HomeMy WebLinkAboutLLA21-0021 Project Approval MemoDepartment of Development Services Paula M. Daneluk, AICP, Director Curtis Johnson, Assistant Director
7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds
TO: Project File # LLA21-0021
FROM : Austin Forde, Assistant Planner
DATE: February 14, 2021
SUBJECT: Lot Line Adjustment (LLA21-0021) for Danial Salmon; APNs: 058-200-083 &
058-200-084.
PLANNING
MANAGER
SIGNATURE
Project Description and Site Characteristics
• Danial Salmon is requesting a Lot Line Adjustment between two (2) parcels (APN: 058-200-083 & 058-200-084). Existing parcel sizes are 11.49± acres for Parcel A (APN: 058-200-083) and 10.51± for Parcel B (APN: 058-200-084). Resultant parcel sizes are 16.61± acres (Parcel A) and 5.36± acres (Parcel B).
Parent Parcel APN Acres Before LLA Acres After LLA
Parcel A 058-200-083 11.49± 16.61±
Parcel B 058-200-084 10.51± 5.36±
• Parcel A is located at 11971 Highway 70, Concow, CA 95965, while Parcel B is unaddressed. The parcels lie approximately 3.4 miles east of Paradise town limits via Pentz Road.
• Both subject parcels are zoned C-C (Community Commercial) and designated as RTL (Retail) by the Butte County General Plan 2030.
• Surrounding zones include FR-40 (Foothill Residential - 40-acre minimum) to the north and west, P (Public) to the east, and Multizone (encompassing FR-40 and C-C zoning designations) to the south.
MEMORANDUM
• Existing parcels exceed the minimum parcel area standard of 10,000 sq. ft. mandated by the C-C (Community Commercial) zoning designation. Resultant parcels will also exceed the minimum parcel area standard.
• Residential setbacks will be met from the newly created property line to the existing single-family dwelling to be located on APN: 058-200-084
• According to the Federal Emergency Management Agency (FEMA) floodplain mapping of the project area, the two subject parcels are located in an area of minimal flood hazard, and are labeled Zone X (unshaded). (https://www.fema.gov/flood-zones)
Analysis
• The project would not result in the creation of any new parcels.
• Both subject parcels were created in their current configuration by LLA (Official Record #2010-0046749), recorded on December 30, 2010.
• Both subject parcels will retain access from a private easement off Deadwood Road, a privately-maintained road.
• Both subject parcels meet the minimum parcel area standard of the underlying zone (Community Commercial - 10,000 sq. ft. minimum).
• The project parcels are not in an urban sphere of influence or specific plan area.
• The Land Development Division of Public Works, Environmental Health Division of Public Health, and CAL FIRE/Butte County Fire Department reviewed the project. None objected to the proposed project subject to the conditions of approval noted in Exhibit A below.
• Due to the lack of a well upon parcel A, and the existing well upon APN: 058-200-085, Environmental Health is conditioning a requirement for a deeded shared well agreement or a well permit to drill an individual domestic well for potable water serving Parcel A.
• Noticing was sent to the Paradise Post and mailed to 6 adjacent property owners. No public comment was received. 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 setback variances not resulting in the creation of any new parcel.
II. Approve the Lot Line Adjustment for Danial Salmon, APNs: 058-200-083 & 058-200-084, Project # LLA21-0021, subject to the following findings and Conditions of Approval in Exhibit A:
EXHIBIT A
CONDITIONS OF APPROVAL
Danial Salmon, Lot Line Adjustment LLA21-0021, APNs: 058-200-083 & 058-200-084:
Public Works 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 that 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. Environmental Health
1. Prior to recordation, provide a deeded shared well agreement between Parcel A and APN: 058-200-085 or apply for and receive a well permit to drill an individual domestic well for potable water serving Parcel A.
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
LLA21-0021 Plat