HomeMy WebLinkAbout31301
Ordinance No. 3130
2
3 ORDINANCE AMENDING SECTION 20'4, SUBSECTION {b) OF SECTION 20-95, AND
4 SECTION 20-166 OF THE BIITTE COUNTY CODE REGARDING SIIBDIVISION DESIGN
5 EXCEPTIONS, BOUNDARY LINE ADJUSTMENT REQIIIREMENTS, AND TIME FOR
6 REVIEW OF CERTIFICATE OF COMPLIANCE REQUESTS
7
8 The Board of Supervisors of the County of Butte ordains as follows:
9 Section 1. Section 20-4 of the Butte County Code is amended to read as
10 follows;
11 "Section 20-4. Exceptions. The hearing body in an action
12 relative to a matter before it may authorize exceptions to any
13 of the requirements and regulations relative to the design of a
14 subdivision.
15 (1) Application. Application far any such exception shall be
16 made by a verified petition of the subdivider ar designated
17 agent, stating fuiiy the grounds of the application and the
18 facts relied upon by the petitioner. In order for the
19 property referred to in the petition to come within the
20 provisions of this section, the hearing body must find that
21 all of the following facts apply with respect to the
22 subject property:
23 (a) That there are special circumstances or conditions of
24 topography or size or shape or location or existing
25 development affecting the property, which
26 circumstances, conditions or development existed at
27 the time the application for the map was determined or
28
1
1 deemed to be complete.
2 {b) That the granting of the exception will not be
3 detrimental to the public welfare or injurious to
4 other property in the territory in which the property
5 is situated.
6 (2) Appeals. All determinations of the advisory agency may be
7 appealed to the board of supervisors."
8 Section 2. Subsection (b) of Section 20-95 of the Butte County Code
9 regarding boundary line adjustment requirements is amended to read as
10 follows:
11 (b) Boundary Line Adjustments. Na tentative map, parcel map
12 or final map shall be required far any conveyance or agreement
13 made solely for the purpose of correcting, confirming or
14 relocating a boundary Gammon to abutting lots or parcels of
15 land, provided that the approval of the Development Review
16 Committee is obtained pursuant to Government Code Section
17 66412 (d) and:
18 (1) The lots or parcels of land are under different
19 ownership.
20 (2) The resulting lots or parcels of land shall conform to
21 the provisions of the applicable zoning and building
22 ordinances of this Code; provided, however, that the
23 Development Review Committee may approve modifications
24 of nonconforming lots where the modifications do not
25 affect the public health and safety.
26 (3) No additional lot or parcel of land is created.
27 {4) Tf the boundary line being adjusted is between lots
28
2
1 or parcels created by deed, the applicant shall
2 provide to the Department of Development Services:
3 documentation that taxes have been paid as specified
4 in Article 8 of Chapter ~ of Division 2 of Title 7 of
5 the Government Code, commencing with Section 6b492;
6 a deed or deeds reflecting the approved adjustment,
7 signed by all required parties and notarized, together
8 with recording fees and documentary transfer tax, if
9 any; and documentation from a title company of the
10 applicant's choice verifying that any deed of trust
11 affected is partially reconveyed or modified to
12 reflect the boundary line adjustment and to prevent
13 the creation of any additional lot or parcel.
14 (5} if the boundary being adjusted is between lots or
15 parcels created by a record map, the applicant shall
16 provide to the Department of Development Services:
17 documentation that taxes have been paid as specified
18 in Article 8 of Chapter 4 of Division 2 of Title 7 of
19 the Government Code, commencing with Section 66492; a
20 deed or deeds reflecting the approved boundary line
21 modification, signed by all required parties and
22 notarized, with an attached plat showing the approved
23 modification, signed by a registered civil engineer
24 licensed prior to 1982 ar a licensed land surveyor,
25 together with recording fees and documentary transfer
26 tax, if any; and documentation from a title company of
27
the applicant's choice verifying that any deed of
28
3
1
2
3
4
5
6
7
8
9
1a
11
12
13
14
15
16
17
18
19,
20
21
22
23
24
25
26
27
28
trust affected is partially reconveyed or modified to
reflect the boundary 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.
Tf a record of survey is prepared to show the boundary
line modification, recording of a plat is not required
pursuant to subsection (5) above.
(7) A11 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 pursuant to Section 20-103. Evidence shall be
submitted to the Department of 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 for checking and approval prior
to recordation.
~ Section 3.
I as follows:
Section 20-166 of the Butte County Cade is amended to read
"Section 20-166. Action by development review committee on
re est far certificate of com liance.
Within thirty (30) days of a filing of a request by a property
owner for the issuance of a certificate of compliance, the
development review committee shall commence a review of the
request to determine whether the property or the division
thereof complies with the provisions of the state Subdivision
4
1 Map Act and this chapter, and whether a certificate of
2 compliance shall be issued and recorded in the office of the
3 recorder or denied."
4 Section 4. Severabilit .
5 If any part of this ordinance shall be held void by a court of
6 competent jurisdiction, such part shall be deemed severable, and the
7 invalidity thereof shall not affect the remaining parts of this ordinance.
8 Section 5. Effective Date and Publication. This Ordinance shall be and
9 it is hereby declared to be in full force and effect from and after thirty
10 (30) days after the date of its passage, and before the expiration of
11 fifteen (15) days after its passage, this Ordinance shall be published once
12 with the names of the members of the Board of Supervisors voting for and
13 against it in the a newspaper published
14 in the County of Butte, State of California.
15 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
16 State of California, on the I2th day of April ~ 1994, by the
17 following vote:
18 AYES• Supervisors Dolan, Houx, Thomas and Chair McLaughlin
19 NOES : None
2 0 ABSENT :. None
21 NDT VOTING : None ~ I~
2 2 ~-~` `
ED MCLAUGHL N, air of the
23 Butte County Boa d of Supervisors
ATTEST:
24
JOHN S. BLACKL C
25 Officer and ~C1 rl~ of the Board
26 By_}~„^ a ~ U ~ ~zo-a~za9s.~a~
27
28
5