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Home My WebLink AboutDET19-0003_Agenda_Report ■ Butte County Department of Development Services ■ ■ December 11, 2019 ■ Legal Lot Determination DET19-0003 (Soria) ■ Page 1 of 4■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – December 11, 2019 EXECUTIVE SUMMARY: This application is a request for a Legal Lot Determination/Conditional Certificate of Compliance a parcel, APNs 027-350-188 (10 acres). The parcel was created by deed (95-13299, recorded on April 24, 1995) with a 60-foot private easement for access. The properties are zoned RR-40 (Rural Residential 10 acre minimum). The parcel is located approximately 600 feet south of Cox Lane, approximately 3.5 miles south of Palermo. Staff recommends the Zoning Administrator find the proposed project to be categorically exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15305 of the CEQA Guidelines (Minor Alterations in Land Use Limitations - Class 5 Exemption), and to approve Legal Lot Determination DET19-0003 through a Certificate of Compliance and Conditional Certificate of Compliance with the findings and conditions identified below in Exhibit A. SITE CHARACTERISTICS AND SURROUNDING USES:  The project site is undeveloped and primarily grassland.  Surrounding parcels are primarily 10 acres in size, with a couple of 20-acre parcels located to the west.  Surrounding parcels are either undeveloped or are developed with a residential dwelling. There is an active agricultural use (orchards) to the north and northwest. Applicant: Jose and Socorro Soria Location: The parcel is located approximately 600 feet south of Cox Lane, approximately 3.5 miles south of Palermo. Owner: Jose and Socorro Soria File #: DET19-0003 Supervisor District: 1 Request: Legal Lot Determination/ Conditional Certificate of Compliance Project Planner: Mark Michelena Senior Planner G.P. Zoning: Rural Residential (RR) RR-10 (Rural Residential 10 acre minimum) Parcel Size: Attachments: 10 acres. A: DET19-0003 Zoning Administrator Decision B: Conditions of Approval C: Grant Deed/Creation Document D: Plat APN: 027-350-188 ■ Butte County Department of Development Services ■ ■ December 11, 2019 ■ Legal Lot Determination DET19-0003 (Soria) ■ Page 2 of 4■ ANALYSIS:  The parcel was created by deed (95-13299, recorded on April 24, 1995) with a 60-foot private easement for access.  Originally, the parcel was created by map (Valencia Tract, 7 M.O.R. 58, on August 11, 1913). However, that map was later determined to be an antiquated map and the underlying lots, unless deeded separately with access prior to March 3, 1972, are not considered to be valid parcels.  The current General Plan land use designation for the submit property is Rural Residential. At the time of parcel creation, the General Plan land use designation was Agricultural Residential.  The current zoning is RR-10 (Rural Residential 10-acre minimum). At the time of parcel creation, by the adoption of Ordinance 1629, on October 7, 1975, the zoning was A-5 (Agriculture 5-acre minimum).  The 10-acre parcel size is consistent with the current zoning minimum parcel size (10 acres) and was consistent with the zoning minimum parcel size (5 acres) at the time of creation.  Development of the lot will not be permitted until minimum requirements are satisfied through fulfillment of the conditions of the Conditional Certificate of Compliance (see Agency Comments, below). AGENCY COMMENTS: The project was reviewed by the Butte County Public Works Department, Environmental Health Division, CalFire/Butte County Fire Department, and the Assessor’s Office:  Public Works Department provided the following conditions: 1. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 2. Provide approved access to the parcel from a publicly maintained road or state highway in accordance with County Code. Minimum easement width to be 60 feet.  Butte County Environmental Health Division approved their review, noting they had completed their site evaluation for wastewater.  Cal-Fire/Butte County Fire commented, “All parcels are with the State Responsibility Area and a Moderate Fire Hazard Severity Zone.”  