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HomeMy WebLinkAbout042-150-053 (2)4`i IN— c W `} A •'`T"V � A Donalson-Galli Tentative Parcel Map*'�`s. ' � r• i comments to the Advisory Agency 2 July 90 I call your attention to the fact that this smbdivision is in approach zone of the Ranchero.Airport. It is in a corridor over which planes landing or taking off pass at altitudes of 200 to 500 feet. <` y The cooridor refered to was established as a compromise to improve ''•;;::''_ , ' safety of both pilots and residents and to reduce noise'annoyance when the Silvertree subdivision to the north �as authmrized by you, 5r`y alfa /i6iitc( r: :. • a subdivision which made the normal, long time h northern approach'. corridor to the airport no longer sztisfactory.' This parcel is one of a series of about six along the corridor .whicih.-' are presently one acre in size. If this subdivision is approved it the precedent for subdivision of each of the others, doubling.the: _ residential density of the area or worse, increasing the probability of;F noise complaints, and further degrading safety. ' Optimum residential density under an airport approach zone'is considered to be one per 5 acres. Present land use here is about..one.':x*+= per acre. When this proposal initially came to.the ALUC for review. ib.was ?4y1} thoroughly discussed and ALUC voted unanimously for denial for .the ;.,F.`..•; ,. reasons above,: At the following meeting stag;. reintroduced• it 'with no new justification, the applicant did not appear, there was no=discussion;'-" no new information introduced, but the decision.was reversed (on a split`... vote), a highly unusual and questionable action. ,.Q Action is now underway by both county and city to rezone this codridor to " mot less than h acre" minimums. Ranchero Airport operators.-.•'.''. are requesting one acre minimum zoning for this strip. '. I therefore request that you deny this application at least the pending rezoning actions decide the issue of how far lot splitting: -7,.`!-'.'1. will be permitted... GT VpY-4n 0 BUTTE,COUNTY AIRPORT LAND USE COMMISSION MINUTES April 141990 IV. CONSENT AGENDA There were no items to be discussed. V. BUSINESS i� 1. Request for reconsideration of the Tentative Parcel Map, AP 042-150-053 for Donal son -Galli.- Construction for Conformance with Ranchaero Airport Land Use Plan. Staff said the applicant requested this Commission to reconsider this project Commissioner Lando asked what Item #2 was referring to on the agenda. At the last meeting, staff was asked to put an item on the agenda to formerly request the Butte County Planning Commission consider rezoning the area along Bidwell to not less than 1/2 acre parcels. Commissioner Lando asked which properties would be affected. Staff said that within the packets that there was an Assessor Parcel page that shows the areas, Parcel 53, 52, 54, 55, 12, 48 and additional properties going back to the west. The area immediately to the north and east of this area is all divided down to roughly 1/3 acre parcels. Commissioner Lambert asked if this item had gone before the Board of Supervisors for discussion. Staff said that this was not discussed at the Board level or at the Advisory Agency pending the outcome of this meeting. Commissioner Lando asked if the Commission acted on item #2, how quickly would the County rezone those properties. Staff said they will put this request on the April 26th Planning Commission agenda for initiation of the rezoning. Staff said this rezone will have to go through the CEQA process before being set for hearing. Staff said this should be heard by July or August It was moved by Commissioner Lando, seconded by Commissioner .Franklin, and unanimously carried to approve this division. t 40 BUTTE COUNTY AIRPORT LAND USE COMMISSION 2 NEDRYM - March 14, IM V. BUSINESS 1. Review - Tentative Parcel Map AP #042-150-053. Conformance with Ranchaero Airport Land Use Plan Staff gave the Commissioners a memo and maps for.both the parcel split and the Ranchaero Airport area. He said the parcel is north of the approach/departure area. He said it has been zoned 1/4 acre and smaller parcels for years. Policies of the Airport Land Use plan for Ranchaero Airport would allow parcels that small with the Commissions review. Chairman Stevens asked if there was any discussion. Chairman Walter said there are lots of 1 acre parcels surrounding the subject property, and if this policy is established, the other parcels will be recommended by Staff for approval under thesame conditions and the same justifications. Staff said that along Bidwell Avenue and on both sides of the parcel there are 3 parcels that are similar, the area north, east, and northwest are already developed into parcels 1/2 the size of those that are proposed. - There are only 6 other parcels that could develop. He said that it could be found to conform with the policies of the Ranchaero Airport Land Use Plan or the Commission could make a motion that it does not conform. Chairman Stevens said she would vote no. She said it is too close to flight patterns. Commissioner Lando said that the Commission should start prior to any. Greenline review. He said they would have to go through the EIR process for creating a 1/2 acre parcel zone. It was moved by Commissioner Lando and seconded by Commissioner Crotts to find the Tentative Parcel Map is in conformance with Ranchaero Airport Land Use Plan. Chairman Stevens asked if there were any further discussions. Commissioner Lambert said she would support it. She said her concern is that the. avigation easement does not notify buyers in this area. She said if the Commission was to approve development, the people surrounding should be notified. Staff said avigation easements are on most title reports. He said that most of the. _-- parcels do not have avigation easements because they were created