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HomeMy WebLinkAboutDET 07-0008_PLANNING Z� ��INf � ll II IW II IUIX YI� I � � If � . 'SEPARATOR- SHEET' oN nv a� 3lD�d-14 PROJECT NUMBER OEC D� '000$ PROJECT SUMMARY SHEET FILE NO.: DET07-0008 PROJECT TYPE: LEGAL LOT DETERMINATION APN: 028-390-044 APPLICANT: Steven Hernandez ADDRESS: PO Box 572,Bangor,CA 95914 PHONE: 5306790141 OWNER: Doris Davis ADDRESS: PO Box 1955, Gilroy, CA 95021 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: The applicant is requesting a legal lot determination for APN 028-390-043, zoned A-5. The parcel is part of a Culet Judgment Area, and requires a Certificate of Compliance prior to the issuance of a development permit. LOCATED: The parcel is located at the end of Chiefs Track Lane,approximately 0.20 mile northeast of Prides Way, near the community of Bangor. PROPERTY ZONED: A-5 GENERAL PLAN DESIGNATION: AR TOWN/AREA: OROVILLE 1. Application accepted: 4/30/2007 Amount: $ Receipt#: 2. Assigned To::-Chris Tolley 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): May 7, 2007 5. Status Letter sent to applicant: 6. Date scheduled for IDR: May 23, 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. -4t!(,-Categorical Exemption-CEQA# 53�� 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 K://planning/projects/a new file/summary sheets/det summary sheet Revised 11/01/05 Butte County Department of Development Services BUTTE �,uTT� TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR COUNTY o 0 0 7 County Center Drive 0 0 Oroville,CA 95965 0 2007 0 (530)538-7601 Telephone APR 3 0 .b.e�,_, ... :, 'o (530)538-7785 Facsimile DEVELOPMENT SERVICES c�U N'�y PROJECT INFORMATIONProject# L107- APPLICANT'S N ME: (If appl'cant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: ADDRESS: STREET,CITY,STATE,&ZIP CODE ( TELEPHONE: r© 3 X o . .• L/—' A Cl �'Z I (S3 I ) Z E-MAIL: FAX: OWNER'S NAME: TELEPHONE: Da�r1 S 3 / ) 2 - 977S ADDRESS: STREET,CITY,STATE,&ZIP CODE: c-7,�rC) r4 9 S-0 2/ PROPERTY INFORMATION NAME OF PROPOSED PROJECT(if any) SITE SIZE(in square feet or acres) LOCATION OF PROJECT(major cross streets and address,if any) Cq:LEFS T,20cic L it ZONE GENERAL PLAN EXISTING LAND USE PROPOSED LAND USE 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/MUP ❑REZONE ❑VARIANCE ❑GENERAL PLAN AMENDMENT ❑MINOR VARIANCE ❑MINING AND RECLAMATION PLAN ❑LOT LINE ADJUSTMENT ❑DEVELOPMENT AGREEMENT ❑CERTIFICATE OF MERGER OTHER 6eAa �d �yy, J3 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.) y I 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 i5 to be authorized,execute an affidavit of authorize Jnclude the affidavit with this application.) DATE: '21110 7 SIGNATURE: 117 7N; " BUTTE xlz) 00 COUNTY APR 3 0 Z007 DE VELOPIVIENT SERVICES r nn �. H L� E DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) SEP 1 2 2007 NAME AND ADDRESS OF APPLICANT CANDACE J.GRUBBS.BUTTE CO.CLERK Steven Hernandez ���R�NCTQN DEPUTY PO Box 572 Bangor,CA 95914 FILING NO. Project Title/File Number: LEGAL LOT DETERMINATION,DET07-0008 APN: 028-390-044 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)#P452 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: August 10,2007 I 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 j Sacramento, CA 95814. Oroville, CA 95965 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: LEGAL LOT DETERMINATION,DET07-0008 Assessor's Parcel No.: 028-390-044 Applicant Steven Hernandez PO Box 572 Bangor,CA 95914 Project Location-Specific: Chiefs Track Lane, CA Project Location-City: Bangor Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: The applicant is requesting a legal lot determination for APN 028-390-043, zoned A-5. The parcel is part of a Culet Judgment Area, and requires a Certificate of Compliance prior to the issuance of a development permit. The parcel is located at the end of Chiefs Track Lane, approximately 0.20 mile northeast of Prides Way, near the community of Bangor. 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)] X Categorical Exemption. State type and section number: 15303 Statutorily Exempt — 15274(a) Reasons why project is exempt: 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 Tolley 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: Charles Thistlethwaite, Development Services Planning Manager COUNTY OF BUTTE AUDITOR'S CERTWICATE AND TREASURER'S RECEIPT OROViLLrE, CA ATR NO 24959 RECEIxaED FROM PLANNING BALD# 3M DATE 61212007 FUND FUND DEPT ACCT CASH DESCRIPTION Il' V# TITLE CODE CODE CODE CODE AMOUNT D E0US1T I:ATE: 5P RECEIPTS: P453 -P4.59 RECEWED ON: 511 PLANNING APDL FEES GENL 0010 44OW1 4210900 101001 3,463.63 LAND DEVELOPMEN''T GENL W10 44#,4's04 4611700 101001 539.70 ENIVIRONMEN'IAL HLTH PH FUND 0021 54CA313 4614901 101091 72$_00 FIRE PLNG APP L FEE FIRE PROTFCT 0100 450001 4617240 101001 234.50 NODINOE CLERK'S FILING FE GENL W10 470(01 4612319 10`1001 60.0.0 ($59) Project Number _ Arfiount of Fee _ APN: Is7-11�iJi73;tur�ti�i7-GG Z;i iLt 1A�,$ $ 50.00 TOTAL. $ 5.1065.83 APPROVED BY: RECEIVED BY: AUDITOR-CONTROLLER TREASURER BY: , ,� By: 3'1 hit£'treasurer pink auditor c na:y=depositor golden rod--file t t Butte County Department of Development Services AMF0 TIM SNELLINGS, DIRECTOR PETE CALARCO, ASSISTANT DIRECTOR o O o o 7 County Center Drive o _ o Oroville,CA 95965 0 o (530)538-7601 Telephone COU N.