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HomeMy WebLinkAboutRA 08-0003_PLANNING . ' VN� IN 111111111111111111111111111111IAI � fl SEPARATOR SHEET APN 031 - 229 - 00'1 PROJECT NUMBER- �F08 - Oc03 " Butte County Department of Development Services oOT TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 BUTTE o 0 7 County Center Drive COUNTY Oroville, CA 95965 JUL 11 2008 (530) 538-7601 Telephone cDUNty (530) 538-7785 Facsimile- DEVELOPMENT www.buttecountV.net/dds SERVICES ADMINISTRATION* BUILDING* PLANNING July 7, 2008 J W TO: Environmental Health w FROM: Brett Walker,Butte County Planning Division J g o of v SUBJECT: Request for Comments on a Development/Land Use Application C-4 C" ui APPLICANT: DAVID QUESADA, RA08-0003 W o o - APN: 031-224-007 z J < p 20 N AGENCY/DEPARTMENT z N CONDITIONsaurIGATION MEASURES DUE BY: July 22, 2008 W 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, 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 proposed Road Abandonment to vacate a 10-foot wide strip 77.5-feet in length along 6th Street and 143-feet in length along Shasta Avenue. The project is being concurrently processed with TPM07-0024. The area is approximately 2,372 sq ft. The project is located at the northeast intersection of 6th Street and Shasta Avenue, Thermalito. COUNTY SUPERVISOR DISTRICT NO.: 4th ZONING: AR, GENERAL PLAN: MDR'(Medium Density Residential) If a response cannot be submitted prior to the due dates listed above, please call Brett Walker at (530) 538-7470 or send him an email at jbwalker@buttecoupV.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: s Date: GAPROJECTSUrakit Merge Documents\DET\REQUEST FOR COMMENTS.doc 0 Butte County Department of Development Services �%3TTF TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR oo / o0 0 0 7 County Center Drive BUTTE Oroville, CA 95965 COUNTY 0 (530) 538-7601 Telephone . JUL 11 2008 cOUN'�y. (530) 538-7785 Facsimile www.buttecounty.net/dds DEVELOPMENT SERVICES Butte County Assessor ADMINISTRATION* BUILDING* PLANNING July 7,2008 JUL 0 9 2008 TO: Assessor's Office-Mapping OrOville, Cha FROM: Brett Walker, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: DAVID QUESADA, RA08-0003 APN: 031-224-007 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: July 22,2008 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, 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 proposed Road Abandonment to vacate a 10-foot wide strip 77.5-feet in length along 6th Street and 143-feet in length along Shasta Avenue. The project is being concurrently processed with TPM07-0024. The area is approximately 2,372 sq ft. The project is located at the northeast intersection of 6th Street and Shasta Avenue, Thermalito. COUNTY SUPERVISOR DISTRICT NO.: 4th ZONING: AR, GENERAL PLAN: MDR(Medium Density Residential) If a response cannot be submitted prior to the due dates listed above, please call Brett Walker at (530) 538-7470 or send him an email at ibwalker@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 toroject planner. IDR COMMITTEE— APPLICATION COMPLETE ❑ No Name: Date: ❑ Yes Name: Date: G:\PROJECTS\Trakit Merge Documents\DET\REQpUE�ST FOR �COMMENTS.ddoc�� -7,/0— y RESOLUTION -y A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING TENTATIVE PARCEL MAP 07-0024 AND FINDING ROAD ABANDONMENT 08-0003 CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN WHEREAS, the Planning Commission has considered Tentative Parcel Map 07- 0024 for Quesada, in accordance with Chapter 20, Subdivisions, of the Butte County Code on Assessor's Parcel Number 031-2247007; and WHEREAS, the Planning Commission has considered a Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, the Planning Commission has considered Road Abandonment RA08-0003 for Quesada, for consistency with the Butte County General Plan; and WHEREAS, said map was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on August 28, 2008; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division: NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: 1. Adopts a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels. B. The Planning Commission has considered the Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substanfial evidence that the Tentative Parcel Map (Planning Division File No. TPM07-0024) and Road Abandonment (Planning Division File No. RA08-0003) for Quesada, would have a significant impact on the environment. The custodian of the record is the Land Development Division of the Public Works Department. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The Mitigated Negative Declaration reflects the independent judgment and analysis of Butte County, which is the Lead Agency. II. Finds that the collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for the project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). III. Approves Tentative Parcel Map 07-0024 for Quesada, subject to the conditions found in Exhibit "A" and the following findings: A. The proposed map is consistent with the following Butte County General Plan Goals and Policies: 1.7.c Encourage development in and around existing communities with public facilities. The site is located in the community of Thermalito, and has public water and sewer facilities to accommodate the proposed uses. 2.5.a Evaluate carefully the air pollution potential of all development plans and proposals. Impacts to air quality were analyzed in the CEQA Mitigated Negative Declaration recommended for adoption. With the proposed Mitigation Measure #2 (Construction-related dust mitigation), no adverse impacts were identified. 7.Lb. Guide development to areas with adequate fire protection services. The site is within an urban area. A Condition of Approval requires the installation of fire hydrants or payment into a hydrant fund. The nearest fire station is located 0.92± miles northeast of the site on Nelson Avenue. B. The design and improvements of the proposed subdivision are consistent with County standards and policies provided all conditions of project approval are complied with. C. The project is physically suitable for the use and density of the proposed development because its density and residential use are consistent with local zoning, proximity to public and commercial services, and the natural characteristics of the project site. D. The design and improvements of the project will not cause public health or safety problems because the project site does not contain any physical characteristics that could cause health or safety concerns with the required mitigations and conditions. E. The design and improvements of the project will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision provided the attached conditions are met. F. The project site is not located within an earthquake fault zone. The site is located in Flood Zone "X", outside the 500-year flood zone. Compliance with Butte County Code Chapter 26 will ensure safety of structures and residents. G. The project would not have an impact to any aircraft operations because the project site is not located within an Airport Compatibility Zone. H. Approval of this project will not be detrimental to the public health, safety, and welfare provided the required conditions and mitigation measures are complied with. I. The project is consistent with the Medium Density Residential General Plan land use designation. J. The project would not cause a significant impact to any residential areas adjacent to the project site. K. The roads in the project area have the capacity to handle the vehicular traffic generated by the project because the increase would be negligible and local roads are not congested. IV. Finds that Road Abandonment 08-0003 is consistent with the Butte County General Plan Circulation Element and County Improvement Standards for roadways. The existing right-of-way for both 6th Street and Shasta Avenue is 80 feet, with 40-foot wide half-widths. The proposal to reduce the half-width to 30-feet is consistent with the RS-213 County Improvement Standard. DULY PASSED AND ADOPTED this 28th day of August, 2008, by the following vote: AYES: Commissioner's Lambert,Nelson, Leland, Wilson NOES: None ABSENT: Commissioner Marin ABSTAIN: None r; t Harref WilsoA, Chairman Planning Commission County of Butte, State of California ATTEST: vy� . ina Bonham, Secretary Planning Commission County of Butte, State of California EXHIBIT A Tentative Parcel Map and Road Abandonment for Ouesada on APN 031-224-007; File No. TPM07-0024 and RA08-0003: Tentative Parcel Map to divide a 13,387± sq ft. parcel into one 7,500-sq ft. (Parcel 1) and one 8,249-sq ft. (Parcel 2) parcel and a Road Abandonment to vacate a 10-foot wide frontage along 6h Street and Shasta Avenue, along the entire street frontage of the proposed parcels. The site is zoned A-R (Agricultural-Residential) and has a General Plan land use designation of Medium Density Residential (MDR). i I. CONDITIONS OF APPROVAL: Planning Division. 