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HomeMy WebLinkAbout08-135~sr+^^^ar,~ ~ ~i © ~ ~ i : r r • fw ~~i ,}~S7 ivy B~~~~ ~~ S~U ~~R~~S~~~S. r tk . ~ : 1~. . ~t', .~rA ~; ,. ;'w,' COUNTY OF BUTTE, STATE OF CALIFORNIA '•+ L,~~(r~.~~r~~d~~ ~~'~ IvPSnl2tli~1~1 1VO.Q8-135 iRir^rrr+ RESOLUTION OF'CHE BOARD OF SUPERVISORS OF THC COUNTY Oh 13UTE GIVING NOTICE OF A PUBLIC HEARING TO VAC<1TE A PORTION OF THI? PUBLIC RIGHT' OF WAY ALONG 6TH STREET AND SHAS"CA AVI?NUE, THERl1'IAC.ITO, CALIFORNIA «'IH?RF:AS, this Board has received a reducst for vacation ofa portion ofa public right oi~way as described below; and WHEREAS, this Board initiates a procccding to vacate a portion of a public right of way as described below; and WHEREAS, pursuant to Chapter 3 of Part 3 of Division 9 of California Streets and llightivays COdC ~COI17menCnlg wllh SCCt]O11 8320 1hIS BOaCCf sllafl SCt a datC, hOUr and pfaCC 101' a hCal"Illg OR lhC request for vacation. NO~'~', THEREFORE, BE IT RESOLVED by the Board of Supervisors: That 11115 BOlil'd hel'Cby gIVCS 11ot1CC that at 1lS 1'CgUlal" meeling On NOVCmbC]' 4, 200c~', at IU:OU a,lll., in the Board Chambers, Butte Coullly Administration Building, 25 County Center Drive, Oroville Calif-ornia, a hearing shall be held to hear all persons interested in the vacation of that certain portion of 6th Street and Shasta Avenue, Thcrmalito right of tivay situate in the Cotu~ty of Butte, State of California, more particularly described in the attached Exhibit A. The lands described in Exhibit A, arc to be combined with and become a part of those lands as described in the decd to David J. Quesada and Karen Qucsada as tiled for record in Butte County Official Records at Serial Number 2005-002081 1, and cannot be sold separately. No additional lots or parcels arc created hereby. 2. That a map showing the public right oi~ way to be vacated is on file in the Oftiee of the Butte County Department of Public Works, 7 County Center Drive, Oroville, California 95965 3. That at the conclusion of said hearing the Board intends to vacate said public right oPway. 4. T11at this vacation procccding is being conducted pursuant to Chapter 3 of Part 3 of Division 9 of the California Streets and highways Codc (commencing with Section 8320). 5. That this Resolution be posted and published pursuant to the provisions of Chapter 3 of Part 3 of Divisio~l 9 ofthc California Strccts and highways Codc. 1Ze5olution of Intent Page 1 of 2 PASSI?D AND f1DOP"TE:D h~, the }3uttc Co~ulty Board of Supcrvi:~ors this 7th day of Octohcc, 2003, by the lollowing vote: AYES: Supervisors Connelly, Ya~~aguchi, Kirk, Do]_an, and Chair Josiassen NOES: Done AI3SEN I': None NOT VOTING: None ~1 _ Curt .(o~iasscn, Chair, E3Littc County I3oard oPSupcrvisc~rs .~~•r~rES~r: ,~ C'. Brian Iladdis -% Chicf~AdnrTi~~ti;Xtivc (~Iicc~; And Cl~t`l: o$ ~C i~ ~f; ; ~ ;.` ~ , f I3y- - ~ r ~ -~- lcrlcl©c~futy ~~ Resolution of Intent Page 2 of 2 EXHIBIT "A" ABANDONMENT LEGAL DESCRIPTI(JN kf*f*ff*f*fifff***ff4*********Si**f*f**ff***k**#fk*******f**fk*f***f*fff***ff*******fk*ff***k*4***f#t*****k********tf*********f*f* 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 IN 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; THENCE 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 *****k***********k**#*kR*********************k**********k***i********#***k*******f****************************k*********k* Prepared by: ,r,~ uuio~ r.~- John D. Christofferson, P.L. G.D.A., Engineering & Surveying file<07045ABND.wpd> July 13, 2007 ~~-PN d's'~q~ GNP' r' <<',L O ~ ~ '`F~ ~ N0. 4208 0 0 ~ Exp. 05-30- -°s.Z ~~ ~~ _ ~_,.N.. a ~ ~,~ ,'y I~UTTE COUNTY PLANNING CQMMISSION AGENllA Rh;PORT -AUGUST 28, 2008 Applicant: David (~uesada Location: 1711 the northeast conger of the intersection of b`" Street and Shasta Avenue, "fhermalito, in. the unincorporated area of Butte County. The site is located in the Oroville Urban Area. File #: "f PM07-0024 and RA08- Parcel Size: 0.31 acres (13,387 sq ft.) 0003 Request: A Tentative Parcel M.ap to Supervisor divide a 13,387 sq ft. parcel District: 4; Curt Josiassen into one 7,500 sq ft. parcel and one 8,249 sy ft. parcel and a Road Abandonment to vacate a 10-foot wide frontage along stn Street and Shasta Avenue. G.P.: Medium Density Residential Planner: Brett Walker Associate Planner Zoning: A-R (Agricultural- Attachments: Residential, 6,500 sq ft. r~: Resolution with attached minimum Parcel size) conditions Zone Date: 02/2811984 B: Road Abandonment DOCUnlentS APN: 031-224-007 C: Initial Study D: General Plan/Goning Maps E: Tentative Parcel Map EXECUTUVE SUMMARY This project is a Tentative Parcel Map to divide a 13,387 sq ft. parcel into one 7,500 sq ft. (Parcel I) and one 8,249 sq ft. {Parcel 2) parcel, and a Road Abandonment to vacate a 10-foot wide frontage along 6~` Street and Shasta Avenue along the entire street frontage of the proposed parcels. The abandonment, which requires approval by the Board