Butte County Municipal Code § 20-103 Expiration of time and extension of time

Unless waived pursuant to section 20-104, parcel maps shall be required in the case of subdivisions creating:

(1) Fewer than five (5) parcels.

(2) Five (5) or more parcels, where:

a. The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required; or

b. Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway; or

c. The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development and which has the approval of the board of supervisors as to street alignments and widths; or

d. Each parcel created by the division has a gross area of forty (40) acres or more, or each of which is a quarter-quarter section or larger.

(3) Four (4) or fewer condominiums as defined in section 783 of the Civil Code, conversion of a dwelling to a stock cooperative containing four (4) or fewer dwelling units or a community apartment project containing four (4) or fewer parcels.

(4) When the boundary lines of two (2) or more contiguous parcels under one (1) ownership are being changed or modified. No. 3188, § 1(Exh. A), 3-14-95)

(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:

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 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:

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 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)

The owner, or his designated agent, shall file an application with the department of development services, as specified in section 20-61 of this Code.

(Ord. No. 3188, § 1(Exh. A), 3-14-95; Ord. No. 3273, § 7, 6-25-96)

At the time of filing a tentative map for a subdivision to be created from the conversion of a mobile home park to another use, the subdivider shall also file a report on the impact of the conversion upon the displaced residents of the mobile home park to be converted. In determining the impact of the conversion on displaced mobile home park residents, the report shall address the availability of adequate replacement space in mobile home parks. The subdivider shall make a copy of the report available to each resident of the mobile home park at least fifteen (15) days prior to the hearing on the map by the advisory agency.

The advisory agency shall take steps to:

(1) Mitigate any significant adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park by zoning for additional replacement housing.

(2) Find that there already exists land zoned for replacement housing or adequate space in other mobile home parks for those residents who will be displaced.

(3) Require the subdivider to take steps to mitigate any significant adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park; or

(4) Make a finding, based upon substantial evidence, that mitigation pursuant to subparagraphs (1) and (3) is not feasible. Such finding shall be reviewable pursuant to section 1094.5 of the Code of Civil Procedure. As used herein, "feasible" shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The requirements for filing an application shall be as specified in section 20-62.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

(a) The director of development services shall prepare and deliver reports as specified in section 20-63.

(b) Reserved.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

(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 zoning 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 24-263(b) shall be included in the appeal.

(b) The zoning administrator may approve, conditionally approve, or deny parcel map applications creating four (4) or fewer parcels plus remainder in the same manner as specified in sections 20-65 and 20-65.5, or may refer the same to the planning commission.

(Ord. No. 4052, § 8, 3-12-13)

Editor's note— Ord. No. 4052, § 8, adopted March 12, 2013, amended § 20-100 to read as set out herein. Former § 20-110 pertained to advisory agency action on application and was derived from Ord. No. 3188, § 1(Exh. A), adopted March 14, 1995.

For a division of land which is not a subdivision of five (5) or more lots, improvements shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable off-site and on-site improvements for the parcels being created. Requirements for the construction of such off-site and on-site improvements shall be noted by certificate on the parcel map, on the instrument evidencing the waiver of such parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record.

Fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development of a parcel is issued by the county or until such time as the construction of such improvements is required pursuant to an agreement between the subdivider and the county; except that in the absence of an agreement, the county may require fulfillment of such construction requirements within a reasonable time following approval of a parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding of the advisory agency that fulfillment of the construction requirements is necessary for reasons of:

(1) The public health and safety; or

(2) The required construction is a necessary prerequisite for the orderly development of the surrounding area.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The advisory agency shall disapprove an application in the same manner and for the same reasons as specified in section 20-65.5.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

(a) The approval or conditional approval of the application shall expire and may be extended as specified in sections 20-67, 20-67.5 and 20-68.

(b) Reserved.

The advisory agency may waive the requirement for a parcel map in any case where:

(1) The subdivider files an application with the development services department stating the existing of monuments and improvements;

(2) The submitted material conforms to the requirements of the advisory agency as to form and content;

(3) The subdivider files a tentative map showing each of the parcels to be created;

(4) The advisory agency finds that the proposed division of land complies with the requirements of the California Environmental Quality Act, the zoning code of Butte County, county ordinances, improvement standards set forth by resolution of the board of supervisors, the general plan, specific plans of the county and adopted community plans;

(5) In those cases where a waiver of a map is approved, the developer shall file a record of survey; except when the parcels are quarter-quarter section, forty (40) acres or larger, the advisory agency may waive the requirement for a record of survey;

(6) All conditions of approval shall be met within twenty-four (24) months from the date of approval or the approval will be considered null and void. Evidence shall be submitted to the department of public works, prior to the expiration of approval, that all conditions of approval have been met.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Appeal from any decision in this article may be made in the same manner, procedure and time limitations as is provided in this chapter (20-66) 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.

