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047-350-013
- uttecount, L_A�ND OF NATURAL WEALTH AND BEAUTY �:. DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • .OROVILLE, CALIFORNIA 95965 3397 - TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 www.buttecounty.net March 26, 2001 Stephen Shuster 3406 Keefer Road Chico, CA 95973 RE: ALUC File No. A 00-02 AP#047-350-013, 014 &,015 Dear Mr. Shuster: Enclosed 'is Receipt No. 19349 in the amount of $181.00 for the above -referenced file. As of this date, the account has a zero balance and is closed. Your response is greatly appreciated. Thank you. Sincerely, � Brian A. Larsen Principal Analyst BAL:jb Enclosure j:\docs\refunds\thanks.wpd. EDate 03/26/01 ;`.development Services DeparAnt Time 8:34 am Applicant Billing Worksheet Page 1 A 00=02 * Stephen Shuster 3406 Keefer Roads Chico, !CA 95973 In reference to A 00-02 Rounding None Full Precision No Last bill Last charge 05/12/010 Last payment / / Amount $0.00 Date/Slip# Description _ HOURS/RATE AMOUNT ._-TOTAL 04/17/00 Craig S. / P. 0.75 44.25 #29760 Processing 59.00 05/01/00 Larry, P. / P 1.25 73.75 #29909 Processing 59.00 05/01/00 Tammie P. / C 2.00 68.00 #29947 Clerical 34.00 05/01/00 Craig S. P 5.00 295.00. #29986 Processing 59.00 TOTAL.BILLABLE,TIME.CHARGES 9.00 $481.00 TOTAL BILLABLE COSTS $0:•00 TOTAL NEW CHARGES $481.00 PAYMENTS./REFUNDS/CREDITS,' 04/25/00 Deposit— Receipt #1'8362 (300.00) 03/23/01 Deposit - Receipt #19349 (181.00) ($481.00) TOTAL PAYMENTS/REFUNDS/CR;EDITS . NEW.BALANCE TOTAL NEW BALANCE $0.00 0 E .• OFFICIAL RECEIPT COUNTY OF BUTTE STATE- OF CALIFORNIA OFFICE OF PLANNING RECEIPT 19349 X013 �..gl ..:......: ... . : l� 1. :..... DATE RECEIPT NO. TOTAL RECEIVED PUBLIC WORKS LAFCO PLANNING PUBLIC SALES ENV. HEALTH FIRE NOE/NOD F/G FEE OTHER APPLICANT RECEIVED FROM OFFICIAL RECEIPT COUNTY OF BUTTE STATE- OF CALIFORNIA OFFICE OF PLANNING RECEIPT 19349 - •y =-:'sir ,. -.; `;:• March 7, 2001 2 ri of �a fi CV .. _. utte L'ount '. LAND OF NATURAL WEALTH. AND BEA.UTY:. DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE; CALIFORNIA 95965-3397 , TELEPHONE: (530) 538-7601 FAX:.(530)538-7785 www.buttecounty.net Stephen Shuster .3406 Keefer Road Chico, CA 95973 RE: 'ALUC File No. A 00-02 AP#047-350-013,014 &'01.5 Dear Mr. Shuster: A letter dated February 5, 2001, was mailed to you requesting that you remit a check payable to the . Butte County Treasurer in the amount of$181.00 because the costs to process your above -referenced application exceeded your deposit of $300.00 by $1.81.00. We have not yet received payment. Please make a check payable. to the Butte County Treasurer in the amount of $181..00 and remit it. to the Planning Division at 7 County Center Drive, Oroville, California 95965 within 15 calendar days. Should we not receive your final payment, we must turn this account over to Butte County Central Collections. Should you have any questions, please contact Brian Larsen in this office Monday thru Friday, 8:00 a.m. to 4:.00 p.m., at 538-7601. Sincerely,' . Thomas A. Parilo Director of Development Services TAP:jb Attachment • February 5, 2001 utte Count LAND OF NATURAL WEALTH AND BEAUTY DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 www.buffecounty.net Stephen Shuster 3406 Keefer Road Chico, CA 95973 RE: ALUC File No. A 00-02 AP#047-350-013,014 & 015 Dear Mr. Shuster: The total cost for the processing of the above -referenced application which was found inconsistent by the Airport Land Use Commission on May 17, 2000, is $481.00. As of April 25, 2000, a deposit was made in the amount of $300.00. The costs exceeded the deposit by $181.00. Below is a breakdown: Deposit on 4-25-00, Receipt No. 18362 $300.00 Professional Planner $413.00 Clerical $ 68"00 Total $481.00, Total Amount Due & Payable $181.00 Please make a check payable to the Butte County Treasurer in the amount of $181.00 and remit it with the application file number, as referenced above, to the Department of Development Services, Planning Division at 7 County Center Drive, Oroville, CA 95965 within 30 calendar days. Should'you have any questions, please contact Brian Larsen in this office Monday thru Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely, � y Thomas A. Parilo Director of Development Services TAP:jb .10 RECEIPT 18362 OFFICIAL RECEIPT I COUNTY OF BUTTE U_j STATE OF CALIFORNIA cv OFFICE OF PLANNING I UE B Fj NilC M s , ALUC Indentification No. SRO �a ECS 194 h leu -012-: K 2u+rainxcw x+� ;aa�•.+uc,.i�vevxosn 1 ' er•^. �• £:ami• }��is�. '-re r, '�``-'w `�d,_'�-ba=ic.'��7��k'� 1..-5�caa."•��dsc�''[;. ��p5� r��fiF [���J ^5"�S'it"�B° '.w' .'� L �;�n��¢� 8��•S 5'5t` .'3- s•�° r ��yyyy 3` m :'. 0.A . tY � Cj x. .s� S-��}Mf pg P�ROr w �'CT-��PROPONEN 4,(TO�BE�`COM�PLE�TED BY���P�LIC�ANT�-•-�'�����'•�-]:i x.'.'�: t -.•..r ..,s�;�...,. ,... ,....,.�:...o„+2W-•»,..',.a....,.0-,:'�a ..e...y±,;., ...�a+.i.- , ....e, ........��..,,,_.,sn,.a.. ...•... mc.,,,,xenc,..,�.2;.-fa,.i..,...•..,.r.w....,.. ,...... ,....� �d srf. "ate r.�. w�a�da:�«..,d'se a ui%� Date'o'f Application ' r. ' �. Property Owner : 2 ✓ c'� i O''(P . �'l (� Phone Number..��/-�� 1 Address Mailing e ` j (� y ir�i2 Agent (if any),, -'.,., Phone Number Mailing Address e�4ch :"a?'✓�yc�`"z";i ,M.GtiS':r.. ^"£'Y�1.1' x^ 'a day x,-aay�t^a�•5 e 3's •c•;, •ea'-d+'�d's"k' !a�da2s` k�1'ai• .` aF ,m.raa ,q..:.•...rt °,'.'*�:'*�'r °, a....� °°y '� x, L .' PROJEC-TOCA�T.I:ON' TO'BECIVIPIET�EDB R ` �°' ``°� 1°'` rG�iis'1," `F• 4.T 5•. a+k T�.�+atU .x ver, hy',,, '-„ yr 3 'r, i � > 9 i ; _C'f.: � Gad' L34. �'?'.iy r.'' -w. a:F �,,{ �.,�-, ma, °3j..'.r�s <.z'�.^ia�5, r- '-.'�•e'7 yy4y'��t�'r54+r���'hc�-i,����� ' �Ba` ..-5k.�-�,'ar�Y� y � �a;y, V _ ��a �.... � :;�'�.'�.`� - ��'as�'� � :-�,•i - - s,$���' .. F. � S - �� hy � 'y' �Y'��'�` ..:4L -`Y. C •t �� t�+]5L'. J '���,�, Y .� ���A" M 441 Sy'i� .S{* �����;����"P:x�f�,'��'Gs _ +�it�ti, K'�ES "+�'- a�r�s5r'�iCy'�'.` ���?�y°.�..1_2ok'Se a�.."'*V��f�a'�..A�,s �d�ti�'.,`.-�-�"s�'�'�����:�F ti ';� ��iL 'vrx '-.�'yw., �.. .r-��•°`. Attachan accuratecaled maS owin ttherelahonshi.a;othe ro ectsitto�theraa" ortbounda Street Addresso V ' �k , Assessor's Parcel No.. , �D '6J3 O 14, '"GI Parcel Size ��- Subdivision Name �Zomng Lot Number ` Classifications 4 z.S»'3"r''mar 'T, r �3 ��,� iy :� ' '�� s�rx�+y�r`-f sf ` •4 3t9 j . y "UxC`% •:Y ..lS.:.V .S. \ ��l%3�'� Y1�'7t __. "^.. yMciK.. PROJEC�T�DESCRhPTION,(�TO sBE COMP"LETED BY AP,PLI Ar1T 3� = 6 � ' { t i"s`.a - .yCe. :a�y�r;ar, Tru xb^.,.cs,.• 7E2-zn tr'xx�:1_ EZ+i��r'.�.ck�i- ,�r 5w.yr yy.n�.; '3 t -u4a 'a-, `'" qa..l.s`2='- ° 'T,i. qi qc+.7?"i _•• ':.�rk.�,`,3` :d,i�{ .7.. 3''4,7.e„..A`.`:.u?'bq++'. t^�',.:r :�; a9 .iE'.t4kq."e�E •rp,''i"�� A a Fire^ LL' C.,' 1. " yA"M a a ? W, 1� . :^' 'i+f °+eS351 J:i>SS7 y�INK-P F }'.'� h/1 a hcable; sattacha detaaledsatenlan"showmQ�,,yound�elev�aionst�e�location;ostruc�%en saces�and ':•i:i.iPP�•t yq'r`i'r'�'�'?, :.v166�Z?;,-.n- ''Y.%x'�6err. `I.,_.r7' - 'C.S, : tf"4 - +� �S��,��b.`.'zk�Y,;-..v Z4i`�' �w . ?:^'��]i='-��''�� " 'S�,^'r., ?i��,LT»t���`-'`-ii.. _..... S '0�:�tvf. Ki }. tiCa.i-.a.7$'iv- dkV' 75'•.x.. :1 ?nt� �1+ yrG1'1,...r•�h' d �E.qr' iy-fy» A ,:t .,• tivater bodies; and tlie,gt' ht°o.�structure andotrees tnclude;�addttronal . ro ect descri.,t o as needed % a s Existing Land Use.. o ' (describe) r-1 r Proposed Land Use 14/ t J + S c ,12rA 215 g e�Q o . �-9' Xcl- (describe) VE L For Residential Uses Number of Parcels or Units on Site (including secondary units) For Other Land Uses Hours of Use �lk Number of Maximum Number �T People on Site... Method of Calculation Height Data Height above Ground of Tallest Object (including antennas & trees) 3,� ft. Highest Elevation (above sea level) of Any Object or Terrain on Site (l 4ou/d1 ft. Flight Hazards Does the project involve any characteristics which could create ❑ Yes Lo Electrical interference, confusing lights, glare, smoke, or other / Electrical or visual hazards to aircraft flight? Does the project have the potential for attracting birds? ❑ Yes XNo If yes to either, describe ++:ti s- r"'Yts+u'a• •np�N.` x7 i..x a. Da i ��- aa�'Tac3n��"i -awu s.�:<.Ts. t r�...�,.� "irj. .,e,,,y.,, •dam+ ' 1 �,..�,+'-' i (y t s ✓�o. i � ' A;GENCYw(TOtBE{CD BY AGENCY STAF)� ; ' "Y sst REFERRING OIVIPLETE . ..... _ .. ,. Date Received Type of project Agency Name ❑ General Plan Amendment ❑ Zoning Amendment or Variance Staff Contact Subdivision Approval Phone Number ❑ Use Permit Agency's Project No. ❑ Public Facility ❑ Other Signature Date lic or ent � 1► 1 ::rul► � 1 i �•ul► ;i No W-loolaesol iA w► IMIN M1 =.. :'�. gun •� ��u'� :•� e*Ts-ee-o ►/ 11 1 /a :� III M. : .i tr TI The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to, identify particular environmental concerns to be addressed or mitigation measures your.agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Tentive Subdivision Map of 34 lot subdivisions on 1 acre lots, community sepfic system with storm water retention pond on property zoned Suburban Residential .1 -acre located on ('garner Road. approximateLy 1.6 miles south of Keefer Road north of and adJacent to Keefer Slough in the north Chico area: , identified as APN 047-350-013,014,0,. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) —PLANNING COMMISSION - X_ DEVELOPMENT REVIEW COMMITTEE ON August 10, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN May 8th, 2000. If no comments or' communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): 1 - n I- �YJ J h Ct V ►s ► o I S r. v\ (.0 ✓l CRL1 �+' Wo i- L/. ( ilii l cy !l/Iy►1 r c A "*� " By: •. Date: ■ 7 County Center Drive ■ Oroville, California 95965 ■ Office 538-7601 - FAX 538-7785 ■ DEPARTME '"OF DEVELOPME F 1, SERVICES A. BUTTE UN Y UNIFORM APPL NATION ANT: Agent information to be provided is on other side: CANT'S NAME ( If applicant isidifferent from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: AVORESS: CITY, STAT& ZIP CODE: FILE NER: (fOR6FCE USE) FIF8UM6 s NAME PF PROPOSEI PR JECT (If any) s TELEPHONE Ott LOCATION OF PROJECT ( Major ross str is and Address, if any) - - .. .. GENERAL INFORMATION RE UIItED v : OWNER' NAbIE , TELEPHONE ADDRESS: LoF CITY, STATE & ZIP CODE: l _` ZONE GENERAL PLAN I EXISTING LAND USE I SPIE SIZE (in Square Feet or Aces ) ` - 1 YL0^1.-- *CrCs' EXISTING STRUCTURES ( in Square Feet) PROPOSED STRUCTURES (in Square Feet) G (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER %PROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY IS OR PROPOSED TO BE ON WELL WATER ❑ GENERAL PLAN AMENDMENT ❑ REZONE ❑ USE PERMIT ❑ MINOR USE PERMIT ❑ VARIANCE ❑ MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPNIENT AGREEMENT APPLICATION REQUESTED _ X TENTATIVE SUBDIVISION MAP ❑ TENTATIVE PARCEL MAP _ ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LINE MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) Z C 0 OWNER CERTIFICATION I CER,fIFY TILT I ANI PRESENTLY THE LEGAL OWNER OR TIIE AUTHORIZED AGENT OF TI IE OWNER OF THE ABOVE DESCRIBED PROPERTY. FUR111ER. 1 ACKNOWLEDGE TILE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF TILE ABOVE 1.NFORMATION IS TRUE AND ACCURATE. (If an agent is to he authorised, exccvte an affidavit of authorization and include the fidavit with this tp li ationJ r DATE: — ��� �(� SIGNATURE: II AGENT AUTHORIZATION li To Butte County, Department of Development Services; i w Print Name of Agent and Phone Number Mailing Address is hereby authorized to process this application for on my property, identified as Butte County Assessor Parcel Number This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing,'but not including document(s)! relating to"record title interest. t Owner(s) of Record: (sign and print name) Print dame Signature Architect and/or Engineer: Print.Name of Architect/Engineer and Phone Number Mailing Address FOR OFFICE USE ONLY Verify: Date Received: AP Number(s) Owners Authorization —' P oject Description Taken by Receipt No.E.H Print Name ' r Signature Total Amount Received: 35 Legal Description Zoning Requirements Copies of plot plan LD� Plan 1QD 6 - FD Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is as of o 0 Make check payable to "Butte Cdunty Treasurer". To Butte County, Department of Development Services; i w Print Name of Agent and Phone Number Mailing Address is hereby authorized to process this application for on my property, identified as Butte County Assessor Parcel Number This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing,'but not including document(s)! relating to"record title interest. t Owner(s) of Record: (sign and print name) Print dame Signature Architect and/or Engineer: Print.Name of Architect/Engineer and Phone Number Mailing Address FOR OFFICE USE ONLY Verify: Date Received: AP Number(s) Owners Authorization —' P oject Description Taken by Receipt No.E.H Print Name ' r Signature Total Amount Received: 35 Legal Description Zoning Requirements Copies of plot plan LD� Plan 1QD 6 - FD Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is as of o 0 Make check payable to "Butte Cdunty Treasurer". I ORESTPHO 04/10-100 I4I91 0"• P.02 AGIENTAMHOJUZAT101V To Butte County, Dcpartmertiof Development Services-, #dAt NAWC of A *0 Pkaw f4mh" R -rl I E ' 11 A 1 0 is hmby Whadwd to Pmus this application for &&&k� 4(4 bxa2 or, my property. ldatww as Butte County Asassor Parcel Number This authorization aows tepmentatIon for an applicSdons, PPA .. acrd to sip aU documents ne*MwY for said Processing. but not including doc=ent(s) relating to record k interest. a dt Owner(s) of Record: (Sign and prin t.ume) C- .-,>eQGf0 0 o 2coo sigrnmre Architect amftir Engineer. n Print Noise Of AMIsaqqSjwWWd X46JAddren FOR OMCE USE ONLY Vcrffy: 11%te Received., AP Number(3) Owners Authorization Project Description 'Taken by ItcCelpt -NO. E.H. . PWjIt.V.Vw total Amount Received: Legal Description Zoning Requirements L Copies of plot plan LD' ; --M-� Plan FD Payment of the cumntly requircd . Applic2tion Fee 2nd/o r Deposit (Any unused - will be rcuuncj upon r1jul 2cagri. Port!"aa of 3 deposit) Current fee fur this application is as of Make Check payable to "Butte County Treasurer". General Information: 4. 5 COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) Date Filed sponsor. Address of project Assessor's Parcel Number.% �_S JL10 Name, address, and telephone number of person to be contacted concerning this project List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: ' E&Ing general plan designation: 6. E)dsting zoning district 7. How is land currently used?. A4— 8. Proposed s of site Project -for which this form is filed): �:f Project Description: j 9. Site size: —1 Cil � I �o.^e ��� (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: Compact Total: 11. Plans attached Yes No 12. Proposeddevelopment schedule 1^ SJ�►►.n.el 13. Associated projects 14. Anticipated incremental or phased development f"nX_A= 0 9utte County oepactment o! Development 3ecvlCGJ 0 Planning Division 0 1 . Attach description of project containing the following information: 15. If residential, include+the number. of units, schedule of unit sizes, range of sale prices or rents, and type of - household size expected. 16. If commercial, indicate the type, whether neighborhood; city or regionally oriented, square footage of sales area and loeding facilities. a 17.. If industrial, indicate type, estimated empioyment'per shift, and loading facilities. 18. if institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefit to be derived from the project ' 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this and indicate clearty why the application Is required., if permits have already been issued, please attach as ExhiA Are the following items applicable to the projector its effects? Discuss below all nems checked yes (attach additional sheets as necessary). i 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattem or character of general area of project 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river, stream or ground water quality' or quantity, or alteration of existing drainage patterns. 26. Substantial change in e)dsting noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption ,(electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. YES I NO C B _:e CovnEy Cepaccaenc'o! 0o�*lopm4nt Socvlces 0 Planning Division 0 2 F Environmental Setting: (Asech brief description) 32. Describe the project site as it ei lsls before the project, including information on topography, soil stabirdy, plant and animals, and any cultural, historical, or scenic aspects. Describe any eAsting structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid'photos will be accepted. ' 33. Describe the surrounding properties, Including information on plant and animals and any cultural, historical, or scenic aspect. Indicate the type of land use (residential, commercial, etc.), Intensity of land use (on"miy, apartment houses, shops, department stores, etc), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vide( Snapshots or Polaroid photos will be accepted. -5 ' ' ,, - • �.e es3 c--<.