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HomeMy WebLinkAboutDET 08-0004_PLANNING ,3 "7Z- SHE -IF - SEPARATOR "7Z- SEPRRRTOR SHEET A>H o�s2 . 39D0\0 oAoJERxUMaEa�F7 PROJECT SUMMARY SHEET FILE NO.: DET08-0004 PROJECT TYPE:' LEGAL LOT DETERMINAT APN: 062-390-010 APPLICANT: Alfred &Nancy Confenti ADDRESS: 1154 Vuelta Olivos, Fremont, CA, 94539-5151 PHONE: 5106561154 OWNER: Alfred &Nancy Confenti ADDRESS: 1154 Vuelta Olivos, Fremont, CA, 94539-5151 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: A legal lot determination for a parcel in the Ben Culet Judgment Area. LOCATED: The parcel is located approximately 700 feet north of Galen Ridge Road (a private road). The nearest county-maintained road', Bald Rock Road,is located approximately 3,700 feet to the east. The parcel is located in Berry Creek. PROPERTY ZONED: U (Unclassified) GENERAL PLAN DESIGNATION: TM (Timber Mountain) TOWN/AREA: Berry Creek 1. Application accepted: 7/9/2008Amount: $50.00 Receipt#: P1124 2. Assigned To: Brett Walker .3. Comments sent to: Public Works Director, Environmental Health,Assessor, LAFCo,Agricultural Commissioner&CDF. 4. Sent to Inter-Departmental Review Committee (IDR): July 21, 2008 5. Status Letter sent to applicant: 6. Date scheduled for IDR: July 30, 2008 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 Mmlmis: 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 tte ty TIMuSNELCLING�DIRECTOR�P�CALARCO�SIO�IyIZejZ STANT Services o�uTrFo 7 County Center Drive o 0 Oroville,CA 95965 ° ° (530)538-7601 Telephone a o (530)538-7785 Facsimile y L 1114 � PROJECT INFORMATION Project# ET6ff-=0 AP LICANT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: ADDRESS: STREET,CITY,STATE,&ZIP CODE TELE HONE: 1154 Vu o-Tr- o1Uvo r- oP'r cA- 14539-SISI (5l o ) 5(o - 5- E-MAIL: FAX: OWNER'S NAME: TELEPHONE: Vt A/ -TRI T ) - ADDRESS: STREET,CITY,STATE,&ZIP CODE: 11'r'Y VUEL7A QLi UDS, PRr=A4QV t CA, 441r39 PROPERTY INFORMATION NAME OF PROPOSED PROJECT(if any) SITE SIZE(in square feet or acres) LOCATION OF PROJECT(major cross streets and address,if any) n)6,06 19C G ZONE u GENE��PLAN EXISTING LAND USE PROPOSEI Pt D LAND N �I�SEok.-I EXISTINiG`STRUCTURES(square feet) PROPOSED STRUCTURES(square feet) UNDER WILLIAMSON ACT CONTRACT 4 6- ri+- &kn-h.C,�( ❑Yes PtNo (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 XLEGAL LOT DETERMINATION ❑TENTATIVE PARCEL MAP ❑USE PERMIT BUTTE E]WAIVER OF PARCEL MAP I ❑MINOR USE PERMIT COUNTY ❑CERTIFICATE OF CORRECTION ❑COMMUNICATIONS FACILITY UP/MUP JUL 0 9 2008 ❑REZONE ❑VARIANCE DEVELOPMENT ❑GENERAL PLAN AMENDMENT ❑MINOR VARIANCE SERVICES ❑MINING AND RECLAMATION PLAN ❑LOT LINE ADJUSTMENT ❑DEVELOPMENT AGREEMENT ❑CERTIFICATE OF MERGER ❑OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size of parcels.) LO �� 7" ��✓1�T U� <► PAR-ccs �y A- Jr OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized,execute an affidavit of authorization and include the affidavit with this application.) DATE: G. /,�G/2D0 SIGNATURE: a&dZ1:2Z Ld42� �� .� �' _ � - ' i. c . " _ � � . .. — �---^ .. y AGENT AUTHORIZATION To Butte County,Department of Development Services: Print Name of Agent Phone Numb r 7 Mailing Address is hereby authorized to process this application on my/our property, identified County Assessors Parcel Number(s) This authorization allows representation for all applications,hearings,ap eals,etc. and to sign all documents necessary for said processing,but not including document(s)relating to record title " erest. Owner(s)of Record (sign and print name) Print Name t Name Signature Signature Print Name Print Name Signature Signature If Print Name of Applicant(if other than Iner) Signature of Applicant(if other than owner) Print Name of California Civil Engin er/Land Surveyor Phone Number Mailing Address Email Address I Revised 07/13/06 K:\Planning\FORMSWpplications\ProjectInfoForm_Agent_only.doc t '. 4 f }� 1 �� �! f A f'. L y f t 4 i � i' I 1 �� {� i f _ ,' �' t .• h �+ } T • • BUT U y 0 2008 JUL Butte County Department of Development Services JUL P NT ♦V T TF TSNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR SER CES o IM \� /� o y' )BUTTE o /` o 7 County Center Drive COUNT' Oroville,CA 95965 o 'e�>: �o (530)538-7601 Telephone JUL 0 g 2008 (530)538-7785 Facsimile DEVELOPMENT CSU Nty SERVICES LEGAL LOT DETERMINATION APPLICATION Applicant Name: 44,FRE QV)9AZ�Y CD/jpEAI T ( Project Number: lr LO 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. ❑ [El 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. the currently re ui e"-pplrca 'on ees. Make checks payable to "Butte C surer". Pu Ic a ailable under "Fees" at: ttp://www.buttecounty.net/dds/Pl annin�/ - Application fees are non-refundable. Applicant's Initials 4. ❑ Verification of ownership (e.g.,current vesting deed or current title report) Y 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. /;r OT 1 . F it •-q �.. r -� t f r �. .� ��:; � , Y ,� , ., �� � r .0 . � + � ,� � � . Applicant Plapittr 6. ❑ SITE 'PLAN: Twelve (12) copies of a detailed site plan, drawn to standard engineering scale (e.g,, V = 100'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on 8'7" 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. 0• ❑ [ ] Property lines,lot dimensions and any applicable easements of record or proposed. d. ❑ Dimensioned locations of existing and proposed public and-private improvements { on the property (including,'but not limited to, buildings,-roads, driveways, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage systems and lighting). Label all items shown on the map. e. ❑ Show private road access,if any,and route(s)to Che 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: 7 .3 — ..2©© S' Ai0plicant/RepresentaAe Signature: L [I,,hA Date: lanner Re•eiving Application K U'Jarmins\FORMSIAPPL ICAnONSU..egn1 t.ot DcleaMnation doe Revised 09/05/06 COU �� 2 DV 'LO jYl'f f �. '. , 1 1 � . j. I}� 1 r t � � � r � i rr• ,'l - rir a ' - r s, i•r � hi t � I � - � �J .i' x RESOLUTION 08-51 ! A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET08-0004 WHEREAS, the Planning Commission has considered Legal Lot Determination DET08- 0004 for Alfred & Nancy Confenti, in accordance with Chapter 20, Section 160, Article VII, Violations and Certificate of Compliance, of the Butte County Code on Assessor's Parcel Number 062-390-010;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 October 9,2008; and WHEREAS,the Planning Commission has considered a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED,that the Planning Commission: L Finds this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under 14 CCR Section .15.303. Section 1530.3 exempts limited uses including one single-family residence and a second dwelling unit, a store, motel, office, restaurant or similar structure not exceeding 2,500 square feet in floor area and not involving substantial amounts of hazardous substances, utility improvements, and accessory structures,amongst other exemptions. 