or other entity as approved by the public works director. The developer must complete the formation of the CSA,zone of benefit within a PRD,or other approved entity prior to recordation of the final map. The formation process will require the developer to fund the service until the beginning of the first fiscal year in which service charges can be collected and to agree to an annual maximum service charge to ensure continued operation of the facilities. ❑ 16. Construct access to lot I per Butte County Code 20-136. Submit design to the Department of Public Works for review and approval prior to construction. Provide a fully executed road maintenance agreement for all non-publicly maintained access roads on the county approved form. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the parcel map stating: "In accordance with Civil Code Section 845, maintenance of the access road as shown hereon shall be shared by those properties with a legal interest in it." ❑ 17. Prior to recordation of the parcel map, construct or provide a performance bond and labor and material bond for the construction of a landscaping strip within the public right-of-way adjacent to parcels 1. Submit design to the Land Development Division for approval prior to construction. The developer must complete the formation of a county service area (CSA), zone of benefit within a permanent road division (PRD), or other Department of Public Works approved maintenance entity for landscaping prior to recordation of the final map. The formation process will require the developer to fund the service until the beginning of the first fiscal year in which service charges can be collected for the maintenance entity and agree to an annual maximum service charge to ensure continued maintenance of the facilities. ® 18. Provide traffic circulation per Butte County Code 20-133. B. DRAINAGE ® 1. Prior to recordation of the parcel map, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained onsite and/or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. If storm drainage facilities serve new public roads, the developer must complete the formation of a county service area (CSA), zone of benefit within a permanent road division (PRD), or other Department of Public Works approved entity prior to recordation of the final map. The formation process will require the developer to fund the service until the beginning of the first fiscal year in which service charges can be collected and agree to an annual maximum service charge to ensure continued operation of the facilities. ® 2. Prior to final improvement inspection by the Department of Public Works, all new drain inlets shall be labeled with the county approved drain marker per county standard S-40. Improvement plans shall show and/or note the requirements for labeling inlets pursuant to county standard S-40. ❑ 3. Prior to recordation of the parcel map, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-25. Show on the additional map sheet the elevations(by contours)and the location of an accepted NGVD29(National Geodetic Vertical Datum of 1929)benchmark and a temporary benchmark on-site. ❑ 4. Prior to, or concurrently with the recordation of the parcel map, pay the applicable drainage fees in effect at the time of recordation of the parcel map for the I drainage area. (The current fee is now $ /acre.) =5=:5::) Prior to grading, a construction storm water permit will be required by the State Water Resources Control Board if the project results in a disturbance (including clearing, excavation, filling, and grading)of one or more acres. The permit must be obtained from the State Water Resources Control Board prior to construction. If a construction storm water permit is required, place a note on an additional map sheet that states: "The development of this parcel map required a construction storm water permit. Construction activities that result in a land disturbance of less than one acre,but which are part of a larger common plan of development, also require a permit. Development of individual lots may require an additional permit(s)." C. PARCEL MAP ® 1. Show all easements of record on the parcel map. ® 2. Prior to or concurrently with the recordation of the parcel map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7,of the California Government Code commencing with Section 66492. LN—=3. Pay the recording fees in effect at the time the parcel map and related documents are recorded. ❑ 4. Prior to or concurrently with the recordation of the parcel map, pay all applicable assessments established by affected assessment districts, in full. ❑ 5. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the parcel map regarding�. ❑ 6. Prior to recordation of the final map, a preliminary soils report or acceptable soils waiver letter prepared by a registered design professional and based upon adequate testing shall be submitted to the Department of Public Works for review and approval. ❑ 7. Prior to recordation of the parcel map, construct or provide a performance bond and labor and material bond for the construction of public utilities, including, but not limited to electricity, gas, sewer and water. • 350 Salem Street Iron Chambers Pacific Gas and Chico,CA 95928 Technical and Land Services & Electric Company® 530/896-4257 Chico Office FAX 530/896-4254 January 29, 2008 Brett Walker gT Butte County COUNT' Department of Development Services JAN 01 2006 7 County Center Drive DEVELOPMENT Oroville, CA 95965 SERVICES RE: Tentative Parcel Map;(Shastan Homes) FILE: TPM 08-0001,APN: 042-340-188 Dear Mr. Walker: PG&E has reviewed the subject map. Please dedicate all access roads/easements for Pubic Utilities. SUBDIVISION OF PREMISES: When PG&E's Electric or Gas Service Facilities are located on private property and such private property is subsequently subdivided into separate Premises with ownership divested to other than Applicant or customer,the subdivider is required to provide PG&E with adequate rights-of-way satisfactory to PG&E for its existing facilities and to notify property owners of the subdivided Premises of the existence of the rights-of-way. When adequate rights-of-way are not granted as a result of the property subdivision, PG&E shall have the right, upon written notice to Applicant,to discontinue service without obligation or liability. The existing owner, Applicant, or customer shall pay to PG&E the total estimated cost of any required relocation or removal of PG&E's facilities. A new service will be re-established in accordance with the provisions for new service and the provisions of any other applicable PG&E rules. Any relocation or rearrangement of any existing PG&E facilities to accommodate this project will be at the developers/applicants expense. There shall be no building of structures; or the storage of any materials allowed over or under any existing PG&E facilities, or inside any easements that exist which infringe on PG&E's easement rights. Thank you for the opportunity to review this matter. If you have any questions,please call me in Chico at 896-4257. Sincerely, Dona W. Chambers Land Agent (file: TPM08-0001.doc) Butte County Departrnent ofDevelopment Services o 8V T rF 0 Tim Snellings,Director o 0 0 0 7 County Center Drive 0 Oroville,CA 95965 (530)538.7601 Telephone J (530)538.7785 Facsimile CQv N'�y ADNIINIS,TRATION * BUILDING * PLANNING February 20, 2008 Planning Division Comments 1. Parcel is zoned A-5, Agricultural—5 acre minimum parcel size. 2. General Plan Land Use designation is OFC, Orchard and Field Crops. 3. Parcel is located on the agriculture side of the Green Line. The green line is 4. Parcel is located outside the Chico Urban Area(Improvement Standards,Appendix I). 5. Agricultural buffers will apply to this map. It appears that proposed Parcel's 1, 2, and 3 will not meet the 300-foot setback. 6. Bay Avenue is designated a cul-de-sac and currently serves more than 20 parcels. Butte County Code Chapter 20-133 states that"No cul-de-sac, in a rural area, shall provide sole legal access to more than twenty (20) parcels..." An exception to Butte County Code Chapter 20-133 needs to be requested, as stated on the Tentative Parcel Map, Item#10. 7. Parcels under 20 acres in size are considered `conditionally consistent' with the OFC Land Use designation. Conditionally consistent parcels must meet Conditional Zoning and Development Criteria findings. This department needs to make findings that this proposal is consistent with the Conditional Zoning and Development Criteria in order to recommend approval of this map to the Planning Commission. Brett Walker Associate Plann ❑ LAND USE ELEMENT ❑ ORCHARD AND FIELD CROPS Primary Uses: Cultivation, harvest, storage, processing, sale and distribution of all plant crops, especially annual food crops. Secondary Uses: Animal husbandry and intense animal uses, resource extraction and processing, hunting and water-related recreation facilities, dwellings, airports, utilities, environmental preservation activities, public and quasi-public uses, home occupations. - Site Designation Criteria: 1. Soil conditions well suited for plant crop operations. 