HomeMy WebLinkAbout033-088-003Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530)538-7601 Telephone
(530) 538-7785 Facsimile
I
APP CANT'S N E: (If plicant 's different from owner an affidavit is required.) ASSESSOR'S PAR L NUMBER:
D -003100
ADDR E S: STREET, CI , STATE, & ZIP CODE TELEPHONE:
1/2 Ora WZ,GA Gf4L��-
E-MAIL: �I � � FAX:
C / r✓ 034 )53-3- 836
OWNER'S NAME- TELEPHONE:
Neler
'ADDRESS: STREETCITY, STATE, & ZIP CODE:
e ?59�
NAME OF PROPOSED PROJECT (if any) SITE SIZE (in square feet or acres) p
L CATION OF PROJECT (major cross streets address, if any) .
ZONE" GENERAL PLAN EXISG LAN USE PROPOSED LAND USE
�. USG&w-T
EXISTING STRUCTURES (square feet) PROPOSED STRUCTURES ( square feet) UNDER WILLIAMSON ACT CONTRACT
❑ Yes ,E"o
(Check One) (Check One)
❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER
❑ PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER
U ADMINISTRATIVE PERMIT ❑ TENTATIVE SUBDIVISION MAP
❑ LEGAL LOT DETERMINATION ❑ TENTATIVE PARCEL MAP
❑ CONDITIONAL USE PERMIT ❑ WAIVER OF PARCEL MAP
❑ MINOR USE PERMIT ❑ CERTIFICATE OF CORRECTION
r ❑ COMMUNICATIONS FACILITY UP/MUP ❑ REZONE V
❑ VARIANCE ❑ GENERAL PLAN AMENDMENT
❑ MINOR VARIANCE ❑ MINING AND RECLAMATION PLAN '
❑ LOT LINE ADJUSTMENT ❑ DEVELOPMENT AGREEMENT ,
CERTIFICATE OF MERGER ❑ OTHER
b a
FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for allaand division, describe the number and size
of parcels.) O t�%Q%'�� GS :0 Q mA?li—6,d -1M e'-U—
I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY.
FURTHER,1 ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND
ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and inclu a the affidavit with this application.)
DATE: _ 2 ' 6 �a I , SIGNATURE:
Please contact Plannine Division Staff with anv auestions-
9
AGENT AUTHORIZATION
To Butte County, Department of Development Services: ,
l 1
Print Name of Agent Phone Number
Mailing Address
is hereby authorized to process this application on my/our property, identified as Butte County Assessors Parcel Number(s)
This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for
said processing, including mitigation and conditions of approval, but not including documents(s) relating to title interest.
Owner(s) of Record (sign and print name)
i�bnatd P N�2cr
P ' t Name c Print Name
Signature Signature
Print Name '
Signature
Print Name of Applicant (if other than owner)
Print Name of California Civil Engineer/Land Surveyor
Print Name
Signature
Signature of Applicant (if other than owner)
( )
Phone Number
Mailing Address Em ail Address
Please contact Planning Division Staff with
PUBLIC WORKS
September, 2015
Department of Public Works Mike Crump, Director
Land Development Division Shawn H. O'Brien, Assistant Director
7 County Center Drive T: 530.538.7266 I buttecounty.net/publicworks
Oroville, California 95965 F: 530.538.7171
VACATION (ABANDONMENT) PROCEDURE 6
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. The process Butte
County uses is pursuant to the requirements setforth in the California Streets and Highways
Code. Following is the process for requesting vacation of a public right of way:
1. Contact the Department of Public Works, 7 County Center Drive, Oroville, CA
95965, with a written request for vacation. The request must include a map or plat
clearly showing the area proposed for vacation.
2. The Department of Public Works will provide a written response to your request
indicating either support or opposition and requesting that you provide the following
information should you choose to pursue your request:
a. Letters from the utility companies (Pacific Gas and Electric, Telephone,
Water, Sewer, Cable) stating they either do not object to the vacation or they
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.
b. A legal description and plat (map) of the proposed area to be vacated, which
conforms to the map submitted to the utilities. Plats shall be drawn at a
legible scale on an 8 Y2"X1 1 "sheet, suitable for recording.
c. The attached "PETITION FOR VACATION OF PUBLIC HIGHWAY" or
"PETITION FOR VACATION OF PUBLIC UTILITY EASEMENT" with a copy
of the legal description (per item b above) placed on page 1 and original
signatures and address information of ten free holders (owners of 10 different
properties) on page 2 for vacation of a public highway or five free holders
(owners of 5 different properties) for easement vacation. Pursuant to Streets
and Highways Code §8321: in order to vacate a public highway at least two
of the required ten petitioners (free holders) shall be residents of the road
district in which some part of the street or highway proposed to be vacated is
situated and shall be taxable therein for street or highway purposes; in order
to vacate a public utility or public service easement at least one of the
4
required five petitioners (free holders) shall be a resident of the township in
which the public service easement proposed to be vacated is situated.
d. Complete the attached Department of Development Services forms DPL -01
"Project Information Form" and DPL -04 "Project Setting Description Form"
and submit with your other materials and fees.
e. Applications are processed on an hourly billing. You will need to. provide an
initial application processing deposit in the current amount. The application
processing deposit on the date of this letter is $2,960.69, $1,200 of which is
for processing by the Public Works Department and $1,760.69 is for
processing the by the Development Services Department.
3. Once all of the requested information has been received by the Department of Public
Works, we will, within 30 days, review it for completeness and confirm the signatures
on the petition are property owners within the County and the petition complies with
Streets and Highways Code §8321. Once Public Works determines that the
application is complete we will file a report with the Development Services
Department that includes recommendations to be reviewed and considered by the
Planning Commission. '
4. 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 will commence on the date established by the adopted Resolution
of Intent. At the conclusion of the hearing, if 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 the Land
Development Division of this office Monday through Friday, 8:00 a.m. to 4:30 p.m. at (530)
538-7266.
Attachment
1
7
PETITION FOR VACATION OF PUBLIC HIGHWAY
N0.20 --262- •
TO THE HONORABLE BOARD OF SUPERVISORS
COUNTY OF BUTTE DATE: , 20
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 VACATE the following -described COUNTY HIGHWAY
of the COUNTY OF BUTTE:
Insert Legal Description Here
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INCLINE (GRAY) AVE
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GRAPHIC SCALE
0 50 100
200 PARCEL MERGER
No. MER15-0005
SITUATE IN THE NORTHEAST ONE—QUARTER OF
( IN FEET)
SECTION 4, TOWNSHIP 19 NORTH, RANGE 4
1 inch = 100 Yt
EAST, M.D.M. IN THE UNINCORPORATED AREA
BUTTE COUNTY, CALIFORNIA
EXHIBIT B
S�oN
FOR
DON NEHER
BY
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D UA NE K. MILLER,
• EXP.O3/31 17--",
CIVIL ENGINEER, INC.
sr• •CIVIL. • "�'�
P 0 BOX 1307
ANDERSON, CALIFORNIA 96007
PH. 365-5610
OF CAUF�
(530)
FAX (530) 365-6551
(DECEMBER 201
Signature
Print Name
Signature
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Print Name,
Signature-VPrint Name_
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Print
PETITION FOR VACATION OF PUBLIC HIGHWAY
N0.20 --262-
b City( Me- StateM Zips Date2-IS3_ t(o
Address S" ZeZ
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Request
♦ Applicant requests an abandonment for a
portion of an unnamed alley, in order to record
Merger MER15-0005 and approve Building
Permit BP16-2210 to construct a carport
• Will remove an offer of dedication from alley
�•Is project consistent with Butte County
General Plan?
