BUTTE COUNTY PLANNING COMMISSION COUNTY PLANNING COMMISSION AGENDA REPORT ... recommends that the...

■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■

■ January 28, 2016 ■ McClung RA15-0005 ■ of 5 ■

BUTTE COUNTY PLANNING COMMISSION

AGENDA REPORT – January 28, 2016

Applicant: Robert Lance McClung Location: Portion of Folsom Street,

Sacramento Street, and

Washington Street, west of

Market Street, in the Town of

Nord

File #: RA15-0005 Project Size: 32,200 square feet

Request: Abandonment of a portion of

Folsom Street, Sacramento

Street, and Washington Street

in Nord

Supervisor

District:

2

G.P.:

Agriculture Planner:

Stacey Jolliffe,

Principal Planner

Zoning:

AG-80

(Agriculture, 80-acre minimum) Attachments:

A: Resolution with Exhibit A

B: Interdepartmental Memo from

Tom Fossum dated November

24, 2015 requesting GP

conformity review

Zone Date: November, 2012 C: Vicinity Map and General

Plan/Zoning Map

APN: 047-170-017, -033, &-034 D: Letter from Robert McClung re:

Reasons for the proposed

abandonment

E: Resolution of Past

Abandonments

F: Record Map for the Town of

Nord

EXECUTIVE SUMMARY:

The project would allow the abandonment of a 40 foot wide strip of unconstructed right-of-way

(approximately 32,200 square feet), in the Town of Nord. The project would vacate, a portion of

the right of way for Folsom Street, Sacramento Street, and Washington Street. The right of way

is an implied dedication based upon the Map of the Town of Nord (1M8). State Government

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■January 28, 2016 ■ McClung RA15-0005 ■ of 5 ■

Code requires that the Planning Commission make a determination of consistency with the

County’s General Plan prior to Board action on the abandonment. A public services easement

will not be reserved through the area to be abandoned. Adjacent parcels are currently

undeveloped and served by Market Street. Staff has analyzed this abandonment request and

recommends that the Planning Commission forward a recommendation to the Board of

Supervisors that the abandonment is not inconsistent with the Butte County General Plan.

PROJECT DESCRIPTION:

The project would vacate, a portion of the right of way for Folsom Street, Sacramento

Street, and Washington Street, which are minor, unconstructed roadways.

The right of way is an implied dedication based upon the Map of the Town of Nord (1M8)

from circa 1896. The town’s planned roadways were laid out around a central train depot,

a shown on the record map for the town of Nord. See Attachment E.

The County abandoned several rights-of-way within the boundaries of the Town of Nelson

in 1971, as shown on the attached Resolution Number 71-177 and Exhibit A below.

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.

ANALYSIS:

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 of the General Plan or the General Plan designation

of Agriculture.

The following utilities and businesses were notified of the proposed abandonment: Pacific

Gas and Electric, AT&T, and Comcast Cable. No objections to the abandonment were

received.

Upon future development, utilities could be provided to adjacent properties through Market

Street and other roadways.

Applicant Robert McClung has submitted a letter describing reasons for the abandonment,

attached. He sees the abandonment as consistent with limited development permitted in the

AG-80 zone, and he notes the rights of way to be abandoned are not needed because

existing parcels are served by Market Street. He also argues that setbacks are infringing on

his ability to utilize his property.

Setbacks in the AG-80 zone are as noted in BCC Table 24-14-2 Setback and Height

Standards for Agriculture zones and are as follows:

2



TABLE 24-14-2 SETBACK AND HEIGHT STANDARDS FOR AGRICULTURE ZONES

Standard by Zone

AG AS Applicable Standards

Primary Structure

Setbacks (min)

Article 17 (Agricultural Buffer)

Article 16 (Riparian Areas)

Article 12 (Setback Requirements and

Exceptions) Front (1) 20 ft.

Interior Side 25 ft. or 5 percent of the lot

width, whichever is less but

not less than 5 ft.

Street Side 20 ft.

Rear 25 ft.

Accessory Structures

Setback (min.)

