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Home My WebLink AboutDET14-0048_ZA Agenda Report Packet_080614_Final ■ Butte County Department of Development Services ■ ■ August 6, 2014 ■ Claudia W. Steel DET14-0048 ■ Page 1 of 6 ■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – August 6, 2014 EXECUTIVE SUMMARY: The subject parcel was created by Grant Deed (Book 967 O.R. Page 100) recorded with the Butte County Recorder’s Office on November 6, 1958. The subject parcel is a remnant parcel created when Grant Deed Book 967, Page 100 conveyed the Easterly half of the parent parcel (APN: 047- 150-050). At the time of creation, the Subdivision Map Act (SMA) and Butte County Ordinance 557 required that divisions of land by deed could only create less than five parcels resulting in parcels of less than 40 acres each, have frontage on a publicly maintained roadway, and that have a minimum parcel size that conforms to the official Zoning, to be considered a legal land division. The subject land division resulted in the creation of only two parcels, both of which fronted onto Wilson Landing Road, a County-maintained roadway. At the time of creation, the parcel was zoned A-2, which required a minimum parcel size of 8,125 square feet. Therefore, the parcels are recognized as having been created in conformance with the requirements of the SMA and Ordinance 557. Staff recommends the Zoning Administrator find the proposed project to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines (Class 5 Exemption) and to approve the Legal Lot Determination, subject to the findings in Exhibit A. SITE CHARACTERISTICS AND SURROUNDING USES: Applicant: Bill Chance Location: The parcel is located at 5011 Wilson Landing Road, approximately 1.5 miles west of Hwy 99, and 2 miles northwest of the City of Chico city limits. Owner: Claudia W. Steel File #: DET14-0048 Supervisor District: 2 Request: Legal Lot Determination/ Certificate of Compliance Project Planner: Tristan Weems Assistant Planner G.P. AG – Agriculture (current) Parcel Size: Exhibits: A: B: C: 3.39 acres Recommended Findings and Zoning Administrator Decision Grant Deed / Creation Document Site Plan Zoning: AG-80 – Agriculture 80 acre minimum (current) APN: 047-150-049 ■ Butte County Department of Development Services ■ ■ August 6, 2014 ■ Claudia W. Steel DET14-0048 ■ Page 2 of 6 ■  The project consists of one parcel, APN 047-150-049 totaling 3.39 acres.  The subject parcel fronts, and has approved access to, Wilson Landing Road, a County- maintained roadway.  APN 047-150-049 is vacant and has no existing structures. The property is currently being used for agricultural purposes.  The subject parcel would be served by an on-site domestic well and on-site sewage disposal system. No public sewer or public water systems serve the project site.  The parcel is located approximately 1.5 miles west of Highway 99 and has direct access off Wilson Landing Road, a public-access roadway.  The subject parcel is not encumbered by a Land Conservation Act contract.  Agriculture uses situated in the Agriculture (AG) zone surround the parcel with LCA (Land Conservation Act i.e. Williamson Act) land holdings to the direct north, northeast and east. Aerial Photo ANALYSIS:  The subject parcel was created as a remnant or remainder parcel by Grant Deed (Book 967, Pg. 100), recorded with the Butte County Recorder’s Office on November 6, 1958. ■ Butte County Department of Development Services ■ ■ August 6, 2014 ■ Claudia W. Steel DET14-0048 ■ Page 3 of 6 ■  The subject parcel was created in conformance with the Subdivision Map Act and Land Ordinance 557. At the time of creation, the Subdivision Map Act (SMA) and Butte County Ordinance 557 required that divisions of land by deed could only create less than five parcels resulting in parcels less than 40 acres each, have frontage on a publicly maintained roadway, and that have a minimum parcel size that conforms to the official Zoning, to be considered a legal land division. The subject land division resulted in the creation of only two parcels, both of which fronted onto Wilson Landing Road, a County-maintained roadway. At the time of creation, the parcel was zone A-2, which required a minimum parcel size of 8,125 square feet. Therefore, the parcels are recognized as having been created in conformance with the requirements of the SMA and Ordinance 557.  Future development of the subject parcel is not guaranteed. On-site wastewater disposal suitability would be determined prior to development of the subject parcels. AGENCY COMMENTS: The project was reviewed by the Butte County Public Works Department, Butte County Environmental Health Division, Butte County Fire Department/CalFire, and the Butte County Assessor.  Public Works Department has verified that the subject parcel was created as a remainder from parent deed, 902-139, by deed 967-100 on 11/19/58.  Butte County Environmental Health Division commented that the parcels (subject parcel and APN: 047-150-050 – adjacent parcel to the east) have not been evaluated to verify availability of adequate quantities of domestic water, or suitability for onsite wastewater treatment and dispersal. No residential development shall be permitted on the parcel until: 1) Satisfactory documentation of availability of adequate quantities of potable water is provided to Environmental Health. 2) Public sewer is available, or satisfactory documentation of compliance with the requirements of Chapter 19 of the Butte County Code and related Wastewater Manual is provided to Environmental Health. 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. Because the proposed project is for the purposes of determining whether a particular lot was created, or not created, in conformance with the Subdivision Map Act and local ordinances, action on this application would not cause changes to land use or density of the subject parcels, which is consistent with this exemption. ■ Butte County Department of Development Services ■ ■ August 6, 2014 ■ Claudia W. Steel DET14-0048 ■ Page 4 of 6 ■ EXHIBIT A LEGAL LOT DETERMINATION DET14-0048 (Claudia W. Steel) Request for Legal Lot Determination/Certificate of Compliance APNs: 047-150-049 ZONING ADMINISTRATOR DECISION ZDN14-00__ August 6, 2014 I. Find this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under 14 CCR Section 15305. Section 15305 exempts projects that do not result in any changes to land use or density. A. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and Game 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 DET14-0048, subject to the following findings and requirements: A. The subject parcel was created by Grant Deed (Book 967, Pg. 100), recorded with the Butte County Recorder’s Office on November 6, 1958. B. The subject parcel was legally created by deed prior to June 27, 1963. It met the requirements under the SMA and Land Ordinance 557 in part because only two total parcels were created by the deed, the subject parcels fronted a publically maintained road, and met with the minimum 8,125 square foot parcel size. C. The Certificate of Compliance for the parcel will not be detrimental to the health, safety and welfare of the surrounding area. D. Recordation of the Certificate of Compliance is subject to the following: 1. Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is $16.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is $19.00 without conditions, $22.00 with conditions. This cost estimate is based on 1 page notification (first sheet), 1 page of legal description attached as Exhibit “A”, and 1 page of conditions attached as Exhibit “B”. 2. Record the following informational note on the Certificate of Compliance: “Prior to development, verify that the subject parcel meets Minimum Useable Wastewater Area standards in accordance with Chapter 19 of the Butte County Code. A Site Evaluation must be performed on the parcel to make this determination.” Approved By: _______________, Zoning Administrator Date: ______________ ■ Butte County Department of Development Services ■ ■ August 6, 2014 ■ Claudia W. Steel DET14-0048 ■ Page 5 of 6 ■ EXHIBIT B Grant Deed / Creation Document ■ Butte County Department of Development Services ■ ■ August 6, 2014 ■ Claudia W. Steel DET14-0048 ■ Page 6 of 6 ■ EXHIBIT C Site Plan