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Road Abandonment RA16-0002
for Donald Neher
Butte County
Planning Commission
December 8, 2016
/
DEVELOPMENT SERVICES
Request
♦ Applicant requests an abandonment for a
portion of an unnamed alley, in order to record
Merger MER15-0005 and approve Building
Permit BP16-2210 to construct a carport
• Will remove an offer of dedication from alley
�•Is project consistent with Butte County
General Plan?
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12/8/2016
Location . . .
- 20' wide alley between Incline Avenue and
• Reicker Avenue (undeveloped), and between
Colina Way and Arrow Way (undeveloped), in
Block 56 of the Western Addition to broville
,. The portion of the alley to be abandoned lies -
between 296 Incline Avenue and 296 Arrow -
Way
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Project Detail
• Alley is 20 feet wide by 224 feet, or about
4,480 square feet
• A public services easement will not be
reserved, as utility companies and the County
do not have or anticipate improvements within
the area to be abandoned.
• A petition for the Road Abandonment was
signed by thirteen (13) nearby
property owners
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` w - General Plan Policy--�:�-__-
Goal CIR-7 Develop a transportation system that
is consistent with and will support existing and
proposed patterns and densities of land use
' and that encourages efficient land utilization.
CIR-P7.2 Existing road capacity available within
the County road system shall be used to serve
future development, unless construction of a
road will enhance circulation opportunities.
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1
Findings
• Site is developed with single'family
development below the maximum density of
MDR zone.
' Exiting roadways serve affected properties. TT.
• Public Works: No need for the subject alley in'
the future to provide access.
• Existing residential development is not
accessed from the alley. Existing - w
- residences are most practically served -'by_
the current physical road configuration.
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Conclusion
The abandonment request is consistent with
the Butte County General Plan because it does r, ,
_ not conflict with any adopted element, goal of
, policy of the General Plan or the General Plan
designation of Medium Density Residential..
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Department of Development Services
Tim Snellings, Director
Pete Calarco, Assistant Director
7 County Center Drive I T: 530.538.7601 I buttecounty.net/dds
Oroville, California 95965 F: 530.538.7785
BUTTE -COUNTY PLANNING COMMISSION
AGENDA
December 8, 2016
TIME: 9:00 a.m.
PLACE: Board of Supervisors' Room
County Administration Center ,
25 County Center Drive .
Oroville, CA 95965
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL — Commissioners Chase, Donati, Grundmann, John and Chair Kennedy.
Ill. ACCEPTANCE OF AGENDA — Commission members and staff may request additions,
deletions or changes in the Agenda order.
IV.', BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA
(Presentations will be limited to five minutes. The Planning Commission is prohibited by
State Law from taking action on any item. presented if it is not listed on the Agenda).
V. PUBLIC HEARINGS AND OTHER MATTERS FOR DISCUSSION The Chair will call
for a presentation of the report of staff. 'The hearing will then be opened to the public for
proponents, opponents, comments, and rebuttals. The hearing will be then be closed to
the public and discussion confined to.the members of the Planning Commission and staff.
The Commission will then make a motion and vote on the item. It is requested that
individual public comments be addressed to the Chair and limited to a maximum of 5
minutes so that all interested parties will have an opportunity to address the Commission'
Following your presentation, please print your name and address on the speakers sheet
so that the record will be accurate.
A., Minor Use Permit MUP16-0013
Applicant: Peter LeDuc
Planner: Tristan Weems APN: 047-670-030
General Plan: Low Density Residential - North Chico Specific Plan
Zonings VLDR/SR-1 (Very Low Density Residential/Suburban Residential — one -
acre minimum)
Location: 4047 Spyglass Road, southwest corner of Kittyhawk Drive and
Spyglass Road, approximately 2000 feet west of Garner Lane /Spyglass Road
intersection, Chico.
■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA ■ DECEMBER 8, 2016 ■ PAGE 1 ■
Request: A request to construct a 294 square -foot solar array at a maximum
height of 14 feet on a 1.06 -acre parcel in the VLDR/SR-1 zone. The height allowed
'by right' in the zone is 8 feet. The Butte County Zoning Administrator has referred
this application to the Planning Commission.
CEQA Determination: Staff has determined the request to be categorically
exempt from environmental review under Section 15303 of the CEQA Guidelines
(Class 3 - New Construction or Conversion of Small Structures).
Staff Recommendation: Adopt the resolution finding the project is exempt from
CEQA pursuant to Section 15303 of the CEQA Guidelines and approve the Minor
Use Permit MUP16-0013 with findings and conditions.
Staff Report
B. Tentative Parcel Map TPM10-0004
Applicant: Courtney Nelson
Planner: Mark Michelena APN: 017-180-072
General Plan: Foothill Residential
Zoning: FR -5 (Foothill Recreational - 5 -acre min - at time of project
completeness)
FR -20 (Foothill Residential 20 -acre min --current)
Location: 1816 Honey Run Road, south side of Honey Run Road, approximately
1800 feet (0.34 miles) east of the intersection of Honey Run Road and Centerville
Road, east of Chico. `
Request: A request for a Tentative Parcel Map to divide a 36 -acre property into
four lots (two at 5 acres, one at 5.3 acres and one at 20.7 acres). Proposed Parcel
1 (with the existing residence and accessory buildings) will be accessed by Honey
Run Road, a publicly -maintained road. Proposed. Parcels 2 and 3 will be served
by the private cul-de-sac. The existing and future residential uses would be served
by individual septic systems and private wells. The General Plan land use
designation of the project site is FR (Foothill Residential, 1 to 40 acres). The
project site is currently zoned FR -20 (Foothill Residential - 20 -acre minimum), but
was FR -5 (Foothill Recreational - 5 -acre minimum) at the time the project was
deemed complete.
The applicant is requesting an exception (Butte County Code Section 20-4 —
Exceptions to Design Requirements) to the road standard of a 20 -foot wide for the
cul-de-sac. They are requesting 18 feet.
CEQA Determination: A draft Initial Study and Mitigated Negative Declaration
has been prepared for the project.
Staff Recommendation: Adopt the resolution adopting the Initial Study/Mitigated
Negative Declaration, denying the exception request and approving the Tentative
Parcel Map with findings and conditions.
