HomeMy WebLinkAboutREZ 93-17_PLANNING 111111111111111 IN11111,111111111111111111111111111111111111111gIV i
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PROJECT NUMBER
III
PROJECT SUMMARY SHEET 7
Permit No. File No.
FORREST YOUNG
Applicant Representative`.
ADDRESS: 82 NORTHWOOD COMMONS PLACE,
CHICO, CA 95926
PHONE: 916- 342-9158
Property Owner, Address
PROJECT DESCRIPTION: - RFZnNy Tn ,
ERAL-PL4N-DESTGNATTO`��T�c
TME FROFERT]�.
on property zoned � located ON HE.}� SOUTHWEST-'SIDE�'OF 'SKYWAY°ACROSS '.1FROM HONEY"RUN
RnAn AND NnRTH nF FnCAR -,T.nTTQj, C Own
040-020-087, 040-020-148 CHICO
identified as AP town/area
General Plan Designation Map # DATE'
Pre-App Fee Paid: $/072 Receipt No.: �
Application Accepted:
Final App. Paid: $ Receipt No.:
Rezoning Petition signatures checked Percentage %
Mailing List Prepared
Notices Mailed Number: News: Public: '- /
Legal Description prepared
Publication Notice Written
Display Ad Prepared
Newspaper Publication OOC
P G B R Date of Pub.:
Initial Study Prepared
Environmental Determination: — Categorical Exemption
— Nagative Declaration `
Mitigated Negative Declaration
Environmental Impact Report
Other
State Clearinghouse Number: i
Applicant/Representative Notification of Environmental Determination
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Planning Commission Hearing(s): -�(]- '
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Board of Supervisors' Hearing(s):
Resolution Number (GPAs) Adopted:
Ordinance Number ° 93 Adopted: / � `� -,f-3
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93-335 Public Hearing - Forrest Young - consideration of a
rezone (proposed negative declaration with mitigation
measures regarding environmental impacts) from "U"
(unclassified) to M-1 (light industrial) , property
located on the southwest side of Skyway across from Honey
Run Road and north of Edgar Slough, AP 040-020-087, 040-
020-148, Chico area. (1892)
MOTION: I MOVE TO ACCEPT THE RECOMMENDATIONS OF STAFF
MEMORANDUM DATED AUGUST 17, 1993; AND A. FIND
THAT: 1. AN INITIAL STUDY WAS COMPLETED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT. ; 2. SAID STUDY AND COMMENTS
RECEIVED THEREON IDENTIFIED POTENTIAL .
SIGNIFICANT ENVIRONMENTAL EFFECTS THAT THE
PROJECT MAY HAVE HAD, BUT: (A) PROVISIONS IN
THE PROJECT PLANS OR PROPOSALS MADE ' BY OR
AGREED TO BY THE APPLICANT WOULD AVOID SUCH
EFFECTS OR MITIGATE SUCH EFFECTS TO A POINT
WHERE CLEARLY NO SIGNIFICANT ENVIRONMENTAL
EFFECTS WOULD OCCUR. ; (B) THERE IS NO
SUBSTANTIAL EVIDENCE BEFORE THE COUNTY THAT
THE PROJECT AS REVISED MAY HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT. ; 3. THE PROPOSED
NEGATIVE DECLARATION WITH MITIGATION MEASURES
HAS BEEN COMPLETED IN COMPLIANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT. ;
4. THAT THE BOARD OF SUPERVISORS HAS .
INDEPENDENTLY REVIEWED, ANALYZED AND
' CONSIDERED THE MITIGATED NEGATIVE DECLARATION
j 93-335 PRIOR TO MAKING A REVISION ON THE PROJECT AND
FINDS THAT THE NEGATIVE DECLARATION REFLECTS
THE INDEPENDENT JUDGEMENT OF THE COUNTY OF
BUTTE. ; 5. FIND THAT THE REZONE CONFORMS TO
THE POLICIES, INCLUDING THE TEXT AND MAP OF
THE BUTTE COUNTY GENERAL PLAN, BECAUSE THE M-1.
ZONE IS LISTED AS A CONSISTENT ZONE IN THE
INDUSTRIAL GENERAL PLAN DESIGNATION; AND B.
ADOPT ORDINANCE 3087 REZONING TO M-1 THAT
PROPERTY IDENTIFIED AS AP 040-020-087 AND 148;
AND C. ADOPT RESOLUTION 93-138 FOR A
CONDITIONAL ZONING AGREEMENT ADDING THE
FOLLOWING CONDITIONS_ THAT WILL BE MADE A PART
OF THE REZONE: (1) ,DESIGNATE A 100' BUILDING
AND NO DISTURBANCE SETBACK FROM THE TOP OF
BANK OR OUTER EDGE OF RIPARIAN VEGETATION ON
COMANCHE CREEK. THIS AREA CAN BE IMPROVED AS
A PARKWAY/GREENBELT WITH THE APPROVAL OF THE _
BUTTE COUNTY BOARD OF SUPERVISORS -MINUTES - September 14, 1993
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DEPARTMENT OF FISH AND GAME. ALSO DESIGNATE A
50' BUILDING SETBACK FROM THE TOP OF BANK OF
THE FLOOD CHANNEL THAT FORMS THE WESTERLY
PROPERTY BOUNDARY. ; (2) THE FINISHED FLOOR
ELEVATION OF ALL BUILDINGS SHALL BE ABOVE THE
1 IN 100 YEAR FLOOD ELEVATION AS DETERMINED BY
A REGISTERED CIVIL ENGINEER. ; (3) THE STORM
DRAINAGE SYSTEM SHALL BE DESIGNED TO ALLOW
"FIRST FLUSH" WATER RUNOFF FROM ALL PAVED
SURFACES TO BE RETAINED IN AN INFILTRATION ,
POND OR AREA, TO REDUCE IMPACTS TO WATER
QUALITY. ALL DRAINAGE DISCHARGE SHALL MEET
WATER QUALITY STANDARDS ADMINISTERED BY
REGIONAL WATER QUALITY CONTROL BOARD. ;
(4) ACCESS TO THE SITE SHALL BE LIMITED TO
ONE POINT ON SKYWAY, APPROVED BY THE BUTTE
COUNTY DEPARTMENT OF PUBLIC WORKS. CONTRIBUTE
A PRO RATA SHARE TOWARDS THE FUTURE
INSTALLATION OF A TRAFFIC SIGNAL LIGHT AT THE
INTERSECTION OF SKYWAY AND HONEY RUN ROAD AS
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS. ; i
(5) IF A PRIVATE WATER SYSTEM FOR FIRE
FIGHTING PURPOSES IS INSTALLED THAT IS NOT
CONNECTED TO CALIFORNIA WATER SERVICE, A CSA
SHALL BE FORMED TO MAINTAIN SAID SYSTEM. ;
(6) PROPOSED USES THAT DO NOT MEET THE COUNTY
STANDARDS FOR SEWAGE DISPOSAL WITH SEPTIC TANK
AND LEACHFIELD SYSTEMS MUST CONNECT TO THE
CITY OF CHICO SEWER SYSTEM. ; (7) MINOR
CHANGES MAY BE APPROVED ADMINISTRATIVELY 'BY
THE DIRECTOR OF DEVELOPMENT SERVICES 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
93-335 ENVIRONMENTAL DETERMINATION AS CONDITIONALLY
� - APPROVED. CHANGES DEEMED TO BE MAJOR OR
SIGNIFICANT IN NATURE SHALL REQUIRE A FORMAL
APPLICATION FOR AMENDMENT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y . 5 Y (Unanimously Carried)
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - September 14, 1993
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FORREST YOUNG
PROJECT NAME
SCH #
AP # 040-020-087, 040-020=148
FILE #
30 Day Review
Period Ends
SCH Review .
Period. Ends
OUT-GOING ACTIVITY
Date Action
97
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PROJECT NAME FORREST YOUNG
SCH
AP # 040-020-087, 040-020-148
FILE tt
30 Day Review
Period Ends
SCH Review
Period Ends
CORRESPONDENCE/
COMENTS RECEIVED
Date Agency/Person
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Forest Young - proposed Negative Declaration with mitigation measures regarding
environmental impacts and Rezone from "U" (Unclassified) to M-1 (Light
Industrial) for property located on the southwest side of Skyway across from
Honey Run Road and north of Edgar Slough, identified as AP# 040-020-087, 040-
020-148, Chico. (CBS) (File #93-17) (VIDEO).
The Commission waived the reading of the Staff Findings. A video of the site was
shown.
Staff said any development on the property will be subject to collection of traffic impact
fees that are currently in place for commercial' and industrial development.
Commissioner Lambert said this property was before the commission previously asking
for a rezone. She said there were specific problems connected with drainage.
Staff said the in the first instance it was still a rezone but we had some additional-'
information that Caribou Mountaineering wanted to locate a facility onsite. He said
some of the impacts were addressed. He said at that time the property was not located
within the designated urban area, therefore the urban improvements that are required
on the building permits were not applicable. There was no requirment for drainage or
road frontage improvements on the building permit. He said now the property within
the urban area and any industrial or commercial development must install drainage
improvements that have to be approved by the Public Works Department as well 'as
certain road improvements.
The hearing was opened to the public.
Scott Murphy, representative for applicant said they agree to the mitigation measures and
will answer any questions the commission might have.
There being none the hearing was closed to the public.
It was moved by Commissioner Lambert, seconded by Commissioner Sessions, and
unanimously carried to approve the project as follows:
A. Find that.:
1. An initial study was completed in compliance with the California
Environmental Quality Act.
2. Said study and comments received therecn identified potential significant
environmental effects that the project may have had, but: I
a. Provisions in the project plans or proposals made by or agreed to
by the applicant would avoid such effects or mitigate such effects to
point where clearly no significant environmental effects would occur.
1 j -
BUTTE COUNTY PLANNING COMMISSION MINUTES - June 10, 1993
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b. There is no substantial evidence before the County that the project
as revised may have significant effect on the environment.
3. The proposed Negative Declaration with mitigation measures has been
completed in compliance with the California Environmental Quality Act.
4. Find that the rezone conforms to the policies, including the test and map
of the Butte County General Plan, because the M-1 zone is listed as a
consistent zone in the Industrial General Plan designation; and
B. Recommend that the Board of Supervisors adopt an ordinance rezoning to M-1
that property identified as AP# 040-020-087 and 148; and
C. Recommend that the Board of Supervisors adopt a resolution for a conditional
zoning agreement adding the following conditions that will be made a part of the
rezone:
1. Designate a 100' building and no disturbance setback from the top of bank
or outer edge of riparian vegetation on Comanche Creek. This area can
be improved as a parkway/greenbelt with the approval of the Department
of Fish and Game. Also designate a 50' building setback from the top of
bank of the flood channel that forms the westerly property boundary.
2. The finished floor elevation of all buildings shall be above the 1 in 100 year
flood elevation as determined by a registered Civil Engineer.
3. The storm drainage system shall be designed to allow "first flush" water
runoff from all paved surfaces to be retained in an infiltration pond or
area, to reduce impacts to water quality. All.drainage discharge shall meet,
water quality standards administered by Regional Water Quality Control
Board.
4. Access to the site shall be limited to one point on Skyway, approved by the
Butte County Department of Public Works. Contribute a pro rata share
towards the future installation of a traffic signal light at the intersection
of Skyway and Honey Run Road as required by the Department of Public
Works.
5. If a private water system for fire fighting purposes is installed that is not
connected to California Water Service, a County Service Area shall be
formed to maintain said system.
6. Proposed uses that do not meet the County standards for sewage disposal
with septic tank and leachfield systems must connect to the City of Chico
sewer system.
BUTTE COUNTY PLANNING COMMISSION MINUTES - June-10 `1.993
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FILE NO.: 93-17
BUTTE COUNTY PLANNING COMMISSION
STAFF FINDINGS - April 29, 1993
APPLICANT: Forrest Young
OWNER: Same
REQUEST: Rezone to M-1
AP NO.: 040-020-087 & 148
SIZE: 45+ acres
LOCATION: Located on the southwest side of the Skyway,
opposite the intersection of Honey Run Road,
south of Chico
EXISTING ZONING: U
ZONING HISTORY: Zoned U on Jan. 6, 1897 by Ord. #2574
SURROUNDING ZONING: PQ, M-2; FR-5, FR-2, FR-160
SURROUNDING LAND USE: Industrial uses to the south, rural residential
uses to the east, grazing to the north and
northeast, and the U.S. Plant Introduction
Station, a public use, to the west
SITE HISTORY: The property was originally designated industrial
on the Chico Area Land Use Plan that was
adopted in 1982. The designation was amended
to Agricultural residential in 1985 to conform
with the City of Chico's designation. The City
of Chico subsequently amended their general
plan to designate the land industrial and the
County, in 1986, followed with an amendment
to return the land to it's original industrial
designation. A previous application for rezoning
1
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BUTTE COUNTY PLANNING COMMISSION
STAFF FINDINGS - April 29, 1993
to M-1 was approved but later rescinded
because a proposed development agreement
was never signed by the applicant.
GENERAL PLAN DESIGNATION: Industrial
APPLICABLE REGULATIONS: Butte County Code Sections 24-26 through 29,
24-114, and 24-195
COMMENTS RECEIVED:
Highway Patrol - No objections
Fire Dept. - No Fire Dept. input at this time .
Public Works - No comments
Environmental Health - The Butte County Environmental Health Division has no objections to
the rezone of this property. The property is located outside of the Nitrate Action Plan
boundaries but within the City of Chico Sphere of influence. Since the M-1 zone permits high
waste water generating facilities, connection to a public sewer may be necessary to comply
with Regional Water Quality Control guidelines and County policy. If developments are low
waste water generating facilities, complete soil and groundwater investigations will be necessary
because sewage disposal area for septic system is limked and portions of the property may
be within a flood plain. In any case, Butte County Environmental Health Division will encourage
connection to a public sewer system for waste water disposal.
ANALYSIS:
This project is a request to rezone approximately 45 acres, located on the west side of Skyway
across from Honey Run Road, from U to M-1. This site has been the focus of several previous
actions. The property was originally designated as Industrial on the Chico Area General Plan.
The designation was changed to Agricultural Residential in 1985 to conform with the City of
Chico's plan. In 1986 the City of Chico changed their designation to Industrial and the County
followed with an amendment back to Industrial. A subsequent rezone application to M-1 was
approved with an associated Development Agreement. The Development Agreement, however
was never signed and the zoning was changed back to U. The Development Agreement was
used to address the environmental impacts of a specific development proposal, the
construction of an new facility for Caribou Mountaineering.
The designation of the site for industrial use is compatible with the surrounding properties. The
land to the south is already zoned M-2 and is developed with industrial uses. The property to
the west is the U.S. Plant Introduction Station and industrial uses will not conflict with this use.
2
BUTTE COUNTY PLANNING COMMISSION
STAFF FINDINGS - April 29, 1993
To the north and east the property is bounded by Skyway which is a divided 4 lane road. This
provides access to the property and acts as a buffer to the rural residential uses to the west.
A Development Agreement was used in conjunction with the last rezone proposal because we
had a specific development proposal and the property was not within the Chico Urban Area
boundary so the impacts of development could not be addressed through the required
improvement standards for the urban area. (Specifically, drainage, road improvements, fire
protection, and traffic) The boundary of the Chico Urban Area has been changed to included
this property. The urban improvements required for commercial and industrial building permits
have made many of the past mitigations unnecessary since those same mitigations are now
required by ordinance. However, since there are still some environmental concerns that need
to be addressed, a conditional rezone is recommended. Those areas of concern are
discussed in the environmental documents attached to this report. Development on site will
also be subject to the collection of traffic, school, and Sheriff impact fees.
The proposed zone is compatible with the General Plans of both the City of Chico and the
County and both jurisdictions support the designation. Approval of this request is
recommended.
RECOMMENDATIONS:
MOTION: ACCEPT THE RECOMMENDATIONS OF STAFF MEMO DATED April 29, 1993;
MAKE THE FINDINGS LISTED UNDER "A": MAKE THE MOTION LISTED UNDER
"B" INCLUDING THE CONDITIONS LISTED 1 THROUGH 6.
A. Find that:
1. An initial study was completed in compliance with the California Environmental
Quality Act.
2. Said study and comments received thereon identified potential significant
environmental effects that the project may have had, but:
a. Provisions in the project plans or proposals made by or agreed to by the
applicant would avoid such effects or mitigate such effects to point where
clearly no significant environmental effects would occur.
b. There is no substantial evidence before the County that the project as
revised may have significant effect on the environment.
3. The proposed Negative Declaration with mitigation measures has been completed
in compliance with the California Environmental Quality Act.
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BUTTE COUNTY PLANNING COMMISSION
STAFF FINDINGS - April 29, 1993
4. Find that the rezone conforms to the policies, including the text and map of the
Butte County General Plan, because the'M-1 zone is listed as a consistent zone
in the Industrial General Plan designation; and
B. Recommend that the Board of Supervisors adopt an ordinance rezoning to M-1 that
property identified as AP Nos. 040-020-087 & 148; and
C. Recommend that the Board of Supervisors adopt a resolution for a conditional zoning
agreement adding the following conditions that will be made a part of the rezone:
1. Designate a 100' building and no disturbance setback from the top of bank or
outer edge of riparian vegetation on Comanche Creek. This area can be
improved as a parkway/ greenbelt with tl-e approval of the Department of Fish
and Game. Also designate a 50' building setback from the top of bank of the
flood channel that forms the westerly property boundary.
2. The finished floor elevation of all buildings shall be above the 1 in 100 year flood
elevation as determined by a registered Civil Engineer.
3. The storm drainage system shall be designed to allow "first flush" water, runoff
from all paved surfaces to be retained in an infiltration pond or area, to reduce
impacts to water quality. All drainage discharge shall meet water quality
standards administered by Regional Water Quality Control Board.
4. Access to the site shall be limited to one point on Skyway, approved by the Butte
County Department of Public Works. Contribute a pro rata share towards the
future installation of a traffic signal light at the intersection of Skyway and Honey
Run Road as required by the Department of Public Works.
5. If a private water system for fire fighting purposes is installed that is not connected
to California Water Service, A CSA shall be formed to maintain said system.
6. Proposed uses that do not meet the County standards for sewage disposal with
septic tank and leachfield systems must connect to the City of Chico sewer
system.
CBS:cs
Attachments to Commission and Cities:
Environmental Documents
Site Plan
Location Map
4
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APPLICA'TION FOR REZONING
BUTTE COUNTY PLANNING COMMISSION Plartaitd,�����arent
FEB 1 .2 1993
APPLICANT: Read and follow instructions set forth on last page of this form. Oroville
CsIiP®rnra
Applicant's Name Forrest Young Phone Nof 916) 34.3-136
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Applicant's Mailing Address __82 Northwood Commons Place , Chico ., 95926
Applicant's Interest in property(Owner, Lessee,Other) Owner
Owner's Name and Address Forrest Yo ung, 82 Northwood Cmms _ r Chico , 95926
Contact Person for Project(if other than applicant) Scott Murphy, (91 6) 342-9158
04o- G-Le)—l4fS
Assessor's Parcel Number(s)-4 0-02-8 7 4Present Zoning 1-
Requested Zoning M-1
Z Location,dimensions and size of area(s)to be rezoned 42 acres located on the west
0-4
a, side of the Skyway, at the intersection of Honey Run Road. ..
�+ (See location man attached Exhibit A)
Eb .
Z Street Address(if applicable) __ N/A
GJ "
j Directions for travel to property(rural and mountainous areas only) N/A
a
Applicant's reasons for rezoning To bring the , zoning in conformance with
Chico ' s Sphere of Influence Gpnpral Plan designation as M-1
and its use consistent with the existing industrial facilities
immediately south of the• pro Pr y_
Proposed scheduling/Associated projects(formation of service district,etc.) R P zone M-1 . No
special service districts are antici:aced _
Anticipated incremental development(future development plans subsequent to rezone): When a! sig i t-
moble M-1 user is located , a specific development plan will hp
submitted to the Commission and Board of Supervisors _
Existing/proposed sewage disposal method: Septic ,SPP E x h i h i t R • S P tp i t .Sy G r P m
Proximity of power and phone lines:_A At. Site _
Distance to natural watercourse or storm drain: _P r_Tr ty disse<ndd by Crouch n i_t_rh,
��
by Comanche Creek on the we
hnrriararl an south r� an at by v Flood
Control Channel .
I
Describe anticipated on and off-site drainage improvements(PUD,MHP): The propprty cur—
renty drains through Crouch Ditch and Comanche Creek, which
dump into Flood Control Channel , Clean and align Crouch Ditch
drain to channelize the flow to Flood Control Channel .
Describe how on-site and downstream drainage channels will be affected(PUD,MHP): Drainage is
conveyed by Flood Control Channel , which bypasses residential :
areas and dumps back into Butte Creek south of town _
Water source: Wells ,
Proximity of water for fire fighting purposes(hydrants,ponds,etc.) WP 1 1 G _
Will excavation or grading be necessary? Y _Cubic yards(estimate)? S o m e grading will
he _crr �i d to eliminatp any 1 oval i zPd ponding__
List and describe and other related permits and other public approvals required for this project, including .
those required by city,regional,State and Federal agencies: When a suitable light i n d u s—
trial user is located, a specific development plan will be' sub—
mitted
submitted to LAFCO , Public Works , Butte County Health , RPginnal Water
Z and Air Control Boards and the Board of Supervisors .
Gz, If residential, include the number of units, whether units,are single or multi-story in height, schedule of
H unit sizes,and type of household size expected.
Z
U
N/A
If commercial, indicate the type,.whether neighborhood,. city or regionally oriented, square footage of
a+ sales area,and loading facilities N/.A
d
If industrial,indicate type,estimated employment per shift,and loading facilities.
Light. Industrial , employees unknown
If institutional .indicate the major function, estimated employment per shift, estimated occupancy,'
loading facilities,and community benefits to be derived from the project.
N/A
ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES
Identify potentially significant environmental impacts associated with the rezone. What project design
features or special conditions of approval (mitigation measures) are proposed to alleviate potential
environmental impacts?T E.I-r-c iz f h w a s d P G inn a t P r1 industrial b , th e Chi GG
Area Land Use Plan of 1982. An EIR was prepared, certified and
a_ dn?tpd hx the Rnard of curngry}sors , Two site-sppeeifie dr ft
EIR ' s were prepared in 1986 and 1991 addressing impacts and are
ded
for negative declaration by the Commission.
2
ENVIRONMEN_T_AL SETTINC3
Describe the project site as it exists before the project, inclLding information on topgraphy, soil stability,
plants and animals,and any cultural, historical and scenic aspects. Describe any existing structures on the site,
and the use of the structures.
See attached draft EIR ' s as Exhibit C & D .
z -
i.•l 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.).
Z
U
See attached draft EIR ' s as Exhibit C & D .
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I hereby declare under penalty of perjury that I have read and understand the instructions and that the
foregoing statements are true,complete and correct to the best of my knowledge and belief.
Da d:V Applicant's Signature
Dated: Property owner's signature
Project File Number
aGeneral Plan Designation Request Consistent?
Z
Request: Rezone to
W
Location and size of parcel(s)
W
U
w
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Verify:
A.P.Number(s) Location Description
a
COwnership Legal Description of Area
W Proof of Agency(if needed) Maps of Area/Development
] Plan for PUD's
W Present Zoning
U Reproducible Master Map of
Development Plan(PUD's only)
O
Date of Application received c� — /o2- 5E,3 $16 75 Receipt No. Z 3,1 ZQE
Application Taken By �G
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4
BALDWIN CUN 1 RAC 11NG CO 1.1 S "' AN I I N I IlUUUC I 1 UIV 6ORULN
CHI ICA
P 0 BOX 311 95926
MARYSVILLE CA 95901
L: 011 410 180 000 STATUS: ACTIVE L: 040 030 069 -00 STATUS: INACTIVE
BALDWIN CONTRACTING CO INC U S PLANT INTRODUCTION GARDEN
P 0 BOX 311 CHICO CA95926
MARYSVILLE CA 95901
L: 040 020 087 000 STATUS: ACTIVE L: 040 030 068 -00 STATUS: ACTIVE
YOUNG FORREST B & HELEN ETAL STRANGE ARCHIE A
83 NORTHWOOD COMMONS 3029 BURTIS DR
CHICO CA 95926 SACRAMENTO CA 95821
L: 040 020 087 000 STATUS: ACTIVE L: 040 030 068 -00 STATUS: ACTIVE
YOUNG FORREST B & HELEN ETAL STRANGE ARCHIE A
83 NORTHWOOD COMMONS 3029 BURTIS DR
CHICO CA 95926 SACRAMENTO CA 95821
L: 040 020 141 000 STATUS: ACTIVE L: 040 400 003 000 STATUS: ACTIVE
BALDWIN CONTRACTING CO INC STATE OF CALIFORNIA
BUTTE CREEK ROCK CO DEPT OF FISH & GAME-WILDLIFE CONS BOARD
N n BOX 311 1416 NINTH ST RM 1206-22
MARYSVILLE. . CA 95901 SACRAMENTO CA 95814
L: 040 020 141 006 STATUS: ACTIVE
BALDWIN CONTRACTING CO INC L: 040 400 003 000 STATUS: ACTIVE .
