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REZ 04-02_PLANNING
5 SEPARATOR SHEET Hary 073 — 300 — 0,27 -PROJECT NUMBEw R � z oy - oz 1 PROJECT SUMMARY SHEET '` FILE NO.: REZ 04-02 PROJECT TYPE: Rezone APN: 073-300-027 APPLICANT: Monty A. Vander Beek ADDRESS: 18412 East Louise Avenue,Escalon,CA 95320 PHONE: (209) 838-8164 OWNER: M/M M. A.Vander Beek and M/M J.M.Vander Beek ADDRESS: 18412 East Louise Avenue,Escalon, CA 95320 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Rezone on an 18.9+/-acre parcel from U (Unclassified)to TM-5 (Timber Mountain, five-acre parcels) ; LOCATED: on both sides of Forbestown Road, approximately 915 feet north of Bamford Way, east of Forbestown PROPERTY ZONED: U (Unclassified) GENERAL PLAN DESIGNATION: AR(Agricultural Residential) TOWN/AREA: Forbestown 1. 'Application accepted: 1/30/2004 Amount: $ 2516 Receipt#: 394748 2. Assigned To: Stephen Betts 3. -Comments sent to: Development Services Director,Public Works Director,Environmental Health, Assessor, LAFCo, Agricultural Commissioner, CDF,Building Manager, County Counsel y 5F 4. Sent to Inter-Departmental Review Committee (IDR): 5. Status Letter sent to applicant: 6. Date scheduled for IDR: Z Jas 041 7. Comments received from: 8. Rezone Petition Signatures Checked: 9. -Mailing List/Lead-in Sheet: 10. Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# gative Declaration Mitigation Negative Declaration Subject to Fish&Game: Environmental Impact Report Gen. Rule Ex.—CEQA# 15061. (W) Other 11. Staff Report: Project Video: 12. Clearinghouse circulation required: Yes No Date Sent to SCH: 13. Publication Notice Written: [o� .2 3_pf Display Ad Prepared: 14. Notices•Mailed: /•Z- a 7-G Number of Notices: 15. Newspaper Publication Date: >I,off 0 C P G B 16. Planning Commission Hearing(s): Action taken: Special Conditions: Commission Resolution No.: 17. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 18. T . one/Send for signature: n 19. /N.O.D./APPENDIX G: Fish&Game Fees Paid: Yes No 20. Send validated Rezone: 21. Assessor's Memo: 22. Copy of Rezone to Planning Technician: J1 .� f BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-MARCH 14 2006 0606-009 Public Hearing - Monty A. Vander Beek - Rezone - consideration of a request to rezone an 18 . 9+/- acre parcel from U (Unclassified, 20 acre minimum parcel size) to TM-5 (Timber Mountain, 5 acre - minimum parcel size) . With this rezone, and upon approval of a subsequent parcel map, the project site could be divided into three parcels for single family residential use. The property is located on both sides of Forbestown Road, approximately 915 feet north of Bamford Way, approximately 1 . 8 miles east of Forbestown in the east Butte County area, and identified as APN 073-300-037 - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1 . SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE STAFF REPORT DATED MARCH 14, 2006, ADOPT A MITIGATED NEGATIVE DECLARATION; 2 . FIND THAT THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711 .4 AND 14 CCR 753 .5 IS REQUIRED BECAUSE THE PROJECT HAS THE POTENTIAL TO CAUSE IMPACTS TO FISH OR WILDLIFE OR THEIR HABITAT; AND 3 . SUBJECT TO FINDINGS III (A-K) AS DETAILED IN THE STAFF REPORT DATED MARCH 14, 2006, ADOPT AN ORDINANCE REZONING THE PROPERTY IDENTIFIED AS APN 073-300-027 FROM U (UNCLASSIFIED, 20 ACRE MINIMUM PARCEL SIZE) TO TM-5 (TIMBER MOUNTAIN, 5 ACRE MINIMUM PARCEL SIZE) AND AUTHORIZE THE CHAIR TO SIGN. (REZ 04-02) (FROM 2-14-06 [3 .18] ) (3600) (**00) PUBLIC HEARING OPENED: 10 :47 A.M. PUBLIC HEARING CLOSED: 10 :50 A.M. MOTION: SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE STAFF REPORT DATED MARCH 14, 2006, I MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION; MOVE TO FIND THAT THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711 .4 AND 14 CCR 753 . 5 IS REQUIRED BECAUSE THE PROJECT HAS THE POTENTIAL TO CAUSE IMPACTS TO FISH OR WILDLIFE OR THEIR HABITAT; AND SUBJECT TO FINDINGS III (A-K) AS DETAILED IN THE STAFF REPORT DATED MARCH 14, 2006, FURTHER MOVE TO ADOPT ORDINANCE 3930 REZONING THE PROPERTY IDENTIFIED AS APN 073-300-027 FROM U (UNCLASSIFIED, 20 ACRE MINIMUM PARCEL SIZE) TO TM-5 (TIMBER MOUNTAIN, 5 ACRE MINIMUM PARCEL SIZE) AND AUTHORIZE THE CHAIR TO SIGN. (REZ 04-02) (FROM 2-14-06 [3 . 18] ) M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) . MINUTES —d3,s I MARCH 14 2006 . —, Correspondence Lo Sheet , Applicant: Monty A. Vander Beek Project Number: REZ 04-02 APN: 073-300-027 Date :Name/Agency Correspondence/Comments Attachments Action Received U 6 r 41 VF • f v KAPlanninfOrojectsEog Sheet.dot 1 Butte County Department of Development Services Administration-AR 0 tFo 7 County Center Drive 0 � 0 Oroville,CA 95965 ° (530)538-7601 Telephone OpY o C-"®'` ®y o OU NZ Rezone File: REZ 04-02 APN: 073-300-027 Applicant: Monty Vanderbeek Date: October 7,2005 18412 East Louise Avenue Escalon, CA 95320 I N V 0 1 C E REZ 04.02 Planning charges are captured in arrears. At the date of this invoice,the following charges had been recorded and entered into our billing program. There may be additional charges in the processing of your application that have not yet been entered into the billing program,and are not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed,you Z will receive a FINAL INVOICE. Z W N The following DISBURSMENTS have been applied towards your DEPOSIT(s): Deposit Disbursement Detail: m - 00 Deposit Date: January 30,2004 Environmental Health $ 287.00 Receipt: 394748 Land Development $ 150.00 U) Total Payment: $2,516.00 CDF/Fire Department $ 43.00 Fn NOD/NOE Filing Fee $ 36.00 0 DEVELOP.SVCS-PLANNING DEPOSIT: $ 2,000.00 a W 0 TOTAL DISBURSMENT TO DATE: $. 2,516.00 The following CHARGES have been applied towards processing of your application: as of: October 7,2005 N Professional Planner $ 1,488.50 WAdministrative/Clerical-$ 88.50 Publication $ 105.93 Mapping.Cn PP 9 $ 107.80 Z PLANNING CHARGES TO DATE: $ '1,790:73- Q • W TOTAL PLANNING DEPOSITS: $ 2,000.00 (� TOTAL BILLABLE CHARGES: $ (1,790.73) _ Remaining Deposit on Account $ (209.27) U REQUIRED MINIMUM RE-DEPOSIT NOW DUE:. $ 1,790.73 to continue processing of this application Butte County Code 3-44 Hourly fees; deposits; billing procedures: County code requires when the initial deposited funds are depleted to an amount equal to 25%of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a W balance equal to the amount of the initial deposit,or a lesser amount as determined by the Director of Development Services. In the event the applicant does not provide sufficient funds to continue processing an application,the application will be denied. F— Z Make checks payable to: Butte County Treasurer and send it to us at the above address. 0 Should you have any questions,please call Accounts Receivable between 8:00 a.m.to 4 p.m.,Monday through Friday. Q AMOUNT DUE AND PAYABLE BY: Biller:GLB October 21f 2005 K:\FISCAL ADMIMBILLINGS&REFUNDS\2005 invoices\Redeposit InvoicesWanderbeek REZ 04-02 10-6-05 DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on page 2 APPLICANT'S NAME: (If application is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: Monty A. Vanderbeek 073 - 300 - 027 ADDRESS: STREET,CITY,STATE,&ZIP CODE FILE NUMBER: (FOR OFFICE USE) 18412 East Louise Ave. , Escalon, CA 95320 Z. 014-02- NAME —O2NAME OF PROPOSED PROJECT(if any) TELEPHONE: VandeLbeek Rezone 209 838 -8164 LOCATION OF PROJECT(Major cross streets and Address,if any) Forbestown Road, Approx. 1 mile NE of intersection with Challenge Cutoff Rd GENERAL INFORMATION REQUIRED OWNER'S NAME: Monty A. VandeLbeek and wife TELEPHONE: Jerry M. VandeLbeek and wife 1 (209. ) 838 -8164 ADDRESS: CITY,STATE,&ZIP CODE: 18412 East Louise Ave . , Escalon, CA 95320 ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE(in Square Feet or Acres) Unclassified Ag—Resid. Undeveloped—Vacant 18 .98 Acres EXISTING STRUCTURES(in Square Feet) PROPOSED STRUCTURES(in Square Feet) None. None at this time . (Check One) (Check One) .❑ PROPERTY IS OR PROPOSED TO BE SEWERED [ PROPERTY IS OR PROPOSED TO.BE ON PUBLIC WATER © PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP ® REZONE ❑ TENTATIVE PARCEL MAP ❑ USE PERMIT ❑WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT ❑BOUNDARY LINE MODIFICATION ❑VARIANCE ❑ LEGAL LOT DETERMINATION ❑MINOR VARIANCE ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ OTHER PROMCTDESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size of parcels.) See attached page #la. U Flu ffE COUNTY PI ANNINr OWNER CERTIFICATION I CERTIFY THAT 1 AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER 0 THE ABOVE DESCRIBED PROPERTY. FURTHER,I ACKNOW. EDGE THE FILING OF THIS APPLICATION AND CERTIFY THA ALL OF T E ATa FORMATION IS TRUE AND ACCURATE. If an a en is to be authorized,execute an affidavit of au orizatio and in 1 de ffiavit with this app]icati n�1 DATE: SIGNATURE: K:\FORMS\UNIFORM APPLICATION Page 1 of 2 AGENT AUTHORIZATION TO: Butte County, Department of Development Services: qY Zo/ f ,4 � E Phone Number( ?Sz�(�F � Print Name S73 9 �.�.�iGL �gy� ; <.t� �LLocv 9, 04 S Mailing Address is hereby authorized to process the application for >•u on my property, identified as Butte County Assessor Parcel Number: APN# 073 - 30 , O - 0A 7 This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) o.v V Print Name Print Name 4 114 01AK/ a Signature I tt ature Architect and/or Engineer: i•.t >� '�tr�';f l.i'»�uf�r.is (r iF1, )'» �;�i. a' ° lii. .':t `_�itfi •2,'�]i� Phone Number Print Name WAichitecf/En ineer _ _ ^; Mn� ,nri Mailing Address Ifil 9 2004 11UJ I FOR OFFICE USE ONLY BUTTE COUNTY PLANNING DIVISION Verify: Date Received: Total Amount Received: ❑ AP Number(s) ❑ Legal Description ❑ Owners Authorization ❑ Zoning Requirements ❑ Project Description ❑ Copies of plot plan Taken.by.--`--. Receipt No. PRW/LDt: tc,;m. : o-Plan E.H. CDF NOD/NOE Fees Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action.- Current ction:Current fee for this application is as of Make check'payable to "Butte County Tinaurer KAFORM&UNIFORM APPLICATION Page 2 of 2 - Y M•t T .• 1 ' y41 I - -.,,.,_-'•-..;i:�!,�, - �'1•r .:l fit��l,a�� �........-..i �� �. - a f. a. CS ,��y.r_� .. _`�: �ti. �•`, � '- 1` •t; �,'C 4;.�tom'. ,`.\. �• •1 - ,. F .. • t `fin ... ,� .. ' M1+a-%• f fi� .- F�t:, .-- .. - •.'...--- --. ._ S ..,rn„�._ -�.yy{;r,:,yt.;4,e:•. �.i,. ..+...t .s xtY�`, AM AGENT AUTHORIZATION TO: Butte County, Dep rtme/nt of Development Services: AvA)�v4E EEG Phone Number&OF Print Na / Y�oZ LOCA/SSC /� L G S Gt4 ee / Mailing Address , is hereby authorized to process the application for on my property, identified as Butte County Assessor Parcel Number: APN# d 73 This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record• (sign and print name) 2% 1.4 N�Eiz Print Name Print Name 0 PA Signature Si n ture Architect and/or Engineer: Phone Number( ) Print Name of Architect/Engineer Mailing Address' FOR OFFICE USE ONLY Verify: Date Received: 1114 04 Total Amount ReceivJ.12 S l k4. 010 [ AP Number(s) YLegal Description [� Owners Authorization [Rozoning Requirements [✓�Project Description [Copies of plot plan Taken by: �24:*s Receipt No. ��( �{+'i PW/LD ISO. 00 Plan;�000-CO E.H. Z$q•00 CDF L473-00 NOD/NOE Fees 3(0.0 O Payment of the currently required Application Fee and/or Deposit(Any unused portion of a deposit) will be returned upon final action. Current fee for this application is as of Make check payable to "Butte County Treasurer". K:\FORMS\UNIFORM APPLICATION Page 2 of 2 _ y y � , `)• a }.. �.ia •.,�-,s� �t.s'�• �D•..1'•?�1 ��,:•r.� v,s W c. 1..7 i ... • r , ' e t ,\ \ � •�` �' tri, � _. r . � �'� ���\ �:a \. . ^� ,�� �T_ a • i • r � • 3 PROJECT DESCRIPTION The owner requests that the subject property's zone classification be changed from Unclassified (U)to Timber Mountain 5 Acre Minimum(TM-5). Upon rezone approval the owner intends to submit a tentative parcel map splitting the existing parcel into three new parcels,each greater than five acres.The subject property is transected by Forbestown Road. The portion of the existing parcel west of Forbestown Road,approximately 7 acres,will become one new parcel. The portion of the existing parcel east of Forbestown Road,approximately 12 acres,will become two new parcels, each about 6 acres in size. The rezoning of the subject property to TM-5 meets the conditional zoning and development criteria established by the County. The majority of parcels in the immediate vicinity are approximately four to five acres in size and occupied by single family dwellings, some with livestock. TM-5 is compatible with these neighboring activities and it is anticipated that the newly created parcels will eventually become rural homesites. This area is supplied with community water by the Yuba County Water District. A preliminary check with the Environmental Health Department indicated that this area is well suited for septic systems with 50 feet of leach line or less typically required per bedroom. The subject property averages less than 10%slope and there is no slope instability. This area is designated SRA with CDF providing fire protection. The CDF&G has classified this area as a developed area with no significant impacts to deer herds. Rezoning of this property to TM-5 will not have a significant impact on adjacent uses including livestock grazing, forestry,and wildlife habitat. The subject property is located approximately 1.5 air miles east of Forbestown. It is accessed via Forbestown Road,a well maintained paved county road averaging 24 plus feet in width in this vicinity. Commercial services and schools are located in the nearby communities of Brownsville and Challenge. They are accessed via Challenge Cutoff and La Porte Roads,both of which are well maintained paved primary county arteries. There are no industrial uses,railroads, or airports within several miles of the subject property. E C E 0 V E D JAN 3 0 2004 Page#la BUTTE COUNTY PLANNING DIVISION COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be completed By Project Applicant) Date Filed GENERAL INFORMATION: 1. Name and address of owner, and/or developer, and/or project sponsor: Mo m y A. V a n d e r b e e k 18412 East Louise Avenue, Escalon, CA 95320 No street address asigned . Property is located on 2. Address of project: Eor:bes.town Rd. approx. 1 mile NE of Challenge Cutoff Rd. Assessor's Parcel Number: 073-300-027-000 3. . Name, address, and telephone number of person to be contacted concerning this project: Monty Vanderbeek, 18412 E. Louise Av. , Escalon, CA 209-838-8164 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: None known. * A tentative parcel map will be siibmitited by owner upon rezone approval . 5. Existing general plan designation: Agricultural Residential . 6. Existing zoning district: Unclassified. 7. How island currently used? Property is undeveloped and vacant . Two low standard access roads exist but have not been maintained . 8.. Proposed use of site (Project for which this form is filed): Owner requests rezone to TM-5 . Parcels will eventtzally be used as rlxral single family homesites . Project Description: 9. Site size: Existing parcel is 18 .98 Acres (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: Compact: Total: 11. Plans attached: Yes X No Site Plan- 12. 1an_.12. Proposed development schedule: None. 13. Associated projects Tentative parcel map t6 be submitted by owner within 90 days of rezone approval . 14. Anticipated incremental or phased development NA Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. See attached page. 16. If commercial, indicate the type, whether neighborhood, cityor regionally oriented, square footage of sales area and loading facilities. NA 17. If industrial, indicate type, estimated employment per shift, and load c ie D �I IV ,/ LUU ❑ Butte County Department of Development Services ❑ lan ng Division ❑ J SION _. o. 18.. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. NA 19. If the project involves a minor variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please -attach as Exhibit Rezone application is regizired to change ctzrLent Unclassified zone to TM-5 . Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. _ X 21. Change in scenic views or vistas from existing residential areas or public lands or roads. _ X 22. Change in pattern or character of general area of project. _ X 23. Significant amounts of solid waste or litter. _ X 24. Change in dust, ash, smoke, fumes or odors in vicinity. _ X 25. Change in bay, lake, river, stream or ground water quality - or quantity, or alteration of existing drainage patterns. _ X 26. Substantial change in existing noise or vibration levels in the vicinity. _ X 27. Site on filled land or on slopes of 10 percent or more. _ X 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. _ X 29. Substantial change in demand for municipal services (police, fire,water, sewage, etc. including special districts). _ X 30: Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). _ X 31. Relationship to a larger project or series of projects. _ X Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. See attachments . 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. See attachments . ❑ Butte County Department of Development Services ❑ Planning Division ❑ s Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. i Dat Signat r K:\Planning\FORMS\Submittal\ENV-INFO.FRM 0 Butte County Department of Development Services 0 Planning Division 0 l ENVIltONMENTAL INFORMATION FORM ATTACHMENT Item#15. The owner's objective is to create three separate parcels. Each parcel to be zoned TM-5 upon rezone approval. This will potentially allow a single family dwelling to be constructed on each parcel. Item#32. This is a rural project site approximately 1.5 air miles east of Forbestown. It is currently undeveloped and vacant. There are two old existing low standard access roads which have not been maintained. One access road encroaches on the west side of Forbestown Road. The other encroaches on the east side of Forbestown Road. The Oroville Wyandotte Irrigation District Canal flows through the western portion of the parcel. The Canal is about 12 feet wide,open and unlined. A 16 foot long by 12 foot wide wood bridge crosses the Canal. The parcel is densely vegetated with a young growth mixed conifer forest mixed with hardwood species. The overstory species include ponderosa pine, sugar pine,Douglas-fir, incense cedar, white fir,tanoak, Pacific madrone, and California black oak. The understory species include mixed conifer saplings,tanoak, manzanita,deer brush, poison-oak,and minor amounts of blackberries, ferns, and grasses. The topography is gentle ranging from zero to 15%and averaging less than 10%. The soils in this area are stable,deep clay loams and well suited for septic systems. Animals common to this area include deer,coyote,fox, bobcat, skunk, raccoon,possum, gray squirrel,wood rat, red-tailed hawk,turkey,various migratory bird species,and an occasional California black bear. There are no known endangered species in this vicinity. There are no known significant cultural or historic sites. The area is not a designated scenic area of any kind but is a pleasant rural setting. Item#33. The surrounding properties are predominantly rural single family home sites. The general plan designation is Agricultural Residential. Parcels in this vicinity range in size from less than one acre to 20 acres but four to five acre parcels are the most numerous. There are two TPZ-160 parcels in this vicinity. Nearly all of the other parcels are zoned Unclassified. There are no industrial or commercial properties in the immediate area. Home density is low due to the multi-acre parcel sizes and the fact that many parcels have not yet been developed. It is basically a rural residential neighborhood. Some residents have horses,chickens,vegetable gardens,and various pets. Most structures greatly exceed the required set-back distances. The general area has a history of gold mining and timber production. JAN 3 0 2004 • BUTTE COUNTY PLANNING DIVISION REZONE JAN 3 0 2004 LICATION PACKET CHECKLIST T is checClist'.is'designed assist applicants in making sure all necessary information is included in their is application packet. Please include this checklist along with you submittal. Applicant Planner 1. Ltd' A completed, signed, Uniform Application and Environmental Information form. If the application is signed by an agent for the property owner, an agent authorization form must be submitted along with the Uniform Application. The application shall not be accepted unless signed by the owner or authorized agent. 2. �'0 If the rezone involves more than one parcel, a petition signed by a minimum of 60% of the owners of the parcels affected, must be submitted. 3. VIZ A Copy of the Grant Deed, a map of property showing the precise boundaries and/or a legal description. 4. Payment of the currently required Application Fee and/or Deposit (Any unused portion of the deposit will be returned upon final action, if any remains). (Plannner advises applicant) 5. t Thirty-five(35)copies of plans which shall include a detailed site plan drawn to scale. All plans shall be drawn on uniform size sheets no j-eater than 24" X 36". The finished plans shall be folded to 8 1/2" x 11". The detailed site plan must include: a. Name and address of Applicant, Engineer and/or Architect b. aAssessor Parcel Number(s) and the street address. c. [ I.lC1 Property lines, lot dimensions, city and special district boundaries (if applicable), existing general plan and zoning designations for the property and within 100 feet of the boundaries of the property. dj. DEDimensioned locations of existing and proposed improvements on the property(including,but not limited to,buildings,driveways,parking areas,wells, septic tanks and leach fields). For IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL .BE DEEMED. INCOMPLETE. 1 • • vacant property,or in other circumstances,this requirement may be waived by the Director of Development Services or the Director's designee. Waved ❑ YES ❑ NO e. [2( For vacant or substantially undeveloped land, show contours as per USGS maps or better. f. (ZEEr Distances from any significant natural and man-made features of the property,such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, �-y railroads, to the property lines. g. �I� North arrow and scale of drawing. All plans shall be drawn to an engineering scale with the preferred scale of V = 20', with a north arrow preferably oriented to the top of sheet. h. E�a Vicinity Map i. All plans must be clear and legible. One co of an 8 1/2" x 11" transparency reduction of the detailed site plan. 6. � O PY P Y Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents,as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture ommissioner. 12Signature: i Date: Ap licant/Representative Signature: Date: 30 0 Planning Receiving Application K:\fonns\submital\rezone.fi-m IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 January 29,2004 Monty A. Vanderbeek 18412 E. Louise Ave. Escalon, CA 95320 Phone: 209-83 8-8164 Planning Division Butte County Dept. of Development Services 7 County Center Drive Oroville,CA 95965 Re: Vanderbeek Rezone Application Please find enclosed my Rezone Application and Environmental Information Form for APN 073- 300-027. Also enclosed is the required Application Fee and/or deposit,a copy of the Grant Deed, and Site Plan Map. Sincerely - o .tA, and ek Owner i D EOVEI EJAN302004 BUTTE COUNTY PLANNING DIVISION � r.-..._....._ __.._ .....,,�,,,, F 4 _ ( 3 �1�!a V �� W YVV� �� o{� �:°1l t�` v � > ��� .. . � , � � - � � ' NOTICE OF DETERMINATION TO ® Butte County Clerk F[JUN 2 2 2006 ❑ Office of Planning and Research cAN c U 1400 Tenth Street �,VAftMJOUTTE CO.CLERK P.O.Box 3044 DEPUTY Sacramento,CA 95812-3044 FILING NO. FROM: Butte County Department of Development Services,Planning , 7 County Center Drive,Oroville,CA 95965 SUBJECT: ' Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. sl AP Number: 073-300-027 Project Title: REZ 04-02,Rezone Applicant: . Monty A.Vander Beek, 18412 East Louise Avenue,Escalon,CA 95320 Contact Person: Carl Durling Telephone Number: 538-7601 Project Description: Rezone on an 18.9+/-acre parcel from U(Unclassified)to TM-5.(Timber Mountain, five-acre parcels) Project Location: on both sides of Forbestown Road, approximately 915 feet north of Bamford Way, east of Forbestown State Clearinghouse Number(If submitted to clearinghouse): This is to advise that the Butte County Board of Supervisors has approved the above-described project on 12:00:00 AM and has made the following determinations regarding the above-described project: . 1. The project Nwill,❑will not,have a significant effect on the environment.' 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 3. NA Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures Nwere, ❑were not,made a condition of the approval of the project. 5. A statement of overriding considerations ❑was, Nwas not, adopted for this project. This is to certify that the final EIR,with comments and responses and record of project approval,is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Orovil C f Charles Thistlethw2 e,Development Services Planning Manager � r i iLur) tiihi 1 trr. • ��j !; i t w,i Mitigation Measures: Mitigation Measure # 1: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. c. Water shall be applied to disturbed areas a minimum of two(2)times per day or more as necessary. d. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte Couiity.Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200&205 (Nuisance and Fugitive Dust Emissions). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. f. . Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways,unless conditions warrant a greater frequency." Plan Requirements: The note shall be'placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Planning Division and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department .of Development Services shall ensure that this note is placed on all building and site development plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. Mitigation Measure # 2: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Fencing for areas other than residential areas shall be limited to a maximum of five (5) wire strands. The lowest strand shall be at least sixteen(16) inches above the ground and the upper strand shall be no higher than forty-eight(48)inches above the ground." Plan Requirements: The above note shall be placed on separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Tinting: The note shall be reviewed prior to recordation of future maps approved on the project site. Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet.- The Building Division shall ensure that the note is placed on all building and site development plans. Building inspectors shall spot check, and Building shall ensure compliance on-site. Mitigation Measure # 3: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "At the time of building permit application,pay the applicable Deer Herd Impact fee(s) currently in effect." Plan Requirements: The required,note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map•sheet. Timing: The required fee shall be paid at time of building permit issuance, if adopted or in force at the time of application. Monitoring:. The Department of Public Works and the Planning Division shall ensure that the required note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet the map. The Building Division shall collect the fees at the time of building permit issuance if the County adopts the fees. Mitigation Measure # 3: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "At the time of building permit application,pay the applicable Deer Herd Impact'fee(s) currently in effect." Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Timing: The required fee shall be paid at time of building permit issuance, if adopted or in force at the time of application. Monitoring: The Department of Public Works and the Planning Division shall ensure that the required note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet the map. The Building Division shall collect the fees at the time of building permit issuance if the County adopts the fees. Mitigation Measure#4: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Should development activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction activities. Monitoring: The Department of Public.Works and the Planning Division shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building Division shall ensure the note is placed on all building and site development plans. Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure # 5: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "The building setback from all property lines shall comply with the requirements of Public Resources Code 4290 and 4291 (Fire Safe Regulations)." Plan Requirements: The above note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on'all building and site development plans. Timing: At the time of building plan checking, building and site plans_shall be checked for compliance with the condition. . Monitoring: The Public Works Department and the Butte County Fire Department/CDF shall ensure that the note is placed on.a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet. The Butte County Fire Department/CDF will review all of building and site plans for compliance with PRC 4290 and 4291. The Building Division and the Planning Division shall check building and site plans for compliance prior to issuance of a building permit. Building inspectors shall ensure compliance by conducting an on-site inspection prior to the Parcel inspection. Mitigation Measure # 6: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Fire suppression sprinkler systems shall be installed in all new 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, unless a pressurized community water system,with hydrants that meet Fire Department specifications,serves the parcels." Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: Interior fire sprinkler systems shall be installed in all new residential structures at the time"of building construction. Monitoring: The Department of Public Works and the Planning Division shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building Division shall ensure the note is placed on all building and site development plans. Building Division plan checkers shall ensure that the building plans for residential structures include interior fire sprinkler systems. Building inspectors shall ensure all residential structures have a functioning interior fire sprinkler system prior to the final inspection,by conducting an on-site inspection. t r DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) ' Name and address of applicant: Monty A. Vander Beek 18412 East Louise Avenue Escalon, CA 95320 Project Title/File Number: Rezone,REZ 04-02 ' ' APN: 073-300-027 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ❑ B. De Minimis Impact- Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee ' .2. NOTICE OF DETERMINATION-FEE REQUIRED ® A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $850 State Filing Fee- $36.00 ee$36.00 Clerk's Documentary Handling Fee 3. OTHER(Specify) ❑ $36.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. ® PAYMENT: The above fees have been paid. See attached receipt(s): #394748 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official " By: Tim Snellings, Development Services Title: Director IJ Lead Agency: Butte County Department of Development Services Date: June 20, 2006 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION b De Minimis Impact Finding (Fish and Game Code Sec. 711.4;Section 753.5c,Title 14,California Code of Regulations) . l Project TitleButt6 County Location: REZ 04-02, on both sides of Forbestown Road, approximately 915 feet north of Bamford Way, east of Forbestown Project Description: Rezone on an 18.9 +/- acre parcel from U (Unclassified) to TM-5 (Timber Mountain, five-acre parcels) Findings of Exemption(attach as necessary): 1. The County of Butte has conducted an Initial Study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When consideringthe record as a whole there is no evidence before the Count � Y that the project will have potential for an adverse impact on wildlife resources or . the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711..4 of the Fish and Game Code. b Certification: , I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in-Section 711.2 of the Fish and Game Code. By: C es hist et Waite, Development Services Planning Manager Lead Agency: County of Butte , Date: June 20, 2006 COUNT'' OF BUTTE ,AUDITOR'S CERTIFICATE AND Tl:� SURER'S RECEIPT OROMLLE, Ill 71154 RECEIVED FROM PLANNING BAA 4 329 DATE � �e FUND FUND DEFT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CGDE AMOUNT DEPOSIT DATE: 2-3 RECEIPTS: ;94748-SS4755k PLAWNG APPL FEES GERL 0010 44OWi 4210M 1d}1Ebl 5,11G.00 LAND DEVELOPMENT GEHL 0016 440004 X1111 ad 101001 1,260.00 ENVIRONMENTAL I-D.LTH GENL 0010 54000M 4614901 101001 242-00 FIRE PLNG APPL,FEE FIRE PROTECT 0100 4617240 101001 387.00 NOIR OE CLERK'S FILING FE GEHL 0010 470MI 461231S 101001 180.00 D.O.T.-ALUC PLANNING -GENL 0010 44M4 4617241 4I31ca1 ma.00 0K Cj1C�,,d s TOTAL $ 85069.04 PPRUsfED BY: RECEIVED BY: AUDITOR—CONTROLLER TREASURER By: DY: i �htte=treasurer Ixir�lBy- ink--auditorcanary--depositor golden cmc ate 6VI .. COUNTY OF BUTTE NSACTION CODE: AUDITOR-CONTROLLER % A-APPROP EXP. ACCOUNTING TRANSACTION JOURNAL B-APPROP REV 06/16/2006 R-REVENUE X-EXPENDITURE FUND#or PROJECT ACCOUNT TITLE BUDGET ACCOUNT TASK T/C AMOUNT UNIT NUMBER NUMBER DEBIT CREDIT Development Services Planning Appi 440001 4210900 GL 731.45 Treasury Cash 440001 .101001 GL 731.45 Trust Control - F1001 Recorders'.Trust 1001 1011460 GL 731.45 Trust Obligations 1001 280 GL 731.45 i I 4 DESCRIPTION: To corr ATR 89471, Dated 10/27/05. A B GL- 1,462.90 1,462.90 page 1 of 1 05/31/2006 Prepared by: J.DODGE APPROVED BY: J -. 2033, co� COUNTY OF BUTTE TRANSACTION CODE: AUDITOR-CONTROLLER A-APPROP EXP. ACCOUNTING TRANSACTION JOURNAL B-APPROP REV, 06/16/2006 R-REVENUE 4 X-EXPENDITURE FUND#or PROJECT ACCOUNT TITLE BUDGET ACCOUNT ' TASK TIC AMOUNT UNIT NUMBER NUMBER DEBIT CREDIT Development Services Planning Appl 440001 4210900 GL 518:55 Treasury Cash 440001 101001 GL 518.55 Trust Control - F1001 Recorders' Trust 1001 1011460 GL 518.55 Trust Obligations 1001 280 GL 518.55 DESCRIPTION: To Corr ATR 95652, Dated 6/6/06. A B GL 1,037.10 1,037:10 page 1 of 1 06/16/2006 Prepared by: J.DODGE. APPROVED BY: IJ - 2137 4 , . t � 5 0 00 . 0 NOTICE OF DETERMINATION TO: ® Butte County Clerk JUN 2 2 2006 ❑ Office of Planning and ResearchCANOACE J.�RUBBs,BUTTE CO.CLERK 1400 Tenth Street DEPUTY P.O.Box 3044 Sacramento,CA 95812-3044 FILING NO. FROM: Butte County Department of Development Services,Planning 7 County Center Drive,Oroville,CA 95965 L SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. AP Number: 073-300-027 Project Title: REZ 04-02,Rezone Applicant: Monty A.Vander Beek, 18412 East Louise Avenue,Escalon,CA 95320 Contact Person: Carl Durling Telephone Number: 538-7601 Project Description: Rezone on an 18.9+/-acre parcel from U(Unclassified)to TM-5 (Timber Mountain, five-acre parcels) Project Location: on both sides of Forbestown Road, approximately 915 feet north of Bamford Way, east of Forbestown d State Clearinghouse Number(If submitted to clearinghouse): This is io advise that the Butte County Board of Supervisors has approved the above-described project on 12:00:00 AM and has made the following determinations regarding the above-described project: 1. The project®will, ❑will not,have a significant effect on the environment. 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 3. ®A Negative Declaration was prepared for,this project pursuant to the provisions of CEQA. 4. Mitigation measures®were, []were not,made a condition of the approval of the project. 5. A statement of overriding considerations[]was, ®was not, adopted for this project. This is to certify that the final EIR,with comments and responses and record of project approval,is available to the general public at: -Date'received foi filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroy'll C l Charles Thistlethwaite,Development Services t Planning Manager t G _ ; i c t - L ' s e ' 1 • 2 fin! 7 5 s Mitigation Measures: Mitigation Measure # 1: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of'truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. c. Water shall be applied to disturbed areas a minimum of two(2)times per day or more as necessary. d. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County.Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200&205 (Nuisance and Fugitive Dust Emissions). e. All visibly dry disturbed soil surface areas, of operation shall be watered to minimize dust emissions. f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways,unless conditions warrant a greater frequency." Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Planning Division and the Public Works Department shall ensure that the note is placed 'on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department .of Development Services shall ensure that this note is placed on all building and site development plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. Mitigation Measure # 2: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Fencing for areas other than residential areas shall be limited to a maximum of five (5) wire strands. The lowest strand shall be at least sixteen(16) inches above the ground and the upper strand shall be no higher than forty-eight(48)inches above the ground." Plan Requirements: The above note shall be placed on separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: The note shall be reviewed prior to recordation of future maps approved on the project site.- Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building Division shall ensure that the note is placed on all building and site development plans. Building inspectors shall spot check; and Building shall ensure compliance on-site. Miti ation Measure # 3: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map ; sheet: "At the time of building permit application,pay the applicable Deer Herd Impact fee(s) currently in effect." Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Timing: The required fee shall be paid at time of building permit issuance, if adopted or in force at the time of application. Monitoring: The Department of Public Works and the Planning Division shall ensure that the required note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet the map. The Building Division shall collect the fees at the time of building permit issuance if the County adopts the fees. Mitigation Measure # 3: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "At the time of building permit application,pay the applicable Deer Herd Impact fee(s) currently in . effect." Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Timing: The required fee shall be paid at time of building permit issuance, if adopted or in force at the time of application. Monitoring: The Department of Public Works and the Planning Division shall ensure that the required note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet the map. The Building Division shall collect the fees at the time of building permit issuance if the County adopts the fees. Miti ation Measure#4: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or'on an additional map sheet: "Should development activities reveal the presence of cultural resources(i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented,during site preparation and construction activities. Monitoring: The Department of Public Works and the Planning Division shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building Division shall ensure the note is placed on all building and site development plans. Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure# 5: The following note shall be placed on a separate document which is tobe recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "The building setback from all property lines shall comply with the requirements of Public Resources Code 4290 and 4291 (Fire Safe Regulations)." Plan Requirements:• The above note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing:. At the time of building plan checking, building and site plans shall be checked for compliance with the condition. Monitoring: The Public Works Department and the Butte County Fire Department/CDF shall ensure that the note is placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet. The Butte County Fire Department/CDF . will review all of building and site plans for compliance with PRC 4290 and 4291. The Building Division and the Planning Division shall check building and site plans for compliance prior to issuance of a building permit. Building inspectors shall ensure compliance by conducting an on-site inspection prior to the Parcel inspection. Mitigation Measure # 6: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Fire suppression sprinkler systems shall be installed in all new residential structures iri 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 131), unless a pressurized community water system,with hydrants that meet Fire Department specifications,serves the parcels." Plan Requirements: , The required note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: Interior fire sprinkler systems shall be installed in all new_residential structures at the time of building construction. Monitoring: The Department of Public Works and the Planning Division shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building Division shall ensure the note is placed on all building and site development plans. Building Division plan checkers shall ensure that the building plans for residential structures include interior fire sprinkler systems. Building inspectors shall ensure all residential structures have a functioning interior , fire sprinkler system prior to the final inspection,by conducting an on-site.inspection. } DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: Monty A. Vander Beek 18412 East Louise Avenue , Escalon, CA 95320 w Project Title/File Number: Rezone,REZ 04-02 APN: 073-300-027 ' CLASSIFICATION.OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION +. ❑ A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ❑ B. De Minimis Impact- Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION-FEE REQUIRED ® A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. OTHER(Specify) ❑ $36.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. ® PAYMENT: The above fees have been paid. See attached receipt(s): # 394748 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Plannine Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: June 20,2006 . TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4;Section 753.5c,Title 14,California Code of Regulations) Project Title/Butte County Location: REZ 04-02, on both sides of Forbestown Road, approximately 915 feet north of Bamford Way, east of Forbestown Project Description: Rezone on an 18.9+/- acre parcel from U(Unclassified) to TM-5 (Timber Mountain, five-acre parcels) Findings of Exemption (attach as necessary): 1. The County of Butte has conducted an Initial Study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before.the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. . Y .4. The project is hereby found to be de minimis.in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711..4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. s By. C es hist et Waite,Development Services Planning Manager, . Lead Agency: County of Butte Date: June 20, 2006 COON, T'Y OF BLME AUDITOR'S CERTIFICATE AND T;tASUREWS RECEIPT ORO\gLLE, CA no 71154 RECEIVED FROM PLANNING SAG 1 329 DATE FUND FUMED DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE: CODE AMOUN-f DEPOSIT DATE: 2-3 RECEIPTS: 474$-3947854 PLANNING APPL FEES GENL 001b 44WO1 421W.W 101081 5,114.00 LAND DEVELOPM.ENT GEHL 006 440004 4--611708 101001 1,250.00 , EIMR014MENTAL E ILTH GENL 0010 540M 4614901 '101001 842.00 FIRE PLNG APPL FEE FIRE PROTECT MO 461T24 101001 387.00 NO311MOE CLERK'S FILING FE GERL 0010 470MI 4612315 M081 iso.00 D.O.T.-ALUC PLANNING GENL O010 44=1 46IT24i 101061 3M.00 AZ oq_d UCA,r�� r beC�� Or�,C1j ard-S 1y � y8" TOTAL 85069.00 APPRUVED BY: RECEDED BY: AUDITGR-CONMOLLE R TREASURER By: f By- white treasurer pini auditor canary--depositof golden md=fite t , COUNTY OF BUTTE NSACTION CODE: AUDITOR-CONTROLLER A-APPROP EXP. ACCOUNTING TRANSACTION JOURNAL B-APPRORREV 06/16/2006 R-REVENUE X-EXPENDITURE FUND#or PROJECT ACCOUNT TITLE BUDGET ACCOUNT TASK TIC AMOUNT UNIT NUMBER NUMBER DEBIT CREDIT Development Services Planning Appl 440001 4210900 GL 731.45 Treasury Cash 440001 , 101001 GL 731.45 Trust Control - F1001 Recorders' Trust 1001 1011460 GL 731.45 Trust Obligations 1001 280 GL 731.45 i { DESCRIPTION: To corr ATR 89471, Dated 10/27/05. A B GL 1,462.90 11462.90 page 1 of 1 05/31/2006 Prepared by: J.DODGE APPROVED BY: J - 2033 0 COUNTY OF BUTTE C TRANSACTION CODE. I, AUDITOR-CONTROLLER A-APPROP EXP. ACCOUNTING TRANSACTION JOURNAL B-APPROP REV 06/16/2006 R-REVENUE X-EXPENDITURE FUND#or PROJECT ACCOUNT TITLE BUDGET ACCOUNT TASK T/C AMOUNT . UNIT NUMBER NUMBER 'DEBIT CREDIT Development Services Planning Appl 440001 4210900 GL 518.55 Treasury Cash 440001 101001 GL 518.55 Trust Control - F1001 Recorders' Trust 1001 1011460 GL 518.55 Trust Obligations 1001 280 GL 518.55 DESCRIPTION: To Corr ATR 95652, Dated 6/6/06. A B GL 1,037.10 1,037.10 page 1 of 1 06/16/2006 Prepared by: J.DODGE APPROVED BY: IJ - 2137 00 0 . _ i5 V ` 7 • 00 . 0 • �.�,_: s � Jnr c . i e Butte County Department of Development Services UTtF PLANNING DIVISION ° ° 0 0 7.County Center Drive o 0 Oroville, CA 95965 c . 0 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING March 15, 2006 ' Monty A. Vander Beek 18412 East Louise Avenue Escalon, CA 95320 Re: Rezone, REZ 04-02, 073-300-027 Dear Mr. Vander Beek: At the regular meeting of the Butte County Board of Supervisors held March 14, 2006 Ordinance No. 3930 was adopted for which rezones from"U"to TM-5 for property located on both sides of Forbestown Road, approximately 915 feet north of Bamford Way, east of Forbestown: ' PLANNING FEES Your project required a deposit of funds to begin processing of your application. You will be receiving an invoice detailing the planning charges incurred against that deposit. In the event the charges have exceeded the initial deposit,you will be invoiced for those charges that have exceeded the amount deposited and for additional funds to be deposited for the completion of the project. If your proj ect has been completed and there is a balance remaining of your initial deposit,it may be applied to any applicable additional fees as described below. If there are no additional fees,you will be refunded the balance of your deposit. ADDITIONAL FEES - Any fees checked below are applicable to this project and will appear on. your invoice. X This project has been determined to have the potential to cause environmental damage to fish or wildlife or their habitat. The California Code of Regulations, Title 14 requires "all projects for which a Negative Declaration has been prepared pursuant to section 21080(c) of the Public Resources Code shall incur a fee of$1,250.00. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your project. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure Section 1094.6. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final, except that where a shorter time limit is provided by State or Federal law, such shorter time limit shall apply. .Should you have any questions regarding this matter,please contact Carl Durling at 538-(209)838- 8164 at the Planning Division between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Commission Clerk /lr Document l r l BUTTE COUNTY C K OF THE BOARD USE ONLY lqw BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: Monty A. Vander Beek, Rezone from U (Unclassified, 20-acre minimum parcel size)to AGENDA TITLE: TM-5 'Timber Mountain, 5-acre minimumparcel size DDS, DATE: 3/14/06 MEETING DATE 3114106 DEPARTMENT: Planning ` REQUESTED: Carl Durling PHONE: 7150 REGULAR X CONSENT CONTACT: . DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: Summary Request to rezone an 18.9±acre parcel from U (Unclassified, 20-acre minimum parcel size)to TM-5 (Timber Mountain, 5-acre minimum parcel size). With this rezone, and upon approval of a subsequent parcel map, the project site could be divided into three parcels for single family residential use. The project is consistent with the TM-5 zone and with the Butte County General Plan Agricultural-Residential land use designation, as well as the goals and policies of the Land Use Element of the General Plan. Located on both sides of Forbestown Road, approximately 915 feet north of Bamford Way, approximately 1.8 miles east of Forbestown, east Butte County area. Requested Board Actions See Attached AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL (1) IN A FORMAT THAT CAN BE REPRODUCED BY STANDARD OFFICE EQUIPMENT =: ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No x CAO OFFICE USE ONLY If yes,complete Budgetary Impact Worksheet on back Yes No x Administrative Office Review Budget Transfer Requested: If yes,complete Budget Transfer Request Worksheet on back. (Deadline is one business day prior to normal agenda deadline.) Administrative Office Staff Contact 415s Vote Required: Yes: _ No: Will Proposal Require an Agreement: Yes No x Auditor-Controller's Number(if required): Date Received by Clerk of the Board: County Counsel's Approval: Yes No x Will Proposal Require Additional Personnel: Yes _ No x Number of Permanent: Temp Extra Help Previous Board Action Date: 719102 Additional Information Attached: Yes x No Describe: Packet Rev. 06102 SOCIAL INSTRUCTIONS TO (9RK Number of originals required to be returned to Department: "Please Note" Department is responsible for returning contract to contractor. Clerk of the Board returns completed Auditor's copy ONLY. Requested Board Action: Ordinance Required X Resolution Required Minute Order Required For Information Only BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Fundin-q Source Source of Additional Funds Requested Estimated Cost $ Contingencies $ (Fund Name: ) (Fund Number: ) Amount Budgeted $ Unanticipated Revenue $ (Budget Unit Number: ) (Source: )I (Fund Name: ) (Rev.Code: ) (Fund Number: ) Other Transfer(s) 1. Complete worksheet below 2. Deadline is one business day prior To normal agenda deadline Additional Requested $ Total Source of Funds $ Annualized cost $ if also planned for next year. Budget Transfer Authorized By Administrative Office Board Action Required for B-Transfer? Yes No Authorized Signature Date BUDGET TRANSFER REQUEST WORKSHEET .Transfer Request: AMOUNT LINE ITEM LINE ITEM Transfer $ (No Cents) From To Transfer $ (No Cents) From To Transfer $ (No Cents) From To Transfer $ (No Cents) From To ACTIONS FOR CONSIDERATION Staff recommends that the Board of Supervisors take the following actions: I.r Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included,mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Board of Supervisors has considered the proposed Mitigated, Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Board of Supervisors, including the Initial Study and any comments received, there is no substantial evidence that the Rezone for Monty A. Vander Beek, Planning Division File No. RZ 04-02, would have a significant effect on the environment. The custodian of the record is the Butte County Development Services Department. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, with Mitigation Measures 1 through 6, as detailed in the Planning Commission Agenda Report dated January 12, 2006. II. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required because the project has,the.potential to cause impacts to fish or wildlife or their habitat. Ill.. Adopt an Ordinance rezoning property from U (Unclassified, 20-acre minimum parcel size) to TM-5 (Timber Mountain 5-acre minimum parcel size),.and identified as APN 073-300-027, REZ 04-02, for Monty Vander Beek, based on the following findings: A.' The proposed rezoning map is consistent with the following Butte County General Plan Land Use Element Goals and Policies: 3.2.a. Residential densities shall be correlated to soil, slope and other natural site characteristics. 3.2.b. Correlate residential densities to availability of water and sewage disposal and proximity to other public facilities. 3.2.c. Relate residential densities to intensity and compatibility of adjacent uses. 3.2.d. Balance residential densities with traffic-carrying capacities of existing and proposed circulation plans- - 7.1.a. Consider fire hazards in all land use and zoning decisions, environmental -review, subdivision review and the provision of public services. B. The rezoning of the project property is consistent with County f standards and policies. C. The project is physically suitable for the .use and density of the • proposed rezoning. D. The rezoning of the project area will. not cause public health or safety problems because the project area does not contain any physical characteristics that could cause health or safety concerns. E. The rezoning of the project area will not conflict,with easements acquired by the public at large for access through or use of property within the proposed rezone area. F. The project site is not located within an earthquake fault'zone or a -100-year flood zone. G. ,The project would not have an impact to any aircraft operations because the project -site, is not located within -an Airport ,Compatibility Zone. H. Approval of this project will not be.:detrimental to the, public health, safety, and welfare provided the required conditions and mitigation measures are complied with. I. The project is conditionally consistent, with• the Agricultural Residential General Plan land use designation because the proposed zone. meets eleven zoning factors .of, the 'Agricultural Residential designation of the General Plan. J. The project would not cause any impacts to agricultural operations because none are located near the project site. K. The roads in the project area have the capacity to handle the.minor increase in vehicular traffic generated by the project. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT—MARCH 14,2006 Applicant: Monty A. Vander Beek Location: On both sides of Forbestown Owner: Same Road, approximately 915 feet north of Bamford Way, approximately 1.8 miles east of Forbestown, east Butte County area. File#: • REZ 04-02 Parcel Size: 18.9± acres Request: Rezone from U (Unclassified, Supervisor 1 20-acre minimum parcel size) District: to TM-5 (Timber Mountain, 5-acre minimum parcel size). t G.P.: A-R(Agricultural Planner: Carl Durling, Associate Residential) Planner Zoning: U (Unclassified, 20-acre Attachments: minimum parcel size) A: General Plan/Zoning Map Zone Date: January 6, 1987 B: Zoning Ordinance APN: 073-300-027 C: January 12, 2006 Planning ; Commission Agenda Report and Minutes D: Initial Study E: Exhibit Map EXECUTIVE SUMMARY: ' This project is a request to rezone an 18.9± acre parcel from U (Unclassified,-20-acre minimum parcel size)to TM-5 (Timber Mountain, 5-acre minimum parcel size). With this rezone, and upon . approval of a subsequent parcel map, the project site could be divided into three parcels for single family residential use. The project is consistent with the TM-5 zone and with the Butte County General Plan Agricultural-Residential land use designation, as well as the .goals and policies of the Land Use Element of the Genial Plan. At it's January 12, 2006, meeting the Planning Commission'recommended certification of the Draft Mitigated Negative Declaration, and approval of this project, to the Board of Supervisors, with findings. ■ Butte County Department of Development Services'■ 0 March 14, 2006 0 Agenda Report-Vanderbeek REZ 04-02 0 Page 1 of 11.■ PROJECT DESCRIPTION: • This project is a request to rezone an '18.9± acre parcel from U (Unclassified, 20-acre minimum parcel size)to TM-5 (Timber Mountain, 5-acre minimum parcel size). • With this rezone, and upon approval of a subsequent parcel map, the project site.could be - divided into three parcels for single family residential use. • The future parcel map on the project is expected to create one 7f acre parcel on the west side of Forbestown Road and two 6± acre parcels on the east side of Forbestown Road. Sewage disposal for future dwellings on the site would be provided by individual, on-site t septic systems. • Domestic water would be obtained from the South Yuba Water Company. r'. { Access to the future parcels on the site would be from Forbestown Road,which is a public road. • Up to six dwelling units could be placed on the project-site (three primary dwellings and three potential second dwelling units)with approval of a Parcel Map for three(3)parcels. SITE CHARACTERISTICS: • The project site is located in an unincorporated area in the eastern portion of Butte County, east of the small rural community of Forbestown. • The project parcel is split by Forbestown Road, with approximately 7 acres of the parcel on the mest side of Forbestown Road and approximately 12 acres on the east side. • Forbestown Road along the project site carries only local traffic and has a very low vehicle count. Forbestown Road is a through road, which connects to LaPorte Road to'the south (in Yuba County). • Land uses on the surrounding parcels are single family dwellings on parcels ranging is size . from 4.59 to 7.28 acres in size, and timber harvesting. • The project site has gentle topography;with the steepest slopes being approximately 10%. • -The elevation of the property is approximately 2,320 to 2,400 feet above sea level. • Vegetation on the site includes Ponderosa pine, Douglas fir, incense cedar, tanoak, manzanita, buckbrush,poison oak, ferns,berry shrubs, grasses, and wildflowers. • No natural drainages, wetlands, or vernal pools are on the site, but the Oroville Wyandotte Canal is found on the site west of and adjacent to Forbestown Road. • The project site is not within a'100-year flood zone, anearthquake zone, or an airport overflight zone. ■ Butte County Department of Development Services ■ 0 March 14, 2006 0 Agenda Report-Vanderbeek REZ 04-02 ■ Page 2 of 11 0 ANALYSIS: • Surrounding General Plan, Zoning Land Use, and average parcel sizes, is shown in the following chart: Direction General Plan Designation Zoning Existing Land Use(s) North Agricultural Residential Unclassified Timber land 4.59 acres South Agricultural Residential Unclassified Rural residential 6.14 acres East Agricultural Residential Unclassified Rural residential 7.28 acres West Agricultural Residential Unclassified Rural residential 7.23 acres The property is designated as Agricultural Residential in the Butte County General Plan Land Use Element. Consistent zones listed for this designation are A-20, A-40, TM-20, TM-40, FR-20, FR-40, and C-F. Conditionally consistent zones are A-5, A-10, TM-1 thru TM-10, FR-2 thru FR-10, SR-1, AR-2.5, RT-lA, and PUD. The Agricultural Residential designation ' calls for a minimum parcel size of 1 to 40 acres, with one single-family dwelling per parcel. • The project site was zoned Unclassified (Ll) on January 6, 1989. The U zone was intended to be a temporary "holding" zone, and the County intended to rezone those parcels zoned U to a zone more appropriate for the area. This requested rezone to TM-5 may be considered a spot zone. However,the intent of the U zone is to hold property in this zone until a request for an appropriate zone is made which is consistent with the General Plan designation for the area. Section 24-230 (h) (2) states: "Control on land divisions. Any proposed land division of twenty (20) acres or less must first apply for and obtain specific zoning consistent with the general plan or applicable area or specific plans." The.Planning-Commission is recommending approval of this request because the TM-5 zone is consistent with parcel sizes and uses in the area. In.addition, the Planning Commission.-has 'instructed staff to initiate an area wide rezoning analysis of similar to an appropriate TM zone:--- The Agricultural-Residential General Plan land use designation allows for a parcel.size of less than twenty acres if five conditionally consistent criteria can be met. These five criteria and a response to each one are: 1. Compatible with neighboring agricultural activities. The project site is not located in an agricultural area. No agricultural uses, other than timber harvesting, are established on any of the parcels that surround the project site. The project site is not adjacent to lands that have a General Plan land use designations of Orchard and Field Crops'or Grazing and Open Lands. The Butte County Agricultural Commissioner stated that the project would not impact any agricultural operations. The project will not create any impacts to agricultural activities. 2. Evidence of adequate water and sewage disposal capacity. Domestic water is proposed to be obtained from the South Yuba Water Company, which is a public agency that provides domestic water to the project area. Usable , sewage disposal areas as required by Appendix VII of the Butte County Subdivision Ordinance have not yet been proven to exist-on the site. However, Environmental Health has determined that the soils on the project site are generally suitable for on- ■ Butte County Department of Development Services ■ 0 March 14, 2006 ■ Agenda Report- Vanderbeek REZ 04-02 0 Page 3 of 11 0 site sewage disposal systems. It is expected that there is adequate soil for a septic system on each of the three 6+ acre parcels that could ultimately be created as a result of this rezone project. 