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Home My WebLink AboutDET 07-0010_PLANNING SEPARATOR SHEET Aon 360 — oK PROJECT NUMBER � � or7 -0010 t DECLARATION OF FEES DUE f1 n (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT OCT 2 3 2007 NEIL E & CINDY ALLEN 2709 NW 140TH ST RU�STTE CO CLEK TTEVANCOUVER,WA 98685 �ABrAU.Ai DEPUTY FILING NO. Project Title/File Number: IEGAL LOT DETERMINATION,DET07-0010 APN: 066-360-041 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 g Handlin 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)#P493 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 16, 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. i °J 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,DET07-0010 Assessor's Parcel No.: 066-360-041 Applicant NEIL E&CINDY ALLEN 2709 NW 140TH ST VANCOUVER,WA 98685 Project Location-Specific: Pine Canyon Road Project Location-City: Magalia Project Location-County: Butte Description of Nature,Purpose and Beneficiaries of Project: Legal lot determination on+/-0.81 acre parcel in the AR 2 1/2 zone(4-14-98). 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(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: Steve Troester Telephoner (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 - A D Tj'.O1?'`'.F.s C<EffFiF1CATE AND a REAS RE.R'S PT OR'0Vi.K.LE, CA A NO 25472 RE-CENIFE)FROM PLANNING BAER 3€ 316 DATE rad241200 FUND FUND DEFFAC•C T CASH DESCRIPTION r g INWE 7 -,rLE GODS . :ODE CODE CODE AMOUNT– DEPOSIT RECEIPTS: P491 -P494 RECEIVED ON: 5 PLAN8 iNG ADPL. FEES GENL L-wo 94 1 4210 101601 3,439.00 LAND DEVELOPMENT a-E.I!L 0010 4�MEW 46117013 10=1 1,767.00 EWRCDNMENTAL 1.11...TH PH FURD € 21 540013 4614901 10001 1,3415.80 AGRICULTURAL FEES GENL 00io 46=1 i 461mw i01001 97.159 FIRE PLNG 00L'F'EE A. FIRC PROTECT . 0100 &N 1 4617240 '. MOM 175.20' 1 NODINOE CLERK's FILING FE GENL 0010 4711 46512319 101001 1iq4.00 ( ) Project Number Amount of Fee APN:055-M-:010:TSM CP"4;TAGGART � 14.00 APED: 072-200-041: LLA07-0020; RICHARD APN:065-360-063; DE 17-0011;ALLEN t $ 50.00 FISH & GAME FEES CLERWRECORD 1601 280 101146 i'sweb pwmn ) Project Number Amount of Fee APN:059,-310-Ci D-TSM 04-04;TAC-rz � 1,680.00 TOTAL $ O'no.50 APPROVED BY: RECEIVED BY: AUDITOR-CONTROLLER TREASURER By: � By: y white--treasurer pink=—auditor canary--depositor golden rod--file i, ��' i, ;x a ; } 31 � E :. l SA} --_ 40 0 r P r _. .. _.._...._.._.__..------------ - --- -- tea. - -- - - , . .e� : f 1 � 1 ' i5dd ' ._..i ` � 3� f .4.� , � Y � j -I-1 _ _ _�..i � j �_� .... .. _ ... ,� i�i � i Ji .rte . � � 81 : i E., i : � � � � � _ .. . _ _ .. _ ...... . � l .. . . _. ._ �,1 �. . e . . .. _ . . _ . ... .. .. .. .!_ . . . .. 9 )! �� i .odJ� �. /� �� ... !. 9 7 .. .. ... � . . � . moo'if 7�?' . . . . .. ,!� ,/l1 . . . %��" .. ... J .Z,J .�� b-2 �. I J C1 u i, c _-7tV f __. �� / ._.��__._.�__---_._.__.__._.__.._______--.� -v __--_.. . _______.__. ___---.__.'.__ _...._---___. - .___--__--__.__.. ____.__ __ _ .�_ ___._...�_._.___.._..__ __�._ _...�p��_.�-_2�__�'___._._..__�.._..---.._._�.�_ _.__�.__V�....�__. _.__�._ ___.___w.__ __�_.�______.�.______S�:�� .�. ...�� _�._..�.._:._,...__.�. ___�_�..__ _. Butte County Department ofDevelopment Services o OT rFo Tim Snellings,Director o O O o 7 County Center Drive O — Oroville,CA 95965 O '`�='~ r O (530)538.7601 Telephone (530)538.7785 Facsimile CO/,N�'� ADMINISTRATION * BUILDING * PLANNING June 25,2007 ALLEN NEIL E&CINDY, 2709 NW 140TH ST. VANCOUVER, WA 98685 REGARDING: "Incomplete" status of Legal Lot Determination DET 07-0010, APN 066-360-041. Dear Mr. and Mrs.Allen: Pursuant to Section 20-62 (1 and 2) of the Butte County Subdivision Ordinance and Section 65943 of California Government Code, Title 7, Division 1, the above referenced project was deemed"incomplete" on June 20, 2007. The Land Development Division of the Department"of Public Works is requiring.that you submit the following: 1. Provide creation document for APN 066-360-063 2. Provide 1435 OR 125. Please contact Eric Schroth, of the Land Development Division of the Department of Public Works should you have questions or require additional information on this determination at 538-7266. We must therefore declare that the project application is incomplete. This application will remain incomplete until'such time as the Butte County Land Development Division of the Department of Public Works receives and approves this 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) 538-7153, or via e-mail at stroester@buttecounly.net. i Steve Troester Associate Plannerr f CC: Forrest Lindgren 7020 Skyway Paradise, CA, 95969 l CC: Eric Schroth, of the Land Development Division of-the Department of Public Works i i' PROJECT SUMMARY SHEET FILE NO.: VET07-0010 PROJECT TYPE: LEGAL LOT DETERMINATION APN: 066-360-041 APPLICANT: ALLEN NEIL E&CINDY, ADDRESS: 2709 NW 140TH ST,VANCOUVER, WA 98685 PHONE: OWNER: ALLEN NEIL E&CINDY, ADDRESS: 2709 NW 140TH ST, VANCOUVER, WA 98685 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: This is a Legal lot determination on+/-0.81 acre parcel in the AR 2 1/2 zone. LOCATED: At the eastern terminus of Pine Canyon Road, 2.3 miles south from the intersection of Nimshew Road and Centerville Road. PROPERTY ZONED: AR 2 1/2 GENERAL PLAN DESIGNATION: AR TOWN/AREA: MAGALIA 1. Application accepted: 5/23/2007 Amount: $2,682.50 Receipt#: P493 2. Assigned To: Steve Troester 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): June 1,2007 5. Status Letter sent to applicant: 6. Date scheduled for IDR: 6/13/07 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: T 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 i ..._,, .dmk Alk Butte County Department of Development Services °�uTTF° TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR 7 County Center Drive o 0 Oroville,CA 95965 / ° _-- . . ° (530)538-7601 Telephone J ` c -"'s+ :- c (530)538-7785 Facsimile �► - y PROJECT INFORMATION Project# APPLICANT'S NAME: (kf applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: ADDRESS: STREET,CITY,STATE,&ZIP CODE TELEPHONE: a--70q rte - ILI0 r(A St-_ V•e,KCott vcr-, ItXh C1 F,5' ( 3&0 573 - 00 le O E-MAIL: FAX: OWNER'S NAME: TELEPHONE: WeN E- c n+�,r� l.- ,Arller� ('5(06) .573 00 ADDRESS: STREET,CITY,STATE,&ZIP CODE: 2,-70 cl W - 1`t(7 t-k J+-- i VeA vx it—o«V e v , w A - cl 8 (v 8 S PROPERTY INFORMATION NAMETF7 ,SROPOED PROJECT(if any) SITE SIZE(in square feet or acres) L? 1 /N — acrt LOCATJ,6N OF VIROJECT(major cross streets and address,if any) �;m s l�sw1 Rd_ piti'►t C�w o v, - J1J� �. i<<t CA— ONE GENE L P EXISTING LAND USE PROPOSED LAND US fR 93CI9TIVG STRU TURES(square f t) PROPOSED STRUC S square feet) UNDER WILLIAMSON A�CT.,'C'ON T 1 Yrs w 3—�j� s E3ACT LIQ (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER [� PROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION TYPE ❑ADMINISTRATIVE PERMIT ❑TENTATIVE SUBDIVISION MAP LEGAL LOT DETERMINATION ❑TENTATIVE PARCEL MAP ❑USE PERMIT ❑WAIVER OF PARCEL MAP ❑MINOR USE PERMIT ❑CERTIFICATE OF CORRECTION ❑COMMUNICATIONS FACILITY UP/MUP ❑REZONE ❑VARIANCE ❑GENERAL PLAN AMENDMENT ❑MINOR VARIANCE ❑MINING AND RECLAMATION PLAN ❑LOT LINE ADJUSTMENT ❑DEVELOPMENT AGREEMENT ❑CERTIFICATE OF MERGER ❑OTHER 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.) cc t t o4— 4�cn ►x i�et h�it�t '-�ir � g�e -Few,i I kivKt 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: 'l--L't-D7 SIGNATURE: /J -'e' - e S t ' F s , AGENT AUTHORIZATION -T Q � 00 (� To Butte County,Department of Development Services: Fo rvr,e i+ L►h d�, Ve h Ll Print Name of Agent Phone Number Mailing Address is hereby authorized to process this application on my/our property,identified as Butte County Assessors Parcel Number(s) W9 — 3L, 41 This authorization allows representation for all applications,hearings,appeals,etc. and to sign all documents necessary for said processing,but not including document(s)relating to record title interest. Owner(s)of Record(sign and print name) tv 1 A-c[-evi CINE L- au-elm Print Name Print Name Signature Signature Print Name Print Name Signature Signature Print Name of Applicant(if other than owner) Signature of Applicant(if other than owner) Print Name of California Civil Engineer/Land Surveyor Phone Number Mailing Address Email Address FORREST UNDGREN I Br6ker Associate 1 I (S30)877-6244 BUS.,(530)877-5460 FAX j (530)872-5407 DIRECT w forresdindgren@yahoo.com F ® ±2 L PONDEROSA / REAL ESTATE Q 7020 Skyway r MEach Office Is.lntlependently Paradise,CA 95969 Owned And operated. wwwparadisecoldwellbanker.com Revised 07/13/06 —' K:\Planning\FORMS\Applications\ProjectInfoForm_Agent_only.doc i t t {{ � l �� L 1 i t � f + { 1 i ' 4 T r� I'TE COUNTY RECEIP* Printed: 5/23/2007 0 ° 7 County Center Drive 1:28 pm ° 0 0 0 Oroville, CA 95965 0 0 o u114 Receipt Number: P493 Permit Number: DET07-0010 Job Address: 00 Applicant: Fees 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 DPFPP 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 DP Legal Lot Det/Cert of Compl 0010-440001-4210900-1010 $1,338.00✓ Total Fees Paid: $29682.50 Date Paid: 5/23/2007 Paid By: Neil Allen Pay Method: Check 1982 Received By: SNT NEIL E ALLEN - 1 1982 CYNTHIA L ALLEN - J 9-854/1250 3131`':.- 2709 NW 140TH ST = - .-? x8326248161 VANCOUVER,WA 98685-1870 - Date,-4.} - - Pay to the Orderof- Citi f{-2 (-,3 cc 1-+� �V'e4S u EV �- �I v� tog -S b (.l h CS` �1 R/.L h ++ � -- -0—tel. W , ` �.Y.� r- G �OL�•�ollar5 r2, L'•J:-oa.n.o... a.w ® Wells Fargo Bank NA Washington ° ,d '�•_. f , � E For L��e 1 t-�r• C]Q-kAkt.ks: `ui Fes. " = 1: 1 2 5008 54 74 8 3 26 248 16 111' 0 198 2 r Butte County Department of Development Services �uTTF TIM SNELLINGS,DIRECTOR PETE CALARCO,ASSISTANT DIRECTOR 0�\ 0 0 J��`„ i 0 7 County Center Drive 0 _ ,� o Oroville,CA 95965 0: 'a. '-. 0 (530)538-7601 Telephone m y CSU Nay (530)538-7785 Facsimile /J V (' 3 LEGAL LOT DETERMINATION APPLICATION ( E_ G K�-i�tg L_ A-ilevi PE TO Applicant Name: �e�' � � Project Number: If approved, a Certificate of Compliance will be issued for the property. The Planning Commission may impose conditions on the Certificate of Compliance (making it a Conditional Certificate-.of Compliance). Conditions must be fulfilled prior to any development on the property or subsequent transfer of the property. (Ord.No.3188, § 1(Exh. A),3-14-95) APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services staff prior to submitting an application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Planner 1. ® ❑ A completed, signed Project Information Form. . 2. ❑ If the application is signed by an agent for the property owner, an Agent Authorization Form must be submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 3. ® ❑ Payment of the currently required Application Fees. Make checks payable to "Butte County Treasurer". Public Fee Schedule is available under "Fees" at: bqp://www.buttecoim fees are non-refundable.nintJ l Applic 's Initials 4. ❑ ❑ Verification of ownership (e.g., current vesting deed or current title report) 5. ❑ ❑ Evidence of how the parcel in question was created(e.g., "creation deed(s)" in the form of a grant deed or gift deed, or other recorded document). This evidence may be obtained from a title company or you may research records available at the County Recorder's Office. 1 � i' r pFTO � � U 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 8112" 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. e ❑' ❑ Property lines,lot dimensions and any applicable easements of record or proposed. d. �z ❑ Dimensioned locations of existing and proposed public and private improvements on the property (including, but not limited to, buildings, roads, driveways, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage systems and lighting). Label all items shown on the map. e. ® ❑ Show private road access, if any,and route(s)to the nearest publicly maintained road. f ®' ❑ North arrow and scale of drawing. g•. ❑ All documents and maps shall be clear and legible. Additional information may be required in order to clarify, correct or supplement the above submittal information as deemed necessary by the. Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Please call the Planning Division of the Department of Development Services at (530) 538-7601 if you have any questions about these requirements. -07 IrA U&I^j Signature: Date: 4-7— ` 7 Applicant/Represe 've Signature: Date: Planne a eiv' plication K:\Planning\FORMS\APPLICATIONS\Legal_Lot Detennination.doc Revised 09/05/06 2 i BUTTE COUNTY PLANNING COMMISSION MINUTES October 11,2007 I. PLEDGE OF ALLEGIANCE II. PRESENT: Commissioners Nelson,Marin,Leland,Wilson and Chair Lambert ABSENT: None ALSO PRESENT: County Counsel Felix Wannenmacher, Deputy County Counsel Development Services Tim Snellings, Director Pete Calareo,Assistant Director Charles Thistlethwaite, Planning Manager Stacey Jolliffe,Principal Planner,Current Planning Dan Breedon,Principal Planner-,Advance Planning Steve Troester, Senior Planner Mark Michelena, Senior Planner Tina Bonham,Commission Clerk Environmental Health Doug Fogel,Program Manager Public Works Shawn O'Brien,Assistant Director Eric Schroth, Civil Engineer, Associate III. ACCEPTANCE OF AGENDA- Commission members and staff may request additions, deletions, or changes in the Agenda order. It was moved by Commissioner Nelson, seconded by Commissioner Wilson, and unanimously carried to accept the agenda as presented. IV. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA (Presentations will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on any item presented if it is not listed on the Agenda) None V. CONSENT AGENDA Consent items are set for approval in one motion. These items are considered non- controversial.No presentations will be made unless the item is pulled from the Consent Agenda for discussion Any person may pull an,item from the consent agenda. A. DET-07-001--- ET07-001 0--staff recommended approval Name: Neil & Cindy Allen Project: Legal Lot Determination Planner: Steve Troester APN: 066-360-041 Zoning: AR-2 1/2 Location: The parcel is located at the eastern terminus of Pine Canyon Road, 2.3 miles south from the intersection of Nimshew Road and Centerville Road. Proposal: Legal Lot Determination/Conditional Certificate of Compliance ■BUTTE COUNTY PLANNING COMMISSION■APPROVED MINUTES■OCTbdk 11,2007,u%,PAGE i ■ r , There is a 15-day appeal period on decisions with the Clerk of the Board.. B. (-,DET07-0011 -staff recommended approval j Name: Neil& Cindy Allen Project: Legal Lot Determination Planner: Steve Troester APN: 066-360-063 Zoning: AR-2 1/2 Location: The parcel is located at the eastern terminus of Pine Canyon Road, 2.3 miles south from the intersection of Nimshew Road and Centerville Road. Proposal: Legal Lot Determination/Conditional Certificate of Compliance There is a 15-day appeal period on decisions with the Cleric of the Board. C. MEXT07-0010 - staff recommended approval Name: Robert Graybiel Project: Map Extension Planner: Marls Michelena APN: 047-320-015 Zoning: SR-1 Location: The project site is located on the east side of Sweetbrier Drive, approximately 900 feet south of Keefer Road,at 65 Sweetbier, north Chico area. Proposal: A time extension(up to 5 years)for Tentative Parcel Map(TPM 05-15)to divide a 5.1-acre parcel into four parcels(1.08 acres, 1.33 acres, 1.38 acres,and 1.35 acres)approved on December 22,2005 . There is a 10-day appeal period on decisions with the Clerk of the Board. It was moved by Commissioner Wilson, seconded by Commissioner Nelson, and unanimously carried to approve the consent calendar,adopt Resolution PC 07-61 approving DET07-0010 forNeil and Cindy Allen,adopt Resolution PC 07-62 approving DET07-0011 for Neil and Cindy Allen,and adopt Resolution PC 07-63 approving MEXT07-0010 for Robert Graybiel. VI. PUBLIC HEARINGS The Chairwill call for staff comments. The hearing will be opened to the public for proponents,opponents,comments,and rebuttals. Thehearing will be closed to the public and discussion confined to the Commission. The Commission will then make a motion and vote on the item. It is requested that public initiated presentations be limited to a maximum of 5 minutes so that all interested parties will have an opportunity to address the Commission. Following your presentation,please print your name and address on the speakers sheet so that the record will be accurate. The recommendation of County staff is indicated below. It is only a recommendation and has not yet been considered by the Planning Commission. Copies of the Staff Report are available at the Planning Division Office A. TSM 06-08 -staff withheld recommendation until after public hearing Name: Tom Card Project: Tentative Subdivision Map Planner: Marls Michelena APN: 030-131-016 Zoning: AR Location:The parcel is located on the east side of 141'Street,approximately 500 feet north of Biggs Avenue, at 1262 14'h Street, Thermalito. ■BUTTE COUNTY PLANNING COMMISSION■APPROVED MINUTES r OCTOBER 11,2007,■v PAGE 2■ Proposal: A Tentative Subdivision Map to divide a 4.8-acre parcel into eighteen (18)residential parcels ranging in size from 6,500 square feet to 21,197 square feet, and one storm drain detention area lot (Lot A) and an exception to Butte County Code 20-133 (Cul-de-sac length)which limits cul-de-sac to 500 feet in length. The applicant is requesting a 580-foot cul-de-sac. There is a 10-day appeal period on decisions with the Clerk of the Board. Mr.Mark Michelena gave a summary ofthe project and the exception request to Butte County Code 20-133. Mr.Doug Fogel said the agenda report was incorrect. Environmental Health changed Condition 35 not Condition 38. Chair Lambert opened the public hearing. Mr. Bill Dinsmore from Rolls,Anderson,and Rolls addressed the Commission. He explained that the first 100 feet of the cul-de-sac subject to the exception request serves another parcel,which is why the applicant is requesting the exception.. Commissioner Nelson asked if the cul-de-sac length rule was for rural areas only due to fire hazards. Mr. Eric Schroth does not know where the length rule originated, but it does have to do with fire danger.. Commissioner Nelson asked Mr.Schroth if lack of fire danger is why Public Works does not have a problem with the exception. Mr. Schroth said yes. Mr.Dinsmore asked why the applicant now has to get a will serve letter from SC-OR instead of the individual water district. Mr. Fogel explained that recent information indicates that SC-OR may have over prescribed. He said because of that possibility Environmental Health now wants a letter from SC-OR to assure there is enough capacity. Mr. Charles Thistlethwaite said it has been a standard practice to get a will serve letter. The will serve letter is only good for one year. Because ofthis and the capacity issue there is a new condition that states a will serve letter must be obtained prior to recordation of the map that ensures capacity. Commissioner Nelson said he was concerned with the possibility of sewage capacity being a problem. Mr.Dinsmore asked if improvements would be made to the sewage capacity. Mr. Fogel said yes, but it is a several year process. ■BUTTE COUN TY PLANNING COMMISSION■APPROVED MINUTES r OCTOBER 1 I,2007,w PAGE 3■ 4 Mr. Dinsmore said he does not think that Condition 21 should be applied. Mr.Schroth said Condition 21 was a standard condition at the time the applicant applied. He said the newer standard is more stringent. Mr.Dinsmore asked that approval letters on maps give the expiration period. .Ms.. Stacey Jolliffe said she would check on having that information added to the approval letters. Chair Larnbert asked how the applicant would access Lots 15 and 16. Mr. Dinsmore said the applicant has an easement that provides access. Commissioner Marin asked about the topography of the project site. Mr. Dinsmore said that the project site drains to the back.. He said there is a drainage ditch and explained his drainage plan. Mr. Jim Steiner lives on Biggs Avenue. He is concerned