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DET 07-0006_PLANNING
zCo . Uu� UTAYnYVAn� �� ll� lnll SEPARATOR SHEET APN aaoJ[n rvuwiBEP 0 PROJECT SUMMARY SHEET FILE NO.: DET07-0006 PROJECT TYPE: LEGAL LOT DETERMINATION APN: 028-390-052 APPLICANT: HERNANDEZ, STEVEN ADDRESS: P O BOX 572,Bangor,CA 95994 PHONE: 5306790141 OWNER: HERNANDEZ, STEVEN ADDRESS: P O BOX 572,Bangor, CA 95994 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: The applicant is requesting a legal lot determination for APN 028-390-052, 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 on Grimy Gulch Road, approximately 0.25 mile west of La Porte Road, near the community of Bangor. LOCATED: Grimy Gulett Rd., Bangor Chiefs Track Ln. PROPERTY ZONED: A-5 GENERAL PLAN DESIGNATION: AR TOWN/AREA: Bangor 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. k c4 Categorical Exemption-CEQA# t5SO 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 sunmary sheet Revised 11/01/05 Butte County Department of Development Services T TF TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTAi ,. DICF% 0 0 7 County Center Drive (I o 0 0 0 Oroville,CA 95965 (530)538-7601 Telephone APR 3 0 2007 0 0 o •: _ . .: o (530)538-7785 Facsimile DEVELOPMENT COV Nty M;SERVICES 4 PROJECT INFORMATIONDEProject# 7S47-0W APPLICANT'S N ME: {If appl'cant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: e v2b _ -c/D _ QSL ADDRESS: ST £T,CITY,STATE,&ZIP CODE TELEPHONE: S•77 S• r© 3 0X IC,5-S— 'Irk G 14 O-Z I (S3 1 ) Z E-MAIL: FAX: OWNER'S NAME: TELEPHONE: l4 3! ) Z - S77S ADDRESS: STREET,CITY,STATE,&ZIP CODE: 442 gam ��s s, C-7,11'0k4 1, L 14 gs-o2-t T PROPERTY INFORMATION NAME OF PROPOSED PROJECT(if any) SITE SIZE(in square feet or acres) 19P vcJ1G ��C LOCATION OF PROJECT(major cross streets and address,if any) 4f :7 Iz x o kc 14 ZONE GENERAL PLAN EXISTING LAND USE PROPOSED LAND USE l 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 Civ hip r�.�'e f� l PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size of parcels.) OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INF RM IS TRUE AND ACCURATE. (If an agent is to be authorized,execute an affidavit of authonizati and include the a it i is application.) DATE: d O 7_ SIGNATURE: _ry'y AGENT AUTHORIZATION BUTTE COUNTY APR 3 0 Z007 To Butte County,Department of Development Services: .DEVELOPMENT A- SERVICES Print Name of Agent Phone Number Mailing Address is hereby authorized to process this a lication on my/our property,identified as Butte County Assessors Parcel Number(s) This authorization allows represen ation for all applications, hearings,appeals,etc. and to sign all documents necessary for said processing,but not includin document(s)relating to record title interest. Owner(s)of Record(sign and rint name) Print Name Print Name Signature Signature Print Name Print Name Signature Signature Print Name of Ap licant(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—Agent—only.doc .. a Butte County Department of Development Services AUT TF TIM SNELLINGS,DIRECTOR PETE CALARCO,ASSISTANT DIRECTOR c �',I /� °O BUTTIE 7 County Center DriveCQ o o Oroville,CA 95965 o r"'_� „o a (530)538-7601 Telephone APR 3 0 2007 C�(J N,�•` (530)538-7785 Facsimile IEVELOPmCNT LEGAL LOT DETERMINATIO CTION Applicant Name: Project Number: 4Ej"6 If approved, a Certificate of Compliance will be issued for the property. The Planning Commission may impose conditions on the Certificate of Compliance (making it a Conditional Certificate of Compliance). Conditions must be fulfilled prior to any development on the property or subsequent transfer of the property. (Ord. No.3188, § 1(Exh.A),3-14-95) APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services staff prior to submitting an application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Planner 1. ® ❑ A completed, signed Project Information Form. 2. ❑ If.the application is signed by an agent for the property owner, an Agent Authorization Form must be submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 3. ❑ Payment of the currently required Application Fees. Make checks payable to "Butte-County Treasurer". Public Fee Schedule is available under "Fees" at: / hqp://www.buttecoiM.net/dds/Planning/ �'��id�(,l Application fees are non-refundable.,( Applicant's Initials 4. . ® ❑ Verification of ownership (e.g., current vesting deed or current title report) 5. Q ❑ 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 App lic 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"i' 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. ❑ Q 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 route(s)to the nearest publicly maintained road. f ❑ ❑ North arrow and scale of drawing. g ❑ ❑ All documents and maps shall be clear and legible. Additional information may be required in order to clarify, correct or supplement the above submittal information as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Please call the Planning Division of the Department of Development Services at (530) 538-7601 if you have any questions about these requirements. Signature: Date: Appli an epresen e Signature: Date: la er Receiv Application K:\Planning\FORMS\APPLICATIONS\Legal_Lot Determination.doc Revised 09/05/06 2 ,I a � � DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT SEP 12 2007 HERNANDEZ,STEVEN CLERK P O BOX 572 VUODE Bangor,CA 95994 FILING NO. Project Title/File Number: LEGAL LOT DETERMINATION,DET07-0006 APN: 028-390-052 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)#P450 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 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. U DOSE1114010A r APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning-and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: LEGAL LOT DETERMINATION,DET07-0006 Assessor's Parcel No.: 028-390-052 Applicant: HERNANDEZ, STEVEN P O BOX 572 Bangor,CA 95994 Project Location-Specific: Grimy Gulett Rd., Bangor Chiefs Track Ln., 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 028-390-052, 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 on Grimy Gulch Road, approximately 0.25 mile west of La Porte Road, 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: .12 f Char es Thistlethwaite,bevelopment Services Planning Manager COUNTY OF DITTTF AUDITOR'S CERTTE 1l9D TREASURER'SRECEIPT 0 ROVILLE, CA ATFL NO 24859 RECEIVED FROM PLANNING BAG# 323 DATE 16121209 FUND FUND CREPT ACCT CASH DESCRIPTI03N INV# TITLE CODE CODE CODE CODE AMOUNT t..!L 1 f Li 7 L. d. RECEIPTS: P453 -P459 RECEIVED ON: 'al$ PLANNING APP1_ FEES CENL O010 44CMi 4210900 101001 3,463.63 LAND DEVELOPIWIEI�TT GEN1_ 0090+ 444CD4 4611700 101001 539.70 ENVIRONMENTAL I-II_TH Ptd FUND 0021 x+40013 4614901 131001 723.00 FIRE PLNG APPL FEE FIRE PROTECT 0iW 4511 4£17240 101001 284.50 NODINOE CLERK'S FILING FE GENL 011109 470001 4612319 1O1001 60-00 I: f1 Project Number _ r AFfioun4 6f Fee HPIN: 047-7210-003;%N;M/07-0002:iia WAM s 50.00'1 TOTAL. 5.1065.83 APPROVED BY. RECEIVED BY: AUDITOR-COM dIROI..I..ER TREASURER vi hitsa--tmasurer pink=auditor canarf--depositor golden rDc file l Butte County Department of Development Services 0 %JTrF0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 o o 7 County Center Drive o �_.