�`� (530)538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net i ADMINISTRATIONBUILDING* PLANNING MEMORANDUM FOR FUNDS TRANSFER To: Auditor-Controller's Office From: Development Services i Subject: Funds Transfer Date: August 28, 2007 Please transfer the following amount(s)to the Butte County Clerk-Recorder's Office for: Notice of Exemption: DET07-0006 APN:028-390-052 DET07-0007 APN:028-390-043 DET07-0008 APN:028-390-044 Applicant: Steven Hernandez ATR: 24859; 5/2/07 I Transfer Amount: $150.00 From Account: 0010-440001-4210900 To Account: 0010-470001-4612319 Please transfer funds,as it is time to do the NOD/NOE Recordation. Thank you for your attention to this matter. Diane Lewellen Account Clerk,Senior Administration Division Department of Development Services (530)538-6869 Fax(530)538-2140 Cc: County Clerk-Recorder 'N7T o 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 Warks 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. ■BUTTE COUNTY PLANNING COMMISSION■MINUTES n JULY 26,2007,■v-PAGE I ■ 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 ■BU I*TE COUNTY PLANNING COMMISSION■MINUTES•]UL•Y 26,2007,■v PAGE 2■ Name: 'Steven Hernandez Project: Legal Lot Determination Planner: Claris 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 0740 approving DET07-0006,PC 07-41 approving DET07-0007, and PC 07-42 approving DET07-0008 for Steven Hernandez. B. DET07-0004—staff recorrunended 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 COMMISSION■MIND rES■JULY 26,2007,■v 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: Commissioner 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.J011iffe 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■JULY 26,2007,■v PAGE 4■ f 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 ofthe 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.Jolliffe 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■MINUT L•S■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 1I 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 07-43. 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: 047-2.30-028 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..Jolliffe 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 13UTTE COUNTY PLANNING COMMISSION■MINUTES■JULY 26,2007,■v PAGE 6■ ti 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 Oroville (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 purling 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 ofa 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. a BU7711 COUNTY PLANNING COMMISSIONS MINUTES■JULY 26,2007,av PAGE 7 a 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 70i Street. Mr. Schroth said there are houses on 7`h 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 saidthat 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■ 1 Noes:None Absent: Commissioner Marin Abstain: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 Fellowship 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 staffat 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 Michelena 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 lie 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 COMMISSIONa MINUTES■1UL•Y 26,2007,■v PAGE 10 a 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. Scluoth said that Public Works is requiring a taper of 75 feet so that vehicles can enter the driveway safely. Chair Lambert asked ifthe 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. ■ BUTTE COUNTY PLANNING COMMISSIONS MINUTES■JULY 26,2007,■v PAGE I I■ 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 Cleric of the Board. VII. GENERAL BUSINESS-This section of the agenda is to be utilized by the PlanningCommission 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 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■ i 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 - Comimmications received and referred. (Copies of all connmrnication•s are available in the Planning Division Office.) XI. ADJOURNMENT Adjourned at 11:58 Ch 'r Lambert ■BUTTE COUNTY PLANNING COMMISSION■MINUTES•JULY 2G,2007,■y PAGE 13■ RESOLUTION 07 -42 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET07-0008 WHEREAS, the Planning Commission has considered Legal Lot Determination DET07- 0008 for Doris Davis, in accordance with Chapter 20, Section 160; Article VII, Violations and Certificate of Compliance, of the Butte County Code on Assessor's Parcel Number 028-390-044; and WHEREAS, the Planning Commission has determined a Conditional Certificate of Compliance as 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, a public meeting was held 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 is categorically exempt from the California Environmental Quality Act(CEQA)provisions under Section 15303. The A-5 zoning designation allows limited uses consistent with the new construction or conversion of small structures as described in section 15303. Subdivision of the property is not feasible given the existing lot sizes. 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 DET07-0008 with the conditions as set forth in the attachment (Exhibit A) to the resolution. A. The parcel size of 5-acres is in conformance with the current zoning and is conditionally consistent with Butte County General Plan land use designation. B. The Conditional Certificate of Compliance for the parcel will not be detrimental to the health, safety and welfare of the surrounding area. r DULY PASSED AND ADOPTED this 26" day of July, 2007, by the following vote: AYES: Commissioner Leland, Wilson,Nelson, Chair Lambert NOES: None ABSENT: Commissioner Marin ABSTAIN: None NfNA LAMBERT, Chair Planning Commission County of Butte, State of California ATTEST: INA BONHAM, Secretary Tanning Commission County of Butte, State of California EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APNs 028-390-044, DET07- 0008 I. CONDITIONS OF APPROVAL: 1. 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." 2. 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." 3. Place the following informational note on the Conditional Certificate of Compliance: "Prove that adequate quantities of domestic water for the single family residence are available to the parcel." 