- I 4ce-E .. si kukree Certification I hereby certify that the statement furnished. above and in the attached ekhibits present the data and information required for this Initial evaluation to the best of my aW.and that the facts, statement, and information, presented Ara trua and correct to the best of my knowledge and belief. ORDER NO. BU -178894 LP MID VALLEY TITLE AND ESCROW COMPANY PRELIMINARY REPORT POST OFFICE BOX 3039 601 MAIN STREET CHICO, CALIFORNIA 95928 TELEPHONE (530)- 893-5644 ALL POLICIES OF TITLE INSURANCE'ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY (4) YOUR NO. ESCROW OFFICER: LUCY PERSHALL RE: ORESTANO/SCHUSTER IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, FIRST AMERICAN TITLE INSURANCE COMPANY, HEREBY REPORTS THAT ITIS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN ,OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND, STIPULATIONS OF SAID POLICY FORMS. THE -PRINTED EXCEPTIONS AND EXCLUSIONS. FROM THE,COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN,EXHIBIT P; ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE `READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT,_A OF THIS REPORT _. CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE•MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH. ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND -SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT\(AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS.ISSUED SOLELY FOR THE'PURPOSE'OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY., IF IT IS DESIRED THAT LIABILITY,BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE'REQUESTED. DATED AS OF FEBRUARY 2`,,2000, AT 7:30 A.M. ROGER BUTTOW CHIEF TITLE OFFICER PAGE 1 ORDER NO. BU -178894 LP TITLE TO'SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: SERGIO ORESTANO AND•MARIA ANTONIETA R. DE ORESTANO THE ESTATE 'OR INTEREST IN THE, LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED -BY THIS REPORT IS: A FEE AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 2000-2001, A LIEN, BUT NOT YET DUE OR PAYABLE. 2. ANY TAXES, CURRENT OR DELINQUENT, TAX SALES, 'STREET ASSESSMENTS, BONDS, SPECIAL ASSESSMENTS, ASSESSMENT DISTRICTS, TAX DEEDS,- TREASURER'S DEEDS, .AND CERTIFICATES OF SALE, WHICH MAY EXIST AS LIENS, CHARGES OR ENCUMBRANCES AGAINST SAID LAND, NO EXAMINATION OF THE RECORDS PERTAINING TO SAID{MATTERS HAS BEEN MADE. TAX INFORMATION AVAILABLE UPON REQUEST. AP# -047-350-013-000, 047-350-014-000, 047-350-015-000 3. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. A REPORT HAS BEEN ORDERED TO DETERMINE IF A SUPPLEMENTAL TAX.BILL HAS BEEN SENT OUT.' IF A BILL HAS-BEEN SENT, -A REPORT WILL FOLLOW PRIOR TO THE CLOSE OF ESCROW.. RE—CHECK SUPPLEMENTAL TAXES PRIOR.TO THE CLOSE OF ESCROW. 4. MATTERS AFFECTING TITLE TO THE HEREIN DESCRIBED PROPERTY THAT MAY BE SHOWN BY AN ACCURATE SURVEY. 5. IT WILL BE NECESSARY THAT THE SPOUSE OF THE VESTEE, IF MARRIED, SIGN ALL DOCUMENTS. (OR EXECUTE A DEED) IN ORDER TO ELIMINATE THEIR COMMUNITY INTEREST. s CONTINUED ,PAGE 2 ORDER NO. BU -178894 LP NOTE: THE LAND HEREIN WAS CREATED BY GRAND DEEDS, RECORDED MARCH 2, 1972, r IN BOOK 1741, PAGE 117, OFFICIAL RECORDS, 'AND IN BOOK 1741, PAGE 123, OFFICIAL'RECORDS,-AND-RECORDED,MARCH 6, 1973, IN BOOK 1820, PAGE 348, OFFICIAL RECORDS. THE VESTEE HEREIN ACQUIRED TITLE BY DEEDS,.RECORDED FEBRUARY -23, 1973, IN BOOK 1817, PAGE 700, OFFICIAL RECORDS AND RECORDED 'MAY 14, 1973, IN BOOK 1835, PAGE 573, OFFICIAL RECORDS. PURCHASER: •SCHUSTER, STEPHEN J. VP:SOC FEBRUARY 28, 2000 (STR-NO) ORDER NO. BU -178894 LP DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, AND.IS DESCRIBED AS FOLLOWS': PARCEL ' I THE SOUTH 522.0, FEET OF THE NORTH 1566.0 FEET. OF THE FOLLOWING DESCRIBED PARCEL.OF LAND: A PORTION OF THE SOUTHEAST QUARTER OF SECTION 29 AND A PORTION OF. THE NORTHEAST QUARTER OF SECTION 32, ALL IN TOWNSHIP 23 NORTH, RANGE 1 EAST, M.D.B.. & M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE CENTER OF KEEFER ROAD WHICH POINT IS .THE NORTHEAST CORNER OF THE HOLMES TRACT, MARKED BY A RAILROAD SPIKE JN THE INTERSECTION OF THE CENTERLINES OF THE KEEFER ROAD AND GARNER LANE ACCORDING TO THE OFFICIAL MAP THEREOF RECORDED IN THE OFFICE OF THE RECORDER•OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, MAY 7, 1910,_ IN BOOK 6 OF MAPS, AT PAGE(S) 36, BUTTE COUNTY RECORDS; THENCE RUNNING SOUTH,.A DISTANCE OF 2119.58 FEET ALONG THE NORTH -SOUTH CENTERLINE OF SECTION 29, AFOREMENTIONED TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE LEAVING THE TRUE POINT OF BEGINNING AND CONTINUING SOUTH, A DISTANCE OF 2213.60 FEET ALONG THE NORTH -SOUTH -CENTERLINE OF SECTIONS 29 AND 32 AFOREMENTIONED TO 'A POINT' IN THE CENTERLINE OF KEEFER SLOUGH; THENCE RUNNING IN AN EASTERLY DIRECTION FOLLOWING THE MEANDERING OF KEEFER SLOUGH THE FOLLOWING COURSES AND DISTANCES': SOUTH 68 DEG. 49' 20" EAST, 245.00 FEET; NORTH 49 DEG. 28' 20" EAST, 376.65 FEET; SOUTH 59 DEG. 41' 30" EAST, 228.00 FEET; NORTH 47 DEG. 34' 50" EAST, 499.00 FEET; SOUTH 76 DEG. 20' 35" EAST, 177.21 FEET TO THE WESTERLY LINE OF THAT PARCEL OF LAND CONVEYED IN THE DEED FROM ESTHER M. LOBDELL TO DONALD W. HAYES, ET UX, RECORDED JUNE 1, 1965,. IN BOOK 1375, PAGE .140, OFFICIAL RECORDS;. THENCE LEAVING SAID KEEFER SLOUGH AND RUNNING NORTH 0 DEG. 01' 00" WEST, A DISTANCE OF 243.57 FEET TO AN IRON PIPE BY AN EXISTING FENCE POST; THENCE CONTINUING NORTH 0 DEG. 01' 00" WEST, A DISTANCE OF 1634.08 FEET ALONG THE WEST LINE OF AN EXISTING PRIVATE_ ROAD TO A POINT; THENCE LEAVING THE WEST LINE OF EXISTING PRIVATE ROAD AND RUNNING WEST, A DISTANCE OF 1251.61 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING .THEREFROM THE. WESTERLY 30 FEET THEREOF HERETOFORE CONVEYED TO THE COUNTY OF BUTTE BY DEED RECORDED MARCH 6, 1973, IN BOOK 1820, PAGE 348,•OFFICIAL RECORDS. AP#: 047-350-014-000 CONTINUED 63 0 DESCRIPTION - CONTINUED PARCEL II• 0 ORDER NO. BU -178894 LP A PORTION OF THE SOUTHEAST QUARTER OF SECTION.29 AND A PORTION OF THE NORTHEAST QUARTER OF SECTION 32, ALL IN TOWNSHIP 23 NORTH, RANGE 1 EAST, M.D.B. & M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE CENTER OF KEEFER ROAD WHICH POINT IS THE NORTHEAST CORNER OF THE HOLMES TRACT, MARKED BY A RAILROAD SPIKE IN THE INTERSECTION OF THE CENTERLINES OF THE KEEFER ROAD AND GARNER LANE.ACCORDING TO THE OFFICIAL MAP THEREOF RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, MAY 7, 1910, IN BOOK 6 OF MAPS, AT PAGE(S) 36, BUTTE COUNTY RECORDS; THENCE RUNNING SOUTH, A DISTANCE OF 2119.58 FEET ALONG THE NORTH -SOUTH CENTERLINE OF SECTION 29, AFOREMENTIONED TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE LEAVING THE TRUE POINT OF BEGINNING AND CONTINUING SOUTH, A DISTANCE OF 2213.60 FEET ALONG THE NORTH -SOUTH CENTERLINE OF SECTIONS 29 ; AND 32 AFOREMENTIONED TO A POINT IN THE CENTERLINE OF KEEFER SLOUGH; THENCE RUNNING IN AN EASTERLY DIRECTION FOLLOWING THE MEANDERING OF KEEFER SLOUGH THE FOLLOWING COURSES AND DISTANCES: SOUTH 68 DEG. 49' 20" EAST, 245.00 FEET; NORTH 49 DEG. 28' 20" EAST, 376.65 FEET; SOUTH 59 DEG. 41' 30" EAST, 228.00 FEET; NORTH 47 DEG. 34' 50" EAST, 499.00 FEET; SOUTH 76 DEG. 20' 35" EAST, 177.21 FEET TO THE WESTERLY LINE OF THAT PARCEL OF LAND CONVEYED IN THE DEED FROM ESTHER M. LOBDELL TO DONALD W. HAYES, ET UX, RECORDED JUNE 1, 1965, IN BOOK 1375, PAGE 140, OFFICIAL RECORDS; THENCE LEAVING SAID KEEFER SLOUGH AND RUNNING NORTH 0 DEG.. 01' 00" WEST, A DISTANCE OF 243.57 FEET TO AN IRON PIPE BY AN EXISTING FENCE POST; THENCE CONTINUING NORTH 0 DEG. 01' 00" WEST, A DISTANCE OF 1634.08 FEET ALONG THE WEST LINE OF AN EXISTING PRIVATE ROAD TO A POINT; THENCE LEAVING THE WEST LINE OF EXISTING PRIVATE ROAD AND RUNNING WEST, A DISTANCE OF 1251.61 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION LYING SOUTH OF THE NORTH LINE OF THE SOUTH 522.0 FEET OF THE NORTH 1566.0 FEET. ALSO EXCEPTING THEREFROM THE NORTH 522.0 FEET. ALSO EXCEPTING THEREFROM THE WESTERLY 30 FEET THEREOF HERETOFORE CONVEYED TO THE' COUNTY OF BUTTE, BY DEED RECORDED MARCH 6, 1973, IN BOOK 1820, PAGE 348, OFFICIAL -RECORDS. AP#: 047-350-015-000 PARCEL III• A PORTION OF THE SOUTHEAST QUARTER OF SECTION 29 AND A PORTION OF THE NORTHEAST QUARTER OF SECTION 32, ALL IN TOWNSHIP 23 NORTH, RANGE 1 EAST, M.D.B. & M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONTINUED • DESCRIPTION - CONTINUED S. - ORDER- ORDER NO. BU -178894 LP PARCEL III - CONTINUED COMMENCING AT A POINT IN THE CENTER OF KEEFER ROAD WHICH POINT IS THE NORTHEAST CORNER OF THE HOLMES TRACT,- MARKED BY A'RAILROAD SPIKE IN THE INTERSECTION OF THE CENTERLINES OF THE KEEFER ROAD AND GARNER LANE ACCORDING TO THE OFFICIAL MAP THEREOF RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, MAY 7, 1910, IN BOOK 6 OF MAPS, AT PAGE(S) .36, BUTTE COUNTY RECORDS; THENCE RUNNING SOUTH, A DISTANCE OF 2119.58 FEET ALONG THE NORTH -SOUTH CENTERLINE OF SECTION 29, AFOREMENTIONED TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE LEAVING THE TRUE POINT OF BEGINNING AND CONTINUING SOUTH, A DISTANCE OF 2213.60 FEET ALONG THE NORTH -SOUTH CENTERLINE' OF SECTIONS 29 AND 32 AFOREMENTIONED TO A POINT IN THE CENTERLINE OF, KEEFER SLOUGH; THENCE RUNNING IN AN EASTERLY DIRECTION FOLLOWING THE MEANDERING OF KEEFER SLOUGH THE FOLLOWING COURSES AND DISTANCES: SOUTH 68 DEG: 49' 20" EAST, 245.00 FEET; NORTH 49 DEG. 28' 20" EAST, 376.65 FEET; SOUTH 59 DEG. 41' 30" EAST, 228.00 FEET; NORTH 47 DEG. 34.' 50" EAST, 499.00 FEET; SOUTH 76 DEG. 20' 35" EAST, 177.21 FEET TO THE WESTERLY LINE OF 'THAT PARCEL OF LAND CONVEYED IN THE DEED FROM ESTHER M. LOBDELL TO DONALD W. HAYES, ET UX, RECORDED JUNE 1, 1965, IN BOOK 1375, PAGE 140, OFFICIAL RECORDS; THENCE LEAVING SAID KEEFER SLOUGH AND'RUNNING NORTH 0 DEG. 01' 00" WEST, A DISTANCE OF 243.57 FEET TO AN IRON PIPE BY AN EXISTING FENCE POST; THENCE CONTINUING NORTH 0 DEG. 01' 00" WEST, A DISTANCE OF 1634.08 FEET ALONG THE WEST LINE OF AN EXISTING PRIVATE ROAD TO A POINT; THENCE LEAVING THE WEST LINE OF EXISTING PRIVATE ROAD AND RUNNING WEST, A DISTANCE OF 1251.61 FEET TO THE TRUE POINT OF.BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION LYING NORTH OF THE SOUTH LINE OF THE SOUTH 522.0 FEET OF THE NORTH 1566.0 FEET. ALSO EXCEPTING THEREFROM THE.WESTERLY.30 FEET THEREOF HERETOFORE CONVEYED TO THE COUNTY OF BUTTE, BY DEED RECORDED MARCH 6, 1973, IN BOOK 1820, PAGE 348, OFFICIAL RECORDS.` AP#: 047-350-0'13-000. 47 - 35 L T23N, RI E,.,MDBaM \ NE 1/4 of SEC. 32 a SE I/4 of SEC. 29 4 4 53 60 /,' , 400' I = HE COR; SE ! 4, W Sf l , W 1/4, 30'70 CO of BUTTE CTR OF CTR OF SEC 32 30' 7O CO BUTTE SE 2 1774-504-72 1679.4 Sf0 29 GARNER LANE NORTH 1820-J -73 647.6 SZY 522 1. 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AI 4+ Af 375.52 '1P 373-52 S 00°06 03'E 33 28 KEEPER CREEK ESTATES E I/4 COC See 29 E 1/4 COR �r �•v T•T �•r er t,r+e on>.r i 25 52 37 Assessors Mop No. 97- 35 a ndw• rnlr•v�• .1 County o/ Butte, Calif. tlYpMnyt to o i W rel WA00n of NI pe 1 or p•roeM M s aM id � � Wr &%qW b• ordem•0• my IllromntWbeWo^tl+lem•P d1N 1996 K£EfER CREEK ESTATES 122 M.O.R. 12/rS 12-20-90 LOTS 1/53 LOTS AIS LONE TREE SUB, 100M.O.R.85/86 2-2/-06 Sf0:2-96 ' LORNA HEIGHTS SUB, 43 M.O.R. 61%62,2-5-71 RCVr{�J 1`�JV DISE. MM.Mc E. Kot— OrA-111 5--d-443 - Tsm o 03 �.>• ... -A oun U 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 Date: December 21, 2000 To: Responsible and Trustee Agencies Subject: NOTICE OF INTENT - To Adopt a Proposed Mitigated Negative Declaration for a General Plan Amendment, Rezone and Tentative Subdivision Map (Pheasant Landing Unit III), Steven J. Schuster (File #GPA>RZ 00-05 & TSM 00-03) The Butte County Planning Division has completed an Initial Study, in accordance with the California Environmental Quality Act (CEQA), of potential environmental consequences anticipated in connection with the above-mentioned projects, a copy of which is enclosed. This letter serves as a Notice of Intent to adopt a Mitigated Negative Declaration to allow responsible and trustee agencies a 20 -day review period in accordance with Sections 15072 and 15105 of the CEQA Guidelines. Please review the enclosed Initial Study and proposed Mitigated Negative Declaration. - This review should focus on your agency's area of expertise and jurisdiction. Any comments must be sent to the above address prior to January 11, 2001, upon which date a public hearing is scheduled. If you have any questions regarding the enclosed environmental document, please contact this office between the hours of 8:00 a.m. and 4:00 p.m. Daniel C. Breedon Senior Planner cc: Steven J. Schuster Butte County Air Pollution Control District Butte County Public Works Department Butte County Environmental Health Department, Chico California Department of Fish and Game California Department of Forestry Central Valley Regional Water Quality Control Board California Department of Transportation / Airport Land Use Commission (ALUC) Local Agency Formation Commission (LAFCo) Chico Area Recreation District (CARD) Army Corps of Engineers City of Chico Chico Unified School District 0 0 Project: General Plan Amendment/Rezone/Tentative Subdivision Map ' (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III. ) COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: Name of Proponent: Stephen J. Schuster 2. Address: 3406 Keefer Road, Chico, CA 95973 Phone: 530-8944894 3. Name of Proposal: General Plan Amendment/Rezone/Subdivision Map (Pheasant Landing Subdivision Unit IID 4. Type of Project: General Plan Amendment/Rezone/Tentative Subdivision Map 5. Project Descriptions: General Plan Amendment and Rezone (GPA/RZ 00-05) The applicant requests a. General Plan Amendment and Rezone involving a 5 (+/-) acre neighborhood park area currently zoned P -Q (Public -Quasi Public) and designated as "Public" by the General Plan. This proposal constitutes an alteration to the North Chico Specific Plan's policies .and exhibits. The applicant proposes altering the location of the park, rezoning the OS (Open Space) zone and a portion of lands zoned SR -1 (Suburban Residential, 1 acre parcels), which lies adjacent to Keefer Slough as shown on the North Chico Specific Plan (NCSP), to the neighborhood park zone ,(P -Q). Additionally, the NCSP General Plan designations for this area will be amended from "Agricultural Residential" and "Open Space" to "Public". The original location for the neighborhood park will be rezoned from P -Q to SR=1 (Suburban Residential, 1 acre parcels) and the NCSP General Plan designation will be amended from "Public" to "Agricultural Residential". This proposed action will serve to relocate a 5 -acre area reserved for .park use under the NCSP. The new location is currently occupied by residential and open space zoning along Keefer Slough. The proposal will result in the removal of approximately 3.3 acres of Open Space from the NCSP. This acreage will be replaced with SR -1 zoning, which will allow for 3 additional dwellings upon subdivision of the area. Butte County Department of Development Services C Planning Division ❑ 1 Project: General Plan Amendment/Rezone/Tentative Subdivision Map ' (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) Tentative Subdivision Map The Subdivision Map proposes 30, 1 (+/-) acre residential parcels, one, 1.47 acre parcel (Lot "A") for community, sewage disposal, one, 5 (+/-) acre parcel (Lot "B") for the future, neighborhood park, and one, 1 (+/-) acre parcel (Lot "C") for a storm water retention area. The project will be provided with water service by individual domestic wells. Roads shall be dedicated for public use. Note: This project has been reviewed for consistency with the Adopted North Chico Specific Plan (NCSP) goals and polices and will utilize the adopted Certified Environmental Impact Report (CEIR) prepared for the plan as the basic environmental document. The NCSP is a mixed-use large scale development plan, which serves as a broad reaching site planning tool for larger developments in the unincorporated North Chico area. These documents were adopted by the Board of Supervisors in March of 1995. Pursuant to Government Code Section 21083.3, if an EIR has been certified for the adoption of a Specific Plan, the application of CEQA shall be limited to effects upon the environment which are peculiar to the parcel or to the project and which were not addressed as significant effects in the prior CEIR. 6. Location of Property: This property is located east of and adjacent to Garner Lane, approximately 1.6 miles south of Keefer Road, north of Keefer Slough in the north Chico area. 7. Assessor's.Parcel Number: 047-350-013, -014, and -015 Setting: This property is currently undeveloped, but may have been used as an almond orchard or other agricultural use in the past. The property is level, with no dominant physical characteristics. The area's vegetation is characterizedas fallow grassland and pasture, noxious weeds, primarily starthistle, is predominant. Several small almond and valley oak trees are present on the site. A complete list of plants identified at this site is attached to this Initial Study. Keefer Slough is located along the south margin of the property. No other wetlands or water features are located on the property. Keefer Slough is an unimproved natural drainage, but contains no riparian vegetation at this location. Access is provided by Garner Lane, a County Road. Subdivision access will be provided by one through road and one looped collector road. The project lies within the North Chico Specific Plan Area, County Service Area 87 (CSA 87) and the Chico Area Recreation District (CARD). 