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A RESOLUTION TO RESCIND RESOLUTION NO. 85-104, AND TO RESCIND
APPROVAL OF AGREEMENT RELATING TO RECLASSIFICATION OF ZONTNG OF
PROPERTY KNOWN AS CANYON PARK ESTATES II SUBDIVISION
WHEREAS, a "Stipulated Judgment Granting Peremptory Writ of
Mandamus" was entered into by the parties in the action entitled
Butte Environmental Council v. County of Butte, et al., Case No.
92207, and filed January 2, 1991 (see Attachment A); and
WHEREAS, the PEREMPTORY WRIT OF MANDAMUS issued by the-Butte
Superior Court in Case No. 92207 commands the Butte County Board
of Supervisors to rescind and revoke its approval of Resolution
No. 86-104. (see Attachment B)
NOW, THEREFORE, LET IT BE RESOLVED, that the Board of
Supervisors of the County of Butte hereby rescinds and revokes
its approval of Resolution No. 86-104 previously adopted August
5, 1986 and repeals said Resolution.
BE IT FURTHER RESOLVED that the Board of Supervisors
rescinds and revokes its approval of that certain Agreement dated
August 5, 1986, attached to Resolution No. 86-104, and pertaining
to the conditional zoning of the property described therein as
the Canyon Park Estates II Subdivision.
PASSED AND ADOPTED by the Butte County Board of
Supervisors this 7th day of Januar 19 g2 by
the following vote:
AYES: Supervisors Houx, McLaughlin, Fulton and Chair Dolan
NOES : None
ABSENT: Supervisor McTnturf
NOT VOTING: None ~_.--~
NL ll LAN, mnair or ~n~e~
tte ounty Board of Superv
ATTEST:
WILLIAM RANDOLPH
Chief Administrative Officer
and Clerk of the Board
By J
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LAW OFF7CE OF
JoHx L. Luvw~-s, ]x.
ATfplINEY AT J.J1W
525 ~i5ua. ST.-P.O. Box 3276
Cttica, CAUFanruA 85927
(916) 893-1758
Attorney for Petitianers
I
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15
JAN Q 2 ;°a1
G: ~~~-^u•'~w c ;. G~~L'~BS, ButtE Co. lvtaf:{
Cp
IN THE SUPERIOR COURT OF THE STATE OF CAZ,IFORfiIA
IN AND FOR THE COUNTY OF BUTTE
BUTTE ENVIRONMENTAL COUNCIL,
Fetitioners,
vs.
COUNTY OF BUTTE, ET AL,
Respondents.
CASE NO: 92207
STIPULATED JUDGMENT
GRANTING PEREMPTORY
WRIT OF MAhDAPSUS
,,~ ~~~
IT IS HEREBY STIPULATED by and between the parties,
hereto, through ,their respective attorneys of record, that this
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court may issue its Judgment Granting Peremptory h'rit of Mandamus
as set forth herein.
DATED: ~ pw ~„ Pr~ Z~~ 15g0 JR
DATED : ~ ~~~ ~j , , I990 -
DATED : a G 1". ~` _, 1990 .
JO N UVAAS,
to ey for Petitioners
K ~ _
BUTTE.COUNTX COUNSEL .
Attorneys for Respondents
ONALD V I
PILLSBURY, MADISON & SUTRO
Attorneys for
Real Parties In Interest
Attachment A
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JUDGMENT
._ Pursuant to the foregoing Stipulation,.
IT IS ORDERED THAT,
i. A Peremptory Writ of Mandamus shall issue frrom f~is
court, remanding the proceedings to Respondents and commanding
Respondents County of Butte and Butte County Board of Supervisors
to rescind and reyake Butte County Ordinance No. 2544 a$opted~
August 5, 1985, rezoning portions of the subject property from,
U {Unclassified) and SH (Scenic Highway) to FR-1 (Foathill~'~
Residential --- ], acre minimum) ; and further to rescind and revoke
their approval of Resolution No. 86-104, adopted August 5, 1986,
approving an agreement far conditional zoning; and further to
rescind and revoke their subsequent approval of any conditional
zoning agreement pertaining to the subject property.
2.' Petitioners sha11 recover from Respondent County of
Butte their' costs in this action, in the amount of $22G,S6.
3, Petitioners are awarded attorney fees from "Respondent
County of Bute in the amount •of $4375 for attorney time
reasonably expended in obtaining this 3udgment.
