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Ordinance No. 3049
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ORDTNANCE AMENDING SECTZON 20--48 AND SUBSECTION {b) OF
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SECTION 20-95 OF THE BUTTE COUNTY CODE REGARDTNG THE DEFINTTION
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OF "SUBDIV~SION'~ AND REQU~REMENTS FOR BOUNDARY LINE ADJUSTMENTS
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The Board of Supervisars of the Caunty af Butte ordains as
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follaws:
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Sect~.on 1. Sectian 20-48 af the Butte County Code entitled
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"Subdivision" is amended to read as fallows:
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"Section 20-48. Subdivision.
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' Subdivi.sion' means the division, by any subdivider, of
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any unit or units of impraved or uniinproved land, o~ any
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portion there~f, shown on the latest equa~.~zed county
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assessment roll as a unit or as contiguous units, for the
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purpose of sale, leas~ or financing, whether immediate or
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~uture, except for ~eases o~ agricultura~ land ~or
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agricultural purposes. Property sha11. be cansidered as
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contiguous units, even if it is separated by roads,
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streets, utility easements or railroad rights-o~-way.
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'Subd~vision' includes a condaminium project, as defined
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in section 1350 of the Civil Code, a community apartment
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project, as defined in section ~1.a04 of the Business and
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Professions Code, or the conversion of five (5} or more
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existing dwelling units to a st~ck cooperative, as
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de~ined in section 11003.2 of the Business and
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1 Pro~ess~ons Code. Any conveyance of land to a
2 governmental agency, public entity, public utility ar
3 subsidiary of a public utility for conveyance to such
4 public utility far rights-o~-way shal~ not be considered
5 a division of land for purposes of computing the number
6 of parcels. As used in this section, 'agricultural
7 purposes' means the cultivation o~ food or fiber or the
8 grazing or pastur~ng of livestock."
9 "Subdivision" includes any division by gift deed ~n or
14 after March 13, 1993. Any l~t or parcel created by bona
11 fide gift deed, recorded prior to March ~3, 1993, nQt
12 intended at the time of the conveyance to be used for the
1.3 purpose of sale, lease or financing, whether im~nediate or
14 future, wi~.l be regarded as valid, even thaugh no
15 5ubdivision or parceZ map was filed w~.th respect thereta,
16 provided that all other applicable ~rdinances and
17 regulations in effect at the time o~ the canveyance,
18 incJ.uding but not limited to Section 20-48.2, were
19 complied with."
20 Section 2. Subsection (b) ot Section 20-95 of the Butte Caunty
21 Code entitled "When A Parcel Map Is Not Required" is amended to
22 read as follows:
23 {b} No tentative map, parce~ ~ap ar final map shall be
24 required for any conveyance or agree~nent made solely for
25 the purpose of correcting, confirming or relocating a
26 boundary common to abutting lots or parcels of
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1 land, provided that the approval of the Development
2 Review Committee is obtained pursuant to Government Code
3 Section 66412(d} and:
4 (1) The lots or parcels o~ land are under
5 different ownership.
6 (2) The resulting lots or parcels o~ land shall
7 conform to th~ provisions of the applicable
8 zoning and bu~lding ordinances af this Code;
g provided, howe~er, that the Development Review
10 Committ~e may approve modifications o~
11 nonconfarming ~ots where the modifications do
12 not atfect the pub~ic health and safety.
13 (3} No additional lot or parcel of land ~s
14 cr~ated,
15 (4) If the boundary line being adjusted is between
16 lots or parceZs created by deed, the
17 applicant shall pravide to the Department of
18 Development Services: documentation that taxes
19 have been paid as spec~fied in Government Code
20 Section 66492; a deed or deeds reflecting the
21 approved adjustment, signed by all requi~ed
~~ parties and notarized, together with
23 recording ~ees and documentary transfer tax,
24 if any; and documentation from a title company
25 of the applicant's choice verify~.ng that any
2~ deed of trust affected is partiall.y reconveyed
27 or modified to reflect the bounda~y line
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1 adjustment and to prevent the creation of any
2 addit~onal lot or parcel.
3 (5) If the boundary being adjusted is between lots
4 or parcels created by a r~cord map, the
5 app~icant shall provide to the Department of
6 Development Services: documentation that taxas
7 have been paid as specified in Government Code
8 S~ction 66492; a deed or deeds r~flecting the
9 approved boundary line madification, signed by
10 a11 req~ired parties and notarized, with an
1~ attached plat showing the approved
12 modificatian, signed by a registered civil
13 engineer licensed prior to 1982 or a licensed
~4 land s~rveyor, together with recording fe~s
15 and documentary trans~er tax, if any; and
16 documentation ~rom a t~tle company of the
17 applicant's choice verifying that any deed of
18 trust affectad is partially reconveyed or
19 modified to re~lect the boundary line
20 adjustment and ta prevent the creation of any
21 additianal ~ot or parcel.
22 (6) No record of survey shal~ be required unless
23 required by Section 8762 af the Business and
24 Professions Code. Tf a record of survey is
25 prepared to show the baundary line
26 modification, recording of a plat is not
27 required pursuant to subsection (5) above.
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~ (7) A11 conditions af appraval sha11 be met within
2 thirty-six (36) months from the date of
3 approval ~r the approval will be considered
4 null and void, unless extended pursuant to
5 Section 20-103. Evidence sha~~ be submitted to
6 the Department of Deve~opment Services, prior
7 ta the expiration of appraval, that all
8 canditions of approval have been met. Deeds
9 and plats {if required) shaZ1 be submitted to
1p the Department of Deve~opment Services for
il ch~ck~ng and appraval prior to recordation.
~2 Section 3. Severabilit .
13 If any part of this ordinance shall b~ held void by a caurt of
14 campetent jurisdicti~n, such part shall be deemed severab}.e, and
15 the invalidity thereof shall not affect the remaining parts of this
16 ordinance.
17 Section 4. Effectiv~ Date and P~blication. This Ordinance sha~~.
18 be and it is hereby dec~.ared to be in ful7. force and effect from
19 and after thirty (30} days a~ter the date of its passage, and
20 before the expiration of fifteen (15) days after its passage, this
21 Ordinance shall be published once wi.th the names of the members of
22 the Board of Supervisors voting for and against it in the
23 Chico Enterprise Record , a newspaper published in the County of
24 Butte, State of California.
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1 PASSED AND ADOPTED by the Board of Supervisors of the County
2 of Butte, State of Califo~nia, on the 4~h day of
3 February
~993, by the following vate:
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4 AYES: Supervisors Meyer, Dola.n., McLaughlin, Thomas and Chair Houx
5 NOES : l~one
6 ABSENT: None
7 NOT VOTING: None :/' i~ /' ~
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O X, Chair of t e
g Butte ounty Board of Supervisors
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11 ATTEST:
1.2 ~TOHN S . BLACKLO
Officer and C1 of t he Baard
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By
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~.7 2495(b).ord
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