before the Commission was formed. Commissioner Lando said that you can't get avigation easement on private airports. BUTTE COUNTY AIRPORT LAND USE COMMBSION 3 MINUTES - March 14, 1990 Commissioner Walter said the Commission could shift the pattern by moving it up creek, which would take problems off the, Silvertree group. Commissioner Walter read from the staff memo. He said he didn't see how it was consistent with the Plan. Staff said the plan states the density can be increased with ALUC's approval. He said better wording for the plan should be, "they are conditionally compatible subject to ALUC's findings for smaller parcels". Commissioner .Walter said that the Commissions policy is to make their best recommendations to the Board of Supervisors and that he doesn't see how this conforms. with Ranchaero Airport Land Use Plan. Commissioner Lando said there were not enough properties involved and withdrew the motion. Chairman Stevens withdrew the motion and asked if there were any other motions on the floor. Chairman Walters made a motion to find that the project to create two 1/2 acre parcels does not conform to the policies of the Ranchaero Airport Land Use Plan and that further increases in density in this area further compromise the safety and- useability of the airport. Seconded by Commissioner Crotts. Chairman Stevens asked if there was any further discussion.. of the motion on the floor. The motion was unanimously carried. Commissioner .Lambert asked what was the Commission's action with the parcels on Glenwood. Commissioner Lando said that the parcels on Glenwood should be zoned in a size that they will stay. Commissioner Lambert asked staff to bring it back up on the next agenda. Commissioner Walter instructed staff 'to bring it back with a draft motion Staff said the property owners would be notified for the Planning Commission hearing and that this agency recommends that the Commission initiate the hearing. LV BUTTE COUNTY AIRPORT LAN_ D USE COMMISSION 4 Nj[NNUTES - March 14, 1M Commissioner Lando said he was interested in the parcels along the creek and Bidwell.. Avenue. Staff said that there are other problems on Bidwell Ave. that should be addressed as-�1' art of any rezone. ol Commissioner Lambert said that the Greenline zoning would take care of r1 Municipal Airport Environs Commissioner Rossas received the report from Mr. Brandley with the conditions and policies for ALUC review and that the soil analysis was not included. He said it was so well written that it could be used for bidding. 3. Status Report Airport Zone Code Amendments and Overlay Zone Staff said they were making slow progress. He said when this goes to hearing they will primarily be looking at height limits, overlay zonings, and the types of uses. Chairman Stevens asked to bring this item back up on the next agenda. 4. ,Status Report - Chico Municipal Airport Environs Plan_ Commissioner Lando said the Commission was submitting the application for the FAR 150 Study and that FAA should fund this in the next fiscal year. He said that they are going to meet with FAA. 5. Business from the Floor There was none. Commissioner Franklin arrived at 9:30 a.m. VI.. CORRESPONDENCE Staff said they recently received the summary titled "Aviation: The Third Dimension of California. Infra -Structure report and that it was -available in the office for viewing. Commissioner Lando left at 9:34 a.m. Commissioner Rossas left at 9:35 a.m. f (o -O / C "Ud le_� t ' Al /� _�7 . CayWei • 1#2X-%s_,T`��� �i��rc_�e�a—�i��o�f �4�c/• G1se ��/Qa; � ' 41 _ - �ec��s off W&¢�` vd/,C/ a s o Ye _ 440C• � �,. , 6 We Ao x�f 416Z t� /v 7L� Lii s be c� e v` �o ` pat _ ���. d e 's�. t .. -- i t 4� . ur rPr • �i-� r r� 0_Ls 6 Inter -Departmental Memorandum TO: Airport Land Use Commission FROM: Planning Staff SUBJECT: Review of Tentative Parcel Map for Donalson-Galli Construction, AP# 042-150-053 for Conformity with Ranchaero Airport Land Use Plan DATE: March 7, 1990 The above referenced project is located on Bidwell Avenue approximately 1/2 mile north of T Ranchaero Port Runway. The project site is located within the approach zone (2) as shown on the attached map. Review of this Tentative Parcel Map is necessary because the policies of the Ranchaero Airport Land Use Plan indicate that single family dwellings as permitted by the zone are appropriate in the approach zone only when the population density is not more than 1 single family residence per 5 acres within 1 mile of the runaway end. This is subject to ALUC review. This Commission has the ability to ' approve residential densities in excess of 1 dwelling unit per 5 acres. The Commission has done this routinely in the areas north of Bidwell Avenue that have been zoned for single family dwellings at 4 to 6 dwelling units per acre densities for the past several years. While finding this Tentative Parcel Map and its resulting densities in conformity with the Airport Land Use Plan for Ranchaero Airport would be consistent with previous actions in the immediate area, it should be noted that this project is also located directly underneath the modified approach and departure patterns discussed in the Land Use Plan text which bends flight patterns to the west in order to avoid the residential areas nearby: This modified flight pattern resulted in the broad fan shaped area shown on the map which differs radically from the approach zone to the south of the runway. Past discussions with the operators of Ranchaero Airport indicate that most traffic deviates to the left over the creek on northbound departures. Similarly, traffic approaches from the west over the creek for a southbound approach. This. should also be noted that the existing parcel of 1 acre currently does not conform to the 5 acre per dwelling unit'density requirement of the Airport Land Use Plan policy. Recommendations: Find that the project to create two 1/2 acre parcels. conforms to the policies of Ranchaero Airport Land Use Plan due to existing development in the area of similar- and higher densities and that approval of this project would be in keeping with that development as infilling. DRH.jlo Attachments: Maps North 1"= 2000' BUTTE COUNTY ZONING A-10 ... Agricultural, 10 ac. min. PAC/PUD..Planned Development A-40 ... Agricultural., 40 ac. min. R-1 ...... Residential SR -1 ... Suburban Residential, 1 ac. min. R-2 ...... Residential S -R .... Suburban Residential R-3 ...... Residential A -SR ... Agricultural Suburban Residential H-1 ....... Light Industrial C-1 .... Light Commercial C-2 ...... General Commercial RIDWEL L- NIAY' i58J A SUB.. T. 22/Il. R. L �anG _ l4 - �evelocmen: •Sec. • - 42 _ _ . \. y _ . _ . ._ . - . _ _ _ r _ - 1115 __--ALNEN01 O -- - I - 'I .