-' o Oroville,CA 95965 ° (530)538-7601 Telephone C�UN•�'� (530)538-7785 Facsimile www.buttecounty.net/dds www.butteoeneralplan.net ADMINISTRATIONBUILDING` PLANNING MEMORANDUM FOR FUNDS TRANSFER To: Auditor-Controller's Office From: Development Services 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 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 i 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 Environmenlal Health Doug Fogel Public Works Eric Schroth III. ACCEPTANCE OF AGENDA-Commission members and staff may request additions, deletions,or changes in the Agenda order. It was moved by Commissioner Wilson, seconded by Commissioner-Nelson, and carried by the following vote Ayes: Commissioners Nelson, Leland, Wilson,and Chair Lambert Noes:None Absent: Commissioner Marin to accept the agenda. IV. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA (Presentations will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on any item presented if it is not listed on the Agenda) V. CONSENT AGENDA Consent items are set for approval in one motion. These items are considered non- controversial. No presentations will be made unless the item is pulled from the Consent Agenda for discussion. Any person may pull an item from the consent agenda. A. DET 06-19—staff recommended approval Name: Gerald Wilson Project: Legal Lot Determination Planner: Chris Tolley APN: 065-210-032 Zoning: RT-1-A Location: The parcel is located on the East side of Wood Drive about 500'south of Fir Haven Drive, in the community of Magalia. ■BUTTE COUNTY PLANNING COMMISSION■MINUTES■JULY 26,2007,■v PAGE 1 ■ 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. DETOG-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 a development permit. There is a 15-day appeal period on decisions with the Clerk of the Board. D. DET07-0007—staff recommended approval Name: Steven Hernandez Project: Legal Lot Determination Planner: Chris Tolley APN: 028-390-043 Zoning: A-5 Location: The parcel is located at the end of Chiefs Track Lane, approximately 0.20 mile northeast of Prides Way,near the community of Bangor. Proposal: The applicant is requesting a legal lot determination for APN 028-390- 043. The parcel is part of a Culet Judgment Area, and requires a Certificate of Compliance prior to the issuance of a development permit. There is a 15-day appeal period on decisions with the Clerk of the Board. E. DET07-0008—staff recommended approval ■BUTTE COUNTY PLANNING COMMISSION■MINUTES■JULY 26,2007,■v PAGE 2■ r Name: Steven Hernandez Project: Legal Lot Determination Planner: Chris Tolley APN: 028-390-044 Zoning: A-5 Location: The parcel is located at the end of Chiefs Track Lane,approximately 0.20 mile northeast of Prides Way,near the community of Bangor. Proposal: The applicant is requesting a legal lot determination for APN 028-390- 043. The parcel is part of a Culet Judgment Area,and requires a Certificate of Compliance prior to the issuance of a development permit. There is a 15-day appeal period on decisions with the Cleric of the Board. It was moved by Commissioner Wilson, seconded by Commissioner Nelson, and carried by the following vote Ayes: Commissioners Nelson, Wilson,Leland, and Chair Lambert Noes:None Abstain:None Absent: Commissioner Marin To approve the consent calendar adopting Resolution PC 07-40 approving DET07-0006,PC 07-41 approving DET07-0007, and PC 07-42 approving DET07-0008 for Steven Hernandez. B. DET07-0004—staff recommended approval Name: Roy& Shirley Cunningham Project: Legal Lot Determination Planner: Chris Thomas APN: 061-440-031 Zoning: U Location: The parcel is located at 66 Bonnie Meadows Lane in Berry Creek. Proposal: A request to determine the legality of APN 061-440-031. Chair Lambert requested to pull this item from the consent agenda. There is a 15-day appeal period on decisions with the Cleric 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■rULY 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 Conunissioner 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 Scluoth explained that access was granted through three different legal creations. He explained why there are several APN's listed and how the easements were obtained to gain access to the project parcel. Commissioner Nelson asked if the parcel would become two parcels_ Mr.Tolley said that it would stay as one parcel. Chair Lambert asked how the Planning Commission can apply the agricultural buffer. Ms.Jolliffe said the agricultural buffer will apply at the time of building permits. Mr. Charles Thistlethwaite said that Condition 4 may need new language to safeguard the agricultural buffer. He gave the new language "Place the following informational note on the Conditional Certificate of Compliance:"The location of the residential dwelling shall comply with Section 24-286 of Butte County Code implementing Policy 2.2 of the Agricultural Element of the Butte County General Plan,which requires consideration of a minimum 300-foot setback between agricultural and new residential uses." ■BUT•TE COUNTY PLANNING COMMISSION■MINUIES■JULY 26,2007,■v PAGE 4■ 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 ofthe Agricultural Element of the Butte County General Plan,which requires consideration of a minimum 300-foot setback between agricultural and new residential uses"and adopt Resolution PC 07-40. There is a 15-day appeal period on decisions with the Clerk of the Board. D. DET07-0004—staff recommended.approval Name: Roy &Shirley Cunningham Project: Legal Lot Determination Planner: Chris Thomas APN: 061-440-031 Zoning: U Location: The parcel is located at 66 Bonnie Meadows Lane in Berry Creek. Proposal: A request to determine the legality of APN 061-440-031. Chair Lambert asked about the number of units on a cul-de-sac rule and if second dwellings are allowed in the U zone. Mr.Chris Thomas said second dwellings are allowed. Ms.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 II 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 COMMISSIONS MINUIES■JULY 26,2007,■v PAGE 5■ ill 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 Larnbert Noes: None Abstain:None Absent: Commissioner Marin to approve DET07-0004 for Roy&Shirley Cunningham with the change to the Resolution II B to read as"The Conditional Certificate of Compliance is for a parcel on the rural-cul-de-sac Stephens Ridge Road that serves more than twenty parcels,several of which are less than twenty acres in size. Although non-compliant with Butte County Code Section 20-133, this Conditional Certificate of Compliance will not be detrimental to the health,safety and welfare of the surrounding area provided no second unit is allowed on the parcel consistent with Condition of Approval 2" and adopt Resolution PC 07-43. 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: 047-230-028 and 047-700-003 Zoning: A-40 APN: 047-700-004 Zoning: SR-3 Location: Approximately 2.5 miles east of State Highway 99 on the north side of Keefer Road, east of the terminus of Hicks Lane at Keefer Road, at 3746 Keefer Road, Chico. Proposal: A Tentative Subdivision Map.. Ms. 