HomeMy WebLinkAboutDET17-0004 Appeal Memo_Final Department of Development Services Tim Snellings, Director
Pete Calarco, Assistant Director
7 County Center Drive T: 530.538.7601
Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds
MEMORANDUM
DATE: July 27, 2017
TO: Butte County Planning Commission
FROM: Tristan Weems, Assistant Planner
RE: Legal Lot Determination DET17-0004 (Marc Miller) – Appeal of Condition 3 of Zoning
Administrator Decision ZDN17-0014.
EXECUTIVE SUMMARY
On June 21, 2017, the Zoning Administrator approved a request for a Legal Lot
Determination/Conditional Certificate of Compliance for one parcel, APNs 063-040-022 and 063-040-039, containing a total of approximately 160.0 acres. APNs 063-040-022 & 039 were created as one parcel by US Patent in 2000 (doc #2000-0013686) without the required 60' access to a county
maintained roadway. A 40’ wide access was obtained in 2000 (doc #2000-0035658) after the
parcel’s creation. The property is zoned TM (Timber Mountain - 160–acre minimum) and FR-40
(Foothill Residential – 40-acre minimum).
As part of the approval, the Zoning Administrator required Condition of Approval No. 3 which requires approved access with a minimum easement width of 60-feet. The applicant is requesting an
exception pursuant to Butte County Code (BCC) §20-4 (Exceptions to Design Requirements) to BCC
§20-134 to allow the existing 40-foot easement established by recorded document #2000-0035658.
BACKGROUND
Marc Miller (the applicant/appellant) is the third private owner since the property was patented in 2000. The zoning at that time was Timber Mountain 20-acre minimum (TM-20). The Federal
Government owned the property prior to the 2000 US Patent and created the parcel, without
conformance to County regulations (namely the requirement of 60’ access to a County Maintained
road). The resultant parcel size met the zoning at the time, but the 40’ access to APN: 063-040-022, as discussed above, does not meet County Improvement Standards. The associated Building Permit submittal (B17-1391) by the present owner necessitates the Conditional Certificate of Compliance
process and conformance to County parcel creation standards.
The applicant has attempted to acquire an additional easement from the owners of Parcel 063-040-
057, which is the parcel containing the existing easement. The owners are not agreeable to granting any additional easement width.
APPEAL REQUEST
The applicant has appealed the Zoning Administrator’s imposition of Condition No. 3 and is
requesting an exception pursuant to BCC §20-4 to allow the existing 40-foot easement established
by recorded document #2000-0035658 to serve as approved access to the property
ANALYSIS
Butte County Code §20-134 requires the minimum width for a street right-of-way shall be 60-feet;
however a minimum fifty-foot street right-of-way is permitted for local access streets, short through
streets, or unusual situations where a cul-de-sac is appropriate. The subject property does not meet
the conditions for a lesser width legal access easement as provided by BCC §20-136 because the
subject property is not within an urban area and the easement will serve more than one single-family dwelling.
Building Permit B17-1391 and future development (residential) are proposed on the northerly portion
of the subject parcel (APN 063-040-022).
The two Assessor’s Parcels that comprise the subject parcel are contiguous at a point. APN: 063-
040-022 (120.0 acres) connects to APN: 063-040-039 (40.0 acres) at a point (i.e. the convergence of two right angles – see attached vicinity map). The southerly portion of the parcel (APN:063-040-
039) does not have a recorded access easement at this time. Condition of Approval No. 5 requires
an informational note on the Conditional Certificate of Compliance that development on APN 063-
040-039 is prohibited until such time approved access has been obtained to a County maintained
roadway. Regardless of the outcome of the applicant’s appeal of Condition of Approval No 3, approved access must be obtained to the southerly portion of the parcel prior to development
Reviews
The Butte County Fire Department/CalFire has reviewed the appeal and exception request and
stated they have “no objections whatsoever to the appeal. 40’ is more than acceptable.” The Department of Public Works has also reviewed the proposed exception request and does not
have an issue with the requested 40’ width. Deputy Director of Public Works, Tom Fossum
stated:
“the issue may be that in the future should they want to separate the two sections into
separate parcels they will not be able to because they lack the necessary easement width. Right now we are approving it as a single parcel, not two so the 40 foot will work.”
