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Home My WebLink AboutABAN 96-02_PLANNING ' SEPARATORSHEET qp„ 035 10 00C u 9& - 02oao,E� NUMBERN3n ryy PROJECT SUMMARY SHF FILE NO. ARAN 96-02 PROJECT TYPE: Abandormieint APPLICANT: Rev. Mert .Thomas, 1957 R_ Straat s Grayi I le 95966 � ADDRESS: OWNER: Taylor MemorlalCME Church, 1957 B. Street, oroville,lCA 95966 ADDRESS: REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Abandon a portion of the alley in Block 3, E1 Medio Snhdi�ricinn� unit 1 PROPERTY ZONED: C-2, R-N LOCATED: A portion of the alley nff of u Street,-boWeen Lincoln Blvd. and Myers St., Oroville 035-101-006,007,008 015 AP NO.: 014,017, & 013 Y6WN/AREA: n,,n,;r i GENERAL PLAN DESIGNATION: Commerical, M. 1. Application Complete: 1/17/96 Amount: 262.00 Receipt No.: Received through Public Works 2. Comments sent to: Not sent 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing Ust/Lead-In Sheet: 6. AssignedTo: Sf-r v e_ a e -, 7. Environmental Determination: Categorical Exemption-CEOAB I S36 g-(,4 State Clearinghouse No.: Planririnplr$�6p1$ Negative Declaration Mitigated Negative Declaration • Subject to Fish&GameJAN 2 9 1996r Environmental Impact Report OroviH4,viaeoi jf iie� Gen.Rule Ex.-CEOA 1115061.(b)(3) Other S. Staff Report: Project Video: N n 9. Clearinghouse circulation required:Yes No Date Sent to SCH: 10: Publication Notice Written: Display Ad Prepared: 11. Notices Mailed: Number of Notices: j 12. Newspaper Publication Date: O C P G B R 13. Planning Commission Hearing(s): -e40G- `7/�A �J �(� 4 /1 i Action taken: Special Conditions: Commission Resolutlon'No. 14. Board of Supervisors'Hearing(s): 7 �� CID A Z 6 Action taken: / Board Resolution No.: 6-5—/ Ordinance No.: Adopted: i 15. Type Use Permit/Send for Signature: 16. N.O.EJN.O.DJAPPENDIX G: Fish&Game Fees Paid: Yes No 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use PenniWadance to Planning Technician: l 96-140 Public hearing-Rev. Mert Thomas- abandonment of a portion of the alley in the El Medio Subdivision, Unit 1, property located'behind the Taylor Memorial C.M.E. Church, off of B Street, between Lincoln Blvd. and Myers Street, identified as AP 035-101-006, -007, -008, -0.13,414, -.015 and -017, Oroville - action requested - ADOPT RESOLUTION APPROVING ABANDONMENT AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-26-96)(2211) MOTION: I MOVE TO ADOPT RESOLUTION 96-51 APPROVING ABANDONMENT AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE~ 1 NP 2,Y. ,3 Yi`._4,Y_5 Y (Unanimously,Carried). _ Vel. ,...'t1 s.�: ._�r..) � !♦�ei: -J^.- .L,:f. i 1_� ✓+ __._- '�Lam,S.�c.. BUTTE.COUNTY,»BOARD-OF"=SUPERVISORS MINUTES= Map ''14;,;"1996: it 0 Rev. Mert Thomas-abandonment'ofa of the alley in the El Medio Subdivision, Unit 1, property located behind the Taylor Memorial C.M.E. Church, off of B Street,between Lincoln Blvd. and Myers Street, identified as AP 035-101-0069-00711 -008, -013, -014, -015 and -017, Oroville-action requested-ADOPT RESOLUTION 96-27 SETTING A PUBLIC HEARING FOR TUESDAY,MAY 14, 1996 AT 10:00 A.M. II t ',� -BOARD -UF.,. SUPERVISORS M3NUTES - March 26, 1996 B. Rev. Mert Thomas -Abandonment of a portion of the alley in the EI Medio Subdivision, Unit 1, Oroville. (SB) (ARAN 96-02) Section 1: Environmental Findings. A. The project is categorically exempt from environmental review; and Section 2: General Plan Findings. A. The proposed abandonment is in conformance with the Butte County General Plan; and f Section 3: Action. A. Subject to the findings ;indicated iin'Sections ,,1 :and2.ofthis report, approve the Abandonment for Rev..Mert`TThomas,,for;a-.portion,of. the.,. alley,in Block 3, EI Medio,Subdivision,,Unit-IIor propertyt identified:as APN 035;,101-006, .007,0008, 015,4014, 017,,& 013. Conditions. - - 1. Reserve in the resolution approving the abandonment a public services easement for the property to be abandoned. BUTTE COUNTY PLANNING -COMMISSION- MINUTES - March 28, 1996 Commissioner Lambert was concerned that the requests for Abandonment were signed _by.only one resident of the area. She thought the procedure required more signatures. Mr. Sanders said that only one signature must be that of a resident of the township. It was moved by Commissioner Lynch, seconded by Commissioner Cage, and carried unanimously for approval of the Consent Agenda. B. Rev. Mert Thomas - Abandonment of a portion of the alley in the EI Medio Subdivision, Unit 1, Oroville. (SB) (ARAN 96-02) Section 1: Environmental Findings. A. The project is categorically exempt from environmental review; and Section 2: General Plan Findings. A. The proposed abandonment is in conformance with the Butte County General Plan; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, approve the Abandonment for Rev. Mort Thomas, for a portion of the alley in Block 3, EI Medio Subdivision, Unit 1 for property identified as APN 035-101-006, 007, 008, 015, 014, 017, & 013. Conditions. 1. 