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HomeMy WebLinkAboutABAN 06-02_PLANNING �� V �YNI �N �NNY� u �� IVVI �Ih SEPARATOR- SHEET avN +9 100 00 ,aoJERNUMeEa AP" 'D2 Name: Robert Woodworth Project: Abandonment 06-02 Planner: Carl Durling APN: 079-200-001 Zoning: PUD Location: on the north side of Phaeton Drive,approximately 900 feet west of Coach Drive, 2606 Phaeton Drive, in Oroville. Proposal: Abandonment of a 20-foot Public Utility Easement on the west side of Lot 1 of Carriage Manor Subdivision(66 M 48). Mr. Durling gave a brief summary of the project. t ' Commissioner Leland asked who owns the easement rights. Mr. Durling said PG&E and LOAPUD. He said upon approval of the Board of Supervisors the utility companies will relinquish their rights to the easement. Commissioner Leland asked why this item is before the Planning Commission if it is a matter between two private parties. Mr. Durling said the easement is between the property owner and utility companies. Commissioner Leland asked what the Commission should be looking for. Mr. Durling said the Code states Abandonments are reviewed by the Planning Commission for consistency with the General Plan. Mr. Edell said the County accepted the easement on behalf of the utility companies. Commissioner Wilson said it appears there is another easement back by Oro Bangor Highway,and asked if that easement has been abandoned. Mr. Durling said that easement has not been abandoned and has no bearing on this property. Commissioner Wilson asked if he was to assume that the easement between these two has been abandoned. Mr. Durling said "no." Commissioner Wilson asked what a light and air easement was for. Mr. Durling said the easement was to protect the open space. The hearing was opened to the public. Robert Woodworth said he needs this abandonment to put in an addition on his mobile home. The hearing was closed to the public and comments confined to the Commission and staff. ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■FEBRUARY 9,2006■PAGE 5 ■ It was moved by Commissioner Wilson,seconded by Commissioner Marin,and unanimously carried to approve the Abandonment for Robert Woodworth as follows: I. Find that this project is exempt from the provisions of the California Environmental Quality Act under Section 15305. The payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5'is not required. ]I. Report to the Board of Supervisors on the General Plan consistency of the request by Sharon and Robert Woodworth to abandon the 20-foot public utility easement encumbering the west 20 feet of Lot 1,of Carriage Manor Subdivision(Book 66 of Maps,Pages 48-49). A. The proposed abandonment does not conflict with any goal or policy of the Butte County General Plan. B. The abandonment of the easement will not have an impact because the easement is not needed for public utility purposes. f —� ■BUTTE COUNTY PLANNING COMMISSION MINUTES FEBRUARY 9,2006 PAGE 6■ . EXHIBIT A Abandonment for Sharon and Robert Woodworth, on APN 079-200-001, File # ABAN 06-02: An application for abandonment of a 20-foot Public Utility Easement on the west side of Lot 1 of Carriage Manor Subdivision(66 M 48). I. CONDITIONS OF APPROVAL: 1. None ■BUTTE COUNTY PLANNING CONMISSION AGENDA REPORT■ ■February 24,2005 ■ Starr ABAN 05-01 ■Page 3 of 3 ■ ■ PROJECT SUMMARY SHEET FILE NO.: ABAN 06-02 PROJECT TYPE: Abandonment APN: 079-200-001 APPLICANT: Sharon&Robert Woodworth ADDRESS: 5181 Stargate Lane,Paradise, CA 95969 PHONE: OWNER: Sharon&Robert Woodworth ADDRESS: 5181 Stargate Lane,Paradise, CA 95969 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: abandon a public utility easement, and a light and air easement LOCATED: north side of Phaeton Drive, approxiamtely 900 feet west of Coach Drive; 2606 Phaeton Drive in Oroville. PROPERTY ZONED:PUD (Planned Unit Development) GENERAL PLAN DESIGNATION: LDR(Low Density Residential) TOWN/AREA: Oroville 1. Application accepted: 11/22/2005 Amount: $ 2843.00 Receipt#: 2. Assigned To: Carl Durlin � g 3. Comments sent to: Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commissioner, CDF, Building Manager 4. Sent to Inter-Departmental Review Committee (IDR): 5. Status Letter sent to applicant: 6. _ Date scheduled for IDR: 12:00:00 AM 7. Comments received from: 8. Rezone Petition Signatures Checked: 9. Mailing List/Lead-in Sheet: 10. Environmental Determination: State Clearinghouse No. Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish&Game: Environmental Impact Report Gen. Rule Ex. —CEQA# Other 11. Staff Report: Project Video: 12. Clearinghouse circulation required: Yes No Date Sent to SCH: 13. Publication Notice Written: Display Ad Prepared: 14. Notices Mailed: Number of Notices: 15. Newspaper Publication Date: . ' O C P G B 16, Planning Commission Hearing(s): Action taken: 17. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 18. Remanded to Planning Commission: 19. Type approval/denial letter, send to applicant: 20. N.O.E./N.O.D. /APPENDIX G: Fish&Game Fees Paid: Yes No 21. Take file to Public Works: DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) 0 L NAME AND ADDRESS OF APPLICANTVAR Z 2 County of Butte 25 County Center Drive t7 CO.CLERK Oroville, CA 95965 DEPUTY FILING NO. Project Title/file number: Public Utility Easement Vacation 262.059, AP 079-200-001 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee O B. De Minimus 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 O 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. (X) PAYMENT: The above fees have been paid. See attached check 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Charles Thistlethwaite Title: Planning Manager Lead Agency: Butte County Department of Development Services Date: March 10, 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. APPENDIX A NOTICE OF EXEMPTION TO: Office of Planning and Research FROM: Butte County Public Works 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: Public Utility Easement (PUE) Vacation, 262.059 Assessor's Parcel No.: 079-200-001 Applicant: Bob & Sharon Woodworth, 5181 Stargate.Lane, Paradise, CA 95969-6267 Project Location-Specific: 2606 Phaeton Dr. Project Location-City: Oroville Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: Vacation of 20' Public Utility Easement Name of Person or Agency Approving Project: Board of Supervisors Exempt Status: (Check One) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) _ Emergency Project (Sec. 15071 (b) and (c)) _ Categorical Exemption. State type and section number: X Statutory Exemption. State type and section number: 15061 (b)(3) Reasons why project is exempt: It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Contact Person: Mike Mays Telephone: (530) 538-7266 Date Received For Filing: Charles Thistlethwaite, Planning Manager Development Services Department i Butte County Department of Development Services �OTTF° PLANNING DIVISION ° 7 County Center Drive o 0 Oroville, CA 95965 ° _. (530) 538.7601 Telephone ° =-�-yv ° (530)538-7785 Facsimile cOU N'�y ADMINISTRATION * BUILDING * PLANNING February 10, 2006 Sharon &Robert Woodworth 5181 Stargate Lane Paradise, CA 95969 Re: Abandonment,ABAN 06-02, AP: 079-200-001 Dear Sharon and Robert Woodworth: At the regular meeting of the Butte County Planning Commission held February 9, 2006, your request to abandon a public utility easement, on property zoned,PUD,(Planned Unit Development), was found in conformity with the Butte County General Plan. 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, lGenedict Commission Clerk Cc: Mike Mays, Public Works L i � t i � v.f � _ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - FEBRUARY 9, 2006 Applicant: Robert Woodworth Location: On the north side of Phaeton Drive, approximately 900 feet west of Coach Drive, 2606 Phaeton Drive, in Oroville. File#: ABAN 06-02 Parcel Size: 0.15 acres Request: Abandonment of a 20-foot Supervisor 1 Public Utility Easement on District: the west side of Lot 1 of Carriage Manor Subdivision (66 M 48). G.P.: Low Density Residential Planner: Carl Durling, Associate Planner Zoning: PUD (Planned Unit Attachments: Development) A: General Plan/Zoning Map Zone Date: February 6, 1987 B: Applicant letter withdrawing request to abandon light and air easement portion of request. APN: 079-200-001 C: Site Plan i EXECUTIVE SUMMARY: The project would allow the abandonment of a PG&E Public Utility Easement encumbering the west 20 feet of Lot 1 of Carriage Manor Subdivision (66 M 48). State law requires that the Planning Commission find that an abandonment such as that proposed will not be in conflict with a General Plan. Staff has analyzed this abandonment request and recommends that the Planning Commission recommend approval to the Board of Supervisors. PROJECT DESCRIPTION: • This easement was created on October 26, 1978, as part of the Carriage Manor Subdivision (Book 66 of Maps,Pages 48-49) for public utility purposes. • The easement is 20 feet wide and approximately 80 feet long and follows the project site's west property line. The applicant is requesting to abandon the 20-foot wide easement along the entire west property line of Lot 1. ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■February 9,2006■Woodworth ABAN 06-02 ■Page 1 of 3 ■ • A letter was received from the Pacific Gas and Electric, as well as all other affected agencies, stating that.they have no objection to the abandonment of the 20-foot. utility easement. ANALYSIS: • According to California Government Code Section 65402, the abandonment of property.. must be in conformance with the General-Plan. • The request is consistent with the Butte County General Plan because it does not conflict with any adopted or proposed element of the General Plan. • Butte County Public Works Department reviewed the proposed changes and had no comment. • Applicant submitted a letter withdrawing the portion of the request that would abandon the light and air easement_along the north property line. (See site plan and letter). ENVIRONMENTAL REVIEW: This project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act under Section 15305 (Minor Alterations in Land Use Limitations). This exemption consists of minor alterations in land use limitations in areas with an average slope of less than 20%,which do not result in any changes in land use or density. ACTIONS FOR CONSIDERATION Staff recommends that the Planning Commission take the following actions: I. Find that this project is exempt from the provisions of the California Environmental Quality Act under Section 15305. The payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. H. Report to the Board of Supervisors on the General Plan consistency of the request by Sharon and Robert Woodworth to abandon the 20-foot public utility easement encumbering .the west 20 feet of Lot 1, of Carriage Manor Subdivision(Book 66 of Maps, Pages 48-49). A. The proposed abandonment does not conflict with any goal or policy of the Butte County General Plan. B. The abandonment of the easement will not have an impact because the easement is not needed for public utility purposes. K;\Planning\PROJECTS\ABAN\WOODWORTH 06-02Wgenda Report Woodworth ABAN 06-02.doc ■ BUTTE COUNTYMIPLANNING COMMISSION AGENDA REPORT■ ■February 24,2005 ■ Starr ABAN 05-01 ■Page 2 of 3 ■ EXHIBIT A Abandonment for Sharon and Robert Woodworth, on APN 079-200-001, File # ABAN 06-02: An application for abandonment of a 20-foot Public Utility Easement on the west.side of Lot I.of Carriage Manor Subdivision(66 M 48). I. CONDITIONS OF APPROVAL: 1. None I . I ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■February 24,2005 ■ Starr ABAN 05-01 ■Page 3 of 3 ■ ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT —FEBRUARY 91, 2006 Applicant: Robert Woodworth Location: On the north side of Phaeton Drive, approximately 900 feet west of Coach Drive, 2606 Phaeton Drive, in Oroville. File#: ABAN 06-02 Parcel Size: 0.15 acres Request: Abandonment of a 20-foot Supervisor 1 Public Utility Easement on District: the west side of Lot 1 of Carriage Manor Subdivision, (66.M 48). G.P.: Low Density Residential Planner: Carl Durling, Associate Planner Zoning: PUD(Planned Unit Attachments: Development) A: General Plan/Zoning Map Zone Date: February 6, 1987 B: Applicant letter withdrawing request to abandon light and air easement portion of request. APN: 079-200-001 C: Site Plan - EXECUTIVE SUMMARY: Svb•ka -�0 1�l{/ f �`�,�� � The project would allow the abandonment of a PG&E Public Utility Easc west 20 feet of Lot 1 of Carriage Manor Subdivision (66 M 48). State Planning Commission find that an abandonment such as that proposed with a General Plan. Staff has analyzed this abandonment request and re ale Planning Commission recommend approval to the Board of Supervisors. PROJECT DESCRIPTION: • This easement was created on October 26, 1978, as part of the Carriage Manor Subdivision (Book 66 of Maps,Pages 48-49)for public utility purposes. • The easement is 20 feet wide and approximately 80 feet long and follows the project site's west property line. The applicant is requesting to abandon the 20-foot wide easement along the entire west property line of Lot 1. ■BUTTE COUNTY PLANNING COMA HSSION AGENDA REPORT■ ■February 9,2006■Woodworth ABAN 06-02 ■Page 1 of 3 ■ • A letter was received from the Pacific Gas and Electric, as well as all other affected agencies, stating that they have no objection to the abandonment of the 20-foot utility easement. ANALYSIS: • According to California Government Code Section 65402; the abandonment of property must be in conformance with the General Plan. • The request is consistent with the Butte County General Plan because it does not conflict with any adopted or proposed element of the General Plan. • Butte County Public Works Department reviewed the proposed changes and had no comment. • Applicant submitted a letter withdrawing the portion of the request that would abandon the light and air easement along the north property line. (See site plan and letter). ENVIRONMENTAL REVIEW: This project has been determined to be .categorically exempt from the requirements of the California Environmental Quality Act under Section 15305 (Minor Alterations in Land Use Limitations). This exemption consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. ACTIONS FOR CONSIDERATION Staff recommends that the Planning Commission take the following actions: 1. Find that this project is exempt from the provisions of the California Environmental Quality Act under Section 15305. The payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. II. Report to the Board of Supervisors on the General Plan consistency of the request by Sharon and Robert Woodworth to abandon the 20-foot public utility easement encumbering the west 20 feet of Lot 1, of Carriage Manor Subdivision(Book 66 of Maps,Pages 48-49). A. The proposed abandonment does not conflict with any goal or policy of the Butte County General Plan. B. The abandonment of the easement will not have an impact because the easement is not needed for public utility purposes. K:\Planning\PROJECTSWBAN\WOODWORTH 06-02\Agenda Report Woodworth ABAN 06-02.doc ■BUTTE COUNTY PLANNING CONIlVIISSION AGENDA REPORT.