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HomeMy WebLinkAboutBOARD OF SUPERVISORSING COMMISSION SUMMARY 0 APPLICANT Board of Superviosrs Log #83-09-27-01 84-13 I ADDRESS 25 County Center Drive; Oroville, CA 95965 OWNER Various PROJECT DESCRIPTION Amendment to the Zoning Ordinance to allow for Conditional Zoni N PROPERTY ZONED LOCATED 'County Wide ASSESSOR'SIPARCEL NUMBER(S) IDENTIFIED AS AP GEN. PLAN PROJECT CONSISTENT? CITYL DATE APPLICATION RECEIVED 9/27/83 DATE REZONING PETITION SIGNATURES CHECKED PERCENTAGE $ DATE LEGAL DESCRIPTION PREPARED OR CHECKED: DATE PUBLICATION NOTICE WRITTEN---.—,,,. -� PUBLISHED DATE DISPLAY AD PREPARED PUBLISHED PLACE NEWSPAPER NOTICES) PUBLISHED DATE MAILING LIST PREPARED DATE MAIL -OUT NOTICES WRITTEN MAILED • NUMBER ENVIRONMENTAL CATEGORICAL EXEMPTION - DATE FILED DETERMINATION AND DATE _ NEGATIVE DECLARATION - DATE ADOPTED I ENV. IMPACT REPORT - DATE CERTIFIED OTHER COMMISSION HEARING DATES COMMISSION ACTION / iJ BOARD ACTION ORDINANCES) ADOPTED COMMENTS '1 i PROJECT,NAME Conditional Zoni SCH # AP # FILE # 84-13 30 Day Review Period Ends SCH Review Period Ends OUT -GOING ACTIVITY Date Action 12-30-83 (Planning Commission packets for meeting 1/5/84: .published notice; Appendix F; memo 11/23/83 to PC; Draft ordinance; PC minutes 8/11/83; PC minutes 8/23/83. 2-1-84 Board packets for meeting 2/7/83; PC minutes 1/5/84; Resolution, 84-1; Ordinance draft as Exhibit A to Resolution-84-IM�m; Memo Ito PC dated 11/23/83. -�s-�ice � E PROJECT NAME SCH AP FILE # 30 Day Review Pexiod Ends SCH Review -Period Ends CORRESPONDENCE/ COMMENTS RECEIVED Date Agency/Persqn Ll BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - July 15, 1986 Annual review.of conditional zoning (Ordinance, 2394_ = ,File 84-1:3). t .. (950`)= J(-NO=A�GT=ION TAKEN PL`A'NN=IN.G DIRECTORtiTO SUPPLYIAN- UPDATED REPORT-= r r IN A MONT{H, AND ANNUALLY THEREAFTER.) i i ,7� • BUTTE COUNTY BOARD OF)SUPERVISORS,MINUTES - June 17,, 1986 � '^kms -. , � _ -, G• . . i - ----.`,Y'-4'-'_�. t, kA'--'VC'•�, 1"a,i�•'. •i. i •' :. .. 'tA. c.. _ ;..- ....n... 85=428 tDiscussion 18-month,review of conditional zoning. (1762) - --� -- Motion r----_ _. -- RE QUESTEU.<,A �,REVJ EWiANNUALLY,77— Vote: 1 Y 2 Y. ' 3 Y 4 Y• 5 AB!(Motion carried) f, •..M • - - , J r ! r - I - F BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-- June.18, 1985 84-243 Report to Board of.Supervisors - Board of Supervisors -proposed negative (298)_ declaration,.regarding .environmental impact and amendment to the zoning- {" ordinance to allow for conditional zoning: (From 2/14/84) F ' MOTION: IMPLEMENT CONDITIONAL ZONING AS RECOMMENDED BY THE PLANNING -,t•.2' ' COMMISSION AND AMEND . IT TO INCLUDE WRITTEN CONTRACTS;- AND x ;• S ADOPT ORDINANCE 239.4 i ;: 14 VOTE: AMENDMENT TO -MOTION: BOARD Tt REVIEW � IN • 1' 1)'I'EEN MONTHS.s ,- VOTE: .. 1 N 2 Y 3 Y 4 Y 5 Y '(Motion carried) _. BOAR D:;OF.iS�UP.ERVII.SSORS..Nl,f�N Ji ESk.-:� �h 1`9844a<� BOARD OF SUPERVISORS MINUTES February 14, 19-8.4 Co'onditional'. Zoning- Reerral from' the-,Boaj�d: on--- Comments, ,f e ---from--"County- Couns-e-l-, County Cbunsel-..s.tate'd, that there.. were, .concerns -:`with. condit'iohal_ zoning"; Sacramento C.buhty', **does* not, do.,condit.ional zoning.. in - this;: -,manner.,;:.- their conditional zoning is:: more: of. a. cont,rac,t. zoning,,. akih.'.t-oi a... development.,_ -g a ree ,men -t _1. enforced as: a,_c.ont-rac.t.,no,t,-.tas -a-. covenant ..r. .-Commissione'r,Avis felt. tt:,.w.6uld.'.be.an--..available.-too,l. to grant. zoning. somecontrols- Staf f:'di's.cus-sed,' the'. difference- b,etwe.eri .a. development agreement -and' w conditional zo.ning,%. a. -development - agreement:, being, .,a,: more- c-.omple.x*.. document -6 commissioner.� Behunin. questl'oned.. -.grant-Ing" a zoning, then having a separat e. .contract for.: c.onditions. County. Counsel stated". that.. the zoning would`.be. in place;-,.- the. -court'. -could make-the-applicant.comply with. the: contract. Hie; stated. that there.. have been. -2 cases in. Sacramento where the agreements... have -been! challenged.. ChalPman Sc,hrader disc.u.ss.ea'conditi.ons.-.with-,the,z property-, fornew, owners should..the pr,.operty, be.sold-.. County' Counsel' discussed .a.separate: . signed -agreement" with.-. the-app11bant versus, conditional zoning wher%e, conditionscan. be. imposed, on -a•zoning,,with-, or.- wit*hout, the approval. of the, applicant.. .Chairman, -Schrader. wanted'.t-o- look. at revising :the; ordinance:,_ and..,.to,. go. ,back,.'.' .and look. at.-SacrAmento-'s- agreements.: Fred '_Gerst-.-question&d, condit:icinal zoning on -a TPM! with: c6nditlbns..- -not being met.. L.'. ffiaw would -.the County enforce condi-ti.ons,?. Gebrge-Robi.ton- stat:ed that th,e::'t'itle companies. should."pr'ovide- a' list st of: such conditions to buyers.. commissioner Lambert` stated` that the-re-was:a yearly review on: development. e agreements and questioned 1f,ther..would.be any'review on'zoning.contracts. Fred Gerst discussed. the zoning-,- conditlons being- put on- the final mapfor a,T'LDM or.TSM:and this final map being held up''until approved by the'.Cou'nty. Staff pointed out-- that.. not all zoning. Change -s-. result I in a. TPM* 6r,., TSM. The Commissfon made-a.recommendation-back to the Board that conditional. zoning.-. -be, implemented and, amended, to include..written'c.ontracts. PLANNING COMMISSION MINUTES - March 1, 1984 BQ) RD OF SUPER�TZSQRS MINUTES .- February 7, 1984 BQAP�.D OF SUPERVISORS MINUTES - January 17, 1984 • f 1 -177`� Butte County Board of Supervisors Conditional .Zoning. (83-13) - The hearing was opened to the public. William Burch questioned what =conditional zoning was. ,j-Chairman Schrader' explained that rezones as they-are now can- not , be condition-. ed. •,- K l Commissioner Vercruse discussed conditional zoning being-more.r.estrictive: Commissioner Behunin thought the conditions would help mitigate problems. Commissioner Lambert questioned if there was any limit on the types- of,. conditions on zoning? p Staff stated that for instance, the Commission'could not make a condition for no i-esidence'in a residential zone. The conditions would be' more to the standards not .to the land :uses. T ; The hearing was closed and comments confined to the Commission and staff.- -"Commissioner Avis-was in favor ,of .Conditional_ Zoning, but was concerned., that ..:it had-limitations so they would not be. rewriting the zoning ordinance as they go along. He was also concerned about this being misused.' Discussion on passing' the conditions on to future property ourners.' Ed ,Vest,. City jof Chico,' stated there. was no conditional zoning in the.. city-.. t 'Y. iscussion on Sacramento using.,;-,conditional zoning for 20 years. _ -It was moved by Commissioner-Avis'; seconded by Commissioner Lambert'to adopt. a Resolution recommending approval to the Board of Supervisors to modify S�.ction 24-28 and 24-29 of the Butte County Code,-to permit the Plarnin Commission to forward recommendations for rezones subject to conditions � a-ad Mat the Board of Supervisors be empowered to grant rezones sub•ect;.t.o., • J conditions. ..AYES:' Commissioners Avis, Vercruse, Behunin, Lambert and Chairman Schrader NOES: No one ABSENT: No one . ABSTAIN_D: No one Motion carried. •;,-'i tis -•r.t .r.:t. • '.i." _ - _' - . BOARD 'OF_ .SUPERVISORS�-MINUTES August 23, 1`983' ' 3-732\. �� Modification'of 524-28' and §24-29 of the. Butte -County-Code; -to-_permit` - " `J259i) 'the Planning Commission to forward recommendations for 'rezones: subject � to conditions and that the Board of Supervisors be em owered to -grant P' p. 9 ` rezones subject -to conditions. i i -MOTION: I WOULD MOVE TO INITIATE HEARINGS ON AN AMENDMENT -TO THE ; ZONING ORDINANCE TO ALLOW FOR CONDITIONAL ZONING.' i y VOTE: 1'Y .2 Y 3 Y 4 A 5.Y (Motion carried) 44 l BOARD 'OF_ .SUPERVISORS�-MINUTES August 23, 1`983' A. Conditional Zoning. Commissioner.Avis first discussed the revision of the PA-C ordinance by. Commissioner Schrader, Steve.Streeter and-himself. Discussion on the difference between a PA-C.zone.and conditional zoning, that conditional,.zoning.conditions-•are more-general in nature and-PA-C ' conditions are-more specific for the area and type of project. Discussion with the City Representative on when the site plan is receive on- a-•PA--C—rezone'. Staff.explained the PA-C process,_.a specific development plan-is received with the appl.ication.and if the zoning is approved the development plan becomes a part of the Ordinance. Commissioner Schrader discussed requiring a Community Facilities District be-formed as a condition on rezoning, i.e. road maintenance etc., or a condition to-join one that already exist. Discussion-on conditions oi"Tentative Parcel Maps and Tentative Subdivision Maps. Commissioner Lambert discussed an Ordinance from Sacramento on what types of conditions can be put on-a-rezone. Discussion on the conditions''being acheived at the time'of the rezone or at the time of the tentative parcel map later on. Commissioner Schrader stated that the conditional zoning would give the Board more flexability to address some'of the problems.. Commissioner.Avis stated he was in favor of condition zoning, that the Commission.needs a specific ordinance to review and send forward to.the Board. Commissioner Avis made a motion to forward a recommendation to`the.Board of Supervisors to"modify Section 24-28 and 24-29 of the Butte'County Code,-to permit the Planning Commission to forward recommendations for rezones subject to conditions and that the Board of.Supervisors be empowered to grant rezones subject to conditions. Staff - If the recommendation is to change 'the property ,from one zone to another the Planning Commission !may recommend that conditions.be imposed. so 'as not to create problems inimical to the public health., :_safety_,_and_., genera'l—weifare'•of the •residences- of Butte-County,'the recommendation shall be transmitted to the Board of Supervisors within ninety (9 0) days after.-, the date the hearing was closed to the public. PLANNI+NG GOMMIS& ON MINUTES - August 11, 1C98�3 24-29 - Butte County Code, Last Paragraph: + The Board ti of Supervisors may approve, modifyor disapprove'the recommendation of the Planning Commission; provided that.any.modification of the proposed amendment by.-the Board shall first be referred to. the Planning Commission for report and recommendation;.but the Planning Commission shall.no't be required to hold a public`hearing thereon. Failure of the Planning Commission to report within•forty (40),days after the modification is referred to it; shall be deemed to. be approval of the proposed modification by the Planning Comm- ission. Commissioner Avis made-a motion to-'amend Section 24-28 and 24-29 of the- Butte County Code,. seconded by Commissioner Lambert. .__AYES _ Commissioners Avis, Schrader, Behunin Lambert and Chairman Bennett.:. NOES• No one ABSENT: No-one ABSTAIN:, u No one Motion carried t "FPLANNING COMMISSION MINUTES:":August• •11, 4:yl:wrF. - _ • �jj��7y /� p�{y((�1] ��(Qj{�{{J�'� ��j/ [epJ �f/J�]�]�Q�] � {g�1lj �Jy Ij�®pj yp� - .✓ J��tlllO®�[W 1L0 ��O9a �0P�'Jli YUo�YtlO ^Vtl ��.A w-.l.tl(]9 - ' TO: Planning Commission FROM: Planning Department SUBJECT: Conditional Zoning, 84-13 DATE: November 23, 1983 This amendment tothe zoning ordinance was initiated by the Board of Supervisors. It appeared the December l agenda would have adequate time available for discussion.and public hearing of the matter so we placed it on that agenda. The.initial study discussion and the attached minutes; parti- cularly those of.the August 11, 1983 Planning Commission meeting,* provide background on this amendment. Also attached is the text of the proposed amendment with the new sections underlined for emphasis. The conditions wound be treated as in Sec. 24-43 of the Zoning Ordinance relating to use permits. For this purpose, conditions imposed upon issuance of a rezone must be reasonably related to the use of the property for which the rezone is requested. In addition, there may be times where you would wish to paraphrase Sec. 24 -44 - The Planning Commission may condition a rezone to prohibit a building, structure or land use to be occupied until a`n—inspection has been made and it is found that the buildings ,!-,structure or .land use complies with all -conditions which the Planning Commission has specifically. required to be completed prior to occupancy. Enclosures Initial Study Draft Ordinance Minutes ORDINANCE NO. AN ORDINANCE AME \:DI'sG ' CHAPTER 24 OF THP BUTTE COUNTY CODE i The Eoard of Supervisors .of the County of Butte State of p �. California,, PO ORDAIN, as follows; � 3 SECTIO1 1 . Section 24 -2R .of, the Butte County Code is 4 -hereby amended to read as.follows: ii .:5 �f X24=2�, Action of the Plannirio Commission, � g I Following the aforesaid hcarino,..the Planning.Commission shall render its decision in the ford of a written-recommeneation- t. to.the Board 'of. SuperVisors. Such'recommendation shall include the i reasons for the recommendation, the relationship of the proposed amendment to the Butte'.County General Plan and.any.specific plans. If. the .recona-meiidation is to change Property from one zone .to another, the Planning Commission ray recommend ti -at .conditions be imposed so as 'not to create problems ini.ilical to the public health, safety, and general welfare of the residents of Butte County.'-'. The re- commendation shall .be transmitted to the. Board of Supervisors within} ninety (90) days after the date the hearing %4as closed to .the -�- public.' SECTION. 2. Section 24-29 of the Butte County** Code is... hereby amended to read as follows: X24-29. Action by the'Board of Supervisors. Upon receipt of any such recorinendation lfrori the Planning Commission which recommends that the proposed ameridnent be approved the Board of,Supervisors shall set the natter foripublic hearing and shall give notice of the time, date, and place of -said hearing at least ten (10) .days prior, to the hearing in the sane manner as provided for the giving of notice of the hearing by the'Planning�' Comn_1 ssion as. specified by Section 24-27:. 2 { In any case in which the recommendation of the. Planning is 3 Commission is to deny the proposed aren_dment, the Board of Super.- 4 ;:visors shall not be required to take any further action thereon.. 5 �!'unIess an interested party shall request such a hearing by filing i 6 i a written request . therefor with the clerk- of the board not later 7 than 5:00 p.m. on.the fifth day following the date. the Planning 8 9 10 li 12. 13 14 15 16' .. 17 18 19 .20 21 22 23 24 23 26 I Commission files. its recommendation with the Board; provided, hoi; ever, that if said fifth day falls on'a-legal.holiday, the. request for hearing may be filed by. 5:00: p.m, on the next day on" which the office of the clerk is open for business. Upon receipt of such a ` i. request for hearing, the clerk shall -i r.-Pmcdiately forward.a copy of said request to the Planning Connission. The Board of Supervisors shall take action upon the proposed amendment within ninety. (90) days from the date of receipt of the I 1 - Planning Com -mission's initial recommendation. If no action is taken within said ninety (90) days the proposed amendrient shall be deeme� denied.. The Board of Supervisors may approve, modify, or dis- approve the recom_men^.dation of the Planning Commission; provided that any modification of the proposed amendment -by the Board sLlall first be. referred to the Planning Commission for report and re -- commendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to -re port within forty (40) days after the no dification. is.referred to it, shall be deened to be*approval of the proposed modification. -2- 1 by. the Planning Commission. The Board of Superbi.sors may impose r 2 conditions to the zoning reclassification of the. property. where it 3finds.that said conditions must be imposee- so.'as not to create 4 I;problems inimical to the public health, safety, and general welfare 5 ;!of the.County of Butte. Ifconditions are imposed to a zoning .6 Ireclassification, said conditions shall run with the land and shall: 7 not automatically be removed by a subsequen.t.re'classification of 8 the property. Said conditions may be- rer;oved only by the Board of 9- Supervisors after recommendation by the Planning Commission. 10 SECTION 3• This Ordinance shall be and it is hereby 11 declared to be in full force and effect,from and after thirty (30) '. 12 da}�s�after the date of its passage; and before the expiration of i 13 fifteen (1S) days.after its passage, this Ordinance shall be 14 , published' once with the names of -the members of the Board of j 15 Supervisors voting for and against it in .the , a. II f i6' newspaper published in the .County of Butte, State of California. 17 PASSED AND ADOPTED by the Board of Supervisors.of the 18 County of Butte, State of California, on the day of 19 1982, by the following vote: 20' AYES : = 21 NOES • - - - 22 ABSENT: 23 NOT VOTING 24 25 26 ffn-DA i P., Chairman Butte County Board of Supervisors. ATTEST: ELEANOR M. BECKER, County Clerk -Recorder. and Ex -officio Clerk of the Board BY � -3- r A. Conditional Zoning Commissioner Avis first discussed the revision of the PA -C ordinance by Comm.issioner Schrader, Steve Streeter and himself. Discussion on the difference between a PA-C..zone and conditional..zoning, that conditional zoning conditions are more general -in nature and PA -C conditions are more specific for the area and type of project. Discussion with the City -Representative -on when the site plan is -received on a PA -C rezone. Staff explained the PA -C process,.a specific development plan is received with the application and if the zoning is approved the development plan becomes a part of the Ordinance. Commissioner Schrader discussed requiring a Community Facilities District be formed as a condition on rezoning, i.e. road maintenance etc., or a condition to -join one that already.exist. Discussion on conditions on Tentative Parcel Maps and Tentative Subdivision Maps. Commissioner Lambert discussed an Ordinance from Sacrame'nto'on what types of conditions can be put on a rezone. Discussion on the conditions being acheived at the time of the rezone or at the.time of the tentative parcel map later on.' Commissioner Schrader stated that the conditional zoning would give the'. Board more flexibility to address some of the problems. Commissioner Avis stated he was in favor of condition zoning, that the Commission needs a specific ordinance to review and send forward to the Board. Commissioner Avis made a motion to forward a recommendation to.the'.Board- of Supervisors to modify Section 24-28 and 24-29 of the Butte County Code,.to permit the Planning Commission to forward recommendations for rezones subject to conditions and that the Board of Supervisors be. empowered to grant rezones subject to conditions. Staff - If the recommendation is to change the property from one zone to another the Planning Commission may recommend that.conditions.be imposed so as not to create problems inimical to the public health, safety, `and general welfare of the residences of Butte County,the recommendation shall be transmitted to the Board of Supervisors within ninety (90) days after. the date the hearing was closed to the.public. •� t �PLIINNTNG IS ION MINUTES-`.-` :August ll; .1983,.,::1_1's r { V PROJECT NAME Conditional Zoning SCH # AP # FILE #' 84-13 30 Day .Review Period Ends SCH Review Period Ends nw-mTNG ACTTVTTY 0 PROJECT NAME Conditional Zoning SCH # AP # FILE # 84-13 30 Day Review Period Ends. SCH Review Period Ends CORRESPONDENCE/ COMMENTS RECEIVED Date Agency/Person RFZO IbdG PPFICATION . FOR BUT COUNTY PLAI94HIG COMMISSIOi APPLICANT:. Read and follow instructions as set forth on reverse side of this form. Applicant's Name__ Board of Supervisors _ Phone No. Appl'icant'sMailing Address 25 County Center Drive, Oroville, Ca.. 95965 Applicant's Interest in property (Owner, Lessee, Other) Owner's Name Various Phone No. Owner's Address Various Assessor's Parcel Number (s) County Wide Present Zoning REQUESTED ZONING Location, dimensions and size of area (s) to be rezoned County Wide. Applicants's reasons.for rezoning Amendment to the Zoning Ordinance to allow for Conditional Zoning. 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. .Dated Applicant's Signature See Board minutes of August 23,'198'3 Project File Number General Plan Designation — Location. VERIFY: A.P. Number(s) Ownership Proof of Agency (if needed) Present Zoning Date Application Received Application Taken by i Request Consistent? Location Description Legal Description of Area 6 Maps of Area $ Receipt No. _ INSTRUCTIONS TO REZONING APPLICANTS I . If applicant is not the owner, written authorization by the owner or other proof of agency' must be submitted in order for the applicant to legally sign the application. Application shall be considered void if not signed by the owner or legal agent. 2. All itemson application shall be• filled in as completely as possible. If an item is not applicable, please indicate by the term 'NA'. 3. It is very. important that the application include an accurate and complete description _..._.__.. ___....of the property proposed for each requested zone. The application will not be processed....:: .. until we receive the following. information about the area(s) to be rezoned: a. Assessor's parcel number (s) (from the tax bills or Assessor's Maps). b. Street addresses (if available).. -- c.- Distances and directions to named streets, bodies of water or railroads. d. Legal description (subdivision lot numbers, fractions of sections or distances and bearings of perimeter dimensions). e. 6 copies.of map with rezoning area(s) outlined (Assessor's map, subdivision map, zoning map or other map showing parcels). 4. Application must include a.eompleted 'Appendix E -Environmental Information Form'. 5. California Government Code Section 65300 et seq. requires local zoning ordinances to. .. . be consistent with a jurisdiction's adopted general plan. County approval of a rezoning. request must be supported by findings of consistency with the Butte County General 'Plan. Applicants may request changes in General Plan designations by filing an 'Appli- cation App i -cation for General Plan Amendment'. 6. The 'Application for Rezoning' is subject to public hearings and approval by both the Planning Commission and Board of Supervisors. The procedures for County action on rezoning applications are stated in Chapter 24 of the Butte County Code. 7. Application fees as of (date) are Fees may be paid in cash or by check made payable to Treasurer of Butte County': 8. Before submitting a rezoning application, applicant is requested to discuss with staff all questions about application requirements, County procedures, consistency with the General Plan, and the provisions of existing and requested zoning classifications. t x Conditional Zoning Agreements Update September 1992 Permits Former AP # File # Res # AP # Zone Owner Name Bldg Hlth LD (if any) 1 ------ 87-34 ---- 87-87 ----------- 006-350-022 ----- - ----------- Greenberg ----- ----- ALL Conditions --- Met ----------- 2 87-34 87-87 006-350-023 - Greenberg All Conditions Met 3 87-34 87-87 006-350-024 - Greenberg All Conditions Met 4 88-47 88-188 006-500-011 SR/HC Enloe 0 3/84 0 006-500-001 OK 5 88-47 88-188 006-500-012 SR/HC Webb Homes 0 0 0 006-500-001 OK 6 88-47 88-188 006-500-013 HC Kenyon 3/92 2/89 0 006-500-001 OK 7 88-47 88-188 006-500-014 HC Bartram 12/89 0 0 006-500-001 OK 8 88-47 88-188 006-500-015 HC Bartram 0 0 3/89 006-500-001 OK 9 85-27 85-37 007-300-001 - Auerbach All Conditions Met 10 87-37 87-109 007-410-017 - Bolster All Conditions Met 11 87-37 87-109 007-410-018 - Bolster All Conditions Met 12 87-37 87-109 007-410-019 - Bolster All Conditions Met 13 87-37 87-109 007-410-020 - Bolster All Conditions Met 14 88-29 88-162 036-510-020 M1 Ielati new app 6/92 0 0 in conformance 15 88-29 88-162 036-510-044 M1 Ielati 6/91 12/88 0 in conformance 16 87-46 87-263 030-200-026 C2/R3 Hammer 0 0 0 in conformance 17 87-46 87-263 030-200-074 C2/R3 Vance 0 0 5/79 in conformance 18 87-42 87-110 039-060-065 PQ Brusie Inc 6/91 6/85 0 39-06-35,70,71 OK 19 87-42 87-110 039-060-093 PQ Brusie Inc 8/91 0 0 39-06-35,70,71 OK 20 87-42 87-110 039-060-094 SRI Brusie Inc 0 0 0 39-06-35,70,71 OK 21 87-42 87-110 039-060-120 M1 Detco Steel 6/76 0, 0 39-06-35,70,71 OK 22 87-42 87-110 039-060-121 M1 Thorpe 4/75 0 0 39-06-35,70,71 OK 23 88-20 88-065 039-540-001 SRI Brines 0 0 0 039-240-040 OK 24 88-20 88-065 039-540-002 SRI Coutts 2/92 11/91 0 039-240-040 OK 25 88-20 88-065 039-540-003 SRI Thompson, 0 0 0 039-240-040 OK 26 88-20 88-065 039-540-004 SRI Forberg expired 8/91 8/89 0 039-240-040 OK 27 88-20 88-065 039-540-005 SRI Hall 1/90 10/89 0 039-240-040 OK 28 88-20 88-065 039-540-006 - SRI Anderson 5/92 1/92 0 039-240-040 OK 29 88-20 88-065 039-540-007 SRI Davis 11/89 10/89 0 039-240-040 OK 30 88-20 88-065 039-540-008 SRI Leger 5/90 1/90 0 039-240-040 OK 31 88-20 88-065 039-540-009 SRI Anderson 2/92 1/92 0 039-240-040 OK 32 88-20 88-065 039-540-010 SRI Durham VLy Dev C 0 0 0 039-240-040 OK 33 88-20 88-065 039-540-011 SRI Balogh not final 5/92 5/92 0 039-240-040 OK 34 88-20 88-065 039-540-012 SRI Durham VLy Dev C 0 0 0 039-240-040 OK 35 88-20 88-065 039-540-013 SRI Lisk 8/91 5/91 0 039-240-040 OK 36 88-20 88-065 039-540-014 SRI Payne 4/91 0 0 039-240-040 OK 37 88-20 88-065 039-540-015 SRI Pratt 6/90 2/90 0 039-240-040 OK 38 88-20 88-065 039-540-016 SRI Zanette 2/92 2/91 0 039-240-040 OK 39 88-20 88-065 039-540-017 SRI Moore 1/91 10/90 0 039-240-040 OK 4088-20 .88-065 039-540-018 SRI Megibow 12/91 3/90 0 039-240-040 OK 41 88-20- 88-065 039-540-019 SRI Blakemore 10/91 12/91 0 039-240-040 OK 42 88-20 88-065 039-540-020 SRI Norman 2/91 5/90 0 039-240-040 OK 43 88-20 88-065 039-540-021 SRI Durham Vly Dev C 0 0 0 039-240-040 OK 44 89-44 90-16 039-540-028 SRI Black 1-/91 7/92 0 039-240-020 OK 45 89-44 90-16 039-540-029 SRI Carey not final 3/93 6/92 0 039-240-020 OK 46 89-44 90-16 039-540-030 SRI Black 0 0 0 039-240-020 OK 47 89-44 90-16 039-540-031 SRI Dilbeck 1/92 4/91 0 039-240-020 OK 48 89-44 90-16 039-540-032 SRI Sickels 1/92 11/90 0 039-240-020 OK 49 89-44 90-16 039-540-033 SRI Black not final 4/92 5/92 0 039-240-020 OK 50 89-44 90-16 039-540-034 SRI Arbuckle not fnL 3/92 4/92 0 039-240-020 OK 51 89-44 90-16 039-540-035 SRI Smith not finaL12/91 11/91 0 039-240-020 OK 52 90-34 90-157 040-490-002 M1 Wheelock 0 0 0 in conformance 53 90-32 91-36 041-080-030 FR5 Amerine Fam Tst 0 0 4/91 in conformance 54 91-04 91-71 041-080-127 FR5 Courtain not fnl 4/92 6/92 1/89 in conformance 55 89-6 88-187 041-080-037 FR5 Heredia 3/87 6/79 0 in conformance 56 87-38 87-235 042-140-114 C1 George 0 0 2/81 in conformance 57 89-12 89-015 055-290-081 ARMH1 Barnett 6/84 0 7/87 055-290-044 OK 58 90-12 91-25 056-040-027 TM1 Oliver 10/84 0 0 in conformance 59 84-1 84-165 056-280-043 TM1 Althoff 0 .0 4/91 in conformance 60 84-1 84-165 056-360-020 TM1 Koenig 3/85 0 9/85 in conformance 61 84-1 84-165 056-360-021 TM1 Koenig 10/90 0 9/85 in conformance 62 85-28 85-169 058-810-001 TM5 Tange 8/89 0 0 in conformance 63 85-28 85-169 058-810-002 TM5 Laufer 5/91 0 0 in conformance 64 85-28 85-169 058-810-003 TM5 Fullerton 0 0 0 in conformance 65 85-28 85-169 058-810-004 TMS Noble._ 0 0 0 in conformance 66-85--28"85=169 —058=BID-_0171"--TM5 Daily 5/89 5/88 0 58-81=05,06 needs brush clearance �J 67 85-28 85-169 058-810-018 TM5 Payne 0 0 0 58-81-05,06 needs brush clearance X68 85-28 85-169 050-810-019 TM20 Adrian 7/90 8/88 0'58=r81=05;06 needs"brush clearance 69 85-28 85-169 050-810-025 TM20 Even 0 0 0 58-81-05,06 needs brush clearance ' 70�85�2885�169,050-810-026 -TM20-Even—, 0— _0._ 0 58-_8.1-05,06 need_s_brus_h_clearance 71 86-4 86-53 059-050-022 TM20 L.P.Corp All conditions met _ J�723847_1=84193=063_090_0]8 TM1sHuosai_d�"7.%85; 0;0,cond.i_t.ions not metes r ,s. . 73 83-81 84-139 065-010-067 TM20 Berndt 0 0 • 0 065-010-020 OK 74 83-81 84-139 065-010-068 TM20 Berndt 0 0 0 065-010-020 OK 75 83-81 84-139 065-010-069 TM20 Berndt 0 0 0 065-010-020 -OK 76 83-81 84-139 065-010-070 TM20 Berndt 0 0 ' 0 065-010-020 OK 77 87-18 87-73 071-430-029 FR2 Mitchell 0 10/85 0 parcel map is dead. 78 88-19 89-018 072-250-037 FR5 Holmes w,' 1/90 12/89 0 in conformance 79 88-19 89-018 072-250-038 FRS Varasteh 0 0 4/89 in conformance. 80 88-19 89-018 072-250-039 FR10,5 Varasteh 0 0 4/89 in conformance' 81 88-19 89-018 072-250-040 FR10,5 Ott '- - 0 0 0 in'conformance "^ Y. ^' 82 88-19 89-018 072-250-041 "FR5 Goodman 5/92 5/92 0. in conformance 83 88-19 '89-018a'072-250-042 FR5 Shryne 0 0 0 in conformance ' 84 88-19 89-018 '072-250-043 FR10,5Morgan 10/89 0 4/89 in conformance 85 88-19'89-018 072-250-044 FR10,5Morgan 0 . 0 •4/89 in conformance ` 86 88-19 88-26'. •072-260-112 `FR10 Berger 10/91 6/91 0 .in conformance wp •file: agmnt supervisors ' 8/26/92 , R LPW r } K IDA • O 'P©6 7-L ` • ' . - .� . �p� Ca Awl A �- JY %7 Vo �v ZAT� ►�G� `6 V-7Tv t-3 IST OF— ` �Co� � �": _ r S Ar-P/�• �--72-t:A-� ' T�Z--�'ST�S - �; Eco y E;PC • Pt-iZLEE�)J T2QSTe-ES 24 hPrV--> A L7lSG . Gni of5 ,9 - n,.4L CA 42 Development and Conditional Zoning Agreement File Updates September 1992 Development Agreements Permits Former AP# File # Res # AP # Zone Owner Name Bldg Hlth LD (if any) 1 ------ 91-03 ------- ----------- ---- 025-160-111 M2 -------------- Robinson (CA) --- 0 --- 0 --- 0 ----------- in conformance 2 91-03 025-230-101 M2 Robinson (CA) 0 0 0 in conformance 3 91-03 025-230-102 M2 Robinson (CA) 0 0 0 in conformance 4 83-25 040-490-008 M1 Wood 5/86 3/86 0 in conformance 5 83-25 040-490-010 M1 F&C Beverages 12/90 8/90 0 in conformance 6 83-25 040-490-017 M1 Newport Federal 0 0 0 in conformance 7 83-25 040-490-018 M1 Austin Fam Tst 0 0 0 in conformance 8 86-6 040-570-011 M1 Davis 0 0 0 40-57-07,09 9 86-6 040-570-012 M1 D -D Indust Part 0 0,---- 0 40_57-_07,09_ µ y10 86-6 040=570=013 ' `M1 -D=D IndustLPart 5/91 0 0- 40-57=07,09 install–landscaping) (�vv3gll_8.4_35 041=.1.20_102.—CC_Retzer —0 1.0%84 0—need_to_i.nstall_landscaping--- 12 89-27 048-010-037 M1 Reed 0 0 0 in conformance 13 89-27 048-0.10-038 M1 Reed 0 0 0 in conformance 14 89-27 048-010-042 M1 Brown 0 11/91 0 in conformance 15 89-27 048-010-053 M1 Reed 1/69 0 0 in conformance 16 89-27 048-010-054 M1 Reed 8/73 0 0 in conformance 17 89-27 048-010-056 M1 Whitchurch 2/92 0 0 in conformance 18 89-27 048-010-057 M1 Whitchurch 2/66 0 0 in conformance 19 89-27 048-010-059 M1 Waddle 0 0 0 in conformance 20 89-27 048-010-060 M1 Waddle 0 0 0 in conformance 21 84-66 048-400-007 R4 Miller 11/85 0 0 in conformance 22 90-19 92-21 047-270-023 C2 Anderson Bros. 0 0 in conformance 23 90-19 92-21 047-270-027 C2 Anderson Bros. 0 0 in conformance wp file: agmnt commission 9/2/92 LPW C/O G*l%o ??-Owc-E Po 8 VaG, l 1 W \u--1 A4A'- ©F-0Vll. z 9S 5 IL _ r _ - Y AAJ Co OD L`F-c_o�-e-a -�G A`y►=E?Tslo v. _ - -- ------ (� _ �cc� Co LJF�gTr;:ED '00evL PUE>t_ c- lOoi �s l k Homesite fencing limited to 4 or 5 strand barb wire o�%wer an 16" nor higher than 48" above ground. j. Instal swimming pool or water sto a of 7500 gal. minimum with draft connection or wa a pump. k. No shake roofs or for shake siding will be allowed. A tentative subdivi' map was approVed, on November 4, 1985. The final map has been recorded.- One of riginal parcels has been sold. It es not appear the approved subdivis iw _be completed. Any n construction on -the existing parcels, however, w-' still be s ect to the conditions. 3. Ed -Hunsaid '__-Resolution 84-193 - Conditions: a. Terracing to'direct storm water runoff into drainage ditches. b. All drainage ditches to be lined with asphalt or p.c.c. grout to reduce storm water runoff speeds.- -�;c. Lands not occupied by dwellings, roads, and other _t .3 improvements shall be landscaped as.recommended by Kingsley Sterns, Biologist.. d. On-site storm water runoff, drainage to be conveyed via off- site ditches lines with asphalt or p.c.c. grout or pipe to the nearest approved drainage swale. No development at this time...... •..+�wuYr�r.w.Yn�W-a+....�uw�r+wYu.Nlu iMG�YNMld16YnYYY�Yl1YhOYefLWYM�11�l�YYl�Vtl1Y1YO�lYY1rIe INYWYO• —�� _ �. AGREEMENT THIS AGREEMENT made this 27th day of November, 1984. by and batween "First Party", as identified in item (a) of Exhibit 1 of this Agreement, and the COUNTY OF BUTTE, a political subdiviv;iori of the State of California, herein called "Second Party". W I T N E S S E T H WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butts-, whirh Property is described in Item (f) of Exhibit I of this Agreement; and WHEREAS, the Property is now zoned as specific. in Item (b) of Exhibit 1; and WHEREAS, First Party has applied for a r•eclas'sification of zoning of the Property pursuant to which aGplicatiori 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 field 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 impose(l so not to create any problems inimical to the health, safety and the general Welfare of the County - of Butte. NOW THEREFORE IT IS MUTUALLY 011MERST00U AND AGREED that inasmuch as the reclassification =_pacified ir. Item (c) of Exhibit 1 i� being granted, the said recla=_sificatiun shtall be subject to the conditions specified in the following paragraphs: 1. That Exhibit 1, as completed and attached hereto, is incorporated into and mad" a part of this Agreement with the same force and effect es if fully set forth herein. 2. That Firm: Party shall construct: and comply with all the following conditions: 2a. Terracing; to direct storm water ricnoff into drainaa_e ditches. 2b. fill drainage ditches to be lined with r..%phalt or p.c.c. grcut to reduce storm water runoff speedT- '/ 6iolgvements Sha di b°t occupied b r, ogist. a landscaped a%UrElomr19s,�dcads, an•1 Other 2d. _ by lei ngo l ey Sterny r off-site UitcOn-site stor nearest a dined withwasphalunoff, drair,,�. PProved 2e. drainage Swale• t or P.c.c. grout Abe conveyed viq with Provide P'Pe to the drafting conn a minirnu,n of ections. 39200 gallons on-�ite water storage District ?to miCliPIY with agreemen 29• Mulcht r1mPects to ForestsignRanchtSchoolo unified School ree"�.� ^• Gravel or Paveinter�nu+is at ordr,t of rainy season. 2_. Wo lr roads and driveways or housesr,ee removal all e>:cerit for driveways. these direc►1Y in the 2j• Followay of w the recnm concerning Bevel of ent and proofi•• All pmrcelyrlth3^mtheadeersherd0areasment of Fish and Game Chanter of water Pur t° meet minirnum us�� ip, scant to Butte County Subdi"is �ndp�dPosal area State and ApPlica^} must nance, local statutes al'o carnal s, ordinance. Y with all ot.h� 3. In ', and reg;.rlati `r "Pplicable the event F• °^s. ItemFi�t Party, or Fir! -,t Fart !f) Of Exhibit Person in poss Y, any succeSsnr conditions it ola fttiI, of the pro in intereSt of I vi on thereof as providedthis A4n e-entewittrin thirty Perform PhrtY of in F'e.rty may instruct arm ty (.e r) Y of the legal uct the Witt '' the B days,afte Board ofoCeedings to Y Counsel Board of Sir r notice rezone theuPervisors off S fSr,conorcethe Prnvlsions�IeuonrI PartYrtO'lo^strs itutecond Exhibit I ProPertY toParty may also A.3reement, The or any other the classificat. initi suitable cla n sperifiedacN Proceedings to 4. DJoti sSification, In Item (b) be sent to Firstce of violation r of I and to the Par Y at the of p•ovision� Exhibit 1, Any acJdress of address sPc'cifi °f this Agreement Possession Y subsequent the Pr•oper.t �d in Item (d) shall at an of the pro title holder Y described i of Exhibit address other PertY shall also revert l7en holden Io_m (d) of filing with than as address }° a n°lice such Party in he Clerk of specifieU of Agreernent which the board o i^ Item Ic'1) viola arid the notice SuPervis of Er.hibit tion Res is to b„ ors of Second party of Lit c,n author Dent, °ji th J its refr�rr:•nc.. to Y the i rrc this e:recur i urr. Page .3 5• In the event suit ice• brought by the Count Second Party to enforce ally of the Petty unsel of to to provisions of this YAgreement, the Court as attornrstrJ second Party a reasonable sum to be ' First Y's fees, fixed by 6. Each arid herein contained shallbindand insure to the Y one of the provisions of this agreement in interest of each and every party hereto benefit of they had herein been expressly the successor p essay named, ` i^ the same manner as if IN WITNESS WIfEREOF, the parties hereto Agreement the day and year first above written. have executed this 1 ATTEST: MARTIN J. NICHOLS Chief Administrative Officer and Clerk Jf the Board of Supervisors r 'By: Deputy COUNTY OF BUTTES a political subdivision of the State of California By Chairperson of the Board of Supervisors - "Second Party��' STATE OF CALIFORNIA Butte COUNTY OF Onihis 3rd --day °J December thousand nine hundred and eight a—four In the Year one ' , a Notary- before me, duly commissioned and sworn Publk. Stole of California, 13ddie Paul. ))unsaidersonaly°l�arsd and Sharon Louise Ifunsaid ' OFFIr71A;. SIAL N L EPPERHEIMER are nowntometobetheper"" �— subscribed to the within Inrtry �— whosename o NOIAkY PUBLIC • CALli 0.7NIA s; that the y "rMt and °cknowl td to me executed the same. �8 euriE COUNTY My comm. expires fEB IN WITNESS WyEREOFI 28. 