HomeMy WebLinkAboutDET23-0001 Approval Letter Department of Development Services Paula M. Daneluk, AICP, Director Curtis Johnson, Assistant Director 7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785
buttecounty.net/dds
April 19, 2023
Gary Miller 19 Abruzzini Ct
Napa, CA 94558 cavemangary2@gmail.com Re: LEGAL LOT DETERMINATION – DET23-0001; APNs 061-030-041, 061-030-045
Dear Mr. Miller:
At the Zoning Administrator meeting held April 19, 2023 your request for a Legal Lot Determination for
lots (APN 061-030-041, 061-030-045), created illegally, was approved as a Conditional Certificate of
Compliance. Please see below for the Zoning Administrator’s Decision. Should you desire to appeal any of the decision by the Zoning Administrator, you must do so in writing, prior to 4:00 p.m., Wednesday, May 3, 2023.
Department of Development Services Planning Division 7 County Center Drive
Oroville, California, 95965
The appeal fee of $761.43 must be paid at that time. If you do not appeal within the 15 calendar-day appeal period, the action of the Zoning Administrator is final.
Please take this document together with Exhibit A below to the Public Works Department to complete your Certificate of Compliance on or after Thursday, May 4, 2023. Public Works is located at 7 County Center Dr., Oroville, CA 95965 and can be reached at: 530.538.7681.
Should you have any questions regarding this matter, please contact me at 530.552.3685, or by email at tweems@buttecounty.net between 8:00 a.m. and 4:00 p.m., Monday through Friday.
Sincerely,
Tristan Weems, AICP Senior Planner
Cc. Kim Hunter, Land Development Division Manager, Butte County Public Works /Enclosures/
EXHIBIT A
LEGAL LOT DETERMINATION DET23-0001 (Gary Miller) Request for Legal Lot Determination/Conditional Certificate of Compliance APNs: 061-030-041, 061-030-045
ZONING ADMINISTRATOR DECISION ZDN23-0006
April 19, 2023
I. Find this project is exempt from the California Environmental Quality Act (CEQA) provisions under CEQA Guidelines 15061 (b) (3) (common sense exemption). Common sense exemptions apply
when it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
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 DET23-0001, subject to the following findings and requirements: A. The APN 061-030-041 was created by gift deed, 2113-693, Oct 22 1976 without access to a county-maintained roadway. APN 061-030-045 created by deed, 2557-668, Oct 1980 without access to a county-maintained roadway and without evidence of county Lot Line Adjustment oversite.
B. APN 061-030-045 is inconsistent with the requirements of the U (Unclassified) zoning
designation in effect at the time of its creation and the current FR-5 (Foothill Residential 5-
acre minimum) zoning designation.
C. APN 061-030-041 is inconsistent with the requirements of the U zoning designation in effect
at the time of its creation, but is consistent with the current FR-5 zoning designation.
D. The current owner (applicant) acquired the property on December 14, 2005.
E. As conditioned under the Conditional Certificate of Compliance, the parcel will not be detrimental to the health, safety, and welfare of the surrounding area.
F. The conditions of the Legal Lot Determination/Conditional 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. Through the Department of Development Services, Planning Division, apply for a Certificate of Merger and merge APNs 061-030-041 and 061-030-045.
3. Provide two-way traversable access to the merged parcel from a publicly maintained road
or state highway as defined in the County Code to the satisfaction of the Department of Public Works.
4. Provide approved access to the merged parcel from a publicly maintained road or state highway in accordance with County Code. Minimum easement width to be 60 feet to the satisfaction of the Department of Public Works.
5. Prove that adequate quantity and quality of domestic water for a single-family residence
is available to the merged parcel.
6. Prove that adequate sewage disposal area for a single-family residence exists on the merged parcel. Site evaluation must be completed to determine field requirements.
Approved By: ___________________________________ Curtis Johnson, Zoning Administrator
Date: April 19, 2023