because the drainage ditch floods every year. He believes that the project will add to the flooding problem. Commissioner Nelson asked where the drainage ditch flowed. Mr. Steiner showed on the map where the ditch is and where it flows. Mr. Warren Day wanted to know about the drainage pipe, its size, and how fast it will drain. Commissioner Nelson asked if the drainage pipe would drain into the ditch. Mr. Schroth said yes the pipe would drain into the ditch. There is a condition that prevents the project from causing any further flooding by use of a detention pond. He said it would not improve current conditions. Mr..Day said the County should fix the current problem. Commissioner Leland said the County could not make an applicant fix an existing condition. Mr.Stewart Johnston lives on Biggs Avenue. He said there are two problems. The drainage ditch is inadequate and a prior project on 10`1i Street now drains into the ditch and is causing the flooding to worsen. Commissioner Leland said that it sounds like previously approved projects may have caused problems regarding peals flow run off. He asked if Public Works has a follow up procedure to make sure that projects,when completed, are not causing flooding problems. Mr.Schroth said the Public Works verification involves assuring that the plan meets the design that the Q10(10 year storm)and Q100(100 year storm)runoff not be increased.. He said Public Works doesn't require any empirical data such as flow counts. ■BUTTE COUNTY PLANNING COMMISSIONi.APPROVED MINUTES■OCTOBER 11,2007,■v PAGE 4■ Chair Lambert asked how the Commission is supposed to address cumulative effects.. Mr.Thistlethwaite said that staff would like to address cumulative effects after the public hearing is closed. Commissioner Leland said that the project would have an effect on the drainage because the current drainage ditch capacity is less that the Q10 standard. IIe does not think the Commission can assure the neighbors that there will be no additional flooding problems due to the project. Mr.Steiner said the drainage ditch has not been maintained properly,and the County should fix it. Ms.Kathy Teagarden lives on 14`1i Street. She is concerned with the increased traffic. She does not want to see the environment of 14a'Street change. Mr. Dinsmore talked about the 10 year and 100 year storms,. He said the County facilities should be able to handle a 10-year storm. He said he does understand the neighbor's concerns, but the applicant's project conforms to County standard conditions. Commissioner Leland said he is concerned that the flooding will occur sooner because of the current conditions. He said that he does not think the flooding issue will be mitigated. Commissioner Nelson asked if Public Works could apply a higher standard. Mr. Schroth said yes,but the downstream capacity issue needs to be addressed. Commissioner Marin said that he sees there is an existing problem with flooding. Chair Lambert said she is concerned with cumulative effects and at what point does the Commission start denying projects. Commissioner Marin said he does not think the applicant should be punished for current conditions. Mr.Dinsmore said he was not aware there was a flooding issue of this magnitude. He asked for a continuance so that he can meet with Public Works. Commissioner Nelson said that the Commission is encouraging growth in the Thermalito area,but drainage and circulation problems have to be addressed,. Chair Lambert said that whether the Mitigated Negative Declaration can be adopted needs to be discussed. Commissioner Leland talked of applicants paying fees to help improve downstream drainage. Mr. Dinsmore said the applicants are paying those fees. Commissioner Leland said there should be a plan to improve downstream drainage. ■BUTTE COUNTY PLANNING COMMISSION■APPROVED MINUTES■OCTOBER 1 1.2007,■v PAGE 5■ i . w Mr. Thistlethwaite said that the staff report recommends adopting the Mitigated Negative Declaration, but staff is withholding recommendation until after the public hearing. He showed a slide of all the projects in the Thermalito area. He talked about cumulative impacts. He said cumulative impacts were not addressed in the Mitigated Negative Declaration. He asked that the hearing be continued until November so that staff can research the flooding impacts. Commissioner Wilson asked if the fees paid by the applicant were being set aside to use for drainage problems. Mr. Schroth said he thought that those funds were set aside. Mr. Dinsmore requested the hearing be continued until December. Mr.Steiner said that years ago FEMA had given funds to the County to fix flooding problems. Five of the six areas are fixed. The sixth area was not fixed because the County.did not want to spend the money to extend Biggs Avenue. He said that the applicant should not be blamed because the County isn't maintaining the drainage ditch. Ms. Teagarden asked if there was a development plan for Thermalito. Chair Lambert said no and explained about the General Plan 2030 update. Mr. Thistlethwaite said that Thermalito is one of the study areas. Chair Lambert closed the public hearing and confined comments to Commission and staff. It was moved by Commissioner Leland,seconded by Commissioner Marin,and unanimously carried to continue open TSM 06-08 for Tom Card to December 1.3, 2007. B. 10:00 a.m. Planning Commission Special Study Session for General Plan 2030 Update;meetin>?series 2/3. This item was continued from September 28,2007. The following are comments received during the public hearing for the General Plan 2030 Update Alternatives and Study Areas Session. Also,see attached notes from the General Plan 2030 Update staff and consultants. Mr. Scott Huber is concerned with bird habitat. He said that it looks like development comes first. He would like the process to stop until the HCP/NCCP study is finished, which should be in approximately 12 months. Mr..Jay Omar said he is not happy with any of the alternatives in Study Area 26. Mr.Tony Rushing,a Citizens Advisory Committee member,asked for a current policy. He wants the alternatives revised.. Mr.Mike McLaughlin said there are areas that need protection against further development. He gave Skyway as an example. ■BUT'TE COUNTY PLANNING COMMISSION■APPROVED MINUTES■OCTOBER 1 I,2007,■v PAGE 6■ Mr.Noel Carvalho said that in study area 10,the landowner does not think any of the alternatives suit his needs. He said there is a great opportunity to do something new by providing a community framework near the college. He would like to see land uses for Public,Commercial,and Residential. Mr.Todd Hall,a Citizens Advisory Committee member,said he does not want to see Chico expand. There is enough room for infill. He also would like the Committee to see more information from the Planning Commission and Board of Supervisors hearings. ' Mr. Scott Perkins commended staff and consultants for their progress. He does not agree with the previous comment that the County is not concerned with habitat conservation. He likes the Study Areas of Berry Creek and Butte College. Mr.Bob Kramer is pleased with the General Plan process and how it is going. He wants to look at parcels that are now surrounded by urban development, but are no longer agricultural, even if a document says differently. He said the Greenline might need to be moved to help with the buffer.. VII. GENERAL BUSINESS-This section of the agenda is to be utilized by the PlanningCommission and Director of Development Services on items of interest,general discussion,or items for which staff has been directed to do research and bring back to the Commission. Items A,B,&C may not always be addressed at every hearing,but will always be listed as part of the agenda. A. Directors' Report B. General Plan/Zoning Ordinance Update Please see pages 8-13 for the report from consultant Design, Community &Environment. C. Update of Board of'Supervisors' Actions D. Legislative Case Law Update E. Planning Commission Concerns VIII. CLOSED SESSION IX. MINUTES-None X. COMMUNICATIONS - Communications received and referred (Copies of all communications are available in the Planning Division Office.) XI. ADJOURNMENT Adjourned at 5:40 Chair Lambert a BUTTE COUNTY PLANNING COMMISSION■APPROVED MINUTES■OCTOBER 11,2007,■v PAGE 7■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT— October 11, 2007 Applicant: , Neil E. & Cindy Allen Location: At the eastern terminus of Pine Canyon Road, 2.3 miles Owner: Same south from the intersection of Nimshew Road and Centerville Road. File#: DET07-0010 Supervisor 5 District: Request: Legal Lot Determination/ Project Steve Troester Conditional Certificate of . Planner: Senior Planner Compliance G. AR Agricultural,Residential Zone Date April 14, 1998 'Zoning: AR 2_'/z_Agricultural Parcel Size: 0.81-acres Residential 2 1/2-acre minimum APN: 066-360-041 Attachments: A: Resolution with Exhibit A B: General Plan/Zoning Map C: Creation Deed(July_13, 1966; Document#1435 pages 124 & 125) STAFF COMMENTS: The subject property was created by deed on July 13, 1966 without the required approved access to a county-maintained road, contrary to the Subdivision Map Act and Butte County Subdivision Ordinance. The creating Grant Deed was recorded in Book 1435 of Official Records,at pages 124 and 125. At that time, divisions of land that resulted in four or fewer parcels could be effected by deed. However, County code did require residential parcels to meet, at a minimum,the following criteria: • Frontage on a publicly maintained roadway, or creation with a 60 foot access easement, or equivalent extension of the parcel,to a publicly maintained roadway. Parcels were allowed to be created with smaller easement widths, or equivalent extensions,with approval of the Planning Commission, per Ordinance 10 13 which defined easement widths required based upon size of parcel. a Minimum parcel size needed to conform to zoning; where no official zoning district was adopted minimum parcel size was 8,125 sq. ft., with a 65' minimum width. Regardless of the above, minimum parcel size must have met Health and Sanitation'requirements. ■Butte County Department of Development Services■ 1 1 )nn7 = A 11P.,T)PTn 7.0010.PaoP 1 of 6■ It appears that the parcel size zoning requirements were met (the parcel was zoned A-2 in 1966). This parcel did not appear to have any deeded access rights to a publicly maintained road until 1989 when conveyed to the Allens by the Grant Deed recorded August 28, 1989 as instrument no. 89- 32340. The easement contained in the Allen's Grant Deed describes Pine Canyon Road. However, _it appears that assessor's parcel number 066-360-041 does not"front on",but merely"touches"Pine Canyon Road and therefore needs additional easements to establish a 60 foot continuous strip to Nimshew Road. Conditions 1 and 2 of Exhibit A to the resolution here attached requires proof of this additional easement. NOTE:This DET application parcel abuts(to the east)APN 066-360-063,which is also the subject of a separate Legal Lot Determination application(DET 07-0011). ANALYSIS: • The subject property was created by deed on July 13, 1966 without the required approved access to a county-maintained road,.contrary to the Subdivision Map Act and Butte County Subdivision Ordinance. • Staff believes that the parcel was zoned A-2 at the time of parcel creation. • The parcel size is consistent with the requirements(8,125 sq.ft min.)of the previous A-2 zone. • The land use designation Open Area(Grazing and Forest)that existed at the time of parcel creation did not specify a minimum parcel size. • The parcel is currently vacant. • The Environmental Health Division found that soils in the parcel area allow for 50 feet of double rock septic systems per bedroom. Previous well and septic permits have been issued on this parcel. Wells can be relatively deep in the area, but produce adequate water for a single family dwelling. No soil mantels testing is required. • The parcel does not front on a publicly maintained roadway, nor does it have a 60 foot access easement,or equivalent extension of the parcel,to apublicly maintained roadway. Therefore this parcel needs additional easements to establish a 60 foot continuous access strip to Nimshew Road,which is a County maintained road.This requirement is noted as a condition of approval here attached. BUTTE COUNTY DEPARTMENTS AND OTHER AGENCIES REVIEW • The project was reviewed by the Butte County Public Works Department, Environmental Health Division,Fire Department/CDF, Agricultural Commissioner's Office,LAFCo, and the County Assessor's Office. • Comments/conditions received from Butte County Departments and other Agencies were reviewed and incorporated into the proposed project conditions. CEQA REVIEW: ■Butte County Department of Development Services■ n,t^iN-r i i )nm . Allan nF.T07-0010 ■Pa,ae 2 of 6 ■ I a. 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 AR 2 1/2 (Agricultural Residential 2 1/2-acre minimum) zoning of the property. The AR 2 1/2 zoning designation allows limited uses consistent with construction of a single family home and construction or conversion of small structures as described in section 15303. Subdivision of the parcel is not feasible given the existing lot size. Use permits, with accompanying environmental review would be required for uses inconsistent with this class 3 exemption. Pon eros—Wa {i V i ! DET 07-0011 j t AR 21/2 i E j07 0-041 066-360-063 GOL ! D10i e D i Area Map °' Midtlle Butte D DET 07-0011 AR DET 07-0010 AR 21/2 GOL 066-360-041 AR 2 1/2 Aerial Photo Map ■Butte County Department of Development Services■ ■October 11,2007■Allen DET07-0010■Page 3 of 6■ RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET07-0010 WHEREAS,the Planning Commission has considered Legal Lot Determination DET07-0010 for Neil E.&Cindy Allen,in accordance with Chapter 20,Section 160;Article VII,Violations and Certificate of Compliance,of the Butte County Code on Assessor's Parcel Number 066-360-041;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 11, 2007; and WHEREAS,the Planning Commission has considered a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED,that the Planning Commission: I. Finds this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under Section 15303. The AR 2 1/2 zoning designation. allows limited uses consistent with the new construction or conversion of small structures as described in section 15303.No subdivision of the property is feasible given the existing lot size. A. Because the project is exempt from the provisions of CEQA,the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. B. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Makes the following findings and approves Conditional Certificate of Compliance DET07-0010 with the conditions as set forth in the attachment (Exhibit A) to the .resolution. A. The parcel size of 0.81-acres is in conformance with the zoning at the time the parcel was created, and was consistent with Butte County General Plan land use designation of Open Area (Grazing and Forest) that existed at the time of parcel creation, which did not specify a minimum parcel size. B. The granting of a Conditional.Certificate of Compliance for the parcel will not be detrimental to the public health, safety and welfare. 4 ■Butte County Department of Development Services■ 0 OntnhPr 11.2007 ■ Allen DET07-0010■Paee 4 of 6■ DULY PASSED AND ADOPTED this I Vh day of October,2007,by the following vote: AYES: NOES: . ABSENT: ABSTAIN: NINA LAMBERT, Chair Planning Commission County of Butte, State of California ATTEST: TINA BONHAM, Secretary Planning Commission County of Butte, State of California 5 ■Butte County Department of Development Services■ ■October 11,2007.n Allen DET0770010 ■Page 5 of 6 ■ EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APN 066-360-041, DET07-0010 I. CONDITIONS OF APPROVAL: 1. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 2. Provide approved access to the parcel from a publicly maintained road or state highway in accordance with the County Code. Minimum easement width to be 60-feet. 3. Place the following informational note on the Conditional Certificate of Compliance: "Construction. Installation or development of buildings and/or roads,driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations - Public Resources Code 4290 and 4291 and current Butte County Improvement Standards, whichever is stricter." 4. Pay the recording fee in effect at the time the Conditional Certificate of Compliance is recorded. The current fee is$7.00 for the first sheet plus$3.00 for each additional sheet. The estimated current cost for recording this Certificate is $10.00 without conditions, $13.00 with conditions. This cost estimate is based on 1 page notification(first sheet), 1 page of legal description attached as Exhibit"A", and 1 page of conditions attached as Exhibit`B". County Counsel 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■ ■October 11.2007 si Allen DET07-0010 ■Nee 6 of 6 ■ - If 40 J. + ' a z 1 ( —`%/ ✓ 4r { 4t`yr�v �t Ik MO 4 4A J a m3 1„ tui F :a GOL 3 5r- _ r r f - - .r r , k TM 10 Gold R sh Rd, r A r u R� ;q �,*, t wd �- Pone � � V4, w 1 4 !6 Project Location .4 . TM-40 AV , a' — y.. FR— L a5 r 770 385 0 770 1,540 2,310 3,080 3,850 4,620 5,390 6,160 6,930 Feet BUTTE COUNTY PLANNING COMMISSION Applicant: Neil& Cindy Allen Owner: Same Hearin Date:October 11, 2007 @ 9:00 a.m.1 Existing Zone:AR-2.5(AgriculturalR esidential,2 12 acre min.) Supervisorial Request: Legal Lot Determination. District#5 Assessor Parcel No: 066-360-041 File: DET 07-40101 VICINITY MAP 411 /y T J Project Location ;Paradise plott DET 07-0010 066-360-041 Exhibit "C" Creation Deed regarding Legal Lot Determination/ Conditional Certificate of Compliance DET 07-0010 on APN 066-360-041: P.emrded at the request of _ - -... f_.,_.t _...;...».. mow.•• � RECORDED AT TIVM REQuEg O NORTH....STEfiN :ITL... COMPANY qr�i) NORTHWESTERN I1TL m _ lUL 1 '� 1968 4 Raven to ^a OFFICIAL RECORDS OF t� BUTTE COUNTY, CALIFORNIA D..E�1�1L-'_... _ Uri I& S S, Recorder T ..................._..__..:.._..___._�iC 4.. Br '. Fwp � _7 cQ0 •� RECDR7Yp Escrow No.. Fi 18-P =j--G-- 1.3 50 Grant Deed • a j:. ''" For value recc4ved•.:11EMY E,.••GULLLTT-•Md-RUTH-C.•-GULLM. ,-•hia wife 41 GRANT___toCHARLEs. C.-CRME and-jMLE.H..CR=H,_his Wife,.rLs _. . Joint Tenants, as to an undivided one-c elf interest AND NADYNE KEPPLE, a widow, as to an undivided one-half interest of all that real property situate.In the ;i :;�e ��-+ `- ! :.4 Courtly cf Butte ,state of Califamia,desaibeo as fci!owsr Being a portion of Lor,•:1 'of thea, Northeast quarter of Section 34, Township'.,: 23 North, Range 3 Zest, M. D. B. do M., and mora particularly described as follows: COMENCING at the North quarter corner of said Section 341 thence along the North line thereof, North 896 53' East, 268.29 feet to the center line of Nimshea Ridge Roa51 thence along said Road center line South 016 20' 00" West, 700.00 feet to the Southtrest corner of a parcel of land described in a Deed to Lucia M. Paterson, recorded March 1, 1930 in Book 40 of Official Records, at page 480 and also being the true point of beginning for the parcel of land described herein; thence from said true point of beginning, continuing South 016 20' 00" West along said road center line, 447.36 feet to a point. in the Westerly extension of the North line of a parcel of land described in a Deed to Buss suit, et at, recorded April 2, 1959 in Book 989 of Official Records, at page 511: thence North 876 33' 12" East and parallel to the South line of said -, Lot 2, and along the North line of those two parcels of land conveyed —' in Deeds to Buss Suit et al, recorded April 2, 1959 in Book 969 of i 1 Official Records, at page 511 and recorded May 6, 1958 in Book 939 of } Official Records, at page 428, a distance of 802.08 feet to a point in t the West line of a parcel of land conveyed in a Deed to Charles Samuel Horn, et al, recorded May 14, 1947 in Book 419 of Official Records, at pag- 53; thence North 016 20' 00" East along the West line of the afore- mentioned Horn parcel, a distance of 178.43 feet to a point; thence North i 12" 57' 56" West, 61.71 feet to the most Southerly point of that parcel of land described in the Deed to Lucia M. Peterson, referred to herein- { .. above; thence along the Southerly boundary line of said Peterson parcel, North 286 29' 00" West, 200 feet to a point; thence South. ..