of Supervisors (Board), would result in a thirty (30) foot wide half-width on both streets along the parcel frontage. The existing parcel size is not large enough to subdivide; a recommended condition of approval will require Board approval of the road abandonment prior to recordation of the map. ^ Butte County Department of Development Services ^ ^August 28, 200$ ^ Agenda Report - Quesada 7~I'M07-0024 and RA08-0003 ^ Page 1 of 12 ^ ~ California Government Code §65402 requires that the proposed Road Abandonment be presented to the Planning Commission to determine consistency with the general plan. A Finding of Consistency is required to comply with State statute. Two residences exist at the site. The A-R zone allows two residences on each parcel; there is the potential for a total of two additional residences at the site. One residence is located on the proposed boundary between Parcel 1 and Parcel 2. 'The residence will need to be removed or relocated to meet minimum setback requirements. Removal or relocation of the residence is required as a Condition of Approval, which is to occur prior to recordation of the rnap. Currently, a single sewer and water connection. serves bath residences. A new, independent sewer and water connection will be required by the Thennalito Irrigation District for the residence to be relocated, The project is consistent with the A-R (Agricultural-Residential} zone and the Butte County General Plan land use designation of MDR (Medium Density Residential). Staff recommends adoption of the attached resolution, adopting a Mitigated Negative Declaration (MND) pursuant to the California 1/nvironmental Quality Act (CTQA), approving Tentative Parcel Map TPM07-0024 for Quesada, subject to the findings and conditions in Exhibit A, and a finding that the proposed Road Abandonment RA08-0003 is consistent with the Butte County General Plan. PROJECT DESCRIPTION/SITE CHARACTERISTICS • This is a proposal for a Tentative Parcel Map to create one 7,500 sq ft. parcel (Parcel l) and one 8,249 sq ft. parcel (Parcel 2). • Parcel 1 is developed with a residence and accessory stnletures. The residence located in the proposed boundary between Parcel 1 and Parcel 2 will need to be removed or relocated to meet minimum setback requirements. • The A-R zoning would allow second dwellings on both parcels. • The proposed Road Abandonment includes a 10-foot wide strip of land rn~ 6`f' Street and Shasta Avenue, along the entire parcel frontage, consisting of 2,419 sq ft. a Maintenance of the roadways that front the parcels (6~' Street and Shasta Avenue) would be handled through a Public Works Permanent Road Division (Condition of Approval #9)- • Conveyance for sewage disposal is handled by the Thermalito Irrigation District (TID}. Treatment is handled by the Sewerage Commission-Oroville Region (SC-OR). • Domestic water is provided by TID. • Parcel 1 will front on 6`" Street and Shasta Avenue. Parcel 2 will front on Shasta Avenue. • The site is level and is located at an elevation of 235 feet above sea level. • Surrounding parcels are zoned A-R (Agricultural-Residential.). • Surrounding parcels have a General Plan land use designations of Low Density Residential (LDR) and Medium Density Residential (MDR}. • Surrounding uses are residential, interspersed with vacant land. ANALYSIS ^ Butte County Department of Development Services ^ 2 _ .. ~.-r,w,rn-, nnn,q ,,,.,a u nnu_nnn; . Pac,r~ ~ of 12 ^ Conformance s~_ith lonins~ and General. f lan a The proposed parcels are consistent with the A-.EZ zone. The proposal will meet minimum lot size (b,5fl0 sq ft.) and parcel dimension requirements. • 7,500 to $,500 sq ft. parcels are consistent with the Meditun llcnsity Residential (MDR) Gencla] Plan ]and use designation standard of up to 13 units per acre. "fhe average density of the ttivo residences is approximately 5 units per acre. • 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. 2S.a Evaluate carefully the air pollution. potential of all development plans and proposals. La~paets to air quality were analyzed in the CEOA Mitigated Negative Declaration recr~mmended _for adoption. With the proposed Mitigation Measure ##2 (Canstruction- related d~.~st mitigation), no adverse impacts were identified. 7. l .b. Guide development to areas with adequate fire protection services. The site is within aCounty-designated urban area. A Condition of A~~~~roval r°equires the installation of f re hydrants or payment into a hydrant fund. The nearest dire station is located 0.92 miles northeast of the site on Nelson Avenue. Road Abandonment • The proposed Road Abandonment is consistent with the General Plan Circulation Element and County Improvement Standards for roadways. The proposed Road Abandonment does not violate or hinder any policies of the General Plan Circulation Element. • ~hhe existing right-of--way for both 6th Street and Shasta Avenue is $0 feet, with 40-foot wide half.