HomeMy WebLinkAboutM031677~"' ~`
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RECONVENED: The Board reconvened at 9:00 a.m. Present: Supervisors Lemke,
Madigan, Moseley, Winston end Chairman Richter, Clif Nickelson,
Administrative Officer; Dan Blackstock, County Counsel, and
Clark A. Nelson, County Clerk, by Cathy Yitte, deputy Clerk.
77-541 PUBLIC HEARING: CASA DE FLORES MOBILE HOME PARK - REZONE FROM R-k
(MARIMUM DENSTTY RESIDENTIAL), R-2 (DVPLES RESIDENTIAL) & R-1 (SING1.E-
FAMILY RESIDENTIAL) TO MEiP (MOBILE HOME PARK) PRIOPERTY ON THE SOiTTH SIDE
OF LASSEN AVENUE AT HORSEMAN AVE., CONTAINING 12 ACRES, MORE OR LESS,
CHICO. ADOPT ORDINANCE 1804.
The continued public hearing on the Casa De Flores Hobile Home
Park rezone from R-4 (maximum density residential), R-2 (duplex residential)
end R-l (single-family residential) to MHP (mobile home park) property on
the south side of Lassen Avenue at Norseman Avenue, containing 12 acres,
more or less, Chico was held at this time. Jay McKeehan, Planning Department,
set out the background of the Negative Declaration. This rezone would
reduce the density.
Nc one.
Hearing open to the public on the Negative Declaration. Appearing:
Hearing closed to the public and confined to the Board.
On motion of Supervisax Winston, seconded by Supervisor Moseley
and unanimously carried, the Negative Declaration was approved with the
findings that the proposal ie an extension of an existing zone, it does not
increase population density, is is conformance with adjacent and surrounding
uses, and the project poses no significant adverse env6ronmehtal effects
(noting, however the economic impacts); and that the Board finds ao substantial ,,
adverse effect oa the environment.
Hearing on the rezone from R-4, R-2, and R-1 to 1+II~ held at
this time. The Planning Commie ion voted 9 to D recommending approval.
It is shown on the General Plen ae medium density.
Hearing open to the public, Appearing: Flmyd Damshen, General
Partner in Casa De Flores Mobile Home Park. Mr. Damshea stated that Chis
would be an addition to the existing facility that is already is existence.
Mr. Damshen set out the way the facilities are designed.
Hearing closed to the public and confined to the Board.
Oa motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, Ordinance 1804 rezoning from Rr4, R-2 and R-1 to
MHP property oa the south side of Lassen Avenue et Norseman Avenue, contain-
ing 12 acres, mare or less, Chico wan adopted and the Chairman authorized
to sign, with the findings that it is consistent with the General Ylan''
sad with the Planning Director's Report ea follows:
Casa De Flores Mobile Home Park
76-97
PLANPJING DIRECTOR'S REPORT
Casa de Flores Mobile Home Par{: - rezone from R-4 (Plaximum
density Residential), R-2 (Duplex residential) F R-1 (Single-
family Residential) to MHP ~•fobile Home Park) property on the _
March I6, 1977
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March 16 , 1977
a r s: s s s s r s r r s s r s r s s a s r s r s s s s wz s r a r r s
south side of Lassen Avenue at Norseman Avenue, containing
12 acres, more or less, Chico.
The General Plan consists of Statement of development policies
and shall include a diagram or diagrams and text setting forth
objectives and principles, standards and planning proposals.
The Ptan shall include the following elements: A. Land Use,
B. Circulation, C, ilousinq, A. Conservation, E. Open Snace,
F. Seismic Safety and Safety, G, tloise, N. Scenic Highway.
Land Use: This request is to rezone property already residentially
zoned to` an alternate residential zoning. The Butte County 6enerai
Plan recommends the area for medium density residential development,
four to eight units per acre. The pro,iect density based an
recent mobile home park densities should be within the limits
recommended in the General Plan.
Circulation: The site has adequate access to Lassen Avenue and
nterna c rculation can be adequately designed to oravide safe
ingress and egress. The proposal does not appear to be inconsistent
with Circulation Element of the General Plan.
Hous~in The proposal will add housing in the Chico urban area.
and--is-consistent -vith the General Plan recommendations to utilize
existing undeveloped areas in the urban area designated in the
General Plan for residential use. '
Conservation: The Conservation Element does not appear to be
goo ca a to this proposal.
Open Space: The Open Snace Element is not applicable to this
propose .
Seismic Safety: The Seismic Safety Element contains several
recommen attons v-hich may be applicable to the development of the
site subsequent to this rezoning request.
Pioise: This proposal would he located near a ma3or thoroughfare,
as a concentration of development occurs in the area there will
be a concomitant noise increase from traffic.
Scenic (iigh!aav: The Scenic lligh~-ay Element is not annlicahle to
77-g42 ADOPT ORDINANCE 1805: PUBLIC SEARING: BUTTE TALLOW CO, ~ REECiNE FROM
A-2 (GENERAL) TO M-2 {SEAyy INDUSTRIAL) PROPERTY ON THE NORTFIEAST CORNER
OF SHIPPEE ROAD & HIGHWAY 9 E APPRORIMATELY 8 MILES NORTH~IEST OF OROVILLE.
The•contiaued public hearing~on Butte Tallow Ca. rezone from
A-2 (general) to M-2 (heavy industrial) property on the northeast corner
of Shippee Road end Highway 99E, approximateltp S miles northwest of Oroville
was held at this time. Say MclCeenan, Planning Department, set out the
background of the Negative Declaration. The property is 28 scree with
the project using about 10 acres.
Hearing oa the EIR open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Ainaton, seconded by Supervisor Zemke
_ and unanimously carried, She >Segative Declaration was approved with the
March 16, 1977
March 16 , 1977
w e: c a s a s s r a e a s a s s s s s s r a a e s s s s a a a s s a
findings that the project is an upgrading to a zoning district to cover
existing uses oa the site aad also the project poses no signigi[cant
~adverae environmental impact.
Hearing on the rezoae from A-2 to M-2 property held at this
time. The Planaiag Commission voted 7 to O,i~2 absent. This is in the
open grazing area with 1 to 5 acres per dwelling. This is an existing
use.
Hearing open to the public. Appearing: Jim Harrington, Butte
Tallow. Mr. Aarril+gton stated that the 28 acres are A-2. Only 8 acres
would be under M-2 and the balance would be in pasture land. The primary
purpose~is to get rid of water from the existing facility.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, Ordinance 1805 rezoning from A-2 to i+.f-2 property
on the northeast corner of Shippee Road and highway 99E, approximately
B miles northwest of Oroville was adopted and the Chairman authorized to
sign with the findings that an overriding use exists and with the Planning
Airector's Report as follows:
t3utte Tallow Co. rezone
77-OS
PLAttNING DIRECTOR'S REPORT
Eutte Tallow Co. - rezone from A-2 (General) to ht-2 (tteavv
Industrial) prooert,y on the northeast canner of Shiapee Road
and High~~rav 99E, approximately eight miles north+vest of Oro ville.
The General Plan consists of statement of development policies
and shall include a diagram or diagrams and text setting forth
objectives and principles, standards and manning nroRVSals.
The Plan shall include the following elements: A. Land Use,
6. Circulation, C. Housing, D. Conservation, E. Open Space,
F. Seismic Safety and Safety, .G. t<loise, H. Scenic Highvrav.
Land Use: The butte Count.Y General Plan delineates the area
as open grazing, one to five acres per d+vellinq unit. The existing
use, though not agricultural in.nature, is related to agricultural
pursuits, i.e. disposal of "down" animals, also, processing
slaughterhouse bv-products.
The nature of the operation makes it more desirable to be located
away from urbanized areas.
Circulation: The rezoning is located on the .east side of Highreay
an t ere does not appear to be d conflict bet+veen the goals
and policies stated'in the Circulation Element and the proposed
rezoning.
Housing: The proposal does not specifically relate to the
Hou~q Element of the General Plan.
Open Space: The area is designated on the Onen Land Neap as
mu t ple use open space. The proposed rezoning if limited to the
existing facility 4rould not significantly conflict +vith the goals
- contained in the Plan. _
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March 16, 1477
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Seismic Safety: The proposed rezoning is not located in an,v
en ed area of known active fault.
The proposed rezoning is delineated as "liquefaction potential-
generally moderate."
Safet The rezoning is located in an area identified as moderate
czar for natural fire classes.
