HomeMy WebLinkAboutZCA 04-01_PLANNING SEPARATOR SHEET
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PROJECT NUMBER z�n Dy -ol
PROJECT SUMMARY SHEET
FILE.NO.: ZCA 04-01 -
PROJECT TYPE: Zoning Code Amendment
Al*: Various
APPLICANT: Butte County Department of Development Services
ADDRESS: 7 County Center Drive, Oroville, CA 95965
PHONE: (530) 538-7601
OWNER: Various
ADDRESS:
REPRESENTATIVE:
ADDRESS:
PROJECT DESCRIPTION: Proposed Ordinance amending Lot Line Adjustment and Merger Provisions of
Chapter 20, and amending Section 24-25.25, "Public hearing for zoning amendments", and Section 24-75, "Site
requirements", of Chapter 24, of the Butte County Code
LOCATED:
PROPERTY ZONED:
GENERAL PLAN DESIGNATION:
TOWN/AREA: Butte County
1. ' Application accepted: 10/29/2003 Amount: $0 Receipt#:.
2. Assigned To: Felix Wannenmacher
3. Comments sent to:
4. Sent to Inter-Departmental Review Committee (IDR):
5. Date scheduled for IDR:
6. Comments received from:
7. Rezone Petition Signatures Checked:
8. Mailing List/Lead-in Sheet:
9. Environmental Determination:
State Clearinghouse No: - Categorical Exemption-CEQA#
Negative Declaration
Mitigation Negative Declaration
Subject to Fish&Game: Environmental Impact Report
Gen. Rule Ex.—CEQA# 15061. (bx3)
Other
10. Staff Report: Project Video:
11. Clearinghouse circulation required: Yes No Date.Sent to SCH:
12. Publication Notice Written: Display Ad Prepared:
13. Notices Mailed: Number of Notices:
14. Newspaper Publication Date: O C P G B
15. Planning Commission Hearing(s): Y/-/ 3 03 Zee- ",X
Action taken:
Special Conditions:
Commission Resolution No.:
16. Board of Supervisors' Hearing(s):
Action taken:
Board Resolution No.: Ordinance No: Adopted:
17. Type Zoning Code Amendment/Send for signature:
18. N.O.E./N.O.D. /APPENDIX G: Fish&Game Fees Paid: Yes No
19. Send validated Zoning Code Amendment:
20: Assessor's Memo:
21. Copy of Zoning Code Amendment to Planning Technician:
.y 0
Butte County Development Services Department, (Item determined to be categorically
exempt from environmental review), Amendments to the text of the Subdivisions and
Zoning Ordinance of the Butte County Code to revise County procedures for processing
Lot Line Adjustments and Mergers, revise zoning site requirements pertaining to sewage
disposal and wells, and revise display page notice requirements. ZCA 04-01
Mr. Wannenmacher gave a brief summary of the project. He said this ordinance is about Lot Line
Adjustments, Mergers, publishing requirements, and site requirements. He explained the new law
concerning LLAs and mergers.
Commissioner Evans asked if five or more people have a lot line problem,do they need to do a parcel
map to correct the problem.
Mr.Wannenmacher read from Pages 3 and 4 of the ordinance regarding a lot line adjustment between
four or fewer parcels and a lot line adjustment for more than four adjoining parcels.
Commissioner Leland asked why the County cares about who does a LLA.
Mr.Wannenmacher said the County is following State law. The State law states four or fewer parcels
for a LLA and the County can not be more permissive than State law.
Commissioner Leland asked then why does the State care about LLAs.
iacres, f r exam le
Mr. Baker said the zoning in an area requires 5 o example, and someone has 4 lots that are 3
acres each and another group of lots that are 6 acres each,and this person decides to adjust the lots so
the lots to the north will now go from 5 acres to 3 or 4 acres, and said the problem is that they are
moving lot lines that are not in conformity with zoning or any other regulations.
Doug Fogel said there is also a reason that is tied to health and safety considerations with some of the
LLAs.
Mr.Wannenmacher said the LLA procedure is ministerial and this ordinance is to oversee the process
to make sure it is done properly.
Doug Fogel said in the past the merger process has been used to do LLAs. He said this ordinance
would make review by Environmental Health necessary.
Commissioner Evans said the procedure makes sure changes in a lot line are changed in the deed of
trust.
Mr. Wannenmacher noted that with this ordinance the Pubic Works department will no longer be
responsible for LLAs and mergers, but they will be reviewing the projects. He said that when the
issues are not clear,the application will go to the IDR for review. He noted on Page 4 it discusses the
notices no longer going to the neighbors. He noted that resulting parcels from a LLA have to conform
to the General Plan and zoning standards.
■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■NOVEMBER 13, 2003 ■PAGE 45 ■
Mr. Fogel explained that 24-75 (2) 23B is regarding the Environmental Health well ordinance. He
gave a brief summary of what Appendix VII covers for Environmental Health.
Commissioner Evans said the review is reasonable, easy, and closes up the loop holes.
Mr. Wannenmacher said the ordinance also modifies the time it takes to do a LLA. He said the
ordinance will no longer allow extensions. LLAs will have to be completed in 3 years.
Commissioner Evans said this ordinance will make the process easier.
Mr.Wannenmacher said this ordinance eliminates the appeal to the Board process. He said instead of
an appeal, the applicant would have to get a writ if the LLA is denied.
Commissioner Leland thought it would be a good idea to have an appeal process. There was a brief
discussion on who might be the appeal board.
Mr. Wannenmacher said they can consider the issue of an appeal body.
Mr Wannenmacher explained the merger process. He said Section 20-180.3 of the Butte County -
Code will remain. He said this ordinance is to streamline the merger process. He said they are
omitting the word"all"so that people will not have to merge all adjoining parcels,but could merge
some into one parcel. -
Commissioner Evans said there is a disclaimer on LLAs on Page 7 and asked if the disclaimer should
be on the mergers also.
Mr. Wannenmacher said he would look at applying the disclaimer to the merger.
Commissioner Leland asked who can sign the applications.
Commissioner Evans said that lenders need to sign deed recordings and on mergers the lenders need
to sign the application.
Mr. Wannenmacher discussed easements and abandoning of easement.
Chairman Lambert asked what constitutes adjacent land if the property is split by a road.
Mr. Wannenmacher said this is a good question, but he did not have an answer at this time.
Commissioner Marin was absent at this time.
Mr. Wannenmacher told the Commission that display ads would change from '/a page to 1/8 page
publishing.
There was a discussion about Page 16, 24-75 regarding site requirements. Mr. Wannenmacher said
issues have come up with adjusting parcel lines that would create a landlocked parcel. He said they
need to add language to add a requirement for an easement so landlocked property does not remain
■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■NOVEMBER 13, 2003 ■PAGE 46 ■
landlocked.. The said staff will be looking at wording regarding this issue. He noted that the
restrictions can not be more lenient than the State law.
Commissioner Leland asked about the 4 or fewer issue on LLAs and that there is going to be future
integration questions regarding who gives what portion to what other portion of land.
Commissioner Evans felt they should leave the handling of landlocked property and easement to
County Counsel.
Chairman Lambert felt that everyone should have an opportunity to appeal a County decision.
Mr. Wannenmacher said the LLAs and mergers would go through Environmental Health and Fire
Departments for review. He noted that if there is a problem the review will go before the IDR.
Commissioner Leland discussed having a third party do the appeal. He felt there should be some
process to appeal a decision.
Chairman Lambert said she would like to know if there is a difference between adjacent and adjoining
property.
Mr. Wannenmacher said he is currently using"adjoining"to mirror State language.
It was moved by Commissioner Leland,seconded by Commissioner Evans,and carried to recommend
the Board of Supervisors approve the ordinance and suggest that the Board consider an appeal
procedure, possibly the Board or the appeal procedure for building permit rulings, considering
requiring legal access of all the resulting lots after a Lot Line Adjustment, and clarification of the
definitions of adjacent, adjoining, and contiguous.
f
AYES: Commissioners Leland, Evans,Nelson, and Chairman Lambert
NOES: No one
ABSENT: Commissioner Marin
ABSTAINED: No one
■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■NOVEMBER 13,'2003 ■PAGE 47 ■
DEPARTMUXTT OF DEVELOPMEAT SERVICES
BUTTE OUNTY UNIFORM APPMCATION
APPLICANT: Agent information to be provided is on other side:
APPLICANT'S NAME(If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER:
ADDRESS: CITY.STATE&ZIP CODE: FILE NUMBER: (FOR OFFICE USE)
7 Countv Center Drive, Oroville CA 95965 ZCA 04-01
NAME OF PROPOSED PROJECT(If any) TELEPHONE
( ) 538-76011
LOCATION OF PROJECT(Major cross streets and Address. if any)
Countv Wide
GENERAL INFORMATION REQUIRED
OWNER'S NAME TELEPHONE
( )
ADDRESS: CITY,STATE&ZIP CODE:
N/a
ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE(in Square Feet or Acres.)
N/A
EXISTING STRUCTURES(in Square Feet) PROPOSED STRUCTURES(in Square Feet)
(Check One) (Check One)
❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER
C3 PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER
APPLICATION REQUESTED
❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP
❑ REZONE ❑ TENTATIVE PARCEL MAP
❑ USE PERMIT ❑ WAIVER OF PARCEL MAP
❑ MINOR USE PERMIT ❑ BOUNDARY LINE MODIFICATION
❑ VARIANCE ❑ LEGAL LOT DETERMINATION
❑ MINOR VARIANCE ❑ CERTIFICATE OF MERGER
❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN
❑ DEVELOPMENT AGREEMENT ER OTHER Znni ng CndP AmPndmpnt
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.)
Zoniniz Code Amendment
Line Adiustments
to sewage
OWNER CERTIFICATION
I CERTIFY THAT 1 AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF TIIE OWNE4 OF THE ABOVE DESCRIBED PROPERTY.
FURTHER.I ACKNOWLEDGE THE FILING OF THIS APPLICATI AND C TIFY TIIAT ALL OF AB VE INFORMATION IS TRUE AND
ACCURATE. (If an/agtis to authorized execute an affidavit authorization an nel de the affidavit ith this pli ioo.)
DATE: 0� (IGNATURE:
AGENT AUTHORIZATION
To Butte County, Department of Development Services:
Department of Developmgnttt: Services .
.Print Name of Agent and Phone Number
Mailing Address
is hereby authorized to process this application for
on my property, identified as Butte County Assessor Parcel Number
This authorization allows representation for all applications,hearings, appeals, etc. and to sign all
documents necessary for said processing, but not including document(s) relating to record title
interest.
Owner(s)of Record: (sign and print name)
Print Name Print Name
Signature Signature
Architect and/or Engineer:
Print Name of Architect/Engineer and Phone Number
Mailing Address
FOR OFFICE USE ONLY
Verify:
Date Received: Total Amount Received:
AP Number(s) Legal Description
Owners Authorization Zoning Requirements
Project Description Copies of plot plan
Taken by Receipt No. E.H. LD Plan FD
Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit)
will be returned upon final action.
Current fee for this application is $ as of
Make check payable to "Butte County Treasurer".
' z
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O
O C
_ ° INTER-DEPARTMENTAL MEMORANDUM
_ p
�+01JJN;�•` OFFICE OF BUTTE COUNTY COUNSEL
BUTTE
COUNTY
TO: Board of Supervisors DEC 0 9 2003 t:
DEVELOPMENT
BY: Bruce Alpert, County Counsel SERVICES
SUBJECT: Proposed ordinance amending lot line adjustment and
merger provisions in Chapter 20, entitled "Subdivisions" ,
and amending public hearing display advertisement
requirement and site requirements in Chapter 24 , entitled
"Zoning" , of the Butte County Code
DATE: December 16, 2003
Board of Supervisors Hearing
Attached is a proposed ordinance amending lot line adjustment and
merger provisions of Chapter 20 of the Butte County Code ( "BCC")
and amending the display advertisement and site requirements in
Chapter 24 of the BCC. The Planning Commission held a hearing
regarding this ordinance on November 13 , 2003 . Please refer to the
Planning Commission' s separate report for information regarding the
Commission' s hearing and recommendation.
The purpose of the proposed ordinance is to bring the County Code
into compliance with state law, as amended, to respond to
complaints about existing County requirements, and to make
clarifications . This ordinance is the last in a series of revisions
prepared with input from the County departments most directly
affected, namely, Development Services, the Environmental Health
Division of the `Department of Public Health, and the Land
Development Division of the Department of Public Works .
The proposed ordinance has also been discussed on numerous
occasions at the Users' Group meetings staffed by Development
Services, Environmental Health, and the Department of Public Works .
Consideration has been given to all comments received from both the
public and °staff.
In addition, following the Board of Supervisors meeting on December
2 , 2003, the, ordinance was presented to the County Counsel Land Use
Study Section attended by approximately forty (40) land use
attorneys from numerous counties within the State of California.
The opinion of County Counsel that the provisions of Government
1
t
t
Code Section 66412 (d) imposed a mandatory substantive requirement
that lot line adjustments be consistent with 'the general plan and
zoning was affirmed. (A copy of Government Code Section 66412 (d)
is attached as Exhibit A. )
A second issue which arose from the December 2 , 2003, Board of
Supervisors meeting which was discussed at the County Counsel Land
Use Study Section was the lot line adjustment between nonconforming
parcels . The consensus of the land use attorneys was as follows :
1 . A nonconforming parcel could not be made more
nonconforming even if it did not adversely affect the
public health or safety;
2 . A nonconforming parcel could be made more nonconforming
only it is was supported by a general plan policy;
3 . A nonconforming parcel could be made more nonconforming
if it improved health or safety conditions .
There were even land use restrictions discussed and in effect in
several counties which do not allow lot line adjustments that make
nondevelopable parcels developable.
The proposed ordinance would make the changes in the BCC discussed
below. Deletions of existing BCC language are shown with :_rike u`�
and additions are shown with underlining. The section and page
numbers below correspond to numbers in the proposed ordinance.
A. Lot Line Adjustments
Section 1 , at page (p. ) 1 . Substitutes "adjoining" for "abutting" ,
to use language consistent with language in new section 20-95.. 1
discussed below. Moves the detailed provisions regarding lot. line
adjustments out of BCC section 20-95 (b) into new section 20-95 . 1 .
This section also deletes the provision regarding concurrent
processing of lot line adjustments as a part of waiver, parcel map,
or subdivision map applications . This provision has been
interpreted to allow approval of lot line adjustments by the body
approving those other types of applications, with the result that
some lot line adjustments were approved by the Director of Public
Works and others were approved by the Development Review Committee.
For future actions the deletion will clarify that all lot line
adjustments will be acted on by the Director of Development
Services . Applications for lot line adjustments may still be
processed simultaneously with the other referenced related
applications .
Section 2 , at pages (pp. ) 1 through 9 . Adds new BCC section 20-
2
,
95 . 1 specifying detailed provisions regarding lot line adjustments .
These provisions are derived from BCC 20-95, subsection (b) ,
starting with the- second paragraph and continuing to the end, which
provisions are proposed to be amended as discussed below.
BCC 20-95 . 1 (a) at p. 2 , lines 5-6 . Designates Development
Services rather than Public Works as the department which will
process lot- line adjustments.
BCC 20-95 . 1 (b) and c) at p. 2, line 8 through p. 3 , line 9 .
Specifies the procedure for the Department of Development
Services to follow in referring lot line adjustment
applications to' other affected county departments and giving
notice. The procedures are derived from BCC 20-180 .2 , which
the proposed ordinance would repeal . The notice requirements
are modified: since the processing of lot line adjustments is
ministerial, the requirement for publishing notice and
notifying neighbors within 300 feet has been deleted, which
will reduce processing time and expense.
BCC 20-95 . 1 (d) (1) at p. 3 , lines 13-14 . Deletes the
requirement for the lots to be under different, ownership. This
requirement is out of step with other jurisdictions .
BCC 20-95 . 1 (d) (1) at .p. 3 , line 14 through p. 4, line 4 . Adds
the requirement, consistent with Government Code ( "GC" ) 66412
(d) , as amended effective January 1, 2002 , that the lot line
adjustment be between four or fewer adjoining lots . Defines
"adjoining" as "touching on a common . line or lines" .
GC 66412 (d) formerly allowed lot line adjustments between
"two or more. existing adjacent parcels" . The word adjacent
had been interpreted by the courts to mean "nearby" but not
touching. The Assembly Committee on Local Government produced
a summary of the bill (SB 497) which amended these provisions.
