HomeMy WebLinkAboutLLA14-0004_Project Approval Memo_Final.pdf■ Butte County Department of Development Services ■ Albert Amator, LLA14-0004 ■ Page 1 of 4
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: LLA14-0004
FROM: Rowland Hickel, Senior Planner
DATE: June 24, 2014
SUBJECT: Lot Line Adjustment (LLA14-0004) for Albert Amator; APNs: 040-020-144, -145, 040-060-024, -092, -093 & -100.
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 17.01 acres between two legal lots to create two
equally sized lots. Information of lot sizes are detailed in the table below.
Parcel APN Size Before LLA Size After LLA Zoning
A 040-060-092,
040-060-093, 040-060-100,
040-060-024
67.36± acres 50.35± acres
AG-40
B 040-020-144
040-020-145 33.34± acres 50.35± acres AG-40
• The project site is located on the north side of Oroville-Chico Highway, approximately 1 mine
east from Midway, and 2 miles south from the City of Chico.
• Parcel A was created as Parcel 2 by Parcel Map (94PM6 & 7), recorded on December 19, 1994.
Parcel B was created as Parcel 1 by Parcel Map (94PM6 & 7), recorded on December 19, 1994.
• Parcel A and B are presently used as orchards.
• The proposed adjustment would move the existing property line between the two parcels to create equally-sized parcels of 50.35 acres.
• Both parcels are zoned AG-40 (Agriculture, 40 acre minimum parcel size) and are designated as Agriculture (AG) in the Butte County General Plan.
■ Butte County Department of Development Services ■ Albert Amator, LLA14-0004 ■ Page 2 of 4
Project Analysis
• Both subject parcels are in conformance to the minimum parcel size requirement of 40 acres.
• 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 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 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 Albert Amator, 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.
■ Butte County Department of Development Services ■ Albert Amator, LLA14-0004 ■ Page 3 of 4
EXHIBIT A
CONDITIONS OF APPROVAL
Albert Amator, APN: 040-020-144, 040-020-145, 040-060-024, 040-060-092, 040-060-093 & 040060-100; Project # LLA14-0004:
A lot line adjustment to reconfigure two existing parcels, resulting in the transfer of 17.01 acres from Parcel A to Parcel B.
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 original lots or parcels was created by map. If
a record of survey is prepared to show the lot line adjustment, recording of 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.
■ Butte County Department of Development Services ■ Albert Amator, LLA14-0004 ■ Page 4 of 4
Tentative Lot Line Adjustment Map
Map not to scale