2. Adequate water supply. 3. Predominate parcel sizes of 5 acres of more. 4. Used for crop production or secondary uses. 5. Adjacent uses compatible with primary and secondary uses. Intensity of Use: Minimum parcel size of 5 acres. One single-family dwelling per parcel with additional housing for on-site-employees. Consistent Zones: A-20 through A-160, RC & PQ. Conditionally Consistent Zones: A-5, A-10, subject to findings of conformance with Conditional Zoning and Development Criteria listed below. Conditional Zoning and Development Criteria: 1. Predominate existing parcel sizes range from 5 to 10 acres. 2. Adjacent to or in the general vicinity of urban boundaries. 3. Present status of agricultural production will not be significantly impaired. Zoning Factors: 1. Existing parcel sizes and dwelling densities. 2. Proximity to urban development. 3. Effects on adjacent uses. 4. Potential for pest insect breeding. 5. Economic viability, 6. Local desires. ❑BUTTE COUNTY GENERAL PLAN O ADOPTED BY RESOLUTION 79-222 0 October 30, 1979 0 LUE - 48 24-286 Agricultural buffer setbij. Page 1 of 2 Chapter 24 ZONING* Article V. Specific Use Requirements 24-286 Agricultural buffer setback. (a) Purpose. The purpose of this section is to conserve and stabilize agricultural land uses in order to protect agricultural lands from encroachment and conversion to urban uses and for the following: (1)To require development to provide land use transitions, setbacks and buffers between urban development and agricultural uses, in order to reduce interference and conflict; (2) To create development and performance standards designed to protect agricultural uses from urban encroachment conflicts; (3) To provide a clear delineation between long-term agricultural production lands and city/community areas. (b)Applicability. These requirements are applicable to areas with a general plan land use designation of Grazing and Open Lands (GOL) and Orchard and Field Crop (OFC) and areas abutting those two (2) land use designations along the interior three hundred (300)feet of community boundaries and spheres of influence lines in order to protect existing agricultural uses from incompatible use conflicts. A separate exhibit adopted by resolution and as amended illustrates the applicability of this section. The requirements of this section are in addition to other zoning standards. Where there is a conflict, the more restrictive shall apply. (c) Standards. (1) Residential. a. Setback. The setback distance for dwellings shall be three hundred (300)feet from all property lines. This distance may be adjusted based upon an Unusual Circumstance Review in subsection (d) of this section. b. Alternatives to the above setback requirement may be considered by the Department of Development Services Director(Director), who shall consult with the County Agricultural Commissioner, as follows: 1. The dwellings are proposed in close proximity to each other such that the same practical effect of providing the three hundred (300)foot setback is provided. 2. If an existing parcel is of such size and/or shape that the setback distance identified in this subsection is not possible and conditions referenced in subsection (d) of this section do not exist, then the dwelling shall be placed the greatest distance from all relevant property line(s), or other location that presents the least detriment to agricultural practices on adjacent properties, provided there is no interference with easements, septic systems and/or prior conditions of approval, and considering parcel shape, slope, topography and/or other physical features. (2) Buffer Guidelines. Buffer guidelines are as adopted by resolution by the Board of Supervisors for the purpose of illustrating buffer requirements for various situations. These guidelines shall be utilized in rendering determinations relating to the required setback. If such guidelines have not been adopted, then the Director's review and consultation with the County Agricultural Commissioner's Office shall serve that purpose. (d) Unusual Circumstance Review. The setback distance identified in subsection (c) of this section shall