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HomeMy WebLinkAboutDET 07-0011_PLANNING � 1 SEPARATOR 1 SHE E T APN PROJECT NUMBER 1 �� OW i 7T /t/ 77J ro* 777 i iz i t T , 'i ' - t ` 1Y \ 71tWo 2T f � � _ �a J Sz 0 77 �� 4PT 3 T . _ � • i � � 1 ' � � , � � ♦ - � � a � � . G� 45 Joo:;;;Im � h Y �� i 2 SOL - 477 . .... ro � o -Z 3 � Orly A Butte County Departrnent ofDevelopment Services O�V T T F O Tim Snellings,Director o 0 0 0 7 County Center Drive O - e O Croville,CA 95965 =O O A>!'.>. (530)538-7601 Telephone (530)538.7785 Facsimile OUR ADMINISTRATION * BUILDING * PLANNING i June 25,2007 ALLEN NEIL E&CINDY, 2709 NW 140TH ST. VANCOUVER, WA 98685 REGARDING: "Incomplete" status of Legal Lot Determination DET 07-0011, APN 066-360-063. 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 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@buttecoun!y.net. J Steve Troester Associate Planner i CC: Forrest Lindgren 7020 Skyway ! / Paradise,CA, 95969 CC: Eric Schroth, of the Land)development Division of the Department of Public Works PROJECT SUMMARY SHEET FILE NO.: DET07-0011 PROJECT TYPE: LEGAL LOT DETERMINATION APN: 066-360-063 j 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 i REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: This is a Legal lot determination on+/ 4.42 cre 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: / ARS , TOWN/AREA: MAGALIA 1. Application accepted: 5/23/2007 Amount: $2,682.50 Receipt#: P494 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: 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 IRON Butte County Department of Development Services o�UTrFo TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR 7 County Center Drive o 0 Oroville,CA 95965 0 _ 0 (530)538-7601 Telephone o (530)538-7785 Facsimile C .� �UNt PROJECT INFORMATION Project#. �F7o4- W1 APPLICANT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: N e"1 G-- C n+-i-,'r, L- Ai l r p9 &(v - 3 - CO.? ADDRESS: STREET,CITY,STATE &ZIP CODE TELEPHONE: -1709 1J- W _ 1 Dtl& S+• V*P%COaV"e%' WA— 9 ( 3iQ ) 573- 00 !ND E-MAIL: `` FAX: I e h - Lo tr ( ) - OWNER'S NAME: TELEPHONE: Pte,I E_ %h l\4 L_ �I le vi (31.0 ) 573 - 60&Z> ADDRESS: STREET,CITY,STATE,&ZIP CODE: W- l4yt-(A 54, / Nt4Lv►C.0kVer' 99& b'S PROPERTY INFORMATION NAME •F PROPOSED PROJECT(if any) SITE SIZE(in square feet or acres) 102 3 ! acrc LOC TION F PRO CT(major cross streets and address,if any) P:nn 3 de w R d _ PihA C 0L Vt 0'A 'Dir- E-7 GENERAL PLAN EXISTING LAND USE PROPOSED LAND USE Z g2� c c EXISTING ST UC S(square feet) R PIE STRUCTI�S�square feet) UNDER WILLr SON ACT CONTRACT bb ��==Jl?� Yes mve-� (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER [7�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.) �—t t�cv1 �u� a,Q J-C/Lw►t11�.��N�1 TUB(' .I t���Y 't'e�m i� �t Yeo ty� 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. 4-7-9- 07 SIGNATURE: L W l7 GLi1 -�g-©� C . AGENT AUTHORIZATION p` To 7 -00 1( To Butte County,Department of Development Services: F'o nr e f{- L-Z-A Ye 0 ($3 -7 7 Print Name of Agent 11 /Phone Number C —7 D XD S K W 0.. y Mailing Address / is hereby authorized to process this application on my/our property,identified as Butte County Assessors Parcel Number(s) AP 4�- ( to — 3 to — (Q.3 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) t4e-, 1 c - AtI-e GI OD Print Name Print Name CLQ . 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 Broker Associate _ (530)877-6244 BUS.,(530)877.5460 FAX + (530)872-5407 DIRECT forresdindgren@yahoo.com I PONDEROSA Q ' REAL ESTATE i 7020 Skyway Paradise,CA 95969' Each Office Is Independently Owned and operated. www.paradisecoldwetlbanker.com Revised 07/13/06 K:\Planning\FORMSWpplications\ProjectInfoFonn_Agent_only.doc _� f � } �;� OT T� BOFTE COUNTY RECEIP- Printed: 5/23/2007 07 County Center Drive 1:40 pm 0 0 Oroville, CA 95965 0 0 0 0 Receipt Number: P494 Permit Number: DET07-0011 Job Address: 00 Applicant: ALLEN NEIL E & CINDY, Fee Description Account Number Fee Amount DPAG Legal Lot Determination 0010-460001-4612200-1010 $32.50 DPCR Record Fee Legal Lot Deb 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: ALLEN NEIL Pay Method: Check 1983 NEIL E.ALLEN 1983 CYNTHIA L ALLEN 19-854/12503 3 i i 2709 NW 140TH ST . . 832624816t- VANCOUVER,WA 98685-1870 Received By: SNT Date Pay to the •� -}- Orderof 47i-ttf'2 .�duylj-ti( 1�CLS�II�E' V� ��to�' .��3 W,V t1�n o la J a 11 S��/j e...,.., h St'S�—�u C� 8 t1E�c—}Udb asp /(4i.—Dollars 8r o:u i::. MWells Fargo Bank NA Washington wellsfarg"m 64 -3 6- �3 s For Le y to L01- IZ" nm 1: 1 2 5008 54 7 : 832624816111' 019133 Printed: 5/23/2007 �v T TF E&TTE COUNTY RECEIP* o ° 7 County Center Drive 1:40 pm ° o 0 0 Oroville, CA 95965 0 0 oCOuo Receipt Number: P494 Permit Number: DET07-0011 Job Address: 00 Applicant: ALLEN NEIL E & CINDY, Fee Description Account Number Fee Amount DPAG Legal Lot Determination 0010-460001-4612200-1010 $32.50 DPCR Record Fee Legal Lot Det/ 0010-470001-4612319-1010 $50.00✓ DPEHLU Legal Lot Det/Cert of C 0010-540003-4614901-1010 $518.20 DPFPP Legal Lot Det/Cert of Co 0100-450001-4617240-1010 $58.40 DPLDFF Legal Lot Det/Cert of C 00104400044611700-1010 $685.40 DP Legal Lot Det/Cert of Compl 0010-440001-4210900-1010 $1,338.00 Total Fees Paid: $2,682.50 Date Paid: 5/23/2007 Paid By: ALLEN NEIL E & CINDY, Pay Method: Check 1983 Received By: SNT �.1 1' NEIL E:ALLEN -- - _ {, t 1983 CYNTHIA L ALLEN ` 19-854/1250 3131 2709 NW 140TH ST - _ _ 8326248.161 VANCOUVER;WA 98685-1870 - a-7" Date Pay to the Order of i,c t VSEy— $ p� a.c�.or W U -�tt' u,Sa r^C� Si 7t—�u.� � ��E —+tA20 g/071&.-pollars ® Wells Fargo Bank NA Washington wellsfargacom 64 -3t�- �3 For Le cl ti j L O j fit. /�h►iln Maw �c Q 1.��� NP 1: 1 2 5008 54 74 832624816111' 01983 PF70 -©/l Butte County.Department of Development Services VTTF TIM SNELLINGS,DIRECTOR PETE CALARCO,ASSISTANT DIRECTOR 0 O G O L, 7 County Center Drive ° O Oroville,CA 95965 0` Vie+.r` o (530)538-7601 Telephone (� •� (530)538-7785 Facsimile LEGAL LOT DETERMINATION APPLICATION Applicant Name: N e i E- cY"�"�`+ L- lt� 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. I 2. V ❑ 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: hU://www.buttecounty.net/dds/Planning/ Application fees are non-refundable. Applicans 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 Applicant Planner 0- - IIx 6. ❑ SITE PLAN: Twelve (12) copies of a detailed site plan, drawn to standard engineering scale (e.g., 1" = 100'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on 81/2" X 11" size sheets. The detailed-map must include: a. ® ❑ Name and business address of the applicant or person who prepared the map. b• ® ❑ The Assessor Parcel Number and the street address. C. ® ❑ Property lines, lot dimensions and any applicable easements of record or proposed. d. ® ❑ Dimensioned locations of existing and proposed public and private improvements on the property (including, but not limited to, buildings, roads, driveways, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage systems and lighting). Label all items shown on the map. e. ® ❑ Show private road access, if any, and route(s)to the nearest publicly maintained road. f © ❑ North arrow and scale of drawing. 9- ® ❑ All documents and maps shall be clear and legible. Additional information may be required in order to clarify,correct or supplement the above submittal information as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Please call the Planning Division of the Department of Development Services at (530) 538-7601 if you have any questions about these requirements. Signature: - Date: 0 -7 Applicant/Representativ Signature: Date: 3 _G Planner Rec ' In App ' a onJ 5��,L C5 K:\Planning\FORMS�APPLICATIONS\Lega)_Lot Determination.doc Revised 09/05/06 2 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 Calarco,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 E77141-0nmel7tal 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 itis 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. DET07-0010 -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■OCTOBER 1 I,2007,■v.PAGE 1 ■ There is a 15-day appeal period on decisions with the Clerk of the Board.. B. DET07-0011 -staff recommended approval - —_ - 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: Mark 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 for Neil 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 Chair-will call for staff comments, The hearing will be opened to the public for proponents,opponents,comments,and rebuttals. The hearing will be closed to the public and discussion confined to the Commission. The Commission will then make a motion and vote on the item. It is requested that public initiated presentations be limited to a maximum of 5 minutes so that all interested parties will have an opportunity to address the Commission. Following your presentation,please print your name and address on the speakers sheet so thatthe 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: Mark Michelena APN: 030-131-016 Zoning: AR Location:The parcel is located on the east side of 14'h Street,approximately 500 feet north of Biggs Avenue, at 1262 14'h Street,Thermalito. ■BUTTE COUNTY PLANNING COMMISSION■APPROVED MINUTES a OCTOBER 11,2007,■v PAGE 2 a 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 stone 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 Cleric of the Board. Mr. Mark Michelena gave a summary of the 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 of this 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 COUNTY PLANNING COMMISSION■APPROVED MINUTES■OCTOBER 11,2007,■v PAGE 3■ 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. i 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 pian. 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. i 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.StewartJohnston lives on Biggs Avenue. He said there are two problems. The drainage ditch is inadequate and a prior project on 10t11 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 peak 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 Q1OO(100 year storm)runoff not be increased.. He said Public Works doesn't require any empirical data such as flow counts. ■BU17E COUNTY PLANNING COMMISSION■APPROVED MINUTES■OCTOBER 1 I,2007,•v PAGE 4■ s • 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. He 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`I'Street. She is concerned with the increased traffic. She does not want to see the environment of 14'h 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 COON I PLANNING COMMISSION■APPROVED MINUTES■OCTOBER 1 I,2007,■v PAGE 5■ 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 FL-MA had given funds to the County to fix flooding problems. Five ofthe 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 Thennalito. 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 13, 2007. B. 10:00 a.m. Planning Commission Special Study Session for General Plan 2030 Update;mectinl!