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HomeMy WebLinkAboutDET 07-0004_PLANNING �5 SEPARATOR SHEET. APN C�61 - �i '-Ib - U31 PROJECT NUMBER DAY CJ's - OOU1 PROJECT SUMMARY SHEET FILE NO.: DET07-0004 PROJECT TYPE: LEGAL LOT DETERMINATION APN: 061-440-031 APPLICANT: CUNNINGHAM, ROY& SHIRLEY ADDRESS: P O BOX 141,BERRY CREEK, CA .95916 PHONE: 5305192874 OWNER: CUNNINGHAM, ROY&SHIRLEY ADDRESS: P O BOX 141, BERRY CREEK,CA, 95916 REPRESENTATIVE: N/A ADDRESS: PROJECT DESCRIPTION: A request to determine the legality of APN 061-440-031 located at 66 Bonnie Meadow Lane in Berry Creek. LOCATED: 66 Bonnie Meadow Lane,Berry Creek, CA 95916 PROPERTY ZONED: U(Unclassified) GENERAL PLAN DESIGNATION: AR(Agricultural Residential) TOWN/AREA: Berry Creek 1. Application accepted: 4/6/2007 Amount: $2682.50 Receipt#: P400 2. - Assigned To: Chris Thomas 3.. Comments sent to: Development Services Director,Public Works Director, Environmental Health,Assessor, LAFCo,Agricultural Commissioner&CDF. 4. Sent to Inter-Departmental Review Committee(IDR): April.24,2007 5. Status Letter sent to applicant: - 6. Date scheduled for IDR: May 2, 2007 7. Comments received from: 8. Rezone Petition Signatures Checked: 9. Mailing List/Lead-in Sheet: 10. Environmental Determination: Clearinghouse circulation required: Yes No Date Sent to SCH: State Clearinghouse No. Categorical Exemption-CEQA# O Negative Declaration De Minimis: Mitigation Negative Declaration Subject to Fish& Game: Environmental Impact Report Gen. Rule Ex.—CEQA# Other 11. Staff Recommends: Approval Denial 12. 'Planning Commission Hearing(s): Action taken: 13.. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 14. Send letter of approval/denial to applicant/representative: 15. Give copy of letter of approval/denial to Environmental Health, Building, and Land Development 16. N.O.E./N.O.D. /APPENDIX G: Fish&Game Fees Paid: Yes No KWplanning/projects/a new file/summary sheets/det summary sheet Revised 11/01/05 Butte County Department of Development Services ��T TF TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 7 County Center Drive o 0 0 0 Oroville,CA 95965 (530)538-7601 Telephone o M =�" o (530)538-7785 Facsimile COV Nay Project# . PROJECT INFORMATION'S ' APPLICANT'S NAME: (If a Ii ti is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: 'v �' QGI - 44-0 - o3a ADDRESS: STREET,CIT TATE,&ZIP CODE TELEPHONE: Ale E-MAIL: FAX: r-- AlA- ( ) - OWNER'S NAME: g /G TELEPHONE: 5>4 t rL LC-4 C O M,V I M&R Awl (53 b ) S' q -Z"74 `AD`/DRESS: (OlQ STREET,CITY,STATE,&ZIP CODE: OoKY ? AQ: i-ac,, arfd -e5S-' Lo OdX /�l. f3e1'Yy (�YL.C4 p /15 16' i,,,PROPERTY INFORMATION NAME OF PROPOSED PROJECT(if any) SITE SIZE(in square feet or acres) S A e2&�S LOCATION OF PROJECT(major cross streets and address,if any) &N ti M L—A,'J t' E W-E N G0s tZ,o C f— 2ega ZONE/ l GENE AN EXISTING LAND USE PROPOSED LAND USE V EXISTING STRUCTURES(square feet) . PROPOSED STRUCTURES(square feet) UNDER WILLIAMSON ACT CONTRACT ❑Yes ®No (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ® PROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION TYPE ' ❑ADMINISTRATIVE PERMIT ❑TENTATIVE SUBDIVISION MAP LEGAL LOT DETERMINATION ❑TENTATIVE PARCEL MAP ❑USE PERMIT ❑WAIVER OF PARCEL MAP ❑MINOR USE PERMIT ❑CERTIFICATE OF CORRECTION ❑COMMUNICATIONS FACILITY UP/MUT ❑REZONE ❑VARIANCE ❑GENERAL PLAN AMENDMENT ❑MINOR VARIANCE ❑MINING AND RECLAMATION PLAN ❑LOT LINE ADJUSTMENT ❑DEVELOPMENT AGREEMENT ❑CERTIFICATE OF MERGER ❑OTHER PROJECT DESCRIPTION'' FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size of parcels.) OWNER CERTIFICATION I CERTIFY THAT I 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 include the affidavit with s application.) DATE: Ih to SIGNATURE: JJ-" - - V AGENT AUTHORIZATION utte County,Department of Development Services: C 0/ts 5i Print Name of Agent. Phone 1,46riber 1 u i N 5 -eT O �zt� ed 959 Mailing Address is hereby authorized to process this application on my/our pr ide led as Butte County Assessors Parcel Number(s) fot-440- 031 This authorization allows representation for all applicatio earings,appeals, tc. and to sign all documents necessary for said processing,but not including document(s)relatin o record title interest. Owner(s)of Record(sign and print name) Print Name Print Name Signature Signature Print Name Print Name Signator Signature Print Name of Applicant(if other than owner) Signature of Applicant(if other than owner) Print Name of California Civil Engineer/Land Surveyor Phone Number Mailing Address Email Address Revised 07/13/06 K:\Planning\FORMS\Applications\Proj ectInfoForm_Agent_only.doc eT�S - 12 Butte County Department of Development Services �0T tF TIM SNELLINGS,DIRECTOR PETE CALARCO,ASSISTANT DIRECTOR o `�\��� �`��i 0o 7 County Center Drive o _- +` o -. _�, Oroville,CA 95965 o : ® o (530)538-7601 Telephone C y (530)538-7785 Facsimile LEGAL LOT DETERMINATION APPLICATION Applicant Name: Project Number: ET07-0 0o If approved, a Certificate of Compliance will be issued for the property. The Planning Commission may impose conditions on the Certificate of Compliance (making it a Conditional Certificate of Compliance). Conditions must be fulfilled prior to any development on the property or subsequent transfer of the property. (Ord. No. 3188, § 1(Exh.A),3-14-95) APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services staff prior to submitting an application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Planner 1. ❑ A completed, signed Project Information Form. 2. ❑ If the application is signed by an agent for the property owner, an Agent Authorization Form must be submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 3. ❑ Payment of the currently required Application Fees. Make checks payable to "Butte County Treasurer". Public Fee Schedule is available under "Fees" at: hM://www.buttecolm .net/dds/Planni Application fees are non-refundable C Applicant's Initials 4. ❑ Verification of ownership(e.g., current vesting deed or current title report) 5. ❑ Evidence of how the parcel in question was created(e.g., "creation deed(s)" in the form of a grant deed or gift deed, or other recorded document). This evidence may be obtained from a title company or you may research records available at the County Recorder's Office. • 1 - t a � t - 3 ``J----•—�=i:'.-•3�...r�':, - ice. t 1 r . 1 b r 1 Applicant Planner 6. ❑ ❑ SITE PLAN: Twelve (12) copies of a detailed site plan, drawn to standard engineering scale (e.g., 1" = 100'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on 81/2" X 11" size sheets. The detailed map must include: a• - ❑ Ej Name and business address of the applicant or person who prepared the map. b• ❑ © The Assessor Parcel Number and the street address. c• ❑ ❑ Property lines, lot dimensions and any applicable easements of record or proposed. d. ❑ Dimensioned locations of existing and proposed public and private improvements on the property (including, but not limited to, buildings, roads, driveways, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage systems and lighting). Label all items shown on the map. ` e. ❑ ❑ Show private road access, if any, and routes)to the nearest publicly maintained _road. Oro— O V44 f. ❑ �North arrow and scale of drawing. g• ❑ All documents and maps shall be clear and legible. Additional information may be required in order to clarify, correct or supplement the above submittal information as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Please call the Planning Division of the Department of Development Services at (530) 538-7601 if you have any questions about these requirements. Signature: Date: Applicant/Representative Signature: Date: Planner Receiving Application K:\Planning\FORMSWPPLICATIONS\Lega1_Lot Determination.doc Revised 09/05/06 2 BUTTE COUNTY.PLANNING COMMISSION MINUTES July 26,2007 I. PLEDGE OF ALLEGIANCE II. PRESENT: Commissioners Nelson, Wilson, Leland, and Chair Lambert . ABSENT: Commissioner Marin ALSO PRESENT: County Counsel Roger Wilson,Deputy County Counsel Development Services Charles Thistlethwaite,Planning Manager. Stacey Jolliffe,Principal Planner,Current Planning Mark Michelena, Senior Planner Chris Thomas,Associate Planner Chris Tolley,Associate Planner Carl Durling,Associate Planner Tina Bonham, Commission Clerk Environmental Health Doug Fogel Public Works Eric Schroth III. ACCEPTANCE OF AGENDA-Commission members and staff may request additions, deletions,or changes in the Agenda order. It was moved by Commissioner Wilson, seconded by Commissioner-Nelson, and carried by the following vote Ayes: Commissioners Nelson, Leland, Wilson, and Chair Lambert Noes:None Absent: Commissioner Marin to accept the agenda, IV. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA, (Presentations will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on any item presented if it is not listed on the Agenda) V. CONSENT AGENDA Consent items are set for approval in one motion. These items are considered non- controversial,No presentations will be made unless the item is pulled from the Consent Agenda for discussion.Any person may pull an item from the consent agenda. A. DET 06-19—staff recommended approval Name: Gerald Wilson Project: Legal Lot Determination Planner: Chris Tolley APN: 065-210-032 Zoning: RT-1-A Location: The parcel is located on the East side of Wood Drive about 500'south of Fir Haven Drive, in the community of Magalia. 