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HomeMy WebLinkAbout86-104BQARD OF SUPERVlS_ORS COUNTY. OF BUTTE, STATE OF CALIFORNIA ~esolufiott No. 86-104 RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONING FOR JOHN DRAKE AND HOWARD iSOM BE IT RESOLVED AND ORDERED that the Chairman of the Board of Super- visors be and is hereby authorized and directed to execute an agreement on behalf of the County of Butte relating to reclassification of zoning with: JOHM DRAKE AND HOWARD ISOM and to do and perform everything necessary to carry out the purpose of this resolution. PASSED AND ADOPTED by the Butte County Board of Supervisors on the 5th day of August 1986, by the following vote: AYES: Supervisors McInturf> Wheeler and Chairman McLaughlin NOES: Supervisor Dolan ABSENT: Supervisor Fulton NOT VOTING: None ED McLAUGHLIN, CHA Butte County Board of Supervisors ATTEST: TTN J. HOLS, Chiefi Administrative fic an Jerk of the Board l By AGREEMENT THIS AGREEMENT made th i s 5th day of AUguSt ~ ~ 9g6, by and between "First Party," as identified in item (a) of Exhibit I of this Agreement, and the COUNTY OF Bl)TTE, a political subdivision of the State of California, herein called "Second Party" W I T N E S S E T H WHEREAS, first Party is the owner of real property, herein called the "Property," situated in the County of Butte, which Property is described in Item (f) of Exhibit I of this Agreement; and WHEREAS, the Property is now zoned as specific in Item Cb) of Exhibit I; and WHEREAS, First Party has applied for a reclassification of zoning of the Property pursuant tq which application the Property is being reclassified from its present classification .to the classification or Classifications specified in Item tc) of Exhibit I; and WHEREAS, public hearings have been held upon said application before the Board of Supervisors of the County of Butte, State of California, and, after having considered the matter presented, it has been determined that certain conditions to the zoning reclassification of said Property must be imposed so as not to create any problems inimical to the health, safety and general welfare of the County of Butte. N[)W, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that, inasmuch as the reclassification specified 'tn Item tc) of Exhibit I is being granted, the said reclassification Shall be subject to the conditions specified in the following paragraphs: A. That Exhibit i, as completed and attached hereto, is . incorporated into and made a part of this Agreement witi-- the same force and effect as if fully set forth herein. B. That First Party shall construct and comply with all the following conditions: '1. Submit road and drainage Plans to the Department of Public Works for approval and install the required facilities. 2. Provide a 20-foot building setback from the edge of the roadways. 3. Street signs shall be provided by the developer at all street intersections per County requirements. ESubmit five alternate street names far each street to the County Address Coordinator fnr approval of street names.) 4. Construct full street section on Humboldt Road frontage to RS-3B geometric standard. Minimum structural section to be 2^ AC and 8" AB, SC 25d prime, fog seal and 95~ compaction. Submit design to County Department of Public Works for approval, "R".value determinations and other data that may be required to support section design. 5. Provide monumentation as required by the Department of Public Works in accordance with accepted standards. 6. Street grades and other features shall comply with the Butte County ©rdinances, design resolution and other accepted engineering standards. 7. Provide permanent solution for drainage. 8. Ail easements of record to be shown an the final map. 9. Meet the requirements of the Butte County Fire Department ar other respons'sble agency. 1Q. Street lighting shall be provided in accordance with Butte Gounty requirements, accepted design criteria and recommendations of PG and E for the area between the project entrance on Humbaldt Road and Highway 32. 11. Provide circulation {access road from Humboldt Road plus deeded right to use two emergency access roads to the north). 12. Obtain State encroachment permit and construct standard public road approach on Humbaldt Road and Highway 32. 13. Meet the requirements of the utility campan'ses Ci.e., PG and E, Pacific Telephone, water, sewer). 14. Pay any delinquent taxes. 15. File a tentative and final subdivision map and pay appropriate fees. 16. Provide all required traffic safety signs including stop signs. 17. Provide a community domestic water supply that complies with the California State Safe Drinking Water Act and the Code of Butte County. 1B. Provide community sewage collection, treatment and disposal facilities that comply with the California State Regional Water duality Control Board, the Code of Butte County, California, the State Health and Safety Code and other applicable codes and regulations gaverning the design, construction and operation of the facilities. -2- 19. Provide a service and maintenance district or other legal entity or entities adequate to ensure the construction, maintenance, repair or improvements of the domestic water supply system and the community sewage collection treatment and disposal facilities (County Service Area #84 ). 20. Record a covenant, running with the land, agreeing to inclusion within a Fire Protection Assessment District which may be established by the Board of Supervisors at a future time. 21 Applicant must comply with all applicable State and local statutes, ordinances and regulations. 22. Utilize standard erasion control and construction practices to minimize erasion and other construction impacts. tM) 23. De51gn and construct the structures with adequate lateral reinforcement to withstand an earthquake with Intensity VIII on the Modified Mercalli Scale per the Uniform Building Code. CM} 2~. Minimize potential damage from rockfalls by~ ta) Locate dwellings and other structures away from the base of steep bluffs. Cb) Avoid probable areas of future rockfall activity where concentrations of rockfall debris occur. Cc) Construct low walls of native stone an the uphill side of. dwelling Sites where the area shows evidence of occasional rockfalls of small boulders. CM) 25. Mark the important archaeological site by survey monuments during the road construction phase. CM) 26. Grant an easement far Archaeological Site CV-1 to the Society for California Archaeology; oC, if preservation of the site is not feasible, an extensive scientific investigation is required prior to filing the final subdivision map. CM) 