Staff Report
■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA DECEMBER 8, 2016 ■ PAGE 2 ■
V
C.' Road Abandonment RAI 6-0002
Applicant: Donald Neher
Planner: Stacey Jolliffe APN: Adjacent to 033-088-003 thru -007
General Plan: Medium Density Residential
Zoning: MDR (Medium Density Residential —.6,000 square foot minimum)
Location: The location of ,the proposed Road Abandonment is a portion of
unnamed alley between Incline Avenue and Reicker Avenue (undeveloped), and
between Colina Way and Arrow Way (undeveloped), in Block 56 of the Western
- Addition to Oroville. The portion of the alley to be abandoned lies between 296
Incline Avenue and 296 Arrow Way in Oroville.
Request: A request to abandon a portion of an alley between Incline and Reicker
Avenues in the Western Addition area of Oroville. No roadway improvements are
located within affected rights of way and affected parcels are already served by
other roadways. The Butte County Public Works Department has determined that
there is no need for these streets in the future to provide access. No public
services easements (PSE's) will be reserved for utilities as a part of this
abandonment as there are no utilities in the right of way at this time. Affected utility
companies have indicated that PSEs are not necessary. The Planning
Commission will review the proposed abandonment and make a recommendation '
to the Board of Supervisors regarding whether the following project is consistent
with the Butte County General Plan.
CEQA Determination: Staff has determined the request to be categorically
exempt from environmental review under Section 15305 of the CEQA Guidelines
(Class 5 - Minor Alterations in Land Use Limitations).
Staff Recommendation: Adopt the resolution finding the project is exempt from
CEQA pursuant to Section 15305 of the CEQA Guidelines and finding the Road
Abandonment to be consistent with the Butte County General Plan.
Staff Report
D. Conditional Use Permit UP15-0005 and UP14-0002 — Status Report on
Compliance with Conditions of Approval.
Applicant: Old Durham Wood, Inc.
Planner: Rowland Hickel APN: 040-120-033
General Plan: Agriculture
Zoning: AG -40 (Agriculture — 40 -acre minimum parcel size)
Location: 1156 Oroville-Chico Highway, approximately five miles southeast of
Chico, westerly of Highway 99 and 1.8 miles north of the Durham-Pentz Road exit
to Highway 99. -
Request: At the February 25, 2016 meeting, the Planning Commission approved
Conditional Use Permit UP1570005 for Old Durham Wood, Inc. amending
Conditional Use Permit UP14-0002 to establish a security employee unit; permit
temporary use of a recreational vehicle during construction; construct permanent
■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA i DECEMBER 8, 2016 ■ PAGE 3 ■
sanitation facilities; and relocate the hazardous materials depot. In approving
UP15-0005, the Planning Commission reviewed the applicant's progress in
complying with conditions -of approval for Conditional Use Permit UP14-0002. On
June 30, 2016, October 27, 2016 and November 10, 2016, DDS staff reported to
the Planning Commission on the status of the applicant's progress towards
compliance with the conditions of approval.
CEQA Determination: No action is being considered by the Planning
Commission, and therefore this item is not considered a project for the purposes
of the California Environmental Quality Act, pursuant to CEQA Guidelines
§15060(c).
Staff Recommendation: Receive the report of staff on the current status of the
Old Durham Wood facility and their compliance with Conditional Use Permit UP14-
0002, and the UP15-0005 amendment, and provide direction to staff.
Staff Memorandum
VI. GENERAL BUSINESS - This section of the agenda is to be utilized by the Planning
Commission and Director of Development Services on items of interest, general
discussion, or items for which staff have been directed to do research and bring back to
the Commission. Items may not always be addressed at every hearing, but will always be
listed as part of the agenda.
A. Directors' Report
B. General Plan Follow-up and Implementation Program
C. Update on Recent Board of Supervisors' Actions
D. Legislative and Case Law Update
E. Planning Commission Concerns
VII. COMMUNICATIONS - Communications received and referred. (Copies of all
communications are available in the Planning Division Office.)
VIII. MINUTES:
• September 22, 2016
IX. ADJOURNMENT
EJ
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■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA ■ DECEMBER 8, 2016 ■ PAGE 4 a
S
A iRR\\111111
Subdivision Map Approval Criteria
1. Maps recorded prior to May 8, 189,3: The map is a descriptor only, not a creator. The lots
depicted .on it will not be accepted unless created at an appropriate time by a recorded deed.
\ Multiple 'lots or blocks conveyed in a single description on an appropriate deed will be
recognized as only one lot. The cut off dates for appropriate grant deed(s), deeds of trust and
leases to separate groups of lots into individual lots for sale, lease or finance is March 4, 1972
and for Gift Deeds is March 13, 1993. Rights'bf ways for roads may have been created even if
the map per se was not approved by the Board of Supervisors.
2. Maps recorded between May 8, 1893 and August 10,1913: If the map does not specifically
state that it was appFoved by the Board of Supervisors, it and the lots depicted on it will not be
accepted. , However, the roads may have been dedicated and accepted by the Board of ;-
Supervisors as public rights of way, without their having approved the map or without the map
having created any lots (example Western Pacific Addition 4M16).
3. Maps recorded between August 10, 1913 and July 22, 1919: The map must have been
Specifically approved by the Board of Supervisors and must either state or it must be shown that
'the lots depicted thereon have been reviewed for design and improvement before it can be
accepted. This information is normally contained in the County Surveyor/Assessor Statement.
2G 4. Maps recorded .between July 22, 1919 and August 14, 1929: The map must have been
specifically approved by the Board of Supervisors and must contain language from the County
Engineer or Surveyor stating that he has examined every lot on the map and that every lot is
suitable for "residence or commercial' purposes before it can be accepted.
5...,Maps recorded after Au2ust44, 1929; The design and improvements for the subdivision
depicted on the map must have been revieed and approved by the Board of Supervisors for the
map and the lots depicted thereon to be accepted.
+J
W:\LD Documents\Checklists\Subdivision Map Act Guidelines.doc
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April 28, 2004
• A
4
Subdivision Map Approval Criteria
1. Maps recorded prior to May 8, 189,3: The map is a descriptor only, not a creator. The lots
depicted .on it will not be accepted unless created at an appropriate time by a recorded deed.
\ Multiple 'lots or blocks conveyed in a single description on an appropriate deed will be
recognized as only one lot. The cut off dates for appropriate grant deed(s), deeds of trust and
leases to separate groups of lots into individual lots for sale, lease or finance is March 4, 1972
and for Gift Deeds is March 13, 1993. Rights'bf ways for roads may have been created even if
the map per se was not approved by the Board of Supervisors.
2. Maps recorded between May 8, 1893 and August 10,1913: If the map does not specifically
state that it was appFoved by the Board of Supervisors, it and the lots depicted on it will not be
accepted. , However, the roads may have been dedicated and accepted by the Board of ;-
Supervisors as public rights of way, without their having approved the map or without the map
having created any lots (example Western Pacific Addition 4M16).
3. Maps recorded between August 10, 1913 and July 22, 1919: The map must have been
Specifically approved by the Board of Supervisors and must either state or it must be shown that
'the lots depicted thereon have been reviewed for design and improvement before it can be
accepted. This information is normally contained in the County Surveyor/Assessor Statement.