3. Availability of adequate fire protection facilities. The nearest staffed fire station is Station # 54 (CDF staffed) located approximately 6.3 miles to the southwest at Robinson Mills. Volunteer station # 53 is located approximately 10.5 miles away in Clipper Mills. All new dwellings placed on the project site would be required to have interior fire sprinkler systems to help reduce impacts to fire protection services unless the project site is connected to a pressurized' community water system. A fire hydrant is located approximately 425 feet to the southwest of the project site. , 4. Adequately maintained approved road access with sufficient capacity to service area. The project site fronts on Forbestown Road, which is a public road. Forbestown Road along the project site is chip sealed and is of adequate width to provide for two- way traffic. Forbestown Road is a through road, and connects to LaPorte Road to the south (in Yuba County). A portion of Forbestown Road south of the project site is dirt/gravel but appears to be traversable year-round. Forbestown Road along the project.site carries only local traffic and has a very low vehicle count. A future parcel map on the project site that would create three 6+ acre parcels has the potential to create approximately 29 vehicle trips per day. The future-parcels each have the potential for a second dwelling which could double the vehicle trips to 58. It is expected the actual number of vehicle trips would be much less due to the rural location of the project site. 5. Reasonable accessibility to commercial services and schools. . A K-8 school is located in the community of Challenge, approximately six miles to the south of.-the project site. High schools are located in Marysville, located approximately 40 miles to the south of the project site. School bus service is provided to these schools. Small general stores are located in Forbestown and Challenge. Extensive commercial services are located in Oroville, approximately 24 miles from the project site. • Based' upon .the above responses, the proposed TM-5 zone can be considered to be conditionally consistent with the Agricultural Residential General Plan land use designation. • The Agricultural Residential General Plan land use designation lists eleven zoning factors that must be considered when determining the appropriate zoning district for a particular } area. The zoning factors, along with a staff's response, are: 1. Existing parcel sizes and residential densities, Surrounding and nearby parcels range in size from 0.75 to 80 acres. There are twelve parcels to the south of the site that range in size from 3.3 to 5 acres. The parcels to the north range in size from 0.75 to 10 acres. The parcel to the east of the site is 14+ acres, while the parcel to the west is 80 acres. Land uses on the surrounding parcels are primarily single family dwellings, with some timber harvesting. The requested TM-5 ■ Butte County Department of Development Services ■ 0 March 14, 2006 ■ Agenda Report- Vanderbeek REZ 04-02 ■ Page 4 of 110 zone would be consistent with most of the surrounding and nearby parcel sizes and land uses. However, the U(Unclassified) zone, a holding zone, surrounds the property. 2. Slope The site has an average slope of approximately 3%, with the`steepest slope being approximately 10%. The lack of steep slopes on the site would not hinder residential development on the three future parcels that may be created on the project site as a result of this rezone project. 3. Soil conditions and water availability The soils on the project site are generally adequate for individual, on-site septic systems. The site does not contain any wetlands or vernal pools, and does not appear to be subject to high groundwater levels. Domestic water for any future dwellings on the site would be obtained from the South Yuba Water Company. Well water may be-utilized for irrigation purposes. 4.. Effects on adjacent uses, crop production, livestock grazing, forestry, resources extraction, and wildlife habitat This rezone to TM-5 could result in the creation of three 6+ acre parcels on the project site, each of which could be developed with a single family dwelling unit. A second dwelling could be developed if environmental health requirements and setback requirements can be met. No agricultural uses, other than-some timber harvesting, is found on the surrounding parcels. No mineral resources are extracted from any of the surrounding parcels. The project site does not contain any critical animal habitat. 5. Proximity to public roads and other public facilities. The project site fronts on Forbestown_Road, which.is a public road. A K-8 public school is located in the community of Challenge, approximately six miles from the project site. '. A post off ce is located in nearby Forbestown. No other public facilities exist in the project area. 6. Distance from airports, railroads and industrial uses. As these uses can conflict with the residential uses, the higher density of the TM-5 zone should not be applied near these features. No airports, railroads, or industrial uses are -located in the project area. These types of uses would not have any impact to future residents on the project site. 7. Existing utilities, walkways and drainage facilities. - Electrical and telephone lines are located on Forbestown Road and can easily be extended to the project site. Piped natural gas service is not available in the Forbestown area, and many homeowners utilize propane. Domestic water can be obtained from the South Yuba Water Company. The project site is located in a rural area, and County road standards do not require the installation of curb, gutter, and sidewalks along roadways. Drainage facilities in the area are limited and generally not needed due to the low density of development in the project area. Stormwater runoff from parcels in the project, area is normally directed into natural drainages. ' 8. Potential for surface cracking, landslides, and erosion i - ■ Butte County Department of Development Services ■ ` ■ March 14, 2006 ■ Agenda Report- Vanderbeek REZ 04-02 ■ Page 5 of 11 ■ V. Surface cracking, usually'caused by expansive soils, is not a problem in the project area. The project site is not prone to landslides because it does not contain steep slopes. The soils on the site—decomposed granite—are not generally prone to erosion. 9. Effect on noise, traffic flow and safety, water quality, wildlife habitat and general environmental quality This rezone to TM-5 could result in the creation of three 6+ acre parcels on the project site, each of which could be developed with a single family dwelling unit. A second dwelling could be developed if environmental health requirements and setback requirements can be met. The resulting residential uses would result in a minor increase in noise in the project area, but this increase would not be significant and would be compatible with the other residential uses in the project area. The increase in vehicular traffic would be minor, adding approximately 29 additional vehicular trips to the roads in .the area, as well as the added 29 vehicular trips that may be added by permitted second dwelling units. The roads in the project area have the capacity to handle the minor increase in traffic generated by the project. 10. Local desires Due to its rural mountain location, but relatively short drive to Oroville, the Forbestown area is very desirable and faces increasing pressure for additional residential development. There were no persons in opposition to the proposal at the January 12, 2006, Planning Commission meeting. This rezone project has been recommended for ' approval by the Planning Commission to the Board of Supervisors. A public hearing would also be held for any future land divisions on the project site.. 11. Potential for pest insect breeding. This rezone project, and a subsequent parcel map to create three 6+ acre residential parcels on the project site, are not expected to create a potential for pest or insect breeding because residential uses typically do not include improvements that would be conducive to pest or insect breeding. • Based upon a trip generation rate of 9.57 vehicle trips per day, the project could result in up to approximately 57 additional vehicular trips per day if each of the proposed parcels is developed with two dwelling units. It should be noted that dwellings in rural areas generally will generate less than 9.57 vehicle trips per day. The roads in the project area have the capacity to handle this minor increase. • The project. site is utilized by resident and non-resident deer. In order to protect deer herd movements, a mitigation measure is recommended that requires all new fences meet California Department of Fish and Game fencing standards. ENVIRONMENTAL REVIEW/CEQA ISSUES: The initial study prepared for this project determined there would be future parcel map environmental impacts to the following areas: Air Quality (dust control during site development activities) • Biological Resources (impacts to deer herd movements, oak tree habitat, and stream habitat) ■ Butte County Department of Development Services ■ ■ March 14, 2006 ■ Agenda Report-Vanderbeek REZ 04-02 ■ Page 6 of 11 ■ • Cultural Resources (possible disturbance of archaeological resources) • .•Fire Hazards (extended building setbacks to allow for vegetation clearance) • Public Services (interior fire sprinkler systems required in all new residential structures) The initial study, which is attached to this agenda report, recommended six mitigation measures to reduce parcel map environmental impacts to a less than significant level. These mitigation measures are to be applied to any future parcel map on the property. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required because the project has the potential to cause impacts to fish'or wildlife or their habitat. • The initial study/mitigated negative declaration was sent to the Governor's Office of Planning and Research, State Clearinghouse, for a 30-day review period (SCH # 2005052011). The review period began 5/6/05 and ended 6/5/05. Notices regarding the 30-day review period were mailed to`landowners near the project site, and a notice was placed in the Oroville Mercury Register. ACTIONS FOR CONSIDERATION Staff recommends that the Board of Supervisors take the following actions: I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated.Negative Declaration is proposed. B. The Board of Supervisors has considered the proposed Mitigated Negative Declaration,together with comments received during the review process. C. On the basis of the whole record before the Board of Supervisors, including the Initial Study and any comments received, there is no substantial evidence that the ` Rezone for Monty A. Vander Beek, Planning Division File No."RZ 04-02, would have a significant effect on the environment. The custodian of the record is the Butte County Development Services Department. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The proposed Mitigated Negative Declaration reflects the independent judgment ' and analysis of the County, which is the Lead Agency. E. _Adopt the Mitigated Negative'.Declaration regarding environmental impacts, with Mitigation Measures 1 throug6, as detailed in the Planning Commission Agenda Report dated January 12, 2006. II. The collection of,fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required because the project has the potential'to cause impacts to fish or wildlife or their habitat. ■ Butte County Department of Development Services ■ ■ March 14,2006 ■-Agenda Report-Vanderbeek REZ 04-02 ■ Page 7 of 11 ■ III. Adopt an Ordinance rezoning property from U (Unclassified, •20-acre minimum parcel - size) to TM-5 (Timber Mountain 5-acre minimum parcel size), and identified as APN 073-300-027, REZ 04-02, for Monty Vander Beek, based on the following findings: A. The proposed rezoning map is consistent with the following Butte County General Plan Land Use Element Goals and Policies: 3.2.a. Residential densities shall be correlated to soil, slope and other natural site characteristics. 3.2.b. Correlate residential,densities to availability of water and sewage disposal and proximity to other public facilities. 3.2.c. Relate residential densities to intensity and compatibility of adjacent uses. 3.2.d. Balance residential densities with traffic-carrying capacities of existing and proposed circulation plans. 7.La. Consider fire hazards in all land use and zoning decisions, environmental review, subdivision review and the provision of public services. B. The rezoning of the project property is consistent with County standards and policies. C: The project is physically suitable for the use and density of the proposed rezoning. D. The rezoning of the project area will not cause public health or safety problems because the project area does not contain any physical characteristics that could cause health or safety concerns. E. The rezoning of the project area will not conflict with easements acquired by the public at large for access through or use of property within the proposed rezone ' area. F. The project site is not located within an earthquake fault zone or a 100-year flood , zone. G. The project would not have an impact to any aircraft operations because the project site is not located within an Airport Compatibility Zone. H. Approval of this project will-not be detrimental to the public health, safety, and welfare provided the required conditions and mitigation measures are complied with. , I. The project is conditionally consistent with the Agricultural Residential General Plan land use designation because the proposed zone meets eleven zoning factors of the Agricultural Residential designation of the General Plan. J. The project would not cause any impacts to agricultural operations because none are located near the project site. K. The roads in the project area have the capacity to handle the minor increase in vehicular traffic generated by the project. K:\Planning\PROJECTS\REZ\VANDERBEEK.04-02\Board of Supervisors files\Vanderbeek RZ 04-02 Board of Supervisors Agenda Report.doc ■ Butte County Department of Development Services ■ 0 March 14, 2006 0 Agenda Report -Vanderbeek REZ 04-02 0 Page 8 of 11 0 35 36. 36 1 T!9N:R07E'..MDB&V: 2 1 S ` \ �6 Via. F O i ..`. .� . 'y7LJ _ i ■ Butte County Department of Development Services ■ 0 March 14, 2006 0 Agenda Report-Vanderbeek REZ 04-02 ■ Page 9 of 11 ■ 60 T Vanderbeek OR : Vit,L REZ.04-0 2 _ —.. West side of . Forbestown Rd = 451 Vanderbeek REZ 04:-02 °. East side of Forbestown Rd r aa 4a -JL1 ----- ---- ---- ■ Butte County Department of Development Services ■ ■ March 14, 2006 ■ Agenda Report- Vanderbeek REZ 04-02 ■ Page 10 of 110 01 • � — SJ,��`\�\ �1 .sus, m ' " o0.1 � p •_/,i K� R Y to p ! ■ Butte County Department of Development Services ■ ■ March•14, 2006 ■ Agenda Report- Vanderbeek REZ 04-02 0 Page 11 of l 1 ■ c ORDINANCE NO. AN ORDINANCE REZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA,A"TM-5"(TIMBER MOUNTAIN, 5- ACRE PARCELS) DISTRICT, PURSUANT TO SECTION 24-25.40. 2 The Board of Supervisors of the County of Butte, State of California, 3 4 under and pursuant to Section 24-25.40 of the Butte County Code, ORDAINS, as 5 follows: 6 SECTION I. The hereinafter described area situate in the County of 7 Butte, State of California, shall be and it is hereby zoned as a "TM-5" (Timber 8. Mountain, 5-acre parcels) District, and such area shall be subject to the restrictions 9 and restricted uses and regulations pursuant to Butte County Code Section 24-230. 10 Said area so zoned being located in the unincorporated area of Butte 11 12 County, Forbestown, more particularly described as follows: 13 Portion of the W Y2 of the N.E '/4 of Section 12, T19N, R6E, MDB&M, described as follows: 14 15 BEGINNING at the NW corner of said NE '/4 of Section 12; thence from said point of Beginning, S along the W line of said NE '/4 of 16 Section 12, 1320 feet to the actual point of beginning, continuing along said W line, S 660 feet;thence E 1320 feet; thence N 660 feet; 17 thence W 1320 feet to the actual point of beginning. 18 18.9 acres, more or less, Forbestown lg SECTION 2. This Ordinance shall be and it is hereby declared to be 20 in full force and effect from and after thirty (30) days after the date of its passage, 21 and before the expiration of fifteen (15) days after its passage, this Ordinance shall 22 be published once with the names of the members of the Board of Supervisors 23 voting for and against it in the , a newspaper published in the County of Butte, State 24 25 of California. 26 1. PASSED AND ADOPTED by the Board of Supervisors of the 2 County of Butte, State of California, on the day of 2006, by the following vote: 3 AYES: 4 NOES: ABSENT: 5' NOT VOTING: g CURT JOSIASSEN, CHAIRMAN 7 Butte County Board of Supervisors 8 r ATTEST: PAUL McINTOSH, Chief Administrative 9 Officer and Clerk of the Board 10 11 By 12 13 14 15 16• 17 18 19 _ 20 21 22 23 24 25 .26 , BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT—JANUARY 12, 2006 Applicant: Monty A. Vanderbeek Location: On both sides of Forbestown Owner: Same Road, approximately 915 feet north of Bamford Way, approximately 1.8 miles east of Forbestown, east Butte County area. File#: REZ.04-02 Parcel Size: 18.9± acres Request: Rezone from U (Unclassified, Supervisor 1 20-acre minimum parcel size) District: to TM-5 (Timber Mountain, 5-acre minimum parcel size). G.P.: A-R(Agricultural Planner:. Carl Durling, Associate Residential) Planner U (Unclassified, 20-acre Attachments: Zoning: minimum parcel size) A: General Plan/Zoning Map w. Zone Date: -January 6, 1987 B: Initial Study APN: 073-300-027 C: Site Plan D: Rezone Study Area EXECUTIVE SUMMARY: This project is a request to rezone the 18.9± acre parcel from U (Unclassified, 20-acre minimum parcel size) to TM-5 (Timber Mountain, 5-acre minimum parcel size). With this rezone, and upon approval of a subsequent parcel map, the project site could be divided into three parcels for 'single family residential use. The project is consistent with the TM-5 zone and with the Butte County General Plan Agricultural-Residential land use designation, as well as the goals and policies of the Land Use Element of the General Plan. Staff recommends approval of this project with findings and conditions. As a separate action, Staff also recommends that the Planning Commission initiate an area wide rezone analysis of an appropriate TM zone (see attached Exhibit D, Rezone Study Area. r ■ Butte County Department of Development Services ■ ■ January 12, 2006 ■ Agenda Report - Vanderbeek REZ 04-02 ■ Page 1 of 13 ■ 3 a r PROJECT DESCRIPTION: • This project is a request to rezone the 18.9± acre parcel from U (Unclassified, 20-acre minimum parcel size) to TM-5 (Timber Mountain, 5-acre minimum parcel size). • With this rezone, and upon approval of a subsequent parcel map, the project site could be divided into threearcels for single family residential use. p g Y ' . • The future parcel map on the project is expected to create one 7± acre parcel on the west side of Forbestown Road and two 6± acre parcels on the east side of Forbestown Road. • Sewage disposal for future dwellings on the site would be provided by individual, on-site septic systems. • Domestic water would be obtained from the South Yuba Water Company. • ,Access to the future parcels on the site would be from Forbestown Road, which is a public road. • Up to six dwelling units could be placed on the project site (three primary dwellings and three potential second dwelling units) with approval of a Parcel Map for three (3) parcels. SITE CHARACTERISTICS: • The project site is located in an unincorporated area in the eastern portion of Butte County, ,_.. east of the small rural community of Forbestown. • The project parcel is split by Forbestown Road, with approximately 7 acres of the parcel on y the west side ofrForbestown Road and approximately 12 acres on the east side. • Forbestown Road along the project site carries only local.traffic and has a very low vehicle count. Forbestown Road is a.through road, which connects to LaPorte Road to the south (in Yuba County).' • Land uses on the surrounding parcels are single family dwellings on parcels approximately five acres in size, and timber harvesting. • The project site has gentle topography, with the steepest slopes being approximately 10%. • The elevation of the property is approximately 2,320 to 2,400 feet above sea level. • Vegetation on the site includes Ponderosa pine, Douglas fir, incense cedar, tanoak, manzanita,buckbrush,poison oak, ferns,berry shrubs, grasses, and wildflowers. No natural drainages, wetlands, or vernal pools are on the site, but the Oroville Wyandotte Canal is found on the site west of and adjacent to Forbestown Road. • The project site is not within a 100-year flood zone, an earthquake zone, or an airport overflight zone. ANALYSIS: ■ Butte County Department of Development Services ■ 3b 0 January 12, 2006 0 Agenda Report -.Vanderbeek REZ 04-02 ■ Page 2 of 13 0 • Surrounding General Plan, Zoning Land Use, and average parcel sizes, is shown in the following chart: Direction General Plan Desi nation Zonine Existing Land Use s North Agricultural Residential Unclassified Timber land 4.59 acres South Agricultural Residential Unclassified Rural residential 6.14 acres East Agricultural Residential Unclassified Rural residential 7.28 acres West Agricultural Residential Unclassified Rural residential 7.23 acres • The property is designated as Agricultural Residential in the Butte County General Plan Land Use Element. Consistent zones listed for this designation are A-20, A-40, TM-20, TM-40, FR-20, FR-40, and C-F. Conditionally consistent zones are A-5, A-10, TM-1 thru TM-10, FR-2 thru FR-10, SR-1, AR-2.5, RT-1A, and PUD. The Agricultural Residential designation calls for a minimum parcel size of 1 to 40 acres, with one single-family dwelling per parcel. • The Agricultural-Residential General Plan land use designation allows for a parcel size of less than twenty acres if five conditionally consistent criteria can be met. These five criteria and a response to each one are: 1. Compatible with neighboring agricultural activities. The project site is not located in an agricultural area. No agricultural uses, other than timber harvesting, are established on any of the parcels that surround the project site. The project site is not adjacent to lands that have a General Plan land use designations of Orchard and Field Crops or Grazing and Open Lands. The Butte County Agricultural Commissioner stated that the project would not impact any agricultural operations. The project will not create any impacts to agricultural activities. 2. Evidence of adequate water and sewage disposal capacity. Domestic water is proposed to be obtained from the South Yuba Water`'Cbmpany, which is a public agency that provides domestic water to the project area..- Usable sewage disposal areas as required by Appendix VII of the Butte County Subdivision Ordinance have not been proven to exist on the site. However, Environmental Health has determined that the soils on the project site are generally suitable for on-site sewage disposal systems. It is expected that there is adequate soil for a septic system on each of the three 6+ acre parcels that could ultimately be created as a result of this rezone project. 3.' Availability of adequate fire protection facilities. The nearest staffed fire station is Station # 54 (CDF staffed) located approximately 6.3 miles to the southwest at Robinson Mills. Volunteer station # 53 is located approximately 10.5 miles away in Clipper Mills. All new dwellings placed on the project site would be required to have interior fire sprinkler systems to help reduce impacts to fire protection services unless the project site is connected to a pressurized community water system. A fire hydrant is located approximately 425 feet to the southwest of the project site. 4. Adequately maintained approved road access with sufficient capacity to service area. The project site fronts on Forbestown Road, which is a public road. Forbestown Road along the project site is chip sealed and is of adequate width to provide for two- way traffic. Forbestown Road is a through road, and connects to LaPorte Road to ■ Butte County Department of Development Services ■ 0 January 12, 2006 0 Agenda Report - Vanderbeek REZ 04-02 0 Page 3 of 13 ■ 3c the south (in Yuba County). A portion of Forbestown Road south of the project site is dirt/gravel but appears to be traversable year-round. Forbestown'Road along the project site carries only local traffic and has a very low vehicle count. A future parcel map on the project site that would create three 6+ acre parcels has the potential to create approximately 29 vehicle trips per day. The future parcels each have the potential for a second dwelling which would double the vehicle trips to 58. It is expected the actual number of vehicle trips would be much less due to the rural location of the project site. 5. Reasonable accessibility to commercial services and schools. A K-8 school is located in the community of Challenge, approximately six miles to the south of the project site. High schools are located in Marysville, located approximately 40 miles to the'south of the project site. School bus service is provided to these schools. Small general stores are located in Forbestown and Challenge. Extensive commercial services are located in Oroville, approximately 24 miles from the project site. • Based upon the above responses, the proposed TM-5 zone can be considered to be conditionally consistent with the Agricultural Residential General Plan land use designation. • The Agricultural Residential General Plan land use designation lists eleven zoning factors that must be considered when determining the appropriate zoning district for a particular area. The zoning factors, along with a staff's response, are: 1. Existing parcel sizes and residential densities - Surrounding and nearby parcels range in size from 0.75 to,80 acres. There are twelve y - parcels to the south of the site that range in size from,3.3-6 5 acres. The parcels to the north range.in size from 0:75 to 10 acres. The parcel to.the.east of the site is 14+ acres, while the parcel to the west is 80 acres. Land uses.,on the surrounding parcels are primarily single family dwellings, with some timber harvesting. The requested TM-5 zone would be consistent with most of the surrounding and nearby parcel sizes and land uses. However, the U(Unclassified)zone, a holding zone, surrounds the property. 2. Slope The site has an average slope of approximately 3%, with the steepest slope being approximately 10%. The- lack of steep slopes on the site would not hinder residential development on the three future parcels that may be created on the project site as a result of this rezone project. 3. Soil conditions and water availability The soils on the project site are generally adequate for individual, on-site septic systems. The site does not contain any wetlands or vernal pools, and does not appear to be subject to high groundwater levels. Domestic water for any future dwellings on the site would be obtained from the South Yuba Water Company. Well water may be utilized for irrigation purposes. 4. Effects on adjacent uses, crop production, livestock grazing, forestry, resources extraction, and wildlife habitat ■ Butte County Department of Development Services ■ ■ January 12, 2006 ■ Agenda Report - Vanderbeek REZ 04-02 0 Page 4 of 13 ■ 3d This rezone to TM-5 could result in the creation of three 6+ acre parcels on the project site, each of which could be developed with a single family dwelling unit. A second dwelling could be developed if environmental health requirements and setback requirements can be met. No agricultural uses, other than some timber harvesting, is found on the surrounding parcels. No mineral resources are extracted from any of the surrounding parcels. The project site does not contain any critical animal habitat. R ' 5. Proximity to public roads and other public facilities. The project site fronts on Forbestown Road, which is a public road. A K-8 public school is located in the community of Challenge, approximately six miles from the project site. A post office is located in nearby Forbestown. No other public facilities exist in the project area. 6. Distance from airports, railroads and industrial uses. As these uses can conflict with the residential uses, the higher density of the TM-Saone should not be applied near these features. No airports, railroads, or industrial uses are located in the project area. These types of uses would not have any impact to future residents on the project site. 7. Existing utilities, walkways and drainage facilities. Electrical and telephone lines are located on Forbestown Road and can easily be extended to the project site. Piped natural gas service is not available in the Forbestown area, and many homeowners utilize propane. Domestic water can be obtained from the South Yuba Water Company. The project site is located in a rural area, and County road standards do not require the installation of curb, gutter, and sidewalks along roadways. Drainage facilities in the area are limited and generally not needed due`to the low ` density of development in the project area. Stormtivater runoff from parcels in the project area is normally directed into natural drainages: 8. Potential for surface cracking,.laridslides, and erosion Surface cracking, usually caused-by expansive soils, is not a problem in the project area. The project site is not prone to landslides because it does not contain steep slopes. The soils on the site—decomposed granite—are not generally prone to erosion. 9. Effect on noise, traffic flow and safety, water quality, wildlife habitat and general .environmental quality This rezone to TM-5 could result in the creation of three 6+ acre parcels on the project site, each of which could be developed with a single family dwelling unit. A second dwelling could be developed if environmental health requirements and setback requirements can be met. The resulting residential uses would result in a minor increase in no in the project area, but this increase would not be significant and would be compatible with the other residential uses in the project area. The increase in vehicular traffic would be minor, adding approximately 29 additional vehicular trips to the roads in the area, as well as the added 29 vehicular trips that may be added by permitted second dwelling units. The roads in the project area have the capacity to handle the minor increase in traffic generated by the project. 10. Local desires a ■ Butte County Department of Development Services ■ ■ January 12, 2006 0 Agenda Report - Vanderbeek REZ 04-02 ■ Page 5 of 13 0 3e Due to its rural mountain location, but relatively short drive to Oroville, the Forbestoivn area is very desirable and faces increasing pressure 'for additional residential development. At this time the local desires regarding this rezone project site are not known. This rezone project requires recommendation for approval by the Planning Commission and approval by the Board of Supervisors, both of which will hold public hearings on this project. Local desires would not be fully known until the hearings are held. A public hearing would also be held for any future land divisions on the project site. 11. Potential for pest insect breeding. This rezone project and a subsequent parcel map to create three 6+ acre residential {J parcels on the project site, are not expected to create a potential for pest or insect breeding because residential uses typically do not include improvements that would be conducive to pest or insect breeding. �• The project site was zoned Unclassified (U) on January 6, 1989. The U zone was intended to be a temporary"holding"zone, and the County intended to rezone those parcels zoned U.to a zone more appropriate for the area. This requested rezone to TM-5 may be considered a spot zone. However, the intent of the U zone is to hold property in this zone until a request for an appropriate zone is made which is consistent with the General Plan designation for the area. Section 24-230 (h) (2) states: "Control on land divisions. Any proposed land division of twenty (20) acres or less must first apply for and obtain specific zoning consistent with the general plan or-applicable area or specific plans. " The staff is recommending approval of-the request because the TM-5 zone is consistent with ' parcel sizes:and uses in the area. However, staff.believes that the Planning Commission should_initiate;an area wide zoning to an appropriate TM zone. • . Based'upon_atrip generation rate of 9.57 vehicle trips per day, the project could result in approximately .57 additional vehicular trips per day if each of the proposed parcels is developed with two dwelling units. It should be noted that dwellings in rural areas generally will generate less than 9.57 vehicle trips per day. The roads in the project area have the capacity to handle this minor increase. • The project site is utilized by resident and non-resident deer. In order to protect deer herd movements, a mitigation measure is recommended that requires all new fences meet , California Department of Fish and Game fencing standards. ENVIRONMENTAL REVIEW/CEQA ISSUES: The initial study prepared for this project determined there would be future parcel map environmental impacts to the following areas: Air Quality(dust control during site development activities) • Biological Resources (impacts to deer herd movements, oak tree habitat, and stream habitat) • Cultural Resources (possible disturbance of archaeological resources) • Fire Hazards (extended building setbacks to allow for vegetation clearance) ■ Butte County Department of Development Services ■ 0 January 12, 2006 0 Agenda Report - Vanderbeek REZ 04-02 ■ Page 6 of 13 0 3f s Public Services (interior fire sprinkler systems required in all new residential structures) The initial study, which is attached to this agenda report, recommended six mitigation measures to reduce parcel map environmental impacts to a less than significant level. These mitigation measures are to be applied to any future parcel map on the property. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required because the project has the potential to cause impacts to fish or wildlife or their habitat. The initial study/mitigated negative declaration was sent to the Governor's Office of Planning and Research, State Clearinghouse, for a 30-day review period (SCH # 2005052011). The review period began 5/6/05 and ended 6/5/05. Notices regarding the 30-day review period were mailed to landowners near the project site, and a notice was placed in the Oroville Mercury Register. K:\Planning\PROJECTS\REZ\VANDERBEEK.04-02\Vanderbeek RZ 04-02 Agenda Report current.doc I ' t ■ Butte County Department of Development Services ■ ■ January 12, 2006 0 Agenda Report- Vanderbeek REZ 04-02 0 Page 7 of 13 ■ 3g 5 36 36 T19N RO7E MDB&M 2 ' 6 �6A�d : k. .. . .........F- .........:... ' r i 0-..._ : r... i - _..__.. ■ Butte County Department of Development Services ■ 3h 0 January 12, 2006 0 Agenda Report- Vanderbeek REZ 04-02 ■ Page 8 of 13 ■ . f a f .al t j T of 60 T Vanderbeek :. _ f` R EZ 04-02 Nest side of ,. Forbestown Rd. A-A-' ' : 1 Vanderbeek f'. REZ 04-02 ' . East side of Al Forbestown Rd �. V • ■ Butte County Department of Development Services ■ 0 January 12, 2006 0 Agenda Report - Vanderbeek REZ 04-02 0 Page 9 of 13 0 31 ........... i J 3 ! of 3`a I � I S DTOTW F a 52 ' � s � .Nax � �al. ■ Butte County Department of Development Services ■ 0 January 12, 2006 ■ Agenda Report- Vanderbeek REZ 04-02 0 Page 10 of 13 0 3j RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF REZONE 04-02 WHEREAS, the Planning Commission has considered Rezone 04-02 for Monty Vanderbeek in accordance Chapter 24, Zoning, of the Butte County Code on Assessor's Parcel Number 073-300-027; and WHEREAS, the Planning Commission has considered a Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Rezone 04-02 was referred to various affected public and private agencies, County departments, and referral agencies for review and comment; and WHEREAS, a public hearing was held on January 12, 2006; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division: NOW THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels;'a Mitigated Negative.Declaration is proposed. B. The Planning Commission has considered the proposed Mitigated Negative -1 Declaration, together with comments received during the review process'. C. On the basis of the whole record-'before the Planning Commission; including the Initial Study and any comments received, there is no substantial evidence that the Rezone for Monty A. Vanderbeek, Planning Division File No. RZ 04-02, would have a significant effect on the environment. The custodian of the record is the Butte County Development Services Department. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, with Mitigation Measures 1 through 6, as detailed in the Agenda Report dated January 12, 2006. ' II. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required because the project has the potential to cause impacts to fish or wildlife or their habitat. III. Recommend approval of Rezone 04-02 for Monty A. Vanderbeek,based on the following findings: ■ Butte County Department of Development Services ■ 0 January 12, 2006 0 Agenda Report - Vanderbeek REZ 04-02 ■ Page 11 of 13 0 3k' J C A. The proposed rezoning map is consistent with the following Butte County General Plan Land Use Element Goals and Policies: 3.2.a. Residential densities shall be correlated to soil, slope and other natural site characteristics. 3.2.b. Correlate residential densities to availability of water and sewage disposal and proximity to other public facilities. 3.2.c. Relate residential densities to intensity and compatibility of adjacent uses. 3.2.d. Balance residential densities with traffic-carrying capacities of existing and proposed circulation plans. 7.1.a. Consider fire hazards in all land use and zoning decisions,.environmental review, subdivision review and the provision of public services. B. The rezoning of the project property is consistent with County standards and policies. C. The project is physically suitable for the use and density of the proposed rezoning. D. The rezoning of the project area will not cause public health or safety problems because the project area does not contain any physical characteristics that could cause health or safety concerns. E. The rezoning of the project area will not conflict with easements acquired by the public at large for access through or use of property within the proposed rezone area. N - F. .The project site is not located within an earthquake fault zone or a 100-year flood - a zone. G. The project would not have an impact to any-.aircraft operations because the " project site is not located within an Airport Compatibility Zone. H. Approval of this project will not be detrimental.to the public health, safety, and welfare provided the required conditions and mitigation measures are complied with. I. The project is conditionally consistent with the Agricultural Residential General Plan land use designation because the proposed zone meets eleven zoning factors of the Agricultural Residential designation of the General Plan. J. The project would not cause any impacts to agricultural operations because none are located near the project site. K. The roads in the project area have the capacity to handle the minor increase in vehicular traffic generated by the project. IV. Recommend initiation of a rezone of the area to an appropriate TM zone: DULY PASSED AND ADOPTED this 12th day of January, 2006,by the following vote: AYES: Commissioners NOES: ■ Butte County Department of Development Services ■ ■ January 12, 2006 0 Agenda Report- Vanderbeek REZ 04-02 ■ Page 12 of 13 0 ABSENT: ABSTAIN: FERNANDO MARIN,-Chairman Planning Commission County of Butte, State of California. ATTEST: - LYNN RICHARDSON, Secretary . Planning Commission County of Butte, State of California • a . L . ■ Butte County Department of Development Services ■ m ■ January 12, 2006 0 Agenda Report -Vanderbeek REZ 04-02 ■ Page 13 of 13 ■ 111 Name: Monty A. Vander Beek Project: RZ 04-02 , Planner: Carl Durling APN: 073-300-027 Zoning: "U" Location: on both sides of Forbestown Road, approximately 915 feet north of Bamford Way, approximately 1.8 miles east of Forbestown, east Butte County area. Proposal: Rezone from"U"(Unclassified,20-acre minimum parcel size)to TM-5 (Timber Mountain, 5-acre minimum parcel size). Mr. Durling gave a brief summary of the project. He explained that the"U"zone was adopted as a holding zone and it is expected that the properties will rezone. He said staff is also asking that the Commission initiate an area wide rezone. He submitted a map with the parcels in yellow that are recommended for the area wide rezone. He asked that the area be expanded. Commissioner Leland asked if there is a statute that prohibits spot zoning. Mr. Durling said as long as the County can show that there is no detrimental impact to the public health, safety, or welfare, that there is some policy to base the zoning on, and it is in the public interest to do the rezone, it is not spot zoning. Commissioner Leland said that changing this zone will set a precedent in the area. Vice Chairman Lambert agreed to initiate the area wide rezoning, but felt the action should be separate from the Vander Beek action. She said the initiating of the rezone should be deleted from the Resolution for this project. Mr. Durling said he would like to expand the rezone area from what was marked on the map he submitted. The hearing was opened to the public. George Wasley said he was in favor of the staff report. He agreed that the area rezone should be done separate from this hearing. He was there to answer questions. The hearing was closed and comments confined to the Commission and staff. It was moved by Commissioner Leland, seconded by Commissioner Wilson, and unanimously carried to recommend approval to the Board of Supervisors for the Rezone for Monty A. Vander Beek, adopting Resolution 06-04; deleting IV from the Resolution that reads "IV. Recommend initiation of a rezone of the area to an appropriate TM zone." It was moved by Commissioner Leland,seconded by Commissioner Marin,and unanimously carried to initiate an area rezone as shown on Exhibit.D include any other area that may be appropriate. There is a 10-day appeal period on all decisions with the Clerk of the Board i BUTTE COUNTY PLANNING.COMMISSION ■.MINUTES JANUARY 12, 2006 ■ PAGE 7 ■ 4: r 0 x%317 O G C p • s • DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR REZ 04-02 (MONTY A. VANDERBEEK) 4 • . Project Name: Vanderbeek Rezone,File#REZ 04-02 COUNTY OF BUTTE DEPARTMENT OFIDEVELOPMENT SERVICES INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR REZONE 04-02 (MONTY A. VANDERBEEK) 1.0 • PROJECT INFORMATION A. Applicant/Owner: Monty A. Vanderbeek B. Staff Contact: Stephen Betts(530)538-7153 C. Project Name: N/A , D. Proiect Location: On both sides of Forbestown Road, approximately.915 feet north of Bamford Way, approximately 1.8 miles east of Forbestown,east Butte County area. E. Type of Application(s): Rezone , F. Assessor's Parcel Number: 073-300-027 G. Proiect Site Size: 18.9±acres H. Current Zoning: U(Unclassified,20-acre minimum parcel size) I. General Plan Designation: Agricultural Residential J. Environmental Setting: The project site is located in an unincorporated area in the eastern portion of Butte County, east of the small rural community of Forbestown. It is located approximately 24 miles east of Oroville in a rural lower mountain setting. The project parcel is split by Forbestown Road, with approximately 7 acres of the paicel on the west side of Forbestown Road and approximately 12 acres on the east side. This section of Forbestown Road has very little vehicular traffic on it. Land uses on the surrounding parcels are single family dwellings on parcels approximately five acres in size and timber harvesting. The undeveloped site has gentle topography, with the steepest slopes being approximately 10%. The elevation of the property is approximately 2,320 to 2,400 feet above sea level. Vegetation on the site includes Ponderosa pine, Douglas fir, incense cedar, tanoak, manzanita, buckbrush, poison oak, ferns, berry shrubs, grasses, and wildflowers. No natural drainages occur on the site,but the Oroville Wyandotte Canal is found on the site west of and following Forbestown Road. The project site is not within a 100- year flood zone,an earthquake zone,or an airport overflight zone. .,K. Surrounding Land Uses: Direction General Plan Designation Zoning Existing Land Use(s) North Agricultural Residential Unclassified Timber land South Agricultural Residential Unclassified Rural residential East Agricultural Residential Unclassified Rural residential West Agricultural Residential Unclassified Rural residential L. Proiect Description: This project is a request to rezone the 18.9± acre parcel from U (Unclassified, 20-acre minimum parcel size)to TM-5 (Timber Mountain, 5-acre minimum parcel size). With this rezone, and upon approval of a subsequent parcel map, the project site could be divided into three parcels for single family residential use. The future parcel map on the project is expected to create one 7± acre parcel on the west side of Forbestown Road and two 6± acre parcels on the east side of Forbestown Road. Sewage disposal for future dwellings on the site would be provided by individual, on-site septic systems. Domestic water would be obtained from the South Yubi Water Company. Access to the future parcels on the site would be from Forbestown Road, which is a public road: Up to six dwelling units could be placed on the project site (three primary dwellings and three second dwelling units.)with approval of a 3-parcel Parcel Map. ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 1 of 29 ■ Project Name: Vanderbeek Rezone,File#REZ 04-02 M. Public Agency Approvals: Butte County Planning Division Butte County Building Division Butte County Fire Deparhmnt/CDF Butte County'Environmental Health Division Butte County Public Works Department 2.0 ' DETERNIINATION ,Y [ ] I find that the proposed project COULD NOT have a significant effect on the environment, and .a NEGATIVE DECLARATION will be prepared. [X] I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ' [_ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment,but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. I:[ ] I find that although the proposed project could have a significant effect on the environment,'because all potentially significant effects-(a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and(b)have been avoided or mitigated pursuant to that Z earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon t e sed roject,nothing further is required. Prepa ed by: Steph 'n B tts,-Spmor P er Date Re ewed by: Winne C to her,Dir. of Development Services Date 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact"as indicated by the checklist on the following pages. [ ]4.1 Aesthetics •[ ] 4.2 Agriculture Resources [X] 4.3 Air Quality [X] 4.4 Biological Resources [X] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [X] 4.7 Hazards/Hazardous Material [ ] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use [ ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing [X] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [ ] 4.17 Mandatory Findings of Significance ■Butte County Department of Development Services ■ ■ Initial Study—Vanderbeek Rezone 04-02 ■Page 2 of 29 ■ • Project Name: Vanderbeek Rezone,File#UZ 04-02 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETIC/VISUAL RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including,but not limited to,trees,rock outcroppings,and historic X buildings within a state scenic highway? c. Substantially degrade the existing visual character or X quality of the site and its surroundings? d. Create a new source of substantial light or glare which would adversely affect day or nighttime views X in the area? Impact Discussion: The project site is located on Forbestown Road, which is not designated as a State or County scenic highway(Butte County Scenic Highway Map). Scenic views are not visible from the site. This project would not significantly impact a scenic vista. The project site consists of an undeveloped property with tall pines and an extensive understory of brush. This rezone project could ultimately result in three 6+ acre residential parcels on the project site. Future-residential development on the site would introduce new visual elements, such as dwellings, accessory structures, and lighting, which would change existing off-site views. The site is vegetated with trees and brush to the extent that the future homes would generally be screened from view by the vegetation. Homes would not be readily visible to the traveling public on Forbestown Road. The future homes on the project site would have normal exterior household lighting for security and safety purposes. These exterior lights are not expected to create any significant impacts due to the low number of lights that would be utilized. There are no street lights on Forbestown Road and street lighting would not be required for any land divisions on the project site. Residential development of the site would be consistent with surrounding and nearby parcels. No substantial conflicts with the established character or function of the surrounding'community are anticipated. Construction of a typical residential project causes short-term visual impacts. Grading operations and construction activities create a visual impact,and construction debris,rubbish and trash can accumulate on construction sites and pare unsightly if visible from public streets. The completion of the project improvements would eliminate the short- term visual impacts of the grading and construction operations. Mitigation Measure: None required. 4.2 AGRICULTURE RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland,Unique Farmland,or Farmland of Statewide Importance(Farmland),as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the X Califomia Resources Agency, to non-agricultural use? ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02■Page 3 of 29■ Project Name: Vanderbeek Rezone,File#REZ 04-02 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated b. Conflict with existing zoning for agricultural use,or X a Williamson Act Contract? c. Involve other changes in the existing environment which,due to their location or nature,could result in X conversion of Farmland,to non-agricultural use? Impact Discussion: The project site is designated Agricultural Residential by the Butte County General Plan, which lists agricultural uses as a Primary Use. The project site is zoned Unclassified(U),which allows agricultural uses by right. The requested TM-5 zoning also permits agricultural uses. Soils on the project site have a Soil Conservation Service classification of IV,.which are not prime agricultural soils and have limitations that make them general adequate only for livestock grazing and timber production. The property is covered with extensive brush and is not currently used for cultivated crop production or livestock grazing, nor does it appear to have ever been utilized for agricultural uses (other than timber harvesting). None of the adjacent land is utilized for agriculture and the project site is not designated as Prime or Unique Farmland, or Farmland of Statewide Importance (California Resource Agency). The project site is not within 300 feet of any parcel zoned Agricultural(A-5 through A-160)or any parcel that has a General Plan designation of Orchard and Field Crops or Grazing and Open Land. The project parcel and the surrounding parcels are not subject to a California Land Conservation Act agreement("Williamson Act"). As a part of the processing of this project, comments were sought from the Butte County Agricultural Commissioner's office. The Agricultural Commissioner's office stated that the project would not have any impacts to agricultural lands or operations. Mitigation Measure: None required. 4.3 Am QUALITY: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the X applicable air quality plan? b. Violate any air quality standard or contribute substantially to an existing or projected air quality X violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient X air quality standard(including releasing emissions which exceed quantitative thresholds for ozoneprecursors)? d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting a substantial number of people? X Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic.areas are designated "attainment" if these standards are met and "nonattainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the state standards for ozone and fine ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02■Page 4 of 29■ Project Name: Vanderbeek Rezone,File#REZ 04-02 particulate matter (PMio). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. This rezone project could ultimately result in up to three 6+ acre residential parcels on the project site. Future residential development of the project site would result in a cumulative impact on air quality created by the increase in vehicle traffic,the potential use of wood burning devices in the new residences, and dust from vehicular traffic on unpaved driveways on the site. The additional vehicle traffic is not anticipated to be significant because,only three parcels (a net increate of two parcels) would be allowed under the requested TM-5 zone. The future three lots are well below the level determined to be significant by the,Butte County Air Quality Management District for additional air-quality analysis(1997 Air Quality Attainment Plan). The air quality impact of additional wood stoves is addressed through existing building code requirements calling for wood stove and fireplace inserts installed in any home to be EPA approved and designed to meet emissions standards of the California Clean Air Act of 1988 as amended. Future residential development on the site may create fugitive dust emission during site development activities,such as grading, excavation for foundations and utilities, driveway construction, and other soil work. The Butte County Air Quality Management District.recommends incorporating measures to control fugitive dust emission for all road and other construction activities during project development, using such methods as site and driveway watering w and/or use of other acceptable soil palliatives. To ensure that fugitive dust emissions resulting from future development on the site do not create any significant impact,Mitigation Measure# 1 is recommended that requires a note to be placed on future parcel/subdivision maps that address this potential impact. Mitigation Measure # 1: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s),hoses,and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. c. Water shall be applied to disturbed areas'a minimum of two(2)times per day or more as necessary. d. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200& 205(Nuisance and Fugitive Dust Emissions). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways,unless conditions warrant a greater frequency." Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet: This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Planning Division and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department of Development Services shall ensure that this note is placed on all building and site development plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. ■Butte County Department of Development Services ■ ' 10 ■Initial Study—,Vanderbeek Rezone 04-02 ■Page 5 of 29 ■ Project Name: Vanderbeek Rezone,File#REZ 04-02 4.4 BIOLOGICAL RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated • r a. Have a substantial adverse effect,either directly or through habitat modifications,on any species identified as a candidate,sensitive,or special status X " species in local or regional plans,policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,policies, X regulations or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act(including,but not limited to,marsh, X vernal pool,coastal,etc.)through direct removal, filling,hydrological interruption,or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory . X wildlife corridors,or impede the use of native wildlife nursery sites? e. •Conflict with any local policies or ordinances protecting biological resources such as a tree X reservation policy ordinance? L Conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation X Plan,or other approved local,regional,or state habitat conservationplan? g. A reduction in the numbers,a restriction in the range, or an impact to the critical habitat of any unique,rare, X threatened,or endangered species of animals? h. A reduction in the diversity or numbers of animals ' onsite(including mammals,birds,reptiles, X amphibians,fish or invertebrates)? i. A deterioration of existing fish or wildlife habitat(for X foraging,breeding,roosting,nesting,etc.)? j. Introduction of barriers to movement of any resident X or migratory fish or wildlife species? k. Introduction of any factors(light,fencing,noise, human presence and/or domestic animals)which could X hinder the normal activities of wildlife? Impact Discussion: The project site is located in Ponderosa Pine and Montane Hardwood-Conifer vegetation habitats. Typical tree associates include ponderosa pine, white fir, incense-cedar, Coulter pine, Jeffrey pine, sugar pine, Douglas-fir,canyon live oak, Oregon white oak, and tan-bark oak. Associated shrubs include manzanita, ceanothus (buckbrush), mountain-misery, Pacific dogwood, hairy yerba-santa, yellowleaf silktassel, bitter cherry, California buckthorn, poison-oak, and Sierra gooseberry. Grasses and forbs include slimleaf brome, Orcutt brome, Carex, ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezore 04-02 m Page 6 of 29 ■ Project Name: Vanderbeek Rezone,File#REZ 04-02 smallflower melicgrass, bluegrass, bottlebrush squirreltail, bedstraw, bracken fern, bush morning-glory, rhomboid clarkia, Child's blue-eyed mary, shrubby eriastrum, splendid gilia, Sierra iris, whisker-brush, Inyo bush lupine, summer lupine,purple nightshade,streptanthus,gooseroot violet,and wild iris. Bird species that may be found in these habitats include spotted owl, pgmy owl, woodpeckers, western flycatcher, Steller jay, chestnut-backed and mountain chickadee, golden-crowned kinglet, Hutton's vireo, solitary vireo, hermit warbler, robin, and varied thrush. Mammals that may be found include black bear, mule deer, mountain lion, bobcat,mountain coyote,deer mouse,Douglas'squirrel,golden mantel squirrel,chipmunk, gray squirrel,porcupine, Trowbridge's shrew, and shrew-mole. Some small quantities of riparian vegetation are found along the OWID water canal on the site. The site does not contain any natural drainages, wetlands or vernal pools. The project site is not located in any wildlife conservation areas identified in,the Butte County General Plan. The soils and native vegetation on the project site has been extensively modified due to timber harvesting, fire, and/or other vegetation-clearing operations conducted on the project site. Large amounts of the project site consist of heavy brush. Many species of plants and animals within the State of California have low populations, limited distributions, or both. Such species may be considered"rare"and are vulnerable to extirpation as the state's human population grows and the habitats these species occupy are converted to agricultural and urban uses. A sizable number of native species and animals have been formally designated as threatened or endangered under State and Federal endangered species legislation. Others have been designated as "Candidates"for such listing; still others have been designated as"Species of Special Concern" by the California Department of Fish and Game (CDFG). The California Native Plant Society (CNPS)has developed its own set of lists of native plants considered rare,threatened or endangered. Collectively,these plants and animals are referred to as"special status species." The California Natural Diversity Database (CNDDB Rarefind 2, Government Version, Jan-02-2003) was reviewed to determine if any special status species or habitats occur on the project site or in the project area. The CNDDB showed no occurrences of any special status species on the project site or in the project area. It is expected that some of the evergreen conifers on the project site could be affected by the ultimate development of this site. Typical of this area, homeowners try to retain as many trees as possible but there is no County ordinance to do so. Removal of conifers on the property would not be significant as these trees are in abundance throughout the upper elevations of Butte County. Three-Acre Conversion Permits are required to be obtained from the California Department of Forestry and Fire Prevention for the removal of any conifers due to home construction. There are numerous tan oak shrubs on the site. However, tanoak is not a true oak and is found extensively throughout the upper elevations of Butte County the Sierra Nevada,Cascade,and Coast Ranges. The project site is located in winter range for the Mooretown Deer Herd (Butte County Deer Herd GIS coverage), but is also located in a California Department of Fish and Game Designated Development Zone (DDZ). While development may have impacts to winter deer range habitat the Department of Fish and Game has identified this area as suitable for additional development because the existing parcels sizes have already compromised the area for useable deer habitat. The Department of Fish and Game does not oppose additional development provided certain mitigation measures are included as part of any development. Future development on the site could result in a significant impact to deer movements. The 1984 Report of the Butte County Deer Herd Study Panel recommends that fences in non-residential areas meet specific criteria in order to prevent barriers to deer movements on and off a property. The Report of the Butte County Deer Herd Study Panel also stipulates that deer impact fees be collected. To ensure that impacts to deer movement are minimized, future development on the project site would be conditioned to require non-residential fencing meet certain standards and that deer herd impact fees be collected. This project will have an impact to fish and/or wildlife due to impacts to deer herd movements. The payment of fees under Public Resources Code Section 21089 and as defined by Fish and Game Code Section 711.4 is required. These fees are payable by the project applicant upon filing of the Notice of Determination by the County. The proposal would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, local policies or ordinances protecting.biological resources, or other approved local,.regional, or state habitat conservation plan as there are no adopted plans affecting the project site. ■Butte County Department of Development Services ■ 12 ■Initial Study—Vandeibeek Rezone 04-02 ■Page 7 of 29■ Project Name: Vanderbeek Rezone,File#REZ 04-02 Mitigation Measure # 2: The following note shall be placed on a separate document which is to be recorded concurrently with any ftiture parcel or subdivision map on the project site or on an additional map sheet: "Fencing for areas other than residential areas shall be limited to a maximum of five(5) wire strands. The lowest strand shall be at least sixteen(16)inches above the ground and the upper strand shall be no higher than forty-eight(48) inches above the ground." Plan Requirements: The above note shall be placed on separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: The note shall be reviewed prior to recordation of future maps approved on the project site. Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building Division shall ensure that the note is placed on all building and site development plans. Building inspectors shall spot check;and Building shall ensure compliance on-site. Mitigation Measure # 3: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "At the time of building permit application,pay the applicable Deer Herd Impact fee(s)currently in effect." Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Timing: The required fee shall be paid at time of building permit issuance, if adopted or in force at the time of application. Monitoring: The Department of Public Works and the Planning Division shall ensure that the required note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet the map. The Building Division shall collect the fees at the time of building permit issuance if the County adopts the fees. I I 4.5 CULTURAL RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document. Incorporated a. Cause a substantial adverse change in the significance X ' of a historical resource as defined in§15064.5? b. Cause a substantial adverse change in the significance of X an archaeological resource pursuant to§15064.5?, c. Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d. Disturb any human remains,including those interred outside of formal cemeteries? X Impact Discussion: Cultural resources include prehistoric and historic period archaeological sites; historical features,such as rock walls, water ditches and flumes,and cemeteries; and architectural features. Cultural resources consist of any human-made site, object(i.e., artifact), or feature that defines and illuminates our past. According to Butte County constraints mapping, the project site is located in an area considered to have a low to moderate archeological sensitivity. Often cultural resources are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of water. The project site is located in the lower portions of the Sierra Nevada Mountain Range and could have been utilized in historic or prehistoric times. The project site does not contain any rock outcroppings that could have been utilized for shelter or rock mortar milling stations. ■Butte County Department of Development Services ■ 13 ■Initial Study—Vanderbeek Rezone 04-02 ■Page 8 of 29■ Project Name: Vanderbeek Rezone,AleREZ 04-02 The project site is not developed with any buildings,but the Oroville Wyandotte Canal, which parallels Forbestown` Road, is located on the site. A dirt maintenance road is located adjacent to the canal. The Oroville Wyandotte Canal, which is an open, unlined ditch, was built numerous years ago and may be considered a significant cultural resource as defined by CEQA. There is one small bridge crossing of.ihe canal on the project site, which is made of wood and appears to have been there for some time. The South Feather Water and Power Agency(SFWPA) has an easement for the canal and would not allow any disturbance of the canal itself. Development on the west side of the canal would most likely require either replacement of the existing bridge or construction of a new bridge. The existing bridge does not appear to be a significant cultural resource as defined by CEQA because it not represent a unique type of construction and is not associated with any important individual or a significant historical event. This rezone project,and any subsequent parcel map on the project site,is not expected to create any significant impacts to the canal. Based upon' the above information and the local topography, it appears.that the project is located in an area considered to be extremely sensitive for prehistoric,protohistoric, and historic cultural resources. Grading and other soil disturbance activities on the project site in relation to future residential development of the site have the potential to uncover historic or prehistoric cultural resources. To prevent impacts to historic or prehistoric cultural resources that may be uncovered during development activities on the project site, Mitigation Measure # 4 is recommended that requires all construction activity halt and the county Planning Division and a professional archaeologist be consulted to evaluate the find(s). Mitigation Measure # 4: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: -"Should development activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris,cans,glass,etc.;structural remains;human skeletal remains),work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an r archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law,to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction activities. Monitoring: The Department of Public Works and the Planning Division shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building Division shall ensure the note is placed on all building and site development plans. Should cultural resources be discovered,the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. ■Butte County Department of Development Services■ 14 ■Initial Study—Vanderbeek Rezone 04-02■Page 9 of 29 ■ Project Name: Vanderbeek Rezone,File#REZ 04-02 4.6 GEOLOGIC PROCESSES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial -'adverse effects,including the risk of loss,injury,or death involving: 1. Rupture of a known earthquake fault,as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the X State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic-related ground failure,including X liquefaction? 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable,or ' that would become unstable as a result of the project, X and potentially result in on-or off-site landslide,lateral spreading,subsidence,liquefaction or collapse? d. Be located on expansive soil,as defined in Table 18-1- B of the Uniform Building Code(1994),creating X substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal X system where sewers are not available for the disposal or waste water? Impact Discussion: The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The site is not within an Alquist-Priolo Earthquake fault . zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault, located approximately 12 miles from the project site, where activity on August 1, 1975 resulted in the Oroville earthquake. This earthquake had a Richter magnitude of 5.7 and resulted in approximately 2.2 miles of ground rupture along the western flank of Cleveland Hill. In the northwest comer of Butte County near Chico there are a series of short, north-northwest trending faults similar to the Cleveland Hill fault. These faults appear to be an extension of the Bear Mountain Fault or Foothills Shear Zone. Minor seismic activity has occurred in the area of these short faults; however, other geologic evidence indicates these faults are not active(Butte County General Plan 1977). The Butte County GIS Fault Lines theme shows that a possible fault with, activity unknown is located approximately 0.65 miles to the east of the project site. This potential fault has not experienced any known movement during historical times. No impacts are anticipated since no rupture of a known earthquake fault exists in the project area. The 80-mile-long Midland-Sweitzer fault is located approximately 50 miles southwest of the project site. This fault is considered active and has caused historic earthquakes of Richter magnitudes 6 to 6.9 in the area in 1892. There is some speculation as to the exact location of the historic earthquake epicenters and some question if they actually occurred on the Midland-Sweitzer fault(Butte County, 1977). Approximately 5 miles west of Butte County there is a north trending fault system known as the Willows fault. This fault is approximately 40 miles long and displaces Cretaceous sediment in the Sacramento Valley. It does not appeanto displace surface sediment and has been mapped principally by geophysical methods. However,there have been enough historical seismic events in the vicinity of this fault to conclude that it should be considered potentially active(Butte County General Plan 1977). ■Butte County Department of Development Services ■ 15 ■Initial Study—Vanderbeek Rezone 04-02 ■Page 10 of 29■ Project Name: Vanderbeek Rezone,File#REZ 04-02 Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future . time. Accordingly, all buildings, pipes, light poles, roadways, and other improvements would be designed and installed in accordance with Uniform Building requirements. Because the project site appears to be located such that the probability of significant groundshaking is low, and because the future structures on the project site would be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard Zone,potential geologic impacts would be less than significant. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a low potential for liquefaction. The impact would be less than significant. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is a moderate potential for landslides in this area. The lack of steep slopes on the project site and on the surrounding parcels would not put the project site at risk of a landslide. Grading standards required to be met for the issuance of a building permit would reduce any potential.impact. The soil erosion potential for the project site is moderate,-according to Butte County General Plan GIS data. The soils on the project site—decomposed granite - are not prone to soil erosion. The project site contains very gentle . slopes that generally would not be at risk of significant erosion. Large amounts of grading associated with future residential development on the site are not expected due to the gentle slopes on the site and due to the low density of development. Additionally, the use of.standard construction techniques would prevent any significant erosion occurring from the site. Soil tests may be required prior to the issuance of building permits on the site to determine the expansiveness of the soil. The Butte County Building Division may require that the foundations of future dwelling on the site be designed and constructed to handle the shrink/swell characteristics of expansive,soils. Standard grading and foundation design would reduce any potential impacts. Sewage disposal for future dwellings on the site would be handled by individual,on-site septic systems. The soils on the project site are generally adequate for septic systems. The Environmental Health Division does not object to the use of septic systems on the project site and did not recommend any conditions with regards to this rezone project. Future land divisions on the project site would require that adequate soil meeting the sewage disposal requirements of Appendix VII of the Butte County Improvement Standards be proven to exist on all proposed parcels. This may require soil tests. Six acre parcels are generally large enough to contain a septic system, replacement leachfield area, and a well. The Butte County Environmental Health Division, prior to the submittal of a parcel/subdivision map on the project site, may require extensive soil testing to prove that there is adequate soil on each proposed parcel. All new septic systems on the project site must be installed under permit from the Butte County Environmental Health Division. Mitigation Measure: None required. 4. 7 HAZARDS AND HAZARDOUS MATERIALS: Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use,or X disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and X accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials,substances,or waste within one- X quarter mile of an existing or proposed schools? ■ Butte County Department of Development Services ■ 16 ■Initial Study—Vanderbeek Rezone 04-02 ■Page 11 of 29 ■ Project Name: Vanderbeek Rezone,File#REZ 04-02 Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and,as a result, X would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport,would the X project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people X residing or working-in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency X evacuationplan? It. Expose people or structures to a significant risk or loss, injury or death involving wildland fires,including X where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Impact Discussion: The project site is not located on a site which is included on a list of hazardous materials sites 'complied pursuant to Government Code Section 65962.5 (Cortese List) and is not near any listed sites or sites known or suspected to contain hazardous materials. The project does not involve the use of hazardous materials and would not create any hazardous materials. No impact is anticipated. 'The property is not located within the vicinity of an airport, airport land-use plan, or private airstrip, and does not interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated. The project is located within a State Responsibility Area(SRA)for wildland fires and construction of homes in this area makes fighting wildland fires more difficult because fire resources must protect structures before wildlands. The nearest staffed fire station is Station # 54 (CDF staffed) located approximately 6.3 miles to the southwest at „;. Robinson Mills. Volunteer station#53 is located approximately 10.5 miles away in Clipper Mills. The Butte County Fire Department/California Department of Forestry and Fire Prevention reviewed the project and did not have any specific recommendation with regard to the rezone request. Public Resources Code (PRC) 4290 requires that there be a minimum 100-foot defensible space around all structures located on a parcel within the SRA. Because of this 100-foot fuel reduction requirement,the 10-foot side and rear yard building setbacks of the proposed TM-5 zone are not adequate. Property owners placing structures within 10 feet of a property line would be restricted from clearing or reducing vegetation on the adjacent parcel. To allow property owners to have control over fuel reduction around the structures on their property,Mitigation Measure#5 is recommended that requires all new structures on the site to meet the requirements of PRC-4290 4291. The Butte County Fire Department/California Department of Forestry and Fire Prevention reviews all building permits for compliance with PRC 4290 and 4291 and would ensure that no structures are placed within 100 feet of property lines to allow for the required defensible space. CDF, through routine inspection, is the responsible agency for ensuring that vegetation within 100 feet of structures is removed or reduced so as not to cause any significant impacts. ■Butte County Department of Development Services ■ 17 ■ Initial Study—Vanderbeek Rezone 04-02 ■Page 12 of 29 ■ Project Name: Vanderbeek Rezone,File#REZ 04-02 Mitigation Measure # 5: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "The building setback from all property lines shall comply with the requirements of Public Resources Code 4290 and 4291 (Fire Safe Regulations)." Plan Requirements: The above note shall be placed on a separate document which is to be recorded concutTently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition. Monitoring: The Public Works Department and the Butte County Fire Department/CDF shall ensure'that the note is placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet. The Butte County Fire Department/CDF will review all of building and site plans for compliance with PRC 4290 and 4291. The Building Division and the Planning Division shall check building and site plans for compliance prior to issuance of a building permit. Building inspectors shall ensure compliance.by conducting an on-site inspection prior to the Parcel inspection. 4.8 HYDROLOGY AND WATER QUALITY: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. . Violate any water quality standards or waste discharge X re uirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g.,the production X rate of preexisting nearby wells would drop to a level Which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course X of a stream or river,in a manner which would result in substantial erosion or siltation on-or off-site? d. Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a stream or river,or substantially increase the rate or X amount of surface runoff in a manner which would result in flooding on-or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage X systems or provide substantial additional sources of polluted runoff? L Otherwise substantially degrade waterquality? X g. Place housing within a 100-year flood hazard area as mapped by Federal Flood Hazard Boundary,Flood X Insurance Rate Map,or other flood hazard delineation map? h. Place within a 100-year flood hazard area structures X which would impede or redirect flood flows? ■Butte County Department of Development Services ■ 18 ■Initial Study—Vanderbeek Rezone 04-02 ■Page 13 of 29■ • Project Name: Vanderbeek Rezone,File#REZ 04-02 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated i. Expose people or structures to a significant risk or loss, injury,or death involving flooding,including flooding as X a result of the failure of a levee or dam? It j. Inundation by seiche,tsunami,or mudflow? X . _Impact Discussion: Domestic water for future residential development on the site would be obtained from the South Yuba Water Company. Wells may be placed on the project site for irrigation uses. In the Forbestown area, sufficient quantities of domestic water are usually obtained from deep auriferous gravel beds, and wells may have to be drilled up to and greater than 500 feet. The project is not expected to result in a significant reduction in ground water- supplies in the project area. Future residential development on the project site would ultimately result in the creation of new impervious surfaces, such as dwellings, accessory structures, and driveways. While the amount of impervious surface area relative to 6+ acre parcels is generally small and the amount of runoff is expected to be minimal, future land . divisions on the site may require that a storm water drainage plan be approved by the Public Works Department. Additionally, a Construction Storm Water Permit will be required by the State Water Resources Control Board if any development on the site results in a disturbance (including clearing, excavation, filling, and grading) of one (1) or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. Development of the project site with three 6+ acre parcels may not trigger the need for the Storm Water Permit. There are no natural drainages on the project site. The Oroville Wyandotte Canal (also know as the Forbestown Ditch), which is owned by the South Feather Water and Power District(formerly OWID), is located on the site (on the west side of Forbestown Road). No impacts are expected to occur to the Oroville Wyandotte Canal because the South Feather Water and Power District owns the easement that the canal lies in and strictly controls access to and across the canal. The existing bridge across the canal may be demolished and a new bridge constructed in order to provide vehicular access to the area on the west side of the canal. The project site is not located within a 100-year flood zone or 500-year flood zone as shown on Butte County GIS maps, which are based on Federal Emergency Management Agency Flood Insurance Rate Map 06007C-0875C, dated June 8, 1998. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact would.occur with respect to these natural hazards. Mitigation Measure: None required. s ■Butte County Department of Development Services■ ■ Initial Study—Vanderbeek Rezone 04-02 ■Page 14 of 29 ■ Project Name: Vanderbeek Rezone,File#REZ 04-02 4.9 LAND USE: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide an established community? X b. Conflict with an applicable land use plan,policy,or regulations of an agency with jurisdiction over the project(including,but not limited to,the general X plan,specific plan,local coastal program,or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation X plan or natural community conservation plan? Impact Discussion: The property is designated as Agricultural Residential in the Butte County General Plan Land Use Element. Consistent zones listed for this designation are A-20,A-40,TM-20,TM-40,FR-20,FR-40, and C-F. Conditionally consistent zones are A-5, A-10, TM-1 thru TM-10; FR-2 thru FR-10, SR-1, AR-2.5, RT-lA, and PUD. The Agricultural Residential designation calls for a minimum parcel size of 1 to 40 acres, with one single- family dwelling per parcel. The rezone from U to TM-5 would result in the potential for the creation of three 6+acre single family residential parcels on the project site. The potential 6-acre lots would be generally consistent with the other parcels in the area which range in size from 0.75 to 75 acres,with the majority of these parcels being approximately five acres in size. The Agricultural-Residential General Plan land use designation states that a consistent parcel size is 20 acres or greater in size,but does allow for a parcel size of.less than five acres if five conditionally consistent criteria can be met. These five criteria and a response to each one are: 1. Compatible with neighboring agricultural activities. The project site isnot located in an agricultural area. No agricultural uses, other than timber harvesting, are established on any of the parcels that surround the project site. The project site is not adjacent to lands that have a General Plan land use designations of Orchard and Field Crops or Grazing and Open Lands. The Butte County Agricultural Commissioner stated that the project would not impact any agricultural operations. The project will not create any impacts to agricultural activities. 2. Evidence of adequate water and sewage disposal capacity. a Domestic water is proposed to be obtained from the South Yuba Water Company. Usable sewage disposal areas as required by Appendix VII of the Butte County Subdivision Ordinance have not been proved to exist . on the site. However, the soils on the project site are generally suitable for on-site sewage disposal systems. It is expected that there is adequate soil for a septic system on each of the three 6+ acre parcels that could ultimately be created as a result of this rezone project. 3. Availability of adequate fire protection facilities. The nearest staffed fire station is Station # 54 (CDF staffed) located approximately 6.3 miles to the southwest at Robinson Mills. Volunteer station #53 is located approximately 10.5 miles away in Clipper Mills.*All new dwellings placed on the project site would be required to have interior fire sprinkler systems to help reduce impacts to fire protection services. A fire hydrant is located approximately 425 feet to the southwest of the project site. 4. Adequately maintained approved road access with sufficient capacity to service area. The project site fronts on Forbestown Road, which is a public road. Forbestown Road along the project site is chip sealed and is of adequate width to provide for two-way traffic. Forbestown Road is a through road, and connects to LaPorte Road to the south (in.Yuba County). A portion of Forbestown Road south of ■Butte County Department of Development Services ■ 20 ■Initial Study—Vanderbeek Rezone 04-02 ■Page 15 of 29 ■ Project Name: Vanderbeek Rezone,File PREZ 04-02 the project site is dirt/gravel but appears to be traversable year-round. Forbestown Road along the project site carries only local traffic and has a very low vehicle count. A future parcel map on the project site that would create three 6+ acre parcels has the potential to create approximately 29 vehicle trips per day, although it is expected the actual number of vehicle trips would be must less.due to the rural location of the project site. 5. Reasonable accessibility to commercial services and schools. A K-8 school is located in the community of Challenge, approximately six miles to the south of the project site. High schools are located in the Marysville, located approximately 40 miles to the south of the project site. School bus service is provided to these schools. Small general stores are located in Forbestown and Challenge. Extensive commercial services are located in Oroville, approximately 24 miles from the project site. Based upon the above responses, the project can be considered to be conditionally consistent with the Agricultural - Residential General Plan land use designation. The Agricultural Residential General Plan land use designation lists eleven zoning factors that must be considered when determining the appropriate zoning district for a particular area. The zoning factors, along with staff's response,are: • Existing parcel sizes and residential densities Surrounding and nearby parcels range in size from 0.75 to 80 acres. There are,twelve parcels to the south of the site that range in size from 3.3 to 5 acres. The parcels to the north range in size from 0.75 to 10 acres. The parcel to the east of the site is 14+ acres, while the parcel to the west is 80 acres. Land uses on the surrounding is primarily single family dwellings, with some timber harvesting. The requested TM-5 zone would be consistent with most of the surrounding and nearby parcel sizes and land uses. • Slope The site has an average slope of approximately 3%, with the steepest slope being approximately 10%. The lack of steep slopes on the site would not hinder residential development on the three future parcels that may be created on the project site as a result of this rezone.project. • Soil conditions and water availability The soils on the project site are generally adequate for individual, on-site septic systems. The site does not contain any wetlands or vernal pools, and does not appear to be subject to high groundwater levels. Domestic water for any future dwellings on the site would be obtained from the South Yuba Water Company. Well water may be utilized for irrigation purposes. • Effects on adjacent uses, crop production,.livestock grazing, forestry, resources extraction, and wildlife habitat This rezone to TM-5 could result in the creation of three 6+acre parcels on the project site, each of which could be developed with a single family dwelling unit: No agricultural uses, other than some timber harvesting, is found on the surrounding parcels. No mineral resources are extracted from any of the surrounding parcels. The project site does not contain any critical animal habitat. • Proximity to public roads and other public facilities. = The project site fronts on Forbestown Road, which is a public road. A K-8 public school is located in the community of Challenge, approximately six miles from the project site. A post office is located in nearby Forbestown. No other public facilities exist in the project area. • Distance from airports,railroads and.industrial uses. No airports, railroads, or industrial uses are located in the project area. These types of uses would not have any impact to future residents on the project site. • Existing utilities,walkways and drainage facilities. Electrical and telephone lines are located on Forbestown Road and can easily be extended to the project site. Piped natural gas service is not available in the Forbestown area, and many homeowners utilize ■Butte County Department of Development Services■ 21 ■ Initial Study—Vanderbeek Rezone 04-02 ■Page 16 of 29■ Project Name: Vanderbeek Rezone,File REZ 04-02 propane. Domestic water can be obtained from the South Yuba Water Company. The project site is located in a rural area, and County road standards do not require the installation of curb, gutter, and sidewalks along roadways. Drainage facilities in,the area are limited and generally not needed due to the ` low density of development in the project area. Stormwater runoff from parcels in the project area is normally directed into natural drainages. • Potential for surface cracking, landslides,and erosion Surface cracking, usually caused by expansive soils, is not a problem in the project area. The project site is not prone to landslides because it does not contain any slopes. The soils on the site — decomposed granite—are not generally prone to erosion. • Effect on noise,traffic flow and safety,water quality,wildlife habitat and general environmental quality This rezone to TM-5 could result in the creation of three 6+acre parcels on the project site, each of which could be developed with a single family dwelling unit. The resulting residential uses would result in a minor increase in noise in the project area, but this increase 'would not be significant and would be compatible with the other residential uses in the project area. The increase in vehicle in vehicular traffic would be minor, adding approximately 29 additional vehicular trips to the roads in the area. The roads in the project area have the capacity to handle the minor increase in traffic generated by the project. • Local desires Due to its rural mountain location, but relatively short drive to Oroville, the Forbestown area is very desirable and faces increasing pressure for additional residential development. At this time the local desires regarding this rezone project site is not known. It is possible that adjoining property owners would be opposed to any project that results in land divisions on the project site. This rezone project requires approval by both.the Planning Commission and the Board of Supervisors, both of which will hold public hearings on this project. Local desires would not be known until the hearings are held. Public hearings would also be held for any future land divisions on the project site. • Potential for pest insect breeding. This rezone project, and a subsequent parcel map to create three 6+ acre residential parcels on the project site, are not expected to create a potential for pest or insect breeding because residential uses typically do not include improvements that would be conducive to pest or insect breeding. The property is not within a habitat conservation plan or natural community conservation plan because no such plan exists for the area. No impact would be incurred. Mitigation Measure: None required. 4.10 MINERAL RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Result in the loss of availability of a known mineral resource that would be of value to the region and the X residents of the state? b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local X general plan,specific plan,or other land use plan? Impact Discussion: Forbestown was started as a mining community during the middle of the 19''Century,with most of the mines located to the north of the town. Gold was the primary mineral being mined. No large scale mining operations `have occurred in the Forbestown area for over 60 years. No mining operations occurred on the project site. The ■Butte County Department of Development Services ■ 22 ■Initial Study—Vanderbeek Rezone 04-02 ■Page 17 of 29 ■ Project Name: Vanderbeek Rezone,File#REZ 04-02 proposed project would not use or extract any mineral or energy resources and would not restrict access to known' , mineral resource areas. Therefore,the project would have no impact on mineral resources. Mitigation Measure: None required. 4.11 NOISE: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under' Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan X or noise ordinance,or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? X c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing X without theproject? d. . A substantial temporary or periodic increase in ambient noise levels in the project vicinity above X levels existing without the project? e. For a project located within an airport land use plan or,where such a plan has not been adopted,within two miles of a public airport or public use airport, X would the project expose people residing or working in the project area to excessive noise levels? f. For a project,within the vicinity of a private airstrip, would the project expose people residing or working X in the project area to excessive noise levels? Impact Discussion: The project site is located in a rural residential area that generally has low noise levels. The project. site is subject to noise originating from vehicles on Forbestown Road, which traverses the project site. The vehicle noise emanating from vehicles on Forbestown Road is not expected to cause any significant impacts to the future residents of the site due to the low number of vehicles that utilize this portion of Forbestown Road. It is expected that the future dwellings on the site would be located away from Forbestown Road, thus reducing noise impacts to the future residents on the project site. Construction activities on the site would temporarily generate high noise levels onand adjacent to the project site intermittently during project development activities. During construction,the highest noise levels would result from operation of heavy earthmoving equipment, which can be expected to generate noise levels of between 85 to 90 decibels (dBA) at a distance of 50 feet from the source. Noise levels will be reduced, however, by a factor of six dBA with each doubling of distance from the noise source and by intervening topography. Construction noise activities related to the construction of ten single,family dwellings at varying times is temporary in nature and is not seen as significant.The General Plan.Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL for construction activities. Given the size of the parcels and significant distance from the nearest residential structures, construction noise is -not expected to have a significant impact on nearby residence. Furthermore, any such noise disturbance would be intermittent and short-term in nature. Because of the relatively small increment of traffic added to the local roadways, the project would not significantly affect future traffic noise levels. R r The project is not located in the vicinity of an airstrip or within an airport land use plan. No impact would occur. Mitigation Measure: None required. ■Butte County Department of Development Services ■ 23 t - ■ Initial Study—Vanderbeek Rezone 04-02 ■Page 18 of 29 ■ Project Name: Vanderbeek Rezone,F*e REZ 04-02 4.12 HOUSING: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area,either directly(for example,by proposing new homes and X businesses)or indirectly(for example,through extension of roads or other infrastructure? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? e. Displace substantial numbers of people,necessitating X the construction of replacement housing elsewhere? Impact Discussion: Butte County population has grown at a rate at or below official population projections for the past 10 years. Projected population for.2000 was 207,159, while the actual census population was 203,171. The growth rate for Butte County between the 1990 and 2000 was 11.6%,or 1.1%per year. The proposed rezone would result in the potential for three parcels on the project site (a net increase of two parcels), each of which could be developed with a single family dwelling unit. Thus,the project has the potential to add an estimated seven people to Butte County (3 dwelling units x 2.414 persons/unit— assuming all occupants'are new residents to Butte County). This is not considered a significant amount and is consistent with the estimated 2% annual growth rate for the County. The project would not significantly affect the population of the area because the proposed density is consistent with most of the surrounding area. The extension of public infrastructure,such as public water or a sewer system,could cause an increase in population growth in the area. The construction of new roads or the extension of existing roads could also cause an increase in population. The project would not extend any public services, such as public water or public sewer systems, to the project area and no new roads or the extension of existing roads would be required. - Approval of the rezone to TM-5 could potentially encourage other landowners in the project area to seek to rezone their parcels to TM-5 and seek to divide their parcels. Because many of the surrounding an nearby parcels are less than 10 acres in size, a rezone of these parcels to TM-5 would not result in a large number of parcels in the project area being divided. , The project would not displace individuals or housing. No impact would occur. Mitigation Measure: None required. 4.13 PUBLIC SERVICES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities,the construction of which X could cause significant environmental impacts,in order to maintain acceptable service ratios, response times,or other performance objectives_ ' for any of the public services? ■Butte County Department of Development Services ■ ■ Initial Study—Vanderbeek Rezone 04=02 ■Page 19 of 29 ■ Project Name: Vanderbeek Rezone,File#REZ 04-02 • Potential) Less Than Less Than No Reviewed Would the proposal: r p p Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X f. Other public services? X Impact Discussion: The project site is located in an area designated as having a high to very high fire hazard according to GIS data from the California Division of Forestry. This rezone project has the potential to create three residential parcels (a net increase of two parcels), which would result in an incremental increase in demand for fire protection services. The Butte County Fire Department/California Department of Forestry and Fire Prevention states that cumulative development in rural areas would impact their ability to provide fire,protection services. This agency states that the installation of automatic fire suppression sprinkler systems in residential structures,the use of fire resistant building materials and the availability of water supply systems would reduce the demand for fire protection services. As a mitigation for any future land divisions on the project site, all new residential structures on the site are required to be equipped with an automatic fire suppression sprinkler system unless the parcel is connected to a pressurized community water system. The interior fire sprinkler system helps keep a house fire from spreading rapidly and is also a life-saving measure, which provides residents additional time to escape from a burning house. The nearest fire hydrant is located approximately 425 feet southwest of the project site (at Bamford Way). Another fire hydrant is located approximately 1,200 feet to the northeast of the site (on the north side of Forbestown Road). The project could result in up to six new dwelling units being placed on the project site (after approval of a subsequent parcel map), which could have significant impacts to County services, such as law enforcement, fire protection, general services, libraries, and roads. The Butte County Board of Supervisors recently approved the collection of development impact fees for new dwellings units. The residential development fee is collected at time of building permit issuance for a dwelling unit and is utilized to fund library, general government, sheriff, and fire facilities, and for road improvements. Additionally, County Code requires the payment of a Sheriff Jail Facilities impact fee at the time of issuance of a building permit for a dwelling unit. The payment of the residential development impact fees would help offset the cost of providing County services to the project site and would reduce the impacts of development on the project site with respect to public services to a less than significant level. A note would be required to be placed on any future parcel map on the project site that. states payment of these fees is.required at time of building permit issuance. Any second dwelling units placed on the project site would also be subject to payment of the residential development impact fee. The proposal would result in an incremental demand for school facilities in the area. The project site is located in the Marysville Joint Unified School District and the nearest school is the Yuba Feather Elementary School (grades K-8),,located approximately 5 miles to the south of the project site in Challenge. High schools are located in the Marysville area and school bus service to Marysville high schools'is available in the project area. The applicant is required to place a note on any future map that states: "A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount will be determined and calculated as of the date of application for the building permits." While school districts maintain that these fees do not fully mitigate the impacts of the project,the County is precluded from imposing additional fees or mitigation by state legislation. The project would result in the potential development of three dwellings,which would not create significant impacts to area parks and facilities. A less thansignificant impact is anticipated to other public services. Mitigation Measure # 6: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Fire suppression sprinkler systems shall be installed in all new 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, unless a pressurized community water system, with hydrants that meet Fire Department specifications,serves the parcels." ■Butte County Department of Development Services ■ 25 ■Initial Study—Vanderbeek Rezone 04-02 ■Page 20 of 29 ■ • Project Name: Vaznderbeek Rezone,F104REZ 04-02 Plan Requirements: The required note shall be placed on a separate document which is'to be recorded concun'ently • with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and. site development plans. Timing: Interior fire sprinkler systems shall be installed in all new residential structures at the time of building construction. Monitoring: The Department of Public Works and the Planning Division shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building Division shall ensure the note is placed on all building and site development plans. Building Division plan checkers shall ensure that the building plans for residential structures include interior fire sprinkler systems. Building inspectors shall ensure all residential structures have a functioning interior fire sprinkler system prior to the final inspection,by conducting an on-site inspection. 4.14 RECREATION: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such X that substantial physical deterioration of the facility would occur or be accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities X which might have an adverse physical effect on the environment? Impact Discussion: The project site is located within the Feather River Recreation and Park District. No public or private recreational facilities are location on or near the project site. The site is located near the Plumas National Forest, where numerous recreation opportunities can be found. No recreation facilities are proposed as part of this project. This rezone project, which could result in up to three parcels on the project site, is not expected to have a significant impact on any existing recreational facilities. Mitigation Measure: None required. 4.15 TRANSPORTATION/TRAFFIC: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system(i.e.,result in a substantial increase in X either the number of vehicle trips,the volume to capacity ratio on roads,or congestion at intersections)? ` b. Exceed,either individually or cumulatively,a level of service standard established by the county congestion X management agency for designated roads or highways? ■Butte County Department of Development Services ■ 26 ■Initial Study—Vanderbeek'Rezone 04-02 ■Page 21 of 29■ Project Name: Vanderbeek Rezone,Fil>rr#7#REZ 04-02 ' Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact .Under. Impact with Impact Previous Mitigation Document Incorporated c. Result in a change in air traffic patterns,including either an increase in traffic levels or a change in X location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g.,sharp curves or dangerous intersections)or X t incompatible uses(e.g.,farm equipment)? I. Result in inadequate emergency access? X I Result in inadequate parking capacity? X g. Conflict with accepted policies,plans or programs supporting alternative transportation(e.g.,bus X turnouts,bicycle racks)? Impact Discussion: The project site fronts on Forbestown Road, which is a public road. Forbestown Road along the project site is chip sealed and is of adequate width to provide for two-way traffic. Forbestown Road is a through road, connecting to LaPorte Road to the south(in Yuba County). A portion of Forbestown Road south of the project site is dirt/gravel but appears to be traversable year-round (the dirt/gravel section is within the Plumas National Forest). Forbestown Road along the project site carries only local traffic and has a very low vehicle count. The proposed rezone.has the potential to create three parcels for residential use, each of which would generate approximately 9.55 vehicle trips per day (Institute of Traffic- Engineers Trip Generation Manuao, although dwellings in rural areas typically generate less than 9.55 vehicle trips per day. Based upon these estimates, the three parcels could generate approximately 29 vehicle trips per day, or 57 vehicle trips if a second dwelling unit is placed on each proposed parcel, although the actual number of vehicular trips is expected to be must less due to the project site's rural location. There is adequate sight distance of Forbestown Road from the project site. Butte County Code Section 24-240 (b) requires two off-street spaces per dwelling. The three 6+acre parcels that would be allowed by the proposed TM-5 zone would have sufficient area to meet this requirement. This proposed rezone would not conflict with accepted policies, plans or programs supporting alternative transportation. Mitigation Measure: None required. 4.16 UTILITIES AND SERVICE SYSTEMS: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of X existing facilities,the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing X facilities,the construction of which could cause significant environmental effects? ■Butte County Department of Development Services ■ 27 ■.Initial Study—Vanderbeek Rezone 04-02 ■Page 22 of 29■ Project Name: Vanderbeek Rezone Fi�REZ 04-02 • Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated d. Have sufficient water supplies available to serve the project from existing entitlements and X resources,or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the X project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste X disposal needs? g. Comply with federal,state,and local statutes, and regulations related to solid waste? X Impact Discussion: The proposed project would include individual septic systems for sewage disposal. The project would not have an,impact,on any wastewater treatment.facilities because individual septic systems would be utilized. Domestic water would be obtained from the South Yuba Water Company. The South Yuba Water Company did not indicate that they could not provide domestic water to the project site. Some on and off-site storm water drainage improvements may be required due to development of the project site. No significant environmental impacts would be anticipated because drainage improvements do not appear to be extensive. The Butte County Public Works Department would determine the need for on and off-site storm water facilities and would ensure the necessary improvements are installed when a proposal to divide the property is received. Future land division(s) on the project site to create the three parcels allowed by this rezone project would increase the stream of waste being deposited in the Neal Road Landfill by a minor amount. According to the Butte County Public Works Department,the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. No impact would occur,with respect to federal, state, and local statutes and regulations related to solid waste with the incorporation of mitigation measures specified below. Mitigation Measure: None required. ■Butte'County Department of Development Services■ 28 ■Initial Study—Vanderbeek Rezone 04-02 ■Page 23 of 29 ■ Project Name: Vanderbeek Rezone,F*e REZ 04-02 4.17 MANDATORY FINDINGS OF SIGNIFICANCE(SECTION 15065: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have the potential to substantially 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 X 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 orprehistory? b. Have impacts that are individually limited,but cumulatively considerable? ("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection X with the effects of past projects,the effects of other current projects and the effects of probable future projects)? c. Does the project have environmental effects which t will cause substantial adverse effects on human X beings,either directly or indirectly? The project has the potential to contribute impacts that are individually limited,but cumulatively considerable with respect to Initial Study Checklist Items 4.3 —Air Quality; 4.4—Biological Resources; 4.5 —Cultural Resources;4.7 — Hazards and Hazardous Materials; and 4.13 — Public Services. Cumulative impacts to these areas would be mitigated due to the inclusion of Mitigation Measures # 1 through 6 as itemized under Section 5 — Mitigation Measures and Monitoring Requirements. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure # 1: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s),hoses,and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. c. Water shall be applied to disturbed areas a minimum of two(2)times per day or more as necessary. d. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200&. 205(Nuisance and Fugitive Dust Emissions). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways,unless conditions warrant a greater frequency." Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. ■Butte County Department of Development Services ■ 29 ■Initial Study—Vanderbeek Rezone 04-02 ■Page 24 of 29 ■ Project Name: Vanderbeek Rezone,FOC REZ 04-02 • Monitoring: The Planning Division and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department of Development Services shall ensure that this note is placed on all building and site development plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. Mitigation Measure # 2: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Fencing for areas other than residential areas shall be limited to a maximum of five(5)wire strands. The lowest strand shall be at least sixteen(16) inches above the ground and the upper strand shall be no higher than forty-eight(48) inches ,above the ground." Plan Requirements: The above note shall be placed on separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans.. Timing: The note shall be reviewed prior to recordation of future maps approved on the project site. Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on a separate document which is to be recorded concurrently with the map or on an'additional map sheet. The Building Division shall ensure that the note is placed on all building and site development plans. Building inspectors shall spot check;and Building shall ensure compliance on-site. Mitigation Measure # 3: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "At the time of building permit application,pay the applicable Deer Herd Impact fee(s)currently in effect." Plan Requirements: The required note shall be placed on a separate document which is to -be recorded concurrently with the map or on an additional map sheet. Timing: The required fee shall be paid at time of building permit issuance, if adopted or in force at the time of application. Monitoring: The Department of Public Works and the Planning Division shall ensure that the required note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet the map.. The Building Division shall collect the fees at the time of building permit issuance if the County adopts the fees. Mitigation Measure # 4: 'The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Should development activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris,cans,glass,etc.;structural remains;human skeletal remains),work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified, immediately, pursuant to State law,to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The required note shall be placed on a separate' document which is to Abe recorded .concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction activities. Monitoring: The Department of Public Works and the Planning Division shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building Division shall ensure the note is placed on all building and site development plans. Should cultural resources be discovered,the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to . cultural resources and determine appropriate action. Mitigation Measure # 5: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "The ■Butte County Department of Development Services ■ 30 ■ Initial Study—Vanderbeek Rezone 04-02 ■Page 25 of 29 ■ Project Name: Vanderbeek Rezone,FileTt REZ 04-02 • building setback from all property lines shall comply with the requirements of Public Resources Code 4290 and 4291 (Fire Safe Regulations)." Plan Requirements: The above note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition. . Monitoring: The Public Works Department and the Butte County Fire Department/CDF shall ensure that the note is placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet. The Butte County Fire Department/CDF will review all of building and site plans for compliance with PRC 4290 and 4291. The Building Division and the Planning Division shall . check building and site plans for compliance prior to issuance of a building permit. Building inspectors shall ensure compliance by conducting an on-site inspection prior to the Parcel inspection. Mitigation Measure # 6: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Fire suppression sprinkler systems shall be installed in all new 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, unless a pressurized community water system, with hydrants that meet Fire Department specifications, serves the parcels." Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: Interior fire sprinkler systems shall be installed,in all new residential structures at the time of building construction. Monitoring: The Department of Public Works and the Planiung Division shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building Division shall ensure the note is placed on all building and site development plans. Building Division plan checkers shall ensure that the building plans for residential structures include interior fire sprinkler systems. Building inspectors shall ensure all residential structures have a functioning interior fire sprinkler system prior to the final inspection, by conducting an on-site inspection. 6.0 ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Board of Supervisors. Agricultural Preserves Map,established by Resolution No. 67-178. Oroville,CA: Butte County Planning Department, 1987. 2. . Butte County Planning Department. Archaeological Sensitivity Map.• Oroville,CA: James P.Manning, 1983. 3. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map' Butte County Fire Department and California Department of Forestry, 1989. 4. Butte County Planning Department. Butte County GIS Data. Oroville,CA:November 2001. 5. , Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic SafetyElement. Oroville,CA: CH2M Hill, 1977. 6. Butte County Planning Department. Environmental Checklist Form,Evaluation of Environmental Impact. File' Number 93-15. Oroville,CA: February 8, 1993. 7. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville,CA: CH2M Hill, 1977. 8. -Butte County Planning Department. Expansive Soils Map 111-3,Safety Element. Oroville,CA: C112M Hill, 1977. 9. Butte County Planning Department. Liquefaction Potential Mag 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 10. Butte County Planning Department. .Natural Fire Hazard Classes Mgp 111-4,Safety Element. Oroville,CA: CH2M Hill, 1977. 11. Butte County Planning Department. Noise Element Map IV-1, Scenic Highway Element. Oroville,CA: CH2M Hill, 1977. ■Butte County Department of Development Services■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 26 of 29 ■ Project Name: Vanderbeek Rezone,Filet 04-02 12. Butte County Planning Department. Notice of Determination,Rezone 93-15,John Mcglaughlin.Filed with State Clearinghouse,Office of Planning and Research. July 13, 1993. 13. Butte County Planning Department. Scenic Highways Man V-1, Scenic Highway Element. Oroville,CA: C112M Hill, 1977. 14. Butte'County Planning Department. School District Man. Oroville,CA. .15. Butte County Planning Department. Subsidence and Landslide Potential MqP I l l-1, Safety Element. Oroville, CA CH2M Hill, 1977. 16. California Department of Transportation,Traffic Operations Division.2000 All Traffic Volumes on California State Highway System. 2001. 17. California Department of Transportation,Traffic Operations Division. 1998 Truck Volumes on California State Highway System. 1998. 18. California Department of Transportation,Traffic Operations Division. 1998 All Traffic Volumes on California State Highway System. 1998. 19. National Flood Insurance Program. Flood Insurance Rate Mans. Federal Emergency Management Agency. 1989. 20: Northwestern District Department of Water Resources. Chico Nitrate Study Map,Nitrate Concentration in - Shallow Wells. The Resources Agency,State of California, 1983. 21. USGS Quad Maps. 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [X] Building Manager [ ] BCAG [X] County Counsel [X] LAFCo [X] Assessor [. ]Development Services [ ] Chico Unified School District [X] Air QualityManagement District ]Ci tyof Chico Sheriff [ ] City of Gridley [ ]City of Oroville [ ] Town of Paradise [X] CA Department of Forestry [X] Caltrans(Traffic) [ ] CA Central Reg. Water Quality [ ] Department of Conservation [X] CA Dept.of Fish and Game [X] Highway Patrol [ ] Army Corps of Engineers [ ]U.S.Fish&Wldlife Service [X] Agricultural Commissioner [ ] Butte Co.Farm Bureau [X] South Yuba Water Company [ ] Feather River Recreation Dist. [ ] El Medio Fire Department [X]Marysville Unified School Dist . [ ] LOAPUD [ ] PG&E • [ ]Pacific Bell [ ] Palermo Union School District . y 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: YWe have reviewed the Initial Study for the Monty A. Vanderbeek Rezone (APN # 0 73- ` 300-027) application and particularly the mitigation measures identified herein. UWe 'hereby modify the applications on file with the Butte County Planning Department to include and incorporate all mitigations set forth in this Initial Study. Project SponsorYr ct Ade Date Project Sponsor/Project Agent . Date k'\planning\projects\rez\vanderbeek.04-02\vanderbeek rezone initial study.doc ■Butte County Department of Development Services■ x ■Initial,Study—Vanderbeek Rezone 04-02 ■Page 27 of 29 ■ 32 w Project Name: Vanderbeek Rezone,FiIlREZ 04-02 • 35 36 36 31 ---- -- . T19N R07E MDB&M k 2' 1 6 °A�a 7-1II 'Cf l Y f - ■Butte County Department of Development Services ■ 33 . ■Initial Study—Vanderbeek Rezone 04-02 ■Page 28 of 29 ■ " ' --�, ---�-- PROJECT SITE / 2 I FORBESTOWN ROAD / 112 1z 7 FORBESTOWN m Wb00lEAF ra RA GF RA / TPT-160 11IS 20N":LWLkSSFIED I R4WFORD WAYI . T,19 H,R.6 E.,W.D.W. ■ • + Il;�r / Q i FOR9UfO'AN RG1D ■ N Q. OP:RA / I I 12 12 7 ti 4n i N O / ZOhinC:L'NCLlS51F1ED 2G.4inG:uRGA.•IED WrOFFlRW 11�IS\ 13 18 N 9000'00'E , 710.12' 556.19' - N VICINITY YAP � 03 xsD f NMI.0A0 _ %' / DOC.90-053242 SarE I-20m' p Ll+ MONTY VANDERBEEK I � r• TOTAL AREA AP:073-300-027 R/�:h3a m arc aAtt�FEsllu✓l�v1— O / / / 19.0±ACRES ti O.7uo.Cox A OWNER /APPLICANT: C AREA WEST OF FORRESTOWN ROAD /AIREI EAST OF FORBES(OWN ROAD f'/ ssaTs PARCEL 073-aao 022 7.01 Ams / —— —- __12-01 ACRES MONTY VANDERBEEK M PA //i 20 MIQ UNUASSM 18412 E.lAUAwA7E \.fes I// 52"o Ia a '`CoGLOR.a 95 95 S2o ' Y i CP:RA a R 20R97C:UNQAs511ED \tysT�lc¢RrRW - PREPARED BY. Q . a 5.7579 Z:1> C'4 > /�/�// R^r GE RGE WASNG AND. LEY PLANNING 0 ,> N 265.00 // -'� 10936 WVAS COURT U "7126%E8 �"„A155 WllfV.CA 95945 CG S 9945'51'W I y PH.