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'h Street is not proven ■BUTTE COUNTY PLANNING COMMISSION■MINUTES r JULY 26,2007,■v PAGE 6■ Name: Georgia Nelson Project: Tentative Parcel Map Planner: Carl Durling APN: 030-160-017 Zoning: AR Location: Parcel is located on the west side of 7"'Street,approximately 2,.300 feet south of Thermaiito 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 Durling gave a summary of the project. Chair Lambert opened the public hearing. Mr.Bill Dinsmore said the applicant has provided proof of legal access to Public Works. The proof was provided recently and Public Works has not had time to review the information. He said'the applicant does not mind waiting until the next Planning Commission meeting. Chair Lambert said there are the exception requests to Conditions 7 and 11 that need to be addressed. Commissioner Nelson asked if applicant planned on using both access points to the property. Mr. Dinsmore said that parcels 1-3 would go to 7`I'Street and parcel 4 would use Middlehoff. He said that the County needs to build a road to Feather. Commissioner Nelson brought up the difference between a dead end street and a cul-de-sac and what would be applied to the 20 parcel ordinance. Mr.Dinsmore said that he didn't believe that the applicant should have to deal with both the private road and the County road. Chair Lambert asked how Public Works sees the project. Mr.Eric Schroth said that Public Works looks at safety issues. He brought up the circumstance of a automobile accident blocking the road. Commissioner Leland asked if'Public Works could require lesser standards. Mr. Schroth said that if lesser standards are applied the traffic would eventually undermine the road. Chair Lambert asked what part of Middlehoff was private and what part was County maintained. Mr. Durling showed on the map where Middlehoff is a private road. Commissioner Leland asked if Butte County had allowed break-away gates. Mr. Schroth said yes. ■BUTTE COUNTY PLANNING COMMISSIONr MINUTES■JULY 26,2007,■v PAGE 7■ Commissioner Leland said it was his opinion that a break-away gate is all that the County can require. Commissioner Nelson asked if there was emergency access on.7°i Street. Mr. Schroth said there are houses on 7'I'Street so the County couldn't have a locked gate there. Commissioner Wilson asked if the County could do a joint venture with applicants to connect some of these roads and delete the cul-de-sacs. He said that Theimalito has several areas with this type of issue. Mr. Schroth said that is not Butte County's practice. Commissioner Nelson said that many ideas were brought up today. He would like staff to review them and try and find a solution that works for both the applicant and the County. Commissioner Leland said that he is not inclined to grant an exception. Mr. Dinsmore said that the public does not have the right to use the private road. He wouldn't have a problem using it for emergency access only. Commissioner Wilson said that people will buy houses on cul-de-sacs to stay away from traffic. Chair Lambert said that if Commissioner Wilson is correct,that there are several areas like this,then the decision that is made will set precedence for future projects. She said she is inclined to approve a partial exception if there is emergency access. Commissioner Wilson agreed. Commissioner Nelson asked if Public Works would be comfortable with an emergency access point. Commissioner Leland said he is concerned how an emergency access point will effect the no more than 20 units on a cul-de-sac rule. Mr.Schroth said he will have to research the issue. Mr.Dinsmore said that an open road would generate more traffic. The emergency access needs to be gated. Mr.Durling said staff would have to work with California Department of Forestry on gate and road requirements. Chair asked if all four parcels would be able to use the emergency access point. Mr. Durling said yes. It was moved by Commissioner Leland, seconded by Commissioner Nelson, and carried by the following vote Ayes: Commissioners Nelson, Leland,Wilson,and Chair Lambert BUTTE COUNTY PLANNING COMMISSION■MINUTES■JULY 2G,2007,■v PAGE 8■ Noes:None Absent: (commissioner Marin Abstain: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 carred 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 l to 2 staff at any given time. The facility is to be licensed through community care licensing of California. Commissioner Leland recused himself due to a conflict of interest. Mr.Mark 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 he is building a cement building that will negate most of the noise issues. Ms. Laura-Lyn Burch said the highway and railroad can be very noisy. She is concerned with the noise during construction and asked that the time be changed from 6 a.m. start time to 7 a.m. She said there isn't any screening of location from the scenic highway. Commissioner Nelson asked if Ms. Burch was asking for landscaping. Ms.Burch said yes. She said the Mitigated Negative Declaration was incorrect. The location is in a rural area and there is a fire hazard. r BUTTE COUNTY PLANNING COMMISSION■MINUTES r JULY 26,2007,■v PAGE 10■ I 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.Scluoth said those are not available at this time. Ms. Burch said she is concerned that an emergency vehicle may have difficulty turning into the driveway from the south. She said the Cherokee fire station is a volunteer station and that the Mitigated Negative Declaration said the area was predominantly commercial, but it is a rural area. She does not want her quality of life affected. Ms.Cindy Williams lives next door. She is concerned with noise during construction. Mr. Brandon Williams is concerned about removal of oak trees, dust, and noise from the construction. Commissioner Nelson asked if the school that is across the street is noisy. Mr.Williams said the kids do scream, but they aren't cursing. Mr.Gipson said that the noisiest time would be when the.cement truck is there. He said that most of the construction will start at 8 a.m.except for the cement truck which will be 7 a.m. Chair Lambert asked if Mr. Gipson has a time frame for construction. Mr. Gipson said the cement trucks will come four times to pour. After each time he has to wait 30 days for the cement to set. He said that he estimates 6-8 months for completion of project. He is working with Public Works to widen his driveway. His driveway entrance has accommodated bottom dumps hauling two trailers when he initially had the driveway put in. There is only a small corner of the building that is within the Scenic Highway designation. He said that ambulance response time is 6-7 minutes and that the building will be built of concrete with a sprinkler system. He said that no trees will be removed during construction. Chair Lambert closed the public hearing and confined comments to Commission and staff. Commissioner Nelson asked if Public Works is comfortable with the driveway. Mr. Schroth said that Public Works is requiring a taper of 75 feet so that vehicles can enter the driveway safely. Chair Lambert asked if the Mitigated Negative Declaration would need to be changed. Mr. Michelena said yes, he needs to change page 39 second paragraph to rural residential not j commercial. Commissioner Nelson said that the construction