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HomeMy WebLinkAbout047-230-028Butte County Department of Development Services Planning Division Airport Land Use Commission June 20, 2007 Meeting AGENDA ITEM — E.2 TO: Honorable Chair and Airport Land Use Commission FROM: Mark Michelena, Senior Planner DATE: June 20, 2007 ITEM: Stephen Shuster (Modified Emerald Sea Tentative Subdivision Map), APN 047-230-028, 047-700-003 and 047-200-004: A Tentative Subdivision Map to divide a 250 acre project site into 34 residential parcels ranging in size from 1.39 acres to 64.60 acres. Three additional `lettered' parcels are proposed encompassing areas designated as follows: Lot A- Sewage Disposal Area; Lot B- Detention and Water Quality Basin; Lot C- Common Area along the Rock Creek Corridor. The project site is located approximately 2.5 miles east of State Highway 99 on the north side of Keefer Road, east of the terminus of Hicks Lane at Keefer Road, at 3746 Keefer Road, Chico ATTACHMENTS: A. Finding and Conditions B. List of References C. Project Location and Compatibility Zones D. Revised Tentative Subdivision Map E. Development Agreement F. -Previous ALUC Agenda Report (February 16, 2005) G. ALUC Minutes (February 16, 2005) SUMMARY: The project was presented to the Airport Land Use Commission (ALUC) on February 16, 2005 for consistency review. The project was submitted under the Flexible Lot Provision of the Butte County Code (BCC 24-82) and applying the clustering provision of the Butte County Airport Land Use Compatibility Plan. The previously submitted project was determined consistent, with findings and conditions. It was determined at a later date that the proposal to create parcel sizes less than the 3 acres in size within the SR -3 zoning classification was to be done not through the Flexible Lot Provision, but by a DTU (Density Transfer Units) through a Development Agreement for the Sierra Moon Subdivision. ■ Butte County Department of Development Services ■ Airport Land Use Commission June 20, 2007 ■ il Shuster (Emerald Sea TSM) ■ Page 1 of 3 ■ _. � . y � } + .. .� - - '� . S ,. ' '. � , i } t� i i- � ..r ��, tot� ,�` i .,,� f3 4 .. .� � . 1•. s ;" ,i' '' r a .. �y: ` � - - Jt; ' _ r V r • t r_ _. � . y � } + .. .� - - '� . S ,. ' '. � , i } t� i i- � ..r , Yi _. , r' ,� ' '. t 'i.. -� i- � ..r , Yi tot� f3 4 .. .� � . Staff has brought the projectback,-which has made some minor modifications., to obtain a new: _ determination of consistency, with new findings and, conditions. ~ ANALYSIS:.-,,.'' a The following table identifies the proposed changes to the project. Compatibility Project ` Allowed: � •, Previous Currents "Zone Acres density °, Submittal " . Submittal' r 84.04 8.4 allowed - 8.4 allowed . Zone B 1- 0.1 du/ac acres -7 6 proposed' 6 proposed -'60.27 12 allowed. 12 a -lowed . Zone B2•' 02 du/ac acres 12 proposed 12 proposed y 105.69 21.1 allowed 21.1 allowed Zones C 1. 0.2 du/ac acres 16 proposed 16 pr-jposed ' 3 -, Y � ' Allowed: 41.5 Allowed: 41.5 Total Number of Dwelling Units Proposed: 34' Propcsed: 34 = Lot Size Range' 1.41 ac to 67.76 ac 1.39 ac to 64.60 Lot A — 4.5 acres Nonresidential Lots 4' Lot A — 4.5 acres Lot B - 3.63 acres • . Lot C — 10.17 acres 1 '- An incorrect lot count was used in the previous staff report to ALUC • Lot A - Community wastewater disposal area , L`ot B — Detention basin Lot C — ,Open space common area s • The - use _ of the DTU .would allow for the creation of the smaller lot sizes than would,, �Y ' otherwise be permitted within the SR-3/NCSP zone. T t • The number - of residential parcels has remained the same (34). The number of parcels in each of the` airport compatibility zones has not changed. The lot sizes have remained 1. generally the same. f •' The proposed project includes two additional nonresidential lots. The first, Lot B, is a 3.63 acre. detention and water quality basin. The second, Lot C, is a 10.17 acre common open', spacearea between Rock Creek and the northern portion of the internal loop road (Kiwi Loop). ■ Butte County Department of Development Services ■ Airport Land Use Commission Ju --.ie 20, 2007 ■ .; ■ Shuster (Emerald Sea TSM) ■ Page 2 of 3 ■ ; - t <'- " • r, -i 1 '- An incorrect lot count was used in the previous staff report to ALUC • Lot A - Community wastewater disposal area , L`ot B — Detention basin Lot C — ,Open space common area s • The - use _ of the DTU .would allow for the creation of the smaller lot sizes than would,, �Y ' otherwise be permitted within the SR-3/NCSP zone. T t • The number - of residential parcels has remained the same (34). The number of parcels in each of the` airport compatibility zones has not changed. The lot sizes have remained 1. generally the same. f •' The proposed project includes two additional nonresidential lots. The first, Lot B, is a 3.63 acre. detention and water quality basin. The second, Lot C, is a 10.17 acre common open', spacearea between Rock Creek and the northern portion of the internal loop road (Kiwi Loop). ■ Butte County Department of Development Services ■ Airport Land Use Commission Ju --.ie 20, 2007 ■ .; ■ Shuster (Emerald Sea TSM) ■ Page 2 of 3 ■ ; - t <'- " ENVIRONMENTAL DOCUMENTATION: Environmental documentation has not been completed for this project. Commission's review of the proposed project and determination of consistency is not a "project" under the California Environmental Quality Act. RECOMMENDATION: Staff recommends that the Butte County Airport Land Use Commission find the modified Shuster — Emerald Sea Tentative Subdivision Map consistent with the 2000 Airport Land Use Compatibility Plan for the Chico Municipal Airport and that the use of the Density Transfer Units is consistent with the Development Agreement for the project, based on the findings and subject to the recommended conditions. G:WDMINISTRATION\ALUC\ALUC Applications\2007 FILESTmerald Sea Subdivision Agenda - 6-20-07\Emerald Sea Subdivision Agenda Report 6-20-07.doc 1 ■ Butte County Department of Development Services ■ Airport Land Use Commission June 20, 2007 ■ ■ Shuster (Emerald Sea TSM) ■ Page 3 of 3 ■ EXHIBIT A BUTTE COUNTY AIRPORT LAND USE COMMISSION CONSISTENCY FINDINGS FOR ( REVISED EMERALD SEA TENTATIVE SUBDIVISION MAP), APN 047-700-004,-003, and 047-230-028 The Airport Land Use Commission (ALUC) has prepared the following findings based on data contained in the 2000 Airport Land Use Compatibility Plan (ALUCP) for the Chico Municipal Airport and in the Development Agreement, as well as site specific information submitted by the applicant and ALUC staff. The following findings have been prepared at the direction of the ALUC and are for the consideration of the Lead Agency (County of Butte) when making a decision on the project. SECTION 1: ENVIRONMENTAL FINDINGS A. Environmental documentation has not been completed for this project. B. ALUC consistency review is not a project subject to the California Environmental Quality Act. SECTION 2: CONSISTENCY FINDINGS FOR PROPOSED PROJECT A. The proposal for the Emerald Sea Tentative Subdivision Map, which would' divide three parcels totaling 250 acres into 34 single family residential lots' ranging in size from 1.39 to 64.60 acres, is consistent with Compatibility Zones B1, B2, and C1 as found in the 2000 Airport Land Use Compatibility Plan. B. The 250 acre project site is subject to 3 different Airport Compatibility Zones: • Airport Compatibility Zone B1 (Approach/Departure Zone) — 84.04 acres • Airport Compatibility Zone B2 (Ext.Approach/Departure) — 60.27 acres • Airport Compatibility Zone C1 (Traffic Pattern Zone) —105.69 acres • According to 2000 ALUCP Policy 4.2.6 (b), (amended on December 15, 2004) clustering of new residential development is limited in each of the applicable Compatibility Zones to a maximum of 4 dwelling units/acre. . • The 2000 ALUCP policies regarding density, parcel size, and clustering are upheld by this project. The Tentative Map complies with each Compatibility Zone's densities limitations and does not exceed the allowed number of dwelling units. • The parcel sizes proposed by the Tentative Map would be largest within the 131 Compatibility Zone, closest to the extended runway line. Smaller parcels -would be located approximately 1,500 feet to the east of the extended runway line. C. The project complies with the total number of parcels that would be allowed under the 2000 ALUCP. The total number of parcels proposed under this proposal is 34 (excluding "Lot A" sewage disposal area, "Lot B" drainage and water quality basin, and "Lot C" common open space area), which is 7.5 parcels less than the 41.5 allowed under the applicable compatibility zones (see Agenda Report Table). D. The project parcels are consistent with the DTU (Density Transfer Units) that are part of the Development Agreement for the Sierra Moon Subdivision. E. The project complies with the minimum allowed parcel sizes that would be allowed by the 2000 ALUCP. The smallest parcel size on the proposed tentative map is 1.39 acres. All of the parcels substantially exceed the one-quarter acre minimum parcel size as required by the clustering policies of the 2000 ALUCP. F. The project is conditioned to satisfy the minimum open space requirement for each Compatibility Zone in accordance with the 2000 ALUCP. G. No structures on the project site would extend into protected airspace. H. The project site is outside of the 55 dB CNEL noise contour. SECTION 4: PROJECT CONDITIONS: 1. Record an Airport Proximity of Acknowledgement notice notifying purchasers of the proximity of the airport and the potential for possible noise related impacts in an ALUC-approved disclosure notice. 2. Prior to the recordation of the Final Map record as a separate instrument an Avigation Easement granting the right of continued use of the airspace above the proposed parcels by the Chico Municipal Airport and acknowledging any and all existing or potential airport operational impacts. 3. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "An Avigation Easement is recorded above the parcels for the Chico Municipal Airport and acknowledging any and all existing or potential airport operational impacts." 4. Open Land as required by the 2000 Airport Land Use Compatibility Plan shall be provided. The applicant shall designate the required open land on the Final Map as per the open land requirements shown below. Once so designated, a note shall be place upon the map or on an additional map sheet indicating: "This open land is designated to comply.with the 2000Airport Land Use Compatibility Plan. This area shall remain free of structures and other major obstacles such as walls,' large trees, or poles (greater than 4 inches in diameter, measured 4 feet above the ground), and overhead wires. 0 2000 ALUCP Open Land Requirements Compatibility Zone % Open Land Required Total Acreage of Zone Required Open Land (acres) BI 30% 84.04 25.2 B2 20% 60.27 12.1 C 10% 105.69 10.6 Totals: 250 47.9 For parcels located within Compatibility Zone B 1: 5. Gross density shall not exceed 1 dwelling unit/10 acres 6. Minimum Parcel Size is 1/4 acre. 7. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Residences and all buildings shall be located as far as practical from the Chico Municipal Airport extended runway centerline." 8. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Maximum Building Height 2 stories." 9. Place a note on a separate document which is to be recorded concurrently with the . final map or on an additional map sheet that states: "As a condition for the issuance of any Building Permit on these parcels Minimum Noise Level Reduction of 25 dB is required for construction of all residences." 10. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Airspace review by the Airport Land Use Commission is required for all objects >35 feet in height." For parcels located within Compatibility Zone B2: 11. - Gross residential density shall not exceed 1 dwelling unit/5 acres. 12. Minimum Parcel Size is 1/4 acre. 13. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Residences and all buildings shall be located as far as practical from the Chico Municipal Airport extended runway centerline." 14. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Maximum Building Height 2 stories." 15. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "As a condition for the issuance of any Building Permit on these parcels Minimum Noise Level Reduction of 20 dB is required for construction of all residences." 16. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet . that states: "Airspace Review by the Airport Land Use Commission is required for all objects >70 feet in height." For parcels located within Compatibility Zone C 1: 17. Gross residential density shall not exceed 1 dwelling unit/5-acres. 18. Minimum parcel size is 1/4 acre. 19. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Residences and all buildings shall be located as far as practical from the Chico Municipal Airport ' extended runway centerline." 20. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Airspace Review by the Airport Land Use Commission is required for all objects >100 feet in height." 21. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Maximum Building Height 2 stories." EXHIBIT B List of References Data supporting the ALUC's findings have been generated from studies and reports prepared by recognized professionals and agencies with expertise in Airport Land Use Plan_zing and land use compatibility. These include, but are not limited to: Butte County 2000 Airport Land Use Compatibility Plan Emerald Sea Tentative Subdivision Map EXHIBIT C Project Location and Compatibility Zones NORTH PaaEcr _� �ounax t�: � •awe._--- o�.' � 9 / '. VMWNNAP _-------------- --------- - -- - _ 03 iB l m . . .t: � • l jam" 1' i'".• /� � �wrn� ,/ � ark. ,I�°c.�: •� �„w...m °"..m.m R • _ gg� LCT�N • � arm' TWATNESUBDMSIDNNAP m E1ERAlD MA SUBNN510N • �.To.' ,:D.Te 1, ____ ___ ":av?'Al . Sd1USTER CUSTOM HOME EXHIBIT E Development Agreement a DEVELOPMENT AGREEMENT BY AND BETWEEN BUTTE COUNTY AND DOUGLAS N. GUNN, TRUSTEE OF THE ROBERT AND ANN STEPHENS CHARITABLE REMAINDER UNITRUST, ET AL. This Development Agreement is entered into this 1 st day of December, 1998, by _and between BUTTE COUNTY, a political subdivision of the State of California, hereinafter "County," and DOUGLAS N. GUNN, Trustee of the Robert and Ann Stephens Charitable Remainder Unitrust, hereinafter collectively "Landowner,". pursuant to the authoriay of Sections 65864 through 65869.5 of the Government Code of California Recitals a A. ,authorization. To strengthen the public planning process, encourage private J participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864, 9 M., of the Gove-nment Code (the "Development Agreement Statute"),,- which authorizes the County and an applicant for a development project to enter into a development agreement, establishing certain levelopment rights in the Property which is the subject of the development project application. B. Property. The subject of this Agreement is the development of an approximately 230 acre portion of that certain parcel of land, identified as APN 047-250-141 consisting of a total of approximately 300 acres, located in the unincorporated area of Butte County within the North Chico Specific Plan area (the "NCSP") as described in Exhibit "A-1" and shown on Exhibit "A-2" (hereinafter the "Property"), attached hereto and incorporated herein by this reference. Landowner represents that all persons holding legal or equitable interests in the Property shall be bound by the Agreement. Page 1 002468 C. can H . On August 27, 1998, the County Planning Commission, designated by . Butte County Resolution No. 84-160 as the planning agency for ...purposes of development agreement review pursuant to Government Code Section 65867, in a duly noticed and conducted public hearing, considered this Agreement and recommended that the Board of Supervisors approve this Agreement. D. Environmental Documents. On December 1, 1998, the Board of. Supervisors, in Resolution 98-172, adopted a Mitigated Negative Declaration for the Entitlements which tiered off of the NCSP Environmental Impact Report (EIR). Mitigation measures were included in the , Mitigated� Negative Declaration and are incorporated, pursuant to the requirements of the California Environmental Quality Act CCEQA"), in the terms and conditions of this Agreement, as reflected by the findings concurrently adopted by the Board of Supervisors with this Agreement. E. Fn+i+lementS: The Board of Supervisors has approved the following land use entitlements for the Property, which entitlements are the subject of this Agreem--nt: (1) - Amendment to the North Chico Specific Plan, as adoptee by Resolution No. 98-172, for 229.2+ acres; (2) The Rezoning of.the Property from SR -1 and SR-1/OS a. --res to Planned Development SR-1/PD on 126.1± acres which generates the.ability to develop up to 126 units (single-family home lots) and from OS to OS/PD on 103.1± acres which generates the ability to develop up to 34 additional units for a total of 160 units, pursuant to Ordinance No. 3462, dated December 1, 1998; and (3) 'This Development Agreement, as adopted by Ordinance Pio: 3463, dated December 1, 1998. The approvals described in paragraphs E (1) through (3), inclusive, together with all County rules, ordinances, regulations and policies applicable thereto adopted and in effect as of the.' effective date of this Agreement, are referred to herein as the "Entitlements." Page 2 nn�A Q F. General and Specific Plans. Development of the Property in accordance with the Entitlements and this Agreement is consistent with and will provide orderly growth and development of the area in accordance with the policies set forth in the General Plan and NCSP' and the County finds and declares that this Agreement is consistent with the General Plan of Butte County and with the North Chico Specific Plan. For purposes of the protection granted by this Agreement, except as otherwise provided herein, the applicable law shall t<e as set forth in the Entitlements as of the date hereof. G. Substantial Costs to Landowner. . Landowner has incurred and, will incur substantial' costs in order to comply with conditions of approval of the Entitlements and to assure development. of the Property in accordance with the Entitlements and the terms of this Agreement. H: Services and Facilities to be Provided. Development of the Property, will result in' .. a need for certain municipal services and facilities, some of which will be provid--d by County . to such development through the implementation of the NCSP and some of which will be provided by Landowner subject to the performance of Landowner's obligations hereunder.. Landowner agrees to contribute to the costs of certain public facilities and services as required herein to mitigate impacts on the community of the development of the Property:, and County agrees to implement the NCSP to assure that Landowner may proceed with and complete development of the Property in accordance with the terms of this Agreement. If County specifies . that Landowner provide contributions of land or money, other than the dedication of the drainage easement right-of-way depicted in Exhibit "B", for public improvements which exceed requirements to mitigate impacts arising as a result of development entitlements on. the Property, County shall reimburse Landowner in the manner specified in Section 4.3 of this Agreement. I. Development Agreement Resolution. County and Landowner have fulfilled all requirements set forth in the Development Agreement Resolution of the County of Butte, Resolution No. 84-160, adopted by the Board of Supervisors on.October 2, 1984, as amended. Page 3 0O.'470 I. AGREEMENT . x SECTION 1: GENERAL PROVISIONS. 1.1- Incorporation of Recitals.. The Preamble, the Recitals and all defined terms set forth in both are hereby incorporated into this Agreement as if set forth herein in full. 1.2 Prol2e= Descri0on and Binding Covenants. The Property comprises those portions of that property identified as APN 047-250-141 and described in Exhibits `A-1" and "A- 2". It is intended and determined that the provisions of this Agreement shall constitute covenants which shall run with the Property and the benefits and burdens hereof shall. bind and inure to all successors in interest to. and assigns of the parties hereto. Accordingly, all references herein to "Landowner" shall mean and refer to DOUGLAS N. GUNN, Trustee of the Robert and Ann Stephens Charitable Remainder Unitrust, and each and every subsequent purchaser or transferee of the Property or any portion thereof from Landowner. 1.3 . Term: 1.3.1. Commencement Expiration The term of this Agreement shall commence upon the effective date of the Adopting Ordinance approving.this Agreement. This Agreement shall extend for a period of fifteen (15) years thereafter, unless said term is terminated, modified or, extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto. Following the expiration of the term, this Agreement shall be deemed terminated and of no further force and effect; provided, however, said termination of the Agreement shall not affect any right or duty nor the ability to construct any improvements, facilities, buildings or the like partially or completely constructed emanating from County entitlements on the Property approved prior to, concurrently with, or subsequent to the expiration of this Agreement. 'At the date of recordation of part or all of Final Subdivision Map(s), this Agreement shall terminate as' to those maps orIparts of maps so recorded, unless specified otherwise in Subdivision Agreements or other agreements between Landowner and County regarding the timing, payment, security or other arrangements for site development or improvement installation. or related matters. County shall cause any written notice of termination approved pursuant to this subsection to be recorded against the applicable parcel, at Landowner's expense, with. the. County Recorder. 1.3.2 Termination U=n Mutual AgTeemen This Agreement may be terminated upon the written mutual agreement of the parties. Page 4 004"Al 1 :J 1.4 Amendment of A reemen . This Agreement may be amended from time to time by mutual consent of County and Landowner, in accordance with the provisions of the Development Agreement Statute. The parties acknowledge that under the County Zoning Code and applicable rules, regulations and policies of the County, the Director of Development Services has the discretion to approve minor modifications to approved land use entitlements without therequirement for a public hearing or approval by the Board of Supervisors. Accordingly, the approval of any minor modifications to the Entitlements consistent with this Agreement shall not constitute nor require an amendment to this Agreement to be effective. 1.5 Recordation, The County shall cause this Agreement, any amendment.hereto and any termination thereof to be recorded, at Landowner's expense, with the County Recorder within ten (10) days of this Agreement, amendment or termination becoming effective. SECTION 2: DEVELOPMENT OF THE PROPERTY 2.1 Permitted Uses. The permitted uses of the Property, the maximum density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, and location of public improvements, and other terms and conditions of development applicable to the Property shall be those set forth in the Entitlements and in this Agreement. 2.2 Vested Entitlements. Subject to the provisions and conditions of this Agreement, via County -agrees that County is granting, and grants herewith, the Entitlements set forth in Recitals E., above. Landowner's vested right to proceed with the development of.the Property shall be subject to subsequent approvals, including without limitation, environmental review as required by CEQA, tentative subdivision maps, final subdivision maps, grading permits, building permits, final inspections, etc., provided that any conditions, terms, restrictions and requirements -for such subsequent approvals shall be consistent with the Entitlements set forth in Recitals E., above. As specified in Government Code Section 65866, this Agreement shall not prevent County from applying new rules, regulations or policies which do not conflict with existing rules regulations or policies applicable to the property or prevent the County from approving, conditionally approving or denying any subsequent development project applications on the basis of existing or new rules, regulations, and policies. Page 5 04J000"472 2.3 Existing Improvements. It is recognized that the property is developed with an existing single family residence that is located with the OS/PD zone. The existing dwelling will be allowed to remain as a pre-existing non -conforming use and shall be counted as one of the 34 Density Transfer Units (DTUs) described in Section 3.4. As such, the net number of DTUs shall be 33 unless the existing residence is removed in which case the total 34 DTUs may be transferred. Any reference to 34 DTUs in this document shall take into account the preceding limitation. 