DATED : ~ ~ , I.9 90 . FGG~r~ G~~-dE~3T
JUDGE OF THE SUPERIOR COURT
Judgment entered on
Judgment Baok, Volume No. , Page '
25 ... ,
FILED & PHYSIC.'~tLY FL~'• rD ly JUDi~tvjEhT SQ4K,
.. 27 . NO. -- (~ ~. ~,._ Cis _ _ 1 '" ~ • 9i
1 DECLAI',1r L!I`DEi; ~~; :.'.! ~~ ~' QF r^c=:"-.v:.~~ `~ i iiE h~3Q`•!E
28 ~Q 1'E TF;kJ% F.i:'J C.:r~'.,.....~~ ~ . ' L~ ^. i [^ ..._ / a~ ..
AT ~FIC~~I' LE, CA(:C~r'~t;F~ J. {;~r '.:~~ _::y::'J:~frJ i'- c.?K
, 1.990, . in
Clerk, Deputy Clerk
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r.~w o~saE o~'
~OHN L. LWMS~ tR.
ATTpl1!'s£'Y AT LAW
525 V1',~u. Ss.-P.O. Box 32'76
Cxroa, C~r-onnu 95927
~9is) 893-1758
Attorney for petitioners
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G. ,~;,:,~~ .; uF'sU°95. Bugs Co. C+e~c
6y S. 'v'f ~a
Ce;~~h~
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF BUTTE
i3UTTE ENLTIRONMENTAL COUI~YCIL, CASE hr0: 92207
Petitioners. .
PEREMPTORY
vs . R'RIT OF t~iANDAMUS
COUNTY OF BUTTE, ET AL,
Respondents.
The People of the State of California
To: The Butte County Board of Supervisors
and County of Butte, Respondents:
Judgment having been entered i~n this action, ordering that a
Peremptory Writ of Mandamus be issued from this court,
YOU ARE HEREBY COMMANDED immediately upon receipt of this
Writ to vacate approval of Butte County Ordinance No, 2544 and
Resolution No. 86-104, approved August 5, 1980, a:~d ar~y
subsequent conditional zoning agreez~ent relative thereto.
YOU ARE FURTHER COMMANDED tro make and file a return to this
Writ on or before ,~~~ 1 __, 13~~, setting forth' what~~ you
have done to comply.
DATED: ~ l 199x. b $• h'''°
Clerk
Deputy Clerk
LET THE FOREGOING WRIT ISSUE.
DATED: / ~~ _ .1990. ~ I~~C~t'? G~LBEF~~
JUDGE OF THE SUPERIOR CDURT
;'~,,
RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION
OF ZONING FOR 30HN DRAKE AND HOWARD ISOM
BE IT RESOI.VEA ANA ORAEREA 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:
JOHN DRAKE AND HOWARD I50M
and to do and perform everything necessary to carry aut the purpose of this
resolution.
FASSED AND ADOPTED by the Butte County Board of Supervisors on the
5th day of RUgU51; ~ lggb, by the folJ.owing vote:
AYES: Supervisors Mcinturf, Wheeler and Chairman McLaughlin
NOES: Supervisor Bolan
ABSENT: SUpervisor Fulton
NOT VOTING: None
ED McLAUGHLIN, CHA
Butte County Board of Supervisors
ATTEST: TIN 3. HOLS, Chief Administrative
fic r an Jerk of the Board
By i k ~`
Attachment 8 -`
AGREEMENT
THIS AGREEMENT made this 5th day of August , 1906, by and
between "First Party," as identified in Item Ca) of Exhibit I of this
Agreement, and the COUNTY OF BUTTE, 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 Cf) 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 to which application the Property is
being reclassified from its present classification to the classification
or classifications specified in Item Cc) 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.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that,
inasmuch as the reclassification specified in Item Cc) of Exhibit I is
being granted, the said reclassification shall be sub,~ect 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 with the same force
and effect as if fully set forth herein.
B. What 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 in5ta11 the required facilities.
2. Provide a 2Q-foot building setback from the edge of the
roadways.
3, Street signs shall be provided by the developer at ail
street intersections per County requirements. CSubmit five alternate
street names far each street to the County Address Coordinator far
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, 5C 250 prima, fag 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 Ordinances, design resolution and other accepted
engineering standards.
7. Provide permanent solution for drainage.
8. All easements of record to be shown on the final map.
9. Meet the requirements of the Butte County Fire
Department or other responsible agency.
10. Street lighting shall be provided in accordance with
Butte County requirements, accepted design criteria and recommendations
of PG and E for the area between the project entrance on Humboldt 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. Qbtain State encroachment permit and construct standard
public road approach on Humboldt Road and Highway 32.
13. Meet the requirements of the utility companies ti.e.,
PG and E, Pacific Telephone, water, sewer).
14. Pay any delinquent taxes.
75. 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.
18. Provide community sewage collection, treatment and
disposal facilities that comply with the California State Regional Water
Quality Control Board, the Code of Butte County, California, the State
Health and Safety Code and other applicable codes and regulations
governing the design, construction and operation of the facilities.
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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 regu]ations.