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 11,2007,■v PAGE 6 r 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 ofthe 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 I Please see pages 8-13 for the report from consultant Design, Community &Environment. C. Update of Board of'Su ervisors' Actions P P 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 r' Chair Lambert a BUTTE COUNTY PLANNING COMMISSION■APPROVED MINUTES OCTOBER 11,2007,■v PAGE 7■ DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) LE NAME AND ADDRESS OF APPLICANT OCT 2 3 2007 NEIL E&CINDY ALLEN 2709 NW 140TH ST VANCOUVER,WA 98685 �CO.CLERK DEPUTY FILING NO. Project Title/File Number: LEGAL LOT DETERMINATION,DET07-0011 APN: 066-360-063 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: I. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $50.00 Clerk's Documentary Handling Fee ( ) B. De Minimis Impact-Certificate of Fee Exemption $50.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION-FEE REQUIRED ( ) A. Negative Declaration $1,800 State Filing Fee $50.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $2500.00 State Filing Fee $50.00 Clerk's Documentary Handling Fee 3. ( ) OTHER(Specify) $50.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: I. (X) PAYMENT: The above fees have been paid. See attached receipt(s)#P494 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. 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 i X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: LEGAL LOT DETERMINATION,DET07-0010 Assessor's Parcel No.: 066-360-063 Applicant NEIL E&CINDY ALLEN. 2709 NW 140TH ST VANCOUVER,WA 98685 Project Lgcation-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 Telephone: (530)538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Charles Thistlethwaite Development Services Planning Manager �y din I tr-f f``'7GF. hi(!F.. i,_: k. TE 5 i2_41.2 9.40 99:U54Lf F-1.3wo DrE, T ACCT LrikSH ' t ES_ TkW 4D10 CODE CIOUE AM¢.-aUM f RECEIPTS: PAZI -1 494 RECER(FD ON: 5Z,113 PLANNING APPL FEES GUMIL COW .4-�,`-M 42-IMOD 1101(ril 3,439.00 LAND €`iEVTEL OF}MEF4 T GEIMIL W10 44,T:!4V4 4ai aWO ioiwll 1,767. r��`'�•�FRC`1NMENTAL HL"4 PH FUND 0921 540013 4,-G.i4�sI `ffioGll `d,34.5.pxi AGRICULTURAL FEES GENL 09 9 4 0A61"r2w i0100.1 9'-51 0 FIRE PLNG Aa.FiOL'TEE FIRE FROTECT GIM . 4611T-2140 101001 175.20- MQ'DME CLERK'S.FILING FE GENL €011D 470=1 4617-31 e01001 Bi4.00 �. ( ) Project Number Amount~of Fee KPt t:055-3V3-:GJO;TSM 04-04;TAGGAW $ 14.00 APN:072-x,00-041; LLA07-0020;RICHARD $ 50.00 AAF[U: 065-350-041;DET•5'7-00i0;At 04 $ . 60.00 At?s 1:.0�C5?'�t0-i�53;.C�ETCi7-001 1;MLLU�._ 511.00 1 FESH & GAME FEES CLERWRECORD IMM 2M 1011460 1, 1.M Project Number Amount of Fee APP-l:0^5-3t0-tlt0;TSPS tI4-64;TAGGART � 1�Q0.�1!� TOTAL 9,798.60 APPROVEM BY: RECtIVED BY: AUDITOR-CONTROLLER LER TREASURER y white=-timasUre r pink=-auditor vanary=depeaitor gal Eery rode 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#: DET07-0011 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: +/-4.42-acres Residential 2 1/2-acre minimum APN: 066-360-063 Attachments: A: Resolution with Exhibit A B: General Plan/Zoning Map C' C: Creation Deed ( October 14, 1970, Document#102693, Book 1639, pages 163 and 164) STAFF COMMENTS: The subject property was created by deed on October 14, 1970,without the required approved access to a county-maintained road, contrary to the Subdivision Map Act and Butte County Subdivision Ordinance. The creating Individual Joint Tenancy Deed was recorded as Instrument #102693 in Book 1639 of Official Records at pages 163 and 164. 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 1013 which defined easement widths required based upon size of parcel. ■Butte County Department of Development Services ■ ■October 11,2007 ■Allen DET07-0011 ■Page 1 of 6 ■ • 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. It appears that the parcel size zoning requirements were met(the parcel was zoned A-2 in 1966). At the time of creation, the parcel does not appear to have the required approved access to a county- maintained road. Conditions 1 and 2 of Exhibit A to the resolution here attached require proof of the required access. NOTE:This DET application parcel abuts(to the west)APN 066-360-041,which is also the subject of a separate Legal Lot Determination application(DET 07-0010). ANALYSIS: • The subject property was created by deed on October 14, 1970 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. At the time of creation the parcel did not appear to have deeded access rights to a publicly maintained roadway. The parcel may have such access via recorded document#89-32340 over Pine Canyon Road to Nimshew Road,a publicly maintained road. Conditions 1 and 2 of(Exhibit A)to the certificate of compliance resolution here attached require proof of this required access, which was secured subsequent to creation of the parcel,to meet the requirements of the COC and legalize the parcel. 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. ■Butte County Department of Development Services■ ■October 11,2007 ■Allen DET07-0011 ■ Page 2 of 6 ■ 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, with accompanying environmental review would be required for uses inconsistent with this class 3 exemption. l 4 �i!f�,•' Middle 8ulle D f � o eros vva ILL i3 I DET 07-0011 N 066-360 063 GOL AR 2 1/2 FG—0—L ITM-40 DET 07-0010 AR 2 1/2 __.........Pine. .anyone_ r--- ._._.......... Area Map Middle Butte Dr Z DET 07-0011 066-360-063 AR AR 2 1/2 GOL DET 07-0010 AR 2 1/2 Aerial Photo Map ■Butte County Department of Development Services■ ■ October 11,2007 ■Allen DET07-0011 ■Page 3 of 6 in i . • RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET07-0011 WHEREAS, the Planning Commission has considered Legal Lot Determination DET 07- 0011 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 066-360-063; 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. 11. Makes the following findings and approves Conditional Certificate of Compliance DET07-0011 with the conditions as set forth in the attachment (Exhibit A) to the resolution. A. The parcel size of+/-4.42-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 granting of a Conditional Certificate of Compliance for the parcel will ■Butte County Department of Development Services ■ ■October 11,2007 ■Allen DET07-0011 ■Page 4 of 6 ■ 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: NOES: ABSENT: ABSTAIN: NINA LAMBERT, Chair Planning Commission County of Butte, State of California ATTEST: TINA BONHAM, Secretary Planning Commission County of Butte, State of California ■Butte County Department of Development Services ■ ■ October 11,2007 ■Allen DET07-0011 ■Page 5-of 6 ■ • Resolution EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APN 066-360-063,DET07-0011 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 DET07-0011 ■Page 6 of 6 ■ • 0 Tike Ln TM-10 �h AR Gold R sh Rd i !, ---- AR 2- 1/2 , - 1 AR a'Pon ecol p'... tv 0- TM-40 ' ,.1 1 —!n an Project Location F �?.�, R 5� R'-20 AR- - ----- qR---- ----- it ----- =_ FR-40 760 380 0 760 1,520 2,280 3,040 3,800 4,560 5,320 6,080 6,840 Feet BUTTE COUNTY PLANNING COMMISSION Applicant: Neil & Cindy Allen Owner: Same Hearin Date:October 11 2007 P, 9:00 a.m.1 Existing Zone:AR-2.5(AgriculturalR esidential,2 1/2 acre min.) Supervisorial Request: Legal Lot Determination. District#5 Assessor Parcel No: 066-360-063 File:DET 07-0011 VICINITY MAP Y, ........... Project Location ..................... ....""Paradise k7f all DET 07-0011 066-360-063 Exhibit "C" Creation Deed regarding Legal Lot Determination/ Conditional Certificate of Compliance DET 07-0011 on APN 066-360-063: RECORDING REQUESTED BY OFFICI L RECORDS BUTTE COUNTY-CALIF Rz,AND WN[N ACCORDED MAIL To 4(nn CtjNff•yTp�(cD U. N....r N. C. Gullett OCT 111 11 319It M-11970 Anw.... 3530 Neal Road LOUISE KL11E11OER e.TT. Paradise, California 9596 COUHTr RECORDER �,.,.L J FEE Title Order No_ Escrow No SPACR ASOVC THIS LINE FOR RHCORDER'S USE —L T..R.T.tl.—s TO OOCUAtnTAEY 71::..Y_ITR TA,5.�� F N... ❑COMPJTED O:t P1l!la_L O"r^5,01•:r.TT COtIV:rfO,OR- Aeu.... /Vr�•GtIC.LQ� n�•. 0CcMPuTiuo::rJL:V••7_t;;:Vc%&C4CUttJflANCES ern. '°•� ' ` _ aT.a I ^ _I „^ L /�R A 1T 6P,C-A L(r pndurt: dadaant or.�nM Jcl.mininp tn: - firm ncmo ��tbibibuai�oi�t�ar�tl��ep eeb WS[IIT[AN TiTLt:P011M NO.10f FOR VALUE I RECEIVED, DELIA L. ARCHER 1+ GRAM—_to NEELY E. GULLETP and RUTH C. GULLET[, husband and wife, :e rJ i yL ti,as JOINT TENANTS sll that rW property situate in the,,unincorpora ted area { fiounty of State of California,descnbed as follows: t +' All that certain•real property situate in the County of , Butte, State of California, describer) as follows: i .>1t1 gYf:ion of the Southeast quarter of Section 27, and a po_r`f -f is Northeast quarter of Section 34, Township 23 NurtIT ' '� East, M.D.B. and M. , and more j particul r scribed as follows: i Commencing at the Northeast corner of said Section 34; thence along the North line thereof, Sou:)r 890 3551 12" West, j 1475.99 feet to the Northeast corner of Lot 2 of said Section 34, and the true point of beginning for the parcel hereir described; thence from said true point of beginning, continuing along said North line, South 890 38' 12" West, 3Z. 93 fret; thence leaving y said line, North 150 10' 32" West, 652,:65 feet to the South line of Ponderosa Way; thence aionq said South line, South 3.9° 38' 12" West, 31. 03 feet; thence leaving said South line, South 150 10' 32" East, 652.65 feet to the North line of said Section 34; thence along said line, South 890 38' 1Z" West, 99.68 feet to a point 10.00 feet Westerly from the centerline of the Pacific Lias and Electric ditch; thence following said ditch bank, South 260 33' 00" East, 230.42 feet; thence South 160 45' 30" East, 125. 22 feet; thence South 30 12' 50" rnsL, 168.33 feet; thence South l.70 10' 40" West,. 142.28 feet; thence South 44° 49' 30" West, 119. 0.1 feet; thence South 575 39' 14" West, 329. 90 feet; thence leaving said ditch bank, South 120 57' 56" Last, 61. 71 Leet; thence North 870 33' 12" East,433. 12 feet tothe Last line of said Lot 2 Of �+e�J Section 34; thence along said East line, North 00 14' 5Z" West, ;DODE 1�l9 rau 163 924. 31 feet to the point of beginning. r.r.,.. Exhibit «C» Creation Deed regarding Legal Lot Determination/ Conditional Certificate of Compliance DET 07-0011 on APN 066-360-063: This deed is being recorded to correct boundary line. Dated October 12, 19 70 1 �j�-�'iC-C 4� �. l-y'GG•n'ci[� ' ' Delia L. Archer t ( STATE OF CALIFORNIA i County of Butte sa on Oe t• 1% 19_ before me,the undersigned, - FOR NOTARY SELL OR STAMP I Notary Publi,in nd``or said Stale,peraoaally appeamd Delia E. �rcher 1 known to me to be the penon_whose namet t� [trunnn......rnnrunnnr.u,=n:,n�lr.u.w,i . subscribed to a within i nlment,and acknowledged to me that a fix_ z cd the c. �n /r1 p( t(•;.l I. 'I TA E z (07 -ST 'uill r�Ur iYr((Ihl 7 M7 Comm;,c;on frp;rm 1—h 6. 1974 ppp v N ary Public tntunnn((rr('0111(rlr((O11lrrrrnnnunn.nrn(� . Name(Type or Printed) MAIL TAX STATEM6NT5 AS DIRECTED AHov)E� DOC;UMWOX tS ?AG464 BUTTE COUNTY PLANNING COMMISSION ��lr -- - - 'QTS AGENDA REPORT FOctober 11, 2007 Q� Applicant: Neil E. & Cindy'Alleny 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- ofl' Supervisor 5 District: Request: Legal Lot Determination/ Project ve Troester Conditional Certificate of Planner: Senior Planne Compliance G.P.: AR Agricultural Residential Zone Date April 14, 1998 Zoning: AR 2 %2 Agricultural Parcel Size: +/-4.42-acres Residential 2 1/2-acre minimum APN: 066-360-063 Attachments: () A: Resolution with Exhibit A B: General Plan/Zoning Map C: Creation Deed( October 14, 1970, Document#102693, Book 1639, pages 163 and 164) STAFF COMMENTS: The subject property was created by deed on October 14, 1970,without the required approved access to a county-maintained road, contrary to the Subdivision Map Act and Butte County Subdivision Ordinance, by Individual Joint Tenancy Deed recorded as Instrument #102693 in Book 1639 of Official Records at pages 163 and 164. 