2.4 Rules, Regulations and Official Policies. 2.4.1 lnconsistencv. To the extent any future rules, ordinances, regulations or policies applicable to development of the Property are inconsistent with the. Entitlements as provided in this Agreement, the terms of the Entitlements and this Agreement shall prevail, unless the parties mutually agree to alter this Agreement. 2.4.2 AMlication of Chang. This section shall not preclude the application to development of the Property, of changes in County laws, regulations, plans or policies, the terms of which are specifically mandated and required by changes in- State or.. Federal laws or regulations. In the event State or Federal laws or regulations. enacted after this Agreement has been executed., or action of any governmental jurisdiction, prevent, delay or preclude compliance with one or more provisions of this Agreement, or require changes in plans, maps or permits approved by County, the parties agree that the provisions of this Agreement shall be modified, extended or suspended as may be necessary to comply with such State and Federal laws or regulations or the regulations of other governmental jurisdictions.. Each party agrees to extend to the other its prompt, good faith and reasonable cooperation in so modifying this Agreement or approved plans. 2.4.3 Authority of Countv. This section shall not be construed to limit the authority or obligation of County to hold necessary public hearings, or to limit discretion of County or any of its officers or officials with regard to rules, regulations, ordinances, laws and entitlements of use which require the exercise of discretion by County or any of its officers or officials, provided that subsequent discretionary actions shall be consistent with the uses and the density and intensity of development as provided by the Entitlements and this Agreement, in effect as of the effective date of this Agreement. Page 6 00447 I SECTION 3: LANDOWNER OBLIGATIONS Landowner shall .dedicate and County shall accept Lan 3.1 �, - �..�P,,,Pnt Dedication. an easement substantially as depicted on Exhibit "B", for construction and maintenance of drainage improvements to consist of a connector canal between Keefer Slough and Engineers.Cr and necessary Creek ro osed b tintake and outfall structures as may be p he Army Corps p Y. De Transfer of the easement and recordation will occur simultaneously wi-h velope Agreement execution and recordation: Landowner shall only be obligated to pay Landowners ties if suchproportionate share for design, construction, and maintenance of the drainage olf a County share is lawfully imposed through fees or assessments adopted by or on behalf Service Area or Assessment District or other similar entity to design, construct; or maintai maintain facilities for the general area The parties agree that a new deeded easement sl_all be substituted if recommendations from the Army Corps of Engineers change the location or dimensions of the 0 previously deeded easement. Mitt ion. Landowner shall create, or link the connector canal to, 3.21t.. T)ra;naae detention basin(s) or ecuivalent means to topographic features or facilities which will serve as mitigate stormwater runoff from the Property during :peak- storm events to a level that is at least ten percent (10%) below pre -development runoff conditions. Landowner will comply with the Airport Land Use 3.3 Amort rro cti�n 20, Commission (ALUC) conditions, both required and .recommended, from A�UC's August. 19cY 98 consisten findings transmittal as set forth in Sections 3 and 4, in attached Exhibita and 1998 in order to rurumize noes as amended by the Board of Supervisors on December 1, , safety concerns regarding the Chico Municipal Airport (CMA)when exercising the Entitlements agrBed to in this document and described in Section 3.4 immediately below. Said conditions are �. as follows: Wti . 1, The minimum lot size for any parcel shall not be less than 3,125 square feet if --° served by individual wells and on-site sewage disposal systems, or 6,500 square feet if public sewage disposal service is provided. 2. Residential development shall be restricted to those portions of the 126 acre SR - L 1/PD area that are located outside of the projected 55 dB C11EL contour as Page 7 00 4`7y depicted on Exhibit III -1 within the 1995 Chico Municipal' Airport FAA Part 150 Noise Compatibility and Environs Plan. 3. Residential densities within the Inner Turning Zone shall be restricted to the densities recommended within the 1993 Airport Land Use Planning Handbook (nor more than one dwelling unit per two acres) to protect the safety of aircraft and persons on the ground. Residential densities within the Traffic.Patterm Zone shall not exceed 6 units per acre. 4.. Residential dwelling units shall be designed and constructed to achieve an interior noise level of no more than 45 dB. 5. The property owner shall sign an avigation easement granting the right of continued use of the Chico Municipal Airport in the airspace above the subject parcel and acknowledging any and all existing or potential airport operational impacts. 6. The project proponents and the County shall devise enhanced airpert operations disclosure measures which include deed notices, public notices, inclusion of information in the Department of Real Estate Public Report, and signage along the entrances to the project. , 7. All land use shall be restricted from creating large concentrations of people that would result in the gathering of more than 60 persons per acre wi-hin the Inner Turning Zone or 150 persons per acre within the Traffic Pattern Zcne at any one time. 8. Land uses shall be prohibited that create bright lights, smoke, particulate emissions, or allow for the storage of hazardous, flammable or explosive materials above ground. 9. All project lighting shall be directed within the project site and shiel Jed to prevent adverse impacts on adjacent properties and aircraft flight activities. Page 8 0014:E�} M 10. Section 3.3 of the Development Agreement shall be modified to reference those conditions required and recommended in Sections 3. A and 4. "A through H" in the Butte County Airport Land Use Commission's August 19, 1998 Findings relative to the Draft Development Agreement. 11. Section 3.4 of the Development Agreement shall be revised to reflect the applicants' commitments to the Board of Supervisors and the ALUC regarding the Airport Land Use Commission's review of the tentative subdivision map to create. the 34 Density Transfer Units (DTU's) within the 126 acre portion of the property or other property located within the North Chico Specific Plan Area _ The Development Agreement shall stipulate that the tentative subdivision map to create 34 DTUs within the 126 acre portion of the subject property is to be reviewed by the Airport Land .Use Commission for consistency with the Updated CLUP for the Chico Municipal Airport when adopted or the existing Chico Municipal Airport Environs Plan, if the CLUP update has not been completed within 30 months from the date that the Development Agreement is executed. If the proposal to create the 34 DTUs within the 126 acre portion of the property is found by the ALUC to be inconsistent with the applicable Airport Land Use Plan, the property owner/applicant may request that the Board of Supervisors adopt Over=riding Findings to _ approve the project. . However, if a finding of inconsistency is made by the ALUC to create the 34 DTUs within the 126 acre portion of the subject property, the property owner/applicant may submit a subsequent tentative subdivision map. to create the 34 DTUs within another property that is located within the North Chico Specific Plan Area The tentative subdivision map for such a transfer must also be reviewed by the Airport Land Use Commission for consistency with the applicable Airport Land Use Plan. The property owner/applicant may request that the Board of Supervisors adopt Overriding Findings to approve the transfer of the units to another property if that proposal is also found to be inconsistent by the ALUC. 3.4 Subdivision Map Processing. Landowner anticipates submitting two or more subdivision maps for up to 160 units on the Property. Landowner may submit and County shall promptly process the first subdivision map for up to 126 units in the SR-1/PD zone. This Page 9 - 0024-7u subdivision map shall only need to be processed by County's Development Review Committee, unless appealed to the Board of Supervisors. Landowner may submit and County shall promptly review a second subdivision map for up to 34 additional density transfer unit-.("DTUs") to be built in the SR-l/PD zone or elsewhere within the NCSP pursuant to Section 4.1 of this Agreement, after adoption of a Comprehensive Land Use Plan (CLUP) Update for the CMA by the. Butte County Airport Land Use Commission (ALUC). As to any DTU, Landowner and County agree that the subdivision map shall be brought before the ALUC for a determination of whether significant airport compatibility issues exist or whether they have otherwise been satisfactorily mitigated by subdivision design criteria. T' the ALUC det~rmines that the subdivision. map is consistent with noise and safety criteria in the CLUP Llpdate which are consistent with California Public Utilities Code Section 21670, the subdivision map shall be processed in accordance with the Entitlements. If the proposal is found by ALUC to be inconsistent with the applicable Airport Land Use Plan, the property owner/applicant may request that the Board of Supervisors adopt overriding findings to approve the project or they may submit a subsequent tentative subdivision map to create the 34 DTUs on another property within the North Chico Specific Plan, pursuant to Section 4.1 of this Agreement. The tentative subdivision map for such a transfer must also be reviewed by the ALUC for consistency v&ith the applicable Airport Land Use Plan The property owner/applicant may request that the BoGrd of Supervisors adopt overriding findings to approve the transfer of the units to another property if that proposal is also found to be inconsistent by the ALUC. If a CLUP Update has, not beAn adopted within 30 months of the effective date of this Agreement. the subdivision map for Ihe DTUs shall be processed and CMA compatibility determined pursuant to the CLUP or its equivalent which was date of this Agreement. Landowner agrees not to request in existence as of the effective extensions of approved subdivision maps beyond the 15 year term of this Agreement. At the time of recordation of final subdivision maps, Landowner and County agree to anter into mutually acceptable Subdivision Agreements regarding timing and security arrangements for the installation of site improvements. 3.5Ramon of Creek Comdor O n n . Landowners will reserve in open space a 50 -foot corridor on the Property from the outer edge of the north side of Mud Creek and plant native trees and shrubs to create wildlife habitat and improve aesthetics as specified in. subdivision map conditions. Landowner shall reserve a 50 -foot open space corridor from the top of bank along both sides of Keefer Slough on the Property and plant native trees and shrubs along this drainage as specified in subdivision map conditions for the same purposes. Open space preserved on-site will be credited towards PD Ordinance open space requirements. 1.0 13 EI LI Page 10 00,24-11'14 O 4r� 3.6 Dedicafion of Public Trail Easement. Upon recordation by Landowner of a final subdivision map for the first 126 units on the Property, Landowner will dedicate to the Chico Area Recreation District ("CARD"), or other entity acceptable to County, an easement for a public bicycle/hiking/pedestrian trail along Mud Creek and Keefer Slough. Landowner will construct trail improvements and be reimbursed by County or CARD, as applicable, pursuant to this Agreement and the NCSP for the cost of improvements. At the.time that Landowner records a final subdivision map for the DTUs, Landowner will enter into a conservation easement with a public agency or non-profit organization to retain the approximately 103.1 acres adjacent to the airport as permanent open space, or if no such entity will accept such open space, then to the County. 3.7 Nor+ii Chico Specific Plan Policies. Landowner agrees to comply with the design requirements and development standards specified in the NCSP as amended by this Development Agreement. 3.8 Develoment Connection Fees. Except as otherwise provided herein, any and all required payments of development, connection or mitigation fees by Landowner shall be made in the amount specified by then applicable County ordinances, either in effect as of the date of this Agreement, subject to adjustment or subsequent adoption in accordance with Section 3.10. 3.8.1 School Fee Aexeements. So long as Landowner is paying to School District the state authorized fees then adopted and in force taking into consideration NCSP School Policies 1-4 on page 6-15 of the NCSP, County shall not refrain from approving any subdivision maps or other such entitlements for the Property or from issuing any building permits for development thereof consistent with the Entitlements on the basis of adverse impacts of this development on school facilities. 3.8.2 Q uln vide Facilities Fees. Notwithstanding anything to the contrary in Section 2.4 of this Agreement, Landowner will be given a credit against any county -wide, NCSP or CSA 87 impact mitigation fees for the reasonable value of land, drainage facilities or other improvements which Landowner dedicates or elects to install at Landowner's own expense. 3.9 Processing Fees and Charges. Landowner shall pay those processing,.. inspection and plan check fees and charges required by County under then current regulations for. Page 11 000"470 processing applications and requests for permits, approvals and other actions, and monitoring compliance with any permits issued or approvals granted or the performance of any conditions with respect thereto or any performance required of Landowner hereunder. Rz 3.10 Public Firiancing Limited to Specific Funding Mechanisms and Fees. Except as expressly provided herein, Landowner's sole and only obligation with respect to the participation of the Property in any funding mechanisms to support the construction of any public facilities and improvements or the provision of public services in relation to development of the Property shall be to pay existing County fees related to the construction and provision of public facilities authorized b ordinance to be collected b County as of the effective date of this Y Y ty _ Agreement, as such fees may be adjusted from time to time in accordance with applicable law, or such other fees as may be duly adopted in the future by County from time to fine to implement the NCSP or in accordance with applicable law. Provided, however, Landowner's obligation to pay future County fees is limited to those fees adopted on a county -wide bass or which apply . uniformly to all properties within the NCSP which are similarly situated, whether by geographic location, drainage sheds or other distinguishing circumstances. 3.11Native Declaration Mitigation Measures. Notwithstanding ary other provision in this Agreement to the contrary, when Landowner elects to develop -the Property, Landowner shall be bound by, and shall perform, all mitigation measures identified in the NGSP EIR and the Mitigated Negative Declaration related to this development which are adopted by the County and required pursuant to CEQA as identified in the mitigation monitoring plan as a responsibility of Landowner. 3.12 No Additional Dedications or Easements. Landowner shall not be obligated to dedicate any right of way or grant any public utility easements as a condition of development of the Property except as may be required to obtain subsequent approvals as set fcrth in section 2.2 of this document. Page 12 0014'70 r� f). SECTION 4: COUNTY OBLIGATIONS 4.1 Sped c Plan Amendment and Rezone. As provided in the Recitals and Section 2.2, County agrees that Landowner has a fully vested Specific Plan Amendment and Rezone to Suburban Residential One Acre -Planned Development (SR-1/PD) on 126.1± acres and a fully vested Specific Plan Amendment and Rezone to Open Space -Planned Develooment (OS/PD) on the 103.1± acres depicted in Exhibit "D". County agrees that Landowner has a fully vested right and entitlement to build up to 160 units in residential subdivisions on the Property, subject to the provisions of Sections 2.2 and 3.4. County and Landowner agree the 34 units :,redited as Density _ Transfer Units (DTUs) will not be built on the OS area These DTUs will be transferred either to the SR-l/PD area and all units built on that portion of the Property if allowed pursuant to Section 3.4, or transferred to other property within the NCSP subject to subsequent approvals specified in Section 2.2 and any rezone or specific plan amendment needed to make the DTU's consistent with the NCSP. Open space preserved on-site will be credited towards the open space requirements for both the SR-1/PD and OS/PD zones except for that portion contained within the drainage easement dedication described in Section 3.1 and also excepting the 103.1 acres of land a: a designated OS/PD which will not be credited towards the open space requirement for the- 1/PD zone: County also agrees that Landowner has a vested right, but no obligation, to use open ' space areas anywhere on the Property for ancillary facilities which County hereby acknowledges are open space compatible, including trails, community sewage and water treatment or disposal systems, wetland/habitat mitigation and enhancement, road access to Hicks Lane, utilities; active and passive recreation, drainage facilities and all other open space retaining uses. 42, Countyoo ep ration. County shall cooperate with Landowner and use its best good faith efforts in processing and approving all tentative subdivision maps; final subdivision maps, building permits, grading permits, final inspections and any other land use applications for permits or approvals (collectively, "Subsequent Applications") which maybe required by County consistent with the Entitlements and this Agreement. County agrees to expedite review, grant and implementation of any Subsequent Applications consistent with the Entitlements and this Agreement and to impose conditions and/or adopt mitigation measures only :o the extent they are consistent with and implement the Entitlements and this Agreement. 'The processing and approval of Subsequent Applications which are consistent with the Entitlements shall not require an amendment to this Agreement, County further.finds that the NCSP EIR and the Mitigated Negative Declaration adequately address the significant impacts of development of the Property Page 13 004480 in accordance with the Entitlements and this Agreement and agrees that, to the extent lawfully allowed, the processing of Subsequent Applications shall tier off of and rely upon the NCSP EIR and Mitigated Negative Declaration for the Property. Upon approval of any Subsequent Application, County agrees that such subsequent entitlements or approvals shall automatically be vested according to the terms of this Agreement as if such entitlements anc. approvals were specifically identified in this Agreement and that the expiration date for any tentative subdivision map approved for the Property shall extend for the term of this Agreement. 4.3 Reimbursement by County. If Landowner installs, at its cess, the drainage improvements described in Section 3.1 or any other improvements which providk public benefits above and beyond the service or mitigation needs of the Property, County shall compensate Landowner or its successors, in a manner consistent with County Code and polio, for the amount of public benefit provided which exceeds service or mitigation requirements for the Property specified in the Entitlements and this Agreement. Such compensation sha.l be made from assessments, developer fees, state and federal cost share or grant programs or any other source available to County.. Compensation may be made in cash, by fee reduction, by density bonus or any other form agreeable to the Landowner and County. Landowner and County agree that County shall not be obligated to reimburse Landowner for that limited portion of improvements designed exclusively to. mitigate stormwater runoff to a level that is at least ten percent (10%) below pre -development runoff conditions described in Section 3.2, unless County shall receive Federal, State, local or private funding from sources which provide funds eligible to reimburse Landowner. Landowner shall join County in any application prepared by County for Federal, State, local or private funding which may be identified by Landowner or County to finance improvements and reimburse Landowner. Landowner and County shall each >=se its best efforts to cooperate.to obtain approval of and to equitably share such funding. County and Landowner agree that the pursuit or approval of such application shall not result in any adverse economic or financial impact upon Landowner or the Property. 4.4 MWs and Permits. Provided that Landowner is not in default under this Agreement, except as provided in Section 3.4, County shall not cease to process or approve tentative or final subdivision maps or issue building permits or certificates of occupancy for development of the Property that are consistent with the Entitlements. LIJI 4.5 No Moratorium, Quotas Restrictions or Other Growth Limitations. Subject to applicable law relating to the vesting provisions of development agreements, Landowner and Page 14 0048 . Fa County intend that, except- as otherwise provided herein, this Agreement shall vest the Entitlements against subsequent County plans, actions, resolutions, and ordinances that directly or indirectly limit the Entitlements. 4.6 Essence of Aureement. The foregoing Sections 2, 3 and 4 are of the essence of this Agreement. SECTION 5: DEFAULT, REMEDIES, TERAMATION 5.1ere onsral Provisions. Subject to extensions of time by mutual consent in writing, failure or unreasonable delay by either party to perform any term or provisions of this Agreement shallconstitute a default. In the event of alleged default or breach of any term or condition of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) days notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured. During any such thirty -day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings• After notice and expiration of the thirty -day period, the other party to this Agreement at its option may institute legal proceedings pursuant to this Agreement or give notice of intent to terminate the Agreement pursuant to California Government Code Section 65F6& and regulations . of County implementing. said Government Code Section Following notice ofntent to terminate, the matter shall be scheduled for consideration and review by the Board of Supervisors.within thirty (30) calendar days in the manner set forth in Government Code Sections 65865, 65867 and 65868 and County regulations implementing such Sections. Following consideration of the evidence presented in said review before the Board of Supervisors, either party alleging the default by the other party may give written notice of termination of this Agreement to the other party: Evidence of default may also arise in the course of a regularly scheduled periodic review �. of this Agreement pursuant to Government Code Section 65865.1. If either party determines that the other party is in default following the completion of the normally scheduled periodic review, said party may give written notice of default of this Agreement as set forth in this section, specifying in said notice the alleged nature of the default, and potential actions to .cure said default and shall specify a reasonable period of time in which such default is to be cured. If the Page 15 00482 alleged default is not cured within thirty (30) days or within such longer period specified in the notice, or if the defaulting party waives its right to cure such alleged default, the other party may terminate this Agreement. 