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Home My WebLink AboutDET 07-0009_PLANNING Z� [1111111111111111111 HV SEPARATOR SHEET aax ovoiEcrrvUmeEv D r7 — �� PROJECT SUMMARY SHEET. FILE NO.: DET07-0009 PROJECT TYPE: LEGAL LOT DETERMINATION APN: 056-410-029 APPLICANT: HARDY, JOHNNY ADDRESS: PO BOX 532,FOREST RANCH, CA 95942 PHONE: 5308948072 OWNER: HARDY, JOHNNY ADDRESS: PO BOX 532, FOREST RANCH, CA,95942 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: The applicant is requesting a Legal Lot Determination for a parcel zoned TM-5 (Timber Mountain, five acre minimum)that resulted from the final distribution of the Lester B. Hardy estate. The parcel is located 0.25 mile north of Platt Mountain Road, north of the community of Forest Ranch. LOCATED: PROPERTY ZONED: TM-5 (Timber Mountain, five-acre parcels) GENERAL PLAN DESIGNATION: AR(Agricultural/Residential) TOWN/AREA: FOREST RANCH 1. Application accepted: 5/7/2007 Amount: $ Receipt#: P469 2. Assigned To: Chris Thomas 3. Comments sent to: Development Services Director,Public Works Director, Environmental Health,Assessor, LAFCo,Agricultural Commissioner&CDF. 4. Sent to Inter-Departmental Review Committee(IDR): May 18, 2007 5. Status Letter sent to applicant: 6. Date scheduled for IDR: May 30, 2007 7. Comments received from: 8. Rezone Petition Signatures Checked: 9. Mailing List/Lead-in Sheet: 10. Environmental Determination: Clearinghouse circulation required: Yes No Date Sent to SCH: State Clearinghouse No. Categorical Exemption-CEQA# Negative Declaration De Minimis: Mitigation Negative Declaration Subject to Fish&Game: Environmental Impact Report Gen. Rule Ex.—CEQA# Other 11. Staff Recommends: Approval Denial 12. Planning Commission Hearing(s): Action taken: 13. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 14. Send letter of approval/denial to applicant/representative: 15. Give copy of letter of approval/denial to Environmental Health, Building, and Land Development 16. N.O.E. /N.O.D./APPENDIX G: Fish & Game Fees Paid: Yes No K://planning/projects/a new file/summary sheets/det summary sheet Revised 11/01/05 Butte County Department of Development Services v o� TtFo TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR 7 County Center Drive o 0 Oroville,CA 95965 ° 0 0 0 (530)538-7601 Telephone o ro Via' o (530)538-7785 Facsimile C .� PROJECT INFORMATION Project# APLICANT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: O- 5(0 - 4to - Oaq ADDRESS: I STREET,CITY,STATE,&ZIP CODE TELEPHONE: 3Z o e-t%-- C_ s 4Z (s3o )f3 4- 8o72 E-MAIL: FAX: ER'S NAME: TELEPHONE: �Cl (Sao )aq - go`iL Z DRES TREET,CITY,STATE,&ZIP CODE: BOX 632 11(12 flgnr-11\ C-A QK9 42. PROPERTY INFORMATION NAME OF PROPOSED PROJECT(if any) SITE SIZE(in square feet or acres) 116.J0 fte- LOCATION OF PROJECT(major cross streets and address,if any) 12 W r ?-A 42- CrOS, Y 3 z ZONE I GENERAL PLAN EXISTING LAND USE PROPOSED LAND USE Aiq -5 \1tktGA- t'r P0SDaFI/Vr -4z EXISTING STRUCTURES(square feet) PROPOSED STRUCTURES(square feet) UNDER WILLIAMSON ACT CONTRACT NON 6 1 py WtIF ❑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 E]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 PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size arcels.) 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 HE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized,execute an affidavit of authorization clude the affidavit with this application.) DATE: M" 77 . Z 0 O� SIGNATURE: AGENT AUTHORIZATION To Butte County,Department of Development Services: Print Name of Agent Phone Number Mailing Address is hereby authorized to processth application on my/our property,identified as Butte County Assessors Parcel Number(s) This authorization allows representat\nae)ll applications,hearings,appeals,etc.and to sign all documents necessary for said processing,but not including dos)relating to record title interest. Owner(s)of Record(sign and prin Print Name Print Name Signature Signature Print Name Print Name Signature Signature Print Name of Applicant(if other than owner) Signature of Applicant(if other than owner) Print Name of California Civil Engineer/Land Surveyor Phone Number Mailing Address Em '1 Address Revised 07/13/06 K:\Planning\FORMS\Applications\ProjectInfoForm_Agent_only.doc �, k '. t�VTTl� OUTTE COUNTY RECE*r Printed: 5/7/2007 ° 1 ° 7 County Center Drive 4:41 pm ° ° o ° Oroville, CA 95965 ° ° ©cOv��r° Receipt Number: P469 Permit Number: DET07-0009 Job Address: 00 Applicant: HARDY,JOHNNY Fee Description Account Number Fee Amount DPAG Legal Lot Determination 0010-460001-4612200-1010 $32.50 DPCR Record Fee Legal Lot Det/ 0010-470001-4612319-1010 $50.00✓ DPEHLU Legal Lot Det/Cert of C 0010-540003-4614901-1010 $518.20 DPF_PP Legal Lot Det/Cert of Co 0100-450001-4617240-1010 $58.40 DPLDFF Legal Lot Det/Cert of C 0010-440004-4611700-1010 $685.40 i, D_P Legal Lot Det/Cert of Compl 0010-440001-4210900-1010 $1,338.00 DP Publishing/Legal Notices 0010-440001-4210900-1010 $151.00✓ Total Fees Paid: $2,833.50 Date Paid: 5/7/2007 I Paid By: HARDY,JOHNNY Pay Method: Check 1089 Received By: CP i I i.r�R.�c ¢ vzvi +r ��:. r Y - ""-, i:;'s' 'Xti gg . ,so R 1089 :. P�'Oa�OXz532 53( 89,4-SQ`7r2 ,: PORREST° :CH95942` «' - � rr so aav/tztt #s �f �• `�y.ti'�� '¥�S�Y{<y. 4 '.�+. :✓:. 4:.3; .e�.r,- a�±cs� !ir .✓ iH'_r a -0- Pay to the i' ggz ry� 1 #! ?R ` )'b. . "= 4 A°.;.d vim•, `moi i,3._. 'I'ai's.at� Orderrofk r� ��. s � t= n��rl �g ` t'uy"� T.' tb"'.� e a, = i}'a><...1 r �e.`er r-44'a aX. .t �;?��Y� 'Y } 4 *'+� 'C�k� Sa�4ryow' \` .x ollars m I�'Arow oldetn Valley . n r w fS.. e A N K .. - ..190 Cohasset Road Chico CA,95926 (530)t894-1000 '' �y 'hr. r� Fr _�----� at'�• c{�"�-I?'�y{y r '�--r^n-��+ .7f1,T{LK��{'t,r � '.-' CJ_ 'S ( s' - •. "Y �•''^S C V� ti •t^iT•h -1'��} y - - ' FOY. ..wis:"_t'✓" 'i'`,fi... ":'"ry*t,+3tf,C ' r,�.;. r r ��%%rr 'u�'2e E _ y.3.vc':.'r NP_rr�•�• r,. - 1: L211442721: L0139IIt0L000 31u• 1 L Butte County Department of Development Services uTTF TIM SNELLINGS,DIRECTOR PETE CALARCO,ASSISTANT DIRECTORBUTTE \''� p �V1' C,r% i p COUNTY 00 7 County Center Drive o `'-:._.,,/ � o Oroville,CA 95965 MAY 0 7 2007 ort=� ` ` o (530)538-7601 Telephone DEVELOPMENTCOtJ1�lt� (530)538-7785 Facsimile SERVICES LEGAL LOT DETERMINATION APPLICATION Applicant Name: cx Project Number: O '410-n2Q Pz9-M,f Awe : -260k 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. ❑ l^ /A completed, signed Project Information Form. ' 4 2. ❑ If the application is signed by an agent for the property owner, an Agent PAuthorization 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: hn://www.buttecoii=.net/dds/Planning_/ Application fees are non-refundable. �/ Applicants Initials El4. LJ Verification of ownership (e.g., current vesting deed or current title report) 5. ❑ ❑ Evidence of how the parcel in question was created(e.g., "creation deed(s)" in the form of a grant deed or gift deed, or other recorded document). This evidence may be obtained from a title company or you may research records available at the County Recorder's Office. 1 *. i I 4 'f• � .Y � � Applicant Planner 6. ❑ SITE PLAN: Twelve (12) copies of a detailed site plan, drawn to standard engineering scale (e.g., 1" = 100'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on 81/2" X 11" size sheets: The detailed map must include: a• ❑ Name and business address of the applicant or person who prepared the map. b• ❑ Eq/ The Assessor Parcel Number and the street address. c• ❑ Property lines,lot dimensions and any applicable easements of record or proposed. d. ❑ Dimensioned locations of existing and proposed public and private improvements on the property (including, but not limited to, buildings, roads, driveways, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage systems and lighting). Label all items shown on the map. e. ❑ l]' Show private road access, if any, and route(s)to the nearest publicly maintained road. f ❑ North arrow and scale of drawing. g• ❑ [OZAII 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 necessaryby the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Please call the Planning Division of the D artment of Development Services at (530) 538-7601 if you have any questions about these require ents. Signature: Date: M Al7 Zool A pl' eprestiv Signature: Date: anner Receiv' g Application K:\Planning\FORMS\APPLICATIONS\Legal_Lot Determination.doc Revised 09/05/06 2 DECLARATION OF FEES DUE 0 L E (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT SEF 2 0 2007 HARDY,JOHNNY PO BOX 532. COf y6 fif aUTTE CO.CLERK FOREST RANCH,CA 95942 Ohl DEPUTY FILING NO. Project Title/File Number: LEGAL LOT DETERMINATION,DET07-0009 APN: 056-410-029 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)#P469 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: September 18,2007 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. j)OV.