HomeMy WebLinkAboutMER22-0013 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: Project File # MER22-0013
FROM: Austin Forde, Assistant Planner
DATE: March 2, 2023
SUBJECT: Approval of Merger MER22-0013 for Sean Thomas to merge two (2) parcels,
APN: 073-230-011, of approximately 0.39 acres, and APN: 073-240-006, of
approximately 0.31 acres, into one parcel totaling approximately 0.70 acres.
PLANNING MANAGER SIGNATURE:
Sean Thomas is requesting a lot merger to combine two (2) parcels (APN: 073-230-011, 0.39 acres and APN: 073-240-006, 0.31 acres), totaling approximately 0.70 acres. APN: 073-230-011 is located at 6231 Merry Way, Clipper Mills CA 95941 while APN: 073-240-006 is located at 6235 Merry Way, Clipper Mills, CA 95941. The parcels lie at the intersection of Merry Way and Siesta Circle in Clipper Mills, approximately 25.4 miles east of Oroville city limits via Forbestown Road and SR-162. The resultant parcel will retain both existing addresses.
The parcels have a General Plan land use designation of Medium Density Residential, and are zoned MDR (Medium Density Residential). Both parcels were created by Subdivision Map (Book 34, MOR 17 &18, recorded on August 17, 1965). Public Works Land Development Division has cleared the parcels for creation status and legality and has reviewed and approved the merger certificate language.
PROJECT DESCRIPTION & SITE CHARACTERTICS:
•The lots are zoned MDR (Medium Density Residential) and designated MDR (Medium Density
Residential) by the Butte County General Plan.
•Surrounding parcels include medium density residential parcels with residential uses.
•There is an existing single-family dwelling upon APN: 073-230-011 permitted by Building Permit
#1179-71B. APN: 073-240-006 is currently undeveloped.
•No building or other development permits been applied for in conjunction with this Lot Merger
application.
Rowland Hickel Senior Planner 2023.03.03
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 Environmental Health Division of Public Health and Public Works Department for review.
• Environmental Health provided clearance for the merger, indicating that there is an existing septic system on APN: 073-230-011, on the southern portion of the proposed parcel, while there is no existing septic development on APN: 073-240-006. They note the area is served by a Merry Mountain Mutual Water Company small water system. No conditions were applied.
• Public Works provided clearance for the merger without comment. 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 24 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 (MER22-0013) for Sean Thomas, APNs: 073-230-011 & 073-240-006,
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 ten (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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