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HomeMy WebLinkAboutLLA24-0002 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 # LLA24-0002 FROM : Tristan White, Assistant Planner DATE: 6/6/2024 SUBJECT: Lot Line Adjustment (LLA24-0002) for Gary Cecchi; APNs: 079-330-048 & 079-330-046 PLANNING MANAGER SIGNATURE Mark Michelena June 7, 2024 Project Description and Site Characteristics • Gary and Jeanne Cecchi / Matt and Lynn Murray have submitted an application to Butte Coutny for a Lot Line Adjustment (Planning File # LLA24-0002) between two parcels: APNs 079-330-048 (Parcel A) & 079-330-046 (Parcel B), both zoned RR-5 (Rural Residential). Existing parcel sizes are 3.15 acres (-048) and 5.84 acres (-025). The resultant parcel sizes are 2.60 acres (-048) and 6.38 acres (-046). The project site is located at 18 Almquist Dr & 90 Grey Fox Ln, Oroville CA 95966, in East Oroville, just off Mt Ida Rd. Parent Parcel APN Acres Before LLA Acres After LLA Parcel A 079-330-048 3.15 2.60 Parcel B 079-330-046 5.84 6.38 • Both subject parcels are zoned RR-5 (Rural Residential, 5-acre minimum) and have a land use designation as RR (Rural Residential) in the Butte County General Plan 2040. • Surrounding parcels are zoned RR-5. MEMORANDUM • Parcel A is developed with a single-family residence, solar, and a well. Parcel B is developed with a single-family residence, various out structures, and a well. The exchange of land through this Lot Line Adjustment does not affect the ownership of existing structures. Analysis • The project would not result in the creation of any new parcels. • Parcel A was cleared by Public Works for parcel creation by parcel map 86 M 100. • Parcel B was cleared by Public Works for parcel creation through a previous Lot Line Adjustment. • Parcel A exists as a pre-existing nonconforming parcel to the 5-acre minimum parcel size of the RR-5 zone. • Resultant Parcel A will be reduced in size from 3.15 acres to 2.60 acres and Parcel B will be increased in size from 5.84 acres to 6.38 acres. • The lot line adjustment would reduce Resultant Parcel A size (2.6 acres) to a degree that is consistent with an average size (2.3 acres) of parcels in the immediate vicinity that are located within the same zoning district. • Parcel A gains and will maintain frontage off Almquist Rd and Parcel B gains and will maintain frontage off Grey Fox Ln. • The project parcels are in the City of Oroville’s urban sphere of influence. • 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.2, which allows for a reduction in parcel size to a degree that is consistent with an average size of parcels in the immediate vicinity that are located within the same zoning district. Resultant Parcel A will be reduced to 2.6 acres, which is consistent with the average parcel size of parcels in the surrounding area (2.3 acres). III. Approve the Lot Line Adjustment for Gary Cecchi, APNs: 079-330-048 & 079-330-046, Project # LLA24-0002, subject to the following findings and Conditions of Approval in Exhibit A: EXHIBIT A CONDITIONS OF APPROVAL Herby Votaw, Lot Line Adjustment LLA24-0002 APNs: 079-330-048, 079-330-046 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 LLA24-0002 Plat