See section 24-156

Separation between

Structures (min)

As required by California

Building Code

Primary Structure

Height (max.)

See Subsection D. below Article 11 (Height Measurement and

Exceptions)

Accessory Structure

Height (max.)

See Section 24-156

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.

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RESOLUTION PC16 - ___

A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION

FINDING THAT ROAD ABANDONMENT RA15-0005 (ROBERT LANCE MCCLUNG)

IS IN CONFORMITY WITH THE BUTTE COUNTY GENERAL PLAN

WHEREAS, the Planning Commission has considered RA15-0005 for Robert Lance

McClung, in accordance with the Butte County General Plan and California Government Code

section 65402, on Assessor’s Parcel Numbers 047-170-017, -033, &-034; and

WHEREAS, the Planning Commission has determined an abandonment to be categorically

exempt in accordance with Section 15305 of the California Environmental Quality Act; and

WHEREAS, said abandonment 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 January 28, 2016; and

WHEREAS, the Planning Commission has considered a report from the Planning Division.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission:

I. Finds this project is categorically exempt from the California Environmental Quality

Act (CEQA) provisions under Section 15305 of the CEQA Guidelines. The project

parcels comply with 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.

II. Reports to the Board that vacation of a 40 foot wide strip of unconstructed right-of-

way in the town of Nord (approximately 32,200 square feet) is in conformity with the

Butte County General Plan.

A. The proposed abandonment does not conflict with any goal or policy of the

Butte County General Plan.

B. The abandonment of the right-of-way will not have an impact because no

existing or planned improvements are located within the area to be

abandoned; a public services easement is not required and will not be reserved

for public utilities.

4



DULY PASSED AND ADOPTED this 28th day of January, 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

5

6

Department of Public Works Land Development Division

Mike Crump, Director Shawn H. O'Brien, Assistant Director

7 County Center Drive Oroville, California 95965 I T: 530.538.7266 I b I bl' k uttecounty.net pu 1cwor s

F: 530.538.7171

INTER-DEPARTMENTAL MEMORANDUM DATE: November 24, 2015

TO: Chuck Thistlethwaite, Manager Planning Division, Department of Development Services

FROM: Thomas A Fossum, P.E.; Deputy Directorq,aP.'

RE: Proposed Abandonment of Portions of Folsom Street, Sacramento Street and Washington Street in Nord, ABN No. 262.078, APN's 047-170-017, 033 & 034.

Public Works previously (10/2/2015) forwarded to you a petition to abandon portions of the above reference streets in the community of Nord. Public Works had reviewed the petition prior to sending you the petition and have 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 County Counsel and 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 from the utilities indicating that no PSE's are necessary were also attached to our previous 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.

7

EXHIBIT "A"

LEGAL DESCRIPTION FOR

STREET VACATION (TOWN OF NORD)

All that real property situate in the County of Butte, State of California, described as follows:

Portions of existing County road rights of way as shown on that map entitled "Town of Nord" filed for record in the office of the Butte County Recorder in Book 1 of Maps at Page 8, more particularly described as follows:

Parcel 1 That portion of Folsom Street, being 40 feet wide, lying southwesterly of the northwesterly prolongation of the southwesterly line of Market Street as shown on said map.

Parcel 2 That portion of Sacramento Street, being 40 feet wide, lying northwesterly of the centerline of Washington Street as shown on said map,

Parcel 3 The northwesterly one-half of Washington Street, said one-half being 40 feet wide, lying southwesterly of the southeasterly prolongation of the southwesterly line of Market Street as shown on said map.