1985 haw hereuntosef m "IY ofJtdal seal In the y hand ondoffjW aocum.m Butte County °f t above urNtten. the day and year In thiseerttftw u ons . Wn..H lam.rucn m.r a aoo.. la ro wq -CI .ni.r,...wel fs�ry! o¢u.I.,. roa in' 4 a ub's.U.1Wa.nIII, .1,Of 01 IN ,aIM+n.aov.rd..M.wu .ahn�MN - N No tory Publle State of California w-dery'sForm No. 32—AcknowledK ement My commUrtan erylres 2/28/85 — Cenerel (C. C. See. I Igo.) 0 AUG. 12, 1984 KINSLY STERNS DEPT. OF BIOLOGICAL SCIENCES CAL. STATE CHICO CHICO, CA. 95929 RE: REZONE/GROUNDCOVER Aft C, C.,M AUG 15 1984 Or°,'y�GUfpy� Dear MR. Sterns: It is the wish of myself and Mr. Hunsaid, to hire you to establish which ground cover would be best suited on our land. The property in question is located on Nopel Road 1600 'feet 'SWof Highway 32 in Forest Ranch. Elevations are between2200' and 24001 and ground slope between 5% and 15% (mostly 5% and 8%). Our soils, as described by the Butte County Planning Comm. are toomes 4-20119 red brown, gravelly, loam/supan, 20-40!1,dark brown, clay loam, and our annual rainfall on an average @ 70 inches. Currently are major concerns are to increase absortition rates and decrease surface run-off. Secondary needs are to provide additional Plant life for wildlife and increase the lands appeal. :later storage has been incorporated into the grounds, to provide. moderate watering facilities. Your suggestions will be appreciated in this matter. Please feel free to call, 343-2255, shculd you have any questions_ Sine 1 ere y; RICHARD SCOBLE 1405 Mangrove Ave. C.C.,"PLANNIDIG COMM./ED HUNSAID Chico, Ca. 95926 gY�ts� rig j1�Q t` 44 Y `''� rFl�1N; 4�h>{� Jiff y��ti�n+i.i ! - 1 rit}}�� .; r5.�i{ i� .•-i tY�':` :.r o t11 t .h fl� 1 . 1 f •,. ,1 • Paque 4 }(vNS �p EXHIBIT I Agreement c• (e> "First Party", as used in this Agreement, includes each and all of the following: Ed and Sherri Hunsaid (b) The property is now zoned: TM -5 (c) The zoning reclassification of the property is from its present zoning to; TM -1 (d) Notice to First Party pursuant to Paragraphs No. 4 shall be addressed to: Ed and Sherri Hunsaid, 821 Shepard Lane, Chico, Ca. 95926 (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: TM -1 (f) "Property", as used in this Agreement, includes: All that certain real property situate in the County of Butte, State of California, described as follows: A portion of Lots 1 and 2 of the NE 1/4 of SEc. 7, T23N, R3E, MDBandM, and more particularly described as follows: COMMENCING at an iron pipe tagged L.S. 2621 marking the intersection of the S boundary line of that certain parcel of land conveyed from William E. and Francis Fitzgerald, to Clarence W. and Lois G. Perry, by Grant Deed recorded August 27, 1964 in Book 1332 of Official Records, at Page 298, in the office of the Recorder of the County of Butte with the southwesterly boundary of an existing 60 foot road and from which point the NE corner of said Sec. 7 bears N 44 degrees 11' E 1673.03 ft.; thence N 29 degrees 18' 30" W along the southwesterly boundary of said 60 foot road, a distance of 239.13 ft. to an iron pipe tagged L.S. 2621 and the true point of beginning of the parcel of land hereafter described; thence N 86 degrees 04' W along the northerly boundary of said Perry parcel a distance of 1205.29 ft. to the NW corner of said Perry parcel; thence N 48 degrees 56' E a distance of 254.56 ft.; thence S 86 degrees 04' E parallel with the northerly boundary line of said Perry parcel a distance of 907.29 ft. to a 1 inch iron pipe tagged RCE 11128 marking the southwesterly boundary line of said 60 foot road; thence continuing S 86 degrees 04' E a distance of .:5.87 ft. to the centerline of said road; thence S 29 degrees 18' 30" E, along said centerline a distance of 215.22 ft. to the northeasterly corner of said Perry parcel; thence N 86 degrees 04' W along the northerly boundary line of said Perry parcel, a distance of 35.87 ft. to the true point of beginning. SF �.:�1 L-1"' >"!9` .e,.t .fi' a�� t`1,.'J,r.t:il}f,:.d'':k �'`W,.A L, .•.,. .�. c�e',_n lin. .... ,, i�, -. , � :'!��}'d `��'��Y�.`�'tn Y''S 0 AGREEMENT and .,November, 1904• by 7th day of e this(a) of Exhibit 1 of this T)flr, AGREEMENT as identified in item the a political subdivie'•iun of r� between "Fir nd thetCGUNTY OF BUTTE, -Second Party"• Agreement, herein called State of California, W I T N E S SET H herein is the owner of real property, Property First Party of Butt.-_, whish Prop WHEREAS, Agreement; and called the "Property", situated in tl�e County is described in Item (f) of Exhibiti wlzoned as specific. in Item (b) of WHEREAS, the PropertY 1 E;;hibit 1; and applied for a reclas•i►Iicat1e�tYfis has hich aPP WHEREAS, First Party 1 icatiotr tlrca Prop zoning of the Property pursuant to w reclassified from its present classification to the being specified in Item tr_) of Exhibit li classification or classifical•ions and on 51�id application c public hearings have been f�elofuAutte, State of WHEREAS, P supervisors of the %tile Y resented, it has before the Board of Sup roblem' California, and after t,avinea consicl•=reci the n�:�k er P to thc: zoning reclassification determined that certain conditions •`J „c, t. to crraate any P been r o erty nL%St be impo�:tl so of said real P P safety and elle 9Pr`�r?1 ti'�elfare of the County inimical to the health, of Butte. �cified in item (c1 of Exhibit 1 i` t106! THEREFOr:E (T IS MU"TlJf1LLY UiVDL"IiSTOpU AWU1 bfjectDthat to the the reclassification `P' shill be inasmuch as the said rec]assificatiugraphs: being granted, conditions specified in the following par, ' i' as caMPleted aric.l at'.ached hereto, 1, That Exhibit I. of this rgret'.m_r1t with the same incorporated int -0 andfn){u'l1a Pettforth herein. force and effect es ly with all the 2. That First Party shall construct incl coMI following conditiunr: 2i. Terracing to direct storm water runoff ijjto drainage ditch=s. r_ 1 in�d witty Ptialt or P•c-c. 2b, (111 draine:de ditch"5 f:o ed.:. grcut to reduce storm water runoff Ps T; K; , FIT,� .s: � f I+. r til . z P, l 2c. Lands not occupied by dwellin improvements shall be landscaped as recommendedclby K and other Biologist, / Kingsley Sterno, 2d. On-site storm water runoff, drair:or.t-, to be conveyed viw Off-site ditches lined wish asphalt or p.c.c. grout or pipe to the nearest approved drainage swale. i - 2e. Provide a minimum of 3,200 gallons on-site water storage with drafting connections. 2f. Comply with agreement signed with Chico Unified School Ci strict to mitigate impacts to Forest Ranch School. 29- Mulch or reseed exposed soils at on vL of rainy season. 2h. Gravel or pave all interior roads and driveways. 2i. No tree removal er.cerit for those directly in the way of driveways or houses. 2i. Follow the recommendations of Department of Fish and Game concerning development within the deer herd areas. %k. All parcels to meet minimum usable sewane disposal area and proof of water pursuant to Butte County F;e.ebdivision Ordinance, Chapter 20. 21 . Applicant must also com;., l y with -11 l other c State and local statutes, .ppl i cabl e ordinances, and regulations. 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 S, the Board of Supervisors of raj Second of Secmay instruct the Coun+i Counsel 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 specified in Item (d) of Exhibit I and to the street address of .the property described in Item (d) of Exhibit 1. Any subsequent title holder, any lien holder, or party in possession of the property sleal'1 at an address other also receive notice of such violation than as specified in Item ((i) filing with the Clerk of the Board of cf Exhibit I by Supervisors of Second Party the address to which the notice is to be sent, with reference Agreement and the Resolution authortzinq its e)cecution. to this '� y.',�h. 3 :y �:�' J' 1 f e :��ltt,���.�a r•'II. �YFl�� i g' � AGREEMENT THIS AGREEMENT made this 15th between "First Party", as identified day of October Agreement, and the COUNTY OF in item (a) . 1985, by and State of As BUTTE, a political subdivisOf Exh ion of Of this herein called "Second Party", W I T N E S S E T H WHEREAS, First Party is the owner called the "Property", situated t of real is described in Item ({) the Count Property herein Of Exhibit I of Y of BUttQ, which Property this Agreement.& and WHEREAS, the Property Exhibit 1; and is now zoned as specific in Item (b) of WHEREAS, First Part zoning of the Property Y has applied aor a reclassification of being reclassified from Pursuant to which a classification Present classificationon the Property is and or classifications specified in to the Item (c) of Exhibit 1; WHEREAS, Public hearings before the Board of Supervisors have been held u California of the Count upon said application and after havingY of butte, State of been determined that certain conditions tored ethetzoBu • of said real presented, !t has inimical eani tproherty must be imposed so as not to g reclassification Of Rutte, s safety and the general welfare ceate any problems of the County NOW.THEREFORE IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification specified being granted, the said reclassificationshalllbemsub) conditions s of Exhibit I is specified in the following paragraphs:iect to the incorpond effect as if 1'1 That Exhibit I, as completed and attached hereto, is rated into and made a part of this Agreement with the same force afully set forth herein. . That st Party shall followingconditionsconstruct and comply with all the activities .(pSoilcsurfaces exposed by construction and Y slopes) to be stabilized by: grading season. 1' Re -Vegetation as soon as possible prior to the rainy Page 2 2. Development of perimeter berms. 3• Preservation of existing vegetation outside of development areas. 2b. Stabilization of all road cuts. 2c. Roadside drainage and culverts should be constructed as part of all road construction. 2d• Storm water runoff channels to be stabilized with rock lining and energy -dissipating structures where necessary. e. Storm ter outfalls 2of roadsideaditches,energy dissipators shall be placed at 24. Limit only (April throughearthwork October),and grading activities to the dry season Disturbed gsoilTerminate esgwill rading beactivity prior to the rainy season. season with tarps or native grassestected during the winter rainy 2h• Minimize cut and fill excavation and large-scale site clearing pursuant to Appendix 70 of the Uniform Building Code. 21• Roadway locations should conform to terrain, following contours wherever feasible and avoiding steep embankment cuts. 2j• Existing on-site roads should be upgraded for access whenever possible, rather than cutting new roads. 2k• All requirements of the Butte County Fire Department/California Division of Forestry must be met. but is not This includes limited to the following; 1. Clearing of brush 30 feet from all structures. 2. Clearing of brush 10 feet Adjacent to all roads. ll roofs, exposed underfloorin projects shall •beAof fire -resistive construction9 and building must be 4. Adequate water pressure or water storage facilities provided on each parcel as a condition of development. S. and water storage Tfacilities oforfBCFD/CDFgacconne cessctions for all wells Page 3 21. New wells shall not be drilled near slope• of 40% . 2m. Future division of AP 51-10-106 shall designate the easterly 57 acres as a no -building area for residential structures with the exception of those areas with a slope of and accessible from Merchant's Bar Road, less than struct degrees n west hin 3fet of CoutolencRoad. ThissconditionCtot beevooidedbwhen tthe Paradise Rod and Gun Club moves -to a new location. o State and local pstatutes,sordinancest al So �,land lregulations. applicable 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 conditions of this Agreement within thirty Pe0)odaysrm naftertnotice thereof as provided in Paragraph S Party may instruct the Count ' the Board of Supervisors of Second legal proceedings to enfountyrce theunsel of Second Party to institute Board of Supervisors of Second Partyprovisions may a1 sof this Agreement. The o initirezone the property to the classification specifiedate in Item e(b)nof to i Exhibit I or any other suitable classification, t 4. Notice of violation ofE be sent to First Party at the addressospecifiedvisinsfinhItemg(d)moftExshll hibitI and to the street address of the property described in Item (d) of Exhibit I. Any subsequent title holder, any lien holder, or party in Possession of the property shall also receive notice of such violation at an address other than as specified in Item (d) filing with the Clerk of Exhibit I by 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 prons ofherein contained shall bind and inure toothe lbenefitthiofsthersuccessor 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. ATTEST: , T% Clerk of �` he Supervisors Poard of ------------------------ gene B -moven ----------- COUNTY OF PUTTS, a political subdivision of the State of Californi By __ \� C airper3on of the board of S pervisors "Second party„ Page 4 STAT[ OFCA LIF RATA Co" -Ty On this `� OF..... �.� .. day o/.. �'��"............ hundred and'4- the ear one thousand nine 8.� ......... before me, .... a Notary public. State of Cal�''�` appeared .......... . i0 {Y commissioned and sworn. personallY ............................ ............................ known to me to be the Peaon...., who <- ... . instrumento a<name..l ,?.... . *lo'the'w*....... and -acknowledged Iv ' tu6a¢r!b¢d to the within IN MTNESS `B '� that .....he..... executed t HEREOF I have he same. a/ o//ieial seat in the........ hereunto set mY hand I in cierti/icate Jirsf above tvr ... u Y . the y a year Co nt o/ , fixed my itten. da and raT, .:. Ned wad { Pub a•, State o kro Bement -Ce %Cali/orn(a ....... nerst IC C. SEC. t 19001 -" hIY commission expi•ea..� 9 p p d , .'�,J„r d•i�� lw4�i 4+h f d T' yr �t J�M' i �.� C t t e�'tfyt �' S�j' P� L� .O t � � i s 3s -, k f. bi'-• YA tr'wt 5,a,.a jj}f�.t�`' �c .� )d� !' ��Y'�.rr +q F•���lFt �F �''*f ��,+ t "l' X "i�,'„ Page �+-.•tip a+',1.7u ,-� '�, n ' EXHIBIT I Agreement ,x,:•,•:, '. FirBt Party', as used in this Agreement of the followin = , includes' 9 Eugene H. Even etal, each and all (bY The property is now zoned: P-0 and TM-20 (cY The zoning reclassification of the property is from its - - p zoning to: TM-5 resent (d) Notice to First Part addressed to: Pursuant to Paragraphs No addressedB. Even, 436 Green Oaks DriVshall dbe Ca. 95969. .vetParaise, (e) The change in zoning classification y shall be to: TM-5 Pursuant to Paragraph No. 4 (f) "Property", as used in this Agreement The SW 1/4 of • includes: therefrom the Wh1/2 Eof /thefWS1 /2 of he R1 / MDBM. Excepting' the NE 1/4 of said Section 18, the W 1/2 of 1/4 of the SW 1/4 of That portion of the SE 1/4 of the NE 1/4 of Sec, MDBM located N and W of the top of the bluff 'Fork. 18 T23N R4E of the Little West Containing 50 acres, mope or less, north of Paradise. 1. t �GIL r i !� a 1Hlt rA�l?i!i lal E l�ua ECJ October 9, 1992 Even Family Trust A I DG i\!A T URAL WEALTH AND BEAUTY Department Development 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 Eugene & Arleen Even Trustees ' 436 Green Oaks Drive Paradise, CA 95969 RE: Conditional Zoning Agreement (File #85-28 Eugene Even) Resolution 85-169 Dear Mr. and Mrs. Even: The 'Butte, County Planning Division has completed the annual review of Conditional Zoning Agreements. Your parcel has requirements that have not been met. Specifically, brush clearance from all roads to a depth of 10 feet must be accomplished. This includes Coutolenc Road, Cedar Pines Trail and the private drive serving Lot 8 of Coutolenc Canyon Estates, unit #2. Also, 30 foot clearance from all structures must be maintained. If you have any further questions, please contact this office. Sincerely, (r� Lisa Purvis -Wilson Planning Technician LPW:jlo V Page 2 2. Development of perimeter berms. 3• Preservation of existing development areas, vegetation outside of 2b, Stabilization of all road cuts, 2c• Roadside drainage and culverts should be constructed as Part of all road construction. 2d: Storm water runoff channels to be stabilized with rock lining and energy -dissipating structures where necessary, Outfalls2of roadsidewater ditches.energy dissipators shall be placed at L 2f. Limit earthwork and grading activities to the dry season only (April through October), 2g• Terminate grading activity Disturbed soil surfaces will be protectedrior during the wintersrainy. season with tarps or native grasses. 2h• Minimize cut and fill excavation and large-scale site clearing pursuant to Appendix 70 of the Uniform Building Code. 2i• Roadway locations should conform to terrain, following contours wherever feasible and avoiding steep embankment cuts. 2J. Existing on-site roads should be upgraded for access whenever possible, rather than cutting new roads. 2k. All requirements of the Butte County Fire Department/California Division of Forestry must be met. This incl but is not limited to the following; udes 1• Clearing of brush 30 feet from all structures, t 2• Clearing of brush 10 feet adjacent to all roads. 3. All roofs, exposed underflooring and building projects shall be of fire -resistive construction. 4. Adequate water pressure or water storage facilities• must be provided on each parcel as a condition of development. T and water storagefacilitiesoforfBCFD/CDFgacconnecessctions for all wells •rY 10 a RTN SECTIONS /7 A8, T. 21 N. R.4 E. M.D. B, . 956.03 339.08 - 653.65 __ L CEDAR PINES TRAIL IO 5.28AC 5 6 7 A a a / 7 /e /9 728.11 q 5.55AC $ h 5.01 AC q 37.82 AC 2 O 5.0/AC obti 735.69p 389.78 �,. to 33O 5.00AC a 140 8 0 677.53 IK 6.91AC 30.36 Ac 44O 5.00AC 4 c9 { COUTOLENC CA ON. ESTATES UNIT NO.2 (469.93) ` 426.87 (673.62) (1348.46) 25.43 e1 N88058,10"E I X09 00 ` . IOAC ' s 378.68 30 12 D /0 68.02AC 5.93 AC a b ch h M � l l 393.18A a 9h� 859.39 5.92AC c I 1841.98 0p - 1 2058.49 / 4 ' ` 22 8 � 5.25AC 20AC 3 c l3 �tv m 0 2 m 5.34AC N6/.07 AC rte,\ RS106-69 O _✓_�6 24 5.90AC .` /7 639.45 659.31 2075.41 �n I� COUTOLENC •,^ tet''° •,\_^ i- .� • • Z '�J.•;�� i' ?� i Coun -,- u to - �- _ice...... � ��•: { _ 'LAND OF NATUP,AL WEA LTH.'AN D BEA;U..T.v, Department of Development Services PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 • ` � . w - TELEPHONE: (916) 538-7601 1 October 9, 1992 Jim and Jacque Daily P.O. Box 405 Magalia, CA 95954 ; } - k • ' t RE:,, Conditional Zoning Agreement (File #85-28 Eugene Even) Resolution 85-169 r Dear Mr. and Mrs. Daily: The Butte County Planning Division has completed the annual review, of Conditional' Zoning Agreements. Your parcel has requirements that have not been met.' Specifically, brush clearance from all roads to a depth of 10 feet must be accomplished..° This includes Coutolenc Road, Cedar Pines Trail and the private drive serving Lot 8. of Coutolenc Canyon Estates, unit #2. Also, 30 foot clearance from all structures must' be ; maintained. If you have 'any further questions, please contact this office. r - Sincerely, Lisa Purvis -Wilson ' Planning Technician LPW:jlo _ f i - I c r Page 2 11 2* Development of perimeter berms.. 3• Preservation of existing vege development areas. tation outside of 2b. Stabilization of ail road cuts. ` 2c. Roadside drainage and culverts should be constructed as ` Part of all road construction. 2d. Storm water runoff channels lining and to be stabilized with_rock energy -dissipating structures where necessary. Storm water outfalls2of roadside-ditches.gy dissipators shall be placed at. earthwork2f- Limit only (April throughOctober'•and grading activities to the dry season Disturbed 29. Terminate esgrading ll beac'tivity prior to the rainy season. prl season with tarps or native grassestected during the winter rainy 2h. Minimize cut and fill excavation and large-scale site clearing pursuant to Appendix 70 of the Uniform Building Code. 2i• Roadway locations should conform to terrain, following contours wherever feasible and avoiding steep embankment cuts. 2J. Existing on-site roads should be upgraded for access whenever possible, rather than cutting new roads. 2k. All requirements of the Butte County Fire Department/California Division of Forestry must be met. This includes but is not limited to the following; Clearing of brush 30 feet from all structures. t Clearing of -brush 10 feet adjacent to all roads. 3. All roofs, exposed underflooring and buil-ding projects shall be of fire -resistive construction. 4. Adequate water pressure or water storage fa'c'ilities. Mustbe provided on each parcel as a condition of development. and waterstorageTfacilitiesoforfBCFD/CDFdrafting accessctions for all wells 595.43 l8l 4i a� 2 3 5.02AC _ 5.93AC 393.18 A 5.92 AC U 4 :mW @5.25AC s � -O O O V 23 c 5.34AC 24 ° ' M112- 6 5.90AC M 50 - 6 659.31 378.68 10 RTN SECTIONS 17 8 18, T. 21 N. R.4 E. M. C \eo h 68.02AC CEDAR PINES TRAIL 936.03 _ 339. d N 3 / 7 w 6 /B a 7 /9 li 5. SSAC $ h 5.01 AC n 37.82 AC 0p 859.3 9 " 1841.98 - .3! 2058.49 389.78 � • Jia+ 30 5 +a 8 .Po ► 486 26 a 25 20AC 61.07 AC &91A6 - h 30.36 Ac N . W 3 " COUTOLENC CA ON ESTATES UNIT NO.2 .' (673.62) (1348.46) l8 (469.93) 2075.41 N 88°58 X10" E I /•/111 Ti+. �' 378.68 0 l2 \eo h 68.02AC n 0 _ d N a li 0p 859.3 9 " 1841.98 - 2058.49 / �Q 5 20AC 61.07 AC N I W 3 " .' RS106-69 l8 /T639.45 . 2075.41 /•/111 Ti+. �' n October 9, 1992 Adrian Family Trust JG & Sara Adrian Trustees 3537 Utah Street San Diego, CA 92104 . utt e County LAND (D IF NATURAL WEAppLTH AND BEAUTY DeparPtLANNI G Development 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 . RE: Conditional Zoning Agreement (File #85-28 Eugene Even) Resolution 85-169 Dear Mr. and Mrs. Adrian: The Butte County Planning Division has completed the annual review of Conditional Zoning Agreements. Your parcel has requirements that have not been met. Specifically, brush clearance from all roads to a depth of 10 feet must be accomplished. This includes Coutolenc Road, Cedar Pines Trail and the private drive serving Lot 8 of Coutolenc Canyon Estates, unit #2. Also, 30 foot clearance from all structures must be maintained. If you have any further questions, please contact this office. Sincerely, Lisa Purvis -Wilson Planning Technician ' LPW:jlo 4, r Page 2 "2. Development of perimeter berms.. 3• Preservation of. existing vegetation. outside of development areas. 2b. Stab.ilization of all road cuts. 2c• Roadside drainage and culverts should be constructed as Part of all road construction. 2d• Storm water runoff channels to be stabilized with rock fining and energy -dissipating structures where necessary. e- Storm ter outfslls2of roadsideaditches.gy dlssipators shall be placed at earthwork2f. Limit only (April throughOctober),and grading activities to the dry season 2g• Terminate grading ac'tivit y to Disturbed soil surfaces will be protectedrior during the rainy season. season with tarps or native grasses. 9 the winter rainy 2h. Minimize cut and fill excavation and large-scale site Clearing pursuant to Appendix 70 of the Uniform Building Code. 21. Roadway locations should conform to terrain, following contours wherever feasible and avoiding steep embankment cuts. 2j. Existing on-site roads should be upgraded for access whenever possible, rather than cutting new roads. 2k• All requirements of the Butte County Fire Department/California Division of Forestry must be met. but is not limited to the following; This includes 82. Clearing .of, brush 0 feet from all structures. Clearing of brush 10 feet adjacent to all roads. S. All roofs, exposed underflooriog and building projects shall be of fire -resistive construction. 4• Adequate water -pressure or water storage. -Facilities must be provided on each parcel as.a condition of development. S. and water storage Tfacilitiesofor fBCFD/CDFgaccessctions for all wells -�- _ lAN D OF NATL)RAL W EALLTH AND B=A IJ TY r Department of Development Services 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 October 9, 1992 David & Suzanne Payne _ 5841 Abraham Avenue Westminster, CA 92683 RE: Conditional Zoning Agreement (File #85-28 Eugene Even) Resolution 85-169 Dear Mr. and Mrs. Payne: The Butte County Planning Division has completed the annual review of Conditional Zoning Agreements. Your parcel has requirements that have not been met. Specifically, brush clearance from all roads to a depth of 10 feet must be accomplished. This includes Coutolenc Road, Cedar Pines Trail and the private drive serving Lot 8 of Coutolenc Canyon Estates, unit #2. Also, 30 foot clearance from all structures must be maintained. If you have any further questions, please contact this office. Sincerely, Lisa Purvis -Wilson Planning Technician LPW:jlo Page 2 2. Development of perimeter berms. 3. Preservation of existing vegetation outside of development areas. 2b• Stabilization of all road cuts.' 2c. Roadside drainage and culverts should be constructed as Part of all road construction. 2d. Storm water runoff channels to be stabilized with rock lining and energy -dissipating structures where necessary. e. Storm outfalls2of roadsideater ditches.gY dissipators shall be placed at 2f. Limit eOctober),and grading activities to the dry season only (April through 2g• Terminate grading activity prior to the rainy season. Disturbed soil surfaces will be protected during the winter rainy season with tarps or native grasses. 2h• Minimize cut and fill excavation and large-scale site Clearing pursuant to Appendix 70 of the Uniform Building Code. 2i. Roadway locations should conform to terrain, following contours wherever feasible and avoiding steep embankment cuts. 2j• Existing on-site roads should be upgraded for access whenever possible, rather than cutting new roads. 2k. All requirements of the Butte County Fire Department/California Division of Forestry must be met. This includes but is not limited to the following; Clearing of brush 30 feet from all structures. L2.) Clearing of brush 10 feet adjacent to all roads. �. All roofs, exposed underflooring and building Projects shall be of fire -resistive construction. 4• Adequate water pressure or water storage facilities must be provided on each parcel as a condition of development. S. The and water storage facilitiesoforfBCFD/CDFdraftingacconne cessctions for all wells S{ ' e+yigG4f t e. { r �,'''. '^ '! .4+* .•. A x•r.'�:a,r".),..iC•i�v.�;'i, twe ..' y.. ! _. tri xw r? W j'a,S'}'!'".,�".a'i c}" ,i�+ If'�•. T'yy ;4• 5 - y^�•' Y - i 5 mss• ..f" - ..3 i .i:.r�+4A°ice•+t+,.► ` ��� :.•k)�I _'�r�'. •l�t�.. a' '`�`i° �.. a'1 +a'`�i?� ':`rl •�•l r! h 2-.:�• ,�*' . 3.yi r a sk tQ ,s;F' Y �`, c..." ail .5 - � •R r `•J�''�"R - ` 4 ��t � •Jt' +{':` P r 4 ti as • a�` e �i� g' F 34 i+i'f xrr' r . i^ wt7, "c" # ! Z�'.Y �N t ~L� ".4 .wry ,f �.,. G ?i.I '.� ,r. •kt �� r�l,' Y� :• � ��i'�;' ��rF{��t + t•�}Pv�.�- y • 4i (A } ♦�yy f4 fV' N ^Y I 4`"C �r ��A w'+ L ..t •r f � t t t �-, s�a� � tt'�1 ,� , r . ,±-s` •ol' �:L nar �ts^v � �, .�, �y�' �' � � i ' "•r S ;.r i. �, Y s"! J _ W� .:i rn ry t��•y.lF ;-� �, Sf� . { f' a». � q• al.µ ,,.,�+, � �..�tr,tc �, t, r rr' + ;h- ti ^fin �7: ^ r W t,a %z .i . `ref r...� 3 i y ! ,r w Yid YrT *r%"• c�iy Cf' _ fi'''r r�eL! 'r `i'`.`G;,t. t ya�au! 1' ��#;6t Mi` ,Ys�'":Sr" Ci; t '4.<t f bdi '.'fit z G 'Ai� M "',. .,,• .� ,li +c:t"� �I r�r ;i,s -AM • V 'F` .r *y .'"� j n },• �' •;;� � - y�' '.:•�I r n . t' - ✓ t �i''r4' 'i r ,,� xtar;`'jy.7ti$ "y'� Yfai a.+i3�}h{ ,`"..'ar�•ti,drw'tLfi1r7.•7. �.>ar�•iFy.`. � v . >trti1aad,'e�..�s xv• k•x ah na'�Tr;nl:t7�rkrt'i�aX��, a:�iA#+ryTl'•iet`i 3:4-, M�t.'h8 ? \'!\ t aa'�� .C'yA.- {'�..i .h.A`C��a�%+l -;:qF sf.�ik1r J ., v:•�.'-tIi R1+f.S '1F 6r-DepartmentalMmorandum �.r' +T-rr a-J,9a 4 j�••�t'- � `•k ��- f- i r '.. t 'W^,1. it^+"x•�Y"'}.�s+t+•,*"^^",7^'+�.s! i s r.f1 r 4 S - ,. w tSt at'lyraa:..0 �-+`r 'V.�e�•C. a..`fa*.+,.i.� ! .f ..i✓tr �r"ui .•+`ryl:4 a3 L "'ir•.+ n '.e .... lrti� +•}...s xs« i.•r.•4•.`:r - --c.:..:.ai.7-x:.�y rQ+ .3 :a.•,e-K -� µ :k7 -M.' ,;y..x.ryx}r�• �'' ' la..:4u' r \ H TO: 7t�.��S�t 1r�rr rF tMardiofiSupervisors >�t �,1 r r' r; ;..'MY . b _ » ��+-j �.. - .s«a W� Y.I..ni i .•" "" c••r".-.rT.f.--i�«•.r.n'r'7Y».r�l"'k.`.,,`„y-.tt-f wy".i'r _.'tt•,,, `"'.,..F-=r••1a - c'.�...i:,f`-�'rMr _ .'`y Z�.t . •'1, .- 3.� t a..i. 6. K. y -1 ky.. �...F S r...1.1 7�Lt' iuvia 1—�"S _ i .ta r ', . "" r ^Y :t`tif. �;" ' fir:ac -�w .q z kr! jar #..o... r f *' T 3 ?l�.'ky 1F .r.0 Y ''ar +iLt it r �� .rF ,� •«i t* FROM 1 Planrurig Staff }# *. ..�.•,.-..' .tr M4 •G: +r.a� it.- ' ,� r 3 x - 4+. wyA � tK • � ���!�Eg':t _�' Il{� ,r�1A t- .Lser••��+.,,�r.�. •�"`'t,t `.... � G t Al .."�..'z*:'i � r •a,i r.= w_, * b r ' c�,� t �� k .:l `y � t" •• SUBJECT ' Status=of Conditional Zoning Projects; File ti .r• ..t tt�, itt-i .j..r.. �w 1 .r, _''j ;9-J"m''t is �i_..i s '.`?,`'• �',�+*5-�..'•}: � t2.,r-'-- tr �'^t'a'�'',x h " ": -.:+-T s; �•,un. »c. t ,J..t ' •� ,�•j'� ri-L'"r-' :jL 2„r DATE �; :September 14,Y 1992 ;,�I-T t+.•�..<�,r��- •YF"�r -� rl �`.. �.. •, ' ° s: t a, �r- &L t `j � tF ' . a :._ tic •�'1. a".. -r` Cl-:�,�t '�3a r'�. f �' r., ?:. i_r t �1• +w tf } ,11%.r,�+ !i y� r fi- 4r r'r `t'47'y y �. �. Tr` - * r"' s ,i}}•S ri Saari'. 7 t - �'.�- "C t ', ..r •.', �.r �^ •"3-t_ ' i rr T4i r .•• k�tR'" w i.•- -„ 7 �'t' + 'r- + _ :r ,+.t'T d,.r y i �,•p4�w .it F•.yr'%�. '.: � ._ , - tw• -,r.r, , � �_. '�'t is e+w 1r 1 "� •r` t 1 . .. S ..p rty;'.: ..,a•n4 0. L'kF --•'.r f r'. W f ! F; S �. u AE tsT•!'' G _�..al. ..: },. }L "t�r....tci-y^t-i5:y_�{ ..r,».. ..«..., -' T ^♦. r`4s.:... •f! t,.,t :.il'. t a••. r.._.. _{:l. .s.; w..... ,3, {. .r. t.-.. r .. � 2- "';'.,-•�lM' tM -•z.•il:eL... �3.. �.a - - . ' - r t The following list are, projects that ,have• been approved with Conditional Zonifi j`;, The' z conditions must j be'i'eviewed "on 'aii annual • ,basis •pursuant' toy,Ordinance� #2394; I ` ,-deteimine� confo mancy with the individual agreements � This``men,0. isM to"update the{ � �� t«; yari}rival ;review`'for ,4992 L� Staff has?reviewed. tx' a g -eemerit'and"has found_"6� ` arcels riot" . _ l _ r ph _ r� in compliance -•with`• -,their. .'agreements: ' will. - These are` #66, 67, ?68, 69, 70, 'and 72. r Staff will • pursue these noncompliance situations.` wc....a :LPW:Ir..:P 4-1 i" _ ._ _ -_ a. _._ -: �-_ -r_� .'.»_•.:5=- .. se.: �«.----___ « :� i=�.•L: �z. r_a .. - _ _ .i ._rte-.:. -._ u=.-_?» i' •« r rwrarav+lM•ara.�w•la,Ohairv.� ... Yrs Y.Y.a4A_wIMY+.»► -. . -� � . *eY.-_ a, - .. +n w�. �....•..r uy�rF - r. �. aY. r w♦ .. 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Conditional Zoning Agreements Update September 1992 File # Res # AP # 1 87-34 87-87 006-350-022 2 87-34 87-87 006-350-023 3 87-34 87-87 006-350-024 4 88-47 88-188 006-500-011 5 88-47 88-188 006-500-012 6 88-47 88-188 006-500-013 7 88-47 88-188 006-500-014 8 88-47 88-188 006-500-015 9 85-27 85-37 007-300-001 .10 87-37 87-109_-007-410-017 11 87-37 87-109 007-410-018 12 87-37 87-109 007-410-019 13 87-37 87-109 007-410-020 14 88-29 88-162 036-510-020 15 88-29 88-162 036-510-044 16 87-46 87-263 030-200-026 17 87-46 87-263- 030-200-074 18 87-42 87-110 039-060-065 19-87-42 •87-110 039-060-093 20 87-42 87-110 039-060-094 21 87-42 87-110 039-060-120 22 87-42 87-110 039-060-121 23 88-20 88-065 039-540-001 24 88-20 '88-065 039-540-002 25 88-20 88-065 039-540-003 26 88-20 88-065 039-540-004 27 88-20 88-065 039-540-005 28 88-20 88-065 039-540-006 29 88-20 88-065 039-540-007 30 88-20 88-065 039-540-008 31 88-20 88-065 039-540-009 32 88-20 88-065 039-540-010 33 88-20 88-065 039-540-011 34 88-20 88-065 039-540-012 35 88-20 88-065 039-540-013 36 88-20 88-065 039-540-014 37 88-20 88-065 039-540-015 38 88-20 88-065 039-540-016 39 88-20 88-065 039-540-017 40 88-20 88-065 039-540-018 41 88-20 88-065 039-540-019 42 88-20 88-065 039-540-020 43 88-20 88-065 039-540-021 44 89-44 90-16 039-540-028 45 89-44 90-16 039-540-029 46 89-44 90-16 039-540-030 47 89-44 90-16 039-540-031 48 89-44 90-16 039-540-032 49 89-44 90-16 039-540-033 50 89-44 90-16 039-540-034 51 89-44 90-16 039-540-035. 52 90-34 90-157 040-490-002 53 90-32 91-36 041-080-030 54 91-04 91-71 041-080-127 55 89-6 88-187 041-080-037 56 87-38 87-235 042-140-114 57 89-12 89-015 055-290-081 58 90-12 91-25 056-040-027 59 84-1 84-165 056-280-043 60 84-1 84-165 056-360-020 61 84-1 84-165 056-360-021 62 85-28 85-169 058-810-001 63 85-28 85-169 058-810-002 64 85-28 85-169 058-810-003 65 85-28 85-169 058-810-004 66 85-28 85-169 058-810-017 67 85-28 85-169 058-810-018 Permits Former AP # Zone ----- Owner Name ----------- Bldg ----- Hlth- ----- LD --- (if any) ----------- - Greenberg All Conditions Met - Greenberg All Conditions Met - Greenberg All Conditions Met SR/HC Enloe 0 3/84 0 006-500-001 OK SR/HC Webb Homes 0 0 0 006-500-001 OK HC Kenyon 3/92 2/89 0 006-500-001 OK. HC Bartram 12/89 0 0 006-500-001 OK HC Bartram 0 _ 0 3/89 006-500-001 OK . - Auerbach All Conditions Met - Bolster All Conditions.Met - Bolster All Conditions Met - Bolster All Conditions Met . - Bolster All Conditions Met' ' Mt Ielati new app 6/92 0 0 ' in conformance M1 Ielati 6/91 12/88 0 in conformance C2/R3 Hamner 0 0 0 in conformance C2/R3 Vance 0 0 5/79 in conformance PO Brusie Inc 6/91 6/85 0 39-06-35,70,71 OK PC Brusie Inc 8/91 0 0 39-06-35,70,71 OK SRI Brusie Inc . 0 0 0 39-06-35,70,71 OK M1 Detco Steel 6/76 0 0 39-06-35,70,71 OK M1 Thorpe . 4/75 0 0 39-06-35,70,71 OK SRI Brines 0 0 0 039-240-040 OK SRI Coutts 2/92 11/91_ 0 039-240-040 bK SRI Thompson 0- 0 0 039-240-040 OK . SRI Forberg expired 8/91 8/89 0 039-240-040 OK SRI Hall 1/90 10/89 0 039-240-040 OK SRI Anderson 5/92 1/92 0 039-240-040 OK SRI Davis 11/89 10/89 0 039-240-040 OK SRI Leger 5/90 1/90 0 039-240-040 OK SRI Anderson 2/92 1/92 0 039-240-040 OK SR1 Durham Vly Dev C 0 0 0 039-240-040 OK SRI Balogh not final 5/92 5/92 0 039-240-040 OK SRI Durham Vly Dev C 0 0 0 039-240-040 OK SRI Lisk 8/91 5/91 0 039-240-040 OK' SRI Payne 4/91 0 0 039-240-040 OK SRI Pratt 6/90 2/90 0 039-240-040 OK SRI Zanette 2/92 2/91 0 039-240-040 OK SRI Moore 1/91 10/90 0 039-240-040 OK SRI Megibow 12/91 3/90 0 039-240-040 OK SRI Blakemore 10/91 12/91 0 039-240-040 OK SRI Norman 2/91 5/90 0 039-240-040 OK SRI Durham Vly Dev C 0 0 0 039-240-040 OK SRI Black 1-/91 7/92 0 039-240-020 OK SRI Carey not final 3/93 6/92 0 039-240-020 OK SRI Black 0 0 0 039-240-020 OK SRI Dilbeck 1/92 4/91 0 039-240-020 OK SRI Sickels 1/92 11/90 0 039-240-020 OK SRI Black not final 4/92 5/92 0 039-240-020 OK SRI Arbuckle not fnl 3/92 4/92 0 039-240-020 OK SRI Smith not final12/91 11/91 0 039-240-020 OK M1 Wheelock 0 0 0 in conformance FR5 Amerine Fam Tst 0- 0 4/91 in conformance FR5 Courtain not fnl 4/92 6/92 1/89 in conformance FR5 Heredia 3/87 6/79 0 in conformance C1 George 0 0 2/81 in conformance ARMH1 Barnett 6/84 0 7/87 055-290-044 OK TM1 Oliver 10/84 0 0 in conformance TM1 Althoff 0 0 4/91 in conformance TM1 Koenig 3/85 0 9/85 in conformance TM1 Koenig 10/90 0 9/85 in conformance TM5 Tange 8/89 0 0 in conformance TM5 Laufer 5/91 0 0 in conformance TM5 Fullerton 0 0 0 in conformance TM5 Noble 0 0 0 in conformance TM5 Daily 5/89 5/88 0 58-81-05,06 needs brush clearance TM5 Payne 0 0 0 58-81-05,06 needs brush clearance 68 85-28 85-169 050-810-019 TM20 Adrian 69 85-28 85-169 050-810-025 TM20 Even 70 85-28 85-169 050-810-026 TM20 Even 71 86-4 86-53 059-050-022 TM20 L.P. Corp 72 84-71 84-193 063-090-018 TM1. Hunsaid 73 83-81 84-139 065-010-067 TM20 Berndt 74 83-81 84-139 065-010-068 TM20 Berndt 75 83-81 84-139 065-010-069 TM20 Berndt 76 83-81 84-139 065-010-070 TM20 Berndt 77 87-18 87-73 071-430-029 FR2 Mitchell 78 88-19 89-018- 072-250-037 FR5 Holmes 79 88-19 89-018 072-250-038 FR5 Varasteh 80 88-19 89-018 _072-250-039 FR10,5 Varasteh 81 88-19 89-018 072-250-040 FR10,5 Ott 82 88-19 89-018 072-250-041 FR5 Goodman 83 88-19 89-018 072-250-042 FR5 Shryne 84 88-19 89-018 072-250-043 FR10,5Morgan 85 88-19 89-018 072-250-044-FR10,5Morgan 86 88-19 .88-26 072-260-112 FR10 Berger- wp f le: -agmnt supervisors 8/26/92 LPW 7/90 8/88 0 58-81-05,06 needs brush clearance 0 0 0 58-81-05,06 needs brush clearance 0 0 0 58-81-05,06 needs brush clearance All conditions met 7/85 0 0 conditions not met 0 0 0 065-010-020 OK 0 0 0 065-010-020 OK 0 0 0 065-010-020 -OK 0 0 0 065-010-020 OK 0 10/85 0 parcel map is dead 1/90 12/89 .