HomeMy WebLinkAboutLOT LINE ADJUSTMENTS AND MERGES ROUNDTABLE DISCUSSION DECEMBER 9, 2003Lot Line Adjustments and Mergers Roundtable Discussion
December 9, 2003
Yvonne Christopher, Director, Department of Development Services called the meeting ,to order,
at 4:1.0 p.m. at the Butte County General Services Building located at 3-A County Center Drive
Conference Room in Oroville.
In attendance were Lorrie Lundy, L&L Surveying; Michael Evans, Evans Fun Works; Tom
Wrinkle, Sierra West Surveying; Jim Herrick, NorthStar Engineering; and John D.
Christofferson, GDA.
Staff members present were Yvonne Christopher and Dolores Horn, Department of Development
Services; and Stuart Edell, Butte County Public Works.
Yvonne Christopher was asked about her philosophy behind the lot adjustment and merger draft
ordinance, since it was implied she had minimum input to the document.
Yvonne Christopher responded that she did review the draft ordinance and provided feedback to
-County Counsel, as well as other. various county departments. She did not necessarily agree to
all of its content, but explained the discussion period was part of the,draft review process.
Discussion ensued on interpretation of the Subdivision Map Act as it related to the draft
ordinance and the need for it to comply with the General Plan, Zoning, and Building
Regulations.
Yvonne Christopher told the group the questions raised at private appeal hearings last week on
lot line adjustments would come up again where there are gray areas of interpretation. She
explained the Board of Supervisors would have to determine how to interpret the draft ordinance.
She added that she serves at the Board's direction.
A group member stated he had conducted a phone query of five surrounding counties to
understand how they handled lot line adjustments that were non -conforming. He explained the
responses ranged from "this is not a problem'.' to "we changed the general planto allow making
parcels compliant." As a result, he ,expressed there was no reason to control someone's lot line
adjustment.
Yvonne Christopher explained there' are three layers of inconsistency: the General Plan and
Zoning, what is real on the ground and Zoning, and what is real on the ground versus the General
Plan.
There was discussion on California Government Code Section 66412(d) regarding projects .
subject to the Subdivision Map Act. The group stated that - non -conforming lots have been
approved for 12 years, and it would be considered against the law if the ordinance were to be
adopted. The members agreed there was a new interpretation. of the law by a new County
Counsel.
Staff informed the group that any comments they wished the Board of. Supervisors to review at
the December 16th meeting should, be submitted to Marion Reeves, Clerk of the Board, as soon
as possible.
1 -
Lot Line Adjustments and Mergers Roundtable Discussion
December 9, 2003 _
Page 3 of 4
The group discussed the wording on "page 3, line 23; of the November 21" draft- ordinance.
(Note: all subsequent suggested 'changes refer to the November 21, 2003 proposed ordinance
document for lot line adjustments and mergers.) The interpretation'shared by the group was an
owner would not be allowed to do, what they wish to do with their property. For' example, if
someone owns a strip of land (20 parcels), and they executed a lot line adjustment on the west
end with 4 parcels, the owner would not be able to do :the same on the east end. They did not
understand the rationale behind•it. ,
Yvonne Christopher asked if there was agreement that a lot line adjustment is simply a lot line
adjustment and a merger is, two or' more parcels with an erasure of a line to make fewer parcels.
The group _responded they were in agreement.
Yvonne Christopher. also asked if there was a consensus that any determination at a staff level
should be appealable to the Board of Supervisors. The group agreed. "
The group was also in agreement that a merger should not be forced. For example, -if there were
four non -conforming lots and• an owner only wished to merge two of the four 'to make it more '
conforming, an individual should not be forced to merge all four parcels. '
Yvonne Christopher explained -that she could not speak to -the strict interpretation of the law and
would have to obtain clarification from the Board of Supervisors as. to whether they understand
the ramifications of accepting County Counsel's strict interpretation f rion-conforming. '
Yvonne `Christopher summarized the group's concerns to this point and stated that the group
believed the interpretation ,should not be so strict and there should be some flexibility. '
The group ,went onto discuss timelines as discussed on page 8, lines 23-32. The group as a
whole did not believethis was adequate time to complete a lot line adjustment. Another member
explained that some of her requests were court ordered and 3.6 months is not enough time for
some of her clients.,.
c Yvonne Christopher asked Stuart Edell what would be the disadvantages to allowing -extensions.
Mr. Edell responded that he thought.there really was not a "down side" to extensions.
There was a brief discussion on extensions for "other areas of business and why conditions of
approval could not be extended for lot line lines and mergers. As a result of the conversation,
Yvonne Christopher stated she would, request the extension ability be reinstated.`
Next, the group discussed the current applicationprocess; Attention was directed to page 'l, lines
23-25,, of paragraph -"20-95 (b). Lot line adjustments." The group was concerned about the
impact on the filing process and specifically' applications that could not run concurrently.. After
some discussion, the group requested that lines 23-25 be reinstated in the document.
n
Lot Line Adjustments and Mergers Roundtable Discussion
December 9, 2003
Page 4 of 4
Discussion ensued on other suggested wording changes in the document as follows:
On page•5, line 7, insert following language after "notarized":
"legal description signed by a registered civil engineer licensed prior to 1982 or a
professional land surveyor"
Previously, the group discussed the need to reinstate the right to appeal. The following requested
document changes are related to that discussion:
On page 12, lines 8 and 9, -the group requested the wording, "The action of the
Director on the application shall be, final." be deleted and
lines 17 to 22, under "Appeal be reinstated. , Also, change "Public Works_" to
"Development Services."
On page 8, line 12, add "on-site to read "on-site utilities ..."; strike out the
wording "...The action of the Director on the application shall be final...."; and
reinstate lines •18 to 22
Another suggested wording change included:
On page 6, between lines. 13 and 21, of section 5, the group. suggested the
following wording change (italicized):
"b. A deed or deeds reflecting the approved lot. line adjustment,
signed by all.. required `parties and notarized; with an attached plat
showing the approved modification, and legal description signed >
by a registered civil engineer licensed .prior to 1982 or a
professional >lieensel land surveyor, together with recording fees
and documentary transfer tax, if any...."
There was discussion regarding page 4, lines 19-21, about ' non -conformity of lots. Yvonne
Christopher stated, she could not address this particular issue, and reiterated the Board of
Supervisors would have to decide on the interpretation.
Discussed at, length was how to best. handle the numerous non -conforming lots in Butte County
and the need for more flexibility from the draft ordinance to make lots more useable. The group
discussed page 9, lines'22-28, of the document related to this subject.
The group expressed the need for a policy statement from the Board of Supervisors ,on how to,
best address the issue of non -conforming lots. Some members remarked that problems were,
being created where, there were none..
