HomeMy WebLinkAbout40521
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Ordinance No. 4052
AN ORDINANCE AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION,"
CHAPTER 13, ENTITLED "GRADING AND MINING," AND CHAPTER 20,
ENTITLED "SUBDIVISIONS," OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as
follows:
Section, 1. Section 2-x.50 is amended as follows:
2-150 Department created.
There is hereby created in the county a department of
development services. Said department sha11 consist of the
fo~.].owing offices and divisions:
(a) Director's office;
(b) Building division;
(c) Planning division; and
(d) Zoning Administrator.
Section 2. Section 2-150.5 is added as follows:
2-150.5 Creation of Zoning Administrator ender Government Code
Section 65900.
Pursuant to Title 7, Division 1, Chapter 4, Article 3
of the Government Code of the State of California (commencing
~s,vith Section 65900), there is hereby created in the County of
Butte the office of Zoning Administrator.
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IlSection 3. Section. 2-151 is amended as follows:
12.151
Dutaes of department .
The duties to be performed by the department of
development services shall be as follows:
(a) Building division. The building division shall
administer all building regulations adopted by the county and
appropriate state building regulations, and issue all permits
related thereto.
(b) Planning division. The planning division shall
administer all technical matters pertaining to planning and
zoning pursuant to regulations adopted by the county.
(c) Director or designee(s).
(1) Notwithstanding any other provision of this
Code to the contrary providing for the submission of permit and
land use entitlement applications to the department of
development services, the director of development services, or
his or her designee, sha11 establish procedures, requirements
and forms for the submission of such applications, including,
but not limited to, procedures for preapplication screening of
any development proposing the use of a sewage system or domestic
water. Pre-application screening regarding such developments may
require the developer to submit verification that any proposed
sewage disposal. system or domestic we11, or sewer or domestic
water service provided by a special district or other entity, is
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!fieasible and available to serve the proposed development. No
permit or land use entitlement application shall be received for
any proposed development which has not successfully completed
all required pre-application screening procedures.
{2) The director of development services, or his
or her designee, shall perform such other duties and functions
as may be assigned from time to time by the board of
supervisors.
{d) Zoning Administrator. The Director of
Development Services, or his or her designee, shall be assigned
the duties of the office of Zoning Administrator.
The Zoning Administrator shall be authorized to
investigate, consider and approve, conditionally approve ar deny
applications for administrative permits, minor use permits,
minor variances, parcel maps, and other activities and functions
specified by the Butte County Code. An appeal from the decision
of the Zoning Administrator may be made to the Planning
Commission.
At any time prior to opening the public hearing or
during a public hearing on an application, the Zoning
Administrator is authorized to refer any application with or
without recommendations to the Planning Commission. In such
cases, the Planning Commission shall hear and decide the matter.
An appeal from the decision of the Planning Commission may be
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made to the Board of Supervisors.
Section 4. Sections 13-13 and 13-14 are amended as follows:
~ 13-13
Directors ~epo~t.
Upon receipt of a complete application for a grading
permit by the director, completion of an environmental review
pursuant to section 13-7, and the director's consideration
thereof, the director shall submit a report including his
recommendations to the zoning administrator together with a
request that the matter be set for hearing.
13--14 xearing .
{a) Timeframe for hearix~.g. Upon receipt of the
director`s report, the zoning administrator shall, in the same
manner as provided for in section 24-260 of Chapter 24 of this
Code, schedule a public hearing within forty-five (45) days of
receiving the director's report.
(b} Determination by the zoning administrator.
(1) The zoning administrator may consider and
act upon grading permit applications that are minor and non-
controversial in nature. Grading applications approved by the
zoning administrator must generally meet the following criteria:
grading will not adversely affect sensitive human receptors,
sensitive biological resources, or cultural resources.
(2) The zoning administrator may forward grading
applications to the planning commission for consideration and
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action, including any grading applications recommended by the
director for consideration by the planning commission.
(3} The determination of the zoning
administrator shall be final unless a written appeal is filed in
the same manner as provided in section 24-267 of Chapter 24 of
lthis code.
