BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT · PDF fileBUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ... detailing their options to correct the violation by ... Terrell L. & Irene

Butte County Department of Development Services

December 11, 2014 Lane Judgment Area Notice of Violation – MISC14-0007 Page 1 of 5

BUTTE COUNTY PLANNING COMMISSION

AGENDA REPORT – DECEMBER 11, 2014

Applicant: Butte County Location: The project area encompasses

27 parcels located along Bean

Creek Road, beginning 1,300

feet east of Bald Rock Road.

Bean Creek Road is located off

Bald Rock Road, approximately

3 miles south of Oroville-

Quincy Highway, in the

community area of Berry Creek.

File #: MISC14-0007

Request: To consider the recordation of

Notice of Violations for 27

properties, pursuant to §20-161

of the Butte County Code and

the Subdivision Map Act.

Supervisor

District:

1

G.P.

FR (Foothill Residential)

Project

Planner:

Rowland Hickel,

Senior Planner

Zoning:

FR-5 (Foothill Residential, 5

acre minimum parcel size)

Parcel Area:

Exhibits:

A:

B:

C:

D:

E:

F:

184.6 acres

Vicinity Map

Notice of Intent to Record a

Notice of Violation

Draft Notice of Violation with

Exhibits

California v. Charles E. Lane,

et al. Case No. 69014

Certified Mail Receipts

Property Owner Comments

APNs: Multiple

RECOMMENDATION

Staff recommends the Planning Commission take the following action:

Conduct the public hearing and instruct Staff to file for recordation the Notice of Violation with the

Butte County Recorder for all properties in the Lane Judgment Area, as identified in Exhibit “B”

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BACKGROUND

The affected properties were illegally created in violation of the Subdivision Map Act and Butte County

Code. Charles E. Lane, with the assistance of other individuals, illegally created the above listed properties

between 1969 and 1977. The matter was prosecuted in Butte County Superior Court in case no. 68826

and in case no. SC69014. Mr. Lane pled guilty, and his sentence required him to obtain “legal access,

meeting Butte County standards, to a public thoroughfare [sic] for the lot purchasers affected by this

action.” Despite making some effort to satisfy this requirement, Mr. Lane did not do so, and his probation

terminated without legal access being obtained. The properties listed above remain illegally created, and

each one must obtain a Certificate of Compliance, including satisfying any required conditions attached

to it, to become a legal property.

On August 1, 2012, the property owners were sent a detailed letter explaining the circumstances and

detailing their options to correct the violation by achieving a Certificate of Compliance. While a few of

the property owners had contacted staff to discuss the letter, none have taken additional steps to create a

legal parcel. In addition, several of the property owners were invited by one of the property owners to

join a lawsuit to perfect access to their properties and resolve the violation. None of the invited property

owners joined in the lawsuit, while the property owner that pursued the lawsuit successfully perfected

legal access and received a Certificate of Compliance creating a legal parcel.

ANALYSIS

Notice of Intention to Record a Notice of Violation

Whenever a local agency has knowledge that real property has been divided in violation of the

Subdivision Map Act or local ordinances, the agency is required to send a Notice of Intent to Record a

Land Division Violation to the current owner of record (G.C. §66499.36).

On November 6, 2014, staff filed a Notice of Intention to Record a Notice of Violation with the Butte

County Clerk and provided notice of a Planning Commission hearing on December 11, 2014 to address

the filing of the NOVs. The property owners whose property remains in violation by the recordation of

a NOV need to obtain Conditional Certificates of Compliance which would detail the conditions

required to satisfy and cure the violation and create legal parcels.

