The URL can be used to link to this page

Home My WebLink AboutLLA21-0006 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 buttecounty.net/dds MEMORANDUM TO: Project File # LLA21-0006 FROM: Tristan Weems, Associate Planner DATE: May 25, 2021 SUBJECT: Lot Line Adjustment (LLA21-0006) for Dustin and Christina Cooper, et al.; APNs: 050-020-002, 050-030-006, -008, -009. PLANNING MANAGER SIGNATURE: Project Description and Site Characteristics • Dustin and Christina Cooper, et al. are requesting a Lot Line Adjustment, identified as Planning File LLA21-0006 between four parcels (Assessor Parcel Numbers (APNs): 050-020-002; 050- 030-006; 050-030-008 and 050-030-009)). Existing parcel sizes are 37.95, 5.00, 34.12, and 14.53 acres respectively. Resultant parcel sizes will be 51.22, 5.46, 34.12, and 2.48 acres. Parent Parcel APN Acres Before LLA Acres After LLA Parcel 1 050-020-002 37.95+ 51.22+ Parcel 2 050-030-006 5.00+ 5.46+ Parcel 3 050-030-008 34.12+ 32.04+ Parcel 4 050-030-009 14.53+ 2.48+ • The parcels are zoned Agriculture (AG – 160 acre minimums). • The parcels are located directly west of the Town of Paradise city limits. APN 050-030-006 has the address of 1500 Lofty View Road, APN 050-030-009 has the address of 1495 Lofty View Road, APN: 050-020-002 has the address of 1496 Lofty View Lane. Analysis • The project would not result in the creation of any new parcels. May 25, 2021 • Per County Surveyor, Land Development Division of Public Works, 050-020-002 created by 36 Deeds 741, Official Map (A) 12 M 12, Paradise Town Limit. 050-030-006 & 008 created by Merger 2002-0023229. 050-030-009 created by 36 Deeds 741, Paradise Town Limit (PM 153 M 18) • 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. • Parcels 1-3 either gain acreage, or are reduced by no more than 10% per BCC 24-302 A. 1. • Parcel 4 is reduced by 12.05 acres to 2.48 acres, with acreage being added to Parcel 1. This adjustment qualifies for the exemption BCC 24-302 A. 3, by improving the health or safety conditions and improving the design of the existing affected lots without altering the existing land uses thereon, based on the following: o All Existing improvements, including a well, will be located on the adjusted lot that it serves. o The adjustment will align with an existing fence. o Allows for the improvement and maintenance of existing road facilities and potential construction of alternate road facilities to improve health and safety conditions for owners and public service access for Parcel 1, including in the event of fire or other natural or man-made disaster. o The existing road/driveway is approximately half a mile long and serves as the sole ingress and egress for the Cooper home (Parcel 1) through steep and heavily forested terrain that is highly susceptible to wildfire given its location within the state’s most critical fire hazard severity zone (i.e., “Very High Fire Hazard Severity Zone”). o Portions of this property were destroyed in the 2018 Camp Fire, the most destructive wildfire in the history of the State of California. o Owner of Parcel 1 (Cooper) holds an easement for the road/driveway through the property of Parcel 4 (P.A. Dovre). Cooper represents that the existing easement imposes limitations on improvement and maintenance of the driveway/road, including the ability to remove trees that are dead or dying as a result of the 2018 Camp Fire that are outside the easement area, but prone to falling across the road/driveway. o Cooper represents that owning this property in fee would be beneficial in improving and maintaining the existing driveway/road and enhance the ability of emergency access and evacuation in the event of a future fire or emergency conditions. o Cooper represents that they may additionally construct an alternate ingress/egress route outside the current easement area, but within the newly adjusted area to allow for a potential alternate evacuation route in the event of a future wildfire. o P.A. Dovre’s parcel will no longer be bisected by the existing easement, the proposed adjustment will result in this parcel’s property holdings ending at the easement (Lofty View Lane). In approving an exception to the Minimum Parcel size the Zoning Administrator shall make the following findings: 1. Documentation and analysis that one or more of the three allowed exceptions applies. a. BCC 24-302 A. 3 applies. 