Iloise: The zoning proposal if restricted to the existinn use
would not have a significant effect on this element of the General
plan inasmuch as the use is now existing and is also adjacent to y
the State Highway. ~
T7-543 PUBLIC HEARING: DAN HAXS, ETAL - REZONE FROM A-2 (GENERAL) TO A-5
(AGRICULTURAL), SR-1 {SINGLE-FAMILY RESIDENTIAI.)~ M-1 (LIGHT ZNDUSTRIAL)~
AND P-Q (PUBLIC-QUASI-PUBLIC) FOR A TOTAL AREA COVERING ONE SQUARE MILE,
MORE OR LESS, LOCATED ON THE EAST SIDE OF COHASSET ROAD, NORTH OF EATON
ROAD. SOUTHEAST OF CIILCO MUNICIPAL AIRPORT.
The continued public hearing on the Daa Mays, etal rezone from
A-2 (general) to A-5 (agricultural), SR-1 (single-family residential), M-1 ,
(light industrial), and P-Q (public-quasi-public) for~'a total area covering
one square mile, mofe or less, located on the east side of Cohasset Road,
north of $aton Road, southeast of Chico Municipal AirporC was held at this
time. day McKeenen, Planning Department, set out the background of the
EIR.
Jim Lawson, Planning Director, stated that the flight-line
perimeter follows the P-Q 11ne. It is extended directly into the SR.
Discussion of determining the CNEL noise level had at this time.
Hearing on the EIR open to the public. Appearing:
1. Al Reidel, Chief, Control Tower Chico Airplirt, FAA, Mr. Reidel
stated that the noise study is accurate ae far as it goes. In order to get
a correct CNEL noise level then the area would have to be fanned out ae
the planes do not flq in a straight patters. They turn to the south or
the southeast to avoid flying over the city of Chico. Mr. Reidel set
out the different types of planes that take off and lead at the airport.
The area of the proposed development would be in the maneuvering path of
the airplanes. The FAA policy is not to change the noise areas that are
known to be sensitive to noise.
2. dim Colley, Chico Aviation. Mr. Colley stated that he receives
several calls a daq concerning the aoise problem at the airport. This new
development would only increase the noise problem calls. Possibly the
Board would look at this area again,
3. Gordon Cestlemajor. Mr. Cestlemajor stated that developments
around the airport are creating problems. The people who buy the homes
are not happy with the aoise problems created by the airport. Mr. Cestlemajor
suggested that a moratorium on building in the area would be the answer until
a study has been completed.
Hearing on the EIR closed to the public and confined to the
Board.
Chairman Richter stated that he felt the EZR was inadequate.
Discussion of an 8IR to incorporate additional material concerning
CNEL noise levels had at this time.
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Supervisor Madigan stated that the hearing should be continued
until a complete study hae been made of the noise levels.
Jim Lawson, Planning Director, stated that this leads itself
to the environmental guidelines. The main concern is the noise level
of the airport. If the Board had a Master Environmental Assessment, then
this could be used on all rezones and developments within this area.
The Planning Commission is also the airport land use commission for the
County.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the EIR submitted for the Dan Rays etal rezone
ie insufficient in that the noise factor iniiolved in the approach patterns
from the end of the run wags have not been adequately considered.
On.motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the Environmental Coordinator is instructed to
formulate an EIR on the entire area under the iafluencesof the Chico Airport
and prepare a master enviro~ental aeseasmeat based oa the total zoning
plan.
Appearing: Richard Wilson, City of Chico Planning Department.
Mr. Wilson stated that the City hae a tentative subdivision map for thaC
area and possibly the Board could pass an interim zone or moratorium until
the study is completed.
The matter is continued until March 22, 1977 for recommendations
-°-- --• from staff oa interim zoning in the whole area. -- -
RECESS: 10:10 a.m.
RECON9ENE; 10;20 s.m.
77-~4~~i5CU6639N: LETTER TO WATER RE50URCES CONCERNING ALLOCATION 01' WATER
Dan Blackatock, County Counsel, read the letter t$aC he had
prepared for the~Department of Water Resources. Supervisor Madigan stated
that where we are the County of origin how can the Department cut Butte
by 107. Possibly Mr. Bleckstock could make a Dell and see if Butte County
could be exempt f the 107. cut because of County of origin as per the
stipulation of 196. -
77-545 PUBLIC FIEARING: WILLIAM B. HANSELL, ETAL (CITIZENS GROUP) - 8$ZONE
FROM A-R (AGRICULTURAL-RESIDENTIAL) TO ASR-1 (AGRICULTURAL-SiJBURBAN-RESIDENTIAL,
1 ACRES. LOTS), PROPLRT,Y, SOUTH. OF OI,IV~ .HW,Y,,,. ,EAST OF ,OARVALE AVE. , NORTH OF
EASTWEST CENTERLINE OF SEC 23 & 24 T19N R5E OR09ILLE.
e continued publicnhearing on the William ~. Hanseli, etal (citizens
group) rezone from A-R (agricultural-residential) to A5R-1 (agricultural-
auburban-residential, 1 acre~lots~ property south of Olive Hwy., east of
Oakvale Ave., worth of eastwest centerline of Sec. 23 & 24, T19N, RSE,
Oroville was held at this time. the Planning Commission found that a
Negative Declaration should be filed for the project.
Hearing on the EIR open to the public. Appearing:
1. William Hansell. Mr. Hansell stated that because this would
be a more restrictive zone then an EIR should not be~required.
2. Joe~Topping, property owner. Mr. Topping Baked what the
difference was between~an EIR and a Negative Declaration.
3. Jim Ladd, Oroville. Mr. Ladd stated that Chere would be
a significant effect oa the e~rironmagt if the rezone were to be approved.
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March 16, 1977
March 16, 1977 ,
R x~ tY t~ e@ fY LC fi @~ a i@ i a !C !S d a m i i i i i i c c c v R R C
3. William Merchant, Mt. Ida Rd,, Mr. Merchant stated that ~
-~- there are only 20 people considered in the North Burbank Utility District.
4. Don Blake, representing Mr. ltelso and Mr. Simmons. Mr.
Blake set out the back ground of the sewer lines within the area.
5. A, T. Bell, Mt. Ida Rd. Mr. Bell stated that he was in
favor of the negative declaration.
Hearing on the EIR closed to the public and confined to the Board. •
i
On motion of Supervisor Wineton~ seconded by Supervisor Madigan
and carried, the Board affirms the findings of the Planning Commission and
finds that there is no aignificaAt detrimental effect on the enviro~ant
,,.__..._, _ and accepts the aegetive declaration w1~~e L,.e 1,_~.o~.,ga:. •
AYBSt Supervisors Lemke, Madigan and Winston, NOES: :BEupervieors Moseley
and Chairman Richter.
- Motion carries.
Hearing on the rezone held at this time. The Planning Commission
vote was 5 to 1, 3 absent for the rezone.
Hearing open to the public. Appearing is favor of the rezone.
1. William Hansen, property owner. Mr. Hansen set out the
background leading up to the•rezoae. The people were asked to come up
with~a auggestian for rezoning their area. Thie is the proposal that
the geople have cane up with.
2. A. T. Bali, property owner, Mr. Bell set out the background
of the area. Mr. Be11 explained what moat of the property is used for.
3. Richard Waxmack, property owner. Mr. Warmack is in favor
of the rezone.
4. Joe Topping, property owner. Mr. Topping is in favor of
the rezone. lle has just purchased the land and would Like his name added
to the petition.
5. Mr. Dunkley, C+raville. Mx. Dunkley stated that he could see no
reason why the Soard could not accept the petition.
6. William Merchant, Mt. Ida Rd. Mr. Merchant stated that the
group was organized to help the County by finding what the people in the
area wanted to be zoned.
Appearing in opposition to the rezone.
1. Don Blake, representing Mr. Iteiso and Mr. Simmons. Mr.
Blake set out the percentage of people who signed the petition. Mr. Blake
shaved the Board a map of the area and showed which property owner signed
the lrtition and haw much property they owned. Mr. Simmons, Mr. Keieo and
Mr. Nickerson are asking that their property be•excluded.
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March 16, 1977
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March 16, 1977
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2. Richard Kelso, property owner. Mr. Kelso stated that the
reason he would litre to be excluded from the rezoning is that he was turned
dower on a~building permit for a new home because of drainage with, the
topography. It would require 5 scree for septic and drainage. Mr, Paul
McKim would also like to be excluded.
3. Hilton Simmons. Mr:;.Simmons stated that the area has already
taken care aof itself. Mr. Simsnoas would like his property excluded.
Appearing in rebuttal.
1. Helen Hicks, Mt. Ida Rd. Ms. Hicks stated that the different
properties should not be excluded.
2. William Hansell, citizens' group. Mr. Hanseil stated that hie
group had obtained the petition in en honest manner and did the best that
they could. They did nothing wrong. Them area has been developing since
the group started getting signatures. This is not orderly growth.