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 and 4291 and current Butte County Improvement Standards, whichever is stricter." 5. Pay the recording fee in effect at the time the Conditional 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 page of legal description attached as Exhibit "A", and 1 page of conditions attached as Exhibit`B". 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 Department of Development Services �V T TF TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR 0 0 0 0 7 County Center Drive 0 /� o Oroville,CA 95965 c -='_ei_'-� o (530) 538-7601 Telephone cOUN'�y (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING July 27, 2007 Steven Hernandez PO Box 572 Bangor, CA 95994 Re: Legal Lot Determination DET07-0008 APN: 028-390-044 Dear Mr.Hernandez: At the regular meeting of the Butte County Planning Commissionheld July 26,2007,your request for a legal lot determination for APN 028-390-043, zoned A-5 was approved. The parcel is part of a Culet Judgment Area, and requires a Certificate of Compliance prior to the issuance of a development permit.The parcel is located at the end of Chiefs Track Lane,approximately 0.20 mile northeast of Prides Way,near the community of Bangor. 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 of the Planning Commission is ifnal. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Paymentof 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 will expedite the approval proess 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 Tolley at 530-538-6573 between 7:30 a.m. and 4:30 p.m.,Monday through Friday. Sincerely, 'V47b-� Tina Bonham Commission Clerk Cc: Doris Davis PO Box 1955 Gilroy, Ca 95021 EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APNs 028-390-044, DET07- 0008 I. CONDITIONS OF APPROVAL: 1. 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." 2. 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." 3. Place the following informational note on the Conditional Certificate of Compliance: "Prove that adequate quantities of domestic water for the single family residence are available to the parcel." 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 and 4291 and current Butte County Improvement Standards,whichever is stricter." 5. Pay the recording fee in effect at the time the Conditional 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 page of legal description attached as Exhibit"A", and 1 page of conditions attached as Exhibit"B". 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: Steve Hernandez Location: At the end of Chiefs Track Lane, approximately 0.20 Owner: Doris Davis mile northeast of Prides Way, near the community of Bangor. File#: DET07-0008 Supervisor 1 District: Request: Legal Lot Determination/ Project Chris Tolley Conditional Certificate of Planner: Associate Planner Compliance G.P.: Agricultural Residential Zone Date October 7, 1975 Zoning: A-5 (Agricultural, 5-acre Parcel Size: 5-acres minimum) APN: 028-390-044 Attachments: A: Resolution with Exhibit A B: General Plan/Zoning Map C: Creation Deed (September 4, 1970; Document#1632-548) STAFF COMMENTS: The subject property was created by deed on August 31, 1970 contrary to the Subdivision Map Act and Butte County Subdivision Ordinance; it is in a Ben Culet judgment area. The parcel is vacant and septic system is proposed to be located on the property. The property is located on Chiefs Track Lane, approximately 0.20 mile northeast of Prides Way, near the community of Bangor, near the community of Bangor. Staff recommends approval of the Legal Lot Determination/Conditional Certificate of Compliance with findings and conditions. ANALYSIS: • The subject property was created by deed on September 4, 1970 contrary to the Subdivision Map Act and Butte County Subdivision Ordinance; it is in a Ben Culet judgment area. • The parcel was part of an illegal division by Ben Culet. A court decision determined that the parcels in the judgment area would need to apply for a legal lot determination/certificate of compliance. ■Butte County Department of Development Services■ ■July 26,2007 ■Hernandez DET07-0008 ■Page 1 of 6 ■ • Staff believes that the parcel was zoned A-2 prior to.the rezone to A-5 on October 7, 1975. The parcel size is consistent with the requirements of the A-2 zone. The parcel is consistent with current zoning of A-5 (Agricultural, 5-acre minimum). • The land use designation Grazing-Open Land that existed at the time of parcel creation specified a density of one to five acres per dwelling units. • There is no building permit issued for this parcel, although it appears that several out buildings and old mobile homes are located on the parcel.Note:according to the site plan submitted for this application, the existing buildings conform to the setback requirements. • A septic system is proposed to be located on the property through Environmental Health permit EHS06-0173. • Access to the parcel is provided from Chiefs Track Lane that connects with Prides Way and Grimy Gulch Road, which are private roads. Grimy Gulch Road connects with La Porte Road, which is a County maintained road. BUTTE COUNTY DEPARTMENTS AND OTHER AGENCIES REVIEW • The project was reviewed by the Butte County Public Works Department, Environmental Health Division, Fire Department/CDF,Agricultural Commissioner's Office, LAFCo, and the County Assessor's Office. • Comments/conditions received from Butte County Departments and other Agencies were reviewed and implemented into the proposed project conditions. 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 A-5 (Agricultural,5-acre minimum)zoning of the property. The A-5 zoning designation allows limited uses consistent with the new construction or conversion of small structures as described in section 15303. Use permits,with accompanying environmental review, would be required for uses inconsistent with this class 3 exemption. ■Butte County Department of Development Services ■ ■July 26,2007 ■Hernandez DET07-0008 ■Page 2 of 6 ■ it- f"F' �rR;! � H ,•� .