1. Mitigation Measure#1: All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed as a condition of the Map, and on all building permit and site development plans. Timing: The provisions of this mitigation measure shall be complied with at all times. Monitoring: Building inspectors shall check and ensure compliance on-site. The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project site. 2. Mitigation Measure#2: The following measures shall apply to all development activities on the project site. Additionally, a note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Dust generated by the development activities shall be kept to a minimum and retained on-site. Follow the air quality control measures listed below: Control Dust a. During clearing, grading,.earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered. f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. g. Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. Post Contact Information h. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices i. Maintain all construction equipment in proper tune according to manufacturer's specification. j. Where feasible, give preference to utilizing the following equipment: • Electric equipment 0 Substitute gasoline-powered for diesel-powered equipment • Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel. • Equipment that has Caterpillar pre-chamber diesel engines, as practical. • Diesel construction equipment meeting the CARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. k. Construction workers shall park in designated parking area(s) to help reduce dust emissions." Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Mitigation Measure#3: Place a note on a separate document which is to be recorded concurrently with the Map or on an additional map sheet stating: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the resource and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such resources are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains.. Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Department of Development Services shall ensure that the note is placed on all building and site development plans. Should cultural resources be discovered, the landowner/developer shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the landowner/developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Mitigation Measure#4: Place the following note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "To reduce construction- generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Limit construction activity to daytime hours (7:00 a.m. to 5:00 p.m.) with no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel engine-driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction.noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans. Timing: The mitigation shall be applicable during all construction activities. Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Department of Development Services shall investigate all complaints of excess construction-related noise. 5. That the applicant/landowner shall obtain the necessary permits to remove or relocate the residence that is located on the proposed boundary between Parcel 1 and Parcel 2. The residence shall be removed or relocated prior to recordation of the map. 6. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states "A development impact fee for school facilities shall be paid prior to issuance of building permits. Thee fee amount will be determined and calculated as of the date of application for the building permits." Public Works 7. Prior to or concurrently with the recordation of the parcel map, deed to Butte County in fee simple 30 feet of right-of-way from the physical centerline of 6th Street and Shasta Avenue along the entire property frontage. The right-of-way shall be sufficient for the installation of county improvement standard S-5 at all street intersections. 8. Prior to recordation of the parcel map, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the county improvement standards and the terms of the encroachment permit. 9. Prior to the recordation of the final map, construct or provide a performance bond and ; labor and material bond for the construction of a 1/2+12' street section on Oh Street and Shasta Avenue to an RS-2B county improvement standard. Minimum structural section to be 3" AC, 12" AB, prime coat, fog seal and 95 % relative compaction. Submit design to the Land Development Division for approval prior to construction. "R" value determination and other data may be required to support the section design. Form a zone of benefit or other approved maintenance entity within the county's permanent road division for operation and maintenance of interior street and storm drain facilities. 