The summary pointed out that the broad interpretation of the
word adjacent had allowed "a virtually unlimited number of
parcels to be strung together based on a bare minimum of
proximity and exempted from the (Subdivision Map) Act . " The
summary stated that "SB 497 limits the number of parcels• that
may be exempted from the Map Act to four or fewer, and
requires that they be `adjoining' , that is to say, physically
contiguous . "
Consistent with the intent of the amendment to GC 66412 (d) ,
language has been added to the ordinance making it clear that
a tentative subdivision map and final map is required if
property owners seek to adjust the lot lines of more than four
lots . The proposed language would make it clear that
multiple applications to adjust the lot lines of more than
four adjoining lots will not be allowed, even if each
individual application is for four or fewer lots . The policy
3
reflected by this language follows analogous reasoning in
prior case law distinguishing parcel maps (four or fewer
parcels) from subdivision maps, i . e. , Bright v. Board of
Supervisors (1977) 66 Cal .App. 3d 191 and Pratt v. Adams (1964)
229 Cal .App. 2d 602 .
Furthermore, allowing such multiple applications would defeat
the purpose of the amendment to GC 66412 (d) and would, in
effect, allow the re-design or re-subdivision of land to occur
in a manner which would subvert the purposes of the
Subdivision Map Act and Chapter 20 of the Butte County Code .
Language in the recent California Supreme Court opinion in
Gardner v. County of Sonoma 29 Cal . 4th 990 (Feb. 2003) is
pertinent in this regard, even though that case did not
involve lot line adjustments . That case dealt with an
antiquated subdivision map, recorded prior to. 1893 , which the
Court concluded did not create legal lots . The Court stated
the following at pages 997 and 998 : "By generally requiring
local review and approval of all proposed subdivisions, the
(Subdivision Map) Act aims to `control the design of
subdivisions for the benefit of adjacent landowner,
prospective purchasers and the public in general . ' (Citations
omitted. ) More specifically, the Act seeks `to encourage and
facilitate orderly community development, coordinate planning
with the community pattern established by local authorities,
and assure proper improvements are made, so that the area does
not become an undue burden on the taxpayer. ' (Citations
omitted. ) " The Court went on to point out at page 1005 that
recognizing the lots in question as legal lots by issuing
certificates of compliance " . . .would, in effect, be permitting
the sale, lease, and financing of parcels : (1) without regard.
to regulations that would. . .require consideration of potential
environmental and public health consequences . . . ; (2) without
consideration of dedications and impact mitigation fees that
would otherwise be - authorized by the Act; and (3) without
affording notice and an opportunity to be heard to interested
persons and landowners likely to suffer a substantial or
significant deprivation of their property rights . " The Court
concluded at pages 1005 and 1006 that such a result would
thwart the objectives and protections of the Act .
BCC 20-95 . 1 (d) (2) at p. 4 , line 5 . Adds the 'requirement,
consistent with GC 66412 (d) , as amended effective January 1,
2002, that each resulting lot shall conform to the general
plan.
BCC 20-95 . 1 (d) .(2) at p. 4 , lines 7-9 . Clarifies that
conformance with the zoning ordinance includes conformance
with the site requirements specified in the zoning ordinance.
(Note: the ordinance also proposes amendments in the site
requirements in section 24-75, as discussed below in part C. )
4
i
BCC 20-95 . 1 (d) (2) at p. 4, lines 9-11 . Clarifies that
conformance with building ordinances requires conformance with
the California Building Code, which has been adopted and
incorporated by reference into BCC Chapter 26 . It should be
noted that the California Building Code specifies in section
106 . 4 . 1 that building plans submitted for review by the
building official may be reviewed by other departments to
verify compliance with any applicable laws under their
jurisdiction. Thus, for example, plans could be submitted to
Environmental Health to verify compliance with sewage disposal
requirements .
BCC 20-95 . 1 (d) (2) at p. 4 , lines 17-22 . Amends the language
regarding modification of nonconforming lots or parcels . The
existing language allows modifications which do not adversely
affect the public health or safety. The proposed language
allows modifications which either decrease the existing
nonconformity (without increasing the nonconformity of another
lot or parcel) or improve health or safety conditions . These
proposed changes would recognize that nonconforming lots may
be allowed to continue in existence but that it is desirable
to decrease nonconformities . (The policy reflected by this
language is. analogous to policies in the zoning ordinance
recognizing nonconforming land uses but restricting the
expansion of them and "eliminating nonconforming uses through
abandonment, obsolescence or destruction. " See BCC 24-35
through 24-35 . 55 . )
BCC 20-95 . 1 (d) (3) at p. 4, lines 22-25 . Modifies the language
prohibiting the creation of additional lots to more closely
track the language in GC 66412 (d) .
BCC 20-95 . 1 (d) (4) b 2 at p. 5 lines 20-28 and BCC 20-
95 . 1 (d) (5) b 2 at page 7 lines 6-15 . Expands the language of
the note which is required on deeds effecting approved lot
line adjustments. The expanded language corresponds with the
more detailed note which is in actual use.
BCC 20-95 . 1 (d) (7) at p. 8, lines 9-12 . Authorizes the Director
-of Development Services to impose conditions to facilitate the
relocation of existing utilities, infrastructure or easements .
Such conditions are specifically authorized by GC 66412 (d) .
BCC 20-95 . 1 (d) (7) at p. 8, lines 12-13 , and 20-95 . 1 (d) (8) at p.
8 , lines 17-22 . As discussed above, the ordinance limits a
lot line adjustment ' to four or fewer existing lots. In
recognition that the lot line adjustment procedure is limited
and is ministerial, the ordinance specifies that the action of
the Director of Development Services on the application` is
final and deletes the existing provision which allows an
appeal to the Board of Supervisors . It should be noted that
the California Environmental Act (CEQA) does not apply to
5
ministerial actions, and the CEQA guideline section 15305,
subsection (a) , specifically states that minor lot line
adjustments are categorically exempt .
BCC 20-95 . 1 (d) (8) at p. 8 lines 25-27 . Deletes current language
allowing the extension of time for meeting the conditions of
an approved lot line adjustment . The BCC already allows 36
months for the conditions of approval to be met, which is a
generous time period, compared to the time allowed in other
jurisdictions .
B. Mergers
Section 3 at p. 9, lines 15-17 . Repeals BCC 20-180 . 2 , which allows
the voluntary merger of parcels and was commonly used in the past
as an alternative to a lot line adjustment, when the lots in
question were under common ownership. Such lot line adjustment
"mergers" often resulted in a reconfiguration resulting in the same
number of lots, rather than an actual merger or re-combining
resulting in a. lesser number of lots . The deletion of the
requirement for lots to be under different ownership to be eligible
for a lot line adjustment (see discussion in part A above) makes
the merger alternative unnecessary for such purposes . Mergers
resulting in a lesser number'' of lots may still be accomplished
under BCC 20-180 . 3 discussed below.
Section 4 at p. 9 line 19 through page 13 line 25 . Amends BCC 20-
180 .3 , which provides an expeditious procedure for lots under
common ownership to be merged. The following amendments are
proposed:
BCC 20-180 . 3 (a) at p. 9 line 26 through p. 10 line 3 .
Substitutes "existing adjoining" lots in place of "contiguous"
lots and defines "adjoining" , coinciding with language in BCC
20-95 . (d) (1) pertaining to lot line adjustments . Also deletes
the requirement that all such lots may be merged into a single
lot or parcel, thereby allowing a lesser number of such lots
to be merged.
BCC 20-180 . 3 (b) and (c) at p. 10 . Designates Development
Services rather than Public Works as the department which will
process mergers .
BCC 20-180 . 3 (d) at p. 11 lines 5-12 . Requires the resulting
merged lot to conform to the general plan and zoning ordinance
requirements, making these provisions similar to those in BCC
20-95 . 1 (d) (2) pertaining to lot line adjustments .
BCC 20-180 . 3 (d) (2) at p. 11 lines 20-25 . Amends the language
regarding modification of nonconforming lots or parcels,
deleting the existing language which allows modifications
which do not adversely affect the public health or safety, and
6
replacing it with proposed language allowing modifications
which either decrease the existing nonconformity (without
increasing the nonconformity of another lot or parcel) or
improve health or safety conditions . This amendment parallels
a proposed amendment in the provisions regarding lot line
adjustments and reflects the same policy recognizing that
nonconforming lots may be allowed to continue in existence but
that it is desirable to decrease nonconformities .
BCC 20-180 . 3 (e) and (f) at p. 12 lines 8-9 and lines 17-22 . In
recognition that the merger procedure is ministerial, the
ordinance specifies that the action of the Director of
Development Services on the application is final and deletes
the existing provision which allows an appeal . A provision
has also been added at the end of subsection (e) , similar to
an existing provision pertaining to lot line adjustments,
stating that approval of the application does not constitute
assurance that future land use entitlements will be approved.
C. Zoning ordinance amendment
Section 5 at pages 13-17 . See in particular p.. 15, line 11 . The
draft ordinance proposes amending BCC section 24-25 .25 (a) (4) (a) to
make it conform to GC section 65091 (a) (3) by allowing the
publication of a one-eighth page display ad rather than a one-
fourth page display ad, when notice must be given to more than
1, 000 individuals .
Section 6 at page 17 line 3 through page 19 line 14, amending
Section 24-75, Site requirements. See in particular the amendments
to subsection (a) at p. 17 line 13 through p. 18, line 2 , and new
subsection (f) at p. 19 lines 11-14 .
The draft ordinanceoses ro amending BCC section 24-75 Site
P P g
Requirements, subsection (a) (1) , to provide that, unless the
property is connected to an .aPProved public water supply system,
the lot area shall be of sufficient size to comply with the well
requirements of Chapter 23B of. the BCC. In addition, as to lots
served by individual wells and/or- individual sewage disposal
systems, the ordinance proposes that the required lot size and
configuration shall be in' accordance with county requirements,
including, but not limited to, the size and separation requirements
specified in Chapter 19 of the BCC or Appendix VII of the
Subdivision Improvement Standards, whichever is applicable .
The ordinance also proposes adding new subsection (f) requiring
each lot to have approved access, as defined therein. This
provision, read together with the provisions in the lot line
. adjustment and merger sections which require compliance with the
site requirement in the zoning ordinance, make it clear that lots
and parcels resulting from lot line adjustments and mergers must
have vehicular access .
7
Sections 7 and 8 on pages 19 and 20 are standard provisions
regarding severability, effective date, and publication.
G:\Neil\LLAMEM6.wpd
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8
I Proposed Ordinance, November 21, 2003
2 Ordinance No.
3 ORDINANCE AMENDING SECTION 20-95 AND ADDING SECTION 20-95. 1,
REGARDING LOT LINE ADJUSTMENTS, REPEALING SECTION 20-180 .2 AND
4 AMENDING SECTION 20-180 .3 REGARDING MERGERS, IN CHAPTER 20, ENTITLED
"SUBDIVISIONS" , OF THE BUTTE COUNTY CODE, AND AMENDING SECTION 24-
5 25 .25, ENTITLED "PUBLIC HEARING FOR ZONING AMENDMENTS", AND SECTION
24-75, ENTITLED "SITE REQUIREMENTS", OF CHAPTER 24, ENTITLED
6 "ZONING", OF THE BUTTE COUNTY CODE
7
8 The Board of Supervisors of the County of Butte ordains as follows :
9 Section 1 . Subsection (b) of Section 20-95, entitled "When a parcel
10 map is not required" , of Chapter 20, entitled "Subdivisions" , of the
11 Butte County Code, is amended by amending the first paragraph thereof
12 to read as follows and by redesignating the remainder thereof as new
13 section 20-95 . 1, which new section is added to Chapter 20 by section
14 2 of this ordinance:
15 "20-95 (b) . Lot line adjustments .
16 No tentative map, parcel map or final map shall be required for
17 any conveyance or agreement made solely for the purpose of
18 correcting, confirming or relocating a boundary common to
19 abutting adjoining lots or parcels of land, in accordance with
20 a lot line adjustment approved pursuant to Government Code
21 •
section 66412 (d) and this subsection section 20-95 . 1 of
22
this Code. 13ce line adjustments may be processed concurrently
23
as a part of CL WM_LVz-_r, parcel map, or subdiviSICT! map
24
application filed wilul, IL-he department of dev6lopment services . "
25
26 Section 2 . Commencing with the second paragraph of Subsection (b)
27 of Section 20-95, said Subsection (b) is amended to read as follows
28 and is re-enacted as new Section 20-95 . 1, which is added to Chapter
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
• 1
0
1 20 of the Butte County Code to read as follows :
2 "Section 20-95 . 1 . Lot Line Adjustments .
3 (a) Application. Notwithstanding anything in this chapter
4 to the contrary, an application for a lot line adjustment
5 shall be made to the Department of Public Works
6 Development Services in a manner prescribed by it along
7 with supporting documentation as required.
8 (b) Referral . The Department of Public Works Development
9 Services shall follow the referral and rtotice requireMen
10of
refer the application to
11 other affected county departments, including, but not
12 limited to, the Department of Public Works and the
Environmental Health Division of the Public Health
13
Department . Such departments shall review the application
14
and submit their comments pertaining thereto to the
15
Director of Development Services in writing.
16
17 (c) Notice. At least ten (10) days prior to taking
18 action to approve or deny the application, the Director of
Development Services shall give notice that the
19
application has been received. Such notice shall be
20
21
.newspaper �of general cir�ulation within the , shall
22
give a general description of the application and the
23
location of the real property which is the subject of the
24
application, shall advise that comments pertaining to the
25
application can be made and sent to the Director of
26 Development Services , shall state the date upon which
27 action will be taken on the application, and shall be
28
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
2
I mailed or delivered
2 -{ Tto each local agency expected to provide water.,-
3 sewage, streets, roads, schools, or other essential
4 facilities or services to the property, whose ability to
5 provide those facilities and services may be significantly
affected.
6
(2) To all owners of real: property C":D' shown on the7
latest eqttalized roll within three hundred (3eE)) feet of8 the real property which is the subject of the applicati=-.
9 d) Processing and action on application. The Director of
10 Development Services a-nd shall process, review, approve,
11 conditionally approve, or deny the application in
12 accordance with the requirements indicated below:
13 (1) The is or units of land are under '_
14 ownershiThe lot line adjustment is between four
15 or fewer existing .adjoining parcels, and land taken
from one parcel is added to an adjoining parcel . For
16
purposes of this section, "adjoining" means touching
17
on a common line or lines . Where an owner of
18 adjoining q_parcels has previously obtained a lot line
19 adjustment for four adjoining parcels and subsequently
20 requests a lot line adjustment for one or more
.21 additional adjoining parcels, a tentative and final
22 map is required pursuant to Article IV of this
23 Chapter. Where an owner owns a group of parcels
without any intervening parcels owned by another
24
person, has previously obtained a lot line adjustment
25 for four parcels within that group, and subsequently
26 requests a lot line adjustment for one or more
27 additional parcels within that group, a tentative and
28 final map is required pursuant to Article IV of this
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
3
I Chapter. Where more than one property owner
2 concurrently request a lot line adjustment for more
3 than four adjoining parcels, a tentative and final map
is required pursuant to Article IV of this Chapter.
4
(2) Each resulting lot or parcel of land shall
5
conform to the provisions of the general plan and the
6 applicable zoning and building ordinances of this
7 Code, including, but not limited to, the site
8 requirements specified in the applicable zone and in
9 Section 24-75 , and the provisions of the California
10 Building Code, as adopted, incorporated, and made a
11 part of Chapter 26 of this Code by reference . No
conforming lots or parcels of land shall be made
12
nonconforming or substandard as to size or any other
13
applicable general plan or zoning standards as a
14 result of a lot line adjustment; provided, however,
15 that the Department of Public Development
16 Services may approve modifications of nonconforming
17 lots or parcels where the modifications do--rpt
18 either:
19
decrease the existing nonconformity of a lot or
parcel , without increasing the nonconformity of
20
another lot or parcel ; or improve health or safety
21'
conditions .
22
(3) No additional' —lot or i-t—o�f of land created. A_
23
greater number of lots or parcels of real property
24 than originally existed is not created.
25
(4) If the lot line being adjusted is between lots or
26 parcels created by deed, the applicant shall provide
27 the following to the county:
28
G:\ORDINANC\LOT LINE ADJ 6 .wpd November 21, 2003
4
I a. Documentation that taxes .have been paid as
2 specified in article 8 of chapter 4 of division
3 2 of title 7 of the Government Code, commencing
4 with section 66492 .