BUTTE CREEK ROCK CO STATE OF CALIFORNIA
P 0 BOX 311 DEPT OF FISH & GAME-WILDLIFE CONS BOARD
MARYSVILLE CA 95901 1416 NINTH ST RM 1206-22
SACRAMENTO CA 95814
L: 040 020 142 000 STATUS: ACTIVE
L: 040 400 004 000 STATUS; ACTIVE
BALDWIN CONTRACTING CO INC
STATE OF CALIFORNIA
BUTTE CREEK ROCK CO
B 0 BOX EE DEPT OF FISH & GAME-WILDLIFE CONS BOARD
MARYSVILLE CA 95901 1416 NINTH ST RM 1206-22
SACRAMENTO CA 95814
L: 040 020 142 000 STATUS: ACTIVE
MATHEWS READYMIX INC L: 040 400 004 000 STATUS: ACTIVE
STATE OF CALIFORNIA
P 0 BOX 386 DEPT OF FISH & GAME-WILDLIFE CONS BOARD
GRIDLEY CA 95948 1416 NINTH ST RM 120.6-22
SACRAMENTO CA 95814
L: 040 0201 148 0100 STATUS: ACTIVE
YOUNG FORREST B & HELEN ETAL L: 040 400 006 000 STATUS: ACTIVE
MCCOWAN DUNCAN SS
83 NORTHWOOD COMMONS
P -0 BOX 337
CHICO CA 95926
CHICO CA-95927 "
L: 040 020 148 000 STATUS: ACTIVE
YOUNG FORREST B & HELEN ETAL L: .040 400 006 000 STATUS: ACTIVE
MCCOWAN DUNCAN SS
83 NORTHWOOD COMMONS
P 0 BOX 337
CHICO CA 95926 CHICO CA 95927
L: 040 030 071 000 STATUS: INACTIVE
U S PLANT INTRODUCTION GARDEN
CHICO CA
95926
L: 040 030 071 000 STATUS: INACTIVE
U S PLANT INTRODUCTION GARDEN
CHICO CA
95926
L: 040 030 071 000 STATUS: INACTIVE
U S PLANT INTRODUCTION GARDEN
CHICO CA
95926
L: 040 030 069 -00 STATUS: INACTIVE
U S PLANT INTRODUCTION GARDEN
CHICO CA
95926
BALDWIN CONI RAC I'I NG CO U S u+ All I 11J I IWDUC:I I UN UORULN
CHI CA
P 0 BOX 311 95926
MARYSVILLE CA 95901
L: 011 410 180 000 STATUS: ACTIVE L: 040 030 069 —00 STATUS: INACTIVE
BALDWIN CONTRACTING CO INC U S PLANT INTRODUCTION GARDEN
CHICO CA
P 0 BOX 311 95926
MARYSVILLE CA 95901
L: 040 020 087 000 STATUS: ACTIVE L: 040 030 068 —00 STATUS: ACTIVE
YOUNG FORREST 8 & HELEN ETAL STRANGE ARCHIE A
83 NORTHWOOD COMMONS 3029 BURTIS DR
CHICO CA 95926 SACRAMENTO CA 95821
L: 040 020 087 000 STATUS: ACTIVE L: 040 030 068 —00 STATUS: ACTIVE
YOUNG FORREST B & HELEN ETAL STRANGE ARCHIE A
83 NORTHWOOD COMMONS 3029 BURTIS DR
CHICO CA 95926 SACRAMENTO CA 95821
L: 040 020 141 000 STATUS: ACTIVE L: 040 400 003 000 STATUS: ACTIVE
BALDWIN CONTRACTING CO INC
BUTTE CREEK ROCK CO STATE OF CALIFORNIA
F' T BOX EE DEPT OF FISH & GAME—WILDLIFE CONS BOARD
MARYSVILLE CA 95901 1416 NINTH ST RM 1206-22
SACRAMENTO CA 95814
L: 040 020 141 000 STATUS: ACTIVE
BALDWIN CONTRACTING CO INC La 040 400 003 000 STATUS: ACTIVE .
BUTTE CREEK ROCK CO STATE OF CALIFORNIA
P 0 BOX 311 DEPT OF FISH & GAME—WILDLIFE CONS BOARD
MARYSVILLE CA 95901 1416 NINTH ST RM 1206-22
SACRAMENTO CA 95814 .
L: 040 020 142 000 STATUS: ACTIVE L: 040 400 004 000 STATUS: ACTIVE
BALDWIN CONTRACTING CO INC
BUTTE CREEK ROCK CO STATE OF CALIFORNIA
B 0 BOX EE DEPT OF FISH & GAME—WILDLIFE CONS BOARD
MARYSVILLE CA 95901 1416 NINTH ST RM 1206-22
SACRAMENTO CA 95814
L: 040 020 142 000 STATUS: ACTIVE
MATHEWS READYMIX INC L: 040 400 004 000 STATUS: ACTIVE
STATE OF CALIFORNIA
P 0 BOX 386 DEPT OF FISH & GAME—WILDLIFE CONS BOARD
GRIDLEY CA 95948 1416 NINTH ST RM 1206-22
SACRAMENTO. CA 95814
L: 040 020 148 000 STATUS: ACTIVE L: 040 400 006 000 STATUS: ACTIVE
YOUNG FORREST B & HELEN ETAL MCCOWAN DUNCAN SS
83 NORTHWOOD COMMONS
P 0 BOX 337
CHICO CA 95926 CHICO CA-95927
L: 040 020 148 000 STATUS: ACTIVE L: 040 400 006 000 STATUS: ACTIVE
YOUNG FORREST B & HELEN ETAL MCCOWAN DUNCAN SS
83 NORTHWOOD COMMONS
P 0 BOX 337
CHICO CA 95926 CHICO CA 95927
L: 040 030 071 000 STATUS: INACTIVE
U S PLANT INTRODUCTION GARDEN
CHICO CA
95926
L: 04(d fd30 8171 000 STATUS: INACTIVE
U S PLANT INTRODUCTION GARDEN
CHICO CA
95926
L: 040 030 071 000 STATUS: INACTIVE
U S PLANT INTRODUCTION GARDEN
CHICO CA
95926
L: 040 030 069 —00 STATUS: INACTIVE
U S PLANT INTRODUCTION GARDEN
CHICO CA
95926
5 '
L: OW 020 087 000 S 1 i1 AC I 1 VE
I l i;..11 1-0II F111'c 01 1Ll!&;01 1f.1 W i I HLSSL-S
YOUNG FORREST B & HELEN ET
P 0 BC„ .294
63 NORTHWOOD COMMONS CHICO CA 95927
CHICO CA 95926
L: Oil 380 013 000 STATUS: ACTIVE
L: 040 020 087 000 STATUS: ACTIVE CHICO COMPANY OF JEHOVAHS WITNESSES
YOUNG FORREST B & HELEN ETAL
P 0 BOX 1294
83 NORTHWOOD COMMONS CHICO CA 95927
CHICO CA 95926
L: 011 380 019 000 STATUS: ACTIVE
L: 040 020 148 000 STATUS: ACTIVE YBANEZ NAT & TOMASA A REV LIVING TRUST
YOUNG FORREST B & HELEN ETAL YBANEZ NAT & TOMASA A TRUSTEES
50 HONEY RUN RD
83 NORTHWOOD COMMONS CHICO. CA 95928
CHICO CA 95926
L: 011 380 019 000 STATUS: ACTIVE
L: 040 020 148 000 STATUS: ACTIVE YBANEZ NAT & TOMASA A REV LIVING TRUST
YOUNG FORREST B & HELEN ETAL YBANEZ NAT & TOMASA A TRUSTEES
50 HONEY RUN RD
83 NORTHWOOD COMMONS CHICO, CA 95928
CHICO CA 95926
L: 011 380 020 000 STATUS: ACTIVE
L: 011 050 068 000 STATUS: ACTIVE CHICO COMPANY OF JEHOVAHS WITNESSES
INTERPACIFIC PROPERTIES INC
4-17 TAMAI-2 TOYONAKA 10 HONEY RUN RD
OSAKA JAPAN 00000 CHICO CA 95928
L: 011 380 020 000 STATUS: ACTIVE
L: 011 050 068 000 STATUS: ACTIVE CHICO COMPANY OF JEHOVAHS WITNESSES
INTERPACIFIC PROPERTIES INC.
4-17 TAMAI-2 TOYONAKA 10 HONEY RUN RD
OSAKA JAPAN 00000 CHICO CA 95928
L: 011 380 022 000 STATUS: INACTIVE
L: 011 050 092 000 STATUS: ACTIVE CONROY PATRICK ETAL
SCHMIDBAUER GEORGE A JR & MARY M ETAL
3044A MONTICELLO LN
PO BOX 143 CHICO CA 95926
EUREKA CA 95501
L: Oil 380 022 000 STATUS: INACTIVE
L: Oil 050 092 000 STATUS: ACTIVE CONROY PATRICK ETAL
SCHMIDBAUER GEORGE A JR & MARY M ETAL'
3044A MONTICELLO LN
PO BOX 143 CHICO CA 95926
EUREKA CA 95501
L: 011 380 021 000 STATUS: ACTIVE
L: 011 050 104 000 STATUS: ACTIVE GEDNEY CURTIS W & FRANCES
SCHMIDBAUER GEORGE A JR & MARY M ETAL
70 HONEY RUN RD
P 0 BOX 143 CHICO CA 95928
EUREKA CA 95501 ,
L: 011 380 021 000 STATUS: ACTIVE
L: 011 050 104 000 STATUS: ACTIVE GEDNEY CURTIS W & FRANCES
SCHMIDBAUER GEORGE A JR & MARY M ETAL
70 HONEY RUN RD
P 0 BOX 143 CHICO CA 95928
EUREKA CA 95501
L: 011 380 023 000 STATUS: ACTIVE
L: 011 380 010 000 STATUS: ACTIVE INTERPACIFIC PROPERTIES INC
ALLEN BARBARA E 4-17 TAMAI-2 TOYONAKA
OSAKA JAPAN 00000
1685 SKYWAY
CHICO CA 95928
L: 011 380 023 000 STATUS: ACTIVE
L: 011 380 010 000 STATUS: ACTIVE INTERPACIFIC PROPERTIES INC
ALLEN BARBARA E 4-17 TAMAI-2 TOYONAKA
OSAKA JAPAN 00000
1685 SKYWAY
CHICO CA 95928
L: 011 410 179 000 STATUS: ACTIVE
L: 011 380 015 000 STATUS: ACTIVE BALDWIN CONTRACTING CO INC
HESS ROBERT M & JOAN JT
P 0 BOX 311
110 HONEY RUN ROAD MARYSVILLE CA 95901
CHICO CA 95928
L: 011 410 179 000 STATUS: ACTIVE
L: 011 380 015 000 STATUS: ACTIVE BALDWIN CONTRACTING CO INC
HESS ROBERT M & JOAN JT P 0 BOX 311
110 HONEY RUN ROAD MARYSVILLE CA 95901
L: �3�t�J GJ2G� k3E1'1 CSG}f0 51(1 AL;I 1 V�
i,l I.I i.,l..l i_,Ui 11 ral I', 01 J 1=I I W)l 6' W 1 I IJLSISLS
YOUNG FORREST B & HELEN ETF._.
P 0 90� 1294
83 NORTHWOOD COMMONS CHICO CA 95927
CHICO CA 95926
L: 011 380 013 000 STATUS: ACTIVE
L: 040 020 087 000 STATUS: ACTIVE CHICO COMPANY OF JEHOVAHS WITNESSES
YOUNG FORREST B & HELEN ETAL
P 0 BOX 1294
83 NORTHWOOD COMMONS CHICO CA 95927
CHICO CA 95926
L: 011 380 019 000 STATUS: ACTIVE
L: 040 020 148 000 STATUS: ACTIVE YBANEZ NAT & TOMASA A REV LIVING TRUST
YOUNG FORREST B & HELEN ETAL YBANEZ NAT & TOMASA A TRUSTEES
50 HONEY RUN RD
83 NORTHWOOD COMMONS CHICO CA 95928
CHICO CA 95926
L: 011 380 019 000 STATUS: ACTIVE
L: 040 020 148 000 STATUS: ACTIVE YBANEZ NAT & TOMASA A REV LIVING TRUST
YOUNG FORREST B & HELEN ETAL YBANEZ NAT & TOMASA A TRUSTEES
50 HONEY RUN RD
83 NORTHWOOD COMMONS CHICO CA 95928
CHICO CA 95926
L: 011 380 020 000 STATUS: ACTIVE
L: 011 050 068 000 STATUS: ACTIVE CHICO COMPANY OF JEHOVAHS WITNESSES
INTERPACIFIC PROPERTIES INC
4-17 TAMAI-2 TOYONAKA 10 HONEY RUN RD
OSAKA JAPAN 00000 CHICO CA 95928
L: 011 380 020 000 STATUS: ACTIVE
L: 011 050 066 000 STATUS: ACTIVE CHICO COMPANY OF JEHOVAHS WITNESSES
INTERPACIFIC PROPERTIES INC.
4-17 TAMAI-2 TOYONAKA 10 HONEY RUN RD
OSAKA JAPAN 00000 CHICO CA 95928
L: 011 380 022 000 STATUS: INACTIVE
L: 011 050 092 000 STATUS: ACTIVE CONROY PATRICK ETAL
SCHMIDBAUER GEORGE A JR & MARY M ETAL
3044A MONTICELLO LN
PO BOX 143 CHICO CA 95926
EUREKA CA 95501
L: 011 380 022 000 STATUS: INACTIVE
L: 011 050 092 000 STATUS: ACTIVE CONROY PATRICK ETAL
SCHMIDBAUER GEORGE A JR & MARY M ETAL
3044A MONTICELLO LN
PO BOX 143 CHICO CA 95926
EUREKA CA 95501
L: 011 380 021 000 STATUS: ACTIVE
L: 011 050 104 000 STATUS: ACTIVE GEDNEY CURTIS W & FRANCES
SCHMIDBAUER GEORGE A JR & MARY M ETAL
70 HONEY RUN RD
P 0 BOX 143 CHICO CA 95928
EUREKA CA 95501
L: 011 380 021 000 STATUS: ACTIVE
L: 011 050 104 000 STATUS: ACTIVE GEDNEY CURTIS W & FRANCES
SCHMIDBAUER GEORGE A JR & MARY M ETAL
70 HONEY RUN RD
P 0 BOX 143 CHICO CA 95928
EUREKA CA 95501
L: 011 380 023 000 STATUS: ACTIVE
L: 011 380 010 000 STATUS: ACTIVE INTERPACIFIC PROPERTIES INC
ALLEN BARBARA E 4-17 TAMAI-2 TOYONAKA
OSAKA JAPAN 00000
1685 SKYWAY
CHICO CA 95928
L: 011 380 023 000 STATUS: ACTIVE
L: 011 380 010 000 STATUS: ACTIVE INTERPACIFIC PROPERTIES INC
ALLEN BARBARA E 4-17 TAMAI-2 TOYONAKA
OSAKA JAPAN 00000
1685 SKYWAY
CHICO CA 95928
L: 011 410 179 000 STATUS: ACTIVE
L: 011 3BO 015 000 STATUS: ACTIVE BALDWIN CONTRACTING CO INC
HESS ROBERT M & JOAN JT
P 0 BOX 311
110 HONEY RUN ROAD MARYSVILLE CA 95901
CHICO CA 95928
L: 011 410 179 000 STATUS: ACTIVE
L: 011 380 015 000 STATUS: ACTIVE BALDWIN CONTRACTING CO INC
HESS ROBERT M & JOAN JT
P 0 BOX 311
110 HONEY RUN ROAD MARYSVILLE CA .95901
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_ _-- �� _ _ 1'�'-�-
ORDINANCE NO. 3087.---.c
AN ORDINANCE ZONING A PORTION OF THE COUNTY OF'
3 f 3 S BUTTE, STATE OF:CALIFORNIA, AN M-1 (LIGHT INDUSTRIAL)
DISTRICT, PURSUANT TO SECTION 24-29.
1 The Board of Supervisors of the County of Butte, State of California,
2 under and pursuant to Section 24-29 of the Butte County Code of said County,
3 ORDAINS, as follows:
4
SECTION I. The hereinafter described area situate in the County of
5
Butte, State of California, shall be and it is hereby zoned as. an M-1 (Light
e
? Industrial) District, and such area shall be subject to the restrictions and restricted
8 uses and regulations pursuant to Butte County Code Section 24-114.
9 Said area so zoned being located in the unincorporated area of Butte
10 County, Chico, more particularly described as follows:
11
Beginning at the intersection of the centerlines of Bruce Road and
12 the Skyway; thence southerly along Skyway's centerline to its
intersection with the centerline of Comanche Creek, approximately
13 2760 ft.; thence westerly along said centerline of Comanche Creek
14 to its intersection with the flood control channel approximately 1000,
feet, said flood control channel located on the west line of the E 1/2
15 of Section 5 T21 N R2E MDB&M; thence northerly along said W line
1800 feet; thence continuing northerly along the W line of the E 1/2
16 of Sec. 32 T22N R2E MDB&M approximately 600 feet to the point
17 of beginning
, 18
SECTION 2. This Ordinance shall be and it is hereby declared to be
19
in full force and effect from and after thirty (30) days after the date of its passage,
20
21 and before the expiration of fifteen (15) days after its passage, this
22 Ordinance shall be published once with the names of the members of the Board
23 of Supervisors voting for and against it in the Chico Enterprise Record, a
24
newspaper published in the County of Butte, State of California.
25
26
1 PASSED AND ADOPTED by the Board of Supervisors of the County
2 of Butte, State of California, on the 14ttday of September, 1993, by the following
3 vote:
4 AYES: Supervisors Meyer, Dolan, McLaughlin, Thomas and Chair Houx
6
NOES: : None
e
ABSENT: ' None
7
8 NOT VOTING: None
9 ,
MARY A ROUX, CHAIRMAN
10 Butte County Board of Supervisors
11
12 ATTEST: JOHN S. BLACKLOCK, Chief Administrative
Officer and Clerk of the Board
13
14
15 By
16
17
18 -
19
20
21
22
23
24
25
26
93-040443
pv CCM
SEP 2 0 1993 ORIGIN,qL ROCU WITH
`Q ME
NT
Resolution No. 93-138
RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF
ZONE FOR FORREST YOUNG
I
BE IT RESOLVED AND ORDERED that the Chairman of the Board of Supervisors
be and is hereby authorized and directed to execute an agreement on behalf of the County of
Butte relating to reclassification of zoning with:
FORREST YOUNG
and to do and perform everything necessary to carry out the purpose of this resolution.
PASSED AND ADOPTED by the Butte County Board of Supervisors on thel4thday
of Septembgrl993, by the following vote:
AYES: Supervisors Meyer, Dolan, McLaughlin, Thomas and Chair
NOES: None
ABSENT: None
NOT VOTING: , one
MARY ANNE HOUX, CHAIRMAN
Butte County Board of Supervisors
ATTEST: JOHN S. BLACKLOCK, Chief Administrative
Officer and Clerk of the Board
By a�-�
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT made this 14th day of Sept. , 19 93 , by and between "First
Party", as identified in item (a) of Exhibit 1 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 1; 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 1; 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 1 is being granted, the said
reclassification shall be subject to the conditions specified in the following paragraphs:
1. That Exhibit 1, 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. Designate a. 100 foot building and no-disturbance setback from the top of
bank or outer edge of riparian vegetation on Comanche Creek. This-area
can be improved as a parkway/greenbelt with the approval of the Department
of Fish and Game. Also designate a 50 foot building setback from the top
of bank of the flood channel that forms the westerly property boundary.
2b. The finished floor elevation of all buildings shall be above the 1 in 100 year
flood elevation as determined by a registered Civil Engineer.
2c. The storm drainage system shall be designed to allow "first flush" water runoff
from all paved surfaces to be retained in an infiltration pond or area, to
reduce impacts to water quality. All drainage discharge shall meet water
quality standards administered by Regional Water Quality Control Board.
2d. Access to the site shall be limited to one point on Skyway, approved by the
Butte County Department of Public Works. Contribute a pro rata share
towards the future installation of a traffic signal light at the intersection of
Skyway and Honey Run Road as required by the Department of Public
Works. -
2e. If a private water system for fire fighting purposes is installed that is not
connected to California Water Service, a County Service Area shall be
formed to maintain said system.
2f. Proposed uses that do not meet the County standards for sewage disposal
with septic tank and leachfield systems must connect to the City of Chico
sewer system.
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 1 and to the street address of the property
described in Item (d) of Exhibit 1. Any subsequent title bolder, 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 1 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.
- C
i
COUNTY OF BUTTE, a political
subdivision of the State of California
By /.
Cha rperson of the Board d
,
Supervisors n,Q
SEP ::;: 1,33
"Second Party"
ATTEST:
Clerk of the Board of
Supervisors
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5
State of n., OPTIONAL SECTION
�n( CAPACITY CLAIMED BY SIGNER
County of Est L. Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons retying on the document.
On - `� 3 before me, Ca r c Ica fl1'o a .; 6 l ❑ INDIVIDUAL
DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC-
CORPORATE OFFICER(S)
personally appeared Ma r n
_, �'r>1 Q u-
NAME(Sj OF SIGNER(S) TITLES)
personally known to me-OR-❑ ❑PARTNER(S) ❑ LIMITED
to be the person(gy whose name(sr) is/are ❑ GENERAL
.�
subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT
knowledged to me that k1e/she/t4ey executed ❑TRUSTEE(S)
the same in hi6/her/th-etr authorized ❑GUARDIAN/CONSERVATOR
capacity(ioe), and that by 44/her/their
signature(p) on the instrument the person(',
or the entity upon behalf of which the
CAROL ROACH person(gacted, executed the instrument.
COMM.r 968956 Z SIGNER IS REPRESENTING:
Z .�� ' • Notary Public—Colifomio > WITNESS my hand and official seal. NAS OF PERSON(S)OR ENjITY(IEs)
BUTTE COUNTY '`j c LA /b{l'
My Comm.Expires AUG 7.19% ZL
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES DATE OF DOCUMENT
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE
®1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-718.:
4,� '.. .
EXHIBIT 1
Agreement
(a) "First Party", as used in this Agreement, includes each and all of the following: Forrest
Young., HELEN YOUNG, MARGARET H. MORGAN, RICHARD C. PETERS AMID RAMONA W. PETERS
(b) The property is now zoned: "U" (Unclassified)
(c) The zoning reclassification of the property is from its present zoning to: M-1
(d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: Forrest Young,
82 Northwood Commons Place, Chico, CA 95926.
(e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: M-1
(f) "Property", as used in this Agreement, includes:
A portion of T22N R2E Sec. 32 and T21N R2E Sec. 5 MDB&M, more particularly
described as:
Beginning at the intersection of the centerlines of Bruce Road and the Skyway; thence
southerly along Skyway's centerline to its intersection with the centerline of Comanche
Creek, approximately 2760 ft.; thence westerly along said centerline of Comanche Creek
to its intersection with the flood control channel approximately 1000 feet, said flood control ,
channel located on the west line of the E 1/2 of Section 5 T21N R2E MDB&M; thence
northerly along said W line 1800 feet; thence continuing northerly along the W line of the
E 1/2 of Sec. 32 T22N R2E MDB&M approximately. 600 feet to the point of beginning.
)
STATE OF CALIFORNIA )ss.
C
COUNTY OF Butte )
3 On_Sept. 3, 1993 before me, W. J. Golling
o personally appeared Forrest Young, Helen Young, Richard C. Peters,
Ramona W. Peters and Margaret H. Morgan personally:known to me(or proved
to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the
person(s)Aacted, ext the instrument. �W.J.OQLUNQ
WITNESd o I seal. i NOTARY
CKX*tr
Signature iMr conuals�lo„E r« W
9 0'-••s.v�ao,low
lTlMIMIIWI4IMI„„M/MI/M�w
(This area for official notarial seal)
� C�
RESURVEY OF A PORTION OF PETERS/YOUNG PROPERTY
(AP NOS - 40-02-87 & 46-36-69) SCU THEAST OF
CH=CO, BUw1PTE COUNTY, CAL2F'ORNLPi, FOR RARE AND
ENDANGEaED SPECIES OF VASCULAR PLANTS ,
CONDUCTED ON APRT-I, 20, 3-987 , AS A FOLD-.OWUP TO
THE OR2GXNAT• SURVEY CONDUCTED ON SEIn-EP9BER 26 ,
1986
As indicated in the original survey, the
northern tip of this property includes habitats
that are similar to those of adjacent areas
where officially recognized rare and endangered
:species of vascular plants are 3nzown to occur
Because the original survey was done in the
fall , it was not possible at that time to
determine if two of Butte County' s rare species
(Shippee meadow f cam--Limnanthes f laccosa ssp
calif arnica, and Bidwell ' s }motweed--Polycgonum
bidwelliae) are present on the property_
Although it is frequently possible to determine
the presence of various rare species on the
basis of plant remnants of ter the f lowering
season, these particular taxa do not lend
themselves to such determinations because their
vegetative and floral parts disappear completely
shortly of tar fruiting_
The followup survey was conducted at the
ideal time for finding and identifying --the--
plants.
-theplants in question_ A thorough, systematic
field search, however, failed to reveal any
traces of the species concerned_ -Mitigations
for them, therefore, do not appear to be
required_
Kings a R_ Stern, Ph_D_
Senior Botanist
Department of Biological Sciences
California State University
Chico, California 95929-0515
(916) 895-5381
Planning�e�artan�nt
MAR 31 1993
j
i`
,
INN
PP
93-040443 93-040443 93-040443
T —
r Recorded 1t
Official Recordim 1
J • County of ` I,
Butte
Candace J. Grubbs 1
< Recorder
*:0:?am 20-Seeps-93 I CONS FMS 5
e
Peters/Young R&E Plants-Resurvey 2
ADDITIONAL SPECIES NOTED APRIL 20 , 1987 , THAT WERE NOT IN
EVIDENCE DURING THE SEPTEMBER 26, 1986 SURVEY
COMMON NAME SCIENTIFIC NAME
Blow wives Achyrachaena mollis
Many-flowered brodiaea Dichelostemma multiflorum
Ripgut Bromus diandrus
Wild onion Allium amplectens
Slender cottonweed Hicropus cal fornicus
Old man of spring Senecio vulgaris
Squirreltail Hordeum jubatum
Blue stars Brodiaea minor
Bur chervil Anthriscus scandicina
Fiddleneck Amsinckia intermedia
Agoseris Agoseris heterophylla
Jointed charlock Raphanus raphinistrum
Tidy tips Layia fremontii
California soaproot Chlorogalum pomeridianum
Coyote thistle Eryng2um vaseyi
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1 •BARRY M. ,MEYERS. `•.';,'+' '; '•:...
