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HomeMy WebLinkAboutGPA 96-02_PLANNING 5 .:'. I �Illl � � llllld 11 I IYI�� IRlls SEPARATOR:--,SHEET. „„ 011 - 34G - Gi `I Fa PROJECT NUMBER '> PROJECT SUMMARY SHEE40.', -- - FILE NO. 0 96 PROJECT TYPE: General Plan Amendment APPLICANT: Anne Russell & Don Hinton C,4 .MP-M1,atr nt �i 1, ADDRESS: , AU6 U6O R 1995 OWNER: Same �3g'JSI��a>ralffornia ADDRESS: Same REPRESENTATIVE: ADDRESS: ` PROJECT DESCRIPTION: General Plan Amendment from Grazing & Open Lands to Agricultura - Residential PROPERTY ZONED: FR - 40 LOCATED: On the east side of Centerville Road .approx. 1300 ft. south of Helltown Road, Chico AP NO.: 011-340-014 TOWN/AREA: Chico GENERAL PLAN DESIGNATION: __Grazing&Q= Lands 1. Application Complete: August 3, 1995 Amount: $ 2043.00' Receipt No.: 14959 2. Comments sent to: Environmental Health, B.C. Sheriff, Calif. Depart. of Forestry,' Public Works, Dept. Fish & Game 3. Comments received from: I• 4. Rezone Petition Signatures Checked: S. Mailing Ust/Lead-In Sheet: 6. Assigned To: 7. Environmental Determination: Categorical Exemption-CEOA# State Clearinghouse No.: Negative Declaration _Mitigated Negative Declaration Subject to Fish$Game: _Environmental Impact Report _Gen.Rule Ex.-CEOA #15061.(b)(3) Other S. Staff Report: Project Video:-' 9. Clearinghouse circulation required:Yes No Date Sent to SCH: 10: Publication Notice Written: ��—7r'� Display Ad Prepared: 11. Notices Malted: '��_ y'� Number of Notices: 12. Newspaper Publication Date: 02 O (tel_ P G B R _ 13. Planning Commission Hearing(s): Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors'Hearing(s): Action taken: Board Resolution No.: Ordinance No.: Adopted: 15. Type Use Permit/Send for Signature: 16. N.O.EJN.O.DJAPPENDIX G: Fish&Game Fees Paid: Yes No 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use Permit/Variance to Planning Technician: 96-187 Public hearing - Anne Russell and Don Hinton - consideration of a General Plan Amendment from Grazing and Open Lands to Agricultural-Residential and rezone (item on which a negative declaration regarding environmental impacts has been recommended) from FR40 (Foothill Recreational - .40 acre parcels), to FR-20 (Foothill Recreational - 20 acre parcels), property located on the east side of Centerville Road, 1300 feet south of Helltown Road' identified as AP 011-340-014, Chico. '(2923) (**00)' . MOTION: _ I MOVE TO MAKE THE FOLLOWING FINDINGS: SUBJECT TO ENVIRONMENTAL FINDINGS A-C AND GENERAL PLAN AND ZONING FINDINGS A-B, ADOPT A NEGATIVE DECLARATION FOR THE GENERAL PLAN AMENDMENT AND REZONING OF A 20-ACRE SECTION ON APN 011-340- 014 (ANNE RUSSELL AND DON HINTON); SUBJECT TO ENVIRONMENTAL FINDINGS A-C AND GENERAL PLAN WAND ZONING FINDINGS -A-B, 'ADOPT A NEGATIVE DECLARATION WITH MITIGATION MEASURES FOR THE GENERAL PLAN AMENDMENT AND REZONING OF A 20.62 - -ACRE PORTION OF AP 060-070-027 (GARLAND HART);AND SUBJECT TO ENVIRONMENTAL FINDINGS A-C AND ^GENERAL PLAN CONSISTENCY FINDING A, ADOPT A NEGATIVE DECLARATION FOR THE.GENERAL PLAN AMENDMENT AND REZONING OF A 37.6 ACRE PORTION OF APN 064-010-031 (DAN PICKARD.) M S VOTE: - l Y 2Y 3 Y 4 NP 5 Y(Unanimously Carried) MOTION: ADOPT RESOLUTION 96-74 APPROVING THE ADOPTION OF A GENERAL -PLAN AMENDMENT FROM OPEN AND GRAZING LAND TO AGRICULTURAL RESIDENTIAL FOR ANNE RUSSELL AND DON HINTON (SUBJECT TO ENVIRONMENTAL FINDINGS A-C AND GENERAL PLAN AND ZONING FINDINGS A-B)AND DAN PICKARD (SUBJECT TO ENVIRONMENTAL FINDINGS A-C AND GENERAL PLAN CONSISTENCY FINDING A), AND TDVM' ER,MOUNTAIN TO AGRICULTURAL RESIDENTIAL FOR GARLAND HART (SUBJECT TO ENVIRONMENTAL FINDINGS A-C AND GENERAL PLAN ,AND ZONING FINDINGS A-B), AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: I Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES — June 25, 1996 f I ( 96-187/> MOTION: I MOVE TO ADOPT ORDINANCE 3277 REZONING A 20 ACRE PORTION OF APN 011-340-014 TO FR 20 (ANNE RUSSELL AND DON HINTON)AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: I Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried) (SUPERVISOR THOMAS NOT PRESENT/SUPERVISOR THOMAS PRESENT) MOTION: I MOVE TO ADOPT ORDINANCE 3278 REZONING A 20 ACRE PORTION OF APN 060-070-027 TO TM-20 (GARLAND HART) AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried) MOTION: I MOVE TO ADOPT ORDINANCE 3279 AMENDING THE ZONING CLASSIFICATION TO TM-10 A 37.6 ACRE PORTION OF APN 064010-031 (DAN PICKARD) AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried) MOTION: I MOVE TO ADOPT RESOLUTION 96-75 APPROVING A CONDITIONAL ZONING AGREEMENT FOR ANNE RUSSELL AND DON HINTON SUBJECT TO THE FOLLOWING CONDITION: ACCESS TO BE SPECIFIED AS STATED BY EASEMENT TO THE PROPOSED PARCEL. M S VOTE: I Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - June 25 , .1996 D. Anne Russell and Don Hinton- proposed Negative Declaration regarding environmental impacts, General Plan Amendment from Grazing and Open Lands to Agricultural-Residential and Rezone from FR-40 (Foothill Recreational - 40 acre parcels) to FR-20 (Foothill Recreational -20 acre parcels) located on the east side of Centerville Road, 1300 feet south of Helltown Road, identified as AP 011-340-014, Chico. (SB) (File GPA96-02 and REZ96-03) (VIDEO) Mr. Betts said the applicants want to change the zoning of a portion of their property to 20 acre zoning, which would enable that 20 acres to be split off. The adjacent parcels are 10 acres in size. There-was a discussion as to how this property related to,the Open and Grazing Lands rezone of the Ag Element. The Open and Grazing Land Rezone was not adopted. HEARING OPEN TO THE PUBLIC j Anne Russell and Don Hinton were present. Ms. Russell said the lay of the land would not permit any further split. , Mr. Betts said a rezone to 20 acres would allow the applicants to submit a parcel map to create a 20 acre parcel. Commissioner Lambert said that this is a General Plan Amendment for one parcel, and noted that the Agricultural-Residential designation allows from one to 40 acres. Commissioner Cage asked if there are any buildings on the property. i Ms. Russell said the property is undeveloped. Commissioner Lambert said that it appears part of the property is already within the Agricultural Residential designation. II Mr. Betts said it is correct that a portion of the property Iies"With in the A-R designation -- the northwest corner. Commissioner Lambert suggested amending the A-R designation to include the 20 acres which the applicants want to be in a 20 acre zone, and leaving the remainder in Open and Grazing Lands. The applicants said that would be fine. Mr. Farrel said that the map could be modified at this hearing. BUTTE COUNTY PLANNING COMMISSION MINUTES - March 28, 1996 f t Commissioner Cage said that it doesn't appear that the property has access from Centerville_Road. Ms. Russell said that the 20 acre parcel does have access and one of its boundaries is the road. Chairman Seegert noted that the legal description for the access was submitted by the applicants. Michael Adams, 12466 Centerville Road, from the Centerville Recreational and Historical Association, said his group does not oppose the General Plan Amendment. They want it to be stipulated that the private road access is the defined easement that is part of the deed rather than the more convenient access road that goes through another parcel. Commissioner Nelson said the access could be required as a condition, and noted that it is agreed upon by both parties. HEARING CLOSED TO THE PUBLIC It was moved by Commissioner Lambert, for approval of the environmental documentation as stated on Page 3 of the Staff Report, public notice and comments, the recommendation is for approval of application GPA 96-02 and REZ 96-03 subject to the findings and conditions on Page 5. Under Conditions of approval add two conditions: 1. Access be specified as stated by easement to the proposed parcel. 2. That the General Plan map be amended to allow the one 20 acre parcel to be created within the Ag Residential General Plan designation and only that portion will be taken from the Open and Grazing Land. Commissioner Nelson suggested that one portion of the parcel be called FR-20 and the other FR-40. Commissioner Lambert said that a General Plan designation and a zone are involved. • Commissioner Lynch said that_it.should be clear that one portion of the property will be rezoned to FR-20, leaving the other portion as FR40. Commissioner Lambert�saiid that the-dark line on the GIS map*sliould`be moved over only far enough to-include the 20 acre parcel. --.......... � Fry: +,.�,' -• d.+�rG�.tar� BUTTE COUNTY PLANNING COMMISSION MINUTES - March 289 1996 The motion was seconded by Commissioner Cage and carried unanimously. f _ Mr. Farrel suggested that the map showing the proposed parcel area should be referenced specifically as to where the line should be placed. Commissioner Lynch said that the referenced map would be called "Exhibit B" and the General Plan Amendment would be to move the present line so the westerly 20 acres would be A-R as shown in Exhibit B, and the easterly 40 acres would continue to be in Open and Grazing Land and that the rezone be set up so that it is FR-20 on the westerly section and FR-40 to the easterly section. He noted that the line could "wiggle." Commissioner Lambert said the line should conform to the boundaries of the parcel, when the parcel is created. The motion was carried unanimously. BUTTE COUNTY PLANNING COMMISSION MINUTES - March 28, 1996 04-1 AGENDA ITEM AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Barry K. Hogan, Planning Manager BY: Stephen Betts, Assistant Planner DATE: February 13, 1996 REQUEST: File # GPA 96-02 & REZ 96-03 for Anne Russell and Don Hinton on APN 011-340-014: A request to amend the Butte County General Plan designation .from Grazing-Open Land to Agricultural-Residential and change the zoning from FR-40 to FR-20 on a 20-acre portion of a 61 acre parcel, located on the east side of Centerville Road in Butte Creek Canyon, approximately five miles from the Honey Run Bridge. This project is located in Supervisorial District 5. RELATED ITEMS: None FOR: Planning Commission Meeting of March 28, 1996 SUMMARY: The proposed general plan amendment and rezone are consistent with each other. Staff recommends that the Planning Commission recommend the Board of Supervisors approve this application. PROJECT CHARACTERISTICS: This request is to amend the Butte County General Plan designation from Grazing-Open Land to Agricultural-Residential and change the zoning from FR-40 to FR-20 on a 20-acre portion of a 61 acre parcel. This amendment is one of two GPAs which will go forward to the Board together as one of the public initiated General Plan Amendments. The 61 acre parcel has been developed with one single-family dwelling. The parcel has been extensively mined and the scars from the mining operations are very apparent. Several 100 foot plus high vertical cliffs are located on the project site, which are a result of hydraulic mining operations. The 20-acre portion has slopes that are generally less than 30%. One filled-in mine is located near the residence, and there is a good probability that other mines are located elsewhere on the project site. Vegetation on the parcel is mainly composed of small oak and pine trees, dense brush, and a few small grasslands. The applicant states that the parcel is not adequate for grazing due to the past mining operations, the topography of the parcel, and the extensive brush on the parcel. The parcel sits on the east side of Butte Creek Canyon, and ■ Butte County Department of Development Services ■ Planning Division ■ 1 AGENDA ITEM has slopes of between 0% and vertical. One small seasonal creek passes through the southwest section of the parcel. Access to the parcel is via a private road from Centerville Road. The parcel obtains its domestic water from a well, and sewage disposal is via a septic system. The nearest fire station (Butte County Volunteer Fire Station #27) is located approximately one mile away. Surrounding parcels range in size from 8 to 257 acres. Surrounding parcels are zoned FR-40 to the northeast and to the south, and FR-10 to the south and to the west. There is also FR-5 zoning located further to the northwest and southwest. The Land Use Element of the Butte County General Plan designates surrounding parcels as Grazing-Open Land and Agricultural- Residential. Surrounding land uses are rural residential, agricultural (grazing), and open space. ANALYSIS: The 20-acre portion of the project site appears to meet the criteria for a General Plan designation of Agricultural-Residential. These criteria are: 1. Beyond service area of community water and sewer systems - The project site is not serviced by any community water or sewer systems and none are located in the project area. 2. Less than 30% slope - The 20-acre project site has an average slope of 22%. Approximately 63% (12.5 acres) of the 20-acre project site is in the 10% to 20% range, with some flatter areas. The eastern section of the 20-acre project site (approximately 7.5 acres) contains slopes that are 30% to 40%. 3. Adjacent or near to existing roads and public utilities - The project site lies adjacent to Centerville Road and has access to it via a private road. The project site is serviced by PG&E power lines. 4. Not within floodplains or known active faults - The project site is not located within a floodplain and is not located near any known active faults. 5. Past official actions - Parcels adjacent to the 20-acre portion are zoned FR-10. Other nearby parcels along Centerville Road are zoned FR-5. Approval of this General Plan Amendment and Rezone will allow the applicant to submit an application for a parcel map to create a 20 acre parcel. This 20-acre parcel would be permitted to have one single-family dwelling and accessory buildings. No significant major environmental constraints have been identified for the site. The County will have an opportunity to address any and all potentially significant, substantial, incremental, and cumulative impacts relating to development of the 20-acre parcel at the time of application submittal for a tentative parcel map. ■ Butte County Department of Development Services ■ Planning Division ■ 2 AGENDA ITEM ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and is subject to the requirements of CEQA. An Initial Study Part 1 has been prepared'by the applicant and Part 2 has been prepared by County staff. Based upon the review of the Initial Study, staff has determined that the project will not have any impacts to the environment. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and was mailed to all property owners within a 300 foot radius of the subject property. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of Application No. GPA 96-02 and REZ 96-03, subject to the findings and conditions listed in Exhibit A. Exhibits: A: Conditions of Approval Attachments: A: Vicinity Map B: Site Plan k:\projects\russell\russell.gpa ■ Butte County Department of Development Services ■ Planning Division ■ 3 EXHIBIT A . BUTTE COUNTY PLANNING COMMISSION File # GPA 96-02 & REZ 96-03 for Anne Russell and Don Hinton on APN 011-340-014 : A request to amend the Butte County General Plan designation from Grazing-Open Land to Agricultural-Residential and change the zoning from FR-40 to FR-20 on a 20-acre portion of a 61 acre parcel, located on the east side of Centerville Road in Butte Creek Canyon, approximately five miles from the Honey Run Bridge. This project is located in Supervisorial District 5. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act and no potentially significant environmental effects were identified. B. The design of the proposed project improvements will not cause environmental damage to fish of wildlife or their habitat; and C. The planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of the County of Butte; and Section 2: General Plan and Zoning Findings. A. Find that the characteristics of the project site meet the criteria for inclusion into the requested General Plan designation of Agricultural-Residential; and B. Find that the rezone conforms to the policies, including the text and map of the Butte County General Plan, because the requested zone is listed as a zone that is consistent with'the requested Agricultural-Residential General Plan designation and the uses permitted by the zone will be consistent with the General Plan and surrounding properties; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, move to recommend that the Planning Commission recommend that the Board of Supervisors amend the General Plan designation of a 20-acre section of parcel of APN 011-340-014 from Grazing-Open Land to Agricultural-Residential, and rezone the same 20-acre portion from FR-40 to FR-20, subject to the conditions ■ Butte County Department of Development Services■ Planning Division ■ 4 AGENDA ITEM listed herein. B. Minor changes may be approved administratively by the Director of Development Services, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. C. Conditions of Approval: None i ■ Butte County Department of Development Services ■ Planning Division ■ 5 o U ' o .0 r Z 3 m 0 m - a / - o d � a Project Locatio J . v 0 °0 I O REZ 3 AP#011-340-014 0 d FTI GOL GOL GOL AR o . �a �o �e Project Location GOL _ BUTTE COUNTY PLANNING COMMISSION Applicant: Anne Russell&Don Hinton Owner: Same Hearing Date: March 28, 1996 cQ 9:00 a.m. Existing Zone: FR-40 (Foothill Recreational,40acre min.) A 1 Request: General Plan Amendment from Grazing&Open Lands to Agricultural-Residential No Scale Assessor Parcel No: 011-340-014 File: 96-02 FFkF5 0 Project Location FR-40 v -10 FR-40 FR-160 BUTTE COUNTY PLANNING COMMISSION Applicant: Anne Russell&'Don Hinton Owner: Same Hearing Date: ',March 28, 1996 @ 9:00 a.m. Existing Zone: FR40 (Foothill Recreational, 40acre min.) A Request: Rezone from FR40 to FR-20. No Scale Assessor Parcel No: 011-340-014 File: 96-03 DROJ c�i YAMS' Anne Russell & Don Hinton - General Plan Amendment S`.: 4P 011-340-014 FILE 96-11 30 Day Review Period Ends 5 E Review Period Ends Planninq Dwartmpn# AUG A � � OUTGOING ACTIVITY y+Q y ®I M�YY/i �W.u1 V:IllY.d Dae Agency/ --s on lknyi� R�SWL(( -i bcc, N ins„ - o - i i i i 1 i • i o a uv ,nu3 ( Sb 'bZ-�j + °)ter}Q ptv`7 uosia /./.Z=QBY C C12AI:, n JZ.1L3YMCD S61OU 8 u unv ;-C1\;3aNDa-C32i2iCC }uawpedea 6uouueld . spL� po��sa l�ia=1►a� :.r J �z.3 Uoiioa -T 7i0-o+1£-iio T r uo'In.H uoQ '3 Ilassng auuy - r APPLICATION .FOR GENERAL PLAN AMENDMENT BUTTE COUNTY PLANNING COMMISSION Punning Department AUG .0 8 8991 APPLICANT: Read and follow instructions as set forth on last page of this form. orovnw,%,a„rornia Applicant's name / Phone number R i(o `g 9 S"O 191$ Applicant's mailing address OF_41ERV I t.L t RD C H IGo 9 Q 2$ Applicant's interest in property(Owner,lessee,other) .. �� S Owner's name and address --S Mt h5 A B.o V E Contact person for project(if other than applicant) Assessor's parcel number(s) 1 ' 3,4 Street address 5 l_M E kS APW 9 Present General Plan designation b PIS.4 � (a R ADZ 1 H 4 Present Zoning FR' 40 REQUEST GENERAL PLAN DESIGNATION AC1 R iLV t.- y R ir1- i2ES l DEN'Tl k I- z �-+ Location,dimensions and size of area(s)to be amended (o.I kL d'ES N 0 RT�t O F F (�V utl3�C� (Z-D J Ek5V 0 F CG OTeP_Vlu.e RD. seS Jkli FSG t{E_t� LE(4A-I- DESc-RLPTi onl w . CPftk(,eC, y ANa -MOU `1- HA-P• F z a Applicant's reasons for amendment SPLIT 0 FF O N G C•RE '5/ N E.)t•l? • FA M i t..y a REsIDe! NrlAl- PPC'KCE�_ZOFP.-2o- nwER.T4 WIK USED n4sjs6gei.`{ � coMMe-Rc-i/-L MINI l, W S WjRo016A uSED FOR �Rft7-tN (LW� p�rJD��Y o"r =VtTA'gt,.E V-bR 61pAz•IN . PEt;?y FF_ emREs 1pREDc OcDwTWotlkt- SPLxrS .•1e>E,40r4D ONG 'LO - Picas 5PL.LT. Proposed scheduling/Associated projects(formation of service district,etc.): NONE. Anticipated incremental development (future development plans subsequent to General Plan Amendment: IF cleN 9E7.00(5 h-RE k-PP;?OVEb, CC t ayR i TI:.11f'nc) PJ -m seL.L. 11-ts 1A - Prc*e PNRLe�- A-s 1S, wtim uT "� igvELx PtMemT. Existing/proposed sewage disposal method: SePTI C- (Rrd RIE Proximity of power and phone lines: o (3 P PRoX I M A-tEI..� Distance to natural water course or storm drain: 5 EA->C t41, C REQ R00'5 TKRCV61 t� th peknc r3 OF VPPFQ 'N 6(.Re5 � WWG(Z' 2) A-cRES . Watersource: UJPPQQ 14-1 ' t►JaW- LaweR 1,0 = 1= r , 'r `, 7� art -. _�. '�, f, �e ,if"• •,' .r �l Y�r'r.; Y.. . .rf f�. � l_�. .r.. � •r'. .. 1 '�','� .'r y�r'_..r n.+ F,•r'.�( r '. 's. f �s -..��1 { >. t � '�°,.t a, :j. F- 4ty; .� r- - r .. � �•�r7' .'r � (:. :.%ri • � . .i •J�.. . Fr_P,... '/fir••. •r: ... •-�� f �' �(. • r.4.� - ��� � '�. . :' 7 s . 1 ' V r. . f: �J t � .,.. . .rJ •f;' - , r '.'t Ll," '•� -r• •5+. r... ,•r r j 1 • t';>,. i ;' `r•,�:r �'• it ": • 1 w Proximity of water forfire fighting purpose (hydrants,ponds,etc.): APPROK I M 1.im VOLS wTE- -a Ft ae laT pr-noo it'2 .tj kTE 2?'ft N K Y2 hA:'t: Ta B V rte G RECl< { f y. M 1. Ta Po ATI o M Will excavation or grading be necessary? N1 0 Cubic yards(estimate): List and describe any other related permits and other public approvals.required for this project, including those required by city,regional,State and Federal agencies: . 