3. Doer 81ake. Mr. Blake stated that the hearing has served
its_ipurpoae. The Board has all the iafoxmetion before it.
Board.
Hearing on the rezone closed to the public and confined to the
Supervisor Winston stated that because of the problem with the
leach fields it would be impossible to zone the property ASR-1.
The matter is continued to March 22, 1977 for staff to prepare
a map ehowiag which parcels have how much acreage, and to show the sewer
lines. This is to be placed on a Quad map.
RECESS: 12:30 p.m.
RECONVENE: 1:30 p.m.
77-546 DISCUSSION: STONESON bEVELOPMENT CORPORATION REZONE
There ie a question as to whether the hearing on the Stoneson
Development Corporation rezone can be heard today. Mr. Phil Mace stated
that the hearing on one portion of the~resane was rescheduled at the
last hearing but the other portion was sot continued to a date certain
until the following week. This notices should have been published.
Supervisor Lemke stated that MAC would like to have the matter
c ontinued ao that they can hold a public meeting on the rezone. Ttivas
~&~t-~~~thislwasenbt the purpose of MAC.
77-547 PUBLIC HEARING: WILLIAM J. BEASLEY - RECOMMENDED DENIAL OF PARCEL
MAP, AP 58-20-49, FOUR LOTS, NORTH SIDE OF HIGHWAY 70, APPRO%IMATELY 450
FEET NORTH OF PINKSTON CANYON ROAD
The public hearing oa the William J. Beasley racommeaded denial
of parcel map, AP 58-20-49, four lots, north side~of Highway 70, approximately
450 feet north of Pinkston Canyon Road was held at this time.
Hearing open to the public. Appearing: William Beasley, property
owner. Mr, Beasley stated that he could see no reason that the map could
not be approved.
Hearing closed to the public and confined to the Board.
On mot ion of Supervisax Winston, seconded by Supervisor Lemke
and unanimously carried, the appeal of William J. Beaseley is upheld; the
parcel map is approved with the finding that it is consistent with the
General Plan; the proposal is in conformsace rriih the existing zoning
covering the property sad is also in conformance with ad scent arcels. _
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March 16, 1977
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Also, the proposal poses no eigaificant adverse enviromnental effect with
the following conditions:
1. Verify legal access.
Z. Provide traversable access per County requirements.
3. Indicate a 50 ft. huildinS set~a.~ck frog the centerline of the access
easement.
4. ShosJ all easements of retard on the final map.
5. Provide a road maintenance agreement.
6. Access easements to he reserves? in deeds per Cotvsty ordinance.
7. Road naMes and house numbering to be revie<<~ed and approved by the
Dept. of Public Clorks prior to recordltion of final map.
S. Proof of water or place the statement on the man as required by the
ordinance.
.. ~...._rr- ..___... .~.. ..~ ~..~..~ ... ~..~~
77-548 DISGUSSION: STONESON DEVELOPMENT CORPORATION RE20NE
The question of whether or sot the Board can hear the
Stoneson Development Corporation Rezone has not yet been determined.
Mr. Phil Mace, appearing, stated that he did not feel the
Board could hear the rezone as it had not been properly advertised.
Mr. Mace stated that the Board had Iost the legal train of hearing.
Dan Blackatock, Gounty Counsel, stated that as a precaution
possible the Board should continue and re-advertise. There is a presumption
that it was properly done.
77-549 PUBLIC HEARING: LOUIS G. NDFREY - RBZONE PROM AR-MA (AGRICULTURAIr
RESIDENTIAL) TO C-1 (LIGHT COMMERCIAL) PROPERTY LOCATED DN THE SODTHEAST
CORNER OF KUSEL ROAD AND LINCOLN BLVD., IDENTIFIED AS AP 36-393-01,
CONTAINING 3.22 ACRES,t1~E_OR L655. ORDVILLE.
•The public hearing oa:Louia C, Nofreq rezone from AR-MH (agricultural-
reeidential) to C-1 (light commercial) property located oa the southeast
corner of.Kusel Read and Lincoln Blvd., identified as AP 36-292-01, contain-
ing 3.22 acres, more or lass, Oroville was held at this time.
Hearing oa the EIR open to Che public. .Appearing: No one.
Rearingclosed to the public and confined to the Board.
On•motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the negative declaration for Louts C. Nofrey
is accepted with the fiadinge that the project Hosea ao significant
adverse environmental effects.
Hearing on the rezone held at this time. The land use element
shows as residential. The property to the north and south oa the other
side of Lincoln Blvd is a commercial district,
Discussion of whether the land use ed<ement ::outweighs=the other
uses in the General Plan.had at this time. If a project is consistent with
the majority of the elements then it must be assumed that it is consistent
with the whole plan> The plan is not suppose to be inconsistent with itself.
On motion of 3uparvisox Winston, seconded by Supervisor Lemke
and unanimously carried, the Planning Director and County Counsel are
~o bring back a recommendation that the Board might submit to the Planning
mmisaion to consider An amendment to the wording~of the General Plan.
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March 16, 1977
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The matter is continued to April 19, 1977 at 4190.
SUPERVISOR LEMKE EXCUSED FROM THE MEETING AT 2125 p.m.
77-550 ADOPT ORDINANCE 1806: PUBLIC HEARING: MARY VAN GILDER, ETAL - REZONE
FROM INTERIM ~-1 (SINGLE-FAMILY RE8IDENTIAL) TO A-R (AGRICULTURAL-RESIDENTIAL)
PROPERTY LOCATED SEPWEEN 12TH STREET AND 14TH STREET ON THE SOUTH SIDE OF
BRAND AVENUE_,, CONTAINING 26 ACRES. MORE OR LESS. OROVILLE.
The coatinued public hearing on the Mary Van Gilder, etal rezone
fran Interim R-1 Esiagle-family residential) to A-R (agricultural- residential)
property located between 12th street and 14th street on the south aide of
Grand Avenue, containing 26 acres, more or less, Oroville was held at this
time. The Planning Commission voted 6 to 2 with 1 absent for the rezone.
Hearing open to the public. Appearing: Na one.
Hearing closed to the•publie and confined to the Board.
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and carried, the Negative Declaration is affirmed with the findings that
the proposal should not cause aay substantial adverse environmental impacts
and Chere is ao eignificanC body of opinion apposing the project.
------ AYi~BS b~pervisore Madigan, Moseley, Winston and Chairs~an Richter.
ABSL7NT: Supervisor Lemke.
Hearing on the rezone open to the public. Appearing; No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Winston
and carried, adopt Ordinance 1806 rezoniag from Interim R-l (single-family
residential) to A-R (agricultural-residential) property located between i2th
._ • __•_•____ _, Street and loth Street on the south side of Graad Avenue, containing 26 __ _
acres more or ass, ov a was a opted with tt-e find ags of the
P1e:mit~ Director's Report as follows:
Mary Van Gilder, et a1, rezone
77-26 .
PLANNIiiG DIRECTOR'S REPORT
Marv Van Gilder, et al, - rezone from Interim R-1 (Single family-
residential) to A-R (Agricultural-Residential) aroperty located
between 12th Street and lrith Street on the south side of Grand
Avenue, containing 26 acres, more or less, Oroville.
The General Plan consists of statement of development nolicies
and shall include a diagram or diagrams and text setting forth
objectives and principles, standards and planning proposals.
The Plan shall include the following elements: A. Land Use,
S. Circulation, C. Housing, 0. Conservation, E. Open Soace,
F. Seismic Safety and Safety, G. Noise, H. Scenic Highway.
Land Use: The proposed rezoning is from one urban residential
t ass f cation to another. The Land Use Map delineates the area
as residential, one to four dwelling units per acre. The rezoning.
vrould be consistent with the goals and nolicies of this Element.
Circulation: The rezoning does not soecificall.y relate to this
ement o the General Plan.
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March 16, 1977
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Housing Element: This rezoning does not specifically relate to
e ous ng ement of the Butte County General Plan; it is an
existing residentially developed area.
Conservation: The rezoning is ~~rithin the urban area of Oroville
as a one n the General Pian and does not have any significant
impacts upon this Element.
O en Space: The rezoning will not conflict with the Open Space
goa s con ained in the Plan,
Seismic Safety: The rezoning is not located within env kno~rn
ac ve aT uTt; but is in the area of seismic activity.
Safety: the rezoning does not specifital]v relate to this Element
~'t•`~ie General Plan, being an existing developed area.
Noise: This rezoning would not have a significant effect upon the
goa s and policies for the ~toise Element of the General Plan since
it is an~urbani'zed development.
Scenic Highway: The rezoning does not involve any roads v~ith
scan c des gnaCions. __ .--•-----•-•T
and the Chairman authorized to sign. AYES: 5upervisora PSadigan, Moseley,
Winston aad Chairman Richter. ABSENT: Supervisor Lemke.