Attorney'.at Law .t > °povntc.cnuronriA.:,
2 426•Broadway,.• ~I
3
.P. .1 Box:3542:' JUi. 1 'r 1986_'•
'Chico "California 95927
(916) 893-1149 nonnn of
4 v1sops
J 5 Attorney for Petitioner "...
G
7
8
0 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF BUTTE
11 HOWARD ESTRELLA, CASE NOt
12 Petitioner, PETITION FOR
WRIT OF MANDATE AND
13 vs. INJUNCTIVE RELIEF
14 BUTTE COUNTY BOARD OF
SUPERVISORS, COUNTY OF
1J BUTTE ' and DOES I through
X; inclusive,
16 Respondents,
17
18 RICHARD PETERS and
19 CARIBOU MOUNTAINEERING,
20 Real-Parties-in-Interest.
21 INTRODUCTORY STATEMENT
22 1. This action challenges the decision by the Butte County
Board of Supervisors and the.,.County of SutEe to aI owI a change-is
the zoning ofproperty previously zoned Unclassifiedm.to..M-1
: Industrial. subject property is described �as'A:P:,
40-02-874.
ind..11-05-69 and is-located on the west of the`Skyti+ay'.opposite
27 '}the linte section tof`Honey.,Run,Road.,, The Butte'County Planning
�1 ��. ,t��y?:+•;,1'a".;j'^4:tii'.- ,�iJj:J`J+u.;�`��`;Jsur,`yi7'.�;;+,;jk' '�:::_..".".. `.,7. ..>j�;r.•y�ijV� ,'`Er �j.•`:�.
28
Department recoinmended,to''the'Butte County Planning Commission
i
• 1 .that "the' a •1•i ti ' ' .._ . :: •-, -,:,.;: '' =� ;�`R,'•,;.',;�.,..
pp ca on of Richard .'Peters, rReal=ParEy-in-Intecest,
}.2
" for a zoning change be limited to 15 acres, rathet' than the' 43
3
acres rezoned. The Butte County Planning Commlosion, by a--unan-
imous vote, approved the application for a rezone of the entire
J
43 acres, despite the fact that the Planning ataff had informed
6
the Board that the Environmental Checklist only considered the
7
rezoning of 15 acres. The Butte County Board of Supervisors
8
9 approved the rezone of the entire 43 acres despite numerous
public comments that no environmental review had been done on the
10
entire 43 acres. The Board of Supervisors (hereinafterie- (erred
ll
12 to as Board) found 'that a mitigated negative declaration as.per
the California Environmental Quality Act (Public Resources Code
13
Sections 21000, et seq, hereinafter referred to as CEQA) was
14
15 proper and further found that the rezone was in conformity with
lG the Butte County General Plan. This action alleges that such
decisions were made unlawfully and constituted an abuse of dis-
17
cretion in that the requirements of CEQA and the Guidelines for
18
the Implementation of CEQA (California Administrative,Code, Title
19
14, Sections 15000, at seq, hereinafter referred.to.as Guide-
20
21 lines) were not followed by Respondents in taking such actions.
2. This is also an action for injunctive relief in the
22
event Respondent Board proceeds to implement its decisions prior
23
to the final resolution of this action:-
24 _
3. Petitioner contends that the project, as;°proposed, has
25
not been subjected to required environmental
.proaedures"'as man-
26
`27 dated by CEQA and that commencement of the project, as proposed,
will result in'.`.the,,destruct ion"of `limited' natural''..resources and
i�28 ��- 'lI.:3•._ •�. .. <S�. -ri , .. �'•,
•environmental values.
-2-
1 X= 4:: Petitioner ,further contenda,.that •the procedures employed
c
.t
2 by Respondent Board andits",'agents: amount .to an",avoidance of the
basic.requirements of CEQA and 'its.basic policies:'•`
4 S.'. Had Respondent Board proceeded in a`m'nner required by
5 law, the environmental, social and economic harm described in
6 this Petition would not occur and could be avoided. .
7 6. Petitioner Howard Estrella is a resident of Butte County
8 and lives relatively close to the subject property. Petitioner
0 will be adversely affected by the zoning che.nge in .that it may
10 have significant impacts on the environment, and iW'particular,
11 on his quality of life. Petitioner has a direct interest in
12 seeing that the laws of the State of California are enforced and
13 that proper environmental review is given to all planning deci-
14 sions in Butte County.
15 7. Respondent County of Butte (hereinafter referred to as
16 County) is and at all times relevant herein was a county govern-
17 meet, organized under the laws of the State of California and
18 charged with faithfully performing mandatory duties, under"those
19 laws, as more particularly alleged herein.
20 S. Respondent Butte County Board of Supervisors is the
21 governing board of the county and is required to comply with;.,the
22 laws and Constitutions of the State of California and the' R+:ited
23 States. _ _ _ -- ------ ------- --_-.
Real-Party-in-interest Richard Peters is. owner.'of
25 the subject property to be rezoned.
26 10. Real-Party-in-Interest Caribou Mountaineering,h'as�;
27 entered into an agreement to purchase said property ,from':Rictiard
28 Peters .should''it be'rezoned. to M-1 or M-2. �T7 ,.y �' z + i•
�,.• :,;.
-3-
;r"1 ;. �,:11.,•::,Petitioner Is .unaware of .the true 'names and capacities
of,Respondents. DOES. I through X and sues such respondents-herein
3 by,'fictitious`name: Petitioner is informed and•"believes+"and upon
4 information and belief alleges that the fictitiously named 're-
5 spondents are also responsible for the threatened injuries to
G Petitioner and other citizens of the County of Butte and State of
. 7 California. When the true identities and capacities of said
8 respondents have been determined, Petitioner will, with leave of
0 court,;amend this..petition to insert such identities and capa-
cities., '
apa-
cities: .
1]
12 SUMMARY OF EVENTS
13 12. The planning staff of Butte County was informed that
14 the rezone was for the purpose of allowing Caribou Mountaineering
j15 to purchase the subject property and construct a new .50,000
16 square foot manufacturing facility on approximately 10 acres of
17 the subject property. A tentative site plan was submitted with
i
18 the application for rezone showing the location of ,the new manu-
19 facturing facility. Based on the rezone application,'and site
20 plan the planning staff began the environmental review process.
21 13. On or about January 13, 19B6, the.Butte County Planning
_ 22 Department prepared an environmental checklist form. This form
' 23 was.prepared on the assumption that Caribou Mountaineering would
24 occupy 'the"pr emises and build a manufacturing plant .Ias per the
'25 tentative.site"plan..' Thus, the initial study/environmental
5 2G -r
analysis failed to consider the entire 43 acre parcel that was
Frrezoned orKanalyzes_,thezenvironmental impacts should Caribou
G!j y� y - «. b� it w ♦ r � F
.J /1p y'f ':.lf'7t�.✓ i 1' rrlwlk -1^.y� r�4ik„Y 1�afy {'rleAl,'r`K-'�l'J
c �RLO 3 !9f { eJ r MVit
,'Mountaineering not be°the owner,of
4 the�property.
�S t lMv� L ri ii+n > t r7 y e a
I
r _
14:'-_,On-or'about.Feb ruery;3,;;1986,;tt e. Department'of,Trann-
2 portation `provided comments'`on the proposed reione to allow:
3 construction of manufacturing facilities for, Caribou Mountain-
4 Bering indicating there might be significant cumulative impacts
5 from the proposed rezone.
6 15. On or about January 10, 1986, comments were received
7 from the Butte County Department of Public Health, Howard Snyder,
8 indicating that a sewage disposal plan by the California State
0 Regional Water Quality Control Board would be required and that
10 the property was,outside• the sewer service area.
11 16. On or about April 9, .1986, the Butte County .Planning
12 Commission held a public hearing concerning the proposed•rezone
13 application. The Planning Commission did not follow the Planning
14 staff's recommendations to only rezone a portion of the land, but
15 rather rezoned the entire 43 acres to M-1.
16 17. On or about. June '3, .1986, a public hearing concerning
17 the rezone application was held by the Board. The Board heard
18 testimony from many persons concerning the proposed rezone. The
19 Board was informed that the environmental review'of.the project
20 had been limited to the Caribou Mountaineering co mplax and that
21 no studies had been done concerning the remaining 28 acres. The
22 Board continued the public hearing until June 17';.;1986.'.
- 23 - 18. _ On or about June 17, 1986, the Board held.a further
24 Hearin on the '_•: `" `d
g proposed.rezone. At the hearinq,,;an;;.Addendum to j
Initial'Study Richard Peters Rezone" was ,provided�to`the Board
t
{ from:Butte County Planning staff.. This Addendum':,�as``not cir- I t
ulated to other agencies for review and/or comments�,or provided
to.:the`public`prior to'ahe'hearing. 'The Board,:�afterhearing � .
�ioppoaition tothe: rezone.'and requests for further environmental
;.• ceview,: epproved. the rezone' subject' to conditions 'of, mitigation,
^,.3 ; finding .that a. negative declaration, was proper.'
19. At no time has.an environmental impact report (herein-
after,referred to as EIR), either focused or full, been circu-
lated, approved, or certified as required by CEQA.
.7 20. The Petitioner has exhausted all administrative reme-
8 dies and has timely filed this petition for writ of mandate.
21. The rezone being approved by the Board constitutes a
10 . discretionary act within the meaning under CEQA. .
11 22. Unl^ss the relief prayed fcr herein is granted,• Peti-
12 tioner andlandowners and the citizens of Butte County and the
13 State of California will suffer irreparable injuries "including
14 but not limited to: reduction of an already limited water sup-
15 ply, contamination of the water supply, im acts to
p public ser-
16 vices including police and fire protection, increased impacts on
17 traffic, and a failure of the Board to follow the laws of the
18 County and the laws of the State of California.
19 23. Money damages will not provide the relief required
20 herein in that the improper CEQA procedures utilized by the Board
2` will allow the ill effects described herein to continue into the
22 future and continue to adversely affect the environment and
23 citizens.
24 24. Compliance with CEQA will confer substantial benefits
25 . on the citizens of Butte County and the citizens of the..State of
.:2g ;. "s: .:' .
California .generally... These benefits Include -. but are"tiot: limit-
edtos: , an.environmentally sound'agovernmental review process,
28 -
protection of'a fragile region, the preservation of critical
-6-
'�:: ''Vi',µ, i +• 4 ;
t � „4 17 r F ,7 i. �. 3ti...r,,y,..'.:.� :. L� � =a,F l4 f.K.`, A ;. � ; `r •+ -
habitat for,:plants.and 'animal9;`)' reservtaion':of thc;`exibting
f r2 'Nater'suppIy;`.protection of-the region from'fire, insuring that
.:L:'
the region receives necessary'governmental serviced, and the
q development of procedures for adequate environmental assessment
S `"of this and future projects.
G FIRST CAUSE OF ACTION
7 Respondent Board Has Violated The California
Environmental Quality Act (CEQA)
8
0 COUNT ONE
10 (An EIR Is Required)
11 25. Petitioner incorporates herein. by this reference the
12 allegations of Paragraphs 1 through 24, inclusive.
13 26. The California Environmental Quality Act, supra, and
19 the Guidelines for Implementation of CEQA, supra, require the
preparation of an environmental impact report on any project
;..15
;16
which "may have a significant effect on the environment." (Pub-
17 lic Resources Code Section 21100.) A "significant effect on the
18 environment means a substantial or potentially substantial ad-
10 verse change in the environment." (Public Resources Code Section
20 21068.)
21 27. Public Resources Code Section 21080(c)(2) authorizes
22 the use of a negative declaration if an initial stu.y identifies
23 potentially significant effects on the environment but (i) re-
;.;24 " visions in the project plans or proposals made by,;or' agreed to by
the applicant before the proposed negative declaration is relased
x.25 '• ;:,:...,�:„,„•,•4;+, .
�for' public review would avoid the effects or mitigate;the effects
a point where clearly no significant effects woo d•'occur, and
27 ,iN�4'rsrr :a ••^�: . M1tr'4 �'
t.2`�yjl1 .r3....o t7C•'.1 7• t y e,ti.. A �„ .:...
i);;there is no substantial evidence before"tha..agencythat the
-7-
project;''as revised, may.have a' significant,'ef'fect` on.'the�en-
{'2 vironment
. 3 ;
i!
Through the written and oral comments receivedby .the
4Board there is substantial evidence before the Board that the
5 .project may have a significant effect on the environment. ''
I 29. CEQA Guidelines Section 15064(h)(2) mandates that if
? 7 there is disagreement between experts over the significance of an i
! 8 �
effect.'on the environment, the Lead Agency shall treat the effect
. 0 a-s significant and shall prepare an• EIR.
10 30. Petitioner .alleges: that'the environmental impacte,,.from
11 this project are each individually significant and.that a
12 thorough environmental analysis is legally required and necessary
13 to assess alternatives, including the alternative'of no project
14 and possible mitigation measures.
15 31. Petitioner alleges that CBQA requires preparation of an
1G EIR where the effects of a •project are `fairly arguable" as to
17 their significance and adversity, or where a 'serious public
18 controversy" exists over the project. The intent of this portion
19 -of CEQA is to inform, an apprehensive citizenry of•the potential
20 effects of a proposed project and the reasons.•upon which the
21 decision making body intends to base its decision. Each and
22 every one of the potential significant effects 'of the proposed
23 ..project- must.be a8dressed. (Guidelines Section 15064(h).)
24 :•32. . The. intent of this portion of CeQA`.is tido inform-an
25
apprehensive 'citizenry of the potential effects of a proposed
26
project'and the reasons •upon which.the .decision-'•making body
;,,`� i`Intends„'to'base'its decision.; Each„and every,one of the poten-
tial significant effects pointed out to the board are "fairly
s
-8-
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arguable"adverse environmental effects';offth;efpro'posedzproject.
F 2 f 33: The.decision`as to whether"`a`pro ject may •have':one or
more•significant"effects'..shall, be based on''information in the i
record of the Lead Agency. (Gidelines Section 15064.)
34. The recommendations by the Planning staff, Department I
G of Public Health and State Department of Transportation serve to
7 provide documentation of the factual basis for the finding that
8 this project may have significant impacts on the environment,
9
despite the mitigation 10 measures required.
a f
COUNT TWO
ll 35. Respondent Board has failed to make adequate findings
12 to support the determination that the project will not have a
13 significant effect on the environment. ,
14 36. Respondent Board has failed to make adequate findings
15 to support the determination that the
proposed mitigations will �
and can in fact 'Mitigate potentially significant ,environmental
17 impacts associated with the
project to levels below significance.
,18 37. Respondent Board has failed to make adequate findings
on the cumulative impacts of the project.
20 COUNT THREE
21 38. Respondent Board has failed to undertake any site
22
specific and cumulative environmental analysis.
23
39. Guidelines Section 15382 defines"significant effect on
. ;24 •
the environment" ,to mean a substantial, or-Potent'.
ally,
25
'.tial, adverse change in any of the si i
26 } a phy cal aonditionsaithin the
,,., ' area`.affected the
,;. by Project including land,•'air',.watei;'miner-
aflora,,;,faunae.ambient not anobjects "a • s}'.
a .Z$ �y;s r�Yr r: f t��t• noise, 'and Of histOrlc or
.7aesthetic ec
ignifican
e:
r
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� �, .,. r .
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t ... ... .....r« . .
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lSr >'r u . 40. ;.`rhe"Board has: included only ;theoretical 'arid generic
2 ,mitigation measures in 'its mitigative negative declaration with-
^. out'•having actually-studs 'or�investigated'the physical condi-
tions' of the proposed and existing altes 'to determine potential
5 significant environmental impacts stemming .from actual physical
conditions.
7 41. Respondent Board has considered the
P project in a piece-
8 meal.manner by approving the mitigated negative declaration
without considering...th-a environmental impacts 'of related past,
present and future projects.and without
consideration--of"-site-specific impacts.
12
42. The Board failed to identify. the environmental.effects i
�13 anticipated from the project as required by CEQA'Guidelines
14 Section 15063(d)(3).
15 43. The Board has violated the mandates of CEQA'Guidelines
IG
Section 15150 by implicitly incorporating documents •prepared,
17 including oral statements made to Board m3mbers, without making
18 such documentation or.comments available for public review or j
10 comment.
20
21 WHEREFORE, Petitioner prays as follows:
22 1. That a writ issue from this Court ordering Respondent
23
—� —Board_to_set aside its decision with respect to,the approval of
24
the "rezone of the subject property until an.a^eguate-EIR-is
-<; certified and found to be in compliance "with',the'piovisions of
26CEQA.'
ar
°Thnt th'e'Court,'.enjoin"Respcndent,`Board from;issuing its
y �.n,28 i.ti�' � rhe,il•h' ,' '�`�'} �.- �A .�li:.'\ �R\l{. '..::':F'
approval for any development of subject proeprty' uritil an ade-
-10-
1 quate,EIR is 'preparedi approved and certified:
. 2 3. For, reasonable attorney fee$ pursuant to Code' of Civil
3 Procedure:Section. 1021:5.
4 4. . For costs of 'suit incurred herein.
5 S. For such other and further relief as the Court deems
6 appropriate and necessary.
7 DATED: July 171 1986
8
9
10
ll ARRY ! . MEYERS
Attiorney for Petitioner .
s 12
13
14
15
16
17
18
19
20
21
22
23
24 ._... _
25
26
27
28
-11-
AGREEMENT <
TH M AGREEMENT:made this day of , 1905, by
between "First Party"; as. identified in item (a) of Exhibit 1 of this
Agreement, and the COUNTY OF BUTTE, a political subdivision of the
State of California, herein called "Second Party"..
W 1 T N E S S E T H
WHEREAS, First Party is the owner of real property# herein ''..
called the "Property", situated in the County of Butte, which Property
is described in Item (f) of Exhibit I of this Agreement% and
WHEREAS,.the Property is now +.oned as specific in Item (b) of
Exhibit 11-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 `ii
and
WHEREAS, public hearings have been held upon said application
before the Board of Supervisors of the County of Butte,' State of.:;''!','.:
Cal ifornia, .and after having considered the matter presented, 'it h'as'
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..
NOWTHEREFORE IT IS MUTUALLY UNDERSTOOD'AND AGREED that'.'
in&smuch• aa the reclassification specified in Item (c) of Exhibit-1 is
being granted, the said reclassification shall be subject to the '
conditions specified in the following paragraphat
V. 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. Prior to issuance of building permits, Drainage plan to
be submitted•to Department of Public Works for approval. Plan to
Include proof:of. downstream capacity.
2b. Prior to issuance of Building Permitet Meet the
requirements of Department of Public Works ineludingt
a
;bai,:;-obtain•.an encroachment permit f.or,,access onto',.'-,,`:
Skyiiay:
:5 •i;".2c Prior:to:lsoul ance of•Building 'Permits t. Meet the
requirements of.. ths'.Butte County Health Department .inclt%dingt .
�.
ca. . Submit groundwater monitoring results.
cb. Obtain a sewage discharge permit from the California
State Regional Water Quality Control Board.
cc. Comply with the Nitrate Action Plan.
cd. Prior to issuance of building permit, consult Air
Pollution Control District and obtain an authority to construct when
necessary.
2d. Prior to issuance of Building permits, comply with .the
requirements of all State agenoios.
Qe. , Prior to Certificate of Oacupanayl' Install all drainage
facilities required by the Department of Public Works,
2f. Prior to Certificate of Occupancyt Grade ''site to '
eliminate -any localized ponding.
29. Prior to Certificate of Occupancy% Clean.and align the
Crouch Ditch drain to better channelize the flow.
2h. Prior to Certificate of Occupancy$'. Apply for' and
diligently pursue amendment to Chico•s Sphere of Influence.''
21. Pr!.or to Certificate of Occupancyt Meet the requirements
of CDF including:
La. Install water for fire protection. Water flow must
be 2000 gallons per minute.
ib. Extend Ca'lifcrnia Water Service Con. pany line.to
achieve flew. "
ic. Install hydrant within 300 feet of buildings.
2j. Set finished floor elevation 2. ft. above present ground
' level.
2k.'-': Preserve all riparian vegetation slone`Cotnanche..'Creek and
the flood control channel.
Pate 3
. r
21. - 41lntatn a 50-foot development setback from' ell••144ate"ays
and stands of riparian vegetation. ,. -
2m. .
egetation. •• •2m. • Retail- sales are not permitted on-site without : ;,'t
modification"of this conditional rezone.
2n.'.—Applicant must also comply with all other applicable
State and local statutes, ordinances and regulations.
20. Abandon two existing access points serving farm buldings
and tire shop.
2p. Prior to Certificate of Occupancy, deed and record ,e :.•.
1-foot no-access strip along Skyway frontage, breaking for the acceas
approved by the Department of Public Works.
3. In the event First Party, any successor in intereat`of`;:
First Party, or any. person in•poasesaion of the property
, r
First
Item (f) of Exhibit I.violates or fails to perform 'any of the
conditions of this• Agreement within thirty (30).'days after,notici;.,;:.�,
thereof as provided' in Paragraph' 5,•� the Board "of Supervisors .of,:Second
Party may instruct the County Counsel of Second Party to institute-'-
legal proce,-dings 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:'.ehi11
be sent to First Party at the address specified in Item (d).of`Exhibit
I and to the street.addreas of the property described in Item (d):;of
Exhibit I. Any.subaequent 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 Exhlblt• 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 Chis agreement;;
herein contained shall bindand inure to the benefit of the successor
In interest of each and every party hereto, in the same :Wanner sa'if.r
they had herein been expressly named. ;';
IN WITNESS WHEREOF, the parties hereto have executed this;. :,
Agreement the',day• and year first above written. 2.
BU' COUNTY PLANNING COMMISS'
7 County Center Drive r -240
Oroville, CA 95965=°°3:397`.. = - " Planning Deoartment
(916)- •538-7601 F% !3 P 3' 2
MAR 0 3 199
TO• STATE HIGHWAY PATROL s DATE• FEBRUARY 17, 1993
- 1993 3
orcolli2,call"Crnla
RE: PROJECT REVIEW &
ENVIRONMENTAL EVALUATION
AP # 040-020-087 r. 040-020-148
FORREST YOUNG
Enclosed is` preliminary data our office has received or generated
concerning the following project: REZONE TO M-1
LOCATED ON THE SOUTHWEST SIDE OF SKYWAY ACROSS FROM HONEY RUN ROAD AND NORTH OF
EDGAR SLOUGH, CHICO
ZONED U
We are ..making-an=-assessment of possible environmental impact-q_ - d--
will be preparing an environmental document, either a Negative
. Declaration-, - Negative Declaration with Mitigation Measures or an
Environmental Impact Report (EIR)-. - _
Please provide any factual statements, ideas for investigation,
or opinions you- can offer in your area 'of concern or expertise
that relate.-to-- either physical, social,,- .or economic impacts that
this project may generate.
Please respond- w.itliin - 14 days of-.the. -above-noted date. -If no
response is generated by this . inqu.iry, then : t- .shall- be assumed
that there are- no- significant environmental-impacts which are
potential. from the project. -
We appreciate any _assistance you can-provide.
Sincerely, . .
Larry Pafafer
Planning Technician
Comments• /j0
Y �
Does your agency wish to receive a copy of the environmental
document (initial study for Negative Declaration (with or without
Mitigation Measures) or EIR for this project) .
Yes No
r .',
Ian
1
T 2/N. R.2 E. 0.B.a M.
- - - 40-
02
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112.115 AC
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Nu p 18.09AC 157 is);,'\
11291 ' v p9 208.3744
0.65• ,,,11 CZ
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116
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MARY 9ILL 3615.07 RANCH ROAD _ 1,
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O71.73_ 7347.61i_ 5146.1 2 � vr. \I ' s.1a 1•�
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BUTTE COI Y PLANNING COMMISSION Pianninq P- .int
7 County Center Drive
Oroville, CA 95965-3397 MA'
(916) 538-7601 Orovhl.., %.UW%)i A
TO: COUNTY FIRE DEPT/CDF DATE:
FEBRUARY 17,. 1993
RE: PROJECT REVIEW &
ENVIRONMENTAL EVALUATION
AP # 040-020-087 040-020-148
FORREST YOUNG T3 -17
Enclosed is preliminary data our office has received or generated
concerning the following project: REZONE TO M-1
LOCATED ON THE SOUTHWEST SIDE OF SKYWAY ACROSS FROM HONEY RUN ROAD AND NORTH OF
EDGAR SLOUGH, CHICO
I
ZONED U
'We are making an assessment of possible environmental impacts and
will be preparing an environmental document, either a Negative
Declaration, Negative Declaration with Mitigation Measures or an
Environmental Impact Report- (EIR) ._ -
Please- provide any factual statements,- ideas for investigation,
or opinions. you can offer in your area of concern or expertise
that relate to either physical,-. social,--dr economic impacts that
this project may generate.
.Please- respond within 14 -days- of the .above-noted date. If no
response is generated by -this inquiry-, - then - it shall be assumed
that there are no significant environmental impacts which are
potential- from the project..
We appreciate any-assistance you can- provide.
EGG HYED
Sincerely,
FEB x, 1993
A C, DEPARTMENT OF FORESTRY
Larry Pa' er BUTTE COUNTY
Planning Technician
Comments•
Does your agency wish to receive a copy of the environmental
document (initial study for Negative Declaration ;with or without
Mitigation Measures) or EIR for this project) .
Yes No
r
t�l�i�ta��� G;:.,...dL;iM1!
