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Home My WebLink AboutMISC14-0001_ZA Staff Report ■ Butte County Department of Development Services ■ ■ August 19, 2015 ■ Thomas Winkle MISC14-0001 ■ Page 1 of 5 ■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – August 19, 2015 RECOMMENDED ACTION: Staff recommends the Zoning Administrator find the proposed project to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines (Class 5 Exemption) and to approve the Legal Lot Determination, subject to the findings in Exhibit A. EXECUTIVE SUMMARY: The applicant is requesting the County’s determination on the legal status of 44 parcels, which were created by either U.S. Patent or deed, and total approximately 7,165 acres. No land division ordinance for Butte County existed at the time of the parcel creation and no zoning ordinance was adopted. As a result, the Subdivision Map Act was the regulating authority of land divisions in the County at that time. Attachment D details each parcel. This Legal Lot Determination initially involved 45 parcels totaling 7,174.5 acres; however, the date and method of creation for parcel #42 could not be verified, and was not included in this review. That parcel will remain unbuildable until it is merged with an adjacent parcel that has been verified as a legal parcel or a verifiable parcel creation document is provided to the County. SITE CHARACTERISTICS AND SURROUNDING USES: Applicant: Thomas R. Wrinkle Location: The project site is located to the east of SR 99, south of Neal Road and north of Durham-Pentz Road. Owner: Merritt Horning Jr. File #: MISC14-0001 Parcel Size: 7,165 acres Request: 44 Legal Lot Determinations/ Certificates of Compliance Supervisor District: 4 (Lambert) & 5 (Teeter) Planner: Rowland Hickel, Senior Planner G.P.: Agriculture (AG) & Resource Conservation (RC) Attachments: Zoning: See Attachment C A:Zoning Administrator Decision B:Vicinity Map APN: See Attachment D C:Zoning Map D:Parcel Table E:Public Works Department Comments ■ Butte County Department of Development Services ■ ■ August 19, 2015 ■ Thomas Winkle MISC14-0001 ■ Page 2 of 5 ■  The proposed project consists of 44 parcels totaling approximately 7,165 acres. The parcels are bordered by AG-40 zones to the north and west, and by AG-160 to the south.  Each of the 44 parcels fall into one of four zones: Resource Conservation (RC), AG-20 (20 acre minimum parcels), AG-40 (40 acre minimum parcels), or AG-160 (160 acre minimum parcel size).  Portions of four assessor parcels are within the Neal Road Waste Facility Overlay zone: APN 040- 120-007, 040-120-008, 040-120-029, and 040-120-030.  Three of the 44 project parcels have received some improvements: APN 040-120-007 is developed with approximately 16.3 acres of composting facilities, 040-120-032 is developed with two single family dwellings and a barn, and APN 040-120-005 is developed with two barns.  Several assessor parcels are accessible from Neal Road: APN 041-090-065, 041-090-069, 040-010- 034, 040-010-033, 040-120-030, 040-120-029, 040-120-008, and 040-120-007. The southernmost assessor parcels (APN 040-130-035, 041-130-038, and 041-130-037) are accessible via Durham- Pentz Road. Ranch Road, a small private road, passes through APN 040-490-016 and 040-120-032.  Portions of the project site are enrolled in a Land Conservation (Williamson) Act contract: APNs 040-010-033, 041-090-070, 040-120-030, 041-100-001, 041-100-080, 040-120-031, and 041-100- 078.  No public sewer or public water systems serve the project site. ANALYSIS:  The subject parcels were created by Grant Deed or U.S. Patent prior to July 1, 1949, and are therefore legal parcels within Butte County.  No Butte County subdivision ordinance or zoning ordinance was enacted at the time of creation of the subject parcels. As a result, the State Subdivision Map Act was the regulating authority of land divisions.  All parcels, with the exception of parcels 26, 27, 28, 31, 34, 35, and 41, conform to current zoning and General Plan land use designations.  