�-` _ - v ; ^--•i--� .3 40.41' -DR', r_ } I 1 .GILDERT LIP 9. SO535/1NQLNUTWOODSS400' ¢ 100 1 u I lol • �� S�+C :: �1/ ,NTD .' rI - I • ; u : $ACRAMENTp AVE EST- li 330 I • r i 330 �49.9s m I I T.3o ; 6 I SACRAMENTO I to 0j,LE CT PARK SUB. �43 r--- I-> 1.66 I • PM ! 20 44 29 t , Jr8 1 3-40 C RD/HAL 'CT\ I �\J � .�i •---_ iu, - U -� SILV£�? TREE SUB , 500,4C. (UNIT 2 J rn \ HERON —LN I 1 46 I I q � I.3 SILVER PEE 21 SLIS, PHASE 1 , `I I - - - ------ --------- I V LL. } • 1 , 2 , PHASE 2 1x l I 2 `� �\ I I BIG CHICO CREEK - I° 1 p FLaMINGp2 RD I I tSTATESUN/T 4' s Pr II 90 \ ,54 w'♦. ISI 1 ;c; ♦ I 1 2 I . ti W .. 1 �:.Oz _ ,o I I ; 2/ • , 4 12 I o :.q I D 18 , f Ial 14 FC 7— SIn rrE ,L -- \� 1.22 J ,4c. --.6s cc 44 -- 43—�43 �6�(/Q'�� �C.55oc 43); 0.66 c �j 3l I . F PM 50-15 766-.-A4 767 le, j /gyp^- �nqq�A��uI-2 v MR. PARCEL IYiA \ � ,� .aex�.92 I -8E - , � ,so - i 43-29 , • •• __ - - Assessor's Map No. 42- /5 • . ; Bidwe// 2�d Sub. M.O.r?.. Bk. 5-Pg- 27 ' County Of Butte, Calif. REVISED: 2- 89 ; \\t 4 vO�Oo. INN h O 0 t p 4r 1AJ '_• i' :. R.: , _ - . - � m Fhb �� O O iK Wer v ` F '1' O Nuf. P O - J nnn V SA RAMENTO AVENUE- S LREER �•` e'Oyf ' • � VENUE O GN��O IG AK PARK AVENUE O O 3. C D :..ROAD CM1co RIVER 0 4VE. North a 111= 2000 3. . W O RANCHAERO AIRPORTa a `'.. 3 AREA OF INFLUENCE �--� EXHIBIT A -i FE K SAFETY AREAS 1. Clear Zone .2. Approach Zone Overflight Zone _ - .® Noise Area of 55dB to 65dB LDN ,; .10 ' `- %�'/��/ /� j��� ice'' • L /h� .per"�/� 'O' y✓/���j I � • • �lj�i'- �:. •. :'•' 1 . Y q. • ;.ate- • . ::,....... ;: "E, �•,/���/�//i a•� " ' y�,'� � '�'��" %moi _';X'F<1 ' ` /j'�// /% '• ' M ZV north 2000'/✓�'/ / /� /%" /y''/j// XX BUTTE COUNTYAl GENERAL PLAN ;/�/ /-' i/j/��✓"/'�/�` �/ d e LEGEND - ' , _Greenlinej/ a' .Public ' IndustrialY Commercial Orchard and Field Crops ;Agricultural Residential.D Low Density Residential Medium Density Residential ✓� �,/// / �/ ��!/ji; High Density Residential North 1"= 2000' BUTTE COUNTY - - ZONING sA-10...Agricultural, 10 ac. min. A-40...Agricultural, 40 ac. min. SR-1.:.Suburban Residential, l ac. min. S-R....Suburban Residential A-SR...Agricultural Suburban Residential C-1 .... Light Commercial PAC/PUD..Planned Development R-1 ...... Residential R-2 ...... Residential R-3 ...... Residential M-1 ...... Light Industrial C-2 ...... General Commercial • � , ♦ . � •. i � .. � . _ - 1 K art -:. t V 1 '' r, �1 � � Y � � { f{ r 1. .• e Y � I � � � � � 1'. I .. 1 au �tivF � '`'r .� � d '� .�.� r 1 ' .. . *� •.. - . �� r �� { - ti e� � .., 1, f _ t _ s ? r i ,w ' F M' . ., �o v�/e,� � � �- . �. � W 'c, � - e �� � i � ; k� .. - - ... r: + � .,_ 0.n . .. - 1 - � .S. ' . 1 - - .. � , 1 k �. y ? .. _ • art. • ' � • f ., - I A-40 A P'—PZyAc y ZONE C L E.c� ,e 20 AlE. A-10 z V%, _ . r, f APP/t06:GH ZONE 1 C 4-E.,a P 20A6E C-1 ■���w 0 .0am�a400002 x one APP/t06:GH ZONE 1 C 4-E.,a P 20A6E C-1 ■���w 0 .0am�a400002 5��✓tea- s"g ,y 07%NI h /?7i \ \ APP/t06:GH ZONE 1 C 4-E.,a P 20A6E C-1 ■���w 0 .0am�a400002 Butfe Co. Planning I JUL .1.5 1985 3l:7; E COUNTY -L Oroville� C� NJA 7J' Gr,R05 R E 0 U E 5 T I I I Recording Requested By: COMMONWEALTH TITLE CO.. 2 When Recorded Mail To: APR 5 3 Cl•Eitic -. krl:i,i;�:��. FEE • AFTER REC012DI;;G, RETURN TO 4 FRED CAVIS, CITY MA,dAGER �• MUNICIPAL BUILDING, . D 5 CHICO, CALIFORNIA APR 2 2 1985 6 GRANT OF AVIGATION EASEMENT CITY MHIVHLiER CITY OF CHICO 7 BY 8 Deed made this 21-st day of Ma -r -ch , 19 85, by John D. Drake and 9 David--0--Jeffries (hereinafter referred to as "Grantor") to the City 10 of Chico, a municipal corporation of the State of.California (hereinafter 11 referred to as "Grantee"). .12 In consideration of good and valuable consideration, the receipt and 13 sufficiency.of which is hereby acknowledged, Grantor, for itself, its heirs, 14 administrators, exec,itors, successors, and assigns,.does hereby grant and 15 convey to Grantee, its successors and assigns, a perpetual easement and right 16 of way for the unobstructed passage of all aircraft in the airspace above the 17 property. located in the City. of Chico, County o"f Butte, State of California, 18 described in Exhibit A attached hereto and by this reference incorporated 19 herein (hereinafter called "the property") from a height of 387 feet above 20 sea level to an infinite height above the property.. 21 Concomitant and coextensive with said easement and right of way, Grantee 22 shall have the continuing right to remove all or any portion of any structure,' 23 natural growth or other object on the property which extends into the airspace 24 over the property to a height of more than. 387 feet above mean sea level. 