One participant asserted that the purpose of a regulation was to provide for the orderly
development of property and to protect the public. He stated that he disagreed with a regulation
that jeopardizes the ability of the public to solve their problems. .
Lot Line Adjustments and Mergers Roundtable Discussion
December 9, 2003
Page 5 of 4
Yvonne reiterated the three levels of conflict that' exist today were created `by past actions ,of
officials. Asa result, the direction taken by the. Board of Supervisors, the Chief Administrative
Officer, andCounty Counsel was to seek more rigidity and consistency.
The group was asked where they would like to see, more flexibility -written into the document.
One response was what had been already been discussed. Another suggested change was on
page 4, lines 17 and 18, to not strike out "do not adversely affect the public health and safety..'.
Yvonne Christopher stated that the draft ordinance would probably be heard between 9:00 a.m.
to 12 Noon at the December 16,2003 Board of Supervisors meeting and encouraged everyone's
attendance to speak on the subject.
The ordinance topic concluded and comments would be forwarded to County Counsel
YvonneChristopher discussed a different topic regarding the Big Box ordinance also known as a
superstore. She explained that County Counsel was instructed to write an ordinance, and it is on
a fast track.
Yvonne- Christopher communicated to County Counsel that she would have liked additional time
to talk with neighboring cities (Chico, Oroville, Gridley, and Biggs) and the Users' Group. She
added the Big Box ordinance was scheduled to be heard by the. Planning Commission on
Thursday, December 11 th and the Board of Supervisors hearing on December 16th
The meeting concluded at 5:45 p.m.
Minutes prepared by Dolores Horn.
Lot Line Adjustments and Mergers Roundtable Discussion DRAFT
December 9, 2003
Yvonne Christopher, Director, Department of Development Services called the meeting to order
at 4:10 p.m. at the Butte County General Services Building located at 3-A County Center Drive
Conference Room in Oroville.
In attendance were Lorrie Lundy, L&L Surveying; Michael Evans, Evans Fun Works; Tom
Wrinkle, Sierra West Surveying; Jim Herrick, NorthStar Engineering; and John D.
Christofferson, GDA.
Staff members present were Yvonne Christopher and Dolores Horn, Department of Development
Services; and Stuart Edell, Butte County Public Works.
Yvonne Christopher was asked about her philosophy behind the lot adjustment and merger draft
ordinance, since it was implied she had minimum input to the document.
Yvonne Christopher responded that she did review the draft ordinance and provided feedback to
County Counsel, as well as other various county departments. She did not necessarily agree to
all of its content, but explained the discussion period was part of the draft review process.
Discussion ensued on interpretation of the Subdivision Map Act as it related to the draft
ordinance and the need for it to comply with the General Plan, Zoning, and Building
Regulations.
Yvonne Christopher told the group the questions raised at private appeal hearings last week on
lot line adjustments would come up again where there are gray areas of interpretation. She
explained the Board of Supervisors would have to determine how to interpret the draft ordinance.
She added that she serves at the Board's direction.
A group member stated he had conducted a phone query of five surrounding counties to
understand how they handled lot line adjustments that were non -conforming. He explained the
responses ranged from "this is not a problem" to "we changed the general plan to allow making
parcels compliant." 'As a result, he expressed there was no reason to control someone's lot line
adjustment.
Yvonne Christopher explained there are three layers of inconsistency: the General Plan and
Zoning, what is real on the ground and Zoning, and what is real on the ground versus the General
Plan.
There was discussion on California Government Code Section 66412(d) regarding projects
subject to the Subdivision Map Act. The group stated that non -conforming lots have been
approved for 12 years, and it would be considered against the law if the ordinance were to be
adopted. The members agreed there was a new interpretation of the law by a new County
Counsel.
Staff informed the group that any comments they wished the Board of Supervisors to review at
the December 16`" meeting should be submitted to Marion Reeves, Clerk of the Board, as soon
as possible.
Lot Line Adjustments and Mergers Roundtable Discussion
December 9, 2003
Page 3 of 4
The group discussed the wording on page 3, line 23, of the November 21" draft ordinance.
(Note: all subsequent suggested changes refer to the November 21, 2003 proposed ordinance
document for lot line adjustments and mergers.) The interpretation shared by the group was an
owner would not be allowed to do what they wish to do with their property. For example, if
someone owns a strip of land (20 parcels), and they executed a lot line adjustment on the west
end with 4 parcels, the owner would not be able to do the same on the east end. They did not
understand the rationale behind it.
Yvonne Christopher asked if there was agreement that a lot line adjustment is simply a lot line
adjustment and a merger is two or more parcels with an erasure of a line to make fewer parcels.
The group responded they were in agreement.
Yvonne Christopher also asked if there was a consensus that any determination at a staff level
should be appealable to the Board of Supervisors. The group agreed.
The group was also in agreement that a merger should not be forced. For example, if there were
four non -conforming lots and an owner only wished to merge two of the four to make it more
conforming, an individual should not be forced to merge all four parcels.
Yvonne Christopher explained that she could not speak to the strict interpretation of the law and
would have to obtain clarification from the Board of Supervisors as to whether they understand
the ramifications of accepting County Counsel's strict interpretation of non -conforming.
Yvonne Christopher summarized the group's concerns to this point and stated that the group
believed the interpretation should not be so strict and there should be some flexibility.
The group went on to discuss timelines as discussed on page 8, lines 23-32. The group as a
whole did not believe this was adequate time to complete a lot line adjustment. Another member
explained that some of her requests were court ordered and 36 months is not enough time for
some of her clients.
Yvonne Christopher asked Stuart Edell what would be the disadvantages to allowing extensions.
Mr. Edell responded that he thought there really was not a "down side" to extensions.
There was a brief discussion on extensions for other areas of business and why conditions of
approval could not be extended for lot line lines and mergers. As a result of the conversation,
Yvonne Christopher stated she would request the extension ability be reinstated.
Next, the group discussed the current application process. Attention was directed to page 1, lines
23-25, of paragraph "20-95 (b). Lot line adjustments." The group was concerned about the
impact on the filing process and specifically applications that could not run concurrently. After
some discussion, the group requested that lines 23-25 be reinstated in the document.
Page 3 4
Lot Line Adjustments and Mergers Roundtable Discussion
December 9, 2003
Page 4 of 4
Discussion ensued on other suggested wording changes in the document as follows:
On page 5, line 7, insert following language after "notarized":
"legal description signed by a registered civil engineer licensed prior to 1982 or a
professional land surveyor"
Previously, the group discussed the need to reinstate the right to appeal. The following requested
document changes are related to that discussion:
On page 12, lines 8 and 9, the group requested the wording, "The action of the
Director on the application shall be final." be I deleted and
lines 17 to 22, under "Appeal" be reinstated. Also, change "Public Works" to
"Development Services."