77-551 PUBLIC HEARING: CHA&ALENE P. CONK -'EIR AND REZONE FROM A-R (AGRICUL-
TURAL-RESIDENTIAL) TO AR-1~ (AGRICULTURATr RESIDENTIAL MOBILE HOME) FOR
PROPERTY LOCATED ON THE NORTHWEST CORNER OF V-6 ROAD AND LOWER WYANDOTTE
ROAD, IDENTIFIED AS AP 36-022-D9, CONTAINTNG'2.26 AERES MORE OR LESS,
OROVILLE
The continued public hearing on the Charalene-P. Conn EIR end
rezone from A-R (agricultural-residential) to AR-PIli (agricultural-residen-
tie1, mobile hoarse) £or gr~operty located on the northwest corner o£ V-6
Road and Lower Wyandotte Road,.identified as AP 36-022-09, containing
2,28 acres more or~leas, Oroville wee held at'thie time.
Hearing on the EIR~open to the public. Appearing: No.one.
Hearing closed to the~publio aad confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, the Negative Declriration ie affirmed with the findings that
the proposal is i'a~conformance:with the Butte County General Plan and
ne substantial adverse environmental effects are foreseen. AYES: Supervisors
Madigan, Moseley, Winstdn•and~~hairman Richter. ABSENT: Supervisor Lemke.
Hearing on the rezone held at this Cime.
Hearing open to the public, Appearing: Charalene Comm, owner.
Ms. Conn stated that ahe;would',like the property rezoned. She would
Like to apply for an uluitt iMicmie for her mother but must rezone her
property first.
Hearing closed to the public and confined to the Board.
On motion .of Supervisor Winston, seconded by Chairman Richter
and carried, the rezone for Charalene Conn was denied. AYES: Supervisors
Madigan, Moseley,~Winston and Chairman Richter. ABSENT: Supervisor
Lemke.
77-552 PUBLIC HEARING: STONESON DEVELOPMENP CORPORATION - REZONE FROM A-2
LTD. TO R-4 (MAXIMUM LEN3ITY RESIDENTIAL) PROPERTY ON THE WEST SIDE OF
Page 70.
March 16, 1977
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March 16, 1977
e x a s s a s a m s m a m m z m m m m s m m m m m m m m m m m n m r z c
CLARK ROAD AT NUNNELLY ROAD,_,, PARAAI5E.
The continued public heariog•oa the Stoneson Development
Corporation rezone from A-2 Ltd. to R-4 (maximum density residential)
progerty on the west aide of Clark Road at Nuanelly Road, Paradise was
held at this time. Jay McReenan, Planning Department, presented the
Board with a;packet concerning the EIR. This contained a fiscal impact
analysis and 'sewer treatment facility study. This is to be looked at
along with the EIR if you want to consider for inclusion.
bearing open to the ~ubiic oa the LIR. Appearing: Phil Mace,
Paradise. Mr•. Mace stated that he was ogposed to the project as he was
downstream from the project and there was mot sufficient drainage. Mr.
Mace stated that on January 25, 1977 the C-2 portico of the rezoning was
contim:ed but that the R-4 portion was not continued to a date certain
until February 1, 1977. If the Board has received new material concerning
the EIR it is•obligated tc make that information available to the public.
Appearing Lee Burasida asking that the meeting be continued
so that MAC can hold a meeting on this matter.
It was agreed that the matter should be continued and the
Clerk is to publish notification of the meeting.
The hearing fe continued to April 12, 1977 at;10:30 a.m.
Appearing: Hob Guth, Engineer for Stoneson Development Corporation.
Mr. Guth stated that he did not feel that it was fair that he have to
present a ease at the MAC meeting. This should be done et the Board of
Supervisors' hearing.
77-553 ADDITIONAL MATTERS PRESENTED SY BOARD MF.I~SBERS
Supervisor Winston stated that he would like to commend Jay
McKeenan for his work with the County. be ie•leaving to be~number two
man at Mendiciao County.
Jay McKeenan introduced Steven Streeter who is the
new environmental technician.
Supervisor Madigan asked Mr. Biackstock if he wassatisfied with
the letter to the Department of Water Resources. Mr. Blacicstock stated
that he is taking the assumption that the letter was an error concerning
the 10% cut and that it was a •form•lettar sent out.
Chairman Richter stated that possibly a committee could be
formed to study the self insurance program. Supervisor Madigan stated
that CSAC has information on this subject and that the Board could use
this material. The Admiaietrative Officer is to contact CSAC and set
up fox the Board.
Chairman Richter stated that he and Supervisor Madigan had
attended a meeting concerning an assessment district for drainage in
the £us~ii:k Avenue area of Chico. The Board should ask the Planning
Commission to teview the urban bouadariea.
ADJOURNMENP:
There baiag aothiitg further before the Board at this time the
meeting was adjourned at 3:25 p.m. to recoaveae oa Tuesday, March 22, 1977
at 9:DD a.m.
ATTEST: CLARK A. NELSON, COUNPY CLERK
Chairman, ,Boa rd of Supervisors
sy:
Board of Supervisors Clerk Page 71.
March 16, 1977
~~: ~
March 22, 1977
STATE OF CALIFORNIA }
SS.
COUNTY OF BUTTE )
The Board of 5uperviaors met at 9:00 e.m, pursuant to
adjournment. Present: Supervisors Lemke, Madigan, Moseley, Winston
and Chairman Richter; Clif Nickelson, Administrative Officer; Dan
BLackstock, County Counsel and Clark A. Nelaan, County Clerk by Margie
Cott, ~Cierk of the Board of Supervisors.
Pledge of allegiance to the Flag of the United States of America
Tavacation by Saperviaor Lemke
77-~4 APPROVAL OF MINUTES
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the mim~tes of Match 1S, 1977 were approved
as mailed. -""'
77-555 COl44JNICATZONS
John D. Drake, Chico. Mr. Drake appeals decision of Board of Zoning
~~ z~ O ~ Adiusta:ent in the denial of a variance for AP 44-54-01 sad 42-03-11.
Referred to County Counsel for s report back next week.
Friends of Butte County. Mr. Course sends letter requesting Planning
,~3,b'd Commission inatitate a detailed study of the northwest Chico area.
Discussed; Planning Commission hen been instructed to make a study.
Northern California Emergency Medical Care Council. President Shan
C~`G.0 ~ Patterson sends comments concerning Board decision concerning funding
of the EMC grogram. Supervisor Winetoa to report to this Council that
Butte County will discuss with Shasta County reduced rate of funding.
Pacific Telephone and Telegraph Company. Files claim against county for
~ damages to their telephone lines during the reconstruction of Eaat
a p.7~ Shasta Avenue in the amount of $2,Sp0. Referred to Public Works;
Administrative Officer to write formal letter to County Insurance
carrier.
William E. Stove. Appeal Conditions 3, 4 and 14 of list of conditions
0 ~ to tentative map for parcel member AP 42-03-03. Set for hearing on
~/ =j, April 5, 1977 at 10:30 a.m.
77-556 REPORT ON MEDICAL INDIGENT POLICY: POLICY ADOPTED
Supervisor Winston reported oo the committee meeting with
Supervisor Moseley, Administrative Officer sad Jerry Lively concerning
medical indigent policy. The Administrative Officer had furnished the
committee with background material and they were brought np to date by
e list of claims for these services.
Committee recommends the following:
1. That we adopt a policy by stating that there is no man, woman or
child is the County of,Butte•which w111 au£fer•becausa of lack of adequate
medical protection, this-includes ,illegnl~~aliens.
2. It is unfair for one sector to bear the brunt of providing the
treatment free. Committee urges the re-affirmation of policy adopted by this
Board in 1974, which is sek forth in a s:emorandum covering several points. This
seta forth the criteria for'processiag claims' sad making payment.
_ -- - Page 72. •• ,~ March 22, 1977
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March 22, 1977
s r w s s r s s a r~ s r s re .¢ s r r r s s a a s s s s s r r r r
4. Instruct Administrative 0€fioer-•to•-rsajaia•-ia-coaetant.•caatact.
with••ehe 6tate Legislature to urge passage of Legislation whereby the
•Loaal -communit~{es wi,1.~. b~ r@.i~mbursed •foi. expenses-aineurred is treatment of
illegal aliens. - -
5. Recommend that the current billing to date in the amount of
some $7.000 be reimbursed according to policy set out to the previous
policy.
Policy and report discussed. it was was asked if there was nay
way that these people could be returned to the country of origin, after
the emergency medical aid was given to them, Suggested that the County
could have an understanding with the hospital that if the County is to
pay for the services, the hospital will notify the Immigration Department
of the presence of said alien.