- widths. The proposal to reduce the half-width to 30-feet is consistent with County Improvement Standard RS-2B. • The proposed Road Abandonment will not create a hazardous situation at the project site or in the vicinity of the site. The current right of way width standard for 6"' Street and Shasta Avenue is 60-feet, with a 30-foot w7de half width. 'The proposed abandonment will result in a 30-foot wide half width. Butte County Departments and other Agencies Review • Comments/conditions received from Butte County Departments and other Agencies were reviewed and incorporated into the proposed project conditions, where appropriate. ENVIRONMENTAL REVIEW/CEQA ISSUES The initial study prepared for this project determined there would be potential environmental impacts in the following areas: • Aesthetics(Visual Resources -lighting; • Air Quality -dust control during site development activities; e Butte County Department of Development Services ^ 3 - - -,. ,. ,. ~_ r, __,._. n.,.~.~~~~ ~r Unfrm-f1C174 and R15.0$-000y a Page 3 of 12 e • Cultural Resources -discovery of potential cultural resources; • Noise - Consttazction-related noise; ],he initial study, which is attached to this agenda report, recommends four mitigation measures to reduce potential environmental impacts to a Less than significant level. The applicant is rectuired to pay California Department of pish and Game fees in order to record the Notice of Determination. The initial study/mitigated negative declaration was sent to the Governor's QfFice of Planning and Research, State Clearinghouse (CA Government Code §15073(d}). The State Clearinghouse Number is 2008072092. 1~ legal notice with a 30-day review period (July 29, 2008 -August 27, 2008) was mailed to landowners within 300 feet of the project site, and a notice was placed in the Oroville Mercury Register. ^ Butte County llepartment of Development Services ^ 4 _ _ _ . ,. ~ ,~ ~ r,._....,,a,. ~rnran7 mm~ ~„~i R A(1R_(1(1(l; .Pave 4 ~f 12 s RESOLU`T'ION ~~~-i`~ A RL'SOLUTION OI' TIDE BiJ 1ZC~ ~ 1AP 070024 AND ~ O ING ROAD APPROVING TENTATIVE PA ABANDONMENT 03-0003 CONSISTENT ~'VITIY TIIE IIUTTI!~ COUTITY GENERAL PI.,AN WI-ll/REAS, the Plaruiing Com~has~t i 20S Subdidviseo ~ ,~ofal~e Butte Countyd7- 0024 for Quesada, in accordance with p Code on Assessor's Parcel Number 031-224-007; and WI-IEIZEA5, the Planning Commission has considered a Mitigated Negative Declaration in accordance with the Califor~zia Enviromnental Quality Act; and WII>/RLAS, the Planning Commission has considered Road Abandonment IZA08-0003 for Quesada> for consistency with the Butte County General Plan; and WHLI~.I:AS, said map was referred ao enc es far nevi dv a~d coinrnents and agencies, County departments, and referr~ WHIiRL~AS, a duly noticed public hearing was held on August 28, 2008; and WHI`RI~AS tiro planning Commission has considered public comments and a report from the Plaru~ing Division: NOW, 7 HEREFORL, BL IT RESQI,VL-D, that the Plaru~ing Comrnissron: } Adopts a Mitigated Negative Declaration with the following findings: A. An Initial Study ,vas completed Saidollstudy ~Gidentifiede significant F,nvirorunental Qualrty A environmental effects and rir~ ificdaJ~ level~ation measures that would mitigate such effects below s g B, The Plaruling 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 Plaruzing Commission, including the Initial Study and any comn~enis received, there is no substantial evidence that the Tentative Parcel Map (Plaru~ing Division Pile No. TPM07-Od24) and Road Abandonment (Plaruzing Division File Na. RA08-0003) for Quesada, would have a significant impact an 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 Decrmhtis the Le d Age11r,yopendent judgment and analysis of Butte County, vtil TI, hinds that the collection of fees pursuant to Kish and Game Code Sec-tion 711.4 and l4 CCR 753.5 is required prior° to filing a Notice of Determination for the project, unless the project proponent provides verilrcatiou from the California I7epartrnent of Fish and Game that the praject is exempt from the fee requirement.. If a required fee is not paid for the project, the prajecC will not be operative, vested or final and any Iocal permits issued for the project will be invalid (Section 711.4 {c) (3)}. Ili, Approves Tentative Parcel Map 47-0024 for Quesada, subject to the conditions found in 1Jxhibit "A" and the following findings: A. The praposed map is consistent with the fallowing Butte County General Plan Goals and Policies: 1.7.c Encourage development in and around existing communities with public facilities. Tl~e site is located iN the cora~nazu~ity of T1~er~2~alito, and has public ~a~ater andser>>er facilities to accomr~~odate the pt°oposed uses. 2.S,a Evaluate carefully the air pollution potential of all development plans and proposals. Impacts to ai~~ quality i~irere a~~aly~ed iN the CLOfI A~Iitig~ated Negati~le Declaratiol~ recor~~naended for adoptior~_ l~}fitlz the proposed A~litigatiols Measure #2 (C~NStrttctloN-related dust mitigatiar~), r~o adverse i1~~zpacts ~a~ere ideiatified. 