HomeMy WebLinkAboutLLA17-0003 Project Approval Memo
■ Butte County Department of Development Services ■ Robert and JoAnne Kidd, LLA17-0003■
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MEMORANDUM
TO: Project File: LLA17-0003
FROM: Tristan Weems, Assistant Planner
DATE: May 4, 2017
SUBJECT: Lot Line Adjustment (LLA17-0003) for Robert and JoAnne Kidd; APNs: 038-170-026, 038-170-027
Project Description and Site Characteristics
A Lot Line Adjustment (Planning File # LLA17-0003) between two parcels: APNs 038-170-026 and 038-170-027. APN: 038-170-026 has 8.94 acres before the LLA. APN: 038-170-027 has 49.32 acres before the LLA. Resultant Parcel “A” will have 29.02± acres and resultant Parcel “B” will have
29.02± acres.
Parcel Assessor Parcel No. Existing
Acreage
Parcel Proposed
Acreage
Current
Zoning
1 038-170-026 8.94± A 29.02± AG-20
2 038-170-027 49.32±
B 29.02± AG-20
• The parcels are located on the south side of Hanlon Road and east of Durnel Drive,
approximately ½ mile west of the Midway, one mile south of the Town of Durham. The parcels are zoned AG-20 (Agriculture – 20-acre minimum).
• Parcel One – on 1972 tax rolls, abuts county maintained roadway (no creation deeds provided).
• Parcel Two – created 8/5/63 by deed, 1262-158 and 1111-493. Project Analysis
• Both parcels are currently vacant and under Agricultural production (orchard crops).
• The project would not result in the creation of any additional parcels.
• Pursuant to BCC, Section 20-95-1, The Public Works Department, Agricultural Commissioner’s Office, Assessor’s Office, Environmental Health Division, 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 reported
that the “Project does not present any significant impact to adjacent agriculture lands. No
adjacent commercial production agriculture. Not apparent additional agricultural issues. No other conditions or mitigating measures.”
• The proposed LLA conforms to setback requirements. CEQA
■ Butte County Department of Development Services ■ Robert and JoAnne Kidd, LLA17-0003■
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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 JoAnne Kidd, subject to the following Findings, and Conditions of Approval in Exhibit A:
■ Butte County Department of Development Services ■ Robert and JoAnne Kidd, LLA17-0003■
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EXHIBIT A
CONDITIONS OF APPROVAL Robert and JoAnne Kidd, APNs: 038-170-026, 038-170-027.
Project # LLA17-0003: A Lot Line Adjustment (Planning File # LLA17-0003) between two parcels: APNs 038-170-026
and 038-170-027. APN: 038-170-026 has 8.94 acres before the LLA. APN: 038-170-027 has 49.32 acres before the LLA. Resultant Parcel “A” will have 29.02± acres and resultant Parcel
“B” will have 29.02± 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.
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.
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 JoAnne Kidd, LLA17-0003■
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