On page 8, line 12, add "on-site" to read "on-site utilities ..."; strike out the
wording "...The action of the Director on the application shall be final...:"; and
reinstate lines 18 to 22
Another suggested wording change included:
On page 6, between lines 13 and 21, of section 5, the group suggested the
following wording change (italicized):
"b. A deed or deeds reflecting the approved lot line adjustment,
signed by all required parties and notarized, with an attached plat
showing the approved modification, and legal description signed
by a registered civil engineer licensed prior to 1982 or a
professional licensed land surveyor, together with recording fees
and documentary transfer tax, if any...."
There was discussion regarding page 4, lines 19-21, about non -conformity of lots. Yvonne
Christopher stated she could not address this particular issue, and reiterated the Board of
Supervisors would have to decide on the interpretation.
Discussed at length was how to best handle the numerous non -conforming lots in Butte County
and the need for more flexibility from the draft ordinance to make lots more useable. The group
discussed page 9, lines 22-28, of the document related to this subject.
The group expressed .the need for a policy statement from the Board of Supervisors on how to
best address the issue of non -conforming lots. Some members remarked that problems were
being created where there were none.
Page 4 of 4
Lot Line Adjustments and Mergers Roundtable Discussion
December 9, 2003
Page 5 of 4
One participant asserted that the purpose of a regulation was to provide for the orderly.
development of property and to protect the public. He stated that he disagreed with a regulation
that jeopardizes the ability of the public to solve their problems.
Yvonne reiterated the three levels of conflict that exist today were created by past actions of
officials. As a result, the direction taken by the Board of Supervisors, the Chief Administrative
Officer, and County Counsel was to seek more rigidity and consistency.
The group was asked where they would like to see more flexibility written into the document.
One response was what had been already been discussed. Another suggested change was on
page 4, lines 17 and 18, to not strike out "do not adversely affect the public health and safety..."
Yvonne Christopher stated that the draft ordinance would probably be heard between 9:00 a.m.
to 12 Noon at the December 16, 2003 Board of Supervisors meeting and encouraged everyone's
attendance to speak on the subject.
The ordinance topic concluded and comments would be forwarded to County Counsel.
Yvonne Christopher discussed a different topic regarding the Big Box ordinance also known as a
superstore. She explained that County Counsel was instructed to write an ordinance, and it is on
a fast track.
Yvonne Christopher communicated to County Counsel that she would _have liked additional time
to talk with neighboring cities (Chico, Oroville, Gridley, and Biggs) and the Users' Group. She
added the Big Box ordinance was scheduled to be heard by the. Planning Commission on
Thursday, December 11 `h and the Board of Supervisors hearing on December 16ch
The meeting concluded at 5:45 p.m.
Minutes prepared by Dolores Horn.
Page 5 of 4
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Proposed Ordinance, November 21, 2003
Ordinance No.
ORDINANCE AMENDING SECTION 20-95 AND ADDING SECTION 20-95.1,
REGARDING LOT LINE' ADJUSTMENTS, REPEALING SECTION 20-180.2 AND
AMENDING SECTION 20-180.3 REGARDING MERGERS,'IN CHAPTER 20, ENTITLED
"SUBDIVISIONS", OF THE BUTTE COUNTY CODE, AND AMENDING -SECTION -24-
25.25, ENTITLED,"PUBLIC HEARING FOR ZONING AMENDMENTS", AND SECTION
24-75, ENTITLED "SITE REQUIREMENTS", OF CHAPTER_ 24, ENTITLED
"ZONING", OF THE BUTTE COUNTY CODE
The Board of Supervisors of the .County of Butte ordains as follows:
Section'i. Subsection (b) of Section.20-95, entitled "When a parcel
map is not required", of Chapter 20, entitled "Subdivisions of the
Butte County Code, is amended by amending the firstparagraph thereof
to read as follows and by redesignating the remainder thereof as new
section 20-95.1, which new section is added to Chapter 20 by section
2 of this ordinance:
"20-95 (b). Lot line adjustments.
No tentative map, parcel map or final map shall be required for
any conveyance or agreement made solely for the purpose of
correcting, confirming or relocating a boundary common to
eebutting adjoining lots or parcels of land, in accordance with
.a lot line adjustment approved pursuant to Government Code
section 66412(d) and Ichis subsecIcion section -20-95.1 of
this Code. hot adjustments may be processed concurre
as. a part: of er waiv=.L, parcel, map, or subdivision map
Section 2. Commencing with the second paragraph of Subsection (b)
of Section 20.-95, said Subsection'(b) is amended to read as follows
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 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
10section 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
published pursuant to eovernmelle ecde section 6e6± in a
21
newspaper of general cirettlaticii within the shat l
22
give a general description of the application and the
23
location of the real property which is the subiect 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
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mailed or delivered
{�}—�'to each local actency expected to provide water,
sewage, streets, roads, schools, or other essential
facilities or services to the Property, whose' ability to
provide those facilities and services may be significantly
affected.
To all owners of rea± proper'by -as shoWn on the
latest eq=alized roll within three htn�dr,ed (3ee) feet
the real property which is the subject of the application.
d) Processing and action on -application. The Director of
Development. Services shall process, review, approve,,
conditionally approve, or deny the application in
accordance with .the trequirements indicated below:
(1) T1'. 1"ts uz artibs of land erre -ander different
The lot line adjustment is between four
or fewer existing .adjoining parcels, and land taken
from one parcel is added to an -adjoining parcel. For
purposes of this section, "adjoining" means touching.
on a common line or lines. Where an owner of
adjoining parcels has previously obtained a lot line
adjustment for four adjoining parcels and subsequently
requestsa lot line adjustment for one or more
Additional adjoining parcels, a tentative and final
map is required •pursuant to Article IV of this
Chapter. Where an owner. owns a group of parcels
without any' intervening parcels owned by another
person, has previously obtained a lot line adjustment
for four parcels within that group, and subsectuently,
requests a lot line adjustment for one or more
additional parcels within that group, a tentative and
final may is required pursuant to Article IV of this.
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003 S.
1
Chapter. - Where more than one property -owner `
2
concurrently request -a lot line adjustment for more
3
than four ad!oining parcels, a tentative and final map
is rectuired 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 o� 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
part of Chapter 26 of this Code by*reference. No
11
,
conforming lots or parcels of land shall be made
12
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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 Wo=w Development
16
Services may approve modifications of nonconforming
17
lots or parcels where the modifications--nt��
18
eieit�
44
decrease the existing' nonconformity of a lot or
parcel, without increasing the nonconformity of,
another lot -'Or parcel; or improve health or safety
21
conditionsi. ,
22
(3) Nei additionq! lot ULlit of 1 nd is =__a__'. A
23
greater number of lots or parcels of real property
24
than originally existed is not created.