22. Utilize standard erosion control and construction
practices to minimize erosion and other construction impacts. CM)
23. Design and construct the structures with adequate
lateral reinforcement to withstand an earthquake with Intensity VIII on
the Modified Mercalli Scale per the Uniform Building Cade. CM)
24. Minimize potential damage from rockfalls by~
Ea> Locate dwellings and ether structures away from the
base of steep bluffs.
Cb) Avoid probable areas of future rockfall activity
where concentrations of rockfall debris occur.
tc) Construct law walls of native stone on the uphill
side of. dwelling sites where the area shows evidence of occasional
rockfalls of small boulders. tM)
25. Mark the important archaeological site by survey
monuments during the road construction phase. (M)
26. Grant an easement for Archaeological Site CV-1 to the
Society for California Archaeology; os, if preservation of the site is
not feasible, an extensive scientific investigation is required prier to
filing the Final subdivision map. (M)
27. 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 100 feet frgm stream channels except at
bridge ar culvert crossings. (M)
28. Restrict fencing to homesites to provide corridors for
wildlife movement. CM)
29. Limit the construction of dwelling 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. LM)
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30. Obtain streambed alteration permit from California
Department of Fish and Game for creek crossings. (M)
31 Utilize energy canservation measures of thq Uniform
Building Code and as requ'sred by Section 664'3.1 of the Subdivision Map
Act. CM)
32. Locate the sewage oxidation ponds outside the 1130-Year
flood plain of Litt}e Chico CreeiC. (M)
33. Retain the area proposed far R-G CResaurce
canservation) zoning as natural open space with uses to be limited to
those uses which do not require development or improvement of a
permanent or structural nature. Initiate a sand trust to hold an
easement in perpetuity over 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
or 35 feet.
36. Livestock, except horses, shall be prohibited.
37. Home occupations as defined in Butte County Gode
Section 24 et seq. shall be prohibited.
38. Signs shall be limited to an identification of the
development not to exceed two t2) 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 bu}}ding sites are so}d,
or until a period of five C5) years has elapsed, whichever 4is first.
The developer shall be respons}ble for the removal of all signs
associated with the sale of said property.
39. Except for an ornamental wall, fencing or security gate
at the entrances to the development and fencing near the dwelling units,
no extensive fencing and/or walls around the periphery lots shall be
permitted. The fences and/or wa}]s shall not exceed six C63 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 owned in common. The developer shall assume
responsibility for the unsold, remaining memberships until such time as
the homeowners' association can reasonably assume the f}nancial
responsibility far the maintenance and upkeep of the utilities, roads,
and all real property owned in common. To ensure that the homeowners'
association is adequately formed 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 con,junctian with this development,
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~1. Provide a one-acre fire station site near the entrance
to Phase I. This site to be fully_ developed with utilities to the
property line. .
42. Post a X125,000 bond 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 if)
of Exhibit I violates or fails to perform any of the conditions of this
Agreement within thirty C30) days after notice thereof as provided in
Paragraph E, the Board of Supervisors of Second Party may instruct the
County Counsel of Second Party to institute legal proceedings to enforce
the provisions of this Agreement, The Board of Supervisors of Second
Party may also initiate proceedings to rezone the Property to the
classification specified in Item Cb) of Exhibit I or any other suitable
classification.
D. Notice of violation of provisions of this Agreement shall be
sent to First Party at the address specified in Item Cd) 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 notice of such violation
at an address other than as specified in Item (d) of Exhibit i by filing
with the Clerk of the Board of Supervisors of Second Party the address
to which the notice 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 WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
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JOHN DRAKE
HOWARD ISOM
"First Party"
COUNTY OF BUTTE, a pa3itica~
subdivision of the State of
California
By
ED McLAUGHLIN, Chairman
Butte County Berard of Supervisors
"Second Party"
ATTEST: MARTIN NICHOLS
Ci-iief Administrative Officer
' and Clerk of tFze Board of
Supervisors
8y
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EXHIBIT I
(a) "First Party," as used in this Agreement, includes each and all of
the following: Jere Bolster, John Drake, Drake Homes, Howard Isom.
Cb) The Property is now zoned U and S-H.
(c) The zoning reclassification of the Property is from its present
zoning to: R-C and FR-9.
CdJ Native to First Party pursuant to Paragraph D shall be addressed
to: Drake Homes, P.O, Box 148, Chico, CA 95927.
Ce) The change in zoning classification pursuant to Paragraph D shall
be to: R-C and FR-1.
(f) "Property:" as used In this Agreement, includes
FR-1:
Lots 1 through 11;16 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,
R-C:
Lots A, B, C and D as shown on that tentative subdivision map for
the "Canyon Park Estates II" subdivision an file in the office of
the Butte County Planning Department.
Containing 1100 acres, more or less, Chico.
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