5.2 . Annual Review. As required by Government Code Section 65865.1, County shall, at least every twelve 02) months during the term of this Agreement,. review the extent of good faith substantial compliance by Landowner with the terms of this Agreement.Such periodic review shall be limited in scope to compliance with the terms of this Agreement pursuant to Section 65865.1 of the Government Code and the monitoring of mitigation in accordance with Section 21081.6 of the Public Resources Code of the State of California. Notice of such annual review shall include a finding regarding compliance with this Agreement. A Ending by County of good faith compliance by Landowner with the terms of the Agreement shall be conclusive with respect to the performance of Landowner during the period preceding the review. Upon not less than thirty (30) days written notice by the Director of Development Services of County, Landowner shall provide such information as may be reasonably requested and deemed to be required in order to ascertain compliance with this Agreement. In the same manner prescribed in Section 10, the County shall deposit in the mail to Landowner a copy of all staff reports and related exhibits concerning contract performance and, to the extent practical, at least ten (10) calendar days prior to any such periodic review. Landowner shall be permitted an opportunity to be heard orally or in .wriing regarding its performance under this Agreement before the Board of Supervisors or if the matter is referred to the Planning Commission before said Commission.. If County takes no action within thirty (30) days following the hearing, Landowner shall be deemed to have complied in good faith with the provisions of the Agreement. .5.3 Enforced DelaL Extension of Times- of Performance. In addition to specific provisions of this Agreement, performance by either party hereunder shall nct be deemed to be in default where delays or default are due to war, insurrection, strikes, walkDuts, riots,. floods, drought, earthquakes, fres, casualties, acts of God, governmental restrictions imposed or mandated by other governmental entities, enactment of conflicting state of federal laws or regulations, new or supplementary environmental regulation, litigation, or similar bases for excused performance. If written notice of such delay is given to County witrin thirty (30) days Page 16. V 002'4 31,111 0 of the commencement of such delay, anextension of time for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon. 5.4 TI&gal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation. The remedies of County for any default of this Agreement by Landowner shall include but not be limited to termination of this Agreement and the vesting of the Entitlements hereunder and cessation of approving requests for development of the Property. All legal actions shall be initiated in the Superior Court of the County of Butte, State of California, unless required by law to be initiated in the Federal District Court in the Eastern District of California 5.5 Effect of Termination. If this Agreement is terminated following any event of default of Landowner or for any other reason, such termination shall not affect the validity of any building or improvement within the Property which is completed as of the date of termination, :provided that such building or improvement has been constructed pursuant to a building permit issued by the'County. Furthermore, no termination of this Agreement shall prevent Landowner from completing and occupying any building or other -improvement authorized pursuant to a:valid building permit previously issued by the County that is under construction at the time of termination, provided that any such building or improvement is completed in accordance with said building permit in effect at the time of such termination. 5.6 Applicable Law and Attomevs' Fee . This Agreement shall be construed and enforced in accordance with the laws of the State of California. Should any legal action be brought by either party for breach of this Agreement or to enforce any provisions herein; the prevailing party to such action shall be entitled to reasonable attorneys' fees, court costs and such other costs as may be fixed by the Court SECTION 6: HOLD HARMLESS AGREEMENT Landowner and its successors -in -interest and assigns, hereby agrees to, and shall defend pp and hold County, its elective and appointive boards, commissions, officers, agent& and employees harmless from any liability for damage or claims for damage for personal injury, or bodily injury including death, as well as from claims for property damage which may arise from ;- the operations of Landowner, or of Landowner's contractors, subcontractors, agents, or Page 17 E 002484 employees under this Agreement, whether such operations be by Landowner, or by any of Landowner's contractors or subcontractors, or by any one or more persons direr subcontractortli or s employed by, or acting as agent for, Landowner or Landowner's contractors o , unless such damage or claim arises from the gross negligence or. willful misconduct of County. The foregoing indemnity obligation of Landowner shall not apply to any liability for damage or claims for damage with respect to any damage to or use of any public improvements after the completion and acceptance thereof by County. In addition to the foaegoing indemnity obligation, Landowner agrees to and shall defend, indemnify and hold County, its elective and appointive law boards, commissions, officers, agents and employees harmless from any suits or actions or in. equity anstng out of the execution, adoption.or implementation of this Agreement, exclusive of any such actions -brought by Landowner; its successors -in -interests or assigns. SECTION 7: PROJECT AS A PRIVATE UNDERTAIQNNG It issp ecifically understood and agreed by and between the parties hereto that the subject. project is a private development. No partnership, joint venture or other association of any kind is formed by this Agreement. SECTION 8: COOPERATION IN THE EVENT OF LEGAL CHALLENGE In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending said action. SECTION 9: GENERAL 9.1 Fnf The County agrees that unless this Agreement is amended or canceled pursuant to the provisions of this Agreement and the Adopting Ordinance, this Agreement shall be enforceable by any party hereto notwithstanding any change hereafter in any applicable general plan, specific plan, airport land use plan --except as specified in Section 3.4, zoning ordinance, subdivision ordinance or building regulation adopted by County,, or by initiative, which changes, alters or amends the rules, regulations and policies applicable to the this development of the Property at the time of approval of this Agreement, as provided by in Section 2.4.1 and by Government Code Section 65866. Agreement and, as specified Page 18 009485 I 9.2 County Finding. The County hereby finds and determines tha.- execution of this Agreement is in the best interest of the public health, safety and general welfare and is consistent with the General Plan and North Chico Specific Plan. 9.3 Third PaM Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Landowner and the County and their successors and assigns. No . other person shall have any right of action based upon any provision in this Agreement. 9.4 Severabil4. Except as set forth herein, if any term, covenant or condition of this Agreement or the application thereof to any person, entity or circumstance shall, to any extent, _ be invalid or unenforceable, the remainder of this Agreement and all Entitl 3erso s , which it refers, or the application of such term, covenant or condition to Entitlements, ?ersons; entities or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and be enforced to the fullest extent permitted by law, provided, however, if arKV provision of this Agreement is determined to be invalid or unenforceable and the effect thereof is to deprive a party hereto of an essential benefit of its bargain hereunder, then such party so deprived shall have the Fit option to terminate this entire Agreement from and after such determination. 9.5 Construction. This Agreement shall be subject to and construed in accordance and harmony with all Butte County Codes, as they may be amended, provided that such amendments do not affect or conflict with the rights granted to the parties by this Agreement consistent with the requirementsof this Agreement and Government Code Section 65866. 9:6 Other Necessaa Acts. Each party shall execute and deliver o the other all such other further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 9.7 EA,onc I ceriific?te. Either party may, at any time, and from ire to time; deliver requesting such to certify in writing that, to the knowledge written notice to the other party req PAY of the certifying party, (1) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (iii) the requesting party isnot in default in the performance of its obligations under this Agreement, or if in default, to describe therein the Pagc 19 00249E nature of such default. The party receiving a request hereunder shall execute and r certificate within thirty (30) days following the receipt thereof. Co etsuch certificate hereunder may be relied upon' by acknowledgeess such a y transferees and mortgagees, of Landowner.. SECTION 10: NOTICES All notices required by this Agreement the enabling pursuant to legislation, or the roved Government Code Section 65865, shall be in writing and delivered in ure adopted by certified mail, Postage prepaid, person or sent Notice required to be given to the County shall be addressed as fcllows. - Director Development Services 7 County Center Drive Oroville, California 95965 Notice required to be given to the Landowner shall be addressed as follows: Douglas N. Gunn Gunn Accountants 250 West Crest Street, Suite E ` Escondido, California 92025-1715 Either Party may change the address stated herein b y giving Party, and thereafter notices shall be addressed and transmitted to the in wasting to the other e new address. IL ASSIGNMENT Landowner shall have the full right upon written notice to and cons ent consent shall not be unreasonably withheld, to assign this Agreement as to the PCo erty which . Portion thereof in connection with ansale roperly, or any Y , transfer or cony written assignment by Landowner and �� thereof, and upon the express assumption by the assignee of such assig<iment in the form attached hereto as Exhibit "E" and the conveyance of Landowner's interest in thr Propeity related thereto, Landowner shall be released from any further liability or obligation he -e g under related to Page 20 00`'4 the portion of the Property so conveyed and the assignee shall be deemed to be the "Landowner," with all rights and obligations related thereto, with respect to such conveyed property. III. FORM OF AGREEMENT, EXHIBITS This Agreement is executed in two duplicate originals, each of which is deemed to be an original. This Agreement. consists of 22 pages and 6 exhibits, which constitute the entire understanding and agreement of the parties. APP`�' roved this 1st d of December, 1998, by the Board of Supervisors of.Butte County. - COUNTY: LANDOWNER: BUTTE COUNTY, a political subdivisioLoft, State of Californ' + By:. By: 21, ✓U Fred C. Davis, Chairman DO GLAS N. GUNN, Trustee of the Board of Supervisors Robert and Ann Stephens Charitable Remainder Unitrust ATTEST: Jo lac c Cl rk Board of Supervisors „ By- APPROYED AS TO F us Minasian, County Counsel By. Page 21 - •00.4 �� LIST OF EXIBBITS Exhibit A - - Property Description A-1 - - Legal Description of Property A-2 - - Diagram of the Property Exhibit B - - Drainage Easement diagram Exhibit C - - ALUC consistency findings transmittal Exhibit D - - Zoning diagram Exhibit E - - Form of Assignment Page 22 002493 COMPLETE THIS INFORMATION RECORDING REQUESTED BY: 7 Clerk of the Board of Supervisors WHEN RECORDED RETURN TO: Clerk of the Board 25 County Center Drive Oroville, CA 95965 IIII"II'I'I'IN ���'��'I�II"f�Ifl 1 998-0055 JL 32 Recorded I REC FEF .00 Official Records I COWORM .00 County Of I Butte C iCE J. GRUBBS I Recorder I 02:34PN 23—Dec-199e� I Pagesi of 35 l Document Title(s). Development Agreement by and between Butte County and Douglas N Gunr� m of the Robert and Arm S Charitble Remainder Uniftwt,� THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFOP-NATION (Additional recording fee applies) 35- EXHIBIT F Previous ALUC Agenda Report (February 16, 2005) Butte County Department of Development Services Planning Division Airport Land Use Commission February 16, 2005 ALUC Meeting AGENDA ITEM — E4 TO: Honorable Chair and Airport Land Use Commission FROM: Dan Breedon, Principal Planner DATE: February 16, 2005 ITEM: ALUC File No. A 05-05 — Emerald Sea Tentative Subdivision Mxa. APN 047- 700-003, 047-700-004, & 047-230-028 (Applicant: Stephen J. Schuster): A consistency review (Chico Municipal Airport) for the proposed Emerald Sea Tentative Subdivision Map, which would divide 3 existing parcels totaling 250 acres into 34 single family residential lots ranging in size from 1.19 to 67.76 acres, and 1 sewage disposal area (Lot A). The property is within the unincorporated area of Butte County, and is located on the north side of Keefer Road, or_ the northeast corner of Keefer Road and Hicks Lane, north Chico area. �Yllu 105 Ell ►�•� Staff recommends that ALUC find the project consistent with the 2000 Airport Land Use Compatibility Plan for the Chico Municipal Airport. BACKGROUND: 1. The project site is comprised of three legal parcels that total 250 (+/-) acres in size. The project site is currently developed with a single family dwelling unit, agricultural structures, and kiwi orchards. Surrounding uses include dwellings at rural densities and undeveloped parcels. , 2. The property is within the unincorporated area of Butte County, within the North Chico Specific Planning Area. 3. The area of the project site south of Rock Creek is designated by the County General Plan as "Agricultural Residential" and is zoned SR -3 (Suburban Residential, 3 -acre minimum parcel size). The area north of Rock Creek is designated as "Grazing and Open Land ' and is zoned A-40 (Agricultural, 40 -acre minimum parcel size). 4. The applicant proposes to submit a "Flexible Lot Size Subdivision (BCC Section 24-82)" that would apply to the acreage (102.24) of the SR -3 Zone. The parcels located within the SR -3 zone would therefore be smaller than 3 -acres; however, under the Flex Lot provision ■ Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) ■ February 16, 2005 ■ Page 1 of 11 ■ the overall number of parcels is allowed to be the same as if the zone was developed with 3 - acre parcels. 5. The applicant intends to develop 32 (Parcels 4 — 34, and "Lot A") of the 34 parcels (102.24/3 acres) available within the SR -3 zone. - 6. Parcels located within the A-40 zone (Parcels 1-3) would not be subject to the Flexible Lot Size option, and would be sized according to the 40 -acre minimum parcel size required within the applicable A-40 zone. These parcels are also proposed for development with single family homes. 7. A total of thirty-four (34) residential parcels are proposed;. 26 parcels would range in size from 1.41 to 3.86 acres, and 5 more parcels would range in size from 4.14 to 10.76 acres. Three larger lots would be located in the A-40 zone, 2 at 40 acres each and 1 a 67.76 acres. One 4.5 acre lot ("Lot A") would be utilized for sewage treatment and disposal purposes only (this sewer system has not yet received Environmental Health Division approval). 8. The SR -3 zone should be noted as being inconsistent with the Bl, B2, and Cl Compatibility Zones. This is because this zone allows for the creation of 3 -acre parcels while the B1 Compatibility Zone provides for the creation of 10 -acre minimum parcels, and the B2 and C 1 Compatibility Zones provide for 5 -acre minimum parcels. 9. However, the density -and parcel sizes clustered under this proposal comply with the permitted density under the 2000 ALUCP (see Table 1 and Table 2 below). 10. The total number of parcels proposed by the project conforms to, the densities permitted within each compatibility zone, as discussed below. 11. The size of the parcels proposed conforms to the clustering provisions, as discussed below. 12. The southwest corner of the project site abuts the extended centerline of Runway 13L/31R, which is located about 1.24 miles away southeast of the project site. 13. The highest residential density (Lots 9 through 34) would be located approximately 1,500 feet from the extended runway centerline. 14. The project site is outside the 55 dB CNEL noise contour (Exhibits 4F and 4G. 2000 Airport Land Use Compatibility Plan). 15. This project is considered inconsistent with the County's current Flexile Lot Size Subdivision Ordinance because this Ordinance excludes areas of the County subject to Airport .Land Use Plans from the Flexible Lot Size subdivision provisions. 16. A discussion item for today's ALUC meeting will consider. amending the Flexible Lot Ordinance for use in airport areas and to direct staff to prepare a letter from. ALUC to the Board of Supervisors initiating an amendment to the ordinance to remove the exclusion of flexible lots in airport areas. ■ Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) ■ February -16, 2005 ■ Page 2 of 11 ■ ANALYSIS: 1. This project is a major land use action as defined by Policy 1.5.3 of the 2000 Butte County Airport Land Use Compatibility Plan (ALUCP). 2. The 250 acre project site is subject to 3 different Airport Compatibility Zones: • Airport Compatibility Zone B1 (Approach/Departure Zone) — 84.04 acres • Airport Compatibility Zone B2 (Ext.Approach/Departure) — 60.27 acres • Airport Compatibility Zone CI (Traffic Pattern Zone) — 105.69 acre. 3. The primary compatibility criteria for the 3 applicable Compatibility Zor-es are shown on the following Table 1: Table 1 -Compatibility Zone Criteria Maximum Densities. Req'd Other Development Zone Open Prohibited Uses ConditionsResidential Land du/ac t Children's schools, Deed notice required. Cl < 0.2 (average day care center, Airspace review for (Traffic Pattern) parcel size > 5.0 acres) 10% libraries hospitals, objects > 100 feet tall. nursing homes, hazards to flight Children's schools, Locate structures day care center, maximum distance from libraries hospitals, extendec runway Bl < 0.1 (minimum 30% nursinghomes centerline, minimum (Approach/Departure parcel size > 10.0 p — highly noise - NLR of 25 dB in Zone and Sideline acres) sensitive uses, residences, airspace Zone) hazards to flight review required for objects > 35 feet tall, avigation easement dedication Children's schools, Minimum NLR of 25 dB < 0.2 (average day care center, in residences, airspace B2 (Extended parcel size > 5.0 20% libraries, hospitals, review for objects >70 Approach/Departure acres) nursing homes, feet tall, deed notice Zone) highly noise- required. sensitive uses, hazards to flight (Extract from Table 2A of the 2000 ALUCP) Note 1. Residential development should not contain more than the indicated number of dwelling units (both primary and secondary) per gross acre. With clustering, some parcels may be much smaller than the others as long as the maximum overall dcnsity criterion is not i y exceeded. Clustering of units is encouraged in Compatibility Zones B 1, B2 and C — see Policy 4.2.6 for limitations. ■ Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) ■ February 16, 2005 ■ Page 3 of 11 ■ Table 2 -Clustering of New Residential Development Compati iliIy"Zone F Maxirhum' of Project Acres ``� }Minuriuni'{Parcel Size *- -dwelling units 4. 2000 ALUCP Policy -2-.4.4 (e) states the following concerning parcels split by more than_ allowed/prof�osed' . one Compatibility Zone: t' 'For the purposes of evaluating consistency with the compatibility criteria set forth herein, any r '` - parcel which is split by compatibility criteria set forth herein, any parcel which is split by compatibility zone boundaries shall be considered as if it were multiple parcels divided at the; compatibility zone boundary line. However, the intensity of development allowed wi-.hin the ' more restricted portion of the parcel can (and is encouraged to) be transferred to he less No increase in the maximum number of restricted portion even if the resulting development in the latter area then exceeds the criteria r for that compatibility zone. ` ' - 84.04 acres �. 5. -.The'2000 •Airport Land Use Compatibility Plan encourages clustering, as proposed under ` the Flexible Lot Size Subdivision, under Policy 4.2.5 (d), which states the fcllowing: 7 Proposed Ii ..Clustering' of Development, subject to the limits indicated ,in Policy 4.2.6., and providing extended runway centerline and shall be contiguous landscaped areas is encouraged as a means of increasing the size of open land y areas. r 6. The criteria for clustering are provided under Policy 4.2.6. Section (a) (1);of this policy height. states the following:' i In terms of airport' land use compatibility planning, the primary purpose of clustering is to r provide locations where an ' aircraft can attempt an official airport emergency landing.. ' ' Clustering may also serve to limit the risk to people on the ground, even if open lan.3 is not, - provided,'by shifting habitable areas away from principal aircraft flight tracks, es-3ecially 12 allowed tracks close to the runway ends. 2000 ALUCP Table 2A. Buildings shall 7. 'According to 2000 ALUCP Policy 4.2.6 (b), (amended on December 15, 2004)` `. s clustering of new residential development is limited in each of the applicable 12 proposed Compatibility Zones to a maximum of 4 dwelling units/acre (Table 2): _ limited to a maximum of two stories in Table 2 -Clustering of New Residential Development Compati iliIy"Zone F Maxirhum' of Project Acres ``� }Minuriuni'{Parcel Size *- -dwelling units _ l allowed/prof�osed' . Allowed`density,` 4 Dwelling Units/Acre Zone B 1, No increase in the maximum number of - r dwelling units is allowed as shown on 8.4 allowed 84.04 acres 2000 ALUCP Table 2A. Buildings shall ` 'be located as far as practical from the 7 Proposed O.1 d.U:/aC extended runway centerline and shall be limited to a maximum of two stories in height. 4 Dwelling Units/Acre - Zone B2 No increase in the maximum number of _ dwelling units is allowed as shown on 12 allowed 60.27 acres - 2000 ALUCP Table 2A. Buildings shall ' be located as far as practical from the 12 proposed 0.2 d.u./ac' extended runway centerline and shall be limited to a maximum of two stories in a. height. .* M! �•. t'y, ■ Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, t . Stephen J. Schuster) ■ February 16, 2005 ■ Page 4 of 11 ■ 8. The 2000 ALUCP policies regarding density, parcel size, and clustering are upheld by this project. The Tentative Map complies with each Compatibility Zone's densities limitations and does not exceed the allowed number of dwelling units. 9. The parcel sizes proposed by the Tentative Map would be largest within the B1 Compatibility Zone, closest to the extended runway line. Smaller parcels would be located approximately 1,500 feet to the east of the extended runway line. 10. The project complies with the total number of parcels that would be allowed under the 2000 ALUCP. The total number of parcels proposed under this proposal is 34 (excluding "Lot A" sewage disposal area), which is 7.5 parcels less than 41.5 allowed under the applicable compatibility zones (see Table 2). 11. The project complies with the minimum allowed parcel sizes that would be allowed by the 2000 ALUCP. The smallest parcel size on the proposed tentative map is 1.41 acres. All of the parcels substantially exceed the one-quarter acre minimum parcel size as required by the clustering policies of the 2000 ALUCP. 12. Open Land is a required component in each Compatibility Zone as shown in Table 1- Compatibility Zone Criteria. 13. The following Table 3 shows the Open Land requirements for this tentative map: Compatibility Zone 4 Dwelling Units/Acre 21.1 allowed Zones C1 No increase in the maximum number of 16 proposed 84.04 dwelling units is allowed as shown on B2 105.69 acres 2000 ALUCP Table 2A. Buildings shall 12.1 C be located as far as practical from the 105.69 0.2 d.u./ac extended runway centerline and shall be 250 47.9 limited to a maximum of two stories in height. Total Number of Dwelling Units Allowed: 41.5 Proposed: 35 8. The 2000 ALUCP policies regarding density, parcel size, and clustering are upheld by this project. The Tentative Map complies with each Compatibility Zone's densities limitations and does not exceed the allowed number of dwelling units. 9. The parcel sizes proposed by the Tentative Map would be largest within the B1 Compatibility Zone, closest to the extended runway line. Smaller parcels would be located approximately 1,500 feet to the east of the extended runway line. 10. The project complies with the total number of parcels that would be allowed under the 2000 ALUCP. The total number of parcels proposed under this proposal is 34 (excluding "Lot A" sewage disposal area), which is 7.5 parcels less than 41.5 allowed under the applicable compatibility zones (see Table 2). 11. The project complies with the minimum allowed parcel sizes that would be allowed by the 2000 ALUCP. The smallest parcel size on the proposed tentative map is 1.41 acres. All of the parcels substantially exceed the one-quarter acre minimum parcel size as required by the clustering policies of the 2000 ALUCP. 12. Open Land is a required component in each Compatibility Zone as shown in Table 1- Compatibility Zone Criteria. 