HomeMy WebLinkAboutLLA21-0005 Approval Memo Department of Development Services Paula M. Daneluk, AICP, Director Pete Calarco, Assistant Director 7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785
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MEMORANDUM
TO: Project File # LLA21-0005
FROM: Tristan Weems, Associate Planner
DATE: June 29, 2021
SUBJECT: Lot Line Adjustment (LLA21-0005) for Ernestine Chambers; APN: 025-200-139, -
140
PLANNING
MANAGER
SIGNATURE:
Project Description and Site Characteristics
• Ernestine Chambers is requesting a Lot Line Adjustment, identified as Planning File LLA21-0005 between two parcels (Assessor Parcel Numbers (APNs): 025-200-139, -140). Existing parcel sizes are 53.8 and 9.6 acres respectively. Resultant parcel sizes will be 25.1 and 38.3 acres.
Parent Parcel APN Acres Before LLA Acres After LLA
Parcel 1 025-200-139 53.8+ 38.3+
Parcel 2 025-200-140 9.6+ 25.1+
• The parcels are located to the north of E. Gridley Road approximately ½ mile due east of the City of Gridley city limits. Both parcels are unaddressed.
• The parcels are zoned AG-40 (Agriculture, 40-acre minimum parcel sizes)
• Surrounding parcels consists of AG-40 lots mostly of non-conforming lot size.
• The parcels are located in FEMA flood zone “X”.
• The parcels are not enrolled in the Williamson Act.
Analysis
• Both parcels will continue to have access, Parcel 1 will have a “Certain 20.00 foot wide easement for road purposes, dated Dec. 6, 1902 and filed for record in Book 65, Deeds, at Page 415” which runs north – south at the western extent of the proposed configuration. Parcel 2 will
continue to have access off of Chambers Lane.
• The project would not result in the creation of any new parcels.
• The parcels were created by Lot Line Adjustment deeds in 2001, Document No. 2001-59753, 54.
• Butte County Land Development Division of the Department of Public Works determined the project parcels to have been created in compliance with County Code and the Subdivision Map
Act.
• Parcel 1 is reduced by no more than 10 percent of the parcel minimum (40 acres to 38.3 acres) per BCC 24-302 A. 1.
• Cal-Fire approved their review and noted: “Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the current adopted California Fire Code, the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter.”
• Butte County Environmental Health approved their review and noted: “An ag well exists on parcel 025-200-136 and will remain on this parcel post lot line adjustment; future ag wells proposed on resultant parcel 025-200-140 must meet setback requirements to existing ag well on resultant parcel 025-200-136 with notification requirements per chapter 23b.
• The County Agricultural Commissioner’s Office approved their review and noted: “Parcels are zoned AG-40 and are surrounded by AG-40 parcels. Any future residential development will be subject to a 300 Ft Ag buffer”
• Land Development approved their review, subject to the conditions of approval noted in Exhibit A below. 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 Director of Development Services 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 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. II. Approve the Lot Line Adjustment for Ernestine Chambers, APNs 025-200-139 and -140, Project #
LLA21-0005, subject to the following findings and Conditions of Approval in Exhibit A:
EXHIBIT A CONDITIONS OF APPROVAL Ernestine Chambers, Lot Line Adjustment LLA21-0005, APNs 025-200-139, -140: 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 on 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 (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 does not show all easements of record on or affecting said lots or parcels.