25 Grantee shall have the further right to cause in all airspace above the 26 surface of the property such noise, vibrations, fumes, dust,.fuel particles, 27 and all other effects that may be caused .by the operation of aircraft landing, 28 at or taking off from or operating at or on the Chico Municipal Airport; and CA 8/23/83 Page 1 of 2 i� 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22-- 24 25 26 27 28 85-• 3626 Grantor does hereby fully waive, remise, and release any right or cause of action which it may now have.or which it may have in the future ag:iirlst- Grantee, its successors and assigns, due to such noise, vibrations, fumes, dust, fuel particles, and all other effects that may be caused or may have been caused by the operation of aircraft landing at, or taking off from, or. operating at or on the Chico Municipal Airport. Grantor, for itself, its heirs, admini.strators, executors, successors, and assigns, does hereby agree not to .cause or. permit any structure, natural growth or other object on the property which extends into the airspace over the property more than 387 feet.above mean sea level and not to use or permit the use of the property in such a manner as to create electrical interference with radio communications between aircraft and the Chico Municipal Airport, to make it difficult for flyers to distinguish between airport lights and e`her.lights, to impair visibility in the vicinity of the Chico Municipal Airport, or to otherwise endanger aircraft landing at or taking off from the Chico Municipal Airport. This easement and right of way shall be appurtenant to the Chico Municipal Airport and shall be for the benefit of Grantee and members of the general public operating aircraft which land at or take off from the Chico Municipal Airport. IN WITNESS WHEREOF, Grantor has executed thi deed on the date first written above. March 21, 1985 Nate John .D. Drake,- ►Grantor APPROVED AS TO FORM: Robert e m, ityAttorney- CA 8/23/83 �aVid O. J f"r.,ies, Grantor h thorize'd p rsu�nt to §2R.04.030 of the Chico Munici al Code. Pursuant to # 6103 & � NJC�3 of the Govern. Page 2 Of 2 ment Cede. the City ct Chiro i; r.:rl required to pay Butte County rccordii.. Ices. ACKNOI&EDGMENT 85— 9626 STATE OF•CALIFORNIA) ss. COUNTY OF BUTTE ) .On this 21st day of March 19 85 before me, �nrhnriv-' :�T11TT1Pfi personally appeared John D. Drake & David 0. Jeffries ,.personally known to me (or proved.to me on the basis of satisfactory evidence) to be the person(s) whose name(s) A)s/are subscribed to this instrument, and acknowledged that they executed it. w� OFFICIAL SEAL ,j� J. `' ANTHOW G. SYMM,ES /T .: N07ARBUTTE CO NTy 38NIA Notary Public, �riL+ BUTTE i� My Comm. Ex von March 22,11)-#, in and for the County .of Butte, State of California. My Commission expires 4 6 7 8 9 10 11 .12 13 14 15 16 17 18 19 ' 20 21 22 23 24 .25 26 27 28 ACKNOI&EDGMENT 85— 9626 STATE OF•CALIFORNIA) ss. COUNTY OF BUTTE ) .On this 21st day of March 19 85 before me, �nrhnriv-' :�T11TT1Pfi personally appeared John D. Drake & David 0. Jeffries ,.personally known to me (or proved.to me on the basis of satisfactory evidence) to be the person(s) whose name(s) A)s/are subscribed to this instrument, and acknowledged that they executed it. w� OFFICIAL SEAL ,j� J. `' ANTHOW G. SYMM,ES /T .: N07ARBUTTE CO NTy 38NIA Notary Public, �riL+ BUTTE i� My Comm. Ex von March 22,11)-#, in and for the County .of Butte, State of California. My Commission expires 85� 9626 AVIGATION EASEMENT FOR PARCEL'MAP NO. 62 All that certain real property situate in the County of Butte; State of California, described as follows: Lots 24, 25, 26, 39, 40, 41, 42, 54, 55, and portions of Lots 8, 9, 10, 22, 23, 27, 37, 38, 43, 44, 53, and 56 as the same are shown on that certain map entitled "Map of the Seventeenth Sub- division of the Bidwell Rancho" filed in the office of the County Recorder of the County of Butte, State of California in Book 7 of Maps at page 67, more particularly descrlbed.as follows: Beginning at the .Northeast corner of said Seventeenth Subdivision of the Bidwell Rancho; THENCE South 89002'02" West along the North line•of said Lots 41, 40, 25, 24, 9, and 8 a'distance of 4817.01 feet to a point.on „ the Northeasterly line of the City of Chico Airport Clear Zone Boundary; THENCE South 32038126" East along said clear zone boundary a distance of 1939.51 feet; THENCE leaving said clear zone boundary South 59126135" East a distance of 1226.39 feet; THENCE South 89032103" East a distance of 1230.04 feet;' THENCE South 71030'23" East a distance of 1544.77 feet; THENCE North 85017'32" East a distance of 426.40 feet; THENCE South 55021133" East a distance of 334.25 feet; THENCE North 68034'39" East a distance of 1514.09 to a point in the Northeast line of said lot 56; THENCE North 59003119" West along the Northeast line of lot 56 a distance of 205.24 feet; - THENCE North 36°49'54" East a distance of 225.19 feet to the Southeast corner of said lot 54; EXHIBIT "A" Page 1 of 2 By: ROLLS, ANDERSON —& ROLLS Checked: -T-A% .Approved: . = 85-.9626 THENCE North 36033108" East a distance of 104.13 feet -to the most Easterly corner of lot 54; THENCE North 45029125" West along the Northeast line of,lot 54 a distance of 809.16 feet to the Southeast corner of lot 55; THENCE North 45035105" West along the Northeast line of lot 55 a distance of 2147.93 feet to the Point of Beginning; Containing 303.43 acres, more or less. EXHIBIT "A" Page 2 of 2. By: ROLLS, ANDERSON & ROLLS r Checked: Approved: SS- 9626 EATON I - RI i• tit. � i Y -4 Ave tS ...,, _ •,r • EAST �c if y WE. •s � n t :a r y err ,ap,SET R0. LEGEND ® LOCATION OF. AVIGATION EASEMENT EXHIBIT "Baa CITY OF CHICO DEPARTMENT OF PUBLIC WORKS . AVI A DRAWN BY BA £ BY MSB PARCEL MAP NO. 62 DATE I I E I"z 2000' APPROVED BY DIRE R OF UB IC WORKS R.C.E NO. 1,8 1 I 1 J I I I i Q 9 I 24 1 25 I 40 I '41' v j i 13 "' I I I I 1 Q- -----' -----I---------T-----=----- i 55 1 26 - X39 42 22 T--- i I 1 ----1 ---�----------- 12 CHICO MUNICIPAL I 27 1- 1 I I 1 AIRPORT CLEAR' 1 37 I 38 1. 