2G 4. Maps recorded .between July 22, 1919 and August 14, 1929: The map must have been
specifically approved by the Board of Supervisors and must contain language from the County
Engineer or Surveyor stating that he has examined every lot on the map and that every lot is
suitable for "residence or commercial' purposes before it can be accepted.
5...,Maps recorded after Au2ust44, 1929; The design and improvements for the subdivision
depicted on the map must have been revieed and approved by the Board of Supervisors for the
map and the lots depicted thereon to be accepted.
+J
W:\LD Documents\Checklists\Subdivision Map Act Guidelines.doc
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April 28, 2004
ri
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Subdivision Map Approval Criteria
1. Maps recorded prior to May 8, 189,3: The map is a descriptor only, not a creator. The lots
depicted .on it will not be accepted unless created at an appropriate time by a recorded deed.
\ Multiple 'lots or blocks conveyed in a single description on an appropriate deed will be
recognized as only one lot. The cut off dates for appropriate grant deed(s), deeds of trust and
leases to separate groups of lots into individual lots for sale, lease or finance is March 4, 1972
and for Gift Deeds is March 13, 1993. Rights'bf ways for roads may have been created even if
the map per se was not approved by the Board of Supervisors.
2. Maps recorded between May 8, 1893 and August 10,1913: If the map does not specifically
state that it was appFoved by the Board of Supervisors, it and the lots depicted on it will not be
accepted. , However, the roads may have been dedicated and accepted by the Board of ;-
Supervisors as public rights of way, without their having approved the map or without the map
having created any lots (example Western Pacific Addition 4M16).
3. Maps recorded between August 10, 1913 and July 22, 1919: The map must have been
Specifically approved by the Board of Supervisors and must either state or it must be shown that
'the lots depicted thereon have been reviewed for design and improvement before it can be
accepted. This information is normally contained in the County Surveyor/Assessor Statement.
2G 4. Maps recorded .between July 22, 1919 and August 14, 1929: The map must have been
specifically approved by the Board of Supervisors and must contain language from the County
Engineer or Surveyor stating that he has examined every lot on the map and that every lot is
suitable for "residence or commercial' purposes before it can be accepted.
5...,Maps recorded after Au2ust44, 1929; The design and improvements for the subdivision
depicted on the map must have been revieed and approved by the Board of Supervisors for the
map and the lots depicted thereon to be accepted.
+J
W:\LD Documents\Checklists\Subdivision Map Act Guidelines.doc
Y
April 28, 2004
CERTIFICATE OF N,1LItGE,R
LANDS BEING. MERGED:
033-088-003, -004, -006, ('-005 & -007)
AP NUMBER(S) : �.
NUMBER OF EXISTING PARCELS: FgUr..
EXISTING PARCELS CREATED BY: (check all those that a7'y
)
PATENT GRANTDEEDEIGIFT DE DD'ARCIMANS P MA1'17'ITlF,R
RECORDING.;.DATA:
YEAR: 1969.
Book 1592 Page 661
BOOK /: PAGE OR SERIALN UMBER: ,
3fV* 1556 Page.8i1
SUBDIVISION / PARCEL,MAP: HI.00K LO'T;(,5�.. '
AS OF THE.DATE OF RECORDATION, THOSE LANDS NOTED ABOVE ARE.MERGED;TO CREATE ONE
SINGLEPARCEL OF LAND -AS DESCRIBED IN EXHIBIT A :ATTACHED HERETO:.
Cliuck'Thistlediwaite, Planning Manager Date
Oecember-7, 201:5
Neher
Parcel Merger— MER15-0005
This deed is for;tM, purpose, of adjusting property lines
only and does. not create new or additional parcels.
Y
EXHIBIT .4.
A pa.rce.l-Of'land situate in th'e Northeast:One-quarter of Section.4, Township' 19
North, ;Range 4 East; M.D.M., in the unincorporated area, :Butte County
California;, being more particularly described as .follows:
Lots 7,16,17,1$„1.9 and 20in Block 56, as shown on that certain map
entitled, ",Map of the Western Pacific Addition to'Oroville, Butte County,
California ",which map was filed, in the office of the recorder of the County of
Butte, State of`California, November 14, 190.5 in Book'4 of Maps, at Page 16.
See sketch labeled "Exhibit `B” attached hereto and herby: made a part hereof.
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,
IN FEET)
SECTION 4, TOWNSHIP 19 NORTH, RANGE 4
1 inch _ 100 4t.
EAST, M.D.M. IN THE UNINCORPORATED AREA
BUTTE COUNTY, CALIFORNIA
EXHIBIT P
Seo
FOR
`
DOR! INEHER
BY
D DANE I. MILLER,
.EXP.03/31 /17.-:
CIVIL ENGINEER, INC.
�Q
`rT9' CIVIC . • .��� .
TF,OF:C:PL�F
P.O. BOX iJ07
ANDERSON, CALIFORNIA 960070.
PFI. (530) 365-56.10
FAX (530) 365-6551
DECEMBER 2015
SHEET 1 OF 1
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SITUATE IN THE NORTHEAST ONE—QUARTER OF
I
( IN FEET)
SECTION 4, TOWNSHIP 19 NORTH, RANGE 4
1 inch = 100 ft.
EAST, M.D.M. IN THE UNINCORPORATED AREA
BUTTE COUNTY, CALIFORNIA
EXHIBIT B
t
-
SIO,v
FOR
``
M� 9�
DON NEHER
BY
D UANE K MILLER,
.AXP. 03/31 17.."
/
CIVIL ENGINEER, INC.
°
`rT9 CIVIL .•.13C��
PE
P.O. BOX 1307
ANDERSON, CALIFORNIA 96007
3
OF CALF
PH. (530) 365-5610
FAX (530) 365-6551
i
DECEMBER 2015
SHEET 1 OF 1
-
,
RECORDING REQUESTED BY
Mid Valley Title & Escrow Company
AND WHEN RECORDED MAIL TO;
Donald P. Neher
296 Incline Avenue
Oroville, CA 95966
•
IlIIIII III IIIII I IIIIIlIlIIlllllll!
21015—sQ1i�25 1 99
Recorded
Official Records
County Of
BUTTE
CANDACE J. GRUBBS
Recorder
ROSEMARY DICKSON
Assistant
09s00AM 04 -May -1005
I REC FEE 13.00
I
1
1
i
I Travis
I Page 1 of 3
Space Above This line for Recorder's Use Only
A.P.N.: 033-088-005'007 File No.: 0403-1849698 (MM)
GRANT DEED
The Undersigned Grantor(s) Declare(s): D000MENTARY TRANSFER TAX $0.00; CITY TRANSFER TAX $0.00;
SURVEY MONUMENT FEE $
computed on the owsideration or full value of property conveyed, OR
computed on the consideration or full valueless value of liens and/or encumbrances remafnfng at tlme of sale,
C X unincorporated area; [ ] City of , and
X Exempt from transfer tax; Reason: Changing manner In which title is held /Z d- T / /9
FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged,
Donald P. Neher, an unmarried man who acquired title as Donald P. Neher, as his sole and separate
property and.Don Neher, an unmarried man
hereby GRANT(s) to Donald P. Neher, an unmarried man
the following described property In the unincorporated area of , County of Butte, State of Califor Ila:
PARCEL Ir
LOTS 4, 5, 16, 17, 18,19 AND 20 OF BLOCK 56, AS SHOWN ON THAT CERTAIN MAP
ENTITLED, "MAP OF WESTERN PACIFIC ADDITION TO OROVILLE, BUTTE COUNTY,
CALIFORNIA", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE
COUNTY OF BUTTE, STATE OF CALIFORNIA, ON NOVEMBER 14, 1905, IN BOOK 4 OF MAPS,
AT PAGE(S)16.
