HomeMy WebLinkAboutLLA22-0019 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 # LLA22-0019
FROM : Austin Forde, Assistant Planner
DATE: January 30, 2022
SUBJECT: Lot Line Adjustment (LLA22-0019) for Dan Christopher; APNs: 056-040-022 & 063-250-009
PLANNING
MANAGER
SIGNATURE
Project Description and Site Characteristics
•Dan Christopher is requesting a Lot Line Adjustment to transfer 0.12± acres between two (2)parcels (APNs: 056-040-022 & 063-250-009). Existing parcel sizes are 80.75± acres for Parcel1 (APN: 056-040-022) and 80.19± acres for Parcel 2 (APN: 063-250-009). Resultant parcelsizes are 80.87± acres (Resultant Parcel 1) and 80.06± acres (Resultant Parcel 2).
Parent Parcel APN Acres Before LLA Acres After LLA
Parcel 1 056-040-022 80.75± 80.87±
Parcel 2 063-250-009 80.19± 80.06±
•Parcel 1 is unaddressed while Parcel 2 is located at 4482 Crown Point Road, Chico CA 95942,300 ft. east of SR 32, approximately 9.4 miles northeast of the City of Chico limits.
•Both subject parcels are zoned FR-40 (Foothill Residential, 40-acre minimum) and designatedas FR (Foothill Residential) by the Butte County General Plan 2030.
•The majority of surrounding parcels share the same FR-40 zoning designation (FoothillResidential, 40-acre minimum). To the south of Parcel 2 is a parcel zoned RC (ResourceConservation).
MEMORANDUM
Principal Planner February 1, 2023
• The intent of the adjustment is to align the shared property line with the center of the on-site portion of Little Chico Creek.
• Existing parcels meet the minimum parcel area standard of 40 acres and minimum parcel width standard of 65 ft. mandated by the FR-40 zoning designation (Foothill Residential, 40-acre
minimum).
• 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 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 existing accessory structure development upon both parcels. No development permits have been submitted in conjunction with this request for a lot line adjustment.
• Both resultant parcels would retain access from an existing private easement (Crown Point Road)
off of SR-32, a state-maintained public highway.
• Both resultant parcels would meet the minimum parcel area standard of 40 acres and minimum
parcel width standard of 65 ft. mandated by the FR-40 zoning designation (Foothill Residential, 40-acre minimum).
• CAL FIRE/Butte County Fire Department, the Department of Public Health, Environmental Health Division, and the Land Development Division of Public Works reviewed the project. None objected to the proposed project subject to the conditions of approval noted in Exhibit A below.
• CAL FIRE/Butte County Fire Department provided clearance in their review, noting that the parcels are within the State Responsibility Area (SRA) and a High Fire Hazard Severity Zone
(HFHSZ).
• The Environmental Health Division of Public Health provided clearance in their review, noting that no septic system should be installed within 100 feet of Little Chico Creek.
• The Land Development Division of Public Works provided clearance in their review, applying
standard conditions related to recordation.
• Noticing was sent to the Chico Enterprise Record 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 Dan Christopher, APNs: 056-040-022 & 063-250-009, Project # LLA22-0019, subject to the following findings and Conditions of Approval in Exhibit A.
A. The adjusted lot line complies with applicable setbacks, design standards, and other provisions set-forth under the applicable zone.
a. The proposed boundary adjustment would not result in any structures, wells or septic systems being within zoning setbacks from property lines.
B. A review of the lot line adjustment application by the Department of Public Works and the
Environmental Health Division of the Public Health Department has taken place in accordance with Chapter 20-95-1, providing approval or conditional approval of the lot line adjustment.
a. The Department of Public Works has reviewed the and approved the project with three conditions.
b. The Department of Public Health Environmental Health Division and CAL FIRE/Butte County Fire Department have reviewed and approved the project without conditions.
C. The Lot Line Adjustment is consistent with the requirements of Butte County Code section
20-95.1.
D. No new parcels would be created by the lot line adjustment.
EXHIBIT A
CONDITIONS OF APPROVAL
Dan Christopher, LLA22-0019, APNs: 056-040-022 & 063-250-009
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
LLA22-0019 Plat