10. Prior to recordation of the parcel map, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained onsite and/or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. If storm drainage facilities serve new public roads, the developer must complete the formation of a county service area (CSA); zone of benefit within a permanent road division (PRD), or other Department of Public Works approved entity prior to recordation of the final map. The formation process will require the developer to fund the service until the beginning of the first fiscal year in which service charges can be collected and agree to an annual maximum service charge to ensure continued operation of the facilities. 11. Prior to final improvement inspection by the Department of Public Works, all new drain inlets shall be labeled with the county approved drain marker per county standard S-40. Improvement plans shall show and/or note the requirements for labeling inlets pursuant to county standard S-40. 12. Prior to, or concurrently with the recordation of the parcel map, pay the applicable drainage fees in effect at the time of recordation of the parcel map for the Thermalito East Basin drainage area. (The current fee is now $1,228 /acre). 13. Show all easements of record on the parcel map. 14. Prior to or concurrently with the recordation of the parcel map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492. 15. Pay the recording fees in effect at the time the parcel map and related documents are recorded. 16. Prior to recordation of the map, by application and fee to the County, request that the Board of Supervisors adopt a Resolution vacating a 10-foot wide strip of land along 6`h Street and Shasta Avenue, along the entire street frontage within the boundary of the parcel map. The Resolution to Vacate a Public Right of Way shall be recorded prior to recordation of the map. Butte County Fire/Cal-Fire 17. In lieu of hydrant installation, prior to recordation of the map; payment shall be made into the B6 hydrant fund at the current rate per lineal foot of street frontage. 18. Prior to building construction, provide an all weather access of at least 10 feet wide and with a vertical clearance of 15 feet that will allow for ingress and egress and accommodate 40,000 pound fire apparatus to within 150 feet of all structures. Environmental Health 19. Place a note on the additional map sheet that states "Development of Parcels 1 and 2 will require connection to a public water supply." 20. Place a note on the additional map sheet that states "Development of Parcels 1 and 2 will require connection to a public sanitary sewer." 21. Prior to recordation of the map, an independent water and sewer connection shall be secured for Parcel 2 from the Thermalito Irrigation District. Processing Fees 22. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees. County Counsel 23. 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 indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. II. NOTATION A. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. • �� O�?WTMF.n1T O,o o�UTTFo o o INTER-DEPARTMENTAL MEMORANDUM ° - ° o O PUBLIC WORKS DEPARTMENT O cOUN�y - A�'etrc VW'V TO: TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES FROM: STUART EDELL, MANAGER,LAND DEVELOPMENT DIVISION PUBLIC WORKS SUBJECT: PROPOSED VACATION OF A PORTION OF 6TH STREET AND SHASTA AVENUE,THERMALITO,ABN NO. 262.0699 AP 031-228-007,RA08-0003 DATE: MAY 79 2008 Abandonment has historically been used to describe the process used to vacate public interest in an existing road right of way or utility easement. The vacation process, as setforth in the California Streets and Highways Code, is used to abandon or vacate portions of public rights of way (roads, public utility easements, public service easements, drainage easements, etc.) which are no longer necessary for public purposes. Attached for your staffs review and action by the Planning Commission, are request for vacation, descriptions, copy of the petition for vacation of a portion of 6th Street and Shasta Avenue in Thermalito, signed by at least 10 freeholders, along with plats delineating the subject area, and copies of the letters from the utilities, except for AT&T. We will have a response from AT&T prior to review by the Planning Commission. The abandonment processing fee has been paid. Note that there may be a public services easement reservation for AT&T within the area to be