(c) Determinations by the planning commission
(1} The planning commission, on the basis of
evidence submitted at the hearing, may approve or deny the
permit.
(2) The determination of the planning commission
shall be final unless a written appeal is filed in the same
manner as provided in section 24-267 of Chapter 24 of this Code.
(d) Time Limits and Extensions
(1) Expiration of Permit. A grading permit
shah. expire ax~.d become void two years after the date of
approval except where an extension of time is approved as
allowed by Subsection (2)(Extension of Time}.
(2) Extension of Time. The zoning administrator
may approve an extension to a permit in the following manner:
a. The applicant shall submit to the
Department of Development Services a written request far an
extension of time no later than 10 days before the expiration of
the permit.
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b. The zoning administrator may extend the ~
permit for an additional one year period if the applicant has
proceeded in good faith and has exercised due diligence in
efforts to exercise the permit in a timely manner.
c. The burden of proof is vn the applicant
to demonstrate that the permit should be extended.
d. The zoning administrator may choose to
refer any extension of time request to the planning commission
for review and final decision.
Section 5. Section 20-66 is amended as follows:
120-b6
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 notice of appeal with the clerk of
the board of supervisors no later than x: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 on which the clerk's office is open for
business. The notice of appeal must be accompanied by the appeal
fee specified in the Butte County Master Fee schedule.
(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 the time specified in
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Government Code Section bb452.5.
(c) zn 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 with
county ordinances or the Subdivision Map Act.
Within 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) calendar days for
appeals filed by an interested party.
(d) Notwithstanding anythira,g herein to the contrary,
an appeal to the condition(s) may be made by the applicant after
the ten (10) day appeal period referred to in subsection (a) of
this section, within one (1) year 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
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;
(2) The proposed change in the condition(s) will
not bring about an inconsistex~.cy to the general plan, or to the
zone or to any specific plans for the property in question;
(3) The facts are presented giving good and
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sufficient reason why the condition(s) in question were not
appealed within the ten (10) day period; and
(4) The parcel map or final map or other
required documents have not been recorded.
Section 6. Section 20-68 is amended as follows:
120-68 Extension o£ time.
if an application for extension of time is made prior
to expiration of the approved or conditionally approved map, the
zoning administrator, based on good cause, may extend the
approval for an additional period or periods beyond expiration
of the initial period set forth herein in section 20-67{a),
provided the total extension of time does not exceed the total
time set forth pursuant to Government Cade Section 66452.6(e),
as amended.
(a) An application for extension of time shall be
reviewed by the zoning administrator, who wi11 determine whether
the map presently conforms to the requirements of a tentative
subdivision map.
(1) The zoning administrator may approve an
extension of time, approve with conditions, which cause the map
to conform to present requirements, or disapprove.
{2) The decision of the zoning administrator to
disapprove an extension of time may be appealed to the advisory
agency within fifteen (15) days of the zoning administrator's
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laction.
(3} Tn the event that an approved tentative map
is revised and subsequently approved by the zoning administrator
or the advisory agency, the most recently approved tentative map
shall constitute the only recognized tentative map for further
action in consideration of filing of the map.
(b) Notwithstanding the above an application for
extension of time involving an addition to, or a modification orb
deletion of, the conditions of approval or involving a
controversial matter will be heard by the advisory agency.
Section 7. Section 20-95.1 is amended as follows:
20-95.~ Lot Tyne adjustments.
(a) Application. Notwithstanding anything in this
chapter to the contrary, an application for a lot line
adjustment shall be made to the Department of Development
Services in a manner prescribed by it along with supporting
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 the lot line
adjustment application shall be taken by the zoning
administrator as provided in subsection (d)(7) of this section
20-95.1
(b) Referral. The Department of Development services
shall refer the application to other affected county
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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 zoning
administrator in writing.