It was stated that the community should understand that this is
for emergency care only; it is not for clinical care.
Oa motion of Supesvisor Winston, seconded by Supervisor Moseley
and carried, the recommendations set out .above: were approved and
policy for payment for emergency medical care for'iilegal aliens approved.
AYES; Supervisors Lemke, Moseley, Winston and Cd~airman Richter
ABSTAINING: Supervisor ltadigaa
RECESS: The Board recessed at 9:20 for as eaecutive session.
RECONOENED: The Board recomeaed at 9:30 following an ezecutive session.
77-SS7 PUBLIC FEARING: STILSON CANYON REZONE FROM A-R TO S-R (SUB[TRBAN
RESIDENTIAL), PROPERTY LOCATED ON SO4TF SIDE OF STILSON GANYON ROAD, NORTH
SIDE OF DOE MILL ROAD S BAST SIDE OF BRIICE ROAD, CHICO: FIND THAT E.I.R.
INSUFFICIENT: CONTINUE HEARING TO MAY~'•24 1977 at 9:30 a.m.
Public hearing on the Stilaoa Cangon re~coae from A-R to S-R (suburban
residential), property located on south side of SCiisoa Canyon Road, the
north side of Doe Mill Road, and the east side of Bruce Road, Chico was held
as advertised. Jim Lawson, Planning Director, gave a brief background
report of ehis matter. Zaniag proposal explained. Fe stated that the first
thing the Board would have to do would be to certify the E.I.R.
Dan Biackatock, County Counsel, stated that there was litigation
on this zoning; a writ was brought on this. When the Board referred this
back to Planning for reconsideration, the case was dropped.
Supervisor lTiastoa questioned Mr. Nelson about the E.I.R.; he
felt it was a little confusing. Mr. Nelson stated that this project
was in the middle of the transition of changing aver to the E.I.R. .
Department; it had been prepared by Sap I'scxeeaan, who has since Ieft
employment with Butte County. it was:#e1t that the E.I.R. was biased
sad with a little work the bias could be removed from the E.I.R.
Mr. Nelson feels that this work is necessary.
Oa motion of Supervisor Lemke, seconded by Supervisor Madigan sad
unanimouslq carried, the Board found that the B.I.R. was iasuffient and
referred it back to Mr. Nelson for his revision.
Chairman Richter set oat statements contained within the E.I.R.
Mr. Nelson stated that the problems would be dealt with in the revisions.
Hearing eoatim~ed to May 24, 1977 at 9:30 a.m.
Page 73.
March 22, 1977
~ ~''ti
March 22, 1477
a s a s s ~ a t a s a a s ~r e r a s rt s~ ~~ c s ^e s a ~~ s~ a s
77-558 AWARD OF BID FOR LANDFILL COVER MATERIAL FOR NEAL 80AD
Law bid fox 50,000 cubic yards for Nesl Road landfill was
B, C. Richter and Tri-G Corporation for $91,500,
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimousiy carried,award of bid far landfill cover material for 50,000
cubic yards for Neal Rond ass awarded to low bidder, e. C. Richter and
Tri-G Corporation in the amount of $91,500.
77- AUTHORIZE PURC8A6£ OF SIIAPILJS WATER TANKERS FOA CO, FIRE DEPARTMENT
Oa motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, County Fire Warden and Purchasing agent was authorised
to pursue the securing of three water tankers through the federal surplus
program at no cost for the County of Butte.
77-560 APPROVE BUDGET TRANSFERS; ADMINISTRATIVE OFFICER DESIGNATBD AS CONTRACT
ADMINISTRATOR FOR UPPER RIDGE FIRE STATION CONSTRUCTION
Budget Transfer for Upper Ridge Fire Station discussed. It was
asked if anyone had been made responsible for contract administration.
Cloy Castleberry, Director of Pubiie Works, explained how the other fire
station contracts were handled. Mr. Castleberry signs ail Che claims for
these contracts. Mr. Castleberry said he would work with the Auditor oa
this matter.
It was moved by Supervisor Winston that the Director of Public
Works be designated as administrator of the upper Ridge Fire Station job.
Motion discussed; motion withdrawn.
On motion of Supervisor Wiaseon, seconded by Supervisor Lemke sad
unanimously carried, the Administrative Officer was designated as contract
administrator of the Upper Ridge Fire Station,
On motion of Supesvisor Winston, seconded by Supervisor Madigan
sad unanimously carried, the following budget transfers were approved:.
B~52 Orville Judicial Court. Transfers $100,.from office expense to
memberships to provide for Judge Savages membership in the California
Judges Association,
B-8~ Plant and ec~v3~ent aceuistion. Transfers ~4~000 from
revenue sharing st~ctures and improvements to Upper Ridge Fire Station
architect and engineering services.
,~~0 County Service Area Ne, 26, Increarses allocation of revenues '
in County Service Area Na. 26 (Theraelito Sewer) by $31,5'73.46 to reflect
interest income on funds in deposit.
77-561 REPORT ON RESTER FOWLER, ET AL, PETITION OONCERNING USE PERZIIT GRANTED
BARBARA GATES FOR WRECRIRG ]fARD IN OROVILLE
Report from County Counsel on Heater Fowler, et al, petition concerning
use permit granted Barbara Gates for wrecking yard in Orvville discussed.
Mr. Blackatack states thaC there is ao violation o~ the use permit. It appears
that nothing can be done.
Mr. Joe McCartneq set out the problems invoived concerning this
operation. Two children were almost hit by a tow truck and a wheel came
off a car and hit another automobile.
Page 74.
March 22, 1977
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March 22, 1977
s s s s s a a s a s r~ s r s s s a s s s s s a s s a s s s a s a a a
Supervisor Winston asked where these complaints were taken. Wha
would imreatigate these matters. Highway Patrol of Sheriff would investigate
any problems reported to them.
Mr. McCnrtnep will review County Counsel's report on this matter;
no action taken.
77-562 AUTHORIZE Et~LOYEE HEALTH INSURANCE PLAN TO GO TO BID: BIDS TO SE
APEKEA ,APRIL 26 1977 at 11:00 a m.
Employee health insurance plan bid specifications have been
prepared to obtain competitive bids for the employee health insurance plan.
The~specificatioas also provide alternate informational call for a partial
self-ineurad plan.
Jim Rackerby, Personnel Director, explained the plan. What they
are asking for today is to submit the current County plan out Co bidders.
There are no changes is the bid plan. Employee Association will be discussing
same improvements to the lea in the upcoming discussions.
Specs will be printed and distributed to the local agencies
that might be interested.
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
unanimously carried, call for bids for employee health insurance was
authorized, bide to be received no later than April 26, 1977 at 11:00 a.m.
77-563 ADOPT ORDINANCE 1809; APPROOE AGREEMENT FOR SALE AND AUTHORIZED PUBLIC
WORKS TO APPEAR BEFORE PUBLIC UTILITIES OOMDiLSSION REGARDING GRADE SEPARATIONS
On motion of Supervisor Madigan, seconded by Supervisor Lemke and
unanimously carried, the following action was taken:
1. Waived second reading of Ordinance prohibiting use of countq
highway by commercial vehicles exceeding a gross weight of 14,000 pounds,
edogted Ordinance 1809 and authorized the Chairman to sign.
2. Approved agreement for sale (Bald Back Road 44605A-71-2),
authorized Chairman to sign and authorized Auditor to issue warrant upon
demand of County's escrow agent €or following:
R. M. Jordan, et el 0.219 acre $263 No impr. Total $2b3
3. Authorized Public Works to appear before Public Utilities
Commission hearings to establish 1977-78 priority list of grade separation
pro~ecte (Baggett-Marysville Road @ Western Pacific Crossing 4-202.7 sad
Dayton Road Ca Southern Pacific Crossing C-183.$.
77- b4 RE-AFFIRM SUPPORT OF CAI, IRAN THREE-LANE HIGHWAY-STATE ROUTE 32
Clay Castleberry. Director of Public Works, requests Board's
permission to reconfirm County's support of the State's intent Co build
a three-lane highway, Wast Sacramento Avenue, etc. It does provide for a
bike lane and it was felt that the benefits received_woald,outwveigh-the
loss of the removal of the trees. Request discussed.
On motion of Supervisor Wiaatoa, seconded by Supervisor Madigan
and unanimously carried, the Board re-confirmed their support of the Cal Tray
three-lane pro,~eet on State~goute 32, West Sacramento Avenue area.
Page 75.