■ . ■February 24,2005 ■Starr ABAN 05-01 ■Page 2 of 3 ■ ■ EXHIBIT A Abandonment for Sharon and Robert Woodworth, on APN 079-200-001, File # ABAN 06-02: An application for abandonment of a 20-foot Public Utility Easement on the west side of Lot 1 of Carnage Manor Subdivision(66 M 48). I. CONDITIONS OF APPROVAL: 1. None s BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■February 24,2005 M'Starr ABAN 05-01 ■Page 3 of 3 ■ ■ i i I ., ;.:. BUTTE COUNTY JAN 18 2006 JEVj&LOP VIENT 5181 Stargate SERVICES Paradise, CA 95969 872-4348 January 11; 2006 Planning Department 7 County Center Drive Oroville, CA 95965 Attn: Mr. Carl Durling Dear Mr. Durling: Re: 2606 Phaeton Drive, Oroville, CA 95965 APN #036-780-000 Book 66 of.Maps, Page 48/49 Removal of 10' restriction from north side of Lot 1 Section l (D) for light and air At this time, we wish the above be excluded from our application. This is in regard to light and air only. Thank you for your help in this matter. Sincerely, Bob and Sharon Woodworth Owners 10' LIGHT AND AIR EASEMENT TO BE VACATED "yc woN 89'46'39"E 4C '� 80.00 iv Olt I 20' P.U.EI 3:079-200-001 TO BE VACATED . (FORMERLY 036-790-001) I of o 3::I LOT 1 I cI oo LOT 2 o�co CARRIAGE MANOR SUBDIVISION o o (66 M 48) 0 0 o I � I Z — — — — — S 64.94 W o �0 i,i N89'46'39"E EXISTING 5' PUE/ - LIGHT AND AIR EASEMENT PER 68 M 48 TO REMAIN (TYPICAL OF ALL SIDES) Z X W PHAETON WAY cn c, 0 q- LOT 32 LOT 31 0 Q CARRIAGE MANOR SUBDIVISION N FpWTM&vr N00�°OUTTF� DRAWN BY: MM DATE: 104/2005 ABANDONMENT 262.059 EXHIBIT CHECKED BY: S� SCALE: 1" = 20' PUBLIC UTITILITY EASEMENT 71cl o o Ld ��� LIGHT AND AIR EASEMENT i oCp� o APPROVED: ` °�e�le Wow`' DEPUTY DIRECTOR OF PUBLIC WORKS APN O79-ZOO-O01 SHEET 1 OF 1 J Oro Lid r o . 10 ft. Light and Air Easement to be Vacated CUL t'U ae on Or 20 ft. P.U.E. o to be Vacated • U O U rougiam Dr T I I T, I I I MoA 1:—L— A_ 175 87.5 0 175 350 525 700 875 1,050 1,225 1,400 1,575 Feet N BUTTE COUNTY PLANNING COMMISSION WE Applicant: Robert Woodworth Owner: Same Hearin Date: February 9,2006 @ 9:00 a.m. Ezistin Zone:PUD(Planned Unit Development) Supervisorial Request: Abandonment of a 20 foot Public Utilities Easement on the west side of District ri Lot 1 of Carriage Manor Subdivision. Assessor Parcel No: 079-200-001 File: ABAN 06-02 JPJe m � Jnda c /� I m A VICINITY MAP SK G�" z a el ` :' frQ� oo Ve 'UO �0� ` w Orange A away Q�Oro-11e D.- g� Pine aks Rd nP� m m hleY va rm,A.. rn yalt A u ? S Ja / O roale rPva /fig C ts`0� U) a ,OR0VILLE' Fa.&-Aw M �9 L •� �e '' 3m O / �i! G Olive,:H Mar are6r Cu (D GIO a> 5 J / m ' a State Bax Rd C o •''� A� c � p p Cal Oak I d •I �q, \ateM O 0-- P Ave m C St / y Rae � ) Project Location m Si Ln o• I a=te Sr o em t o � ' S m m osta a e s umas ay ZD c Monte Vista Ave %J Georgia Padti Way m Ya rte / wDr ' a 1 '•\ Nissen Ranch Rd / tuart Ct r J ez a j Ina Ct y r r c ( / s / Concow-Maldu Or m p h i r;Rd Alverda Or v1d Wheeler Ave a ' m Q. m (Q sen Ln ' c i• ., ren? Ln Kusel Rd V Iron Ho 1. Plnecrest Rd J `...�"..-,.../ a /o-- Odle Way /• € \..._ 3 ) / '\,. ti el ler PI Dutch DF ) . ABAN 06-02 079-200-001 .a • Butte County Department ofDevelopmentServices o 3TTF0 PLANNING DIVISION 7 County Center Drive o o Oroville, CA 95965 0 - -_,_. , o o (530) 538-7601 Telephone (530)538-7785 Facsimile �UN'� ADMINISTRATION * BUILDING * PLANNING January 24, 2006 . Sharon&Robert Woodworth 5181 Stargate Lane Paradise, CA 95969 Re: ABAN 06-02; AP: 079-200-001 Dear Mr. Woodworth: Enclosed is a copy of the Agenda Report concerning your application for a abandon a public utility easement, and a light and air easement on property zoned PUD (Planned Unit Development) and located north side of Phaeton Drive, approxiamtely 900 feet west of Coach Drive; 2606 Phaeton Drive in Oroville.. 