(530)177-7343 JAN 3 0 31W (� 'I c �h O // 6p :REZONE EXHIBIT FOR "�' ■ 27ANG PA Cl.RA IRCASSBYED 2017d+G U C1l�FlED MONTY VANDERBEEK �8MC A PORII011 OF TK WST 1/2 OF TIE WORDUST 1/4 OF 'A , I :SECTION 12, T.19 N., R.6 E., U.D.Y. IN DE tXfflWW0WW n36MORV OF /+ BUTTE COUNTY, CAUFORNIA O 1 BAYFORD WAY SG11E:I-100• 4uam.2004 • ti^ �1/ JKL SURVEYING G A4 VAl1EY, mool2OA SE21 t OF I .; tV GILW. U _ d BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT—JANUARY 12, 2006 L Applicant: Monty A. Vanderbeek Location: On both sides of Forbestown Owner: Same - Road, approximately 915 feet north of Bamford Way, approximately 1.8 miles east of Forbestown, east Butte County area. File#: REZ 04-02 Parcel Size: 18.9± acres Request: Rezone from U (Unclassified, Supervisor 1 20-acre minimum parcel size) District: to TM-5 (Timber Mountain, 5-acre minimum parcel size). G.P.: A-R(Agricultural Planner: Carl Durling, Associate Residential) Planner Zoning: U (Unclassified, 20-acre Attachments: minimum parcel size) A: General Plan/Zoning Map Zone Date:_ January 6, 1987 B:, Initial Study APN: 073-300-027 C: Site Plan D: Rezone Study Area, i EXECUTIVE SUMMARY: This project is a request to rezone the 18.9± acre parcel from U (Unclassified, 20-acre minimum parcel size) to TM-5 (Timber Mountain, 5-acre minimum parcel size). With this rezone, and upon approval of a subsequent parcel map, the project site could be divided into three parcels for. single family residential use. The project is consistent with the TM-5 zone and with the Butte County General Plan Agricultural-Residential land use designation, as well as the goals and policies of the Land Use Element of the General Plan. Staff recommends approval of this project with findings and conditions. As a separate action, Staff also recommends that the Planning Commission initiate an area wide rezone analysis of an appropriate TM zone (see attached Exhibit D, Rezone Study Area. z ■ Butte County Department of Development Services ■ 0 January 12, 2006 0 Agenda Report - Vanderbeek REZ 04-02 ■ Page 1 of 13 ■ PROJECT DESCRIPTION: • This project is a request to rezone.the 18:9± acre parcel from U (Unclassified, 20-acre minimum parcel size) to TM-5 (Timber Mountain, 5-acre minimum parcel size). • With this rezone, and upon approval of a subsequent parcel map, the project site could be divided into three parcels for single family residential use. • The future parcel map on the project is expected to create one 7f acre parcel on the west side of Forbestown Road and two 6± acre parcels on the east side of Forbestown Road. • 'Sewage disposal for future dwellings on the site would be provided by individual, on-site septic systems. • Domestic water would be obtained from the South Yuba Water Company. • Access to the future parcels on the site would be from Forbestown Road, which is a public road. ' 4 • Up to six dwelling units could be placed on the project site (three primary dwellings and . three potential second dwelling units)with approval of a Parcel Map for three (3)parcels. SITE CHARACTERISTICS: • The project site is located in an unincorporated area in the eastern portion of Butte County, east of the small rural community of Forbestown. • ' The project parcel is split by Forbestown Road, with approximately 7 acres of the parcel on the west side of Forbestown Road and approximately 12 acres on the east side. • Forbestown Road along the project site carries only local traffic and has a very low vehicle count. Forbestown Road is a through road, which connects to LaPorte Road to the south (in Yuba County). • Land uses on the surrounding parcels are single family dwellings on parcels approximately five acres in size, and timber harvesting. • .The project site has gentle topography, with the steepest slopes being approximately 10%. • The elevation of the property is approximately 2,320 to 2,400 feet above sea level. Vegetation on the site includes Ponderosa pine, Douglas fir, incense cedar, tanoak, manzanita, buckbrush,poison oak, ferns,berry shrubs, grasses, and wildflowers. • No natural drainages, wetlands, or vernal pools are on the site, but the Oroville Wyandotte Canal is found on the site west of and adjacent to Forbestown Road. • The project site is not within a 100-year flood zone, an earthquake zone, or an airport overflight zone. ' ANALYSIS: ■ Butte County Department of Development Services ■ ■ January 12, 2006 0 Agenda Report - Vanderbeek REZ 04-02 0 Page 2 of 13 0 F • • Surrounding General Plan, Zoning' Land Use, and average parcel sizes, is shown in the following chart: Direction General Plan Desi nation Zoning Existing Land Use s North Agricultural Residential Unclassified Timber land 4.59 acres South Agricultural Residential Unclassified Rural residential 6.14 acres East Agricultural Residential Unclassified Rural residential 7.28 acres ` West Agricultural Residential Unclassified Rural residential 7.23 acres • The property is designated as Agricultural Residential in the Butte County General Plan Land Use Element. Consistent zones listed for this designation are A-20, A-40, TM-20, TM-40, FR-20, FR-40, and C-F. Conditionally'consistent zones are A-5; A-10, TM-1 thru TM-10, FR-2 thru FR-10, SR-1, AR-2.5, RT-IA, and PUD. The Agricultural Residential designation •calls fora minimum parcel size of 1 to 40 acres, with one single-family dwelling per parcel. • The Agricultural-Residential General Plan land use designation allows for a parcel size of ' less than twenty acres if five conditionally consistent criteria can be met. These five criteria and a response to each one are: e 1. Compatible with neighboring agricultural activities. The project site is not located in an agricultural area. No agricultural uses, other than timber harvesting, are established on any of the parcels that surround the. project site. The project site is not adjacent to lands that have a General Plan land use designations of Orchard and Field Crops or Grazing and Open Lands. The Butte County Agricultural Commissioner stated that the project would not impact any agricultural operations. The project will not create any impacts to agricultural activities. ' 2. Evidence of adequate water and sewage disposal capacity. Domestic water is proposed to be obtained from the South Yuba Water Company, which is a public agency that provides domestic water to the project area. Usable sewage disposal areas as required by Appendix VII of the Butte County Subdivision Ordinance have not been proven to exist on the site. However, Environmental Health has determined that.the soils on the project site are generally suitable for on-site sewage disposal systems. It is expected that there is adequate soil for a septic system on each of the three 6+ acre parcels that could ultimately be created as a result of this rezone project. 3. Availability of adequate fire protection facilities. The nearest staffed fire station is Station # 54 (CDF staffed) located approximately 6.3 miles to the southwest at Robinson Mills. Volunteer station # 53 is located approximately 10.5 miles away in Clipper Mills. All new dwellings placed on the project site would be required to have interior fire sprinkler systems to help reduce impacts to fire protection services unless the project site is connected to a pressurized ' community water system. A fire hydrant is located approximately 425 feet to the southwest of the project site. . 4. Adequately maintained approved road access with sufficient capacity to service area. The project site fronts on Forbestown Road, which is a public road. Forbestown Road along the project site is chip sealed and is of adequate width to provide for two- way traffic. Forbestown Road is a through road, and connects to LaPorte Road to ■ Butte County Department of Development Services ■ 0 January 12, 2006 .0 Agenda Report - Vanderbeek REZ 04-02 0 Page 3 of 13 0 the south (in Yuba County). A portion of Forbestown Road south of the project site is dirt/gravel but appears to be traversable year-round. Forbestown Road along the project site carries only local traffic and has a very low vehicle count. A future parcel map on the project site that would create three 6+ acre parcels has the potential to create approximately 29 vehicle trips per day. The future parcels each have the potential for a second dwelling which would double the vehicle trips to 58. , It is expected the actual number of vehicle trips would be much less due.to the rural location of the project site. 5. Reasonable accessibility to commercial services and schools. ; A K-8 school is located in the community of Challenge, approximately six miles to the south of the project site. High schools are located in Marysville, located approximately 40 miles to the south of the project site. School bus service is provided to these schools. Small general stores are located in Forbestown and Challenge. Extensive commercial services are located in Oroville, approximately 24 miles from the project site. • Based upon the above responses, the proposed TM-5 zone can be considered to be conditionally consistent with the Agricultural Residential General Plan land use designation. • The Agricultural Residential General Plan land use designation lists eleven zoning factors that must be considered when determining the appropriate zoning district for-a particular area. The zoning factors, along with a staff's response, are: 1. Existing parcel sizes and residential densities Surrounding and nearby parcels range in size from 0.75 to 80 acres. There are twelve parcels to the south of the site that range in size from 3.3 to 5 acres. The parcels to the north range in size from 0.75 to 10 acres. The parcel to the east of the site is 14+ acres, while the parcel to the west is 80 acres. Land uses on the surrounding parcels are primarily single family dwellings, with some timber harvesting. The requested TM-5 zone would be consistent with most of the surrounding and nearby parcel sizes and land uses. However, the U(Unclassified) zone, a holding zone, surrounds the property. 2. Slope The site has an average slope of approximately 3%, with the steepest slope being approximately 10%. The lack of steep slopes on the site would not hinder residential development on the three future parcels that may be created on the project site as a result of this rezone project. 3. Soil conditions and water availability The soils on the project site are generally adequate for individual, on-site septic systems. The site does not contain any wetlands or vernal pools, and does not appear to be subject to high groundwater levels. Domestic water for any future dwellings on the site would be obtained from the South Yuba Water Company. Well water may be utilized for irrigation purposes. 4. Effects on ' adjacent uses, crop production, livestock grazing, forestry, resources extraction, and wildlife habitat ■ Butte County Department of Development Services ■ 0 January 12, 2006 0 Agenda Report - Vanderbeek REZ 04-02 ■ Page 4 of 13 0 This rezone to TM-5 could result in the creation of three 6+ acre parcels on the project site, each of which could be developed with a single family dwelling unit. A second dwelling could be developed if environmental health requirements and setback requirements can be met. No agricultural uses, other than some timber harvesting, is found on the surrounding parcels. No mineral resources are extracted from any of the surrounding parcels. The project site does not contain any critical animal habitat. 5. Proximity to public roads and other public facilities. The project site fronts on Forbestown Road, which is a public road. A K-8 public school is located in the community of Challenge, approximately six miles from the project site. A post office is located in nearby Forbestown. No other public facilities exist in the project area. 6.. Distance from airports, railroads and industrial uses. As these uses can conflict with the residential uses, the higher density of the TM-5 zone should not be applied near these features. No airports, railroads, or industrial uses are. located in the project area. These types of uses would not have any impact to future residents on thePJ ro•ect site. 7. Existing utilities, walkways and drainage facilities. Electrical and telephone lines .are located on Forbestown Road and can easily be extended to the project site. Piped natural gas service is not available in the Forbestown area,•and many homeowners utilize propane. Domestic water can be obtained from the South Yuba Water Company. The project site is located in a rural area, and County road standards do not require the installation of curb, gutter, and sidewalks along roadways. Drainage facilities in the area are limited and generally not needed due to the low density of development in the project area. Stormwater runoff from parcels in the project area is normally directed into natural drainages. 8. Potential'for surface cracking, landslides, and erosion Surface cracking, usually caused by expansive soils, is not a problem in the project area. The project site is not prone to landslides because it does not contain steep slopes. The soils on the site—decomposed granite—are not generally prone to erosion. 9. Effect on noise, traffic flow and safety, water quality, wildlife habitat and general environmental quality This rezone to TM-5 could result in the creation of three 6+ acre parcels on the project site, each of which could be developed with a single family dwelling unit. A second dwelling could be developed if environmental health requirements and setback . requirements can be met. The resulting residential uses would result in a minor increase in noise in the project area, but this increase would not be significant and would be compatible with the other residential uses in the project area. The increase in vehicular traffic would be minor, adding approximately 29 additional vehicular trips to the roads in the area, as well as the added 29 vehicular trips that may be added by permitted second dwelling units. The roads in the project area have the capacity to handle the minor increase in traffic generated by the project. 10. Local desires ■ Butte County Department of Development Services ■ ■ January 12, 2006 0 Agenda Report - Vanderbeek REZ 04-02 0 Page 5 of 13 0 Due to its rural mountain location, but relatively short drive to Oroville, the Forbestown area is very desirable and faces increasing pressure for additional residential development. At this time the local desires regarding this rezone project site are not known. This rezone project requires recommendation for approval by the Planning Commission and approval by the Board of Supervisors, both of which will hold public hearings on this project. Local desires would not be fully known until the hearings are held. A public hearing would also be held for any future land divisions on the project site. 11. Potential for pest insect breeding. This rezone project, and a subsequent parcel map to create three 6+ acre residential parcels on the project site, are not expected to create a potential for pest or insect breeding because residential uses typically do not include improvements that would be conducive to pest or insect breeding. • The project site was zoned Unclassified (U1) on January 6, 1989. The U zone was intended to be a temporary"holding" zone, and the County intended to rezone those parcels zoned U to a zone more appropriate for the area. This requested rezone to TM-5 may be considered a spot zone. However, the intent of the U zone is to hold property in this zone until a request for an appropriate zone is made which is consistent with the General Plan designation for the area. Section 24-230 (h) (2) states: "Control on land divisions. Any proposed land division of twenty (20) acres or less must first apply for and obtain specific zoning consistent with the general plan or applicable area or specific plans. " The staff is recommending approval of the request because the TM-5 zone is consistent with parcel sizes and uses in the area. However, staff believes that the Planning Commission, should initiate an area wide zoning to an appropriate TM zone. • Based upon a trip generation rate of 9.57 vehicle trips per day, the project could result in approximately 57 additional vehicular trips per day if each of the proposed parcels is developed with two dwelling units. It should be noted that dwellings in rural areas generally will generate less than 9.57 vehicle trips per day. The roads in the project area have the capacity to handle this minor increase. • The project site is utilized by resident and non-resident deer. In order to protect deer herd movements, a mitigation measure is recommended that requires all new fences meet California Department of Fish and Game fencing standards. ENVIRONMENTAL REVIEW/CEQA ISSUES: The initial study prepared for this project determined there would be future parcel map ' environmental impacts to the following areas: • Air Quality(dust control during site development activities) • Biological Resources (impacts to deer herd movements, oak tree habitat, and stream habitat) • Cultural Resources (possible disturbance of archaeological resources) • Fire Hazards (extended building setbacks to allow for vegetation clearance) ■ Butte County Department of Development.Services ■ ■ January 12, 2006 0 Agenda Report- Vanderbeek REZ 04-02 0 Page 6 of 13 0 • 'Public Services (interior fire sprinkler systems required in all new residential structures) The initial study, which is attached to this agenda report, recommended six mitigation measures to reduce parcel map environmental impacts to a less than significant level. These mitigation measures are to,be applied to any future parcel map on the property. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required because the project has the potential to cause impacts to fish or wildlife or their habitat. ' The initial study/mitigated negative declaration was sent to the Governor's Office of Planning and'Research, State Clearinghouse, for a 30-day review period (SCH # 2005052011). The review period began 5/6/05 and ended 6/5/05: Notices regarding the 30-day review period were mailed to landowners near the project site, and a notice was placed in the Oroville Mercury Register. K:\Planning\PROJECTS\REZ\VANDERBEEK.04-02\Vanderbeek RZ 04-02 Agenda Report current.doc p • ' A ■ Butte County Department of Development Services ■ 0 January 12, 2006 0 Agenda Report - Vanderbeek REZ 04-02 0 Page 7 of 13 0 35361 3fi 31 ` - ._.._ ... - T19N R07E M,DB&M . ` l! �, ,,; �� 2. 1• \ IoM fid. o i f \ ., ... t gid. : : 0 Butte County Department of Development Services ■ 0 January 12, 2006 0 Agenda Report - Vanderbeek REZ 04-02 ■ Page 8 of 13 0 6o T 11 Vanderbeek REZ 04-02 � West side of Forbestown Rd. ftm Vanderbeek 1 ' f 4 as East side of , 12 11 Forbestown Rd �' f k _.. . . 7Mgid{ r 7 ■ Butte County Department of Development Services ■ ■ January 12, 2006 ■ Agenda Report - Vanderbeek REZ 04-02 0 Page 9 of 13 ■ t 'I '14 o e I - L $ .M ta LA z Od � q 7 a tL1 Fw y 8 n 1 I� xR'�' • 4 1 ■ Butte County Department of Development Services ■ 0 January 12, 2.006 0 Agenda Report - Vanderbeek REZ 04-02 ■ Page 10 of 13 ■ RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF REZONE 04-02 WHEREAS, the Planning' Commission has considered Rezone 04-02 for Monty Vanderbeek in accordance Chapter 24, Zoning, of the Butte County Code on Assessor's Parcel Number 073-300-027; and WHEREAS, the Planning Commission has considered a Mitigated Negative Declaration , in accordance with the California Environmental Quality Act; and WHEREAS, said Rezone 04-02 was referred to various affected public and private agencies, County departments, and referral agencies for review and comment; and WHEREAS, a public hearing was held on January 12, 2006; and WHEREAS the PlanningCommission has considered public comments and a report' p p from the Planning Division: NOW THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act.' Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the proposed Mitigated Negative Declaration,-together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Rezone for Monty A. Vanderbeek, Planning Division File No. RZ 04-02, would have a significant effect on the environment. The custodian of the record is the Butte County.Development Services Department. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The proposed Mitigated Negative Declaration reflects the independent judgment ' and analysis of the County, which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, with Mitigation Measures 1 through 6, as detailed in the Agenda Report dated January 12, 2006. II. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required because the project.lias.the potential to cause impacts to fish or wildlife or their habitat. III. Recommend approval of Rezone 04-02 for Monty A. Vanderbeek,based on the following findings: ■ Butte County Department of Development Services ■ 0 January 12, 2006 0 Agenda Report - Vanderbeek REZ 04-02 0 Page 11 of 13 0 A. The proposed rezoning map is consistent with the following Butte County General Plan Land Use Element Goals and Policies: ' 3.2.a. Residential densities shall be correlated to soil, slope and other natural site. characteristics. 3.2.b. Correlate residential densities to availability of water and sewage disposal and proximity to other public facilities. 3.2.c. Relate residential densities to intensity and compatibility of adjacent uses. 3.2.d. Balance residential densities with traffic-carrying capacities of existing , 4 and proposed circulation plans. 7.1.a. Consider fire hazards in all land use and zoning decisions, environmental review, subdivision review and the provision of public services. B. The rezoning of the project property is consistent with County standards and policies. C. The project is physically suitable for the use and density of the proposed rezoning.' D. The rezoning of the project area will not cause public health or safety problems because the project area does not contain any physical characteristics that could cause health or safety concerns. E. The rezoning of the project area will not conflict with easements acquired by the public at large for access through or use of property within the proposed rezone area. t F. The project site is not located within an earthquake fault zone or a 100-year flood zone. G. The project would not have an impact to any aircraft operations because the project site is not located within an Airport Compatibility Zone. H. Approval of this project will not be detrimental to the public health, safety, and welfare provided the required conditions and mitigation measures are complied with. I. The project is conditionally,consistent with the Agricultural Residential General Plan land use designation because the proposed zone meets eleven zoning factors of the Agricultural Residential designation of the General Plan. J. The project would not cause any impacts to agricultural operations because none are located near the project site. r. . K. The roads in the project area have the capacity to handle the minor increase in vehicular traffic generated by the project. IV. Recommend initiation of a rezone of the area to an appropriate TM zone. DULY PASSED AND ADOPTED this 12th day of January, 2006,by the following vote: AYES: Commissioners NOES: ■ Butte County Department of Development Services ■ ■ January 12, 2006 0 Agenda Report - Vanderbeek REZ 04-02 ■ Page 12 of 13 0 ABSENT: ABSTAIN: FERNANDO MARIN,-Chairman Planning Commission County of Butte, State of California ATTEST: LYNN RICHARDSON, Secretary Planning Commission County of Butte, State of California ■ Butte County Department of Development Services ■ 0 January 12, 2006 0 Agenda Report- Vanderbeek REZ 04-02 0 Page 13 of 13 0 a , Name:' Monty A. Vander Beek Project: RZ 04-02 Planner: Carl Durling APN: 073-300-027 Zoning: "U" Location: on'both sides of Forbestown Road, approximately 915 feet north of Bamford Way, approximately 1.8 miles east of Forbestown, east Butte County area. Proposal: Rezone from"U"(Unclassified,20-acre minimum parcel size)to TM-5 (Timber Mountain, 5-acre minimum parcel size). Mr. Durling gave a brief summary of the project. He explained that the"U"zone was adopted as a holding zone and it is expected that the properties will rezone. He said staff is also asking that the Commission initiate an area wide rezone. He submitted a map with the parcels in yellow that are recommended for the area wide rezone. He asked that the area be expanded. Commissioner Leland asked if there is a statute that prohibits spot zoning. Mr. Durling said as long as the County can show that there is no detrimental impact to the public health, safety, or welfare, that there is some policy to base the zoning on, and it is in the public interest to do the rezone, it is not spot zoning. Commissioner Leland said that changing this zone will set a precedent in the area. Vice Chairman Lambert agreed to initiate the area wide rezoning, but felt the action should be separate from the Vander Beek action. She said the initiating of the rezone should be deleted from the Resolution for this project. Mr. Durling said he would like to expand the rezone area from what was marked on the map he submitted. The hearing was opened to the public. George Wasley said he was in favor of the staff report. He agreed that the area rezone should be done separate from this hearing. He was there to answer questions. The hearing was closed and comments confined to the Commission and staff. It was moved by Commissioner Leland, seconded by Commissioner Wilson, and unanimously carried to recommend approval to the Board of Supervisors for the Rezone for Monty A. Vander Beek, adopting Resolution 06-04, deleting IV from the Resolution that reads "IV. Recommend initiation of a rezone of the area to an appropriate TM zone." It was moved by Commissioner Leland,seconded by Commissioner Marin,and unanimously carried _to initiate an area rezone as shown on Exhibit D include any other area that may be appropriate. There is a 10-day appeal period on all decisions with the Clerk of the Board ^- o ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JANUARY 12, 2006 ■ PAGE 7 ■ - . .o�vTrFo 0 0 - a OV-N DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR REZ 04-02 (MONTY A. VANDE"EEK� Project Name: Vanderbeek Rezone, REZ 04-02 • COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR REZONE 04-02 (MONTY A. VANDERBEEK) 1.0 PROJECT INFORMATION A. - Applicant/Owner: Monty A.Vanderbeek B. Staff Contact: Stephen Betts(530)538-7153 C. Project Name: N/A D. Project Location: On both sides of Forbestown Road, approximately 915 feet north of Bamford Way, approximately 1.8 miles east of Forbestown,east Butte County area. E. Type of Application(s): Rezone F. Assessor's Parcel Number: 073-300-027 G. Project Site Size: 18.9±acres H. Current Zoning: U(Unclassified,20-acre minimum parcel size) I. General Plan Designation: Agricultural Residential J. Environmental Setting: The project site is located in an unincorporated area in the eastern portion of Butte County, east of the small rural community of Forbestown. It is located approximately 24 miles east of Oroville in a rural lower mountain setting. The project parcel is split by Forbestown Road, with approximately 7 acres of the parcel on the west side of Forbestown Road and approximately 12 acres on the east side. This section of Forbestown Road has very little vehicular traffic on it. Land uses on the surrounding parcels are single family dwellings on parcels approximately five acres in size and timber . harvesting. The undeveloped site has gentle topography, with the steepest slopes being approximately 10%. The elevation of the property is approximately 2,320 to 2,400 feet above sea level. Vegetation on the site includes Ponderosa pine, Douglas fir, incense cedar, tanoak, manzanita, buckbrush, poison oak, ferns, berry shrubs, grasses, and wildflowers. No natural drainages occur on the site,but the Oroville Wyandotte " Canal is found on the site west of and following Forbestown Road. The project site is not within a 100- year flood zone, an earthquake zone,or an airport overflight zone. K. Surrounding Land Uses: Direction General Plan Designation Zoning Existing Land Use(s) North Agricultural Residential Unclassified Timber land South Agricultural Residential Unclassified Rural residential East Agricultural Residential Unclassified Rural residential West Agricultural Residential Unclassified Rural residential L. Project Description: This project is a request to rezone the 18.9± acre parcel from U(Unclassified, 20-acre minimum parcel size)to TM-5 (Timber Mountain, 5-acre minimum parcel size). With this rezone, and upon approval of a subsequent parcel map, the project site could be divided into three parcels for single family residential use. The future parcel map on the project is expected to create one 7± acre parcel on the west side of Forbestown Road and two 6± acre parcels on the east side of Forbestown Road. Sewage disposal for future dwellings on the site would be provided by individual, on-site septic systems. Domestic water would be obtained from the South Yuba Water Company. Access to the future parcels on the site would be from Forbestown Road, which is a public road. Up to six dwelling units could be placed on the project site (three primary dwellings and three second dwelling units)with approval of a 3-parcel Parcel Map. ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 1 of 29 ■ Project Name: Vanderbeek Rezone,I*REZ 04-02 • l • M. Public Agency Approvals: Butte County Planning Division Butte County Building Division Butte County Fire Department/CDF Butte County Environmental Health Division Butte County Public Works Department 2.0 DETERMINATION [ ] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ,[X] I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. [ ] •I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon t e7�ed oject,nothing further is required. �1 t Z Pre ed by: Steph Blots S mor P er Date Re ewed by: ohne C � to her,Dir. of Development Services Date 3.0 POT NTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project,involving at least one impact that is a"Potentially Significant Impact'as indicated by the checklist on the following pages. [ ] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [X] 4.3 Air Quality [X] 4.4 Biological Resources [X] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [X] 4.7 Hazards/Hazardous Material [ ] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use [ ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing [X] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [ ] 4.17 Mandatory Findings of Significance ■Butte County Department of Development Services■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 2 of 29■ Project Name: Vanderbeek Rezone,IOUZ 04-02 • 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETIC/VISUAL RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources,including,but not limited to,trees,rock outcroppings,and historic X buildings within a state scenic highway? c.. Substantially degrade the existing visual character or X quality of the site and its surroundings? d. Create a new source of substantial light or glare which would adversely affect day or nighttime views X in the area? Impact Discussion: The project site is located on Forbestown Road, which is not designated as a State or County scenic highway(Butte County Scenic Highway Map). Scenic views are not visible from the site. This project would not significantly impact a scenic vista. The project site consists of an undeveloped property with tall pines and an extensive understory of brush. This rezone project could ultimately result in three 6+ acre residential parcels on the project site. Future residential development on the site would introduce new visual elements, such as dwellings, accessory structures, and lighting, which would change existing off-site views. The site is vegetated with trees and-brush to the extent that the future homes would generally be screened from view by the vegetation. Homes would not be readily visible to the traveling public on Forbestown Road. The future homes on the project site would have normal exterior household lighting for security and safety purposes. These exterior lights are not expected to create any significant impacts due to the low number of lights that would be utilized. There are no street lights on Forbestown Road and street lighting would not be required for any land divisions on the project site. Residential development of the site would be consistent with surrounding and nearby parcels. No substantial conflicts with the established character or function of the surrounding community are anticipated. Construction of a typical residential project causes short-term visual impacts. Grading operations and construction activities create a visual impact, and construction debris, rubbish and trash can accumulate on construction sites and are unsightly if visible from public streets. The completion of the project improvements would eliminate the short- term visual impacts of the grading and construction operations. Mitigation Measure: None required. 4.2 AGRICULTURE RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland,Unique Farmland,or Farmland of Statewide Importance(Farmland), as shown on the maps prepared pursuant to the X Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?' ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 3 of 29■ Project Name: Vanderbeek Rezone,DREZ 04-02 • Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated b. Conflict with existing zoning for agricultural use,or X a Williamson Act Contract? c. Involve other changes in the existing environment which,due to their location or nature,could result in X conversion of Farmland,to non-agricultural use? Impact Discussion: The project site is designated Agricultural Residential by the Butte County General Plan, which lists agricultural uses as a Primary Use. The project site is zoned Unclassified(U), which allows agricultural uses by right. The requested TM-5 zoning also permits agricultural uses. Soils on the project site have a Soil Conservation Service classification of IV, which are not prime agricultural soils and have limitations that make them general adequate only for livestock grazing and timber production. The property is covered with extensive brush and is not currently used for cultivated crop production or livestock grazing, nor does it appear to have ever been utilized for agricultural uses(other than timber harvesting). None of the adjacent land is utilized for agriculture and the project site is not designated as Prime or Unique Farmland, or Farmland of Statewide Importance (California Resource Agency). The project site is not within 300 feet of any parcel zoned Agricultural(A-5 through A-160)or any parcel that has a General Plan designation of Orchard and Field Crops or Grazing and Open Land. The project parcel and the surrounding parcels are not subject to a California Land Conservation Act agreement("Williamson Act"). As a part of the processing of this project, comments were sought from the Butte County Agricultural Commissioner's office. The Agricultural Commissioner's office stated that the project would not have any impacts to agricultural lands or operations. Mitigation Measure: None required. 4.3 AIR QUALITY: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the applicable air qualityplan? X b. Violate any air quality standard or contribute substantially to an existing or projected air quality X violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient X air quality standard(including releasing emissions which exceed quantitative thresholds for ozoneprecursors)? d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting a substantial X number of people? Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "nonattainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the state standards for ozone and fine ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 4 of 29 ■ Project Name: Vanderbeek Rezone,) REZ 04-02 • particulate matter (PMio). Currently, Butte County is in attainment for all the federal (less_ stringent) air quality standards. This rezone project could ultimately result in up to three 6+ acre residential parcels on the project site. Future residential development of the project site would result in a cumulative impact on air quality created by the increase in vehicle traffic,the potential use of wood burning devices in the new residences, and dust from vehicular traffic on unpaved driveways on the site. The additional vehicle traffic is not anticipated to be significant because only three parcels (a net increate of two parcels) would be allowed under the requested TM-5 zone. The future three lots are well below the level determined to be significant by the Butte County Air Quality Management District for additional air-quality analysis(1997 Air Quality Attainment Plan). The air quality impact of additional wood stoves is addressed through existing building code requirements calling for wood stove and fireplace inserts installed in any, home to be EPA approved and designed to meet emissions standards of the California Clean Air Act of 1988 as amended. Future residential development on the site may create fugitive dust emission during site development activities, such ' as grading, excavation for foundations and utilities, driveway construction, and other soil work. The Butte County Air Quality Management District recommends incorporating measures to control fugitive dust emission for all road and other construction activities during project development, using such methods as site and•driveway watering and/or use of other acceptable soil palliatives. To ensure that fugitive dust emissions resulting from future. development on the site do not create any significant impact,Mitigation Measure# 1 is recommended that requires a note to be placed on future parcel/subdivision maps that address this potential impact. Mitigation Measure # 1: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Dust generated by the development activities shall be kept to a minimum with a goal'of retaining dust on the site. Follow the dust control measures listed below: a a. Water shall be applied by means of truck(s),hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. c. Water shall be applied to disturbed areas a minimum of two(2)times per day or more as necessary. d. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200& 205 (Nuisance and Fugitive Dust Emissions). e. • All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. U Existing.roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways,unless conditions warrant a greater frequency." Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Planning Division and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department of - Development Services shall ensure that this note is placed on all building and site development plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02•Page 5 of 29 ■ Project Name: Vanderbeek Rezone, REZ 04-02 • 4.4 BIOLOGICAL RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect,either directly or through habitat modifications,on any species identified as a candidate,sensitive,or special status X species in local or regional plans,policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,policies, X regulations or by the California Department of Fish ` and Game or U.S.Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act(including,but not limited to,marsh, X vernal pool,coastal,etc.)through direct removal, filling,hydrological interni tion,or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory X wildlife corridors,or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree X reservation policy ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation X Plan,or other approved local,regional,or state habitat conservationplan? g. A reduction in the numbers,a restriction in the range, or an impact to the critical habitat of any unique,rare, X threatened,or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite(including mammals,birds,reptiles, X amphibians,fish or invertebrates)? i. A deterioration of existing fish or wildlife habitat(for X foraging,breeding,roosting,nesting,etc.)? j. Introduction of barriers to movement of any resident or migratory fish or wildlife species? X k. Introduction of any factors(light,fencing,noise, human presence and/or domestic animals)which could X hinder the normal activities of wildlife? Impact Discussion: The project site is located in Ponderosa Pine and Montane Hardwood-Conifer vegetation habitats. Typical tree associates include ponderosa pine, white fir, incense-cedar, Coulter pine, Jeffrey pine, sugar pine, Douglas-fir,canyon live oak, Oregon white oak, and tan-bark oak. Associated shrubs include manzanita, ceanothus (buckbrush), mountain-misery, Pacific dogwood, hairy yerba-santa, yellowleaf silktassel, bitter cherry, California buckthorn, poison-oak, and Sierra gooseberry. Grasses and forbs include slimleaf brome, Orcutt brome, cacex, ■Butte County Department of Development Services■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 6 of 29■ _ Project Name: Vanderbeek Rezone, REZ 04-02 . smallflower melicgrass, bluegrass, bottlebrush'squirreltail, bedstraw, bracken fern, bush morning-glory, rhomboid clarkia, Child's blue-eyed maty, shrubby eriastrum, splendid gilia, Sierra iris, whisker-brush, Inyo bush lupine, summer lupine,purple nightshade,streptanthus,gooseroot violet,and wild iris. Bird species that may be found in these habitats include spotted owl, pgmy owl, woodpeckers, western flycatcher, Steller jay, chestnut-backed and mountain chickadee, golden-crowned kinglet, Hutton's vireo, solitary vireo, hermit warbler, robin, and varied thrush. Mammals that may be found include black bear, mule deer, mountain lion, bobcat,mountain coyote,deer mouse,Douglas'squirrel,golden mantel squirrel,chipmunk,gray squirrel,porcupine, Trowbridge's shrew,and shrew-mole. Some small quantities of riparian vegetation are found along the OWID water canal on the site. The site does not contain any natural drainages, wetlands or vernal pools. The project site is not located in any wildlife conservation areas identified in the Butte County General Plan. The soils and native vegetation on the project site has been extensively modified due to timber harvesting, fire, and/or other vegetation-clearing operations conducted on the project site. Large amounts of the project site consist of heavy brush. Many species of plants and animals within the State of California have low populations, limited distributions, or both. Such species may be considered"rare"and are vulnerable to extirpation as the state's human population grows and the habitats these species occupy are converted to agricultural and urban uses. A sizable number of native species and animals have been formally designated as threatened or endangered under State and Federal endangered species legislation. Others have been designated as"Candidates"for such listing; still others have been designated as"Species of Special Concern" by the California Department of Fish and Game (CDFG). The California Native Plant Society (CLAPS)has developed its own set of lists of native plants considered rare,threatened or endangered. Collectively,these plants and animals are referred to as"special status species." The California Natural Diversity Database (CNDDB Rarefind 2, Government Version, Jan-02-2003) was reviewed to determine if any special status species or habitats occur on the project site or in the project area. The CNDDB showed no occurrences of any special status species on the project site or in the project area. It is expected that some of the evergreen conifers on the project site could be affected by the ultimate development of this site. Typical of this area, homeowners try to retain as many trees as possible but there is no County ordinance to do so. Removal of conifers on the property would not be significant as these trees are in abundance throughout the upper elevations of Butte County. Three-Acre Conversion Permits are required to be obtained from the California Department of Forestry and Fire Prevention for the removal of any conifers due to home construction. There are numerous tan oak shrubs on the site. However, tanoak is not a true oak and is found extensively throughout the upper elevations of Butte County the Sierra Nevada,Cascade,and Coast Ranges. The project site is located in winter range for the Mooretown Deer Herd (Butte County Deer Herd GIS coverage), but is also located in a California Department of Fish and Game Designated Development Zone (DDZ). While development may have impacts to winter deer range habitat the Department of Fish and Game has identified this area as suitable for additional development because the existing parcels sizes have already compromised the area for useable deer habitat. The Department of Fish and Game does not oppose additional development provided certain mitigation measures are included as part of any development. Future development on the site could result in a significant impact to deer movements. The 1984 Report of the Butte County Deer Herd Study Panel recommends that fences in non-residential areas meet specific criteria in order to prevent barriers to deer movements on and off a property. The Report of the Butte County Deer Herd Study Panel also stipulates that deer impact fees be collected. To ensure that impacts to deer movement are minimized, future development on the project site would be conditioned to require non-residential fencing meet certain standards and that deer herd impact fees be collected. This project will have an impact to fish and/or wildlife due to impacts to deer herd movements. The payment of fees under Public Resources Code Section 21089 and as defined by Fish and Game Code Section 711.4 is required. These fees are payable by the project applicant upon filing of the Notice of Determination by the County. The proposal would not conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation Plan, local policies or ordinances protecting biological resources, or other approved local, regional, or state habitat conservation plan as there are no adopted plans affecting the project site. ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 7 of 29 ■ Project Name: Vanderbeek Rezone,DREZ 04-02 • Mitigation Measure # 2: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Fencing for areas other than residential areas shall be limited to a maximum of five(5)wire strands. The lowest strand shall be at least sixteen(16) inches above the ground and the upper strand shall be no higher than forty-eight(48) inches above the ground." Plan Requirements: The above note shall be placed on separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: The note shall be reviewed prior to recordation of future maps approved on the project site. Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building Division shall ensure that the note is placed on all building and site development plans.. Building inspectors shall spot check;and Building shall ensure compliance on-site. Mitigation Measure # 3: The following note shall be placed on a separate document which is to be recorded concurrently with,any future parcel or subdivision map on the project site or on an additional map sheet: "At the time of building permit application,pay the applicable Deer Herd Impact fee(s)currently in effect." Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Timing: The required fee shall be paid at time of building permit issuance, if adopted or in force at the time of application. Monitoring: The Department of Public Works and the Planning Division shall ensure that the required note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet the map. The Building Division shall collect the fees at the time of building permit issuance if the County'adopts the fees. 4.5 CULTURAL RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance X of a historical resource as defined in§15064.5? b. Cause a substantial adverse change in the significance of X an archaeological resource pursuant to§15064.5? c. Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d. Disturb any human remains,including those interred outside of formal cemeteries? X Impact Discussion:. Cultural resources include prehistoric and historic period archaeological sites; historical features,such as rock walls, water ditches and flumes,and cemeteries;and architectural features. Cultural resources consist of any human-made site, object(i.e., artifact), or feature that defines and illuminates our past. According to Butte County constraints mapping, the project site is located in an area considered to have a low to moderate archeological sensitivity. Often cultural resources are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of water. The project site is located in the lower portions of the Siena Nevada Mountain Range and could have been utilized in historic or prehistoric times. The project site does not contain any rock outcroppings that could have been utilized for shelter or rock mortar milling stations. ■Butte County Department of Development Services■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 8 of 29 ■ Project Name: Vanderbeek Rezone,*REZ 04-02 • The project site is not developed with any buildings,but the Oroville Wyandotte Canal,which parallels Forbestown Road, is located on the site. A dirt maintenance road is located adjacent to the canal. The Oroville Wyandotte Canal, which is an open, unlined ditch, was built numerous years ago and may be considered a significant cultural resource as defined by CEQA. There is one small bridge crossing of the canal on the project site, which is made of wood and appears to have been there for some time. The South Feather Water and Power Agency(SFWPA) has an easement for the canal and would not allow any disturbance of the canal itself. Development on the west side of the canal would most likely require either replacement of the existing bridge or construction of a new bridge. The existing bridge does not appear to be a significant cultural resource as defined by CEQA because it not represent a unique type of construction and is not associated with any important individual or a significant historical event. This rezone project,and any subsequent parcel map on the project site,is not expected to create any significant impacts to the canal. Based upon the above information and the local topography, it appears that the project is located in an area considered to be extremely sensitive for prehistoric,protohistoric,and historic cultural resources. Grading and other soil disturbance activities on the project site in relation to future residential development of the site have the potential to uncover historic or prehistoric cultural resources. To prevent impacts to historic or prehistoric cultural resources that may be uncovered during development activities on the project site, Mitigation Measure # 4 is recommended that requires all construction activity halt and the county Planning Division and a professional archaeologist be consulted to evaluate the find(s). Mitigation Measure # 4: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Should development activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris,cans,glass,etc.;structural remains;human skeletal remains),work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law,to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction activities. Monitoring: The Department of Public Works and the Planning Division shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building Division shall ensure the note is placed on all building and site development plans. Should cultural resources be discovered,the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. .. ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 9 of 29■ : Project Name: Vanderbeek Rezone,#REZ 04-02 • 4.6 GEOLOGIC PROCESSES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant" Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial adverse effects,including the risk of loss,injury,or death involving: 1. Rupture of a known earthquake fault,as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the X State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic-related ground failure,including X liquefaction? 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable,or ,that would become unstable as a result of the project, X and potentially result in on-or off-site landslide,lateral spreading,subsidence,liquefaction or collapse? d. Be located on expansive soil,as defined in Table 18-1- B of the Uniform Building Code(1994),creating X substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal X system where sewers are not available for the disposal or waste water? Impact Discussion: The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The site is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault, located approximately 12 miles from the project site, where activity on August 1, 1975 resulted in the Oroville earthquake. This earthquake had a Richter magnitude of 5.7 and resulted in approximately 2.2 miles of ground rupture along the western flank of Cleveland Hill. In the northwest corner of Butte County near Chico there are a series of short, north-northwest trending faults similar to the Cleveland Hill fault. These faults appear to be an extension of the Bear Mountain Fault or Foothills Shear Zone. Minor seismic activity has occurred in the area of these short faults; however, other geologic evidence indicates these faults are not active(Butte County General Plan 1977). The Butte County GIS Fault Lines theme shows that a possible fault with activity unknown is located approximately 0.65 miles to the east of the project site. This potential fault has not experienced any known movement during historical times. No impacts are anticipated since no rupture of a known earthquake fault exists in the project area. The 80-mile-long Midland-Sweitzer fault is located approximately 50 miles southwest of the project site. This fault is considered active and has caused historic earthquakes of Richter magnitudes 6 to 6.9 in the area in 1892. There is some speculation as to the exact location of the historic earthquake epicenters and some question if they actually occurred on the Midland-Sweitzer fault(Butte County, 1977). Approximately 5 miles west of Butte County there is a north trending fault system known as the Willows fault. This fault is approximately 40•miles long and displaces Cretaceous sediment in the Sacramento Valley. It does not appear to displace surface sediment and has been mapped principally by geophysical methods. However,there have been enough historical seismic events in the vicinity of this fault to conclude that it should be considered potentially active(Butte County General Plan 1977). ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 10 of 29 ■ Project Name: Vanderbeek Rezone,*REZ 04-02 • Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings, pipes, light poles, roadways, and other improvements would be designed and installed in accordance with Uniform Building requirements.. Because the project site appears to be located such that the probability of significant groundshaking is low, and because the future structures on the project site would be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard Zone,potential geologic impacts would be less than significant. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a low potential for liquefaction. The impact would be less than significant. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is a moderate potential for landslides in this area. The lack of steep slopes on the project site and on the surrounding parcels would not put the project site at risk of a landslide. Grading standards required to be met for the issuance of a building permit would reduce any potential.impact. The soil erosion potential for the project site is moderate, according to Butte County General Plan GIS data. The soils on the project site—decomposed granite - are not prone to soil erosion. The project site contains very gentle slopes that generally would not be at risk of significant erosion. Large amounts of grading associated with future residential development on the site are not expected due to the gentle slopes on the site and due to the low density of development. Additionally, the use of standard construction techniques would prevent any significant erosion occurring from the site. Soil tests may be required prior to the issuance of building permits on the site to determine the expansiveness of the soil. The Butte County Building Division may require that the foundations of future dwelling on the site be designed and constructed to handle the shrink/swell characteristics of expansive soils. Standard grading and foundation design would reduce any potential impacts. Sewage disposal for future dwellings on the site would be handled by individual,on-site septic systems. The soils on the project site are generally adequate for septic systems. The Environmental Health Division does not object to the use of . septic systems on the project site and did not recommend any conditions with regards to this rezone project. Future land divisions on the project site would require that adequate soil meeting the sewage disposal requirements of Appendix VII of the Butte County Improvement Standards be proven to exist on all proposed parcels. This may require soil tests. Six acre parcels are generally large enough to contain a septic system, replacement leachfield area, and a well. The Butte County Environmental Health Division, prior to the submittal of a parcel/subdivision map on the project site, may require extensive soil testing to prove that there is adequate soil on each proposed parcel. All new septic systems on the project site must be installed under permit from the Butte County Environmental Health Division. Mitigation Measure: None required. 4.7 HAZARDS AND HAZARDOUS MATERIALS: Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use,or X disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and X accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials,substances,or waste within one- X quarter mile of an existing or proposed schools? ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 11 of 29 ■ Project Name: Vanderbeek Rezone,FPe#REZ 04-02 • Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and,as a result, X would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport,would the X project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people X residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency X evacuationplan? h. Expose people or structures to a significant risk or loss, ury or death involving wildland fires,including X where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Impact Discussion: The project site is not located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 (Cortese List) and is not near any listed sites or sites known or suspected to contain hazardous materials. The project does not involve the use of hazardous materials and would not create any hazardous materials. No impact is anticipated. The property is not located within the vicinity of an airport, airport land-use plan, or private airstrip, and does not interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated. The project is located within a State Responsibility Area(SRA)for wildland fires and construction of homes in this area makes fighting wildland fires more difficult because fire resources must protect structures before wildlands. The nearest staffed fire station is Station # 54 (CDF staffed) located approximately 6.3 miles to the southwest at Robinson Mills. Volunteer station#53 is located approximately 10.5 miles away in Clipper Mills. The Butte County Fire Department/California Department of Forestry and Fire Prevention reviewed the project and did not have any specific recommendation with regard to the rezone request. Public Resources Code (PRC) 4290 requires that there be a minimum 100-foot defensible space around all structures located on a parcel within the SRA. Because of this 100-foot fuel reduction requirement,the 10-foot side and rear yard building setbacks of the proposed TM-5 zone are not adequate. Property owners placing structures within 10 feet of a property line would be restricted from clearing or reducing vegetation on the adjacent parcel. To allow property owners to have control over fuel reduction around the structures on their property,Mitigation Measure#5 is recommended that requires all new structures on the site to meet the requirements of PRC-4290 4291. The Butte County Fire Department/California Department of Forestry and Fire Prevention reviews all building permits for compliance with PRC 4290 and 4291 and would ensure that no structures are placed within 100 feet of property lines to allow for the required defensible space. CDF, through routine inspection, is the responsible agency for ensuring that vegetation within 100 feet of structures is removed or reduced so as not to cause any significant impacts. ■Butte County Department of Development Services■ ■ Initial Study—Vanderbeek Rezone 04-02 ■ Page 12 of 29■ Project Name: Vanderbeek Rezone,File#REZ 04-02 r Mitigation Measure # 5: The following note shall be placed on a separate document which is to be recorded. concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "The building setback from all property lines shall comply with the requirements of Public Resources Code 4290 and 4291 (Fire Safe Regulations)." Plan Requirements: The above note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition. Monitoring: The Public Works Department and the Butte County Fire Department/CDF shall ensure'that the note is placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet. The Butte County Fire Department/CDF will review all of building and site plans for compliance with PRC 4290 and 4291. The Building Division and the Planning Division shall check building and site plans for compliance prior to issuance of a building permit. Building inspectors shall ensure compliance by conducting an on-site inspection prior to the Parcel inspection. 4.8 HYDROLOGY AND WATER QUALITY: Potentially Less Than Less Than No .Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge " X requirements. b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g.,the production X rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course X of a stream or river,in a manner which would result in substantial erosion or siltation on-or off-site? d. Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a stream or river,or substantially increase the rate or X amount of surface runoff in a manner which would result in flooding on-or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage X systems or provide substantial additional'sources of polluted runoff? f. Otherwise substantially degrade water quality? X g. Place housing within a 100-year flood hazard area as mapped by Federal Flood Hazard Boundary,Flood X Insurance Rate Map,or other flood hazard delineation map? h. Place within a 100-year flood hazard area structures X which would impede or redirect flood flows? ■Butte County Department of Development Services ■ ■ Initial Study—Vanderbeek Rezone 04-02 ■Page 13 of 29 ■ Project Name: Vanderbeek Rezone,*REZ 04-02 • Potentially Less Than Less Than No Reviewed' Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated L Expose people or structures to a significant risk or loss, injury,or death involving flooding,including flooding as X a result of the failure of a levee or dam? j: Inundation by seiche,tsunami,or mudflow? X Impact Discussion: Domestic water for future residential development on the site would be obtained from the South Yuba Water Company. Wells may be placed on the project site for irrigation uses. In the Forbestown area, sufficient quantities of domestic water are usually obtained from deep auriferous gravel beds,and wells may have to be drilled up to and greater than 500 feet. The project is not expected to result in a significant reduction in ground water supplies in the project area. Future residential development on the project site would ultimately result in the creation of new impervious surfaces, such as dwellings, accessory structures, and driveways. While the amount of impervious surface area relative to 6+ acre parcels is generally small and the amount of runoff is expected to be minimal, future land divisions on the site. may require that a storm water drainage plan be approved by the Public Works Department. Additionally, a Construction Storm Water Permit will be required by the State Water Resources Control Board if any development on the site results in a disturbance (including clearing, excavation, filling, and grading) of one (1) or more acres. Construction activities that result in a land disturbance of less than one acre,but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. Development of the project site with three 6+acre parcels may not trigger the need for the Storm Water Permit. There are no natural drainages on the project site. The Oroville Wyandotte Canal (also know as the Forbestown Ditch), which is owned by the South Feather Water and Power District(formerly OWID), is located on the site (on the west side of Forbestown Road). No impacts are expected to occur to the Oroville Wyandotte Canal because the South Feather Water and Power District owns the easement that the canal lies in and strictly controls access to and across the canal. The existing bridge across the canal may be demolished and a new bridge constructed in order to provide vehicular access to the area on the west side of the canal. The project site is not located within a 100-year flood zone or 500-year flood zone as shown on Butte County GIS maps, which are based on Federal Emergency Management Agency Flood Insurance Rate Map 06007C-0875C, dated June 8, 1998. The property is not located in an area prone to seiche,tsunami, or mudflow. No impact would occur with respect to these natural hazards. Mitigation Measure: None required. ■Butte County Department of Development Services■ ■Initial Study—Vanderbeek Rezone 04-02■Page 14 of 29■ Project Name: Vanderbeek Rezone Re REZ 04-02 • 4.9 LAND USE: Potentially Less Than Less Than No Reviewed. Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide an established community? X b. Conflict with an applicable land use plan,policy,or regulations of an agency with jurisdiction over the project(including,but not limited to,the general X plan,specific plan,local coastal program,or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation X plan or natural community conservation plan? Impact Discussion: The property is designated as Agricultural Residential in the Butte County General Plan Land Use Element. .Consistent zones listed for this designation are A-20, A-40, TM-20, TM-40, FR-20, FR-40, and C-F. Conditionally consistent zones are A-5, A-10, TM-1 thru TM-10, FR-2 thru FR-10, SR-1, AR-2.5, RT-lA, and PUD. The Agricultural Residential designation calls for a minimum parcel size of 1 to 40 acres, with one single- family dwelling per parcel. The rezone from U to TM-5 would result in the potential for the creation of three 6+ acre single family residential parcels on the project site. The potential 6-acre lots would be generally consistent with the other parcels in the area which range in size from 0.75 to 75 acres,with the majority of these parcels being approximately five acres in size. The Agricultural-Residential General Plan land use designation states that a consistent parcel size is 20 acres or greater in size, but does allow for a parcel size of less than five acres if five conditionally consistent criteria can be met. These five criteria and a response to each one are: 1. Compatible with neighboring agricultural activities. The project site is not located in an agricultural area. No agricultural uses, other than timber harvesting, are established on any of the parcels that surround the project site. The project site is not adjacent to lands that have a General Plan land use designations of Orchard and Field Crops or Grazing and Open Lands. The Butte County Agricultural Commissioner stated that the project would not impact any agricultural operations. The project will not create any impacts to agricultural activities. 2. Evidence of adequate water and sewage disposal capacity. Domestic water is proposed to be obtained from the South Yuba Water Company. Usable sewage disposal areas as required by Appendix VII of the Butte County Subdivision Ordinance have not been proved to exist on the site. However, the soils on the project site are generally suitable for on-site sewage disposal systems. It is expected that there is adequate soil for a septic system on each of the three 6+ acre parcels that could ultimately be created as a result of this rezone project. 3. Availability of adequate fire protection facilities. • The nearest staffed fire station-is Station # 54 (CDF staffed) located approximately 6.3 miles to the southwest at Robinson Mills. Volunteer station #53 is located approximately 10.5 miles away in Clipper Mills. All new dwellings placed on the project site would be required to have interior fire sprinkler systems to help reduce impacts to fire protection services. A fire hydrant is located approximately 425 feet to the southwest of the project site. 4. Adequately maintained approved road access with sufficient capacity to service area. The project site fronts on Forbestown Road, which is a public road. Forbestown Road along the project site is chip sealed and is of adequate width to provide for two-way traffic. Forbestown Road is a through road, and connects to LaPorte Road to the south (in Yuba County). A portion of Forbestown Road south of ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 15 of 29 ■ Project Name: Vanderbeek Rezone,Fiie#REZ 04-02 • the project site is dirt/gravel but appears to be traversable year-round. Forbestown Road along the project site carries only local traffic and has a very low vehicle count. A future parcel map on the project site that would create three 6+ acre parcels has the potential to create approximately 29 vehicle trips per day, although it is expected the actual number of vehicle trips would be must less due to the rural location of the project site. 5. Reasonable accessibility to commercial services and schools. A K-8 school is located in the community of Challenge, approximately six miles to the south of the project site. High schools are located in the Marysville, located approximately 40 miles to the south of the project site. School bus service is provided to these schools. Small general stores are located in Forbestown and Challenge. Extensive commercial services are located in Oroville, approximately 24 miles from the project site. Based upon the above responses, the project can be considered to be conditionally consistent with the Agricultural Residential General Plan land use designation. The Agricultural Residential General Plan land use designation lists eleven zoning factors that must be considered when determining the appropriate zoning district for a particular area. The zoning factors, along with staff's response,are: • Existing parcel sizes and residential densities Surrounding and nearby parcels range in size from 0.75 to 80 acres. There are twelve parcels to the south of the site that range in size from 3.3 to 5 acres. The parcels to the north range in size from 0.75 to 10 acres. The parcel to the east of the site is 14+acres, while the parcel to the west is 80 acres. Land uses on the surrounding is primarily single family dwellings, with some timber harvesting. The requested TM-5 zone would be consistent with most of the surrounding and nearby parcel sizes and land uses. • Slope The site has an average slope of approximately 3%, with the steepest slope being approximately 10%. The lack of steep slopes on the site would not hinder residential development on the three future parcels that may be created on the project site as a result of this rezone project. • Soil conditions and water availability The soils on the project site are generally adequate for individual, on-site septic systems. The site does not contain any wetlands or vernal pools, and does not appear to be subject to high groundwater levels. Domestic water for any future dwellings on the site would be obtained from the South Yuba Water Company. Well water may be utilized for irrigation purposes. • Effects on adjacent uses, crop production, livestock grazing, forestry, resources extraction, and wildlife habitat This rezone to TM-5 could result in the creation of three 6+acre parcels on the project site, each of which could be developed with a single family dwelling unit. No agricultural uses, other than some timber harvesting, is found on the surrounding parcels. No mineral resources are extracted from any of the surrounding parcels. The project site does not contain any critical animal habitat. • Proximity to public roads and other public facilities. The project site fronts on Forbestown Road, which is a public road. A K-8 public school is located in the community of Challenge, approximately six miles from the project site. A post office is located in nearby Forbestown. No other public facilities exist in the project area. • Distance from airports,railroads and industrial uses. No airports, railroads, or industrial uses are located in the project area. These types of uses would not have any impact to future residents on the project site. • Existing utilities,walkways and drainage facilities. Electrical and telephone lines are located on Forbestown Road and can easily be extended to the project site. Piped natural gas service is not available in the Forbestown area, and many homeowners utilize ■Butte County Department of Development Services ■ W Initial Study—Vanderbeek Rezone 04-02 Page 16 of 29■ Project Name: Vanderbeek Rezone,F!k#REZ 04-02 • propane. Domestic water can be obtained from the South Yuba Water Company. The project site is located in a rural area, and County road standards do not require the installation of curb, gutter, and sidewalks along roadways. Drainage facilities in the area are limited and generally not needed due to the low density of development in the project area. Stormwater runoff from parcels in the project area i's normally directed into natural drainages. • Potential for surface cracking, landslides,and erosion Surface cracking, usually caused by expansive soils, is not a problem in the project area. The project site is not prone to landslides because it does not contain any slopes. The soils on the site — decomposed granite—are not generally prone to erosion. • Effect on noise,traffic flow and safety,water quality, wildlife habitat and general environmental quality This rezone to TM-5 could result in the creation of three 6+acre parcels on the project site, each of which could be developed with a single family dwelling unit. The resulting residential uses would result in a minor increase in noise in the project area, but this increase would not be significant and would be compatible with the other residential uses in the project area. The increase in vehicle in vehicular traffic would be minor, adding approximately 29 additional vehicular trips to the roads in the area. The roads in the project area have the capacity to handle the minor increase in traffic generated by the project. • Local desires Due to its rural mountain location, but relatively short drive to Oroville, the Forbestown area is very desirable and faces increasing pressure for additional residential development. At this time the local desires regarding this rezone project site is not known. It is possible that adjoining property owners would be opposed to any project that results in land divisions on the project site. This rezone project requires approval by both the Planning Commission and the Board of Supervisors, both of which will hold public hearings on this project. Local desires would not be known until the hearings are held. Public hearings_ would also be held for any future land divisions on the project site. • Potential for pest insect breeding. This rezone project, and a subsequent parcel map to create three 6+acre residential parcels on the project site, are not expected to create a potential for pest or insect breeding because residential uses typically do not include improvements that would be conducive to pest or insect breeding. The property is not within a habitat conservation plan or natural community conservation plan because no such plan exists for the area. No impact would be incurred. ` Mitigation Measure: None required. 4.10 MINERAL RESOURCES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Result in the loss of availability of a known mineral resource that would be of value to the region and the X residents of the state? , b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local X general plan,specific plan,or other land use plan? Impact Discussion: Forbestown was started as a mining community during the middle of the 19th Century,with most of the mines located to the north of the town. Gold was the primary mineral being'mined. No large scale mining operations have occurred in the Forbestown area for over 60 years. No mining operations occurred on the project site. The ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 17 of 29■ i Pro1 ect Name: Vanderbeek Rezone,File#REZ 04-02 • proposed project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. Therefore,the project would have no impact on mineral resources. Mitigation Measure: None required. 4.11 NOISE: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan X or noise ordinance,or applicable standards of other agencies? b. Exposure of persons to or generation of excessive X ground bome vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing X without theproject? d:' A substantial temporary or periodic increase in ambient noise levels in the project vicinity above X levels existing without the project? e. For a project located within an airport land use plan or,where such a plan has not been adopted,within two miles of a public airport or public use airport, X would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working X in the project area to excessive noise levels? Impact Discussion: The project site is located in a rural residential area that generally has low noise levels. The project site is subject to noise originating from vehicles on Forbestown Road,which traverses the project site. The vehicle noise emanating from vehicles on Forbestown Road is not expected to cause any significant impacts to the future residents of the site due to the low number of vehicles that utilize this portion of Forbestown Road. It is expected that the future dwellings on the site would be located away from Forbestown Road, thus reducing noise impacts to the future residents on the project site. Construction activities on the site would temporarily generate high noise levels on and adjacent to the project site intermittently during project development activities. During construction,the highest noise levels would result from operation of heavy earthmoving equipment, which can be expected to generate noise levels of between 85 to 90 decibels (dBA) at a distance of 50 feet from the source. Noise levels will be reduced, however, by a factor of six dBA with each doubling of distance from the noise source and by intervening topography. Construction noise activities related to the construction of ten single family dwellings at varying times is temporary in nature and is not seen as significant.The General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL for construction activities. Given the size of the parcels and significant distance from the nearest residential structures, construction noise is not expected to have a significant impact on nearby residence. Furthermore,any such noise disturbance would be intermittent and short-term in nature. Because of the relatively small increment of traffic added to the local roadways, the project would not significantly affect future traffic noise levels. The project is not located in the vicinity of an airstrip or within an airport land use plan. No impact would occur. Mitigation Measure: None required. ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 18 of 29 ■ Project Name: Vanderbeek Rezone,File REZ 04-02 • t 4.12 HOUSING: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area,either directly(for example,by proposing new homes and X businesses)or indirectly(for example,through extension of roads or other infrastructure? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people,necessitating X the construction of replacement housing elsewhere? Impact Discussion: Butte County population has grown at a rate at or below official population projections for the past 10 years. Projected population for 2000 was 207,159, while the actual census population was 203,171. The growth rate for Butte County between the 1990 and 2000 was 11.6%,or.l.1%per year. The proposed rezone would result in the potential for three parcels on the project site (a net increase of two parcels), each of which could be developed with a single family dwelling unit. Thus,the project has the potential to add an estimated seven people to Butte County (3 dwelling units X 2.414 persons/unit—assuming all occupants are new residents to Butte County). This is not considered a significant amount and is consistent with the estimated 2% annual growth rate for the County. The project would not significantly affect the population of the area because the proposed density is consistent with most of the surrounding area. The extension of public infrastructure, such as public water or a sewer system,could cause an increase in population growth in the area. The construction of new roads or the extension of existing roads could also cause an increase in population. The project would not extend any public services, such as public water or public sewer systems, to the project area and no new roads or the extension of existing roads would be required. Approval of the rezone to TM-5 could potentially encourage other landowners in the project area to seek to rezone their parcels to TM-5.and seek to divide their parcels. Because many of the surrounding an nearby parcels are less than 10 acres in size, a rezone of these parcels to TM-5 would not result in a large number of parcels in the project area being divided. The project would not displace individuals or housing. No impact would occur. Mitigation Measure: None required. 4.13 PUBLIC SERVICES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated ' a. Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities,the construction of which X could cause significant environmental impacts,in order to maintain acceptable service ratios, response times,or other performance objectives for any of the public services? ■Butte County Department of Development Services■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 19 of 29 ■ Project Name: Vanderbeek Rezone,File REZ 04-02 • Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated b. .Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X f. Other public services? X Impact Discussion: The project site is located in an area designated as having a high to very high fire hazard according to GIS data from the California Division of Forestry. This rezone project has the potential to create three residential parcels (a net increase of two parcels), which would result in an incremental increase in demand for fire protection services. The Butte County Fire Department/California Department of Forestry and Fire Prevention states that cumulative development in rural areas would impact their ability to provide fire protection services. This agency states that the installation of automatic fire suppression sprinkler systems in residential structures, the use of fire resistant building materials and the availability of water supply systems would reduce the demand for fire protection services. As a mitigation for any future land divisions on the project site, all new residential structures on the site are required to be equipped with an automatic fire suppression sprinkler system unless the parcel is connected to a pressurized community water system. The interior fire sprinkler system helps keep a house fire from spreading rapidly and is also a life-saving measure, which provides residents additional time to escape from a burning house. The nearest fire hydrant is located approximately 425 feet southwest of the project site (at Bamford Way). Another fire hydrant is located approximately 1,200 feet to the northeast of the site (on the north side of Forbestown Road). The project could result in up to six new dwelling units being placed on the project site (after approval of a subsequent parcel map), which could have significant impacts to County services, such as law enforcement, fire protection, general services, libraries, and roads. The Butte County Board of Supervisors recently approved the collection of development impact fees for new dwellings units. The residential development fee is collected at time of building permit issuance for a dwelling unit and is utilized to fund library, general government, sheriff, and fire facilities, and for road improvements. Additionally, County Code requires the payment of a Sheriff Jail Facilities impact fee at the time of issuance of a building permit for a dwelling unit. The payment of the residential development impact fees would help offset the cost of providing County services to the project site and would reduce the impacts of development on the project site with respect to public services to a P J mP P P J P less than significant level. A note would be required to be placed on any future parcel map on the project site that states payment of these fees is required at time of building permit issuance. Any second dwelling units placed on the project site would also be subject to payment of the residential development impact fee. The proposal would result in an incremental demand for school facilities in the area. The project site is located in the Marysville Joint Unified School District and the nearest school is the Yuba Feather Elementary School (grades K-8), located approximately 5 miles to the south of the project site in Challenge. High schools are located in the Marysville area and school bus service to Marysville high schools is available in the project area. The applicant is required to place a note on any future map that states: "A development impact fee for school facilities shall be paid prior to issuance of building permits. The fee amount will be determined and calculated as of the date of application for the building permits." While school districts maintain that these fees do not fully mitigate the impacts of the project,the County is precluded from imposing additional fees or mitigation by state legislation. The project would result in the potential development of three dwellings,which would not create significant impacts to area parks and facilities. A less than significant impact is anticipated to other public services. Mitigation Measure # 6: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Fire suppression sprinkler systems shall be installed in all new 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, unless a pressurized community water system, with hydrants that meet Fire Department specifications, serves the parcels." ■Butte County Department of Development Services■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 20 of 29 ■ Project Name: Vanderbeek Rezone,Fi•REZ 04-02 • Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: Interior fire sprinkler systems shall be installed in all new residential structures at the time of building construction. Monitoring: The Department of Public Works and the Planning Division shall ensure that the note is placed on'a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building Division shall ensure the note is placed on all building and site development plans. Building Division plan checkers shall ensure that the building plans for residential structures include interior fire sprinkler systems. Building inspectors shall ensure all residential structures have a functioning interior fire sprinkler system prior to the final inspection,by conducting an on-site inspection. 4.14 RECREATION: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such X that substantial physical deterioration of the facility would occur or be accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities X which might have an adverse physical effect on the environment? Impact Discussion: The project site is located within the Feather River Recreation and Park District. No public or private recreational facilities are location on or near the project site. The site is located near the Plumas National Forest, where numerous recreation opportunities can be found. No recreation facilities are proposed as part of this project. This rezone project, which could result in up to three parcels on the project site, is not expected to have a significant impact on any existing recreational facilities. Mitigation Measure: None required. 4.15 TRANSPORTATION/TRAFFIC: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system(i.e.,result in a substantial increase in X either the number of vehicle trips,the volume to capacity ratio on roads,or congestion at intersections)? b. Exceed,either individually or cumulatively,a level of service standard established by the county congestion X management agency for designated roads or highways? ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 21 of 29 ■ Project Name: Vanderbeek Rezone,File#REZ 04-02 • . t . Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated c.. Result in a change in air traffic patterns,including either an increase in traffic levels or a change in X location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g.,sharp curves or dangerous intersections)or X incompatible uses e.g.,farm equipment)? e. Result in inadequate emergency access? X L Result in inadequatepar*capacity? X g. Conflict with accepted policies,plans or programs supporting alternative transportation(e.g.,bus X turnouts,bicycle racks)? Impact Discussion: The project site fronts on Forbestown Road, which is a public road. Forbestown Road along the project site is chip sealed and is of adequate'width to provide for two-way traffic. Forbestown Road is a through road, connecting to LaPorte Road to the south(in Yuba County). A portion of Forbestown Road south of the project site is dirt/gravel but appears to be traversable year-round (the dirt/gravel section is within the Plumas National Forest). Forbestown Road along the project site carries only local traffic and has a very low vehicle count. The proposed rezone has the potential to create three parcels for residential use, each of which would generate approximately 9.55 vehicle trips per day (Institute of Traffic Engineers Trip Generation Manuao, although dwellings in rural areas typically generate less than 9.55 vehicle trips per day. Based upon these estimates,the three parcels could generate approximately 29 vehicle trips per day, or 57 vehicle trips if a second dwelling unit is placed on each proposed parcel, although the actual number of vehicular trips is expected to be must less due to the project site's rural location. There is adequate sight distance of Forbestown Road from the project site. Butte County Code Section 24-240 (b) requires two off-street spaces per dwelling. The three 6+acre parcels that would be allowed by the proposed TM-5 zone would have sufficient area to meet this requirement. This proposed rezone would not conflict with accepted policies, plans or programs supporting alternative transportation. Mitigation Measure: None required. 4.16 UTILITIES AND SERVICE SYSTEMS: Potentially Less Than Less Than No Reviewed . Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of X existing facilities,the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing X facilities,the construction of which could cause significant environmental effects? ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 22 of 29■ Project Name: Vanderbeek Rezone, REZ 04-02 . Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact . Under Impact with Impact Previous Mitigation Document Incorporated d. Have sufficient water supplies available to serve the project from existing entitlements and resources,or are new or expanded entitlements X needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the X project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste X disposal needs? g. Comply with federal,state,and local statutes,and X regulations related to solid waste? Impact Discussion: The proposed project would include individual septic systems for sewage disposal. The project would not have an impact on any wastewater treatment facilities because individual septic systems would be utilized. Domestic water would be obtained from the South Yuba Water Company. The South Yuba Water Company did not indicate that they could not provide domestic water to the project site. Some on and off-site storm water drainage improvements may be required due to development of the project site. No significant environmental impacts would be anticipated because drainage improvements do not appear to be extensive. The Butte County Public Works Department would determine the need for on and off-site storm water facilities and would ensure the necessary improvements are installed when a proposal to divide the property is ti received. Future land division(s) on the project site to create the three parcels allowed by this rezone project would increase the stream of waste being deposited in the Neal Road Landfill by a minor amount. According to the Butte County Public Works Department,the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste with the incorporation of mitigation measures specified below. Mitigation Measure: None required. ■Butte County Department of Development Services ■ 0 Initial Study—Vanderbeek Rezone 04-02 ■Page 23 of 29 ■, Project Name: Vanderbeek Rezone,#REZ 04-02 • 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (SECTION 15065): Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have the potential to substantially 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 X 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? b. Have impacts that are individually limited,but cumulatively considerable? ("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection X with the effects of past projects,the effects of other current projects and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human X beings,either directly or indirectly? The project has the potential to contribute impacts that are individually limited,but cumulatively considerable with respect to Initial Study Checklist Items 4.3—Air Quality; 4.4—Biological Resources; 4.5—Cultural Resources; 4.7 — Hazards and Hazardous Materials; and 4.13 — Public Services. Cumulative impacts to these areas would be mitigated due to the inclusion of Mitigation Measures # 1 through 6 as itemized under.Section 5 — Mitigation Measures and Monitoring Requirements. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitieation Measure # 1: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s),hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. c. Water shall be applied to disturbed areas a minimum of two(2)times per day or more as necessary. d. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200& 205(Nuisance and Fugitive Dust Emissions). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. f Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways,unless conditions warrant a greater frequency." Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. ■Butte County Department of Development Services■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 24 of 29 ■ Project Name: Vanderbeek Rezone,#REZ 04-02 • Monitoring: The Planning Division and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department of Development Services shall ensure that this note is placed on all building and site development plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. Mitigation Measure # 2: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Fencing for areas other than residential areas shall be limited to a maximum of five(5)wire strands. The lowest strand shall be at least sixteen(16) inches above the ground and the upper strand shall be no higher than forty-eight(48) inches above the ground." Plan Requirements: The above note shall be placed on separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: The note shall be reviewed prior to recordation of future maps approved on the project site. Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building Division shall ensure that the note is placed on all building and site development plans. Building inspectors shall spot check;and Building shall ensure compliance on-site. Mitigation Measure # 3: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the.project site or on an additional map sheet: "At the time of building permit application,pay the applicable Deer Herd Impact fee(s)currently in effect." Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Timing: The required fee shall be paid at time of building permit issuance, if adopted or in force at the time of application. Monitoring: The Department of Public Works and the Planning Division shall ensure that the required note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet the map. The Building Division shall collect the fees at the time of building permit issuance if the County adopts the fees. Mitigation Measure # 4: 'The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Should development activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris,cans,glass,etc.;structural remains;human skeletal remains),work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law,to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction activities. Monitoring: The Department of Public Works and the Planning Division shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building Division shall ensure the note is placed on all building and site development plans. Should cultural resources be discovered,the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure # 5: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "The ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 25 of 29 ■ Project Name: Vanderbeek Rezone#REZ 04-02 building setback from all property lines shall comply with the requirements of Public Resources Code 4290 and 4291 (Fire Safe Regulations)." Plan Requirements: The above note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition. Monitoring: The Public Works Department and the Butte County Fire Department/CDF shall ensure that the note is placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet. The Butte County Fire Department/CDF will review all of building and site plans for compliance with PRC 4290 and 4291. The Building Division and the Planning Division shall check building and site plans for compliance prior to issuance of a building permit. Building inspectors shall ensure compliance by conducting an on-site inspection prior to the Parcel inspection. Mitigation Measure # 6: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Fire suppression sprinkler systems shall be installed in all new 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, unless a pressurized community water system, with hydrants that meet Fire Department specifications, serves the parcels." Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: Interior fire sprinkler systems shall be installed in all new residential structures at the time of building construction. Monitoring: The Department of Public Works and the Planning Division shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building r Division shall ensure the note is placed on all building and site development plans. Building Division plan checkers shall ensure that the building plans for residential structures include interior fire sprinkler systems. Building inspectors shall ensure all residential structures have a functioning interior fire sprinkler system prior to the final inspection,by conducting an on-site inspection. 6.0 ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Board of Supervisors. Agricultural Preserves Map,established by Resolution No. 67-178. Oroville,CA: Butte County Planning Department, 1987. 2. Butte County Planning Department. Archaeological Sensitivity Mg. Oroville,CA: James P.Manning, 1983. 3. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 4. Butte County Planning Department. Butte County GIS Data. Oroville,CA:November 2001. 5.1 Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville,CA: CH2M Hill, 1977. 6. Butte County Planning Department. Environmental Checklist Form, Evaluation of Environmental Impact. File Number 93-15. Oroville,CA: February 8, 1993. 7. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville,CA: CH2M Hill, 1977. 8. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville,CA: CH2M Hill, 1977. 9. Butte County Planning Department. Liquefaction Potential Map 11-2,Seismic Safety Element. Oroville,CA: CH2M Hill, 1977. 10. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4,Safety Element. Oroville,CA: CH2M Hill, 1977. 11. Butte County Planning Department. Noise Element Map IV-1,Scenic Highway Element. Oroville,CA: CH2M Hill, 1977. ■Butte County Department of Development Services ■ 0 Initial Study—Vanderbeek Rezone 04-02 ■Page 26 of 29■ Project Name: Vanderbeek Rezone#REZ 04-02 • 12. Butte County Planning Department. Notice-of Determination,Rezone 93-15,John Mcglaughlin.Filed with State Clearinghouse,Office of Planning and Research. July 13, 1993. 13. Butte County Planning Department. Scenic Highways Map V-1,Scenic Highway Element. Oroville,CA: CH2M Hill, 1977. 14. Butte County Planning Department. School District Man. Oroville,CA. 15. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1,Safety Element. Oroville, CA CH2M Hill, 1977. 16. California Department of Transportation,Traffic Operations Division.2000 All Traffic Volumes on California State Highway System. 2001. 17. California Department of Transportation,Traffic Operations Division. 1998 Truck Volumes on California State Highway System. 1998. 18. California Department of Transportation,Traffic Operations Division. 1998 All Traffic Volumes on California State Highway System. 1998. 19. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 20. Northwestern District Department of Water Resources. Chico Nitrate Study Map,Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 21. USGS Quad Maps. ' 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [X] Building Manager [ ] BCAG [X]County Counsel [X] LAFCo [X] Assessor [ ]Development Services [ ] Chico Unified School District [X] Air Quality Management District [ ]City of Chico [ ] Sheriff [ ] City of Gridley [ ]City of Oroville [ ] Town of Paradise [X] CA Department of Forestry [X] Caltrans(Traffic) [ ] CA Central Reg. Water Quality [ ] Department of Conservation [X] CA Dept. of Fish and Game [X] Highway Patrol [ ] Army Corps of Engineers [ ]U.S.Fish&Wldlife Service [X] Agricultural Commissioner` [ ] Butte Co.Farm Bureau [X] South Yuba Water Company [ ] Feather River Recreation Dist. [ ] El Medio Fire Department [X]Marysville Unified School Dist [ ] LOAPUD [ ] PG&E [ ]Pacific Bell [ ] Palermo Union School District 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO , PROPOSED PROJECT: UWe have reviewed the Initial Study for the Monty A. Vanderbeek Rezone (APN # 073- 300-027) application and particularly the mitigation measures identified herein. We hereby modify the applications on file with the Butte County Planning Department.to include and incorporate all mitigations set forth in this Initial Study. ' Project SponsorYr est ct Aye Date Project Sponsor/Project Agent . Date k:\planning\projects\rez\vanderbeek.04-02\vanderbeek rezone initial study.doc ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 27 of 29■ Project Name: Vanderbeek Rezone#REZ 04-02 35 .36 36 31 _...............-- T19N R07E MDB&M. 2 6 eN0\1 ................ o ----- ......- V ■Butte County Department of Development Services ■ ■Initial Study—Vanderbeek Rezone 04-02 ■Page 28 of 29 i PROJECT SETE / I f I 8 FORBESTOWN ROAD —1572/ — Iz 7 GP:RA GP:xA 1 / / � FORBESTOWN ro WoonEAF TPZ-160 '�' ZalM.4°IC ASSFIED t( / / . Al L/ I FAWORD WAYI \T.19 N_R.6 E•NJU9. ■" / Q • !,� / O /Gp RA GP:RA FlDR9�TOwN ROAD ■ N LUNG: ZOKHG:L'NCIAS61i1ED / 11 tt2 s2 7 y w // / CILu1Qtti 16 I13\ IS 18 (L) O CU10fT RGAD �• N / / 126&31. 4000'00' N • 710.17 / 55&19' / 90- VICINITY MAP as Das Ek61WG ROA° / DC. 053242 SCALE-1•- P. /' /�/ M ,!'/ ONTY 'VANDERBEEK z �: n >Qa�a..�, ■ /i /� j Ra:/UaiCs Arc,NkFL hTvwn�r. a.o rola AREA aP:073-30a-027 _ o , 3 // o.wi0,cxu / 19.0±ACRES ti`s a3 .4 / a> o AREA WEST OF FORBESTOWN ROAD j/ / AREA EAST OF FORBESTUIvN ROAD OWNER / APPLICANT: G / 12A!AM � ASSfS WS PARCEL 073-300-027 7D:,7�E6 �/ CR RA MONTY VANDERBEEK ,4 10MIG MCLAS501ED 15441122E.fG0191ff ANVAJE i0 lox GP.RA �\ 1 $ cV 1•. mac UNCIASWU / // E»rux OSTM Ran PREPARED BY: N / / LS.7379 A as - Q 0 / 10 GEORGE KL LEY PLANNING >, VEYING AND N o :um // smz.se c� ,0938 S345st'W 1269RtSSNALLE.CA 9W45 U b PK(330)477-73U Dv E � V] / JAN 30 ADI Ctl N /A:, / o RA CP RA !REZONE EXHIBIT FOR /Q/` "�"� Z0N°'� "`° MONTY VANDERBEEK ■ E / *EW A POODON OF TIE w'i5T 1/2 OF 19E NWEAST 1/4 OF 12, T.19 N., R.6 E., M.D.M. / BUTTEFD�MRY aCAUFORNIA j BAMFORD WAY scut r-IOO• , JAM Wd.2004 ti I • • JfR SLS SURVEYING Noul A 9EE7 t OF t i ' 1 �,-_ /:-,,\ Com• C-F ''' ANN hkw C3I \\ o e Spf�n9s mss=��`/i i� %�_ TPZ-160 Ul TM I _r 1 1 j( 11 1�\ "\\ it TPZ-160 h �\r� \I�_ it `\\ mil V, It TM / // \\ I/ \� ------ �( - II /;,Ilr TPZ-160 \1 TM; 1111 = � It f! It it -160 V - — YUBA COUNTY ( 0�4 'TPZ // mii �\ it AR I1 ,/ — — a FM. it a �s%' yidAv ii 1 �• ii ;"/ �c°i' • 1�/ /�, TPZ-160 I �'� `� •-Ii I it ,i YUBA COUNTY 1\y treat d 11 �� K. ,TM- P=Q=;, U Be ford Wa �� A'R.°' q►R, k ' / PROJECT ATE 2 1 1 6 FORBESTOWN r ROAD 11 12. - 12 7 FORBESfOWN TO WOODLEAF GP: RA GP: RA TPZ-160 ,Lal ZONING: UNCLASSIFIED Ali I 8A11FORD WAY) Q T.19 K. R.6 E. M.D.M. r'• O GP: RA GP: RA FORBESTOWN ROAD ZONING: UNCL SSIFlEDY ZONING: FLED GNALIFNGE / 14 13 — 13 18 CUTOFF ROAD \ N 90'00'00• E / 1268.31' 710.12' 558.19 EXISTING DIRT ROAD / N� MAP DOC. 90-053242 � SCALE. t'= 2000' / MONTY VANDERBEEK TOTAL AREA AP: 073-300-027 ._ _. 1 N // •..' 19.0±ACRES ti ,o // O.W.LD. CANAL teLl l,.' N AREA WEST-OF FORBESTOWN ROAD 'i AREA FAST OF FORBESTOWN ROAD - -.AREA APPLICANT: 7:otACRES' / tz.D+:;, MONTY VASSESSOR'S PARCEL ANDERBEEK / L _ __ -- W 3-300-027 GP: RA p Otlo / — _ — — — --- _ $ ZONING: UNCLASSIFIED 16412 E LOUISE AVENUE 5% TO 10% \ 8 ESCNANr CA 95320 GP: RAcn ZONING: UNCLASSIFIED ;% EXISTING DIRT ROAD PREPARED BY.• L_5. 7379 JR SURVEYING AND / 265.00 ,002.66' GEORGE IIASLEY PLANNING 16� ' 10936 LOVAS COURT S 69'45'51'W 1267.88GRASS VALLEY,CA 95945 PH. (530)477-7343 Dn ECEIVE /�► W /� / GP: RA GP: RA REZONE EXHIBIT FOR ZONING UNCLASSIFIED '? ZONOrG UNCLASSIFIED MONTY VANDERBEEK / O / ODE A PORTION OF BE WEST 1/2'OF 1FE MRWI%ST 1/4 OF SECTION 12, T.19 N., R.6 E., M.D.M. / IN THE UNINCORPORATED TE MIM OF 1^h BAMFORD WAY '` BUTTE COUNTY, CALIFORNIA srJuF: 1•- t00' ,rwMRI:2004 ti I GGw� CALIFORNIA,KL SURVEYING %M-1—OF_1_ G.R.W: 1 - i FILE COPY RESOLUTION PC 06-04 , A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF REZONE 04-02 " WHEREAS, the Planning Commission has considered Rezone 04-02 for Monty Vanderbeek in accordance Chapter 24, Zoning, of the Butte County Code on Assessor's Parcel Number 073-300-027; and WHEREAS, the Planning Commission has considered a Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Rezone 04-02 was referred to various affected public and private agencies, County departments, and referral agencies for review and comment; and WHEREAS, a public hearing was held on January 12, 2006; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division: NOW THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Recommend the Board of Supervisors adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Rezone for Monty A. Vanderbeek, Planning Division File No. RZ 04-02, would have a significant effect on the environment. The custodian of the record is the Butte County Development Services Department. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Recommend the Board of Supervisors adopt the Mitigated Negative Declaration = regarding environmental impacts, with Mitigation Measures 1 through 6, as detailed in the Agenda Report dated January 12, 2006. II. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required because the project has the potential to cause impacts to fish or wildlife or -their habitat. III. Recommend the Board of Supervisors adopt an Ordinance approving Rezone 04-02 for Monty A. Vanderbeek, based on the following findings: : 1 A. The proposed rezoning map is consistent with the following Butte County General Plan Land Use Element Goals and Policies: 3.2.a. Residential densities shall be correlated to soil, slope and other natural site characteristics. 3.2.b. Correlate residential densities to availability of water and sewage disposal and proximity to other public facilities. 3.2.c. Relate residential densities to intensity and compatibility of adjacent uses. 3.2.d. Balance residential densities with traffic-carrying capacities of existing and proposed circulation plans. 7.1.a. Consider fire hazards in all land use and zoning decisions, environmental review, subdivision review and the provision of public services. B. The rezoning of the project property is consistent with County standards and policies. C. The project is physically suitable for the use and density of the proposed rezoning. D. The rezoning of the project area will not cause public health or safety problems because the project area does not contain any physical characteristics that could cause health or safety concerns. E. The rezoning of the project area will not conflict with easements acquired by the public at large for access through or use of property within the proposed rezone area. F. The project site isnot located within an earthquake fault zone or a 100-year.flood zone. - G. The project would not have an impact to any aircraft operations because the project site is not located within an Airport Compatibility Zone. H. Approval of this project will not be detrimental to the public health, safety, and welfare provided the required conditions and mitigation measures are complied with. I. The project is conditionally consistent with the Agricultural Residential General Plan land use designation because the proposed zone meets eleven zoning factors of the Agricultural Residential designation of the General Plan. J. The project would not cause any impacts to agricultural operations because none are located near the project site. K. The roads in the project area have the capacity to handle the minor increase in vehicular traffic generated by the project. IV. Recommend initiation of a rezone of the area to an appropriate TM zone. DULY PASSED AND ADOPTED this 12th day of January, 2006,by the following vote: AYES: Commissioners Leland,Wilson,Marin, and Vice-Chairman Lambert NOES: No one ABSENT: Chairman Nelson ABSTAIN: No one 2 A LAMBERT, Vice-Chairman Planning Commission County of Butte, State of California ATTEST: LYNN RICHARDSON, Secretary .Planning Commission County of Butte, State of California 3 I t VICINITY MAP Rn°PI i ♦ mi P—h ne ; an Project Location a f. { t . a e i ma f a Fo�gs ` , I 1 Forbes own a S •3 m l S P g ' d f iu i ; � SwedesF�a�Rtl � � m 0 Stoney oaks�'O0P � . �m J o D o REZ 04-02 073-300-027 a� Fps o� PROJECT DESCRIPTION: • This project is a request to rezone an 18.9± acre parcel from U (Unclassified, 20-acre minimum parcel size)to TM-5 (Timber Mountain, 5-acre minimum parcel size). • With this rezone, and upon approval of a subsequent parcel map, the project site could be divided into three parcels for single family residential use. • The future parcel map on the project is expected to create one 7± acre parcel on the west side of Forbestown Road and two 6± acre parcels on the east side of Forbestown Road. • Sewage disposal for future dwellings on the site would be provided by individual, on-site septic systems. • Domestic water would be obtained from the South Yuba Water Company. • Access to the future parcels on the site would be from Forbestown Road, which is a public road. • Up to six dwelling units could be placed on the project site (three primary dwellings and three potential second dwelling units)with approval of a Parcel Map for three(3)parcels. SITE CHARACTERISTICS: • The project site is located in an unincorporated area in the eastern portion of Butte County, east of the small rural community of Forbestown. • The project parcel is split by Forbestown Road, with approximately 7 acres of the parcel on the west side of Forbestown Road and approximately 12 acres on the east side. • Forbestown Road along the project site carries only local traffic and has a very low vehicle count. Forbestown Road is a through road, which connects to LaPorte Road to the south (in Yuba County). lir lh S/Z9. • Land uses on the surrounding parcels are single family dwellings on parcels y 7�4? fwe acres in size, and timber harvesting. • The project site has gentle topography, with the steepest slopes being approximately 10%. • The elevation of the property is approximately 2,320 to 2,400 feet above sea level. • Vegetation on the site includes Ponderosa pine, Douglas fir, incense cedar, tanoak, manzanita, buckbrush,poison oak, ferns, berry shrubs, grasses, and wildflowers. • No natural drainages, wetlands, or vernal pools are on the s' e h�hOroville Wyandotte Canal is found on the site west of and adjacent to Forbesi load. • The project site is not within a 100-year flood zone, an earthquake zone, or an airport overflight zone. ■ Butte County Department of Development Services ■ ■ March 14, 2006 ■ Agenda Report-Vanderbeek REZ 04-02 0 iPage 2 of 10 ■ M Requested'Board Actions I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. The design of the project and mitigations added to the project as shown in } Attachment "D" will mitigate such effects to a level of insignificance. B. The Board of Supervisors independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that a Negative Declaration, with mitigation measures, adequately represents impacts associated with this project and reflects the independent judgment of Butte County. , �h II. , his project will have an impact to fish and/or wildlife habitat. Department of Fish and Game fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5 are required. III. Adopt an Ordinance rezoning property from U (Unclassified, 20-acre minimum parcel size) to TM-5 (Timber Mountain 5-acre minimum parcel size), and identified as APN 073-300-027, REZ 04-02, for Monty Vander Beek. r ' BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT—MARCH 14,2006 Applicant: Monty A. Vander Beek Location: On both sides of Forbestown Owner: Same Road, approximately 915 feet north of Bamford Way, approximately 1.8 miles east of Forbestown, east Butte County area. File#: REZ 04-02 Parcel Size: 18.9± acres Request: Rezone from U (Unclassified, Supervisor 1 20-acre minimum parcel size) District: to TM-5 (Timber Mountain, 5-acre minimum parcel size). G.P.: A-R(Agricultural Planner: Carl Durling, Associate Residential) Planner U (Unclassified, 20-acre Attachments: Zoning: minimum parcel size) A: General Plan/Zoning Map Zone Date: January 6, 1987 B: Zoning Ordinance APN: .. 073-300-027 C: Januay 12, 2006 Planning Commission Agenda Report and Minutes a D: Initial Study E: Exhibit Map EXECUTIVE SUMMARY: This project is a request to rezone an 18.9± acre parcel from U (Unclassified, 20-acre minimum parcel size)to TM-5 (Timber Mountain, 5-acre minimum parcel size). With this rezone, and upon approval of a subsequent parcel map, the project site could be divided into three parcels for single family residential use. The project is consistent with the TM-5 zone and with the Butte County General Plan Agricultural-Residential land use designation, as well as the goals and policies of the Land Use Element of e � ce e l Pl Planning Commission recommend� aPProvTlofthis project to the Poard I u ervfisors with� findings. k i45TogVW IL, 2006' ■ Butte County Department of Development Services ■ ■ March 14, 2006 0 Agenda Report-Vanderbeek REZ 04-02 0 Page 1 of 10 0 ANALYSIS: • Surrounding General Plan, Zoning Land Use, and average parcel sizes, is shown in the following chart: Direction General Plan Designation Zoning ExistingLand Use(s) North Agricultural Residential Unclassified Timber land 4.59 acres South Agricultural Residential Unclassified Rural residential 6.14 acres East Agricultural Residential Unclassified Rural residential 7.28 acres West Agricultural Residential Unclassified Rural residential 7.23 acres • The property is designated as Agricultural Residential in the Butte County General Plan Land Use Element. Consistent zones listed for this designation are A-20, A-40, TM-20, TM-40, FR-20, FR-40, and C-F. Conditionally consistent zones are A-5, A-10, TM-1 thru TM-10, FR-2 thru FR-10, SR-1, AR-2.5, RT-IA, and PUD. The Agricultural Residential designation calls for a minimum parcel size of 1 to 40 acres,with one single-family dwelling per parcel. • he project site was zoned Unclassified(U) on January 6, 1989. The U zone was intended to be a temporary "holding" zone, and the County intended to rezone those parcels zoned U to a zone more appropriate for the area. This requested rezone to TM-5 may be <"considered a spot zone. However,.the intent of the U zone is to hold property in this zone until a request for an appropriate zone is made which is consistent with the General Plan designation for the area. Section 24-230 (h) (2) states: "Control on land divisions. Any proposed land division of twenty (20) acres or less must first apply for and obtain specific zoning consistent with the general plan or applicable area or specific plans. " 1s The Planning Commission-is recomiVen ' approval of gVb request because the TM-5 zone is consistent with parcel sizes and uses ar a Planning Commission has instructed staff to initiate an area wide rezoning Y anal si to o nate T zone. lm �wy�qv S • The Agricultural-Residential General Plan land use designation allows for a parcel size of less than twenty acres if five conditionally consistent criteria can be met. These five criteria and a response to each one are: 1. Compatible with neighboring agricultural activities; The project site is not located in an agricultural area. No agricultural uses, other than timber harvesting, are established on any of the parcels that surround the project site. The project site is not adjacent to lands that have a General Plan land use designations of Orchard and Field Crops or Grazing and Open Lands. The Butte County Agricultural Commissioner stated that the project would not impact any agricultural operations. The project will not create any impacts to agricultural activities. 2. Evidence of adequate water and sewage disposal capacity; Domestic water is proposed to be obtained from the South Yuba Water Company, which is a public agency that provides domestic water to the project area. Usable sewage disposal aromas required by Appendix VII of the Butte County Subdivision Ordinance have no,t�'�6een proven to exist on the site. However, Environmental Health has determined thal the soils on the project site are generally suitable for on-site ■ Butte County Department of Development Services ■ 0 March 14, 2006 ■ Agenda Report- Vanderbeek REZ 04-02 0 Page 3 of 10 ■ • sewage disposal systems. It is expected that there is adequate soil for a septic system on each of the three 6+ acre parcels that could ultimately be created as a result of this rezone project. 3. Availability of adequate fire protection facilities. The nearest staffed fire station is Station # 54 (CDF staffed) located approximately 6.3 miles to the southwest at Robinson Mills. Volunteer station # 53 is located approximately 10.5 miles away in Clipper Mills. All new dwellings placed on the project site would be required to have interior fire sprinkler systems to help reduce impacts to fire protection services unless the project site is connected to a pressurized community water system. A fire hydrant is located approximately 425 feet to the southwest'of the project site. 4. Adequately maintained approved road access with sufficient capacity to service area: The project site fronts on Forbestown Road, which is a public road. Forbestown Road along the project site is chip sealed and is of adequate width to provide for two- way traffic. Forbestown Road is a through road, and connects to LaPorte Road to the south (in Yuba County). A portion of Forbestown Road south of the project site is dirt/gravel but appears to be traversable year-round. Forbestown Road along the project site carries only local traffic and has a very low vehicle count. A future parcel map on the project site that would create three 6+ acre parcels has the potential to create approximately 29 vehicle tri r day. The future parcels each have the potential for a second dwelling whit �aioul double the vehicle trips to 58. It is expected the actual number of vehicle trip d be much less due to the rural location of the project site. 5. Reasonable accessibility to commercial services and schools; A K-8 school is located in the community of Challenge, approximately six miles to the south of the project site. High schools are located in Marysville, located approximately 40 miles to the south of the project site. School bus service is provided to these schools. Small general stores are located in Forbestown and Challenge. Extensive commercial services are located in Oroville, approximately 24 miles from the project site. • Based upon the above responses, the proposed TM-5 zone can be considered to be conditionally consistent with the Agricultural Residential General Plan land use designation. • The Agricultural Residential General Plan land use designation lists eleven zoning factors that must be considered when determining the appropriate zoning district for a particular area. The zoning factors, along with a staffs response, are: 1. Existing parcel sizes and residential densities: Surrounding and nearby parcels range in size from 0.75 to 80 acres. There are twelve parcels to the south of the site that range in size from 3.3 to 5 acres. The parcels to the north range in size from 0.75 to 10 acres. The parcel to the east of the site is 14+ acres, while the parcel to the west is 80 acres. Land uses on the surrounding parcels are primarily single family dwellings, with some timber harvesting. The requested TM-5 ■ Butte County Department of Development Services ■ 0 March 14, 2006 0 Agenda Report-Vanderbeek REZ 04-02 ■ Page 4 of 10 0 Surface cracking, usually caused by expansive soils, is not a problem in the project area. The project site is not prone to landslides because it does not contain steep slopes. The soils on the site—decomposed granite—are not generally prone to erosion. 9. Effect on noise, traffic flow and safety, water quality, wildlife habitat and general environmental quality:, This rezone to TM-5 could result in the creation of three 6+ acre parcels on the project site, each of which could be developed with a single family dwelling unit. A second dwelling could be developed if environmental health requirements and setback requirements can be met. The resulting residential uses would result in a minor increase in noise in the project area, but this increase would not be significant and would be compatible with the other residential use in the project area. The increase in vehicular traffic would be minor, adding approximately 29 additional vehicular trips to the roads in the area, as well as the added 29 vehicular trips that may be added by permitted second dwelling units. The roads in the project area have the capacity to handle the minor increase in traffic generated by the project. 10. Local'desires: Crf Ott7Ndw/y/2.120PINM , Due to its rural mountain location, but relatively short drive to Orov le, the Forbestown area is very desirable and faces increasing pressure for aditional residential development. There were no persons in opposition to the proposal This rezone project has been recommended for approval by the Planning Commission to the Board of Supervisors. A public hearing would also be held for any future land divisions on the project site. 11. Potential for pest insect breeding: This rezone project, and a subsequent parcel map to create three 6+ acre residential parcels on the project site, are not expected to create a potential for pest or insect breeding because residential uses typically do not include improvements that would be conducive to pest or insect breeding. Based upon a trip generation rate of 9.57 vehicle trips per day, the project could result in (/ approximately 57 additional vehicular trips per day if each of the proposed parcels is developed with two dwelling units. It should be noted that dwellings in rural areas generally will generate less than 9.57 vehicle trips per day. The roads in the project area have the capacity to handle this minor increase. • The project site is utilized by resident and non-resident deer. In order to protect deer herd movements, a mitigation measure is recommended that requires all new fences meet California Department of Fish and Game fencing standards. r ENVIRONMENTAL REVIEW/CEQA ISSUES: The initial study prepared for this project determined there would be future parcel map environmental impacts to the following areas: • Air Quality (dust control during site development activities) • Biological Resources (impacts to deer herd movements, oak tree habitat, and stream habitat) ■ Butte County Department of Development Services ■ 0 March 14, 2006 0 Agenda Report-Vanderbeek REZ 04-02 ■ Page 6 of 10 0 • Cultural Resources (possible disturbance of archaeological resources) • Fire Hazards(extended building setbacks to allow for vegetation clearance) e Public Services (interior fire sprinkler systems required in all new residential structures) ; The initial study, which is attached to this agenda report, recommended six mitigation measures to reduce parcel map environmental impacts to a less than significant level. These mitigation measures are to be applied to any future parcel map on the property. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required because the project has the potential to cause impacts to fish or wildlife or their habitat. The initial study/mitigated negative declaration was sent to the Governor's Office of Planning and Research, State Clearinghouse, for a 30-day review period (SCH # 2005052011). The review period began 5/6/05'and ended 6/5/05. Notices regarding the 30-day review period were mailed to landowners near the project site, and a notice was placed in the Oroville Mercury Register. ACTIONS FOR CONSIDERATION Staff recommends that the Board of Supervisors take the following actions: I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the _ project may have. The design of the project and mitigations added to the project as shown in Attachment"D"will mitigate such effects to a level of insignificance.. B. The Board of Supervisors independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that a Negative Declaration, with mitigation measures, adequately represents impacts associated with this project and reflects the independent judgment of Butte County. Il. ®his pfoject will have an impact to fish and/or wildlife habitat. Department of Fish and '`'Game Tees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5 are required. III. Adopt an Ordinance rezoning property from U (Unclassified, 20-acre minimum parcel size) to TM-5 (Timber Mountain 5-acre minimum parcel size), and identified as APN 073-300-027, REZ 04-02, for Monty Vander Beek. K:\Planning\PROJECTS\REZ\VANDERBEEK.04-02\Board of Supervisors filesWanderbeek RZ 04-02 Board of Supervisors Agenda Report.doc ■ Butte County Department of Development Services ■ ■ March 14, 2006 0 Agenda Report-Vanderbeek REZ 04-02 0 Page 7 of 10 ■ r A Form A . Notice of Completion .& Environmental Document Transmittal S�SO/l Mail to:State Clearinghouse,PO Box 3044,Sacramento,CA 95812-3044 916/445-0613 ISCH# c3 OD Project Title: Monty A.Vanderbeek Rezone(RZ 04-02) Lead Agency: Butte County Contact Person: Stephen Betts Street Address: 7 County Center Drive Phone: (530)538-7153 City: Oroville Zip: 95965 County: Butte ----------------------------------------- Project Location: County: Butte City/Nearest Community: Forbestown Cross Streets: Forbestown Road,Bamford Way Zip Code: 95941 Total Acres: 17,3± Assessor's Parcel No. 073-300-027 Section: 12 Twp. 19N Range: 07E Base: MDB&M Within 2 Miles: State Hwy#: None Waterways: Oroville Wyandotte Canal,S. Fork Feather River Airports: None Railways: None Schools: None -----———————————————————————————————————— Document Type: CEQA: ❑NOP ❑Supplement/Subsequent EIR NEPA: ❑NOI Other: ❑Joint Document ❑Early Cons (Prior SCH No.) ❑EA ❑Final Document ©Neg Dec ❑Other ❑Draft EIS ❑Other ❑Draft EiR ❑FONSI ----------------------------------------- Local Action Type: ❑General Plan Update ❑Specific Plan Q Rezone ❑Annexation R. General Plan Amendment ❑Master Plan ❑Prezone ❑Redevelopment ❑General Plan Element ❑Planned Unit Development ❑Use Permit ❑Coastal Permit ❑Community Plan ❑Site Plan ❑Land Division(Subdivision, etc.) ❑Other —————--——————————————————————————————————— Development Type: ❑Residential: Units Acres ❑Water Facilities: - Type MGD ❑Office: Sgft. Acres Employees ❑Transportation: Type ❑Commercial: Sgft. Acres Employees ❑Mining: Mineral ❑Industrial: Sgft.-,A cres Employees ❑Power: Type Watts ❑Educational ❑Waste Treatment: Type ❑Recreational ❑Hazardous Waste: Type ❑Other: ————————————————————————————————————————— Funding(approx.): Federal $ 0.00 State $ 0.00 Total $ 0.00 —————--——————=———————————————————————————— Project Issues Discussed in Document: ®AestheticNisual ❑Flood Plain/Flooding ❑Schools/Universities ❑Water Quality ©Agricultural Land Q Forest Land/Fire Hazard ©Septic Systems ©Water Supply/Groundwater ©Air Quality Q Geologic/Seismic ❑Sewer Capacity ❑Wetland/Riparian Q Archeological/Historical ❑Minerals ©Soil Erosion/Compaction/Grading ©Wildlife ❑Coastal Zone Q Noise ❑Solid Waste ❑Growth Inducing ©Drainage/Absorption ❑Population/Housing Balance ❑Toxic/Hazardous ©Landuse ❑Economic/Jobs ❑Public Services/Facilities ©Traffic/Circulation ❑Cumulative Effects ❑Fiscal ❑Recreation/Parks ©Vegetation ❑Other ————————————————————————————————————————— Present Land Use/Zoning/General Plan Designation: Undeveloped/U/Agricultural Residential ------------------------------------------ Project -------------------------------- ------Project Description: Rezone from U (Unclassified,20-acre minimum parcel size)to TM-5(Timber Mountain,5-acre minimum parcel size). With this rezone,and upon approval of a subsequent parcel map,the project site could be divided into three parcels for single fae��'sed� i�g� al use. . . 23 Reviewing Agencies Checklist Form A,continued KEY Resources Agency S=Document sent by lead agency X=Document sent by SCH Boating&Waterways ✓=Suggested distribution Coastal Commission Coastal Conservancy Colorado River Board Environmental Protection Agency Conservation Air Resources Board _Fish&Game California Waste Management Board Forestry&Fire Protection SWRCB:Clean Water Grants . Office of Historic Preservation SWRCB:Delta Unit Parks&Recreation SWRCB: Water Quality Reclamation Board SWRCB:Water Rights S.F.Bay Conservation&Development Commission VRegional WQCB# Water Resources(DWR) Youth &Adult Corrections Business,Transportation &Housing Corrections Aeronautics Califomia Highway Patrol Independent Commissions&Offices —J/ CALTRANS District# _ Energy Commission ✓Native American Heritage Commission Department of Transportation Planning(headquarters) Housing&Community Development ; Public Utilities Commission Santa Monica Mountains Conservancy Food &Agriculture State Lands Commission Health &Welfare Tahoe Regional Planning Agency Health Services State &Consumer Services Other General Services OLA(Schools) ----------------------------------------- Public Review Period(to be filled in by lead agency) $farting Date May 6, 2005 Ending Date June 5, 2005 r Signature Date April 28, 2005 —--—--—--—————————————--————————————————— Lead Agency(Complete if applicable): For SCH Use Only: Consulting Firm: Date Received at SCH Address: Date Review Starts City/State/Zip: Date to Agencies Contact: Phone: ( ) Date to SCH Clearance Date Notes: ` Applicant: Monty A.Vanderbeek Address: 18412 East Louise Ave City/State/Zip: Escalon,CA 95320 Phone: (209 ) 838-8164 r II • • SII Department ofDevelopment Services 0 %3T TF 0 0 0 0 0 INTER-DEPARTMENTAL REVIEW COMMITTEE 0 = .= 0 0 -- 0 DATE%TIME: Wednesday,August 24, 2005, 1:00 p.m. to 3:00 p.m. LOCATION: 7 County Center Drive, Conference Room A, Oroville, California r AGENDA CHICO 1. Robertson:Lloyd, LLA 06-02, APN 042-170-060 Planner: Carl Durling Map Review Lot Line adjustment between 3 parcels adjusted to contain 2.41 acres, 3.38 acres and 2.91 acres. Existing parcels contain 4.42 acres, 0.80 acres and 2.83 acres and located on the east side of Dairy Road betweenWest Sacramento Avenue and Grape Way. Approximately 200 feet north of Grape Way, Chico FORBESTOWN 2. _ Vanderbeek, Monta a. , REZ 04-02,APN 073-300-027 Planner: Carl Durling Final Conditions Rezone'on an 18.9 +/- acre parcel from U (Unclassified) to TM-5 (Timber Mountain, five- acre'parcels) on both sides of Forbestown Road, approximately 915 feet north of Bamford Way, east of Forbestown Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville,CA ■ (530)538-7601 Page 1 of 2 t vLa 'ij14 [ Hli(•01?OINC REQUESTETT OY Butte County Ti.rle Com, M A IT.TAX STnT1SMrNT TO same as below 90-053242 Ree'Fee 5.00 DOC 49.50 WHF.NRECUttD13AMAIL TO _ ' Recorded : Check 54,50 Terry M. VanderPeek Official Records 18412 Fast Louise County of w••.- Butt e t•a>R E9celmn, CA 95320 Candace J. Grubbs ' Recorder 8:00am 13-Dec-90 : CD 1 • 911ACE AROVP RECOTWER'S i1$I;ONLY O)il)F.It NO. a;s(;nOW Net. 37413 GRANT DEED (JOINT TENANCY) 'MV indtMtRnen+Trnntort,+)dratnr,ar)c e , I•llcomcnmry tr.rfcrtax la s _9.50 •. jVAN$FER 1<)04 Compntod on full value of piritst v movtyed,In, • { I(:,,mputer an full vulne'leac value of liena and aneumbrenerA rnemininzx at limn(,rine. TAXPAID • ( tlnlneora•,r.,r,d or n I 1 6• .__ - ..—._. 9'ev Vnrcrl Nu. U�/3_ 7 — _ �•ttH A VA[.IIANt.fi fONSTnt?KATION,rrrw:pt.,fwhieh In 1,ar,�l.y ncknowlnngrol. ROBERT B. Cl•1FSTWIELD, JR- hernhv VRA.NT(S)to JER.(Y M. VANDF.1tBffiC and PATRICIA VANDERBEFX, husband and wife, and MONTY A. VANOERBffiC and KAREN J. VANDERBEQC, hisband and wife. all AS JOINTTF,NAf% > the f(uowinc dr-.rsl)td real property in thr 4ounty of RUM .fitnrr of Callfmn:n. Portion of. the West me half of the Northeast quarter of Section 12, Township 19 North, Range 6 Eavt, M.D.U. & N., described as follows: BEGINNING. at the Northweet corner of said Northeast quarter of Section 12; thence from said point of: Beginning, South along the West line .of said Northeast quarter of Section .12, 1320 feet to the actual point of beginmi_ng, contitttu.ng along said West line, South 660 feet; thence East 1320 feet; thence North 660 feet; thence West 1320 feet to the actual point of beginning. A. llU r Kos November 19 19900 OF W,As�` ., ATr.ofXA=-AXNIDLX Washington .. (:ovnty nr — K Irl.. On thla_._24_th day of—N9vC he�r` •19�0.. befnre me,thr.undersigned.a Nnta!y Public In and for said County and State,personally eppearrd ROBERT ).t. CHES•rr:RFIELb, JR. } pCrronntly known to fee(orroved to me on the Aaaia of eatiafact P frTy evidr ace)to hr.,the person who.-r.neme _ ___--LS saboaribrd to me within the inmrament and acknt+tvledged that executed the samee. yCOSTF W ITNr$5 my hand and offieinl Beal. lu� 0� t Ae r a' a .`IOtary Fublic in nn far cn�C,. Iytate. *•'�pU$`-`G '• q 1 cFa uvsp MAq,TAX ST•ATEMENTAS OWECTP•0 AnnVr 1 END OF WCUM I JAN 3 0 20,04 BUTTE COUNTY PLANNING 1DVV1c10N BUTTE COUNTY . CLNK OF THE BOARD USE ONLY NW BOARD OF SUPERVISORS MEETING DATE: AGENDA.TRANSMITTAL AGENDA ITEM: Monty A. Vander Beek, Rezone from "U" (Unclassified) to TPM 5 (Timber AGENDA TITLE: Mountain — 5 acre acels) REZ 04-02 DDS, DATE: 1/17/06 MEETING DATE /14/06 DEPARTMENT: Planning REQUESTED: Carl Durling PHONE: 7150 REGULAR CONSENT X ` CONTACT: DEPARTMENT SUMMARY AND'REQUESTED BOARD ACTION: Report to the Board for Monty A. Vander Beek, Rezone from "U" (Unclassified, 20 acre minimum parcel size) to TM-5 (Timber Mountain, 5 acre minimum parcel size). Located on both sides of Forbestown Road, approximately 915 feet north of Bamford Way, and approximately 1.8 miles east of Forbestown, east Butte County area. APN 073-300-027, REZ 04-02 ACTION REQUESTED: Set for public hearing on March 14, 2006. r AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL (1) IN A FORMAT THAT CAN BE REPRODUCED BY STANDARD OFFICE EQUIPMENT ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No X CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No x Administrative Office Review If yes, complete Budget Transfer Request Worksheet on back. % . Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline.) t� ;� 4/5/s Vote Required: Yes: _ No: Will Proposal Require an Agreement: Yes No x Auditor-Controller's Number(if Date Received by Clerk of the Board: required): r . County Counsel's Approval:` Yes No x Will Proposal Require Additional Personnel: Yes _ No x Number of Permanent: Temp Extra Help Previous Board Action Date: Additional Information Attached: Yes x No PLANNING COMMISSION ACTION REPORT APPLICANT: Monty A. Vander Beek OWNER: Same VILE*: REZ 04-02 REQUEST: Rezone from "U" (Unclassified, 20 acre minimum parcel size) to TM-5 ` (Timber Mountain, 5 acre minimum parcel size). LOCATION: On both sides of Forbestown Road,approximately 915 feet north of Bamford Way, approximately 1.8 miles east of Forbestown, east Butte County area. DATE APPLICATION RECEIVED: 1/30/2004 ACREAGE: 18.9 +/- acres PLANNING COMMISSION ACTION AND SUPPORTING FINDINGS: RESOLUTION PC 06-04 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF REZONE 04-02 WHEREAS,the Planning Commission has considered Rezone 04-02 for Monty Vanderbeek in accordance Chapter 24,Zoning,of the Butte County Code on Assessor's Parcel Number 073-300- 027; and WHEREAS,the Planning Commission has considered a Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS,said Rezone 04-02 was referred to various affected public and private agencies, County departments, and referral agencies for review and comment; and WHEREAS, a public hearing was held on January 12, 2006; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division: . - t d NOW THEREFORE, BE IT RESOLVED, that the Planning Commission: ' I. Adopt a Mitigated Negative Declarationwith the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission; including the Initial Study and any comments received, there is no substantial evidence that the _ Rezone for Monty A.Vanderbeek,Planning Division File No.RZ 04-02,would have a significant effect on the environment. The custodian of the record is the Butte 'County Development Services Department. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, with Mitigation Measures 1 through 6,as detailed in the Agenda Report dated January 12, 2006. H. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required because the project has the potential to cause impacts to fish or wildlife or their habitat. III. Recommend approval of Rezone 04-02 for Monty A. Vanderbeek, based on the following findings: A. The proposed rezoning map is consistent with the following Butte County General Plan Land Use Element Goals and Policies: 3.2.a. Residential densities shall be correlated to soil, slope and other natural site' , characteristics. 3.2.b. Correlate residential densities to availability of water and sewage disposal . ` and proximity to other public facilities. 3.2.c. Relate residential densities to intensity and compatibility of adjacent uses. 3.2.d. Balance residential densities with traffic-carrying capacities of existing and proposed circulation plans. T 7.1.a. Consider fire hazards in all land use and zoning decisions, environmental review, subdivision review'and the provision of public services. B. The rezoning of the project property is consistent with County standards and policies. , C. The project is physically suitable for the use and density of the proposed rezoning. D. The rezoning of the project area will not cause public health or safety problems. because the project area does not contain any physical characteristics that could cause health or safety concerns. E. The rezoning of the project area will not conflict with easements acquired by the. public at large for access through or use of property within the proposed rezone area. F. The project site is not located within an earthquake fault zone or a 100-year flood zone. G. The project would not have an impact to any aircraft operations because the project site is not located within an Airport Compatibility Zone. H. Approval of this project will not be detrimental to the public health, safety, and welfare provided the required conditions and mitigation measures are complied with. I. The project is conditionally consistent with the Agricultural Residential General Plan land use designation because the proposed zone meets eleven zoning factors of the Agricultural Residential designation of the General Plan. J. The project would not cause any impacts to agricultural operations because none are located near the project site. K. The roads in the project area have the capacity to handle the minor increase in vehicular traffic generated by the project. VOTE: 4-0-1-0 ' AYES: Commissioners Leland, Wilson,Marin, and Vice Chairman Lambert NOES: No one. ABSENT: Commissioner Nelson ABSTAINED: No one DATE OF LAST HEARING WITH PLANNING COMMISSION: January 12, 2006 K:\PLANNING\PROJECTS\REZ\VANDERBEEK.04-02\REPORT TO THE BOARD.DOC r 5 Butte County Depa=ent of Development Services u c� T r�c PLANNING DIVISION 7 County Center Drive o 0 Oroville, CA 95965 0 _ .__ P o (530)538-7601 Telephone o o (530)538-7785-Facsimile ADMINISTRATION * BUILDING * PLANNING December 29, 2005 Monty A. Vander Beek 18412 East Louise Avenue Escalon, CA 95320 Re: REZ 04-02, AP: 073-300-027 Dear Mr. Vander Beek: Enclosed is a copy of the Agenda Report concerning your application for a Rezone on an 18.9+/-acre parcel from U (Unclassified) to TM75 (Timber Mountain, five-acre parcels) on property zoned U (Unclassified)and located on both sides of Forbestown Road,approximately 915 feet north of Bamford Way,east of Forbestown. Should you have any concerns with the report or conditions of approval,please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for January 12, 2006, at 9:00 a.m. This meeting will be held in the Board of Supervisors'Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter,please contact Carl Durling of this office at 538- 7150,between 8:00 a.m. and 4:00 p.m.,Monday through Friday. Sincerely, Lynn Richardson Commission Clerk Eric: cc: Richard Frey,439 S. Merrill Ave.,Willows, CA .95988 Environmental Health Land Development K:\letters\merge letters\SCHEDULE.dot VICINITY MAP s I r •� RmeR I ftrd,Rd f Project Location R � RInR Forbestown g 8 • I4 S gedes Flat, d Z g m N y � D rp f O O REZ 04-02 073-300-027 C-F -F �/ ` � '�/ �� \�1 • \ j TPZ:1'60 o e SP��n9s _;``/ice /�'� r%� 'TPZ-160 41 U V if lI ' _ V 1 1 jl � • J `v C L6 41 11 r/ r ' 1. !✓ _ f'1 `� �j/ �, \I�\��\ Ij A �-� lj TPZ-160 II , , , \ I I '�� TPZ-160 ` 1\I\,.. i IM f If / TPZ-160 V\1 1 V 1 I I -_s= TPZ-160p�ec Fig r ' y /, �� ii PZ-1 U i i/ -_ 'i _. l i YUBA COUNTY J _ r q °'I \lj i� tp •� fl—' — ___ __� II \\ // V \\ /41 My- ii YUBA COUNTY \' II \\ treat d � �1\ U Be ford We II TPZ-160 l- -- -- - Project Location yll u a 1,300 650 0 1,300 2,600 3,900 5,200 6,500 7,800 9,100 10,400 11,700 • I Feet Forbestown i. BUTTE COUNTY PLANNING COMMISSION U Applicant: Monty A. Vanderbeek Owner: Same W E - Hearin Date:January12, 2006 9:00 a.m. ExistingZone: U(Unclassified) S TM-1 Jervisorial_ i Request: Rezone from U (Unclassified, 20 acre minimum parcel size)to _ Supervisorial TM-5 (Timber Mountain, 5 acre minimum parcel size). District#1 y i' Assessor Parcel No: 073-300-027 File: REZ 04-02 r , - _ ,. • .. • (" - . . ,: / c , . '� • 4 � �, + •, r � � � . i r � • u F � . � ` . �� ' e - ,� .. �y. . i• - � - •• .. � � . :-� !` " a i � .. S .7 x � • r • � i !.. . ' } r y . . .y„ , .r • f „ r ti . .t :Y - i ,. • � r ..r � �_- . � , � � � � r r i h � .. � 1 F ! Y. • ' � ' { ' R .. � . s � � • ! �� .. , — 1 � M ,{ � � � � , • { , . r . i t � } r , • � . ! , r ._ ZZ`I\ _- . • FR�O�) STM o r�n95= /i% % j1 e sP \�. /i r'—=. TPZ-160 U) TM? 4 rl T•,Ml 11 \ r � TIVIj I j 1 1 It Kk0e;° =% i i( 11 I ✓1 II I (/ r 1\ I\ \\ 11 r 11 !r , TIVI l If :-\te -�\ // /r--�� I \\ �/ // TM r=✓ rr \�� 1\` . �> II =�L 11 j / I I 1 Vi ✓ 'tel \\� l\\` p // ✓ nFt ; ,/ // TM U �\ �;__'%��:� Ill it %T160p�ecFi/ qRJ \X - -- ,�- UB YUBA-COUNTY V' \\ /! l� NI P,S�Oi� �1 o�ii✓ I� / con I j /j �/i \// TF+Z-160 I �' � •-II -� �/ // — -- - - - - - �, - �a AR �\ LIFIly t p I� iri YUBA COUNTY =� treat d II 1l _ TM- P=Qr? / 5 Be ford Way ii ii � ,AR.� �I-�A►R�=�1 II,� TPZ-160 �i- --, --i- Project Location UI, AR yll U I r CL AR 1,300 650 0 1,300 2,600 3,900 5,200 6,500 7,800 9,100 10,400 11,700 Feet o'rbestown ' if BUTTE COUNTY PLANNING COMMISSION Applicant: Monty A. Vanderbeek Owner: Same W E Hearin Date:January 12, 2006 @ 9:00 a.m.1 Existing Zone: U(Unclassified). S TM-1' Supervisorial Request: Rezone from U (Unclassified, 20 acre minimum parcel size) to TM-5 (Timber Mountain, 5 acre minimum parcel size). District#1 ti i� Assessor Parcel No: 073-300-027 File: REZ 04-02.. Butte County Department of Development Services OTr TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o� �o p p 7 County Center Drive o 0 Oroville; CA 95965 (530) 538-7601 Telephone + y DUN'S (530) 538:7785 Facsimile ADMINISTRATION " BUILDING* PLANNING January 12, 2006 Monty A. Vander Beek 18412 East Louise Avenue Escalon, CA 95320 Re: Rezone,REZ 04-02, APN 073-300-027 Dear Mr. Vander Beek: At the regular meeting of the Butte County Planning Commission held January 12, 2006 , your request for a Rezone on an 18.9+/- acre parcel from U(Unclassified)to TM-5 (Timber Mountain, five-acre parcels),on property zoned U,(Unclassified),was recommended for approval to the Board t of Supervisors. The property is located on both sides of Forbestown Road, approximately 915 feet J north of Bamford Way, east of Forbestown. A report of this matter will be made to the Clerk of the Board of Supervisors at which time a public hearing date will be set. You will be notified of the date and time. Should you have any questions regarding this matter, please contact Carl Durling at 538-7150 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Commission Clerk Documentl • December 21, 2005 BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on January 12, 2006, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: In accordance with the California Environmental Quality Act (CEQA), an Initial Study has been prepared for the following project. Therefore, Planning Division staff is recommending a Mitigated Negative Declaration. MITIGATED NEGATIVE DECLARATION Name: Monty A. Vanderbeek Project: RZ 04-02 Planner: Carl Durling APN: 073-300-027 Zoning: A-R Location: on both sides of Forbestown Road, approximately 915 feet north of Bamford Way,, approximately 1.8 miles east of Forbestown, east Butte County area. Proposal: Rezone from "U" (Unclassified, 20-acre minimum parcel size) to TM-5 (Timber Mountain, 5-acre minimum parcel size). If you challenge either the Mitigated Negative Declaration or the Rezone in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Division at, or prior to, the public hearing. For further information regarding this project, please contact Carl Durling, project planner, at the Butte County Planning Division at (530) 538-7150. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Oro ville Mercury on December 29, 2005. April 28, 2005 r BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for the following project: MITIGATED NEGATIVE DECLARATION/REZONE Monty A. Vanderbeek, Rezone. This project is a request to Rezone an 18.9± acre parcel from U (Unclassified, 20-acre minimum parcel size) to TM-5 (Timber Mountain, 5-acre minimum parcel size). With this rezone, and upon approval of a subsequent parcel map, the project site could be divided into three parcels for single family residential use. -The project site is located on both sides of Forbestown Road, approximately 915 feet north of Bamford Way, approximately 1.8 miles east of Forbestown, east Butte County area. APN 073-300-027 (SB) (File #RZ 04-02) The California Environmental Quality Act requires this notice to disclose whether any listed toxic sites are present on the project site. The project site does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration and reference documents for this project are on file for public review starting May 6, 2005, through June 4, 2005, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. All interested persons are invited to review the documents. Written comments will be accepted by the Planning Division at the above address. Any written comments on the Initial Study/Mitigated Negative Declaration must be received at the above address within the public review period. If you challenge the Initial Study/Mitigated Negative Declaration in court, you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the Planning Division. The Butte County Planning Commission will hold a public hearing on this project, the date, time, and location of which has not yet been determined. Landowners within 300 feet of the project site will receive written notice as to the date, time, and location of the Planning Commission hearing. 'For further information regarding this project, please contact the Planning Division at (530) 538-7601. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Oroville Mercury Register on Thursday, May 5, 2005. APN Owner Owner_add Citystzip 073-300-032 ANDERS CRAIG 6111 FORBESTOWN RD FORBESTOWN CA 95941 073-190-005 -CALDWELL MICHAEL & NANCY 1777 JACK RABBIT RIDGE SCOTTS VALLEY CA 95066 073-300-010 IRONS KATHY&JEFFREY F LEVINE JOINT LIVING TRUST PO_BOX 54 - FORBESTOWN CA 95941 073-300-056 JONES GLEN O & DEBRA L 6000 FORBESTOWN RD FORBESTOWN CA 95941 073-300-008 JONES WESLEY&JANE E 6160 FORBESTOWN RD FORBESTOWN CA 95941 073-300-012 PERCIFIELD JERRY& PAMELA 223 F ST#111 MARYSVILLE CA 95901 073-300-031 REINHOFER GARY& BARBARA 6090 FORBESTOWN RD FORBESTOWN CA 95941 073-300-028 SHARROCK WILBUR W &ALICE 1 6070 FORBESTOWN ROAD FORBESTOWN CA 95941 073-190-014 SHIELDS LEWIS R&JOYCE E 5954 FORBESTOWN RD FORBESTOWN CA 95941 073-300-030 SILLER BROTHERS INC 1255 SMITH RD YUBA CITY CA 95991 073-300-027 VANDERBEEK JERRY M & PATRICIA M TR ETAL 5110 OAK LANE GARDEN VALLEY CA 95633 073-300-025 WELKER JAMES C & SHERROLYN A" ETAL PO BOX 153 BROWNSVILLE CA 95919 073-300-023 WELLNER JOHN M & CHERYL L PO BOX 216 FORBESTOWN CA 95941 073-170-015 WESTPHAL THEODORE A& MARILYN TRUST ETAL 519 MCBRIDE DR LAVAYETTE CA 94549 t4q .1 �j ----- ------- f °�.. ,i II. � 4 ueas�Q 0 r �i f w Butte County Department ofDevelopment Services v T rF YVONNE CHRISTOPHER,DIRECTOR o 0 0 0 7 County Center Drive o - o Oroville,CA 95965 0 (530)538-7601 Telephone CDU IN (530)538-7785 Facsimile r ADMINISTRATION*BUILDING*GIS*PLANNING November 4, 2004 Richard A. Frey ` 439 S. Merrill Avenue Willows, CA 95988 Re: Proposed Mitigated Negative Declaration for the Monty Vanderbeek Rezone, APN 073- . 300-027, File#REZ 04-02 Dear Mr. Frey: Pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3), an Initial Study has been prepared to determine if the above-referenced project' would have significant adverse effects on the environment. The Initial Study determined that mitigation measures are necessary to prevent the project from causing significant impacts to the environment and a Mitigated Negative Declaration is proposed. Please review the enclosed initial study and recommended mitigation measures, noting particularly any environmental problems which could be minimized or avoided by the care and manner in which the project is carried out. Section 15070(b)(1) of the California Environmental Quality Act Guidelines requires that the project applicant, or his or her agent, provide a written consent to the proposed mitigation measures prior to release of the proposed Mitigated Negative Declaration/Initial Study for public review. The recommended mitigation measures constitute a revision to the project. If you agree to the mitigation measures, please sign Section 8 of the Initial Study and return to the Planning Division. The signature on the Initial Study indicates that the applicant agrees to comply with the proposed mitigation measures. The Initial Study will be released for public review and the project set for a public hearing by the Butte County Planning Commission once we have received the signed Initial Study. If you do not agree to the mitigation measures, please contact this office as soon as possible to discuss possible alternatives. Please be aware that all initial studies/negative declarations prepared by the County are being forwarded to the Governor's Office of Planning and Research, State Clearinghouse, for review by State agencies. The review period is thirty days. {. Should you have any further questions regarding this Mitigated Negative Declaration, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, at (530) 538- 7153, or via e-mail at sbetts@buttecounty.net. r Sincerely, Stephen Betts _ Senior Planner Enclosure:. REZ 04-02 (Vanderbeek) Initial Study s 1 t r k Ill ) U TV 41) ii t� { ♦r r - .� Pro ect Location -w ' { U �rss 4A AR )t to t fir;a f Ct 1 uI { 4 Rd: t) t { , { , ri i#. ^� iy AR AR 700 0 700 1400 2100 2800 3500 4200 4900 5600 6300 Feet BUTTE COUNTY PLANNING CONIlVIISSION Applicant: Monty A.Vander Beek Owner: Same Hearing Date: Existing Zone: U(Unclassified N Supervisorial Request: Remne from U(Unclassified)to TM-5(Timber Mountain,5 acre minimum). District# 1 Assessor Parcel No: 073-300-027 Fue:REZ 04-02 AP 073-300-027 Vander Beek REZ 04-02 --- -------------, , 9.66 17.96 13.93 4.66 '------------- . , c PLANNER CHECK.IMMEDIATELY FOR TTT DISTRIBUTION OF PUBLIC HEARING NOTICES Butte County Department ofDevelopment Senices w T tF YVONNE CHRISTOPHER,DIRECTOR o 0 0 0 0 0 7'County Center Drive 0 __ •• = o Oroville,CA 95965 0 `= o " (530)538-7601 Telephone U N'�y (530)538-7785 Facsimile ADMINISTRATION*BUILDING*GIS*PLANNING February 6, 2004 Monty A: Vander Beek a 18412-East Louise Avenue Escalon, CA, 95320 Re: Rezone, REZ 04-02, APN 073-300-027 Dear Mr. Vander Beek: In an effort to keep our customers informed,we are notifying all applicants about the current status of their application and assigned Planner. Your project has been assigned to Stephen Betts and he can be reached at 538-7153,between 8:00 a.m. and 4:00 p.m., Monday through Friday. Your project is being reviewed for completeness. Should you have any questions regarding your application, please call the planner listed above. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Cc: 3 Butte County Department of Development Services PLANNING DIVISION o�V T T�0 '7 County Center Drive o 0 Oroville,CA 95965 0 0 (530)538-7601 Telephone o `_� =�' o (530)538-7785 Facsimile February 6,2004 TO: FROM: Stephen Betts,Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Monty A. Vander Beek, Rezone- REZ 04-02 APN: 073-300-027 DATE OF IDR: 2/25/2004 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: February 23, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: March 11, 2004 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter-Departmental Review (IDR) Committee meeting on 2/25/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Rezone on an 18.9 +/- acre parcel from U (Unclassified) to TM-5 (Timber Mountain, five-acre parcels) PROJECT LOCATION: on both sides of Forbestown Road, approximately 915 feet north of Bamford Way, east of Forbestown COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: U(Unclassified) GENERAL PLAN: AR (Agricultural Residential) If a response cannot be submitted prior to the due dates listed above,please call Stephen Betts at (530) 538-7153 or send him an e-mail at SBetts@buttecounty.net. You do not have to respond F to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for June 10, 2004, before the Planning Commission. "IDR'COMMITTEE -APPLICATION COMPLETE: ❑ No (Please send response to Sbetts buttecounty.net by February 23, 2004 ) ❑ Yes (Conditions/mitigation measures due by March 11, 2004) K:\Planning\Projects\ConunentRequestForm.dot NOISIAIO 9NINNVId r7A1Nf109 3llf18 . L03 �OOZ 0 E NVP 39333 SHdVlt901OHd �.,• ��i£�+r'- �- •�� ry,:� Y } ',1`S�"Y�'�4•9d•'•�? 4• i £- � 3e oil �',° ., ,: e i�• .1 •'"r l' .�,� �•� �titt�j�i s7}'� �a7i i,�M+�i.i ��b wd��-y',.• Z;>,�•!-� ;,�_ �t'�'•1 )rt f. 1. b' C �,Iyy��,, �.Yi'�f,�+R'i� �i:�`. � '�.,� .,ti�j�'�( � '!'s S -_w •i U� f �- gSSv ,+ �� ,Tutt,. ati.-ea.'^• fr_�tk rre*ee a ia. Ni � r ♦ � r ti,,., :�`�"�;��� '4 ,rte IF a )#��+`N{,,-i��'��77.yf+r ���Y'"•� p�` III� t Y ��`�• Z �(d��F/ . �` �*��'✓.ly /�� r '•�u4' .� •s s C Y�J •gyp: tom- �� �. � c• ..>v ri � "�. •q .. 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[i`Q,� __ - •r+- \ NOISIAIO 9NINNVld uNnOO 31U18 Moe 0 c N dr 1tr:r OlrnlNr:kl:(�uhslr•.nt{Y U -J J ( 4 • Butte County Ti.t1.r, Go MA . IT.TAX TO S'fnrliml rrr 0 same as below 90-053242 i Rec Fee S.00 DOC 49.50 WMF,NRF.COItnr•,,OMAIL'I'O Recorded 1 Check 54.50 N,,.,. F � Official Records , Jerry M. VanderDeek 18412 Fast Louise County of ���•u'�°�• out ' E9celon, CA 95320 ' Candace J. Grubbs Recorder 8:00am 13-Dec-90 CD 1 yVACE AIIOVV:RriCORDRR'g Ii4V ONLY ORDER No. iisc;now No. 37413 GRANT DEED (JOINT WNANCY) 'riot•underOct—l,yn.ntur(.i)dr.rin/.',Qlrj: llocumcntnry r.r,...rfcr tnx to g .._., „_. F?04 t:nmpnted un full vnhb'en re of properdvtyed,or TRANSFER I ?AX 10-moulcr nn full value Icac14w of liena and 4woumhranceA romninina nl limn nMrle. Pad r rtlnlnenrp.0+.I'M nr•nl ) 6• Tnx Nn.rr)No..U�3_30- -0•L•7—• _ F'OH A VACUA Ht.f•:CONS1(W RATION. .,fahich In Lpnlbv ocltnowlndand. ROBERT A. CI•MST_EItTIELD, JR,. hernhy(:eANT(S)tn JERRY M. VAND.F,RBEEK and PATRICIA VANDERBEE{, husband and wife, and MONT.y A. VANOERBffit and KAREN J. VANDERBEEK, husband and wife, all AS JOINT TF:NAN-M thr.fnlro,vinl:drsrrll)ed real prnpnlp in the ,Arrnly at, BUM t±lntr•of Callfnrnbi. Portion of. rhe West one half of the Northeast quarter of Section 1.7., Township 19 North, Range 6 East, M.D.I1. & M., described as follows; BEGINNIhtG at the Northwest corner of said Northeast quarter of Section 12; thence from said point of Beginning, South A-long the West line of aaa.d Northeast quarter- of Section 12, 1320 feet to the actual point of beginning, continuing along said West line, South 660 feet; thence East 1320 feet; thence North 660 feet; thence West 1320 feet to the actual point of beginning. {4 - 1). November 19, 1990 • ���R 18 ti�f,`o �or STATr•nu dSXM-15YcI411XX Washington , f On this_._2 th dny of_N2=b ei_ ,lA�0.. before me,the-lrndersigned,a Nntary Public in and for said Gnnnty and State,personally rpvearr,.rl ROBERT f4. CHES'rrRFIF,I.fl, JR. P• ronall.v known to roe(or proved to me on the haels of rrtlafactory evidence)to he the pereon whi,ar.neme _ .�S eabsorihr;d to mr,wlth;n the instrument An(1 ackninvledized that e 4nme.. �A:KOSTFf, W ITNT:$y my holttl and Offitirtl seal. ARy�tn% M Notary Fublic in nn nr xnld CuuRty and State. .� .�"e I ll.. Ire O U Ire l LLL��� V L`3 Lti r v-�r niNu MAI),TAX S'I'ATRMRNT AS nrkeCTRI)Ann'Vr, END OF DWUME JAN 3 0 2004 BUTTE COUNTY PLANNING DIVISION I e69 -Zu aL % PZ F j 6kd- 1, 998" - ( 1J j y 7si I91 186.9 8 L ZVIGI toil i 999Z z iL O \y \tl , r,N,- \\ ,\\ . un— []A -OD 3-uri 00 -'6js P16Z z I 31IIAOU0 Za. Owal Al is �—Ooqz 6 VMS -•..� �\ � � I l��s \�/li/il//k%;��///�= 1���I�r--=X111\`:lt;�,l����• 1>�\�')i/lL�/-itoz.�.=.1\\,\ �,,,`-:��tl. .'.;li:�i�lll`.:�. :.-�. V- zl� dvw AiLINDIA 007� N / PROJECT SITE r 2 1 1. 6 FORBESTOWN ROAD / 11 12 — ,.z , �: / / FORBESTOWN To waoDLEAF TPZ-160 ,LAS ZONING:UNCLkSSIFIED . / 00FORD WAYI /Q / T.19 N..R.6 L,N.D.N. / FORBESTOWN ROAD GP:RA ... GP:RA 11 12 _ 12 7 ZONING:UNCLASSIFIED ZONING:UNCLAS FIED C........ 14 13 / CUTOFF ROAD \ 13 16 N 9U00'OD•E / 1268.31' ' - 710.12' / 558.19' / VICINITY WP Ex1snHHc DIRT Roan / DOC. 90-053242 SCALE: I•=2000• MONTY VANDERBEEK TOTAL AREA AP: 073-300-027 / '19.0±ACRES ^' . O.M.D.1'1�NAL /j/ . � . AREA WEST OF FORBESTOWN ROADAj/ OWNER / APPUCANT: / AREA EAST OF FORBESTOWN ROAD ASSI:SsoR'$PAR(:[I:073-700-027 • 7.01 ACRES r - / • 12.0#ACRES . GP:RA MONTY VANDERBEEK of / -- o ZONING:UNCLASSIFIED 18412 E.LOUISE AVENUE t�`fd r 5%TO 10X �\ ESCALON,G 95320 GP:RA ZONING:UNCLASSIFIED r�� r/ EXISTING DIRT ROAD PREPARED DY: LS.7379 / JKL SURVEYING AND 265.00 r/ 1012.1' GEORGE WASLEY MANNING S 874551"W 1267.88' 10936 LOVAS COURT - GRASS VAUEY,G 95945 PN.(530)477-7343 GP:RA GP:RA REZONE EXHIBIT FOR ZONING:UNCLASSIFIED ZONING:UNCLASSIFIED MONTY VANDERBEEK /4 / BEING A PORTION OF THE WEST 1/2 OF THE NT 1/4 OF - 4 / SECTION 12, T.19 N., R.6 E., M.D.M. N THE UNINCCORPMTm TU RIIORY OF / BUTTE COUNTY, CALIFORNIA BAMFORD WAY SCALL-r=ton JANtm.2004 ( 1 JKL SURVEYING WASS VALLEY CUSORNA S11EEI I OF i y 1 + .. G.R.W. JAN '3 0 2004 BUTTE COUNTY PLANNING DIVISIOm , "DRAFT" LEAD IN SHEET FILE NO: �EZ O (4—OZ Ap# 13 300-O Z APPLICANT: y Qr�e( o eek_ OWNER: REPRESENTATIVE: PR POSED REQUEST: (to be filled out by person takinin plication) c2o�n o Ck l .ct c e_ rc aW\ U s s' i cc1� FAL'1EQTJET: (to be filled out by project planner) YIN f ,,S SIZE: g . 2 acre 5 LOCATION: b o l O oWvn �. 6 t'�D o cwt SUPERVISORAL,DISTRICT# EXISTING ZONING: GENERAL PLAN DESIGNATION:ASSIGNED PLANA PLANNERS INITIALS t;gi�'XDP idion'Mei4d Date ProjectAssigned ;1;40 _ 30 Day Complete Preset Hearing Date o ID • r • i COMMENT DISTRIBUTION LIST County Offices and Cities: .. S• �.. � / � ! , •t ��XLAFCo Administrative Offic r Develop.Se�Vices Director Pu Works Director ronmental Health �rAs'. esor ✓ uilding Manager ff BCAG ALUC ✓ _Air Quality Mgmt. _Butte Co.Farm Bureau Biggs _Gridley _9hico _0 ville _Paradise Chico Airport Commission nformation Systems Dept. _Animal Control X Agricultural Commission County Counsel Irrigation District: _Butte Water —Biggs/W.Gridley Water _Durham Irrigation 1 _OWID ' `_'Paradise Irrigation,_ ?_ _•Richvale Irrigation, Table Mountain Irrigation '+ Thermalito Irrigation Othe - Domestic Water ' _Butte Water District _California Water Service Co. Del Oro Water Co. A S� OWID _Thermalito Irrigation District Other' Sewer _Butte Water District _Themalito Irrigation _Sterling City Sewer Main Skansen Subdivision(CSA 21) _L.O.A.PUD /Fe. rotection alifornia Department of Forestry _EI Medio Fire Protection District Recreation Districts - _Chico Area Recreation _Durham Area Recreation 4 Feather River Rec.&Park _Paradise Recreation&Park _Richvale Recreation &Parks /4� -P-G&E S • i t r YNorth-Chico _Chambers Cable TV - ` Pacific Bell;.&E South-Oroville _Viacom Cable TV State Agencies < f� _CalTrans(Traffic) t-� _Dept.of Water Resources 4/Dept.of Fish and Game _Forestry(Attn:Craig Carter) _Dept of Parks and Rec. _Highway Patrol _Central Reg.Water Quality Cont. r _Caltrans,Aeronautics Program _Off.of Governmental&Env.Relations _Department of Conservation. , _"Off,of Mining Reclamation _Dept.Social Services,Comm.Care Licensing Federal Agencies _US Forest Service _US Bureau of Land Management _US Fish&Wildlife Service _Army Corps of Engineers _National Marine Fisheries Sservice Other Districts,Agencies,Committees,etc. _Lime Saddle Dist _Community Association School Districts _Drainage _Butte Env.l Council, Reclamation _Cal Native Plant Society I Ol4f'y gVML olV\A— '� _Butte Co.Mining Committee _Forest Rancti Community' Assoc. L71 _Paradise Pines Com. Assoc. _Butte Ck.Watershed Conservancy _Mosq.Abatement.Oroville/Butte Co K:\Planning\Forms\DISTR.wp Contacts Page 1 of 1 Main Office �( v q Loci r 1402 D Street �g��C-y Marysville, CA 95901 ; Telephone: 530.741.6278 Fax: 530.741.6541 Colgate Power Plant 12700 Lake Francis Road Post Office Box.176 Dobbins, CA 95935 Telephone: Control Room- 530.692.3401 Power System Manager - 530.692.3400 Shop - 530.692.3444 Emergency Telephone Numbers Steve Onken/Power System Manager - 530.589.1930 Curt Aikens/General Manager- 530.751.9052 V http://www.ycwa.com/Contacts.html 2/6/2004 Betts, Steve From: Wannenmacher, Felix Sent: Tuesday, October 05, 2004 11:15 AM To: Betts, Steve; Baker, Joseph Cc: Miller, Gloria Subject: Vanderbeek IS (REZ 04-02) Hi Steve and Joe, have reviewed the IS and have the following comments. In 4.1, we need to consider how we should address the issue of mutual shielding of lights along a road. We require it along certain roads, such as 32 and Skyway, why not Forbestown? In 4.2, the first sentence, the current zone is U, not TM. In 4.4, Mit#2, it is forty-eight. In 4.5, third paragraph, you refer to Mit#5, it is#4. In 4.7, fourth paragraph, you refer to Mit#6, it is#5. In 4.9, first paragraph, why do you discuss LDR in the last sentence? Are you contrasting with AR because TM-5 is « consistent under the former but only conditionally consistent under the latter? If yes,what is the point you are trying to make? Are you indicating it is less compatible than it could be? Farther down, you say there are seven zoning factors, but then you have eleven bullets. In the first bullet, you say TM is consistent with all the surrounding U, but you should consider whether this is true. U has the effect of locking in all parcels of less than 40 acres. Changing zoning may allow subdivision of a lot of parcels if other parcels also rezone. Will there be a domino effect? You should address this, at least mention it here, but really address it in the agenda report. You often say the rezone could lead to the creation of 3 new parcels, but it could lead others to also rezone and create even more parcels. In 4.17, check the box in 3.OA. Felix CONFIDENTIAL --ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are(1) notified that any disclosure, copying; distribution, saving, reading or use of this information is strictly prohibited, (2)requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. M 1 r Page 1 of l Betts, Steve From: Betts, Steve sent: Tuesday, February 15, 2005 10:26 AM To: Edell, Stuart; Fogel, Doug; Fowler, Steve; Schroth, Eric Subject: Review of the draft initial study for the Vanderbeek Rezone project, File REZ 04-02, APN 073-300- 027 Please see the attached documents. Steve. Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive,Oroville,CA 95965 Desk(530) 538-7153 - Fax(530)538-7785 � 1 2/15/2005 Page l of 2 Betts, Steve From: Baker, Joseph , Sent: Friday, October 29, 2004 10:18 AM To: Betts, Steve Subject: RE: Vanderbeek Rezone revised initial study Steve, Assuming that you have addressed all of Felix's concerns circulate the Initial Study for signature and as required by statute' Thanks..',, ' - Joe , Joseph W. Baker Planning Manager Butte County Department of Development Services (530)538-6572 „ joseph.boker@buttecounty.net From: Betts, Steve ' Sent: Tuesday, October 12, 2004 2:50 PM To: Baker, Joseph Subject: Vanderbeek Rezone revised initial study Attached is the revised initial study for the Vanderbeek rezone project. I incorporated most of the changes that• Felix wanted. The street lighting Felix mentioned is not warranted because this is a very rural area and street lights are not found anywhere in the area. This section of Forbestown Road is off the beaten path and is not utilized for through traffic. Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive,Oroville,CA 9596.5 Desk(530)538-7153 Fax(530) 538-7785 'From: Wannenmacher, Felix , Sent: Tuesday, October 05, 2004 11:15 AM To: Betts, Steve; Baker, Joseph Cc: Miller, Gloria x Subject:' r Vanderbeek IS (REZ 04-02) Hi Steve and Joe, . I have reviewed the IS and have the following comments. In 4.1, we need to,consider.how we should address the issue of mutual shielding of lights along a road. We 11/2/2004 Page 2 of 2 require it along certain roads, such as 32 and Skyway,why not Forbestown? In 4".2,the first sentence,the current zone is U, not TM. In 4.4, Mit#2, it is forty-eight. In 4.5, third paragraph, you refer to Mit#5, it is#4. In 4.7, fourth paragraph, you refer to Mit#6, it is#5. In 4.9%,first paragraph,why do you discuss LDR in the last sentence? Are you contrasting with AR because TM-5 is consistent under the former but only conditionally consistent under the latter?-If yes, what is the point you are trying to make? Are you indicating it is less compatible than it could be? Farther down, you say there are seven zoning factors, but then you have eleven bullets. In the first bullet, you say TM is consistent with all the surrounding U, but you should consider whether this is true. U has the effect of locking in all parcels of less than 40 acres. Changing zoning may allow subdivision of a lot of parcels if other parcels also rezone. Will there be a domino effect? You should address this, at least mention it here, but really address it in the agenda report. You often say the rezone could lead to the creation of 3 new parcels, but it could lead others to also rezone and create even more parcels. In 4.17, check the box in 3.OA. Felix CONFIDENTIAL --ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2)requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. , } 11/2/2004 _ Page 1 of 1 Betts, Steve From: Betts, Steve Sent: Tuesday, October 12, 2004 2:50 PM To: Baker, Joseph Subject: Vanderbeek Rezone revised initial study Attached is the revised initial study for the Vanderbeek rezone project. I incorporated most of the changes that 'Felix wanted. The street lighting Felix mentioned is not warranted because this is a very rural area and street lights are not found anywhere in the area. This section of Forbestown Road is off the beaten path and is not utilized for through traffic. _S_ ,Stephen Betts Senior Planner Butte CountyPlanning Division 7 County Center Drive,Oroville,CA 95965 Desk(530)538-7153 Fax(530)538-7785 From: Wannenmacher, Felix Sent: . Tuesday, October 05, 2004 11:15 AM To:' Betts, Steve; Baker, Joseph Cc: Miller, Gloria Subject: Vanderbeek IS (REZ 04-02) Hi Steve and Joe, _ I have reviewed the IS and have the following comments. In 4.1, we need to consider how we should address the issue of mutual shielding of lights along a road. -We require it.along certain roads, such as 32 and Skyway, why not Forbestown? In 4.2, the first sentence, the current zone is U, not TM. In 4.4, Mit#2, it is forty-eight. In 4.5, third paragraph, you refer to Mit#5, it is#4. In 4.7, fourth paragraph, you refer to Mit#6, it is#5. In 4.9, first paragraph, why do you discuss LDR in the last sentence? Are you contrasting with AR because TM-5 is consistent under the former but only conditionally consistent under the latter? If yes, what is the point you are trying to make? Are you indicating it is less compatible than it could be? Farther down, you say there are seven zoning factors, but then you have eleven bullets. In the first bullet, you say TM is consistent with all the surrounding U, but you should consider whether this is, true. U has the effect of locking in all parcels of less than 40 acres. Changing zoning may allow subdivision of a lot of parcels if other parcels also rezone. Will there be a domino effect? You should address this, at least mention it here, but really address it in the agenda report. You often say the,rezone could lead to the creation of 3 new parcels, but it could lead others to also rezone and create even more parcels. In 4.1.7, check the box in 3.OA., ` Felix CONFIDENTIAL --ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient,or a person responsible for delivering this email to the intended recipient,then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. 10/12/2004 Page 1 of 1 Betts, Steve From: Baker, Joseph Sent: Tuesday, September 21;2004 2:19 PM To: Betts, Steve Cc: Wannenmacher, Felix Subject: Vanderbeek REZ 04-02 Initial Study Steve, I have reviewed the initial study for Vanderbeek (REZ 04-02) and have made a few revisions in formatting and the numbering of the mitigations. In the original you sent to me there was a discrepancy.between the numbering of the mitigations listed in the body of the document and the ones listed at the end of the document (Number 6 was missing in the body). The text of the mitigations was . correct it was only the numbering of the mitigations. I have made the needed changes and saved it to the K drive. 1 have forwarded the Initial Study to Felix for his legal review. Pending any comments from Felix this Initial Study is ready for circulation and signature. Thanks... Joe Joseph W. Baker Planning Manager Butte County Department of Development Services (530)538-6572 joseph.bakerCaD-buttecou nty.net 9/21/2004 BOAR F SUPERVISORS BILLCONNELLY First District *= fes) ADMINISTRATION CENTER JANE DOLAN 25 COUNTY CENTER DRIVE-OROVILLE, CALIFORNIA 95965 Second District TELEPHONE: (530)538-7224 MARY ANNE HOUX Third District CURT JOSIASSEN Fourth District KIM YAMAGUCHI, Chair. Fifth District February 27, 2006 , R < Monty A. Vanderbeek ` 18412 East Louise Avenue Escalon, CA 95320 RE: .Rezone Public Hearing APN: 073-300-027 Dear Mr. Vanderbeek: This letter is to inform you that the public hearing before the Board of Supervisors for the above-referenced matter has been set for Tuesday,March 14,2006,at 10:45 a.m. The hearing will be conducted in the Board = of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. Please note that if you plan to submit information during the course of your hearing,you will need to provide 8 copies of each item you are submitting. Also,please be aware that any information submitted during the course of the hearing, including photographs, maps, video tapes, audio tapes, or written material,-will become part of the public record for that matter and will be retained by the Board. If you have any questions or concerns,please do not hesitate to contact me at 530-538-7643. Thank you. Sincerely, on Ree es Assistant C1 of the Board /mr. ✓cc: Development Services , F�0 .17_ FR '00 TPZ-160 \\\ o e J�r� U _ r r \ ' To, t • 41 r It i! •� TM \\ �( it I` �` .�'r \�� ���,� �� `' TPZ-160 it it U � �� \ It :TM' (� �� `� II -- \�'It � Ik J U? J _�, \\� �` it LvpY1n�— / — _—i/ l! T`M:: FJ60o�etFig \N� I LI r r - I I I YUBA COUNTY �i U or IT— YUBA// __°'li I _ \\ // TM CIO ®y !I r! Ak" IIItN•-1 t 0 �( ;I YUBA COUNTY C II \\ \\ treat d II U Beford we �r !! AR. ►, .'-� - -- _ Project Location rt \\ // CD - AR yli U, ply 1,300 650 0 1,300 2,600 3,900 5,200 6,500 7,800 9,100 10,400 11,700 Feet INr BUTTE COUNTY PLANNING COMMISSION Applicant: Monty A. Vanderbeek Owner: Same W E Hearin Date: 4 Existing Zone: U(Unclassified) S Supervisorial Request: Rezone from U (Unclassified, 20 acre minimum parcel size)-to Su p TM-5 (Timber Mountain, 5 acre minimum parcel size). District 41 )r t Assessor Parcel No: 073-300-027 File: REZ 04-02 i 1 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT—JANUARY 12,2006 Applicant: Monty A. Vanderbeek Location: On both sides of Forbestown Road, approximately 915 feet north of Bamford Way, - , approximately 1.8 miles east of Forbestown, east Butte County area. File#: RZ 04-02 Parcel Size: 18.9± acres Request:, Rezone from U (Unclassified, Supervisor 1 20-acre minimum parcel size) District: o to TM-5 (Timber Mountain, 5-acre minimum parcel size). G.P.: A-R(Agricultural Planner: Carl)Durling j f�SSO Residential) I � Att,ach�m nts: U (Unclassified, 20-acre �y Zoning: minimum parcel size) A: General Plan/Zoning Map Zone Date: January 6, 1987 B: Initial Study APN: 073-300-027 C: Site Plan EXECUTIVE SUM . This project is rrequest to'rezone the 18.9± acre parcel from U (Unclassified, 20-acre minimum ' parcel size)to TM-5 (Jnhiber Mountain, 5-acre minimum parcel size). With this rezone, and upon approval of a subsequent parcel map, the project site could be divided into three parcels for single family residential use. The project is consistent with the TM-5 zone and with the Butte .-County General Plan Agricultural-Residential land use designation, as well as the. goals and policies of the Land Use Element of the General Plan. A 7-5 / m� Staff recommends approval of this project with findings and conditions. `Staff also recommends PP P J g that the Planning Commission initiate an area wide rezone analysis of an appropriate TM zone. PROJECT DESCRIPTION: • This project is a request to rezone the 18.9± acre parcel from U (Unclassified, 20-acre minimum parcel size)to TM-5 (Timber Mountain, 5-acre minimum parcel size). ■ Butte County Department of Development Services ■ 0 January 12, 2006 ■ Agenda Report- Vanderbeek RZ 04-02 0 Page 1 of 13 0 i 14 a Q��07N t -+ ' ,n r�1 1 • With this rezone, and upon approval of a subsequent parcel map, the project site could be divided into three parcels for single family residential use. • The future parcel map on the project is expected to create one 7f acre parcel on the west side of Forbestown Road and two 6f acre parcels on the-east side of Forbestown Road. Sewage disposal for future dwellings on the site would be provided by individual, on-site septic systems. • Domestic water would be obtained from the South Yuba Water Company. • Access to the future parcels on the site would be from Forbestown Road, which is a public road. `• Up to six dwelling units could be placed on the project site (three prunary dwellings and three potential second dwelling units)with approval of a Parcel Map forkhriex(3,)parcels. SITE CHARACTERISTICS: The project site is located in an unincorporated area in the eastezn portion of Butte County, east of the small rural community of Forbestown. • The protect parcel is split by Forbestown Road, thapproximately 7 acres of the parcel on the west side of Forbestown Road and approximately I acres on the east side. • Forbestown Road along the project site carri only local traffic and has a very low vehicle count. Forbestown Road is a throug`li roa'd which connects to LaPorte Road to the south (in Yuba County). • Land uses on the surrounding parcels are single family dwellings on parcels approximately five acres in s' d timber harvesting. • The ro'ect sitte-has gentle to ov, with the steepest slopes being approximately 10%. P J g P � PY P P g PP Y • The elevation of the rtog approximately 2,320 to 2,400 feet above sea level. Vegetation n�thlh�poison t`eincludes Ponderosa pine, Douglas fir, incense cedar, tanoak, • P gmanzanita,'buckbroak, ferns,berry shrubs, grasses, and wildflowers. • No natural dr;nag s, wetlands, or vernal pools are on the site, but the Oroville Wyandotte ....�.. P Y Canal is found on the site west of and adjacent to Forbestown Road. • The project site is not within a 100-year flood zone, an earthquake zone, or an airport overflight zone. ANALYSIS: • The property is designated as Agricultural Residential in the Butte County General Plan Land Use Element. Consistent zones listed for this designation are A-20, A-40, TM-20, TM-40, FR-20, FR-40, and C-F. Conditionally consistent zones are A-5, A-10, TM-1 thru TM-10, ■ Butte County Department of Development Services ■ 0 January 12, 2006 ■ Agenda Report - Vanderbeek RZ 04-02 0 Page 2 of 13 0 FR-2 thru FR-10, SR-1, AR-2.5, RT-IA, and PUD. The Agricultural Residential designation calls for a minimum parcel size of 1 to 40 acres, with one single-family dwelling per parcel. • Surrounding General Plan, Zoning, and Land Use is shown in the following chart: Direction General Plan Designation Zonin2 Existing Land Use(s) North Agricultural Residential Unclassified Timber land South Agricultural Residential Unclassified Rural residential East Agricultural Residential Unclassified Rural residential West Agricultural Residential Unclassified Rural residential • The Agricultural-Residential General Plan land use designation allows for a parcel size of less than twenty acres if five conditionally consistent criteria can be met. These five criteria and a response to each one are: 1. Compatible with neighboring agricultural activities. 0 PZI The project site is not located in an agricultural area's agricultural uses, other than timber harvesting, are established on any 9 f t�iee parcels that surround the . project site. The project site is not adjacent to land's+that have a General Plan land use designations o Orchard and Field Crops or Grazing and Oen Lands. The Butte 8n f P g P County Agricultural Commissioner stated h66-the project would not impact any agricultural operations. The project wil nodcreate any impacts to agricultural activities. ' 2. Evidence of adequate water and serva�dis osal capacity. II q g � P Domestic water is proposedo be Stained from the South Yuba Water Company, which is a public agency that provides domestic water to the project area. Usable sewage disposal areas as, require by Appendix VII of the Butte County Subdivision Ordinance have notbeen„p 'Co Ordinance to exist on the site. However, Environmental Health has determined that,they�soils on the project site are generally suitable for on-site sewage disposal JUstem It is expected that there is adequate soil for a septic system on eachtpf the. t'. 6+ acre parcels that could ultimately be created as a result of this r zonep,ro the. 3. Availability''lofa quate fire protection facilities. The nearesi fire station is Station # 54 (CDF staffed) located approximately 6.3 miles to the southwest at.Robinson Mills. Volunteer station # 53 is located approximately 10.5 miles away in Clipper Mills. All new dwellings placed on the project site would be required to have interior fire sprinkler systems to help reduce impacts to fire protection services unless the project site is connected to a pressurized community water system. A fire hydrant is located approximately 425 feet to the southwest of the project site. 4. Adequately maintained approved road access with sufficient capacity to service area. The project site fronts on Forbestown Road, which is a public road. Forbestown Road along the project site is chip sealed and is of adequate width to provide for two- way traffic. Forbestown Road is a through road, and connects to LaPorte Road to ■ Butte County Department of Development Services ■ ■ January 12, 2006 0 Agenda Report-Vanderbeek RZ-04-02 0 Page 3 of 13 0 the south (in Yuba County). A portion of Forbestown Road south of the project site is dirt/gravel but appears to be traversable year-round. Forbestown Road along the project site carries only local traffic and has a very a icle count. A future' parcel map on the project site that would create�hreae 6 acre parcels has the potential to create approximately 29 vehicle trips pr y. The future parcels each have the potential for a second dwelling which would double the vehicle trips to 58. It is expected the actual number of vehicle trips would be much less due to the rural location of the project site. Yif 6, Eau 0 5. Reasonable accessibility to co al services and schools. A K-8 school is located in th community of Challenge, approximately six miles to the south of the project sit . High schools are located in Marysville, located approximately 40 miles to the south of the project site. School bus service is provided to these schools. 0 Small general stores are located in Forbestown andChallenge. Extensive commercial services are located in Oroville, approximatelyrriiles from the project site. � • Based upon the above responses, the proposed TM,5 one can be considered to be conditionally consistent with the Agricultural Residenteneral Plan land use designation. • The Agricultural Residential General Plan land seeNgignation lists eleven zoning factors that must be considered when determining, the appropriate zoning district for a particular area. The zoning factors, along with a,st sponse, are: 1. Existing parcel sizes and residential densities Surrounding and nearby,parcels range in size from 0.75 to 80 acres. There are twelve parcels to the south of th ite that range in size from 3.3 to 5 acres. The parcels to the north range in size from�0 75�t�1�0 acres. The parcel to the east of the site is 14+ acres, while the parcel to th west is 80 acres. Land uses on the surrounding parcels are primarily single fam y dwellings, with some timber harvesting. The requested TM-5 zone would cons steJ with most of the surrounding and nearby parcel sizes and land uses. However he U, zone, a holding zone, surrounds the property. 2. Slope The site `aV' an average slope of approximately 3% with the steepest slope being approximately 10%. The lack of steep slopes on the site would not hinder residential. development on the three future parcels that may be created on the project site as a result of this rezone project. 3. Soil conditions and water availability The soils on the project site are generally adequate for individual, on-site septic systems. The site does not contain any wetlands or vernal pools, and does not appear to be subject to high groundwater levels. Domestic water for any future dwellings on the site would be obtained from the South Yuba Water Company. Well water may be utilized for irrigation purposes. ■ Butte County Department of Development Services ■ 0 January 12, 2006 0 Agenda Report- Vanderbeek RZ 04-02 ■ Page 4 of 13 ■ 4. Effects on adjacent uses, crop production, livestock grazing, forestry, resources extraction, and wildlife habitat This rezone to TM-5 could result in the creation of three + ac e parcels on the project site, each of which could be developed with a single family dwelling unit. A second dwelling could be developed if environmental health requirements and setback requirements can be met. No agricultural uses, other than some timber harvesting, is found on the surrounding parcels. No mineral resources are extracted from any of the surrounding parcels. The project site does not contain any critical animal habitat. 5. Proximity to public roads and other public facilities. The project site fronts on Forbestown Road, which is a public road. A K-8 public school is located in the community of Challenge, approximately six miles from the project site. A post office is located in nearby Forbestown. No other public facilities exist in the project area. a 6. Distance from airports, railroads and industrial uses. 4 As these uses can conflict with the residential uses, the-,higher density of the TM-5 zone .` Y should not be applied near these features. No air por.'ts, roads, or industrial uses are located in the project area. These types of uses woul`d:not have any impact to future residents on the project site. 7. Existing utilities, walkways and drainage facili ies.. Electrical and telephone lines are locked on Forbestown Road and can easily be extended to the project site. Piped natural gas service is not available-in the Forbestown area, and many homeowners utilize propane. Domestic water can be obtained from the South Yuba Water Companykre' a'-,),are The pro ect site is located in a rural area, and County road standards do not require+thtallation of curb, gutter, and sidewalks along roadways. Drainage facilities in the limited and generally not needed due to the low density of development(in the p ject area. Stormwater runoff from parcels in the project area is normally dir;tMMin o natural drainages. 8. Potential fob s``dace*king, landslides, and erosion Surfacecrackingusually caused by expansive soils, is not a problem in the project area. The project sis not prone to landslides because it does not contain steep slopes. The soils on t ee si _Y decomposed granite—are not generally prone to erosion. 9. Effect on noise, traffic flow and.safety, water quality, wildlife habitat and general environmental quality This rezone to TM-5 could result in the creation of thre 6 acre parcels on the project site, each of which could be developed with a sing e family dwelling unit. A second dwelling could be developed if environmental health requirements and setback requirements can be met. The resulting residential uses would result in a minor increase in noise in the project area, but this increase would not be significant and would be compatible with the other residential uses in the project area. The increase in vehicular traffic would be minor, adding approximately 29 additional vehicular trips to the roads in the area, as well as the added 29 vehicular trips that may be added by permitted ■ Butte County Department of Development Services ■ 0 January 12, 2006 0 Agenda Report-Vanderbeek RZ 04-02 0 Page 5 of 13 0 second dwelling units. The roads in the project area have the capacity to handle the minor increase in traffic generated by the project. 