Future buildability of the subject parcels are not guaranteed. On-site wastewater disposal suitability would be determined at the time of development of the subject parcels.  Several of the resultant parcels under the LCA contract do not comply with Butte County’s Uniform Rules for Implementing the Land Conservation Act. Non-compliance may be a result of the parcel not meeting the 160-acre minimum parcel size criteria for grazing lands, or because only a portion of the legal parcel is enrolled in the LCA contract. The existing contract must be amended (provided that parcel sizes meet the 160-acre minimum) to bring the contract into compliance with the recognized parcels. Pending an amended contract, the sale or transfer of the parcel, or development of a residence, may be prohibited on all non-compliant parcels. A notation/disclosure will be included on the Certificate of Compliance recorded for each parcel currently under contract to inform potential buyers/developers of development restrictions. AGENCY COMMENTS: The project was reviewed by the Butte County Public Works Department, Butte County Environmental Health Division, Butte County Fire Department/CalFire, and the Butte County Assessor.  Public Works Department has verified that all but one of the subject parcels were created in conformance with the Subdivision Map Act. A requirement has been included for the applicant to pay the necessary recording fees for the Certificate of Compliance. Additionally, a notation/disclosure will be recorded on each certificate of compliance that indicates that legal ■ Butte County Department of Development Services ■ ■ August 19, 2015 ■ Thomas Winkle MISC14-0001 ■ Page 3 of 5 ■ access to the resultant parcels have not been verified.  After discussing the proposed application with EH staff, it was determined that because the parcels are already legal lots, no conditions could be included, unless it was a requirement when the lots were originally created. However, informational notes could be recorded with the certificate of compliance. EH recommends that information regarding the on-site wastewater disposal limitations be noted on the certificate, and that an on-site wastewater disposal system will need to be verified through an on-site evaluation of the property prior to development of the subject property. 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 ■ ■ August 19, 2015 ■ Thomas Winkle MISC14-0001 ■ Page 4 of 5 ■ EXHIBIT A LEGAL LOT DETERMINATION MISC14-0001 (Horning Ranch) Request for 44 Legal Lot Determinations/Certificates of Compliance Assessor Parcel Numbers: 041-130-038, 040-120-005, 041-130-037, 040-130-035, 041-100-001, 040- 490-016, 041-090-065, 041-100-080, 041-100-081, 041-100-078, 041-100-079, 041-090-060, 041-090- 070, 040-120-032, 040-120-031, 040-010-034, 040-120-029, 040-120-008, 040-120-007, 040-120-030, 040-010-033 ZONING ADMINISTRATOR DECISION ZDN15-00__ August 19, 2015 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 Game 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 MISC14-0001, subject to the following findings and requirements: A. All parcels have been created in conformance with State and County ordinances in effect on the date the parcels were created (Appendix D), and are therefore recognized as legal parcels within Butte County. B. Public Works Department has verified that the subject parcels were created in conformance with the Subdivision Map Act. C. All parcels, with the exception of parcels 26, 27, 28, 31, 34, 35, 41, and 42, conform to current zoning and General Plan land use designations. D. Approval of the Certificates of Compliance for the subject parcels will not be detrimental to the health, safety and welfare of the surrounding area. E. Recordation of Certificates of Compliance is subject to the following: 1. Payment of 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 costs associated with recording is based on a 1 page notification (first sheet) and 1 page of legal descriptions attached as “Exhibit A” per recorded parcel. 