20-95 - When a parcel map is not required.

(a)

Generally. A parcel map shall not be required for:

(1)

Subdivisions of a portion of the operating right-of-way of a railroad corporation defined as such by section 230 of the Public Utilities Code, which are created by short term leases (terminable by either party on not more than thirty (30) days' notice in writing);

(2)

Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for right-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map.

(b)

Lot line adjustments. No tentative map, parcel map or final map shall be required for any conveyance or agreement made solely for the purpose of correcting, confirming or relocating a boundary common to adjoining lots or parcels of land, in accordance with a lot line adjustment approved pursuant to Government Code section 66412(d) and section 20-95.1 of this Code.

(Ord. No. 3188, § 1(Exh. A), 3-14-95; Ord. No. 3273, § 6, 6-25-96; Ord. No. 3584, § 2, 2-22-2000; Ord. No. 3877, § 1, 4-13-2004)

(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 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)

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 (1) 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 lot line adjustment for one (1) or more additional adjoining parcels, a tentative and final map is required pursuant to Article IV 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 (4) parcels within that group, and subsequently requests a lot line adjustment for one (1) or more additional parcels within that group, a tentative and final map is required

pursuant to Article IV 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 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 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; except as provided for in Chapter 24, Article VI, Division 7, Section 24-302 (Exception to minimum parcel size).

(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;

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:

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;

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;

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.

(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 the 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:

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;

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;

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. If 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 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 zoning 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 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 checking 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 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.

(Ord. No. 3877, § 2, 4-13-2004; Ord. No. 4052, § 7, 3-12-13; Ord. No. 4255, § 4, 11-12-24)