be reviewed for Unusual Circumstances that may result in an adjustment in the setback distance as identified in subsection (c) above. The setback distance may be adjusted by the Director. The Director shall consult with the Agricultural Commissioner prior to rendering a determination to adjust the setback distance. An adjustment by the Director shall be based upon an evaluation of the following criteria, as they exist on the subject or surrounding property, provided that such adjustment would not result in a modification to adjacent agricultural practices: (1) Parcel size and shape; (2) Location of residence(s); (3) Infrastructure and other existing uses; (4) Natural physical features and topography; (5) Other circumstances not specified above; (e) Non-residential. (reserved) (f) Consultation with Agricultural Commissioner. The Director shall consult with the Agricultural http://municipalcodes.lexisnexis.com/codes/butteco/_DATA/CHAPTER24/Article_v_Sp... 2/20/2008 I 24-286 Agricultural buffer setb4. • Page 2 of 2 Commissioner on permits (non-discretionary) and projects (discretionary) actions as follows: (1) Permits. Permits shall be reviewed concurrently with the building permit review process. (2) Projects. Projects shall be reviewed during the project review process. The Director shall consult with the County Agricultural Commissioner prior to rendering a recommendation to the Planning Commission. (g) Determination. (1) Permits (Non-discretionary). The procedure for non-discretionary review by the Director shall be as follows: a. The Director shall review and render a determination for applicable non-discretionary permits and approvals. b. No hearing is required for any non-discretionary permit review. c. The decision may include permit application modifications to establish consistency with this chapter. (2) Projects (Discretionary). The Planning Commission shall review and render a determination on the Director's recommendation regarding Unusual Circumstances for discretionary actions for which the Planning Commission has authority. If a project requires the Planning Commission to make a recommendation to the Board of Supervisors, then the Board of Supervisors shall render a determination. (h) Review Fee. Applicant shall pay the required review fee for consideration of compliance with this chapter for projects and permits at the time of filing the application in an amount as established by the Board of Supervisors. (Ord. No. 3953, § 1, 2-13-07) << previous I next>> http://municipalcodes.lexisnexis.com/codes/butteco/ DATA/CHAPTER24/Article_V_Sp... 2/20/2008 20-133 Cul-de-sac streets. • • Page 1 of 1 Chapter 20 SUBDIVISIONS* Article VI. Design Standards 20-133 Cul-de-sac streets. A cul-de-sac street in an urban area, as shown in appendix I of the design standards, shall not exceed five hundred (500) feet in length and shall not serve more than twenty (20) lots or parcels. No cul-de-sac, in a rural area, shall provide sole legal access to more than twenty (20) parcels, except where all parcels are more than twenty(20) acres in lot area, or circulation is not practical or feasible because of topography. (Ord. No. 31.88, § 1(Exh. A), 3-14-95) << previous next>> http://municipalcodes.lexisnexis.com/codes/butteco/ DATA/CHAPTER20/Article VI_D... 2/20/2008 Streams n Roads Inside Area " --. 0.3 0 0.3 0.6 Miles 1:40,000 S \' cQ- �c. Dr 99 ` Nora -. r MAPS By DEPARTMENT OF PUBLIC WORKS f surra aouNrr CHICO URBAN AREA "`; °• DEVaDPMBfr SBtVIMS DEPARTMOU • - =� • GBDGRAPHIC INFORMATION sry-TB4 NORTH QUADRANT : {:�-:` • DATE PRINTED: MAYS,2002 1 A ouM Butte County Department of Development Services T TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o /� o Oroville, CA 95965 0= '�+ -� =o. (530) 538-7601 Telephone �+ •� (530)538-7785 Facsimile IV IN ADMINISTRATION * BUILDING* PLANNING Memorandum February 20, 2008 To: Interdepartmental Review Committee Subject: Notice of Pre-Development Conference for PRED 06-10, Shastan Homes, Planner: Carl Durling APN: 042-340-163, 164 Location on the west side of Bay Avenue, 3000 feet north of Bell Road, Chico.. Date of IDR: 04/26/2006 Attached please find the Pre-Development Conference notice for PRED 06-10. A hard copy of the application, including maps, was sent to Environmental Health, LAFCo, the Assessor's Office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager at the time of application. The purpose of this notice is to give