9. Date Checklist Submitted: 10. Other public agencies whose approval is required (e.g.-, permits, financing approval, or participation agreement): Airport Land Use Commission, Chico Area Recreation District, Butte County Department of Development Services ❑ Planning Division 2 Project: General Plan Amendment/Rezonw7entative Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) i II. DETERMINATION: On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the;; environment, and a NEGATIVE DECLARATION will be prepared. x I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL EMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the; environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or res that are imposed upon the proposed project, nothing further is requi Prepared by: Daniel Breedon, Senior Planner Date —2aoc Reviewed by: Ran ilson, Principal Planner bate Butte County Department of Development Services D Planning Division 0 3 Project: General Plan Amendment/RezonetTentative Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact as indicated by the checklist on the following pages. X Aesthetics 0 Agriculture Resources X Air Quality X Biological resources ❑ Cultural Resources X Geology/Soils X Hazards/Hazardous Materials ❑ Hydrology/Water Quality X Land Use/Planning ❑ Mineral Resources + X Noise ❑ Population VHousing X Public Services X Recreation X Transportation/Traffic ❑ Utilities/Service Systems X Mandatory Findings of Significance . EVALUATION OF ENVIRONMENTAL IMPACTS I) A brief explanation is required for all answers except• "No Impact" answers that are adequately supported by the information sources a lead - agency cites in the parentheses following each .question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone. •A -'Wo Impact" answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project -specific screening analysis.) 2) All answers must take account of the whole action involved including off-site as well as on- site, cumulative as well as project -level; indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, 'less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the -determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than. Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," -may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Butte County Department of Development Services b Planning Division ;, 4 Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the .above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures` For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. r: 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general. plans, zoning ordinances).. Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and i b) The mitigation measure identified, if any, to reduce the impact to less than significant. Butte County Department of Development Services 0 Planning Division 5 Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact .IV. ENVIRONMENTAL B11PACTS: 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) . Substantially damage scenic resources including,- but riot limited ,to, "trees, rock outcroppings, and historic buildings within a state scenic highway? ` X c) Substantially degrade the existing visual character or quality of the ' site and its surroundings? X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 04 Response: The existing parkland is consistent with the NCSP as indicated in Chapter 8 of the NCSP CEIR. The relocation of the 5 acre neighborhood park from'its existing location to the new location adjacent to Keefer Slough could have aesthetic impacts. However, the current location is visually consistent with the surrounding property, and this location does not appear to have been chosen to protect any aesthetic resource. The new location may have a more positive aesthetic effect, since it is adjacent to Keefer Slough, and views of the creek will be protected by additional parkland. NCSP Policy 3-5 (Z) provides for the integration of open space, parks and recreational amenities, which will improve the quality of life for residents of the plan area and the greater Chico area. Approximately 3.3 acres of Open Space zone will be removed from the site, under the current proposal. This may result in impacts to aesthetic values.Adding additional parkland to the new location could help to mitigate this loss, while promoting bothan open space use and a recreational use. However, the existing proposal may not provide enough parkland outside of the 100 foot open space area required by the NCSP along Keefer Slough. The Chico Area j Butte County -Department of Development Services 0 Planning Division 6 ' Project: General Plan Amendment/Rezon&Tentative Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact , Impact Recreation District (CARD) indicates that a minor increase to the amount of parkland Proposed could be considered to allow for development of recreational uses outside the 100 foot Open Space setback. Establishment of a 100 foot no -development setback within the park, and inclusion of additional parkland in this area is recommended as project mitigation measures. Mitigation Measure #1 At the time of conveyance of any deed dedicating or transferring the property zoned P -Q (Public Quasi -Public) to a public entity, a 100 foot no -development setback easement shall be executed, which shall prohibit any development activities within a 100 foot linear area measured from the top of the bank of Keefer Slough. This no -development setback is necessary to allow for the establishment of riparian vegetation along Keefer Slough, in accordance with policies of the North Chico Specific Plan. The no -development setback shall not prohibit conservation ,efforts intended to benefit the establishment of riparian habitat or grasses along Keefer Slough provided it is approved by the California Department of Fish & Game. Mitigation Measure #2 The current proposal removes approximately 3.3 acres of Open Space zoning from the North Chico Specific Plan. This Open Space zone is intended to protect the natural 'resources and promote growth of riparian vegetation along Keefer Slough. In order to allow for parkland development and to provide for the necessary 100 foot no -development setback as described under Mitigation Measure #1, additional parkland will be necessary along Keefer Slough. This . area should be of a sufficient size to allow for the development of the park with recreational uses in accordance with the NCSP's intentions for this neighborhood park, while remaining clear of the 100 foot no -development setback with park development. The size of this additional parkland area shall be determined by the Chico Area Recreation District. 2. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are. significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Butte County Department of Development Services C Planning Division C 7 Project: General Plan Amendtnent/Rezone/rentative Subdivision Map (Stephen I Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) Less Than Significant Less Potentially With Than Significant Mitigation. Significant No Impact Incorporated Impact Impact a) Convert Prime Farmland, Unique Farmland; or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X b) Conflict with existing zoning for agricultural use, or a Williamson. Act contract? X c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Response: X a - c. There is no Williamson Act contract :affecting this property. The proposed parkland relocation does not involve any agricultural resource. No impact is anticipated to agricultural resources as a result of this General Plan Amendment/Rezone and Subdivision Map. Mitigation: None required. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? 1 X f b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X I C) Result in a cumulatively considerable net increase of any criteria pollutant for which the . project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? r X d) Expose sensitive receptors to substantial pollutant concentrations? X_ Butte County Department of Development Services 0 Planning Division u 8 • Project: General Plan Amendment/RezonwTentative Subdivision Map (Stephen J. Schuster. GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit ill) Potentially Significant Impact Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact e) Create objectionable odors affecting a substantial number of people? X Res onse- The relocation of the 5 -acre park site as proposed under the General Plan Amendment and Rezone will not result in any change to air quality. No impact is anticipated: The proposed Tentative Subdivision Map conforms to the NCSP and as indicated in Chapter 10 and Table 16-3 of the NCSP EIR, the proposed subdivision may result in a contribution to indirect emissions associated with project -related automobile use, and to the cumulative exceeding of emission thresholds contained in the Air Quality Attainment Plan. Project elements incorporated into the NCSP reduce these impacts to less than significant. However, the Butte County Air Quality Management District had additional recommendations for this project. The District recommends incorporating measures to control fugitive dust emissions from all road and other construction activities during project improvements. Measures may include site and driveway watering and/or use of other acceptable soil palliatives. Mitigation Measure #3 1 A. Measures shall be taken to control fugitive dust emissions from all road, drivewayand other civil construction associated with residential development. Measures may include site and road watering and/or use of other acceptable soil palliatives. Questions regarding fugitive dust control may be directed to the Butte County,Air Quality Management District at phone number (530) 891-2882. Prior to recordation of the Final Map, submit an improvement plan with respect to fugitive dust and air pollution to the Butte County Air Quality Management District for review and determination of adequacy. Said plan shall include measures to control fugitive dust emissions from all road, driveway and other civil construction associated with residential development, including the construction of dwelling units. Measures determined to be acceptable by the Air Quality Management District shall' be implemented during all development activities on the site. A copy of the approved plan shall be submitted to the Public Works Department and Department, of Development Services, Building Division, prior to recordation of the Subdivision Map. ❑ Butte County Department of Development Services ❑ Planning Division ❑ E Project: General Plan Amendment/gezone/ entative Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03; Phe, Landing Subdivision Unit 1II ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact B. Place a note on the owner's statement, the deed, or ano Impact that states: the shall be taken to control fugit vel dust emissions ment to be recorded driveway and other civil construction associated with resist a from all Approved dust control measures are found in the fugitive dust control plan forth site approved by the Butte County Air Qualitya site be obtained from the Butte CounDepartment agement District, a copy of which can Division." �' Partment of Development Services, Building 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantia adverse effect, either directly 'or through habitat modifications on any species identified as a candidate, sensitive, or special status species in local .or re ional policies, or regulations, or by the California Department of Fish and Game or U.g Plans, Wildlife Service? S. Fish and X b) Have a substantia adverse effect on any, riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the Cai Department of Fish and Game or US Fish and Wildlife Service? fornix X c) Have a substantial adverse effect on federally protected wetland s as by 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, defined oa talecti . ) through direct removal, filling, hydrological interruption, 'or other means? etc.) d) Interfere substantially with the movement of any native resident wildlife species or with established native resident or migratory wildlife corridors, or tory fish or the use of native wildlife nursery sites? s, or impede X e) Conflict with any local policies or ordinances protecting biological resources such preservation policy ordinance. as a tree X fl Conflict with the,provisions of an adopted Habitat Conservation Plan, Conservation Plan, or other approved local, regional, or state habitat conservation plan9 ity n plan. Butte County Department of Development Services ❑Planning Division 10 Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III) Less Than Significant Less Potentially VV'lth Than Significant Mitigation Significant No Impact Incorporated Impact Impact X Response: a. -.d. The proposed project conforms to the NCSP as indicated in Chapter 6 and Table 16- 3 of the NCSP CEIR. The subdivision of property can result in the potential loss of or disturbance to, riparian habitat, vernal pools and other ephemeral wetlands, and the disturbance or loss of special status plants that occur due to grading and development. Project Elements incorporated into the plan reduce these impacts to less than significant level. A survey for sensitive species of vascular plants was conducted on the project site on April 7, 2000. The survey did not find any present or past evidence of sensitive plant species and stated that mitigation was not necessary. The plant survey did report that four small valley oak trees (Quercus lobata) were present on the property. Since development pressure in valley areas `of the County influence valley oaks and their habitat, the DF&G encourages developers to preserve as many trees as possible, with an emphasis on larger, more mature trees. The County of Butte has no official oak tree preservation policy. Although valley oaks are not an endangered species and are not protected by local ordinance, efforts should be made to ensure that projects protect native valley oak trees, since development is decreasing their numbers to the point that they may become endangered in the future. The Sensitive Plant Survey recommends that as a mitigation measure for these projects, any valley oaks removed during construction activities be replaced on' a two for one basis after development. The replacement of the Open Space zoning with the parkland may have an impact on the 100 foot no development setback established along Keefer Slough by the NCSP under Resource Protection Policy 7.4-1. Some uses allowed under the parkland (P- Q) zone would involve land development. According to the NCSP this park area is to be used for active and passive recreational opportunities, including play fields, tennis courts basketball courts, picnic areas and children's play areas. The Open Space zone along Keefer Slough is intended to protect a 100 foot wide area from development and to protect riparian vegetation, provide habitat for wildlife and to allow for re-establishment of trees and riparian habitat within the corridor. The 5 acre Butte County Department of Development Services ❑ Planning Division ' 11 Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen L Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact park proposed for this area can promote these same goals. Although Keefer Slough has the potential to provide riparian habitat at this location, no vegetation typical of riparian habitat is present,- with the exception of some local grasses and noxious weeds, with star -thistle being the most predominant plant: Star -thistle is considered an invasive non-native plant, that is typical, of disturbed sites in the County. Development of the park could bring better management strategies to the Keefer Slough corridor that would help promote riparian growth, and eradicate invasive weeds such as star -thistle. Park land development could provide for recreational activities while promoting riparian revegetation and preservation. However, grading and associated development. involved with some uses of the park could result in the loss of or disturbance -to riparian habitat. In addition, NCSP Environmental Protection Policy 1 indicates that impacts to riparian areas should be minimized through avoidance. This issue can be addressed by restricting development of the active amenities of the parkland to an area 100 feet distant from Keefer Slough. This is recommended as a project Mitigation Measure. This