2. Record the following informational note on each Certificate of Compliance: “Prior to development, verify that the subject parcel meets Minimum Useable Wastewater Area standards in accordance with Chapter 19 of the Butte County Code. A Site Evaluation must be performed on the parcel to make this determination.” 3. Record the following informational note on each Certificate of Compliance: “Legal access to the individual parcel has not been verified.” 4. Record the following informational note on each Certificate of Compliance: “Parcel subject to the requirements of the Butte County Land Conservation ■ Butte County Department of Development Services ■ ■ August 19, 2015 ■ Thomas Winkle MISC14-0001 ■ Page 5 of 5 ■ (Williamson) Act program until terminated from the program, including potential restrictions on parcel sale or transfer; and restrictions on development, including residential development.” Approved By: ________________________, Zoning Administrator Date: ______________ Applicant/Owner: Horning Ranch Request: Legal Lot Determination Attachment B: Vicinity Map 0 1 2Miles Zoning: Multiple Assessor Parcel Number: Multiple File: MISC14-0001 ¶SupervisorialDistrict #4 & #5 Map Date: 08/06/2015Data Source: Butte County ¬«99 ProjectLocation Project Site City of Chico Town of Paradise Applicant/Owner: Horning Ranch Request: Legal Lot Determination Attachment C: Butte County Zoning Map 0 1 2Miles Zoning: Multiple Assessor Parcel Number: Multiple File: MISC14-0001 ¶SupervisorialDistrict #4 & #5 Horning Ranch ParcelsZoningAgricultural ZonesAgriculture - 20 Agriculture - 40 Agriculture - 160Industrial Zones General Industrial Heavy IndustrialSpecial Purpose Zones PublicNatural Resource Zones Resource Conservation (40-ac minimum) Map Date: 08/05/2015Data Source: Butte County ¬«99 Parcel #APNRecorded DateCreation Doc #Zoning Approximate Size (Acres)Williamson Act Meets Williamson Act Min. Parcel Size (160 acres) Conforms to Current Zoning 1040-490-01609/05/1887D Pats 188AG-40152.4NON/AYES 2040-130-035UNKNOWN20 DDS 179AG-40623.7NON/AYES 3040-130-0383/10/1870C Pats 454AG-40160.0NON/AYES 4040-130-0383/10/1870D-401AG-40160.0NON/AYES 5041-130-0371/13/188727 DDS 122AG-4080.0NON/AYES 6041-130-0373/19/188322 DDS 589AG-4080.0NON/AYES 7041-130-0378/18/1891D PATS 544AG-40160.0NON/AYES 8041-130-037UNKNOWNE PATS 552AG-40160.0NON/AYES 9041-100-081UNKNOWNC PATS 49AG-40160.0PARTIALLYYESYES 10041-100-080UNKNOWND PATS 545AG-40160.0YESYESYES 11041-100-078 & 079UNKNOWN21 DDS 126AG-40640.0PARTIALLYYESYES 12040-120-032UNKNOWND PATS 267AG-40160.0NON/AYES 13040-120-031UNKNOWND PATS 222AG-40160.0YESYESYES 14040-120-032UNKNOWNC PATS 329AG-40160.0PARTIALLYYESYES 15040-120-032UNKNOWNC PATS 179AG-4080.0PARTIALLYNOYES 16040-120-032 & 03105/30/1862C PATS 398AG-4080.0PARTIALLYNOYES 17040-120-0081/27/1880A PATS 208AG-40160.0NON/AYES 18040-120-0081/27/188019 DDS 395AG-40480.0NON/AYES 19040-120-02911/12/1890D PATS 541AG-4046.5PARTIALLYNOYES 20040-120-02911/12/1890D PATS 519AG-4040.0PARTIALLYNOYES 21040-120-02911/12/1890D PATS 187AG-40120.0PARTIALLYNOYES 22040-120-029 & 030UNKNOWNE PATS 121AG-4080.0PARTIALLYNOYES 23040-120-030 & 005UNKNOWN20 DDS 179AG-40640.0PARTIALLYYESYES 24041-100-001UNKNOWND PATS 268AG-160160.0YESYESYES 25041-100-001UNKNOWNC PATS 327AG-160160.0YESYESYES 26041-100-001UNKNOWND PATS 269AG-16080.0YESNONO 27041-100-001UNKNOWND PATS 269AG-16040.0YESNONO 28041-100-001UNKNOWND PATS 269AG-16040.0YESNONO 29041-100-001UNKNOWNC PATS 328AG-160160.0YESYESYES 30041-100-0804/30/190373 DDS 743AG-160160.0YESYESYES 31041-100-0805/27/188627 DDS 118AG-16080.0YESNONO 32041-090-069 & 070UNKNOWN21 DDS 126AG-40640.0PARTIALLYYESYES 33040-010-03311/19/1889D PATS 221AG-40160.0YESYESYES 34040-010-03311/19/1889D PATS 343AG-4020.0YESNONO 35040-010-03410/29/1936I PATS 248AG-4020.0NON/ANO 36041-090-06512/22/1886D PATS 264RC20.0NON/AYES 37041-090-06512/22/1886C PATS 594RC40.0NON/AYES 38041-090-06512/22/188627 DDS 15RC30.0NON/AYES 39040-120-00711/19/1889D PATS 342AG-4080.0NON/AYES 40041-090-0657/5/1883C S 526RC20.0NON/AYES 41040-010-0337/19/188019 DDS 407AG-4020.0YESNONO 42041-090-06510/29/1936D PATS 269RC40.0NON/AYES 43040-120-030UNKNOWN19 DDS 407AG-2080.0YESNOYES 44040-120-0081/27/188019 DDS 395AG-4080.0NON/AYES ATTACHMENT D MISC14-0001 Parcel List