HomeMy WebLinkAboutLLA24-0004 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 # LLA24-0004
FROM : Tristan White, Assistant Planner
DATE: October 14, 2024
SUBJECT: Lot Line Adjustment (LLA24-0004) for R. H. Emmerson & Son LLC; APNs: 071-050-006, 071-050-072, 071-490-005, 071-050-007, 071-050-079, 071-050-080,
071-050-081, & 071-050-092
PLANNING
MANAGER
SIGNATURE
Tristan Weems, AICP, Senior Planner
Project Description and Site Characteristics
• R. H. Emmerson & Son, LLC has submitted an application to Butte County for a
Lot Line Adjustment (Planning File # LLA24-0004) between three parcels across
eight APNS: 071-050-006 (Parcel A), 071-050-072 & 071-490-005 (Parcel B), 071-
050-007, 079, 080 – add this to additional sites in TRAKiT, 081, & 092 (Parcel C).
Parcel A (APN 071-050-006) is zoned TPZ (Timber Production). Parcel B (APNs
071-050-072 & 071-490-005) is zoned TPZ and TM (Timber Production and
Timber Mountain). Parcel C (APNs 071-050-007, -079, -080, -081, & -092) is zoned
TM (Timber Mountain). Existing parcel sizes are 4.89 acres (Parcel A), 517.25 acres
(Parcel B), and 528.16 acres (Parcel C). The resultant parcel sizes are 27.55 acres
(Parcel A), 668.19 acres (Parcel B), and 354.51 acres (Parcel C). The project site
is located in unincorporated Forbestown, throughout Lumpkin Rd, Bryant Ravine
Rd, and Mill Rd.
Parent Parcel APN Acres Before LLA Acres After LLA
Parcel A 071-050-006 4.89 acres 27.55 acres
Parcel B 071-050-072
071-490-005
517.25 acres 668.19 acres
MEMORANDUM
Parcel C 071-050-007
071-050-079
071-050-080
071-050-081
071-050-092
528.16 acres 354.51 acres
• Parcel A is zoned Timber Production (TPZ) and has a General Plan Designation of
Timber Mountain (TM).
• Parcel A is currently considered legal-nonconforming due to not meeting its acreage
minimum of 160 acres in the Timber Production (TPZ) zone. The resultant parcel will
remain legal-nonconforming but increase in size, from 4.89 acres to 27.55 acres.
• Parcel B is split-zoned Timber Mountain (TM) and Timber Production (TPZ) and has a
General Plan Designation of Timber Mountain (TM).
• Resultant Parcel B will obtain enough land to meet both its Timber Mountain (TM) and
Timber Production (TPZ) acreage minimums of 160 acres per zone.
• Parcel C is zoned Timber Mountain (TM) and has a General Plan Designation of
Timber Mountain (TM). The resultant parcel will meet the TM zoning minimum of 160
acres.
• Surrounding parcels’ zoning includes Public (PB), Timber Mountain (TM), and Timber
Production (TPZ).
Analysis
• The project would not result in the creation of any new parcels.
• Parcel A was cleared by Public Works found as an exception in deed 1219-424, 1963.
• Parcel B was cleared by Public Works created by deed 1219-424, 1963.
• Parcel C was cleared by Public Works created by deed 1219-424, 1963.
• Parcel A will have frontage and gain access from Bryant Ravine Rd.
• Parcel B & C will gain access and frontage from Lumpkin Rd.
• The Land Development Division of Public Works, Environmental Health Division of
Public Health, and the 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 18 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 15061(b)(3) Common
Sense Exemption. The Common Sense Exemption dictates that where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA.
II. Approve the Lot Line Adjustment for R. H. Emmerson & Son LLC, APNs: 071-050-006, 071-050-
072, 071-490-005, 071-050-007, 071-050-079, 071-050-080, 071-050-081, and 071-050-092
Project # LLA24-0004, subject to the following findings and Conditions of Approval in Exhibit A:
EXHIBIT A
CONDITIONS OF APPROVAL
R. H. Emmerson & Son LLC, Lot Line Adjustment LLA24-0004
APNs: (071-050-006), (071-050-072, 071-490-005), and (071-050-007, 071-050-079, 071-050-080,
071-050-081, 071-050-092)
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
LLA24-0004 Plat