project will not have an impact to fish or wildlife habitat. Department of Fish and Game fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5 are not required. C. A wetlands delineation was prepared for this property under the NCSP CEIR. Figure 6-2 of the CEIR shows that no wetlands are present on the subject property. Keefer Slough is identified on Figure 6-2., which borders the south margin of the property, and also borders the south margin of the proposed park area. Alteration or disturbance to Keefer slough is not anticipated as a result of the General Plan Amendment/Rezone. The Army Corps of Engineers commented on this project, indicating that the work proposed would not involve the discharge of dredged or fill materials• into the waters of the United States. The Army Corps did indicate that Keefer Slough was included in a proposed Army Corps flood control. project.. Any work in or near Keefer Slough may have to be coordinated with the Planning Division of the Army Corps of Engineers, Sacramento District. e. Policy 7.4-3 of the NCSP requires that pre -construction avian surveys be conducted for the black -shouldered kite (Elanus caeruleus) during the nesting/breeding season in the vicinity of Keefer Slough between Garner Lane and Hicks Lane. The NCSP EIR indicates that kites have been observed nesting in a small group of trees along Keefer Slough just north of the quarry area. These trees are located in the vicinity of tE Butte County Department of Development Services ❑ Planning Division E- 12 12 Project: General Plan Amendment/Rezone/rentative Subdivision Map , (Stephen, J. Schuster. GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III) v ' • .. �Less Than •- ��•• �. . . Significant Less . I Potentially With Than f 4{ Significant Mitigation Significant, No Impact Incorporated Impact ( Impact the project area. ;The black -shouldered kite is a California Department of Fish and , ` Game "species of special concern".. Additionally this species is also considered to be fully protected under California Fish & Game Code Section 35111. Black -shouldered kites prefer to nest in tall trees, generally in dense groves, and forage in'grasslands and fallow croplands' NCSP elements that mitigate development. impacts to the kite includes designation of,the open space corridor along Keefer Slough, inclusion of over 500 acres of open space,uses in the plan area, preservation and protection of trees, in the plan area known to contain nesting sites, and recommendation for pre - construction surveys as described in Policy 7.4-3 above. In order to''ensure'that no , r construction takes"place within 300 feet. of any active nest until after the young have been fledged, the avian survey required by Policy 7.4-3 shall be required as a project • mitigation. Theproposal will not conflict with any local policies: For ordinances ' protecting biological resources such as.a tree preservation policy ordinance. " f. The proposal will riot'conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state .'habitat conservation plan. - .F r Mitigation Measure #4 At the time of conveyance of any deed dedicating or transferring the property'zoned P -Q (Public Quasi -Public) to a public entity,a 100 foot no -development setback;easement shall be executed, which shall, rohibit any development activities within a 100 foot linear area measured from the top of the bank of Keefer Slough This no -development setback is necessary to allow for the establishment of riparian vegetation along Keefer Slough; in accordance with policies of the North Chico Specific Plan. The no -development setback shall not prohibit conservation, efforts intended to benefit the. establishment of riparian habitat or grasses along Keefer Slough provided it is approved by the California Department of Fish & Game.' , Mitigation IVTeasure #5., r In accordance with North Chico Specific Plan Policy 7.4-3, pre -construction surveys shall be conducted by a qualified professional along Keefer Slough and vicinity to determine if " nesting/breeding activities of the black -shouldered kite are occurring. Any!!`portion of the subject property that lies `within 300 feet of an active nest shall be,surrounded by an `orange ' fence during construction activities. Any construction activities planned for! areas that are ' within 300 feet.of any active nest shall be delayed until after the young have been fledged. The survey shall take place prior to Subdivision Map recording. The survey and all findings shall Butte County Department of Development Services ❑ Planning Division i! 13 ... � t' Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit nI ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact be provided to the Planning Division. The Planning Division shall ensure'that compliance with any limitations on construction activities in the vicinity of any identified kite nests. . 5. CULTURAL RESOURCES.. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? X c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d) Disturb any human remains, including those interred outside of formal cemeteries? X Response: The proposed project conforms to the NCSP and as indicated in Chapter 7 of the NCSP CEIR, Project Elements and mitigations incorporated into the plan reduce impacts to archaeological resources to less than significant level. The proposed Subdivision is shown to be outside the area designated as having high archaeological sensitivity. However, the new location of the proposed park site, is an area that has been identified as having a high archaeological sensitivity (NCSP Figure 7-1). The NCSP CEIR indicates that the highest sensitivity areas within the plan area are lands located within 100 to 200 feet from stream courses. A majority of these areas are already afforded protection by the 100 foot no -development setback required along Keefer Slough. Approval of the proposed General Plan Amendment and Rezone would not authorize any . additional construction or activity that, will impact archaeological resources. However, a pedestrian level archaeological reconnaissance will be required prior to development of any area located outside the 100 foot setback along Keefer Slough, in accordance with NCSP Policy 7.4-4. Mitigation: None required. Butte County Department of Development Services C Planning Division 14 Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of .loss, injury, or death involving: 1) Rupture of a known earth -quake fault, as delineated on the most recent Alquist- priolo Earthquake Fault Zoning Map issued by the State Geologist ,for the area or based on other sub-stantial evidence of a know fault? Refer to Division of Mines and Geology Special Publication 42. X 2) Strong seismic ground Shaking? X 3) Seismic -related ground failure, including liquefaction? X 4) Landslides? X b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating sub-stantial risks to life or property? X e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste water? X Butte.County Department of Development Services 0 Planning Division 0 15 Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) Potentially Significant Impact Response-, 91 Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact The project will, not create any significant geophysical or topographicalimpacts that will result in any deterioration of the environment or place people at any significant risk. The project conforms to the land uses planned for in the NCSP as indicated in Chapter,4 and Table 16-3 of the NCSP CEIR. The Conservation Element's Expansive Soils Map indicates that the project site has'a low to high expansive soil designation. Many°valley areas within Butte County have a high potential for structural damage from soil 'shrinking and swelling. The Conservation Element's Policy 6.1 instructs to protect development in valley areas with expansive soils. This is to be accomplished through the implementation of mitigation measures for large developments and major facilities when there is a potential for significant damage. Building site development will take place in accordance with the Uniform Building Code through Butte County's building permit process; Typical commercial construction techniques, when in conformance with -the UBC, can protect from structural damage caused .by expansive soils. At the time of building plan checking, the Butte County Building Division requires that soil tests be conducted on soils that have a high potential for expansion. If it ' is determined that the project site contains such soils, the Building Division will ensure that appropriate measures are taken to prevent damage to structures from expansive soils. Staff recommends that as a mitigation for this project all foundations for this project be designed by a registered Civil Engineer or licensed architect and that this requirement be disclosed on the final map. Mitigation Measure #6: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Prior to site development all foundations shall be designed by a registered Civil Engineer or licensed architect." 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or, the environment through the routine- transport use, or disposal of hazardous materials? X Butte County Department of Development Services ❑ Planning Division 16 Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen I Schuster. GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) j Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact ,? Impact F b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed schools? X t d) Be located on a site which is included on a list of hazardous materials' sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X 0 For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? ,i X g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 4 X h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Response: a - d. The project will not create any hazardous materials, and is not located on or near any sources of hazardous materials. e - f. The project is within the Comprehensive Land Use Plan (CLUP) for the Chico Municipal Airport. The airport's runways lie approximately E'2.5 miles to the Butte County Department of Development Services Planning Division ii 17 Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact . Impact southeast of the project's boundaries. The Airport Land Use Commission (ALUC) reviewed the General Plan Amendment and Rezone, together with the proposed Subdivision. Their staff indicate that the proposed General Plan Amendment and Rezone is more compatible with airport operations than the original plan layout, because relocation of the 5 -acre parkland to an area adjacent to Keefer Slough places more non -residentially zoned acreage in the more restrictive Overflight Protection Zones A and B. However, the existing SR -1 zoning is still found to be inconsistent with the density, as recommended by ALUC. The ALUC staff notes that the changes have a positive feature, in that the potential usable open space for emergency landings are grouped together between the park, roadway and detention basin -proposed for the subdivision. However, ALUC has found the General Plan Amendment, Rezone and proposed Tentative Subdivision Map inconsistent .with the 1978 Chico Municipal Airport CLUP, asamended on October 21, 1998 'and December. 29, 1999. ALUC's recommendations to make the project consistent with the CLUP, are attached to this Initial Study as Exhibit "A". State law allows for local governments to make findings necessary to override a decision made by ALUC. The applicant has expressed a desire to pursue an override of ALUC's decision with the Butte County Board of Supervisors. The Board of Supervisors will be required to adopt overriding findings by a 4/5 vote. At the time of its adoption, the proposed SR -1 zone located within the NCSP was deemed to be consistent with the Chico Municipal Airport Environs Plan. However, the NCSP was adopted on an override of ALUC'S decision, which found the NCSP inconsistent with the 1978 CLUP. ALUC's determination of incompatibility was based on the urban designations in the "town center" area of the NCSP, south of Mud Creek. ALUC amended the 1978 CLUP on December 29, 1999. The impact of the NCSP on the CLUP has not been reassessed by the Board of Supervisors. The consideration of overriding findings for this project, and the consistency of the NCSP with the 1999 CLUP amendment constitutes a policy decision that must be addressed by the Board of Supervisors. It should be noted'that ALUC adopted the 2000 CLUP on December 20, 2000. Even though this project is not subject to the new 2000 CLUP, ALUC staff notes that the project would be inconsistent with the 2000 CLUP, which recommends one dwelling unit per five acres. Butte County Department of Development Services - Planning Division 18 • • Project: General Plan Amendment/Rezonerrentative Subdivision Map (Stephen J. Schuster. GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) Less Than Significant Less Potentially VVth Than Significant Mitigation Significant No Impact Incorporated Impact Impact ALUC also considered the 1.46 acre gross average lot size of the Subdivision; and recognized that it was more conforming to the 1999 CLUP criteria, but still did not achieve a 2.5 acre gross lot size required by the CLUP. The project site is located outside the 55 CNEL (community noise level equivalent) noise contour. The 1993 Airport Land Use Planning Handbook does not identify one acre development as a potential safety hazard in the airport overflight zone. Mitigation for this project's impact on the Chico Municipal Airport involves two options, 1) amending the project to conform to ALUC's recommendations; or, 2) provide for approval of the project under the Board of Supervisor's adoption of overriding findings regarding the 1999 Chico Municipal Airport CLUP. h. The project is located within a State Response Area for wildland fires and construction of homes in this area makes fighting wildland fires more difficult because fire resources must protect structures before protecting wildlands: Regulations pursuant to Public Resources Code 4290 (Fire Safe Regulations) are recommended to be included as conditions of the Subdivision Map. Mitigation Measure #7 In order to address the significant impact of this project on the Comprehensive Land Use Plan (CLUP) of the Chico Municipal Airport, perform one of the following two options: Amend the project to conform to ALUC's recommendations as follows: A. The lot design shall be amended to show no single family residential building sites within either the Overflight Protection Zone A or B. No residential lot for a single family dwelling shall be less than 2.5 acres In gross size. B. A condition shall be required on any future Final Map stating that prior to the issuance of a Building Permit 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. Butte County Department of Development Services ❑ Planning Division ❑ 19 Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephan J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) Less Than Significant Less Potentially With Than Significant, Mitigation Significant No Impact Incorporated Impact Impact O. 2. Overriding findings regarding ALUC's decision finding this project inconsistent with the Chico Municipal Airport CLUP must be considered by the Board of Supervisors for this General Plan Amendment/Rezone, and the concurrently submitted Subdivision Map, in accordance with the process outlined within Chapter . 5 of the Airport Land Use Planning Handbook, prepared for CalTrans Division of Aeronautics, December, 1993. If overriding findings cannot be supported by the Board of Supervisors for this project, it cannot be approved. 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water duality standards or waste discharge requirements? X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g.,.the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)), - X C) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on -or, off-site? X. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or -off--site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoX ❑ Butte County Department of Development Services 0 Planning Division 20 • Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen J. Schuster, GpA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) Potentially Significant Impact f) Otherwise substantially degrade water quality? • Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact X g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h) Place within a 100 -year flood hazard areastructures which would impede or redirect flood ood X I) Expose people or structures'to a significant risk or loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X j) Inundation by seiche, tsunami, or mudflow? X Response: The project shall utilize a community sewage disposal system which will collect sewage from individual septic tanks. Waste Discharge Requirements will be required from the Regional Board prior to Final Map recording. The Waste Discharge Requirements will require the sewage system to operate within limits imposed by the Regional Board. Water supply to the individual parcels will be provided by on-site domestic wells. No additional water: service is required. A portion of the property resides within the 100 -year floodplain (Zone A) of Keefer Slough according to FEMA map 06007C0320D dated April 20, 2000. None of the 30 lots proposed by the Tentative Subdivision Map are within the floodplain. The proposed park is located within the floodplain. The proposed park should not involve the construction of any uses that would impact, or be impacted by the floodplain. However, this floodplain is designated as a "floodway" by FEMA maps., Section 26-24 (a)(6) prohibits all development ,,within a floodway unless certification by a registered professional engineer demonstrates that the encroachment within the floodway will not result in any increase in flood levels when the floodway is at capacity. r-. Butte County Department of Development Services ci Planning Division 0 21 0 Project: General Plan Amendment/RezonelTentative Subdivision Map Subdivision Unit III ) (Stephen J. Schuster, GPA/Rz 00-05; TSM 00-03, Pheasant Landing Potentially Significant Impact • Less Than Significant Less . With Mitigation Than Significant No Incorporated Impact Impact affect surface water quality due to siltation resulting from erosion caused The proposal could by development of new dwelling units, private roads, 'driveways, and a leach field. This site is level and the soil is not prone to erosion. No impact is anticipated. s. Drainage Drainage patterns will be altered by .construction of residences and herenceprivate rtot he drainage P will be directed, to a retention pond located on Parcel C . A standards of the Butte County Public Works Department will address impacts to the drainage and will serve to ensure that drainage is transported in an orderly manner to the system, detention pond. No water features or wetlands are located at the current park site or within the proposed area. N o impact is anticipated with respect to hydrological Mitigation: None required. 9. LAND USE AND PLANNING. Would the project? a) Physically divide an established community? X b) Conflict with an applicable land use plan, policy,her en al tllan,of an spec ficgency plan, local jurisdiction over the project (including, but not limited to, t g , P inance) adopted for the purpose of avoiding or mitigating an coastal program, or zoning ord environmental effect? X C) Conflict with any applicable habitat conservation plan or natural community conservation plan? X Reser a. This proposal s ro osal will not physically divide an established community. The relocation the area of the parkland enhances access to the site by the public and residents proposed for subdivision. b. The proposal reduces the overall open space of this property of 3.3 acres, which en space will may be inconsistent with the NCSP. The reduction In the amo P proposed SR -1 zone. for the development of 3 additional dwellingsKeeferlSloughetbe proposal meet he However, by placing the 5 -acre park along Butte County Department of Development Services '0 Planning Division 22 • Project: General Plan Arnendment/RezonetTentative bdivision Map GPA/RSu (Stephen J. Schuster, Z 00-05: TSM 00 03, Pheasant Landing Subdivision Unit III ) Less Than Significant Less Potentially With Mitigation Than Significant Mitig Significant No ImpactIncorporated orporated Impact Impact NCSP goals and policies related to open Space and protection of Keefer Sloug To ensure the overall intent and goals of the NCSP are met with regard to 1) Protecting and enhancing the riparian area along Keefer Slough, amenities envisioned within the NCSP, Mitigation Measudres)I and 2Provid1area pork with The decision to modify the NCSP and reduce the amount proposed. this area by 3.3 acres is policy driven, and must be considered by the Plapace nning g Commission prior to recommending any action on the General Plan nnlnd Rezone to the Butte County Board of Supervisors. NCSP policies involvingAmendment and space and recreation facilities and Figure 6-3, Drainage Concept, Figure 5-1 Parks & Open Space must be either amended or the project's design must be conform to the NCSP as interpreted by the Plannin made to Supervisors. g Commission &Board of As a condition of the Tentative Subdivision Map, the applicant has extended an to dedicate 5 -acres of parkland along Keefer Slough to the Chico Area Recreation District (CARD). This dedication may have mitigating effects on the impact ation project to CARD. p of this This proposed General Plan Amendment and Rezone will make theproposed subdivision front on only one side of Guntren Road to allow unrestricted access to the proposed neighborhood park land. This design feature conforms to the NCSP-s provisions for circulation to public areas (NCSP Circulation Policy 3, Table 2-3). )� to NCSP Policy 7.4.1, all trails must be located outside of the 100 foot open space setback along Keefer Slough. Figure 4-2.0f the NCSP indicates that a path or trail is to be developed along Keefer Slough at this location. The proposed Park will not preclude development of trails or paths. CARD indicates that new location of the park under this General Plan Amendment and Rezone is desirable new because the trail or path can be integrated into the design of the park. Circulation Policy 6 of the NCSP indicates that such a trail or path located within subdivided lands shall be required to be designed and Improved by the developer fthe subdivision in accordance with the requirements of the NCSP and good fanning p of the engineering practice. Maintenance of these areas will be the responsibilit o f Z - and Service Area 87 y County The Airport Land Use Commission determined that the project was inconsist the Chico Municipal Airport Comprehensive Land Use Plan (CLUp Sent with Study Checklist Item 7 e. - f. for a complete discussion.) Mitigation Measee Initial e #7 Is Butte County Department of Development Services ❑ Planning Division ❑ 23 Project: General Plan Amendment'Rezone/Tentative Subdivision Map (Stephen J. Schuster, GPA(RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact proposed to address the conflict of this proposal with the Chico Municipal Airport CLUP. C. The property is not within a habitat conservation plan or natural community conservation plan. No impact shall be incurred. 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents or the state? X b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Response: a. - b. The property is not known to contain any important mineral resources of value to the region. No impact shall be incurred. Mitigation: None required. 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b) 'Exposure of persons to or generation of excessive ground borne vibration or groundborne noise levels: X c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X Butte County Department of Development Services 7 Planning Division 24 \J Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) • Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Response a. - f. Ambient noise on and around the project area is affected primarily byvehicle traffic on Garner Lane. Noise from Garner Lane is not expected to be significant due to light traffic volumes and the distance to the subdivision. The proposed project area conforms to the NCSP and, as indicated in Chapter 11 and Table 16-3 of the NCSP CEIR, development in this area may result in the exposure of some residents tonoise caused by overflying aircraft landing at or departing from the nearby Chico Municipal Airport. According to the NCSP CEIR, the project site is located outside of the 55 dB CNEL noise contour. Residential uses are compatible in areas that have a noise level less than 55 dB CNEL. Future dwelling units located on lots adjacent to major arterial may be subject to high levels of noise from vehicles on these roadways. The NCSP requires that all dwelling units adjacent to arterial roads have an interior noise level no greater than 45 dB CNEL. This requirement can normally be achieved through standard construction practices. The Airport Land Use Commission deemed the project inconsistent with the revised Comprehensive Land Use Plan for the Chico Municipal Airport. Mitigation Measure 97 is recommended to address significant impacts of the project 'on the Chico Municipal Airport. (See Initial Study Checklist Item 7 -Hazards, for further discussion). Butte County Department of Development Services D Planning Division L, 25 Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05: TSM 00-03, Pheasant Landing Subdivision Unit III ) 's Less Than ` Significant Less Potentially With Than Significant. Mitigation Significant No Impact Incorporated Impact Impact Construction activities on the site will temporarily generate high noise levels on and adjacent to the project site, during project development activities. This construction noise, especially grading equipment, may have a 'significant impact on nearby residents. Although this noise will be intermittent and short-term in nature, staff recommends a project mitigation measure to restrict construction activities to the hours of 8:00 am to 8:00 pm to ensure that construction noise does not become a nuisance to neighbors Mitigation Measure #8 To ensure that construction noise does not 'become a nuisance to neighbors, construction activities associated with subdivision development such as clearing, road building, grading, and infrastructure'development shall be limited to the hours of 8:00 am to 8:00 pm.' 12. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure? X b) Displace substantial- numbers of -existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Response: a. Butte County population has grown at a rate at or below all official population projections for the past 10 years. Projected population for 1990 was 195,000, while the actual census population was 1.82,000. The estimated population for January 1, 1999 was 201,600. The proposed General Plan Amendment and Rezone would result in a gain of approximately 3.3 acres of residential zoning (SR -1), which would allow for 3 Butte County Department of Development Services 0 Planning Division E. 26 ' I4 Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen J. Schuster. GPA/RZ 00-05; TSM 00-03 Pheasant Landing Subdivision Unit III) ;i Less Than • . . Significant Less Potentially With Than 1.• .. : Significant Mitigation Significant No Impact Incorporated Impact Impact i additional parcels., This is due to the loss of approximately 3.3 acres` of open space - zoning along Keefer.Slough, which will be'replaced by the proposed parkland, and t replacement of the previous parkland site with SR -1 zoning. The General Plan Amendment and Rezone will have the potential to add anestimated 8 people to Butte A f County (3 dwelling units x 2.6, persons/dwelling unit). This is not considered a. y significant amount and is consistent' ,with the estimated growth rate for the County of about 2% per year \ t; The proposed Subdivision Map Is not anticipated to Influence predicted growth levels in the County. The proposal is located within an area that is`planned for suburban residential growth as discussed in the NCSP and will not alter _the anticipated population in the area or significantly impact the housing market of the area. As r. indicated in .Table 16-3 of the NCSP EIR, there are _rio significant impacts to population and housing under the NCSP. b. - c. The project will not. displaceindividuals or housing. If the land is subdivided additional housing could be developed. No impact shall be incurred.. Mitigation: None required. ... 13. PUBLIC SERVICES. t a) Would the project result in substantial adverse, physical impacts associated with the provision of new or physically altered -governmental facilities, need for new or,physically . altered governmental facilities, the construction of which' could cause significant environmental impacts, in order to maintain acceptable service ratios, responsetimes, or other ,.. Y performance objectives for any of the public services? AI ` X { b). Fire protection? X c) Police Protection? '6 X - d) Schools? '►, i r X a _ e) Parks? ;' X e) Other public services? � ' , h X . - - .. 'Yid t • ;' . _Butte County Department of Development Services ❑Planning Division ti C ° 27 {� ' • Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen J. Schuster. GPA/RZ 00-05, TSM 00-03, Pheasant Landing Subdivision Unit III ) is Potentially Significant Impact Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact a. -d. Since the General Plan Amendment and Rezone project create only 3 additional parcels, no impact is anticipated in relation to these public service concerns. The proposed Subdivision Map conforms to the NCSP. The subdivision may result in a need for additional law enforcement, fire protection.services, increased demand for water supplies, an incremental contribution to the generation of solid waste in excess in excess of landfill capacity and increased need for new elementary, junior and senior high school facilities. Project elements incorporated into the NCSP reduce these impacts to less than significant impacts. C. The proposal will cause an incremental increase in demand for police protection services. The cumulative impacts of increased development in rural areas impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. As a condition of project approval, the applicant will be required to place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that "A development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article II of the Butte County Code, prior to issuance of building permits. The fee amount will be determined and calculated as of the date of application for the building permit." d. The proposal will result in an incremental demand for school facilities in the area. The applicant will be required to place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating: "A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount will be determined and calculated as of the date of application for the building permits." While the school district maintains that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees by the State Legislature. e. There will be no net loss of public parkland as a result of this General Plan Amendment and Rezone. However; approximately 3.3 acres of Open Space Zoning will be removed from the North Chico Specific Plan. Initial Study Checklist Item 4. -Biological Resources and 9. -Land Use and Planning further discusses the loss of Open Space zoning and its impact to Keefer Slough and policies of the NCSP. Establishment of a 100 foot no -development setback within the park, and inclusion Butte County Department of Development Services Planning Division o A Project: General Plan Amendment/RezonciTentative Subdivision Map (Stephen I Schuster, GPAIRZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III) a Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact of additional parkland in this area is recommended as project Mitigation Measures #1 and 2. f. No impact is anticipated to any other public services. , Mitigation Measure #9: Place a note on a separate document which is to be recorded concurrentlywith the map or on an additional map sheet stating that: "A development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article II of the Butte County Code, prior to issuance of building permits. The fee amount will be determined and calculated as of the date of application for the building permit." h . k 14. RECREATION. P ' a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Response: a. and b. The General Plan Amendment and Rezone's contribution of three additional parcels is not considered significant enough to warrant specific mitigation for area parks and recreation facilities. Although the General Plan Amendment and Rezone proposes to relocate the existing 5 -acre neighborhood park, the Chico Area Recreation District has been informed of the proposal and indicates that the new site for the park is more desirable as parkland than the previous site. The relocation may have adverse impacts on''the open space area along Keefer Slough. Mitigation Measures 91 and 2 are recommended to address this impact. - Butte County Department of Development Services ❑ 29 Planning Division" ❑ Project: General Plan Amendnient/Rezone/Tentative Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03; Pheasant Landing Subdivision Unit III) ' t Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact The proposed Tentative Subdivision Map conforms to the NCSP. There will be an increase in demand for park and recreational facilities and services in the area. Project elements. incorporated into the NCSP reduce.this impact to less than significant levels. As a condition of the Tentative -Subdivision Map, the applicant has. extended an offer to dedicate 5 -acres -of parkland