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ORDINANCE N0.3273~
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE
OF THE COUNTY OF BUTTE (CHAPTER 20 OF THE BUTTE COUNTY CODE)
The Board of Supervisors ofthe County of Butte ordains as follows:
Section 1 • Section 20-2.5 of Chapter 20 of the Butte County Code is amended to read as follows:
"Section 20-2.5. Repponsibie Departments.
The Director of Development Services shall be responsible for, and the Department of
Development Services shall process, all applications submitted pursuant to this chapter
and shall maintain all application files.. Once the application has been acted upon, the file
shall be transferred to the Department of Public Works for processing. The Director of
Public Works shall be responsible for, and the Department of Public Works shalt process,
all conditionally approved applications."
Section 2. Subsection (4) of Section 20.3 of Chapter 20 of the Butte County Code, specifying the
inapplicability of Chapter 20 to lot line adjustments, is amended to read as follows:
j (4} A lot line adjustment between two (2) or mare adjacent parcels, where the land
taken from ane (1} parcel is added to an adjacent parcel, and where a Beater
number of parcels than originally existed is not thereby created, provided the lot
line adjustment is approved pursuant to the provisions of Section 20-95(b} of this
chapter.
~~ Section 3. Section 20-54 of Chapter 20 of the Butte County Code is amended to read as follows:
"Section 20-54. Development Review Committee.
The Development Review Committee shall consist of the Director of Development
Services, the Director of Public Works, the Director of Environmental Health, the
Agricultural Commissioner, the County Fire Warden, or their respective deputies or
appointed representatives, and two (2} members of the Butte County Planning
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Commission appointed by the Board of ,Supervisors. The Board of Supervisors may
appoint a third Planning Commissioner to serve as an alternate for either of the two
appointed Planning Commissioners."
Section 4. Section 20-61 of Chapter 20 of the Butte County Code is amended to read as follows:
"Section 20-61. Filing a tentative subdivision map application.
Every subdivider, or the subdivider's designated agent, shall file an application with the
Department of Development Services. The submitted material shall conform to the
submittal requirements as established by the Directors of Development Services, Public
Works and Environmental Health, including but not limited to submission of the following
information: the purpose of the subdivision, ownership, dimensions, subdivision design,
improvements, existing structures, public facilities, environmental features, topography
and grading."
Section 5. Section 20-b6 of Chapter 20 of the Butte County Code is amended to read as follows:
"Section 20-66. Appeals.
(a) Any interested person may appeal to the Board of Supervisors any finding, action
or condition imposed by the Advisory Agency by filing a written notice of appeal
with the Clerk of the Board of Supervisors nn later than 4:00 p.m. on the tenth
calendar day following the action of the Advisory Agency. Tf the tenth day falls
on a weekend or a legal holiday, the appeal may be filed on the next day which the
clerk's office is open for business. The notice of appeal must be accompanied by
the appeal fee specified in Section 3-43 of this Code.
(b) The Clerk of the Board of Supervisors shall immediately forward a copy of the
appeal to the Director of Development Services. The Clerk shall set the matter
for a public hearing to be commenced within thirty (30) calendar days of the filing
of the appeal.
(c) Tn acting upon such appeal, the Board of Supervisors may sustain, modify, reject,
or overrule any ruling of the Advisory Agency and shall make findings consistent
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with County ordinances and the Subdivision Map Act.
Virthin the following number of calendar days after the conclusion of the hearing,
the Board of Supervisors shall render its decision on the appeal: within ten {10)
days for appeals filed by the applicant; and within seven (7) calendaz days for
appeals filed by an interested party.
(d) Notwithstanding anything herein to the contrary, an appeal to the condition{s)
may be made by the applicant after the ten-day appeal period referred to in
paragraph {a} ofthis section, within one (1) yeaz of the decision by the Advisory
Agency; and the Board of Supervisors may act on such an appeal with a noticed
hearing where the Board of Supervisors first makes the following findings:
(1} The proposed change in the condition{s) will not adversely affect or cause
a modification of the findings and determinations made in the
environmental review process; and
(2) The proposed change in the condition(s) will not bring about an
inconsistency to the General Plan, ar to the zone or to any specific plans
for the property in question; and
(3) The facts are presented giving good and sufficient reason why the
condition(s) in question were not appealed within the ten-day period; and
{4) The parcel map or final map or other required documents have not been
recorded."