March 22, 1977
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March 22, 1977
o a r re r ~e te a: s s ~ 4 s r r e r s: e s s s s s r s r r:: e a
77-565 AWARD OF BID-OROVILLE-QUINCY HIGHWAY (FAS V-366S~T0 JOHN MC AMTS
Due to litigation, award of bid for the Oroville-Quincy Highway
(FAS V-366(1) waa held off. It can now be awarded.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and uaenimausiy carried, bid for Oroville-Quincy Highway {FAS V-366(1) was
awarded to the low bidder, Joha McAmis is the amount of $318,930, sad
the Ohairman was authorized to alga the contract.
77- 66 IDTFORMATIONAL ITEMS
Clay Castleberry, Director of Public Works, presented the
following informational items: ----
1. Pearson Road Construction-Public Works will advertise in about
two weeks, after installation of a storm drainage pipe for CSA 38; Public
Works will negotiate for purchase of water from ParadiBe Pines for this project.
2. Durham Highway Construction - they will be bid next week; bridge
crew authorised to extend a box culvert.
3. North Avenue Construction - Budgeted east to Via Verona. Subject
to curb, gutter snd sidewalks. People ask if County would fiaanee for one
year subject to filing lien agreement oa property-estimated cast about
$10,000.
77-567 APPROVE COOPERATIVE AGREEMENT FOR LOWER HONCOT ROAD PROJECT: ADOPT
RESOLUTION 77-48
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and unanimously carried, County-State agreement No. 34 for construction of
Lower H~oacut Road from State Route 70 to 0.3 mile west of Palermo Honcut
Highway, (FAS Rte. Y694) was approved, Resolution 77-48 authorizing execution
of County-State Agreement No. 34 was adopted aad~the Chairman authorized to
sign.
77-568.PUBLIC HEARING; LT. R. E. CHERRY, ET AL-REZONE FROM A-2 (GENERAL) TO
TM-40 FOR PROPERTY ON BOTH BIDES OF LITTLE CHICO CREEK, CHICO: ADOPT
ORDINANCE 1810
The public hearing oa the Lt. R. B. Cherry, et ai-rezone from A-2
(general) to TM-40 (timber mountain, 40 acre parcels) for property on both sides
of Little Chico Creek, 1/2 mile east of State Hwy. 32, containing 1,572.94
acres, more or less, Chico was held as advertised. E.i.R., is this case,
a negative declaration, revl.ewed at this time. Basis for negative declaration
set out. This project begea:under the old guidelines and is being handled
under the new guidelines. .It was~feit.that there would be no adverse
impact from this rezoning.
Hearing on the negative declaration opened tc the public at this
time. Appearing:
1. Lt. Cherry, speaking in support of the negative declaration.
Hearing closed to the public and confined to the Board.
Oa motion of Supervisor Winston, seconded by Supervisor Madigan
and aaanimaualy carried, it was found by the Board that there will be no
significant adverse effect from this rezone,'and approved the negative
declaration.
Page 76.
March 22, 1977
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.............:a~~::2i X977........:.... .
Jim Lawson, Planning Director, set out the background of the
rezone. Total area to be rezoned set out.
Hearing opened the public. Appearing:
1. Lt. R. E. Cherry; he urged adoption of the rezone. He
stated that the property owners is the area favor the rezone. All of
the property is within the Williamson Act and has been used for grazing.
The property owners plan oa remaining in Che Williamson Act, The zoning
now would be a protection to them.
2. Mr. Rues Croninger, representative of Ringel ~ Asaociaees,
and representing Mr. Don Hayes, Jr. His client would like a chance to
proceed with Mr. Lawson far a total rezone of the entire area. It was
stated that Mr. Hayes hoe no property fa the area being rezoned.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Madigan, seconded by Supervisor Winston
sad unanimously carried, rezone request approved, Ordinance 1810 zoning
a portion of the County a "TM-40" (timber acouatain) district, pursuant to
Chapter 24-29, was adopted, Chairman authorized to sign, and with the
finding that the zoning is consistent with the General Plan and that
the negative declaration was previously approved.
77-569 HEA$ING: I[+~ROVEMENT STANDARDS FOR SUBDIVISIONS, SITE IMPROVEMENTS,
AND PARCEL MAP PURSITANT TO CHAPTER 20 OF COUNTY CODE RESOLBTION 77-49
lmprovemeat standards for subdivision, site improvements,
and parcel maps pursuant to Chapter 20 of ButCe County Code discussed.
Mr. Castleberry stated they had a meeting in his office with Ron Graves.
Copies of the standards were given to the Board members and to the
engineering profession. These improvement standards will bring up to date what
was previously adopted.
Mr. Castleberry stated that the urban standards are a separate
item. They should be sent to the Planning Commission with the in-put
from the Cities and MAC. He suggested that the Board not hold the hearing
on the question of urban improvements at this time. That whole packet
should be sent to the Planning Commission for hearings.
Matter of curbs, gutters, sidewalks and drainage is urban standards
referred back to the Planning Commission.
Resolution adopting improvement standards for subdivisions, site
improvements, and parcel map discussed.
Oo motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, Resolution 77-49 adopting improvements standards
for subdivisioae, site improvements, and parcel map pursuant to Chapter
20 of County Code was adopted and Chairman authorized to sign.
Policy ordinance referred to Planning Commission for a report
hack co the Board at a later date.
RECESS: 10:40
RECONVENED: 10:50
Page 77.
March 22, 1977
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77-570 DISCUSSEON OF PARKING AT 196 MEMORIAL WAY, CHICO: AUTHORIZE
SIX SPACES TO BE SET ASIDE FOR THIRTY MINUTE PARKING
Parking at 196 Memorial slag, Chico discussed. This is e
very congested area Bad there is a problem with people sot being able
to find a parking place. It hss been suggested that the County stencil
six of the spaces for 30-minute parking; this would give the people time
to park, go into the Iibraryr and then get out ofTthe parking space.
Oa motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, Public Works was authorized to paint aia
thirty-minute parking spaces at 196 Memorial Way; Chico,
Ciif Nickelson, Administrative Officer, asked if it was possible
to get the two-hour algae up va Memorial Way. This might start to force the
people into the parking lots. If possible, authorztq should be granted to
taw the people away that park all day. This area seeds relief from the
ell-day parking. Teachers and students should avail themselves of the
privilege of the $6.00 parking fee st the college'.
77-571 ADOPT RESOLUTION 77-50 OF INTENTION TO PURCHASE CHICO $IG$WAY
PATROL FACILITIES FOR SHERIFF
Purchase of Chico Highway Patrol £acilities for Sheriff discussed.
Supervisor Nadigea said iC was his understanding that the owner is willing
to sell the property for $80,000 and give the County possession of the
rents. In this way the County could re-coup the additional $5,000•over the
(SfPgr'of $75,000 the County had originally offered the owner.
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and carried, Resolution 77-50, notice of intent to purchase the Chico Highway
Patrol facilities for Sheriff was adopted, hearing set for April 19, 1977 at
9:45 s.m. for purchase said property at 8 cost of'$B0,000, with the
understanding that the County would have the rents for facility until
the Highway Patrol moves from said property, sad the Chairman was authorized
to sign. AYES: Supervisors Lemke, Madigan, Moseley and Chairman Richter
NOES: Supervisor Winston
77-572 APPROVE THE 1977 HOME WINTERIZATION PROGRAM
The 1977 winter program is designed to winterize and make minor safety
and health repairs to 141 low-income housing unite.
On motion of Supervisor Madigan, aecoaded by Supervisor Lemke and
unaaimauslq carried, the 1977 home winterization program and budget s5ere
approved and the Chairman authorised to sign.
77-573 APPROVE SEATING OF REPRESENTATIVE FROM CITY OF OROVILLE ON ADMINISTERING
$OARD OF COk4lUNITY ACTION AGENCY: MRS. BONNIE HUNTINGTON
On motion of Supervisor Winston, aecoaded bq Supervisor Madigan
sad unanimously carried, seating of representative from City of Oroville an
Administering Beard of Community Action Agency was approved with the
appointment of Mrs. Bonnie Huntington, representative of public sector.
77-574 APPROVE RENEWAL OF VARIANCE TO SECTIONS 19-LO sad 19-12 OF COUNTY CODE
FOR EDGAR C. NORWOOD BANGOR AP 028-13-024-0
On motion of Supervisor Lemke, sacoaded by Supervisor Madigan
and unanimously carried, renewal of variance to Sections 19-10 and 19-L2 of
the Butte County Code was approved for Edgsr C. Norwood, Bangor. (AP 028-I3-O24-0,
Zoning A-5).
Page 78.
March 22, 1977
r"1 r'~
s ass::sesss ssaar-hs =2i s977a essassnse~naie~s
77-575 AUTHORIZE DR. 3VIHUS TO PURSUE DEVELOPMENT OF A DRUG REHASiLITATION
FACILITY IN NORTR VALLEY AREA
Dr. Svihua requests Board authorisation to pursue the development
of a drug rehabilitation facility is the earth valley area. Request discussed.