10. Local desires Due to its rural mountain location, but relatively short drive to Oroville, the Forbestown area is very desirable and faces increasing pressure for additional residential development. At this time the local desires regarding this rezone project site are not known. This rezone project requires recommendation for approval by the Planning Commission and approval by the Board of Supervisors, both of which will hold public hearings on this project. Local desires would not be fully known until the hearings are held. A public hearing would also be held for any future land divisions on the project site. 11. Potential for pest insect breeding. ,, This rezone project, and a subsequent parcel map to create jthre`J 6+ a re residential parcels on the project site, are not expected to create a 1%tent Y for pest or insect breeding because residential uses typically do not include i provements that would be conducive to pest or insect breeding. Se • The project site was zoned Unclassified (iJ) on January, 6, '89. The U zone was intended to be a temporary "holding" zone and the Coun tended to rezone those parcels zoned U to a P �' g � tY^m ,.� zone more appropriate for the area. This requestef*r zone to TM-5 may be considered a spot zone. However, the intent of the U zone is to old p1bperty in this zone until a request for an appropriate zone is made which is consiste t with the General Plan designation for the area. Section 24-230 (h) (2) states: "Control on land divisions. Any proposed land division of twenty (20) acres or less must first apply for�and obtain specific zoning consistent with the general plan or applicable area orqec�fic plans. " The staff is recommending aAIM pproval of the request because the TM-5 zone is consistent with parcel sizes and uses '' the area. However, staff believes that the Planning Commission should iEdtM@ ah areal wide zoning to an appropriate TM zone. v� • Based upon a trip g�n 'ttion rate of 9.57 vehicle trips per day, the project could result in N approximately 57 'additional vehicular trips per day if each of the proposed parcels is developed with, W6 dwelling units. It should be noted that dwellings in rural areas generally will generate less than 9.57 vehicle trips per day. The roads in the project area have the capacity to handle this minor increase. • The project site is utilized by resident and non-resident deer. In order to protect deer herd •movements, a mitigation measure is recommended that requires all new fences meet California Department of Fish and Game fencing standards. ENVIRONMENTAL REVIEW/CEQA ISSUES: The initial study prepared for this project determined there would be future *Few environmental impacts to the following areas: ■ Butte County Department of Development Services ■ ■ January 12, 2006 0 Agenda Report- Vanderbeek RZ 04-02 0 Page 6 of 13 0 • • Air Quality (dust control during site development activities) • Biological Resources (impacts to deer herd movements, oak tree habitat, and stream habitat) • Cultural Resources (possible disturbance of archaeological resources) • Fire Hazards (extended building setbacks to allow for vegetation clearance) • Public Services (interior fire sprinkler systems required in all new residential structures) The initial study, which is attached to this agenda report, recommended six mitigation measures to reduce parcel map environmental impacts to a less than significant level. These mitigation measures are to be applied to any future parcel map on the property. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required because the project has the potential to cause impacts to fish or wildlife or their habitat. The initial study/mitigated negative declaration was sent to the Governor's Office of Planning and Research, State Clearinghouse, for a 30-day review period(SC` Z,'# 2005052011). The review period began 5/6/05 and ended 6/5/05. Notices regarding the 3 �da ir"vie period were mailed to landowners near the project site, and a notice was place,yin>the Oroville Mercury Register. K:\Planning\PROJECTS\REZ\VANDERBEEK.04-02\Vanderbeek RZ"0.402 Agenda Report current.doc ■ Butte County Department of Development Services ■ ■ January 12, 2006 0 Agenda Report- Vanderbeek RZ 04-02 ■ Page 7 of 13 ■ 5 36 36 1 719N,RNE MDB&M. 2 1 eN6A�a - -- — i p v . i i i ' i i ■ Butte County Department of Development Services ■ 0 January 12, 2006 0 Agenda Report-Vanderbeek RZ 04-02 0 Page 8 of 13 ■ �. T 60 T a r Vanderbeek f -REZ 04=0 2 - OR , �. .i West side of Forbestow n Rd �. .1 k � p P r + Vanderbeek � D o. REZ04-02 East side of , D, 12 .. i 1, Forbestown Rd' f a 1 A j { r ----- ------ ■ Butte County Department of Development Services ■ ■ January 12, 2006 0 Agenda Report- Vanderbeek RZ 04-02 0 Page 9 of 13 ■ f I �?3 � �.._ � .esKa .ei taro e - — '--• . \ f C 4,0 CD • 1 ^T t N R T2111 '. ase 1 ' S aMOV E WS.SE j 41 apt a es E z 5 t ■ Butte County Department of Development Services ■ ■ January 12, 2006 ■ Agenda Report-Vanderbeek RZ 04-02 ■ Page 10 of 13 ■ RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF REZONE 04=02 WHEREAS, the Planning Commission has considered Rezone 04-02 for Monty Vanderbeek in accordance Chapter 24, Zoning, of the Butte County Code on Assessor's Parcel Number 073-300-027; and w WHEREAS, the Planning Commission has considered a Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Rezone 04-02 was referred to various affected public and private agencies, County departments, and referral agencies for re onmment; a id . _. WHEREAS, a public hearing was held o ecember 22, 2005;fd WHEREAS, the Planning Commissi has considered IC��ents and a report from the Planning Division: NOW THEREFORE,BE IT RESOLVED,that the Plannin?Co ssion: l���g�nmi I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed ` �compltance with the California Environmental , Quality Act. Said study dent f ed s gnificant environmental effects and included mitigation measures that would,m tigate such effects below significant levels; a j Mitigated Negative Declarati n is proposed. B. The Planning Co mrnision has considered the proposed Mitigated Negative Declaration, together7wrth comments received during the review process. C. On the basis;fof�the�whole'record before the Planning Commission, including the Initial St day nd any comments received, there is no substantial evidence that the Reezone&f�oirklMi ty A. Vanderbeek, Planning Division File No. RZ 04-02, would have a significant effect on the environment. The custodian of the record is the Butte County Development Services Department. The location of the record is 7 Cownty,Center Drive, Oroville CA 95965. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Adopt tg—ated Negative Declaration regarding environmental impacts, with a eas e I through 6, as detailed in the Agenda Report dated December 22, 2005. II. Finds that the design of the proposed project will not cause environmental damage to fish and wildlife or their habitat, and a "de minimis" exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Sectio ■ Butte County Department of Development Services ■ ■ January 12;2006 ■ Agenda Report-Vanderbeek RZ 04-02 ■ Page I I of 13 ■ ovr r 711.4 and 14 CCR 753.5, is not required at this time. The project site is not known to contain any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. The project will not have a substantial adverse effect on any riparian habitat; . have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the v Clean Water Act;.conflict with any local policies or ordinances protecting biological resources; or,conflict with the provisions of an adopted Habitat Conservation Plan. III. Recommend approval of Rezone 04-02 for Monty A. Vanderbeek, based on the following findings: A. The proposed rezoning map is consistent with the following Butte County General Plan Land Use Element Goals and Policies: 3.2.a. Residential densities shall be correlated to soil, slopeand other natural site characteristics. 3.2.b. Correlate residential densities to availability o watern sewage disposal and proximity to other public facilities. ti 3.2.c. Relate residential densities to intensity afid compatibility of adjacent uses. 3.2.d. Balance residential densities with traffic-carrying capacities of existing and proposed circulation plans. 7.1.a. Consider fire hazards in all land use and zoning decisions, environmental jV -review, subdivision review and the provision of public services. B. The rezoning of the project proper is consistent with County standards and policies. . C. The project is physically surtabl"e for the use and density of the proposed rezoning.- D. The rezoning o fie. poject area will not cause public health or safety problems because the project area does not contain any physical characteristics that could cause healthzorsuet concerns. E. The zoninf a project area will-not conflict with easements acquired by the , blrc a Marge for access through or use of property within the proposed rezone a. Sepr6jLt F. site is not located within an earthquake fault zone or a 100-year flood ' zone. G. The project would not have an impact to any aircraft operations because the project site is not located within an Airport Compatibility Zone. H. Approval of this project will not be detrimental to the public health, safety, and welfare provided the required conditions and mitigation measures are complied with. I. The project is conditionally consistent with the Agricultural Residential General Plan land use designation because the proposed zone meets eleven zoning factors • of the Agricultural Residential designation of the General Plan. ■ Butte County Department of Development Services ■ ■ January 12,2006 0 Agenda Report- Vanderbeek RZ 04-02 0 Page 12 of 13 ■ J. The project would not cause any impacts to agricultural operations because none • are located near the project site. K. The roads in the project area have the capacity to handle the minor increase in vehicular traffic generated by the project. IV. Initiate a rezone of the area to an appropriate TM zone by Resolution of Intention. DULY PASSED AND ADOPTED this 22nd day of December, 2005,by the following vote: AYES: Commissioners NOES: ABSENT: . ABSTAIN: CHUCK NELSON Vice4fiaiiman Planning Commission County of Butte, State of California ATTEST: LYNN RICHARDSON, Secretary Planning Commission County of Butte, State of California s , ■ Butte County Department of Development Services ■ ■ January 12, 2006 ■ Agenda Report- Vanderbeek RZ 04-02 0 Page 13 of 13 0 RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING TENTATIVE PARCEL MAP 04N-27 WHEREAS, the Planning Commission has considered Tentative Parcel Map 05-18 for Jake Konyn and Robert Kidd, in accordance with Chapter 20; Subdivisions, of the Butte County Code on Assessor's Parcel Number 039-240-045; and WHEREAS, the Planning Commission has considered a Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and ' WHEREAS, said map was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a public hearing-was held on October 13,2005; and WHEREAS the Planning Commission has considered public comments and a report from the Planning Division. NOW,THEREFORE,BE IT RESOLVED, that the Planning Commission: I. Adopts a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a { Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Tentative Parcel Map for Jake Konyn and Robert Kidd, Planning Division File No. TPM 05-18, would have a significant effect on the environment. The custodian of the record is the Land Development Division of the Public.Works Department.- The location of the record is 7 County Center Drive, Oroville CA 95965. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Finds that the design of the proposed project will not cause environmental damage to fish and wildlife or their habitat, and a "de minimis" exemption regarding impact to fish and wildlife or their habitat is recommended. The'collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5, is not required at this time. The project site is not known to contain any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; conflict with any local policies or ordinances protecting biological resources; or, conflict with the provisions of an adopted Habitat Conservation Plan. r ' t ` Rezone Study Area Mean Parcel Size 4.95 Ac. ; U o LL. Q ' ':AR i. U - ' Forbestown U EXHIBIT"D" ` Vanderbeek Rezone N RZ 04 202 * ' w ,. E E , , z �� Page_I Message `of'1 fir , 1 �- Betts, Steve From: GEORGE [gbarber@southfeather.com] Sent: Thursday, April 29, 2004 2:29 PM To: Betts, Steve Subject: REZ 04-02 Please be advised that the above mentioned rezone should require a 30 foot easement, ` 15' on each side of the existing canal be dedicated to South Feather Water and Power Agency. This'canal provides raw water to Yuba County Water District and adequate space is required to operate and maintain this conduit. The easement shall provide for future lining and or piping. of this section of canal. Thank you, South Feather Water&Power George Barber Water Division Manager Phone:(530) 533-4578 ext.212 Fax:(530)533-9700 4/29/2004 a Page 1 of 2 Betts, Steve From: Schroth, Eric Sent: Thursday, March 11, 2004 11:56 AM To: Betts, Steve Subject: FW: REZ 04-02, Monty Vander Beek; Steve Betts, planner PW does not have any comments on this one. -----Original Message----- From: Thornton, Roneva Sent: Wednesday, February 18, 2004 11:39 AM To: Willis, Don; Bottenfield, Cliff; Breedon, Dan; Christopher, Yvonne; Crawford, Ted; Fogel, Doug; Fowler,. Steve; Hill, Rob; Johnston, Mary; Lawrence, Gail; MacKenzie, Robert; Nash, Aubrey; Price, Richard; Reimers, Ken; Rutherford, Scott; Schroth, Eric; Severin, Vance; Starrett, Bill; Vieira, Mike; Wannenmacher, Felix Subject: REZ 04-02, Monty Vander Beek; Steve Betts, planner , To: Members of the Inter-Departmental Review Committee ' Subject: REZ 04-02, Monty A. Vander Beek APN: 073-300-027 a 30-Day Complete: 3/1/2004 Project Planner: Stephen Betts Please respond by: 02/23/2004, regarding completeness of application ' Date of IDR: 02/25/2004 Do you find this application complete? ❑ No. What is needed to make the application complete? ❑ Yes. Conditions and/or mitigation measures (please respond by 03/11/2004) Standard Conditions are attached for your convenience. Please send your response to sbetts@buttecounty.net This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, LAFCo, County Counsel, the Development Services Director, the Assessor's office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed 'through Aubrey Nash at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that 3/11/2004 -----Original Message----- Page 1 of 2 Betts, Steve From: Thornton, Roneva Sent: Monday, March 01, 2004 8:30 AM To: Betts, Steve Subject:FW: REZ 04-02, Monty Vander Beek; Steve Betts, planner -----Original Message----- From: Hill, Rob Sent: Friday, February 27,.2004 4:49 PM To: Thornton, Roneva Subject: RE: REZ 04-02, Monty Vander Beek; Steve Betts, planner -----Original Message----- From: Thornton, Roneva Sent: Wednesday, February 18, 200411:39 AM To: Willis, Don; Bottenfield, Cliff; Breedon, Dan; Christopher, Yvonne; Crawford,Ted; Fogel, Doug; Fowler, Steve; Hill, Rob; Johnston, Mary; Lawrence, Gail; MacKenzie, Robert; Nash, Aubrey; Price, Richard; Reimers, Ken; Rutherford, Scott; Schroth, Eric; Severin, Vance; Starrett, Bill; Vieira, Mike; Wannenmacher, Felix Subject: REZ 04-02, Monty Vander Beek; Steve Betts, planner To: Stephen Betts, Planning From: Rob Hill,Agriculture Subject: REZ 04-02, Monty A. Vander Beek APN: 073-300-027 30-Day Complete: 3/1/2004 Project Planner: Stephen Betts Please respond by: 02/23/2004, regarding completeness of application Date of IDR: 02/25/2004 Do you find this application complete? 0 1 No. What is needed to make the application complete? X Yes. Conditions and/or mitigation measures (please respond by 03/11/2004) Standard Conditions are attached for your convenience. No other comments, conditions or mitigation measures. 3/1/2004 Betts, Steve From: Jones, Darren Sent: " Friday; February 27, 2004 4:09 PM To: Betts, Steve Cc: Fogel, Doug Subject: Monty A.Vander Beek, Rezone--REZ 04-02 Our department has no conditions for this rezone.,Area has adequate soil and water to support 5 acre parcels. - r . 1 BUTTE COUNTY t V niftea FEBD 19 2004 o� DEVELOYN IENT d Marysville Joint Uni�ed School DistrM'�cEs 1919 B Street Marysville, CA 95901 (530) 741-6000 FAX(530)742-0573 February 18, 2004 Butte County Department of Development Services Planning Division 7 County Center Drive Oroville, Ca 95965 ATTENTION: Stephen Betts REGARDING: APN#073-300-027 The Marysville Joint Unified School District appreciates the opportunity to respond to the proposed development. The District does not have sufficient capacity to accommodate all of the students from new development. Moreover,under current State law the maximum amount of school facilities impact mitigation the District can require from new development is significantly less than the amount the District needs to provide quality school facilities. Therefore, although the District is committed to providing the finest education possible for all of its students,the District cannot guarantee That it can provide quality school facilities for the students generated by the proposed development. The development is located in the current attendance boundaries of the schools shown below. However, attendance boundaries may.change in the future and,therefore there is no guarantee that the students from the proposed development will attend these schools. Yuba Feather School Marysville High School r Grades K- 8 Grades 9.- 12 Bullard's Bar Road 12 East 18`h St. P O BOX 1458 Marysville, CA 95901 Challenge, CA 95925 530/741-6180 ; 530/692-1022 Pursuant to Board Policy-3540 and Administrative Regulation 3540.1,the District will voluntarily provide transportation for pupils under provisions of state law and regulations. Students meeting the following criteria may be,eligible for bus transportatlan to and from school: ♦ Students;grades K-5;residing one(1)mile or more from.an elementary school. i Students, grades 6- 8,residing one and one quarter(1 '/4)miles or more from an intermediate school. ♦ Students,-grades 9. 12,residing two and one quarter(2 '/4)miles or more'from a secondary school. ♦ Special education students who have transportation required by their individual education plan. ♦.• Students qualifying because of an area being declared a health and safety hazard. Sincerely, Maureen Fitzgerald 'Assistant Superintende lusiness Services MF:ldm IL)Recycled Paper Butte County Department of Development Services PLANNING DIVISION 0��Y�F o 7 County Center Drive 0 0 Oroville,CA 95965 0 0 (530)538-7601 Telephone o `=°0 o (530)538-7785 Facsimile —� c�U NZy February 19,2004 = TO: Inter-Departmental Review Committee FROM: Stephen Betts, Butte County Planning Division SUBJECT: 'Request for Comments on a Development/Land Use Application APPLICANT: Monty A. Vander Beek, Rezone- REZ 04-02 APN: 073-300-027 DATE OF IDR: 2/25/2004 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: February 23, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: March 11, 2004 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter-Departmental Review (IDR) Committee meeting on 2/25/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Rezone on an 18.9 +/- acre parcel from U (Unclassified) to TM-5 (Timber Mountain, five-acre parcels) - PROJECT LOCATION: on both sides of Forbestown Road, approximately 915 feet north of Bamford Way, east of Forbestown COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: U(Unclassified) GENERAL PLAN: AR(Agricultural Residential) If a response cannot be submitted prior to the due dates listed above,please call Stephen Betts at (530) 538-7153 or send him an e-mail at sbetts@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for June 10, 2004, before the Planning Commission. IDR COMMITTEE =APPLICATION`COMPLETE: ❑ No (Please send response to sbetts@buftecounty.net by February 23,2004 X Yes (Conditions/mitigation measures due by March 11, 2004) K:\Planning\Projects\CommentRequestForm.dot BUTTE COUNTY STANDARD CONDITIONS FOR REZONE APPLICANT: Monty A.Vander Beek DATE: 1/30/2004 AGENT: APN: 073-300-027 FILE#: REZ 04-02 PLANNER: Stephen Betts PROJECT DESCRIPTION: Rezone on an 18.9+/-acre parcel from U(Unclassified)to TM-5 (Timber Mountain,five-acre parcels) Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: _ 1. Construction,installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations,(Public Resources Code 4290),and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. _ 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank,payment of$200.00 per created parcel into the Battalion_water tend fund,is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing_feet,hydrant size_inches,and residual fire flow_gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation,payment may be made into the hydrant fund at a cost of$1.72 per lineal foot of street frontage. The estimated fee amount is$ _ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. 8. Provide an all weather access of at least 10-foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. _X_ 9. This rezone has no impact on the Fire Department,but the accumulative affect of rezoning to higher density developments is increased demand for fire protection services and higher costs to the County. Pacific Gas and Electric Company 460 Rio Lindo Avenue Don Chambers & Chico,CA 95926 Chico Land Rights Office 530/8944423 BUTTE FAX 530/894-4414 COUNTY FEB 1 .1 2004 DEVELOPMENT February 10, 2004 SERVICES Mr. Stephen Betts Butte County Department of Development Services, Planning Division 7 County Center Drive Oroville, CA 95965-3397 RE: Rezone-(Vander Beek) File: REZ 04-02,APN: 073-300-027, Forbestown Road Dear Mr. Betts: We have reviewed the subject map. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. There shall be no building of structures, or the storage of any materials allowed over or under any existing PG&E facilities, or inside any easements that exist. Thank you for the opportunity to review this matter. If you have any questions,please call me in Chico at 894-4423. Sincerely, Donald W.-Chambers Land Agent (file: REZ04-02.doc) .• r .. f„to - W...7i ` '-'.t . ' ''_ J�iei AJ'. `r k; ... ' ., r f� t,',..a_:�'.11.'- `. I�. , .v" .. 'i-" ' ,1�' \•t; �' { -, ...,..+>, Flu... .. _.. }....�t1-~..)•. .t .. ! :I•' .t :1 ` ft' .. �.i .. �.iw.:. v.. .. ,'.iYr:'J..•J��I rt: Butte County Department of Development Services PLANNING DIVISION o�%3 T T�O ' 7 County Center Drive Environmental Health 0 ° Oroville,CA 95965 0 0 (530)538-7601 Telephone FEB 0 6 2004 0 o --- o (530)538-7785 Facsimile 7 County,Center Drive CDU N'�y February 6,2004 Orovllle, Ca TO: Envirnmental Health FROM: Stephen Betts,Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Monty A. Vander Beek, Rezone'- REZ 04-02 APN: 073-300-027 DATE OF IDR: 2/25/2004 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: February 23, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: March 11, 2004 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter-Departmental Review (IDR) Committee meeting on 2/25/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Rezone on an 18.9 +/- acre parcel from U (Unclassified) to TM-5 (Timber Mountain, five-acre parcels) PROJECT LOCATION: on both sides of Forbestown Road, approximately 915 feet north of Bamford Way, east of Forbestown COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: U(Unclassified) GENERAL PLAN: AR(Agricultural Residential) If a response cannot be submitted prior to the due dates listed above,please call Stephen Betts at (530) 538-7153 or send him an e-mail at SBetts@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for June 10, 2004, before the Planning Commission. IDR�CO wTEE' APPLICATIONCOMPLETdE` .; 0 No (Please send response to Sbetts @ buttecounty.net by February 23, 2004 Yes (Conditions/mitigation measures due by March 11, 2004) �--I 0-0 K:\Planning\Projects\ConunentRequestForm.dot Page 1 of 1 Betts, Steve From: Schroth, Eric Sent: Tuesday, February 17, 2004 8:18 AM To: Betts, Steve Subject: REZ 04-02 Steve, REZ 04-02 is complete for Public Works. 6s,11�;"s�� Butte County Public Works Land Development Division 7 County Center Drive Oroville,CA 95965 Phone:(530)538-7266 FAX:(530)538-7171 s .s r 2/17/2004 t 0 . NOTICE OF DETERMINATION 1 TO: ® Butte County Clerk JUN 122 ❑ Office of Planning and Research 1400 Tenth Street p g EM( P.O. Box 3044 Zppufy Sacramento, CA 95812-3044 FILING NO. FROM: Butte County Department of Development Services, Planning 7 County Center Drive, Oroville, CA 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. AP Number: 073-300-027 Project Title: .REZ 04-02,Rezone Applicant: Monty A. Vander Beek, 18412 East Louise Avenue,Escalon,CA 95320 Contact Person: Carl Durling Telephone Number: 538-7601 Project Description: . Rezone on an 18.9+/-acre parcel from U(Unclassified)to TM-5 (Timber Mountain, five-acre parcels) Project Location: on both sides of Forbestown Road, approximately 915 feet north of Bamford Way, east of Forbestown - State Clearinghouse Number,(If submitted to clearinghouse): This is to advise that the Butte County Board of Supervisors has'approved the above-described project on 12:00:00 AM and has made the following determinations regarding the above-described project: 1. The project®will, ❑will not,have a significant effect on the environment. 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 3. ®A Negative Declaration was prepared for this project pursuant to the provisions of CEQA: 4. Mitigation measures ®were, ❑were not,made a condition of the approval of the project. 5. A statement of overriding considerations ❑was, ®was not, adopted for this project. This is to certify that the final EIR, with comments and responses and record of project approval, is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services POSTED - - 7 County Center Drive THROUGH Orovil1AC t Charles Thistlethwaite, Development Services Planning Manager s ' r 1' i ` o Mitigation Measures: Mitigation Measure # 1: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: ' a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. �c. . Water shall be applied to disturbed areas a minimum of two(2) times per day or more as necessary. d. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County.Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200&205 (Nuisance and Fugitive Dust Emissions). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency." Plan Requirements: The note shall be laced on a separate document which is to be recorded q p P concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Planning Division and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Department of Development Services shall ensure that this note is placed on all building and site development plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. Mitigation Measure # 2:. The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Fencing for areas other than residential areas shall be limited to a maximum of five (5) wire strands. The lowest strand shall be at least sixteen (16) inches above the ground and the upper strand shall be no higher than forty-eight(48)inches above the ground." Plan Requirements: The above note shall be placed on separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: The note shall be reviewed prior to recordation of future maps approved on the project site. Monitoring: The Department of Development Services and Public Works Department shall ensure the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building Division shall ensure that the note is placed on all building and site development plans.' Building inspectors shall spot check; and Building shall ensure compliance on-site. Mitigation Measure # 3: • The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "At the time of building permit application, pay the applicable Deer Herd Impact fee(s) currently in effect." Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Timing: The required fee shall be paid at time of building permit issuance, if adopted or in force at the time of application. Monitoring: The Department of Public Works and the Planning Division shall ensure that the required note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet the map. The Building Division shall collect the fees at the time of building permit issuance if the County adopts the fees. Mitigation Measure # 3: The following note shall be placed on a•separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "At the time of building permit application, pay the applicable Deer Herd Impact fee(s) currently in effect." Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Timing: The required fee shall be paid at time of building permit issuance, if adopted or in force at the time of application. Monitoring: The Department of Public Works and the Planning Division shall ensure that the required- note equired note is placed on a separate document which is to be recorded concurrently with the map or on an additional-map sheet the map. The Building Division shall collect the fees at the time of building permit issuance if the County adopts the fees. Mitigation Measure#4: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site-or on an additional map sheet: "Should development activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered;State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The required note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction activities. Monitoring: The Department of Public Works and the Planning Division shall ensure that the note is placed ori a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building Division shall ensure the note is placed on all building and site development plans. Should cultural resources be discovered, the Planning Division shall coordinate with.the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure-# 5: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "The building setback from all property lines shall comply with the requirements of Public Resources Code 4290 and 4291 (Fire Safe Regulations)." Plan Requirements: The above note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and-site development plans. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition. Monitoring: The Public Works Department and the Butte County Fire Department/CDF shall ensure that the note is placed on a separate document which,is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet. The Butte County Fire Department/CDF will review all of building and site plans for compliance with PRC 4290 and 4291. The Building Division and the Planning Division shall check building and site plans for compliance prior to issuance of a building permit. Building inspectors shall ensure compliance by conducting an on-site inspection prior to the Parcel inspection. Mitigation Measure # 6: The following note shall be placed on a separate document which is to be recorded concurrently with any future parcel or subdivision map on the project site or on an additional map sheet: "Fire suppression sprinkler systems shall be installed in all new 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, unless a pressurized community water system, with hydrants that meet Fire Department specifications, serves the parcels." Plan Requirements: The required note shall be placed on a separate document which is to be recorded . concurrently with any future parcel or subdivision map on the project site or on an additional map sheet and on all building and site development plans. Timing: Interior fire sprinkler systems shall be installed in all new residential structures at the time of building construction. Monitoring: The Department of Public Works and the Planning Division shall ensure that the note is -placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Building Division shall ensure the note is placed on all building and site development plans. Building Division plan checkers shall ensure that the building plans for residential structures include interior ` fire sprinkler systems. Building inspectors shall ensure all residential structures have a functioning interior fire sprinkler system prior to the final inspection,by conducting an on-site inspection. DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) _ Name and address of applicant: , Monty A. Vander Beek 18412 East Louise Avenue Escalon, CA 95320 Project Title/File Number: Rezone, REZ 04-02 APN: 073-300-027 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/ STATEMENT OF EXEMPTION ' ❑ A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ❑ B. De Mimmis Impact - Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION- FEE REQUIRED ® A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. OTHER (Specify) ❑ $36.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: L ® PAYMENT: The above fees have been paid. See attached receipt(s): # 394748 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official • By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services • Date: June 20, 2006 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE,BUUTTE.COUNTY CLERK'S OFFICE. . THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. z CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4;Section 753.5c,Title 14,California Code of Regulations) Project Title/Butte County Location: REZ 04-02, on both sides of Forbestown Road, approximately 915 feet north of Bamford Way, east of Forbestown Project Description: Rezone on an 18.9 +/- acre parcel from U (Unclassified) to TM-5 (Timber Mountain, five-acre parcels) Findings of Exemption(attach.as necessary): 1.. The County of Butte has conducted an Initial Study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I-hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adveise effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: CVZes hist et Waite, Development Services Planning Manager Lead Agency: County of Butte Date: June 20, 2006 COUNTY OF BUTTE 'AUDITOR'S CERTIFICATE AND TR'EASURER'S RECEIPT ` ORWLLE, CA 71154 RECEIVED FROM P LA N NINA SAC 0329 DATE FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE: AMOUNT DEPOSIT DATE: 2.3 RECEIPTS: 39474$-3947 PLANNING APFL FEES GERL Eller+ 44=1 421 68W i01001 5,`114 oo LANES DEVELOPMENT GE NL 4010 440004 46ii c-00 101001 1,250.00 E[WROit MENTAL HLTH GENL 0010 fAom 4614901 101001 942.60 FIRE PLNG,TFL FEE FIRE PROTECT 0`100 4617240 10`1001 387.-Wj .IODK-4OE_CLSRK-!S-FIL-INN-FE G-ENC=> 0010 470001 46123`19 40`1001 180.6 D.O.T.-ALUC PLANNING CELL 0010 44=1 4617241 101001 3W.W AF- Z Uc �d:rb �K-�o � s �:. TOTAL 85069.00 i APF'I UitED ffY: RECEIVED BY: AUDITOR-CONTROLLER TREASURER By: v-tlte=trersurer pink--auditor canards=depositor .golden roc=fele l COUNTY OF BUTTE NSACTION CODE: AUDITOR -CONTROLLER COPVA-APPROPEXP. ACCOUNTING TRANSACTION JOURNAL B-APPROP REV 06/16/2006 R-REVENUE X-EXPENDITURE FUND#or PROJECT ACCOUNT TITLE BUDGET ACCOUNT TASK TIC AMOUNT UNIT NUMBER NUMBER DEBIT CREDIT Development Services Planning Appl 440001 4210900 GL 731.45 Treasury Cash 440001 101001 GL 731.45 Trust Control - F1001 Recorders' Trust 1001 1011460 GL 731.45 Trust Obligations 1001 280 GL 731.45 JUN lls 206' 0 . 00 731 ° 45 + 518 ° 55 + 0 - Go 1 ' 250 ° 00 W DESCRIPTION: To torr ATR 89471, Dated 10/27/05. A B GL 1,462.90 1,462.90 page 1 of 1 05/31/2006 Prepared by: J.DODGE APPROVED BY: J - 2033 y•' 4topy COUNTY OF BUTTE TRANSACTION CODE: AUDITOR-CONTROLLER A-APPROP EXP. ACCOUNTING TRANSACTION JOURNAL B-APPROP REV 06/16/2006 R-REVENUE X-EXPENDITURE FUND#or PROJECT ACCOUNT TITLE BUDGET ACCOUNT TASK T/C AMOUNT UNIT NUMBER NUMBER DEBIT CREDIT Development Services Planning Appl 440001 4210900 GL 518.55 Treasury Cash 440001 101001 GL 518.55 Trust Control - F1001 Recorders' Trust 1001 1011460 GL 518.55 Trust Obligations 1001 280 GL 518.55 I DESCRIPTION: To corr ATR-95652, Dated 6/6/06. A B t GL 1,037.10 1,037.10 page 1 of 1 06/16/2006 Prepared by: 'J.DODGE APPROVED BY: J - 2137 A• Y . r i t •t c Y r . + 1 , UTTE ,* UNTY ' SEP 181006 _. .- DEVELOPkENT , SERVICES S e COUNTY OF BUTTE tRAPPROP CTION CODE: AUDITOR-CONTROLLER EXP. ACCOUNTING TRANSACTION JOURNAL B-APPROP REV 06/06/2006 COO R-REVENUE - XI EXPENDITURE FUND#or PROJECT ACCOUNT TITLE BUDGET ACCOUNT TASK T/C AMOUNT UNIT NUMBER NUMBER DEBIT CREDIT Development Services Planning Appl 440001 4210900 GL 731.45 Treasury Cash 440001 101001 GL 731.45 Trust Control - F1001 Recorders' Trust , 1001 1011460 GL 731.45 Trust Obligations 1001 280 GL 731.45 r DESCRIPTION: To Corr ATR 89471, Dated 10/27/05: A B GL 1,462.90 1,462.90 page 1 of 1 05/31/2006 Prepared by: J.DODGE APPROVED BY: IJ - 2033 r copy -Butte County Department of Development Services AUT rF TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive 0 0 Oroville, CA 95965 0 o . (530) 538-7601 Telephone (530) 538-7785 Facsimile cOUN'�y ADMINISTRATION * BUILDINGPLANNING May 25, 2006 TRANSFER OF FUNDS REQUEST ATR #: 89471 Deposit Date: 10/27/05 Request Transfer From: FUND CODE DEPT CODE ACCT CODE CASH CODE AMOUNT 0010 440001 4210900 101001 $731.45 Request Transfer To: FUND CODE DEPT CODE ACCT CODE CASH CODE AMOUNT 1001 280 1011460 $731.45 Additional Comments: These funds were the remaining deposit on a planning application and are being used to pay the balance of fees due for Fish and Game filing fees. Please send me confirmation of the journal transfer when completed. Thank you, Gwyn Benedict Requested by: Gwyn Benedict, Ext. #7604 gbenedict(a.buttecounty.net Request Date: 5/24/06 C. « . � f • �i a t � ` � �� t • � - '� i� * � .. ° � .. � J 1 � � y.� -gsT./Jy]�� Q 4� e�7F.�'�'/ � w ' � �� � � . �� C""A @py . COUNTY OF BUTTE TRANSACTION CODE: k AUDITOR-CONTROLLER A-APPROP EXP. ACCOUNTING TRANSACTION JOURNAL B-APPROP REV 06116/2006 R-REVENUE X-EXPENDITURE FUND#or PROJECT ACCOUNT TITLE BUDGET ACCOUNT TASK T/C AMOUNT UNIT NUMBER NUMBER DEBIT CREDIT Development Services Planning Appl 440001 4210900 GL 518.55 Treasury Cash 440001 101001 GL 518.55 Trust Control -F1001 Recorders' Trust 1001 1011460 GL 518.55 Trust Obligations 1001 280 GL . 518.55 DESCRIPTION: To corr ATR 95652, Dated 6/6/06. A B GL 1 1,037.10 1,037.10 page 1 of 1 06/16/2006 Prepared by: J.DODGE APPROVED BY: IJ —2137 Butte County Department of Development Services eOTrF TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR 0 0 0 0 ' 0 7 County Center Drive _ 0 Oroville, CA 95965. (530) 538-7601 Telephone (530) 538-7785 Facsimile c�UIN ADMINISTRATION * BUILDING* PLANNING June 12, 2006 TRANS FER O FUNDS REQUEST F ND RE E T y ATR #: 95652 Deposit Date: 6/6/2006 { Request Transfer From: FUND CODE DEPT CODE ACCT CODE CASH CODE AMOUNT 0010 440001 4210900 101001 $518.55 Re uest Transfer To: FUND CODE DEPT CODE ACCT,CODE CASH CODE AMOUNT 1001 280 1011460 $518.55 Additional Comments: These funds were incorrectly deposited into the Planning Application funds, and this journal transfer is to correctly deposit them into the Fish and Game fee account.. Please send me confirmation of the journal transfer when completed. Thank you, Gwyn Benedict Requested by: Gwyn Benedict, Ext. #7604 gbened ict(a)buttecounty.net 4 Request Date: 6/12/06 d Tuesday,June 06,2006 Development Services t ,t PLANNING DIVISION Ver. 1.0 Counter DDS Planning $518.55 �wPerson yn (General Fund) Payment Date 106/05/2006 Public Works ! $0.00 (Land Development) j Receipt Number 455638 Environmental Health T $0.00 Received From (Wander Beek Orchards CDF(Fire Department) $0.00 pp NOD/NOE j $0.00 Applicant same (Recording Fee) ' Aunt Minnie $0.00 Application Number REZ 04-02 $1, 500 or$2,000 or In Reference To Planning Review/EIR` $0.00 Parcel Number 042-260-162 ---------- Fish/Game $0.00 Check Number/Cash 18265 ALUC j $0.00 IL (Airport Land Use) i Total,Received . 1518:5 5 , Non Sufficient $0.00 Funds ($25.00 Fee) Total-Fees $518,55 Cell Tower $0.00 j 1($2500.00) Public Sales/Copies $0.00 Ag Fee: $0.00 '1/ANDER REEK ORC&DS BANK OFOCKTON 8265 18412 E. LOUISE AVE. MANTECA,CA 95336 ESCALON, CA 95320-9750 cropsins@earthlink.net 6/1/2006 90-103/1211 PAY " TO THE o ORDER OF BUTTE COUNTY.TREASURER y V*.518.55 0 Five Hundred Eighteen and DOLLARS m BUTTE COUNTY TREASURER ADMIDISTRATION-AR MONTY VANDER GEEK 7 COUNTY CENTER DRIVE pN . 8 OROVILLE CA 95965Ole MEMO r ' REZONE PARCEL-REZ-04-02' AUTHORIZED SIGNATURE 112006 26 SII' is 12110 10 3 71: 2S", 29949-11211-0 -_---__--'- ,- - - _ s COUNTY OF BUTTE 45563E OFFICIAL RECEIPT art Yl S O FICE OR DEPARTMEN ISSU20 ING RECEIPT Received from The Sum of J For Received: Received By CASH ❑ Title CHECK tj/'4"��'`✓� By OAVCO BUSINESS FORMS•(530)743-8511 Form 88887 v r t - COUNTY OF BUTTE 4556-38 cOFFICIAL RECEIPT 1' ann O FICE OR DEPARTMEN ISSUING RECEIPT / J120 y Received from \/ar rV4 The Sum of SakS I For l � ' I Received: Received By CASH [] C s-s I Title CHECK bSLd' F DAVCO BUSINESS FORMS•(530)743-8511 Form 88887 j r ' _ V , COUNTY OF BUTTE I. AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT ' OROVILLE, CA ATR No 95652 IRECEIVED FROM PLANNING BAG: 3213 HATE 61612006 I FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 816 RECEIVED ON. 615 " RECEIPTS: 45M12-45W38 PLANNING ADPL FEES GENL L-010 440009 4210900 101601 5,457-12 ✓ Project Number' Amount of Fee QP4-25;LM3n" alr_rLFP,TPu nn-1$ $ 3,198.00 041-110.028, 112;DAVID SAAR;LLA 06-35 $ 555.00 042-090-005; ROt,IALD PEED;TPM WI-25 $ 177.57 .00 0-520-035;MARTIPI BLOOM; PRED Of,-i6 1,00800 f 012-260152;VANDER SEEK ORCHARDS; REZ 04-02 $ 518.55 I ,LAND DEVELOPMENT GENL 0x110 440DI 4611700 101001 1,107.00 Project Number Amount.of Fee 004-230-039;LARRY SIEGI FR;TPM 05=18 491.00 0 3 110 028; 112; DAVID SAAR;LLA 06-36 $ 359.00 069-520-035;MARTIN BLOOM;PRED Gdt 16 $ 337.00 ENVIRONMENTAL: HLTH GENL 0010 540W3 46'14901 101001 873.50 Project Dumber Amount of Fee 054-250-039; LARRY 61EGLER;TPM 06-18` $ 451.50 041-110-028,112;DAVID SHAD; LLA W-35 $ 286.00 061:-520-035; KIARTIN SLOOPrI;PRED 06-16 $ 136.00 FIRE PLNG APPL FEE FIDE PROTECT 0100 4617240 101001 412.070 PrTAect Number Amount of Fee _ 1364-250-039:LARRY BIEGLER:TPM 06.18 $ 263.00 i 041-11Q-"028. I i Z D..ANID S"•.AD; LLA 05-3:3 54.00 l 089.520-035;h:1ARTIN BLOOK PRED 06-96 $ 05.00 i NOD/NOE CLEPK'S FILING FE GENL 0010 470J 4612399 101001 36-00 ($36) Projeci Number Amount of Fee G84-250439;LARP"il SIEGLER;7t 149 Q6-18 $ 36.00 AGRICULTURE AG FEE W10 480aril 4£12200 101001 9750 Project Number- Amount of Fee 064-250-1]37;LARRY SIEGLER;TPM 06.18 $ 32.50 041 110 028, 112; DAVID SAAR; LLA O8 35 $ 32.50 069-520-035;h41CHAELEVAPIS;PRED 00-16 g 32.50 TOTAL.. $ 8,063.12 APPROVED SY: RECEIVED BY: I AUDITOR- ONTROLLER TREASURER I white--treasurer pinlr`auditor canny--depositor golden rod---'File i r i WPY r i Butte County Department of Development Services �QTrFo TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR O 0 0 .7 County Center Drive o 0 Oroville, CA 95965 0 -`ate``''o (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION ` BUILDINGPLANNING May 25, 2006 TRANSFER OF FUNDS REQUEST ATR #: 89471 Deposit Date: 10/27/05 'Request Transfer From: FUND CODE DEPT CODE ACCT CODE CASH CODE AMOUNT 0010 440001 4210900 101001 $731.45 Request Transfer To: FUND CODE DEPT CODE ACCT CODE CASH CODE AMOUNT 1001 280 1011460 $731'.45 r Additional Comments: These funds were the remaining deposit on a planning application and are being used to pay the balance of fees due for Fish and Game filing fees. Please send me confirmation of the journal transfer when completed. Thank you, Gwyn Benedict Requested by: Gwyn Benedict, Ext. #7604 gbenedict(a-buttecou nty.net Request Date: 5/24/06 • Butte County Department of Development Services Administration-AR o o 7 County Center Drive o 0 Oroville,CA 95965 0 _ o (530)538.7601 Telephone o" '=-0' 0 c�U N'�-1 f Rezone File: REZ 04-02 APN: 042-260-152 Applicant: Monty Vanderbeek Date: May 25,2006 18412 East Louise Avenue Escalon,CA 95320 4 I N V 0 1 C E REZ 04.02 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing program. There may be additional charges in the processing of your application that have not yet been entered into the billing program,and are not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed,you will receive a FINAL INVOICE. The following payments have been applied to your application: Deposit Disbursement: Deposit Date: January 30;2004 Environmental Health $ 287.00 Receipt: 394748 Land Development 150.00 Total Payment $2,516.00 CDF/Fire Department 43.00 NOD/NOE filing fee 36.00 DEVELOPMENT SERVICES-PLANNING DEPOSIT 2,000.00 TOTAL PAYMENT RECEIVED $ 2,516.00 Deposit Date: October 27,2005 Receipt: 440347 Total Payment $1,790.00 DEVEL.SVCS.-PLANNING DEPOSIT $ 1,790.00 Charges for the following tasks have been applied to the processing of your application: Professional Planner $ 2,440.30 Mapping $ 88.50 Clerical $ 330.18 Publication $ 199.57 TOTAL CHARGES: $ 3,058.55 ti TOTAL PLANNING DEPOSIT $ 3,790.00 LESS: TOTAL CHARGES 3,058.55 REMAINING PLANNING DEPOSIT $ 731.45 Finished Project - Fish &Game Filing Fee Due: $ 1,250.00 Planning Deposit applied to Fish and Game fees: 731.45 Balance of Fish and Game fees Due: $ 518:55 Butte County Code 3-44 Hourly fees;deposits;billing procedures. County code requires when the initial deposited funds are depleted to an amount equal to 25%of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a balance equal to the amount of the initial deposit,or a lesser amount as determined by the Director of Development Services. In the event the applicant does not provide sufficient funds to continue processing an application,the application will be denied. Make checks payable to: Butte County Treasurer and send it to us at the above address. Should you have any questions,please call Accounts Receivable from 8:00 a.m.to 4 p.m.,Monday through Friday. AMOUNT DUE AND PAYABLE $518.55 .by June 8;.2006 biller:glb K:\FISCAL ADMIN\BILLINGS b REFUNDS\2006 invoices\Vanderbeek REZ 04-02 final billing 5-22-06 • •F 4 a � • M • Project Log/Activity She%. ProjectZ- APN # 600-�- lol� Al ------------ � s a 04/27/2006 Butte County Department of Development Services 9:31 AM Pre-Bill Worksheet Page ' 5 REZ 04-02:Monty A. Vanderbeek (continued) Amount Total TOTAL Billable Fees 50.39 $2,858.98 Do Not Bill 1.02 $54.05 Date Employee Price Quantity Amount Total ID Expense Markup % Activity: Publishing Expense 12/29/2005 PUBLISH .91.77 1.000 91.77 Billable 10527 Publishing Expense Publish in Newspaper- Chico Enterprise F06-137 12/29/05 .05/05/2005 PUBLISH 107.80 1.000 107.80 Billable 8464 .Publishing Expense Publish in Newspaper-Chico ER 5/5/05 F05-231 Total: Publishing Expense $199.57 TOTAL Billable Costs, $199.57 Amount Total Total of Fees (Time Charges) $2,858.98 f Total of Costs (Expense Charges) $199.57. Total new charges- $3,058.55 Accounts Receivables DatejID Type Description 01/30/2004 CRED Credit ($2,000.00) 564 Receipt#394748. Check#7736 01/30/2004 INV Invoice $36.00 565 l 01/30/2QO4 CRED Credit - NOD/NOE Recording Fee \ ($36.00) 566 Receipt #394748. Check#7736 10/27/2005 PAY Payment - Receipt#440347 ($1,790.00) 2230 Total Accounts Receivable ($3,790.00). a i • 04/27/2006 Butte County Department of Development Services 9:31 AM Pre-Bill Worksheet Page 1 Nickname REZ 04-02 Vanderbeek Full Name Monty A. Vanderbeek Address 18412 East Louise Avenue Escalon CA 95320 Business (209)838-8164 Fax Home Other In Ref To �d ' / - Notes Date B_fnployee , Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt Activit\/: none 01/30/2006 Carl 59.00 0.17 9.92 Billable 10843 Report &/or Project Analysis Reports and/or project analysis related to the application. 10/04/2005 Carl 59.00 2.75 162.38 Billable 9964 Report &/or Project Analysis Reports and/or project analysis related to the application. 10/06/2005 Carl 59.00 0.60 35.12 Billable 9977 Report &/or Project Analysis . Reports and/or project analysis related to the application. 10/06/2005 Gwyn 35.00 0.50 17.50 Billable 9980 Administrative-Clerical Time spent on billing and other administrative tasks not related to processing . 11/14/2005 Carl 59.00 2.42 142.62 Billable 10226 Report &/or Project Analysis Reports and/or project analysis related to the application. 12/09/2005 Carl 59.00 0.75 44.25 Billable 10419 Report &/or Project Analysis Reports and/or project analysis related to the application. ,12/12/2005 Carl 59.00 1.32 77.63 Billable 10443 Report &/or Project Analysis Reports and/or project analysis related to the application. 12/13/2005 Carl 59.00 2.09 123.36 Billable 10447 Report &/or Project Analysis Reports and/or project analysis.related to the application. 12/21/2005 Lynn 45.00 0.75 33.75 Billable 10522 Publication - Clerical Time spent preparing & publishing for Hearing related to applicant. 01/24/2006 Lynn 45.00 0.23 10.50 Billable -10807 Mtg Clerical Arrange/attend associated with project review ' 4 S� ' 04/27/2006 Butte County Department of Development Services 9:31 AM Pre-Bill Worksheet Page 2 REZ 04-02:Monty A. Vanderbeek (continued) Date - Employee Rate Hours Amount Total ID Task . Markup % DNB Time DNB Amt 08/09/2005 Carl 59.00 0.37 21.63, Billable 9528 Report Wor Project Analysis Reports and/or project analysis related to the application. 4 02/13/2006 Carl 59.00 0.25 14.75 Billable 10951 Report Wor Project Analysis Reports and/or project analysis related to the application. 02/16/2006 Carl 59.00 1.92 113.13 Billable 10980 Report Wor Project Analysis Reports and/or project analysis related to the application. 02/24/2006 Carl 59.00 3.83 225.94 Billable 11013 Report Wor Project Analysis Reports and/or project analysis related to the application. 02/2.7/2006 Carl 59.00 1.63 96.20 Billable 11023 Report Wor Project Analysis Reports and/or project analysis related to the application. 03/07/2006 Carl 59.00 0.60 35.15 Billable 11124 Report Wor Project Analysis Reports and/or project analysis related to the application. 03/13/2006 Carl 59.00 0.75 44.27 Billable 11144 Report,&/or Project Analysis Reports and/or project analysis related to the application. 02/28/2006 Lynn 45.00 3.83 172.50 Billable 11175 Packets -Clerical Prepare packets for meetings/mailings. 03/15/2006 Lynn, 45.00 0.17 7.50 Billable 11176 Clerical Activities Clerical application processing -proofing 04/27/2006 Gwyn 35.00 0.25 8.75 Do Not Bill n 11499 Administrative-Clerical 0.25 8.75 Time spent on billing and other administrative tasks not related to _ 4 processing . 02/05/2004 Roni 34.00 0.35 11.99 Billable 3113 Initial Processing-Clerical Input, initial clerical processing of application. t 08/24/2004 Cheryl 45.00 0.05 2.25 Billable 5442 Administrative-Clerical Time spent on billing and other administrative tasks not related to ' i r 04/27/2006 Butte County Department of Development Services 9:31 AM Pre-Bill Worksheet Page 3 REZ 04-02:Monty A. Vanderbeek (continued) Date Employee Rate' Hours Amount Total ID Task Markup % DNB Time DNB Amt processing . 02/06/2004 Lynn 45.00 1.03 46.56 Billable 3143 Initial Processing -Clerical Input, initial clerical processing of application. 02/06/2004 Larry 59.00 1.50 88.50 Billable 3149 Mapping Generate maps for current projects. 04/05/2004 Steve 59.00 2.75 162.25 Billable 3801 CEQA Worked on initial study 04/02/2004 Steve 59.00 1.08 63.92 Billable 3802 CEQA Worked on initial study 04/06/2004 Steve 59.00 1.25 73.75 Billable 3831 CEQA Worked on initial study 04/07/2004 Steve 59.00 0.83 49.17 Billable 3847 CEQA Worked on initial study 04/07/2004 Steve 59.00 0.67 39.33 Billable 3848 CEQA Worked on initial study 06/18/2004 Steve 59.00 2.42 142.58 Billable 4533 CEQA Worked on initial study 07/06/2004 Joe 59.00 0.04 2.08 Do Not Bill 4709 Management Review 0.04 2.08 -Management Review- Initial Study 06/22/2005 Carl 59.00 1.00 59.18 Billable 9089 Report Wor.Project Analysis Reports and/or project analysis related to the application. 09/21/2004 Joe 59.00 0.73 43.22 Do Not Bill 5793 Management Review 0.73 43.22 Management Review- Initial Study 10/11/2004 Steve 59.00 1.83 108.17 Billable 6094 CEQA Made changes to initial study + • • 04/27/2006 Butte County Department of Development Services 9:31 AM Pre-Bill Worksheet Page 4 REZ 04-02:Monty A. Vanderbeek (continued) ' Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt 10/13/2004 Steve 59.00 1.75 103.25 Billable 6095•CEQA. Made changes to initial study. E-mailed it to JB for his re-review. 12/06/2004 Cheryl 45.00 0.05 2.25 Billable 6830 Administrative-Clerical Time spent on billing and other administrative tasks not related to processing . 04/29/2005 Lynn 45.00 0.56 25.38 Billable 8468 Publication -Clerical Time spent preparing & publishing for Hearing related to applicant. 06/09/2005 Carl 59.00 1.00 59.25 Billable 8924 Report &/or Project Analysis Reports and/or project analysis related to the application. 06/21/2005 Carl 59.00 3.56 209.88 Billable 9059 Report &/or Project Analysis Reports and/or project analysis related to the application. Total: none 46.61 $2,635.76 Do Not Bill 1.02 $54.05 Activity: Hearing-Planner 02/14/2006 Carl 59.00 0.42 24.58 Billable 10959 Hearing - Planner Board of SupeNsiors hearing setting calandar for rezone hearing Total: Hearing-Planner 0.42 $24.58 Activity: Site Visit 04/06/2004 Steve 59.00 1.83 108.17 Billable 3830 Site Review Site visit, including travel time. 08/23/2005 Carl 59.00 1.53 90.47 Billable 9633 Site Review Field review of project site/vicinity including travel time. Total: Site Visit 3.36 $198.64 E 04/27/2006 Butte County Department of Development Services 9:31 AM Pre-Bill Worksheet Page 6 REZ 04-02:Monty A. Vanderbeek (continued) Amount Total Total New Balance ($731.45). Funds Account: Default Previous account balance $2,000.00 Employee Summary Employee Rate Hours Charges Slip Value Adjustment SB 59.03 14.41 $850.59 $850.59 0.00 CD 58.97 26.96 $1,589.71 $1,589.71 0.00 LP 59.00 1.50 $88.50 $88.50 0.00 LR 45.08 6.57 $296.19 $296.19 0.00 CAS 45.00 0.10 $4.50 $4.50 0.00 GLB 35.00 0.50 $17.50 $17.50 0.00 RT 34.26 0.35 $11.99 $11.99 0.00 Z�A R V� t /I M-011TY OF BUTTE FIELD NUMBER QROVILLE, CALIFORNIA .0 PURCHASE ORDER i F 05-231 s Chico Enterprise Record L1 Attn: Donna P P.O. Box 9 P Chico, CA 95927 Issued By DDS/Planning Division L Department I E R DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O.# 4/29/05 NOTICE OF PUBLIC HEARING 440-001-53 To be published in the Oroville Mercury on Thursday May 5, 2005 Please furnish this office two copies of the affidavit of Publication. (Vanderbeek REZ 04',02)' Butte County Planning Lynn - 538-7602 7 County Center Drive Oroville, CA 95965 TOTAL 10,-),go i, the undersigned,hereby certify that,to the best of my knowledge, the services or articles specified above have been performed or delivered or,where authorized,are hereby contracted for and that there is a Budget Appropriation for the same. F 05-231 Date: . epa men or ooze epu y SUPPLIER NO. DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV. DATE ENCUMBRANCE AMOUNT 1 , 2 3 4 5 6 Submit WHITE,CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD i (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In The Matter Of «:13uTrE couNTv PLANNING COMMISSION -,NOTICE`OF INTENT,' Notice of Intent. No. NE AT VE'DECLARA ION fi'In':accordance with ,the?Califomia'''Environ "mental,=`� �Quality',-"-"Act AFFIDAVIT OF PUBLICATION :(cEaa;)�'BediCounty, edr' +has�preparandnitial Studyandis considering ;tW. o" 166 of. a'miti State of California gated= egative Dedama tion for:the•following pro,; Count of Butte MITIGATED':NEGATIVE, County `DEC,LAHATIONIREZONE?; beek Reione:Ths pro; The undersigned resident of the county of sect,;eq a"request tq: Butte, State of California, says: !Rezonegar%a.t39t,acfe. parcel:froiri.,U;(Unclassi�� fied�fi20 acre iminimum. That I am, and at all time herein mentioned n parcel sine) (Timber ,:Mountain;;-5. was a citizen of the United States and not a party Acte;minimum';parcej to nor interested in the above entitled matter; slzep:+Witti.,th.is;nezone; aciduponapproyal;of a that I am the principal clerk of the printer and 'subsequent parcel.map,; publisher Of th6.prpjgptsite,,couId be divided,-f;;Into: .;.three parcels'or-single.family • residentiafuse;,THepro= The Chico Enterprise-Record ject site;iso l'ocated';`o'n The Oroville Mercury-Register Both• =us�des -.of ,t=orbestown�i� :'Road; approzimaiely 91'5'feet That said newspaper is one of general circle- nortKi'of'Bamfotd,way; g approximately1.8.miles tion as defined by Section 6000 Government 'east of;Fbibestowh;'east Butte:County,area.'APN Code of the State of California, Case No. 26796 oz3;3oo o2�c(sB)'(Fie_: by the Superior Court of the State of California, ;The 3Califorroa Envi in and for the County of Butte; that said newspa- ropmentaf,'Quaiity.,,Rct, per at all times herein mentioned was printed requires}:thts;:..notice•ao! p p disclose>;w`,tiether;R any; and published daily in the City of Chico and toxics;sites"are:;present County of Butte;that the notice of which the onjecv.,ojectaite'.;The: 'prof ec;"site��:does-;not• annexed is a true printed copy, was published in contain;a ►isted; toxic said newspaper on the following days: site: g ��The Initial>Study/Mill-`, tdated:Negative Declara ildn.and reference docui May 5 05. menta for:this projecta[e; y on,file-for.public review 'starting ;May..f 6,°2005;; throudh June:4;2005;at the",ButW,,Cduhty-Plan � ningf,Divisioh,':7 County, Center;.D rive;;4oroville C46 .iPAII-inteeste.dDated My 18, 2005. persons'":aremnvited;i0 at Chico, Califorevi66,,t'.6idbbrhents: Written�,;&Wnerts will, by the bew'"acceptetl" .Planning;Dlvis;on at•th6 a boye'address'Any writ (Signat re *ten.;,comm"ents'•'om;the. ,Initial'.';:Studyy`/Mitigated Negative ;;peclaration' must,be:[eceived,at the above address within th'e:public review period: ^If;you^.'challenie' :the I n itial,'y,�Study/M itigated,' Negative,Declaration•in co'urt;;you,rnay,be limit-. ed'to.raising only;those Tissues.you or,someone else; rased,in;wrifEen correspondence*:deliv-; ered'i;.totherPlanning ,Divisibn =:The;;Butte County+(Plannind,Coin missision4lll hold a public h'ea`ring on;thinprojec* the date;ltime°and loca tion of which ii-s not yet beerjIs? :;determined- Landowners:within 1300' t', f,the,?,project:`will ireceive w.r;tten'noticeas, tothes„date;;;time:and Iocatlon..of,the Planning: Gommission`hearing; ; t?-dr:furthef.informationJ regarding thlst project;` please,Colitactthe Pfan=- tnmg'sDivilsion°;at 3(530) 3539=7601 `Y` a; '$= `,Y.VONNE CHRIST E. i` i Jin±DIRECTOR.OFVY;;tlry ' DEVELOPMENT.SERVICES jA: COUNMOfBUTTE. FIELD NUMBER OROVILLE, CALIFORNIA • PURCHASE ORDER F 299992 S U -Attn: Donna, Business Office P' Chico Enterprise-Record Issued By P P. 0. Box 9 Department Development Services I Chico, CA 95927 ---- - 6 ' r• DATE QNTY' INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.0. 03/16)06 Ordinance No. 3930 Vanderbeek rezone /A,�, 03 qqo �/ ✓�� Please publish ordinance once in 8-pt type on Friday, March 24, 2006; 1 sending two copies of the affidavit of publication and two copies of your statement of chargesto the Board of Supervisors, 25 County Center Drive, Oroville, CA 95965. Dorothy Smith, 528-7633 TOTAL I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or where authorized,are hereby contracted for and t ther a dget Appropriation for the same. F 299992 Dated: epartment Head or Authorized Deputy SUPPLIER NO. DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV.DATE ENCUMBRANCE AMOUNT 2 3 4 5 6 Submit WHITE,CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD. ADVERTISING INVOICE STATEMENT CHICO ENTERPRISE RECORD 400 EAST PARK AVE. (P.O. BOX 9) CHICO, CA 95927 530-891-1234 B.C. BOARD OF SUPERVISORS 25 COUNTY-CENTER DR OROVILLE, CA 95965 ACCOUNT: 016230 ORD.NO. 3930/F299992 PUB. DATE: MARCH 24 2006 13" @ $9.31/" $121.03 INTERNET CHARGE $1.00 TOTAL $122.03 (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In The Matter Of ORDINANCE NO.3930. No. F299992• ,'ORDINANCE NO.3930.-- I AN ORDINANCE REZONING A PORTION OF THE.000NTY OF BUTTE;STATE OF AFFIDAVIT OF PUBLICATION CALIFORNIA,A'.TM-5',(TIMBER MOUNTAIN,';: 5-ACRE'PARCELS)DISTRICT,PURSUANTTO+ .$ECTION 2425:40:" ''I ' "'•' s F The Board of Supervisors-of the Cc State of California of Butte,State of California,under andpursuant to:,, Section;�2'4=25:40 .of;the Butte County.Code,,-, ss. ORDAINS,as follows`...;'"' County of Butte "SECTION I:.�T.he,hereinafter d'e`scrie area situate in the.County of•Butte,:State of Cali-for-a", nia,•shall be and it-is hereby zoned as a.°TM-5 The undersigned resident of the county of .(Timber..Mountain, 54cre.parcels);District; and` such;area shalGbe;`subject to the:restrictions and' Butte, State of California,says: restricted:uses and regulations pursuanf to Buttei -COU ntyCode'Section 24-230 { Vl` `'`Said area so'zoned being located in the':' That I am, and at all time herein mentioned n unincorporated,area of Butte County,.F666stown; was a citizen of the United States and nota art more oarticularlydescrib6d asfollows:i?< .• f, party Portion of the.Wl_-of.�the,NEaof Section, to nor interested in the above entitled matter; follows:` r c �*:'`''x'12;T19N-R6E;MD8&M;described as _ that I am the principal clerk of the printer and BEGovNI NG at theNW;corner of said ' �:x%NE'of Section'.12 thence from said; +t publisher of a point of Beginning,S along the W line of.I .said NE' of Section 12;1320 feet to the , The Chico Enterprise-Record r .r,. :.actual point of beginning,continuing,. r along said W line,•S 660 feet;thence E The Oroville Mercury-Register w 1320 feet;:thence N:660 feet;tfience W 1320.feett6llie actual point:of' t' beginnings' ,,: ;-, ' , That said newspaper is one of general circula- 18.9.acres,more or Iess,`Forbestown tion as defined b Section 6000 Government SECTION de lar d,6-b rdinfull sc6.anhall- e Y and it is hereby declared,to-befull force and Code of the State of California, Case No. 26796 effect'from and after thirty(30)days after the date of'its passage,and before the expiration of fifteen by the Superior Court of the State of California, (15)days after its passage,this Ordinance shall be in and for the County of Butte;that said newspa- Pubblished once With the names of the members of the Board of.Supervisors.voting for and against it in .. per at all times herein mentioned was printed to newspaper published in` the•C ounty of Bue;, ` .1State of California'.- and published daily in the City of Chico and 'Y-,IPASSED AND ADOPTED by the,Board. County of Butte;that the notice of which the of Supervisors'of the County of Butte;State of.Cali: fornia,on the 14th day of March 14,2006,by the, annexed is a true printed copy, was published in following vote`. t said newspaper on the following days: AYES •Supervisors Connelly,; Dolan;• ! •Houz,Yamaguchi and Chair Josiassen:,;•• NOES:None' •,; -ABSENT:None•.. ` -'NOT VOTING:'None MARCH 24 2oo6 CURT JOSIASSEN,CHAIRMAN Butte°County.Board of Supervisors ATTEST:'PAUL McINTOSH,Chief Administrative Officer.and_Clerk of the Board, Byi,Wrioii?Reeves;,Deputy F299992. z� Dated March 24, 2006. Publish:3/24/2006 "T' at Chico, California. CV� N (Signatur C(DUNTY OF BUTTE FIELD NUMBER '.,j O. VILLE, CALIFORNIA ` PURCHASE ORDER ���'yy F 06-137 / -lo-6 s Chico Enterprise Record u Attn: Donna P P.O. Box 9 P Chico, CA 95927 Issued By Department DDS/Planning Division E t R DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O.# 12/21/05 PUBLIC HEARING NOTICE .'7 40-001-53 To be published in theQr 1 on Thursday, December 29, 2005 Please furnish this office two copies of the affidavit of Publication. (Monty A. Vanderbeek RZ 04-02)::✓ Butte County Planning Lynn - 538-7602 7 County Center Drive Oroville, CA 95965 TOTAL �f , I,the undersigned, hereby certify that,to the best of my knowledge,the services or articles specified above have been performed or delivered or,where/noized,are hereby contracted for and that there is g Ap ation for the same. F 06-137 . " Date: q :O epn e or u onzed Deputy SUPPLIER NO. DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV. DATE ENCUMBRANCE AMOUNT 1 " 2 3 4 5 6 Submit WHITE,CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD . (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In The Matter Of NOTICE OF PUBLIC HEARING. NO. AFFIDAVIT OF PUBLICATION ul,.61111TE COUNTY PLANNING COMMISSIONis x air ?;' r;NOTICE OF A PUBLIC HEARING E ;Notice:,is hereby given by the.Butte County Planning Commission that.a State of California public hearing ispubtished or,Thursday'January.l2,2006 m the Butte Count SS. }Board oI Supervisors':Room';County Administration Center;25 County; tyty 9 ; S� 9it.tt, Center'Drtve Oroville}Caldorma,regarding t*followin item ^xr``r ti 1 t r County of Butte ? ta��ti ' ITEM DETERfNINEDTO BE CATEGORICALLY EXEMPT s ENVIRONMEN7AL,AEVIEW a u - =u t ��- .ras Pro ect Mmor,Use Permit MUP ,A Name:Serena.Diane Webb '1f APN 031-281 120-Zoning A R t The undersigned resident of the county of Planner Carl.Durling ii Butte, State of California,says: Location south'side"of The rmalito-Avenue'approximately 250 feet east of Y ` 1(th Street at,955 Thermalito Avenue Thermahto area,Oioville ; Proposal pro"ide a large family day care facility for up to 12 children'' �'r ` a The above mentioned application,_is on file end available'for public viewing - That I am, and at all time herein mentioned n attheoffice of ilii Butte County-Development Services;Department,Plahning Division 7.County Center•Drive,Orowlle California For information call:Carl was a citizen of the United.States and not a.party .- Di Ming,.:(530)E533.7150;',(Monday,throughlFnday 8;00 a m to 4 OO p.m.) to nor interested in the above entitled matter; Comments may be submitted in waiting at any Umepnor to the hearing or oral Iy ataFie meeting listed above oras may,be continued to'a later date:Upon that I am the principal clerk of the printer and acUon'laken'by the Planning Commissionson the project an appeal may be publisher of ; filed with the Clerk of the Board of Supervisors The appeal period is 10`days.: ;if you challenge the above application in court;you may.be'limited to'raising only those issues you or someone else°raised at the public hearing described The Chico Enterprise-Record in,this notice or,in written delry correspondence ered to the Planning Commis' sion at or prior.to,ahe public hearing" �'' k s The Oroville Mercury-Register " i , ;'BUTTE COUNTY,PLANNINGCOMMISSION'.,, TIM.SNELLINGS,DIRECTOR,OFDEVELOPMENT.SERVICES F06-136 `t"1 ti.;??" �:. ; •. n That said newspaper is one of general circula- Publish;oecemb 29,:2005 tion as defined by Section 6000 Government Code of the State of California, Case No. 26796 by the Superior Court of the State of California, in and for the County of Butte;that said newspa- per at all times herein mentioned was printed and published daily in the City of Chico and County of Butte;that the notice of which the annexed is a true printed copy, was published in said newspaper on the following days: DEC. 29, 05 Dated January 17,2006. at Chico, California. (Signature) Jv COUNTY OF BUTTE 'AUDITOR'S CERTIFICATE ARID TREASURER'S RECEIPT ' OROVILLE, CA 71154 RECEIVED FROM PLANNING BAG 0 329 DATE X131200 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT_ DEPOSIT DATE: 2-3 RECEIPTS: 3947484754 PLANNING APPL FEES GENL W10 44WO1 4210900 101001 6,110.00 LANP DEVELOPMENT GENL 0010 44004 461'1700 101001 1,250.00 ENVIRONMENTAL HLTFI GENL 0010 UOM 4614901 101001 842.00 FIRE PLNG,APPL FEE FIRE PROTECT 0100 4617240 101001 387.00 NODINOE CLERK'S FILING FE GENL 1 0310 470001 4612319 101001 180.00 D.O.T.-ALUC PLANNING GENL 0010 440WI 4617241 101001 300.00 Z ©y-0 , 0� 3 -.300-0,;t � Vo, �r be_eK or c hays cpfi -3 TY y f TOTAL $ 01069.00 APPROVED BY: RECEIVED BY: ,AUDITOR-CONTROLLER' TREASURER white=treasurer pink--auditor canary depositor golden rod=file COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA 7115 RECEIVED-FROM PLANNING BACs 0 323 DATE 21312004 FUND FUNb DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT 'DEPOSIT DATE: 2.31 RECEIPTS: 394748-394T54 FUNNING APDL FttS GENL 0010 440011 4210901 101001 5,110.00 OWD DEVELOPMENT GENL 0010 440004 4611700 101001 1,250.0 ENVIRONMENTAL HLTH GENL 0010 540M 4614901 101001 842.00 _FIRE: PLNG APPL FEE FIRE PROTECT 0100 4617240 101001 387.00 NODINOE CLERKS FILING FE GENU 0010 470W1 4612319 101001 180.00 D.O.T.-ALUC PLANNING GENL 0010 440001 4617241 101001 300.00 O'? 3 300 oa .26� 0-0 - Uc�►�al e r 6eeK d�.G�ar�S ;-- _ zp) y 8' CA 3 C TOTAL 89069.00 APPROVED BY: RECEIVED BY: AUDITOR-CONTROLLER' TREASURER BY: _ By: white=treasurer pink--auditor canaay=depositor golden and=file -. - _ '- -,.• .' w ..r._.. -:�=.r:.. _x,- ..a.._._F.:r,tV<_.... i rt. ..r, .:F; av:Z •,e.v?�.�� '"`.�nvcu.:' 4. :eV e:'`,:�f f.: I ..:W.:iF _enc"" _<4.. - , ... .:. .:_,><_x s,.�. .,� �w ._ - - .._:,. .. ...r< ...<_t .�.«r„'�."�+s-::.�»`• i�=m=�`:' d_.. f,r€,:, ;� ._,:�:;ry:.�'.«�.. -- .•. _, .�.,. .F..'a.,_-:4 .. ..1€s«._ :��_-a-- .. _. _. __.,,. ._.._ ,m;: "�.��' .. ,x-�. < .. � fr., c .i�:*<W:,m:=.�;;';c-:�,r'.�e::.=u - �:. - .. � v::,_ _�«;_,. _z:,.�_ u: ,i"-"---:.a":-=�=�'":._'.«,s:F _tea,: ;•<:1"` :=�"_�4: `�''.4:: �w��W-� �- .. � -: � ec__rS; z�.. :;c. 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".. -�,-rs,.,�-�: .-„«z<.;:7. _:,:-�4;= �', x& &2- .,,v 4 .� � :A..._,:�":':� .•�c.::,««-{t,. _e=h<€:-'_?; �:�� _ x.s. , rw< _.. ,.._ ,,.... r.r:,ur.v f_r:-.. �..v�. ._,<:�.,u-._,_:r.,_.,. ._w_ ::xr<,,,.,,. _,-.<,.._.: ._F_ .....-w,. «r.r,.w='«,.�€°" s>,!-',".`�':E:._,_.r;«"Fr _=r..:,�.•,:r W�',�'_�:f, . ___'4.x.:.`�z,c„ .,x 4. ..w ,....F: v- ._ _., e_ ,*::F.. _,�i ,:.. .Fs>:, m _e.�..:,S i£t:«:,.•�! E _ Y .!:'<`" .. . -- - -;a '",__�'>_..«,�,, .r.5:,.-<Qi.:<4,.,r.,� .s-.,t""tx5 .._.:,:k-4-..`mac.�L. ...ut ra7,.7,«.,�ih�rr5, 6 w.a,,:4_ _ ,°Rf:,i«t�E'"s ".�;=.z• v�:�3_ ym." _'E:Lw's .w?,._ s] __-.— -•_-_-••__-............. Counter VN PI'annmg .'$2,000:00 ;Steve Person: ra:.._F DD - (Gene and _ » ......................................._....... ............. . ....... --- .---......._ .._.. - Payment`Date 1/30/2004 Public'Works, $15000 , M. -. E _ ? r, Receipt Number 11394148 - - $287.00 ,. ! Received From �Vanderbeek ....................Orchards CDF (Fire Department): $43.00 Apiq pircant Monty A.................................... Vanderbeek " "-" NOD/NOE ; $36.00 (R in e), ecordi Fe __`_._._.._._.._........._.__.._..- -..._._._...--. il- ..... Aunt'Minrne' $0.00 _ Applic3at�on Number RE 04-02 $1 500 or$2,000 Q r In Reference To , ..-. .................... _.___..-__..._._..-._ __-_. 00 .._ ._ _.............. ................................_........ P n9i R lanni eview/EIR $0 Parcel Number:; 7-7-71073-300-027 „ ............................._...................... ..........eNumbed Cash, :7736 /Ga Fish me $0.00 _..........---._................_..........................._......................._...... : $0.00 Total Received s. i ........__ ....... Non Sufficient : i $0.00- Total F 3 Funds ($25$2; 00'Fee) I r 51600 --------------" -- Cell Tower ........ ....... $0.00 Public'Sales/Copies ; , i $0.00 Othera` ;,, _ ;! ; ;3 3 '= 0.00 $ Monday, February 02,2004 Development Services PLANNING'DIVISION Ver. 1.0 Counter ------ DDS Planning $2,000.00 Person Steve - ---- _ (General Fund) Payment Date 1/30/2004 Public Works $150.00 ' 3 1 Receipt Number 394748 Environmental Health $287.00 Received From Vanderbeek Orchards CDF(Fire Department) $43.00 Applicant Monty A.Vanderbeek NOD/NOE $36.00 (Recording Fee) Aunt Minnie $0.00 Application Number REZ 04-02 1 $1, 500 or$2,000 or In Reference To - ---- - - — - - Planning Review/El R $0.00 Parcel Number 073-300-027 Fish/Game - $0.00 Check Number/Cash 7736 -- -- - - - ALUC $0.00 Total Received ,516.00 --- Non Sufficient $0.00 Total Fees $2,516.00 j Funds ($25.00 Fee) -- - "` Cell Tower - $0.00 Public Sales/Copies $0.00 Other: _ $0.00 J t COUNTY OF BUTTE 394748 OFFICIAL RECEIPT ✓1F"\ 141Iq I OFFICE OR DEPART ENT ISSUING RECEIPT ?jQLO!"iLt Received from ��`�� The Sum of �t x� ►�>•svr,. 4 j�,� c : For�_.p?- Q L.1- (D-Z Received: ld� .�r13-Ecco-c�2rl. 5 Received By- r CASH - " >- Title CHECK r} r'j By DAVCO BUSINESS FORMS•(530)743.8511 Form 75702 ' VANDER BEEK ORCHARDS. 10 89 BANK OF STOCKTON 7 7 3 6 , 18412 E LOUISE AVE MANTECA,'CA',95.336 ESCALON,CA 95320-9750 -.90-103/1211." (209)838-8164 ', o 1/28/2004 M 'a � BUTTE COUNTY TREASURER I $:-**2,516.00 F Two Thousand Five Hundred Sixteen and BUTTE COUNTY TREASURER MONTY VANDER.BEEK ° nrem,,f REZONE PARCEL , [in 00 7 7 36v >1: L-2 L LO LO 3 71: 2 5sal 2.994,9 Be, 21 0' Schematic Diagram of the OWID Water Sys' tem Powerhouse I I Stream,open flume,or canal o� �I - - — — — — — — — — — Penstock,tunnel,closed flume,or pipe Sucker Run f— ' Q of Diversions to YCWD y- >I O d is d - - - L I :2 s d Feather River Lake Oroville Ponderosa Forbestown 3 Little Grass Valley U IF Reservoir rl Reservoir South Fork Feather River Reservoir (Not OWID Facility) Palermo Canal 3,538,000 acre-ft 4,750 acre-ft 352 acre-ft I 94,700 acre-it l Y a Lost Creek Sly Creek Lost Creek o 0 LL I Reservoir Reservoir ,a Miners Ranch — — 5,920 acre-it 65,600 acre-ft Sly Creek —I . Y Canal -- I 3 � o Forbestown Ditch Oroleve Creek Y IF Domestic Distribution System Miners Ranch Lake Wyandotte Reservoir , Bangor Canal 815 acre-ft 350 acre-ft I r . o o o Slate Creek o• -2 (Tributary to North Yuba River) I Diversion to Lost o oo Horizon Dr.area I ' , Diversion to Bangor area _ •Figure 2 `. V M Pot I Article:"Understanding Spot Zoning,"by Robert C.Widner http://www.webcom.com/—pcj/arficles/wid06O.huffl PlannersWeb PLANNING COMMISSIONERS JOURN�,�. - Understancltng Spot A'b Willner Es . . . ; q ; Most planning commissioners have heard the impassioned cry that a particular rezoning decision will constitute an invalid "spot zoning." This allegation typically ere e community is consideringthe at.tarney::wa':h.ahe ';: law firm of Gorsuch: .:: rezoning of a single lot or small parcel of property held b a single owner and rezoning wpermitlandCo:loradci where he Y � d thigill iP uses not available to the adjacent property. government anel land use .pl:anning .aaw._. He. reviou Because spot zoning often focuses on the single parcel without assistant City consideringthe broader context, that is,the area and land uses at°tQrney. for:;tne....,: Giay pf :Arvada surrounding the parcel, it is commonly considered the antithesis of planned zoning. While rezoning decisions that only affect a legal caunse ,to the:: single parcel or small amount of land are most often the subjectonn ;$ of spot zoning claims as opposed osed to rezonin s of larger areas), '?;Wdri'er;`1:o1'dsa?;'i.: < ::.`: a locality can lawfully rezone a single parcel if its action is mastter: s>.:.degree,; ;ri;; shown to be consistent with the community's land use policies. As I will discuss shortly,courts look to the community's ` planning and ;is an acul:ty:::r:; comprehensive plan, or to other planning studies, in determining whether the rezoning is, in fact, consistent with university df local land use policies. Co:l.ox add,.Graduate.:.... >Arc} tecturi::;::and::::.':: :'::;: Of course whether a particular rezoning constitutes an unlawful Pa_ri;ri ;rig :u: bAver' : spot zoning depends lar el upon the facts surroundingthe g..::.:..o...::...:d.,er.,...... zoning decision and upon the judicial decisions of each state. `;f::;yo : rE_ coritront'ea:.:: with a claim that a However:courts commonly note that the underlying question is particular rezUn]ng: f 3 10/15/98 9:32 PM I - s !,. tf .!I! r,t�i� �4J3j ;:.if. ,`-f���: '11.r"+ .i. .,.;ti•�t .G �!', J'_'-.. .,. ,. .. s c + _ � .'{ � st, rl rf. �i,.•riy f r. .._tf , .,�1 �,�aayiy .. � . r a .t• .a t' r ,.' Ot . .. •' Jit! '{G i �t.r� '%1�. ,r - ." f _ , it ' s �'`! � _ � ' '4 r-i`.. �y a mac} �� �•�. ? � ,� !• •• � s ,s } •. tit ., ..ti �; s4,[r+ ..•�<:A•` �� +M`.' � '' .s ! rot � rt�•': -1 I � r w k S f t 11 L'+'er ' r i'�< ' �•' r r '� '^ t';•�"q,,.rl' x. 'r, i."f s^ 1•',y,,c � ��'�'• •s, y 'r� 5 '�1.{�� ,4' .. a. � ' •t. iS" �~ w ... .�` .. 1i_'� �'a. S..d'*Y L %aN'L. ««+.¢ _ :. ., , a.Y'2 .•� , 1 ` v. � 7 i. rrF .2' -_ ._..LN'`s'e°-�_ �.e ... •s. 'k..rt......�,_T,! ' c � �.� .. .... .• � .•i I-' � tf� .r . ICF:'s:t •'t .t. { !' r:srt .i:+•yr+ J Article:"Understanding Spot Zoning,"by Robert C.Widner http://www.webeom.conl/—pcj/articles/Wid06O.html whether the zoning decision advances the health, safety, and may:constaute:apot;:;. , welfare of the community. A zoning decision that merely, zoning, seek tithe provides for individual benefit without a relationship to public benefit cannot be legally supported. Where a particular zoning attorney.' �t; might: decision is not supported by a public purpose,the zoning later...on::.,..........:.:............:;:..:` decision is arbitrary and may be subject to invalidation as unlawful spot zoning. Although courts throughout the nation differ in their specific approaches when reviewing spot zoning claims,the majority .. ................... ........ ......... . ...... consider: 1. the size of the parcel subject to rezoning; 2. the zoning both prior to and after the local government's decision; 3. the existing zoning and use of the adjacent properties; 4. the benefits and detriments to the landowner, neighboring property owners, and the community resulting from the rezoning; and 5. the relationship between the zoning change and the local government's stated land use policies and objectives. This last factor--the relationship of the "Because spot rezoning decision to the community's land use zoning often policies and objectives focuses on the --is perhaps the most important one. As alanninConsistency single parcel result of when a planning without commission(or rezoning with considering the governing body) the initially considers a broader context ... rezoning request it comprehensive it is commonly should determine plan whether the request is considered the consistent with the antithesis of comprehensive or master plan. Many planned zoning." communities'zoning codes also require a separate planning study that examines the merits of the proposed rezoning. This further ensures that any rezoning is consistent with the community's land use objectives, and not a case of spot zoning. The bottom line is that courts will give considerable weight to evidence that the locality's rezoning decision reflects thoughtful consideration of planning factors. It should be noted that there is one situation where a rezoning 3 10/15/98 9:32 PM •a '�rd • r rts',�'. . `�� iJI'. .'�; +fit; )L i !.'6{. E` ' , ,rlt'. :•*•,—, -;•I�-.�, .'>14". ; . �...';� -,t' • .. � ,. .1i i/.1t i! � .rr•. �ti'�'��� Yl- 'r,t�f~ >�r.,;.i. .Tf ,J.\ f"._`!:. r�.. Vii' � `.!a lU jjJ•,. •�`r.' ;�. r _t;^•`' ��=.. '} - iii`: ;•. •j� ,F,���t� Y/ "Y• 4"t i t • ,ir_t i .. ti _ ,. r:Fi <1;.1 ;; Y ��,`! :c.l '4'S` ••�"��. •.. eT.c,s � ' .Fy"n. 'i VAI .2 47 17. $��y��� � � i •�` �{..•• 'gipp * r,f}t ' ' }f! rr r. 9i .,�' ,yF• r' ..a '.}ti:• x 4 • "'t 'T ,1 !', :'til;"'. atf� �t�� y� .i4 _ �}- R�{ - Yip 'w X72.1 ti r ' '1.' •t ,. '1�. !i ':l �';� -` ail t i I Article:"Understanding Spot Zoning,"by Robert C.Widner http://www.webcom.conV—pej/arficles/wid06O.hbW decision that does not conform to the comprehensive plan may nevertheless be upheld. That is where there is evidence showing significant changes in the community since the adoption of the plan that would justify a rezoning of the property. This is especially true where a review of other factors, such as benefit to the community,and the size of the rezoned parcel, indicate that the rezoning was not merely intended to confer a benefit to the property owner. :.P at tli articT ht. ..r.: lease.note th s. e..s.copym ' p.ote6ted'by.the:Plarin rlg:Coinm ssioners:. umal::Yb u welcome to:download':or.print:tiie article for:your own personal::use or to provide clink to:this article. from.ariotlier:Weh:site::For other.:use:of::the:article;please contact'the Planniri :Commissioners Journal::. nets PLANNING COMMISSIONERS JOURNALM 3 10/15/98 9:32 PM ...`....—•5^.r. to ��a't+�rr.. ,�. .t '� •• .� r +..a i -7Z "• '.Z.1: V "PE, '�" j. t v4:v� •�sr •'�' �.y i" '. �r '.�"' -' ] ,'� r` � �#''tt: -[' � �" .• rte' �, r' ;y+:i .• ., � f '�' .. ase•}.�} �,�[`",.. �.��� . Y ao .� .��..� x.'�'}:`i::•-::rx'�. ::ic;S.�s- "'� .t '1'i .�ha4�'S4„'y.'aJs,.,r,ti`.�'�t,` .. e :rs.. .e['. .� : ���.A. 3. i,. �.''i,.:..�1 .-.>. . ri..�Cllti! :L .'1 ! �(1{. r•.{ 1 i 1! < f. _ .r:fid ,i: V [�r{. lJi��G� .. ii �i C,. � n p. ,. j(,', `i. L `; ..:�• .( `:41.: /' � .. • F.°k ',>y'ice,-. �1 ' 'fit ir';�. ., f! ..s i 1fJ;(. iC'•i ,I i_ �• 1 ;1 t 'N4 i S' '�` W.rY _ ' , ., �>•' {•, > i moi' .,. � =r��> d`�ex b. +'�':ft_.. 'i1 ' > . '1 . . f t • +t. �. '74: � •?t � ~tom S .?�. { w.� �J�`. 4 P('. ,Article: "Understanding S of Zoning,"by Robert C. Widner Page 1 of 2 PlannersWeb PLANNING COMMISSIONERS JOURNAL Understanding pGoto sWeb Home Page Zoning by Robert C. Widner, Esq. "Understanding Spot Zoning" is included in our Taking a Closer Look: Planning Law Primer About the Author collection of articles from the TakingaClem took Planning Commissioners Journal. The booklet is 3-hole punched, and delivered by 1 st class mail. ' [F'r om.lssue 13.pure .17, of'the.PCJ,' Yi inter• .19.94] Most planning commissioners have heard the impassioned cry that a particular rezoning decision will constitute an invalid "spot zoning." This allegation typically arises where the community is considering the rezoning of a single lot or small parcel of property held by a single owner and the rezoning will permit land.uses not available to the adjacent property. Because spot zoning often focuses on the single parcel without considering the broader context, that is, the area and land uses surrounding the parcel, it is commonly considered the antithesis of planned zoning. While rezoning decisions that only affect a single parcel or small amount of land are most often the subject of spot zoning claims (as opposed to rezonings of larger areas), a locality can lawfully rezone a single parcel if its action is shown to be consistent with the community's land use policies. As I will discuss shortly, courts look to the community's comprehensive plan, or to other planning studies, in determining whether the rezoning is, in fact, consistent with local land use policies. Of course, whether a particular rezoning constitutes an unlawful spot zoning depends largely upon the facts surrounding the zoning decision and upon the judicial decisions of each state. However, courts commonly note that the underlying question is whether the zoning decision advances the health, safety, and welfare of the community. A zoning decision that merely provides for individual benefit without a relationship to public benefit cannot be legally supported. Where a particular zoning decision is not supported by a public } purpose, the zoning decision is arbitrary and may be subject to invalidation as unlawful spot zoning. http://www.plannersweb.com/articles/wid060.html 2/10/2004 PG4-Article: "Understanding S t Zoning," by Robert C. Widner Page 2 of 2 Although courts throughout the nation differ in their specific approaches when reviewing spot zoning claims, the majority consider: 1. the size of the parcel subject to rezoning; 2. the zoning both prior to and after the local government's decision; 3. the existing zoning and use of the adjacent properties; 4. the benefits and detriments to the landowner, neighboring property owners, and the community resulting from the rezoning; and 5. the relationship between the zoning change and the local government's stated land use policies and objectives. This last factor-- the relationship of the rezoning decision to the community's land use policies and objectives -- is perhaps the most important one. As a result, when a planning commission(or governing body) initially considers a rezoning request it should determine whether the request is consistent with the comprehensive or master plan. Many communities' zoning codes also require a separate planning study that examines the merits of the proposed rezoning. This further ensures that any rezoning is consistent with the community's land use objectives, and not a case of spot zoning. The bottom line is that courts will give considerable weight to evidence that the locality's rezoning decision reflects thoughtful consideration of planning factors. It should be noted that there is one situation where a rezoning decision that does not conform to the comprehensive plan may nevertheless be upheld. That is where there is evidence showing significant changes in the community since the adoption of the plan that would justify a rezoning of the property. This is especially true where a review of other factors, such as benefit to the community and the size of the rezoned parcel, indicate that the rezoning was not merely intended to confer a benefit to the property owner. Please note that this article is copyright protected by the Planning Commissioners Journal. You are welcome to download or print the article for your own personal use -- or to provide a link to this article from another Web site. For other use of the article, please contact the Pl.annin. Commissioners Journal. Planners Web PLANNING COMMI. SS,IQNERS JOURNAL http://www.plannersweb.com/articles/wid06O.html 2/10/2004 elf L-0 EAST 112 OF SECTION 121 T. 19N. R.6E. M.D.B.& M. 73-30 .. E.1/4 CORNER SEC. 12CO 4 YUSA COUNTY _ %D n NOV 18'22'1N672.00 672.00 1343.95 cn 500.00 529.57 873.00 8 614.00 BUT COUNTY (V .� cu , _ 4.48Ac $ 15 $ 4 Oh I1 13 1 in 3 900.00 9 O O O ti h O 8 8 P 13.33Ac O8 4.98Ac 4.90Ac O 4.73Ac h 29.78Ac 10. 14Ac 10. 14Ac _,.. ---- - - - . . ... _.....r .00 .._.._.. . . . .. . . .. ... ...... . 975.00 .__..._.__....__ . 2 O - 487Ac • 7 a --_ .-._ _......... - _ `.• f�©GKINS.._N ..___....___.64„70 ------- -- -_..__ -- 14 � I6 g v "? 603.97-.pn 4.g8 4.36Ac 6.00Ac 7.33Ac 46PM254;. O8 5.25Ac. 395.66 10 � •1 z _ 73500 918.19 794.65 $ v 22.21 ac 17 . �37 14.36Ac S 7.844c ' 0 13.33Ac o 1600.00 15 1485.36 315.00 325.00 320.66 318.29 346.00 336.71 1321.66 U 619.36 2 J - 319.36 �- , .3x5;99- ... _ 15T.38 301.46 190.03 J 4 of f: 31 a 28 23 45 46 49 50 0 $ 18 m F 52 33 27 25 0 8 4.73Ac $ 5.01 Ac 3.84Ac 4.5 7Ac 4.5 7Ac h T 13.33Ac °p 18.98Ac 4.73Ac 2 - h � 4.23Ac 4.48Ac a D29 60 W, a 1312-55 4.85Ac 0.75Ac 325.46 336.99 2 577.66 J 734.89 316.00 $ 326.00 33?.69 - e 3T 1.71 323.9 -x' a O 325.99 9 361:08 4 326 00 'y!i 1 2 41 n n 6.28Ac5.01Ac (�) N PLASK TM, g 56 (5D5 4 4 a - -. ao 5 4 3 4 30 = - S.O I Ac 0 5.O l Ac 5.01 Ac ; -' 73..- 7zs.46 Z 3.31 ACt 4.75ACf 5.01Ac $ ;a 4 N ry C3 - �. f 0.00Ac W 5.f 5Ac `5.02Ac o? �RS6s _ 4 0 4 3 � z t 5.O l Ac n 6.28Ac ., N N BAJbIFOR WAY _. . _ 9JpM34 C 106RS32 - ' - ' 93PM 13 317.29 371.00 289.00 325.46 313.9s yn 79 721.60mm N --. 321.58 317.00 4 NOO'21'25CENT vi ` z - 39 0.92Ac SEC. � - 19 17 Butte County Assessors Mop Book 73• Page W . ,} NOTE: Them pars oro for assessment - only and may not consftda legal Parcels . CREATED BY PS CREATED ON 9-18-2001 REWSFD B1' SDT REMISED ON 10-03-2001 EFFECTNE 02-OJ ROIL Previous Book 74 Portlan Of Pqp 17 ', Compled Oy Me Butte County Aaseww,3 Offlce I I I I II 1 ' 1 1 1 I I I" - --------------- -------- ----- I I -oo egnA II II .---- - --- --- 9666-90- 0 o5190o10090 X Y Erosion.'- MODERATE - Yuba Co. --------------- 1 100. I I w , 1 ♦ I . - • i r WINTER HERD AREA, 20 ACRE MINIMUM Yuba Co.." IN DEER HERD A A, DEVELOPMENT PERMI ------------- i 4 • ' s / / \ _._.: . ......... / J I i I I I ' A.................. / I y " Yuba Co. i - I --------------- f \ ----------- ----- ------------I 1-- 1 i TPZ-160 ___ ____________ • Yuba Co. ------------- ; TPZ-160 ------ _ � t TM i --- -------------- .r K I I II -- Yuba Co. . 1 _ AR -------------- j I � 1 1 1 1 � > j i ---------- i ---------- i • r 'oo gnJl ------------ ---- I IA sselO { ; ; ; ; II -------------- .00 egnA I r r r { ! ' r • N, . I r ' t` / PROJECT SITE 2 1 1 6 FORBESTOWNROAD 1112 12 7 GP: RA GP: RA / / N o FORBESTOWN To wooaLEAF TPZ-160 ��1`' ZONING: UNCLASSIFIED r'(' / / C' f � BAMFORD WAY 1 a T.19 N., R.6 E., M.D.M. FORBESTOWN ROAD GP: RA GP: RA 11 12 12 7 ZONING: UNCLASSIFIED ZONING: UNCLAS IFIED — CHALLENGE 14 13 13 18 CUTOFF ROAD \ N 90'00'00" E �� 1268.31' Jill I'll 710.12' 558.19' VICINITY HAP EXISTING DIRT ROAD r / II� DOC. 90-053242 SCALE: 1"= 2000' AllioNTO V ,DERB ETA 6 � TOTAL AREA AP: 073-300-027 CQ // mho rl� // ,, / 19.0± ACRES �. O.W.I.D. CANAL Qc) ,, OWNER .f APPLICANT. AREA WEST OF FORBESTOWN ROAD / AREA EAST OF FORBESTOWN ROAD N 7.0± ACRES %J`, ' / 12.0± ACRES ASSESSOR'S PARCEL: 073-300-027 0 V A N D RB"E E K o ZONING: UNCLASSIFIED 18412 E. LOUISE AVENUE ESCALON, CA 95320 5% TO 10% o 0 pp CO j O lf' / GP: RA ; Lo ZONING: UNCLASSIFIED EXISTING DIRT ROAD PREPARED BY: L.S. 7379 JL SURVEvTNG AN"" / EORGE 265.00 ,��''�% 1 oo2.ss' S 894551" W 1267.88 10936 LOVAS COURT ' ' ' -- / GRASS VALLEY, CA 95945 � � � Q �. PH. (530) 477-7343 D JAN 3 0 2004 / BUTTE COUNTY � / � REZONE EXHIBIT FOR E�""'NG°'"'S'ON / GP: RA o GP: RA ZONING: UNCLASSIFIED ZONING: UNCLASSIFIED / • m WIN IBM"0 N Y V A NDU Em vn'% r 1 Ev El Kw'r / ® / BEING A PORTION OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 12 T.19 N,9 R,6 E. M.D.M. IN THE UNINCORPORATED TERRITORY OF / BUTTE COUNTY, . CALIFORNIA h ( BA FORD WAY SCALE: 1`= 100' JANUARY, 2004 J L SURVEYING I GRASS VALLEY, CALIFORNIA SHEET OF G.R.W. i r r EAST 112 OF SECTION 12, T.19N. R.6E. M.D.B.&M. 73-30 o o . Q E.1/4 CORNER _ SEC. 12 N00'18'22�W YUBA COUNTY ^ m 50000 s29.s 673ao 6M00 BUTTE COUNTY 6n.ao Bn.00 171].95 � M 4 � 1 O 4.484c 8 IS lO O 9oaao O i t 13 � � r, .98Ac 4.9OAc O 4.73Ac 8 8 13.33Ac ��. 9.78Ac 10.14AC 10.14Ac 97500 J O O 4.87Ac HODGKINS LANE O O � 2 � 4 4.9 4.36Ac 6.00Ac 7.33Ac 46PM25 8 500.00 !9566 8 5.25Ac 594.00 33.00 92&18 10 12 _ ' 791.69 7 14.36Ac 22.21& $8 17 13.33Ac 17 LAREM LN. I+8536 - 1660.06 � 301.46 190.03 649.35 J2100 32500 320.66 31&29 346.00 33&71 1321.66 2 J J 4 �qc 27 8 25 8 23 8 45 _ 46 49 50 s 18 m �4.23Ac 4.48Ac qac g 47 18.98Ac 3 4.73Ac 4.73Ac 3 5.01Ac 3.84Ac 4.57Ac 4.57Ac 43.33Ac W 29 4.85Ac �BF,s 0.75Ac � ulzss 321.n 325.46 336.99 2 977.66 7H.69 32&0.o 326.06 _ J _ J26.00 Q� '� 32599 J2199 36208 4 1 2 41 ^ �D 157 S43 1 S.OfAc �R 42 6.28Ac R JJ2 69 54 34 30 ti 56 55 _ 44 47 48 51 $ PLASKETT CT. 2&46 • 5.15Ac 5.02Ac 10.00Ac 3.75ACt 4.75ACt 5.01Ac 8 5.01Ac 5.O IAc 5.01 Ac O 4 _ n ��L 74RSs 40 S.OIAc y 43 6.28Ac o U f06RSJ2 BAMFOR WAY 93PM34 U tr ti 9JPM 13 W J21.SB 327.00 6.H.3B 654,96 327.29 371.00 269.00 32146 31191 3n.79 721.60 4 Noo•21'25 W N`" (;)0.92 CENTER 19 17 SEC. 12 Butte County Assessors Map Book 73, Page 30 NOTE These parcels am for assessment purposes - only and may not constitute legal parcels. CREATED BY PS CREATED ON 9-18-2001 REVISED BY 8P RENSED ON 11-19-2003 ETnXTW 02-03 ROLL Pmvious Book 73, Portion Of Page 17 ' Compr7ed ey The Butte County Assessor's Office 510 6b. 17 TN. SEC. 11 & 12 T. 19N. R.6E. M.D.B.& M. 73- 19 ISo / 66a00 02.10 4 - 8 ^ 4.53Ac 29 - 3.00Ac O, 500.00 160.00 O 631.13 w 24 25 � 3 4.54A 2g 0 32.00Ac 8 B.00Ac OOAc 19 OOAc 15.5OAc .50A^ - - a32.18 g^ 1'=400' 2 1] " 4.55Ac 13 S27 6JJ.21 250.00 250 1 C 72&72 R 5.65A 26 m 8 g 10 I1 �q • 12M 23 2.30Ac 1.84Ac 13 ` 26RS50 4.54 6 O 8 1.024 14 �+•� 4 CO 3 10.00Ac 23 $ Ac 2 SEC 12 8 3.43Ac 2.00Ac 235.'8 154RS78 N89'18'51' 1'0°5. 69135 1.75Ac 19 9 12 1 7.02 IJZ02 247 is _ 15 16 34 �� off` �� 22 36 21 a 145.384c ' Butte County Assessor's Map ' Book 73, Page 19 �S NOTE These parcels.are for assessment purposes only and may not constitute legal pa t EREWSED SDT CREATED ON 7-18-2000 SDT RENSm ON 7-24-2000 BUTTE CO . N53'49'15E 1255.12 EFFECINE 2001-02 ROLL 1 OUS BOOK'73PAGE 18 YUBA CO. 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D.B. 4&MK. - 73 -17 F 01 Tax Area Code 64- O/ 4-02 1' USA USA J 640 Ac. other e RS101-59 F\ =lie 1 io 1 9 E• 1 �' � L°5° t4�� � �� / /200' (40) i (39.3Ac) .'(8.961 (I CP.61�1 p0 2 40.T Ac.�y \ 88.26 A °60° ' e 20, �. � ./9° � �°•t� aR --- - �� Abe / 4 7 . 3 I •• 2Q3Aa IZ cA 'sc 0 1 oo c 5 USA i �P�� 17 IN 60� J$! 7D ~$U5R7PZW 1412 0� 11 5!'EJC. 1 �° \� � pm — •- — F• bas. 2 61 a4 S Q0p 13 --- --- o— `. �� %SOO /e 571 2O O �- 32 6©�qu ob Ac 80Ac. C. 1500Z b ze.�3, u s 14 R ~ �o �� 'D 59 ,4t6o79 ROAD 115_7 Act _� 9.6AC 630.97 11 a h USA P/M 62rZZ/23 \ / RO 62 1 N. � + 4Ml� Z O 34 i 35 y4 88.4Ac- RS 140-21 Ib V Q yjvt p v� - C4 `- m BUTTE COUNTY _ o . YUBA COUNTY Assessor's Mop No. 73-// NOTE—ASSESSOR'S PARCEL BLOCK County of Butte, Calif. - $ LOT NUMBERS SHOWN REVISED:12-9.7 IN CIRCLES " • Page 1 of 1 Durling, Carl From: Read, Darren [Darren.Read@fire.ca.gov] Sent: Monday, June 27, 2005 11:37 AM To: Durling, Carl - Subject: RE: Vanderbeek REZ 04-02 Carl, Looks good to me!! Darren Read .: Fire Captain, Fire Protection Planning P � 9 Law Enforcement& Fire Prevention Bureau ' CDF Fire, Butte County Fire Rescue City of Biggs and Gridley Fire Departments 176 Nelson Ave. Oroville CA 95965 (530) 538-7888 Work (530) 538-2105 Fax (530) 521-8072 Cell „r -----Original Message----- From: Durling, Carl [mailto:CDurling@buttecounty.net] Sent: Wednesday, June 22, 2005 11:31 AM »». To: Alpert, Bruce; McClain, Dave; Edell, Stuart; Fogel, Doug; Fowler, Steve; Hill, Rob; Leasure, Paula; Read, Darren; Reimers, Ken; Schroth, Eric Subject: Vanderbeek REZ 04-02 Attached is the"Final"agenda report for final condition check. I need any comments back by 05Ju1y05 in order to make the PC hearing of 28Ju105. Thanks, ..,.a.'. Carl Durling � �r 6/28/2005 Butte County Department of Development Services Planning Memorandum Date To: Inter-Departmental Review Committee Subject: Completeness of Application, Vander Beek REZ 04-02 Planner: Carl Durlin APN: 073-300-027 Location on both sides of Forbestown Road, approximately 915 feet north of Bamford Way, east of Forbestown Date of IDR: 8/24/05 Please respond by August 22, 2005,regarding final conditions. Do you find this application complete? ❑ I No. What is needed to make the application complete? X Yes. Conditions and/or mitigation measures (please respond by 09/08/05. Standard. Conditions are attached for your convenience. Signature Darren Read )_ Date: 8/8/05 (Please send your response to edurling@buttecounty.net.) a , This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps,has been sent to Environmental Health,LAFCo,County Counsel,the Assessor's office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Mary Johnston at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 08/24/05. • ,Page l of l - Durling, Carl ' From: Michelena, Mark Sent: Wednesday, June 15, 2005 10:16 AM To: Durling, Carl Subject: Phone Call-Vanderbeek Rezone Carl, I received a call last week(6/9/05)from a Mr. Richard Fry regarding the Vanderbeek Rezone. He says that he is the applicant's representatiev. I believe I called him back and left a message that you are the planner handling the project. But here is his information: Mr. Richard Fry 755-9420 Thanks. � . Mark t 6/15/2005 Michelena, Mark From: Breedon, Dan Sent. Wednesday, May 04, 2005 2:13 PM To: • Michelena, Mark. Subject: "` FW: Review_of Mitigated Negative Declarations for TPM 05-04 (Sefcik FamilyTrust)andRZ� 04-02 (Vanderbeek) ' ' Mark, more comments or no comments from Caltrans concerning one of steve's projects now assigned to you. -----Original Message----- From: Richard Helman [mailto:.richard_helman@dot.ca.gov] Sent: Wednesday, May 04, 2005 2 :11 PM To: Breedon, Dan Subject:�Review .of" Mi_t_ igated Negative Declarations for TPM 05-04 (Sefcik FamilyTrust) and Fz_ 04-02 e(Vanderbeek) f Hi Dan: The subject applications were under Steve's name as the contact. We have reviewed the subject.negative declarations and have "No Comment" . Rick Helman Inter-governmental Review Coordinator CALTRANS-District 3, Office of Transportation Planning-North, P.O. Box 911, Marysville, 'CA 95901 Voice: 530-634-7612 or 8-457-7612 Fax: 530-741-5346 t - 1 Durlin , Carl From: Wannenmacher, Felix Sent: Friday, July 01, 2005 4:11 PM To: Durling, Carl; 'Stephen A. Streeter' Cc: Miller, Gloria Subject: Vanderbeek Agenda Report(RZ 04-02) i Carl and Stephen, have reviewed the agenda report and have the following comments. /In Ex Sum, last sentence, Plan Comm only recommends to Board, it does not approve. . �tn Anal, second bullet,-chart indicates all the surrounding properties are U so this rezone would be the first away from U /and might become the standard. /You should do an analysis of the zone chosen to determine whether it is better than other zones. -w his is based on your planning analysis, not just on the request of the applicant. fifth bullet, #1, response, if the whole area went with 5 ac parcels, how many parcels would it be and what would be the /mulative traffic impact? econd to last sentence, what about other zones?, ould they also be consistent? erhaps you should evaluate the different uses allowed in the potentially consistent zones to discuss which is the best fit. 4, response, first sentence, include second dwellings. �f;µ ,Last sentence, what about the surrounding area? • �� l�.9, question, your response does not address water quality, wildlife habitat or general environmental quality. esponse, first sentence, include second dwellings. -„ - / hird sentence, delete"vehicle in". !#10, response,this is more important since the first zone chosen may set the standard for those that follow. You should evaluate this more. ,/Third sentence, it is a recommendation, not an approval. Seventh bullet, what about if other parcels also go to 5 ac? Cumulative impact. Eighth bullet,first sentence, this should have been discussed in #9 above. (Action III, it is a recommendation, not an approval. Action 1111,what about a finding relative to the zoning criteria? /Action III K,what if all parcels in the area went to 5 ac? /This is a bit different from other rezones because it is the first parcel in the area to switch from U and could become the •_ Atandard. -• #ou should do some analysis to determine what we believe is the best zone. /Felix CONFIDENTIAL --ATTORNEY-CLIENT PRIVILEGE -- CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain -- confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. I�. /} a STATE OF CALIFORNIA _ ,k Governor's Office of Planning and Research State Clearinghouse and Planning Unit Arnold Sean Walsh Schwarzenegger BUTTE Director . Governor COUNTY June 1,Zoos JUN .14 2005 DEVELOPMENT SERVICES Stephen Betts Butte County 7 County Center Drive Oroville,CA 95965 Subject: Monty A. Vanderbeek Rezone(RZ,04-02) SCH#: 2005052011 Dear Stephen Betts: The State Clearinghouse submitted the above named Negative Declaration to selected state-agencies for review. The review period closed on May 31,2005,and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents,pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at(916)445-.0613 if you have any questions regarding the environmental review process. If you have a question'about the above-named project,please refer to the ten-digit State Clearinghouse number when contacting this office. Sincerely, Terry Roberts Director,.State Clearinghouse 1400 TENTH STREET P.O.BOX.3044 SACRAMENTO,CALIFORNIA 95812-3044 TEL(916)445-0613 FAX(916)323-3018 www.opr.ca.gov Document Details Reporlo '' • State Clearinghouse Data Base SCH# 2005052011 Project Title Monty A.Vanderbeek Rezone (RZ 04-02) Lead Agency Butte County Type Neg Negative Declaration Description Rezone from U (Unclassified,20-acre minimum parcel size)to TM-5 (Timber Mountain, 5-acres minimum parcel size). With this rezone,and upon approval of a subsequent parcel map, the project site could be divided into three parcels for single family residential use. Lead Agency Contact Name Stephen Betts Agency Butte County J Phone (530)538-7153 Fax email Address 7 County Center Drive City Oroville State CA Zip 95965 Project Location County Butte City Region Cross Streets Forbestown Road/Bamford Way Parcel No. 073-300-027 Township 19N Range 7E Section 12 Base MDB&M Proximity to: .. Highways Airports Railways Waterways Oroville Wyandotte Canal, S. Fork Feather River Schools Land Use Undeveloped/U/Agricultural Residential Project Issues Aesthetic/Visual;Agricultural Land;Air Quality;Archaeologic-Historic; Drainage/Absorption; Forest Land/Fire Hazard; Geologic/Seismic; Landuse; Noise; Septic System; Soil Erosion/Compaction/Grading;Traffic/Circulation;Vegetation; Water Supply; Wildlife , Reviewing Resources Agency; Regional Water Quality Control Bd., Region 5(Redding); Department of Parks and Agencies : Recreation; Native American Heritage Commission; Department of Health Services; Office of-Historic Preservation; Department of Forestry and Fire Protection; Department of Fish and Game, Region 2; Department of Water Resources;.California Highway Patrol; Caltrans, District 3 Date Received 05/02/2005 Start of Review 05/02/2005 End of Review 05/31/2005 Note: Blanks in data fields result from insufficient information provided by lead agency. w , California Wildlife Habitat Relationships System California Department of Fish and Game California Interagency Wildlife Task Group Montane Hardwood Philip M. McDonald Vegetation Structure—A typical montane hardwood habitat is composed of a pronounced hardwood tree layer, with an infrequent and poorly developed shrub stratum, and a sparse herbaceous layer. On better sites, individual trees or clumps of trees may be only 3 to 4 m (10 to 13 ft) apart. On poorer sites, spacing increases to 8 to 10 m(26 to 33 ft). Where trees are closely spaced, crowns may close but seldom overlap. Living crowns on mature canyon live oaks occupy about 60 percent of the bole on typical sites and up to 80 percent on poor sites. Tree heights tend to be uniform at most ages in mature stands where hardwoods occur, but subordinate to conifers. Mature oaks on better sites and in canyons range between 17 and 30 m(56 and 98 fl) tall and up to 150 cm(59) in) dbh. On poorer sites,mature trees typically are 10 to 15 m(33 to 49 ft)tall with boles up to 65 cm(26 in) in dbh, with dome-shaped crowns almost as wide as the trees are tall. On rocky summits, canyon live oak is a shrub of small diameter,usually less than 4 m(13 ft) in height. Snags and downed woody material generally are sparse throughout the montane hardwood habitat. Composition-- In the Coast Range and Klamath Mountains, canyon live oak often forms pure stands on steep canyon slopes and rocky ridge tops. It is replaced at higher elevations by huckleberry oak(Parker and Matyas 1980)(No 1980 Lit Cite only 1979 and 1981.). At higher elevations, it is scattered in the overstory among ponderosa pine, Coulter pine, California white fir, and Jeffrey pine,the latter on serpentine and peridotite outcrops. Middle elevation associates are Douglas-fir,tanoak, Pacific madrone, California-laurel, California black oak, and bristlecone fir. Knobcone pine, Digger pine, Oregon white oak, and coast live,oak are abundant at lower elevations. Understory vegetation is mostly scattered woody shrubs (manzanita, mountain-mahogany,poison- oak) and a few forbs. In the Transverse and Peninsular ranges of southern California, overstory associates at middle and higher elevations are Jeffrey pine, ponderosa pine, sugar pine, incense-cedar, California white fir, bigcone Douglas-fir, California black oak, and Coulter pine. At lower elevations, associates are white alder, coast live oak,bigleaf maple, California- laurel,bigcone Douglas-fir, and occasionally valley oak, Digger pine, and blue oak (Cheatham and Haller 1975, McDonald and Littrell 1976). Understory shrub species are manzanita, poison-oak, co*ffeeberry, currant, and ceanothus. r • - In the southern Cascade and Sierra Nevada ranges, steep, rocky south slopes of major river canyons often are clothed extensively by canyon live oak and scattered old-growth Douglas-fir. Elsewhere, higher elevation overstory associates are typical mixed conifer and California black oak; lower elevation associates are Digger pine,knobcone pine, tanoak, Pacific madrone, and scrubby California-laurel. Associated understory vegetation. includes Oregon-grape, currant, wood rose, snowberry, manzanita,poison-oak, and a few forbs and grasses. Other Classifications-- In southwest Oregon,the species is part of the mixed evergreen(Pseudotsuga-sclerophyll) zone and to a lessor extent the conifer forest zone on drier areas (Franklin and Dryness 1969). These classifications are pertinent to California as well. In California, canyon live oak occurs in 12 of the 17 forest communities described by Munz and Keck(1968)(No Munz and Keck 1968 in Hab Lit Cite.), in 8 dominance types in the Siena Nevada(Myatt 1980), and in 6 ecological provinces (Parker and Matyas 1980). Cheatham and Haller(1975)place canyon live oak in 8 minor subdivisions of 2 habitat types. Canyon live oak is recognized as a forest cover type by the Society of American Foresters and is an associate species in eight other types (Eyre 1980). Habitat Stages Vegetation Changes-- 1;2-5:S-D. Initial establishment of canyon live oak is by acorns,most of which do not move far from beneath tree crowns. Wider dissemination of acorns and seeds of associate species is by birds and mammals. After establishment, canyon live oak sprouts vigorously from the root crown. Most hardwood associates also sprout prolifically. Rapid sprout growth enables the hardwoods to capture most of the favorable micro sites, forcing the conifers to invade harsher sites, or those made harsh by hardwood roots below ground and hardwood shade above. Delayed establishment, slow growth, and sparse or clumpy distribution of conifers often results. In most instances, succession is slow. Seldom is canyon live oak a pioneer species, but occasionally it invades and becomes established on alluvial soils (Heady and Zinke 1978). Canyon live oak has loose, dead, flaky bark that catches fire readily and bums intensely(Plumb 1980). Occasional fire often changes a stand of canyon live oak to live oak chaparral,but without fire for sufficient time, trees again develop. Where fire is " frequent,this oak becomes scarce or even drops out of the montane hardwood community. Duration of Stages--A type more stable than Montane Hard wood is difficult to envision. The large number of species in the type,both conifer and hardwood, allow it to occupy and persist in a wide range'of environments. Good soils and poor, steep slopes and slight, frequently disturbed and pristine all are at least adequate habitats for one or more species. Longevity (at least 300 years for some species), and large size help to ensure dominance. Seed and sprout reproductive modes assure both wide spread and stationary reproduction, and consequently several age and size classes usually are present in most areas. Growth of most hardwoods, especially canyon live oak, generally is slow and depends on depth and rockiness of soil, slope, and possibly length of time for roots to reach groundwater(Myatt 1980) Biological Setting • Habitat-- At lower elevations,neighboring habitats are Valley foothill Hardwood- conifer(VHC) and, to a lesser extent,Closed cone Pine Cypress (CPC). At low and middle elevations, Mixed Chaparral(MCH) interfaces with Montane Hardwood. Wildlife habitats at middle elevations, often overlapping above and below, are Montane Hardwood-conifer(MHC), Mixed Conifer(MCN), Douglas-fir(DFR) and, to a lesser degree, Pine juniper(PJN). At higher elevations,Montane Hardwood is neighbor to Eastside Pine (EPN), Jeffrey Pine(JPN), and Montane Chaparral (MCP). Wildlife Considerations--Bird and animal species characteristic of the Montane Hardwood habitat include disseminators of acorns (scrub and Steller's jays, acorn woodpecker, and western gray.squirrel)plus those that utilize acorns as a major food source wild turkey, mountain quail,band-tailed pigeon, California ground squirrel, dusky-footed woodrat, black bear, and mule deer. Deer also use the foliage of several hardwoods to a moderate extent.Many amphibians and reptiles are found on the forest floor in the Montane Hardwood habitat. Among them are Mount Lyell salamander, ensatina, relictual slender salamander, western fence lizard, and sagebrush lizard. Snakes include rubber boa, ,western rattlesnake, California mountain kingsnake, and sharp tailed snake. i Physical Setting Canyon live oak and associates are found on a wide range of slopes, especially those that are moderate to steep. Soils are for the most part rocky, alluvial, coarse textured, poorly developed, and well drained. Soil depth classes range from shallow to deep. L Canyon live oak, incense-cedar, and a few other associates are also found on ultrabasic soils. Mean summer temperatures in the Montane Hardwood habitat vary between 20 and 25 C (68 and 77 F) and mean winter temperatures between 3 and 7 C (37 and 45 F). Frost-free days range from 160 to 230 (Thornburgh 1986)(No Thornburgh 1986 in Habitat Lit Cite.). Annual precipitation varies from 2794 mm(I 10 in) in the northern Coast Range to 914 mm(36 in) in the mountains of southern California. Distribution The Montane Hardwood habitat ranges throughout California mostly west of the Cascade-Sierra Nevada crest. East of the crest, it is found in localized areas of Placer, El Y Dorado, Alpine and San Bernardino Counties. Elevations range from 100 in(300 fl)near the Pacific Ocean to 2745 in(9000 ft) in southern California Literature Cited Cheatham,N. H., and J. R. Haller. 1975. An annotated list of California habitat types. Uriiv. of California Natural Land and Water Reserve System,unpubl. Manuscript Eyre, F. H., ed. 1980. Forest cover types of the Unites States and Canada. Soc. Amer. Foresters, Washington D.C. Franklin, J. F. and C. T. Dymess. 1969, 1973. Natural vegetation of Oregon and Washington. U.S. Dep. Agric., For. Serv. (Portland, Ore.), Gen.Tech. Rep. PNW- 80. r ^ _ Heady, H. F., and P. J. Zinke. 1978. Vegetational changes in Yosemite Valley.Nat'l. Park Serv: Occas. Pap. 5. McDonald, P. M., and E. E. Littrell. 1976. The bigcone Douglas-fir canyon live oak community in Southern California. Madrono 23:310-320. Myatt, R. G. 1980: Canyon live oak vegetation in the Sierra Nevada. Pages 86-91 In T. R. Plumb, tech. ed. Proceedings of the symposium on the ecology,management, and utilization of California oaks. U.S. Dep. Agric., For. Serv., (Berkeley, Calif.) Gen. Tech. Rep. PSW-44. Parker, I., and W. J. Matyas. 1981. CALVEG: a classification of Californian vegetation. U.S. Dep. Agric., For. Serv., Reg. Ecol. Group, San Francisco. Plumb; T. R. 1980. Response of oaks to fire. Pages 202-215 in T. R. Plumb, tech. ed. Proceedings of the symposium on the ecology, management, and utilization of California oaks. U.S. Dep. Agric., For. Serv. (Berkeley, Calif), Gen. Tech. Rep. PSW-44. M California Wildlife Habitat Relationships System California Department of Fish and Game California Interagency Wildlife Task Group Douglas-Fir Martin G. Raphael Vegetation Structure-- This habitat forms a complex.mosaic of forest expression due to the • geologic, topographic, and successional variation typical within its range(Sawyer 1980). Typical aggregations include a lower overstory of dense, sclerophyllous,broad-leaved evergreen trees (tanoak, Pacific madrone)up to 35 in(114 ft) tall, with an irregular, often open,higher overstory of tall needle-leaved evergreen trees (Douglas-fir)up to 90 m(295 , ft) (Marcot 1979, Sawyer 1980, Franklin et al. 1981, Thornburgh 1982). A small number of pole and sapling trees occur throughout stands(Thornburg 1982). On wet sites, shrub layers are well developed, often with 100 percent cover. Cover of the herbaceous layer under the shrubs can be up to 10 percent. At higher elevations, the shrubs disappear and the herb layer is often 100 percent. Typical mesic habitats have a poorly developed or non-existent shrub and herb layer. Dry habitats have greater cover of shrubs and especially grasses (Franklin and Dyrness 1973, D. A.Thornburgh, pers. comm.). On steeper(> 75%), drier slopes with shallow soils, the shrub and herb layer is poorly developed, represented mainly by moss-covered rocks (Sawyer et al. 1977). Diameter of overstory Douglas-fir ranges up to 450 cm(1140 in) and averages 150 to 220 cm(360 to 560 in) on better sites (Franklin and Waring 1980). Density of Douglas-fir decreases with stand age from about 400 stems>2 in talUha(160/ac) in 100-year old stands to 290 stems/ha (116/ac) in 250-year-old stands; density of other species increases from 765 to 1212 stems/ha (306 to 490/ac)M. G.•Raphael,unpublished data). In a study of similar forests in Oregon, overstory foliage biomass was similar in young(37-year-old) stands, but understory biomass was nine times greater in the older stand(Grier et al. 1974). Mature overstory Douglas-fir trees have a typically cylindrical crown beginning at 20 to 40 in (66 to 131 ft), composed of irregularly scattered branches (Franklin et al. 1981). Diversity of tree size typically increases with stand age, as does tree spacing(Franklin et al. 1981). Young stands have closely spaced and uniformly distributed trees,whereas older stands show a more patchy stem distribution. Snags and downed logs, an important structural component of this habitat,increase in density or volume with stand age (Franklin and Waring 1980, Raphael and Barrett 1984). • Composition-- Overstory composition varies with'soil parent material, moisture, topography, and disturbance history. Dry.steep slopes on metamorphic and granitic parent materials are dominated by canyon live oak. Less rocky,dry soils support Douglas-fir, tanoak, and Pacific madrone in association with sugar pine,ponderosa pine, black oak, and canyon live oak. Deep mesic soils support an overstory of Douglas-fir with a tanoak.dominated understory. Wettest sites include Pacific yew and, less ' y r i ' is + • . — consistently, Port-Orford cedar. On ultrabasic derived soils,Douglas-fir attains less dominance and is replaced by Port-Orford cedar on mesic sites to the extreme northwest (Stein 1980a) and open stands of Jeffrey pine, incense cedar, sugar pine,knobcone pine, and western white pine on more xeric sites (Whittaker 1960, Whittaker 1961, Rockey et al. 1966,Mize 1973, Sawyer et al. 1977). In the southern and eastern extent if the type, ponderosa pine becomes a major codominant with Douglas-fir, and cover of black oak increases (Waring and Major 1964, Sawyer et al. 1977). In the absence of fire or other disturbance, western hemlock may occur as a codominant with Douglas-fir and tanoak at the western extent of the type in areas transitional to redwood forest(Sawyer et al. 1977). The shrub layer is typically composed of canyon live oak, Oregon-grape, California blackberry, dwarf rose, and poison-oak(Franklin and Dymess 1973). Mesic sites support vine maple, California hazel, salal, and Pacific rhododendron(Sawyer et al. 1977). On sedimentary soils, the principal understory shrubs are California huckleberry, snowbrush ceanothus, salal, and Oregon-grape. Ultrabasic soils supporta shrub layer of huckleberry oak, shrub tanoak, California-laurel, California buckthorn, and Brewer oak(Whittaker 1960). Forbs and grasses include Pacific trillium, western swordfern, insideout flower, broad-leaf starflower, deervetch vanillaleaf,American deervetch, princes pine, common whipplea, California honeysuckle,American trailplant,whitevein shinleaf,western rattlesnake plantain, Sierra fairy bells,bracken fern, western fescue, common beargrass, and hartford oniongrass (Franklin and Dymess 1973, Sawyer et al. 1977). Mize(1973), Simpson(1980), and Laidlaw-Holmes (198 1) discuss understory composition in relation to parent material and soil moisture. Other Classifications-- Other names for Douglas-fir habitat include Douglas-fir- Tanoak-Madrone, Douglas-fir-Pine-Madrone, Douglas-fir Series (Parker and Matyas 1981), Port-Orford-Cedar-231 (Stein 1980a), Douglas-fir-Tanoak-Pacific Madrone- 234(Sawyer 1980), Western Hemlock Forest-8.22, and Douglas-fir Forest-8.24 (Cheatham and Haller 1975), Douglas-fir Forest-13(Munz and Keck 1959), Evergreen Forest Land-42 (Anderson et al. 1976),Mixed-Evergreen Zone(Franklin and Dymess 1973), Pseudotsuga-Hardwood Forest(Sawyer et al. 1977),Mixed Evergreen Forest with 'Chinquapin, and Mixed Evergreen Forest with Rhododendron(Kuchler 1977), and Mixed Evergreen Forest(Marcot 1979). Habitat Stages Vegetation Changes-- 1; 2-5:S-D;6. After a major disturbance, Douglas-fir habitats can proceed through structural classes 1-5, although the sequence is often truncated on poorer sites..Stage 6 stands occur when periodic disturbance leads to a multi-aged stand or a shade tolerant understory develops. This habitat can exist as any of the canopy closure classes S-D, although class D is most frequent. After logging or intense fire, tanoak regenerates by sprouting and Douglas-fir by seeding. Good seed years are irregular,with peaks at about seven-year intervals (Thornburg 1982). Tanoak sprouts grow faster than Douglas-fir seedlings and initially dominate along with various shrubs and herbs. Tanoak can form a nearly solid canopy for 60 to 100 years until natural mortality allows Douglas-fir to become dominant. In mixed stands of tanoak and ` Douglas-fir, the latter overtops tanoak in 15 to 30 years on mesic sites (Thornburgh 1982). On xeric sites, hardwoods dominate longer. Thus, abundance and growth of tanoak sprouts depends on the structure of the previous stand and on available soil moisture. Over the course of succession, grasses,herbs, and shrubs are most abundant in the seedling tree class, least abundant in pole and small tree classes, and moderately abundant in the medium/large.tree class. Snag and log volume also increase with stand age. Duration of Stages--Because of frequent fires, typical climax Douglas-fir habitat is rare (Thornburgh 1982). In the absence of disturbance, such stands develop in 80 to over 250 years, depending on site quality (McArdle 1961,Lang 1980). Individual Douglas-fir trees can live to 1250 years; ages in excess of 750 years are common (Franklin and , - Waring 1980). Following disturbance,the seedling tree class persists for 5 to 20 years, depending on site quality. The sapling tree class can be 5 to 60 years old the pole-tree, small tree, and medium large tree classes can be 20 to 130, 35 to over 130, and 80 to over v 250 years, respectively (McArdle 1961, Lang 1980, Franklin et al. 1981). Multilayered (class 6) stands probably develop over the same time period as medium/large tree stands. Biological Setting Habitat-- Douglas-fir occurs at low to moderate elevations in juxtaposition with a number of other habitats. Redwood(RDW) occurs at lower elevations to the west, and _ Mixed Conifer(MCN) occur§to the east and at higher elevations within the range of Douglas-fir. To the north, especially in more mesic sites,this habitat is bounded by hemlock and sitka spruce zones of Franklin Dymess (1973)(No 1973 cite. Only a 1969 Cite. Not placed in Lit Cite at enc.). More xeric sites to the south are bounded by and interspersed with Valley-Foothill Hardwood(VFH) and Valley-Foothill Hardwood' ' Conifer(VHC). ther habitats, such as Montane Hardwood(MHW),Montane Hardwood Conifer(MHC), Montane Riparian (MRI) and Montane Chaparral (MCP) form a complex mosaic with Douglas-fir at similar elevations (Sawyer et al.1977). Wildlife Considerations--This habitat supports a high abundance of wildlife species. Weins (1975)(Not in Habitat Lit Cite.)reported that northwest coastal coniferous forests supported a higher average bird density than any other forest type in North America. Bird species typical of this habitat include spotted owl, western flycatcher, chestnut-backed • chickadee, golden-crowned kinglet,Hutton's vireo, solitary vireo,hermit warbler, and varied thrush. Among amphibians and reptiles, the distributions of northwestern salamander, Pacific giant salamander, Olympic salamander, Del Norte salamander,black salamander,clouded salamander,tailed frog, and northwestern garter snake are largely coincident with the distribution of Douglas-fir habitat. Although not restricted to this habitat, the ensatina is its most abundant amphibian. Typical mammals include fisher, deer mouse, dusky-footed woodrat western redbacked vole,creeping vole,Douglas' squirrel, Trowbridge's shrew, and shrew-mole. Physical. Setting t - Climatically, this habitat experiences hot, dry summers and cool, mild, wet winters. Mean July temperatures range from 14 to 22 C (57-72 F). Average January temperatures range from 0 to 8 C (32-46 F) (Proctor et al. 1980). Annual precipitation varies from 60 to 170 cm(24-27 in), generally less than 15 percent falling during summer. Precipitation increases inland and at higher elevations. Snowfall ranges from 3 to 80 cm(2 to 31 in) and rarely persists later than June (Proctor et al. 1980). Topography is characterized by rugged, deeply dissected terrain and steep slopes (Franklin and Dyrness 1973), especially toward the south. Major soil types are based on sedimentary granitic, and ultramafic parent materials of gabbro,peridotite, and serpentine (Whittaker 1960). Distribution Douglas-fir habitat occurs in the north Coast Range from Sonoma County north to the Oregon border and in the Klamath Mountains of California and Oregon. This habitat usually occurs at elevations from 150 to 600 in(500 to 2000 ft) in the Coast Range and from 300 to 1200 in(1000 to 4000 ft) in the Klamath Mountains. It can occur at higher elevations if plentiful precipitation is present(Sawyer 1980). Literature Cited Anderson,.J. R., E. E. Hardy, J. T. Roach, and R. E. Witmer. 1976. A land use and land cover classification system for use with remote sensor data. U.S. Dep. Interior, Geol. Surv.,Prof. Pap. 964. Cheatham,N. H., and J. R. Haller. 1975. An annotated list of California habitat types. Univ. of California Natural Land and Water Reserve System,unpubl. manuscript Franklin, J. F. and C. T. Dyrness. 1969, 1973. Natural vegetation of Oregon and Washington.U.S. Dep. Agric., For. Serv. (Portland, Ore.),.Gen. Tech. Rep. PNW- 80. Franklin, J. F., and R. H. Waring. 1980. Distinctive features of the northwestern coniferous forest: development structure, and function. Pages 59-86 In R. H. Waring, ed. Forests: fresh perspectives from ecosystem analysis. Oregon State Univ. Press, Corvallis. Franklin, J. F., K. Cromack, Jr.,W. Denison,A. McKee, C. Maser, J. Sedell, F. Swanson, and G. Juday.1981 Ecological characteristics of old-growth Douglas-fir forests. U.S. Dep. Agric., For. Serv. (Portland, Ore.), Gen. Tech. Rep. PNW-118. Grier, C. C., D. W. Cole, C. T. Dyrness, and R. L. Fredriksen.1974.Nutrient cycling in 37- and 450-year old Douglas-fir ecosystems. Pages 21-34 In R. H. Waring and R. L. Edwards, eds. Integrated research in the coniferous forest biome. U.S. Int. Biol. Prog., Ecosystem Anal. Studies, Conf.,For. Biome Bull. 5. Kuchler, A. W. 1977. Appendix: the map of the natural vegetation of California. Pages 909-938 In M. G. Barbour and J. Major, eds, Terrestrial vegetation of California. John Wiley and Sons,New York. Laidlaw-Holmes, J. M. 1981. Forest habitat types on metasedimentary soil of the South ' Fork Mountain region of California. M.S. thesis, Humboldt State Univ., Arcata, Calif. Lang, F. J. 1980. Old-growth forests of the Douglas-fir region of western Oregon and western Washington: characteristics and management Jones and Stokes Assoc., Sacramento, Calif. Marcot, B. G., ed. 1979. Introduction Vol. I. California wildlife/habitat relationships • program north coast/cascades zone. U.S. Dep. Agric., For. Serv., Six Rivers Nat'l. Forest, Eureka, Calif. McArdle, R. E.1961. The yield of Douglas fir in the Pacific Northwest.U.S. Dep. Agric., Tech. Bull. 201. Mize, C. W. 1973. Vegetation types of lower elevation forests in the Klamath Region, California.M.S. thesis Humboldt State Univ., Arcata. Munz, P. A., and D. D. Keck. 1959. A California flora. Univ of California Press, Berkeley. Parker,I., and WA. Matyas. 1981. CALVEG: a classification of Californian vegetation. U.S. Dep. Agric.., For. Serv., Reg. Ecol. Group, San Francisco. Proctor, C. M., J. C. Garcia, D. V. Galvin, G. B. Lewis; and L. C. Loehr. 1980. An ecological characterization of the.Pacific Northwest Coastal Region. U.S. Dep. Interior, Fish and Wildl. Serv. FWS/OBS - 79/11 through 79/15. Raphael,M. G., and R. H. Barrett. 1984. Diversity and abundance of wildlife in late successional Douglas-fir forests. Pages 352-360 in Proc.1983 Soc. Amer. Foresters Nat'l. Conv., Soc. Amer. Foresters 84-03. Rockey, R. E., K. E. Bradshaw, and A. G. Sherrell. 1966. Interim report, soil-vegetation survey. U. S. Dep. Agric., For. Serv., Six Rivers Nat'l. Forest,Orleans Ranger Dist., Orleans Calif. Simpson, L. G. 1980. Forest types on ultramafic parent materials of the southern Siskiyou Mountains in the Klamath region of California. M.S. thesis, Humboldt State Univ., Arcata. Sawyer, J. O., D. A. Thornburgh, and J. R. Griffin. 1977. Pages 359-382 In M. G. Barbour and J. Major, eds. Terrestrial vegetation of California. John Wiley and Sons,New York. Sawyer, J. O. 1980. Douglas fir-tanoak-Pacific madrone 234. Pages 111-112 In F. H. Eyre, ed. Forest cover types of the United States and Canada. Soc. Amer. Foresters, Washington, D.C. Stein, W. 1. 1980a. Port Orford-cedar 231. Pages 108-109 In F. H. Eyre, ed. Forest cover types of the United States and Canada. Soc.,Amer. Foresters,Washington, D.C. Thornburgh, D. A. 1982. Succession in the mixed evergreen forests of northwestern California. Pages 87-91 In J. E. Means, ed. Forest Succession and stand development research in the northwest. Oregon State Univ., Corvallis. Waring, R. H., and J. Major. 1964. Some vegetation of the California redwood region in relation to gradients of moisture, nutrients, light, and temperature. Ecol. Monogr. 34:167-215. ` Whittaker, R. H. 1960. Vegetation of the Siskiyou Mountains, Oregon and California. EcoLMonogr. 30:270-338. 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