„f lVjtL'l p14 i (f � L s� 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,DET07-0009 Assessor's Parcel No.: 056-410-029 Applicant JOHNNYHARDY PO BOX 532 FOREST RANCH,CA 95942 Project Location-Specific: 17201 DEER CREEK HWY., FOREST RANCH, CA 95942 Project Location-City: FOREST RANCH Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: The applicant is requesting a Legal Lot Determination for a parcel zoned TM-5 (Timber Mountain, five acre minimum) that resulted from the final distribution of the Lester B. Hardy estate. The parcel is located 0.25 mile north of Platt Mountain Road, north of the community of Forest Ranch. Name of Person or Agency Approving Project: Butte County Planning Commission or Butte County Board of Supervisors Exempt Status: (Check One) _ Ministerial (Sec. 15073) Declared Emergency [Sec. 15071(a)) _ Emergency Project [Sec. 15071 (b) and (c)] X Categorical Exemption. State type and section number: 15305(a) Statutorily Exempt — 15274(a) Reasons why project is exempt: Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel; Contact Person: Chris Thomas Telephone: (530) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Charles Thistlethwaite, Development Services Planning Manager COwry OF BUTTE I AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA I ATR NO 25049 I' RECEIVED FROM PLANNING i; BAG# 330 DATE 502007 l FUND FUND DEBT ACCT CASH DESCRIPTION INV# TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 518. RECEIPTS: P467-P469 f� RECEIVED ON: 516 i PLANNING APPL FEES GENL 0090 440009 4210900 101001 1,489.00 LAND DEVELOPMENT GENL 0010 440004 8611700 101001 685.40 ENVIRONMENTAL HLTH PH FUND 0021 540013 4614801 101001 518.20 i AGRICULTURAL FEES GENL 0010 460001 4612200 101001 32.50 FIRE PLNG APPL FEE FIRE PROTECT 0100 450001 4617240 101001 58.40 NODINOE CLERK'S FILING FE GENL 0010 470MI 4612319 901001 64.00 Amount of Fee APN:078-35M62;TSM06-05MARC0N $14.00 I APR:056-410-029;DET0707-0009HAPO.Y $ 50.00 J FISH &GAME FEES CLERKIRECORD1001 280 1011860 3,600.00 (85011250) Project Number Amount of Fee APN:079-180-028 7FM00-0025;CARD $1,800.00 APN;047-350-062;TSM08-05;MARCON r� I TOTAL $ 6,447.50 4 APPROVED BY: RECEIVED BY: AUDITOR-CONTROLLER TREASURER By:l ,� white=treasurer pink--auditor canary--depositor golden rod=file I ' SaJIn'daS 100Z S.Z d3S AJLN o . �r a.t.ao r Butte County Department of Development Services �V T TF TIM SNELLINGS,DIRECTOR PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o /� o Oroville,CA 95965 (530) 538-7601 Telephone (530)538-7785 Facsimile c�U Nay ADMINISTRATION * BUILDING *PLANNING August 24,2007 Johnny Hardy PO Box 532 Forest Ranch,CA 95942 Re: LEGAL LOT DETERMINAT: DET07-0009 APN: 056-410-029 Dear Johnny Hardy. At the regular meeting of the Butte County Planning Commission held August 23, 2007,your request for a Legal Lot Determination for a parcel zoned TM-5 (Timber Mountain,five acre minimum)that resulted from the final distribution of the Lester B.Hardy estate was approved:The parcel is located 0.25 mile north of Platt Mountain Road,north of the community of ForestRanch. 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, September 10, 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 Paymentof all applicable fees will be required as a condition of approval foryourproject or proof of waiver of fees. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. The conditions of approval must be met within twenty-four(24)months from the date of approval by the Butte County Planning Commission or the approval will be considered null and void. Should you have any questions regarding this matter,please contact Chris Thomas at 530-538-6706 between 7:30 a.m. and 4:30 p.m.,Monday through Friday. Sincerely, Tina Bonham Commission Clerk EXHIBIT A Conditional Certificate of Compliance on APN 056-410-029, (File DET 07-0009) I. CONDITIONS OF APPROVAL: 1. Pay the recording fee in effect at the time the Certificate of Compliance is recorded: The current fee is $7.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is $13.00 with conditions. This cost estimate is based on a 1 page notification (first sheet), 1 page of legal description with note(s), and 1 page of conditions attached as Exhibit"B". Public Works 2. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 3. 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. Caltrans has stated that the existing 30-foot-wide access opening to serve parcel 056-410-029 on the west side of State Route(SR) 32 is adequate for a residential home and"granny unit". Caltrans. did not object to Butte County issuing a Certificate of Compliance for a neighboring parcel served by the same 30-foot-wide access opening (see attached letter dated Nov 7, 1997). Butte County Public Works also does not object to granting an exception to issue a Certificate of Compliance with the existing 30-foot-wide access opening. 4. Place the following informational note on the Certificate of Compliance: "There shall be no further division of the property unless access is provided pursuant to 20-134 of the Butte County Code. County Counsel 5. If this entire matter or any finding,action or condition of this matter is appealed to the Board of Supervisors,the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. Butte County Department of Development Services °�V TT TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR ° ° ° ° 7 County Center Drive ° -e+-n:.� ° Oroville,CA 95965 C .� (530)538-7601 Telephone 01114 (530)538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION* BUILDING *PLANNING TO WHOM IT MAY CONCERN: I have been informed of my right to appeal the decision by the Planning Commission to the Butte County Board of Supervisors,concerning the issuance of a Certificate of Compliance. I hereby waive my right to appeal the Certificate of Compliance for APN: 056-410-029,DET07-0009. i APPLICANT/OWNER DATE i i RESOLUTION PC 07-46 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET07-0009 WHEREAS, the Planning Commission has considered Legal Lot Determination DET07- 0009 for Johnny Hardy, in accordance with Chapter 20, Section 160; Article VII, Violations and Certificate of Compliance, of the Butte County Code on Assessor's Parcel Number 056-410-029; and WHEREAS, the Planning Commission has determined a Conditional Certificate of Compliance for this project to be categorically exempt in accordance with the California Environmental Quality Act; and WHEREAS, said Conditional Certificate of Compliance was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, the Conditional Certificate of Compliance was considered at a public meeting on August 23, 2007; and WHEREAS, the Planning Commission has considered a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds this project has been determined to be categorically exempt from the California Environmental Quality Act (CEQA) provisions under Section 15303. The legal lot determination would facilitate development consistent with the current Timber Mountain— 5 acre zoning of the property. The Timber Mountain — 5 acre zoning designation allows limited uses consistent with the new construction or conversion of small structures as described in section 15303. 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. Approves the exception request to Butte County Code Section 20-134, allowing a point of encroachment width of thirty (30) feet at Highway 32. In order for the property referred to in the petition to come within the provisions of Butte County Code Section 20-4, the hearing body must find that all of the following facts apply with respect to the subject property; A. That there are special circumstances or conditions of existing development affecting the property, which circumstances, conditions or development existed at the time the application for the map was determined or deemed to be complete. Staff finds the aforementioned November 1984 CAHA between Caltrans and the Butte County Board of Supervisors that restricts the point of encroachment width to the current width of 30'feet to be a valid special circumstance affecting the project site. B. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. The Public Works Department has reviewed this request and states that it has no objections to the exemption request provided further subdivision of the project site is prohibited as stated in Condition of Approval 2. Further, the easement serving the project site widens to approximately 60 feet as it parallels Highway 32, therefore meeting Section 20-134. III. Makes the following findings and approves Conditional Certificate of Compliance 07-0009 with the conditions as set forth in the attachment (Exhibit A) to the resolution. A. The parcel size of approximately 14.8 acres was in conformance with the Butte County General Plan land use designation and zoning at the time of creation. B. The Conditional Certificate of Compliance for the parcel will not be detrimental to the health, safety and welfare of the surrounding area. DULY PASSED AND ADOPTED this 23rd day of August, 2007, by the following vote: AYES: Commissioners Marin, Leland,Nelson, Chair Lambert NOES: None ABSENT: Commissioner Wilson ABSTAIN: None INA LAMBERT, Chair Planning Commission County of Butte, State of California ATTEST: /If4INA BONHAM, Secretary Planning Commission County of Butte, State of California EXHIBIT A Conditional Certificate of Compliance on APN 056-410-029, (File DET 07-0009 I. CONDITIONS OF APPROVAL: 1. Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is $7.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is $13.00 with conditions. This cost estimate is based on a 1 page notification (first sheet), 1 page of legal description with note(s), and 1 page of conditions attached as Exhibit`B". Public Works 2. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 3. 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. Caltrans has stated that the existing 30-foot-wide access opening to serve parcel 056-410-029 on the west side of State Route (SR) 32 is adequate for a residential home and "granny unit". Caltrans did not object to Butte County issuing a Certificate of Compliance for a neighboring parcel served by the same 30-foot-wide access opening (see attached letter dated Nov 7, 1997). Butte County Public Works also does not object to granting an exception to issue a Certificate of Compliance with the existing 30-foot-wide access opening. 4. Place the following informational note on the Certificate of Compliance: "There shall be no further division of the property unless access is provided pursuant to 20-134 of the Butte County Code. County Counsel 5. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator. other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I 0 Butte County Department of Development AUT rF Services o °o TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o - o p -- - p 7 County Center Drive Oroville, CA 95965 (530)538-7601 Telephone (530) 538-7785 Facsimile May 18,2007 To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: HARDY,JOHNNY,DET07-0009 Planner: Chris Thomas APN: 056-410-029 Location: The applicant is requesting a Legal Lot Determination for a parcel zoned TM-5(Timber Mountain,five acre minimum)that resulted from the final distribution of the Lester B.Hardy estate.The parcel is located 0.25 mile north of Platt Mountain Road,north of the community of Forest Ranch. 30-Day Complete June 5,2007 Date of IDR May 30,2007 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 30;: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: cthomas@buttecounty.net Signature: Department: Date: K:/Planning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: HARDY,JOHNNY DATE: 5/7/2007 AGENT: APN: 056-410-029 FILE#: DET07-0009 PLANNER: Chris Thomas I PROJECT DESCRIPTION: The applicant is requesting a Legal Lot Determination for a parcel zoned TM-5 (Timber Mountain,five acre minimum)that resulted from the final distribution of the Lester B.Hardy estate.The parcel is located 0.25 mile north of Platt Mountain Road, north of the community of Forest Ranch. Required for all Certificates of Compliance: Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is$7.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is$ .00 without conditions,$ .00 with conditions. This cost estimate is based on 1 page notification(first sheet), pages(s)of legal description attached as Exhibit"A",and page(s)of conditions attached as Exhibit"B". Health Dept.Conditions: Prove that adequate quantities of domestic water for a single family residence are available to the parcel. Prove that adequate sewage disposal area for a single family residence exists on the parcel. Provide a"will serve" letter from verifying the property is within their district boundaries and that they are willing and able to provide sewer service to the subject property. Provide a"will serve" letter from verifying the property is within their district boundaries and that they are willing and able to provide water service to the subject property. Provide evidence that there are adequate quantities of potable domestic water available to property in accordance with section 12 of the Subdivision Ordinance Improvement Standards. Provide evidence that there is adequate useable sewerage disposable available to property in accordance with Appendix VII of the Subdivision Ordinance Improvement Standards. Public Works Conditions: Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. Provide approved access to the parcel from a publicly maintained road or state highway in accordance with the County Code. Minimum easement width to be feet. Verify legal access to the parcel from Provide documentation from the State Department of Water Resource Division of Parks and Recreation allowing the use of as access to the parcel. Fire Dept.: _ Construction, installation or development of buildings and/or roads,driveways,gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290,4291 and current Butte County Improvement Standards,whichever is stricter. Prior to construction,a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet,hydrant size inches,and residual fire flow of GPM. Fire hydrant identification,road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded,prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. _ Place a note on a separate document and recorded concurrently with the Parcel,Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D,unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating"Automatic Fire Sprinklers conforming to NFPA Standard 13D required"is to be added to all affected building plans. _ In lieu of hydrant installation,prior to.recordation of the Parcel or Final map,payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. _ Prior to building construction,provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. _ Place a note on a separate document,which is to be recorded concurrently with the Parcel or Final map,or on an additional map sheet stating,"Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. _ Prior to any lot clearing activity or cutting of trees,contact the Butte Area Forester at(530)872-6353 to determine the need for a less then 3 acre conversion exemption permit or a timber harvest plan. Butte County Department of Development Services 0 QTTF0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive 0 - 0 Oroville, CA 95965 0 0 (530) 538-7601 Telephone CDUN'�y (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION* BUILDINGPLANNING May 18,2007 TO: FROM: Chris Thomas, Butte County Planning Division , SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: HARDY,JOHNNY, DET07-0009 APN: 056-410-029 DATE OF Inter-Departmental Review: May 30,2007 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: May 28,2007 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: June 14,2007 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 30, 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 a parcel zoned TM-5 (Timber Mountain, five acre minimum) that resulted from the final distribution of the Lester B. Hardy estate. The parcel is located 0.25 mile north of Platt Mountain Road, north of the community of Forest Ranch. COUNTY SUPERVISOR DISTRICT NO.: 3 ZONING: TM-5 (Timber Mountain, five-acre parcels), GENERAL PLAN: AR If a response cannot be submitted prior to the due dates listed above, please call Chris Thomas at 538-6706 or send him an email at cthomas@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. Please return response to project planner. IDR COMMITTEE —APPLICATION COMPLETE ❑ No Name: Date: ❑ Yes Name:- Date: GAPROJECTSUrakit Merge DocumentAREQUEST FOR COMMENTS.doc "DRAFT"LEAD IN SHEET PROJECT NUMBER: OF -6 7- bCx.> I AP#(s): o 0 GI APPLICANT: OWNER(S): <SktAr REPRESENTATIVE: �i1E PROPOSED REQUEST: (by counter planner) DErT �Wt �� L��i►'YL Lrc, yJ� �aj` FINAL REQUEST: (by project planner) . :r" LOCATION: (by counter planner) FIN LOC TION: (by pr ject'p er) EXISTING ZONING: '�" - "' GENERAL PLAN DESIGNATION: SIZE:- S . '40 A.,AO L SUPERVISORIAL DISTRICT#: DATE RECEIVED: !4 ,2 (20-7 COUNTER PLANNER'S INITIALS: ASSIGNED PLANNER: -04/zLia-C .._. Date Proiect Assigned: 05 1��n COUNTY IDR Date: 5 -3 " 1 MAY 0 7 2007 DEVELOPMENT 30 Day Complete: 4 " S - 0 SERVICES Tentative Hearing Date: COMMENT DISTRIBUTION LIST Project Number: County Offices and Cities: _ Planning Division X Assessor's Office-Mapping _ BCAG X Environmental Health — City of Biggs _ ALUC Building Manager City of Chico _ APCD X LAFCo _ City of Gridley _ Butte Co.Farm Bureau X Agricultural Commission _ City of Oroville _ Chico Airport Commission X Public Works/Land Dev _ Town of Paradise Chief Administrative Officer X County Counsel Fire Protection: X California Department of Forestry — El Medio Fire Protection District Domestic Water: S.F.W&P.Agency(OWID) _ Butte Water District Del Oro Water Co. California Water Service Co. _ Thermalito Irrigation District Other i Utilities: _ PG&E North-Chico _ Pacific Bell _ Chambers Cable TV PG&E South-Oroville Viacom Cable TV Irrigation District: Biggs 7 West Gridley Water _ Durham Irrigation Dist. Paradise Irrigation Dist, R.ichvale 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.: 0 *2005=0039696 RECORDING REQUESTED BY Recorded 1 FEC FEE 13.18 Official ltof I aPIES 3.68 But I AND WHEN RECORDED MAIL TO CEM J. BRM I Cototty Clerk-Recorderl Nam. Johnny V.Hardy I stmt PO Box 532 1 LY nddma 612:WM WJul-eM 1 Page 1 of 3 CRY,State lIIIlIIIIlIl1!!IlIIIIlillllllif!!I Forest Ranch, CA 95942 SPACE ABOVE THIS LINE FOR RECORDER'S USE Parcel No. 056-410-029 GIFT GRANT DEED 2 THIS FORM FURNISHED BY BIDWELL TITLE&ESCROW COMPANY The Undersigned Grantors)Declare(s) DocumentaryTransfer Tax is$0.00 R&T 11911 O Cityfrown of 0 computed on full value of interest or property conveyed,or ®Unincorporated Area D full value less value of liens or encumbrances remaining at the time of sale 0 Monument Fee of$10.00 FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, Ruth Rosalee Hardy an unmarried woman and Thomas C. Hardy, an unmarried man BUTTE hereby GRANT(s)to COUNTY Johnny V. Hardy, an unmarried man the following real property in the O City of 0 Unincorporated Area MAY 0 7 2007 County of Butte,State of California: DEVELOPMENT SERVICES SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF � Ruth Rosaee ardy GoThomas C. Hardy Document Date: June 14, 2005 State of California County of BUTTE } SS. On ��rl�4?6A ,before me,the undersigned,a Notary Public in and for said County and State,personally appeared ****** Ruth Rosales Hardy and Thomas C. Hardy ***************e Personally known to me(or proved to me on the basis of satisfactory FOR,NOTARY SEAL OR STAMP evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed d446 the same in his/her/their authorized capacity(ies), and that by C.MCCARTY his/her/their signatureCWM.f 1553235s)on the instrument the person(a),or the entity NOT,wrpt��raosN>A upon behalf of which the person(s)acted,executed the instrument. a cou►moFwm Comm.EVI-MyNh 9,2009 WITNESS my h o 'al seal Signature MAIL TAX STATEMENTS TO: Some as Ahoy • aTEGGiRMEW � , A/ 1 r V•V V V I /V I Book 1476 at page 446, Official Records of Butte County, 2 California. 