On motion of Supervisor Lemke, seconded by Supervisor Winston
and unanimously carried, Dr. Svihus was requested to pursue the matter of
development of a drug rehabilitation facility in the worth valley area,
and then bring back a reco~endatioa pursuant to No. L on his memo, and
ko make a formal recommendation for said facility.
77-576 HEARING: MR. C06DIER OF STATE RESOURCES AGENCY EXPLB.INED.FQE$E STATR
STANDS AS IT RELATES TO SURFACE MINING PROCEDURAL ORDINANCES AND RECLAMATION PLANS
Robert D. Goodier, engineering consultant, California Division of
Mines and Geology, stated he had been working with the State concerning surface
mining act that was passed in 1975 and became effective January 1, 1976.
Under this Act, the County would have a reclamation plan prepared for surface
mining operations.
Surface miaiag set out. The act does not state when these permits
are to be required, however, it is a legal point that County Counsel could
address. Mr. Goodier felt that the requirement was effective January 1,
1975. Other counties have adopted ordinances. The Law requires the Board to
develop guidelines for January 1, 1977. The State Resources Agency did adopt
guidelines on December 26, 1975; the official Copy has not been distributed
as yet. Advance copies are available. The act makes it clear in Section 2774
that every lead agency shall adopt an ordinance that should be continuously
reviewed. The act is operational as of January 1, 1976.
Appearing:
1. 3ames Lenhoff. He said he was still confused by Mr. Goodier's
remarks. He spoke concerning the proposed ordinance and preparation of
guidelines. He said the mixing people would like to look at the guidelines
when they are available.
2. James Hanson, Oroville, stated thaC Mr. Goodier had said that
there had been no changes in the advance copy of the guidelines. Mr. Henson
and Mr. Castleberry compared the guidelines they had received and their copies
do not compare,
County Counsel stated that he had a copy of the guideline policy.
The Committee will get together, look at the policy, and will report back
!a the Board within two weeks with some type recommendation in this matter.
Mr. Blackstock explained about the company that has as operation
on State property for gravel extraction; the option for this land rune out
is May. The County realizes that this company would have a substantial loss
if they do net get the option renewed in May. The committee will come
back with a recommendation next week.
77.577 ERROL H. HALL-RECONSIDERATION OF TENTATIVE•PARCEL MAP, AP 42-04-06,
FOUR LOTS NORTH SIDE OF RWY. 32 BETWEEN MUIR AVE. & KENNEDY AVENUE CHICO
The hearing oa the Errol H. Hall reconsideration of tentative parcel
map, Ap 42-09-06, four Iota, north side of Hwy. 3~, between Muir Ave. and
Reanedy Avenue, Chico. was continued to Tuesday, March 29, 1977.
77-577 HEARING: ADOPTION OF UNIFORM FIRE CODE
Hearing oa the adoption of Uniform Fire Code held at this time. ~
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March 22, 1977
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March 22, 1977
s s s e s s s w w~ s w n w a: r s w s w w w s s ~e a s s ~a w c w s
Supervisor Winston said he has read statements in the paper
relating to how controgersial this Code is; although it was felt it was
not all bad. There are many things covered by this code. He feels that
there hsa to be some protection built in for certain accupeacy and that
there are things in the Code that he feels are necessary.
It was suggested that maybe a.aommittee should be appointed of
$oard members to go over those things that should be deleted. That would be
the proper Ching to do at Chis time. Supervisor Winston requested that
someone £rom the building trade, together with Mr. Paulus, be placed on
the Committee. Chairman Richter, Supervisor Winston, Mr. Paulus, someone
from Pubiic Works and someone from the building trade will be the committee
to meet and will bring back a typed up recommendation to the Board for
study and review.
Rearing opened to the public. Appearing:
1. James Hanson, Oroville. Set out hie opposition to the
uniform fixe.~cade.
2. Mr. Paulus, County Fire Warden, felt that the approach the
Board is taking is good. He went on record as saying he is opposed to
creating a beaurocracy. This code will not infringe on p;ivate property
or homes. They are not advocating anything that does easy with Noma owners
rights.
i-pril 12, 1977 at 11:Op a.m. set for time to receive the committee s
recommendation and further discussion of the code. Peiple could pick up
copies of the proposal typed up in the Administrative Office the week before
the 12th.
77-578 APPEARANCE: MR. WALTER STURG80N, OROVILLE.
Mr. Walter Sturgeon' 2880 Quincy Road, Oroville, stated he had
applied for a variance fora mobile home to be used bq his parents sad
to be placed on his property oa Quincy Road. He has to take care of his
elderly parents when they are released from the hospital. The property
ie is a A-R district sad does not allow mobile homes.
Request to place said mobile home on his property discussed.
Re was told that the zoning for the property would have to be changed.
There are some mobile homes that could be placed6n a concrete foundation
and would be allowed,
Mr. Castieberrq will get together with Mr. Sturgeon and
determlae if they can solve the problem.
77-579 REARING: CONSIDERATION OF INTERIM ZONE FOR THE AREA COVERING THE
DAB HAYS, ET AL, REZONE AND ADJACENT AREAS IN THE VICINITY OF THE CHICO
MUNICIPAL AIRPORT (CONTINUED FROM MARCH 16, 1977): ADOPT ORDINANCES
N0. 1811. 1812 & 1813
Consideration of interim zone for the area covering the Dan
Hayes, et al, rezone and adjacent areas is the vicinity of the Chico
Municipal Airport held at this t1me. Jim Lawson, Pianaing Director,
set out the plan for the area. They propose a A-40 zoo that would include
the Keefer Road area. S-R-1 area set out. This would include both sides
of Eaton Way. They request a 120 day initial Interim proposal.
A joint meeting ie scheduled with the County Planning Commi.esioa and with
Chico Planning Commission.
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March 22, 1477
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:... ,......... Mach 22d 1977..:.... ,... ...... .
Hearing opened to the public. Appearing:
1. Mr. RueslCroniiege;,Riagei and Associates. He stated that
they were doing s tentative subdivision adjacent to the airport, on
Cohasaet. The zone there is now A-2. The subdivision will be residential.
He agreed that there is a noise element there but he does not think the
noise will bother the people. He does not like to see an interim placed
Pn this property.
Hearing closed to the public and confined to the Hoard.
Supervisor Winston questioned Mr. Lawson about the area sad proposed
interim zoning. He asked if there would be a recommendation from Planning
before the 120 days expire. Chaisman'Richter stated the County was going
to have to provide some assistance to the Planning staff. The Board should
authorize that theq get help for putting together the information needed
to make a decision for that area regarding permanent zoning.
Mr. Lawson will come back to the Hoard with a recommendation for
staff for securing information to making a decision on the Hays rezoning.
Oa motion of Supervisor Madigan, seconded by Supervisor Winston
and unanimously carried, the following ordinances were adopted, and
Chairman authorized to sign, with the finding that they are consistent
with the General Plan:
Ordinance 1811, zoning area ea S-R District
1812, zoning area as S-R-1 District
1813, zoning area as A-40 District
77-~80_ REPORT ON MR. STURGEONS REQUEST FOR VARIANCE FOR MDBILE 1i0~
Supervisor Winston stated that Mr. Castieberry had met with
Mr. Sturgeon. Se read notice of details of said conference. A mobile
home with less than 500' could be used as a guest house subject to
there being ao cooking area. County Counsel stated that this could not
be done under the present ordinance.
No action taken.
77-581 HEARING: WILLIAM B. HANSELL, ET AL (CITIZENS GROUP) REZONE FROM A-R
(AGRICULTURAL-RESIDENTIAL, 1 ACRE LOTS) PROPERTY SOUTH OF OLIVE HIGHWAY.
EAST OF OAKVALE AVENUE, NORTH OF EASTWEST CENTERLINE OF SEG. 23 6 24,
T19N RkE ANA WEST OF WEST BOUNDARY LINE OF SEC, 18 6 19 T19N RSE OROVILLE
The continued hearing oa the Wiliiam 8. Hansell, et al (eitizena
group} rezone from A-8 (agricultural-reaideatalil acre lots) property south
of Oiive Highway, east of Oakvale Avenue, north of eastwest centerline of Sec.
23 ~ 24, T19N, R4E, and west of went boundary line of Sec. I8 & 19, T19N,
RSE, Oroville, held ae continued from Marsh lfi, 1977. The Board had
asked to see a re-grouping 'of parcels less than one acre. Map net out
by Mr. Lawson, setting out the parcels, also the sewer line that is
available. The 'pattern is to subdivide the larger areas with road frontage.