25
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(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
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a. Documentation that taxes have been paid as
specified in article 8 of chapter 4 of division
2 of title 7 of the Government Code, commencing
with section 66492:
b. A deed or deeds reflecting the approved
adjustment, signed by all -required parties .and
notarized, together with recording fees and
documentary transfer tax, if any. Said deed or
deeds shall contain the following notes:
1. The scope of review of said -lot line
adjustment was limited as .specified in
Government Code section 66412(d), and
approval of it does not constitute.
assurance that future applications for
building permits or other land use
entitlements on the adjusted lots or
parcels will be, approved by the, County of
Butte.
2. The purpose of this deed is to effect a
lot line adjustment, as approved by* the
County of Butte on The above
described lands are to be combined with and.
become a part of -those lands as described
in the deed to
as filed for record in Butte
County Official. Records at (Serial Number
( Book
Page ) No additional lots -or
parcels are created hereby.
G \ORDINANC\LOT LINE,ADJ 6.,wpd November 21, 2003 �'�
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C. Documentation from a title company of the
applicant's choice verifying that any deed of trust
affected is, partially reconveyed or modified to
reflect the lot line adjustment and to prevent the
creation of any additional lot or parcel`.
(5) If the lot line being adjusted is between lots or
parcels created by a record map, the applicant shall
provide the following to the county:
a. Documentation that taxes have been paid as
specified in article 8 of chapter 4 of division
2 of title 7 of the Government Code, commencing
with section 66492.
b. A deed or deeds reflecting the approved lot
line adjustment, signed by all required.parties
and notarized, with an attached plat showing the
PTw
approved modification,- signed by a registered
FPO", two
civil engineer licensed prior to 1982 or a
rd land surveyor, together with recording
fees and documentary transfer tax, if any. Said
,deed or deeds shall contain the following notes:
1. The scope of review of said lot line
adjustment was limited as specified in
Government Code section 66412(d), and
approval of it does not constitute
assurance that future applications for
building permits or other land use
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
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entitlements on the adjusted lots` or
parcels will be approved by the County of
Butte.
2. The purpose of this deed is to effect a lot
line adjustment, as approved by the County of
Butte on The above•described lands are
to be combined with and become a part of those
lands as. described. in the deed to
as filed for record
R
in• Butte County Official' Records at (Serial
Number ) (Book
Parte . )> No additional lots or
parcels are created hereby.,
c. Documentation from a title company of the
applicant's choice verifying that any deed of
trust affected is partially reconveyed or
modified to, reflect the lot line adjustment 'and
to prevent the creation of any additional lot or
parcel.
(6) No record of survey shall be required unless
.required by section 8762 of the Business and
Professions Code. If a record of survey is prepared
to show the lot line modification, recording of a
plat is not required pursuant to subsection (5)
above.
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
1
(7) The Director of Pin"Le Works Development Services
2
3
shall review the application for compliance with this
section and shall review and consider any comments
4
received from affected county departments. The
5
Director is then authorized to approve or
6
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 > a7E
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 (8) Appeal fJ_LJLtt CL.Lly decision of the Director of
= 19 'Public Works purstmixt to this secti'l-ni may be made
20
21'
nd time'
CL as Ts provided in this chapt
22 for appeals on te tative maps.
23 (? 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 unless
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extended pursuant to section 28-68.—Evidence shall be
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submitted to the. Department of -i= ..__'__
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Development Services, prior to the expiration of
approval, that all conditions of approval have been
met. Deeds and plats (if required) shall be submitted
to the Department of Development Services and
referred to the Department of Public Works for
checking and approval prior to recordation.
(i-& 9), Development of lots or parcels resulting from
lot line adjustments pursuant to.this section must be
in compliance with any and all applicable state and
county -statutes, ordinances, and regulations.
(3-17 10) Approval of a lot line adjustment pursuant to
this section 'shall not exempt a resulting lot or
parcel from the provisions of section 26-4 of the
Butte County Code, if said section 26-4 would.
otherwise be applicable."
Section 3. Section 20-180.2, entitled "Merger of contiguous
parcels", of Chapter 20 of the Butte County Code is repealed.
Section 4. Section 20-180.3 of Chapter 20 of the Butte 1. County Code
is.amended to read as follows:
"Section 20-180.3. Merger of contiguoi existing
adjoining lots or parcels into a single lot or parcel of
real property.
(a) Merger. Pursuant to Government Code Section 66499.20
3/4 and this section, a+ connn existing adjoining
lots or parcels under common ownership may be merged into
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a single lot or parcel without reverting to acreage. For
purposes of this section "adjoining" means touching on a
common line or lines.
(b) Application. Notwithstanding anything in this Chapter
to the contrary, an application for merg-er into a single
lot or parcel shall be made to the Department of Public
Works Development Services on a form approved by� the
Director of uric Wks Development Services shall
'include a legal description of the lots or parcels to be
merged, shall include a title report or preliminary title'
report, current within six months of the date the
application is complete, as to such lots or parcels, and
shall.include a -legal description of the resulting merged
lot or parcel.
(c) Owner's Consent. All parties having any record title
interest in the real property being merged shall consent
to the merger by executing an 'owner's certificate
consenting to merger. Said owner's certificate shall'be
in a form approved by the Director of Works
Development Services. The signature of either the holder
of beneficial interests under trust deeds, or the trustee
under such deeds, but not both, may be omitted. The
signature of either shall constitute a full and complete
subordination of the lien -of the deed of trust to the
merger and any interest created"by the merger.
IG:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
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(d) Compliance With Zoning.ordinance.
1) Mergers of lots'or parcels, which contain one (1)
or more living units, shall only be approved if the
.resulting single merged lot or parcel complies with
the density requirements 'of the which it
located. applicable general plan and -zoning ordinance
recruirements specified in the zone and in section 24-
W t
75.
2) 'The resulting lot or parcel of land shall
conform �to the provisions of the general plan 'and the
applicable zoning and building ordinances of this
Code. No conforming lots,'or parcels of land.shall be
made non -conforming or substandard as to size or any
other applicable zoning standards as a result of a
merger; provided, however, that the Department of
'Public Development Services ,may approve
modifications of nonconforming lots or parcels where
the modifications do xicit adversely CL.Eft----t
health and safety -either, decrease the existing
.nonconformity, without increasing the nonconformity
of another -lot or parcel, or improve health or safety
conditions.