The Butte County Assessor’s office had no issues with the project. CEQA REVIEW: This project has been determined to be categorically exempt from the California Environmental Quality Act (CEQA) provisions under Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines (Class 5 Exemption). Under this exemption, projects that do not result in any changes to land use or density may be considered exempt from CEQA. ■ Butte County Department of Development Services ■ ■ December 11, 2019 ■ Legal Lot Determination DET19-0003 (Soria) ■ Page 3 of 4■ ATTACHMENT A LEGAL LOT DETERMINATION DET19-0003 (Jose & Socorro Soria) Request for Legal Lot Determination/Conditional Certificate of Compliance APN: 027-350-188 ZONING ADMINISTRATOR DECISION ZDN19-00XX December 11, 2019 I. Find this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under 14 CCR Section 15305 (Class 5 Exemption). Class 5 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. A. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and Wildlife Code Section 711.4 and 14 CCR 753.5 is not required. B. The custodian of the record is the Department of Public Works. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Approve Legal Lot Determination DET19-0003, subject to the following findings and requirements: A. The parcel was created by deed (95-13299, recorded on April 24, 1995) with a 60-foot private easement for access. B. The parcel was consistent with the requirements of the A-5 (Agriculture 5-acre minimum) zoning designation in effect at the time of its creation. C. As conditioned, the Conditional Certificate of Compliance for the parcel will not be detrimental to the health, safety, and welfare of the surrounding area. D. The conditions of the Legal Lot Determination are as follows: 1. Pay the recording fee in effect at the time the (Conditional) Certificate of Compliance is recorded. The current fee is $15.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is $18.00 without conditions, $21.00 with conditions. This cost estimate is based on one page notification (first sheet), one page of legal description attached as Exhibit “A”, and one page of conditions attached as Exhibit “B”. 2. Provide two-way traversable access to from a publicly maintained road or state highway as defined in the County Code. 3. Provide approved access to and from a publicly maintained road or state highway in accordance with County Code. The minimum easement width shall be 60 feet. Approved By: Date: ■ Butte County Department of Development Services ■ ■ December 11, 2019 ■ Legal Lot Determination DET19-0003 (Soria) ■ Page 4 of 4■ ATTACHMENT B Legal Lot Determination/Conditional Certificate of Compliance on APNs 027-350-188 (DET19-0003): I. CONDITIONS OF APPROVAL: 1. Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is $15.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is $18.00 without conditions, $21.00 with conditions. This cost estimate is based on one page notification (first sheet), one page of legal description attached as Exhibit “A”, and one page of conditions attached as Exhibit “B”. 2. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 3. Provide approved access to the parcel from a publicly maintained road or state highway in accordance with County Code. The minimum easement width shall be 60 feet. R� Bl the Request of J/ld Valley TIU• & &.:row Company 95-13299 � 5-0132(3 g: Rec Fee Order No. --z , Escrow No. L.oan No. 147220AM-3 WHEN RECORDED MAIL TO: HENRY T. RUNGE, JR .. TRUSTEE P.O. BOX 2042 OROVILI.E, CA 95965 MAIL TAX STATEMENTS TO: SAME />S /oSOVE Recorded Off�cial Reoords County cf Butte Candace J. Grubba Reco+der S100am 24.""Apr-'a5 DOC Check !!VTC DOCUMENTARY TRANSFER TAX U1U!L 15,00 26,40 41,40 FIi 4 X � «l '" cauldeirtJlon °' VPlla ct property � OA .. Computed on tw:i caruldllrSUoo Of vailo loa bl! o, � t6r"r!O\ltlg at l.n'ICII ct�. Toa 1indecslgoed Granter declares GRANT DEED AP NO.: 027-350-1 tllHXlO FOR A VALUABLE CONS10ERA.TION, ra,colpt of whlch la hereby ocknow1Gdg&d, ADELE APPLEBAUM, AN UNMARRIED WOMAN AND ESTELLE W, KRACKOV, AN UNMARRIED WOMAN AND DORIS BROUDY, AN UNMARRIED WOMAN AND MARK KRACKOV AND JULIE KRACKOV, HUSBAND AND WIFE h8loby <lAANT(S) to HENRY T. RUNGE, JR., TRUSTEE OF THE HENRY T, RUNGE, JR. AND CYNTHIA A. RUNGE LIVING TRUST the roal proporty In I.ha County or as UNINCORPORATED AREA BUTTE 'St,!o of CalWomta,- *""*111:*******••****SEE ATTACHED LEGAL DESCRIPTION***•*****•••111• Dated Apnl z 1995 STATE OF CALIFORNIA CO\JN1'1 OF ) ... l �----------------.""· ---------------- pomQIW� ftWGU� �-�-�-��-----·------------- . p(lfaOnlllly kl'IOWO to ma (or proved to me on \ho basis ol &a!Wlld.ory a.idonc0) to be th& PQl'&Of'l(II) wht»O rlbm0(8) ls/al'& BUbMribod lo tho within lnslnlmoot and ,IQ,� to mo that ho/oho/lhoy oxOQ.lted lhll 5alTIB In hb/her/lholr twthOl'lzoo eap&cl!y(las), ffld \hat by h\$/her/lhOlr slgr141u10{�> on the JnsWmeot lho parWl{s) or !ho enUty upon bet.all of 'Ntllch tho ))6(SOl'l(s) a.ctQd. executed lhQ ln!it.rumonl 'MTNESS trrt hMd and otfldal MAL SEE Al IACAEO EXRIBl1 'A* FOR StGNAI ORES ATTACHMENT C ATTACHMENT D