HomeMy WebLinkAboutMER21-0002 Project Approval MemoDepartment 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 buttecounty.net/dds
TO: Dan Breedon, Planning Manager
FROM: Austin Forde, Assistant Planner
DATE: January 5, 2022
SUBJECT Approval of Merger MER21-0002 for Dan McManus to merge three (3)
parcels under one APN: 062-160-050. Lot 96 of approximately 0.141 acres,
and Lots 97 & 98 of approximately 0.145 acres each will be merged into one
parcel totaling approximately 0.431 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: 062-160-050 is located at 194 Lakeside Way, Berry Creek, CA 95916. The parcels lie
south of Oroville Quincy Highway, approximately 17.9 miles northeast of Oroville city limits via
Oroville Quincy Highway. The resultant parcel will retain the existing address.
PROJECT DESCRIPTION & SITE CHARACTERTICS:
•The lots are zoned LDR (Low Density Residential, 13,500 sq. ft. minimum).
•There was previously a single family dwelling upon lot 98, APN: 062-160-050, built before Butte County Building requirements and destroyed in the North Complex Fire.
•A Building Permit for a residential rebuild (B21-3173) has been submitted to Development Services.
PROJECT ANALYSIS:
•All parcels are determined to have been legally created under the County’s SubdivisionOrdinance 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 containing an existing septicsystem.
•Public Works provided clearance for the merger, requiring minor revisions to the
Certificate of Merger that were made, re-reviewed, and approved by Public Works LandDevelopment.
•CAL Fire provided clearance for the merger, noting that future development shall adhereto the CA Fire Code, Fire Safe Regulations, and current Butte County Improvement
Standards.
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 27 adjacent property owners and the Oroville Mercury Register.
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 (MER21-0002) for Dan McManus, APN: 062-160-050, 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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