�. � 1 111• ' I Irv, ,' }rr� ,z 1111 � `°L •^ 1 •I 1 � ,�-.•. 1 111 1 -� lww ♦ fJ �1 1 •1 1 •L.•,1.. F'._. t���t���77y1 �r,,�•T�..1.�. 5:'_ ...i� ��✓',�.�,, . [ r7 .L� 1• . t . • 1�?.,Zti+ �..,.}. P_.:+ � r. L t\1 ���fff I ,1 ��.,fy�5y�ryy A+721:r n DFT07-0006. .:ay5 L`j '1 ��A.- j11(�Jj+11 x'11 1•r , Az f. •i-.f7JI[J4. Ft 1 1 1 �� . 0 111. RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET07-0008 WHEREAS,the Planning Commission has considered Legal Lot Determination DET07-0008 for Doris Davis,in accordance with Chapter 20,Section 160;Article VII,Violations and Certificate of Compliance, of the Butte County Code on Assessor's Parcel Number 028-390-044; and WHEREAS, the. Planning Commission has determined a Conditional Certificate of Compliance as 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, a public meeting was held 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: 1. Finds this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under Section 15303. The A-5 zoning designation allows limited uses consistent with the new construction or conversion of small structures as described in section 15303. Subdivision of the property is not feasible given the existing lot sizes. 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. Il. Makes the following findings and approves Conditional Certificate of Compliance DET07-0008 with the conditions as set forth in the attachment (Exhibit A) to the resolution. A. The parcel size of 5-acres is in conformance with the current zoning and is conditionally consistent with Butte County General Plan land use designation. B. The Conditional Certificate of Compliance for the parcel will not be detrimental to the health, safety and welfare of the surrounding area. ■Butte County Department of Development Services ■ ■July 26,2007 ■Hernandez DET07-0008 ■Page 4 of 6 ■ . . • 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 Department of Development Services ■ ■July 26,2007 ■Hernandez DET07-0008 ■ Page 5 of 6 ■ EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APNs 028-390-044, DET07- 0008 I. CONDITIONS OF APPROVAL: 1. 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." 2. 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." 3. Place the following informational note on the Conditional Certificate of Compliance: "Prove that adequate quantities of domestic water for the single family residence are available to the parcel." 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 and 4291 and current Butte County Improvement Standards, whichever is stricter." 5. Pay the recording fee in effect at the time the Conditional 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 page of legal description attached as Exhibit"A",and 1 page of conditions attached as Exhibit"B". 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 Department of Development Services■ ■July 26,2007 ■Hernandez DET07-0008 ■Page 6 of 6 ■ \\\'� _ O \ ARS \ qj MA-5 •'� i��:.\ pia Ra � \\-----1 ' a4°- ! It /9 n _ i rn I •�'I — �- I CD a I I 1 I cut I cCpll ,\ d Dblo _iew IIsI,Zd ` Project Location \\ It J — --II CD i•� =\� \` ha o_ � I I�- --II.: :.•.. / ,,, \�`I A-160 /� `\ 7�,_� �1 it ,re AlIt i / rtle R nch I 1,200 600 0 1,200 2,400 3,600 4,800 6,000 7,200 8,400 9,600 10,800 Feet N BUTTE COUNTY PLANNING COMMISSION W E Applicant: Steven Hernandez Owner: Doris Marie Ortiz-Davis . Hearin Date: July 12, 2007 @ 9:00 a.m. Existing Zone:A-5 (Agricultural, 5 acre min.) s Request: Supervisorial •Legal Lot Determination for a parcel located within the Ben Culet Judgement Area. District#1 Assessor Parcel No: 028-390-044 File:DET 07-0008 z3aN VNU. 3H . M70—O6E—M 9000—LO 13C] %a ArM s 1 f� ''•\ �i .•-. Pte• i� /. �� O a�so -7 JOO[OJd roo (` \ L.4'� �0 cs o aoOl SSI i �� �.�.� uu L Le k-uu11 Ly ►x v. 4 d '.r 9'7 1 APR 3 0 2001 �4P1VIL BSER V10E N^lr R[G9RDIN(3 R[OUtfT[D by OF►J*ClA RapQIp RECORDD REUOUTEYSSTEAD BY AND Wi:tN R[C'ORD[D MAIL TO le,F[�. �I Douglas A. Wilson WliiKLUrmDER 701 3rd Avenue C=TY RECORDER C.To'- L Redwood City, California � FEE , . Tide Order No_ Fsmw No 995% SPACE ABOVE THIS UN[FOR R[CORD[RIS USE PAIL TAI•TARY[MT[TO {— V I � DOCUMENTARY TRA::SF:R TATE f.........�.................._......... NAM. Dougl a 3 A. Wilson MCOMPUTEO ON FULL VALUE OF PROPERTY CONVEYED.OR ADD•[.. 701 3rd Avenue COMPUTED ON FULL V+LUE LESS LIENS 6 ENCUM69ANCES Cmb Redwood City, California ,MAN TM ONATTIME FsalI STATt I C ZR-1�.............WM Co.VU .............................................. Siouewn of d•d-mm m-gem d4 a miD'Da tar . Eim As" �frtbi�i�►u�Y point�Certacrtcp Eeb tv PAv W[1T[RN TITLK FORM NO.103 FOR VALUE RECEIVED, CHARLES MURRAY TR., and JOAM '.UMAY, his wife GRANT---.10 DOUGLAS A. WILSON and CHRISTINA WILSON, his wife as JOINT TENANTS all that real property situate in tib unincorporated County of Butte " ,State of Califomis,described as follows: A portion of the South half of Section 33, Township 18 North, Range 5 East, M.D.B. & M., more particularly described as follows: Commencing at the Northvest corner of said Section 33;.Akence South 2022138" East along the West line of said Section 33, a distance of 2621.42 feet; thence North 880 5012811 FAst a distance of 1987.41 feet; thence South 2013101" Fs.st a distance of 334.235 feet, to the point of beginning for the parcel of land described herein; thence from- --gid point of beginning, North 2013101" West a distance of 33..235 feet; thence North 88050128" East a distance of 653.06 feet; thence South 2012106" _ iEast to a point that bears North 89007121" East from the point of beginning; thence South 