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I Ordinance No. 3835
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3 AN ORDINANCE AMENDING SECTION 3-81 AND
4 ADDING SECTION 20-18Q.3 MERGER OF ALL CONTIGUOUS PARCELS
5 INTO ONE SINGLE LOT OR PARCEL OF REAL PROPERTY TO
6 THE BUTTE COUNTY CODE
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S Sec~ian 1: Purpose
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10 WHEREAS, The Butte County Board of Supervisors has determined that it is in the best
11 interest of the public to allow merger of all contiguous properties under one ownership
12 into a single Iot or parcel of real property; and
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14 WHEREAS, it has been determined that the merger of ail contiguous real properties
15 under one ownership into a single ownership is in compliance with the appropriate
16 zoning designation provide that the resulting lot or parcel complies with each of the
17 fallowing:
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19 1) Mergers of lots or parcels, which contain one (1) or more living units, shall
20 only be approved if the resulting single merged lot or parcel complies with the
21 density requirements of the zone in which it is located.
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23 2) Each resulting lot or parcel of land shall conform to the provisions of the
24 applicable zoning and building ordinances of this Cade. No conforming lots ar
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1 1 parcels of Iand shall be made non-conforming or substandard as to size or any
2 other applicable zoning standards as a result of a merger; provided, however, that
3 the Department of Public Works may approve modifications of nonconforming
4 lots or parcels where the modifications do not adversely affect the public health
5 and safety; and
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7 WHEREAS, issuance of permits is dependent upon compliance with the current
8 sewerage disposal and water supply requirements is necessary for the orderly
9 development of lots or parcels created in conformance with the appropriate local and
10 State regulations;
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1 12 NOW THEREFORE LET YT BE RESOLVED, that the following section be added to
13 Chapter 24 of the Butte County Cade:
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15 Section 2. Section 3-$1. Land Development Division fee schedule is hereby
16 amended as follows:
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18 Section 3-$~. Land Development Division fee schedule.
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20 Land Development Division fees shall be as follows:
21 {a) Filing fees:
22 (1} Subdivision map (1-49 lots); $50.00 + $5.00 per lot.
~ 23 (2} Subdivision map (50 + lots): Actual time
24 biifiing/$650A0 deposit.
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1 (3} Parcel map: $250.00 + $20.0 per lot.
2 (4) Revised map: $380.00.
3 (5) Preliminary subdivision: $410.00.
4 {6} Lot line adjustment: $225.00.
5 (7} Legal lot determinationlcertificate of compliance: $450.00.
(8} Waiver application: $310.00.
7 {9) Reversion to acreage: $390.00.
8 (10} Application for certificate of merger: $280.00 + $20.00 per resulting lot.
9 11 A lication for certificate of mer er into one sin le arcel 200.00.
10 {b) Miscellaneous fees:
1I (1) Right of way abandonment: $212.00.
12 (2} Research letter: $75.OOlone (1) hour with $75.00 minimum fee.
13 {3) Flood and drainage letters/public report soils letters: $170.00.
14 (4) Notice oftenants-Condominium conversions: $20.00 per notice.
I5 (5} Appeals from actions regarding mergers and lot line adjustments: $250.00.
lb (6) Road bonding charge: $100.00.
17 (7} Predevelapment conference: $75A0 per meeting, excluding those required
18 for planned unit developments.
19 (c) Checking fees:
20 (1} Final subdivision map: $490.00+ $15.00 per Iot.
21 (2) Final Parcel Map: $494.00 + $20.00 per lot.
22 (3) Record of Survey: Actual time billingl$300.00 deposit.
23 (4) Lot line adjustment: by map, deed or plat: $450.00.
24 (5) Waiver applications by deeds: $450A0.
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1 {6) Private road inspection: $350.00
2 (7) Subdivision and site improvement construction plan checking: 1 %z% of
3 estimated construcrion cost, $150.00 minimum.
4 (S} Subdivision and site improvement construction inspection: Actual time
S biliing/initial deposit of 3% of estimated construction cost.
6 (9) Assessment district construction plan checking: 1 %i% of estimated
7 construction cost.
8 {l0} Assessment district construction inspection: 6% of estimated construction
9 cost.
10 (11) Checking temporary leach trench for storm drainage: $lOSAO.
11 {d) Revietiving fees:
12 { 1 } Use permit: $150.00.
13 (2) Administrative use permit: $75.00.
14 (3) Variance: $150.00.
15 {4) Administrative variance: $75.00.
16 (5) Rezone: $150.00.
17 (6) Planned unit development: $325,00.
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19 Section 3: Section 20-180.3 is added to Chapter 20 of the Butte County_ Code to
20 read as follows:
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22 Sec. 20-180.3. Merger of all contiguous parcels into a single lot or parcel of real
23 property.
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1 (a) Merger. Pursuant to Government Code Section 66499.20 314 and this section, all
2 contiguous lots ar parcels under common ownership maybe merged into a single
3 lot or parcel without reverting to acreage.
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5 (b) Application. Notwithstanding anything in this Chapter to the contrary, an
6 application for merger into a single lot or parcel shall be made to the Department
7 of Public Works on a form approved by the Director of Public Works, shall
8 include a legal description of the lots or parcels to be merged, shall include a title
9 report or preliminary title report, current within six months of the date the
10 application is complete, as to such lots or parcels, and shall include a legal
11 description of the resulting merged lot or parcel.
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13 {c) Owner's Consent. All parties having any record title interest in the real property
14 being merged shall consent to the merger by executing an owner's certificate
15 consenting to merger. Said owner's certificate shall be in a form approved by the
16 Director of Public Works. The signature of either the holder of beneficial
17 interests under trust deeds, or the trustee under such deeds, but not both, may be
18 omitted. The signature of either shall constitute a full and complete subordination
19 of the lien of the deed of tract to the merger and any interest created by the
20 merger.
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22 {d) Compliance With Zoning Ordinance.
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1 1) Mergers of lots or parcels, which contain one (1} or more living units,
2 shall only be approved if the resulting single merged lot or parcel complies
3 with the density requirements of the zone in which it is loca#ed.
5 2) Each resulting iot or parcel of land shall conform to the provisions of the
b applicable zoning and building ordinances of this Code. No conforming
7 lots or pazcels of land shall be made non-conforming or substandard as to
8 size or any other applicable zoning standards as a result of a merger;
9 provided, however, that the Department of Public Works may approve
10 modifications of nonconforming lots or parcels where the modifications
11 do not adversely affect the public health and safety.
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13 (e) Approval. The Director of Public Works shall review the application for
14 compliance with this section and shall review and consider the application,
15 current zoning and general plan requirements, and any comments received from
16 affected County departments. The Director is then authorized to approve or
17 conditionally approve any application, which complies with the requirements of
18 this section, or deny any application that does not comply with these
19 requirements. The Director shall give written notice of his action on the
20 application as follows: by mail to the applicant and owner{s} and representative,
21 if any.
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1 (f) Appeal. Any interested person may make appeal from any decision of the
2 Director of Public Works pursuant to this section in the same manner, procedure
3 and time limitation as is provided in this chapter for appeals on tentative maps.
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5 {g) Modification of Encumbrances. Prior to or concurrently with the recordation of
6 the Certificate of Merger, all encumbrances, including bonded indebtedness, shall
7 be modified to apply uniformly to each entixe resulting lot ar pazcel, rather than to
8 the portions of each resulting lot or pazcel corresponding to the separate lots or
9 parcels prior to the merger.
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11 {h} Certificate of Merger. As to a finally approved application, the Director of Public
12 Works shall record a Certificate of Merger, including the owner's consent to
13 merger, to evidence. the merger of the lots ar parcels. The Certificate of Merger
14 shall be in a form approved by the Director of Public Works and may include
15 notations to the effect that:
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17 1) Approval of the merger does not guarantee that the resulting lot or pazcel
18 is developable;
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20 2} The individual lots or parcels, which have been merged, are not separately
21 available for sale, lease, or financing purposes.
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~~~ ... `1 (i} Development of Resulting Lot or Parcel. Development of the lot or parcel
2 resulting from merger pursuant to this section must be in compliance with any and
3 ail applicable State and County statutes, ordinances, and regulations.
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5 (j) Compliance with Approved Access Requirements. Merger pursuant to this
6 section shall not exempt a resulting lot from the provisions of Section 26-4 of the
7 Butte County Code, if said Section 26-4 would otherwise be applicable.
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9 Section 4: Severability Clause
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11 if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
-1 12 held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such
J 13 decision shall not affect the validity of the remaining portions of this .ordinance. The
14 Board of Supervisors hereby declares that it would have passed this Ordinance and every
15 section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any
16 one or more sections, subsections, sentences, clauses or phrases be declared
17 unconstitutional or invalid.
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19 Section 5 Effective Da#e
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21 This Ordinance shall take effect thirty (30) days after the date of its passage. The new fee
22 established in the modification to Section 3-81{a}{1I) shall take effect 60 days after the
23 date of the passage of this Ordinance. The Clerk of the Board of Supervisors is
24 authorized and directed to publish this ordinance before the expiration of fifteen (15)
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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 Chica Enterprise
Record, 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 this 24th day of September , 2Q02 by the following vote:
AYES: ~upervisors<Beeler, Dolan, Houk, Yamaguchi, Chair Josiasser~
NOES: None
ABSENT: None
NOT VOTING: None
osiassen, Chair, Butte County
Board of Supervisors
ATTEST:
PAUL McINTOSH
Chief Administrative Officer and
Clerk of the Board of Supervisors
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