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 J 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,per Ordinance 1013 which defines easement widths required based upon size of parcel. ■Butte County Department of Development Services■ ■ October 11,2007 ■Allen DET07-0011 ■Page 1 of 7 ■ • 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. It appears that the parcel size zoning requirements were met(the parcel was zoned A-2 in 19*. At the time of creation, the parcel does not appear to have the required approved access to a county- maintained road. Conditions 1 and 2 of Exhibit A to the resolution here attached require proof of the required access. NOTE: This DET application parcel abuts(to the west)APN 066-360-041,which is also the subject of a separate Legal Lot Determination application(DET 07-0010). YSIS: • The subject property was created by deed on October 14, 1970 without the required pproved access to aeounty-maintained road, contrary to the Subdivision Map Act and utte County Subdivision Ordinance. • taff 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. _. 1 The parcel is currently vacant. ' • The Environmental Health Division found that soils in the parcel area allow for 50 feet der bedroom double rock septic systems. Previous well an 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. At the time of creation the parcel did not appear to have deeded access rights to a publicly maintained roadway. The parcel may have such access via recorded document#89-32340 over Pine Canyon Road to Nimshew Road,a publicly maintained road. Conditions 1 and 2 of(Exhibit A)to the certificate of compliance resolution here attached require proof of this required access, which was secured subsequent to creation of the parcel,to meet the requirements of the COC and legalize the parcel. 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. ■Butte County Department of Development Services ■ ■ October 11,2007 ■Allen DET07-0011 ■Page 2 of 7 ■ 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, with accompanying environmental review would be required for uses inconsistent with this class 3 exemption. i 1 / Middle Butte D o deros Wa i F LL N i DE0 066 0 -00T011 -063 I.Ecn FG-0-LI AR 2 1/2 GOl TM�O DET 07-0010 AR 2 1/2 _........Pinsaayon_Dr__. Area Map 0.9itltlle Butte Dr DET 07-0011 066-36D-063 AR AR 21/2 GOL DET 07-0010 AR 2 1/2 Aerial Photo Map ■Butte County Department of Development Services ■ ■October 11,2007 ■Allen DET07-0011 ■ Page 3 of 7 ■ I RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET07-0011 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 066-360-063;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. Make llo ' g findings and approves Conditional Certificate of Compliance DET 7-00 wit the conditions as set forth in the attachment (Exhibit A) to the resolu A. The parcel size of+/-4.42-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 DET07-0011 ■Page 4 of 7 ■ DULY PASSED AND ADOPTED this 11"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 e ■Butte County Department of Development Services■ ■ October 11,2007 ■Allen DET07-0011 ■ Page 5 of 7 ■ 3 ` • • Resolution EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APN 066-360-063,DET07-0011 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 ■Allen DET07-0011 ■Page 6 of 7 ■ 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:'—Stac6f 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: DET07-0010 (Allen) Planner: Steve Troester 'DETOT:00=T1=(Allen) Planner: Steve Troester MEXT07-0010 (Graybiel) Planner: Mark Michelena 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 Exhibit "C" Creation Deed regarding Legal Lot Determination/ Conditional Certificate of Compliance DET 07-0011 on APN 066-360-063: RECORDING REQUESTED BY OFFICIAL.RECORDS BUTTE COUNTY•CEALIF AMD WHEN RECORDED WAIL TO ,t�'•cO111KrY REOUTRE W, N•... r N. E. Gullett -1 ' . Oct 111 IRI 3S PM 1970 3530 Neal Road LOUISE KLUFlIOCR e,TTo Paradi. c, California 9596 COUNTY RECORDER sou L J FEE Title Order No_ F=ow No- SPACE SPACE ABOV[THIS LINE FOR RECORDER'S USE RAIL TAI.TAT.M.MTn TO �1 DOCUMI TACY TCt,Y;mt TAS S-A _hi F N,,,a ,(/ ❑COMPJ7[D Oa Fat Vf.CL'C 0:•rRON.t.TY CotIVY(0.04 N- GdLCV ❑CCMPUT7D0::fes::V"7:C�^ F MUAURANLES won.tu � A .'L:C:: 3 S 3� /1b 0,L Lr autAlr:i 'f 1u: , . D :;:n L T _Ii,, ___ _ RA L6P 6-AL F onslun; dad.nnt or.5on1 Jcl.rolnin9 tax 1}r.l nsm. ��tbi�ibu�Y�oi�t����t�t�tp eeb WEt1EAN TITt2 soya Ro.los FOR VALUE RECEIVED, DELIA L. ARCHER j , GRAN-P--lo NEELY E. GULLETT end RUTH C. GULLETT, husband and wife, as JOINT TENANTS all that real property situate in the,`'unincorpora ted area 1 State of Califnmla,described as follows: 1. All Lhat certain real property situate in the County of Butte, State of California, described as follows: B.eln TEion of the Southeast quarter of Section 27, and a'. c Northeast quarter of Section 3•I, Township 23 Nurt1Y�$$ ;:"� East, M. D.B. and M. , and more particu171scribed as follows: f Commencing at the Northeast corner of said Section 34; thence along the North line thereof, South 89' 38' 12" West, I 1475. 99 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. 93 feet; thrlice leaving y said line, North 150 10' 32" West, 652,•.65 feet to the South line of Ponderosa Way; thence aion4 said South line, South 390 38' I 12" West, 31.03 feet; thence leaving said South line, South 150 10' 32" 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 eentet-line of the Pacific Gas and !electric ditch; thence following sairl ditch bank, South 260 32' 00" East, 230.42 feet; thence South 160 45' 30" East, 125. 22 feet; thence South 30 12' 50" Last, 168. 33 fret; thence South 270 10' 40" West, 142.28 feet; Llienee South 440 49' 30" West, 119. 0-1 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' 12" 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, 163� FAR£163 924. 31 feet to the point of beginning. ■Butte County Department of Development Services ■ ■ October 11,2007 ■Allen DET07-0011 ■Page 7 of 7 ■ Exhibit "C" Creation Deed regarding Legal Lot Determination/ Conditional Certificate of Compliance DET 07-0011 on APN 066-360-063: This deed is being recorded to correct boundary line. Dated October 12, 19 70 d Delia L. Archer { t STATE OF CALIFORNIA ) t Countyof Butte 1}a On Oct• 1'' 19_ before me,the undersigned, . FOR NOTARY SE1L OR STAMP a Notary Publi in nd f(ar said State,personally appeared_ Delia �. �rcher known to me to be the person_whore name t t: (trnnnmunrmfnrnrmu.nnnu::fl:.,,.,., subscribed to Oe within i rument,and acknowledged to me that a fie_ z ed the e. _ �cESTER A L � - , r f10:A. , C.t:lr.lt,lA ' MY(7—mi";., i.,,Vii,of f+ur�t Inl frp"c'March 6. gpppppp v N ary Puhlic mrzttfr,°fft'tr°fpffrrffrrrsnmrmm�uu n Name(Type or Printed) (e� MAIL TAX STATEMENTS AS DIRECTED AHBOVEc, Doc;uME�AOK Pw164 e i 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#: DET07-0011 Supervisor 5 District: Request: Legal Lot Determination/ Project Steve Troester Conditional Certificate of Planner: Senior Planner Compliance al Residential-/ Zone Date April 14, 1998 Zoning: AR 2 '/z Agricultural Parcel Size: +/-4.42-acres Residential 2 1/2-acre minimum APN: 066-360-063 Attachments: - A: Resolution with Exhibit A B: General Plan/Zoning Map C: Creation Deed (IOctober 141 1970; Document#102693_ Book'1639, pages 163 and 164) STAFF COMMENTS: The subject property was created by deed on October 14, 1970,without the required approved access to a county-maintained road, contrary to the Subdivision Map Act and Butte County Subdivision Ordinance. The creating Individual Joint Tenancy Deed was recorded as Instrument #102693 in Book 1639 of Official Records at pages 163 and 164. 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 1013 which defined easement widths required based upon size of parcel. l ■Butte County Department of Development Services ■ N October 11,2007■Allen DET07-0011 ■Page 1 of 6 s • 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. It appears that the parcel size zoning requirements were met(the parcel was zoned A-2 in 1966). At the time of creation, the parcel does not appear to have the required approved access to a county- maintained road.Conditions 1 and 2 of Exhibit A to the resolution here attached require proof of the required access. NOTE:This DET application parcel abuts(to the west)APN 066-360-041,which is also the subject of a separate Legal Lot Determination application(DET 07-0010). ANALYSIS: • The subject property was created by deed on October 14, 1970 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. At the time of creation the parcel did not appear to have deeded access rights to a publicly maintained roadway. The parcel may have such access via recorded document 489-32340 over Pine Canyon Road to Nimshew Road,a publicly maintained road. Conditions 1 and 2 of(Exhibit A)to the certificate of compliance resolution here attached require proof of this required access, which was secured subsequent to creation of the parcel,to meet the requirements of the COC and legalize the parcel. 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. 2 ■ Butte County Department of Development Services■ ■ October 11,2007 ■Allen DET07-0011 s Page 2 of 6 ■ 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, with accompanying environmental review would be required for uses inconsistent with this class 3 exemption. i j j�,•' Mldme awe D ffL.L7 I I I DET 07-0011 066-360-063 I.� AR 2 1/2 Ll GOL GTOM�O i DET 07-0010 E2 1/2 i I Area Map Middle Butte Dr ;zr DET 07-0011 066-360-063 AR 2 1/2 GOL DET 07-0010 AR 2 1/2 Aerial Photo Map ■Butte County Department of Development Services s ■October 11,2007 ■Allen DET07-0011 ■Page 3 of 6■ RESOLUTION A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET07-0011 WHEREAS, the Planning Commission has considered Legal Lot Determination DET 07- 0011 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 066-360-063; 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. Il. Makes the following findings and approves Conditional Certificate of Compliance DET07-0011 with the conditions as set forth in the attachment (Exhibit A) to the resolution. A. The parcel size of+/-4.42-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 granting of a Conditional Certificate of Compliance for the parcel will 4 s Butte County Department of Development Services n ■ October 11,2007■Allen DET07-0011 ■Page 4 of 6 ■ not be detrimental to the public health, safety and welfare. 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 e Butte County Department of Development Services v a October 11,2007 ■Allen DET07-0011 s Page 5 of 6 e Resolution EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APN 066-360-063, DET07-0011 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. L v Butte County Department of Development Services ■ ■October 11,2007 e Allen DET07-0011 ■Page 6 of 6 ■ NMI I X 7 a ° , own 760 380 0 760 1,520 2,280 3,040 3.800 4,560 5,320 6.080 6,840 Feet BUTTE COUNTY PLANNING COMMISSION Applicant: Neil & Cindy Allen 7 e e 'e 1 • _ rrrit c f 1 • �I� • • Ir ������ �� z ,4 P � Owner: I yo WI ' 1 . • .. 