89007121" West to the point of beginning. TOGETHER WITR AND RESERVING THEREFROM a non-eyclusive easement for road and public ► ! utility purposes over a strip of land 60 feet in width lying 30 feet on each side of the following described centerline: I Beginning at a point that bears North 2013101" West a distance of 60.0 feet from the Southwest corner of the above described property; thence South 2013101" East a distance of 394.235 feet; thence South 89024'14" hest a distance of 658.72 feet; thence South 2013158" East, a distance of 662.00 feet to a point on the North line of Bangor Tract Unit No. 1, according to the Official Map thereof, filed in the j office of the Recorder of the County of.Butte, Stste•of California on September 22, 1911 in BoC1_c 7 of Maps, at page 50, and the end of the herein described centerline. A1•)0 TOGETHER WITH a non exclusive easement for road and public utility purposes over a strip of land 60 feet in vidth lying Northerly of and adjacent to the North boundary of said Bangor Tract Unit No. 1 and Westerly of the West line of LaPorte County Road. BOOR1632 PArIF548 �-•._ _ �.... _ ' r `•li: ri. :_; _•. .� 1. 1 ��...���� Butte County Dartment of Development o�UTtFo Services 0 0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 o ,__ o 7 County Center Drive o -�_�' "'�0 Oroville, CA 95965 cOUN'�y (530) 538-7601 Telephone (530)538-7785 Facsimile May 7, 2007 To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Steven Hernandez,DET07-0008 Planner: Chris Tolley APN: 028-390-044 Location: The applicant is requesting a legal lot determination for APN 028-390-043, zoned A-5.The parcel is part of a Culet Judgment Area,and requires a Certificate of Compliance prior to the issuance of a development permit.The parcel is located at the end of Chiefs Track Lane,approximately 0.20 mile northeast of Prides Way,near the community of Bangor. 30-Day Complete May 30,2007 Date of IDR May 23,2007 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, Building Manager, 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 May 23,2007. 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: cto I ley@buttecounly.net Signature: Department: Date: K:/Planning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: Steven Hernandez DATE: 4/30/2007 AGENT: APN: 028-390-044 FILE#: DET07-0008 PLANNER: Chris Tolle PROJECT DESCRIPTION: The applicant is requesting a legal lot determination for APN 028-390-043,zoned A-5.The parcel is part of a Culet Judgment Area,and requires a Certificate of Compliance prior to the issuance of a development permit. The parcel is located at the end of Chiefs Track Lane,approximately 0.20 mile northeast of Prides Way,near the community of Bangor. Required for all Certificates of Compliance: 4 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.: _ 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 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. • • Butte County Department of Development Services a QTrF0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR ' o 0 0 0 7 County Center Drive 0 -mss=_¢J o Oroville, CA 95965 0 0 (530) 538-7601 Telephone cDUN'�y (530) 538-7785 Facsimile www.buttecounty-net/dds ADMINISTRATION* BUILDING" PLANNING May 7,2007 TO: Enter Agency or Department FROM: Chris Tolley, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Steven Hernandez, DET07-0008 APN: 028-390-044 DATE OF Inter-Departmental Review: May 23, 2007 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: May 21, 2007 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: June 7,2007 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 May 23, 2007, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The applicant is requesting a legal lot determination for APN 028-390-043, zoned A-5. The parcel is part of a Culet Judgment Area, and requires a Certificate of Compliance prior to the issuance of a development permit. The parcel is located at the end of Chiefs Track Lane, approximately 0.20 mile northeast of Prides Way, near the community of Bangor.. COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: A-5 (Agricultural, five-acre parcels), GENERAL PLAN: AR If a response cannot be submitted prior to the due dates listed above, please call Chris Tolley at 538-7603 or send him an email at ctolley@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:\PROJECTS\Trakit Merge Documents\REQUEST FOR COMMENTS.doc F • "DRAFT"LEAD IN SHEET PROJECT NUMBER: r noob AP#(s): D26 3 `�4 APPLICANT: llitl,�Jr �n/ �f�r/C OWNER(S): ILyS �5 REPRESENTATIVE: PROPOSED REQUEST: (by counter planner) FINAL REQUEST: (by project planner) LOCATION: (by counter planner) FINAL LOCATION: (by project planner) EXISTING ZONING: {�} -'S GENERAL PLAN DESIGNATION: SIZE: SUPERVISORIAL DISTRICT#: t DATE RECEIVED: kf �d. `?.c9�� COUNTER PLANNER'S INITIALS: ASSIGNED PLANNER: Date Project Assigned: IDR Date: 3030 Da�Complete: { 1 y COMMENT DISTRIBUTION LIST Project Number: (L)ET-4>-7-oO 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 Works/Land Dev _ Town of Paradise _ Chief Administrative Officer "w136.. 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-Chico _ Pacific Bell Chambers Cable TV PG&E South-Oroville Viacom Cable TV Irrigation District: Biggs/West Gridley Water _ Durham Irrigation Dist. _ Paradise Irrigation Dist. Richvale 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.: ILII III III I N!I I II IIII I I!!I l 11 llll 2000-00 1 --z 1 45 Recorded I REC FEE 10.00 WHEN RECORDED,MAIL TO: Official Records I PCOR—PR 20.09 Of I y DORIS MARIE DAVIS CountBUTTE 1 309 LOS LOMES DRIVE CANDACE J. GRUBBS I WATSONVILLE,CA 95076 ; „r_ Recorder I :m3nt NOT Assistant DICKSON I Assistant 1 Nikki (' .' 4 30 R I T 10:35AM 05—Apr-2000 I Pae 1 of 2 -ar to.t71a!!Ing SPACE ABOVE TH15 LINE FOK KtUUKI)EK'J UJt: ?