HomeMy WebLinkAboutMISC23-0021.PC-Agenda-Report.2023.07.27 PacketButte County Department of Development Services
July 27, 2023 Agenda Report – MISC23-0021 / Christopher Duffy Page 1
BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT – July 27, 2023
Applicant: Christopher Duffy Location: The project site encompasses four
lots located at 1 & 2 Gold Creek
Way and 1 & 2 Pistachio Drive, at
Entler Avenue, 1,000 feet east of
Midway, in an unincorporated
area south of the Chico city limits.
Owner: Frank & Margarita Burger Living
Trust (Lot 1 / 040-470-001)
Jack & Karen Caswell (Lot 10 /
040-470-010)
Harold & Thelma Scott Trust
(Lot 11 / 040-470-011)
Andrea & Christopher Duffy (Lot
20 / 040-470-020)
File #: MISC23-0021 Size: N/A
Request:
G.P.:
Zoning:
Map Amendment to delete a 50 ft.
Building Setback Line (B.S.L)
notation on Lots 1, 10, 11 & 20 of
the Southgate Acres Subdivision
Map.
Very Low Density Residential
VLDR (Very Low Density
Residential)
Supervisor
District: 4 (Kimmelshue)
Planner: Rowland Hickel
Senior Planner
Attachments
A: Resolution with attached
Conditions of Approval (Exhibit
A)
B: Application / Exhibit Map
APN: 040-470-001, 040-470-010, 040-
470-011, 040-470-020
RECOMMENDED ACTION:
Staff recommends that the Planning Commission find the project is exempt from an environmental review,
pursuant to Section 15305 of the California Environmental Quality Act (CEQA), and approve Map
Amendment MISC23-0021, subject to the findings and conditions in Attachment A.
EXECUTIVE SUMMARY
The applicant requests approval of a Map Amendment (MISC23-0021) of the Southgate Acres Subdivision,
recorded on September 27, 1979, in Book 72, Pages 15-16. The proposed amendment seeks to delete a
notation on the subdivision’s recorded map showing a 50 ft. building setback line (BSL) from the centerline
of Entler Avenue (20 ft from the northwest property line) of Lots 1, 10, 11, and 20. Removing the notation
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Butte County Department of Development Services
July 27, 2023 Agenda Report – MISC23-0021 / Christopher Duffy Page 2
would allow permanent improvements to be placed at least 10 feet from the northwest property line on Lots
1, 10, 11, and 20, consistent with VLDR (Very Low Density Residential) zone street-side property line
setback standards. Minimum front property line setbacks of 20 ft. (50 ft. from the centerline of Gold Creek
Way and Pistachio Ct.) would remain unaffected by the map amendment. Property owners of the four
affected lots have agreed to delete the building setback line notation.
ANALYSIS
The proposal to delete the 50 ft building setback line notation for lots 1, 10, 11, and 20 on the recorded
Southgate Acres Subdivision Map is made under Butte County Code section 20-91(a)(7), which allows the
Planning Commission to amend a recorded final map by either a certificate of correction or amending map,
at a public hearing, under the following findings:
1. That there are changes in circumstances which make any or all of the conditions or mitigations of
such a map no longer appropriate or necessary;
2. The amendments do not impose any additional burden on the present fee owner of the property;
3. The amendments do not alter any right, title, or interest in the real property reflected on the recorded
map; and
4. The advisory agency finds that the amendment conforms to the provisions of section 20-65 of this
chapter.
The 50 ft building setback line was established to ensure that county roads and state highways are not
impacted by the encroachment of permanent improvements that may affect the future expansion or
alignment of the roads or highways and that vehicles have adequate vision clearance.
The Department of Public Works has approved the proposed amendment, finding there are no plans to
realign or expand Entler Avenue and that future placement of permanent improvements in the setback area
would not affect the visual clearance of vehicles that use the road. Public Works also recommends a
condition that the application record a Certificate of Correction. The Certificate would become a part of the
affected property’s title report to notify future property owners of the amendment.
Building setbacks would continue to apply to future improvements on the four lots under the applicable
zoning district. The current zoning is Very Low Density Residential (VLDR), which requires a 10 ft
minimum street-side property line setback for structures.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW
The map amendment is exempt from environmental review pursuant to CEQA Guidelines section 15305,
which exempts minor alterations in land use limitation in areas with an average slope of less than 20 percent,
which do not result in any changes in land or density. The proposed amendment seeks to reduce the building
setback line (B.S.L) noted on the recorded subdivision map from 50 ft (from the centerline of Entler
Avenue) to 40 ft., for a total reduction of 10 ft. The reduction is consistent with the affected properties’
zoning designation for setbacks and will not result in any land use or density changes of the subject
properties.
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Butte County Department of Development Services
July 27, 2023 Agenda Report – MISC23-0021 / Christopher Duffy Page 3
RESOLUTION NO. PC23-__
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING
A MAP AMENDMENT TO THE SOUTHGATE ACRES SUBDIVISION, RECORDED
ON SEPTEMBER 27, 1979, IN BOOK 72, PAGES 15-16 (MISC23-0021)
WHEREAS, the Planning Commission has considered Map Amendment MISC23-0021 for
Christopher Duffy, in accordance with Chapter 20-91; Subdivisions, of the Butte County Code on
Assessor’s Parcel Numbers 040-470-001, 040-470-010, 040-470-011, 040-470-020; and
WHEREAS, said amendment would result in the deletion of a 50 ft Building Setback Line from
the northwest property line along Entler Avenue for Lots 1, 10, 11, and 20 of the Southgate Acres
Subdivision Map; and
WHEREAS, the Butte County Public Works Department has reviewed the proposed amendment
and supports its deletion from the recorded subdivision map; and
WHEREAS, the Butte County Planning Commission considered Map Amendment MISC23-0021
at a duly noticed public hearing on July 27, 2023; and
WHEREAS, the Planning Commission has considered public comments and a report from the
Planning Division; and
WHEREAS, based on the review of the State CEQA Guidelines, the Planning Commission finds
and determines that the proposed amendment is exempt from the California Environmental Quality Act
(CEQA) under section 15305, which exempts minor alterations in land use limitation in areas with an
average slope of less than 20 percent, and that do not result in any changes in land or density.
NOW, THEREFORE, BE IT RESOLVED, that the Butte County Planning Commission hereby
finds and declares the following:
I. Approves Map Amendment MISC23-0021, subject to the conditions found in Exhibit “A” and the
following findings:
A. There are changes in circumstances which make any or all of the conditions or mitigations
of such a map no longer appropriate or necessary.
Zoning setback standards have changed since the subdivision and the establishment of the
50 ft building setback line from the centerline of Entler Avenue. Street-side setback
standards for the VLDR zone currently require a 10 ft setback from the property line rather
than the 20 ft setback required by the map notation. The added 10 ft of setback is not
required or otherwise affects the functionality of Entler Avenue.
B. The amendments do not impose any additional burden on the present fee owner of the
property.
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Butte County Department of Development Services
July 27, 2023 Agenda Report – MISC23-0021 / Christopher Duffy Page 4
Deleting the map notation does not impose any additional burdens on the current
Southgate Acres Subdivision property owners. Property owners of the four subject lots
must adhere to the zoning’s street-side property line setback standards for future
development.
C. The amendments do not alter any right, title or interest in the real property reflected on the
recorded map.
Property owners of the four affected lots have agreed to delete the building setback line
notation. An additional 10 feet of each affected property owner’s property will be available
to construct permanent improvements on their lots. The proposed amendment will not alter
any right, title, or interest on any other lot identified on the recorded map.
D. The advisory agency finds that the amendment conforms to the provisions of section 20-
65 of this chapter.
The provisions of Butte County Code section 20-65 list the findings for approval or denial
of tentative maps. The proposed removal of a building setback line notation will not affect
any findings from the past approval of the tentative map. The proposed amendment
represents a minor change in the limitation placed on the land use of the four subject lots
that will not increase the density or the use of the land.