11 BUTTE COUNTY PLANNING COMMISSION■MINUTES■JULY 26,2007,■v PAGE I r Proposal: The applicant is requesting a legal lot determination for a portion of original Lots 552 and 553 within the Fir Haven Subdivision created by deed.The grantor was the original subdivider of the Fir Haven Subdivision. Chair Lambert requested to pull this item from the consent agenda. There is a 15-day appeal period on decisions with the Clerk of the Board. B. DET06-0037—staff recommended approval Name: Noreen Jones Project: Legal Lot Determination Planner: Chris Tolley APN: 058-160-070 Zoning, FR-20 Location: The parcel is located on the east and west side of Jordan Hill Road,2.8. miles northwest of the.Jordan Hill Road and Concow Road intersection. Proposal: The applicant is requesting a legal lot determination for a parcel created by grant deed in 1968;however,without access to a County maintained road. Chair Lambert requested to pull this item from the consent agenda. There is a 15-day appeal period on decisions with the Clerk of the Board. C. DET07-0006—staff recommended approval Name: Steven Hernandez Project: Legal Lot Determination Planner: Chris Tolley APN: 028-390-052 Zoning: A-5 Location: The parcel is located on Grimy Gulch Road,approximately 0.25 mile west of La Porte Road, near the community of Bangor. Proposal: The applicant is requesting a legal lot determination for APN 028-390- 052. The parcel is part of a Culet Judgment Area,and requires a Certificate of Compliance prior to the issuance of development permit. There is a 15-day appeal period on decisions with the Clerk of the Board. D. DET07-0007—staff recommended approval Name: Steven Hernandez Project: Legal Lot Determination Planner: Chris Tolley APN: 028-390-043 Zoning: A-5 Location: The parcel is located at the end of Chiefs Track Lane,approximately 0.20 mile northeast of Prides Way,near the community of Bangor. Proposal: The applicant is requesting a legal lot determination for APN 028-390- 043. The parcel is part of a Culet.Judgment Area, and requires a Certificate of Compliance prior to the issuance of a development permit. There is a 15-day appeal period on decisions with the Clerk of the Board. E. DET07-0008—staff recommended approval ■BUTTE COUNTY PL-ANNING COMMISSION■MINUTES•JULY 26,200,av PAGE 2■ Name: Steven Hernandez Project: Legal Lot Determination Planner: Chris Tolley APN: 028-390-044 Zoning: A-5 Location: The parcel is located at the end of Chiefs Track Lane, approximately 0.20 mile northeast of Prides Way,near the community of Bangor. Proposal:. The applicant is requesting a legal lot determination for APN 028-390- 043. The parcel is part of a Culet Judgment Area,and requires a Certificate of Compliance prior to the issuance of a development permit. There is a 15-day appeal period on decisions with the Clerk of the Board. It was moved by Commissioner Wilson, seconded by Commissioner Nelson, and carried by the following vote Ayes: Commissioners Nelson, Wilson,Leland, and Chair Lambert Noes:None Abstain:None Absent: Commissioner Marin To approve the consent calendar adopting Resolution PC 07-40 approving DET07-0006,PC 07-41 approving DET07-0007,and PC 07-42 approving DET07-0008 for Steven Hernandez. B. DET07-0004—staff recommended approval Name: Roy& Shirley Cunningham Project: Legal Lot Determination Planner: Chris Thomas APN: 061-440-031 Zoning: U Location: The parcel is located at 66 Bonnie Meadows Lane in Berry Creek. Proposal: A request to determine the legality of APN 061-440-031. Chair Lambert requested to pull this item from the consent agenda. There is a 15-day appeal period on decisions with the Clerk of the Board.. VI. PUBLIC HEARINGS The Chair will call for staff comments. The hearing will be opened to the public for proponents,opponents,comments,and rebuttals. The hearing will be closed to the public and discussion confined to the Commission. The Commission will then make a motion and vote on the item. It is requested that public initiated presentations be limited to a maximum of'5 minutes so that all interested parties will have an opportunity to address the Commission. Following your presentation, please print your name and address on the speakers sheet so that the record will be accurate. The recommendation of County staff'is indicated below It is only a recommendation and has not yet been considered by the Planning Commission. Copies of the Staff Report are available at the Planning Division Office, A. DET 06-19-staff recommended approval Name: Gerald Wilson Project:Legal Lot Determination Planner: Chris Tolley APN: 065-210-032 Zoning: RT-1-A Location: The parcel is located on the East side of Wood Drive about 500' south of Fir Haven Drive, in the community of Magalia. Proposal: The applicant is requesting a legal lot determination for a portion of original Lots 552 and 553 within the Fir Haven Subdivision created by deed.The grantor was the original subdivider of the Fir Haven Subdivision. " BUTTE COUNTY PLANNING COMMISSIONn MINU rES■JULY 26,2007,w PAGE 3■ . Chair Lambert asked about a condition for sewage disposal. Ms: Stacey Jolliffe said that was covered under Condition 3. It was moved by Commissioner.Nelson, seconded by Commissioner Wilson, and carried by the following vote Ayes: Commissioners Nelson, Wilson,Leland, and Chair Lambert Noes: None Abstain:None Absent: Conunissioner Marin to approve DET 06-19 for Gerald Wilson and adopt Resolution PC 07-40. There is a 15-day appeal period on decisions with the Clerk of the Board. C. DET06-0037—staff recommended approval Name: Noreen Jones Project: Legal Lot Determination Planner: Chris Tolley APN: 058-160-070 Zoning: FR-20 Location: The parcel is located on the east and west side of Jordan Hill Road,2.8 miles northwest of the Jordan Hill Road and Concow Road intersection. Proposal: The applicant is requesting a legal lot determination for a parcel created by grant deed in 1968; however,without access to a County maintained road. Chair Lambert asked if the APN's in the staff report are correct. She said that some appeared to be different. Mr. Eric Schroth explained that access was granted through three different legal creations. He explained why there are several APN's listed and how the easements were obtained to gain access to the project parcel. Commissioner Nelson asked if the parcel would become two parcels. Mr. Tolley said that it would stay as one parcel. Chair Lambert asked how the Planning Commission can apply the agricultural buffer. Ms.Jolliffe said the agricultural buffer will apply at the time of building permits. Mr: Charles Thistlethwaite said that Condition 4 may need new language to safeguard the agricultural buffer. He gave the new language "Place the following informational note on the Conditional Certificate of Compliance: "The location of the residential dwelling shall comply with Section 24-286 of Butte County Code implementing Policy 2.2 of the Agricultural Element of the Butte County General Plan,which requires consideration of a minimum 300-foot setback between agricultural and new residential uses." ■BUTTE COUNTY PLANNING COMMISSION■MINUTES r JULY 26,2007,■v PAGE 4 r It was moved by Commissioner Nelson, seconded by Commissioner Wilson, and carried by the following vote Ayes: Commissioners Nelson, Wilson, Leland,and Chair Lambert Noes: None Abstain:None -Absent: Commissioner Marin to approve DET06-0037 for Noreen .Tones with the change to Condition 4 to read as "Place the following informational note on the Conditional Certificate of Compliance: "The location of the residential dwelling shall comply with Section 24-286 of Butte County Code implementing Policy 2.2 of the Agricultural Element of the Butte County General Plan,which requires consideration of a minimum 300-foot setback between agricultural and new residential.uses"and adopt Resolution PC 07-40. There is a 15-day appeal period on decisions with the Clerk of the Board. D. DET07-0004—staff recommended approval Name: Roy & Shirley Cunningham Project: Legal Lot Determination Planner: Chris Thomas APN: 061-440-031 Zoning: U Location: The parcel is located at 66 Bonnie Meadows Lane in Berry Creek. Proposal: A request to determine the legality of'APN 061-440-031. Chair Lambert asked about the number of units on a cul-de-sac rule and if second dwellings are allowed in the U zone. Mr.Chris Thomas said second dwellings are allowed. Ms..lolliffe said that the lot was created prior to the 20 unit maximum on a cul-de-sac rule. Commissioner Nelson asked if the Planning Commission could add a condition that would not allow a second dwelling. Mr. Thistlethwaite said yes. Ms. Shirley Cunningham asked the Commission to clarify what they were deciding. She was unsure as to what they were talking about. Commissioner Nelson said the Commission was looking at not allowing a second residence on her property. Ms. Cunningham said the she didn't believe that Stephens Ridge was a cul-de-sac. Mr. Thomas said the per the GIS system Stephens Ridge is a rural cul-de-sac. Ms.Jolliffe said that a language change to the Resolution under 11 B could read as"The Conditional Certificate of Compliance is for a parcel on the rural-cul-de-sac Stephens Ridge Road that serves more than twenty parcels, several of which are less than twenty acres in size. Although non- . compliant with Butte County Code Section 20-133,this Conditional Certificate of Compliance will ■BUTTE COUNTY PLANNING COMMISSION■MINUTES■JULY 26,2007,■v PAGE 5■ not be detrimental to the health,safety and welfare of the surrounding area provided no second unit is allowed on the parcel consistent with Condition of Approval 2." It was moved by.Commissioner Wilson, seconded by Commissioner Nelson, and carried by the following vote Ayes: Commissioners Nelson,Wilson,Leland,and Chair Lambert Noes: None Abstain:None Absent: Commissioner Marin to approve DET07-0004 for Roy&Shirley Cunningham with the change to the Resolution II B to read as"The Conditional Certificate of Compliance is for a parcel on the rural-cul-de-sac Stephens Ridge Road that serves more than twenty parcels,several of which are less than twenty acres in size. Although non-compliant with Butte County Code Section 20-133, this Conditional Certificate of. Compliance will not be detrimental to the health,safety and welfare of the surrounding area provided no second unit is allowed on the parcel consistent with Condition of Approval 2" and adopt Resolution PC 07-41 There is a 15-day appeal period on decisions with the Clerk of the Board. D. TSM 05-18—staff recommended continuance to September 27, 2007. Name: Stephan Schuster Project: Tentative Subdivision Map Planner: Stacey Jolliffe APN: 047-230-028 and 047-700-003 Zoning:A-40 APN: 047-700-004 Zoning: SR-3 Location: Approximately 2.5 miles east of State Highway 99 on the north side of Keefer Road, east of the terminus of Hicks Lane at Keefer Road, at 3746 Keefer Road, Chico. Proposal: A Tentative Subdivision Map.. Ms. .lolliffe gave a brief explanation of why staff is requesting a continuance. Chair Lambert opened the public hearing. There was no one present to speak regarding the item. Chair Lambert closed the public hearing and confined comments to Commission and staff. It-was moved by Commissioner Nelson, seconded by Commissioner Leland, and carried by the following vote -Ayes: Commissioners Nelson,Leland, Wilson,and Chair Lambert Noes:None Absent: Commissioner Marin Abstain:None to continue open TSM 05-18 for Stephen Schuster until September 27, 2007.. E. TPM 05-24 - staff recommended continuance if legal access to 7`" Street is not proven r BUTTE COUNTY PLANNING COMMISSION■MINUTES r JULY 26,2007,ry PAGC•6■ Name: Georgia Nelson Project: Tentative Parcel Map Planner: Carl Durling APN: 030-160-017 Zoning: AR Location: Parcel is located on the west side of 7"'Street,approximately 2,300 feet south of Thermalito Avenue, in the Thermalito area of Groville (Fernandez Land Grant, West of Sec. 13,T19N R03E,MDB&M). Proposal: This project is a Tentative Parcel Map to divide a 2.68-acre parcel into four (4) parcels and a request for an exception to Butte County Code 20-133 . . prohibiting more than 20 parcels on