(c} Notice. At least ten (10} days prior to taking
action to approve or deny the application, the zoning
administrator sha11 give notice that the application has been
received. Such notice shall be published pursuant to Government
Code Section 60b1 in a newspaper of general circulation within
the county, sha11 give a general description of the application
and the location of the real property which is the subject of
the application, sha11 advise that comments pertaining to the
application can be made and sent to the zoning administrator,
sha11 state the date upon which action wi11 be taken on the
app~.icatian, 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 praperty 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.
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(d) Processing and Action on Application. The zoning
administrator 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 (4)
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 (4) adjoining parcels and
subsequently requests a lit line adjustment for one (1) or more
additional adjoining parcels, a tentative and final map is
required pursuant to Article IV of this Chapter, v~here an owner
owns a group of parcels without any intervening parcels owned by
another person, has previously obtained a lot line adjustment
far four (4} parcels within that group, and subsequently
requests a zot line adjustment for one (1} or more additional
parcels within that group, a tentative and final map is required
pursuant to Article 1V of this Chapter. Where more than one (1)
property owner concurrently request a lot line adjustment for
more than four (4) 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
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zoning and building ordinances of this Code, including, but not
limited to, the site requirements specified in Chapter 24, and
the provisions of the California Building Code, as adopted,
incorporated and made a part of Chapter 26 of this Code by
reference; provided, however, that if a lot has existing access
which the lot line adjustment does not affect, additional access
requirements sha11 not apply to that lot. No conforming lots or
parcels of land shall be made nonconforming or substaz~.dard as to
size or any other applicable general plan or zoning standards as
a result of a lot line adjustment; provided, however, that the
zoning administrator 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
property than originally existed is not created.
(4) If 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;
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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 contain 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 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 anal become a part of those lands as described
in the deed to as filed for record in Butte County
Official Records at (Serial Number
Page );
} (Book
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
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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 66492;
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 they
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 tax, 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 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 lot line adjustment, as approved by the County of Butte
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on
hereby,
. No additional lots or parcels are created
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 };
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.
~f a record of survey is prepared to show the lot line
modification, recording of a plat is not required pursuant to
subsection (5) of this section.
~7) The zoning administrator shall review the
application, for compliance with this section and shall review
and consider any comments received from affected county
departments. The zoning administrator is then authorized to
approve ar conditionally approve ax~y application which complies
with the requirements of this section or deny any application
found not to be in compliance. The conditions imposed by the
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~zaning administrator may include conditions to facilitate the
relocation of existing affected utilities, infrastructure or
easements. The zoning administrator shall give written notice of
his or her action on the application by mail to the applicant,
and representative, if any, and owner(s).
(8) Appeal from any decision of the zoning
administrator 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 o~ approval shall be met
within thirty-six (36) months from the date of approval or the
approval will be considered nu11 and void; provided, however,
that if the lot line adjustment was processed concurrently with
a related application for a waiver, parcel map ar subdivision
map, an extension coinciding with such related application may
be granted pursuant to section 20-6$. 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 parcels resulting
from lot line adjustments pursuant to this section must be in
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compliance with any and all applicable state and county
statutes, ordinances and regulations.
(11) 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.
Section 8. Section 20-100 is repealed and replaced as follows:
20-100 Approval of Parcel Maps.
(a) The planning commission shall approve,
conditionally approve, or deny the following parcel map
applications, in the same manner as specified in sections 20-65
and 20--65.5:
(1) Parcel maps creating more than four parcels
plus remainder;
{2 ) Parcel maps referred by the zonix~.g
administrator pursuant to section 2-151; and
{3) Parcel maps appealed from a decision of the
zoning administrator. Such parcel maps shall be processed de
novo. A Notice of Decision from the zoning administrator
pursuant to section 24-2638 shall be included in the appeal.
(b) The zoning administrator may approve,
conditionally approve, or deny parcel map applications creating
four or fewer parcels plus remainder in the same manner as
specified in sections 20-65 and 2D-65.5, or may refer the same
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to the planning commission.
Section 9. Section 20-106 is amended as follows:
X20-106
Appeal, .
