HomeMy WebLinkAboutMER21-0004 Project 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: Dan Breedon, Planning Manager
FROM: Austin Forde, Assistant Planner
DATE: November 19, 2021
SUBJECT Approval of Merger MER21-0004 for Brian Burtenshaw to merge four (4)
parcels, APNs: 072-120-008 (2.00 acres), 072-120-009 (2.00 acres), 072-
120-020 (0.96 acres) & 072-120-012 (0.93 acres) into one parcel totaling
approximately 6.00 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: 072-120-008 is located at 5445 Miners Ranch Rd., Oroville, CA 95966. The adjoining
parcel to the south, APN: 072-120-009, is unaddressed. APN: 072-120-020 is located at 5415
Miners Ranch Rd., Oroville, CA 95966. APN: 072-120-012 is unaddressed. The parcels lie
west of Miners Ranch Rd, approximately 5.3 miles east of Oroville city limits via Oroville Quincy
Highway. The resultant parcel will retain the existing addresses.
PROJECT DESCRIPTION & SITE CHARACTERTICS:
• The lots are zoned MU-1 (Mixed Use, 10,000 sq. ft. minimum).
• There are existing residential uses upon APNs: 072-120-008 & 072-120-020.
• No building permits have been submitted in conjunction with this application for a lot merger.
PROJECT ANALYSIS:
• Both 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, and noting future development shall adhere to riparian setbacks and system sizing and soil evaluation requirements.
• 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 Land Development.
• CAL Fire provided clearance for the merger, noting that future development shall adhere
to local and state building regulations.
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 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 (MER21-0004) for Brian Burtenshaw, APNs 072-120-008, 072-
120-009, 072-120-020 & 072-120-012, 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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