start time needs to be changed to 7 a.m. n BUTTE COUNTY PLANNING COMMISSION■MINUTES■JULY 26,2007,■v PAGE 11 ■ Mr.Michelena said the Scenic Highway designation does not require that commercial buildings be screened. There is a standard dust mitigation for construction. He said that with the type of construction and installing sprinklers, California Department of Forestry is comfortable with the project. It was moved by Commissioner Wilson, seconded by Commissioner Nelson, and carried by the following vote Ayes: Commissioners Nelson,Wilson,and Chair Lambert Noes: None Abstain: Commissioner Leland Absent: Commissioner Marin to approve UP06-0029 for Louis & Karin Gipson, adopt Resolution PC 07-45, and adopt the Mitigated Negative Declaration with the following changes: page 39 changing "commercial" to "rural",changing construction time from"6:00 a.m."to"7:00 a.m.",and striking second sentence from Condition 14 of Agenda Report. There is a 10-day appeal period on decisions with the Clerk of the Board. VII. GENERAL BUSINESS-This section of the agenda is to be utilized by the Planning Commission and Director of Development Services on items of interest,general discussion,or items for•which staff has been directed to do research and bring back to the Commission. items A,B,&C may not always be addressed at every hearing,but will always be listed as part of the agenda. A. Directors' Report B. General Plan/Zoning Ordinance Update Mr. Thistlethwaite updated the Commission on upcoming meetings for the Citizens Advisory Committee.. He said the Trends and Setting Report would be completed soon and forwarded to the Commissioners. C. Update of Board of Supervisors' Actions Mr.Thistlethwaite told the Commission of Code fix ideas presented to the Board of Supervisors. He said they liked the idea of a Zoning Administrator who could be the hearing body for non- controversial projects. D. Legislative Case Law update E. Planning Commission Concerns VIII. CLOSED SESSION IX. MINUTES -June 28,2007 It was moved by Commissioner Wilson, seconded by Commissioner Nelson and tamed by the following vote Ayes: Commissioners Nelson, Wilson,Leland,and Chair Lambert Noes: None Abstain:None BUi7E COUNTY PLANNING COMMISSION■MINUTES■JUL-Y 26,2007,■v PAGE 12■ Absent: Commissioner Marin to adopt the.Tune 28,2007 minutes changing page 3 line 14 to read"Mr.Troester said there will be no habitable structure within the agricultural buffer on parcel two." X. COMMUNICATIONS- Conummicatiau received and referred. (Copies of all communications are available in the Planning Division Office.) XI. ADJOURNMENT Adjourned at 11:58 Ch 'r Lambert ■BUTTE COUNTY PLANNING COMMISSION■MINUTES■JULY 26,2007,■v PAGE 13■ t RESOLUTION 07-40 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET07-0006 WHEREAS, the Planning Commission has considered Legal Lot Determination DET07- 0006 for Steve Hernandez, 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- 052; 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. No subdivision of the property is feasible given the existing lot size. 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 DET07-0006 with the conditions as set forth in the attachment (Exhibit A) to the resolution. i 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 of Agricultural Residential. B. The Conditional Certificate of Compliance for the parcel will not be detrimental to the health, safety and welfare of the surrounding area. .f DULY PASSED AND ADOPTED this 26`h day of July, 2007, by the following vote: AYES: Commissioners Leland, Wilson,Nelson, Chair Lambert NOES: None ABSENT: Commissioner Marin ABSTAIN: None WA LAMBERT, Chair Planning Commission County of Butte, State of California ATTEST: Vy INA BONHAM, Secretary Planning Commission County of Butte, State of California L ' EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APNs 028-390-052, DET07- 0006 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. •t y Butte County Department of Development Services �V T. TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o 0 Oroville,CA 959650 -`- '�'J o (530)538-7601 Telephone �+ •� (530) 538-7785 Facsimile �UNt ADMINISTRATION * BUILDING * PLANNING July 27, 2007 Steven Hernandez PO Box 572 Bangor, CA 95994 Re: Legal Lot Determination DETD7-0006 APN: 028-390-052 Dear Mr. Hernandez: At the regular meeting of the Butte County Planning Commission held July 26,2007,your request for a legal lot determination for APN 028-390-052, 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 on Grimy Gulch Road,approximately 0.25 mile west of La Porte Road,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 final. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your projector proof of waiver of fees. Prompt payment of invoiced amounts will expedite the approval process in satisfyig 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, Tina Bonham Commission Clerk Cc:Doris.Davis PO Box 1955 Gilroy, Ca 95021 .,* �� i ` EXHIBIT A Leizal Lot Determination/Conditional Certificate of Compliance on APNs 028-390-052, DET07- 0006 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 i 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 j 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. i �� �� . . � . . � . BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT -July 26, 2007 Applicant: Steve Hernandez Location: On Grimy Gulch Road, approximately 0.25 mile west Owner: Same of La Porte Road, near the community of Bangor. File#: DET07-0006 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: 028-390-052 Attachments: A: Resolution with Exhibit A B: General Plan/Zoning Map C: Creation Deed(August 31, 1970; Document#1631-395) 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 Grimy Gulch Road, approximately 0.25 mile west of La Porte Road, 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 August 3 1, 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. • 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). ■Butte County Department of Development Services■ ■July 26,2007 ■Hernandez DET07-0006■Page 1 of 6 ■ 0 • • The land use designation Agricultural Residential that existed at the time of parcel creation specified a density of one to five acres per dwelling units. • The parcel is currently vacant. • A septic system is proposed to be located on the property through Environmental Health permit EHS06-0175. • Access to the parcel is provided from Grimy Gulch Road,which is a private road. 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. Subdivision of the parcel is not feasible given the existing lot size.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 DET07-0006■Page 2 of 6 ■ w�'� $ r��• I/,) Pr7,k77. •{ �•4') � _it •�•�, 'L•� .�} � l`�y 1 /'w� I r-n /•,q,'���ir... �T��.-�..4.1� M �. '"�y+ 'VI 'ti •Y .41 At 44 \ x '� .�, ♦ �I t y .*��� � 1 1 III• � > ��/�.• Y � ' �� T� •~-, may. ` /.-+`Cnr� � �� ' Q * '�- ,� , �"1• ) �t� #. 1,iS� � °.�1• '4,1 •r,trS •7 r� `� 1 111 `•� w^ A '� y�S�I. rel• ��1 •.r'�t, ' ♦��♦�fA�, 1 r l a lye - �Y-ti �� t� ��-a .M � } � rr• .� \ t J 1 1 IIIc v•• ? -•tiIo ' I •I I ` ►, I 1 "� � � � 1 111. • • �• �. '-�• � 1 111. .