Appeal from any decision in this article may be made
in the same manner, procedure and time limitations as is
provided in this chapter for appeals on tentative maps. Appeals
from a decision of the zoning administrator are to the planning
commission, and appeals from the planning commission are to the
board of supervisors.
Section 10. Section 20-133 is amended as follows:
20-133 Cul-de-sac streets.
(a) The maximum length of a cul-de-sac street,
including all cul-de-sac streets accessed from that cul-de-sac
street, shall be in conformance with State Public Resources Code:
section 4290, and California Code of Regulations, Title 14
Natural Resources, Division 1.5 Department of Forestry, Chapter
7 Fire Protection, Subchapter 2 SRA Fire Safe Regulations, as
amended and shall apply to unincorporated areas throughout Butte
County.
The maximum cul-de-sac street length shall depend upon
the minimum parcel size specified in the zone applicable to the
parcels served by the cul-de-sac street and sha11 not exceed the
fallowing cumulative lengths, regardless of the number of
parcels served:
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(1) Parcels zoned far less than one (1) acre -
eight hundred (800) feet;
(2) Parcels zoned for one {1) acre to 4.99
acres - one thousand three hundred twenty (1,320) feet;
(3) Parcels zoned for five (5) acres to
19.99 acres - two thousaxa.d six hundred forty (2,640} feet;
(4) Parcels zoned for twenty (20) acres ar
larger - five thousand two hundred eighty (5,280) feet.
The cul-de-sac street length shall be measured from
the property line of the first parcel that has no access other
than the cul-de-sac street axa.d which is nearest the intersection
that begins the street to the end of the road surface at its
farthest point. Where a cul-de-sac street crosses areas of
differing zoned parcel sizes, requiring different length limits,
the shortest allowable street length shall apply.
(b) Where parcels are zoned five {5) acres or larger,
standard turnarounds shall be provided at a maximum of one
thousand three hundred twenty (1,320) foot intervals.
(c) Each cul-de-sac street shall have a standard
Ilturnaround constructed at its terminus.
(d) Where the cul-de-sac street length already
exceeds the maximum length allowed above, then the parcel sha11
not be allowed to subdivide without providing circulation with
an approved access to reduce the cul-de-sac length to at or
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(below the length allowed under this section..
(e) Exceptions to the standards for cul-de-sac
streets as defined in this section shall only be granted when
all the following circumstances apply:
(1) The exception has concurrence from the Butte
County Fire Department/CalFire, and measures have been
incorporated into the approval of the tentative map or parcel
map to reduce fire hazard in a manner that has the same
practical effect as limiting the length of a cul-de-sac street.
{2} This exception would apply only when the
resulting parcels after subdivision are 5 gross acres ar more in,
size, or when resulting parcels are similar in size and nature
to surrounding parcels.
(3} This exception. may not be applied within the
TPZ, TM or FR zoning districts.
Section 13.. Sections 20-161 and 20-161.1 are amended as follows:
20--161 Notice of vio~.ation.
Whenever any county department has knowledge that real
property may have been divided in violation of the provisions of
the Subdivision Map Act or of this chapter, it shall either
report such knowledge to the Department of Development Services
which shall schedule a hearing in front of the planning
commission pursuant to section 20-161.1. Notwithstanding the
above, the office of the district attorney shall be exempt from
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the requirements of this section and section 20-161.1.
20-161.1 Notice.
The county department having such knowledge of the
violation or the Department of Development Services, which after
reviewing the report submitted to it by the county department
and finding that the circumstances warrant, unless such
violation is under investigation and/or prosecution by the
office of the district attorney, sha11:
(1} File with the recorder a notice of intention
to record a notice of violation, which notice shall describe the
property in detail, naming the owners thereof, describing the
violation, and stating that the opportunity wi11 be given to the
owner to present evidence.
(2} Set for hearing before the planning
commission the question of whether or not there has been a
i division of land in vialation of the Subdivision Map Act or this
chapter, and whether a notice of violation should be recorded in
the office of the county recorder. Upon recording the notice of
intention, a copy of the notice shall be sent to the owner of
the real property, setting forth the time, date and place of
such hearing, at which the owner may present evidence.
