HomeMy WebLinkAboutDET 05-03_PLANNING 1
SEPARATOR SHEET
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PROJECT SUMMARY SHEET
FILE NO.: DET 05-03
PROJECT TYPE: Legal Lot Determination
APN: 066-360-046
APPLICANT: Joseph LaMar
ADDRESS 14190 Citadel Way, Magalia, CA 95954
PHONE: (530) 873-6459
OWNER: Kenneth and Nina Clow
ADDRESS: 903 Hohener Avenue, Hayward, CA 94541
REPRESENTATIVE:Joseph La Mar
ADDRESS: 14190 Citadel Way, Magalia, CA 95954
PROJECT DESCRIPTION: Legal Lot Determination to allow the issuance of a Certificate of
Compliance for a parcel in the Maglia area.
LOCATED: 5834.Ponderosa Way, northwest of Magalia off of Nimshew Road.
PROPERTY ZONED: AR-2-1/2 (Agricultural-Residential, 2-1/2-acre parcels)
GENERAL PLAN DESIGNATION: AR (Agricultural Residential)
TOWN/AREA: Magalia
1. Application accepted: 03/08/2005 Amount: $ 2403.00 Receipt#: 425598
2. Assigned To: Carl Durling
3. Comments sent to: Development Services Director, Public Works Director, Environmental Health,
Assessor, LAFCo, Agricultural Commissioner, CDF,Building Manager, County Counsel
4. Sent to Inter-Departmental Review Committee (IDR):
5. Status Letter sent to applicant:
6. Date scheduled for IDR: 04/06/2005
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: vironmental Impact Report.:::eGe1
n.,Rule.Ex.—CEQA# 1,5-06166)
Other
11. Clearinghouse circulation required: Yes No Date Sent to SCH:
12. Staff Report: Project Video:
13. Planning Commission Hearing(s):
Action taken:
14. Board of Supervisors' Hearing(s):
Action taken:
Board Resolution No.: Ordinance No: Adopted:
15. Send letter of approval/denial to applicant/representative:
16. Give copy of letter of approval/denial to Environmental Health,Building, and Land Development
17. N.O.E. /N.O.D. /APPENDIX G: Fish&Game Fees Paid: Yes No
DEPARTMENT OF DEVELOPMENT SERVICES
BUTTE COUNTY UNIFORM APPLICATION
APPLICANT: Agent information to be provided is on page 2
APPLICANT'S NAM_l<: (If application is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER:
ADDRESS: STREET,CITY,STATE,&ZIP CODE 9 9�'y FILE NUMBE : (FOR OFFICE USE)
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NAME OF PROPOSED PROJECT(if any)
LOCATION OF PROJECT(major cross streets and address,if any)
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❑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
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FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size
parcels.) L T j6- BUTTE
of arcels. ZG torCOUNTY
MAR 015 7009
BEVELOPMENT
SERVICES
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1 CERTIFY THAT 1 AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY.
FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND
ACCURATE. (If an agent is to be authorized,execute an'affidavit of authorization and i clu the affidavit with this application.)
DATE: /�" a-00—O SIGNATURE:
[=SWNIFORM APPLICATION
Page 1 of 2
Amok ld�
1W 1W
AGENT AUTHORIZATION
TO: Butte County, Department of Development Services:
JOS K-44t /-,4 Jt142 Phone Number Sao 87-F - .6 4(S 9
Print Name
/,4/ 90 C1T/906. CCIA-y r`'IF{(5,4<<,4 95-95f-
Mailing Address
is hereby authorized to process the application for /�(LJ,v��Ti� /(/,,,ice Ctoz✓
on my property, identified as Butte County Assessor Parcel Number:
APN# 0,6C - 360
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 int4tst BUTTE
COUNTY
Owner(s) of Record: (sign and print name) qok (Atjr6op" MAR 04 2005
lr.19P DEVELOPMENT
SERVICES
Print Name Print Name
Signature Signature
Architect and/or Engineer:
Phone Number -
Print Name of Architect/Engineer
Mailing Address
FOR OFFICE USE ONLY
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.
PW/LD 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 fee for this application is as of
Make check payable to "Butte County Treasurer".
KAF'ORMSWNIFORM APPLICATION
Page 2 of 2
s �r
Amok
AGENT AUTHORIZATION
TO: Butte County, Department of Development Services:
Phone Number U -
Print Name
Mailing Address
is hereby authorized to process the application for
on my property, identified as Butte County Assessor Parcel Number:
APN# - -
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)
Print Name Print Name
Signature Signature
Architect and/or Engineer:
Phone Number(� -
Print Name of Architect/Engineer
Mailing Address
FOR OFFICE USE ONLY
Verify:
Date Received: f m 2, �a Total Amount Received: ��3
AT Number(s) Legal Description
Owners Authorization Zoning Requirements
Project Description Copies of plot plan
Taken by: af 0 dG A4 Receipt No.
PW/LD Plano �� c3 E.H.1 q l CDF N NOD/NOE Fees �7
i
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 �U,V as of MIm • b
Make check payable to "Butte County Treasurer".
K:IFORMS\UNIFORM APPLICATION
Page 2 of 2
r
1
o c• � • .. BUTTE
COUNTY
LEGAL LOT DETERMINATION
MAR 04 2005
APPLICATION PACKET CHECKLIST DEVELOPMENT
SERVICES
Prior to submitting a Legal Lot Determination application, it is requested that the applicant discuss the
application requirements, County procedures, zoning provisions and possible conditions of approval with the
Development Services, Public Works and Environmental Health staff. Please note that acceptance of your
application is not an indication of approval.
A. SPECIFIC INFORMATION
The following specific information and material shall accompany a Uniform Application at the time of
submittal. Applications will not be considered complete nor will they be acted upon .until all submittal
requirements have been met. All items, maps and exhibits submitted in support of this application shall become
the property of Butte County.
The following items are required to be submitted at the time of application:
Applicant Planner
1. F ] A completed, signed, Uniform Application. 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. Payment of the currently required Application Fee.
3. � An application for a Legal Lot Determination must be accompanied by
verification of ownership and/or evidence of how the parcel in question was
created. This evidence may be obtained from a Title Company, engineer, or
land surveyor, et al.
4. ® A plot plan or map giving approximate locations of existing improvements
on the property.
5. '�, ❑ Supplemental application information required. ❑ YES ❑ NO
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
P P h'
Department, or Agricultural Commissioner.
Signature: Date: 2
plic presentative
4`
Signature: Date: �QS
Planner
IF INSUFFICIENT INFORMATION IS SUBMITTED,THE APPLICATION WILL BE DEEMED INCOMPLETE.
■ Butte County Department of Development Services—Planning Division ■
\r
LEGAL LOT DETERMINATION
APPLICATION PACKET CHECKLIST
B. HEARING REQUIREMENTS
A Legal Lot Determination is placed on the agenda of the Planning Commission for approval. Notice
of the time, date, and place of said hearing is posted in a public place at least 72 hours prior to hearing.
THE PLANNING COMMISSION DECISION IS FINAL UNLESS APPEALED TO THE
BOARD OF SUPERVISORS WITHIN 15 CALENDAR DAYS.
SUPPLEMENTAL APPLICATION INFORMATION
(If the parcel was created by gift deed to the applicant or present owner)
The undersigned hereby states and declares that the herein described parcel was created: (Check one)
❑ 1. by gift deed.
❑ 2. as a remainder of a gift deed.
This parcel is the result of a bona fide gift and was not created for the purpose of sale, lease or
financing, whether immediate or future, as specified in the California Subdivision Map Act,
(Government Code Section 66424). At the time of conveyance of the gift deed, the herein described
parcel was not involved in any pending escrow and was not concurrently advertised, offered or listed
for sale by the owner or by any Real Estate corporation, broker or salesperson.
I have read the above statement. I declare under penalty of perjury under the laws of the State of
California that the above statement is true and correct.
Date Signature of Owner
Print or type name
6/2004RT
KAP Ian n ingTORM S\APPLICATION S\D EMET.Checkl ist.doc
■ Butte County Department of Development Services—Planning Division ■
�e
This item was taken out'of order. '
Joseph LaMar,(Item determined to be a General Rule exemption from CEQA),Legal Lot
Determination/Conditional Certificate of Compliance on property zoned AR-2.5
(Agricultural Residential — 2.5 acre parcels). The property is located-at 5834 Ponderosa
Way, off of Nimshew Road, northwest of Magalia. APN 66-360-046 (CD) (DET 05-03)
Mr. Durling gave a brief summary of the project.
The hearing was opened to the public.
No one was present to speak on this item.
The hearing was closed and comments confined to the Commission and staff.
Commissioner Lambert said she had a problem following the ownership of the property and asked
who the applicant was.
Mr. Durling said the applican0owner should be Kenneth and Nina Clow. He said Mr. Clow is Mr.
LaMar's.son-in-law.
Ms. Christopher said the file needs to be brought forward under the owner's name. She instructed
staff to change the name on the file.
It was moved by Commissioner Leland, seconded by Commissioner Lambert, and unanimously
carried to approve the Legal Lot Determination/Conditional Certificate of Compliance for Joseph
LaMar, changing the Name to Clow, subject to the findings and conditions listed below:
I. Approve the Legal Lot Determination and Conditional Certificate of Compliance for Joseph
LaMar on APN 066-360-046, File No. DET 05-03, subject to the following findings:
A. This project is exempt from environmental review under the General Rule exemption
Section 15061(b)(3). This section states that CEQA applies only to projects which
have the potential for causing a significant effect on the environment. Because the
project is exempt from the provisions of CEQA,the payment of fees pursuant to Fish
and Game Code Section 711.4 and 14 CCR 753.5 is not required.
C. PROPOSED Parcel was consistent with the A-2 zone(Agricultural 2-acre minimum)
designation at the time the parcel was created because the parcel size of 3.0 acres
exceeded the required acreage size.
D. PROPOSED Parcel is consistent with the AR-2.5 (Agricultural Residential 2.5 acre
minimum) designation of the current zoning ordinance because it exceeds the
minimum parcel size of 2.5 acres.
E. PROPOSED Parcel was consistent with the 1971 General Plan designation of Low
Density Residential because the size of the parcel was within the 1-acre to 4-acre
■ BUTTE COUNTY PLANNING COMMISSION■MINUTES ■JULY-14, 2005 ■ PAGE 38 ■
4 ,
range of the General Plan.
F. PROPOSED Parcel complies with the current General Plan designation of AR
(Agricultural Residential)minimum lot size range of 1-acre to 40-acres. However,
the AR-2.5 acre zone is a conditionally consistent zone. The Planning Commission
finds that the 3-acre parcel is conditionally consistent with the AR designation of the
General Plan based on meeting the following standards:
1. Compatible with neighboring agricultural activities.
The Agricultural Commissioner determined that there are no adjacent agricultural
operations and there are no adverse agricultural issues.
2. Evidence of adequate water and sewage disposal capacity.
The Butte County Environmental Health Division determined that the soils on the
project site,are generally suitable for on-site sewage disposal systems.
3. Availability of adequate fire protection facilities.
The Butte County Fire Department (CDF) determined that the project conforms to
Department requirements, and has included conditions for fire safety.
4. Adequately maintained approved road access with sufficient capacity to
service area.
Two existing roads—Nimshew Road, a public road, and Ponderosa Way, a private
road to the subject property, will provide access for the proposed parcels in
conformance with the standards of Butte County.
5. Reasonable accessibility to commercial services and schools.
The project parcels are within 3 miles of commercial shopping and schools in
Magalia and Paradise.
EXHIBIT A
Legal Lot Determination/Conditional Certificate of Compliance on APN 066-360-046,DET 05-03
I. APPROVAL:
2. Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The
current fee is $7.00 for the first sheet plus $3.00 for each additional sheet. The estimated
current cost for recording this Certificate is $13.00 with conditions. This cost estimate is
based on 1 page notification(first sheet), 1 page of legal description attached as Exhibit"A",
and 1 page of conditions attached as Exhibit `B".
