HomeMy WebLinkAboutLLA16-0015_Project Approval Memo
■ Butte County Department of Development Services ■ Westermann Farms, LP, LLA16-0015■
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MEMORANDUM
TO: Project File: LLA16-0015
FROM: Tristan Weems, Assistant Planner
DATE: February 16, 2017
SUBJECT: Lot Line Adjustment (LLA16-0015) for Westermann Farms, LP APN: 047-020-015.
Project Description and Site Characteristics
A Lot Line Adjustment (Planning File # LLA16-0015) between two parcels (Lot 1: 21± acres, Lot 2: 399± acres) with one APN: 047-020-015. The resultant parcel sizes are 148± acres (Lot 1), and 272± acres (Lot 2).
Lot Assessor Parcel No. Existing Acreage Proposed Acreage Current Zoning
1 047-020-015 21± 148± AG-160
2 047-020-015 399± 272± AG-160
• APN: 047-020-015 has the address of 6858 Cana Highway, Chico. The parcels are located
approximately 10 miles northwest of the City of Chico city limits via Cana Highway. The parcels are zoned AG-160 (Agriculture 160 acre minimum).
• Lots 1 & 2 are currently under Agriculture production.
• APN: 047-020-015 is encumbered by a Williamson Act Contract.
• Easterly parcel (Lot 1) created in 1919 (Book V Deeds 484, 473 Deeds 492)
• Westerly parcel (Lot 2) created by 2/11/77 (2143-414). Prior permit validates parcel in 1993.
No DET required.
Project Analysis
• All existing structures would meet applicable setback requirements.
• 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 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.”
■ Butte County Department of Development Services ■ Westermann Farms, LP, LLA16-0015■
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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 Westermann Farms, LP, subject to the following
Findings, and Conditions of Approval in Exhibit A:
■ Butte County Department of Development Services ■ Westermann Farms, LP, LLA16-0015■
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EXHIBIT A
CONDITIONS OF APPROVAL Westermann Farms, LP, APN: 047-020-015.
Project # LLA16-0015: A Lot Line Adjustment (Planning File # LLA16-0015) between two parcels (Lot 1: 21± acres, Lot
2: 399± acres) with one APN: 047-020-015. The resultant parcel sizes are 148± acres (Lot 1), and 272± acres (Lot 2).
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.
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.
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.
■ Butte County Department of Development Services ■ Westermann Farms, LP, LLA16-0015■
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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.
■ Butte County Department of Development Services ■ Westermann Farms, LP, LLA16-0015■
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Tentative Lot Line Adjustment Map