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Home My WebLink AboutLLA22-0020 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 # LLA22-0020 FROM: Austin Forde, Assistant Planner DATE: March 20, 2023 SUBJECT: Lot Line Adjustment (LLA22-0020) for Ron Pierce; APNs: 027-010-038 & 027- 101-037 PLANNING MANAGER SIGNATURE Project Description and Site Characteristics •Ron Pierce is requesting a Lot Line Adjustment to transfer 38.16± acres between two (2) parcels(APNs: 027-010-038 & 027-010-037). Existing parcel sizes are 232.65± acres for Parcel A (APN:027-010-038) and 20.65± acres for Parcel B (APN: 027-010-037). Resultant parcel sizes are194.49± acres (Resultant Parcel A) and 58.81± acres (Resultant Parcel B). Parent Parcel APN Acres Before LLA Acres After LLA Parcel A 027-010-038 232.65± 194.49± Parcel B 027-010-037 20.65± 58.81± •The two subject parcels are unaddressed and located west of Dunstone Drive, approximately6.5 miles southeast of the City of Oroville limits via Lower Wyandotte and Ophir Roads. •Both subject parcels are zoned RR-5 (Rural Residential, 5-acre minimum) and designated as RR(Rural Residential) by the Butte County General Plan 2030. •All surrounding parcels share the same RR-5 zoning designation (Rural Residential, 5-acreminimum). MEMORANDUM Tristan Weems, Senior Planner • The intent of the adjustment is to capture grazing land and an existing agricultural structure currently upon Parcel A upon Resultant Parcel B (APN: 027-010-037). • Existing parcels meet the minimum parcel area standard of 5 acres and minimum parcel width standard of 65 ft. mandated by the RR-5 zoning designation (Rural Residential, 5-acre minimum). • According to the Federal Emergency Management Agency (FEMA) floodplain mapping of the project area, the two subject parcels are located in Special Flood Hazard Area, and labeled Zone A (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 Parcel A, with permits having been issued for a new domestic well and 4-bedroom wastewater system. Upon resultant Parcel B, permits for a new encroachment and domestic well have been issued, with a permit currently under review for a single-family dwelling. • A Tentative Parcel Map application (File No # TPM22-0004) has been applied for upon APN: 027- 010-038 for a subdivision of 4 lots and a designated remainder. • Current planning setbacks would be met by the proposed lot line adjustment. • Both resultant parcels would retain access from Dunstone Drive, a County-maintained roadway. • Both resultant parcels would meet the minimum parcel area standard of 5 acres and minimum parcel width standard of 65 ft. mandated by the RR-5 zoning designation (Rural Residential, 5- 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 without comment. • The Environmental Health Division of Public Health provided clearance in their review, noting that, per the recently revised Tentative Parcel Map (TPM22-0004), the locations of existing wells and septic systems have been accurately shown and will remain on their respective parcels after the proposed lot line adjustment. They noted that the clearance provided for this Lot Line Adjustment is distinct from that for PREAP22-0092, required for staff review of the submitted Tentative Parcel Map. • The Land Development Division of Public Works provided clearance in their review, noting the parcels were legally created by map, and applying standard conditions related to recordation. • Noticing was sent to the Oroville Mercury-Register and mailed to 21 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 Ron Pierce, APNs: 027-010-038 & 027-010-037, Project # LLA22-0020, 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 five 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 Ron Pierce, LLA22-0020, APNs: 027-010-038 & 027-010-037 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 LLA22-0020 Plat TPM22-0004 (Revised Plat)