HomeMy WebLinkAbout38771
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Ordinance No . 3877
ORDINANCE AMENDING SECTION 20-95 AND ADDING SECTION 20-95.1,
REGARDING LOT LINE ADJIISTMENTS, REPEALING SECTION 20-180.2 .AND
AMENDING SECTION 20-180.3 REGARDING MERGERS, IN CHAPTER 20, ENTITLED
"SUBDIVISIONS", OF THS BUTTE COUNTY CODE, AND AMENDING SECTION 24-
25.25, ENTITLED "PUBLIC HEARING FOR ZONING AMENDMENTS", AND SECTION
24-75, ENTITLED "SITE REQUIREMENTS", OF CHAPTER 24, ENTITLED
"ZONING", OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Subsection (b) of section 20-95, entitled "When a parcel
map is not required", of Chapter 20, entitled "Subdivisions", of the
Butte County Code, is amended by amending the first paragraph thereof
to read as follows and by redesignating the remainder thereof as new
section 20-95.x., which new section is added to Chapter 20 by section
2 of this ordinance:
"20--95 (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
adjoining lots or parcels of land, in accordance with a lot
line adjustment approved pursuant to Government Code section
56412 (d) and section 20-95.1 of this Code. "
Section 2. Commencing with the second paragraph of Subsection (b)
of Section 20-95, said Subsection (b) is amended to read as follows
and is re-enacted as new Section 20-95.1, which is added to Chapter
20 of the Butte County Code to read as follows:
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1 "Section 20-95.1. Lot Line Adjustments.
2 (a) Application. Notwithstanding anything in this chapter
3 to the contrary, an application for a lot line adjustment
4 shall be made to the Department of Development Services in
S a manner prescribed by it along with supporting
6 documentation as required. A lot line adjustment may be
~ processed concurrently with a related application for a
$ waiver, parcel map, or subdivision map; however, action on
9 the lot line adjustment application shall be taken by the
Director of Development Services as provided in subsection
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(d) (7) of this section 20-95.1..
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(b) Referral. The Department of Development Services
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shall refer the application to other affected county
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departments, including, but not limited to, the Department
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of Public Works and the Environmental Health Division of
15 the Public Health Department. Such departments shall
16 review the application and submit their comments
17 pertaining thereto to the Director of Development Services
18 in writing.
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(c) Notice. At least ten (10) days prior to taking
2U action to approve or deny the application, the Director of
21 Development Services shall give notice that the
22 application has been received. Such notice shall be
23 published pursuant to Government Cade Section 6061 in a
24 newspaper of general circulation within the county, shall
25 give a general description of the application and the
26 location of the real property which is the subject of the
27 application, shall advise that comments pertaining to the
28 application can be made and sent to the Director, of
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Development Services, 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 county assessment roll within three
hundred (300} feet of the real property which is the
subject of the application.
d) Processing and action on application. The Director of
Development Services shall process, review, approve,.
conditionally approve, or deny the application in
accordance with the requirements indicated below:
(1.) The lot line adjustment is between four or fewer
existing adjoining parcels, and land taken from one
parcel is added to an adjoining parcel. For purposes
of this section, "adjoining" means touching on a
common line or lines. Where an owner of adjoining
parcels has previously obtained a lot line adjustment
for four adjoining parcels and subsequently requests
a lot line adjustment for one or more additional
adjoining parcels, a tentative and final map is
required pursuant to Article ZV of this Chapter.
Where an owner owns a group of parcels without any
intervening parcels owned by another person, has
previously obtained a lot line adjustment for four
parcels within that group, and subsequently requests
a lot Line adjustment for one or more additional
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parcels within that group, a tentative and final map
is required pursuant to Article IV of this Chapter.
Where more than one property owner concurrently
request a lot line adjustment for more than four
adjoining parcels, a tentative and final map is
required pursuant to Article IV of this Chapter.
