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Home My WebLink AboutLLA21-0002 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 # LLA21-0002 FROM : Austin Forde, Assistant Planner DATE: April 8, 2022 SUBJECT: Lot Line Adjustment (LLA21-0002) for Rick Stemple; APNs: 047-030-046 & 047- 030-045 PLANNING MANAGER SIGNATURE Project Description and Site Characteristics • Rick Stemple is requesting a Lot Line Adjustment between two (2) parcels. Existing parcel sizes are 0.18± acres for Lot 1 (APN: 047-030-046) and 31.04± acres for Lot 2 (APN: 047-030-045). Resultant parcel sizes are 0.27± acres (Lot 1) and 30.95± acres (Lot 2). Parent Parcel APN Acres Before LLA Acres After LLA Lot 1 047-030-046 0.18± 0.27± Lot 2 047-030-045 31.04± 30.95± • Lot 1 is located at 7410 Cana Highway, Chico, CA 95973, while Lot 2 is located at 14701 White Deer Lane, Chico, CA 95973. The parcels lie approximately 0.25 miles north of Cana Highway, 9 miles northwest of Chico city limits. • Both subject parcels are zoned AG-80 (Agriculture, 80-acre minimum) and designated as Agriculture (AG) by the Butte County General Plan 2030. • Surrounding parcels to the north, east, and south are zoned AG-80 (Agriculture, 80-acre minimum), while the adjoining parcel to the west of APN: 047-030-045 is zoned AG-160 (Agriculture, 160-acre minimum). MEMORANDUM • There is existing residential development upon both subject parcels. • 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). Analysis • The project would not result in the creation of any new parcels. • Neither of the subject parcels are under a California Land Conservation Act contract. • Existing Parcels do not meet the minimum parcel area standard mandated by the AG-80 (Agriculture, 80-acre minimum) zoning designation. Resultant parcels will also not meet the minimum parcel area standard. Resultant Lot 1 will be increased in size by 0.09± acres. Resultant Lot 2 will be decreased in size by 0.09± acres. This reduction in size of 0.28% adheres to the 10% maximum threshold required to approve an exception for minimum parcel size under BCC sec. 24-302. • Setbacks would be met from the newly-created property line to the existing single-family residences and accessory structures on both resultant parcels. • Originally, the subject parcels constituted a portion of Lots 2, 3, and 4 of the Howard Subdivision of the Bosquejo Rancho (recorded in Book 9 M.O.R. 42 on July 24, 1923). Thereafter, on October 28, 1964, Lot 2 was deeded to Lyle Howard by quitclaim deed. On October 28, 1971, Lot 1 was deeded to Floyd and Mary Howard by a joint tenancy grant deed. • Both parcels were created in noncompliance with the standards under Ordinance 772. Separate Legal Lot Determination applications for Conditional Certificates of Compliance (DET21-0005 & DET21-0006) were applied for and approved on November 17, 2021. Both Conditional Certificates of Compliance have been recorded. • Both subject parcels will be accessed from a private easement off White Deer Lane, a privately-maintained paved road, provided as a condition of approval for DET21-0005 & DET21-0006. • The project parcels are not located in an urban sphere of influence or specific plan area. • Per BCC sec. 24-83 the pre-existing residential development is exempt from Agricultural Buffer setbacks, but future residential development will be subject to them. • The Butte County Environmental Health Division noted that the proposed Lot Line Adjustment will have no impact on either resultant parcel or any surrounding parcel. • The Land Development Division of Public Works, Environmental Health Division of Public Health, CAL FIRE/Butte County Fire Department, and the Butte County Agricultural Commissioner’s Office reviewed the project. None objected to the proposed project subject to the conditions of approval noted in Exhibit A below. • Noticing was sent to the Chico Enterprise Record and mailed to 10 adjacent property owners. No public comment was received. CEQA EXEMPTION 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 Rick Stemple, APNs: 047-030-046 & 047-030-045, Project # LLA21-0002, subject to the following findings and Conditions of Approval in Exhibit A. EXHIBIT A CONDITIONS OF APPROVAL Rick Stemple, Lot Line Adjustment LLA21-0002, APNs: 047-030-046 & 047-030-045: 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. Agricultural Commissioner’s Office 1. Any new residential development upon either resultant parcel will be subject to 300 ft. agricultural buffer setbacks per BCC sec. 24-83. 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 LLA21-0002 Plat (Page 1) LLA21-0002 Plat (Page 2)