5 b. A deed or deeds reflecting the approved
6 adjustment, signed by all required parties and
7 notarized, together with recording fees and
8 documentary transfer tax, if any. Said deed or
deeds shall contain the following notes :
9
1 . The scope of review of said lot line
10
adjustment was limited as specified in
11
Government Code section 66412 (d) , and
1.2
approval of it does not constitute
13
assurance that future applications for
14 building permits or other land use
15 entitlements on the adjusted lots or
16 parcels will be approved by the County of
17 Butte.
18 2 . The purpose of this deed is to effect a
19 lot line adjustment, as approved by, the
20 County of Butte on The above
21 described lands are to be combined with and
22 become a part of those lands as described
23 in the deed to
24 as filed for record in Butte
25 County Official Records at (Serial Number
26 ) (Book
27 Page ) No additional lots or
28 parcels are created hereby.
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
I
5
•
1 C. Documentation from a title company of the
2 applicant' s choice verifying that any deed of trust
3 affected is partially reconveyed or modified to
4 reflect the lot line adjustment and to prevent the
5 creation of any additional lot or parcel .
6 (5) If the lot line being adjusted is between lots or
7 parcels created by a record map, the applicant shall
8 provide the following to the county:
9 a. Documentation that taxes have been paid as
10 specified in article 8 of chapter 4 of division
11 2 of title 7 of the Government Code, commencing
12 with section 66492 .
13
b. A deed or deeds reflecting the approved lot
14
line adjustment, signed by all required parties
15
and notarized, with an attached plat showing the
16
17 approved modification, signed by a registered
18 civil engineer licensed prior to 1982 or a
19 licensed land surveyor, together with recording
20 fees and documentary transfer tax, if any. Said
21 deed or deeds shall contain the following notes :
22 1 . The scope of review of said lot line
23 adjustment was limited as specified in
24 Government Code section 66412 (d) , and
25
approval of I it does not constitute
26
assurance that future applications for
27
building permits or other land use
28
G: \ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003 .
6
1 entitlements on the adjusted lots or
2 parcels will be approved by the County of
3 Butte.
4 2 . The purpose of this deed is to effect a lot
5
line adjustment, as approved by the County of
6
Butte on The above described lands are
7
to be combined with and become apart of those
8
9 lands as described in the deed to
10 as filed for record
11 in Butte County Official Records at (Serial
12 Number ) (Book
13 Pane ) No additional lots or
14 parcels are created hereby.
15
c . Documentation from a title company of the
16
applicant' s choice verifying that any deed of
17
18 trust affected is partially reconveyed or
19 modified to reflect the lot line adjustment and
20 to prevent the creation of any additional lot or
21 parcel .
22 (6) No record of survey shall be required unless
23 required by section 8762 of the Business and
24
Professions Code. If a record of survey is prepared
25
to show the lot line modification, recording of a
26
plat is not required pursuant to subsection (5)
27
above .
28
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
7
1
(7) The Director of "tt'b___ ''__'_s Development Services
2
shall review the application for compliance with this
3
section and shall review and consider any comments
4
received from affected county departments . The
5
6 Director is then authorized to approve or
7 conditionally approve any application which complies
8 with the requirements of this section or deny any
9 application found not to be in compliance . The
10 conditions . imposed by the Director may include
11 conditions to facilitate the relocation of existing
12 utilities, infrastructure or easements . The action
13 of the Director on the application shall be final .
14
The Director shall give written notice of his action
15
on the application by mail to the applicant, and
16
representative, if any, and owner (s) .
17
18
19 -Public Works pursuant to this section may be made by
20 any interested persun in the same manner, procedure—,
21 'ded in this chapt-er and time limitation as p.Luv-L
22for appeals kirt Leritative maps .
23 (3 8) All conditions of approval shall be met within
24 thirty-six (36) months from the date of approval or
25
the approval will be considered null and void,
26
extended p=rs=ant to section Evidence shall be
27
28 submitted to the Department of Pub±ic Works
G: \ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
8
1 Development Services, prior to the expiration of
2 approval, that all conditions of approval have been
3 met . Deeds and plats (if required) shall be submitted
4 to the Department of Development Services and
5
referred to the Department of Public Works for
6
checking and approval prior to recordation.
7
( 9) Development of lots or parcels resulting from
8
9 lot line adjustments pursuant to this section must be
10 in compliance with any and all applicable state and
11 county statutes, ordinances, and regulations.
12 (-3:± 10) Approval of a lot line adjustment pursuant to
13 this section shall not exempt a resulting lot or
14 parcel from the provisi,ons . of section 26-4 of the
15 Butte County Code, if said section 26-4 would.
16 otherwise be applicable ."
17
Section 3 . Section 20-180 .2, entitled "Merger . of contiguous
18
parcels" , of Chapter 20 of the Butte County Code is repealed.
19
Section 4 . 'Section 20-180 . 3 of Chapter 20 ,of the Butte County Code
20
21 is amended .to read as follows :
22 "Section 20-180 . 3 . Merger of al7i contiguons existing
23 adjoining lots or parcels into a -single lot or parcel of
24 real property.
25 (a) Merger. Pursuant to Government Code Section 66499 . 20
26 3/4 and this section, contignoi existing adjoining
27 lots or parcels under common ownership may be merged into
28
G: \ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
9
I a single lot or parcel without reverting to acreage . For
2 purposes of this section "adjoining" means touching on a
3 common line or lines .
' 4
(b) Application. Notwithstanding anything in this Chapter
5
to the contrary, an application for merger into a single
6
lot or parcel shall be made to the Department of Public
7
Works Development Services on a form approved by the
8
9 Director of Public Works Development Services shall
10 include a legal description of the lots or parcels to be
11 merged, shall include a title report or preliminary title
12 report, current within six months of the date the
13 application is complete, as to such lots or parcels, and
14 shall include a legal description of the resulting merged
15 lot or parcel .
16
(c) Owner' s Consent . All parties having any record title
17
interest in the real property being merged shall consent
18
to the merger by executing an owner ' s certificate
19
consenting to merger. Said owner' s certificate shall be
20
21 in a form approved by the Director of PT-�
22 Development Services . The signature of either the holder
23 of beneficial interests under trust deeds, or the trustee
24 under such deeds, but not both, may be omitted. The
25 signature of either shall constitute a full and complete
26 subordination of the lien of the deed of trust to the
27 merger and any interest created by the merger.
28
G: \ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
10
0
1 (d) Compliance With Zoning Ordinance .
2 1) Mergers of lots or parcels, which contain one (1)
3 or more living units, shall only be approved if the
4 resulting single merged lot or parcel complies with
5
the density requirements of the —•T.11 Which
6
located-.- applicable general plan and zoning ordinance
7
requirements, including, but not limited to, the site
8
9 requirements specified in the zone and in section 24-
10 75 .
11 2) Each The resulting lot or parcel of land shall
12 conform to the provisions of the general plan and the
13 applicable zoning and building ordinances of this
14 Code . No conforming lots or parcels of land shall be
15 made non-conforming or substandard as to size or any
16 other applicable zoning standards as a result of a
17
merger; provided, however, that the Department of
18
Public Works Development Services may approve
19
modifications of nonconforming lots or parcels where
20
21 the modifications do not adversely affect the publi.c
22health and sa ety either decrease the existing
23 nonconformity, without increasing the nonconformity
24 of another lot or parcel , or improve health or safety
25 conditions .
26 (e) Approval . The Director of Public Development
27 Services shall review the application for compliance with
28
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
11
0 0
1 this section and shall review and consider the application,
2 current zoning and general plan requirements, and any
3 comments received from affected County departments . The
4
Director is then authorized to approve or conditionally
5
approve any application, which complies with the
6
requirements of this section, or deny any application that
7
does not comply with these requirements . The action of the
8
9 Director on the application shall be final . The Director
10 shall give written notice of his action on the application
11 as follows : by mail to the applicant and owner (s) and
12 representative, if any. Approval of the application does
13 not constitute assurance that future applications for
14 building permits . or other land use entitlements on the
15 resulting merged lot or parcel will be approved by the
16 County of Butte .
17 (f) Appeal . Any interested person may make appeal . fro
18
any decision of the Birector of Public Works pursuant
19
this section in the same manner, procednre and time
20
21 limit'ation as led in this chapter for appeals
22 maps .tentat
23 (g-f) Modification of Encumbrances . Prior to or
24 concurrently with the recordation of the Certificate of
25 Merger, all encumbrances, including bonded indebtedness,
26 shall be modified to apply uniformly to each en!- the
27 resulting lot or parcel, rather than to the portions of
28
G: \ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
12
I each the resulting lot or parcel corresponding to the
2 separate lots or parcels prior to the merger.
3 (h g) Certificate of Merger. As to a finally approved
4
application, the Director of Public Work Development
5
Services shall record a Certificate of Merger, including
6
the owner' s consent to merger, to evidence the merger of
7
8 the lots or parcels . The Certificate of Merger shall be
9 in a form approved by the Director of Public Works
10 Development Services and may include notations to the
11 effect that :
12 1) Approval of the,merger does not guarantee that the
13 resulting lot or parcel is developable;
14 2) The previously existing in lots or
15 parcels, which have been merged, are not separately
16 available for sale, lease, or financing purposes .
17
(� h) Development of Resulting Lot or Parcel . Development
18
of the lot or parcel resulting from merger pursuant to this
19
section must be in compliance with any and all applicable
20
21 State and County statutes, ordinances, and regulations .
22 (7 i) Compliance with Approved Access Requirements. Merger
23 pursuant to this section shall not exempt a resulting lot
24 from the provisions of Section 26-4 of the Butte County
25 Code, if said Section 26-4 would otherwise be applicable. "
26 Section 5 . Section 24-25 . 25 of Chapter 24 of the Butte County Code
27 is amended to read as follows :
28
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
13
1 1124-25 . 25 Public hearing for zoning amendments .
2 (a) The planning commission shall hold a public hearing on
_ 3 any such proposed amendment . Notice of the time, date and
4 place of said hearing including a general explanation of
5
the matter to be considered and including a general
6
description of the area affected shall be given at least
7
ten (10) calendar days before the hearing in the following
8
9 manner:
10 (1) Notice shall be published at least once in a
11 newspaper of general circulation, published and
12 circulated in the county;'
13 (2) In addition, notice of the hearing shall be given
14 by mail or delivery to all persons, including
15 businesses, corporations or other public or private
16 entities, shown on the last equalized assessment roll
17
as owning real property within three hundred (300)
18
feet of the property which is the subject of the
19
proposed zoning change .
20
21 (3) In addition to the requirements of subsections
22 (1) and (2) above, in the event of any planning
23 commission initiated amendment, the planning
24 commission shall give mailed notice to the owner of
25 the property which is the subject of the proposed
26 zoning change as that owner appears on the latest
27 equalized assessment roll .
28
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
14
1 (4) In the event that the number of persons to whom
2 notice would be sent pursuant to subsection (2)
3 hereof is greater than one thousand (1, 000) the
4
planning commission may, as an alternative to the
5
notice required by subsection (3) above, provide
6
notice pursuant to this subsection (4) . Such notice
7
8 shall be given at least ten (10) days prior to the
9 hearing by either of the following procedures :
10 a. By placing a display advertisement of at
11 least one-eighth (1/8) page in
12 the newspaper having the greatest circulation
13 within the area affected by the proposed
14 ordinance or amendment and in at least one (1)
15 additional newspaper having general circulation
16 within such area, if such additional newspaper
17
is available; or
18
b. By placing an insert with any generalized
19
20 mailing sent by the county to property owners in
21 the area affected by the proposed ordinance or
22 amendment, such as billings for county services .
23 (b) Any evidence to be received by the planning commission
24 at the public hearing, other than oral testimony, unless
25 rejected by the planning commission when offered, shall be
26 surrendered to the clerk of the commission and become the
27 property of the County of Butte. The director of
28
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
15
1 development services shall be the custodian of the record
2 of the planning commission and shall keep, for at least
3 twelve (12) months following this presentation to the
4
commission, all evidence received by the commission at a
5
public hearing. At any time after twelve (12) months
6
following its presentation the director of development
7
8 services may dispose of any such evidence in any manner he
9 - shall deem proper. The director of development services
10 may, upon the expiration of twelve (12) months following
11 a public hearing, release any evidence to the person or
12 persons who presented that evidence at the public hearing
13 so long as such person or persons shall make a request in
14 writing to the director of development services not more
15 than sixty (60) days nor less than thirty (30) days prior
16 to the expiration of the twelve (12) month period.
17 .
Notwithstanding the provisions of paragraph (b) above
18
the director of development services shall forward to the
19
20 clerk of the board of supervisors all evidence received
21 pursuant to paragraph (b) above when the matter heard by
22 the planning commission results in a recommendation to the
23 board of supervisors from the action of the planning
24 commission. Upon receipt by the clerk of the board of
25 supervisors of the evidence forwarded pursuant to this
26 section the clerk of .the board of supervisors shall become
27 the custodian thereof and the twelve-month period pursuant
28
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003 -
16
I to paragraph (b) above shall commence after final action
2 by the board of supervisors . "
3 Section 6 . Section 24-75 of Chapter 24 of the Butte County Code
4
is amended to read as follows :
5
"24-75 Site requirements .
6
There are established certain minimum standards applicable
7
8 to building sites throughout the county regardless of zone.
9 Such 'standards may be reduced or increased by the
10 regulations of a particular zone by explicit regulation in
11 the section of article III containing regulations for that
12 zone :
13 (a) Lot area or building site . Unless the property is
14 connected to an approved public water supply system,
15 the lot area shall be of sufficient size to comply
16 with the requirements of Chapter 23B of this Code,
17
and the Mminimum required area of a lot shall be no
18
less than:
19
(1) For parcels lots that are served by
20
21 individual wells and/or individual sewage
22 disposal systems the minimum lot size and
23 configuration will be dictated by the area
24 required to accommodate said systems in
25 accordance with county sanitati requirements
26 including, but not limited to, the size and
27 separation requirements specified in Chapter 19
28
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
17
I of this Code or Appendix VII of the Subdivision
2 Improvement Standards, whichever is applicable,
3 but in no case shall the parcel . lot be less
4
than eight thousand one hundred twenty-five
5
(8, 125) square feet .
6
(2) For parcels where public sewage disposal
8 service is provided:
9 a. A minimum of six thousand five hundred
10 (6, 500) square feet for interior lots .
11
b. A minimum of seven thousand five hundred
12
(7, 500) square feet for corner lots .
13
14 (b) Lot width. The minimum lot width shall be sixty-
15 five (65) feet .
16 (c) Lot frontage. The following minimum requirements
17 shall apply:
18 (1) Lots which front on a straight street and
19 lots with parallel sides shall have frontage of
20 sixty-five (65) feet or more .
21 (2) Lots which front on a curved street or on
22
the end of a cul-de-sac shall have frontage of
23
forty (40) feet or more at the front lot line
24
- and sixty-five (65) feet or more at the front
25
26 yard setback line .
27 (d) Setback, front yard. Minimum front yard setback
28 shall be twenty (20) feet from the edge of the
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
18
1 ultimate right-of-way from all public or private
2 roads except where the road is classified as a
3 federal aid road, in which case the setback shall be
4 twenty-five (25) feet from the right-of-way.
5
(e) Setback, side and rear yards . Minimum side and
6
rear yard setbacks shall not be less than five (5)
7
8 feet from the property line for interior lots and ten
9 (10) feet from the ultimate right-of-way for the
. 10 street side setback on corner lots .
11 (f) Each lot shall have an approved access, which means the
12 right of vehicular travel , within a legal right-of-waw that
13 meets county standards, to a public street, with entry
14 thereon, over a roadway that meets county design standards .
15 Section 7 . Severability. If any provision of this Ordinance or the
16 application thereof to any person or circumstances is for any reason
17
held to be invalid by a court of competent jurisdiction, such
18
provision shall be deemed severable, and the invalidity thereof shall
19
not affect the remaining provisions or other applications of the
20
21 Ordinance which can be given effect without the invalid provision or
22 application thereof .
23 Section 8 . Effective Date and Publication. This Ordinance shall
24 take effect thirty (30) days after the date of its passage. The
25 Clerk of the Board of Supervisors is authorized and directed to
26 publish this ordinance before the expiration of fifteen (15) days
27
after its passage . This Ordinance shall be published once, with the
28
G: \ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
19
I names of the members of the Board of Supervisors voting for and
2 against it, in the a newspaper of general circulation
3 published in the County of Butte, State of California.