13. The following Table 3 shows the Open Land requirements for this tentative map: Compatibility Zone % Open Land Required Total Acreage of Zone Required Open Land (acres) Bl 30% 84.04 25.2 B2 20% 60.27 12.1 C 10% 105.69 10.6 Totals: 250 47.9 ■ Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) ■ February 16, 2005 ■ Page 5 of 11 ■ 14. The project complies with the open land requirements for each applicable compatibility zone imposed by the 2000 ALUCP. The greatest amount of open land is shown on the tentative map as Parcels 1 — 3, which totals 147.76 acres. 15. Although these parcels would be developed with residences, much of the land could still be made available for open land purposes. ` 16. Condition #4 of this approval would require that the required open space (47.9 acres) be so designated and appropriately restricted. ENVIRONMENTAL DOCUMENTATION: No environmental documentation has been completed for this project. The applicant has applied for an ALUC consistency determination prior to filing a Tentative Subdivision M1p application with the County. RECOMMENDATION: Staff recommends that the Butte County Airport Land Use Commission find ALUC File No. A 05-05 (Emerald Sea Tentative Subdivision Map) consistent with the 2000 Airport Land Use Compatibility Plan. Exhibits: A: Findings B: List of References C: Project Location and Compatibility Zones Map D: Site Plan ■ Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) ■ February 16, 2005 ■ Page 6 of 11 ■ r EXHIBIT A ~ BUTTE COUNTY AIRPORT LAND USE COMMISSION CONSISTENCY FINDINGS FOR ALUC FILE NO. 05-05 (EMERALD SEA TENTATIVE SUBDIVISION MAP), APN 047-700-004, -003, 047-230L-028 The Airport Land Use Commission (ALUC) has prepared the following findings based on data contained in the 2000 Airport Land Use Compatibility Plan (ALUCP) for the Chico Municipal Airport, as well as site specific information submitted by the applicant and ALUC staff. " The following findings have been prepared at the direction of the ALUC ani are for the consideration of the Lead Agency (County of Butte) when making a decision on the project. SECTION 1: ENVIRONMENTAL FINDINGS A. No environmental documentation was submitted at the time of proje-,t review. SECTION 2: CONSISTENCY FINDINGS FOR PROPOSED PROJECT A. The proposal for the Emerald Sea Tentative Subdivision Map, which would. divide three parcels totaling 250 acres into 34 single family residential lots ranging in size from 1.41 to 67.76 acres, is consistent with Compatibility Zones . B1, B2, and C1 as found in the 2000 Airport Land Use Compatibility Plan. SECTION 3: PROJECT FINDINGS: A. The 250 acre project site is subject to 3 different Airport Compatibility Zones: • . Airport Compatibility Zone B 1 (Approach/Departure Zone) — :34.04 acres Airport Compatibility Zone B2 (Ext.Approach/Departure) — 60.27 acres • Airport Compatibility Zone Cl (Traffic Pattern Zone) — 105.69 acres According to 2000 ALUCP Policy 4.2.6 (b), (amended on December 15, 2004) clustering of new residential development is limited in each of the applicable Compatibility Zones to a maximum of 4 dwelling units/acre. • The 2000 ALUCP policies regarding density, pa`cel size, and clustering are upheld by this project. The Tentative Map complies with each Compatibility Zone's densities limitations and does not exceed the allowed_ number of dwelling units. • The parcel sizes proposed by the Tentative Map would be largest within the B 1 Compatibility Zone, closest to the extended runway line., Smaller ■ Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) ■ February 16, 2005 ■ Page 7 of 11 ■ parcels would be located approximately 1,500 feet to the east of the extended runway line. B. The project complies with the total number of parcels that would be allowed under the 2000 ALUCP. The total number of parcels proposed under this proposal is 34 (excluding "Lot A" sewage disposal area), which is 7.5 parcels less than the 41.5 allowed under the applicable compatibility zones (see February 16, 2005 ALUC Agenda Report Table 2). C. The project complies with the minimum allowed parcel sizes tkiat would be allowed by the 2000 ALUCP. The smallest parcel size on the proposed tentative map is 1.41 acres. All of the parcels substantially exceed the on., --quarter acre minimum parcel size as required by the clustering policies of the 2000 ALUCP. D. The project provides for a total of approximately 147 acres of potena_ial open land. Condition #4 requires the applicant' to designate appropriate portions of each Compatibility Zone in accordance with the 2000 ACUCP. E. No structures on the project site would extend into protected airspace. F. The project site is outside of the 55 dB CNEL noise contour. ; SECTION 4: PROJECT CONDITIONS: 1. For parcels located within Compatibility Zone B I , a. Gross density shall not exceed 1 dwelling unit/10 acres b. Minimum Parcel Size is 1/4 acre. c. Place a note on a separate document which is to be recorded concurr-rntly with the .final map or on an additional map sheet that states: "Residences and all buildings shall be located as far as practical from the Chico Municipal Airport extended runway centerline." d. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: ' "Maximum Building Height 2 stories." ,e. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "As a condition for the issuance of any Building Permit on these parcels Minimum Noise Level Reduction of 25 dB is required for construction of all residences." f. Place a note on, a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Airspace review by the Airport Land Use Commission is required for all objects >35 feet in height." g. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "As a condition for the issuance of any Building Permit on these parcels the property owner shall sign an Avigation Easement granting to the City of Chico the right of continued use: of the Chico ■ Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, ; Stephen J. Schuster) ■ February 16, 2005 ■ Page 8 of 11 ■ r Municipal Airport in the airspace above the proposed parcels and acknewledging any and all existing or potential airport operational impacts." 2. For parcels located within Compatibility Zone B2: a. Gross residential density shall not exceed 1 dwelling unit/5 acres. b. Minimum Parcel Size is 1/4 acre. c. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Residences anc. all buildings shall be located as far as.practical from the Chico Municipal Airport extruded runway centerline." d. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Maximum Buil3ing Height 2 stories." e. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "As a condition fcr the issuance of any Building Permit on these parcels Minimum Noise Level Reduction of 20 dB is required for construction of all residences." f. Place a note on a separate document which is to be recorded concurr mntly with the final map or on an additional map sheet that states: "Airspace Review by the Airport Land Use Commission is required for all objects >70 feet in height." g. Provide a deed notice at the time of sale of all resulting lots notifying, purchasers of the proximity of the airport and the potential for possible noise related_ impacts in an ALUC-approved disclosure notice. 3. For parcels located within Compatibility Zone Cl. a. Gross residential density shall not exceed 1 dwelling unit/5-acres. b. Minimum parcel size is 1/4 acre. c. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Residences and all buildings shall be located as far as)practical from the Chico Municipal Airport ex -ended runway centerline." d. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Airspace Review by the Airport Land Use Commission is required for all objects >100 feet in height." e. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Maximum Building Height 2 stories." 5 ■ Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) ■ February 16, 2005 ■ Page 9 of 11 ■ £ Provide a deed notice for the sale of all resulting lots notifying purchasers of the proximity of the airport and the potential for possible noise related impacts in an ALUC-approved disclosure notice. 4. Open Land as required by the 2000 Airport Land Use Compatibility ?Ian shall be provided. The applicant shall designate the required open land on the tentative map as per the open land requirements shown below. Once so designated, a note shall be place upon.the map or on an additional map sheet indicating: "This open land is designated to comply with the 2000Airport Land Use Compatibility Plan. This area shall remain free of structures and other major obstacles such as walls, large trees, or poles (greater than 4 inches in diameter, measured 4 feet above the ground), and overhead wires. 2000 ALUCP Open Land Requirements Compatibility Zone % Open Land Required Total Acreage of Zone Required Open Land (acres) B1 30% 84.04 25.2 B2 20% 60.27 12.1 C 10% 105.69 10.6 Totals: 250 47.9 EXHIBIT G ALUC Minutes (February 16, 2005) SECTION 2: ,CONSISTENCY FINDINGS FOR PROPOSED PROJECT A. The proposal for the proposed Tentative Subdivision Map for Forrester/Hayes, which would create 18 residential lots on 3.6 acres, is consistent with C :)mpatibility Zone D as found in the 2000 Airport Land Use Compatibility Plan for the Oroville Municipal Airport. . SECTION 3: PROJECT FINDINGS: A. The project site is located in Airport Compatibility Zone D as listed in the 2000 Airport Land Use Compatibility Plan for the Oroville Airport. B. The project is consistent with Compatibility Zone D because the --e are no parcel size or density limitations. C. No structures on the project site would extend into protected airspace. E. The project site is outside of the 55 dB CNEL noise contour. SECTION 4: PROJECT CONDITION: 1. Airspace review by the Airport Land Use Commission is required for all objects more than 100 feet tall. 4.. ALUC File No. A05-05 — Emerald Sea Tentative Parcel Man. APN 047-700-003 047-700-004, and 0747-230-028 (Applicant: Stephen J. Schuster): Butte County Airport Land Use Commission consistency review (Chico Municipal Airport) for the proposed Emerald Sea tentative Subdivision Map, which would divide 3 existing parcels totaling 250 acres into 34 single family residential lots ranging in size from . 1.19 to 67.76 acres, and 1 sewage disposal area (Lot A). The p-operty is within the unincorporated area of Butte County, and is located on the north aide of Keefer Road, on the. northeast corner of Keefer road and Hicks Lane, north Chico area. (DB) Mr. Breedon gave a brief summary of the project. He said the project was incor_sistent with the Flex lot policies. He said pending a discussion later in the meeting regarding flex lo:�.s; staff recommends approval of this application. Commissioner Rosene asked when the Commission set up the 4 dwelling units per acre requirement to allow clustering, was that part of the infill requirement which was less than five acres or was it an overall discussion. He asked if there was a minimum parcel size that the 4 dwelling units would apply to or not. Mr. Streeter said it was part of the infill discussion, but was specifically on the cl--istering. ■ Airport Land Use Commission 0 Minutes of Meeting of February 16, 2005 0 Page 5 ■ Commissioner Rosene asked when ALUC decided clustering at 4 units per acre in the B-1 or B-2 zones to allow flexibility was a good thing, was that part of the infill discussion which was 5 acres or less, or was it a separate issue. Mr. Betts said they were separate issues, one discussion was regarding clustering and one was regarding infill. Commissioner Hennigan asked on Lots 1, 2, and 3, is there a deed restriction W prevent further lot splits. Mr. Breedon said yes, the open space should be designed with a deed restricted to prevent further splits. Commissioner Hennigan said clustering in this case would have a negligible af_-ect for the safety of people on the ground and the resulting open area is a net gain for aircrafts. Commissioner Rosene asked if the map is redrawn, does the Commission get to see the new map. Chairman Harp asked how do the conditions get carried out, i.e., noise levels, avigation easement, etc. Mr. Breedon explained the procedure.. He said staff reviews all recorded subdivision maps for restrictions on any issued building permits. Commissioner Hennigan said in regards to avigation easements, this area has produced noise complaints, the area between Keefer Slough and Keefer Road in the vicinity of Hicks Lane and East, so he would think as a condition of approval of this project the Commission should require avigation easements rather than a deed notice.. He said they should require an avigation easement in the C-1 zone also. Commissioner Lundy agreed because of the future runway expansion in that direction. The hearing was opened to the public. No one spoke on this item. The hearing was closed. It was moved by Commissioner Hennigan, seconded by Commissioner Wheeler, and unanimously carried to find ALUC File No. A 05-05, Emerald Sea Tentative Subdivision Map consistent with the 2000 Airport Land Use Compatibility Plan, subject to the findings and condition3 listed below: SECTION 1: ENVIRONMENTAL FINDINGS A. No environmental documentation was submitted at the time of project review. SECTION 2: CONSISTENCY FINDINGS FOR PROPOSED PROJECT ■ Airport Land Use Commission 0 Minutes of Meeting of February 16, 2005 ■ Page 6 ■ A. The proposal for the Emerald Sea Tentative Subdivision Map, which would divide three parcels totaling 250 acres into 34 single family residential lots ranging in size from 1.41 to 67.76 acres, is consistent with Compatibility Zones. B 1, B2, -and C 1 as found in the 2000 Airport Land Use Compatibility Plan. SECTION 3: PROJECT FINDINGS: A. 'The 250 acre project site is subject to 3 different Airport Compatibility Zones: • Airport Compatibility Zone BI (Approach/Departure Zone) — 84.04 acres • Airport Compatibility Zone B2 (Ext.Approach/Departure) — 60.27 acres • Airport Compatibility Zone C1 (Traffic Pattern Zone) — 105.69 acres • According to 2000 ALUCP Policy 4.2.6 (b), (arrended on December 15, 2004) clustering of new residential development is limited in each of the applicable Compatibility Zones to a maximum of 4 dwelling units/acre. • The 2000 ALUCP policies regarding density, parcel size, and clustering are upheld by this project. The Tentative Map complies with each Compatibility Zone's densities limitations and does not exceed the allowed number of dwelling units. • The parcel sizes proposed by the Tentative Map would be largest within the BI Compatibility Zone, closest to the extended ru_zway line. Smaller parcels would be located approximately 1,500 feet to the east of the extended runway line. B. The project complies with the total number of parcels that would be allowed under the 2000 ALUCP. The total number of parcels proposed under this proposal is 34 (excluding "Lot A" sewage disposal area), which is 7.5 parce=s less than the 41.5 allowed under the applicable compatibility zones (see February 16, 2005 ALUC Agenda Report Table 2). C. The project complies with the minimum allowed parcel sizes that would be allowed by the 2000 ALUCP. The smallest parcel size on the proposed Untative map is 1,41 acres. All of the parcels substantially exceed the one-quarter E-cre minimum parcel size as required by the clustering policies of the 2000 ALUCP. D. The project provides for a total of approximately 147 acres of potential open land. Condition 44 requires the applicant to designate appropriai.e portions of each Compatibility Zone in accordance with the 2000 ACUCP. E. No structures on the project site would extend into protected airspace. F:, The project site is outside of the 55 dB CNEL noise contour. 0 Airport Land Use Commission 0 Minutes of Meeting of February 16, 2005 0 Page 7 0 SECTION 4: PROJECT. CONDITIONS: 1. For parcels located within Compatibility Zone B l . a. Gross density shall not exceed 1 dwelling unit/10 acres b. Minimum Parcel Size is 1/4 acre. c. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Residences and all buildings shall be located as far as practical from the Chico Municipal Airport extended runway centerline." d. Place a note on a separate, document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Maximum Building Height 2 stories." e. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "As a condition for the issuance of any Building Permit on these parcels Minimum Noise Level Reduction of 25 dB is required for construction of all residences." f. Place a note on a separate document which is to be recorded concu_-rently with the final map or on an additional map sheet that states: "Airspace review by 1he Airport Land Use Commission is required for all objects >35 feet in height." g. Place a note on a separate document which is to be recorded concu_-rently with the final map or on an additional map sheet that states: "As a condition for the issuance of any Building Permit on these parcels the property owner shall sign an Avigation Easement granting to the City of Chico the right of continued use of the Chico Municipal Airport in the airspace above the proposed parcels and acknowledging any and all existing or potential airport operational impacts." 2. For parcels located within Compatibility Zone 132: a. Gross residential density shall not exceed 1 dwelling unit/5 acres. b. Minimum Parcel Size is 1/4 acre. c. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Residences and all buildings shall be located as far as practical from the Chico Municipal Airport extended runway centerline." d. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Maximum Building Height 2 stories." e. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "As a condition fo_ the issuance of any Building Permit on these parcels Minimum Noise Level Reduction of 20 dB is required for construction of all residences." 0 Airport Land Use Commission 0 Minutes of Meeting of February 16, 2005 0 Page 8 ■ If. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Airspace Review by the Airport Land Use Commission is required for all objects >70 feet in height." g.i Provide a deed notice at the time of sale of all resulting lots notifying purchasers of the proximity of the airport and the potential for possible noise related impacts in -An ALUC- approved disclosure notice. ' 3. For parcels located within Compatibility Zone C 1: a. Gross residential density shall not exceed" 1 dwelling unit/5-acres. b. Minimum parcel size is 1/4 acre. c. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Residences and all buildings shall be located as far as practical from the Chico Municipal Airport extended runway centerline." , d. Place a note on a separate document which is to be recorded concu_-rently with the final map or on an additional map sheet that states: "Airspace Review by the Airport Land Use Commission is required for all objects >100 feet in height." e. Place a note on a separate document which is to be recorded concu_-rently with the final map or on an additional map sheet that states: "Maximum Building Height 2 stories." f. Provide a deed notice for the sale of all resulting lots notifying purchEsers of the proximity of the airport and the potential for possible noise related impacts in an ALUC-approved disclosure notice. 4. Open "Land as required by the 2000 Airport Land Use Compatibility Plan shall be provided. The applicant shall designate the required open land on the tentative map as per the open land requirements shown below. Once so designated, a note shall be place u-pon the map or on an additional map sheet indicating: "This open land is designated W comply with the . 2000Airport Land Use Compatibility Plan. This area shall remain free of structures and other major obstacles such as walls, large trees,, or poles (greater than 4.- inches in diameter, measured 4 feet above the ground), and overhead wires. ■ Airport Land Use Commission ■ Minutes of Meeting of February 16, 2005" ■ Page 9 ■ 2000 ALUCP Open Land Requirements Compatibility Zone % Open Land Required - Total Acreage of Zone Required Open Land (acres) µ BI 30% 84.04 25.2 B2 20% 60.27 12.1 C 10% 105.69 10.6 Totals: 250 47.9 4. Require avigation easements in the B-2 and C-2 zones. 5. Have some kind of legal remedy so that these lots are never developed to the north. 6. If the map is revised it will be brought back to ALUC for review. 5. ALUC File No. A 05-09 — Woodbrook Subdivision S O4-29 Vesting Tentative Subdivision Map (Tom Provost), APN 016-010-028 (was 048-034-019): Butte .County Airport Land Use Commission consistency review for the proposed Woodbrook Subdivision Vesting Tentative Subdivision Map, wh=ch would divide a 5 - acre parcel into 26 single family residential lots. The property ii located on the west side of Mariposa, between East Lassen Avenue and East Avenue, northeast Chico area. (SB) Mr. Betts gave a brief summary of the project. Chairman Harp noted that this was another application that would not have been necessary had the City of Chico's General Plan been consistent with the CLUP. The hearing was -opened to the public. No one spoke on this item. The hearing was closed. Commissioner Lundy said he was concerned with the open space issue of when they get to the last property to be developed. Commissioner Hennigan said there should be a small fee on each development so the County could buy the last parcel to provide the required open space. ' ■ Airport Land Use Commission 0 Minutes of Meeting of February 16, 2005 0 Page 10 ■ EXHIBIT C BUTTE COUNTY AIRPORT LAND USE COMMISSION CONSISTENCY FINDINGS FOR ( REVISED EMERALD SEA TENTATIVE SUBDIVISION MAP), APN 047-700-004,-003, and 047-230-028 The Airport Land Use Commission (ALUC) has prepared the following findings based on data contained in -the 2000 Airport Land Use Compatibility Plan (ALUCP) for the Chico Municipal Airport and in the Development Agreement, as well as site specific information Submitted by the applicant and ALUC staff. The following findings have been. prepared at the direction of the ALUC and are for the consideration of the Lead Agency (County of Butte) when making a decision on the project. SECTION 1: ENVIRONMENTAL FINDINGS A. Environmental documentation has not been completed for this prcject. B. ALUC consistency review isnot a project subject to the California Environmental . Quality. Act. SECTION 2: CONSISTENCY FINDINGS FOR PROPOSED PROJECT A. The proposal for the Emerald Sea Tentative Subdivision Map, which would divide three parcels totaling 250 acres into 34 single family residential lots ranging in size from 1.39 to 64.60 acres, is consistent with Conpatibility Zones B1, B2, and C1 as found in the 2000 Airport Land Use Compatib_lity Plan. B. The 250 acre project site is subject to 3 different Airport. Compatibility Zones: • Airport Compatibility Zone BI (Approach/Departure Zone)— 68.5 acres • Airport Compatibility Zone B2 (Ext.Approach/Deparlure) - 60.27 acres • Airport Compatibility Zone C 1 (Traffic Pattern Zone) — 123.17 acres • According to 2000 ALUCP Policy 4.2.6 (b), (amended cn December I5, 2004) clustering of new residential development is limited in each. of the applicable Compatibility Zones to a maximum of 4 dwelling units/acre. • The 2000 ALUCP policies regarding density, parcel size, and clustering are upheld by this project. The Tentative Map complies with each Compatibility Zone's densities limitations and does not exceed the allowed number of dwelling units. • The parcel sizes proposed by the Tentative Map would be=.argest within the B1 Compatibility Zone, closest to the extended runway line. Smaller parcels would be located. approximately 1,500 feet' to the east of the . extended runway line. C. The project complies with the total number of parcels that would be allowed under the 2000 ALUCP. The total- number of parcels proposed unser this proposal is 34 (excluding "Lot A" sewage disposal area, "Lot B" drainage and water., . quality basin, and "Lot C" common open space area), which is 7.5 parcels less than the 41.5 allowed under the applicable compatibility zones (see Agenda . Report Table). D. The project parcels are consistent with the DTU (Density Transfer Units) that are part of the Development Agreement for the Sierra Moon Subdivision. E. The project complies with the minimum allowed parcel. sizes that would .be allowed by the 2000 ALUCP. The smallest parcel size on the proposed tentative map is 1.39 acres. All of the parcels substantially exceed the one-quarter acre minimum parcel size as required by the clustering policies of the 2000 ALUCP. F. The project is conditioned to satisfy the minimum open space requirement for " each Compatibility Zone in accordance with the 2000 ALUCP. G. No structures on the project site would extend into protected airspace. H. The project site is outside of the 55 dB CNEL noise contour. SECTION 4: PROJECT CONDITIONS: 4b .Record an Airport Proximity of Acknowledgement notice notifying purchasers of the proximity of the airport and the potential for possible noise related impacts in an ALUC-approved disclosure notice. Prior. to the recordation of the Final'. Map record as a separate instrument an Avigation Easement'granting the right of continued use `of the airspace above the proposed parcels by the Chico Municipal Airport and acknowledging. any, and all existing or potential airport operational impacts. Place a note on a separate document which is to be recorded concurrently with the.. final map or on an additional map sheet that states: "An Aviga6on Easement is recorded. above the parcels for the Chico Municipal Airport and acknowledging any and all existing or potential airport operational impacts." Open.Land as required by the 2000 Airport" Land Use Compatibility Plan shall be provided. " The applicant shall designate the required open land on "the Final Map as per the open land requirements shown below. Once so designated, a note shall be place upon the map or on an additional map sheet indicating: "This open land is designated to comply with the 2000Airport Land Use Compa7dbility Plan. This' area shall remain free of structures and other major obstacles su,-h as walls, large.. trees, or poles (greater than 4 inches in diameter, measured 4 feet above the ground), and overhead wires. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Record an open space/land use easement outside of the designated residential development area on proposed Parcels 1, 2 and 3 to the City of Chico or other appropriate agency. for the Chico Municipal Airport. This open- space/land use easement is designated to comply. . with the 2000 Butte County Airport Land Use Compatibility Plan. This area shall remain free of structures and.other major obstacles such as walls, large trees, or poles (greater than 4 inches. in diameter, measured 4 feet above The ground), and overhead wires, except for structures and other obstacles in those_locations which already exist." Permitted uses with the open space area will be .designated by the Butte County Airport Land Use Commission (ALUC) for the Chico Municipal Airport. The easement will be in effect as long as the airport remains in operation or the ALUC deems it necessary." 2000 ALUCP Open Land Requirements Compatibility Zone % Open Land Required Total Acreage of Zone Required Open Land (acres) BI 30% 84.04 25.2 B2 20% 60.27 12.1 C 10% 105.69 10.6 Totals: 250 47.9 For parcels located within Compatibility Zone B 1: 5. Gross density shall not exceed 1 dwelling unit/10 acres 6. Minimum Parcel Size is 1/4 acre. 7. - Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Residences and all buildings shall be located . as far as practical from the Chico Municipal Airport extended runway centerline. 8. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Maximum Building Height 2 stories." 9. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "As a condition for .the issuance of any. Building Permit on these parcels Minimum Noise Level Reduction.of 25 dB.is required for construction of all residences.' 10: Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: '."Airspace review by the Airport Land Use Commission is required for all objects >35 feet in height.'.' For parcels located within "Compatibility Zone B2 11: Gross residential density shall not exceed 1 dwelling unit/5 acres , 12. Minimum Parcel Size is 1/4 acre. 13. Place a note on a separate document which is to be recorded con-,urrently with the `. final map or on an additional map sheet that states: "Residences and all buildings shall be located as far as practical from the Chico Municipal Airport extended runway centerline." 14. -Place a note on a separate document which is to be recorded concurrently with the. final map or on an.additional map sheet that states: "Maximum Building Height 2 stories., 15. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "As a :ondition for the issuance of any Building Permit on these parcels Minimum Noise Level Reduction of 20 dBis required for construction of all residences.' 16. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Airspace Review, by the Airport Land Use Commission is required for all objects >70 feel in height." For parcels located within Compatibility Zone C 1 17. Gross residential density shall not exceed 1 dwelling unit/5-acres 18. Minimum parcel size is 1/4 acre. 19. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that -states:: "Residences and all buildings shall be located as far as practical from the Chico Municipal _airport extended runway centerline." 20. Place a note on a separate document which is to be recorded concurrently with the . final map or on an additional map sheet that states: "Airspace Review by the Airport Land Use Commission is required for all objects>100 feet in height." 21. Place a note on a separate document which is to be recorded concurrently with the. final map or ori an additional map sheet that states: "Maximum Building Height 2 stories." tJ t5 l SS c�sZ, t f. y Butte County Department of Development Services Planning Division Airport Land Use Commission July 13, 2007. Meeting AGENDA ITEM — E.1 TO: Horiorable Chair and Airport Land Use Commission FROM: Mark Michelena, Senior Planner DATE: Julyl3, 2007 ITEM: Stephen Shuster (Modified Emerald Sea Tentative Subdivision Map), APN 047-230-028, 047-700-003 and. 047-200-004: A Tentative Subdivision Map to divide a 251.94 acre project site into 34 residential. parcels ranging in size from 1.39' acres to 64.60 acres. Three additional `lettered' parcels are proposed encompassing areas designated as follows: Lot A- Sewage Disposal Area; Lot B- Detention and Water Quality :Basin; Lot C- Common Area along the Rock Creek Corridor. The project site is located approximately. 2.5 miles east of State Highway 99 on the north side of Keefer Road, east of the terminus of Hicks Lane at Keefer Road, at 3746 Keefer Road, Chico ATTACHMENTS: A. Revised Tentative Subdivision Map with Compatibility Zones B: Draft ALUC Minutes (June 20, 2007) C. Findings and Conditions SUMMARY: The modified Emerald Sea Tentative Subdivision project was presented to the Airport Land Use Commission (ALUC) on June 20, 2007 for consistency review. Three items were raised during the discussion and the project was continued to August 15, 2007. Staff met with the applicant and agreed to arrange a special meeting on July 13, 2007 Staff has included additional information to obtain a new determination of consistency, with findings; and conditions. ANALYSIS: • The following corrections need to be made to previously submitted information. ■ Butte County Department of Development Services m Airport Land Use Commission July 13, 2007 ■ ■ Shuster (Emerald Sea TSM) 0 Page 1 of 6 ■ Compatibility ` Project Allowe Previous - Current . Residential - Average Zone Acres d Submittal Submittal Lot Size . Residential density: Range Lot Size 84.04 0.1 8 6.5 allowed 8:4 6.5 allowed Zone B l 68.5 'du/ac3.63 to 27.78 ac . 10.06 ac 6 proposed 6 proposed acres Zone B2. 60.27 0.2 12 allowed • 12 allowed 1.8 to 40.0 ac 2 . 5.02 ac acres duiac 12 proposed 12 proposed - , ,., Zones C1'. ' • .105.6 . 123.17 0:2 24.6 allowed 24.6 allowed 1.39 to 64.6 ac z ac ..'acres du/ac 16 proposed � 16 proposed ,7.69 .. Allowed: 444 43.1 Allowed: 44-5 43.1 Total Number of Dwelling Units , Proposed: 34 Proposed: 34 Lot A — 4.5 acres Nonresidential Lots. - Lot A — 4.5 acres Lot 13— 3.63 acres Lot C - 10.17 acres.. S 1.R Does not include acreage count of Lots A and B. 1 2. Includes acreage.count of Lot C 4 Lot A —.Community wastewater disposal area . Lot B — Detention basin t Lot C — Open space common area ' Staff has corrected the total acreage counts in the three airport compatibility .zones. This has 'caused a change in .the permitted number of residential lots in the 131 and Cl Compatibility. ; Zones. , • Staff has' also added in the ' above table an average residential lot size for the' three' compatibility zones. In figuring the average residential lot sizes, :Lot A (Community wastewater disposal •• area) and, Lot B (Detention Basin) were excluded in the B 1 ',' Compatibility Zone, but Lot C (Open space common area) was included in the B2 and C Compatibility Zones: Commission Concerns ' 1.. Lots located in the 13-1 Compatibility Zone (Parcels 4 through 8 on the proposed map) , require a minimum parcel size of 10.0 acres and the ALUCP does not permit density - average (i.e. clustering) for proposed lots in this compatibility zone. It was the opinion of the Commission that this would require revision of the layout of these lots.'on the "Tentative Subdivision Map.. , ■ Butte.County Department of Development Services ■ Airport Land Use Commission July 13, 2007 ■ :A ` ■ Shuster (Emerald Sea TSM) ■ Page 2 of 6 o J� - The issue with determining how to implement clustering is that the information in Table. 2A is not consistent with Section 4.2.6. Table 2A (Note 1) refers to clustering with regard to density and lot . sizes; while Section 4.2.6 refers to clustering individual dwelling units ,(no more than dwelling units on any individual acre) on contiguous parcels that meet the 10 acre minimum parcel size.; • Table 2A (Primary Compatibility Criteria) identifies both maximum density and parcel' sizes for residential development in the airport compatibility zones. Under Note 1 of Table 2A, it states that with clustering, some parcels may be much sma=ler than others as long as the maximum overall density criterion is not exceeded. Clu.tering of units is encouraged in Compatibility Zones 132 and C. As shown in the table above, the lots in the B-1 :Compatibility zone range from 3.63 to 27.78 acres, the average parcel size is 10.06 and number of lots, (six) does not exceed the maximum density. • 'Section 4.2.6, Criteria for Clustering — The ALUC generally supports clustering as a means for both enhancing safety compatibility in the airport vicinity and accomplishing+ other development objectives. This policy describes the purposes of clustering and the' limitations on its use. ,(a) Clustering occurs when development on a site or within an overall oompatibility.zone is concentrated in only a portion of the area and the remaining area is set aside either as open space land (see Policy 4.2.5) or is otherwise held to a low -intensity usage. Clustering may apply to either residential or nonresidential development (1) In term of airport land use compatibility planning, the primary purpose of clustering . is to provide locations where an aircraft can attempt an off -airport emergency landing. Clustering may also serve to limit risks to people on the ground, even if open land is not provided, by shifting habitable areas away from principal aircraft, flight tracks,'especially tracks close to the runway ends. (2) From a development perspective, clustering may be desirable or necessary because of -various other site planning considerations not associated with airport compatibility. (3) Examples of clustering include: Residential development where the building envelopes on large lots are all close together, such as adjacent to a street. = Residential Development in which most of the lots are sural: so that large area can be provided for purposes such as a common recreational. use or preservation of an environmentally sensitive habitat. (b) Clustering of new, residential development shall be limited as follows: (1) Zone A: Not applicable. (2) Zones Bl, B2, and C: Not permitted except - that individual dwelling units on contiguous parcels, each meeting the 10-a6re minimum parcel- size requirement; can be located near the common edge or corner of the parcels No more than 4 dwelling units shall be allowed on any individual acre. No increase in the ■ Butte. County Department of Development Services ■ Airport Land Use Commission July 13, 2007 ■ ■ Shuster (Emerald Sea TSM) ■ Page 3 of 6 ■ in number of dwellings units is allowed on a parcel as shown in Table 2A.. Buildings shall be located as far as practical from the extended runway centerline - and normal aircraft flight paths and shall be limited to a maximum of two stories in height. Project parcels location to extended runway centerline 2. Lots located in the B-2 and C-1 Compatibility Zones (Parcels 9 -through 34) require an average parcel size of 5.0 acres. Clustering of units. is encouraged; however, remaining lands must be set aside as open lands free of structure&(i.e. dwellings) and other, major• obstacles. The Tentative Subdivision Map failed to include these restrictions on the portion of property to offset the clustered units (Parcels 2 and 3) and the average net' density was not sufficiently demonstrated in the calculations by County staff. • The proposed residential lots in Compatibility Zones B2 and C meet the average parcel J size of 5 • acres and do not exceed the maximum density (as shown in the table above).' The residential lots, in the B2 and C1 Compatibility Zones are not required to use the: - r clustering provision. ■ Butte. County Department of Development Services ■ Airport Land Use Commission July 13, 2001 ■ ■ Shuster (Emerald Sea TSM) ■ Page 4 of 6 ■ Clustering occurs when development on a site or within an overall compatibility zone is. concentrated in only a portion of the area and the remaining area is set aside either as open space land (see Policy 4.2.5) or is otherwise held to a low -intensity, usage. As stated above, the development isnot required to use clustering to be consisteri with 132 and Cl- . Compatibility Zones. • If it is determined that.. clustering is being used, Lots 1, 2 and 3 are zoned A-46 (Agriculture 40 -acre minimum). Permitted uses are agricultural uses, one single-family dwelling and accessory structures. In June 2007 the Farmland Mappir_g and Monitoring Program (FMMP) of the California Resources Agency issued the Important Farmlands Map fon Butte County identifying Prime Farmland, Farmland of Statewide Importance,, Unique Farmland, and Grazing land. This map also identifies approximately 42% of the land in the County as either: Agricultural Land Not Yet Classified, Urban and Built-up Land, Othem Land, and Water. This map is based on a soil survey completed in 2006 and 2004 farmlands mapping data. Lots 1, 2 and 3 are identified as "Grazing Land". This designation is described as: Land on which the* existing vegetation is suited to the grazing of livestock. The minimum mapping unit is 40 acres. The minimum mapping unit for Grazing Land is 40 acres. - 3. The Commission also requested the Tentative Subdivision Map be rev -sed to show. the -locations of the 131, 132 and Cl Compatibility Zones as they fall across the. subject property. e Staff has provided maps that show the location of the compatibility zoned: 2000 ALUCP Open Land Requirements Compatibility,. Zone % Open Land Required Total Acreage . of Zone Required Open Land (acres) 131' 30% 68.5 20.55 132 20% 60.27 •12.05 C 10% 123.17 12.31 Totals: 251.94 44.91 ENVIRONMENTAL DOCUMENTATION: Environmental documentation has not been completed for this project. Commission's review of the proposed project and determination of consistency is not a "project" under the California Environmental Quality Act. ■ Butte County Department of Development Services ■ Airport Land Use Commission Ju_y 13, 2007 ■ ■ Shuster (Emerald Sea TSM) ■ Page. 5 of 6 ■ ■ Butte.County Department of Development Services M.Airport Land Use Commission Jcly 13, 2007 ■ ■ Shuster (Emerald Sea TSM)Page 6 of 6 0 EXHIBIT C BUTTE SUBDIVISION MAP), APN 047-700-004,-003, and 047-230-028 The Airport Land Use Commission (ALUC) has prepared the following findings based on data contained in the 2000 Airport Land Use Compatibility Plan (ALUCP) for the Chico Municipal Airport and in the Development Agreement, as well as site specific information submitted by the applicant and ALUC staff. The following findings have been prepared at the direction of the ALUC and are for the consideration of the Lead Agency (County of Butte) when making a decision on the project. SECTION 1: ENVIRONMENTAL FINDINGS A. Environmental documentation has not been completed for this project. B. ALUC consistency review is not a project subject to the California Environmental Quality Act. SECTION 2: CONSISTENCY FINDINGS FOR PROPOSED PROJECT A. The proposal for the Emerald Sea Tentative Subdivision Map, which would divide three parcels totaling 250 acres into 34 single family residential lots ranging in size from 1.39 to 64.60 acres, is consistent with Compatibility Zones B 1, B2, and C 1 as found in the 2000 Airport Land Use Compatibility Plan. B. The 250 acre project site is subject to 3 different Airport Compatibility Zones: • Airport Compatibility Zone Bl (Approach/Departure Zone) — 68.5 acres • Airport Compatibility Zone B2 (Ext.Approach/Departure) — 60.27 acres • Airport Compatibility Zone C 1 (Traffic Pattern Zone) — 123.17 acres • According to 2000 ALUCP Policy 4.2.6 (b), (amended on December 15, 2004) clustering of new residential development is limited in each of the applicable Compatibility Zones to a maximum of 4 dwelling units/acre. • The 2000 ALUCP policies regarding density, parcel size, and clustering are upheld by this project. The Tentative Map complies with each Compatibility Zone's densities limitations and does not exceed the allowed number of dwelling units. • The parcel sizes proposed by the Tentative Map would be largest within the BI Compatibility Zone, closest to the extended runway line. Smaller parcels would be located approximately 1,500 feet to the east of the extended runway line. C. The project complies with the total number of parcels that would be allowed under the 2000 ALUCP. The total number of parcels proposed under this proposal is 34 (excluding "Lot A" sewage disposal area, "Lot B" drainage and water quality basin, and "Lot C" common open space area), which is 7.5 parcels less than the 41.5 allowed under the applicable compatibility zones (see Agenda Report Table). . D. The project parcels are consistent with the DTU (Density Transfer Units) that are part of the Development Agreement for the Sierra Moon Subdivision. E. The project complies with the minimum allowed parcel sizes that would be allowed by the 2000 ALUCP. The smallest parcel size on the proposed tentative map is 1.39 acres. All of the parcels substantially exceed the one-quarter acre minimum parcel size as required by the clustering policies of the 2000 ALUCP. F. The project is conditioned to satisfy the minimum open space requirement for each Compatibility Zone in accordance with the 2000 ALUCP. G. No structures on the project site would extend into protected airspace. H. The project site is outside of the 55 dB CNEL noise contour. SECTION 4: PROJECT CONDITIONS: 1. Record an Airport Proximity of Acknowledgement notice notifying purchasers of the proximity of the airport and the potential for possible noise related impacts in an ALUC-approved disclosure notice. 2. Prior to the recordation of the Final Map record as a separate instrument an Avigation Easement granting the right of continued use of the airspace above the proposed parcels by the Chico Municipal Airport and acknowledging any and all . existing or potential airport operational impacts. 3. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "An Avigation Easement is recorded above the parcels for the Chico Municipal Airport and acknowledging any and all existing or potential airport operational impacts." 4a. Open Land as required by the 2000 Airport Land Use Compatibility Plan shall be provided. The applicant shall designate the required open land on the Final Map as per the open land requirements shown below. Once so designated; a note shall be place upon the map or on an additional map sheet indicating: "This open land is designated to comply with the 2000Airport Land Use Compatibility Plan. This area shall remain free of structures and other major obstacles such as walls, large trees, or poles (greater than 4 inches in diameter, measured 4 feet above the ground), and overhead wires. 4b. Place a note on a'separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Record an open space/land use easement outside of the designated residential development area on proposed Parcels 1, 2 and 3 to the City of Chico or other appropriate agency for the Chico • 0 Municipal Airport. This open space/land use easement is designated to comply with the 2000 Butte County Airport Land Use Compatibility Plan. This area shall remain free of structures and other major obstacles such as walls, large trees, or poles (greater than 4 inches in diameter, measured 4 feet above the ground), and overhead wires, except for structures and other obstacles in those locations which already exist." Permitted uses with the open space area will be designated by the Butte County Airport Land Use Commission (ALUC) for the Chico Municipal Airport. The easement will be in effect as long as the airport remains in operation or the ALUC deems it necessary." 2000 ALUCP Open Land Requirements Compatibility Zone % Open Land Required Total Acreage of Zone Required Open Land (acres) B1 30% 84.04 25.2 B2 20% 60.27 12.1 C 10% 105.69 10.6 Totals: 250 47.9 For parcels located within Compatibility Zone B 1: Gross density shall not exceed 1 dwelling unit/10 acres 6. Minimum Parcel Size is 1/4 acre. 7. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Residences and all buildings shall be located as far as practical from the Chico Municipal Airport extended runway centerline." Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Maximum Building Height 2 stories." 9. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "As a condition for the issuance of any Building Permit on these parcels Minimum Noise Level Reduction of 25 dB is required for construction of all residences." 10. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Airspace review by the Airport Land Use Commission is required for all objects >35 feet in height." !, 0 For parcels located within Compatibility Zone B2: 11. Gross residential density shall not exceed 1 dwelling unit/5 acreE. 12. Minimum Parcel Size is 1/4 acre. 13. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Residences and all buildings shall be located as far as practical from the Chico Municipal Airport extended runway centerline." 14. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Maximum Building Height 2 stories." 15. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "As a condition for the issuance of any Building Permit on these parcels Minimum Noise Level Reduction of 20 dB is required for construction of all residences " 16. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Airspace Review by the Airport Land Use Commission is required for all objects >70 feet in height." For parcels located within Compatibility Zone Cl: 17. Gross residential density shall not exceed 1 dwelling unit/5-acres. 18. Minimum parcel size is 1/4 acre. 19. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Residences and all buildings shall be located as far as practical from the Chico Municipal Airport extended runway centerline." 20. Place a note on a separate document which is to be recorded concurrently with the ,final map or on an additional map sheet that states: "Airspace Review by the Airport Land Use Commission is required for all objects >100 Ret in height." 21. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Maximum Building Height 2 stories." LOTS 40.WACRES �0• \ �`\ ,• LOT 9 _ 393 ACRES LOTS 11.36ACRES : % LOT a �` 5 LOT4 . e �ryt Yy' I _ IMACRES , 11.33ACRES LOT 171ACRES 470.00' Cc] cp i LOTH Io a o° 1aeC� i 11.59 ACRES iSEWAGE TREATMENT AND DISPDSIiI. 1 �. --------------- LOT 67.76 ACRES ACCE55OADY LEGEND A - SOIL PROFILE 13 - PERC TEST 0 - GROUND WATER MONITORING WELL W U' Z PROJECT LOCATION a r.� z 3 Y U_ SPYGLASS ROAD _ VICINITY MAP NOTES II�11� ZONING: AP N0: SUBDMDER STEPHEH J. SCHUSTER 4011 SPYGLASS ROAD CHICO, CA 95973 LAND AREA: 250 ACRES SANITARYSEWER: COMMUNITYSEWAGETREATMENTFACIUTY o• TENTATIVE SUBDIVISION MAP EMERALD SEA SUBDMSION A PORTION OF SECTIONS 21,2Z 27, AND 28, T. 23 At R 1 E, M.D.AI. IN THE UNINCORPORATED AREA OF BUTTE COUNTY, CAUFORNLA SCHUSTER CUSTOM HOMES PRECISION SURVEYING 717 FIFTH STREET ORLAND,CAUFORNIA 95963 530865.4194 =n9deerd.PC3 PATE, SCALE SHEET 10MM ecroaet20M r=ma 1 of 1 i , h l _ I i , 267290' .,k 160Af1' 63362' y (:),oPG LOT 2 Cj0 I 4MACRES 0\I lr" 91W" HI �s LOT 16 x71 ACRES J 241P 1014 es5 PG� ds�� 0�l0.I ROCK £ 11 LOT 15 xooacrrEs p�r'�P�t�9y� ��-,� LOT 18 i 207ACRES ,� 1 ''----------- �� LOT 19 LOT 32 1 343.2F ---------- �. LOT 20 21oacREs 744.41ACRES i iroacR s o'er LOT 22 LOT 21 Z27ACRES m 3 a LOT ! 1 LOT 23 x7zacREs x72ACREs 2148e LOT 30 1.z5aCREs j 306ACRE5 y65.0p r 1.19ACRES 2 LOT 29A LOT 13. LOT24• I x75ACRES , �v 1.23ACRE5�j ZMACRES ySP� LOT 28 • Z50ACPZS % /' LOT 250 ACRES LOT26 ; LOT 11 " 260 ACRES ��/ 1.93ACRES \ LOT 25 yflOP-, ,- LOT 1.96ACRM \� \ �`\ ,• LOT 9 _ 393 ACRES LOTS 11.36ACRES : % LOT a �` 5 LOT4 . e �ryt Yy' I _ IMACRES , 11.33ACRES LOT 171ACRES 470.00' Cc] cp i LOTH Io a o° 1aeC� i 11.59 ACRES iSEWAGE TREATMENT AND DISPDSIiI. 1 �. --------------- LOT 67.76 ACRES ACCE55OADY LEGEND A - SOIL PROFILE 13 - PERC TEST 0 - GROUND WATER MONITORING WELL W U' Z PROJECT LOCATION a r.