DULY PASSED AND ADOPTED this 27th Day of July 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Tammy Flicker, Chair
Planning Commission
County of Butte, State of California
ATTEST:
_____________________________
Breanne Buttelo, Secretary
Planning Commission
County of Butte, State of California
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Butte County Department of Development Services
July 27, 2023 Agenda Report – MISC23-0021 / Christopher Duffy Page 5
EXHIBIT A
Southgate Acres Subdivision Map Amendment (MISC23-0021) on APNs 040-470-001, 040-470-010,
040-470-011, 040-470-020: Map Amendment to delete a 50 ft. Building Setback Line (B.S.L) notation on
Lots 1, 10, 11 & 20 of the Southgate Acres Subdivision Map, recorded on September 27, 1979, in Book 72,
Pages 15-16.
I. CONDITIONS OF APPROVAL:
Planning Division, Department of Development Services
1. The subject map amendment is based upon and limited to compliance with the project description, the
exhibit map under Attachment B, and the conditions of approval set forth below. Any deviations from
the project description, exhibit map, or conditions must be reviewed and approved by the County for
conformity with this approval. Deviations may require approval by the reviewing authority and/or
further environmental review.
2. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees.
Department of Public Works
3. The property owners shall submit a Certificate of Correction amending the Southgate Acres
Subdivision Map, Book 72, Pages 15-16. The certificate shall be prepared by a licensed professional
and submitted to the County Surveyor for review in compliance with the Subdivision Map Act and
County Code. Upon approval by the County Surveyor, the Certificate of Correction shall be recorded
with the Butte County Recorder’s Office. The property owners shall be responsible for all associated
processing and recording fees.
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Butte County Department of Development Services
PLANNING DIVISION
7 County Center Drive, Oroville, CA 95965
Planning Center Phone 530.552.3701 Fax 530.538.7785
dsplanning@buttecounty.net
PROJECT INFORMATIONFORM Project # (Staff Use Only)
APPLICANT’S NAME: (If applicant is different from owner an affidavit is required.)ASSESSOR’S PARCEL NUMBER:
--
ADDRESS:STREET, CITY, STATE, & ZIP CODE TELEPHONE:
( )-
E-MAIL:FAX:
( )-
FISCAL CONTACT: (the party that will handle permit fees, invoices and other financial concerns for this application)
ADDRESS: STREET, CITY, STATE, & ZIP CODE TELEPHONE:
( )-
E-MAIL:
OWNER’S NAME:TELEPHONE:
()-
ADDRESS:STREET, CITY, STATE, & ZIPCODE:
PROPERTY INFORMATION
NAME OF PROPOSED PROJECT (if any)SITE SIZE (in square feet or acres)
LOCATION OF PROJECT (major cross streets and address, if any)
ZONE GENERAL PLAN EXISTING LAND USE PROPOSED LAND USE
EXISTING STRUCTURES (square feet)PROPOSED STRUCTURES ( square feet) UNDER WILLIAMSON ACT CONTRACTYes No
(Check One)
PROPERTY IS OR PROPOSED TO BE SEWERED
PROPERTY IS OR PROPOSED TO BE ON SEPTIC
(Check One)
PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER
PROPERTY IS OR PROPOSED TO BE ON WELL WATER
APPLICATION TYPE (check all that apply)
ADMINISTRATIVE PERMIT MINOR VARIANCE CERTIFICATE OF CORRECTION
LEGAL LOT DETERMINATION VARIANCE REZONE
CONDITIONAL USE PERMIT CERTIFICATE OF MERGER GENERAL PLAN AMENDMENT
MINOR USE PERMIT TENTATIVE SUBDIVISION MAP MINING AND RECLAMATION PLAN
COMMUNICATIONS FACILITY UP/MUP TENTATIVE PARCEL MAP DEVELOPMENT AGREEMENT
LOT LINE ADJUSTMENT WAIVER OF PARCEL MAP OTHER __________________________
PROJECT DESCRIPTION
FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.)
I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY.
FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND
ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.)
DATE:SIGNATURE:
Please contact Planning Division Staff with any questions.
OWNER CERTIFICATION
FORM NO
DPL-01
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