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-- 11. Makes the following findings and approves Conditional Certificates of Compliance DET08-0004, with the conditions set forth in the attachment (Exhibit A) to the resolution. A. At the time of the creation, the parcel size of approximately ten acres was in conformance with the A-2 (Agricultural) zone and consistent with the land use designation of Open Area Forestry and Grazing, as identified on the 1966 General Plan Map. B.. The parcel is not consistent with current zoning of U(Unclassified)zone.The parcel is not consistent with the current land use designation of Timber Mountain. C.. The Conditional Certificates of Compliance for the parcels will not be detrimental to the health,safety and welfare ofthe surrounding area. Page I of'3 DULY PASSED AND ADOPTED this 9"' day of October,2008, by the following vote: AYES: Commissioner's Lambert, Leland, Marin,Nelson, and Wilson NOES: None ABSENT: None ABSTAIN: None HARREL WILSON, Chair Planning Commission . County of Butte, State of California ATTEST: INA BONHAM, Secretary Planning Commission County of Butte, State of California Page 2 of 3 EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance,APN 062-390-010(DET08-0004): 1. CONDITIONS OF APPROVAL: 1. Prove that adequate quantities of domestic water for a single family residence are available to the parcel. 2. Prove that adequate sewage disposal area for a single family residence exists on the parcel. 3.. Provide evidence that there is adequate useable sewage disposal available to property in accordance with Appendix VII of the Subdivision Ordinance Improvement Standards. 4. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 5. 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. 6. Pay the recording fee in effect at the time the Conditional Certificate of Compliance is recorded. 7. 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. Ir the application is not appealed,this condition is deemed satisfied. H. NOTES TO BE ADDED TO THE(CONDITIONAL)CERTIFICATE OF COMPLIANCE: 1. Construction, installation,or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safety Regulations — Public Resources Code 4290, 4291 and current Butte County Improvement Standards,whichever-is stricter. 2.. Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NEPA 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. 3. 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 within 150 feet of all structures. 4. 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.. 5. 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 than 3-acre conversion exemption permit or a timber harvest plan. Page 3 of 3 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,DET08-0004 OCT 13 2008 Assessor's Parcel No.: 062-390-010CAtdDAC U riES, ;�E CO.CLERK Applicant Alfred & Nancy Confenti kM_DEPUTY 1154 Vuelta Olivos Fremont,CA 94539-5151 Project Location-Specific: The parcel is located approximately 700 feet north of Galen Ridge Road. Bald Rock Road is located approximately 3,700 feet to the east. The parcel is located in Berry Creek, CA. Project Location-City: Berry Creek, unincorporated area Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: A legal lot determination for a residential use. 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: 15305 Statutorily Exempt — 15274(a) Reasons why project is exempt: Minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. Contact Person: Brett Walker Telephone: (530) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: a�6,JIQa Charles ThistlethwaitY ate Planning Manager, Development Services �,.y � ., !.�..o � � � f'y � ..,.�2 i �`, v,,� ��� t i �.^'t,._ ._ .� � s DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Alfred&Nancy Confenti 1154 Vuelta Olivos Fremont,CA 94539-5151 FILING NO. Project Title/File Number: LEGAL LOT DETERMINATION,DET08-0004 APN: 062-390-010 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 $1,876.75 State Filing Fee $50.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $2606.75 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) 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: October 9, 2008 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. { COUNTY OF BUTTE E AUDITOR'S CERTIFICATE AND TRt-ASURER'S RECEIPT OROVILLE,SCA r ATR NO 37159 RECEIVED FROM PLANNING DAG# 330 DATE 711012008 FUND FUND DEPT ACCT CASH DESCRIPTION INV0 TITLE CODE CODE CODE CODE AMOUNT DEPOSIT"DATE: 7119 RECEIPTS: P1124 -Pii25 RECEIVED ON- 71 L D.O.T. ALUC PLANNING GENL 0010 440MI 101801 1,760.90 NODMOE CLERKS FILING FEE GsENL 0010 : 47 1 461-19 IM01 50.0 M501 Proiect Number Amount of Fee DE 66-00"04;ALFRED fi NANCY COlyFEN i 1;APN 062-3^vu-"uiu $ 60.00 TOTAL $ 1,010.90 APPROVED BY: RI=.CEIVED BY: AUDITOR-CONTROLLER TREASURER .ite--tmasurer pint—,—auditor canary--depositor gulden rod--file LL l i BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT— October 9, 2008 Applicant: Alfred &Nancy Confenti Location: Approximately 700 feet north of Galen Ridge Road and Owner: Same 3700 feet west of Bald Rock Road, in the community of Berry Creek. File#: DET08-0004 Supervisor 1; Bill Connelly District: Request: Legal Lot Determination/ Project Brett Walker (Conditional) Certificate of Planner: Associate Planner Compliance G.P.: TM (Timber Mountain) Zone Date 1/6/1987 Zoning: U (Unclassified) Parcel Size: 10± acres APN: 062-390-010 Attachments: A. Resolution with Exhibit A B. Creation Deed