2. All new structures must meet Fire Safe Regulations of the Butte County Code and Public
Resources Code 4290 and 4291.
■BUTTE COUNTY PLANNING COMMISSION■ MINUTES ■JULY 14, 2005 ■.PAGE 39 ■
3. Provide two-way traversable access to the parcel from a publicly maintained road or state
highway as defined in the County Code.
County Counsel
4. If this entire matter or any finding,action or condition of this matter is appealed to the Board
of Supervisors,the applicant or any other developer/operator other than the applicant agrees
to defend, indemnify and hold the County of Butte harmless from liability or loss related to,
the approval of this project and agrees to sign an indemnification agreement in a form
approved by County-Counsel before the Board's appeal hearing. If the application is not
appealed, this condition is deemed satisfied.
There is a 15-day appeal period on all decisions with the Clerk of the Board
■BUTTE COUNTY PLANNING COMMISSION ■MINUTES ■JULY 14, 2005 ■ PAGE 40 ■
!FILE COPY
DECLARATION OF FEES DUE
(California Fish and Game Code Section 711.4) n
NAME AND ADDRESS OF APPLICANT rp
Joseph LaMar AUG — 2 2005
14190 Citadel Way
Magalia, CA 95954
CANDACLJ. EL60000.CLERK
DEPUTY
FILING NO.
Project Title/File Number: Legal Lot Determination,DET 05-03
APN: 066-360-046
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. (X) PAYMENT: The above fees have been paid.
See attached receipt(s)#425598
2. ( ) NON-PAYMENT: The above fees are required.Not paid.
Chief Planning Official
By: Joe Hunter
Title: Special Assistant to Chief
Administrative Officer
Lead Agency: Butte County Department of
Development Services
Date: July 22, 2005
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.
G ..i• .�11f. ' (M
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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
Oroville, CA 95965
Project Title: Legal Lot Determination, DET 05-03
Assessor's Parcel No.: 066-360-046
Applicant: Joseph LaMar, 14190 Citadel Way, Magalia, CA 95954
Project Location-Specific: 5834 Ponderosa Way, northwest of Magalia off of Nimshew Road
Project Location-City: Magalia Project Location-County: Butte
Description of Nature, Purpose and Beneficiaries of Project: Legal Lot Determination to allow the
issuance of a Certificate of Compliance for a parcel in the Magalia area
Name of Person or Agency Approving Project: Butte County Planning Commission or Butte County
Board of Supervisors
One Check Status:
Exempt p ( )
Ministerial (Sec. 15073)
Declared Emergency[Sec. 15071(a)]
Emergency Project [Sec. 15071 (b)and (c)]
X General Rule Exemption. State type and section number: 15061 (b)(3)
Statutorily Exempt— 15274(a)
Reasons why project is exempt: The activity is covered by the general rule that CEQA applies only to
projects, which have the potential for causing a significant effect on the environment. Where it can be
seen with certainty that there is no possibility that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA.
Contact Person: Carl Durling Telephone: (530) 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:
Signature, 4he Hunter
Special AsiVistant to Chief Administrative Officer
cok- a y OF BLrrTE
AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT
ORO,ILLE, CA
:QTR NO 82751
RECEWED FROM PLANNING
BAG#316 DATE 31912006
FOND FUND DEPT ACCT CASH
DESCRIPTION TI TLE CODE CODE CODE CODE AMOUNT
DEPOSIT DATE: 339
RECEIPTS: 425.5N-42-5M
PLANNING APPL FEES GENL 0M. "VWi 4210,9XI 1,513.00
Project Number Amount of Fee
APN:0156-380-CA&KENNETH CLOIP;�aETQM3 $1,213.00
APR073-i3lL031-PONALD MORRIS-ADM 05-25 $300.00
LAND DEVELOPWIEW GEHL W10 A4WW 1691700 i0ic-01 9.21-00
Project Number Amount of Fee _
APN:008-30(-046-KENNETH CLOWDE!•05-03 $821
ENVIRONMENTAL HLT H GENL 0010 54 • 46149-01 i0lool 473.00
_Project Number .Amount of Fee
?+FN:066-380-04-8-KENNETH CLOWDET 05-03 $479.00
FIRE PLNG APP L FEE FIRE PROTECT 01W 4617240 i811C;oi 54.00
Project Number _ Amouni of Fee
APN:Q85-3+0-048-KENNEf'ri CLOW-DE r 015-03 $54.00
NODFNOE CLERK'S FILING FE GEM: 0010 470001 4512319 i0ic0i 3Fa.00 ,
( ) Project Number Amhurst of Fee
APN:O68-380-Q48-KENNE H CLOWDET 05-03 $38.00
AU?.lT i+r33€ NNE DEPOSITS PLAN—PERF TR 1001 260 10111396 2,10.00
Projea.t Number _ Amount of Fee ,
APNA73_13H31-,rr041ALD MORRI—B-AL :-1 0-25 X2,0"11.00
DOCUIMENT;COPY SALES GENL 49 4440C9)1 4711910 `oi0jo$ 16.00
TOTAL 719.00
APPROVED BY: RECEIVED BY:
AUDITOR-CO3 OLLER TREASURER
EASURER
wdhite treasurer ulnk=auditor canani---aleposiaor avidan rid=fiSe
� � .�r• .�; [`'rte ..>.
Butte County Department ofDevelopment.Services °AUT TF°
PLANNING DIVISION
7 County Center Drive o /� °
Oroville, CA 95965 ° _mss= , °
s�_
(530) 538-7601 Telephone ° - y°
(530) 538-7785 Facsimile DUN'S
ADMINISTRATION * BUILDING * GIS * PLANNING
7/15/2005
Joseph LaMar
14190 Citadel Way
Magalia, CA 95954
Re: Legal Lot Determination, DET 05-03, AP: 066-360-046
Dear Mr. LaMar:
At the regular meeting of the But County Planning Commission held July 14, 2005, your request
for a Legal Lot Determination to allow the issuance of a Certificate of Compliance for a parcel in the
Maglia area, on property zoned, AR-2-1/2, (Agricultural-Residential, 2-1/2-acre parcels), was
approved subject to the conditions listed on the enclosures. The property is located 5834 Ponderosa
Way, northwest of Magalia off of Nimshew Road.
There is a fifteen-day appeal period before this certificate can be recorded unless you sign and return
the enclosed waiver waiving your right to appeal the Commission's decision If the condition is
cleared prior to the end of the appeal period, a "clean" certificate with no conditions will be
recorded. Should you desire to appeal any of the conditions imposed by the Planning Commission,
you must do so in writing prior to 5:00 p.m., Friday,.July 29, 2005 to the Clerk of the Board of
Supervisors. The appeal fee of$50.00 must be paid at that 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,
of
Lynn Richardson
Commission Clerk
Uletters\merge letters\APPRCATUP.dot
EXHIBIT A
Legal Lot Determination/Conditional Certificate of Compliance on APN 066-360-046,DET 05-03
I. APPROVAL:
1. Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The
current fee is $7.00 for the first sheet plus $3.00 for each additional sheet. The estimated
current cost for recording this Certificate is $13.00 with conditions. This cost estimate is
based on 1 page notification(first sheet), 1 page of legal description attached as Exhibit"A",
and 1 page of conditions attached as Exhibit"B".
2. All new structures must meet Fire Safe Regulations of the Butte County Code and Public
Resources Code 4290 and 4291.
3. Provide two-way traversable access to the parcel from a publicly maintained road or state
highway as defined in the County Code.
County Counsel
4. If this entire matter or any finding,action or condition of this matter is appealed to the Board
of Supervisors,the applicant or any other developer/operator other than the applicant agrees
to defend, indemnify and hold the County of Butte harmless from liability or loss related to
the approval of this project and agrees to sign an indemnification-agreement in a form
approved by County Counsel before the Board's appeal hearing. If the application is not
appealed, this condition is deemed satisfied.
E BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ July 14,2005 0 Joseph LaMar DET 05-03 0 Page 1 of 9 0
r
i
COUNTY OF BUTTE
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
7 County Center Drive
Oroville, CA 95965
530-538-7601
TO WHOM IT MAY CONCERN:
I have been informed of my right to appeal the decision by the Planning Commission to the Butte
County Board of Supervisors, concerning the issuance of a Certificate of Compliance. I hereby
waive .my right to appeal the Certificate of Compliance for AP 066-360-046, DET 05-03
APPLICANT/OWNER DATE
I
i
I
Butte County Department ofDevelopment Services %)T
T
PLANNING DIVISION o� F0
7 County Center Drive o0
0 0
Oroville, CA 95965 0 o
(530)538-7601 Telephone o ' '
(530)538-7785 Facsimile cOUN'�y
ADMINISTRATION * BUILDING * GIS * PLANNING
June 23, 2005
Joseph LaMar
.14190 Citadel Way
Magalia, CA 95954
Re: DET 05-03, AP: 066-360-046 .
Dear Mr. LaMar:
Enclosed is a copy of the Agenda Report concerning your application for a Legal Lot Determination to allow
the issuance of a Conditional Certificate of Compliance for a parcel in the Maglia area on property zoned AR-
2-1/2(Agricultural-Residential,2-1/2-acre parcels)and located 5834 Ponderosa Way,northwest of Magalia off
of Nimshew Road. 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 July 14, 2005, 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_a_t 538-7150,
between 8:00 a.m. and 4:00 p.m.,Monday through Friday.
Sincerely,
Lynn Richardson
Planning/Administrative
Support Services Assistant
Enc.
cc: Joseph La Mar
Environmental Health
Land Development
K:\letters\merge letters\SCHEDULE.dot
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT -July 14, 2005
Applicant: Joseph LaMar Location: 5834 Ponderosa Way,
northwest of Magalia off of
Nimshew Road
File#: DET 05-03 Supervisor 5
District:
Request: Legal Lot Project Carl L. Durling
Determination/Conditional Planner: Associate Planner
Certificate of Compliance
G.P.: Agricultural Residential Attachments: A: General Plan/Zoning Map
Zoning: AR 2.5 B: Assessors Map
C: Vicinity Map
APN: 066-360-046 D: Grant Deeds
(+/-) February 28, 1972 24395
Parcel 3.0 acres
Size: February 28, 1972, 24398
Zone Date: April 14, 1998 May 25, 1977, 38015
June 15, 2000-0022048
E: Site Plan
STAFF COMMENTS:
The subject parcel was crated by deed on February 28, 1972 contrary to the Subdivision Map Act.
The parcel located on the south side of Ponderosa Way, a private road. The parcel is vacant except
for a 544 square foot storage building. The parcel is conditionally consistent with the AR
(Agricultural Residential) land use designation of the General Plan Land Use Map, and consistent
with the AR 2.5 (Agricultural Residential 2.5 acre minimum zone. Staff recommends approval of
( gn ) pp
this request for a Legal Lot Determination/Conditional Certificate of Compliance for one parcel with
findings.
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
0 July 14,2005 0 Joseph LaMar DET 05-03 0 Page 1 of 9 0
ANALYSIS:
• Between February 28, 1972,and June 15,2000,a series of conveyances involving the subject
lot, filed in the office of the County Recorder, occurred as follows: -
• Roy Lee conveyed the subject parcel to Donald Lee by deed recorded on February 28,
1972, being a portion of Section 27, Township 23 North, Range 3 East, MDB&M at
reference 24395;
• Then Donald Lee conveyed the subject parcel to Sandra Lyn Dungan by deed recorded on
May 25, 1977, at reference 38015;
• Then Ruth Behr, Surviving Joint Tenant of Sandra Lyn Dungan, conveyed the subject -
parcel to Kenneth J. Clow, the current owner, by deed recorded on June 15, 2000 at
reference 2000-0022048.
• In addition to the above deed recordings, several property owners in the area recorded a 60-
foot wide"Grant Of Easement And Agreement For Road Maintenance"in March, 1977, at
reference 27597, for Ponderosa Way extending 1,925 feet from the intersection with
Nimshew Road. The date of this private road recording came after the original deed
recording of 1972 that created the subject parcel, but during the time when subdivision
regulations required road access. This lapse in time is the reason a Legal Lot Determination
is required.