(3) Deliver a copy of said notice to the
development services, public works and health departments. After
such delivery, no permits or approvals shall be issued until a
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final determination has been made regarding recordation of a
notice of violation.
Section 12. Section 20-162 is amended as follows:
X20-162 Action regarding notice of violation.
At the time of said hearing, after hearing the
evidence presented by the representative or representatives of
the county, the owners of the property, and any other interested
persons, the planning commission shall determine whether or not
the property has been properly divided or has resulted from a
division in violation of this chapter or the subdivision Map
Act.
If the owner of the real property has failed to inform
the county of his abjection to recording the notice of
violation, or if the planning commission determines that the
property has been divided or has resulted from a division in
violation of this chapter or of the subdivision map act, the
county department or the planning commission shall mail a notice
so stating to the owner or owners of the property affected as
shown on the latest assessment roll, advising them of their
right to appeal this decision to the board of supervisors
pursuant to section 20-172 and further stating that a notice of
violation shall be recorded with the county recorder containing
the information specified in section 66499.36 of the Government
Code. The planning commission shall forward a copy of said
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notice to the district attorney far possible prosecution.. If the
planning commission determines that no violation has occurred or
that a violation has occurred but has been corrected, the
planning commission sha11 record a certificate of compliance in
a form specified in this chapter, which sha11 constitute a
release of the notice of intention to record a notice of
violation.
Section 13. Sections 20-165, 20-166, and 20-167 are amended as
follows:
20-165 Certificate of comp~.iance.
Any person owning real property may request the county
to determine whether such real property complies with the
provisions of the Subdivision Map Act and of this chapter.
Applications for such determination shall be filed with the
department of development services, together with a plot plan
and such other information as may be prescribed by the advisory
agency or zoning administrator, including the filing fee as
established by resolution of the board of supervisors.
20-156 Action on request for certificate of compliance.
The development services department shall determine
the completeness of an application requesting a certificate of
compliance within thirty (30) calendar days of its filing.
Within thirty (30) calendar days after the application is
,determined to be complete, the zoning administrator shall
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commence review of the request to determine whether the property
or the division thereof complies with the provisions of the
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. The
zoning administrator may forward the request to the planning
(commission for action.
X20-167 Conditional issuance of certificate of compliance.
If the advisory agency or zoning administrator
determines that such real property does not comply with the
provisions of the Subdivision Map Act or of this chapter, but
that development of such real property would not be contrary to
public health or the public safety, it shall grant a certificate
of compliance. rn such cases the advisory agency or zoning
administrator may, as a condition of granting a certificate of
compliance, and in order to protect the public health or the
public safety, impose such conditions as would have been
applicable to the division of the property at the time the
current owner of record acquired the property; except that where
the applicant was the owner of record at the time of the initial
violation of the provisions of this chapter or of local
ordinances enacted pursuant thereto who by a grant of the real
property created a parcel or parcels in violation of this
chapter or local ordinances enacted pursuant thereto, and such
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(person is the current owner of record of one ~1) or more of the
parcels which were created as a result of the grant in violation)
of this chapter or local ordixa.ances enacted pursuant thereto,
then the local agency may impose such conditions as would be
applicable to a current division of the property. Such
conditions may be fu1fi11ed and implemented by the property
owner who applied for the certificate or by a grantee of such
property owner. If such conditions are not fulfilled or
implemented, the certificate of compliance sha11 have no force
~or effect upon any subsequent transfer of the property; and any
subsequent transferee or assignee shall make a new application
for a certificate of compliance pursuant to section 20-166; and
the advisory agency or zoning administrator may impose such
conditions as would have been applicable at the time such
assignee or transferee acquired the property.
If such conditions are fulfilled to the satisfaction
oaf the advisory agency or zoning administrator, the current
owner of record may request that a notice of compliance be filed
with the Butte County Recorder. Said notice of compliance sha11
identify the real property and the book and page of the
previously recorded certificate of compliance and shall state
that the conditions of the certificate of compliance have been
fulfilled to the satisfaction of the advisory agency or zoning
administrtor.
