HomeMy WebLinkAboutCOR24-0001 PC Report_2024.12.12PLANNING COMMISSION STAFF REPORT
December 12, 2024
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MAP AMENDMENT
Project #:
Supervisor
District:
COR24-0001
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APN: 040-190-006, 040-190-007
Parcel Size:
Applicant:
0.74± acres (-006) and 0.78± acres (-
007)
Tyler and Melissa Gill
Project Type: Map Amendment of Book 18 of Maps, Page 6 (Durham Subdivision No. 1) recorded April 20, 1950.
Owner:
Staff Planner:
Location:
Rebecca Yuhasz Revocable Trust (Lot 6: 040-030-006)
Tyler and Melissa Gill (Lot 7: 040-030-007)
Tristan Weems, AICP, Senior Planner
The site is located at 9601 and 9603
Midway on the west side of Midway Avenue, approximately ½ mile north of the Durham-Dayton Highway and Midway intersection in Durham.
Zoning:
General Plan:
Proposed Use:
Attachments:
Very Low Density Residential (VLDR)
Very Low Density Residential
Residential
A: Planning Commission Resolution
with Exhibit A, Conditions of Approval
B: Recorded Parcel Map
C: Application
STAFF RECOMMENDS APPROVAL OF THE MAP AMENDMENT
PROJECT SUMMARY
The project is to remove a 75-foot setback line notation on Lots 5 & 6 of the Durham Subdivision No. 1 map
recorded April 20, 1950. The site is located on the west side of Midway Avenue approximately ½ mile north of
the Durham-Dayton Highway and Midway intersection in Durham.
CEQA Review: Exempt
Staff recommends that the Planning Commission find the project exempt from an environmental review, pursuant to Section 15305 of the California Environmental Quality Act (CEQA), 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 setback line noted on the recorded subdivision map
from 75 ft (from the front property lines) to 20 ft., for a total reduction of 55 ft. The reduction is consistent with the
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December 12, 2024
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affected properties’ zoning designation for setbacks and will not result in any land use or density changes of the
subject properties.
STAFF RECOMMENDATION: APPROVAL
ANALYSIS
The proposal to delete the 75 ft. setback line notation for lots 5 and 6 on the recorded Durham Subdivision Map
No. 1 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, pertaining to advisory agency actions.
The above findings are recommended for approval within the attached Resolution.
The 75 ft. setback line was most likely established to ensure the possibility of expanding State Highway 99E, as
shown on the recorded map. The setback is no longer required as the Midway is no longer designated a State
Highway.
The Department of Public Works has approved the proposed amendment, finding there are no plans to realign
or expand Midway Avenue. 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 two lots under the applicable zoning
district. The current zoning is Very Low Density Residential (VLDR), which requires a 20 ft minimum front
property line setback for structures.
Certified letters were mailed to all affected owners with the option of joining the Map Correction with a letter of
concurrence. One owner, Rebecca Yuhasz, submitted a letter of concurrence and her parcel is included in this
project (lot 5). The owners of lots 1 – 3, Robert and Laura Dubose, declined to be included in the map
amendment. The owner of lot 4 could not be reached at their current address. Accordingly, this map amendment
will only correct the setback on Lots 5 and 6.
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RECORDED SUBDIVISION MAP
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ASSESSOR MAP (LOTS 6 & 7)
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ZONING REVIEW
Zoning Consistency
Butte County Code section 24-18 (E) – Very Low Density Residential (VLDR) Zone The subject properties will continue to comply with the applicable VLDR zone, which includes a front property line setback of 20 feet.
PUBLI C COMMENT
No public comments have been received as of the drafting of this Agenda Report.
STAFF RECOMMENDATION
Staff recommends approval of the two lot Map Correction Recommended Motion: Staff recommends that the Planning Commission approve the attached Resolution, finding the project exempt from environmental review, pursuant to Section 15305 of the California Environmental Quality Act (CEQA), and approving Map Amendment COR24-0001, subject to the findings and attached conditions of approval set forth under Exhibit A.
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ATTACHMENT A
RESOLUTION NO. PC24-__
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING
A MAP AMENDMENT TO THE DURHAM SUBDIVISION NO. 1, RECORDED ON
APRIL 20, 1950, IN BOOK 18, PAGE 6 (COR24-0001)
WHEREAS, the Planning Commission has considered Map Amendment COR24-0001 for Tyler
and Melissa Gill, in accordance with Chapter 20-91; Subdivisions, of the Butte County Code on Assessor’s
Parcel Numbers 040-190-006 and 040-190-007; and
WHEREAS, said amendment would result in the deletion of a 75 ft Setback Line from the front,
eastern property line along Midway Avenue for Lots 5 and 6 of the Durham Subdivision Map No. 1; 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 COR24-0001
at a duly noticed public hearing on December 12, 2024; 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 COR24-0001, 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
75 ft setback line from the front property lines bordering Midway Avenue. Front setback
standards for the VLDR zone currently require a 20 ft setback from the property line rather
than the 75 ft setback required by the map notation. The added 55 ft of setback is not
required or otherwise affects the functionality of Midway Avenue.