dated August 25, 1967 C. Site Plan D. General Plan/Zoning Map STAFF COMMENTS: The subject property was originally created on August 25, 1967, contrary to the Butte County Subdivision Ordinance; it is located in a Ben Culet judgment area. The parcel requires a Certificate of Compliance, prior to the issuance of any development permit. Staff recommends approval of this request for a Legal Lot Determination/Conditional Certificate of Compliance with findings and conditions. ANALYSIS: • The subject property was originally created on August 25, 1967, contrary to the Butte County Subdivision Ordinance; it is located in a Ben Culet judgment area. • The parcels require a Certificate of Compliance,prior to the issuance of any development permit. • The parcel was zoned A-2(Agricultural)at the time of creation(Ordinance 937,June 20, 1967). The A-2 zone did not establish a minimum parcel size, other than the County minimum of 8,125 square feet when a septic system was utilized. ■Butte County Department of Development Services■ 1 ■October 9,2008 ■Confenti DET08-0004 ■Page 1 of 6 ■ • The property was designated Open Area Forestry and Grazing by the 1966 Butte County General Plan. There was not a specific minimum parcel size or density requirement associated with the designation. • At the time of creation, the parcel conformed to the A-2 (Agricultural) zone minimum parcel size requirement noted above,and was consistent with the land use designation of Open Area Forestry and Grazing. . • The parcel is not consistent with current zoning of U (Unclassified)zone,which requires a twenty (20) acre minimum parcel size. • The parcel is not consistent with the current land use designation of Timber Mountain,which requires a forty(40) acre minimum parcel size. • Future subdivision of the parcel is not feasible under existing zoning due to the existing lot size. • The site does not have improved access._ • The project was reviewed by the Butte County Public Works Department, Environmental Health Division, Cal-Fire/Butte County, Agricultural Commissioner's Office and the Assessor's Office. CEQA ISSUES: This project has been determined to be categorically exempt from the California Environmental Quality Act(CEQA)provisions under Public Resources Code Section 15303.This section exempts limited uses including one single-family residence and a second dwelling unit. Construction of a single family residence and a second unit assumes the construction of a driveway to serve the home site. Grading above the established threshold,currently 1,000 cubic yards,would require a grading permit and with it CEQA review. If a grading permit is required, then review pursuant to CEQA will also be required at that time. If access can be achieved without substantial earth work necessitating a grading permit,then construction has been found to be consistent with the exempt activities under Public Resources Code Section 15303. ■Butte County Department of Development Services■ 2 ■October 9,2008 ■Confenti DET08-0004 ■Page 2 of 6 ■ RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET08-0004 WHEREAS, the Planning Commission has considered Legal Lot Determination DET08- 0004 for Alfred & Nancy Confenti, in accordance with Chapter 20, Section 160, Article VII, Violations and Certificate of Compliance, of the Butte County Code on Assessor's Parcel Number 062-390-010; 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; j and WHEREAS, a public meeting was held on October 9, 2008; 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 14 CCR Section 15303. Section 15303 exempts limited uses including one single-family residence and a second dwelling unit, a store,motel,office,restaurant or similar structure not exceeding 2,500 square feet in floor area and not involving substantial amounts of hazardous substances, utility improvements, and accessory structures, amongst other exemptions. 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 Certificates of Compliance DET08-0004, with the conditions set forth in the attachment (Exhibit A) to the resolution. A. At the time of the creation,the parcel size of approximately ten acres was in conformance with the A-2 (Agricultural) zone and consistent with the land use designation of Open Area Forestry and Grazing,as identified on the 1966 General Plan Map. B. The parcel is not consistent with current zoning of U(Unclassified)zone. The ■Butte County Department of Development Services ■ 3 ■ October 9,2008 ■Confenti DET08-0004 ■Page 3 of 6 ■ parcel is not consistent with the current land use designation of Timber Mountain. C. The Conditional Certificates of Compliance for the parcels will not be detrimental to the health, safety and welfare of the surrounding area. DULY PASSED AND ADOPTED this 9h day of October, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: HARREL WILSON, 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■ 4 ■October 9,2008 ■Confenti DET08-0004 ■Page 4 of 6 ■ EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance,APN 062-390-010(DET08-0004): I. CONDITIONS OF APPROVAL: 1. Prove that adequate quantities of domestic water for a single family residence are available to the parcel. 2. Prove that adequate sewage disposal area for a single family residence exists on the parcel. 3. Provide evidence that there is adequate useable sewage disposal available to property in accordance with Appendix VII of the Subdivision Ordinance Improvement Standards. 4. Provide two-way traversable access to the parcel from a publicly maintained road or j state highway as defined in the County Code. 5. 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. 6. Pay the recording fee in effect at the time the Conditional Certificate of Compliance is recorded. 7. 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. II. NOTES TO BE ADDED TO THE(CONDITIONAL)CERTIFICATE OF COMPLIANCE: 1. Construction,installation,or development of buildings and/or roads,driveways,gates and bridges on parcels/lots shall comply with the latest California Fire Safety Regulations — Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. 2. 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. 3. 