'Reserve in the resolution approving the abandonment a public services easement for the property to be abandoned. BUTTE COUNTY PLANNING COMMISSION MINUTES - March 28, 1996 M1_ AGENDA REPORT TO: Honorable Chair and Board of Supervisors FROM: Barry K. Hogan, Planning Manager BY: Stephen Betts, Assistant Planner DATE: April 18, 1996 REQUEST: Abandonment of a portion of the alley in the EI Medio Subdivision, Unit 1, for Rev. Mert Thomas,Taylor Memorial C.M.E.Church Corp:This is a request to abandon a portion of the alley that runs behind the Taylor Memorial C.M.E. Church,which is located off of B St., between Lincoln Blvd. and Myers St., Oroville. This project is located in an area zoned R-N and C-2. This project is located in Supervisorial District 1. RELATED ITEMS: None FOR: Board of Supervisors Meeting of May 14, 1996. SUMMARY: This is a report for the abandonment of a portion of the alley in Block 3, EI Medio Subdivision, Unit 1. Planning Commission has head this application and recommends the Board of Supervisors approve this request. ANALYSIS: The applicant has stated that closing a portion of this alley will increase the safety of the children playing in the church's playground. The playground is adjacent to the alley and is used weekdays by children attending Head Start programs at the church. The applicant intends to use gates to block off access to the alley. The applicant has stated that a key to the gates can be issued to any agency or company requiring access to the alley. The Oroville Area Public Utility District has stated that it has a main sewer line in the alley and will require occasional access to the alley for repairs and maintenance. This abandonment will not affect legal access to any parcel nor is the alley needed for traffic circulation. This public road easement is not needed for any County Public Works projects. The EI Medio Fire Protection District has stated that it has no objections to the abandonment. The abandonment will effect six parcels: APNs 035-101-006, 007, 008, 015, 014, and 013. The applicant submitted a petition in accordance with Section 8321 of the Streets and Highway Code of the State of California. The petition, signed by 12 people, at least two of whom are residents of the road district in which the project is located, requests the abandonment. According to California Government Code Section 65402,the abandonment of property must be in conformance with the General Plan. This request is in conformance with the Butte County General Plan and will not conflict any adopted or proposed element of the General Plan. ENVIRONMENTAL DOCUMENTATION: This project has been determined by the Secretary of Resources to be Categorically Exempt under the California Environmental Quality Act Section 15305(d). RECOMMENDATION: Staff recommends that the Board of Supervisors concur with the Planning Commission and approve the application for Rev. Mort Thomas for a portion of the alley in Block 3, EI Medio Subdivision, Unit 1 for property identified as APN 035-101-006, 007, 008, 015, 014, 017, &013 based upon the following findings. Section 1: Environmental Findings. A. The project is categorically exempt from environmental review; and Section 2: General Plan Findings. A. The proposed abandonment is in conformance with the Butte County General Plan; and Butte County Department of Development Services-Planning Division 1 Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, the Board of Supervisors finds that the Abandonment for Rev. Mort Thomas, for a portion of the alley in Block 3, EI Medio Subdivision, Unit 1 for property identified as APN 035-101-006, 007, 008, 015, 014, 017, & 013, is in conformity with the Butte County General Plan; and, B. Adopt a Resolution approving the abandonment for Rev. Mort Thomas, for a portion of the alley in Block 3, EI Medio Subdivision, Unit 1 for property identified as APN 035-101-006, 007, 008, 015, 014, 017, &013. Conditions. 1. Reserve in the resolution approving the abandonment a public services easement for the property to be abandoned. Attachments: A: Vicinity Map B: Site Plan C: Property Description D: Utility Letters E. Planning Commission minutes F. Planning Commission Agenda Report Reviewed and Approved by: William m"Farrel �ctor of Development Services Butte County Department of Development Services-Planning Division 2 i 1 . 1 Grp ?� ! r ,(v wimmS II ]SZIbZW�B 9t1IQJZIIO s��3 po�sag s?r3 Po'�=d Ma z.aag .CLQ Q S I FI 1.4 �1Q.� L I O �� I��G"10 �3 O0 L0 0 ��00- (Q i - •� � a-� D.5 OT ? �Obd AGENDA ITEM AGENDA REPORT TO: Honorable Chair and Planning Com ion FROM: Barry K. Hogan, Planning Manager BY: Stephen Betts, Assistant Planne DATE: March 13, 1996 REQUEST: Abandonment of a portion of the alley in the EI Medio Subdivision, Unit 1, for Rev. Mert Thomas,Taylor Memorial C.M.E.Church Corp:This is a request to abandon a portion of the alley that runs behind the Taylor Memorial C.M.E. Church,which is located off of B St., between Lincoln Blvd. and Myers St., Oroville. This project is located in an area zoned R-N and C-2. This project is located in Supervisorial District 1. RELATED ITEMS: None FOR: Planning Commission Meeting of March 28, 1996. SUMMARY: This is a report for the abandonment of a portion of the alley in Block 3, EI Medio Subdivision, Unit 1. State law requires that the Planning Commission find that the abandonment will not be in conflict with the General Plan. Staff recommends approval of this request. ANALYSIS: The applicant has stated that closing a portion of this alley will increase the safety of the children playing in the church's playground. The playground is adjacent to the alley and is used weekdays by children attending Head Start programs at the church. The applicant intends to use gates to block off access to the alley. The applicant has stated that a key to the gates can be issued to any agency or company requiring access to the alley. The Oroville Area Public Utility District has stated that they have