• The Zoning history is as follows:
• Ordinance 475 adopted August 31, 1953,the Enabling Ordinance, established land use
zones for Butte County. This Ordinance zoned the property A-1 with no minimum lot
size.
• Ordinance 522 adopted August 29, 1955, zoned the property A-2 with standards listed
under Enabling Ordinance 475. No minimum lot size given.
• Ordinance 1473 adopted March 19, 1974, zoned the property AR-MH-3 (Agricultural-
Residential Mobile Home 3 Acre Minimum). "
• Ordinance 3418 adopted April 14, 1998, zoned the property AR (Agricultural
Residential)the current zoning.
• The General Plan history is as follows:
• The 1971 General Land Use Map designated the area Low Density Residential at 1 to 4
units per acre.
• The current October 29, 1979 General Land Use Plan Map designates the area
Agricultural Residential.
• Determination of consistency with Zoning and General Plan is based on a comparison
between the date on in which parcel was established, and the General Plan and zoning
regulations existing on that date. The following is provided:
■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
0 July 14,2005 0 Joseph LaMar DET 05-03 0 Page 2 of 9 0
• The General Plan designation on June 15,2000,the date the property was deeded to the
current owner,was AR(Agricultural Residential),minimum parcel size of 1 acre to 40
acres. The parcel comes within the conditionally consistent requirements of the General
Plan.
• The General Plan designation on February 28, 1972, the date the property was first
created by deed,was Low Density Residential at 1 to 4 units per acre. The property was
consistent with the General Plan at that time.
• The size of the parcel (3.0 acres) is consistent with the current zoning of AR 2.5 zone
having a minimum parcel size greater than 2.5 acres.
• The size of the parcel (3.0 acres) was consistent with the zoning of A-2 (Agricultural,
minimum lot size of 8,250 square feet) adopted on August 29, 1955 and remaining this
zone until April 14, 1998.
• Access to the property is provided by Ponderosa Way off of Nimshew Road. Ponderosa Way
is maintained as a private road from Nimshew Road past the subject parcel to a point jM~-
approximately 1,925 feet east of Nimshew Road. The parcel is vacant except for a 544
square foot storage shed.
• The California Department of Forestry/Butte County Fire Department recommends that the
following informational note be placed on the Certificate of compliance"All new structures
must meet Fire Safe Regulations of the Butte County Code and Public Resources Code 4290
and 4291."
• Environmental Health Department reviewed the proposal and determined that the parcel can
be served by septic and well for sewer and water.
CEQA ISSUES:
This project has been determined to be exempt from the California Environmental Quality Act
(CEQA)provisions under the General Rule exemption Section 15061(b)(3).
ACTIONS FOR CONSIDERATION:
Staff recommends that the Planning Commission take the following action:
I. Approve the Legal Lot Determination and Conditional Certificate of Compliance for Joseph
LaMar on APN 066-360-046, File No. DET 05-03, subject to the following findings:
A. This project is exempt from environmental review under the General Rule exemption
Section 15061(b)(3). This section states that CEQA applies only to projects which
have the potential for causing a significant effect on the environment. Because the
project is exempt from the provisions of CEQA,the payment of fees pursuant to Fish
and Game Code Section 711.4 and 14 CCR 753.5 is not required.
B. PROPOSED Parcel was consistent with the A-2 zone(Agricultural 2-acre minimum)
designation at the time the parcel was created because the parcel size of 3.0 acres
■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
0 July 14,2005 0 Joseph LaMar DET 05-03 ■Page 3 of 9 0
exceeded the required acreage size.
C. PROPOSED Parcel is consistent with the AR-2.5 (Agricultural Residential 2.5 acre
minimum) designation of the current zoning ordinance because it exceeds the
minimum parcel size of 2.5 acres.
D. PROPOSED Parcel was consistent with the 1971 General Plan designation of Low
Density Residential because the size of the parcel was within the 1-acre to 4-acre
range of the General Plan.
E. PROPOSED Parcel complies with the current General Plan designation of AR
(Agricultural Residential)minimum lot size range of 1-acre to 40-acres. However,
the AR-2.5 acre zone is a conditionally consistent zone. The Planning Commission
finds that the 3-acre parcel is conditionally consistent with the AR designation of the
General Plan based on meeting the following standards:
1. Compatible with neighboring agricultural activities.
The Agricultural Commissioner determined that there are no adjacent agricultural
operations and there are no adverse agricultural issues.
2. Evidence of adequate water and sewage disposal capacity.
The Butte County Environmental Health Division determined that the soils on the
project site are generally suitable for on-site sewage disposal systems.
3. Availability of adequate fire protection facilities.
The Butte County Fire Department (CDF) determined that the project conforms to
Department requirements, and has included conditions for fire safty.
4. Adequately maintained approved road access with sufficient capacity to
service area.
Two existing roads—Nimshew Road, a public road, and Ponderosa Way, a private
road to the subject property, will provide access for the proposed parcels in
conformance with the standards of Butte County.
5. Reasonable accessibility to commercial services and schools.
The project parcels are within 3 miles of commercial shopping and schools in
Magalia and Paradise.
■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
0 July 14,2005 0 Joseph LaMar DET 05-03 0 Page 4 of 9 ■
EXHIBIT A
Legal Lot Determination/Conditional Certificate of Compliance on APN 066-360-046,DET 05-03
I. APPROVAL:
1. Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The N-
current fee is $7.00 for the first sheet plus $3.00 for each additional sheet. The estimated
current cost for recording this Certificate is $13.00 with conditions. This cost estimate is
based on 1 page notification(first sheet), I page of legal description attached as Exhibit"A",
and 1 page of conditions attached as Exhibit`B".
2. All new structures must meet Fire Safe Regulations of the Butte County Code and Public
Resources Code 4290 and 4291.
3. Provide two-way traversable access to the parcel from a publicly maintained road or state
highway as defined in the County Code.
County Counsel y"
4. If this entire matter or any finding,action or condition of this matter is appealed to the Board
of Supervisors,the applicant or any other developer/operator other than the applicant agrees
to defend, indemnify and hold the County of Butte harmless from liability or loss related to
the approval of this project and agrees to sign an indemnification agreement in a form
approved by County Counsel before the Board's appeal hearing. If the application is not -
appealed, this condition is deemed satisfied. ~�
■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
0 July 14,2005 ■ Joseph LaMar DET 05-03 0 Page 5 of 9 0
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■July 14,2005 ■Joseph LaMar DET 05-03 ■Page 7 of 9 ■
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■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
M July 14,2005 0 Joseph LaMar DET 05-03 0 Page 9 of 9 ■
7-77
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BUTTE COUNTY PLANNING COMMISSION
Applicant: Joseph LaMar Owner: Kenneth and Nina Clow ' +
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Request:1 • . • 1 nation.
Supervisorial- •
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1ate: July 14,2005 . 9:00 a.m.
Request:
District
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Butte County
Department of Development Services
Planning
Memorandum
March 212005
To: Inter-Departmental Review Committee
Subject: DET 05-03, LaMar
Planner: Carl Durlin
APN: 066-360-046
Location 5834 Ponderosa Way, northwest of Magalia off of Nimshew Road.
30-.Day Complete: Aril 1.2, 2005
Date of IDR: 04/06/2005
Please respond by April 4, 2005, regarding completeness of application.
Do you find this application complete?
❑ No. What is needed to make the application complete?
Lj Yes. Conditions and/or mitigation measures (?lease respond by 04/21/05).
Standard Conditions are attached for your convenience.
Signature:
Date:
(Please send your response to cdurling@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
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
04/06/2005.
t4 ;�,.
Butte County DePutment of Development ServicV
PLANNING DIVISION 0 0TT�0
0 0
7 County Center Drive 0 0
Oroville,CA 95965 0 - � r� o
(530)538-7601 Telephone oC - yo
(530)538-7785 Facsimile �UNt
March 21, 2005
TO: Local Agency/Department
FROM: Carl Durling, Butte County Planning Division
SUBJECT: Request for Comments on a Development/Land Use Application
APPLICANT: Kenneth Clow, Legal Lot Determination -DET 05-03
APN: 066-360-046
DATE OF IDR*: 04/06/2005
*Inter-Departmental Review Committee
IDR RESPONSE REGARDING
COMPLETENESS OF APPLICATION DUE BY: April 4, 2005
AGENCY/DEPARTMENT
CONDITIONS/MITIGATION MEASURES DUE BY: April 21, 2005
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 04/06/2005, and/or to recommend conditions and/or mitigation measures
relevant to your agency's/department's area of expertise and jurisdiction.
PROJECT DESCRIPTION: Legal Lot Determination to allow the issuance of a Certificate of
Compliance for a parcel in the Maglia area.
PROJECT LOCATION: 5834 Ponderosa Way,northwest of Magalia off of Nimshew Road.
COUNTY SUPERVISOR DISTRICT NO.: 5
ZONING:.AR-2-1/2 (Agricultural-Residential, 2-1/2-acre parcels)
GENERAL PLAN: AR(Agricultural Residential)
If a response cannot be submitted prior to the due dates listed above,please call Carl Durling at
(530) 538-7150 or send him an email at cdurling@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.
IDR COMMITTEE-APPLICATION COMPLETE: w
El No (Please send res onse to Carl Durling by April 4, 2005)
Ef Yes (Conditions/mitigation measures due by April 21, 2005)
K:\Planning\Projects\CommentRequestForm.dot
BUTTE COUNTY
LEGAL LOT DETERMINATION/
CERTIFICATE OF COMPLIANCE
STANDARD CONDITIONS
APPLICANT: Kenneth Clow DATE: 03/21/2005
AGENT: Joseph La Mar APN: 066-360-046
FILE#: DET 05-03 PLANNER: Carl Durling
PROJECT DESCRIPTION: . Legal Lot Determination to allow the issuance of a Certificate of
Compliance for a parcel in the Maglia area.
Required for all Certificates of Compliance:
Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is
$7.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this
Certificate is$ .00 without conditions, $ .00 with conditions. This cost estimate is based on 1 page
notification(fust sheet), pages(s) of legal description attached as Exhibit"A", and page(s) of
conditions attached as Exhibit"B".
Health Dept. Conditions:
Prove that adequate quantities of domestic water for a single family residence are available to the parcel.
Prove that adequate sewage disposal area for a single family residence exists on the parcel.
Provide a "will serve" letter from verifying the property is within their district
boundaries and that they are willing and able to provide sewer service to the subject property.
Provide a "will serve" letter from verifying the property is within their district
boundaries and that they are willing and able to provide water service to the subject property.
Provide evidence that there are adequate quantities of potable domestic water available to property in
accordance with section 12 of the Subdivision Ordinance Improvement Standards.
Provide evidence that there is adequate useable sewerage disposable available to property in accordance
with Appendix VII of the Subdivision Ordinance Improvement Standards.
Public Works Conditions:
Provide two-way traversable access to the parcel from a publicly maintained road or state highway as
defined in the County Code.
Provide approved access to the parcel from a publicly maintained road or state highway in accordance with
the County Code. Minimum easement width to be_ feet.
Verify legal access to the parcel from Craig Access Road. Provide documentation from the State
Department of Water Resource Division of Parks and Recreation allowing the use of Craig Access Road as
access to the parcel.
Fire Dept.:
Place the following informational note on the Certificate of compliance "All new structures must meet Fire
Safe Regulations of the Butte County Code and Public Resources Code 4290 and 4291."