43 1 -44 1 54 ZONE BOUNDARY' O j i 1 II I SYCAMOR - O i 5352 i 56 AVIGATION EASEMENT I CREFk ©O f BOOK 2945 QR. PAGES 628=638 NOTE: AREA OF AVIGATIONAVIGATION EASEMENT EASEMENT IS 303.43 AC. BOOK *2870 O.R. PAGES 554 - 563 LINE DATA ----- ORIGINAL LOT LINE OF QI 48,17.01 :S 8900202"W NUMBER OF THE BIDWELL 1939.51' S 32°3826 "E g122.6.39, S 59 026'35 "E 1230.04' S 89°32'03"E 05 15 4-4.717 S 7.1 050'23"E © 426.40' N 85'17 32'E 07 3.34.25' S 55°21 '3.3 E „® 1514.091 N 68034'39"E Q9 ' 20524' N,590 OS 19 "W 10 225.19' N 56"49.'54 11 E I I 104.13 N 36033, 08 �E I© 809.16 N 45029'25 W 13 2147.93' N45035'05"W EXHIBIT "B" CITY OF CHICO AVIGATION EASEMENT FOR PARCEL MAP NO. 62 �EGEND Q2 LINE DATA ----- ORIGINAL LOT LINE OF THE BIDWELL 17th SUB. 24 ORIGINAL LOT NUMBER OF THE BIDWELL 17th SUB. BOUNDARY OF AVIGATION EASEMENT DEPARTMENT OF PUBLIC WORKS DRAWN BY BAN�Y FASB DATE _ I/15 1 = IRO APPROVED BY ff DIRE PUBLIC WORKS R C. E NO SHEET 2 OF 2 SHEETS AhttR R1-1LQRDIPdG, RETURN -TO FRED Df vis, CITY MANAGER MUNICIPAL BUILDING, CHICO, CALIFORNIA ERTIFICATE OF ACCEPTANCE AND CONSENT 85- 9626 s to certify that the"ihterest in then -real property conveyed by the Grant of Avigation Esmt, dated March 21, 1985 from John'D.Drake and David O. Jeffries to the City of Chico, a Municipal'Corporation, is hereby accepted by the undersigned officer on behalf of the City Council of the City of Chico, pursuant.to the provisions of Section 2R.04.030 of the Chico Municipal Code, and the grantee consents to recordation thereof by its duly authorized officer. Date: By: Fred Davis, City Manager, City of Chico ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF BUTTE ) On this day of April 19 85 before me, Margaret P.Ballinger , a Notary Public in and for the County of Butte, State of California, personally appeared Fred Davis , known to me (or proved to me on the basis of satisfactory evidence) to be the City Manager of the Municipal Cor- poration described in the within instrument, and also known to me to. be the person who executed the within instrument on behalf of the Muni- cipal Corporation therein named, and acknowledged to me that such Muni- cipal Corporation, to wit, the CITY OF CHICO, executed the within instrument pursuant to the authority granted' by the Chico Municipal- Code. My Commission expires 7-9-88 l . rif,1iFIGARET P. BALLINGER n N U . "tj dPt'n. NOTARY PUBLIC-CAUFORNIA y ' ::� Buuo County C My Commission Expires duly 9, 1988 ■ ® d p®�®nuo®e�ram�ne®ooaa�a�eao® END OF' DOCUMPNT s I ' ] 2 3 � 4 5 6 7 8' 9 lU lT 12 13 14 15 16 17 18 19 21 22 ' 23 24 � | 25/ 27 Recording.Requested By: When Recorded Mail To: � GRANT OF AVIGATION EASEMENT '"0 Co. Plan.ing '__ft /U/ 1 '� ��D� -- �" '�w� ' Deed made this day Of . l989 - , by Gregory L Webb -,and,, Stanley A. bb /herei'nafter referred to as "Grantor") to the Ranchero A-irport, /her2lnafter referred to as "Grantee").- ` � In considSration of good and valuable consideration, the receipt and . / sufficiency of which is hereby acknowledged, Grantor, for itself, its heirs,* . ` ' . administrators,, executors, SUCCSsS0rs, and assigns, does hereby grant and ' ' CODVey to Grantee., its 3Vces3Or3dnd assigns, a perpetual easement and right' of way for the unobstructed na33age' f all aircraft in the airspace above the property located in County of Butte~ State Of California., described in Exhibit . A and shown in.Exh1bit B, attached hereto and b« this reference incorporated herein (hereinafter called "the property"), for a height of 295 feet above ' sea level to an infinite height above the property. Concomitant and coextensive with.sdid easement,and right of way, Grantee ' . . shall have the continuing right to remove all or any portion Of any structure,. ' natural growth or,other object On the propertv.whiCh extends into the airspace ` over the property to d height of more than 295 feet above mean sea level' . Grantee shall have the further right`toudu3e in�all airspace �bove �the surface -of the prOpertv.3uch noise, vibrat� nS, fumes, dust, fuel particles, and all other effects that may be caused by the operation Of aircraft landing ' at or taking off from or operating at or on the Ranchero Airport; and ' Grantor does hereby fu?qywaive, remise, and -release any right or cause of. action which it may n `have or which itmay have in the future against � ' Pagel of 2 ` � a 1 Grantee, its sucessors and assigns, due to such noise, vibrations, fumes, 2 dust, fuel particles, and all other effects that may be caused or may have .: 3 been caused by the operation of aircraft landing at, or taking off from, or 4 operating at or on the Ranchero Airport. 5 Grantor, for itself, its heirs, administrators, executors, successors, 6 and assigns, does hereby agree not.to cause or permit any structure, natural 7 growth or other object on the property which extends into the airspace over 8 the property more than 295 feet above mean sea level and not to use or 9 permit the use of the property in such a manner as to create electrical 10 interference with radio communications between aircraft and the Ranchero 11 Airport, to make it difficult for flyers to distinguish between airport 12 bights and other lights, to impair visibility in the vicinity of the 13 Ranchero Airport, or to otherwise endanger aircraft landing at or taking 14 off from the Ranchero Airport. 15 This easement and right of way shall.be appurtenant to the Ranchero 16 Airport and shall be for the benefit of Grantee and members of the general 17 public operating aircraft which land at or take off from'the Ranchero 18 Airport.. 19 IN WITNESS WHEREOF, Grantor has executed this deed on the date first 20 written above. 21 22 Date Gregory L. Webb, Grantor 23 24 Stanley A. Webb, Grantor 25 26 27 28 Page 2'of 2 ACKNOWLEDGMENT State of California ) ' ) County of Butte ) On this day of before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me .