40r1E (To oUR KtxL'Jl,abe_qIE ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES Identify potentially significant environmental impacts associated with the General Plan Amendment.What project design features or. special conditions of approval (mitigation measures) are proposed to alleviate potential environmental impacts? tfo�tE . lT 15 OORWL-tr�F lIctikT, I /�DD'�. 20-Nz.*6 Sf)JcgLe F-N-mtL-q RE5tMoTl t.- VpPrRceL_ wj&.L_ pasE No Iµ,PPre_'f OIJ 1-1+E 6PVtRO4Pt.ENTO z TQKF-F R6savACES. a a w Z ENVIRONMENTAL SETTING (� Describe the project site as it exists before the project, including information on topography, soil stability, a plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, a and the use of the structures. a • Describe the surrounding properties,including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one- family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, setback,rear yard,etc.). SSE Atli kc t+6b . A'anwSns�61r�narkm��t4 AUG n Q 11,195 Ltrn��i9?� 8_aAis'c�varasa 2 •� w' ' ` l i 1 I • � `/; .r .- mac ;�'. -r_ - .; � •P. �.. �r y., ` ', I hereby declare under penalty of perjury that T Have read and understand the instructions and that the foregoing statements.are true,complete and correct to the best of my knowledge. Dated 2 `q Applicant's signature �-+ U 9VA -,Dated ��Z �-S Property owner's signature� �' � Project file number ; Request: General Plan Amendment to Location and size of parcel(s): z 0 Verify: UA.P.Number(s) Location Description r.r Ownership Legal Description of Area O Proof of Agency(if needed) Maps of Area and Reproducible Master Present Zoning and General Plan Designation Date of Application Received ..J- / $ 9(1 Receipt No. Application taken by _4� J Plannina Nnnriment AUG o 8 1995 CI Ju - 1011.0 .`Pyt AH F. R �c ti a ORDER 110. BU-111065 LP DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, DESCRIBED AS FOLLOWS: PARCEL I• 'BEING A PORTION OF LOT 37 OF SECTION 4, TOWNSHIP 22 NORTH, RANGE 3 EAST, M.D.B. & M. , AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 37, SAID POINT BEING AS SHOWN AND DESCRIBED ON THAT CERTAIN RECORD OF SURVEY MAP RECORDED IN THE OFFICE OF THE RECORDER OF BUTTE COUNTY, CALIFORNIAr ON JUNE .12, 1980, IN BOOK 74 OF MAPS, AT PAGE 91; THENCE FOLLOWING ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 37, NORTH 0 DEG. 10 ' 11" WEST FOR 865. 11 FEET TO A POINT ON A LINE LOCATED 200.00 FEET SOUTHERLY OF AND PARALLEL TO THE CENTERLINE OF THE MOST SOUTHERLY PACIFIC GAS & ELECTRIC COMPANY PENSTOCK AND BEING THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO MELVILLE MINING CO. , LTD. , RECORDED OCTOBER 21, 1931, IN BOOK 74 OF THE OFFICIAL RECORDS OF BUTTE COUNTY, CALIFORNIA, AT PAGE 465; THENCE FOLLOWING ALONG SAID PARALLEL LINE AND THE NORTHERLY BOUNDARY LINE OF SAID MINING CO. PARCEL, NORTH 78 DEG. 38 ' 31" EAST FOR 1859. 12 FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 89 DEG. 49 ' 49" EAST, AND CONTINUING ALONG SAID MINING COMPANY NORTHERLY BOUNDARY LINE, FOR 579.18 FEET TO A POINT LOCATED IN THE EASTERLY BOUNDARY LINE OF SAID LOT 37 AND BEING ALSO THE NORTHEAST CORNER OF SAID MINING COMPANY PARCEL; THENCE FOLLOWING ALONG SAID EASTERLY BOUNDARY LINE OF LOT 37, SOUTH 0 DEG. 10 ' 01" EAST FOR 1233 .79 FEET TO THE. SOUTHEAST CORNER OF SAID LOT 37, SAID POINT BEING AS SHOWN AND DESCRIBED ON SAID RECORD OF SURVEY MAP; THENCE NORTH 89 DEG. 58 ' 50" WEST FOR 2402.92 FEET TO SAID POINT OF BEGINNING. EXCEPTING THEREFROM ALL MINERAL INTEREST AS RESERVED IN THE DEED FROM PACIFIC GAS AND ELECTRIC COMPANY TO MELVILLE MINING CO. -- LTD. , RECORDED ON OCTOBER 21, 1931, IN BOOK 74 , OFFICIAL RECORDS OF BUTTE COUNTY, AT PAGE 465. PARCEL II• A NON—EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER A STRIP OF LAND 60. 00 FEET IN WIDTH LYING WESTERLY OF AND COINCIDENT TO THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF LOT 37 OF SECTION 4 , TOWNSHIP 22 NORTH, ' RANGE 3 EAST, M.D.B. & M. ; THENCE FOLLOWING ALONG THE WESTERLY. BOUNDARY LINE OF SAID LOT 37, NORTH 0 DEG. 10 ' 11" WEST FOR 1016 FEEV TO THE CENTERLINE OF CENTERVILLE ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR THE LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, SOUTH 0 DEG. 10 ' 11" EAST ALONG THE WESTERLY BOUNDARY LINE OF LOT 37 FOR 150.7 FEET - TO THE NORTHWEST CORNER OF PARCF..i,, 5; AS DESCRIBED IN THAT CERTAIN GIFT DEED TO CHARLES R. KITCHEN, ET AL, RECORDED JANUARY 22, 1976, IN BOOK 2043 OF THE OFFICIAL RECORDS OF BUTTE COUNTY, CALIFORNIA, AT PAGE 316; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY LINE OF SAID LOT 37, SOUTH 0 DEG. 10 ' 11" EAST FOR 65. 00 FEET TO THE END OF SAID DESCRIBED LINE. THE SIDELINES OF THE ABOVE DESCRIBED EASEMENT AREA ARE TO BE LENGTHENED OR SHORTENED TO INTERSECT ROAD CENTERLINES. Planning Denortment AUG 0 8 1995 f f t i ,, I Environmental Setting: From gentle to steep sloping hillside (see attached parcel map for degree of slopes), covered with dense brush and trees (poison oak, toyonberry, ceanothus, wildflowers in limited open areas, oak, manzanita, and pine), with some limited open areas. Soil in upper 40 acres is composed of rock, clay, and red dirt and is not percable; lower 20 acres is less sloped, with deeper dirt that is percable. Deer, raccoons, foxes, skunks, and rabbits are found on property. There is one single-family dwelling, well, and septic on the upper 41 acres. Due to lack of percolation, the leach field is located approximately 900' west of septic, on north side of PG&E access road. No existing structures exist on the lower portion of the property. Surround Properties: Same as above. The property is bounded by PG&E land on the north. This area of Butte Creek Canyon was used exclusively for commercial mining operations, including hydraulic mining, during the 18th and 19th centuries. Surrounding land use is low-density single-family residential, characterized by zoning ranging from FR 5 to FR 160, with numerous parcel sizes less than 5 acres. It is our belief that this proposed GPA and rezone-is consistent with current surrounding land use. i Planning Denartment AUG 8 1995 L: 011 340 014 000 STATUS: ACTIVE HINTON DON & ANNE RUSSELL 13510 CENTERVIL.LE RD L• CHICO CA 95928-8800 L: 011 340 042 000 STATUS: ACTIVE PACIFIC GAS & ELECTRIC CO TAX DEPT BBE STATE & LOCAL TAXES- DIREC � . :,. P 0 BOX 770000 - SAN FRANCISCO CA 94177 L: 011 340 016 000 STATUS: ACTIVE U S A 00000 L: 011 340 071 000 STATUS: ACTIVE WELLS HOMER T & LURA NELLE . 5315 SPRINGDAL.E AVE PLEASA14TON CA 94588 L: 011. 360 017 000 STATUS: ACTIVE CONZELMAN TOM & ROBBIE FRAZIER 17853 107 SANTIAGO BLVD # 146 ��- VILLA PARK CA 92667 L: 01.1 360 01.8 000 STATUS: ACTIVE - DIAZ JOSE A & GUADALUPE 0 3546 CADWALL.ADER �- SAN JOSE CA 95121 L: 01.1 360 019 000 STATUS: ACTIVE VELASQUEZ AUGUSTINE JULIAN & LINDA ANN P 0 BOX 136 CHICO CA 95927 L: 011 360 011 000 TSTATUS: ACTIVE LANGE CARMEN �. 14336 WYCLIFF WAY -- MAGALIA CA 95954 - L: 011 360 010 000 STATUS: ACTIVE LEDYARD JERALD CLAYTON & MARY JEAN ETA 13461 CENTERVILLE RD CHICO CA 95928 L: 011 350 025 000 STATUS: ACTIVE - . CENTERVILLE REC & HISTORICAL ASSN INC C/O PETERS S 1010 HONEY RUN RD ' CHICO CA 95928 L: 011 350 039 000 STATUS: ACTIVE KRUGER ALLEN W & KATHLEEN-GASTON 'ETAL 5203 COLEMAN RANCH RD CHICO CA 95928 - Rianninp Danaetmgnt ,1 , ". AUG n a 1995 , f�►� �J. V .n. F. .,, k ' rte ' •' r �rw !.' •k � 4�s. Y ' ti y. 1 r •, I i tl�. k 4N ' ,'S.y-a •f,k -�my_v-:> .. . �. M :7 t -r+�?uc`•'', 4•'t_ .�? ,�-, r, ' - • 1.- �'yT(rF• t } h':: i F r t.�_}T A 3r .L♦ _ a +l 4 PI, r • ��� L Sja • � , 1 �i a('k s : r ;r as , :,i t k � h ,_w•1 wrt k, Y � .) f+ x' '. r ISE 4 { `i • ' • tie a __ r� • ,rx , , , I17 =1 O • r t �r . L �Cc -�s�►-,�d L: 011 340 014 000 STATUS: ACTIVE HINTON DON & ANNE RUSSELL ;. . . 13510 CENTERVILLE RD CHICO CA 95928-8800 L: 011 340 042 000 STATUS: ACTIVE PACIFIC GAS & ELECTRIC CO TAX DEPT BBE STATE & LOCAL TAXES DIREC P 0 BOX 770000 SAN FRANCISCO CA 94177 L: 011 340 016 000 STATUS: ACTIVE ^ U S A 00000 - L: 011 340 071 000 STATUS: ACTIVE WELLS HOMER T & LURA NELLE 5315 SPRINGDALE AVE PLEASANTON CA 94588 L: 011 360 017 000 STATUS: ACTIVE CONZELMAN TOM & ROBBIE FRAZIER 7 SANTIAGO BLVD # 146 . , 17853 10 A .. . VILLA PARK CA 92667 L: 01.1 360 01.8 000 STATUS: ACTIVE ' DIAZ JOSE A & GUADALUPE 0 ,:'':. •:: 3546 CADWALLADER � - SAN JOSE CA 95121 L: 011 360 019 000 STATUS: ACTIVE VELASQUEZ AUGUSTINE JULIAN & LINDA ANN f '! P 0 BOX 136 CHICO CA 95927 f L: 011 360 011 000 STATUS: ACTIVE' LANGE CARMEN — 14336 WYCL I FF WAY . .... MAGALIA CA 95954 ` L: 011 360 010 000 STATUS: ACTIVE LEDYARD JERALD CLAYTON & MARY JEAN ETA 13461 CENTERVILLE RD CHICO CA 95928 L: 011 350 025 000 STATUS: ACTIVE ' CENTERVILLE REC & HISTORICAL ASSN INC C/O PETERS S 1010 HONEY RUN RD CHICO CA 95928 L: 011 350 039 000 STATUS: ACTIVE KRUGER ALLEN W & KATHLEEN—GASTON 'ETAL 5203 COLEMAN RANCH RD CHICO CA 95928 - Plannincl AUG 0:8 1995 `alpoi® Id 1 1 C i Zai, ! O Y i . IQ f F = � - + — � f i �' I vti �-� � � �� � �� ' � I� . �I I • 1 I 1' I r`� , � .. . 1 � i \f � ..f 1 �1. � - i,� / i I ,• ,-+ . i s a . . e 1� ` a' 7 � � � a � t e,'� � -- t I ' • ' ~ . I � s # . __�1- __ . - OF Date 08/14/96 Development Services Department Time 11:39 am Applicant Billing Worksheet Page 1 GPA 96-02 Anne Russel & Don Hinton 13570 Centerville Road Chico, CA 95928 In reference to : GPA, AP#011-340-014 Rounding : None Full Precision : No Last bill / / Last aging Last charge 07/11/96 . Last payment / / Amount $0.00 Date/Slip# Description HOURSIRATE AMOUNT TOTAL 07/03/95 Larry / P 1.00 59.00 #6128 Processing 59.00 07/03/95 Linda / C 2.00 68.00 #6200 Clerical 34.00 10/09/95 Steve H / P 8.00 472.00 #6938 Processing 59.00 10/23/95 Steve H / P 1.00 59.00 #7004 Processing 59.00 11/06/95 Craig / P 0.50 29.50 #7073 Processing 59.00 11/06/95 Steve H / P 0.25 14.75 #7129 Processing 59.00 12/04/95 Steve H / P 2.50 147.50 #7276 Processing 59.00 12/04/95 Craig / P 0.25 14. 75 #7349 Processing 59.00 12/18/95 Steve H / P 0.75 44.25 #7399 Processing 59.00 01/01/96 Steve H / P 0.50 29.50 #7550 . Processing 59.00 01/15/96 Steve H / P 3.00 177.00 #7650 Processing 59.00 02/26/96 Steve H / P 3.00 177.00 #8049 Processing 59.00 Date 08/14/96 Development Services Department Time 11:39 am Applicant Billing Worksheet Page 2 GPA 96-02 :Anne Russel & Don Hinton (continued) Date/Slip# Description HOURS/RATE AMOUNT TOTAL 03/11/96 Craig / P 1.00 59.00 #8070 Processing 59.00 03/11/96 Steve H / P 8.00 472.00 #8130 Processing 59.00 03/11/96 Lynn / C 0.50 22.50 #8152 Clerical 45.00 03/25/96 Steve H / P 1.00 59.00 #8219 Processing 59.00 03/25/96 Lynn / C 1.00 45.00 #8251 Clerical 45.00 03/25/96 Linda / C 0.25 8.50 #8309 Clerical 34.00 04/22/96 Paula A. / C 0.25 8.50 #8540 Clerical 34.00 05/06/96 Lynn / C 1.00 45.00 #8657 Clerical 45.00 05/06/96 Diana / C 1.40 47. 60 #8703 Clerical 34.00 06/03/96 Lynn / C 1.50 67.50 #8897 Clerical 45.00 06/03/96 Larry / P 1.50 88.50 #8928 Processing 59.00 06/03/96 Craig / P 0.50 29.50 #8961 Processing 59.00 06/03/96 Steve H / P 1.00 59.00 #8994 Processing 59.00 06/17/96 Steve H / P 1.00 59.00 #9096 Processing 59.00 07/01/96 Lynn / C 0.25 11.25 #9226 Clerical 45.00 Date 08/14/96 Development Services Department Time 11:39 am Applicant Billing Worksheet Page 3 GPA 96-02 :Anne Russel & Don Hinton (continued) TOTAL BILLABLE TIME CHARGES 42. 90 $2,374. 10 TOTAL BILLABLE COSTS $0.00 TOTAL NEW CHARGES $2,374. 10 PAYMENTS/REFUNDS/CREDITS 08/03/95 Deposit - Receipt #14959 (2,000.00) TOTAL PAYMENTS/REFUNDS/CREDITS ($2,000.00) NEW BALANCE New Current period 374. 10 TOTAL NEW BALANCE $374. 10 APPENDIX G NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT 1. NOTICE IS HEREBY GIVEN that the project described below has been reviewed pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code 21100, et. seq. ) and a determination has been made that it will not have a significant effect upon the environment. Assessor's Parcel No. : 011-340-014 2. DESCRIPTION OF PROJECT: To amend the General Plan designation from Grazing-Open Land to Agricultural-Residential, and to change the zoning from FR-40 to FR-20, on a 20 acre portion of the applicant's 61-acre property. 3. LOCATION OF PROJECT: Located on the east side of Centerville Road, behind the Centerville Museum, in Butte Creek Canyon. 4. NAME AND ADDRESS OF PROJECT APPLICANT: Anne Russell & Don Hinton 5810 Pentz, Paradise, CA 95969 5. MITIGATION MEASURES: 6. A copy of the initial study regarding the environmental effect of this project is on file at 7 County Center Drive, Oroville. This study was: X Adopted as presented. Adopted with changes. Specific modifications and supporting reasons are attached. 7. A public hearing on this Negative Declaration was held by the decision making body. Hearing Body: Butte County Board of Supervisors Date of Determination: Determination: On the basis of the initial study of environmental impact, the information presented at hearings, comments received on the proposal and our own knowledge and independent research: X We find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. We find that the project COULD have a significant effect on the environment, but will not in this case because of attached mitigation measures described in item 5 above, which are by this reference made conditions of project approval. A conditional NEGATIVE DECLARATION is hereby adopted. Z-)"O� E McLaughlin, Chairman Butte County Board of upervisors. Date: `� n Oft!`!"!'T!ON 10111AOJO 9661 £ z l n r lumviedea 6uluueld i I t I i i I i NOTICE OF DETERMINATION � a TO: _ Office of Plan.& Research Dept. ��f 1400 Tenth Street JUL I 1 l9�0 Sacramento, CA 95814 L, X Butte County Clerk CANOACr J.C 'tPBS,BUTTE CO.CLERK �MALL umy FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: General Plan Amendment, Rezone: File#GPA 96-02& REZ 96-03 AP Number: 011-340-014 Applicant: Anne Russell & Don Hinton State Clearinghouse Number(If submitted to clearinghouse): Contact Person: Steve Betts Telephone Number: 538-7601 Project Location: Located on the east side of Centerville Road, behind the Centerville Museum,in Butte Creek Canyon. Project Description: To amend the General Plan designation from Grazing-Open Land to Agricultural-Residential, and to change the zoning from FR-40 to FR-20, on a 20 acre portion of the applicant's 61-acre property. This is to advise that the Butte County Board of Supervisors has approved the above-described project on June 25, 1996 and has made the following determinations regarding the above-described project: 1. The project will,_X_will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were,_X_were not, made a condition of the approval of the project. 4. A statement of overriding considerations was,_X_was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville, CA 9 65 Rriiai7farrel,A CP DQy4opment Service Director CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title/Butte County Location: Anne Russell & Don Hinton, File# GPA 96-02, REZ 96- 03, located on the east side of Centerville Road, behind the Centerville Museum, in Butte Creek Canyon. Project Description: To amend the General Plan designation from Grazing-Open Land to Agricultural-Residential, and to change the zoning from FR-40 to FR-20, on a 20 acre portion of the applicant's 61-acre property. Findings of Exemption (attach as necessary): 1. The county of Butte has conducted an initial study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: Willia F rel, AICP Direc of Development Services Lead Agency: County of Butte Date: s (Co DECLARATION OF FEES DUE 4 ) ornia Fish and Game Code Section 1. NAME AND ADDRESS OF APPLICANT Anne Russell and Don Hinton 5810 Pentz Paradise, CA 95969 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: I. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION ( ) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee ( X ) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. O OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT /NON-PAYMENT OF FEES: 1. ( X ) PAYMENT: The above fees have been paid. See attached receipt(s). 2. ( ) NON-PAYMENT: The above fees are required. Notpaid. Chief Planning Official By: William Farrel Title: Development Service Director Lead Agency: Butte County Department of Development Services Date: TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. COUNTY OF TE OLD OROVILLE, CAL W RNIA PURCHASE ORDER C , -TSC77 j V Chico Enterprise Record NAttn: Busineoo Office-Donna Issued By D P. 0. Box 9 �r rncstr±�;?:-1r2L Clark of thu Bo-rd O Chico, CA 95927 Department R Development Services/Plarnirg j DATE DUAN. INVOICE NO. AND DESCRIPTION AMOUNT CHARGE TO W.O. # 6/26/96 Ordinance :1o. 3277 - rezone Russel/Hinton , 480001.537 Ordinance 11o. 3278 - rezone Hart T�10 I Please publish each ordinanec once in 8-pt type on Friday, luua-28, 1996; July 5 sending two copies of your affidavit of publication and two copies of your statement of charges to the Boerd of Supervisors - 25 County Center Drive, Oroville, CA 95965 '94- o j Dorothy Bell - 538-7633 TOTAL I �� I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or, where authorized, are hereby contracted for and that there is a Budget Appropriation for the same. Dated: 7 + c , C N._ "ir ,>�,"c i• `—� ``�� �/ QJO !/� Department Head or Authorized Deputy C1S. f 7 Dept. & Sub. Project Sub. Obj. Invoice No. Invoice Date Encumbrance Gross Amount Discount i j Submit WHITE, CANARY and PINK to PURCHASING with vendor's invoice. Retain GOLDENROD. • ENTERPRISE PUBLISHING COMPANY THE CHICO ENTERPRISE-RECORD 400 EAST PARK AVE.(P.O. BOX 9) CHICO, CA 95927-0009 (916)891-1234 BOARD OF SUPERVISORS 25 County Center Drive LOroville Ca. 95965 16230 PLEASE RETURN THIS STUB WITH YOUR CHECK DATE INCHES INCHES OR DATE LINES CLASSIFIED DISPLAY CREDITS OLD BALANCE BALANCE OR LINES TO DA BALANCE FORWARD I Q96 Ord . No 3277 Cl 79077 7/05 14 7 . 20/ iIL. 100 . 0 TOTAL $100 . 80 B-25 PAY LAST THE CHICO ENTERPRISE - RECORD AMOUNT IN MEMBER A.B.C. THIS COLUMN S (SPACE FOR PILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In the Matter of Ordinance No . 3277 . .................................................................................... No................................................................. .................................................................................... AN ORDINANCE ZONIG A PORTION OF THE COUNTY OF BUTTE,STATE OF CALIFORNIA,AN FR-20(FOOT AFFIDAVIT OF PUBLICATION HILL RECREATIONAL)-DISTRICT, PURSUANT TO SEC ION 24-29..The Board of .w Of Butte, State ofervisors Cal Californiaforn ounderr anthe d State of California pursuant to Section 24-29 of theButte SS. County Code of said County, ORDAINS, County of Butte as follows: SECTION 1. The hereinafter describe The coup ne undersi d resident of the of area situate in the County of Butte, Stat ' g county of California, shall be and it is herebyl Butte,State of California,says: zoned as an FR-20(Foothill Recreationaq -20 acre parcels) District,and such areal shall be subject to the restrictions and re That I am,and at all time herein mentioned stricted uses and regulations pursuant to Butte County Code Section 24-110. - was a citizen of the United States and not a party Said area so zoned being.located in the to nor interested in the above entitled matter; unincorporated area of Butte County, Butte Creek Canyon, more particularly that I am the principal clerk of the printer and described as follows: ublisher Of All that certain real property situate in P the State of California, County of Butte, described as follows: Parcel 1: The Chico Enterprise-Record Being a portion of Lot 37 of Section 4,. T22N R3E MDB&M,and being more par- ticularly described as follows: That said er a news is one of general circula- P P $ Beginning at the southwest corner of tion as defined by Section 6000 Government said Lot 37, said point being as shown and described on that certain record of Code of the State of California,Case No.26796 survey map recorded in the office of the e Superior Court of the State of California, Recorder of Butte County, California, on y P June 12, 1980, in Book 74 of Maps, at,�„- in and for the County of Butte;that said newspa- Page 91; thence following along the`? per at all times herein mentioned was printed westerly boundary line of said Lot 37, N i P P 0" 10' 11"W for 865.11 ft.to a point on a and published daily in the City of Chico and line located 200.00 ft. southerly of and parallel to the centerline of the most . � County of Butte; that the notice of which the southerly Pacific Gas & Electric Compa annexed is a true printed copy, was published in ny penstock and being the NW corner of that certain parcel of land described in,', said newspaper on the following days: deed to Melville Mining Co. Ltd recorded , October 21, 1931, in Book 74 of the offi-.:a, cial records of Butte County, California, at Page 465;thence following along said July 5 , 1996 . parallel tine and the northerly boundary line of said mining co.parcel, N 78°;38' 31"E for 1859.12 ft.;thence leaving said"-, I certify(or declare),under penalty of parallel line, N 89" 49' 49" E, and con P y earl�b along said mining company north- perjury, that the foregoing is true and correct,at Y boundary line, for 579.18 ft. to.a point located in the easterly boundary ; Chico,California. line of said Lot 37 and being also the NE 'corner of said mining company parcel; ." 