HomeMy WebLinkAboutLLA14-0003_Project Approval Memo_Final■ Butte County Department of Development Services ■ David & Janet Weilein, LLA14-0003 ■
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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 Office
(530) 538-7785 Fax
www.buttecounty.net
www.buttegeneralplan.net
MEMORANDUM
TO: Project File: LLA14-0003
FROM: Rowland Hickel, Senior Planner
DATE: June 24, 2014
SUBJECT: Lot Line Adjustment (LLA14-0003) for David & Janet Weilein; APNs:
047-560-089 & 047-560-091.
Project Description and Site Characteristics
The applicant is requesting a Lot Line Adjustment (LLA) that will adjust the boundary between
two adjacent lots, resulting in the transfer of 5.39 acres between two legal lots. Information of lot
sizes are detailed in the table below.
Parcel APN Size Before
LLA
Size After
LLA Zoning
A 047-560-089 19.81± acres 25.20± acres RR-5
B 047-560-091 9.89± acres 4.50± acres RR-5
The project site is located at 700 Oasis Drive, ½ mile east from Hicks Lane, and directly north
from the Chico Airport.
Parcel A was created by Grant Deed (Book 1118, Page 379) & (Book 1235, Page 537), recorded
on March 28, 1963. Parcel B has been verified to be a legal lot with the approval of prior
permits.
Parcel A is presently used for vineyard cultivation and is developed with a single-family
residence. Parcel B is used for vineyard cultivation and is developed with a single-family
residence.
Wastewater disposal to both existing residences is provided by individual on-site septic systems.
Water service to both existing residences is provided by on-site domestic wells.
The proposed adjustment would transfer the vineyards on Parcel B to Parcel A. The existing
residences would continue to be located on separate parcels.
■ Butte County Department of Development Services ■ David & Janet Weilein, LLA14-0003 ■
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The existing domestic well and the driveway for Parcel B is proposed to be transferred to Parcel
A. A 50-foot wide easement for ingress, egress and utilities that would encompass the well and
driveway to Parcel B, is proposed.
Both parcels are zoned RR-5 (Rural Residential, 5 acre minimum parcel size) and are
designated as Rural Residential (RR) in the Butte County General Plan.
Project Analysis
Both subject parcels are in conformance to the minimum parcel size requirement of 5 acres.
Resultant Parcel B would no longer be in conformance with the 5 acre minimum parcel size
requirement for the RR-5 zone.
Pursuant to BCC, Section 24-302, the Zoning Administrator may grant an exception for a
proposed lot line adjustment when an existing parcel is smaller than the minimum parcel size
requirement, if one of the following exists:
1) The lot line adjustment would reduce the parcel size by no more than 10 percent or 10
acres, whichever is less;
2) The lot line adjustment would reduce the 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;
3) The lot line adjustment would improve health or safety conditions, or improve the design
of the existing affected lots without altering the existing land uses thereon.
Resultant Parcel B would be reduced by no more than 10 percent of the minimum parcel size of
5 acres, resulting in a reduction to the size of the parcel to 4.5 acres. Because the parcel is not
being reduced greater than 10 percent of the 5 acre minimum parcel size requirement, the
proposed project satisfies the criteria of BCC Section 24-302(A)(1).
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, and Cal-Fire/Butte County Fire Department were given the
opportunity to review this project. None of these departments objected to the proposed project.
The Public Works Department and Environmental Health Division 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.
■ Butte County Department of Development Services ■ David & Janet Weilein, LLA14-0003 ■
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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 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 David and Janet Weilein, 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. Pursuant to BCC, Section 24-302(A)(1), an exception to the minimum parcel size
requirement for lot line adjustment is hereby granted because the resultant parcel would be
reduced no greater than 10 percent of the minimum parcel size established for the subject
property.
■ Butte County Department of Development Services ■ David & Janet Weilein, LLA14-0003 ■
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EXHIBIT A
CONDITIONS OF APPROVAL
David and Janet Weilein, APN: 047-560-089 & 047-560-091; Project # LLA14-0003:
A lot line adjustment to reconfigure two existing parcels, resulting in the transfer of 5.39 acres
from Parcel B to Parcel A.
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 do not show all
easements of record on or affecting said lots or parcels.
■ Butte County Department of Development Services ■ David & Janet Weilein, LLA14-0003 ■
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Tentative Lot Line Adjustment Map
Map not to scale