HomeMy WebLinkAboutLLA16-0014_Project Approval Memo
■ Butte County Department of Development Services ■ Lehmann, LLA16-0014■
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MEMORANDUM
TO: Project File: LLA16-0014
FROM: Tristan Weems, Assistant Planner
DATE: February 16, 2017
SUBJECT: Lot Line Adjustment (LLA16-0014) for Frank Lehmann; APNs: 047-060-037, 047-070-036, 047-070-038, 047-100-032
Project Description and Site Characteristics
A Lot Line Adjustment (Planning File # LLA16-0014) between four parcels (APN: 047-060-037 (77.37
acres), 047-070-036 (1.76 acres), 047-070-038 (105.65 acres), and APN: 047-100-032 (119.81 acres)). The resultant parcel sizes are 139.72 acres, 2.57 acres, 82.30 acres, and 80.00 acres.
Parcel Assessor Parcel No. Existing Acreage Proposed Acreage Current Zoning
A 047-060-037 77.37 139.72 AG-80
B 047-060-036 1.76 2.57 AG-80
C 047-070-038 105.65 82.30 AG-80
D 047-100-032 119.81 80.00 AG-80
• APN: 047-070-036 has the address of 5959 Broyles Road, Chico, 95973. The parcels are situated south of Broyles Road, 3,700 feet west of Hwy 99, approximately 7.5 miles north
west of the City of Chico city limits. The parcels are zoned AG-80 (Agriculture 80 acre
minimum).
• Parcel A is under Almond production and is devoid of structures.
• Parcel B has a 1,000 square foot residence (5959 Broyles Road), a garage/shed, and a hull drying facility.
• Parcel C and Parcel D are under Walnut production and are devoid of structures.
• There is an easement in favor of Pacific Telephone and Telegraph per Book 113 O.R. page
271 extends no more than 25’ onto the “2 DSD” LLC parcels from pole #570 (which was not located on the ground).
• APN: 047-060-037 consists of two valid parcels, created by deed, 341-192, in 1945, excepting therefrom 047-060-036 by lease in 1968, NOC in 1994.
• APN: 047-070-036 created as a remainder from parent parcel, 1551-318, and lease conveyance 1544-567, leaving -036 as a remainder on 9/5/68 and on 1972-tax role. Abuts
Co. Maintained Roadway.
• APN: 047-100-032 consists of two valid parcels, one parcel created by 341-192 in 1945,
and the other by 341-192 and on the 1972 tax role.
Project Analysis
• All existing structures would meet applicable setback requirements.
■ Butte County Department of Development Services ■ Lehmann, LLA16-0014■
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• The project would not result in the creation of any additional parcels.
• Pursuant to BCC, Section 20-95-1, The Public Works Department, Assessor’s Office, Environmental Health Division, the Agricultural Commissioner’s Office, and Cal-Fire were
given the opportunity to review this project. None of these departments objected to the
proposed project. The Assessor’s Office commented that, “Re: Williamson Act Parcels Parcel sizes (be it a new parcel or adjusted existing parcel) must meet the size
requirements set forth in the existing contract. If the existing contract is less restrictive
than current rules allow, a new contract may be required. The Land Conservation Act Committee should meet to discuss the matter. In the case presented, it is likely no parcel
can be less than 20 ac in size after reconfiguration. Blake Baily, Assistant Assessor” The Public Works Department recommended Conditions of Approval to be included with the project. The Agricultural Commissioner’s Office responded: “As long as the resulting
parcel acreages do not fall below existing or minimum Ag zoning, project does not present
any apparent adverse agricultural issues, no other conditions or mitigating measures.”
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 Frank Lehmann, subject to the following Findings, and Conditions of Approval in Exhibit A:
1. The project would not result in the creation of additional parcels.
2. 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.
■ Butte County Department of Development Services ■ Lehmann, LLA16-0014■
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EXHIBIT A
CONDITIONS OF APPROVAL
Frank Lehmann, APNs: 047-060-037, 047-070-036, 047-070-038, 047-100-032 Project # LLA16-0014:
A Lot Line Adjustment (Planning File # LLA16-0014) between four parcels (APN: 047-060-037
(77.37 acres), 047-070-036 (1.76 acres), 047-070-038 (105.65 acres), and APN: 047-100-032 (119.81 acres)). The resultant parcel sizes are 139.72 acres, 2.57 acres, 82.30 acres, and 80.00
acres.
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.
4.
5.
6.
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.
Reserve access to resulting parcel APN 047-100-032 in conformance with the Butte County Code. Minimum 60’ wide easement.
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.
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)
■ Butte County Department of Development Services ■ Lehmann, LLA16-0014■
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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 ■ Lehmann, LLA16-0014■
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Tentative Lot Line Adjustment Map