HomeMy WebLinkAboutPROJ-25-0022 Memo 01-20-26 - ApprovedDepartment of Development Services Paula M. Daneluk, AICP, Director Curtis Johnson, Assistant Director
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TO: Project File # PROJ-25-0022
FROM: Alyssa Mendoza, Assistant Planner
DATE: January 20, 2026
SUBJECT: Approval of Merger Certificate (PROJ-25-0022) for Smith; APNs: 064-390-011 & 064-390-012
PRINCIPAL PLANNER SIGNATURE:
Project Description
Robert Smith has submitted an application to Butte County for a parcel Merger (Planning File #
PROJ-25-0022) to combine two (2) parcels: APN 064-390-011(0.41 acres) and APN 064-390-
012(0.29 acres), resulting in a single parcel that is approximately 0.70 acres in size. APN 064-390-
011 is located at 14358 Clarion Way, Magalia, CA. APN 064-390-012 does not have an active
address. The project site is located along Clarion Way, approximately 25ft east of Cumberland Road
Site Characteristics
•The parcels have a General Plan land use designation of Rural Residential and are zoned
Rural Residential (RR-5) which has a 5-acre parcel minimum.
•APN 064-390-011 and a portion of -012 are located within the Watershed Protection Overlay
Zone.
•APN 064-390-011 is developed with a single-family dwelling, garage, and septic.
•APN 064-390-012 is developed with a septic.
Parcel Creation Information
The Public Works Land Development Division has cleared the parcels for creation status and legality
and has reviewed and approved the merger certificate language.
Both Parcels were properly created by the Paradise Pines Subdivision Map recorded on August 20,
1970 in Book 35 of Maps Pages 88-91.
CEQA
Applicable Rule: Categorical Exemption. 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
January 20, 2026
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percent 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.
Factual Reasoning & Analysis.
(a) Minor Alteration
The proposed merger is a minute property line erasure between two parcels with an average slope
less than 20%. Parcels 064-390-011 & -012 have an average 4.4% slope. The proposed change is
minor in that it simply seeks to reconfigure existing parcels without reverting to acreage or impacting
the conformity of the existing home, garage, or septics with applicable development standards.
(b) No change in use, density, or parcel creation
The resultant parcel would retain the same residential zoning use and density.
The proposed merger would not result in the creation of any new parcels.
Conclusion. Because the application constitutes a minor alteration on a resultant parcel with an
average 4.4% slope with no proposed alteration in land use, change in density, nor parcel creation —
a Categorical Exemption for Minor Alterations in Land Use Limitations applies — exempting the
project from CEQA.
Actions for Consideration
Staff recommends the following action:
I. Find the project categorically exempt from environmental review under CEQA §15305 given
the facts that the merger is a minor alteration on a parcel with less than 20% average slope,
not resulting in any alteration in land use, alteration in density, nor parcel creation.
II. Approve Merger (PROJ-25-0022) for Robert Smith APNs: 064-390-011 & 064-390-012
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 the Butte
County Subdivision Ordinance and 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 the Butte County Code.
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