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HomeMy WebLinkAboutLLA22-0023 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 # LLA22-0023 FROM: Austin Forde, Assistant Planner DATE: May 1, 2023 SUBJECT: Lot Line Adjustment (LLA22-0023) for James Criddle; APNs: 009-340-151 & 009- 340-150 PLANNING MANAGER SIGNATURE Project Description and Site Characteristics •James Criddle is requesting a Lot Line Adjustment to transfer 1.12± acres between two (2)parcels (APNs: 009-340-151 & 009-340-150). Existing parcel sizes are 4.24± acres for Lot A(APN: 009-340-151) and 5.76± acres for Lot B (APN: 009-340-150). Resultant parcel sizes are5.36± acres (Resultant Lot A) and 4.64± acres (Resultant Lot B). Parent Parcel APN Acres Before LLA Acres After LLA Lot A 009-340-151 4.24± 5.36± Lot B 009-340-150 5.76± 4.64± •The subject parcels are located at 571 Macedo Road and 606 Justeson Road, approximately 0.4or 0.6 miles west of the City of Gridley limits via Macedo Road or Justeson Road, respectively. •Both subject parcels are zoned VLDR (Very Low Density Residential) and designated as VLDR(Very Low Density Residential) by the Butte County General Plan 2040. •Surrounding parcels to the east and south share the same VLDR zoning (Very Low DensityResidential). Parcels to the north and west are zoned AG-20 (Agriculture, 20-acre minimum). MEMORANDUM Rowland Hickel Senior Planner • Existing parcels meet the minimum parcel area standard of 1 acre and minimum parcel width standard of 65 ft. mandated by the VLDR zoning designation (Very Low Density Residential). • 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. • The intent of the adjustment is to capture a portion of an orchard currently on Lot A (009-340- 151) upon Lot B (APN: 009-340-150). • There is existing residential and agricultural development upon Lot A, and residential, agricultural, and accessory structure development upon Lot B. No development permits have been applied for in conjunction with this request for a lot line adjustment. • Current planning setbacks would be met by the proposed lot line adjustment. • Both resultant parcels would retain access from the County-maintained roadways currently used for primary access. • Both resultant parcels would meet the minimum parcel area standard of 1-acre and minimum parcel width standard of 65 ft. mandated by the VLDR zoning designation (Very Low Density Residential). • The Butte County Agricultural Commissioner’s Office, Butte County Fire, 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. • The Agricultural Commissioner’s Office provided clearance in their review, noting that the proposed adjustment would result in a change of 1.12 acres and pose no impact to neighboring agriculture. • Butte County Fire provided clearance in their review without comment. • The Environmental Health Division of Public Health provided clearance in their review, noting that the proposed adjustment would not significantly impact either lot. Wells and septic systems will remain on their respective lots to be served, and room will remain for future septic replacements. • The Land Development Division of Public Works provided clearance in their review, noting the parcels were legally created by gift deeds and prior permitting and applying standard conditions related to recordation. • Noticing was sent to the Gridley Herald and mailed to 11 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 James Criddle, APNs: 009-340-151 & 009-340-150, Project # LLA22-0023, 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 and approved the project with three conditions. b. The Department of Public Health Environmental Health Division, the Agricultural Commissioner’s Office, and Butte County Fire 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 James Criddle, LLA22-0023, APNs: 009-340-151 & 009-340-150 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 LLA22-0023 Plat