(2) Each resulting lot or parcel of land shall
conform to the provisions of the general plan and the
applicable zoning and building ordinances of this
Cade, including, but not limited to, the site
requirements specified in the applicable zone and in
Section 24-75, and the provisions of the California
Building Code, as adopted, incorporated, and made a
part of Chapter 25 of this Cade by reference.
provided, however, that if a lot has existing access
which the lot line adjustment does not affect, the
requirements of Section 24-75 (f) regarding approved
access shall not apply to that lot. No conforming
Lots or parcels of land shall be made nonconforming
or substandard as to size or any other applicable
general plan or zoning standards as a result of a lot
line adjustment; provided, however, that the
Department of Development Services may approve
modifications of nonconforming lots or parcels where
the modifications either: decrease the existing
nonconformity of a lot or parcel, without increasing
the nonconformity of another lot or parcel; improve
health or safety conditions; or improve the design of
the existing affected lots without altering the
existing land uses thereon.
(3) A greater number of lots or parcels of real
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property than originally existed is not created.
t4) Tf the 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, including a legal description signed
by a registered civil engineer licensed prior to
1982 or a professional land surveyor, together
with recording fees and documentary transfer
tax, if any. Said deed or deeds shall coza.tain
the following notes, as appropriate:
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 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
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lot line adjustment, as approved by the
County of Butte on No additional
lots or parcels are created hereby.
3. The above described lands are to be combined
with and became a part of those lands as
described in the deed to
as filed for record in Butte
County Official Records at (Serial Number
(Book Page
.)
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) If the 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 8 of chapter 4 of division
2 of title 7 of the Government Code, commencing
with section 6692.
b. A deed or deeds reflecting the approved lot
line adjustment, signed by all required parties
and notarized, including a legal description,
with an attached plat showing the approved
modification. The legal description and the
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plat shall each be signed by a registered civil.
engineer licensed prior to 1982 or a
professional land surveyor, together with
recording fees and documentary transfer tam, if
any. Said deed or deeds shall contain the
following notes, as appropriate:
1. The scope of review of said lot line
adjustment was limited as specified in
Government Code section 66g12(d), 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 of
Butte on No additional lots or parcels
are created hereby.
3. The above described lands are to be combined
with and become a part of those lands as
described in the deed to
as filed for record in Butte
County Official Records at (Serial Number
(Book Page~~_.)
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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 sha11 be required unless
required by section 8762 of the Business and
Professions Cade. Tf a record of survey is prepared
to show the lot line modification, recording of a
plat is not required pursuant to subsection (5)
above.
(7) The Director of Development Services 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 conditions imposed by the
Director may include conditions to facilitate the
relocation of existing affected utilities,
infrastructure or easements. The Director shall give
written notice of his or her action on the
application by mail to the applicant, and
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representative, if any, and owner{s).
(8) Appeal from any decision of the Director of
Development services 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;
provided, however, that if the lot line adjustment
was processed concurrently with a related application
for a waiver, parcel map, or subdivision map, an
extension coinciding with such related application
may be granted 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 checkir}g and approval prior to
recordation.
(10) Development of lots or parcels resulting from
lot line adjustments pursuant to this section must be
in compliance with any and all applicable state and
county statutes, ordinances, and regulations.
(11) Approval of a lot line adjustment pursuant to
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1 this section sha11 not exempt a resulting lot or
2 parcel from the provisions of section 26-4 of the
3 Butte County Code, if said section 26-4 would
4 otherwise be applicable."
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Section 3. Section 20-180.2, entitled "Merger of contiguous
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parcels", of Chapter 20 of the Butte County Code is repealed.
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Section 4. Section 20-180.3 of Chapter 20 of the Butte County Code
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9 is amended to read as follows:
10 "Section 20-180.3. Merger of existing adjoining lots or
11 parcels into a single lot or parcel of real property.
12 (a) Merger. Pursuant to Government Code Section 66439.20
13 3/4 and this section, existing adjoining lots or parcels
14 under common ownership may be merged into a single lot or
IS parcel without reverting to acreage. For purposes of this
16 section °adjoining" means touching on a common line or
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lines.
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{b) Application. Notwithstanding anything in this Chapter
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to the contrary, an application for merger into a single
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lot or parcel shall be made to the Department of
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22 Development Services on a form approved by the Director of
23 Development Services, shall include a legal description of
24 the lots or parcels to be merged, shall include a title
2S report or preliminary title report, current within six
26 months of the date the application is complete, as to such
27 lots or parcels, and shall include a legal description of
2$ the resulting merged lot or parcel.