(e) Approval. The Director of Public Works Development
Services shall review the application for compliance with
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this section and shall review and consider the application,
current zoning and .general plan. requirements, and any
comments received from affected County departments. The
Director is then authorized to approve or conditionally
approve any application, which complies with the
requirements of this section, or deny any application that
does not comply with these requirements. The action of the
Director on the application shall be final. The Director a
shall give written notice of his action on the application
as follows: by mail to the applicant.'and owner(s) and
representative, if any. Approval of the application•does
not constitute assurance that future applications for
building permits or other land use entitlements on the
resulting merged lot or parcel will be approved by the
County of Butte.
any decis�Liem of the Birector of Public Works pursuernt:
this section in the same manner, p=oeedare CLIA" L.-LLLIe
lirftit'atiull CLS is
pruv-Lded in this chap'Ler fcoz appeals on
tentative maps.
(g—f) Modification of Encumbrances. Prior to or
concurrently with the recordation of the Certificate of
Merger, all encumbrances, including bonded indebtedness,
shall be modified to apply uniformly. to. each ent the
resulting lot -or parcel, rather than to the portions of
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003 (Z
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each the resulting lot or parcel corresponding to the
separate lots or parcels prior to the merger.
(h g) Certificate of Merger: As to a finally approved
application, the Director' of 'Public Works Development
Services shall record a Certificate of Merger, including
the owner's consent to merger, to evidence the merger,"of,
`the lots or parcels. The Certificate of Merger shall be
in a form approved by the Director of Public Works
Development Services and may include, notations to the
effect that:
1) Approval of the"merger does not guarantee that the'
resulting lot or parcel is developable;
2) The previously existing individual lots or
parcels, which have been.merged, are not separately
available for sale, lease, or financing purposes.
(-I- h) Development of Resulting Lot or Parcel. Development
of the lot or parcel resulting from merger pursuant to this
section must be in compliance.with any and all applicable
State and County statutes, ordinances, and regulations.
(� i)Compliance with Approved Access Requirements-. Merger
pursuant to this section shall not exempt a resulting lot
from'the provisions of Section 26-4 of the Butte County
Code, if said Section 26-4 would otherwise be applicable."
Section 5. Section 24-25.25 of Chapter 24 of the.Butte County Code
is amended to read as follows:
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003 t
. 1 "24-25.25 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'
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the ,matter to be considered and including a general
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description of the area affected shall be given at'least.
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8 ten (10) calendar days before the hearing in the following
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 b mail or delivery {
y ry 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.whi.ch is the subject of the
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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
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
shall ,be given at least. ten (10) .days prior' to the
8
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
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is available; or
.18
•b. By placing an insert with any generalized
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mailing sent by the county to property owners in
20
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
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development services shall' be the custodian of the record
of the planning commission and shall keep, for at least.
twelve (12) months following this presentation to the
commission, all evidence received by the commission at a,..
public hearing. At any time after twelve (12) months'
following its 'presentation the director of development
services may dispose of any such evidence in any manner he
shall deem proper. The director of development services
may, upon the expiration of twelve (12) months following
a public hearing, release any evidence -to the _person or
persons who presented that evidence at the public hearing
so long as such person or persons. shall-,make.a request in
writing to the director of development services not more
than sixty (60) days nor less than thirty (30) days prior
to the expiration of the twelve (12) month period.
Notwithstanding the provisions of paragraph (b) above
the director of development services shall forward to the
clerk of the board of supervisors all evidence received
pursuant to paragraph (b) above when the matter heard by'
the planning commission *results in a recommendation to the
board of supervisors from the action of the planning
commission. Upon receipt by the clerk of the board of
supervisors of the evidence forwarded pursuant to this
section the clerk of the board of supervisors shall become
the custodian thereof and the twelve-month period pursuant
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to.paragraph (b) above shall commence after final action
by the board of supervisors':"
Section 6. Section 24-75 of Chapter 24 of the'Butte County Code
is amended to read as follows:
"24-75 Site requirements.
There are established certain minimum standards applicable
to building sites throughout the county regardless,of zone. _
Such standards may be reduced or' increased byIthe
regulations of a particular zone by explicit regulation in
the section of article III containing regulations for that
zone:
(a) Lot area or building .site . Unless the property is
connected to an approved public water supply system
the lot area shall be of sufficient size to comply
with the reciuirements of Chapter 23B, of this Code
And the Mminimum required area of a lot shall be no.
_less than:
(1) For pa-r� lots that are served by
individual wells and/or individual sewage
disposal systems the minimum lot size and
configuration will be dictated by., the area
required to accommodate' said' systems in
accordance with county requirements
including, - but not limited to the size and
separation requirements specified in Chapter 19
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
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of this Code or Appendix VII of the Subdivision
Improvement Standards, whichever is applicable..
but in no case shall the parcel lot be less
than eight thousand one hundred twenty-five
.(8, 125) square feet.
(2) For parcels where public sewage disposal
service is provided:
a. A minimum of _.six. -thousand .,five hundred
(6,500) square feet for interior lots.
b. A minimum of seven thousand five hundred
(7,500) square feet for corner lots.
(b) Lot width. The minimum lot width shall be sixty-
five (65) feet.
(c) Lot frontage. The following minimum requirements
shall apply:
(1) Lots which front on a straight' street and
lots with parallel sides shall have frontage of -
sixty -five (65) feet or more.
(2) Lots which front on a curved street. or on
the end of a cul-de-sac shall have frontage of
forty (40) . feet or more at the front lot line
and sixty-five (65) feet or more at the front
yard setback line.
(d) Setback, front yard. Minimum front yard setback
shall be twenty (20) feet from the edge of the
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ultimate right-of-way•from all public or private
roads except where the road is classified as a a
federal aid road, in which case the setback shall be
twenty-five (25) feet from the right-of-way:
(e) Setback, side and rear yards. Minimum side and
rear yard setbacks shall not be less than five (5)
feet from the property line for interior lots and ten
(10) feet from the ultimate right-of-way for the
street side setback on corner lots.
If Each lot shall have an approved access which means the
right of vehicular travel within a legal right-of-way that
meets county standards, to a public street with entry
thereon, over a roadway that meets county design standards
Section 7. Severability. If any provision of this Ordinance or the
application thereof to any person or circumstances is for any reason
held t.o be invalid by a court of competent jurisdiction, such..
provision shall be deemed severable, and the invalidity thereof shall
not. affect the remaining provisions or other applications of the
Ordinance* which can be given effect without the invalid provision or
application thereof.