Section b. Section 20-95 of Chapter 20 of the Butte County Code is amended to read as follows:
"Section 20.95. When a parcel map is not required.
(a) Generally. A parcel map shall not be required for:
(1) Subdivisions of a portion of the operating right-of--way of a railroad
corporation defined as such by Section 230 of the Public Utilities Code,
which are created by short-term leases (terminable by either party on not
more than thirty (30} days' notice in writing).
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{2) Land conveyed to or from a governmental agency, public entity, public
utility, or for land conveyed to a subsidiary of a public utility for
conveyance to such public utility for right-ofrway, unless a showing is
made in individual cases, upon substantial evidence, that public policy
necessitates such a parcel map.
(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 abutting lots or parcels of land
in accordance with a lot line adjustment approved pursuant to Government Code
Section 66412(d) and this subsection (b). Lot line adjustments may be processed
concurrently as a part of a waiver, parcel map, or subdivision map application
filed with the Department of Development Services.
Notwithstanding anything in this Chapter to the contrary, an application for a Lot
Line Adjustment shall be made to the Department of Public Works in a manner
prescribed by it along with supporting documentation as required. The
Department of Public Works shall follow the referral and notice requirements of
Section 20-180.2(d) and {e) and shall process, review, approve, conditionally
approve, or deny the application in accordance with the requirements indicated
below.
{1) The lots or units of land are under different ownership.
(2} The resulting lots or parcels of land shalt conform to the
provisions of the applicable zoning and building ordinances of this
Code; na conforming lots or parcels of land shall be made
nonconforming or substandard as a result of a lot line adjustment,
provided, however, that the Department of Public Works may
approve modifications of nonconforming lots where the
modifications do nat adversely affect the public health and safety.
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{3) No additional lot or unit of land is created.
(4) Ifthe lot line being adjusted is between lots or parcels created by
deed, 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 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(4}, 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 on ~, (dai~eL; and
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} Ifthe 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
S 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,
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signed by all required parties and notarized, with an attached plat
showing the approved adjustment, 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 far 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 on ); and
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 retard of survey
is prepared to show the lot line modification, retarding of a plat
is not required pursuant to subsection (5) above.
(7) The Director of Public Works shall review the application for
compliance with this 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 Director shall give written notice of his action on the
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application by mail to the applicant, and representative, if any,
and owners}.
{8) Appeal from any decision of the Director of Public Works
pursuant to this Section may be made by any interested person in
the same manner, procedure, and time limitation as is provided in
this Chapter For appeals on tentative maps.
{9) 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 pursuant to Section 20-
68. Evidence shall be submitted to the Department of Public
Works, 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 Public Works for checking and
approval prior to recordation.
(10} Development of lots or pazcels resin#ing from lot line adjustments
pursuant to this Section must be in compliance with any and all
applicable State and County statutes, ordinances, and regulations.
{1 l) 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."
ection 7. Section 20-96 of Chapter 20 of the Butte County Cade is amended to read as follows:
"Sec#ion 20-9G. Filing application for parcel maps.
The owner, or his designated agent, shall file an application with the Department of
Development Services, as specified in Section 20-61 of this Code.
section 8. Section 20-166 Chapter 20 of the Butte County Code is amended to read as follows:
"Section 20-166. Action by Advisory Agency on request for certificate of
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compliance.
The Development Services Department shall determine the completeness of an application
requesting a Certificate of Compliance within thirty (30) calendazs days of its filing.
Within thirty (30) calendar days after the application is determined to be complete the
Advisory Agency shall commence its review of the request to determine whether the
property or the division thereof complies with the provisions of the state Subdivision Map
Act and this Chapter, and whether a Certificate of Compliance or a conditional Certificate
of Compliance shall be issued and recorded in the office of the Recorder."