-0 in conformance 0 0 -4/89 in conformance 0 _ 0 4/89 . in conformance 0 0 0 in conformance 5/92 5/92 0 in conformance 0 0 0 in conformance 10/89 0 4/89 in conformance 0 - 0 4/89 in conformance 10/91 6/91 0 ..in conformance Conditional Zoning Agreements Update September 1992 Permits Former AP # File # Res # AP # Zone Owner Name Bldg Hlth LD (if any) 1 ------ 87-34 ---- 87-87 ----------- 006-350-022 ----- - ----------- Greenberg ----- ----- --- All Conditions Met ----------- 2 87-34 87-87 006-350-023 - Greenberg All Conditions Met 3 87-34 87-87 006-350-024 - Greenberg All Conditions Met 4 88-47 88-188 006-500-011 SR/HC Enloe 0 3/84 0 006-500-001 OK 5 88-47 88-188 006-500-012 SR/HC Webb Homes 0 0 0 006-500-001 OK 6 88-47 88-188 006-500-013 HC Kenyon 3/92 2/89 0 006-500-001 OK 7 88-47 88-188 006-500-014 HC Bartram 12/89 0 0 006-500-001 OK 8 88-47 88-188 006-500-015 HC Bartram 0 0 3/89 006-500-001 OK 9 85-27 85-37 007-300-001 - Auerbach All Conditions Met 10 87-37 87-109 007-410-017 - Bolster All Conditions Met 11 87-37 87-109 007-410-018 - Bolster All Conditions Met 12 87-37 87-109 007-410-019 - Bolster All Conditions Met 13 87-37 87-109 007-410-020 - Bolster All Conditions Met 14 88-29 88-162 036-510-020 M1 Ielati new app 6/92 0 0 in conformance 15 88-29 88-162 036-510-044 M1 Ielati 6/91 12/88 0 in conformance 16 87-46 87-263 030-200-026 C2/R3 Hammer 0 0 0 in conformance 17 87-46 87-263 030-200-074 C2/R3 Vance 0 0 5/79 in conformance 18 87-42 87-110 039-060-065 PG Brusie Inc 6/91 6/85 0 39-06-35,70,71 OK 19 87-42 87-110 039-060-093 PG Brusie Inc 8/91 0 0 39-06-35,70,71 OK 20 87-42 87-110 039-060-094 SRI Brusie Inc 0 0 0 39-06-35,70,71 OK 21 87-42 87-110 039-060-120 M1 Detco Steel 6/76 0 0 39-06-35,70,71 OK 22 87-42 87-110 039-060-121 M1 Thorpe 4/75 0 0 39-06-35,70,71 OK 23 88-20 88-065 039-540-001 SRI Brines 0 0 0 039-240-040 OK 24 88-20 88-065 039-540-002 SRI Coutts 2/92 11/91 0 039-240-040 OK 25 88-20 88-065 039-540-003 SRI Thompson 0 0 0 039-240-040 l OK 26 88-20 88-065 039-540-004 SRI Forberg expired 8/91 8/89 0 039-240-040 OK 27 88-20 88-065 039-540-005 SRI Hall 1/90 10/89 0 039-240-040 OK 28 88-20 88-065 039-540-006 SRI Anderson 5/92 1/92 0 039-240-040 OK 29 88-20 88-065 039-540-007 SRI Davis 11/89 10/89 0 039-240-040 OK 30 88-20 88-065 039-540-008 SRI Leger 5/90 1/90 0 039-240-040 OK 31 88-20 88-065 039-540-009 SRI Anderson 2/92 1/92 0 039-240-040 OK 32 88-20 88-065 039-540-010 SRI Durham Vly Dev C 0 0 0 039-240-040 OK 33 88-20 88-065 039-540-011 SRI Balogh not final 5/92 5/92 0 039-240-040 OK 34 88-20 88-065 039-540-012 SRI Durham Vly Dev C 0 0 0 039-240-040 OK 35 88-20 88-065 039-540-013 SRI Lisk 8/91 5/91 0 039-240-040 OK 36 88-20 88-065 039-540-014 SRI Payne 4/91 0 0 039-240-040 OK 37 88-20 88-065 039-540-015 SRI Pratt 6/90 2/90 0 039-240-040 OK 38 88-20 88-065 039-540-016 SRI Zanette 2/92 2/91 0 039-240-040 OK 39 88-20 88-065 039-540-017 SRI Moore 1/91 10/90 0 039-240-040 OK 40 88-20 88-065 039-540-018 SRI Megibow 12/91 3/90 0 039-240-040 OK .41 88-20 88-065 039-540-019 SRI Blakemore 10/91 12/91 0 039-240-040 OK 42 88-20 88-065 039-540-020 SRI Norman 2/91 5/90 0 039-240-040 OK 43 88-20 88-065 039-540-021 SRI Durham Vly Dev C 0 0 0 039-240-040 OK 44 89-44 90-16 039-540-028 SRI Black 1-/91 7/92 0 039-240-020 OK 45 89-44 90-16 039-540-029 SRI Carey not final 3/93 6/92 0 039-240-020 OK 46 89-44 90-16 039-540-030 SRI Black 0 0 0 039-240-020 OK 47 89-44 90-16 039-540-031 SRI Dilbeck 1/92 4/91 0 039-240-020 OK 48 89-44 90-16 039-540-032 SRI Sickels 1/92 11/90 0 039-240-020 OK 49 89-44 90-16 039-540-033 SRI Black not final 4/92 5/92 0 039-240-020 OK 50 89-44 90-16 039-540-034 SRI Arbuckle not fnl 3/92 4/92 0 039-240-020 OK ° 51 89-44, 90-16 039-540-035 SRI Smith not final12/91 11/91 0 039-240-020 OK 52 90-34 90-157 040-490-002 M1 Wheelock 0 0 0 in conformance 53 90-32 91-36 041-080-030 FR5 Amerine Fam Tst 0 0 4/91 in conformance 54 91-04 91-71 041-080-127 FR5 Courtain not fnl 4/92 6/92 1/89 in conformance 55 89-6 88-187 041-080-037 FR5 Heredia 3/87 6/79 0 in conformance 56 87-38 87-235 042-140-114 C1 George 0 0 2/81 in conformance 57 89-12 89-015 055-290-081 ARMH1 Barnett 6/84 0 7/87 055-290-044 OK 58 90-12 91-25 056-040-027 TM1 Oliver 10/84 0 0 in conformance 59 84-1 84-165 056-280-043 TM1 Althoff 0 0 4/91 in conformance 60 84-1 84-165 056-360-020 TM1 Koenig 3/85 0 9/85 in conformance 61 84-1 84-165 056-360-021 TM1 Koenig 10/90 0 9/85 in conformance 62 85-28 85-169 058-810-001 TMS Tange 8/89 0 0 in conformance 63 85-28 85-169 058-810-002 TM5 Laufer 5/91 0 0 in conformance 64 85-28 85-169 058-810-003 TM5 Fullerton 0 0 0 in conformance 65 85-28 85-169 058-810-004 TM5 Noble 0 0 0 in conformance 66 85-28 85-169 058-810-017 TM5 Daily 5/89 5/88 0 58-81-05,06 needs brush clearance 67 85-28 85-169 058-810-018 TM5 Payne 0 0 0 58-81-05,06 needs brush clearance E 68 85-28 85-169 050-810-019 TM20 Adrian 7/90 8/88 0 58-81-05,06 needs brush clearance 69 85-28 85-169 050-810-025 TM20 Even 0 0 0 58-81-05,06 needs brush clearance 70 85-28 85-169 050-810-026 TM20 Even 0 0 0 58-81-05,06 needs brush clearance 71 86-4 86-53 059-050-022 TM20 L.P. Corp All conditions met 72 84-71 84-193 063-090-018 TM1 Hunsaid 7/85 0 0 conditions not met 73 83-81 84-139 065-010-067 TM20 Berndt 0 0 0 065-010-020 OK 74 83-81 84-139 065-010-068 TM20 Berndt 0 0 0 065-010-020 OK 75 83-81 84-139 065-010-069 TM20 Berndt 0 0 0 065-010-020 OK 76 83-81 84-139 065-010-070 TM20 Berndt 0 0 0 065-010-020 OK 77 87-18 87-73 071-430-029 FR2 Mitchell 0 10/85 0 parcel map is dead 78 88-19 89-018 072-250-037 FR5 Holmes 1/90 12/89 0 in conformance 79 88-19 89-018 072-250-038 FR5 Varasteh 0 0 4/89 in conformance 80 88-19 89-018 072-250-039 FR10,5 Varasteh 0 0 4/89 in conformance 81 88-19 89-018 072-250-040 FR10,5 Ott 0 0 0 in conformance 82 88-19 89-018 072-250-041 FR5 Goodman 5/92 5/92 0 in conformance 83 88-19 89-018 072-250-042 FR5 Shryne 0 0 0 in conformance 84 88-19 89-018 072-250-043 FR10,5Morgan 10/89 0 4/89 in conformance 85 88-19 89-018 072-250-044 FR10,5Morgan 0 0 4/89 in conformance 86 88-19 88-26 072-260-112 FR10 Berger 10/91 6/91 0 in conformance wp file: agmnt supervisors 9/2/92 LPW E u Development and Conditional Zoning Agreement File Updates September 1992 Development Agreements _ Permits Former AP# File # Res # AP # Zone Owner Name Bldg Hlth LD (if any) ------ ------- ----------- ---- -------------- --- --- -------------- 1 91-03 025-160-111 M2 Robinson (CA) 0 0 0 in conformance 2 91-03 025-230-101 M2 Robinson (CA) 0 0 0 in conformance , 3 91-03 025-230-102 M2 Robinson (CA) 0 0 0 in conformance 4 83-25 040-490-008 M1 Wood 5/86 3/86 0 in conformance 5 83-25 040-490-010 M1 F8C Beverages 12/90 8/90 0 in conformance 6 83-25 040-490-017 M1 Newport Federal 0 0 0 in conformance 7 83-25 040-490-018 M1 Austin Fam Tst 0 0 0 in conformance 8 86-6 040-570-011 M1 Davis 0 0 0 40-57-07,09 9 86-6 040-570-012 M1 D-D Indust Part 0 0 0 40-57-07,09 10 86-6 040-570-013 M1 D-D Indust Part 5/91 0 0 40-57-07,09 install landscaping 11 84-35 041-120-102 CC Retzer 0 10/84 0 need to install landscaping 12 89-27 048-010-037 M1 Reed 0 0 0 in conformance' 13 89-27 048-010-038 M1 Reed 0 0 0 in conformance 14 89-27 048-010-042 M1 Brown 0 11/91 0 in conformance 15 89-27 048-010-053 M1 Reed 1/69 0 0 in conformance- 16 89-27 048-010-054 M1 Reed 8/73 0 0 in conformance , 17 89-27 048-010-056 M1 Whitchurch 2/92 0 0 in conformance 18 89-27 048-010-057 M1 Whitchurch 2/66 0 0 in conformance 19 89-27 048-010-059 M1 Waddle 0 0 0 in conformance 20 89-27 048-010-060 M1 Waddle 0 0 0 in conformance 21 84-66 048-400-007 R4 Miller 11/85 0 0 in conformance 22 90-19 92-21 047-270-023 C2 Anderson Bros. 0 0 in conformance 23 90-19 92-21 047-270-027 C2 Anderson Bros. 0 0 in conformance wp file: agmnt commission 9/2/92 LPW - •ENVIRONMENTAL HEALTH Planning Department INTER-DEPARTMENTAL MEMORAND 1 3 1992 J U L 0 7 1992 Orovilie, California CHICO, CALIFORNIA TOButte County Health • Department Dawyn, Butte County Health Department, Paradise Office ; -F4tQM=- �� Lisa Purvis-Wilson, Planning Departmenf DATE: July 6, 1992 ; Enclosed is a list of parcels that have agreements with the Planning Department. I need to find out if and when a septic permit might have been issued for each parcel. A month and year date, if issued, and 0 if never issued. I have sent this same request to Oroville, ' Chico and Paradise offices, so , only those parcels in your area need to be addressed. I must write a report on each parcel- by mid- July, so if I could get this back soon I would be most grateful. Thank You, Lisa Purvis-Wilson Uki Planning Technician r LPW:jlo 1 ��hco Development and Conditional Zoning Agreement File Updates June 1992 Permits Development Agreements . File # Res # AP # Zone Units Owner Name Bldg Hlth'";, LD (if any) ------ 1 87-34 Permits Former = File # Res # AP # Zone Units Owner Name Bldg Hlth LD (if any) ------------- 1 91-03 ----------- ---- 025-160-111 ----- M2 -------------- 0 Robinson (CA) -- 0 --- 0 ----------- 2 91-03 025-230-101 M2 0 Robinson (CA) - 0 0 Met 3 91-03 025-230-102 M2 0 Robinson (CA) 0 0 318,(e 4 83-25 040-490-008 M1 1 Wood 5/86 3/86 0 0 Webb Homes 5 83-25 040:_490--0.10-- Mi 0 F&C Beverages 12/90 8/90 0 I CIO 6 83-25 040-490-017--- M1 0 Newport Federal 0 0 p - 7 83-25 X40-490-018 M1 0 Austin Fam Tst 0 0 0 HC 8 84-35 —04ITlYO-102 cc 1 Retzer 0 0 007-300-001 9 89-27 048-010-037 M1 0 Reed 0 0 C 10 89-27 048-0 - 8 M1 0 Reed 0 0 0 11 89-27.048_OJ-O.0 .2_M1 - 1 Brown 0 Met 12 89-27 048-010- 53 M1 0 Reed 1/69 0 D 13 89-27 -O 8-010-054 M1 0 Reed 8/73 0 All Conditions 14 89-27 048-010-054 M1 1 Whitchurch 2/92 0 1 Ielati new app 6/92 15 89-27 048-0]OyQ57 M1 0 Whitchurch 2/66 0 1 Ielati 16 89-27 048-010-059 M1 0 Waddle 0 0 10 17 89-27 .048-010-06.0 M1 0 Waddle 0 0 O 18 84-66 048-400-007 R4 1 Miller 11/85 0 O 19 86-6 ? 6/91 Billingsly p D 19 87-42 87-110 20 90-19 92-21 047-270-023 C2 Anderson Bros. / 0 20 87-42 21 90-19 92-21 1047-27b--U2'7---C2 S 1 Anderson Bros. 0 0 Conditional Zoning Agreements Permits Former AP # . File # Res # AP # Zone Units Owner Name Bldg Hlth'";, LD (if any) ------ 1 87-34 ---- 87-87 ----------- 006-350-022 -------- - ----------- - Greenberg --- All Conditions --- ----------- Met �lP 2 87-34 87-87 ', 006-350-023 _ - Greenberg All Conditions Met 3 87-34 87-87 006-350-024 - Greenberg All Conditions Met ''11 3��1 4 88-47 88-188 006-500-011 SR/HC 1 Enloe 0 0 006-500-001 5 88-47 88-188 Q06 500-012 SR/HC 0 Webb Homes 0 0 006-500-001 O 6 88-47 88-188 3_K 0 Kennon 3/92 0 006-500-001 � $�- 7 88-47 88-188 - C_0 -Bartram I;I/89 n 0,0.6S00:001 8 88-47 88-188 :.006-500-015 HC 0 Bartram 0 3/89 006-500-001 a 9 85-27 85-37 007-300-001 - - Auerbach All Conditions Met 10 87-37 87-109 007-410-017 - - Bolster All Conditions Met cv��Q 11 87-37 87-109 007-410-018 - - Bolster All Conditions Met 12 87-37 87-109 007-410-019 - - Bolster All Conditions Met 13 87-37 87-109 007-410-020 - - Bolster All Conditions Met 14 88-29 88-162 036-510-020 M1 1 Ielati new app 6/92 0 , 15 88-29 88-162 036-510-044 M1 1 Ielati 6/91 0 16 87-46 87-263 030-200-026 C2/R3 1 Hammer 0 0 17 87-46 87-263 030-200-074 C2/R3 1 Vance 0 5/79 Se 1 $5 18 87-42 87-110 -„039-060-06$ PG 1 Brusie Inc 6/91 0_39-.0!0:-3-5-,.7-0.,.71 19 87-42 87-110 .039 09� 0Rru ipI.nc 8/91 0 39-06-35_,_70,71 20 87-42 8T-110 �39i Oq-094 S 1 1 Brusie Inc 0 0 39-06-35,10.,71 21 87-42 87-110 ,03-Ob0-j2 M1 0 Detco Steel 6176 p_3.9_0&M 7-0,.7_1 22 87-42 87-110 O-Jhor_. 4/J5 0_39_06c35.,.7.0.,.7_1—� 23 88-20 88-065 039- 4 -0, SR1 0_B.r_i,nes 0 0 039_2.40_0.40 fl 24 88-20 88-065 A39_S.SR1 0 Coutts 2/92 0 039-240-040 25 88-20 88-065 .Q39_5_40=003_SR1 0_Thomson 0 0 039-240-040 p 26 88-20 88-065`Q39� 54 Q44_SR1_�_Forberc expired 8/91 0 039-240-040 $ jikei 27 88-20 88-065 0-i4�5bOs0A5—SR] 1 Hall 1/90 0 039-240-040 1(2 1 ylL2j 28 88-20 88-065 ,Qi2:5�40]Qb_lt]�.Anderson 5/92 0 039-240-040 .1e�_ 29 88-20 88-065 Q30 SRI i navig 11/89 —0-0321240-04� 30 88-20 88-065 03` 9- 0-008. SR1 1 Leger 5/90 0 039-240-040 l j 31 88-20 88-065 039-540-009 SR1 1 Anderson 2/92 0 039-240-040 1laa - 32 88-20 88-065 �03�9-5 0-0 0 SR1 0 Durham VIM Oev C 0 0 039-240-040 33 88-20 88-065 0U9j�%0-011 SRI 0 Balogh not final 5/92 0 039-240-040 34 88-20 88-065 ,9_540-012 SR1 0 Durham Vly Dev C 0 0 039-240-040 35 88-20 88-065 039-540-013 SR1 0 Lisk 8/91 0 039-240-040 15) 9 i 36 88-20 88-065 U39-540-014 SR1 1 Payne 4/91 0 039-240-040 37 88-20 88-065 •033,9-540-015 SRI 1 Pratt 6/90 -0-03-r-707040 ` 38 88-20 88-065 A2-5401- A SRI 2 Zanette U22 0039,2.4 0 39 88-20 88-065 0;o -54O-0117 SR_—O-looce 1,49-1 0 039_240-040 1� l9/a 40 88-20 88-065 0.3.9_540-018 sRt 1-legahow- 12/91 0-039_24.0_040 i q 41 88-20 88-065 039-540-019 SRI 0 Blakemore 1Q/91 a e;9_24.0_040 12 IQ 1 42 88-20 88-065 ,• 39-540-020 SR1 1 Normae 2/91_ 0_039=240_040 5 n 43 88-20 88-065,J1�9-540-021 SR1 0_ourham_V_ly Dev C 0 0 039-240-040 6 44 89-44 90-16 _D39_- 5-0=028 SRI 0 Black 1.Z/-91. 0_039--240-020 45 89-44 90-16 QIR=549-Q29 SB.1_O-Catey—nat-find-3,49q -n 039=24.0=020 (o�-:)_ 46 89-44 90-16 0, 3 _540-030 SR1 0 Black 0 003:9;240_920 47 89-44 90-16 9-540-03j SRI -1 ni.1b*_Ck 1/-9.2 0 039_240_020 �— 48 89-44 90-16 _039:540:032 SR1 1 Sarlrels 1/92 0 039_240=020---J I QiQ 49 89-44 90-16 039,^_540-033 SRI 0 Rlack_nat-ti.na.l-4/92 0 03940:02-0 50 89-44 90-16 9-54Q-034 S_R 0 ACWc e t41�/92 0 03s24.0--02 51 89-44 90-16 0�39-540-035 SR 40-0202 52 90-34 90-157 O_40 -490=0.n2 wt OJdh"Lock 0 Q_ d 53 90-32 91-36 041-080-030 FR5 0 Amerine Fam Tst 0 4/91 54 91-04 91-71 041-080-127 FR5 0 Courtain not fnl 4/92 1/89 55 89-6 88-187 041-080-037 FR5 1 Heredia 3/87 0 56 87-38 87-235 �- 4QJJ4----Ca O-George0 2/R1 57 89-12 89-015 055-290-081 ARMH1 1.Barnett 6/84 7/87 055-290=044 58 90-12 91-25 056-040-027 TM1 1 Oliver .10/84 0 59 84-1 84-1656-280-043 Tull 1 l .6S 0 4 l �- 60 84-1 84-165 056-3-60 020 TM1 to 1 Koenig 3/85 9/85 l�'{ 61 84-1 84-165 Q56-360_02]_TM] LKoepi.g 10%90 9/_85 62 85-28 85-169 058-8107001 TM5 1 Tange 8/89 0 63 85-28 85-169 058-810-002 TM5 0 Laufer 5/91 0 64 85-28 85-169 058-810-003 TM5 0 Fullerton 0 0 65 85-28 85-169 058-810-004 TM5 0 Noble 0 0 66 85-28 85-169 058-810-005 TM5 0 Even 0 0 67 85-28 85-169 058-810-006 Multi 0 Even 0 0 68 86-4 86-53 059-050-022 TM20 1 L.P. Corp All conditions met Sy' -11F -69 84-71 84-193 0630QfL--018 7M1 1 -!unsaid 7/85 0 70 83-81 84-139 065-010-067 TM20 0 Berndt 0 0 065-010-020 71 83-81 84-139 065-010-068 TM20 0 Berndt 0 0 065-010-020 72 83-81 84-139 065-010-069 TM20 0 Berndt 0 0 065-010-020 73 83-81 84-139 065-010-070 TM20 0 Berndt 0 0 065-010-020 74 87-18 87-73 071-430-029 FR2 1 Mitchell 0 0 071-340-027,028 75 89-19 897018 072-250-037 FR5 0 Holmes 1/90 0 76 89-19 89-018 072-250-038 FR5 0 Varasteh 0 4/89 77 89-19 89-018 072-250-039 FR10,5 0 Varasteh 0 4/89 78 89-19 89-018 072-250-040 FR10,5 0 Ott 0 0 79 89-19 89-018 072-250-041 FRS 0 Goodman 5/92 0 80 89-19 89-018 072-250-042 FRS 0 Shryne 0 0 81-89-19 89-018 072-250-043 FR10,5 0 Morgan 10/89 4/89 82 89-19 89-018 072-250-044 FR10,5 0 Morgan 0 4/89 83 89-19 88-26 072-260-112 FR10 0 Berger 10/91 0 �. • ENVIRONMENTAL H LTH 9 192 JUL - 7 1992. C�9it�x�ai� INTER-DEPARTMENTAL MEMORANDUM PARADISE, CALIFORNIA Gail, Butte County Health Department Dawyn, Butte County Health Department, Paradise Office . —7-D Lisa Purvis-Wilson, Planning Department DATE: July 6, 1992 Enclosed is a list of parcels that have agreements with the Planning Department. I need to find out if and when a septic permit might have been issued for each parcel. A month and ,year date, if issued, and 0 if never issued. I have sent this same request to Oroville,' Chico and Paradise offices, so only those parcels in` your area need to be addressed. I must write a report on each parcel by mid July, so if I could get this back soon I would be most grateful. Thank You, Lisa Purvis-Wilson Planning Technician LPW:jlo Development and Conditional Zoning Agreement File Updates June 1992 DeveLopmentAgreements Permits Former File # Res # ------------- AP # Zone Units Owner Name ----------- ---- ------------------- Bldg Hlt ---c-- 3 LD (if any) --- ----------- 1 91-03 025-160-111 M2 0 Robinson (CA) 0 0 2 91-03 025-230-101 M2 0 Robinson (CA) 0 0 3 91-03 025-230-102 M2 0 Robinson (CA) 0 0 4 83-25 040-490-008 M1 1 Wood 5/86 3/86 0 5 83-25 040-490-010 M1 0 F8C Beverages 12/90 8/90 0 6 83-25 040-490-017 M1 0 Newport Federal 0 0 7 83-25 040-490-018 M1 0 Austin Fam Tst 0 0 0 8 84-35 041-120-102 CC 1 Retzer 0 0 9 89-27 048-010-037 M1 0 Reed 0 0 10 89-27 048-010-038 M1 0 Reed 0 0 11 89-27 048-010-042 M1 1 Brown 0 0 12 89-27 048-010-053 M1 0 Reed 1/69 0 13 89-27 048-010-054 M1 0 Reed 8/73 0 14 89-27 048-010-056 M1 1 Whitchurch 2/92 0 15 89-27 048-010-057 M1 0 Whitchurch 2/66 0 16 89-27 048-010-059 M1 0 Waddte 0 0 17 89-27 048-010-060 M1 0 Waddle 0 0 18 84-66 048-400-007 R4 1 Miller 11/85 0 19 86-6 1 88-162 Billingsly M1 1 Ielati new 20 90-19 92-21 047-270-023 C2 Anderson Bros. 88-162 0 21 90-19 92-21 047-270-027 C2 Anderson Bros. 0 PA- ENVIRONMENTAL HEALTH J U L - 7 1992 PARADISE, CALIFORNIA Conditional Zoning Agreements Permits Former AP # File # ------ Res # ---- AP # ----------- Zone ----- Units Owner Name -------------- Bldg Hlth ----- ----- LD --- (if any) ------=---- 1 87-34 87-87 006-350-022 - - Greenberg All Conditions Met S�lp 2 87-34 87-87 006-350-023 - - Greenberg All Conditions Met 13 87-34 87-87 006-350-024 - - Greenberg All Conditions Met 4 88-47 88-188 006-500-011 SR/HC 1 Enloe 0 0 006-500-001 5 88-47 88-188 006-500-012 SR/HC 0 Webb Homes 0 0 006-500-001 6 88-47 88-188 006-500-013 HC 0 Kenyon 3/92 0 006-500-001 7 88-47 88-188 006-500-014 HC 0 Bartram 12/89 0 006-500-001 8 88-47 88-188 006-500-015 HC 0 Bartram 0 3/89 006-500-001• 9 85-27 85-37 007-300-001 - - Auerbach Att Conditions Met 10 87-37 87-109 007-410-017 - - Bolster All Conditions Met 11 87-37 87-109 007-410-018 - - Bolster All Conditions Met 12 87-37 87-109 007-410-019 - - Bolster All Conditions Met 13 87-37 87-109 007-410-020 - - Bolster All Conditions Met 14 88-29 88-162 036-510-020 M1 1 Ielati new app 6/92 0 15 88-29 88-162 036-510-044 M1 1 Ielati 6/91 0 16 87-46 87-263 030-200-026 C2/R3 1 Hamner 0 0 17 87-46 87-263 030-200-074 C2/R3 1 Vance 0 5/79 18 87-42 87-110 039-060-065 PG 1 Brusie Inc 6/91 0 39-06-35,70,71 19 87-42 87-110 039-060-093 PG 0 Brusie Inc 8/91 0 39-06-35,70,71 20 87-42 87-110 039-060-094 SRI 1 Brusie Inc 0 0 39-06-35,70,71 21 87-42 87-110 039-060-120 M1 0 Detco Steel 6/76 0 39-06-35,70,71 22 87-42 87-110 039-060-121 M1 0 Thorpe 4/75 0 39-06-35,70,71 23 88-20 88-065 039-540-001 SRI 0 Brines 0 0 039-240-040 24 88-20 88-065 039-540-002 SRI 0 Coutts 2/92 0 039-240-040 25 88-20 88-065 039-540-003 SRI 0 Thompson 0 0 039-240-040 26 88-20 88-065 039-540-004 SRI 1 Forberg expired 8/91 0 039-240-040 27 88-20 88-065 039-540-005 SRI 1 Hall 1/90 0 039-240-040 28 88-20 88-065 039-540-006 SRI 1 Anderson 5/92 0 039-240-040 29 88-20 88-065 039-540-007 SRI 1 Davis 11/89 0 039-240-040 30 88-20 88-065 039-540-008 SRI 1 Leger 5/90 0 039-240-040 31 88-20 88-065 039-540-009 SRI 1 Anderson 2/92 0 039-240-040 32 88-20 88-065 039-540-010 SRI 0 Durham Vly Dev C 0 0 039-240-040 ENVIRONMENTAL HEALTH 33 88-20 88-065 039-540-011 SRI 0 Balogh not final 5/92 0 039-240-040 34 88-20 88-065 039-540-012 SRI 0 Durham Vly Dev C 0 0 039-240-040 , JUL 7 1992 35 88-20 88-065 039-540-013 SRI 0 tisk 8/91 0 039-240-040 36 88-20 88-065 039-540-014 SRI I Payne 4/91 0 039-240-040 PARWE,CAVONA 37 88-20 88-065 039-540-015 SRI 1 Pratt 6/90 0 039-240-040 38 88-20 88-065 039-540-016 SRI 2 2anette 2/92 0 039-240-040 39 88-20 88-065 039-540-017 SRI 0 Moore 1/91 0 039-240-040 ' 40 88-20 88-065 039-540-018 SRI 1 Megibow 12/91 0 039-240-040 41 88-20 88-065 039-540-019 SRI 0 Blakemore 10/91 0 039-240-040 42 88-20 88-065 039-540-020 SRI 1 Norman 2/91 0 039-240-040 43 88-20 88-065 039-540-021 SRI 0 Durham Vly Dev C 0 0 039-240-040 44 89-44 90-16 039-540-028 SRI 0 Black 1-/91 0 039-240-020 45 89-44 90-16 039-540-029 SRI 0 Carey not final 3/93 0 039-240-020 46 89-44 90-16 039-540-030 SRI 0 Black 0 0 039-240-020 47 89-44 90-16 039-540-031 SRI 1 Dilbeck 1/92 0 039-240-020 48 89-44 90-16 039-540-032 SRI 1 Sickels 1/92 0 039-240-020 49 89-44 90-16 039-540-033 SRI 0 Black not final 4/92 0 039-240-020 50 89-44 90-16 039-540-034 SRI 0 Arbuckle not fnl 3/92 0 039-240-020 51 89-44 90-16 039-540-035 SRI 1 Smith not final12/91 0 039-240-020 52 90-34 90-157 040-490-002 M1 0 Wheelock 0 0 53 90-32 91-36 041-080-030 FR5 0 Amerine Fam Tst 0 4/91 54 91-04 91-71 041-080-127 FR5 0 Courtain not fnl 4/92 1/89 55 89-6 88-187 041-080-037 FR5 1 Heredia 3/87 0 56 87-38 87-235 _042140-174 C1 0 George 0 2/81 57 89-12 89-015X-055-290-081 ARMH1 1 Barnett 6/84gN� -J 7/87 055-290-044 58 90-12 91-25 X056-040-027 TM1 1 Oliver 10/84,;&- 0 59 84-1 84-165)(056-280-043 TM1 1 Althoff 0 ®- 4/91 60 84-1 84-165 x•056-360-020 TM1 1 Koenig 3/85 e' 9/85 61 84-1 84-165 X 056-360-021 TM1 1 Koenig 10/90 0-' 9/85 62 85-28 85-169058-810-001 TM5 1 Tange 8/89 �' 0 63 85-28 85-169 XO58-810-002 TM5 0 Laufer 5/91 0 64 85-28 85-169.. 058-810-003 TM5 0 Fullerton 0 0 65 85-28 85-169 x•058-810-004 TM5 0 Noble 0 40- 0 t 66 85-28 85-169 058-810-005 TM5 0 Even 0 1EV' 0 67 85-28 85-169058-810-006 Multi 0 Even 0 4D- 0 ' 51=1P 68 86-4 86-53 TM20 1 L.P. Corp All conditions met 0111-,69 84-71 84-193T� `A059-050-022 063-090-018 TM1 1 Hunsaid 7/85 19,- 0 70 83-81 84-139 065-010-067 TM20 0 Berndt 0 ®' 0 065-010-020 71 83-81 84-139 065-010-068 TM20 0 Berndt 0 'icy, 0 065-010-020 72 83-81 84-139 065-010-069 TM20 0 Berndt 0 ® ' 0 065-010-020 73 83-81 84-139 065-010-070 TM20 0 Berndt 0 0 065-010-020 74 87-18 87-73 071-430-029 FR2 1 Mitchell 0 0 071-340-027,028 75 89-19 89-018 072-250-037 FR5 0 Holmes 1/90 0 76 89-19 89-018 072-250-038 FR5 0 Varasteh 0 4/89 77 89-19 89-018 072-250-039 FR10,5 0 Varasteh 0 4/89 78 89-19 89-018 072-250-040 FR10,5 0 Ott 0 0 79 89-19 89-018 072-250-041 FR5 0 Goodman 5/92 0 80 89-19 89-018 072-250-042 FR5 0 Shryne 0 0 81 89-19 89-018 072-250-043 FR10,5 0 Morgan 10/89 4/89 82 89-19 89-018 072-250-044 FR10,5 0 Morgan 0 4/89 83 89-19 88-26 072-260-112 FR10 0 Berger 10/91 0 1 - r , i r, ; � { ' ; f't�tty *".."ir'J-.r .li,�'u ,t'F i^ �' i}+p � / 1 , /'�f'�. � p-S,l�rs•�y9 j��FI1-i!'1 (•� ��• S- � � � I} t f 1 --,_+ sr•or.,i,.F� irN'I t �� i �Cl ,�vC� /�'c_. � 4,}r . + BUTTE COUNTY DEPARTMENT OF HEd H 'y('Yr). •'r :7 DIVISION OF ENVIRONMENTAL HEALTH! �i; •rz '' SEWAGE DISPOSAL PERMIT41 695OLEANDERAVENUE "'r' {i' ..v, - + r- ,i:,,':, 7COUNTY CENTER DRIVE 747 ELLIOTT ROAD ��•� CHICO, CALIFORNIA 95928 "-? t' ''' `civ OROVILLE, CALIFORNIA 95965 . r -.e g PARADISE, CALIFORNIA 9598An,,Iw . Phone: 534-4281 `Phone: 343-4211, Ext. 82 s.ftL,3 k ••se,! it + Phone: A77 2981 Exit: 68 4 X• t� "` r - ' .�+, i .r ���° r�'.•,h `'tris. '•t i�+�r, �)r,u�rtiht^.f 1�•y; tr '7/.p,�' `� t•'�' , ct� '-"? Dake Issuedig i� ° .v EXPIRES ONE Y AR PRO14 DATE OF ISSUANCE ^ ,�+ r` ...� � :� t• �r i� 4)'i+ a •• r .. Permit Issued to �� �� �/Q�-.t./�?•a kf + ' ^ • _;t f To construct a sewage disposal System for: ° Located at: J _I �S' /1�: ell, ?+ SEPTIC TANK SYSTEM REQUIREMENTS'- .d 1! �• , (Inside Septic surements) I, Leedling Field. r) gLength: ;•l ' : r c it:1 x i'itotal Length: a j 4I%: ft. Tr Width: .:: Y. f` '!'+ ft:' ✓ ° i w ranch width: `� / inches Ct ,. Liquid depth: . °. ':. ' ft. Minimm`o: of rinse Liquid capacity; RoclsandeftiieEy'j:�5 inched 1, I` K Special conditions:/A-S%/) L L '. L Fr¢t-f1 �L litre S - ^e, ,Cl�� P/�'. 73.4-N i?� Vii: L,E �¢�t .- /l-G'�'�.:��F>r.• •', XL-F� t_,4c,t�,.., r-.,�r t,' c ., A , L1,t 5 ` Sldr/ � d f/�}vF /1�r 1-f '% '• J,2;I(y,:G�Jc/F y ► . 57/4 Y ' �C ' ' . l t•��'�`��,�-�" •�rd?9 '��.T r"�!ir) w�Li::'S:sl,:,� :�,1+yt.;. •f�ti, ,t',..,, .Additional leaching field will be required if experenceVehowe it to be necessary: No pert of the system may , { be located within 50 feet of the center line of any CsuneyrRoad`.`, ; 4,1,r. •• ' `Satisfactory inspection by the Health DeparW6nt ie required before backfilling or putting P._ ' the system into use. Occupancyof it nett bdilding ii not permitted'until the system is approved. : f • ps . Permit Fee i TPenalty Fee f ' ,"r i Total Fee S y Building Sewer L'eeIssued By ' �` � ' i i : , `4ttr+• t iia • r f -� ' Receipt Oh1 i t. i t 3 •ry�„rt:•f1%r�f4 it� r� }i� �.Y � ♦'�T r.;,• 1+• 931-279 " I', 8 •,e i •n 1i t �, w.�yr -c SFr, +r ' ' S`�r 9 t :u�k,., �f)�+}j'yaJ.ri - - )5I)Y%,.'I+'?.•�.iN;.t�.�_ k`•g°Jfrr'^°�t'�'iwu^?1u-0'�slF�nj aw Il)i . ,r♦ )E ' (l7V�k vtMR.r s - w„+` r `" �• + //./ w. ; " .41 %,°•t',+ttBUTTE COUNTY DEPARTMENT OF HEALTH +'t'ch ^y DIVISION OF ENVIRONMENTAL HEALTH 1�kt r } ' '• .' Y �f'+ i„SEWAGE DISPOSAL PERMIT /az .y 1 •) 696 OLEANDER AVENUE + i i- ♦^^+ - •r•�' �' of 7 COUNTY CENTER DRIVE CHICO, CALIFORNIA 95928 + c 747 ELLIOTT ROAD ( # Yf 44 4 ?'! 1 PARADISE, CALIFORNIA 85989 44Y� OROVILLE CALIFORNIA 95966 rf Phone: 3434211r Ext: 82 ' n <+ y; 'C( �x V�t . -.- s Pho e' 634-4281' tPhone 871-2961,'k n •,:_ ). f ! i ”` 4°rky, d1 �t ?+'{w I,#'1•��r'� L"'�Cy �} : T1 �er ° � r'. � r y.�.� Y ' � ! ,. 1 •y t 1 �:£.�' i-.{�ppk�h% f S%'j} ,: r EXPIRES ONE, AR PR M DATE OF ISSUANCE i I �Mr, .4Tyy,�.•is = 4 i , t . ' •' `. ,. it + ,�i;+y :r• wi"i ,1,� '� dj: lPermit feared to/t ' ` a ' f fg• r `'/ft,41 k1r F..�i''%� r, i . t �'�' j_ 't,• , To construct s Sewage disposal eyetem for - Located et r+: `��• yyt ,� •.� a- �:s.'s*-�•�f-h++/+ � �t ' 1 t,t'y'Y7"t"'.,;, -1'•r4ry,�n+l^.'l'�"^ti„i�7' SEPT IC TANK SYSTEM REAO:•.U{.IFREE'TSt t *+ J • , ,'+ ` ° � �Fr+J pi i !r S' Uc Tank 3`r4•^a *"+ g1 r.a r • i eP th- (Inside MCeeucemente) K._' i� i ��i4"'C Lie.-, , FIeIrA i , 1 V) r 1 ,' 7� +: Length 2w l 1yj' �5 ` ft # K + + +, Total Leo h- /-yi' fL r +•^" ytf'{'.tyf s+i{, in:l•Yf, . �__S14". f. nt;5t: Width 1f $ i'� �r . it r,�„T� Tibsch width ° inches t i t x c+2 i x i .t I,�(• Liquid depth i s £ :.! ft t ' phi � tMinimum Noy of Imes:'At w, Liquid capAciiy: gals 7 7 'apt 7 t Rock under ii 16 1 W. "i ~inches T Special conditions: �i�ST.tiCt.` LfAtN' 1-Iit%rES'mitii(�ji/jbyv! siti'A•.tvm �� ,"�_ .n Lfi4dE •� 2eeivr'.. / �`�'T�II•'i��LAtE "°riB.t: % � +�n�6re�f.�se . f OF. PA1A1,41`7,s"ri'rjX,H ,, q 5'•/�f..«,fT,I'/51'1?�c i i'L` 'f/I3�t,. STLy�o�il/k�h��. O,c/�i . ' LfAcrJ hitt r.S:1t Sf�i�C'!9?ihNAv ,.arr!iL_nAST r'! L `l �c "Additional leaching field will be required if expenesce shoWe it to be' nec'66sary No part of the eyetem may t . ' ' ' be located within 50 feet bf the center line of say Qoni;tyr Road r1+``ti; •,� ; �' ( NOTE Satisfactory inspection by the Health DepartmrInt seegnired 6Sfore backfilling Zr Putt T the system into use Occapa cy,of,e newtbuil�isg ib'�o p:imitti d unytiil theisyetem is approved.'i •.T+'-''.,�?! r d T. jrlr tfr .�';F.f: rIiji�i°+�:�.�i'E Ext-y;t*'{' E G9C, •t r , z# Permit Fee f t ; ± Penalty. Fbe 19 rw ='*f Toiel Feij i fd ' ' ��'}1J"�a-, i.+.gt,i* .::Y ,). •.arc 4^q�'.' �,� ! Building Sewer Fee Z- 3 •-•s. ix.�, I$auebd By'PAs� 1s�S� �i1 ? sc t S I /'/•4"_�.y�^lk''/t r H�• Iif"y"1'1 t i t 3+.) 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" ; DIVISION OF ENVIRONMENTAL HEALTH �[�P40G ,4Q(�IC� 0[�l�P[�Q94OOO [�1.'G `'R40G'0004 `' • •'.-`�.� ' •/-,J 'PYA_ Jlyt ��1 � �C I i•�• r, . ' The Septic Tank System was Installed at FOR L `v SEPTIC TANK i LEACHING FIELD ''Length ft.' • •�`' n DI { tsize i Gallons • ) + iWidth:­..in. t. Material {fia' No of Lines • r+ i ,�� I�', Rock Under Tile in. T: The above dimensions meet the minimum requirement!s bf Butte bounty Code,'Article 19i'- }. Addi 1 nal leaching area will be required if experience show$r'it•tQ be necessary p .6�,•.rw :ry -1 t. ,' 1.` r i°;f Pi i'S, Y;,. r.,., :: _, �`IIfi.6i �a: I � 7 �%, ) •L\ ..� . E; �� C• a • T M1 . ` � C�'t,Yi r � i r 1 L� •?YSI f `'y�' ( ; i �..� r�,r �'�� �i �'" rl'' � / , �� ��• Remarks: t A � - ''i,n'• f .. -%L r' �` !E' � '- i �1'-i-'/4* G. yr +Y/!_+,�t. Rr � ' e 4: j , RSL t- 1 t.L' �t • � • ` ' l e�� � � ��'+nr �� t ' i+j4 Y,f '.'. 1N ti vd: "a. r 1', .�rl Date -ALLG4'4�" 2 0 9: 06 AM 1iE C0." P,ANNING J •' .i_ /...____......_....� 9 538 7785" Page 2 J , Plamiing Dc artmeint aNVI E 1 l J .AU6 2 6 '1992 AUG 2 4 1992 Orovllle, California CHICO, CAIIFORIyl;a ti �O S—a�-BKr r �P I .• o , U G S4 j92 0.9: OE CO. PLANNING it/ DATE: TO: FAX: FROM: SUBJECT: 9 538 7785 'gutze County LAND 0 r- NAI URAL W [- A L T 1-j A N C) B E A IJ T Y Department of Development Services PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FACSIMILE TRANSMITTAL SHEET -L -5 77- �FAX Nor, 3 ..8--7785 Pages should follow this cover sheet, Original' Document will be mailed. Original: Document will not be mail,&d T Per your request For your Review For your information Please return Confidential For distribution SPECIAL INSTRUCTIONS: ***If transmission is improperly received*** Please call (916) 538-7473 immediately. ENVIRONMENTAL HEALTH AUG 25 1992" PARADISE, CALIFORNIA TO: FROM: SUBJECT: DATE: Inter -Depart neanta.1 emorandum Lisa Bet t Development Agreement and Conditional Zoning review 12 June, 1992 Please prepare a report, pursuant to the provisions of the code, for, the projects on the attatched list. This review should be scheduled. before the Planning Commission in August. • Inter -Departmental Memorandum TO: Bettye FROM: Lynn SUBJECT: Development Agreement & Conditional Zoning DATE: June 10, 1992 The following files need to be assigned for review: 1. Clay Gunn, File 84-35A & B, AP 041-120-102, (Mary and Alan Schroeder now own the property). 2. Originally Dan Hays - How Heller Fin., Andrew Wood, and Cattlemen, File 83- 25. 3. Doris Murphy/Martha Billingsley - File 86-6 ; 4. Michael and Lynette Miller, File 84-66 5. Robinson & Sons, File 89-43C 6. Robinson & Son, File 91-03 7. Thomas Reed, File 89-27B & C 8. Conditional Zoning Review File, 84-13 +: ��►h • 0 G'OUIZ'l:i� l� Et�EI-OCA-. NOT COMPARED WITH ORIGINAL DOCUMENT T.Ta3��F^��F :�-tT�:.. _ .. . � '_}'�C.:e.:- .a•75"""'e.. c• -_ BOARDOF�SUPERVISO ._ S _ . r>`1 UNTY�.:OF; $UTTE ::.STATE- OFA. CALIFORNIA Resolution No. 90-157 RFSOLLMON ISR AN ACREEWNT RE ATNG TO REQ ASSIRCATION OF ZONE FOR VINE WHEELOCK 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: ' 1 VINE WHEELOCK and to . do and perform everything necessary to carry out the purpose of this resolution. PASSED AND ADOPTED by the Butte County Board of Supervisors on the 6th day of November, 1990, by the following vote: AYES: Supervisors McInturf, Dolan, Fulton and Chairman McLaughlin NOES:, None • 4t ABSENT: Supervisor Vercruse NOT VOTING: None ED McLAUGHLN, CHAIRMAN Butte County Board of Supervisors ATTEST: WILLIAM H. RANDOLPH, Chief Administrative Officer and Clerk of the Board By N CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 6th day of November 1990 , 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 Exhibit l; and WHEREAS, the Property is now zoned as specified in Item (b) of 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 I is being granted, the said reclassification shall be subject to the conditions specified i.^. the folIowi Cr 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. The following standards shall be incorporated into any development proposal of AP 039-240--020: 1. A continuous visual landscape buffer screen, a minimum of 20 feet, shall be provided and maintained adjacent to the residential property line . to the north. If the soils do not provide for . adequate root zones, a solid fence and landscape combination may be provided. 2. Buildings shall be setback 30 feet form any property line abutting a public road or highway. This setback .area shall be fully landscaped and maintained. 3. Building elevations exposed to public streets shall incorporate architectural enhancement, foundation landscape planting and building texture and 'paint variations. 4. Outdoor storage areas shall be screened with solid fencing and/or landscaping when visible from a public road. Materials shall not be stored higher than the fencing. 5. All parking lots adjacent to public roads shall be separate by a 15 foot landscape buffer that includes a combination of mounding/berming (3' minimum), and shrub hedges. Trees at 30 foot centers shall be provided or where soil permits. 6. Freestanding signs shall be of compatible materials and colors - of the primary building and limited to 6 feet in height. 2b. Prior to issuance of any building permits on AP 039-240-020, the applicant shall submit landscape and building plans and receive approval by Planning Commission. 2c. The allowed use on AP 039-240-020 shall be limited to wholesale and storage warehouses; feed storehouses and . warehouses; and manufacturing uses that require limited septic disposal systems. All other permitted uses , within the M-1 zone shall be subject to the use permit process. 3. In the event First Party, any successor in interest of First Party, or any person in possession of the property described in Item (f) of Exhibit I violates or fails to perform any of the conditions of this Agreement within thirty (30) days after notice thereof as provided in Paragraph 5, the Board of Supervisors of Second Party may instruct the County Counsel of Second Party to institute legal proceedings to enforce the provisions ' of this Agreement. The Board of Supervisors of Second Party may also initiate proceedings to rezone the property to the classification specified in Item (b) of Exhibit I or any other suitable classification. 4. Notice of violation of provisions of this Agreement shall be sent to First Party at the address specific in Item (d) of Exhibit I and to the street address of the property described in Item ..(d) of Exhibit 1. subsequent title holder, any lien holder, or party in possession of the 'Any property.. shall also receive notice- of such violation at an address other than as specified X 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 ind and insure 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. 8 COUNTY OF BUTTE, a political subdivision of the State of California ol • 742) B y CJ - "�L 7'Z���% .Chairperson of thed Board of Supervisors NOV 0 G 1990 "Second Party" ATTEST: - Clerk of the Board of Supervisors o� R MAL • c+KW as Y 00117. EXCOIIMfY } s (a) "First Party", as used in this Agreement, includes each and all of the following: Vine Wheelock (b) The property is now zoned: A-5 (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: Vine Wheelock, 1814 Durham -Dayton Highway, Durham, CA 95938 (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: M-1 (f) "Property", as used in this Agreement, includes: All that certain real property situate in the county of Butte, State of California, described as follows: A portion of Lot 91 as shown on that certain map entitled "Subdivision Plan of Durham State Land Settlement" which map was recorded in the Office of the Recorder of the County of Butte, State of California, on February 13, 1919, in Map Book 8, at page 23 and more particularly described as follows: Beginning at the most Northerly corner of that certain parcel in deed to Kenneth E. Langford, recorded in the Office of the County Recorder, of the County of Butte, State of California, on September 8, 1970 in Book 1633 of Official Records at page 72; thence from said point of beginning and along the Southwesterly line of California State Highway 99 E, North 41 degrees 18 feet 45 inches West 1165.15 feet; thence leaving said Highway line South 56 degrees 19 feet 42 inches West 507.28 feet; thence South 51 degrees 14 feet 31 inches West 928.39 feet to a point on the Northeasterly line of the Chico-Oroville Road; thence along said line South 66 degrees 04 feet East 1274.15 feet to thebeginning of a 1630.00 foot radius curve to the right; thence along the arc of said curve through a central angle of 04 degrees 27 feet 00 inches an arc length of 126.60 feet to the Westerly corner of that certain parcel in deed to Kenneth E. Langford; thence along the Northwesterly line of said Kenneth E. Langford parcel North* 48 degrees 41 feet 15 inches East 848.23 feet to the Point of Beginning and containing 31.94 acres more or .less. /rdm O R l�i4 N PT�� Z - -Z-50 AGREEMENT 2-, THIS AGREEMENT made this 14th day of February, 19 '89 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". e W I T N E S S E T H WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described in Item (f) of Exhibit I of this Agreement; and WHEREAS, the Property is now zoned as 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: L//2a. Morgan and Ranftarcels to be developed access road. P eloped with a common _J2b . Limit all cut and. fill. to 2 -ft. ✓Zc. Reseed all road cuts. r2d Construct drainage ditiches.along-all driveways.. 2e. .Install ri ra p p. or headwalls at 'all''points of -. concentration: ✓2f, Designate slopes .over 30% as no-development areas. /2g. Maintain native vegetaiton outside of designated homesite areas. .�z Limit earthwork to nonrainy season. 2i. Note earthquake hazard.on any subsequent parcel map. ✓2j. Designate l00 foot.no-development areas from, all swales with riparian vegetation. � -� siding and F 2k. Dwellings to be constructed of i R�TfYRDA-r n�Gt-ASS qcl.ASs 1 ;- roofs. S`^�`'►� bt1 Flft� 21. All driveways to be constructed a minimum of 12 ft. wide to the RS-8-LD-1 standard on file with the Department of Public Works., including.a turnout a minimum of 60 feet.long and 10 feet wide. Grant to Butte County '60 feet -of right-of-way along Hurleton Road. 2n. Install water storage with CDF. approved' drafting connect ' ns 2o. Deleted. 2p. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. / 2q.' Pay deer herd impact fees as .adopted by the Board of Supervisors. 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., Notice of violation of provisions of this Agreement" shall be sent to First Party at the-:address'specific in Item. (d) of Exhibitl and to the.street address of the property described in Item. (d) of-Exhibit 1.'' Any subsequent title•.holder, any lien.holder, or party in possession of the property shall also receive notice of such violation at an address other than as specified in Item (d) of Exhibit 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 thoevent suit is brought oche 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 everyone of the *provisions of this agreement herein contained shall ind and insure 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. I IN WITNESS WHEREOF, Agreement the day and year first ATTEST: .. ClEytk df the Board of the parties hereto have executed this COUNTY OF BUTTE,.a political subdivision of the State of Califor'9*a By Chaperson of the Board. of Supervisors FEB 14 1989 "Second Partyy" STATE OF CALIFORNIA 0 n this s ........ day of .............. in the year. .......... .......... before me, ss.. ..... .......................................................... YOF ..... .......... a Notary Public, State of California, COUNT' 61.utz!,� ........... duly commissioned and sworn, personally appeared.. /?1A, ....... . .................................................................... ...... .. personally known to me (or proved to me on the, basis of satisfactory evidence) to be @Mon a I ,. 1 . . MAN 3' the person .... whose name ... /-F ............................ ........ "S . ANDRA LEE SEA5 subscribed to this instrument, and acknowledged that .... he'. . . . executed it; � NOTARY PUBLIC-CAt iFORNIA Bute Count,/. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal My crmmissicol. Expires JAN. 18, 1992 . .. ........... County of 12 ...... B�K a in the ...................... .. .................. 