along Keefer Slough to the Chico Area Recreation District (CARD). This dedication may have mitigating effects on' the impact of this project to' CARD. 15. TRANSPORTATION/TRAFFIC. Would the project: , a) Cause an increase'in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? X b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? X c) Result in a change in air traffic patters, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e) Result in inadequate emergency access? X f) Result in inadequate parking capacity? X g) Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X Butte County Department of Development Services .. ❑ Planning Division 30 Project: General Plan AmendmenvRezonelTentative Subdivision Map (Stephen J. Schuster, GPAIRZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response* a. - e. The General Plan Amendment and Rezone will generate 30 additional traffic trips/day based upon 10 vehicle trips/day for each of the three additional parcels allowed based upon the trip Generation Manual of the Institute of Traffic Engineers for a single family residential use. The nearest public road is Garner Road, which is a County Road. Internal access will be provided to the proposed subdivision by collector roads and a through road which will connect to the Keefer Creek Estates Subdivision to the east. This is consistent with the circulation requirements of the North ,Chico Specific Plan. i, The proposed Tentative Subdivision Map conforms to the NCSP. The proposal will result in an increase of daily trips and peak hour trips. Project elements incorporated into the NCSP reduce this impact to less than significant levels. The NCSP requires that bus turnouts and bus shelters be provided on the new arterial road.. The applicant may be required to install at least one bus turn -out and provide a bus shelter along the project frontage on Garner Lane. The location must be approved by the.Department of Public Works. In addition, the NCSP requires the installation of a 10 foot wide path for pedestrian, horseback or bicycle use, along the new collector;' road (Guntren Lane), and adjacent to Keefer Slough. The footpath may be earth or gravel but must be well enough drained to be passable during wet weather. The path must be located clear of the 100 foot no development setback along Keefer Slough. ,Additionally, a Class II bike lane is required along Garner Lane. These requirements will be conditions of the Tentative Subdivision' Map. f. The proposed parkland may have to be enlarged to allow for adequate parking, clear of .the 100 foot setback required along Keefer Slough. Mitigation':rMeasure 92 is recommended to enlarge the park, if necessary, to a size that is acceptable for the anticipated uses as determined by the Chico Area Recreation District. g. The proposed General Plan Amendment and Rezone will not conflict with accepted policies, plans or programs supporting alternative transportation. The proposed park will allow for the construction of the path and trail proposed for this area by the NCSP. Mitigation: See Mitigation Measure #2 regarding Item f above. ul Butte County Department of Development Services Planning Division, 31 • Project: General Plan Amendment/Rezonelrentative"Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) Less Than Significant Less Potentially With Than Significant Mitigation Significant . No Impact Incorporated Impact Impact 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the ' construction of which could cause significant environmental effects? X c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X f) • Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X g) Comply with federal, state, and local -statutes and regulations related to solid waste? X Response: a. - e. The project shall utilize' a community sewage disposal system which will collect sewage from individual septic tanks. Waste. Discharge Requirements will be required from the* Regional Board prior to Final Map recording. The Waste Discharge Requirements will require the sewage system to operate within limits imposed by the Butte County Department of,Development Services ❑ Planning Division 32 0 Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Regional Board. Water supply to the individual parcels will be provided by on-site domestic wells. No additional water service is required. NCSP Figure 5-3 must be amended if this project is approved. This Figure shows the current location of the 5 -acre park as a detention area, which is necessary to mitigate a 10 year, 24 hour post development run-off. The new location can serve the same purpose, but relocating the detention area on Figure 5-3 is a policy can, because it is a modification of the NCSP. This decision must be made by the Butte County Board of Supervisors. f. The project will increase the stream of waste being deposited in the Neal Road Landfill by a small amount, when the property is subdivided. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. The project will not have an impact on solid waste disposal. g. No impact shall be incurred to federal, state, and local statutes and regulations related to solid waste. Mitigation: None required. 17. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X Butte County Department of Development Services ❑ Planning Division ❑ 33 Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen J. Schuster. GPA/RZ 00-05; TSM 00-03. Pheasant Landing Subdivision Unit III ) Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Does the project have environmental effects which will cause substantial adverse: effects on human beings, either directly or indirectly? The proposed General Plan Amendment and Rezone is an alteration to'the North Chico Specific Plan. Consideration of this proposal will ultimately involve a policy. decision by the Butte County Board of Supervisors. The proposal to alter the Specific Plan by relocating a 5 -acre park, elimination of 3.3 acres of Open Space, and allowance of 3 additional parcels within the SR -1 zone may have impacts that are individually limited, but cumulatively considerable. In addition, the Tentative Subdivision Map may have impacts that are individually limited but cumulatively considerable. Mitigation Measures #1 - 9 as listed under Item V. -Mitigation Measures and Monitoring Requirements, are recommended to address specific significant impacts to Initial Study Checklist items involving aesthetics, biological resources, hazards, public services, noise, recreation, air quality, geology/soils, land use planning and traffic. Butte County Department of Development Services 0 Planning Division - 34 • f Project: General Plan Amendment/Rezone/Tentative Subdivision Map t Ct (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III) r V. MITIGATION MEASURES AND MONITORING REQUIREMENTS:' 0 Mitigation Measure #1 At the time of conveyance of any deed dedicating or transferring the property zoned P-Q (Public Quasi-Public) to a public entity, a-100 foot no-development.setback easement shall be executed, which shall prohibit any development activities within a 100 foot linear area measure&from the top of the bank of Keefer Slough. -'This no-development setback is necessary to allows for the establishment of riparian vegetation along Keefer Slough, in accordance with policies of the North Chico Specific Plan. The no-development setback shall not prohibit conservation efforts intended to benefit the establishment of riparian habitat or grasses along Keefer Slough provided it is approved by the California Department of Fish & Game. f; , Mitigation Measure #2 The current proposal removes approximately 3.3 acres of Open Space zoning from the'North'Chico Specific Plan. This Open Space zone is intended to protect the natural resources and promote - growth of riparian vegetation along Keefer Slough. In order to allow for parkland development and to provide for the necessary 100 foot no-development setback as described under Mitigation Measure #1, additional parkland will be necessary along Keefer Slough. This area should be of a sufficient size i to allow for the development of the park with recreational uses in accordance with the,NCSP's intentions for-this neighborhood park, while remaining clear of the 100 foot no-development setback with park development. The size of this additional parkland area shall be determined'by.the Chico Area Recreation District. s� Mitigation Measure #3 1. , • A. Measures shall be taken to control fugitive dust emissions from all road, `driveway and other civil construction associated with residential development. Measures may include site and road watering and/or use of other acceptable soil palliatives. Questions regarding fugitive dust control may be directed to the Butte County Air Quality Management District at phone number (530) 891-2882. Prior to recordation of the Final Map, s>ilbmit an improvement plan with respect to fugitive dust and air pollution to the Butte County Air Quality Management District for review and determination of adequacy. Said plan shall include measures to control fugitive dust emissions from all road, driveway and other civil construction associated with, residential development, including the construction of dwelling units. Measures determined to beacceptable by the Air- Quality Management District shall be implemented during all development activities on the site. A copy of the approved plan shall be submitted to the Public • Works Department and Department of Development Services, Building Division, prior to recordation,of tt e Subdivision Map. Butte County Department of Development Services ❑ Planning Division 35 Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) B. Place a note on the owner's statement, the deed, or any other instrument to be recorded that states: "Measures shall be taken to control fugitive dust emissions from all driveway and other civil' construction associated with residential development. Approved dust control measures are found in the fugitive dust contol plan for the site approved by the Butte County Air Quality Management District, a copy of which can be obtained from the Butte County. Department of Development Services, Building Division." Mitigation Measure #4 At the time of conveyance'of any deed dedicating or transferring the property zoned P -Q (Public Quasi -Public) to a public entity, a 100 foot no -development setback easement shall be executed; which shall prohibit any development activities within a 100 foot linear area measured from the top of the bank of Keefer Slough. This no -development setback is necessary to allow for the establishment -of riparian vegetation along Keefer Slough, in accordance with policies of the North Chico Specific Plan. .The' no -development setback shall not prohibit conservation efforts intended to benefit the establishment of riparian habitat or grasses along Keefer Slough provided it is approved by the California Department of Fish & Game. Mitigation Measure #5 In accordance with North Chico Specific Plan Policy 7.4-3, pre -construction surveys shall be conducted by a qualified professional along Keefer Slough and vicinity to determine if nestingibreeding activities of the black -shouldered kite are occurring. Any portion of the subject property that lies within 300 feet of an active nest shall be surrounded by an orange fence during construction activities. Any construction activities planned for areas that are within 300 feet of any active nest shall be delayed until after the young have been fledged. The survey shall take place prior to Subdivision Map recording. The survey and all findings shall be provided to the Planning Division. The Planning Division shall ensure that compliance with any. limitations on construction activities in the vicinity of any identified kite nests. Mitigation Measure #6: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Prior to site development all foundations shall be designed_ by a registered Civil Engineer or licensed - architect." Butte County Department of Development Services :L-; Planning Division 36 Project: General Plan AmendnlenuRezone,Tentative Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) Mitigation Measure #7 In order to address the significant impact of this project on the Comprehensive Land Use Plan (CLUP) of the Chico Municipal Airport,. perform one of the following two options: Amend the project to conform to ALUC's recommendations as follows: A. The lot design shall be amended to show no single family residential building sites within either the Overflight Protection Zone A or B. No residential lot for a single family dwelling shall be less than 2.5 acres in gross size. B. A condition shall be required ori any future Final Map stating that prior ;to the issuance of a Building Permit 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. Overriding findings regarding ALUC's decision finding this project inconsistent with the Chico Municipal Airport CLUP must be considered by the Board of Supervisors for this General Plan Amendment/Rezone, and the concurrently submitted Subdivision Map, in accordance with the process outlined within Chapter 5 of the Airport Land Use Planning Handbook, prepared for CalTrans Division of Aeronautics, December, 199'). If overriding findings cannot be supported by the Board of Supervisors for this project, it cannot be approved. Mitigation Measure #8 To ensure that construction noise does not become a nuisance to neighbors, construction activities associated with subdivision development such as clearing, road building, grading, and infrastructure development shall be limited to the hours of 8:00 am to 8:00 pm. Mitigation Measure #9: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "A development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article II of the Butte County Code, prior to issuance of building permits. The fee amount will.be determined and calculated as of the date of application for the building permit." 1:! Butte County Department of Development Services 0 Planning Division! 0 37 Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen J. Schuster. GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) DATA SHEET A. Project Description 1. Type of Project: General Plan Amendment to North Chico Specific Plan and Rezone 2. Proposed Density of Development: 1 -acre parcels and 5 -acre park site. 3. Amount of Impervious Surfacing: Minimal 4. Access and Nearest Public Road: Garner Lane and internal collector roads proposed under future subdivision. 5. Method of Sewage Disposal: On-site sewage proposed for future residential subdivision. No sewer service available. 6. Source of Water Supply: Individual domestic wells. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: The land maybe divided further as allowed under the SR -1 zone. A total of 3 additional parcels would be allowed under this General Plan Amendment and Rezone. B. Environmental Setting 1. Terrain a General Topographic Character: Level. b. Slopes: Level. e C. Elevation: Approximately 195 to 203 feet above sea level. d. Limiting Factors: None. 2. Soils a. Types and Characteristics: Vina farwell, according to NCSP CEIR. b. Limiting Factors: Not considered prime agricultural land due to low permeability of substrate and rockiness. 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake IntensityZone VIII. b. Erosion Potential: Slight. C. Landslide Potential: Low ' d. Fire Hazard: Low. e. Expansive Soil Potential: Moderate - High 4. Hydrology a. Surface Water: None. Keefer Slough is adjacent along the south margin of the project. b. Ground Water: Unknown, potentially limited. Abundant valley aquifers. C. Drainage Characteristics: Trending southwest. d. Annual Rainfall (normal): 22 -inches per year. e. Limiting Factors: None. 5. Visual/Scenic Quality: Good. Butte County Department of Development Services r` Planning Division 38 Project: General Plan Aniendment/Rezone/rentative Subdivision Map (Stephen J. Schuster, GPA/RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) 6. Acoustic Quality: Good. 7. Air Quality: Good, except when stagnant air conditions persist in the' valley. 8. Vegetation: Noxious weeds, several small valley oaks. 9. Wildlife Habitat: Small birds and animals common to valley grasslands. 10. Archaeological and Historical Resources in. the area: High Sensitivity area. 11. Butte County General Plan designation: Agricultural Residential and Public 12. Existing Zoning: SR -1 (Suburban Residential, 1 -acre parcels) and P -Q (Public Quasi - Public). 13. Existing Land Use on-site: Undeveloped 14. Surrounding Area: a. Land Uses: Residential b. Zoning: SR -1 C. Gen. Plan Designation: Agricultural Residential d. Parcel Sizes: 1 acres to 33.87 acres. 15. Character of Site and Area: Residential and undeveloped agricultural;; land. 16. Nearest Urban Area: City of Chico 17. Relevant Spheres of Influence: None.. 18. Improvement Standards Urban Area: N/A 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station number #41 approximately 1.5 miles away. b. Water Availability: Fire tankers only. 20. Schools: Chico Unified School District. ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2. Seismic Safety Element, Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Mao 111-1. Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2 Safety Element Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV -1 Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1 Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4. Safety Element. Oroville, CA: CH2M Hill, 1977. Butte County Department of Development Services _ Planning Division { 39 Project: General Plan Amendment/Rezone/Tentative Subdivision Map (Stephen I Schuster, GPA(RZ 00-05; TSM 00-03, Pheasant Landing Subdivision Unit III ) 9.- Butte County Planning Department: Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate StudX M4, Nitrate Concentration in Shallow Wells. The Resources Agency, State of. California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Mad- established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps, Federal Emergency Management Agency. 1989. s` 14. USGS Quad Maps. 15. Soil Map, Chico ,1925 /Oroville (1926) Area. United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville (Ik6) Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Mao, Butte County Fire Department and California Department"of Forestry, 1989. 18. North Chico Specific Plan and Certified Environmental Im acp t Re ort Butte County, CA. K:\PROJECTS\GPA\SSCHUS—I.GPA\MTIAL3.WPD - ' Butte County Department of Development Services 0 Planning Division 40 w SENSITIVE PLANT SURVEY Property of Steve Schuster, located east of Garner Lane, between the Keefer Slough -bridge and Green Meadow Lane,_ North Chico, Butte County,. California Prepared 6: • �1r 'fQ,�-ft Kingsley R. Stern, Ph.D. Field Botany Consultant 1 Spinnaker Way Chico, CA 95926 (530)343-0056 For: , Steve Schuster i -3406 Keefer Road Chico, CA 95973 April 7, 2000 1 SURVEY FOR VASCULAR PLANT TAXA LISTED AS SENSITIVE; BY FEDERAL, STATE, OR LOCAL AGENCIES Conducted April 7, 2000, on approximately 50 acres of property located in the NE K of Section 32 & SE V4 of Section 29, T23N RIE, (AP 63-29-57), adjacent to and east of Garner Lane between the Keefer Slough Bridge and Green Meadow Lane, North Chico, Butte County, California 1. A. Habitat. The project site is located in what was originally Valley Grassland habitat; the site is also presently relatively flat. It appears in the past to have been an almond orchard or otherwise subjected to agricultural development. The fields appear to have been fallow for at least the past year or two. The present flora consists primarily of introduced weeds and grasses, with several smaller almond and valley oak trees. Little of the original Valley Grassland flora remains; a few native species have, however, become reestablished. There are no roads or other improvements (other than a few irrigation pipes) on the property, which is fenced along the perimeter. Access to the property is primarily from Garner Lane, between the Keefer Slough bridge and Green Meadow Lane, but is also accessible from perimeter roads to the north and east of the site. Valley Grassland -` Valley Grassland habitats are characterized by the predominance of annuals whose seeds germinate during the winter rains, the plants completing their life cycles by the onset of summer. In addition, there are usually a few mostly bulbous perennials that develop more slowly and tend to flower later. At this particular site there are four small valley oaks present, three being located toward the center of Parcel 15, and one toward the central border between Parcels 13 and 14. A number of relatively small (but mature) almond trees are scattered throughout the area, but the preponderance of vegetation consists of introduced or naturalized grasses and weeds. On the date of the field survey, the following identifiable vascular plant species (besides the almonds and oaks) were observed: American vetch, medusa head grass, bicolored, lupine, soft chess, wild oats, rose clover, annual rye, yellow star thistle, bindweed, curly dock, Mediterranean barley, wall barley, shepherd's purse, black mustard, spring vetch, common fiddleneck, ripgut grass, Ithuriel's spear, old man of spring, sky lupine, red -stemmed filaree, California poppy, willowherb, prickly sow thistle, prickly lettuce, giraffe heads, sticky mouse -eared chickweed, tidy tips, cutleaf geranium, many -flowered brodiaea, moth mullein, blue dicks, showy milkweed, and rough corn bedstraw. t�Fa.1t,�n{,111.i< L'y YtSx4� �,��a�u: iY:�rzifsrd'F ' ti B. Sensitive Species The fifth edition of the Inventory of Rare and Endangered Vascular Plants of California, published by the California Native Plant Society in 1993, lists' for Butte County some 71 taxa that are considered sensitive to varying degrees. A number of the taxa are also on, or candidates for, federal and state lists of such,plants, and several candidate plants have been added since publication of the Inventory. ' Several species on federal and state lists of sensitive`or rare and endangered vascular plants have previously been reported from areas within a few miles of the project site. Many, however, are associated with special habitats such as vernal pools, which are not present at this location. Among the sensitive species that potentially could occur at this site are both the rare Butte County meadowfoam (Limnanthes floccosa ssp. californica) and woolly meadowfoam (Limnanthes floccosa ssp. floccosa). The site also contains habitat suitable for blue elderberry (Sambucus mexicana). While. blue elderberry plants are not sensitive or endangered at this time they are accorded special status because they. are host plants for a rare and endangered beetle. C. Methods The field survey was undertaken systematically on foot on a date when the sensitive or special status taxa mentioned should have been readily identifiable. The entire project site was checked along meandering transects throughout the site. All microhabitats potentially supporting any listed taxa were searched, and some samples were taken for additional scrutiny with a microscope. A checklist of the plants present was prepared. D. Mitigations No evidence of the current or recent past presence of listed or special status plants was observed, and they are presumed not to occur on the site at this time; mitigations for such.plants do not appear, therefore, to be required. Most counties require replacement of any native oaks that are removed during development. Accordingly, any oaks that are removed should be replaced in like kind (i.e., in this instance with valley oaks [Quercus lobata]) and planted elsewhere'on the site—with at least a fifteen foot interval between them --on a two for one basis after development. Some means of keeping potential developmental runoff (e.g., water from fertilized lawns and plant pesticide residues) from entering Keefer Slough at the south margin of the site should be provided. CHECKLIST OF VASCULAR PLANTS THAT WERE IDENTIFIABLE ON THE DATE OF THE FIELD SURVEY SCIENTIFIC NAME Amsinckia menziesii var. intermedia Asclepias speciosa Avena fatua Brassica nigra Bromus &wz& us Bromus hordeaceus Capsella bursa pastoris Centaurea solstitialis Cerastium glomeratum Convolvulus arvensis Dichelostemma capitatum Dichelostemma multi, f forum Epilobium brachycwpum Erodium cicutarium Galium bicornutum Geranium dissectum Hordeum marinum ssp. gussoneanum Hordeum murinum ssp.leporinum Lactuca serriola Lamium amplexicaule Lolium multiflorum Lupinus bicolor Lupinus nanus Prunus dulcis Quercus lobata COMMON NAME Common fiddleneck Showy milkweed Wild oats Black mustard Ripgut grass Soft chess Shepherd's purse Yellow star thistle Sticky mouse -eared chickweed Bindweed Blue dicks Many -flowered brodiaea Tall willowherb Red -stemmed filaree Rough corn bedstraw Cutleaf geranium Mediterranean barley Wall hare barley Prickly lettuce Giraffe heads Annual rye Bicolored lupine Sky lupine Almond Valley oak I SCIENTIIH'IC NAME , _ :: COMMON NAME Rumex crispus Curly. dock Senecio vulgaris Old man of spring Sonchus asper Prickly sow thistle Taeniatherum caput-medusae Medusa-head grass Trifolium hirtum 4 Rose clover Triteleia laza Ithuriel's spear Verbascum blattaria Moth mullein Vicia americana American vetch Vida sativa r Spring vetch f Kingsley R Stern 1 Spinnaker Way Chico, CA 95926 April 7, 2000 >( I N V O I C E f Consulting fee associated with the survey for sensitive plants, conducted . U March 24, 2000, on property owned by Steve Schuster, east of and adjacent to Garner Lane, between the Keefer Slough bridge and Green Meadow j Lane, North Chico, Butte County, California ....................... 6 hours @ $50 per hour................................... $300.00- ,i i I Kingsl R. tern .i • EXHIBIT A 11 01-_71� ALUC File No A00-07 for Steve Schuster- Amendment to the North Chico Specific Plan and Tentative Subdivision Man APN 047-350-013 014 and 015 The Airport Land Use Commission has prepared the following findings based on data contained within the 1978 Comprehensive Larid Use Plan (CLUP) for the Chico Municipal Airport, as amended on October 21, 1998, and December 29, 1999, the 1993 Airport Land Use Planning Handbook, and the Butte County Airport Facilities Manual. These data are based on the findings of a number of studies, documents, and reports generated by individuals, firms, and agencies recognized as having expertise in the field of Airport Land Use Planning and land use compatibility (refer to Exhibit B, List of References). 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 proposed project is inconsistent with the 1978 Comprehensive Land Use Plan (CLUP) for the Chico Municipal Airport, as amended on October 21, 1998, and December 29, .1999, as follows: A portion of the proposed project is located in Overflight Protection Zone A. This area is subject to frequent low altitude overflight activity. No new residential uses are permitted within this zone. The proposed project shows one parcel and the majority of two other parcels, planned for single-family residential use, in this zone. 2. A portion of the proposed project is located in Overflight Protection Zone B.' This area is subject to less intensive overflight activity. No new single-family development is allowed, but multi -family uses may be permitted in this zone. The proposed project shows three parcels and the majority of four other parcels, planned for single-family residential use, in this zone. The balance of the proposed development is in Safety Zone 6 (Traffic Pattern Zone). This area permits residential development at a density not to exceed 1 dwelling unit per 2.5 acres. Inconsistent with that, the proposed project shows residential lots ranging from 1.0 to 1.3 acres in size within this zone. • Butte County • Airport Land Use Commission 0 B.. Approval 'of,the project as* proposed would necessitate the adoption of Overriding Findings by a 2/3 vote'of the governing body. Overriding Findings by the governing body can only be made based on substantiated facts and must be supported by new substantial factual evidence introduced into the Ic public record that the proposed action is consistent with.the State Aeronautics . Act as stated`in Section 21670. Overriding Findings cannot be adopted as matters of opinion, heresay, or upon_ the unsubstantiated fears and desires of the governing body. SECTION 3: PROJECT REQUIREMENTS FOR CONSISTENCY - If the applicant wishes to revise the development proposal to conform with the requirements of the.4978 Comprehensive Land Use Plan (CLUP) for the Chico Municipal Airport, as amended on October 21, 1998, and December -19, 1999, the following conditions: shall apply: L The lot design shall be amended to show no single family residential building sites within either Overflight Protection Zone A or B. No residential lot for a single family dwelling shall be less than 2.5 acres in gross size. fir. ' 2. A condition shall be required on the Final Map stating that prior to the issuance of a Building Permit 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. SECTION 4: ADDITIONAL FINDINGS • '4 A. t Airspace Protection f� The Commission finds that due to the topography of the project, there are no transitional surface problems. The subject property is located�slightly below the airport surface with approximately 188 feet between the ground level and the horizontal surface. Approach surfaces would not be a# cted due to topography or future development. { 1. A condition should be included on the Final Map st ting that any project -related lighting shall be directed within the project site and shielded to prevent adverse impacts on adjacent properties and aircraft flight activities. A _ • Butte County • Airport Land Use Commission •t . t 5 Y i �r 2. A condition should be included as part of the proposed 'rezone or future parcel map stating that uses which have the potential to create visual, electronic, or physical flight hazards including the generation. of dust, smoke, glare, electronic interference, or the attraction of birds to the project area shall be avoided. B. Safety . Accident scatter information adopted as part of the October 21, 1998, Chico Municipal Airport CLUP Amendment, Exhibit D (Hodges and Shutt '1993 and UC Berkeley, Institute of Transportation Studies - 1993) indicates that the highest concentration of both ' departure- and arrival-related aircraft accidents takes place within the Runway Protection Zone and Approach Surface off the ends of the runway and on either side of the runway. Due to the project site's location away from these runway areas, no special conditions are necessary, for safety purposes provided that the recommended residential density is adhered to. MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Reviewing Agencies and Departments. From: Daniel C-. Breedon,` Senior Planne nn Subject: Revised proposal, for Stephen J. Schuster, Tentative Subdivision Map 00-03 Pheasant Landing III Date: June 26, 2000 X. c The Planning Division is providing a -revised map regarding this proposal, which may have already been reviewed by your department: The North Chico Specific Plan(NCSP) indicates that a 5 acre park site is located on the subject. property. The applicant's project did not originally account for this site. The applicant desires to relocate the park, which is designated as "'Public" by the General Plan and as P -Q (Public -Quasi Public) by the County Zoning Ordinance.. The applicant has redesigned the subject Tentative Parcel Map to account for the park, and its relocation. A General Plan Amendment and Rezone has been submitted by the applicant, which will also be sent to your department for review. The revised project description for this project is as follows: Tentative Subdivision Map proposing twenty-nine, 1 (+/-) acre residential, parcels, one, 1.1 acre parcel(Lot."A") for community sewage disposal, one, 5 (+/-) acre parcel (Lot "C") for future neighborhood park use, and one, 5 (+/-) acre parcel (Lot "B") for riparian buffer, bike trail and storm water retention area. The project will be provided with water service by individual domestic wells. Roads shall be dedicated for public use. The property is 43,83 acres in size, and is zoned SR -1. (Suburban Residential, 1 -acre parcels) and P=Q (Public -Quasi Public), with a General Plan designation of Agricultural Residential and Public. A General Plan Amendment and Rezone (GPA/RZ 00-05) has been submitted concurrently, to move the current park area as shown on the North Chico Specific Plan, from the northwest corner of the property'to the southwest corner. If your department has any further comments, please notify me at the below address prior to July 12, 2000. Thank you for your attention to this matter. Daniel C. Breedon, Senior Planner: Butte County Department of Development Services - Planning Division 7 County Center Drive Oroville, CA 95965 BUTTE COUNTY AIRPORT LAND USE COMMISSION.. Minutes of May 17, 2000 3. ALUC File No. A00-02 Consistency findings for Steve Schuster - Tentative Subdivision Map, APN 047-350-013, 014 and 015. Mr. Sanders presented the report and recommendations prepared for the project. Commissioner Wallrich pointed out that the Recommendation on page two of staff s report should reflect Steve Schuster's Tentative Subdivision Map, ALUC File No. A00- 02 and not Bellin Trust et. al. Commissioner Gerst recommended that'in Zone 6' should be added to the last line of Section 3, 1. Chair Rosene opened the hearing to the public. Steve Schuster, potential developer of the project, said the Commission's adoption of the. December,1999 Policy trashes the property rights in the area: It also devalues the property by approximately 250%. He said he would appeal ALUC's decision to the Board of Supervisors. He said the Commission had thrown out.the density of the North Chico Specific Plan. He said he would actively seek restitution for the property; along with others who live and own property on