a cul-de-sac, and improvement standards (conditions 7 and 11). - Mr. Carl Durling gave a summary of the project. Chair Lambert opened the public hearing. Mr.Bill Dinsmore said the applicant has provided proof of legal access to Public Works. The proof was provided recently and Public Works has not had time to review the information. He said the applicant does not mind waiting until the next Planning Commission meeting. Chair Lambert said there are the exception requests to Conditions 7 and 11 that need to be addressed. Commissioner Nelson asked if applicant planned on using both access points to the properly. Mr. Dinsmore said that parcels 1-3 would go to 7°'Street and parcel 4 would use Middlehoff. He said that the County needs to build a road to Feather. Commissioner Nelson brought up the difference between a dead end street and a cul-de-sac and what would be applied to the 20 parcel ordinance. Mr.Dinsmore said that he didn't believe that the applicant should have to deal with both the private road and the County road. Chair Lambert asked how Public Works sees the project. Mr.Eric Schroth said that Public Works looks at safety issues. He brought up the circumstance of a automobile accident blocking the road. Commissioner Leland asked if Public Works could require lesser standards. Mr. Schroth said that if lesser standards are applied the traffic would eventually undermine the road. Chair Lambert asked what part of Middlehoff was private and what part was County maintained. Mr. Durling showed on the map where Middlehoff is a private road. Commissioner Leland asked if Butte County had allowed break-away gates. Mr. Schroth said yes. ■BUTTE COUNTY PLANNING COMMISSIONr MINUTES■JULY 26,2007,■v PAGE 7■ Commissioner Leland said it was his opinion that a break-away gate is all that the County can require. Commissioner Nelson asked if there was emergency access on 7°'Street. Mr. Schroth said there are houses on 71h Street so the County couldn't have a locked gate there. Commissioner Wilson asked if the County could do a joint venture with applicants to connect some of these roads and delete the cul-de-sacs. He said that Thermalito has several areas with this type of issue. Mr. Schroth said that is not Butte County's practice. Commissioner Nelson said that many ideas were brought up today. He would like staff to review them and try and find a solution that works for both the applicant and the County. Commissioner Leland said that he is not inclined to grant an exception. Mr. Dinsmore said that the public does not have the right to use the private road. He wouldn't have a problem using it for emergency access only. Commissioner Wilson said that people will buy houses on cul-de-sacs to stay away from traffic. Chair Lambert said that if Commissioner Wilson is correct,that there are several areas like this,then the decision that is made will set precedence for future projects. She said she is inclined to approve a partial exception if there is emergency access. Commissioner Wilson agreed. Commissioner Nelson asked if Public Works would be comfortable with an emergency access point. Commissioner Leland said he is concerned how an emergency access point will effect the no more . than 20 units on a cul-de-sac rule. Mr. Schroth said he will have to research the issue. Mr.Dinsmore said that an open road would generate more traffic. The emergency access needs to be gated. Mr.Durling said staff would have to work with California Department of Forestry on gate and road requirements. Chair asked if all four parcels would be able to use the emergency access point. Mr. Durling said yes. It was moved by Commissioner Leland, seconded by Commissioner Nelson, and carried by the following vote Ayes: Commissioners Nelson, Leland,Wilson,and Chair Lambert ■BUTTE COUNTY PLANNING COMMISSION■MINUTES JULY 2G,2007,■v PAGE 8■ Noes:None Absent: Commissioner Marin- Abstain: arinAbstain:None to continue open TPM 05-24 Georgia Nelson until August 23,2007. There was a 20 minute break. F. UP 06-04 - staff'recommended approval Name: Cletus Graber Project: Use Permit Planner: Carl Durling APN: 028-260-070 Zoning: U Location: Parcel is located on the east side of Los Verjeles Way,about 950'south of La Porte Road, in the community of Bangor. Proposal: A request by Cletus Graber on behalf of the Maranatha FellowsNp for a Use Permit to locate the Maranatha Fellowship Church and a 25-space parking lot on a 22,414 square foot parcel in the U(Unclassified)zone(C(Commercial)General Plan designation). Mr.Durling gave a summary of the project. Chair Lambert asked if there were any Williamson Act properties near the project site. Mr.Durling said no. Chair Lambert opened the public hearing.. Mr. Cletus Graber said he hopes the church will be a positive influence on the community. Chair Lambert closed the public hearing and confined continents to Commission and staff. Commissioner Wilson asked if 25 parking spots for a church that can hold 150 people is typical. Mr.Durling said yes. Those numbers abide by the Code. It was moved by Commissioner Wilson, seconded by Commissioner Leland, and carried by the following vote Ayes: Commissioners Nelson, Wilson,Leland,and Chair Lambert Noes: None Abstain:None Absent: Commissioner Marin to approve UP 06-04 for Cletus Graber and adopt Resolution PC 07-44. There is a l0-day appeal period on decisions with the Clerk of the Board. G. UP06-0029 - staff recommended approval Name: Georgia Gipson Project: Use Permit Planner: Mark Michelena APN: 041-330-017 Zoning: U and S/H ■BUTTE COUNTY PLANNING COMMISSION■MINUTES JULY 26,2007,■v PAGE 9■ Location: The parcel is located on the northeast corner of Highway 70 and Pentz Road,north of Oroville. Proposal: A proposed 6,800 square foot,6 bedroom home to be used as a residential care facility for the elderly. There will be up 10 ten elderly residents with 1 to 2 staff at any given time. The facility is to be licensed through community care licensing of California. Commissioner Leland recused himself due to a conflict of interest. Mr. Mark MicheIena gave a summary of the project. Commissioner Nelson asked about the noise level from the nearby railroad. Mr.Michelena said that the applicant would be the best person to answer that question. Chair Lambert asked what agency determines the level of staff required. Mr.Fogel said that the second sentence of Condition 14 needs to be stricken. Chair Lambert opened the public hearing. Chair Lambert asked if a new septic system is going to be installed. Mr.Louis Gipson said his care facility will be at the bottom level of care needed. His residents won't need hospital care. The state mandates how to staff these types of facilities. The agency is called Community Care Licensing. Commissioner Nelson asked if the residents were people who just couldn't live by themselves any longer.. Mr.Gipson said that some residents may need insulin shots,but more medical need would require a different level of care facility, such as a rest home. There is a 1500 gallon septic tank on site. He will be adding an additional 1500 gallon tank and 500 feet of leach line. Commissioner Nelson asked about noise levels from the railroad. Mr. Gipson said that he is building a cement building that will negate most of the noise issues. Ms. Laura-Lyn Burch said the highway and railroad can be very noisy. She is concerned with the noise during construction and asked that the time be changed from 6 a.m.' start time to 7 a.m. She said there isn't any screening of location from the scenic highway, Commissioner Nelson asked if Ms. Burch was asking for landscaping. Ms.Burch said yes. She said the Mitigated Negative Declaration was incorrect. The location is in a rural area and there is a fire hazard. BUTTE COUNTY PLANNING COMMISSION■MINUTES■)UL.Y 26,2007,■v PAGE 10■ Chair Lambert said that the finding and conditions are correct even though the Mitigated Negative Declaration was not correct... Ms. Burch asked how she could access the driveway requirements. Mr. Schroth said those are not available at this time. Ms. Burch said.she is concerned that an emergency vehicle may have difficulty turning into the driveway from the south. She said the Cherokee fire station is a volunteer station and that the Mitigated Negative Declaration said the area was predominantly commercial,but it is a rural area. She does not want her quality of life affected. Ms. Cindy Williams lives next door. She is concerned with noise during construction. Mr. Brandon Williams is concerned about removal of oak trees, dust, and noise from the construction. Commissioner Nelson asked if the school that is across the street is noisy. Mr.Williams said the kids do scream,but they aren't cursing. Mr.Gipson said that the noisiest time would be when the,cement truck is there. He said that most of the construction will start at 8 a.m. except for the cement truck which will be 7 a.m. Chair Lambert asked if Mr. Gipson has a time frame for construction. Mr. Gipson said the cement trucks will come four times to pour. After each time he has to wait 30 days for the cement to set. He said that he estimates 6-8 months for completion of project. He is working with Public Works to widen his driveway. His driveway entrance has accommodated bottom dumps hauling two trailers when he initially had the driveway put in. There is only a small corner of the building that is within the Scenic Highway designation. He said that ambulance response time is 6-7 minutes and that the building will be built of concrete with a sprinkler system. He said that no trees will be removed during construction. Chair Lambert closed the public hearing and confined comments to Commission and staff. Commissioner Nelson asked if Public Works is comfortable with the driveway: Mr. Schroth said that Public Works is requiring a taper of 75 feet so that vehicles can enter the driveway safely. Chair Lambert asked if the Mitigated Negative Declaration would need,to be changed. Mr. Michelena said yes, he needs to change page 39 second paragraph to rural residential not commercial. Commissioner Nelson said that the construction start time needs to be changed to 7 a.m. r BUTTE COUNTY PLANNING COMMISSION■MINUTES■JULY 26,2007,■v PAGE I I r Mr.Michelena said the Scenic Highway designation does not require that commercial buildings be. screened. . There is a standard dust mitigation for construction. He said that with the type of construction and installing sprinklers, California Department of Forestry is comfortable with the project. It was moved by Commissioner Wilson, seconded by Commissioner Nelson, and carried by the following vote Ayes: Commissioners Nelson,Wilson,and Chair Lambert Noes: None Abstain: Commissioner Leland Absent: Commissioner Marin to approve UP06-0029 for