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(c} 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 Development Services . ~,
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 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. The Department of Development Services shall
refer the application for merger to other affected county
departments, including, but ,not limited to, the Department of
Public Works and the Environmental Health Division of the Public
Health Department. Such departments shall review the application
and submit their comments pertaining thereto to the Director of
Development Services in writing.
{e) Notice. At least ten (10} days prior to taking action to
approve or deny the application, the Director of Development
Services shall give notice that the application has been
received. Such notice shall be published pursuant to Government
Code Section 5061 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
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application can be made and sent to the Director of Development
Services, 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 county assessment roll within three hundred (300)
feet of the real property which is the subject of the
application.
(f) Compliance With boning Ordinance.
7.. ) Mergers of lots ar parcels, which contain one (1)
or more living units, shall only be approved if the
resulting merged lot or parcel complies with the
density requirements of applicable general plan and
zoning ordinance requirements, including, but not
limited to, the site requirements specified in the
zone and in section 24-75. Provided, however, that if
a lot or parcel has existing access which the merger
does not affect, the requirements of section 24-75 (f)
regarding approved access shall not apply to that lot
or parcel.
2) The resulting lot or parcel of land shall conform
to the provisions of the general plan and the
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applicable zoning and building ordinances of this
Code. Provided, however, that the Department
Development Services may approve modifications of
nonconforming lots or parcels where the modifications
either decrease the existing nonconformity, without
increasing the nonconformity of another lot or parcel,
improve health or safety conditions, or improve the
design of the existing affected lots or parcels
without altering the existing land uses thereon.
(g) Approval. The Director of Development Services shall
review the application for compliance with this section and
shall review and consider the application, current zoning
and general plan requirements, and 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 or her action on the application as Follows: by
mail to the applicant and owner(s) and representative, if
any. Approval of the application does not constitute
assurance that future applications for building permits or
other land use entitlements an the resulting merged lot or
parcel will be approved by the County of Butte.
(h) Appeal. Any interested person may appeal from any
decision of the Director of Development Services pursuant
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to this section 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 the resulting lot
or parcel, rather than to the portions of the 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 Development Services 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 Development Services 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 previously existing 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
the lot or parcel resulting from merger pursuant to this
section must be in compliance with any and all applicable
State and County statutes, ordinances, and regulations.
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(1)Compliance with Approved Access Requirements. Merger
pursuant to this section shall not exempt a resulting lot
from the provisions of Section 26-~ of the Butte County
Code, if said Section 26-4 would otherwise be applicable."
on 5. Section 24-25.25 of Chapter 24 of the Butte County Code
is amended to read as follows:
"24-25.25 Public hearing for zoning amendments.
{a) The planning commission shall hold a public hearing on
any such proposed amendment. Notice of the time, date and
place of said hearing including a general explanation of
the matter to be considered and including a general
description of the area affected shall be given at least
ten (10) calendar days before the hearing in the following
manner:
{1) Notice shall be published at least once in a
newspaper of general circulation, published and
circulated in the county;
{2} In addition, notice of the hearing shall be given
by mail or delivery to all persons, including
businesses, corporations or other public or private
entities, shown on the last equalized assessment roll
as awning real property within three hundred {300)
feet of the property which is the subject of the
proposed zoning change.
{3} Tn addition to the requirements of subsections (1)
and {2) above, in the event of any planning commission
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initiated amendment, the planning commission shall
give mailed notice to the owner of the property which
is the subject of the proposed zoning change as that
owner appears on the latest equalized assessment roll.
{ 4 ) In the event that the number of persons to whom
notice would be sent pursuant to subsection (2} hereof
is greater than one thousand (1,000}, the planning
commission may, as an alternative to the notice
required by subsection (3) above, provide notice
pursuant to this subsection {4). Such notice shall be
given at least ten (i0) days prior to the hearing by
either of the following procedures:
a. By placing a display advertisement of at least
one-eighth {1/8) page in the newspaper having the
greatest circulation within the area affected by
the proposed ordinance or amendment and in at
least one (Z) additional newspaper having general
circulation within such area, if such additional
newspaper is available; or
b. By placing an insert with any generalized
mailing sent by the county to property owners in
the area affected by the proposed ordinance or
amendment, such as billings for county services.
