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Home My WebLink AboutDET24-0004 Agenda Report ■ Butte County Department of Development Services ■ ■ January 22, 2025 ■ BECK DET24-0004 ■ Page 1 of 6■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – January 22, 2025 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 DET24-0004 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 on a single parcel APN (028-320-228) (40± acres). Parcel created (40ac) by deed 2113-35 on October 20, 1976. The property is zoned AG-40 (Agricultural 40 acre minimum), and is presently vacant. The property is approximately 8 1/3 miles east of Oroville’s city limits. SITE CHARACTERISTICS AND SURROUNDING USES: • Assessor’s Parcel 028-320-228 is approximately 40± acres in size, undeveloped and zoned AG-40 (Agricultural 40 acre minimum). • Surrounding land uses include low-density residential uses zoned AG-40 (parcel sizes ranging from 5 to 80 acres). Applicant: Dusty L. Beck Location: Approximately 8 1/3 miles east of the City of Oroville city limits off Stoney Oaks Loop in the community of Bangor. Owner: Dusty L. Beck File #: DET24-0004 Supervisor District: 1 (Bill Connelly) Request: Legal Lot Determination/ Conditional Certificate of Compliance Project Planner: Tristan Weems, AICP Senior Planner G.P. Zoning: Agricultural Agricultural 40 acre minimum (AG-40) Parcel Size: Exhibits: 40 acres A: DET24-0004 Zoning Administrator Decision B: Conditions of Approval APN: 028-320-228 ■ Butte County Department of Development Services ■ ■ January 22, 2025 ■ BECK DET24-0004 ■ Page 2 of 6■ ANALYSIS: • During a Public Works creation review of a small well permit (EHWS24-0072) it was identified that the parcel required a Legal Lot Determination due to incomplete access from Stoney Oaks Loop. • The current owners (applicant) acquired the property on October 31, 2023. • The current General Plan land use designation for the subject property is “Agricultural”. • The current zoning of the subject parcel is AG-40 (Agricultural 40 acre minimum). • The 40± acre parcel size is consistent with the current zoning designation’s minimum parcel area standard (40 acres). • This project is located within the State Responsibility Area (SRA) and a Very High Fire Hazard Severity Zone. • The parcel was created in its current configuration by deed 2113-35 on October 20, 1976. • Based on research into the parcel’s prior zoning, the parcel was zoned Mountain or Recreation Subdivision-Residential (M-R) with a minimum parcel size of ½ acre (21,780 square feet) and was thus created in compliance with the standards under Ordinance 1058 which took effect December 9th, 1969. 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 not 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 conditional certificate of compliance. • Butte County Environmental Health noted that water quality/quantity along with a site evaluation will be required. 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 ■ ■ January 22, 2025 ■ BECK DET24-0004 ■ Page 3 of 6■ Assessor’s Parcel Map (Lot 228) ■ Butte County Department of Development Services ■ ■ January 22, 2025 ■ BECK DET24-0004 ■ Page 4 of 6■ EXHIBIT A LEGAL LOT DETERMINATION DET24-0004 (Dusty L. Beck) Request for Legal Lot Determination/Certificate of Compliance APN: 028-320-228 ZONING ADMINISTRATOR DECISION ZDN25-00XX January 22, 2025 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 DET24-0004, subject to the following findings and requirements: A. APN 028-320-228, was created as a 40-acre parcel by deed 2113-35 on October 20, 1976 without access to a publicly-maintained roadway. B. The parcel was zoned M-R (Ordinance 1058) at the time of creation. C. The parcel was consistent with the requirements of the M-R (Mountain or Recreation Subdivision-Residential) zoning designation in effect at the time of its creation. D. The parcel meets the current zoning minimum of the Agriculture (AG-40) zone. E. As conditions under the 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. Contact the Butte County Environmental Health Division and complete a Site evaluation to determine field requirements. 3. Contact the Butte County Environmental Health Division and provide proof of water for quality and quantity. ■ Butte County Department of Development Services ■ ■ January 22, 2025 ■ BECK DET24-0004 ■ Page 5 of 6■ 4. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 5. Provide approved access to the parcel from a publicly maintained road or state highway in accordance with County Code. Minimum easement width to be 60 feet. Approved By: ______________________________ Curtis Johnson, Zoning Administrator Date: _____________________________________ ■ Butte County Department of Development Services ■ ■ January 22, 2025 ■ BECK DET24-0004 ■ Page 6 of 6■ EXHIBIT B Legal Lot Determination/Conditional Certificate of Compliance on APN 028-320-228 (DET24-0004): 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. Contact the Butte County Environmental Health Division and complete a Site evaluation to determine field requirements. 3. Contact the Butte County Environmental Health Division and provide proof of water for quality and quantity. 4. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 5. Provide approved access to the parcel from a publicly maintained road or state highway in accordance with County Code. Minimum easement width to be 60 feet.