3 4 G. To RUTH ROSALES HARDY: 5 All that certain real property situate in the 6 unincorporated area of the County of Butte, State of California described as follows: 7 8 A portion of the Northwest quarter of Section 21 , Township 24 North, Range 3 East, K.D.B.SM., being also a portion of Parcel 2 9 oi' the lands allotted to.Lester D. Hardy in that certain Judgment 10 recorded July 13, 1979 in Book 2421 at page 345, Official Records of Butte County, California, and being more particularly described 11 as follows: 12 Beginning at the Northwest corner of said Section 21, marked by a 13 United States Bureau of Land Management Brass Cap •set in a rock 14 mound and running thence North 88'05121" East along the north line of said Section 21 a distance of 1967.02 feet to a point on the 15 westerly right of way line of State Highway 32; le Thence along the westerly right of way line of State Highway 32 27 the following four (4) courses: 18 ;'outh 68'01'24" West a distance of 7.01 feet= 14 South 52'28149" East a distance of 30.17 feet= 40 South 52'05'33" East a distance of 28.84 feet and South 07'57154" West a distance of 306.94 feet 21 22 Thence South 88'34149" West a distance of 1989.93 feet to the westec•ly line of said Section 21, Township 24 North, Range 3 East, 23 M.D.B.Sm. ; - 24 Thence North 01'00145" East along said westerly line of Section 21 25 a distanc•i of 325.80 feet to the point of beginning and contining 46 15.400 acres, more or less. 27 Reserving therefrom a non-exclusive easement for road and public 48 utility purposes sixty (60) feet in width over a portion of the Northeast quarter 0t the Northwest quarter of s#id Section 21 , 29 lying Westerly of, parallel to and contiguous with the westerly 30 line of State Highway 32, said line being more particularly 31 described as follows: 32 Commencing at tho North one quarter corner of said Section 21 and running thence South 88'05121" West along the Northerly line of 33 said Sect ion 21 a distance of 631.60 feet to the Point of 34 Beginning fnr tho herein described liner ' I 35 Thenci- along the westerly line of said State Highway 32 the 3, following four (4) courses: .w OrFICIA or Ice.PXM _10 NK t Kusa ).,SOX 1420 AWOAKU WfI 87 - 39991 . f 1 South 68'01124" West a distance of 7.01 feet; Z South 52028149" East a distance of 30.17 feet; South 52'05133" East a distance of 28.84 feet and 3 South 07'57154" West a distance of 306.94 feet. 4 6 All that certain realpro ert p y situat in the 7 unincorporated area of the County of Butte, State of C ifornia 8 described' as follows: 9 A portion of the Northwest quarter of Section 21 , wnmship 24, 10 North, Range 3 East, M.D.B.&M., being also a port n of Parcel 2 of the lands allotted to Lester B. Hardy in that certain Judgment 11 recorded July 13, 1979 in Book 2421 at page 345 Official Records 12 of Butte County, California and being more par icularly described as follows: 13 li Beginning at a point onthe westerly line o said Setion 21 , which point bears South 01000'45n 45 West a distanc of 325.80 feet from 15 the Northwest corner of said Section 21 , nd running thence South 16 01'00145" West along said westerly line f Section 21 a distance of 335.91 feet to the Southwest corner f Parcel 2 of said Lester 17 B. Hardy lands; 18 Thence-'North 89'04116" East along th southerly line of said 19 Parcel 2 a distance of 1946.04 feet to the westerly right of way 20 line of State Highway 32; 21 Thence North 07'57.54" East alon said westerly right of way line 22 a distance of 357.06 feet; 23 Thence South 88'34149" West a istance of 1989.93 feet to the 24 point of beginning and conta ing 15.545 acres, more or less. 25 Together. with a non-exclus a easement for road and rublic utility 26 purposes sixty (60) feet width over a portion of the Northeast quarter of the Northwest quarter of said Section 21, lying 27 westerly of, parallel t and contiguous with the westerly line of 28 State Highway 32, said ine being more particularly described as follows: 29 30 Commencing at the rth one-quarter corner of said Section 21 and running thence So h 88'05'21" West along the Northerly line of 31 said Section 21 distance of 631 .60 feet to the Point of 32 Beginning for t herein described line; 33 Thence along a westerly line of said State Highway 32 the 34 following fo r (4) courses: 35 South 68'0 '24" West a distance of 7.01 feet; 36 South 52' 8'49" past a distance of 30.17 feet; aw CFF CEO M Aft PACE. -1 1- 7wN A MALSEY .0.!0X Is" M 088 - 00836 Phi 7 OJ-r44 µ&.,py RECORDED BUTTE COUNLY.. gg�,�3 Po�1oNLL AVIF UFFIGIhI. RECORDSB`' "ac>V 4 �1 IM JAN 12 Ali 11: 59 Cl,IiuA%t j.6RUBBS �4 GAS VIIUTTF T CLERK-RECORDEf FEE�1 COUriTY 4, tig- 836 • � r MAT LAW OFFICES OF --� PRICE, PRICE. BROWN & HALSEYIN H 466 VALLOMOROSA AVENUE P0 eox l4 70 3 C-ICO.CALIFORNIA 99937 OCT 14 1987 ' t9181 343-A412 4 CA lr; ` dile Co.Clerk ..� � 5 nrrORnFi•stolt EXECUTRIX By Deput 6 p Y I r n (1 �! 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 9 ,v 10 Estate of ) No. 26544 11 LESTER B. HARDY, also known ) JUDGMENT SETTLING FIRST AND FINAL V (� as LESTER BURTON HARDY, also ) ACCOUNT AND REPORT OF EXECUTRIX, 12 r known as LESTER HARDY ) ALLOWING EXTRAORDINARY COMPENSA— ) ' 1 13 ) TION, AND OF FINAL DIS'T'RIBUTION '`j J i 14 Deceased . ) UNDER WILL ('I i 16 .A V. -\ 17 RUTH R. HARDY, as executrix of the will of LESTER B. 18 HARDY, also known as LESTER BURTON HARDY, also known as LESTER 19 HARDY, deceased, having filed her first and final account, report 20 and petition for its settlement and for final distribution, and !V21 the same coming on this day regularly for hearing, the Court 22 finds: 23 Notice of hearing of the Petition has been regularly 24 given as prescribed by law. �) All. acts and transactions of the executrix of. the will 11, `�( 25 0 `1 r' 26 of LESTER R. HARDY, also known as LESTER BURTON HARDY, also known r ' V! ' as LESTER HARDY, deceased, are truly shown and should be approved �. 27 \ C 28 and all allegations .of the petition for its settlement and for 29 final distribution are true. The account is full, true, and `n 30 correct and should he settled, allowed, and approved as filed . j 31 LESTER B. HARDY, also known as LESTER BURTON HARDY, als �' y1 32 known as LESTER HARDY, died testate on July 16, 1985, in the 1 ? County of Butte, State of California, and was at the time of his 33 34 death a resident thereof. 35 I On November 18,. 1985, RUTH R. HARDY was appointed 36 i executrix of decedent's will and qualified as such on that date, i 0.0636 1 and since then has been and now is the executrix of the decedent ' s 2 will . 3 Notice to creditors has been given as required by law, 4 the time for filing or presenting claims has expired, and the 5 estate now is in a condition to be clos,=d. 6 No claims have been filed or presented against the 7 estate. 8 ' All debts of decedent and of the estate and all expenses 9 of administration have been paid, except closing expenses , 10 commissions of petitioner as executrix, and fees of PRICE, PRICE, 11 BROWN & HALSEY, her attorneys. 12 All personal property taxes due and payable by this 13 estate have been paid. 14 No federal estate tax return has been made or filed for 15 this estate because the estate was not sufficient to r,,quire such to a return, and no federal estate tax is due. 17 All California and federal income taxes due and payable 18 by the estate have been paid . 19 There will be no further expenses of closing the 20 estate. 21 All assets of the estate are decedent' s separate 22 property, except for household furniture and furnishings which 23 � were the community property of decedent and RUTH R. HARDY, his 24 I surviving sponse. 25 The devisees and legatees under the will of decedent 26 have entered into an Agreement re Distrnution of Real Property in Z7 Estate, which agreement is cn file herein , and distribution should 28 be ordered as prayed for. 29 IT IS ORDERED AND ADJUDGED that : 30 1 . The administration of the estate is brought to a 31 close. 32 2. The executrix of the will of LESTER B. HARDY, also 33 known as LRSTER BURTON HARDY, also known as LESTER HARDY, 34 deceased , has in her possession belonging to the estate , after 35 deducting credits to which she is entitled, a balance at the 36 appraised value of $55,500, none of which is in cash.. The first LAW OFFICES , Of PRICE,PRICE, IROWN S HALSEY P.O.BOX 1420 -2- :0.CALIFORNIA 95927 I and final account , petition , and report of the executrix is 2 settled, allowed, and approved as filed. 3 3. All acts and transactions of the executrix 4 relating to the matters set forth in tl.e account, petition and 5 report are confirmed and approved . 6 4 . . The executrix has waived her right to compensation for services rendered in administration of this estate . 8 5 . The executrix is authorized and directed to pay to 9 PRICE, PRICE, BROWN & HALSEY, her attorneys , $1 ,815, as statutory 10 fees for their services rendered in administration of this estate, 11 and $250, as compensation for extraordinary services rendered in 12 administration of this estate. 13 6 . Notice to creditors has been given as required by 14 law. 15 7 . The estate in the possession of the executrix 16 remaining for distribution consists of the follow=ng property, 17 which is hereby distributed in the following manner : 18 A. To KATHLEEN M. HARDY: 19 All that certain real property situate in the 20 unincorporated area of the County of Butte, State of California described as follows : 21 22 A portion of the North half of Section 21 , Township 24 North, Range 3 Fast, M.D.B.&M. , being also a portion of Parcel 1 of the 23 lands allotted to Lester B. Hardy in that certain Judgment 24 recorded July 13, 1979 in Book 2421 at page 345, Official Records of Butte County, California and being more part .cularly descri!:ed 25 as follows : 26 -Beginning pit the intersection of the easterly right of wav line of 27 California State Highway 32 with the southerly line of the 28 Northeast quarter of the Northwest quarter of said Section 21 and running thence North 07'57154 " Fast along said right of way line a 29 distance of 441 . 