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Home My WebLink AboutLLA23-0009 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 # LLA23-0009 FROM: Austin Forde, Assistant Planner DATE: October 9, 2023 SUBJECT: Lot Line Adjustment (LLA23-0009) for Kenneth & Paula Kaplan; APNs: 042-110- 036 & 042-110-037 PLANNING MANAGER SIGNATURE Project Description and Site Characteristics • Kenneth & Paula Kaplan are requesting a Lot Line Adjustment to transfer 0.03± acres between two (2) parcels (APNs: 042-110-036 & 042-110-037). Existing parcel sizes are 13.17± acres for Parcel 1 (APN: 042-110-036) and 9.68± acres for Parcel 2 (APN: 042-110-037). Resultant parcel sizes are 13.20± acres for Resultant Parcel 1 and 9.65± acres for Resultant Parcel 2. Parent Parcel APN Acres Before LLA Acres After LLA Parcel 1 042-110-036 13.17± 13.20± Parcel 2 042-110-037 9.68± 9.65± • The parcels are located at 3084 Kennedy Avenue, Chico, CA 95973, located approximately 1.4 miles west of the City of Chico limits via Kennedy Avenue. • Both parcels are zoned AG-40 (Agriculture, 40-acre minimum) and designated AG (Agriculture) by the Butte County General Plan 2040. • Surrounding parcels on all sides of the subject parcels are zoned AG-40 (Agriculture, 40-acre minimum). MEMORANDUM • The intent of the adjustment is to reorient the boundary between Parcels 1 & 2 such that the property is divided north-to-south, as opposed to east-to-west. • 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 an existing residence, accessory structure, and an orchard upon Parcel 1. Parcel 2 is developed with an orchard use. • No development permits have been submitted in conjunction with this request for a Lot Line Adjustment. • The proposed lot line adjustment would meet current planning setbacks to all structures. • Resultant Parcel 1 will have access off Kennedy Avenue. Resultant Parcel 2 will have access off Muir Avenue. • The existing parcels do not meet the 40-acre minimum of AG-40 Zone. • Butte County Zoning Code section 24-302 allows an exception for a lot line adjustments on parcels that do not meet the zoning minimum. The exception allows for a nonconforming parcel to be adjusted as long as it doesn’t reduce the size by more than 10% with specific findings. - Parcel 2 will be reduced from 9.68± acres to 9.65± acres, which is a less than 1% reduction. - The adjusted lot lines comply with applicable setbacks, design standards, and other provisions of the zone. - The lot line adjustment was reviewed by the Department of Public Works and the Environmental Health Division of the Public Health Department. - The exception to the parcel size minimum does not conflict with the previously recorded parcel map, and the parcel is not within a Williamson Act contract. • The Butte County Agricultural Commissioner’s Office, the Butte County Fire, 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 provided clearance in their review, noting that as the parcels are within the Local Responsibility Area (LRA), Butte County Fire has jurisdiction and is not within a Fire Hazard Severity Zone. • The Environmental Health Division of Public Health provided clearance in their review after receiving an updated plat, noting that the proposed lot line adjustment will not create a less- conforming parcel. • The Department of Public Works provided clearance in their review, noting that the parcels were created by Parcel Map, Book 130 MOR 23-25. • Notice was sent to the Chico Enterprise-Record and mailed to 10 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 Kenneth & Paula Kaplan, APNs: APNs: 042-110-036 & 042- 110-037, Project # LLA23-0009, subject to the following findings and Conditions of Approval in Exhibit A. A. The lot line adjustment complies with Butte County Code section 24-302, Exceptions for minimum parcel size. a. Parcel 2 will be reduced from 9.68± acres to 9.65± acres, which is a less than 1% reduction. b. The exception to the parcel size minimum does not conflict with the previously recorded parcel map, and the parcel is not within a Williamson Act contract. B. 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. C. 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. D. The Lot Line Adjustment is consistent with the requirements of Butte County Code section 20-95.1. E. The lot line adjustment would create no new parcels. EXHIBIT A CONDITIONS OF APPROVAL Kenneth & Paula Kaplan, LLA23-0009, APNs: 042-110-036 & 042-110-037 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. Agricultural Commissioner 1. Pursuant to BCC. Sec 24-83, a 300 ft. agricultural buffer setback for new residential development will be applied from all property lines abutting Agricultural zones. 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 LLA23-0009 Plat