In summary, staff believes the 40-foot access easement is adequate to provide normal and
emergency access. The 40-foot access easement would not be detrimental or create a health
and safety issue to the surrounding area.
Requirements for Exceptions to Design Requirements (BCC §20-4)
In order to approve an exception request, a hearing body must find make both of the following
findings (supporting information is provided in italics below):
1. That there are special circumstances or conditions of topography or size or shape or location
or existing development affecting the property, which circumstances, conditions or
development existed at the time the application for the map was determined or deemed to be
complete.
a. The subject property was created by a US parent in 2000 and the existing 40-foot
wide access easement was obtained in 2000 prior to the applicant obtaining interest
in the property and prior to submittal of the application for the Legal Lot
Determination.
b. The applicant has made unsuccessful efforts to obtain the required 60-foot access
width from adjacent property owners. The areas available for acquisition of
additional access are on parcels that are already developed and under separate
ownership making additional access width unobtainable for the owner of the subject
property.
c. The two Assessor’s Parcels that comprise the subject parcel (APNs 063-040-022
and 063-040-039) are contiguous at a point and development of a single family
dwelling unit or accessory structure(s) on the portion of the subject property
identified as APN 063-040-039 will require county access requirements be met prior
to issuance of a building permit per Condition 5. of approved Legal Lot
Determination DET17-0004.
2. That the granting of the exception will not be detrimental to the public welfare or injurious to
other property in the territory in which the property is situated.
The Butte County Fire Department/CalFire has reviewed the appeal and exception
request and stated they have no objections whatsoever to the appeal and that a 40
foot easement width is more than acceptable. The Department of Public Works has
also reviewed the proposed exception request and does not object to the requested 40
foot easement width.
RESOLUTION PC17-10
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
APPROVING THE APPEAL TO CONDITION No. 3 OF LEGAL LOT DETERMINATION DET17-0004
WHEREAS, on June 21, 2017, the Butte County Zoning Administrator approved a request for a Legal
Lot Determination/Conditional Certificate of Compliance for one parcel, APNs 063-040-022 and 063-040-039, containing a total of approximately 160.0 acres; and
WHEREAS, Condition of Approval No. 3 for Legal Lot Determination DET17-0004 requires the
following:
“Provide approved access to the parcel from a publicly maintained road or state highway in accordance with County Code. The minimum easement width shall be 60 feet.” and
WHEREAS, an appeal of the Zoning Administrator’s imposition of Condition of Approval No. 3 was
filed in a timely manner by applicant Marc Miller; and WHEREAS, the Planning Commission has considered the applicant’s appeal of Condition No. 3 of
Legal Lot Determination DET17-0004 at a noticed public hearing on July 27, 2017; and
WHEREAS, the Planning Commission has considered the record before the Zoning Administrator in approving Legal Lot Determination DET17-0004, the report from the Planning Division and all public and agency comment.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission:
I. Grants the exception request to the 60-foot access width requirement per Butte County Code with the following findings:
A. There are special circumstances and conditions of topography or size or shape or
location or existing development affecting the property that existed at the time the Legal
Lot Determination was determined to be complete.
1. The subject property was created by a US parent in 2000 and the existing 40-foot wide access easement was obtained in 2000 prior to the applicant obtaining interest in the property and prior to submittal of the application for the Legal
Lot Determination.
2. The applicant has made unsuccessful efforts to obtain the required 60-foot
access width from adjacent property owners. The areas available for acquisition of additional access are on parcels that are already developed and under separate ownership making additional access width unobtainable for the
owner of the subject property.
3. The two Assessor’s Parcels that comprise the subject parcel (APNs 063-040-022
and 063-040-039) are contiguous at a point and development of a single family dwelling unit or accessory structure(s) on the portion of the subject property identified as APN 063-040-039 will require county access requirements be met
prior to issuance of a building permit per Condition 5. of approved Legal Lot
Determination DET17-0004.
