HomeMy WebLinkAboutLLA22-0021 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 # LLA22-0021
FROM : Tristan Weems, AICP Senior Planner
DATE: March 28, 2023
SUBJECT: Lot Line Adjustment (LLA22-0021) for Robert and Tamara Haines, APNs: 027-150-023 and -029
PLANNING
MANAGER
SIGNATURE
Project Description and Site Characteristics
•APN 027-150-023 has the address of 44 Co Co Lane, Palermo, CA 95966 and 027-150-029has the address of 60 Co Co Lane, Palermo, CA 95966.
•The project parcels are approximately three miles east of the City of Oroville city limits.
•The parcels have the General Plan land use designation of Rural Residential and are zonedRR-5 (Rural Residential, 5-acre minimum). The parcels are developed with structures anddriveways, parking areas.
•According to the Federal Emergency Management Agency (FEMA) floodplain mapping ofthe project area, the project site is located in an area of minimal flood hazard, and are labeledZone X (unshaded). (https://www.fema.gov/flood-zones)
•The land gently slopes away from a rise / plateau located in-between the two parcels, with auniform elevation on the project site at 612 feet above sea level.
MEMORANDUM
Principal Planner
Parcel APN Acres Before LLA Acres After LLA
1 027-150-023 5.00 5.00
2 027-150-029 5.00 5.00
The Lot Line Adjustment implements a 0.3 acre even exchange.
Analysis
• The project would not result in the creation of any new parcels.
• Lot Creation Status verified by County Surveyor:
• APN 027-150-023 – Created by Parcel Map Book 93 Page 18
• APN 027-150-029 – Created by Parcel Map Book 97 Page 79
• Existing and resultant parcels match the minimum parcel area standard (5 acres) of the Rural Residential zone.
• 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.
• Environmental Health provided the following comment: “A statement from the property owner of APN 027-150-023 stating no wells or septic system onsite will be required. The septic system and well site for APN 027-150-029 will need to be verified and added to the LLA map for review
and approval. Email sent to applicant.” The statement and revised plat were provided to the satisfaction of Environmental Health.
• Noticing was published in the Chico Enterprise Record / Oroville Mercury Register and mailed to 15 adjacent property owners. No public comment was received.
• The Lot Line Adjustment remedies the existing driveway serving the residence of APN 027-150-029 from its location on 027-150-023.
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 and Tamara Haines, APNs: 027-150-023 and -029. Project # LLA22-0021, subject to the following findings and Conditions of Approval in Exhibit A:
EXHIBIT A
CONDITIONS OF APPROVAL
Robert and Tamara Haines, Lot Line Adjustment LLA22-0021
APNs: 027-150-023 and 027-150-029
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 Department
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
LLA22-0021 Plat