Section 8. Effective Date -and Publication. This Ordinance shall
take effect thirty (30) days after the date of :its passage. The
Clerk of the Board of "Supervisors is authorized and directed to
publish.this ordinance before the expiration of fifteen (15) days
after its passage. This Ordinance shall be published once, with the
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names of the members of the Board of Supervisors voting for and
,against it, in the a newspaper of general circulation
published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board *of Supervisors of the County of
Butte, State of California,, on the day of ,
2003, by the following vote:
YES:
NOES:
ABSENT:
V
NOT VOTING:
R.J. BEELER, Chair of the
Butte County Board of Supervisors`
ATTEST:
PAUL McINTOSH, Chief
Administrative Officer
-and Clerk of the Board-
By
G:\ORDINANC\lot line adj 6.wpd
G:\ORDINANC\LOT°LINE ADJ 6.wpd November 21, 2003
TO:
BY:
INTER -DEPARTMENTAL MEMORANDUM
OFFICE OF BUTTE COUNTY COUNSEL
Board of Supervisors DEX
Bruce Alpert, County Counsel DEVELOP-IP_PvT
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
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, 2'003, 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 st��
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 't ' hese provisions.
The summary pointed out that the broad interretation 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
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
ministerial
subsection
adjustments
actions, and the
(a) , specifically
are categorically
CEQA guideline
states that
exempt.
section 15305,
minor lot line
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
G
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 ordinance proposes amending BCC section 24-75, Site
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.
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II Proposed Ordinance, November 21, 2003
Ordinance No..
ORDINANCE AMENDING SECTION 20-95 AND ADDING SECTION 20-95.1,
REGARDING LOT LINE ADJUSTMENTS, REPEALING SECTION 20-180.2 AND
AMENDING SECTION 20-180.3 REGARDING MERGERS, IN CHAPTER 20, ENTITLED
"SUBDIVISIONS", OF THE BUTTE COUNTY CODE, AND AMENDING SECTION 24-
25.25, ENTITLED "PUBLIC HEARING FOR ZONING AMENDMENTS", AND SECTION
24-75, ENTITLED "SITE REQUIREMENTS", OF CHAPTER 24, ENTITLED
"ZONING", OF THE BUTTE COUNTY CODE
IThe Board of Supervisors of the County of Butte ordains as follows:
(Section 1. Subsection (b) of Section 20-95, entitled "When a parcel
Imap is not required of Chapter 20, entitled "Subdivisions of the
Butte County Code, is amended by amending the first paragraph thereof
to read as follows and by redesignating the remainder thereof as new
section 20-95.1, which new section is added to Chapter'20.by section
12 of this ordinance:
"20-95 (b). Lot line adjustments.
No tentative map, parcel map or final map shall be required for
any conveyance or agreement made solely for, the purpose of
correcting, confirming or relocating a boundary common to
abutt: adjoining lots or parcels of.land, in accordance with
a lot line adjustment approved pursuant to, Government Code
section 66412(d) and this. subsection .,section -20-95.1 of
this Code. hot Hne adjustments may be processed concurrently
application filed with the department of dev6lopfftent ser,vices."
Section 2. Commencing with the second paragraph of Subsection (b)
of Section 20-95, said Subsection (b) is amended to read as follows
and is re-enacted as new Section 20-95.1, which, is added to Chapter
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20 of the Butte County Code to read as follows:
"Section 20-95.1. Lot Line Adjustments.
(a) Application. Notwithstanding anything in this chapter
to the contrary, an application for a lot line adjustment
shall be made to the Department of Public Works
Development Services in a manner prescribed by it along
with supporting documentation as required.
(b) Referral. The Department of Public Development
Services shall
of section . refer the application to
other affected county departments including but not
limited to, the Department of Public Works and the
Environmental Health Division of the Public Health
Department. Such departments shall -review the application
and submit their -comments pertaining thereto to the
Director of Development Services in writing
(c) Notice. At least ten (10) days prior to taking
action to approve or deny the application the Director of
Development Services shall- give notice that the
application has been received: Such notice shall: be
Sect'ion' -
newspaper of general circulation within the , shall
give a general description• of the application and the
location of the real property which is the subject of the
application, shall advise that comments pertaining to the
application can be made and sent to the Director of
Development Services, shall state the date upon which
action will be taken on the application and shall be
G:\ORDINANC\LOT LINE ADJ 6.wpd
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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. —nom
6
(2) To all owners of real as shown*on the.7
latest equalized roll within three hundred (Bee) feet of8
the real properby which Clia- SUbject of the
9 d) Processing and action on application. The Director of
10 Development Services aTrd shall process, review, approve,
11 conditionally approve, or deny the application- in
12 accordance with the requirements indicated below:
13 (1) Thelots or units --of land are —under different
14 ownershi The lot line.adiustment 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 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
Chapter. Where an owner owns a group of parcels
23
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
a
27 additional parcels within that group, a tentative and
28 final map is required pursuant to Article IV of this
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a'
Chapter. Where more than one property- owner
concurrently request a lot. -line adjustment for more
than four -adjoining parcels, a tentative and final map,
is required pursuant to Article IV of this Chapter.
(2) Each resulting lot or parcel of land shall
conform to the provisions of the general plan and the
applicable -zoning and building ordinances of this
Code, including, but not limited to, the site
requirements specified in the applicable zone and in
Section 24-75, and the provisions of the California-'
Building Code, as adopted, incorporated, and made a
part of Chapter 26 of this Code by reference. No
conforming lots or parcels of land shall be made
nonconforming or substandard as to size or any other
applicable general plan or zoning standards as a
result of a lot line adjustment; provided, however,
that the Department of Publi Work.. Development
Services may approve modifications of nonconforming
lots or parcels where the modifications donot
adversely affect the p7blic'health and safet-y either:
decrease the existing nonconformity of a' lot or
parcel, without increasing the nonconformity of
another lot or parcel; or improve health or safety
conditions.
(3 ) No a - - r unit of land is created. A
greater number of lots or parcels of real property
than originally existed is not created.
(4) If the lot line being adjusted is between lots or,
parcels created by deed, the applicant shall provide
the following to the county:
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a. Documentation, that taxes have been paid as
specified.in article 8.of chapter 4 of division
2 of title 7 of -the Government Code, commencing.
With section 66492.
b. A deed or deeds reflecting the approved
adjustment, signed by all. required parties and
notarized, together with recording fees and
documentary transfer tax, if any. 'Said deed or
deeds shall contain the following notes:.
1. The scope- of review of said lot line
adjustment was limited as specified in
Government Code section 66412(d), and
approval of it does not constitute
assurance that future applications for
building permits or other land use
entitlements on the adjusted lots or
parcels will be approved by the County of
Butte.
2. The purpose of this deed is to effect a
lot line adjustment, as approved by the
County of Butte on The above
described lands are to be combined with and
become a part of those lands as described
in the,deed to
as filed for record in Butte
County Official Records at (Serial Number
( Book
•Page ) No additional lots or
parcels are created hereby.
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c.- Documentation from a title company of the
applicant's choice verifying that any deed of trust
affected is 'partially reconveyed or modified to
reflect the lot line adjustment and to prevent the
creation of any additional lot or parcel.
(5) If the lot line being adjusted is between lots or
parcels—created by a record map, the applicant shall
provide the following to the county:
a. Documentation that taxes.have•been paid as
specified in article 8 of chapter 4 of division
2 of title.7 of the Government Code, commencing
with section 66492.
b. A deed or deeds reflecting the approved lot
line adjustment, signed by all required parties
and notarized, with an attached plat showing the
approved modification, signed by a registered
civil engineer licensed prior to 1982 or a
licensed land surveyor, together with recording
fees and documentary transfer tax, if any. Said
deed or deeds shall contain the following notes:
1. The scope of review of said lot line
adjustment- was limited as specified in
Government Code section 66412(d), and
approval of it does not,; constitute
' assurance that future applications for,
building permits or other land use
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entitlements on the adjusted lots or
parcels will be approved by'the County of
Butte.
2. The purpose'of this deed is to effect a lot
line adjustment, as approved by the .County of
Butte on The above described lands are
to be combined with and become a part of those
lands as described in the deed to
as filed for'record
in Butte Countv Official 'Records at (Serial
,Number ) (Book
Page ) No additional lots or
parcels are created hereby.
c. Documentation from a title company of the
applicant's choice verifying that any deed of
trust affected is partially reconveyed or
modified to reflect the lot line adjustment and
,to prevent the creation of any additional lot or
parcel.
(6) No record of survey shall be required unless
required by section 8762 of the Business and.,
Professions Code. If a record of survey is prepared
to show the lot line modification, recording of a
plat is not required pursuant to subsection (5)
above.
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(7) The Director of Public " Development Services
shall review the application for compliance with this
b
section and shall review and consider any comments
received from affected' county departments. The
Director is then authorized to approve or
conditionally approve any application which complies
with the requirements of this section or deny any
application found not to be in compliance. The*
conditions .imposed by. the Director may include
conditions to facilitate the relocation of existing
utilities, infrastructure or easements. The action
of the Director on the application shall be final
The Director shall give written -notice of his action
on the application by mail to the applicant, and
representative, if any, and owner(s).
for appeals on tentative maps.
(? 8) All conditions of approval'shall'be met within
thirty-six (36) months from the date of approval or
the approval will be considered null and void;unless
extended pttrs-aant to section Evidence shall be
submitted to the "Department of Fabiic' Works
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Development Services-, -prior to the expiration of
approval, that all conditioris-of approval have been
met. Deeds and plats (if required) shall be submitted
to the Department of. Development Services and
referred to the Department of• Public Works for
checking and approval prior to -recordation•.
(�6 9)' Development of -lots or parcels resulting from
lot line adjustments pursuant to this section must be
in compliance with any and all applicable state and
county statutes, ordinances,. and regulations.
(3-1- 10) Approval of a lot 1-ine adjustment `pursuant 'to
this section shall, not exempt a resulting lot. or
parcel from the provisions. of section 26-4 of the
Butte County Code,. if said section 26-4 would.
otherwise be applicable."
Section 3. Section 20-180.2, entitled "Merger of contiguous
parcels", of Chapter 20 of the Butte County Code is repealed.
Section 4. Section 20-180.3 of.Chapter 20 of the Butte County Code
is.amended to read as follows:
"Section 20-180.3. Merger of existing,
adjoining lots or parcels into "a single lot or parcel of
real property.
(a) Merger. Pursuant to Government Code Section 66499.20
3/4 and this section, a-1-1 contignoi existing adjoining
lots or parcels under common ownership may be'merged into
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
t
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
7
lot or parcel shall be.made to the Department of e
Works. Development Services on "a form approved by the
8
9 Director of Public W 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. F '
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 Public
22
blicworks
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
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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 y Which it
6
located–. applicable general plan and "zoning ordinance
7
requirements, including, 'but not limited to the site
8
9 recruirements 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—?dors Development Services may. approve
19 ,
modifications of nonconforming lots or parcels where
20
21 the modifications do not adversely- affect the publi-c
22 health and safetyeither decrease the existincr
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 z—Works Development
27 Services shall review the application for'compliance with
28
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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
7
requirements of this section, or deny any application that
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 Countv of Butte.
17
(f) Appeal. Any interested pen -)k-11 LLLCLY make
18
any of the Bireet6r of- Public Works
19
this section in the same manner, and tirne
20
21 limitation as ic., P.Lk-;Vided, in this chap,ter for appeals
22 tentative map�—.
23 (970 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
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each the resulting lot or parcel corresponding. to the
separate lots or parcels prior.to the merger.
(h g) Certificate of Merger. 'As to a finally approved,.
application, the Director of P,LLJ_�-li c Works Development
Services shall record a Certificate of Merger, including
the owner's consent to merger, to evidence the merger of
the lots -or parcels. The.Certificate of Merger shall be
in a form approved by the Director of Public
Development Services and may include notations to the
effect that:
1) Approval of the.merger does.not guarantee that the
resulting lot or parcel is developable;
2) The previously. existing individual lots or
parcels, which have been merged, are not.separately
available for sale, lease,.or financing purposes.
(� h) Development of Resulting Lot or Parcel. Development
of the lot or parcel resulting from merger pursuant to this
section must be in compliance with any and all applicable
State and County statutes, ordinances, and regulations.
(j _j) Compliance with Approved Access Requirements. Merger
pursuant to this section shall not exempt a resulting lot
from the provisions of Section 26-4 of the Butte County
Code, if said Section 26-4 would otherwise be applicable."
Section 5. Section 24-25.25 of Chapter 24 of the Butte County Code
is amended to read as follows:
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"24-25.25 Public hearing for zoning amendments.
(a) The planning commission shall hold a"public hearing on
any such proposed amendment. Notice of the time,.date and
place of said hearing including a, general explanation of
the matter to be considered and including a general
description of the area affected shall be given at least
ten (10) calendar days before the hearing in the following -
manner:
(1) Notice shall be published at least once in a
newspaper of general circulation, published and
circulated.in the county;
(2) In addition, notice of the.hearing shall be given
by mail or delivery, to all persons, including
businesses, corporations or other public or private
entities, shown on the last equalized assessment roll
as owning real property within three hundred -(300)
feet of the property which is the subject of the
proposed zoning change.