B1 E COUNTY PLANNING COMMIS: N Manning�Partment
7 County Center Drive,
Oroville, CA 95965-3397 FEB 2
5 1993
(916) 538-7601 OrovUle,California
TO• DATE• FEBRUARY 17,. 1993
PUBLIC WORKS
RE: PROJECT REVIEW &
ENVIRONMENTAL EVALUATION
kP # 040-020-087�/ 040-020-148
FORREST YOUNG 93—/7
`Enclosed is preliminary data our- office has received or generated
concerning the following project: REZONE TO M-1
LOCATED ON THE SOUTHWEST SIDE OF SKYWAY ACROSS FROM HONEY RUN ROAD AND NORTH OF
EDGAR SLOUGH, CHICO
ZONED U
ry - We>ware •making an assessment of possible envir_,onxnen;ta1 impacts and
will be preparing an environmental document, either -a Negative
Declaration, Negative Declaration with Mitigation Measures or an.
Environmental- Impact -Report (EIR) .
Please- provide any factual statements, ideas for investigation-,
or 'opinions you can offer in your area of concern or expertise
that relate to either physical, social, or economic impacts that _
this project may generate.
Please respond_within _14 days of the above-noted date. If no
response is generated by this inquiry, then it shall be assumed -
' that- there are-. no- significant environmental impacts which 'are
potential.-from -the project.
We appreciate --any, assistance you can provide.
Sincerely,
Larry Painfer
Planning Technician
Comments: A/c
Does your agency wish to receive a copy of the environmental
document (initial study for Negative Declaration (with or without
Mitigation Measures) or EIR for this project) .
Yes No
COUNTY OF BUTTE
FEB 18 1993
Land Development'Sec.
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LOCATION MAP
CHICO QUADRANGLE, 7. 5' series
•Richard Peters
Leachfield - Septic System Design
Employees: 250 maximum
Flow: 20 gpcd
Percolation Rate: Use 5 min./in.
Trench Width: 3 feet
Total Flow: 250 x 20 = 5000 gpd
Sq. Ft. RegId: 5000 gpd divided by 1.6 gpsf/day
= 3125 sq. ft.
Total Length Req'd for 3 ' wide trench = 1050 LF
Use: 1600 LF (50% added for alternating use)
Required volume of water capacity in Septic Tank = 5,000 gal.
Use: 28' long x 61 wide x 4 ' high (water volume)
IJ �'
f 1
• Richard Peters
Monitoring Well Log
Monitoring Dates: 1/15/86 2/20/86 4/4/86
North Monitoring
Well-Depth to
water in feet: 7.001 (E1. 225.4) 7.201 (E1. 225.2) 7'.5$ ' (E1. 224.8)
(El. 232.4)
South Monitoring
Well-Depth to
water in feet: 8.17' (El. 226.6) 7.40' (El. 226.8) Dry (below 234.2)
(El. 234.2)
i
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ROLLS, ANDERSON $ ROLLS
PERCOLATION TEST
Client C'earibo�
Locations .C�„�� 5.ti r7J��/,lcf•o: '/.yt✓1.J/ i .ti�,i,�y �:
Hole 'no. 1 Diameter 6,0 ” Depth 30 "
Soil Type
Soil Moisture io ye
Comments
Pre-Soak Date %s tiS✓ -P-5—
Water
SWater remaining the next day? ,yo
Comments Ga9� /l?ai�� 11e/A1,r 0`6.w� 5-
Test Date /G No✓ 51;.f TEST RESULTS
Depth to Refilled Amount Time Mins/Inch
Time Water to Depth of Drop Interval Drop
V; 3 6 ZS
/� f •7 0 /J//!1
/O:o Z Z94
Percolation -Rate : 6 Mins . per Inch
Hole Filled
Pre-Soak By) G. �/rf�o/f Tested By 5:y74,, �/f��
ROLLS, ANDERSON & ROLLS
PERCOLATION TEST
Client
Location _S c�,cd ,s: c6a..; .of S/c..s.,_,' ,� /Vyr,c� ,2411 /&..11
Hole no. Z Diameter 4;.0 Depth 30
Soil Type
Soil Moisture :h-- /o y„
Comments
Pre-Soak Date /VOV 8.f
Water remaining the next day? /VO
Comments
G'�_1Qt itAei/s Ae-,•,4f' cf-30
1/
r 9y�uif� or ,✓�i-acc = 6
Test Date ie Alae zn- TEST RESULTS
Depth to Refilled Amount Time Mins/inch
Time Water to Depth of Drop Interval Drop
o
yS 30 CORY s///F 30
9 :/S 30i' 4 30 na,)-i
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IV /i mi i,o s i 30 / 2 Z
Percolation Ratd : 2• 0 Mins . per Inch
Hole Filled
Pre-Soak By G. Tested By �• L-/-��.-�� �/��i
ROLLS, ANDERSON $ ROLLS
PERCOLATION TEST
Client
Location . �,�o / .S-w. _r�,t-y,..rA.; ,� �-kX�..e ve 12,a
Hole no. 3 Diameter duo Depth
Soil Type /���..,� sG.�.✓„ Z//
Soil Moisture io 75
Comments
Pre-Soak Date /Silo✓
Water remaining the next day? ,yo
Comments
iTest Date 1G sir TEST RESULTS
Depth to Refilled Amount Time Mins/Inch
Time Water to Depth of Drop Interval Drop '
S :,5' 30 Die x/4,"� 30
i
ii •za / Z m,u Z Il1a
Percolation Rate : 2•0 Mins . per Inch
Hole Filled .�
Pre-Soak By Tested By e—,. f.,r/t /✓�h
ROLLS, ANDERSON & ROLLS
PERCOLATION TEST
Client e
Location S- 10
Hole no. y Diameter 6.0 " Depth 30 ''
Soil Type fro.,.., c%�,a r./r .sahJy .s1/?
Soil Moisture
Comments
Pre-Soak Date /S-
Water
sWater remaining the' next day? /(/o
Comments `QS_ mg .le Ae.g/,� ej6evr ayoe-ir./
e A,;" /l9or'
Test Date /,� i!/vv�s TEST RESULTS
Depth to Refilled Amount Time Mins/inch
Time Water to Depth of Drop Interval Drop
- Percolation Rate: tit. 1 h
ZA Mins. per Inch
Hole Filled ,®
Pre-Soak By Tested By e:;:-.
Richard Peters
Backhoe Test Hole - Log
Date of Test Holes: October 31, 1985
Hole
Depth: ' 7 '
Log: 0 - 4 ' Silty loam
4 ' - 6' Silty loam w/cobbles
61 '. - 7 ' Cobbles w/loam
H618
Depth: 6.5'
Log: 0 - 1.5' Silty loam
1.5' - 2.5' Gravelly loam
.2.5' - 6.5' Cobbles w/loam
Hole #3
Depth: 10'
Log: 0 - 5.5! Sandy clay loam
5.5' - 7.5' Sandy clay loam w/gravel
7.5' - 10' Cobbles w/ loam
Hole #4
Depth: 10'
Log: 0 - 8' Clay loam
8 ' - 10' Cobbles w/loam
9 ' Ground water
.L
i
Hole #5 j
Depth: 10'
Log: 0 9 ' Clay loam
9' - 10' Silty sand
10' Water
Hole #6
Depth: 7'
Log: 0' - 3 ' Loam
3 ' - 7' Cobbly loam
• Page 2
o e
Depth: 9 '
Log: 0 - 4 ' Gravelly loam
6' - 9 ' Sand
Hole #8
Depth: 10'
Log: 0 - 10' Sandy clay loam
Hole #9
Depth: 9'
Log: 0 - 2 ' Sandy Clay loam
2 ' - 9' Cobbly clay loam
Hole #10
Depth: 9 '
Log: 0 • - 4 ' Sandy clay loam
4 ' - 9' Cobbly clay
9 ' Water
Hole #11
I
Depth: 10.5'
Log: 0 - Be Sandy clay loam
8 ' - 10.5' Cobbles
10.5' Water
• Richard Peters
Percolation Test ults
Date of Percolation Test: November 16, 1985
Hole #1: 6 min./inch
Hole #2: 2 min./inch.
Hole #3: 2 min./inch.
Hole #4: 2 min./inch.
BUTTE COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given by the Butte County Planning Commission that public hearings
will be held on Thursday, June 10, 1993 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 WITH MITIGATION MEASURES
REGARDING ENVIRONMENTAL IMPACTS HAVE BEEN RECOMMENDED
9:00 a.m. P.J. Keating Materials Corp D/B/A Concrete Products Industries - Use
Permit to allow a Ready Mix Concrete Plant on property zoned M-2 (Heavy
Industrial), located on the southwest side of Skyway approx. 1600 ft. South
of Honey Run Road, identified as AP 040-020-141, Chico. (CBS)
(:::9:00 a.m. orrest Young - Rezone from "U" (Unclassifed) to M-1 (Light Industrial),
located on the Southwest side of Skyway across from Honey Run Road and
North of Edgar Slough, identified as AP 040-020-087, 040-020-148, Chico.
(CB) (File #93-17)
ITEM DETERMINED TO BE CATEGORICALLY EXEMPT
FROM ENVIRONMENTAL REVIEW
9:00 a.m. Mary M. Cooper - Variance to the required sideyard setback to allow a
storage shed 18" from property line instead of the required 5', on property
zoned R-1 (Residential) located at 1785 Estates Way, approx. 500' north
of Earl Avenue, identified as AP#002-040-016, Chico. (TL)
The above mentioned applications, maps and Negative Declarations 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
B.A. KIRCHER, DIRECTOR OF PLANNING
To be published in the Chico Enterprise Record on Thursday May 6, 1993.
BUTTE COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given by the Butte County Planning Commission that public hearings
will be held on Thursday, June 10, 1993 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 WITH MITIGATION MEASURES
REGARDING ENVIRONMENTAL IMPACTS HAVE BEEN RECOMMENDED
9:00 a.m. P.J. Keating Materials Corp D/B/A Concrete Products Industries - Use
Permit to allow a Ready Mix Concrete Plant on property zoned M-2 (Heavy
Industrial) located on the southwest side of Skyway approx. 1600 ft. South
of Honey Run Road, identified as AP 040-020-141, Chico. (CBS)
9:00 a.m. Forrest Young - Rezone from "U" (Unclassifed) to M-1 (Light Industrial),
located on the Southwest side of Skyway across from Honey Run Road and
North of Edgar Slough, identified as AP 040-020-087, 040-020-148, Chico.
(CB) (File #93-17)
ITEM DETERMINED TO BE CATEGORICALLY EXEMPT
FROM ENVIRONMENTAL REVIEW
9:00 a.m. Mary M. Cooper - Variance to the required sideyard setback to allow a
storage shed 18" from property line instead of the required 5', on property
zoned R-1 (Residential) located at 1785 Estates Way, approx. 500' north
of Earl Avenue, identified as AP#002-040-016, Chico. (TL)
The above mentioned applications, maps and Negative Declarations 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
B.A. KIRCHER, DIRECTOR OF PLANNING
To be published in the Chico Enterprise Record on Thursday May 6, 1993.
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PLANNING DEPARTMENT
7 COUNTY CENTER DRIVE- OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
August 23 , 1993
Forrest Young
82 Northwood Commons Place
Chico, CA 95926
Re: Rezone Agreement, File 93-17
Dear Mr. Young:
Enclosed is the Agreement recommended for approval by the Butte
County Planning Commission on June 10, 1993 . Please have this
Agreement signed and notarized and returned to this office for
submittal to the Board of Supervisors at their meeting of September
14 , 1993 at 10: 00 a.m. This Agreement will be recorded, . if
approved, and a copy sent to you for your records.
Should you have any questions regarding this matter, please contact
this office.
Sincerely,
pa'(j a'-
Paula S. Leasure
Assistant Director of Planning
PSL: lr
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'I ORDINANCE N0. 2530
IIAN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE
OF CALIFORNIA, AN M-1 (LIGHT INDUSTRIAL) DISTRICT, PURSUANT I
TO CHAPTER 24-29.
i
1 The Board of Supervisors of the County of Butte, State of California,
2 ilunder and pursuant to Chapter 24-29 of the Butte County Code of said County DO
3 II ORDAIN as follows:
4 II SECTION 1. The hereinafter described area situate in the County of
I�
5 IIButte, State of California, shall ba and it is hereby zoned as an M-1 (Light
8 I Industrial) District, and such area shall be subject to the restrictions and
7 restricted uses and regulations pursuant to Butte County Code Sec. 24-114.
8 Said area so zoned being located in the unincorporated area of Butte
9 County, Chico, more particularly described as follows:
10A portion of T ore I
particularly dascribed as:
1
Beginning at the intersection of the centerlines of Bruce Road and
2 The Skyway; thence southerly along Skyway's centerline to its
intersection with the centerline of Comanche Creek approximately !
13 2760 ft.; thence westerly along said centerline of Comanche Creek
to its intersection with the flood control channel approximately
14 1800 ft.; said flood control channel located on the west line
of the E half of Section 5 T21N R2E MDB&M; thence northerly along
5 said W line 1800 ft.; thence continuing northerly along the W
line of the E 1/2 of Sec. 32 T22N R2E MDB&M approximately 600 ft.
16 ,asto the point of beginning.
17 i Containing 46 acres, more o .
18 SECT,ON 2. This Ordinance shall be and it is hereby declared to be in
I
19 � passage.
full force and effect from and after thirty (30) days after the date of its
20 and before the expiration of fifteen (15) days after its passage, this
21 Ordinance shall be published once with the names of the m"mbers of the Board of
22 Supervisors voting for and against it in the Chico Enterprise Record, a newspaper
23 published in the County of Butte, State of California.
24 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte.
25 State of California, on the 17th day of June 1986. by the following vote:
26 AYES: Supervisors Dolan, Fulton, Mclnturf, Wheeler and Chairman McLaughlin
A
The Ballroom on Broadway
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Post Office Box 3961, Chico, Califomia 95927 {916)-899-8331
ORDINANCE NO. 3081
AN ORDINANCE ZONING A PORTION OF THE COUNTY OF
BUTTE, STATE OF'CALIFORNIA, AN M-1 (LIGHT INDUSTRIAL)
DISTRICT, PURSUANT TO SECTION 24-29.
1 The Board of Supervisors of the County of Butte, State of California,
2 under and pursuant to Section. 24-29 of the- Butte County Code of said County,
3 ORDAINS, as follows:
4
SECTION I. The hereinafter described area situate in the County of
5
Butte, 'State of California, shall be and it is hereby zoned as.an M-1 (Light =,.
7 Industrial) District, and such area shall be subject to the restrictions and*restricted
8 uses and regulations pursuant to.Butte County Code Section 24-114.
9 Said area so zoned being located in the unincorporated area of Butte
10 County, Chico, more particularly described as follows:
11
Beginning at the intersection of the centerlines of Bruce Road and
12 the Skyway; thence southerly along Skyway's centerline .-to .its
intersection with the centerline of Comanche Creek, approximately
13 2760 ft.; thence westerly along said centerline of Comanche Creek.
14 to its intersection with the flood control channel approximately 1000.
feet, said flood control channel located on the west line of the E 1/2
15 of Section 5 T21 N R2E MDB&M; thence northerly along said W line
1800 feet; thence continuing northerly along the W line of the E 1/2
16 of Sec. 32 T22N R2E MDB&M approximately 600 feet to the point
17
of beginning
- -
18
SECTION 2. This Ordinance shall be and it is hereby declared to be
19
in full force and effect from and after thirty (30) days after the date of"its passage,
20
21 and before the expiration of fifteen (15) days after its passage, this
22 Ordinance shall be published once with the names of the members of the Board
23 of Supervisors voting for and against it in the Chico Enterprise Record, a
24 newspaper published in the County of Butte, State of California.
25
26
1 PASSED AND ADOPTED by the Board of Supervisors of the County
2 of Butte, State of California, on the 14tiday of September, 1993, by the following
3 vote:
4 AYES: Supervisors Meyer, Dolan, McLaughlin, Thomas and Chair Houx
5
- NOES: : None _
e -
ABSENT: None
7
8 NOT VOTING: None
MARYA , . ROUX, CHAIRMAN
10 Butte County Board of Supervisors
11
12 ATTEST: JOHN S. BLACKLOCK, Chief Administrative
Officer and Clerk of the Board
13
14
By
15 —
16
17
18
19
20
21
22
23
24
25 -
26
�l
INTER-DEPARTMENTAL MEMORANDUM
Department of Development Services
Director's Office
TO: Paula Leasure '
Planning Staff
FROM: Bill Farrel
SUBJECT: REZONE FOR FORREST YOUNG
DATE: September,15, 1993
In a recent telephone conversation with Neil McCabe from the County Counsel's
office, this office has found out that the Forrest Young Rezone does not include the
CEQA required finding that it "reflects the independent judgement" of the Board.
Please note that the new requirement of CEQA under Section 21082.1c (page 20 of
the Office of Planning and Research Booklet on CEQA) must be on all Negative
Declaration/EIR projects.
The following language should be consistently added to your findings:
"The Board of Supervisors has independently reviewed, analyzed and
considered the Mitigated Negative Declaration or EIR prior to making its
decision on the project, and finds that the Mitigated Negative Declaration
or EIR reflects the independent judgement of the County of Butte".
BF:jc
NOTICE OF DETERNIINATU
TO: Office of Planning and Research FROM: Butte County Planning Department
1400 Tenth Street 7 County Center Drive
Sacramento, CA 95814 Oroville, CA 95965
or rut' 2
X County Clerk
County of Butte
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 2152 of the Public Resources
Code.
Project Title: Rezone, File 93-17
AP Number: 040-020-087 and 148
Name: Forrest Young SEP 3 Q "(993 } `
State Clearinghouse Number (If submitted to clearinghouse):
CANDACE J.GRUBBS,BUtte Co.Cle�l;
Contact Person: Stuart Edell Telephone Number: 538-721 DepUiY
Project Location: Located on the southwest side of the Skyway,opposite the intersection of Honey Run Road, south
of Chico.
Project Description: The project is to rezone approximately 45 acres, located on the west side of Skyway across from
Honey Run Road, from U to M-1.
This is to advise that the Butte County Board of Supervisors (Lead Agency or Responsible Agency) has approved the
above-described project on September 14, 1993 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 X were, were not, made a condition of the approval of the project.
4. A statement of overriding considerations was, 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 the Butte County Development Services, Planning Division,7 County Center Drive, Oroville, CA 95965.
Date Received for Filing and >L&Posting at OPR >
Signature Paula S. Leasure
Principal Planner.
March, 1986 Title
EXCIIBIT "B"
Forrest Young
Rezone
AP No. 040-020-087 and 148
Mitigation Measures
1. Designate a 100' building and no disturbance setback from the top of bank or outer edge of
riparian vegetation of Comanche Creek. This area can be improved as a parkway/greenbelt
with the approval of the Department of Fish and Game. Also designate a 50' building setback
from the top of bank of the flood channel that forms the westerly property boundary.
2. The finished floor elevation of all buildings shall be above the 1 in 100 year flood elevation as
determined by a registered Civil Engineer.
3. The storm drainage system shall be designed to allow "first flush" water runoff from all paved
surfaces to be retained in an infiltration pond or area, to reduce impacts to water quality. All
drainage discharge shall meet water quality standards administered by Regional Water Quality
Control Board.
4. Access to the site shall be limited to one point on Skyway, approved by the Butte County
Department of Public Works. Contribute a pro rata share towards the future installation of a
traffic signal light at the intersection of Skyway and Honey Run Road as required by the
Department of Public Works.
5. If a private water system for fire fighting purposes is installed that is not connected to California
Water Service, a CSA shall be formed to maintain said system.
6. Proposed uses that do not meet the County standards for sewage disposal with septic tank and
leachfield systems must connect to the City of Chico sewer system.
CALIFORNIA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF 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: Rezone. Located on the southwest side of
Skyway, opposite the intersection of Honey Run Road, south of Chico.
Project Description: The project is to rezone approximately 45 acres from U to M-1.
Findings of Exemption:
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 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 minimus 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
exemption and that the project will not individually or cumulatively have
an adverse effect on "wildlife",as defined in Section 711.2 of the Fish and
Game Code.
Paula Leasure
Princip Planner
By; R'.cce�
Lead Agency:
Butte County Board of Supervisors
Date: September 22, 1993
r
DECLARATION OF FEES DUE
` (California Fish and Game Code Section 711.4)
NAME AND ADDRESS OF APPLICANT
Forrest Young
82 Northwood Commons Place FILING NO.
Chico. CA 95926
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
1. 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. [ ] 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. Not paid.
Chief/Manning O cial
By: Yom.
Title: Principal Planner
- Lead Agency: Butte Co. Board of Supervisors
Date: September 22. 1993
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.
. ... u e
. �,. - ount
L A N D OF N A T U R A L W E A L T H A N D B E A U T
PLANNING DEPARTMENT
7 COUNTY CENTER DRIVE- OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
MEMORANDUM
TO: Butte County Board of Supervisors
FROM: Bill Farrel, Director of Development Services
Craig B. Sanders, Project Planner
SUBJECT: Forrest Young, Rezone, File 93-17, Board Item September 14, 1993
DATE: August 17, 1993
REQUESTMCOMMENDATION
Forrest Young - proposed Negative- Declaration iwith,,mitigation measures,�,regarding
environmental impacts and Rezone from "U" (Unclassified) to M-1 -(Light Industrial)'for
property located on the southwest side of Skyway across from Honey Run Road and north
of Edgar Slough, identified as AP 040-020-087, 040-020-148, Chico.
Staff recommends the Board concur with the Planning Commission and subject to the
findings listed in this report, approve the rezone.
ANALYSIS:
This project is a request to rezone approximately 45 res,7 located on the west side of
Skyway across from Honey Run Road, from U to M-1. This site has been the focus of i
several previous actions.' The property was originally designated as Industrial on the Chico.'
Area General Plan. The designation was changed to Agricultural Residential in 1985 to
conform with the City of Chico's plan., In 1986 the City of Chico changed the designation_-
t
t
to Industrial and the County followed with an amendment back to Industrial. A subse5,
rezone application.to M-1 was approved with an associated Development Agreement' The
Development Agreement, however was never signed and the zoning was changed back to
U. ?The Development Agreement was used to address the environmental impacts of a
specific development proposal, the construction of an new facility for Caribou
Mountaineering.
The designation of the site for industrial use is compatible with the surrounding properties>
The land to the south is already zoned M-2 and is deve4qwA1=m4h-mdusftTat=as-es-- The
property to the west is the U.S. Plant Introduction Station and industrial uses will not
conflict with this use. To the north and east the property.is bounded by Skyway which is
a divided 4 lane road.-This provides access to the property and acts as a buffer to the rural
residential uses to the west.-
A Development Agreement was used in conjunction with the last rezone proposal because
there was a specific development proposal, the property was not within the Chico Urban
Area boundary, and the impacts of development could not be addressed through the
required improvement standards for the urban area. Specific concerns were drainage, road
improvements, fire protection, and traffic. The boundary of the Chico Urban Area was
changed.in-.1987 to included this property. This means that at the time of building permit'
application for any commercial or industrial use, the applicant will be required to install
urban road improvements, drainage improvements, and pay into the Chico area traffic fund.>
This requirement has made many of the past mitigations unnecessary since those same
mitigations are now required by ordinance. However, since there are s4H s�o�g���
environmental concerns that need to be addressedqzonditional rezone is recommended—
Those areas of concern are discussed in the environmental documents attached to this '
report, Development on site will, also:be subject to the collection of traffic,Lschool;4and--.->
Sheriff impact fees.
The proposed zone is compatible with the General Plans of both the City of Chico and-?
the County and both jurisdictions support the designation. Approval of this request is
recommended.
The site forms the southwesterly edge of Chico's Sphere of Influence and is contiguous to
cthe city limits at the northwest corner, along Skyway. This makes the future annexation of
the property almost a certainty3
PLANNING COMMISSION ACTION:
Jhe Planning Commission heard testimony regarding this project. The Commission
unanimously voted to recommend approval of the rezone.
RECOMMENDATIONS:
MOTION: ACCEPT THE RECOMMENDATIONS OF STAFF MEMO DATED
August 17, 1993; MAKE THE FINDINGS LISTED UNDER "A"; MAKE
THE MOTION LISTED UNDER "B" INCLUDING THE CONDITIONS
LISTED 1 THROUGH 6.
A. Find that:
1. An initial study was completed in compliance with the California
Environmental Quality Act.
2. Said study and comments received thereon identified potential significant
environmental effects that the project may have had, but:
a. Provisions in the project plans or proposals made by or agreed to by
The Boar+ :)f Supervisors has inde idently reviewed,
z analyzed and considered the pL�or to making its
.decision on the project, and finds that the reflects
the independent judgment of the County of Butte.---
b.
utte.b. There is no substantial evidence before the County that the project
as revised may have significant effect on the environment.
3. The proposed Negative Declaration with mitigation measures has been
4 , completed in compliance with the California Environmental Quality Act.
5,4! Find that the rezone conforms to the policies, including the text and map of
the Butte County General Plan, because the M-1 zone is listed as a consistent
zone in the Industrial General Plan designation; and
B. Adopt an ordinance rezoning to M-1 that property identified as AP Nos. 040-020-
087 & 148; and
C. Adopt a resolution for a conditional zoning agreement adding the following
conditions that will be made a part of the rezone:
1. Designate a 100' building and no disturbance setback from the top of bank
for outer edge of riparian vegetation on Comanche Creek. This area can be
improved as a parkway/ greenbelt with the approval of the Department of
Fish and Game. Also designate a 50' building setback from the top of bank
of the flood channel that forms the westerly property boundary.
2. The finished floor elevation of all buildings shall be above the 1 in 100 year
flood elevation as determined by a registered Civil Engineer.
