The URL can be used to link to this page

Home My WebLink AboutLLA23-0004 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 # LLA23-0004 FROM: Austin Forde, Assistant Planner DATE: May 12, 2023 SUBJECT: Lot Line Adjustment (LLA23-0004) for Michael Salmiery; APNs: 072-460-034 & 072-460-047 PLANNING MANAGER SIGNATURE Project Description and Site Characteristics •Michael Salmiery is requesting a Lot Line Adjustment to transfer 0.95± acres between two (2) parcels (APNs: 072-460-034 & 072-460-047). Existing parcel sizes are 4.20± acres for Parcel 1 (APN: 072-460-034) and 8.39± acres for Parcel 2 (APN: 072-460-047). Resultant parcel sizes are 5.01± acres for Resultant Parcel 1 and 7.58± acres for Resultant Parcel 2. Parent Parcel APN Acres Before LLA Acres After LLA Parcel 1 072-460-034 4.20± 5.01± Parcel 2 072-460-047 5.01± 7.58± •The parcels are located at 19 & 53 John Mardon Lane, Oroville CA 95966, south of Old Olive Highway, approximately 5.5 miles southeast of the City of Oroville limits via Oro Quincy Highway. •Both parcels are zoned VLDR (Very Low Density Residential) and designated as VLDR (Very Low Density Residential) by the Butte County General Plan 2030. •Surrounding parcels to the north, west and south are zoned VLDR (Very Low Density Residential), with areas of FR-10 (Foothill Residential, 10-acre minimum) zoning present to the east of Parcel 2. MEMORANDUM Rowland Hickel Senior Planner • The intent of the adjustment is to extend Parcel 1’s southern property line further to the south. • Both parcels 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. • 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 within Zone X (unshaded) (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 1. There was a prior single-family residential use on Parcel 2 which burned in the 2017 Wall Fire and was subsequently demolished pursuant to B17-1630. • 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 existing access from John Mardon Lane, a private road easement. • Both resultant parcels would meet the VLDR zone’s minimum parcel area standard of 1 acre and minimum parcel width standard of 65 ft. • Butte County Fire Department, the Environmental Health Division of Public Health, 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. • Butte County Fire Department provided clearance in their review, noting that as the parcels are within the State Responsibility Area (SRA), Butte County Fire has jurisdiction, and that the parcels are within a Very High Fire Hazard Severity Zone. • The Environmental Health Division of Public Health provided clearance in their review, noting that existing wells and septic systems would remain on the parcels they currently serve. • The Department of Public Works provided clearance in their review, noting that Parcel 1 was legalized by prior permitting, and Parcel 2 by prior permitting and gift deeds (Reference # 2240- 410 & 1742-568). • Notice was sent to the Oroville Mercury Register and mailed to 12 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 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 Michael Salmiery, APNs: 072-460-034 & 072-460-047, Project # LLA23-0004, 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 three 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 Michael Salmiery, LLA23-0004, APNs: 072-460-034 & 072-460-047 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 LLA23-0004 Plat