2~. Locate roads and dwelling units so as to minimize the amount of vegetation removed or disrupted, avoiding habitat interfaces wherever possible. Retain riparian vegetation wherever possible. Locate dwellings and roads 50 to 1Q0 feet from stream channels except at bridge or culvert crossings. EM) 28. Restrict fencing to homesites to provide corridors far wildlife movement. CM) 29. Limit the construction of dwel]ing units within 350 feet from the centerline of Highway 32. For dwellings proposed to be located within that setback area, architectural design of the buildings and placement on the parcels to conform with the landscape. CM) -3- 30. Dbtain streambed alteration permit Pram California Department of Fish and Game for creek crossings. EM) 31 Utilize energy conservation measures of the Uniform Building Cade and as required by Section 6643.1 of the Subdivision Map Act . C M ) 32. Locate the sewage oxidation ponds outside the 100-year flood plain of Little Chico Creek, tM) 33. Retain the area proposed for R-G (Resource Conservation) zoning as natural open space with uses to be limited to those uses which do not require development ar improvement of a permanent or structural nature. Initiate a land trust to hold an easement in perpetuity aver the 900 acres */- of open space. 34. Construct emergency all-weather roads as shown on the tentative map approval to the standards required by CDF. 35. Residential development shall be limited to one single--family dwelling per parcel, not exceeding a height of two stories ar 35 feet. 36. Livestock, except horses, shall be prohibited. 37. Home occupations as defined in Butte County Code Section 24 et seq. shall be prohibited. 38. Signs shall be limited to an identification of the development not to exceed two (~) in number with a maximum size of 50 square feet, except that signs advertising the development and sale of units may be permitted until 85 percent of the building sites are sold, or until a period of five E5) years has elapsed, whichever is first. The developer shall be responsible for the removal of all signs associated with the sale of said property. 39. Except far an ornamental wall, fencing ar security gate at the entrances to the development and fencing near the dwelling units, na extensive fencing andlor walls around the periphery lots shall be permitted. The fences andlor walls shall not exceed six (6) feet in height. 40. The developer shall establish a homeowners' association to be responsible far the maintenance and upkeep of the utilities, roads and all other real property awned in common. Ths developer shall assume responsibility for the unsold, remaining memberships until such time as the homeowners' association can reasonably assume the financial responsibility for the maintenance and upkeep of the utilities, roads, and all real property owned in common. To ensure that the homeowners' association is adequately farmed to meet these responsibilities, the developer shall submit copies of said homeowners' association agreement to the Butte County Planning Department for review and approval prior to the recordation of any subsequent map authorizing the sale of any real property in conjunction with this development. -4- 41. Provide a onewacre fire station site near the entrance to Phase I. This ells to ba fully developed with utilities to the property line. , 42. Past a X125,000 band to cover the construction of a fire station, the purchase of a used fire engine and equipment, and all of the equipment and supplies necessary to form a 15-person volunteer fire company. C. In the event First Party, any successor in interest of First Party, or any person in possession of the Property described in Item {f} of Exhibit I violates or fails to perform any of the conditions of this Agreement within thirty {30) days after notice thereof as provided in Paragraph E, the Board of Supervisors of Second Party may instruct the County Counsei of Second Party to institute legal proceedings to enforce the provisions of this Agreement. The Board of 5upervlsors of Second Party may also initiate proceedings to rezone the Property to the classification specified in Ttem Cb) of Exhibit T or any other suitable classification. D. Notice of violation of provisions of this Agreement shall be sent to First Party at the address speCifi,ed in Item {d) of Exhibit I and to the street address of the Property described in Item Cd) of Exhibit I. Any subsequent title holder, any lien holder, or party in possession of the Property shall also receive native of such violation at an address other than as specified in Item {d} of Exhibit i by filing with the Cierk of the Board of Supervisors of Second Party the address to which the native is to be sent, with reference to this Agreement and the Resolution authorizing its execution. E. In the event Suit is brought by the County Counsel of Second Party to enforce any of the provisions of this Agreement, First Party agrees to pay to Second Party a reasonable sum to be fixed by the Court as attorney's fees. F. Each and every one of the provisions of this Agreement herein contained shall bind and inure to the benefit of the successor in interest of each and every party hereto, in the same manner as if they had herein been expressly named. IN WITNESS WHEREQF, the parties hereto have executed this Agreement the day and year first above written. _~_ ~~ i -r J©l-liV DRAKE HOWARD ISOM "First Party" COUNTY OF BEiTTE, a political subdivision of the State of California By ED McLAUGHLIN, Chairman Butte County Board of Supervisors "Second Party" ATTEST . MART I N iV I CF~OLS Chief Administrative Officer and Clerk of the Board of Supervisors By -6- EXHIBIT I (a) "First Party," as used in this Rgreement, includes each and all of the following: Jere Bolster, John Drake, Drake Homes, Howard Isom. (b) The Property is now zoned: U and S-H. Cc) The zanin8 rec3assification of the Property is from its present coning to: R-C and FR-1. (d) Notice to First Party pursuant to Paragraph D shall be addressed to: Drake Homes, P.O. Box 1448, Chico, CA 95927. (e) The change in zoning classification pursuant to Paragraph D shall be ta: R-C and FR-1. Cf) "Property," as used in this Rgreerrsent, includes: FR--1 Lots 1 through 106 as shown on that tentative subdivision map far the "Canyon Park Estates II" subdivision on file in the office of the Butte County Planning Department. R-C: i...ots A, B, C and D as shown on that tentative subdivision map for the "Canyon Park Estates II" subdivision on file in the office of the Butte County Planning Department. Containing 1100 acres, more or less, Chico. -7- Matter in ~ltiga~l0~.