11 , • 11 • . . i • . orialDistrict#5 • • 066-360-0631 11 VICINITY MA _.W R Project Location ti ,Paradise 1,ra-) I L Elltt -Rd­ DET 07-0011 066-360-063 Exhibit "C" Creation Deed regarding Legal Lot Determination/ Conditional Certificate of Compliance DET 07-0011 on APN 066-360-063: RECORDING REQUESTED BY OFFICIAL RECORDS BUTTE COUNTY-CALIF AMD WHEN RECORDED WAIL TO oil/t -E CoUR�T D A.Y_ -I awa1GW �a�lp I:�. N— N. C. Gullett •• OC1 I4 11 33 1910 A.a.... 3530 Neal Road • :LOUIS,KLUDIDER Paradise, California 9595 COUHTYRECORDER aTw,.L J FEE Tule Order No_ Fear No SPACS:A®OVC THIS LINE FOR RHCOROMR'S USE r nw,t Twz a.w,zn.wn Tv 1 OOCIIAID:TAFY rrjtLM TA,s— F Mw..a � L•�d LLQ ❑COMPnDC:I P'"'[C l'::_C 0..^rQr:l.:YMt1V_((D.OR Ana.... CI CCIAPUT.DO::F::V•':1. C—A. 3 s 3C3 ( tl L /� _ - M:G L'{CUIIt7RAN:ES Lo�l•Jcl,rolnin9 ter - lova ncmn �I�tbibibu�Y�oi�t�e�t�t�tp eek W=TIMH TTL.[FORM"0.109 _ FOR VALUE RECEIVED, DELIA L. ARCHER 1 i l/ 1 GRA1-pIn HEELY E. CIILLETI mud RUTH C. GULLETT, husband and wife, s!- r. • r.• S as JOINTTENANTS aII that teal property situate in the unineorpora ted area 1 State of California,desenbed aa follows: All that certain real property situate in the County of , Butte, State of California, described as follows: gr[ion of the Southeast quarter of Section 27, and a'.portrltQ - is Northeast quarter of Section 3.1, Township 23 Nirth Last, M.D.B. and M. , and more 1 1 particuliEfscribed as follows: Cornmer-eing at the Northeast corner of said Section 34; thence along the North line thereof, South 893 36' 12" West, 1 1475.99 feet to the Northeast corner of Lot 2 of said Section 34, and the true point of beginning for the parcel hereir described; thence from said true point of be�innin„ c6ntinuing along said 1{ North line, South 890 38' 12" West; 3Z98 feet; Lhrnce leaving said line. North 150 10' 32" West, 652,:65 feet to the South line of Ponderosa Way; thence aionl said South line, South 5.90 38' 12" West, 31.03 feet; thence leaving said South line, South 150 10' 32" 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 Eentet•line 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; [hence South 30 12' 50" rasL, 168.33 feel; thence South Z70 16' 40" West, 142.28 feet; thence South 440 49' 30" West, 119. i.-1 feet; thence South 57' 39' 14" West, 329.90 feet; thence leaving said ditch bank, South 120 57' 56" East, 61. 71 feet; thence North 870 33' 12" 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, 39 PQI,463 9:=•1. 31 feet to the point of beginning. Exhibit "C" Creation Deed regarding Legal Lot Determination/ Conditional Certificate of Compliance DET 07-0011 on APN 066-360-063: I I This deed is being recorded to correct boundary line. Dated October 12, 19 70 t a /7' ,, ti Delia L. Archer F y i e STATE OF CALIFORNIA 1 t Covnry o! Autte On ()Ct- )' 19- before me,the undersigned. cc, ppn t( FOR NOTARY SEIL OR STAMP a Notary elia rI .nAnde or Bald State,penooally appeared er 1 known to me to be the person_whose name t e �nnrtrrrt°°rtrr:nmrmurmn.trurr..,,.,..e..^, 1 rubscribcd to a Xhin�iumen[,and acknowledged to me that a cd A ` Ori,F! A L �_h• nova: ..:u; � STfR ri' — I:1 .1 tt:tom(Cnt.l t:.l4 or rurrt let Commirr;on frp6n 61a.eh 6. 1974 ppp N tuy Public [nnurunrnn..... mrun:vn't.... nrr Name(T)rpe or Printed) e� MAILTAX STATEMENTS AS DIRECTED ABOVE Doc-uME�AQd Pw164 10 1 RESOLUTION 07-62 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET07-0011 WHEREAS, the Planning Commission has considered Legal Lot Determination DET 07- 0011 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 066-360-063; 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 DET07-0011 with the conditions as set forth in the attachment (Exhibit A) to the resolution. A. The parcel size of+/-4.42-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 granting of a Conditional Certificate of Compliance for the parcel will not be detrimental to the public health, safety and welfare. a DULY PASSED AND ADOPTED this 11th day of October, 2007, by the following vote: AYES: Commissioners Marin, Leland, Wilson,Nelson and Chair Lambert NOES: None ABSENT: None ABSTAIN: None NINA LAMBERT, Chair Planning Commission County of Butte, State of California ATTEST: TINA BONHAM, Secretary Planning Commission County of Butte, State of California Resolution EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APN 066-360-063, DET07-0011 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. 1� Butte County Department of Development Services �V T r TIM SNELLINGS,DIRECTOR PETE CALARCO,ASSISTANT DIRECTOR 0 0 0 0 7 County Center Drive o /� o Oroville,CA 95965 0 (530)538-7601 Telephone (530)538-7785 Facsimile cOUN'�y ADMINISTRATION * BUILDING *PLANNING October 12,2007 Neil and Cindy Allen 2709 NW 140th St. Vancoucer, WA 98685 Re: LEGAL LOT DETERMINAT: DET07-0011 APN: 066-360-063 Dear Neil and Cindy Allen: At the regular meeting of theButte County Planning Commission held October 11,2007,your request for a Legal lot determination on+A 4.42 acre parcel in the AR 2 1/2 zone at the eastern terminus of PineCanyon Road, 2.3 miles south from the intersection of Nimshew Road and Centerville Roadvas 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 i 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 and void. Should you have any questions regarding this matter,please contact Steve Troesterat 530-538-7I53 between 7:30 a.m. and 4:30 p.m., Monday through Friday. Sincerely, Vn�L '6q4\Tf-"-\ Tina Bonham Commission Clerk cc: Forrest Lindgren 7020 Skyway, Paradise, CA 95969 Resolution EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APN 066-360-063,DET07-0011 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". I County Counsel 5. If this entire matter or any finding,action or condition of this matter is appealed to the Board of Supervisors,the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. i � Butte County Department of Development Services O vvl �o TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o }�'-a o Oroville, CA 95965 cOUNty (530)538-7601 Telephone (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:066-360-063,DET07-0011. APPLICANT/OWNER DATE Butte County Department of Development Services �UTTF TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o /� o Oroville, CA 95965 0 -=�► - - o (530)538-7601 Telephone c�UPlty (530) 538-7785 Facsimile ADMINISTRATION " BUILDING * PLANNING October 3,2007 Neil & Cindy Allen, 2709 NW 140TH ST Vancouver, WA 98685 Re: DET07-0011,AP: 066-360-063 Dear Neil & Cindy Allen: Enclosed is a copy of the Agenda Report concerning your application for a Legal lot determination on+/-4.42 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. 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 PR 1J. NAME: Allen,Neil & Cynthia PROJ. NUMBER: DET07-0011 TYPE: Completeness of Application AVN: Evaluation 066-360-063 DEPARTMENT COMMENTS READY FOR HEARING? PLANNING PUBLIC WORKS —A40 � � l/{ 1 � � r ENVIRONMENTAL HEALTH COUNTY COUNSEL AG. BUILDING ASSESSOR FIRE GAADMINISTRATIONUDR Agenda\2007 IDR AgendasTROJECT COORDINATION FORM.doc Butte County Department of Development �QT Services 00 00 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 5, 0 7 County Center Drive - Oroville, CA 95965 c�U NZy (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„DET07-0011 Planner: Steve Troester APN: 066-360-063 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 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@buttecoun!y.net .net Signature: Department: Date: K:/Planning/Projects/A New File/[DR Memos/IDR Completeness 8/30/05 Butte Count De Stment of Develo ment Se ices ��TrF Y p p 0 0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive 0 - o Oroville, CA 95965 0 `�_'=`—=�`" 0 (530) 538-7601 Telephone cOUN'�y (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION BUILDINGPLANNING 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, DET07-0011 APN: 066-360-063 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: This is a Legal lot determination on +/- 4.42 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. 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: ❑ Yes Name: Date: GAPROJECTS\Trakit Merge Documents\REQUEST FOR COMMENTS.doc f "DRAFT"LEAD IN SHEET PROJECT NUMBER�DF�,11�' I —AP#(s): © 6p 6 d ` APPLICANT: OWNER(S): S?h2 REPRESENTATIVE: PROPOSED REQUEST: (by counter planner) 1 2 FINAL REQUEST: (by project planner) LOCATION: (by counter lanner} e vr. �v �k u arl P l,1li {- e . e- eJ FINAL LOCATION: (by project planner) EXISTING ZONING: 141A2 `Z GENERAL PLAN DESIGNATION: SIZE: J z SUPERVISORIAL DISTRICT#: DATE RECEIVED: — 2- 3 _ O COUNTER PLANNER'S INITIALS: � ASSIGNED PLANNER: j. Date Pro'ect Assigned IDR Date: 30 Day Complete: Tentative Hearing Date: COMMENT DISTRIBUTION LIST Project Number: PF T ©v�— 9 County Offices and Cities: Planning Division X Assessor's Office-Mapping _ BCAG. X Environmental Health — City of Biggs — ALUC Building Manager — City of Chico — APCD X LAFCo _ City of Gridley _ Butte Co.Farm Bureau X Agricultural Commission— City of Oroville _ Chico Airport Commission X Public WorkslLand Dev Town of Paradise Chief Administrative Officer 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: _ 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(GSA 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.: i J J TV pm I� l ? 1� 05-21-0T 04:19PM FROM-Vancouver Eookeeping 3606931486 T-689 P.002 F-407 NAM TAX sTATFMENT TO 'sane address as below' 89-02340 ; Reo Fee 11.. 00. WHEN RECORDED KAM TO t DOC 31. 35 r �1 Recorded I Total 42. 35 f NEIL E. AIdM I Official Records ; trey CINDY L. A= County -of BUTTE COUNTY TITLE CO. 5744-$ Pacheco Lane Butte t tt e , 5p5P Paradise, California 95969 Candace J. Grubbs ; L Recorder �►*. ; &:00am 28-Aug-189 RB 4 - RECORDERS USE ONLY -- ORDER NO. umow No. p-14674 GRANT DEED (J011-U MANCY) The undersigned grantor(s)dcclarc(s): Documentary transfer tax is$ 31 .35 p ` ( Speo X ) Computed on full value of property conveyed, or TAX ( ) Computed on full value less value of liens and encumbrances remaining at time of sale AID ( X ) Unincorporated area( ).City of Tax Panel No. 66-36-A7& 6.4 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, dealingg with hersepGrate property, SANDRA LST AALSE3Xj also Ia2own as SANDRA AALSEMP also known as *SANDRA LYNN DUNCAN, and DEBRA SPENCER, dealing with -her separate property, hereby GRANT(S) to NEIL E. ALLEN and CINDY L. AT7•'FN, husband and wife , AS JOINT TENANTS, the following described real property in the County of Butte , State of California: 'DESCRIPTION Al"IAMD H EMO AS EX UBIT 'A' AND MADE A PART HIItF,OF GENFERAL ACKNOWLEDGMENT 89 - 32340 * �• - --,w.,r✓r- +r.yr�.�sva.l:,�Y.r .Y,w�._ No.207 mom:-... _....r�rc"'M'�^+'��`� �-l�iY.