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Home My WebLink AboutDET16-0008 ZA Report ■ Butte County Department of Development Services ■ ■ March 1, 2017 ■ Winfrey DET16-0008 ■ Page 1 of 7■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – March 1, 2017 EXECUTIVE SUMMARY: This application is a request for a Legal Lot Determination/Certificate of Compliance for APN, 062-270-011 containing 30 acres. The subject parcel was created by deed (Book 1602, Page 149 of official records) on February 10, 1970. 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: Rebecca Winfrey Location: The parcel is located 700 feet north of Raccoon Road, 800 feet east of Rockerfeller Road, approximately ½ mile southeast of Bald Rock Road, 3 miles southeast of Oro Quincy Highway and 9 miles north of the City of Oroville city limits in Berry Creek. Owners: Rebecca & Jeffery Winfrey File #: DET16-0008 Supervisor District: 1 Request: Legal Lot Determination/ Certificate of Compliance Project Planner: Tristan Weems Assistant Planner G.P. Zoning: Timber Mountain TM (Timber Mountain) Parcel Size: Exhibits: 062-270-011 is 30 acres A: Recommended Findings and Zoning Administrator Decision B: Conditions of Approval C: Grant Deed/Creation Document D: Assessor Parcel/Creation/Access Plat APN: 062-270-011 ■ Butte County Department of Development Services ■ ■ March 1, 2017 ■ Winfrey DET16-0008 ■ Page 2 of 7■ SITE CHARACTERISTICS AND SURROUNDING USES:  Parcel 062-270-011 is 30 acres in size.  Surrounding zoning designations are TM (Timber Mountain) and RR-5 (Rural Residential- 5 acre minimum).  The parcel is located 800 feet east of Rockerfeller Road and 700 feet north of Raccoon Road, approximately ½ mile southeast of Bald Rock Road, 3 miles southeast of Oro Quincy Highway in Berry Creek. ANALYSIS:  The subject parcel was created by deed (Book 1602, Page 149 of official records) on February 10, 1970. The parcel was created without 60' of continuous access to a County maintained roadway in violation of the requirements of Butte County Code at that time. The required access was acquired at a later date.  Current zoning is TM (Timber Mountain) the parcel is non-conforming to the zone’s 160-acre minimum. The parcel’s size was consistent with the applicable A-2 (General) zone at the time of its creation.  The current General Plan land use designation is Timber Mountain. 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 Certificates of Compliance to pay recording fees.  The Butte County Assessor’s office had no comments.  Cal-Fire 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 ■ ■ March 1, 2017 ■ Winfrey DET16-0008 ■ Page 3 of 7■ EXHIBIT A LEGAL LOT DETERMINATION DET16-0008 (Rebecca Winfrey) Request for Legal Lot Determination/Certificate of Compliance APN: 062-270-011 ZONING ADMINISTRATOR DECISION ZDN17-XXXX February 15, 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 DET16-0008, subject to the following findings and requirements: A. The subject parcel was created by deed (Book 1602, Page 149 of official records) on February 10, 1970. 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”. Approved By: , Zoning Administrator Date: ■ Butte County Department of Development Services ■ ■ March 1, 2017 ■ Winfrey DET16-0008 ■ Page 4 of 7■ EXHIBIT B Legal Lot Determination/Certificate of Compliance on APN 062-270-011 (DET16-0008): 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”. ■ Butte County Department of Development Services ■ ■ March 1, 2017 ■ Winfrey DET16-0008 ■ Page 5 of 7■ EXHIBIT C LEGAL LOT DETERMINATION DET16-0008 (Rebecca Winfrey) Creation deed for parcels: APN: 062-270-011 ■ Butte County Department of Development Services ■ ■ March 1, 2017 ■ Winfrey DET16-0008 ■ Page 6 of 7■ ■ Butte County Department of Development Services ■ ■ March 1, 2017 ■ Winfrey DET16-0008 ■ Page 7 of 7■ EXHIBIT D: Assessor Parcel/Access/Creation Plat