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 within 150 feet of all structures. 4. 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. 5. 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 than 3-acre conversion exemption permit or a timber harvest plan. ■Butte County Department of Development Services ■ 5 ■October 9,2008 ■Confenti DET08-0004 ■Page 5 of 6 ■ i ...I... ... ................................................................... �Ourn to 0 C.!1,L R,;'_U 0)I'- BUM eZ, -------- .........77..................................................... 11 0 L:5 L J L, BUTTE 'vP' 44 -Ir n1 M2 COUNTY .................. ...................... ........................................ JUL 0 9 2008 j7 �NT ................ . . ....... ......................................... DESTI J�f AJ4 C uqviy SEMC T- bi5 eeb of Trtt5t, Made this 24th day of July 1 1967 Wrloren James A. Braun and Claudia B. Braun, husband and wife herein called TRUSTOR. ......... . ....... ..... ........... ................... .. ..... ................. ........................... ................................... .......... I - i,UTTE COUNTY TITLE COMPANY, a corporation, herein called Trustee, and Wiley Hatter'f and ft)ary Hatter,? husband and, wife as Joint Tenants herein called BENEFICIARY, kT7 i.r,c.-5qe44: That Trustor irrevocably GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, ,xrri i l"MVER OF SALE, that property in the...... .............................. .......................... ...... ............. ......................................... ,._c,unty of.. . .... ... ..........Uu.t.-Le....................11.............. ...... ..............,State of California,described as: The East half of the West half of the S01.1theasL quarter of the Northeast quarter of Section 13, Township 21 North, Mange 5 East, it).D.B. US' M. EXCEPTING TlIEREFROM 1/2 of all the Water Rights, together with the right of ingress and egress Lo said waLer rights. !iESERVTNG THEREF101.1 a righL )f M*1 y i.017 YOWI I)LIQ.)OSCS over the North 60 feet and the South 60 feet of the above described property. TOGETHER WITH A RIGHT OF WAY for road purposes over a strip of land 60 feet in width, the centerline of which is described as follows: Commencing on the western line of the parcel of land described in the deed 9__Pprk-in. recorded October 17, 1966 in Book 1447 Le of Offjcialr:R cords. page 281, ,Butte County Records, distant thereon South 000 15' 42 ta s t 309.99 feet from the northwestern corner thereof; thence from said point of-onferred commencement, the following courses and distances: North 410 401 00" Easl.,, profits, 129.29 feet; North 860 391 30" East, 209.90 feet; North 560 09' 30" East, 177.69 feet; North 330 47' o'30" West, 160.52 feet and North Dollars. to the northern line of said180 201 30" East Parkin parcel (1447 OR 281) and the actual ssors or point fit of'beginni.ng.,�6f •this description; thence .from s'aid. point of begi.nning, it there- in said S to''a point w" 'ich b6irs S' to recit- . -Noir-th�-180 Lu South 180-201 0 pz. L LV Ll-- - - - 11 in yt,y is secured by this Deed of Trust. It A -L---- .L_. J-- f�t ST. TE, OF CALIFORNIA CO NTY OF BUTTE SS. On this -22nd day of -'LuUst in the year 19;'7 before me �! inad personally appeared jrj - - B. L. Cii1et known to me to be the person whose _--b-s-C rl 6_64i name is su to the _Vwdthln ins Lrument as a witness thereto, who -being by me duly sworn, deposed and said; that he resides at anvii-le .........._.... . . West, 97.97 feet •in the Northwesterly terminus o he nreceeding�course- w of North 3" 47' 114est, 160:52 feet, thence Nort,. 460' 14' 00" East, 169.01 feet to a point designated as R16P thence from R16, North 70 55' 30" West, 481.52 feet:; thence North 750 53' 30" East, 3 '' t1-,-..n i, . North 411 27' 30" East 7606-: f us°, .��7._0 feet'; .. eet; thence North 10 00 00 East, 71 ,60 .feet. Beginning at the point designated as R16, thence from said point 0 ginning, North 200 21' 00" ]Vest, 218,61 feet; thence north 60° 0+)' West, 121.61 feet; to a point to be 1:nocvn as R16-2; thence :'North b2� 412' 00" Ilest, 272.03 feet; thence North 5° 24' 00" West, 207.41 fef:t; thence North 18° 32' 00" East, 169.48 feet; thence North 261 34' 53" East, 216,42 P;� _t 570 n1 ' On" 1 CC 1,j bii,moi,�;v �.�-,�; (SO t/l� !1(1�� G'..nt 1?O L,� fnc,+. }hnnrn C.!1t+t)? , East, 194°93 feet. Beginning at the point designated as R16-2; thence from said point of beginning, South 1.40 40' 00"' East, 113.19 feet; thence South 6° 48' 53" West, 12985 feet ALSO TOGETHER WITH a right of way for road purposes over a strip of land 60 feet in width situated in the Nor.thx�rest quarter of the Southeast quarter of Section 13, Township 21 North, Range 5 East, the..cen�ter line of !-11: ch is lescr�u�:r as lollotqs: Nc hr,r :d Commencing., at R16, as designated in that certain Deed .from Paul G. Delnista, et al, to Ben Culet, et al, dated July 20, 1967 and recorded July 24, 1967 in Book 1479 of Butte County Official Records, at page 661; thence North 70 55' 30" West, 481..52 feet; thencr-> Nnrth 751 5 East; �i17�20 feet; thence Nm•+-1, M' 7; iv.v,J ii.i L; Lh(Nnc.e North 100 East, 71.60 Leet to tine point of beginning for said c,.nt..r . ._, thence North 29° 50' 23" East, 63.13 feet; thence North 490 10' 23" East, 60,13 feet; thence North 220 22' 2.3" East; 52.61 feet; thence North 81 27' East, 13344 feet.; the.nce Noi:th 1.01) 02' 37" West, Q0.26 fret; thenc,: North 1.90 01 ' 23" East to a point on the North line of the Southeast j,,,,rCi:r of said Section 1' and the enc; oJ.f said center 1.in ?;::. �6 :1USO 'T0*.',ET11Efi WITH a right of: I.,,ray for road pill.-poses ov, r thef.ol lor!int; .i�:sc� property: Th;, East 30 feet 01' the Southwest quarter of the Northeast quarte. anti the, :fest 30 feet of the Sout.honst. minrtr„ of tb, r1�!?rYl:n:.,•. :i,,^rie' .� the North 60 feet anil the South 60 feet of the West half of the r;::st ]Waliof the Southeast quarter of the Northeast quarter, all in Section 13, Township 21 North, Ranqe 5 E,t., n.