HomeMy WebLinkAboutLLA14-0002_Approval Memo_Final.pdf■ Butte County Department of Development Services ■ Maretti, LLA13-0017 ■
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Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR | PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
www.buttecounty.net/dds
ADMINISTRATION * BUILDING * PLANNING
MEMORANDUM
TO: Project File: LLA14-0002
FROM: Rebecca Schmidt, Assistant Planner
DATE: May 29, 2014
SUBJECT: Lot Line Adjustment (LLA14-0002) for Rachel Aleman; APNs:
079-270-027 & 079-270-073
Project Description and Site Characteristics
Rachel Aleman is requesting a Lot Line Adjustment (LLA) that will adjust the
boundary between two adjacent lots, resulting in a transfer of 9 ± acres from APN
079-270-073 to 073-270-027. The changes in lot sizes are detailed in the table
below.
Parcel APN Size Before
LLA
Size After
LLA Zoning
A 079-270-073 23.95± acres 14.95± acres RR5
B 079-270-027 11.40± acres 20.40± acres RR5
The project site is located at 135 Windfall Way and 68 Windfall Way, approximately
¼ miles southwest Foothill Blvd. Both parcels are located northeast of Oroville.
Parcel A was created by a Parcel Map with the Butte County Recorder’s Office
book 77 of maps page 4.
Parcel B was created by a deed July 14, 1971, book 1686, page 587.
Both Parcel A and Parcel B are developed with single family residences.
The proposed project would transfer the northern portion of Parcel A to Parcel B for
the purpose of Parcel A is no longer being divided by Windfall Way. Parcel A is now
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on the southern portion of Windfall Way. Both parcels will continue to have access
along Windfall Way.
Both parcels are zoned RR5 (Rural Residential, 5 acre minimum density) and are
designated as Rural Residential (RR) in the Butte County General Plan.
Access to Parcel B is provided by Windfall Way through the center of the parcel.
Access rights through Parcel A is provided by Windfall Way through the center of
the parcel.
Access to both Parcel A and Parcel B is provided by a driveway that connects
directly to Windfall Way.
Project Analysis
The proposed project would result in Parcel B being access off of Windfall Way to
the north and Parcel A being accessed off of Windfall Way to the south. The current
configuration of Parcel A is being accessed off of Windfall Way to the north and
south with Windfall Way in the center of the parcel.
Both existing parcels are conforming to the minimum parcel size requirement of 5
acres for the RR5 zone district. And, upon adjustment, both parcels would remain
conforming with the minimum parcel size requirement.
Upon adjustment, existing structures will continue to meet the applicable setbacks,
design standards and other provisions of the RR5 zone district.
The project would not result in the creation of any new parcels.
The subject parcels are not encumbered by a Williamson Act contract.
Pursuant to BCC, Section 20-95-1, The Public Works Department, Assessor’s
Office, Environmental Health Division, Cal-Fire/Butte County, were given the
opportunity to review this project. None of these departments objected to the
proposed project. The Public Works Department recommended Conditions of
Approval to be included with the project.
CEQA
This project is exempt from the requirements of the California Environmental Quality Act
(CEQA) under Section 15305 (a) of the CEQA Guidelines (Class 5 exemption), which
states:
Class 5 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:
(a) Minor lot line adjustments, side yard, and setback variances not resulting in the
creation of any new parcel.
ACTIONS FOR CONSIDERATION:
Staff recommends that the Zoning Administrator take the following action, requiring the
conditions of approval listed in EXHIBIT A:
I. Find that the project is exempt from environmental review under Section 15305 (a)
of the California Environmental Quality Act Guidelines (CEQA). A Class 5
exemption consists of minor alterations in land use limitations in areas with an
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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 set
back variances not resulting in the creation of any new parcel. Because the project
is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and
Game Code Section 711.4 and 14 CCR 753.5 is not required.
II. Approve the Lot Line Adjustment for Rachel Aleman, subject to the following
Findings, and Conditions of Approval in Exhibit A:
A. The subject parcels are legally-established lots.
B. The project would not result in the creation of additional parcels.
C. The adjusted parcels and the structures therein, meet with the applicable
setback and design standards, as set forth under the RR zone district.
D. The resultant parcels of proposed Lot Line Adjustment are consistent with the
Rural Residential (RR) General Plan land use designations.
E. The Public Works Department, Assessor’s Office, Environmental Health
Division, and Cal/Fire/ Butte County. None of these departments objected to the
proposed project. Conditions of Approval have been recommended by Public
Works.
F. The resultant parcel size for Parcel A (079-270-073) will be 14.95 acres. The
resultant parcel size for Parcel B (079-270-027) will be 11.40 acres. Each
resultant parcel will be consistent with the minimum parcel size requirements
for the RR5 zone district.
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EXHIBIT A
CONDITIONS OF APPROVAL
Rachel Aleman, APN 079-270-027 and 079-270-073, Project # LLA14-0002:
A lot line adjustment to adjust the property line (APN 079-270-027 & 079-270-073) between two
parcels. Existing parcel sizes are 23.95 acres (079-270-073) and 11.40 acres (079-270-027). The
lot line adjustment will transfer 9 ± acres from APN 079-270-073 to 079-270-027. Resultant parcel
sizes will be 14.95 acres (079-270-073) and 20.40 acres (079-270-027).
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 the original lots or parcels was created by map. If a
record of survey is prepared to show the lot line adjustment, recording 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 do not show all
easements of record on or affecting said lots or parcels.
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Tentative Lot Line Adjustment Map
Map not to scale