4
5 PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the day of ,
6
7 2003 , by the following vote :
8 YES :
9 NOES :
10
ABSENT:
11 .
12 NOT VOTING:
13
14
R.J. BEELER, Chair of the
15 Butte County Board of Supervisors
16
17 ATTEST:
PAUL McINTOSH, Chief
18 Administrative Officer
19 and Clerk of the Board
20
By
21 G:\0RDINANC\lot line adj 6.wpd
22
23
24
25
26
27
28
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
20
f
v � � ;`�F• Mr,�i
H 66400 to 66403 - GOVERNMENT CODE
Renumbered
Chapter 1
GENERAL PROVISIONS AND DEFINITIONS
Article 1
GENERAL PROVISIONS
f '
Section Section
66412. Application of division; exclusions. 66413.7. Renumbered.
66413.5:' Subdivision incorporated into newly-in-
corporated city; approval of final map;
rights of newly incorporated city.
§ 66410. Short title
r
Notes of Decisions
2. Construction and application invalid under governing statutes; Subdivision Map.Act
Subdivision Map Act, which is the primary regulatory contained no provisions allowing a city to prohibit process-
control governing the division of property in State,,gener- ing of a subdivision map that was complete, ordinance
ally requires that a subdivider of property design the exceeded permissible slope of prohibiting "uses" that
subdivision in conformity with applicable general and spe- might be in conflict with a general plan under consider-
cific plans, and construct public improvements in tonne ation, and it was adopted without a required finding that
tion with the subdivision. hill v. City of Clovis (App. 5 " y
Dist.2000)94 Cal.Rptr2d 901,80 Cal.AppAth 438,rehear-
ing denied, would pose immediate threat to public safety, health, or .
welfare. Building Industry Legal Defense Foundation v. i
4. Purpose of law Superior Court(App. 4 Dist. 1999)85 Cal.Rptr2d 828, 72
Purpose of Subdivision Map Act.is to coordinate plan- Cal.App.4th 1410, modified on denial of rehearing, review. ' .;
ning within the community, and to assure proper improve- 3
denied.
ments are made so as not to place an undue burden on the
taxpayer. Hill v. City of Clovis (App. 5 Dist. 2000) 94 A county may require an,applicant for a coastal devel- s
Cal.Rptr2d 901; 80 Cal.App.4th 438, rehearing 'denied. opment permit to agree to,defend, indemnify, and hold
10. Local regulation,generally harmless the county in an action brought by a third party
Interim ordinance adopted by general law city,prohibit- to void the permit. Op.Atty.Gen. No. 01-701 (February 4,
ing the "processing" of. development .applications, was -2002).
§ 66412. Application of division; exclusions
This division shall be inapplicable to: a
(a) The financing or leasing of apartments, offices, stores, or similar space within apartment buildings,
industrial buildings, commercial buildings_,mobilehome parks, or trailer parks.
(b) Mineral, oil, or gas leases.
(c) Land dedicated for cemetery,purposes under the Health and Safety Code'.
(d),A lot line adjustment between four or fewer existing ad'ooinin parcels, where the land taken from
one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed
is not thereby created, if the lot line adjustment is approved by the local agency, or advisory agency. A -
local agency or advisory agency shall limit its review and approval to a determination of whether or not
the parcels resulting from the lot line adjustment will conform to the local general plan, any applicable
coastal plan, and zoning and building ordinances. An advisory agency or local agency shall not impose
conditions or exactions on its approval of a lot line adjustment except to conform to the local general plan,
any applicable coastal plan, and zoning and building .ordinances, to require the prepayment of real
property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing
utilities, infrastructure, or easements. No tentative map, parcel map, or final map shall be.required as a
condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed,
which shall be recorded. No record of survey shall be required for a lot line adjustment unless required
by Section 8762 of the Business and Professions Code. o
(e) Boundary line or exchange agreements to which the State Lands Commission or a local agency
holding a trust grant of tide and submerged lands is a party.
UTTE COUNTY • CLSW OF THE BOARD USE ONLY
MW 1
BOARD OF SUPERVISORS MEETING DATE:
AGENDA TRANSMITTAL AGENDA ITEM:
Report to the Board, BC Department of Development Services, Zoning Code
AGENDA TITLE: Amendment ZCA 04-01
DDS, Planning DATE: 11/18/03 MEETING DATE 12/02/03
DEPARTMENT: REQUESTED:
Felix PHONE: 7621 REGULAR CONSENT X
CONTACT: Wannenmacher
DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION:
Planning Commission Action Report to the Board of Supervisors for Butte County Department of Development
Services, Zoning Code Amendment amending the Lot Line Adjustment and Merger provisions of Chapter 20,
amending Section 24-25.25 "Public hearing for zoning amendments", and amending Section 24-75, "Site
requirements", of Chapter 24, of the Butte'County Code.
Pursuant to Butte County Code Sections 24-25.30 and 24-25.40(a) & (b), the Board shall set this Zoning Code
Amendment for a public hearing within ninety days of receiving the Action Report from the Planning
Commission and shall give notice of the hearing date at least ten days prior to the hearing. If no action is taken
by the Board within the ninety days, the proposed Zoning Code Amendment shall be deemed denied.
ACTION REQUESTED: Recommend the Board of Supervisors accept the report and direct the Clerk of the Board
to set a hearing on December 16, 2003 at 10:30 a.m. to consider the ordinance and suggest that the Board:
consider an appeal procedure, possibly to the Board or the appeal procedure for building permit rulings; consider
requiring legal access to all the resulting lots after a Lot Line Adjustment; and clarify the definitions of adjacent,
adjoining, and contiguous.
AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL (1) IN A FORMAT THAT CAN BE
REPRODUCED BY STANDARD OFFICE EQUIPMENT
ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY
Budgetary Impact: Yes No X CAO OFFICE USE ONLY
If yes, complete Budgetary Impact Worksheet on back
Budget Transfer Requested: Yes No x Administrative Office Review
If yes, complete Budget Transfer Request Worksheet on
back. Administrative Office Staff Contact
(Deadline is one business day prior to normal agenda
deadline.) 4/5/s Vote Required: Yes: _ No:
Will Proposal Require an Agreement: Yes No x
Auditor-Controller's Number(if Date Received by Clerk of the Board:
required):
County Counsel's Approval: Yes No x
Will Proposal Require Additional Personnel: Yes _ No x
Number of Permanent: Temp
Extra Help
Previous Board Action Date: Additional Information Attached: Yes x No
Describe: Memo
Rev. 06/02
L r«
PLANNING COMMISSION ACTION REPORT
APPLICANT: Butte County Development Services
OWNER: N/A
FILE #: ZCA 04-01
REQUEST: Zoning Code Amendment amending the Lot Line Adjustment and Merger
provisions of Chapter 20, amending Section 24-25.25 "Public hearing for
zoning amendments", and amending Section 24-75, "Site requirements",of
Chapter 24, of the Butte County Code.
LOCATION: County-wide
DATE APPLICATION RECEIVED: 10/29/03
PLANNING COMMISSION ACTION AND SUPPORTING FINDINGS:
A. Recommend the Board of Supervisors accept the report and direct the Clerk of the Board to
set a hearing on December 16,2003 at 10:30 a.m.to consider the ordinance and suggest that
the Board: consider an appeal procedure,possibly to the Board or the appeal procedure for
building permit rulings; consider requiring legal access to all the resulting lots after a Lot
Line Adjustment; and clarify the definitions of adjacent, adjoining, and contiguous.
VOTE: 4-0-1-0
AYES: Commissioners Nelson, Leland, Evans, and Chairman Lambert
NOES: No one
ABSENT: Commissioner Marin
ABSTAINED: No one
DATE OF LAST HEARING WITH PLANNING COMMISSION: November 13, 2003
JAVvTDOCS\BOARDLTS\REZ 13.MRG
BUTTE COUNTY OR CLIF OF THE BOARD USE ONLY
BOARD OF SUPERVISORS MEETING DATE:
AGENDA TRANSMITTAL AGENDA ITEM:
Report to the Board, BC Department of Development Services, Zoning Code
AGENDA TITLE: Amendment ZCA 04-01
DDS, Planning DATE: 11/18/03 MEETING DATE 12/02/03
DEPARTMENT: REQUESTED:
Felix PHONE: 7621 REGULAR CONSENT X
CONTACT: Wannenmacher
DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION:
Planning Commission Action Report to the Board of Supervisors for Butte County Department of Development
Services, Zoning Code Amendment amending the Lot Line Adjustment and Merger provisions of Chapter 20,
amending Section 24-25.25 "Public hearing for zoning amendments", and amending Section 24-75, "Site
requirements", of Chapter 24, of the Butte County Code.
Pursuant to Butte County Code Sections 24-25.30 and 24-25.40(a) & (b), the Board shall set this Zoning Code
Amendment for a public hearing within ninety days of receiving the Action Report from the Planning
Commission and shall give notice of the hearing date at least ten days prior to the hearing. If no action is taken
by the Board within the ninety days, the proposed Zoning Code Amendment shall be deemed denied.
ACTION REQUESTED: Recommend the Board of Supervisors accept the report and direct the Clerk of the Board
to set a hearing on December 16, 2003 at 10:30 a.m. to consider the ordinance and suggest that the Board:
consider an appeal procedure, possibly to the Board or the appeal procedure for building permit rulings; consider
requiring legal access to all the resulting lots after a Lot Line Adjustment; and clarify the definitions of adjacent,
adjoining, and contiguous.
AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL (1) IN A FORMAT THAT CAN BE
REPRODUCED BY STANDARD OFFICE EQUIPMENT
ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY
Budgetary Impact: Yes No X CAO OFFICE USE ONLY
If yes,complete Budgetary Impact Worksheet on back
Budget Transfer Requested: Yes No x Administrative Office Review
If yes, complete Budget Transfer Request Worksheet on
back. Administrative Office Staff Contact
(Deadline is one business day prior to normal agenda
deadline.) 4/5/s Vote Required: Yes: _ No:
Will Proposal Require an Agreement: Yes No x
Auditor-Controller's Number(if Date Received by Clerk of the Board:
required):
County Counsel's Approval: Yes No x
Will Proposal Require Additional Personnel: Yes _ No x
Number of Permanent: Temp
Extra Help
Previous Board Action Date: Additional Information Attached: Yes x No
Describe: Memo
Rev. 06/02
PLANNING COMMISSION ACTION REPORT
APPLICANT: Butte County Development Services
OWNER: N/A
FILE #: ZCA 04-01
REQUEST: Zoning Code Amendment amending the Lot Line Adjustment and Merger
provisions of Chapter 20, amending Section 24-25.25 "Public hearing for
zoning amendments", and amending Section 24-75, "Site requirements", of
Chapter 24, of the Butte County Code.
LOCATION: County-wide
DATE APPLICATION RECEIVED: 10/29/03
PLANNING COMMISSION ACTION AND SUPPORTING FINDINGS:
A. Recommend the Board of Supervisors accept the report and direct the Clerk of the Board to
set a hearing on December 16,2003 at 10:30 a.m.to consider the ordinance and suggest that
the Board: consider an appeal procedure,possibly to the Board or the appeal procedure for
building permit rulings; consider requiring legal access to all the resulting lots after a Lot
Line Adjustment; and clarify the definitions of adjacent, adjoining, and contiguous.
VOTE: 4-0-1-0
AYES: Commissioners Nelson, Leland, Evans, and Chairman Lambert
NOES: No one
ABSENT: Commissioner Marin
ABSTAINED: No one
DATE OF LAST HEARING WITH PLANNING COMMISSION: November 13, 2003
JAWPDOCS\BOARDLTS\REZ 13.MRG
o�VTTFo
O 0
0 INTER-DEPARTMENTAL MEMORANDUM
o - 0 Y
c�UN'�y OFFICE OF BUTTE COUNTY COUNSEL
TO: Planning Commission (November 13 , 2003 Meeting)
FROM: Felix Wannenmacher, Deputy County Counsel
SUBJECT: Proposed Ordinance Amending Lot Line Adjustment and
Merger Provisions of Chapter 20 , and amending Section 24-
25 . 25, "Public hearing for zoning amendments" , and
Section 24-75, "Site requirements" , of Chapter 24 , of the
Butte County Code
DATE: October 28 , 2003
Attached is a proposed ordinance (dated October 10, 2003) amending
lot line adjustment and merger provisions of Chapter 20 of the
Butte County Code (BCC) and amending the site requirements in
Chapter 24 . The purpose of the amendments is to bring. the County
Code into compliance with state law, as amended, to respond to
complaints about existing County requirements, and to make
clarifications . This ordinance is the last in a series of revisions
prepared with input from the County departments most directly
affected, namely, Development Services, the Environmental Health
Division of the Department of Public Health, and the Land
Development Division of the Department of Public Works .
The proposed ordinance would make the changes in the BCC discussed
below. Deletions of existing BCC language are shown with __--'___c=_
and additions are shown with underlining.
A. Lot Line Adjustments
1) Moves the detailed provisions regarding lot line adjustments out
of BCC section 20-95 into new section 20-95 . 1 .
2) Deletes the provision regarding concurrent processing of lot
line adjustments as a part of waiver, parcel map, or subdivision
map applications . This provision has been interpreted to allow
approval of lot line adjustments by the body approving those other
types of applications, with the result that some lot line
adjustments were approved by the Director of Public Works and
others were approved by the Development Review Committee.. For
future actions the deletion will clarify that all lot line
adjustments will be acted on by the Director of Development
Services . Applications for lot line adjustments can still be
processed concurrently with the other referenced related
1
.. C�•
applications .
3) Designates Development Services rather than Public Works as the
department which will process lot line adjustment and merger
applications .
4) Deletes the requirement for the lots to be under different
ownership. This requirement is out of step with other
jurisdictions.
5) Modifies the notice procedure for lot line adjustments . Since
the procedure is ministerial, the requirement for publishing notice
and notifying neighbors within 300 feet has been deleted, which
will reduce processing time and expense .
6) Adds the requirement, consistent with GC 66412 (d) , as amended
effective January 1, 2002 , that the lot line adjustment be between
four or fewer lots . In addition, consistent with the intent of the
amendment to GC 66412 (d) , language has been added making it clear
that a tentative subdivision map and final map is required if a
property owner seeks to adjust the lot lines of more than four
lots .
7)Adds the requirement, consistent with GC 66412 (d) , as amended
effective January 1, 2002 , that each resulting lot shall conform to
the general plan.
8) Clarifies that conformance with the zoning ordinance includes
conformance with the site requirements specified in the zoning
ordinance . (Note : the draft also proposes amendments in section 24-
75, as discussed below in part C. )
9) Clarifies that conformance with building ordinances requires
conformance with the California Building Code, which has been
adopted and incorporated by reference into BCC Chapter 26 . It
should be noted that the California Building Code specifies in
section 106 .4 . 1 that building plans submitted for review by the
building official may be reviewed by other departments to verify
compliance with any applicable laws under their jurisdiction.
Thus, for example, plans could be submitted to Environmental Health
to verify compliance with sewage disposal requirements .
10) Amends the language regarding modification of nonconforming
lots or parcels . The existing language allows modifications which
do not adversely affect the public health or safety. The proposed
language allows modifications which either decrease the existing
nonconformity (without increasing the nonconformity of another lot
or parcel) or improve health or safety conditions .
11) Modifies the language prohibiting the creation of additional
lots to more closely track the language in GC 66412 (d) .
2
12) Deletes current language allowing the extension of time for
meeting the conditions of an approved lot line adjustment . The BCC
already allows 36 months for the conditions of approval to be met,
which is a generous time period, compared to the time allowed in
other jurisdictions .
13) Expands the language of the note which is required on deeds
effecting approved lot line adjustments . The expanded language
corresponds with the more detailed note which is in actual use.
14) Authorizes the Director of Development Services to impose
conditions to facilitate the relocation of existing utilities,
infrastructure or easements. Such conditions are specifically
authorized by GC 66412 (d) .
15) In recognition that the procedure is ministerial, the draft
specifies that the action of the Director of Development Services
on the application is final and deletes the existing provision
which allows an appeal to the Board of Supervisors .
B. Mergers
1) Repeals BCC 20-180 . 2 . This section allows the voluntary merger
of parcels and was commonly used in the past as an alternative to
a lot line adjustment, when the lots in question were under common
ownership. The deletion of the requirement for lots to be under
different ownership to be eligible for a lot line adjustment makes
the merger alternative unnecessary.
