HomeMy WebLinkAboutLLA23-0013 Approval Memo_Approved
Department 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 # LLA23-0013
FROM: Tristan White, Assistant Planner
DATE: January 23, 2024
SUBJECT: Approval of Lot Line Adjustment (LLA23-0013) for Karl Vorderbruggen; APN: 041-150-055 & 041-150-014
PLANNING MANAGER SIGNATURE:
Mark Michelena January 25, 2024
Project Description and Site Characteristics
• Karl Vorderbruggen has submitted an application to Butte County for a Lot Line Adjustment
(Planning File # LLA23-0013) between two parcels: APNs 041-150-055 & 041-150-014.
Existing parcel sizes are 49.14 acres and 10 acres, respectively. The lot line adjustment will
result in the two parcels being 47.767 acres and 11.373 acres. The project parcels are
located on the west side of Coal Canyon Rd at 681 Coal Canyon Rd, Oroville CA, 95965.
APN Acres Before LLA Acres After LLA
041-150-055 49.14 47.767
041-150-014 10 11.373
• The project would result in the transfer of 1.373 acres from APN: 041-150-055 to APN: 041-
150-014.
• All subject parcels are zoned AG-20 (Agriculture, 5-acre minimum).
• Surrounding zones include AG-20, AG-80, and AG-160.
• Parcel 041-150-055 is developed with a single-family residence and septic system. This Lot
Line Adjustment will relocate the residence to parcel 041-150-014.
• Parcels 041-150-014 is currently undeveloped.
MEMORANDUM
Analysis
• The project would not result in the creation of any new parcels.
• The Public Works Land Development Division has verified both parcels had been legally
created under the County’s Subdivision Ordinance. Parcel 041-150-055 was created by
deed 260-411 in 1942. Parcel 041-150-014 was created by deed 150 D 88/89 in 1915.
• The lot line adjustment is consistent with the requirements of Butte County Code section
24-302, Exceptions for minimum parcel sizes, which allows for a 10 percent reduction in
parcel size for a nonconforming parcel. APN 041-150-055 is being reduced from 49.14
acres to 47.767, which an approximately 3 percent reduction.
• 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.
• Neither property is not located within a Williamson Act Contract.
Public Comment
The project was noticed to 13 neighboring property owners and in the Oroville Mercury Register.
No public comments were received.
CEQA
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 categorically exempt from environmental review under Section 15305
of the California Environmental Quality Act (CEQA). A Class 5 exemption 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 minor lot line adjustments that do
not result in the creation of any new parcels.
II. Approve Lot Line Adjustment (LLA23-0012) for Ernest Talavera APN 065-510-010, -054, & -
062 Project # LLA23-0012 subject to the following findings and Conditions of Approval in
Exhibit A.
A. The proposed project is consistent with BCC section 24-302, Exceptions for minimum parcel size based on the following findings: parcel sizes are consistent, with a less than
10% reduction of parcel size per BCC section 24-302 A. 1 based on the following findings:
1. APN 041-150-055 is being reduced from 49.14 acres to 47.767, which an
approximately 3 percent reduction.
2. The adjusted lot line complies with applicable setbacks, design standards, and other provisions set forth under the applicable zone.
3. The Lot Line Adjustment is consistent with the requirements of Butte County Code section 20-95.1.
4. The exception granted pursuant to this article would not conflict with a recorded parcel map or subdivision map condition, note, or Williamson Act contract.
B. A review of the lot line adjustment application by the Department of Public Works,
Environmental Health Division of the Public Health Department, Agriculture Commissioner’s Office and Butte Fire, 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.
C. No new parcels would be created by the lot line adjustment.
EXHIBIT A
CONDITIONS OF APPROVAL
Karl Vorderbruggen, Lot Line Adjustment LLA23-0013
APNs: 041-150-055, 041-150-014
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 affect 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 parcel