Louis & Karin Gipson, adopt Resolution PC 07-45, and adopt the Mitigated Negative Declaration with the following changes: page 39 changing "commercial" to "rural",changing construction time from"6:00 a.m."to"7:00 a.m.",and striking second sentence from Condition 14 of Agenda Report. There is a 10-day appeal period on decisions with the Clerk of the Board. VII. GENERAL BUSINESS-This section of the agenda is to be utilized by the Planning Commission and Director of Development Services on items of interest,general discussion,or items for which staff has been directed to do research and bring back to the Commission. Items A,B,&C may not always be addressed at every hearing,but will always be listed as part of the agenda. A. Directors' Report B. General Plan/Zoning Ordinance Update Mr. Thistlethwaite updated the Commission on upcoming meetings for the Citizens Advisory Committee. He said the Trends and Setting Report would be completed soon and forwarded to the Commissioners. C. Update of Board of Supervisors' Actions Mr.Thistlethwaite told the Commission of Code fix ideas presented to the Board of Supervisors. He said they liked the idea of a Zoning Administrator who could be the hearing body for non- controversial projects. D. Legislative Case Law update E. Planning Commission Concerns I VIII. CLOSED SESSION IX. MINUTES -June 28,2007 It was moved by Commissioner Wilson, seconded by Commissioner Nelson and carried by the following vote Ayes:Commissioners Nelson, Wilson,Leland,and Chair Lambert Noes: None Abstain:None ■BUTTE COUNTY PLANNING COMMISSION■MINUTES■JUL.Y 26,2007,■v PAGE 12■ Absent: Commissioner Marin to adopt the.Tune 28, 2007 minutes changing page 3 line 14 to read"Mr.Troester said there will be no habitable structure within the agricultural buffer on parcel two. X. COMMUNICATIONS - Communications received and referred. (Copies of all communications are available in the Planning Division Office.) XI. ADJOURNMENT Adjourned at 11:58 Ch 'r Lambert i ■BUTTE COUNTY PLANNING COMMISSIONS MINUTES■JULY 26,2007,■v PAGE 13■ RESOLUTION PC 07-43 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET07-0004 WHEREAS, the Planning Commission has considered Legal Lot Determination DET07-0004 for Roy and Shirley Cunningham, in accordance with Chapter 20, Section 160; Article VII, Violations and Certificate of Compliance, of the Butte County Code on Assessor's Parcel Number.061-440-03 1; and WHEREAS, the Planning Commission has determined a Conditional Certificate of Compliance for this project to be categorically exempt in accordance with the California Environmental Quality Act; and WHEREAS, said Conditional Certificate of Compliance was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, the Conditional Certificate of Compliance was considered at a public meeting on July 26; 2007; and WHEREAS, the Planning Commission has considered a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds this project has been determined to be categorically exempt from the California Environmental Quality Act (CEQA) provisions under Section 15303. The legal lot determination would facilitate development consistent with the current Unclassified zoning of the property. The Unclassified zoning designation allows limited uses consistent with the new construction or conversion of small structures as described in section 15303. The lot size of approximately 5 acres would not- allow for subdivision in the Unclassified zone. - -A.-� -Because-the=project-is-exempt=from-the-pr6visi6ns-of-CEQA,=the - payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. B. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Makes the following findings and approves Conditional Certificate of Compliance 07-0004 with the conditions as set forth in the attachment (Exhibit A) to the resolution. A. The parcel size of approximately five acres was in conformance C\ with the Butte County General Plan land use designation and zoning at the time of creation. B. The Conditional Certificate of Compliance is for a parcel on the rural-cul-de-sac Stephens Ridge Road that serves more than twenty parcels, several of which are less than twenty acres in size. Although non-compliant with Butte County Code Section 20-133, this Conditional Certificate of Compliance will not be detrimental to the health, safety and welfare of the surrounding area provided no second unit is allowed on the parcel consistent.with Condition of Approval 2. DULY PASSED AND ADOPTED this 26th day of July, 2007,by the following vote: AYES: Commissioner Leland, Wilson,Nelson, and Chair Lambert NOES: None ABSENT: Commissioner Marin ABSTAIN: None INA LAMBERT, Chair Planning Commission County of Butte, State of California ATTEST: INA BONHAM, Secretary Planning Commission --� =County-of-Butte;=Stateof-California - . EXHIBIT A -Conditional Certificate of Compliance on APN 061-440-031, (File DET 07-0004) I. CONDITIONS OF 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 33.00 for each additional sheet. The estimated current cost for recording this Certificate is $13.00 with conditions. This cost estimate is based on a 1 page notification (first sheet), 1 page of legal description with note(s), and 1 page of conditions attached as Exhibit"B". Public Works 2. Place the following informational note on the Conditional Certificate of Compliance: "A second dwelling on the parcel is prohibited until and unless the parcel meets the requirements of Butte County Code Section 20-133 or the most current Butte County Code requirements with regards to the number of parcels that may be served by a rural cul-de-sac." 3. Place the following informational note on the Conditional Certificate of Compliance: "Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code." 4. Place the following informational note on the Conditional Certificate of Compliance: "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 60 feet." California Fire Department w S. Place=the=.following—informational—note-on—the—C-onditional—Gertif cafe-of Compliance: "Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter." County Counsel 6. 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 ti 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. DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) nn NAME AND ADDRESS OF APPLICANT CUNNINGHAM,ROY & SHIRLEY J UL. 3 1 2007[ _ P O BOX 141 BERRY CREEK,CA 95916 CD �GRt��g TTE CO.CLERK DEPUTY FILING NO. Project Title/File Number: LEGAL LOT DETERMINATION,DET07-0004 APN: 061-440-031 3oS'TED_.,. 114Rou(3H CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $50.00 Clerk's Documentary Handling Fee ( ) B. De Minimis Impact-Certificate of Fee Exemption $50.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION-FEE REQUIRED ( ) A. Negative Declaration $1,800 State Filing Fee $50.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $2500.00 State Filing Fee $50.00 Clerk's Documentary Handling Fee 3. ( ) OTHER(Specify) $50.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s)#P400 2. ( ) NON-PAYMENT: The above fees are required.Not paid. Chief Planning Official By: Tim Snellings,Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: July 30,2007 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. APPENDIX A NOTICE OF EXEMPTION TO: �, Office of Planning and Research FROM: Butte County 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,DET07-0004 Assessor's Parcel No.: 061-440-031 Applicant CUNNINGHAM, ROY & SHIRLEY P O BOX 141 BERRY CREEK,CA 95916 Project Location-Specific: 66 Bonnie Meadow Lane, Berry Creek, CA 95916 Project Location-City: Berry Creek Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: A request to determine the legality of APN 061-440-031 located at 66 Bonnie Meadows Lane in Berry Creek. Name of Person or Agency Approving Project: Butte County Planning Commission Exempt Status: (Check One) Ministerial (Sec. 15073) Declared Emergency [Sec. 15071(a)) Emergency Project [Sec. 15071 (b) and (c)j X Categorical Exemption. State type and section number: 15303 Statutorily Exempt - 15274(a) Reasons why project is exempt: Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the. conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Contact Person: Chris Thomas 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: a les Thistlethwaite, Development Services Planning Manager - i i COUP W OF BUTTE AUDIT'OR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR NO 24223 RECEIVED FROM PLANNING BAG 329 DATE 411012007 iFUND FUND DEPT ACCT CASH I DESCRIPTION INVO TIT LE CODE CODE CODE CODE AMOUNT i DEPOSIT DATE: 4f10 RECEIPTS: P399-P400 RECEIVED ON: j. PLANNING APPL FEES GENL 0010 440Q09 4290800 109001 5,015.70 LAND,DEVELOPMENT GENL 0010 440WA 4511700 101001 1,227.30 i AGRICULTURAL FEES DELL 0';710 4WW1 46122180 10`1001 65.00 iDOCUMENT/COPY SALES GENL 0010 440001 4711910 109001 1,45.5.50 FIRE PLNG APPL FEE FIRE PROTECT 0100 460301 4617240 101001 342.90 NODINOE CLERK-S-FILING FE GENL 0010 470001 4$12319 101001 100.00 ($3+S)=Project,Number Amount_oEF-ee Ai✓N:Q5i44Q-0"s ;-GEi'07: QQ4;CUNNINGHAM APM 025-320-013; K407-0009;PLATER g 59.00 1 i TOTAL $ 01209,40 i 1 4 APPROVED BY: RECEIVED BY: I� AUDITOR-CONTROLLER TREASURER, j white—treasurer pink-- auditor canary--depositor golden rod=file i S��IA?I�5 ZNMdO73AW zooz z o gnd ,A.LN(l0D M Butte County Department of Development Services �V T T� TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR 0 0 0 0 7 County Center Drive 00 /� o Oroville,CA 95965 0= _'a►>� o (530) 538-7601 Telephone cOUN'�y (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING July 27,2007 Shirley Cunningham PO Box 141 Berry Creek, Ca 95916 Re: Legal Lot Determination DET07-0004 APN: 061-440-031 Dear Ms. Cunningham: At the regular meeting of the Butte County Planning Commission held July 26, 2007, your request to determine the legality of APN 061-440-031 located at 66 Bonnie Meadows Lane in Berry Creek was approved. 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.,Monday,August 6,2007 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of$50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar-day appeal period,the action ofthe Planning Commission is final. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your project or proof of waiver of fees. Prompt payment of invoiced amounts hll expedite the approval process in satisfying this condition. The conditions of approval must be met within twenty-four(24)months from the date of approval by the Butte County Planning Commission or the approval will be considered null and void'. Should you have any questions regarding this matter,please contact Chris Thomas at 530-538-6706 between 7:30 a.m. and 4:30 p.m., Monday through Friday. Sincerely, Tina Bonham Commission Clerk. T ti EXHIBIT A Conditional Certificate of Compliance on APN 061-440-031, (File DET 07-0004) I. CONDITIONS OF 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 a 1 page notification (first sheet), 1 page of legal description with note(s), and 1 page of conditions attached as Exhibit`B". Public Works 2. Place the following informational note on the Conditional Certificate of Compliance: "A second dwelling on the parcel is prohibited until and unless the parcel meets the requirements of Butte County Code Section 20-133 or the most current Butte County Code requirements. with regards to the number of parcels that may be served by a rural cul-de-sac." 3. Place the following informational note on the Conditional Certificate of Compliance: "Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code." 4. Place the following informational note on the Conditional Certificate of Compliance: "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 60 feet." California Fire Department 5. Place the following informational note on the Conditional Certificate of Compliance: "Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290,4291 and current Butte County Improvement Standards,whichever is stricter." County Counsel 6. -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 —July 26, 2007 . Applicant: - Roy and Shirley Cunningham Location: Between Stephens Ridge Road and Bonnie Meadow Lane, approximately 2.1 miles west of the Oro Quincy Highway, in the Berry.Creek area. 5 File#: DET07-0004 Supervisor 1 District: Request: Legal Lot Determination/ Project Chris Thomas Conditional Certificate of Planner: Associate Planner Compliance G.P.: 'AR(Agricultural Residential) Attachments: Zoning: U(Unclassified) A: Resolution with Exhibit A APN: 061-440-031 _ B: General Plan/Zoning Map Parcel C: Deed Size: —5 acres May 23, 1970 Book 1615, Page 349 Zone Date: January 6, 1987 D: Site Plan STAFF COMMENTS: The +5 acre project parcel, between the privately maintained Stephens Ridge Road and Bonnie Meadow Lane in the Berry Creek area, was created by Grant Deed on May 25, 1970 (Book 1615 Page 349). Per Butte County Ordinance 772, in effect between June 28, 1963 and March 3, 1972, parcel creation by deed required either frontage on a publicly maintained roadway or a 60-foot access easement to a publicly maintained roadway (although parcels could, with the approval of the Planning Commission, be created with smaller easement widths). In this instance, however, the project parcel was created without the requisite access. The parcel, undeveloped and supporting ,coniferous forest and grassland, was consistent with the A-2 zoning and the Butte County General Plan land use designation of Timber Mountain in effect at the time of creation. Provision of adequate road access to the parcel is a condition of approval. Staff recommends approval of this request for a Legal Lot Determination/Conditional Certificate of Compliance with findings and conditions.' ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■July 26,2007 0 CUNNINGHAM DET 07-0004 0 Page 1 of 11 0 ANALYSIS: • The parcel has frontage on the private Bonnie Meadow Lane to the east and the private Stephens Ridge Road to the west. • Stephens Ridge Road is a rural cul-de-sac, currently traversing 23 parcels. The nearest publicly maintained road to the project site is the Oro-Quincy Highway,approximately two miles to the east. • At the time the parcel was created,the zoning was A-2 (enacted by Ordinance 522 adopted ' on September 2; 1955). The parcel was consistent with the minimum 8,125 sq.ft.parcel size requirement in effect at the time. • The parcel was consistent with the Butte County General Plan Land Use designation of Timber Mountain that existed at the time the parcel was last modified. • The parcel is'currently vacant and covered with coniferous woodland and open grassland. The following agencies provided comments and conditions. Butte County Public Works Department: o Provide approved, two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. o 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 60 feet. • California Department of Forestry:, o, Construction,installation or development of buildings and/or roads,driveways,gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations-Public Resources Code 4290, 4291 and current Butte County Improvement Standards,,whichever is stricter. • Butte County Environmental Health Division: o This property has adequate area for a sewage disposal system plus replacement area. Generally wells in the area are low producers, but have adequate quantities for a single family dwelling. This application is now considered complete. • Butte County Agricultural Commissioner's Office o No apparent adverse agricultural issues,no other conditions or mitigating measures. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■July 26,2007 0 CUNNINGHAM DET 07-0004 0 Page 2 of 11 ■ CEQA ISSUES: This project has been determined to be categorically exempt from the California Environmental Quality Act(CEQA)provisions under Section 15303. The legal lot determination would facilitate development consistent with the current U zoning of the property, which allows limited uses consistent with the new construction or conversion of small structures as described in section 15303. The lot size of 5 acres would not allow subdivision in the U zone. Use permits,with accompanying environmental review, would be required for uses inconsistent with this class 3 exemption. 1 I ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ , ■July 26,2007 ■ CUNNINGHAM DET 07-0004 0 Page 3 of 11 0 VICINITY MAP n �N 1 Project Location 4 fe 1 L Bert Greek rem r v v • a ' DET 07-0004 061-440-031 . -CUNNINGHAM ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■July 26,2007 ■ CUNNINGHAM DET 07-0004 ■ Page 4 of 11 ■ _.� .,�- �• �ted,-�4i -- _ _ - � _ �_- - -_ � . 11 � 1 111 '.�• � RESOLUTION PC - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET07-0004 WHEREAS,the Planning Commission has considered Legal Lot Determination DET07-0004 for Roy and Shirley Cunningham, in accordance with Chapter 20, Section 160; Article VII, Violations and Certificate of Compliance, of the Butte County Code on Assessor's Parcel Number 061-440-031; and WHEREAS, the Planning Commission has determined a Conditional Certificate of Compliance for this project to be categorically exempt in accordance with the California Environmental Quality Act; and •WHEREAS, said Conditional Certificate of Compliance was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS,the Conditional Certificate of Compliance was considered at a public meeting on July 26, 2007; and ' WHEREAS,the Planning Commission has considered a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds this project has been determined to be categorically exempt from the California Environmental Quality Act(CEQA)provisions under Section 15303. The legal lot determination would facilitate development consistent with the current Unclassified zoning of the property. The Unclassified zoning designation allows limited uses consistent with the new construction or conversion of small structures as described in section 15303. The lot size of approximately 5 acres would not allow for subdivision in the Unclassified zone. A. 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. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Makes the following findings and approves Conditional Certificate of Compliance 07-0004 with the conditions as set forth in the attachment (Exhibit A) to the resolution. A. The parcel size of approximately five acres was in conformance with the Butte County General Plan land use designation and zoning at the time of creation. ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■July 26,2007 0 CUNNINGHAM DET 07-0004 0 Page 6 of 11 0 B. The Conditional Certificate of Compliance for the parcel will not be ' detrimental to the health, safety and welfare of the surrounding area. DULY PASSED AND ADOPTED this 26th day of July, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: NINA LAMBERT, Chair Planning Commission County of Butte, State of California ATTEST: ' TINA BONHAM, Secretary Planning Commission . County of Butte, State of California ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■July 26,2007 ■ CUNNINGHAM DET 07-0004 0 Page 7 of 11 0 ' EXHIBIT A Conditional Certificate of Compliance on APN 061-440-031, (File DET 07-0004) I. CONDITIONS OF 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 a 1 page notification(first sheet), 1 page of legal description with note(s), and 1 page of conditions attached as Exhibit"B". Public Works 2. Place the following informational note on the Conditional Certificate of Compliance: ' "Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code." 3. Place the following informational note on the Conditional Certificate of Compliance: "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 60 feet." California Fire Department 4. Place the following informational note on the Conditional Certificate of Compliance: "Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290,4291 and current Butte County Improvement Standards,whichever is stricter." County Counsel 5. 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 ■ ■July 26,2007 0 CUNNINGHAM DET 07-0004 0 Page 8 of 11.0 TPZ-160 ru—„ ' TIVi t - Td�' , G Stept►ens 3tld Rd - -4Ri f 1 Project Location f ,f - Z' a oa �1: lop MW, G4 f Ar'2 r TA44) l 1,ZW 'Eo3 7 1,2CG 2,+33 3,573 4,CC0 5 37 7,237 C,40fr 9r-o3 97,930 BUTTE COUNTY PLIANNING COMMISSION i. N' r' Applicant: Ro and Shirley y Cunningham Ossner: Same Hearing Date: July 26,2007 an 9:00 a.m I Existing Zone: U(Unclassified) Request: 1 3 Supervisorial Q Leal Lot Deternunauoa fora parcel created by deal on:r4ay 23, 1970. District'r1 Assessor Parcel No: 061-440-031 i File:DET 07-0004 r ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ ■July 26,2007 ■ CUNNINGHAM DET 07-0004 ■Page 9 of 11 ■ r a a n • lttrvr,tu 61 lEu rryut•l ur 3: CHOP I LLE.tl rIX L.01a'SSi • aclurn to A out i-I It4t"milll• to .....i1 Yi••rttlr •� aeANY cl aereet O!IONItr V'Ry J 12 01 X11910 :y hlC kvwlvtt Clrwrt n ('11..:.v:'t IC.Ii n �;)03 YI cnrfltn, CAllfnrut.+ ;t:/97u FEE Tranvfor fdI aN,"t 91454 e GRANT I1 V.V IlodlvLluull .� '; F'or,alar n,•r;cwl ilUku 11.t1.LYY 1AND CUh I•A1Y, d luu•tnerstal, u d Jr. GItANT s. .lam IAU\-tali It. •:I' ual,rldnu CA1101. A. �I n\I.k, tit n -116 ' .•a Joint l'onants as to .w undlrtdeA 1/2 Intwrnat .,nil KARL '+1f0Gh K• and A%k K. 