� z 3 Y U_ SPYGLASS ROAD _ VICINITY MAP NOTES II�11� ZONING: AP N0: SUBDMDER STEPHEH J. SCHUSTER 4011 SPYGLASS ROAD CHICO, CA 95973 LAND AREA: 250 ACRES SANITARYSEWER: COMMUNITYSEWAGETREATMENTFACIUTY o• TENTATIVE SUBDIVISION MAP EMERALD SEA SUBDMSION A PORTION OF SECTIONS 21,2Z 27, AND 28, T. 23 At R 1 E, M.D.AI. IN THE UNINCORPORATED AREA OF BUTTE COUNTY, CAUFORNLA SCHUSTER CUSTOM HOMES PRECISION SURVEYING 717 FIFTH STREET ORLAND,CAUFORNIA 95963 530865.4194 =n9deerd.PC3 PATE, SCALE SHEET 10MM ecroaet20M r=ma 1 of 1 tcoun � to Y! LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 February 17, 2005 Stephen Schuster 4011 Spyglass Road Chico, CA 95973 RE: File #A 05-05/ AN 047-700-004, 047-230-028 Dear Mr. Schuster: On Wednesday, February 16, 2005, the Airport Land Use Commission (ALUC) found the referenced project to be consistent subject to the conditions as referenced in the staff report. Should you need additional information, please contact Dan Breedon at (530) 538-7629. Sincerely; Lynn Richardson Commission Clerk 0 February 8, 2005 daft¢ C. L A N D O F NATURAL W E A L T H A N D B E A U T Y Stephen Schuster, Emerald Sea Subdivision 4011 Spyglass Road Chico', CA 95973 PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE (530) 538-7601 FAX: (5'0) 538-7785 RE: ALUC File A 05-05, APN 047-700-003, 004 Dear Mr. Schuster: Attached please find your copy of the Agenda Report for File No. A G5-05 for a consistency review for the proposed Emerald Sea tentative Subdivision Map, which would divide 3 existing parcels totaling 250 acres into 34 single family residential loy:s ranging in size from 1.19 to 67.76 acres, and 1 sewage disposal area (Lot A). the property is within the unincorporated area of Butte County, and is located on the north side 3f Keefer Road, on the northeast corner of Keefer road and Hicks Lane, north Chico area. A public hearing is scheduled for February 16, 2005, at 9:00 a.m. The meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. If you have additional questions, please contact Dan Breedon (530) 538-7629, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Enclosures Cc: Precision Surveying Z APR -18-2002 12:27A FROM: TO:5382140 P:1/14 SCHUSTER HOMES uric. 4011 Spyglass Road Chico, CA 95973 (536) 894-0894 Cell 570-6400 Fax (530) 894-2256 FAX COVER SHEET DATE 9/28/06 TO: Stacy Joilis FROM: Steve Schuster PAGE: 1 of 14 Stacy , I have enclosed the ALUC agenda that shows what ALUC approved. The flex lot provision in the clue was used to achieve the 34 -lot approval. The minimum lot size is'''A acre in the B-1, and B-2 with the flex lot provision applied. 1 had forgotten we used that provision in the ALUC approval. l will be sending you the revised map, which will look like the approved ALUC 34 -lot map, the first of the week. It will include the open space along the creek as you suggested. Thank you Steve Schuster .4. ef N. Nr' 4.v f; 71Q 116" fill mummmml j A 2 A �t'z MM . . . . . . . . . P2 , -iFimmi 4A Iv ,. ,: ;� i' i .. O vEa)LOw wER IsrRa RamcELLn roma) OrfivtA)9aEOLnFSr FL UIi �^� BMR AORAI STONE RAEF<')ION Iw�WID) . eU1Mf J)MR ROR(rWl MMISIWiE E[OIECfIRa ROf[E[FFR ROO[ CllEn IOaYEn0.wYEL-EL Uls �G �'�:I f—� Iao-rua�atER roovaur+D cma+EL�cR / / 1 I.F.cP.\v a a)R (IACALI lll.l I �/r� CRt9t eN1[y.OSEAM0LV3n91.W.ee � i"` - ROOR LVNramLYu aAmawM.m nu. eon ceEEA lureA[ DwrwmoLoa Rowounzr ��°' ounLsrocoxnaLaAm� )woA)m Laa n.owouDEr wAIE)Y omE)r.uN )um ^_ NOR RWOEEDi1LL iOe ADI.)LFNI pEVEIlYNUr) D EL U60 f. 8 C IIORO.OMAL SCALE: I�Jp vEeTC.LLSCAt&N13 DRAFT �^�. - — IorenaovEULowsrRiwAr � /� SCINSSER HOMES FA PR E SFA PRO1fLT S DRALYAGE SIVDY DRAW ONSITE DETENTION/WATER 1 OMa I W9. Ibimul C®Y CJi6v 9mM �SY®E®).mOmrdmletAA 1 I: RWDC¢YR0.33RLaAY I j oe)mLtlwEol \ nm wnrrvw 0®ell%)IVAW) vmiml CnwY �'Ni®IOmRYE vctblha�ISUMGVDML to mNu.ammroRE �i IMIOATE91 228.5 228.8 i + war ROMEMEa.unsaA 1 ILau„ox A)RORWATEI OVEe)i0w $rILLaAr � `_� / / o IW 9GIPaRE. �-y \\\ i 229.,5 \ DRAFT ECINSIER CVSlWANOMFS \ �7'I \ EMER , IQE aR0)ER DRADiAQE S1llDY OYSITEDETENTIO`UWATER 230, , QUALITY BASIN 1 vEa)LOw wER IsrRa RamcELLn roma) OrfivtA)9aEOLnFSr FL UIi �^� BMR AORAI STONE RAEF<')ION Iw�WID) . eU1Mf J)MR ROR(rWl MMISIWiE E[OIECfIRa ROf[E[FFR ROO[ CllEn IOaYEn0.wYEL-EL Uls a a)R (IACALI lll.l ROOR LVNramLYu aAmawM.m nu. eon ceEEA lureA[ DwrwmoLoa Rowounzr ��°' ounLsrocoxnaLaAm� )woA)m Laa n.owouDEr wAIE)Y omE)r.uN )um NOR RWOEEDi1LL iOe ADI.)LFNI pEVEIlYNUr) D EL U60 f. 8 C IIORO.OMAL SCALE: I�Jp vEeTC.LLSCAt&N13 DRAFT SCINSSER HOMES FA PR E SFA PRO1fLT S DRALYAGE SIVDY DRAW ONSITE DETENTION/WATER 1 QUALITY BASIN SECTION S CO�Emu.a to MITIGATE ONSITE Capture and treat development volume. Release slowly — after storm peak Pond percolation — not counted . LEGEND .. ,�y YROT.LT OOUNDARY. �O"/ cnrr�m.owrAtx /VSs. YAIPMGFEI 1 - DRAFT SLHUSTCR CUSTOM ND.IPS PRO _ • DEMERALD RAINAGB G651VDy EXISTING CONDITIONS 100 -YEAR FLOW SCHEMATIC ® tfa FlG11�0� MITIGATE ONSITE Capture and treat development volume. Release slowly — after storm peak Pond percolation — not counted i . '- •• , 4-�%_ �/`/\?��1\°„ -i �� 1401ECf BDUn'D.UY r ' • i • � (�i. `JJ , �1 �< 71,r � ; sem: 1: , \ CaaOh•�J,omiPm05bm,; Ao�o.®mlwanwilr P'• •. - I \ � � `' ���\` %.;.,-,n, 'umlMd�uevmblD®d11A 1� f , •— J '�� DEAFT —r _ f . • p• WNDOlON9 SPOM ROIECP OODPLAIN . '- •• , 4-�%_ �/`/\?��1\°„ -i �� 1401ECf BDUn'D.UY r• ' • i • � (�i. `JJ , �1 �< 71,r � ; sem: 1: , \ CaaOh•�J,omiPm05bm,; Ao�o.®mlwanwilr P'• •. - I \ � � `' ���\` %.;.,-,n, 'umlMd�uevmblD®d11A 1� •— J '�� DEAFT —r _ f . • p• TC 1. .. _ •. f D"PAh�h�c a¢ense -Im - 1 � { ' e • e � ' + • scRunu ms NOMFS 7 - ,. • * f • - PROPOSED CONDPPIONS 100.YEAR PLOW SCHEMATIC yy . _y , .. NOME ' i - e�rwuaee " - r . '- •• , 4-�%_ �/`/\?��1\°„ -i �� 1401ECf BDUn'D.UY ' ' • • • � (�i. `JJ , �1 �< 71,r � ; sem: 1: , \ CaaOh•�J,omiPm05bm,; Ao�o.®mlwanwilr P'• •. - I \ � � `' ���\` %.;.,-,n, 'umlMd�uevmblD®d11A 1� •— J '�� DEAFT —r t • { f �� `' ENERAID SPA P 1 •� 1�` � lr��` .. • DRAINADE �B � IQNYEAR PROPOSED _ CONDITIONS PL ' ' • • raorzc eouwAar — ou�mnw rAm 1: 1� aaa aPPxro norosznwcanuw�m..varA.rn dd c}' r — O' D"PAh�h�c a¢ense -Im - 1 F DRAFT• • • scRunu ms NOMFS 7 - ,. • DRAMADS EMFRAI.AGE PRDT ' STDDY • - PROPOSED CONDPPIONS 100.YEAR PLOW SCHEMATIC ® �nauael ;1° 1: 1� • 1 • 1 f � _y , .. PROPOSED DRAINAGE • Divert off-site flooding around project • Create an "island" • Excavate an alternative flow path • Raise up Emerald Sea • Capture off-site peak 4 �; �� \ •� •~ � l \,:I% RRoscr Ranonr.Y � � �S ,�[ •�'. � norosacemmmonm� vRovosmovmrtow,coMvcrne+® ` l 1 — ,� �. 1."'• p�¢1FRMnIn �aou af6�Rro o��ow na�mmia®ew R... se. rns ' ` �• � � i - \,' ,� T�;•�\ c—d'er sY�l: l.rtmmslom'taRm / `i •*, M ` l � lNi l!� Y�• � nmufrauevwa mam at�e]91MGVUri1 �. '.. s ' � SEK '• y0 t) � �. \ ,�•� 61OIAN RO ROCIt � \ � 0 31 { -k, DRAFT A •s� W �`� % \ �\. �� ((� SQiUS1ER CtISfO E4JWT ER PItOy NI GE OMI:I )i. \ �GE STUDY PROPOSED PAMMES ��Rruae� 4 1. I r' i 1. I r' ' LF.GFND , - 91EU BOUtIDARY SIRWM � 4 SOURCE: US Amp Cap efCglnm • I - m�� • t 1 EI 0 IOIDO , � ♦ SCAIPw)EEf DRAFT • p • XNUSTERCUSTOOIN EMERAINAGES ECT DY DMINAGB STUDY _ EXISTING CONDITIONS DRAINAGE SHEDS f LEGEND _ RD2lT DMwDMY IOPYIiM fi}1 i1.0®.I,.UN -- C9IRL.P4MROC REQ! SOURS: I�almtl�4mb W&ml•fim Ra .wefm OmooflW wA6D) VWeldlom6 wml D.� vma mm m I on wcvm+) 0 sA�wEERr DRAFT SCIDISTER CI151'OM HGME9 En>ERAI.osRw RRaRcr . DRAINAGESTUDY 100 -YEAR EXISTING CONDITIONS FLOODPLAIN - 'pD000R3 t i\ \� -� .t`✓ LEGEND r � •l �:T. !t �. � � PRMCR OOIISMAY 4 .i - _ _ _ _ _ _ _`_ _� � �• ��� ~ , '�� 1 Ta=co.. ranam...aer�..mm. { MADo ��� -� -Tf � � v� \'-•� l� �T• , NWwlfmlmc YaJW O.n�i9M lNP'D39� SOURCE �• !�� �_. �tiI�1 f00 DRAFT SCNUS CUSTOM HOMES J \\ wERALDSEA PaaEa Bei .^�"�� .lam •y �\`f-�J DMMADF,SNDV l .: •�,l'(� a� \ OPO PROSED PROJECT OPOSDBBASIN BOUNDARIES �Dwne � EXISTING DRAINAGE • Alluvial Watershed • Rock Creek splits to Keefer Slough — majority of Keefer flow originates in Rock Creek • Flow through undeveloped project area is a flowing floodplain — not Ccponded" VA X7i m v Rr UI � r _ .kms rfr 1 a •� y .0 K al,. ��+ ,f,'Vyr� 4 > FA l.� •.s.i -17 AM �sc - ate• ./ P\ ;� �M � � r •� L tn �, lig_ ' �_;,,.•.� ,`�� F�r ��.�`� pH r�iicq �;. Questions & Answers �� '�'i� IaorEARcnE>:IcroovnLArm L�Ene eAlaw®eAHocvesnvuu. coia+Ecnox /1 / ee f l -J .�'r'—.. LEacv { - IIAOALI Ltl R � nOODMMn0.CFL. wATOl Dl1ALDY RLLI tOC m un 1. YEA0. Mron1PD LOw EIAW OUILLrt C1F.G[ �¢ r_ 1 t ^� �G� Sia{� Cu.IsuuP Hrs - I�uuzm+ru sulc Iwo f �. DRAFT o.vaAaovrwtovs uaw•r ENERAID SEA PRO)ELT `` ORALYAGESTUDY � \ Cotm 100➢. Naheml0mo b CJiR.v 9m M CAmiu m fm ),mRvnuam0e Nm0 I Ii H.00DCOVRp.51LLLWAY I \ \ nrr� OlIWl1uAODL vmtiN.m.ab IOmiem10m01W YmuetOm�IOMINOVDDL E'L AL won rope ouaawoo;o) _ aLAraeDvl \ 228.5 "t26.3 QIIOf iAOH EHEYND RO ` C (LOGTI0.V AIORO!tpAhl OVEULOW SIILLWAY � �� . o IOD +22'd.3 \ \ DRAFT S SYER NS)OM HOMES 230. �" EMERAID SFA PRO)ELT DRAIYAGE"MY ONSITE DETENTIONIWATER , ` QUALITY BASIN 1 ® Elcuaeo 7 YeLLLow wen Isw.IwmcELl.n ro•�„ nl ovE.uHo wenLnnsrD. n).) mn � aAne urw sralerRorecmx OPYAlgm1A0.XO0.E0) unAE Slor.a rxomn)oH R�'�;E rLalaooE noECL�mc It000. EREC0.1 VM0. WSEL-EL AI.e { - IIAOALI Ltl R nOODMMn0.CFL. wATOl Dl1ALDY RLLI tOC m un 1. YEA0. Mron1PD LOw EIAW OUILLrt C1F.G[ �¢ OIIIittBroCOHilId. WATFJI ElMOAtFDIOw fLW QnlBT j auALnY omexllEw nHe NO2 pOM5f➢ee1 nR AOIACEYIDEVELOOHIXEOELLLA S. Sia{� Cu.IsuuP Hrs - I�uuzm+ru sulc Iwo f DRAFT SCHUSIEe NSTOM HOME$ ENERAID SEA PRO)ELT ORALYAGESTUDY ONSITE DETENTIONMATER QUALITY BASIN SECTION - vuuLc to 7 MITIGATE ONSITE • Capture and treat development volume • Release slowly — after storm peak Pond percolation — not counted ' LEGEND ,�} PR01�'I DOUNDALv B� cse rmnwr.�x �W4G18I INI . .t� 4 �\ \ / 0 I]00 SUlP 01 FYI DRAFT SCHUSTER NSTOM NO .. ENERARADlAEA `W DGG SVDY EXISTING CONDITIONS r 100-YEAR FLOW -'HEMATIC rm cloDae. MITIGATE ONSITE • Capture and treat development volume • Release slowly — after storm peak Pond percolation — not counted C � _. ® iwooruwueosmmNmlw�s --- cwreumaor "oa ca sR r- � comas. A+�m.s.Ra®aee. wo � `'. 1 ASDesmmerlw aADMt vwsls®D .�'Y4W O<Nnie Ven41 Dumel�020MOvonl. � — — —. -^ ,. lam,•-, G�4,r G•j' , - ,, I - R cy. - " � — '�v SCAUPM iflR DRAFT SCHVMRCUS Hms !. EMERALD SEA PROIECf d t00 -YEAR PROPOSED CONDITIONS FLOODPLAIN ..`AFM + `, �' �•- � 5 LEGEND — — mam .4DA"r — atavrl.ov rnnl e� aoAD /a CA Au rmHRDLxuErxro rRRnoroseoarc"rwwAowD wAw C`' Aclurv•iuom ,,,r� d�•�' r��ir owHw'cDt^7 s��, d +�^ a cfs scALe M rrzr � OVE""c nclGsa g� DRAFT / SCNUSTER CUSTOM HOMES EMERALD sm Ron DRADIAGE SORiv PROPOSED CONDITIONS I ONVEAR FLOWSCHEMATIC V ® swamm�ur 5 PROPOSED DRAINAGE • Divert off-site flooding around project • Create an "island" • Excavate an alternative flow path • Raise up Emerald Sea • Capture off-site peak 4 ".✓� — — P0.—Y _\ � .�•�. �� reovo..�oovmnua•.coHw;vw® 1 ,, r (.ate — — — — _ r- (.� �^" �eev.... �.y�'/ � �E �. =wmsekmww am.r h•,w f � � CN�E[ro � W1v+000. 11aimstl GmmnCJi�9s llu \� ; .y.. 1 , , oem.•Qavewver�e raoam..m®z—+.Rwmaoawm .6 xnoauw—, 1 DRAFT �� W "�✓_ ,,. .� r�1., �� �.• SC1IU51ER HOMES ERA PR ENNAGESMROIECf OMIY�GE � PROPOSED PACE MES �owuae> 4 N •I i • i 5 •I d • i i .. + • . ♦ � - v LEGEND � SH£D60UIOARY 9DIC4f . .C•' 1 •I d • i .. + • . ♦ � - v LEGEND � SH£D60UIOARY 9DIC4f . .C•' } 1�SOUR y` • • _ a., i — `— �� ��\�1� y �'� I y � •� l ,� } l '•_ \ \� � • , i � SOURCE: p. US Amp Cap lCr)'vm f � �� _ , ., ' ��o��"•� Vow? r� � _+ ice\ \•,1 Y ��\\� - ' .. __ '�� �� DRAFT �•: 'Y ` J �' 'V•v�\ � J✓ 1 � .�. SCHusTER CUSTOM NOMF9 .. ENEMID SEA PROIECf DRAINAGE STUDY "- 1�~ IWYEAR EXISTING CONDITIONS FLOODPLAIN ' DRAFT • '�l " - - sc)(us)mcusToNDOMEs EMERA)DsEAIRO)ER DRAD)AGEMDY EXISTING CONDITIONS DRAINAGE SHEDS •I d • i I • %q{.1) �+ !}� • '" ® ImYEAt EX6fw0 D.WM)AM — — (Elr)O) mYwx CACDt •I d • f�i11Tl�`�" sLEGEND I • %q{.1) �+ !}� • '" ® ImYEAt EX6fw0 D.WM)AM — — (Elr)O) mYwx CACDt . .C•' } 1�SOUR y` • • _ a., i — `— �� ��\�1� y �'� I y � •� l ,� } l '•_ \ \� � Oaab lM IlWrml�®bCJ1ANr 5saM tmtlmw SYum Ls)aEvmlbbA'erm Amfrapm MlAl pADw) Vaeeldemb GmEub Vauel Dam of l9P(RGVDA) , i •I d • f�i11Tl�`�" sLEGEND I • %q{.1) �+ !}� • '" ® ImYEAt EX6fw0 D.WM)AM — — (Elr)O) mYwx CACDt . .C•' } 1�SOUR y` • • _ a., i — `— �� ��\�1� y �'� I y � •� l ,� } l '•_ \ \� � Oaab lM IlWrml�®bCJ1ANr 5saM tmtlmw SYum Ls)aEvmlbbA'erm Amfrapm MlAl pADw) Vaeeldemb GmEub Vauel Dam of l9P(RGVDA) , � p. • f •I • f�i11Tl�`�" sLEGEND I • %q{.1) �+ !}� • '" ® ImYEAt EX6fw0 D.WM)AM — — (Elr)O) mYwx CACDt . .C•' } 1�SOUR y` • • _ a., i — `— �� ��\�1� y �'� I y � •� l ,� } l '•_ \ \� � Oaab lM IlWrml�®bCJ1ANr 5saM tmtlmw SYum Ls)aEvmlbbA'erm Amfrapm MlAl pADw) Vaeeldemb GmEub Vauel Dam of l9P(RGVDA) , � p. AAA I � �� _ , ., ' ��o��"•� Vow? r� � _+ ice\ \•,1 Y ��\\� - ' .. __ '�� �� DRAFT �•: 'Y ` J �' 'V•v�\ � J✓ 1 � .�. SCHusTER CUSTOM NOMF9 .. ENEMID SEA PROIECf DRAINAGE STUDY "- 1�~ IWYEAR EXISTING CONDITIONS FLOODPLAIN •I - - i (40 • EXISTING DRAINAGE • Alluvial Watershed • Rock Creek splits to Keefer Slough — majority of Keefer flow originates in Rock Creek • Flow through undeveloped project area is a flowing floodplain — not 19 ponded" 2 SOURCE, LEGEND 0 �7' 0 EXISTING DRAINAGE • Alluvial Watershed • Rock Creek splits to Keefer Slough — majority of Keefer flow originates in Rock Creek • Flow through undeveloped project area is a flowing floodplain — not 19 ponded" 2 SOURCE, LEGEND 0 EXISTING DRAINAGE • Alluvial Watershed • Rock Creek splits to Keefer Slough — majority of Keefer flow originates in Rock Creek • Flow through undeveloped project area is a flowing floodplain — not 19 ponded" 2 SOURCE, �7' M DRAFT, KHURTER GUSTOM HOMES EMERALD SF k PROJECT DR MGF STUDY PROPOSED PROJECT AND SUBBASIN BOUNDARIES EXISTING DRAINAGE • Alluvial Watershed • Rock Creek splits to Keefer Slough — majority of Keefer flow originates in Rock Creek • Flow through undeveloped project area is a flowing floodplain — not 19 ponded" 2 FW § ro 12 60,40 t�'+ • ems. btf'+--r.'�' rf, �' s, � ,w.r'�i IT -D %1,7J9, v fyf -a•� ttt � �`�\ r X1.71 OF Q.11CQtirr .. � ,. . . - f �. - . -... r - '. .. .. � s .. `� � .t ',y-�. ,. -. .. - . u. � - . 2814.70 _ - ------------I PROJECT .,• _ _ _ I `. - LO ' OI � PI/[ i� r'JI*lLS r • ' , 1 I', � •] k f •. , r„�,.': r'" i �- CATIONus us V.f1 • f �D /Ifi� KEEFER ROAD I (//(J ,'' 1 ''.,� ., • y - ' ' . ` /1� // 1 *' `j } r r I „ t d LOT 1, \ ` t` / • y a tj 1 _SPYGLASS ROAD—­­ J OAD , yy /ti a •,. _ , . , l=, , , 4 t',.- .f r * �, . F "�l. 1 k ''h`a ... . •- � . •�_ f .., _' 1't - •� r' ..�,., t . err' r x 1, l; '+' r - 1 '�. - VICINITY MAP 287280' ..i - z t N 'y,i�� - ,"L; •'♦. �. - �'' • - - 1083.85• _ , a : 509.14' • - s336Y -`- ,' ., ��—' ^ 1)3ro,--•�.�... 30'EMERGENCY -�` - .. .. ` + n / D ; s �' ACCESS ROAD j 19Pp�\(?oto ..R• ., {. �.`' 1 ti ,056 �1 0�f�s\1. �r : "' _ ! Wl �4 I'D�� \\�\�' 'x/ �". , NOTES :}ACRES�I (. ZONING: �aer3 SV 1 IU , ^` 9 • r� ! LOT 1E' , �J ''V • APNo: N'�..760�poH�003 ♦ g �R6 PG �4. V 271 AC1a S SUBDIVIDER' STEPHEN J. _4011 SPYGLASSSS ROAD ROAD K 81535 1A3.b6 Y ' 10 CNICO, CA 95973 1 )� LAND AREA: 250 ACRES LOT 3 / 6p'L,�y� '• � 6 P CREE 1 I � 8 ROCK: z I 1 , _IA./i� 4a00ACRES �G n L � % n_,� ♦ '1000P o'. ?23 LO22'z72acREs / r 2 'PLOT 24 • 298 ACRES `� \ \ LO '45 `' �I `.. - SAN/TARYSEWER: COMMUMMYSEWAGETREATMENT FACILRY zoo f: 2077ACRES ,A 1 1 1'•' r \•''/////� v ' l ' LOT 19 RE 1• LOT 32 'I LOT 20 vo acREs z� M 4.41 ACRESis TcR s 1 +t. �6 " -fit 21. 227AMS ' }I IyV " 31 ,RES �, LOT RES ; f 125 ACRES 214AS LOT 30 � +.yq• �j ' r�' gg5.00' 2 1.18ACRES ' \, • -- ^ LEGEND •L+ �- LOT 1. . T _ LOT s' 254 ACRE; A-SOILPRORLE v 1.23ACRE5 � � � 27sacREs y `X01,50AOMS'OT28. ,' �' a - ' \ ,/LOT 12 O1 d'PERCTEST 250ACREs : > - f.78ACREs i1/,y�,vs �! O -GROUNDWATER MONITORING WELL ' LOT 26 �" i SLOT 11��'�+ �/+ f f Lb � `\ 2WAl:HE3 '. LOT 451.9. \ \\\\ LOT 25 1.98ACREs 'd\ ` • ► . `. LOT9.1- t 3A3ACRES JG o' ' � LOTS .(/" SAO ; `;.. " ' : , ,�.,a 1. �,1ff ` I$ _ LI 11.38ACRES /� z• S ena - Ew �C./✓ •' i ' - ,'_JCRES qfA !h+' _ .• . ✓ .: %�J / , • orsn e �+f w 11.33 ACRES •� LOT 7 moi% 171ACREs Lb l '// ' _ f } • TENTATIVE SUBDIVISION MAP �� EMERALD SEA SUBDNISION ram:• '' '' '� m A m A PORTION OF SECTIONS 21, 72, 27, AND 28, T. 23 N., R 1 E., M.D.M. IS 1.5oA LOTA F 1 70 • c y • r 1 -. IN THE NCORPORATED BUTTE COUNTY,CALIFORNIA LOT6 OF t i \ 'SEWAG TMENTAND S 11f.59ACRES - • .; .r +' . - • • , .. .. ( ` 1 11 11 g _ 4./- ` D / SCHUSTER CUSTOM HOMES ----: -- - --7 -XWjERR 6-- PRECISION SURVEYING 717FIFTHSTREET ORLAND, CALIFORNIA 95963 5348654184 `�� yJ �/ `/p`�`-A o1` /�4� •`1 /*/ 'rI���/, 1/ yr , u/,% • ���W, r /GJ .1 G %,� li lV �- ' ! ' I t eme as teM f�cs 0a7E SCALE �J SHEET 1, falser OCTOBER, 2M r=2oa r of r ' i , BUTTE COUNTY AIRPORT LAND USE COMMISSION Minutes of June 20, 2007 1 A. PLEDGE OF ALLEGIANCE 2 3 B. ROLL CALL - . The meeting was convened at 9:00 a.m. 4 5 Present: Commissioners Robinson, Lundy, Teitelman, and Chairman Hennigan 6 -. 7 Absent. Commissioner Wheeler 8 9 Others Present: Charles Thistlethwaite, Planning Manager 10 Tina Bonham, Commission Clerk 12 C. Minutes - May 16; 2007 13 It was moved by Commissioner Teitelman, seconded by Commissioner Lundy, and unanimously 14 carried to approve the May 16, 2007 minutes with the following changes, page 3 Line 29 change 15 "Commissioner Hollis" to "Commissioner Lundy", page 5 line 16-18 charge to read as "Chair 16 Hennigan said that, according to a consultant, the C zone is far enough away that safety would not be 17 an issue. ", and change spelling of "Teitelmann" to "Teitelman". 18 D. Acceptance of the Agenda (Commission members, or staff may reque-t additions, deletions, 19 or changes in the Agenda order.) 20 It was moved by Commissioner Teitelman, seconded by Commissioner Lur_dy, and unanimously 21, carried to accept the agenda as presented. 22, E. ITEMS WITH PUBLIC HEARINGS: 23 24 1. Policy Determination on Table 2A (Primary Compatibility Criteria), Net versus 25 Gross, Density Staff was directed by the Airport Land Use Cummission (ALUC) to 26 bring forward information in order to make a policy determination on net versus gross 27 density with regard to residential land divisions subject to the 2000 Butte County 28 Airport Land Use Compatibility Plan. 29 30, Mr. Charles Thistlethwaite gave a summary of the item. 31 32 Commissioner Teitelman asked if the B-2 zone requires an average size larger than 5 acres. 33 34 Mr. Thistlethwaite said yes. 35 36 Chair Hennigan said the table is expressed in dwellings units per acre. 37 38 Commissioner Teitelman still had questions regarding calculating off of the gross acre to meet the net 39 density requirement. ® Airport Land Use Commission 0 Minutes of Meeting of June 20, 2007_Page I 1 2 Commissioner Lundy said on page 2-15 it states "per gross acre". 3 4 Chair Hennigan said the Commission needs to think of the affects for different projects. He talked 5 about a previous project in Palermo that resulted in less density. 6 7 Commissioner Teitelman said that it is rare for that to happen. 8 9 Commissioner Lundy said that developers in the Town of Paradise were losing acreage when using 10 roads in the calculation. He asked how the change to using net density would be incorporated into 11 the Compatibility Plan. 12 13 Mr. Thistlethwaite said it would be reflected as a minute order. 14 15 Commission Lundy said that by not making the change to the plan the Commission would be saying 16 two different things. 17 18 Chair Hennigan explained about state law only allowing one change a year. The Commission makes 19 changes this way and then once a year incorporates those changes into the plan as a batch. 20 21 It was moved by Commissioner Teitelman, seconded by Commissioner Robinson, and unanimously 22 carried to use net acre density in the C-1, C-2, and B-2 zones. 23 24 2. Stephen Shuster (Modified Emerald Sea Tentative Subdivision May), APN 047-230- 25 028, 047-700-003 and 047-200-004: A Tentative Subdivision Map to divide a 250 acre 26 project site into 34 residential parcels ranging in size from 1.39 acres to 64.60 acres. Three 27 additional `lettered' parcels are proposed encompassing areas designated as follows: Lot 28 A- Sewage Disposal Area; Lot B- Detention and Water Quality Basin; Lot C= Common 29 Area along the Rock Creek Corridor. The project parcels are located on the west side of 30 Cactus Avenue, approximately 1,275 feet north of East Avenue, at 2655 Cactus Avenue, 31 Chico. 32 33 Mr. Thistlethwaite gave a summary of the project. 34 35 Commissioner Teitelman said that lots 6-8 appear to be in the B-1 zone which has a minimum 5. acre 36 parcel size. He asked if lot 3 is a developable lot. 37 38 Mr. Thistlethwaite said the lot could be developed, but it shows on the map as a detention area. 39 40 Commissioner Teitelman said that the lots in the B-2 zone can't exceed tha average net density 41 requirements. 42 43 Commissioner Lundy read from the Butte County Airport Land Use Compatibility Plan that states the 44 C-2 zone requires a density of at least 4 dwelling units per acre. 45 46 Commissioner Teitelman said those lots are not meeting density requirements. The applicant is 47 meeting the average density requirements, but not the absolute density requirements. ■ Airport Land Use Commission ■ Minutes of Meeting of May 16, 2007 ■ Page 2 ■ 1 2 3 4 5 6 7 8 9 10 11" 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Commissioner Lundy said this item came through as a cluster project. Mr. Thistlethwaite explained about the applicants Density Transfer Units (DTU'-,,-). Commissioner Lundy asked if it was under a cluster program. Mr. Thistlethwaite said no. ? . Commissioner Teitelman said that if the Commission uses the new calculation policy the project would meet density requirements. Commissioner Lundy said he wanted to make sure that the Commission was not approving the 162 additional lots referred to in the development agreement. Mr. Thistlethwaite said those additional lots are not part of the approval for this meeting. Commissioner Teitelman suggested having the project brought back after staff has clarification for" clustering in the B-2 zone, open space dedication, and C, C-1, and C-2 density requirements. Chair Hennigan said that the applicant can't use DTU's to build on open space. It was moved by. Commissioner Teitelman, seconded by Commissioner Robinson, and unanimously carried to continue the public hearing until open August 15, 2007. F. ITEMS WITHOUT PUBLIC HEARINGS: None G. Correspondence and Commission Announcements Mr. Thistlethwaite updated the Commission on the status of scanning the Butte County Airport Land Use Compatibility Plan onto the web. He said that it has been scanned, but staff is trying to find a way to open such a large document through the website. 33 H. Commission Concerns 34 Chair Hennigan wants a copy of the newly adopted City of Chico Airport Master Plan. 35 I. Public Comment on Items Not Already on the Agenda — (Presentations will be limited to 36 five minutes. The Airport Land Use Commission is prohibited by state law from taking action 37 on any item presented if it is not listed on the agenda.) 38 J. Closed Session. 39 40 K. Adjournment. ' Meeting adjourned at 10:45 a.m. ■ Airport Land Use Commission ■ Minutes of Meeting of May 16, 2007 Page 3 ■ •- G 1 2 AIRPORT LAND USE COMMISSION 3 4 5 6 Robert Hennigan, Acting Chairman 7 8 Minutes prepared by Tina Bonham, Commission Clerk 9 10 r a ■ Airport Land Use Commission ■ Minutes of Meeting of May 16, 200 7 0 Page 4 ■ Butte County Department of Development Services . Planning Division Airport Land Use Commission February 16, 2005 ALUC Meeting AGENDA ITEM = E4 . TO: Honorable Chair and Airport Land. Use Commissioni FROM: Dan Breedon, Principal Planner DATE: February.16, 2005 ITEM: ALUC File No. A 05-05 — Emerald Sea Tentative Subdivision Map, APN 047-', 700-003, 0477700-004, & 047-230-028 (Applicant: Stephen J Schuster): `A consistency review (Chico Municipal Airport) for the proposed Emerald Sea Tentative Subdivision Map, which would divide 3 existing paiacels totaling 250 acres into 34 single family residential lots ranging in size from 1.19 to 67.76 acres, and 1 sewage disposal area (Lot A). The property is within the unincorporated area of Butte County, and is located on the north side of Keefer Roact on the northeast corner of Keefer Road and Hicks Lane, north Chico area. SUMMARY: Staff, recommends that ALUC find the project consistent with the 2000 Airport Land Use -Compatibility Planfor the Chico Municipal Airport. BACKGROUND: 1. The project site is comprised of three legal parcels that total 250 (+/-) acres in size. The project site is currently developed with a single family dwelling unit, agricultural structures, and kiwi orchards. Surrounding uses include dwellings at rural densities and undeveloped parcels. 2. The property is within the unincorporated area of Butte County, within the North Chico Specific Planning Area. 3. The area of the project site south of Rock Creek is designated by the County General Plan as "Agricultural Residential" and is zoned SR -3 (Suburban Residential, 3 -acre minimum parcel size). The area north of Rock Creek is designated as "Grazing and Open Land" and is zoned A-40 (Agricultural, 40 -acre minimum parcel size). 4. The applicant proposes to submit a "Flexible Lot Size Subdivision (BCC Section 24-82)" that would apply to the acreage .