AP&W033�.0.88-005=000 AND'033=088=007-y
PARCEL -II:
LOT 71 BLOCK 56, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF WESTERN
PACIFIC ADDITION TO OROVILLE, BUTTE CO., CAL.", WHICH MAP WAS RECORDED IN THE
OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON
NOVEMBER 14,1905, IN BOOK 4 OF MAPS, AT PAGES) 16.
ApN: D33=088003=000
[PARCEL IIIc"�
Mall Tax Statements To: SAME AS ABOVE
3
A
A.P.N.: 033-088-005 & 007
•
Grant Deed - continued File No.: 0403-
1849698 (MM)
Date: 04/28/2005
LOT 6, BLOCK 56, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF WESTERN
PACIFIC ADDITION TO OROVILLE, BUTTE CO., CAL.", WHICH MAP WAS RECORDED IN THE
OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON
NOVEMBER 14, 1905, IN BOOK 4 OF MAPS, AT PAGE(S) 16.
(033-088-004-`
;E V: Z,
LOT 1, 2 AND 3, BLOCK 56, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF
WESTERN PACIFIC ADDITION TO OROVILLE, BUTTE CO., CAL.", WHICH MAP WAS
RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF
CALIFORNIA, ON NOVEMBER 14, 1905, IN BOOK 4 OF MAPS, AT PAGE(S) 16.
r033z0881006=0�D;
Dated: 04/28/2005
Page 2 of 3
6
A.P.N.: 033-088-005 & 007 Grant Deed - continued File No.: 0403-
1849698 (MM)
Date: 04/28/2005
x ,
Donald P. Neher
STATE OF CALIFORNIA Sr
COUNTY BUTTE ) ,
€ OF
On
APRIL 28, 2005 before me, MARY A. THOKPSON, NOTARY
personally appeared DONALD P. NERER
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same
In his/her/their authorized capacity(les) and that his/her/their signature(s) on the instrument the person(s) or the
entity upon behalf of which the person(s) aged, executed die Instrument.
1MTNESS my hand and offldal seal, 7AIs a' lw for ofl9cw
notarla/seal
Signature tiff n
l
My Commission Expires:
Notary Name: Notary Phone:
Notary Registration Number: County of Principal Place of Business:
f
MARY A. THOMPSON
Commission #13514700 r
Notary Public •Califomia
U
Su
tte Countryy
My Comm. Ex . APF1.15.2006
„
I '
Page 3 of 3
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i
GQlartment of Public Works Denn•Schmidt, Director
Land Development Division Shawn H. O'Brien, Assistant Director
7 County Center DriveI T: 530.538.7266 buttecounty.net/publicworks
Oroville, California 95965 F: 530.538.7171
INTER- DEPARTMENTAL MEMORANDUM
DATE: October 13, 2016
TO: Chuck Thistlethwaite, Manager Planning Division, Department of Development
Services
FROM: Thomas A: Fossum, P.E.; Deputy Director—
RE: Proposed Abandonment of a Portion of alley between Incline Ave and Reicker Ave
in the Western Addition area of Oroville, ABN No. 262.079, APN's 033-088-003,
004,005,006& 007.
Attached for your staff's review and further action is a copy of a petition for abandonment
of portion of an alley in the Western Addition area of Oroville along with plats delineating
the subject area to be abandoned. The $1,467.00 DDS abandonment -processing fee has
been paid and transferred to DDS. Public Works had reviewed *the petition and has no
objections to the proposed abandonment. The reasoning for our decision is that there are
no actual street improvements in the shown street areas of the map and there is no- need
for these streets in the future to provide access to any existing parcels.
Please have the proposed abandonment 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 abandonment is in
conformance with the Butte County General Plan. Following Planning Commission action
Public Works will further process the abandonment with the Board of Supervisors. Note
that there will not be any public services easement reservations for utilities as a part of this
abandonment as there are none there now. Copies of the letters to and from the utilities
indicating that no PSE's are necessary included with this submission.
Please advise us to the schedule of processing by your department and provide us a copy
of the Planning Commission minutes documenting the Commission's action.
All correspondence should be addressed to Thomas A. Fossum, P.E.; Deputy Director,
Butte County Public Works, 7 County Center Drive, Oroville, CA 95965. If additional
information is required, please contact me at your convenience.
EXHIBIT "A"
LEGAL DESCRIPTION FOR
ALLEY VACATION
(Western Pacific Addition to Oroville)
All that real property situate in the County of Butte, State of California, described as follows:
A portion of the existing County right of way as shown on that map entitled, "Western
Addition to Oroville", filed for record in the office of the Butte County Recorder in Book 4 of
1 Maps at Page 16, more particularly described as follows:
All that portion of the 20 feet wide alley in Block 56 of said Western Pacific Addition to
Oroville map lying between the northerly prolongation of the westerly line of Lot 14 and the
northerly prolongation of the easterly line of Lot 20, also being the westerly line of Colina
Way (Boynton Street) as shown on said map.
William H. Bridgnell, PLS
Date:
J
APNS: 033-088-003, 004, 005, 006 & 007 [Type here]
hi
Exhibit "A"
Page 1 of l
}
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71
LEGEND
COUNTY ALLEY TO BE VACATED
PROPERTY UNE
033-088-014 APN NUMBER
14 LOT NUMBER
d�0 T F4 DRAWN BY: DC DATE: 5-2-2016 PLAT TO ACCOMPANY EXHIBIT
CHECKED BY. SCALE: 1' - 60' DESCRIPTION FOR THEID 0
VACATION OF A ALLEY B
POR. OF APN: 033-088 .
0
P • DEPUTY COUNTY SURVEYOR SHEET 1 OF 1 •
- w
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT — December 8, 2016
Applicant: Donald Neher Location: A portion of unnamed alleybetween Incline Avenue and
Reicker Avenue
i (undeveloped), and between ~ 1
Colina Way and Arrow Way i
(undeveloped), in Block 56
of the Western Addition to '
Oroville. The portion of the
alley to be abandoned lies,
between 296 Incline Avenue
and 296 Arrow Way.