(3) In addition to the requirements of subsections
(1) and (2) above, in the',event.of any planning
commission initiated amendment, the planning
commission shall give mailed notice to the owner of
the property which is the 'subject of the proposed
zoning change as. that owner appears on the latest
equalized assessment roll.
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(4) In the event that the number of persons to whom
notice would be- sent pursuant to subsection (2)
hereof is greater than one thousand (1, 000) the
planning commission may, as an alternative to the
notice required by subsection (3) -above,. provide
notice pursuant to this subsection (4). -Such notice
shall be given at' least ten .(10) days. prior to the
hearing by either of the following procedures:
a. By placing a, display advertisement of at
least one-ei hth (1/8) page'in
the newspaper having the greatest circulation
within the area affected by the proposed
ordinance or amendment and in at least one (1)
additional newspaper having general circulation
within such area, if.such additional newspaper
is available; or
b. By placing an insert with any generalized
mailing sent by the county to property' owners in
the area affected by the proposed ordinance or
amendment, such as billings for county services.
(b) Any evidence to be received by the planning commission
at the public hearing, other than oral testimony, unless
rejected by the planning, commission when offered, shall be
surrendered to the`clerk`of the commission and become the
property of the County of- Butte. The director of
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development services shall be the custodian of the record
of the planning commission and shall keep, for at least
twelve (12) months following this presentation to the
commission, all evidence received by the commission at a
Public, hearing. At any time after twelve (12) months
following its presentation the director of development
services may dispose of any such evidence in any manner he
shall deem proper. The director of development services
may, upon the expiration of twelve (12) months following
a.public hearing, release any evidence to'the person or
persons who presented that evidence at.the public hearing
so long as such person or persons shall make a request in
writing to the director of development services not more
than sixty (60).,days nor less than thirty (30) days prior
to the expiration of the twelve (12) month period.
Notwithstanding the provisions of paragraph (b) above
the director of development services shall forward to the
clerk of the board of.supervisors all evidence received
pursuant to paragraph (b) above when the matter,heard by
the planning commission results in a recommendation to the
board of supervisors from the action of the planning
commission. Upon .receipt by the clerk of the board of
supervisors of the evidence forwarded pursuant to this
section the clerk of the board of supervisors shall become
the custodian thereof and the twelve-month period pursuant
G:\ORDINANC\LOT LINE ADJ 6.wpd
November 21, 2003
16
i.
1 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 ti ,
"24-75 Site requirements. t
6
There are established certain minimum standards applicable
7
to building sites throughout the county regardlessof zone.
8
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 `
20 (1) For parcels lots that are served by
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 requirements,
26 including, but not limited to the size and
27 separation requirements specified in Chapter 19
28
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of this Code or Appendix VII.of the Subdivision
Improvement Standards, whichever is applicable
but in. no case shall the peel lot be less
than eight thousand one hundred twenty-five
(8,125) square feet. .
(2) For parcels where public sewage disposal
service is provided:
a. 'A minimum of six thousand five hundred
(6,500) square feet for interior lots.
b. A minimum of seven thousand five hundred
(7,500) square feet for corner lots.
(b) Lot width. The minimum lot width shall be sixty-
five (65) feet. ,
(c) Lot frontage. The following'minimum-requirements
shall apply:
(1) Lots which front on a straight street and
lots with parallel sides shall have.frontage of
sixty-five'(65) feet or more.
(2) Lots which front on a curved street or on
the end of a cul-de-sac shall have frontage of
forty (40) feet or more at the front lot line
and sixty-five (65) feet or more at the front
yard setback line.
' (d) Setback, front yard. Minimum front yard setback
shall be twenty (20) feet from the edge of the
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21, 2003
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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
feet from the property line for interior lots and ten
8
9 (10) feet from the ultimate right-of-way for the
10 street side setback on cornerlots. t
11 (f) Each lot shall have an approved access which means the
12 right of vehicular travel within a legal richt-of-way that
13 meets countv 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 a lication thereof to any y 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
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names of the members of the Board of Supervisors voting for and
against it, in the a newspaper of general circulation
published in the County of Butte',`State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the day of ,
2003, by the following vote:
YES
NOES :.
ABSENT:
NOT VOTING:
R.J. BEELER, Chair of the
Butte County Board of Supervisors
ATTEST:
PAUL McINTOSH, Chief
Administrative Officer
-and Clerk of the Board
By
G:\ORDINANC\lot line adj 6.wpd
G:\ORDINANC\LOT LINE ADJ 6.wpd November 21; 2003
20
§§ 66400 to 66403
Renumbered
EXht' b4 a
GOVERNMENT CODE
Chapter I
GENERAL PROVISIONS AND DEFINITIONS
Article 1
GENERAL PROVISIONS
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
Notes of Decisions
2. Construction and application
Subdivision Map Act, which is the primary regulatory
control governing the division of property in State, ,gener-
ally requires that a subdivider of property design the
subdivision in conformity with applicable general and spe-
cific plans, and construct public improvements in connec-
tion with the subdivision. Hill v. City of Clovis (App. 5
Dist. 2000) 94 Cal.Rptr.2d 901, 80 CalApp.4th 438, rehear-
ing denied,
4. .Purpose of law
Purpose of Subdivision Map Act is to coordinate plan
ring within the community, and to assure proper improve-
ments are made so as not to place as undue burden on the
taxpayer. Hill v., City of Clovis (App. 5 Dist. 2000) 94
Cal.Rptr.2d 901; 80 CalApp.4th 438, rehearing denied.
10. Local regulation, generally .
Interim ordinance adopted by general law city, prohibit-
ing the "processing" of development .applications, was
§ 66412. Application of division; exclusions
This division shall be inapplicable to:
invalid under governing statutes; Subdivision Map . Act
contained no provisions allowing a city to prohibit process-
ing of a subdivision map that was complete, ordinance
exceeded permissible sdope of prohibiting "uses" that
might be in conflict with a general plan under consider-
ation, and it was adopted without a required finding that
"approval" of additional subdivisions or building permits
would pose immediate threat to public safety, health, or .
welfare. Building Industry Legal Defense Foundation v.
Superior Court (App. 4 Dist. 1999) 85 Cal.Rptr.2d 828, 72
CalApp.4th 1410, modified on denial of 'rehearing, review
denied. -
A county may require an. applicant for a coastal devel-
opment permit to agree to. defend, indemnify, and hold
harmless the county in an action brought by a third party
to void the permit. OpAtty.Gen. No. 01401 (February 4,
2002).
(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 a 'oinin parcels, where the land taken from
one parcel is added to an adjoining panel, 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 $762 of the Business and Professions Code. o
(e) Boundary line or exchange agreements to which the State Lands Commission or a local agency