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 February 9, 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 Enc. cc: Environmental Health Land Development BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT-FEBRUARY 9, 2006 Applicant: Robert Woodworth Location: On the north side of Phaeton Drive, approximately 900 feet west of Coach Drive, 2606 Phaeton Drive, in Oroville. File#: ABAN 06-02 Parcel Size: 0.15 acres Request: Abandonment of a 20-foot Supervisor 1 Public Utility Easement on District: the west side of Lot 1 of Carriage Manor Subdivision (66 M 48). G.P.: Low Density Residential Planner: Carl Durling, Associate Planner Zoning: PUD (Planned Unit Attachments: Development) A: General Plan/Zoning Map Zone Date: February 6, 1987 B: Applicant letter withdrawing request to abandon light and air easement portion of request. APN: 079-200-001 C: Site Plan EXECUTIVE SUMMARY: The project would allow the abandonment of a PG&E Public Utility Easement encumbering the west 20 feet of Lot 1 of Carriage Manor.Subdivision (66.M 48). State law requires that the Planning Commission find that an abandonment such as that proposed will not be in conflict with a General Plan. Staff has analyzed this abandonment request and recommends that the Planning Commission recommend approval to the Board of Supervisors. PROJECT DESCRIPTION: • This easement was created on October 26, 1978,as part of the Carriage Manor Subdivision (Book 66 of Maps,Pages'48-49) for public utility purposes. • The easement is 20 feet wide and approximately 80 feet long and follows the project site's west property line. The applicant is requesting to abandon the 20-foot wide easement along the entire west property line of Lot 1. ■BUTTE COUNTY PLANNING CONMISSION AGENDA REPORT■ ■February 9,2006■Woodworth ABAN 06-02 ■Page I of 3 ■ i • A letter was received from the Pacific Gas and Electric, as well as all other affected agencies, stating that they have no objection to the abandonment of the 20-foot utility easement. ANALYSIS: • According to California Government Code Section 65402, the abandonment of property must be in conformance with the General Plan. • The request is consistent with the Butte County General Plan because it does not conflict with any adopted or proposed element of the General Plan. • Butte County Public Works Department reviewed the proposed changes and had no comment. •. Applicant submitted a letter withdrawing the portion of the request that would abandon the light and air easement along the north property line. (See site plan and letter). ENVIRONMENTAL REVIEW: This project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act under Section 15305 (Minor Alterations in Land Use Limitations). This exemption consists of minor alterations in land use limitations in areas with an average slope of less than 20%,which do not result in any changes in land use or density. ACTIONS FOR CONSIDERATION Staff recommends that the Planning Commission take the following actions: I. Find that this project is exempt from the provisions of the California Environmental Quality Act under Section 15305. The payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. II. Report to the Board of Supervisors on the General Plan consistency of the request by Sharon and Robert Woodworth to abandon the 20-foot public utility easement encumbering the west 20 feet of Lot 1, of Carriage Manor Subdivision(Book 66 of Maps, Pages 48-49). A: The proposed abandonment does not conflict with any goal or policy of the Butte County General Plan. B. The abandonment of the easement will not have an impact because the easement is not needed for public utility purposes. K:\Planning\PROJECTS\ABAN\WOODWORTH 06-02Wgenda Report Woodworth ABAN 06-02.doc ■BUTTE COUNTY PLANNING CONIlVIISSION AGENDA REPORT■ ■February 24,2005 ■Starr ABAN 05-01 ■Page 2 of 3 ■ ■ ; .. BUTTE COUNTY JAN 18 2006 DEVELOPMENT 5181 Stargate SERVICES Paradise, CA 95969 872-4348 January 11, 2006 Planning Department 7 County Center Drive Oroville, CA 95965 i Attn: Mr. Carl Durling Dear Mr. Durling: Re: 2606 Phaeton Drive, Oroville, CA 95965 APN#036-780-000 Book 66 of.Maps, Page 48/49 Removal of 10' restriction from north side of Lot 1 Section 1 (D) for light and air At this time, we wish the above be excluded from our application. This is in regard to light and air only. Thank you for your help in this matter. Sincerely, Bob and Sharon Woodworth Owners + IT,fI1j' t.0ft jpl. I Ufli. 1xib Ili fill? 131`Itml. ,[!I2 MEC" tt.G N I`r.l) ,[JE .111OA.< [lG s,it,IfIfIGCI IJ.OW {Im abli IIcupou. jjII? T2 II) ()Gt OOIJ I (1)) [OL EiRpt yllq gIC ',GI)JOt•,:II O[. I(), 1r,?jLICfl0,I1 ji.OIIJ 1101 1) MIC, 01,['car I 1?ooic QQ 01,Vflljz- I,U G 18\16 K";: WR blYN4013 DUAGa 010'411c' C,FI VIM. Y11.• C uu, [�:ff�iIJF I II � �l {)ujf1 . r GIIff i. FAIAG i,;.`If)IJiIJc, [.1',';rT].�1JlSlli pLfly;x, i 9 j'7I.u'T�G 'UIQ•Ohl I 10' LIGHT AND AIR EASEMENT TO BE VACATED �yc wo N89'46'39"E �° 80.00 orif I . 