• • 11 4 1 111• • RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET07-0006 WHEREAS,the Planning Commission has considered Legal Lot Determination DET07-0006 for Steve Hernandez, in accordance with Chapter 20, Section 160; Article VII, Violations and Certificate of Compliance,of the Butte County Code on Assessor's Parcel Number 028-390-052;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. No subdivision of the property is feasible given the existing lot size. 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 Deyelopment Services. The location of the record is 7 County Center Drive, Oroville CA 95965. 11. Makes the following findings and approves Conditional Certificate of Compliance DET07-0006 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 of Agricultural Residential. 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 DET07-0006 ■Page 4 of 6 ■ DULY PASSED AND ADOPTED this 26`h 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 DET07-0006 ■Page 5 of 6 ■ EXHIBIT A Legal Lot Detertnination/Conditional Certificate of Compliance on APNs 028-390-052, DET07- 0006 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), I 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 DET07-0006 ■Page 6 of 6 ■ e -1k qj �—gp;, 66 p A-5�1 0 ILR t 9 d U) I 6� If -- ---- I D' b-1 un H lis d Project Location Le nox W 3yIto- N ---- I\I\-) :"1 11 A T Jr- It /7 lim ... 1 _ Rd", it i J rt I e R h Fdd It 1,100 550 0 1,100 2,200 3,300 4,400 5,500 6,600 7,700 8,800 9,900 Feet N BUTTE COUNTY PLANNING COMMISSION Applicant: Steven Hernandez Owner: Same Hearing Date: July 26, 2007 9:00 a.m. I Existing Zone:A-5 (Agricultural, 5 acre min.) S Supervisorial Request: Legal Lot Determination for a parcel located within the Ben Culet Judgement Area. District#1 FAssessor Parcel No: 028-390-052 File:DET 07-0006 I 6Awg Rd ZZ 2 VICINITY MAP i ks loop Q 0 ...z— o R Avacad 0- BA OR Go Project Location . .. ... ... Os Ve 0 ales&,y a. ay N i ly 0 DET 07-0006 028-390-052 + J Butte Cointy ?; COlts'!t'TW APR •SERR'VICES _ � f is'• i ( 1. 'IX ANS I y -+ 5 - RECORDING REQUESTED BY OFFICIAL RECORDSSS'� BUTTE COU47Y•CALIF RECOP/D�REOUESTED BT /•�` r AND WN[N R[CORD[D MAIL TO �.y.t. 9}mT.r lv l •(�V� ,. ,. ' NAMI r William B. 'WI , ,1 r, .,� lfQ 4 10 Wing Aao,..A 565 Connemara Way LOUISE KLUENDEB'1 CIT 6 Sunnyvale, California 9 067 ,,'•, � ,�na. COUNTYRECOROERK. pTAra :5 t2 i;lc4•iae•+t;-,... n. _?r +� r'-T .r. y L -� x r �x4 t QQQ*'Q1U y'r t FEE - y aS.i s 1�. �'k CV VV YA/ Y •�`�0+� 1 f��. b •+ � I Title Order No Fcrow No - SPACE ASOVE THIS LINE FOR RECORDER'S USE ' MAIL TA[LTAT[MINTS TO -� r t d aY jDOCUMgITARY TRANSF R TAX NAM[ II .� S.' Sy ( �Vr' 4 IU. •E ..............�...� 4f;. Same as above 61 ��hikly���wTCC�OMVJTED011FULCVrLUEOFVRCV RTYCONVLYED.OR^ 7 Aeell:u t'� 7 r,°A( r�q tt'Y `(]COILiJTCD L''tt i`D FjV�t.JF I[S LlL11 MCIdAUXANCES ":• CT•'� CITT• - C t yY'E� ' gni"vti'j+' , Y' + S- Lj 1 *' `r ' ? - • [rAn I i. '`+ r 5,F ^,w�'t"•3�✓iE ?',siRfh{AINING T�ijL R 0�7 AT`£T 1E Or SALE S '.+a.4Hkq•>��,.�`t '7 w•i 5§1 }E f O-TME CO., ` r'c -�'''- ,a{t't4�r•1'. >3Y .(" LprulurA of doatannr or! nr dc1uL -dap pa"'•�lirm rump -'' �,` �JttbibtbuaYl' loittt ettancp•: ee�i. r ;'T A)(-.:PAID s�y�" wc[TcttNTITL[►ORM f N; %i t r r ` -.t r ':'Yxi Y�v t K i W f` tali'+`F a a5 q htc{ ai tC fYrr 7 I Y't;Rp•"'i R ..,r* F.CEIVELti, CHARLES= MURRAY, .JR. and JOAN N[JRRAY,(t'husband and wife} FOR VALUE R . !.''. r - °k��-F,+ ."- $�t Ai:�7t:a'iL�'�3:f .h ► '`;. �' • '� '4 .:, xi,,.•.. GRANT WILLIAH.B RTSTON, JR +artd BEVERLY.M WESTON, husband and wife f r ,.s of�ati.�,y�H 'N{{.i't`(f�>s.i t� 3�t"�'cYn�Ty S.klF,fi.�.tl. 1 Li 't 1 k`H xt.,r C{ !k; �...i•r>Fr'� ..h •r asJOJNTTENANTSallthat realproperty situate tothe zunineotrporated aiea�.trt U :: f�' v i. ` v5 7XF1 ,vC.3c itF+.'.1' •'1Pf �J . ;'FYI f ",•. .,aF '�. County of Butte .' _''L''S �' r�L.f :+ ,Stateo(California,described asfollows: , A portion of the South half. of Section 33, Town hipl8,iNorth; Range 5 East,. M.D.B. & M., more particularly described as follows Coltmencingat the idorthueat corner"of said 5 ctidii"33; tient South 2°22't38n "• East along the West line of said Section 33,1a'distance•of.;2621.42 feet; thence North 88050t28" East a distance.of 2314.41.•feet;;tlienceaSouth.2°12134";East a;s distance of 671.68 feet,;to;,the'point of beginning!=forthe;parcel of.tland;described herein; thence from said point-of beginning;;liorth":89024!14",.Eait, a:distance of r ' 326.04 feet; thence South:2012106"-East a distance of�67.6:88 feet,�to a point on the North boundary line"of.Bangor Tract IInitNo lsaccordingrwto the'-Official'i4ap ;•;` +' }, thereof, filed in•the office of the"Recorder_bf;the lCountyi�of;.Hutta, State of ^'., .y y• i w r.,.; California on September 25; 1911 in Book 7 of`t'sps�"st�page50fithence South•,89° 581 West along the North boundary of said Bangor:Tra`cto•IInit's•No:v-1;'ai''distanc6x6f:'.K;,;,,;,•"' ;,�,;., , 326.06 feet to s int that bears South 2°12134"'FAaf,,fromi thebeginning;- thence PD point'iof,beginning; J , thence North 2°12134" West 671.68 feet to the,point of-beginning 7'„�.• •eR 3£y,.3: t_, .•..—.* -A 1 TOGETHER WITH and RM, ERVINO THEREFROM a non eaaluaive.easement for road and public 1 4 4„'• u'_.lity purpos” over a• stri;i'cf land 60 feet"yin kdtli,lyink Northerly of'and 1 adjacent to the north boundary,of.said Bangor'Tract`IInit.No.'l and Westerly.ofthe � .;• . Wast line of La Porte County Road.: P. V, RESTRICTIONS: The above described property cannot be divided or sold in less than 5 acre parcels. { BODI1631 iACE395Al J 1•A.,-.6- t.t S. 1 "•t r .s �tt:ayt�L�.�Ir,T}�"`1���a;.d��'�TS_rs,r�`;i,: Y.f4�'i�t 4.t�k:tiF . ...,\'i• w - r'. C.r:'.s'�-' ;4th�'••�„ yrs .%aEi(-'d .:�w '{-�w 'k�f� a I�• • y^r Butte County Y� i 1 atrj , `j- t v t .. rC��b f p i.•r .r s �j A�txtdta f r t`y # r+ �• r r .. Z .�;�' '•fir•- ! 4 � k F � t sj•{7.#.F+yy'[��X+`af.[Y'I ">.' s J tl :`ti x. ^ q t .t,�'fyy rfl.+t ! '.Zt r 1. i` �'r ,"N :v'�. i •' r ini talo. i�. f r 4. 5 '� rye ids 1y..Jr!', "4 A 1. [� Li?ro � 'gni F�Ytr"�`�'R �!-•�; w, Date u us V11 4 19 i '1 STATE OF CALIFORNIA ) County of [3u t to 1}'L I AI ust 14 + On_LQ 19�Q before me,the undersigned. `� .I FOR NOTARY SEAL OR STAMP &N 'c,PUITCS'Mutra`yut�sr;t`T,°e�oatllrAtB ar es r knowa to me to be the pcnon.&—,.whose name s a re tabseribed to the within Instrument,and acknowledged to me that Rt:rcruurtennnrn.r••nnnstn:trrn/nlmmma 1 Lht_yexecuted the Lama a C!.;3Q.'./ 1A.G.'.L'Al1 c T a s" n(rr:41 r y y :1 —� Notary Public ' ! ., F '�YCe:nrsl:acq E:pi:e:S.pl#nbor 9. 1:7: 4 . t �../1.itiflll:llltl:tittil icl.t:11.:1117..t11G.1:t1..1.11A • MAtL TAX STATEMENTS A3 DIRECTED ABOVE MIRtfI FACE•h7V ti OF OO�:i1MENi +�iWWV J�/V , Butte County&partment of Developmeo c�UTrFo Services 0 0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 00 7 County Center Drive o `fie_'='`-�'�o . Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile May 7,2007 To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: HERNANDEZ, STEVEN,DET07-0006 Planner: Chris Tolley APN: 028-390-052 Location: The applicant is requesting a legal lot determination for APN 028-390-052, 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 on Grimy Gulch Road,approximately 0.25 mile west of La Porte Road, 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 Driver 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?20 70 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: ctoIley@buttecouniy.net Signature: Department: Date: K:/Planning/Projects/A New File/11311 Memos/IDR Completeness 8/30/05 BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: HERNANDEZ, STEVEN DATE: 4/30/2007 AGENT: APN: 028-390-052 FILE#: DET07-0006 PLANNER: Chris Tolle PROJECT DESCRIPTION: The applicant is requesting a legal lot determination for APN 028-390-052,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 on Grimy Gulch Road,approximately 0.25 mile west of La Porte Road,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. i 0 0 uTr Butte County Department of Development Services 00 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive 0J�;� 0 Oroville, CA 95965 0 --- 0 (530)538-7601 TelephonecDUN (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: HERNANDEZ, STEVEN,DET07-0006 APN: 028-390-052 DATE OF Inter-Departmental Review: May 23, 2007 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: May 21, 2007 AGENCY/DEPARTMENT CONDITIONSIMITIGATION 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 028-390-052, 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 on Grimy Gulch Road, approximately 0.25 mile west of La Porte Road, 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 cthomas@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. Please return response to project planner. IDR COMMITTEE —APPLICATION COMPLETE ❑ No Name: Date: ❑ Yes Name: Date: GAPROJECTSUrakit Merge Documents\REQUEST FOR COMMENTS.doc A "DRAFT"LEAD IN SHEET PROJECT NUMBER: 40 7-ono4' AP#(s): 4526 5 ?© -!5 '2- APPLICANT: Z?KAZV_4! Mit/ jj%� r/EI OWNER(S): REPRESENTATIVE: PROPOSED REQUEST: (by counter planner) olc__ 401A" FINAL REQUEST: (by project planner) LOCATION: (by counter planner)(:m u c.C.Gt AD48 j? FINAL LOCATION: (by project planner) EXISTING ZONING: - GENERAL PLAN DESIGNATION: SIZE: 4. SUPERVISORIAL DISTRICT#: f DATE RECEIVED: I1��2 �U. 2c9t��? COUNTER PLANNER'S INITIALS: ASSIGNED PLANNER: A1C'\S `Tbi1�► Date Pro iect Assigned: •Z.-C�7 WRDate: 30 Day Complete: 5-30 -07 Tentative Hearing Date: f C' � .' c ' .. � r � v R sir � � t 't �[, � . .. � � � � 1 ', �` �'. � L b COMMENT DISTRIBUTION LIST Project Number: Vri t'd7-oU County Offices and Cities: Planning Division X Assessor's Office-Mapping _ BCAG X Environmental Health - City of Biggs - _ ALUC Building Manager _ City of Chico _ APCD X LAFCo _ City of Gridley _ Butte Co.Farm Bureau X Agricultural Commission — City of Oroville _ Chico Airport Commission X Public WorkslLand Dev Town of Paradise _ Chief Administrative Officer 'N 1 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 i 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.: 2005-0058299 Recorded I REC FEE 16.88 "RECORDING REQUESTED BY Official Records I fAX 44.09 Mid Valley Title&Escrow CompanyButte f I HINMNi PK%R 18.88 DORM J. 6141M I AND WHEN RECORDED MAIL TO: BUTTE County Clerk-Recorderl Steven Hernandez COUNTY 1 ro Box G95021 APR 3 0 20�WM e7-6elr-M I Page 1 of 4 Gilroy, CA 9 ��II��II�lIIII��I�II�I�I��Il�III�! DEVELOPMENT SERVICES a Space Above This Line far Recorder's use Only —"' .T7" 26 8-390=052--000 File No.: 0403-2083323(KB) GRANT DEED L/ The Undersigned Grantor(s)Declare(s):DOCUMENTARY TRANSFER TAX$".00;QTY TRANSFER TAX$0.00; SURVEY MONUMENT FEE; x computed an the consideration or full value of property conveyed,OR 4 computed on the coruideration cr full value less value of liens and/or encumbrances remaining at time of sale, X unincorporated area; [ ] city of Bangor,and FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Dennis Heidebrecht and Nancy S. Heidebrecht,husband and wife as joint tenants hereby GRANTS to Steven Hernandez,an unmarried man the following described property In the unincorporated area of Bangor, County of Butte, State of`Caiifornia::;: PARCEL I: sdJ"s=' A PORTION OF THE SOUTH HALF OF SECTION 33,TOWNSHIP 18 NORTH, RANGE 5 EAST., • �K �.. _. M.D.B.&M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 33;THENCE SOUTH 2 DEG. 22'38n EAST ALONG THE WEST LINE OF SAID SECTION 33,A DISTANCE OF 2621.42 FEET; THENCE NORTH 88 DEG. SW 28" EAST,A DISTANCE OF 1328.66 FEET;THENCE SOUTH 2 DEG. 13' 58" EAST,A DISTANCE OF 662.0 FEET;THENCE NORTH 89 DEG. 24' 14" EAST,A DISTANCE OF 658.72 FEET TO THE POINT OF BEGINNING FOR THE HEREIN DESCRIBED PARCEL OF LAND;THENCE FROM SAID POINT OF BEGINNING CONTINUING NORTH 89 DEG. 24' 14" EAST,A DISTANCE OF 326.99 FEET;THENCE SOUTH 2 DEG. 12'34"EAST,A DISTANCE OF 671.68 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF BANGOR TRACT UNIT NO.1,ACCORDING TO THE OFFICIAL MAP THEREOF, FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE,STATE OF CALIFORNIA, ON SEPTEMBER 25, 1911,IN BOOK 7 OF MAPS,AT PAGE(S)50;THENCE SOUTH 89 DEG. 58' WEST ALONG THE NORTH BOUNDARY OF SAID BANGOR TRACT UNIT NO. 1,A DISTANCE OF 327.00 FEET TO A POINT THAT BEARS SOUTH 2 DEG. 13'01" EAST FROM THE POINT OF BEGINNING;THENCE NORTH 2 DEG. 13'01" WEST,A DISTANCE OF 668.47 FEET TO THE POINT OF BEGINNING. PARCEL II: Mail Tax Statements To: SAME AS ABOVE A.P.N.: 028-390-052-000 Grant Deed-continued File No.:0403-2083323 (KB) Date: 09/16/2005 A NON-EXCLUSIVE 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: BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED PARCEL I THAT BEARS NORTH 89 DEG. 24' 14- EAST,A DISTANCE OF 60.0 FEET FROM THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL I;THENCE SOUTH 89 DEG. 24' 14- WEST,A DISTANCE OF 718.72 FEET;THENCE SOUTH 2 DEG. 13'S8- EAST,A DISTANCE OF 662.00 FEET TO A POINT ON THE NORTH LINE OF BANGOR TRACT UNIT NO. 1,ACCORDING TO THE D IN THE E F THE RECORDER F OFFICIAL MAP THEREOF, FILE OFFICE O C R OF THE COUNTY O BUTTE,STATE OF CALIFORNIA,ON SEPTEMBER 25, 1911,IN BOOK 7 OF MAPS,AT PAGE(S) 50 AND THE END OF THE HEREIN DESCRIBED CENTERLINE. PARCEL III: A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER A STRIP OF LAND 60 FEET IN WIDTH LYING NORTHERLY OF AND AD3ACENT TO THE NORTH BOUNDARY OF BANGOR TRACT UNIT NO. 1,ACCORDING TO THE OFFICIAL MAP THEREOF,FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE,STATE OF.CALIFORNIA,ON SEPTEMBER.25, 1911,IN BOOK.?OF MAPS,AT PAGE(S) 50 AND WESTERLY OF THE WEST.; •�; LINE OF LA PORTE COUNTY ROAD. Dated: 09/16/2005 -14 Dennis Heidebrecht ancy a ebrecht Page 2 of 3 • 0 A.P.N.: 028-390-052-000 Grant Deed -continued File No.:0403-2083323 . . (Kg) Date: 09/15/2005 STATE OF }ss. COUNTY OF G } On f O'S before me, personally appeared g:eMWWIV kW= to or proved to me on the basis of satisfacdry evidence) to be the person(s) whose name(s)-.6rare subscribed to the within Instrument and acknowledged to me that helsh they executed the same in his/her/their authorized capacity(les)and that his/'her/their signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s)acted, exerted the instrument. WITNESS my'hand and official seal. This area for oftial notarlal seal Signature 1 I{E1M fMYI ConrfYtlof1116/7901 NOIOry f1f�t—CaM1aM0 Clap COW" My Commission Expires: 1$ Notary Name: Y eV\A^- Notary.Phone: Ik� ZrJ$"x-10 Notary Registration Number: 158 24'�'� County of Principal Place of Business: l Page 3 of 3 ILLE61PLE NOTARY..SEAL DECLAATION GOVERNMENT CODE 27361 .7 I certify under penalty ok perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary e c`�-b► P(`1 r ExP. Date Commission ID# los 2 4Manufacturers ID# ) County State , Place of Execution,of this Declaration p . Date o2 _S gnature Affrm name if any) i . Butte Cointy BU'ITM COUNTY APR 3 0 2007 DEVELO- MINT SERVICES ,u RECORDING REQUESTED OT OffICIAI ROt `�' ]r OUR COUNTREY•QOCALIF 4 RECOPO REOUESTED IY AND WHEN R[COttoao NAIL TO e� na�1 �io 1 I ?F NAra r Wtlliam B, Weston, Jr., QI , / ApOe,Te 565 Connemara Way ;GUISE KLUENOER 1 CITY Sunnyvale, California 91087 - COUNTY RECOF;OE0 Title Order No &crow No J J {i1y T F;=c ' -FACE ABOVE THIS LINE FOR IltCORORR'S USE r- NAIL TAX STAT{Mee»TO , I ._ �� � .P000MR2TARY TRAM_SFiIt TAX f �F. �.. .._. NAY[ T." " M COM/UTtoON lV LL1rGF�iRCV2RTYCONYrT(o,OR " Same as above" .' � , Aeee:n COMC7T(o Grt N�:Y Wl USS Lillis:(NCuMaxANCES ' *TAW f ' 3�r %as !k t REMAINING R.OyXf'('IL UFSAt( J y� ..Ya Co. rr .. -F''.' , .7Y. ..