2) Amends BCC 20-180 . 3 , which provides an expeditious procedure for
lots under common ownership to be merged into a single lot . The
amendments : delete the requirement that all contiguous lots or
parcels may be merged into a single lot .or parcel, thereby allowing
only some of the contiguous lots to be merged; provide that
applications for mergers would be filed with the Department of
Development Services; require the resulting merged lot to conform
to the general plan and zoning ordinance site requirements; amends
the language regarding modification of nonconforming lots or
parcels, deleting the existing language which allows modifications
which do not adversely affect the public health or safety, and
replacing it with proposed language allowing modifications which
either decrease the existing nonconformity (without increasing the
nonconformity of another lot or parcel) or improve health or safety
conditions; and makes action taken on the application by the
Director of Development Services final, with no appeal to the Board
of Supervisors .
C. Zoning ordinance amendment
The draft ordinance proposes amending BCC section 24-75, Site
Requirements, to provide that, unless the property is connected to
an approved public water supply system, the lot area shall be of
3
sufficient size to comply with the well requirements of Chapter 23B
of the BCC. In addition, as to lots served by individual wells
and/or individual sewage disposal systems, the ordinance proposes
that the required lot size and configuration shall be in accordance
with county requirements, including, but not limited to, the size
and separation requirements specified in Chapter 19 of the BCC or
Appendix VII of the Subdivision Improvement Standards, whichever is
applicable .
The draft ordinance additionally proposes amending BCC section 24-
25 . 25 (a) (4) (a) to make it conform to GC section 65091 (a) (3) by
allowing the publication of a one-eighth page display ad rather
than a one-fourth page display ad where notice must be given to
more than 1, 000 individuals .
D. General Considerations
In drafting this proposed ordinance, the County Counsel' s Office
sought the guidance of several outside attorneys . With the help of
these attorneys, it was determined that Butte County could adopt an
ordinance that clarified the limits of the new lot line adjustment
legislation, even though Butte County' s interpretation might be
more restrictive. than other jurisdictions . This interpretation
concerns limiting the number of parcels to be adjusted to only four
parcels within an entire group of contiguous parcels . There is no
indication in the enacting legislation, SB497, that more
restrictive local ordinances are preempted. Further, it can be
argued. that our clarification of the language accurately follows
the true intent of the legislation. It certainly follows analogous
reasoning in prior case law distinguishing parcel maps (four or
fewer parcels) from subdivision maps, i .e . , Bright v. Board of
Supervisors (1977) 66 Cal .App. 3d 191 and Pratt v. Adams (1964) 229
Cal .App. 2d 602 . The language in the proposed ordinance makes clear
that any adjustment of more than four parcels within a group of
contiguous parcels would trigger the requirement to file a
subdivision map.
G:\FELIX\LLA-Merge-Ord-Report.wpd
4
I Proposed Ordinance, October 28, 2003
2 Ordinance No.
3 ORDINANCE AMENDING SECTION 20-95 AND ADDING SECTION 20-95 .1, REGARDING
LOT LINE ADJUSTMENTS, REPEALING SECTION. 20-180.2 AND AMENDING SECTION
. 4 20-180.3 REGARDING MERGERS, IN CHAPTER 20,, ENTITLED "SUBDIVISIONS",
OF THE BUTTE COUNTY CODE, AND AMENDING SECTION 24-25.25, ENTITLED
5 "PUBLIC HEARING FOR ZONING AMENDMENTS"; AND AMENDING SECTION 24-75,
ENTITLED "SITE REQUIREMENTS", OF CHAPTER 24, ENTITLED "ZONING", OF THE
6 BUTTE COUNTY CODE
7
The Board of Supervisors of the County of Butte ordains as follows :
8
Section 1 . Section 20-95 of Chapter 20 of the Butte County Code is
9
10 amended to read as follows :
11
1120-95 When a parcel map is not required.
12
13 '
(a) Generally. A parcel map shall not be required for:
(1) Subdivisions of a portion of the operating right-
14 of-way of a railroad corporation defined as such by
15
section 230 of the Public Utilities Code, which are
16 created by short, term leases (terminable by either
17 party on not more than thirty (30 days' notice in
18 writing) ;
19
(2) Land conveyed to or from a governmental agency,
20
public entity, public utility, or for land conveyed to
21
a subsidiary of a public utility for conveyance to
22
such.public utility for right-of-way, unless a showing
23 is made in individual cases, upon substantial
24 evidence, that public policy necessitates such a
25 parcel map.
26
(b) Lot line adjustments . No tentative map, parcel map or
27 final map shall be required for any conveyance or agreement
28
G:\ORDINANC\LOT LINE ADJ 5.wpd October 28, 2003
1
,l
I made solely for the purpose of correcting, confirming or
2 relocating a boundary common to abutting lots or parcels of
3 land, in accordance with a lot line adjustment approved
4 pursuant to Government Code section 66412 (d) and this
subsection (-b) section 20-95 . 1 of this Code. hot line
5
adjustments may be processed concurrently as a part of -a6
wa.Lver, parcel map, or subdivisikJil LLECLV application filed7 with the department of development serv±ces . ",
8 Section 2 . Section 20-95 . 1 is added to Chapter 20 of the Butte County
9 Code to read as follows :
10 "Section' 20-95 . 1 . Lot Line Adjustments .
11 (a) Application. Notwithstanding anything in this chapter
12 to the contrary, an application for a lot line adjustment
13 shall be made to the Department of Public-Works Development
14 Services in a manner prescribed by it along with supporting
15 documentation as required.
16
(b) Referral . The Department of Public Works Development
17 Services shall follow the referral and notice r-,-,-. -'-Its
18sectionrefer the application to
19 other affected county departments, including, but not
20 limited to, the Department of Public Works and the
21 Environmental Health Division of the Public Health
22 Department . Such departments shall review the application
23 and submit their comments pertaining thereto to the
24 Director of Development Services in writing.
25
(c) Notice . At least ten (10) days prior to taking
26
action to approve of deny the application, the Director of
27
Development Services shall give notice that the application
28
G: \ORDINANC\LOT LINE ADJ 5 .wpd October 28, 2003
2
1 has been received. Such notice shall be published pursuen
2 to 6overnment eode Section 6861 in a newspaper of genera-1
3 shall give a general
4 description of the application and the location of the real
5 property which is the subject of the application, shall
6 advise that comments pertaining to the application can be
7 made and sent to the Director of Development Services,
8 shall state the date upon which action will be taken on the
9 application, and shall be mailed or delivered:
10 water, sewage,
11 streets, roads, schools, or other essential facilities or
12 services to the property, whose ability to provide those
facilities and services may be. significantly affected; and
13
14
equalized rail within three hundred (90e) feet of the r
15
16 property which is the subject of the applicatici
17 d) Processing and action on application. The Director of
18 Development Services shall process, review, approve,
conditionally approve, or deny the application in
19
accordance with the requirements indicated below:
20
21 (1) The lots or units of land are under different
ownershi The lot line adjustment is between four or
22
fewer existing adjoining parcels, and land taken from
23
one parcel is added to an adjoining parcel . Where an
24 owner of adjoining parcels has previously obtained a
25 lot line adjustment for four adjoining parcels and
26 subsequently requests a lot line adjustment for one or
27 more additional adjoining parcels, a tentative and
28 final map is required pursuant to Article IV of this
G:\ORDINANC\LOT LINE ADJ 5 .wpd October 28, 2003
3
•
1 Chapter. Where an owner owns a group of parcels
2 without any intervening parcels owned by another
3 person, has previously obtained a lot line adjustment
for four parcels within that group, and subsequently
4
recruests a lot line adjustment for one or more
5
additional parcels within that group, a tentative and
6 final map is required pursuant to Article IV of this
7 Chapter. Where more than one property owner
8 concurrently rectuests a lot line adjustment for more
9 than four adjoining parcels, a tentative and final map
10 is required pursuant to Article IV of this Chapter.
. 11 (2) Each resulting lot or parcel of land shall conform
12 to the provisions of the general plan and the
13 applicable zoning and building ordinances of this
Code, including, but not limited to, the site
14
requirements specified in that zone and in Section 24-
15
75, and the provisions of the California Building
16 Code, as adopted, incorporated, and made a part of
17 Chapter 26 of this Code by reference. No conforming
18 lots or. parcels of land shall be made nonconforming or
19 substandard as to size or any other applicable general
20 plan or zoning standards as a result of a lot line
21 adjustment; provided, however, that the Department of
22 Public Works Development Services may approve
23 modifications of nonconforming lots or parcels where
the modifications do not adversely affect the public
24
health and safe either: decrease the existing
25 nonconformity of a lot or parcel , without increasing
26 the nonconformity of another lot or parcel ; or improve
27 health or safety conditions .
28
G: \ORDINANC\LOT LINE ADJ 5 .wpd October 28, 2003
4
1 (3) .No - -it-i i l atcr--unit:`-o f land is cr
1 become a part of those lands as described in
2 the deed to
3 as filed for record in Butte
4 County Official Records at (Serial Number
5 ) (Book
6 Parte ) No additional lots or
7 parcels are created hereby.
8 C. Documentation from a title company of the
9 applicant' s choice verifying that any deed of trust
10 affected is partially reconveyed or modified to
11 reflect the lot line adjustment and to prevent the
12 creation of any additional lot or parcel .
13 •
(5) If the lot line being adjusted is between lots or
14
parcels created by a .record map, the applicant shall provide
15
the following to the county:
16
17 a. Documentation that taxes have been paid as
18 specified in article 8 of chapter 4 of division 2 of
19 title 7 of the Government Code, commencing with
20 section 66492 .
21 b. R deed or deeds reflecting the approved lot line
22 adjustment, signed by all required parties and
23 notarized, with an attached plat showing the approved
24
modification, signed by a registered civil engineer
25
licensed prior to 1982 or a licensed land surveyor,
26
together with recording fees and documentary transfer
27
tax, if any. Said deed or deeds shall contain the
28
G:\ORDINANC\LOT LINE ADJ 5 .wpd October 28, 2003
6
1 following notes :
2 1 . The scope of review of said lot line
3
:.
adjustment was limited as specified in Government
4
Code section 66412 (d) , and approval of it does
5
not constitute assurance that future applications
6
for building permits or other land use
7
8 entitlements on the adjusted lots or parcels will
9 be approved by the County of Butte.
10 2 . The purpose of this deed is to effect a lot line
11 adjustment, as approved by the County of Butte on
12 The above described lands are to be combined
13 with and become a part of those lands as described in
14 the deed to
15 as filed for record in Butte County Official Records
16
at (Serial Number ) (Book
17
Paste . ) No additional lots or
18
parcels are created hereby.
19
20 C. Documentation from a title company of the
21 applicant' s choice verifying that any deed of trust
22 affected is partially reconveyed or modified to
23 reflect the lot line adjustment and to prevent the
24 creation of any additional lot or parcel .
25
26 (6) No record of survey shall be required unless required
27 by section 8762 of the Business and Professions Code . If a
28 record of survey is prepared to show the lot line
G:\ORDINANC\LOT LINE ADJ 5.wpd October 28, 2003
7
1 modification recording of a plat is not required pursuant
2 to subsection (5) above.
3
(7) The Director of Public ''__'___ Development Services shall
4
5 review the application for compliance with this section and
6 shall review and consider any comments received from
7 affected county departments . The Director is then authorized
8 to approve or conditionally approve any application which
9 complies with the requirements of this section or deny any
10 application found not to be in compliance . The conditions
11 imposed by the Director may include conditions to facilitate
12 the relocation of existing utilities, infrastructure or
13 easements. The action of the Director on the application
14 shall be final . The Director shall give written notice of
15
his action on the application by mail to the applicant, and
16
representative, if any, and owner(s) .
17
18 (8) kppeal from any- decision of the Birector of- Public
19 Works pursuant to this section may bq-- Made by any interested
20 penson in the same manner, procedure, and time limitat±on
21 CUD L 0. rovided in this chapter for appeals on tentative
22 maps .
23
(-9 8) All conditions of approval shall be met within thirty-
24
six (36) months from the date of approval or the approval
25
26 will be considered null and void,
. Evidence shall be submitted to the
27
28 Department of Public Works Development Services, prior to
G:\ORDINANC\LOT LINE ADJ 5.wpd October 28, 2003
8
0 •
1 the expiration of approval, that all conditions of approval
2 have been met . Deeds and plats (if required) shall be
3 submitted to the Department of Development Services and
4 referred to the Department of Public Works for checking and
5 approval prior to recordation.
6
7 (3$ 9) Development of lots or parcels resulting from lot
8 line adjustments pursuant to this section must be in
9 compliance with any and all applicable state and county
10 statutes, ordinances, and regulations.
11 10) Approval of a lot line adjustment pursuant to this
12 section shall not exempt a resulting lot or parcel from the
13 provisions of section 26-4 of the Butte County Code, if said
14 section 26-4 would otherwise be applicable . "
15
Section 3 . Section 20-180 . 2 , 'entitled "Merger of contiguous parcels" ,
16
of Chapter 20 of the Butte County Code is repealed.
17
18 Section 4 . Section 20-180 . 3 of Chapter 20 of the Butte County Code is
19 amended to read as follows :
20 "Sec. 20-180.3 . Merger of a31 carttiguous existing adjoining
21 lots or parcels into a single lot or parcel of real
22
property.
23
24 (a) Merger. Pursuant to Government Code Section 66499.20
25 3/4 and this section, existing adjoining lots
26 or parcels under common ownership may be merged into a
27 single lot or parcel without reverting to acreage.
28
G:\ORDINANC\LOT LINE ADJ 5.wpd October 28, 2003
9
1 (b) Application. Notwithstanding anything in this Chapter
2 to the contrary, an application for merger into a single lot
3 or parcel shall be made to the Department of Pu'b'lic r..__ks
4 Development Services on a form approved by the Director of
5 Pub'___ Work_ Development Services _, shall include a legal
6
description of the lots or parcels to be merged, shall
7
include a title report or preliminary title report, *current
8 .
within six months of the date the application is complete,
9
as to such lots or parcels, and shall include a legal
10
11 description of the resulting merged lot or parcel .
12 (c) Owner' s Consent . All parties having any record title
13 interest in the real property being merged shall consent to
14 the merger by executing an owner' s certificate consenting
15 to merger.. Said owner' s certificate shall be in a form
16 approved by the Director of Public Works Development
17 Services . The signature of either the holder of beneficial
18 interests under trust deeds, or the trustee under such
19
deeds, but not both, may be omitted. The signature of
20
either shall constitute a full and complete subordination
21
of the lien of the deed of trust to the merger and any
22
interest created by the merger.
23
24 (d) Compliance With Zoning Ordinance.
25 1) Mergers of lots or parcels, which contain one (1)
26 or more living units, shall only be approved if the
27 resulting single merged lot or parcel complies with
28
G:\ORDINANC\LOT LINE ADJ 5 .wpd October 28, 2003
10
I the density requirements of the tri—which it
2 meted. applicable general plan and zoning ordinance
3 requirements, including, but not limited to, the site
4 requirements specified in the zone and in section 24-
5 75 .
6
2) Each The resulting lot or parcel of land shall
7
8 conform to the provisions of the general plan and the
9 applicable zoning and building ordinances of this
10 Code . No conforming lots or parcels of land shall be
11 made non-conforming or substandard as to size or any
12 other applicable zoning standards as a result of a
13 merger; provided, however, that the Department of
14 Public Works Development Services may approve
15 modifications of nonconforming lots or parcels where
16 the modifications do not adversely affect the public
17health and safety either decrease the existing
18
nonconformity, without increasing the nonconformity of
19
another lot or parcel, or improve health or safety
20
conditions .
21
22
(e) Approval . The Director of Public Works Development
23 Services shall review the application for compliance with
24 this section and shall review and consider the application,
25 current zoning and general plan requirements, and any
26 comments received from affected County departments. The
27 Director is then authorized to approve or conditionally
28
G:\ORDINANC\LOT LINE ADJ 5.wpd October 2B, 2003
11
1 approve any application, which complies with the
2 requirements of this section, or deny any application that
3 does not comply with these requirements . The action of the
4
Director on the application shall be final . The Director
5
shall give written notice of his action on the application
6
as follows : by mail to the applicant and owner (s) and
7
8 representative, if any.
9
10 decision of the Director of Public Works -pu rsuant to this
11 section in the same manner, procedtire and time limitation
12 Cut) L-Z) rovided in this chapter for appeals on tentative
13
14
(g-f) Modification. of Encumbrances . Prior to or
15
concurrently_ with the recordation of the Certificate of
16
Merger, all encumbrances, including bonded indebtedness,
17
18 shall be modified to apply uniformly to each entire the
19 resulting lot or parcel, rather than to the portions of each
20 the resulting lot or parcel corresponding to the separate
21 lots or parcels prior to the merger.