6 13 12 13 Z 2 Wil V M is C1 0 Z2 a z K a a R a . .................................. C4 ....................... on the date set forth above in this certificate. The dmffwm is onty, a 9forwai form w in may toit worter for use insimle traritactom and in m i,nty am. or is nenow to am. as substmite for vie savice w an aawney. The onnfe, izieti rot )NoLary Public. State of�California fn&Ke any-affattry. either exwtnis or "" w to the "at vabday of any pnwisim w m- ity at mase norma in any specitc transaction. My commission expires res 2� Cowdery's Form No. 32 — Acknowledgement to Notary Public — Individuals — (C.C. Sec. 1189) — (Rev. 1/83) •' EXHIBIT 1 • �' Agreement (a). "First Party", as used in this Agreement; includes each and.all of the following: John S. Morgan and Gunter Ranft. (b) The property is,now zoned: FR -10 (c) The zoning reclassification of the property is from its*present zoning to: FR -5 (d) Notice to First Party pursuant to. Paragraph No. 4 shall be addressed to: John S. Morgan, 9425 Nichols Street, Bellflower, CA 90706 and Gunter Ranft, P.O. Box 896, Oroville, CA 95965. (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: FR -5 (f) "Property", as,used in this Agreement,".includes: A portion of Section _16 T19N R5E MDB&M,. more—particularly described as: Beginning at a point on the N line of said Section.16 that bears'N 8-9 °29' 1011 E, a distance 'of, 607.29 ft. from the NW corner of said Section 16; thence S 890 29' 30" W.a distance of 607.29 ft. to the. NW corner of said Section 16; thence S 0° 24' W-, along the W line of Section. 16 a distance of 2131.29 ft. to.a point on theS line of the Oroville Forbestown Road, said point being also the NW corner of that certain parcel of land, described in the deed, to William D..Dederick, et ux dated March 7, 1942 and recorded in Book 286 of Butte County Official Records at Page 333; thence. along the southerly line,of said Oroville Forbestown Road, and the northerly line of said Dederick parcel; the following courses and distances: N 710 09' E 129 ft.; S 790 18' E, 76.70 ft..; S 76 21' E, 108.5 ft.; S 600 35' E, 194.7 ft.; S 770 40' E, 71.60 ft.; S 830 '13' E, 66.45 ft.; S 830 13' E, 167.65 ft.; thence N 880 18' E .227.20 ft.; N 750 33': E, 71.20 ft.; N 660 46' E, 170 ft. to a point at the NE corner of said Dederick.Parcel; thence leaving the southerly line of said Oroville Forbestown Road, N 410-161. E'95.51 ft. to a point at the most westerly corner of the land described in the deed from, Walter A. Post, etal,.to OWID, dated August 2, 1923 and recorded August 31, 1923 in Book 204 of dee­�s Page 15; thence along the northerly line of.said OWID property N 170 14' E,. 224.6 ft.; thence N 00 3.7' 15".W 1946.21 ft. to the N 1=ne of said. Section 16; thence S 89° 29' 30" W 1304.87 ft. to'the point of beginning. WV-C)C, g Vl 1 AGREEMENT THIS AGREEMENT made this 1st day of July , 1986, 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 .Callfornia,.herein called "Second Party". W I T N E S S E -T H. . WHEREAS, First Party Is the owner of real property, herein called the "Property", situated in the County of Butte, which.Property Is described in Item (f) of Exhibit I of this Agreement; and WHEREAS, the Property Is now zoned as.speclfic 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 l is being granted, the said reclassification shall.be subject to,the condi.tions specified in the following paragraphs: 1. 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..'Morgan'and Ranft parcels to be developed with a.common access road.' 2b. Limit.all cut and fill to 2 ft. 2c. Reseed a1-1 road cuts. c=. 2d. Construct drainage ditches along all driveways. Page 2 2e. Install•riprap or headwalls at all points of concentration. 2f. Designate slopes over 30% as no development areas. 29. Maintain native vegetation outside of designated homesite areas. 2h. Limit earthwork to nonrainy season. 21. Note earthquake hazard on any subsequent parcel map. 2j. Designate 100 foot no development areas from all swales with riparian.vegetation. 2k. Dwellings to be constructed of nonflammable siding and roofs. 21. Sprinkler systems to be Installed in subsequent dwellings. 2m.'. Grant to Butte County 60 feet of right -of. -way along Hurleton Road. 2n. Install water storage with CDF approved drafting connections. 2o. No development will be allowed within the areas designated. as open space on Exhibit #1. 2p.. 'Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 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 specified in Item (d) of.Exhibit I and to the street address of the property described in Item (d) of.: Exhibit I.. An.y subsequent title holder, any Lien holder, or party in possession -of the property shall also receive notice of such violation at an address other than as specified in Item (d) of Exhibit I by filing with the Clerk of the Board of Supervisors of Second Party the addre.-is to which the notice is to be sent, with reference to this Agreement.and • R,- •694 �' • �.• Page .3 the Resolution authorizing.lts.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. OHN S. MORG ,GUN RA FT , COUNTY OF BUTTE, a political subdivision of the State of ATTEST: Cal -if i a ----- Clerk of t Board of Superv.i so s . . By Chairperson of a Board of Supervisors ...Second Party.. 1, OFFICIAL SGL BEfTE A. MEYSENBURG Do �� a NOTARY PUBLIC • CALIFORI'NIA PRINCIPAL OFFICE IN „t LOS ANGELES COUNTY My Commission Expires June 20, 1990 GENERAL ACKNOWLEDGMENT FORM 7110052 ��1 ,,,, T I-1 On.this the day of N U 19-9-j before me, 'rn C Q S C A) L4 /e the undersigned Notary Public, personally appeared ❑ personally known to me , V proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i' S subscribed to the within instrument, and acknowledged that executed it. WITNE my hand and /o�f�ficial seal. _ l - YfWA otarv•s jionature NATIONAL NOTARY ASSOCIATION - 23012 Ventura Blvd. - Woodland Mills, CA 91364 STATE OF CALIFORNIA ) ss. COUNTY OF BUTTE ) On his day of in the year before me C. Pitts, a Noary Public, State(of California, duly commissioned and sworn, personally appeared Ed McLaughlin, personally known. to me to be the person who executed this instrument as Chairman of the Butte County Board of Supervisors and acknowledged to me that. the Butte County Board of Supervisors executed it. IN WITNESS WHEREOF 1 have hereunto set my hand and affixed my official seal in the County of Butte the day and year in this certificate first above written. Q. OFFICIAL SEAL C. PITTS No a y Public, State of California - " NOTARY PUBLIC - CALIFORNIA • = Q• BUTTE COUNTY �h,rOnWP My Comm. Expires Dec. 18, 1989 My commission -expires December. 18, 1989 CAT. '10. NNO0627 `To 1944 CA (9-84) TIC®R TITLE INSURANCE ( Individual) STATE OF CALIFORNIA COUNTY OF Butte } ss. January 2 8, 1987 ---------------------------- On before me, the undersigned, a Notary Public in and for Gunter Ranf t sem'"' - said State, personally appeared _ �'N'�r```''�"'�' — --------------- Q------------------------------------------ — , _ ------ personally known .to me or lnc,vrd-ee-r>or+ -the-l�ea+�-of �at»(eete+y eveder,ce to be ;4 q m ®tD FI Gt i� ©� 9II ©C ii x'19 r7 e therson_ whose name i G subscribed to the. m P LL;; ,,�� F. W)>.SO.N s within instrument and acknowledged that _yy % exe- Q t ° NOTARY PU3LIC-CALIFORNIA 0 cuted the same.n �'' m ��C3uus coLMIy w WITNESS my hand and official seal., a + My commissim; Lxpires Jan. 20,19.88 e d ®Maine somaaacelao®aaaMENawas 0 Signature ^1 Linda F. SOn (This area for official notarial seal) "' =" ,4694 Page 4 EXHIBIT I Agreement (a). "First Party",.as used In this Agreement, includes each and all of, the following: John S. Morgan etal. (b) The property.is now zoned: FR -10- (c) The zoning reclassification.of the property is from Its present zon,ing.to: FR -5 ('d) Notice to First Party pursuant to Paragraphs No. 4 shall -be addressed to: John S. Morgan 9425 Nichols Street, Bellflower,.Ca. 90706 and Gunter Ranft, P.O. Box 896, Oroville, Ca. 95965 (e) The change. in zoning classification pursuant to Paragraph No. 4 shall be to: FR -5 (f) "Property", as used in this Agreement, includes: A portion of Section 16 T19N R5E MDBandM, more particularly described as: Beginning at a point on the N line of said.Section 16 that bears N 89° 29. 30" E, a distance of 607.29 ft. from the NW corner of said Section 16; thence S 890 29'-30" W a distance of 607.29 ft. to the NW corner of said Section 16; thence S 0° 24' W, along the W.line - of Section 16-a distance of.2131.29 ft. to a point on the S line of the Oroville Forbestown Road, said point being also the NW. corner of that certain parcel of land, described in the deed, to William D. Dederick, etux dated March 7, 1942 and recorded in Book 286 of Butte.County official records at Page 333; thence along the southerly line of said Oroville Forbestown Road, and the northerly line of said Dederick parcel, the following courses and distances: ° N 710 09'.E 129 ft.; S 79 18' E, 76.70 ft.; S 760 21' E, 108.5 35' E,.194.7 ft.; S 770 40' E, 71.60 ft.; S 830 13' E, 66.45 ft.; S 83' 13.' E, 167.65 ft.; thence N 88°. 18"E 227.20 ft.; N 750 33'.E, 71.20 ft.; N 660 46' E, 170.ft. to a point at the NE corner of said Dederick Parcel;'thence leaving the southerly.line of said.Oroville Forbestown Road,.N 41° 16' E 65.51 -ft. to a point. at the. -most. westerly corner of the land described in the deed from Walter A. Post, etal, to OWID, dated August 2, 1923 and recorded August 31, 1923 in.Book 204 of deeds,'Page 15;. thence..along the northerly line of said OWID.property N 17° 14' E,'224.6 ft.;.. thence 1. N 0° 37. 15•' W 1946.21 ft. to the N line of said Section 16; thence' S .8.90 29' 30" W 1304.87 ft. to the point of.beg inning Page 5 Excepting therefrom the property within the southerly 1000 ft. of the aforemention described parcel which shall be Zoned FR -5. Also excepting therefrom the following described parcel of land: A portion of Section 16, T19N R5E MDB and M more particularly described as: Commencing at the NW corner of said Section 16; thence S 10 17' 08" W 2119.24 ft.; thence N 70° 45' E 12.9.78 ft.; thence S 79° 42' E, 76.70 ft.; thence S 76° 45' E'108.5 ft.; thence S 60° 59' E 194.7 ft.; thence S 780 04' E 71.60 ft.; thence S 830 37' E 234.1 ft.;.thence N 87° 54' E 46.42 ft. to the true point of beginning for the parcel of land herin described; thence N 870. 54' E 180.78 ft.; thence N 75° 09' E 69.22 ft.; thence N 200 44.' W 357 ft..; thence.S 84° 22' W 248.77 ft.; thence S 200 44' E 357 ft...to the true point of beginning.. Containing 62 acres more or less, Lake Wyandotte Area. MATCH LINE t 1 . F • �O a r 7 8 (007 IY •r N � . 14A0. ate►.• '•T.ra. . 12.5 Act 13.5 AG *— ;,:¢ a�� �r�►.' FA Kr F 1400 ' X360 C - - LAKE WYANDOTTE ,. FUn nrl, nr+ri inAc�rr BUHA Co. Flaming Date 2/19/87 --FEB 19 1981ION Board Action Date 6/17/86 raville, Cwwdw •�..�:G�;' .� F• • ..... • ;� " Route x . ••.,�ouN�,.••'� . Referral OFFICE OF CLERK.OF THE BOARD Department Document --Action-Requested Administration Agreement(s) x File Agriculture. Application(s) Information Assessor Budget Transfer(s) Necessary Action Auditor Certified Minutes _ Obtain Signatures County Clerk/Elections Claims Recommendation County Counsel Correspondence Record District -Attorney Deed(s) Report to Board' Environmental Health Notice(s) of Completion Return Copy Fire Department Ordinance(s) to Library. Penalty Abatement Requests Return Original Mental Health x Resolutions) to Personnel W/0 Enclosure x Planning/LAFCo Probation Public Health Public Works Purchasing Recorder. Risk Management Sheriff/Coroner Treasurer/Tax Collector Welfare -. Additional Information #86-87 = reclassfication of zonefor.Gunter Ranft, ' Inter -Departmental Memorandum TO: Board of Supervisors,.' FROM: Planning Staff SUBJECT: Status of Conditional Zoning Projects, File 84-13 DATE: The following projects have been approved with conditional zoning. This memo is the annual on the applicants' compliance with the conditions of the rezones. 1.. Robert Berndt -'Resolution 84-139 - Conditions: a. That.First Party shall construct and maintain sediment ponds in conformity with.Exhibit III A and..B. b. That said sediment ponds shall be constructed and installed at such time as the Paradise Irrigation District determines the.necessity therefore. A parcelMwas approved for.this parcel on March 4, 1985. The final ma has not yet been recorded. No—development at this time. p. 2. Douglas Starr - Resolution 84-165 - Conditions: a. Pay fees as agreed.to C.U.S.D. b. Install a mutual water system under.permit by Department of Corporations and Department of Environmental Health. C. Trim brush along the curve of the westerly intersection of Forest Ranch Road and Highway 32, the entrance.to the school site; and Schott Road and Highway 32. d. Apply dust palliative.such as Calcium Chloride on non -paved roads to minimize dust. e: No_site disruption or construction during rainy season. f.. Mulch or reseed exposed soils at onset of rainy season. g. Gravel or pave all roads. h. No vegetation or tree removal except for those directly in the way of driveways or houses. i. Homesite fencing limited -'t6 4 or 5 strand barb wire no lower. than 16" nor higher than 48" above ground.. j. Install a swimming pool'or water storage of 7500 gal. minimum with drafting connection or water pump. k. No shake.roofs or exterior shake siding will be allowed. A tentative subdivision map was approved on November 4, 1985. The final map has not been recorded. One of the original parcels has been sold. It does not appear the approved subdivision will be completed. Any new construction on the existing parcels, however, will still be subject to the conditions. 3. Ed Hunsaid - Resolution 84-193 - Conditions': 0(0-7S- OP)o 0_19 a.. Terracing to direct storm water runoff into.drainage ditches. b. All drainage ditches to be lined with asphalt or p.c.c. grout to reduce storm water runoff speeds._ �c. Lands not occupied by dwellings, roads, and other improvements shall be landscaped as.recommended by Kingsley �°� Sterns, Biolo.gist._ �l d. On-site storm water runoff, drainage to be conveyed site ditches lines with asphalt or via off- site p.c.c. grout or pipe. to . the nearest approved drainage swale.. No development at this time., .4. Richard Coletti - Resolution 85-37. All conditions have been met. 5. Eugene B. Even - Resolution 84-169 Conditions:.,OSSA CjCo� _�00(A a. Soil surfaces exposed by construction and grading activities (particularly slopes) to be stabilized by: 1. Re -vegetation as soon as possible, prior to the rainy season. 2.. Development of„perimeter berm. 3. Preservation of existing vegetation outside of development areas. b. Stabilization of all road cuts. _ C. Road side drainage and culverts should be.constructed as part of all construction. 2 d. Storm water runoff channels to be stabilized with rock lining. and energy dissipating structures where necessary.. e. Storm water energy dissipators shall.be placed at outfalls of. roadside ditches. f. Limit earthwork and grading activities to.the dry season only (April thr6ugh October). g. Terminate grading- activity prior to the rainy season. Disturbed soil surfaces will be protected during the winter rainy season with tarps or native grasses.. h. Minimize cut and fill excavation and large-scale site clearing pursuant to. Appendix 70 of the Uniform Building. Code. i. Roadway .locations should conform to terrain, following contours wherever feasible and avoiding steep embankment cuts. j. Existing on-site roads should be upgraded for access whenever - possible, rather than.cutting new roads.. k. All r-equirements of the Butte County Fire Department/California Division of Forestry must be met. This includes, but is not limited to -the following: 1. Clearing of brush 30 feet from all structures. 2. Clearing of brush 10 feet adjacent to all roads. 3. All roofs., exposed underflooring and building projects shall be off fire -resistive construction. 4. Adequate water pressure of water storage facilities.must. be provided on each parcel as a condition of development. 5. The provision.of drafting connections for all wells and water storage facilities for BCFD/CDF.access. 1. New wells shall not be drilled near slopes of 40%. m. Future division of AP 88-10-106 shall designate the easterly O 57 acres as a no -building area for residential structures and accessible from Merchant's Bar Road. n. Homesites west of Coutolenc ..to be within 300 feet of . Coutolenc Road. This condition to* be voided. when the Paradise Road and Gun Club Moves to a new location. 3 o. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. A* subdivision map has been approved and finaled. Some lots have been.. sold and are currently being developed. A house on one of the lots is. nearing completion and many of the conditions have not been met_ particularly items al, a2, c, h, kl, k2, and k4. The current owners will be notified to comply as much as possible given the amount. of development that hasalreadyoccurred. 6. Louisana Pacific - Resolution 86-53. All cond'tions have been met '�CAN�T�j�:a►Z<o�iv �. Bruce Mitchell - Resolution 87-109 - Conditions: a. Prove that there is a 60 ft. deeded right-of-way from nearest County maintained road. b: Have a 60 ft. deeded right-of-way access from property for an alternate public road. C. Clear private roadways of dry and dead brush from 20 feet from centerline and dispose of brush according -to CDF requirements. d. Pay $250 water tender fee for Butte County Fire at time of application for building permit. e. Residential structures to be built with fireproof, boxed eaves, fire resistant exterior walls, no shakes or shingles: f.. Sprinkler system to be installed in interior of residential structures. g. All outbuildings (accessory buildings) to be built with fireproof roofs. h. Applicant must also comply, with all other applicable State and local statutes, ordinances,.and regulations. No development at this time. I Jan Greenberg - Resolution 87-87. All conditions have been met. .10,9. Dave Jones/Bolster - Resolution 87-109. , All conditions, have been met. ►�0. Don Deter - Resolution 87-110 - Condition: a.. Upon application for.a subdivision on Parcel 39-06-94., the existing air strip will be abandoned. Land division has not been applied for as yet. (Z Theresa George/Jere Bolster - Resolution 87-235 - Conditions! a. Owner to sign an agreement to participate in a drainage assessment'district when and if the local agency establishes said district in the future and meet the requirements of the Nitrate Action Plan. b. Any new development or conversion of the existing single family residence to be served by Cal Water. C. Both parcels to be limited to one common driveway access " easement form Highway 32 at the common property line when developed to commercial uses. d. Install curb, gutter, sidewalk and drainage upon conversion of the existing single-family structure or development of AP 42-14-114. e. Construct a two-way left turn lane with standard tapers to 'Department of.California Transportation requirements. f. Contribute a pro rata share as determined by CDF for commercial zoning to the cost for the new west side fire station fund. g. Owner to sign a covenant running. with the land that noise mitigation devices' including an 8 foot masonry sound wall will be installedas necessary so that development and operation of commercial uses. will not generate more than 60 dB at the northwest and southwest property lines. h. All structures shall be located a minimum of 25.feet from the. southwest right-of-way of Highway 32. i. Exterior lighting shall be shielded from Highway 32. j. Applicant must also comply with all other applicable State and local statutes. -ordinances, and regulations. No development at this time. ,1-2-- Eduardo Vance/Clarence Hammer - Resolution 87-263 - Conditions: a. Deed.to"the County of Butte 40 ft. of -'right-of-way measured form the centerline of State Highway 162 (Oro Dam Blvd. West). 5 Inter -Departmental Memorandum TO: Planning Commission FROM: Planning St. SUBJECT: Development Agreement for Dan Hays, File 83-25 DATE: May 30, 1989 The Planning Commission on March 20, 1986, reviewed and approved the Development Agreement for Dan Hays pursuant to Ordinance 2342. The annual review scheduled for March 25, 1987 has been continued for an extended period of time pending the outcome of litigation. Attached is the memo prepared in 1987. In the time since it was written.there have been no changes in land use on the subject parcels. There are currently'no building permits or land divisions pending. There are 4 parcels subject to the agreement, AP 40-49-08, 10, 17., and 18. AP 40-49-08 has been developed in conformance with the Development Agreement. .The remaining parcels are vacant at this time. RECOMMENDATION: A. Note that the Planning Commission has conducted the annual review of the Development Agreement and finds that there have been no violations of the Development Agreement to date. If any exceptions to the Development AGreement are proposed in the coming year, the matter shall be referred *to the Board of Supervisors for termination or modification proceedings pursuant to Resolution 84-16.0 (Procedures for Development Agreements). There are no permits outstanding or pending on any other parcel subject to the Development Agreement. CBS:lr TO: Planning Commission FROM: Steve Streeter, Planning i SUBJECT: ANNUAL REVIEW OF DEVELOPMENT AGREEMENT ON AP 40-49-08,10,17,18 (Dan Hays, File 83-25) DATE: March 18,-1987 This year marks the fourth annual review of the subject Development Agreement. The memoranda from the prior annual reviews and the original Development Agreement are attached. In check.ing with the Building Division of Public Works, the only . building permit applications have been on AP 40-49-08 for Andrew Wood. The first building permits were issued on November 18, 1985 for a foundation of a storage building and for the warehouse and office of Spray Chem. The building permit for the storage building was issued on April 23, 1986. No building permit applications have been issued or recently applied for on any of the other parcels. None of the three, property owners involved have contacted the Planning Department concerning any proposed plans in the immediate future. Two land divisions applications have had action in the past year. The Plateau Park tentative industrial subdivision, nineteen parcels on 56.9'. acres, on AP 40-49-17, was denied by the Advisory Agency on March 10, 1986, due primarily to expiration of the California Environmental Quality Act timelines and'lack of Health Department clearance. The project was subsequently referred back to the Advisory Agency, and on December 8, 1486 deni-ed due to failure to provide informati.on requested by the Environmental'Health Division on November 1, 1983.. The Board of Supervisors upheld the decision of the Advisory Agency, and denied the appeal on the tentative industrial.subdivi'sion on January.6,.1987.. Dan Hays, the applicant, has instituted a lawsuit against the County of Butte claiming.the tentative industrial subdivision map should be recorded by "operation of'law." In light of this pending lawsuit, County Counsel advises that the annual review of the Development. Agreement be continued at least one month or until the lawsuit is resolved. As part of the Superior Court action, a ruling is expected on whether the property owner is in default under the Development Agreement through use of the term ",junkyard site" on the tentative map.. The second industrial. subdivision map is.for.CattIemen's, Inc., eleven lots on 15.1 acres, on AP 40-49-18. This application was received.in October 1986. A letter was sent to the applicant in November 1986 stating what information was needed to make the application complete. The applicant's letter of November 20, 1986 requested that their tentative.map be held in ab - Y ance untII.the Issue of sewage treatment, ponds and facilities is concluded... 2. That First Party shall construct and comply with all the following conditions: 2a. Prove that there is a,60 ft. deeded right-of-way from nearest County maintained road. 2b. Have a 60 ft. deeded right-of-way access from property for an alternate public road. 2c. Clear private roadways of dry and dead brush from 20 feet from centerline and dispose of brush according to CDF requirements. or-�yd16 AGREEMENT 9% _f F-, THIS AGREEMENT made this 5th day of May, 1987, 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". W I T N E S S E T H WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described in Item (f) of Exhibit I of this Agreement; and WHEREAS, the Property is now zoned as .specific in Item (b) of Exhibit,l; 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 I, as completed and attached hereto, is incorporated intopand 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. Prove that there is a,60 ft. deeded right-of-way from nearest County maintained road. 2b. Have a 60 ft. deeded right-of-way access from property for an alternate public road. 2c. Clear private roadways of dry and dead brush from 20 feet from centerline and dispose of brush according to CDF requirements. v r • V 4b 4b . Page 2 2d. Pay $250 water tender fee for Butte County Fire at time of application for building permit. 2e. Residential structures to be built with fireproof, boxed eaves, fire resistant exterior walls, no shakes or shingles. 2f. Sprinkler system'to be installed in interior of residential structures. 2g. All outbuildings (accessory buildings) to be built with fireproof roofs. 2h. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 3. In the event First Party, any successor in interest of First Party, or any person in possession of the property described in Item (0 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 specified in Item (d) of Exhibit I and to the street address of the property described in Item (d) of Exhibit.I. Any subsequent title holder, any lien holder, or party in possession of the property shall also receive notice of such violation at an address other than as specified in Item (d) of Exhibit I by filing with the Clerk of the Board of Supervisors of Second Party the address to which the notice is to be sent, with reference to this Agreement and the Resolution authorizing its execution. 5.' In the event suit is brought by the County Counsel of Second Party to enforce any of the provisions of this Agreement, First Party agrees to pay to Second Party a reasonable sum to be fixed by the Court as attorney's fees. 6. Each and every one of the provisions of this agreement _ herein contained shall bind and inure to the benefit of the successor in " interest of each and every party hereto, in the same manner as if they had herein been expressly named. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. 42- —14 - 1 14 d 1 -'3 5 18 4 AGREEMENT �� ^ Z 3 R S 9* -7 S' 3. i I I� THIS AGREEMENT made this 1st day of September, 1987, 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". W I T N E S S E T H WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is.described in Item -(f) of Exhibit I of this Agreement; and WHEREAS, the Property -is now zoned as 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. •Owner to sign an agreement to participate in a drainage assessment district when and if the local agency establishes said district in the future and meet the requirements of the Nitrate Action Plan. 2b. Any new development or conversion of the existing single family residence to be served by Cal Water. 2c. Both parcels to be limited to one common driveway access easement from Highway 32 at the common property line when developed to commercial uses. 2d. .Install curb, gutter, sidewalk and drainage upon � conversion of the existing single family structure or development of AP 42-14-114. n %) 1 U H 2e. Construct�a two-way left turn lane with standard tapers to Department of California.Transportation requirements. 2f. Contribute a pro rata share as determined by CDF for commercial zoning to the cost for the new west side fire station fund. 2g. Owner to sign a covenant running with the land that noise mitigation devices including an 8 foot masonry sound wall will be installed as necessary so that development and operation of commercial uses will not generate more than 60 dB at the northwest and southwest property lines. 2h....All structures .shall...be located a minimum of 25 feet form the southwest right-of-way of Highway 32. 2i. Exterior lighting shall be shielded from Highway 32. 2j. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 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 holder, any lien holder, or party in possession of the property shall also receive notice of such violation at an address other than as specified in Item (d) of Exhibit 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 ind and insure 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. -:D , AGREEMENT THIS AGREEMENT made this 23rd day of Februa�yl9 88 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". W I. T. N.. E..S._S .E ..T...H WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described in Item (f) of.Exhibit I of this Agreement; and WHEREAS, the Property is now zoned as 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: a 1 X10 VjWS -7197- 2a. The owner aerees to nav thA dppr mi t i oat i nn fnnc required by County Ordinance for issuance of building permit(s) atthe time such permit(s) are issued. The owner acknowledges that no such ordinance is in effect as of the date oftheapproval of this rezone. 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 EXHIBIT 1 Agreement (a) "First Party", as used in this Agreement, includes each and all of the following: Leo Frericks (b) The property is now zoned: U' (Unclass'ified) (c) The zoning reclassification of the property is from its present zoning to: FR -10 (d) Notice to First Party pursuant to Paragraph No. 4 shall be .addressed -to: Leo Frericks, 2410 Floral Avenue, Chico, CA 95926 (e) The change in zoning' classification pursuant to Paragraph No. 4 shall be to: FR -10 (f) "Property", as used in this Agreement, includes: All of Lot 4 of that Parcel Map of record in Map Book 89 on Pages 21, 22, and 23 on file in the office of the Butte County Recorder. Containing 39.28 acres, more or less, east of Oroville. fo`2- o �z �Q � o `Z%t • AGREEMENT. • � 6- - -01 Cf THIS AGREEMENT made this 18th day of October , 19 88 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". W I T N E S S E T H WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described in Item (f) of Exhibit I of this Agreement;. and . WHEREAS', the Property is now zoned as 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 s -aid 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 apart 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. All exterior lighting is to be shielded and/or directed away from neighboring.properties and streets including Highway 70. 2b. Establish and maintain in a living condition sight -- obscuring landscaping along the easterly property lines adjacent.to the Highway 70 right-of-way. 2c. At least 50% of the subject property'will be devoted to landscaping and vegetation. .r 2d.. Encle-J. building areas to be 14ited to no more than 20% of the total lot area: 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 holder, any lien holder, or party in possession of the property shall also receive notice of such violation at an address other than as specified in Item (d) of Exhibit 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 REsoluti.on authorizing its execution. 5. In the event suit is brought by the ICounty Counsel of Second Party to enforce any of the provisions of this Agreement, First Party agrees 't.o 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 ind and insure 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. Pete Ielati. Donna Ielati State of California ) On this the. 19th day of October 19 88 ): SS. County of Butte ) before me, Darlene Denney the undersigned Notary Public, personally appeared Pete Ielati and Donna Ielati personally known to me proved to me on the basis of satisfactory evidence Y to'be.the person(s), whose name(s)_ are subscribed +` to the within instrument and acknowledged thatthey.' C'fi c�;= !:�-:':t._`.' �' executed it. i N0TA .y rte_ c.:. i =CRN! WITNESS hand and official seal. - my Carr^.. cr.?eras S^ b; 198^-',? �� Notary's Signature EXHIBIT 1 .Agreement (a) "First Party", as used in this Agreement, includes each and all..of.., the following: Pete and Donna Ielati. e (b) The property is now zoned: L -I (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: Pete and Donna Ielati, 2730 Orange Avenue, Oroville, CA 95965. .(e) The change in zoning. classification pursuant to Paragraph No. 4 shall be to:. M-1 (f) "Property", as used -in this Agreement,.includes: Lots 5 and 6 of that record of survey recorded in the office of the Butte County Recorder on May 31, 1955 in Map Book 21 on Page 38.. • 07 - 0 4 7 0 0 6 Resolution RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR FRED SPRINGER No. 86-155 Pages BE IT RESOLVED AND ORDERED that the Chairman of the Board of Supervisors be and is hereby authorized and directed to execute and agree- ment on behalf of the County of Butte relating to reclassification of zoning with: r ARNOLD PACIFIC PROPERTIES and to do and perform everything necessary to carry out the purpose of this resolution. PASSED AND ADOPTED by the Butte County Board of Supervisors on the 18th day of November, 1986, by the following vote: AYES: Supervisors Dolan, Fulton, McInturf and Chairman McLaughlin NOES: None ABSENT: Supervisor Wheeler. - NOT -VOTING: None 0,,,'. ED McLAUGHLIN,� CHAI V. Butte County Board of Supervisors ATTEST: tHOLS, Chief Administrative Off!6e ;:".'. Wd•' Clerk of the Board ECORKD BUTTE COUNTY OFFICI L RECORDS QY By; y 1981 1;E6 -4 AN Irk 52 CANDACE J. GRUbbb CLERK -RECORDER FEE FEE w7= &7ne • 87-4100 AGREEMENT i' THIS AGREEMENT made this day of i`rOV,�IL , .1 986, 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". W I T N E S S E T H WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described in Item (f) of Exhibit I of this Agreement; and WHEREAS, the Property is now zoned as specific in Item (b) of Exhibit l; and WHEREAS, First Party hasapplied 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 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. Widen East Avenue along project frontage to four lanes with a continuous left -turn lane, tapering down to two lanes 200 feet west of the project site. Taper to Department of Public Works standards. 2b. Pay a pro rata share to install a traffic signal at East/Cussick. • n. 9i- 470.0 Pase 2 2c. Reduce the number of a curb cuts on East Avenue to three, with a minimum of 300 feet between cuts. , 2d. Deed a 1 -foot no -access strip along East Avenue to -'Butte County, breaking for approved access point. 2e. Install curb, gutter and sidewalk along Esplanade frontage, breaking for the approved access. 2f. Improve Henshaw frontage to full County standards along , the entire mobile home park frontage. 29. Install curb, gutter and sidewalk along Henshaw along the entire mobile home park frontage. 2h. Pay a pro rata share to improve Henshaw Road approach at Esplanade. 21. Access to the shopping center shall be primarily from East Avenue, access on the Esplanade to be limited to right-in/right-out with a barrier installed on Esplanade to prevent left turns. 2j. Construct a deceleration and acceleration lane along the'* project's East Avenue frontage to Butte County standards. . 2k. Deed a 1 -foot no -access strip along Esplanade to Butte County breaking for the approved encroachment. 21. Obtain.an authority to construct from the Butte County Air Pollution Control District. 2m. Install drainage and other urban improvements as required by the Subdivision Ordinance. 2n. Construct'a 6 -foot solid masonry wall along the entire north boundary of the shopping center with a maximum of two (2) pedestrian access points. 2o. Contribute -to the West Side Fire Station Fund and install, -- hydrants as required by COF. 2p. Install community water throughout the existing and proposed project area and install sewer to all new construction in the project area. 2q. Screen all trash receptacles from public view. . 81-U41UU • • Page 3 2r. Install pdrking.and landscaping pursuant to Butte County Code Section 24-35. 2s. Applicant must also comply with all- other applicable State and local statutes, ordinances and regulations. 2t. Limit rear delivery of commercial goods to the hours of 6:00 a.m. through 10:00 p.m. 2u. Parking areas lights to be shielded to minimize ' illumination of residential areas. 2v. Further development of Parcel 6-15-71 (Stile) requires improvement of East Avenue 'to four lanes with a continuous left turn lane along the frontage. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above w ► to Fred SprI g z Arnold Pa is Properties J i : i _:'. t- . :1 1 1- . NOT;1rV.' 1; ii!C Ci.! irvRN1A ^i'` .NtTO COUNTY My Cc -m. :cc:res sc,:t. 11, 1990 ATTEST: Clerk of he Board of Supervisors COUNTY OF BUTTE, a political subdivision of the State of California By Chairperson of a Board of Supervisors "Second Party" GENERAL ACKNOWLEDGMENT 87-04700 No " State of California On this the 21_day of NnvPmhPr 19--M, before me, Sacramento SS. • t County of SHARON KAY the undersigned Notary Public, personally appeared FRFD SPRINGER ❑ personally known to me i.___t':, - CALIF, RNIA . proved to me on the basis of satisfactory evidence NTOCOUNTY to be the person(s) whose name(s) _ is e `: •: �'` Je•:f. 11, 1990 subscribed to the titin;. within instrument, and acknowledged that he executed WITNESS my hand and official seal. Notary's Signature 7110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91; - _ .. .. ___ � cam._......'e.:_.,'..�:._..._..._r.__e-wc._.�__.+•; �-.._..�_'--- `r.._•:—^.:: ._.. ..._ ... _. .:...�--.