HomeMy WebLinkAboutLLA21-0020 Project Approval Memo
■ Butte County Department of Development Services ■ Doug Arnold, LLA21-0001■
Page 1 of 6
MEMORANDUM
TO: Project File # LLA21-0020
FROM: Tristan Weems, AICP
DATE: January 3, 2022
SUBJECT: Lot Line Adjustment (LLA21-0020) for Michelle E McNeill and William F
Lennan APNs: 041-600-021, -022.
PLANNING
MANAGER
SIGNATURE:
Project Description and Site Characteristics
• McNeill and Lennan are requesting a Lot Line Adjustment to reconfigure two APNs (2
parcels).
Parcel Existing Parcel
Area Before LLA (acres)
Area After LLA
(acres)
Parcel “A” 49.723 46.920
Parcel “B” 34.220 37.025
• The parcels are zoned Foothill Country Residential 20-acre minimum (FCR-20).
Project Analysis
• Setbacks will be met for all structures.
• Proposed Parcel “A” (46.920 acres) will have an existing single family dwelling, to remain.
• Proposed Parcel “B” (37.025 acres) will have an existing single family dwelling and outbuilding, to remain.
• The project would not result in the creation of any new parcels.
■ Butte County Department of Development Services ■ McNeill and Lennan, LLA21-0020■ Page 2 of 6
• The Public Works Department, Assessor’s Office, Environmental Health Division, Agricultural Commissioner’s Office and the Fire Department/CDF, were given the
opportunity to review this project. None of these departments objected to the proposed project. Specific comments are provided below. Conditions of Approval have been recommended by Public Works.
• Environmental Health noted the following: “LLA will not greatly impact either lot and wells
and septic are still maintained. Approve.”
• Butte County Fire / CALFIRE noted that the project is within the High Fire Hazard Severity Zone. Butte County CAL Fire is the Fire department having jurisdiction.
• Parcels were created legally by LLA 2003-0023157A.
• The Butte County Agricultural Commissioner’s Office responded: “Future residential development subject to 300 Ft Agricultural setback from lands zoned Agriculture. Indicate 300 Ft Ag setback on recorded map.”
Staff response: Since this is not a recorded map per se, but will involve a Lot Line
Adjustment plat for survey purposes, this correction does not apply as Lot Line
Adjustment plats are not typically reviewed for development purposes. Future residential development will be subject to the 300 foot Agricultural Buffer setback at the time of
building permit review.
• 11 notices were mailed to Adjacent Property Owners. A public notice was placed in the Chico Enterprise Record/Oroville Mercury Register newspapers.
• On APN: 041-600-022 there is an active grading permit for a firebreak/driveway and
associated CEQA project (pending fees): PWGRD21-0004 and GRD21-0003.
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, requiring the conditions of approval listed in EXHIBIT A:
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. 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 Michelle E. McNeill and William F. Lennan
■ Butte County Department of Development Services ■ McNeill and Lennan, LLA21-0020■ Page 3 of 6
, APNs 041-600-021, -022. Project # LLA21-0020, subject to the following Findings and Conditions of Approval in Exhibit A:
A. The proposed parcel sizes are consistent or more conforming to the zoning (FCR-
20) parcel minimum.
B. The project would not result in the creation of any new parcels.
C. The Public Works Department, Building Division, Assessor’s Office, Environmental Health Division, and the Fire Department/CDF reviewed the
project. None of these departments objected to the proposed project.
Recommended conditions from the Public Works have been incorporated as conditions of project approval.
■ Butte County Department of Development Services ■ McNeill and Lennan, LLA21-0020■ Page 4 of 6
EXHIBIT A
CONDITIONS OF APPROVAL
Michelle E McNeill and William F Lennan, APNs 041-600-021, -022 Project # LLA21-0020:
A Lot Line Adjustment, identified as Planning File LLA21-0020 between two parcels (Assessor
Parcel Numbers (APNs): 041-600-021, -022). Existing parcel sizes are 49.723 and 34.22 acres
respectively. Resultant parcel sizes will be 46.920 and 37.025 acres, respectively. APN -021 has
the situs address 2806 Williams Road, Butte Valley, APN -022 has the situs address of 2835 Cory
Creek Road, Butte Valley - both parcels are located approximately 5 miles south of the Town of
Paradise town limits. The parcels are zoned Foothill Country Residential (FCR-20 – 20 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.
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 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
■ Butte County Department of Development Services ■ McNeill and Lennan, LLA21-0020■ Page 5 of 6
(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 ■ McNeill and Lennan, LLA21-0020■ Page 6 of 6
LLA21-0001 PLAT