a main sewer line in the alley and will require occasional access to the alley for repairs and maintenance. This abandonment will not affect legal access to any parcel nor is the alley needed for traffic circulation. This public road easement is not needed for any County Public Works projects. The EI Medio Fire Protection District has stated that they have no objections to the abandonment. The abandonment will effect six parcels: APNs 035-101-006, 007, 008, 015, 014, and 013. The applicant submitted a petition, in accordance with Section 8321 of the Streets and Highway Code of the State of California. The petition, signed by 12 people, at least two of whom are residents of the road district in which the project is located, requests the abandonment. According to California Government Code Section 65402, the abandonment of property must be in conformance with the General Plan. This request is in conformance with the Butte County General Plan and will not conflict any adopted or proposed element of the General Plan. ENVIRONMENTAL DOCUMENTATION: This project has been determined by the Secretary of Resources to be Categorically Exempt under the California Environmental Quality Act Section 15305(d). RECOMMENDATION:Staff recommends that the Commission approve the application for abandonment of a portion of an alley in Block 3, EI Medio Subdivision, Unit 1 in conformity with the Butte County General Plan as follows: Section 1: Environmental Findings. A. The project is categorically exempt from environmental review; and Butte County Department of Development Services-Planning Division 1 AGENDA ITEM Section 2: General Plan Findings. A. The proposed abandonment is in conformance with the Butte County General Plan; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, approve the Abandonment for Rev. MortThomas, for a portion of the alley in Block 3, EI Medio Subdivision, Unit 1 for property identified as APN 035-101-006,007, 008, 015, 014, 017, & 013. Conditions. 1. Reserve in the resolution approving the abandonment a public services easement for the property to be abandoned. Attachments: A: Vicinity Map B: Site Plan C: Property Description kAprojectsOomas.abMthomas.rpt Butte County Department of Development Services-Planning Division 2 I I o i ' aq Project Location GrOODAIR St m CIO m Aban 96-02 AP#035-101-006,007,008,013,014,015 ERROR: invalidrestore ' OFFENDING COMMAND:restore STACK: .1 A St R- CD Pr pos d Ab nd nme t `n Cn B St f C m C O U C J Project ocat on C St R-N City of Orov Ile D St BUTTE COUNTY PLANNING COMMISSION Applicant: Rev. Mert Thomas Owner: Taylor Memorial CME Church Hearing Date; March 28, 1996 @ 9:00 a.m. Existing Zone: C-2, R-N w Request: Abandonment of a portion of the alley in Block 3,El Medio Subdivision,Unit 1. No Scale Assessor Parcel No: 035-101-006, 007, 008, 013, 014,015 File: 96-02 ERROR:invalidrestore OFFENDING COMMAND:restore STACK: 'a Date 06/18/96 -- 'Revelo went Services Department P Time 11:15 am Applicant Billing Worksheet Page 1 ABAN 96-02 * El Medio Subd. , Unit 1 Rounding None Full Precision No Last bill / / Last aging Last charge 06/13/96 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL' 01/15/96 Steve B. / P 0.50 29.50 #7591 Processing 59.00 02/12/96 Craig / P 0.25 14. 75 #7923 Processing 59.00 02/26/96 Steve B. / P 0.25 14. 75 #7992 Processing 59.00 03/11/96 Larry / P 1.00 59.00 #8110 Processing 59.00 03/11/96 Lynn / C 1.50 67.50 #8148 Clerical 45.00 03/25/96 Lynn / C 0.50 22.50 #8248 Clerical 45.00 03/25/96 Diana / C 0.20 6.80 #8271 Clerical 34.00 04/22/96 Paula A. / C 0.50 17.00 #8538 Clerical 34.00 05/06/96 Lynn / C 0. 50 22.50 #8660 Clerical 45.00 05/20/96 Linda / C 0.50 17.00 #8731 Clerical 34.00 06/03/96 Linda / C 0.25 8.50 #8956 Clerical 34.00 it �_-_ Date 06/18/96 'Revelopment Services Deparflent Time 11:15 am Applicant Billing Worksheet Page 2 ABAN 96-02 * :E1 Medio Subd. , Unit 1 (continued) TOTAL BILLABLE TIME CHARGES 5.95 $279.80 TOTAL BILLABLE COSTS $0.00 TOTAL NEW CHARGES $279.80 NEW BALANCE New Current period 279.80 TOTAL NEW BALANCE $279.80 0 APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: Butte County Planning Division 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 D i Oroville, CA 95965 MAY 2 81996 1! Project Title: Abandonment, File # ABAN 96-02 CA A;WW3P",BUTTE CO CL IRK Assessor's Parcel No.: 035-101-006, 007, 008, 013, 014, 015 and 017 Applicant: Rev. Mert Thomas Project Location-Specific: Behind the Taylor Memorial C.M.E. Church, off of B Street, between Lincoln Blvd. and Myers Street Project Location-City: Oroville Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: Abandonment of a portion of the alley in the EI Medio Subdivision, Unit 1 Name of Person or Agency Approving Project: Butte County Board of Supervisors Exempt Status: (Check (One) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) Emergency Project (Sec. 15071 (b) and (c)) _X Categorical Exemption. State type and section number: 15305 (d) Reasons why project is exempt: Abandonment of public utility or road easements and rights of way. Contact Person: William Farrel Telephone: (916) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: I 1z4e. Signature William Farrel Director of Development Services (.�..