�.:.LC1'.a..,...., _. STATE OF CALIFORNIA ) COUNTY OF BUTTE ) ss. On this day of 2 before me C. Pitts, a Notar Public, �n the year commissioned and sworn, personally appeared Ed McLaughlin, California, duly to me to be the person who executed this instrument as Chairmansofat a Butte County Board of Supervisors and acknowledged to me that the Butte Count Bo Of Supervisors executed it, e County Board IN lJITNESS WHEREOF I have hereunto set m seal in the County of Butte the day and y hand and affixed my official written. year in th' certificate first above _4� OFFICIAL SEAL C. PITTS NOTARY PUBUC-CAUFORNIA Not ry Public, State of California BUTTE COUNTY . °r•��° My Comm. Expires Dec 18,1989 My commission expires December lg, 1989 / .. .. .. •C�. _ •'ir�'•'• ,t:'a .J..�''• ter,. ;•u,., 'i;•:`�J'� ,tiva:A:-YA;1 1•s.:!:: _.,r Page 5 EXHIBIT I Agreement (a) "First Party", as used in this Agreement, includes each and alp of the following:, Fred Springer, c/o Arnold Pacific Property. (b) The property is now zoned: S -R, U, R-3, R-4 and C-2. (c) The zoning reclassification of the property is from Its present zoning to: R-2 and C-1. (d) Notice to First Party pursuant to Paragraphs No. 4 shall be addressed to: Fred Springer, c/o Arnold Pacific Propperties, 4811 Chippendale Drive, Sacramento, CA 95841. (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: R-2 and C-1. (f). "Property", as used in this Agreement, includes: See Attached: f C-1 zone Description All that certain real property situate in the County of Butte, State of California, described as follows: A portion of of projected East, M.D.B. follows: the Rancho Arroyo Chico, being a 1 so a portion Sections 16 and 21, Township 22 North, Range 1 & M., and being more part i cu I ar i y described as COMMENCING at the intersection of the Southeasterly line of Henshaw Avenue and the Northeasterly I i ne of Lot 11 of the Cussick Tract, as the same Is shown on the map thereof, filed November 27, 1895, in Book 1 of Maps, at Page 48, records of Butte County, California, which point bears South 37°33124" East from the corner common to Lots 6 and 11 of said Cussick Tract and Lot 13 of the Evans Tract, as the same is shown on the Map thereof, f i led November 16, 1894, in Book 3 of Maps, at Page 67, records of Butte County, Ca I i forn i a, and running thence South 37033124" East along said Northeasterly line of the Cussick Tract, a distance of 1246.56 feet to the Northwesterly I i ne of East Avenue; thence North 52°1 5' 22" East along said I i ne of East Avenue, a distance of 1 45 1.37 feet to the true POINT OF BEGINNING; thence from said true POINT OF BEGINNING and continuing along said northwesterly line of East Avenue the following three (3) courses: (1) North 52°15122" East 105.75 feet, (2) North 5200111511 East 276.82 feet and (3) North 52°15' 1 1" East 457.04 feet; thence leaving said northwesterly line of East Avenue North 37°44149" West 105.83 feet; thence North 52°15' 1 1" East 71.90 feet; thence North 3704414911 West 200.92 feet; thence North 52°15' 1 1" East 13.50 feet; thence North 37°44149" West 186.00 feet; thence North 52°15111" East 23.00 feet; thence North 37044149" West 99.13 feet; thence South 52°15'11" West 948.00 feet; thence South 37°44' 49" East 593.00 feet to the POINT OF BEGINNING. 7 R-2 ZONE Description All that certain real property situate in the County of Butte, State of California, described as follows: A portion of . the Rancho Arroyo Ch 1 co, being also a portion of projected Sections 16 and 21, Township 22 North, Range 1 East, M.D.B. 3 M., and being more part i cu I ar I y described as follows: COMMENCING at the intersectlon of the Southeasterly line of Henshaw Avenue and the Northeasterly I i ne of Lot 11 of the Cussick Tract, as the same is shown on the map thereof, f i I ed November 27, 1895, in Book 1 of Maps, at Page 48, records of Butte County, California, which point bears South 37033124" East from the corner common to Lots 6 and 11 of said Cuss ick Tract and Lot 13 of the Evans Tract, as the same is shown on the Map thereof, f i I ed November 16, 1894, in Book 3 of Maps, at Page 67, records of Butte County, California; thence from said POINT OF COMMENCEMENT and along s i d southeaster I y I i ne of Henshaw Avenue North 52°1 2050" East 1335.45 feet to the TRUE POINT OF BEGINNING; thence from said TRUE POINT OF BEGINNING and continuing along said southeasterly line North 52012150" East 815.30 feet; thence leaving said southeasterly line South 37°44' 49" East 164.80 feet; thence North 52°04141" East 10.75 feet; thence South 3704414911 East 5.00 feet; thence North 5200414111 East 235.73 feet; thence South 37044149" East 424.48 feet; thence South 52°1 5' 1 1" West 2.00 feet; thence South 37°44' 49" East 61.57 feet; thence South 52°15111" West 1059.78 feet; thence North 37044149" West 654.54 feet to the POINT OF BEGINNING. END OF DOCUMENT ictbay , Eu z� Jas J-�, LC7 Resolution No. 88_065 RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR RICHARD JONES BE IT RESOLVED AND ORDERED that the Chairman of the Board of Supervisors be and is hereby authorized and directed to execute an agreementAon behalf of the County of Butte relating to reclassification. of zoning with: Richard Jones and to do and perform everything necessary to carry out the purpose of this resolution. PASSED AND ADOPTED by the Butte County Board of Supervisors on the 24th day of May 1988, by the following vote: AYES: Supervisors Fulton, McLaughlin, Vercruse and Chairman McInturf NOES: Supervisor Dolan ABSENT: None NOT VOTING: None HASKEL MCINTURF, CHAIAY• Butte County Board of Supervisors ATTEST: MARTIN J. NICHOLS, Chief Administrative Officer and Clerk of the Board By [ L -t.06 AC�iF�iT , THIS AGREEMENT made this 24th day of May 19 88 , -by and between "First Party", as identified in item (a) of Exhibit 1 -of this AgreErrent. and the COUNTY CF BUTIE, a political subdivision of the State of California, herein called "Second Party". WITNESSETH *EDEAS, 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 M5, the Property is now zoned as specified in Item (b) of Exhibit 1; and VEEMEAS, First Party has applied for a reclassification of zoning of the Property pursuant to which application the Property is being reclassified frau its present classification to the classification or classifications specified in Item (c) of Exhibit 1; and WHEPMAS, 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 mist 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 LZEMS= AMID AGREED that inasmuch as the reclassification specified in Item (c) of Exhibit 1 is being granted, the said reclassification shall be eject 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. There must be only one access point on Durham -Dayton Highway. oJ_ c; 2b. No lots shall access Durham -Dayton Highway. f ,2c. The project site should be annexed to the Durham Irrigation District and provide public water service for the future subdivision, or provide alternative means of public water service that is acceptable to.permitting departments, 2d. The applicant is to pay a water tender fee or install a fire hydrant in conformance with CDF requirements. 2e. The applicant will be required to pay school develognent fees of $1.50 per square foot for each residential unit. 2f., No houses to be build within 100 feet of the easterly edge of the right-of-way of Turner Lane. 2g. The applicant mist also cm ply with all other applicable State and local statutes, ordinances, and regulations.. 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 Iter (d) of Exhibit 1: Any subsequent title holder, any lien holder, or { party in possession of the property shall also receive notice of such violation at an address other than as specified in Item (d) of Exhibit 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 spun to be fixed by the Court as attorney's fees. 6. Each and every one of the provisions of this agreement herein contained shall ind and insure 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. ..r • • IN Wr'INESS WHERECF, the parties hereto have executed this Agreenent the day and year first above written. 4 COUNTY OF BUTTE, a political subdivision of the State of California Rv "DOCUMENT DATED 6/6/88 FOR DEVELOPMENT AGREEMENT** STATE OF CALIFORNIA 1 COUNTY OF ALAMEDA )} ss' (INDIVIDUAL) On this 06 day of JUNE Ig $$, before me, the undersigned, a Notary Public in and for said County, personally appeared ***RICHARD JONES AND ELTZARETH JONES*** personally known to me, or proved to me on the basis of satisfactory evidence W W to be the persons(s) whose name(s) is/are subscribed to the within instrument, W and acknowledged to me that THEY executed the same. + i Witness my hand and official seal. Illll11111111111111111111111UIIIIIIIIIIIIIIIIIII1111111111flimtllllll(IOflfl OFFICIAL SEAL MIRIAM V. PILAT 2/. ..�.. NOTARY PUBLIC-CALIFORNIA 3 ' COUNTY OF ALAMEDAI A-27 c Nota • Public in and for said County and State = My Commission Expires Feb. l6, 1991 MIRIAM V. PILAT Imunuummmnuuuuulmlululmlluluunnuuauuanlnnuuuut� Name (Typed or Printed) 3403 (R9i87)2 (This area for official notarial seal) a 0 E=BIT 1 Agrement (a) "First Party", as used in this Agrees -lit, includes each and all of the following: Richard Jones (b) The property is now zoned: A-5 (c) The zoning reclassification of the property is from its present zoning to: SR -1 ,.(d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: Richard Jones, P.O. Box 11637, Oakland, CA 94611 (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: SR -1 (f) "Property", as used in this Agreement, includes: All that certain real property situate in the County of Butte, State of California described as follows: Being Lots 6 and 8 of R. M. turner's Second Subdivision as filed for record in Book B of Maps, at Page 10 in the office of the Butte County Recorder, State of California. EXCEPTING THEREEROM the following described parcel; A portion of said Lot 6 of said Subdivision more particularly described as follows: BE"MNIM at the NE corner of said Lot 6, said corner being located on the westerly right-of-way line of the Durham -Dayton Highway; thence leaving said point of beginning along the N line of said Lot 6, W, 284.00 ft.; thence leaving said N line, S, 200.00 ft.; thence parallel with and adjoining said N line, E, 351.34 ft. to a point on said westerly right-of-way line of Durha*n-Dayton Highway; thence northwesterly along said right-cf- way line to the point of beginning, ./ ,.•�� ;.S UPS ••, 4r4Q ,¢Qin �o•lk i fir. • • "'�. �O �.x• :r.'" 'i}'...�?:'r``•=i 1; .. ... f4,: _ .. �. BOARD:=OF' SUPERVISORS.. y _ _ ;,,.. ;(.;,.• .7l � � ''l�,'C'�'.1•.= � *. : ;'•�i:rv:: ,.�P.: j.. �•Y' �7i. ;.T:'Y.�� 'ir • �` �.:a , ":`: ;y> '.COUNTY. OFBUTTE,. STATE OF CALIFORNIA - •tp • r • • "';.::: ;,,;:.;:''' •�--- ....:. •�: .:.. •• �.,:m'nl.w�.Z.:pr:+ii-:�::.:w14.•iTi:•i�irti�'�;kr.•G::7.� .i:..ti:.:�._.........-._.. .... ..•.......• �.�'.' .... �:i.'....�.-...�.r�]'- •• ���••••..u.•.•••• •••�CpUN .•• Resolution No. 90-16 RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR JAMES R. BLACK 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: JAMES.R. BLACK and to do- and perform everything necessary to carry out the purpose of this resolution. PASSED AND ADOPTED by the Butte County Board of Supervisors on the 23rd day of January 19 90, by the following vote: AYES: Supervisors McInturf, Vercruse and Fulton NOES: Supervisor Dolan ABSENT: Supervisor McLaughlin rnI I^\ NOT VOTING: None Ir D LAN, Vice Chairman Butte County Board Supervisors ATTEST: WILLIAM H RANOLPH, Chief. -.Adm nlstrative Officer and Cle k of the Boar By of AGREEMENT THIS AGREEMENT made this day of , 1989, 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 Exhibit l; and WHEREAS, the Property is now zoned as specified in Item (b) of 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 l; 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. Provide a minimum of 100 ft. setback from the centerline of the Turner Avenue right-of-way as an Agricultural Easement. 2b. Provide that the urban reserve element of the recommendation for Durham -Dayton -Nelson Avenue Plan presently before the Board be applied to this property if and when it is adopted by the Board. Subdivision map must show full urban approvement as required by the Public �t . Works Department. ~ 2c: The project site should be annexed to the Durham - Irrigation District and provide public water service -for k. the future subdivision. 2d. Deed a 1 foot no -access strip to Butte County along the' ' easterly right-of-way of Turner Avenue. 2e. Provide a chain link fence along the teasterly right-of- way of Turner Avenue. 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 t n I of''any y e property pother to the suit suitable classification specified in Item (b) o f Exhibit 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 I. Any subsequent title holder, any lien holder, or party. in possession of the property shall also receive notice of such violation at an address other than as specified in Item (d) of Exhibit 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 ind and insure 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. JAMES R. BLACK EXHIBIT 1 Agreement (a) "First Party", as used in this Agreement, includes each and all of the following: (b) The property is now zoned: A-5 (c) The zoning reclassification of the property is from its present " zoning to: SR -1 (d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: James R. Black, P.O. Box 636, Durham, CA 95938. (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: SR -1. (f) "Property", as used in this Agreement, includes: All that certain real property situate in the County of Butte, State of California, described as follows: Lot 7 as shown on that certain map entitled, "R.M. Turner's Second Subdivision, Colony Co., Dayton Township, Butte County California", which map was recorded in the office of the Recorder of the County of Butte, State of California, on March 2, 1891, in Book B of Maps, at Page 10, more particularly described as follows: Beginning at the SW corner of said Lot 7, said corner being the intersection of the N line of Burdick Road and the centerline of Turner Lane. THENCE along the centerline of the Turner Lane, N 00 31' 41" W, a distance of 666.56 ft.; thence leaving the centerline of - Turner Lane, N 89 10' 59" E, a distance of 528.00 ft.; thence S 00 31' 41" E, a distance of 666.56 ft. to a point on the N line of Burdick Road; thence along the N line of Burdick Road, S 89 10' 59" W, a distance , of 528.00 ft. to the point of beginning. CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 26th day of February 19 91 , by and between "First Party", as identified in item (a) of Exhibit, I of this Agreement, and the COUNTY OF BUTTE, a political subdivision of the State of California herein called "Second Party". ' WITNESSETH' WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described in Item (f) of Exhibit I of this Agreement; and WHEREAS, the •Property is now zoned as specified in Item (b) of Exhibit 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. Limit new driveway grades to 10%. 2b. Install culverts where roads and driveways cross natural drainage channel. 2c. Install rock riprap and man-made roadside drainage to minimize water velocityand trap sediment. This shall include existing drainage channels. drainage channels. 2d. Designate a 100 foot n -development -setback from the top of the Y bank of Little Chico Creek. No structures, vegetation removal, or soil disruption will be allowed in this zone. 2e. Automatic fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standards as outlined by Article 13d to aid in the detection and control of residential fires and thus provide improved protection against injury, life lots, property damage, and reduce the demand for County fire protection services. 2f. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 3. In the event First Party, any successor in interest of First Party, or any person in possession of the property described in Item 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. subsequent title holder, any lien holder, or party in possession of the propertyy 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 Agreement and the REsolution authorizing its execution. reference to this 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 ind and insure 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. BRUCE OLIVER COUNTY OF BUTTE, a political subdivision of the State of -California 1 erson of the Board of Su rvisors FEB 2 e "Secon Party" i ATTEST: Clerkof theBoar of Supervisors ----------------------- ------------- STATE OF CALIFORNIA ) COMITY OF Butte ) Oil f. It I.s 3rd d,y of April 1991 . before mc, the undersigned, a Notary Public i.n and for said State, personally appeared Bruce Oliver -------------------- ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ --------------------------------------- ■ IMCCAARNOLD ■ ----- ^-- - — WTARYPAJC.0 F0W" ■ lirrs<nially known to me (or. proved to me on ■ • gWp1y the bar -1.^, of. satisf.aot•ory evidence) to he MYOOMMMM ■ the pf-r. son - whore fimmr-- 1S snbscr. i bed AP9112. 1M■ in 1.11,- within insty_L�ent, and acknowledged to ■■■■■■■■■■■■■■■■■■■■� me that he executed it. WITNMS m Band' and o'fffict seal. Individual Acknowledgment N y Public in and for said State 040TcCOMPARED WITH -0% a® ��� OMGINA1 DOCUMEW OARD =�F SU PERV OUNTY. _-;,O-_F.;Bu-UTTE, STATE 'OR -C �fia _, .. �Ji�GAOL�fX.h.%kfi• .2 - - �- _. ..,... .....�... t4xi��_ '%i N Resolulion No. X91-36 RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR GARY AMERINE 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: GARY AMERINE and to do and perform everything necessary to carry out the purpose of this resolution. PASSED AND ADOPTED by the Butte County Board of Supervisors on the 2nd day of Apri 1 19 .9 1, by the following vote: AYES: Supervisors McInturf, Campbell, Fulton and Chair Dolan NOES: None ABSENT: Supervisor McLaughlin NOT VOTING: None ATTEST: WILLIAM H. RANDOLP] Officer and Clerk of e Boa By ._. DOLAN, CHAIR County Board of Supervisors 1, Chief Administrative CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 2nd day of April, 1991 , by and between "First Par 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 l; 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. The applicant shall provide for all of the mitigation measures listed in Exhibit "A" at the time of the Tentative Map submittal. 2b. The following items shall be identified on the tentative map and approved by the Department of Fish and Game and Planning Department prior to approval of the map: a. expected homesite, access routes. b. topographic contours - 5' intervals. c. Spring areas. d. Riparian areas. e. All sidalcea robusta, Quercus lobata, and Minulus glaucenscens plant species on-site. f. Seeps. 2c. Comply with the Butte County Mosquito Abatement requirements. 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 a f 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 holder, any lien holder, or party in possession of the property shall also receive notice of such violation at an address other than as specified in Item (d) of Exhibit 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 off, 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 ind and insure 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. GARY AMERINE ,COUNTY 'OF BUTTE, a political /i subdivision of the State of California By Chairperson of the Board of Supervisors "Second Party" ATTEST: �_ ,., �;JLl-f Clerk of the Board of Supervisors EXHIBIT 1 - r Agreement h f 11 'arty", as used in this Agreement, includes each and ae ll of t o owing. (b) The property is now zoned: "U" and S -H. (c) The zoning reclassification of the property is from its present zoning to: FR -5- (d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: Gary Amerine, 1172 Edinburgh Road, San Dimas, CA 91773. (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: FR -5 (f) "Property", as used in this Agreement, includes: All that certain real property situate in the State of California, County of Butte, described as follows: The NW 12/4 of the NE 1/4, lying E of Clark Road as the same existed on January 1, 1960, in Section 15, and the SW 1/4 of the SE 1/4 lying E of Clark Road as the same existed on January 1, 1960, of Section 10, T21N, R3E, MDB&M. Excepting therefrom any portion that lies within the boundaries of those certain deeds to the County of Butte, recorded in Book 288, Page 42, Official Records, and in Book 820, Page 586, Official Records. Also excepting the westerly 350 feet measured from, and parallel with the centerline of Clark Road as the same existed on January 1, 1960. NOT COMPARED WITH 91 _ 289 41 0.0�•�jfu •••"to, ORIGINAL DOCUMENT' Ot+T 7 yn r•~ �{ia..., a lei .•• ��tP'i. �-----^;^-.-R'�;:<.a:. •-•--fir.. ..�_ ' • O: \moi •: �' p- :;:`, �y„� B0�4F'SUPERVIS�F7: �OF w COUNTY OF BUTTE, STATE OF CALIFORNIA ' •• -.-: _.; <`; • '; •••�.. •• Resolution No. 91-71 RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION r OF ZONE FOR RORY COURTAIN 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: RORY COURTAIN and to do and perform everything necessary to carry out the purpose of this resolution. PASSED AND ADOPTED by the Butte County Board of Supervisors on the 18th day of June, 1991, by the following vote: AYES: Supervisors McInturf, Fulton and Chair Dolan NOES: None ABSENT: Supervisor McLaughlin NOT VOTING: None ; Zthed DO CHAIRMAN ounty Board of Supervisors ATTEST: WILLIAM H. Chief Administrative Officer and Clerk By El / CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 18th day of June , 19 91, 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. Contact the Department of Anthropology, California State University, Chico, to request a records check to determine the archaeological significance of the site and whether any additional mitigation measures are necessary. 2b. Require automatic fire suppression sprinkler systems be installed in all residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes. NFPA Standard 13D. The purpose of the installation of sprinkler systems is for additional safety and property protection in the event of residential fires. This installation will reduce the demand for structural fire protection services in those instances where they are installed. 2c. Require all homesites, roadways, and grading in the zone shall be located 0 below the 720 feet elevation level. 2d. Provide an asphalt public roadway at Circle J Road and State Route 191 (Clark Road) to mitigate traffic hazards caused by an increase in conflicting turning movements. 2e. Place a dust binder on Circle J and royal Mountain Roads to reduce dust and traffic impacts caused by increased traffic generation. s� - 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 holder, any lien holder, or party in possession of the property shall also receive -notice of such violation at an address other than as specified in Item (d) of Exhibit 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 ind and insure 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. STATE OF CAUFORN1A COUNTY OF ORANGE :•39 •• .1'. • - • - �/�s • • �� ' My Commission Expires June 23, 1992 OFFICIAL SEAL MURRAY S. ,SHERMAN Notary Pubic-Califocrua ORANGE COUNTY • �� ' My Commission Expires June 23, 1992 EXHIBIT 1 Agreement ' (a) "First Party", as used in this Agreement, includes each and all of the following: Rory Courtain. (b) The property is now zoned: "U" (Unclassified) .(c) The zoning reclassification of the property is from its present zoning to: FR -5 (d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: Rory Courtain, 15224 E. Stafford Street, City of Industry, CA 91744-4418 (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: FR -5 (f) "Property", as used in this Agreement, includes: Being a portion of the W 1/2 of Section 10, 721N, R3E, MMB&M more particularly ' described as follows: Beginning at the SW corner of the N 1/2 of the SW 1/4 of said Section 10; thence along the W line thereof, N 00 degrees, 18' 43" E 579.00 ft.; thence N 89 degrees, 07' 32" E 860.00 ft.; thence S 64 degrees, 00' E 145.00 ft.; thence S 83 degrees 50' 08" E 657.74 ft. to a point on the centerline of a 60 foot wide roadway easement; thence along said centerline, S 15 degrees 02' 39" E 36.27 ft. and S 08 degrees, 02' 06" W 402.41 feet to a point on the S line of the N 1/2 of the SW 1/4 of said Section 10; thence along said S line, S 89 degrees 07' 32" W 1600.67 ft. to the point of beginning. u 7 AGREEMENT THIS AGREEMENT made this 2� day of No\]- 1989 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". W I T N E S S E T H WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described in Item (f) of Exhibit I of this Agreement; and WHEREAS the Property is now zoned as 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 l; 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 apart 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. Provide an asphalt public roadway approach at Abode:Road and Clark Road to mitigate traffic hazards caused by an increase in.conflicting turning movements. 2b. Place a dust binder. on the roadway'to.reduce.traffic impacts caused by.the proposed project. 2c. Provide a body of water for fire fighting purposes s to.. mitigate.the fire hazardassociated with the proposed project. Contact the Department of Anthro oloo, University, Chico, to request Y• California State determine the archaeological �significance rdof the and check to necessarther any additional mitigation measures site Y• 3 In the event First Part First Party, or an Y. any successor in Y person in possession of the y interest of Item '(f) of Exhibit' I violates or Property described in conditions of this Agreement within fthirt to perform an Of the thereof as provided in Paragraph 5 Y (30) days. after notice Party may instruct the the Board of Supervisors of Second legal proceedings County Counsel of Second Part to g to enforce the provisions of this Agreement titute 'Board of Supervisors of Second Part may rezone the property to the classification assecifiedate proceedingsTto Exhibit I or any other suitable classification. in .Item (b) of tice shall be sent to4. oFirst PartyOf violation of y at the addressyssecificof this Agreement Exhibit 1 and to the street address ad the p in Item (d) of Exhibit 1. property described indItem party in possession of subsequent title holder, an violation at an address other than as specified in y lien holder, or he property shall also receive notice of such Z by filing with the Clerk of the Board of Supervisors (d) of Exhibit the address to which the notice is to be sent Agreement and the REsolwith referution authorizin er Second Party ence to this g its execution. S. In the event suit Second Party to enforce an is brought by the Count Party agrees to a Y of the provisions of this Agreement, Y Counsel of Court as agrees to to Second Party a reasonable sum to efixed First. Y' fees. fixed by the 6. Each and every. one of the herein contained. shall ind provisions of reement in interest of each and ever' and insure to the benefit oftthe shis uccessor. they had herein been expressly party hereto', in the y named. same manner as if IN WITNESS WHEREOF Agreement the day and year first abovepwriteS hereto have executed this. . Rube redia�� Karen eredia COUNTY OF BUTTE, a political subdivision of the State of California ..EXHIBIT 1 Agreement (a) "First Party", as used in this Agreement, includes each and all of ' .the following: Ruben & Karen,Heredia. (b) ..The property is'now zoned: "U" (c) The zoning reclassification of. the property is from its .present zoning to: FR -5 (d) Notice to First Party pursuant to Paragraph No. .4 shall be addressed to: Ruben & Karen Heredia, 3793 Adobe LAne, Oroville,_ CA 95965. (.e) The change in zoning classification pursuant to Paragraph' No. -74 shall be to:. FR -5 (f) "Property", as used in this Agreement, includes: All that certain real property situate in the County of butte', - State of California, described as follows:. The. .S 1/2 of the SW 1/4 of. the SW 1/4'of Section lo, :T21N, R3E MDB&M. AT 0 ET T • __ 2�. L*EEMENT THIS AGREEMENT made this 14th and between "First Party", as identified in day mof February, i 89 b this Agreement, and the COUNTY OF BUTTE a (a) bd Exhibit 1 of State of California, herein called "Second Party,,. subdivision. of the e W I T N E S S E T H WHERcalled the "Pronertirst'Party is the owner of real Pr is described in Ity„� situated in the County of Buttewperty,* herein (f) Of Exhibit I of this Agreement;.hich Property em and WHEREAS, the Property is now zoned as specified Of Exhibit 1; and in Item (b)' WHEREAS: First zoning of the PropertyParty* has applied for a reclassification of Pursuant to which application the Property is being reclassified classification or classifications spits ecified inresent classification and to the Item (c).of Exhibit l; WHEREAS, public hearings have been held upon said before the Board of Supervisors of the California, and after Navin 1d , State of County matter Butte, State of been determined that certaingconditionsetothe matter Of said real property must be imposed so as not presented., it has inimical to the health, safety and the the zoning reclassification to create any problems' Butte. general welfare of the County of In a.Sall �..h NOW,�S rr __j _ _ as the reclas M:, :7_eclas.' JtiJ= RST being s granted, the sa�dcatior_ spec_r_ed --- -em (OCDo�1�'D AGREE] tha- condi,.ions specified in the follow inc yaY_o =^ s=' -all be ^subjlecj �to the P--- a7 _ aphs : �:"le l• That Exhibit i izcoroorated into as com,le ted and and eff ec` as if funaYmsae zoPan Part of fet.61- Agre�-ne� yaw L.�hnene s n� force f O110W i _r^ y cc- That FlrSt Pa r ;.y seal' �i`�or_s.and complyw_lth a- __ 2 a. Tha where muss be assur`r ce in aneined time .frame, that jer � ; i Wr_tinc with a well approPr4, way w_ water -ic_ be available fiom approved w Y d " t- mime Saddle, Parcel water source, prior. to the i or an�"e� P map, aPplication for a Firs- Par In the event Firs ` P. -Y,. or an person Person z' `y , -a--n'Y succes _tem (f) o= Exh_b; T In Possession c= `^e ,-ope°_'ir. ite_est c_ conc_t_cns e= tris ,.� vicla�es.. cr = _o` cy descr_bed ;r - A -wee -_�--s ZDe= - erec= as - men= w= ^--_^• --, -�, =o-«� .any L'�.�. ueA --_ .. - P _ ' vl- -: _n P�rag- is + _ 1 `0) davS -`_ a cY may _ sr_ -he Cou�:ty aCcur_s=ll�'e =oer� of ` �e_v_c`a__ c=�Pa_cy _o^_sc_c,.cn . • •. Ati • gal proceedings to enforce Board of Supervisors of the provisions rezone the Second Party ma of this Agreement. The Exhibit I or Proper ty to the classification specified y other suitable P ified proceedings to classification. in Item (b). of shall be 4' Notice of sent to First Par of provisions Exhibit Land to the street Y at the °f this A (d) of e address of address specific Agreement - (d) Exhibit 1, in Item (d) of party in possession oY subsequent title e Property described violation at the property holder, in Item an address other shall also any lien holder, or I by filing with the than as specified receive notice of such the address to which Clerk of the Board .o in Item (d of Agreement and t the notice f Supervisors ° ) Exhibit he REsolution authorizin be sent f Second Party Of reference to this 5. g its execution, . Second Part In the event suit Y to enforce any is brought . by the Party agrees to pay to SecodoParhe Provisions Count Court as attorne of this Agree Y Cot, First of Y's fees. Y a reasonable sum t0 ament' First 6. fixed by the herein contained Each and shall every one of the in interest of each ind and insure to therovis fit of this agreement they had herein been. and every benefit of expressly named hereto, in the seethe Successor manner as if IN Agreement the day WHEREOF, day and year fir steabovetWeS hereto . have executed 4 - this ritten. COUNTY 0_ B-T�, ,y v i g_Gr� v yi , a uol _tiCa 1 _y i Cna,-�rPers;,� o f Supervisors.. the Board of .°_ ...:pervisors - EXHIBIT -1 - Agreement (a) "First Party", as used in this Agreement, includes each and 'all* of the following: Barney Barnett. (b) The property is now zoned: PA -C (c) The zoning reclassification of the property is from its present zoning. to: AR -MH -1 (d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed..to: Barney Barnett, 5061. Pentz Road,, Paradise, CA 95969. (e) The change in zoning. classification pursuant to Paragraph.No. 4 shall be to: AR -MH -1 (f) "Property", as used in this Agreement, includes.:. A portion of the SW 1/4 of Section. 30, T22N- R4E MDB&M more particularly described as: Parcel 1 as recorded in Book of Maps 109, at Pages- 79, 80, 81 on.: 1/27/88 on file in the Office of the Butte County Recorder. AGREEMENTF e L e_ . THIS AGREEMENT made this a 3 day of N cvz rbe r - 19 Q o 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 e W I T N E S S E T H WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte,.which Property is described in Item (f) of Exhibit I of this Agreement; and. WHEREAS, the Property is now zoned as specified in Item (b) of.Exhibit 1; and WHEREAS, First Party has applied for a reclassification o.L, 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 l 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. Construct a 6 ft. sound wall of . brick , masonry,. stucco , or concrete block between the residential and commercial lots on AP 6- 50-3, 4. The wall shall be located on AP 6-50-03, prior .to issuance of a building permit on AP 6-50-03 for commercial use. 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 ofprovisions 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. d Any subsequent title holder, any lien holder, or party in possession of the property shall also receive notice of such. violation at an address other than as specified in Item (d) of Exhibit 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 ind and insure 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 Ag.re.ement the day and year first above written. Nancy ages V. C." B rtram Phylis.;s Bartram COUNTY OF BUTTE,.a political subdivision of the State of Californi By hair_ erson of the. Boa of Supervisors DEC 6 "Second Party„ (a) "First Party", as used in this Agreement, includes each and all of the following: Thomas Enloe, Ida Marie Enloe, V. M. Bartram & Phyliss V. Bartram. cY Hodges, and (b) The property is now zoned: ,/ (c) .The zoning reclassification of the property is from, present zoning to: S -H (d) Notice to First Party .pursuant to Paragraph No. 4 shall be addressed to: Thomas ENloe, Ida Marie Enloe, and Nancy Hodges in. care of Fred Hignell, Jr. Hignell and Hignell, 1500 Humboldt Road., Suite 1, Chico, CA 95926 and v. M. Bartram and Phyliss V. Bartram, 3105 Esplanade, Chico, CA 95926. (e) The change in zoning. class] at pursuant to Paragraph No. 4 shall be to: 0'' (f) "Property", as used in this Agreement, includes: All that certain real property situate in the County of Bu State of California, described as follows: tte, A portion. of Sections 9 and 16, T22N RIE MDB&M, more particularly described as follows: Beginning at the most southerly corner. of Parcel 1 as. shown on that Parcel Map of. the lands of V. recorded June 19,.1980, in Book V. M. Bartram, which map was Office .of the Recorder of the County of� aBuPtee 10, in the California, t� State of THENCE N 52' 13' 57" E alongthe southeasters li` 1, a distance.of .50 feet; southeasterly.line of said Parcel THENCE leaving said southeasterly line, N 37 Parallel with the southwesters 501 34 W. and northwesterly projection, a distancellof 1759safeeid Patoelalpoand its.. int on" the northwesterly. line of` that certain property deeded to Thomas Schram Enloe in deed recorded in the office of the. Recorder of the County of Butte, December 31, 1957, in Book 917 at Page 451; THENCE southwesterly feet; along said northwesterly line, a distance of 50 . Tic' S 370 50'. 34" E along said northwesterly pro'ectio southwesterly line of said Parcel l and the sou thwesterly:linetof said -Parcel l.a distance of.1759.feet-to the Point of Beronin ginning. d revLce AGREEMENT THIS. AGREEMENT made this 23rd day of Sept. 19 87 by and between "First Party' as identified in item (a) of Exhibit l of this Agreement, and the COUNTY OF BUTTE, a political subdivision of the State of California, herein called "Second Party". W I T N E S S E T H WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described in Item (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 l 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. Deed to the County of Butte 40 ft. of right-of-way measured from the centerline of State Highway 162 (Oro Dam Blvd. West). 2b. Meet the conditions of Caltrans and obtain necessary encroachment permits from Caltrans for the development of the above facilities. 2c. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 3. In the event First Party, any successor in interest of 4b i-04693 1@6 4 * -a AGREEMENT THIS AGREEMENT made this 17th day of December, 1985,- 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". W I T N E S S E T H WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described in Item (f) of Exhibit I of this Agreement; and WHEREAS, the Property Is now zoned as specific in Item (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 k. 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 ARID 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 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. Subject property is to be developed as a quasi -public park. The use permit for such park is to address at least: aa. Adequate parking for the recreational facility. ab. Necessary road improvements to Retson Road, providing access to the property. 00 d7 Page 2 ac. A historical survey should be performed prior to the application for the Use Permit, and the application should provide ror preservation of any historical resources. ad. Glare from outdoor lighting should be addressed. 