75 feet to the northerly line of said Hardy 30 lands; 31 Thence South 138 '30140" (:ant n1onel said northerly line. a distance 32 of 616.71 feet ; 33 Thence South 00° 22 ' 55" East pnrall.el with and 60 . 00 feet distant 34 easterly of the North-South centerline of. said Section 21 , a distance of 422 . 10 feet to the enstorly prolongation of the 35 southerly line of tho N.orthennt quarter of the Northwest quarter 36 of said Section 21 which point fjcnrs Solit:h 139 *50 ' 49" East a LAW OFFICES o1 PRICE.PRICE. BROWN 6 HALSEY P.O.BOX 1420 —3— :0.CALIFORNIA 95927 I A ,a 00836 1 distance of 60 .00 feet from the Center-North one sixteenth corner 2 of said Section 21 ; 3 Thence North 89056149" West along said southerly line of the 4 Northeast quarter of the Northwest quarter of said Section 21 and its easterly prologation, being also the northerly line and its 5 easterly prolongation, of that certain parcel of land conveyed to 6 the State of California by Deed recorded January 20, X949 in Book 492 at page 235, Official Records of Butte County, California d 7 distance of 680. 53 feet to the point of beginning and containing 8 6 .40 acres , more or less. 9 Reserving therefrom a non-exclusive easement for road and public 10 utility purposes sixty (60 ) feet in width over and across the above-described parcel , being a portion of that easement 11 described in that certain Deed from Hardy to Doty recorded June 12 2B , 1967 in Book 1476 at page 446 , Official Records of Butte County, California. 13 14 Also reserving, theyof"rom a non-exclusive easement for road and public utility pLi:poses sixty ( 60) feet in width over and across 15 the above-described parcel , being a portion of that certain right 16 of way described in Deed from Central Pacific Railroad Company to County of Butte recorded September 12, 1928 in Book 217 of Deeds 17 at page 240, records of Butte County, California. 18 B. To LANCE T. HARDY: 19 �0 All that certain real property situate in the unincorporated area of the County of Butte, State of California 21 described as follows : 22 I A portion .of the Northeast quarter of Section 21 , Township 24 23 North, Range 3 East, M.D.B.&M. , being also a portion of Parcel 1 24 of the lands allotted to Lester B. Hardy in that certain Judgment recorded July 13, 1979 in Book 2421 at page 345, Official Records 25 of Butte County, California and being more particularly described 26 as follows : 27 Commencing at the Center North one-sixteenth corner of said 28 Section 21 and running thence North 00° 2255" West along the North-South centerline of said Section 21 , a distance of 423.61 29 feet to the northerly line of said Lester B. Hardy lands; 30 Thence South 88° 30140" East along said northerly line a 'distance 31 of 60.03 feet to the True Point of Beginning for the herein 3? described parcel ; 33 Thence continuing South 88°30140" Fast along the northerly line o 34 said Lester B. Hardy lands a distance of 378 .35 feet; 35 Thence South 00°22 ' 55" East, parallel with said North-South 36 'I centerline of Section 21 a distance of 764 .38 feet to the center- LAW OFFICES 01 PRICE,PRICE, -4- 3ROW14 6 HALSEY P.O.°OX 1420 :O.CALIFORNIA 95927 . 88 - 00836 � I line of that certain sixty ( 60 ) foot Ovide easement for road and 2 public utility purposes described in Deed from Hardy to Doty recorded June 20 , 1967 in. Book 1476 at page 446, Official Records 3 of Bute County, California; 4 Thence South 87°24130". West along said centerline a distance of 5 79 .88 feet ; 6 Thence continuing along said centerline, North 58°09130" West a distance of 196 .71 feet; 8 Thence, continuing along said centerline and its westerly prolong- 9 ation, South 83° 32130" West a distance of 193 .01 feet to the 10 North-South centerline of said Section 21 , said line being also the easterly line of that certain parcel of land conveyed to the 11 State of California by Deed recorded January 20, 1949 in Book 492 12 at page 235, Official Records of Butte County, California. 13 Thence North .00° 2155" West along said North-South centerline of 14 Section 21 , a distance of 273 . 70 feet to said Center-North 15 one-sixteenth corner; 16 Thence South 89°56 '49" East, along the easterly prolongation of 17 the southerly line of the Northeast quarter of the Northwest quarter of said Section 21 , a distance of 60. 00 feet; 18 19 Whence North 00022155" West, parallel with and 60.00 feet distant . easterly of the North-South centerline of said Section 21 , a 20 distance of 47.2 . 10 feet to the True Point of Beginning and 21 containing 6 . 59 acres more or less . 22 Together with a .non-exclusive easement for road and public utility purposes, sixty (60) feet in width over and across portions of the 23 North half of said Section 21 as described in that certain Deed 24 from Hardy to Doty recorded June 28 , 1967 in Book 1476 at page 25 446, Official Records of Butte County, California. 26 Reserving from the above described parcel that portion of that 27 certain non-exclusive easement for road and public utilities purposes sixty ( 60) feet in width over and across the 28 above-described parcel , being a portion of that certain easement 29 described in Deed from Hardy to Doty recorded June 28, 1967 in Book 1476 at page 446, Official Records of Butte County, 30 California . 31 C. To LYNN F. HARDY: 32 33 All that certain real property situate in the unincorporated area of the County of Butte, State of California 34 described as follows : 35 A portion of the Northeast quarter of Section 21 , Township 24 36 North, Range 3 East, M.D.B.&M. , being also a portion of Parcel 1 LAW OFFICES of PRICE.PRICE, 8RO%VN&HALSEY —5— P 0.BOX 1420 :0,CALIFORNIA 95927 88 - 00836 1 of the lands allotted to Lester B. Hardy in -that certain Judgment 2 recorded July 13 , 1979 in Book 2421 at page 345, Official Records of Butte County, California and being more particularly described 3 as follows: 4 Commencing at the Center-North one-sixteenth corner of said 5 Section 21 and running thence North 00°22 ' 55" West along the 6 North-South centerline of said Section 21 a distance of 423 . 61 feet to the northerly line of said Lester B. Hardy lands; 7 8 Thence South 88° 30 ' 40" East along said northerly line a distance of 438 .38 feet to the True Point of Beginning for the herein 9 described parcel ; 10 Thence continuing South 88°30140" East along said northerly line a 11 distance of 379 .19 feet to the northeast corner of said Lester B. 12 Hardy lands; 13 Thence South 00°22 ' 55" East along the easterly line of said Hardy 1� .lands a distanc6 of 825.95 feet to the centerline of that certain sixty ( 60) foot wide easement for road and utility purposes 15 described in DeL...l from Hardy to Doty recorded June 28, 1967 in 16 Book 1476 at page 446 , Official Records of Butte County, California; 17 18 Thence north 32°51 ' 30" West along said centerline a distance of 102 .49 feet ; 19 20 Thence South 87°24130" West along said centerline a distance of 324 .19 feet ; 21 22 Thence North 00°22 ' 55 West, parallel with the North-South centerline of said Section 21 , a distance of 764 .38 feet to the 23 True Point of beginning and containing 6 .59 acres, more or less . 24 Together with a nen-exclusive easement for road and public utility 25 purposes , sixty ( 60 ) feet in width over and across portions of the 26 Porth half of said Section 21 as described in that certain Deed from Hardy to Doty recorded June 28, 1967 in Book 1476 at page . 27 446, Official Records of Butte County, California. 28 Reserving from the above described parcel that portion of that 29 certain non-exclusive easement for road and public utilities 30 purposes sixty ( 60 ) feet in width over and across the above- described parcel , being 'a portion of that certain easement 31 described in Deed from Hardy to Doty recorded June 28, 1967 in 32 Rook 1476 at page 446, Official Records of Butte County, California. 33 34 D. To ROBIN N. HARDY: 35 36 All that certain real property situate in the LM.OFFICES . of PRICE.PRICE. —6— BROWN 6— BROWN&HALSEY P.O.BOX 1420 :O. R CALIFO NIA 95927 ss - 0003s �'� I unincorporated area of the County of Butte, State of California 2 described as follows: 3 A portion of the Northeast quarter of Section 21 , Township 24 4 North, Range 3 East, M.D.B.&M. , being also a portion of Parcel 1 of the lands allotted to Lester B. Hardy in that certain Judgment 5 recorded July 13, 1979 in Book 2421 at page 345, Official Records 6 of Butte County, California and being more- particularly described as follows : 7 8 Beginning at a point on the North-South centerline of said Section 21 , which point bears South 00022' 55" East along said centerline a 9 distance of 273 . 70 feet from the Center North one-sixteenth corner 10 of. said Section 21 , said point being .also at the intersection of said North-South centerline with the westerly prolongation of the 11 centerline of that certain road and public utility easement des-. 12 cribed in that certain Deed from Hardy to Doty recorded June 28, 1967 in Book 1476 at page 446, Official Records of Butte County, 13 California; , 14 Thence continuing South 00°22 '55" East along said North-South 15 centerline, being also the easterly line of that certain parce"i of 16 land conveyed to the State of California by Deed recorded January 20, 1949 in Book 492 at page 235, Official Records of Butte 17 County, California, a distance of 1087. 12 feet to the Center of 18 said Section 21 being also the Southwest corner of said Hardy lands; 19 20 Thence South 88°01 ' 46" East along the East-West centerline of said Section 21 , being also the southerly line of said Hardy lands, a 21 distance of 261 . 39 feet; 22 Thence North 00°22155" Wes'=, parallel with the North-South 23 centerline of said Section 21 , a distance of 1074 .63 feet to the 24 centerline of the herein above mentioned road and public utilities easement; 25 26 Thence North 58009 ' 30" West along said centerline a distance of. 81 .85 feet; 27 28 Thence, continuing along said centerline,. South 83 ° 32 ' 30" West a distance of 193 .01 feet to the point of beginning and containing 29 6 . 