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Home My WebLink AboutDET16-0004_ZA_Report ■ Butte County Department of Development Services ■ ■ October 5, 2016 ■ Hall DET16-0004 ■ Page 1 of 8 ■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – October 5, 2016 Applicant: William W. Hall Location: The parcel is located at 80 Hobble Bush Lane, 400 feet west from Go Street, and 800 feet south from Los Verjeles Road, in the community of Bangor. Owner: William W. & Linda K. Hall File #: DET16-0004 Supervisor District: 1 Request: Legal Lot Determination/ Certificate of Compliance Project Planner: Rowland Hickel, Senior Planner G.P. Zoning: FR (Foothill Residential) FR-5 (Foothill Residential, 5 Acre) Parcel Size: Exhibits: A: B: 4.83± acres Recommended Findings and Zoning Administrator Decision Conditions of Approval Old Zoning: A-3 (Agricultural, 3 Acre) C: Creation Document D: Site Map APN: 028-330-034 E: Butte County Zone District Map EXECUTIVE SUMMARY: The subject parcel was created by grant deed on May 21, 1969 (Book 1567, Page 533). 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 (Ord. No. 772) and the state Subdivision Map Act. The parcel is located within a Ben Culet Judgment Area. 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. SITE CHARACTERISTICS AND SURROUNDING USES: • The project parcel is 4.83± acres. • The site was previous developed with a single-family residence, which has since been demolished. An existing well and wastewater disposal system are located on the property. • The project site is surrounded by residential uses and vacant parcels situated in the FR-5 (Foothill Residential, 5 acre minimum) zone. ■ Butte County Department of Development Services ■ ■ October 5, 2016 ■ Hall DET16-0004 ■ Page 2 of 8 ■ • Access to the property is provided by Hobble Bush Lane and Go Street, which are both 60- foot privately-maintained roads. Go Street is accessed off Los Verjeles Road, a County- maintained road. Aerial Photo ANALYSIS: At the time of the subject parcel’s creation, the Subdivision Map Act and Butte County Ordinance (Ord. 772) required certain provisions to be met, if the parcel was to be created by a deed. These provisions include: (1) The total number of parcels created from the parent parcel, by the same property owner, is less than five, and that each parcel is less than 40 acres in size; (2) The parcel must front on a publicly maintained roadway or have a 60-foot access easement to a publicly maintained roadway; (3) The minimum parcel size conforms to the official zoning of the parcel, or in the case where no official zone district has been adopted; the minimum parcel size shall be 8,125 sq. ft., with a 65-foot wide frontage and a minimum parcel length of 125 feet; (4) The parcel meets Health and Sanitation requirements. The subject parcel conforms the requirements of the Map Act, Subdivision and Zoning Ordinances in place at the time of its creation as follows: • The subject parcel was created by deed on May 21, 1969 (Book 1567, Page 533). The parcel is located in the Ben Culet judgement area. • The parcel has a 331.97-foot road frontage, and is 632.79 feet in length. ■ Butte County Department of Development Services ■ ■ October 5, 2016 ■ Hall DET16-0004 ■ Page 3 of 8 ■ • The parcel conforms to the 5-acre minimum parcel size requirement in the A-3 zone (Ord. 937) at the time of creation. The parcel is approximately 4.83 acres in size; however, it is an aliquot part of an irregular section (Section 34 of Township 18N, Range 5E, M.D.B.M.). • The parcel has access to 60-foot private road easements that connect to Los Verjeles Road, a public-maintained roadway. • The Butte County Environmental Health has approved the use of the existing on-site domestic well and on-site wastewater disposal system. 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 the parcel was legally created by deed, and that a condition be included for the owners to provide two-way traversable access to the parcel from a publicly-maintained road or state highway as defined in the County Code. • Butte County Environmental Health Division noted that the existing well and septic system were installed under an approved permit. • Cal-Fire/Butte County Fire had no comments. • 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 5, 2016 ■ Hall DET16-0004 ■ Page 4 of 8 ■ EXHIBIT A LEGAL LOT DETERMINATION DET16-0004 (William W. Hall) Request for Legal Lot Determination/Certificate of Compliance APN: 028-330-034 ZONING ADMINISTRATOR DECISION ZDN16-XXXX October 5, 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 DET16-0004, subject to the following findings and requirements: A. The subject parcel was created by Grant Deed (Book 1567, Page 533), recorded with the Butte County Recorder’s Office on May 21, 1969. 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 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. Provide two-way traversable access to the parcel from a publicly maintained road or state highway, as defined in the County Code. Approved By: , Zoning Administrator Date: ■ Butte County Department of Development Services ■ ■ October 5, 2016 ■ Hall DET16-0004 ■ Page 5 of 8 ■ EXHIBIT B Legal Lot Determination/Certificate of Compliance on APN 028-330-034 (DET16-0004): I. CONDITIONS OF APPROVAL: 1. Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is $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, as defined in the County Code. ■ Butte County Department of Development Services ■ ■ October 5, 2016 ■ Hall DET16-0004 ■ Page 6 of 8 ■ EXHIBIT C LEGAL LOT DETERMINATION DET16-0004 (William W. Hall) Creation grant deed for parcel: APN: 028-330-034. ■ Butte County Department of Development Services ■ ■ October 5, 2016 ■ Hall DET16-0004 ■ Page 7 of 8 ■ EXHIBIT D LEGAL LOT DETERMINATION DET16-0004 (William W. Hall) APN: 028-330-034 Site Plan ■ Butte County Department of Development Services ■ ■ October 5, 2016 ■ Hall DET16-0004 ■ Page 8 of 8 ■ EXHIBIT E LEGAL LOT DETERMINATION DET16-0004 (William W. Hall) Butte County Zone District Map