HomeMy WebLinkAboutDET17-0004_ZA REPORT and ZDN ■ Butte County Department of Development Services ■
■ June 21, 2017 ■ Miller DET17-0004 ■ Page 1 of 11■
BUTTE COUNTY ZONING ADMINISTRATOR
AGENDA REPORT – June 21, 2017
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.
Applicant: Marc Miller Location: The parcel is approximately ½
mile east of Highway 32 and
approximately 5 miles northeast
of the City of Chico city limits.
Owner: Marc Miller
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
063-040-039 is 40.0 acres
A: Recommended Findings and Zoning Administrator
Decision
B: Conditions of Approval
C: Grant Deed/Creation Document
D: Plat APN: 063-040-022, -039
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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).
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Aerial View/Zoning Map
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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 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:
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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. 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.
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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.
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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
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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.”
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EXHIBIT C LEGAL LOT DETERMINATION DET17-0004 (Marc Miller) Creation deed for parcel: APNs: 063-040-022, -039
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EXHIBIT D