20' P.U.E 079-200-001 TO BE VACATED � (FORMERLY 036-790-001) I 0 0 LOT 1 I ��o LOT 2 0114- CARRAGE MANOR SUBDIVISION 0 o (66 M 48) 0 0 V) � I � z a _ S 64.94 w � � N89'46'39"E EXISTING 5' PUE/ C5 LIGHT AND AIR EASEMENT PER 68 M 48 a TO REMAIN (TYPICAL OF ALL SIDES) Z H X W PHAETON WAY 0 0 LOT 32 LOT 31 CARRIAGE MANOR SUBDIVISION i z N 2 dWlUENT a. DRAWN BY: MM DATE: 11 04/2005 j �Q T TF ABANDONMENT 262.059 EXHIBIT °° °° CHECKED BY: S� SCALE: 1" = 20'° PUBLIC llT1TILfTY EASEMENT rCw ° o LIGHT AND AIR EASEMENT Of oU y° APPROVED: APN 079-200-001 �9�IC WORF`' DEPUTY DIRECTOR OF PUBLIC WORKS SHEET 1 OF 1 c m o m CI Ja;A VICINITY MAP 00 ^', Or° eAve O�g A y �Oruvill Dam gryd nme ae m � rtRh1 e� O O � i�94 ¢ /• Pine aksRd m a e ye v rami.. W � !• _,�(�P j � hleY ye �Z/ O LL qe / Z ThenneWO Ave � ., /•'' � � $ •� o�\P`�H ��� G — ./' Oroalle a OR0VILLE' _ FesNa Aye W i T � ye ti _./'\ 3 0 /• O live:H �'o w > G �• me ar5or s o ` v H ' sere, •..�'•.\ GlenP A LEI J � m en�erre � /•�a � $ 5 jState t3bx Rd c o .'•� .A� c I S �� 5 J HO R Cal Oak F d 0�0\ f Oma, P Ave Q i ve St y ' R a $ Project Location a SS m Sir2Ep Ln em t o r as to a rjj e s umas ay 8 QA O /...� Georgia Pacific way Monte Vista Ave •---. ! m Via orte � masw Dr — a '•� Nissen Ranch Rd / t m m 5 Vi ,Cane a ,_-•.J tuart Ct cpm J• ortez a /: y Ina CI ir c / ( / c Concow-MalduDr � /. r`c Rd phir :Rd A�e�aDr o m �.. 3 j'' /•'.i Wheeler Ave a H OQo Self LnSere nem Ln KUsel Rd •'V / J JQ8` '\ \,J ` Iron Mo Pineaest Rd �............ •.,\ is Odie War / € •�...— ._' ; —/•.•�: m � Nel ler PI �, U s a Dutch Dk mic I /r ABAN 06-02 079-200-001 • Oro BE r _- --- a� 0 10 ft. Light and Air Easement to be Vaca111,AA--7ted r CU L N aeton 20 ft. P.U.E. O to be Vacated I aise Di J L I U O U rou am Dr F-FT I - I T I I F-FT I I Mo 175 87.5 0 175 350 525 700 875 1,050 1,225 1,400 1,575 wdT Feet N BUTTE COUNTY PLANNING COMMISSION WE Applicant: Robert Woodworth Owner: Same Hearin Date: February 9,2006 @ 9:00 a.m. Existing Zone:PUD(Planned Unit Development) S Request: Abandonment of a 20 foot Public Utilities Easement on the west side of Supervisorial Lot 1 of Carriage Manor Subdivision. District#1 Assessor Parcel No: 079-200-001 File: ABAN 06-02 .............. ............ LE --------------- -------- .... ........................... ........ .......... .............. ----- ........... ... ....... rru��Tvl ............... ................ .. .......... .......... ........... ........... .......... 71 }J t r , 4� .+ +. r r. r , r ... .. r. •� � ' Y. �. { Y S h , ..�.. .. �.. .« � ... ... ... .'. _ � _ .. ..� . nom. ... . .w .. ^.r. � ...'Y' BASIS OF BEARINGS CURVE DATA TME USS W 86RRIK3 RGR Tx19 x 19 IDEMTIM M R 3 E JMTM 71—CERT11x RECORD O 11 v"REGORGED I P.C..9E.POWER L/NE I IS 9o•l5od' R3.�' oR[OK 6i4REM aT-M 1s,9GiTE G .TT Ir Y Mf e9•aD'9s R�3', ] 15 eC13'xf D.OY SODTN • � m' 09`o8'SY RSlC R40V/LLE ! ]O' Sbffi]� }118• 11 B 301 67O70G' SI.N' 1 1 15 80•'g00' 4D.91' N 9 n' awwo• w.T3' SCALE 1"20wli Y !d Iwmw IRS•TO' . 10 IS' 81•Il'W 2LW Sd iYl•Ydrr ma,. III 13 I]' 19.38'16, SA! 1. 13, WV13.46 . IS -!'-1 "', , PO P/ R 15 4"4rRGf. 2-9 PB. 1, 13' 4WIe ' R1% LAS PLUMP AV£ IB 16 M3t26 18.08' ¢ 64AYs'ON NWy W 19 IS' TO']f38 I. p xA 15 19"01 a3 l.IB MONTE V/S7 AVE: YI 0°i0'19� 9l.IO' ' scale. /"</00' CARRL4G£MANOR' L.OCA T/ON �. —1.cv.uo,,,.ala xuarm a wau av rare �,."« ��•• m... . T TTE TI . O e t SUBDIVISION NO.J'-l'-l'_ 4 ' fi ® _ CARRIAGE MANOR om W u •! A PLANNED UN/T LIEYEZOPM£NT 7 j m B x r o r ss SI p n Y w �, . w y�. A SUBOIV/SOV a TNF PARCEL SAONOV aN MAT CERTA/N RECORD OF SLWVEY AFCO FEP /N 8" 64,.a-MAPS, AT PAGE 76, nrwco:rt rt*neo:Wss v 5 i - 6OTTE cou4TY O[-F/Cm RFCQ4OS A 41 G1°'' ' [i m g e[ 4 m q ® a o a BI w o n ar •�I o PORT/aN OF TAE NORTN EAST QUARTER kD OF SECT. EB, T.19N, R4E., A1IQM., 6477E COUNTY,CALIFORNIA. 1 .�� �`� � :�••�- .—•� .—�. n oWNfIP a su9dmnER I o a... i n n ••, 9 �� m ... n WAHPFN T,A4 9aSE ' 1p [ e 10 a } S 1 3295 FOOMILL 84M I.vO'rtar n[Y[D ro muxrr ar OROVKLE•CALIF •.1x6��im n« I��it�`I �"GEIO[•rvveTa —T.v—....nlo ��«. . JI ' ..� c0cm, AS9OCJATIES .�p.� maor+vernRle-^mwD1.VTnnxTe D.a eawevnin.cnuFoow.x sera sheet 2• of 2 Sheets ff } A� o�vTTFo 0 0 INTER-DEPARTMENTAL MEMORANDUM0 0 0 PUBLIC WORKS DEPARTMENT 0 0 �oU 1 TO: TIM SNELLINGS, A�et�c we DIRECTOR OF DEVELOPMENT SERVICES FROM: MIKE MAYS, LAND DEVELOPMENT DIVISION, PUBLIC WORKS SUBJECT: PROPOSED ABANDONMENT OF A PUBLIC UTILITY EASEMENT (PUE)AND LIGHT AND AIR EASEMENT OVER AP 079-200-001 (FORMERLY 036-780-001),FILE ABN 262.059 DATE: NOVEMBER 4, 2005 Attached for your staff's review and further action is a copy of a petition for abandonment of a portion of a Public Utility Easement (PUE) and a Light and Air Easement along with plats delineating the subject area. The $2 abandonment-processing fee has been paid. Please have the proposed abandonment submitted to the Planning Commission at the earliest opportunity, to be considered in regard to the findings that the project is categorically exempt from environmental review and the proposed abandonment is in conformance with the Butte County General