✓�,,^I'r�r�+„v�i l .rr�^ �r^�+rr=. Sl 4 State of��Ievada On thi the day of _ August 119_8_9,before me, � SS IR County of `-- 1 the undersigned Notary Pub ,personally appeared �\ R Sandra D= Aalseth THELMA MAAKVA 0 personally known to me ' a Notary public-State of Nevada ❑ proved to me on the basis of satisfactory evidence Appointment Hef ordod le Pershing Ceunty to be the person(s)whose name(s) i c subscribed to the 3 NYAPPOI (TEXPlRE,5 M.17,19M within instrument,and acknowledged that _. she executed it. WITNESS my hand and official seal. Notary's Signature ATTEKnON NOTARY:Although the intonnatlon requested below is OPMONAL.it=00 orwant freudUent attwhmeAt of this certificate to artother docx,ment. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHENNumber of Pages Date of Document '. TO THE DOCUMOCUMENTT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above122 h wmONALNOTARYA380CLPMON-tntiRenv-iam.PnAm.71GA. _.s.... ... i 05-21-07 04.19PM FROM-Vancouver ookeeping 3606931486 • T-689 P.003 F-40T . No. 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 . iu 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 pointthat bears South 280 29' 00,1- west, 200.00- feet to the point of beginning. EXCEPTING THEREFROM all mineral rights .. iri 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 Himshew 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, 119.04- 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 12° 06 ' 01" East, 74.96 feet, North 010 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 26° 42 ' 12" West, 223.37 feet to" the North line of lot 2 0 in said Section 34; thence orlon said North line N 9 . 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 okeepina 3606931486 . T-688p9 P.004 F-40T 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 night. 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 lane South 150 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 I a point in the Northeast corner of said Lot 2; thence along the East line of said Lot 2, South 000 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 870 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 1 Electric Company, a corporation . PARCEL THREE: I 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 j 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 DOCUMENT 05-211-07 04:19PM FROM-Vancouver E okeepinQ 3606931486 • T-689 P.005 F-40T May 13, 1992 EASEMENT DESCRIPTION FOR NEIL ALIEN 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 fror4 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. LAND SURG - Ott L 's Ff. Gordon L. 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'3 .'%�- an lwvv 49" -p i INN ?1 a:{J�y "i k 773 PoeP°iM+ a Agamq n q n-1°Id}—I'NOLLQISNOO 3'1HVn1vA V Nod A.;)r+rW4R1 J-N.10f • 033(3INVUS r .0'C.,1; �"�i i:aj ;:a�i31ap•jcuu�' "11 &navgM NOd 3N1'I Smi SAg4v 8)Vdi1 jC :9nU�3tl 1,vIJ�l�O foo.. ;e:.• ,FSI "`0 1 OO gr.e.. /X,,+/�,' yA W Wtlit•. .'1 �j0i.• '�fl } asp Mr f0 !S3(1C51Ml1f E730�03lt AS oa�sat,o��t ueriA�o�ar .P44 -A I , l ' i 1 2 4 i (( thence Easterly along th-e South line or rAid lecSron 21, North.. � I P99 3A.' 12" Rash, 2x3.34 feet* to the' ce'n'tArli'ne of .said water line eadement; thenco !lorthorl,y mroliel to : ,i renrrrltne of `;lrsthew °cad, I:orth 03. 1F1 4'" west, 182.10 Ceet; thence �orth.+estnrly oare'llel with Acid AdjAvent tr t'-e !:I-Aherly line cr vie Iro.—Is ' .oarrel, North 74' 04' 05" West, 479.32 feet; 'thence'North 07' 07' � 19" Fest, 215.27 feet pparallel to tie ';est line of sAtd Rrocv.le pdreel; thence North 2V 35' 20 ''1" st 33.Kr) feet r.ore or less to i ! the headnate to the P.n. k E: Comoany ditch 11so to-Zether with one m1noratnch o'' water. NIS} C I . p105 ,lulu 2A I(Fj WTDM$ Ft... . ttaad__di, day[a 19_ 010 SvATe o1 CALwum A. Butte r• eb I mmdit . aary PubUc Lo and f« aid state. pwwoa y aPPou+d P0, INN bWWA to a� be be�Pawn—who a nye_ abao O d m tb.wt&b • went,and aebowled;3d to i�ii►/C.41.ba_—U00Aed tb..aaa.. C Wrnnao my b.od and*metal •�"�.``:^•tii'. ` tV ✓�`' U W'1111 , frW�li�i.d tmMmta p s.e.w.+i...r...p...�.r�.,�,..u,..�0 at�.a_..a ►a..r.. a%,. a w.� 4 4 n 4..w a.w�.a,.. r..r•w. i i i i II•rord&d.'crt the recuest of . I .. ..................................................................... I rlum to VCMHWw1tKN MU �.QwAms R...A..HRS,...F....CAAL .i.LIMF)fREY................. hPR ZZ IO 31 Pi 1976 f.0.2.1......G 1 nr k...H.d.................. . -.... :. ,. .. -. L! .I T ., ..r i '.acadisa.....Callf............-....----- [E j Escrow No.. ..... 29065 ' I t �I Grant D"d (Joint irowntri For value received N.E. CUUE77 AND RUM C. GULLETT, husband and wife, j • GRANT ... to F. GAIL HUMPHREY AND GEORGIA MAY 14UMPHREY, husband and wife, as JOINT TENANTS all that real property situate In the County of Dut-te , Stott of Collfornia, descfbed as followss Legal descrilo'.•ton is attached hereto: I z Being a portion of Lot 1 of Section 34 , Township 23 North, Range 3 ; I Eas :, M. 1). B. -and M., and more particularly described as follows: BEG LAVING at the Northeast corner of - aid Section 34; thence along the North line of said Section, :youth 890 - 38' 12" T•7est, 737.99 feet to the Northeast corner, of the N•3rthwest quar::er of Lot 1 o! said Sec- tion -34,; thence along the East line of the Northwest quarter of said Lot It Sou+:h 00 16 ' 32" Wet, 663.40 feet to the Southeast corner of the .Northwest quart.rr of .said Lot 1; thence along the South lisle ,of :;aid Northwest quarter, South 880 52' 34" Nest, 732.04 feet to the I .vest line of said Lot 1; thence along said West line, South 00 14' 52" East, 251.23 feet to a point 420.0,0 feet North of the Southwest corner of said Lot 1; thence parallel with the South line of said Lot, North 870 33' 12" East., 196.88 feet; :hence South 420.00 feet to the i South line of said Lot 1; thence alone said South line, North 87° 33' c 12" East, 1289.32 fee: to the Southeast corner thereof; thence along i the East line of said Section 34, North 00 18 ' 12" West, 1290.19 feet I to the point of beginning. u1 i EXCEPTING THEREMOM all mineral rights herrrtofore conveyed in a Deed from Charles Archer, et ux, to H. C. Crofoot, recorded August 25, I 1924 in Book 203 ofDeeds, at page 242, Butte County Records. TOGETHER WITH a non-exclusive easement fcr road purposes and public utility purposes over a strip of land 60.00 feet in width, lying 30.00 { feet on either. .Eide of a line beginning at a point on the West line of said parcel, which point bear9 North 450 ,00 feet from the Southwest i corner of said Lot 1; thence from said paint of beginning, South 87e 1 33 ' 12" West, 1272.98 feet. to the cei;ter line of Nimshew Ridge Road. l ' ` 1 j • t I 1 1 i I I i i :p ' t Send tae ttatemenh to Crantee as shown above Dowd 'Aprl .13,.�1 ..................... 1V.......... Ilett Rut 4�, ie�ff. SrArt Or CALIfOMA Cwmy d1► Butte.o. _......_......:........_.._..._...__ 4/1..9/76. ' ............ the undersigned ..............I.o/e»iM�nt �}. In and Iw -1d Canty and S'oI.• p..wIN opp-o,d N.L. Cullett..and.Ruth...C�....VN�.�.B.k.h. N re................. ... .. ...... ...._...... Iro.+n.o m. ro!.tti p.•.on 9 -o—o nw...s wb.,Ib.d Io row i"..,InNnrwv,and ar*no-rl.da.d ti IM owt t 'v„er.eQrl.,d fAe low.a ^•J i Cn•n.nllMuallll/ll/l ltln lr1111111111I tt 111111"". i! OFFICIAL SEAL (XJCuMENTnRY TR�NSffR Tex S 19,8a, WILLIAM D. HOLES � NOIR . ►.{.A '.t'1110.My Cv^pvtod on Full Valve of Property Conveyed or: ►.1k,PA1 �....{ Iw 1K 1 coven, t, lung R . _) Comp-,Ied on Fvll Valve Lest Lein% and N. co—rJ.e !►p7r.. leve 24. IY?P Encvmbre%mce% Remaining Lheteon at T;me of Seg. ' •••tinrnln•It.•rst:INg Ip � 1 Nor.thwcpy O i 1,11�U of END OF ►+plea rrbnc 1•.•.=�� ,1...V.gn. o�.nl d.1---qo.. ..m o.... DG."'OM `_ Northwcat r T i t I c Company of B u t c c County �ro. 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 899 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 890 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. ,Ascher, 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 Nims'hew Ridge Road; thence along said centerline, South 01- 18 ' 48" West, 699.23 feet; thence leaving said centerline, North 890 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 44° 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 01° 21 ' 09 West, 78.43 feet, North 090 38 ' 28" Nest, 60.84 .fedt, and North 170 00 ' 06" West, 118. 27 feet to the Northeast corner of said Parcel 2; thence North 26° 42 ' 12" West, 223.37 feet to' the North line of lot 2 in said Section 34; thence along said North line, North 899 47 ' 18" East, 99. 68 feet to a point at the Southerly corner of the (continued) ....... 1 •VVY f-4Y1 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 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 a point in the Northeast corner of said Lot 2; thence along the East line of said Lot 2, South 006 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 i.n' Book 419 of Official Records, at page 53, records of Butte County, California; thence * along the North line 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 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 Pacifie. Gas and Electric Company, a corporation . PARCEL THREE: An Easement for road and public utility purposes over a strap 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 Midge Road; thence along said centerline South 010 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 TOGETHIIt WITH one miners inch of water. END OF DOMENT _...: ...-... ._..___._. ...� ���..��r..� VVVVOVI'IVV 1'N00 r.000 r-4U( 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 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" last, 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. �S�p LAND ON L. gFfo Gordon L. SIrields L.S . 3346 ,* 1..�. 334P vai s C EXPIRES 6-30-92 I I of BUTTE COUNTY PLANNING COMMISSIO 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#: DET07-0011 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: +/-4.42-acres Residential 2 1/2-acre minimum APN: 066-360-063 Attachments: A: Resolution with Exhibit A B: General Plan/Zoning Map C: Creation Deed ( October 14, 1970, Document#102693, Book 1639, pages 163 and 164) STAFF COMMENTS: The subject property was created by deed on October 14, 1970 contrary to the Subdivision Map Act and Butte County Subdivision Ordinance,by Individual Joint Tenancy Deed recorded as Instrument #102693 in Book 1639 of Official Records at pages 163 and 164. 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,per, board,adopted table defining 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 DET07-0011 ■Page 1 of 7 ■ 4y. , it l " i " I 4 r � .W �S '9 .a �i9�ZcCrt.. ClLd�-�'� l.✓/ �CC6-t.f'� , It appears that the parcel size zoning requirements were met (the parcel was zoned A-2 in 1966). h Ihis parcel appears to have deeded access rights over Pine Canyon Road to Nimshew Road, a publicly maintained road. This easement was granted to the parcel when it was conveyed to the! Allens by the Grant Deed recorded August 28,_1989 as_instrument_no._89-32340. «� he_casem --- Q; _ { This DET application parcel abuts (to the west) APN 066- 360-041, which is the subject of Butte County DET 07-0010. ANALYSIS: • The subject property was created by deed on October 14, 1970 contrary to the Subdivision Map Act and Butte County Subdivision Ordinance.