The Notice of Intention to Record a Notice of Violation and Planning Commission hearing notice was

mailed on November 7, 2004 by Certified Mail to the following property owners:

Eugene Brest (APN: 061-320-013, 061-320-014 & 061-320-017);

G.W. & J.A. Linnell Family Trust C/O Gerald W & Jeannine A Linnell Trustees (APN:

061-320-015);

Monica L. Chase (APN: 061-320-016 & 061-320-072);

James T. Cook (APN: 061-320-018);

Arthur J. Gross (APN: 061-320-021);

Simon Jesus Keohuhu Robles (APN: 061-320-023);

William C. Lane (APN: 061-320-024);

Karl & Connie Akers (APN: 061-320-025 & 061-320-026);

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Elliott Akers (APN: 061-320-027);

William J. & Catherine K. Bishop (APN: 061-320-054);

John & Barbara Dekerguelen Family Trust C/O John H. & Barbara A. Dekerguelen

Trustees (APN: 061-320-055 & 061-320-056);

Terrell L. & Irene P. Truitt Trust C/O Terell L. & Irene P. Truitt Trustees (APN: 061-

320-059);

Calvin J. Baumgarten (APN: 061-320-060);

Hugo Maldonald (APN: 061-320-061);

Terry M. & Debra J. Delagardie (APN: 061-320-062);

Catherine A. Kremer (APN: 061-320-063);

Ricardo & Bonifacia R. Maravillas (APN: 061-320-064);

James H & Tamie Alcock (APN: 061-320-065);

Clyde S. & Louise H. Williams CP (APN: 061-320-066);

Roscoe Dean Currier (APN: 061-320-069);

Lonnie R. & Bertha E. Young CP (APN: 061-320-070); and

Mary E. & Lance Simon (APN: 061-320-071)

Notice of Violation

If the owner of a real property for which a Notice of Intention to Record a Land Division Violation

has been sent does not inform the County, within 15 days of their receipt of the notice, of his or

her objection to recording the Notice of Violation (NOV), the Planning Commission shall cause

the NOV to be recorded with the County Recorder. If, after the property owner has presented

evidence, and it is determined there has been no violation, the County shall mail a clearance letter

to the owner of record. If, after the owner has presented evidence, the Planning Commission

determines the property has in fact been illegally divided, the Commission shall cause the NOV to

be recorded (G.C. §66499.36).

The NOV will encumber the title to said property to prevent its sale, lease or finance. In addition

to the NOV, local realtors from Butte, Sutter, and Yuba counties will be notified that the Lane

Judgment Area properties need to be flagged to prevent the sale of said properties.

Action Needed to Clear Violation:

The process for obtaining a Certificate of Compliance, to remedy the NOV is described in

Government Code §66499.35 and Butte County Code §20-165 through §20-168. The Certificate

of Compliance fee is $2,481.76 and typically takes 45-60 days to process.

Pursuant to Butte County Code §20-163 & §41-10, no county permits, licenses or other

entitlements shall be issued after a NOV has been recorded concerning the affected properties until

all required corrections of the violation have been completed and approved by the affected

department or a waiver is obtained from the director of the affected department. The recordation

of a Conditional Certificate of Compliance will remove the NOV and the restrictions to sell, lease

or loan on the property, however, until the Conditions are met, and the Certificate of Compliance

recorded, the lot will remain undevelopable.

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The major issue with the properties in the Lane Judgment area is access to a publicly maintained

road. The Conditional Certificate of Compliance will require that the Lane Judgment property

owners procure legal access to and from their parcels. Access can be obtained through the creation

of easements through other property owner’s property to the nearest county thoroughfare.

Butte County Code requires a minimum 60-foot wide easement, for road and public utility

purposes, to a publicly maintained road and construction of a two-way traversable access within

said easement. The nearest publicly maintained road is Bald Rock Road. The Planning

Commission did conditionally approve a Certificate of Compliance on another parcel in the area

off of Bean Creek Road with a reduction in the minimum easement width to 30 feet. It is possible

that the Planning Commission may choose to apply the same requirement to future Conditional

Certificates of Compliances.

RESPONSES RECEIVED

As of the date this staff report was prepared, the following owners have contacted staff regarding

the Notice of Intention to Record a Land Division Violation:

William Bishop – He inquired about the NOV process, the procedures for correcting the violation,

and how to obtain legal access to his property. He questioned why it took 40 years for the county

to address the issue with the parcels, and that with the taxes that have been paid that the county

should be responsible for paying the Certificate of Compliance. An application for a Certificate

of Compliance was emailed to Mr. Bishop.