°tL MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX$ j DORIS MARIE DAVIS X_ Computed on the consideration or value of property conveyed;OR 309 LOS LOMES DRIVE _Computed on the consideration or value less liens or encumbrances WATSONVILLE,CA 95076 remaining at time of sale. tCL Signature of Declarant or Agent determinin x•Firm Name N: 02811-151 Chpngo of OA nsr- GRANT DEED ship Statement NOT F1ad.(See.480.1 &T FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged(Code).Sent to malltng address on docum3nt. CHRISTINA WILSON,as her sole and separate property, hereby GRANT(S)to: DORIS MARIE DAVIS,as her sole and separate property. The real' •roe in the Unincorporated in the County of Butte State of California described as: • P P rh' rP tY Description: . See attached description "This is a bonafide gift and grantor received nothing in return,R& T 11911." Dated:April 3,2000 Christina Wilson STATE OF CALIFORNIA COUNTY OF BUTTE On 4 April 2000 before me,HEATHER M.WILLIAMS,a Notary Public,pens nally appeared; RISTINA WILSON []personally known to me,or.Qd proved w be a basis of satisfactory avid be the petsonV)whose name e sub •bed to the within instrument and acknowledgedfomethath h hey executedthesameicvt rauthorizedcapacity ),and atbyhi er heirsignaturefd5onthe instrument the person(y�,or the entity V.behalf of which the pa 'executed the instrufnent. l WI ESS my hand and official seal. t qz HEATHER M.WILUAMS� COMM.f 1251768 NOTARY PUBLIC-CALIFORNIAQ BUTTE COUNTY BUTTIII COMM.EXP.JAN.A 1004• (Seal} 1� COUNT APR 3 0 2007 DEVELOPMENT SERVICES L portion of the South half o!' :;ucti.on 33, Tounahip .18 Porth, Runge 5 Mat, )LD-11. 1: M.,, rwi-o particularly doneri.bed as follows: -Commencing at the Northvicet corner of said Suction 33; kh,?nco South 2022.138" East vlong tho West lino of avid Section 33, a distance of 2521.42 feet.; thence North.84 5012bll 11 '4#S'1lvnnm or 1907.k/i t+eer; thftq, 30uL11 24-11'0111 East u djt Lance o�- 334.235 feet, to the point of b^ginning for the porcel of land dep:riW herein; thenco from snid point of br�binning, tlorth 21113,0111 West a distance of 334.235 t'eet; thonce Porth 238°50'28" [ngt a distance of 653.06 feet; thence South 2112'061, East to a point that bears I-lorth .89°07121" Enst from the point of beginning; thence South 89107,21" Wast to the point of beginning. TOGETRER WITH AND RESERVING THEREFROM a non-exclusive easement for road and public utility purposes over a strip of land 60 feet in width lying 30 feet oil each side of the folloving described centerline: Beginning at a point that L•ears ;!ort.h 2.01310111 West a distance of 6U.0 fent from the Southvest corner of the atove described property; thence South 2013101" East a distance of 394.235 feet; thence South 89024,14" West a distance of 658.72 feet; thence South 2°13158" Fust, a distance of 662.00 feet to a point on the North line. of Bangor Trac Unit No. 1, according to the Official Map thereof, filed in the office of the Recorder of the County of Buc:te, State of California on September 22, 1911 in Book 7 of Mope, at page 50, and the end of the herein described centerline. ALSO TOGE'IER WITH a non oxclusive easement for road and public utility purposos over a strip of land 60 feet in vidth lying Northerly of.and adjacent to the North boundary of said Bangor Tract Unit No. 1 and Westerly of the Wept. County Rand. ecaa<16 �N,s 548 END OF DOCUMENT dut:rd wwLl.y � $�' BpT•1,E COv''Z r APR 3 0 2007 D-EvRN RECORDING REQUESTED SY RECORD REOUfS1E0 By AND WRRM RaeoRD50 MAIL TO r 1 V T �. 2 A.Douglas Wilson yC0101NRFC 0 701 3rd Avenue 1�8i1 CITY Redwood CitCalifornia , - �..11 L _jy. FU Tltle Order No R-�NO .99566 JSPACE ASOVE THIS UNE FOR RECORDER'S USE rauT.an.nMax»to `S 't DOCUMENTARY TRA:;SFER TAIL S..�..'_��..._......._ MArs Dougla3 A. Wilson XCOPPVTEDONFULL VALUE OFDROPtR7YCONVEYED.Oa ate•• 701 3rd Avenue 0 COMPUTED ON FULL V+WE LESS LIENS a ENCUMBRANCES e,1.. Redwood City. California •; C; TM oNATTUKEQ�s�,u L �p ....._...._.................................................ams ca•>ATIe coi tiiSYFwr•d d.d.np1 0,• f" • W09 18,a OM*A" � �f ai�u�t�'ofnt�ettact�cp eeb ;rx�c PAfly W[STLRN TITLa PORM NO.105 FOR VALUE RECEIVED, CHARLES MURRAY JR., and JOAM '.MAY. his wife GRAN to , DOUGLAS A. WILSON and C1161STMA WILSON# his wife as JOINT TENANTS all that real property skuate in The 4`; unincorporated qty,of Butte -°: '" State of CaUfornia,deaafbed at Wows: A portion of the South half of Section 33, Township 18 North, Range 5 Fast, M.D.B. & M., more particularly described as follows: Commencing at the Northwest corner of said Section 331.4hence South 2022138" East along the West line of said Section 33, a distance of 2621.42 feet; thence North 880 50128" East a distance of 1987.41 feet; thence South 2013101" Fest a distance of 334.235 feet, to the point of beginning for the parcel of land described herein; thence from --•id point of beginning, North 2013101" West a distance of 334.235 feet; thence North 88050128" Fast a distance of 653.06 feet; thence South 2012106" -- East to a point that bears North 89007121" East from the point of beginning; thence South 89007121" West to the point of beginning. TOGETHER WITH AND RESERVING THEREFROM a non-erclusive easement for road and public utility purposes over a strip of land 60 feet in width lying 30 feet on each side of the folloving described centerlines I i Beginning at a point that bears North 2013101" {feet a distance of 60.0 feet from the Southwest corner of the above described property; thence South 2013101" East a distance of 394.235 feet; thence South 89024114" deet a distance of 658.72 feet; thence South 2013158" East, a distance of 662.00 feet to a point on the North line. of Bangor Tract Unit No. 1, according to the Official Map thereof, filed in the office of the Recorder of the County of,Bntte, State'of California on September 22, 1911 in Bock. 7 of Maps, at page 50, and the'end of the herein described centerline. A1"0 TOGETHER I,TITH a non exclusive easement for road and public utility purposes over a strip of land 60 feet in tiIdth lying Northerly of and adjacent to the North boundary of said Bangor Tract Unit No. 1 and Westerly of the West line of Laporte County Road. 800816V ►Ar,E548 - butte county 4.4 to 1 I 't 1: 19 . •� �•3 , . ,. .tri �••' µ'. . . .. .