22 (h g) Certificate of Merger. As to a finally approved
23 application, the Director of Pabl'ie-acs Development
24 Services shall record a Certificate of Merger, including
25
the. owner' s consent to merger, to evidence the merger of the
26
lots or parcels . The Certificate of Merger shall be in a
27
form approved by the Director of ftbl__ "__'__s Development
28
G: \ORDINANC\LOT LINE ADJ 5.wpd October 28, 2003
12
1 Services and may include notations to the effect that :
2 1) Approval of the merger does not guarantee that the
3
resulting lot or parcel is developable;
4
5 2) The previously existing individual lots or parcels,
6 which have been merged, are not separately available
7 for sale, lease, or financing purposes.
8 (� h) Development of Resulting Lot or Parcel . Development
9 of the lot or parcel resulting from merger pursuant to this
10 section must be in compliance with any and all applicable
11 State and County statutes, ordinances, and regulations .
12
(j- I) Compliance with Approved Access Requirements . Merger
13
pursuant to this section shall not exempt a resulting lot
14
15 from the provisions of Section 26-4 of the Butte County
16 Code, if said Section 26-4 would otherwise be applicable. "
17 Section 5 . Section 24-25.25 of Chapter 24 of the Butte County Code is
18 amended to read as follows :
19
"24-25 .25 Public hearing for zoning amendments .
20
21 (a) The planning commission shall hold a public hearing on
22 any such proposed amendment . Notice of the time, date and
23 place of said hearing including a general explanation of the
24 matter to be considered and including a general description
25 of the area affected shall be given at least ten (10)
26 calendar days before the hearing in the following manner:
27 (1) Notice shall be published at least once in a newspaper
28
G:\ORDINANC\LOT LINE ADJ 5.wpd October 28, 2003
13
I of general circulation, published and circulated in the
2 county;
3
(2) In addition, notice of the hearing shall be given by
4
mail or delivery to all persons, including businesses,
5
corporations or other public or private entities, shown on
6
.the last equalized assessment roll as owning real property
7
8 within three hundred (300) feet of the property which is the
9 subject of the proposed zoning change.
10 (3) In addition to the requirements of subsections (1) and
11 (2) above, in the event of any planning commission initiated
12 amendment, the planning commission shall give mailed notice
13 to the owner of the property which is the subject of the
14 proposed zoning change as that owner appears on the latest
15 equalized assessment roll .
16
(4) In the event that the number of persons to whom notice
17
18 would be sent pursuant to subsection (2) hereof is greater
19 than one thousand (1, 000) , .the planning commission may, as
20 an alternative to the notice required by subsection (3)
21 above, provide notice pursuant to this subsection (4) . Such
22 notice shall be given at least ten (10) days prior to the
23 hearing by either of the following procedures :
24 a. By placing a display advertisement of at least _______
25
-(1/4)- one-eighth (1/8) page in the newspaper having the
26
greatest circulation within the area affected by the
27
proposed ordinance or amendment and in at least one (1)
28
G:\ORDINANC\LOT LINE ADJ 5.wpd October 28, 2003
14
0 0
1 additional newspaper having general circulation within such
2 area, if such additional newspaper is available; or
3
b. By placing an insert with any generalized mailing sent
4
by the county to property owners in the area affected by the
5
proposed ordinance or amendment, such as billings for county
6
services .
7
8 (b) Any evidence to be received by the planning commission
9 at the public hearing, other than oral testimony, unless
10 rejected by the planning commission when offered, shall be
11 surrendered to the clerk of the commission and become the
12 property of the County of Butte . The director of
13 development services shall be the custodian of the record
14 of the planning commission and shall keep, for at . least
15 twelve (12) months following this presentation to the
16
commission, all evidence received by the commission at a
17
public hearing. At any time after twelve (12) months
18
following its presentation the director of development
19
20 services may dispose of any such evidence in any manner he
21 shall deem proper. The director of development services
22 may, upon the expiration of twelve (12) months following a
23 public hearing, release any evidence to the person or
24 persons who presented that evidence at the public hearing
25 so long as such person or persons shall make a request in
26 writing to the director of development services not more
27 than sixty (60) days nor less than thirty (30) days prior
28
G: \ORDINANC\LOT LINE ADJ 5.wpd October 28, 2003
15
1 to the expiration of the twelve (12) month period.
2 Notwithstanding the provisions of paragraph (b) above the
3
director of development services shall forward to the clerk
4
of the board of supervisors all evidence received pursuant
5
to paragraph (b) above when the matter heard by the planning
6
commission results in a recommendation to the board of
7
8 supervisors from the action of the planning commission.
9 Upon receipt by the clerk of the board of supervisors of the
10 evidence forwarded pursuant to this section the clerk of the
11 board of supervisors shall become the custodian thereof and
12 the twelve-month period pursuant to paragraph (b) above
13 shall commence after final action by the board of
14 supervisors . "
15
Section 6 . Section 24-75 of Chapter 24 of the Butte County Code is
16
amended to read as follows :
17
18 1124-75 Site requirements .
19 There are established certain minimum standards applicable
20 to building sites throughout the county regardless of zone.
21 Such standards may be reduced or increased by the
22 regulations of a particular zone by explicit regulation in
23 the section of article III containing regulations for that
24
zone :
25
(a) Lot area or building site. Unless the property is
26
connected to an approved public water supply system, the lot
27
28 area shall be of sufficient size to comply with the
G:\ORDINANC\LOT LINE ADJ 5.wpd October 28, 2003
16
i
1 requirements of Chapter 23B of this Code, and the Mminimum
2 required area of a lot shall be no less than:
I
3
(1) For parcels lots that are served by individual
4
wells and/or individual sewage disposal systems the
5
minimum lot size and configuration will be dictated by
6
the area required to accommodate said systems in
7
8 accordance with county sanitati requirements
9 including, but not limited to, the size and separation
10 requirements specified in Chapter 19 of this Code or
11 Appendix VII of the Subdivision Improvement Standards,
12 whichever is applicable, but in no case shall the
13 parcel lot be less than eight thousand one hundred
14 twenty-five (8, 125) square feet .
15
(2) For parcels where public sewage disposal service
16
17 is provided:
18 a. A minimum of six thousand five hundred (6, 500)
19 square feet . for interior lots .
20
b. A minimum of seven thousand five hundred
21
22 (7, 500) square feet for corner lots .
23 (b) Lot width. The minimum lot width shall be sixty-five
24 (65) feet .
25
(c) Lot frontage. The following minimum requirements shall
26
apply:
27
28 (1) Lots which front on a straight street and lots
G:\ORDINANC\LOT LINE -ADJ 5 .wpd ., October 28, 2003
17
1 with parallel sides shall have frontage of sixty-five
2 (65) feet or more.
3
(2) Lots which front on a curved street or on the end
4
of a cul-de-sac shall have frontage of forty (40) feet
5
or more at the front lot line and sixty-five (65) feet
6
or more at the front yard setback line.
7
8 (d) Setback, front yard. Minimum front yard setback shall
9 be twenty (20) feet from the edge of the ultimate right-of-
10 way from all public or private roads except where the road
11 is classified as a federal aid road, in which case the
12 setback shall be twenty-five (25) feet from the right-of-
13 way.
14
(e) Setback, side and rear yards . Minimum side and rear yard
15
setbacks shall not be " less than five (5) feet from the
16
17 property line for interior lots and ten (10) feet from the
18 ultimate right-of-way for the street side setback on corner
19 lots.
20 . Section 7 . Severability. If any provision of this Ordinance or the
21 application thereof to any person or circumstances is for any reason
22 held to be invalid by a court of competent jurisdiction, such
23 provision shall be deemed severable, and the invalidity thereof shall
24 not affect the remaining provisions or other applications of the
25
Ordinance which can be given effect without the invalid provision or
26
application thereof .
27
28 Section B . Effective Date and Publication. This Ordinance shall take
G:\ORDINANC\LOT LINE ADJ 5.wpd October 28, 2003
18
1 effect thirty (30) days after the date of its passage. The Clerk of
2 the Board of Supervisors is authorized and directed to publish this
3 ordinance before the . expiration of fifteen (15) days after its
4 passage. This Ordinance shall be published once, with the names of the
5 members of the Board of Supervisors voting for and against it, in the
6
a newspaper of general circulation published in the
7
County of Butte, State of California.
. 8
9 PASSED AND ADOPTED by the Board of Supervisors of the County of
10 Butte, State of California, on the day of ,
11 2003, by the following vote:
12 YES:
13
NOES :
14
15 SENT:
16 NOT VOTING:
17
18 R.J. BEELER, Chair of the
19 Butte County Board of Supervisors
ATTEST:
20 PAUL McINTOSH, Chief
21 Administrative Officer
22 and Clerk of the Board
23 By
24
G:\ORDINANC\lot line adj S.wpd
25
26
27
28
G:\ORDINANC\LOT LINE ADJ 5 .wpd. October 28, 2003
19
0
(SPACE FOR FILING STAMP ONLY)
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA,
IN AND FOR THE COUNTY OF BUTTE
In The Matter Of
Notice of Public Hearing. No.
AFFIDAVIT OF PUBLICATION -- —
State of California Ss :04 vTr pa: BETE COUNTY PLANNING COMMISSION
a
County of Butte NOTICE OF PUBLIC HEARING •
. r
The undersigned resident of the county of {
Butte, State of California,says: Notice Js`hereby:given 'bythe• Butte, County 'Planning
`Commission that a•'public hearing will be `held on Thursday,
That I am, and at all time herein mentioned n .November.l3, 2003, in the Butte County Board.of•Supervisors'
was a citizen of the United States and not a party > .-al , I
to nor interested in the above entitled matter; •Rom;'County Administration.Center,-25 County Center Drive,
:Oroviile;'California, regarding the following item:
that I am the principal clerk of the printer and t .�
publisher of
.` 'ITEEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM
The Chico Enterprise-Record ! '°;:' ''ENVIRONMENTALREVIEW
The Oroville Mercury-Register 1
9:00 A.M.-Butte County Development Services Department,
That said newspaper is one of general circula f
t.° • - 'JAniendments.to the text of the Subdivisions and
tion as defined by Section 6000 Governmentonis Ordinances of'the Butte Count Code to
Code of the State of California,Case No. 26796 '''' 9 County.
Code
procedures rocessin Lot Line
by the Superior Court of the State of California, ,'A1•'1<, Yi"''.; County',' processing
W.
in and for the County of Butte;that said newspa- "Adjustments and Mergers, revise zoning site require-
s`'.,..,. .
per at all times herein mentioned was printed `;.�s;": f- ments pertainingto sewage.disposal and wells, and
and published daily in the Ci of Chico and � r�-"I'M '.t'-,� ` � ''..
P Y h' . -revise'displaypage notice requirements.ZCA N-01.
County of Butte;that the notice of which the Jhe'above mentioned application and.map is' on file and
annexed is a true printed copy, was published in " g: i""-' -
f: .available•for public viewing at the office of the Butte County
said newspaper on the following days: .De elopment'Services Department;Planning Division, 7 County
Cente�•Drive;Oroville;California. For information call:(530) 538-
Nov. 1, 03. ,. ., -
' 7601 JIVlonday through Friday, 8:00 'a.m. to 4:00 p.m.).
:Comments may be submitted in writing at any time prior to the
4.
-y hear 4g nor orally at:the meeting listed above or as may be
continued to a later date.The planning commission shall review
:.., ... .
i Dated November 7, 2003. 1 f• • •.• -� , -. .
at Chico, California. the'amendments,and'recommend.approval or denial to the
Board of Supervisors: ". -
(sign e) r - BUTTE COUNTY PLANNING COMMISSION
YVONNE CHRISTOPHER,DIRECTOR DEVELOPMENT SERVICES
0q-ol
PROOF OF
PUBLICATION
No.
In The Matter of
y,..? -wr ;.:tea;-,a• �_ -..,... -
1 — — j
r i C•i t'.I k �la>•t a AA t w..s.:r•3,,,:f: r • t.
BUTTE COUNTY PLANNING COMMISSION
r % .+ —,NOTICE OF'A PUBLIC HEARING f
Notice is'hereby given by;lheiButte_County Planning;Commission that a'public
hearing is scheduled for Thursday?Noyes ub _,J3)2003 1 th"e Butte County,Board
(State of California) of Supervisors_'Roorn, County AdministraUon,Center' :County Center Drive,
(County of Butte) as Oroville,California,regarding the'following item:=�.`= •r- - M- • •
1HEM DETERMINED TO BE CATEGORICALLY EXEMPT pp
: FROM ENVIRONMENTAL REVIEW
The undersigned resident of the County of Butte, %:. - ' • '''
1w.ri' "••iwanlwn..,.+n..R:CY1l..� � �.4.�H w.-......�nw� i7,, •�I�Y ,� 1
State of California, says: 9:00'a.m:"`B6tte.Coup Develo ment Services,Department, Amendments
Y . P
to the,text of,the'S6bdivisions•and Zoning Ordinances'of the Butte-County
Code to.,revise[County Procedures for.,processing Lot Line Adjustments,and
That I am, and at all time herein mentioned Mergers,�revlse zoning site requirements pertaining to sewage disposal and wells,
was a citizen of the United States and not a party to i,and revise display page notice require�ments.'ZCA 04-01. '�„�, - !mv ,
nor interested in the above entitled matter; that I Thin*bove mentioned application is onlfile'a d available for,public viewirio at the ;
am the principal clerk of the printer and publisher of: office.of the Butte County Development Services Department,Planning Diwsion,,7
p p p p County�Center.Drive, Orovrile, California.,For information'call: (530) 538-7601 '
Monda throu h Friday,.8:00,a.m.4o•4:OO,p.mJ•Comments ma' be-submitted'in
The Gridley Herald i writin at any,Ume'prior to'the; eadrig or orally at the meeting-listed above or as
may be continued to7 a later date:'The Planning,Commission shall review the
amendments'and recortimend approval-or denial to the Board of Supervisors.
That said news a is one of eneral BUTTE COUNTY PLANNING COMMISSION'S.:,r.�,..:+1''-
er •r t::
p p g 'YVONNE CHRISTOPHER,'DIRECTOR OF DEVELOPMENT SERVICES
circulation as defined by Section 6000 Government Publish:October 31,,'2003 1 "- _,<`1 e'Gridle Herald
Code of the State of California,Case No. 27,207 by 7_ 77ar�,»L=7 - Y-=•
the Superior Court of the State of California,in and
for the County of Butte; that said newspaper at all
times herein mentioned was printed and published _
twice a week (on Wednesdays and Fridays) in the
City of Gridley and County of Butte; that the notice
of which the annexed is a true printed copy, was
published in said newspaper on the following days:
I certifiy (or declare), under penalty of perjury, that
the foregoing is true and correct, at Gridley,
California.
Dated ��
at Gridley,Cali a
(Signature
%UTTE COUNTY PLANP NG COMMISSION.. '
NOTICK OF A PUBLIC HEARING ,
Notice is hereby given by the Butte C6unty.Planning Commission that a public hearing is pub-
lished.for Thursday, November 13, 2003, in the Butte County Board of Supervisors' Room,
County Administration Center,25 County Center.Drive,Orovilld,California,regardirig'the`fol .
lowing item: ;
ITEM DETERMINED TO BE CATEGORICALLY EXEMPT
Paradise, P FROM ENVIRONMENTALREVIEW
9:00 a.m.- Butte County Development Services Department,Amendments to 1
the text of the Subdivisions and Zoning Ordinances of the Butte County
Declaration Of Pub Code to revise County procedures for.processing Lot Line Adjustments and'°
Mergers, revise zoning site requirements pertaining to sewage disposal and.
wells, and revise display page notice requirements. ZCA 04-01
State of California The above mentioned application is on file and available for public viewing at the off ce of the
County of Butte } ButteCounty Development Services Department, Planning Division, 7 County Center Drive, '
Oroville,California. For information call: (530) 538-7601'(Monday through Friday, 8:00 a.m.