(or proved to me on the basis.of satisfactory evidence) to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged to me that executed i.t. WITNESS my hand and official seal. My Commission .expires: ACKNOWLEDGMENT State of California ) County of Butte } On this day of before me, the undersigned, a Notary'Public in and for said State, personally appeared personally known to me. (or proved to me on the basis of satisfactory evidence) to be the of the corporation that executed the within instrument, and known to me to be the person(s) who executed..the'within instrument on behalf of the corporation.named therein, and acknowledged to me that such corporation executed, the within instrument pursuant to its.By- laws or a resolution of its board of -directors. My Commission expires: EXHIBIT A DESCRIPTION: All that'certain real property situate in the County of Butte, State of California, described as follows: PARCEL I: A portion of Lots 23 and 24 and of the Second Subdivision of the John Bidwell Rancho, according to the Official Map thereof on . file in the Office of the Recorder of the County of Butte, State of California, in Book 5 of Maps at page 27, and, more particularly described'as follows: BEGINNING at an iron pipe.monument on the North-South center line of said Lot 23 from which the Northeast corner of the West one=half of said Lot bears North 200.00 feet, said corner being in the center line of Sacramento Avenue (50 feet wide); thence South ^60.0 feet along said North-South center line of said Lot 23 to the Southeast corner of. the West one-half of said Lot 23; thence West 330.7 feet to the Southwest corner of said Lot 23; thence West 232.2 feet to an iron pipe monument, East 98.50 feet from the Southwest corner of the East one-half of said Lot 24; thence North 660.0 feet parallel to and 98.50 feet Easterly from the North-South center line of said Lot'2.4; thence East 232.2 feet to the Northeast corner of said Lot 24;thence East,170.7 feet to a point West 160.0 feet from the,Northeast corner of the West one-half of said Lot 23; thence South 200.00 feet to an iron pipe monument; thence East 160.0 feet to the point,(o,f beginning. w, ,. L. c — acia. /. GLIV. h / t.' T 1'4S14 6= - 1tts•�-' 40,04/ so ! 1 I YGALNUT(WPDDq aooPu aB_ too 627SAC_AA/ENTO 330 40?. 9' 330 150 Ito :400 A07 V ' /9 1 �~ 36 't9 t SACRA &LEN TOCy 160 w 42 PARK SUB. 01.43 I O14 1 tac '10 0 44 t 29 I b 5.004c. I 5CCt4c. 27 (UNlT 2) 6.J AC. ' ec. 43-39 -' SJ223• -- (73391 414. 13 2 64 85 1 ___. t �H64 ' _ N 0 2s O I 46 `: '..10.3684 _ AC 00 - I i f --r 'q,^ IS 63.9 AC 7•ySp� I 7.49 AC! rB/GCHICOCREEK - ' _ ESTATES UNIT4 �- •i; W ,,of q1477 166 48 4- 64 ��o rycr L22 :iron Js. 43-43 1 " �" __`•' _. PAI 50-15 76Av90 '•-.i' ' ii_ic`�'C.a:�•. . '. 2/ \ \� .. "• . A000 " s9Be \ �i I 43-29 ^% �,� 1 " } -•� - ' AUG 8.3 � i` =i _ Assessor's Map No. 42- /5Bidwell - ?nd Sub. /d O. R. Bk. 5 Py. 27 1 County of Butte. G,Gf, BUTTE COUNTY AIRT LAND USE COMMISSION MINUTES - June 10, 1985 Page 6,` only apply to a public airport, not a.private'airport. Dave Hironimus said this wouldn't have gotten to ALUC if there were an adopted Airport Land Use Plan for Ranchaero Airport. 0 It was moved by Commissioner Lando, seconded by Commissioner Hunter and unanimously carried, to find that this airport'.would not have a significant effect on the operations of the Ranchaero Airport. y Sigh r~TreeTentative Subdivision Map dividing 7.78 acres to create 27 lots on the south side of Sacramento Avenue, approximately 1400 ft. east of its intersection with Glenwood Avenue, identified as AP 42-15-21, Chico area. Dave Hironimus stated that this Commission had looked at this proposal last month,.and the proponents wanted to propose some solutions based on better information. The hearing was opened to the public. Greg Webb, developer -builder of the proposed project, stated that he has no objection to granting avigation easements. The proposed density of the project is 3.4 dwelling units/acre. Dave Hironimus distributed copies of the Guidebook of Airport Land Use Planning from CalTrans. He noted that at 3.4 dwelling units/acre, and 2.3 persons to a household, this would be considered well under the 100 to 150 persons per acre permitted. Commissioner Lando stated that there's been a long-standing agreement to develop this property, and if Webb wanted to enter into an avigation easement there should be no problems. A standard avigation easement could be used, such as that used by the City of Chico. Chairman Behunin wanted to know where this project is in relation to the 55 CNEL contour; Dave Hironimus said it's outside of that. Chairman Behunin observed that avigation easements also take into account noise levels of 45 dB inside homes; Dave Hironimus stated that can be added as a mitigation measure. Chairman Behunin said that - easements address height, noise, smoke, reflection, etc., Dave Hironimus pointed out that these are in the Butte County Noise Element. Commissioner Feiler asked if an avigation easement -specified that subsequent owners waive their right to complain; Commissioner Lando said that they'are giving the airport an easement "to create noise, vibration, fumes, dust, fuel particles and all other effects that may be caused by the operation of aircraft landing or taking off..." and a warning to potential buyers would show up on title reports. BUTTE COUNTY A*RT LAND USE COMMISSION • MINUTES - June 1985 Page 7 Mr. Webb wanted to know if the easement would restrict Ranchaero Airport from expanding to the south. Commissioner Feiler suggested language like, "This easement is based on the current size of the airport." Chairman Behunin pointed out that once those homes are there, if Ranchaero wanted to expand, that question would have to be addressed then. Dave Hironimus said it would take Use Permits, which would require further avigation easements. Commissioner Lando said that he would like to change what he was saying slightly,. so.that if, in the County's opinion, this Commission can require an avigation easement as part of a condition on a map, that we do so. If not, at least this Commission should require some sort of public disclosure as a part of the recording of the property, indicating that the operations of Ranchaero are close by, and indicating that there may be some disturbance due to noise, etc. Chairman Behunin proposed a.motion that this project be approved with the mitigation measure that an avigation easement be effected between the proponents and the Ranchaero Airport, to include all of the provisions for flight, noise, dust, electronic, etc. Commissioner Lando suggested including the next item on the agenda in this motion, Chairman Behunin agreed to this, and the motion was seconded by Commissioner Lando and unanimously passed. 