3. The storm drainage system shall be designed to allow"first flush"water runoff `
from all paved surfaces to be retained in an infiltration pond or area, to
reduce impacts to water quality. All drainage discharge shall meet water
quality standards administered by Regional Water Quality Control Board.
4. `Access to the site shall be limited to one point on Skyway, approved by the
Butte County Department of Public Works. Contribute a pro rata share
towards the future installation of a traffic signal light at the intersection of
Skyway and Honey Run Road as required by the Department of Public
Works.
5. If a private water system for fire fighting purposes is installed that is not
connected to California Water Service, A CSA shall be formed to maintain
said system.
6. Proposed uses that do not meet the County standards for sewage disposal '
with septic tank and leachfield systems must connect to the City of Chico
sewer system.
7. Minor changes may be approved administratively by the Director of
Development Services 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
s
SIM
approved. Changes deemed to be major or significant in nature shall require
a formal application for amendment.
CBS:lr
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FILE NO.: 93-17
BUTTE COUNTY PLANNING COMMISSION
STAFF FINDINGS - April 29, 1993
.APPLICANT: Forrest Young
OWNER: Same
REQUEST: Rezone to M-1
AP NO.: 040-020-087 & 148
SIZE: 45+ acres
LOCATION: Located on the southwest side of the Skyway,
opposite the intersection of Honey Run Road,
south of Chico
EXISTING ZONING: U
ZONING HISTORY: Zoned U on Jan. 6, 1897 by Ord. #2574
SURROUNDING ZONING: PQ, M-2, FR-5, FR-2, FR-160
SURROUNDING LAND USE: Industrial uses to the south, rural residential
uses to the east, grazing to the north and
northeast, and the U.S. Plant Introduction
Station, a public use, to the west
SITE HISTORY: The property was originally designated industrial
on the Chico Area Land Use Plan that was
adopted in 1982. The designation was amended
to Agricultural residential in 1985 to conform
with the City of Chico's designation. The City
of Chico subsequently amended their general
plan to designate the land industrial and the
County, in 1986, followed with an amendment
to return the land to it's original industrial
designatioi. A previous application for rezoning
1
i
BUTTE COUNTY PLANNING COMMISSION
STAFF FINDINGS - April 29, 1993
to M-1 was approved but later rescinded
because a proposed development agreement
was never signed by the applicant.
GENERAL PLAN DESIGNATION: Industrial
APPLICABLE REGULATIONS: Butte County Code Sections 24-26 through 29,
24-114, and 24-195
COMMENTS RECEIVED:
Highway Patrol - No objections
Fire Dept. - No Fire Dept. input at this time
Public Works - No comments
Environmental Health - The Butte County Environmentai Health Division has no objections to
the rezone of this property. The property is located outside of the Nitrate Action Plan
boundaries but within the City of Chico Sphere of influerce. Since the M-1 zone permits high
waste water generating facilities, connection to a public sewer may be necessary to comply
with Regional Water Quality Control guidelines and County policy. If developments are low
waste water generating facilities, complete soil and groundwater investigations will be necessary
because sewage disposal area for septic system is limited and portions of the property may
be within a flood plain. In any case, Butte County Envirormental Health Division will encourage
connection to a public sewer system for waste water disposal.
ANALYSIS:
This project is a request to rezone approximately 45 acres, located on the west side of Skyway
across from Honey Run Road, from U to M-1. This site has been the focus of several previous
actions. The property was originally designated as Industrial on the Chico Area General Plan.
The designation was changed to Agricultural Residential in 1985 to conform with the City-of
Chico's plan. In 1986 the City of Chico changed their designation to Industrial and the County
followed with an amendment back to Industrial. A subsequent rezone application to M-1 was
approved with an associated Development Agreement. The Development Agreement, however
was never signed and the zoning was changed back to U. The Development Agreement was
used to address the environmental impacts of a specific development proposal, the
construction of an new facility for Caribou Mountaineering.
The designation of the site for industrial use is compatible with the surrounding properties. The
land to the south is already zoned M-2 and is developed with industrial uses. The property to
the west is the U.S. Plant Introduction Station and industrial uses will not conflict with this use.
2
BUTTE COUNTY PLANNING COMMISSION
STAFF FINDINGS - April 29, 1993
To the north and east the property is bounded by Skyway which is a divided 4 lane road. This
provides access to the property and acts as a buffer to the rural residential uses to the west.
A Development Agreement was used in conjunction with the last rezone proposal because we
had a specific development proposal and the property was not within the Chico Urban Area
boundary so the impacts of development could not be addressed through the required
improvement standards for the urban area. (Specifically, drainage, road improvements, fire
protection, and traffic) The boundary of the Chico Urbar. Area has been changed to included
this property. The urban improvements required for commercial and industrial building permits
have made many of the past mitigations unnecessary since those same mitigations are now
required by ordinance. However, since there are still some environmental concerns that need
to be addressed, a conditional rezone is recommended. Those areas of concern are
discussed in the environmental documents attached to this report. Development on site will
also be subject to the collection of traffic, school, and Sheriff impact fees.
The proposed zone is compatible with the General Plans of both the City of Chico and the
County and both jurisdictions support the designation. Approval of this request is
recommended.
RECOMMENDATIONS:
MOTION: ACCEPT THE RECOMMENDATIONS OF STAFF MEMO DATED April 29, 1993;
MAKE THE FINDINGS LISTED UNDER "A"; MAKE THE MOTION LISTED UNDER
"B" INCLUDING THE CONDITIONS LISTED 1 THROUGH 6.
A. Find that:
1. An initial study was completed in compliance with the California Environmental
Quality Act.
2. . Said study and comments received thereon identified potential significant
environmental effects that the project may have had, but:
a. Provisions in the project plans or proposals made by or agreed to by the
applicant would avoid such effects or mitigate such effects to point where
clearly no significant environmental effects would occur.
b. There is no substantial evidence before the County that the project as
revised may have significant effect on the environment.
3. The proposed Negative Declaration with mitigation measures has been completed
in compliance with the California Environmental Quality Act.
3
BUTTE COUNTY PLANNING COMMISSION
STAFF FINDINGS - April 29', 1993
4. Find that the rezone conforms to the policies, including the text and map of the
Butte County General Plan, because the M-1 zone is listed as a consistent zone
in the Industrial General Plan designation; and
B. Recommend that the Board of Supervisors adopt an ordinance rezoning to M-1 that
property identified as AP Nos. 040-020-087 & 148; and
C. Recommend that the Board of Supervisors adopt a resolution for a conditional zoning
agreement adding the following conditions that wall be made a part of the rezone:
1. Designate a 100' building and no disturbance setback from the top of bank or
outer edge of riparian vegetation on Comanche Creek. This area can be
improved as a parkway/ greenbelt with the approval of the Department of Fish
and Game. Also designate a 50' building setback from the top of bank of the
flood channel that forms the westerly property boundary.
2. The finished floor elevation of all buildings shall be above the 1 in 100 year flood
elevation as determined by a registered Civil Engineer.
3. The storm drainage system shall be designed to allow "first flush" water runoff
from all paved surfaces to be retained in an infiltration pond or area, to reduce
impacts to water quality. All drainage discharge shall meet water quality
standards administered by Regional Water Quality Control Board.
4. Access to the site shall be limited to one point on Skyway, approved by the Butte
County Department of Public Works. Contribute a pro rata share towards the
future installation of a traffic signal light at the intersection of Skyway and Honey
Run Road as required by the Department of Public Works.
5. If a private water system for fire fighting purposes is installed that is not connected
to California Water Service, A CSA shall be formed to maintain said system. .
6. Proposed uses that do not meet the County standards for sewage disposal with
septic tank and leachfield systems must connect to the City of Chico sewer
system.
CBS:cs
Attachments to Commission and Cities:
Environmental Documents
Site Plan
Location Map
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SECTION 24-195 U (UNCLASSIFIED) ZONE
(a) Purpose and Intent: All the unincorporated area of the County of Butte
not otherwise zoned .by ordinance by the Board of Supervisors is hereby
zoned as a U (Unclassified) district, and such district is defined and
subject to the regulations contained in Section 24-33 of this Chapter.
(b) Permitted Uses: The following are the principal permitted uses in the
U Zone:
(1) Single-family dwelling per parcel and accessory buildings;
(2) Agricultural uses and buildings.
(c) Conditional Uses: The following are conditional uses in a U Zone:
(1) Multiple-family dwellings, including duplexes, subject to the
density specified by the General Plan; second dwelling unit
allowed with no extra restriction;
(2) Commercial uses of land or buildings;
r (3) Recreational vehicle parks;
(4) Campsites;
(5) Public or quasi-public uses including schools, churches, public
buildings and public utility buildings;
(6) Junkyards, secondhand stores, auto wrecking yards, used car lots,
trailer sales and equipment sales;
(7) Commercial distillation of bones, abattoirs, auction yards,
commercial livestock feed yards, commercial millings, canneries,
lumber and lumber processing, tanneries, fat rendering, garbage-
fed commercial hog raising, food and agriculture product
processing plants;
(8) Country clubs, golf courses, racetracks, drive-ins., ball parks,
riding academies, bowling alleys, commercial amusement
enterprises, taverns, dance halls and other places of recreation
of a similar character;
(9) Kennels and small animal hospitals and crematories;
(10) Trailer courts, construction labor camps;
(11) Commercial airports (excepting individual or private airports and
those operated exclusively for agricultural purposes);
(12) Cemeteries, crematories, mausoleums or other places of the burial
or other disposal of the human dead;
(13) Storage of inflammables (excepting for agricultural purposes);
(14) Dumping and disposal areas;
( 149
r'
r (15) Manufacturing of acids, explosives, fertilizer, glue, gypsum,
lime, plaster of paris, pulp and paper, beet sugar, crushed rock,
sand and gravel, cement, concrete, and/or asphalt batching plants,
concrete and clay products;
(16) findustrial uses which might be objectionable by reason of emission
of noise—, offensive odor, smoke, dust, bright light, vibration or
involving the handling of explosives or dangerous materials;
(17) Hydroelectric generating facilities with installed capacity
greater than five (5) megawatts.
(d) Densities: Residential densities not to exceed the densities as set
forth in the Butte County General Plan for each specific site.
(e) . Development Standards: The minimum requirements shall be those for the
type of use involved. For instance, a residential use would adhere to
the development standards for the "R" Zones and a commercial use would
adhere to the development standards for the 'Co Zones.
(f) Other Standards and Requirements: The following additional standards
and requirements shall apply in a "II" Zone, except where specifically
modified for conditional uses:
(1) Off-street parking and loading shall be -provided in conformity
with the provisions of Section 24-35.
(2) Control on Land Divisions: Any proposed land division of 20 acres
or less must first apply for and obtain specific zoning consistent
with the General Plan or applicable area or specific plan.
Board of Supervisors Discussion Item 86-296: Development permits
for residential use on those lots of Butte Meadows (leases
established in 1940 and 1950) leased from Steidlmayer; in
Jonesville (1940 and 1950), leased from Minderman et al. ; and at
Philbrook Lake (1930 and 1940) leased from PG&E, are allowed,
finding that the development of the leaseholds conforms to the
density established by previous governmental action with or
without subdivision of the parcel, and, therefore, a use permit
would not be required to develop these 'lots".
SECTION 24-196 "WP" (WATERSHED PROTECTION) ZONE
(a) Purpose and Intent: This district classification is intended to be
utilized as an overlay zone which shall be overlaid onto other zoning
districts to establish the boundaries of a watershed, and for the
following purposes:
(1) To protect the County's surface and ground water resources;
(2) To reduce future governmental costs by preserving public water
supplies;
(3) To recognize the essentially public nature of the land and water
resources of a watershed, and that their continued vitality is
directly related to the social and economic welfare of the County
and its communities;
150
F�
I
Board of Supervisors Discussion Item 83-82: Body shops are a permitted
use.
(b) Uses requiring use permits: The following uses are permitted subject
to securing a use permit in each case:
(1) Quasi-public uses;
(2) Recycling facilities as per section 24-68.
(c) Site requirements: The requirements of section 24-33 of this Code are
modified for all building sites in 'L-I' zones in the following
particulars:
(1) Lot area and width: There is no lot area minimum not lot width
minimum except as may be required for the building and for off-
street loading area and parking.
(2) Side yard: None, except where the side of a lot abuts a
residential zone, in which case the side yard shall be not less
than five (5) feet.
(3) Rear yard: None, except where the rear yard abuts a residential
zone, in which case the rear yard shall be not less than five (5)
feet.
(4) Truck loading and unloading space: Private off-street loading
space for the handling of all goods, materials and equipment shall
be provided. Such space shall be of sufficient area and of such
design as to permit the parking and loading of vehicles without
extending into any existing street beyond the curbline.
(5) Off-street iparking sipace: The provisions of section 25-35 shall
apply.
(6) Enclosure: All uses must be conducted entirely within an enclosed
building or structure or within an area enclosed on all sides by a
solid wall or fence at least six (6) feet in height or by a chain
link fence at least six (6) feet .in height with a six-foot
planting buffer maintained in healthy condition, except that the
provisions of section 10-9 shall apply to fences and walls within
the required front yard and street setback area.
rSECTION 24-114 K-1 (LIGHT INDUSTRIAL) ZONE,
(a) Uses r)ermitted:
(1) Wholesale and storage warehouses;
(2) The assembly and storage of goods, materials, liquids and
equipment (except the storage of inflammable matter or explosives
or materials which create dust, odors or fumes);
(3) Feed storehouses and warehouses and fuel yards;
(4) The manufacturing, processing, fabricating, assembling, refining,
repairing, packaging and treatment of goods, materials and
products by power (oil, gas or electric), including, by way of
example and illustration, but not limited to, the manufacturing,
fabrication and assembling of bathroom shower and patio
partitions, enclosures and doors, windows and store fronts of
101
a
`i
aluminum, plastic and fiberglass, or other suitable material, and
the processing, finishing, polishing and anodizing of aluminum
extrusions and castings, assaying, broom and brush manufacturing,
die casting, dog pounds, draying, freighting or trucking yards or
terminals, heavy equipment rental or sale, heating and ventilating
service shops, jewelry manufacturing, lamp shade manufacturing,
lumberyards, packaging plants, public utility service yards, truck
repairing and overhauling and welding shops;
(5) Dyeing and rug cleaning plants, veterinary hospitals and animal
shelters and boarding kennels, cabinet and woodworking shops,
construction and material yards;
(6) Any use permitted in C-1 and C-2 zones.
Board of Supervisors Discussion Item 86-510: Sewage treatment ponds
are not allowed in the M-1 Zone.
(b) Uses requiring use permits: The following uses are permitted subject
to the securing of a use permit in each case:
(1) Any residential use;
(2) Storage of inflammables;
(3) Manufacturing of acids, explosives, fertilizer, glue, gypsum,
lime, plaster of paris, pulp and paper, beet sugar, crushed rock,
sand and gravel, cement, concrete and/or asphalt batching plants,
concrete and clay products;
(4) Industrial uses which might be objectionable by reason of emission
of noise, offensive odor, smoke, dust, bright light, vibration or
involving the handling of explosives or dangerous materials;
(5) Junkyards and auto wrecking yards;
(6) Recycling facilities as per section 24-68.
(c) Site requirements: The requirements of section 24-33 of this Code are
modified for all building sites in M-1 zones in the following
particulars:
(1) Lot area and width: There is no lot area minimum nor lot width
minimum except as may be required for the building and for off-
street loading area and parking.
(2) Side yard: None, except where the side of a lot abuts an R
district, in which case the side yard shall be not less than five
(5) feet.
(3) Rear yard: None, except where the rear yard abuts an R district,
in which case the rear yard shall be not less than five (5) feet.
(4) Truck loading and unloading space: Private off-street loading
space for the handling of all goods, materials and equipment shall
be provided. Such space shall be of sufficient area and of such
design as to permit the parking and loading of vehicles without
extending into any existing street beyond the curbline.
(5) Off-street parking: One parking space for each three (3)
employees or one parking space for each two thousand (2,000)
square feet of gross floor space, whichever is greater.
102
_ uto Counfy
Ile, aJ.. .
DIRECTOR'S OFFICE
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (9161 538-7601
September 16, 1993 FAX: 1916)538-7785
Forrest Young
82 Northwood Commons Place
Chico, Ca 95926
Re: Rezone, - File 93-17 -
Dear Mr. Young:
At the regular meeting of the Butte County Board of Supervisors held
September 14 , 1993 , Ordinance No. 3087 was adopted which rezones from "U"
to M-1 and Resolution 93-138 was adopted approving conditional zoning
agreement for property located on the southwest across from Honey Run
Raod and north of Edgar Slough, identified as AP 040-020-097 , 040-020-
148 , Chico.
Recently enacted legislation (AB 3158, Chapter 1706, Statutes of 1990,
effective January 1, 1991) requires that the Department of Fish and Game
impose and collect filing fees as specified to defray the cost of
managing and protecting fish and wildlife trust resources. These filing
fees are collected during the environmental review process and are to be
paid at the time the County files a "Notice of Determination" with the
County Clerk of the County in which the project is located. This
procedure is required pursuant to Section 21152 of the Public Resources
Code.
To increase administrative efficiency, the statute delegated the
collection of filing fees to the County Clerk and provided the County
authority to collect a $25. 00 documentary handling fee. The fee for a De
Minimus Negative Declaration is the $25 . 00 documentary handling fee. A
check made payable to the County in the amount of $25. 00 should be
submitted to the County by September 22 , 1993 .
The time within which judicial review of this decision must be sought is
governed by California Code of Civil Procedure Section 1094 . 6. Judicial
review must be sought no later than the 90th day following the date on
which this decision becomes final, except that where a shorter time limit
is provided by State or Federal. law, such shorter time limit shall apply.
96
Mid Valley Title and Escrow G01pany
OROV I LLE
PARADISE
CHICO7020-C Skyway
601 Main Street 2295 Feather River Blvd. 877-4471
893-5644
Suite A-533-6680
i
Should you have any questions regarding this matter, please contact thisu
Department.
Very truly yours,
William Farrel
Development Services Director
WF: lr
I
I
.Y
LAND OF NATURAL W EALTH AND BEAUTY
PLANNING DEPARTMENT
7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
MEMORANDUM
TO: Butte County Board of Supervisors
FROM: Bill Farrel, Director of Development Services
Craig B. Sanders, Project Planner
SUBJECT: Forrest Young, Rezone, File 93-17, Board Item September 14, 1993
DATE: August 17, 1993
REQUEST f RECOMMENDATION
Forrest Young - proposed Negative Declaration with mitigation measures regarding
environmental impacts and Rezone from "U" (Unclassified) to M-1 (Light Industrial) for
property located on the southwest side of Skyway across from Honey Run Road and north
of Edgar Slough, identified as AP 040-020-087, 040-020-148, Chico.
Staff recommends the Board concur with the Planning Commission and subject to the
findings listed in this report, approve the rezone.
.ANALYSIS:
This project is a request to rezone approximately 45 acres, located on the west side of
Skyway across from Honey Run Road, from U to M-1. This site has been the focus of
several previous actions. The property was originally designated as Industrial on the Chico
Area General Plan. The designation was changed to Agricultural Residential in 1985 to
conform with the City of Chico's plan. In 1986 the City of Chico changed the designation
to Industrial and the County followed with an amendment back to Industrial. A.subsequent
rezone application to M-1 was approved with an associated Development Agreement. The
Development Agreement, however was never signed and the zoning was changed back to
U. The Development Agreement was used to address the environmental impacts of a
specific development proposal, the construction of an new facility for Caribou
Mountaineering.
The designation of the site for industrial use is compatible with the surrounding properties.
The land to the south is already zoned M-2 and is developed with industrial uses. The
property to the west is the U.S. Plant Introduction Station and industrial uses will not
conflict with this use. To the north and east the property is bounded by Skyway which is
a divided 4 lane road. This provides access to the property and acts as a buffer to the rural
residential uses to the west.
A Development Agreement was used in conjunction with the last rezone proposal because
there was a specific development proposal, the property was not within the Chico Urban
Area boundary, and the impacts of development could not be addressed through the
required improvement standards for the urban area. Specific concerns were drainage, road
improvements, fire protection, and traffic. The boundary of the Chico Urban Area was
changed in 1987 to included this property. This means that at the time of building permit
application for any commercial or industrial use, the applicant will be required to install
urban road improvements, drainage improvements, and pay into the Chico area traffic fund.
This requirement has made many of the past mitigations unnecessary since those same
mitigations are now required by ordinance. However, since there are still some
environmental concerns that need to be addressed, a conditional rezone is recommended.
Those areas of concern are discussed in the environmental documents attached to this
report. Development on site will also be subject to the collection of traffic, school, and
Sheriff impact fees.
The proposed zone is compatible with the General Plans of both the City of Chico and
the County and both jurisdictions support the designation. Approval of this request is
recommended.
The site forms the southwesterly edge of Chico's Sphere of Influence and is contiguous to
the city limits at the northwest corner, along Skyway. This makes the future annexation of
the property almost a certainty.
PLANNING COMMISSION ACTION:
The Planning Commission heard testimony regarding this project. The Commission
unanimously voted to recommend approval of the rezone.
RECOMMENDATIONS:
MOTION: ACCEPT THE RECOMMENDATIONS OF STAFF MEMO DATED
August 17, 1993; MAKE THE FINDINGS LISTED UNDER "A"; MAKE
THE MOTION LISTED UNDER "B" INCLUDING THE CONDITIONS
LISTED 1 THROUGH 6.
A. Find that:
1. An initial study was completed in compliance with the California
Environmental Quality Act.
2. Said study and comments received thereon identified potential significant
environmental effects that the project may have had, but:
a. Provisions in the project plans or proposals made by or agreed to by
_ _ I
the applicant would avoid such effects or mitigate such effects to point
where clearly no significant environmental effects would occur.
b. There is no substantial evidence before the County that the project
as revised may have significant effect on the environment.
3. The proposed Negative Declaration with mitigation measures has been
completed in compliance with the California Environmental Quality Act.
4. Find that the rezone conforms to the policies, including the text and map of
the Butte County General Plan, because the M-1 zone is listed as a consistent
zone in the Industrial General Plan designation; and
B. Adopt an ordinance rezoning to M-1 that property identified as AP Nos. 040-020-
087 & 148; and
C. Adopt a resolution for a conditional zoning agreement adding the following
conditions that will be made a part of the rezone:
1. Designate a 100' building and no disturbance setback from the top of bank
or outer edge of riparian vegetation on Comanche Creek. This area can be
improved as a parkway/ greenbelt with the approval of the Department of
Fish and Game. Also designate a 50' building setback from the top of bank
of the flood channel that forms the westerly property boundary.
2. The finished floor elevation of all buildings shall be above the 1 in 100 year
flood elevation as determined by a registered Civil Engineer.
3. The storm drainage system shall be designed to allow"first flush"water runoff
from all paved surfaces to be retained in an infiltration pond or area, to
reduce impacts to water quality. All drainage discharge shall meet water
quality standards administered by Regional Water Quality Control Board.
4. Access to the site shall be limited to one point on Skyway, approved by the
Butte County Department of Public Works. Contribute a pro rata share
towards the future installation of a traffic signal light at the intersection of
Skyway and Honey Run Road as required by the Department of Public
Works.
5. If a private water system for fire fighting purposes is installed that is not
connected to California Water Service, A CSA shall be formed to maintain
said system.
6. Proposed uses that do not meet the County standards for sewage disposal
with septic tank and leachfield systems must connect to the City of Chico
sewer system.
7. Minor changes may be approved administratively by the Director of
Development Services 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.
CBS:lr
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE . OROVILLE, CALIFORNIA 95985.3397
TELEPHONE: (918)538.7801
FAX: (91 B) 538.7785
June 10, 1993
Forrest Young
82 Northwood Commons Place
Chico, CA 95926
Re: Rezone, File 93-17
Dear Mr. Young:
At the regular meeting of the Butte County Planning Commission held June 10, 1993
your request for rezoning from "U" to M-1 for property located on the southwest side
of Skyway, identified as AP 040-020-087, 040-020-148, Chico, was recommended for
approval subject to the following conditions:
1. Designate a 100' building and no disturbance setback from the top of bank or
outer edge of riparian vegetation on Comanche Creek. This area can be
improved as a parkway/greenbelt with the approval of the Department of Fish and
Game. Also designate a 50' building setback from the top of bank of the flood
channel that forms the westerly property boundary.
2. The finished floor elevation of all buildings shall be above the 1 in 100 year
flood elevation as determined by a registered Civil Engineer.
3. The storm drainage system shall be designed too allow "first flush" water runoff
from all paved surfaces to be retained in an infiltration pond or area, to reduce
impacts to water quality. All drainage discharge shall meet water quality standards
administered by Regional Water Quality Control Board.
I
4. Access to the site shall be limited to one point on Skyway, approved by the Butte
County Department of Public Works. Contribute a pro rata share towards the
future installation of a traffic signal light at the intersection of Skyway and Honey
Run Road as required by the Department of Public Works.
5. If a private water system for fire fighting purposes is installed that is not
connected to California Water Service, a County Service Area shall be formed to
maintain said system.
6. Proposed uses that do not meet the County standards for sewage disposal with
septic tank and leachfield systems must connect to the City of Chico sewer system.
A report of this matter will be made to the Clerk of the Board of Supervisors. Pursuant
to the provisions of Butte County Code Section 24-28.1, an estimated publishing fee of
the rezone ordinance shall be deposited with the Clerk of the Board prior to the Board
setting a public hearing.
Your rezone application has been reviewed and the estimated cost of publication and
staff time is $100.00. Accordingly, we would request that you forward your check for
$100.00 to the Clerk of the Board 25, County Center Drive, Oroville, Ca. 95965, made
payable to the "Butte County Treasurer." Upon receipt of the monies the Board of
Supervisors will be asked to set a public hearing.