---89.6. .. _ .. _ -. _ Ju F Exhibit "C" Creation Deed regarding Legal Lot Determination/ Conditional Certificate of Compliance DET 07-0010 on APN 066-360-041: North 28° 29' 00" West, 200 feet to a�~point; thence South 89° 53' 26" West along the South line of said Lucia+ Peterson parcel, a distance of ; 665.87 feet to the true point of beginning. EY.CEPTING THEREFROM that portion lying within said Himshew Ridge Road. ;!X; RESERVING THEREFROM a non-exclusive easement for road purposes and public� utility purposes over a strip of land 60.00 feet in width lying. 30.00 feet on either side of a line beginning at a point in the West line of the above described parcal, which point bears South O1° 20' 00" West, 4eNorthwest corner t � e from said boginning. East, 792.95 theEast ofline hofcsaid parcel:. �int Doted.......JNIX..IL.-............____.... 19.6.6... t .........-------...-..... ..... ---..-.__....r�: '��!:.��_.�=t�:tG'��............ ...................._._. _._......................................_.... K�r1.C.�!��1� i.> (t?''.:� : ? :?............... STATE OF CALIFORMA }n. ..._.......__...._».CourAy o}._-B11tt[!_____.-- _—.•..111 On.—..... b►tore ne, 1n and ter.etd Co ty end Stet,,pa,a ny appeared.L._E__Bonbmm_and.2fasg_.I....BoIIhIIA�_.._—.._--_ 1•%'x ti.;,••� kne-n,o me u be the person A_._...whoa name 0---ArCWW'Ibed to the wllhln Imtrumenl,and tLm-1 dyed b thot_.:Y �kytOd�e.Amp•= M,temnt.,lo eaptree_.-,Terse-2b,_145.T_ t'. i t 9[ Northwestern Title Compaq } of Butte Countq' n�c3j10 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — October 11, 2007 Applicant: Neil E. & Cindy Allen Location: At the eastern terminus of Pine Canyon Road, 2.3 miles Owner: Same south from the intersection of Nimshew Road and Centerville Road. File#: DET07-0010 Supervisor 5 District: Request: Legal Lot Determination/ Project Steve Troester Conditional Certificate of Planner: Senior Planner Compliance G.P.: AR Agricultural Residential Zone Date April 14, 1998 Zoning: AR 2 '/i Agricultural Parcel Size: 0.81-acres Residential_2_1/_2=acre minimum APN: 066-360-041 Attachments: A: Resolution with Exhibit A B: General Plan/Zoning Map C: Creation Deed (July 13, 1966; Document#1435 pages 124 & 125) STAFF COMMENTS: The subject property was created by deed on July 13, 1966 without the required approved access to a county-maintained road, contrary to the Subdivision Map Act and Butte County Subdivision Ordinance. The creating Grant Deed was recorded in Book 1435 of Official Records,at pages 124 and 125. At that time, divisions of land that resulted in four or fewer parcels could be effected by deed. However, County code did require residential parcels to meet, at a minimum,the following criteria: • Frontage on a publicly.maintained roadway, or creation with a 60 foot access easement, or equivalent extension of the parcel,to a publicly maintained roadway. Parcels were allowed to be created with smaller easement widths, or equivalent extensions, with approval of the Planning Commission, per Ordinance 10 13 which defined easement widths required based upon size of parcel. • Minimum parcel size needed to conform to zoning; where no official zoning district was adopted minimum parcel size was 8,125 sq. ft., with a 65' minimum width. Regardless of the above, minimum parcel size must have met Health and Sanitation requirements. ■Butte County Department of Development Services ■ ■ October 11,2007 ■Allen DET07-0010 ■Page 1 of 6 ■ It appears that the parcel size zoning requirements were met (the parcel was zoned A-2 in 1966). This parcel did not appear to have any deeded access rights to a publicly maintained road until 1989 when conveyed to the Allens by the Grant Deed recorded August 28, 1989 as instrument no. 89- 32340. The easement contained in the Allen's Grant Deed describes Pine Canyon Road. However, it appears that assessor's parcel number 066-360-041 does not"front on",but merely"touches"Pine Canyon Road and therefore needs additional easements to establish a 60 foot continuous strip to Nimshew Road. Conditions 1 and 2 of Exhibit A to the resolution here attached requires proof of this additional easement. NOTE: This DET application parcel abuts(to the east)APN 066-360-063,which is also the subject of a separate Legal Lot Determination application(DET 07-0011). ANALYSIS: • The subject property was created by deed on July 13, 1966 without the required approved access to a county-maintained road, contrary to the Subdivision Map Act and Butte County Subdivision Ordinance. • Staff believes that the parcel was zoned A-2 at the time of parcel creation. • The parcel size is consistent with the requirements(8,125 sq. ft min.)of the previous A-2 zone. • The land use designation Open Area(Grazing and Forest)that existed at the time of parcel creation did not specify a minimum parcel size. • Thearcel is currently vacant. P Y • The Environmental Health Division found that soils in thep arcel area allow for 50 feet of double rock septic systems per bedroom. Previous well and septic permits have been issued on this parcel. Wells can be relatively deep in the area, but produce adequate water for a single family dwelling. No soil mantels testing is required. • The parcel does not front on a publicly maintained roadway, nor does it have a 60 foot access easement,or equivalent extension of the parcel,to a publicly maintained roadway. Therefore this parcel needs additional easements to establish a 60 foot continuous access strip to Nimshew Road,which is a County maintained road.This requirement is noted as a condition of approval here attached. BUTTE COUNTY DEPARTMENTS AND OTHER AGENCIES REVIEW • The project was reviewed by the Butte County Public Works Department, Environmental Health Division, Fire Department/CDF, Agricultural Commissioner's Office, LAFCo, and the County Assessor's Office. • Comments/conditions received from Butte County Departments and other Agencies were reviewed and incorporated into the proposed project conditions. CEQA REVIEW: ■Butte County Department of Development Services ■ ■October 11,2007 ■Allen DET07-0010 ■Page 2 of 6 ■ 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 AR 2 1/2 (Agricultural Residential 2 1/2-acre minimum) zoning of the property. The AR 2 1/2 zoning designation allows limited uses consistent with construction of a single family home and construction or conversion of small structures as described in section 15303. Subdivision of the parcel is not feasible given the existing lot size. Use permits, with accompanying environmental review would be required for uses inconsistent with this class 3 exemption. Pon eros Wa i DET 07-0011 i AR 2 1/2 i 066 360 041 066-360-063 GOL DET 07-0010 AR 2 1/2 Ri4 .._....._-........ ------------ Area Map Miame eutle D ai DET 07-0011 I AR DET 07 0010 AR 2 1/2 GOL 066-360-041 AR 2 1/2 Aerial Photo Map ■Butte County Department of Development Services■ ■October 11,2007 ■Allen DET07-0010 ■Page 3 of 6 ■ I RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET07-0010 WHEREAS,the Planning Commission has considered Legal Lot Determination DET07-0010 for Neil E. &Cindy Allen,in accordance with Chapter 20, Section 160;Article VII,Violations and Certificate of Compliance,of the Butte County Code on Assessor's Parcel Number 066-360-041;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 11, 2007; and WHEREAS,the Planning Commission has considered a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under Section 15303. The AR 2 1/2 zoning designation allows limited uses consistent with the new construction or conversion of small structures as described in section 15303. No subdivision of the property is feasible given the existing lot size. A. Because the project is exempt from the provisions of CEQA,the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. B. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Makes the following findings and approves Conditional Certificate of Compliance DET07-0010 with the conditions as set forth in the attachment (Exhibit A) to the resolution. A. The parcel size of 0.81-acres is in conformance with the zoning at the time the parcel was created, and was consistent with Butte County General Plan land use designation of Open Area (Grazing and Forest) that existed at the time of parcel creation, which did not specify a minimum parcel size. B. The granting of a Conditional Certificate of Compliance for the parcel will not be detrimental to the public health, safety and welfare. ■Butte County Department of Development Services ■ ■October 11,2007 ■Allen DET07-0010 ■Page 4 of 6 ■ DULY PASSED AND ADOPTED this 111h day of October,2007,by the following vote: AYES: NOES: ABSENT: ABSTAIN: NINA LAMBERT, Chair Planning Commission County of Butte, State of California ATTEST: TINA BONHAM, Secretary Planning Commission County of Butte, State of California I I ■Butte County Department of Development Services ■ ■October 11,2007 ■Allen DET07-0010 ■Page 5 of 6 ■ EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APN 066-360-041,DET07-0010 I. CONDITIONS OF APPROVAL: 1. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 2. Provide approved access to the parcel from a publicly maintained road or state highway in accordance with the County Code. Minimum easement width to be 60-feet. 3. Place the following informational note on the Conditional Certificate of Compliance: "Construction. Installation or development of buildings and/or roads,driveways,gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations - Public Resources Code 4290 and 4291 and current Butte County Improvement Standards, whichever is stricter." 4. Pay the recording fee in effect at the time the Conditional Certificate of Compliance is recorded.The current fee is$7.00 for the first sheet plus$3.00 for each additional sheet. The estimated current cost for recording this Certificate is $10.00 without conditions, $13.00 with conditions. This cost estimate is based on 1 page notification(first sheet), I page of legal description attached as Exhibit"A", and 1 page of conditions attached as Exhibit`B". County Counsel 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■ ■October 11,2007 ■Allen DET07-0010 ■Page 6 of 6 ■ I I � , I, 11 I, I, 1, I , _40' ' I I , I , ( Tikia------- l� r Gold R sh Rd AR 2 1/2 ( AR r��- t13 a;; e os Pon C. ' Project Location a Rk r, t; • �� I li I , 770 385 0 770 1,540 2,310 3,080 3,850 4,620 5,390 6,160 6,930 Feet BUTTE COUNTY PLANNING COMMISSION Applicant: Neil& Cindy Allen Owner: Same -' Hearin Date:October 11, 2007 @ 9:00 a.m.I Existing Zone: AR-2.5(AgdculturalR esidential,2 1/2 acre min.) Request: Legal Lot Determination. Supervisorial District#5 Assessor Parcel No: 066-360-041 File: DET 07-0010 VICINITY MAP j .. / m \ i• ; .j' `� it I a •;1../"•—' l j k I i L,—J Project Location ;Paradise 1A Elliott R -pl, DET 07-0010 066-360-041 Exhibit "C" Creation Deed regarding Legal Lot Determination/ Conditional Certificate of Compliance DET 07-0010 on APN 066-360-041: Recorded at the request of !, � RECORDED AT THE MQI,�1 p¢ NORTHWESTERN TITLE COMPANY `ir�i) NO RTHW,ST,ERN TIT! .. .................................................____•__ Ali! 1986 4' Return to OFFICIAL. RECORDS OF ` BUTTE COUNTY, CALIFORNIA Ml S S, - RecorderT _..._. ......_...__._._�l C�.. tt cP% RECOR7YpEscrow No. a 13-50,• Orani Deed 6VAM9 - For value recelved•.,'•NEMY E.••GULLETT-.and-RUTH-•C.•-.GULLETT,--hie wife .x GRANT-...._toCHARLES. C.-CREECH and-L•ESLE..H..CREECH,-his wife,.as _. . Joint Tenants, as to an undivided one-half interest AND NAME KEPPLE, a widow, as to an undivided one-half interest of all that real property situate.ln the County c{ Blit t e ,State of Callfomla,desuibeo as fellows•' Being a portion of Ta*,•1 of the Northeast quarter of Section 34, Township'.,; 23 North, Range 3 East, M. D. B. & M., and mora particularly described as follows: COMMENCING at the North quarter corner of said Section 341 thence along the North line thereof, vo.th 89° 531 East, 268.29 feet to the center line of Nimshea Ridge Roaal thence along said ltoad center line South Ole 20' 00" West, 700.00 feet to the SouthViest corner of a parcel of land described in a Deed to Lucia M. Peterson, recorded March 1, 1930 in Book 40 of Official Records, at page 480 and also being the true point of beginning for the parcel of land described herein; thence from said true point of beginning, continuing South 010 20' 00" West slong said road center line, 447.36 feet to a point in the Westerly extension of the North line of a parcel of land described in a Deed to Buss Suit, et a)., recorded April 2, 1959 in Book 989 of Official Records, at page 511; thence North 870 331 12° East and parallel to the south line of said Lot 2, and along the North line of those two parcels of land conveyed t in Deeds to Buss Suit et al, recorded April 2, 1959 in Book 969 of I official Records, at page 511 and recorded May 6, 1958 in Book 939 of Official Records, at page 428, a distance of 802.08 feet to a point in r the West line of a parcel of land conveyed in a Deed to Charles Samuel i Horn, et al, recorded May 14, 1947 in Book 419 of Official Re:orde, at pag^ 53; thence North 01° 201 00" East along the West line of the afore- mentioned Horn parcel, a distance of 1783.43 feet to a point; thence North 12° 57' 56" West, 61.71 feet to the most Southerly point of that parcel r of land described in the Deed to Lucia M. Peterson, referred to herein- above; thence along the Southerly boundary line of said Peterson parcel, r North 28° 29' 00" West, 200 feet to a point; thence South 89° 53" 26" Exhibit "C" Creation Deed regarding Legal Lot Determination/ Conditional Certificate of Compliance DET 07-0010 on APN 066-360-041: North 26° 29' 00" Weat, 200 feet to apoint; thence South 89° 53' 26" west along the South line of said Lucia Peterson parcel, a distance of 685.87 feet to the true point of beginning- Ing THEREFROM that portion lying within said Nimshew Ridge Road. 1 RESERVING THEREFROM a non-exclusive easement for road purposes and public utility purposes over a strip of land 60.00 .feet in width lying. 30.00 feet on either side of a line beginning at a point in the west line of the abave described parcel, which point bears South 01° 20' 00" West, 204.66 feet from the Northwest corner thereon; thence from said point of beginning, East, 792.95 feet to the' East line of said parcel-. Doted .......JulY._It,........................_.... 19.�f2.... � T , ...._..__....._........._........................._......._..... __--. _..............................................._.........._. cl �C'✓!�,_[I� 1. L(�r':IL:: :?:.................. STATE OF CAU'ORNIA - ' a. ..........................C—ty of on._...........still,��2.. ___.__..�_...._._.._..... 19J.__...beto.e P. 11C. 1-d ler.old county,nd state.pet—iii, .................. yam. ........ ............................_............... .--'—'--'....__..__....._......._._...__.........._...._......_..............._............. _�.��s�yY' kno w me U be the penon Q.._...whet,tame s...4.4ubtcrlbed to The wlthln Instrument,and odnowled9ed b e Ihel.._`t4: j(t;ryf0tl the rAlne. My t?mmlr.lor.expires J.cae_26,_.l4.bT__.._.______v. - 1tC.( �� t• C ti', ............. .... I._I..:.. ._... ._..� 1 Northwestern Title Company of Butte Count�q'''' iic�� OFFICE OF COUNTY COUNSEL REQUEST FOR LEGAL SERVICES Date Submitted: 9/28/07 Department: DDS-Planning From: Phone Number: _7785 Department Hea gnature Contact Person: Stac Jolliffe Phone Number: 6573 PLEASE INDICATE THE TYPE OF ASSISTANCE REQUESTED _X Other. Briefly explain the assistance requested: Review legal aspects of the attached agenda reports forOctober 11, 2007, Planning Commission meeting: Consent: DET07:00TO(Allen) Planner: Steve Troester ! �DET07--001-1-(Allen) Planner : Steve Troester MEXT07-0010 (Graybiel) Planner: Mark Michelena I Public Hearings: TSM 06-08 (Card) Planner: Mark Michelena PRIORITIZATION Indicate the priority of this request,taking into consideration any prior pending requests. Requests receiving a"high" priority will automatically take precedence over existing pending department projects, unless otherwise indicated. High Moderate X_ Low Indicate due date when high priority Comments: Principal Planner and Planning Manager are out of the office Until October 3, 2007—please provide comments directly to the project planner noted above. Comments are requested should be received no later than October 3 or 4, 2007 to be incorporated into packets for the 10/11 meeting. Has this been previously reviewed/or ongoing by County Counsel? ❑ Yes ❑X No If Yes,please provide reference no. or Name of Counsel FOR COUNTY COUNSEL USE ONLY Date Received: Attorney Assigned: Log Out Date: Revised 3/06 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 'LOctober 11, 2007 Applicant: Neil E. & Cindy Alle__n Location: At the eastern terminus of Pine Canyon Road, 2.3 miles Owner: Same south from the intersection of Nimshew Road and Centerville Road. File#: i DET07-001.0 Supervisor 5 District: Request: Legal Lot Determination/ Project teve Troester Conditional Certificate of Planner: Senior Planner Compliance G.P.: AR Agricultural Residential Zone Date April 14, 1998 Zoning: AR 2 '/2 Agricultural Parcel Size: 0.81-acres Residential 2 1/2-acre minimum APN: 066-360-041 Attachments: A: Resolution with Exhibit A B: General Plan/Zoning Map C: Creation Deed (July 13, 1966; Document#1435 pages 124 & 125) STAFF COMMENTS: The subject property was created by deed on July 13, 1966 without the required approved access to a county-ma fined road, c ntr��Y' to the Subdivision Map Act and Butte County Subdivision Ordinance, trant DeedWoTrded in Book 1435 of Official Records, at pages 124 and 125. At that time, divisions of land that resulted in four or fewer parcels could be effected by deed. However, county code did require residential parcels to meet,at a minimum,the following criteria • Frontage on a publicly maintained roadway, or created-with a 60 foot accessa ement, or equivalent extension of the parcel,to a publicly maintained roadway. Parcels created with smaller easement widths, or equivalent extensions, with approval of the Planning Commission,per Ordinance 1013 which definekasement widths required based upon size of parcel. hteat j+0 • Minimum parcel size t�H conform to zoning; where no official zoning dis opted minimum parcel size shale 8,125 sq. ft., with a 65' minimum width. Regardless of the above, minimum parcel size mus m Health and Sanitation requirements. all P ■Butte County Department of Development Services■ ■October 11,2007 ■Allen DET07-0010 ■Page 1 of 7 ■ It appears that the parcel size zoning requirements were met (the parcel was zoned A-2 in 1966). This parcel did not appear to have any deeded access rights to a publicly maintained road until 1989 when conveyed to the Allens by the Grant Deed recorded August 28, 1989 as instrument no. 89- 32340. The easement contained in the Allen's Grant Deed describes Pine Canyon Road. However, it appears that assessor's parcel number 066-360-041 does not"front on",but merely"touches"Pine Canyon Road and therefore needs additional easements to establish a 60 foot continuous strip to Nimshew Road. Conditions 1 and 2 of Exhibit A to the resolution here attached requires proof of this additional easement. NOTE: This DET application parcel abu east)APN 066-360-063,which is also the subject of a separate Legal Lot Determination - atio (DET 07-0011). ANALYSIS: • The subject property s eated deed on July 13, 1966 without the