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Home My WebLink AboutDET23-0003 Agenda Report■ Butte County Department of Development Services ■■ August 16, 2023 ■ KELLY DET23-0003 ■ Page 1 of 7■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – August 16, 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 DET23-0001 through a Certificate of Compliance with the findings and condition identified below in Attachments A & B. EXECUTIVE SUMMARY: This application is a request for a Legal Lot Determination for a single parcel, APN: 058-160-069 (15.7± acres). The parcel was created by deed (File No. 1522-552, recorded on June 25, 1968) without access to a county-maintained roadway. The property is zoned FR-40 (Foothill Residential, 40-acre minimum), developed with a temporary residential use, septic system and well, and located at 13151 Jordan Hill Road, approximately 20 miles east of Paradise city limits via Concow Rd./SR-70. SITE CHARACTERISTICS AND SURROUNDING USES: •Assessor’s Parcel 058-160-101 to the north is approximately 36.43± acres in size,undeveloped, and zoned FR-40 (Foothill Residential, 40-acre minimum). •Assessor’s Parcel 058-160-169 to the north and east is approximately 26.03± acres in size, was developed with a residential use prior to the campfire, and is zoned FR-40 (FoothillResidential, 40-acre minimum). •Assessor’s Parcel 058-160-067 to the south is approximately 15.7± acres in size,undeveloped, and zoned FR-40 (Foothill Residential, 40-acre minimum). Applicant: Michael Kelly Location: The parcel is located at 13151 Jordan Hill Road, approximately 20 miles east of Paradise city limits via Concow Rd./SR-70. Owner: Michael Kelly File #: DET23-0003 Supervisor District: 5 (Doug Teeter) Request: Legal Lot Determination/ Certificate of Compliance Project Planner: Austin Forde Assistant Planner G.P. Zoning: Foothill Residential FR-40 (Foothill Residential, 40-acre minimum) Parcel Size: Attachments: 15.7± acres A: DET23-0003 Zoning Administrator Decision B: Certificate of Compliance APN: 058-160-069 ■ Butte County Department of Development Services ■ ■ August 16, 2023 ■ KELLY DET23-0003 ■ Page 2 of 7■ • Assessor’s Parcel 053-280-002 to the west is approximately 80.59± acres in size, undeveloped, and zoned AG-160 (Agriculture, 160-acre minimum). • Surrounding land uses previously included low-density residential uses and currently include primarily vacant land. ANALYSIS: • The subject parcel was created in its current configuration by Joint Tenancy Deed (File No. 1522-552, recorded on June 25, 1968) without access to a publicly maintained roadway. • The current General Plan land use designation for the subject property is “Foothill Residential”. At the time of parcel creation, the property’s land use designation was “Agriculture”. • The current zoning of the subject parcel is FR-40 (Foothill Residential, 40-acre minimum). At the time of parcel creation, the zoning was A-2 (Agriculture, 8,125 square foot minimum). • The 15.7± acre parcel size is inconsistent with the current zoning designation’s minimum parcel area standard (40 acres) but was consistent with the minimum parcel area standard of the A-2 zone (8,125 square feet) at the time of its creation. • The parcel was created in noncompliance with the standards under Ordinance 772. While the parcel’s deed created less than five parcels under 40 acres, and the parcel conformed to official zoning, the parcel had no frontage on a publicly maintained roadway and was created without a 60 foot access easement to such a roadway. • A portion of the subject parcel has been developed with a temporary residential use under BCC Chapter 53, along with a septic system and well. ■ Butte County Department of Development Services ■ ■ August 16, 2023 ■ KELLY DET23-0003 ■ Page 3 of 7■ Assessor’s Parcel Map (Lot 69) ■ Butte County Department of Development Services ■ ■ August 16, 2023 ■ KELLY DET23-0003 ■ Page 4 of 7■ Aerial View/Zoning Map (APN: 058-160-069) ■Butte County Department of Development Services ■■ August 16, 2023 ■ KELLY DET23-0003 ■ 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, noting thatlegal access was established after parcel creation by deed (File No. 1993-019971), andapplying a standard condition related to the payment of recordation fees •Butte County Environmental Health Division provided clearance in their review, noting that a finaled septic system (EHS22-0330) and residential well (EHWS08-0171) arelocated on-site. •Butte County Fire provided clearance in their review without comment. •The Planning Department provided clearance for issuance of the 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 ■■ August 16, 2023 ■ KELLY DET23-0003 ■ Page 6 of 7■ ATTACHMENT A LEGAL LOT DETERMINATION DET23-0003 (Michael Kelly) Request for Legal Lot Determination/Certificate of Compliance APN: 058-160-069 ZONING ADMINISTRATOR DECISION ZDN23-00XX August 16, 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 feespursuant 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 DET23-0003, subject to the following findings andrequirements: A.APN 058-160-069, of 15.7± acres, was created by deed (File No. 1522-552, recordedon June 25, 1968) without access to a county-maintained roadway. B.The parcel was consistent with the requirements of the A-2 zoning designation in effect at the time of its creation. C.The parcel will not be detrimental to the health, safety, and welfare of the surroundingarea. D.The project site is developed with a septic system and well. E.The condition of the Legal Lot Determination/Certificate of Compliance is 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. Theestimated 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". Approved By: ______________________________ Curtis Johnson, Zoning Administrator Date: ■ Butte County Department of Development Services ■■ August 16, 2023 ■ KELLY DET23-0003 ■ Page 7 of 7■ ATTACHMENT B Legal Lot Determination/Certificate of Compliance on APN 058-160-069 (DET23-0003): 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 withoutconditions, $ 21.00 with conditions. This cost estimate is based on 1 pagenotification (first sheet), 1 pages(s) of legal description attached as Exhibit "A",and 1 page(s) of conditions attached as Exhibit "B".