LEAD IN SHEET
FILE NO:* DET 05-03
APN: 066-360-046
APPLICANT: Kenneth Clow
903 Hohener Avenue
Hayward, CA 94541
OWNER: Kenneth and Nina'Clow
REPRESENTATIVE: Joseph LaMar
REQUEST: Legal Lot Determination to allow the issuance of a Certificate of Compliance for a
parcel in the Maglia area
LOCATION: 5834 Ponderosa Way, northwest of Magalia off of Nimshew Road
SIZE: 3.0 acres
SUPERVISORIAL DISTRICT# 5
EXISTING ZONING: AR-2-1/2, (Agricultural-Residential, 2-1/2-acre parcels)
GENERAL PLAN DESIGNATION: AR(Agricultural Residential)
ZONING HISTORY:
SURROUNDING ZONING:
SURROUNDING LAND USE:
SITE HISTORY:
APPLICABLE REGULATIONS:
ASSIGNED PLANNER: Carl Durling
Date Application Received: 03/08/2005
Date Project Assigned: 03/15/2005
IDR Date: 04/06/2005
30-Day Complete:
Tentative Hearing Date:
"DRAFT"LEAD IN SHEET
FILE NO: -8 AP# 466' 3oe-&
APPLICANT:
OWNER: S6 ?�" �� C D o
REPRESENTATIVE: JToSeyolt I'Ais je
PROPOSED REQUEST: (to be filled out byy person taking in applic tion)
G�G�afG Go 7" �/ T �toi,►a.�v
FINAL REQUEST: (to be filled out by project planner)
SIZE: 0¢cje-E:57
LOCATION: ,S 3 q l Wpr1OS4 tvt%t. V OPW ` uyoIr o
awmcc f\lr *t.s — y 90hp,
SUPERVISORIAL DISTRICT # EXISTING ZONING: A 2 2•
GENERAL PLAN DESIGNATION:
ASSIGNED PLANNER:
Date Application Received 3' g- Z DU r
Date Project Assigned -6 ��5
IDR Date S
30 Day Complete
Tentative Hearing Date
KAPIanningTormsEead In Sheet.doc
V� G
COMMENT DISTRIBUTION LIST
County Offices and Cities:
Chief Administrative Officer X Develop.Services Director X Public Works Director
X Environmental Health X Assessor X Building Manager
Sheriff _BCAG _ALUC
X LAFCo _Air Quality Mgmt. _Butte Co.Farm Bureau
Biggs _Gridley _Chico
Oroville _Paradise Chico Airport Commission
_Information Systems Dept. _Animal Control X Agricultural Commission
X County Counsel
Irrigation District:
_Butte Water _Biggs/W.Gridley Water _Durham Irrigation
_South Feather Water&Power Agency _Paradise Irrigation _Richvale Irrigation
—Table Mountain Irrigation _Thermalito Irrigation District _Other
Domestic Water
_Butte Water District _California Water Service Co. _Del Oro Water Co.
_OW ID _Thermalito Irrigation District _Other
Sewer
_Butte Water District _Themalito Irrigation _Sterling City Sewer Main
_Skansen Subdivision(CSA 21) _L.O.A.PUD
Fire Protection
X California Department of Forestry _EI Medio Fire Protection District
Recreation Districts
_Chico Area Recreation _Durham Area Recreation _Feather River Rec.&Park
_Paradise Recreation&Park. _Richvale Recreation &Parks
Utilities
PG&E _Chambers Cable TV _SBC
Viacom Cable TV
State Agencies
i
_CalTrans(Traffic) _Dept.of Water Resources _Dept.of Fish and Game
_Forestry(Attn:Craig Carter) _Dept of Parks and Rec. _Highway Patrol
_CA Reg.Water Quality Control Board _Caltrans,Aeronautics Program _Office of Governmental&Env.Relations
_Department of Conservation _Office 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 Service
Other Districts,Agencies,Committees,etc.
_Lime Saddle Dist _Community Association School Districts
_Drainage _Butte Env.l Council
_Reclamation _Cal Native Plant Society
_Butte Co.Mining Committee _Forest Ranch Community Assoc.
_Paradise Pines Com. Assoc. _Butte Creek Watershed Conservancy
_Mosquito Abatement District.
K:\Planning\Forms\DISTR.wpd
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I °ICIAI. REC`Jpns
• E E COJNT'i I •
n .recorded return to: �1p 11 N 0119771 'Page.' 1
ie Lee LOU i�i_ r,i.L r.c cR:t`.. -C&
Box 187 COUNTY RECURDER �
91ia, CA 95954 27597 f«
GRANT OF EASEMENT AND AGREEMENT FOR ROAD blAINTENANCE
UI EREAS, the undersigned are owners of those certain parcels of land' sit-
ed in the County of Butte, State of California, and more particularly des-
bed in EXHIBIT ONE, EXHIBITTP10, ElCHIBIT THREE, EXHIBIT FOUR, EXHIBIT FIVE,
IBIT SIX, EXHIBIT SEVEN, EKHIBIT EIGHT, EXHIBIT NINE, and EXHIBIT ELEVEN,
ached and made a part of this agreement.
IJiEREAS, the undersigned acknowledge and confirm that each of said parcels
sently has access to NIMSHEW RIDGE ROAD, a County road, over an existing road
wn as PONDEROSA WAY; and 1
WHEREAS, uncertainty exists as to the precise location and width of said '
anent and as to the respective owner's duty to contribute to the improvement
/or maintenance costs thereof;
i
NOW THEREFORE, in consideration of the premises and of the mutual covenants
sinafter contained, each of the above mentioned owners hereby GRANTS a non-
lusive right-of-way for road and public utility purposes (including Pacific
d: Electric Company) over the following described 60 foot strip:
A portion of the South Half of the Southeast quarter of Section 27, Town-
ship 23 North, Range 3 East, M.D.B.&M. , and also•being a portion of Lots 12
and 14 of said Section 27, and more particularly described as a 60 foot * BUTTE
strip situated 30 feet on either side of the following described centerline: t COUNTY
Commencing at the. South quarter corner of aforesaid Section 27, which is MAR 0 8 2005
also the Southwest corner of said Lot 12; thence Easterly along the South
line of 'Section 27, North 89°38112" East, 268.29 feet to the centerline.of DEVELOPMENT
Nimshew Ridge Road; thence Northerly along the centerline of Nimshew Ridge SERVICES
Road, North 3018'55"West., 640.12 feet more or less to the intersection of
the centerlines of Nimshew Ridge Road and Ponderosa 'day; thence South
89°52'32" East, 17 feet more or less to the point on the centerline of
Ponderosa Way 'and the East line of Nimshew Ridge Road, said point being the
true point of beginning of the centerline herein described; thence South
89°52'32" East, a distance of 1925 feet more or less along the centerline
of Ponderosa Way to a point that is the end of the centerline herein described
EXCEPTING. THEREFROM any land lying more than 1647 feet East of the East
line of Nimshew Ridge Road and South of the centerline of Ponderosa {'lay.
It is further covenanted and agreed that each .of the above mentioned owners
jointly and severally agree, one with-the other, for themselves, their succes-
s and assigns, that they will pay their respective share of the cost of main-
ning said road according to the following formula:.
MAINTENANCE COSTS SHARED EQUALLY, with the following exceptions: Owners
property described in EXHIBIT SEVEN (Miller) and.EXHIBIT ELEVEN (Duncan) shall
be responsible for any road costs.
No obligation to improve said road is created hereby. However, if any owner
owners do improve all or anypart of saidroa •-to a standard superior to the 140
sently existing condition of the road, the parties hereto agree to maintain
part so improved according to said superior standard.
The foregoing obligation to contribute to maintenance costs shall not apply
the event of damage to said road caused solely by an undersigned, directly orl
irectly, and ,the cost of repairing such damage shall be borne by the party
sing. the damage. The cost of trimming overhanging trees shall be deemed damage
sed by the owner of said trees. It is agreed that trees may be located in said
ement so long as they do not interfere with the use of the easement for road or
lity purposes.'
The maintenance cost sharing formula expressed hereinabove is acknowledged
be based upon the present uses made of each parcel and upon the present parcel
e. It is agreed that if the use of any parcel or portion thereof changes so
to disproportionately increase the traffic over said easement to or from said..
cel for a substantial period of time, the maintenance cost sharing formula C
ressed above shall. be adjusted accordingly to secure an equitable allocation' .
aid maintenance cost for the period of time involved. -
,,;�of ar• }„
� 1
This agreement is to be construed as a covenant running with the land,
and is for the mutual benefit of the undersigned, their heirs, executors, •
administrators, successors and assigns, with respect to all or any portions
of the above described lands.
IN ViITNESS V,1HERE0F, the parties hereto have executed this agreement
this 20th day of September, 1976.
A?:D:cit„ LUC_ait0T1I 'ahi it Un(T) LEST:tt: H. LONG ()'xhi it Six)
-2�O i LUC 1Y1 EX -LONGoft ne) P:IAi GAR' t D. (Exhib t Six)
t
l0lu' P. nI1:SU' (Exhibit Two) ORRAIT�CLAUDIA MILLER ((Exhibit Seven
DELORIS E. T -SON (Exhibit Two) `T:ILF D N. Kr:^1MTESON (Exhibit Eighlf:
LESTEA t'OLLARL' (j]'xhi ;it Three) ELEANOR F. KETCHESON (Exhibit Eight) .
A�/L• �//1 ,/ L �'YY.�L_-� /.) /l�-'C(i✓lam-2,.y�•`. .. �..
1MA NCY A ji OLLA: , (Exhibit Three) NOit1.4AN B. IMCIESON (Exhibit Nire) '•
DDO.TALD H. LEE (Exhibit Four) OLGA YC. STC fLSOPd (Exhibit Nine)
MARIE LEE (Exhibit Four)
IVILLI HORN xhibit ve)
rCZ2.
SANDRA LYNN DUI4Cl d (Exhibit Eleven)
STATE OF CALIFORNIA,
r ss.
COUNTY OF 42,a,7;
ON
ore me, the undersigne a Notary Public in and for said State, personally appeared
0
known to me,:"
��� • i "�•� •� _ to be the person. whose name-5— subscribed to the within Instrument,
and acknowledged to me that—,zLhe executed the same. gyp,
my C07.'n;::ion Expires soplarnbar 9,1977 WITNESS my hand and official seal. /J ;_,
22L
Nolary Public in and for said Slate. �►
ACKNOWLEDGMENT—General—Woltotb Form 733—Rey.MA — '—'
1
r- ------;----- ------ page 3 .
STATE Of CALIFORNIA,
COUNTY OF Bu t t o _. • •
1 ON— Decamber 2?, 1976
before me, the undersigned, a Notary Public in and for said State, personally appeared
:,:s.iaates rsr ::••..:•:st:eiei7aonyl _ known 20 me, I
to be the persons whose name- P r, subscribed to the within Instrument,
and acknowledged to me that-Lhe—)t executed the same. I
174 WITNESS my hand and official seal.
My Commi:aion Expir.s S:p7em'-ar 9,1977
Ci 7::77,»:;7P•::7717:7,1:::7iii::i::i:i:::::u;77i:717A:J ,^ _ - _ —`--
—1Ly4.��LtC/�
Notary Public in and for said State. f
STATE OF CALIFORNIA ) ��
COUNTY OF •��LLQ"� ) /
ON— �
re e, the dI gned, a Notary Pubic,in and for said Swe, pe s Dally appeared I:
known to me, !
to be the persons whose named Subscribed to the within Instrument, `!
and acknowledged to me that;2--he executed the same.
'.»,nn»fermit::::utr.:nn:»,»un»n+»eaont, i;
OFFICIAL s E A L WITNESS my hand and official seal.
?i l ADELE M. PFR!?Y
7..111"IJI.t Gt:l•:f 1:1 i:1: ��
^•rely Cl cu7rr Notary Public in and for said State.
My co..".issicn ::Aires April 22. 1930
A
STATE OF CALIFORNIA,
Butte } ss.
COUNTY OF )
ON Novembe r 22 1926L—
before re, the undersigned, a Notary Public in and for said State; personally appeared
Horn
H4»umm�unpnw»snu»„cnttu„nuutl»u„!' known to me,
BARBARA M.GRID.",f A to be the person—whose name— i s Subscribed to the within Instrument,
roy NOTAR'f PUBUC—CALIFORNIA
PRI;.CIPAL OFFICE IN and acknowledged to me that—he—executed the same.
C BUTTE COUNTY.
My Commiuion Expires September 9,1977 WITNESS my hand and official seal.
i,w,uuuuumuuuu.umw,amunnnnunu �
Notary Public in and for said Slate.
