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Home My WebLink AboutDET15-0003 Agenda Report ■ Butte County Department of Development Services ■ ■ October 28, 2015 ■ Burgess DET15-0003 ■ Page 1 of 7 ■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – October 28, 2015 EXECUTIVE SUMMARY: The subject property was created by grant deed on May 11, 1971 (Book 1674, Page 441). The property lies in the North half of the Northwest quarter of Section 17, Township 22 North, Range 4 East, M.D.B.&M. The parcel was created in violation of Ordinance 772 of the Butte County Code due to the parcel’s not having legal two-way traversable access along Jordan Hill Road to the publicly maintained Concow Road as defined in the County Code. 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 to approve the Legal Lot Determination through a certificate of compliance with the findings and conditions identified below in Exhibit A. The owner has an active grading permit application (PWGRD15-0001 and CEQA15-0001) on this parcel. SITE CHARACTERISTICS AND SURROUNDING USES:  The project parcel is 40.68 acres.  The site is undeveloped.  Surrounding zones include Foothill Residential, Timber Mountain, and is surrounded primarily by undeveloped parcels. Applicant: Robert W. MacKenzie Location: The parcel is located approximately 3 miles north west of Concow Road, via Jordan Hill Road. Approximately 1 mile due east of the Town of Paradise. Owner: Matthew Burgess File #: DET15-0003 Supervisor District: 5 Request: Legal Lot Determination/ Conditional Certificate of Compliance Project Planner: Tristan Weems Assistant Planner G.P. Zoning: Foothill Residential FR-40 (Foothill Residential 40- acre minimum) Parcel Size: Exhibits: 40.68 acres A: Recommended Findings and Zoning Administrator Decision B: Conditions of Approval C: Grant Deed/Creation Document D: Plat APN: 058-160-100 ■ Butte County Department of Development Services ■ ■ October 28, 2015 ■ Burgess DET15-0003 ■ Page 2 of 7 ■  The parcel is located approximately 3 miles north west of Concow Road, via Jordan Hill Road. Approximately 1 mile due east of the Town of Paradise. Aerial Photo ANALYSIS:  The subject property was created by deed on May 11, 1971 (Book 1674 Page 441).  Current zoning is FR-40 (Foothill Residential 40-acre minimum). The parcel conforms to the current zoning.  The current General Plan land use designation is Foothill Residential (40-acre minimum parcel size). The size of the parcel is consistent with the current land use designation. AGENCY COMMENTS: The project was reviewed by the Butte County Public Works Department, Environmental Health Division, CalFire/Butte County Fire Department and the Assessor’s Office:  Public Works Department determined that legal access is required.  Butte County Environmental Health Division had no requirements.  Cal-Fire/Butte County Fire had no requirements.  The Butte County Assessor’s office had no comments. 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 ■ Butte County Department of Development Services ■ ■ October 28, 2015 ■ Burgess DET15-0003 ■ Page 3 of 7 ■ 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 ■ ■ October 28, 2015 ■ Burgess DET15-0003 ■ Page 4 of 7 ■ EXHIBIT A LEGAL LOT DETERMINATION DET15-0003 (Matthew Burgess) Request for Legal Lot Determination/Conditional Certificate of Compliance APN: 058-160-100 ZONING ADMINISTRATOR DECISION ZDN15-0011 October 28, 2015 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 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 DET15-0003, subject to the following findings and conditions in Exhibit B: A. The subject parcel was created by Grant Deed (Book 1674, Pg. 441), recorded with the Butte County Recorder’s Office on May 11, 1971. B. The Certificate of Compliance for the parcel will not be detrimental to the health, safety and welfare of the surrounding area. C. Recordation of the Certificate of Compliance is subject to the payment of fees as follows: 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”. Approved By: , Zoning Administrator Date: ■ Butte County Department of Development Services ■ ■ October 28, 2015 ■ Burgess DET15-0003 ■ Page 5 of 7 ■ EXHIBIT B Legal Lot Determination/Conditional Certificate of Compliance on APN 058-160-100 (DET15- 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 $16.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is $19.00. This cost estimate is based on 1 page notification (first sheet) and 1 page of legal description attached as Exhibit “A”. 2. Provide two-way traversable access to the parcel from a publicly maintained road or state highway. ■ Butte County Department of Development Services ■ ■ October 28, 2015 ■ Burgess DET15-0003 ■ Page 6 of 7 ■ EXHIBIT C LEGAL LOT DETERMINATION DET15-0003 (Matthew Burgess) Creation grant deed for parcel: APN: 058-150-100. ■ Butte County Department of Development Services ■ ■ October 28, 2015 ■ Burgess DET15-0003 ■ Page 7 of 7 ■ EXHIBIT D LEGAL LOT DETERMINATION DET15-0003 (Matthew Burgess) APN: 058-150-100 Site Plan