'thence following along said easterly boundary fine of Lot 37, S° 10'01" E for Dated .......July 1233.79 ft. to the SE corner of said Lot 5 , 19..6 . 37, said point being as shown and de- at Chico,California. scribed on said record of survey map; thence N 89"58'50-W for 2402.92 ft.to SUPERViSORO said point of beginning. Excepting therefrom all mineral interest : .. .. .... ...mac..,....�.:.. ... � �:�- ................ n as reserved in the deed from Pacific Gas J 1996 (Signa e) and Electric Company to Melville Mining Co. Ltd., recorded on October 21, 1931, in Book 74, official records.of Butte ` CALIFORNIA County,at Page 465. Parcel ll: A non-exclusive easement for road and: public utility DurnnsPc nuc.� Recorderof Butte County, California, on by the Superior Court of the State of California, June 12, 1980, in Book 74 of Maps, at Page 91; th a following along the , in and for the County of Butte;taid newspa- westerly bou line of said Lot 37, N per at all times herein mentions sprinted 0°.10' 11"W 65.11 ft.to a point on a line located 200.00 ft. southerly of and- and published daily in the City of Chico and parallel to the centerline of the most County of Butte;that the notice of which the southerly Pacific Gas & Electric Compo ny penstock and being the NW corner of. annexed is a true printed copy, was published inthat ce said newspaper On the following days: rtain parcel of land described in- deed to Melville Mining Co. Ltd recorded..' 21, 1931, in Book 74 of the offi- cial records of Butte County, California, at Page 465;thence following along said 3 u 1 y 5 , 1996 . line line and the northerly boundary of said mining co.parcel, N 78°.38' 31' E for 1859.12 ft.;thence leaving said $arallel line, N 89° 49' 49" E, and con- . I certify(or declare),under penalty Of 'tinuing along said mining company north-„ !erlperjury,that the foregoing is true and correct,at ipoi boundary line, for easterly b ft. to,a liomt located in the easterly boundary ne of said Lot 37 and being also the NE Chico,California. corner of said mining company parcel; thence following along said easterly boundary line of Lot 37, S° 10'01" E for 1233.79 ft. to the SE corner of said Lot 19 9 6 37, said point being as shown and de-' Ju1 Y...5.�...............r.......... ' scribed on said record of surveyma at thence N 891 58'50-W for 2402.9ft.o F SUPERVMRZi at Chico,California. said point of beginning. Excepting therefrom all mineral interest 9 i996 as reserved in the deed from Pacific Gas. and Electric Company.to Melville Mining (Signa e) Co. Ltd., recorded on October 21, 1931, in Book 74, official records.of Butte -2,CALIFOPNIA County,at Page 465. Parcel 11: A non-exclusive easement for-road and; public utility purposes over a strip of.land.••-• •. 60.00 ft.in width lying westerly.of and co-' incident to the.following described line: Beginning at the SW corner of Lot 37 of Section 4, T22N R3E MDB&M; thence. following along the westerly boundary . line of said Lot 37, N 00 10' 11":W"for 1016 ft, to the centerline of Centerville Road, said point being the true point of beginning for the line herein described; thence from said true point of beginning, S.00 10' 11" E along the westerly boun- r dary line of Lot 37 for 150.7 ft to the NW corner of Parcel 5, as described in that certain gift deed to Charles R.Kitchen,Et al,,recorded January 22, 1976, in Book 2043 of the official records of Butte County California, at Page 316; thence continuing along said westerly boundary line of said Lot 37, S 0° 10' 11" E for 65.00 ft.to the end of said described line. The sidelines of the above described easement area are to be lengthened or shortened to intersect road centerline: SECTION 2. This Ordinance shall be and it is hereby declared to be in:full force and effect from and after thirty(30) \ days after the date of its passage, and before the expiration of fifteen (15) days after its passage,this Ordinance shall be published once with the names of the members of the Board of Supervisors voting for and against it in the Chico En- terprise-Record, a newspaper published in the County of Butte, State of California. PASSED AND ADOPTED by the Board, . of Supervisors of the-County'of Butte,` State of California, on.the 25th day of June, 1996,by the following vote: AYES: Supervisors Dolan, Houx, Thomas and Vice Chair Meyer NOES:None ABSENT:Chair McLaughlin NOT VOTING:None By:VIVIAN MEYER,Vice Chair ED McLAUGHLIN, Chairman, Butte County Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the .Board. By'CAROL ROACH C179077 PUBLISH:July 5, 1996 Inter-Departmental Memorandum TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Anne Russell.and Don Hinton DATE: July 2, 1996 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as AP 011-340-014 was: X Rezone from FR-40 to FR-20 zoning district. _ Granted a variance to Issued a conditional use permit for i Resolution No. 96-74 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE APPROVING THE ADOPTION OF A GENERAL PLAN AMENDMENT FROM OPEN AND GRAZING LAND AND TIMBER MOUNTAIN TO AGRICULTURAL RESIDENTIAL . WHEREAS, private individuals, Anne Russell and Don Hinton have petitioned the Butte County Planning Commission and Board of Supervisors, through an appropriate application, to amend the Butte County General Plan Land Use Element, for a change from Open and Grazing Land to Agricultural Residential, for that property identified on Exhibit A-1 attached hereto; and WHEREAS, a private individual, Garland Hart has petitioned the Butte County Planning Commission and Board of Supervisors, through an appropriate application, to amend the Butte County General Plan Land Use Element, for a change from Timber Mountain to Agricultural Residential, for that property identified on Exhibit B-1 attached hereto; and WHEREAS, a private individual, Dan Pickard has petitioned the Butte County Planning Commission and Board of Supervisors, through an appropriate application, to amend the Butte County General Plan Land Use Element, for a change from Open and Grazing Land to Agricultural Residential, for that property identified on Exhibit C-1 attached hereto; and WHEREAS, the proposed General Plan Amendments have been studied and reviewed by the Butte County Planning Commission and a public hearing held pursuant to law, at which time all interested persons were heard; and WHEREAS, the Butte County Board of Supervisors has reviewed and considered the contents of the Environmental Checklist (Exhibit A-2, B-2, and C-2) prepared on the amendments pursuant to the California Environmental Quality Act; and WHEREAS, the Butte County Board of Supervisors has held hearings on the General Plan Amendments at which all interested parties were heard; and WHEREAS, the Butte County Board of Supervisors finds the proposed amendment complies with all elements of the Butte County General Plan and comprises an overall internally consistent whole, specifically: 1. The amendment complies with the policies of the Butte County General Plan. 2. The amendments provide for compatible development with existing land uses. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The General Plan Amendments to Agricultural Residential as shown on the attached Exhibits A-1, B-1, and C-1 are hereby incorporated by reference. 2. The General Plan Amendments are hereby adopted and by the Board of Supervisors of the County of Butte as amendments to the Butte County General Plan Land Use Element, said Amendments to be the land use policy for the County of Butte in the affected area for all findings pursuant to law. BE IT FURTHER RESOLVED, that pursuant to Government Code Section 65359 that the General Plan be endorsed to show that the above amendments have been approved by this Board. PASSED AND ADOPTED by the Butte County Board of Supervisors on this 25th day of June , 1996, by the following vote: AYES: Supervisors Dolan, Houx, Thomas and Vice Chair Meyer NOES: None ABSENT: Chair McLaughlin NOT VOTING: None Vice Chair ED CMLAU HL , CH AN Butte County Board of 5upervisors ATTEST: John S. Blacklock, Chief Administrative Officer and Clerk of the oard By: G0 ' ti 6 :o e/ f l It 1 P Q :\t• - r•rr :G O �. Z. •0 Area proposed for.Generai Pian Amendment- _ P P ;. .. EXHIBIT BUTTEXOUNTY BOARD of SUPERVISORS Applicant: Anne Russell& Don Hinton Owner: Same i r - • .Hearing Date: June 25, 1996 @_9:00 am. Existing Zone: FR-40 (Foothill Recreational, 40 acre min.) A 1 Request: General Plan Amendment from Grazing&Open Lands to Agricultural Residential. No Scale Assessor Parcel No:' Pin 011-340-014 File:GPA 96-01 Mt. Project: Russell and Hintbn GPA 96-02 and Rezone 96-03 EXHIBIT COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS L BACKGROUND A. Applicant and/or Project Name: Anne Russell and Don Hinton General Plan Amendment and Rezone B. Project No. and AP No.: GPA 96-02 and Rezone 96-03, APN 011-340-014 C. Address of Applicant and Representative: 13570 Centerville Road, Chico, CA 95928 D. Project Description and Location: This is a request to amend the General Plan designation from Grazing-Open Land to Agricultural-Residential, and to change the zoning from FR-40 to FR-20, on a 20-acre portion of the applicant's 61-acre property. Approval of this project could lead to the creation of a 20-acre parcel. The property is located on the east side of Centerville Road, behind the Centerville Museum, in Butte Creek Canyon. The property sits on the east side of Butte Creek Canyon(Nimshew Ridge) and is developed with one single-family dwelling. Portions of the property have been extensively mined, both hydraulically and by underground mines. Several 100 foot-plus cliffs, resulting from hydraulic mining, are located on the property. One filled-in mine exists, and the potential for more mines on the property is high. The property is covered with mostly young oak and pine trees, extensive brush, and some grass lands. The property is located in Deer Herd Critical Winter Range, but is in a Designated Development Zone. Additional project description and area description can be found in the data sheet at the end of this document. II. EVALUATION OF ENVIRONMENTAL IMPACTS 1. Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? Yes No X Maybe Response: The project is a Legislative action, not a development project. No earth moving or development activities are involved. This is a project that may result, if approved, in changing the land use designation for a 20 acre portion of the project site from Grazing-Open Land to Agricultural- Residential and changing the zoning from Foothill-Recreational 40 to Foothill-Recreational 20. Approval of this project would allow the applicant to submit a tentative parcel map application to create a 20 acre parcel. At that time, the County will have an opportunity to address any and all potentially significant, substantial, incremental, and cumulative impacts relating to a development a Butte County Development Services Department ■ Planning Division ■ . 1 Project: Russell and.Hinton GPA 96-02 and Rezone 96-03 project. + Miti atg ion: None required. b. Disruptions, displacements, compaction or lovercovering of the soil? Yes No X Maybe Response: This proposal will not cause any modifications to the soil. Future development on the property could impact the soils on the project site. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. 1 c. Substantial change in topography or ground surface relief features? Yes No X Maybe Response: This proposal will not cause any changes to the project site's topography. Future development on the property could impact the topography on the project site. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. r d. The destruction, covering or modification of any unique geologic or physical features? t Yes No X Maybe Response: This proposal will not cause any modifications to any unique geologic or physical feature located on the project site. Future development on the property could impact any unique geologic or physical feature on the project site. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. e. Any substantial increase in wind or water erosion of soils, either on or off-site? Yes No X Maybe' Response: This proposal will not cause any increase in wind'or water erosion of soils, either on or off the project site. Future development on the property could cause an increase in wind or water erosion of soils. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. ' f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of any lake? ■Butte County Development Services Department ■ Planning Division ■ 2 Project: Russell and Hinton GPA 96-02 and Rezone 96-03 Yes No X Maybe Respon§e: This proposal will not change the deposition or erosion that will modify any drainage. Future development on the property could cause changes in deposition or erosion. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. g. Loss of prime agriculturally productive soils outside designated urban areas? Yes No X Maybe Response: This project site does not contain prime agricultural soils. Mitigation:. None required. h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud-slides, ground failure, or similar hazards? Yes No X Maybe Response: Based upon the Safety Element of the Butte County General Plan there are no known geologic faults in the area and approval of this proposal will not expose people or property to geologic hazards. Mitigation: None required. 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? Yes No X Maybe Response: Approval of this project will not cause an increase in air emissions or deterioration of ambient air quality. Mitigation: None required. b. The creation of objectionable odors? Yes No X Maybe Response: The proposal will not create objectionable odors, smoke or fumes. Mitigation: None required. c. Alteration of air movement, moisture, temperature, or any change in climate, whether locally or regionally? ■Butte Counry Development Services Department ■ Planning Division ■ 3 Project: Russell and Hinton GPA 96-02 and Rezone 96-03 Yes No X Maybe ' Response: Only large projects such as the construction of a large high-rise buildings, the creation of a large water body (such as a lake or thousands of acres of rice fields), massive defoliation, or introduction of large tracts of vegetation where there was previously none,would have the climactic effects discussed in this question. Since this project has none of these characteristics it will not result in any change in air movement, moisture, temperature, or climate. Mitigation: None required. 3. Water. Will the proposal result in: a. Substantial changes in currents, or the course or direction of water movements, in fresh waters? Yes No X Maybe Response: One small seasonal drainage is located on the subject property. The project will not affect this watercourse. Setbacks from the drainage may be required at the time of land division application. The parcels are large enough to accommodate these setbacks. Mitigation: None required. b. Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff on-site or into any water body? Yes No X Maybe Response: This proposal will not cause any changes in the absorption rate or amount of surface runoff, either on or off the project site, nor will it alter the drainage patterns on the site. Future development on the property could alter the drainage patterns, and cause an increase in the absorption rate or amount of surface runoff. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. c. Need for off-site surface drainage improvements, including vegetation removal, channelization or culvert installation? Yes No X Maybe Response: This proposal will not create a need for off-site surface drainage improvements. It is not likely that the creation of a 20 acre parcel will require any off site drainage improvements, but the issue will be addressed in detail at the time of parcel map submittal. Mitigation: None required. d. Alternations to the course or flow of flood waters? ■Butte County Development Services Department ■ Planning Division ■ 4 Project: Russell and Hinton GPA 96-02 and Rezone 96-03 Yes No X Maybe Response: This proposal will not cause alterations to the course or flow of flood waters because no portion of the project site is located in a flood zone. Mitigation: None required. e. Discharge into surface waters, or in any alteration or surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Yes No X Maybe Response: This proposal will not cause a change in water quality. Future development on the property could lead to a degradation in water quality. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. f. Alteration of the direction of rate of flow of ground waters? Yes No X Maybe Response: This proposal will not cause a change in the direction or rate of flow of ground waters. Future development on the property could cause a change in the direction or rate of flow of ground waters. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. h. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? Yes No X Maybe Response: See response in item 3.h. Mitigation: None required. i. Substantial reduction in the amount of water otherwise available for public water supplies? Yes No X Maybe Response: No public water system or supplies serve the area and a substantial reduction in public water supplies will not occur as a result of project approval. Potentially one additional 20-acre parcel could be created with the future approval of a tentative parcel map. Generally, ground water is available in the area to serve such a development. Mitigation: None required. ■Butte County Development Services Department ■ Planning Division ■ 5 i Project: Russell and Hinton GPA 96-02 and Rezone 96-03 j. Exposure of people or property to water related hazards such as flooding? ' Yes No X Maybe Response: The project site is not within a designated flood zone area and therefore no people or property will be subject to a flood hazard. Mitigation: None required. 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops and aquatic plants)? Yes No X Maybe Response: The project site is located in a foothill woodland habitat and the proposed project will not significantly affect the diversity of the area plant life. If a future land division is approved, there will be the potential for some loss of oak trees which will have to be mitigated through the land division process. Mitigation: None required. b. Reduction of the numbers of any unique, rare or endangered species of plants? Yes No X Maybe Response: The project site contains habitat that is known to support unique, rare or endangered plant species. Botanical surveys conducted on nearby properties have identified such plant species. If a future land division is approved,there will be the potential for some loss of unique, rare or endangered plant species which will have to be mitigated through the land division process. A botanical survey would most likely be required to identify any endangered plant species prior to any land division. Mitigation: None required. c Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Yes No X Maybe Response: This project will not introduce new plant species into the area, nor will it cause a barrier to the normal replenishment of existing species. Future development on the property could introduce new plant species and may prevent normal plant replenishment. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. ■Butte County Development Services Department ■ Planning Division ■ 6 i Project: Russell and Hinton GPA 96-02 and Rezone 96-03 d. Substantial reduction in acreage of any agricultural crop? Yes No X Maybe Resoonse: The site does not contain any agricultural crops and therefore this project will not reduce the acreage of any agricultural crop. Mitigation: None required. S. Animal Life. Will the proposal result in: a. Change in the diversity of species or numbers of any species of animals (birds, land animals, reptiles, fish, shellfish, benthic organisms or insects)? Yes No X Maybe Response: This proposal will not cause a change in the diversity of animal species or the numbers of any animal species. If a new 20 acre parcel is created and developed with one residence, it is unlikely to impact the animal diversity of the area. Mitigation: None required. b. Reduction of the numbers of any unique, rare or endangered species of animals? Yes No X Maybe Response: The property does not contain habitat that would support any unique, rare or endangered species of animals. Mitigation: None required. c. Introduction of new species of animals into an area, or in a barrier to the migration or movement of animals? Yes No X Maybe Response: This proposal will not introduce new species of animals into the area, nor will cause a barrier to the migration of movement of animals. Future development on the property could introduce new animals species into the area. Future development on the property could also act as a barrier to the movement of deer. The project site is located within critical winter deer habitat, but is inside a Designated Development Zone. Concerns about barriers to deer movement will be addressed at the time of tentative parcel map submittal. Mitigation: None required. d. Deterioration to existing fish or wildlife habitat? ■Butte County Development Services Department ■ Planning Division ■ 7 Project: Russell and Hinton GPA 96-02 and Rezone 96-03 Yes No X Maybe + Response: This proposal will not cause a deterioration to existing fish or wildlife habitat. Future development on the property could lead to a deterioration to these habitats. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. 6. Noise. Will the proposal result in: a. Substantial increases in existing noise levels? Yes No X Maybe Response: The proposal will not result in a substantial increase in noise created on-site or in the vicinity. Mitigation: None required. b. Exposure of people to severe noise levels? Yes No X Maybe Response: No noise will result from this project. Mitigation: None required. 7. Light and Glare. Will the proposal produce substantial new light or glare? Yes No X Maybe Response: This project will not create any new light or glare. Mitigation: None required. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of the area? Yes No Maybe X Response: This proposal is for an amendment to the General Plan designation for a 20 acre portion of the 61 acre parcel. The applicant wishes to change the General Plan designation from Grazing-Open Land to Agricultural-Residential. Most of the subject parcel has a General Plan designation of Grazing-Open Land, but the west most portion of the parcel has a designation of Agricultural- Residential.There is Agricultural-Residential designation immediately to the west and northwest of the subject parcel. Evaluating the land use based on the General Plan criteria would indicate that the property fits the Agricultural-Residential designation better than the Grazing-Open Land designation. Grazing on the subject parcel is not practical due the heavy brush and mining spoils located on the ■Butte County Development Services Department ■ Planning Division ■ 8 Project: Russell and Hinto„ GPA 96-02 and Rezone 96-03 parcel. Based on the text of the General Plan, staff could make the findings that parcels less then 40 acres would conform to the General Plan. This proposal is also a request for a rezone of the 20 acre portion from FR-40 to FR-20. Approval of this project could slightly alter the land use on a portion of the 61-acre parcel by increasing the density of development. Rezoning the 20-acre portion to FR-20 would allow the creation of a 20-acre parcel after a tentative parcel map has been approved and finalized. Surrounding parcels are zoned FR-10 and FR-20. Nearby properties (within 2,000 feet) are zoned FR-5 and FR-20. Mitigation: None required. 9. Natural Resources. Will the proposal result in: a. Substantial increase in the rate of use of any natural resource? Yes No X Maybe Response: The proposal will not affect the use of any natural resource. Mitigation: None required. b. Substantial depletion of any non-renewable natural resource? Yes No X Maybe Response: See response item 9.a. Mitigation: None required. 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Yes No X Maybe Response: This project will not cause an explosion or the release of hazardous materials. Mitigation: None required. b. Possible interference with an emergency response plan or an emergency evacuation plan? Yes No X Maybe Response: There is not an adopted emergency response plan or evacuation plan that for this area and therefore the proposed project will not affect any such plan. This is not a development project that could potentially impact upon any emergency evacuation plan,were there one in existence. ■Butte County Development Services Department ■ Planning Division ■ 9 Project: Russell and Hintuaa GPA 96-02 and Rezone 96-03 Mitigation: None required. 11. Population. Will the proposal alter the location,'distribution, density, or growth rate of the human population of an area? 4 Yes No X Maybe Response: The proposal will not affect the population of the area because the .proposal is not a development project but rather a plan project, that is, a change in land use designation and zoning. Mitigation: None required. I 12. Housing. Will the proposal affect existing housing or create a demand for additional housing? Yes No X Maybe Response: This project will not directly result in the creation of a new parcel . However, approval of this project could allow the applicant to apply!for a tentative parcel map to create a 20 acre parcel. The addition of one new residence to the area will not affect the housing market. Mitigation: None required. 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? Yes No X Maybe` Response: This project will not generate any significant additional vehicular traffic to the local area than is already occurring. If a new 20 acre paicel is created approximately seven additional daily trips will be generated. This will not affect the Level of Service on Honey Run Road. Mitigation: None required. t b. Effects on existing parking facilities or demand for new parking? Yes No X Maybe Response: The proposal will not affect parking because compliance with the parking standards contained within Butte County Code Section!24-35 will.be enforced. Mitigation: None required. c. Substantial impact upon existing transportation systems, including public transportation services? Yes No X Maybe ■Butte County Development Services Department ■ Planning Division ■ 10 Project: Russell and Hinton GPA 96-02 and Rezone 96-03 Response: Approval of this project will not result in a substantial increase in congestion and maintenance requirements on area roads and on public transportation services. Mitigation: None required. d. Significant alterations to present patterns of circulation or movement of people and/or goods? Yes No X Maybe Response: The proposal will not alter the present pattern of circulation in the area. The circulation pattern on Centerville Road will not be affected. Mitigation: None required. e. Alterations to waterborne, rail or air traffic? Yes No X Maybe Response: The project is not located near any railroads, harbors, or airports and will therefore have no effect on those facilities. Mitigation: None required. f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Yes -No X Maybe Response: This project will not result in traffic related hazards to motor vehicles, bicyclists or pedestrians. Mitigation: None required. 14. Public Services. Will the proposal have substantial effect upon. or result in a need for new or altered governmental services in any of the following areas: a. Fire Protection? Yes No X Maybe Response: The project is located in an area with a very high fire hazard designation. The proposal will not directly result in an incremental increase in demand for fire protection in the area. Approval of this proposal could allow the applicant to submit tentative parcel map application in order to create a new parcel. The tentative parcel map would be then conditioned to meet the requirements of the California Department of Forestry to mitigate the impacts caused by a new parcel . Mitigation: None required. b. Police protection? ■Butte Counry Development Services Department ■ Planning Division ■ 11 f Project: Russell and Hint.,.. GPA 96-02 and Rezone 96-03 Yes No X Maybe i Response: Approval of this project will not result in a need for increased police protection. Mitigation: None required. c. Schools? Yes No X Maybe _Response: Approval of this project will not result in a need for increased school facilities. If a new parcel is created, school fees will be collected at time of building permit application. Mitigation: None required. d. Parks or other recreational facilities? Yes No X Maybe Response: The proposal will not result in an incremental increase to demand for park and recreation facilities in the area. 1. Mitigation: None required. i e. Maintenance ofublic facilities including ro�ds? p g � . Yes No X Maybe Response: The proposal will not result in an increase in the need for maintenance of roads and other public facilities in the area. Mitigation: None required. I f. Other governmental services? Yes' No X Maybe Response: The proposal will not result in an,,increase in demand for all other governmental services in the area. Mitigation: None required. I 15. Enerev.. Will the proposal result in: . a. Use of substantial amounts.of fuel or energy? Yes No X Maybe ■Butte County Development Services Department ■ Planning Division ■ 12 Project: Russell and Hinton GPA 96-02 and Rezone 96-03 t Response: This project will not result in the use of substantial amounts of fuel or energy. Mitigation: None required. b. Substantial increase in demand upon existing sources of energy or require the development of new sources of energy? Yes No X Maybe Response: The project will not result in substantial increases in demand upon existing sources of energy. The project is located in an area that is-already served by Pacific Gas and Electric and can serve the energy requirements of this project without substantial alteration to existing facilities. Mitigation: None required. 16. Utilities. Will the proposal result in a need for new systems or substantial alterations to the following utilities: a. Power or natural gas? Yes No X Maybe Response: Pacific Gas and Electric already has electric distribution lines in the area and can serve the energy requirements of this project without substantial alteration to existing facilities. Mitigation: None required. b. Communication systems? Yes No X Maybe Response: Pacific Telesis already has distribution lines in the area and can serve the communication needs of this project without substantial alteration to existing facilities. Mitigation: None required. c. Water? Yes No X Maybe Response: The residential unit on the project site obtains its domestic water from a well located on the site. Water needs for future parcels would,be addressed at time of tentative map application submittal. Mitigation: None required. d. Sewer or septic tanks? Yes No X Maybe ■Butte County Development Services Department ■ Planning Division ■ 13 Project: Russell and Hints,.. GPA 96-02 and Rezone 96-03 Response: The'residential unit on the�projec t site uses an`;on-site septic system.for waste disposal. Sewage disposal needs for future parcels would be addressed at time of tentative map application submittal. Mitigation: None required. i e. Storm water drainage? , Yes No X Maybe Response: Storm water runoff is directed-according to the topography of the site to natural drainage channels. The proposalwill not"effect water drainage. Mitigation: None required.. f. Solid waste and disposal? y l Yes No� X Maybe j Response: Currently, the Butte County Landfill still has capacity to serve any development proposed on the parcel by the applicant. 'Mitigation: None required. R - 17: Human Health. .Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? Yes No X Maybe t Response: The proposal will not create any health hazard. Mitigation: None required. b. Exposure of people to potential health hazards? Yes No X Maybe Response: This proposal will not expose people to any health hazards. -Mitigation:. None required. I 18. . Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public or will the proposal result in the creation of an aesthetically offensive site open to public view? Yes . No X Maybe Response: The proposal will not result in an aesthetically offensive view because it is consistent with ■Butte County Development Services Department ■ Planning Division ■ 14 Project: Russell and Hinton GPA 96-02 and Rezone 96-03 surrounding development. Mitigation: None required. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Yes No X Maybe Response: The proposal will not result in an impact on the quality or quantity of existing recreational opportunities in the area. Mitigation: None required. 20. Cultural Resources. , a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Yes No X Maybe Response: The subject property is located in an area designated as having a high archeological sensitivity. Historic mining operations have occurred on the subject property and the potential exists* for historic structures and/or objects to be found on the site. The proposal will not affect archaeological sites. Future development on the property could impact archeological sites. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. b. Will the proposal result in adverse physical or aesthetic effects to the prehistoric or historic building, structure or object? Yes No X Maybe Response: See the response to item 20.a. Mitigation: None required. c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? i Yes No X Maybe Response: The proposal will not affect cultural resources. Mitigation: None required. d. Will the proposal restrict existing religious or sacred uses within the potential impact area? ■Butte County Development Services Department ■ Planning Division ■ 15 Project: Russell and Hinton GPA 96-02 and Rezone 96-03 Yes No X Maybe Response: The proposal will not affect religious resources. Mitigation: None required. i ■Butte County Development Services Department a Planning Division ■ 16 Project: Russell and Hintwj GPA 96-02 and Rezone 96-03 III. MANDATORY FINDINGS OF SIGNIFICANCE. 1. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? Yes No X Maybe Response: As discussed in Section II of this document, approval of this project will not significantly degrade the quality of the environment. 2. Does the project have the potential to achieve short-term;to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure will into the future.) Yes No X Maybe Response: The project, as discussed in Section II of this Initial Study, will not result in short-term benefits of the expense of impacting long-term environmental goals. 3. Does the project have impacts which are individually limited, but cumulatively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Yes No X Maybe Response: As discussed in Section II of this document, this proposal will not have a significant cumulative impact on the environment. 4. Does the project have environmental effects which will cause'substantial adverse effects on human beings, either directly or indirectly? Yes No X Maybe Response: As discussed in Section II of this Initial Study, this proposal will not have a significant adverse effect on human beings. IV. DETERMINATION On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ■Butte County Development Services Department ■ Planning Division ■ 17 I f Project: Russell and Hinton GPA 96-02 and Rezone 96-03 A Hind that although the proposed project COULD HAVE-a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described herein have been added to the conditions'of approval}for the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment and an P P P .1 $m ENVIRONMENTAL IMPACT.REPORT is required. i . I Date: December 18, 1995 Prepared by: Stephen Betts, Assistant Planner rReviewed by: Craig S ders, Senior Planner i t 1 i I ■Butte County Development Services Department ■ Planning Division ■ 18 0 Project: Russell and Hintua GPA 96-02 and Rezone 96-03 V. MITIGATION MEASURES AND MONITORING REQUIREMENTS None ■Butte County Development Services Department ■ Planning Division ■ 19 Project: Russell and Hinton GPA 96-02 and Rezone 96-03 y DATA SHEET A. Project Description " 1. Type of Project: General Plan Amendment from Grazing-Open Land to Agricultural-Residential and Rezoning from FR-40 to FR-20. 2. Proposed Density of Development: One new 20-acre parcel could be created. 3. Amount of Impervious Surfacing: Very muumal. 4. Access and Nearest Public Road(s): Private road Centerville Road. 5. Method of Sewage Disposal: Individual septic systems. 6. Source of Water Supply: Individual wells) 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: None under existing zoning and mitigations. B. Environmental Setting I. Terrain a General Topographic Character: East slope of Butte Creek Canyon. b. Slopes: 0% to 40%, some vertical slopes as a result of hydraulic mining. c. Elevation: 640'to 1200 feet above sea!level. d. Limiting Factors: Slopes over 30%. 2. Soils r a. Types and Characteristics: Aiken Clay'Load, Stony Phase; mining spoils b. Limiting Factors: Limited soil depth, highly erodible 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: High c. Landslide Potential: Moderate overall, vertical cliffs from hydraulic mining may be prone to landsliding. d. Fire Hazard: High e. Expansive Soil Potential: Low 4. Hydrology a. Surface Water: One small seasonal stream b. Ground Water: Unknown, potentiallylimited. c. Drainage Characteristics: Downhill to Butte Creek d. Annual Rainfall (normal): 45 inches per year. e. Limiting Factors: Unknown ground water quantities. 5. Visual/Scenic Quality: Good. , 6. Acoustic Quality: Good. Vehicle traffic on Centerville Road can be heard throughout site. 7. Air Quality: Good, except when stagnant air conditions persist in the canyon. 8. Vegetation: Oak and pine trees, extensive brush and grasses, possible habitat for rare/endangered plants 9. Wildlife Habitat: Small birds and animals common to foothills. Critical winter habitat for the Mooretown deer herd. ■Butte County Development Services Department ■ Planning Division ■ 20 Project: Russell and Hinton GPA 96-02 and Rezone 96-03 10. Archaeological and Historical Resources in the area: High sensitivity area for archaeological resources. Historic mining operations occurred on site. 11. Butte County General Plan designation: Agricultural-Residential and Grazing-Open Land 12. Existing Zoning: FR-40 (Foothill-Recreationa140 acre minimum parcel size). 13. Existing Land Use on-site: Rural residential 14. Surrounding Area: a. Land Uses: Rural residential b. Zoning: FR-40, FR-10 c. Gen. Plan Designation: Grazing-Open Land, Agricultural-Residential d. Parcel Sizes: 8 to 257 acres 15. Character of Site and Area: Rural residential 16. Nearest Urban Area: Paradise 17. Relevant Spheres of Influence: None 18. Improvement Standards Urban Area: None 19. Fire Protection Service: a. Nearest County (State)Fire Station: Station number 27 approximately 1 mile away. ,b. Water Availability: Fire tankers only. 20. Schools: Chico Unified School District. ■Butte County Development Services Department ■ Planning Division ■ 21 4 Project: Russell and Hinton GPA 96-02 and Rezone 96-03 �1 ENVIRONMENTAL REFERENCE.MATERIAL 1. Butte County Planning Department. Earthquake.a_nd Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subside ce and.Landslide Potential Map 111-.1, Safety Element. Oroville, CA CH2M Hill, 1977. } 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive S ils Map 111-3. Safety Element: Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivijy Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Man. Oroville, CA. 11. Northwestern District Department of Water Res6urces. Chico Nitrate Study Map,Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maas, Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. ; 15. Soil Map, Chico (1925)/Oroville Q 926) Area. United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville •1926) Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 18. Trip Generation. Institute of Transportation Engineers. 