you the opportunity to comment on the applicant's proposal electronically to the planner, if you so desire, so that preparations can be made for the IDR meeting on 04/26/2006. Comments: (Please send your response to cdurling@buttecounty.net.) Parcels are on the Ag. side of the Chico green line, in General Plan designation OFC , Propose parcel sizes are below the A-5 zoning, an existing orchard is on site, adjacent existing agriculture on the west boundary. Agricultural buffers are required on the north and west boundaries. Signature: R96ert C. 2CzA PApuq. . Commissioner Department: Agriculture Date: April 14,2006 • Butte County DeParent of Development Services OT TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o TF o 0 0 7 County Center Drive o o Oroville,CA 95965 c _�-_ �o (530)538-7601 Telephone �+ y (530)538-7785 Facsimile OVN� PROJECT APPLICATION FEE REFUND REQUEST Applicant Name: Shastan Homes/Jay Halbert Project#: TPM 08-0001 Address: 378 Brookside Drive APN: 042-340-188 Assigned Planner: Brett Walker Date Application Received: 1/22/2008 Principle Planner: Stacey Jolliffe Planning Fees Paid: see attached receipt Verified Hours From Timeslips (Initials) REFUND REQUEST MUST BE ATTACHED Planner's Signature: Date: Planning Manager's Signature: Date: DDS Assistant Director's Signature: Date: Administrative Staff Report Planning Fees Paid: Fees S ent: $ DDS Hours Spent: Verified Hours From Timesli s Initials Recommended Refund Amount: $ Administrative Staff Reporter: / ,Y .F1c ttt--iiaCKK(.J 111 . 01)L - +f f L. • : IA rI • a' 'Sn la E y I 3• ' ' n± n i Y r Jay Halbert Shastan Homes, Inc. Real Estate Marketing, Development and Construction Since 1977 California General Contractors License Number718264 March 18. 2008 y Mr.Tim Snellings Director of Planning Butte County 7 County Center Drive Oroville, CA Oroville, CA 95965 Re: Refund of$6,466.35 application fee for Parcel Map on Bay Ave. Dear Tim, Our project was shot down by the Agriculture-Commissioner last week. He says he is not able to approve the division of any land that is designated as Orchard and Field Crop land. Even though, all my neighbors on Bay Avenue are OFC on smaller than 5 acres. Would you please consider refunding all $6,466.35 of my Planning application fee? I relied on the information I got at the Planning counter in my decision whether to apply for something and spend all that money. If I had known that the County's policy was to not allowing 5 acres splits, in an A-5 zoning, if there is an Orchard and'Field Crop designation in the Ag Element for that area, I would not have written the check. My only hope is that the City of Chico will 'eventually move the green line to Jones Ave. Meanwhile, neighbors on small lots, surrounding us on three sides, will enjoy their free view shed. It was a pleasure to work with Brett Walker and Steve Troester. You have a couple of good men there. Thanks for your consideration. Sincerely, ,(;, JAY HALBERT BUTTE COUNTY 378 BROOKSIDE DRIVE CHICO, CALIFORNIA 95928 'NAR 19 2008 Home 530-891-0225,Home Office 530-891-6727, Home Fax 530-892-1858 Call Anytime. DEVELOPMENT SERVICES Jay Halbert Shastan Homes, Inc. Real Estate Marketing, Development and Construction Since 1977 California General Contractors License Number 718264 March 12, 2008 Mr. Rob Hill Deputy Ag Commissioner Mr. Brett Walker Butte County Planning Department 7 County Center Drive Oroville, CA 95965 Re: Request for Shastan Homes at Bay Avenue parcel map application completeness. Dear Brett and Rob, Thank you for your prompt attention to our application. I would like to address some of the issues you brought up. The walnut orchard on the west side of Jones Ave. appears to be fallow or organic. Dave Kiowa,who had farmed our 25 acres, informed us he was no longer interested due to the bugs, squirrels, neighbors and restrictions on spraying. We have a total of 12 neighbors, ranging mostly from 1 to 5-acres in size, all touching our property on three sides. I would like to request that the Butte County Planning Director and the Agricultural Commissioner consider an adjustment to the agriculture buffer requirements for our four proposed parcels. A buffer paralleling Jones Ave. seems much more fair. This is a politically sensitive area. I am trying to come up with a plan that will not block off the potential for the City to require a higher density in the distant future. At the same time, we hope to make