'tr.RGk6,'l.ls wife us Joint lenenta as to an undivided It. t! eli�halnto oaIvnf property situate In the ttI r ('.,only of itut to ,State df Valirnrltle,Je/en•6ed an folllnts: 1.9 Th:: South half of tnc South halt of the Ifeot half of the Northwest i quarter of the tlortlnreot qu•Jrtel' of Suction 14, Township 21 North, bnre 5 Past, N.D.S. & N, REvERYI1:0 TH:IMR031 a ri'ht of way Cor rosd and utility purposes over tht: Aaoterly 30 foot. Said rlrht of clay ie for the benefit Of and :/ppurtcmnt to tE:' Wast half of the Northwest quarter of said 5!c':tion 14, T006"@1RA with a richt of tray for rad and utility purposes over the Woo-Orly 30 feet of :he 6iot half or the Hortllweut quarter of tilt: llor:huast quarter of aald Section 14, and over the Baeterly 30 Coot of the Wast half of the Northwest quarter of the North- w:st quarter of said Sac-Lon 14. k� I Includes all 4lneral, water unit timoor riRhta. i 11r 7 I I' PAID t Gil •:r.:�r��;�:.(.x•1,71111'�..�,,,_.._„��-J 1! Well For t3 .. to 7.0 ... 511.1169 V Xv, �o comm%y •.•' \ Ir•1IL 1!,i:a a parinv III IX; Irl,l'ri:IIN 1'.t1.IhT11L`ll,t a t•naarp ul Lwltu. nI Yay 23.. .. ....,Ia24 .to Lao-air. .Ileo R. Hactin.7 6 Noferp P.M, �: 1n end b.,wW t'noutp and Slab•,per 11,IVp and 4aral4 %, d6 QOCC.pnd I� ii C6ro1w d• neral knor-In o,m hr the In r.•.a7 nAw, nawre .ort—Drd fu IAr uithln Inr•nrnrat,and t.•l¢fln Gdp d'tn nr tAyl j pN��tld,q�1 mw, 1 as partmore of the within named partnership. ua••'.�I..ian..ror. . ..Norcb 1.,.1924. ..-.... /,n;::iCt` ..y^ fgldGiyt 1 OROVEGLE TIT IAC COMPANY Li ISCOIII OPATSD OF DDC1,55"I Ma ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■July 26,2007 ■CUNNINGHAM DET 07-0004 0 Page 10 of 11 0 ysve 'u-1 MDP.O;D;4 ajufa[[ a 3XG,6E*US 09 E a e� 07 y y c S C O w Nr 4,Zu i coOD D Z C W V ; OD s]_ 0 14 L ,W G+ L. 4-J C [7 '� � g w otA cs W r 1 - 4i'c?E • 3.oc.sions- --- --- z Site Plan ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■July 10,2007 0 CUNNINGHAM DET 07-0004 0 Page I 1 of 11 0 r Butte County Department of Development �UTr� Services o a0 TIM SNELLINGS, DIRECTOR l PETE CALARCO,ASSISTANT DIRECTOR o 0 p 7 County Center Drive Oroville, CA 95965 COUN�y (530) 538-7601 Telephone (530) 538-7785 Facsimile = April 24,2007 To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: CUNNINGHAM,ROY& SHIRLEY,DET07-0004 Planner: Chris Thomas APN: 061-440-031 Location: A request to determine the legality of APN 061-440-031 located at 66 Bonnie Meadows Lane in Berry Creek. 30-Day Complete May 7,2007 Date of IDR May 2,2007 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, Agricultural Commission, Public Works, Assessor, and CDF. All Environmental Health correspondence is routed 1 through Karen Frederick at 7 County Center Drive. The purpose of this notice is to give you the g tY PrP g opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on=5/2/07 - Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting, regarding completeness of application. What is needed to make the application complete? ❑ YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. PLEASE SEND YOUR RESPONSE TO: cthomas@buttecounty.net Signature: Department: Date: UPlanning/Projects/A New File/IDR Memos/IDR Completeness '8/30/05 BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: CUNNINGHAM,ROY& SHIRLEY DATE: 4/6/2007 AGENT: APN: 061-440-031 FILE#; DET07-0004 PLANNER: Chris Thomas PROJECT DESCRIPTION: A request to determine the legality of APN 061-440-031 located at 66 Bonnie Meadows Lane in Berry Creek. 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 I page notification(first 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 Provide documentation from the State Department of Water Resource Division of Parks and Recreation allowing the use of as access to the parcel. Fire Dept.- _ Construction installation or development of buildings and/or roads driveways, gates and bridges onparcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290,4291 and current Butte County Improvement Standards,whichever is stricter. Prior to construction,a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet,hydrant size inches,and residual fire flow of GPM. Fire hydrant identification,road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded,prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. _ Place a note on a separate document and recorded concurrently with the Parcel,Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D,unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating"Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. _ In lieu of hydrant installation,prior to recordation of the Parcel or Final map,payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. _ Prior to building construction,provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. _ Place a note on a separate document,which is to be recorded concurrently with the Parcel or Final map,or on an additional map sheet stating,"Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. _ Prior to any lot clearing activity or cutting of trees,contact the Butte Area Forester at(530)872-6353 to determine the need for a less then 3 acre conversion exemption permit or a timber harvest plan. F Butte County Department of Development Services a OTrF0 .TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o = o Oroville,CA 95965 a a o (530)538-7601 Telephone cOUN'�� (530) 538-7785 Facsimile www.buttecounty.net/dds J ADMINISTRATION" BUILDING* PLANNING April 24, 2007 TO: Enter Agency or Department FROM: Chris Thomas, Butte County Planning Division SUBJECT: . Request for Comments on a Development/Land Use Application APPLICANT: CUNNINGHAM, ROY & SHIRLEY, DET07-0004 APN: 061-440-031 DATE OF Inter-Departmental Review: May 2,2007 t a IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: April 30, 2007 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: May 17,2007 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 5/2/07 , and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: A request to determine the legality of APN 061-440-031 located at 66 Bonnie Meadows Lane in Berry Creek.. COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: U (Unclassified), GENERAL PLAN: AR If a response cannot be submitted prior to the due dates listed above, please call Chris Thomas at 538-6706 or send him an email at cthomas@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. Please return response to project planner. . IDR COMMITTEE— APPLICATION COMPLETE ❑ No Name: Date: ❑ Yes Name: Date: G:\PRO]ECTS\Trakit Merge Documents\REQUEST FOR COMMENTS.doc r� r "DRAFT"LEAD IN SHEET PROJECT NUMBER: '�L I (/a�L� AP#(s): ( " ZlGlc " 69, f APPLICANT: 67 OWNER(S): bs , ,- REPRESENTATIVE: PROPOSED REQUEST: (by counter planner) FINAL REQUEST: (by project planner) LOCATION: (by counter planner) / )D�h•P �LG %a , . �-►� FIN4 LOCAT N: (by project lanner) / fie, d EXISTING ZONING: GENERAL PLAN DESIGNATION: SIZE: /. �/ �����,( SUPERVISORIAL DISTRICT#: DATE RECEIVED: G (� COUNTER PLANNER'S INITIALS: /'o ASSIGNED PLANNER: 1r►S —Fhoma.s Date Proiect Assigned: 4 -'0 7 IDR Date: 34 Day Complete: Tentative Hearing Date: i COMMENT DISTRIBUTION LIST Project Number: County Offices and Cities: _ Planning Division: X Assessor's Office-Mapping _ BCAG X Environmental Health — City of Biggs — ALUC _ Building Manager — City of Chico — APCD X LAFCo — City of Gridley — Butte Co.Farm Bureau X Agricultural Commission— City of Oroville — Chico Airport Commission X Public WorkslLand Dev _ Town of Paradise _ Chief Administrative Officer X County Counsel Fire Protection: X California Department of Forestry — El Medio Fire Protection District Domestic Water: — S.F.W&P.Agency(OWID) _ Butte Water District _ Del Oro Water Co. California Water Service Co. _ Thermalito Irrigation District — Other Utilities: _ PG&E North-ChicoPacific Bell Chambers Cable TV PG&E South-Oroville — Viacom Cable TV — Irrigation District: Biggs/West Gridley Water _ Durham Irrigation Dist. _ Paradise Irrigation Dist., Riclivale Irrigation Dist. — Table Mountain Irrigation Dist. Sewer:- - L.O.A.P.U.D. Sterling City Sewer Main _ Skansen Subdivision(CSA 21) Drainage Districts: Sacramento&San Joaquin Drainage Dist. — Reclamation District No. 833 Drainage District 200, _ Reclamation District No.2054 Reclamation District No.2056 State Agencies: CalTrans _ Dept.of Water Resources Dept.of Fish and Game Federal Agencies: U.S.Forest Service — U.S.Bureau of Land Management _' Other Districts,Agencies,Committees,etc.: •• s,.-� �e , s ,` ._.......... _-.1_ -----��04302�A,.2+•t.( i`^'iT �•� t R ' _.� _l I 5.00 -- - T•-•—•-- - — I DOC 2.20 . 1J Cash 7.20 • .. tl t9-'t.)n°.L;,a IJ' i{err. 1 ,�: ...v+, ,Js ... 1 y:f PARTY SHOWN ,.V 39 1 J G;y lu, • 2.20 rRANSFER TAX$..................._........................... is consideration or value of property conveyed;OR +' ....,.Computed on the consideration or value less liens or encumbrances Slengcuro of Daclment or Aunt datermining tax—Firm Name (XX) Unincorporated area Tax Parcel No. 061-440-031. GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, "P-ANSFER rAKPA/p . ROBERT ELMER SPIEGEL and MARY SPIEGEL, husband and wife ' hereby GRANT(S) to ROY CUNNINGIIAM and SHIPLEY CUNNINGIIAM,' husband and wife I the real property in the City of "erry Creek County of Butte State of California, described as The South Half of the South half of the West half of the Northwest quarter of the Northwest quarter of Section 14, Township 21 North, Range S East, M.D.B. b M. Together with a right of way for road and utility purposes over the Westerly 30 feet of the East half of the Northwest quarter of the Northwest quarter of said Section 14, and over the Easterly 30 feet of the West half of the Northwest quarter of the Northwest quarter of said Section 14. Dated October 27, 1989 / (�` r . - STATE OF CALIFORNIA COUNTY OF Bttte I On the 27th day of October, 1989 before me,the undersigned,a Notary Public In and for said Slate,per- sonally appeared Robert ElmerSpiegel IS Mme_ Rose Spiegel psusonally-ktwwMo-are for proved to me on the basis of satisfactory ,(/?^; O 1°FICIAL SEAL evidence)to be the person(s)whose name(s)is/are subscribed to the I w+•,,�;`; M.LANIMRS 1'tr.o•fj.� NOiAf.i(l^�.�: f.rLi;ia41M1 within Instrument and acknowledged to me that ks(elts they executed t\0'.•�rE�•- 0:;lir'.�;Tf ""."t. the same. \,,a.+ bh amnr.•r,�ns . 1Fd`141C6".d:AKY.`Si1:::9 b WITNESS my[[[hand'''and official seal. (Thar area for official notarial seal) Signature— 1002 (6/82) MAIL TAX STATEMENTS AS DIRECTED ABOVE END OF DOCUMENT --�, ,_�q �,�� _ y 1' ^ �� �� I LA p ' �1ty���1�x���;;��+,!�!��,..•�a}�Vii': Sc+,!(1l if�r%ti�"�{:diff awTr te2;lry+1 IF vj YI' tilt i n ! tr'��t/••�•'«i'� a;fir^ i i•x�,'h/h-_fifJS.. "Cj.,��7kA v g a • "'1 �r CII, I (t�M1`"+'T,�, ii)�?.1�.'i4•�• 'Y' :A�-�li�?, ii`r,T<,,1..,••fit�p-,y,n.;;'�;w;-'r,�;. 'X^j,' ?;�':Q tii:,t;"rr' y`vti�t�:,�'!4�'" -N. l,� ':�iK'`rs.'.«.r,u. :r,, x � ++t e.+ry , �'„! �;��it,•,�',��„aF �� 1 "(f :'4L�•z- . �. ',`��u;6'vwXni„�yfi �'lra i4.,j '1��'v.?„�>`3'ih:+`,s g +�f;* '�.5�`'• '�+[Y 3 t b��%.1�iy+ ?'..,.fp �. �P ���-,t�� r •''� ":1� ��}• �S"'' r. .'