ACKNOWLEDGMENT—General--Wolcotts Form 273—Rev.3-64
STATE OF CALIFORNIA, y `
ss.
COUNTY OF_ > u F?
ON
before. the undersigned, a Notary Public in and for said State, personally appeared
. �I17tY»7»i,171f»iit„7i:»»»„»pIs„7sslGa,»,»»^4+ C✓ �7 �L(•.�_`_-�7'�i"t`..sL
0 F V I C I A L $EAT known to me,
Dr-A#4 WORCESTER i
y'. NOTARY PU911C — CA' THN1A to be the person..._whose name - subscribed to the within Instrument,o i
Palt�ouAi+rYWFICI 1.4 tn1 and acknowledged to me tha�he_executed the same.
My commisslon Explres Alorcn h, 1979 S
077111„1,s Soso»s,1„,all I l,ll„,11 t»t7Fs,11111,14,17 WITNESS my hand and official seal.
Notary Public in and for said State.
AtY.NOWCEOCNENT=Geneiar='PfoiZottf'(orin T7K:Re'v.'Jb4----
STATE OF CALIFORNIA, l
iiutte t ss.
COUNTY OF )
ON december 8 1976
before me, the undersigned, a Notary Public in and for said State, personally appeared
Sandra L.nn Duncan
t_,nr,e„tnm:ai,ag,:nm,nnetamn„t„rsn,sr„� -- known t0 me,
f A2";t� P:1. GRIMM � to be the person_whose name— is subscribed to the within Instrument,
O
—CALIFORNIA_ and acknowledged to me that 5–he—executed the same.
OFFICE IN
=f Bul"I'�:COUNITY
WITNESS my hand and official seal.
My Commission Erpiras Sep:amSer 9.1977 . /J
l-r
Notary Public in and for said State.
F-Ueneracicoltm r.
TO bay C O
(Individual) �
STATE OF CALIFORNIA 4
_/
`COUNTY OF �//�+2°�S a���e-` } SS.
TatOn • before me, the undersigned, as Nota ublic in and for said
e, personally appeared(�G�Cs^ LO/ i�
V G &t34 d �� A-AAA-
Z-0 IV
-
LO/V 66-•
W
x
I .,known to me
a to be the person $ whose names Qi(.f_ subscribed Crmauun,n,nu,u,nunnnnuumumun,,,yl,
.m to the within instrument and acknowledged that f C OFFICIAL SEAL,
executed the same. 1 LYNNE C. THOMSON
= NOTARY PUBLIC- CALIFORNIA
WITH d and official a COUNTY OF-ACP—
ENT
Ny Cemmiulon Ecpires December l7,1977 .�.
/��.,,�����nnwunuunn„nm,r,,,,°nnnuuunuunli
Sig azure.
Name (Typed or Printed)
X11-DL —C A J I_ -4 6 G 2 J Y.3/ _.. _ (This area for official notarial Hall
43 too
TO<e7 c
(Individual)
STATE OF CALIFORNIA
COUNTY OF Orange 1 SS.
September 29, 1976
On before me, the undersigned, a Notary Public in and for said
State, personally appeared Wilfred N. Ketcheson, Eleanor F. Ketcheson,
W Norman B. Ketcheson, and Olga C. Ketcheson
W
W -
I
W known to me
J
a to be the persona whose names are subscribed
to the within instrument and acknowledged that they
executed ilia some. :.:.,..::'.,...,..:.....::..........: e..L..............n:......I o
WI NESS my nd and official seal. y;� ro
OFFV�IAL SEA - r=
Siature 7. Y.]e'fY:PU7L1 -^ALiFJRiJIA e L y t
- :' •i =ii! 1•i7;.'I:IF•AI.OFFICE IN
000.1:17 _ F�
Holl . Kemp
11.11•";,'11rn1>sicn Expires October 2,1976 c ;
Name (Typed or Printed) ::::.....:.::::.::.::::.::....................:::::.::::...:.....:.:.:.::n::.:.7. i A
(This area for olaclal notarial Halt ams j
W I
-� t..
i
page 5.. ......
ADDITIONALLY the follong former property owners or thei
t eirs,
executors, or administrators who may have some interest in the property
.described in the above easement description do hereby join in this
agreement for the purpose of subjecting said property to the terms and
conditions of said easement as recited above; however they shall not be
responsible for a y road costs.
CATIEMINE LEE, a widow of ltoy E. Lee 01C..Cf%"� "� 7' / y7-6
nDATED
T� (:
/97�
alia L. Archer, a widows DATED
CLIFFOR ERNON IT0141.1N.1 . J DATED
taH. Bonham
CHA S EVERETT BOT AM � 7,1'
DATED
'.poFc'TI/'/ �iV'1C-F G''p.+/ff/i/i1
11VILBIIR':LEON,BONHAM
�:1fSA Qc7H jjo�NAM DATED
STATE OF CALIFORNIA, 12 SS.
l —"
COUNTY OF—
ON
before to`thud, a Not Public in and for said State, personally appeared
z:
^r^°1 G!;1r;rtt�A = _ known to me,
1 t:1. .� subscribed to the within Instrument
E!'• tC o�FiLI�y,`IA to be the person—whose name—
:'�' and acknowledged to me that;the—executed the same.
COi1NTY.
% `.' B lam-or 9,197
Commission 7
exaioas o. •1lsr.:{� WITNESS my hand and official seal.
Ily ;:3:4t3:i::.• ¢::
::III:41 9
—'T
119tary Public in and for said State.
f` _ .. ._
TO 447 CA(4.7)1 TITLE
(Individual) INSURANCE
AND
AC NDTRUST
STATE OF CALIFORNIA ) A71CORCOMPANY
COl1NTY OF
Solan 1} SS.
;i On
October 29, 1976 before me, the undersigned, a Notary Public in and for said
State, personally appeared Delia L. Archer
" W
W m
W C7
Z p
W _ known to me
to he the person__whose name_ 18 subscribed
a In the within instrument and acknowledged that She OFFICIAL SEAL
executed the same. JOSEPH C. CHAMBERS ((7
IV WITNESS-my nd and official seal. ' ;��m rrOTAPV►U3LIC—CAIrfORNIA
•+ �,, y PR1r:CirRl OFFICE IN y ;
SOIANO COUNTY
rn �
. Signature ►Ay Commission Expires March 14, 1980
Name cry4d or Printed)
(Thi.vas I..ID.isl..tial sW)
.1
• 1
STATE OF CALIFORNIA,
SS.
COUNTY OF EM:e
ON_ ` October 30, 19 Tb 19—
befog me, the undersigned, a Notary Public in and for said State, personally appeared
_t MI'1^s E\raratt. Boahzims nrc�L:t Ali C. ;aa ltiQ)-
known to me,
OFFICIAL�SIAL to be the person_9 whose name.- ere subscribed to the within Instrument,
* a Jolly F. GAGE t
and acknowledged to me that—he executed the same.
��•='f1^ NOTARY PUBLIC-CALIFORNIA
h�„i--=i T• '
6UTTE COUNTY WITNESS m hand and official seat.
AtyComnissi�nEx�a sSept.14,1977 y
1567 H3viihorne Ave., Chico, CA. 95926
Notary Public in and for sa' te.
ACI(NOWLEOGI(ENT--GeneratmWolcotts Form 23"ev.3.61 A s 8111DIARr or AMERICA.aTAT...cnr PRODUCTS CORP.
STATE OF CALIFORNIA,
ss.
On t.':is.___3? AAAA__day of�.QF TI I' _ —___�in the year one thousand nine hundred and_....__..LeVEnty__5JX._
before me,--.—Z'11a drud�a.�LeQS __._____—�._-,a Notary Public,
State of California,duly commissioned and sworn,personally appeared-..-_.: __.:=_-_.
_Wi.lbur nn Bonham._and_Loa-Het.LB.Onham.__..--....-_
�.—.- •----•--._____.._.._._�.._AAAA----_----._.___._—.._.._
seems,++nnannnw+numnnsue+awu+++neu+w+ known to me to be the persons_whose neme.s_ere____subscribed to the within instrument
' h11LDRED A.FREESE and acknowledged to me that.t..he._.Y.ezecuted the same.
X, t; ALIOTAP I CI?AL OFIC—C CEFIN
ORNIAIJ
E IN WITNESS WHEREOF I leave hereunto set my hand and affixed my official seal
SACRANIENTO COUNTY e in the___._____ .—.County.of....._�S.d 1T!?eFl4____.._.__. the day and year in this
My Commission Expires November 15,1977 certificate first above written.
®+aesnauuuulnouauuualunuuuetnuueeu�
-------------._.------AAAA.--- - - •--'. _��-��_...�1_. __�.�..�.,
Notary Public,State of CaliEornl
COwderys Far.No.32—Mmovrrcdsiatab.-CeacaL
(C.C SCE,Ilea) 45755 My Commission Expires--
.----7
;tate of California )
:ounty of Butte )ss
In this 26th day of December, 1976 before me
:he undersigned, a Notary Public personally appeared
R. 'J. Towle
:nown to me to be the person whose name is subscribed
:o the within instrument as a witness thereto, who
teing by me duly sworn, deposed and said; that Ire
•esides at Paradise, California that he
las present and sate Clifford V. Bon aln and Vesta H.
Bonham
lersonally known to him to be the person whose name is
subscribed to the within and annexed instrument, execute �;;�,;_,.;,.-�,,;:::,:n::T nmc:::en,n>.»nr.+N o
:he same; and that affiant subscribed his name thereto ;,.`•�,- .A 11 CZ:'::".1
is a witness to said execution. ;:�•
r:Orr : :::� -C.u-a:0a"lA t
In witness whereof, I have hereunto set my hand and kI
..,r.,.• yU 1 IZ L COUNTY
Iffixed my official seal in the County of Butte g t;yCamr-i::ionr::- :S n:Dcba0.1=77 a C®
;tate of California the day and year in this certificate _t::::::::::::::::::::::::::::::::.:::::::.....I.:::::n4 -o
`irst above written. T
ti Notary Public C11
77
EEAL PROPERTY SITUATED IN ACOUNTY OF BUTTE, STATE OF CALIFWA�ge 7
EXETBIT ONE/
Owners: Andrew Luckeroth and Marjorie Luckeroth, his wife
Description:
Being a portion of the Southeast quarter of Section 27, Township 23
North, Range 3 East, M.D.B. and M., and also being a portion of Lot 12
of said Section 27, and more particularly described as follows:
Commencing at the Southeast corner of said -Section 27, thence along the
South Line of said Section 27, South 89038112" West, 2464.68 feet to
the true point of beginning for the parcel herein described; thence
from said true point of beginning, North 3°18'55" West, 209.00 feet;
thence South 8.9°38'12" West, 10.00 feet; thence North 3°18'55" West,
429.36 feet to the centerline of Ponderosa way; thence along said cen-
terline, South 89052'32" East, 250.00 feet; thence leaving said center- j
line, South 3018'55" East, 636.23 feet to the South line of Section 27;
thence along said line South 89038112" West, 240.00 feet to the true j
point of beginning.
Excepting therefrom those portions lying within the boundarys of
Ponderosa Way.
;XHIBIT TV-101
Owners: John P. HiAson and Deloris E. Hixson, his wife
j
Description:
A portion of the Southeast quarter of Section 27, Township 23 North,
Range 3 East, M.D.B. and M., and also being a portion of Lot 12 of said
Section 27, more particularly described as follows:
Commencing at the Southeast corner of said Section 27; thence along the
South line of said Section 27, South 89°38'12" West, 2224.68 feet to the
true point of beginning for the parcel herein described; thence from said
true point of beginning, North 3°1.8'55" West, 636.23 feet to the center-
line of Ponderosa Way; thence along said centerline; South 89°52'32" East,
200.00 feet; thence leaving said centerline, South 3°18'55" East, 634.53
feet to the South line of said Section 27; thence along said South line,
South 89038112" West, 200.00 feet to the true point of beginning.