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Section 1~. Section 20-169 is amended as follows:
[20-169 Denial of certi~£icate of compliance.
zf the advisory agency or zoning administrator
determines that such real property does not comply with the
provisions of the Subdivision Map Act or of this chapter and
that conditions cannot be imposed to protect the public health
and public safety, it shall deny the application for a
certificate of compliance and sha11 initiate notice of violation
proceedings pursuant to section 20-160 et seq. unless the owner
appeals or applies for approval of a subdivision or parcel map
pursuant to this chapter, in which event the notice of violation
procedures sha11 be held in abeyance until a final decision is
made with respect to such appeal or map. Notice of denial of the
application for a certificate of compliance shall be mailed to
the applicant advising him of his right to appeal the decision
of the zoning administrator to the planning commission or to
appeal the decision of the planning commission to the board of
supervisors and further advising that unless such an appeal is
timely filed or application is made for approval of a
subdivision or parcel map, notice of violation procedures shall
be initiated.
Section 15. Section 20--173 is repealed.
Section 16. The title to Article VIII is amended as follows:
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Article VIII. Mergers and Reversions to Acreage
Section 17. Section 20-180.3 is amended as follows:
~ 20--180.3 Merger o~ existing adjoining lots into a si.ngl.e lot or ~
parcel.
(a} Merger. Pursuant to Government Code Section
66499.20 3/~ anal this section, existing adjoining lots or parcels
under common ownership may be merged into a single lot or parcel
without reverting to acreage. For purposes of this section,
"adjoining" means touching on a common line or lines.
(b} Application. Notwithstanding anything in this
Chapter to the contrary, an application for merger ixato a single:
lot or parcel shall be made to the Department of Development
Services on a form approved by the Director of Development
Services, 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 (6} months of the
date the application is complete, as to such lots or parcels,
and shall include a legal description of the resulting merged
lot or parcel.
(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 awner's certificate shall be in a form approved by
',the Director of Development Services. The signature of either
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the holder of bex~.eficial 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 shah. 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 6061 ixz 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 Development Services, shall state the date upon
which action wi11 be taken on the application, and shall be
mailed or delivered:
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(1) To each local agency expected to provide
water, sewage, streets, roads, schools, ar other essential
facilities or services to the property, whose ability to provide
those facilities and services may be significantly affected; and
(2) Ta all owners of real property as shown on
the latest equalized county assessment ra11 within three hundred
(3a0) 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 sha11 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; provided, however, that if a lot or parcel has
existing access which the merger does not affect, the access
requirements sha11 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 applicable
zoning and building ordinances of this Code; provided, however,
that the Department of 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,
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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 zoning administrator shall review
the application for compliance with this section and shall
review and consider the application, current zoning and general
plan requirements, and az~.y comments received from affected
County departments. The zoning administrator is then authorized
to approve ar conditionally approve any application, which
complies with the requirements of this section, or deny any
application that does not comply with these requirements. The
zoning administrator shall give written notice of his 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 ex~.titlements on 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 zoning administrator pursuant 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
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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 ar parcels prior to the
merger.
(j) Certificate of Merger. As to a finally approved
application, the zoning administrator 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.
(1) Compliance with Approved Access
~~Ftequirements. Merger pursuant 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.
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Section 1$. Severability.
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 shall not
affect the remaining provisions ar other applications of the
Ordinance which can be given effect without the invalid
provision or application thereof.
Section 19. 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, before the expiration of
fifteen (15) days after its passage, to publish this Ordinance
once, with the names of the members of the Board of Supervisors
voting for and against it, in the Chico Enterprise Record, 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 12t~ day of March,
2013, by the following vote:
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AYES: Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly
NOES: None
ABSENT: None
NOT VOTING: None
~~~ ..-
Bill Connelly, Chair of the
Butte County Board of Supervisors
ATTEST:
Paul Hahn, Chief Administrative Officer
an
By
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