the neighbors happy with our parcels being few and large. I would like to request an.exception to the Butte County Code Chapter 20- 133 limiting cul-de-sacs in rural areas to less than 500 feet in length and less than 20 parcels under 20 acres. This design standard is not practical or feasible because of the local political constraints and the topography. Included is a copy of a letter from the City of Chico regarding the City's desires for this 25-acres. In Kim Seidler's letter he states that the City would prefer 5-acre parcels (as it is zoned) so that a future higher density development would be possible some day. I would also like to request that the project be broken into two phases. Phase One would be the two parcels on Bay. They would receive their utilities and access directly from Bay Avenue. I am also requesting that I be allowed to wait to build the new cul-de-sac until the three remaining parcels in Phase II are developed. Thank you for your consideration and a timely response. Sincerely, JAY HALBERT 378 BROOKSIDE DRIVE CHICO, CALIFORNIA 95928 Home 530-891-0225, Home Office.530-891-6727, Home-Fax 530-892-1858 Call Anytime. MAR-12-2008 09:00A FROM: T0:8921858 P.e 1 1 I I w 1 -------- 161 16 I � 1 I rF, I 1 1 � F 1 + 14Qp I 1 1 � 1 •@R ��dlllir 1. gIQI �� (:a• i IP "so allI ' j to v IM i f Fr Fr of, Kira SeWlerIKSODLER&Lchico.ca.us) Sent: 7huroay.April ti6,20W 10:+05 Aid To: Uurling.can$3 g:7(SQ fj' ,�Sr 7X00 Cc: 0 Palmeri Teresa Bishtsw Subjett: PRED W10,Shastan Momes Here are Comments on PRIM 05-10, Shactan homes, Carl: This property, which is located on the agricultural =ids of the Grecialine and outride of the City°s ophere of influence, lie* within an area of roughly SSO acres (currently n rof*rred to as Area i) the City of Chico i,e looking very closely at for future urban developeMent- The City Council, in fact. has directed the initiation of a General, Plan amendment, HIR, and sphere of influence amendment for this arca, telae would anticipate linking the plashing for the arca, along with the adjustment of the roreenli-ne that would be neceazary, with a comprehensive update of the City's General Plan., which is in its initial stepa as well. A feasibility study of the poTcatial for urban development of Ar*& 1 haz been completed, based on the accumption of a full mix of urban land uses and urban densities. 'Pts- eventual planned development of Area 1 Would. of course. involve the provision of full urban services, including public sewer. This arca is also within the Chico Area of concern pursuant to a memracndum of agrccm&nt (MOA) signed by both the County and the City in 2003. Mbile the agreement pertain=most specifically to the North Chico Planning Area fin which t d-- Property is not located), the mOA does empha:ize the coordination of planning between the County and the City :ai-thin the largez Area of Concern, in order "to protect agricultural land and to ensure that its conversion to urban uses. when appropriate, shall be done in a ve11-p2anned manner. based on sound planning principles, and to work cooperatively to provide for urban.gzowth within tree Chico Area of Concern for a 30-so year planning her izon.. .- 2E ultimately created. the one-acre: lots proposed would. I believe, forever preclude real urban development of that property, and further, by building in potemtial future opposition in the form of estate residents concerned about higher densities around them, would in fact make less feasible the eventual urban development of adjacent lands_ In addition, the cumulative development of one-acre lots in this arca would constrict any natural planned expansion of Chico in this directicm by making extensions of .ersvIcen economically less cost-effeettiwo (as Fre have already experienced in the arca east of Hwy. 99 and south of Hock Creak% the city is oUcctively cut off from expansion to r"he north) . r note that the zoning of LllC property is A-S, which r believe calls for five-acre minimum Int Sizez. While five-acre lotu arei fart Crom ideal either in precezvirlg agricultural viability or in transitioning to urban development, at least they are large enough to include sone potential for future cezubdivivion. With one-acre Iota, thin potential is e:.sentially zero. It is not clear how the proposed one-acre lots would be can^.istent with the A-5 zoning (or, in fact, with the punwse of the Gretnline at prmsent). it some other 4;Lscrecionary actions is required for clustering to allow thea, t mope• that this action would not be approved_ The City of Chico clearly has substantial conacz:ss about this application, and I vary much appreciate the Opportunity to cenment. on it. Please acknowledge, it you would, that you. received this Message. And it I can provide you with any further information or comme.,its, please don't hesitate to let nut know. Kim Q, P7N. SEC. 17, R.22N.. R.iE. M.D.B.