HomeMy WebLinkAboutLLA23-0014 Approval Memo_ApprovedDepartment 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 # LLA23-0014
FROM : Tristan White, Assistant Planner
DATE: February 21, 2024
SUBJECT: Lot Line Adjustment (LLA23-0014) for Emmett Jacobi; APNs: 040-170-024, 040-
170-025
PLANNING
MANAGER
SIGNATURE
Mark Michelena February 21, 2024
Project Description and Site Characteristics
• Emmett Jacobi has submitted an application to Butte County for a Lot Line Adjustment (Planning
File # LLA23-0014) between two parcels: APNs 040-170-025 (Parcel 1A) & 040-170-025 (Parcel
2A), both zoned Agriculture (AG-20). Existing parcel sizes are 0.862 acres (Parcel 1) and 1.862
acres (Parcel 2). The resultant parcel sizes are 0.781 acres (Parcel 1) and 1.943 acres (Parcel
2). Parcel 1 is addressed 9437 Lott Rd, and Parcel 2 is unaddressed. The project parcels are
located on the west side of Lott Road, approximately 525 feet north of Durham-Dayton Hwy.
Parcel 1A is located at 9437 Lott Road.
Parent Parcel APN Acres Before LLA Acres After LLA
Parcel 1A 040-170-025 0.862 0.781
Parcel 2A 040-170-024 1.862 1.943
• Both subject parcels are zoned AG-20 (Agriculture, 20-acre minimum) and have a land use
designation as AG (Agriculture) in the Butte County General Plan 2040.
• Surrounding parcels are zoned AG-20.
MEMORANDUM
• The reconfiguration results in an improved design for the affected parcels, which conforms to 24-
302 A. 3. The project would relocate property lines so the property on Parcel 1 runs an additional
46ft to the north. Parcel 2 takes the 178.75 feet of the western portion of Parcel 1, and runs an
additional 92.40 feet to the south.This gives both parcels easier access to the land that would
now be a part of their respective parcels.
• Parcel 1A is developed with a single-family residence. Parcel 2A is developed with an existing
shop and shed, which will transfer ownership to Parcel 1A after the Lot Line Adjustment. Parcel
2A will be undeveloped after the exchange.
Analysis
• The project would not result in the creation of any new parcels.
• Parcel 1A was cleared by Public Works for parcel creation by deed, 547-338, as a leftover from
parent deed, 3-56 (1928), in 1950.
• Parcel 2A was cleared by Public Works for parcel creation by deed, 547-338, in 1950.
• Both of the existing parcels are pre-existing nonconforming to the 20-acre minimum parcel size
of the AG-20 zone.
• Resultant Parcel 2A will be reduced in size from 0.862 acres to 0.781 acres, which is a 9.4%
percent reductions. This reduction is consistent with Butte County Code §24-302 A.1, which
allows for up to a 10 percent reduction of nonconforming parcels.
• Both the existing and proposed parcels will have frontage on Lott Road.
• Parcel 2A maintains frontage off Lott Road with this change. There is a proposed 40’ wide portion
of the lot that begins 40 feet south of the northernmost point of Parcel 1A for frontange to Lott
Road.
• The project parcels are not in an urban sphere of influence but is located within the Durham-
Dayton-Nelson Plan Area.
• The Land Development Division of Public Works, Environmental Health Division of Public Health,
and CAL FIRE/Butte County Fire Department reviewed the project. None objected to the
proposed project subject to the conditions of approval noted in Exhibit A below.
• Noticing was published in the local paper and mailed to 19 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. Find the Lot Line Adjustment is consistent with Butte County Code §24-302 A.1, which allows for
up to a 10 percent reduction of nonconforming parcels.Resultant Parcel 2A will be reduced in
size from 0.862 acres to 0.781 acres, which is a 9.4% percent reductions.
III. Approve the Lot Line Adjustment for Emmett Jacobi, APNs: 040-170-024 & 040-170-025, Project
# LLA23-0014, subject to the following findings and Conditions of Approval in Exhibit A:
EXHIBIT A
CONDITIONS OF APPROVAL
Emmett Jacobi, Lot Line Adjustment LLA23-0014
APNs: 040-170-024 & 040-170-025
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
LLA23-0014 Plat