^,r, c. m. ALSO TOGETHER IVTTH a non-exclusive easement for road and public utility purposes to be used in common with others.over all that real property more particularly described as follows: A portion of the East half of the Southwestq uarter of Section 13, Township 21 North, Range 5 East, M.D.B. & M. , described as follows: A right of way (not to be exclusive) as an appurtenance to the lands of the grantees, for use as a roadway for vehicles of all Unds, nedos- trians, animals and as a right of way for water, past o.il and sewer.._p.ipe_...... .. .. ,i;,es and for telephone, electric light and power lines, together with the necessary poles or conduits to carry said lines over, finder and upon a strip of land 60 feet in width, the Northwestern line of which is 60 feet, right angle measurement, from the Southeastern line thereof, which South- eastern line is described as follows: Beginning on the Southern boundary line of said Section 13, at the South- eastern line of the parcel of land described in the Deed. to Charles Dobson, '.iilr::; ':Z24! fur Loi= one, electric light and ponver lines, together with the necessary poles oAW)nduits to carry said lines ov. under and upon strip of land 60 feet in width, the Northwestern li. of trhich is 60 feet, right angle measurement, from the Southeastern line thereof, which South- eastern line is described as follows: 3-y:inr,ing on the Southern boundary line of said Sectioi? 1"3, it. the South- eastern line of the parcel of land described in th:_ Deed t.o Chnrles Dobson, et ux, recorded December 16, 1966 in Look 1453 of Butte County Official .Records, at page 571:_...thence frorr, s-i`? p0-int O i)(i�'.'.ail l?�'!; alonCj said Southeastern line, the following ;,nurses and distances; North 39° 51' '?8" East, 133.24 feet; North 58° 04' 03" East, .144.70 feet; North 40 14' 08" East, 105087 feet; North 43° 35' 58" East, 130e22. feet; North 141 04' 08" East, 153026 feet; North 531 51' 54" East, 125,69 feet; North 630 00' 23" East, 14300 feet; North 331 10' 42" East., 138,39 feet; and North 611 14' 56" East, 129.22 feet to an angle point in the exterior line of said Dobson parcel (Book 1453 of Official Records, at page 571, aforementi.onc:l) . It is understood and agreed that there is a first trust deed on the above real property in favor of Armin Specicert with a balance -of and calhich interest paid to v4'11ich beneficiary agrees to pay, and in the event o_" fai.lurc of the enc`'i.ci2;ty sLicii !)0:)' iCnt s, trvsv)^ s ?1aV priv same and all, amounts so paid shall e c edited on the note her.e!;y secured. a •................. ; ". .. ......... e ... ............... �._ ................... .......... ..................... -- : -2-854 ...... :' :' •----•. .....--'2900 ............................. co, �• ----------- J50.-- C) ------------------------ N : 3flfla .................... ..... ......... BUTTE C�Dul y JUL 0 9 2008 3DEVELOYM SERVICES ---------- Q% en - Ria_,e Rd . -- °o. - - ;: tt - ........... ...... VICINITY MAR r _...:..; ' Project Location \ 01 ;'( j• /.:tea, ��• � �% �:`—'" / j � t ( •..�:�, � 1 `- `\ .� .•� '�. is m a r' ) •'\ , jam. t \ \ YDS"4, � 'tr..� R., •.��� J e / I / ./... �' ate' \: _ �y"y1 ..T— �N�e3 Y ./' •t Y :•.i ....� ? r 1. �_• .\` ! '•-� 1 DET 08-0004 062-390-010 , n llH_C ��' ��'' TPZ-160 160 U j i Project Location '\\\- I / U —� 1 Ga1ef�Rla�e Rei / i II 111 U 1,300 650 0 1,300 2,600 3,900 5,200 6,500 7,800 9,100 10,400 11,700 Feet BUTTE COUNTY PLANNING COMMISSION N Applicant: Alfred&Nancy Confenti Owner: Same W E Hearin Date: October 9,2008 @ 9:00 a.m. Existing Zone: U Unclassified S Request: Supervisorial Legal Lot Determination for a parcel located within the Ben Culet Judgement Area. District#1 Assessor Parcel No: 062-390-010 File: DET 08-0004 ! I Confenti DET08-0004 Legal Lot Determination APN 061-320-028 Zoning/Land Use Map -Zoning is U (Unclassified); General Plan is AR (Agricultural Residential) •10t acres -Approximately 700 feet north of Galen Ridge Road and 3700 feet west of Blad Rock Road, in the.community of Berry Creek. / -Located in the Ben Culet judgment area. 0 BUTTE cou:\TY PLA Nw%c co-mus m �lepllmD®romEa�pzel lo[ndviGW Ea Bm[vinAiy}mwMu �' A::enn hrt.l'a:3M'MU010 Fw:D.Lu-0OW 1 f' ,; �•ti � ',i �i i t, te,�'�'•t`tom`t- F, � j�• Lx.1���", IfIdi-ILE pap CONFENTI Vit:. � t't„ 1 <�Y;�!! Staff Recommendation: • Find that the project is categorically exempt to CEQA under Section 15303. • Approval of a Legal Lot Determination/Conditional Certificate of Compliance with findings and conditions. 3 Butte County Department of Development Services 0 %3TrF0 TIM SNELLINGS, DIRECTOR PETE CALARCO,ASSISTANT DIRECTOR o o o o 7 County Center Drive o 0 Oroville, CA 95965 0 '- " ` o (530) 538-7601 Telephone cDUN'�y (530) 538-7785 Facsimile www.buffecounty.net/dds ADMINISTRATION" BUILDING* PLANNING July 21, 2008 TO: FILE COPY FROM: Brett Walker, Butte County Planning Division j SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Alfred & Nancy Confenti, DET08-0004 APN: 062-390-010 DATE OF Inter-Departmental Review: July 30, 2008 IDR RESPONSE REGARDING July 28, 2008 COMPLETENESS OF APPLICATION DUE BY: AGENCY/DEPARTMENT August 14, 2008 CONDITIONS/1VIITIGATION MEASURES DUE BY: 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 July 30, 2008, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: A legal lot determination for a parcel in the Ben Culet Judgment Area. The parcel is located approximately 700 feet north of Galen Ridge Road (a private road). The nearest county-maintained road, Bald Rock Road, is located approximately 3,700 feet to the east. The parcel is located in Berry Creek.. COUNTY SUPERVISOR DISTRICT NO.: 1 st ZONING: U (Unclassified), GENERAL PLAN: TM(Timber Mountain) If a response cannot be submitted prior to the due dates listed above, please call Brett Walker at (530)538-7541 or send him an email at jbwalker@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. Please return response to project planner. IDR COMMITTEE —APPLICATION COMPLETE ❑ No Name: Date: ❑ Yes Name: Date: G:\PROJECTS\Trakit Merge Documents\DET\REQUEST FOR COMMENTS.doc LEAD IN SHEET & COMMENT DISTRIBUTION LIST FILE NO: DET08-0004 •APN: 062-390-010, APPLICANT: CONFENTI ALFRED &NANCY OWNER: CONFENTI ALFRED &NANCY ENGINEER/AGENT: <undefined value> PROJECT DESCRIPTION &LOCATION: A legal lot determination for a parcel in the Ben Culet Judgement Area. The parcel