File #: RA 16-0002 Project Size: Approximately 4,480 square
' feet ,
Request: Road Abandonment in Supervisor 1
Western Addition area of
OroviIIe in order to record District:
Merger MER 15-0005 and
approve BPI 6-2210
G p ' Medium Density Residential Planner: Stacey Jolliffe,
Principal Planner
Zoning: MDR Medium Density Attachments:
Residential
A: Vicinity Map and Aerial
B: Resolution
Zone Date: November, 2012 C: Interdepartmental Memo from
Tom Fossum dated October 13,
2016 requesting GP conformity'
review
APN: 033-088-003 & -0041 D: Petition for Abandon nent
EXECUTIVE SUMMARY:
The project is a Road Abandonment, aka "vacation", to remove a public'offer of dedication from
a portion of an alley in the Western Addition area of Oroville. specifically between Incline Avenue
and Reicker Avenue (undeveloped); and between Colina Way and, Arrow Way (undeveloped), in
Y Block 56 of the Western Addition to Oroville. The subject alley originated from an antiquated
map from 1905 and is not needed for public use per the Department of Public Works. -
The offer ofdedication is impeding recordation of Parcel Merger MER15-0005 which is required
. for construction of a 1;080 square foot carport, Building Permit 1316-2210, over current parcel
a BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT s ,
® December 8, 2016 o Neher RA 16-0002 o Page 1 of 8 s
lines. The Road Abandonment will enable recordation of Parcel .Merger MER15-0005 to merge
parcels 033-088-003 & -004; which will in turn allow issuance of Building Permit BP16-2210 for
the carport.
The Planning Commission is asked to review the proposed abandonment and make a
recommendation to the Board of Supervisors regarding whether the following project is consistent
with the Butte County General Plan.
Staff recommends that the Planning Commission adopt the resolution forwarding a
recornmendation to the Board of Supervisors that Road Abandonment RAI 6-0002 is consistent
with the Butte County General Plan.
BACKGROUND:
• Building permit 1316-22.10 is currently pending for a carport on the subject site. The
proposed building would span existing parcels 033-088-003 & -004. Building permits
cannot be issued crossing parcel lines.
• Parcel Merger MER15-0005 to merge parcels 033-088-003 & -004 has been reviewed and
would be approved administratively after abandonment of the offer of dedication for the
subject alley has been granted.
• Road Abandonment RAI 6-0002 would enable recordation of MER 15-0005 and approval of
B16-2210, for merging parcels and constructing a carport, respectively.
• Section 65402 of the California Government Code requires the planning agency to make a
finding of General Plan conformance whenever a governmental entity proposes to acquire or
dispose of property.
SETTING:
• The project site and surrounding properties are zoned and designated for MDR Medium
Density Residential use.
• The Map of the Western Pacific Addition to Oroville was recorded on November 14, 1905
at Book 4 Maps Page 16 of official county records.. Although the roads and alleys were
accepted by the Board of Supervisors as public rights of way by the map, the Western Pacific
Addition is not a legal creator of parcels; it is an antiquated map.
• The offer of dedication for the subject alley originates with the antiquated map.
• The portion of the alley to be abandoned lies between Incline Avenue and Reicker Avenue
(undeveloped), and between Colina Way and Arrow Way (undeveloped), in Block 56 of the
Western Addition to Oroville. This areas corresponds to the portion of the alley between
296 Incline Avenue and 296 Arrow Way. Specifically, the portion of the alley to be
abandoned lies between lots I — 7 and lots 14 —.20 of Block 56 of the Western Addition (see
attached plat).
• Road improvements have not been constructed in the alley to be abandoned.
• An existing, approximately 80 square foot storage building encroaches into the portion of
the alley proposed for abandonment.
• No public services easements (.PSE's) are located within the alley.
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■
■December 8, 2016 s Neher RAI 6-0002 ® Page 2 of 8 ■
2
• Affected residential parcels are served by an alternative roadway configuration.
PROJECT DESCRIPTION:
• The project would vacate, a portion of the right of way for an alley between Incline Avenue
and Reicker Avenue (undeveloped), and between Colina Way and Arrow Way
(undeveloped), in Block 56 of the Western Addition to Oroville. The portion of the alley to
be abandoned lies between lots 1 — 7 and lots 14 — 20 of Block 56 of the Western Addition.
• The alley is approximately 20 feet wide by 224 feet, or about 4,480 square feet.
• Approval of the proposed Road Abandonment would allow the applicant to merge parcels
033-088-003 & -004, in turn allowing construction of 1,080 square foot carport, and resolve
the issue of an existing storage building encroaching into the portion of the alley to. be
abandoned.
• A public services easement will not be reserved through the area to be abandoned, as utility
companies and the County do not have or anticipate improvements within the area to be
abandoned.
• A petition for the Road Abandonment was signed by thirteen (13) nearby property owners
and submitted with the subject application (see attached).
ANALYSIS:
Land Use Desianation
The MDR land use designation allows detached and attached single-family dwellings at densities of
Lip to 6 dwelling units per acre. The project is developed with single family development below the
maximum density allowed in the designation.
General Plan Goal and Policy Conformance
According to California Government Code Section 65402, the abandonment of property must be in
conformance with the General Plan. The abandonment request is consistent with the Butte County
General Plan because it does not conflict with any adopted element;, goal of policy of the General
Plan or the General Plan designation of Medium Density Residential.
Goal LU -2 Provide for orderly, well-planned, and balanced growth that maintains private property
rights.
LU -P2.2 Economic use and value of private property shall be maintained.
Exiling roadways adequately serve affected properties. The Butte County Public Works
Department has determined that there is no need, for the subject alley in the future to provide
access. Existing residential development is not accessed from the subject alley. Existing
residences are most practically served by the current physical road configurblion.
Goal CIR-6 Support a balanced and integrated road and highway network that maximizes the
mobility of people and goods in a safe, efficient manner.
o BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT e
oDecember 8, 2016 ■ Neher RA 16-0002 ■ Page 3 of 8
3
The current physical roadway configuration, which will be maintained with approval of
RA16-0002,provides access and mobility in a safe and efficient manner. No need has been
identified for the alley, nor has any deficiency been identified with the existing physical
roadway pattern. The abandonment will not have an impact because no existing or planned
improvements are located within the subject alley.
Goal CIR-7 Develop a transportation system that is consistent with and will support existing and
proposed patterns and densities of land use and that encourages efficient land utilization.
CIR-P7.2 Existing road capacity available within the County road system shall be used to serve
future development, unless construction of a new road will enhance circulation opportunities.
RA 15-0005 supports the existing residential land use pattern by vacating and abandoning an
alley that is not consistent with existing development and use patterns. The subject alley is
not identified in the Circulation Element of the Butte County General Plan.
ENVIRONMENTAL REVIEW:
This project has been determined to be categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) under Section 15305 (Minor Alterations in Land
Use Limitations) of the CEQA Guidelines. This exemption consists of minor alterations in land
use limitations in areas with an average slope of less than 20%, which do not result in any changes
in land use or density. The proposed change in land use limitations will have no physical effect
on the environment.
® BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT
®December 8, 2016 ■ Neher RA 16-0002 ® PaLye 4 of 8
a
c
r ,
Plat to Accompany RAI 6-0002
! ' ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT s +'
■December 8, 2016 ■ Neher RAI 6-0002 ■ Page 5 of 8 ■ ,
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Plat to Accompany RAI 6-0002
! ' ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT s +'
■December 8, 2016 ■ Neher RAI 6-0002 ■ Page 5 of 8 ■ ,
� �' � v �,r �� �r � �!
