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Home My WebLink AboutDET20-0002 Agenda Report ■ Butte County Department of Development Services ■ ■ March 24, 2021■ S + S Property Investment Group, LP DET20-0002 ■ Page 1 of 11■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – March 24, 2021 Recommendation: 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 DET20-0002 through a Certificate of Compliance with the findings and conditions identified below in Exhibit A. EXECUTIVE SUMMARY: The Legal Lot Determination is requested in conjunction with an application for a well permit to install a domestic well for drinking and supplemental irrigation. The parcel fronts the Feather River, and is currently utilized for recreational events in association with the applicant's adjacent properties. Adjacent uses include a Paintball Park, off-road vehicle obstacle course, mobile home park and light industrial and commercial facilities. Applicant: S & S Property Investment Group, LP Location: The parcel is unaddressed, and located adjacent to Hwy 70 across from the western terminus of Georgia Pacific Way, adjacent to the west of the City of Oroville city limits. The parcel is zoned Light Industrial (LI with 10,000 square foot minimums). Owner: S & S Property Investment Group, LP File #: DET20-0002 Supervisor District: 1 (Bill Connelly) Request: Legal Lot Determination/ Conditional Certificate of Compliance Project Planner: Tristan Weems Associate Planner G.P. Zoning: Industrial (I) Light Industrial (LI 10,000 square foot minimum) with a Recreation Commercial Overlay Parcel Size: Exhibits: 14.16 acres A: DET20-0002 Zoning Administrator Decision B: Conditions of Approval C: Assessor Map D: GIS Map E: Creation Deed APN: 035-480-077 ■ Butte County Department of Development Services ■ ■ March 24, 2021■ S + S Property Investment Group, LP DET20-0002 ■ Page 2 of 11■ The property is approximately 14 acres zoned Light Industrial with the Recreation Commercial Overlay. Small storage and equipment buildings and a large temporary tent structure are also located on the parcel. Two fee title strips provide driveway access and connect the river frontage portion of the property with Pacific Heights Road, a County road. Soil tests for sewage disposal capability were demonstrated in 2017. No permanent restroom facilities have been constructed on the parcel to date. The parcel was created June 28, 1978 by deed 2299-124. Vegetation along the riverbank has been preserved. The applicant has enjoyed historical water usage from the river and currently pumps and stores irrigation water for landscape maintenance and fire protection. The property is zoned Light Industrial (LI) and meets current 10,000 square foot zoning minimums and the prior applicable zoning designation of A-2, requiring 8,125 square foot minimum parcel sizes. SITE CHARACTERISTICS AND SURROUNDING USES: • Surrounding zoning designations are Light Industrial and Resource Conservation. • The Feather River is adjacent to the western side of the parcel. • The subject parcel does not have an address. ANALYSIS: • The subject property was created by Grant Deed 2299-124 on June 28, 1978. • The current General Plan land use designation for the subject property is Industrial. At the time of the parcel’s creation (June 28, 1978), zoning was A-2 with 8,125 square foot parcel size minimums. • The current zoning is LI and the subject property conforms to the zone’s 10,000 square foot minimum parcel size. The parcel is also included in the Recreation Commercial Overlay zone. • The parcel is consistent with the current General Plan land use designation of Industrial and LI zoning. • Planning determined through the analysis of the creation deed (post Map Act) that the ownership has changed since the creation of the parcel. Since the ownership has changed and the parcel met zoning requirements at time of creation and currently, this project may proceed without a Parcel Map requirement, in compliance with the subdivision ordinance in effect at the time of the parcel’s creation, Ordinance No. 3049, which allowed parcels to be created by deed. • A Title Guarantee was accepted in lieu of a Preliminary Title Report, and all other aspects of the application are deemed complete. 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: ■ Butte County Department of Development Services ■ ■ March 24, 2021■ S + S Property Investment Group, LP DET20-0002 ■ Page 3 of 11■ • Butte County Public Works Department approved their review with no comment or condition and returned that the applicant provided a 1978 creation deed (June 28, 1978, 2299-124). • Butte County Environmental Health Division approved their review, with the added condition to require a site evaluation prior to recordation (Condition 2.) • Cal-Fire/Butte County Fire had no comments. • The Butte County Assessor’s office had no comments. 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 ■ ■ March 24, 2021■ S + S Property Investment Group, LP DET20-0002 ■ Page 4 of 11■ EXHIBIT A LEGAL LOT DETERMINATION DET20-0002 (S + S Property Investment, LP) Request for Legal Lot Determination/Conditional Certificate of Compliance APN: 035-480-077 ZONING ADMINISTRATOR DECISION ZDN21-00XX March 24, 2021 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 DET20-0002, subject to the following findings and requirements: A. APN 035-480-077 was created by deed 2299-124 on June 28, 1978. B. The parcel was consistent with the requirements of the A-2 zoning designation in effect at the time of its creation and remains consistent with current LI zoning minimum. 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 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 1 page notification (first sheet), 1 page of legal description attached as Exhibit “A”, and 1 page of conditions attached as Exhibit “B”. 2. Applicant must submit a site evaluation application for each lot and complete site evaluations prior to recordation of the (Conditional) Certificate of Compliance. Approved By: ______________________________ Pete Calarco, Zoning Administrator Date: March 24, 2021 ■ Butte County Department of Development Services ■ ■ March 24, 2021■ S + S Property Investment Group, LP DET20-0002 ■ Page 5 of 11■ EXHIBIT B Legal Lot Determination/Conditional Certificate of Compliance on APN 035-480-077 (DET20- 0002): 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 1 page notification (first sheet), 1 page of legal description attached as Exhibit “A”, and 1 page of conditions attached as Exhibit “B”. 2. Applicant must submit a site evaluation application for each lot and complete site evaluations prior to recordation of the (Conditional) Certificate of Compliance. ■ Butte County Department of Development Services ■ ■ March 24, 2021■ S + S Property Investment Group, LP DET20-0002 ■ Page 6 of 11■ EXHIBIT C: Assessor Parcel Map (Lot 77) Subject Property ■ Butte County Department of Development Services ■ ■ March 24, 2021■ S + S Property Investment Group, LP DET20-0002 ■ Page 7 of 11■ EXHIBIT D: GIS Map ■ Butte County Department of Development Services ■ ■ March 24, 2021■ S + S Property Investment Group, LP DET20-0002 ■ Page 8 of 11■ EXHIBIT E: Creation Deed ■ Butte County Department of Development Services ■ ■ March 24, 2021■ S + S Property Investment Group, LP DET20-0002 ■ Page 9 of 11■ ■ Butte County Department of Development Services ■ ■ March 24, 2021■ S + S Property Investment Group, LP DET20-0002 ■ Page 10 of 11■