=" �� ;`�` � , i �-- ,. . �� ( DECLARATION OF FEES MIR,, UI ) ifornia Fish and Game Code Section 11.4 NAME AND ADDRESS OF APPLICANT Reverend Mert Thomas 1957 B. Street FILING NO. Oroville, CA 95966 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION ( X) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee ( ) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. O OTHER (Specify) $25.00 Clerk's Documentary Handling Fee ' PAYMENT/NON-PAYMENT OF FEES: 1. ( X) PAYMENT: The above fees have been paid. See attached receipt(s). 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Title: Lead Agency: Date: TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBNHTTED 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. bD' & RECEIPT TOTAL PUBLIC LAFCO - - ARIANCES PUBLICZONING ENV OT..R APPLICANT RECEIVED FROM NO. RECEIVED WORKS P-R..IT. DOCUMENTS OCU E NYS HEALY 0 RECEIPT 15422 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY 6 �. � � � >d cm cn V. Com. 0 ....... ....... ....... ...... ...... ...... ....... ...... ....... ....... ....... ....... ...... ....... ....... ...... ....... ....... ....... ....... ....... ....... ....... .._... ....... ...... ....... TAYLOR MEMORIAL CME RCHURCH CORP gE291 OROVILLE,CA 95966 ts16-2111220c7 197 ? PAY j TO THE V ORD 2,p, A� DOLLARS F First First Interstate ornia#Bank r of 01 Oro D m B ^IVU\ Interstate �t�x D�Boulevard. �\ Bank Orovllle,CA 95965.0769 FOR(r,3 P SbAJI� 'Otli All) 9�,�l 11'000 29 &V 1: L 2 2000 2 1,8464 3 S 244 7011' 1, 1 �TE RECEIPTTOTAL PUBLIC LAFCO VSE VARIANCES PUBLIC ZONING ENV OTRER APPLICANT RECEIVED FROM NO, RECEIVED WORKS PERMITS DOCUMENTS REALTN I RECEIPT 15422 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY utte coun! Qz' DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965.3397 TELEPHONE: 1916)538-7601 FAX: 1916) 538-7785 May 15, 1996 Reverend Mert Thomas 1957 B. Street Oroville, CA 95966 Re: Abandonment, File 96-02 Dear Reverend Thomas: At the regular meeting of the Butte County Board of Supervisors held May 14, 1996, Resolution No. 96-51 was adopted which abandons a portion of the alley that runs behind the Taylor Me I C.M.E. Church, Oroville, subject to the following condition: 1. Reserve in the resolution approving the abandonment a public services easement for the property to be abandoned. To increase administrative efficiency, the statute delegated the collection of filing fees to the County Clerk and provided the County authority to collect a $25.00 documentary handling fee. The fee for the filing of a Notice of Exemption is the $25.00 documentary handling fee. A check made payable to the County in the amount of $25.00 should be submitted to the County by May 20, 1996. Should you have any questions regarding this matter, please contact this Department between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very truly yours, illi Farrel ctor, Development Services WF:Ir cc: Public Works Environmental Health .......... . .,�.,.. .. .. .. . utte oun 1T L A I\] D M A T U R A 'IN/ E A IJ DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916)538-7785 March 27, 1996 Reverend Mert Thomas 1957 B. Street Oroville, CA 95966 Re: Abandonment, File 96-02 Dear Reverend Thomas: At the regular meeting of the Butte County Board of Supervisors held March 26, 1996, Resolution No. 96-27 was adopted giving notice of intention to abandon a portion of the alley that runs behind the Taylor Memorial C.M.E. Church, Oroville. A public hearing has been set for May 14, 1996, at 10:00 a.m. The meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville. Should you have any questions regarding this matter, please contact this Department. Very truly yours, William Farrel Development Services Director WF:lr .......... tte coun D AN D 3 E A U 'F Y �,,V E A L 7 PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916)538-7785 March 13, 1996 Rev. Mert Thomas 1957 B Street Oroville, CA 95965 Re: Abandonment, File 96-02 Dear Reverend Thomas: Enclosed is a copy of the report concerning your request for the abandonment of a portion of the alley in the El Medio Subdivision, Unit 1 , Oroville. You request will be considered at the regular meeting of the Planning Commission on March 28, 1996. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California and is scheduled to begin at 9:00 a.m. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. In the event that no one will represent the applicant, please contact the Planning office prior to.the scheduled public hearing. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. -and 4:00 p.m., Monday through Thursday. Sincerely, Barry K. Hogan Planning Manager Stephen Betts Assistant Planner SB:Ir Enc. COUNTY OF BUTTE-AGENDA ITEMS TO. BOARD OF SUPERVISORS FROM: Planning Division,Development Services DATE March 13, 19% SUBJFk'P Abandonment.Rev.Melt Thomas,Abandonment of a portion of the alley in the El Medio Subdivision,Unit 1, located behind the Taylor Memorial C MY_ Church,off of B Street, between Lincoln Blvd.and Myers St.,identified as AP 035-101-006,007,008,013,014,015,and 017,Oroville. SUMMARY OF REQUEST-ACTION REQUESTED: Adopt a Resolution setting a public hearing for May 14, 1996. I Additional information attached: -Yes -No Describe None — Previous Board action: Date w --~ Minute Omer Summary of Action: 1358 Funding sources Current year cost Budgeted Yes No Annualized cost If also planned for next year Will proposal required additional personnel? Yes No State No. Permanent Temponuy,_Other_ ' Will proposal require a budget transfer?_Yes No If yes,.readthe fo_llowinp�. . 