is located approximately 700 feet north of Galen Ridge Road (a private road). The nearest county-maintained road, Bald Rock Road, is located approximately 3,700 feet to the east. The parcel is located in Berry Creek. SIZE: SUPERVISORIAL DISTRICT: 1 EXISTING ZONING: :U (Unclassified) GENERAL PLAN DESIGNATION: TM ASSIGNED PLANNER: Brett Walker Date Application Received: 7/9/2008 Date Project Assigned: IDR Date: 30 Day Complete: Tentative Hearing Date: COMMENT DISTRIBUTION LIST County Offices and Cities: Environmental Health ❑ County Counsel ❑ BCAG N—LAFCo ❑ City of Biggs ❑ ALUC �® Agricultural-Commissiqn er ❑ City of Chico ❑ APCD Public=Works/Land_Dev ❑ City of Gridley ❑ Butte Co. Farm Bureau 1Z Assessor_'s_Offce-Mapping ❑ City of Oroville ❑ Chico Airport Commission ❑ Planning Division'Staff ❑ Town of Paradise ❑ Chief Administrative Officer ❑ Building Manager ❑ ❑ Fire Protection: �Z—CaIF_ir� ❑ 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 ❑ Utilities: ❑ PG&E North& South-Chico ❑ AT& T ❑ Irrigation District: ❑ Biggs/West Gridley Water ❑ Durham Irrigation Dist. ❑ Paradise Irrigation Dist. ❑ Richvale Irrigation Dist. ❑ Table Mountain Irrigation Dist. ❑ Sewer: ❑ LOAPUD ❑ Sterling City Sewer Main ❑ Skansen Subdivision(CSA 21) ❑ City of Chico(Sewer) ❑ City of Oroville(Sewer) ❑ SCOR Drainage Districts: ❑ Sacramento & San Joaquin ❑ Drainage District 200 ❑ Reclamation District No. 833 Drainage Dist. ❑ Reclamation District No. 2054 ❑ Reclamation District No. 2056 ❑ State Agencies: ❑ CalTrans ❑ Dept. of Water Resources ❑ Dept. of Fish& Game ❑ Dept. of Conservation ❑ ❑ Federal Agencies: ❑ U.S. Forest Service ❑ U.S. Bureau of Land ❑ EPA Management ❑ USFWS ❑ Army Corp. of Engineers ❑ Other Districts,Agencies, Committees: ❑ ❑ ❑ G:\PROJECTS\Trakit Merge Documents\Drafts\Lead In Sheet&Comment Distribution List.doc s • . RECORDING REQUESTED BY OFFICIAL .R;:t,QR��S c3l!TT COUP':.1,_CIaL� AND WHEN RECORDED MAIL TO I F NAME KAY Y 41 ADDRESS ALFRED E•CONFENTI LOUISE KLU,[K:EH 90F;P', .II54 VUELTA OLIVOs COUNTY WOR"DEfi CITY& FREMONT CA 94538 STATE L I ru Title Order No. Escrow No. J 26297 SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO FDocumentary transfer tax$.......................... NAME A}1 ggd CO eri ll ❑ Computed on full value of property conveyed, or ADDRESS 1 4 Vue� a livos ❑ Computed on full value less liens and encumbrances Fremont,Calif. remaining thereon at time of sale. CITTA TE& STAL 94538 J S Signature of declarant or agent determining tax—firm name 3inbibibua l yutnt Tenaucp ;Dreb WESTERN TITLE FORM NO. IOS I FOR VALUE RECEIVED, JAMES A. BRAUN and CLAUDIA B. BRAUN, his wife I GRANT to ALFRED CONFEi1TI' and •.�;ANCY CON-FENTT', 'husband and wife as JOINT TENANTS all that real property situate in the unincorporated area County of' Butte ,State of California,described as follows: The East half of the West half of the Southeast quarter of the Northeast quarter of Section 13, Township 21 North, Range 5 East, M.D. B. & M. BUTTE Y. COUNTY JUL 0 9 2008 DE VERVI mEN 1 This is a deed in lieu of foreclosure, therefore no transfer tax required. Date�1 1974 James A. Braun Claudia B. Braun STATE OF CALIFORNIA County of a lameda } ss. On April 2 7 19 74 ,before me,the undersigned, a Notary Public, in and for said State,personally appeared_ FOR NOTARY SEAL OR STAMP James A. Braun & Claudia B. Braun known to me to be the person—s whose name s are subscribed to the within instrument,and acknowledged to me that h'ItFlC i/.'.31:AE. the—Y executed the same. ' Q - {rotary Pnblit.- A LAMEDA C0i)NTy ", c �xireC New. 'r `:amrttiseia3i ary Public John J. Barni, Jr. ,v MAIL TAX STATEMENTS AS DIRECTED ABOVE ;Wn nF n0CUMENT 1_ ti111CU d11U aalll:y 1.U11LCllu.L WHEN RECORDED, MAIL THIS ___._..., ........... AND TAX STATEMENTS TO: 96-025007 , Rec Fee 9. 00 r I Check 9. 00 Alfred and Nancy Confenti Recorded I 1154 Vuelta Olivos Official Records I Fremont, CA 94538 County of- I L Butte I Candace J. Grubbs I Rec -....:.... 1. _ 9:26am 2-Jul-96 I PUBL XX 2 GRrA%NT SEED The undersigned grantors, declares(s) : Documentary transfer tax is $ 0.00. "Not Pursuant to Sale" ( ) Computed on full value of property conveyed, or ( ) Computed on full value less value of liens and encumbrances remaining at time of sale. (X) Unincorporated area of Butte County Tax Parcel No. : 062-390-010-000 BY THIS INSTRUMENT, dated June 25, 1996, ALFRED CONFENTI and NANCY CONFENTI, husband and wife, hereby GRANTS to ALFRED E. CONFENTI and NANCY CONFENTI, as Co-Trustees of the ALFRED AND NANCY CONFENTI LIVING TRUST, dated June 25,1996, the following described real property in the County of Butte, State of California, described as follows: -The--East• half.of,the..-West:,naif of.the 'Southeas.t quarter .of-.the Northeast.quarter of Section 13, Township 21 North, Range 5 East,_M.D.B & M. Dated this 25th day of June, 1996 . ALFRLrD CONFENTI i4ANCI CONF NT BUTTE COUNTY JUL 0 9 2008 DEVELOPMENT SERVICES STATE OF CALIFORA ) ) SS. COUNTY OF ALAMEDA ) On this 25th day of June, 1996 , before me, the undersigned Notary Public, personally appeared ALFRED CONFENTI and NANCY CONFENTI personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names . are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed `the instrument . WITNES my han and official -seal . P ;.