7. Park Place : Tentative Subdivision Map dividing -*5.0 acres to create 13 parcels at 0.3 acre +/_ located approximately 500 ft. west of the intersection of Westmount Drive and Sacramento Avenue, on the south side of Sacramento'Avenue, identified as AP 42--15-07, Chico area. This proposed project was covered by the motion on the prior item on this agenda (Silver Tree). 8. Gerry DeRoco - Tentative Industrial Subdivision Map via Parcel Map (14 lots) located at the northwest corner of Highway 162 (Oro.Dam Boulevard) and 22nd Street, identified as AP 30-23-135, Oroville. Dave Hironimus commented that this proposed project is located in the clear.zone off the end of Runway 19 of Oroville Airport. Commissioner Lando.asked what the General Plan designation is; Commissioner Hunter replied M-2. Commissioner Lambert wondered whether it made a difference whether it was residential or commercial. Commissioner Lando asked what the City of Oroville's position is; Commissioner Hunter said there had been an inverse condemnation suit and he would have to defer comment to the City Attorney. Dave Hironimus observed that this proposal does not appear to conform to the draft Airport Land Use Plan. t "r BUTTE COUNTY AIRPOLAND USE COMMISSION MINUTES - May 13, 105 Page 5 Ron Graves noted that in 1981 he had done a development for Scott Rupp wherein a mitigation measure gave avigation easements; also in 1976 the City of Oroville had hired him to write avigation easements, so precedents for this have been set. Commissioner, Lambert noted that this Commission has sample avigation easements and asked if these were what he was referring to since they were obtained from the City of Or.oville. Mr.- Graves looked at the samples and stated that the model for them came from the FAA. V. NEW BUSINESS errs 0 _S=il:ver-'Tree .Subdivisro a' -T Tentative Subdivision Map - AP 42-15 21 Dave Hironimus showed, on a map, where there are already two subdivisions in place in.the approach zone, and two more that could be developed. There are orchards in the clear zone., Throughout the state, density in approach zones ranges from 4-5 per acre to 1 dwelling per 5 acres. .Allowing infilling in this area would not.be a detriment. Also, due to the prevailing winds, this is not as critical as others might be. This site is 2600' from the nearest clear zone. Chairman Behunin asked what the -current zoning is; Dave Hironimus said S -R, adding that this allows.lot size's -of 6500 square feet on sewer, and works out to 2-1/2 to 3-1/2 dwelling units -per acre. There are 27 lots in this proposed project. The hearing was opened to the public. Greg Webb, representing Webb Homes, stated that the project is at 3.4 units per acre right now. Commissioner Lambert asked, if this project were approved, would avigation easements have, to be voluntary? Dave Hironimus replied that the safety and'noise.factors can be addressed.in the initial study. Commissioner Cawthra observed that when he, himself, flies into this particular airport he usually turns shorter and doesn't even fly over the homes at all. Most planes using the airport are small planes. Commissioner Lambert.asked if flight instruction was offered; Commissioner Cawthra responded yes. Chairman Behunin commented that "other pilots might not turn short." Mr. Webbxstated that.most planes land "from over the creek." Commissioner Cawthra added that on north -wind days airplanes take off in the other direction; also; there are walnut trees in the clear zone.' Commissioner Montgomery stated he felt there was no undue risk here - because of the types of planes that use the airport. Commissioner Cawthra noted that if the airport's present tenant moves his operations to Chico Municipal Airport, the usage at this airport may drop. Commissioner Montgomery pointed out that another tenant might come in. BUTTE COUNTY AIRPORT L� USE COMMISSION MINUTES - May 13,.1985 Page 6 Commissioner Lambert asked if this Commission was setting a precedent for further development; Chairman Behunin said he would like to reserve judgment on this project until -the Airport Land Use Plan is completed. Commissioner Lambert asked what stage the subdivision is in; Mr. Webb answered that it is going to the'Advisory Agency on*May 20. Commissioner Cawthra noted that "you can't do it without a plan'." Dave Hironimus said that the'concerns of this Commission could go'into the initial study. Chairman Behunin stated that'this Commission could recommend to the Advisory Agency that approval of the project should be delayed until, . adoption of the plan; Commissioner Lambert remarked that "we just drew our lines two weeks ago." Mr. Webb said he would like to see it approved, adding that he feels it will fall within the guidelines. Chairman Behunin said he still wouldn't feel comfortable approving it at this point. Mr. Webb expressed concerned that it might be August before the plan was approved and'he hated to see -this project delayed that long. Commissioner Lambert asked if sewer service was being brought in; Mr. Webb said yes. Commissioner -Lambert -asked if the density would then be increased;' Mr. Webb said no, it could decrease but it won't increase. - Randy Co v stated that "we filed this map at Public Works