Should you have any questions regarding this matter, please contact this office.
Sincerely,
. A. Kircher
Director of Planning
BAK:lr
cc: Clerk of the Board
a �
PLANNING DEPARTMENT
7 COUNTY CENTER DRIVE- OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
May 3, 1993
Forrest Young
82 Northwood Commons Place
Chico, CA 95926
Re: Rezone, File 93-17
Dear Mr. Young:
Enclosed is a copy of the Staff Findings concerning ycur application for a rezone from
"U" to M-1 for property located on the southwest side of Skyway, identified as AP 040-
020-087, 148, Chico.
A public hearing has been set for June 10, 1993 at 9:00 a.m. The meeting will be held
in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California.
The Planning Commission recommends that the applicant or their authorized
representative be present at the hearing to respond to any questions the Commission may
have. In the event that no one will represent the applicant, please contact the Planning
office prior to the scheduled public hearing.
Should you have any questions regarding this matter, please contact this office.
Sincerely,
B. A. Kircher
Director of Planning
ZV
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A
Craig B Sanders
Associate Planner
CBS:lr
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Post-ItIm brand fax transmittal memo 7671 From
#ofp'agesm-
File No. AP No. 040-020-087 & 148� To Ad .1 0
'14 6"&
ZKA I S
I. BACKGROUND Co. Co.
1. Name of Proponent: Forrest.Young Dept. Phone#
2. Address of proponent and representative (if applicable): 82.Northwood Commons Place, Chico CA 95 Fax# &c4 _-T AIX;/ Fax#
J
—3.—Project-descri ption:—Rezone-f rom-U to-M-1- —'
MANDATORY FINDINGS OF SIGNIFICANCE YES MAYBE NO DISCUSSION OF ENVIRONMENTAL EVALUATION
II. 1. Does the project have the potential to degrade the quality X This proposal will not significantly degrade the environment.
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 community, reduce the number
or restrict the range of a rare or endangered plant or
animal or eliminate important examples of major periods of
California history or prehistory?
2. Does the project have the potential to achieve short-term X This proposal will not impede long-term environmental goals.
benefits to the detriment of long-term environment goals?
(A short-term impact on the environment is one which occurs
in a relatively brief period of time while long-term
impacts will endure into the future.)
3. Does the project have impacts which are individually X See the discussion for items 3d, 3f, and 4a.
limited but cumulatively considerable? (A project may
impact on two or more separate resources where the impact
on each resource is relatively small, but where the effect
of the total of those impacts on the environment is
significant.)
4. Does the project have environmental effects which will X This proposal will not have a significant adverse effect on human beings.
cause substantial adverse effects on human beings, either
directly or indirectly?
III. DETERMINATION
On the basis of this initial evaluation:
I/WE find the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared.
I/WE 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 on the attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared.
I/WE find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
COUNTY OF BUTTE. t
�EPJA
DATE: March 11, 1993 By: 04
Craig,S1-nders
V
ReviewedX
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IV. ENVIRONMENTAL IMPACTS YES MAYBE MO DISCUSSION OF ENVIRONMENTAL EVALUATION
1. EARTH. Will the proposal result in significant:
a. Unstable earth conditions, or changes in geologic X The proposal will not affect subsurface earth conditions.
substructures?
b. Disruption, displacement, compaction or X This proposal has the potential to allow significant impacts to the surface
overcovering of the soil? of the site including disruption, displacement, compaction and overcovering
of the site as a result of improvements allowed by the proposed zoning.
These type of impacts are expected in an industrial setting and all of the
industrial zones in the county would have the same impact. Since this was
anticipated when the property was designated industrial in 1986 and was
addressed in the environmental documents prepared for the general plan
amendment, this is not seen as a significant impact.
C. Change in topography or ground surface relief X The proposal could result in some changes in topography. The site is
features? relatively level and cuts or fills in excess of 6 feet will probably not be
required. braCilig Will be required to facilitate storm water runoff. These
types of soil activities are expected for commercial or industrial
development and are not seen as a significant environmental impact.
d. Destruction, covering or modification of any X The site has no unique physical features.
unique geologic or physical features?
e. Increase in wind or water erosion of soils, X The proposal has limited potential to cause erosion as a result of
either on or off site? development activities allowed by the proposed zone. These impacts will only
be significant if the area directly adjacent to Comanche Creek is disturbed
and left without protection during the winter months when water is flowing
through it.
f. Changes in deposition of erosion of beach sands, X See the discussion for item le.
or changes in siltation, deposition or erosion
which may modify the channel of a river or stream
or the bed of the ocean or any bay, inlet or
lake?
9. Loss of prime agriculturally productive soils - X This proposal does not represent a significant loss of prime agricultural
outside designated urban areas? soils.
h. Exposure of people or property to geologic - X All of Butte County is in a Moderate Earthquake Intensity Zone VIII. The
hazards such as earthquakes, landslides, Construction of buildings to Uniform Building Code standards for seismic zone
mudslides, ground failure or similar hazards? 3, as required through the building permit application, will provide adequate
protection to occupants in case of seismic activity.
2. AIR. Will the proposal result in substantial:
a. Air emissions or deterioration of ambient air X The rezone by itself will not result in any deterioration in the air quality.
quality? Since the zone allows such a wide variety of uses, it is difficult to guess
as to the air quality impacts. In looking a the allowed uses, the worst case
might be incurred if a trucking yard or wood working shop were to locate on
site or some type of commercial use that generates a huge amount of traffic.
At the time this land was designated industrial, other land in the Chico
Urban Area was removed from the industrial designation resulting in a net
loss of industrial land and as a result a net potential decrease in air
quality impacts. Any prospective business that is going to emit offensive
odors, smoke, or dust must first get a use permit and will be required to
comply with Butte County Air Pollution Control District Requirements. As far
as emissions from increased traffic, the site is less than I mile from an
existing major commercial center and the emissions generated from people
driving that additional distance is not considered significant. Given these
parameters and the existing regulations for air quality, this impact is not
seen as significant.
3
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b. The creation of objectionable odors, smoke or X See the discussion for item 2a.
fumes?
C. Alteration of air movement, moisture or X The proposal will not affect the atmosphere.
temperature, or any change in climate, locally
or regionally?
3. WATER. Will the proposal result in substantial:
a. Changes in currents, or the course or direction X The project site has two channels from Comanche Creek crossing it. One
of water movements in either marine or fresh channel forms the southerly boundary, the other cuts through the center.
waters? Bank erosion and changes in the course of the streams is possible. The
southerly stream/drainage course does support some riparian vegetation an
should not be disturbed. A 50' building setback and no disturbance zone
should be established from the outer edge of the riparian vegetation or top _
of bank, whichever is geedter. This area could be used for a parkway for
future employees of the site and such improvements and landscaping should be
allowed under the direction of the California Department of Fish and Game.
The other channel must be maintained for drainage purposes it could, however,
be put underground through a properly sized culvert or channelized and lined
with no significant environmental effects.
b. Changes in absorption rates, drainage patterns, X The potential build out allowed under the proposed zone will result in
or the rate and amount of surface runoff? significant increased runoff from the site due to compaction and overcovering
of the soil. Drainage from the site needs to be directed away from the two
tributaries of Comanche Creek that traverse the property due to downstream
flooding problems. However drainage from the site can be directed to the
drainage diversion channel that forms the westerly property boundary. The
water is then released into Butte Creek. The project is within the Chico
Improvement Standards area and commercial or industrial building permits
trigger the requirement for street, fire, water, and drainage improvements.
The standards are contained in the Improvement Standards for Subdivisions,
Parcel Maps , and Site Improvements adopted as part of Chapter 20 of the
Butte County Code. Adherence to these standards will reduce the impacts to
a less than significant level.
C. Need for off-site surface drainage improvements, X No off site drainage improvements will be required as a direct result of this
including vegetation removal, channelization or project. If any off site drainage improvements are needed they will be
culvert installation? required as a condition of development pursuant to County Improvement
Standards.
d. Alterations to the course or flow of flood X Approximately 65% of the project site is located within a designated 100 year
waters? flood plain. Development within this flood plain will have a minimal effect
on downstream flooding that is related to the reduced percolation of flood
waters from paved areas and buildings. This is not seen as a significant
impact. In the case of a flood event, the flood waters could be contaminated
to various degree with a variety of substances that are used in industrial
processes. This potential is somewhat mitigated by the requirement in the
M-1 zone the storage of hazardous and inflammable materials requires a use
permit and will need the preparation of additional environmental documents
and can be conditioned at that time. This impact can be further mitigated
by requiring all buildings to have a finished floor elevation above the flood
water elevation. If small amounts of introduced substances do enter the
water as a result of flooding, the impacts will be mitigated by the volume
of water.
e. Change in the amount of surface water in any X The proposal has the potential to increase the amount of water in Butte Creek
water body? as a result of increased runoff. It would not, however, cause the creek to
breach it's banks or flood to a level significantly higher than it already
does.
::.>:
4
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Env..r..onme .to ::C.:.ec.. .s. :::::.::: ..valuation...of...Enu�ronmental::.lm act........................................................................................................................................:.::
xxx
X1X
f. Discharge into surface waters, or in any X The proposal has the potential to incrementally affect surface water quality
alteration of surface water quality, including in Butte Creek. The main impacts will occur with the "first flush" rains
but not limited to temperature, dissolved oxygen that wash accumulated oils, heavy metals, tire residue, etc. into the storm
or turbidity? drainage system and possibly into Butte Creek if the runoff is large enough.
This impact can be mitigated by designing the storm drainage system to allow
for infiltration of "first flush" runoff or through the use of some type of
filtration system that will meet the requirements of the Regional Water
Quality Control Board.
g. Alteration of the direction or rate of flow of X The proposal will not affect the direction or flow of ground waters.
ground waters?
h. Change in the quantity or quality of ground X The proposal will utilize ground water as a source of potable water and for
waters, either through direct additions or fire fighting purposes. In general, commercial and industrial uses do not
withdrawals, or through interception of an use large amounts of water though there are some uses that use very large
aquifer by cuts or excavations? quantities, a brewery for example. Since the type of development is not
KROWh at LhiS Llhle, the exact amount of water used is not known. However,
the aquifer below this property and in the area is one that has a recharge
rate greater than the withdrawals according to a USGS study titled
"Evaluation of Ground Water Resources: Sacramento Valley". Adequate amounts
of water should be available to serve the development on this site either
through on site wells or the extension of a California Water Service line.
i. Reduction in the amount of water otherwise X The project will not affect any public water supply. If a California Water
available for public water supplies? Service line is extended to serve the site, adequate supplies of water will
be available.
j. Exposure of people or property to water-related X The site is within a designated flood plain, see the discussion for item 3d.
hazards such as flooding?
4. PLANT LIFE. Will the proposal result in substantial:
a. Change in the diversity of species, or number of X The site contains some limited riparian vegetation along the stream that
any species of plants (including trees, shrubs, forms the southerly property boundary. This vegetation type is declining in
grass, crops, and aquatic plants)? California and needs to be preserved. Impacts to this vegetation can be
mitigated by adopting a no development setback.
b. Reduction of the numbers of any unique, rare or X The site has the potential to support at least two species of rare or
endangered species of plants? endangered plants. Two surveys of the property have been performed at
different times and no evidence of the plants were found.
C. Introduction of new species of plants into an X The proposal will not significantly affect existing plant life.
area, or in a barrier to the normal replenishment
of existing species?
d. Reduction in acreage of any agricultural crop? X The site does not contain any agricultural crops and is presently developed
with a single family residence and the remains of a dairy farm.
5. ANIMAL LIFE. Will the proposal result in substantial:
a. Change in the diversity of species, or numbers X The proposal will not significantly the diversity or number of animal life
of any species of animals (birds, land animals because the site does not support significant animal life or habitat.
including reptiles, fish and shellfish, benthic
organisms or insects)?
b. Reduction in the numbers of any unique, rare or X The site contains no rare animals.
endangered species of animals?
C. Introduction of new species of animals into an X The proposal will not affect existing animal life.
• area, or in a barrier to the migration or
movement of animals?
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d Deterioration of existing fish or wildlife X See the discussion for item 4a.
habitat?
6. NOISE. Will the proposal result in substantial:
a. Increases in existing noise levels? X The development allowed by the M-1 zone will result in some increase in noise
generated on the site. The zone does, however require a conditional use
permit for use that create undue amounts of noise so that those impacts can
be addressed. There are no sensitive noise receptors in the immediate
vicinity and no high concentrations of residences. The nearest residences
are across the Skyway and are already subject to noise from the road which
is probably greater than noise that will com from future development on site.
b. Exposure of people to severe noise levels? X The proposal will not expose people to severe noise levels.
7. LIGHT AND GLARE. Will the proposal produce significant X Development under the proposed zone will result in an increase in light on
Tight and glare? the vrooerty that will bo conGiatent with ioidu�trlal ana e6rhmercial
development. There are no sensitive light receptors in the immediate
vicinity that will be affected by the increase in lighting.
8. LAND USE. Will the proposal result in a substantial X The proposal will not alter the land use in the area. The General Plan Land
alteration of the present or planned land use of an area? Use Element was amended in 1986 to designate this property for industrial
development. This designation is also consistent with the City of Chico
designation. The proposed zone also allows for the development of commercial
uses allowed in the C-1 and C-2 zones.
9. NATURAL RESOURCES. Will the proposal result in
substantial:
a. Increase in the rate of use of any natural X The ultimate development of industrial uses will result in a corresponding
resources? increase in the use of power and natural resources depending upon the use or
manufacturing process. Many of the natural resources used may not come from
this state or even this country. This is a normal impact of any development
and the increased usage will not be undue or abnormal.
b. Depletion of any non-renewable natural resources? X The proposal will not deplete any natural resources.
10. RISK OF UPSET. Will the proposal involve:
a. A risk of explosion or release of hazardous X The proposed zone requires businesses using significant amounts of
substances (including, but not limited to, oil, inflammables or hazardous material to obtain a conditional use permit. This
pesticides, chemicals or radiation) in the event will allow for additional environmental evaluation and the imposition of
of an accident or upset conditions? conditions to regulate the use of these materials. See the discussion for
item 3d for potential releases to flood waters.
b. Possible interference with an emergency response - - X The proposal will not affect any emergency services.
plan or emergency evacuation plan?
II. POPULATION. Will the proposal alter location, - - X The proposal will not significantly affect the population of the area because
distribution, density or growth rate of the human the proposed density does not exceed that planned and being developed in the
population? area.
12. HOUSING. Will the proposal affect existing housing, or - - X The proposal will not significantly affect housing demand.
create a demand for additional housing?
13. TRANSPORTATION/CIRCULATION. Will the proposal result in:
a. Generation of substantial additional vehicle X The proposal will represent an incremental increase in traffic in the area.
movement? Skyway is a 4 lane arterial with a estimate capacity of 38,400 ADT. Traffic
volumes at the east side of the Skyway/Honey Run Rd. intersection are 15,600
ADT (1992). The volume increases to 18,900 ADT west of Bruce Rd. and 28,200
ADT west of Notre Dame Ave. According to figures on trip generation compiled
by the Institute of Transportation Engineers, 5th edition, development on
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this site could generate between 39 to 160 ADT per week day per acre.
Assuming that approximately 30 acres could be developed, the expected
increase in ADT would be 1170 to 4800 trips. The lower figure assumes the
uses on site will be 100% manufacturing and the higher number assumes a
business park development with mixed uses including retail sales, food
services, offices, warehousing, and manufacturing. The latter would be
similar to the existing development on the Skyway to the west. At the worst
case the traffic on Skyway at Honey Run Road will increase to approximately
20,400 ADT or 53% of estimated capacity.
Skyway is a limited access, major thoroughfare. Encroachments are reviewed
very carefully .for" safety cons-i.derattons— There are currentlytwoaccess -- - — --
points to the property now. It is recommended that access to the site be
limited to 1 access point with a secondary access for emergency purposes
only. The access point shall be approved by the Butte County Department of
Public Works. In a previous review, The Department of Public Works indicated
that two would be considered:_1) cross Comanche Creek to the south and use- - -- --
- - - - the existing access point for Baldwin Construction; or 2) align the access
with Honey Run Road. In the latter case, plans for a future traffic signal
should be made to make turning movements safer.
b. Effects on existing parking facilities, or demand X The proposal will not affect parking because the proposal will have to comply
for new parking? with the parking requirements contained within Butte County Code section 24-
35.
C. Substantial impact on existing transportation X See the discussion for item 13a.
systems?
d. Significant alterations to present patterns of X The proposal will not alter the present pattern of circulation in the area.
circulation or movement of people and/or goods?
e. Alterations to waterborne, rail or air traffic? X The proposal will not affect rail or air traffic.
i
f. Increase in traffic hazards to motor vehicles, X The proposal will result in an incremental increase in traffic and related
bicyclists or pedestrians? traffic hazards in the area. See the discussion for item 13a.
� 14. PUBLIC SERVICES. Will the proposal have an effect upon,
or result in a need for new or altered government services:
a. Fire protection? X The proposal will result in an incremental increase in demand for fire
protection in the area. The Butte County Subdivision Improvement Standards
will require the installation of a pressurized water system with hydrants as
a condition of development. Water for the hydrants can come from the
extension of a California Water Service line or from wells on site with some
on site storage. If the latter is used a CSA shall be formed to oversee the
maintenance of the system. Interior fire sprinkler systems will be required
on an individual basis according to occupancy and building code.
b. Police protection? X The proposal will result in an incremental increase in demand for police
protection in the area. The Board of Supervisors has adopted a Sheriff
impact mitigation fee that is collected at the time of building permit
submittal. This condition reduces the impact to police services to a less
than significant level.
C. Schools? X The proposal will result in an incremental increase in demand for school
services in the area. All new residential units allowed by this project will
be subject to the collection of school impact fees, as allowed by the School
Facilities Law and adopted by County ordinance. These fees are collected at
the time of building permit application. While the school district maintains
that the allowed fees do not fully mitigate the impacts of the project, the
County is precluded from imposing additional fees and takes the position that
the existing fee structure addresses the impacts of the project.
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d Parks or other recreational facilities? X The project is within the Chico Urban Area and will be subject to the
collection of recreation impact fees applicable to commercial and industrial
development.
e. Maintenance of public facilities, including X The proposal will result in an incremental increase in the need for
roads? maintenance of roads and other public facilities in the area that will be off
set by the increase in property tax and sales tax revenue to the county.
f. Other governmental services? X The proposal will result in an incremental increase in demand for all other
governmental services in the area that will be off set by the increase in
property tax and sales tax revenue.
15. ENERGY. will the proposal result in:
a. Use of substantial amounts of fuel or energy? X The project will not utilize substantial fuel or energy.
b. Substantial increase in demand upon existing X The- proposal. will not substantially increase the demand for energy.-
- sources of energy-or requi re the development of
new sources of energy?
16. UTILITIES. Will the proposal result in a need for new
systems, or substantial alterations to the following:
a. Power or natural gas? X The proposal will not affect electrical power or natural gas distribution
systems.
b. Communications systems? X The proposal will not affect communication systems.
C. Water availability? X The proposal will not affect public water systems. Pubic water can be
extended to serve the property or water can be supplied by wells on site.
d. Sewer or septic systems? X The project is located within the Chico Area Nitrate Action Plan and sewage
disposal via septic tanks will be limited by that plan. High groundwater is
a concern in the vicinity and winter groundwater monitoring may be necessary.
Uses on the property will be restricted until sewer is extended to the site.
The property is not currently within the sewer service area which would have
to be amended to serve the site.
e. Storm water drainage? X The proposal will have to provide a permanent solution for drainage.
f. Solid waste and disposal? X The proposal will not have a significant effect on solid waste disposal.
17. HUMAN HEALTH. Will the proposal result in:
a. Creation of any health hazard or potential hazard X The proposal will not create any health hazard.
(excluding mental health)?
b. Exposure of people to potential health hazards? X The proposal will not expose people to any health hazard.
18. AESTHETICS. Will the proposal result in the obstruction X The proposal will not result in an aesthetically offensive view because it
of any scenic vista or view open to the public, or will the is consistent with surrounding development.
proposal result in the creation of an aesthetically
offensive site open to the public view?
19. RECREATION. Will the proposal result in an impact upon the X The proposal will not result in an incremental increase in demand for park
quality or quantity of existing recreational opportunities? and recreation facilities.
20. CULTURAL RESOURCES.
a. Will the proposal result in the alteration or X The proposal will not affect archeological sites. An archaeological survey
destruction of a prehistoric or historic was performed on'the site in 1986 and no significant cultural resources were
archaeological site? discovered.
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b. Will the proposal result in adverse physical or X The proposal will not affect historic sites.
aesthetic effects to a prehistoric or historic
building, structure or object?
C. Does the proposal have the potential to cause a X The proposal will not affect cultural resources.
physical change which would affect unique ethnic
cultural values?
d. Will the proposal restrict existing religious or X The proposal will not affect religious resources.
sacred uses within the potential impact area?
9
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V. SUGGESTED MITIGATION MEASURES
1. Designate a 100' building and no disturbance setback
from the top of bank or outer edge of riparian
vegetation on Comanche Creek. This area can be
improved as a parkway/ greenbelt with the approval of
the Department of Fish and Game. Also designate a
50' building setback from the top of bank of the
flood channel that forms the westerly property
boundary.
2. The finished floor elevation of all buildings shall
be above the 1 in 100 year flood elevation as
determined by a registered Civil Engineer.
3. The storm drainage systAm shall he dasignod to allow
"first flush" water runoff from all paved surfaces to
be retained in an infiltration pond or area, to
reduce impacts to water quality. All drainage
discharge shall meet water quality standards
administered by Regional Water Quality Control Board.
4. Access to the site shall be limited to one point on
Skyway, approved by the Butte County Department of
Public Works. Contribute a pro rata share towards
the future installation of a traffic signal light at
the intersection of Skyway and Honey Run Road if the
access is located at this point, if the need for a
signal is identified by the Department of Public
Works.
5. If a private water system for fire fighting purposes
is installed that is not connected to California
Water Service, A CSA shall be formed to maintain said
system.
6. Proposed uses that do not meet the County standards
for sewage disposal with septic tank and leachfield
systems must connect to the City of Chico sewer
system.
These mitigations can be accomplished through the use of
conditional zoning, a development agreement and in
combination with a parcel or subdivision map.
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DATA SHEET
A. Project Description 5. Visual/Scenic Quality: Good.
1. Type of Project: Rezone 6. Acoustic Quality: Fair.
2. Brief Description: Rezone from U to M-1 on 43 acres 7. Air Quality: Fair, with periods of marginal air quality during
periods of stagnant valley air.
3. Location: Located on the westerly side of Skyway near the
intersection of Honey Run Road, south of Chico Biological Environment:
4. Proposed Density of Development: Unknown 8. Vegetation: Grassland with some riparian vegetation along
Comanche Creek
5. Amount of Impervious Surfacing: Potentially substantial with up to
75% of the site being overcovered. 9. Wildlife Habitat: Small birds and animals common to valley
grasslands.
6. Access and Nearest Public Road(s): The property has access to Skyway
Cultural Environment:
7: Method of Sewage Di[syaaal; Indlvldual sepLlc systems proposes.
10. Archaeological and Historical Resources in the area: High
8. Source of Water Supply: Individual wells. sensitivity area.
9. Proximity of Power Lines: To property. 11. Butte County General Plan designation: Industrial
10. Potential for further land divisions and development: The potential 12. Existing Zoning: U
will exist for future land divisions with no minimum parcel size under
the proposed zone. 13. Existing Land Use on-site: Ag building, two silos, two
billboards
B. Environmental Setting
14. Surrounding Area:
Physical Environment: a. Land Uses: North: grazing; East: Skyway, church, and
rural residential; South: Baldwin Construction yard;
1. Terrain West, U.S. Plant Introduction Station
a. General Topographic Character: Level valley land b. Zoning: U, PQ, M-2, FR-2, FR-5, and FR-160
b. Slopes: 0 to 3% C. Gen. Plan Designation: Public, Industrial, and
C. Elevation: 230 to 255 feet above sea level. Agricultural Residential
d. Limiting Factors: None d. Parcel Sizes: 2 to 100+ ac.
e. Population: Sparse
2. Soils
a. Types and Characteristics: North of Edgar Slough: Tuscan 15. Character of Site and Area: Fringe of Chico Urban Area
Stony Loam; south: Vina Loam. Poor subsurface drainage and
shallow soil on the Tuscan Stony Loam, Vina Loam is well 16. Nearest Urban Area: Chico, adjacent to the northwest
drained and generally suited for agriculture.
b. Limiting Factors: Subsurface drainage in the Tuscan Stony 17. Relevant Spheres of Influence: CARD
Loam, moderate liquefaction potential in the Vina Loam
18. Improvements Standards Urban Area: Yes
3. Natural Hazards of the Land
a. Earthquake Zone: Moderate Earthquake Intensity zone VIII. 19. Fire Protection Service:
b. Erosion Potential: Low a. Nearest County (State) Fire Station: Station #44
C. Landslide Potential: None approximately 2.2 miles away.
d. Fire Hazard: Unclassified b. Water Availability: Fire tankers only.
e. Expansive Soil Potential: Moderate to low
20. Schools in Area: Chico Unified School District.
4. Hydrology
a. Surface Water: Flood channel borders on the west, Comanche
Creek on the south, and Crouch Ditch traverses though the
center.
b. Ground Water: Abundant valley aquifers.
C. Drainage Characteristics: The parcel drains to the south
and west
d. Annual Rainfall (normal): 26 inches per year.
e. Limiting Factors: Flood plain covers a majority of the
property
D
ENVIRONMENTAL REFERENCE MATERIAL
l. Butte County Planning
Fault Activity Map 11-1, Seismic Safety Element.. 12. Butte County Board of Supervisors.