It wta suggested that maybe the area should be studied further for planning.
Supervisor Moseley stated that Jolene Biake had informed her
that the petition contained only 58X valid signatures.
Supervisor Winston said that in all truthfulness, he could not nee
that a rezone to S-R-1 makes any sense at all. If the County starts checker-
board zoning, it would be bad,
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March 22, 1977
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On motion of Supervisor Winston, seconded by Supervisor Lemke sad
carried, petition for rezone from A-R (agricnltural-residential, 1 acre lots)
property south of Olive Highway, east of Oakvale Avenue, north of eastwest
centerline of See. 23 6 24, T19N, FI+E, and west of west boundary line of
Sec. I8 & 19, T19N, RSE, Oroville was denied.
AYES: Supervisors Lemke, Moseley and Winston
NOES: Supervisor Madigan and Chairmen Richter
77-582 WAIVE FIRST READ: ORDINANCE AMENDING SECTIONS 15-28 and 15-29 OP COUNTY
CODE DEALING WITH APPREHENSION OF PERSONS WHO WILLFULLY DEFACE 4R DESTROY
OOUNTY ROAD SIGNS AND DUMPING TRASIi ETC. ON COUNTY FROPERTY
On motion o£ Supervisor Madigan, seconded by 6upervisor Lemke
and unanimously carried, first reading of ordinance amending Sections 15-28
and 15-29 of the Butte County Code dealing with the agprehension of persons
who willfully deface or destroy county road signs and dumping trash, etc.
oa county property was waived.
77-583 WAIVE FIRST READING: AMENDING CARD ROOM ORDINANCE: ORDINANCE 1789
Proposed amendment to card room ordinance No. 1789 discussed.
Dan Blackstock, County Counsel, had ^eat the Board members a packet settiatg
out the amendment. Rea Nickelson, Deputy Sheriff, present to answer any
questions the Board members might have. County Counsel agreed with all
recommendations. Condition relating to citizenship should be removed;
it is found that this would be unconstitutional. Changes to the ordinance
discussed.
On motion of Supervisor Winston, seconded bq Supervisor Madigan
and unanimously carried, first reading of ordinance amending card room
ordinance No. 1798 was waived, with say mention of citiseas being deleted.
T7-584 DISCUSSION OF APPOINTMENT OF "HEARING OFFICER" FOR SUBDIVISION
COMMITTEE NOTICE OF VIOLATIONS: ADMINISTRATIVE OFFICER TO BRING SACK
RECOMMENDATION FOR APPOINTMENT OF THREE HEARING OFFICERS
Appointment of 'Blearing Officer" #or Subdivision Committee notice
of violations explained by County Counsel. He requested that the Board
authorize Administrative Officer to bring hack names for the selection of
three hearing officers. These officers will be attorneys. Mr. Biackstock
felt Chat now is the time to go ahead with the concept of hearing officers.
Procedural net up explained. Recommendations of County Counsel
discussed. These officers will be paid $75. per day.
Oa motion of Supervisor Winston, seconded by Supervisor Madigan
sad unanimously carried, Administrative Officer was authorised to bring
back recommendations to theBosxd for appointment of three Hearing Officers.
77-585 AUTHORIZE EATENSLON OF AGREEMENT WITH ENLOE HOSPITAL RE MOBILE INTENSIVE
PARAMEDIC SERVICE
On motion of Supervisor Winston, seconded by Supervisor Lemke end
carried, agreement with Enloe Hospital re mobile intensive paramedic service
wss extended and Chairman was authorized to initial the extension and
to execute the agreement.
ABSTAINING: Supervisor Madigan
77-586 APPROVE APPOINTMENTS TO BUTTE COUNTY HOUSING AUTHORITY
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, Wayne Turner wan appointed a member of the Butte
County Housing Authority,
Oa motion of Supervisor Winston, seconded by Supervisor Madigan
Pnge $2. ~'~ 22, 1477
{"'~ ^.
s s s r r r r~ s e a s s iNA;Ch 22, rl$7 ~e a s .e r re re r s r r .n ~e r r
and unsaimousiv carried, Mannel:Naran3o was appointed a member of the
Butte County Housing eiithority.
77-587 APPROVE AGREEMENT WITH BUTTE WATER DISTRICT FOR COUNTY WATER
On motion of Supervisor Madigan, seconded by Supervisor Moseley -.
and unanimously carried, the Chairman was authorized to initial and execute
agreement for 2i0 acre feet of water with Butte Water District from~Couaty
water entitlements.
77-58$ APPROVE APPOINTMENT TO OROVILLE MO5 ITO ABATEMENT DISTRICT
Oa motion of Supervisor Winetan, seconded by Supexwisnr Moseley
and unanimously carried, Mrs. Barbara Shaffer was appointed to Oroville
Mosquito Abatement District Board of Trustees.
77-589 APPROVE APPOINTMENT TO AREA II DEY£LOPMENTAL DISABILITIES PLANNING SOtARD
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, Q~eryl Blencoe wsa named as the Area II representative
of Developmental Disabilities Planning Board.
77-590 MENTAL HEALTH ADVISORY BOARD APPOINTMENT: PVT OVER ONE WEEK
Appointment to Mental Health Advisory Board put over one week
at request of Quitman Richter.
77-591 AUTHORIZATION OF LETTERS TO MENTAL HEALTH ADVI30RY BOARD AND DOCTOR
GERALD MAGUIRE GRANTED: UTILIZATION OF DETO% CENTER
Pub11c inebriates now being placed in County Jail discussed.
Letters relating to this matter discussed. One letter is from Chairman
Richter to Dr. Maguire; he suggested that a joint meeting be held.
The County is asking for support to have a tally of people going into the
jail and see if they could instead have gone to the Detox Center.
Fetters discussed. The County is trying to get information on
the people being placed is the jails as inebriates. Location of the Detox
Center is across from County Counsel's Office at the old County Hospital.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, Letters to the Mental Health Advisory Board and
to Doctor Gerald Maguire were authorized to be seat.
77-592 MATTERS PRESENTED BY BOARD MEMBERS FOR INFORMATION
Supervisor Madigan commented oa the meeting in Redding of Governor's
Task Force for the dry gears. Supervisor i'Iadigan talked to Mr. Snow about
getting suggestions from local people. This will be discussed again next week.
Supervisor Madigan distributed the letter regarding the position
of the Water•Board that wee taken yesterday afternoon.
Supervisor Lemke commented on the note from Mr. Nickelson concerning
the turn-down on the Sig Friend Grant. Supervisor Winston avid he likes
some of the funds sad programs, but does not like others. He suggested that
it might be well to contact "Bizz" Johnson about the programs sad express the
Board's displeasure about certain programs. Supervisor Lemke suggested Chat
this be discussed at the Eureka meeting of the Niae Northern County Supervisors
Association.
Report given on the Insurance Seminar held last Friday. The
County is in Big trouble. Companies do not want to write insurance for
the County. Mr. Sweeney is still trying to place the $500,000 liability
insurance. '-
Page 83.
March 22, 1977
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March 22, 1977
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Chairman Richter reported on conference held at U,S.C. At no
Cime vas any one ready to discuss the problem of increasing expenditures.
It vex suggested that CSAC should consider the problem of mandate programs
and funding, There are no provisions for 'blocking enforcement of mandates
that are not funded, It was stated that the school problem is a mess.
The assessments g0 up; the State contributions go down. There are some
real problems in the matter of increasing expenditures.
77-593ADOPT RESOLUTION 77-51_BELEASiNG JIM LAWSON A5 B,I.R. COORDINATOR
Dan Blackstock, County Counsel, stated that vlien LheEoard adopted
the original guidelines For E.I,R,S, Ms. Lawson, Planning Director, vas
temporarily appointed the E.I,R. coordinator. He suggested that theSoard
adopt a resolution releasing Mr. Lawson as said coordinator.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, Resolution 77-51 releasing Jim Lawaoa as B.I.R.
Coordinator was adopted and the Chairman authorized to sign.
77-594 REFUSE STATIONS TO BE DISCiISSED APRIL 5. 1977
Supervisor Winston asked when the Board'vould talk about the
refuse stations. It wax stated Chat this would be on theBOard agenda
for discussion on April 5, 1977.
ADJOI'JRNMENT;
There being nothing further before th~Board at this time, the
meeting was adjourned at 1:00 p.m. to reconvene oe Tuesday, March 29,
1977 at 9:00 a.m.
ATTEST: CLARK A. NEnLSON, COUNTY CLERK ~~~~ /~ J
B ~~ ~ lv~r 'Chairman of the Bo~~ard
Clerk of oard
Page 84.
March 22, 1977