HomeMy WebLinkAboutMER20-0002 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, AICP, Planning Manager
FROM: Tristan Weems, Associate Planner
DATE: July 29, 2020
SUBJECT Approval of Merger MER20-0002 for John Ross and Michele McCormick to
merge two (2) parcels: APNs 040-670-026 (.77 acres) and -027 (.67 acres)
totaling approximately 1.44 acres, zoned MDR.
PARCEL CREATION DEED INFORMATION:
Public Works Land Development Division has cleared the parcels for creation status and legality, and has reviewed and approved the merger certificate/legal description language.
The parcels are unaddressed and located on northwestern side of the intersection of Los
Cabos Drive and Oro Chico Highway adjacent to the Butte Creek Country Club approximately
2.5 miles south of the City of Chico city limits.
PROJECT DESCRIPTION & SITE CHARACTERTICS:
• Both parcels are zoned Medium Density Residential (MDR).
• Both parcels are presently vacant. PROJECT ANALYSIS:
• All parcels are shown to be legally-created by Parcel Map Book 190, Pages 67-69.
• The project was distributed to Public Works, Cal-Fire, and the Assessor’s Office for comments.
• The Assessor’s Office returned: “The Assessor’s Office is good to go with this project.”
• The Environmental Health Division returned: “Two lots merged to one. The resultant lot is planned for tie into the existing community wastewater system. See RWQCB approvals for this community wastewater system to receive 22 units.”
• Cal-Fire approved the merger without comment.
• Public Works returned revisions to the Plat and Legal Description, which were corrected by the applicant’s engineer – and re-reviewed and approved by Public Works.
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 to 10 adjacent property owners and the Chico Enterprise Record.
No public comments were received.
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 (MER20-0002) for John and Michele McCormick APNs 040-670-
026 and 027 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.