(102.24) of the SR -3 Zone. The parcels located within the SR -3 zone would therefore be smaller than 3 -acres; however, under the Flex Lot provision ■ Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) ■ February 16, 2005 ■ Page 1 of 11 ® . the overall number of parcels is allowed to be the same as if the zone was developed with 3 - acre parcels. 5. The applicant intends to develop 32 (Parcels 4 — 34, and "Lot A") of the 34 parcels (102.24/3acres) available within the SR -3 zone. 6. Parcels located within the A-40 zone (Parcels 1-3) would not be subject to the Flexible'Lot Size option, and would be sized according to the 40 -acre minimum parcel size required within the applicable A-40 zone. These parcels are also proposed for development with single family homes. 7. A total of thirty. -four (34) residential parcels are proposed; 26 parcels would range in size - from 1.41 to 3.86 acres, and 5 more parcels would range in size from 4.14 to 10.76 acres.. Three larger lots would be located in the A-40 zone, 2 at 40 acres each and 1. at 67.76 acres. One 4.5 acre lot ("Lot A") would be utilized for sewage treatment and disposal purposes only (this sewer system has not yet received Environmental Health Division approval). 8. The SR -3 zone should be noted as being inconsistent with the B1, B2, and C1 Compatibility Zones. This is because this zone allows for the creation of 3 -acre parcels while . the Bl' Compatibility Zone provides for the creation of 10 -acre minimum parcels, and the B2 and C 1. Compatibility Zones provide for 5 -acre minimum parcels. 9. However, the density -and parcel sizes clustered under this proposal zomply with the permitted density under the 2000 ALUCP (see Table 1 and Table 2 below). 10. The total number of parcels proposed by the project conforms . to the densities permitted . within each compatibility zone, as discussed below. 1.1. The size of the parcels proposed conforms to the clustering provisions; as discussed below. 12. The southwest corner of the project site abuts the extended centerline. of Runway 13L/31R, which is located about 1.24 miles away southeast of the project site. '13. The highest residential density (Lots 9 through 34) would be located approximately 1,500 feet from the extended runway centerline. 14. The project site is outside the 55 dB CNEL noise contour (Exhibits 4F and 4G, 2000 Airport Land Use Compatibility Plan). 15. This project is considered .inconsistent with the County's current Flexible Lot Size Subdivision Ordinance because this Ordinance excludes areas of the County 'subject to Airport Land Use Plans from the (Flexible Lot Size subdivision provisions. 16.'A discussion item for today's ALUC meeting will consider amending the Flexible Lot Ordinance for use in airport areas and to direct staff to prepare a letter from ALUC to the Board of Supervisors initiating an amendment to the ordinance to remove the exclusion of flexible lots in airport areas. ■ Butte County Airport Land Use Commission s ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) e February 16, 2005 ■ Page 2 of 11 0 ANALYSIS: 1. This project is a major land use action as defined by Policy 1.5.3 of the 2000 Butte County Airport Land Use Compatibility Plan (ALUCP). 2. The 250 acre project site is subject to 3 different Airport Compatibility Zones: • Airport Compatibility Zone B 1 (Approach/Departure Zone) — 84.04 acres • Airport Compatibility Zone B2 (Ext.Approach/'Departure) — 60.27 acres • Airport Compatibility Zone C 1 (Traffic Pattern Zone) - 105.69 acres. 3. The primary compatibility criteria for the 3 applicable Compatibility Zones are shown on the following Table 1: Table 1 -Compatibility Zone Criteria Maximum Densities Req'd Zone Open Prohibited Uses Other Development Residential Land Conditions du/ac ' (average Children's schools, Deed notice required. C1 parcel size > 5.0 p day care center, Airspace review for (Traffic Pattern) acres) 10/0 libraries hospitals, objects >100 feet tall. nursing homes, hazards to flight Children's schools, Locate structures day care center, maximum distance from B1 < 0.1 (minimum u 30% libraries, hospitals, nursing homes, extended runway centerline, minimum (Approach/Departure parcel size > 10.0 highly noise - NLR of 25 dB in Zone and Sideline acres) sensitive uses residences, airspace Zone) hazards to flight review required for objects > 35 feet tall, avigation easement dedication Children's schools, Minimum NLR of 25 dB B2 (Extended < 0.2 (average day care center, in residences, airspace Approach/Departure parcel size > 5.020% libraries, hospitals, review for objects >70 Zone) acres) nursing homes, feet tall, deed notice highly noise- required sensitive uses, hazards to flight (Extract from Table 2A of the 2000 ALUCP) Note 1. Residential development should not contain more than the indicated number of dwelling units (both primary and secondary) per gross acre. With clustering, some parcels may be much smaller than the others as long as the maximum overall density criterion is not exceeded. Clustering of units is encouraged in Compatibility Zones 131, B2 and C —see Policy 4.2.6 for limitations. ■ Butte County Airport Land Use Commission ■ ALUC File No: A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) a February 16, 2005 a Page 3 of 11 4. 2000 ALUCP Policy 2.4.4 (e) states the following concerning parcels split by more than one Compatibility -Zone:,'., For the purposes of evaluating consistency with the compatibility criteria set forth herein, any parcel which is split by compatibility criteria set forth herein, any parcel which, is split by compatibility zone boundaries shall be considered as if it were multiple parcels di-ided at the compatibility zoneboundary line. However,.the intensity of development allowed within the more restricted portion of the parcel can (and is encouraged to) be transferred to the less restricted portion even if the resulting development in the latter area then exceeds the criteria for that compatibility zone: 5. The 2000 Airport Land Use Compatibility Plan encourages clustering, as proposed under the Flexible Lot Size Subdivision, under Policy 4.2.5 (d), which states the following: Clustering of Development, subject to the limits indicated in Policy 4.2.6:, and providing contiguous landscaped areas is encouraged as a means of increasing the size of open land areas. 6. The criteria for clustering are provided under Policy 4.2.6. Section (a) (1) of this policy states the following: In terms of airport land use compatibility planning, the primary purpose of clustering is to " provide locations where an aircraft can attempt an . official airport emergency landing. . Clustering may also serve to limit the risk to people on the ground, even if open land is not provided, by shifting: habitable areas away from principal aircraft flight tracks, especially tracks close to the runway ends. 7. According -to 2000 ALUCP Policy 4.2.6 (b), (amended on December 15, 2004) clustering of new residential development is limited in each of the applicable Compatibility Zones to a maximum of 4 dwelling units/acre (Table 2): Table 2 -Clustering of New Residential Development Compatibility Zone ; ' Maximum, # of ,Project Acres. :Mnirrium Parcel Size dwelling units allowed/proposed Allowed density 4 Dwelling Units/Acre Zone B 1 No increase in the maximum number of dwelling units is allowed as shown on 8.4 allowed 84.04 acres 2000 ALUCP Table 2A. Buildings shall be located as far as practical from the 7 proposed .0.1 d.U./ac extended runway centerline and shall be limited to a maximum of two stories in height. 4 Dwelling Units/Acre Zone B2 No increase in the maximum number of dwelling units is allowed as shown on 12 allowed 60.27 acres 2000 ALUCP Table 2A. Buildings shall be located as far as practical from the 12 proposed .. 0.2 d.u./ac extended runway centerline and shall be limited to a maximum of two stories in height. ■ Butte County Airport Land Use Commission e ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J.. Schuster) ® February 16, 2005 o Page 4 of 11 m 8. The 2000. ALUCP policies regarding density, parcel size, and clus tering are upheld by this project. The Tentative Map complies . with each Compatibility Zone's densities limitations and does not exceed the allowed number of dwelling units. 9. The parcel sizes proposed by the Tentative Map would be largest within the B 1 Compatibility Zone, closest to the extended runway line: Smaller parcels would be located approximately 1,500 feet to the east of the extended runway 1_ne. 10. The project complies with the total number of parcels that would b, allowed under the 2000 ALUCP. The total number of parcels proposed under thi 3 proposal is 34 (excluding "Lot A" sewage disposal area), which is 7.5 parcels less than 41.5 allowed under the applicable compatibility zones (see Table 2). 11. The project complies. with the minimum allowed parcel. -sizes that would be allowed by the 2000 ALUCP. The smallest parcel size on the proposec tentative map is 1.41 acres. All of the parcels substantially exceed the one-quarter acre minimum parcel size as required by the clustering policies of the 2000 ALUCP. 12. Open Land is a required component in each Compatibility Zone as shown in Table 1- Compatibility Zone Criteria. 13. The following Table 3 shows the Open Land requirements for this tentative map: Compatibility Zone 4 Dwelling Units/Acre 21.1 allowed Zones C 1 No increase in the maximum number of 16 proposed 84.04 dwelling units is allowed as shown on B2 105.69 acres 2000 ALUCP Table 2A. Buildings shall 12.1 C be located as far as practical from the 105.69 0.2 d.u./aC ' extended runway centerline and shall be 250 47.9 limited to a maximum of two stories in height. Total Number of Dwelling Units Allowed: 41.5 Proposed: 35 8. The 2000. ALUCP policies regarding density, parcel size, and clus tering are upheld by this project. The Tentative Map complies . with each Compatibility Zone's densities limitations and does not exceed the allowed number of dwelling units. 9. The parcel sizes proposed by the Tentative Map would be largest within the B 1 Compatibility Zone, closest to the extended runway line: Smaller parcels would be located approximately 1,500 feet to the east of the extended runway 1_ne. 10. The project complies with the total number of parcels that would b, allowed under the 2000 ALUCP. The total number of parcels proposed under thi 3 proposal is 34 (excluding "Lot A" sewage disposal area), which is 7.5 parcels less than 41.5 allowed under the applicable compatibility zones (see Table 2). 11. The project complies. with the minimum allowed parcel. -sizes that would be allowed by the 2000 ALUCP. The smallest parcel size on the proposec tentative map is 1.41 acres. All of the parcels substantially exceed the one-quarter acre minimum parcel size as required by the clustering policies of the 2000 ALUCP. 12. Open Land is a required component in each Compatibility Zone as shown in Table 1- Compatibility Zone Criteria. 13. The following Table 3 shows the Open Land requirements for this tentative map: Compatibility Zone % Open Land Required Total Acreage of Zone Required Open Land (acres) BI 30% 84.04 25.2 B2 20% 60.27 12.1 C 10% 105.69 10.6 Totals: 250 47.9 e Butte County Airport Land Use Commission e ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J.. Schuster) ® February 16, 2005 ■ Page 5 of 11 14. The project. complies with the open land requirements for each applicable compatibility zone imposed by the 2000 ALUCP.. The greatest amount of open land is shown on the tentative map as Parcels 1 — 3, which totals 147.76 acres: 15. Although these parcels would be developed with residences, much of the land could still be made available for open land purposes. 16. Condition #4 of this approval would require that the required open space (47.9 acres) be so designated and appropriately restricted. ENVIRONMENTAL DOCUMENTATION:' No environmental documentation has been completed for this project. The applicant has applied for an ALUC consistency determination prior to filing a Tentative Subdivision Map application with the County. RECOMMENDATION: Staff recommends that the Butte County Airport Land Use Commission find ALUC File No. A' 05-05' (Emerald Sea Tentative Subdivision Map) consistent with the 2000 Airport Land Use Compatibility Plan. Exhibits: A: Findings B: List of References C: Project Location and Compatibility Zones Map D: - Site Plan ■ Butte County Airport Land Use Commission a ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) a February 16, 2005 ■ Page 6 of 11 ■ EXHIBIT A BUTTE COUNTY AIRPORT LAND USE COMMISSION CONSISTENCY FINDINGS FOR ALUC FILE NO. 05-05 (EMERALD SEA TENTATIVE SUBDIVISION MAP), APN 047-700-004,-003,047--230-028 The Airport Land Use Commission (ALUC) has prepared the following findings based on data contained in the 2000 Airport Land Use Compatibility Plan (ALUCP) for the Chico Municipal. Airport, as well as site specific information submitted by the'applicant and ALUC staff. The following findings have been. prepared at the direction of the ALUC and are for the consideration of the Lead Agency (County of Butte) when making a decision on the project. SECTION 1: ENVIRONMENTAL FINDINGS A. No environmental documentation was submitted at the time of project review. SECTION 2: CONSISTENCY FINDINGS FOR PROPOSED PROJECT A. The proposal for the. Emerald Sea Tentative Subdivision Map, which would divide ' three parcels totaling 250 acres into 34 single family residential lots ranging in size .from 1.41 to 67.76 acres, is consistent with Compatibility Zones B1, B2, and C1 as found in the 2000 Airport Land Use Compatibility Plan. SECTION 3: PROJECT FINDINGS: A. The 250 acre project site is subject to 3 different Airport Compa=ibility Zones: • Airport Compatibility Zone B 1 (Approach/Departure Zone) — 84.04 acres • Airport Compatibility Zone B2(Ext.Approach/Departure) - 60.27 acres • Airport, Compatibility Zone Cl (Traffic Pattern Zone) — 105.69 acres . • According to 2000 ALUCP Policy 4.2.6 (b), (amended on December 15, 2004) clustering of new residential development -is limited in each of the applicable Compatibility Zones to a maximum of 4 dwelliZg units/acre. •', The 2000 ALUCP policies regarding density, parcel size, and clustering are upheld by this project. The Tentative Map complies with each Compatibility Zone's densities limitations and does not exceed the allowed number of dwelling units. • The parcel sizes proposed by the Tentative Map would-be largest within the B 1 Compatibility Zone, closest to the extended runway line. Smaller ® Butte County Airport Land Use Commission ®.ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) ■ February 16, 2005 ■ Page 7 of 11 0 parcels would be located approximately .1,500 feet to the easZ of the'extended runway line: B.` The project complies with the total number of parcels that would be allowed under the 2000 ALUCP. The total number of parcels proposed under this proposal is 34 (excluding "Lot A" sewage disposal area), which is 7.5 parcels less than the 41.5 allowed under the applicable compatibility zones (see February 16, 2005 ALUC Agenda Report Table 2). C. The project complies with the minimum allowed parcel sizes that would be allowed by the 2000 ALUCP. The smallest parcel size on the proposed tentative map is 1.41 acres. All of the parcels substantially exceed the one-quarter acre , minimum parcel size as required by the clustering policies of the 2000 ALUCP. D. The project provides for a total of approximately 147 acres of potential open land. Condition #4 requires the applicant to designate appropriate portions of each Compatibility Zone in ,accordance with the 2000 ACUCP. E. No structures on the project site would extend into protected airspace. F. The project site is outside of the 55 dB CNEL noise contour. SECTION 4: PROJECT CONDITIONS: 1. For parcelslocated within Compatibility Zone Bl: a. Gross density shall not exceed 1 dwelling unit/10 acres b. Minimum Parcel Size is 1/4 acre. c. Place a note on a separate document which is to be recorded cont-urrently with the final map or on an additional map sheet that states: "Residences and all buildings shall be located as far as practical from the Chico Municipal Airport extended runway, centerline." d. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: ' "Maximum Building Height 2 stories." e. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: _ "As a condition for the issuance of any Building Permit on these parcels Minimum Noise Level Reduction of 25 dB is required for construction of all residences." f. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Airspace review by the Airport Land Use Commission is required for all objects >35 feet in height." g. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "As a condition fir the issuance of any. Building Permit on these parcels the property owner shall si.gn an Avigation Easement granting to the City of Chico the right of continued use of the Chico ■ Butte County Airport Land Use Commission e ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) ® February 16, 2005 e Page 8 of 11 E Municipal Airport in the .airspace above the proposed parcels and acknowledging any and all existing or potential airport operational impacts." 2. For parcels located within Compatibility Zone B2: a. Gross residential density shall not exceed 1. dwelling unit/5 acres. b. Minimum Parcel Size is' 1/4 acre. c. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Residences -and all buildings shall be. located as far as practical from the Chico Municipal Airport_ extended runway centerline." d. Place a note on a separate document which is to be recorded concurrently with the ;final map or on an additional map sheet that states: "Maximum Building Height 2 stories." e. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "As a condition for the issuance of any Building Permit on these parcels Minimum Noise Level Reduction of 20 dB is required for construction of all residences." f. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Airspace Review by the Airport - Land Use Commission is required for all objects '>70 feet in height." g. Provide a deed notice at the time of sale of all resulting lots notifying purchasers of the proximity of the airport and the potential for possible noise related impacts in an ALUC=approved disclosure notice. 3. For parcels located within Compatibility Zone C 1: a. Gross residential density shall not exceed 1 dwelling unit/5-acres. b. Minimum parcel size is 1/4 acre: c. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Residences and all buildings shall be located as far as practical from the Chico Municipal Airport extended runway centerline." d. Place . a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Airspace Review by the Airport Land Use Commission is required for all objects >100 feet in height." e. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: "Maximum Building Height 2 stories. " - a Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) o February 16, 2005 o Page.9 of 11 e f. Provide a deed notice for the sale of all resulting lots notifying purchasers, of the proximity of the: airport and the potential for possible noise. related impacts in an ALUC-approved disclosure notice. 4.. Open Land as required by the 2000 Airport Land Use Compatibility Plan shall be provided. 'The applicant shall designate the required open land on the tentative map as per the open land requirements shown below. Once so designated, a note shall be place upon the map or on an additional map sheet indicating: "This open land is designated to comply with the 2000Airport Land Use Compatibility Plan. This area shall remain free of structures and other major obstacles such as walls, large trees, or poles dgreater than4 inches in diameter, measured 4 feet above the ground), and overhead wires. 2000 ALUCP Open Land Requirements Compatibility Zone % Open' Land Required Total Acreage of Zone Required Open Land (acres) B l '30% 84.04 25.2 B2 20% 60.27 12.1 C 10% 105.69 10.6 Totals: 250 47.9 e Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) a February 16, 2005 ® Page 11 of 11 Butte County Department of Development Services r Planning Division Airport Land Use Commission February, 2005 ALUM C M ting AGENDA ITEM — E????????? TO: Honorable Chair and Airport Land Use Commission FROM: Dan Breedon, Principal Planner DATE; February 16, 2005 ti ITEM: ALUC File No. A 05-05 — Emerald Sea Tentative Subcivision Map, APN 047-700-003, 047-700-004, & 047-230-028 (Applicant: Steve Schuster): A consistency review for the proposed Emerald Sea Tentative , Subdivision Map, which would divide three parcels totaling 250 acres into 32 single family residential lots ranging in size from 1.19 to 67.76 acres.. 'The property is within the unincorporated area of Butte County, and is located on the north side of Keefer Road, on the northeast comer of Keefer Road and Hicks Lane, north Chico area. SUMMARY: Staff recommends that ALUC find the project consistent with the 2000 Airport Land Use Compatibility Plan for the Chico Municipal Airport. BACKGROUND: 1. The project site is comprised of three legal parcels that total 250 (+/-) acres in size. The project site is currently developed with a single family dwelling unit, agricultural structures, and kiwi orchards. Surrounding uses include dwellings at rural densities and undeveloped parcels. 2. The property is within the unincorporated area of Butte County, witt-in the North Chico Specific Planning Area. 3. The area of the project site south of Rock Creek is designated by the County General Plan as "Agricultural Residential" and is zoned SR -3 (Suburban Resid--ntial, 3 -acre minimum parcel size). The area north of Rock Creek is designated as "Grazing and Open Land" and is zoned A-40 (Agricultural, 40 -acre minimum parcel size). 4. The applicant proposes to submit a "Flexible Lot Size Subdivision (BCC Section 24- 82)" that would apply to the acreage of the SR -3 Zone. The parcels located within the SR -3 zone would therefore be smaller than 3 -acres; however, the overall number ■ Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) ■ February 16, 2005 ■ Page 1 of 6 ■ of parcels would- be the same as if the zone was developed with 3 -acre parcels. Parcels located within the A-40 zone would not be subject to the Flexible Lot Size option, and would be sized according to the 40 -acre minimum parcel size required. 5. A total of thirty-two (32) residential parcels are proposed; 26 parcels would range in size from 1.19 to 3.93 acres, and 3 more parcels would be approximately 11 acres each. Three larger lots would be located in the A-40 zone, 2 at 40 acre: each and 1 at 67.76 acres. One 4.5 acre lot ("Lot A") would be utilized for sewage treatment and disposal purposes only. 6. The height of the tallest object on the project site is anticipated to be .approximately 60 feet above ground level, which equates to approximately 360 feet mean sea level. 7. The southwest corner of the project site abuts the extended centerline of Runway 13L/31R, which is located about 1.24 miles away southeast of the project site. 8. The highest residential density (Lots 7 through 32) would be located approximately 1,500 feet from the extended runway centerline. 9. The 250 acre project site is subject to 3 different Airport Compatibility Zones 1. Airport Compatibility Zone B-1 (Approach/Departure Zone) — 84.04 acres (68.7) 2. Airport Compatibility Zone B-2 (Ext.Approach/Departure) — 60.27 acres (60.99) 3. Airport Compatibility Zone C-1 (Traffic Pattem Zone) -105.69 acres (123.5) 10. 2000. ALUCP Policy 2.4.4 (e) states the following concerning parcels split by more than one Compatibility Zone: For the purposes of evaluating consistency with the compatibility criteria set forthherein, any parcel which is split by compatibility criteria set forth herein, any parcel Which is split by compatibility zone boundaries shall be considered as if it were multiple parcels divided at the compatibility zone boundary line. However, the intensity of development allowed within the more restricted portion of the parcel can (and is encouraged to) be transferred to the less restricted portion even if the resulting development in the latter area then exceeds the criteria for that compatibility zone. 11. This policy is upheld by this project. Each Compatibility Zone's li_nitation.s are unposed on the tentative map. The intensity of development permitted under. the SR - 3 zone is transferred from the B-1 Compatibility Zone in order to comply with required 10 acre rn.inim.um. lot size. 12. The overall. densities within the B-2 (2.5 acre minimum parcel size) and C-1 (no m ni.mu.m parcel size) Compatibility Zones are upheld. 