7.1 b. Guide development to areas with adequate fire protection services. The site is ~tritlai~l a~z urban area. fi Carzditio~~ of ~4pproval requil°es the iNStallatioN of ~1 e hydrants yr payn~elat i~~to a 1?tldra~~t fiuzd 'llae Nearest ire station is located U 92~ miles northeast of the site o» ItlelsoN Ave~7ue 13, The design and improvements of the praposed subdivision rrre consistent with County standards and policies provided all conditions of praject approval are complied with, C. Elie project is physically suitable for the use and density of the praposed development because its density and residential use are consistent with local zoning, proximity to public and commercial services, and the natural characteristics of the praject site. Z~. 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. 11. 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 eazthcC~a~-Ifloodlzone~C~omplianee located in flood Zone X ,outside the 500-)' with Butte County Code Chapter 26 will ensure safety of structures and residents. Cs, The project would not have anthmp~an A° port Compaf ~i itytlorre~ecause the project site is not located w H Approval of this project will not be detrimental to the public health, safety, and ~~~elfare provided the required conditions and mitigation measures are complied with- I. .fhe project is consistent with the Medium Density Residential General Plan land use desrgnation. I The project would nat cause a significant impact to any residential areas ad_}acent to the project site. I~ The roads in the project area have t~s~ thpanereaselwould be r1 gligible traffic generated by the project beca and local roads are not congested. ~- hinds that Road Abandonment 0$-0003d rCor~ltyislrr~provren~ent Standardsu~fo I General Plan Circulation Element an roadwa}'s. The existing right-of-way for both 6`~' S1~~eet and Shasta Avenue is $0 feet, with 40-foot wide half-widths. 711e proposal t~ ~~~ ~~~ho half-widtls to 30-~fuot is consistent with the RS-2B Count-y Improvemcn DULY PASSED AND ADOPTED this 2$`}' day of August, 200$, by the fallowing vote: AYES: NOES: ABSENT: ABSTAIN: Conu»issioner's Lambert, Nelson. Leland, Wilson None Commissioner Marin None ATTEST: ina Bonham; Secretary plam~ing Commission County of Butte, State of California Planning Cornrnission County ai Butte, State of California F,XHIBIT A `Tentative Parcel Ma and Road Abandonment for ucsada on APN 03I-224-007 File No. TPM07-002d and RA08-0003: arcel into one 7,S0~-sq ft. (Pas~cel l~) and 'Tentative Parcel Map to divide a ] 3,387 sq ft, p' ane 8,249-sq ft. (Parcel 2) parcel and a Road Abandorurrent to vacate a 10-foot wide frontage along 6°i Street and Shasta Avenu alaRes dential)landtl~as ar General Planll:o~d r s parcels. The site is zoned A-R (Agricultur designation of Medium Density Residential (MDR)- I Cp1~iDITYONS OF APPROVAL: Plarv~in Division. 1. Miti~~ation Measure #I: All lighting, exterior and interaor, shurce sl all sgiot s ~ned upon or illun i4aterdrrectly an lighting to the premises.. A isbht so any surface other than the area s~q~ ltesia hazard ltoodelNo l,~ ll~~a~icll eitheroonlpritv,~ to or rn a location such that st con property or the abutting highway or street. Pion 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 co,npliance aom ~]aint of Development Services Department shall investigate and respoi.d to un} 1 excess glare or light originating from the project site. 2~ Miti~`it!on Measure #2: The fallowing measures shall apply onaalscear-atesdocumentrwl li7islto belrecorded Addrtionally, a note shall be place P concurrently with the map or on an adbe rkeat to asimi limum land reta ed or~ssi e~ by the development activities shall p >;ollow the air quality Control measures listed below: Contr_______oi Dust a. During clearing, grading, earth moving, excavation, or transportation of cut or fi 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 w~a~nand whenever~wmd elxceeds Somiles per after work is completed for the y hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or Create 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. I-Iaul vehicles transporting soil cent to thetprojectpshallrbe clear~ze d at least once per f. Existing roads and streets ad_la day if dirt or mud from the project site 11as been tracked onto these roadways, unless conditions warzant a greater frequency. MD or g. Other measures may be requireordet~oocantral dr spropriate by the BCAQ Department of Public Works rn Post Contact Information h. Post a publicly visible sign ; irsh er onesl all respondbandatake correct~~e ~etiorl regarding dust complaints. T p ualit r within 24 hours., The teleph isible to bnsure cohmpBance ithr~BC~QMD Rule Management District steal! be v 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: o Ltectric equipment fl Substitute gasoline-powered far diesel-powered equipment a Altenlatively fueled construction equipmentLNGrt propar1es~>robiodiesel. natural gas (CNG), liquid natural gas ( ) ® Equipment that has Caterpillar l~rozneetin ort~e sCArRBns s 199p(,r aric11e~'~'er © Diesel constnrction equrpmen g certification standard for off'-road heavy-duty diesel engines. k. Construction workers shall park in designated parking areas} to help reduce dust emissions." Plan Requirements: The note shall be plne ~d oddatron~al nz p sheer r~~fhis note shall recorded concurrently with the neap or o also be placed on all building and site development plans. Timing: Requirements of-the condition shall be adhered to throughout all grading surd construction periods. Monitoring: The Butte County Departme~~ °s laced on a separateedo u ~ent~vl~lch Works Department shall ensure that the 1 is to be recorded concurrently with them ~P° eomplianedit~n s>te al3utteeCaluutyd~g inspectors shall spot check and shall Pollution Control District inspectors shall respond to nuisance complarnts. 3. Mitt anon Measure #3: Place a note on a scpatate document ul~ich is to be re 7°acl viiiots I~veallthe'pt~senc ~ of or on an additional map sheet stating: Should grading, cultural resources (i_e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; hwnan skeletal remains), ~~~orlc within 50 feet of the find shall Ceuaterthe relsoutce iatld implementl~app rop~Iate archaeologist can be consulted to oval mitigation procedrues. Should hum Count t Coroner~sShould tluerCounty Coroner requires Immediate notification of tl Y determine that such resoiu-ces are in an archaeological context, the Nursuantit State Heritage CommissionativeaGAnrei clot}spartib pao~i17ted dote mining t] e disposition of law, to arrange for N such remains- Plan Requirements: This note shalcl be play do~ an addttionaldn~ap sleet and~on all be recorded concurrently with the pat p building and site development plans. Timing: This measure shall be implemented during site preparation and ConStlUGtlan, Monitoring: The Department of Devcl tlonbenrecotded coneurrentlyewith the rnap or placed on a separate document which is on an additional map sheet. The ~ ri,aai des ofde elopm nti plansvicShould lcultura] that the note is placed on all bull g resources be discovered, the landowner/P1v~eloperDivisiont sl all, coot d Hate D ith s the and a professional archaeologist.. The g landowner/developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Mitigation n'Ieasure #4: Place the following note on a separate do~lu~~~ithatrstates:to` To redudcecl .onstrr ctio i with the map or on an additional snap generated noise the developer shall implement the following measures to mitigate construction noise tluaughout all construction periods: with no 1. Limit construction activity to daytime hours (7:00 a.m. to 5:00 p.m-) 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; ~_ Locate stationary equipment as far as passi olstfr0e Homeland pl o Ptnumber of this 5. Designate a Disturbance Coordinator and p person conspicuously at the entran~eaffectedebyoconstructiontnoise~arThisspetson nearby residents most likely to b would manage complaints resulting from constriction noise- The Disturbance Coordinator shall contact noise sensitive recel~~tors and advise them of the schedule of construction." Plan Regnia-ements: -this note shall be placed on a separate document which is tc~ be recorded concurrently with the map or° on an additional map sheet and shall be shativ3i on all site development and building plans. Timing: The mitigation shall be applicable durrf~g all construction activities. Monitoring: The developer and the Disturbance Coordinator shall be responsible far ensuring camplialiee wide this mitigation and sha11 respond to all complaints of: noise. Department of Development Services shall investigate all complaints of excess constructiona-elated noise. S. That the apphcanUlalidawner shall obtain the necessary permits to remove or relocate the residence that is located o~ or replocated prio todreco~dat on of the map~~d Parcel 2 Elie residence shall be remove 6. ~ note shall be placed on a se a~ sheet that statesllcA developmentrimpact fee forlschool the map or on an addrt~onal n p facilities shall be paid prior to issuance of building permits- Thee fee amount ~~,rill he deternzined and calculated as of the date of application for the building permits ~' Publi_____c Works 7. Prioz 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 6`" Street and Shasta 1~venue along the entire property frontage. The right-of-way shall be sufficient far the installation of county improvement standard S-5 at all street intersections. 8.. Prior to recordation of the parcel map, obtain an eneroaclvment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County improvemment standards and the terms of the encroaclunent permit.. 