3. In the event First Party, -any successor In.lnterest 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 59 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 thls.Agreement shall be sent to First Party at the address specified in Item (d) of Exhibit I and to the street address of the property described in Item (d) of Exhibit I. Any subsequent title holder, any,lien holder, or party in possession of the property shall also receive notice of -such violation at an address other than as specified in Item (d) of Exhibit I by' filing with the Clerk of the Board of Supervisors of Second Party the address to which the notice is to be sent, with reference to this Agreement and the Resolution authorizing its execution. .5. In the -event suit is brought by the County Counsel of Second Party to enforce any of the provisions of this Agreement, First Party agrees to pay to Second Party a reasonable sum to be fixed by the Court as attorney's fees. 6. Each and every one of the provisions of this agreement herein contained shall bind and Inure to the benefit of the successor In interest of each and every party hereto, in the same manner as if they had herein been expressly named. IN WITNESS WHEREOF, the Agreement the day and year first STATE OF OREGON ) ) ss County of Multnomah) parties hereto have executed this above written. Vice President Loul.slana PacIf"'Co rporatlon Assistant Secretary SUBSCRIBED and sworn to before me this. �Y day,of January, 1987. Not ry Public for Oregon My Commission expires: %�� USE PERMIT BUTTE COUNTY PLANNING COMMISSION August 22, 1986 DATE: (Registered Mail Rec.) 86-48 PERMIT NO. AP 59-05-15, 59-06-20 ASSESSOR°S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below:.Louisiana Pacific Corporation is hereby granted a Use Permit in accordance with Japplication filed: 3-31-86 to allow a park as -a public/quasi-public use ion property zoned TM -20 located approximately 600 feet southeast of,the inte,'section of Diamond and Laurel Streets, Stirling City area, north of Paradise., 1. Failure to comply with the conditions specified herein as the.basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning En6bling Ordinance. 2: Unless otherwise provided for in a condition to a use permit, all conditions must be completed by the permittee within 12 months of the delivery of the countersigned permit to the permittee. 3. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the permittee, the permit shall become null and void and reapplication shall be required to establish the use. SPECIAL CONDITIONS: 1. Provide the Butte County Environmental Health Department with an accurate map showing streams and swales and lower swampy areas and/or field stake such areas. No septic system may be located within 100 feet of such areas. Also provide a map showing future waterline locations on the property, regardless of the source of supply. Deep hole tests may be required in the leachfield areas. 2. Obtain septic permit(s). Show number of fixtures in restrooms. Also provide plans for the caretaker's home. 3. Meet the requirements of the Butte County Fire Department. 4. Obtain encroachment permits for all driveways from the Butte County Department of Public Works and install the required facilities. 5. Provide 40 parking spaces developed to Butte County Code Section 24-35 standards. 6. Subject property is to -be developed as a quasi -public park. The use permit for such park is to address at least: a. Adequate parking for the recreational facility. b. Necessary road improvements to Retson.Road, providing access to the property. C. A historical survey should be performed prior to the application ` for the Use Permit, and the application should provide for preserv,ation of any historical resources. d. Glare from outdoor lighting should be addressed. 7. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use.permit, and that I agree to abide fully by said conditions. Dated: 3 �� Applica NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive anyo her requirements. Chai an of Planning Commission CC: Department of Public Works (2) Health Department Fire Department AGREEMENT THIS AGREEMENT made this day of 1985, 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". W I T N E S S E T H WHEREAS, First Party is the owner of real property, -herein called the "Property", situated in the County, of Butte, which Property.. is described in Item (f) of Exhibit I of this Agreement; and -.L 111 WHEREAS, the Property is now -zoned as. specific 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; arid- WHEREAS, nd � - -- WHEREAS, public hearings have been held..upon said application - --. before the Board of Supervisors of the County of'Butte, Stateof=- 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 I, as completed and attachea 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. Comply with Use Permit 86-62 issued on AP 6 -35 -24 -with the n stipulation that landscaping requirements for the entire project area be / fulfilled at the time of the issuance of the building permits. 2b. Dedicate 20 -foot radius returns at Lassen Avenue and �,�/ Esplanade. U _ S _. 2c. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. pti 01 USE PERMIT it -,BUTTE COUNTY PLANNING t w, r .� +• .t . COTMISSION i ' September nFr ' t ^t r {"?ywtr} DATEt ( 'ti I - • 4c. i4,..i� 5, 1986' daily Rec.t) sx i 1y >x gv Registeredt S}'•�? s , J .. .. r ",.�?•, � M�if4' {1 �.�,�yjY���y fr{g',}',�,•i •�,.�..y,,,'+ :�t?f,� �a.y ! !r. �)))-� tl,t.,• yr! Tj,+17va' t •�,•i'f.:YVry'ir f-r� 5r 1}%�•fa,� L9f(fr :t1 ! 1 i -•Lr`� �.}'r%..1` 1 � J�• tt Y �•.t' � i�. �,tM PERM >~ �tif'^(', � ,.7, 4- Q •�j .i,Fn vU't% �f{ 1.�:✓1�'h�i4'•t�''�+'� t IS+�i, D 2n ), s.r 4ln`r:. a�• asF4�" a .. _ . -, '.a.• NO •^ !: i {¢tWt+ �.��,,, - tr•. tr C.",,' i M; r7 1� f trr - t �! �he,r , t' +! , Si� �"S! r tiq i'.F � i • SYRFJrf}(f r r! 4 a4t�7..(?st�4q" s ! J.'� '� s^� `4r''�, - �i 'S "f •� ., ( f A•k { c � f, }}':§ s Jd N a F >+^ �X3, ..d „1�.ra' •a { j�?` �, r §� Y x rK'r!c Sr SSESSOR'S 'hrs,�.�'4•ri l',t ,f" >f r _^' : y i<PARCEL rT r r • y '`00 Pura ant�to t ea4prov,F Butte `,ind�the}'?s ecial�condibi'ona r t e p Tuttle his ;)iereb as r -+' 7 y.g za r led!�,h5/27%86r%to:i •'' fraw retail rsalea4,fort+aa cions of t e 2oningr Ordinance r set' forth�sb'�elaiwt1Vt!7 ranted s UaeiSPerm`i$; in. accord`a""neer;Kith �_ t ,yS s . 3 a A1.1&i Ythq�changezeinSexi'at use on�.p'roperty`vzonsd,.0 ; r En rit5 t.nonconfonaing �hT GteV lit, o Qua�ra�o and Ji a applicatio rili x auae loot*ed on tlie' x , } s�'tnorEh�ieat',cori(nVer:{,[=of ��+JN .:� • ly Failurtor-complyRMithrthesconditions�epecifiedherfaathe oM approval,offappli c`euseiforttheKrevocation§ofi�aaid,Pa }of+five -ttjt�ti;e(j�i}�%Edplanade and LaaeeaiAvenus; T''iiJ•...+ `~ y! �. rW���{ _ -ca tion,and, idauanee,of mit in '.d -�,1- �Pertait.lsconsti`tutes a�cordance's'14 Chico. Baia ii the .:• Ordirience. e' '� proredu°reataetifortihalii �yy,r,+V 4i�iw T . • '' _ .�Z;g�t>i'm,y+y�otE,Y;F •t�"raC�is�7�v�t `UneaaotherNise.•provided��forin,e eBu�tterCounty2oning`§Enabling 1r �15gs.Si?SZyMN �}f �'` "3+�'1>�ti �1 >�Y�` '� t�• ,f5 •?,t` •t. 1Ya Y *�a `IY, •764t' eonon,;torrauae r�` f "sl p�, F:�Yt r`,i m`tt S lii )i ,FY Y ? 'k` t _ permiE,i�ll " ` w 2. n.•: ,� r< �' rt t�`conditiona� misat�bes}completed r thep::deliveryrof �by�the�:pe'rniLttee the oountars i'gned permti+t�:to yiiithin; the" f12j�tmonthar of ,• _ 41 _.� ,. .. , t�y ,'�'� aJ�l. tud •f•.! •�ty. T �J'k}i''{ Ma r�T.'"�;-i�'Atiyt,,,t,SS,:k•.Dart—��Vq,'s••,t t ��,� �L.'}t J{P'}'+} f trfi �w°+n,�r. irn {,. ,�. �'y y, Y t} i f^ir „�. ti tNjfi V++iLb - ��;;3." t :��i�any,�r�ee�tfor;xhich�ak C'J'iY�V�ipP �• r ?IC uaa"�"p-',ermit,thaa been. tdate aranted%.}•i•a ofareceipt 1.a l ofl[ttie,��� �;.;. . eatabllahediWithin�oneyear�'of ' counteraigne� «�: andnv'o+'d� and ire""app, r'r �T~r �� a'�3�Z 'F. W athe > ai, ta, v>, ty percait bye Qthe permittee•�istlie lication��}a}ha'll1be.;4.required, rtUr¢i1f ;3'}r\,iyCYa�"�^k itfj.',4j��y��?t��iti Lt �IYft (tXu. 1'A i7)x�.cY}n d,�T •+ +'i' permit�5ahall to eatabljiSahyth@,ruse.: n �ygi9lw{l S,! I b�eane �rtull ��'x^ 9 �,.JEiiY•'f,j0.��;',�4 •r." •Y J li }.5M .�_ - . (r�g'^k SPECIAL CONDITI0N3�«`.t� 'r' s}i}K� .-:.+i;�iijrtt\,. �� i{Jjl'r/;��If;.i •Y1R'rD'ikdtY ,.. eed i30 ft. ,of� r r t - 9t�''0x ur`r h� _ „t'r• dnd�;gutterz.+and 1• (Y•. ,1 l f iL t� ly�r rt t r •,y -.f 1 }i`ud+.r�iT� tp x" -' };,• q' �1 a i e> �{ �yI H 'i tyfMilftl tl: "#,9yaa_f}'4^' a�•%9' it Y. r- right of ray ,fromS centerline t t . }r, r, r xn r r dl\ t 1 i` •. - s ,iC, i E-, \IJ +a ' \tS qr, Sp,�-%4Y\�Y(...• h1� �,'� gay 3, 'r / (4 J• ^�' is a + ary ntceaaroadway kT r. ,i r ,ft•t.3 s.r` :,.4', .:j <�, •'.c ;`i"\h. rof Laaaen'.}Avenve Nr .' a G Mideiiin6 a , "!,}.? .;;ark;i :•n:• F �'` ',:�i:3,.•lY"S•. #3: r..- ",.t i;>z. ae •J # r.r I yki ya•wd •4 f >. weste3rlyfito` w ... , Y . " 5; r, 2'a� sExtendcurb •+ a.! T•. --£ the,Heat{property . .. L,•_a �1t�;����<{�id'4� .1?+rl.��>ry o` 3:'11`vAny ai6nb�:'inatalled Yh "of,�, the richt ' �p �t45 y�af•: I •Y. {Z Verify`irthat ,' J a ' r ft / Tv line155.& '!�£.:3µt�,• {fit t'�s� �(�'`1t`J{�#��t' ,.r r� ' 4 to,' identifytsthe business ofY i4afor'bothGtheiEsplanede �.F l'v t rypn�a f 6 1 }!tL �{,lih' andacapin6 andtoff at'reet parkinb r }y :.: - ti';t must and Lassen t . i comply' one i t -+t< t , >< t,a �,�,., +\ "-t9 rte �>� ' c �k9• ' ` be lochted� outside Avenue. :. S withi the vx epace�of 14 , _ - • i street Parking�Ordinance:�Designate. feet x 20'feet (7.t ix 8 't'i Comply Nith ,. {'Works. for,, use by+yy's,handicapped persons. �' • .. S \LY lis. :. F any requirementa `'of ` the Building ;parking Division .. N: .,., - of, Public ` ' r r ' 14 6.;.•Applicantmust.•also complywith all other applicable State and local' �.. etatutee'i1 ordinancea'� andreeulatfona "rtih� h®rebydec+lanai%un,deriPenaltyorf �Per�ury, EthaC;,l�have read{thee . f�rel�oin6 �-onr,itioiices At` they��ra�in rfa:ctv�th`e�&condlttionsy hich,,���M'ere3,�::5 r y ` ` r',Mr Y� tihiye use ermit, end ;tti•itI `ii6rae,•ti8$Sabde ' inpoesd.�ivpon'„��`.Eheir'6r.antiinat'o p. � ,. a- •' • afully�`';by�? sa`i'E!i condit``i•°ors�' .� +ApelI- einb FV eZ _ ,pp'� Ies�e•to x• h, Uae Perayi oe Ma , " 1r�,ameK o IMP '', !Smart +�• „�a c w l Msp veru r . u+ a3 ri4 ,S:Fr aa. w a a v �a P n obtanins8ui�`idia d Health" epi toren eritisb1eforye• staff Sr x J a,V ;+:,t, _P� d-tt w vi" ej, 1• .M.o6 ,yi»h ,'8 :. nor does aiv any o her r u xements,;. ;�. �+conatructfon��, ,,. '� �,1 - .J°.' G, t•'+tr��+t, ;,• r WI • ;^` r ''�Cha'ie^�aaai'��o .`�;P.,1'anii'iti�.Cisaiot,�'�•", i.= 1 + r ?CC Deparenv, of,r ub c Horka `2�S , A . ...�':.,1,•7'�.(- � air y, Ln j�11P, +'- k `. 5�:.rot4.Y �' yN ��,�� � -! •:Fire . - 0r b5 � g� -109 AGREEMENT THIS AGREEMENT made this iI day of ���� 1987, 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 specific 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 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. Area zoned R-1 access is limited to E1 Verano and the area zoned R-3 access is limited to Lassen Avenue. 2b. Maximum density allowed will be 21 units in the R-1 area and 38 units in the R-3 area. 3." In the event First Party, any successor in interest of ale c2. k33� w� av 2� cjrn kr 1 AGREEMENT 1 t-� - $'1-42 ti7l 0 THIS AGREEMENT made this -26 day of ,)t/A45 , 19 $% , 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". W I T N E S S E T H WHEREAS, First Party is the owner of real property, herein called the ."Property", situated in the County of Butte, which Property is described in Item (f) of Exhibit I of this Agreement; and WHEREAS, the Property is now zoned as 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. Upon application for a subdivision on Parcel 39-06-94, the existing air strip will be abandoned. IQ o 3. In the event First Party, any successor in interest of o[Zo n 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 �y WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte, which Property. is described in Item (f) of Exhibit I of this Agreement; and WHEREAS, the Property is now zoned as specific in Item (b) of Exhibit to 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 applicati..on 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 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. Soil surfaces exposed by construction and grading activities (particularly slopes) to be stabilized by: 1. Re -vegetation as soon as possible, prior to the rainy season. AGREEMENT THIS AGREEMENT, made this 15th day of October , 1965, by and between "First Party", as identified in item (a) of Exhibit l of this Agreement, and the COUNTY OF BUTTE, a political subdivision of.thp State of California, herein called "Second Party". W I T N E S S E T H WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte, which Property. is described in Item (f) of Exhibit I of this Agreement; and WHEREAS, the Property is now zoned as specific in Item (b) of Exhibit to 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 applicati..on 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 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. Soil surfaces exposed by construction and grading activities (particularly slopes) to be stabilized by: 1. Re -vegetation as soon as possible, prior to the rainy season. 3. Preservation of existing vegetation outside of development areas. Page 2 2b. Stabilization of all road cuts. 2c. Roadside drainage and culverts should be constructed as part of all road construction. 2d. Storm water runoff channels to be stabilized with rock lining and energy -dissipating structures where necessary. 2e. Storm water energy dissipators shall be placed at outfalls of roadside ditches. 2f. Limit earthwork; and grading activities to the dry'season only (April through October). 2g. Terminate grading activity prior to the rainy season. Disturbed soil surfaces will be protected d6ring the winter rainy season with tarps or native grasses. 2h. Minimize cut and fill 'e>:cavation and large-scale site clearing pursuant to Appendix 70 of the Uniform Building Code. 2i. Roadway locations should conform to terrain, following contours wherever feasible and avoiding steep embankment cuts. 2j. Existing on-site roads should be upgraded for access whenever possible, rather than cutting new roads. 2k. All requirements of the Butte County Fire Department/California Division of Forestry must be met. This includes but is not limited to the following: 1. Clearing of brush 70 feet from all structures. 2. Clearing of brush 10 feet adjacent to all roads. 3. All roofs, exposed underflooring and building projects shall be of fire -resistive construction. 4. Adequate water pressure or water storage facilities must be provided on each parcel as a condition of development. S. The provision of drafting connections for all wells and water storage facilities for BCFD/CDF access. a 4e�J 21. New wells shall not be drilled near slopes of 40%•. Page 3 2m. Future division of AP 51-10-106 shall designate the easterly 57 acres as a no -building area for residential structures with the exception of those areas with a slope of less than 30 degrees and accessible from Merchant's Bar Road. 2n. Homesi tes west of ColAtr...)l enc to be within 300 feet of Coutolenc Road. This condition to be voided when the Paradise Rod and Gun Club moves to a new location. 2o. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 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 (ZO) 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 specified in Item (d) of Exhibit I and to the street address of the property described in Item (d) of Exhibit I. Any subsequent title holder, any lien holder, or party in possession of the property shall also receive notice of such violation at an address other than as specified in Item (d) of Exhibit I by filing with the Clerk of the Board of Supervisors of Second Party the address to which the notice is to be sent, with reference to this Agreement and the Resolution authorizing its e=xecution. 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. i IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. • ' R• /� /�'. ��- �%i • �/ - - ice. < <•�, -�`' � • "' • •`?. !r,-•- R -` .• r, ' . . 1 - . + ' ' 1. • , ^ • /r. r .�- .. 7-53 2a. Subject property is to be developed as a quasi -public _ parEr„ -The,_use,.p-er.mi.t._for such -par L: -is" toyaddress at -least: -�- - aa. Adequate parking for the recreational facility. }: ab. Necessary road improvements to Retson Road, providing arrc�a� fn i-hF+ nrnn-Ffv_-- ac. A historical survey should be performed prior to the appl-i-cation--for the -Use--Fermi-t, and- the application Tshou-ld--pr-ovi-de--for preservation of any historical resources.' ad. Glare -from outdoor lighting should be addressed.i r_, CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this . day of '.19 , 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 -deter'mined'=—' that --"'certain-- conditions -`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 _ . _._..._.._... NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification specified in Item (c) of Exhibit L 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- and __ , comply . with - .. all- _ the following conditions: _. _ i --- — ---- - 2a. --A .--complete - archaeological ... survey -of -the _property --is.- __to . - be:-' _ performed by a qualified archaeologist prior to any application for discretionary or ministerial permits at public agencies. - 2b. Applicant must also comply with all other : applicable State and local statutes, ordinances, and regulations. s 4. Notice of violation of provisions of this Agreement shall be sent to First Party at the address specific in Item (d) of Exhibit I and to the street address. of the property described in Item (d) of Exhibit ' 1. Any subsequent title holder, any lien holder, or party in possession of the property shall also receive notice of such violation at an address other than as specified in Item (d) of Exhibit 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 ind and . insure 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 Agreemetit­' - the day and year first above written. LARRY ROYAL KAREN ROYAL _ PATRICIA A. PETERSEN OWEN PETERSEN COUNTY OF BUTTE, a political subdivision of the State of California 3. In the event First Party, any successor in interest of First Party, or any person in possession of the property described in Item (f) of Exhibit I violates or fails to perform any of the conditions of this Agreement within thirty (30) days after notice thereof as provided in Paragraph 5, the Board of Supervisors of Second Party may instruct the County Counsel of Second Party to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of Second Party may also initiate proceedings to rezone the property to the classification specified in Item (b) of Exhibit I or any other suitable classification. 4. Notice of violation of provisions of this Agreement shall be sent to First Party at the address specific in Item (d) of Exhibit I and to the street address. of the property described in Item (d) of Exhibit ' 1. Any subsequent title holder, any lien holder, or party in possession of the property shall also receive notice of such violation at an address other than as specified in Item (d) of Exhibit 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 ind and . insure 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 Agreemetit­' - the day and year first above written. LARRY ROYAL KAREN ROYAL _ PATRICIA A. PETERSEN OWEN PETERSEN COUNTY OF BUTTE, a political subdivision of the State of California t ��v__ NnT i33 -8t 84-13°1 GS -01- ZD _S7AZiZ F vErl 85 -'7.8 gS -t 69 S8 - 81- o. I -ro o(o �Loyis�Au,q lFAc. 84-1 g4 -I es -7 --3-4 ZI,7 8 t-luw SAlb c:o'I.ETT I $�-Z7i $5-37 (03-oC)-18 ----- 0 7 - 30 -01 F vErl 85 -'7.8 gS -t 69 S8 - 81- o. I -ro o(o �Loyis�Au,q lFAc. 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COPSTY OF BUTTE — AGENOWEMS TO: Board of supervisors FROM: Planning DATE: 8/12/88 SUBJECT: Board Agenda 8/23/88 - Status of Conditional Zoning projects, File 84-13 SUMMARY OF REQUEST: Consent Agenda - For review - Information only a Additional information attached: C(YES ' ❑ NO Describe Memo Previous Board action: Date Minute Order Summary of Action: Funding sources Current year cost Annual cost Judgeted ❑ YES ❑ NO Will proposal require additional personnel? ❑ YES ❑ NO. IF YES, STATE NUMBER PERMANENT TEMPORARY OTHER CHIEF ADMINISTRATIVE OFFICER'S RECOMMENDATION: ❑ APPROVE . ❑ APPROVE WITH CONDITIONS COMMENTS (IF ANY) 4/5 Vote required Majority vote required 00 NOT WRITE BELOW THIS LINE — FOR CLERK'S USE ONLY Board action: ❑ Approved ❑ Denied Referred to Ordinance Nii: Continued to Resolution No Report to Board on Minute Order No. Second reading Contract'. Other MN: Mo / 2nd AYES. NOES ABS NV Inter -Departmental Memorandum TO: Board of Supervisors FROM: Planning Staff SUBJECT: Status of Conditional Zoning Projects, File 84-13 DATE: August 10,'1988 The following projects have been approved with conditional zoning. This memo is the annual.update on the applicants' compliance with the conditions of the rezones.' -1. Robert Berndt - Resolution 84-139 - Conditions: a. That First Party shall construct and maintain sediment ponds in conformity with Exhibit III A and B. b.• That said sediment ponds shall be constructed and installed at such. time as the Paradise Irrigation District determines the necessity therefore. A parcel was approved for this parcel on March 4, 1985. The final map has not•yet been recorded. No development at this time.. .2. Douglas Starr - Resolution 84-165 - Conditions: a. Pay fees as agreed to C.U.S.D. b. Install a mutual water system under.permit by Department of Corporations and Department of Environmental Health. C. Trim brush along the curve of the'westerly intersection of Forest Ranch Road and Highway 32, the entrance to the school site; and Schott Road and Highway 32. d. Apply•dust palliative such as Calcium Chloride on non -paved roads to minimize dust. e: No site disruption or construction during rainy season. f. Mulch or reseed exposed soils at onset of rainy season. g. Gravel or pave all roads. h. No vegetation or tree removal except for those directly in the way of driveways or houses. i. Homesite fencing limited to 4 or 5 strand barb wire no lower than 16" nor higher than 48" above ground. j. Install a swimming pool'or water storage of 7500 gal. minimum with drafting connection or water pump. A. No shake roofs or exterior shake siding will be allowed. A tentative subdivision map was approved on November 4, 1985. The final map has not been recorded. One of the. original parcels has been sold. It does not -appear -.the approved subdivision will be completed. Any new construction on the existing parcels, however, will still be subj ect' to the conditions. 3. Ed Hunsaid Resolution 84-193 - Conditions: a. Terracing to direct storm water runoff into drainage ditches. b. All drainage ditches to be lined with asphalt or p.c.c. grout to reduce storm water runoff speeds. C. Lands not occupied by dwellings, roads, and other improvements shall be landscaped as.recommended by Kingsley Sterns, Biologist. d. On-site.storm water runoff,.drainage to be conveyed via off- site ditches lines with asphalt or p.c.c. grout or pipe to the nearest approved drainage swale. No development at this time. 4. Richard Coletti - Resolution 85-37. All conditions have been met. 5. Eugene B. Even —Resolution 84-169 - Conditions: a. Soil surfaces exposed by construction and grading activities (particularly slopes) to be stabilized by: 1. Re -vegetation as soon as possible, prior to'the rainy season. 2. Development of perimeter berm. 3.' Preservation of existing vegetation outside of development areas. b. Stabilization of all road cuts: C. Road side drainage and culverts should be constructed as part of all construction. j 2 d. Storm water runoff channels to be stabilized with rock lining. and energy dissipating structures where necessary. e. Storm water energy dissipators shall be placed at outfalls of roadside ditches. f. Limit earthwork and grading activities to the dry season only (April through October). g. Terminate grading activity prior to the rainy season. Disturbed soil surfaces will be protected during the winter rainy season with tarps or native grasses. h. Minimize cut and fill excavation and large-scale site clearing pursuant to Appendix 70 of the Uniform Building Code. • i. Roadway locations., should conform to terrain, following contours wherever feasible and avoiding steep embankment cuts. j. Existing on-site roads should be upgraded for access whenever possible, rather than cutting new roads. k. All requirements . of the Butte County Fire Department/California Division of Forestry must be met. This includes, but is not limited to the following: 1. Clearing of brush 30 feet from -all structures. 2.. Clearing.of brush'10 feet adjacent to all roads. 3. All roofs, exposed underflooring and building projects shall be off fire=resistive construction. 4. Adequate water pressure of water storage facilities must be provided on each parcel as a condition of development. 5. The provision of drafting connections for all wells and water storage facilities for BCFD/CDF.access. 1. New wells shall not be drilled near slopes of 40%. M. Future division of AP -51-10-106 shall designate the easterly .57 acres as a no -building area for residential structures and accessible from Merchant's Bar Road. n. Homesites west of Coutolenc to be within .300 feet of Coutolenc Road. This condition to be voided when the Paradise Road and Gun Club Moves to a new location. 3 o. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. A subdivision map has been approved and finaled. Some lots have been sold and are currently being developed. A house on one of the lots is nearing completion and many of. the conditions have, not been met particularly items al, a2, c, h, kl, k2, and k4. The current owners will be notified to comply as much as possible given the amount of development that has already occurred. 6. Louisana Pacific - Resolution 86-53. All conditions have been met. 7. Bruce Mitchell - Resolution 87-109 - Conditions: a. Prove that there is a 60 ft. deeded right-of-way from.nearest County maintained road. b.. Have a 60 ft. deeded right-of-way access from property for an alternate public road. C. Clear private roadways of dry and dead brush from 20 feet from centerline and dispose of brush according to CDF requirements. d. Pay $250 water tender fee for Butte County Fire at time of application for building permit. e. Residential structures to be built with fireproof, boxed eaves, fire resistant exterior walls, no shakes or shingles: f. Sprinkler system to be installed in interior of residential structures. g. All outbuildings (accessory buildings) to be built with fireproof roofs. h. Applicant must also comply with all other applicable State and local statutes.. ordinances,and regulations. No development at this time. 8. Jan Greenberg - Resolution 87-87. All conditions have been met. 9. Dave Jones/Bolster - Resolution 87-109. All conditions have been met. 10. Don Deter - Resolution 87-110 - Condition: 4 0 a.. Upon application for a, subdivision on Parcel 39-06-94, the existing air strip will be abandoned. Land division has not been applied for as yet. 11. Theresa George/Jere Bolster - Resolution 87-235 - Conditions: a. Owner to sign an agreement to participate in a drainage assessment district when and if the local agency establishes said district in the future and meet the requirements of the Nitrate Action Plan. b. Any new development or conversion' of the existing single family residence to be served by Cal -Water. C., Both parcels to be *limited to one common driveway access easement form Highway 32 at the common property line when developed to commercial uses. d. Install curb, gutter, sidewalk and drainage upon conversion of the existing single family structure or development of,AP 42-14-114. e. Construct a_ two-way left turn lane with standard tapers to Department of California Transportation requirements. f. Contribute a pro rata share as determined by CDF for commercial zoning to the cost for the new west side fire station fund. g. Owner to, sign a covenant.running with the land that noise mitigation devices including an 8 foot masonry sound wall will be installed as necessary so that development and operation of commercial uses will.not generate more than 60 dB at the northwest and southwest property lines. h. All structures shall be 1-ocated a minimum of 25 feet from the southwest right-of-way of Highway 32. i. Exterior lighting shall.be shielded from Highway 32. j. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. No development at this time. 12. Eduardo Vance/Clarence Hammer - Resolution 87-263 = Conditions: a. Deed to the County of.Butte 40 ft. of right-of-way measured form the centerline of State Highway 162 .(Oro Dam Blvd. West). r 5 + , 0 �- b., Meet the. conditions of Caltrans and obtain necessary encroachment permits from Caltrans for.the development of the above facilities. C. Applicant must, also comply with all other applicable State and local statutes, ordinances,.and regulations. No development at this time. 13.' Frericks - Resolution 88-26 - Condition: a. The owner agrees to pay the.deer mitigation fees required by County Ordinance for issuance of building permit(s) at the time such permits) are issued. The owner acknowledges that no such ordinance is in effect as of the date of the approval of this rezone. No development at this time. Deer mitigation fees have not yet been adopted. CBS:lr M BUTTE GOUNTY BOARD OF SUPERVISORS MINUTES - August 18 , 1987 Inter -Departmental Memorandum TO: Board of -Supervisors FROM: Planning Staff SUBJECT: Status of Conditional Zoning Projects, File 84-13 DATE: July 2,' 1987 The following projects have been approved with conditional zoning. This memo is the'annual update on the applicants' compliance with the conditions of the rezones.. Projects that had met'all conditions.as of. last years review are not included. 1. Robert Berndt.- Resolution 84-139 - Conditions: a. That First Party shall construct and maintain sediment ponds in conformity with Exhibit III A and B. b. That said. sediment ponds shall be constructed and installed, at such time as the Paradise Irrigation District determines the necessity therefore. No activity. Robert Berndt has applied for a Tentative Parcel Map. It was approved on_March 4, 1985. The final Map has not been recorded. 2. Douglas Starr -'Resolution 84-165 - Conditions: a. Pay fees as agreed to C.U.S.D. b. Install a mutual water system under permit by Department of Corporations and Department of'Environmental Health.,' C. Trim brush along the, curve of the westerly iintersection of Forest Ranch Road and Highway 32, the entrance to the school site; and Schott Road and Highway 32. d. Apply dust palliative such as Calcium Chloride on non -paved roads`to minimize dust. e. No site disruption or construction during rainy season. i f: 'Mulch or reseed exposed soils at onset of rainy season. g. Gravel or pave all roads. h. No vegetation or -tree removal except for those directly in the way of driveways or houses. 'i i. Homesite fencing limited to 4.or 5 strand barb wire no lower than 16" nor higher than 48" above ground. j. Install a swimming pool or water storage of 7500 gal:minimum with drafting connection or water pump. k. No shake roofs or exterior shake siding will be allowed. Douglas Starr has applied for a tentative subdivision map. It was approved.on November 4, 1985. , THe final map has not been recorded. All above conditions have been incorporated as conditions of approval for the final map. One of the 5 acre parcels involved in this project sold recently. -The new owner is contemplating a four parcel split. Any new parcels created will have to meet the requirements of the zone. .3. Ed Hunsaid - Resolution 84-193 - Conditions: a. Terracing to.direct•storm water runoff into drainage ditches. b. All drainage ditches to be lined with asphalt or p.c.c. 'grout to.reduce storm water runoff speeds. C. Lands not occupied by dwellings, roads,, and other` improvements shall be landscaped as recommended by Kingsley •Sterns,.Biologist. d.' On-site storm water runoff, drainage to be conveyed via off- site ditches lined with asphalt or p.c.c. grout or pipe to the nearest approved drainage swale. etc. No development at this time. 4. Eugene B. Even - Resolution 85-169 - Conditions: a.. Soil surfaces exposed by construction and grading"activities '(particularly slopes) to be stabilized by: 1. Re -vegetation as soon as possible, prior to the rainy season. 2. Development of perimeter berm. 3. Preservation of existing vegetation outside of development areas. , b. Stabilization of all road cuts. C. Road side drainage and culverts should be constructed as part of all construction. d. Storm water runoff channels to be stabilized with rock lining ' and energy -dissipating structures where necessary. �e. Storm water energy dissipators shall be placed -at outfalls of roadside ditches. f. Limit earthwork and grading activities to the dry season only (April through October).. g. Terminate grading activity prior to the rainy` -season.' Disturbed soil surfaces will be protected during the winter rainy season with tarps or native grasses. h. Minimize cut- and fill excavation 'and large-scale site clearing pursuant to Appendix .70. of the Uniform Building Code. i. Roadway locations should conform to terrain, following - contours wherever feasible and avoiding steep embankment cuts. j. Existing on-site roads should -be upgraded for access whenever possible, rather than cutting new roads. k., All requirements of the Butte. County Fire Department/California Division.of.Forestry must be met. This includes, but is not limited to the following: 1. Clearing of brush 30 feet from all structures. 2. Clearing of brush 10 feet adjacent to all roads. 3. All roofs, exposed underflooring and building projects. shall be off fire -resistive construction. 4. Adequate water pressure of water storage facilities must be provided on each parcel as a condition of development. 5. The provision of drafting connections for' all wells and water storage facilities for BCFD/CDF access. ,1. New wells shall not be drilled near slopes of 40%. M. Future division of AP 51-10-106 shall designate the easterly 57 acres as a no -building area for residential structures and accessible from Merchant's Bar Road. n. Homesites west of Coutolenc to be within 300 feet of Coutolenc Road. This 'condition to be voided when the Paradise Road and Gun Club Moves to a new location. o. Applicant must also comply with all other applicable State and local statutes, ordinances, and -regulations. Eugene Even has applied for a Tentative Parcel Map. It was approved on February 24, 1986. The final map has not -been recorded. All above conditions have been incorporated as conditions of approval for the final map. 5. Louisiana Pacific Corporation - Resolution 86-53 - Conditions: a. Subject property is to be -developed --as a quasi -public park. The use permit for such park is,to address at least: 1. Adequate parking for the.recreational facility. 2. Necessary road improvements 'to Retson Road, providing access.to the property. 3. A historical survey should be performed prior to the application for the Use Permit, and the application should provide'. for preservation of any historical resources. 4. Glare from outdoor lighting should be addressed. A Use Permit for the park was.issued on August 22, 1986. All of the above conditions were. incorporated in the Use Permit conditions. Condition #3 has been completed. Encroachment permits have been issued by the Public Works Department for a driveway access. Louisiana Pacific is just now starting on the improvements. They have applied for building permits for a caretakers residence and the 'public restrooms in accordance with their Use Permit. CBS:lr • � OUTrF`�. Inter=Departmenota�i Memorandum TO: Board of. Supervisors FROM: Planning - su9JECT: Development Agreement Fees DATE: September 27, 1984 Resolution 81-229 adopted by your Board on October 6, 1981 provided the procedure for considering and entering into development agree- ments pursuant to Government Code Section 65865 et seq. This resolution did not provide for an application fee. There is considerable 'expense to the County in staff time and publishing inasmuch as consideration of a Development Agreement requires an environmental determination, published public hearings before the Planning Commission and your Board; and a .fiiial. agr.-ee: ment prepared by County Counsel to be adopted by your Board. It would be appropriate to amend your Resolution 81-229 to include a fee of $509.00.1or an application for a Development Agreement. This is the same fee as a Specific Plan. In the event that a Development Agreement.is being.considered in concertwith another development permit, i.e. rezone, use permit, subdivision, the en- vironmental fees are modified in accordance with the Environmental Review Guidelines (as amended from time to time),. Reco*mmeride'd action: Adopt Resolution Inter -Depart fit_�� a Memorandum t• G' :. •r ' �QqJ Nom„ To: Board of Supervisors FROM: Planning SUBJECT: Status of Conditional Zoning Projects - File 84-13 DATE: .July 8, 1986 The following projects have been approved with conditional zoning. This memo -will report on'the applicants' compliance with the conditions of the rezones. 