HomeMy WebLinkAboutLLA21-0018 Project Approval Memo
■ Butte County Department of Development Services ■ Benjamin Silverman, LLA21-0018■ Page 1 of 5
MEMORANDUM
TO: Project File # LLA21-0018
FROM: Tristan Weems
DATE: April 11, 2022
SUBJECT: Lot Line Adjustment (LLA21-0018) for Benjamin Silverman
APNs: 041-100-047, -048.
PLANNING
MANAGER
SIGNATURE:
Project Description and Site Characteristics
• Benjamin Silverman is requesting a Lot Line Adjustment to reconfigure two APNs (2
parcels).
Parcel Existing Parcel Area Before LLA (acres)
Area After LLA
(acres)
Parcel 1 78.50 79.96
Parcel 2 39.26 37.80
• The parcels are zoned Agriculture 40 acre minimum (AG-40).
• The parcels are not encumbered by the Williamson Act.
Project Analysis
• Setbacks will be met for all structures.
• Per comment by the County Surveyor, a Legal Lot Determination (DET21-0009) was
required prior to LLA clearance. DET21-0009 has been approved.
• Proposed Parcel 1 (79.96 acres) will have existing primary and accessory dwelling units, detached garage shop structure, to remain and existing orchard, to remain.
■ Butte County Department of Development Services ■ Benjamin Silverman, LLA21-0018■ Page 2 of 5
• Proposed Parcel 2 (37.80 acres) will be devoid of structures, and have existing grazing land, to remain.
• The project would not result in the creation of any new parcels.
• 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: “Maps submitted showing septic and well for lot 041-100-048 at the very bottom of the parcel and will not be impacted by LLA.”
• Butte County Fire / CALFIRE noted that 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.
• The Agricultural Commissioner’s Office noted: Project is to add 1.46 acres to APN 041-
100-047 from APN 041-100-048. Future residential development is subject to 300 Ft Agricultural Setback.
• APN 041-100-048 determined to be legal through approval of DET21-0009.
• APN 041-100-047 legality can be determined by prior permitting.
• A total of 13 notices were mailed to Adjacent Property Owners. A public notice was placed
in the Chico Enterprise Record/Oroville Mercury Register.
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.
■ Butte County Department of Development Services ■ Benjamin Silverman, LLA21-0018■ Page 3 of 5
II. Approve the Lot Line Adjustment for Benjamin Silverman, APNs 041-100-047, -048. Project # LLA21-0018, 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 (AG-40) parcel minimum or conform to 24-302 Exceptions for Minimum Parcel Size, A. 1. The lot line adjustment would reduce parcel(s) size by no more than 10 percent or 10 acres, whichever is less. Parcel 2 is reduced by 1.46 acres, which is a 3.7%
reduction.
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, Agricultural Commissioner’s Office 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 ■ Benjamin Silverman, LLA21-0018■ Page 4 of 5
EXHIBIT A
CONDITIONS OF APPROVAL
Benjamin Silverman, APNs 041-100-047, -048 Project # LLA21-0018:
A Lot Line Adjustment, identified as Planning File LLA21-0018 between two parcels (Assessor
Parcel Numbers (APNs): 041-100-047, -048). Existing parcel sizes are 78.50 and 39.26 acres
respectively. Resultant parcel sizes will be 79.96 and 37.80 acres, respectively. APN -047 has the
addresses of 3261 and 3265 Williams Road, APN -048 has the address of 3143 Williams Road -
both parcels are located approximately 2 miles south of the Town of Paradise town limits. The
parcels are zoned Agriculture (AG – 40 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.
■ Butte County Department of Development Services ■ Benjamin Silverman, LLA21-0018■ Page 5 of 5
LLA21-0018 PLAT