1.Complete worksheet on back 2.Deadline is one business day prior to normal agenda deadline Administrative Office Approval• 415 Vote required Majority vote required SPECIAL INSTRUCTIONS TO CLERK Contact Person: Barry K. Hogan, Planning Manager Telephone No.: 7601 Ordinance Required Resolution Required Minute Order Required Agreement? Yes No Special distribution directions(copies attached): 1. 3. 2. 4. Return to-department Legal publication and notification requirements: Publication: _ Clerk to Publish and Notice attached _ Department Published and Affidavit attached Publish: —Countywide _ Local (specify) Number of times Days before hearing (Code Section) Notification: _ Clerk to mail Notice and Notice attached _ Department mailed Notice and Affidavid attached Notify: _ Countywide _ Local (specify) Number of time Days before hearing (Code Section) ---------------------------------------------------- ---------------------------------------------------- BUDGET TRANSFER REQUEST/WORKSHEET List each of the affected line items with regard to their current status: (As of ) (date) Expenditures + Line item Budget Encumbrances To Date Balance - — X*p836X Transfer Request: ' AMOUNT LINE ITEM LINE ITEM . Transfer$ (no cents) from to Transfer$ -,i r "y "::r(tio cents) from to Transfer $ (no cents) from to Transfer $ _ (no cents) from ,u to Reason for request: . t4 MEMORANDUM TO: County Counsel FROM: Planning Division, Development Services SUBJECT: Abandonment - Rev. Mert Thomas, A portion of the alley in the EI Medio Subdivision Unit 1 DATE: March 13, 1996 DISCUSSION: Attached is the sample resolutions and the legal description. Please prepare the necessary resolutions for the Board. The Board will be setting a hearing on March 26, 1996. Attachments: cc: Mfilename.mem # Butte County Department of Development Services # Planning Division # OVTtF Inter-Depart ; o emorandum K r TO: STEVEN BETTS, ASSISTANT PLANNce t FROM: RON MCELROY, ASSISTANT DIRECTOR OF PUBLIC WORKS SUBJECT: PROPOSED ABANDONMENT - ALLEY, BLOCK 3 EL MEDIO SUBDIVISION, UNIT 1 (262.7) DATE: MARCH 61 1996 This is in response to your recent request for. Stu to review your Agenda Report to the Planning Commission for the proposed abandonment. Referencing Stu's note on page 2 of your memo, the retention of the easement for L.O.A.P.U.D. will be by reservation in the Resolutions for the abandonment. The revised description that must be used in the resolutions is attached. Please note the easement reservation incorporated in the third paragraph. Our apologies for any inconvenience we have caused in previously overlooking the reservation. Attach. cc: Stu Edell Planning Department MAR 0 61996 r QrnvPIIQ. " I€�ersaia EL MEDIO SUB. UNIT 1 BLOCK 3 ALLEY ABANDONMENT A.P. 35-101 Being a portion of that certain 18 foot wide alley lying within Block 3 of the E1 Medio Sub. Unit 1, recorded in. Book 6 Maps of Record at Page 17 in the County of Butte, State of California, being more particularly described as follows: Beginning at the northeast corner of Lot 8 of said Block 3 of E1 Medio Sub. Unit 1 also being the west line of said alley and the south right of way line of B Street; thence south along the easterly lot line of said Lot 8 and the west line of said alley 108 feet to the southeast corner of said Lot 8; thence west along the south lot line of lots 8 and 7 of said Block 3 and the north line of said alley, 99.5 feet to the southwest corner of said Lot 7; thence south 18 feet to the south line of said 18 foot wide -� alley and the north west corner of Lot 15 of said Block 3; thence along the- south line of said alley and the north lot line of Lots 15 and 14,117 . 5 feet to the northeast corner of said Lot 14; thence north along tie east line of said alley and the west lot line of Lots 11, 10 and 9 of said Block 3 , 126 feet to the northwest corner of said Lot 9 and the south right of way/ of said B street; thence west along said south right of way line 18 feet to the point of beginning. EXCEPTING AND RESERVING any existing easements and/or rights at any time, or from time to time, to maintain, operate, replace, remove, renew and enlarge the existing public utility facilities and facilities incidental thereto, including access to protect the property from all hazards in, upon, and over the highway herewith to be abandoned. The map showing the alley to be abandoned is on file in the Office of Butte County Department of Public Works, 7 County Center Drive, Oroville, CA. l4-3 AGENDA ITEM AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Barry K. Hogan, Planning Manager BY: Stephen Betts,Assistant Planner DATE: February 28, 1996 REQUEST: Abandonment of a portion of the alley in the EI Medio Subdivision, Unit 1, for Rev. Mert Thomas,Taylor Memorial C.M.E.Church Corp:This is a request to abandon a portion of the alley that runs behing the Taylor Memorial C.M.E. Church,which is located off of B St., between Lincoln Blvd.and Myers St., Oroville. This project is located in an area zoned R-N and C-2. This project is located in Supervisorial District 1. RELATED ITEMS: None FOR: Planning Commission Meeting of April 11, 1996. SUMMARY: This is a report for the abandonment of a portion of the alley in Block 3, EI Medio Subdivision, Unit 1. State law requires that the Planning Commission find that the abandonment will not be in conflict with the General Plan. Staff recommends approval of this request. ANALYSIS: The applicant has stated that closing a portion of this alley will increase the safety of the children playing in the church's playground. The playground is adjacent to the alley and is used weekdays by children attending Head Start programs at the church. The applicant intends to use gates to block off access to the alley. The applicant has stated that a key to the gates can be issued to any agency or company requiring access to the alley. The Oroville Area Public Utility District has stated that they have a main sewer line in the alley and will require occasional access to the alley for repairs and maintenance. This abandonment will not affect legal access to any parcel nor is the alley needed for traffic circulation. This public road easement is not needed for any County Public Works projects. The EI Medio Fire Protection District has stated that they have no objections to the abandonment. The abandonment will effect six parcels: APNs 035-100-006, 007, 008, 015,014, and 013. The applicant submitted a petition, in accordance with Section 8321 of the Streets and Highway Code of the State of California. The petition, .signed by 12 people, at least two of whom are residents of the road district in which the project is located, requests the abandonment. According to California Government Code Section 65402,the abandonment of property must be in conformance with the General Plan.This request is in conformance with the Butte County General Plan and will not conflict any adopted or proposed element of the General Plan. ENVIRONMENTAL DOCUMENTATION: This project has been determined by the Secretary of Resources to be Categorically Exempt under the California Environmental Quality Act Section 15305(d). RECOMMENDATION:Staff recommends that the Commission approve the application for abandonment of a portion of an alley in Block 3, EI Medio Subdivision, Unit 1 in conformity with the Butte County General Plan as follows: Section 1: Environmental Findings. A. The project is categorically exempt from environmental review; and Butte County Department of Development Services-Planning Division 1 T ` AGENDA ITEM Section 2: General Plan Findings. A. The proposed abandonment is in conformance with the Butte County General Plan; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, approve the Abandonment for Rev. Mort Thomas, for a portion of the alley in Block 3, EI Medio Subdivision, Unit 1 for property identified as APN 035-101-006, 007, 008, 015, 014, 017, &013. Conditions. 1. Record a document deeding to the Lake Oroville Area Public Utility District a Public Utilities easement for that portion of the alley to be abandoned. Attachments: A: Vicinity Map B: Site Plan 0 k:\projects\thomas.abn\thomas.rpt Butte County Department of Development Services-Planning Division 2 J • Inter-Depart , o emorandum TO: BARRY HOGAN, PLANNING MANAGER CDONt� 1'll y� FROM: RON MCELROY, ASSISTANT DIRECTOR OF PUBLIC WORKS / sueJECT:PROPOSED ABANDONMENT - ALLEY, BLOCK 3, EL MEDIO SUBDIVISION, UNIT 1 (262 .7) DATE: JANUARY 17, 1996 Submitted for your review and further action is a copy of a petition for abandonment of a portion of an alley in Block 3 , E1 Medio Subdivision, Unit 1, along with maps delineating the subject area. The present $262 . 00 abandonment processing fee has been paid. At your early convenience please have the proposed abandonment reviewed by the Planning Commission in regard , to conforming with the General Plan and following that, have it further processed by County Counsel and submitted to the Board for approval. The description to be used is as shown on the petition. There is no easement to be reserved for utilities. Copies of all letters received from utilities are also enclosed. ,Please advise us of the schedule of processing and address all correspondence to Mert Thomas, C.E.O. & Pastor, Christian Methodist Episcopal Church, 1956 B Street, Oroville, CA 95966. If additional information is required, contact me at your convenience. Attach. cc: Mert Thomas Planninq N%partment JAN 17 9996 Orovilie,�;a'Wornla ETITION FOR ABANDONMENT OF PUEO HIGHWAY TO THE HONORABLE BOARD OF SUPERVISORS Date: COUNTY OF BUTTE, CALIFORNIA Dear Board Members: The undersigned, being ten or more freeholders, At least two of whom are residents of the Road District in which some part of the highway affected is situated; and who are taxable therein for highway purposes, 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 ABANDON the following described COUNTY HIGHWAY of the COUNTY OF BUTTE. . EL MEDIO SUB. UNIT 1 BLOCK 3 ALLEY ABANDONMENT A.P. 35-101 CBeing a portion.:of .that certain 18 foot wide alley lying within Block 3 of the El Medio Sub.' Unit� l, recorded in Book 6 Maps of Record at Page 17 in the County of Buttel, .State of California,' being more particularly described as follows: J " Beginning at the northeast corner of Lot 8 of said Block 3 of E1 Medio Sub. Unit l , also being the west line of said alley and the south right of way ' line of B Street; thence south along the easterly lot line of said Lot 8 and the west line of said alley 108 feet to the southeast corner of said Lot 8; thence west along the south lot line of lots 8 and 7 of said Block 3 and the north line of said alley, 99.5 feet to the southwest corner of said Lot 7; thence south 18 feet to the south line of said 18 foot wide alley and the north west corner of Lot 15 of said Block 3 ; thence along the south line of said alley and the north lot line of Lots 15 and 14 ; 117 . 