— Cell-f Y o • 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 p cel creation did specify a minimum parcel size. • The parcel is currently vacant. �✓� ��� �l�'�S/ • The Environmental Health Services 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 but doe appear to have domed access rights via #1435 OR 125 over Pine Canyon Road to Nimshew Road, a publicly aintained road., T is req irement is noted as a condition of approval here attached. :Ion C' G 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 revie ed and inco rated into the proposed project conditions. COC 4 "X CEQA REVIEW / I /e' z This project has been determined to be categoric71y exempt from the Califoyma Environm n al 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. ■Butte County Department of Development Services ■ ■ October 11,2007 ■Allen DET07-0011 ■Page 2 of 7 ■ 6 o eros Wa 7eros LL. . 07-0011 066-360-063 © ® � — -- LL1 12J — DET 07-0010 • • Area Map r• ` .,�� ^I. � Y�• �•'� ,l�t, �t'1.11 �•• � L' �`1 t .1A :��#'t'��;� ��• � 4• _ : 131, ..•;. . DET 07-0011 066-360-063 �j •,�. _fir a+. .. Jam. i • ET 07-0010 Aerial Photo Map Developmentn Butte County Department of October 11,200700 " RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET07-0011 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 066-360-063;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. Il. 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+/-4.42-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 DET07-0011 ■Page 4 of 7 ■ DULY PASSED AND ADOPTED this 11`h 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 ■Butte County Department of Development Services■ ■October 11,2007 ■Allen DET07-0011 ■Page 5 of 7 ■ EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APN 066-360-063;DET07-0011 I. CONDITIONS OF APPROVAL: 1. ` 'rovide two-way traversable access to the parcel from a publicly maintained road or state highway as defined i the jCounty C e'er 2. 944fa�Ual vow 4n tha - ('Providelaapproved access to the parcel from a publicly maintained road or state highway m accordance vdth,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. i ■Butte County Department of Development Services■ ■October 11,2007 ■Allen DET07-0011 ■Page 6 of 7 ■ BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: DATE: AGENT: APN: FILE#: -DET07-0011 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". IPublic Works Conditions: A. STREETS I ® 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. I i I BUTTE COUNTY �O RECORDING REQUESTED BY OSTTE OUHTY��ALf AND WHEN RECORDED MAIL To M(JT"tg COUNTY 7Y7L1;W. N...r N. E. Gullett .Oct;14-1135. AN 1910 Aneec.. 3530 Neal Road �W -a.C.-. Paradise, California 9596 EOUI COUHTT RECECORDER RDER �'C� ..,,.L J �c �J FEE Title OrderNo._ Irp: No EFACE ABOVE THIS LIN[FOR RECORDERS USK ' rAu rA><nAnR�wr.ro r 000UAtQ?ARY TRIP.-IfFM TAX S-/� N.rc 1 ^' ❑COMOUTFDOafL•LLtC•.C1rOFnrol"t7YCOtlV?/rO,OR Aon.... 'v>�•�v�"`� A 0C0MDUr-D0::F:::V••J;;,'wL:f::.&L:•ICUAt7RAN:ES Crn• 3 S 3 XXLt a _I RMINI i -G 1 .. O L L . ,a'D S!� --A I F . . __NVV._.._.._............-0 ( (. L 0 Hurl; doebnn}or eyonf Jcl.mininp•1e; firm•n�me �>rt�ibibttai�oit�t�eat��tcp�eeb Y►LOTEItN TITLE TORY NO.too FOR VALUE RECEIVED, DELIA L. ARCHER j GRANTS_to NEELY E. CULLETT and RUTH . CULLETr, husband and wife, F as JOINT TENANTS aII that real property o tuate in the'i nnineorpora ted area 1 unty of: :a�.ggpyp��_ ,State of California,destnbed as follows: i MW All that certain-real property situate in the County of Butte, State of California, described as follows: ion of the Southeast quarter of Section 27, and a po e is Northeast quarter of Section 34, To%%mship . 23 W5r- '; ,.East, M.D.B. and M. , and more particulaYZ.y` "scribed as follows: Commencing at the Mort.hea.s,t c:o.r-ne-r of said S:ec.tio:nx34;— thence al6ng.the•North,line,thereof, South 89.381>12Brest, . ,1475.98,feet to the bortheast corner of _Lvt2 of said gpSLion-34, and the true_point_of begin_nining for the parcel herein.described;' the�c-e_frq said true poinE of beginni continuing long said North line, South 890 38 "121 "Vilest, 2, 8 e'c'E;tth,cnc_e,lcaying' sad e; North,l5°10_32" West, 652.65 feet to the South line of Ponderosa wa.y; thence_aiong"sa`idS t lti ne,•South 8.90 38' 12" West, 31. 03 feet; thence leaving said South.line, South,150 ; IO' 32" East, 652,65 feet to the N.orthline ofsaid Section 34; then�`ce along said line, South 896 38' 12" West, 99.68 feet'to a p n-10.•=0.0=feet Westerly from the center line of the acific Las and Electric ditch; thence following said ditch.-bank,,South 26° 32'-00"East7230.42.feet; thence South 161 45' 30" East, 125. 22 feet;-thence S u h.3°12' 50`fast,:168733j.!et; thence Sotith,7.7°_ ) 10' 40" West, 14.2,'28 feet;_thence South 440 49' 30"_W._vst,_119. v"-1 feet; thence South 57'39' 14" West, ,3L 0 feet; thence leaving l said ditch,barik;South 120 57"561- East, 61, 71 feet; thence North - 876 3�3' 1211 East,4T33___l�t�eet to the List_line of said _Lot 2�f`' ',�„�, c�+ Sect_ion_34;.thence along said East line, North OD 14' 52" West, � f•Arf�U� 9.'• t 4. 31 feet,to the point of beginning. r;k:... `fi_s�.,.,; r';% `cul.•`:-lY:.' Vie;,-,;r)..x' ,•:, ,. Gi'•�': �:�: '•'r� .�;•.- '� `11;� +14.x::;:1�:.: �y�Mei'.":�Y~'� •. !.'��'�i:-�r"� 'L�ir�i'C�}�i�t� • BATT 13T Butte County Department o�DcIopmentServices HJer- 00 0 0 Tim Snellings,Director O O 7 County Center Drive ' ; ;Q1 d^ — Oroville,CA 95965 SE.R`V CIES O — O (530)538.7601 Telephone 0 �• 0 (530)538.7785 Facsimile C0IJ 14 ADMINISTRATION *BUILDING * PLANNING June 25, 2007 1 C j� ALLEN NEIL E&CINDY, �,� '2 J� � l 2709 NW 140TH ST. VANCOUVER,WA 98685 S�t�l�2 o` C.1/ al l� i � Com' I�� OA � re�- O S . REGARDING: "Incomplete"status of Legal Lot Determination DET 07-0010;APN 066-360-041. Dear Mr.and Mrs.Allen: ak 62kc T U co�> Pursuant to Section 20-62 (1. and 2) of the Butte County Subdivision Ordinance and S c ion 65943 of ��e�/ California Government Code, Title 7;Division 1, the above referenced project was dee d"incomplete" on June 20, 2007. The Land Development Division of the Department of Public Work is requiring that you submit the following: VO 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(er�,buttecounty.net. J SY, G Steve Troester f� �� Associate Planner e r �; � �t0 v t. � CC: Forrest Lindgren / '% I 7020 Skyway =! i Paradise, CA, 95969 CC: Eric Schroth, of the Land Development Division of the Department of Public Works nvrr Butte County Department of Development Services F0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o _L, `,,= 0 Oroville, CA 95965 0 - o (530)538-7601 Telephone c�UNZy (530)538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION * BUILDING* PLANNING June 1;2007 ' i 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, DET07-0011 APN: 066-360-063 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 iThe 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: This is a Legal lot determination on +/- 4.42 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. COUNTY SUPERVISOR DISTRICT NO.: 5 i ZONING: AR 2 '/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 a,buttecoun 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. i Please return response to project planner. IDR COMMITTEE —APPLICATION COMPLETE ® No Name: Eric Schroth Date: 6/19/07 ❑ Yes Name: Date: 1. Provide creation deed. � G TROJECTS\Trakit Merge DocumentAREQUEST FOR COMMENTS.doc I_ ' � fI i �7 2 - 1 - i 1 t II i L 1' - '1 rrF°� Department of Public Works � o0 0 o C o u m y o f B u t t e .0 0 0 o J.Michael Crump,Director land Development Division 0 0 7 County.Center Drive c�U Nay Stuart Edell, Deputy Director Oroville,CA 95965-3397 i0UgC1C W (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. X:\LD 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, C . Deputy County Surveyor cc: Chris Tolley—Planning Division QvTr Butte County Department of Development Services F0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o =tea0 Oroville, CA 95965 0 -,-= o (530)538-7601 Telephone (530)538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION * BUILDING * 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,DET07-0011 APN: 066-360-063 k 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: This is a Legal lot determination on +/- 4.42 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. 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@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: Eric Schroth Date: 6/19/07 ❑ Yes Name: Date: Ir1rovide creation deed. &TROJECTSUrakit Merge Documents\REQUEST FOR COMMENTS.doc _ _ „_ -- -� .� m .. .. 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 BUTTE COUNTY DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH 196 MEMORIAL WAY 7 COUNTC CENTE1 DRIVE 747 ELLIOTT ROAD CHICO, CALIFORNIA 95926 OROVILLE, CALIFORNIA 95965 PARADISE, CALIFORNIA 95969 (916) 891-2727 (916) 538-7281 (916) 872-6308 APPLICATION FOR PERMIT TO CONSTRUCT A SEWAGE DISPOSAL SYSTEM Owner's Name i 'e- w,a C r d L. A Ll a v) —Assessor's Parcel No. fo(,—3�.—6 3 Applicant's Name ( - c-A. L-" L- A It-e to hone No.( '903 ) `t`i K– 0 4 31 Mailing Address Iy t4-" o lelt, , W11- 91[oS iy 1. Construction Site �6'""� �►^�o�• pr. (Street and number or direction and distance to nearest crossroad) of Size feet x feet. 3,�� acres 'kPPLICATION FOR: New system for new building Auxiliary or secondary system ❑ Repair of or addition to old system ❑ New system to replace existing facilities ❑ tType of building to be served by proposed system: Mobile Home ❑ (size 1 No. Bedrooms Garbage disposal? House No. Bedrooms Garbage disposal? " Other ❑ (specify) Water supply for premises: (Must be safe, potable water) Community ❑ Private well Other Water supply for ajoining properties: Community ❑ Private well Other `? WORKMEN'S COMPENSATION INSURANCE ❑ I have placed on file with the County of Butte a certificate of Workmen's I am aware of the provisions of Section 3100 of the California Labor Code. Compensation Insurance. Which requires every employerto be Insured against liability for Workmen's Compensation. D4 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 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. 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 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 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 maybe 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. igned Owner Authorized agent ❑ Licensed contractor ❑ late g` (An original letter of authorization must accompany this application in order for an authorized agent to sign.) FOR OFFICE USE ONLY -egal parcel? Zoning Use permitted? kccess Rcpt. No. Vto Amount Nater plans cleared Potable water Comment S4-579R BUTTRpUNTY DEPARTMENT OF PUBL�HEALT DIVISION OF ENVIRONMENTAL HEALTH H 196 MEMORIAL WAY CNICO, CALIFORNIA 95926 7 COUNTC CENT61 DRIVEOROVILLE, CALIFORNIA 95965 1916) 891-2727 747 ELLIOTT ROAD 1916) 538-7281 PARADISE, CALIFORNIA 95969 1916) 872.6308 APPLICATION FOR PERMIT TO CONSTRUCT A SEWAGE DISPOSAL Owner's Name �. �d C,r\d�, L, !�-�i en SYSTEM Applicant's Name C i1 ssessor's Parcel No. ��,"6 3 Mailing Address I y I - ra t'V c�t•ci� F �L 1 t hone No. R o Q 1 ci 4 t�_ I. Construction I"1�1 - 9(.% I y Site BUTTE COUNTY DEPARTMENT OF HEALTH ` DIVISION OF ENVIRONMENTAL HEALTH �-;, r SEWAGE DISPOSAL PERMIT 196 MEMORIAL WAY 7 COUNTY CENTER 07 RIVE CALIFORNIA 95926 747 ELLIOTT ROAD OROVILLE, CALIFORNIA 95965 PARADISE, CALIFORNIA 95969 Phone: 538-7281 Phone: 891-2727 Phone: 872-6308 Date Issued y EXPIRES ONE YEAR`FROM/PATE OF ISSUANCE Permit Issued to To construct a sewage disposal system for: Located at: 21• 1 C SEPTIC TANK SYSTEM REQUIREMENTS W. Septic Tank (Inside Measurements) Leaching Field Length: . . . . . . ... . . ft. Total Length: . . 