The URL can be used to link to this page

Home My WebLink AboutDET16-0003 Agenda Report ■ Butte County Department of Development Services ■ ■ October 12, 2016 ■ Runge DET16-0003 ■ Page 1 of 9■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – October 12, 2016 EXECUTIVE SUMMARY: This application is a request for a Legal Lot Determination/Conditional Certificate of Compliance for one parcel, APN 079-240-055 containing approximately 5.14 acres. The subject parcel was created by grant deed on June 3, 1970, 1616-512. The subject property was created at the same time as several parcels (more than four), by the same individual, contrary to the requirements of the Butte County Subdivision Ordinance and the state Subdivision Map Act. The parcel is located within the Culet-Drescher Tract Judgment Area. The property is zoned LDR (Low Density Residential, 13,500 square foot minimum). 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. Applicant: Henry T. Runge Jr, Trustee Location: The parcel is located at the northwest corner of Pinecrest Road and Self Lane 1,500 feet south of Lower Wyandotte Road, east of Ophir Road, approximately two miles east of the Oroville City Limits. Owner: Runge Living Trust File #: DET16-0003 Supervisor District: 1 Request: Legal Lot Determination/ Conditional Certificate of Compliance Project Planner: Tristan Weems Assistant Planner G.P. Zoning: Low Density Residential Low Density Residential (LDR) Parcel Sizes: Exhibits: 079-240-055 is 5.14 acres A: Recommended Findings and Zoning Administrator Decision B: Conditions of Approval C: Grant Deed/Creation Document D: Plat APN: 079-240-055 ■ Butte County Department of Development Services ■ ■ October 12, 2016 ■ Runge DET16-0003 ■ Page 2 of 9■ SITE CHARACTERISTICS AND SURROUNDING USES: • Parcel 079-240-055 is approximately 5.14 acres in size. • Surrounding land uses are primarily rural residential uses and vacant lands. • The parcel is surrounded by lands in the LDR zone to the east, west, north and lands in the RR-5 (Rural Residential 5 acre minimum) zone to the south. • The parcel is located at the northwest corner of Pinecrest Road and Self Lane 1,500 feet south of Lower Wyandotte Road, east of Ophir Road, approximately two miles east of the Oroville City Limits. • The parcel does not have an address and is currently vacant with a proposed use of a home site with livestock. ■ Butte County Department of Development Services ■ ■ October 12, 2016 ■ Runge DET16-0003 ■ Page 3 of 9■ Aerial Photo ■ Butte County Department of Development Services ■ ■ October 12, 2016 ■ Runge DET16-0003 ■ Page 4 of 9■ ANALYSIS: • The parcel was created by deed on June 3, 1970, 1616-512. Culet-Drescher Tract Judgment Area. • Current zoning is LDR (Low Density Residential, 13,500 square foot minimums). The parcel conforms to the minimum parcel size of the zoning district. • The current General Plan land use designation is Low Density Residential (13,500 square foot minimum parcel size). The size of the parcel is consistent with the current land use designation. • The parcel has approved legal access to Lower Wyandotte Road 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 no conditions are required. • Butte County Environmental Health Division stipulated that “Prior to development for a project that will generate wastewater, verify that the parcel, meets Minimum Useable Wastewater Area standards in accordance with Chapter 19 of the Butte County Code. A Site Evaluation must be performed to make this determination.” • 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 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 12, 2016 ■ Runge DET16-0003 ■ Page 5 of 9■ EXHIBIT A LEGAL LOT DETERMINATION DET16-0003 (Henry T. Runge Jr. Trustee) Request for Legal Lot Determination/Conditional Certificate of Compliance APN: 079-240-055 ZONING ADMINISTRATOR DECISION ZDN16-0021 October 12, 2016 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 DET16-0003, subject to the following findings and requirements: A. Parcel created by deed June 3, 1970 and has approved access to County maintained Lower Wyandotte Road. B. The Certificate of Compliance for the parcel will not be detrimental to the health, safety, and welfare of the surrounding area. C. The conditions of the Legal Lot Determination are 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”. 2. Record the following informational note on each Certificate of Compliance: “Prior to development for a project that will generate wastewater, verify that the parcel, meets Minimum Useable Wastewater Area standards in accordance with Chapter 19 of the Butte County Code. A Site Evaluation must be performed to make this determination.” Approved By: , Zoning Administrator Date: ■ Butte County Department of Development Services ■ ■ October 12, 2016 ■ Runge DET16-0003 ■ Page 6 of 9■ EXHIBIT B Legal Lot Determination/Conditional Certificate of Compliance on APN 079-240-055 (DET16- 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 without conditions, $22.00 with conditions. This cost estimate is based on 1 page notification (first sheet) and 1 page(s) of legal description attached as Exhibit “A”, and 1 page(s) of conditions attached as Exhibit “B”. 2. Record the following informational note on each Certificate of Compliance: “Prior to development for a project that will generate wastewater, verify that the parcel, meets Minimum Useable Wastewater Area standards in accordance with Chapter 19 of the Butte County Code. A Site Evaluation must be performed to make this determination.” ■ Butte County Department of Development Services ■ ■ October 12, 2016 ■ Runge DET16-0003 ■ Page 7 of 9■ EXHIBIT C LEGAL LOT DETERMINATION DET16-0003 (Henry T. Runge) Creation deed for parcels: APN: 079-240-055 ■ Butte County Department of Development Services ■ ■ October 12, 2016 ■ Runge DET16-0003 ■ Page 8 of 9■ ■ Butte County Department of Development Services ■ ■ October 12, 2016 ■ Runge DET16-0003 ■ Page 9 of 9■ EXHIBIT D