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Home My WebLink AboutLLA21-0004 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 # LLA21-0004 FROM: Austin Forde, Assistant Planner DATE: September 8, 2021 SUBJECT: Lot Line Adjustment (LLA21-0004) for Chad Gustafson & Jacqueline Carter-Gustafson, APNs: 040-020-153, 040-020-155, & 040-020-156 PLANNING MANAGER SIGNATURE: Project Description and Site Characteristics •Applicants Chad Gustafson & Jacqueline Carter-Gustafson are requesting a Lot LineAdjustment between three (3) legal parcels (APNs: 040-020-153, 040-020-155 & 040-020-156).Existing parcel sizes are 28.97± acres for Parcel 1 (APN: 040-020-153), 19.95± acres for Parcel 2 (APN: 040-020-155), and 20.66± acres for Parcel 3 (APN: 040-020-156). The proposed LLA is a transfer of 0.31± acres from Lot 2 to Lot 1, 0.16± acres from Lot 2 to Lot 3, and 0.47± acresfrom Lot 3 to Lot 2. Resultant parcel sizes will be 29.28± acres for resultant Parcel 1, 19.95±acres for resultant Parcel 2, and 20.35± acres for resultant Parcel 3. Parent Parcel APN Acres Before LLA Acres After LLA Parcel 1 040-020-153 28.97± 29.28± Parcel 2 040-020-155 19.95± 19.95± Parcel 3 040-020-156 20.66± 20.35± •The three subject parcels are located at the corner of Marybill Ranch Road and Stillwater Drive,approximately 2.1 miles southeast of Chico city limits via Midway. •All three subject parcels are zoned AG-40 (Agriculture – 40-acre minimum) and designated asAG (Agriculture) by the Butte County General Plan. •Surrounding parcels to the east, south, and west are zoned AG-40 (Agriculture - 40-acreminimum). Parcels to the north include HI (Heavy Industrial) and LI (Light Industrial) zoningdesignations. •Existing Parcels do not meet the minimum parcel size mandated by the AG-40 (Agriculture –40-acre minimum) zoning designation. Resultant parcels will also not meet the parcel minimum. Resultant Parcel 1 will increase in size by 0.31± acres. Resultant Parcel 2 will undergo nochange in acreage. Resultant Parcel 3 will be reduced in size by 0.31± acres. This reduction insize of 1.5% meets the 10% threshold required to approve an exception for minimum parcelsize allowed under BCC sec 24-302. •According to the Federal Emergency Management Agency (FEMA) floodplain mapping of theproject area, the three subject parcels are located in a Special Flood Hazard Area, and arelabeled Zone AO. (https://www.fema.gov/flood-zones). Analysis •The project would not result in the creation of any new parcels. •All subject parcels would retain their existing access. •All subject parcels have existing on-site wells and septic systems. Per the Environmental Health Division, none of these would be impacted by the proposed lot line adjustment. •The subject parcels were created in their current configuration by Parcel Map (Book 107, Pg.14, recorded March 30, 1987). •All three resultant parcels would be below the minimum parcel size of the underlying zone(Agriculture – 40-acre minimum). There is a proposed reduction in parcel size for resultantParcel 2 of approximately 1.5%, meeting the 10% exception standard per BCC sec 24-302. •The subject parcels lie within the City of Chico’s Sphere of Influence. The City of Chico wasnoticed and returned no comment. •The Public Works Department, Environmental Health Division and CALFIRE/Butte County Fire reviewed the project. None objected to the proposed project subject to the conditions ofapproval noted in Exhibit A below. •Noticing was sent to the Chico Enterprise Record and mailed to 9 adjacent property owners.No public comment was received. CEQA Issues This project is categorically 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 categorically exempt from environmental review under Section 15305(a) of theCalifornia Environmental Quality Act (CEQA). A Class 5 exception consists of minor alterations in landuse limitations in areas with an average slope of less than 20%, which do not result in any changes inland use or density, including but not limited to minor lot line adjustments, side yard, and set backvariances not resulting in the creation of any new parcel. II. Approve the lot line adjustment for Chad Gustafson & Jacqueline Carter-Gustafson, APNs: 040-020-153, 040-020-155, & 040-020-156, Project # LLA21-0004, subject to the following findings and Conditions of Approval in Exhibit A: EXHIBIT A CONDITIONS OF APPROVAL Chad Gustafson & Jacqueline Carter-Gustafson, Matthew & Jessica Thorpe, Lot Line Adjustment LLA21-0004, APNs: 040-020-153, 040-020-155, & 040-020-156 Public Works 1.Deeds and plats (if required) with the appropriate checking fee shall be submitted to theDepartment of Public Works, Land Development Division for checking and approval prior torecordation and shall contain the notes specified below. 2.Provide documentation from a title company of the applicant’s choice verifying that any deed oftrust affected has been partially re-conveyed or modified to reflect the lot line adjustment and toprevent the creation of any additional lot or parcel. 3.Prior to recordation of deeds, provide documentation verifying payment of taxes as required bySubsection (d)(4)a. of Section 20-95.1 of the Butte County Code and as specified in Article 8 ofChapter 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 recordof survey is prepared to show the lot line adjustment, recording of a plat is not required. Cal Fire/Butte County Fire 1.Construction, installation or development of buildings and/or roads, driveways, gates andbridges on parcels/lots shall comply with the current adopted California Fire Code, the latestCalifornia Fire Safe Regulations – Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. 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.