� Darlene N. Cronin mmVComm. #994481 'NOTARY PUBLIC•CALIFORNIAAy, ALAMEDA COUNTY {� Comm.EXOMS July 9, 1997 otary Public in and for said County and State t• `; USDA - Plumas National Forest Count Of But 159 Lawrence St, , Box 11500 fo CE J. GRUBBS f Quincy, CA 95971 Recorder = i i Vickie AND WHEN RECORDED MAIL TO: 01:380M 17=Aug-19985 i Page 1 of 3 Alfred Confenti 1154 Vuelta Olivos Fremont, CA 94539 REAL PROPERTY TRANSFER TAX $ N/A DECLARED: BY AND FOR: UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE QUITCLAIM DEED THIS QUITCLAIM DEED, made this 0� day of _,414Y 19.98, between the United States of America, acting by and through the Forest Service, Department of Agriculture, hereinafter called Grantor, and: ALFRED E. CONFENTI and NANCY CONFENTI, as Co-Trustees of the ALFRED AND NANCY CONFENTI LIVING TRUST, dated June 25, 1996, hereinafter called the Grantees, in the real property described below: WITNESSETH: The Grantor is authorized to convey all right, title, and interest of the United States in and to certain National Forest System land, located in the Plumas National ForestPursuant to Division I Title Ii Sec. 209 of the Omnibus Parks and Public Lands Management Act of 1996 (P.L. 104-333) , the provisions of which have been met; NOW THEREFORE, the Grantor, subject to the conditions of transfer identified above and without consideration, does hereby transfer, . remise, release, and quitclaim unto the Grantees, their successors and assigns all its right, title, and interest, in and to the real property situated in the County of Butte, State of California, described as follows: FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF F BUTTF, COUNTY JUL 0 9 2008 DEVELOPMENT SERVICES - • ERHIBIT "A" DESCRIPTION Mt. Diablo Meridian, California T. 21 N. , R. 5 E. , sec. 13, lot 3 Subject to a mineral reservation in favor of Swayne Lumber Company as set forth in that deed to .the United States recorded on July 8, 1931 'in Volume 71 at page 466 of the Official Records of Butte County, California. According to..the Official Survey thereof, approved September 13, 1993, executed by the Bureau of Land Management in conformance with Special Instructions for Group 1128. Comprising an area of 0.15 acres more or less. This description was compiled or abstracted from the above referenced Official United States Survey residing in the Public Records of the United States maintained by the United States Department of the Interior, Bureau of Land Management, California State Office, at Sacramento, California. Description prepared by: a as L A p -- Carlton W. T p s % No;4679 LS 4679 lk ices 09/30/' r �. context, meaning, or 1111 eLIL UL LUC Government Code) ; nors it comprise a Lot Line Adjustment. The purpose and effect of this conveya1W is to RESTORE Grantee's parced land to the configuration, size, and location of record prior to the0everance of said parcel by the United States Survey of 1993, hereinafter referenced on Exhibit „A„ This quitclaim deed is subject to all valid existing rights and interests of whatsoever nature. IN WITNESS WHEREOF, the Grantor, by the Director, Lands and Minerals, Pacific Southwest Region, Forest Service, United States Department of Agriculture has executed this deed pursuant to the delegation of authority promulgated in Title 7 CFR 2.60; 49 F.R. 34283, August 29, 1984; FSM 5504.3; and R5 Supplement No. 5400-93-2. UNITED STATES OF AMERICA BY :6�% d — PHILIP 44. BAY ES Director, Lands and Minerals Pacific Southwest Region Forest Service United States Department of Agriculture ALL-PURPOSE ACKNOWLEDGMENT CERTIFICATE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO OnJC�..CA "JL before me, Shiretta Millender, Notary Public, personally appeared PHILIP H. BAYLES, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SHIRETTA MILLENDER �A Comm,#1121810 �' � ► J'6 NOTARY PUBLIC•CAl1F0RNIA � lCity& County of San Francisco Signature �� , .✓ w Comm, Expires Feb.26,2001 BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: Alfred&Nancy Confenti DATE: 7/9/2008 AGENT: APN: 062-390-010 FILE#: DET08-0004 PLANNER: Brett Walker PROJECT DESCRIPTION: A legal lot determination for a parcel in the Ben Culet Judgment Area. The parcel is located approximately 700 feet north of Galen Ridge Road(a private road). The nearest county-maintained road,Bald Rock Road,is located approximately 3,700 feet to the east. The parcel is located in Berry Creek. Required for all Certificates of Compliance: Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is$8.00 for the fust sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is$ .00 without conditions,$ .00 with conditions. This cost estimate is based on 1 page notification(fust sheet), pages(s)of legal description attached as Exhibit"A",and page(s)of conditions attached as Exhibit"B". Health Dept. Conditions: Prove that adequate quantities of domestic water for a single family residence are available to the parcel.. Prove that adequate sewage disposal area for a single family residence exists on the parcel. Provide a"will serve"letter from verifying the property is within their district boundaries and that they are willing and able to provide sewer service to the subject property. Provide a"will serve"letter from verifying the property is within their district boundaries and that they are willing and able to provide water service to the subject property. _ Provide evidence that there are adequate quantities of potable domestic water available to property in accordance with section 12 of y division Ordinance Improvement Standards. Ovide evidence that there is adequate useable sewerage disposable available to property in accordance with Appendix VII of the ision 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 requited. 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 c BUTTE COUNTY LEGAL LOT DETERMINATION/. CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: Alfred&Nancy Confenti DATE: 7/9/2008 AGENT: APN: 062-390-010 FILE#: DET08-0004 PLANNER: Brett Walker PROJECT DESCRIPTION: A legal lot determination for a parcel in the Ben Culet Judgment Area. The parcel is located approximately 700 feet north of Galen Ridge Road(a private road). The nearest county-maintained road,Bald Rock Road,is located approximately 3,700 feet to the east. The parcel is located in Berry Creek. Required for all Certificates of Compliance: Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is$8.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is$ .00 without conditions,$ .00 with conditions. This cost estimate is based on 1 page notification(first sheet), pages(s) of legal description attached as Exhibit"A",and page(s) of conditions attached as Exhibit"B". Health Dent. Conditions: Prove that adequate quantities 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 th 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 requited. 