59 acres, more or less . 30 Together with a non-exclusive easement for road and public utility 31 purposes, sixty ( 60 ) feet in width over and across portions of the 32 North half of said Section 21 as described in that certain Deed from Hardy to Doty recorded June 28 , 1967 in Book 1476 at page 33 446, Official Records of. Eutte County, California. 34 Reserving f.ron. the above described parcel that portion of that 35 certain non-exclusive easement for road and public utilities 36 purposes sixty ( 60 ) feet in width over and across the above- LAW OFFICES of PRICE.PRICE, —7— BROWN a HALSEY P.O.BOX 1420 ;O,CALIFORNIA 9592'' �amaee . 88 - 00836 I I described parcel , being a portion of that certain easement 2 described in Deed from Hardy to Doty recorded June 28, 1967 in Book 1476 at page 446 , Official Records of Butte County, 3 California. 4 5 E. To WILLIAM F. HARDY: 6 All that certain real property situate in the 7 unincorporated area of. the County of Butte, State of California e described as follows: 9 A portion of the Northeast quarter of Section 21 , Township 24 10 North , Range 3 East, M.D.B.&M. , being also a portion of Parcel 1 of the lands allotted to Lester B. Hardy in that certain Judgment 11 recorded July 13, 1979 in Book 2421 at page 345, Official Records 12 of Butte County, California and being more particularly described as follows: 1S 14 Beginning at a 6oint on the East-West centerline of said Section 21 , said line being also the southerly line of said Hardy lands, 15 which point bears South 88°01 ' 46" East a distance of 261 . 39 feet from the Center of said Section 21 and running thence South 16 88°01146" East along said East-West centerline a distance of 17 278 .49 feet; 18 Thence North 00°22155" West, parallel to the North-South center- 19 line of said Section 21 , a distance of 1031 .80 feet to the 20 centerline of that certain road and public utilities easement described in that certain Deed from Hardy to Doty recorded June 21 28, 1967 in Book 1476 at page 446, Official Records of Butte 22 County, California; 23 Thence South 87°24 ' 30 11est along said centerline a distance of 24 181 .22 feet; 25 'Thence continuing along said centerline, North 58009 ' 30" West a 26 distance of 1 14 .86 feet; 27 Thence South 00022 ' 55" East, parallel with the North-South 28 centerline of said Section. 21 , a distance of 1074 .63 feet to the point of beginning and containing 6.59 acres more or less . 29 30 I Together, with a non-exclusive easement for road and public utility � purp,ses , sixty ( 60) feet in width over and across portions of the N:rth half of said Section 21 as described in that certain Deed from Hardy to Doty recorded June 28, 1967 in Book 1476 at page 446, Official Records of Butte County,. California. 33 34 Reserving from the above described parcel that portion of that certain non-exclusive easement for road and public utilities 35 purposes sixty ( 60 ) feet in width over and across the 36 ) a'Dove-described parcel , being a portion of that certain easement LAw OFFICES of PRICE,PRICE, —8— BROWN 8— BROWN&HALSEY P.O.BOX 1420 :O.CALIFORNIA 95027 v+� i • 88 - 00836 1 described in Deed from Hardy to Doty recorded ,lune 28 , 1967 in 2 Book 1476 at page 446', Official Records of Butte County, California . 3 4 F. To THOMAS C. HARDY: 5 6 All that certain real property situate in the unincorporated area of the County of Butte, State of California 7 described as follows : e A portion of the Northeast quarter of Section 21 , Township 24 9 North, Range 3 Gist, M.D.B.&M. , being also a portion of Parcel 1 10 of the lands allotted to Lester B. Hardy in that certain Judgment recorded July 13 , 1979 in Book 2421 at page 345, Official Records 11 of Butte County, California and being more particularly described 12 as follows : 13 beginning at the southeast corner of said Hardy lands being also a 14 point on" the Gast-West centerline of said Section 21 , which point bears South 88°01 ' 46" Easta distance of 817 . 83 feet from the 15 Center of said Section 21 and running thence North 00 °22' 55" West 16 along the easterly line of said Hardy lands a distance of 965. 35 feet to the centerline of that certain road and public utilities 17 easement described in that certain Deed from Hardy to Doty 18 recorded June 28, 1967 in Book 1476 at page 446, Official Records of Butte County, California; 19 20 Thence North 32°51 ' 30" West along said centerline a distance of 102 .49 feet; 21 22 Thence, continuing along said centerline, South 87024 ' 30" West a . distance of 222.85 feet; 23 24 Thence South 00°22 ' 55" East, Parallel with the North-South centerline of said Section 21 , a distance of 1031 .80 feet to the 25 East-West centerline of said Section 21 ; 26 Thence South 88 °01 ' 46" East along said centerline a distance of 27 277 .95 feet to the point of beginning and containing 6.59 acres 28 more or less . 29 Together with a non-exclusive easement for road and public utility 30 purposes, sixty ( 60) feet in width over and across portions of the North half of said Section 21 as described in that certain Deed 31 from Hardy to Doty recorded June 28, 1967 in Bcok 1476 at page 32 446 , Official Records of Butte County, California. 33 Reserving from the above described parcel that portion of that 34 certain non-exclusive easement for road and public utilities purposes sixty (60) feet in width over and across the above- 35 described parcel , being a portion of that certain easement 36 I described in Deed from Hardy to Doty recorded June 28, 1967 in LAW OFFICES 01 PRICE,PRICE, -9- 9ROWN 6 HALSEY - P.O.BOX 1420 :0.CALIFORNIA 95:127 88 - 00836 1 Book 1476 at page 446, Official Records of Butte County, 2 California. 3 4 G. To RUTH ROSALEE HARDY: 5 All that certain real property situate in the 6 unincorporated area of the County of Butte, State of California described as follows : 7 8 A portion of the Northwest quarter of Section 21 , Township 24 North, Range 3 East, M.D.B.&M. , being also a portion of Parcel 2 9 of the lands allotted to Lester B. Hardy. in that certain Judgment 10 recorded July 13, 1979 in Book 2421 at page 345, Official Records of Butte County, California, and being more particularly described 11 as follows: 12 Beginning at the Northwest corner of said Section 21 , marked by a 13 United States Bureau of Land Management Brass Cap set in a rock 14 mound and running thence North 88"05' 21 " East along the north line of said Section 21 a distance of 1987 .02 feet to a point on the 3.5 westerly right of way line of. State Hiahway 32; 16 Thence along the westerly right of way line of State Highway 32 17 the following four ( 4 ) courses : lfl South 68 °01' 24" West a distance of 7 .01 feet; 19 South 52'28 ' 49" East a distance of 30 . 17 feet; 20 South 52`05133" Fast a distance of 28 .84 feet and South 07'57 ' 54" West a distance of 306. 94 feet; 21 22 Thence South 88 " 34 ' 49" West a distance of 1989 .93 feet to the westerly line of said Section 21 , Township 24 North, - Range 3 East , 23 M.D.B.&M. ; 2•t Thence North 01° 00145" East along said westerly line of Section 21 25 a distance of 325 .80 feet to the point of beginning and contining 26 15 .400 acres , more or less . 27 Reserving therefrom a non-exclusive easement for road and public 28 utility purposes sixty ( 60 ) feet in width over a portion of the Northeast quarter of the Northwest quarter of said Section 21 , 29 lying Westerly of, parallel to and contiguous with the westerly 30 line of State Highway 32, said line being more particularly described as follows: 31 32 Commencing at the North one quarter corner of said Section 21 and running thence South 88° 05 '21 " West along the Northerly line of 33 said Section 21 a distance" of 631 .60 feet to the Point of 34 Beginning for the herein described line; 35 1 Thence along the westerly line of said State Highway 32 the 36 following four (4) courses: LAW OFFICES DI PRICE.PRICE. —1 0- 3ROWN d HALSEY P.O.80X 1420 :0.CALIFOANII.95927 . • i ....... - 88 - 00836 �\ 1 South 68°01124" West a distance of 7 .01 feet; 2 South 52028 ' 49" East a distance of 30 . 17 feet; South 52'05 ' 33" East a distance' of 28 .84 feet and 3 South 07°57 ' 54" West a distance of 306 .94 feet . 4 5 H. To CLINTON L. HARDY: 6 All that certain real property cituate in the 7 unincorporated area of the County of Butte, State of California 8 described as follows: 4 A portion of the Northwest quarter of Section' 21 , Townmship 24 10 North, Range .3 East, M. D.B.&M. , being also a portion of Parcel 2 of the lands allotted to Lester B. Hardy in that certain Judgment 11 recorded July 13, 1979 in Book 2421 at page 345, Official Records 12 of Butte County, California and being more particularly described as follows : 13 14 Beginning at a point on the westerly line of said Setion 21 , which point bears South 01° 00 ' 45" West a distance of 325 .80 feet from 15 the Northwest corner of said Section 21 , and running thence South 16 01" 00145" West along said westerly line of Section 21 a distance of 335 . 91 feet to the Southwest corner of Parcel 2 of said Fester 17 B. Hardy lands ; 18 Thence North 89 "04' 16" East along the. southerly line of said 19 Parcel 2 a distance of 1946 .04 feet to the westerly right of way 20 line of State Highway 32; 21 Thence North 07'57 '54"East along said westerly right of way line 22 a dist ar.cp of 357.06 feet; 23 Thence South 88°34 '49" West a distance of 1989. 93 feet to the 24 point of beginning and containing 15.545 acres, more or less . 