(Ord. No. 3188, § 1(Exh. A), 3-14-95; Ord. No. 4052, § 9, 3-12-13)

(Ord. No. 4255, §§ 3, 5, 11-12-24)

Any time before expiration of an approved tentative parcel map a subdivider may cause a parcel map to be prepared substantially in conformance with the approved application conforming to the provisions of the Subdivision Map Act and of this chapter.

Only such additional information, conditions of approval or comments which affect record title interest shall be placed on the parcel map. Any additional information, conditions of approval or comments, which do not affect record title interest, shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the parcel map and shall contain a statement that the additional information, conditions of approval or comments are for informational purposes only and are not intended to affect record title interest. Additional information may include, but is not limited to: Building setback lines, flood hazard zones, seismic lines and setbacks, leach field free areas, and usable sewage disposal areas. If a separate document or additional map sheet is required, the department of public works shall determine whether a separate document or additional map sheet will be filed with the parcel map.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The applicant shall include with the application:

(1) The required fees;

(2) The preliminary title report or lot book report showing easements;

(3) The deeds establishing the boundaries of the property;

(4) The deeds establishing all existing and proposed easements and rights-of-way on the property;

(5) Copies of all lot and boundary closures. The developer shall also comply with all requirements of the design standards as adopted by the board of supervisors.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The parcel map shall be submitted to the director of public works for his examination prior to recording. If the director deems that the parcel map is in substantial conformity with the approved application and its conditions, the Subdivision Map Act and this chapter, he shall so certify on the parcel map and within twenty (20) days of submission or resubmission present the map to the county recorder for recording in the official records of the county.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The parcel map shall contain a certificate by the engineer or surveyor responsible for the preparation of the map that states that all monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before ninety (90) days from the date of recordation. The certificate shall also state that the monuments are or will be sufficient to enable the survey to be retraced.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

A certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map is required, except as follows:

(1) Neither a lien for state, county, municipal or local taxes, nor for special assessments, nor a trust interest under bond indentures, nor mechanics' liens constitutes a record title interest in land for the purpose of this chapter.

(2) The signature of either the holder of beneficial interests under trust deeds or the trustee under such trust 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 parcel map and any interest created by the parcel map.

(3) Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the parcel map:

(a) Rights-of-way, easements or other interests which cannot ripen into a fee, except those owned by a public entity or a public utility or a subsidiary of a public utility. If, however, the advisory agency determines that division and development of the property in the manner set forth on the parcel map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement, the signature of such public entity or public utility may be omitted. Where such determination is made, the subdivider shall send, by certified mail, a sketch of the proposed parcel map, together with a copy of this section, to any public entity or public utility which has previously acquired a right-of-way or easement.

If the public entity or utility objects to either (i) recording the parcel map without its signature; or (ii) the determination of the advisory agency that the division and development of the property will not unreasonably interfere with the full and complete exercise of right-of-way or easement, it shall so notify the subdivider and the advisory agency within thirty (30) days after receipt of the materials from the subdivider.

If the public entity or utility objects to recording the parcel map without its signature, the public entity or utility so objecting may affix its signature to the parcel map within thirty (30) days of filing its objection with the legislative body or advisory agency.

If the public entity or utility either (i) does not file an objection with the advisory agency; or (ii) fails to affix its signature within thirty (30) days of filing its objection to recording the map without its signature, the county may record the final map without such signature.

If the public entity or utility files an objection to the determination of the advisory agency that the division and development of the property will not unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, the advisory agency shall set the matter for public hearing to be held not less than ten (10) nor more than thirty (30) days of receipt of the objection. At such hearing, the public entity or public utility shall present evidence in support of its position that the division and development of the property will unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement.

If the advisory agency finds, following such hearing, that the development and division will, in fact, unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, it shall set forth those conditions whereby such unreasonable interference will be eliminated and upon compliance with such conditions by the subdivider, the parcel map may be recorded with or without the signature of the objector. If the advisory agency finds that the development and division will, in fact, not unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, the parcel map may be recorded without the signature of the objector, notwithstanding its objections thereto.

Failure of the public entity or public utility to file an objection pursuant to this section shall in no way affect its right-of-way or easement.

(b) Rights-of-way, easements or reversions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map.

(c) Interests in, or rights to minerals, including, but not limited to, oil, gas or other hydrocarbon substances.

(4) Real property originally patented by the United States or by the State of California, which original patent reserved interest to either or both of such entities, may be included in the final map without the consent of the United States or the State of California thereto or to dedications made thereon.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The fee for checking each parcel map under the provisions of this chapter shall be in accordance with the fee set forth in Butte County Code Section 3-81. The fee shall be paid to the County prior to review by the Director of Public Works.

(Ord. No. 3188, § 1(Exh. A), 3-14-95; Ord. No. 3940, § 22, 10-10-06)

After a parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map in the same manner as specified for final subdivision maps in section 20-91 of this chapter. Any amendment made shall conform to the provisions of section 20-100 of this chapter.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)