vacated. These items should not affect the Planning Commission review or decision pursuant to Government Code Section 65402. The Department of Public Works has no objection to the proposed vacation. The vacation of this right of way has been requested in order to provide sufficient lot area to divide this existing lot with two residential structures into two separate residential lots, as proposed in TPM07-0024. If TPM07-024 is approved prior to this vacation being approved by the Board of PP Supervisors and recorded then a condition must be added to require such approval and recording prior to recording the Parcel Map. Please have the proposed vacation submitted to the Planning Commission at the earliest opportunity, to be considered in regard to the findings that the project is categorically exempt from environmental review and the proposed vacation is in conformance with the Butte County General Plan. Following Planning Commission action our department will further process the vacation and will take it forward to the Board of Supervisors. ueseda Vacation • Page ge 2 of 2 May 7, 2008 Please advise us of the schedule of processing by your department and provide us a copy of the Agenda and Planning Commission minutes documenting the Commission's action. All correspondence should be addressed to Stuart Edell, Manager, Land Development Division, Butte County Public Works, 7 County Center Drive, Oroville, CA 95965. If additional information is required, please contact me at your convenience. Attachments cc: all w/attachments Mike Crump, Director of Public Works (File 262.069) Michael G. Evans; 110 Sharp Road, Oroville, CA 95966 PETIT104FOR ABANDONMENT OF PUBLIAHWAY N0.2002-262-069 : TO THE HONORABLE BOARD OF SUPERVISORS COUNTY OF BUTTE DATE: June 1, 2003 Dear Board Members: The undersigned, being ten or more freeholders, at least two of whom are residents of the Road District in which some part of the highway affected is situated; and who, are taxable therein for highway purposes, do hereby petition your Honorable Board of Supervisors in writing, in accordance with provisions of Section 8321 of the Streets and Highways Code of the State of California, to ABANDON the following-described COUNTY HIGHWAY of the COUNTY OF BUTTE: See Attached Legal Description 1 .. EXHIBIT "A0l ABANDONMENT LEGAL DESCRIPTION kffR4tA#ffA*#ft4ffff4Aktf#ftk#ffi*A#ti4i#tf#ffkklkfkf4k##4tRAkff4f**ttRA*iif!#kftti###R4tti#k*ff#f4kttktkifk#fiiRRlft##kkftkfff#Rk ALL THAT REAL PROPERTY DESCRIBED AS A PORTION OF 6T" STREET AND A PORTION OF SHASTA AVENUE, BLOCK 21, ACCORDING TO THAT CERTAIN MAP ENTITLED "MAP OF THERMALITO, BUTTE COUNTY, CALA."AS FILED FOR RECORD 1N THE OFFICE OF THE BUTTE COUNTY RECORDER ON JUNE 8, 1887, LYING IN SECTION 12, TOWNSHIP 19 NORTH, RANGE 3 EAST, M.D.M., BUTTE COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 12,BLOCK 21,ACCORDING TO SAID MAP, SAID CORNER BEING AT THE INTERSECTION OF THE NORTH LINE OF SHASTA AVENUE,AN 80.00 FOOT WIDE STREET, AND THE EAST LINE OF 6T" STREET, AN 80.00 FOOT WIDE STREET, SAID CORNER ALSO BEING THE TRUE POINT OF BEGINNING FOR THE HEREIN DESCRIBED LANDS; THENCE_EAST,ALONG THE SOUTH LINE OF LOTS 12, 13, 14, AND 15, 153 FEET,TO A POINT ON THE EAST LINE OF THE WEST 3.00 FEET OF LOT 15;THENCE SOUTH, ALONG THE SOUTHERLY PROJECTION OF SAID EAST LINE,10.00 FEET;THE WEST,PARALLEL WITH THE SOUTH LINE OF SAID LOTS AND 10.00 FEET SOUTHERLY THEREOF, 143 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT,HAVING A RADIUS OF 20.00 FEET,AND A CENTRAL ANGLE OF 90°00'00';THENCE NORTHWESTERLY, ALONG SAID CURVE,AN ARC DISTANCE OF 31.42 FEET, TO A POINT LOCATED 10.00 FEET WESTERLY OF THE WEST LINE OF SAID LOT 12; THENCE NORTH,PARALLEL WITH THE WEST LINE OF LOT 12,AND 10.00 FEET WESTERLY THEREOF, 77.5 FEET,TO A POINT ON THE WESTERLY PROJECTION OF THE SOUTH LINE OF THE NORTH 70.00 FEET OF LOT 12;THENCE EAST,ALONG SAID LINE,10.00 FEET,TO A POINT ON THE WEST LINE OF LOT 12, THENCE SOUTH, ALONG SAID LINE, 87.5 FEET, TO THE POINT OF BEGINNING AND CONTAINING 2419 SQUARE FEET, MORE OF LESS. END OF DESCRIPTION RAARAA!#kiAAkAAlAkkA*!AAlRAA#AAAkAAAA4R!lAAAAk*ARlRkRAflAAlAAkAARAk#kAA#RAAA#A#AA#RA#A#AAAA4AAlAAIAAA*RAAAA!