&M. 42-34 934 106 07 •gam aWA/rSrLR Im �6'S7 4SPUQQos W74SW Sop.V46 amm 1�2 M7 qVs t yLOW ',�� 60 I�Ae .00.1e� Il5Plf9 1 2 p2 24 51 07Ac ;2?ACI. 59> rrS4c 8.15Aei.'BrPll74 63 1 p7 183 Q 76 6a; 6991Y iR167 SUS } I `•,� 2, r0 , 10 #all Y AVEg .Z25.03Ae 171 55 B1Y Ma SIIB./t I 117 ll9 I 4 4 r ; ° �. g2 - 5.04Ae�2 14.45Ac '� 8 21 'I 10 \\ I I 10 1' I 90 f i 06-69 > >3: !IS = Jr4 tO. 1 32 1.2 19 12 I S= /, 13 S.OSA¢' ' S.02Ae ne i; lal BAY 7RACf SMp2 'II • f ---- 1 , $ , O s -- , m�.N,• �� 4.4 1& 53 1------•-�---; , l� • I I I 2J 162PS 05A4.75Ae 02 42-01 t W TRW sus./z ; .9 i to ! n 12 13 -----`ia ----- ' ---------- - -----L------------------ --------------------------------- f--- --= -1---- ua �' r ;- • r 72.084c •r�. ! ---------------- --- Butte County Assessor's Map Book 42, Page 34 HO1E Thaw panda r for msesenaR papoem % orty are mq aot eWWOM bpd pomaa f CWTO N Oe MAM ON 10-8—IM j REMM BY OB REM ON 10-6-1999 BAY TRACT 12, 1 M.O.R. 18, 11-24-IU.5 % w-ot It011 84Y TRACT 11, 1 H.O.P. 42, 2-4-1895 --- 11»Butt a Oft I �._.,..-. ._. . . This map MY or may not be a.survey of the lend depicted. .. pan i 2000 hereon. You should not rely upon 1t for any purpose other t r than arm tott*general location of the parcel or par cels depicted. Mid Valley Title and Escrow Company * m disclaims any liability for alleged loss or damage` --__---- • fe 4 o a • • s ' t I LEGEND PROJECT SCALE 1'=80' d u I _ � EXISTING WELL SERVICE POLES TO BE REMOVED I 0 EXISTING WELL TO BE REMOVED p EXISTING WELL G N ~r ® Q' _......... ......... ..... .._... _._... .......... ___ _ -__._ .. ..... II ............._..---_ ___. � _.0._.__....,.__,__ -�. T __.____.. ... ..w..... ........_ .w....-..... .. . __.._. III ...........__.__._.-____ EXISTING EASEMENT EXISTING PROPERTY LINE FOR SURROUNDING PARCELS `P — 01W a 660.62 BAY AVENUE N37'53 , — — — — EXISTING BOUNDARY �� 330 0 300 '— — EXISTING EDGE OF RIGHT OF WAY BELL ROAD P�� --— ------------ `� — — PROPOSED PROPERTY LINE T — PROPOSED CENTERLINE :l I EXISTING WELL AND P ,7 100 LFS 11� BUILDING SETBACK LANE II' 165 ORIGINAL GROUND CONTOUR 9� �G.L ` BSL BUILDING SETBACK L< �� 7,G�0 30 ® 042-340-141 ASSESSORS PARCEL NUMBER G� 30' -I EXISTING STRUCTURES ON NEIGHBORING PROPERTY 5'BSL N ( rn (TYP) d,•.y I `i 20' BSL f o u o N LOCATION MAP NTS 20' BSL ® NOTES AREAS 1. ZONING: AGRICULTURAL — 5 ACRE MINIMUMS �.I PARCEL 1 ., PARCEL 2 ti ____... ..._.__. TOTAL AREA = 25.01 ACRES 2. GENERAL PLAN: AGRICULTURAL 5 AC MIN. PARCELS NUMBER OF PROPOSED LOTS = 4 RESIDENTIAL (5.00 AC. GROSS) (GROSS 5.01 AC.) I 3. LAND USE: EXISTING — ORCHARD PROPOSED RESIDENTIAL LOTS I 4. PROJECT SURVEYOR: JAMES STEVENS LS 6050 s, I 5. SEWAGE: INDIVIDUAL SEPTIC SYSTEMS a, i W � 6. WATER: INDIVIDUAL WELLS V s„� N { I Q I z 7. POWER: P.G.& E. I€I !3 I; ”' •,ry 8. TELEPHONE: AT&T (43 9. CABLE TV. AT&T BROADBAND IW (� 10. STORM DRAINAGE: ONSITE RETENTION s 11. OWNER: JAY HALBERT SHASTAN HOMES 378 BROOKSIDE DRIVE, CHICO, CA. 95928 i ii I I 12. DEVELOPER: JAY HALBERT SHASTAN HOMES n I 378 BROOKSIDE DRIVE, CHICO, CA. 95928 ' (TYP) j I 13S. THERE ARE NO EXISTING SEPTIC TANKS OR STRUCTURES CURRENTLY ON THE 330' 330 N37'52'14"W 330.L' 14. THE EXISTING ORCHARD SHALL BE REMOVED. r J 15. WATER QUANTITY TREATMENT WILL BE ACHIEVED VIA SUB—SURFACE DETENTION I' EXISTING WELL OR BY OTHER MEANS AS APPROVED BY THE DIRECTOR OF PUBLIC WORKS. � 16. GRADING: ALL LOTS WILL BE GRADED TO DRAIN TOWARDS THE INTERIOR STREETS. IN I V",•tl `� I � it STAN EROSION ROL URES L ADIU. j I I WITH THEDCODUNTY O BUT�ETAND MHESWATER(QUALITY CONTROL COMPLIANCE CONTROL BOARD. 18. EXISTING AGRICULTURAL WELL TO BE ABANDONDED PER BUTTE COUNTY STANDARDS. 19. EXISTING EASEMENT PER SERIAL N0. 