2. The adjusted lot line complies with applicable setbacks, design standards, and other provisions set- forth under the applicable zone. a. The proposed LLA complies with applicable setbacks, design standards and other provisions under the AG-160 zone. 3. A review of the lot line adjustment application by the Department of Public Works and the Environmental Health Division of the Public Health Department has taken place in accordance with Butte County Code Chapter 20-95-1, providing approval or conditional approval of the lot line adjustment. a. This review has taken place, both Department of Public Works and the Environmental Health Division made their approvals upon review of the project. 4. The exception granted pursuant to this article would not conflict with a recorded parcel map or subdivision map condition, note, or Williamson Act contract. a. The exception does not conflict with a recorded parcel map, subdivision map condition, note and is not enrolled in the Williamson Act. 5. Exceptions shall not be granted when a parcel being reduced in size below the minimum parcel size imposed by the zone allows the parcel receiving additional land to be subdivided. a. The parcel receiving the land cannot and will not be able to be subdivided. 6. The parcel subject to the exception has not received a prior exception. Only one exception shall be granted per parcel. a. This is the only exception applied to the affected parcels. Responding Agencies and Departments • 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: site visit: parcel 4 replacement septic will be a bit tight but worse case they will need to pump up above their garage area. map appears adequate with all pertinent information. ok to approve LLA . • The County Agricultural Commissioner’s Office approved their review and noted: “Proposed lot line adjustment does not create any apparent agricultural issues. Parcels are zoned Ag-160 and have adjacent parcels zoned Ag, Any future residential development will be subject to a 300 Ft buffer from lands zoned Ag. • 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 Dustin and Christina Cooper, et al, APNs 050-020-002, 050-030-006, -008, -009, Project # LLA21-0006, subject to the following findings and Conditions of Approval in Exhibit A: EXHIBIT A BCC Section 24-302 B. FINDINGS: 1. Documentation and analysis that one or more of the three allowed exceptions applies. a. BCC 24-302 A. 3 applies. 2. The adjusted lot line complies with applicable setbacks, design standards, and other provisions set-forth under the applicable zone. a. The proposed LLA complies with applicable setbacks, design standards and other provisions under the AG-160 zone. 3. A review of the lot line adjustment application by the Department of Public Works and the Environmental Health Division of the Public Health Department has taken place in accordance with Butte County Code Chapter 20-95-1, providing approval or conditional approval of the lot line adjustment. a. This review has taken place, both Department of Public Works and the Environmental Health Division made their approvals upon review of the project. 4. The exception granted pursuant to this article would not conflict with a recorded parcel map or subdivision map condition, note, or Williamson Act contract. a. The exception does not conflict with a recorded parcel map, subdivision map condition, note and is not enrolled in the Williamson Act. 5. Exceptions shall not be granted when a parcel being reduced in size below the minimum parcel size imposed by the zone allows the parcel receiving additional land to be subdivided. a. The parcel receiving the land cannot and will not be able to be subdivided. 6. The parcel subject to the exception has not received a prior exception. Only one exception shall be granted per parcel. a. This is the only exception applied to the affected parcels. CONDITIONS OF APPROVAL Dustin and Christina Cooper, et al., APNs 050-020-002, 050-030-006, -008, -009 Project # LLA21-0006 A Lot Line Adjustment, identified as Planning File LLA21-0006 between four parcels (Assessor Parcel Numbers (APNs): 050-020-002; 050-030-006; 050-030-008 and 050-030-009)). Existing parcel sizes are 37.95, 5.00, 34.12, and 14.53 acres respectively. Resultant parcel sizes will be 51.22, 5.46, 34.12, and 2.48 acres. The parcels are located directly west of the Town of Paradise city limits. APN 050-030-006 has the address of 1500 Lofty View Road, APN 050-030-009 has the address of 1495 Lofty View Road, APN: 050-020-002 has the address of 1496 Lofty View Lane. The parcels are zoned Agriculture (AG – 160 acre minimums). 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 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 Department 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. LLA21-0006 Plat