25 Together with a non-exclusive easement for road and public utility 26 purposes sixty ( 60 ) feet in width over a portion of the Northeast quarter of . the Northwest_ quarter of said Section 21 , lying 27 Westerly of, parallel to and contiguous with the westerly line of 28 State Highway 32, said line being more particularly described as follows: 29 30 Commencing at the North one-quarter corner of said Section 21 and running thence South 88 °05' 21" West along the Northerly line of 31 said Section 7. 1 a distance of 631 .60 feet to the Point of• 32 Beginning for the herein described line; 33 Thence along .the westerly line of said State Highway 32 the 34 following four (4 ) courses' 35 South 68°01 ' 24 Westa distance of 7. 01 feet; 36 South 52028 ' 49" Past a distance o.f . 30 .17 feet; LAW OFFICES of PRICE.PRICE, DROWN 6 HALSEY P.O.BOX 1420 :O.CALIFORNIA 95977 , - 8 $ - 00836 1 South 52"05 ' 33" East a distance of. 28 .84 feet and 2 South 07° 5754" West a distance of -306 .94 feet.. 3 Reserving from the above-described parcel a non-exclusive easement 4 for road and public utility purposes sixty (60) feet in 'width; being the easterly sixty ( 60) feet of the above-described parcel 5 and lying Westerly of, parallel to and contiguous with the 6 westerly right of way line of said State Highway 32. 7 8 I. To RUTH ROSALEE HARDY, all of decedent' s 9 interest- in their household furniture and furnishings, and any 10 other property of the estate not now known or discovered that may 11 belong to the estate or in which the decedent or the estate may 12 have any interest . 13 14 DATED:, October /1� , 1987. 15 16 17 •dge of the uperior Court 18 19 20 FILED/b PHYSICALLY C D IN JUDGMENT 13(;•0}; N0. 1PG. �� _ 011 21 I C)EI.LA9c UNDER PENALTY 0. PERJ t� t; 22 TO 8E TRUE AND CORRECT. ATED _-,_.Qf9B7 AT OROV►LLE, CANDA�E . GR S, OU��+'IY f;L�:;3K 23 CALIFORNIA 8Y CcPUTY 24 25 26 )w FOREGOING INSTRUMaNT IS A CORRECT CC)F'1' 27 THE Ofi G;NA.L ON FILE AND ON RECORD IN'THirs ATTEST: DATE: 28 COUNTY CLi=P.P A'JD 1,;=q ;j.... CANDACE J.ERUBBS a. RT IN AF:D For.THE cwti,v,.; 29 TA OFC, _PDFWIA. 30 E)' 31 32 33 34 35 36 LAW OFFICES of PRICE.PRICE. —12— BROWN 6 HALSEY P.O.BOX 1420 ;0.CALIFORNIA 95927 END OP [1(lC I AGI T i 0 I 0 mow` $le 3Wao' 9AaU LODZ L 0 Ow :. \® IN- c � o � �v 13 z Butte County Deortment of Development-iAUT TF Services o° °o TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 7 County Center Drive Oroville, CA 95965- (530) 5965(530)538-7601 Telephone (530)538-7785 Facsimile June 8,2007 To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: HARDY,JOHNNY,DET07-0009 Planner: Chris Thomas APN: 056-410-029 Location: The applicant is requesting a Legal Lot Determination for a parcel zoned TM-5(Timber Mountain,five acre minimum)that resulted from the final distribution of the Lester B.Hardy estate. The parcel is located 0.25 mile north of Platt Mountain Road,north of the community of Forest Ranch. 30-Day Complete June 5,2007 Date of IDR May 30,2007 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 30,2001 Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting, regarding completeness of application. What ! is needed to make the application complete? ® YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. PLEASE SEND YOUR RESPONSE TO: cthomas@buttecountv.net Signature: E. Schroth Department: Public Works Date: 5/30/07 K:/Planning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 32 056-410-029 Encroachment Access Easement 056410-030 Platt Mt. Rd 056-410-002 s 056-410-031 i F 0 500 1000 1500 Feet MEMn Hardy DET 07-0009 APN 056-410-029 Aerial View For BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: HARDY,JOHNNY DATE: 5/7/2007 AGENT: APN: 056-410-029 FILE#: DET07-0009 PLANNER: Chris Thomas PROJECT DESCRIPTION: The applicant is requesting a Legal Lot Determination for a parcel zoned TM-5 (Timber Mountain,five acre minimum)that resulted from the final distribution of the Lester B. Hardy estate. The parcel is located 0.25 mile north of Platt Mountain Road,north of the community of Forest Ranch. 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 ® I. 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. Caltrans has stated that the existing 30-foot-wide access opening to serve parcel 056-410-029 on the west side of State Route(SR) 32 is adequate for a residential home and"granny unit'. Caltrans did not object to Butte County issuing a Certificate of Compliance for a neighboring parcel served by the same 30-foot-wide access opening(see attached letter dated Nov 7, 1997). Butte County Public Works also does not object to granting an exception to issue a Certificate of Compliance with the existing 30-foot-wide access opening. ® 2. Place the following informational note on the Certificate of Compliance: "There shall be no further division of the property unless access is provided pursuant to 20-134 of the Butte County Code. Page 1 of 2 Thomas, Chris From: Edell, Stuart Sent: Tuesday, June 12, 2007 8:46 AM To: Schroth, Eric; Thomas, Chris Subject:-RE: Hardy LLD (DET, CofC, etc.) Hwy 32 Forest Ranch area Same creation information as the Wilma Faye Moore COC on AP 056-410-002 From: Schroth, Eric Sent: Monday, June 11, 2007 2:30 PM To: Thomas, Chris Cc: Edell, Stuart Subject: RE: Hardy LLD (DET, CofC, etc.) Hwy 32 Forest Ranch area This parcel has a complex creation history with differing opinions as to creation. It is best answered by Stu. The 2005 gift deed is not a valid creator. From: Thomas, Chris Sent: Monday, June 11, 2007 1:38 PM To: Loushine,Tom Cc: Fogel, Doug; Schroth, Eric Subject: RE: Hardy LLD (DET, CofC, etc.) Hwy 32 Forest Ranch area Correct—the will was filed October 14, 1987. I'm not sure that document constitutes a creator of property, however. Eric? Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6706 (direct) 530.538.7601 (office) 530.538.2140 (fax) From: Loushine,Tom Sent: Monday, June 11, 2007 1:33 PM To: Fogel, Doug; Thomas, Chris Subject: RE: Hardy LLD (DET, CofC, etc.) Hwy 32 Forest Ranch area I see in the file that there was a"will" in 1987, and a gift deed in 2005. Tom From: Fogel, Doug Sent: Monday, June 11, 2007 1:27 PM To: Thomas, Chris Cc: Loushine,Tom Subject: Hardy LLD (DET, CofC, etc.) Hwy 32 Forest Ranch area 6/18/2007 Page 2 of 2 Chris, what date do you have for the original date of the illegal creation of this parcel in question? The specific date has critical bearing on what standard and therefore condition we will require of the applicant for their certificate. 6/18/2007 STATE OF C;ALIFORNIA•BUSINESS TRANSPORTAI10 0 HOUSING AGENCY PETE WILSON Governor DEPARTMENT OF TRANSPORTATION DISTRICT 3 �'• P.O.BOX 811 M O Tele LLE.(S 95,W)741 TOD'feleplccne(530)7414508 FAX(530)711-5346 Telephone(SCO)7414538 November 7, 1997 Ap HBUT004,022,092,IB UT 165 03-BUT-32 PM 28.2 Moore/Latour Certificate of Compliance at PM 28.442 Application Mr. Larry Painter, Planning Technician Butte County Planning Division Department of Development Services 7 County Center Drive Oroville, CA 95965-3397 Dear Mr.Painter: Thank you for the opportunity to review and comment on the above referenced document. COMMENTS: Caltrans certifies that the existing 30-foot-wide access opening at Postmile 28.442 (see attached location map) on the west side of State Route(SR)32 in Butte County, with the existing paved road approach to the SR 32 highway, is adequate for the existing uses on APN 056-410-002. Currently, this location is landmarked with a yellow gate. Caltrans certification is consistent with our letter of March 12, 1996, (copy attached) to Ms. Susan Minasian, County Counsel for Butte County. This opening and approach are adequate to also serve at least four more homes (with granny units). We do not see any need to change this access opening to a public road or make any additional driveway improvement to serve this level of residential use. As long as the stipulations referenced above are incorporated as part of the compliance document conditions,Caltrans does not object to Butte County issuing a Certificate of Compliance for a Legal Lot Determination. If you have any questions regarding these comments, please contact Phil Jones, Inter Governmental Review/CEQA Coordinator, at(530) 741-4004. Sincerely, 'ego CetJ E.A. "LIB" HARAUGHTY, Chief Office of Transportation Planning -Rural Div;c;ir�;y c: Jon Clark, Butte County Association of Governments Planning NOV 1 0 Wt Orovillo, Cfsfur:.(G STATE OF CALIFQRNIA-BUSINESS,TRANSPORTATION A; AGENCY • PETE WILSON Govemor DEPARTMENT OF TRANSPORTATION DISTRICT J - •7 �`�1 P.O.BOX 911 ;-o MARYSVILLE.CA 95901 TDD Tel*^h ,(916)7414509 FAX(9 16)7.1.1 SQUG Tabgtwne(916)741-539 March 12. 1996 HBUT004, HBUT022 03-BUT-32 PM 28.2/28.7 Moore/Latour Sale Certificate of Compliance at PhI 26.442 Request For Assistance Ms. Susan Minasian, County Counsel Butte County 25 County Center Drive Oroville, CA 95965-3380 Dear Ms. Minasian: We have received your letter of February 21. 