HomeMy WebLinkAboutLLA15-0016_Project Approval Memo Department of Development Services Tim Snellings, Director
Pete Calarco, Assistant Director
7 County Center Drive T: 530.538.7601
Oroville, California 95965 F: 530.538.7785
■ Butte County Department of Development Services ■ John M. Bianchi, LLA15-0016 ■
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MEMORANDUM
TO: Project File: LLA15-0016
FROM: Tristan Weems, Assistant Planner
DATE: March 9, 2016
SUBJECT: Lot Line Adjustment (LLA15-0016) for John M. Bianchi; APNs: 038-210-
016, 019, 020, 024, 026, 027, 029, and 034.
Project Description and Site Characteristics
• A Lot Line Adjustment (LLA) to reconfigure the boundary between four (4) existing parcels. The LLA will reconfigure lot boundaries and result in two (2) final parcels. Parcel 1 has 940.6± acres before the LLA and will have 575.36 acres after the LLA, Parcel 2 has 204.7± acres before LLA
and 575.36 acres after the LLA, Parcel 3 has 11± acres before the LLA and 0 acres after, and
Parcel 4 has 2.8± acres before and 0 acres after. The project will also merge the illegal 50 foot parcel strips created by the railroad abandonments. Information is detailed in the table below:
Lot APN Existing Acres Resultant Acres
1 038-210-016
038-210-019
038-210-020
038-210-024
76.1±
162.7±
242.5±
458.9±
575.36
2 038-210-034 204.7± 575.36
3 038-210-026
038-210-027
9.2±
1.8±
0
4 038-210-029 2.8± 0
• The parcels are located at 7581 and 7560 Gala Lane, Durham, 6 miles southeast of the Midway and Durham Dayton Highway intersection.
• APNs 038-210-034 and -029 are currently under Rice production and are proposed to become
walnut orchard, and are encumbered under a Williamson Act contract per SN. 2011-0043194.
• APNs 038-210-016, -019, -020, -024 are Walnut orchards and are encumbered under a
Williamson Act contract per Book 2596 O.R. 333.
■ Butte County Department of Development Services ■ John M. Bianchi, LLA15-0016 ■
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• Both resultant parcels and their constituent APNs are designated Agriculture (AG) in the Butte
County General Plan.
• APNs 038-210-026, -027 and -029 comprise the strips of land left over by the railroad
abandonments.
Project Analysis
• All existing structures would meet applicable setback requirements.
• The project would not result in the creation of any additional parcels; rather, it would reduce
the number of parcels from four to two.
• All existing parcels are in conformance with the minimum parcel size requirement designated
by zoning except for APNs 038-210-026, 027, and -029 which are below the minimum parcel
size for the AG-80 and AG-160 zoning designations. Upon adjustment, the acreages of the resultant parcels will meet Zoning minimums.
• After Condition #7 of Exhibit A, has been met, both resultant parcels would be in conformance with zoning requirements.
• 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. The Agricultural Commissioner’s Office noted that as long as the proposed parcel
acreages do not fall below minimum Agricultural zoning the project does not present any
apparent adverse agricultural issues, with no other conditions or mitigating measures. The County Assessor’s Office noted Tax Rate Area issues, outlined below:
• Assessor Parcel Numbers (APNs) 038-210-016 and -019 have Tax Rate Areas (TRA) of 070-028. APNs 038-210-020, -024 are in TRA 070-005. APN 038-210-026 is in TRA 070-013.
APN 038-210-027 is in TRA 070-042. APN 038-210-029 is in TRA 070-033. APN 038-210-034 is in TRA 070-030. The state does not allow the Assessor’s Office to mix, match or merge TRAs. As a result, this Lot Line Adjustment will result in as many APNs as needed to make it
correct with respect to the State’s guidelines for the assessment. 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
■ Butte County Department of Development Services ■ John M. Bianchi, LLA15-0016 ■
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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 John M. Bianchi, subject to the following Findings, and
Conditions of Approval in Exhibit A:
1. The existing parcels, both legal and illegal will be merged to create legal lots.
2. The project would not result in the creation of additional parcels.
3. Upon adjustment and after meeting Condition #7 of Exhibit A, structures would meet the
applicable setbacks, design standards and other provisions of agriculture 80 acre minimum and
agriculture 160 acre minimums (AG-80 and AG-160) zone district.
4. The lot line adjustment shall be recorded concurrently with the updated Williamson Act
contract(s). Subsequently, the parcels will be compatible with the Williamson Act and the Butte County Administrative Procedures and Uniform Rules for Implementing the Williamson Act, see
Condition #6 of Exhibit A.
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EXHIBIT A
CONDITIONS OF APPROVAL
John M. Bianchi, APNs: 038-210-016, 019, 020, 024, 026, 027, 029, and 034. Project # LLA15-0016:
A Lot Line Adjustment (LLA) to reconfigure the boundary between four (4) existing parcels. The
LLA will reconfigure lot boundaries and result in two (2) final parcels. Parcel 1 has 940.6± acres before the LLA and will have 575.36 acres after the LLA, Parcel 2 has 204.7± acres before LLA and 575.36 acres after the LLA, Parcel 3 has 11± acres before the LLA and 0 acres after, and
Parcel 4 has 2.8± acres before and 0 acres after. The project will also merge the illegal 50 foot parcel strips created by the railroad abandonments.
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. Provide approved access to each resulting parcel in conformance with the
Butte County Code. Minimum 60’ wide easement.
5. 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.
6. 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.
7. The property owner shall be required to either obtain proper
permitting for the second dwelling on APN 038-210-019, or obtain a demolition permit and demolish the second dwelling on APN 038-
210-019 prior to recordation of the Lot Line Adjustment.
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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