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Home My WebLink About025-340-010f Butte County Department ofDevelopment Services 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION*BUILDING*GIS *PLANNING January 12, 2005 Robert A. Birkholz P.O. Box 865 Palermo, CA 95968 Re: Application for Lot Line Adjustment, LLA 05-11 A.P. Number(s) 025-340-010, 011, 012, and 013 Dear Applicant: 1410 On January, 12, 2005, the Department of Development Services made the finding that; the Lot Line Adjustment on the above referenced property is exempt from environmental review, and approved the project subject to the conditions on the attached Memorandum. Should you appeal the decision of the Dept. of Development Services, please submit your appeal, in writing, with the appeal fee of $50.00, to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California 95965, prior to 4:00 p.m., Janurary 26, 2005. The conditions of approval must be met within thirty-six (36) months from the date of approval by the Department of Development Services or the approval will be considered null and void. If you have any questions concerning this matter, please contact this office at (530) 538- 7601, Monday through Friday, 8:00 a.m. to 4:00 p.m. YC/rt cc: John D. Christofferson, P.L.S., 220 Grand Avenue, Oroville, CA 95965 Environmental Health Department Building Division elf Butte Count y Department ofDevelopment Services YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING MEMORANDUM 771 TO: Stephen Streeter, Interim Planning Division Manager FROM: Carl Durling, Associate Planner DATE: January 12, 2005 SUBJECT: Lot Line Adjustment for Robert Birkholz, APNs 025-340-010, 011, 012 and 013, Project # LLA 05-11, Project Description and Site Characteristics • Lot Line Adjustment to reconfigure 4 parcels totalling 18.9 acres into 1 parcel of 10.5 acres and 3 parcels of 2.8 acres. The ' fou"r ' parcels were created by Parcel Map recorded at Book 123, page 99. • The existing 4 parcels all front on Power House Hill Road approximately one mile north of Palermo Road. Three have a width of 250 feet and the fourth has a width of 303 feet. • Two parcels (APN 025-340-010 and 025-340-011 will be reconfigured together along with the northerly portion of APN 025-340-012 to form a 10.5 acre parcel (Resultant Parcel D) fronting on Power House Hill Road. • The remainder portion of APN 025-340-012 will be reconfigured with APN 025-340- 013 to form three parcels having 2.8 acres each (Resultant Parcels A, B and Q. • The project parcels are zoned AR -2.5 (Agricultural Residential, 2.5 -acre minimal parcel size) and are designated by the Land Use Element of the Butte County General Plan as Agricultural Residential. • The project site is located in Supervisorial District # 1. ■ Butte County Department of Development Services ■ Page 1 of 5 ■ i Project Analysis • The Agricultural Residential General Plan land use designation minimum parcel size is 20 acres. The resulting sizes of the project parcels are found to be consistent because they meet the following five General Plan criteria: 1. Compatible with neighboring agricultural activities. The Agricultural Commissioner. determined that there are no adjacent agricultural operations and there are no adverse agricultural issues. 2. Evidence of adequate water and sewage disposal capacity. The Butte County Environmental Health Division determined that the soils on the project site are generally suitable for on-site sewage disposal systems. 3. Availability of adequate fire protection facilities. The Butte County Fire Department (CDF) determined that the project conforms to Department requirements. 4. Adequately maintained approved road access with sufficient capacity to service area. Two existing roads --Power.-.House Hill Road, a public road, and Favorite Court, a private road, will provide access for the proposed parcels. 5. Reasonable accessibility to commercial services and schools. The project parcels are within 3 miles of commercial shopping and schools in Oroville. • ' The project would not result in the creation of any new parcels. • The project was reviewed by the Public Works Department, Building Division, Environmental Health Division, Fire Department/CDF, Agricultural Commissioner's Office, and the County Assessor's Office. None of -these departments objected to the proposed project. The Public Works Department recommends seven conditions of project approval. CEQA Issues This project is exempt from the requirements of the California Environmental Quality Act (CEQA) under a Section 15305(a) exemption. ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Manager take the following action: I. Find that the project is exempt from environmental review under Section 15305(a) of the California Environmental Quality Act (CEQA). A Class 5 exception consists of minor ■ Butte County Department of Development Services ■ Page 2 of 5 ■ 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 A. Birkholz, APN 025-340-010, 011, 012 and 013, Project # LLA 05-11, subject to the following findings and Conditions of Approval in Exhibit A: A. The resulting parcel sizes conform to the AR -2.5 zoning district and are consistent with the Agricultural Residential General Plan land use designation. B. The proposed Lot Line Adjustment is consistent with, or will be conditioned to meet, the requirements of Butte County Code Section 20- 95.1(d) Processing and Action on Application, subsections 1 through 11. C. No new parcels would be created by the Lot Line Adjustment. K:\Planning\PROJECTS\LLA\BIRKHOLZ, Robert LLA 05-1 RLLA Approval Memorandum.doc ■ Butte County Department of Development Services ■ Page 3 of 5 ■ 0' EXHIBIT A Lot Line Adjustment for Robert A. Birkholz, APN 025-340-010, 011, 012 and 013, Proiect # LLA 05-11 I. CONDITIONS OF APPROVAL: 1. Deeds and plats (if required) 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 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 (b) of Section 20-95 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. 4.. Prepare a plat showing approved Lot Line Adjustment. Label parcels by number on final plat. 5. Record plat with deeds if one or more of original lots or parcels was created by map. If a record of survey is prepared to show the lot line adjustment, recording of a plat is not required. 6. New lot or parcel lines shall comply with setback requirements of applicable zoning and building ordinances. 7. Prior to recordation of the lot line adjustment deeds(s), provide an approved access as defined by Butte County Code Section 20-8 to resultant parcels B and C in compliance with Butte County Code Section 20-128 and 24-75. Said approved access shall, as a minimum, include a road constructed to County Standard RS-8-LDIII within a 60' wide deeded easement. 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 Public Works 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 ■ Butte County Department of Development Services ■ Page 4 of 5 ■ 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 does not show all easements of record on or affecting said lots or parcels. ■ Butte County Department of Development Services ■ Page 5 of 5 ■