*fYllAAAAlA11Ak# Prepared by: PJ�ohnChristofferson, P.L. \_AND SU G.D.A., Engineering&Surveying 9G� file<07045ABND.wpd> July 13, 2007 J = p NO.4208 o Z 5_ Exp.06-30- _ 9TF OF RECEIVED 1A�c 08 2008 'COUNYT OFBU7FE U AND DEVBY..OPMPNT Diri'. PETITION FOR VACATION OF PHIGHWAY PORTIONS OF 6TH. STREET AND SHASTA AVENUE ADJACENT TO LOTS 12, 13, 14, & A PORTION OF LOT 15,BLOCK 21 , "THERMALITO WALL MAP No. 6, LYING IN SECTION 12, T19N, R3E, M.D.M., IN THE UNINCORPORATED AREA OF BUTTE COUNTY, CALIFORNIA. LEGEND LMAS EnEn t EXISTING LOT LINE E E = LOT LINE TO BE G SITE EXTINGUISHED —®®®®®—®® PROPOSED LOT LINE HAST U) L APN: ASSESSORS PARCEL No. EHA RSN: RECORDERS SERIAL No. AREA PROPOSED FOR ABAND- ONMENT OF RIGHT-OF-WAY VICINITY MAP SCALE: V 50' 1 I I N.T.S. — 40.' ice—EXISTING APN: 031-224-008 i 0 BLOCK 21 i I APN: 031-224 004 � I I (� 12 163 L13 i 94 L15 EAST 153' m10.01 I 30.0' 'n PROPOSEDLANDS OFI CD I QUESADA Cr APN: 031-224-007 FNE �z LO o APN: 0311-224-004 ma,--: RSN:2005-20811 o cn p 00rn ZV O 1 1 w IL 0 z POINT OF I cc BEGINNING I a I E I WEST 153E E nQn=900 R=20.00' WE T 143' LSD L=31.42' o S SHASTA AVE. a f L.s. 08 ` 6/30/2008 �`� 9� EXPIRE P P D OF CALZ ® ® ENGINEERING = DATE:-7 SURVEYING PlANNlNG JOHN D. CHRISTOFFER 220 CRAND AVENUE OROMU-CA 530533-2088 P.L.S. 4208, EXP. 6/30/ C-\GDA\Land Projects 2005\07045\da \07045DP.da 7/13/2007 7-02,43 A D Signature a Address 49 Print Name ON State Zip Date AC WAIN— N0.2007-262- Signature Y �, ..� -� Address 26 o S (-I u,v-,F)2 E-( �!f-7' Print Ni�m 1)�,y qJ-s:�A City �" `� State (4 Zip !Lj-o 7 3 Date,/z% o I Signature Address 6 Oc4- ion EZ9,Cg ` Print Name)ot4 D. GY/2c5 rb cs?so4 CiStateCA Zips 5- Date-21-2c-C>7 Signature AddressPy., 96),k S937 Print Na a U A t--c F& y z r o -bo o Y4 - Cityo- QU lo,rte' State 6+Zip 9 Date�7 Signature Address .� Print Name City Stated Zip dlS Date Signature Address ,�.�3� ��� SIZ Na a City Y I StateL'A? ip l•J��� Date 9 7 Signature Address -S Print Namc,( yl►'j5 CityState CA Zip Date w/1 !JJ Signature �AA-;?U"ot. L�,I C� ee�-fZAddress C Print Name , 1, City" StatQQZip_16— DateLO Signature Address Cc) Ifs r 1-1 Print Name Ct/I O /] City b � Sta Zip _ Date v Signature m Address Print Name City (� C v r P,, Stated Zip 2Q6,�, Date Signature 0 Address Print Nam c City Stat•ZQ Datej Signature Address Print Name v CiState Zip ccomc(lst Comcast Cable 427 Eaton Rd. Chico,CA 95973 February 12, 2008 Michael G. Evans Evans Fun Works One Nice Place Oroville, CA 95966 Subject: Abandonment of ten foot strip of ROW adjacent to property frontage along 6th Street and Shasta Street (APN 031-224-007), Oroville, Butte County, CA Dear Mr. Evans, Pursuant to a request regarding the subject easement and based on provided support documentation, Comcast Cable does not object to the proposed abandonment of the subject right of way. Comcast.does not require an easement at this location. ' r If additional information is needed, please e-mail me (kevin_bemiingham@cable.comcast.com) or call Brandon Stokes at the Chico number listed below. Sincerely, 1 Kevin Bermingham North Valley Construction Supervisor . 311 B Street Yuba City,Ca 95991 (530)790-3352 427 Eaton Rd. Chico,CA.95973 (530)332-5993 cc: Mike Benton Ed Bothwell "OU d l °.3.V" t'.J�.t r. �r a:t i e- u' Pacific Gas arias 350 Salem Street Don Chambers Chico,CA 95928 Technical and Land Services 530/896-4257 Chico Office FAX 530/896-4254 October 18, 2007 Mr. Michael G. Evans ' One Nice Place Oroville, CA 95966 R: Proposed abandonment of portion of 6th Street and Shasta Avenue fronting APN: 031-224-007, Thermalito Dear Mr. Evans: Pacific Gas and Electric Company(PG&E)has been asked to provide comments- regarding the proposed subject abandonment. r A check of our maps indicates that there appears to be no primraay PG&E gas or electric facilities, within the proposed area to be abandoned. Therefore, please be advised that PG&E has no objection to the proposed abandonment without reservation.. However, any service poles, wires or pipes determined to be in conflict, which may be inside the area of abandonment, and which needs to be relocated to accommodate new construction improvements will be relocated at the developer's expense, and will need to be coordinated with our local Service Planning office. If any construction.activities are proposed within the subject area,the contractor needs to contact the Underground Service Alert(U.S.A.), telephone 811, at least 2 working days prior to such,work. If you have any questions, please call me at 896-4257. Sincerely, 4on�aldW. Chambers Land Agent (file: Evans.doc) RRtGA� It , N IST tCT ► A Public Agency July 16, 2008 , 410 Grand Avenue Oroville, California 95965 ' (530) 533-0740 FAX (530) 533-9243 Butte County Department of Development Services Attention: Brett Walker, Butte County Planning Division 7 County Center Drive Oroville, CA 95965 DIRECTORS RE: DAVID QUESADA,RA 08-0003,APN 031-224-007 Brad Taggart Division 1 Dear Mr. Walker: Gary Allen Division 2 In checking our maps there appears to be no water or sewer Edgar C.Thompson. facilities within the proposed area to be abandoned. Therefore, Division 3 Thermalito Water and Sewer District has no objection to the Stanley J. Huston Division 4 proposed abandonment. Ernest L. Reynolds Division 5 However, please be advised any water or sewer facilities determined to be in conflict, which may be inside the area of abandonment, may need to be relocated to accommodate new Gary Alt construction improvements, including sidewalks, curbs and gutters, Manager/Secretary will be relocated at the developer's expense, and needs to be John Jeffrey Carter coordinated with Thermalito Water and Sewer District. Legal Counsel If you have any further questions,please contact Mike Edwards Compliance Officer, at 533-0740. Respectfully, 0 JaYm e A. Boucher General Manager Established 1922 r ,.. � ,. ,_ .. ... .. ��,. . -r. ... - ,�':! s yf� 'r:1 s; F t' '.� i �: t i ��. k�. ;� i4 I�� �' ':y�.. 4+f j' �1 ' #S- � yy,ryry�� ♦♦�� // fu� .. � � e�lddY.4Mn�Gy.,iv IX r.. l��t" � � r� �+�R �4,. Xs. rp• �. i. "w ::� 'Sd{!yy'. a'. f I" (`, \\ t Q PRTMENT oTT�o.(\ D6 artment of Public Works C o u n t y o f B u t t e 0 0 0 0 J. Michael Crump, Director LAND.DEVELOPMENT DIVISION 0 0 7 County Center Drive c�UNI� Stuart Edell, Deputy Director Oroville,CA 95965 p 9 (530)538-7266 �QC1C WO�� (FAX)538-7171 January 2, 2008 Mike Evans 1 Nice Place Oroville, CA 95966 Re: Vacation of a portion of 6`h Street and Shasta Avenue, Thermalito, AP 031-224-007 Dear Mr. Evans: We have reviewed your December 10, 2007 request for vacation (abandonment) of that portion of 6th Street and Shasta Avenue adjacent.to 1852 6th Street and 562 Shasta Avenue (AP 031-224- 007). Vacation (abandonment) has historically been used to describe the process used to vacate public interest in an existing road right of way or utility easement. The vacation process, as setforth in the California Streets and Highways Code, is used to vacate or abandon portions of public rights of way (roads, public utility easements, public service easements, drainage easements, etc,) which.are no longer necessary for public purposes. The process Butte County uses is pursuant to the requirements setforth in the California Streets and Highways Code. In order to process your request we will need the.following information: 1. Letters from the utility companies (Telephone, TID, Cable) stating they either do not object to the vacation or the will not object if an easement is reserved for their use. In order to speed up their response, a map detailing exactly what you propose to vacate should accompany your written request to each of the utilities. 2. A legal description and plat of the proposed area to be vacated, which conforms to the map submitted to the utilities. The legal description you provided is acceptable if the word DRAFT is removed. The plat you submitted is acceptable. Once all of the requested vacation information has been received by the Department of Public Works, we will, within 30 days, review it for completeness and confirm the petition complies with Streets and Highways Code §8321. For complete applications, Department of Public Works will file a report with recommendations to be reviewed and considered by the Planning Commission. If the Planning Commission recommends approval, the results of the Planning Commission Hearing, file information and Public Works recommendations will be sent to the Board of Supervisors with a Resolution of Intent to take an action setting a hearing date of not less than 15 days after the adoption of this Resolution. The public hearing on your request will commence on the date established by the adopted Resolution of Intent. At the conclusion of the hearing, if 6th Street- Shasta Aven� Page 2 of 2 January 2, 2008 approval is recommended, the Board;of Supervisors. will adopt a Resolution of Vacating the street, highway or easement and cause it to be recorded. Typically the public hearing process through the Planning Commission and Board of Supervisors is completed within 90 to 120 days after your application is deemed complete. If you should have any questions concerning this matter, please contact this office Monday through Friday, 8:00 a.m. to 4:00 p.m. at(530) 538=7266. Sincerely, Stuart Edell, P.E. Manager, Land Development Division cc: Mike Crump, Director of Public Works (File 262.069) Brett Walker, Associate Planner(related to TPM07-0024) January 11, 2008 T"ERNA-10� ® David Quesada RR TIOW 2805 Monterrey Ave. Soquel, CA 9507.3 `QST CT A Public Agency RE: APN: 031-224-007 410 Grand Avenue Oroville, California 95965 Dear Mr. Quesada: (530) 533-0740 FAX (530) 533-9243 Presently the District is serving water and sewer to two dwelling units at AP 031- 224-007: the addresses are 1852 6th Street and 562 Shasta Avenue. 562 Shasta Avenue is utilizing the services of 1852 6th Street. TID is willing to continue providing water and sewer services for 562 Shasta DIRECTORS Avenue on satisfaction of the following conditions: Brad Taggart Division 1 1. After careful review of your tentative plan and specifications for the water and Gary Allen . sewer installations to the existing dwellings, you will be required to apply for Division 2 a new water service and an independent sewer connection fronting Shasta Edgar C. Thompson Avenue for 562 Shasta Ave. There is no TID sewer main in front of this Division 3 ` property. The closest TID sewer main that can serve this property ends at the Stanley J. Huston South East Corner Division 4 Ernest L. Reynolds Division 5 .2. The water and sewer installations and disconnections shall be completed in a good and workman like manner, and shall be subject to TID Improvement Standards, inspections and acceptance by a TID inspector. 562 Shasta Ave. Gary Alt will be disconnected from the water and sewer services of 1852 6th Street. All Manager/Secretary sewer and water lines will have a horizontal separation of ten feet at the John Jeffrey Carter property line. Legal Counsel You will be allowed to reconnect 562 Shasta Avenue's sewer service to the existing TID sewer main that dead ends at the South East Corner of this property. The fees due will be for a new water meter, and the sewer will require an inspection and connection permit fee. These fees will be due before any connections are made. Therrnalito Irrigation District has no objection to the easement abandonment as long as the above conditions are adhered to. If you should have any further questions, please feel free to contact me at 530- 533-0740. Sincerely, /r Established 1922 Gary71tManager MAY Of', 2008 Genet r Butte County Department of Development Services 0 QTrFa TIM SNELLINGS, DIRECTOR( PETE CALARCO,ASSISTANT DIRECTOR o 0 o o 7 County Center Drive Oroville, CA 95965 0 o (530)538-7601 Telephone cDUN'�y (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION* BUILDING* PLANNING July 7, 2008 TO: Enter Agency or Department FROM: Brett Walker, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: DAVID QUESADA, RA08-0003 APN: 031-224-007 AGENCY/DEPARTMENT CONDITIONS/N LITIGATION MEASURES DUE BY: July 22, 2008 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, 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 proposed Road Abandonment to vacate a 10-foot wide strip 77.5-feet in length along 6th Street and 143-feet in length along Shasta Avenue. The project is being concurrently processed with TPM07-0024. The area is approximately 2,372 sq ft. The project is located at the northeast intersection of 6th Street and Shasta Avenue, Thermalito. COUNTY SUPERVISOR DISTRICT NO.: 4th ZONING: AR, GENERAL PLAN: MDR(Medium Density Residential) i If a response cannot be submitted prior to the due dates listed above, please call Brett Walker at (530) 538-7470 or send him an email at jbwalker@buttecoupV.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. Please return response to project planner. IDR COMMITTEE —APPLICATION COMPLETE ❑ No Name: Date: ❑ Yes Name: Date: GAPROJECTSUrakit Merge Documents\DE AREQUEST FOR COMMENTS.doc COMMENT DISTRIBUTION LIST Project Number: ��—�( 3 00S�e� -O p�c1_�30 33 County Offices and Cities: Planning Division c-X. Assessor_'s_Ofjue=Mapping _ BCAG ,e-X-----Environmental.-Health City of Biggs _ ALUC Building Manager _ City of Chico — APCD c X-��LAFG� City of Gridley _ Butte Co.Farm Bureau <: _AgriculturaLCommission City_of Oro` v_—ei11 = _ Chico Airport Commission r X �P_ulilic Warkslland Dev _ Town of Paradise _ Chief Administrative Officer County Counsel Fire Protection: t~X CCalifornia=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: cz-Z_:_ P-G&E=Nor-th--C:C-luco — acifl _e =A4_T5F-_T7__') Chambers Cable TV PG&E South-Oroville -x __ c m VV Irrigation District: Biggs/West Gridley Water _ Durham Irrigation Dist. Paradise Irrigation Dist. Richvale Irrigation Dist. _ -Table Mountain Irrigation Dist _ Sewer: L.O.A.P.U.D. Sterling City Sewer Main _ Skansen Subdivision(CSA 21) J 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.: