HomeMy WebLinkAboutMER21-0001 Project Approval Memo Department of Development Services Paula M. Daneluk, AICP, Director Curtis Johnson, Assistant Director 7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785
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TO: Dan Breedon, Planning Manager
FROM: Austin Forde, Assistant Planner
DATE: January 5, 2022
SUBJECT Approval of Merger MER21-0001 for Patti J. Samons to merge two (2)
parcels, APN: 064-500-010, of approximately 0.32 acres, and APN: 064-
500-011, of approximately 0.39 acres, into one parcel totaling approximately
0.71 acres.
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 language.
APN: 064-500-010 has the situs of 14025 Pineland Circle, Magalia, CA 95954, while APN:
064-500-011 has the situs of 14027 Pineland Circle, Magalia, CA 95954. The parcels lie north
of Ponderosa Way, approximately 2.5 miles northwest of Paradise city limits via Skyway. The
resultant parcel will retain both existing addresses.
PROJECT DESCRIPTION & SITE CHARACTERTICS:
• The lots are zoned RR-5 (Rural Residential, 5-acre minimum).
• There was previously a single family dwelling upon APN: 064-500-010, permitted by Building Permit 1741-79BP, and destroyed in the Camp Fire event. There was a manufactured unit upon APN: 064-500-011, permitted by Building Permit 3769-81MHI,
and also destroyed in the 2018 Camp Fire.
• No building permits associated with this lot merger application have been applied for. PROJECT ANALYSIS:
• All parcels are determined to have been legally created under the County’s Subdivision Ordinance and State Subdivision Map Act.
• The project was distributed to the Public Health Environmental Health Division, Public
Works Land Development Division, and CAL FIRE/Butte County Fire, for review.
• Environmental Health provided clearance for the merger, indicating they had no
objections to the proposed lot merger of the underlying lots, each having contained a single family residence with a permitted wastewater system prior to the Camp Fire, and
both being connected to public water. The division also noted that prior to any future residential rebuild a Camp Fire Septic Tank Inspection Form will be required.
• Public Works provided clearance for the merger, returning no further comment.
• CAL Fire provided clearance for the merger, noting that the subject parcels are within the State Responsibility Area (SRA) and a Very High Fire Hazard Severity Zone. 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 38 adjacent property owners and the Paradise Post.
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 (MER21-0001) for Patti J. Samons, APNs: 064-500-010 & 064-
500-011, 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.
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