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Home My WebLink AboutDET21-0012 Agenda Report■Butte County Department of Development Services ■■ April 20, 2022 ■ Medrano DET21-0012 ■ Page 1 of 7■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – April 20, 2022 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 approve Legal Lot Determination DET21-0012 through a Conditional Certificate of Compliance with the findings and conditions identified below in Exhibits A and B. EXECUTIVE SUMMARY: This application is a request for a Legal Lot Determination/Conditional Certificate of Compliance for a single parcel, APN: 027-240-053 (30.0 acres). The parcel was created inappropriately by grant deed (Book 2390, Page 171, recorded on April 17, 1979) as a remainder. The property is zoned AG-20 (Agriculture, 20-acre minimum) and is unaddressed, approximately 2.75 miles south of Oroville city limits via Railroad Avenue. SITE CHARACTERISTICS AND SURROUNDING USES: •Assessor’s Parcel 027-240-065 to the north is approximately 9.77 acres in size , developedwith residential and agricultural uses, and zoned AG-20 (Agriculture, 20-acre minimum). •Assessor’s Parcels 027-240-067 and 027-240-054 to the west are approximately 5.0 and10.0 acres in size, developed with residential uses, and zoned RR-5 (Rural Residential, 5- acre minimum). Applicant: Location: The unaddressed parcel is located north of Craig Avenue, approximately 2.75 mile s south of Oroville city limits via Railroad Avenue. Owner: Dorman Lord Ramero Medrano File #: DET21-0012 Supervisor District: 1 (Bill Connelly) Request: Legal Lot Determination/ Conditional Certificate of Compliance Project Planner: Austin Forde Assistant Planner G.P. Zoning: Agriculture Agriculture (AG-20) Parcel Size: Exhibits : 30.0 acres A: DET21-0012 Zoning Administrator Decision B: Conditions of Approval APN: 027-240-053 ■ Butte County Department of Development Services ■ ■ April 20, 2022 ■ Medrano DET21-0012 ■ Page 2 of 7■ • Assessor’s Parcels 027-240-036 and 027-240-061 to the east are approximately 10.0 and 4.34 acres in size, developed with residential uses, and zoned AG-20 (Agriculture, 20-acre minimum). • Assessor’s Parcel 027-250-046 to the south is approximately 9.17 acres in size, undeveloped, and zoned AG-20 (Agriculture). • Surrounding land uses include large rural parcels with residential uses and vacant agricultural land. ANALYSIS: • The subject parcel was created in its current configuration by Grant Deed (Book 2390, Page 171, recorded on April 17, 1979) as a remainder with frontage on a publicly maintained roadway, which satisfies access requirements. • The current General Plan land use designation for the subject property is “Agriculture”. At the time of parcel creation, the General Plan land use designation was “Agriculture”. • The current zoning of the subject parcel is AG-20 (Agriculture, 20-acre minimum). At the time of parcel creation, the zoning was A-5 (Agriculture). • The 30.0-acre parcel size is consistent with the current zoning designation’s minimum parcel size (20 acres) and was consistent with the minimum parcel size of the A-5 zone (5 acres) at the time of creation. • The parcel was created in noncompliance with the standards under Ordinance 3049. While the parcel’s deed (Book 2390, Page 171, recorded on April 17, 1979) created less than five parcels, met minimum parcel size standards and zoning standards, and provided frontage on a publicly maintained roadway, lot creation by grant deed was prohibited under the applicable subdivision ordinance (Ordinance 3049), and no compliance with sewage disposal and water supply standards was made. • No development permits have been submitted in conjunction with this request for a Legal Lot Determination/Certificate of Compliance. ■ Butte County Department of Development Services ■ ■ April 20, 2022 ■ Medrano DET21-0012 ■ Page 3 of 7■ Assessor Parcel Map (Lot 53) ■ Butte County Department of Development Services ■ ■ April 20, 2022 ■ Medrano DET21-0012 ■ Page 4 of 7■ Aerial View/Zoning Map (APN: 027-240-053) ■ Butte County Department of Development Services ■ ■ April 20, 2022 ■ Medrano DET21-0012 ■ Page 5 of 7■ AGENCY COMMENTS: The project was reviewed by the Butte County Public Works Department, Environmental Health Division, and CAL FIRE/Butte County Fire Department: • Butte County Public Works Department provided clearance in their review, including a standard condition related to payment of recordation fees. • CAL FIRE/Butte County Fire Department provided clearance in their review, noting that the subject parcel is within the State Responsibility Area (SRA) for fire protection and a High Fire Hazard Severity Zone, and that future construction, installation, or development of buildings and/or roads, driveways, gates and bridges on the lot shall comply with California Building Standard Codes, California Fire Safe Regulations, and current Butte County Improvement Standards, whichever are stricter. • Butte County Environmental Health Division provided clearance in their review, noting that a Site Evaluation (SEWW21-0050) proving wastewater was completed, but that the applicant will need to prove water adequacy for a single family residence. A water well application has been submitted and is under review. • The Butte County Planning Division provided clearance for the conditional COC. 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 ■ ■ April 20, 2022 ■ Medrano DET21-0012 ■ Page 6 of 7■ EXHIBIT A LEGAL LOT DETERMINATION DET21-0012 (Medrano) Request for Legal Lot Determination/Certificate of Compliance APN: 027-240-053 ZONING ADMINISTRATOR DECISION ZDN22-00XX April 20, 2022 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 DET21-0012, subject to the following findings and requirements: A. APN 027-240-053, of 30.0 acres, was created by grant deed (Book 2390, Page 171, recorded on April 17, 1979) as a remainder with frontage on a publicly maintained roadway. B. The parcel was consistent with the requirements of the A-5 zoning designation in effect at the time of its creation, but not the requirements of Ordinance 3049. C. As conditioned under the Certificate of Compliance, the parcel will not be detriment al to the health, safety, and welfare of the surrounding area. D. The conditions of the Legal Lot Determination/Certificate of Compliance 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 pages(s) of legal description attached as Exhibit "A", and 1 page(s) of conditions attached as Exhibit "B". 2. Prove that adequate quantities of domestic water for a single family residence are available to the parcel, to the satisfaction of the Butte County Environmental Health Division. Approved By: ______________________________ Curtis Johnson, Zoning Administrator Date: April 20, 2022 ■ Butte County Department of Development Services ■ ■ April 20, 2022 ■ Medrano DET21-0012 ■ Page 7 of 7■ EXHIBIT B Legal Lot Determination/Certificate of Compliance on APN: 027-240-053 (DET21-0012): 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 pages(s) of legal description attached as Exhibit "A", and 1 page(s) of conditions attached as Exhibit "B". 2. Prove that adequate quantities of domestic water for a single family residence are available to the parcel, to the satisfaction of the Butte County Environmental Health Division.