Gerald Linnell - Contacted staff and an application for a Legal Lot Determination/Certificate of

Compliance was mailed to him. He said that he might have one of his sons, Alec or Eric come to

the meeting in his stead. He mentioned that a neighbor had put up a gate preventing access to his

property. The process of the Conditional Certificate of Compliance and Certificate of Compliance

was outlined in the cover letter accompanying the Legal Lot Determination/Certificate of

Compliance application.

Terry Delgardie - Contacted staff regarding the Notice of Intent. He said that Bidwell Title is at

fault because they did a title search before he purchased the property in good faith. Staff informed

him of the hearing date and time.

Calvin Baumgarten - Contacted staff regarding the Notice of Intent. Staff attempted to contact Mr.

Baumgarten and left a message over the phone.

Connie Akers – Mrs. Akers called on behalf of the two parcels under her ownership and the parcel

under her son’s ownership (Elliott Akers - APN: 061-320-027). She asked about the NOV process

and the process of correcting the violations.

James Alcock – Mr. Alcock submitted documentation (See Exhibit “F”) that he claims caused his

parcel to be brought into compliance with the Subdivision Map Act. He also indicated that he has

Title Insurance from 4 June 1976, a Road Maintenance Agreement, and an access easement across

Theodore M. & Kathryn Ryan’s property (APN: 061-320-011). Mr. Alcock noted that he has been

paying taxes for his property for 38 years, and that he should be in compliance. He also stated that

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he should not have to pay for the Certificate of Compliance because he has been paying taxes on

his parcel, and that being a disabled veteran on a fixed income, paying the fee would be a great

hardship.

Arthur Gross - contacted Development Services regarding the Notice of Intent, he indicated that

he has been working towards obtaining a Special Use Permit with the Forest Service to gain access

rights to his property. He indicated that he may be close to getting the necessary permissions from

the Forest Service. He wanted to know if he would be able to ask for additional time from the

Planning Commission in having the NOV recorded. He also noted that he was interested in

merging an adjacent parcel (061-320-022) with (061-320-021) in order to bring the one parcel into

compliance.

Hugo Maldonald – Indicated that he would be interested in correcting the violations. He requested

a Legal Lot Determination application to obtain a Certificate of Compliance, which was

subsequently delivered by email.

Dina Tricoil – Trustee to the Roscoe Dean Currier (APN: 061-320-069) estate. She stated that the

property was purchased by her father with the thought of passing it on to her and her siblings to

enjoy. She inquired about the NOV process, and what it would require to correct the violations.

She requested a Legal Lot Determination application to obtain a Certificate of Compliance, which

was subsequently delivered by email.

Eugene Brest – Mr. Brest was aware of the issues regarding the legality of his property, and

acknowledged the receipt of the 2012 letter sent by Development Services. He indicated that in

addition to the three properties within the Lane Judgment Area, he owns two additional parcels,

located between the Lane Judgment Area parcels and Bald Rock Road. With these two additional

parcels, he has the ability to create his own easement between his parcels and Bald Rock Road.

Mr. Brest inquired about the process of correcting the violations. An application for a Legal Lot

Determination was provided to him.

Terrell L. Truitt – Mr. Truitt inquired about the process of correcting the violation. He indicated

that he has a road use agreement with the Forest Service to use their road to access his property.

But, that he has no plans to develop the property or obtain a Certificate of Compliance.

5

Straw Rd

Milsap Bar Rd

Bean Creek R

d

Galen Ridge Rd

Kaeli

n Rd

Stump Ranch Rd

Fox H

ill Rd

Darnell Ln

Stephens Ridge Rd

Winn

ers C

ir

Galen Ridge Rd

Zink Rd

Bald

Rock

Rd

Oroville Quincy Hwy

French Creek Rd

MISC14-0007

Lane Judgment AreaNotice of Violations

1:27,5000 1,750 3,500 5,250875

FeetLakes

Legend

RoadsRailroad

Streams

Project Location

®VICINITY MAP

6

Bald Rock RdBean Creek Rd

Darnell Ln

Winners Cir

061-080-046

061-050-011

061-320-083

061-080-008

061-320-062061-320-018

061-320-061

061-320-060061-320-064

061-320-059061-320-063061-320-016

061-320-017

061-320-024061-320-022

061-320-025

061-080-150

061-320-071061-320-072

061-050-013

061-320-069061-320-070

061-320-084

061-320-054061-320-056061-320-066

061-320-065

061-320-082061-320-028061-320-055

061-320-021 061-320-023061-320-038

061-320-026

061-320-009

061-320-015061-320-006

061-320-008061-320-013

061-320-027

061-320-007

061-320-027

061-320-033061-320-014

061-320-011

061-080-129

061-320-026

061-080-070

061-320-077

061-320-044061-320-025

Exhibit "A"