1. Robert Berndt - Resolution 84-139-- Conditions: a. That First Party shall construct and maintain sediment ponds in . conformity with.Exhibit III A and B: b. That said sediment ponds shall be constructed and installed at such time as the Paradise Irrigation District determines the necessity therefore. No activity. Robert Berndt has applied for a Tentative Parcel Map. It was approved on March 4, 1985. The Final Map has not been recorded. 2.. Douglas Starr - Resolution 84-165 - Conditions: a. Pay fees as agreed to C.U.S.D. i b. Install a mutual water system under permit by Dept. of Corporations and Department of Environmental Health. c. Trim brush along the curve of the westerly intersection of Forest Ranch Road and Highway 32, the entrance to the school site; and Schott Road.and Highway 32. d. Apply dust pallative such as Calcium Chloride on non -paved roads to minimize dust. e. No site disruption or construction during rainy season. f. Mulch.or reseed exposed soils at onset of rainy season. g. Gravel or pave all roads. h. No vegetation or tree removal except for those directly in the way of driveways or houses. i. Homesite fencing limited to 4 or 5 strand barb wire no lower than 16".nor higher than 48" above ground. j. Install a swimming pool or.water storage of 7500 gal, minimum with drafting connection or water pump. Board of Supervisors Conditional Zoning Page -2- . ' July 8, 1986 k. No shake roofs or exterior shake siding will be allowed. Douglas Starr has applied for a tentative subdivision map. It was approved on November 4, 1985. .The final map has not been recorded. All above conditions have been incorporated as conditions,of approval for the final map. 3. Ed Hunsaid —Resolution 84-193 - Conditions: a. Terracing to direct storm water runoff into drainage ditches. b. All drainage ditches to be lined with asphalt or p.c.c. grout to reduce -storm water runoff speeds. c. Lands not occupied by dwellings, roads,- and other improvements shall be landscaped as recommended by Kingsley Sterns, Biologist. d. On-site storm water runoff, drainage to be conveyed via off-site ditches lined with asphalt or p.c.c. grout or pipe to the nearest approved drainage swale. etc. No development at this time. 4. Richard Coletti - Resolution 85-37 - Conditions: a. Grantto the City of Chico a'1 foot no access strip along the =Cohasset Road frontage. ` b. Applicant to get an avigation easement with the City�of Chico. Applicant has met both conditions. 5. Eugene B. Even - Resolution 85-169 - Conditions: a.' Soil surfaces exposed by construction and grading activities (particularly slopes) to be stabilized by: 1. Re -vegetation as soon as possible, prior to the rainy season. 2. Development of per berms. '3. Preservation of existing vegetation outside of development areas. b. Stabilization of all road cuts. c. Road side drainage and culverts should be constructed as part of all construction. d'. Storm water runoff channels to be stabilized with rock lining and energy - dissipating structures where necessary. Board of Supervisors Conditional Zoning Page -3- July 8, 1986 e. Storm water energy dissipators shall be placed at outfalls of roadside ditches. f. Limit earthwork and grading activities to the dry season only (April through October). g. Terminate grading activity prior to the rainy season. Disturbed soil surfaces will be.protected during the winter rainy season with tarps or native grasses. h. Minimize cut and fill excavation and large-scale site clearing pursuant to Appendix 70 of the Uniform Building Code. i. Roadway locations should conform to terrain, following contours wherever feasible and avoiding steep embankment cuts. j. Existing on-site roads should be upgraded for access whenever possible, .rather than cutting new roads. k. ''All requirements of the Butte County Fire Department/California Division of Forestry must be met. This includes, but is not limited to the following: I. Clearing of brush 30 feet form ail structures. 2. Clearing of brush 10 feet adjacent to all roads: 3. All roofs, exposed underflooring and building projects shall be of fire -resistive construction. 4. Adequate water pressure or water storage facilities must.be provided on each parcel as.a condition of development. 5. The provision of drafting connections for all wells and water storage facilities for BCFD/CDF access. 1. New wells shall not be drilled near slopes of 407.. m. Future division of AP 51-10-106 shall designate the easterly 57 acres as a no -building area.for residential structures and accessible from Merchant's Bar Road. n. Homesites west of Coutolenc to be within 300 feet of Coutolenc Road. This.condition to be voided when the Paradise Rod and Gun Club moves to a new location. o. Applicant must also comply with all other applicable.State and local . statutes, ordinances, and regulations." Eugene Even has applied for a Tentative Parcel Map. It was approved on February 24, 1986. The final map has not.been recorded. All above conditions have been incorporated as conditions of approval for the ficial map. 9 Board -of Supervisors . Conditional Zoning Page -4-. July -8, 1986 6. Louisiana Pacific Corporation - Resolution 86'-53 - Conditions: , t 1 a. Subject property is to be developed as a quasi -public park.. The use permit for such park is to address at least: 1. Adequate parking for the recreational facility. 2. Necessary road improvements to Retson Road, providing access to the property. 3. A historical survey should be performed prior to the application for the Use Permit, and the application should provide for preservation.of any historical resources. 4. Glare from.outdoor lighting should be addressed. The Use Permit for this project will be heard by the Planning Commission on, July 9,.1986. All conditions have been addressed.. A historical survey has been performed. . r CBS:lr f Butte ro. PhMk9 can % MAY 19 ora dls, Wftr* Administrative Office May 14, 1986 To: Betty Kircher, Director of Planning From: Mike Pyeatt, Deputy Administrative Officer Subject: Conditional Zoning Ordinance On March 20, 1984 the Board of Supervisors adopted Ordinance 2394 to implement conditional zoning as recommended by the Planning Commission and. amended it to include written contracts. As part of an amendment to the motion the Board of Supervisors asked that a tickler be established on the ordinance so that it can be reviewed by the Board in 18 months. On June 18, 1985 the item was once again discussed as Item 4.03 on the agenda. As part of that discussion, the Board of Supervisors asked that an annual review take place so that the'item .will again be scheduled for June 1986. Would you please review this situation and plan on having the item submitted for consideration at either the June 3 or June 17, 1986 Board meeting. MP/SM/vs cc: Agenda Pending File 0 aj e Officer N ♦�•r�N ... I" fi4 Inter-Depnrtn��ntal em®rnndum TO: Board of Supervisors FROM: Planning SUBJECT: ' Conditional Zoning 12 Month Review DATE: May 9, 1986 On June 18, 1985 your Board reviewed the provisions of Ordinance 2394, which amended: the Zoning Code to allow Conditional Zoning, and required that there be a subsequent review in 12 months. Since June 1985, there have been two condition zonings approved by your Board. 1. Eugene B. Even - Resolution 85-169 - Conditions: a. Soil surfaces exposed by construction and grading activities (particularly slopes)'to be stabilized by: 1. Re -vegetation as soon as possible, prior to the rainy season. 2. Development of perimeter berms. 3. Preservation of existing vegetation outside of development areas. b. Stabilization of all road cuts. c. Roadside drainage and culverts should be constructed as part of all road construction. d. Storm water runoff channels to be stabilized with rock lining and energy -dissipating structures where necessary. e. Storm water energy dissipators shall be placed at outfalls of roadside ditches. f'. Limit earthwork and grading activities to the dry season only (April through October). g. Terminate- grading activity prior to the rainy season. Disturbed soil surfaces will be protected during the winter rainy season with tarps or native grasses. h. Minimize cut and fill excavation and large-scale site clearing pursuant to Appendix 70 of the Uniform -Building Code. i. Roadway locations should conform to terrain, following contours wherever feasible and avoiding steep embankment cuts. j. Existing -on-site roads should be upgraded for access whenever possible, rather than cutting new roads. k. All requirements of the Butte County Fire Department/California Division of Forestry must be met. This includes, but is not limited to, the following: Board of Supervisors Page -2-. May 9, 1986 1. Clearing of brush 30 feet from all structures. 2. Clearing of brush 10 feet adjacent to all roads. 3. All roofs, exposed underflooring and building projects shall be of fire -resistive construction. 4. Adequate water,pressure or water storage facilities must be provided on each parcel as a condition of development. 5.- The provision of drafting connections for .all wells and water storage facilities for BCFD/CDF access. 1. New wells shall not be drilled near slopes of 40%. M. Future division of AP,51-10-106 shall designate the easterly 57 acres as a no -building area for residential structures with the exception of . those areas with a slope of less than 30 degrees and accessible from Merchant's Bar Road. n. Homesites west of Coutolenc to be within 300 feet of Coutolenc Road. This condition to be voided when the Paradise Rodand Gun Club moves to _ C a new location. o. Applicant must also comply with all other applicable State and local. - statutes, ordinances, and regultions. 1 2. Louisiana Pacific - Resolution 86-53 - conditions: . a. Subject property is to be developed as a quasi -public park. 'The•use __permit for such park__is toaddress at -least:, 1.- Adequate parking.for the recreational facility. 2. Necessary road improvements to Retson Road, providing access to.the property. 3.' A historical survey should be performed prior to the application for the.Use Permit, and the application should provide for preservation of any historical resources. 4. Glare from outdoor lighting should be addressed. Conditional.zoning has been used.to provide more stringent standards than would otherwise be provided by zoning, i.e., setbacks, height limitations, site design criteria. Staff supports the continued use of Conditional Zoning. BAK:lr Attachment: Memo June 10, 1985 Board of Supervisors minutes June 18, 1985 .f; puTr - Inter -Depart me -a P u an�tal `Memorandum � O° R s 'UN - y- C..`_ . To: Board of Supervisors FROM: Planning SUBJECT:. Conditional Zoning 18.month review DATE: June 10, 1985 Ordinance X12394, which amended the Zoning Code to allow Conditional Zoning, was implemented by the Board on March'20, 198AA The Board's action also provided for review, in 18 months, of the conditional zoning use. Since March 20,-1_9086,drthere have been four conditional zoning approved. 1. Robert Berndt - Resolution 84-139 - Conditions: a. That First Party shall construct'. and maintain sediment ponds -in conformity with Exhibit III A and B. b. That said sediment ponds shall be constructed and installed at such time as the Paradise Irrigation District determines the necessity therefore. 2. Douglas Starr - Resolution 84-165 - Conditions: a. Pay fees.as agreed to C.U.S.D b. Install a mutual water system under,permit by Dept. of Corporations and Department of Environmental Health. c. Trim brush along the curve of the westerly intersection of Forst Ranch Road and Highway 32, the entrance to the school site; and Schott Road and Highway 32. d. Apply dust pallative such as Calcium Chloride on non -paved roads to minimize dust. e. `No site disruption or construction during rainy season. f. Mulch or reseed,ekposed soils at onset of rainy season. g. Gravel or pave all roads. h. No vegetation or tree removal except for those directly in the way of driveways or houses. i. Homesite fencing limited to 4 or 5 strand barb wire no lower than 16" nor higher than 48" above ground. j. Install a.swimming pool or water storage of 7500 gal. minimum with drafting connection or water pump. .k. No shake roofs or exterior shake siding will be allowed. Board of Supervisors Page -2= June 10, 1985 3. Ed Hunsaid - Resolution 84-193 - Conditions: a. Terracing to direct storm water runoff into drainage ditches. b. All drainage ditches to be lined with asphalt or p.c.c. grout to reduce storm water runoff speeds... c. Lands not occupied by dwellings, roads, and other improvements shall be landscaped as recommended by Kingsley Sterns, Biologist. d. On-site storm water runoff, drainage to be conveyed via off-site ditches lined with asphalt or p.c.c. grout or pipe to the nearest approved drainage swale. etc. 4. Richard Coletti - Resolution 85-37 - Conditions: a. Grant to the City of Chico a 1 foot no access trip along. the Cohasset Road frontage. b. Applicant to get an avigtion easement with the City of Chico: Conditional zoning differs from Development Agreements in that the Development Agreement provides assurances to the developer that a ,project may proceed in accordance with the policies, rules, and regulations in existence at the time the development agreement is entered into. Condition Zoning deals more with standards i.e. greater setbacks, height limitations, site design criteria then otherwise provided in the zone, but does not limit the County from imposing those policies, rules and regulations in existence at the time of . development.' Staff would recommend that conditional zoning, which provides another tool for developers and planners to utilize, should be retained as a part of the zoning code. BK:lr cc: Del Sieinsen, County Counsel 4- , TO: FROM: SUBJECT DATE: Rubye Townsleyfeputy Clerk of the Board Ordinance 2429, Amending Ordinance 2394, To Include Correct Wording August 31,'1984 Attached is a copy of the above referenced.ordinance which was adopted by the Board of Supervisors on August 28, 1984. Encl. rl" % \ "ij Co. Planning Comm. Inter-DePart�enta ='Memorandum -r^ r_ 1984 ,\2J Planning Oroville, California Rubye Townsleyfeputy Clerk of the Board Ordinance 2429, Amending Ordinance 2394, To Include Correct Wording August 31,'1984 Attached is a copy of the above referenced.ordinance which was adopted by the Board of Supervisors on August 28, 1984. Encl. 24 25 26 The. Board.'of Supervisors of the Count. of `Butte State'.of ItCalifor.nia, under and pursuant'to Chapter. 24=29 of the -Butt. e County Code' :- of said County DO ORDAIN: as follows SECTION. 1. Section 2 of .Ordinance. 2394 is hereby amended as. follows-: Section- 2.. X24=2.9 of the Butte. County. Code 'is hereby amended to read as'follows:. ss24-29•. Action by the Board of Supervisors:. - Upon receipt of.any.such recommendation from the, Planning Commission w ich recommends. that.. the proposed amendment. be approved the Board of Supervisors shall s°etthe matter for --public hearing and shall give notice of . the. ,time, date`,. and .place : of said : hearing.. I at:least ten .(10) daysprior, to' -the h'earing.' in the. same manner as provided. for the. giving of notice. of the hearing; by the. Planning Commission.as specified by Sect.ion.-24-27.: In'any case'in.which the rec.ommenda'ti'on of the,Plann ng' Commission is.to deny the pro -posed amendment,: the Board of :Super- visors. shall. not.be required -to take any .further -action thereon. unless an.interested party shall request such.a hearing by filing a written.requ.est.:therefore.wi.th the clerk of the Board -not later than.. S:00 p..m. on the fifth day following the date, the Planning. Commission files its recommendation with the Board;, provided, how e.ver,. that if said fifth day falls -on a legal holiday, the request for hearing may be .fil-ed by .5.:00 p.m.. on the next -day -on which. -the office of the clerk is.open for busines.s.. Up.on'.recei,pt of such a request for hearing, the clerk shall immediately-forward'a copy of said .request to the Planning Commiss.ion_ The.Board of -Supervisors shall- take a;ction.upon the -l- .1 proposed amendment within nin.ety (90) days from the da' .te of receipt 2 �l of the .Planning Commis:sion ''s- initial, recommendation. If .no action t. on 3. istaken within said ninety .(90) days,. the .pr.oposed. amendment. shall 4 be deemed denied., 5 The Board o.f: Supervisors may approve, modify,or..dis- '6 approve: the recommendation of .the Planningommiss.ion; provided. that 7 any modification .-of the' -proposed. amendmentby the 'Board'` shall firs -t 8 be referred -to -the Planning Commissi:on.for:report.and recommenda 9 tion, -but -the Planning Commission.shall not. -be required.to hold a'- 10. public hearing'thereon. Failure: of the Planning Commission to 11 report within forty (40) days.after.the: modification is referred . 12. to it, shall.be deemed to be. approval of.the proposed .modification 13 by the Planning Commission.: The Board of _Supervisors may impose 14 conditions to the zoning recl.assification.of the property where it . 15 finis that said.c.onditions must be impos.ed' so as not to create, 16 problems inimical to the.public health, safety and general welfare 17 of the.County.of Butte.. If'..conditions are imposed to.a zoning. re l8. classi.fication,said conditions shall. run with the: land and shall .19. not automatically be removed by.a subsequent r.eclassific,ation.of­. 20 the prope.rty.. 21 Said conditions shall be asset -forth in an agreement 22 enteredinto by the applicant and the County. 23 Said .conditions may be removed only by the Board of 'Super 2.4 visors after recommendation.by the Planning. Commission.. 25 SECTION.2. This. his Ordinance shall be and it is hereby 26 declared.to be. in full force and effect from and after thirty (30) -2 - . burr Inter -Depart riia`eantaayyAMemorandum a,• uN�� TO: Board of Supervisors FROM: Planning SUBJECT: Ordinance 2394 DATE: August 20, 1984 Ordinance 2394 for Section 24-29 - Action by the Board of Supervisors, was adopted March 20,'1984. Due to the improper wording of Section 3 of this.ordinance, this section was not codified with the other sections. Planning is`requesting that the following section of the Ordinance be reinstated into the code:..< "Said conditions shall be as set forth in an agreement entered into by the .applicant and the County. Said conditions may be removed only by the Board of Supervisors after recommendation by the Planning Commission." (see attached ordinance) APPENDIX G NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT 1. NOTICE IS HEREBY GIVEN that the project described below has,been reviewed pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code 21100, et. seq,.) and a determination has been made that it will not have a significant effect upon the environment. Log # Planning File # 84-13 2. DESCRIPTION OF PROJECT: Conditional Zoning Code Amendment, Sections*24-28 and Sections 24-29. 3. LOCATION OF -PROJECT: Butte County 4. NAME AND ADDRESS OF'PROJECT APPLICANT: Butte County Board of Supervisors 2S County Center Drive Orovill.e, CA 95965 S. MITIGATION MEASURES: None 6. A copy of the initial study. -regarding the environmental effect of this project is on file at.7 County Center Drive, Oroville. This study was: Adopted as presented. Adopted with changes. Specific modifications and ❑ supporting reasons are 'attached'. 7. A public hearing on this Negative Declaration was held by the decision making body. Hearing Body Butte County Board of' -Supervisors - Date -of Determination' March 20, 1984 Determination: On the basis of the initial study of environmental impact, the information presented at hearings, comments received on the proposal and our own knowledge"and independent research:' We find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. We find that the project COULD have a significant effect on the environment but"will not in this case because of ❑ attached mitigation measures•described in item 5 above which are by this reference made conditions of project approval. A conditional -NEGATIVE DECLARATION is hereby adopted. Signature Al Saraceni, Chairman Butte County Board of Supervisors Title nate ORDINANCE NO. 2394. ' AN. ORDINANCE AMENDING CHAPTER 24 OF THE I �N:6. BUTTE COUNTY CODE The,-. Board'--., of Supervisors of the . Coun.ty. of Butte, State _ of' :. California, D0 ORDAIN;. as follows: SECTION. l:. Section 24-28 of'the Butte Count Code I, Y ; 4, thereby amended to.. read as follows .5 i g24=28., Action of the Planning Commission. 6. Fol.lowi.ng.the aforesaid hearing.,. the Planning.Commission 7 shal1:render its .decision in the form of a written recommendation g' to the Board .of Supervisors. Such recommendation shall include the 9 reasons for.. the .recommendation, . the relationship of. the proposed .. 10 amendment to the Butte County General. Plan and any specific plans. 11 If...the recommendation is to change property from one zone to another �2: the'Planning Commission may recommend that conditions be.imposed so.� i i3'. as.not to: create problems inimical to the public. health; safety, .and: 14 general welfare. of the residents of Butte County. The recommenda-• a 'tion shall be transmitted -to the Board of Supervisors within ninety 16 (90) days after the date the hearing was closed to the public. 17 SECTION, 2•.. Section 24-29 of the Butte County Code is 18 .hereby amended to. read, as follows: 19 §2.4-29.. Action by the Board of Supervisors. 20 'Upon receipt of any such.recommendation•from the Planning _21 o:mmis•sion which recommends that the proposed amendment be approved 22 the Board of Supervisors shall set the matter for public hearing. .:.:.23 and shall give notice of the time, date, and place of said hearing t least ten (10) days prior to .the hearing in thel same manner as 2g rov.ided for the giving of notice of the hearing'by the Planning 26 ommission as specified by Section 24-27. ]..; In any.cas-e An'. which the recommendation of the Planning. Commiss10A is to�deny the proposed amendment, the :Board of Super- j 3. visors .shall not be required to take any further action thereon 4 unless an interested party shall request such a hearing by filing 5 a written request therefore with the clerk.of the Board not later 6 than 5:00 p.m..on the fifth day following the date the Planning ! 7 . Co minission, .'files it's -recommendation with the Board; provided, how- ! ever:, . that :if said fifth day,falls on a legal holiday, the request g_ for .-hearing may. be filed .by 5:00 p.m. on the next day on which the I 10.. office ofAhe clerk is open for business. Upon receipt of such a 11 request for hearing,, the clerk shall immediately forward a copy of i ..:12 said request to the Planning Commission. 13 The. Board. of. Supervisors shall take action upon the pro- j .14 osed amendment. within ninety (90) days from the date of receipt of !. 15 the Planning Commission's initial recommendation.If no action is lg taken within said ninety (9.0) days, the proposed amendment shall be: 17 deemed denied. ig The Board of Supervisors may approve; modify, or dis- .19 approve the recommendation of the Planning Commission;.provided that 20 any modification.of the. proposed amendment by the Board shall first 21 e referred to the Planning Commission .for report 'and recommendation, but. the Planning Commission, shall not be required ,to hold a public 23'' hearing. thereon.: Failure.of the Planning Commission to report withi 24 forty (40) days after the modification is referred'to it; shall be . C 25 deemed.to be approval of: the proposed modification by -the Planning 26 Commission. 'The Board of Supervisors may impose conditions to the j -2 K /f �.• I i 1 ?�zoning.reclassi.fi.cation of -the property. where it, fin that said con 2 ditions. must beimp.os.ed so as not to createproblems inimical• to they 3 (public health; safety. and general welfare of the.County of Butte.. ..4 I.f conditions are imposed to a zoning reclassification,.sad con - 5 diti'ons shall run'with the land and shall not automatically be - 6 e 6 removed,by-a•subsequent reclassification of the property.. .7 I SECTION 3. Said conditions shall be as set forth in an 8 :agreement entered -into. -by the applicant and'the County. 9 .Said conditions may be removed only by the Board of •i 10 S.up.erv.isors after recommendation by the Planning Commission. I1 _� ...'SECTION. 4. This Ordinance shall be and it is hereby 12 declared -to be in full force and effect from and after thirty (30) .13 days after the date of its passage, and before the expiration of 14' fi'fteen (1S) days after.. its passage, this Ordinance shall be i �.15 pub1ished once with the names of the members of the Board of 16 Supervisors voting for .and against it in the Chico Enterprise Record 17 a .newspaper published, in..the County.'of Butte, State of California,.' 1,8 PASSED AND ADOPTED by the Board of Supervisors of the .19 County of .Butte,. State of California, on the. loth day of March ::2.0 19.84, by the. following vote: 21 AYES : Supervisors Dolan, Fulton, ' Moseley, Wheeler and Chairman Saraceni NOES': None .22 ABSENT: None I " NOT.' VOTING : None.- 2:5 one 23 24 AL �1�RACE N Rr lN— Butte County•Board of Superviso,s 25 ATTEST: MARTIN J, CHOLS, 26 hief. Admit istr .ti.ve Officer APPENDIX H iNOTICE :OF DETERMINATIONlb TO: Secretary for Resources 1. L.:E [] 1416. -Ninth Street, Room 1.311 Sacramento, CA. 95814 County Clerk, County of Buife2 6 1984 25 Count y Center Drive AR O r o v i 1 l e, CA. 9.5965 ELEANOR. M. BECKER- County*.C1&k B A: JAONTi�9. Deputy, FRM: Planning Department Y.:: 7 Coiunty Center Drive (,Filed),, . ..Oroville, CA 9596,5 SUBJECT: Filing of Notice. of Determination in. Compliance. with . Section 21108.or.2.1152' of the Public Resources 13 Code 84- ProtJect Title Condit.iorial Zoning, Code Amendment; Sections 24-.28 and 24-29`. State'Clearinghouse Number (If submitted to State Clearinghouse) Contact Person_Teln.e Number". B. A. Kircher,.Planning Direct.or:- 916). 5:34-460.1 Project Location Butte•Count Project Description:. `Conditional Zoning Code .Amendmbnt,"Sections 24=28 and 24=29 This. is to advise that the Butte County "Boa.rd'of S.up:e.rviso.rs (Lead Agency) has made the following determinations regarding the above-described." project: 1. The project will have a significant effect on t��-n. cin�rrrnmc�rt W1ll not 2.. An..Environment.al Impact Report.was preparedfor, this Q. project pursuant to the provisions.of CEQA,'and was certified as required by 'Section 15085.(g") ; 1.4 Ca,1 ifo.rn1a Administrative Code. A Negative Declaration Wa* s prepared for this project . pursuant.to the provisions of CEQA. A.copy. of the. Negative Declar.ation.may be examined at.the Planning Department,"7 County Center Drive, Oroville, CA 95965. 3. A"Notice of -Exemption was filed indicating this project is exempt .from environmental revieti,. .4. A statement of. Overriding Consideration " .was, was. no t,,. adopted.for this project. 5... Mitigation measures adopted by the Lead Agency to reduce. the impacts of the approved. project Lre: None ,i fidture .S`Ee�hcn A.. Streeter I`Iarch 22., 1984. Senor .Planner Date.T:it1e 1, 2 3 4 5 6 7 8 9 10 11 • 12. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. 84-13 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING TO THE BOARD OF SUPERVISORS THE ADOPTION OF CONDITIONAL'ZONING AS•AN AMENDMENT TO THE BUTTE COUNTY- CODE•, CHAPTER '24. WHEREAS, 'the Planning'Commission finds the modificati"on of Sections.24-28 and 24-29.of the Butte County Code would be appropriate to permit the Planning Commission•to for recommetnda. tions•,for. rezones subject to. conditions and that" the Board of - Supervisors-be.empowered to grant rezones subject to conditions; and WHEREAS, the Planning Commission has carefully studied the proposed amendment'at'a'.noticed public •hearing at which time all. interested persons were heard, as required by law.; and WHEREAS,,the Planning Commission has considered the draft initial study recommending a Negative Declaration regarding environ- mental impact, - NOW,'•THEREFORE,°BE IT RESOLVED as foll'ows': 1. That the amendment to provide 'for conditional'zoning, a true copy of which is attached'as_Exhib.it A, is hereby recommend ed -to the Board of Supervisors as".an amendment to the "Butte County Code as amended from time to time. PASSES AND ADOPTED, this Sth day of January 1984 by the Butte'County-Planning Commission,by the following vote: AYES: 'Commissioners Avis, Vercruse, Behunin; Lambert, and Chairman Schrader-- NOES: chrader-NOES: No .one ABSENT: No one ABSTAINED: No one •' ` i -) � R.r-r4 -, r. �•! _rr rr..• � , r r r 7, + + vT �- y . nr ' + .4 . +Cr . •JI - � ._ �°, _. -+°J � y j'F 1!'� • .. .- .,i��4 , _. / 'f fl r.. _ '� T,. � �. . ,rt'. -3 �c f.+: �'lt �1`*-,.J�� :i r: `f r•; .l,l. ij. .r,. :n. �j 'f r r.. •'•f r, ..r. rj ;. r _ .i ... _ . .�_� r _ �f... �' .._ - .�. a`f;.;i.r � y� -, r J.W.♦ + 4 r i . ter, ... ;7 .� ..`, f.r. ,..•r rf� q Call('. KOMj' 10 ) C.''. y, 0— no r 'line .cJ.T 'y' .. ..- .. •I �. .-fes .+ M1 Tin -' �,. . •�i j 1�Q7 _' i-• ,,r ..n —f•1• 07- r I' .. •f:`� ;!_ �.r GV?. •• �no .J is 11 Own /' 1' ..7• •r el' _'/ 5, ,, r,r ` a• , .. .. ... r r; ,• fir.7 Q . r .r VA • - - - f,vr r' f-'l '• 1..�~- G'r . • 'y ,1 .. r" ' J.!.i ! `r " .. .f o ., � i 'ORDINANCE h0. AN ON'INCE A'�'.E.i;PTR'G CHAPTER OF T;Ir. BUTTE COUNTY :ODE i. The Board of Supervisors of the Count* of Butte, State of. �. 2 californ•i.a, D0- ORDAIN', as fo hows.: 3 "...'SECTION'l . Section :24 =2E'. of th.e Butte County Code' is -A ; hereby ar:.ended to read as, follows 5 �f X24 -2g.. Action.of t e Planning Com6ission. i �: 6 I Follo;;in- the aforesaid hearing,. the. Planning C o MUM i ssion 7 .� shall: render its decision in the for�im of a w it -en' reconnendation i g to, the Board of Supervisors. Such recon�endation shallinclude the 9 . reasons for t1ie r ecommenJ.a:ticn, the relationship --of,. the proposed i 10 lanendnent.to the Butte County General Plan and --any _specific. plans _i. L . the recorarendation is to -change. Property f.ron one zone t:o . another.; the Planning CoMmission ray recommend ti:at conditions be imposed so, as riot to create. problems inimical to .the public heal'tz, safey=,. and gen.pral welfare of the residents of State County. The r_e- conme.ndation shall. b:etransmitted to .the Board of Supervisors wi t..1.i I' ninety (90) days sfter the date the hear.i;iQ was dosed to the ` -�.. public SECTION 2 :Section 24-29. of the Butte County* Code is hereby amended to read as. follows: X24-2-9, Action by the'Board. of Supervisors. Upon receipt of any such .reco mendation Exon the P1aniYing ComLr-Fission .which recommends tjlat. the proposed amend-meint be approved w. the Board of Supervisors -.shall set the natter for public hearin and shall .give notice of the tine, .date,.. and place of said ;hear.ing at least ten (10) days prior to the hearing in the sane nanyie r as T'de . ft the- y_iving of notice of the hearing by the- PIar.n; na .'Con, missioz as., specified by Section 24-27. j In any. case in which the. r. ecorr-erdation o.f the Planning �I Cormiss.ion is .to deny .the proposed ht, the Board of: Super.- visors shall not' be, required to take any further action thereon If unless an "interested party shall request such a:hear.ii:g by. filing Ia' written request therefor with the. cIcrk- of. the` board not later .than 5:00 'p.n,.on the fifth .day follotYing the date the.Planning Commission files its recommendation with` the. Board"; provided, hot,-. ever' that if said fifth day falls on a legal holiday, the request . for hearir_g' nay be filed by 5:00 p.r.. on the next, day on ihicI: -the office o.f the clerk is open for business. Upon receipt. o.f' such ,a request for hearing, the clerk .shall immediately. forward-, a. copy- of said re uest to the Planning. Conmission . �.The toard of Supervisors. shall take action upon. the propose( _ amendment S ithin ninety (90) days fro i.. the Bate of receipt of the Planning Com=mission's initial. recommendation. If no.. a.%- t i on is. t ier within said ninety (90) days,. the. proposed. anene-meat shall be d.ee"16 -: denied. The Board. of Supervisors may approve, modify, or dis approve the recormienda.ti.on of. the Planning Commission; providled that any modification of the proposed a—mendnent by the Board shall first be referred to the Planning Co;-mission..for report and re' concendation, but the Planning Commission shall not be required to hold a .public hearing thereon. Failure of the Planning Commission to report within forty (40) days after the nodification.is referred to it, shall be deemed to be* approv=al of the proposed moclif.icatior.. by the Planning Commis ion.. Thea Doa:d o ` Supervisors .r:�ay is�pase 't 2 !,conditions to tie zoniro reclassification of the property ti,rere it 3 !.finds that said conditions,. must be. imposed- so as .not. to create 4 �;proble,;,s inimicalto.. the public health, s.afe�ty, ari.d general welfare';: 5.Iof the County cf'Butte:. If conditions are imposed. to a zoning t. .6 I reclassification, said conditions shall, rune with the land. and shall.: 7. not. autor�ai.ically.be .renoved by a subsequent. reclassification of g the property. Said conditions ray be rer.oved only by the Board of g Su ervisors. after recommendation by the Planning -Conor scion.; 10 ( SECTION 3. This Ordinance shall be and it, as. hereby 11 declared to be .in full. force and. effect from andafter shirt}r (30) 12 days after the date of its. passage; an( before- the" expiration of i 13' fifteen (15) days. after its passage, this 0rdi_.nance shall be 14 .published once i.rith the 'names of the r:,erbers oz 'the Board of . .15 ! Supe.rvi.sors voting. for. and against it in the 10 �nebrsp, er published .in .the County of But'te,..'State of California,: 17 PASSED AND ADOPTED by'the. Board -of Supervzscrs of the 1g County, of Butte, State. of California:, on the day of 19 1982, by. the following vote 20 ,i AYES..:. . • :- I NOES: 22 , ABSENT: 23 NOT VOTI NG 24 _ rTma Tf r reT, ,, .a is ro an 25 ! • Butte County E.oard of _Supervisors: . ATTEST: ELEANTOR T[. BECKER, County C1eri:-•recorder 20 and . Ex -officio Clerk of the Board i By _ __ eurTF Inter -Departmental Memorandum TO: Planning Commission . FROM: Planning Department SUBJECT: Conditional Zoning, 84-13 DATE: November. 23, 1983 This amendment to the 'zoning ordinance was initiated by the Board of Supervisors. It appeared the December 1 agenda would.have adequate time available for discussion and public hearing of the matter so we placed it on that agenda. The initial study discussion and the attached minutes, parti- cularly those of the August, 11, 1983 Planning Commission meeting, provide background on this amendment. Also attached is the text of the proposed amendment with the new sections underlined for emphasis. The conditions would be treated as in Sec.4-43 of the. Zoning Ordinance relating to use permits. For this purpose, conditions imposed upon issuance of a rezone must be reasonably related to the use of the property for which the rezone is requested. In addition, there may be times where you would wis to paraphrase Sec. 24-44. The Planning Commission may -condition a rezone to prohibit a building, structure or land use to be occupied unt1T an—inspection has been made and it is found that the buildings,sstructure or land use complies with all conditions which the Planning Commission has specifically required to be, _completed prior to occupancy. Enclosures: Initial Study Draft Ordinance Minutes 7:15 p.m. Butte County Board of Supervisors - Amendment to -the Butte_ County Code Chapter , 24 to provide .for conditional zoning. Specifically; Code sections 24-28 and .24-29 are to .be.' amended`-: to -read as follows: r " f : X24-28 Action: -of- the` Planning• Commission' Following the aforesaid hearing, the Planning. Comm ission .:= shall render its decision in the form -of a written recommends - tion.to the Board.of Supervisors. Such recommendation shall_--- include the reasons -for the recommendation, the rela.tionship-:. of tili.e.. proposed amendment to the Butte County General Plan:.and. t= any -,.specific plans. If.:the recommendation is to, change property from: one zone.,,to another --'the Planning Commission may recommend that conditions be imposed so as not to create problems in.:riical to the public health,.safety, and general welfare of the resi- ted dents o -f Butte. County. The recommendation s alle �fj-ansrtif__ to the Board of Supervisors within ninety (90) days after. the date the hearing.was closed to ,the public. SECTION 2..--Sectian. 24.-29 of. -the Butte County Code is hereb.y amended to read. as . follows 24-29. Action by -the Board of Supervisors pon .receipt of ".any `such recommendation from the Planning..:.- Commission'�ihlch,recommends:that the proposed amendment be approved,-1the;Board of Supervisors shall set -the matter for public hearing and -shall give notice of'the tim'>-da.te,:ana`place of said. hearing at least ten (10) days prior to the hearing ;.n J the ,same manner as provided for the giving of not._�.ce of tho-I. hearing. by the Planning. Commission as, -'specified by Section::2.4-27. In `any case in which the recommendation of the Planning- . Commission is to-�deny the'proposed.amendment, the Board of'.. Supervisors shall ' not• be required to take any f_u'rther. -action thereon unless an interested.party shall request such -a hearing - by filing a written -reque,,st therefore with the clerk, of', the board not later than 5:00 p.m. - on the fifth -day following ---the date the Planning Commission files ' its.:recommendation with the 'Boa -rd; provided, however;that if. said -fifth. day' falls .on a'legal holiday, the request For hearing :may be filed by S:OQ p.m ..0n the next' day on tivhich the office of the clerk is open for"' business Upon receipt. of such -a request for hearing,'.the : clerk shall immediately . forwai:d .a copy. of said :request -:to the Planning Commission.