HomeMy WebLinkAboutLLA22-0017 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 # LLA22-0017
FROM : Tristan Weems, AICP Associate Planner
DATE: October 14, 2022
SUBJECT: Lot Line Adjustment (LLA22-0017) for Robert Hillock; APNs: 041-470-076 & -100
PLANNING
MANAGER
SIGNATURE
Project Description and Site Characteristics
• Robert Hillock has submitted an application to Butte County for a lot line adjustment (Planning File # LLA22-0017) between two (2) parcels 041-470-076 and 041-470-100. Existing parcel sizes are 49.947±, and 55.053± acres, respectively.
• The lot line adjustment will result in two (2) parcels with parcel sizes of 60.949± and 44.051± acres for Proposed Parcels 1, and 2 respectively.
• APN 041-470-076 has the address of 3825 Pentz Road, Paradise, CA 95969 and 041-470-100 has the address of 3765 Pentz Road, Paradise, CA 95969. The project parcels are approximately 3 miles south of the Town of Paradise town limits via Pentz Road.
• The parcels have the General Plan land use designation of Agriculture, and are zoned AG-20 (Agriculture, 20-acre minimum).
Parent Parcel APN Acres Before LLA Acres After LLA
Parcel 1 041-470-100 55.053 60.949
Parcel 2 041-470-076 49.947 44.051
• Existing parcels exceed the minimum parcel area standard of 20 acres required by the AG-20 zoning designation. Resultant parcels will continue to 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)
MEMORANDUM
• The western branch of Dry Creek (blue line stream) runs along the north / south portion of the northwestern property line of APN -076 for approximately 700 feet.
• The lots lie on a plateau which is generally flat at 1200 feet above sea level for 1,500 feet inward from Pentz Road. At that point a steep cliff drops westward to the 800 feet above sea level within the drainage of the western branch of Dry Creek. Analysis
• The project would not result in the creation of any new parcels.
• The parcels were legally created by Parcel Map Book 73, Pages 33 and 34.
• The project parcels are not in an urban sphere of influence or specific plan area.
• The Agricultural Commissioner’s Office, 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 published in the Chico Enterprise Record / Oroville Mercury Register and mailed to 14 adjacent property owners. No public comment was received.
• Both parcels were involved with a Use Permit with a hearing date of September 2, 1976 by Russel W. Knudsen & Sons Inc. related to a “fruit juice processing facility”, the permit was denied.
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 Robert Hillock, APNs: 041-470-076, -100. Project # LLA22-
0017, subject to the following findings and Conditions of Approval in Exhibit A:
EXHIBIT A
CONDITIONS OF APPROVAL
Robert Hillock, Lot Line Adjustment LLA22-0017
APNs: 041-470-076, 041-470-100. 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
LLA22-0007 Plat