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HomeMy WebLinkAboutLLA25-0002 Project 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 # LLA25-0002 FROM : Mark Michelena, Principal Planner DATE: March 11, 2025 SUBJECT: Lot Line Adjustment (LLA25-0002) for John J. Nock, Trustee; APN: 039-290-036 PLANNING MANAGER SIGNATURE Rowland Hickel, Senior Planner Project Description and Site Characteristics • John J. Nock, Trustee of the Joe & Lorraine Family Trust, has submitted an application to Butte County for a Lot Line Adjustment (Planning File # LLA25-0002) between three (3) parcels with one APN (039-290-036). Existing parcel sizes are 0.446 acres, 1.354 acres and 95 acres, respectively. The project would result in three parcels of 1.8 acres, 36.6 acres and 58.4 acres. The project parcels are located at 4152 Ord Ferry Road, 0.25 miles southwest of the community of Dayton. Parcel APN Acres Before LLA Acres After LLA Lot 1 039-290-036 +/- 95 +/- 58.4 Lot 2 039-290-036 +/- 1.354 +/- 36.6 Lot 3 039-290-036 +/- 0.446 +/- 1.8 • The subject parcels are zoned AG-40 (Agriculture 40 acre minimum). The parcels' Butte County General Plan land use designation is Agricultural. • Surrounding parcels are zoned AG-40 and largely consist of single-family residential uses and orchards. MEMORANDUM • The existing 95-acre parcel is developed with a single family dwelling, accessory structures and an orchard. The 0.466 acre and 1.354 acre parcels are undeveloped but include part of the existing orchard. • The resultant 1.8-acre parcel will include a portion of the orchard and will be located on the southeast side of Ord Ferry Road. The resultant 36.6-acre parcel will include all the existing development and a part of the orchard. The resultant 58.4-acre parcel will not include any development, but will include part of the orchard. • All structures will meet the AG-40 setbacks after the Lot Line Adjustment. Analysis • The project would not result in the creation of any new parcels. • The Butte County Public Works Department verified that both parcels were created in conformance with the Subdivision Map Act and local regulations per recorded documents 1592- 412 (May 1968), 1854-625 (August 1973, County conveyed) and 2098-216 (August 1976, County conveyed). • The lot line adjustment will make two substandard size parcels and make them larger, 0.446 acres to 1.8 acres and 1.354 acres to 36.6 acres. The third parcel is currently and will remain conforming, 95 acres to 58.4 acres, to the AG-40 zoning • The Land Development Division of Public Works, Environmental Health Division of Public Health, Agricultural Commissioners Office and Butte Fire reviewed the project. None of the agencies objected to the proposed project subject to the conditions of approval noted in Exhibit A below. CEQA Issues This project is exempt from the California Environmental Quality Act (CEQA) requirements 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 John J Nock, Trustee, APN: 039-290-036; Project # LLA25- 0002, subject to the Conditions of Approval in Exhibit A: EXHIBIT A CONDITIONS OF APPROVAL Joe and Lorraine Nock Family Trust, Lot Line Adjustment LLA25-0002 APN: 039-290-036 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. LLA25-0002 Plat