9. Prior to the zecordation of the fincloi struct ore of a 1I.Z+12' strc peserti~o~ on 6~nStreet labor and matezial bond for the and Shasta Avenue to an RS-2B county improvement standard. Minimum structural section to be 3" AC, 12 ~B, prime coat, fog seal and 95 °,~o relative compaction. Submit design to the Land Development Division for approval prior to conshuction. °°R" value determination and other data may be required to support the section design. Farm a zone of benefit or other approved maintenance entity within the county's permanent road division for operation and maintenal~ce of interior street and stone drain facilities. 10. Prior to recordation of the parcel map, a plan for a pezmranent solution f'or drainage shall be submitted to and approved by the Department of Public ~~Jorics. Elie drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained onsitc aid/ or conveyed to the nearest natural ar publicly maintained drainage channel or facility and sbal] provide that there shall be no increase in the peals 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); zon of bea }1 roved'rentity prior to rocardation of tl e~final mlap. L)epru-tment of Public ~, orlcs ~ 1 p The 1'ornlatian process will re~nrwhilch serv coe chargc:sfLCa~ belycollected and agree begrm~ing of the first fiscal year to an annual maximum service charge to ensure continued operatlan of the facilities- I I ,Prior to final improvement i~ swzth o]~e ~colu ty ~ graved dr Pubmarl~~r per ~cowlty drain inlets shall be labels standard 5-40. Improvement plstandar~d S 4p w and/or note the requirel~~ents for labeling inlets pursuant to county ~a the a ~licable I2. Prior to, or concunentty with the recordation of the parcel map, I y Pl drainage fens in effect at the time of recordation of the parcel map far the Thernzalita Last Basin drainage area- (The current fee is now $I ,228 lacre)- I3. Show all easements of record on the parcel map.. 14. Prior to or concurrently with the recordation of the par'ceI map, pay in full any and all delinquent, current and estimated t~eiher~Califorri a Gaven~imentPCode commenging Chapter 4 of Division 2 of Title 7, a with Section 66412. I ~_ Pay the recording fees in effect at the time the parcel map and related documents are recorded. lb. Prior to recordation of the map, by application and fee to the County, request that the Board of Supervisors adapt a Ia a of lierentiretst eet f ontagevwithin the boundaryrof 6'}' Street and Shasta Avenue, g the parcel map. The Resolution to Vacate a Public Right of Way Shall be recorded prior to recordation of the map.. Butte County Pire,'Cal-Fire prior to recordation of the map, payment shall be made 17. In lieu of hydrant installation, I into the 136 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 IO feet wide and with a vertical clearance ofal5aratus to ~~ithinal50 feet of~a l structudre~ress and accommodate 40,000 pound fire pp Lnv ironmental I-Iealth 19. Place a note an the additional mapvslate~ tsLr at lsyates "Development of Parcels 1 and Z will require connection to a publrc Pp ?0. Place a note on the additional reap sheet that states "Development of Parcels 1 and 2 will require corn7ectian to a public sanitary sewer' ~I. Prior to recordation of the map, an independent water and sewer connection shall be secured for Parcel 2 from the Z hermalito Irrigation. District.. Processin Pees 22 Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees. ~,Ollllty COllrlSel 23. If this entire matter or any finding, action or condition of this nZatter is appealed to the Board of Supervisors, the applicant or any otl~er developerloperator other thal~ the applicant agrees to indemnify the County of Butte from liability or Joss related to the approval of this project and agrees to sig~l an indemnification agreement in a form ahpr~oved 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 l~ireetors of Development 5erviees, I;nviron~i~ental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee.. Prior to such approval, verif cation shall be mane by each Dep~tment or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major' or signifrcant in nature shall require a formal application for amendment.. 1N~t ~~`~FPA~`T~E~~ ~~- ~~~PaAi~l~~~ pi ~~ i~ ~x~cJRK.S [~FPAR"1"NIFNT -~~z ', V ~ Qr~,P ~ o~ j w T TF ~~~~. //~ a ~ ~ ~ ~~ p~`gLlc WaH,~S TO: TII~1 SNELIIINGS, DIREC'T'OR OF DEVELOPMENT SERVICES . STUART EDELL,1~lANAGER, LAND I)EVELOI'lY)[ENT DIVISI®N 11t01~'i• PUBLIC WORKS SUBJECT : PROPOSED VACATION OF A PORTION OF 6TH STREET AND SHASTA AVENUE, THERIYXALITO, ASN N0.262.069, AP 031-228-007, RA08-0003 DATE: l~'IAY 7, 2008 Abandonment has historically been used to describ~ th~he vacationdprocess,t apubl~forthein the an existing road nght of way or utility easem California Streets and Highways Code, rs used to abandon ~ its adrai aoe j~a e~nents,letc )gwhich g way (roads, public utility easements, public seiv~ce easem , are no longer necessary for public purposes. Attached for your staff's review and action by the PI ova gort°on of 6onStaeet and Sh sta vacation, descriptions, copy of the petition