HomeMy WebLinkAbout15-040 i
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RESOLUTION NO. 15-040
A RESOLUTION OF THE BOARD OF SUPERVISORS, COUNTY OF BUTTE,STAVE OF CALIFORNIA
MAKING FINDINGS AND DENYING AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL TO RECORD A NOTICE OF
VIOLATION IISC14-0007 (LANE JUDGMENT AREA)
WHEREAS,the Board of Supervisors has considered the appeal of the Planning Commission approval of the Lane
Judgment Area Notice of Violation (MISC14-0007)for Assessor Parcel Number(AP )061-320-021,at a duly noticed public
hearing on March 24, 2015 in accordance with Section 20-172 and 20-66 of the Butte County Code; and
WHEREAS, said appeal 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 by the Planning Commission on December 11, 2014; and
WHEREAS,the Board of Supervisors has considered public comments, reports from the Planning Division, and the
appeal letter on record:
NOW,THEREFORE, BE IT RESOLVED that the Board of Supervisors:
1. Makes the following findings regarding the Mr.Arthur Gross appeal of the Lane Judgment Area Notice of Violation
MISC14-0007 for Assessor Parcel Number 061-320-021:
A. The subject parcel was illegally subdivided when the subdivider, Charles E. Lane, failed to provide a 60-foot
wide legal access easement from the subject parcel to a publicly maintained roadway, in accordance with
Butte County Ordinance 772;
B. The District Attorney for the State of California prosecuted Charles E. Lane, and Mr. Lane was ultimately found
guilty of illegally subdividing several parcels, including the parcel identified as APN: 061-320-021;
C. Mr. Lane was order by the Butte County Superior Court (Case No. 6$826 and SC69014)to obtain legal access
meeting Butte County standards, to a public thoroughfare for the lot purchasers affected by the illegal
subdivision;
D. Pursuant to Butte County Code 20-161, whenever any county department has knowledge that real property
may have been divided in violation of the provisions of the Subdivision Map Act or chapter 20 of Butte County
Code, the County shall schedule a hearing in front of the Planning Commission pursuant to section 20-161.1
where the Planning Commission shall determine whether or not the property has been properly subdivided
or resulted from a division in violation of Butte County Code or the Subdivision Map Act;
E. Based on the evidence presented before the Planning Commission in a duly noticed public hearing held on
December 11, 2014, the Planning Commission determined that the subject parcel resulted from a division in
violation of Butte County Code, and directed staff to record a Notice of Violation upon advising the property
owner of their right to appeal;
F. No evidence had been presented by Mr. Arthur Gross that demonstrates the subject parcel was created in
conformance with Butte County Code and the Subdivision Map Act, and that a Notice of Violation should not
be recorded.
U. Denies the appeal ofthe Planning Commission's approval to record a Notice of Violation for APN: 061-320-021.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 24th day of March, 2015 by the following vote:
AYES: Supervisors Connelly, Wahl, Kirk, Lambert and Chair Teeter
NOES: None
ABSEWT: None
NOT VOTING: None
Doug Teeter, Chair
Butte County Board ofSupervisors
,611
Paul Hahn, Chief Administrative Officer and
Clerk of the Board of Supervisors