1996, requesting assistance in the evaluation of the State Route (SR) 32 access opening for APN# 056-410-002, and the potential consequences for APN's 056-410-029, -030, -031. and -032. We also received a courtesy copy of a January 10, 1996, response that Stuart Edell, Manager. Butte County Land Development Division, provided to Ms. Wilma Moore on her pending property sale and her request for a Certificate of Compliance for the Title Company. In addition, we responded to October and November 1995 phone calls from Terri Latour, her Realtor, amd Russ Croninger, an engineer, regarding this situation. We are offering the following time line summary to clarify what our records show regarding State Route (SR) 32 access in that area, and what we could "certify". March 1961 Caltrans obtained a Grant Deed (see enclosed) from Pearl Hardy for SR 32 right of way through her large (100+ acres) ranch parcel west of the right of way (NW 1/4 Section 21, T24N, R03E). Hardy relinquished all abutters rights except for a private access opening of 30 feet at the line between Sections 21 and 16. Although the access road does not appear to follow the easement as shown on the Assessor's map, our aerial maps indicate that the SR 32 Postmile (PM) for this opening is 28.442 (i.e. your "about 600 feet south of Milepost BUT 28.7"). This access opening tapers out to 59.0 feet at the adjoining public highway right of way line. Our understanding from various sources is that this paved road approach "has been used for years" as a private driveway for entrance to the farm and a summer home. This access opening also serves the California Division of Forestry Lookout Station in Section 16. The Meets and Bounds map with the Grant Deed indicates Old (State Route ) 47 was abandoned, and public access was designated only for Road 21OG (PM 29.034) to the East. March 1972 According to Edell's letter, Ms. Moore's 30.94 acre parcel (APN 056-410-002) and others were created by decree of distribution. Evidently, this was to allow the children to inherit separate parcels on both sides of.SR 32. Although these parcels were designated in November 1983 (PM93-83) for tax purposes, no subdivision requests have been received or approved. January 1985 Caltrans transmitted the final Controlled Access Highway Agreement (CAHA) for SR 32 from Humboldt Road near Hog Spring (PM 15.1) to about 0.1 mile north of Humboldt Road near Lomo (PM R37.0) (enclosed). This package includes both the October 1994 CAHA signed by County and Caltrans, and the November 1984 Butte County Board of Supervisors Resolution 8.4-169 for the SR 32 CAHA. The CAHA provided for four new 60 foot wide at-grade public road connections, west of Forest Ranch, as follows: Ten Mile House Road (PM 18.5), La Costana Drive (PM 18.9), Altatina Drive (PM 19.4) and Fourteen Mile House Drive (PM 21.8). These received N[s. Susan Minasian, County Counsel March 12, 1996 Page 2 California Transportation Commission (CTC) approval after a lengthy Environmental Impact Report (EIR) process. Nlitigation in that process included compensation to the adjacent property owners for our right to control access to the State highway. The CAHA Nlap indicates that existing public road access openings in Section 21 included Garland Road (Co. Rd. 5150, PM 27.75) and Platt Mountain Road (CO. Road. N217. PM 28.17). The only public road access opening in Section 16 is for Road 210G to the East (at PM 29.034), which extends to Section 17. This later access point appears to be the closest public road access opening to Moore on her side of the highway. June 1989 County Assessors Parcel Maps were revised to indicate the 1972 and other unofficial and official parceling for the North half of Section 21 which created 29 parcels in place of 13. Again, this tax map is not a verification of a change in the CAHA. the size of any access openings. or the allowable uses of driveways and adjacent lands. Caltrans would be willing to certify than the existing 30 foot wide access opening at Postmile 28.442, with the existing paved road approach to the SR 32 highway, appears to be adequate for the existing uses on APN 056-410-002. This opening and approach are adequate,to also serve at least four more homes (with cranny units). We do not see any nerd to change this access opening to a public road to serve this level of residential use. The County's requirement for a "60 foot wide easement to a public road" is not inconsistent with a 30 foot wide access opening for the homes in this situation. However, if any non- residential uses or additional parcelization which would use this access opening is proposed. it should be sent to us for review and recertification or reauthorization analysis. Changing the private access opening to a public road would require that the CAHA be reauthorized by the CTC. Reauthorization consent from the CTC could be a fairly expensive process ($50,000 +/- for engineering and environmental documents) and could take more than 6 months. The critical element needed for the analysis would be a Site Plan which shows the history of parcelization and proposed options for development. In addition, Caltrans review and recommendations would need to be submitted with a request for inclusion on the CTC Consent Agenda. If you have any questions regarding these comments, please contact Terri Pencovic, Inter .mmental Review/CEQA Coordinator. at (916) 741-4199. Sincerely, Original signed by E. A. "LIB" HARAUGHTY, Chief Office of Transportation Planning - Rural .osures Jon Clark, Butte County Association of Governments Stuart Edell, Butte County Planning Wilma Faye Moore, 1080 East Lassen Ave.. Apt. #49, Chico 95926 District Routing Jim Brake, Traffic Ops Scott Jackson, Right of Way Mike Forga. Special Funded Rich Jones, Permits IGR/CEQA File (2) x o T24N R3E MD IV c r :�♦ � Ufa/�,�— !7 �i / - A t7 26.Ilk-1+ /^ 11 SEC 21 /i/ � q'3,`c"t 0'.9 i i = A[Yellow Gale / et e•osFo'oo _ 5 E OF CALIFORUTA It „`�� t•as]a-• .� I ---_� �/ II o. CI ♦`\ Cx•r q'ai a.+C GI- /�� 11 eaC] 11 „I ♦♦ as).T °a� /% 11\ DIAMOND MATCN Co. PEARI F. NARDY r \\` !r t•ow'o':� // o 0.000 -�` wt.aa • �_ (/ O.�44 !as��s%y i �\\♦ r rli of !/ 1�•”' s�y � � ao� �\♦� /! _._ ;:�� saic�Ixee.n. p yp°�,i/.'�\•" �•'v,j O' c- \\I II i I� ..sz•:i a•.._iQ<..- 3axFi1'S�T2 Ca¢o�cl ?ii�r'/I Nom• \\1 i rod si'l t.r 1l si.l: I'�ylor�l/ �D'�•u:r '% wm• \* ft,\ '>•.],'1e[ .. Ga.T`\ a°p 1 '/� /.� / % <.�.a.IOQI.I.r , 70,t0,ro-ss•� .7. un ii j:cm's-o+ .' us°=i oo w-�ald ��',oiii iec-cLl:.ri' i :ao.a!•••� q.,.oea �o DIAMOND MATCH Co. or a• c ♦\ t\ i/w t•vc / i� � ♦�� 'zwa,]" /. \♦.i•c•ri�s' /� ;$S � 11 ^ Ielxs,x `,Jt 1♦�.--\�a�\rcl.�s_��. 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[I,••J,rr Rot. �ez)lfQ.f• ILglfLr./JI j l �� • \II ../�� mW . rvr ro.uw.r rn•ar.r rQ.r. .err.rrJe . • ILT w.a �^ -vr Q.a.w ra•-,,.0 tQ.r. •erzu•.ro.zorrrn.r,1 —11 xry �aw wQ+..a•.r['[.c.r.•erra ror vrr.rri.rJ �Lorcnan 11 �,�� •�/ i/ /�—-� � .r.rrr.JQvsc+b•rin ro,r. •art .r..J.-Qr i.eu � � , / >I / jlo .I a.uow.ro•.u•a.t.u+..na:tar. au.r.arr ILarf u4 a• \\\ �/ �\ i// u'"�n _.�� I\, z/ �t r�•I.w. nn��eaoarres rew I /j/ fIQIO /xQTE an 111 '� t['uatt•x0 cmamx•rzs sla.I•tt a// ooewn...rf•o wn,re:i"O�' �l ��V i --Jy •%/ 7M•cog"maTt me p Txt cyte I•IT•T 1 ��r�w�f ff Mt•I.' // x ��n: - I 1 �: - x,oapOOcaoaon•rz vtns.Loxt I.on?AI '< o; L,� .ae cmulm n om..ctt. Annr onr.,reetE� ♦ ACCESS PROHIBIT ro ao,xer.]aaea TeOer•tnenru4tt. 3.4, Cf 7] TO �s•�A. C• ILS Thomas, Chris From: Loushine, Tom Sent: Thursday, June 21, 2007 5:04 PM To: Thomas, Chris Subject: FW: Hardy, Johnny, DET07-0009, 056-410-029 This office has determined that the application is complete. The applicant provided a well report for a well drilled on this parcel in 1981. It indicates a 20 gpm yield., A soil profile study, conducted this date, indicated 7' of soil depth. Given the size of the parcel, usable sewage disposal area per Appendix VII is considered to be available. Tom Loushine, REHS Division of Environmental Health 530.891.2727 Fax 530.895.6512 From: Loushine,Tom Sent: Thursday, May 24, 2007 10:41 AM To: Thomas, Chris Cc: Fogel, Doug Subject: Hardy, Johnny, DET07-0009, 056-410-029 In response to the above-indicated application, I find it incomplete and submit the following comments in order to make it complete: 1. Prove the availability of an adequate supply of potable water. 2. Prove minimal usable sewage disposal area, per Appendix VII of the Improvement Standards. Tom Loushine, REHS Division of Environmental Health 530.891.2727 Fax 530.895.6512 1 . • it Thomas, Chris From: Loushine, Tom Sent: Thursday, May 24, 2007 10:41 AM To: Thomas, Chris Cc: Fogel, Doug Subject: Hardy, Johnny, DET07-0009, 056-410-029 I In response to the above-indicated application, I find it incomplete and submit the following comments in order to make it complete: 1. Prove the availability of an adequate supply of potable water. ill 2. Prove minimal usable sewage disposal area, per Appendix VII of the Improvement Standards. Tom Loushine, REHS Division of Environmental Health 530.891.2727 Fax 530.895.6512 1 Butte County De^lment of Development o�vTTFo Services o 0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 o „ _�� o 7 County Center Drive ° ° Oroville, CA 95965 c�UNty (530) 538-7601 Telephone (530) 538-7785 Facsimile June 8,2007 To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: HARDY,JOHNNY,DET07-0009 Planner: Chris Thomas APN: 056-410-029 Location: The applicant is requesting a Legal Lot Determination for a parcel zoned TM-5(Timber Mountain,five acre minimum)that resulted from the final distribution of the Lester B.Hardy estate.The parcel is located 0.25 mile north of Platt Mountain Road,north of the community-of Forest Ranch. 30-Day Complete June 5,2007 Date of IDR May 30,2007 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 30,2007 Do you find this application complete? X IYes. Conditions and/or mitigation measures are attached or will be provided at the IDR meeting. No apparent adverse agricultural issues, no other conditions or mitigating measures. Signature: (Ro6ert C. 9fig Peput yAA. Commissioner Department: Agriculture Date: May 24,2007 t K:/Planning/Projects/A New File/IDR Memos/IDR Completeness _ 8/30/05 ii BUTTE COUNTY 1 MAY 0 7 2001 DEVELOPMENT j SERVICES �y FA rA- F c a 0 r_ I (L I � a d i `i j TM 0 1\ / `\\moo , \ \\ 1 \�\ 00, l� rl�l 1 \\\�G \\I Ir Project Location \\ TM J \Lal" i d \ 3 Villi TM 20 /,7` / Rd FT \\ 1 I c I — r�/ 1,400 700 0 1,400 2,800 4,200 5,600 7,000 8,400 9,800 11,200 12,600 Feet N BUTTE COUNTY PLANNING COMMISSION W E Applicant: Johnny Hard Owner: Same Hearin Date: Existing Zone:TM-5(Timber Mountain,5 acre min. S Request: Legal Lot Determination. Supervisorial District#3 Assessor Parcel No: 056-410-029 File:DET 07-0009