4-� . ft. Width: . . . . . . .y . ft. Trench width: . inches Liquid depth: . . ft. Minimum No. of lines . .'�.-. . . Liquid capacitygals. Rock under the . . . 6. inches Special conditions: r, , Additional leaching field will be required if experience shows it to be necessary. No part of the system may - be-lnc-ated--within_50 j eet of the center line of any County Road. _ NOTE: Satisfactory inspection by the Health Department i'§'required-before.backfilling or putting the system into use. Occupancy of a new building is not permitted until the system is approved. 40 Permit Fee S t i r Penalty Fee 8 Total-Fee 8 ��? • Building Sewer Fee S Issued By: .► r- k k f Sanitari n Receipt No.� — S31-27SR Butte County Department of Development Services oOTrF0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive 0 0 Oroville, CA 95965 0 ` "� (530) 538-7601 Telephone c�UN'�y (530) 538-7785 Facsimile t www.buftecounty.net/dds ADMINISTRATION * BUILDING* 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, DEyT07-0 APN: 066-360-063 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: This is a Legal lot determination on +/- 4.42 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. COUNTY SUPERVISOR DISTRICT NO.: 5 ZONING: AR 21/2 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@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. Please return response to project planner. IDR COMMITTEE —APPLICATION COMPLETE ❑ No Name: Date: X Yes Name: Darren Read Date: 6/1/07 G:\PROJECTS\Trakit Merge Documents\REQUEST FOR COMMENTS.doc BUTTE COUNTY; LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: ALLEN NEIL E&CINDY, DATE: 5/23/2007 AGENT: APN: 066-360-063 FILE#: DET07-0011 PLANNER: Steve Troester PROJECT DESCRIPTION: Legal lot determination on+/-4.42 acre parcel in the AR 2 1/2 zone. At the eastern terminus of Pine Canyon Road,2.3 miles south from the intersection of Nimshew Road and Centerville Road. Required for all Certificates of Compliance: Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is$7.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is$ .00 without conditions,$ .00 with conditions. This cost estimate is based on 1 page notification(first sheet), pages(s)of legal description attached as Exhibit"A",and page(s)of conditions attached as Exhibit"B". Health Dept.Conditions: _ Prove that adequate quantities of domestic water for a single family residence are available to the parcel. Prove that adequate sewage disposal area for a single family residence exists on the parcel. Provide a:"will serve" letter from verifying the property is within their district boundaries and that they are willing and able t6provide 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 1 I ' I Butte County Dep6ment of Development UT Services o 00 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 O -. .a 0 7 County Center Drive Oroville, CA 95965 cOU14 (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„D`ET07-0011 Planner: Steve Troester APN: 066-360-063 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 6/13/07.1_ 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. Mia Deput ►�Ag. Commissioner Department: griculture Date: June 4,2007 I UPlanning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 T DROP BOX COVER SHEET All of the following information must be completed. Writing must be legible. ! x Date: Assessor's Parcel Number: Owner and/or Applicant: Permit/Application.Number: E-Mail Address: Contact Phone Number: ' u8k_ ,W_LbLdS Directed to (Staff Person): C ; 7 _ FidelityNational Title Company 6141 Center Street Paradise,CA 95969 ~v U $U 7'T2r Butte CountyDeparLmentofDevelopmentServices �p :g h ,� o o Tim Snellings,Director '� `°" ��`l.t,� 0 0 O O 7 County Center Drive .'�j 5x'i' T a - - Oroville,CA 95965 :. (530)538.7601 Telephone O •�- �` O (530)538.7785 Facsimile C0(UJ 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@buttecoupty.net. .net. Steve Troester Associate Planner CC: Forrest Lindgren % 7020 Skyway Paradise, CA, 95969 CC: Eric Schroth,of the Land Development Division of the Department of Public Works � - y BUTTE COUNTY C• , 1 RECORDING REQUESTED BY j CFFIC1AL RECORDS BUTTE COUNTY•CfALIF EOUFSTO AND WHEN R[CORD6D►TAIL TO I��rI"f�."i�r�,11iATry Ty�S c W. NAM[r N. E. Gu,.lett ' ' • OCT.14 11 95 AN 1970 Aoowa„ 3530 Neal Road LOUISE KLUENDER C—a. Paradise, California 9596 COUNTT RECDRDER 'TATE L J FEE Title Order No— F--- -,ernar No —. . SPACE ABOVE THIS LINE FOR RECORDER'S USE ` NAIL TAX wTATX.1X TO DOMM/1TACY Trr.!!.Ftr TA: ❑COMP!Me D 0:1 RM\•._1E OF Pror.r-;Y C01mr(ro.OR ARewn■ )C°MPUTrD o::F.:::.V•' 7::,S L:G::G CiCUAt]RAN:ES At— � 35'3D _ /` a _� RU.AIN;' { -G if '.:'cD t �F R/'� �S�' Tq L 1 I� pn.lun; d�d�nnt or Xpanl Jclorpininp lex (Irm ncme �>it�i�ib�ar�oi�t�C�rt��tcp�eeb W[!T[FIN TITL[FORM NO.10f FOR VALUE RECEIVED, DELIA L. ARCHER j GRAM _to NEELY E. GULLETP and RUTH GULLETTI husband and wife* as JOINT TENANTS all that teal property situate in the'.;.'unincorpora ted area 1 Aunty of State of California,dewdbed u follows: All that certain-.real property situate in the County of ; Butte, State of California, described as follows: Di 2Eion of the Soutlheast quarter of Section 27, and a porgy. c Northeast quarter of Section 34, To%%nship 23 Nurt1 ., ' t!,East, M.D.B. and M. , and more particulaill ascribed 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 corner of Lot2 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 15° 10' 32" West, 652.65 feat to the South line of ponderosa Way; thence along said South line, South 8.90 38' 12" West, k31.03 feet; thence leaving said South line, South 150 , 10' 32" East, 65_2.-A5_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 161 45' 3011 East, 125._22 ;eet; thence South 3° 12' 50" East. 168.33 feet; thence SouN-2..7° 10' 40" West,•,142.28 feet; thence South 44° 49' 30" West, 119.0-1 feet; thence South 57° 39' 14" West, 3.29,90 feet; thence leaving said ditch bank, South 120 57' 56" Last, Q.71 feet; thence North 870 33' 12" East,433.12 feet to the East line of said Lot 2 of ce� Section 34; thence along said East line, North 00 14' 52" West, $QQX� � ?A '�63 f 9Z'4. 31 feet to the point of beginning. r�IXgwwy� r— - L ........ . .. )��Y^I•r ..Amari..wnjNe1._..*r•�+'4.T.1,.r„:4,�'nr'..r�.,,,ia^ ,. . . .. . -......_..'.-ir::V..�,-Zs'ti.'.'w.v.:_:v�..'yarY -.i....r•..,�.`rw J.rr'-is•�!.. .._....-'�ar;..J w...-.......-.. ...... .�..r.-...a..--. ... 1 'e F:,;L',•::`tai...,; -. „�`�°:%,'eye.�'`'?' .�.••.'_•�..,�•".� y 'ail;;,{•. h' 1 <f�i�'�•a�`••s`11�;tri:!�:!}i'�.':'wk'`��'''=s`�75�2>.:'lnttivi:','•'�tl�.1;iU�:iilk�t{�,�i: •�YIO `ffi�S'd�dl�'[i�1'ti$ii�(difs �l�:r3�55�'�tidlitN '`&'�'S�io•::,;rsiM'.ii�aJLr7f` `- �" kkr •; ' I I S _,._.....:: Recorded at the request of "• •• - - • • .. • • t � RECORDED AT THE REQU25T Op< NORTHWESTERN TITLr, COMPANY _ W�1) NORTHWESTERN TITIN COMPLY t Return to ! ...e.a .Q .....' �............. ° o ele$ !1 �.S ' f OFFICIAL RECORDS OF } � .............. 807TE COUNTY, CALIFORNIA Z 1N S S Retarder 9Z _......................._......�xC,.�t.. ` I F„e a RECDR9CR Sa Escrow No....�.�18.'P........... �' 1 13.50 Grant Deed n For value rextved.:'NEFLYE."'(MLETT-end RUTH- C. GULLETT,•••hia wife s t i GRANT........toCHARLES..C.-:CREECH-and-Z.ESLE.H..CREECH,..his wifa, -aa Joint Tenants, as to an undivided one-r.s.lf interest AND NADYNE KEPPLE, a widow, as to an undivided one-half interest of I ' all that real property situate.in the _ County(A Butte ,State ofaCallfrxnla,desuibeo as follows, Being a porticn of Loi 1 `of'the Northeast quarter of. Seation 34, Township 23 North, Range 3 East, M. D. B. & M., and mora particularly described as I " • follows: COMMENCING at the liorth quarter corner of sa,rLd Section 34; thence along the North line thereof, North 89° 53' East, 268.29 feet to the center line of Nimshea Ridge Roaal thence along said Road center line South i 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 and also being the true point of beginning for the parcel of land described herein; thence from said true point of beginning, continuing South 010 201 00" West elong said road center line, 4447.36 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 al, 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 in Deeds to Buss Suit et al, recorder) April 2, 1959 in Book 989 of f Official Records, at page 511 and recorded May 6, 1958 in Book 939 of I' 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, recorded May 14, 1947 in Book 419 of Official Recorde, at. paq•- 53; thence North 010 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 of land described in 'the Deed to Lucia M. Peterson, referred to herein- above; thence along the Southerly boundary line of said Peterson parcel, °5 :`.<• North 28° 29' 00" West, 200. feet to a point; thence South 890. 53" 26" 1 _ C :.�;:; :v�?.``>���'s'L:Y;::=net';..,;:•. '�,. _._: ;;yr ;.v;,�c„_;<aFiS.u,,..z•�.,, ..x�k���+:" ....�� .�"tl-" '.f'��',,.��jfi.a}. p�, •�P v�••• ..�. .;.�� .a'� �.�')�N':. ,�g�•Yy uSk •'LttrIIL •�. i .. 4., v' 1'.-a +'�.Yz �` t'•' .hViie'-¢ ,.+" .,x4t,<•.t.Ost x .1w'1.s, , I t II I North 286 29' 00" west, 200 feet to a points thence South 896 53' 26" west along_the_"South line of said Lucia Peterson parcel, a,dieEance of 695.8?feet to the true point of beginning. EXCEPTING THEREFROM that portion lying within said Himshew Ridge Road. RESERVING THEREFROM a non-exclusive easement for road purposes and publicC.3 t I utility purposes over a strip of land 60.00 feet in width lying 30.00 ' CA ` 1 feet on either side of a line beginning ata point in the West line of - the-above described parcel, which point bears South 016 20' 00" West, 204.66 feet from the Northwest corner thereoft thence from said point i 'of-b"oginning, East, 792 t'to--the' East line of said parcel% to l I li i1 I i ; i • t Doted ...._...Jul.Y-J.................................. 19.6.6._.. r � "" ........... � .................................................................................... ��.'.i:?��?,c,_fir%1.�;jG.1.':.':.fir:�::?�:z.... • i ✓ f- i � + STATE OF CALIFORNIA ...........................County of.....Butte....__...._........._..__..._..._......_ ss. r jon.............duly._6..................._..................... 1966........before ...... rIa.4'r.._.-...Vii:;`7hSon"Public, in and for sold County and State,personally appeared.L.••.(;.....BOn}LS1II..�Af1•�(vIf_�•...Bonham__._...._:........__.. :.r _yti..� ....... .................................................._.............._................................... r i known,o me ra be the "on -._....whose name 9...A>"•fllubscribed to the within Instrument,and acknowledged •t-. i .0 pe 9h0ed 10 Ins that . ..r.ue_26.,. 14.67_...-__._....._......._.......-My commission expires . � S�.[_ ,y sty Notary Pvbl �'•.�1 '1 :�. Northwestern Title Company of Butte Coun't`q ONS 1,� f .,... ..,;�..... ,— - ^;fie::-a— -- -•— -._... - -.... _._—.