Oroville, CA: CH2M Hill, 1977. Agricultural Preserves Map, established_hy
Resolution No. 67-178. Oroville, CA:
3. Butte County PlanningButte County Planning Department, 1987.
Potential Map 11-2, Seismic Safety element.
oroville, CA: Ce2a Hill, 1977' 13, National Flood Insurance Flood
Insurance Rate maps. Federal Emergency
3. Butte County Planningdepartment. Subsidence and Management Agency, 1989.
Landslide Potential Map 111-1, Safety Element.
ozovilze, Cu: Cs3M Hill, 1977. 14. nSGa Quad Maps, Chico, Calif.
4. Butte County Planning15. soil map, chico (1925) /Oroville (1926)
Potential Map 111-2, Safety Element. Oroville, CA: Krea. United States Department of
CsoM sill, 1977' Agriculture.
5. Butte County Planning . Expansive Soils 16, Soil Survey of Chico (1925) /Oroville
Map 111-3, Safety element. orovilIe, CA: Ca2M United States Department of
Hill, 1977. Agriculture.
6. Butte County Planning Department. Noise element 17. Butte County Planning Department.
Map IV-1, Scenic Highway element. Oroville, CA: CountV Fire Protection Jurisdictions and
oe2M Hill, 1977, Facilities Maip. Butte county fire
Department and California Department of
7, Butte County Planning Department. Forestry, 1989.
Map V-1, Scenic Highway Element. Oroville, CA:
CH2M Hill, 1977.
8, Butte County Planning
Hazard classes Map 111-4, safety Element.
Oroville, CA: CH2M Hill, 1977.
g, Butte County Planning Department. Archaeological
Sensitivity May. orovilla, CA: James P. Manning,
1983.
20. Butte County Planning Department. School District
Map. Oroville, CA
11. Northwestern District Department of Water
concentration in Shallow Wells.Resources. Chico Nitrate Study Map,
The Resources
Agency, State of California, 1983.
BUTTE COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given by the Butte County Planning Commission that public hearings
will be held on Thursday, June 10, 1993 in the Butts 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 WITH MITIGATION MEASURES
REGARDING ENVIRONMENTAL IMPACTS HAVE BEEN RECOMMENDED
9:00 a.m. P.J. Keating Materials Corp D/B/A Concrete Products Industries - Use
Permit to allow a Ready Mix Concrete Plant on property zoned M-2 (Heavy
Industrial) located on the southwest side of Skyway approx. 1600 ft. South
of Honey Run Road, identified as AP 040-020-141, Chico. (CBS)
0a.m.
Forrest Young - Rezone from "U" (Unclassifed) to M-1 (Light Industrial),
located on the Southwest side of Skyway across from Honey Run Road and
North of Edgar Slough, identified as AP 040-020-087, 040-020-148, Chico.
(CB) (File #93-17)
ITEM DETERMINED TO BE CATEGORICALLY EXEMPT
FROM ENVIRONMENTAL REVIEW
9:00 a.m. Mary M. Cooper - Variance to the required sideyard setback to allow a
storage shed 18" from property line instead of the required 5', on property
zoned R-1 (Residential) located at 1785 Estates Way, approx. 500' north
of Earl Avenue, identified as AP#002-040-016, Chico. (TL)
The above mentioned applications, maps and Negative Declarations 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
B.A. KIRCHER, DIRECTOR OF PLANNING
To be published in the Chico Enterprise Record on Thursday May 6, 1993.
M PTTmTE COUNTY PLANNING COMMI: ON
7 County Center Drive
Oroville, CA 95965-3397
(916) 538-7601
TO• DATE: FEBRUARY 17,. 1993
RE: PROJECT REVIEW &
ENVIRONMENTAL EYALUATION
AP # 040-020-087 040-020-148
FORREST YOUNG
Enclosed is preliminary data our office has received or generated
concerning the following project: REZONE TO M-1
LOCATED ON THE SOUTHWEST SIDE OF SKYWAY ACROSS FROM HONEY RUN ROAD AND NORTH OF
EDGAR SLOUGH, CHICO
ZONED U
We are making an assessment of possible environmental impacts and
'71Will be preparing an environmental document, either -a Negative
Declaration, Negative Declaration with Mitigation Measures or an
Environmental- Impact- Report (EIR) :
Please provide. any:.factual statements.,-.-ideas. for :invest:igation,.
or .opinions you can offer " n
in your area of concer .or expertise
that relate to either physical, social, or .economic .impacts that
this project may generate.- -
Please respond' w thin .14 days 6f :the above-noted date. If no
response is- generated by--this. -inquiry, then it "shall-be- assumed
that there are no significant environmental_ impacts_ which are
potential from- the project:
We appreciate any assistanceyouu can provide. :. .
Sincerely,
Larry Pa' er
Planning Technician
Comments:
Does your agency wish to receive a copy of the environmental
document (initial study for Negative Declaration (with or without
Mitigation Measures) or EIR for this project) .
Yes No
T2/ N- R.2E. M. D.B.QM. 40-02
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RS 110 71
��,'1•!7 nI REM PM 94.7 P6 40.061 t)JI-'69)61411 /� !
•I�, •�'''���;, • 05 Assessor's Map No. 40-02
County of Butte, Calif.
REVISED:I I- 90
'TE COUNTY PLANNING COMMI ON
7 County Center Drive
Oroville, CA 95965-3397
(916) 538-7601
TO• DATE• FEBRUARY 17, 1993
. 1993
RE: PROJECT REVIEW &
ENVIRONMENTAL EVALUATION
AP # 040-020-087 040-020-148
FORREST YOUNG
Enclosed is preliminary data our office has received or generated
concerning the following project: . REZONE TO M-1
LOCATED ON THE ,SOUTHWEST SIDE OF SKYWAY ACROSS FROM HONEY RUN ROAD AND NORTH OF
EDGAR SLOUGH, CHICO
ZONED 'U
I
We are making an assessment of possible environmental impacts and
will be -preparing an environmental document, either a Negative
Declaration, Negative Declaration with Mitigation Measures or an
Environmental Impact Report (EIR) .
Please provide any factual statements, ideas for investigation,
or opinions you can offer in your area of concern or expertise
that relate to either physical, social, or economic impacts that
this project may generate.
Please respond within 14 days of the above-noted date. If no
response is generated by this inquiry, then it shall be assumed
that there are no significant environmental impacts which are
potential from the project.
We appreciate any assistance you can provide.
Sincerely,
Larry Pa' er
Planning Technician
Comments•
Does your agency wish to receive a copy of the environmental
document (initial study for Negative Declaration (with or without
Mitigation Measures) , or EIR for this project) .
Yes No
l
014 02.0 - 0E3.7 lzig
DISTRIBUTION LIST FOR COMMENTS
X RESORIICE MANAGEMENT _
County Public Works
�~ County Environmental Health State Water Resources Dept.
County Building Department U.S. Forest Service
City of Biggs U.S. Bureau of Land Management
City of Chico Butte County Mining Committee
City of Gridley State Department of Fish & Game
City of Oroville California Native Plant Society
Town of Paradise State Div. Forestry- attention
CHIC-C) Planning Department Craig Carter
State Transportation Department _� Regional Water Qual. Control Bd.
DOMESTIC WATER SEWERS
Butte Water District Richvale Sanitary District
California Water Service Co. North Burbank Pub. Util. Dist.
Del Oro Water Co. Skansen Sub. (CSA #21)
OWID Stirling City Sewer maint. Dist.
Thermalito Irrigation District Thermalito Irrigation District
Other
UTILITIES IRRIGATION WATER
PG&E North (Chico) Biggs-W.Gridley Water District
PG&E South (Marysville) Butte Water District
Pacific Bell Durham Irrigation District
State TV Cable OWID
Viacom TV Cable Paradise Irrigation District
Richvale Irrigation District
FIRE PROTECTION Table Mountain Irrigation Dist.
E1 Medio Fire Protection Dist. Thermalito Irrigation District
X County Fire Department/CDF
DRAINAGE DISTRICT
MOSQUITO ABATEMENT DISTRICT
X Durham, Oroville or Butte County
RECLAMATION DISTRICT
POLICE PROTECTION
X State Highway Patrol
> County Sheriff OTHER
COMMITTEES/COMMISSIONS
SCHOOL DISTRICT
RECREATION FACILITIES Paradise Pines Architectural
Chico Area Recreation District Control Committee
Durham Area Rec. & Park Dist. Butte County Farm Bureau
Feather River Rec. & Park Dist. Community Association:
Paradise Rec. & Park Dist.
Richvale Rec. & Park Dist.
State Parks & Rec. Dept.
CITY OF CHICO
INTER-OFFICE MEMORANDUM
TO: PLANNING DIRECTOR DATE: JULY 30, 1990
FROM: DIRECTOR OF PUBLIC WORKS FILE REFERENCE: ID MEMO
SUBJECT: COMANCHE CREEK RANCH SUBDIVISION
MESSAGE
Several items should be required at the time or in conjunction with the
filing 'of a tentative map for the above subdivision.
1. A complete drainage analysis showing the 100 year flood elevations,
downstream channel capacity and impact of the increased drainage.
2. Complete- profiles along all proposed drainage courses through the
. subdivision.
3. Research and documentation regarding ownership and water rights along
Comanche Creek.
Nunes
for of Public Works
JRN:ce
cc: CSD
ADPW-E
11-5 8-84 1OOM - '
ApR 2 ?_ 1993
April 19 , 1993
Craig Sanders
Butte County Planning Dept .
7 County Center Drive
Oroville , CA 95965-3397
Re : Rezone File X693-17
.AP 4040-020-057/148
Dear Mr . Sanders ;
We have reviewed your initial study for the above referenced
project and the suggested mitigations you have proposed are
acceptable .
It is our understanding that you will. now recommend our pro-
ject for a negative declaration on environmental impact and
proceed to the next step .
Thank you for your assistance .
Sin el ,
Forrest Youh
lip .
� E
Suite
- _ - - Department of Development Services
- sr-
PLANNING DEPARTMENT
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
April 5, 1993
Forrest Young
82 Northwood Commons Place,
Chico, CA 95926
Re: Rezone, File # 93-17
AP #040-020-057 and 148
Dear Mr. Young:
An initial study of your proposed project, a Rezone, indicatespotentially adverse impacts
to the environment (refer to the enclosed environmental checklist). To reduce or
eliminate these impacts, suitable mitigation measures are required as part of the project.
Otherwise, an Environmental Impact Report (EIR) is required pursuant to the California
Environmental Quality Act.
An early response to this notification, sent to the Department of Development Services,
Planning Division, will expedite the scheduling of your project. Please forward your
written response within 15. days from the date of this letter.
Should you have any questions regarding this matter, please contact this office.
Sincerely,
B. A. Kircher
Director of Planning
Craig Sanders
Associate Planner
CBS:jlo
IN' .,DEPARTMENTAL MEMORA..._ JM Planning DeParhnent
MAR 3 0 1993
TO: Butte County Planning Department Daov1116, jn;a
FROM: Craig Eric rogram Manager, Butte County Environmental Health
RE: Rezone to M-1 -AP# 040-020-087&148-Property Located on Southwest Side
of Skyway Across From Honey Run Road and,-North of Edgar Slough
DATE: March 29, 1993
We have received your request for project review and environmental evaluation of the above
parcels. We offer the following comments:
The Butte County Environmental Health Division has no objections to the rezone of this
property. The.property is outside of the Nitrate Action Plan boundaries but within the City
of Chico Sphere of Influence.
Since the M-1 Zone permits high wastewater generating facilities, connection to a public sewer
may be necessary to comply with Regional Water Quality Control guidelines and county
policy.
If proposed developments are low wastewater generating facilities, complete soil and
groundwater investigations will be necessary because sewage disposal area for septic system is
limited and portions of the property maybe within a flood plain.
In any case, Butte County Environmental Health Division will encourage connection to a
public sewer system for wastewater disposal.
CJE/kf
APPENDIX 1:
COIJNTY OF BUTTE
ENVIRONMENTAL CHECKLIST FORM
(to he complete y ,ea Agcncy)
1,09 A 85-12=24-02
1. BACKGROUND All A 40-02-87, 11.85_6y
1. Name of proponent RICHARD PETERS-,.___�_, _
2. Address of proponent and representative (if applicable)
Richard Peters_____________Rolls,-_Anderson...&..-Rolla
30 Northwood Commons P1. .•___.__-965 i_>`_Si.re_eS__
Chemo, CA 95926 Chico CA 95926.__, _
3. Project description Rezone from
11. MANDATORY FINDINGS OF SIGNIFICANCE YES MAYBE Nil
a. Dues 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 P1Hnt or
animal community, reduce the number or restrict the
range of a rare or endangered plant or animal or
eliminate important examples of the major periods J
of California history or prehistory?
b. Dues the project have the potential to achieve
short-term benefit:; to tate detriment of long-term,
environmental goals? (A short-term impact on the
environment is one which occurs in a relatively
brief period of time while long-term impacts will
endure into the future.)
C. Does the project have impacts which are individu-
ally limited, but cumulatively considerable? (A
project may impact on two or more separate resources
where the impact on each resource is relatively
small, but where the effect of the total of these — --
impacts on the environment is significant.)
d. Does the project have environmental effects which
will cause substantial adverse effects on human —
beings, either directly or indirectly?
III. DE• f-.RMINATIUN (To be completed by the Lead Agemcy)
Un the basis of this initial evaluation:
— I/W!i find the proposed project COULD NOT hwve' a significant effect
on the environment , and a NEGATIVE DECI.AI(ATION will be prepared.
4 I/Wf: find that although the proposed project could have a signifi-
cant effect on the environment , there will, not be a significant
effect in this case because the lIT ICATION MEASURES described on
the attached sheet have been added to the project. A NEGATIVE
DECLARATION will he prepared.
— I/WE find the proposed project MAY have a significant effect on
the environment, anti an ENVIRONMENTAL IMPPCT REPORT is required.
DATE: sTiltlar _l.� C(tllN'l-Y OF Bt:TTIi,.PL,`,'"%NING,;DEPARTMEN'i
C : aF
Laur . Tuttle, ssociate Planner
Itc t icwed hy: w�►•
i
I
Ask
I V. ENVIRONMENTAL I hTI'ACTS
-Cc—x_p1 anations o aTT "yes" and "maybe" answers are required
on attached.sheet(s))
:.• ,t,;;YES. MAYBE. NO
1. EARTH.* Will the proposal result in significant:
—a.--,,Unstable earth conditions or in changes in
geologic substructures? y x
b: 'I Disruptions, displacements, compaction or' . overcovering of the soil?
c. Change in topography or ground surface
relief features?
d. Destruction, covering or modification of any
unique geologic or physical features?
e. Increase in wind or water erosion of soils, x
either on or off-site?
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 the ocean or
any bay, inlet or lake?
g. Loss of prime agriculturally productive soils
outside designated urban areas? C.
h. Exposure of people or p.operty to geologic
hazards such as earthquakes, landslides, mud-
slides.. ground failure or similar hazards?
2. AIR. Will the proposal result in substantial:
a— Air emissions or deterioration of amoient
air quality? X
b. The creation of objectionable odors, smoke
or fumes? X
c. Alteration of air movement, moisture, or —
—
temperature, or any change in climate,
locally or regionally? �(
3. WATER. Will the proposal result in substantial:
a. Changes in currents, or the course or
direction of water movements in eith=r
marine or fresh waters? x
b. Changes in absorption rates, drainage patterns,
or the rate and amount of surface runoff?
c. Need for off-site surface drainage improve-
ments, including vegetation removal, channel-
ization or culvert installation? X
d. Alterations to the course or flow of flood
waters?
e. Change in the amount of surface water in any
water body?
f. Discharge into surface waters, or in. any
alteration of surface water quality, including
but not limited to temperature, dissolved
ozygen or turbidity? _
g. Alteration of the direction or rate of flow _
of ground waters?
h. Change in the quantity of ground waters,
either through direct additions or with-
drawals, or through interception of an
aquifer by cuts. or. excavations? ;;:a;
Reduction -in the amount.,of; water; otherwise•:-,uc.,',)
available for public water supplies?
j. Exposure of people or property to water
related hazards such as flooding? �(
-2-
YUS MAYBE Nig
q, PLANT-LIFE. Will the .proposal.result ,inisubstantial:
a. ange in the ,diversity" of:species, or number.
'ofany species of.;plants (including trees,- .
shrubs, grass, •crops, and .aquatic plants)? �(
gib. Reduction of the numbers of any unique, rare
or endangered species of plants?
c. ,Introduction of,new •species ,of .plants into an
area, or in a barrier to the normal replenish-
ment of existing species?.
d. Reduction in acreage of any agricultural crop?
S. ANIMAL LIFE. Will the proposal result in. substantial:
a. C ange in the diversity of species, or numbers
of any species of animals (birds, land animals
including reptiles, fish and shell fish,
benthic organisms or insects)? �y
b. Reduction in the numbers of any unique, rare
or endangered species of animals?
c. Introduction of new species of animals into
an area, or result in a •barrier to the migration
or movement of animals? �<
d. ,Deterioration to existing -fish or wildlife. (�'
habitat? _✓
6. NOISE. Will the proposal result in substantial:
a.T•ncreases in existing noise levels? �!
b. Exposure of people to severe noise levels?
7. LIGHT AND GLARE. Will the proposal produce
significant light and glare? 'L
8. LAND USE. Will the proposal result in a
su stantial alteration of the present or planned
land use of an area?
9. NATURAL RESOURCES: Will the proposal result in
substantial:
a. Increase in the rate of use of any natural
resources?
b. Depletion of any non-renewable natural
resources? _
10. RISK OF UPSET. Will the proposal involve:
a.A risk of explosion or the release of hazard-
ous substances (including, but not limited to,
oil, pesticides, chemicals or radiation) in the
event of an accident or upset conditions?
b. Possible interference with an emergency _
response plan or emergency evacuation plan?
11. POPULATION. Will the proposal alter the location,
ista' r�iion, density, or growth rate of the human
.population? _
12. HOUSING. Will the proposal affect existing housing; ..
or create. a demand for additional housing? .
I r.:!r.r
-.i-
—�..n,rpo-imnsv..�'4C'� 17W[vw9n+a�afsnr+wwv.++iwm'a�nn1^rw..Te^^i' .. .raloogwewnonmr ^
® YES MAYBE NO
13.•: TRANSPORTATION/CIRCULATION. Will .theproppsal,',;;
result in:
Generation of substantial additional vehicle
movement? (�
b. Effects on existing parking facilities, or
demand for new parking?
c. Substantial impact on existing transportation
systems? �(
d. Significant alterations to present patterns —
of circulation or movement of people and/or
goods?
e. Alterations to waterborne, rail or air traffic?
f. Increase in traffic hazards to motor vehicles,
bicyclists or pedestrians?
14. PUBLIC SERVICES. . Will the proposal have an effect
upon, or resu t in a need for new or altered
governmental services:
a. Fire protection? �(
b. Police protection?
c. Schools?
d. Parks or other recreational facilities?
e. 'Maintenance of public facilities, including
roads?
f. Other governmental services?
1S. ENERGY. Will the proposal result in:
a—Use of substantial amounts of fuel .or energy?
b. Substantial increase in demand upon existing —'
sources of energy, or require the development
of new sources of energy?
16. UTILITIES. Will the propsal result in a need for
new systems, or substantial alterations to the
following:
a. Power. or natural gas?
b. • Communications systems? X
c. Water availability:
d. Sewer or septic tank? — _j
e. Storm water drainage?
f. Solid waste and disposal?
17. HUMAN HEALTH. Will the proposal result in:
a. CreatioF of any health hazard or potential
health hazard (excluding mental health)?
b. Exposure of people to potential health
hazards? X
18. AESTHETICS. Will 'the proposal result in .he
0o st�ruction'of any- scenic vi.sta:'or view open to
the public, or will the proposal�result•in •the
creation of-an aesthetically offensive sire open
to, public view? J(
j I
YES MAYBE No
19 r'':'',RF.CREATION. Will the, proposal .result in an impact.,
uponTe :quality.:or quantity''of existingrecreational
opportuni'ties7 _
20 .CULTURAL'::RESOURCES t"�� " O TG:Ja 7 r i r.'tii bi,l�
rT1 it the ms'proposalViesulV"Ifi the'glteration�
Y*R�oftoi^ the+-destruction :of`a4pi6histiiric'orU
J S '�'-�=-�histoiic archaeological=site?' ' ' x
b. - Will the proposal result in adverse physical
bi:*iisthetic,effects to a prehistoric or
historic.buil'ding; structbre!or object? _ _ J
c: Does`the' proposal hive''thelpotential to -cause
a�physical=change which would affect innique
- `%!'%'<"ethnic-cultural values?!"' •�• - ' ,�,
d. Will the proposal restrict existing religious
or!sacred!uses ;within:the potential impact :
area?.
V. DISCUSSION_OF ENVIRONMENTAL EVALUATION AP 40-02-87 & 1'1=05-69'
See 'attached.
� .. ,, .11.jY;•�:il, .IFi :ir :�i:'I .:USj: hG'VYr.;,b• � � .
-5•
0 O'
t
pISCUSSION OF ENVIRONMENTAL EVALUATION AP 40-02-87 and 11-05-69.''.
pro lect Description
Rezonu.to M-2 on 43 acres to permit a 50,000-square-foot industrial ,'
complex. Caribou Mountaineering will locate on site. Caribou
manufactures sleeping bags, backpacks, totes, luggage and related
accessories. Production Inputs are shipped from back East and
assembled here In Chico. Although goods are shipped nationwide, most
sales are made back East. Caribou is now located in Chico, employing
150 people. Caribou is a sewing operation. Thev have no smokestacks,
no heavy metal wastewater, no toxic wastes. Caribou Is quiet.
Outdoor activity is limited to employee and truck traffic., and
employee recreation at lunch. The complex does not Include retail
sales.
lbs Construction of the complex will overcover a minimum of 6.2
acres. Soil disruption will be somewhat higher. Construction Hill.*1.
not entail extensive cut and fill . Terrain Is level . No mitigation .
necessary.
tct Grading will be required to facilitate stormwater drainage''.
101 The land will be converted from agricultural to Industrial use.
Impacts resulting from conversion were addressed In the Chico area - ,
EIR, 1982.
3b,c06et Almost no surface water runoff Is generated by the field'. '
With development, surface water runoff from roads, parking areas;
and
rooftops will greatly increase. A drainage plan is now being prepared
by a local engineering firm. Off-site improvements may be required if
downstream channels are at capacity.
3d,J: The flood control channel (Little Chico Creek ) is deslgnated' a
'Lone A floodway on the federal flood maps. Nearly half of the parking
area and roadways are within the floodway. This problem can be ;
resolved three wayst
• Move complex 300 feet northeast;
• Construct a levee on both sides of the channel , ,Joining with the
levee Immediately south; or
I
• Provide engineering analysis which proves federal flood map is
Incorrect. it
aft Petroleum products leaked by cars will be deposited in area.' ' t
creeks with the first major !storm of the season..
Caribou does not generate industrial wastewater or store toxlc'.:,
chemicals. No mitigation required. i
•.•w.wr.✓u✓.w wn r..r u...`r..—.wr.r.r. �. _ -✓� w.•w`r.Y✓✓... Y--�YWY'1u.Y........rte •./...
3t11 Water is not used In the manufacturing process. Water Is only
used For landscaping, employee restrooms and lounge. . One well on sit@
should,•provlde sufficlent water for all needs. The well -shall be,.
installed under permit- and inspection by the Butte County Health'
Deps+rt:ment.'• `.All water shall meet the California Clean Water Act
standatrds.
4b.c.5dt Comanche Creek supports a band of riparian vegetation whIgh
widens at the southwest property corner. A 60-foot setback from the
creek has been proposed. Riparian vegetation should be preserved to
aid in bank stability, provide shade and Improve aesthetics. Riparlatl
habitat also provides food and cover for numerous birds. Proximity of
Butte Creek Rock has compromised the overall wildlife value of
Comanche Creek.
71 Caribou is a daytime operation with limited nighttime lights.
Ot The land was previously designated Industrial by the 1982 Chico
Area Land Use Plan. Lands immediately south are industrial .
industrial development NI11 not be out of character with surrounding
uses.
The site is now designated Agricultural-Residential. A General
Plan Amendment to Industrlal .is pending. In the event this GPA is
denied, a dental on the Rezone will be recommended.
t2t Caribou should result in no negative Impacts to surrounding '
housing. It's quiet and has no discharge to air or water.
13a.b: Caribou now employs 150 persons, with plans for expansion to
200. Trip generation rates for small freestanding manufacturing are
2.71 trips per employee.
Traffic generation is 150 x 2.71 - 407
200 x 2.71 - 542
Traffic occurs at non-peak hours which minimizes impact.
Caribou runs one shift, 7130 a.m.-3:30 p.rm. Summertime hours =
are 6100 a.m.-2:30 p.m.
Butte County Code Section 24-35 requires that a minimum of 70,
parking spaces be provided. One space to be sized for handicapped ..
persons. One loading dock shall be Installed.
Skyway Is a limited access major thoroughfare. Encroachments`
are reviewed very carefully for safety considerations. Public Works
has indicated that the proposed driveway location is unacceptable.'
Two alternatives have been proposedt (1 ) use of the Mathews Ready Mix
Road; or (2) locating the access across from Honey Run (Centerville)
Road.
Alternative (1 ) entails a bridge over Comanche Creek and ,•r
possibly widening and resurfacing of Mathews' road. Alternative (2)*.J
would Increase the access road's length by 50 feet.
14at Fire protection needs vary with constructicn materials and
methods. For example, an all-steel building or concrete tilt-up with:;`
steel truss probably will not require interior sprinklers. A concrete'.'
tilt-up with wood truss, or steel shell with wooc frame walls may
require sprinklers. Sprinklers need pressurized water, whether from a,
community line or tank on site.