87-00953 AND 87-00954 WILL BE I _ ABANDONED PRIOR TO FINAL MAP. IQ�e,OFESS/pN ' 042—340-188 CID Io 1 25.01 AC � ,.. � z '� m r.; ' 1 ,089,501 SF +�— `', "�� os� TV r r II hrP��QO Ilk M1I� " NORTHSTAR ENGINEERING, I E 6' I, LAMBERT 0. LOWE CE 59077 "'9F OF CA�� EXP. 6/30/09 PARCEL 3 PARCEL 4 4.89 AG fr -C) 9.89 AC. I' co GROSS 5.00 AC. co Q0 I I GROSS 10.01 AC. ox r + w A� V NORTHSTAR ENGINEERING u I , i rKp P� 6050 , 5 BSL JAMES S. STEVENS PLS 6050 EXP 6 30 07 �^ TYP / / 3 � ILn�n ILi Ln N 1 TENTATIVE PARCEL MAP SHASTAN HOMES AT BAY AVENUE A PUBLIC STREET SUBDIVISION FOR SHASTAN HOMES BEING A PORTION OF LOT 3 OF THE FIRST SUBDIVISION OF THE BAY TRACT , BOOK 1 OF MAPS GRAPHIC SCALE " P .,. .., - - - - - - - - - - - `- - - - - - - - - - - - - - - - - - - - - — — — — — — — AT PAGE 42, AND BEING LOT 5 AND A PORTION OF 661' 00 0 40so 100330' LOT 6 OF THE "SECOND SUBDIVISION OF THE BAY S37"51'27"E 991.14' TRACT" BOOK 1 OF MAPS AT PAGE 18, SITUATED IN — — — — — — — - - — — — — — — > h - SECTION 16, TOWNSHIP 22 NORTH, RANGE 1 EAST, � AVENUE — MOUNT DIABLO MERIDIAN COUNTY OF BUTTE STATE OF CALIFORNIA SHT 1 OF 1 AP# 042-340-188 JANUARY 2008 JOB #8513 BUTTE COUNTY JAIL 2 2 2008 DEVEf,OPNIENT" . _ ,._� LEGEND PROJECT — fig SCALE I'll • � �i ! � � EXISTING WELL SERVICE POLES I TO BE REMOVED ® EXISTING WELL TO BE REMOVED L� G + I �, _. XISTING WELL P� z � I — — — — — — — — EXISTING EASEMENT EXISTING PROPERTY LINE FOR SURROUNDING PARCELS PO _ N37*5,3'01"w BA Y A VENUE o 660.62' — 330' ! 0 300' _ — EXISTING BOUNDARY EXISTING EDGE OF RIGHT OF WAY BELL R 0 A D P PROPOSED PROPERTY LINE I — EXISTING WELL AND PROPOSED CENTERLINE P� .. I I i I 1 BUILDING SETBACK LINE 00' LES , 165 ORIGINAL GROUND CONTOUR GG �L�19 ,n BSL BUILDING SETBACK I G F` 30 - 042-340 141 ASSESSORS PARCEL NUMBER I I 30 I I I ® EXISTING STRUCTURES ON NEIGHBORING PROPERTY I 5 BSL r(TYP) 20 BSL rn I `ID LOCATION MAP I I NTS ® 1 20' BSL 0 I NOTES AREAS 1. ZONING: AGRICULTURAL - 5 ACRE MINIMUMS PARCEL 1I i .,� PARCEL 2 I I...... ._.., __ TOTAL AREA = 25.01 ACRES 2. GENERAL PLAN: AGRICULTURAL 5 AC MIN. PARCELS 4.34 AC. I = 4.35 AC. NUMBER OF PROPOSED LOTS = 4 RESIDENTIAL (5.00 AC, GROSS) I (GROSS 5.01 AC.) I __ f 3. LAND USE: EXISTING - ORCHARD I 1 PROPOSED - RESIDENTIAL LOTS 4. PROJECT SURVEYOR: JAMES STEVENS LS 6050 w I , liLnI i I I I 5. SEWAGE: INDIVIDUAL SEPTIC SYSTEMS � ILn 6. WATER: INDIVIDUAL WELLS W Q v z g 7. POWER: P.G.& E. 9 g , I � � I •.. ^ 8. TELEPHONE: AT&T O E,_ _..._..., 9. CABLE TV: AT&T BROADBAND " "' 10. STORM DRAINAGE: ONSITE RETENTION I 11. OWNER: JAY HALBERT SHASTAN HOMES 378 BROOKSIDE DRIVE, CHICO, CA. 95928 i I 9 `tea 12. DEVELOPER: JAY HALBERT SHASTAN HOMES -- 378 BROOKSIDE DRIVE, CHICO, CA. 95928 5'BSL I I 13. THERE ARE NO EXISTING SEPTIC TANKS OR STRUCTURES CURRENTLY ON THE (TYP) I SITE 330' , 330 N 3752 VI 14. THE EXISTING ORCHARD SHALL BE REMOVED. _ _ _ �y� �_ � 14"W 330.�°�`a I EXISTING AG WELL 15. WATER QUANTITY TREATMENT WILL BE ACHIEVED VIA SUB-SURFACE DETENTION O SEE NOTE #18 j _ ......_ _.._. _- .... OR BY OTHER MEANS AS APPROVED BY THE DIRECTOR OF PUBLIC WORKS. 16. GRADING: ALL LOTS WILL BE GRADED TO DRAIN TOWARDS THE INTERIOR e STREETS. I 50' I 17. STANDARD EROSION CONTROL MEASURES (BMP's) WILL BE USED IN COMPLIANCE AI I WITH THE COUNTY OF BUTTE AND THE WATER QUALITY CONTROL BOARD. 18. EXISTING AGRICULTURAL WELL TO BE ABANDONDED PER BUTTE COUNTY \ I STANDARDS. 19. EXISTING EASEMENT PER SERIAL NO. 87-00953 AND 87-00954 WILL BE � I ABANDONED PRIOR TO FINAL MAP. �Ft ONS` . 042—340-188 00 o I . 25.01 AC _ n 'I T-1m Idyl,', Iy m m N 1 ,089,501 SF +�— -� ,�INII X09 cn ' - NORTHSTAR ENGINEERING, OAS � LAMBERT 0. LOWE CE 59077 ,F C \E� EXP. 6/30/09s,u PARCEL 3 �,IIIIPARCEL 4 co GROSS 5.00 AC. coolli GROSS10,01 AC. I ...__.... _,.....",..._ _ _.... V , A..� �r NORTHSTAR ENGINEERING 5'BSL I JAMES S. STEVENS PLS 6050 NO,.P 6050 (TYP) w EXP 6/30/07 milIIlil �III1� •6/30I��s Iti TENTATIVE PARCEL MAP SHASTAN HOMES AT BAY AVENUE A PUBLIC STREET SUBDIVISION FOR I SHASTAN HOMES I e ` BEING A PORTION OF LOT 3 OF THE FIRST { � — —-- - — — — — — — — — — — I1� - - - - - - - - - -- - - - - - - - - -� - - - - - - - GRAPHIC SCALE SUBDIVISION OF THE BAY TRACT", BOOK 1 OF MAPS — — 320 AT PAGE 42, AND BEING LOT 5 AND A PORTION OF 330' , 661' w 0 40 so '� LOT 6 OF THE "SECOND SUBDIVISION OF THE BAY S37`51'27"E 991.14 _ IN >� � TRACT" BOOK 1 OF MAPS AT PAGE 18, SITUATED IN JONES AVENUE — — — — — — — — — — — — — - — — SECTION 16 TOWNSHIP 22 NORTH RANGE 1 EAST — — — — — — — — — — — — — — — — — — — — — — — — — —l4 — — — — — — — — — — — — — - - L lnoh – 80 fE , > , ,,,: MOUNT DIABLO MERIDIAN COUNTY OF BUTTE STATE OF CALIFORNIA — •. _ -- SHT 1 OF 1 AP# 042-340-188 JANUARY 200E JOB #8513 Cfj"Ui 111 I JAN 2 2 2608 DEvT_1L0PA jrN,r