²

LegendParcelsRoads

Affected parcels are listed by the Assessor Parcel Numbers:061-320-013, 014, 015, 016, 017, 018, 021, 023, 024,025, 026, 027, 054, 055, 056, 059, 060, 061, 062, 063,

064, 065, 066, 069, 070, 071 and 072

APN 061-320-028 has a recorded Certificateof Compliance and is not included

7

RECORDING REQUESTED BY:

BUTTE COUNTY

DEPARTMENT OF DEVELOPMENT SERVICES

PLANNING DIVISION

AND WHEN RECORDED MAIL TO:

BUTTE COUNTY

PLANNING DIVISION

7 COUNTY CENTER DRIVE

OROVILLE, CA 95965

______________________________________________________________________________________________________


NOTICE OF INTENTION

TO RECORD A

NOTICE OF VIOLATION Pursuant to Government Code Section 66499.36 and

Butte County Code, Chapter 20, Sections 20-161 and 20-161.1

PROPERTY(IES) AFFECTED:

Assessor’s Parcel No(s) 061-320-013, 061-320-014, 061-320-015, 061-320-016, 061-320-017,

061-320-018, 061-320-021, 061-320-023, 061-320-024, 061-320-025,

061-320-026, 061-320-027, 061-320-054, 061-320-055, 061-320-056,

061-320-059, 061-320-060, 061-320-061, 061-320-062, 061-320-063,

061-320-064, 061-320-065, 061-320-066, 061-320-069, 061-320-070,

061-320-071, and 061-320-072

Street Address or Location: On Bean Creek Road within approximately two miles of its intersection

with Bald Rock Road, and on Darnell Lane, Berry Creek

Map of Affected Parcels: See Exhibit “A”

Legal Description(s): See Exhibits “B,” “C,” “D,” “E,” “F,” “G,” “H,” “I,” “J,” “K,” “L,” “M,”

“N,” “O,” “P,” “Q,” “R,” “S,” “T,” “U,” “V,” “W,” “X,” “Y,” “Z,” “AA,”

and “BB” attached

OWNER(S) OF RECORD as of date of this Notice:

Eugene Brest (as to APNs 061-320-013, 061-320-014, and 061-320-017), and G.W. & J.A. Linnell Family Trust C/O Gerald W. & Jeannine A. Linnell Trustees

(as to APN 061-320-015), and

Monica L. Chase/Monica Leithner Chase SS (as to APNs 061-320-016 and 061-

320-072), and

James T. Cook (as to APN 061-320-018), and

Arthur J. Gross (as to APN 061-320-021), and

Simon Jesus Keohuhu Robles (as to APN 061-320-023), and

William C. Lane (as to APN 061-320-024), and

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Page 2 Lane Judgment Area Notice of Intention to Record a Notice of Violation

Karl & Connie Akers (as to APNs 061-320-025 and 061-320-026), and

Elliot Akers (as to APN 061-320-027), and

William J. & Catherine K. Bishop (as to APN 061-320-054), and

John & Barbara Dekerguelen Family Trust C/O John H. & Barbara A.

Dekerguelen Trustees (as to APNs 061-320-055 and 061-320-056), and

Terrell L. & Irene P. Truitt Trust C/O Terell L. & Irene P. Truitt Trustees (as to

APN 061-320-059), and

Calvin J. Baumgarten (as to APN 061-320-060), and

Hugo Maldonald (as to APN 061-320-061), and

Terry M. & Debra J. Delagardie (as to APN 061-320-062), and

Catherine A. Kremer/Catherine K. Bishop (as to APN 061-320-063), and

Ricardo & Bonifacia R. Maravillas or Jack Rawlins (as to APN 061-320-064),

and

James H. & Tamie Alcock (as to APN 061-320-065), and

Clyde S. & Louise H. Williams CP C/O Cathy Bishop (as to APN 061-320-066),

and

Roscoe Dean Currier Estate C/O Deanna Tricoli (as to APN 061-320-069), and

Lonnie R. & Bertha E. Young CP (as to APN 061-320-070), and Mary E. & Lance Simon (as to APN 061-320-071)