{b) Any evidence to be received by the planning commission
at the public hearing, other than oral testimony, unless
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rejected by the planning commission when offered, shall be
surrendered to the clerk of the commission and become the
property of the County of Butte. The director of
development services shall be the custodian of the record
of the planning commission and shall keep, for at least
twelve (12) months following this presentation to the
commission, all evidence received by the commission at a
public hearing. At any time after twelve {12} months
following its presentation the director of development
services may dispose of any such evidence in any manner he
shall deem proper. The director of development services
may, upon the expiration of twelve (12) months following a
public hearing, release any evidence to the person or
persons who presented that evidence at the public hearing
so long as such person or persons sha11 make a request in
writing to the director of development services not more
than sixty (60) days nor less than thirty (30) days prior
to the expiration of the twelve {12} month period.
Notwithstanding the provisions of paragraph (b) above
the director of development services shall forward to the
clerk of the board of supervisors all evidence received
pursuant to paragraph {b) above when the matter heard by
the planning commission results in a recommendation to the
board of supervisors from the action of the planning
commission. Upon receipt by the clerk of the board of
supervisors of the evidence forwarded pursuant to this
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section the clerk of the board of supervisors shall become
the custodian thereof and the twelve-month period pursuant
to paragraph (b} above shall comme~a.ce after final action by
the board of supervisors."
on 6. Section 24-75 of Chapter 24 of the Butte County Code is
to read as follows:
"24-75 Site requirements.
There are established certain minimum standards applicable
to building Bytes throughout the county regardless of zone.
Such standards may be reduced or increased by the
regulations of a particular zone by explicit regulation in
the section of article III containing regulations for that
zone:
(a) Lot area or building site. Unless the property is
connected to an approved public water supply system,
the lot area shall be of sufficient size to comply
with the requirements of Chapter 23B of this Code, and
the minimum required area of a lot shall be no less
than:
(1} For lots that are served by individual wells
and/or individual sewage disposal systems the
minimum lot size and configuration will be
dictated by the area required to accommodate said
systems in accordance with county requirements,
including, but not limited to, the size and
separation requirements specified in Chapter 19
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of this Code or Appendix VII of the Subdivision
Improvement Standards, whichever is applicable,
but in no case shall the lot be less than eight
thousand one hundred twenty-five (8,125} square
feet.
(2) For parcels where public sewage disposal
service is provided:
a. A minimum of six thousand five hundred
(6,500} square feet for interior lots.
b. A minimum of seven thousand five hundred
(7,500} square feet for corner lots.
(b) Lot width. The minimum lot width shall be sixty-
five (65) feet.
(c) Lot frontage. The following minimum requirements
shall apply:
(1) Lots which front on a straight street and
lots with parallel sides shall have frontage of
sixty-five (65) feet or mare.
(2) Lots which front on a curved street or on the
end of a cul-de-sac shall have frontage of forty
{40) feet or more at the front lot line and
sixty-five ( 65 ) feet or more at the f rout yard
setback line.
(d} Setback, front yard. Minimum front yard setback
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shall be twenty (20} feet from the edge of the
ultimate right-of-way from all public or private roads
except where the road is classified as a federal aid
road, in which case the setback shall be twenty-five
(25) feet from the right-of-way.
(e) Setback, side and rear yards. Minimum side and
rear yard setbacks shall not be less than five (5}
feet from the property line for interior lots and ten
(10) feet from the ultimate right-of--way for the
street side setback on corner lots.
(f) Each lot shall have an approved access, which means the
right of vehicular travel, within a legal right-of--way that
meets county standards, to a public street, with entry
thereon, over a roadway that meets county design standards.
Severability. If any provision of this Ordinance or the
lication thereof to any person or circumstances is for any reason
ld to be invalid by a court of competent jurisdiction, such
ovision shall be deemed severable, and the invalidity thereof shall
affect the remaining provisions or other applications of the
~.ance which can be given effect without the invalid provision or
ication thereof.
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
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sage. This Ordinance shall be published once, with the names of the
members of the Board of Supervisors voting for and against it, in the
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 the 13th day of April
2004, by the following vote:
S: Supervisors Dalan, Houx, Josiassen, ~'amaguchi and Chair Beeler
None
None
VOTING : None
R.J. BEELER, Chair of the
Butte County Board of Supervisors
ATTEST:
PAT_7L McINTOSH, Chief
Administrative Officer
and Clerk of the Board
By ~
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