for vacation p Avenue in Thennalito, signed by at least IO freeholders aAT&T~tWe v~illdhave a~response from area, and copies of the letters from the utilities, except f 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 reservatiosion review or decision pu suantbo vacated. These items should not affect the Planning Commis 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 es ntoeTtwopsQparateuresidentialt lotsa aos divide this existing lot with two residential structu ro osed in TPM07-0024. If TPM07-024 is approved priest beladded toioeq iresu h app oval P p the Board of Supervisors and recorded, then a condition m and recording prior to recording the Parcel Map. Please have the proposed vacation submitted to the that the gro emmi categorically exe apt opportunity, to be considered in regard to the findings P from environmental review and the proposed vacati ~ on our de f ar~ ntowill furtheBrtprocess the General Plan. .11 take it otP~ard toghe Board ofnupervisors. p vacation and wi 13 C~ucseda Vacation May 7, 2008 Page 2_ of Please advise us of the schedule of processing by your department and provide us a copy of the Agenda and PlaiuZing Commission minutes documenting the Commission's action_ All correspondence should be addressed to Stuart Edell, Manager, Land Development Division, Butte County Public V~rorks, 7 County Center Drive, C~roville, CA 95965. If additional information is required, please contact me at your convenience. Attachments ec: all w/attachments Mike Crump, Director of Public Works (File 262.069) Michael G. Evans, 110 Sharp Road, Oroville, CA 95966 14 F~ETITIC)N FOR ABANDQi~lIi11EN~T CAF EtJBL1C !-~a~t-i~VL~Y NC).2002-2C7_-069 TO Tt1E HONORABLE BOARD OF SUPERVISORS DATE:_.__.1une 1, 2003 COUNTY OF BUTTE Dear Baard Members: The undersigned, being ten or more freeholders, at least `wo of whom are residents of the Road District in o are taxable therein for highway purposes, da which some part of the highway affected is situated; and b etition your Honorable Board of Supervisors in writing, ~n ABANDON thehfollowingndescsbed COUNTY here y p the Streets and Highways Cade of the State of California, o HIGHWAY of the COUNTY OF BUTTE: See Attached >-egal Description 15 ~~WB ggpNDONMENT LEGt~I_ DESCRIPTION ttt4tttktktrttktttrttkkkkkkk**tk*#4*tttktkt*kkttkt#*trk*4tr*Dkk~St~tPORT10N~OFt6T *STREET*ANDt AkPORT10N OF ALL THAT REAL PROPERTY DESCRIBE SHASTA AVENUE, BLOCK 21, ACCORDING TO THAT CERTAIN MAP ENTITLED "MAP OF THERMALITO, BUTTE COUNTY, C/~LA•,~ LYING N SECTION OZ DTOWNSH PF19 NORTI-I~RANGE 3 COUNTY RECORDER ON JUNE 8, 1887, EAST, M.D.M., BUTTE COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ACCORDING TO SAID MAP, COMMENCING AT THE SOUTHWEST CORNER OF LOT 12, BLOCK 21, AN 80.00 SAID CORNER BEING AT THE INTE ST LINE OFO 6 " STREOET, AN 80 00 FOOT WIDEESTREEET, SAID FOOT WIDE STREET, AND THE EA CORNER ALSO BEING THE TRUE POIN E OFBOTS 12~13FORATNHDE ~ E1R53 FEET TO A PO NT ON ALONG THE SOUTHERLY THENCE EAST, ALONG THE SOUTH LtN THE EAST LINE OF THE WEST 3.00 FEET OF LOT 15; THENCE SOUTH, PROJECTION OF SAID EAST LINE,10.00 FEET; THENCE WEST, PARALLEL WITH THE SOUTH LINE OF SAID LOTS AND 10.00 FEET SOUTHE ~ ~pHUS OO 20 003FEETTAND A CENTRAL ANG o OF TANGENT CURVE TO THE RIGHT, HAVING 90°00'00"; THENCE NORTHWESTERLY, ALONG SAID CURVE, AN ARC DISTANCE OF 31.42 FEET, THENCE TO A POINT LOCATED 10.00 F ESTW N OF LOT 2 AND 10.00 FEIET WESTERLY THEREOF, 77.5 NORTH, PARALLEL WITH THE W FEET, TO A POINT ON THE WESTERLY G SA D LINE 10.00 FEETOTO A PIO NT ON THE WEST LINE FEET OF LOT 12; THENCE EAST, ALON OF LOT 12, THENCE SOUTH, ALONG SAID LINE, 87.5 FEET, TO THE POINT OF BEGINNING AND CONTAINING 2419 SCIUARE FEET, MORE OF LESS. END OF DESCRIPTION tAt#*kk*#i*kk*k4kkk*AkkktrAktk*kkk*ktr*kAkA#kktAA*4tAA*kA'kkkA**AkA'kktA'`'A#tAkkkt±~k4tr*kktrtk#kkt4tskQAA#t**Ak6kA4'e'4#kk&dtkfik@Akt ~o LPN D SUh,~.c ~~ GNR ~~~ 'J ~ ~~~' 1 i J o N0.4208 o z Exp. 06-30- ~s-~-- s~~TF GQ~F~Q OF 4 v J< <i ~t __ .. .._ ., _,9. ~:, ~,., sip ~; % ~' ~! ~ 1 6 __ _ - - - - ~ ~a _n FC)R _ _, a,-- - _ W~ _~~ 1 ^~ ~G~ ~~ L~ _ ~ ----- __-- -- - TIC ~T~E~T ~~i~ ~1i~~,~T~ ~~l~v~l.:l ~~J~~R~T ..j.~ ~~CJI~TI~~I~ ~~ ~ ~' ~ 13 14, ~ A PC~Ia,TIQN OF I_(~T ~ 5, ~LC~CI~ 21, ~,TI-~ERNi~.~l~Tl C~~, I_OT.~ 1 , T~93N, F;3E, ~VI.'D.I~-~ I WALE IVIP~P Na. 6, LYIi~G IN ~E~T ~ ~ CfJUNT~(, GALIFC~R~IP~. Ut~INCORPOFiRTED ~RE~ Qr RU -~-.~_-~.__' E _. o E -- - APN: RSN: L~~ - EXISTING LOT LINE LOT LINE TO BE EXTINGUISHED PROPOSED LOT UNE ASSESSORS PARCEL No. RECORDERS SERIAL No. AREA PROPOSED FOR ABAND- ONMENT OF RIGHT OF-WAY ~ ~ _ ; _-d 40' i-=~-- EXISTIN ,- i i I o , I APN : 031-224-008 RL®CK 21 ~_~ N.T.S. I 1 APN: 031-224004 SCALE: 1"-50' _ i I_`I 2 I L~13 I L14- ~1 ~~ I _ _------- ~~ ------ _ _ - - _ I 1 ~~ __~ _- - ~ - -~-- I EAST 153' I I I m _ ~ ~ i I a _ 10.0 LANDS t~F -~- 30.0' ~ PROPOSED CC {/~~ //~~ ~ I ~ "~ QU [~Sf-1Dt'1 C3 p ~ p r- z w z ~ APN: 031-224-004 F=- °' APN: 031-224--Q07 F- cn ~ r ~ ~ m O RSN: 2005-20811 0~ a 0 6' I z ~ ° w o I I z POINT OF BEGINNING I ~ I -_---_ I _-- ~ WEST 153E E _ --1------------ '- E 1 13=20.00' d°. °o ~ Ck~ISrO,~ jl L=31.42' ~ ~ p• • ~ _ G ~-p ~ . c_~ =-=s~-~---~- ti, ~~ ~~ a ~ L S 08 ~~ 6 f 30 f 2008 ~~.