in August 1984." Chairman Behunin asked when he had learned of the flight path, Mr. Coy stated "last Friday." Chairman Behunin said he hoped the checklists in the Planning Department would be modified so that airport impacts are considered and people are advised so that they know whether there is an impact or not. Fee Schedule Dave Hironimus stated that CalTrans had called to.his attention that all airports need to have approval by either the city or county they are located in before CalTrans can issue them a license. This would apply to privately -owned, privately -used airports such as Patrick; Field or Peterson's, but in several of our zones such airports do not require'a•Use Permit; therefore, there is no real approval process. Under the Public Utilities Code section,' there still has to be an approval process at the local level, and that's either the Board of Supervisors or the Airport Land Use Commission. A BUTTE-COUNTY.AIRP LAND USE COMMISSION MINUTES - May 13 85 Page 6 Commissioner -Lambert asked if this Commission was setting`a precedent for further development'; Chairman Beh.unin said he would like to reserve judgment`on this project until the Airport Land Use Plan is completed. Commissioner Lambert asked what stage the subdivision is in; Mr. Webb answered that it is going to the Advisory Agency on May 20. Commissioner Cawthra noted that "you can't do it without a plan." Dave Hironimus said that'the concerns of this Commission. could go`into the initial study. Chairman Behunin stated that this Commission could recommend to the. Advisory Agency that approval of the project should be delayed until adoption of the plan; Commissioner Lambert remarked that "we just drew our lines -two weeks ago." Mr. Webb said he would like to see it approved, adding that he feels it will fall within the guidelines*.'• Chairman Behunin said,he still wouldn't,feel comfortable approving it at this point. Mr. Webb expressed concerned that it might be August before -the plan was approved and he hated to see -this project delayed that long. Commissioner.Lambert asked if sewer service was being brought in; Mr., Webb said -yes. Commissioner Lambert asked if the density would then' be d ncreased; Mr. Webb said no, it could decrease but it won't increase. Randy Co v stated that "we filed this map at Public Works in August 1984:"- Chairman Behunin'asked when he.had learned of the flight path, Mr., Coy stated "last Friday." .'Chairman Behunin said he hoped the checklists in the Planning Department would be modified so that airport impacts are considered and people are advised so -that they.know'whether there is an impact or not. < Fee Schedule Dave Hironimius stated that-CalTrans had called to his attention that .,all airports need to.have"approval by either the city or; county they are located in before CalTrans,can issue them'a license. This would apply to privately-owned,•'privately-used airports such as Patrick, Field or.Peterson's, but in several of our zones such airports do not require a Use Permit; therefore, there is no real approval process. Under the Public Utilities Code section,•there still has to be an approval process at the local level, and that's either the Board of Supervisors or•the Airport Land Use Commission. F C 4 BUTTE COUNTY AIRPORT LUSE COMMISSION • MINUTES - May 13, 1985 Page 5 Ron Graves noted that in,1981 he had done a development for Scott Rupp wherein a mitigation measure gave avigation. easements; also in 1976 the City of Oroville had hired him to write.avigation easements, so precedents for this have been set. Commissioner Lambert noted that this Commission has sample avigation easements and asked if these were what he was referring to since they were obtained from the City of Oroville. Mr. Graves looked at'the samples and stated that the model for them came from the FAA. V. NEW BUSINESS Silver Tree Subdivision -Tentative Subdivision Map AP 42-15-21 Dave Hironimus showed., on,a map, where there are already two subdivisions in place in the approach zone, and two more that could be developed. There are orchards*in'the clear zone.' Throughout the state, density in approach zones ranges from 4-5 ,per acre to 1 dwelling per 5 acres. Allowing infilling in this area would not be a detriment. Also, due to the prevailing winds, this is not as,critical as others might be. This site is 2600''from the nearest clear zone. Chairman Behunin asked what the current zoning is; Dave Hironimus said S -R, adding that this allows.lot sizes of 6500 square feet on sewer, and works out to 2-1/2 to 3-1/2 dwelling units- per acre. There are.27 lots in this proposed project. The .hearing was opened.to the public. Greg Webb, representing Webb Homes, stated that the project is at 3.4 units per acre right now. Commissioner,Lambert asked, if this project were approved, would avigation easements have'to be voluntary? Dave Hironimus replied that the safety and noise factors can be addressed in the initial study. Commissioner Cawthra observed that when he, himself, flies into"this particular airport he usually turns shorter and doesn't even fly over the homes at all. Most planes using the airport are•small*planes. . Commissioner Lambert asked if flight instruction was offered; Commissioner Cawthra responded yes. Chairman Behunin commented that "other pilots might not -turn short." 'Mr. Webb stated that most planes land "from over the creek." Commissioner Cawthra added that on north -wind days airplanes take -off in the other direction; also, -there are walnut trees in the clear zone. Commissioner Montgomery stated he felt there was no undue risk here because of the types of planes that use the airport. Commissioner Cawthra noted that if the airport's present tenant moves his operations to Chico Municipal Airport, the usage -at this airport may drop. Commissioner Montgomery pointed out that -another tenant might come in.