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HomeMy WebLinkAboutMER22-0014 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 # MER22-0014 FROM: Austin Forde, Assistant Planner DATE: June 16, 2023 SUBJECT: Approval of Merger MER22-0014 for Charles C. Connolly to merge fifteen (15) lots under two APNs (APN: 062-180-013, 0.19 acres, and APN: 062-180-014, 2.1 acres), into one parcel totaling approximately 2.29 acres PLANNING MANAGER SIGNATURE: Charles C. Connolly is requesting a lot merger of fifteen (15) lots, identified under two Assessor Parcel Numbers: 062-180-013, 0.19 acres, and APN: 062-180-014, 2.1 acres, into one parcel totaling approximately 2.29 acres. The parcels are located at 41 Madrone Way, in the unincorporated community of Berry Creek, east of Madrone Way, approximately 18 miles north of Oroville city limits via Oroville Quincy Highway. The resultant parcel will retain the existing address. The parcels have a General Plan land use designation of Low Density Residential, and are zoned LDR (Low Density Residential). The fifteen lots were created as Lots 35-41 and 56-63 by the Forest River Forest Homes, Cascade Addition Subdivision Map (Book 9, MOR 32A/33A, recorded on February 17, 1930). Public Works Land Development Division has verified legal status of each lot and approved the merger certificate language. PROJECT DESCRIPTION & SITE CHARACTERTICS: •The lots are zoned LDR (Low Density Residential) and designated LDR (Low Density Residential) by the Butte County General Plan. •Surrounding parcels include Low Density Residential zoned parcels with single-familyresidential uses. •There was a permitted single-family dwelling upon APN: 062-180-013 that burned in the NorthComplex Fire event. •A building permit for a residential rebuild (B22-4086) has been applied for in conjunction with this request for a Lot Merger application. Rowland Hickel Senior Planner 6/16/2023 ANALYSIS: • The lots 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, Butte County Fire Department, and Public Works Department for review. • Environmental Health provided clearance for the merger, noting that issuance of the appropriate septic repair permit will be required from their Division for issuance of the residential building permit. • Butte County Fire Department provided clearance for the merger, noting that the property is located within the State Responsibility Area (SRA) and a Very High Fire Hazard Severity zone, with Butte County Fire having jurisdiction. • Public Works provided clearance for the merger after corrections were made to the Certificate of Merger and legal description. 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 22 adjacent property owners and published in 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 (MER22-0014) for Charles C. Connolly, APNs: 062-180-013 & 062-180- 014, subject to the following findings: A. The proposed Merger is consistent with the requirements of Butte County Code Section 20-180.3. B. The lots are legally established, 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.