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Ordinance No. 4059
AN ORDINANCE APPROVING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT BY AND BETWEEN BUTTE COUNTY AND DOUGLAS N. GUNN,
TRUSTEE OF THE ROBERT AND ANN STEPHENS CHARITABLE REMAINDER
UNITRUST, ET AL. FOR REAL PROPERTY LOCATED ON THE WEST SIDE OF
HICKS LANE, NORTH OF MUD CREEK AND SOUTHERLY OF THE NORTH LINE
OF SECTION 33 T.23N. R.1E. PURSUANT TO SECTION 24-291 C.
The Board of Supervisors of the County of Butte, State of California, approved Ordinance No,
3463, on the 15t Day of December, 1998, which adopted the Development Agreement by and
between Butte County and Douglas N. Gunn, Trustee of the Robert and Ann Stephens Charitable
Remainder Unitrust, et al. {hereinafter Development Agreement).
The Board of Supervisors of the County of Butte, State of California, under and pursuant
California Government Code Section 65867.5 and Section 65868, and Section 24-291 of
Butte County Code, hereby FINDS, ORDERS AND ORDAINS, as follows:
SECTION 1. The Board of Supervisors has considered at a duly noticed public hearing on Jw
11, 2013 the proposed amendment to the Development Agreement, the report of staff, tl
recommendation of the Planning Commission and finds said amendment is not inconsistent wi
the Butte County General Plan and the North Chico Specific Pian as follows:
A. The proposed amendment to the Development Agreement is consistent with
following Health and Safety Element Policies to prevent and reduce flooding:
1. HS-P3.2 Applicants for new development projects shall provide
detailing existing drainage conditions and specifying how runoff will be dei
ar reta.ined on-site andlor conveyed to the nearest drainage facility and
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provide that there shall be no increase in the peak flow runoff to said channel
facility.
2. HS-P3.3 All development projects shall include stormwater c.
measures and site design features that prevent any increase in the peak
runoff to existing drainage facilities
The Sierra Moon Subdivision is required, for all phases, to provide draina
plans that require drainage facilities that will serve as detention basin(s) or oty
means to mitigate stormwater runoff during peak storm events to a level that is
least ten percent (1 D%) below pre-development runoff conditions.
B. The proposed amendment does not conflict with any goal or policy of the
County General Plan or the North Chico Specific Plan.
The North Chica Specific Plan Public Facilities and Services Element (NCSP~
addressed flooding in the Keefer Slough Watershed Area. The NCSP identified the
following:
1. The Keefer Slough channel currently experiences uncontrolled flooding due to
the Rock Creek diversion.
2. Prior studies have indicated the possibility of routing the diverted overflow
from its (Rock Creek) beginning point northeasterly of the Keefer Road/Hicks
Road intersection in a southerly direction to Mud Creek. However, a drainage
study prepared far a proposed county service area in July 1982 indicated that
Mud Creek was not capable of receiving the anticipated overflow from Rock
Creek (or Keefer Slough).
3. It was determined the Rock Creek overflow must either be contained in Rock
Creek or improvements made to Keefer Slough to accommodate the flows.
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4. The NCSP identified 6 possible alternatives to alleviate flooding of Keefer
Slough, none of which included a drainage way between Keefer Slough and
Mud Creek.
C. The amendment request is not inconsistent with the General Plan Land Use
designations of Very Law Density Residential (VLDR), Public (P} and
Conservation (RC).
D. A drainage study prepared for a proposed county service area in July 1982 Indic
that Mud Creek was not capable of receiving the anticipated overflow from ~
Creek (or Keefer Slough). Based upon this study, the 30-foot drainage easement
will remain after the proposed amendment to the development agreement is suffic
for any overflow that can be accommodated in Mud Creek.
E. A preliminary study by U.S. Army Corp of Engineers which looked at the flood.
issues along Rock Creek and Keefer Slough determined that developing a drain
channel from Keefer Slough to Mud Creek was not feasible and was not carr
forward as an alternative to resolve the existing flood risk. Further review
analysis of the plan also determined the diversion could result in the stranding
salmanids migrating in local streams.
SECTION 2. The proposed amendment to the Development Agreement with Schuster Hon
Inc., as successor in interest fa the Development Agreement, in the farm attached hereto
Exhibit "A" and incorporated herein by this reference, is hereby approved.
SECTION 3. The proposed amendment is for the partial abandonment of the existing 82-
wide drainage easement. The abandonment request to reduce the drainage easement width f
82 feet to 30 feet wide is shown on Exhibit "B".
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SECTION 4. The proposed amendment has been agreed to by all current owners of the
where the drainage easement is located.
SECTION 5. The Chair is authorized to execute the first amendment to the
Agreement in the form attached.
SECTION 6. Following the execution of the first amendment to the Development AgreE
the Clerk of the Board of Supervisors shall cause a copy thereof to be recorded with the
County Retarder.
SECTION 7. This Ordinance shall be and it is hereby declared to be in full forte and effect
from and after thirty (3D) days after the date of its passage, and before the expiration of fifteen
(15} days after its passage, this Ordinance shall be published once with the names of the members
of the Board of Supervisors voting for and against it in the Chico Enterprise RecordlOroville
Mercury Register, a newspaper published in the County of Butte, State of California.
DULY PASSED AND ADOPTED this 11th Day of June, 2013, by the following vote:
AYES: Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly
NOES :None
ABSENT: None
ABSTAIN: None
ATTEST: i
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-~ ,~ ~`' c
Pa ~ , Chie Administrative O facer and
C1rk oft a Board
County of Butte, State of California
1.~-~C~
Bill Connelly, Chair
Butte County Board of Supervisors
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