�••y..«,�.,.,.►...w.y(1.4...r,r......1 t'tJ.1Ah .O•,� � ;.. ?i'�:`• Siprtwe d"Cimm a Sat d tcluwdny W line ntlne �Jnbibibual loitlt Tenarteo�Eebf` 1"TA).:PAID W[aTa11N TITLE /GRN No,toe FOR VALUE RECEIVED, 'CHARLES MURRAY, JR, and JOAN MURRAY;Fhusband and wife V GRANT_—to WILLIAM B• 11ESION+ JR, and BEVERLY M, WEST'ON, husband and wife Y • ' �' {�• � ' f>k r���l � , �� [��'4 �;.'A. •I ',dpi { as JOINT TENANTS all that real property aituiteinthe;funincorporated area Countyof Butte 1i State ofCallfornia,duenbedasfollows: 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 Northwest corner of said Section 331 Cie ce South 2022138" East along the West line of said Section 33, a distance of 2621.42 feet; thence North 88050128" East a distance of 2314.41 feet; thence South 2012134" Fast a distance of 671.68 feet, to the point of beginning for,the parcel of land described herein; thence from said point of beginning, North 89024114" Fast, a.distance of 326.04 feet; thence South 2012106" East a distance of.674.88 feet to a point on the North boundary line of Bangor Tract Unit No. Ll aedording,to the Official 14ap thereof, filed in the office of the Recorder-of the'.Countyfof:Butte,,,State of California on September 25, 1911 in Book 7 of'Mapai at page`50;,thence South 89° 581 West along the North boundary of said Bangor Tract•Unit No. 1, a distance`of. 326.06 feet to a point that bears South 2012134" East from the point of beginning; thence :forth 2012134" West 671.68 feet to the point of.,beginning. TOGETHER WITH and RESERVING THEREFROM a non-exclusive,,easement for road and public ' n_-lity purpos?s over a strip of land 60 feet in width•lying Northerly of and 'tk adjacent to the 'north boundary of said Bangor Tract Unit No. 1 and Westerly of the }. West line of La Porte County Road. RESTRICTIONS: / I The above described property cannot be divided or sold in less than 5 acro parcels. i ' BooE1631 racE395 1,�„ .r Butte County • 1 W, 4 1 4 rl r,J, ' it ' pg 4-auslXA44�11, t'.�, 1, •/ i 1 SrAT6 OF CALIFORNIA CountYof Butte }as' � 1 0„it 14 19--M before mt.the undersigned, &N Pu 1i 1 red for saI 1 FOR NOTARY SEAL OR STAMP 015iaries t array, �r. & roo 1�rt�19"s known to me tab*the pentonz-whose name Q Ara Subscribed to the within instrument,and acknowledged to an thataur1117tftfRllitt•rr•Irlflt•te11fK11flR1mmm� LLhe—yesecithe sane. ` ri,'.A'A 14 G2I1At.1 3 \ NOT;,%t A l t,C—c.wt6c;l�lA tt O'cA.e i �r� •sem— - • i�•„ti: I tiJ NotaryPublic Nt'C"Mlttle,l frp�ie:S f7;n!*Jr 9,1171 • �.A.enmumu.ututi.eutt.lan..uut.l.u..,.us - MAIL TAX STATEMENTS AS DIRECTED ABOVE �At7 �CEe OFFICE OF COUNTY COUNSEL REQUEST FOR LEGAL SERVICES Date Submitt 07/13/07 Department: DDS-Planning 9 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 a eng da reports for July 26,2007, Planninp,Commission meeting Consent Calendar DET 06-19 (Wilson) Tolley DET 06-0037(Noreen Jones) C. Tolley exhibits need updating WET97--GGMMer-Ftandez4e0l Qy�s DET07-0007(Hernandez)Tolley DET07-0008(Hernandez)Tolley 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 FORM DATE of IDR: 5/23/07 PLANNER: Chris Tolley PROJ. NAME: Hernandez, Steve PROJ. NUMBER: DET07-0006 06&-7 t oc� TYPE: Completeness of Application APN: 028-390-052 Evaluation DEPARTMENT COMMENTS READY FOR HEARING? PLANNING - -� &Z- PUBLIC WORKS ENVIRONMENTAL HEALTH COUNTY COUNSEL AG. BUILDING ASSESSOR FIRE GAADMINISTRATIOMIDR Agenda\2007 IDR AgendasTROJECT COORDINATION FORM.doc Butte County Deodment of Development A3 T Services 00 00 TIM SNELLINGS, DIRECTOR 1.PETE CALARCO,ASSISTANT DIRECTOR o 0 0 _ ree< 0 7 County Center Drive 0 - 0 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: HERNANDEZ,STEVEN,DET07-0006 Planner: Chris Tolley APN: 028-390-052 Location: The applicant is requesting a legal lot determination for APN 028-390-052, 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 on Grimy Gulch Road,approximately 0.25 mile west of La Porte Road, 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 23,20 70 Do you find this application complete? X Yes. 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: (R96ei t C. NUT Ogru!y& Commissioner Department: Agriculture Date: May 8,2007 UPlanning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 i Butte County Department of Development Services oOTrF0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o Oroville, CA o (530) 538-7601 Telephone oC�UN�y (530) 538-7785 Facsimile www.buttecounty.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: HERNANDEZ, STEVEN, DET07-0006 APN: 028-390-052 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 028-390-052, 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 on Grimy Gulch Road, approximately 0.25 mile west of La Porte Road, 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 cthomasgbuttecounty.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 GAPROJECTSUrakit Merge Documents\REQUEST FOR COMMENTS.doc BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: HERNANDEZ, STEVEN DATE: 4/30/2007 AGENT: APN: 028-390-052 FILE#: DET07-0006 PLANNER: Chris Tolle PROJECT DESCRIPTION: The applicant is requesting a legal lot determination for APN 028-390-052,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 on Grimy Gulch Road,approximately 0.25 mile west of La Porte Road,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.: _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. i BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: Steven Hernandez DATE: 4/30/2007 AGENT: APN: 028-390-052 FILE#: DET07-0006 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 1 page(s) of conditions attached as Exhibit"B". Public Works Conditions: A. STREETS ® 1. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. ® 2. Provide approved access to the parcel from a publicly maintained road or state highway in accordance with the County Code. Minimum easement width to be 60 feet. Butte County Deortment of Development 0 ♦103rrF Services 0° 0 0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 ° 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: HERNANDEZ,STEVEN,DET07-0006 Planner: Chris Tolley APN: 028-390-052 Location: The applicant is requesting a legal lot determination for APN 028-390-052, 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 on Grimy Gulch Road,approximately 0.25 mile west of La Porte Road,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 Ma 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: ctolley@buttecounty.net Signature: E. Schroth Department: Public Works Date: 5/25/07 UPlanning/Projects/A New File/IDR Memos/1DR Completeness 8/30/05 . • • Butte County Department of Development Services 0 OTTF0 TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o Oroville,CA 95965 0 o (530)538.7609 Telephone (630)538-7785 Facsimile cOUN'� www.buttecou nty.netidds 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: HIERNANDEZ,STEVEN,DET07-0006 APN: 028-390-052 DATE OF Inter-Departmental Review: May 23,2007 i IDR RESPONSE REGARDING + N DUE'BY:' COMPLETENESS OF APPLICATION May 21 y ,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 028-390-052, 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 on Grimy Gulch Road, approximately 0.25 mile west of La Porte Road, 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 cthomas abuttecounty.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 prQject planner. IDR COMMITTEE—APPLICATION COMPLETE No Name./1_ � Date: • s Name• f 91 Date: 0!\PRO1ECTS\Trnki1 Mcrgc DocumcntAREQUEST FOR COMMENTS doc h BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: HERNANDEZ,STEVEN DATE: 4/30/2007 AGENT: APN: 028-390-052 FILE f{: DET07-0006 PLANNER: Chris Tolle PROJECT DESCRIPTION: The applicant is requesting a legal lot determination for APN 028-390-052,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 on Grimy Gulch Road,approximately 0.25 mile west of La Porte Road,near the community of Bangor. Required for all Certificates of Compliance: Pay the recording fee in effect at the time the Certificate of Compliance is recorded, The current fee is$7.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is$ .00 without conditions,$ .00 with conditions. This cost estimate is based on 1 page notification(first sheet), —pages(s)of legal description attached as Exhibit"A",and page(s)of conditions attached as Exhibit"B". . 19ealth 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. P bile 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. s 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 ofthe County Fire Chief. Average required hydrant spacing is_feet,hydrant.size_inches,and residual fire now 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 4, COUNTY APR 3 0 2007 DEVELOPMENT SERVICES APN # 26-39 X44 Q O m N N •. i N APN # 028-390-245 N N ' O O PRIVET ROAD # Q z N � � m PRIVET &ATE o N m t tn u) N N N N O Or\ --k O N N � PLOT PLAN FOR: 'LOT PLAN APN# 028-390-242-245 / 028-390-250-253 SCALE: I" 200' BUTTE COUNTY, CA = Q o - 0 250'-0" Lu i m' � • J DRIVEHAY OI LI? PLOT PLAN PLOT PKLAl©T FOR: 5GALE: 1" = 50' APN # 028-390-052 �� _ BUTTE COUNTY, CA I v O 0 �� cc WBUTTE COUNTY APR 3 0 2007 DEVELOPMENT SERVICES APN # 28-39 -044 4 a m N N . � � N m m APN # 028-390-245 O O PRIVET ROAD Q � � m PRIVET &ATE O n m - a) N NN N 0 0 4 0 0 4 PLOT PLAN FOR: PLOT PLAN APN # 028-390-242-245 / 028-390-250-253 SOALE: 1" = 200' BUTTE COUNTY, CA BUTTE a COUNTY APR 3 0 2007 DEVELOPMENT SERVICES APN # 2&-3q X44 Q a m ry ry 4 0 AM # 028-340-245 PRIVET ROAD Q 2 N � � m PRIVET 6ATE In In N N N N O ITQ PLOW PLAN FOR: PLOT PLAN APN # 028-390-242-245./ 028-390-250-253 50ALE: 1" = 200' BUTTE COUNTY, CA COUNTY APR 3 0 2007 DEVELOPMENT SERVICES l APN # 2&-3q X44 Q a m N N . m m APN # 028-3410-245 O O PRIVET ROAD Q Z N � � m PRIVET GATE O n m t�V N N N O O O O O O 4 O O Q PLOT PLAN FOR: PLOT PLAN APN# 028-390-242-245 / 028-390-250-253 50ALE: I" = 200' BUTTE COUNTY, CA BUTTE COUNTY A, APR 3 0 2007 DEVELOPMENT SERVICES APN # 26-39 X44 Q O m m m APN # 026-390-245 O O PRIVET ROAD Q z N � � m PRIVET GATE N N N N O O O O Q d PLOW PLAN FOR: 'LOT PLAN APN# 028-390-242-245 /028-390-250-253 LE: I" = 200' BUTTE COUNTY, CA i l___ _ _ __ -_ __.. _.._._._.__. __ _-_______._.---_. BUTTE * COUNTY `l APR 3 0 2007 DEVELOPMENT SERVICES APN # 28-39 X44 Q O m N N O O •dJ m m %0 APN # 028-590-245 4 d) O O PRIVET ROAD Q Z N � � m PRIVET GATE N N N N 0 0 rl 0 4 Q PLOT PLAN FOR: PLOT PLAN APN # 028-390-242-245 / 028-390-250-253 56ALE: 1" = 200' BUTTE COUNTY, CA BUTTE .* COUNTY APR 3 0 2007 DEVELOPMENT SERVICES l APN # 28-39 -0,44 Q a m • � ry Q 0 APN # 028-3q0-245 N N O O PRIVET ROAD Q Z ry EL m PRIVET &ATE O N m O O N N N N 0 o p o 0 4 a a PLOW PLAN FOR: 'LOT PLAN APN# 028-390-242-245 /028-390-250-253 5GALE: 1" = 200' BUTTE COUNTY, CA BUTTE N COUNTY APR 3 0 2007 DEVELOPMENT SERVICES APN # 2&-39 -044 Q a m N APN # 028-390-245 4 O PRIVET ROAD' - m PRIVET GATE O cv m N fV N N O O O O N 0 0 4 0 0 4 4 Q 4 d PLOT PLAN FOR: 'LOT PLAN APN# 028-390-242-245 /028-390-250-253 SLE: I" = 200' BUTTE COUNTY, CA BUTTE COUNTY APR 3 0 2007 DEVELOPMENT SERVICES J APN # 28-34 X44 Q O m • cv m m m APN # 028-390-245 O O PRIVET ROAD # Q z N EL m PRIVET GATE o n m N N N N O O O O dJ dJ - Poo 0 N NN N 0 0 4 0 0 4 PLOT PLAN FOR: PLOT PLAN APN# 028-390-242-245 /028-390-250-253 56ALE: 1" = 200' BUTTE COUNTY, CA BUTTE A' COUNTY 1v APR 3 01007 DEVELOPMENT 4 SERVICES J APN # 28-39 444 Q . a m m m APN # 028-390-245 O O PRIVET ROAD - PRIVET 6ATE O cv m N N N N - d) - 0 0 4 0 0 4 PLOT PLAN FOR: 'LOT PLAN APN # 028-390-242-245 / 028-390-250-253 SGAL.E: 1" 200' BUTTE COUNTY, CA BUTTE ` COUNTY N APR 3 0 2007 DEVELOPMENT SERVICES APN # 26-39 X44 4 ra m iV tV '` N APN # 028-390-245 d) O O PRIVET ROAD Q Z N Q to PRIVET 6ATE RMK MOM o cv m 0 0 irl 0 4 11 �vli is 6APeR*E . PLOT PLAN FOR: PLOT PLAN APN # 028-390-242-245 /028-390-250-253 SCALE: 1" = 200' BUTTE COUNTY, CA BUTTE COUNTY ' APR 3 0 1007 DEVELOPMENT SERVICES APN # 28-5q X44 4 N N ' d 0 N m m APN # 028-5qO-245 N N O O PRIVET ROAD Q 2 N (L m PRIVET 6ATE CHIEFS I rzv;K MOM O cv m ID N N POE rz K PLOW PLAN FOR: PLOT PLAN APN# 028-390-242-245 /028-390-250-253 5GALE: 1" = 200' BUTTE COUNTY, CA m Z 4 250'-0' n 4 m J DRIVEWAY , 11 0 - 1 1 L9 PLOT PLAN PLOT PLAN FOR: SCALE: V' = 50' APN # 028-390-052 BUTTE COUNTY, CA • � v �l cam• i i a r • • s - bbl'-0"t Q. • ,n z 4 - - 250'-00 n 4 m - J J D VDiAY . OI L I? PLOT PLAN PLOT PLAN FOR: SCALE: n = 50' APN # 028-390-052 BUTTE COUNTY, CA MR �r ®� w co o k'1 1d m 1n z 4 250'-0" n 4 m ' J J DRIVEWAY . O 1 1 L 19 PLOT PLAN PLOT PLAN FOR: 50ALE: n c 50' APN # 028-390-052 BUTTE COUNTY, CA c F f nov G � T s - a . 4 �50'-0n . n 4 m ' J DRIVEWAY II O 1 1. LI? PLOT PLAN PLOT PLAN FOR: SCALE: n _ 50' APN # 028-390-052 BUTTE COUNTY, CA t , z t i 5, i S i 4 �r rAe -0 c� �I T 5 r i K f t ` r • � r • • .m z . 4 250'-00 u n 4 J DRI VEl44Y OI L I? PLOT PLAN PLOT PLAN FOR: SCALE: in = 50' APN # 028-390-052 - BUTTE COUNTY, CA y v ' 4 • m 4 Z 250'-O" n a � � J MVEMY , OI L I? PLOT PLAN PLOT PLAN FOR: SCALE: I" = 50' APN # 028-390-052 BUTTE COUNTY, CA 40, L �� o z� d yYbx • m z a 4 o o 250'-0" • 1 m _ J • DRIVEWAY O IL9 PLOT PLAN PLOT PLAN FOR: SCALE: 1" = 50' APN # 028-390-052 BUTTE COUNTY, CA • v 1 z ' s 250'-0n �IL 4 m J v DRh/EY�Y . IL9 PLOT PLAN - PLOT PLAN FOR: ., SCALE: I" = 50' APN # 028-390-052 BUTTE COUNTY, CA �` c � A `��' �� � �'r � .�� �� o �� .� � � o �� � a �; .�. m • a _4 250'-0" u 4 m J D VEHAY . 110 1 LI? 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