�..,,:.e� STATE OF CALWORTRA n. Batte ,}to n. 'August -o-70 peMs ar,fae oeAertlSaed ' FOR tt&MRY GLIAL OR s'tA:;t •Notary��ne,Ip m�4l!aeer�.. Charles HIurrel�Jri Joanr�yna"_" ;. 9 " °J Ks ,, A ' v mown to ma to bo a@ made $'are ;.. `_ `,. .�,,'Y n t:.,;<.f y �.w.$ .n� I wbw OWa abscr&;d to dw ofta►meq and aebw*ledpd'to ata test Y r 1; , OLM,ARA,K GXIMM NoLryFoblk >n A • , t +Irlm.�s+r3�.ii�w 9.1917 tk I „ %t1AIL7AXlITAT +�0'Ol_n¢4TtpADO Ht' tit ?`�"�'K•` �� ��{ _� ty'� -'•.'�k •,tj .'11 ..157. 4; "�1.4./,.�{r3t° •f. '•; +' 1.� :� �.� + OFFICE OF COUNTY COUNSEL REQUEST FOR LEGAL SERVICES Date Submitt 07/13/07 Department: DDS-Planning From: ; Phone Number: _7785 D" ent 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 �E�07;660�(�{�roarJ d�z)>�ti eys DET07-0004 (Cunningham) C. 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: Attorney Assigned: Log Out Date: Revised 3/06 PROJECT COORDINATION FORIA DATE of IDR: 5/23/07 PLANNER: Chris Tolley PROD. NAME: Hernandez, Steve PRO.I. NUMBER: DET07-0006. � � & o TYPE: Completeness of Application APN: 028-390-052 Evaluation DEPARTMENT COMMENTS READY FOR HEARING? PLANNING 111Ar PUBLIC WORKS ENVIRONMENTAL HEALTH COUNTY COUNSEL AG. BUILDING ASSESSOR FIRE G:\ADMINISTRATIONIIDR Agenda\2007.IDR Agendas\PROJECT COORDINATION FORM.doc Butte County Department of Development Services a�'�TrF0 TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o a C 0 0 7 County Center Drive o 0 Orovllle,CA 95965 (630)638-7601 Telephone (630)538-7785 Facsimile www.buttecounty.netldds ADMINISTRATION" BUILDINGPLANNING May 7,2007 TO: Enter Agency or Department FROM: Chris Tolley,Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Steven Hernandez,DET07-0008 APN: , 028-390-044 DATE OF Inter-Departmental Review: May 23,2007 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: May 21,2007 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: June 7,2007 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 May 23, 2007, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The applicant is requesting a legal lot determination for APN 028-390-043, zoned A-5. The parcel is part of a Culet Judgment Area, and requires a Certificate of Compliance prior to the issuance of a development permit. The parcel is located at the end of Chiefs Track Lane, approximately 0.20 mile northeast of Prides Way, near the community of Bangor.. COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: A-5 (Agricultural, five-acre parcels), GENERAL PLAN: AR If a response cannot be submitted prior t6the due dates listed above,please call Chris Tolley at 538-7603 or send him an email at etolley@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 prgiect planner. IDR COMMITTEE–APPLICATION COMPLETE ' No Name- Date: Yes Nameq �� '� _ Dee: .S- �. G:'461ECTSlrrakit Merge Documents\REQUEST FOR COMMENTS doc BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: Steven Hernandez DATE: 4/30/2007 AGENT: APN: 028-390-044 FILE 4: DET07-0008 PLANNER: Chris Tolle PROJECT DESCRIPTION: The applicant is requesting a legal lot determination for APN 028-390-043,zoned A-5.The parcel is part of a Culet Judgment Area,and requires a Certificate of Compliance prior to the issuance of a development permit.The parcel is located at the end of Chiefs Track Lane,approximately 020 mile northeast of Prides Way,near the community of Bangor. Required for all Certificates of Compliance: 4 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 Dent,Conditions: Prove that adequate quantities ofdomestic 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 V11 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 on parcels/lots shall comply with the Iatest'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 Butte County De#tment of Development �%U)T Services o 00 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 7 County Center Drive o `r°t 'r o Oroville, CA 95965 cOU% (530) 538-7601 Telephone (530) 538-7785 Facsimile July 11,2007 To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Steven Hernandez,DET07-0008 Planner: Chris Tolley APN: 028-390-044 Location: The applicant is requesting a legal lot determination for APN 028-390-043, zoned A-5. The parcel is part of a Culet Judgment Area,and requires a Certificate of Compliance prior to the issuance of a development permit. The parcel is located at the end of Chiefs Track Lane,approximately 0.20 mile northeast of Prides Way,near the community of Bangor. 