the street. Chair Rosene asked Mr. Schuster how the property has been devalued by 250%? Mr. Schuster replied that the current County zoning is one dwelling unit per acre. If it is set at 2.5 dwelling units per acre, a considerable amount of property is lost for development. ALUC is making the land virtually undevelopable: Developing the land at 2.5 dwelling units per acre is too expensive. Commissioner Lambert asked why Mr. Schuster requested developing only 34 parcels when he could have developed all 48 acres? Mr. Schuster answered that the North Chico Specific Plan requires that buffer zones are left in place. The buffer zones eat up about 8 acres. Also, the way the lots lay out, it is not always possible to get one unit per acre and leave enough space between houses. His first idea was to apply clustering to get 48 lots, but he was told that ALUC had eliminated clustering within the airport zone. The ALUC has eliminated everything in the area that makes it worth developing. There were no further public comments and the hearing was closed to the public. Chair Rosene said the Commission was charged with protecting the airports. He said the major reason that the United States is losing so many airports is because of residential encroachment. It was moved by Commissioner Lambert, seconded by Commissioner Gerst, and carried to deny the'project, based on the inconsistencies and the lack of findings that would comply with the 1978 Comprehensive Land Use Plan (CLUP) for the Chico Municipal Airport, as amended on October 21, 1998, and December 29, 1999, for ALUC File No. 00-02 Consistency Finding for Steve Schuster - Tentative Subdivision Map, APN 047- 350-013, 014 and 015. Chair Rosene asked if Mr. Schuster decides to redesign his plan to meet the 2.5 acre criteria, would it come back before ALUC? Mr. Sanders said given the current state of affairs with the General Plan and the inconsistency with the ALUC, all projects would come back. ■ Airport'Land Use Commission ■ Minutes of May 17, 2000 ■ Page 2 ■ - SVD AGENDA ITEM - G.3. TO: Honorable Chair and Airport Land Use. Commission FROM: ALUC Staff DATE: May 10, 2000 ITEM: ALUC File No. A00-02 Consistency Finding for Steve Schuster - Tentative Subdivision Map, APN 047-350-013, 014, and 015: A tentative subdivision map application to create 34 parcels on approximately 48.5 acres. The parcels range in size from 1.0 to 1.3 acres with an approximately 8 -acre riparian buffer zone on the south side of the development. The property is located on the east side of Garner Lane, immediately north of Keefer Slough; northwest of the Chico Municipal Airport. FOR: Airport Land Use Commission Meeting of May.17, 2000 SUMMARY: StaffrecommendsAL UCfind the project inconsistent with the 1978 Chico Municipal Airport, CL UP as amended on October 21, 1998, and December 29, 1999. ANALYSIS: The project site is located northwest of the airport on the east side of Garner Lane, immediately north of Keefer Slough. The property is in the.County's jurisdiction and is within the North Chico Specific Plan. Current zoning for the site is SR -1 (Suburban Residential -1 acre minimum parcel size). Allowable uses are one single family dwelling per parcel and accessory agricultural uses: Maximum building height and building coverage restrictions are 35 feet and 15% of the lot'area, respectively. According to the 1999 Chico Airport Land Use Plan amendment, Safety Zone Map "6-1," the proj ect site is partially located in Overflight Protection Zone A/Overflight Protection Zone B and totally situated within Safety Zone 6 -Traffic Pattern Zone (refer to Exhibit Q. Overflight Zone A prohibits new residential uses. Overflight Protection Zone B prohibits new single family residential uses but allows multi -family residential development. Safety Zone 6 allows residential development at a density not to exceed one dwelling unit per 2.5 acres. As proposed, Lots 16, 17, and 27 are in Overflight Protection Zone A and cannot be developed with any type of residential uses. Lots 28 through 33 and a portion of Lot 34 are in Overflight Protection Zone B where the development of new single family dwellings are prohibited. The remainder of the property, approximately 28 acres, may be developed with a 2.5 acre minimum parcel size. Taking into account all of the CLUP provisions, the development potential for the site is approximate) 1 I parcels of 2.5 acres or larger. All lots must be located in Traffic Pattern Zone 6. Development in this zone is subject to the following criteria: • Butte County • Airport Land Use Commission • I . The intensity of use shall not be greater than 100 people per.acre. 2. Caretaker residences are compatible uses within all CNEL ranges provided that they are ancillary to the primary use of the property. Interior noise levels shall not exceed 45 dB. CNEL. 3. Measures to achieve an interior noise level of 45 dB CNEL must be incorporated into the design and construction of portions of buildings where the public is received, office areas, and other areas where people work or congregate. 4. Communication towers are prohibited. 5. Churches, nursing care -facilities, hospitals, colleges and universities, elementary and secondary, schools, child care facilities, and similar aggregations of people are prohibited. 6.. No bulk petroleum products (except airport related); flammables or explosives, or chemical storage above ground is permitted.( The above conditons are not applicable to the proposed project for single family residential uses. Airspace Protection and Safety The topography of the site is generally level. The site elevation is approximately 200 feet above sea level. The project site is located under the horizontal surface which has an elevation of 388 feet above sea -level. With approximately 188 feet between the ground and horizontal surface, and a 35 - foot maximum building height imposed by the zoning, no conflicts are expected. The execution of an avigation easement is recommended to protect future airport operations. The 1978 CLUP for the Chico Municipal Airport, as amended on October 21, 1998, contains diagrams which depict the locations of potential aircraft -related accidents for the facility based on general. accident scatter information presented within the 1993 Airport Land Use Planning Handbook (refer to Exhibit D - CIC -17). The highest concentration of both departure- and arrival - related aircraft accidents takes place within the Runway Protection Zone and Approach Surface. Due to the project site's location in an overflight zone, approximately 6,000 feet away from the northerly end of runway 13L, the risk of aircraft -related accidents is not considered significant for the residential density recommended in the CLUP. Environmental Documentation No environmental. documentation has yet been prepared for this project. RECOMMENDATION: Staff recommends that the Butte County Airport Land Use Commission find that ALUC File No. A00- - oposedgo ' Plan, "' admga Rezone, S ico) is inconsistent with the 1978 V"'�s, • Butte County • Airport Land Use Commission • 2 t r Comprehensive Land Use Plan (CLUP) for the Chico Municipal Airport, as amended on October 21, 1998, and December 29; 1999. If a residential `subdivision is to go forward on this property,'it is recommended that the project be re -designed in accordance with the conditions listed in Exhibit "Alf. Exhibits: A: Findings B: List of References C: Tentative Subdivision Map with airport safety zone boundaries D: Project Location illustrated on Chico Municipal Airport -Airport Environs PlanMap and 1999 CLUP Density Criteria 9 \ t K: \ALUC\M EETQVGS\2000\05-17-00. h1TG\H2. RPT • Butte County • Airport Land Use Commission • 3 • EXHIBIT A BUTTE COUNTY AIRPORT LAND USE COMMISSION CONSISTENCY FINDINGS FOR: ALUC File No. A00-02 for Steve Schuster - Tentative Subdivision Map, APN 047-350-013 014; and 015 The AirportLand Use Commission has prepared the following findings based on data contained within the 1978 Comprehensive Land Use Plan '(CLUP) for the Chico Municipal Airport, as amended on October 21; 1998, and December 29, 1999, the 1993 •Airport Land Use Planning Handbook, and the Butte County Airport Facilities Manual. These data are based on the findings of a number of studies, documents, and reports generated by individuals, firms, and agencies recognized as having expertise in the field of Airport Land Use Planning and land use compatibility (refer to Exhibit B, List of References). 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 proposed project is inconsistent with the 1978 Comprehensive Land Use Plan (CLUP) for the Chico Municipal Airport, as amended on October 21, 1998, and December 29, 1999, as follows: A portion of the proposed project is located in Overflight Protection Zone A. This area is subject to frequent low altitude overflight activity. No new residential uses are permitted within this zone. The proposed project shows one parcel and the majority of two other parcels, planned for single family residential use, in this zone. 2. A portion of the proposed project is located in Overflight Protection Zone B. This area is subject to less intensive overflight activity. No new single family development is allowed, but multi -family uses may be permitted in this zone. The proposed project shows three parcels and the majority of four other parcels, planned for single family residential use, in this zone. 3. The balance of the proposed development is in Safety Zone 6 (Traffic Pattern Zone). This area permits residential development at a density not to exceed 1 dwelling unit per 2.5 acres. Inconsistent with that, the • Butte County • Airport Land Use Commission • 4 proposed project shows residential lots ranging from 1.0 to 1.3 acres in size w' iihin this zone. B. Approval of the project as proposed would necessitate the adoption of Overriding Findings by a 2/3 vote of the governing body. Overriding Findings by the governing body can only be made based on substantiated facts and must be supported by new substantial factual evidence introduced into the public record that the proposed action is consistent with the State Aeronautics Act as stated in Section 21670. Overriding Findings cannot be adopted as matters of opinion, heresay, or upon the unsubstantiated fears and desires of the governing body. SECTION 3: PROJECT REQUIREMENTS FOR CONSISTENCY If the applicant wishes to revise the development proposal to conform to the z requirements of the 1978 Comprehensive Land Use Plan (CLUP) for the Chico Municipal Airport, as amended on October 21, 1998, and December 29, 1999, the following conditions shall apply: The lot design shall be amended to show no single family residential building sites within either. Overflight Protection Zone A or B. No residential lot for a single family dwelling shall be less than 2.5 acres in gross size. 14 Zjv"_,, 2. A condition shall be required on the Final Map stating that prior to the issuance of a Building Permit 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. SECTION 4: ADDITIONAL FINDINGS A. Airspace Protection The Commission finds that due to the topography of the project, there are no transitional surface problems. The subject property is located slightly below the airport surface and there is approximately 188 feet between the ground level and the horizontal surface. Approach surfaces would not be affected due to topography or future development. 1. A condition should be -included on the Final Map stating that any project -related lighting shall be directed within the project site and shielded to prevent. adverse impacts on adjacent properties and aircraft flight activities. • Butte County • Airport Land Use Commission • 5 2. A condition should be included as part of the proposed rezone or future parcel map stating that uses which have the potential to cieate visual, electronic, or physical flight hazards including the generation of dust, smoke, glare, electronic interference, or the attraction of birds to the project area shall be avoided. ` B. Safe Accident scatter information adopted as part of the October 21, 1998, Chico Municipal Airport CLUP Amendment, Exhibit D (Hodges and Shutt -1993 and UC Berkeley, Institute'of Transportation Studies = 1,993) indicates that the highest concentration of both departure and arrival-related aircraft accidentstakes place within the Runway Protection Zone and Approach Surface off the ends of the runway and on either side of the runway. Due to the. project. site's location away from these runway areas, no special conditions are necessary for safety purposes provided that the recommended residential density is adhered to. Butte County Airport Land Use Commission • 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: R. Dixon Speas Associates = Prepared Butte County Airport Facilities Plan and Map of FAR Part 77 Surfaces for the Chico Municipal Airport. Caltrans Division of Aeronautics - 1993 Airport Land Use Planning Handbook. Hodges and Shutt - Prepared accident scatter data presented in Chapter 8 of the 1993 Airport Land Use Planning Handbook. University of California, Berkeley, Institute of Transportation Studies (1993) - Prepared accident scatter data presented in Figure 9E on page 9-13 of the 1993 Airport Land Use Planning Handbook. K:\ALUC\MEETINGS\2000\05-17-OO.MTG\H2.RPT • Butte County • Airport Land Use Commission rA 0 0 1 1,999 CLUP DENSITY CRITERIA Adopted by the Butte County Airport Land Use Commission December 29, 1999 • MAXIMUM ACCEPTABLE DENSITY• No. Safety Zone People per Acre Dwelling Units per Acre 1 Runway Protection Zone 10 GH 0 - 2 Inner Safety Zone 10 ADHIJL 0 EKM - 3 Inner Turning Zone 10 ADHIJL 1 EKM 10 4 Outer Safety Zone 25 CDFHIL 1 EKM 5 5 Sideline Safety Zone. 25 CDFHIL 0 - 6 Traffic Pattern Zone 100 CDHIL 1 um EKM 2.5 ec. minimum pared sim 7 Area of Influence No Limit BCDHI 4 EKM 1 A. 20% Coverage Per Acre (Buildings and Structures). B. Uses compatible only if they do not result in a large concentration of people. A large concentration of people is defined as a gathering of individuals in an area that would result in an average density of greater than 25 persons per acre per hour 'during any 24-hour period ending at midnight, not to exceed 50 persons per acre at any time. C. Caretaker residences are a compatible use within all CNEL ranges, provided that they are ancillary to the primary use of a property intended for the purpose of property protection or maintenance, and subject to the condition that all residential units be designed to limit intruding noise such that interior noise levels do not exceed 45 CNEL, with windows closed, in any habitable room. D. Measures to achieve an interior noise level of 45 CNEL must be incorporated into the design and construction of portions of buildings where the public is received, office areas, and other areas where people work or congregate. E. Residential development shall not occur in a noise level greater than 55 CNEL. F. Use compatible only if it does not result in a concentration of persons greater than 25 persons per acre at any time or the storage of flammable or explosive material above ground. G. No buildings, structures, above ground transmission lines, or storage of flammable or explosive material above ground, and no uses resulting in a gathering of more than 10 persons at any time. true kr Corrcc-I y = �e-floc-�-s /tC,vc o eGtanyes w4��a �v�l't h�-Qr;hj 1.2 4- r9 H. Communication Towers (Excluding'airport related facilities): 1. Prohibited in all safety zones except Zone 8. Free Standing Towers: 1. Alternative orange and white paint starting at 30 feet above the ground. 2. :Strobe lighting -at the top of the tower and shielded from striking the ground for a mile.z' Towers with Guy Wires::. 1. Starting at 30 'feet above the ground: a. Blinking lights along length of tower and guy wires'at 20 foot intervals. b. Three feet in diameter orange safety markers attached at 20 foot intervals on tower and guy wires.' I. Public and Quasi -Public: Prohibited Uses: Churches, nursing care facilities, hospitals, colleges and universities, elementary and secondary schools, child care facilities and similar aggregations of persons. J.. 50% Open Space. K. Density Bonus Prohibited. L. No bulk petroleum products (except airport related), flammable or explosives or chemical storage above ground. M. Second dwelling units are prohibited. All zones in areas of influence: L Permitted Uses: A. All projects covered by a vested map or development agreement. B. :.Any uses covered by a valid building permit. C.. All uses meeting the airport CLUP standards at time permits are issued. General Statements. 1. All ministerial and residential uses shall be referred to ALUC and findings. shall°be made that there will be no impacts to airport operations. r 2. Avigation Easements shall be signed by property owners for all uses located within the planning boundaries of each public or special use airport. * The minimum parcel size is 8,000 square feet. K?ALUC\CLUP 1999W CLU