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Home My WebLink AboutDET24-0002 Agenda Report ■ Butte County Department of Development Services ■ ■ September 25, 2024 ■ RUNGE DET24-0002 ■ Page 1 of 7■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – September 25, 2024 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 DET24-0002 through a Certificate of Compliance with the findings and condition identified below in Exhibits A & B. EXECUTIVE SUMMARY: This application is a request for a Legal Lot Determination on a single parcel with two APNs (069-520-054 (30.39± acres) and 069-520-056 (1.25± acres). The parcel was created as a remainder by Subdivision Map (Book 169, Pages 17-25). The property is zoned MDR (Medium Density Residential), and remains undeveloped. It is located west of The Ridge and Village Oaks subdivisions in Oroville CA, south of Olive Hwy and north of Adriatic Rd. The property is approximately 1.8 miles east of Oroville’s city limits. SITE CHARACTERISTICS AND SURROUNDING USES: • Assessor’s Parcel 069-520-054 is approximately 30.39± acres in size, undeveloped, and zoned MDR (Medium Density Residential). • Assessor’s Parcel 069-520-056 is approximately 1.25± acres in size, undeveloped, and zoned MDR (Medium Density Residential). Applicant: Henry T. Runge Jr Location: The parcel is located west of The Ridge and Village Oaks subdivisions in Oroville, CA. The parcel is south of Olive Hwy and north of Adriatic Rd. Owner: Runge Living Trust File #: DET24-0002 Supervisor District: 1 (Bill Connelly) Request: Legal Lot Determination/ Certificate of Compliance Project Planner: Tristan White Assistant Planner G.P. Zoning: Medium Density Residential Medium Density Residential (MDR) Parcel Size: Exhibits: 30.39 acres & 1.25 acres A: DET24-0002 Zoning Administrator Decision B: Conditions of Approval APN: 069-520-054 & 069-520-056 ■ Butte County Department of Development Services ■ ■ September 25, 2024 ■ RUNGE DET24-0002 ■ Page 2 of 7■ • Surrounding land uses previously included low-density residential uses and currently include primarily vacant land. • Surrounding land uses include l medium density residential, as well as vacant land and a Planned Development for further medium density residential land-use. ANALYSIS: • The subject parcel was created in its current configuration as a remainder parcel by Subdivision Map (Book 169, Pages 17-25 on October 5, 2006). • The current owner (applicant) acquired the property in 2013. • The current General Plan land use designation for the subject property is “Medium Density Residential”. The property’s land use designation was previously Planned Development” since June 30, 1981. • The current zoning of the subject parcel is MDR (Medium Density Residential). At the time of parcel creation, the zoning was PA-C (Planned Area-Cluster), which is now identified as PUD (Planned Unit Development). • The 31.64± acre parcel size is consistent with the current zoning designation’s minimum parcel area standard (6,000sqft). • The site is within the City of Oroville Sphere of Influence, South Feather Water and Power Agency District, and the Lake Oroville Public Utility District. • This project is located within the State Responsibility Area (SRA) and a High Fire Hazard Severity Zone. • The parcel was created in compliance with the standards under Ordinance 2230. ■ Butte County Department of Development Services ■ ■ September 25, 2024 ■ RUNGE DET24-0002 ■ Page 3 of 7■ Assessor’s Parcel Map (Lot 54 & 56) ■ Butte County Department of Development Services ■ ■ September 25, 2024 ■ RUNGE DET24-0002 ■ Page 4 of 7■ Aerial View/Zoning Map (069-520-054 & 069-520-056) ■ Butte County Department of Development Services ■ ■ September 25, 2024 ■ RUNGE DET24-0002 ■ 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 in their review that the parcel did have legal access at the time of creation. • Butte County Fire provided clearance in their review, noting that the parcel is within the State Responsibility Area and High Fire Hazard Severity Zone. CAL FIRE Butte County is the Fire Department having jurisdiction. • 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 ■ ■ September 25, 2024 ■ RUNGE DET24-0002 ■ Page 6 of 7■ EXHIBIT A LEGAL LOT DETERMINATION DET24-0002 (Henry T. Runge Jr) Request for Legal Lot Determination/Certificate of Compliance APN: 069-520-054 & 069-520-056 ZONING ADMINISTRATOR DECISION ZDN24-00XX September 25, 2024 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 DET24-0002, subject to the following findings and requirements: A. APN 069-520-053 & 069-520-056, were created as one parcel of 31.64 acres by subdivision (Book 169, Page 17 in July, 2006 without access to a publicly-maintained roadway. B. The parcel was zoned PUD (Ordinance 2230) at the time of creation. C. The parcel was consistent with the requirements of the PA-C (Planned Area-Cluster) zoning designation in effect at the time of its creation. D. As conditions under the Certificate of Compliance, the parcel will not be detrimental to the health, safety, and welfare of the surrounding area. 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. 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". Approved By: ______________________________ Curtis Johnson, Zoning Administrator Date: ■ Butte County Department of Development Services ■ ■ September 25, 2024 ■ RUNGE DET24-0002 ■ Page 7 of 7■ EXHIBIT B Legal Lot Determination/Certificate of Compliance on APNs 069-520-054 & 069-520-056 (DET24-0002): 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".