B. That the granting of the exception will not be detrimental to the public welfare or
injurious to other property in the territory in which the property is situated.
The Butte County Fire Department/CalFire has reviewed the appeal and exception request and stated they have no objections whatsoever to the appeal and that a 40
foot easement width is more than acceptable. The Department of Public Works
has also reviewed the proposed exception request and does not object to the
requested 40 foot easement width.
II. Modify Condition #3 to read: “Provide approved access to the parcel from a publicly maintained road or state highway in accordance with County Code. The minimum easement width shall be
40 feet. If the parcel is divided in the future APNs: 063-040-022 and 063-040-039 will each
require 60’ wide access.”
DULY PASSED AND ADOPTED this 27th day of July 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Phil John, Chair Planning Commission County of Butte, State of California
ATTEST:
_____________________________ KIM MCMILLAN, Secretary Planning Commission
County of Butte, State of California
BUTTE COUNTY ZONING ADMINISTRATOR
AGENDA REPORT – June 21, 2017
Applicant: Marc Miller Location: The parcel is approximately ½
mile east of Highway 32 and
Owner: Marc Miller approximately 5 miles northeast of the City of Chico city limits.
File #: DET17-0004 Supervisor
District: 3
Request: Legal Lot Determination/
Conditional Certificate of Compliance
Project
Planner: Tristan Weems Assistant Planner
G.P.
Zoning:
Timber Mountain (063-040-
022), Foothill Residential (063-
040-039)
Timber Mountain (TM) (063- 040-022), Foothill Residential
– 40 acre minimum (FR-40)
(063-040-039)
Parcel Sizes:
Exhibits:
063-040-022 is 120.00 acres and
63-40-39 is 40.0 acres
A: Recommended Findings and Zoning Administrator Decision
B: Conditions of Approval
C: Grant Deed/Creation
Document
APN: 063-040-022, -039 D: Plat
EXECUTIVE SUMMARY:
This application is a request for a Legal Lot Determination/Conditional Certificate of Compliance
for one parcel, APNs 063-040-022 and 063-040-039, containing a total of approximately 160.0 acres. APN 063-040-022 & 063 were created as one parcel created by US Patent in 2000 (doc
#2000-0013686) without the required 60' access to a county maintained roadway. A 40’ wide
access was obtained in 2000 (doc #2000-0035658) after the parcel’s creation. The property is
zoned TM (Timber Mountain) and FR-40 (Foothill Residential – 40-acre 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 Conditional Certificate of Compliance with the findings and
conditions identified below in Exhibit A.
SITE CHARACTERISTICS AND SURROUNDING USES:
• Assessor’s Parcel 063-040-022 is approximately 120.0 acres in size.
• Assessor’s Parcel 063-040-039 is approximately 40.0 acres in size.
• Surrounding land uses are primarily foothill residential uses and vacant lands, with a
Planned Unit Development of 21 parcels located adjacent to the west and north.
• The lot is bisected by Little Chico Creek.
• The subject lot is surrounded by lands in the TM and FR-40 zone to the east, FR-5 and
PUD to the north and west, and AG-40 to the south.
• The subject lot is located ½ mile to the east of Highway 32 and approximately 5 miles northeast of the City of Chico city limits on Little Chico Creek.
• The subject lot has not received an address, but has permits pending for septic systems
(EHS17-17-0077, EHS17-0078) and wells (EHWS17-0014, EHWS17-0037).
Aerial View/Zoning Map
ANALYSIS:
• APNs 063-040-022 & 063-040-039 were created as one parcel by US Patent in 2000
(doc #2000-0013686) without 60' access to a county maintained roadway.
• The current General Plan land use designations for the subject property are Timber Mountain (APN 063-040-022) and Foothill Residential (APN 063-040-039). At the
time of the parcel’s creation, the General Plan land use designation was Agricultural
Residential.
• The current zoning is TM-160 for parcel APN 063-040-022 and the parcel does not
conform to the current 160- acre minimum for the creation of new parcels in the zone.