required approved access to a county aintaine road, contrary to the Subdivision Map Act and Butte County Subdivis' n Ordinance. • Staff believes at the parcel was zoned A-2 at the time of parcel creation. A 1 „ • The parcel si a is consistent with the requirements of the previous A-2 zone. • The land us designation Open Area(Grazing and Forest)that existed at the time of parcel creation did pecify a minimum parcel size. t�, • The parcel is currently vacant. • he Environmental Health Division f that a parcelarea allow for 50 feet double rock septic syst l and septic permits have been issued on this parcel. Wells can be relatively deep in the area, but produce adequate water for a single family dwelling. No soil mantels testing is required. • The parcel does not front on a publicly maintained roadway, nor does it have a 60 foot access easement,or equivalent extension of the parcel,to a publicly maintained roadway. Therefore this parcel needs additional easements to establish a 60 foot continuous access strip to Nimshew Road,which is a County maintained road.This requirement is noted as a condition of approval here attached. BUTTE COUNTY DEPARTMENTS AND OTHER AGENCIES REVIEW • The project was reviewed by the Butte County Public Works Department, Environmental Health Division, Fire Department/CDF, Agricultural Commissioner's Office, LAFCo, and the County Assessor's Office. • Comments/conditions received from Butte County Departments and other Agencies were reviewed and incorporated into the proposed project conditions. CEQA REVIEW: 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 ■Butte County Department of Development Services ■ ■October 11,2007 ■Allen DET07-0010 ■ Page 2 of 7 ■ development consistent with the current AR 2 1/2 (Agricultural Residential 2 1/2-acre minimum) zoning of the property. The AR 2 1/2 zoning designation allows limited uses consistent with construction of a single family home and construction or conversion of small structures as described in section 15303. Subdivision of the parcel is not feasible given the existing lot size. Use permits, with accompanying environmental review would be required for uses inconsistent with this class 3 exemption. y � Pon eros Wa I j lY DET 07-0011 AR 2 1/2 f N 066-360-041 066-360-063 GOL DET 07-0010 Ell) Area Map Middle Butte Dr ® DET 07-0011 AR DET 07-0010 AR 2 1/2 GOL 066-360-041 AR 2 1l2 Aerial Photo Map ■Butte County Department of Development Services■ ■October 11,2007 ■Allen DET07-0010 ■Page 3 of 7 ■ RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET07-0010 WHEREAS,the Planning Commission has considered Legal Lot Determination DET07-0010 for Neil E. &Cindy Allen,in accordance with Chapter 20, Section 160;Article VII,Violations and Certificate of Compliance,of the Butte County Code on Assessor's Parcel Number 066-360-041;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 11, 2007; and WHEREAS,the Planning Commission has considered a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I i I. Finds this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under Section 15303. The AR 2 1/2 zoning designation allows limited uses consistent with the new construction or conversion of small structures as described in section 15303. No subdivision of the property is feasible given the existing lot size. A. Because the project is exempt from the provisions of CEQA,the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. B. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA.95965. II. Makes the following findings and approves Conditional Certificate of Compliance DET07-0010 with the conditions as set forth in the attachment (Exhibit A) to the resolution. A. The parcel size of 0.81-acres is in conformance with the zoning at the time the parcel was created, and was consistent with Butte County General Plan land use designation of Open Area (Grazing and Forest) that existed at the time of parcel creation, which did not specify a minimum parcel size. B. The Conditional Certificate of Compliance for the parcel will not be detrimental to the health, safety and welfare of the surrounding area. ■Butte County Department of Development Services■ ■October 11,2007 ■Allen DET07-0010 ■Page 4 of 7 ■ DULY PASSED AND ADOPTED this 1 I''day of October, 2007,by the following vote: AYES: NOES: ABSENT: ABSTAIN: NINA LAMBERT, Chair Planning Commission County of Butte, State of California ATTEST: TINA BONHAM, Secretary Planning Commission County of Butte, State of California I ■Butte County Department of Development Services ■ ■October 11,2007 ■Allen DET07-0010 i Page 5 of 7 ■ Resolution EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APN 066-360-041,DET07-0010 I. CONDITIONS OF APPROVAL: 1. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 2. Provide approved access to the parcel from a publicly maintained road or state highway in accordance with the County Code. Minimum easement width to be 60-feet. 3. Place the following informational note on the Conditional Certificate of Compliance: "Construction. Installation or development of buildings and/or roads,driveways,gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations - Public Resources Code 4290 and 4291 and current Butte County Improvement Standards, whichever is stricter." 4. Pay the recording fee in effect at the time the Conditional Certificate of Compliance is recorded.The current fee is$7.00 for the first sheet plus$3.00 for each additional sheet. The estimated current cost for recording this Certificate is $10.00 without conditions, $13.00 with conditions. This cost estimate is based on 1 page notification(first sheet), 1 page of legal description attached as Exhibit"A",and 1 page of conditions attached as Exhibit"B". County Counsel 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 j satisfied. i ■Butte County Department of Development Services■ ■ October 11,2007 ■Allen DET07-0010 ■Page 6 of 7 ■ Exhibit "C" Creation Deed regarding Legal Lot Determination/ Conditional Certificate of Compliance DET 07-0010 on APN 066-360-041: Rocorded at the request of NORTHWESTERN TITLE. COMPANY RECORDED AT THE REQLAST Off .................................._..-°- 9s�1) NORTHW:sTERN TITLE COM AZLt Return to �� 1 ., z41- OFFICIAL III; CORDS OF ` BUTTE COUNTY, CALIFORNIA S - Recorder T ' ................._......................_....... �1C..4.. . ...- RECOR7Yp Escrow No. �.�18.'P.__._. S=�-•--L__ 13.. J 50ranfi Deed For value received:: NEELY E.-GULLETT-•end>RUTH••C.-•OULL'f:TT,--hia wife GRANT_......toCHARLES. C. :CREECH and•IESLE.H..CREECH,..his wife,.as _.. . Joint Tenants, as to an undivided one-I:o.lf interest AND NADYNE KEPPLE, a widow, as to an undivided one-half interest of all that real property sltwfe.ln the �a,•,f_,-., ., ;s ,, County cf $lit to' ,State of Collfomia,deanlbeo as fal!ovnr Being a porticn of Lot.1 of'•'th0 Northea®t quarter of Section 34, Townshi 23 North, Range 3 East, M. D. B. & M., and mora particularly described as follows: C01,MNCING at the North quarter corner of aaid Section 341 thence along the North line thereof, 66,th 690 53' East, 268.29 feet to the center line of NimaheW Ridge Roast thence along said Road center line South O1° 20' 00" West, 700.00 feet to the Southwest corner of a parcel of land described in a Deed to Lucia M. Paterson, recorded March 1, 1930 in Book 40 of Official Records, at page 480 land also being the true point of beginning for the parcel of land described herein; thence from said true point of beginning, continuing South 01° 20' 00" west -long said road center line, 447.36 feet to a point in the Westerly extension of the North line of a parcel of land described in a Deed to Buns Suit, et al, recorded April 2, 1959 in Book 989 of Official Records, at page 511: thence North 670 33' 12" East and parallel to the South line of said Lot 2, and along the North line of those two parcels of land conveyed r t in Deeds to Buss Suit et al, recorder] April 2, 1959 in Book 969 of } Official Records, at page 511 and recorded May 6, 1958 in Book 934 of !' s Official Records, at page 428, a distance of 802.08 feet to a point in 1 the West line of a parcel of land conveyed in a Deed to Charles Samuel f Horn, et al, recorded May 14, 1947 in Book 419 of Official Records, at € pag-- 53; thence North O1° 20' 00" East along the West line of the afore- <•. mentioned Horn parcel, a distance of 178.43 feet to a point; thence North ' 12" 57' 56" West, 61.71 feet to the most Southerly point of that parcel J of land described in the Deed to Lucia M. Peterson, referred to herein- above; thence along the Southerly boundary line of said Peterson parcel, North 280 29' 00" West, 200 feet to a int; thence South 890. 53" 26" j .!:fir,: ..:��`��,�'•i y..l_-+ ,,,.., ■Butte County Department of Development Services■ ■October 11,2007 ■Allen DET07-0010■Page 7 of 7 ■ Exhibit "C" Creation Deed regarding Legal Lot Determination/ Conditional Certificate of Compliance DET 07-0010 on APN 066-360-041: North 280 29' 00" west, 200 feet to a'point; thence South 896 53' 26" West along the South line of said Lucia Peterson parcel, a distance of 685.87 feet to the true point of beginning. g o EXCEPTING THEREFROM that portion lying within said Nimshew Ridge Road. ;!A� i RESERVING THEREFROM a non-exclusive easement for road purposes and public utility purposes over a strip of land 60.00 feet in width lying. 30.00 feet on either side of a line beginning ata point in the West line of the above described parcel, which point bears South 01" 20' 00" West, 204.66 feet from the Northwest corner thereon; thence from said point of beginning, East, 792.95 feet to the' East line of said parcel-. Doted .......Ju1-Y..It,............................... 19.6.6.... .................. _...................................................._...__. '� �!- - i2�„ e: ti?' `-.... ,l 5T/.TE OF CAUFOP,IA . n. ..........................County a.....Butte.---...._....._..._.___._...__..... On............_J.a.y._4L.__._.__...__..__.............__.._.. 19u;7..._...before me._._.-._n+.i.G.Q..I�•...Q��.�Pr�.._.....VYF�� public. In and(or aid County and Stots,personally"ppeored.I.....:.....$Op�l@•.gn.d_.Z(g1'8_.L....�D�18A............. ......_....,.*�'' •_ti`'l: ........ ..........................................................._._....__....__...._....................................._..........................I............... ..........}.. known w me W be the person Q.._....whore nem.s....V.Qub,,bed to the within Instrument.and acknowledged to a thet...... � ad(he` Ino._ i•N �� V - MY c. tr+l mm _e,plr.t._...J.LIIe_26,_.125T--••--•--•--_......_............... .L`�"' '`^^i �j'_4.:. ........F//c. Notary NblK 'I�ri'•.�JJr'�.= Northwestern Title Company of Butte Coun't�q'°�''' 919 5 RESOLUTION 07-61 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET07-0010 WHEREAS, the Planning Commission has considered Legal Lot Determination DET07- 0010 for Neil E. & Cindy Allen, in_accordance with Chapter 20, Section 160; Article VII, Violations and Certificate of Compliance, of the Butte County Code on Assessor's Parcel Number 066-360-041; 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 11, 2007; and WHEREAS, the Planning Commission has considered a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED,that the Planning Commission: 1. Finds this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under Section 15303. The AR 2 1/2 zoning designation allows limited uses consistent with the new construction or conversion of small structures as described in section 15303. No subdivision of the property is feasible given the existing lot size. A. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. B. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Makes the following findings and approves Conditional Certificate of Compliance DET07-0010 with the conditions as set forth in the attachment (Exhibit A) to the resolution. A. The parcel size of 0.81-acres is in conformance with the zoning at the time the parcel was created, and was consistent with Butte County General Plan land use designation of Open Area (Grazing and Forest) that existed at the time of parcel creation, which did not specify a minimum parcel size. B. The granting of a Conditional Certificate of Compliance for the parcel will not be detrimental to the public health, safety and welfare. DULY PASSED AND ADOPTED this 11`h day of October, 2007, by the following vote: AYES: Commissioners Marin, Leland, Wilson,Nelson, Chair Lambert NOES: None ABSENT: None ABSTAIN: None INA LAMBERT, Chair Planning Commission County of Butte, State of California ATTEST: TINA BONHAM, Secretary Planning Commission County of Butte, State of California EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APN 066-360-041, DET07-0010 I. CONDITIONS OF APPROVAL: 1. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 2. Provide approved access to the parcel from a publicly maintained road or state highway in accordance with the County Code. Minimum easement width to be 60- feet. 3. Place the following informational note on the Conditional Certificate of Compliance: "Construction. Installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations - Public Resources Code 4290 and 4291 and current Butte County Improvement Standards, whichever is stricter." 4. Pay the recording fee in effect at the time the Conditional Certificate of Compliance is recorded. The current fee is $7.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is $10.00 without conditions, $13.00 with conditions. This cost estimate is based on 1 page notification (first sheet), 1 page of legal description attached as Exhibit "A", and 1 page of conditions attached as Exhibit"B". County Counsel 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. r s Butte County Department of Development Services �V T TF TIM SNELLINGS,DIRECTOR PETE CALARCO,ASSISTANT DIRECTOR 0 0 0 0 7 County Center Drive o /� o 0 0 Oroville,CA 95965 0 `�=�' o (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING October 12, 2007 Neil and Cindy Allen, 2709 NW 140th St. Vancouver, WA 98685 Re: LEGAL LOT DETERMINAT: DET07-0010 APN: 066-360-041 Dear Neil &Cindy Allen At the regular meeting of theButte County Planning Commission held October 11,2007,your request for a Legal lot determination on +/- 0.81 acre parcel in the AR 2 1/2 zone(4-14-98)was approved. Should you desire to appeal any of the conditions imposed by the Planning Commission,you must do so in writing,prior to 5:00 p.m.,Monday,October 29,2007 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 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. 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 android. Should you have any questions regarding this matter,please contact Steve Troester at 530-53 8-7153 between 7:30 a.m. and 4:30 p.m., Monday through Friday. Sincerely, VAc��. Tina Bonham Commission Clerk cc. Forrest Lindgren 7020 Skyway,Paradise,CA 95969 EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APN 066-360-041, DET07-0010 I. CONDITIONS OF APPROVAL: 1. Provide two-way traversable access to the.parcel from a publicly maintained road or state highway as defined in the County Code. 2. Provide approved access to the parcel from a publicly maintained road or state highway in accordance with the County Code, Minimum easement width to be 60-feet. 3. Place the following informational note on the Conditional Certificate of Compliance: "Construction. Installation or development of buildings and/or roads,driveways,gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations - Public Resources Code 4290 and 4291 and current Butte County Improvement Standards, whichever is stricter." 4. Pay the recording fee in effect at the time the Conditional Certificate of Compliance is recorded.The current fee is$7.00 for the first sheet plus$3.00 for each additional sheet. The estimated current cost for recording this Certificate is $10.00 without conditions, $13.00 with conditions. This cost estimate is based on 1 page notification(first sheet), 1 page of legal description attached as Exhibit"A", and 1 page of conditions attached as Exhibit"B". County Counsel 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 o13TTFo TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 o _ o 7 County Center Drive o =-W--, �� o Oroville, CA 95965 (530) 538-7601 Telephone cOUNty (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:066-3 60-04 1,DET07-00 10. APPLICANT/OWNER DATE Butte County Department of Development Services OTr TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR 0� �0 0 0 7 County Center Drive 0 0 Oroville, CA 95965 0 - ��-o (530)538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATIONBUILDING' PLANNING October 3, 2007 Neil & Cindy Allen 2709 NW 140Th St. Vancouver, WA 98685 Re: DET07-0010, AP: 066-360-041 Dear Neil& Cindy Allen: Enclosed is a copy of the Agenda Report concerning your application for a Legal lot determination on +/- 0.81 acre parcel in the AR 2 1/2 zone (4-14-98). Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for October 11, 2007, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter,please contact Steve Troester of this office at 530-538-7153, between 7:30 a.m. and 4:30 p.m., Monday through Friday. Sincerely, Tina Bonham Commission Clerk Enc. cc: Forrest Lindgren 7020 Skyway, Paradise, CA 95969 PROJECT COORDINATION FORM DATE of IDR: June 20, 2007 PLANNER: Steve Troester PROD. NAME: Allen, Neil & Cynthia PROJ. NUMBER: DET07-0010 TYPE: Completeness of Application APN: 066-360-041 Evaluation DEPARTMENT COMMENTS READY FOR HEARING? PLANNING � f . PUBLIC WORKS _ % 11�Y1�� dc�v�01"-y7 V ENVIRONMENTAL HEALTH COUNTY COUNSEL AG. BUILDING ASSESSOR FIRE GAADMINISTRATIONMR Agenda\2007 IDR AgendasTROJECT COORDINATION FORM.doc 0 Butte County Department of Development ��T rF Services TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o _ o 00 o Vie+ ''s o 7 County Center Drive Oroville, CA 95965 c�UIN (530)538-7601 Telephone (530) 538-7785 Facsimile June 1,2007 To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: ALLEN NEIL E & CINDY,DET07-0010 Planner: Steve Troester APN: 066-360-041 Location: At the eastern terminus of Pine Canyon Road,2.3 miles south from the intersection of Nimshew Road and Centerville Road. 30-Day Complete 6/22/07 Date of IDR 6/13/07 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 6% 3%07 Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting, regarding completeness of application. What is needed to make the application complete? ❑ YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. PLEASE SEND YOUR RESPONSE TO: stroester@buftecounly.net Signature: Department: Date: K:/Planning/Projects/A New File/IDR Memos/H)R Completeness 8/30/05 0 Butte County Department of Development Services oQTTF0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 o _ o 7 County Center Drive o �=_- �. o Oroville, CA 95965 0 o (530)538-7601 Telephone c�UNty (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATIONBUILDING" PLANNING June 1,2007 TO: Enter Agency or Department FROM: Steve Troester, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: ALLEN NEIL E & CINDY, DET07-0010 APN: 066-360-041 DATE OF Inter-Departmental Review: 6/13/07 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: 6/11/07 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: 6/28/07 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 6/13/07, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Legal lot determination on +/- 0.81 acre parcel in the AR 2 1/2 zone. COUNTY SUPERVISOR DISTRICT NO.: 5 ZONING: AR 2 '/z GENERAL PLAN: AR If a response cannot be submitted prior to the due dates listed above,please call Steve Troester at 538-7153 or send him an email at stroester@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: ❑T Yes Name: Date: GVROJECTSUrakit Merge Documents\REQUEST FOR COMMENTS.doc "DRAFT"LEAD IN SHEET PROJECT NUMBER: PE 70 q —00IF02 AP#(s): C AJI �� f APPLICANT: !!1 —, P t` r.-.�.