>„t• 4t, , •�.��r.r!' sS't..�y,�� Q(�.�� r a++��,S_���a�..+Xii�pp���� 'yr1.V;` �(f -.:.F�yY,,j(r' � .�r7� �Q�, .a5,, 'J' e�.�Y,( '}' t5 p.&krF"'1!? ,y..�j75'µ,`3i ta.<'le', ',t•.•y +t•�, +'?x 'S +'�i 'S'C" y 7 "vG. S'r �{( "� �,i7G5 Q �II lIII 11 11 IIII I IIlI 11 11 11 III NI 11 - _. � 1,998-0040962 ' Recorded i REC FEE 22.00 Recorded at the'Request of official Records i TAX. i.65 County Of i Butte i CA�*DACE J. BiRUBBS i Recorder i and Return to: i Miyles S'tephens.Ridge Land Owners Association i2�0'SP�� 24-Seo-i99&. i Page 1 of 6 c/o Bonnie Bourgoin,President P �r 00 •0 A. Grantee shall comply with applicable'Federal or State law and shall comply with State standards for public health and safety, environmental protection, and siting construction, operation,.and maintenance if those standards are more stringent than applicable Federal standards. B. Except as hereinafter limited, Grantee shall have the right to use the road for the purposes set forth in Clause.D, subject to such traffic control.regulations and rules as Grantor reasonable may . impose upon or require of other users of the road without unreasonable reducing the rights herein granted. C. Upon the change of ownership of the Grantee's land served by this road, the rights granted :under this easement can be transferred or assigned to the new owner upon written notification to Regional Forester. D. This easement shall continue for as long as the property served is used for a single family residence; provided, That the Grantee shall make no use of the road for hauling forest products or other ...commercial use of the road until it pays for makes arrangements acceptable to the Grantor to pay its share of the road construction or reconstruction costs; and Provided further,that the Grantor shall review terms and conditions of this easement at the end of each 30-year period from the date of issuance,and may incorporate in the easement such new terms, conditions,and stipulations as existing or prospective conditions may warrant. These shall.have the same force and effect as if included in the original grant. E. All construction or reconstruction of the road shall be in accordance with.plans, specifica- tions, and written stipulations approved by the Grantor prior to beginning such construction or reconstruction. F. The rights herein conveyed do not include the right to use the road for access to develop- ments for short- or long-term residential purposes,unless and until the Grantor and the Grantee agree upon traffic control regulations,rules, and other provisions to accommodate such use of the road. G. Grantee shall pay the Grantor for its share of maintenance cost or perform maintenance, as determined by the Grantor. The maintenance obligation of the Grantee shall be proportionate to total use and commensurate with its use. Any maintenance performed by the Grantee shall be authorized,by and shall conform with an approved maintenance plan. In the event the road requires maintenance, restoration, or reconstruction work to accommodate the Grantee's needs,the Grantor shall authorize the work required in the same manner as provided herein for maintenance or in Clause E for reconstruction. The Grantee shall perform such work at its own expense. H_ Grantee shall pay annually in advance a sum determined by the Forest Service to be the fair market value of the use authorized by this easement. The initial payment is set at$30.00 for the remainder of the calendar year. Payments for each subsequent calendar year shall be the amount of $34.00 adjusted using the Implicit Price Deflator-Gross National Product index.(IPD-GNP), or other. factor selected by the Forest Service, to reflect more nearly the current fair-market value of the use. At intervals to be determined by certain changes in the indexes used to establish the linear rights-of-way fee schedule,the fee shall be reviewed and adjusted as necessary to assure that it is commensurate with the value of the rights and privileges authorized. In addition to the annual payment, the permittee shall pay its proportionate share of road costs prior to using the road for commercial use. Failure of the Permittee to pay the annual payment, late charges, or other fees or charges shall cause the easement to terminate. 00 Grantee shall pay an interest charge on any fee amount not paid by the payment due date. Interest shall be assessed using the most current rate prescribed by the United States Department of Treasury Financial Manual (TFM-6-8020). Interest shall accrue from the date the fee payment was due. In addition, certain processing and handling administrative costs may be assessed int he event the account becomes delinquent and added to the amounts due. A penalty of 6 percent per year shall be assessed on any fee amount overdue in excess of 90 days from the due date of the first billing. Payments will be credited on the date received by the designated collection officer or deposit location. If the due date(s) for any of the above payments or fee calculation statements fall on a nonworkday, the charges shall not apply until the close of business of the next workday. I: This easement shall terminate in the event an easement is granted subsequently by the ...United States to a public road agency for operation of this road as a public highway. J. Grantee shall pay the United States for all injury, loss, or damage, including fire suppression costs,-in accordance with existing Federal and State laws. K. Grantee shall indemnify the United States for any and all injury, loss, or damage, including fire suppression costs the United States may suffer as a result of claims, demands, losses, or judgments caused by'the Grantee's use or occupancy under this easement. This easement is granted subject to the following reservations by Grantor: 1. The right to cross and recross the road at any place by any reasonable means and for any. purpose in such a manner as will not interfere unreasonably with Grantee's use of the road. 2. The right to relocate the road on which this use us authorized to the extent necessary to accommodate the management needs of the National Forests. .3. The right to use the road for all purposes.deemed necessary or desirable by Grantor in connection with the protection, administration,management, and utilization of Grantor's lands.or resources,now or hereafter owned or controlled. 4. The right alone to extend rights and privileges for use of the road and right-of--way to other Government departments and agencies, States, and local subdivisions thereof, and to other users including members of the public; Provided;That the Grantor shall control such use so as not to interfere. unreasonable with use of the road by Grantee or to cause Grantee to bear a share of the cost of maintenance greater than is commensurate with the Grantee's use of the road. . The grant of a right to use the road described in this easement does not create an obligation on the Forest Service of the United States to maintain the road in a usable condition. The Regional Forester may take action to suspend, revoke, or terminate this easement under the Rules of Practice.Governing Formal Adjudicatory Administrative Proceedings Instituted by the Secretary Under J J�� A&F-_ Various Statutes in 7 CFR.1.130-1.151. An Administrative.proceeding is not required when the easement terminates on the occurrence of a fixed or agreed upon condition, event, or time. IN WITNESS WHEREOF, the Grantor,by its Director,Lands and Minerals,Pacific Southwest Region, Forest Service, has executed this easement pursuant to the delegation of authority by the Secretary of Agriculture to the Assistant Secretary for Natural Resources and Conservation,the delegation of authority by the Assistant Secretary for Natural Resources and Conservation, to the Chief, Forest Service, 7 CFR 2.60, and the delegation of authority by the Chief,Forest Service, dated August 16,. 1982, (47 FR 36465), on the day and year first above written. UNITED STATES OF AMERICA PHILIP H. BkYLES ; Director, Lands and Minerals Pacific Southwest Region - Forest Service Department of Agriculture :x 00 00. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California _ , 0 ss.. i County ofY II Cj C=U. On O J C� before me,- Date , ) ante and Tale of officer(e.g.,"Jane Doe,Notary Public'). personally appeared l 1 i N (s)of Signer(s) II personally,known to me 1` ❑ proved to me on .the basis, of satisfactory i evidence to be the person(s) whose name(s).•;is/are subscribed to the within instrument and acknowledged to me that he/she/they executed SHIRETTA MIIIENDER the same in his/her/their •- authorized QlAyComm.11111810 capacity(ies), and that . by his/her/their NOTARY PUBLIC-CALIFORNIA 0signature(s)on the instrument the.person(s);orCity 6 Countyof San Francisco. + the entity,upon behalf of which the persons) Comm. Expires Feb.26,2001_ acted, executed the instrument. NESS my hand and official seal: Place Notary Seal Above ignatur gNolary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache ocu ent �- Title or Type of Document: rr r, Document Date: qn Number of Pages: (, Signer(s)Other Than Named Above: Capacity(ies) GIimed by SiQn�r, , Signer's Name: ��I.I 1 ��) �i f� ���s ❑ Individual Top of thumb Here ❑ Corporate Officer—Title(s): rN ❑ Partner—❑Limited ❑General �^ ❑ Attorney in Fact ❑ Trustee ❑ Guardio-r Cons rvator r Other: �l i_lrt7,� "y, L•-AKILS ` YkincC 1_� if �f ;�� � .. 7'C rte✓y, Signer Is Representing: EIN4 rV i t Q_" 01997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 Prod.No.5907 Reorder.Call Toll-Free 1.800.876.6827 Exhib## .. .1• i.�'.'sv� �' Imo.� }t. �iea 1N0 y: _ .. .Vi•:v�:+i��Wii`:Y:i}iii?: ,1 3: .. ... .... .. i;xi' �.... .•.:. 136 ... ...: ..:::•...:..... ::•.: :..:.soy � :•.��...:::...,....:...�: .. ..,. .,..,;;::::::.:::.::::::�.:.:;•:�r� '::!�.�.;���' :�>:�::,:�:. �:�" <:>: .. ;_.ter.:...:. :::;:•:; : m Easement, Existing Road 0.5 7 mi, Ql N85-44E, 9,185 feet N89-54W, 6,350 feet ® Easement, Existing Road .,1.80 mi. D N89-54W,6350 feet 3Q S18-38W, 2,575 feet Right-of-Way-Width is 14 feet Legend: FLPMA FOREST ROAD EASEMENT KANAKA FLAT ROAD NO. 21N07 t:: Private Property Easement No. PROPERTY OF Tie No. �► Found Monument U.S. GOVERNMENT 0%mno Easement Basis of Bearings: Drawn By: John Heavin Tie No. '1 and No. 2 are GLO Date: June 8. 