��_ r . JUL-12-2007 12:24 F�om:CBPOND 530 877 5460 To:5382140 P.1/11 e s - Ponderosa Real Estate ` 7020 Skyway• Perddlee,CA 95969 Buslnoso:(530)877.6244 Toll Free:(800)7641199 Fox:(530)877-5460 �Z -7Fax 1 To: )E' -- From: Fax: 3 Pages: Photrae Dater Roe cc;, 0 Urgent t7 Per Review O Please Continent 0 Ples Reply C)PleaSe Recycle e Cernmentm CONFIDENTIALITY NOTICE:The documents accompanying this tax transmission contain confldential Information belonging to the sender,which is legally privileged.The Infoimatlon 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,distribution,or the taking of any action in reliance on the contents of this faxed Information is striedy prohibited. If you have received th/s FAX In emm,,please notify us immediat&by telephone to enenge for return o/the faxed documents to us. JUL-12-2007 12:24 From:CBPOND 530 B77 5460 To:5382140 P.2/1.1 gutty CUui.tr%ncpw-wient 0nevelop zienlServices o®UrFo Tim Sneltings,Director O 7County Center Drive o o Orov81e,CA 95965 (570)578.160r Telephone ~�- O. O (570)5784785 Fac91mlle ADMINiSTRA11ON *1JU1LDING x PLANNING June 25, 2007 ALLEN N 1 L..F.1k CINDY., NDY., 2709 NW 140T.14.ST. VANCOUVER,WA 98685 REGARDING: "Incomplete"stilus of Legal,L,u1 l.)crt:rrniri�.Cirm L?I-'1'(►7-1:1(110,Al'N 066-360-041. Dear Mr, and Mrs. Allen: Pursuant to Section 20-62 (1 and 2) of the Bulk (:(nilly Subdivision Ordina.rrcc trail Sccti'on 65943 cif Califoniia Government Code, Title 7, Division 1, the above referenced project was deemed "incomQlete" on lune 20, 2007. The 1 awl Development Division of the Uepattrnent of Public Works is requiring that: you submit the following: 1. Prvvidc crvation document for A.NN 0(i(;-3tiO-(16'4 Z. Provide 1435 OR 125. Please contact .Eric Schroth, of Itr.c J;n.ritl 17eve 101rnrent Division 6f the Depmr•irnenl of Public Works cho,rld you have questions or require additional infurrt,xliun urr (his dcterrninnlion at 538-7266. We must thcrcforc declare that the project application is incomplete. 11his application will remain incomplete until such time as the ButTe County Land Devclopmcnt Division of the Department of Public. jWarks receives and approves this submittal. Should you have any further questions regarding this matter, T can he reached between thehinirs of 8:00 ami. mid 4:00 p.m., Monday. through Friday, at (530) 538-7153, or via c-mail at stroesfrr(i1bu11Ct;runtl'Y 11Ct. , Steve Trocotcr f Associate Planner f CC: Forrest Lindgren 7020 Skyway Paradise,CA.95969 j CC: Eric Schroth,of the Land Development Division of the department of Public Works 'JIMIUMISOR JO turd 641 n Iasi if't-76I 1 � _�•�. 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',t';,. i is WS All— Q CC*o 0 AT TMC RbOUev QP :{ Atr6.ded■t tot wQom al 4{ Ting to ..• r! NQS' • Q+rLN SensS[title Ce.. ��'��, . ORq�t..l AGCOtt0S OR ..........fi117la. ' IIO�-�__.-_...,.•..... Bt1TTb GOUNTI'. 'LICQAMA - ' .-_........'.tet..)Tu11ts1._..__._.._...._._.._....,-._ • ;�' ...... 2laptias.Cull■.. .-__..,..._... �!i-�L_�,�,�r . BRANT OF ED .1-Ati4.■1) q� For�alut fttn%al ZZ':. L. ... • "1Jn•■ , °! :" •,, CR.1\1'2.-_te 2ru-3 i:ZO, a sl.-.-:s ewn '.'•., ; aQ Awl ml Ir"t,witubm to tem CtgDl>d Bu t's .Slag of t.a1Jer iia.,6.vil-A r(olln.•■: port' ut Lo: l: in Section 27, �or.r irL,� :.,:9, Ban.11 I :c..:, Y. D. S- b ::., a:.S mors ;arttcu:arl� do .r1'e•: .. t'ollo.o. .`•e,lnnl'P• st '10 Saltht►or oGrnvr •!: Lo: :r.•a.t! 3.1 Zia 271 :yenee .; '-ar: 11•1; 1 " .feet nn:,) o: :)+n :n ,St la-s: ;: aerrar of :et•lo �ur:r.' tr o„ tho Pont*roe:. •tat -Qor:l V exas 1;;•;.a eanm!:- n! �r.a: Pnr.�e:70� .y' 3o•.G ' o dltii•.Ges of toKl raos hors er lona '.o an Srin n::4; vW' a ;Ins tc•,o; t:-OACtl Yn11:.--:7 •klol,E t::• can 16: If !'anGY•�!-: ::a% rr.: t16 :.et t: -. Do►r.t r 11t the 1Cor h»ue onrnaS of :orsalrt :�:'aa: of lartll ta.or:.ad to ta.e fm Ds1La L. .ro4, to Qn3• ,Lao ro •I:11 .%.a Junu 1. 1150 .rC Coag;. ovns 6, 19f.a Ln Book 11.761" ;C C:C1s; I hosv::r a•, ;•.�;a }36, .i.o •r.: ,, w. 11;J 1;J of 7stLr.: ono u- c. aa e •.n:es: n, 1L. a Atolr :•,-r.:o.: t-•.�+•a. t:nunr:ipE. .fent tte con:.: +C Pomisroaa :V ra:•.a ,, _:nano• of 2:E.40 ro•,tl t..6toe 3r++U'eesb;lP and Ptr;lls: +1:n ;',a 'aeato:ly :1:a o.f aa1: Le. .z.:0e1 0 d -mn•s of 65Z Cost more or :06 :a s ;ole.: o:. t e 11out%ar:y 11r.o or oalG lot 12T t anca, .A0ter1;, olor4 ::.■ :o.:oaa::; ::no o: sat%L Lot 12 a aLat•r.c or 20( too; -e V;s 9o•rtSseat r:.r1a' e: e::• Las ,.tool{ ti.ar:es „ar:h».■r. e:Lr slam(• A_._, Lie .•�Cei z,, .w.nca c: �;� :t.% -Aare or 1911.1 :n Its pe:nr of t:M,•:rr:Tj_. mrrgsa to L Crorsat tp' ay: 'r.+a'C.l..r:0. :e:.s: to,; :r..t L. archor, c6 wi;*% cited 7sbruarT 21, :7113 owl ruCart.a ca%:ua: 21, :a L, 1n b oz 20) a: ;;**do at !: paei 202, reca?ta, or :1atto : JUL-12-2007 12:29 From:CBPOND 530 877 5460 To:5382140 P.9/11 T.23N: *E.' M.0.13.&M. � AC N 66 --" 36 O. IA 0pL Olen 1'=400' -1 � 1 52 5 QoG �1 1�,39t h p !�♦�"• 1ggfSS IC 9I UNULK%J�A r ` ' <.. 55 . 2 y <.1 Y _� 54 l ♦ .y 3.67 AC 1.65 Ac' e 62 I �) �� i �q� %., vie 1.1e.gc �` e �� 1�y299 7 53 OU� x,1.04 AC 56 6A° O I 11 �A 61 44 45 46 6.4 �� 93 `I, .� .90 AC o o = , 12 3.41 AC 2.8 AC 2.0 AC 3.21 AC 3�AC 7.18 AC ,1 409 12 AC 1 AC b 200 Z84.R8 _ 1 27 � a ,b 17J.56 �- ------ •--• -� � 737.89 M AC 29 5 AC '� 63 .,A ,�15�� ria tofu+z 483 035.18 ' 65 5.6 AC 66z) 95 3.ot Ac .25 ACt PM G7-41 1n.38 AC ++cc.ca 0�2 +. C1 31 4.2 AC 28 AC 21 '� 320.87 E l z�1.6 AC- --- 32 33 1.8 AC 41 A 4.42 AC* -- --------- - ---------- aYt•8R- d03.G8--- -- Iti IAfl.9 2.14 AC 630 ! 35 36 2 AC 40� 40+.06 �11� i 6 AC 9 Butte County Assessor's heap n 19 a Ac A Book 66, Page 36 { 67 68 ; g r .23 AC 111,1 Rn twe.�z 3 7 MEA TO BY CREATED ON 10-1gg7 NOTE: These parcels are for aFseesmenf purpo; REVISF_O Hy BP REVISED ON .12-2002 e� EFFECTIVE P001-02 ROLL only and may not constituf.e legal parcels, Previous'Book 57, Porilon Of Poo 25 compiled b Me Outte Counly Arseesor's Office JUL-12-2007 12:30 From:CBPOND 530 877 5460 To:5382140 P.10/11 ddr 40*0 powr••of fv anr'YF3miy T.a't7.S COMPANY �p�. at •Tla: tFpy� Cw NO.t rN sown ' :afl�l .,.�w:SiU1�1 tt11f n�. .'tis. s .i.� ip d lob OdICI;L RFrogbS .1C r cc rr eV'1'T'b COUNir•ALIGCo'r1A 4r.4 q.... a Al. FS r, 1:3.50 Gimnt DOW F w far e-An KW id W=li B; :3ULLFTT apd.-MM C. (MLLM, his Wits, r,•< MANf__�aCKkAL C. CR B s �C1I end 6,nBL� Ciir.:C .. his elf . as JOW. TsraAtwo -as w sn undivided one-b*lf interest ASO r-AMME ZEPPLE, a 'vi:dow° aa. tp an .uadtr104d one-half interest of ed Ase ms1-plewlV m*mft In Ais Gassy a1 Butte. .asp of C40wr m AmmA d m(sps..r, being .a partim oa' Lot 2 of the Northeast garter of Section 14, T%Mnship 23 lloob. .1tomp 3 Feet. k. O. b, 6 N., slid mole particularly described on fol loft.e'' COOMOMPO at the North quarter aorner of said 96cctien 341 theme along "`�:, i ftra.>RsegA Yl»e thereof,. worth eV° .S3' Bart; ZGB_29 _r-t to rhe Center 11 '•�}iE'Mhwr ;a4Qge toad. thine: aiodg•;send Road -*enter line south .;�; '• 'Ol...;mt_.�!' M�t. t.Q0.00 :lerC::.tp, tlbe.'6otl.�vest•cptper off:a;•:8arcel v!• ` 1i00•Aboaslbm ie'e:0ied •ea Luv. 0 'M Pitilsegi;•.mik rded"Mitth ' 1, 1130 in E Back 40 of Otflelei Records, .at page 480 and also, being the erve point '. of b"fpniib9 for 'the- parcel of-)And• described lscein. .thence from said traw point.-Of beginning. cdntlnuing South OV W OJ" Heat slung Wald ti};:' sei4.,eencer line. 447..36 Leet to a..paint in the westerly extension of the ` Worth 1YAe o[ a Or4e1 0; land daacribed in•a used to Buss Suit, at at, .teas. ra;gogded April 2; 19S9. 1a Dock 999 of•Ot'tieia.1 Rtcosd>r; at•page S11: ate; tltie�Ci••.itorth 616••331' 12' soot ARO :ysra;lel to she•soueh tine or.aaid Lot, aiis sioiag tiro North liha or those two parcails -or land conveyed 1 .40tto fuss Suit 4t sl,. recorded April 2. 1157 In Boot 789 of Ofrteiel•.Aivords, at pave 511'and 'rscorded Nay 6. 1958. in Bbok 93) of Qrlicia'L JLscarrds, at patio 428. a distance or-602.•3P• feet io a point in r 'the:feet. line of a' parcel .of: lama• conveyed in a Dead to Clieirlss Santual May 14.; .1047 in 80ek 419 at OfficiaL Recordsat T; DMW SU thence 9orth Ol 20.► 000 to*t a:Leng the Meet line of the afoYr- ' rasflageB''�Duca.. 1. .: d.ir.tance of .79:4.3 feet to a p61ne; 'thence rforL� a' • °� ° t burthart i of that.� .t1.y1, les:l,:ca1 t?+o,• l *. Y.- pe at. parcel "aR bird ' ck4bed'ia tri :..rima tdl L iriA'.R. PeCeraolr; set�sco0 'to Mss�a- abosrr lkonee al-4649'the .southerly boundary' line or Paid Peterson parcel. Morn► I0-• 29!. 00" Mist. 200:feet•t0 s point 1 thence South 99• Sl' 26- A JUL-12-2007 12:30 From:CBPOND 530 B77 5460 To:5382140 P.11'11 'goat along the South line of meld Imela petersovi parcel. a distance of 685.67 feet to thu true point et beginning_ MC6p' 1M ZMUIPROM that pbrtift ler;ng within said M1M8h4w Ridge Road. M+ ".•? OMORM2W. TMRWROK non-tevelualve eieiwsnt for road purposes and publicC ! atility pncpo.ias over:a,atri•p of.iand 60:00 feet in width lying 30.00 Vt topt do eithae ride of a' line Opinning at .e point in-the heat line of a i the above drecciled percot. .elch point Metre Sduth 01.20• 00- west, 104.60 feet from the Northwest corner thorootr thence from said point of begkoning, east, 70 .95 feet to she Sect line of se.id parcel. r DOW O �. �_ ,"NIL �1<X.92R'l�ML*e'!`9..T0:"hTYar•i �. / �... '�`'"ti+•.._ - - '374 Oli>'a. Pa_radiae, C�liforltfa.95469 iX AAR Or Galosh ; s ��. 1 O �`��_%w......:�-riy.r........_.�..-_..'r_ to.9�•�i iM►.+� ..... .eMI�M►11�� y;, tsiyfirww:ar::i!!rM>�►`1M�!i�!!er+.e ..11vR!jt::Fy..' t�lT.:611'vJqUl�LS��d' T .t_ +•• �, ar"'so.e to d ibw Mim 4..:•1k nwo.S :, �d��Ylr�tiau+ti oM v&. I dww1 dor V-101.•u.MW A.�a T:' .......... �tthe i • Exhibit "A" Legal Description regarding Legal Lot Determination/ Conditional Certificate of Compliance DET 07-0011 on APN 066-360-063: All that certain real property situate in the County of Butte, State of California, describe 4 as follows: $ if? 9d`rtion of the Sotitlteast quartet• of Section 27, and a • o ; f3 ?;F die Northeast' quarter of Section 34, To%%7-isliip 23 Nu Ph'.- ftif .3, East, M. D. B. and M. , and mare particulXtly,db`dcribed as follows: Commencing at the Northeast corner of said Section 34; thence along the North line thereof, South 890 38' 12" West, . 1475. 98 feet to the Northeast corner 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 feet to the South line of Ponderosa Way; thence along said South line, South 8.90 38 ' 12" West, 31. 03 feet; thence leaving said South line, South 150. 10' 32" 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 feet; thence South 2.70 10' 40" West, 14Z. '41.8 feet; thence South 440 49' 30" West, 119. v"-i feet; thence South 57') 39' 14" West, 329. 90 feet; thence leaving said ditch bank, South 120 57 ' 56" East, 61. 71 feet; thence North 870 33' 12" East, M. 12 feet to the East line of said Lot 2 of Section 34; thence along said East line, North 00 14' 52" West, 924. 31 feet to the point of beginning. ■Butte County Department of Development Services ■ ■ October 11,2007 ■Allen DET07-0011 ■Page 7 of 7 ■ Of Po r4 yp1 , V Ww 2 I � 72 -- � 41, � ;. 3 3 + , v i rte... ,�`\ � A� �1 ;� _-•/-._.` tl G?1C1 C hM 3NI� I i ® ry-vY .. Vl^' ,0-�1 _� i � M - --4�-- N to a I , Z - i • 1 1) = 41 1.3 Lo �I1 (— �1 f 'A" i : I'jiMS!!E'h1 j 7 f j f o A. j 2 woe— Mr. NE"1L, AIL-L� { i g AffWM O ; I ati i i t �rb a a 3 2 S' 4 qi I N ::r yvay c 2LyS c�E7.!t ?7E7 —4 foot, ku z 14 .. • ' i'-1 • � it �� j4 1, � �� t� ,�f'O� - ��j t WaL C>t � f � `� � 7G.43 - �a ENyNfAINEAIiH f f AUG 2 4 1093 t N o`04? r( 3"W BUTTE i ' J COUNTY Lo-fjo• �? 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