DESCRIPTION OF VIOLATION:



between 1969 and 1977. The matter was prosecuted in Butte County Superior Court in case no. 68826 and

in case no. SC69014. Mr. Lane pled guilty, and his sentence required him to obtain “legal access, meeting

Butte County standards, to a public thoroughfore [sic] for the lot purchasers affected by this action.”

Despite making some effort to satisfy this requirement, Mr. Lane did not do so, and his probation


each one must obtain a Certificate of Compliance, including satisfying any required conditions attached to

it, to become a legal property. The process for obtaining a Certificate of Compliance is described in

Government Code Section 66499.35 and Butte County Code Sections 20-165 through 20-168.

ACTION NEEDED TO CLEAR VIOLATION:


detailing their options to correct the violation by achieving a Certificate of Compliance. While a few of the

property owners have contacted staff to discuss the letter, none have taken additional steps to create a legal

parcel. In addition, several of the property owners were invited by one of the property owners to join a

lawsuit to perfect access to their properties and resolve the violation. None of the invited property owners

joined in the lawsuit, while the property owner that pursued the lawsuit successfully perfected legal access

and received a Certificate of Compliance creating a legal parcel. The property owners whose property

remains in violation need to obtain Conditional Certificates of Compliance which will detail the conditions

required to be satisfied to cure the violation and create legal parcels.

9

Page 3 Lane Judgment Area Notice of Intention to Record a Notice of Violation

Note: Pursuant to Butte County Code Sections 20-163 & 41-10, no county permits, licenses or other entitlements

shall be issued after a notice of violation has been recorded concerning the affected properties until all required

corrections of the violation have been completed and approved by the affected department or a waiver is obtained

from the director of the affected department.

Signed by: __________________________ Date: ____________________

Tim Snellings, Director

Department of Development Services

………………………………………………………………………………………………………………………...…

STATE OF CALIFORNIA )

COUNTY OF BUTTE ) SS.

)

On ________________________ before me, __________________________, Notary Public, personally appeared

______________________________________________

_________________________________________________, who 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 (ies), and that by his/her/their signature(s) on the instrument the person(s), or the

entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and

correct.

WITNESS my hand and official seal.

_______________________________________

Signature

(Seal)

10

RECORDING REQUESTED BY:

BUTTE COUNTY

DEPARTMENT OF DEVELOPMENT SERVICES

PLANNING DIVISION

AND WHEN RECORDED MAIL TO:

BUTTE COUNTY

PLANNING DIVISION

7 COUNTY CENTER DRIVE

OROVILLE, CA 95965

______________________________________________________________________________________________________


NOTICE OF VIOLATION Pursuant to Government Code Section 66499.36 and

Butte County Code, Chapter 20, Sections 20-161 and 20-161.1

PROPERTY(IES) AFFECTED:

Assessor’s Parcel No(s) 061-320-013, 061-320-014, 061-320-015, 061-320-016, 061-320-017,

061-320-018, 061-320-021, 061-320-023, 061-320-024, 061-320-025,

061-320-026, 061-320-027, 061-320-054, 061-320-055, 061-320-056,

061-320-059, 061-320-060, 061-320-061, 061-320-062, 061-320-063,

061-320-064, 061-320-065, 061-320-066, 061-320-069, 061-320-070,

061-320-071, and 061-320-072

Street Address or Location: On Bean Creek Road within approximately two miles of its intersection

with Bald Rock Road, and on Darnell Lane, Berry Creek

Map of Affected Parcels: See Exhibit “A”

Legal Description(s): See Exhibits “B,” “C,” “D,” “E,” “F,” “G,” “H,” “I,” “J,” “K,” “L,” “M,”

“N,” “O,” “P,” “Q,” “R,” “S,” “T,” “U,” “V,” “W,” “X,” “Y,” “Z,” “AA,”

and “BB” attached

OWNER(S) OF RECORD as of date of this Notice:

Eugene Brest (as to APNs 061-320-013, 061-320-014, and 061-320-017), and G.W. & J.A. Linnell Family Trust C/O Gerald W. & Jeannine A. Linnell Trustees

(as to APN 061-320-015), and

Monica L. Chase/Monica Leithner Chase SS (as to APNs 061-320-016 and 061-

320-072), and

James T. Cook (as to APN 061-320-018), and

Arthur J. Gross (as to APN 061-320-021), and

Simon Jesus Keohuhu Robles (as to APN 061-320-023), and

William C. Lane (as to APN 061-320-024), and

Karl & Connie Akers (as to APNs 061-320-025 and 061-320-026), and

Elliot Akers (as to APN 061-320-027), and

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Page 3

Lane Judgment Area Notice of Violation

William J. & Catherine K. Bishop (as to APN 061-320-054), and

John & Barbara Dekerguelen Family Trust C/O John H. & Barbara A.

Dekerguelen Trustees (as to APNs 061-320-055 and 061-320-056), and

Terrell L. & Irene P. Truitt Trust C/O Terell L. & Irene P. Truitt Trustees (as to

APN 061-320-059), and

Calvin J. Baumgarten (as to APN 061-320-060), and

Hugo Maldonald (as to APN 061-320-061), and

Terry M. & Debra J. Delagardie (as to APN 061-320-062), and

Catherine A. Kremer/Catherine K. Bishop (as to APN 061-320-063), and

Ricardo & Bonifacia R. Maravillas or Jack Rawlins (as to APN 061-320-064),

and

James H. & Tamie Alcock (as to APN 061-320-065), and

Clyde S. & Louise H. Williams CP C/O Cathy Bishop (as to APN 061-320-066),

and

Roscoe Dean Currier Estate C/O Deanna Tricoli (as to APN 061-320-069), and

Lonnie R. & Bertha E. Young CP (as to APN 061-320-070), and Mary E. & Lance Simon (as to APN 061-320-071)

DESCRIPTION OF VIOLATION:



between 1969 and 1977. The matter was prosecuted in Butte County Superior Court in case no. 68826 and

in case no. SC69014. Mr. Lane pled guilty, and his sentence required him to obtain “legal access, meeting

Butte County standards, to a public thoroughfore [sic] for the lot purchasers affected by this action.”

Despite making some effort to satisfy this requirement, Mr. Lane did not do so, and his probation


each one must obtain a Certificate of Compliance, including satisfying any required conditions attached to

it, to become a legal property. The process for obtaining a Certificate of Compliance is described in

Government Code Section 66499.35 and Butte County Code Sections 20-165 through 20-168.

ACTION NEEDED TO CLEAR VIOLATION:


detailing their options to correct the violation by achieving a Certificate of Compliance. While a few of the

property owners have contacted staff to discuss the letter, none have taken additional steps to create a legal

parcel. In addition, several of the property owners were invited by one of the property owners to join a

lawsuit to perfect access to their properties and resolve the violation. None of the invited property owners

joined in the lawsuit, while the property owner that pursued the lawsuit successfully perfected legal access

and received a Certificate of Compliance creating a legal parcel. The property owners whose property

remains in violation need to obtain Conditional Certificates of Compliance which will detail the conditions

required to be satisfied to cure the violation and create legal parcels.

Note: Pursuant to Butte County Code Sections 20-163 & 41-10, no county permits, licenses or other entitlements

shall be issued after a notice of violation has been recorded concerning the affected properties until all required

12

Page 3

Lane Judgment Area Notice of Violation

corrections of the violation have been completed and approved by the affected department or a waiver is obtained

from the director of the affected department.

Signed by: __________________________ Date: ____________________

Tim Snellings, Director

Department of Development Services

………………………………………………………………………………………………………………………...…

State of California

County of Butte

On ________, the ____ day of __________, 2014, before me, ____________________________, Notary Public, personally appeared

Tim Snellings, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is

subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his

signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

Signature______________________________________________

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BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT · PDF fileBUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ... detailing their options to correct the violation by ... Terrell L. & Irene