Declarant Says: to 4:00..p.m.) Comments may be submitted in writing'at any time prior to the hearing'or orally-'
That at all times herein mentioned at the meetmi
ting listed above or as may be continued to a later date. The Planning Comssion'
said county of Butte over the age shall review'the amendments and recommend approval or,denial to the Board of•Supervisors.
interested in the within matter;th
times herein mentioned the Legal BUTTE COUNTY PLANNING COMMISSION
weekly newspaper,which said ne YVONNE CHRISTOPHER,DIRECTOR OF DEVELOPMENT SERVICES
general circulation on November November 1,2003
No. 22262 as entered in Book 30
newspaper is printed and publishe 562-03_
Saturday in Paradise in said Co
Public Notice
Notice of Public Hearing
Butte County Planning Commission
Butte County Development Services Department, Amendments to the
test of the Subdivisions and Zoning Ordinances of the Butte County
Code ZCA 04-01
Legal#562-03
Of which the copy annexed on the margin hereof is a true printed copy,
was published in said newspaper in the issues of,
November 1, 2003
And that such publications was made in the regular issues of said paper
(and not in any supplemental edition or extra thereof).
I declare under penalty of perjury that the foregoing is true and correct.
Executed on November 1,2003
Paradise, California.
1
Declarant
1 Proposed Ordinance, October 28, 2003
2 Ordinance,No.
3 ORDINANCE AMENDING SECTION 20-95 AND ADDING SECTION 20-95.1, REGARDING
LOT LINE ADJUSTMENTS, REPEALING SECTION. 20-180.2 AND AMENDING SECTION
. 4 20-180.3 REGARDING MERGERS, IN CHAPTER 20,, ENTITLED "SUBDIVISIONS",
OF THE BUTTE COUNTY CODE, AND AMENDING SECTION 24-25.25, ' ENTITLED
5 "PUBLIC HE FOR- ZONING AMENDMENTS AND AMENDING SECTION 24-75,
ENTITLED "SITE REQUIREMENTS", OF'CHAPTER 24, ENTITLED "ZONING", OF THE
6 BUTTE COUNTY CODE
7
The Board of Supervisors of .the County of Butte ordains as follows :
8
Section 1 . Section 20-95 of Chapter 20 of the Butte County Code is
9
10 amended to read as follows :
11
12 1120-95 When a parcel map is not required.
(a) Generally. A.parcel map shall not be required for:
13 '
(1) Subdivisions of a portion of the operating right-
14
of-way of a railroad corporation -defined as such by
15 section 230 of the Public Utilities Code; which are
16 created by short term Teases (terminable by either
17 party on not more than thirty (30 days' notice in
18 writing) ;
19
(2) Land conveyed to or. f rom a governmental agency,
20
public entity, public utility, or for land conveyed to
21.
a subsidiary of a public utility for conveyance to
22
such public utility for right-of-way, unless a showing
23
is made in . individual cases, upon substantial
24 evidence, that public policy necessitates such a
25 parcel map.
26
(b)' Lot line adjustments . No tentative map, parcel map or
27 final map shall be required for any conveyance or agreement ..
28
G:\ORDINANC\LOT LINE ADJ 5.wpd October. 28, 2003
' 1
1 made solely for the purpose of correcting, confirming or
2 relocating a boundary common to abutting lots or parcels of
3 land, in accordance with a lot line adjustment approved
pursuant to Government Code- section 66412 (d) and this
4
section ' 20-95 . 1 of this Code. hot 1r„.-
5 adjustments may be processed coneurren tly as a part of -&
6
waTver, par el map, or subdivision m�tp application filed7 with the department of development ser vices . "'
8 Section 2 . Section 20'-95 . 1 is added to Chapter 20 of the Butte County
9 Code to read as follows :
10 "Section 20-95 . 1 . Lot Line Adjustments .
11 (a) Application. Notwithstanding anything in this chapter
12 to the contrary, ari. application for a lot. line adjustment
13 shall be made to the Department of Public T'=_'___ Development
14 Services in a manner prescribed by it along with supporting
15 documentation as required.
16 (b) Referral . The Department of Public Works Development
17 Services shall follow the referral and notice
18 refer the application to
19 other affected county departments, including, but not
20 limited to, the Department of Public Works and the
21 Environmental Health Division of the Public Health
22 Department . Such departments shall review the application
23 and submit their comments pertaining thereto to the
24 Director of Development Services in writing'.
25
(c) Notice . At least ten (10) days prior to taking
26
action to approve or deny the application, the Director of
27
Development Services shall give notice that the application
28
G: \ORDINANC\LOT LINE ADJ 5 .wpd October 28, 2003
2
1 has been received. Such notice shall be published pursuiti
2' to 6overnment ecde Section 6861 in a newspaper of genererl
3 eirculation within the county, shall give. a general
4 description of the application and the location of the real
5 property which is the subject of the application, shall
6 advise that comments pertaining to the application can be
7 made and sent to the Director of Development Services,
8 shall state the date upon which action will be taken on the
9 application, and shall be mailed or delivered:
10 }-To each local agency expected to provide water, sewage,
11 streets, roads; schools, or other essential facilities or
12 services to the property, whose ability to provide those
facilities and services may be. signif icantly affected;
13
14 (2) To all owners of real *property as shown on the !at
- 15 equalized roll w±thin three hnndr�d (38e) feet of the real
property which is the st2bject of the applicatici
16
17 d) Processing and action on application. The Director of
18 Development Services and shall process, review, approve,
conditionally approve, or deny the application in
19
accordance with the requirements indicated below:
20
(1) The lots or units of- u__'__ different
21
The lot line adjustment is between four or
22
fewer existing adjoining parcels, and land taken from
23 -
one parcel is added to an adjoining parcel . Where an
24 owner of adjoinin
q_parcels has previously obtained a
25 lot line adjustment for four adjoining parcels and
26 . subsequently requests a lot line adjustment for one or
27 more additional adjoining parcels, a tentative and
28 final map is required pursuant to Article IV of this
G:\ORDINANC\LOT LINE ADJ 5.wpd October 28, 2003
3
I Chapter. Where an owner owns a group of parcels
2 without any intervening parcels owned by another
3 person, has previously obtained a lot line adjustment
for four parcels within that group, and subsequently
4
requests a lot . line adjustment for one - or more
5
additional parcels within that group, a tentative and
6 final map is required pursuant to Article IV of this
7 Chapter. Where more than one property owner
8 concurrently requests a lot line adjustment for more
9 than four adjoining parcels, a tentative and final map
10 is required pursuant to Article IV of this Chapter.
. 11 (2) Each resulting lot or parcel of land shall conform
12 to the provisions of the general plan and the
13 applicable zoning and building ordinances of this
Code', including, but not limited to, the site
14
requirements specified in that zone and in Section 24-
15
75, and the provisions of the California Building
16 Code, as adopted, incorporated, and made a part of
17 Chapter 26 of this Code by .reference. No conforming
18 lots or parcels of land shall be made nonconforming or
19 substandard`as to size or any other applicable general
20 plan or zoning standards as a result of a lot line
21 adjustment; provided, however, that the Department of
22 Public— Works Development Services may approve
modifications of nonconforming lots or parcels where
23
the modifications do not adversely affect the public
24
health and sa either: decrease the existing
25 nonconformity ,of a lot or parcel, without increasing
26
the nonconformity of another lot or parcel ; or improve
27 health or safety conditions .
28
G:\ORDINANC\LOT LINE ADJ 5.wpd October 28, 2003
4
1 (3) No additional 10tOXMilrt-- )ficuid is created. A
2 greater number of lots or parcels of real property
3 than originally existed is not created. ;
4 •
(4) If the lot line being adjusted is between lots or
5 parcels created by deed, " the applicant shall provide
6 the following to the county:
7 a. Documentation that taxes have been paid as
8 specified -in article 8 of chapter 4 of division
9 2 of title 7 of the Government Code, commencing
10 with section 66492 .
11 b. A deed or deeds reflecting the approved
12 adjustment, signed by. all required *parties and
13 notarized, . together with recording fees and
14 documentary transfer tax, if any. Said deed or
15 deeds shall contain the following notes :
16
1 . The scope of review of said lot line
17 adjustment was limited as specified in
18 Government Code section 66412 (d) , and
19 approval of it does not constitute assurance
20 that future applications for building
21 permits or other land use entitlements on
22 the adjusted lots or parcels will be
23 approved by the County of Butte .
24 2 . The purpose of this deed is to effect a
25 lot line adjustment, as approved by the
26 County. of Butte on The above
27 described lands are to be combined with and
28
G:\ORDINANC\LOT LINE ADJ 5 .wpd October 28, 2003
5
1 become a part of those lands as described in
2 the deed to
3 as filed for record in Butte
4 County Official Records at (Serial Number
-
5 ) (Book
6 Page ) No additional lots or
7 parcels are created hereby.
8 C. Documentation from a title company of the
9 applicant' s choice verifying that any deed of trust
10 affected is partially reconveyed or modified to
11 reflect the lot line adjustment and to prevent the
12 creation of any additional lot or parcel .
13
(5) If the lot line being adjusted is between lots or
14
parcels created by a record map, the applicant shall provide
15
the following' to the county:
16
17 a. Documentation that taxes have been paid as
18 specified in article 8 of chapter 4 of division 2 of
19 title 7 of the Government Code, commencing with
20 section 66492 .
21 b. A deed or deeds reflecting the approved lot line
22 adjustment, signed by all required parties and
23 notarized, with an attached plat showing the approved
24
modification, signed by a registered civil engineer
25
licensed prior to 1982 or a licensed land surveyor,
26
together with recording fees and documentary transfer
27
tax, if any. Said deed or deeds shall contain the
28
G:\ORDINANC\LOT LINE ADJ 5 .wpd October 28, 2003
6
1 following notes :
2 1 . The scope of review of said lot line
3
adjustment was limited as specified in Government
4
Code section 66412 (d) , and approval of it does
5
not constitute assurance that future applications
6
for • building permits or other land use
7
entitlements on the adjusted lots or parcels will
8
9 be approved by the County of Butte.
10 2 . The purpose of this deed is to effect a lot line
11 °adjustment, as approved by the County of Butte on
12 The above described. lands are to be combined
13 with and become a part of those lands as described in
14 the deed to
15 as filed for. record in Butte County Official Records
16 .
at (Serial Number ) (Book
17
Page ) No additional lots or
18
parcels are created hereby.
19
20 C. Documentation from a title company of the
21 (applicant' s choice verifying that any deed of trust
22 affected is partially reconveyed or modified to
23 reflect the lot line adjustment and . to prevent the
24 creation of any additional lot or parcel .
25
26 (6) No record of survey shall be required unless required
27 by section 8762 of the Business and Professions Code. If a
28 record of survey is prepared to show the lot line
i
G:\ORDINANC\LOT LINE ADJ 5.wpd October 28, 2003
7
1 modification, recording of a plat is not required pursuant
2 to subsection (5) above.
3-
(7) The Director of _ _____ Works Development Services shall
4
5 review the application for compliance with this section and
6 shall review and consider any comments received from
7 affected county departments . The Director is then authorized
8 to .approve or conditionally approve any application which
9 complies with the requirements of this section or deny any
10 application found not to be in compliance. The conditions
11 imposed by the Director may include conditions to facilitate
12 the relocation of existing utilities, infrastructure or
13 easements . . The action - of the Director on the application
14 shall be final . The Director shall give written notice of
15 his action on the application by mail to the applicant, and
16
representative, if any, and owner(s) .
. 17
18 iiiijibal from any decision --of the Birector of Public
19 Works pursuant to this section may be r�ade by any in'terested
20 person in th6 svenite nianner, procedure, and time limitati
21 CL 1-D -.L s provided in this chapter for appeals on ' tentative
22 maps .
23
(5� 8) All conditions of approval shall be met within thirty
24
six (3.6) months from the date of . approval or the approval
25
will be considered null and void,. unless extended pursuant
26
to section 2E)-68 . Evidence shall be submitted to the
27
Department of Public Works Development Services, prior to
28
G:\ORDINANC\LOT LINE ADJ 5.wpd October 28,.2003
8
1 the expiration of approval, that all conditions of approval
2 have been met . Deeds and plats (if required) shall be
3 submitted . to the Department of Development Services and
4 referred to the Department of Public Works for checking and
5
approval prior to recordation.
6
(3$ 9) Development of lots or parcels resulting from lot
7
8 line adjustments pursuant. to this 'section must be in
9 compliance with any and all applicable state and county
10 statutes, ordinances, and regulations .
11 10) Approval .of a lot line adjustment pursuant to this
12 section shall not exempt a resulting lot or parcel from the
13 provisions of section 26-4 of the Butte County Code, if said
i
14 section 26-4 would otherwise be applicable. "
15
Section 3 . Section 20-180 . 2 , entitled "Merger of contiguous parcels" ,
16
of Chapter 20 of the Butte County Code .is repealed.
17
18 Section 4 . Section 20-180 . 3 of Chapter 20 of the Butte County Code is
19 amended to read as follows :
.20 "Sec. 20-180.3 . Merger of a3-I contiguous existing adjoining
21 lots or parcels into a single lot or parcel of real
22
property.
23
24 .(a) Merger. Pursuant to' Government Code Section 66499.20
25 3/4 and this section, existing adjoining lots
26 or parcels under common ownership may be merged into a
27 single lot or parcel without reverting to acreage.
28
G:\ORDINANC\LOT LINE ADJ 5.wpd October 28, 2003
9
1 (b) Application. Notwithstanding anything in this Chapter
2 to the contrary, an application for merger into a single lot
3 or parcel shall be made to the Department of Public
4 Development Services on a form approved by the Director of
5 -Prblie Works Development Services _, shall include a legal
6
description of the lots or parcels to be merged, shall
7
include a title report or preliminary title report, current
8 ,
within six months of the date the application is complete,
9
as to such lots or parcels, and shall include a legal
10
11 description of the resulting merged lot or parcel .,
12. (c) Owner' s Consent . All parties having any record title
13 interest in the real property being merged shall consent to
14 the merger by executing an owner' s certificate consenting
. 15 to merger. Said owner' s certificate shall be in a form
16 approved by the Director of Public Works Development
-17 Services . The signature of either the holder of beneficial
18 interests under trust deeds, or the trustee under such '
19
deeds, but not both, may be omitted. The signature of
20
either shall constitute a full and complete subordination
21
of the lien of the deed of trust to the merger and any
22
23 interest created by the merger.
.
24 (d) Compliance With Zoning Ordinance .
25 1) Mergers of lots or parcels, which contain one (1)
26 or more living units, shall only be approved if the
27 resulting single merged lot or parcel complies with
28
G: \ORDINANC\LOT LINE ADJ 5.wpd October 28, 2003
10
1 the density requirements of the zone' tri it -is
2 ;- T applicable general plan and zoning ordinance
3 requirements, including, but not limited to, the site
4 requirements specified in the zone and in section 24-
5 75 .
6
2) The resulting lot or parcel of land shall
conform to the provisions of the general plan and the
8
9 applicable zoning and building ordinances of this
10 Code. No conforming lots. or parcels of land shall be
11 made non-conforming or substandard as to size or any
12 other applicable zoning standards as a result of a
13 merger; provided, however, that the Department of
14 Public T Development Services may approve
15 modifications of nonconforming lots or parcels where
16 the modifications do not adversely affpct the publi-c
17 either decrease the existing
18 nonconformity, without increasing the nonconformity of
19
another lot or parcel, or improve health or safety
20
conditions .
21
22 (e) Approval . The Director of Public .Works Development
23 Services shall review the application for compliance with
24 this section and shall review and consider the application,
25 current zoning and general plan requirements, and any
26 comments received from affected County departments . The
27 Director is then authorized to approve or, conditionally
28
G:\0RDINANC\L0T LINE ADJ 5.wpd October 28, 2003
11
1 approve any application, which complies with the
2 requirements of this section, or deny any application that
, 3 does not comply with these requirements . The action of the
4
Director on the application shall be final . The Director
5
shall give written notice of his action on the application
6
as follows : by mail to the applicant . and owner (s) and
7
8 representative, .if any.
9 (f) Appeal . Any interested person ke appe U- 3. from any
10 decision of the Birector of Public Works pursuant to th.L.,Z)
11 section in the same maniler, procedure and time limitati
12
as - is provided in this chapter for appeals on tentative
13 maps .
14
(g—f) Modification of Encumbrances . Prior to or
15
concurrently with the recordation of the Certificate of
16
Merger, all encumbrances, including bonded indebtedness,
17
18 shall be modified to apply uniformly to each gip the
19 resulting lot or parcel, rather than to the portions of each
20 the resulting lot or parcel corresponding to the separate
21 lots or parcels prior to the merger.