EXCEPTING TI'iEREFROM those portions lying within the boundaries of
Ponderosa Way.
i
IXYIBIT EIGHT.
Owners: Wilfred N. Ketcheson and Eleanor F. I:etcheson, his wife
Description•
Being part of the Southwest quarter of the Southeast Quarter (also
described as Lot 12) of Section 27, Township 23 North, mange 3 Fast,
described as follows: f
BEGINII'•ING at the point of intersection of the Piortherly line of Pon- '
derosa l'iay and the Easterly line of the :Timshew Ridge County Road, and
running thence East along the '?orth line of said Ponderosa Way, a dis
tance of 836 feet to a point; thence Lorth on a line parallel to the
East .line of the Nimshew Ridge County Road, a distance of 293 feet to
a point; thence West on a line parallel to the Idorth line of said
Ponderosa V1Ay, a distance of 836 feet to a point on the East line of rP►
the iimslie:r Midge County Road; thence South along the East line of
said road a distance of 293 feet to the point of beginning.
EXCEPTING ThEREFROM, all minerals as reserved of record. � 1
�. page 8
EXHIBIT THREE/
Owners: Lester Pollard and Nancy A. Pollard, his wife
Description:
Bing a portion of the Southeast quarter of Section 27, Township 23
North, Range 3 East M.D.B. and M., and also being a portion of Lot 12
of said Section 27, and more particularly described as follows:
Commencing at the Southeast corner of said Section 27, thence along
the South line of said Section 27, South 89°38'12" West, 2024.68 feet
to the true point of beginning for the parcel herein described; thence
from said true point of beginning North 3018'55" West, 634.53 feet to
the centerline- of Ponderosa Way; thence along said centerline South
89052'32" East, 200.00 feet; thence leaving said centerline South
3°18'55" East, 632.83 feet to the South line of Section 27, thence
along said line South 89°38'12" Gest 200.00 feet to the true point
of beginning.
Excepting therefrom those portions lying within the boundarys of
Ponderosa Way.
EXHIBIT FOUR/
Owners: Donald B. Lee and Marie Lee, his wife
Description:
Being a portion of the Southeast quarter of Section 27, Township 23
North, Range 3 East M.D.B. and M. , and also being a portion of Lot 12
of said Section 27, and more particularly described as follows:
Commencing at the Southeast corner of said Section 27, thence along
the South line of said Section 27, South 8938'12" West, 1824.68 feet
to the true point of beginning for the parcel herein described; thence
from said true point of beginning North 3618'55" West, 632.83 feet to
the centerline of Ponderosa Way; thence along said centerline, South
89052'32" Last, 150.72 feet; thence leaving said centerline, South
15010'32" East, 652.40 feet to the South line of Section 27; thence
along said line South 89038112" East, 284.68 feet to the true point
of beginning.
Excepting therefrom those portions lying within the boundarys of
Ponderosa Way.
EXHIBIT FIVE/
Owners: Willis Horn, as his sole and seperate property
Description:
A portion of Lot 12, Section 27, Township 23 North, Range 3 East,
L•S.D.B, and M., and more particularly described as follows:
Beginning at the Southeast corner of Lot 14 in said Section 27; thence
Northerly 1000.00 feet more or less to the lower East corner of the
Cattle Guard on the Ponderosa Way Road; thence up the center of said
Ponderosa Way Road a distance of 1050 feet more or less to an iron
stake by a pine tree; thence Westerly along the center of Ponderosa
Way road 436 feet to a point at the Northwest corner of -that certain
parcel of land described in deed from Deila L. Archer to Roy E. Lee
and wife dated June 1, 1960, and recorded June 6, 1960, in Book "1061" o
of Official Records at page 396, the true point of beginning of the
parcel of land herein described; thence continuing westerly along the
center of Ponderosa Way road a distance of 208.00 feet; thence South-
easterly and parallel with the Westerly line of said Lee parcel a CD
distance of 650.00 feet more or less to a point on the southerly line
of said Lot 12; thence Easterly along the southerly line of said Lot
12 a distance of 208.00 feet to� the Southwest corner of said Lee
parcel; thence Northwesterly along said Lee parcel a distance of 650
feet more or less to the point of beginning. '�
EXYGIBIT SIX/
• 9
i
Owners: Lester H. Long and Marga.rel D. Long, his wife '
Description:
All that certain real property in Lote 12 and 14, Section 27, Township
23 North, Range 3 East, M.D.B. and M. , situate in the County of Butte,
State of California, described as follows:
Beginning at an iron stake in center of pile of rocks in Southeast
corner of Lot 14, Section 27, Township 23 North, Range 3 East, M.D.B.
and M. , going in a Northerly direction 1000.00 feet more or less, to
the lower East corner of cattle guard on the Ponderosa Way Roads thence
up the center of said Ponderosa Way Road, a distance of 1050.00 feet
more or less, to an iron stake at a pine tree; thence Westerly 20 feet
along Ponderosa Way Road to the true point of beginning for the parcel
of land herein described, said point being 20 feet West of the North-
west corner of that certain parcel of land described in deed from Clara
Lee Horn to Loren Edgar Davis, at ux, dated March 11, 1959 and recorded
March 27, 1959 in Book 989 of Official Records, at page 105; thence
in a Southeasterly direction 20 feet West of and parallel to the Westerly
line of said Davis parcel, a distance of 650.00 feet more or less, to
the South line of Section 27; thence West along the South line of said
Section 27, a distance of 416.00 feet to a point; -thence Northwesterly
and parallel with the West line of said Davis parcel, a distance of
650.00 feet more or less, to the center of Ponderosa Way Road; thence
East.along the center of Ponderosa Way Road, a distance of 416.00 feet,
more or less, to the point of beginning.
EXHIBIT ELEVEN/
Owner: Sandra Lynn Duncan, as her sole and seperate property
Description:
Being a portion of the Southeast quarter of Section 27, and a portion
of the Northeast quarter of Section 34, Township 23 North, Range 3 East,
M.D.B. and M. , .and more particularly described as follows:
Commencing at the 'Northeast corner of said Section. 34, thence along
the North line thereof, South 89°38112" West, 1475.93 feet to the
Northeast corner of Lot 2 of said Section 34, and the true point of
beginning for the parcel herein described, thence from said true point
of beginning, continuing along said North line, South 89°38112" West,
32.98 feet; thence leaving said line, North 15°10'32" West, 652.65
feet to the South line of Ponderosa Way; thence along said South line,
South-89038112" West, 31.03 feet; thence leaving said South line,
South 15010132" East, 652.65 feet to the North line of said Section 34, �
thence along said line, South 89038'12" West, 99.68 feet to a point
10.00 feet Westerly from the centerline of the Pacific Gas and
Electric Ditch; thence following said ditch bank, South 26032100" East,
230.42 feet; thence South 16°45'30" East, 125.22 feet; thence South
3012'50" East, 168.33 feet, thence South 27°10'40" West, 142.28 feet;
thence South 44049'30" West, 119.04 feet; thence South 57039'14" West,
329.90'feet; thence leaving said ditch bank, South 12"57'56" East, i
61.71 feet; thence North 87'33'12" East, 433.12 feet to the East line
of said Lot 2 of Section 34; thence along said East line, North o
0014152" West, 924.31 feet to the point of beginning, and containing
3.34 acres more or less. '(
co ,
C]
rT
�' 1 S
I BI T NINE. • 10
Owners: Norman B. Ketcheson and Olga C. Ketcheson, his wife
Description:
PARCEL ONE:
11A of that portion of Lots 12 and 14, Section 27, Township 23 North,
Mange 3 East, lying East of Nimsheri County Road and North of Ponderosa
Way specifically bounded by a line having its point of beginning at
the intersection of the North line of Ponderosa War and the East line
of Nimshew County Road; thence Easterly along the North line of
Ponderosa Slay 1925 feet; thence Northerly along a line parallel to the
lest boundary of Lot 14 to North boundary of Lot 14; thence Westerly
along the North boundaries of Lots 12 and 14, to intersection of the
North boundary of Lot 12 and the East line of Nimshew County Road;
thence Southerly along East line of Nimshew County Road to point of
beginning.
EXCEPTING THEREFROM one parcel of land bounded by a line having its
point of beginning at the intersection of the Northerly line of
Ponderosa Slay and Nimshew Road (County Road) and running Easterly
along the North line of said Ponderosa Way 836 feet; thence Northerly
parallel to East line of Nimshew County Road 293 feet; thence Westerly
836 feet thence Southerly 293 feet to point of beginning.
ALSO EX=CEPTING, THEREFROM; another parcel of land bounded by a line
having its point of beginning in the center of Nimshew County Road
293 feet Northerly from the intersection of the center lines of Pond-
erosa Vvay and Nimshew County toads; thence continuing Northerly along
the center of Nimshew County Road 209 feet; thence Easterly and
parallel with the South boundary of Lot 12, 418 feet; thence Southerly
and parallel to said Nimshew County Road 209 feet; thence Vesterly 418 Ts=
feet to a point of beginning.
ALSO EXCEPTING THEREFROIA another parcel of land bounded by a line
having its point of beginning on the East side of Nimshew County
Road 15 feet Southerly from the intersection of East line of Nimshew
County Road and North boundary of Lot 12; thence Southerly along
East side of said road 210 feet; thence Easterly parallel to North
boundary of Lot 12, 210 feet; thence Northerly 210 feet thence
Westerly 210 feet to the point of beginning; and except one parcel
described as follows:
COM-14ENCING at the intersection of the centerlines of Nimshew Ridge
Road and Ponderosa :lay, thence along the centerline of Nimshew Ridge
Road, North 2033'30" V7est 502.04' feet; thence South 88°44' Last a
distance of 418.0 feet to the point of beginning at the Northeast
corner of that certain parcel of-land described in the deed from
Margaret A. Horner to Hohn T. Pettit dated March 6, 1948 and
recorded June 7, 1948 in 3ook 474 of Official Records, at page 451;
thence from said point of beginning North 233'30" West, a distance
of 160.0 feet; thence North 88°44' Ylest a distance of 190.0 feet to
a point in the East line of the property described in deed from
Lloyd Ay Forester et- ux, to Fred N. Vilson et ux, dated April 20, 1958
and recorded April 25, 19581n Book "937" of Official Records, page
339, records of Butte County, California; thence South 2033'30" East
along the East lire of said Milson property a distance of 160.0 feet
to a point-on the North line of said Pettit property; thence South
880441
East a distance of 190.0 feet to the point of beginning.
ARCEL Tl':O•
The Southerly one-half of Lot 13, 'Section 27, Township 23, ,►tange 3 East.
one-half
0
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.. • p� 11
EXHIBIT SEVE-11
Owner: : Lorraine Claudia Miller, as her sole and separate property
Description:
A parcel of land in Lot 12 of fractional Section 27, Township 23 North,
Range 3 East, M.D.B.01. , more particularly described as follows:
Beginning at the intersection of the centerline of the Ninshew Ridge
Road with the South line of Ponderosa Way, said point being on the
Westerly line of said Lot 12 of said fractional Section and 622.50 feet '
North of the quarter section corner on the South line of the said
Section, which quarter corner is also the Southwest corner of' said
Lot 12; running thence South from said point of beginning along the
centerline of the said Nimshew Ridge Road, said line' being also the
West line of said Lot 12, a distance of 216.00 feet; thence leaving,
said line and running South 86'111 East and parallel with the South
line of the said Ponderosa Way a distance of 208.00 feet; running
thence North and parallel with the centerline of said Nimshew Ridge
Road a distance of 216.00 feet to the South line of said Ponderosa
Way; thence North 86x11' West along said line a distance of 208.00
feet to the point of beginning. Containing 1.03 acres, more or less.
