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Ordinance No . 2939
ORDINANCE AMENDING SECTION 20-150.2 OF THE BUTTE COUNTY CODE
REGARDING MERGER OF CONTIGUOUS PARCELS
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1. Section 20-180.2 of the Butte County Code is amended
to read as follows:
Section 20-180.2. Mer er of Conti uous Parcels.
a. Mercer. Pursuant to Government Code section &6499.20 3/4 and
this section, contiguous lots or parcels under common ownership may
be merged without reverting to acreage.
b. Application. An application for merger shall be on a form
approved by the Director of Public Works, shall include a legal
'description of the lots or parcels to be merged, shall include a
preliminary title report as to such lots or parcels and shall include
a legal description of the resulting merged lots or parcels.
c. Owners Consent. All persons owning an interest in the lots
or parcels to be 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 Public Works.
d. Referral to Affected De artments. The Director of Public
Works shall refer an application for merger to other affected county
departments including, but not limited to, the Planning Department and
the Environmental Health Department. Such departments shall review
the application and submit their comments pertaining thereto to the
Director in writing.
e. Notice.. At least ten days prior to taking action to approve
ar deny the application, the Director of Public Works shall give
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1 notice that the application has been received. Such notice shall be
~ published pursuant to Government Code Section 6051 in a newspaper of
3 general circulation within the County, shall give a general
4 description of the application and the location of the real property
5 which is the subject of the application, shall advise that comments
~ pertaining to the application can be made and sent to the Director of
7 Public Works, shall state the date upon which action will be taken on
g the application, and shall be mailed or delivered: 1} to each local
g agency expected to provide water, sewage, streets, roads, schools, or
~~ other essential facilities ar services to the property, whose ability
11 to provide those facilities and services may be significantly
12 affected; and 2) to all owners of real property as shown on the
13 latest equalized assessment roll within 300 feet of the real property
14 which is the subject of the application.
15 f. Compliance With Zoning Ordinance. No merger of lots or
16 parcels already improved with one or more living units shall be
li approved pursuant to this section unless the resulting single merged
~~ lot or parcel complies with the density requirements of the applicable
lg zoning ordinance. if the contiguous lots or parcels under common
`0 ownership are of sufficient area, each resulting merged lot or parcel
21 must comply with the minimum parcel area and frontage requirements
22 specified in the applicable zoning ordinance; otherwise, each
<~~ resulting merged lot or parcel must comply as nearly as possible with
~4 such area and frontage requirements.
~5 g. Modification of Encumbrances. Prior to approval, all
~~ encumbrances, including bonded indebtedness , shall be modified to
~7 apply uniformly to each entire resulting lot or parcel, rather than to
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1 the portions of each resulting lot or parcel corresponding to the
2 separate lots or parcels prior to the merger.
3 h. Approval. The Director of Public Works sha11 review the
4 application for compliance with this section and shall review and
5 consider any comments received from affected county departments. The
$ Director is then authorized to approve any application which complies
~ with the requirements of this section. The Director shall give written
g notice of his action on the application as follows: by mail to the
g applicant and owner(s).
10 i. Appeal. Appeal from any decision of the Director of Public
11 Works pursuant to this section may be made by any interested person
12 in the same manner, procedure and time limitation as is provided in
13 this chapter for appeals on tentative maps.
14 7. Certificate of Mer er. As to a finally approved application,
15 the Director of Public Works shall record a certificate of merger,
16 including the owner's consent to merger, to evidence the merger of the
li lots or parcels. The certificate of merger shall be in a farm
lg approved by the Director of Public Works and may include a notations
ly to the effect that: 1} approval of the merger does not guarantee that
~p the resulting lot or parcel is developable; 2) the individual lots or
21 parcels which have been merged are not separately available for sale,
~~ lease or financing purposes.
`~3 k. Development of Resulting Lot or Parcel. Development of lots
9,1 or parcels resulting from merger pursuant to this section must be in
25 compliance with any and all applicable state and county statutes,
~~ ordinances and regulations. Merger pursuant to this section shall not
~~~ exempt a resulting lot from the provisions of section 26-4 of the
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1 Butte County Code, if said section 26-4 would otherwise be applicable.
~ 1. Fees. Application and appeal fees shall be payable pursuant
3 to this section in the following amounts: Application fee, $340.00,
4 plus $20.00 for each resulting lot or parcel; Appeal Fee, $1.50.00•
5 Section_2. SeverabilitY. If any part of this ordinance shall be
~ held void by a court of competent jurisdiction, such part shall be
~ deemed severable, and the invalidity thereof shall not affect the
g remaining parts of this ordinance.
g Section 3. This Ordinance shall be and it is hereby declared to
1D be in full force and effect from and after sixty (60) days after the
11 date of its passage, and before the expiration of fifteen (15) days
12 after its passage, this Ordinance shall be published once with the
13 names of the members of the Board of Supervisors voting for and
14 against it in the Chico Enterprise Record a newspaper published in the
15 County of Butte, State of California.
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PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 25th day- of June ,
19gI:, by the following vote:
AYES:Supervisors McIntur~', Houx, McLaughlin, Fulton and Chair Dolan
NOES : None
ABSENT: None
NOT VOTING : Nane r~
But
'ATTEST: \
WILLIAM H. RANDOLPH, Chief Administ:
Officer and Clerk of the Board
By a.~_
(merger2.ord)
--5-
OLAN,~Chair of the
County Board of Supervisors