Plan. Following Planning Commission action our department will further process the abandonment with County Counsel and the Board of Supervisors. Copies of the letters from the utilities are also attached. Please advise us of the schedule of processing by your department and provide us a copy of the Planning Commission minutes documenting the Commission's action. All correspondence should be addressed to Mike Mays, Land Development Division, Butte County Public Works, 7 County Center Drive, Oroville, CA 95965. If additional information is required,please don't hesitate to contact me. Attachments cc: all w/attachments Mike Crump, Director of Public Works (File 262.059) Bob & Sharon Woodworth 5181 Star ate Lane Paradise CA 95969 g , COUNTY NOV 2 2 2005 DEVELOPMENT SERVICES PETITION i -CATION OF PUBLIC SERVICE . ENT N0. 2005-262. ("'S TO THE HONORABLE BOARD OF SUPERVISORS COUNTY OF BUTTE DATE: ` � 2005 Dear Board Members: The undersigned, being more than five freeholders, at least one of whom is a resident of the township, in which the easement proposed to be abandoned is situated,, do hereby petition your Honorable Board.of Supervisors in writing, in accordance with provisions of Section 8321 of the Streets and Highways Code'of the State of California, to VACATE the following-described PUBLIC SERVICE EASEMENT of the COUNTY OF BUTTE: SEE ATTACHED E-IIBITS A, B AND C i w PETITION F OACATION OF PUBLIC SERVICE L,*RENT N0. 2005-262. 659 Signature Address --c- �- Print Name City State�ci�Zip S`7 Date Signature zldt, Address , Print Name ��%,�.�f�G �� x��, City State Zi Date �5� Signature > ; Address Print Name City. (���(�1Jc State�Zipgm Date C� `r Signature, , _ Address_ � ,r7 s CAP Print Name �-� ,���. Lc� ,, City f7�,0 State-&Zip �' Date �—ZVV� .. �� �)�.Address �s Signature G ,� L' S L. j�.�`t/S ('� Print Name� �y/ l l ,J /�'� Cit (l y �l ��' ; ? y YlG=� State. Zip . Date Signature Address Print Name City State Zip Date Signature Address Print Name City State Zip Date r 2 EXHIBIT 'A" All that certain real property situate in the unincorporated area of the County of Butte, State of California described as follows: BEING an easement for light and air lying over the northerly ten (10) feet of Lot 1, as - shown on that certain Map entitled "CARRIAGE MANOR", which map was recorded in the Office of the Recorder of the County of Butte, State of California on October 26, 1978 in Book 66 of Maps, at Pages 48 and 49. D 1_AND Robert G. Agee, Jr. � � A g r No.4010 L.S. 4010 EXP. 6/30/0E Registration Expires 6/30/06 r� I C:Descriptions\8917 Woodworth.D-1 EXHIBIT T . All that.certain real property situate in the unincorporated area of the County of Butte, State of California described as follows: BEING an easement for public utility purposes on, over and under that portion of Lot 1 described as Parcel "D", as shown .on that certain Map entitled "CARRIAGE MANOR", which map was recorded -in the Office of the Recorder of the County of Butte, ' State of California on October 26, 1978 in Book 66 of Maps, at Pages 48'and 49. LAND Robert G. Agee, Jr. . No.40 1 o L.S. 4010 UP. 6/30/06 Registration Expires 6/30/06 J� C:Descriptions\8917Woodworth.D-2 ;A "DRAFT"LEAD IN SHEET FILE NO: B aG - 02 AP O 7c(- Z 0 —po r rt�•r. �• �ao•oo � APPLICAN - - I M G C U d� �o 6 ,s A.✓J yCr'�E OWNER: Wot7iD w tL o f3 E 6 REPRESENTATIVE: PROPOSED REQUEST: (to be filled out by person taking in application) FINAL REQUEST: (to be filled out by project planner) &ig4,A/SODi✓ A 60,E t,.kC- I/ILt�c�i G�Py�rLG�vi �.✓,l1 A At 4 'As,✓T; SIZE: 1 S o cfA5 c LOCATION: NojerN- 192oE e,>F p1+s4=r-vN DAI..tr Aef&,c. Jao SUPERVISORIAL DISTRICT #_� EXISTING ZONING: GENERAL PLAN DESIGNATION: Lbit ASSIGNED PLANNER: �L PLANNER'S INITIALS Date_Application Received NOL,. 2 Date Proiect Assigned g Af�d Or IDR Date BUTTE COUNTY 30 Day Complete NOV 2 2 2005 Tentative Hearing Date DEVELOPMENT s1mv(CES KAP1anning\Fonns\Lead In Sheet.doc �' � - ..,e. p ' ��: ,; .. � . � e. 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Assoc. =Butte Creek Watershed Conservancy _Mosquito Abatement District. K:\Planning\Forms\DISTR.wpd about:blank 5181 Stargate Lane Paradise, CA 95969 October 7, 2005 Mr. Stuart Edell, P.E. i Department of Public Works 7 County Center Drive Oroville, CA 95965 Dear Mr. Edell: Re: Property at 2606 Phaeton Drive, Oroville - APN 036-180-001 Book 66 of Maps, Page 48/49 -Remove 10 foot restriction from north side of Lot 1, Section 1 (D) for light and air -Remove easements for PUE; section 2: (A) (for Parcel D) v""'-Attached: Legal Description for Light and Air, Exhibit A, Legal Description for Parcel D, Exhibit B -Attached: Letters from PG&E, Water, Sewer, Cable and SBC (telephone) agreeing to abandon PUE easements on Parcel "D". V' -Attached: Petition for vacation of PUE easements contain- ing 5 required signatures. ;/ -Attached: Check for application fees in the amount of $2,483.00 made out to Butte County. v`-Attached:- Check for recording fees in the amount of $36.00 made out to Butte County Recorder. The above information was provided as requested by you after our meetingIf you have any further questions, please do not hesitate to call. Thank you in advance for all your assistance in this matter. Sincerely, Obert G. oo w th ob) Sharon ood ort 530-872-4450 530-872-4348 I ED I I I I i I RECEIV. of 1 OCT J 4 10/26/05 2:53 PM COUKFY OF BUT( LAND DVU()p E DSV Comcast® Comcast Cable Communications.Inca 427 Eaton Road Chico.CA 95973 Tuesday, October 07,2003 County of Butte Department of Public Works Land Development Division 7 County Center Drive Oroville,CA 95965 RE: CARRIAGE MANOR(PARCEL D AND 5 FEET OF PARCEL# 1) Ladies and Gentlemen: Comcast Cable has check the plat sent to us and fined we have no objections to the abandonment of right of way so mark for Bob and Sharon Woodworth. . Sincerely, Jim Keeter 427 Eaton Road Chico,CA 95973 530-332-5993 RECE 9VED OCT 3. 1C COUNTY OF SU LAND D J.OPM DS •d acac 7cc ncc �.».. ...... r. . ..... Bruce D.McPhee SBC California Public Works Manager 4434 Mountain Lakes Blvd Network Services C&E Redding, CA 96003 (530)229-2024 Office (530)524-4050 Mobile bm5125@sbc.com www.sbc.com September 19, 2005 Bob and Sharon Woodworth 5181 Stargate Paradise, CA 95969 RE: Abandonment Request for Public Utility Easements 2606 Phaeton Drive, Oroville APN 036-780-001 Parcel D; Book 66, Page 48 Sheet 1, Section2 Parts B and D Dear Mr. and Mrs. Woodworth: It appears that there are no SBC facilities located in the proposed abandonment areas. Therefore, please be advised that SBC has no objection to the proposed abandonment without reservations. If you have any questions, please call me on (530) 229-2024. Sincerely, Bruce McPhee Public Works Manager cc: Bob Jasper, SBC OSP Engineer 0 C T 3 2005 COUNTY OF 8U LAND DEVELOPN;r l [ d Od££i/-vgab 'ON/OG:6 '.LS/Ob o 6 50 ,61 '6 (MOY0 WOHA -s' LAKE i ' 1 PUBLIC AREA UTILITY September 14, 2005 Bob and Sharon Woodworth 5181 Stargate Paradise, CA 95969 Re: Carriage Manor Subdivision#155 Parcel I Dear Bob and Sharon: At the regular September meeting, the Board of Directors' consensus was that they do not object to abandoning Parcel D and an easement on the west end of your Parcel 1, in Carriage Manor Subdivision in Oroville. The LOAPUD Board will take formal action on this when your abandonment application is processed by Butte County. If you have any questions call me. Best regards, k OVILLE AREA PUBLIC UTILITY DISTRICT rown General Manager I 0 C T 3 couND uF BUTT LAND OEVELOPIVIENTUV LAKE OROVILLE AREA PUBLIC UTILITY DISTRICT 1960 Elgin Street•Oroville, CA 95966 (530)533-2000 9 FAX(530)533-1750 SOUTH FEATHER -AT.. a V owe A August 22, 2005 Bob Woodworth 5181 Stargate Paradise, California 95969 Re: APN 036-780-001 Dear Mr. Woodworth: You recently inquired about the possibility of South Feather Water and Power Agency abandoning its .interest in public utility easements on`and adjacent to the west boundary of the referenced parcel in the Carriage Manor Subdivision. The Agency has no facilities and no future need for facilities within those easements and, upon a written request from the owner(s)of the referenced parcel, I would recommend that the Agency's Board of Directors quit claim the Agency's interests therein. A title report or grant deed with a legal description of the lot would need to be included with the letter wherein easement abandonment is requested. Please let me know if you have questions or need additional information. Sincerely, South 4erd Power Agency Michael Manager RECEIVED OCT 3 2005 C oins -V 4F auTr� 'A Public Agency formed pursuant to Water Code§20500 et seq. . . - ail lA .3 _ a115y�if� fsoGgn3�'tiiBW�aD A Ei. 1.087205.doc F", a�cyr�yE},,qT1s� � � � _ v»:x...� �.�tk:���� �a'�3�:^ •�.OTc�£ ����, , :: �e,r9 v� `� �-a ���• vF��� � ek, tib ;��eu LIQ _ rir Pacific Gas and Electric Company® 350 Salem Street Don Chambers Chico,CA 95928 Corporate Real Estate 530/896-4257 Chico Land Rights Office FAX 530/8964254 August 16, 2005 Bob and Sharon Woodworth 5181 Stargate Paradise, CA 95969 RE: Proposed Abandonment, portion of west side of APN: 036-780-001 2606 Phaeton Drive,Oroville Dear Mr. and Mrs. Woodworth: Pacific Gas and Electric Company(PG&E)has been asked to provide comments regarding the proposed subject abandonment. It appears that there are no PG&E facilities within the subject proposed abandonment area. Therefore,please be advised that PG&E has no objection to the proposed abandonment without reservations. Please forward copies of this letter to those that need this information. If you have any questions, please call me at 896-4257. Sincerely, Donald W. Chambers Land Agent (file: Woodworth.doc) 0 ICT 3