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RECORDING REQUESTED BY:
� r illllllll!lIIIIIIIIIIIIIIIIIIIIIII
Fidelity National Title Company of 2000-0022048
California Recorded I REC FEE 10.00
Escrow No. 301652-SML Official
yyRecords I TAX 22.00
Title Order No. 00301652 CountBUTTEOf I
When Recorded Mai! Document CANDACE J. GRUBBS I
and Tax Statement To: Recorder I
Mr. and Mrs. Kenneth J. Clow ROSEMARY DICKSON I
Assistant I Maureen
903 Hobener Avenue 09:00AM 15-Jun-2M I Page 1 of 2
Hayward, CA 94541
APN: 066-360-046 GRANT DEED SPACE ABOVE THIS LINE FOR RECORDER'S USE
10
The undersigned grantorls) declarels)
Documentary transfer tax is $22.00
[ X 1 computed on full value of property conveyed, or
[ 1 computed on full value less value of liens or encumbrances remaining at time of sale,
( 1 Unincorporated Area City of Paradise
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Ruth C. Behr, Surviving Joint
Tenant
hereby GRANTIS) to Kenneth J. Clow and Nina L. Clow, husband and wife as Joint Tenants
the following described real property in the City of Paradise
County of Butte, State of California:
DATED: June , 2000
STATE OF CALIFORNIA / J
COUNTY OF ,�
ON ,J)er,�me, Ruth Beth
is VIA pens a ly appeafred
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the personjWwhose
name(sioare subscribed to the within instrument and
acknowledged to me that he/�1 /they executed the
same in his/oe Itheir authorized capacity(is.<, and that
by his/toe their signature(.?,)'on the instrument the
person(s), or the entity upon behalf, of which the
person(s)"acted, executed the instrument.
DIANE L SMITH
COMM.01175776
Witness my hand and official seal. _ Q OTARY PUBLIC-CALIFORNIA
/ BAN JOAQUIN COUNTY n
Signature � /c'rC�lC f� = / ��� COMM,EXP.MARCH E,7007
/L-
MAIL TAX STATEMENTS AS DIRECTED ABOVE
FD-213 (Rev 7/96) GRANT DEED
Order No. 301652 - B
EXHIBIT "ONE"
Being a portion of the Southeast quarter of Section 27, Township 23 North, Range 3
East, M.D.B.&M., and also being a portion of Lot 12 of said Section 27, and more
particularly described as follows:
Commencing at the Southeast corner of said Section 27, thence along the South line of
said Section 27, South 890 38' 12" West, 1824.68 feet to the true point of beginning
for the parcel herein described; thence from said true point of beginning North 30 18'
55" West, 632.83 feet to the centerline of Ponderosa Way; thence along said
centerline, South 890 52' 32" East, 150.72 feet thence leaving said centerline, South
15° 10' 32" East, 652.40 feet to the South line of Section 27; thence along said line
South 891 38' 12" West 284.68 feet to the true point of beginning.
Excepting therefrom those portions lying within the boundaries of Ponderosa Way.
Also excepting therefrom all mineral rights therein as conveyed to H. C. Crofoot by deed
from Charles Archer and Delia L. Archer, his wife, dated February 21 , 1923 and
recorded August 25, 1924, in Book 203, Page 242, of Deeds of Butte County.
Also excepting therefrom rights of way heretofore conveyed to Valley Counties Power
Company, a corporation and /or Pacific Gas and Electric Company, a corporation.
Also excepting therefrom that portion, if any, lying within the land described in deed
from Roy E. Lee, et al, to Irene L. Shapp, recorded February 28, 1972, in Book 1738,
Page 486, Official Records of Butte County.
Also excepting therefrom that portion, if any, lying within the land described in deed
from Donald B. Lee, et ux, to Sandra Lynn Duncan, recorded May 25, 1977, in Book
2174, Page 496, Official Records of Butte County.
Assessor's Parcel No: 066-360-046
2
0
Durling, Carl
From: Wannenmacher, Felix
Sent: Wednesday, June 15, 2005 10:52 AM
To: Durling, Carl; 'Stephen A. Streeter'
Cc: Miller, Gloria
Subject: LaMar Agenda Report(DET 05-03)
Hi Carl and Stephen,
---Htave reviewed the agenda report and have the following comments.
e—iKTFe analysis section, it would be helpful to start by setting forth the improper creation issue.
--You start with the history of grant deeds, but the second main paragraph starts to explain why there is a problem.
—*-might be easier for the Plan Comm to understand if you start with this information and explain it.
For the GP discussion, it is"General Plan Land Use Map."
Fifth bullet, second line, it should read "date on which the parcel was established."
Fifth bullet, subbullets, I would reverse the order and talk about them chronologically rather than in reverse order.
, The main bullet talks about when it was established, but you start in the subbullets with the last deed.
Third subbullet, add "greater than"before 2.5 acres.
Eight bullet, do you mean "can" rather than "will"?
r---Action I E is confusing. First you say it is consistent, then you say it is conditionally consistent.
In first sentence say"PROPOSED Parcel falls within the minimum lot size range of 1-acre to 40-acres for the current AR
r General Plan designation." The second sentence remains the same, but delete"also".
Felix
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and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you.
1
l`�V WTME/yp o
�
0 T,TF0 Department of Public Works o � o�
C o u n t y o f B u t t e
O O
0 o J. Michael Crump, Director LAND DEVELOPMENT DIVISION
O O 7 County Center Drive
c0U Nay Shawn H. O'Brien, Assistant Director Oroville,CA 95965
o y (530)538-7266
CIC WC�� (FAX)538-7171
September 12, 2005
Kenneth &.Nina Clow
903 Hohener Avenue
Hayward, CA 94541
Re: Certificate of Compliance
AP 066-360-046
Dear Mr. & Mrs. Clow:
Enclosed please find the Certificate of'Compliance that was issued by the Butte County
Planning Commission and recorded on August 3, 2005, under Serial Number
2005-0045593, in the office of the Butte County Recorder.
If you have any questions concerning this matter, please contact this office at (530)
538-7266, Monday through Friday, 8:00 a.m. to 4:00 p.m.
Sincerely,
<-; Stuart Edell
Manager, Land Development Division
SE/kp
Enclosure
cc: /Planning
seph P. La Mar, 14190 Citadel Way, Magalia, CA 95954
Division, Attn: Carl, DET 05-03
Environmental Health Department
Building Department
GIS, Attn: Larry
i. .
2005-0045593
AFTER RECORDING RETURN TO Red I RED FEE 10.00
Officialcial Records I
Butte County Public Works Dept. County of I
LAND DEVELOPMENT DIVISION Butte I
CANDACE J. GRUBB5 1
7 County Center Dr. County Clerk-Recorderl
Oroville, CA 95965 1
I MP
02:31PM B3-Aug-200.5 I Page 1 of 2
CERTIFICATE OF COMPLIANCE
Assessor's Parcel Number: 066-360-046
This Certificate of Compliance is hereby issued by the County of Butte to certify that the land C�
division that created the parcel of property identified below, complies with the applicable
provisions of the Subdivision Map Act and of Chapter 20 of the Butte County Code.
Issued to: Kenneth & Nina Clow
903 Hohener Avenue, Hayward, CA 94541
Property Location: South side of Ponderosa Way, approximately 870 feet East from its
intersection with Nimshew Road. Magalia area.
Description: All that certain property located in the County of Butte, State of California, more
particularly described in attached EXHIBIT "A".
This certificate relates only to issues of compliance or noncompliance with the Subdivision Map
Act and local ordinances enacted pursuant thereto. The parcel described herein may be sold,
leased, or financed without further compliance with the Subdivision Map Act or any local
ordinance enacted pursuant thereto. Development of the parcel may require issuance of a permit
or permits, or other grant or grants of approval.
Issuance of this Certificate is conditional upon the following condition(s) which have been
imposed pursuant to the Butte County Code Chapter 20-166 and Government Code, Section
66499.35 (b), to protect the public health and public safety: N O N E
State of California, County of Butte, on August 2, 2005 ' before me, Thomas L. Blixt, Notary Public,
personally appeared, Stuart Edell, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the person, or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal. County of Butte
THOMAS L. BLIXT, NOTARY PUBLIC STUART EDELL
Dl=PvrY C-00MTY5L)RVEYof{
THOMAS L BLDCT
Commission$1371740 Z
Notary Public-Caltfomia
Butte County
MyComrn Epires Aug 42W6
CERTIFICATE OF COMPLIANCE - Page 2
Kenneth &Nina Clow
AP 066-360-046
I
"EXHIBIT"A"
All that certain real property situate in the County of Butte, State of California, described as follows:
Being a portion of the Southeast quarter of Section 27,Township 23 North, Range 3 East, M.D.B. & M., and
also being aportion of Lot 12 of said Section 27, and more particularly described as follows:
COMMENGINC at the Southeast corner of said Section 27;
THENCE along.the South line of said Section 27, South 890 38' 12"West, 1824.68 feet to the TRUE POINT
OF BEGINNING for the parcel herein described;
THENE from said TRUE POINT OF BEGINNING North 30 18' 55" West, 632.83 feet to the center line of
Ponderosa Way;
THENCE along said center line, South 890 52' 32"East, 150.72 feet;
THENCE leaving said centerline, South 150 10'32"East, 652.40 feet to the South line of Section 27;
THENCE along said line South 890 38' 12"West 284.68 feet to the TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM those portions lying within the boundaries of Ponderosa Way;
ALSO EXCEPTING THEREFROM all mineral rights therein as conveyed to H. C. Crofoot by deed from Charles
Archer and Delia L. Archer, his wife, dated February 21, 1923 and recorded August 25, 1924, in Book 203,
page 242, of deeds of Butte County;
ALSO EXCEPTING THEREFROM rights of way heretofore conveyed to Valley Counties Power Company, a
corporation and/or Pacific Gas and Electric Company, a corporation;
ALSO EXCEPTING THEREFROM that portion, if any, lying within the land described in deed from Roy E. Lee,
et al, to Irene L. Shapp, recorded February 28, 1972, in Book 1738, page 486, Official Records of Butte
County;
ALSO EXCEPTING THEREFORM that portion, if any, lying within the land described in deed from Donald B.
Lee, et ux, to Sandra Lynn Duncan, recorded May 25, 1977, in Book 2174, page 496, Official Records of
Butte County; .
TOGETHER WITH that non-exclusive right of way for road and public utility purposes as described in that
"Grant of Easement an Agreement for Road Maintenance", recorded March 2, 1977, in Book 2149 at page
140, Official Records of Butte County.
NOTE: All new structures must meet the Fire Safe Regulations of the Butte County Code and
Public Resources Code 4290 and 4291.
END OF DOCUMENT
0
INTER-DEPARTMENTAL MEMORANDUM
TO: Carl Durling; Butte County Planning Division
FROM: Neil Sullivan, Butte County Environmental Health
RE: DET 05-03, APN# 066-360-046
DATE: April 11, 2005
This Department has reviewed the proposed parcel map for the above referenced property.
We approve this application with no conditions.
If you have any questions, please contact me at 891-2727.
NS/land/IDR's/LLD's/DET 05-03
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Page 1 of 1
Durling, Carl
From: Schroth, Eric
Sent: Thursday, April 07, 2005 8:19 AM
To: Durling, Carl
Subject: DET 05-03
Carl,
Per discussion with Stu, the legal lot determination for Kenneth Clow is complete.
Butte County Public Works
Land Development Division
7 County Center Drive
Oroville,CA 95965
Phone:(530)538-7266
FAX:(530)538-7171
5/23/2005
f•
•
Butte County
Department of Development Services
Planning
Memorandum
March 219 2005
To: Inter-Departmental Review Committee
Subject: DET 05-03, LaMar
Planner: Carl Durlin
APN: 066-360-046
Location 5834 Ponderosa Way, northwest of Magalia off of Nimshew Road.
30-.Day Com tete: April 1.2, 2005
Date of IDR: 04/06/2005 fig
Please respond by April 4, 2005, regarding completeness of application.
Do you find this application complete?
® I No. What is needed to make the application complete?
1. Require documentation showing that Clow owns property. Provide copy of vesting deed.
❑ IYes. Conditions and/or mitigation measures (please respond by 04/21/05).
Standard Conditions are attached. for your convenience.
Signature:
Date:
(Please send your response to cdurling@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
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
04/06/2005.