Section 9. Section 20-180.2 Chapter 20 of the Butte County Code is amended to read as follows:
"Section 20-180.2. Merger of contigaaus parcels.
{a) Merger. Pursuant to Government Code Section 66499.20 314 and this section,
contiguous lots or pazcels under common ownership may be merged without
reverting to acreage.
(b) Application. Notwithstanding anything in this Chapter to the contrary, 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 title report as to such lots or parcels and shall include a legal description
of the resulting merged lots or parcels.
(c} Dwner'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 Public Works. The signature of either the holder of beneficial
interests under trust deeds, or the trustee under such trust 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.
(d) Referral to Affected Departments. The Director of Public Works shall refer an
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application for merger to other affected County departments, including, but not
limited to, the Department of Development Services and the Environmental
Health Department. -Such departments shall review the application and submit
their comments pertaining thereto to the Director in writing.
{e) Nofice. At least ten (10) days prior to taking action to approve or deny the
application, the Director of Public Works shall give notice that the application
has been received. Such notice shall be published pursuant to Government Code
Section 60G 1 in a newspaper of general circulation within the County, shall give
a general description of the application and the location of the real property which
is the subject o£ the application, shall advise that comments pertaining to the
application can be made and sent to the Director of Public Works, shaIl state the
date upon which action will be taken an the application, and shall be mailed or
delivered:
1) To each local agency 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 maybe significantly affected; and
2) To all owners of real property as shown on the latest
equalized tall within three hundred {300) feet of the real
property which is the subject of the application.
(f) Compliance With Zoning Ordinance. 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 zone in which it is
located. Each resulting merged lot or parcel must comply ,as closely as possible,
with the minimum parcel area and frontage requirements of the zone in which it
is located.
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{g} Approval. The Director of Public Works shall review the application for
compliance with this 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 that does not comply with these requirements.
The Director shall give written notice of his action on the application as follows:
by mail to the applicant and owner(s) and representative, if any.
(h) Appeal. Appeal from any decision of the Director of Public Works pursuant to
this section may be made by any interested person in the same manner, procedure
anal time limitation as is provided in this chapter for appeals on tentative maps.
(i} Modification of Encumbrances. Prior to the recordation of the certificate of
merger, all encumbrances, including bonded indebtedness, shall be modified to
apply uniformly to each entire resulting lot or parcel, rather than to the portions
of each resulting lot or parcel corresponding to the separate lots or parcels prior
to the merger.
(j) Certificate ofMerger. As to a finally approved application, the Director of Public
Works 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 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 individual Lots or parcels which have been merged
are not separately available for sale, lease, or financing
purposes.
(k} Development of Resulting Lot or Parcel. Development of lots or parcels
resulting from merger pursuant to this section must be in compliance with any and
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all applicable State and County statutes, ordinances, and regulations.
(1} Compliance with Approved Access Requirements. Merger pursuant to this
section shall not exempt a resulting lot or parcel from the provisions of Section
25-4 of the Butte County Code, if said Section 25-4 would otherwise be
applicable.
Section 10. 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 remaining pans of this ordinance.
Section 11. Effective Date and. Publication. This Ordinance shall be and it is hereby declared to be
in full force and effect from and after thirty {30} days after the date of its passage, and before the
expiration of fifteen (15) days after its passage, this Ordinance shall be published once with the names
of the members of the Board of Supervisors voting for and against it in the Chico Enterprise , a
newspaper 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 25tHlay of 3une , 1996, by the following vote:
AYES: Supervisors Dolan, Houx, Thomas and Vice Chair Meyer
NOES: None
ABSEN'T'; Chair McLaughlin
NOT VOTING: None
. by• Vice Chair
D MCLAUGHLIN, au of the
Butte County Boar f Supervisors
II ATTEST:
JOHN S. BLACKLOCK
Officer and Clerkk oft ' Board
By _. ~`
(eubord.cov)
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