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RESOLUTION PC16 -
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
FOR ROAD ABANDONMENT RA16-0002 (NEHER).
WHEREAS, the Planing Commission has considered Road Abandonment RA16-0002 for
Donald Neher, in accordance with the Butte County General Plan and California Government Code
section 65402, adjacent to Assessor's Parcel Numbers 033-088-003, -004, -005 -006, &-007 and
between lots l — 7 and lots 14 — 20 of of Block 56 of the Western Addition to Oroville recorded at
Book 4 Maps Page 16 of official county records; and
WHEREAS, said abandonment of the subject alley was referred to various affected public and
private agencies, County departments, and referral agencies for review and comments; and
WHEREAS, a public hearing was held on December 8, 2016; and.
WHEREAS, the Planning Commission has considered a memorandum from the Department
of Public Works and a report from the Department of Development Services, Planning Division.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission:
I. Finds this project is categorically exempt from the California Environmental Quality
Act (CEQA) provisions under Section 15305 of the CEQA Guidelines. The proposed
road abandonment consists of minor alterations in land use limitations in areas with an
average slope of less than twenty percent.
A. Because the project is exempt from the provisions of CEQA, the payment of
fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not
required.
B. The custodian of the record is the Department of Development Services. The
location of the record is 7 County Center Drive, Oroville CA 95965.
11. Reports to the Board that vacation of an offer of dedication for a portion of an alley
(approximately 20 feet wide by 224 feet, or 4,480 square feet) located between Incline
Avenue and Reicker Avenue (undeveloped), and between Colina Way and Arrow Way
(undeveloped), in Block 56 of the Western Addition to Oroville is in conformity with
the Butte County General Plan.
A. The abandonment request is consistent with the Butte County General -Plan
because it does not conflict with any adopted element, goal of policy of the
General Plan or the General Plan designation of Medium Density
Residential.
B. Exiling roochi,ays adequately serve affected properties. The Butte Cvz+nty
Public Works Department has determined that there is no need. for the subject
alley in the firlure to provide access. Existing residential development is not
e BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT e
eDecember 8, 2016 e Neher RA 16-0002 e Page 7 of 8 e
7
accessed from the subject alley. Existing residences are most practically
served by the current physical road configuration.
C. The current physical roadway configuration, which will be maintained with
approval of RAI 6-0002, provides access and mobility in a safe and efficient
manner. No need has been identified for the alley, nor has any deficiency
been identified with the existing physical roadway pattern. The abandonment
will not have an impact because no existing or planned improvements are
located within the subject alley.
D. 8415-0005 supports the existing residential land use pattern by vacating and
abandoning an alley that is not consistent with existing development and use
patterns. The subject alley is not identified in the Circulation Element of the
Butte County General Plan.
DULY PASSED AND ADOPTED this 8`" day of December, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mary Kennedy, Chair
Planning Commission
County of Butte, State of California
ATTEST:
KIM MCMILLAN, Secretary
Planning Commission
County of Butte, State of California
® BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT
■December 8, 2016 ® Neher RAI 6-0002 ■ Page 8 of 8 ■
i,
Department of Public Works Dennis Schmidt,'Director ry
z R�'j Land, Development Division Shawn:H. O'Brien, Assistant Director "r
a -y` 7 County`CenteFDrive I T: 530.538.7266 I buttecounty*net/publ cworks
® x ®
broiyilht California 9S965 F: 530.538:7171
' tPUBUC WORBS' '
INTER -DEPARTMENTAL. MEMORANDUM
DATE:' October'll ,,2016
TO: Ghuck'Thisilethwaite`, Manager'Planning Division,.Deparfinent'of Development I
:Services
FROM" Thomas A. Fost&k R.E.; Deputy Director
RE` Proposed Abandonment 6f _6 Portion of alley between Incline Ave and Reicker Ave
'in ,the Western -Addition `area of'Oroville, ABN. No. 262.079,,.AP.N's 033; 088-003
004;; 005; .006'&°007: '
Attached foryour, staff's review. and further'action is a copy of:a;petition'for abandonment
_ _.
of`porticn of..an.alley in the Western Addition area ofgbroville.along4'ith plats delineatinga
Rthe.subiect area to;,be abandoned: The*$1';467'00,DDS,aba6d6nment-processing fee has
been paid 'and transferred: to DDS: Public. Works, had reviewed',the petition ;and has;.no;
oojections,to-the,proposed abandonment: The reasoning for' our`decision, is thatthe- wre,
ho actual str,e6t`iinprovemenisJri the"shown'"street areas of the map 'andah`ere is no need „r
°for these streets in=the future:to provide; access to any existing parcels,
Please have the {proposed abandonment ubmitted to 'the Planning Commission:+at-*the,
earliest-. opportunity, to be, considered in regard to the ,findings Itliat the project is'
categorically exempt from environmental; review and the- proposed abandonment lis in
_.
conformance with fhe'Butte' County General Plan. Following Planning Commission -action"
Public Works will'further process the abandonment, with the Board of Supervisors. Note
that there will not be any public.services easement reservatioris for utilities as a part of,this`
abandonment. as ,there are .none there now. Copies of the letters to,and 'from the utilities
indicating -that no- PSE's are necessary included with this submission.
Please advise us to the schedule of processing by your department and provide us,a copy
of.the Planning Commission minutes documenting the Commission's action.
.
All correspondence should be'addressed`to-Thomas A. Fossum; P.E.; Deputy.Director;.
Butte County Public Works, '7 County Center Drive, Oroville, CA. 95965. If additional .
information'is required, please contact meat your convenience.
9
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a portion< of the
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reserve a Public V
'y
a pleaselet
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'YOOF prompt
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avm,any :.questions pea^'se.
contact;me at (530) 538 76,81 or
n
.1fossum-Mbuft":66
Sincerely,
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be Abandoned
Butte County Assessor's Map
Book 33, Poge 08
CREATED BY DB CREATED ON 10-21-2008
REVISED BY SL REVISED ON 10-21-2008
FILE NAME 33-08 EFFECTIVE 2009-10 ROLL
Compiled By The Butte County Assessor's Office
iA .icy, F v.. _ h
+.
partmeMpg `Public Norks i Wke :Crump; Director
Land Deve opmentSDivrson r Shawn iH OBrien, Assistant Director
_
7 nty Center Dnue T 530 538 7266
Couf '
I� buttecountynet/ ;ub.licworl, s\
Oroville California 95965' F, -5`30 5`38 7171` E
,
PQBLIC wORlt$t q ,
,A r,.ii 26s, 201'6x 4
. Comcast
� 4 4'27 Eaton RoadE r I , w ,�
Obico, CA ..9.5:973:}
A„ftn Brandon Stokes
y RE Abandonsnentxof Public Alley Right of 1Nay (IncCme /eve , Reicker Aye) lNestet'n
w' Pac'fec;,Addition, to Orodlle r .
