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HomeMy WebLinkAboutLLA23-0003 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 # LLA23-0003 FROM : Tristan Weems, AICP Senior Planner DATE: March 28, 2023 SUBJECT: Lot Line Adjustment (LLA23-0003) for Jack LaPant, APNs: 047-100-117 and 047-100-198 PLANNING MANAGER SIGNATURE Project Description and Site Characteristics •APN 047-100-117 is located at 14822 Meridian Meadows Lane, and 047-100-198 is located at 14710 Hwy 99. •The project parcels are located approximately 4 miles northwest of Chico city limits. •The parcels have the General Plan land use designation of Agriculture, APN 047-100-117 is zoned AG-20 (Agriculture, 20-acre minimum), and APN 047-100-198 is zoned AG-40 (Agriculture, 40-acre minimum). •According to the Federal Emergency Management Agency (FEMA) floodplain mapping of the project area, the project site is located in an area of minimal flood hazard, and are labeled Zone X (unshaded). (https://www.fema.gov/flood-zones) •The land gently slopes towards the south west with a uniform elevation on the project site at 200 feet above sea level. Parcel APN Acres Before LLA Acres After LLA A 047-100-198 236.73 156.12 B 047-100-117 10.04 90.65 MEMORANDUM Principal Planner Analysis • The project would not result in the creation of any new parcels. • Lot Creation Status verified by County Surveyor: • APN 047-100-117 – Created by deed 1741-692 in March 1972 • APN 047-100-198 – Created by LLA, 2016-0036535, 2016 approved by County. • APN 047-100-117 is 10.04 acres and does not meet the 20-acre zoning minimum (AG-20). • APN 047-100-198 is 236.73 acres and meets the 40-acre zoning minimum (AG-40). • Resultant parcel A parcel size, 156.12 acres, is consistent with the 40-acre minimum zoning. • Resultant parcel B parcel size, 90.65, is consistent with the 20 and 40-acre minimum zoning. • 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. • The Agricultural Commissioner’s Office noted: “Proposed project would result in a 10-acre property becoming a 90-acre property and a 236-acre property becoming a 156-acre property. Zoning is Ag-20 and Ag-40. Any future residential development will be subject to 300 Ft Ag Setback, Display 300 Ft Ag setback on final recorded map resulting from LLA.” This setback will be evaluated at a future date of any residential development, through the Building Permit process. • Environmental Health provided the following comment: “Septic as-built received. Lot line adjustment only expands the parcel the septic and well are located on. Okay to approve.” • Noticing was published in the Chico Enterprise Record / Oroville Mercury Register and mailed to 17 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 Jack LaPant, APNs: 047-100-117 and -198. Project # LLA23- 0003, subject to the following findings and Conditions of Approval in Exhibit A. EXHIBIT A CONDITIONS OF APPROVAL Jack LaPant, Lot Line Adjustment LLA23-0003 APNs: 047-100-110 and 047-100-198 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 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 LLA23-0003 Plat