At the time of the parcel’s creation, the applicable zoning was TM-20 (Timber
Mountain 20 acre minimum). Current zoning is FR-40 for APN 063-040-039 and was
TM-20 at the time of parcel creation.
• While the parcel is not consistent with the current General Plan land use designation of
Timber Mountain and TM-160 zoning, it is consistent with the Agricultural Residential
designation and TM-20 zoning in place at the time of the parcel’s creation on April 17,
2000.
• Development of the lot will not be permitted until minimum access requirements are
satisfied through the fulfillment of the conditions of the Conditional Certificate of
Compliance (see Agency Comments, below).
• Because the northerly (APN 063-040-022) and southerly (063-040-039) portions of the
subject lot are contiguous only at a point, development on the portion of the parcel
described as APN 063-040-039 is prohibited until such time as approved access has
been obtained to a County maintained roadway.
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 provided the following conditions:
1. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code.
2. Provide approved access to the parcel from a publicly maintained road or state highway
in accordance with County Code. Minimum easement width to be 60 feet.
• Butte County Environmental Health Division responded, “Setbacks and soils evaluations
are met.”
• Cal-Fire/Butte County Fire stipulated that “Construction, installation or development of
buildings and/or roads, driveways, gates, and bridges on parcels/lots shall comply with the
latest California Fire Safe Regulations Public Resources Code 4290, 4291 and/or current Butte County Improvement Standards, whichever is stricter.”
• 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 in land use or density may be considered exempt from CEQA. Approximately 31
acres of the parcel has a slope less than 20%. This provides adequate development potential without encroaching on slopes greater than 20%. 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.
EXHIBIT A
LEGAL LOT DETERMINATION DET17-0004 (Marc Miller)
Request for Legal Lot Determination/Conditional Certificate of Compliance
APNs: 063-040-022, -039
ZONING ADMINISTRATOR DECISION ZDN17-0014
June 21, 2017
I. Find this project is categorically exempt from the California Environmental Quality Act
(CEQA) provisions under 14 CCR Section 15305 (Class 5). Class 5 consists of minor alterations in
land use limitations in areas with an average slope of less than 20%, which do not result in any changes
in 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 DET17-0004, subject to the following findings and requirements:
A. APN 063-040-022 & 063 as one parcel was created by US Patent in 2000 (doc #2000-
0013686). The parcel was consistent with the Agricultural Residential General Plan
and TM-20 (Timber Mountain – 20-acre minimum) designations at the time of its
creation.
B. As conditioned, 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. Provide two-way traversable access to the parcel from a publicly maintained road
or state highway as defined in the County Code.
3. Provide approved access to the parcel from a publicly maintained road or state
highway in accordance with County Code. The minimum easement width shall be 60 feet.
4. Construction, installation, or development of buildings and/or roads, driveways,
gates, and bridges on parcels/lots shall comply with the latest California Fire Safe
Regulations Public Resources Code 4290, 4291 and/or current Butte County
Improvement Standards, whichever is stricter.
5. Record the following informational note on the Certificate of Compliance:
“Development on portion of parcel described as 063-040-039 is prohibited until
such time approved access has been obtained to a County maintained roadway.”
Approved By: Tim Snellings, Zoning Administrator Date: June 21, 2017
EXHIBIT B
Legal Lot Determination/Conditional Certificate of Compliance on APNs 063-040-022, -039
(DET17-0004):
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 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.
3. Provide approved access to the parcel from a publicly maintained road or state
highway in accordance with County Code. The minimum easement width shall be
60 feet.
4. Construction, installation, or development of buildings and/or roads, driveways, gates, and bridges on parcels/lots shall comply with the latest California Fire Safe
Regulations Public Resources Code 4290, 4291 and/or current Butte County
Improvement Standards, whichever is stricter.
5. Place the following informational note on the Certificate of Compliance: “Development on portion of parcel described as 063-040-039 is prohibited until
such time approved access has been obtained to a County maintained roadway.”
EXHIBIT C LEGAL LOT DETERMINATION DET17-0004 (Marc Miller)
Creation deed for parcel: APNs: 063-040-022, -039
EXHIBIT D