B. The amendments do not impose any additional burden on the present fee owner of the
property.
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Deleting the map notation does not impose any additional burdens on the current Durham
Subdivision No. 1 property owners. Property owners of the two subject lots must adhere to
the zoning’s front 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 two affected lots have agreed to delete the building setback line
notation. An additional 55 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 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 two subject lots that will not
increase the density or the use of the land.
DULY PASSED AND ADOPTED this 12th Day of December 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Rocky (Daniel) Donati, Chair
Planning Commission
County of Butte, State of California
ATTEST:
_____________________________
Cortney Kingsley, Secretary
Planning Commission
County of Butte, State of California
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EXHIBIT A
Southgate Acres Subdivision Map Amendment (COR24-0001) on APNs 040-190-006 and 040-190-
007: Map Amendment to delete a 75 ft front setback line notation on Lots 5 & 6 of the Durham Subdivision
Map No. 1, recorded on April 20, 1950, in Book 18, Page 6.
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.Add property owner Rebecca Yuhasz (APN 040-190-006) to the affected parcels of the Certificate of
Correction.
Department of Public Works
3.The property owners shall submit a Certificate of Correction amending the Durham Subdivision Map
No. 1, Book 18, Page 6. 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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Attachment B: Recorded Map
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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 INFORMATION FORM
FORMNO
DPL-01
Project II {Staff Use Only)
APPLICANrS NAME: (If applicant is differentfrom owner an affidavit is required.) Tyler and Melissa Gill ASSESSOR'S PARCEL NUMBER: 040 -190 -007ADDRESS: STREET, CllY, STATE, & ZIP CODE TELEPHONE: 9601 Midway, Durham CA 95938 E-MAIL:tylergill86@gmail.com
p30 ) 519 -0808
FAX:
FISCAL CONTACT: (the party that will handle permit fees, invoices and other financial concerns for this application) Same ADDRESS: STREET, CllY, STATE, & ZIP CODE TELEPHONE:
E-MAIL:
OWNER'S NAME: Same
( )
I TELEPHONE:
{ ) ADDRESS: STREET, CllY, STATE, & ZIP CODE:
PROPERTY INFORMATION NAME OF PROPOSED PROJECT (if any) Certificate of Corre ction/Map Amendment SITE SIZE (in square feet or acres)
LOCATION OF PROJECT (majo r cross streets and address, if any) Midway, approx. 1/2 mile North of the town of Durham ZONE VLDR GENERAL PLAN Residental EXISTING STRUCTURES (square feet) 2,186
EXISTING LAND USE Residential PROPOSED STRUCTURES ( square feet) N/A
PROPOSED LAND USE Same UNDER WILLIAMSON ACT CONTRACT Dves Iii No (Check One) □PROPERlY IS OR PROPOSED TO BE SEWERED� PROPERTY IS OR PROPOSED TO BE ON SEPTIC
(Check One) 0 PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER � PROPERTY IS OR PROPOSED TO BE ON WELL WATER
□ADMINISTRATIVEPERMIT0 LEGAL LOT DETERMINATION0 CONDITIO NALUSEPERMIT□MINOR USE PERMIT□COMMUNICATIONSFACILITYUP/MUP□LOTLINEADJUSTMENT
APPLICATION TYPE (check all that apply) 0 MINO RVARIANCE □CERTIFICATEOFCO RRECTION□VARIANCE O REZONE0 CERTIFICATEOFMERGER □GENERAL PLAN AMENDMENT□TENTATIVE SUBDIVISION MAP O MINING AND RECLAMATION PLAN□TE NTATIVE PARCELMAP O DE VELOPMENT AGREEME NT0 WAI VER OF PARCEL MAP (210TH ER Certificate of Correction
PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land di vision, describe the number and size of parcels.)
The map creating the owners parcel, Book 18 of Maps, page 6, shows a front yard building setback of 75 feet. This application is seek approval to file a Certificate of Correction to change the front yard
building setback to 20 feet, being the current VLDR zone standard.
OWNER CERTIFICATION
I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPER1Y. 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 ofauthorization and include the affidavit with this application.) ---DATE: /0 �!i-tDZ.'z' SIGNATURE:��.,.....�--����·--------------
Please contact Planning Division Staff with any questions.
Attachment C: Application
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