1991 k:\projects\russell.gpa\russell.is ■Butte County Development Services Department ■ Planning Division ■ 22 ............. Eat& coaft DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916) 538-7785 June 25, 1996 Anne Russell and Don Hinton 5810 Pentz Paradise, CA 95969 Re: General Plan Amendment, 96-02 and Rezone 96-01, AP 011-340-014 Dear Ms. Russell and Mr. Hinton: At the regular meeting of the Butte County Board of Supervisors held June 25, 1996, Ordinance No. 3277 was adopted which rezones from FR-40 to FR-20 that property located on the east side of Centerville Road, 1300 feet south of Helltown Road, Chico. Resolution 96-74 was adopted amending the General Plan from Grazing and Open Lands to Agricultural Residential and R Resolution 96-75 was adopted approving a Condition Zoning Agreement. For purposes of the California Environmental Quality Act a Notice of Determination must be filed. The fee for a De Minimus Negative Declaration is the $25.00 documentary handling fee. A check made payable to the Butte County Treasurer in the amount of $25.00 should be submitted to the Planning Division by July 1, 1996. Should you have any questions regarding this matter, please contact the Planning Division at (916) 538-7601, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very truly yours, • iam Farrel evelopment Services Director WF:lr cc: . Clerk of the Board G AGENDA REPORT TO: Honorable Chair and Board of Supervisors FROM: Stephen Betts, Assistant Planner DATE: June 12, 1996 REQUEST: File # GPA 96-02 & REZ 96-03 for Anne Russell and Don Hinton on APN 011-340-014: A request to amend the Butte County General Plan designation from Grazing-Open Land to Agricultural-Residential and change the zoning from FR-40 to FR-20 on a 20-acre portion of a 61 acre parcel, located on the east side of Centerville Road in Butte Creek Canyon, approximately five miles from the Honey Run Bridge. This project is located in Supervisorial District 5. FOR: Board of Supervisors Meeting of June 25, 1996 SUMMARY: At the regular meeting of the Butte County Planning Commission held March 28, 1996, this request was recommended for approval. PROJECT CHARACTERISTICS: This request is to amend the Butte County General Plan designation from Grazing-Open Land to Agricultural-Residential and change the zoning from FR- 40 to FR-20 on a 20-acre portion of a 61 acre parcel. Approximately ten (10) acres of the project site is located within Agricultural-Residential general plan designation. The 61 acre parcel has been developed with one single-family dwelling. The parcel has been extensively mined and the scars from the mining operations are very apparent. Several 100 foot plus high vertical cliffs are located on the project site, which are a result of hydraulic mining operations. The 20-acre portion has slopes that are generally less than 30%. One filled-in mine is located near the residence. Vegetation on the parcel is mainly composed of small oak and pine trees, dense brush, and a few small grasslands. The applicant states that the parcel is not adequate for grazing due to the past mining operations, the topography of the parcel, and the extensive brush on the parcel. The parcel sits on the east side of Butte Creek Canyon, and has slopes of between 0% and vertical. One small seasonal creek passes through the southwest section of the parcel. Access to the parcel is via a private road from Centerville Road. The parcel obtains its domestic water from an on-site well, and sewage disposal is handled via an on-site septic system. The nearest fire station (Butte County Volunteer Fire Station #27) is located approximately one mile away. Surrounding parcels range in size from 8 to 257 acres. Surrounding parcels are zoned FR-40 to the northeast and to the south, and FR-10 to the south and to the west. There is also FR-5 zoning located further to the northwest and southwest. The Land Use Element of the Butte County General Plan designates surrounding parcels as Grazing-Open Land and Agricultural- ■ Butte County Department of Development Services■ Planning Division ■ 1 Residential. Surrounding land uses are rural residential, agricultural (grazing), and open space. ANALYSIS: The 20-acre portion of the project site appears to meet the criteria for a General Plan designation of Agricultural-Residential. These criteria are: 1. Beyond service area of community water and sewer systems - The project site is not serviced by any community water or sewer systems and none are located in the project area. 2. Less than 30% slope - The 20-acre project site has an average slope of 22%. Approximately 63% (12.5 acres) of the 20-acre project site is in the 10% to 20% range, with some flatter areas. The eastern section of the 20-acre project site (approximately .7.5 acres) contains slopes that are 30% to 40%. 3. Adjacent or near to existing roads and public utilities - The project site lies adjacent to Centerville Road and has access to it via a private road. The project site is serviced by PG&E power lines. 4. Not within floodplains or known active faults - The project site is not located within a floodplain and is not located near any known active faults. 5. Past official actions - Parcels adjacent to the 20-acre portion are zoned FR-10. Other nearby parcels along Centerville Road are zoned FR-5. Approximately ten acres of the project site is already designated by the Land Use Element of the Butte County General Plan as Agricultural-Residential. This general plan designation will be altered so as to encompass the 20 acre portion as depicted in Exhibit A-1 (attached to the resolution). The general plan designation of the remaining 41 acres will be altered so as to place all of it in the Grazing-Open Land designation. Approval of this General Plan Amendment and Rezone will allow the applicant to submit an application for a parcel map to create a 20 acre parcel. This 20-acre parcel would be permitted to have one single-family dwelling and accessory buildings. No significant major environmental constraints have been identified for the site. The County will have an opportunity to address any and all potentially significant, substantial, incremental, and cumulative impacts relating to development of the 20-acre parcel at the time of application submittal for a tentative parcel map. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and is subject to the requirements of CEQA. An Initial Study has been prepared by County staff. Based upon the review of the Initial Study, staff has determined that the project will not have any impacts to the environment. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and was mailed to all property owners within a 300 foot radius of the subject property. ■ Butte County Department of Development Services■ Planning Division ■ 2 RECOMMENDATION: It is recommended that the Board of Supervisors accept the recommendation of the Planning Commission and adopt an ordinance approving the General Plan Amendment and Rezoning for Anne Russell and Don Hinton on APN 011-340-014, subject to the findings and conditions in the attached Exhibit A. Reviewed and Approved by: VAIJ William 06rre Director of evelopment Services EXHIB T A: Findings/Action Attachments: A. Planning Commission Minutes B: Conditional Zoning Agreement and Resolution C: Ordinance D: Agenda Report for Planning Commission ■ Butte County Department of Development Services■ Planning Division ■ 3 EXHIBIT.A Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act and no potentially significant environmental effects were identified. B. A proposed Negative Declaration has been completed in compliance with the California Environmental Quality Act; and C. The Board of Supervisors has independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of the County of Butte; and Section 2: General Plan and Zoning Findings. A. Find that the characteristics of the project site meet the criteria for inclusion into the requested General Plan designation of Agricultural-Residential; and B. Find that the rezone conforms to the policies, including the text and map of the Butte County General Plan, because the requested zone is listed as a zone that is consistent with the requested Agricultural-Residential General Plan designation and the uses permitted by the zone will be consistent with the General Plan and surrounding properties; and Section 3: Action. A. Direct that the General Plan map be amended to allow the one 20 acre parcel to be created within the Agricultural-Residential General Plan designation and only that portion will be taken from the Open and Grazing Land. B. Subject to the findings indicated in Sections 1 and 2 of this report, move to adopt a Negative Declaration for the General Plan Amendment and Rezoning of a 20- acre section on APN 011-340-014. C. Subject to the findings indicated in Sections 1 and 2 of this report, move to adopt a Resolution amendment the General Plan to Agricultural Residential; and D. Adopt an Ordinance Rezoning a 20-acre portion of APN 011-340-014 to FR-20 for Anne Russell and Don Hinton as shown on Exhibit B; and ■ Butte County Department of Development Services■ Planning Division ■ 4 r � � E. Adopt a Resolution approving a Conditional Zoning Agreement subject to the following condition: 1. Access to be specified as stated by easement to the proposed parcel. Uprojects\russell\russell.bos ■ Butte County Department of Development Services■ Planning Division ■ 5 utte ount A 1 7 C A f 7 PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: 19161538-7601 FAX: 1916)538-7785 April 1, 1996 Anne Russell and Don Hinton 5810 Pentz 13570 Centerville Road Paradise, CA 95969 Chico, CA 95928 Re: GPA 96-02 and Rezone 96-01, AP 011-340-014 Dear Mr. Hinton and Ms. Russell: At the regular meeting of the Butte County Planning Commission held March 28, 1996, your request for a General Plan Amendment from Grazing and Open Lands to Agricultural Residential and rezoning from FR-40 to FR-20 for property located in the Butte Creek Canyon area, was recommended for approval subject to the following condition: 1. Access be specified as stated by easement to the proposed parcel. A report of this matter will be made to the Clerk of the Board of Supervisors. The Clerk of the Board will set the time and place for the public hearing and you will be notified of that date. Enclosed is the Agreement approved by the Butte County Planning Commission on March 28, 1996. The signature must be notarized before this Agreement can be signed by the Chairman of the'Board of Supervisors and recorded in the Office of the Recorder. Please have this Development Agreement signed and notarized and returned to this office for hearing and recordation. A final copy will be sent to you for your records. Should you have any questions regarding this matter, please contact this office. Very truly yours, jla �. rHo* g M na r BKH:lr cc: Clerk of the Board II CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this day of , 19 , by and between "First Party", as identified in item (a) of Exhibit I of this Agreement, and the COUNTY OF BUTTE, a political subdivision of the State of California, herein called "Second Party". WITNESSETH 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 specified in Item (b) 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 (c) 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 real property must be imposed so as not to create any problems inimical to the health, safety and the general welfare of the County of Butte. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification specified in Item (c) of Exhibit I is being granted, the said reclassification shall be subject to the conditions specified in the following paragraphs: I. 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. 2. That First Party shall construct and comply with all the following conditions: 2a. Access to be specified as stated by easement to the proposed parcel. 3. 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 5, 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 (b) of Exhibit I or any other suitable classification. 4. Notice of violation of provisions of this Agreement shall be sent to First Party • • at the address specific in Item (d) of Exhibit I and to the street address of the property described in Item (d) 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. 5. 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. 6. 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. i COUNTY OF BUTTE, a political subdivision of the State of California By Chairperson of the Board of Supervisors "Second Party" ATTEST: Clerk of the Board of Supervisors EXHIBIT 1 Agreement (a) "First Party", as used in this Agreement, includes each and all of the following: Anne Russell and Don Hinton. (b) The property is now zoned: FR-40 (c) The zoning reclassification of the property is from its present zoning to: FR-20 (d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: Anne Russell, 5810 Pentz, Paradise, CA 95966 and Don Hinton 13570 Centerville Road, Chico, CA 95928. (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: FR-20 (f) "Property", as used in this Agreement, includes: All that certain real property situate in the State of California, County of Butte, described as follows: Parcel 1: Being a portion of Lot 37 of Section 4, T22N R3E MDB&M, and being more particularly described as follows: Beginning at the southwest corner of said Lot 37, said point being as shown and described on that certain record of survey map recorded in the office of the Recorder of Butte County, California, on June 12, 1980, in Book 74 of Maps, at Page 91; thence following along the westerly boundary line of said Lot 37, N 0° 10' 11" W for 865.11 ft. to a point on a line located 200.00 ft. southerly of and parallel to the centerline of the most southerly Pacific Gas & Electric Company penstock and being the NW corner of that certain parcel of land described in deed to Melville Mining Co. Ltd., recorded October 21, 1931, in Book 74 of the official records of Butte County, California, at Page 465; thence following along said parallel line and the.northerly boundary line of said mining co. parcel, N 780 38' 31" E for 1859.12 ft.; thence leaving said parallel line, N 890 49' 49" E, and continuing along said mining company northerly boundary line, for 579.18 ft. to a point located in the easterly boundary line of said Lot 37 and being also the NE corner of said mining company parcel; thence following along said easterly boundary line of Lot 37, S° 10' 01" E for 1233.79 ft. to the SE corner of said Lot 37, said point being as shown and described on said record of survey map; thence N 89° 58' 50" W for 2402.92 ft. to said point of beginning. • • Excepting therefrom all mineral interest as reserved in the deed from Pacific Gas and Electric Company to Melville Mining Co. Ltd., recorded on October 21, 1931, in Book 74, official records of Butte County, at Page 465. Parcel ll: A non-exclusive easement for road and public utility purposes over a strip of land 60.00 ft. in width lying westerly of and coincident to the following described line: Beginning at the SW corner of Lot 37 of Section 4, T22N R3E MDB&M; thence following along the westerly boundary line of said Lot 37, N 0° 10' 11" W for 1016 ft. to the centerline of Centerville Road, said point being the. true point of beginning for the line herein described; thence from said true point of beginning, S 00 10' 11" E along the westerly boundary line of Lot 37 for 150.7 ft to the NW corner of Parcel 5, as described in that certain gift deed to Charles R. Kitchen, Et al, recorded January 22, 1976, in Book 2043 of the official records of Butte County California, at Page 316; thence continuing along said westerly boundary line of said Lot 37, S 00 10' 11" E for 65.00 ft. to the end of said described line. The sidelines of the above described easement area are to be lengthened or shortened to intersect road centerline. Y Project: Russell and Hintodi GPA 96-02 and Rezone 96-03 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND- A. ACKGROUNDA. Applicant and/or Project Name: Anne Russell and Don Hinton General Plan Amendment and Rezone B. Project No. and AP No.: GPA 96-02 and Rezone 96-03, APN 01.1-340-014 C. Address of Applicant and Representative: 13570 Centerville Road, Chico, CA 95928 D. Project Description and Location: This is a request to amend the General Plan designation from Grazing-Open Land to Agricultural-Residential, and to change the zoning from FR-40 to FR-20, on a 20-acre portion of the applicant's 61-acre property. Approval of this project could lead to the creation of a 20-acre parcel. The property is located on the east side of Centerville Road, behind the Centerville Museum, in Butte Creek Canyon. The property sits on the east side of Butte Creek Canyon(Nimshew Ridge)and is developed with one single-family dwelling. Portions of the property have been extensively mined, both hydraulically and by underground mines. Several 100 foot-plus cliffs, resulting from hydraulic mining, are located on the property. One filled-in mine exists, and the potential for more mines on the property is high. The property is covered with mostly young oak and pine trees, extensive brush, and some grass lands. The property is located in Deer Herd Critical Winter Range, but is in a Designated Development Zone. Additional project description and area description can be found in the data sheet at the end of this document. II. EVALUATION OF ENVIRONMENTAL IMPACTS 1. Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? Yes No X Maybe Response: The project is a Legislative action, not a development project. No earth moving or development activities are involved. This is a project that may result,if approved, in changing the land use designation for a 20 acre portion of the project site from Grazing-Open Land to Agricultural- Residential and changing the zoning from Foothill-Recreational 40 to Foothill-Recreational 20. Approval of this project would allow the applicant to submit a tentative parcel map application to create a 20 acre parcel. At that time, the County will have an opportunity to address any and all potentially significant, substantial, incremental, and cumulative impacts relating to a development ■Butte County Development Services Department ■ Planning Division ■ 1 Project: Russell and Hinton GPA 96-02 and Rezone 96-03 project. Mitigation: None required. ` b. Disruptions, displacements, compaction or overcovering of the soil? Yes No X Maybe Response: This proposal will not cause any modifications to the soil. Future development on the property could impact the soils on the project site. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. c. Substantial change in topography or ground surface relief features? Yes No X Maybe Response: This proposal will not cause any changes to the project site's topography. Future development on the property could impact the topography on the project site. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. d. The destruction, covering or modification of any unique geologic or physical features? Yes No X Maybe Response: This proposal will not cause any modifications to any unique geologic or physical feature located on the project site. Future development on the property could impact any unique geologic or physical feature on the project site. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. e. Any substantial increase in wind or water erosion of soils,.either on or off-site? Yes No X Maybe Response: This proposal will not cause any increase in wind or water erosion of soils, either on or off the project site. Future development on the property could cause an increase in wind or water erosion of soils. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of any lake? I ■Butte County Development Services Department ■ Planning Division ■ 2 I Project: Russell and HintVGPA 96-02 and Rezone 96-03 Yes No X Maybe Response: This proposal will not change the deposition or erosion that will modify any drainage. Future development on the property could cause changes in deposition or erosion. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. g. Loss of prime agriculturally productive soils outside designated urban areas? Yes No X Maybe Response: This project site does not contain prime agricultural soils. Mitigation: None required. h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud-slides, ground failure, or similar hazards? Yes No X Maybe Response: Based upon the Safety Element of the Butte County General Plan there are no known geologic faults in the area and approval of this proposal will not expose people or property to geologic hazards. Mitigation: None required. 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? Yes No X Maybe Response: Approval of this project will not cause an increase in air emissions or deterioration of ambient air quality. Mitigation: None required. b. The creation of objectionable odors? Yes No X Maybe Response: The proposal will not create objectionable odors, smoke or fumes. Mitigation: None required. c. Alteration of air movement, moisture, temperature, or any change in climate, whether locally or regionally? ■Butte County Development Services Department ■ Planning Division ■ 3 Project- Russell and Hinton GPA 96-02'and Rezone 96-03 Yes No X Maybe Response: Only large projects such as the construction of a large high-rise buildings, the creation of a large water body (such as a lake or thousands of acres of rice fields), massive defoliation, or introduction of large tracts of vegetation where there was previously none,would have the climactic effects discussed in this question. Since this project has none of these characteristics it will not result in any change in air movement, moisture, temperature,•or climate. Mitigation: None required. 3. Water. Will the proposal result in: a. Substantial changes in currents, or the course or direction of water movements, in fresh waters? Yes No X Maybe Response: One small seasonal drainage is located on the subject property. The project will not affect this watercourse. Setbacks from the drainage may be required at the time of land division application. The parcels are large enough to accommodate these setbacks. Mitigation: None required. b. Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff on-site or into any water body? Yes No X Maybe Response: This proposal will not cause any changes in the absorption rate or amount of surface runoff, either on or off the project site,nor will it alter the drainage patterns on the site. Future development on the property could alter the drainage patterns, and cause an increase in the absorption rate-or amount of surface runoff. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. c. Need for off-site surface drainage improvements, .including vegetation removal, channelization or culvert installation? Yes No X Maybe Response: This proposal will not create a need for off-site surface drainage improvements. It is not likely that the creation of a 20 acre parcel will require any off site drainage improvements, but the issue will be addressed in detail at the time of parcel map submittal. Mitigation: None required. d. Alternations to the course or flow of flood waters? ■Butte County Development Services Department ■ Planning Division ■ 4 Project: Russell and HintonZiPA.96-02 and Rezone 96-03 Yes No X Maybe Response: This proposal will not cause alterations to the course or flow of flood waters because no j portion of the project site is located in a flood zone. Mitigation: None required. e. Discharge into surface waters, or in any alteration or surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Yes No X Maybe Response: This proposal will not cause a change in water quality. Future development on the property could lead to a degradation in water quality. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. f. Alteration of the direction of rate of flow of ground waters? Yes No X Maybe Response: This proposal will not cause a change in the direction or rate of flow of ground waters. Future development on the property could cause a change in the direction or rate of flow of.ground waters. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. h. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? Yes No X Maybe Response: See response in item Ih. Mitigation: None required. i. Substantial reduction in the amount of water otherwise available for public water supplies? Yes No X Maybe Response: No public water system or supplies serve the area and a substantial reduction in public water supplies will not occur as a result of project approval. Potentially one additional 20-acre parcel could be created with the future approval of a tentative parcel map. Generally, ground water is available in the area to serve such a development. Mitigation: None required. ■Butte County Development Services Department ■ Planning Division ■ 5 Project: Russell and HiAWPA 96-02 and Rezone 96-03 j. Exposure of people or property to water related hazards such as flooding? Yes No X Maybe Response: The project site is not within a designated flood zone area and therefore no people or property will be subject to a flood hazard. Mitigation: None required. 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops and aquatic plants)? Yes No X Maybe Response: The project site is located in a foothill woodland habitat and the proposed project will not significantly affect the diversity of the area plant life. If a future land division is approved, there will be the potential for some loss of oak-trees which will have to be mitigated through the land division process. Mitigation: None required. b. Reduction of the numbers of any unique, rare or endangered species of plants? Yes No X Maybe Response: The project site contains habitat that is known to support unique, rare or endangered plant species. Botanical surveys conducted on nearby properties have identified such plant species. If a future land division is approved,there will be the potential for some loss of unique, rare or endangered plant species which will have to be mitigated through the land division process. A botanical survey would most likely be required to identify any endangered plant species prior to any land division. Mitigation: None required. c Introduction of new species of plants into an area of native vegetation, or in a barrier to 'the normal replenishment of existing species? . Yes No X Maybe Response: This project will not introduce new plant species into the area, nor will it cause a barrier to the normal replenishment of existing species. Future development on the property could introduce new plant species and may prevent normal plant replenishment. These concerns will be addressed at the time of tentative parcel map submittal. ,I Mitigation: None required. ■Butte County Development Services Department ■ Planning Division ■ i I 6 ,I I Project- Russell and Hinton PA 9b-02 and Rezone -03 • � o G o e 96 d. Substantial.reduction in acreage of any agricultural crop? Yes No X Maybe Response: The site does not contain any agricultural crops and therefore this project will not reduce the acreage of any agricultural crop. Mitigation: None required. 5. Animal Life. Will the proposal result in: a. Change in the diversity of species or numbers of any species of animals(birds, land animals, reptiles, fish, shellfish, benthic organisms or insects)? Yes No X Maybe Response: This proposal will not cause a change in the diversity of animal species or the numbers of any animal species. If a new 20 acre parcel is created and developed with one residence, it is unlikely to impact the animal diversity of the area. Mitigation: None required. b. Reduction of the numbers of any unique, rare or endangered species of animals? Yes No X Maybe Response: The property does not contain habitat that would support any unique, rare or endangered species of animals. Mitigation: None required. c. Introduction of new species of animals into an area, or in a barrier to the migration or movement of animals? Yes No X Maybe Response: This proposal will not introduce new species of animals into the area, nor will cause a barrier to the migration of movement of animals. Future development on the property could introduce new animals species into the area. Future development on the property could also act as a barrier to the movement of deer. The project site is located within critical winter deer habitat, but is inside a Designated Development Zone. Concerns about barriers to deer movement will be addressed at the time of tentative parcel map submittal. Mitigation: None required. d. Deterioration to existing fish or wildlife habitat? ■Butte County Development Services Department ■ Planning Division ■ 7 Project" Russell and HmtoGPA 96-02 and Rezone 96-03 Yes No X Maybe Response: This proposal will not cause a deterioration to existing fish or wildlife habitat. Future development on the property could lead to a deterioration to these habitats. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. 6: Noise. Will the proposal result in: a. Substantial increases in existing noise levels? Yes No X Maybe Response: The proposal will not result in a substantial increase in noise created--on-site or in the vicinity. Mitigation: None required. b. Exposure of people to severe noise levels? Yes No X Maybe Response: No noise will result from this project. Mitigation: None required. 7. Light and Glare. Will the proposal produce substantial new light or glare? Yes No X Maybe Response: This project will not create any new light or glare. Mitigation: None required. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of the area? Yes No Maybe X i Response: This proposal is for an amendment to the General Plan designation for a 20 acre portion of the 61 acre parcel. The applicant wishes to change the General Plan designation from Grazing-Open Land to Agricultural-Residential. Most of the subject parcel has a General Plan designation of Grazing-Open Land, but the west most portion of the parcel has a designation of Agricultural- Residential. There is Agricultural-Residential designation immediately to the west and northwest of the subject parcel. Evaluating the land use based on the General Plan criteria would indicate that the property fits the Agricultural-Residential designation better than the Grazing-Open Land designation. Grazing on the subject parcel is not practical due the heavy brush and mining spoils located on the ■Butte County Development Services Department ■ Planning Division ■ 8 Project: Russell and Hint*PA 96-02 and Rezone 96-03 parcel. Based on the text of the General Plan, staff could make the findings that parcels less then 40 acres would conform to the General Plan. This proposal is also a request for a rezone of the 20 acre portion from FR-40 to FR-20. Approval of this project could slightly alter the land use on a portion of the 61-acre parcel by increasing the density of development. Rezoning the 20-acre portion to FR-20 would allow the creation of a 20-acre parcel after a tentative parcel map has been approved and finalized. Surrounding parcels are zoned FR-10 and FR-20. Nearby properties (within 2,000 feet) are zoned FR-5 and FR-20. Mitigation: None required. 9. Natural Resources. Will the proposal result in: a. Substantial increase in the rate of use of any natural resource? Yes No X Maybe Response: The proposal will not affect the use of any natural resource. Mitigation: None required. b. Substantial depletion of any non-renewable natural resource? Yes No X Maybe Response: See response item 9.a. Mitigation: None required. 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Yes No X Maybe Response: This project will not cause an explosion or the release of hazardous materials. Mitigation: None required. b. Possible interference with an emergency response plan or an emergency evacuation plan? Yes No X Maybe Response: There is not an adopted emergency response plan or evacuation plan that for this area and therefore the proposed project will not affect any such plan. This is not a development project that could potentially impact upon any emergency evacuation plan,were there one in existence. ■Butte County Development Services Department ■ Planning Division ■ 9 Project: Russell and Hin*GPA 96-02 and Rezone 96-03 , Mitigation: None required. 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? r Yes No X Maybe Response: The proposal will not affect the population of the area because the proposal is not a development project but rather a plan project, that is, a change in land use designation and zoning. Mitigation: None required. 12. Housing. Will the proposal affect existing housing or create a demand for additional housing? Yes No X Maybe Response: This project will not directly result in the creation of a new parcel . However, approval of this project could allow the applicant to apply for a tentative parcel map to create a 20 acre parcel. The addition of one new residence to the area will not affect the housing market. Mitigation: None required. 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? Yes No X Maybe Response: This project will not generate any significant additional vehicular traffic to the local area than is already occurring. If a new 20 acre parcel is created approximately seven additional daily trips will be generated. This will not affect the Level of Service on Honey Run Road. Mitigation: None required. b. Effects on existing parking facilities or demand for new parking? Yes No .X Maybe Response: The proposal will not affect parking because compliance with the parking standards contained within Butte County Code Section 24-35 will be enforced. Mitigation: None required. c. Substantial impact upon existing transportation systems, including public transportation services? Yes No X Maybe ■Butte County Development Services Department ■ Planning Division ■ 10 Project: Russell'and Hint*GPA 96-02 and Rezone 96-03 0 Response: Approval of this project will not result in a substantial increase in congestion and maintenance requirements on area roads and on public transportation services. Mitigation: None required. d. Significant alterations to present patterns of circulation or movement of people and/or goods? Yes No X Maybe Response: The proposal will not alter the present pattern of circulation in the area. The circulation pattern on Centerville Road will not be affected. Mitigation: None required. e. Alterations to waterborne, rail or air traffic? Yes No X Maybe Response: The project is not located near any railroads, harbors, or airports and will therefore have no effect on those facilities. Mitigation: None required. f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Yes No X Maybe Response: This project will not result in traffic related hazards to motor vehicles, bicyclists or pedestrians. Mitigation: None required. 14. Public Services. Will the proposal have substantial effect upon or result in a need for new or altered governmental services in any of the following areas: a. Fire Protection? Yes No X Maybe Response: The project is located in an area with a very high fire hazard designation. The proposal will not directly result in an incremental increase in demand for fire protection in the area. Approval of this proposal could allow the applicant to submit tentative parcel map application in order to create a new parcel. The tentative parcel map would be then conditioned to meet the requirements of the California Department of Forestry to mitigate the impacts caused by a new parcel . Mitigation: None required. b. Police protection? ■Butte County Development Services Department ■ Planning Division ■ 11 Project: Russell and Hin*GPA-96-02 and Rezone 96-03 • Yes No X Maybe Response: Approval of this project will not result in a need for increased police protection. Mitigation: None required. c. Schools? Yes No X Maybe Response: Approval of this project will not result in a need for increased school facilities. If a new parcel is created, school fees will be collected at time of building permit application. Mitigation: None required. d. Parks or other recreational facilities? Yes No X Maybe Response: The proposal will not result in an incremental increase to demand for park and recreation facilities in the area. Mitigation: None required. e. Maintenance of public facilities including roads? Yes No X Maybe Response: The proposal will not result in an increase in the need for maintenance of roads and other public facilities in the area. Mitigation: None required. f. Other governmental services? Yes No X Maybe Response: The proposal will not result in an increase in demand for all other governmental services in the area. Mitigation: None required. 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? Yes No X Maybe ■Butte County Development Services Department ■ Planning Division ■ 12 Project: Russell and HintVGPA 96-02 and Rezone 96-03 'Response: This project will not result in the use of substantial amounts of fuel or energy. Mitigation: None required. b. Substantial increase in demand upon existing sources of energy or require the development of new sources of energy? Yes No X Maybe Response: The project will not result in substantial increases in demand upon existing sources of energy. The project is located in an area that is already served by Pacific Gas and Electric and can serve the energy requirements of this project without substantial alteration to existing facilities. Mitigation: None required. 16. Utilities. Will the proposal result in a need for new systems or substantial alterations to the following utilities: a. Power or natural gas? Yes No X Maybe Response: Pacific Gas and Electric already has electric distribution lines in the area and can serve the energy requirements of this project without substantial alteration to existing facilities. Mitigation: None required. b.. Communication systems? Yes No X Maybe Response: Pacific Telesis already has distribution lines in the area and can serve the communication needs of this project without substantial alteration to existing facilities. Mitigation: None required. c. Water? Yes No X Maybe Response: The residential unit on the project site obtains its domestic water from a well located on the site. Water needs for future parcels would be addressed at time of tentative map application submittal. Mitigation: None required. d. Sewer or septic tanks? Yes No X Maybe ■Butte County Development Services Department ■ Planning Division ■ 13 Project: Russell and HintOGPA 96-02 and Rezone 96-03 Response: The residential unit on the project site uses an on-site septic system for waste disposal. Sewage disposal needs for future parcels would be addressed at time of tentative map application submittal. Mitigation: None required. e. Storm water drainage? Yes No X Maybe Response: Storm water runoff is directed according to the topography of the site to natural drainage channels. The proposal will not effect water drainage. Mitigation: None required. f. Solid waste and disposal? Yes No X Maybe Response: Currently, the Butte County Landfill still has capacity to serve any development proposed on the parcel by the applicant. Mitigation: None required. 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? Yes No X Maybe Response: The proposal will not create any health hazard. Mitigation: None required. b. Exposure of people to potential health hazards? Yes No X Maybe Response: This proposal will not expose people to any health hazards. Mitigation: None required. 18.' Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public or will the proposal result in the creation of an aesthetically offensive site open to public view? Yes No X Maybe Response: The proposal will not result in an aesthetically offensive view because it is consistent with ■Butte County Development Services Department ■ Planning Division ■ 14 Project: Russell and Hint•GPA 96-02 and Rezone-96-03 • surrounding development. Mitigation: None required. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? - Yes No X Maybe Response: The proposal will not result in an impact on the quality or quantity of existing recreational opportunities in the area. Mitigation: None required. 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Yes No X Maybe Response: The subject property is located in an area designated as having a high archeological sensitivity. Historic mining operations have occurred on the subject property and the potential exists for historic structures and/or objects to be found on the site. The proposal will not affect archaeological sites. Future development on the property could impact archeological sites. These concerns will be addressed at the time of tentative parcel map submittal. Mitigation: None required. b. Will the proposal result in adverse physical or aesthetic effects to the prehistoric or historic building, structure or object? Yes No X Maybe Response: See the response to item 20.a. . Mitigation: None required. c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Yes No X Maybe Response: The proposal will not affect cultural resources. Mitigation: None required. d. Will the proposal restrict existing religious or sacred uses within the potential impact area? ■Butte County Development Services Department ■ Planning Division ■ 15 Project: Russell and Hinton GPA.96=02 and Rezone 96-03 Yes No X Maybe Response: The proposal will not affect religious resources. Mitigation: None required. ■Butte County Development Services Department ■ Planning Division ■ 16 Project: Russell and Hint9GPA 96-02 and Rezone 96-03 III. MANDATORY FINDINGS OF SIGNIFICANCE. I. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? Yes No X Maybe Response: As discussed in Section II of this document, approval of this project will not significantly degrade the quality of the environment. 2. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure will into the future.) Yes No X Maybe Response: The project, as discussed in Section II of this Initial Study, will not result in short-term benefits of the expense of impacting long-term environmental goals. 3. Does the project have impacts which are individually limited, but cumulatively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Yes No X Maybe Response: As discussed in Section II of this document, this proposal will not have a significant cumulative impact on the environment. 4. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Yes No X Maybe Response: As discussed in Section II of this Initial Study, this proposal will not have a significant adverse effect on human beings. IV. DETERMINATION On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ■Butte County Development Services Department ■ Planning Division ■ 17 Project: Russell and Hint GPA 96-02 and Rezone 96-03 I find,that although the proposed project COULD HAVE a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described herein have been added to the conditions of approval for the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date: December 18, 1995 Prepared by: Stephen Betts, Assistant Planner Reviewed by: j Craig S ders, Senior Planner ■Butte County Development Services Department ■ Planning Division 0 18 Project: Russell and Hint'*GPA 96-02 and Rezone.96=03 • V. MITIGATION MEASURES AND MONITORING REOUIREN ENTS None I I ■Butte County Development Services Department ■ Planning Division ■ 19 ..Project: Russell and Hinton GPA 96-02 and Rezone 96-03 DATA SHEET A. Project Description 1. Type of Project: General Plan Amendment from Grazing-Open Land to Agricultural-Residential and Rezoning from FR-40 to FR-20. 2. Proposed Density of Development: One new 20-acre parcel could be created. 3. Amount of Impervious Surfacing: Very minimal. 4. Access and Nearest Public Road(s): Private road Centerville Road. 5. Method of Sewage Disposal: Individual septic systems. 6. Source of Water Supply: Individual wells. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: None under existing zoning and mitigations. B. Environmental Setting 1. Terrain a General Topographic Character: East slope of Butte Creek Canyon. b. Slopes: 0% to 40%, some vertical slopes as a result of hydraulic mining. c. Elevation: 640 to 1200 feet above sea level. d. Limiting Factors: Slopes over 30%. 