-' The Board.of Supervisors shall take action upon the proposed~ amendment within ninety (90) days from -the date of receipt of. the Planning Commission's initial recommendation.' If no action is taken within said' ninety 90 days,. the proposed. amendment shall be 'deemed 'denied. The Board of Supervisors may approve,.modify,' or disapprove th:e: '.recomm.endation of' the Planning Commission.-; provided. that any modification of the proposed amendment by the Bo.ard..shall. -first be referred to the' Planning Comniissio.n for report and recommendation, but. the Planning. Commission• shall not be required to hold a public hearing thereon:.. Failure. of the Planning Commission to. report within forty (40) days after the .ifiodifi cation is referred, to it, shall* be deemed to .be. approval of the proposed modif-ication:.by. the Planning Commission... The Board of ..Supervisors may impose conditions to thezoning-reclassiiication of . the property where it finds that said conditions must be im- posedso as not.to create pro lens inimical t.o the pubjic.ea:ti,. sa ety; an general welfare of the Coiirty o Butte. Tf .wcoztzoiis are imposed.to a zoning' reclassification,' said conditions shall run an with 'the ld and s all 'not automatically be•removed subsequent reclassification of the 'property. Said conditions may be--removed-oanly by the -Board of Supervisors- after _recommenda- Tion by the Planning Commission. � f 1 ORDINANCE NO. AN 0RDINANCE A -MENDING CHAPTER 24 OF Ir. BUTTE COUNTY CODE 1 The Foard. of Supervisors of the County of Butte, State of 2 : California,. L.O. ORDAI.N, as follows: 3 SECTION 1. Section 24-28 of the Butte County Code is 4'her eby amended to read as follows: 5 X24,=28. Aetion of the Planning Commission, 6 Follo.�ring the aforesaid hearing,. the Planning Commission 7 ishall render its decision in the form of a written recommendation M W7 10 to.the Board of Supe'rvisors. Such recommendation shall include the; reasons for the recommendation, the relationship of the proposed amendment to the Butte County'General. Plan and any specific plans. i ll�,lj'If the .recoriumendation is to change rro.per.ty from one zone to another, 12 the Plarning Commission .r,..a.y recommend that .conditions be imposed 13. so as :not to create problems inimical to the public health,„safet* 14 and general welfare of the, residents of Butte`County,The re - 15'. commendation shall be transmitted to the Board of Supervisors withi: .16 ninety (90) days after the date the hearing was.closed to the 17 public, 18 SECTION 2. 'Section 24-29 of 'the Butte County'Code is 19 hereby -amended to read as follows: .20 §24-29. Action by the Board .of Supervisors. 21 Upon receipt of.any such recommendation from the Planning 22 Commission which- recommends that the proposed amendment be.approved 2S the Board of Supervisors shall set the matter for public hearing 24 and shall give notice of the time, date, and.place of said hearing 25 at least.ten' '(10) days prior to the hearing in the same manner as 26 provided for the giving of.notice of .the hearing by the Planning: V Commission as specified by Section- 24-27. 2 i In any case in which the reconmendation'of the Planning I, 3 ,Commission is to deny the proposed amendment, -the -Board of.Super.- 7. 4visors:shall not be required to. take any further action thereon. ; 5 ��unless an interested party shall.request such a hearing by filing t 6 is written request therefor with the: clerk of the board not later 7. than 5:00 p.m. on the fifth day following the date the Planning g Commission files.its recommendation with the Board; provided, how - 9 ever, that if. said fifth day falls on a legal holiday, the.request- 10 for. hearing may be filed by S:00 p.rr... on the next day on whicI: the 11 office of the clerk is open for business.- Upon receipt of such a i 12 request for hearing, the clerk shall immediately.foruard-a copy of 13 said request to the Planning Commission. 14 15 16 17 18 19 20. 21 22 23 24 25. 26 The Board of Supervisors shall take action upon the proposed amendment within ninety, (90). days from the date of receipt of the i I Planning Commission's initial recommendation. If no action is takeli within said ninety (90) days, the proposed amendment.shall be deemed denied. The Board of Supervisors may approve., modify, or dis- approve the recommendation of the Planning Commission; provided that.any modification of the proposed amendment by the Board shall first b.e referred to the Planning Commission for report and re- commendation, but the Planning Commission shall not be required to hold a public hearing thereon.' Failure of the Planning Commission to report within forty (40) days after the modification is referred' to it,'shall be.deemed to -be approval of the proposed modification IWAI f _ by the Planning Commission., The 'Board ofSuperti isors may impose r 2.' condi-tions to the zoning reclassification of theaproperty ..where it. �f 3 1jinds.that said conditions must be imposed so as not to create. g :;problems inimical to the public health, safety, and general welfare 5.11of the County of.Butte. If.conditions are imposed to a zoning I. i g reclassification, said conditions shall run with the -land and .shall: 7 not automatically.be removed by a subsequent reclassification of ,. g the.property.: Said conditions. may be removed only by the,Board of g Su ervisors after recommendation by the Planning Conmission / i 10 SECTION 3. This Ordinance shall be and it is hereby 11• declared to be in full force and effect from and. after thirty (30) 12 days after .the date of its passage, and before the expiration of 13 fifteen (1 S) days. after its passage, this Ordinance shall be 14 published •once with the names' of the r. --tubers of, the Board of . r 15 Supervisors voting for and against it in.the a i6 newspaper published in the County of Butte, State of California. 17 PASSED AND ADOPTED by the Board of.Supervisors of the lg County of Butte, State of California, on the day of 19 11982, by the following vote: 20 AYES:- 21 YES:21 NOESII 22 ABSENT 23 NOT VOTING: 24 25 '261 fT DA v E� R, airman ButteCounty Board of Supervisors. ATTEST: ELEANOR M. BECKER.,- County Clerk -Recorder and Ex -officio Clerk of the Board - By -3- BUTTE'COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is her.eby given by the Butte County Planning Commission that public hearings will be held on Thursday, January 5, 1984.in the Butte County Board.of Supervisors' Room, Administration Center, 25 County Center Drive, Oroville, California, regarding the following items at the following times: ITEMS ON WHICH A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT HAVE BEEN RECOMMENDED 7:15 p.m. Butte County Board of Supervisors - Amendment to.the Butte County Code Chapter 24 to provide for conditional zoning. Specifically, Code sections 24-28 and 24-29 are to be amended:. to read as follows: ss24-28. Action of the Planning Commission Following the aforesaid hearing, the Planning.Commission' shall render its decision in the form of a written recommenda- tion to the Board of Supervisors. Such recommendation shall include the reasons for the recommendation, the relationship - of the proposed amendment to the Butte County General Plan and any specific plans. If the recommendation is to' change propert from one zone to another, the Planning Commission may recommen that conditions 'be imposed so a's not. 'to create problems inimica to the public health, safety, and g'enera'l welfare 'of the resi- en�ts of Butte County. The recommendation shall e transmitted tom^Boar of Supervisors within ninety (90) days after.the date the hearing was closed.to'the public. SECTION 2. Section 24-29 of the Butte County Code is hereby amended to read as follows: 24-29. Action by_the Board of Supervisors pon receipt of any such recommendation from the Planning Commission which recommends that the proposed amendment be approved, the Board.of Supervisors shall set the matter for public hearing and shall give notice of the time, date, and place of said hearing at least ten (10) days prior -to the hearing in the same manner as provided for the giving of notice of the hearing by the.Planning Commission as specified by Section 24-27. In any case in which the recommendation of the Planning Commission is to deny the proposed amendment, the Board of_' Supervisors shall not be required to -take any further action thereon unless an interested party shall. request such a hearing. by filing a written _request there.forewi.th the clerk of the board not later than.5:00 p.m. on the fifth day following the date the Planning Commission files its recommendation with the Board; provided, however, that if said fifth day falls on a legal holiday, the request for hearing may be filed by 5:00 .p.m. on. the next day on which the office of the clerk is open for business. Upon receipt of such a request for hearing, the clerk shall immediately forward a copy of said. request to the Planning Commission. ' The Board of Supervisors shall take action upon the proposed amendment within ninety (90) days from the date of receipt of the Planning Commission's initial recommendation. If no action :is taken 'within said ninety (90) days, the proposed amendment shall be deemed denied. . The Board of Supervisors may approve, modify, or disapprove the recommendation of the Planning Commission; provided that any modification of the proposed amendment by the Board shall first be referred to the Planning Commission for report and. recommendation, but the Planning Commission shall not be required to hold a public.hearing thereon. Failure.ol the Planning Commission to report within forty (40) days after the modifi- cation is.referred to i`t, shall be deemed to be approval of the proposed modification by the Planning Commission. The Board of Supervisors may impose conditions to the zoning reclassification. of the property where it finds that said conditions must be im- posed. so as not to create problems inimical to the public health, safety;n�% general welfare of the County of Butte. If conditions are imposed to a zoning reclassification, said conditions shall run with 'the land and shall not automatically be. remot- Ted y a subsequent reclassification of 'the property. Said conditions may be. r'em'oved' only .*by the Board of Supervisors 'after recommenda- tion by the Planning Commission. 10:15 p.m. Butte CountyjBoard of Supervisors - Code Amendment consisting of the revision of the residential zoning.provisions of Butte County Code Chapter 24. The R-1 (Single Family Residential), R-2 (Duplex Residential), R-3 (Medium Density Residential), and R-4 (Maximum Density Residential Restricted Service) zones are. to be revised. The R-3 zone is. to be renamed."Multi Family Residential". Permitted uses, accessory uses, conditional uses, and development standards are set forth for each zone. Specifically: Repeal of existing Butte County Code Sections _ 24-132 R-1 (Single Family Residential.); 24-138 R-2 (Duplex Residential); 24-141 R-3 (Medium Density Residential); and 24=144 R-4 (Maximum Density Residential. Restricted Service) and adopting Butte County Code Section 130 through 130.6 as follows: Section 24-130 Residential or "R" Zone. Section 24-130.1 PURPOSE AND.INTENT It is the purpose and intent of the Residential or "R" zone to provide suitable areas and environments for families, individuals,,_ owners and renters in smaller, relatively compact, multiple family, common wall dwellings. The "R" zone is intended to provide for a mixture of housing types including detached single.. family, duplex, triplex, townhouses, condominiums, apartments. and mobilehome parks developed to higher densities. The "R" Zone is iatend.ed.to stabilize neighborhoods of these dwelling types by protecting them from encroachment by incompatible and potentially destructive uses. The "R" Zone will be applied within the urban communities of Butte County designated for Low, Medium, and High Density Residential development where urban services are more fully developed. Section 24-130.2 PERMITTED USES The following are the permitted uses in an "R" Zone: (a). One' single family dwelling per parcel,(R-1, R-2, 'R-3, R-4 (b) General agricultural and large scale gardening including farming, horticulture, • floriculture, viticulture, aquicu,"lture and apiaries, (R-1), (c.) One duplex or zero lot line single family dwelling (halfplex per parcel.). '(R-2, R-3, R-4), (d) Multiple family dwellings, apartments and condominiums. (R=3, R-4); (e) Dwelling groups or separate dwellings on a'single parcel. (R-3, R-4), (f) Licensed family, foster.or.•group homes in conjunction with six (6) or fewer.indiv_iduais on a 24 hour basis. (R-]., R-21% R-3, R-4) . Section 24-130.3 ACCESSORY USES. The following are the accessory uses permitted in an "R" zone: (a) Home occupations subject to the provisions of Sections 24-21.47 and 24.-200, (b) Guest homes, not rented, subject to the.provisions of Section 24-21.22. (c) Rooming and boarding subject to the provisions of Section 24-21.19. (d) Vehicle, camper, trailer and boat storage subject to the provisions .of Section 24-35. (e) Pets and small animals '(but not including livestock, poultry or poisonous reptiles). (f.) Private garages and parking areas. (g) Fences and hedges.up to 42 inches high within front yard setback areas and up to 6 feet high along side and rear property lines. (h) Other accessory uses and structures customarily appurtenant and clearly incidental to a permitted use. Section 24-130.4 CONDITIONAL.USES The.following are conditional uses in an "R" zone: (a) Mobilehome parks meeting the standards of Sections 24-21.28a. (R-3, R-4), (b) Public and quasi -public buildings, structures and uses of -an administrative, educational, reli.gious,.cultural, communications or public service nature.. (R-1 thru R -4),-(c) Rest homes, convalescent homes and sanitariums. (R-1 thru R-41, (d.) Licensed family, foster or group homes in conjunction with seven (7) or more children and nursery schools regardless of the number of children. (R-1 thru`R-4), (e) Private kindergarten, elementary, secondary or post secondary schools. .(R-1 thru R-4), (f) Social halls, lodges, fraternal organizations and clubs operated by recognized nonprofit organizations. (R-1 thru R-4), (g) Hospitals -(R-3, R-4), (h) Medical and dental clinics'a.nd offices (R-1 thru R-4, :(i) Sales tract offices. (R-1 thru R-4). Section.24-130.5 DEVELOPMENT STANDARDS The following minimum requirements shall be observed, except where specifically modified for conditional uses. The minimum requirements shall be those for.the zone as designated on the Zoning Map: R-1 R-2 R-3 .R-4 (a) Height (feet) -- Principal 30 30 35 35 Accessory 20 20 25 25 (b) Parcel size (square feet) 6500 6500 6500 6500 (c)' Site area per unit (square ft.) ---- ---- 3350 2150 (d) Parcel width (feet) Interior so 40 so 50.. Corner. 50 50 55 55 (e) Public street frontage (feet) Perpendicular 45 50 45 .45. Curve or cul. -de -sac 40 4.0 40 40 R-1 R-2 R-3 R-'4 (f) Frontyard setback (.feet from centerline)1 County Road 50 50 50 50 . Federal. Aid Secondary 55 55 55 55 (g) . Side' yard setback (feet) 5 5 (2) 5 S (h) Rear yard setback (feet) 5 5 5 5 (i) Distance bet��een buildings on the same parcel (feet) '10 10 10 10 Section 24-1.30.6 OTHER STANDARDS AND REQUIREMENTS The following additional standards and requirements shall apply in all "R'' Zones, except where specifically modified for. conditional uses: (a) Off street parking and loading shall be provided in con-. formity with the provisions of Section 24-35. 1. The -front yard setback shall be measured from the centerline of the street for a.distance of 50 feet except for streets classified as Federal Aid Secondary in which case the distance shall be 55 feet. 2. The side yard setback.shall be measured from each side of a duplex and from the exterior side of a zero lot line or. halfplex. The,above mentioned applications, maps, and negative reports are on file and available for public viewing at the office of the Butte County Planning Department, 7. -County Center Drive; Oroville,.Califoinia. BUTTE COUNTY PLANNING COMMISSION B. A..KIRCI-IER, DIRECTOR OF PLANNING TO BE PUBLISHED IN THE OROVILLE MERCURY, CHICO ENTERPRISE RECORD.$ AND THE_. BIGGS NEWS ON THURSDAY, DECEMBER 22, 1983. TO BE.PUBLISHED IN THE PARADISE POST AND GRIDLEY HERALD ON FRIDAY, DECEMBER 23, 1983. DISPLAY AD, 1/4 PAGE, DARK BORDER APPENDIX F _• COUNTY OF BUTTE ENVIRONMENTAL CHECKLIST FORM (to be complete by Lead Agency)File # 84-13 Log # T. BACKGROUND AP # 1. Name of. proponent Butte County Board of Supervisors 2. Address of proponent and representative (if. applicable) . 2S County Center Drive Orovi•lle, CA 95965 3.. Project description Conditional Zoning Code Amendment _ II. MANDATORY'FINDINGS OF SIGNIFICANCE YES -MAYBE NO . a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below.self- sustaining.levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate,important examples of the major periods �- of California history or prehistory? h. Does the project have the potential to achieve short-term benefits to the 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 those 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. DETERMINATIQN (To.be completed by the Lead Agency) On .the basis o.f 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 signifi- _ cant 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. 1/WE find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 1) ATF November 9, 1983 COUI�•TY BUTTE, NN G DEPARTMENT By: S e hen A. Streeter Senior Planner , Reviewed by: ...---- ---- - ---- --- - - -- _ --- - is IV. ENVIRONMENTAL IMPACTS (.Explanations of all "yes" and "maybe" answers are required on attached sheet(s)) YES MAYBE NO 1. EARTH. .Will the -proposal result in -significant: a. Unstable earth conditions or in changes in geologic. -substructures? b. Disruptions, displacements, compaction or overcovering of the'soil? C 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,. 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? L' h. Exposure of people or property to geologic hazards such -as earthquakes, landslides,, mud- slides, ground failure or similar hazards? =: Z. AIR. Will the proposal result in substantial: _ T Air emissions or deterioration -of ambient air quality? C. ` F b. The creation of objectionable odors, -smoke or fumes?.' C.. Alteration of air movement, moisture, or w 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 either " marine or fresh waters? b. Changes 'in absorption rates, drainage'patterns, or the rate and,amount of surface runoff? C c. Need for off-site surface drainage improve- ments, including vegetation removal, channel- ization or culvert installation? G 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 oXygen or turbidity? C' g. Alteration of the direction.or rate of flow of ground waters? h. Change in the quantity of ground waters,. either through direct additions of with- drawals, or through interception of an ." aquifer by cuts or excavations? C i. Reduction in the amount of water otherwise available -for public water supplies? �.. J. Exposure of people or property to water related hazards such as flooding? C is YES PLANT LIFE. Will.the proposal result in substantial: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)?' b. 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? ANIMAL LIFE. Will the proposal result in substantial: a. Change 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)? 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? a. Deterioration to existing fish or wildlife habitat? NOISE. Will the proposal result in substantial: a: Increases in existing noise levels? b. Exposure of people to severe noise levels? LIGHT AND GLARE. Will the proposal produce significant light and glare? LAND USE.. Will the proposal result in a substantial alteraltion of the present or planned land use of an area? 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? 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? POPULATION. Will the proposal alter the location, distribution, density, or growth rate of the human population? HOUSING. Will the proposal affect existing housing, or create a demand for additional housing? MAYBE NO C C C, C G G C_ C - YES MAYBE NO 13. TRANSPORTATION/CIRCULATION. Will the proposal result in: a. Generation of substantial additional vehicle -4- 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? .or e.' Alterations to waterborne, rail, air traffic? , f. Increase in traffic -hazards to motor vehicles,. bicyclists or pedestrians? 14. PUBLIC SERVICES. Will the,proposal.have effect .an r. upon, or result in a needofonew' orra,l-fered- VIJAI "Pr, ob..:rn,'' governmental services: a. Fire protection? b. Police protection? c. Schools? d. Pa-rks or other recreational -facilities? C e: Maintenance.of public facilities, including roads? G f. Other governmental services? C, 15. ENERGY. Will the proposal result in: a. Use of substantial amounts of fue'l.or energy? b. Substantial increase in demand upon existing sources of energy,.or require the -development of --new sources of energy? !j .,(,U1,j-zjj :-�►,Tti j1G u+- 4.yf. XfiRfgGI72 C�4_ n�-. C.. � . �`.: t X16. UTILITIES. �Wll the Cp'ropsal'rresu't i'n 'a need rforc,J� b:rplc �;" ''J new systems, or substantial alterations to the following: a. Power or natural gas? C b. Communications systems? C. Water:'G d. Sewer or septic tank? e. Storm water drainage? f. Solid was-te and disposal? 17. HUMAN HEALTH. Will the -proposal result in: a. Creation of any health hazard or potential .health hazard (excluding mental health)? G b. Exposure of people to potential health hazards? G 18. AESTHETICS. Will the proposal result in the o struction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? C, -4- 19. RECREATION. Will upon the quality opportunities? YES MAYBE the proposal result in an impact or quantity of existing recreational 20. CULTURAL RESOURCES. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? V. DISCUSSION OF ENVIRONMENTAL EVALUATION 84-13 NO C- This proposal would amend the Butte County Comprehensive Zoning Ordinance to provide for conditional zoning. Sections 24-28 and Sections 24-29 would be revised to include the following statements: Section 24-28 "....If the recommendation is to change property from one zone to another,- the Planning Commission -may -recommend that - - — ---- conditons be imposed so as not to create problems inimical to the -- - - ------ i— -_---public health, safety, and general welfare of the residents of Butte County. - -------------- - - r Section 24-29 "....The Board of Supervisors may impose conditions to the zoning reclassification of the property where it finds that said conditions may be imposed so. as not to create problems inimical to the public health, safety, and general welfare of County of Butte. If conditions are imposed to a zoning reclassification, said condition shall run with.the land and shall not automatically be removed by a subsequent reclassification of.the property. Said conditions may be removed only by the Board of Supervisors after recommendation by the Planning Commission." The availability of conditional zoning will facilitate the review of rezones in a timely manner., ThoughtheCounty has --had the--option-of utilizing development.agreements since October 1981,-cond l__ tiona zoning would be a more appropriate tool to use for rezones where only a few conditions would alleviate environmental concerns. There have been rezone proposals in the past where staff'was unable to recommend a Negative Declaration regarding environmental impact. In such a case, an -environmental impact report (EIR) is the only other environ- mental determination available. Conditional zoning would allow for mitigation of identified impacts.and thus forego the preparation of EIRs in a number of cases. Conditional Zoning Code Amendment DISCUSSION OF ENVIRONMENTAL EVALUATION (continued) The items marked in the checklist with a "c" response are the items which may be deemed potentially significant for a particular rezone. Without the capability of applying conditions, the -rezone might otherwise be denied or an alternate zone with larger minimum parcel.sizes proposed. A Negative Declaration regarding environmental impact is recommended .for the ordinance .amendment -to provide for conditional zoning. Appropriate conditions/mitigation measures and alternative zones that would conform'to the General Plan would be considered for specific projects once submitted for County review. It should be noted that conditional zoning already applies, in effect, for the PA -C (Planned Area -Cluster.) zone which is in'the public.hearing process for'amendment to the PUD (Planned Unit Development) zone. .Thou.gh.the conditions for most rezones would not be as extensive as for a PA -C or PUD zone, the capability to place conditions on other zones would be comparable'to the procedure currently used for the PA -C' -zoning process. Appendix T - page 6 Inter -Departmental Memorandum TO: Board of Supervisors FROM: Planning Staff SUBJECT: Status of Conditional Zoning Projects, File 84-13 DATE: July 2, 1987 The following --projects- =have--- been-- approvedwith conditional - zoning,. This memo is the annual update on the. applicants' compliance with the conditions of the rezones. Projects that had met all conditions as of last years review are not included. 1. Robert Berndt - Resolution 84-139 - Conditions:- a.' That'First Party shall construct and maintain sediment ponds in conformity with Exhibit III A and B. b. That said sediment ponds shall be constructed and installed at such time as the -Paradise. Irrigation District determines the necessity therefore. No activity. Robert Berndt has applied for a Tentative Parcel Map. It was approved . on March 4, 1985. The final Map has not been recorded.. 2. Douglas Starr - Resolution 84-165 - Conditions: a. Pay fees as agreed to C.U.S.D. b. Install a mutual water system under permit by Department of Corporations and Department of Environmental Health. C. Trim brush along the curve of the westerly intersection of 'Forest Ranch Road and Highway 32, the entrance to the school site; and Schott Road and Highway 32. d. Apply dust palliative such as Calcium Chloride on non -paved roads to minimize dust. e. No.site.disruption or construction during rainy season. f. Mulch or reseed exposed soils at onset of rainy season. g. Gravel or pave all roads. h. No vegetation or tree. removal except' for those directly in the way of driveways or houses. A i. Homesite.fencing limited to 4 or 5 strand barb wire no lower than 16" nor higher than 48" above ground. j. Install a swimming pool or water storage of 7500 gal. minimum with drafting connection or water pump. k. No shake roofs or exterior shake siding will be allowed. Douglas Starr has applied for a tentative subdivision map. It was approved on.November 4, 1985. THe final,'map has not been recorded. ..All above conditions have been incorporated as conditions of approval,., for the final map. -One of the 5 acre parcels involved in this project sold recently. . The new owner is contemplating a four parcel split. Any new parcels created will have to meet.the requirements of the zone. 3. Ed Hunsaid.- Resolution 84 -193, -.Conditions: a. Terracing to.direct storm water runoff into drainage ditches. b. All drainage ditches to be lined with asphalt or p.c.c. grout to reduce storm water runoff speeds. C.- Lands not occupied by . dwellings', roads, and other improvements shall be landscaped- as recommended by Kingsley Sterns, Biologist. d. On-site storm water `runoff, drainage to be conveyed via off- site ditches lined with asphalt or p.c.c. grout or pipe to the nearest approved drainage swale. etc. No development at this time. 4. Eugene B. Even - Resolution 85-169 - Conditions: a. Soil surfaces exposed by construction and grading activities (particularly slopes) to be stabilized by: 1., Re -vegetation as soon as possible, prior to the rainy season.. 2. Development of perimeter berm. 3. Preservation of existing vegetation outside of development areas. b. Stabilization of all road cuts.. c. Road side drainage and culverts should be constructed as part of all construction. J d. Storm water runoff channels to be stabilized with rock lining and energy -dissipating structures where necessary. e. Storm water energy dissipators shall be placed -at outfalls of roadside ditches. f. Limit earthwork and grading activities to the dry season only (April through October). g. Terminate grading activity prior to the rainy season. Disturbed soil surfaces will be protected during the winter rainy season with tarps or native grasses. h.• Minimize cut and fill excavation and large-scale site clearing pursuant to Appendix .70. of the Uniform Building Code. i. Roadway -locations should conform.. to terrain, following contours: wherever feasible and avoiding. steep embankment cuts. j. Existing on-site roads should be upgraded for access whenever possible, rather than cutting new roads. k. All requirements , of , the Butte County Fire Department/California Division of Forestry must be met. This includes, but is not limited to the following: 1... Clearing of brush 30 feet from all structures. 2. Clearing of brush 10 feet adjacent to all roads. 3. All roofs, exposed underflooring and building projects shall be off fire -resistive construction. 4. Adequate water pressure of water storage facilities must be provided on each parcel as, a condition of development. 5. The provision of drafting connections for all wells and water storage facilities for BCFD/CDF access. 1. New wells shall not be drilled near slopes of 40%. m. )Future division..of AP 51-10-106 shall designate the easterly 57. acres as a no-building.area for residential structures and accessible from Merchant's Bar Road. n. Homesites west of Coutolenc to be within 300• feet of Coutolenc Road. This condition to be voided when the Paradise Road and Gun Club Moves to a new location. o. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. Eugene Even has applied fora Tentative Parcel Map. It was approved on February 24, 1986. The final map has not been recorded. All above conditions have. been incorporated as conditions of approval for the final map. 5. Louisiana Pacific.Corporation - Resolution 86-53 - Conditions: a. Subject property is to be developed._as a quasi -public park. The use permit for such park is to address at least: 1. Adequate parking for the.recreational facility. 2. Necessary road -impr'o'vements to Retson Road, providing access to the property. 3. A historical survey should be. performed prior -to the application...for the Use Permit, -•and the application . should provide for- preservation of any. historical resources. 4. Glare from outdoor lighting should be addressed. A Use Permit for the park was issued on August 22, 1986. All of the above conditions were incorporated in the Use Permit conditions. Condition #3 has been completed. Encroachment permits have been -issued by the Public Works Department for a driveway access. Louisiana Pacific is just now starting on the improvements. They have applied " for building permits for a caretakers residence" and' the public restrooms.in accordance with their Use Permit. CBS:lr Inter -Departmental Memorandum TO: Board of Supervisors FROM: Planning Staff SUBJECT: Status of Conditional Zoning Projects, File 84-13 DATE: July 2, 1987 ,The following projects -. have_.been---approved with conditional zoning. This memo is the annual update on the applicants' compliance with the conditions of the rezones. Projects that had met all conditions as of last years review are not included. 1. Robert Berndt - Resolution 84-139 - Conditions: a. That First Party shall construct and maintain sediment ponds in conformity with Exhibit III A and B. b. That said sediment ponds shall be constructed and installed at such time as the Paradise Irrigation District determines the necessity therefore. No activity. Robert Berndt has applied for a Tentative Parcel Map. It was approved -.- on March 4, 1985. The final Map has not been recorded. 2. Douglas Starr - Resolution 84-165 - Conditions: a.. Pay fees as agreed to C.U.S.D. b. Install a mutual water system under permit by Department of Corporations and Department of Environmental Health. C. Trim brush along the curve of the westerly intersection of Forest Ranch Road and Highway 32, the entrance to the school site; and Schott Road and Highway 32. d. Apply dust palliative such as Calcium Chloride on non -paved roads to minimize dust. e. No site disruption or construction during rainy season. f. Mulch or reseed exposed soils at onset of rainy season. g. Gravel or pave all roads. h. No vegetation or tree removal except for those directly in the way of driveways or houses. %I i. Homesite fencing limited to 4 or 5 strand barb wire no lower than 16" nor higher than 48" above ground. j. Install a swimming pool or water storage of 7500 gal. minimum with drafting connection or water pump. k. No shake roofs or exterior shake siding will be allowed. Douglas Starr has applied for a tentative subdivision map. It was approved on November 4, 1985. THe final: map has not been recorded. All above conditions have., been.incorporated as conditions of .approval . for the final map. One of the 5 acre parcels involved in this.project. sold recently. The new owner is contemplating a four parcel split. Any new parcels created will have to meet the requirements of the zone. 3. Ed Hunsaid - Resolution 84-193'- Conditions: a. Terracing to direct storm water runoff into drainage ditches'. - b. All -drainage ditches to be lined with asphalt or p.c.c.-grout to reduce storm water -runoff speeds.. C. Lands not occupied . by dwellings, roads, and other improvements shall be landscaped as recommended by Kingsley Sterns, Biologist. d. On-site .storm water.rurioff, drainage to be conveyed via off .,site ditches lined.with asphalt or p.c.c. grout or pipe to th t d d 1 e neares approve rainage swa e. etc. No development at this time. 4. Eugene B. Even- Resolution 85-169 - Conditions: a. Soil surfaces exposed by construction and grading activities (particularly slopes) to be stabilized by: 1. Re -vegetation as soon as possible, prior to the rainy season. 2. Development of perimeter berm. 3. Preservation 'of existing vegetation outside of development areas. b. Stabilization of all.road cuts. c.. Road side drainage and culverts should be constructed as part of all construction. d. Storm water runoff channels to be stabilized with rock lining and energy -dissipating structures where necessary. e. Storm water energy dissipators shall be placed at outfalls of roadside ditches. f. Limit earthwork and grading activities to the dry season only (April through October). g. Terminate grading activity prior to the rainy season. Disturbed soil surfaces will be protected during the winter rainy season with tarps or native grasses. h. Minimize cut and fill excavation and large-scale site clearing pursuant to Appendix .70. of the Uniform Building Code. i. Roadway locations should conform to terrain, following contours wherever feasible and avoiding steep embankment cuts. j•. Existing on-site roads should be upgraded for access whenever possible, rather than cutting new roads. k. All requirements of the Butte County Fire Department/California Division of Forestry must be met. This includes, but is not limited to the following: 1. Clearing of brush 30 feet from all structures.. 2. Clearing of brush 10 feet adjacent to all roads. 3. All roofs, exposed underflooring and building projects shall be off fire -resistive construction. 4. Adequate water pressure of water storage facilities must be provided . on each parcel as a condition of development. 5. The provision of drafting connections for all wells,and water storage facilities for BCFD/CDF access. 1. New wells shall not be drilled near slopes of 407. M. Fixture division.. of AP 51-10=106 shall designate the easterly 57 acres as a no -building area for residential structures and accessible from Merchant's Bar Road. n. Homesites west of Coutolenc to be within 300 feet of Coutolenc Road. This condition to be voided when the Paradise Road and Gun Club Moves to a new location. o. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. Eugene Even has applied for a Tentative Parcel Map. It was approved on February 24, 1986. The final map has not been recorded. All above conditions have been incorporated as conditions of approval for the final map. 5. Louisiana Pacific Corporation - Resolution 86-53 - Conditions: a. Subject property is to be developed as a quasi -public park. The use permit for such park is to address at least: 1. Adequate parking for the.recreational facility. 2. Necessary . road improvements: to Retson Road, providing access to the property. 3. A historical survey should be performed. prior -to the application for the Use Permit, and.the application should provide for preservation of any historical... resources. 4. Glare from outdoor lighting should be addressed. A Use Permit for the park- was -issued on August 22, 1986. All of the above conditions were incorporated in the Use .Permit conditions. Condition #3 has been completed.. Encroachment permits have been issued by the Public Works Department for a driveway access. Louisiana Pacific is just now starting on the improvements. They have applied for ..building permits for a caretakers .residence and the public. res.trooms in accordance with their Use Permit. CBS:lr 51