30-Day Complete May 30,2007 Date of IDR May 23,2007 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, Building Manager, 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 May 23,2007. Do you find this application complete? X IYes. Conditions and/or mitigation measures are attached or will be provided at the IDR meeting. No apparent adverse agricultural issues, no other conditions or mitigating measures. Signature: RQ6ert C. �Cia PguV, . Commissioner Department: Agriculture Date: May 8,2007 UPlanning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 Butte County Department of Development Services 0 Tr�0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive 0 0 Oroville, CA 95965 0 --- 0 (530)538-7601 Telephone (530)538-7785 Facsimile www.buttecountv.neVdds ADMINISTRATION * BUILDING* PLANNING May 7,2007 TO: Enter Agency or Department FROM: Chris Tolley, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Steven Hernandez, DET07-0008 APN: 028-390-044 DATE OF Inter-Departmental Review: May 23,2007 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: May 21, 2007 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: June 7,2007 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 May 23, 2007, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The applicant is requesting a legal lot determination for APN 028-390-043, zoned A-5. The parcel is part of a Culet Judgment Area, and requires a Certificate of Compliance prior to the issuance of a development permit. The parcel is located at the end of Chiefs Track Lane, approximately 0.20 mile northeast of Prides Way, near the community of Bangor.. COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: A-5 (Agricultural, five-acre parcels), GENERAL PLAN: AR If a response cannot be submitted prior to the due dates listed above, please call Chris Tolley at 538-7603 or send him an email at ctolleyna 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: X Yes Name: Darren Read Date: 5/7/07 G:\PROJECTS\Trakit Merge Documents\REQUEST FOR COMMENTS.doc BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: Steven Hernandez DATE: 4/30/2007 AGENT: APN: 028-390-044 FILE#: DET07-0008 PLANNER: Chris Tolle PROJECT DESCRIPTION: The applicant is requesting a legal lot determination for APN 028-390-043,zoned A-5.The parcel is part of a Culet Judgment Area,and requires a Certificate of Compliance prior to the issuance of a development permit. The parcel is located at the end of Chiefs Track Lane,approximately 0.20 mile northeast of Prides Way,near the community of Bangor. Required for all Certificates of Compliance: 4 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.: _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 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. BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: Steven Hernandez DATE: 4/30/2007 AGENT: APN: 028-390-044 FILE#: DET07-0008 PLANNER: Chris Tolley 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 I 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. Butte County De#1ment of Development i vTTF Services o °0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 -- - _ o 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile July 11,2007 To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Steven Hernandez,DET07-0008 Planner: Chris Tolley APN: 028-390-044 Location: The applicant is requesting a legal lot determination for APN 028-390-043, zoned A-5. The parcel is part of a Culet Judgment Area,and requires a Certificate of Compliance prior to the issuance of a development permit.The parcel is located at the end of Chiefs Track Lane,approximately 0.20 mile northeast of Prides Way,near the community of Bangor. 30-Day Complete May 30,2007 Date of IDR May 23,2007 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, Building Manager, 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 theIDRmeeting on May 23,2007. 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: ctolleynae.buttecounty.net Signature: E. Schroth Department: Public Works Date: 5/25/07 UPlanning/Projects/A New File/IDR Memos/DR Completeness 8/30/05 Butte County Department of Development Servic s; BUTTE UTt TIM SNELLINGS,DIRECTOR PETE CALARCO,ASSISTANT DIRECTOR COUNTY c��W-11]r�i, °° APR _ 7 County Center Drive 2007 ° __ --' ° 3 0 o Oroville,CA 95965 DEVELOPMENT ° ' r® „® ° (530)538-7601 TelephoneC y (530)538-7785 Facsimile SEdtVICES Q(f 11 LEGAL LOT DETERMINATION APPLICATION Applicant Name: D 17— Project Number: kxEr'67- 0006 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. Applicapt Planner 1. ❑ A completed, signed Project Information Form. 2. �E] If the application is signed by an agent for the. property owner, an Agent U115T,rCA Authorization Form must be submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. . 3. ID"-' ❑ Payment of the currently required Application Fees. Make checks payable to "Butte County Treasurer". Public Fee Schedule is avails le un er "Fees" at: http://www.buttecopnty.net/dds/Planning/ - Application fees are non-refundable. Applicant's Initials 4. ❑ Verification of ownership (e.g., current vesting deed or current title report) 5. LET" ❑ 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 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. ❑ ❑ 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. f ❑ ❑ North arrovand 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\L.egal_Lot Determination.doc Revised 09/05/06 2 AGENT AUTHORIZATION BUTTE COUNTY APR 3 0 2007 To Butte County, Department of Development Services: DEVELOPMENT v ( SERVICES" Print Name of Agent Phone Number Mailing Address is hereby authorized to process this application on my/our property,identified as Butte County Assessors Parcel Number(s) This authorization allows representation for all applications, hearings, appeals,etc. and to sign all documents necessary for said processing,but not including document(s)relating to record title interest. Owner(s) of Record(sign and print name) Print Name Print Name Signature Signature Print Name. Print Name Signature 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\ProjectlnfoForm_AgenLonly.doc BUTTE COUNTY . N APR 3.0 2007 DEVELOPMENT SERVICES APN # 28-39 -*44 Q a m 0 0 4 APN # 028-390-245 N N O O PRIVET ROAD Q Z N PRIVET 6ATE CHIEFS IRMr, N N N N O O O O N N N N 0 0 4 0 0 4 PLOT PLAN FOR: PLOT PLAN APN # 028-390-242-245 / 028-390-250-253 SGALE: 1" = 200' BUTTE COUNTY, CA STREAM . POND Q m � u • 5HE17 DRIVEWAY a BARN Q cn b a FF 653'-O't PLOT PLAN FOR: PLOT PLAN APN # 028-390-044 SCALE: V = 50' BUTTE COUNTY, CA BUTTE COUNTY APR 3 0 2007 DEVELOPMENT SERVICES