Dear m Stakes;,:
T60 County} of Butte recently received an application to abandpni a portion of the alley
located irk =Block 56 of`the WnPidditlon
ester, acfic A.t�oill
0'roue (see+'attached co"py of AP,N c t
page with a.11e>y hig,haighted)�,.
In,accordance with the Streets a'nd H ghway Cotle�weare Ingo nng as to3whether Comcast'`
Cable has any facrhties m'saitl alley or plans to pla�ce�facilltresf in said alley If you�do haver
f,ao ties<or`are�plan;r mg on' plaemg said fa'cilifles�do you want the County�to: reserve' a Public
Utility Easement forrcyour use. if ryou ha�e:�n'o objectionto doom .'v please let us'
' know that• also: - � .. .. 4
t .
UVe look`Jonrvard 'your prompt response antl should you rh^ave =any questions please
contact. meat :(530) ,53.8 768x1 UP' tfossurnCa�bUttecounfy'net..
i. Sincerel;y; •, ,
4•
a: ..
M
,
I '
Thomas;A FO,,SSUnI;, P E,:
Deputy [)hector '. - ..+' � .. t�, • i �:, ,'` _+.
.' ►'
' Enclosures
z APN Map 33 Q$ >
Department of; .ublsc:UV,orks Mike.Crump, Direcfor'
;Land Development Divsio.ri` ShawnH O'Brien,,.Assistan`t..Qi.recto`r
T County "C,t.I T 5+30 538 7266 butfecounty net/pubiicworks;
Oroville, California 95965, { .F 530 538 7171; ... -
_, ._..........,...._... _ .... ..........
Pacific Gas and Eiectnc Cornpany ' ,
I AnManagement Di��s�on Y
3'.50 Salem Sfreef
;Chrco;
Ak Laird fR O.eltichs, Lamtl Agent
ARE ioibandonrnent of P.ublec Alley Right: f UVay {Inline eve Ave;)1w,
Paci>1`oc'A�d�4ion. to�Orouille.-
Dear IVIr> Oelrchs„
The County of Butte recen#ly r..eceivetl an application to abandon; a portion of the alley
w _L
located. In xB^I`,ock 56 ;of. th,e,'"Western PacificrAddit o:n to Orourlle {see aftai dh copy of APN
pe with alley
aghigllightedj.
in-accordaNO e wi#h xhe Streets and H ghway Ood'e we are inquiring as t whether PG&E
P
;h'as any facilities inrsaid'alley.,or pl`ans.to pl, 8 ipcil tyou do havefacrlittes:
ar are pianni;ng on >placmg'said>facilities do you wantti%eyCounty to reserve a {ub`lic Utthty
Easement for syour wse.. ;If yo;u ,hare no objection; to =the aban'dortment please let us.: know
.. `
,
IVforward to your prompt response and shoultl you :have any questions pliE µ
u,
cpntaC#.rne_at (530)'S38 7681. or, tfossum buttecount x:'net:
Y
Thornes A 'Possum; PsE;,
Deputy Director;
APN Map 33-.08' -
PETITION FOR VACATION OF PUBLIC HIGHWAY
N0.20 --262-
TO THE HONORABLE BOARD OF SUPERVISORS
COUNTY OF BUTTE DATE: , 20
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 VACATE the following -described COUNTY HIGHWAY
of the COUNTY OF BUTTE:
Insert Legal Description Here
15
30'
REICKER AVE
Lod
I k80'O700'E 284XF t
1 r 1 1 1 1
2 7 6 5 4 3 2; 1 r'
X00
a0� I 1 I I 1 1 0
N9D'00'00'E 224.00 t
t! by
9 1N80�D0b0'E t80.Q0' 'g 12
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50'
e: otr o
N80' 00' 00'E
INCLINE (GRAY) AVE w
40'
GRAPHIC SCALE PARCEL MERGER
Ino 0 50 100 zoo
No. M ER15---0005
SITUATE IN THE NORTHEAST ONE --QUARTER OF i
( IN I<"kIET) SECTION 4, TOWNSHIP 19 NORM, RANGE 4
I inch = 100 M EAST, M_D,M. IN THE UNINCORPORATED AREA _
BUTTE COUNTY, CALIFORNIA
EXHIBIT B
Seo FOR
DON NEHER
BY
lZ D UA NE K.
r XP,03/31 /17\ CrVIL ENGINEER, INC.
PO, 5OX f J07
s� " .CIVIL. • "tea ANDERSON, CALIFORNIA 96007
OF CAUF� PH_ (530) 365--5610
FAX (530) 365-6551
DECEMBER 2015 SHEET 1 OF 1
15
PETITION FOR VACATION OF PUBLIC HIGHWAY
N0,20
--262-
Signature
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16
C
PUBLIC HEARING NOTICE
BUTTE COUNTY PLANNING COMMISSION
ROAD ABANDONMENT RA16-0002
•CAIIf ORNIA _
NOTICE IS HEREBY GIVEN that the Butte County Planning Commission will hold a public hearing to consider an application for
Road Abandonment RA16-0002 (Neher) on Thursday, December 8, 2016, at 9:00 a.m., or shortly thereafter, in the Butte
County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California as follows:
Proiect Information:
Project: Road Abandonment RA16-0002 (Neher) APN: Adjacent to 033-088-003 thru -007
Location: The location of the proposed Road Abandonment is a portion of unnamed alley between Incline Avenue and Reicker
Avenue (undeveloped), and between Colina Way and Arrow Way (undeveloped), in Block 56 of the Western Addition to
Oroville. The portion of the alley to be abandoned lies between 296 Incline Avenue and 296 Arrow Way in Oroville.
Proposal: RA16-0002 would abandon a portion of an alley between Incline and Reicker Avenues in the Western Addition
area of Oroville. No roadway improvements are located within affected rights of way and affected parcels are already served
by other roadways. Butte County Public Works Department has determined that there is no need for these streets in the
future to provide access. No public services easements (PSE's) will be reserved for utilities as a part of this abandonment as
there are no utilities in the right of way at this time. Affected utility companies have indicated that PSEs are not necessary.
The Planning Commission will review the proposed abandonment and make a recommendation to the Board of Supervisors
regarding whether the following project is consistent with the Butte County General Plan.
A Categorical Exemption will be prepared for this project consistent with California Environmental Quality Act (CECIA)
Guidelines section 15305 Minor Alterations in Land Use Limitations.
Copies of all items referenced in this notice are on file and available for public viewing at the Butte County Development
Services Department, 7 County Center Drive, Oroville, California, Monday through Friday, 8:00 a.m. to 4:00 p.m. or by special
arrangement. Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above,
or as may be continued to a later date.
For information, call or send an email to Stacey Jolliffe, Principal Planner, Butte County Department of Development Services
at (530) 538-6573 or siolliffe@buttecounty.net.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the hearing, please
contact us at (530) 538-6571. Notification at least 72 hours prior to the hearing will enable staff to make reasonable
arrangements.
BUTTE COUNTY PLANNING COMMISSION
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES