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HomeMy WebLinkAbout35841 2 3 4 5 6 7, 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I 22 23 24 25 26 27 z~ Ordinance No . 3584 AN ORDINANCE AMENDING SECTION 20-180.2, ENTITLED "MERGER OF CONTIGUOUS PARCELS" AND SUBPART (2) OF SUBSECTION (b), ENTITLED "LOT LINE ADJUSTMENTS", OF SECTION 20-95, OF THE BUTTE COUNTY CODE The Board of Supervisors of the County of Butte ordains as follows: Secta.on 1. Section 20-180.2 of the Butte County Code, entitled "Merger of Contiguous Parcels"is amended to read as follows: "Sec. 20-180.2. Merger of contiguous parcels. (a) Merger. Pursuant to Government Code Section 66499.20 3/4 and this section, contiguous lots or parcels 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 made to the Department of Public Works an 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 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 lots or parcels. © 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 Public Works. 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 1 ll 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26. 27 28 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 application far 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) Notice. 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 6061 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 of the application, shall advise that comments pertaining to the application can be made and sent to the Director of Public Works, shall state the date upon which action will be taken on 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 may be significantly affected; and 2) To all owners of real property as shown on the latest equalized roll within three hundred (300) 2 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 feet of the real property which is the subject of the application. (f} 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 zone in which it is located. 2}Each resulting lot or parcel of land shall conform to the provisions of 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 Works may approve modifications of nonconforming lots or parcels where the modifications do not adversely affect the public health and safety. (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 3 1 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 1b 17 18 19 20 21 22 23 24 25 26 27 '' 28 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 and time limitation as is provided in this chapter for appeals on tentative maps. {I} 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 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 of Merger. 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 all applicable-State and County statutes, ordinances, and regulations. (1) Compliance with Approved Access Requirements. Merger pursuant 4 1 2 3' 4 S 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2. Subpart (2) of Subsection (b), entitled "Lot Line Adjustments", of Section 20-95 of the Butte County Code, is amended '~,to read as follows: (2) Each resulting lot or parcel of land shall conform to the',, provisions of 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 lot line adjustment; provided, however, that the Department of Public Works may approve modifications of nonconforming lots or parcels where the modifications do not adversely affect the public health and safety. Section 3. SeverabilitSr_._ If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid by a court of competent jurisdiction, such provision shall be deemed severable, and the invalidity thereof sha11 not affect the remaining provisions or other applications of the Ordinance which can be given effect without the invalid provision or application thereof. Section 4. 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 names of 5 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 25 Zb 27 28 the members of~the Board of Supervisors voting for and against it, in the Chico Enterprise , 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 22nd day of ~'e~ruary , 2000, by the following vote: AYES: Supervisors Beeler, Houx, ,Iosiassen, Davis and Chair Dolan NOES : None ABSENT : None NOT VOTING : None ~ f~_ ~ ~; li~~v; ~nair or the But e County Board of Supervisors ATTEST: ~J JOHN S. BLACKLOCK Officer and Cler of the Board 5 g:\docs\ordinance\merger