~~ NorthStar Engineering

APNS: 047-170-017, 033 and 034 EXHIBIT "A" Page 1 of 1

8

LEGEND

111111111111

North Star ENGINEERING

11 I Ml$s!on Ranch BLVD. STE !00 Chlco, Co~lomla 95926

Phone: (S30J 893-1600 Fox: (530) 893-2113 www .nOftlu!oreng.com

AREA OF VACATED STREETS 32,200± SQ. FT. PROPERTY LINE OLD LOT LINE CENTERLINE

EXHIBIT B

PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR

PUBLIC STREET VACATION

TOWN OF NORD. BUTTE COUNTY. CALIFORNIA

/ /

/ (5'> /

<S' /

/

/

SHEET NO.:

l OF l SCAtE: I"= 100' JOB NO.: 15-089 DATE: 5-1-2015 DRAWN BY: MM CHECKED BY: MH

9

~ ~at&t

May 21, 2015

Cort Schreiber' Manager Right of Way

County of Bulle C/0 Lance McCJung 7 County Center Drive Oroville, CA. 95965

AT&T California s 18 w. 4ih Street Room 302 Chico, CA 95928

Offlce: 530.891.2392 Cell: 530.519.0710 [email protected]

Re: Abandonment of Public Roadways (Folsom, Sacramento & Washington Streets) -Town of Nord

Dear Mr. McCJung:

AT&T California has no objection to abandoning the portions of the public roadway on Folsom, Sacramento and Washington Streets in the Town of Nord as shown on the

........ Att~9.J!"'SLf\§~\:_~liRr:~J\'.l,1p .. I[.yo1.t.o.rthe_County.9fl31-1tre.hasAn1;.qu.esti9ns;···Pleasefeel·,free · · in giving me a call on 530.89 l.2392.

Sincerely,

;;; ~ ,;>t/1·:fl J -;i) f /(:76

Cort e'. Schreiber Right of Way Manager AT&T California 518 W. 4'11 Street, Room 302 Chico, Ca. 95928 (530) 891-2392

I I I

I

10

Pacific Gas and Electric Company"

May 19, 2015

Mr. Robert L. McClung 5576 Market Street Chico, CA 95973

RE: TOWN OF NORD, CA - ROAD ABANDONMENT REQUEST (Portions of Folsom Street, Sacramento Street & Washington Street).

Dear Mr. McClung:

PG&E has no objection to your requested road abandonment referenced above, and shown highlighted on Assessor's Map 47-17, attached.

···tJpo1rapJ)1·ova1·oftlre·vaelifioftby··r1reCity'C6ffilcillBoai'<l .. of·s1ij)er1;isciiCs;·jilerise··se1ida· copy of the Resolution of Vacation to:

Pacific Gas and Electric Company Attn: Laird R. Oelrichs Land Management 350 Salem Street Chico, CA 95928

If you have any questions, please contact me at (530) 896-4258. Thank you for yom cooperation.

;;z-x1 {2,,Lz Laird R. Oelrichs Land Agent

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@:omcast

April 30, 2015

Lance McClung Alternative Energy Systems 5576 Market St Chico, CA

CaUfomta Reg!on 427 Eaton Rd Chico, CA 95973

Subject: Abandonment of Public Roadway [on the "Town of Nord", Assessor's Map BK. 47, Pg. 17 County of Butte, California] on Sacramento ST between Washington ST and Folsom ST, Washington ST Between Market ST and Sacramento ST, and Folsom ST Between Market ST and Sacramento ST, Butte C,ounty, Nord, CA

Dear ML McClung,

Pursuant to a request regarding the subject easements and based on provided support documentation, Comcast Cable does not object to the proposed abandonment of the easements and quitclaim of the PUE to the property owneL Further, Comcast does not require an easement through said properties and has no facilities in said easement

If additional information is needed, please e-mail me (brandon_stokes@cable,comcastcom), or , call me at the phone number l isled below,

Sincerely,

Brandon Stokes Comcast Cable 427Eaton Rd Chico, CA 95973 (530) 332-5993 Brandon_stokes@cabkcomcastcom

General Plan / Zoning

AG-80AS

C-C

AG

AS

Victor

Dr

Sacramento St

Eggleston Ln

Folsom St

Jackson St

Nord Hwy

Market St

California St

Folsom St

Nord Gianella Rd

East Commercial St Taylor St

Jackson St

Hami

lton-N

ord-C

ana H

wy

Washington St Jackson St

Washington St

Map created by:Butte County

Development Services Department7 County Center Drive, Oroville, Ca. 95965

RA15-0005 / McClung ·500 0 500250 Feet

12

Robert L. McClung and others 5597 Market Street

Nord, CA 95973

November 3, 2015

Subject: Reasoning being Road abandonment in the Town of Nord, portions of Folsom, Sacramento, and Washington streets.

To whom it concerns:

This letter is in response to a request from Planning that we describe why we believe the County should abandon the roadway mentioned above in the subject.

They are as follows:

1. We believe abandoning this road is aligned with the general plan to restrict development in the AG areas of Butte County, Preserving agriculture. October 11, 2013 the entire developed area of Nord was converted from residential to AG-80. A signal that there is no intention of further developing the infrastructure in the town of Nord.

2. Redundant Roadway. For obvious reasons the county never developed the roads in question. The fact that all properties are accessible via Market Street and the fact that the ag land opposite has miles of access points there is no need for a county road in these locations.

3. Limited use of land. Although the zoning has changed to AG-80 in the town of Nord there are provisions for making structural additions. However they are limited to the setbacks of an 80 acre parcel. The lots effected by this request are only 200 feet in depth with a 65’ setback from any roadway this severally limits the improvement of these properties to a very limited amount of space making it impractical to build a shop or add-on to an existing residence. I have provided an example of how this is an issue in attachment A of this comment letter.

4. Lack of use. The county simply isn’t using this land and never has for reason we believe as mentioned above.

5. Useful land. This is useful land. I this road was no longer it would create the possibility of improvements to the land that could add value to the community and the residence.

6. Quality of life. If this roadway were returned to the land owners they can make use of it. As anyone knows a little more space always provides for a better quality of life. Room for a garden or storage shed of dog pen.

7. Consistent with other road abandonments in the Nord sector. See attached images of county records showing similar request been granted. Almost the entire Town of Nord with redundant roads and alleys.

8. Expands on the tax role. By granting this request this land will now be subject to property tax where it currently isn’t and possible improvements.

We are hopeful that this is acceptable reasoning. Thank you for your time and the consideration.

Sincerely,

Robert L McClung

1

13

Folsom

Washington

Sac

ram

ento

65' s

etba

ck

65' setback 65' setback

1/16

"65

' set

back

65' setback25' Setback

Example of usable space with current AG-80 Setbacks before road abandoned

Example of usable space with current AG-80 Setbacks after road abandoned

70'

42'

40'

92.5

'

150'

142"

40'

192.

5'

21300 sqft

6000 sqft

28875 sqft

2940 sqft

2800 sqft

6475 sqft

Attachment A in reference to item 3

2

14

17

Resolution No. 71. 177

RESOLUTION OF ABANDONMENT OF A PORTION OF A PUBLIC HIGHWAY

WHEREAS, this Board has received a request from Bruce

Smith to allow the abandorunent of a portion of a public highway as

described below,

WHEREAS, pursuant to the authority vested in this Board

under Government Code §50430 et seq, this Board wishes to abandon

a portion of said public highway as described below.

NOW, THEREFORE, BE IT RESOLVED by this Board:

1. That this Board finds that said portion of said

public highway is unnecessary for present or prospective public use,

2. That said public highway as hereinafter described

is hereinafter abandoned and vacated,

3. ·.· That said public highway is situated in the County

of Butte, State of California, and described as follows: to wit:

A portion of Sacramento Street and also a portion of Taylor Street lying in the Town of Nord, as shown on the map entitled "Town of Nord"' recorded in Book 1 at Page 8 in Maps of Records in the office of the Recorder, County of Butte, State of California, Being more particularly described as follows, to wit:

That portion of Sacramento Street lying south of Jackson Street being west of and parallel with the west line of Block J, Town of Nord, also that portion of Taylor Street lying west of Market Street, being south of and parallel with the south line of Block J, Town of Nord,

PASSED AND ADOPTED by the Butte County Board of Super-

visors this 10th day of August, 1971, by the following vote:

AYES: Supervisors Gilman, Madigan, Maxon, McKillop, and Chairman Reynolds NOES: None ABSENT: None NOT VOTING: None

ATTEST: CLARK A. NELSON, County Clerk and ex-officio Clerk of the Board

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