2. Soils a. Types and Characteristics: Aiken Clay Load, Stony Phase; mining spoils b. Limiting Factors: Limited soil depth, highly erodible 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: High c. Landslide Potential: Moderate overall, vertical cliffs from hydraulic mining may be prone to landsliding. d. Fire Hazard: High e. Expansive Soil Potential: Low 4. Hydrology a. Surface Water: One small seasonal stream b. Ground Water: Unknown, potentially limited. c. Drainage Characteristics: Downhill to Butte Creek d. Annual Rainfall (normal): 45 inches per year. . e. Limiting Factors: Unknown ground water quantities. 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. Vehicle traffic on Centerville Road can be heard throughout site. 7. Air Quality: Good, except when stagnant air conditions persist in the canyon. 8. Vegetation: Oak and pine trees, extensive brush and grasses, possible habitat for rare/endangered plants 9. Wildlife Habitat: Small birds and animals common to foothills. Critical winter habitat for the Mooretown deer herd. ■Butte County Development Services Department ■ Planning Division ■ i 20 Project: Russell and HintgGPA 96-02 and Rezone 96-03 10. Archaeological and Historical Resources in the area: High sensitivity area for archaeological resources. Historic mining operations occurred on site. 11. Butte County General Plan designation: Agricultural-Residential and Grazing-Open Land 12. Existing Zoning: FR-40 (Foothill-Recreational 40 acre minimum parcel size). 13. Existing Land Use on-site: Rural residential 14. Surrounding Area: a. Land Uses: Rural residential b. Zoning: FR-40, FR-10 c. Gen. Plan Designation: Grazing-Open Land, Agricultural-Residential d. Parcel Sizes: 8 to 257 acres 15. Character of Site and Area: Rural residential 16. Nearest Urban Area: Paradise 17. Relevant Spheres of Influence: None 18. Improvement Standards Urban Area: None 19. Fire Protection Service: a. Nearest County(State)Fire Station: Station number 27 approximately 1 mile away. b. Water Availability: Fire tankers only. 20. Schools: Chico Unified School District. ■Butte County Development Services Department ■ Planning Division ■ 21 0 Project: Russell and Hinton GPA 96-02 and Rezone 96-03 ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: C112M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA C112M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV-1, Scenic Highway Element. Oroville, CA: C112M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map,Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 18. Trip Generation. Institute of Transportation Engineers. 1991 k:\projectsVwsell.gpa\russell.is ■Butte County Development Services Department ■ Planning Division ■ 22 J u I u 0 4 v \ F � ' ORDER 110. BU-111065 LP DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, DESCRIBED AS FOLLOWS: PARCEL I: 'BEING A PORTION OF LOT 37 OF SECTION 4, TOWNSHIP 22 NORTH, RANGE 3 EAST, M.D.H. & M. , AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID' LOT 37, SAID POINT BEING AS SHOWN AND DESCRIBED ON THAT CERTAIN RECORD OF SURVEY MAP RECORDED IN THE OFFICE OF THE RECORDER OF BUTTE COUNTY, CALIFORNIAt ON JUNE 12, 1980, IN BOOK 74 OF MAPS, AT PAGE 91; THENCE FOLLOWING ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 37, NORTH 0 DEG. 10 ' 11" WEST FOR 865.11 FEET TO A POINT ON A LINE LOCATED 200.00 FEET SOUTHERLY OF AND PARALLEL TO THE CENTERLINE OF THE MOST SOUTHERLY PACIFIC GAS & ELECTRIC COMPANY PENSTOCK AND BEING THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO MELVILLE MINING CO. , LTD. , RECORDED OCTOBER 21, 1931, IN BOOK 74 OF THE OFFICIAL RECORDS OF BUTTE COUNTY, CALIFORNIA, AT PAGE 465; THENCE FOLLOWING ALONG SAID PARALLEL LINE AND THE NORTHERLY BOUNDARY LINE OF SAID MINING CO. PARCEL, NORTH . 78 DEG. .38 ' 31" EAST FOR 1859. 12 FEET; THENCE LEAVING , SAID PARALLEL .LINE, NORTH 89 DEG. 49 ' 49" EAST, AND CONTINUING ALONG SAID MINING COMPANY NORTHERLY BOUNDARY LINE, FOR 579.18 FEET TO A POINT LOCATED IN THE EASTERLY BOUNDARY LINE OF SAID LOT 37 AND BEING ALSO THE NORTHEAST CORNER OF SAID MINING COMPANY PARCEL; THENCE FOLLOWING ALONG SAID EASTERLY BOUNDARY LINE OF LOT 371 SOUTH 0 DEG. 10' 01" EAST FOR 1233 .79 FEET TO THE SOUTHEAST CORNER OF SAID IAT 37, SAID POINT BEING AS SHOWN AND DESCRIBED ON SAID RECORD, OF SURVEY MAP; THENCE NORTH 89 DEG. 58 ' 50" WEST FOR 2402.92 FEET TO SAID POINT OF BEGINNING. EXCEPTING THEREFROM ALL MINERAL INTEREST AS RESERVED IN THE DEED FROM PACIFIC GAS AND ELECTRIC COMPANY TO MELVILLE MINING CO. LTD. , RECORDED ON OCTOBER 21, 1931, IN BOOK 74, OFFICIAL RECORDS OF .BUTTE COUNTY, AT PAGE 465. PARCEL II: A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER A STRIP OF LAND 60. 00 FEET IN WIDTH LYING WESTERLY OF AND COINCIDENT TO THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF LOT 37 OF SECTION 41 TOWNSHIP 22 NORTH, RANGE 3 EAST, M.D.B. & M. ; THENCE FOLLOWING ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 37, NORTH 0 DEG. 10' 11" WEST FOR 1016 FEET TO THE CENTERLINE OF CENTERVILLE ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR THE LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, SOUTH 0 DEG. 10' 11" EAST ALONG THE WESTERLY BOUNDARY LINE OF LOT 37 FOR 150.7 FEET TO THE NORTHWEST CORNER OF PARCEL 5; AS DESCRIBED IPI THAT CERTAIN GIFT DEED TO CHARLES R. KITCHEN, ET AL, RECORDED JANUARY 22, 1976, IN BOOK 2043 OF THE OFFICIAL RECORDS OF BUTTE COUNTY, CALIFORNIA, AT PAGE 316; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY LINE OF SAID LOT 37, SOUTH 0 DEG. 10' 11" EAST FOR 65.00 FEET TO THE END OF SAID DESCRIBED LINE. THE SIDELINES OF THE ABOVE DESCRIBED EASEMENT AREA ARE TO BE LENGTHENED OR SHORTENED TO .INTERSECT ROAD CENTERLINES. Centerville Recreation and Historical Association 13541F Centerville Road Chico, CA 95928 Butte County Planning Commission 5 County Center Drive Oroville, CA 95965 March 28, 1996 Re: Anne Russell and Don Hinton - General Plan Amendment and Rezone Dear Commission: The Centerville Recreation and Historical Association would like to have on record that access to the proposed parcels (FR-40, FR-20) is via the legal easement as described on the attached document (ORDER NO. BU-111065 LP) . CENTERVILLE RECREATION AND HISTORICAL ASSOCIATION BOARD OF DIRECTORS ' ORDER N0. BU-111065 LP DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, DESCRIBED AS FOLLOWS: PARCEL I: 'BEING A PORTION OF LOT 37 OF SECTION 4, TOWNSHIP 22 NORTH, RANGE 3 EAST, M.D.B. & M. , AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 37, SAID POINT BEING AS SHOWN AND DESCRIBED ON THAT CERTAIN RECORD OF SURVEY MAP RECORDED IN THE OFFICE OF THE RECORDER OF BUTTE COUNTY, CALIFORNIAt ON JUNE 12, 1980, IN BOOK 74 OF MAPS, AT PAGE 91; THENCE FOLLOWING ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 37, NORTH 0 DEG. 10 ' 11" WEST FOR 865. 11 FEET TO A POINT ON A LINE LOCATED 200.00 FEET SOUTHERLY OF AND PARALLEL TO THE CENTERLINE OF THE MOST SOUTHERLY PACIFIC GAS & ELECTRIC COMPANY PENSTOCK AND BEING THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO MELVILLE MINING CO. , LTD. , RECORDED OCTOBER 21, 1931, IN BOOK 74 OF THE OFFICIAL RECORDS OF BUTTE COUNTY, CALIFORNIA,. AT PAGE 465; THENCE FOLLOWING ALONG SAID PARALLEL LINE AND THE NORTHERLY BOUNDARY LINE OF SAID MINING CO. PARCEL, NORTH 78 DEG. 38 ' 31" EAST FOR 1859.12 FEET; THENCE LEAVING . SAID PARALLEL LINE, NORTH 89 DEG. 49 ' 49" EAST, AND CONTINUING ALONG SAID MINING COMPANY NORTHERLY BOUNDARY LINE, FOR 579.18 FEET TO A POINT LOCATED IN THE EASTERLY BOUNDARY LINE OF SAID LOT 37 . AND BEING ALSO THE NORTHEAST CORNER OF SAID MINING COMPANY PARCEL; THENCE FOLLOWING ALONG SAID EASTERLY BOUNDARY LINE OF LOT 37, SOUTH 0 DEG. 10 O1 ' " EAST FOR 1233.79 FEET TO THE SOUTHEAST CORNER OF SAID LOT 37, SAID POINT BEING AS SHOWN AND DESCRIBED ON SAID RECORD OF SURVEY MAP; THENCE NORTH 89 DEG. 58 ' 50" WEST FOR 2402.92 FEET TO SAID POINT OF BEGINNING. EXCEPTING THEREFROM ALL MINERAL INTEREST AS RESERVED IN THE DEED FROM PACIFIC GAS AND ELECTRIC COMPANY TO MELVILLE MINING CO. . LTD. , RECORDED ON OCTOBER 21, 1931, IN BOOK 74 , OFFICIAL RECORDS OF BUTTE COUNTY, AT PAGE 465. PARCEL II: A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER A STRIP OF LAND 60. 00 FEET IN WIDTH LYING WESTERLY OF AND COINCIDENT TO THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF LOT 37 OF SECTION 4 , TOWNSHIP 22 NORTH, RANGE 3 EAST, M.D.B. & M. ; THENCE FOLLOWING ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 37, NORTH 0 DEG. 10' 11" WEST FOR 1016 FEET TO THE CENTERLINE OF CENTERVILLE ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR THE LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, SOUTH 0 DEG. 10' 11" EAST ALONG THE WESTERLY BOUNDARY LINE OF LOT 37 FOR 150. 7 FEET TO THE NORTHWEST CORNER OF PARCEL 5; AS DESCRIBED IPI THAT CERTAIN GIFT DEED TO CHARLES R. KITCHEN, ET AL, RECORDED JANUARY 22, 1976, IN BOOK 2043 OF THE OFFICIAL RECORDS OF BUTTE COUNTY, CALIFORNIA, AT PAGE 316; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY LINE OF SAID LOT 37, SOUTH 0 DEG. 10 ' 11" EAST FOR 65.00 FEET TO THE END OF SAID DESCRIBED LINE. THE SIDELINES OF THE ABOVE DESCRIBED EASEMENT AREA ARE TO BE LENGTHENED OR SHORTENED TO .INTERSECT ROAD CENTERLINES. 6,atte Coun L A N D 0 IF R A 1-,V A D B cc A U T PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: 1916)538-7601 FAX: (916)538-7785 February 21, 1996 Anne Russell - and Don Hinton 5810 Pentz 13570 Centerville Road Paradise, CA 95969 Chico, CA 95928 Re: GPA 96-02 and Rezone 96-03, AP 011-340-014 Dear Ms. Russell and Mr. Hinton: Enclosed is a copy of the Agenda Report concerning your application for a General Plan Amendment from Grazing &Open Land to Agricultural Residential and Rezone from FR-40 to FR-20Butte Creek Canyon area. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for March 28, 1996, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Stephen Betts of this office at 538-7601, between 8:00 a.m. and 4:00 p.m.,.Monday through Thursday. Very truly yours, , Barry K. Hogan Planning Manager Stephen Betts Assistant Planner SB:lr Enc. cc: k:Vorms\schedu1e.frm AGENDA ITEM t AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Barry K. Hogan, Planning Manager BY: Stephen Betts, Assistant Planner DATE: February 13, 1996 REQUEST: File# GPA 96-02 & REZ 96-03 for Anne Russell and Don Hinton on APN. 011-340-014: A request to amend the Butte County General Plan designation from Grazing-Open Land to Agricultural-Residential and change the zoning from FR-40 to FR-20 on a 20-acre portion of a 61 acre parcel, located on the east side of Centerville Road in Butte Creek Canyon, approximately five miles from the Honey Run Bridge. This project is located in Supervisorial District 5. RELATED ITEMS: None FOR: Planning Commission Meeting of March 28, 1996 SUMMARY: The proposed general plan amendment and rezone are consistent with each other. Staff recommends that the Planning Commission recommend the Board of Supervisors approve this application. PROJECT CHARACTERISTICS: This request is to amend the Butte County General Plan designation from Grazing-Open Land to Agricultural-Residential and change the zoning from FR-40 to FR-20 on a 20-acre portion of a 61 acre parcel. This amendment is one of two GPAs which will go forward to the Board together as one of the public initiated General Plan Amendments. The 61 acre parcel has been developed with one single-family dwelling. The parcel has been extensively mined and the scars from the mining operations are very apparent. Several 100 foot plus high vertical cliffs are located on the project site, which are a result of hydraulic mining operations. The 20-acre portion has slopes that are generally less than 30%. One filled-in mine is located near the residence, and there is a good probability that other mines are located elsewhere on the project site. Vegetation on the parcel is mainly composed of small oak and pine trees, dense brush, and a few small grasslands. The applicant states that the parcel is not adequate for grazing due to the past mining operations, the topography of the parcel, and the extensive brush on the parcel. The parcel sits on the east side of Butte Creek Canyon, and ■ Butte County Department of Development Services ■ Planning Division ■ 1 AGENDA ITEM has slopes of between 01/c and vertical. One small seasonal creek passes through the southwest section of the parcel. Access to the parcel is via a private road from Centerville Road. The parcel obtains its domestic water from a well, and sewage disposal is via a septic system. The nearest fire station (Butte County Volunteer Fire Station #27) is located approximately one mile away. Surrounding parcels range in size from 8 to 257 acres. Surrounding parcels are zoned FR-40 to the northeast and to the south, and FR-10 to the south and to the west. There is also FR-5 zoning located further to the northwest and southwest. The Land Use Element of the Butte County General Plan designates surrounding parcels as Grazing-Open Land and Agricultural- Residential. Surrounding land uses are rural residential, agricultural (grazing), and open space. ANALYSIS: The 20-acre portion of the project site appears to meet the criteria for a General Plan designation of Agricultural-Residential. These criteria are: 1. Beyond service area of community water and sewer systems - The project site is not serviced by any community water or sewer systems and none are located in the project area. 2. Less than 30% slope - The 20-acrej roect site has an average slope P 9 Pe of 22%. Approximately 63% (12.5 acres) of the 20-acre project site is in the 10% to 20% range, with some flatter areas. The eastern section of the 20-acre project site (approximately 7.5 acres) contains slopes that are 30% to 40%. 3. Adjacent or near to existing roads and public utilities - The project site lies adjacent to Centerville Road and has access to it via a private road. The project site is serviced by PG&E power lines. 4. Not within fioodplains or known active faults - The project site is not located within a floodplain and is not located near any known active faults. 5. Past official actions - Parcels adjacent to the 20-acre portion are zoned FR-10. Other nearby parcels along Centerville Road are zoned FR-5. Approval of this General Plan Amendment and Rezone will allow the applicant to submit an application for a parcel map to create a 20 acre parcel. This 20-acre parcel would be permitted to have one single-family dwelling and accessory buildings. No significant major environmental constraints have been identified for the site. The County will have an opportunity to address any and all potentially significant, substantial, incremental, and cumulative impacts relating to development of the 20-acre parcel at the time of .application submittal for a tentative parcel map. ■ Butte County Department of Development Services■ Planning Division ■ 2 AGENDA ITEM ENVIRONMENTAL DOCUMENTATION:This application has been defined as a project under the California Environmental Quality Act (CEQA) and is subject to the requirements of CEQA. An Initial Study Part 1 has been prepared by the applicant and Part 2 has been prepared by County staff. Based upon the review of the Initial Study, staff has determined that the project will not have any impacts to the environment. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and was mailed to all property owners within a 300 foot radius of the subject property. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of Application No. GPA 96-02 and REZ 96-03, subject to the findings and conditions listed in Exhibit A. Exhibits: A: Conditions of Approval Attachments: A: Vicinity Map B: Site Plan k:\projeM\rusw11\rusw11.gpa ■ Butte County Department of Development Services ■ Planning Division ■ 3 F - EXHIBIT A BUTTE COUNTY PLANNING COMMISSION File # GPA 96-02 & REZ 96-03 for Anne Russell and Don Hinton on APN 011-340-014 : A request to amend the Butte County General Plan designation from Grazing-Open land to Agricultural-Residential and change the zoning from-FR-40 to FR-20 on a 20-acre portion of a 61 acre parcel, located on the east side of Centerville Road in Butte Creek Canyon, approximately five miles from the Honey Run Bridge. This project is located in Supervisorial District 5. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act and no potentially significant environmental effects were identified. B. The design of the proposed project improvements.will not cause environmental damage to fish of wildlife or their habitat; and C. The planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of the County of Butte; and Section 2: General Plan and Zoning Findings. A. Find that the characteristics of the project site meet the criteria for inclusion into the requested General Plan designation of Agricultural-Residential; and B. Find that the rezone conforms to the policies, including the text and map of the Butte County General Plan, because the requested zone is listed as a zone that is consistent with the requested Agricultural-Residential General Plan designation and the uses permitted by the zone will be consistent with the General Plan and surrounding properties; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, move to recommend that the Planning Commission recommend that the Board of Supervisors amend the General Plan designation of a 20-acre section of parcel of APN 011-340-014 from Grazing-Open Land to Agricultural-Residential, and rezone the same 20-acre portion from FR-40 to FR-20, subject to the conditions ■ Butte County Department of Development Services■ Planning Division ■ 4 AGENDA ITEM listed herein. B. Minor changes may be approved administratively by the Director of Development Services, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. C. Conditions of Approval: None ■ Butte County Department of Development Services ■ Planning Division ■ 5 y - i I VP 'f lolll�a w►� 0 GOL GOL GOL AR 0 Project Location GOL BUTTE COUNTY PLANNING COMMISSION Applicant: Anne Russel!A Don Hinton Owner: Same Hearing Date: Match 28, 1996 @ 9:00 a.m. Fsisting Zone: FR-40(Foothill Recreational,40acm min.) N Request: General Plan Amendment from Grazing&Open Lands to Agriculftual-Residential No Scale Assessor Parcel No: 011-340-014 File: 96-02 • F 5 0 v Project Location FR-40 1 14 o� V -10 FR-40 FR-160 BUTTE COUNTY PLANNING COMMISSION [Applicant: Anne Russell A Don Hinton Owner. Same Hearing Date: Manch 25, 1996(d 9:00 a.m. Existing Zone: FR40(Foothill Recreational,40acre min.) N Request: Rezone from FR-40 to FR-20. No Scale Assessor Pareel No: 011-340-014 File: 9643 BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby.given by the Butte County Board of Supervisors that a public hearing will be held on Thursday, March 28, 1996, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEMS ON WHICH A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS HAVE BEEN RECOMMENDED Anne Russell and Dori Hinton - General Plan Amendment from Grazing and Open Lands to Agricultural-Residential and Rezone from FR-40 (Foothill Recreational - 40 acre parcels) to FR-20 (Foothill Recreational - 20 acre parcels) located on the east side of Centerville Road, 1300 feet south of Helltown Road, identified as AP 011-340-014,.Chico. (SB) (File GPA96-02 and REZ96-03) 9:00 a.m. - James January/North Valley Rehabilitation Foundation. Inc. - Use Permit to allow the expansion of a pre-existing nonconforming use to allow the construction of an agricultural maintenance training and storage building and off-street parking facility on 0.5 acres of land zoned A-R (Agricultural Residential) located on the west side of Mulberry Street, between East 22nd Street and East 23rd Street, identified as AP 005-471-005, 006, Chico. (SH) (UP96-08) The above mentioned applications, Initial Studies, and maps are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville; California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Chico Enterprise Record on February 20, 1996. _ � '�'�• Vie,,,: :.�_ F t I A f i1 R .4 ? \+\,/ _ A I_ T H A f'\1 D 8 ++FA U ._ " PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916)538.7785 September 18, 1995 Anne Russell and Don Hinton 13570 Centerville Road Chico, CA 95928 Re: General Plan Amendment# 96-02 and Rezone# 96-03 for APN 011-340-014 Dear Ms. Russell and Mr. Linton, Enclosed please find copies of the comments we have received concerning your applications for a General Plan Amendment and Rezone for your property. The initial study and staff report for these applications should be completed shortly and a date will then be set for the public hearing before the Butte County Planning Commission. You will be notified of the hearing date. If you have any questions please feel free to give me a call. Very truly yours, �). g Stephen R. Betts Assistant Planner SRB:sb Encl. Environmental Health Department comments Public Works Department comments Butte County Fire Department/CDF comments BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION COMMENT SHEET TO: California Department of Forestry DATE: August 9. 1995 AP NO.: 011-340-014 File# 96-11 RETURN BY: September 9. 1995 PROJECT DESCRIPTION: General Plan Amendment APPLICANT: Anne Russell &Don Hinton ENGINEER: CONDITIONS AND/OR COMMENTS: LD 1170 (6/92) BY. ;ii."-�e�----' �.r.•=�..+4•i�.��.�i:?';�s•,.,,..,+�.,,...�'�+'-.--J.,_.�1.w+.•eC-�, -•f> -�. .--"". t -�.it: - .�'y>5!' ;a yi." „rte.... ^i� . 