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 streef frontage. t 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 LLit 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. r i r BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: Alfred&Nancy Confenti DATE: 7/9/2008 AGENT: APN: 062-390-010 FILE#: DET08-0004 PLANNER: Brett Walker PROJECT DESCRIPTION: A legal lot determination for a parcel in the Ben Culet Judgment Area. The parcel is located approximately 700 feet north of Galen Ridge Road(a private road). The nearest county-maintained road,Bald Rock Road,is located approximately 3,700 feet to the east. The parcel is located in Berry Creek. 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$8.00 for the fust sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is$ .00 without conditions,$ .00 with conditions. This cost estimate is based on 1 page notification(fust sheet); pages(s)of legal description attached as Exhibit"A",and page(s)of conditions attached as Exhibit"B". Health Dent. 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 bekeet.6 O _ Verify legal access to theparcelfrom Provide documentation from the State Department of Water Resource Division of Parks and Recreation allowing the use of as access to the parcel. Fire Dent.: _ 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 Butte County Department of Development Services �V T TF TIM SNELLINGS,.DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR 0 0 0 0 7 County Center Drive o 0 Oroville, CA 95965 0 � `�-�= o (530) 538-7601 Telephone C�IVN'�y (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING October 9, 2008 Alfred&Nancy Confenti 1154 Vuelta Olivos Fremont, CA 94539-5151 Re: LEGAL LOT DETERMINATION,DET08-0004;APN: 062-390-010 Dear Alfred&Nancy Confenti: At the regular meeting of the Butte County Planning Commission held October 9, 2008, your request for a legal lot determination for the above-referenced parcel was approved with conditions. Should you desire to appeal any of the conditions imposed by the Planning Commission,you must do so in writing, prior to 5:00 p.m.,Friday, October 28,2008 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 15 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 project or proof of waiver of fees. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. Please take this document with the conditions and waiver to Public Works for further processing. Public Works is located at 7 County Center Dr., Oroville, CA 95965. Should you have any questions regarding this matter,please contact me at(530)538-7541 between 8:00 a.m. and 4:30 p.m., Monday through Friday. Sincerely, Brett�`1 r' Walker Associate Planner Cc: Public Works/Land Development EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance,APN 062-390-010(DET08-0004): I. CONDITIONS OF APPROVAL: 1. Prove that adequate quantities of domestic water for a single family residence are available to the parcel. 2. Prove that adequate sewage disposal area for a single family residence exists on the parcel. 3. Provide evidence that there is adequate useable sewage disposal available to property in accordance with Appendix VII of the Subdivision Ordinance Improvement Standards. 4. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 5. 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. 6. Pay the recording fee in effect at the time the Conditional Certificate of Compliance is recorded. 7. 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. Il. NOTES TO BE ADDED TO THE(CONDITIONAL)CERTIFICATE OF COMPLIANCE: 1. Construction,installation,or development of buildings and/or roads,driveways,gates and bridges on parcels/lots shall comply with the latest California Fire Safety Regulations — Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. 2. 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. 3. 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 within 150 feet of all structures. 4. 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. 5. 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 than 3-acre conversion exemption permit or a timber harvest plan. Butte County Department of Development Services oUTrFo TIM SNELLINGS, DIRECTOR I PETE CALARC6,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o Oroville, CA 95965 (530) 538-7601 Telephone cOUN'�y (530) 538-7785 Facsimile www.buftecounty.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: 062-390-010, DET08-0004. APPLICANT/OWNER DATE Butte County Department ofDevelopment Services O�V T T�O Tim Snellings,Director O O O /� O 7 County Center Drive O -'-... s O Oroville,CA 95965 (530)538.7601 Telephone O O (530)538.7785 Facsimile COU Nt� ADMINISTRATION * BUILDING *PLANNING August 7, 2008 Alfred&Nancy Confenti 1154 Vuelta Olivos Fremont, CA 94539-5151 Regarding: Status of Legal Lot Determination DET08-0004; APN 062-390-010 Dear Applicants: On July 9, 2008 an application for a Legal Lot Determination was submitted to our office. On August 7, 2008, the application was deemed complete for further processing. I have attached all correspondences received from county departments and other agencies with jurisdiction. Please review the attached documents. The documents may include comments, recommended conditions of approval, and/or constraints on development. This notification is to comply with California Government Code §65943, which requires written notification of application completeness within 30 days of submittal. Should you have any further questions regarding this matter, I can be reached between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, at(530) 538-7470, or via e-mail at jbwalker@buttecounty.net. Sincerely, Brett Walker .Associate Planner Enclosures u T T *TTE COUNTY RECE114, Printed: 7/9/2008 0� '"'0 7 County Center Drive 3:29 pm ® ® Oroville, CA 95965 0 0 0 0 0 �0 OV N� Receipt Number: P1124 Permit Number: DET08-0004 Job Address: Applicant: CONFENTI ALFRED & NANCY Fee Description Account Number Fee Amount DPCR Record Fee Legal Lot Det/ 0010-470001-4612319-10101 $50.00 Total Fees Paid: $50.00 Date Paid: 7/9/2008 Paid By: CONFENTI ALFRED & NANCY Pay Method: Check 1828 Received By: MEM r �. " ..... . .................. 311 ft 00 .........2900... ..... �............ 295 CNN ;:' 440V V "3�5� UTTE . JUL 3�0 0 9 2008 DEVELorivitiN't 3� SERVICES ......... ----- ----- -- et ------ __. ------ Rd :; �`a�e Project Parcel. TM U ` BUTTE COUNTY JUL 0 g 2008 DEVEI.OYmEV'I SERVICES ---- Glen Ridge ----- Rd