HomeMy WebLinkAboutLLA14-0008_Project Approval Memo_Final■ Butte County Department of Development Services ■ Robert and Shirely Brown, LLA14-0008 ■
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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
MEMORANDUM
TO: Project File: LLA14-0008
FROM: Rowland Hickel, Senior Planner
DATE: November 10, 2014
SUBJECT: Lot Line Adjustment (LLA14-0008) for Robert and Shirley Brown; APNs:
038-150-012, 038-150-048, 038-210-004 & 038-210-005.
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 ±96.6 acres from Parcel 2 to Parcel 1. Parcel
information are detailed in the table below:
Parcel APN Size Before
LLA
Size After
LLA Zoning
1 038-150-048 ±188.8 acres ±285.4 acres AG-160
2 038-150-012
038-210-004
& -005
±542.0 acres ±445.4 acres
AG-160
/ AG-80
The project site is located along the west side of Adobe Road, north of Nelson Road, 3 miles
northeast from the community of Nelson.
Parcel 1 was created by a Certificate of Merger (2004-0014568), recorded on March 16, 2004.
Parcel 2 was created by Grant Deed (Vol. 276, Pg. 82), recorded on November 13, 1941.
Parcels 1 and 2 are primarily used for the cultivation of rice and as grazing lands. Accessory
agricultural buildings are located on both parcels.
The ±96.6 acres proposed to be transfer are currently under rice production.
The subject parcels are encumbered under a Williamson Act contract (Book 2051, Page 33).
The contract was originally established by Richard and Lisbeth Harter in December 11, 1975,
and encompasses approximately 1276 acres.
Parcel 1 is zoned AG-80 (Agriculture, 80 acre minimum parcel size). Parcel 2 is zoned AG-160
and AG-80. Approximately 110 acres of Parcel 2 is zoned AG-80, with the remaining 432 acres
■ Butte County Department of Development Services ■ Robert and Shirely Brown, LLA14-0008 ■
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zoned AG-160. Both parcels are designated as Agriculture (AG) in the Butte County General
Plan.
Project Analysis
All existing parcels are in conformance with the minimum parcel size requirement designated by
zoning. Upon adjustment, both resultant parcels would continue to be in conformance with
zoning.
All existing structures would meet applicable setback requirements. No structures are located
within the portion of land to be transferred.
The project would not result in the creation of any new parcels.
The resultant parcels meet the 80 acre minimum parcel size for lands used for irrigated rice
production, and the 160 acre minimum parcel size for lands used for dry land grazing,
established under Rule 5.A. of the 2007 Butte County Administrative Procedures and Uniform
Rules for Implementing the California Land Conservation (Williamson) Act.
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 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 Robert and Shirley Brown, 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 subject parcels are compatible with the Williamson Act and the Butte County
Administrative Procedures and Uniform Rules for Implementing the Williamson Act.
■ Butte County Department of Development Services ■ Robert and Shirely Brown, LLA14-0008 ■
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EXHIBIT A
CONDITIONS OF APPROVAL
Robert and Shirely Brown, APN: 038-150-012, 038-150-048, 038-210-004, 038-210-005;
Project # LLA14-0008:
A Lot Line Adjustment (LLA) that will adjust the boundary between two adjacent lots resulting in
the transfer of ±96.6 acres from Parcel 2 to Parcel 1.
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. The existing Williamson Act contract encumbering the subject parcels shall be
rescinded, and simultaneously entered into new contract(s) that reflect the resultant
parcels and conform to all rules and procedures in effect at the time of approval of the
subject Lot Line Adjustment. The applicant shall be responsible for submitting all
applicable applications to modify the existing contracts, together with all applicable
fees.
5. The Lot Line Adjustment and the new Williamson Act contract(s) for the subject parcels
shall be recorded concurrently upon a determination by the Butte County Board of
Supervisors that the proposed Lot Line Adjustment applications are consistent with
California Government Code, Section 66474.4 / 51257(a) and findings in Rule 7.B of
the Butte County Administrative Procedures and Uniform Rules for Implementing the
California Land Conservation (Williamson) Act, January 23, 2007.
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 ■ Robert and Shirely Brown, LLA14-0008 ■
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Tentative Lot Line Adjustment Map
Map not to scale