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Home My WebLink AboutLLA22-0027 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 # LLA22-0027 FROM: Austin Forde, Assistant Planner DATE: April 4, 2023 SUBJECT: Lot Line Adjustment (LLA22-0027) for George Nicolaus; APNs: 047-260-199 & 047-260-139 PLANNING MANAGER SIGNATURE Project Description and Site Characteristics •George Nicolaus is requesting a Lot Line Adjustment to transfer 0.61± acres between two (2) parcels (APNs: 047-260-199 & 047-260-139). Existing parcel sizes are 52.72± acres for Parcel A (APN: 047-260-199) and 1.54± acres for Parcel B (APN: 047-260-139). Resultant parcel sizes are 52.11± acres for Resultant Parcel A and 2.15± acres for Resultant Parcel B. Parent Parcel APN Acres Before LLA Acres After LLA Parcel A 047-260-199 52.72± 52.11± Parcel B 047-260-139 1.54± 2.15± •The parcels are located at 13816 & 13822 Highway 99, Chico CA 95973 and are located on theeast side of Highway 99, approximately 0.62 miles north of the City of Chico limits. •Parcel A is zoned VLDR (Very Low Density Residential, 1-acre minimum)/RC (ResourceConservation/AO-D (Airport Compatibility Overlay Zone D). The parcel is designated as VLDR (Very Low Density Residential) and RC by the Butte County General Plan 2030. The parcel isalso located in the North Chico Specific Plan (NCSP) with a zoning of SR-1 (Suburban Residential 1-acre minimum) and OS (Open Space). •Parcel B is zoned VLDR/AO-D. The parcel is designated as VLDR (very Low Density Residential) and RC (Resource Conservation) by the Butte County General Plan 2030. The parcel is alsolocated in the North Chico Specific Plan (NCSP) with a zoning of SR-1 (Suburban Residential 1-acre minimum) MEMORANDUM Principal Planner • Surrounding parcels to the north, west and south are predominantly zoned VLDR (Very Low Density Residential), with areas of RC (Resource Conservation) zoning adjacent to Highway 99 to the west and south, and a large parcel of AG-80 (Agriculture, 80-acre minimum) zoning to the west. • The intent of the adjustment is to primarily capture an existing, permitted accessory structure currently on Parcel A upon Resultant Parcel B (APN: 047-260-139), as well as slightly extend Parcel B’s southern property line. • Parcel A meets the RC and VLDR zones’ minimum parcel area standards of 1 acre and 40 acres, respectively, as well as the zones’ minimum parcel width standard of 65 ft. • Parcel B meets the VLDR zone’s minimum parcel area standard of 1 acre, as well as the zone’s minimum parcel width standard of 65 ft. Parcel B also currently meets the 130 ft lot width of the SR-1/NCSP zone. • 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 residential and accessory structure development upon Parcel B. There is an active agricultural use located upon parcel A, along with an accessory structure proposed to be captured on Parcel B by the adjustment. • No development permits have been submitted in conjunction with this request for a Lot Line Adjustment. • Current planning setbacks to all structures would be met by the proposed lot line adjustment. • Both resultant parcels would retain access from existing encroachments onto highway 99/SR- 99, a Caltrans-maintained public highway. • Resultant Parcel A would meet the RC and VLDR zones’ minimum parcel area standards of 1 acre and 40 acres, respectively, as well as the zones’ minimum parcel width standard of 65 ft. • Resultant Parcel B would meet the VLDR zone’s minimum parcel area standard of 1 acre, as well as the zone’s minimum parcel width standard of 65 ft. Resultant Parcel B would also meet the 130 ft lot width of the SR-1/NCSP zone. • 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 as the parcels are within the Local Responsibility Area (LRA), Butte County Fire has jurisdiction, and that the parcels are not within a Fire Hazard Severity Zone, • The Environmental Health Division of Public Health provided clearance in their review, noting that the proposed Lot Line Adjustment would not create a less conforming parcel, and that the existing septic and well upon parcel B would remain. • The Department of Public Works provided clearance in their review, noting the parcels were legally created by maps (42 M 13-14; 149 M 67-69). • Notice was sent to the Chico Enterprise Record and mailed to 16 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 George Nicolaus, APNs: 047-260-199 & 047-260-139, Project # LLA22-0027, 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 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 George Nicolaus, LLA22-0027, APNs: 047-260-199 & 047-260-139 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 LLA22-0027 Plat