I
i
i
BUTTE COUNTY
LEGAL LOT DETERMINATION/
CERTIFICATE OF COMPLIANCE
STANDARD CONDITIONS
i
APPLICANT: Kenneth Clow DATE: 03/21/2005
AGENT: Joseph La Mar APN: 066-360-046
FILE#: DET 05-03 PLANNER: Carl Durling
PROJECT DESCRIPTION: Legal Lot Determination to allow the issuance of a Certificate of
Compliance for a parcel in the Maglia area.
Required for all Certificates of Compliance:
-,f Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is
$7.00 for the fust sheet plus $3.00 for each additional sheet. The estimated current cost for recording this
Certificate is $ 10.00 without conditions, $ 13.00 with conditions. This cost estimate is based on 1
page notification(first sheet), 1 pages(s)of legal description attached as Exhibit"A",and 1 page(s)
of conditions attached as Exhibit"B".
Health Dept. Conditions:
Prove that adequate quantities of domestic water for a single family residence are available to the parcel.
Prove that adequate sewage disposal area for a single family residence exists on the parcel.
Provide a "will serve" letter from verifying the property is within their district
boundaries and that they are willing and able to provide sewer service to the subject property.
Provide a "will serve" letter from verifying the property is within their district
boundaries and that they are willing and able to provide water service to the subject property.
Provide evidence that there are adequate quantities of potable domestic water available to property in
accordance with section 12 of the Subdivision Ordinance Improvement Standards.
Provide evidence that there is adequate useable sewerage disposable available to property in accordance
with Appendix VII of the Subdivision Ordinance Improvement Standards.
Public Works Conditions:
X Provide two-way traversable .access to the parcel from a publicly maintained road or state highway as
defined in the County Code.
Provide approved access to the parcel from a publicly maintained road or state highway in accordance with
the County Code. Minimum easement width to be_ feet.
Verify legal access to the parcel from Craig Access Road. Provide documentation from the State
Department of Water Resource Division of Parks and Recreation allowing the use of Craig Access Road as
access to the parcel.
Fire Dept.:
Place the following informational note on the Certificate of compliance "All new structures must meet Fire
Safe Regulations of the Butte County Code and Public Resources Code 4290 and 4291."
-Butte County Department of Development Services '0TtF
PLANNING DIVISION o
O 0
,
7 County Center Drive
Oroville,CA 95965 0 _` o
(530)538-7601 Telephone
(530)538-7785 Facsimile
March 21,2005
TO: CDF, Steve Fowler
FROM: Carl Durling, Butte County Planning Division
SUBJECT: Request for Comments on a Develop ment/Land Use Application
APPLICANT: Kenneth Clow,Legal Lot Determination - DET 05-03
APN: 066-360-046
DATE OF IDR*: 04/06/2005
*Inter-Departmental Review Committee
IDR RESPONSE REGARDING
COMPLETENESS OF APPLICATION DUE BY: April 4, 2005
AGENCY/DEPARTMENT
CONDITIONS/MITIGATION MEASURES DUE BY: April 21, 2005
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 04/06/2005, and/or to recommend conditions and/or mitigation measures
relevant to your agency's/department's area of expertise and jurisdiction.
PROJECT DESCRIPTION: Legal Lot.Determination to allow the issuance of a Certificate of
Compliance for a parcel in the Maglia area.
PROJECT LOCATION:. 5834 Ponderosa Way,.northwest of Magalia off of Nimshew Road.
COUNTY SUPERVISOR DISTRICT NO.: 5
ZONING: AR-2-1/2 (Agricultural-Residential, 2-1/2-acre parcels)
GENERAL PLAN: AR (Agricultural Residential)
If a response cannot be submitted prior.to the due dates listed above lease call Carl Durling at
P p � P g
(530) 538-7150 or send him an email at cdurling@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.
-IDR.COMMITTEE APPLICATION.COMRL;ETE
No (Please send response to Carl Durling by April 4, 2005)
=Yes measures due by April 21, 2005)
K:\Planning\Projects\CommentRequestForm.dot
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IDR Meeting
4,a-a1,+?- &,-7' ON--o 3 A 102 d
Proj ect Date
' O,✓O�t/14� y��u SCJ.� ✓L✓ � lei
Issues:
Department Issues Decision
CDF
Building
Ag Commissioner
Public Works �BGv„ZL�t,•i 'h��✓ � �u�w� GGoc�/a�,�s
Env Health
Assessor
County Counsel
j I
Durling, Carl
From: Wannenmacher, Felix
Sent: Wednesday,April 06, 2005 5:03 PM
To: Durling, Carl
Cc: Miller, Gloria
Subject: Clow (La Mar)Application (DET 05-03)A#05-147
Hi Carl,
We discussed this matter at IDR, but I am sending you written comments also.
I do not know what the problem is.
Until I do, I cannot evaluate the material presented.
Felix
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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.
1
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Wednesday,March 09,2005 " Development Services
PLANNING DIVISION ver. 1.0
Counter:1 DDS Planning $1,213.00
Person Chris (General Fund)
Payment Date 3/8/2005 Public Works $621.00
(Land Development)
Receipt Number 425598 Environmental Health $479.00
Received From Kenneth Clow CDF(Fire Department) $54.00
Applicant same — NOD/NOE $36.00
(Recording Fee)
Aunt Minnie $0.00
Application Number DET 05-03 $1, 500 or$2,000
or In Reference -
--- — Planning Review/EIR $0.00
Parcel Number 066-360-046
Fish/Game $0.00
Check Number/Cash $403 CASH
#114 CK$2000 — ALUC $0.00
iTotal Received $2,403.00 (Airport Land Use)
_ � � �
Non Sufficient $0.00
,,Total Fees Funds ($25.00 Fee)
• _ % $2,403.00 � - - ---
Cell Tower $0.00^
($2500.00) -- _ -
Public Sales/Copies $0.00
Other: $0.00
COUNTY OF BUTTE
AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT
OROVILLE, CA
ATR NO 82751
RECEIVED FROM PLANNING
BAG#316 DATE 31992006
FUND FUND DEPT ACCT CASH
DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT
DEPOSIT DATE: W9
RECEIPTS: -4256M
3PiANN--1NG APDL FEES GENL 0010 440001 42`10900 101001 1,513.00
Project Number . .Amount.o$Fee
APN:26U360=048-KE.NNE"M CLOWDET 05-03 $1,213.00 _
APN:073=130=031-RONALD MORRIS-ADAM 05-25 $300.00
LAND DEVELOPMENT GENL 0010 440004 A611700 101001 621.00
Project Number Amount of Fee
APN:066-380-046-KENNETH CLOWDET 05-03 $621
EWRONMEsNTAL HLTH GENL 0010 5400I03 46149031 101001 479.00
Project Number Amount of Fee
APN:066-360-046-KENNETH CLOWDET 05-03 $479.00
FIRE PLNG APPL FEE: FIRE PROTECT 0100. . 4617240 101001 54.00
Project Number Amount of Fez
APN:066-360-048-KENNETH CLOV%LDEf 05-0-3 $154.00
NODINOE CLERK'S FILING FE GENL 0010 470001 4512:319 101001 36.00 ,
_ _ _ .( ) Project Number Amount sof Fee
�APkd-6 -380-04L�-KtftNETH CLOWDET 05-03
AUNT MINNIE DEPOSITS PLAIN-PERF TR 1001 2110.1. 10311305 2,000.00
(1500mm) Project Dumber Amount of Fee
APN:t173-130!-031-R0NAi n M0RRJ9-ADk105-25 $2,M, 0.00
DOCUMENTICOPY SALES GENL 0 010 44=1 4711910 1001001 15.00
TOTAL .4J19e00
APPROVED BY: RECEIVED BY--
AUDITOR-CONTROLLER
Y:AUDITOR-CONTROLLER TREASURER
white=treasurier pink--auditor canarddepositor golden mdr-file
HAZEL A. CIARLO _- .--_.. - _.. . 1 14
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HAYWARD,CA 94541 90-78/1211
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Received By
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aq CHECK $7066
By
DAVCO BUSINESS FORMS•(530)743-8511 Form 75702
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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 n
25 County Center Drive l�
Oroville, CA 95965
'AIIA - 2005
Project Title: Legal Lot Determination, DET 05-03 NDUTY CLERK
PEPUIY
Assessor's Parcel No.: 066-360-046
Applicant: Joseph LaMar;14190 Citadel Way, Magalia, CA 95954
Project Location-Specific: 5834.Ponderosa Way, northwest,of Magalia off of Nimshew Road
Project Location-City: Magalia Project Location-County: Butte
Description of Nature, Purpose and Beneficiaries of Project: Legal Lot Determination to allow the
issuance of a Certificate of Compliance fora parcel in the Magalia area
Name of Person or Agency Approving Project: Butte County Planning Commission or 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 General Rule Exemption. State type and section number: 15061 (b)(3)
Statutorily Exempt— 15274(a)
Reasons why project is exempt: The activity is covered by the general rule that CEQA applies only to
projects, which have the potential for causing a significant effect on the environment. Where it can be
seen with certainty that there is no possibility that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA.
Contact Person: Carl Durling Telephone: (530) 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:
SignatuJoe Hunter
Special tsistant to Chief Administrative Officer
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DECLARATION OF FEES DUE
(California Fish and Game Code Section 711.4)
NAME AND ADDRESS OF APPLICANT
Joseph LaMar
14190 Citadel Way
Magalia, CA 95954
FILING NO.
Project Title/File Number: Legal Lot Determination,DET 05-03
APN: 066-360-046
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. (X) PAYMENT: The above fees have been paid.
See attached receipt(s)#425598
2. ( ) NON-PAYMENT: The above fees are required. Not paid.
Chief Planning Official
By: Joe Hunter
Title: Special Assistant to Chief
Administrative Officer
Lead Agency: Butte County Department of
Development Services
Date: August 1, 2005
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.
COUNTY OF BUTTE
AUDITOR'S CERTIFICATE AND TRE:ASURER'B RECEIPT
OROVILLE, CA
ATR NO 02751
RECEIVED FROM PLANNING
BAG#316 DATE 31912006
FUND FUND DEPT ACCT CASH
DESCRIPTION TITLE CODE CODE CODE CODE .AMOUNT
DEPOSIT DATE:' 3M
RECEIPTS: 4255S9-42
PLANNING APPL FEES � GENL 0010 440Wi 4210900 101001 1,513.00
- Project Number Amount of Fee
AM066-360-043-KENNETH CLO1t+1-DET 05-43 $1,213.00
APN:073-130-031-RONALD MORRIS-ADM 03-25 - - $:300.00--
LAND DEVELOPMEWT GENL 0010 440004. 461170D 101001 621.00
Project Number Amount of Fee
APN:068-380.046-KENNETH CLOWDET 05-03 .$821
EWRONMENTAL HLTH GENL 0010 54MM 46`149901 101001 473.Ob
Project Number Amount of Fee
APN:065-360-046-KENNETH CLOIA DET 05-03 $4178.00
FIRE PLNG APPL FEE FIRE PROTECT 0100 . 461-7240 101001 58.00
Project Number amount of Fee
APN:068-3110-046-KENNErri CLOWDEf 05-03 $54.00
NODINOE CLERK'S FILING FE GENL 1 0310 470MI 4612318 101001 36.00 ,
($36) Project Number Amount of Fee
''APN QN 380-046:KENNETH CLrJWDET 05-03 $36.00
L UI T MINE DEPOSITS -_ PLAN-PERF TR 1001 _ _ __ 280 1011305 . 2,WJ.00
(1 D) Projekt Number Amount of Fee
APN:073--13M31:RGjNALD MORRIS-ADN10.5.25 $2.000.00
DOCUMENTICOP l SALES GENT. 0010 44. 1 4711910 1+01001 15.00
TOTAL. $ 4J19.00
APPROVED BY: RECEIVED BY-
AUDITOR-CONTROLLER
Y:;AUDITOR-COI' OL!ER TREASURER
White--treasurer fink---auditor canar y=depositor .colden rorfale
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