~ y EXPIRE _.. _ -_ DATE J_-/3=0~-- ~~. 1 llIC9NiTY I~iIA~' f~~d~E~ess_,--------.._. ---------- a~-~~E~~r~-_---- - --------..-..----- -- ._ ---- Cit~f~ e ~t~t~_ ._- dip--. __--- _:.~ ~. P~-~'~t"i~E~~~t~~A~Ai~r~~~~ ~'~i.~. ietq i'=Fit~i ~~~ :~~~e __ ~~.~ztl~"7-I~~- - 1 ~ ~ ~ ~ ~___ -.-_...-- r of ~ `c- >~ t l ~~ d ,4 f ~ ,~ ~~ Address - f~ o ~ r` r u - __ _,. ,~ Lam' ~,c~ /? ~ .- ___ .---- - ~ / ~ ~: 7 i- - (~: ~ l ~ 1 ~ ~~ J - ~. ~ , V -- S it~J~. ~Y_ _ ~~~~'~ ` r ~ l~I _ [?ate <J/zr ~~=~,~ ~~ Address ~~.~~~~' S~~~~!~~------ _ ~~ StateC " Zi °~h ~C--,~ Print(~lame~~~~~J'-~'r'Z~~~~~~a~~~~-Cify t7J~C.?~~r--l~~ ----_ ~ p---- Date `~-~~' -~~~~~---~ Address G} ~ ~~~~' ~r"~:37 .___~~-- Signature ~ Cit OV 1 t ~~ StateC~.-Zip_ ~~~~?~~ Print Na e ~~ i/S Ohl l' a ~ b c~ >~ _ y.~.~r ()ate `~ 07_---. ,--...--~ ~ _---- _ ~~~~"~~ Signature. Print Name, St Print Na e Date ~ Signature, ~{~- /!~ _~ " Address .~s.~" -----~~~~w.~_.._-~..__s_- City_ _~_.__-Stated Zip ~~ c-~ city ~/~~.~_Stat~~zip--~ G~~?.S- Address. ~ t__~~ _~._ -______ . -----.---_.-- A, . _ a Print Name ~-~~.:~-~; ~.. ~' ;~-~~iE% ~~ ~`''t ~ ; ~'~'` City ,~ f t ~_ ~~~ "-~~'~. ~~' .~`>-~v' ',` i I E'"~~_ ~ta$e L f~ Zip_ f -'~ Date f~ r e 1 ~> t - ~~~ _~`J~~-G~-c~-~ 9 r tJ I ~ - ~ a r~,~ Address-/ Signature ~~~~" ~"i--t,t.~ " ~ e" ~-F~~~~ <l'_ _--_~ _--__ _~..~-~. _ ~ ~.~~~.~.~ State~~i~- Zip~~c~~ Print Name ~ ~ ~-i'~~ ~~ city Date~t~'~ , ~ C~ ~~~~ ~ Address ~~~-~ ~~~ //1 ~S ~ _ - Signature / ~ ~' _ Print Name 'Cc./1 ~ G t ~ Jl ____City __ Date ~' - nature ~~~' Sig ~` ~`~ - - ' -~ ~ State Zip ~.~ ~~'~~ Print Name ~ ~ ~ ~ ~~~,~1~ ~ ~------City ~ f _ Date Sign Print Date ress~~~ ~ ~' ~~ `-~- ~, e` State- Zi~-&~ .,--- ~____° ~~` _--- ~-- Address, Sic~nature~=----- -- 1 L-~-~~ - E-~-_, G- ~~ State---- ~Ep-`~ _ `~°-~_ Comcast Cable ~t_~ 421 Faton Rd. (~. ~ ,~~~~~„~~~t> Chico, CA 95973 r~ I'ebr"Vary l~, 2008 Michael G. Evans Evans Fun Works One Nice Place Oroville, CA 95966 ~ub'ect: ~.bandonrrtent of tee f®at st--ip ®f~R(~~ adjac~n6 ~°~ ~ ~uft~ ('mn~ ty, CA ~~ hcn J Street and Shasta Street (APN 031-2~4-007), C)~-o~~ , bear Mr. Evans Putsuant to a request regarding the sub)t o~ ect to the p oposed abandondme t of the subject right documentation, Comcast Cable does na ) . of way. Comcast does not require an easement at ibis location. If~ additional information is needed, please e-mail me (kevin_bermingbam~cable_col~zcast.coni) or call Brandon Stokes at the Chico number listed below. Sincerely, Kevin Bermingham Td o;tli Valle}' Const~uctio~r Supervl~or 311 B Stl-eet Yuba City, Ca 95991 (530}790-3352 427 Eaton Rd. Chico, CA 95973 (530} 332-5993 cc Mike Benton Ed Bothwell ,r~. 19 J ~.~ ~CLr€r( (~J~ro~ :'; - October 18, ?_007 Mr. Michael G. I~,vans One Nice Place Oroville, CA 95966 350 Salem Street Chico, CP~ 95°2~ 5301896-4257 FAX 530/896-4154 Don Chambers [~erhr~G2~ anCl L2l]~ ~~,virc~c Chico Office ICE: Proposed ~al~~ndonmerat o~ portion of 6th Street end Shasta Avenue fronting API~I: 03l -22~-00`1, `I h~~rn~lito Dear Mr. Evans: Pacific Gas and Electric Company (PG&E) has been asked to provide comments regarding the proposed subject abandonment. A check of our maps indicates that there appears to be no pt'ir~~a~~ PG&E gas or electric facilities, within the proposed area to be abandoned. Therefore, please be advised that PG&E 17as no objection to the proposed abandonment without reservation_ however, any service piles, ~'rres ®r' 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 subj t le rhone 811 natal art 2 needs to contact the Underground Service Alert ('~1.S.A.), p working days prior to such work.. If you have any questions, please call me at 896-4257. Sincerely, onald W. Chambers Land Agent (file, Evans.doc) __.t . - ~ ._~~_ .fir ~ -__ ~ ;, = ; t S ~~~~~ ~~~~~T~ ~~R~~T A Public Agency 41 0 Grand Avenue ~roville, California 95965 (530) 533-0740 FAX (530} 533-9243 DIRECTORS July 16, 2008 Butte County Department of Development Services Attention: Brett Walker, Butte County Planning Division 7 County Center Drive Oroville, CA 95965 RE: DAVID QUESADA, IZA 08-0003, APN 031-224-007 [3rad Taggart Division 1 Dear Mr. Walker: Gary Allen Division 2 h1 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 proposed abandonment. Division 4 Ernest L. Reynolds However, please be advised any water or sewer facilities Division 5 determined. to be in conflict, which maybe inside the area o abandonment, may need to be relocated to accommodate new construction improvements, including sidewalks, curbs and gutters, Gary Alt will be relocated at the developer's expense, and needs to be Manager/Secretary Jonn 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, l Jayme A. Boucher General Manager Established 1922 I 21