--_-I OWNER(S): S 2h1 G REPRESENTATIVE: FO ��``t. Vr PROPOSED REQUEST: (by counter planner) I-eq,cl �m e lek til <'lt l 'o C% �/- e �' aA le FINAL REQUEST: (by project planner) 42 L CATI N: (by counter planner) �J, i d �,hc� ca(e IV,0 4 d 21a �i Yet S e-CY 1 Oh- d r-''t $ 0%1' A-Pe 441,'l- FINAL 41FINAL LOCATION: (by project planner) f .EXISTING ZONING: 141, 2- GENERAL PLAN DESIGNATION: ,/ SIZE: SUPERVISORIAL DISTRICT#: DATE RECEIVED: COUNTER PLANNER'S INITIALS: r ASSIGNED PLANNER: Date Pro•ect Assi ed: Q bilo IDR Date: 30 Day Complete: Tentative Hearing Date: I i .� COMMENT DISTRIBUTION LIST Project Number: ViE 7-0 10 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- Utilities: therUtilities: _ PG&E North-Chico Pacific Bell Chambers Cable TV PG&E South-Oroville Viacom Cable TV Irrigation District: Biggs/West Gridley Water _ Durham Irrigation Dist. _ Paradise Irrigation Dist. Richvale Irrigation Dist — Table Mountain Irrigation Dist _ Sewer: L.O.A.P.U.D. — Sterling City Sewer Main _ Skansen Subdivision(CSA 21) Drainage Districts: Sacramento&San Joaquin Drainage Dist. — Reclamation District No. 833 Drainage District 200 _ Reclamation District No.2054 Reclamation District No.2056 State Agencies: CalTrans — Dept.of Water Resources Dept.of Fish and Game Federal Agencies: U.S.Forest Service _ U.S.Bureau of Land Management Other Districts,Agencies,Committees,etc.: 05-21-07 04:19PM FROM-Vancouver okeepina 3606931486 T-689 P•002 F-40T MAIL rax STA2 MM To 's=e address as below' ; 89—G:32340 Ree Fee 11. 00 wasN IWCOXD®HAM TO DOC 31.3S' Recorded i Tota1 42. 35 NEIL E. ALLEN Official Records ; �acrcss CINDY L. ALLEN County -of ' .«y 5744-B Pacheco LaneButte BUTTE COUNTY TITLE CO. Paradise, California 95969 Candace J . Grubbs 5p ; L Recorder , ; 8=00am 2$=Aug 9 RS ' 4 RECORDERS USE ONLY ORDER NO. ESMOw Na p-14674 GRANT DEED awNT TENANCY) The undersigned grantors)declarc(s): Documentary transfer tax is$ 31-35 �. ( X ) Computed on full value of property conveyed, or YAK( ) Computed on full value less value of liens and encumbrances remaining as time of sale PAID ( X ) Unincorporated area( ) City of Tax Parcel No. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, dealing with ht± separate property, SANDRA LYNN AALSEMI also.known as SANDRA AAIZEM, also known as SA'N U LYNN DUNCAN, . and DEBRA SPENCER, dealing with -her separate property, hereby GRANT(S) to NEIL E. ALLEN and CINDY L. AT7,FTT, husband and wife , A$ JOINT TENANTS, the following described real property in the County of Butte , State of California: 'DESCRIPTION Al",1:AMED HERETO AS MUITBIT 'A' AND MADE A PART BM=I I GENERAL ACKNOWLEDGMENT 89 - 323 j` 0 NO.201 ^ - -�-�—�.rte/✓+�7ti+r��vY.`.-f� µ:�Y`I�Y YYw�-^Y � �...._....=wY�'.rrr �S��+r✓=. ,b State of l�evada ' On thi the day of _ Atmust 141 1g 89,before me, County of $9- �-- 'R 1 1 the undersigned Notary Pub ,personally appeared Sandra LNm Aalseth THELMA MARKVA 0 personally known tome a = Notary Public-State of Nevada ❑ proved to me on the basis of satisfactory evidence Appeintmerrt Recorded In Pershing County to be the persons)whose name(s) i c subscribed to the 3 ANY 1N71YlENTEXPtSOCT.17,19M within instrument,and acknowledged that _ she U71 9 executed it. WITNESS my hand and official seal. Notary's Signature ArfWM0N NOTARY:Pothough the infomilon requested below is OFnONAt.It couro ormnt fraudtdent attschmont of this cenllicate to another document THIS CERTIACATE Title or Type of Document MUST BE ATTACHED es Number of Pa TO THE DOCUMENT g Date of Document DESCRIBED AT RIGHT: Signers)Other Than Named Above ''-�r�"--�w�1�'��e✓ rs�_.irJ.��.c •ri•r�.��Y .+^.7^.rrr335,+�--3=---__++._.�. 7120122 v. _ N719NAL NOTARY Ad OCIATION.87E Remme,avn.AIM 05-21-07 04:19PM FROM-Vancouver If fookeepina 3606931486 • T-689 P.003 F-40T rto. 31845 All that certain real property situate in- the County of Butte, State of California, described as follows : PARCEL ONE: A portion of the Northeast quarter of Section 34, Township 23 North, Range 3 East, M.D.B. & M. , and more particularly described as follows : COMMENCING at the North quarter corner of said Section 34; thence along the North line of said section, North 89° 47 ' 18" East, 265.09 feet to the centerline of Nimshew Ridge Road; -thence along said centerline South 01 18' 48" West, 699. 23 feet ; thence Leaving said centerline , North 89' 53 ' 26" East, 685.91 feet to a 3/4" iron pipe marked L. S. 2843 at the Northeast corner of the land described in the Deed that was recorded July 13, 1966 in Book 1435 of official Records, at page 125, records of Butte County, California and the true- point- of beginning for the parcel herein described; thence from said true point of beginning and continuing North 89° 53 ' 26" East 374.09 feet to a point on the West edge of a Pacific Gas and Electric Company ditch; thence along said West edge South 57" 39 ' 14" West, 329. 90 feet to a point that bears South 28° 29' 00" West, 200.00 feet to the point of beginning. EXCEPTING THEREFROM all mineral rights .. in said' land heretofore conveyed to H. C. Crofoot by Deed from Charles Archer and Delia L. Archer , his wife, recorded in Book 203 of Deeds, at page 242, records of Butte County, California. ALSO EXCEPTING THEREFROM rights of way heretofore conveyed to Valley Counties Power Company, a corporation, and to the Pacific Gas and Electric Company, a corporation. PARCEL TWO: A portion of the Southeast quarter of Section 27, and a portion of the Northeast, quarter of section 34, Township 23 North, Range 3 East, M.D.B. & M. , and more particularly described as follows : COMMENCING at the North quarter corner of said Section 34; thence along the North Line ' of said Section, North 89* 47 ' 18" East 265.0 feet to the centerline of Nimshew Ridge Road; thence along said centerline, South 01' 18 ' 48" West, 699. 23 feet; thence leaving said centerline, North 89° 53 ' 26" East, 1060.00 feet to a 3/4" iron pipe marked L.S. 2843 on the Westerly line of the Pacific Gas and Electric Company ditch and the true point of beginning for the parcel herein described; thence along the Westerly line of the Pacific Gas and Electric Company ditch, North 440 49 ' 30" East, 119.O4• feet; thence North 26 " 50 ' 20" East, 103.23 feet .to the Southeast corner of Parcel 2, as shown on that certain Parcel Map filed in the office of 'the Recorder of the . County of Butte, State of California, June 27, 1978 in Book 67 of Parcel Maps,. at pages 41 and 42; thence along the East line of said Parcel 2, North 120 06' 0111 East, 74.96 feet, North 010 21 ' 09" West, 78.43 feet, North 09° 38 ' 28" West, 6O. 84 .fedt, and North 170 00 ' 06" West, 118. 27 feet to the Northeast c' orner of said Parcel 2; thence North 260 42 ' 12" West, 223.37 feet to`the North line of lot 2 in said Section 34; thence along said Nortk. line, North 89° 47 ' 18" East, 99. 68 feet to a point at the Southerly corner of the (continued) - 05-21-07 04:19PM FROM-Vancouver.E okeeping 3606931486 . T-689 P.004 F-40T No. 31845 .and described in the deed recorded May 25, 1977 in Book 2174 of Official Records, at page 496, .records of Butte County, California; thence along the West line of the land described in said Deed. reeorded in Book 2174 of Official Records, at page 496, records of Butte County, California; North 15' 53 '. 17P West, 627.28 feet to the Southerly right of way line of Ponderosa Way; thence along said right of way line South 89' 40' 48" East, 31.11 feet to the West line of the parcel of land described in the Deed from Sandra Lynn Duncan to Willis Horn, recorded .March 25, 1977 in Book 2174 of Official Records, at . page 496, records of Butte County, California; thence along said West line South 15" 53 ' 17" East, 626. 98 feet to the North line of said Lot 2; thence along said North line, North 89' 47 ' 18" East 32.98 feet to j a point in the Northeast corner of said Lot 2; thence along the East II line of said Lot 2, South 00' 04 ' 43" East, 919.79 feet to a point on the North line of the land conveyed to Charles Horn, et al, recorded May 14, 1947 in' Book 419 of Official Records, at page 53, records of Butte County, California; thence ' along the North lune of said Horn land, South 87' 33 ' 12" West, 429.44 feet to a point on the East line of the land described in. the Deed recorded July 13, 1966 in Book 1435 of Official Records, at page 125, records of Butte County, California; thence North 12° 57 ' 56" West, 61. 71 feet; thence North 57' .39' 14" East, 329. 90 feet to the true point of beginning. EXCEPTING THEREFROM all mineral rights in said land heretofore conveyed to K. C- Crofoot by Deed from Charles Archer and Delia L... Archer, his wife, recorded in Book 203 of Deeds, ,at page 242, records of Butte County, California. ALSO EXCEPTING THEREFROM rights of way heretofore conveyed to Valley Counties Power Company, a corporation, and to the Pacific. Gas and 1 Electric Company, a corporation . I PARCEL THREE: An Easement for road and public utility purposes over a strip of land 60 feet in width, lying 30 feet on each side of the following described line : COMMENCING at the North quarter corner of Section 34, Township 23 North, Range 3 East, M.D.B. & M. ; thence along the North line of said Section 34, North 89' 53 ' East, a distance of 268.29 feet to the centerline of Nimshew Ridge Road; thence along said centerline South Ol ' 20 ' 00" east, a distance of 904.68 feet to the point of beginning for said centerline; thence East a distance of 792. 95 feet to a point on the East line of the land described in the Deed to Charles C. Creech, et al, recorded July 13, 1966 and recorded in Book 1435 of Official Records, at page 125, records of Butte, County, California and the end of said line . ALSO TOGS= WITH one miners inch of water. END OF DOCUMENT 05-21-07 04:19PM FROM-Vancouver E okeeping 36.06931486 • T-689 P.005 F-40T May 13, 1992 EASEMENT DESCRIPTION FOR NEIL ALLEN All that certain real property situate in the County of Butte, State of California, described as follows: A non-exclusive easement for ingress and egress and for public utilities over a portion of .the Northeast quarter of Section 34, Township 23 North, Range 3 East , M.D.M. , and more particularly described as follows : COMMENCING at the North quarter of Section 34 , thence along the North line of said Sections North 89' 53 ' 00" East., 268.29 feet to . the centerline of Nimshew Ridge Road, thence along said centerline, South 01 ° 20 ' 00" West , 700.00 feet , thence leaving centerline, North 89' 53 ' 26" East, 685.87 feet , , thence South 28.". 29 ' 00" East , 200.00 feet to the TRUE POINT OF BEGINNING for the parcel herein described, thence from said .True Point of Beginning North 57' 39 ' 14" East , 82. 21 feet , thence South 02' 26' 48" East, 101 .65 feet, thence South 87' 33 ' 12" West , 60 .00- feet , thence North 12' 57 ' 56" West , '61 .70 feet to th True Point of Beginning. �rjlANDS��G • Oi4L. S Fp Gordon L. S fields x/40 L.S. 3346 O L 334C, orf OF CA.- EXPIRES 6-30-92 i \ Ii.Z nojgaab plevejo,;.Y Jo Jou.ro.a aeq.tbc,b 41no4 14•,3 11.aulouo.;J..j RxolloJ pe P'aglaosep sj .ouZl:taquaa 95014A 142pjn ul • Ian, 01,101 Ppsl Jo plias a 'eased me aujj .zagvA,aoj ca043o ygjr► • uO.s000 ui Paan aq oq lua•y#gga OAjsnjoxs„uat: s 44jx aa,41061 'bU1::ujra;; Jo Zulod 4,3 qq 1•a6`.j UU•OCL t2s", \(,o ibZ .ye '41JON oau.041 :1.00J 06'6iit". 'ge',; 1% ugno,.; a.,pa .vON,-Pjes ;uCte,o3ua;la #04311P Aue.c•rob 01.71001" Pug app .olJ t'Q1 u .19 s:,po 3sa;. •14•,1 uc. 1uj.cc a 0� 10. ?+ 'lase+ „uZ ,(S .o3 4q.1014 'ldujvUj)lsq Jo gttloc oaJ; ,pjas 1,1914ja3uay:t , ;pv,uj,tpsop µleaay jaoa0a 14.49 JGZ tjutt,vj4sq Jo 1410,0 anJ•3 0141 J9 400J 116o:: w94 'ES .64 glaoll •aujlaegpso ples*5ujae.al aaua:al :3003 (J(,%L'L 'ie . . ,,Ur, ,,C2 .TO 47'•0; Pies buula 1prioy s pjr. M04s•dl: I thence E'aaterlp along th-e south line Or avid '+ebtloh 21, !forth P9' 3P' 12" Fast, 263.34-' eet' to the' cenrnrltno of said water line easement; ttenco Northerly mroliel to tMc renr—ltna or `;ir•etew zc,Ad, Ecrth 03' 1F' 4'.^ West, 192.1r) feet; thence yorthxestnrly oare•ilel with Arid AdjRCPnt tr t' a ::•s-itberly line cr vie oarral. North %* 041 05" 'nest, L"?9.32 feet;' "thence North OT• Q'+' 19" F.eet, 215.27 .feet parallel to t",e '�cst ltne of sAid nrovcie o8rcel; thence North 211' 35' 20" 'list 33.K0 feet pore or lean to the headrate in the P.n. k E: Cotnoany ditch ;,.•—� 11eo tocether with one n1nordtneh o,' water, rot pas 1 Y %. \t( 1i mms _hand_is "V 1/V 2P j� day of Ing S[AT-Or CAiJRKttU. Butte r• eb. . otuy Ribue to and t« mW Seats. Pawa&Qy appeared beowo to O+► to be the ptvma _wbote na_• - Ascrawi to the.rte r+. hohmmeot+sod actmowladged toijt AJC.r ba_�aaeewed tbe.samt b Wmmo my hand so—ameW IU 00 a J �� J�. •' ....• . t�llpfl hth VaD�M1� � ,, '� �yaoY�/0•.w.,,A1.�./t..yfa..n, nk...+w t.........w-A W-W r•�•r U� it 0.9.W%a." r1..T O.A —4 k F..a VW-mm- &-Z41 .► •,,I , /''^{/'✓a/J,4,Y�2" M-_y`- '�' ' '+-�f•t�' " .Gwi.i.l. .r..bd, b.�•..a.. ......... i i i I�•:arded.'ort the recue,t of c i 'f t iiurn to `1THWwltxlY IITtt�»VM1'Ae^sl 1 iR. ...HRS, f',..!.A.I1, LMH .H. ...P....REY...... ................. I,rR 1Z 10 31 M 1916 1.0.2.1......01AXk...8AA............._........._......_. CL! �:1 t ' :. •t ara d 1.9 a,...C a li f............ _.... CC � I 29065 Escrow No. .....) ..... i Graft D"d lJodnt r„,oncy) For value received N.E. CULLETI' AND RUTH C. GLTLLETT, husband and wife, GRANT ... to F. GAIL HUMPIMLY AND GEORGIA MAY IiLMPHREY, husband and wife, as JOINT.TENANTS all that real proper�y situate In the County of Butte State of CoIllornlo, desclbed as follows, Legal descrilr:ion is attached hereto: i ! Being a portion of Lot 1 of Section 34 , Township 23 North, Range 3 ; l Eas+:, M. 1). B. and M. , and more p:articulady described as follows: BEG1NLN ING at the Northeast corner of = iid Section 34; thence aloe g th•e North line of said Section, :youth 890 .'38' 12" West, 737.99 feet to the Northeast corner. of the N•.:1rthwest quarter of Lot 1 of said Sec tion 34,; thence along the East line of the Northwest quarter of said Lot 1; Soul=h 0° 16 ' 32" Went, 663.40 f eet to the Southeast corner of the .Northwest quart-2r of ,said Lot 1; thence along the south lige •.of :laid Northwest quarter, South 880 52' 34" Nest, 732.04 feet to the .vest line of said Lot I.; thence along said West line, South 00 14' 52" East, 251.23 feet to a point 420.00 feet North of the Southwest .. corner of said Lot 1; thence parallel with the South line of said Lot, North 87° 33' 12" East, 196.88 feet; thence South 420.00 feet to the i South line of said Lot 1; thence along said South line, North 87" 33' � ` 12' East, 1289.32 fee: to the Southeast corder thereof; thence along ){ i the East line of said Section 34, Noith 0° 18 ' 12" West, 1290.19 feet I to the point of beginning. "' e • u, F.XCEPTING THEREFROM all mineral rights herrrtofore conveyed in a Deed from Charles Archer, et ux, to Ti. C. Crofoot, recorded August 25, 1 1924 in Book 203 of Deeds, at page 242, Butte County Records•. TOGETHER WITIi a non-exclusive easement fcr road ur oses and public P P utility purposes over a strip of lznd 60.00 feet in width, lying 30.00 feet on either side of a line beginning at a point on the West line of S aid parcel, which point bears North 450 ,00 feet from the Southwest ± 1 corner of said Lot 1; thence from said rnaint of beginning, South 87e 1 33 12" Went, 1272.98 feet to the cel ter.• line of Nimshew Ridge Road. 9 t f .I i i I i i I I I I i I ' Send toi dotemenh to Crantee as shown above Doted Apx 1.�3,.�1y3.k..................... lo.......... �SZ-- D. .. l lett Rut 1 ett......./.. STA!% O/ CAUfORMA G„„,n er fiutte i on 4/1.9n/76 , the undersign..__................. ..._....... I• wow. ». .......... ed ............,a In and F. w;d Ca-,y oe Palh oppwo.d N.E. Cullett..and.Ruth. C. ^UP. IkMary►ve+t ,,.. t:J r� Fl. P- tJ ..how "n e w bA ,It..d ro nv Wi Mw In.iv.rr+,o.d«4.o.r4dJ.d h rry IM t tyy ewetvh,d fse I., �•J I j n.n.rrn•ro...... nnnnllnrunuuutlunw► OrFICIAL 9[AL (X�CLJMENTARY TRANSFER TAX $ 19,80 �,�: WILLIAM D. HOLES U1 . MOI1.t �. .11,0•w CCo—pvted pn Full.Valve of Property Convoyed a: `�_� ►aIwAra11.�..,.% w Inl y Cornlh Ied on full Value lett Lein% end tou/1rnl a J �6. 1970 Enc.,mli,anCet Romeinin9 rhe10on al Time of Sol*. 1�! C.w:rJ.w (rphp L' Northwestern Title Compony Q , of �vttQ FI / ...... ............ ,•,,..t. ,•1 A••b,ont n, o�•n1 d.,.,m.,...q o.• um om. DO OF Notary, went lQ I _ DCl�lh,�� II 1 • Nor1. 4 wcat rr, T i t I c Company of B u t c c CouAfr i ' �. .. . ,,.,,.,,.:,.•��,-...�rear�.arese � �. ------- --- ..r VVV I YVI 31.845 • • ` � � �� All that certain real property situate in the County of Butte, State of California, described as follows : PARCEL ONE: A portion of the Northeast quarter of Section 34, Township 23 North, Range 3 East, M.D.B. & M. , and more particularly described as follows : COMMENCING at the North. quarter corner of said Section 34; thence along the North line of said section, North 894 47 ' 18" East, 265.09 feet to the centerline of Nimshew Ridge Road; -thence along said centerline South 01' 18' 48" West, 699. 23 feet; thence leaving said centerline, North 89* 53 ' 26" East, 685.91 feet to a 3/4" iron pipe marked L. S. 2843 at the Northeast corner of the land described in the Deed that was recorded July 13, 1966 in Book 1435 of Official Records, at page 125, records of Butte County, California and the true point- of beginning for the parcel, herein described; thence from said true point of beginning and continuing North 89° 53 ' 26" East 374.09 feet to a point on the West edge of a Pacific Gas and Electric Company ditch; thence along said West edge South 57" 39' 14" West, 329. 90 feet to a point that bears South 280 29' 00" West, 200.00 feet to the point of beginning. . EXCEPTING THEREFROM all mineral rights .. in said land heretofore conveyed to H. C. Crofoot by Deed from Charles Archer and Delia L. Archer, his wife, recorded in Book 203 of Deeds, at page 242, records of Butte County, California. ALSO EXCEPTING THE rights of way heretofore conveyed to Valley Counties Power Company, a corporation, and to the Pacific Gas and Electric Company, a corporation. PARCEL TWO: A portion of .the Southeast quarter of Section 27, and a portion of the Northeast quarter of section 34, Township 23 North, Range 3 East, M.D.B. & M. , and more particularly described as follows : COMMENCING at the North quarter corner of said Section 34; ' thence along the North line of said Section, North 89° 47 ' 18" East 265.0$) feet to the centerline of Nimshew Ridge Road; thence along said centerline, South 01' 18 ' 48" West, 699. 23 feet; thence leaving said centerline, North 894 53 ' 26" East, 1060.00 feet to a 3/4" iron pipe marked L.S. 2843 on the westerly line of the Pacific Gas and Electric Company ditch and the true point of beginning for the parcel herein described; . thence along the Westerly line of the Pacific Gas and Electric Company ditch, North 444 49 ' 30" East, 119.04- feet; thence North 260 50 ' 20" East, 103. 23 feet to the Southeast corner of Parcel 2, as shown on that certain Parcel. Map filed in the office of 'the Recorder of the County of Butte, State of California, June 27, 1978 in .Book 67 of Parcel Maps,_ at pages 41 and 42; thence along the East line of said Parcel 2, North 12° 06' 01" East, 74. 96 feet, North 014 21 ' 09" West, 78. 43 feet, North 09° 38 ' 28" West, 60.84 .feet, and North 170 00 ' 06" West, 118. 27 feet to the Northeast-corner of said Parcel 2; thence North 260 42 ' 12" West, 223.37 feet to" the North line of lot 2 in said Section 34; thence along said North line, North 894 47 ' 18" East, 99. 68 feet to a point at the Southerly corner of the (continued) I VVV I •VVY f-YVI 0 No. 31845 land described. in the deed recorded May 25, 1977 in Book 2174 of Official Records, at page 496, records of Butte County, California; thence along the West line of the land described in said Deed recorded in Book 2174 of Official Records, at page 496, records of Butte County, California; North 15' 53 '. 