HomeMy WebLinkAboutLLA14-0001_Approval Memo_040414.pdf■ Butte County Department of Development Services ■ Robert J. Storm, LLA14-0001 ■ Page 1 of 5
Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR | PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive
Oroville, CA 95965 (530) 538-7601 Office (530) 538-7785 Fax www.buttecounty.net www.buttegeneralplan.net
MEMORANDUM
TO: Project File: LLA14-0001
FROM: Rowland Hickel, Senior Planner
DATE: April 4, 2014
SUBJECT: Lot Line Adjustment (LLA14-0001) for Robert J. Storm; APNs: 025-270-043 & Portion of 025-270-044.
Project Description and Site Characteristics
• Robert Storm is requesting a Lot Line Adjustment (LLA) that will adjust the boundary between two adjacent lots, resulting in the transfer of 10.49 acres between two legal lots. Information of
lot sizes are detailed in the table below.
Lot APN Size Before LLA Size After LLA Zoning
1 025-270-043 43.68± acres 33.19± acres AG-40
2 025-270-044
(Portion) 7.96± acres 18.45± acres AG-40
• The project site is located along the east side of State Highway 99, at the intersection of Highway
99 and Franphil Drive, approximately 1¼ miles north from Biggs East Highway.
• Lot 1 was created by a previous Lot Line Adjustment (Doc #2011R0016598), recorded on May
20, 2011. Lot 2 was created by Grant Deed (Book 953, Page 357), recorded in 1958.
• Lot 1 is presently used for rice cultivation and orchards. Approximately 33.19 acres of Lot 1 is
used for rice cultivation. Approximately 10.49 acres of Lot 1 is used as an orchard. Lot 2 is only
used for orchard operations.
• The proposed adjustment would transfer the portion of Lot 1 used for orchard operations to Lot 2,
resulting in Lot 1 only being used for rice cultivation, and Lot 2 only be used for the orchard.
• Both parcels are zoned AG-40 (Agriculture, 40 acre minimum parcel size) and are designated as
Agriculture (AG) in the Butte County General Plan.
■ Butte County Department of Development Services ■ Robert J. Storm, LLA14-0001 ■ Page 2 of 5
Project Analysis
• Lot 1 is conforming to the minimum parcel size requirement of 40 acres for the AG-40 zone district. Lot 2 is non-conforming to zoning. Upon adjustment, Lot 1 would no longer be in
conformance to zoning, and Lot 2 will continue to be non-conforming.
• Pursuant to BCC, Section 24-302, the Zoning Administrator may grant an exception for a
proposed lot line adjustment when an existing parcel is smaller than the minimum parcel size requirement, if one of the following exists:
1) The lot line adjustment would reduce the parcel size by no more than 10 percent or 10
acres, whichever is less;
2) The lot line adjustment would reduce the parcel size to a degree that is consistent with an average size of parcels in the immediate vicinity that are located within the same
zoning district;
3) The lot line adjustment would improve health or safety conditions, or improve the design
of the existing affected lots without altering the existing land uses thereon.
• The designs of resultant Lot 1 and Lot 2 would be improved by separating the rice cultivation and orchard operations onto separate parcels. Additionally, Fran Hill Drive (a private road) will be
located along the common property line between the resultant parcels. With the proposed reconfiguration of the parcels, the proposed project satisfies the criteria of BCC Section 24-
302(A)(3).
• The project would not result in the creation of any new parcels.
• The subject parcels are not encumbered by a Williamson Act contract.
• Pursuant to BCC, Section 20-95-1, The Public Works Department, Assessor’s Office,
Environmental Health Division, Cal-Fire/Butte County, and Agricultural Commissioner’s Office were given the opportunity to review this project. None of these departments objected to the proposed project. The Public Works Department recommended Conditions of Approval to be
included with the project.
CEQA
This project is exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15305 (a) of the CEQA Guidelines (Class 5 exemption), which states:
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, including but not limited to: (a) Minor lot line adjustments, side yard, and setback variances not resulting in the creation of any
new parcel.
■ Butte County Department of Development Services ■ Robert J. Storm, LLA14-0001 ■ Page 3 of 5
ACTIONS FOR CONSIDERATION:
Staff recommends that the Zoning Administrator take the following action, requiring the conditions of approval listed in EXHIBIT A:
I. Find that the project is exempt from environmental review under Section 15305 (a) of the
California Environmental Quality Act Guidelines (CEQA). A Class 5 exemption 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, including but not limited to minor lot line
adjustments, side yard, and set back variances not resulting in the creation of any new parcel. 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.
II. Approve the Lot Line Adjustment for Robert J. Storm, subject to the following Findings, and Conditions of Approval in Exhibit A:
A. The subject parcels are legally-established lots.
B. The project would not result in the creation of additional parcels.
C. Pursuant to BCC, Section 24-302(A)(3), an exception to the minimum parcel size
requirement for lot line adjustment is hereby granted because the resultant parcel designs of Lot 1 and Lot 2 would be improved by separating the dual agricultural operations on Lot 1.
■ Butte County Department of Development Services ■ Robert J. Storm, LLA14-0001 ■ Page 4 of 5
EXHIBIT A
CONDITIONS OF APPROVAL
Robert J. Storm, APN: 025-270-043 & Portion of 025-270-044; Project # LLA14-0001:
A lot line adjustment to reconfigure two existing parcels, resulting in the transfer of 10.49 acres
from Lot 1 to Lot 2.
1. Deeds and plats (if required) with the appropriate checking fee shall be submitted to the
Department of Public Works, Land Development Division, for checking and approval prior to recordation and shall contain the notes specified below.
2. Provide documentation from a title company of the applicant's choice verifying that any deed of trust affected has been partially re-conveyed or modified to reflect the lot line
adjustment and to prevent the creation of any additional lot or parcel.
3. Prior to recordation of deeds, provide documentation verifying payment of taxes as required by Subsection (d)(4)a of Section 20-95.1 of the Butte County Code and as
specified in Article 8 of Chapter 4 of Division 2 of Title 7 of the Government Code,
commencing with Section 66492.
Deed Note
(To be placed on any deed to effect lot line adjustment)
The purpose of this deed is to effect a lot line adjustment as approved by the Butte County Director of
Development Services on ___________________. The above described lands are to be combined
with and become a part of those lands as described in the deed to ___________________________ as filed for record in Butte County Official Records at Serial Number _____________ Book
__________ Page _______. No additional lots or parcels are created hereby. The scope of review of
said lot line adjustment was limited as specified in Government Code Section 66412(d), and approval of it does not constitute assurance that future applications for building permits or other land use
entitlements on the modified lots or parcels will be approved by the County of Butte.
Plat Note
(to be placed on any required Plat)
This plat does not constitute a legal description of the lots or parcels depicted and do not show all easements of record on or affecting said lots or parcels.
■ Butte County Department of Development Services ■ Robert J. Storm, LLA14-0001 ■ Page 5 of 5
Tentative Lot Line Adjustment Map
Map not to scale