HomeMy WebLinkAboutLLA21-0008 Project Approval MemoDepartment 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 buttecounty.net/dds
MEMORANDUM
TO: Project File # LLA21-0008
FROM: Tiffany Lightle, Associate Planner
DATE: September 3, 2021
SUBJECT: Lot Line Adjustment (LLA21-0008) for Judy McCrary; APN: 071-470-023 & 071-
470-004
PLANNING
MANAGER
SIGNATURE:
Project Description and Site Characteristics
Judy McCrary is requesting a Lot Line Adjustment between two (2) parcels (APNs 071-470-023 and
071-470-004). Existing parcel sizes are 20.60± acres for Parcel 1 (APN 071-470-023) and 10.34± acres
for Parcel 2 (APN 071-470-004). Resultant parcel sizes are 19.63± acres (Parcel 1) and 11.31± acres
(Parcel 2).
Parent Parcel APN Acres Before LLA Acres After LLA
Parcel 1 071-470-023 20.60+ 19.63+
Parcel 2 071-470-004 10.34+ 11.31+
The parcels are located along Lumpkin Road and approximately 15 miles east of Oroville city limits.
Both parcels are zoned FR-40 (Foothill Residential with a 40-acre minimum) and designated as Foothill
Residential (FR) by the General Plan. Surrounding zones include Foothill Residential with a 40-acre
minimum (FR-40) and Timber Mountain (TM). Both parcels are non-conforming to existing zoning but
would result in less than a 10 percent reduction in size in accordance with requirements set forth in
Butte County Code section 24-302 -Exceptions for minimum parcel size. The proposed lot line
adjustment would allow Parcel 2 (APN#071-470-004) to absorb the corner piece associated with Parcel
1 (APN#071-470-023) that is separated by Lumpkin Road from Parcel 1. Both parcels are in Flood
Zone X.
Analysis
The project would not result in the creation of any new parcels.
Both parcels were legally created by parcel map, Book 123 of maps 93 and 94 and Book 144
of maps 82 and 83.
Butte County Land Development Division of the Department of Public Works determined that
project parcels were created in compliance with County Code and the Subdivision Map Act.
Both parcels obtain access off Lumpkin Road, a County road.
Both parcels are non-conforming to existing zoning but the transfer of 0.7 acres would result in
less than a 10 percent reduction in size in accordance with requirements set forth in Butte
County Code section 24-302- Exceptions for minimum parcel size.
The project parcels are not in an urban sphere or area.
The Public Works Department, Environmental Health Division, CALFIRE/Butte County Fire, and
the County Assessor’s Office reviewed the project. None objected to the proposed project
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) Categorical 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 Judy McCrary, APNs 071-470-023 and 071-470-004, Project #
LLA21-0008, subject to the following findings and Conditions of Approval in Exhibit A:
EXHIBIT A
CONDITIONS OF APPROVAL
Judy McCrary, Lot Line Adjustment LLA21-0008, APNs 071-470-023 and 071-470-004:
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.
4. Prepare a plat showing approved Lot Line Adjustment.
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.
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.