17" West, 627.28 feet to the Southerly right of way line of Ponderosa Way; thence along said aright of ' way line South 89' 40' 48" East, 31.1.1 feet to the West line of the parcel of land described in the Deed from Sandra Lynn Duncan to Willis Horn, recorded March 25, 1977 in Book 2174 of Official Records, at page 496, records of Butte County, California; thence along said West line South 15' 53 ' 17" East, 626. 98 feet to the North line of said Lot 2; thence along said North line, North 89° 47 ' 18" East 32. 98 feet to a point in the Northeast corner of said Lot 2; thence along the East line of said Lot 2, South 00° 04 ' 43" East, 919.79 feet to a point on .the North line of the land conveyed to Charles Horn, et al, recorded May 14, 1947 in` Book 419 of Official Records , at page 53, records of Butte County, California; thence ' along the North line of said Horn -land, South 879 33 ' 12" West, 429.44 feet to a point on the East line of the land described in the Deed recorded July 13, 1966 in Book 1435 of Official Records, at page 125, records of Butte County, California; thence North 12° 57 ' 56" West, 61. 71 feet; thence North 57° 39' 14" East, 329. 90 feet to the true point of beginning. EXCEPTING THEREFROM all mineral • rights in said land heretofore conveyed to H. C. Crofoot by Deed from Charles Archer and Delia L. Archer, his wife, recorded in Book 203 of Deeds, at page 242, records .of Butte County, California_ ALSO. EXCEPTING THEREFROM rights of way heretofore conveyed to Valley Counties Power Company, a corporation, and to the Pacific. Gas and Electric Company, a corporation . .PARCEL THREE: An Easement for road and public utility purposes over a strip of land 60 feet in width, lying . 30 feet on each side of the following described line : COMMENCING at the North quarter corner of section 34, Township 23 North, Range 3 East, M.D.B. & M. ; thence along the North line of said Section 34, North 89' 53 ' East, a distance of 268.29 feet to the centerline of Nimshew Ridge Road; thence along said centerline South 01' 20 ' 00" east, a distance of 904.68 feet to the point of beginning for said centerline; thence East a distance of 792. 95 feet to a point on the East line of the land described in the Deed to Charles C. Creech, et al, recorded July 13, 1966 and recorded in Book 1435 of Official Records, at page 125, records of Butte, County, California and the end of said line . ALSO TOGETHER WITH one miners inch of water. END OF DOMENT ._.... ..._... ._..___.�. _.� .......r.... VVVVpJIYVY I-U00 f•UUD r-4U( May 13 , 1992 EASEMENT Dr%SCRIPTXON FOR NEIL ALLEN All that certain real property situate in the County of Butte, State of California, described as follows: A non-exclusive easement for ingress and egress and for public utilities over a portion of the Northeast quarter of Section 34, Township 23 North, Range 3 East , M.D.M. , and more particularly described as follows: COMMENCING at the North quarter of Section 34 , thence along the North line of said Section, North 89' 53 ' 00" East , 268.29 feet to the centerline of Nimshew Ridge Road., thence along said centerline, South 01 ° 20 ' 00" West , 700.00 feet , thence leaving centerline, North 89" 53 ' 26" East, 685.87 feet , thence South 28 '. 29 ' 00" East , 200.00 feet to the TRUE POINT OF BEGINNING for the parcel herein described, thence from said True Point of Beginning North 57' 39 ' 14" East , 82.21 feet , thence South 02' . 26 ' 48" East, 101 .65 feet, thence South 87" 33 ' 12" West , 60.00- feet , thence North 12' 57 ' 56" West , 61,14 .7110feettE4tothn rue Point of Beginning. p LAND S S� V� Gordon L. Sfrields L.S. 3346 ,* L.G. OF CA,��` EXPIRES 6-30-92 it ' A' 2 2 T.23N. R.3E. M.D.B.&M. 1 82 2 - 81 ac 66-36 S ti PM 99-602 I2S7.77 7.99 AC_ m OLD RUSH 73.74 21 K V 75 14.97 AC 1170.76 1 � 7.25 ac '=400' ..4 - NI AseromaPPrrcreesd sfloarm locromartyy ot05 es., 4, Sa.14 canply with State and local subdvisim orifi ames. No DaW 4 ity 14.72 ACt is ossuned for use of information shown an an yy Assessors'map. PM 70-13' 4 3.07 AC ALL ACREAGES APPROXIMATE PER RECOLD INTOINTI@t 1259.07 PM 63-69 957.53 301.49 86 N9 PM 65-40 535 2 1269RS95 E 3 A 5 5 3 I RS 133-84 �7.4aS 64-01 6.19 ACt 449 `L 1� 161.17 . ,( a ss OX AC 1.39 AC 9 200 20D 150.72 206 wAY 54 3.67 AC 24.89 AC O 10 l.ss Ac' %219 Q a �, �, •,�> N ��, ] 1.5 AC 3.48 AC .04 A 562.1 AC 6RS 90-43 _ 2.20 AC O96... 3.u.io 208 3.41 AC 2.9 AC 2.9 AC 3.21 AC 3 AC 7.16 AC 4915SRS22 166RS75 9.46Ai5.29Act 97 98 240 m 200 7146 327 26 4 35 "- .3fACf: _� .15 se 3e' 29 5 Ac 173.6416 737.99 g4'47'2814g4'47'2814 '7p 99 sas3 ^' Eos 17 2827 - 463 635.18 33 34 11.65 ACt '4S O 1 2 O S ' 65 'Z 5,6 Ac O 92 Ins I58Rs22 95 - $ 3.01 Ac 66 ' 8 3.25 ACt PM 67-41 10.38 AC 52 RS 96-29 1186.54 RAC± � � .1 � 1156.51 1206 ,( USA 4.2 AC 7 4 29 AC 11�� a 16 s.as ac $ 1060.09 a IJP _ 21 J65 320.67 ., O - O Z I.6 AC 32 933 1.8 AC 41 A 4.42 ACt R N196.66 47.50 ACt V O W I 394. 20 12.87 A 2.14 AC RS 96-36 $ 35 36 2 nc m 39 401 101.06 1165.73 59..5 6 AC Butte County Assessor's Map 1.39 AC 19 67 6e 4 AC Book 66, Page 36 4.85 AC 83 147633 _ 91 .23 AC Q 1269.37 SZ RS 124-38 �o s66z73 7 CREATED BY CREATED ON 10-Ig97 REVISED BY III REVISED 11 1-28-2007 EFFECTIVE 2007-08 ROLL Previous Book 57, Portion Of Pae 26 �ewn't5 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — October 11, 2007 Applicant: Neil E. & Cindy Allen Location: At the eastern terminus of Pine Canyon Road, 2.3 miles Owner: Same south from the intersection of Nimshew Road and Centerville Road. File#: DET07=0010 Supervisor 5 District: Request: Legal Lot Determination/ Project Steve Troester Conditional Certificate of Planner: Senior Planner Compliance G.P.: AR Agricultural Residential Zone Date April 14, 1998 Zoning: AR 2 '/2 Agricultural Parcel Size: 0.81-acres Residential 2 1/2-acre minimum APN: 066-360-041 Attachments: A: Resolution with Exhibit A B: General Plan/Zoning Map C: Creation Deed (July 13, 1966; Document#1435, pages 124 & 125) STAFF COMMENTS: The subject property was created by deed on July 13, 1966 contrary to the Subdivision Map Act and Butte County Subdivision Ordinance,by a Grant Deed recorded in Book 1435 of Official Records,at pages 124 and 125. At that time, divisions of lana that resulted in four or fewer parcels could be effected by deed. However, county code did require residential parcels to meet, at a minimum,the following criteria: • Frontage on a publicly maintained roadway, or created with a 60 foot access easement, or equivalent extension of the parcel,to a publicly maintained roadway. Parcels may be created with smaller easement widths, or equivalent extensions, with approval of the Planning Commissioner a board adopted ta�edefming easement widths required based upon size of parcel. • Minimum parcel size shall conform to zoning; where no official zoning district adopted; minimum parcel size shall be 8,125 sq. ft., with a 65' minimum width. Regardless of the above, minimum parcel size must meet Health and Sanitation requirements. ■Butte County Department of Development Services■ ■October 11,2007 ■Allen DET07-0010 ■Page 1 of 7 ■ '' un,,,,�,,.... .... �� tv '6a� 1� It appears that the parcel size zoning requirements were met (the parcel was zoned A-2 in 1966). This parcel did not appear to have any deeded access rights to a publicly maintained road until 1989 when conveyed to the Allens by the Grant Deed recorded August 28, 1989 as instrument no. 89- 32340. The easement contained in the Allen's Grant Deed describes Pine Canyon Road. It appears that assessor's parcel number 066-360-041 does not front on, but merely "touches" Pine Canyon Road and therefore needs additional easements to establish a 60 foot continuous strip to Nimshew Road. his DET application parcel abuts (to the east) APN 066-360-��63, which is the subject of Butte County DET 07-0011. p ANALYSIS: �� • The subject property was created by deed on July 13, 1966 contrary to the Subdivisiog4 Map Act and Butte County Subdivision Ordinance. ® • Staff believes that the parcel was zoned A-2 at the time of parcel creation. • The parcel size is consistent with the requirements of the previous A-2 zone. • The land use designation Open Area(Grazing and Forest)that existed at the time of parcel creation did specify a minimum parcel size. • The parcel is currently vacant. • The Environmental Health found that soils in the parcel area allow for 50 feet per bedroom double rock septic systems. Previous well and septic permits have been issued on this parcel. Wells can be relatively deep in the area, but produce adequate water for a single family dwelling. No soil mantels testing is required. • The parcel does not front on a publicly maintained roadway, nor does it have a 60 foot access easement,or equivalent extension of the parcel,to a publicly maintained roadway. Therefore this parcel needs additional easements to establish a 60 foot continuous access strip to Nimshew Road,which is a County maintained road.This requirement.is noted as a condition of approval here attached. BUTTE COUNTY DEPARTMENTS AND OTHER AGENCIES REVIEW • The project was reviewed by the Butte County Public Works Department, Environmental Health Division, Fire Department/CDF, Agricultural Commissioner's Office, LAFCo, and the County Assessor's Office. • Comments/conditions received from Butte County Departments and other Agencies were reviewed and incorporated into the proposed project conditions. CEQA REVIEW: 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 AR 2 1/2 (Agricultural Residential 2 1/2-acre minimum) zoning of the property. The AR 2 1/2 zoning designation allows limited uses consistent with construction of a single family home and construction or conversion of small structures as described in section 15303. Subdivision of the parcel is not feasible given the existing lot size. Use permits, ■Butte County Department of Development Services■ ■October 11,2007 ■Allen DET07-0010 ■Page 2 of 7 ■ �t ■ ■ 1 1 1_ ■ 1.• .1 1� 1.. .1 I• . ■ 1 11 1 • 1 Iv tac •� —� + ti ��. ti AA 1p 1 l Pine C; anyon Dr t 0 •1 11 1 . 0 1 it 1 • 0 LEGAL LOT DETERMINATION DET07-0010 WHEREAS,the Planning Commission has considered Legal Lot Determination DET07-0010 for Neil E. &Cindy Allen,in accordance with Chapter 20, Section 160;Article VII,Violations and Certificate of Compliance,of the Butte County Code on Assessor's Parcel Number 066-360-041;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 11, 2007; and WHEREAS,the Planning Commission has considered a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under Section 15303. The AR 2 1/2 zoning designation allows limited uses consistent with the new construction or conversion of small structures as described in section 15303. No subdivision of the property is feasible given the existing lot size. A. Because the project is exempt from the provisions of CEQA,the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. B. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Makes the following findings and approves Conditional Certificate of Compliance DET07-0010 with the conditions as set forth in the attachment (Exhibit A) to the resolution. A. The parcel size of 0.81-acres is in conformance with the zoning at the time the parcel was created, and was consistent with Butte County General Plan land use designation of Open Area (Grazing and Forest) that existed at the time of parcel creation, which did specify a minimum parcel size. B. The Conditional Certificate of Compliance for the parcel will not be detrimental to the health, safety and welfare of the surrounding area. ■Butte County Department of Development Services■ ■ October 11,2007 ■Allen DET07-0010 ii Page 4 of 7 ■ DULY PASSED AND ADOPTED this l lth day of October, 2007,by the following vote: AYES: NOES: ABSENT: ABSTAIN: NINA LAMBERT, Chair Planning Commission County of Butte, State of California ATTEST: .TINA BONHAM, Secretary Planning Commission County of Butte, State of California i ■Butte County Department of Development Services ■ ■October 11,2007 ■Allen DET07-0010 m Page 5 of 7 ■ 0 EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APN 066-360-041,DET07-0010 I. CONDITIONS OF APPROVAL: 1. Plaee the rtificate of Compliance: hrovide two-way traversable access to the parcel from a publicly maintain roa -or state highway as defined in the County Code 2. whig MiLviniational notep lance: `YProvide 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.'4 3. Place the following informational note on the Conditional Certificate of Compliance: "Construction. Installation or development of buildings and/or roads,driveways,gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations - Public Resources Code 4290 and 4291 and current Butte County Improvement Standards, whichever is stricter." 4. Pay the recording fee in effect at the time the Conditional Certificate of Compliance is recorded.The current fee is$7.00 for the first sheet plus$3.00 for each additional sheet. The estimated current cost for recording this Certificate is $10.00 without conditions, $13.00 with conditions. This cost estimate is based on 1 page notification(first sheet), 1 page of legal description attached as Exhibit"A", and 1 page of conditions attached as Exhibit`B". County Counsel 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. n Butte County Department of Development Services ■ ■October 11,2007 ■Allen DET07-0010 ■Page 6 of 7 ■ BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: DATE: AGENT: APN: FILE#: DET07-0010 PLANNER: PROJECT DESCRIPTION: a Legal Lot Determination for a parcel created by deed. Required for all Certificates of Compliance: Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is $7.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is $ 10.00 without conditions, $ 13.00 with conditions. This cost estimate is based on 1 page notification(first sheet), 1 pages(s)of legal description attached as Exhibit"A",and 1 page(s) of conditions attached as Exhibit"B". Public Works Conditions: A. STREETS ® 1. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. ® 2. Provide approved access to the parcel from a publicly maintained road or state highway in accordance with the County Code. Minimum easement width to be 60 feet. y} Oi Ott I ii Recorded at the request of - - •— � ft -CORDED CORDED AT THE RE(2V= Oti , NORTHWESTERN TITLF. COMPANY 9�1) NORTHWESTERN TITL ......................................................................... Return toOn n OFFICIAL RECORDS OF BUTTE COUNTY, CALIFORNIA Z ( } MS, �icordvOR7CR � • Escrow No. ....... 13.50 Cranfi ®end n l For value received .NEFLYtE.•GULLETT-and,RUTH, C.-•(3ULLF:TT,•••hia wife 1 • t GRANT_......toCHARLES.C.-CREECH and X.ESLE.H..CREECH,..his wife,.as . ,_... ... Joint Tenants, as to an undivided one-hwlf interest AND NADYNE KEPPLE, a widow, as to an undivided one-half interost of I ' all that real property_situate.in the :.:;. .-:_. .,..•. ...< :c county of Blit t e a, i s n ts'. :.. State of+Califoml dean hed a fo0ovrr:r � Being a portion of Loo.1 of the Northeast quarter of. Section..34, Township 4:;; 23 North, Range 3 East, M. D. B. & M., and cora particularly described as follows: r COMMENCING at the North quarter corner of said Section 30 ` ` thence_al_ong. oh-853Ea the�tertheNortTi_line theraof; Nf ' line`ofi Nimsheoa Ridge_Roani thonce aalong sold`-Tioad�center line.South - _ _ `0"T° _20'00"west, •700.00feet to the Southwest corner of a parcel of _ land described in a'Depd_to Lucia M. Peterson, recorded March 1, 1930 in B6W_40 of Official Records, at page 480 and also being the true,poin_t I of beginning for the parcel of land described herein; thence from said tru'"'a point of beginning, continuing Sout'.i`016 20'• 00—" West -long said road center' line, 4,4,7_.;36 feet-to appoint. in the Westerly extension of. the. . _�� North line of a parcel of land described in a Deed to Buss Suit, et a)., recorde_d April 2, 1959 in Book 989 of Official Records, at page 511; thence North 8.7'33' 1.2" East and parallel to the South line of said Lot 2, and along the-North--line line of those two parcels of land conveyed i .ten_ tt in Deeds touss Suit-et al recorded April 2 1959 in Book 969 of + I° _B S ' Official Records, at page 511 and recorded May 6, 1958 in Book 939 of +' ` Official Records, at page 428, a distance _ . of 802.08 feet to a point in ` the West line of a parcel of land r.onveyed-in a Deed to Charles_Samuel Horn, et al, recorded May 14, 1947 in Book 419 of ,Official Records, at paq? 53;--thence North 01° 20' 00" East along the West-line-of-the afore_ ( "' mens t ned Horn parcel, a dis anco of 178.43 feet to a point;- thence .North---.. . 12" 57' 56" West, 61.71 feet to the most - Southerly point of that parcel �`:` .•. 61 land-described in the Deed to Lucia M. Peterson, referred to herein- ' above; thence along the Southerly boundary line of said Pete � rsonparcel, i 1 Nor..h`28 29 00 West, 200 feet F_o a point; thence South 89° 53 26" r •�. a';, .•,�;"%ti-s•nx• `":`'iR7:yq*'&A'•I f!,�i :.y,:'1 •. ssirmY'-`( id..t'"- ��{ �� : :t.,•,cnut.I T )� fere., •y�•�i`` r'X.c4>�yclAn4ls •s>r `. �1ae[ •?iP.l' :sf`+.F.'xr`r•'.'i.�7,[{Iy$'1f�CN'.�j ■,,,I .4� i•Cw.w>d 1iry �y .'�,��1J w. i6i �tyP ��6L3h�:1'i �� E ' q.•m,..m...�. r..w, c..,�......,.�o.�c,�.u.wraaxw_ ..ova fl' d ` f 1 •i 1 1 i I if ` North 280 29' 00" West, 200 feet to a point; thence S,outh_89_65.3 ..26_" West along the South line of said Lucia-Peterson parcel.-a_distance of 66 7 feet to the true point of beginning. g EY.CEPTING THEREFROM that portion lying within said Nimshew Ridge Road. ;at. t6s ' RESERVING THEREFROM a non-exclusive easement for road purposes-and public utility purposes over- a_strip of land 60100 feet in width lying_30.00 feet on either side of a line begineiing ata po"fntitn-the West line of i the aUove'described_parcel, which. point bears. South.01° 20—' 00—" West, 204.66 feet frem._the Northweat corner thereon; thence from said point i of beginning, East, 792.95-.feet-to•the' East line of said parcel. ' �, ! i 1 f 1 I f I i ; i I I � I Doted .......Ju l.3f..!L............................... 19-b.�.... . ; :. �: .: .. ............._......... STATE OF CALIFORNIA .........................County of Butt .. I iOn............._duly.._6......._.................._:............_........ 195.5........beforema...._...._h1Ye.ts..1�.....Qz'i(.agz, In and for said Con and State, tsomi appeared n ae aaro L....G Boahata.and.Maryr_d...&lnham..-.-.....__..............-- ........ .................................................................._..............._............................................._.....................................................p.'�� known me Iv be the Perron D........whose name 8.... AabKr1btd to the wllhln Instrument,and acknowledgedto e IMI...,!t. s61n0.-• my ramm,ulor ...._............................... c� ..�>,.'.....: C.OF,- ;t u10 4 +. ' - Notary Nib! Northwestern Title Company of Butte Coun'i O y� Butte County Department of Development Services oUTTF0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR 0 0 0 0 7 County Center Drive o - `�_ Nv 0 Oroville, CA 95965 0 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION * BUILDING* PLANNING June 1,2007 4f Cey � TO: Enter Agency or Department 0� FROM: Steve Troester,Butte County P ping Division SUBJECT: Request for Comments o evelopment/Land Use Application APPLICANT: ALLEN NEIL E & Y, DET07-0010 APN: 066-360-041 DATE OF Inter-Departmental Review: 6/13/07 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: 6/11/07 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: 6/28/07 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 6/13/07, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Legal lot determination on +/- 0.81 acre parcel in the AR 2 1/2 zone. COUNTY SUPERVISOR DISTRICT NO.: 5 ZONING: AR 2 % GENERAL PLAN: AR If a response cannot be submitted prior to the due dates listed above, please call Steve Troester at 538-7153 or send him an email at stroester@buttecount�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: Eric Schroth Date: 6/19/07 ❑ Yes Name: Date: 1. Provide creation document for APN 066-360-063 i 2. Provide 1435 OR 125. GAPROJECTSUrakit Merge DocumentAREQUEST FOR COMMENTS.doc i a y WKl'$i' ,h`,s, 2^,y��'"��.lt-:'�"•r�{:}''��e.,F!`��a��•f.,,'" i.:''.�,�.1 �"��•�;'�'�.�`ij�'s�v'-.1,',r�',7;�,<'�a�.ti}1,'*"��•�:l,�.yi+ . ;r��!:��,t.tYr�,�4,..:,,�y�,�:G:�W.x��y;Qti•'t'f S t✓ P e:.G- '�'�','�. I.- yY "'*►a:'tu i?'�,� r a h'f f•� 1•r M ,i -,..k a v 'C� j' s'�" ihP1 ..t t'3�" a..ic:u a rf Yi,;s+c�4,P�.y ar"`3Mn% , �Jry► ' a ",•?._�.fs Wq.•�� i'+'^{ �#��, .«.tw.Z7}fir .�,+"'��Yt'S�'��..1�•+ � � �, ��,, vc i,g -7,v v'i�-{!'••�� tft-do 1•,'V� ay��: -��,*. to �.7 ,r �• tar �' a. � !Y�.+'�+�:'y ig� P -•�,,.`•�r+el��.. �;. St�.., 1�.'.1". rk ':y;�y't,<7kr `T`.3 .�.:� �¢�*'•sl �� f<,'r ,r;, . •%Kif j.r 3 i••4 R.',�,' rr �ar W�y�, t7 ��I r'��s:�'� :�.�1^��t r��i�.*•rrr';Zs'�:-'r-' ��,�M �` ♦' ;k iM%hy� r•N' Nh.--y�w:TL Y,�p•' t J•'4.:�et;4 .1�i',,.r.-- i.� f i�.�.�dL � .�,� �i`� �� ;rte►: ``{. � •�ibr �f�••�y _i,_ ,�i=i��. .1#,��ryta�`��..�,i�..�+tt'i; )• .i:-:' .n`✓ve"L�sS�, �"•s',li; .�'i...S:�"_'!; r� >"�. { - ....a t -•r •.�. �uw•{ �� .,.. •f Cyt �C.,.r'�fa'��`"u '....Y.�g„►,'�:::..`'�.7„t�,,�.f•s^y��«r�.�.�f:� �r va.•<�. al 11 1.� 1 a j r 4 1 f n , ,i t 1 �i i' .Is 1 i. 1 .p oDe trrient of Publ o cc Works �UTTF / C o u n t y o f B u t t e , o +o 0 l° C J.Michael Crump,Director Land Development Division o a 7 County Center Drive cDU N1 Stuart Edell, Deputy Director Oroville,CA 95965-3397 A�Q1-1C W �9 (530)538-7266 (FAX)538-7171 July 18, 2005 Stephen Serra Fidelity National Title 17911 Von Karman Avenue, Suite 300 .. Irvine, CA 92614-6253 RE: Neil and Cindy Allen Parcels AP 066-360-041 &063 Dear Mr. Serra: Upon review of the "creation deeds" provided by you under the cover of your letter of June 27, 2005, we have determined that Assessor Parcel Numbers 066-360-041 and 066-360-063 are two separate parcels. However, based upon these "creation deeds" it appears that neither parcel was created in conformance with the county code in effect at the date of each parcel's creation. Assessor's Parcel 066-360-041 According to the deeds you provided, this parcel was created July 29, 1966, by Grant Deed recorded in Book 1437 of Official Records, at page 301. At that time, divisions of land that resulted in four or fewer parcels could be effected by deed. However, county code did require residential parcels to meet, at a minimum, the following criteria: • Frontage on a publicly maintained roadway,or created with a 60 foot access easement, or equivalent extension of the parcel,to a publicly maintained roadway. Parcels may be created with smaller easement widths,or equivalent extensions,with approval of the Planning Commission,board adopted table defining easement widths required based upon size of parcel. • Minimum parcel size shall conform to official Zoning;where no official Zoning District adopted; minimum parcel size shall be 8125 sq. ft.,with a 65'minimum width and a 125' minimum depth. Regardless of the above,minimum parcel size must meet Health and Sanitation requirements. We did not find any find any approvals by the Planning Commission regarding this parcel. It does appear that the parcel size zoning requirements were met (the parcel was zoned A-2 in 1966). We did not research compliance with the Environmental Health Departments health and sanitation requirements. Solely based upon the deeds you provided; this parcel did not appear to have any deeded access rights to a publicly maintained road until 1989 when'conveyed to the Allens by Grant Deed recorded August 28, 1989 as instrument no. 89-32340. The easement contained in,the Allen's Grant Deed describes Pine Canyon Road. It appears that assessor's .parcel number 066-360-041 may not front on, but merely "touch" Pine Canyon Road and may need additional easements to establish a.60 foot continuous strip to Nimshew Road. KED Projects\COC-NOC\Allen 066-360-041,063 071805.doc Stephen Serra July 18, 2005 Page 2 of 2 Assessor's Parcel 066-360-063 According to the deeds you provided, this parcel was created January 24, 1972, by Grant Deed recorded in Book 1730 of Official Records, at page 479. At that time, divisions of land that resulted in four or fewer parcels could be effected by deed. However, county code did require residential parcels to meet, at a minimum, the following criteria: • Frontage on a publicly maintained roadway, or created with a 60 foot access easement,or equivalent extension of the parcel,to a publicly maintained roadway. Parcels may be created with smaller easement widths,or equivalent extensions,with approval of the Planning Commission,board adopted table defining easement widths required based upon size of parcel. • Minimum parcel size shall conform to official Zoning;where no official Zoning District adopted; minimum parcel size shall be 8125 sq. ft.,with a 65'minimum width and a 125' minimum depth. Regardless-of the above,minimum parcel size must meet Health and Sanitation requirements. The size of this parcel would have necessitated a 60 foot access easement and equivalent parcel extension. We did not find any find any approvals by the Planning Commission regarding this parcel allowing a smaller easement or extension width. It does appear that the parcel size zoning requirements were met (the parcel was zoned A-2 in 1966; current zoning is AR 2 %2). We did not research compliance with the Environmental Health Departments health and sanitation requirements. Solely based upon the deeds you provided, this parcel did not appear to have any deeded access rights to a publicly maintained road at the time of creation. This parcel fronts on Ponderosa Way, a private road, and did not appear to have a deeded right to use Ponderosa Way until the execution of that Grant of Easement and Agreement for Road Maintenance recorded March 2, 1977, in Book 2149 of Official Records, at page 140. Again, based upon the information you provided, it appears that both the subject parcels were created without the necessary deeded access to a publicly maintained roadway. It is the County's position that a parcel not created in conformance with county code can only be brought into conformance, and thereby developable, through the Certificate of Compliance process. It is our recommendation that you contact the Planning Division of the Department of Development Services to proceed with an application for Legal Lot Determination for each parcel, resulting in a Certificate of Compliance. If you have any questions regarding this matter, please do not hesitate to call. Michaels, Deputy County Surveyor cc: Chris Tolley—Planning Division 4b EHS TRAKIT Notes: (6/12/2007 16:35 DWJ) previous septic and well permits issued on this parcel. Area peres. allow for 50ft per bedroom double rock. 'Wells can be deep, but do produce adequate water for a single family dwelling. No soil mantels required. Application complete Si . I BUTT OUNTY DEPARTMENT OF PUBL�I EALTh WISION OF ENVIRONMENTAL HEATrH 196 MEMORIAL WAY 7 COUNTY CENTER DRIVE 747 Ems, ROAD CHICO, CALIFORNIA 95926 OROVILLE, CALIFORNIA 95965 PARADISE, CAST 14195969 (9161891-2727 (916( 538-7281 (916) 87p APPLICATION FOR PERMIT TO CONSTRUCT A SEWAGE DISPOSAL SYSTEM Owner's Name Weil E. std C,�� L'. 4[le i Assessor's Parcel No. OQ_ 3�.— 4 Applicant's Name ly e i l G- ic—d L'IN Z, L- 40,e-v-\ Phone No. ( q`t 4 - 0439 �`11� � yla\ati Mailing Address 1. Construction Site ?l i- . CC�-kj o--L-- Dr (Street and number or direction and distance to nearest crossroad) r�'P BUTTE COUNTY DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH SEWAGE DISPOSAL PERMIT '} � '►�' ~---; 196 MEMORIAL WAY 7 COUNTY CENTER DRI yIE CHICO, CALIFORNIA 95926 747 ELLIOTT ROAD OROVILLE, CALIFORNIA 95965 PARADISE, CALIFORNIA 95969 Phone: 538-7281 Phone: 891-2727 Phone: ne: 872-6308 Date Issued ��-�` �• �� ,[� r J EXPIRES ONE YEAR FR�DATE OF ISSUANCE l ' � l Permit Issued to /q r � To construct a sewage disposal system for: Located at: SEPTIC TANK SYSTEM REQUIREMENTS Septic Tank (Inside Measurements) Leaching Field Length: . . . . . . . `� . ft. Total Length: . �. ft. t Width: . . . . . . . .'( ft. Trench width: . 1. inches Liquid depth: r``. ft. Minimum No. of lines. Liquid capacity: 10A.0. gals. Rock under tile . inches { , r Special conditions: t-+� F4 *� el X n -.A- Additional leaching field will be required if experience shows it to be necessary. No part of the system may be located within 50 feet of the center line of any County Road. NO_l .Sat,isfactor-y—inspeetion-by-the-Health-Department is required before backfilling or putting the system into use. Occupancy of a new building is not permitted until the system is approved. + Permit Fee S Penalty Fee S Total Fee-S 1-3tS- - Building Sewer Fee $ Issued By: Sanitarian j Receipt P No. "t / ! ___. �� i t`Y-- 3��f � „SIJ' - S31.2F8R �~ , �. BUTTROUNTY DEPARTMENT OF PUBLI EALTH DIVISION OF ENVIRONMENTAL HEALTH_ 196 MEMORIAL WAY 7 COUNTY CENTER DRIVE 747 ELLIOTT ROAD _._._ CHICO. CALIFORNIA 95926 OROVILLE, CALIFORNIA 95965 PARADISE, CALIFORNIA 95969 (9161891-2727 (9161538-7281 (9161872-6308 APPLICATION FOR PERMIT TO CONSTRUCT A SEWAGE DISPOSAL SYSTEM _ Owner's Name e_'t t E- �;�A C� AL, L. 411e✓r Assessor's Parcel No. ('(° 3�- 4 I Applicant's Name N e-�I C- c,....d C�L, t_- 4 It e-v,\ Phone No. ( Ro,%� g q`f -6439 Mailing Address 14 l a - 1> y./CL�0-"t Place 4zy,6 i"l i. , 1. Construction Site �I t OG�wx- Dr, (Street and number or direction and distance to nearest crossroad) 2. Lot Size feet x feet. o acres 3. APPLICATION FOR: New system for new building Auxiliary or secondary system ❑ Repair of or addition to old system ❑ New system to replace existing facilities ❑ i'6 4. Type of building to be served by proposed system: Mobile Home ❑ (size No. Bedrooms Garbage disposal? House X No. Bedrooms Garbage disposal? Other ❑ (specify) 5. Water supply for premises: (Must be safe, potable water) Community ❑ Private well 1 Other Water supply for ajoining properties: Community ❑ Private well Other 6. WORKMEN'S COMPENSATION INSURANCE ❑ 1 have placed on Ille with the County of Butte a certificate of Workmen's 1 am aware of the provisions of Section 3100 of the California Labor Code. Compensation Insurance. Which requires every employer to be Insured against liability for Workmen's Compensation. I certify that In the performance of the work for which this permit Is Issued I shall not employ any person In any manner so asto become subject to the Workmen's Compensation Laws of California. SCALE PLOT PLAN TO BE FURNISHED - r Sketch to scale on reverse side hereof, or attach scale sketch of plot plan of the premises showing: a. Property lines. e. Show direction and approximate amount of slope. b. Location of all proposed and existing buildings, f. Source of water. ay structures, driveways and parking areas. g. Water lines. c. Location of large trees, rocks, or other obstacles. h. Set back lines and easements. d. Location of any well, spring, creek or other body of i. Proposed sewage disposal system and area for i water on the parcel and within 100feet of property line. replacement. I hereby state that the information above and on the reverse side hereof or attached hereto is correct and true to the best of my knowledge. I understand that the permit must be obtained before any construction is "M begun either on the building or on the sewage disposal system,and that a satisfactory inspection of the system is required before the new building or dwelling may be occupied or the system backfilled,or put into use.I also . understand that a safe potable water must be supplied to the new building or dwelling before occupancy can take place. � �� ew ned - '�T Owner Authorized agent ❑ Licensed contractor ❑ to -S `�2J (An original letter of authorization must accompany this application in order for an authorized agent to sign.) c FOR OFFICE USE ONLY al parcel? Zoning Use permitted? gess Rcpt. Ni I Amount - - - ° er plans cleared Potable water ment `''µ 79R 1�3utte County Dep*ment of Development �vT Services o 00 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 � J�> 0 7 County Center Drive 0 —- 0 Oroville, CA 95965 c�11Nty (530) 538-7601 Telephone (530) 538-7785 Facsimile June 5, 2007 To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: ALLEN NEIL E & CINDY,DET07=0010 Planner: Steve Troester APN: 066-360-041 Location: At the eastern terminus of Pine Canyon Road,2.3 miles south from the intersection of Nimshew Road and Centerville Road. 30-Day Complete 6/22/07 Date of IDR 6/13/07 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 6/13/07., Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting, regarding completeness of application. What is needed to make the application complete? 'I X YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. PLEASE SEND YOUR RESPONSE TO: stroester@buttecounty.net Signature: Darren Read Department: CDF Date: 6/l/07 UPlanning/Projects/A New File/IDR Memos/lDR Completeness 8/30/05 BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: ALLEN NEIL E&CINDY, DATE: 5/23/2007 AGENT: APN: 066-360-041 FILE#: DET07-0010 PLANNER: Steve Troester PROJECT DESCRIPTION: Legal lot determination on+/-0.81 acre parcel in the AR 2 1/2 zone(4-14-98). Required for all Certificates of Compliance: 4 Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is$7.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is$ .00 without conditions,$ .00 with conditions. This cost estimate is based on 1 page notification(first sheet), pages(s)of legal description attached as Exhibit"A",and page(s)of conditions attached as Exhibit"B". Health Dept. Conditions: Prove that adequate quantities of domestic water for a single family residence are available to the parcel. Prove that adequate sewage disposal area for a single family residence exists on the parcel. Provide a"will serve" letter from verifying the property is within their district boundaries and that they are willing and able to provide sewer service to the subject property. Provide a"will serve" letter from verifying the property is within their district boundaries and that they are willing and able to provide water service to the subject property. Provide evidence that there are adequate quantities of potable domestic water available to property in accordance with section 12 of the Subdivision Ordinance Improvement Standards. _ Provide evidence that there is adequate useable sewerage disposable available to property in accordance with Appendix VII of the Subdivision Ordinance Improvement Standards. Public Works Conditions: Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. Provide approved access to the parcel from a publicly maintained road or state highway in accordance with the County Code. Minimum easement width to be feet. Verify legal access to the parcel from Provide documentation from the State Department of Water Resource Division of Parks and Recreation allowing the use of as access to the parcel. Fire Dept.: _X_ Construction, installation or development of buildings and/or roads,driveways,gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290,4291 and current Butte County Improvement Standards,whichever is stricter. Prior to construction,a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet,hydrant size inches,and residual fire flow of GPM. Fire hydrant identification,road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded,prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. _ Place a note on a separate document and recorded concurrently with the Parcel,Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D,unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating"Automatic Fire Sprinklers conforming to NFPA Standard 13D required"is to be added to all affected building plans. _ In lieu of hydrant installation,prior to recordation of the Parcel or Final map,payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. _ Prior to building construction,provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. _X_ Place a note on a separate document,which is to be recorded concurrently with the Parcel or Final map,or on an additional map sheet stating,"Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. _ Prior to any lot clearing activity or cutting of trees,contact the Butte Area Forester at(530)872-6353 to determine the need for a less then 3 acre conversion exemption permit or a timber harvest plan. I Butte County Depment of DevelopmentAUT rF Services 00 00 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR 0 0 o - o 7 County Center Drive 0 '- 0 Oroville, CA 95965 c�U14 (530)538-7601 Telephone (530) 538-7785 Facsimile June 5,2007 i To: Inter-Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: ALLEN.NEIL E & CINDY,DET07-0010 Planner: Steve-Troester ` APN: 066-360-041 Location: At the eastern terminus of Pine Canyon Road,2.3 miles south from the intersection of Nimshew Road and Centerville Road. 30-Day Complete 6/22/07 Date of IDR 6/13/07 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,6/13/07!, Do you find this application complete? X IYes. Conditions and/or mitigation measures are attached or will be provided at the IDR meeting. No apparent adverse agricultural issues, no other conditions or mitigating measures. Signature: RQ6ert C. Ifta Depyq . Commissioner Department,-...—_A ricultur Date: June 4,2007 KRIanning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 DROP BOX COVER SHEET All of the following information must be completed. Writing must be legible. TT� Coin JUL 2 0 200? Date: _ - D ~ M DE1 Lpy..1ENj Assessor's Parcel Number: Owner and/or Applicant: Permit/Application Number: E-Mail Address: Contact Phone Number: Directed to (Staff Person): --� �5 I-C C J7 Z 0 `dr Fidelity National Title Company 6141 Center Street Paradise,CA 95969 11-4 C� e /e,.2r,J6,C lei V Y at feC-or)vo/_ jo C S i . ` BUTTE COUNTY Butte County DepxtnentofDevelopmentSer0 vices JUL 2 0 2007 o��TTFo 0 Tim Spellings,Director O _ /� o DE VELOP11AENT 7 County Center Drive SERVICES O -'• O Oroville,CA 95965 O 'y•�- =�= O (530)538.7601 Telephone (530)538.7785 Facsimile ADMINISTRATION * BUILDING * PLANNING June 25, 2007 ALLEN NEIL E&CINDY, 2709 NW 140TH ST. VANCOUVER, WA 98685 REGARDING: "Incomplete"status of Legal Lot Determination DET 07-0010 APN 066-360-041. - Dear Mr.and Mrs.Allen: Pursuant to Section 20-62 (1 and 2) of the Butte County Subdivision Ordinance and Section 65943 of California Government Code, Title 7, Division 1, the above referenced project was deemed "incomplete" on June 20, 2007. The Land Development Division of the Department of Public Works is requiring that you submit the following: 1. Provide creation document for AFN 066-360-063 2. Provide 1435 OR 125. Please contact Eric Schroth, of the Land Development Division of the Department of Public Works should you have questions or require additional information on this determination at 538-7266. We must therefore declare that the project application is incomplete. This application will remain incomplete until such time as the Butte County Land Development Division of the Department of Public Works receives and approves this 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) 538-7153, or via e-mail at stroester@buttecounty.net. Steve Troester Associate Planner ; Forrest Lindgren 7020 Skyway Z" Paradise, CA, 95969 c CC: Eric Schroth, of the Land Development Division of the Department of Public Works �...,�.. .�`' r'�r BUTTE COUNTY • �� i RECORDING REQUESTED ST BUTTE'.OUHTY'CALIF R.::�f+U f150UF T 0 By. . r— AND WNCN ACCORDED NAIL TO "(firm .M.rf�IY I E W. NAM. r N. E. Cullett OCT,14, 1135 1II��i 11970 A,,.,.. 3530 Neal Road LOUISE RuviDER C."0, Paradise, California 95969 COUNTY RECORDER "Al"L J fEE Title Order No— No SPACE ANOVE THIS LINE rOR RECORDERS USE MAIL TAX RAT.M.MTX TO eocuxtcTaetr n:r.x:>:cR TAX s-210_ij,��• N.M. ❑COMPMDOu%'LL v..:"t OF rrOr..M Cotiv^rrii,OR ❑COUCUTrD 0::i.:::V••J:: S CC:.G LiCUMIRAKES CITT. 3r] ArL /� cQ. REMAIN; STA r!R ri LrS0 CALr F s^at.ry 4dannl or,pent Jct Oft'MAO tax flan nr.m. ��t�ibibuaY point�C�tt��tcp�eeb M1[tTtRN TITLa lOIIM NO.IOt FOR VALUE RECEIVED, DELIA L. ARCHER r GRAN72 _to NEELY E. CULLETT and RUTH CULLETT, husband and wife, Vt as JOINT TENANTS all that teal property situate In the'-unincorpora ted area ;county of -t-;.=' � ,State of California,dexnbed u follows: All that certain.real property situate in the County of Butte, State of California, describe4 as follows: rfion of the Southeast quarter of Section 27, iand a p" C Northeast quarter of Section 34, To%%msliip 23 Nurt Last, M.D.B. and M. , and more 4 particul scribed as follows: Commencing at the Northeast corner of said Section 34; thence along the North line thereof, South 89' 38' 12" West, 1475. 98 feet to the Northeast turner of Lot 2 of said Section 34, and the true point of beginning for the parcel herein. described; thence from said true point of beginning, continuing along said North line, South 890 38' 12" West, 32.98 feet; thence leaving said line, North 150 10' 32" West, 652.65 feat to the South line of Ponderosa Way; thence along' said South line, South 890 38' 12" West, 31,03 feet; thence leaving said South line, South 150 10' 3211 East, 652.65 feet to the North line of said Section 34; thence along said line, South 890 38' 12" West, 99.68 feet to a point 10. 00 feet Westerly from the centerline of the Pacific Gas and Electric ditch; thence following said ditch bank, South 260 32' 00" East, 230.42 feet; thence South 160 45' 30" East, 125. 22 feet; thence South 30 12' 50" East, 168. 33 feel; thence South 770 10' 4011 West, 142.28 feet; thence South 440 49' 30" West, 119. v"-1 feet; thence South 570 39' 14" West, 329. 90 feet; thence leaving + said ditch bank, South 120 57' 56" East, 61. 71 feet; thence North 870 33' 1211 East,433. 12 feet to the East line of said Lot 2 of Section 34; thence along said East line, North 00 14' 52" West, �QQ�� Furlud 924. 31 feet to the point of beginning. + l;-,..�,..•�+^•,.q'.,.F...T_ ...,,.._.. .-.1_• y __...._..___._.�....--•�.-.-:.r�.�S.t.'b.:'r...=...•-:.rte-""w'-_-....:..,.........._.. .._ ... .�.__.. _. ( , I ' �; 4. • : • BUTTE COUNTY I This deed is being recorded to correct boundary line. Dated October 12, 19 70 ) Delia L. Archer S ( STATE OF CALIFORNIA County of Rutte On (k t. .12 19=n be(ore me,the undersigned, �ry c� �e (t FOR NOTARY SELL OR STAMP a Nobel italit.in said State,personally appeared_ U� i known to me to be the Ixraott_whoa name is �munmuuoumnnnnrlum.uwl:rnunu.,,� I subscribed to within i rumenL and acknowledged to me that SEA L hi. DE,-, \'d0�Cc5TER il� n n0rn; i. 0::1. ..:II: C"" 4YIA M of turre 1'Comm;";"F�p/rcr McJch 6, 1974 N ary Public Cuomugnrnnnnunnmm�nrnnnnamnnn � Name(Type or Printed) MAIL TAX STATEMENTS AS DIRECTED AsBOVECorpOc:UME�AQ� 3 PAGEi64 41;`1 lS :zMA <.$it;:� B E l siHifi Fl ii f�W f 1 i 'moi; .t•},. L7i�'�d� r 1 fr, ' 1 I -. :. .a Recorded at the request of - ... .- ...-. - •-.. .. •, .. ... _.. t p�. IRKORDED AT THE REQUEST 01f NOFtTHW?;'STEFiN TITLE COMPANY - (�(li) NORTHW,STERN TITI ME4UX. w i. Return tooel 0 I �..............._ ate.......... ....._-. ..,. ,,, OFFICIAL RECORDS CALL OF BUTTE COUNTY, CALIFORNIA 4' AL �, R 9z ................._.......................-......�C..�i.. .`.'�..._.. Br Escrow No. ...8�18-P SO ' 13.50, :: Gr®nt Deed For volae reecived•,•:'NEFLY E."GULLETT-•ander RUTH-•C.•••"GULL"F:TT,•••hia wife - } GRANT........toCHARLES.C.-XREECH_and•,I•ESLE_H..CREECH,..his wife,.as Joint Tenants, as to an undivided one-he.lf interest AND NADYNE KEPPLE, a widow, as to an undivided 'one-half interost of I _ ! oil that real property.situate.in the County of butte ,State of California,described to fol!owu � Bain a particn oP Loi.1 of"the quarter Section.34, Townshi !' Being R P 23 North, Range 3 East, M. D.' B. & M., and mora particularly described as follows: f COMMENCING at the 17orth quarter corner of aa:id Section 30 thence along the North line thereof, Noith 890 53' East, 268.29 feet to the center i line of Nimshea Ridge Roaot thence along said Road center line South i O1° 20' 00" West, 700.00 feet to the Southweat corner of a parcel of land described in a Deed to Lucia M. Peterson, recorded March 1, 1930 in Book 40 of Official Records, at page 480 rind also being the true point of beginning for the parcel of land described herein; thence from said. true point of beginning, continuing South 01° 20' 00" West zrlong said road center line, 447.36 feet to a point in the Westerly extension of the j . North line of a parcel of land described in a Deed to Buss Suit, et al., recorded April 2, 1959 in Book 989 of Official Records, at page 511: thence North 870 33' 12" East and parallel to the South line of said Lot 2, and along the North line of those two parcels of land conveyed in Deeds to Buss Suit et al, recorded April 2, 1959 in Book 989 of Official Records, at page 511 and recorded May 6, 1958-in Book 939 of Official Records, at page 428, a distance of 802.08 feet to a point in the West line of a parcel of land conveyed in a Deed to Charles Samuel Horn, et al, record-ad May 14, 1947 in Book 419 of Official Recorde, at ' pagt- 53; thence North 01' 20' 00" East along the West line of the afore- mentioned Horn parcel, a distancF, of 178.43 feet to a point; thence North 12' 57' 56" West, 61.71 feet to the most Southerly point of that parcel of land described in the Deed to Lucia M. Peterson, referred to herein- ' above; thence along the Southerly boundary line of said Peterson parcel, •y':<:':_ North 28029' 00" West, 200 feet to a point; thence South 89°. 53'' 26" ............... - - _ _..._.. ..._. '^ ,, w ^ 3 ,';. �y,,��7'¢' y "' 'y�+� .��, s� t' y r• w 7; 3!X'[Rd. '� ,":'lzr 't r.r. �q,t,; '4ST ,:; 'a1F`7Gt�a+,tv/'u' I�Fo )Eli`• + iR�J�y='� =:v.s:a-raxmar .• (i, . r f I North 28° 79 ' 00" west; 200 feet to a points thence South 89° 53' 26" West along the South line of said Lucia Peterson parcel, a distance of 685.87 feet to the true point of beginning. EXCEPTING THEREFROM that portion lying within said Nimshew Ridge Road. ;!h; ` RESERVING THEREFROM a non-exclusive easement for road purposes and public 1 utility purposes over a strip of land 60.00 ,feet in width lying 30.00 ` f 1 feet on either silo of a line beginning at a point in the West line of the above described parcel, which point bear- South 01° 201• 00" West, 204.66 feet from the Northwest corner thereon; thence from said point i of beginning, East, 792.95 feet.to the• East line of said parcel-. l • ti I j it • � � � Dated .......41.Y..1.,............................... 19.6.6.-.. ...............................:............................................._._.. ! ...•............................................................... 11(!✓1!C "�1. J�J�'.':�'r:: ::??:Z..............�. r I STATE OF CALIFORNIA 1 � • County of:....Butts......._.......................................... tl. r On............._J123-7.-&........................._........................ 196.6........beforo me,..._...._ CQ.. .....Q��, Q�.._.....V��:,'IdsP?+y,Publlc, in and for told County and Sto»,personally appeared.L.••.�i.....$OxlbBat.$Il,d.. aT,T_t�•...BOII�St>�...................... .... 1*`�~j�t:�,•4 `fin ......... .................................................._.............._............................................................._........................................................ _ � ,�• r' known�o me to be the person tf.........whose name 9....Ar.4ubscrlbed to the wlthln Instrument,and acknowledged to •Ittot...tT=. xbcyted the D.26 t5 rf�[ �pL�f. /�JJ pf • - My commlttlor:e.plres Joae..F.V.♦t...19.6.L_....__................................. r is Y ...... Lrr�4 c Notary Pub[ '..'4 Northwestern Title Company of Butte C. oun't`q''''' JUL-12-2007 12:24 From:CBPOND 530 1177 5460 To:5f140 P.1'11 Ponderosa Real Estate luso Skyway a Paradise,CA 95869 6 Busfno93:(530)877.6244 Toll Free:(800)764-1199 Fox:(530)877-5460 / � l ir Q/ 7' S' To: 74- Pax: S3 SS Pages: PI:eaeme t Ra: CC: 0 Urgent E3 For RtMew O Please Comment 0 Plea Reply D Please Recycle 0 Cornmentm CONFIDENTIALITY NOTICE:The documents accompanying this fax tranamission contain confidential Information belonging to the sender,which is legally privileged.The Inforrnetlon Is Intended only for the use of the individual or entity named above. if you are not the Intended recipient,you are hereby notified that any disclosure,copying,disEribution,or the taking of any action in reliance on the contents of this faxed Information is strictly prohibited. If you have received this FAX in error,please noa us immediately by telephone fo arrange for ratum of the foxed documenfe to ug. JUL-12-2007 12:24 From:CBPOND 530 B77 5460 To:53e140 P.2/11 Tr� Butti: Cuur.rtr%.f)cpAi*tri3erlt ot•neraelopn3ent,5'ervices o l o Tim Snellings,Director o f' f o o o 7 Counry center Urlve \, :T oroville,CA 95965 0 '• tirl-.. A:; o (530)538.7601 Telephone (530)538.7785 FacsImIle C,OUR ADMINISTRATION * DUILDING * PLANNING Junc 25,2007 ALLEN N H:11...P.8c('aN17Y, 2709 NW 140TH.ST. VANCOUVER, WA 98685 REGARDING: "Incomplete"St41U5 of Lcgal I_,ut OcicrrnirlKiUn 1.).t.1'07-00.10, Al'N 066-360-041. Dear Mr. and Mrs.Allen: Pursuant to Section 20-62 (1 and 2) of rhe Rutae County Subdivision Ordina.rrcc rail Sccli'oil 65943 of alifonlis(-iovcrnmcnt Code,Title 7,`Division 1, the above ret:erenced project was deemed "iacomglete" on lune 20, 2007. Thi Uvid Develowiient Division of the Department of Public Works is requiring that: you submit the following: 1. Providu creation document.for A,VN 066-360-061 2. Provide 1435 OR 12.5. Please contact .Eric Schroth, of the 1 ni-id :I)evelopment Division of the TkpFirtrnew of, Public Works should you have questions or require additional infurrrr„tion on this del.er7ninalion nt 538-7266. We must• thumforc &clarc that the project application is incomplete. Phis application will remain incomplete until such Buie as thr. 13tine County Land Devclopmcnt Division of the Department of Public Works receives and approves this submittal. Should you have any further (Iticstiotis rcgardinb this matter, T can he reached between the hours of 8:1)0 o.m. and 4:00 p.m,, Monday throuy;h Friday, at (530) 538-7153, or via c-mail at stroesrerfn)buuccuunty.11�t. 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'� -'-`-�_J _�_�______-_ .-_ - - -1 I � � I 52 P1t (5 r, C 9 Y 55 *AC 6.1 b 54. 3.67 AC t.ss Ac' �,� � 0 1 � 5356llV . 1.04 AC "'o 44 45 4.6 6 '1a 93 ��2.9 AC 2.9 AC 3.21 AC 31 AC 7.18 AC � 4 912 te ac 20D 84.119 27 � I e .b 17J.56 �— —•---- ---� �4 737.@9 .82 AC 29 sac ��r 63 010 .. \ 483 1 2 ` l D95n o 55 s.6 AC 66 C2) 3.01 AC .2S ACt S75PM t;7-41 1n.38 AC !B 11 r.64 0�2 I, 31 4.2 Ac 29 AC 060.09 °! 7 .04 21 363 320.87 .81 � t z t.s ac 32 g 33 1.8 AC 41 A 4.42 act - ----------- ---------- - ----------- 2.14 AC 630 ! 35 36 2 Ac 401M 1 i 6 Ac Butte n6� SoMap 19 In 67 Book 68 4 AC 1 i Page 36 ,�. = .23 AC 3 7 CREATED BY CREATED 014 10-1997 NOTE: These portals are for oFseccment purp o,eREVISED HY BP REVISED ON 12-2002s EFFECTIVE0001-02 ROLL only and may not constitufe legal portals, Previous Book 57, Portion Of Poo 25 Com itnd By The Outte County Assecsor's Office JUL-12-2007 12:30 From:cePOND 530 677 5460 To:538140 P. 10'11 a.nia.+me.M Powwr 40 :. 01)gi rawmy ?Y'f1.S COMPAt7Y� �004M Air 'YW c(pLqMT C!' a•ww OR c� �. `L..........--- RV7r6 C�UwTt'�4lrFC� �tA 16 F -S R.corAr fAsisrr Ahs._.�8._p---• r+.t -`-.� Grant Deed XWMWM Iror.oiwnW ect AMI? -B; 7f 3ULLFTT ppb:3:Ti'ii C. (MLL , hie wife r' OW#__taCWLM C. CR . R?Cll end 4a8L$ P. Cii�.,:CB, his rife as . J0,114t. TonAnts•. •as t0'-sn UMd.lilded one-b*lr Interest AND NAM. E KVPLF., a•'ri:dor, as. to sn .undivided one-half latereet of :r;::�; aR waR+sM pnp.ly tlMuss M 11is ' Comer so butte- .Dap of COM41W&dnera% a,W9WPr1 -' wing .a pardon oa' rot : of the Northeast quarter of Section 14. Township " 31 erorth. .aanoo 3 East, h. a. b. 6 H., aqd more particularly described on CaMXMPO at• the North qusrtee aorner of said 4ectien Set thenQe along "=•,: ( this.N!s!!h,tlae thiereel.. !left%• eV°'.53' East, 2L8.29 _r-t to CRs center -!vbWkW ;R:ii!qe notd:' t"naa: aiodg•-sa'i'd Road -canter Line south ?•;, • '•Ol...:�m•.0 ,� Vi t.. �.Q0.00 :f�!.E.:tp.• �hs..soiltltve�!- epgwi of•:;:Parcel of 1,aed.d�racstbed ie'a' OieA to Luq!• M Pstidsati;..reeorded:`IliiltM 1, 1130 in Doo4 40;at Ofticial Recacds, .at,peg* 480 and also bat i129 the true point of belinniAl tdc 'the- psrcal of.land described "verein: .th*nc* from said true point-ot beginninq, cdnt1nuin9 South 01' 20r 03- Vest slung said .seiO,,epntec tine. 44y.76 feet•-to a..point to the westerly extension of the : tan* described in•a used to Buss suite et el, Mai" IiAe at' • p�rdel o vepugdad I pril. X. 19S9. -to Dookk•999 09•Of'!leia.1 Records; at-page 511: `4�',' 4h�iCd-ltettb gy'•3S' 12' lath Ana •:04rallo& to she south- Lina af.Sala Lbt, 2.;:•eA 4104g the North 11pe of I thdse two perc4ls of Lind ta►wyed lli.0eida .to Buss suit qt al.. roeardtd Rpci1 2. tis? In Book 489 of '$ Otttclal• Riaerdo, at page 5LL'and'rseocd9d May 6. 1958, In Beek 9)) of gfhc's1 ocards, at pegs 428, a diitance of E01-•1p. feat to a point in tbe.wet..iine of a-parcel .of- land• conveyed in a good to Ctiartes sanual &I.•ricord4d May 14.: .1947 in Book 419 of Official. Records; at = pips: S2i,•thence chert% 01 20-P 000 East &Long the Rest line of -the Aforl•- ' rsatlggoQ''gAsa•. jai. s�.d.istance of .179:4� felt to a p6int: 'thence North L tlitth�•ri s!`B • alb! •iia .x.:41-�1,ise:lCq.' .•! Y- Peiat.of that pa tcel iickibed id Itis`.pied•tb tu>:ia.r�. PeCecsoa:'.refsscc0 'to Mae�nT above tk4nce sloh4 phs .southerLy boundat'y line of said Petere6n parcel. octh W. 22. 0 1l04 West. 200:f4et-to a points thence South 89' Sl' 26" �y Femme"' 'r0' alp r Pe4mv" %-he s ' 4 .� ti.ra�1�.�w�l 'i'a,�1+rya..��+��,� .-iiMl •-..'. r�i�i �'i N�'•7'�t1�r ��.,.'M+�M! 11.•�s.�4.�:ir•.�C M!•k- ,.�� .t..'Y 1l MIMI•o._._�..�. -vv• �': 'al .^ -r•...1+^ r.p r.... 6965.6 s.jo}tcijt�� oejPsasd e�lti: W'5 r �.:___..��` ,.�...�� .�.�ds�-•?►xw;ilfi:=4L-'s�iNld�iiliS--�� 7I��1�. :;:,. d t1r iG"j'•r � T• ..9. _ r ' _«:r•. ��11� ` "'.awe. •jo�so8 pjsc Je evil 3102 044 04 3+sD S6-CbL 1aia8 •6ujuN'f6nq is sul0sl Plan V02; aaua4l 1;0e204t i0waa 'ASwjtOjk 044 602; 3N7 991"t t0; 'aaaM .00 .00'.10 410P8 sloaq zujad 431." 'lbaaoa pec.ja�." spge "i 'i, ., i� ;o avij zoom •ys'uj auTo® • ar bu�tul8eq suj'j r jo oP6a ��431• OP %daa c� 0010t b-TAX 43PT- yj 3eo; 00'09 Pusl'Tn d,j';s..s:isno ss.odJud d'4tllaq �jtgnd put sssvaand peva ao; avewpocs "jont»uvv 9. WOb40MA wit"asaa 1 a ~i. -P*Ob *OP;V OW49WTN Pluo v101ift bu�.At nolaav6 aw(] tl vjz2 MLL t7ltx 2Mft -buluuybaq pa julad stun 144 CZ aCod L®•S®9 ,- ;o o�uti�jD • •lo�asd two�oasd *12WI Vlos ;o sujj 4;n0s e4a buots jsoN iT/TT'd 0bT2 £S:01 09bS 218 02S aNOd8D:wO 'd 02:21 L002-21--inf s Exhibit "A" Legal Description regarding Legal Lot determination/ Conditional Certificate of Compliance DET 07-0010 on APN 066-360-041: Being a porticn of Lot. •a 'of- the Northeast quarter of section.34.,TCA nship 23 North, Range 3 East, M. D. B. & M., and more particularly- described as follows: ' COMMENCING at the forth quarter corner of aiia Section 341 thence along the North line thereof, North 890 53' Eant, 268.29 feet to the canter line of Nimshew Ridge Roao; th6nce along said Road center line South 010 20' 00" Went, 700.00 feet to the Southwest corner of a parcel of land described in a Deed to Lucia M. Peterson, recorded March 1, 1930 in Book 40 of Official Records, at page 480 and also being the true point of beginning for the parcel of land described herein; thence from said true point of beginning, continuing South 01° 20' . 00" West rlong said road center line, 447.36 feet to a point in the Westerly extension of the North line of a parcel of land described in a Deed to Buse Suit, et al., recorded April 2, 1959 in Book 989 of Official Records, at page 511; thence North 87° 33' 12" East and parallel to the South line of said Lot 2, and along the North line of those two parcels of land conveyed in Deeds to Buss Suit et al, recorder! April 2, 1959 in Book 989 of Official Records, at page 511 and recorded May 6, 1958 in Book 939 of Official Records, at page 428, a distance of 802.08 feet to a point in the west line of a parcel of land conveyed in a Deed t6 Charles Samuel Horn, et al, recorded May 14, 1947 in Book 419 of Official Records, at pagc 53; thence North 010 20' 00" East along the West line of the afore- mentioned Horn parcel, a distance, of 178.43 feet to P point; thence North 12" 57' 56" West, 61.71 feet to the most Southerly point of that parcel of land described in the Deed to Lucia M. Paterson, referred to herein- above; thence along the Southerly boundary line of said Peterson parcel, North 280 29' 00" West, 200 feet to a point; thence South 890. 53'' 26" West along the South line of said Lucian Peterson parcel, a distance of 685.87 feet to the true point of beginning. EXCEPTING THEREFROM that portion lying within said Nimehew Ridge Road. RESERVING THEREFROM a non-exclusive easement for road purposes and public utility purposes over a strip of land 60.00 feet in width lying 30.00 feet on either side of a line beginning at a point in the West line of the above described parcel, which point bears South 01° 20' 00" West, 204.66 feet from the Northwest corner thereof/ thence from said point of beginning, East, 792.95 feet to the' East line of said parcel-. ■Butte County Department of Development Services ■ ■October 11,2007 ■Allen DET07-0010 ■Page 8 of 6 ■ 1 r '242.°' T.23N. R.Y. V.D.B.&M. 2 ► ^ 8z 22 �1 66 - 36 1 ( , 3IAC PM 99-802 7.99 AC l-v 1253,72 OLD RUS 1723.72 a h 21 N 01 7 5 14.97 AC 470 � 1 31 i Q n7o.78 76 O 1'=400' Pi �/ 7.25 AC i `"Of O 1746.47All Assessors' maps ore prepared for local property assessment purposes ONLY. Parcels shown thereon may not 41 I comply with State and local subdivision ordinances. No liability 504.1414.72 ACf -�--_ I - is assumed for use of information shown on ony Assessors' map. -131 7 7 3.07 AC 4 ALL ACREAGES APPROXIMATE PER RECORDED INFORMATION. INI PM 63 1259.02 301.49 PM 65-40 535-69 -- - --- - - ---- ----- I--------- 957.53 ----' ----- ------ -.- - 957.53 86 449 1� 169RS95 N � 3 AC 5 2 I o 1 N. 3 RS 133-84 6.19 ACI 449 n 481.12 \, ce 345 C. j`\ 2 O 1.6 AC 1.39 AC �j _ �l 200 200 tso.72 208 wAY 54 3.67 AC 24.89 AC d 62 1, � O 1.5 AC - 10 1.65 AC `./ d �N I o tr) - IRIA 6 23s 1.18 AC 2 N 5 3 9. N 3.48 AC i 1.04 AC 56 6a0 z° 8 2.1 AC 4z4 11 27 61 44 45 46 64 '� 01 RS 90-43 O 84 2.20 AC I .90 AC O O O �� 355.10 ,25 I 208 964.49 12 3.41 AC 2.9 AC 2.9 AC 3.21 AC 31 AC ►�'�7.18 AC 158RS22 c 8 0 166RS75 9<46Ac 5.29ACf 97 -__---ry _, --_ 1 AC 219 N 240 200 200 284.68 27 26 2s.70 44 .18 173.56.. j ° _ -__- --737.99 34 35 �1o39.6g- -- ,�.^ '3.31ACt m 1 416 W. \ S8 '38'15 W 29 5 AC 63 . �. S84'47'2B"W - 99 515.23 28 27 t6ps.a7 `r "! - 483 635.18 Cyt' 33 34 11.65 ACI 1 O 1]�5�� 5.6 2 O o 1z2s i o 0 65 AC66158RS22 9 5 n N 3.01 AC RS 96-29 5 !3.25 ACt PPA 67-41 1 10.38 AC5294 ltsssa ' '_ -' / AC 29 AC /'v 1 6.54 r t208 7.50 ACt USA �-�` 31 4.2 5.85 ACS 1oso.o9 ��; 732.04 81 r. 87 21 3. ..- ". ^.k':3287 0. 1 A O ^� n - W -32 �, 33 1.8,Ac`; 41 , 4°a2 AC±'r r J -M.191ss.88 47.50 ACt �J \� t s 2.1.4,AC 394 �,r,• _., . 12.87 A a jRS 96-36 20 .... 35 y36 ,2;AC:,T,-* ( .[ '. �-401 A \V` 594.5 I 6 AC Butte County Assessor'sooMop 1185.73 D67 Bk 66, Page 36 . \ \ 1.39 AC I 1 q ^. 6 8 4 AC a ` n .23 AC ,__ t2B9.32 0 RS 124-35 4.85 AC O 1476.33 1588.27 - 3 7 CREATED BY CREATED ON 10-1997. aq 1� REVISED BY SOT REVISED ON 3-28-2007 EFFECTIVE 2007-08 ROLL Previous Book 57, Portion Of Poe 26 1 v I � , OvIl c CP T4, bO N z VP I _D_� '�`\✓ ".�� QIe�\'0 Imo' �� i � � I _ fop P.Afi�M��--•--`? • - I i I I I i 1 I c ti i l j m j� PP// oO -i Z �`• L i V .. i I f • i c� r , 3 w tv- C� D • �� ,. i a Y i f mV- , "I I-^1 i l r o //t� q i a r' J t ,f" JW I. APPROVO Y �a — Dam i d wo, 41 V .� s� .� 2 2 �k � >.a iso ,. � •� �� .75 A,, E,NV{ROWENTAL HEALTH AUG 18 1993 PARADISE,CAUFE)RNiA