HomeMy WebLinkAboutMER19-0004 Approval Memo Department of Development Services Paula M. Daneluk, AICP, Director Pete Calarco, Assistant Director 7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785
buttecounty.net/dds
TO: Daniel Breedon, Planning Manager
FROM: Tristan Weems, Associate Planner
DATE: August 5, 2020
SUBJECT Approval of Merger MER19-0004 for Jose H. Rojas to merge two (2) parcels:
APNs 062-160-036 and -037 totaling approximately 0.35 acres.
PARCEL CREATION DEED INFORMATION:
Parcels have been cleared by Land Development.
The parcels are located on the south side of Forest Way, the north side of Panorama Drive
and Echo Way, south of Oro Quincy Highway, approximately 11 miles southeast of the City
of Oroville city limits; in the Berry Creek area, in the community of Lake Madrone.
PROJECT DESCRIPTION & SITE CHARACTERTICS:
• Both parcels are zoned Low Density Residential (LDR). PROJECT ANALYSIS:
• Both parcels are legally-created..
• The project was distributed to Public Works, Cal-Fire, and the Assessor’s Office for comments.
• The Assessor’s Office commented, “Assessor’s office is good to go with this project, however, delinquent taxes must be paid prior to completing the merger.” Delinquent taxes were paid 8/16/2019.
• Cal-Fire provided the following two comments:,
1. Parcel is within the State Responsibility Area and a Very High Hazard Fire Severity
Zone.
2. Construction, installation or development of buildings and/or roads, driveways, gates
and bridges on parcels/lots shall comply with the latest California Fire Safe
Regulations—Public Resources Code 4290, 4291 and current Butte County
Improvement Standards, whichever is stricter.
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). This exemption includes
minor alterations in land use limitations with an average slope of 20 percent, and where the
project would not result in any changes in land use or density, including minor lot line
adjustments that do not result in the creation of any new parcels.
Public Comments
• The project was noticed and staff received one comment regarding the location of Echo Way – I informed the person that the parcel’s Echo Way boundary line will not change, and if there was a disagreement with its location to hire a surveyor and resolve through
civil means. ACTIONS FOR CONSIDERATION:
Staff recommends that the Director of Development Services take the following action:
I. Find that the project is exempt from environmental review under Section 15305 of the
California Environmental Quality Act (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 minor lot line adjustments
that do not result in the creation of any new parcels. 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 Merger (MER19-0004) for Jose H. Rojas APNs 062-160-036 and 037
subject to the following findings:
A. The proposed Merger is consistent with the requirements of Butte County Code
Section 20-180.3.
B. The subject parcels are legally established lots, created in conformance with Butte County Ordinance and the California Subdivision Map Act.
APPEALS:
Any interested person may appeal the decision of the Director of Development Services by
filing a notice of appeal with the Clerk of the Board of Supervisors within 10 calendar days as
provided in Sections 20-180.3 (h) and 20-66 of Butte County Code. A notice of appeal must
be accompanied by the appeal fee specified in Section 3-43 of Butte County Code.
MER19-0004 Plat