HomeMy WebLinkAboutLLA24-0009 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 # LLA24-0009
FROM : Tristan White, Assistant Planner
DATE: November 27, 2024
SUBJECT: Lot Line Adjustment (LLA24-0009) for Ellena Waller; APNs: 024-130-064 & -065
PLANNING
MANAGER
SIGNATURE
Mark Michelena November 27, 2024
Project Description and Site Characteristics
• Ellen Waller submitted an application to Butte County for a lot line adjustment
(Planning File # LLA24-0009) between two parcels, APNs: 024-130-065 (0.45
acres, Parcel A) & 024-130-064 (17.15 acres, Parcel B). Resultant parcel sizes
are 2.17 acres for Resultant Parcel A, and 15.43 acres for Resultant Parcel B.
The parcels are located on the north side of Keith Avenue, at the intersection of
Keith and Thresher Avenue, approximately 2.3 miles southeast of the City of
Gridley.
Parent Parcel APN Acres Before LLA Acres After LLA
Parcel A 024-130-065 0.45 acres 2.17 acres
Parcel B 024-130-064 17.15 acres 15.43 acres
• Both parcels are zoned AG-20 (Agriculture 20-acre minimum) and has a General
Plan land use designation of Agriculture.
MEMORANDUM
• Surrounding parcels’ zoning are Agriculture (AG-20, AG-40).
• Parcel A is currently developed with a single-family dwelling.
• Parcel B is currently not developed with any structures, but is used for agricultural
purposes.
Analysis
• The project would not result in the creation of any new parcels.
• Parcel A was cleared by Public Works for creation by deed, 1288-157, in 1963.
• Parcel B was cleared by Public Works for creation by deed, 1288-157 from parent
deed, 82-279 in 1963.
• Parcel A (0.45 acres) is currently considered pre-existing nonconforming to the 20-
acre minimum parcel size of the AG-20 zone. The resultant parcel (2.17 acres) will
increase in size, nearer to the acreage minimum of its zone.
• Parcel B (17.15 acres) is currently considered pre-existing nonconforming t o the 20-
acre minimum parcel size of the AG-20 zone. The resultant parcel (15.43) will be
reduced by 10 percent, which is consistent with Butte County Code section 24-302
A.2 - The lot line adjustment would reduce parcel size by no more than ten (10)
percent or ten (10) acres, whichever is less.
• Both the existing and proposed parcels will have frontage on Keith Ave.
• 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 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 Ellena Waller, APNs: 024-130-064 & 024-130-065,
Project # LLA24-0009, 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 and approved the project with five
conditions.
b. The Butte County Fire Department, Environmental Health Division of Public Health, and Thermalito Water & Sewer District have all 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. Resultant Parcel A will increase in size and become less nonconforming to the minimum parcel size (20 acres) of the AG-20 zone.
E. Resultant Parcel B will decrease in size by ten (10) percent, which is in compliance with
Butte County Code section 24-302 A.2 for existing nonconforming parcels.
F. The lot line adjustment would create no new parcels.
EXHIBIT A
CONDITIONS OF APPROVAL
Ellena Waller, Lot Line Adjustment LLA24-0009
APNs: 024-130-064 & 024-130-065
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
LLA24-0009 Plat