22 (h g) Certificate of Merger. As to a finally approved
23 application, the Director of Publ'ic�rs Development
24 Services shall record a Certificate of Merger, including
25
the owner'.s consent to merger, to evidence the merger of the
26
lots or parcels . The Certificate of Merger shall be in a
27
form approved by the Director of Pub'___ ._,__'__s Development
28
G:\ORDINANC\LOT LINE ADJ 5 .wpd October 28, 2003
12
1 Services and may include notations to the effect that : .
2 1) Approval of the merger does not guarantee that the
3
resulting lot or parcel is developable;
4
5 2) The previously existing individual lots or parcels,
6 which have .been merged, are not separately available
7 for sale, lease, or financing -purposes .
8 (� h) Development of Resulting Lot or Parcel . Development
9 of the lot or parcel resulting from merger pursuant to this
10 section must be in compliance with any' and all applicable
11 State and County statutes, ordinances, and regulations .
12
(7 I) Compliance with Approved Access Requirements . Merger
13
pursuant to this section shall not exempt a resulting lot
14
15 from the provisions of Section 26-4 of the Butte. County
16 Code, if said Section 26-4 would otherwise be applicable. "
17 Section 5 . Section 24-25 .25 of Chapter 24 of the Butte County Code is
18 amended to read as follows :
19
"24-25 .25 Public hearing for zoning amendments .
20
21 (a) The planning commission shall hold a public hearing on
22 any such proposed amendment . Notice of the time, date and
23 place of said hearing including a general explanation of the
24 matter to be considered and including a general description
25 of the area affected shall be given at. least ten (10)
26 calendar days before the hearing in the following manner:
27 (1) Notice shall be. published at least once in a -newspaper
28
G:\ORDINANC\LOT LINE ADJ 5.wpd October* 28, 2003
13
I of general circulation, published and circulated in the
_ 2 county;
3
(2) In addition, notice of the hearing shall be given by
4
mail or delivery to all persons, including businesses,
5 '
corporations or other public or private entities, shown on
6
the 'last equalized assessment roll as owning real property
7
within three hundred (300) feet of the property which is the
8
9 subject of the proposed zoning change .
10 (3) In addition to the requirements of subsections (1) and
11 (2) above,. in the event of any planning commission initiated
12 amendment, the planning commission shall give mailed notice
13 to the owner of the. property which is the subject of the
14 . proposed zoning change as. that owner appears on the latest
15 equalized assessment roll .
16
17 (4) In the event that the number of persons .to whom notice
18 would be sent pursuant to subsection (2) hereof is .greater
19 than one thousand (1, 000) , the planning commission may, as
20 an alternative to the notice required by subsection (3) .
21 above, provide notice pursuant to this subsection (4) . Such
22 notice shall be given at least- ten (10) days prior to the
23 hearing by either of the following procedures :
24 a. By placing a display advertisement of at least one-four
25
-(1j4) one-eighth (1/8) page in the newspaper having the
26
greatest circulation within the area affected by the
27
proposed ordinance or amendment and in at least one (1)
28
G:\ORDINANC\LOT LINE ADJ ,5.wpd October 28, 2003
14
1 additional newspaper having general circulation within such
2 area, if such additional newspaper is available; or
3
b. By placing an insert with any generalized mailing sent
4
by the county to property owners in the area affected by the
5
proposed ordinance or amendment,_ such as billings for county
6
services .
7
8 (b) Any evidence to be received by the planning commission
9 at the public hearing, other than' oral testimony, unless
10 rejected by the planning commission when offered, shall be
11 surrendered to the clerk of the commission and become the
12 property of the- .County of Butte. The director of
13 development services shall be the custodian of the record
14 of the planning commission and shall keep, for at least
15 twelve (12) months following this presentation to the
16
commission, all evidence received by the commission at a
17
public hearing. At any time after. twelve (12) months
18
following its presentation the director of development
19
services may dispose of any such evidence in any manner he
20
21 shall deem proper. The- director of development services
22 may, upon the expiration of twelve (12) months following a
23 public hearing; release any evidence to the person or
24 persons who presented that evidence at the public -hearing
25 so long as such person or persons shall make a request in
26 writing to the director of development services not more
27 than sixty (60) days nor less than thirty (30) days prior
28
G: \ORDINANC\LOT LINE ADJ 5 .wpd October 28, 2003
15
1 to the expiration of the twelve (12) month period.
2 Notwithstanding the provisions of paragraph (b) above the
3
director of development services shall. forward to the clerk
4
of the board of supervisors all evidence received pursuant
5
to paragraph (b) above when the matter heard by the planning
6
commission results in a recommendation to the board of
I 7
i. 8 supervisors from the action of the planning- commission.
9 Upon receipt by the clerk of the board of supervisors of the
10 evidence forwarded pursuant to this section the clerk of the
11 board of supervisors shall become the custodian thereof and
12 the twelve-month period pursuant to paragraph (b) above
13 ,shall commence after final action by the board of
14 supervisors . "
15
Section 6 . Section 24-75 of Chapter 24 of the Butte County Code is
16
amended to read as follows : .
17
18 "24-75 Site requirements .
19 There are established certain minimum standards applicable
20 to building sites throughout the county regardless of zone.
21 Such standards may be reduced or increased by the
22 regulations of a particular zone by explicit regulation in
23 the section of article III containing regulations for that
24
zone :
25
(a) Lot area or building site. Unless the property is
26
connected to an approved public water supply system, the lot
27
28 area shall be of sufficient size to comply with the
G:\ORDINANC\LOT LINE ADJ 5 .wpd October 28, 2003
i
16
1 requirements of Chapter 23B of this Code, and the Mminimum
2 required area of a lot shall be no less than:
3
(1) For parcels lots that are served by individual
4
wells and/or individual sewage disposal systems the
5
minimum lot size and configuration will be dictated by
6
the area required to accommodate said systems in
7
8 accordance with county sanitati requirements .
9 including, but not limited to, the size and separation
10 requirements specified in Chapter 19 of this Code or
11 Appendix VII of the Subdivision Improvement Standards,
12 whichever is applicable, but in 'no case shall the
13 parcel lot be less than eight thousand one hundred
14 twenty-five (8, 125) square feet .
15
(2) For parcels where public sewage disposal service
16
is provided:
17
18 a. A minimum of six thousand five hundred (6, 500)
19 square feet for interior lots .
20
b. A minimum of seven thousand five hundred
21
22 (7, 500) square feet for corner lots .
23 (b) Lot width. The minimum lot width shall be sixty-five
24 (65) feet .
25
(c) Lot frontage. The following minimum requirements shall
26
apply:
27
28 (1) . Lots which front on a straight street and lots
G:\ORDINANC\LOT LINE ,ADJ 5 .wpd October 28, 2003
17
1 with parallel sides shall have frontage of sixty-five
2 (65) feet or more.
3.
(2) Lots which front on a curved street or on the end
4
. of a cul-de-sac shall have frontage of forty (40) feet
5
or more at the front lot line and sixty-five (65) feet
6
or' more at the front yard setback line.
7
8 (d) 'Setback, front. yard. Minimum front yard setback shall
9 be twenty (20) feet from the edge of the ultimate right-of-
10 way from all public or private roads except where the road
11 is classified as a federal aid road, in which case the
12 setback shall be twenty-five (2 5) feet from the right-of-
13
ight-of-
13 way.
14
(e) Setback, side and. rear yards . Minimum side and rear yard
15 $
setbacks shall not be less than five (5) feet from the
16
property line for interior lots and ten (10) feet from the
17.
18 ultimate right-of-way for .the street side setback on corner
19 lots .
20 Section 7 . Severability. If any provision of this Ordinance or the
21 application thereof to any person or circumstances is for any reason
22 held to be invalid by a court of competent jurisdiction, such
23 provision shall be deemed severable, and the invalidity thereof shall
24 not affect the remaining provisions or other applications of the
25
Ordinance which can be given effect without the invalid provision or
26
application thereof .
27
28 Section 8 . Effective Date and Publication. This Ordinance shall take
G:\ORDINANC\LOT LINE ADJ 5.wpd Octbber 28, 2003
18
1 effect thirty (30) days after the date of ,its passage. The Clerk of
2 the Board. of Supervisors is authorized and directed to publish this
3 ordinance before theexpirationof : fifteen (15) days after its
4 This Ordinance shall be
passage. published once, with the names of the
5 members of the Board of Supervisors voting for and against it, in the
6
a newspaper of general circulation published in the
7
County of Butte, State of California.
8
9 PASSED AND ADOPTED by the Board of Supervisors of the County of
10 Butte, State of California, on the day of ,
11 20031 by the following vote: '
12 YES :
r
13
NOES :
14
15 ABSENT:
16 NOT VOTING:
17
18 R.J. BEELER, Chair of the
19 Butte County Board of Supervisors
ATTEST:
20 PAUL McINTOSH, Chief
21 Administrative Officer
22 and Clerk of the Board
23 By
24
G:\ORDINANC\lot line adj 5.wpd
25
26
27
28
G:\ORDINANC\LOT LINE ADJ 5 .wpd October 28, 2003
19
r
o�QTTFO
O 0
0 INTER-DEPARTMENTAL MEMORANDUM
0 " '` 0
OFFICE OF BUTTE COUNTY COUNSEL
C4U N'�y
TO: Planning Commission (November 13 , 2003 Meeting)
FROM: Felix Wannenmacher, Deputy County Counsel
SUBJECT: Proposed Ordinance Amending Lot Line Adjustment and
Merger Provisions of Chapter 20, and amending Section 24-
25 . 25, "Public hearing for zoning amendments" , and
Section 24-75, "Site requirements" , of Chapter 24 , of the
Butte County Code
DATE: October 28 , 2003
Attached is a proposed ordinance (dated October 10, 2003) amending
lot line adjustment and merger provisions of Chapter 20 of the
Butte County Code (BCC) and amending the site requirements in
Chapter 24 . The purpose of the amendments is to bring the County
Code into compliance with state law, as amended, to respond to
complaints about existing County requirements, and to make
clarifications . This ordinance is the last in a series of revisions
prepared with input from the County departments most directly
affected, namely, Development Services, the Environmental Health
Division of the Department of Public Health, and the Land
Development Division of the Department of Public Works .
The proposed ordinance would make the changes in the BCC discussed
below. Deletions of existing BCC language are shown with __rike_-_-`=
and additions are shown with underlining.
A. Lot Line Adjustments
1) Moves the detailed provisions regarding lot line adjustments out
of BCC section 20-95 into new section 20-95 . 1 .
2) Deletes the provision regarding concurrent processing of lot
line adjustments as a part of waiver, parcel map, or subdivision
map applications . This provision has been interpreted to allow
approval of lot line adjustments by the body approving those other
types of applications, with the result that some lot line
adjustments were approved by the Director of Public Works and
others were approved by the Development Review Committee. For
future actions the deletion will clarify that all lot line
adjustments will be acted on by the Director of Development
.— Services . Applications for lot line adjustments can still be
processed concurrently with the other referenced related
1
applications .
3) Designates Development Services rather than Public Works as the
department which will process lot line adjustment and merger
applications .
4) Deletes the requirement for the lots to be under different
ownership. This requirement is out of step with other
jurisdictions .
5) Modifies the notice procedure for lot line adjustments . Since
the procedure is ministerial, the requirement for publishing notice
and notifying neighbors within 300 feet has been deleted, which
will reduce processing time and expense .
6) Adds the requirement, consistent with GC 66412 (d) , as amended
effective January 1, 2002 , that the lot line adjustment be between
four or fewer lots . In addition, consistent with the intent of the
amendment to GC 66412 (d) , language has been added making it clear
that a tentative subdivision map and final map is required if a
property owner seeks to adjust the lot lines of more than four
lots .
7)Adds the requirement, consistent with GC 66412 (d) , as amended
effective January 1, 2002 , that each resulting lot shall conform to
the general plan.
8) Clarifies that conformance with the zoning ordinance includes
conformance with the site requirements specified in the zoning
ordinance . (Note : the draft also proposes amendments in section 24-
75, as discussed below in part C. )
9) Clarifies that conformance with building ordinances requires
conformance with the California Building Code, which has been
adopted and incorporated by reference into BCC Chapter 26 . It
should be noted that the California Building Code specifies in
section 106 .4 . 1 that building plans submitted for review by the
building official may be reviewed by other departments to verify
compliance with any applicable laws under their jurisdiction.
Thus, for example, plans could be submitted to Environmental Health
to verify compliance with sewage disposal requirements .
10) Amends the language regarding modification of nonconforming
lots or parcels . The existing language allows modifications which
do not adversely affect the public health or safety. The proposed
language allows modifications which either decrease the existing
nonconformity (without increasing the nonconformity of another lot
or parcel) or improve health or safety conditions .
11) Modifies the language prohibiting the creation of additional
lots to more closely track the language in GC 66412 (d) .
2
' 12) Deletes current language allowing the extension of time for
meeting the conditions of an approved lot line adjustment . The BCC
already allows 36 months for the conditions of approval to be met,
which is a generous time period, compared to the time allowed in
other jurisdictions .
13) Expands the language of the note which is required on deeds
effecting approved lot line adjustments . The expanded language
corresponds with the more detailed note which is in actual use .
14) Authorizes the Director of Development Services to impose
conditions to facilitate the relocation of existing utilities,
infrastructure or easements . Such conditions are specifically
authorized by GC 66412 (d) .
15) In recognition that the procedure is ministerial, the draft
specifies that the action of the Director of Development Services
on the application is final and deletes the existing provision
which allows an appeal to the Board of Supervisors .
B. Mergers
1) Repeals BCC 20-180 . 2 . This section allows the voluntary merger
of parcels and was commonly used in the past as an alternative to
a lot line adjustment, when the lots in question were under common
ownership. The deletion of the requirement for lots to be under
different ownership to be eligible for a lot line adjustment makes
the merger alternative unnecessary.
2) Amends BCC 20-180 . 3 , which provides an expeditious procedure for
lots under common ownership to be merged into a single lot . The
amendments : delete the requirement that all contiguous lots or
parcels may be merged into a single lot or parcel, thereby allowing
only some of the contiguous lots to be merged; provide that
applications for mergers would be filed with the Department of
Development ,Services; require the resulting merged lot to conform
to the general plan and zoning ordinance site requirements; amends
the language regarding modification of nonconforming lots or
parcels, deleting the existing language which allows modifications
which do not adversely affect the public health or safety, and
replacing it with proposed language allowing modifications which
either decrease the existing nonconformity (without increasing the
nonconformity of another lot or parcel) or improve health or safety
conditions; and makes action taken on the application by the
Director of Development Services final, with no appeal to the Board
of Supervisors .
C. Zoning ordinance amendment
The draft ordinance proposes amending BCC section 24-75, Site
Requirements, to provide that, unless the property is connected to
an approved public water supply system, the lot area shall be of
3
v
sufficient size to comply with the well requirements of Chapter 23B
of the BCC. In addition, as to lots served by individual wells
and/or individual sewage disposal systems, the ordinance proposes
that the required lot size and configuration shall be in accordance
with county requirements, including, but not limited to, the size
and separation requirements specified in Chapter 19 of the BCC or
Appendix VII of the Subdivision Improvement Standards, whichever is
applicable .
The draft ordinance additionally proposes amending BCC section 24-
25 . 25 (a) (4) (a) to make it conform to GC section 65091 (a) (3) by
allowing the publication of a one-eighth page display ad rather
than a one-fourth page display ad where notice must be given to
more than 1, 000 individuals .
D. General Considerations
In drafting this proposed ordinance, the County Counsel' s Office
sought the guidance of several outside attorneys . With the help of
these attorneys, it was determined that Butte County could adopt an
ordinance that clarified the limits of the new lot line adjustment
legislation, even though Butte County' s interpretation might be
more restrictive than other jurisdictions . This interpretation
concerns limiting the number of parcels to be adjusted to only four
parcels within an entire group of contiguous parcels . There is no
indication in the enacting legislation, SB497, that more
restrictive local ordinances are preempted. Further, it can be
argued that our clarification of the language accurately follows
the true intent of the legislation. It certainly follows analogous
reasoning in prior case law distinguishing parcel maps (four or
fewer parcels) from subdivision maps, i .e. , Bright v. Board of
Supervisors (1977) 66 Cal .App. 3d 191 and Pratt v. Adams (1964) 229
Cal .App. 2d 602 . The language in the proposed ordinance makes clear
that any adjustment of more than four parcels within a group of
contiguous parcels would trigger the requirement to file a
subdivision map.
G:\FELIX\LLA-Merge-Ord-Report.wpd
4