;;,.;: , ': ''w•s,'
A7N.
-7-
Mltigat ton recommended: f r
t . Bui1dinp to be entirely conatrueted of :nonflanmabls..materIaIal
r r t•:
+vp 7 :i �, � �,� �dt4 d.41. � Y .� 1 ;- ,�� �t:.'t`��'t.i� •t +,`f's?�;•4,�.
2. InstalIl:tan;Interior.4pr ntiler''ayatem 'fed by=a':pressuriied tank..p%j,'
sI eywhlch 'meeta,CDF.,'specl`ftcatlonsi ,or';
3. Install?.ari interior'.sprinkaer; aystem:�fed•by' a Callfornla•Water . {_
I tn®v:,and' Instal I.'a::hydrant.' .:`.•
14bt Securlty .fencing should be Installed to minlmlze unauthorized :'
entry. _
16dt . Sewage disposal must comply with the Nitrate Action Plan, 1000.
gallons/ac./day.
r✓y.,µ i,._ 4 �,. _ � ^j• # At n F•t y5 y ,r.
V
` RECOMMENDED MITIGATION:MEASURES
t . Orainege"plan to'•be submitted 'to Department of Pub IIc Works for•. `'
approval:.: PIan 'to',IncIude proof of downstream•.channel•` capacltyr':
! 2. - Relocate.complex outside of floodwayl or construct so alon' g' ..
flood control channel from Skyway south to existing Ieviel--or.;,`Y.';
submit .englneering data proving complex Is outslde •of ,floodway:''
3. Preserve all riparian vegetation along Comanche Creek and the . '
i flood control channel .
4. Maintain a 50-foot development setback from all waterways and
I stands of riparian vegetation.
5. Enter Into agreement with Mathews Ready Mix to share- ex"'
j access onto Skyway. Bring road (or that portion used)I•;apron":and.
1 left-turn lane up to full County. standards.
6. Install bridge over Comanche Creek. Obtain streambed alteration :*
agreement from Department of Fish and Game.
7. Building to be constructed of nonflammable materialsso that
i� Uniform Building Code does not require sprinklers.
f B. Comply with Nitrate Action Plan.
e
f
{
I
i -
1
-9-
Applicants Richard Peters Assessor's Parcel`..N.,,;,
40-02-87,'-and-.1 1-05-�6§"�:,
Log N 85-12-24-02-
DATA SHEET
A. Pro_lect Description
1. Type of Projects Rezone.
2. 9rlef Descriptions Rezone to M-2 on 43 acres.
3. Locations South and west of the Skyway near its Intersection
with Honey Run Road, and east of U.S. Plant Introduction
Garden, southeast Chico.
4. Proposed Density of Developments 50,000-square-foot complex.
S. Amount of Impervious Surfacing$ 6.2 acres •/-.
6. Access and Nearest Public Road(s)s . Access from Skyway.
7. Method of Sewage Disposals. Septic system proposed.
8. Source of Water Supplys.. Well proposed.
9. Proximity of Power Lines$ Along.Skyway. '
10. Potential for further land divisions and developments
Expansion of Caribou would be possible.
8. Environmental Settlnn
Physical Environments
1. Terrain
a. General Topographic Characters Leval valley land.
b. Slopes: 0-39.
c. Elevation: 230-255%
d. Limiting Factorss None.
2. Solis
a. Types and Characterlsticss North of Edgar Slough: Tuscan
Stony Loam. South: Vina Loam. Development will be In
Vina Loam area, .a deep, well-draining soil.
b. Limiting Factors: Moderato liquefaction potential ;
potential subsidence area.
3. Natural Hazards of the Land
a. Earthquake Zones Moderate.
b. Erosion Potentials None.
c. Landslide Potential: None.
d. Fire Hazards Unclasslfled/Moderate.
e. Expansive Soil Potentials Moderate.
4. Hydrology
a. Surface Waters Flood channel borders on the west; :
Comanche creek borders on the south; Edgar Slough'crosses
to the north..
b. Groundwater: Historically available.
c. Drainage Characteristics: Drains southwest into Comanche
Creek.
d. Annual Rainfall (normal ): 26".
T'
e. Limiting Factors: Flood hazard along Hest boundary.
5: .Visual/Scenic Quality: Vie" of plant garden, creeks- -.;',..,.;
6. ..'A.Acoustic Quality: Fair.
7.."%:`Air 0ualltys Fair.
BiolonI&I Envlronments
S. Vsoetatlon: Grassland With oaks along waterways, some"'
'
riparian along Comanche Creek.
9. Wildlife Habitats Disturbed habitat, limited wildlife value,'
Cultural Environments
10. Archaeological and Historical Resources In the areas low and
unknown. 1
11. Butte County General Plan designations
Agrlcultural-Residential . General Plan Amendment to
Industrial has been initiated by P:annin•a Commission.
12. Existing Zonings "0...
13. Existlra Land Use on-sites Ag building, silos; 2 billboards..
14. Surrounding Areas
a. Land Usess North: grazing land, resldent,al . East:'
Skyway, rural residential . Souths Butte Creek Rock9
Jessup Door. Wests U.S. Plant Intr3duction Garden.
b. Zonings "U"9 M-2, FR-1609 FR-Z.
c. Gen. Plan designations: Public, Indistrlal ,
Agricultural-Residential .
d. Parcel Slzess 40 to 150 acres.
e. Populations Sparse, growing to nortnWest.
15. Character of Site and Area: Fringe ur' industrial area.
1F. Nearest Urban Areas Chico, adjacent to northriest. !
17. Relevant Spheres of Influences Chico (see Item 8)9. Butte II
County Mosqulto.Abatement. t
! 18. Improvements Standards Urban Areas Improvements will be
required: drainage, roadway, left-turn pocket.
19. Fire Protection Services
j a. Nearest County (State) Fire Stations 0449 2-1/2 miles
West.
b. Water Availability: Engine capacity.
20. Schools to Areas N/A.
-11-
14
FILE NO.1 86-25
BUTTE COUNTY PLANNING COMMISSION
STAFF FINDINGS -, April 9, A986
APPLICANTS Richard Peters
OWNERS Same
REQUESTS Rezone from U to M-2
AP NO-1 40-02-67 and 11-05-69
SIZES 39 •/- acres '
LOCATIONS West side of The Skyway opposite Its *
Intersection with Humbug Road
EXISTING ZONINGt U
ZONING IIISTORYS Zoned U Sept. 17, 1985, Ord. No. 2488 E
SURROUNDING ZONINGS U, M-2, FR-5, FR-160, M-1 , City of Chico
SURROUNDING LAND USE' N1 Grazing land, residential . Et '
Skyway, rural residential .' St Butte
Creek Rock, Jessup Door. Wt U.S.' Plant
Introduction Garden.
SIIE IfISIORYt Site designated Industrial by 1982 Land
Use Plan. Redesignated
Agricultural-kesidentlal at Chico's
request. Subject of a Planning
Commission-initiated General Plan
Amendment to Industrial :.
GENERAL PLAN DESIGNATIONS Industrial approved 3/18/86 as part of
the Chico Area Consistency Project.
APPLICABLE REGULATIONSt Butte County Code Sections 24-26, -27,
Cg�nenta Recalvedt '
Public Workss See attached memo.
CLty gf Chlcot "No comment."
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F. COUNTY PL,4NN IS COMMISSION
}
51AFF FINDINGS - April 99 1986 Pope 2
The project Is a rezone to M-2 on 43 acres. Caribou Mountalnieri'ng will
locate on site in a new 50.000-square-Foot complex. Caribou Is:a sawlnH
operation, manufacturing sleeping bags, backpacks and sccessorles.-,:.
Two primary areas of concern were identified in the initial studyl '•
access onto Skyway and proximity to the flood plain. :
The Director of Public Works has approved an access approximately 100
feet north of where shown on the tentative site plan. Access Includes
a left-turn pocket on Skyway, right-turn lane at road approach,
accelerating and decelerating lanes, public read approach and
encroachment permit. Specific road standards will be at the discretion
of Public Works.
Three waterways affect the sltes Edgar Slough, Comanche Creek• and the
flood control channel . The flood control channel Is a mapped"Zone�.A
floodway. The floodway covers a portion of the parking lot. '.Pursuant
to information submitted by the Department of Public Works, a parking
lot can be constructed in a floodway in compliance with Butte County
ordinances.
Drainage will be directed towards Crouch Ditch (Edgar Slough) and
Comanche Creek. Phis section of Crouch Ditch Is directed Into Edgar
Slough west of Highway 99 (per Stuart Edell of Department of Public
Works).
Copies of the Initial Study have been circulated through the State .,
Clearinghouse. CalTrans Indicated that "the cumulative Impacta'.from
this and other developments along The Skyway ►:ill someday require •
construction of the westbound to southbound loop at the interchange"
(Highway 99). They further recommend the County establish a means !to
collect fair share mitigation fees.
Fees can be collected through a benefit assessment district, or on.,a
"pro rate basis" as properties develop. Any system of fee collection
must Involve Chico, since most of the Industrial area Is Incorporated.
Transportation fees would require adoption of an ordinance by the Board
of Supervisors.
The Initial study focused on Caribou's operation and Its potential .'
Impact. Additional development on the remaining 28 •/- acres has:not
been addressed. Because of this, limiting the rezone to the complex'
(building, parking and access) Is recommended. Remaining landa•would he
zoned "U". An environmental review of further development (w'hether• .'by
map or Use Permit) is assured. Without a development agreement-;..
Is no other method to ensure County review of subsequent development;.
Rsts=Qt�lffisLat i ons t .��•
A. Find that the requirements of, CEGA'have been completed and• :c'(:<.�i .
considered and recommend -that the Board of Supervlsora;edopt.�,;�,•.
Mitigated Negative De:laration regardinq environmental Impactl,`and
.Y .Ww..r.w:...w.w...w..w.....u.....................ww.w.oxo .. ..
BUTTE COUNTY PLANNIRG COMMISSION
STAFF.:FINDINGS + April 9, 1986 Faye 3
:f.ind"that. th}a- proposed rezone complies with Butte"Count 'Cod "']""
Sect1ons'24-26 and -27 and the General Plan Des1gnatIon1:"and';;;,`<<_'.:'
C..: Recommend that the Board of Supervisors adopt a rezoning to,,M=,Q'bn
:%AP;40-02-87 (ptn) as shown on Exhibit A (Richard Peters)i
D. Recommend that the Board of Supervisors adopt a resolution approving
the agreement (Peters). Mitigation measures (M) and condltlons:'.are
as followst
1. Prior to issuance of building permitst Drainage plan to be "
submitted to Department of Public Works for approval. Plan to
Include proof of downstream capacity. (M)
2. Prior to issuance of Building Permits, Meet the requirements
of Department of Public Works lncludlngt
a. Obtain an encroachment permit for access onto Skyway.':;";
id4Wi '
a
BUTTE COUN PLANNING COMMISSION
STAFF FINDINGS - April 9, .1986 P;+tpe 4
` c. Install. hydrant Nlthln 300. felt`of°bul ldings'.'.
10 Set finished floor elevation 2' above 'present Bound 1eve1 . ,' (M>
• .•:rte �
11 . Preseve all riparian vegetation along Comanche Creek and 'the
flood control channel . (M)'
12. Maintain a 50-foot development setback from all waterway8 .and
stands of riparian vegetation. (M)
13. Retali sales are not permitted on site without modification' of
this conditional rezone. g
• c
R
14. Applicant must also Comply with all other applicable State and
local statutes, ordinances and regulations.
If the Planning Commission feels the entire area should be rezoned ;:tlien
the'Inittal Study sKduld be revised to address industrial bevel60mi(1t_.0n
the entire piece. If the Planning Commission determines that •the',:i- "•.
Initial Study is adequate, specific findings to that effect should_6e
Included 1 n the motion of approval .
The motion to approve a rezone to M-2 on the entire area is as. fol`lows= t
A. Find that the requirements of CEOA have been completed and •/•'i..
considered and recommend that the Board of Supervisos adopt'a%� I%.
Mitigated r
ted Negative Declaration regarding environmental impacti� and
B. Find that this proposed rezone complies with Butte County 'Code `
Sections 24-26, and -27 and the General Plan deslgnatloni_:.and
C. Recommend that the Board of Supervisors adopt a rezoning to,Mf=2 on
AP 40-02-87 and AP 11-05-691 andl and
D. Recommend that the Board of Supervisors adopt a resolutlon•approving
the agreement (Peters). Mitigation measures (M) and conditions are
as listed on the preceding motion.
LMT/ss
Attachments to Commission and Cities$
Location Exhibit
Site Plan
Initial Study
CDF letter
Ed Anderson's letter
CalTrans letter
Department of Public Works memo f
t
••+^"'-Mihl `�••rr.r.w...w..w.rw.r.ro+�wrrr,+rrru YY
Inter Departmenfai Memorandum =
J T
t r" �. , t !�^, 4•,t '' r rs` �4nt it'd'-vl n$
TOt Zt5�5;,•
h ,,•.Board OF Supervisors
Planning; Staff
SUl1[CTt --
;ADDENDUM TO INITIAL STUDY, RICHARD PETERS REZONEILE N0' 86=25
June 10; , 1986
:In the event that Caribou Mountaineering does not' •aeed thea_ `.`-Y=
entire 43-acre parcel, the following assumptions are made:- --
*.Manufacturing complex will be constructed as'shown;onrtttie';5,'
"site study scheme" prepared by Rolls,•:Anderson'&' Rolls'n`"�:•:
occupying 24.32 acres ' -`
(more than 5 acres is occupied?by.:x,r„=
the flood channel and creek). ,art
* Land outside of the complex, landscaping and access willvy
be parceled into three lots of 3.4, 3.8 and 11.48 acres '-; ;
each.
* The three lots will be fully developed under the M-1
zoning regulations.
It Potential traffic, water, sewage, drainage, air quality r;c `
and wildlife impacts are as follows:
--.Traffic
,rr
-t-When the future number of employees is not known,: traffic.;.'.
:��'=:estimates can be made off of acreage. Small free-standin
manufacturing -i
generates 27.3 trips per acre. :;.
18.68 x 27.3 = 510 A.D.T.
Traffic volumes at Skyway/Humbug
are 12,850, increasinq.ao:�.�„;
14,250 at Bruce (1985).
Worst case is 1052 A.D.T. Full buildout of• the'site
increase traffic volumes on the Skyway by 6.8 to 7.5$:.--Sky=°
way is a 4-lane arterial with an estimated capacity-of-38,400'-
(Circulation Element, Figure 4A). Capacity is availableffor,::�'
'' full development of the site.
Access onto Skyway-will be controlled through`.encroachment':I-4�s;
permits. One access has been approved by the Department:-of4:-- 7c•'-
,;'Public Works. e.,Suggested additional'- conditions of zoning_a�4�;�t
15. ..Abando'n two existir. `,> ` , «:d�=•c� (r y�r'
g access points serving farm buildings '
and tare shop.. • t
•; f}+j''.r r t .. s Yi"••••' .... C-_ )n t;v'1 r lj } is
xun
;L - / 'T rl f, - ;11,". V ��X-������ � 4 l �/t� 'S�y 1{^y •J}11 ✓ •'F'f
i
Addendum to Ial Study
Richard Peters ezone, File 86-25
' June 10, 1986 _. .<'• ;
;r. Page .2.
16. Prior to Certificate of Occupancy'; deed and 'record
foot no-access strip along Skyway frontage, breaking'for.,;
the access approved by the Department of Public:Worksr`t;'.,
An unknown percentage of the traffic would utilize'the Skyway%
Highway 99 interchange. CalTrans has commented that •thisiand
other developments.along the Skyway will some day require•;con
struction of the westbound-to-southbound loop at th,-a.intersec
tion. They suggest the County establish a means to collect""!,*.,,,
fair share mitigation fees. Fees can be collected one'of?two
ways: contribution of pro-rata share, or benefit assessment':
district. Any funding mechanism must apply equally to..City`:
and County properties.
Water f•' :,
.Water demands for industrial uses varym
greatly with=they-nuber
of employees, landscaping,- and type of manufacturing:''•�'Opera=,;',.
tions which require water in the production process will
consume the greatest amount. "• e
Groundwater has never been a constraint in the area.• Individual
wells can supply the lots. Condition 9b of the staff .report ;
requires California Water. If Cal Water is a requirement '"the
line from Dominic/Skyway will be extended. Butte County:'�engi-
neers estimate that extending the line will cost $50,000to '
$75,000 depending on replacement costs, access over the flood
channel, etc.
A 6" line is needed to serve fire hydrants.
Sewage
Sewage generation, as with water demands, is dependent'on 'the•
number of employees and type of business. For example;,,ware
housing generates very little sewage. A labor-intensive'manu-
facturing process would generate considerably more. ....
The Department of Environmental Health estimates each employee
generates 15 gallons per day. The estimate is 20 gallons per
day if cafeteria service is provided. Under the Nitrate. Action
Plan limit of 1,000 gallons per acre per day, an employee�'� ?.";.
.density of 50 per acre is possible. Density is reduced wherel;
soils are poor or shallow. >:, ',=•'ri'
Any.manufacturing operation will be required to obtain` a..sewage
disposal permit from Regional Water Quality Control ;(see"staff
report, item 3b)
Addendum to InAM al Study
Richard Peters ezone, File 86-25
June 6, 1986
1 Page 3 y,•. 4 P
Chico's Sphere of Influence borders this property on two-'sides'.
An amendment to the Sphere is required to extend City sewer .
:service. ' The City is willing to consider the Sphore of .Influ-
ence change when proper applications are made. Condition 8',i
requires applicant to apply for and diligently pursue an amend-
ment to Chico's Sphere of Influence for purposes of securing'...
sewer service.
4.
Existing State and local health standards adequately control;'
sewage-related impacts.
Drainage
Drainage of the property would not be substantially modified':;;;
if three lots were sold off and developed in addition to Cari'=;:
bou's complex. The property currently drains to Crouch Ditch;:
(across the north part) and Comanche Creek (south property�li; y
line). Both drainages dump into the flood control channel:-.:`_,;..
The tributary area of these drainages is 2400 acres. Assuming`.
full development of the site increases runoff by a factor of 4,
runoff is estimated at 4 cfs. Four cfs equals .4% of the total
volume during a 100-year storm.
when considering drainage impacts, two facts must be kept ino',::
mind. First, full drainage plans must be submitted to, the',."::"''.:'..
Department of Public Works. Drainage is accommodated so that:
neighbors are not impacted and no hazardous conditions result.'',-
second,
esult:':Second, drainage is conveyed by the flood channel. It.has
adequate capacity. The channel bypasses residential areas and.':
dumps back into Butte Creek south of town.
Air Quality
Any use which has the potential to generate offensive odor,• .: .1'
smoke or dust requires a Use Permit. The Use Permit process,,-,-:i,-::,
provides the County with an opportunity to condition
uses. The Air Pollution Control District is notified when
large industrial building permits are requested.
The greatest air quality impact which would result from fulL,�o°
or partial development of the site will come from automobiles:?; `.
Vehicle emissions may increase 6.8 to 7.5%. Concerns'about: zj•';,
point sources of air pollution can be addressed through'the"''`
addition of the following condition:
C
3.d Prior to issuance of building permit, consult Air Pollution.
Control District and obtain an authority to construct when':,'. {
necessary.
„'+aa Addendum,to Study,
Richard Peters Rezone, File 86 25 •'
,. ;µi
A.- June.6,-;,1986 r},Sjt ,, '^,r -. ,i -F.�,'S, :pti, r� rt 'lS t':Y IC•y'!4i '
FF
Y �.YJ• � 1. ,r -n� i;y 1� r ,Ll!' }� M'a�` .1 mut } �, i t`.f' eY �` ,�r}�f�y1�•}.,..r,
.'.Wildlife/Endangered Species ', ' ` ��, '
s .Comanche•Creek 'supports iiparian.vegetation at'tho`eouth prop-
; . erty line."'•,�Vegetation.will be 'protected through Conditions-.11
and 12. Rare and Endangered plant species are located•i to l .'
mile west.- The plant site does not affect theso habitats
through direct disruption or drainage.
The project description and initial study were circulated
through the'State Clearinghouse. ; No Sta=e agency, Fish
Game, Conservation and.Reclamation included, expressed a
concern over wildlife- or vegetation.
According to the'maps provided'.to'us by Fish 6 Game;, no Rare';'',,
or Endangered species are located onsite.
Immediately s'outh•6f'+the.property and`generally:,to`t' e';wes"are
existing industrial uses: Jessup Door, Matthews Ready
( Butte Creek Rock, etc. These uses and the City's industrial:''.-,
park have reduced the suitability_.of properties west of..',the;<t;` ;
Skyway for wildlife uses. ;"",`,•::.- i
Cumulative Impacts
This site, all 43 acres, was designated fndustrial.by.thet.Chico'•
Area Land Use Plan of 1982.,. An EIR was 'prepared on the,plan;�i;,.
{ certified and.adopted by the Board of Supervisors. "'Cumulative>; ,
impacts are addressed under Sections 5, E, 11, 15, 17, 18 and.``,
The area-wide EIR,.when coupled with site-specific mitigations ',,'
.and adopted County ordinances, adequately mitigates-all poten7,"*,.
tial impacts.
{ To mitigate concern over development,of the remaining 18.6+ °:- ,,
acres in an M-1 zone, a number of actions could be taken: .."" N
1. Rezone plant site, landscaping and_.aocess_to M-1.—"-Remainder
could be zoned .L-I-which-would limit industrial uses and
prohibit commercial uses; or
Enter into a Development-Agreement• on a specific development;,.
plan prior to approving„the,M-1; zone. The Development-Agree=
ment' wouldrequire an application to the Commission
public hearings before .both,the Commission and Board'of
Supervisors.
LMT:BAK/sjS
�r�•iter p,�
.� - ......•.....�..._..,...._........_W..,.....w..+...,r.lrr IerYMYYIl1f►"iYIiAWYI �'". —.
HICHAIID.C.Prnits. O.D.
?.w•--
• ••�: • •- q{C.IIRfT AV lNUC,fVlf[t
.•` i_= C"ICC.CALIF01141A 95926 �• .:.. ~,.••":'•1?�iKt(:�•Y7'S'!1H:.•..,
.}s };'_•. TCL!►MON[IFI{I 743•1911 :•�;nq^;,.:+•.{�ir.�).::., .
September 10. 1985' 3�
Chairman
Butte County Plenning.Commission
7 County Center Drive
Oroville, Ca: 95965
- As 6 result of efforts to resolve discrepancies between the ','•_•• ::':.,_..,,,,..,-„-•'
• General Plan of Butte County and the General Plan of. Chien, -
two.parcele of property A.P. #040-0Y-0-087-0 and #046-0-069.0,.
a total of approximately 39 scree• were recently changed on '•
j the Butte County General Plan from industrial to agriculture
i residential In order to conform to the designation under the
City of Chico General Plan and its "sphere of.influence.'
' t
Way the owners, at the suggestion of the Butts County Planning
office, then proceeded to request a change in designation Ln the";-: :':•
-Chico General Plan from the Chico Planning Commission., Thii:'':.= i
commission recommended a change for this property from egrl�
culture-residential to industrial to the Chico-City-Council
The Chico City Council voted to attire this change to indust- '
1 rial in their General Plan at their.council meeting of Sept-: ,
ember 3, 1985.
It Is hereby requested that the Butte County Planning Commission '
change the General Plan designation of the obe-va mentioned land.:
parcels back to their original designation of.tndustrial. It
ie further requested that thews two parcels be rezoned from
A-2 to M•1 to coincide with the General Plan of Butte County. {
i Some supporting information regarding this matter is as follows[
The property is bounded on the north andd east by
the Skyway, and on the south by Vathewe Ready-Mnxf
Butts Creek Rock Co., and Jessup Door Co,
The quality of the land is not suitable for agri-
culture or residential use with at least one third ;'
i of t being ” "
i q leve cap. An on-site invsntigetion �:�- '•a }
will substantiate this. {Y:?:'_}•,
l
Inter-Departmental Memorandum
:TOt Butte County Board of Supervisors
FROMt Planning Director
SUBJECT: Peters' Rezone (Caribou). File No. 87-21
DATEt December 1, 1987 tt
f
Your Board initiated a rezone and development agreement for Richard
Peters (Caribou) on December 2. 1986. The Planning Coftnission on
February 11 and March 11, 1987 held public hearings and recommended
that the rezone be approved and that the Board enter into a development
agreement to mitigate any potential environmental impacts.
Your Board approved the rezone on May- 19, 1987. contingent upon;;the',
development agreement being a part of the rezone approval. 'As of the:: ; "
date of this memo the development agreement has not been properly
signed and returned to the Clerk of the Board, therefore, the zoning ' '
ordinance has never been published and is not in ef..,.;t.
The permit streamlining act requires that within one year of an
application being complete a decision must be made. The application's
was signed on December 31. 1986 and was completed on January 7,•;:1987`'•
when the environmental determination, a Negative Declaration 'with
mitigations, was forwarded to the Clearinghouse. The Board did'inake &-:.
decision on the project within the required timelines," but staff; '
recommends that in order to eliminate any confusion regarding the-
status of the subject project that the Board notify Mr. Peters of their
intent to rescind the approval on January 5. 1988 due to the failure of .
the property owners to sign the Development Agreement.
BAK:lr
cct . Richard Peters
Jeff Farrar
a raa s-
TOTAL oPUBLIC zo N-. -T-E- APPLICANT RECEIVED FROM
DATE RECEIPT Pue"Cj LAFCO E �A.IA.CES D CUMEN S N!..
No PEU�
ECEIVED WORK R I, T EALT
RECEIPT 13830
OFFICIAL RECEIPT
COUNTY OF BUTTE
STATE OF CALIFORNIA
OFFICE OF PLANNING
ISSUED BY
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