The URL can be used to link to this page

Home My WebLink AboutDET20-0001 Agenda Report ■ Butte County Department of Development Services ■ ■ July 5, 2023 ■ Sierra Living Trust DET20-0001 ■ Page 1 of 7 ■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT –July 5, 2023 RECOMMENDATION: Staff recommends the Zoning Administrator find the proposed project to be exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b) (3) (Common Sense Exemption) of the CEQA Guidelines, and approve Legal Lot Determination DET20-0001 through a Conditional Certificate of Compliance with the findings and conditions identified below in Exhibit A and B. EXECUTIVE SUMMARY: This application requests a Legal Lot Determination for one parcel: APN 058-680-010 (5.13 Acres). This parcel is located in the Ben Culet Judgement Area. It was created as a remainder from parent deed, 1530-279, and 1675-608 on 5/71. It was first conveyed 3/74 as 1894-129. The property is zoned Foothill Residential 5 acre minimum (FR-5). SITE CHARACTERISTICS AND SURROUNDING USES: • The subject parcel is forested and contains a two-story shed subject to Code Enforcement action (BCE20-00039). • The parcel slopes from a topographic shelf located northerly at 1,400’ above sea level to the south west at 1,320’ above sea level. • Surrounding area includes residential development and Foothill Residential 5-acre zoning. Applicant: Lee Llewellyn (Trustee) Location: 0 Via Las Lupes Road, located approximately 1 mile east of Hwy 70, 6,000 feet south of Concow. Owner: Sierra Living Trust File #: DET20-0001 Supervisor District: 5 Request: Legal Lot Determination/ Conditional Certificate of Compliance Project Planner: Tristan Weems, AICP Senior Planner G.P. Zoning: Foothill Residential (FR) Foothill Residential (FR-5) Parcel Size: Exhibits: 5.13 acres A: DET23-0001 Zoning Administrator Decision B: Conditions of Approval APN: 058-680-010 ■ Butte County Department of Development Services ■ ■ July 5, 2023 ■ Sierra Living Trust DET20-0001 ■ Page 2 of 7 ■ ANALYSIS: • The current owner (Sierra Living Trust) has been in possession of the property since 2005. • The parcel complies with zoning and meets current Foothill Residential zoning minimums (5 acres). • There is current Code Enforcement activity on the parcel. Code Enforcement Officer Eric Chen was notified of this project application. • The ownership has changed since the creation of the parcel. • APN 058-680-010 was created as a remainder from parent deed, 1530-279, and 1675-608 on 5/71. It is located within the Ben Culet Judgement Area. It was first conveyed 3/74 as 1894- 129. • The parcel has legal access to a county-maintained road through adjacent Via Las Lupes (private) to Raulson Lane (private) to county-maintained Yankee Hill Road. • The parcel must undergo a site evaluation per Environmental Health review. • Staff recommends a Conditional Certificate of Compliance. ■ Butte County Department of Development Services ■ ■ July 5, 2023 ■ Sierra Living Trust DET20-0001 ■ Page 3 of 7 ■ Snippet from Assessor Map Book 58 Page 68 ■ Butte County Department of Development Services ■ ■ July 5, 2023 ■ Sierra Living Trust DET20-0001 ■ Page 4 of 7 ■ Aerial View/Zoning Map APN 058-680-010 ■ Butte County Department of Development Services ■ ■ July 5, 2023 ■ Sierra Living Trust DET20-0001 ■ Page 5 of 7 ■ AGENCY COMMENTS: The project was reviewed by the Butte County Public Works Department, Public Health Environmental Health Division, and Butte County Fire Department: • Butte County Public Works Department approved their review, including the requirement to pay fees for COC recordation; no conditions were noted for their review. • Butte County Environmental Health Division provided clearance in their review, indicating that the applicant must submit a site evaluation application for the lot and complete a site evaluation. • Butte County Fire reviewed the application and provided clearance, noting that the subject parcel is within the SRA, and a Very High Fire Hazard Severity Zone (VHFHSZ). Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations— Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. CEQA REVIEW: This project has been determined to be exempt from the California Environmental Quality Act (CEQA) provisions pursuant to Section 15061 (b) (3) (Common Sense Exemption) of the CEQA Guidelines. Under this exemption, projects that do not result in any significant changes to the environment may be considered exempt from CEQA. CEQA Common Sense Exemption Analysis: The parcel is not located in the Deer Herd Migration Overlay Area and contains oak, pine woodland. Rana boylii foothill yellow-legged frog, candidate threatened, located with potential occurrences on the property with a center of the occurrence area pinpointed approximately 5,000 feet north. Minor area where slopes exceed 30% located on the north western property boundary and within an approximately 10,000 square foot area in the south western area of property. Not agricultural land. No sensitive habitats or wetlands, no cultural resources, does not front or contain creek. Not located within the Scenic Highway Overlay, does not contain a scenic resource, not within a Sphere of Influence. Does not border or contain a Riparian Buffer. Not located within the Watershed Protection Overlay Zone. Not near fault lines. No landslide or erosion potential. Mapped as a FEMA X (unshaded) flood zone. Based upon this review of the criteria forming the Common-Sense Exemption Checklist, Staff recommends a Section 15061 (b) (3) CEQA Exemption. ■ Butte County Department of Development Services ■ ■ July 5, 2023 ■ Sierra Living Trust DET20-0001 ■ Page 6 of 7 ■ EXHIBIT A LEGAL LOT DETERMINATION DET20-0001 (Sierra Living Trust) Request for Legal Lot Determination/Conditional Certificate of Compliance APN: 058-680-010 ZONING ADMINISTRATOR DECISION ZDN23-00XX July 5, 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 DET20-0001, subject to the following findings and requirements: A. APN 058-680-010 was created as a remainder from parent deed, 1530-279, and 1675- 608 on 5/71. It is located within the Ben Culet Judgement Area. It was first conveyed 3/74 as 1894-129. B. APN 058-680-010 is consistent with the requirements of the current FR-5 (Foothill Residential 5 - acre minimum) zoning designation. C. As conditioned under the Conditional Certificate of Compliance, the parcel will not be detrimental to the health, safety, and welfare of the surrounding area. D. 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. Submit a site evaluation application and complete site evaluation prior. Approved By: ___________________________________ Curtis Johnson, Zoning Administrator Date: July 5, 2023 ■ Butte County Department of Development Services ■ ■ July 5, 2023 ■ Sierra Living Trust DET20-0001 ■ Page 7 of 7 ■ EXHIBIT B Legal Lot Determination/Conditional Certificate of Compliance on APN 058-680-010 (DET20- 0001): 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(s) of legal description attached as Exhibit "A", and 1 page(s) of conditions attached as Exhibit "B". 2. Submit a site evaluation application and complete site evaluation.