1998 Tie No. 3 is Quitclaim Deed Recorded Book 1612,page 54 Official Records Approved By: John Schmidt Butte County, California Date: une 10 , t 5Sr WL FFICE OF COUNTY COUNSE REQUEST FOR LEGAL SERVICES Date Submi 07/13/07 Department: DDS-Planning From: Phone Number: _7785 D4"jnt ead Signature Contact Person: _StaceyJolliffe Phone Number: 6573 PLEASE INDICATE THE TYPE OF ASSISTANCE REQUESTED —X—Other. Briefly explain the assistance requested: Review legal aspects of the attached agenda reports for July 26, 2007, Planning Commission meeting_ Consent Calendar DET 06-19 (Wilson)Tolley DET 06-0037(Noreen Jones) C. Tolley exhibits need updating DET07-0006 (Hernandez) Tolley DET07-0007(Hernandez)Tolley DET07-0008(Hernandez) Tolley cBE t114 -Cunningham . Thomas Regular Agenda TSM 05-18 (Schuster) S. Jolliffe continued from May 24 TPM 05-24 (Nelson) Durling UP 06-04 (Graber-Maranatha Fellowship) Durling UP06-0029 (Gibson) M. Michelena PRIORITIZATION Indicate the priority of this request, taking into consideration any prior pending requests. Requests receiving a"high" priority will automatically take precedence over existing pending department projects, unless otherwise indicated. High_X_ Moderate Low Indicate due date when high priority Comments: Comments should be received no later.than July 17 or 18, 2007 to be incorporated into packets for the 7/26 meeting. Has this been previously reviewed/or ongoing by County Counsel? ❑ Yes X❑ No If Yes,please provide reference no. or Name of Counsel FOR COUNTY COUNSEL USE ONLY .Date Received: Attomey Assigned: Log Out Date: Revised 3/06 Page 1 of 1 From: Walters, Charlotte Sent: Wednesday, May 02, 2007 10:29 AM To: Thomas, Chris Cc: Walters, Charlotte Subject: DET07-0004, APN 61-440-031, Cunningham Good Morning Chris, This property has adequate area for a sewage disposal system plus replacement area. Generally wells in the area are low producers, but have adequate quantities for a single family welling. This application is now considered complete. Thanks, Charlotte file://Z:\DET\Cunningham DET07-0004\Comments\EH\DET07-0004 APN 61-440-031 Cu... 5/2/2007 Butte County De I ent of Development �uTr� Services o °° TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR ° ° 7 County Center Drive o _��v. o Oroville, CA 95965 coU10 (530)538-7601 Telephone (530) 538-7785 Facsimile May 2,2007 To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: CUNNINGHAM,ROY& SHIRLEY,DET07-0004 Planner: Chris Thomas APN: 061-440-031 Location: A request to determine the legality of APN 061-440-031 located at 66 Bonnie - Meadows Lane in Berry Creek. 30-Day Complete May 7,2007 Date of IDR May 2,2007 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, Agricultural Commission, Public Works, Assessor, and CDF. All Environmental Health correspondence is routed through Karen Frederick 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 5/ /2 07 Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting, regarding completeness of application. What is needed to make the application complete? X YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. PLEASE SEND YOUR RESPONSE TO: cthomas@buttecounty.net Signature: Darren Read Department: CDF Date: 4/30/07 K:/Planning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: CUNNINGHAM,ROY&SHIRLEY DATE: 4/6/2007 AGENT: APN: 061-440-031 FILE#: DET07-0004 PLANNER: Chris Thomas PROJECT DESCRIPTION: A request to determine the legality of APN 061-440-031 located at 66 Bonnie Meadows Lane in Berry Creek. 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(first 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 Provide documentation from the State Department of Water Resource Division of Parks and Recreation allowing the use of as access to the parcel. Fire Dept.: _X_ Construction,installation or development of buildings and/or roads,driveways,gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290,4291 and current Butte County Improvement Standards,whichever is stricter. Prior to construction,a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet,hydrant size inches,and residual fire flow of GPM. Fire hydrant identification,road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded,prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. _ Place a note on a separate document and recorded concurrently with the Parcel,Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D,unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating"Automatic Fire Sprinklers conforming to NFPA'Standard 13D required"is to be added to all affected building plans. _ In lieu of hydrant installation,prior to recordation of the Parcel or Final map,payment shall be made into the hydrant fund at the cuirent rate per lineal foot of street frontage. _ Prior to building construction;provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. _ Place a note on a separate document,which is to be recorded concurrently with the Parcel or Final map,or on an additional map sheet stating,`Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. _ Prior to any lot clearing activity or cutting of trees,contact the Butte Area Forester at(530)872-6353 to determine the need for a less then 3 acre conversion exemption permit or a timber harvest plan. BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: Cunningham, Roy & ShirleyDATE: 4/6/07 AGENT: APN: 061-440-031 FILE#: DET07-0004 PLANNER: Thomas PROJECT DESCRIPTION: a Legal Lot Determination for a parcel created by deed. 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 $ 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". Public Works Conditions: A. STREETS ® 1. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. ® 2. 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 60 feet. t ' 4 Y Owners Shirley-Cunningham Address - ,C3��,-Y C..-e � h Com.•, � �� �6, - + N N88°58'20'E 668.81 w 60 Road o m Easement M M 0 30; Right CD of Way CD (+rj. .obi M � C:) J- O APN+ 061-440-031 . Bonnie Meadow Lane 0 pq S88°38'32'W 671.11 Scales 1' 100' s 4 Y 15 R oT til s e i ©V2oUt ��� 95910& ` s � • i A _fy.�...., ..,.a��s».. ., f - 'r. ��' ff i .`��. { ` .. ....., I i ..i., '�J � �tj { �..#, ..i ,.... ... - f ; 9 f . � ...��1.�. .. ! .�.w....�.�M.H 1 i a`,j-� ;'c ,: ; A� ;�., y't �_ 4 t � ;Z r�•i .1... �I a rt � .F... � i 1�� 4 _ i l i • � S , . _� f �� �ti: t� F t �. � y ! � . t t f r 4 � Lt � - " . �. �: � , ❑wneri .Shirley Cunningham Addressi &(v O aKvt;e.. AfQa aoa) N88°58'20'E 668,81 w M � 60' Road Easement M --4o M 0 30' Right o of Way o � N t!4 M J 0 N 3 0 APNf 061-440-031 d Bonnie- Meadow Lane c 0 S88°3832W 671.11 Scale) 1' 100' 'U-o"+ . IS 2�T�ls eZ' 0I2oUj L(-C- Q-A 9S"9(O& ❑wnert Shirley ,Cunningham r. Address, &4c OoKt 2 ILfeao(1ou.) N88°58'20'E 668.81 w 60' Road CO Easement r> --4 o M O W 30' Right %CD 1%0of Way C:) M J 0 t/1 3 O APN1 061-440-031 Bonnie Meadow Lane T o S88°38'32'W � 671.11 Scale, 1' 100' s Owner► Shirley Cunningham Addeesss &(v O a K in' . jd oa c c W lie Kk AA N88°58'20'E 668.81 w 60' Road Easement cn 0 W 30' Right o ID of Way (Y) M O � 3 O APNf 061-440-031 Bonnie Meadow Lane C 0 S88°3832'W 671,11 Scale, 1' 100' CKG-f'AnEb Y , 15 2 3T k L i 0iZ0Ui U-E- QA 9S9(0& y Owner, Shirley Cunningham Addresst HI2. (10 c) N . N88°58'20'E 668,81 W M v 60' Road o CO Easement M � o M O w 30' Right CD of Way C) to N 0 to 3 O APN+ 061-440-031 Bonnie Meadow Lane (, _c c o S88°38'32'W 671.11 Scaler 1' 100' 15 (=sT r(5 L t 99 SO°15'00'E 323.16 rrI Q, N O A i M Q Q . D lr+ Q Q :3 �0 -3 N (� D Z h OD � z � co Q v W 3 m ° (.t1 ao m o l< m ao N3 '�' ►-' N C CL 4 rn :3 O p (° 3 (O P ~ A Q 3 U .C� C7 VI. C a m C+ Ln + SO°39'03'E Bonn' E� ie Meadow Ln, 319,84 DET07-0004 for APN 061-440-031 Owner: Roy and Shirley Cunningham Applicant/representative: same Location: This—5 acre parcel is located at 66 Bonnie Meadow Lane at Stephens Ridge Road, in Berry Creek. Supervisor District: #1 —Supervisor Connelly Current Zoning: U (1/6/87) General Plan: AR Development Plans: Unknown :History: The parcel was created by a grant deed in May 23, 1970. Zoning at the time of creation assumed to be A-2 and the General Plan Designation was Open Area Forest and Grazing, for which there was no minimum acreage size. Forest Road Easement recorded with the Stephens Ridge Land Owners Association September 24, 1998. Comments/Conditions: 1. Public Works—provide two-way traversable access to the parcel from a publicly maintained road; $7.00 recording fee for Certificate of Compliance 2. Environmental Health—adequate area for a sewage disposal system plus replacement area. Generally wells in the area are low producers but have adequate quantities for a single family dwelling. 3. CDF: Place following note on COC: "All new structures must meet fire safe regulations of the Butte County Code and PRC 4290 and 4291." 4. Ag Commission—no conditions or mitigation Other: In Deer Heard zone but development permitted; Critical Winter Range to the west with 40-acre minimum lots. Not in a watershed preservation zone, or in or adjacent to lands under Williamson Contract. S �� � 1. - �'•river t r � -A+ Li ��• �. I.`v_ NY yg?�'. �` O� � +��' •'h.,q �_4' �,.�. 'rte ' .�, ,�. ?� ` •{ +, '�'� ,�, '4o U r i. S �•• 4 o o a o o V 4s ' n x I+ j�3l�LO. ^7gh�M C -Li �*' .� � f, 7��i .¢ `p - ,rte ti s •, I+ a�:. �L rl . q•"y, �� � .f,,. ��` a�.4w�+A,��•�-C++-z3^ �• a` � i•f�>�., '+ - �� \� % � �, � �fs��l` � `xM ,!T �;'� [}Y L�.: .l �1. `rv.7�" r hr�il"s,�" ' i a '` `•"4��� �^�.�� .e,_ =z+► '� 061-440-031 Y. .. �.�: ': `ti y ✓' 15 •� a� f�,�;� h�.r ..,cam." r� .a _ IN,y� _ t 2 _n' �� �y ti,�- ,ti =O _ 'e��. -`• _s .S►.�`y ti '_,y � ♦-it �.y'a• '� ri"`. a,�. �_�S %.7a, �. o rrG^n°' r �i �\ '� =' � ,�'_rY't�•� �O. �w-���� ��+- `:'..�� �..s. �- .!` f,w-' „ j7 'y ,�• .r �; 1 4 t .. \7`� �Z•'•t;.,_.,w�„' •f Yrs � f Ti •_ ��' � .� i ` , li `. ° .. �t `t`�-r. 1_ �S' �. � ! .riff y r J �• Stephens Ridge Rd � IP * .J ,� f p G° - `n ,syr. ;� q�'* ;�;r" = ,Y ',• Mirage Lake Rd .� ,i Y-✓-_ � '�� `'.'-• tel- '1{ "�. .� 1 Y.. y:.f ,_I /,.— _ 1. _,__. Sy 'ti v y _tel � f \. :�' • 4y� } S'1 d Wild Yankee Creek � �,:.�r� �� .; ��; � ��'t a :�• ,�,7 fi � .� C" a 'c� ' �� �-u 41 Oro Quincy Hwy t ,� Ynts,µ4 0 1000 2000 Feet Cunningham DET07-0004 Aerial View al illigi sill %R—O, M-0 J e C.-B-owman IMM MONIER& IBM In 0 rol 10,16,11 �Mlm L ..z,"- �— � 1 Oro 0uincy Hwy L'u� Vy 7 �,�y. r, 6 �t �� - �r �• �r �r" u, r f Project SiteIrV ID 77. � ry a , 77 41 ti y '� if y "Y' _ e ..� 1 r i, ���. ,-i �. �, ,cit�'�• It Lake Oroville 'P-�3`i Fav, ,�. Wil— i" •�1 i'. � �, � �t' .-. ��. ° 0 1 2 3 4 5 Miles Cunningham DET07-0004 Location Map 061-440-031 _ Stephens Ridge RdAR f Mirage Lake Rd : Wild Yankee Creek i Oro Quincy Hwy �l 0 1000; 2000 Feet Cunningham DET07-0004 Local General Plan Designations ANSI 1200 OAF DIP OWN P-I PAF rENTEW, P NEW 'j, .'re p"I'loo, 11 ON gainglip PV ! f CRITICAL WINTER -RANG ;+U\ RE M1Nimu LOT %/, ,rte,. , ,�,, C 11► �( - - - 061-440-031 ME// 11 ----! E L Stephens"Ridge Rd ,Miragetake Rd SWiItl:Yankee Creek r ' IX Oro Quinc rH v, r / Y Wy a �_ ~ /1�/J r�� f �•�' —–� S "..ter%///t%.-'"i:i i/' _-, f ��. . i,�� ! .�%•�.!��'/� _ - _,---./'�—_. 0 w r tr-,,,• 1000 "2000 Feet Cunningham DET07-0004. ;Local Deer He Designations