4Yr °• Butte County*. e Department Water Requireiftts for Developers , ll Developer ��£t�__ PkA)7_0A) Parcel Numbe Location -_f�_�' ✓TE/Lf/it it/D. d � , ,e.m Requirement Class 1 lieu of a pressurized water system,the following options will satisfy the Fire Department requirements for water: BUTTE COUNTY FIRE co For lot or ed wat rsto get k h CDF FIRE a 2, ga or re U h Also serving: dir all he or Ire d ent n- CITY OF BIGGS �l F . ' n esti lard -29. b of CIN OF GRIDLEY FIRE sh d e by the ire ent,or ,r, (B)Payment into the appropriate water nderf1'� 64'rr2 TED CRAWFORD at$200 per lot for a total Fire Captain Fire Protection Planning (A) Construction of storage facilities or(B) payment shall be . done at the time of construction of habitable buildings as de- A& 176 NELSON AVENUE fined•in the Uniform Building Code. Payment shall be made pd- OROVILLE,CALIFORNIA 95965 or to the issuance of building permits for habitable buildings. (916)596.7994 FAX 596.7401 D Requirement Class 2 A pressurized water system with an approved numbers of hydrants is strongly recommended.Average required hydrant spacing feet, hydrant size inches, and residual flow - gpm. If this is not technically feasible,the following options will satisfy the Fire Department requirement for water: (A)Water storage tanks with a capacity of 10,000 gallons or more equipped with direct all weather access or fire department connection meeting Standard S-29.The locations of hook-ups shall be determined by the Fre Department;or, (B)In ground swimming pools equipped with a drafting connection or drafting access as approved by the Fre Department;or, (C)A dry standpipe system plumbed to a reliable water source as approved by the Fre Department Such a standpipe system will not exceed 1,000 feet in length. There must be at least 10,000 gallons of water available and strategically located for each of 10 dwellings,or portions thereof (Example: 11 dwellings would require two separated sources). Provisions must be made to insure that the water stored is always available and accessible for use under all weather conditions. Requirement Class 3 A pressurized community water system for fire protection is required.The specific location of the fire hydrants will be made by the Fire Department in consultation with the developer. Average required hydrant spacing feet, hydrant size inches, and residual flow gpm. Q Requirement Class 4 Water for fire protection is required. The strongly recommended system is a hydrant system capable of meeting the fire flow requirements. Average required hydrant spacing feet, hydrant size inches, and residual flow gpm. If this is not technically feasible, a system involving independent pumps and static water storage may be substituted. Such a system is subject to approval of the Fire Department.The available water flow from such a system must meet the flow requirements. Provisions satisfactory to the Fire Department must be made to insure the system provided is maintained to its design capacity. Formation of a CSA or CSD is required when the system serves more than one lot. Large developments may be capable of supporting their own system. If so, each lot could have an independent system, eliminating the need for a CSA/CSD- 0 Requirement Class 5 A pressurized community water system for fire protection is required. In lieu of bearing the cost of installing a fire hydrant(s) the developer may pay into the hydrant fund. At$1.72 per foot of street frontage the total fee is $ TIMING AND FINANCIAL RESPONSIBILITY THESE REQUIREMENTS MUST BE MET PRIOR TO OCCUPANCY OF ANY BUILDING ON THE CREATED PARCELS.THE CONDITION NEED NOT BE MET PRIOR TO THE FILING OF THE FINAL MAP. IF THIS IS THE CASE,THE DEVELOPER MUST SHOW PROOF OF A PERFORMANCE BOND OR OTHER FINANCIAL ARRANGEMENT TO COVER THE COST OF THESE REQUIREMENTS. AcIpitional Co ments/R ulrements L S Ae. L,t- Fre Department Signature Complete requirements In Butte County Subdivision Code Section 13.00. ,.._.�.: Cts 4�,4-�1�i�,:h`1 �� �i♦Y;j r t:>1`��' i i., 4 r'it. \ I r ti�l3 x c: `�;� N. �Ad BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION COMMENT SHEET TO: Environmental Health Department DATE: Aupust 9. 1995 AP NO.: 011-340-014 File# 96-11 RETURN BY: September 9. 1995 PROJECT DESCRIPTION: General Plan Amendment APPLICANT: Anne Russell &Don Hinton ENGINEER: CONDITIONS AND/OR COMMENTS: fticf� L-)�A h2i� -k� Off-1-A n-Q hrl�� a � . All 1± GG enartment AUG 2 9 1995 ` . ���, ,.uali;,rnla LD 1170 (6/92) BY: iIs Orovi AUG 1 7. 1ur'j i Fornia i BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION COMMENT SHEET TO: Public Works Director DATE: August 9, 1995 AP NO.: 011-340-014 File# 96-11 RETURN BY: September 9, 1995 PROJECT DESCRIPTION: General Plan Amendment APPLICANT: Anne Russell &Don Hinton ENGINEER: CONDITIONS AND/OR COMMENTS: LD 1170 (6/92) BY: ��5��� RECEIVE® AUG-10,9 1995 'COUNTY OF BUTTE LAND'DE,VELOPMENT DIV . i i i ' t i (LEAD IN SHEET ) SAln E 22 3c: 0 ) 1 - 7�l'-j ® .- D9X11 . s.y: 61 11?G�Tc� 6.P�i"Wc- ER c i' i D C Ce-W 'C12-M i L-L-C-- ©lAi� APPS 1 �A i Lel I'SOC-) fi i S� .aUT14 0-�; "ru Tom NJ �'v�4CBNDT�`G i Q3� 71=3ate : � 1��.9 ► - O � 3J i ND4 rL'4YYY YYtli Iuc:f3'i�YF�TEt C" AUG 0.9 1995 ®rov*'h!c,---,,,,,t'a`xi, COMMENT DISTRIBUTION LIST APPLICATION: Q'�a—�,di, U b f—3 OIL! P?USSC DATE: — V County Offices and Cities: _ Chief Administrative Officer _ Develop. Services Director Public Works Director 5k: Environmental Health Director — Planning Manager — Building Manager �< Sheriff _ BCAG — ALUC _ LAFCo _ APCD Butte Co.Farm Bureau Biggs _ Gridley _ Chico Oroville — Paradise — Chico Airport Commission Irrigation Districts: Butte Water _ Biggs/W.Gridley Water _ Durham Irrigation OWID — Paradise Irrigation — Richvale Irrigation Table Mountain Irrigation — Thermalito Irrigation _ Other Domestic Water _ Butte Water District _ California Water Service Co. _ Del Oro Water Co. OWID — Thermalito Irrigation District — Other Sewer Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision(CSA 21) — L.O.A. PUD Fire Protection X California Department of Forestry _ El Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation _ Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks Utilities _ PG&E North-Chico Chambers Cable TV _ Pacific Bell PG&E South-Oroville Viacom Cable TV State Agencies CalTrans — Dept of Water Resources Dept of Fish and Game Forestry(Attn:Craig Carter) _ Dept of Parks and Rec. — Highway Patrol Central Reg.Water Quality Control Department of Conservation _ Off.of Mining Reclamation _ Off.of Governmental&Env.Relations " Federal Agencies US Forest'Service — US Bureau of Land Management Other Districts,Agencies,Committees,etc. Lime Saddle Dist — Community Association — Mosq. Abatement Oroville/Butte Co Drainage — Butte Env.l Council — Paradise Pines Com. Reclamation — Cal Native Plant Society — Butte Co. Mining Committee — — AUG 0 8 1995 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION COMMENT SHEET TO: DATE: August 9. 1995 AP NO.: 011-340-014 . File# 96�WkETURN BY: September 9. 1995 PROJECT DESCRIPTION: General Plan Amendment APPLICANT: Anne Russell &Don Hinton ENGINEER: ' CONDITIONS AND/OR COMMENTS: LD 1170_ (6/92) . BY: AUG 0 8 1895 '6IwYAY3.f 1 (� q ,s. :,I. } «, .:�;. :"Itis .,r,�C ,. .. ...... .c.:... : .• bb N. J; :2 00. OD C�{3.00: T1i1 e �\1SS C� �i M GATE RECEIPTTOTAL PUBLIC LAPCO VSE VARIANCES PUBLIC ZONING ENV OTHER APPLICANT RECEIVED FROM NO. RECEIVED WORKS PERMITS DOCUMENTS HEALTH RECEIPT. 14959 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ' ISSUED BY • ANNE RUSSELL R0396556 2/97 5306 DON C HINTON P0550231 8/97 (916) 895-0618 16-21/1220 13510 CENTERVILLE RD R ( CCHHIICO, CA 95928PAY TO . Q ORDER JV "'— W W' 43 ' 1 W o 1J o�.�d '�R� •- A1L�a- DOunR: First FI 'B Intaralal/Bank EIIpVO I Interstate 2'cellf Ia#me �q\N' t�1Ipp111I FQ� P.A.BBo0 Bank CB 210 1mo enleo,CA ossraslo C FOR CSP --I: L220002181:656249L27u' 5306 iL �,. �.. GRAPHIC f J. AGENDA ITEM AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Barry K. Hogan, Planning Manager BY: Stephen Betts, Assistant Planner DATE: February 13, 1996 REQUEST: File # GPA 96-02 & REZ 96-03 for Anne Russell and Don Hinton on APN 011-340-014: A request to amend the Butte County General Plan designation from Grazing-Open Land to Agricultural-Residential and change the zoning from FR-40 to FR-20 on a 20-acre portion of a 61 acre parcel, located on the east side of Centerville Road in Butte Creek Canyon, approximately five miles from the Honey Run Bridge. This project is located in Supervisorial District 5. RELATED ITEMS: None FOR: Planning Commission Meeting of March 28, 1996 SUMMARY: The proposed general plan amendment and rezone are consistent with each other. Staff recommends that the Planning Commission recommend the Board of Supervisors approve this application. PROJECT CHARACTERISTICS: This request is to amend the Butte County General Plan designation from Grazing-Open Land to Agricultural-Residential and change the zoning from FR-40 to FR-20 on a 20-acre portion of a 61 acre parcel. This amendment is one of two GPAs which will go forward to the Board together as one of the public initiated General Plan Amendments. The 61 acre parcel has been developed with one single-family dwelling. The parcel has been extensively mined and the scars from the mining operations are very apparent. Several 100 foot plus high vertical cliffs are located on the project site, which are a result of hydraulic mining operations. The 20-acre portion has slopes that are generally less than 30°x. One filled-in mine is located near the residence, and there is a good probability that other mines are located elsewhere on the project site. Vegetation on the parcel is mainly composed of small oak and pine trees, dense brush, and a few small grasslands. The applicant states that the parcel is not adequate for grazing due to the past mining operations, the topography of the parcel, and the extensive brush on the parcel. The parcel sits on the east side of Butte Creek Canyon, and ■ Butte County Department of Development Services■ Planning Division ■ 1 AGENDA ITEM has slopes of between 01/c and vertical. One small seasonal creek passes through the southwest section of the parcel. Access to the parcel is via a private road from Centerville Road. The parcel obtains its domestic water from a well, and sewage disposal is via a septic system. The nearest fire station (Butte County Volunteer Fire Station #27) is located approximately one mile away. Surrounding parcels range in size from 8 to 257 acres. Surrounding parcels are zoned FR-40 to the northeast and to the south, and FR-10 to the south and to the west. There is also FR-5 zoning located further to the northwest and southwest. The Land Use Element of the Butte County General Plan designates surrounding parcels as Grazing-Open Land and Agricultural- Residential. Surrounding land uses are rural residential, agricultural (grazing), and open space. ANALYSIS: The 20-acre portion of the project site appears to meet the criteria for a General Plan designation of Agricultural-Residential. These criteria are: 1. Beyond service area of community water and sewer systems - The project site is not serviced by any community water or sewer systems and none are located in the project area. 2. Less than 30% slope - The 20-acre project site has an average slope. of 22%. Approximately 63% (12.5 acres) of the 20-acre project site is in the 10% to 20% range, with some flatter areas. The eastern section of the 20-acre project site (approximately 7.5 acres) contains slopes that are 30% to 40%. 3. Adjacent or near to existing roads and public utilities - The project site lies adjacent to Centerville Road and has access to it via a private road. The project site is serviced by PG&E power lines. 4. Not within floodplains or known active faults - The project site is not located within a floodplain and is not located near any known active faults. 5. Past official actions - Parcels adjacent to the 20-acre portion are zoned FR-10. Other nearby parcels along Centerville Road are zoned FR-5. Approval of this General Plan Amendment and Rezone will allow the applicant to submit an application for a parcel map to create a 20 acre parcel. This 20-acre parcel would be permitted to have one single-family dwelling and accessory buildings. No significant major environmental constraints have been identified for the site. The County will have an opportunity to address any and all potentially significant, substantial, incremental, and cumulative impacts relating to development of the 20-acre parcel at the time of application submittal for a tentative parcel map. ■ Butte County Department of Development Services■ Planning Division ■ 2 AGENDA ITEM ENVIRONMENTAL DOCUMENTATION:This application has been defined as a project under the California Environmental Quality Act (CEQA) and is subject to the requirements of CEQA. An Initial Study Part 1 has been prepared by the applicant and Part 2 has been prepared by County staff. Based upon the review of the Initial Study, staff has determined that the project will not have any impacts to the environment. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and was mailed to all property owners within a 300 foot radius of the subject property. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of Application No. GPA 96-02 and REZ 96-03, subject to the findings and conditions listed in Exhibit A. Exhibits: A: Conditions of Approval Attachments: A: Vicinity Map B: Site Plan k:\proi9ft\russ911\russe11.gpa ■ Butte County Department of Development Services ■ Planning Division ■ 3 EXHIBIT A BUTTE COUNTY PLANNING COMMISSION File # GPA 96-02 & REZ 96-03 for Anne Russell and Don Hinton on APN 011-340-014 : A request to amend the Butte County General Plan designation from Grazing-Open Land to Agricultural-Residential and change the zoning from FR-40 to FR-20 on a 20-acre portion of a 61 acre parcel, located on the east side of Centerville Road in Butte Creek Canyon, approximately five miles from the Honey Run Bridge. This project is located in Supervisorial District 5. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act and no potentially significant environmental effects were identified. B. The design of the proposed project improvements will not cause environmental damage to fish of wildlife or their habitat; and C. The planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of the County of Butte; and Section 2: General Plan and Zoning Findings. A. Find that the characteristics of the project site meet the criteria for inclusion into the requested General Plan designation of Agricultural-Residential; and B. Find that the rezone conforms to the policies, including the text and map of the Butte County General Plan, because the requested zone is listed as a zone that is consistent with the requested Agricultural-Residential General Plan designation and the uses permitted by the zone will be consistent with the General Plan and surrounding properties; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, move to recommend that the Planning Commission recommend that the Board of Supervisors amend the General Plan designation of a 20-acre section of parcel of APN 011-340-014 from Grazing-Open Land to Agricultural-Residential, and rezone the same 20-acre portion from FR-40 to FR-20, subject to the conditions ■ Butte County Department of Development Services■ Planning Division ■ 4 AGENDA ITEM listed herein. B. Minor changes may be approved administratively by the Director of Development Services, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. C. Conditions of Approval: None ■ Butte County Department of Development Services ■ Planning Division ■ 5 �1Y �nl� � �ill�ll' � C �� Ii1 � �� \ �. ```!` `,` � �,`��1 1� _ � m► �v 1, .•i' � . � _ � � .• .. i` � � �� � .� � �� � ..t.. �� �� ..,.i�'.y�'i�/111 '' r�� wya _ , � �- � �� - �� ., � - � - _ , � � r U C GOL GOL GOL AR 0 Q- i `e Project Location GOL BUTTE COUNTY PLANNING COMMISSION Applicant: Anne Russell&Don Hinton Owner: Same Hearing Date: Match 28, 1996 @ 9:00 a.m. Existing Zone: FR-40(Foothill Recreational,40acm min.) N Request: General Plan Amendment from Grazing dt Open Londa to Agmi Wheal-Residential No Scale Assessor Parcel No: 011-340-014 File: 96-02 r FFC5 0 Project Location FR-40 oc i V -10 FR-40 FR-160 BUTTE COUNTY PLANNING COMMISSION Applicant: Anne Rnssell A Don Horton Owner. Same Hearin`Date: March 28, 1996 @ 9:00 a.m. Existing Zone: FR-40(Foothill Recreational, 40acre min.) A 1 Request: Rezone hom FR-40 to FR-20. No Scale Assessor Pareel No: 011-340-014 File: 96-03 1943 32 T.23N. R.333 4 5 T 2 E. 1 I 4 3 Ll Loi'. F FR-10 • NORTH 1 9 4 2 I FR-20 FR-5 U I� 1943 2366 SCALE 2488 i _ BUTTE COUNTY CAUFORNIA ZONING DISTRICT MAP FT1 3,� . PARADISE PLANNING DIRECT _ , 1 • APPROVED: \ ORD. DATE BY ORD. DATE BY 1518 10-29-74 �1 1� 1941 6-27-78 1942 6-27-78 / I 1943 6-27-78 — � / I t J t 1944 6_27_78 OOE - 1 a. 1 f '. I "� - a.'-•'• 1945 6-27-7E 2366 8-9-83 2488 9-17-85 ¢" 2493 10-15-85 I Q PE - %- I POwEFnOUSf - F R=40T 1944 INDEX MAP • I ..yi.� rl I Oevo 1'\ (�-�,. NO SCALE 1 aria 17 2 FR-2 P- 1943 �t 1943 I FR-1 4 4 3 . < \♦\\ 8 9 9 10 ♦ � r S Y 7 8 . ig t4 ^�4q 10 I 1 IIS 14 ;;e' 1'5 FR- I / 3 _ice= \ O°, m 194 16 I.Z:?.. 18\ 1 ,� I� 24 3 p ,19-- 20,, 21 '2" 1 /_22 23 24 FR-40 FR-160 i ; we r: e B Z3) ® i a GY. � '7'.1W's - - R. . . M. D. B. M: �P 2� qg II -. 34 1273/.97 s . o I p f Lot - 4 Lot 3 Lot 2 Lot / Lot 4 I Lof 3 L 2 I LoJ / , �y of 4 Lot 3 Lot 2 Lot / J (43.86. AcJ I (44 29 *J I (43.87 AaJ (45-45 Ac.) (43 07 -Ac.) �(�2.72 At.1 (6L 7/ Ac ! (41.65 AC-1 I RIS 5609 35 10 IS (/ I 20A i h i Lot 6 42 I O am.98 171 . 172 S&E /35-4-5-6 Lot SI cm a /�. sas.ss 2= i v /35-4-5A-/ (3929 Ac) I 350.43 AC. o 50.12Ac "' eo 1; 1.47 408.62*AC PMl12e 36-17' a�� l I I 1 `P �I (4801,40) 1532.ar I � V PER"84-n 1\ !� 9 12 MR Lot 6 I 200 .77 ' 3 /40 AC. er / J;j of Ido _ _ _ r Lot 8 , (39.33 Ac.) 5 -- 1 /3 Lot 3 I i -- - - - - 14 20.84 �/ rt.As 571•I • 13 3. AC. , �� // I 36 ,; , tot, A e- 72 71 73 74 O O O 25.58 g2 b M 1320 ! ��i FORT 4; RS96-49 - 656 647 �� /O // wi lvQ�/ �.` _-_ Lo /2 3 4 cc � ;0 0i 1 HUMg 26_6,4 ,� 09.7 /� To �� / 1 Lot 7� RDS LoJ // 16 AC _)2 AC 20AC 20 AC r -- - 7 23.96 AC. to � / -4- + I IAp Ati_ BATT - RD. --,J t 2.174AC /1322.l8 ,: . ch \ od 9 607 1 -267.28 cm 10c>0 SAC. 2 .`5AC. 3 20.37,40 (1 ,�� K -CENTER � 1 64.03 AC. N A ItAW.77-IS - lI7 4 .' GAP RD "' 320 A(i SAC. 5AC. 24.29 AC. !!�- O u. (, ?. L 4 730.2 9 1148 4r a r 100.0 AC. C\�' •,. s /337. 7 ip 060.36 y 1557.02tn ! SIERRA // to °°A�.``; 4 FOOTHILLS o �/ I, PTN. 5 '��,y' //► m 63=3/• - I sue 938-AC... 80AC.3 11g _ �lP rod F 11 o p' 1 MAC A8 C.At0 7 3 - - -I • sao. PTK 7 � .-1•.•-, - a �.. I /838.42 �a2p j s�•. , / C // l� 99 cu PN►ZSa42p 47Ap-. -. ' St0/AC O a IZ73 ZqZ a ' /PAf 94-64 3466.29 AG 49.6 AC. _ / 4536.26 SUB.FOR ENV/ORNMENTAL 64 �;� ��AC /?p ' :! I /842.50 X DEVELOPMENT INC. 80MOR 43 _ �J 1368.72 GOLD --2_1 !I PTN.8 HUGOEr 762.18 ``� (`�� 4 aAc. 6 2 Ac ® / Lot 4 I i/ /19 ROAD 0 8.75.' 154 p / ® ® i O 39.59 Ac. cv 11 166.3 AG. e0 4C 90 80 AC. 153 AC Ac zez / 130 3383.715 � ` .I 9 67 �As�sors Map N 1-34 I a. �' f s AeJ as ao=so LORACC / .4128 411 1 Q 3ICountw1oof Buffe- Calif. 28. 2-AC. +. REV/SEW 2- 95 / - .•a• �a � r � � o BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby.given by the Butte County Board of Supervisors that a public hearing will be held on Thursday, March 28, 1996, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEMS ON WHICH A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS HAVE BEEN RECOMMENDED Anne,Russell and Don Hinton - General Plan Amendment from Grazing and Open Lands to Agricultural-Residential and Rezone from FR-40 (Foothill Recreational - 40 acre parcels) to FR-20 (Foothill Recreational - 20 acre parcels) located on the east side of Centerville Road, 1300 feet south of Helltown Road, identified as AP 011-340-014,.Chico. (SB) (File GPA96-02 and REZ96-03) 9:00 a.m. - James Januar)L/North Valley Rehabilitation Foundation, Inc. - Use Permit to allow the expansion of a pre-existing nonconforming use to allow the construction of an agricultural maintenance training and storage building and off-street parking facility on 0.5 acres of land zoned A-R (Agricultural Residential) located on the west side of Mulberry Street, between East 22nd Street and East 23rd Street, identified as AP 005-471-005, 006, Chico. (SH) (UP96-08) The above mentioned applications, Initial Studies, and maps are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville; California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior-to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Chico Enterprise Record on February 20, 1996. i —.,.., .... .. _. T_ r b _. ,__ - .. . .11 , I F ", -,t: f ,r t . xf1.i P'xt"'Y b"`,.(..'Ca t t"+ :), 't tb'-y ' '' - t:, °'Ys, ± .. .,, /( - - - ., .. :: ,r _ t M K d 3$x,: ,a„ s,s.,e,.,T -. , ,5<.- t." .,, av+. I ` ''�, r,,,. s #" i,.. , �gg a ',q;. :'^4<fi z ,r, .,,., a t ,P^ ,nt '.,, r 't.�. 0. „,. ..N3 ,s. .A c ,ye, .+dt,: e •� ,'.',.:,• ;, ;, ,a,� '. I �; ,' .' �i .i.w,•uur wwx.:'rw+wa t ,c,r , . , ,:,a" 1'','! . ( f', F.• .,w 91 t' ,..., ,, :,5�. :. 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