5 feet to the northeast corner of said Lot 14 ; thence north along the east line of said- alley and the west lot line of Lots 11, 10 and 9 of said Block 3 , 126 feet to the. northwest corner of said Lot 9 and the south right of way of said B street; thence west along said south right of way line 18 feet to the point of beginning. 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Oi o7: /.7, ai .f�' i 'gjpAr t y/6..o/ r..oqu.,..0�.a YL////.v.oY/obo/o/oc_,P�P Pt'e/u/ •y i/ : .i _ � �.f � :�, c/o//>•oc 6uvgor•,b amoi•,do4r/ioJ'c/u/ofu,,e opu,P qnp o �”" n O/O49A/ 7a 1 ••'ar s o //[s</!'./•N:JC^✓7Y7 i''/ r'u^N.�/C•1fl/S'iN'�) '-y:Jrd.l/// .0;Y ' iP '„7''Y1�, '/,1/Nt•%✓t/ //✓OCL71 Jam/ ^(//'�,^aDra JowO C:C/r. f/ + y•i 1 I '�.; eq, I� ; EL MEDIO SUB. No. I T. 19 N.R.4 E. M.D.B.&M. 35- 10 60' � 07 ° B ST. l II b o d s ed1 6 doH a rn� -` 88 88, 'i¢ 1 4 1 55.5 /05 60' // /8 58 44 .'44 44 44 44 N I I I ( 60 9 v o /5 O I W 12 3 t 4 5 6 1 7 1 8 Q m /�' /00 I ( f I I /O /6 14 / 12 3 4 5 6 7 Q O O I O (� i /3 7 ---- - i O l7 l8 /6 /5 O m // `D /; 13 m m - � e o 102 & O o I I 1 12 II !6 17 /4 1 12 // IO ,� II m I f I 1 9 m _____ o _Z/ 20 10 /B 17 16 1..s 1 /4 L_ W I 1 ! 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CHURCH CORP. _ 1957 B Street Oroville, CA 95966 - Re: Abandonment of Public Alley Way Pacific Bell File No. 95-33 Dear Mr. Thomas: This letter is in response to your request for comments regarding your proposal to abandoned a portion of the alleyway south of B Street and west of Lincoln Blvd. in Oroville. Pacific Bell does not have any facilities affected by the above abandonment. Therefore, we have no objections to the abandonment and will not require that an easement be reserved in the resolution of abandonment. If you have any questions please call me at(916) 891-2392. Very truly yours, -kms Bohannon Public Works Coordinator Service Operations Engineering & Construction -North 1 L++ December 14, 1995 MERT THOMAS CX.O. PASTER TAYLOR MEMORIAL C.M:E. CHURCH CORP. 1957 B STREET . OROVILLE, CA 95966 Re: Alleyway Between ".B & "C" Street and Myers Street &- Lincoln Blvd. Dear Mr. Thomas: This letter is in response to your proposed blockage of the subject alley way for the purpose of safety to property and person. The Lake Oroville Area Public Utility District presently has a main sewer line located in this alley, and from time to time may need to enter for repairs and maintenace. As long as the District has access for these purposes, we have no problem with the installation of a gate or chain. Should we have to enter in an emergency and church personal were not available to open said structures, it would possibly be necessary to cut a lock or chain. If you have any questions concerning this matter please contact our office. Sincerely, LAKE OROVILLE AREA PUBLIC UTILITY DISTRICT Carol A. Hill, District Manager LAKE OROVILLE AREA PUBLIC UTILITY DISTRICT 1960 Elgin Street•Oroville,CA 95966 916-533-2000 FAX 916-533-1750. JAN-10-1996 16:42 PG&E SER. CNT. OROVILLE • 916 532 4150 P.02i02 Pacific Gas and Electric Company Oroville District Jack E.Taylor 1567 Huntoon Street Manager 1/1.0/96 Oroville,CA 95965 916/533-1121 Mert Thomas _ Taylor Memorial C.M.E Church 1957 B Street - 'Orovill.e, Ca..95966 Re: Alleyway Between"B"& "C" Streets and Meyers St. and Lincoln Blvd. Dear Mr. Thomas, PG&E has no interest in the alleyway referenced above. The proposed blocking.of the alley will not impair or hinder PG&E in any way. - Please call meat 532-4141 if you have any questions. Sincerely, Julie Sigl r - TOTAL P.02 EL MEDIO FIRE PROTECTION DISTRICT 3515 MYERS STREET OROVILLE, CA.-95966 10/9/95 TO WHOM IT MAY CONCERN iT HAS BEEN REQUESTED THAT THE ALLEYWAY AROUND 1957 B ST BE CHAINED OFF BY THE OWNERS TAYLOR MEMORIAL CHURCH. AT THISTIME THE EL MEDIO FIRE DEPT FINDS NO REASON TO NOT GRANT THAT WISH.THE ABANDONMENT OF THE ALLEY IS FINE BY US. NO GREAT HAZARD WILL BE MET THAT BOLT CUTTERS CANNOT TAKE CARE OFJ. CHIEF MICHAEL OHLHAUSEN t Sk i TAY :_. MEMORIAL C.M.E. CHOC„ CORP. j 1957 B Street • Oroville, California 95966 The Rt. Rev. E.L. Brown Me Bev. J. S. Spearman — 'fie Rev �� ' ?:csidin ' Bishop r Johnaar. S P ert Thomas C.E.O.Pastor S.F. D1anr.et P.a. X3313taAt P. S. Ninth Episcopal District 'rhe Northern California Conference �3 12 - 5 = 1995 DEAR SIR.•. :. . THE ATTACHED REQUEST TO COUNTY OF BUTTE P.W. PLANNING DEPARTMENT REQUIRES AN INDICATION FROM YOUR UTILITY COMPANY AS TO YOUR NEED FOR EASEMENT IN THE ALLEY WAY. IN THE CASE OF YOUR HAVING SERVICE IN THE ALLEY WAY — PLEASE STATE THAT SERVICE NEED FOR EASEMENT. IN THE CASE OF YOUR NOT HAVING A SERVICE IN SAID ALLEY WAY — PLEASE STATE THAT NO SERVICE EASEMENT IS NEEDED. SERVICE EASEMENT NEEDED RE: PROPOSED ABANDONMENT — ALLEY, BLOCK 3, ElMedio Subdivision, Unit 1 (262.7) COMPANY AUTHORIZED SIGNATURE NO SERVICE EASEMENT NEEDED: 7 COMPANY 4"dS ture The Taylor Manorial C.M.E. CHURCH GUARANTEES ACCESS TO EASEMENT WHEN COMPANY STATES NEED — BOLT CUTTERS MAY BE USED OR'KEYS TO GATE LACK WILL BE- ISSUED AT THE EXPENSE OF THE CHURCH. THANK YOU FOR ALLOWI TO MAKE NEEDED IMPROVEMENT AND INCREASED SECURITY SAFEGUARDS. Mort •mss — C,E.O-. TA t-.. MEMORIAL C.M.E. Cff*�-.,f CORP. 1957 B Street • OrovWe, Caliform'a75966 The Rt. Rev. E:L. Brown Pr--siding Bishop @ta Rev. J. 8. Spearman _ Th. Rev Leroy Jolvtear. S p Mert Thomas C.E.O.Pastor S.7- 013trict P.I. iIaintant P. S. Ninth Episcopal District Elie Northern Cmlifornia C;ontarenee 32 = 5 1995 bt Jq !