13. The project site is outside the 55 dB CNEL noise contour (Exhibits 4F and 4G, 2000 Airport Land Use Compatibility Plan). m Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) ■ February 16, 2005 ■ Page 2 of 6 ■ ANALYSIS: • This project is a major land use action as defined by Policy 1.5.3 of Vie 2000 Butte County Airport Land Use Compatibility Plan (ALUCP). • The primary compatibility criteria for the 3 applicable Compatibility Zones are shown on the following table: Table 2 -Compatibility Zone Criteria Maximum Densities Req'd Other Zone Open Prohibited Uses Development . Residential Land Conditions du/ac t Children's schools, Deed notice < 0.2 (average day care center, rnquired. C1 (Traffic Pattern) parcel size > 5.0 0 10% libraries, hospitals, Airspace review acres) nursing homes, fir objects >100 hazards to flight f., -et tall. Children's schools, Locate structures day care center, maximum distance from o 30 /o libraries, hospitals, extended runway nursing homes, c interline, B10. < 1 (minimum highly noise- sensitive uses, minimum NLR (Approach/Departure > parcel size — 10.0 hazards to flight ght of 25 dB in Zone and Sideline acres) residences, Zone) aspace review required for objects > 35 feet tatll, avigation easement dedication Children's schools, NinimumNLR day care center, of 25 dB in B2 (Extended < 0.2 (average 20% libraries hospitals, P residences , Approach/Departure � size > 5.0 nursing homes g a space review Zone) acre) acres) highly noise- for objects >70 sensitive uses, fent tall, deed hazards to flight nctice required l;xtract trom Table ZA of the ZUUU ALU UP Note 1. Residential development should not contain more than the indicated number of dwelling units dboth primary and secondary) per gross acre. With clustering, some parcels may be much smaller than the others as Ion., as the maximum overall density criterion is not exceeded. Clustering of units is, encouraged in Compatibility Zones 132 :and C —.see Policy 4.2.6 for limitations. ■ Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) ■ February 16, 2005 ■ Page 3 of.6 ■ • The 2000 Airport Land Use Compatibility Plan encourages clustering as proposed under the Flexible Lot Size Ordinance under Policy 4.2.5 (d), which states the following: Clustering of Development, subject to the limits indicated in Policy 4.2.6., and providing contiguous landscaped areas is encouraged as a means of increasing the size of open land areas. • The criteria for clustering are provided under Policy 4.2.6. Section � a) (1) of this policy states the following: In terms of airport land use compatibility planning, the primary purpose of clustering is to provide locations where an aircraft can attempt an official airport em:rgency landing. Clustering may also serve to limit the risk to people on the ground,. even if open land is not provided, by shifting habitable areas away from principal .aircraft flight tracks, especially tracks close to the runway ends. • The SR -3 zone density that is located within the B-1 Compatibility Zone would be shifted to the east into the B-2 and C-1 Compatibility Zones, 1,500 fejt away from the extended runway centerline. • It should be noted that the County's SR -3 zoning is considered inconsistent with, the B-1 Compatibility Zone, which has a minimum lot size of 10 acres, but in this instance the County zoning can be made to be consistent with the B-1. Compatibility Zone by shifting the S.R-3 zone density to the B-2 zone. • The SR -3 zoning is consistent with the B-2 Compatibility zone, since the 2000 ALUCP allows 2.5 acre parcels when clustered. • The SR -3 zone located within the B-1 Compatibility Zone would be developed at the required 10 acre minimum parcel size, with the exception of the 4.5 acre non- residential parcel that would be developed with the community sewage disposal system (Lot "A"). ■ Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Err.erald Sea Subdivision, Stephen J. Schuster) ■ February 16, 2005 ■ Page 4 of 6 ■ '. According to 2000 ALUCP .Policy 4.2:6 (b), clustering of new :residential ' development is limited in the .following manner: r Table 2-Clustenng of New Residential Development Compatibility Zone • 'a _ "J Compatibllrty Zone K'i>. wl"t J'. {+ 3 Y.• VX:. i.i .. k•.(.`R IvIinmliarn Lot<Slze �' lVfinbrn Ston Y' ;9 d" es f Zone A _ i r 1.0 acres 60.27 h C 10% (Not permitted except that Individual 10.6 *, dwelling units on contiguous parcels, each .. ' Table 2-Clustenng of New Residential Development Compatibility Zone • 'a _ "J Compatibllrty Zone K'i>. wl"t J'. {+ 3 Y.• VX:. i.i .. k•.(.`R IvIinmliarn Lot<Slze �' lVfinbrn Ston Y' ;9 d" es f Zone A Not applicable Not applicable ,. 1.0 acres 60.27 N' �+ C 10% (Not permitted except that Individual 10.6 *, dwelling units on contiguous parcels, each .. ' meeting the 10-acr'c size requirement; can Zone B1 be located' nem' the common edge or 2 corner of the parcels. :Buildings shall be - •„ _ located as far as practical from the extended runway centerline and shall be limited to a maximum of two stories in t 1 r PI height.) 2.5 acres (Minimum lot size of 2.5 acres (i.e., a 'Zone B2 maximum of double the average density 3 r of 0.2 dwelling units per acre). Buildings shall be a mazim_um of three stories in _ height.) Zones C and .D , No limit No limit a Compatibility Zone .S. r- � Required Open Land (acres) s B-1 _ 30% 84.04 ' 25.2 ? B-2- : 20% 60.27 12.1 C 10% 9 10.6 " 3 t 1 ' r • �• Open .Land is a required component .in each Compatibility Zone as show- in Table 1-' ; F Compatibility Zone Criteria. ; r • The following table shows the Open Land requirements for this tentative,map:_ V Table 3 —Open Land Requirements Compatibility Zone % Open Land Required' Total Acreage of Zone Required Open Land (acres) Open Land Shown B-1 _ 30% 84.04 ' 25.2 ? B-2- : 20% 60.27 12.1 C 10% 105.69 10.6 , ,, m Butte'County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) ■ February 16, 2005 ■ Page 5 of 6 ■ _ 1 1 ` , ,, m Butte'County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) ■ February 16, 2005 ■ Page 5 of 6 ■ _ 1 • Totals: 250 47.9 ENVIRONMENTAL DOCUMENTATION: No environmental documentation has been completed for this project. The applicant has applied for an ALUC consistency determination .prior to filing a Tentative Subdivision Map application with the County. RECOMMENDATION: Staff recommends that the Butte County Airport Land Use Commission find ALUC File No. A 05-07 (Wildwood Estates Subdivision, S 04-01 Vesting Tentative Subdivision Map) consistent with the 2000 Airport Land Use Compatibility Plan. Exhibits: A: Findings B: List of References C: Project Location and Compatibility'Zones Map D: Site Plan ■ Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald .Sea Subdivision, Stephen J. Schuster) ■ February 16, 2005 ■ Page 6 of 6 ■ EXHIBIT A BUTTE COUNTY AIRPORT LAND USE COMMISSION CONSISTENCY FINDINGS FOR ALUC FILE NO. 05-05 (EMERALD SEA TENTATIVE SUBDIVISION MAP), APN 047-700-004,-003,047-230-028 The Airport Land Use Commission (ALUC) has prepared the following findings based on data contained in the 2000 Airport Land Use Compatibility Plan (ALUCP) for the Chico Municipal Airport, as well as site specific information submitted by the applicant and ALUC staff. The following findings have been prepared at the direction of the ALUC and are for the consideration of the Lead Agency (City of Chico) when making a decision on the project. SECTION 1: ENVIRONMENTAL FINDINGS A. No environmental documentation was submitted at the time of project review. SECTION 2: CONSISTENCY FINDINGS FOR PROPOSED PROJECT A. The proposal for the Wildwood Estates Subdivision S 04-01 Vesting Tentative Subdivision Map, which would divide'a 12.45 -acre parcel into 49 single family residential lots, is consistent with Compatibility Zone C as found in the 2000 Airport Land Use Compatibility Plan. SECTION 3: PROJECT FINDINGS: A. A 4.7f acre portion of the project site is located in Airport Compatibility Zone C as listed in the 2000 Airport Land Use Compatibility Plan for the Chico Municipal Airport. The remainder of the project site is outside of the Airport Area of Influence and is not subject to the requirements of the 2000 Airport Land Use Compatibility Plan. B. 'The project would result in 28 lots of the proposed project being partially or wholly within Airport Compatibility Zone C. C. The project is consistent with Airport Compatibility Zone C because the average number of the dwellings within Compatibility Zone C would be greater than four (4) per acre. D. No structures on the project site would extend into protected airspace. ■ Butte County AirportLand Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) ■ February 16, 2005 ■ Page 7 of 6 ■ E. The project site is outside of the 55 dB CNEL noise contour. SECTION 4: PROJECT CONDITIONS: 1. Provide a deed notice for the sale of all resulting lots notifying purchasers of the proximity of the airport and the potential for possible noise related impacts in an ALUC-approved disclosure notice. 2. Airspace review by the Airport Land Use Commission required for objects greater than 100 feet tall. ■ Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) ■ February 16, 2005 ■ Page 8 of 6 ■ EXHIBIT B List of References Data supporting the ALUC's findings have been generated from studies and reports prepared by recognized professionals and agencies with expertise in Airport Land Use Planning and land use compatibility. These include, but are not limited to: Butte County 2000 Airport Land Use Compatibility Plan ■ Butte County Airport Land Use Commission ■ ALUC File No. A 05-05 (Emerald Sea Subdivision, Stephen J. Schuster) ■ February 16, 2005 ■ Page 9 of 6 ■ California Regional Water Quality Control Board°: Central Valley Region ( .r; .� Alan C. Lloyd, PhD Secretaryjor Environmental Protection 4 January 2005 Stephen Schuster 4011 Spyglass Road Chico, CA 95973 Redding Office 415 Knollcrest Drive, Suite 100, Redding, California 96002 Phone (530) 224-4845 • FAX (530) 2244857 http:/hvww. swrcb.ca. Dov/nvgcb5 Arnold Schwarzenegger Governor BUTTE COUNT' .JAN 0 5 2005 (DEVELOPMENT SERVICES INCOMPLETE REPORT OF WASTE DISCHARGE, EMERALD SEA SUBDIVISION, WASTEWATER TREATMENT PLANT, BUTTE COUNTY On 7 December 2004, 7-H Technical Services Group Inc., provided a Report of WEste Discharge (ROWD) for discharge of approximately 12,000 gallons per day of tertiary treated and disinfected domestic wastewater from the proposed 250 -acre Emerald Sea Subdivision (Emera:d Sea) to subsurface disposal fields. Thirty two family residential lots are planned. Lot sizes will range from 3 acres to 48 acres. �.. . r 1.1 The ROWD is incomplete. The reasons for it being incomplete and other applicabL comments are provided below:, The'comments:Vstlbe:addressed, insan-amended ROWD. 1. A f ling•fee`of $981 must b'e:pfovided.,:The filing�fee is based on.a "3" threat-to-water=quality rating, a "b"complexity rating, and a 50 percent reduction for small flows. The payment should be made out to the "State Water Resources Control Board" and submitted tc• this office. 2. When discussing nitrate concentrations (e.g., p. 13), the technical report does not specify'whether nitrate is expressed as nitrate or as nitrogen. 3. The proposed disposal area is surrounded by four groundwater monitoring wells, each approximately eight feet deep. During the 2001/2002 wet season (see below note), depth to groundwater in the four wells was measured on ten occasions (between 12/48/01 and 4/25/02). The purpose of the measurements was to assess the vertical separation betw,en the wastewater application points (emitters) and highest groundwater. The highest groundwater levels were observed on 8 January 2002, when groundwater was 4.4 feet below ground Surface (bgs). The second highest groundwater level was 6.3 feet bgs, observed on 26 March 2002. To provide adequate separation between the disposal area and high groundwater, the technical report proposes raising the disposal -fields two feet using earthen. fill. material.. Assuming emitters are buried eight inches (0.7 feet) below grade, the additional two feet of soil would provide approximately six feet of separation from highest measured -.groundwater. 71 Note: Chico rainfall for 2001/2002 was 23.43 inches, or approximately 91 percent of imrmal. { (Station: Chico University Farm—Source: http://cdec.water.ca.gov/ and http://www.calclim.dri.edu/). California Environmental Protection Agency �d Recycled Paper Stephen Schuster - 2 - 4 January 2005 The technical report does not consider the effects of effluent mounding on groundwater under the disposal area. The height of the mound should be estimated and added to the highest observed groundwater elevation. As a result of this analysis, more earthen -fill may be required. 4. Page 10 — Influent Equalization System With respect to the influent equalization system4ank, the technical report states that air will be "induced at a rate to keep organics in suspension and allow grit to settle." Discuss how and how often grit will be removed from the influent equalization system tank and the final disposition of the grit. 5. Page 14 — NitroRaptor Process The technical report discusses the benefits of the NitroRaptor process and projects 89 percent removal of nitrogen (from 36 mg/L in the influent to 4 mg/L in the effluent). At one of the facilities we regulate, the NitroRaptor system has had problems consistently meeting the nitrogen effluent limitation (5 mg/L), which was based on information provided in that facility's technical report. The technical report should compare theoretical versus experienced nitrogen removal efficiencies and propose a nitrogen effluent limitation (in the event an effluent limitation will be required) that is based on technological feasibility. 6. App. 8 — Mantle Trench Observations and Percolation Test Results In August 2004, Holdredge & Kull conducted a soils investigation in the proposed disposal area to assess its suitability for wastewater disposal. The results of the investigation are'provided in. Appendix 8. A backhoe was used to dig six test pits which were logged by, a geologist to document soil types. The upper 1.5 to 3.0 feet of soil is described as "very dark brown, sandy clay," with the exception of two test pits where a "red brown clay and silty loam" occurred from the surface to a depth of 3.5 feet. Beneath the surface soil layer were "horizons of sandy clay with up to 50% volumetric content of subrounded to round gravels and cobbles." Eight percolation tests were conducted in four locations. At each location, a test was done at 12 inches and at 30 inches below grade. The percolation test results were consistent, ranging from 6.2 to 8.1 minutes per inch (mpi), except for one test that resulted in 24.4 mpi. We would expect sandy clays to percolate significantly slower than 7 mpi. The technical report should explain this apparent discrepancy between described soil types and measured percolation rates. Before the existing monitoring wells are destroyed, they should be monitored do establish background water quality. Samples should be collected monthly for four consecutive months and tested for the following: total dissolved solids, nitrate, carbonate, bicarbonate, chloride, sulfate, calcium, magnesium, potassium, sodium, field pH, and electrical conductivity. Stephen Schuster • -3— • 4 January 2005 8. Information on the following subjects is missing from the technical report: a. Design calculations for the wastewater treatment and disinfection systems. b. Groundwater flow directions. C. Groundwater mounding calculations for the disposal area. d. Detailed description of fill placement in disposal area (e.g., how it will be done and the kind of soil. that will be used). The original and replacement areas should be built up at the same time. e. Relevant information on nearby water supply wells and a map showing the location of each well. f. Required setback distances from sewage facilities: g. Financial assurances. h. Homeowners' Association documents and CCRs. If you have any questions, please contact me at (530) 224-3249 or the letterhead acdress. LIGs�-� RayBruun, P:E: ,.: Associate'Erngineer Shasta -Cascade Watershed. RB:' sae cc: Cliff Bottenfield, Butte County Environmental Health Division, Chico Butte County Planning Division, Oroville Mark Kahl, 7-H Technical Services Group Inc., Grass Valley • - 3 {-sty• [: r: r+ };r Y Rik ®4s2 1,113 ... _.._..- ._ --- —.__........ —........ ._..... _—__.—_ a ... 307 43 _ � � _ T'v i � •' �' � `` Z 289 , r Z420 % t10,', 935 I / �I y _ 35 �. ,. _ - - . _. , ----- IL . \ "DRAFT" LEAD IN SHEET FILE NO: AP# O q7- a %Dd - 00 3.x APPLICANT: aSe sAeyl OWNER: Bawl e REPRESENTATIVE: Saws e PROPOSED REQUEST: (to be filled out by person taking in application) f o .:� C f G 2 �D ,ytSlov. ty— Y Lkiqhe. m , - FINAL REQUEST: (to be filled out by project planner) ,. Ai?�G`�fr=y/CZJ A .3;? C6 SIZE: LOCATION: " 37(6ee��r SUPERVISORIAL DISTRICT # EXISTING ZONING: ` q0S ° GENERAL PLAN DESIGNATION: ` ASSIGNED PLANNER: PLAN-ER'S INF iAI s Jv Date Application Received Date Proiect Assigned IDR Date it�/!a 30 Day Complete//- /f -- ®O s; Preset Hearing Date - KAPlam-ingTormsEead•In Sheei.doc COMMENT DISTRIBUTION LIST County Offices and Cities: _ Chief Administrative Officer X Develop. Services Director X Environmental Health X Assesor Sheriff _ BCAG X LAFCo _ Air Quality Mgmt. Biggs _ Gridley _ Oroville _ Paradise Information Systems Dept. _ Animal Control X County Counsel Irrigation District: _ Butte Water —Biggs/W. Gridley Water _ OW ID Paradise Irrigation Table Mountain Irrigation _ Thermalito Irrigation Domestic Water _ Butte Water District _California Water Service Co. _ OWID _ Thermalito Irrigation District Sewer _ Butte Water District _ Thernalito Irrigation — Skansen Subdivision (CSA 21) _ L.O.A. PUD Fire Protection X California Department of Forestry _ EI Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation Paradise Recreation & Park Richvale Recreation & Parks Utilities _ PG&E North - Chico _ Chambers Cable TV PG&E South - Oroville Viacom Cable TV State Agencies CalTrans (Traffic) _ Dept. of Water Resources _ _ Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. _ Central Reg. Water Quality Cont. _ Caltrans, Aeronautics Program _ Department of Conservation _ Off. of Mining Reclamation Dept.Social Services, Comm.Care Licensing Federal Agencies _ US Forest Service _ US Bureau of Land Management Army Corps of Engineers _ National Marine Fisheries Sservice Other Districts, Agencies, Committees, etc. Lime Saddle Dist _ Community Association _ Drainage _ Butte Env.l Council _ Reclamation _ Cal Native Plant Society _ Butte Co. Mining Committee _ Forest Ranch Community Assoc. _Paradise Pines Com. Assoc. _Butte Ck. Watershed Conservancy _Mosq. Abatement. Oroville/Butte Co X PL'c Works Director Xildmg Manager �UC _ Bate Co. Farm Bureau _ Cf ico Chico Airport Commission X Agricultural Commission _ Durham Irrigation _ Richvale Irrigation Ocher _ Del Oro Water Co. Cther Sterling City Sewer Main Feather River kec. & Park Pacific Bell _ "Dept. of Fish and Game' _ -lighway Patrol _ Dff. of Governmental & Env. Relations US Fish & Wildlife Service School Districts K:\Planning\Forms\DISTR.wpd 741 Wit .it+�rf`,7�'' r" IR - °K '+II.rxJl `�;d c_. ozrp,5,. . �l k�,', ilz' ,ll"'d"• 7,a1'`ia'N{z i�7Y 'Ghre y/ �a, 5 V p `K, e� A T T T J +�r� fb e , URN ; t . " 5K- F tr' C .� h4Ii �1 !, Q; • 81%, ; TOR �%U - .�• kry, '"{,r h �� t L"1LV C�. $UTTEC t.� :� { rA`U�yAI,: ,RTMR,,US_ re�1VIIVII,'"e�`�`,y:", � `�' 7 ?�1" }J •a,� ". , „�.`w t� .w'i a •.ra ' y' _ y�EF'''t"r'` r t Indentification No. +, "''rusy+�y-ENF0.ve.,tI. 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V S PROJECftTr'PR PONEN4T 1/T® BE C®MPLET�ED ByY APyuPLICANTj � 1 I :. , � � �� 3 •y i.'4<;''„ •1 -., L�, qh .l; pss .R`.°f .%'YY1t: t :'�it!'.:7. b.al •` .� i1E Jr MUV ME4.g,t�,14 rvt'•..f:`fiF'ZAt1U+t i. ii2:�a3'i+�6.IR di�`.'e.�.�iT"5•u r.A:•w„>.-.;1......'a,_e�ay.�.1i,i.A�,�pS..i2.k4iSLn....,-. ba..wl]i.. t?.M,147:Y(,u>.MTl A.:=4.Yi(>',r. ¢.i�.S.Li ..5dt'SY"?(d1.1�;'F:' q s C14. ,j% �1.'•"U,1^ M .. i1•it.'�7 �:� Date ofApplication -� 10//� d '. _ - 4' e � Property Owner ' �� • � �:. %i v�j Phone >� f Number .. a r�r Mailing Address c , � i - l �tY yr,, x •- ' � •ti, a f',N.A _ ♦ - < Agent (if any)' .'+. > �''� Phone Number ' .� r}. Mailing Address-; M1 4Ix �1 ” 4 � •. �.. y, ¢rj ., �,a� f"- ti' ry�'�kR+� _ �•�,$p•.�.y� �x�ra•s.F Y l�a �. "1'vR.`3a!'' �-•..�15PI�." t L�iJ.��1, ` ` P/ROJEC'I�'L10CATI��®,�,giN`(TOFBE COMPLETwEDtBYAPPL�I�CAN'T),R, 4g4, �� ! •. �� s `� ��" �?,-44,JT,�}YT ' s'- "'Xe�4 ��� . xS�i�J"�3it� �� y, i G } u I �• � }3 "0` A�ttach4accurgtelyscaleclrrias,showzng�the relatzonshzp othe ro�ectszte,;tothe�aa n� .] F -,J,' 9 � "'�V�`It �A _u :orboundary..:andFrunways� . h Street .�>�r,� - Address �6 �"� µ v x ti a Assessor'sParcel No: / �- � Parcel Size r� -,t Subdivision Name:';` v►n2w! :"�1 q. ,: Zofiing: t PROJECTtDESGRIPtTION TO`BE�COMPLETEll BY�APPIIANT). C :iy".�'..i%i,•'�:, .n ..t,,+ .yam, n'i:C .,:',c n -.t' -.� +( .A Vii: -c. ,�.,:fsw 7fiep ix i t.�_xc_ N.S::��'.�bcr�wr ��w+•y, s�`o4'L' I"1 '.J.� YH...�'7'v?i .is$1.i f'b .!.f. 3 . a �. ,•� m� ..' d •i •� r. i r�i'+,, � �c. N�i.�F. .. ..s..,. ..��' T', -"n y 17;"3rF 3 -.r .- w.y,;f. �. � tftLI,, ' +.r e 1+ y '4` '''F`{t" x.: :s5 !.'9i'--+ ..►'t',a5} 3e«„ - _t;q tz} .,i^'L'e �F.„ 2 '�t: x,h� t5,,��.. i -V ';+,r '�.-�. . ±. i h I ...1n7e• ,1. Rs. : '.`a: } ,r}}}: n,; �. k' r ..d'e'kk. FSR• S. t Lr Jt'h'�5 `, .Ti :, �. i", r �.n ,4'�ar.ic-:•�t`�l-�� ;C b1�f!...�.•;,x 7TH. a licable k'i&4'a;detailed site' lan'show np° round elev`atio s`; the location`o structures open'spaces and � ,: ...� ,�1�+ +tv.:.� �c: ,,;.'���C �d:�::c;I, 3 i, : �^ycad�it;Ta 'i.rr3,.'bl �''+'A.'At�'t•°c-; e� .3 water'bodaes and�the heig4 - rstructures�and trees °znc'lude addatzonal: prq�ect description'data; Existing Land UseLb (describe) Proposed Land Use (describe) �D "ry Ut�1tJ I SI Q ✓J For Residential Uses: Number of Parcels or Units on Site (including secondary units) For Other Land Uses: Hours of Use:. Maximum number of people. on site:' ; Indicate the method used to determine this number (i.e': Church membership, number of parking spaces, etc.) Height Data: Height above Ground of Tallest Object (including antennas & trees)�ft. Highest Elevation (abovesea level) of Any Object or Terrain on Site 3C Flight Hazards: Does the project involve any characteristics which could create Electrical interference, confusing lights, glare, smoke, or other Electrical or visual hazards ; to aircraft flight? 0 Yes No Does the project have the potential -for attracting birds? 0 Yes )�No , F` L If yes to either,.explain below: REFERRING AGENCY; (TO BE. COMPLETED BY: AGENCY. STAFF) Date Received 10 %J- ?®aq Type of project: Agency Name Staff Contact II Phone Number �IAgency's Project No. ❑ General Plan Amendment ❑ Zoning Ame-_Zd,Variance,Rezone 10 Subdivision Approval ❑ Use Permit ❑ Public Facihty ❑ Other Signature Date (Applicant or Agent) K:\Planning\ALUC\FORMS\APPFORM.WPD COUNTY OF BUTTE 413 0 2 4 OFFICIAL RECEIPT FFICE R DEPARTMENT ISSUING RECEIPT ��'� 1� 20 Received from �� 1: Vi vs ka, r —� The Sum of Ito Wi[azs 4 �K ob 15-3( )H'or 5��� ��, �I)'i!(Jar�"� L� l� •a. ��,rl�• +�Ca'$�'y✓1 Received: w f'CP- pyo 1vr7-W�i ova i -r5 ���� Received By - CASH Title CHECK 75-22 By DAVCO BUSINESS FORMS • (530) 743-8511 Form 75702 .. BUTTE COMMUNITY BANK .i .. . 2041 FOREST AVENUE, CHICO, CA 95928 f , 752.2 ;. SCHUSTER HOMES INC:: ,' .90-4202/,1211 r;! STEPHEN J. SCHUSTER t a 4011 SPYGLASS RD. PH. 530-894-0894 CHICO, CA• 95973 5 �� `tel E l' y.. ORDER T E Butte County j ,: •t ' C ` DOLLAR i Butte County; 7 County Center Drive ° s Oroville, CA 95965. , Aluc emerald ranch project '. lip 00'.7 5 2,20 2 1'1,4 20.2 9:0400008017110' f COUNTY OF BUTTE 413 0 2 4 OFFICIAL RECEIPT FFICE R DEPARTMENT ISSUING RECEIPT ��'� 1� 20 Received from �� 1: Vi vs ka, r —� The Sum of Ito Wi[azs 4 �K ob 15-3( )H'or 5��� ��, �I)'i!(Jar�"� L� l� •a. ��,rl�• +�Ca'$�'y✓1 Received: w f'CP- pyo 1vr7-W�i ova i -r5 ���� Received By - CASH Title CHECK 75-22 By DAVCO BUSINESS FORMS • (530) 743-8511 Form 75702 i` PROJECT SUMMARY SHEET FILE #:. A 05-05 AP #: 047-700-003, 004 APPLICANT: ADDRESS: OWNER: REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION / LOCATION: DESIGNATION: Stephen Schuster, Emerald Sea Subdivision 4011 Spyglass Road, Chico, CA 95973 Same Precision Surveying 717 Fifth Street, Orland, CA 95963 Stephen Schuster, Emerald Sea Subdivision, Request to review a 32 lot residential subdivision for conformance with the 2000 Airport Land Use Compatibility Plan for the Chico Municipal Airport. Request to construct a 32 lot subdivision for single family residences on property zoned A-40 (Agricultural — 40 acre parcels) and SR -3 (Suburban Residential -3 acre parcels). The property is located at 3746 Keefer Road, Chico. 1. Application submitted: 10/19/04 Amount: $1,531.00 Receipt # 413024 u Photocopy of deposit check received 2. Comments (sent to / received from): 3. 4. 5. Staff Report (date / prepared by): ❑ Staff Report in file Published: (date / specify where) ❑ Hearing Notice, if published AtYC Commission Hearing(s): Agenda Action taken: F-1 Found to be Consistent 0 Found to be Inconsistent Notes/Special Conditions: 6. ❑ Minutes CLOSED FILES: ❑ Billed out $ date Received Check Amount: $ Receipt .4 ❑ Sent them Refund or ❑ Check box if County-initiated—"Exempt from fees" K:V'IanningWLUC\BILLINGS\PROJECT SUMMARY SHEET.doc