HomeMy WebLinkAboutLLA22-0006 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 # LLA22-0006
FROM : Austin Forde, Assistant Planner
DATE: July 5, 2022
SUBJECT: Lot Line Adjustment (LLA22-0006) for Bryan Mefford; APNs: 068-342-011 & 068-342-005
PLANNING
MANAGER
SIGNATURE
Project Description and Site Characteristics
•Bryan Mefford is requesting a Lot Line Adjustment between two (2) parcels (APN: 068-342-011& 068-342-005). Existing parcel sizes are 2.41± acres for Parcel A (APN: 068-342-011) and0.52± for Parcel B (APN: 068-342-005). Resultant parcel sizes are 2.30± acres (Parcel A)and 0.63± acres (Parcel B).
Parent Parcel APN Acres Before LLA Acres After LLA
Parcel A 068-342-011 2.41± 2.30±
Parcel B 068-342-005 0.52± 0.63±
•Parcel A is unaddressed, while Parcel B is located at 4135 Hildale Avenue, Oroville CA 95966.The parcels lie approximately 1.3 miles east of Oroville city limits via Hildale Avenue.
•There is an existing encroachment upon parcel A, but no further development upon it. There isexisting residential and accessory structure development upon Parcel B.
•Both subject parcels are zoned MDR (Medium Density Residential) and designated as MDR(Medium Density Residential) by the Butte County General Plan 2030.
•Surrounding zones include MDR (Medium Density Residential) to the west and south, RC(Resource Conservation) to the east, and G-C (General Commercial) to the north.
MEMORANDUM
Rowland Hickel Senior Planner July 5, 2022
• Existing parcels exceed the minimum parcel area standard of 6,000 sq. ft. mandated by the MDR
(Medium Density Residential) zoning designation. Resultant parcels will also exceed the minimum parcel area standard.
• 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.
• There is a Conditional Certificate of Compliance (Official Record #1991-0024257) upon APN: 068-342-011, for which the conditions have been completed, and which is to be recorded with the resultant legal descriptions from this request for a Lot Line Adjustment. APN: 068-342-005 was legalized by residential Building Permit 02-2041.
• Both subject parcels will retain access from existing private encroachments off Hildale Avenue, a publicly-maintained County road.
• Both subject parcels meet the minimum parcel area standard of the underlying zone (Medium Density Residential - 6,000 sq. ft. minimum).
• The width of Parcel A is approximately 215 ft. at the midway point between the front and rear
property lines, per the definition of Parcel Width under Butte County Code 24-304. The front half of Parcel A narrows to 60 feet for approximately 250 feet towards Hildale Avenue. The proposed project would reduce the parcel width on the front half of Resultant Parcel A from 60 to 40 feet.
• Reducing the parcel’s width in this area would create a better design for the lots, bringing an existing, unpermitted carport, currently sited on the shared property line, entirely onto Resultant Parcel B, with a minimum 5-foot side property line setback, and also bringing the existing residence into compliance with the minimum 5-foot side property line setback.
• The project parcels are not located within a specific plan area, but are within the Sphere of Influence for the City of Oroville. The City returned no comment.
• 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.
• The Environmental Health Division noted that the proposed adjustment would simply move the existing line 20 feet, and would no impact on-site wastewater systems.
• CAL FIRE/Butte County Fire Department noted that the parcels are within the State Responsibility Area (SRA) and High Fire Hazard Severity Zone.
• Noticing was sent to the Oroville Mercury Register and mailed to 10 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 Bryan Mefford, APNs: 068-342-011 & 068-342-005, Project # LLA22-0006, subject to the following findings and Conditions of Approval in Exhibit A:
EXHIBIT A
CONDITIONS OF APPROVAL
Bryan Mefford, Lot Line Adjustment LLA22-0006, APNs: 068-342-011 & 068-342-005:
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. 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
LLA22-0006 Plat