The URL can be used to link to this page

Home My WebLink AboutDET16-0007 ZA Report Final ■ Butte County Department of Development Services ■ ■ February 1, 2017 ■ Contreras DET16-0007 ■ Page 1 of 10■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – February 1, 2017 EXECUTIVE SUMMARY: This application is a request for a Legal Lot Determination/Conditional Certificate of Compliance for two parcels, one APN, 005-465-001 containing 0.30 acres. The subject parcels were created by deed: Book 166, Page 333, August 1916 and Book 106, Page 117, January 1908, respectively. 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 Conditional Certificate of Compliance with the findings and conditions identified below in Exhibit A. Applicant: Robert M. Contreras Location: The parcel is located at 2105 Mulberry Street at the corner of E 21st and Mulberry Streets in the Chapman Mulberry Neighborhood surrounded by the City of Chico City limits. Owners: Robert M. and Diane M. Contreras File #: DET16-0007 Supervisor District: 4 Request: Legal Lot Determination/ Conditional Certificate of Compliance Project Planner: Tristan Weems Assistant Planner G.P. Zoning: Medium Density Residential MDR – CM (Medium Density Residential - Chapman Mulberry overlay) Parcel Size: Exhibits: 005-465-001 is 0.30 acres A: Recommended Findings and Zoning Administrator Decision B: Conditions of Approval C: Grant Deed/Creation Document D: Assessor Parcel/ Required Access Map E: Parcel/Required Access Map APN: 005-465-001 ■ Butte County Department of Development Services ■ ■ February 1, 2017 ■ Contreras DET16-0007 ■ Page 2 of 10■ SITE CHARACTERISTICS AND SURROUNDING USES: • Parcel 005-465-001 is 0.30 acres in size. • Surrounding land uses are primarily Medium Density Residential subject parcels are also adjacent to City of Chico parcels (north, west, and south). • The parcel is located at 2105 Mulberry Street at the corner of E 21st and Mulberry Streets in the Chapman Mulberry Neighborhood surrounded on three sides by the City of Chico City limits. ANALYSIS: • The subject parcels were created by deed: Book 166, Page 333, August 1916 and Book 106, Page 117, January 1908, respectively. • Current zoning is MDR – CM (Medium Density Residential - Chapman Mulberry overlay). The recognized parcels are approximately 6,534 square feet in size and 50 feet wide, and conform to the Zone’s parcel minimum (6,000 square feet) and minimum parcel width (50 feet). • The current General Plan land use designation is Medium Density Residential. • Pursuant to the August 7, 2014 Sewer Service Extension and Annexation Agreement between the City of Chico and Butte Local Agency Formation Commission (LAFCo), Only developed parcels utilizing on-site sewage disposal systems (septic systems) prior to the date the Agreement are eligible for municipal sewer connection via a LAFCo out-of-agency extension of services. AGENCY COMMENTS: The project was reviewed by the Butte County Public Works Department, Environmental Health Division and the Assessor’s Office: • Public Works Department recommended a standard condition required of all Conditional Certificates of Compliance to pay recording fees. • Butte County Environmental Health Division responded that the applicant's authorized agent was notified that this is in the Chico Urban Area Nitrate Compliance Area, and sewer is installed adjacent to this parcel, and so the subsequent parcels after the split will both be required to connect to sewer in the future. The lot with the existing home will be required to connect at such time as a failure of that existing onsite system or any additions to the residential structure. The currently vacant lot will be required to abandon the existing septic tank, annex to the City of Chico, and connect to sewer as a condition of development (see Condition No. 2). • The Butte County Assessor’s office had no comments. • Cal-Fire had no comments. • The City of Chico 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) ■ Butte County Department of Development Services ■ ■ February 1, 2017 ■ Contreras DET16-0007 ■ Page 3 of 10■ 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 ■ ■ February 1, 2017 ■ Contreras DET16-0007 ■ Page 4 of 10■ EXHIBIT A LEGAL LOT DETERMINATION DET16-0007 (Robert and Diane Contreras) Request for Legal Lot Determination/Conditional Certificate of Compliance APN: 005-465-001 ZONING ADMINISTRATOR DECISION ZDN17-0002 February 1, 2017 I. Find this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under 14 CCR Section 15305 (Minor Alterations in Land Use Limitations). 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. 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 DET16-0007, subject to the following findings and requirements: A. Parcels created by deed: Book 166, Page 333, August 1916 and Book 106, Page 117, January 1908, respectively. B. The Conditional 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: “The lot with the existing home will be required to connect to sewer at such time as a failure of that existing onsite system or any additions to the residential structure. The lot which is currently vacant will be required to annex to the City of Chico, abandon the existing septic tank and connect to sewer as a condition of development.” Approved By: , Zoning Administrator Date: ■ Butte County Department of Development Services ■ ■ February 1, 2017 ■ Contreras DET16-0007 ■ Page 5 of 10■ EXHIBIT B Legal Lot Determination/Conditional Certificate of Compliance on APN 005-465-001 (DET16- 0007): 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: “The lot with the existing home will be required to connect to sewer at such time as a failure of that existing onsite system or any additions to the residential structure. The lot which is currently vacant will be required to annex to the City of Chico, abandon the existing septic tank and connect to sewer as a condition of development.” ■ Butte County Department of Development Services ■ ■ February 1, 2017 ■ Contreras DET16-0007 ■ Page 6 of 10■ EXHIBIT C LEGAL LOT DETERMINATION DET16-0007 (Robert and Diane Contreras) Creation deed for parcels: APN: 005-465-001 ■ Butte County Department of Development Services ■ ■ February 1, 2017 ■ Contreras DET16-0007 ■ Page 7 of 10■ ■ Butte County Department of Development Services ■ ■ February 1, 2017 ■ Contreras DET16-0007 ■ Page 8 of 10■ ■ Butte County Department of Development Services ■ ■ February 1, 2017 ■ Contreras DET16-0007 ■ Page 9 of 10■ EXHIBIT E: Assessor Parcel/Creation Plat ■ Butte County Department of Development Services ■ ■ February 1, 2017 ■ Contreras DET16-0007 ■ Page 10 of 10■ Site Plan