--�e DEAR SIR.: THE ATTACHED-REQUEST TO COUNTY OF BUTTE P.W. PLANNING DEPARTMENT REQUIRES AN. INDICATION FROM YOUR UTILITY COMPANY AS TO YOUR NEED FOR RASEMENT -IN THS-ALLEY WAY. IN THE CASE OF YOUR HAVING SERVICE IN THE ALLEY WAY - PLEASE STATE THAT SERVICE NEED FOR EASEMENT. IN THE CASE OF .YOUR NOT HAVING A SERVICE IN SAID ALLEY WAY - PLEASE STATE THAT NO SERVICE EASEMENT IS NEEDED. SERVICE EASEMENT NEEDED RE: PROPOSED ABANDONMENT - ALLEY, BLOCK 3, E1Medio Subdivision, Unit 1 (262,7) I\A C/4 COMPANY AUTHORIZED SIGNATU `'lam NO SERVICE EASEMENT NEEDED: COMPANY AuthorizecT Signature The Taylor Mewrial C.M.E. CHURCH GUARANTEES ACCESS TO EASEMENT WHEN COMPANY STATES NEED - BOLT CUTTERS MAY BE USED OR'KEYS TO GATE LACK WILL BE ISSUED AT THE EXPENSE OF THE CHURCH. THANK YOU FOR ALLOWING US TO MAKE NEEDED IMPROVEMENT AND INCREASED SECURITY SAFEGUARDS. Mort Thomas - C.E.O. TAYLOR MEMORIAL C.M.E. CHURCH CORP. 1957 B Street• Oroville, California 95966 The Rt.Rev.E.L.Brown The Rev.Leroy Johnson Presiding Bishop Mert Thomas C.E.O.Pastor S.F. District P.E. Ninth Episcopal District / Northern Calif.Conf. - - 9-11 -95 Mr. Mike Crump, Director Butte County Department of Public Works 25 County Center Drive Oroville, Cao '95965 . _ Dear Mr Crum We-are hereby requesting the privilege of making. application requesting -7hd. Co. Of Butte .to.ABANDON Amy Public Interest in sections colored in on accompanying EL-M®IO`SUB'."N0. 1 T. 19 1. R. 4 E. M.D Z*8.M. Assors Map No 35-10 - Cotmty of Butte., Calif. Revised:- 7 93. Sub. No. 1 M.D.R. Bk. 6 pg. 1,7* See attached letter. This property would be additionally secured - frequent break- in, theft and vandalism - Many Deputy Hours will be saved. - l - n Ment omas, C. ..0. and Pastor • • • • • WORKING TOGETHER 7TO FIGHT POVERTY 1111kAU h 1 AM I i I UUMMIINI I V apNVIUt:a o SENIOR PROGRAMS a HOUSING&ENERGY 2255 DEL ORO AVENUE ■ OROVILLEXA 95965.33.05 916638-7559 ■ Fax 916 533.7470 ° 0 September 1 , 1995 Reverend M. Thomas Taylor. Memorial Church 1957 B. St. Oroville, CA 95966 Dear Reverend Thomas, This letter is .to inform you of our desire to imiprave the Taylor Memorial Church playground area. As,our partner in providing a comprehensive preschool' .experience for the• - children of. Southside Oroville, we're sure you.1lzagree.that:the-playgrot as it- stands,, poses a .severe safety. hazard. The. bike.path;. which-is a mandatory -part of a. good child development center,.: crossects .both the••footpaths and .the classroom.entry. point, setting up a constant danger.-of collision. With the California liability laws being what they. are,=-we.are reluctant to-expose. either of us ,to a lawsuit by allowing.an unsafe situation to fjo uncorrected.- Therefore, we are proposing that Head Start pay 'for.a set-of •double gates to close off a.portion of the driveway 'that is•adjacent to' the.playground. The. driveway.• will be closed for one hour in the morning 'and one.:hour in the afternoon on school . days only, giving,the children an,unobstructed. place Ah which to ride bikes.. . If you have any questions on this proposal, please. contact Rick Peryam at 538-7719 (ex #106), or Shauna Andoe at 533-7588 Thank you for supporting our endeavors on behalf of children and families. Sincerely, Doyle abtree Mentor Teacher � -- - utte count -_ DEPARTMENT OF PUBLIC WORKS J. MICHAEL CRUMP, Director 7 COUNTY CENTER DRIVE - OROVILLE,CALIFORNIA 95965 TELEPHONE:(916)538-7681 FAX:(916)538-2140 'C•ctober 25, 1995 RONALD D.McELROY Assistant Oirecta Mert Thomas, C.E.O. & Pastor Christian Methodist Episcopal Church 1956 B Street _ Oroville, CA - 95966 Re: Proposed Abandonment - Alley, Block 3, E1 Medio Subdivision, Unit 1 (262.7) Dear Mr. Thomas: Pursuant to your letter of September 14, 1995, enclosed' for.-your further action is a petition for the above-noted proposed abandonment of an -existing alley in Block 3, E1 Medio Subdivision, Unit 1. The petition must be completed as follows: 1. Petition must be dated. 2. In addition to your own, obtain signatures and addresses of adjoining property owners who may have an interest in the alley, along with signatures and addresses of other property owners in the area, providing a total of at least ten. Signatures must be by property owners to-be valid. Either husband or wife may sign, but not both. All utility companies that may have an interest in the alley must also be contacted and requested to provide us with a letter stating their need, if any, to retain an easement for facilities. Upon execution of the petition, please return it, along with filing fees in the amount of $262.00, to our office. The filing fees should be in the form of a check made payable to the Butte County Treasurer. Upon receipt of the executed petition, the abandonment request will be forwarded to the Planning Division for their further processing. If you have additional questions please don't hesitate to call. Very truly yours, Mike Crump Dire for/of Public Works C/• l RDM:ss onald D. M Troy Encl. Assistant rector .. ^' i. _.... __ �: a'�4 Tyr^-•.-- O a,•� tE OMNI a � °o 3AV N33NUS h m Jll s .6- w � C • G w -o o--- _ • o o p �- --o U - . 00 � • 000 : � o P21 � M 001 _U m 0 O z $ �__LO� v2 e r � v ' W 00 �O 00 � a _ � oW Z sr!► ,.go sry► rr► 0Zv u 9r air ar 9r (OWa31dd) W o u � . 1S213.1W �r b b(avoto 33a1S q6— w � O w � ` N � \ " Ra� I/� � V� � ~ ` iO � �zp ^� O � 0 0 ' tFCO O tj O a b • O O e • _ • O .-.Q . - e-w— O ^ --�O O a--- , w O -� • 1 O �� • V O 0 J _ N ,oD IO/ I/ O~ 09 • 10/ O o" • ,0! • O/O .O W 4(US) 0/178 N70ON/7' 133xonai•1 a J FO I W