HomeMy WebLinkAboutLLA21-0017 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 # LLA21-0017
FROM : Austin Forde, Assistant Planner
DATE: May 10, 2022
SUBJECT: Lot Line Adjustment (LLA21-0017) for Robert Taylor; APNs: 072-050-033 & 072-
050-034
PLANNING
MANAGER
SIGNATURE
Project Description and Site Characteristics
•Robert Taylor is requesting a Lot Line Adjustment between two (2) parcels. Existing parcel sizes are 4.69± acres for Parcel I (APN: 072-050-033) and 1.02± acres for Parcel II (APN: 072-050-034). Resultant parcel sizes are 2.83± acres (Parcel I) and 2.88± acres (Parcel II).
Parent Parcel APN Acres Before LLA Acres After LLA
Parcel I 072-050-033 4.69± 2.83±
Parcel II 072-050-034 1.02± 2.88±
•Parcel I is located at 5318 Olive Highway, Chico, CA 95966, while Parcel II to the south isunaddressed. The parcels lie approximately 1.6 miles east of Oroville city limits via OrovilleQuincy Highway.
•Both subject parcels are zoned MU-3 (Mixed Use) and designated as MU (Mixed Use) by theButte County General Plan 2030.
•Surrounding parcels to the east, west, and north are zoned MDR (Medium Density Residential)and G-C (General Commercial), while the parcel directly south of Parcel 2 is zoned PUD(Planned Urban Development).
MEMORANDUM
for Planning Manager Dan Breedon
• Parcel I is developed with a residence and multiple accessory structures. Parcel II is undeveloped. The project parcels are surrounded by residential and commercial development.
• A drainage ditch in Bangor Canal transects the subject parcels from north to south. This is not considered to be an intermittent or perennial stream, and is thus not subject to BCC Division 6 – Riparian Areas.
• 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.
• Both resultant parcels meet the minimum parcel area (10,000 sq. ft.) and minimum parcel width (65 ft.) standards mandated by the MU-3 (Mixed Use) zoning designation.
• Setbacks would be met from the newly-created property line to the existing single-family residence and accessory structures on resultant Parcel I.
• The subject parcels were created in their current configuration by parcel map (recorded in Book 94 M.O.R. 23 on December 30, 1983).
• Resultant Parcel I would be accessed from an existing encroachment onto Miners Ranch Road. Resultant Parcel II would be accessed from a future encroachment onto Miners Ranch Road, a publicly-maintained paved road.
• The project parcels are located within the City of Oroville’s sphere of influence. The City of Oroville was notified and returned no comment.
• The Butte County Environmental Health Division noted that the resultant lots would be served by South Feather Water & Power Agency, and that the Adjustment will not affect existing systems.
• 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.
• Noticing was sent to the Oroville Mercury Register and mailed to 12 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. Approve the Lot Line Adjustment for Robert Taylor, APNs: 072-050-033 & 072-050-034, Project # LLA21-0017, subject to the following findings and Conditions of Approval in Exhibit A.
EXHIBIT A
CONDITIONS OF APPROVAL
Robert Taylor, Lot Line Adjustment LLA21-0017, APNs: 072-050-033 & 072-050-034:
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. 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 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.
LLA21-00017 Plat (Page 1 of 1)