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Home My WebLink AboutDET20-0003 Agenda Report■ Butte County Department of Development Services ■ ■ June 7, 2023 ■ ANGHELUTA DET20-0003 ■ Page 1 of 7■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – June 7, 2023 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 DET20-0003 through a Certificate of Compliance with the findings and conditions identified below in Exhibits A & B. EXECUTIVE SUMMARY: This application is a request for a Legal Lot Determination for a single parcel, APN: 027-230-115 (10.0± acres). The parcel was created by grant deed (File No. 1997-0037084, recorded on October 3, 1997) without access to a county-maintained roadway. The property is zoned AG-20 (Agriculture, 20-acre minimum) and is unaddressed, developed with an agricultural use, and located 0.25 miles south of Cox Lane, approximately 9.1 miles southeast of Oroville city limits via Cox Ln and Palermo-Honcut Highway. SITE CHARACTERISTICS AND SURROUNDING USES: •Assessor’s Parcel 027-230-005 to the north is approximately 20.0± acres in size, undeveloped, and zoned Agriculture (AG-20). •Assessor’s Parcel 027-230-008 to the east is approximately 19.94± acres in size, developed with residential wells, and zoned Agriculture (AG-20). •Assessor’s Parcel 027-230-116 to the south is approximately 10.0± acres in size, developed with a single-family residential use, and zoned Agriculture (AG-80). Applicant: Sergiu & Nicoleta Angheluta Location: The parcel is located 0.25 miles south of Cox Lane, approximately 9.1 miles southeast of Oroville city limits. Owner: Sergiu & Nicoleta Angheluta File #: DET20-0003 Supervisor District: 1 (Bill Connelly) Request: Legal Lot Determination/ Certificate of Compliance Project Planner: Austin Forde Assistant Planner G.P. Zoning: Agriculture (AG) Agriculture (AG-20) Parcel Size: Exhibits: 10.0± acres A: DET20-0003 Zoning Administrator Decision B: Conditional Certificate of Compliance APN: 027-230-115 ■ Butte County Department of Development Services ■ ■ June 7, 2023 ■ ANGHELUTA DET20-0003 ■ Page 2 of 7■ • Assessor’s Parcel 027-230-113 to the west is approximately 10.0± acres in size, developed with a single-family residential use, and zoned Agriculture (AG-20). • Surrounding land uses include low density residential and agricultural uses. ANALYSIS: • Originally, the subject parcel constituted a portion of Lots 1, 2 & 3 in Block 16, and Lots 2 & 3 of Block 17 of the Magnolia Colony (recorded in Book 1 M.O.R. 27 on January 11, 1897). • The subject parcel was created in its current configuration by grant deed (File No. 1997- 0037084, recorded on October 3, 1997) without access to a publicly maintained roadway. • 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-40. • The 10.0± acre parcel size is inconsistent with the current zoning designation’s minimum parcel area standard (20 acres) and was inconsistent with the minimum parcel area standard of the A-40 zone (40 acres) at the time of its creation. • The parcel was created in noncompliance with the standards in place under state law and local ordinance. Post February 9, 1993, no parcel creation was allowed without approval of a Tentative Map application. • The parcel was granted a permit, which recognized the parcel as valid. • A portion of the subject parcel has been developed with an agricultural use, permitted by right under the AG-20 zoning designation. ■ Butte County Department of Development Services ■ ■ June 7, 2023 ■ ANGHELUTA DET20-0003 ■ Page 3 of 7■ Assessor Parcel Map (Lot 115) ■ Butte County Department of Development Services ■ ■ June 7, 2023 ■ ANGHELUTA DET20-0003 ■ Page 4 of 7■ Aerial View/Zoning Map (APN: 027-230-115) ■ Butte County Department of Development Services ■ ■ June 7, 2023 ■ ANGHELUTA DET20-0003 ■ 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, applying a condition for provision of two-way traversable access from a publicly maintained roadway. • Butte County Environmental Health Division provided clearance in their review, noting that tests pits were dug, proving adequate soil for a single-family dwelling. They noted additionally that any future ADU development will require an engineer, and that issued well permit on-site will require a minimum of 1gpm in the summer and 3gpm in the winter. • CAL Fire/Butte County Fire provided clearance in their review, noting that the subject parcel is within the SRA, and a High Fire Hazard Severity Zone. • The Planning Department provided clearance for issuance of 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 ■ ■ June 7, 2023 ■ ANGHELUTA DET20-0003 ■ Page 6 of 7■ EXHIBIT A LEGAL LOT DETERMINATION DET20-0003 (Sergiu & Nicoleta Angheluta) Request for Legal Lot Determination/Certificate of Compliance APN: 027-230-115 ZONING ADMINISTRATOR DECISION ZDN23-00XX May 31, 2023 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 DET20-0003, subject to the following findings and requirements: A. APN 027-230-115, of 10.0± acres, was created by grant deed (File No. 1997-0037084, recorded on October 3, 1997) without two-way traversable access to a publicly maintained roadway. B. The parcel was inconsistent with the requirements of the A-40 zoning designation in effect at the time of its creation. C. The parcel was granted a permit which made it a valid parcel. D. As conditioned under the Certificate of Compliance, the parcel will not be detrimental to the health, safety, and welfare of the surrounding area. E. 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. To the satisfaction of Butte County Public Works provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. Approved By: ______________________________ Curtis Johnson, Zoning Administrator Date: ■ Butte County Department of Development Services ■ ■ June 7, 2023 ■ ANGHELUTA DET20-0003 ■ Page 7 of 7■ EXHIBIT B Legal Lot Determination/Certificate of Compliance on APN 027-230-115 (DET20-0003): 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 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. To the satisfaction of Butte County Public Works provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code.