Butte County Municipal Code § 20-180 General

Footnotes:

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Editor's note— Ord. No. 4052, § 16, adopted March 12, 2013, amended the title of ch. 20, art. VIII. Former ch. 20, art. VIII pertained to reversions to acreage.

Subdivided property may be reverted to acreage either by final subdivision map or by parcel map pursuant to provisions of this chapter. Where existing lots were legally created prior to April 4, 1974, which individually do not meet the current requirements of chapter 19 of this Code, are being reverted to acreage, the advisory agency may approve such reversion provided that the acreage resulting from the reversion meets the current requirements of chapter 19 of this Code.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land as provided by this chapter and the state Subdivision Map Act. The filing of the final map or parcel map shall constitute legal merging of the separate parcels into one (1) parcel and the resubdivision of such parcel, and the real property shall thereafter be shown with the new lot or parcel boundaries on the assessment roll. Any unused fees or deposits previously made pursuant to this chapter pertaining to the property shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision. Any streets or easements to be left in effect after the resubdivision shall be adequately delineated on the map. After approval of the merger and resubdivision by the advisory agency, the map shall be delivered to the county recorder. The filing of the map shall constitute legal merger and resubdivision of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Editor's note— Ord. No. 3877, § 3, adopted April 13, 2005, repealed § 20-108.2 pertaining to contiguous parcels. Former § 20-180.2 was derived from Ord. No. 3188, § 1(Exh. A), Ord. No. 3273, § 9, and Ord. No. 3584, § 1, 2-22-2000.

(a) Merger. Pursuant to Government Code Section 66499.20 ¾ and 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 into 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 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) Compliance with Zoning Ordinance.

(1) Mergers of lots or 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; provided, however, that if a lot or parcel has existing access which the merger does not affect, the access requirements 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 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, improve health or safety conditions, or improve the design of the existing affected lots or parcels without altering the existing land uses thereon.

(f) 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 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 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 entitlements on the resulting merged lot or parcel will be approved by the County of Butte.

(g) 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.

(h) 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.

(i) 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.

(j) 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.

(l) Compliance with Approved Access Requirements. 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.

(Ord. 3835, § 3, 9-24-02; Ord. No. 3877, § 4, 4-13-04; Ord. No. 4052, § 17, 3-12-13; Ord. No. 4255, § 7, 11-12-24)

Editor's note— Ord. No. 4052, § 17, adopted March 12, 2013, amended the title of § 20-180.3. Former § 20-180.3 pertained to merger of existing adjoining lots into a single lot or parcel of real property.

Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The petition shall be filed with the director of development services.

The petition shall conform to the rules of the advisory agency as to form and content. The rules shall require the following to be included in the petition, as a minimum:

(1) Evidence of title to the real property; and

(2) Evidence of the consent of all of the owners of an interest in the property; or

(3) Evidence that none of the improvements required to be made have been made within two (2) years from the date of the final subdivision map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

(4) Evidence that no lots shown on the final subdivision map or parcel map have been sold within five (5) years from the date such final subdivision map or parcel map was filed for record;

(5) A final subdivision map in the form prescribed by Government Code section 66443 which delineates dedications which will not be vacated and any dedication required as a condition to reversion.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The petitioner shall pay a fee as set forth by the board of supervisors. Such fee shall be paid at the time of filing the petition.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The board of supervisors at the request of any person or on its own motion may by resolution initiate proceedings to revert property to acreage.

(1) The board of supervisors shall direct the director of development services to obtain the information required by section 20-183 above and present the matter for approval as prescribed herein.

(2) When the proceedings are initiated pursuant to this section, the person or persons who requested the board of supervisors to initiate the proceedings shall pay a fee as set forth by resolution.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The director of development services shall prepare and present a staff report to the advisory agency.

The advisory agency shall conduct a hearing and shall review the petition with the petitioner and director of development services and shall ensure that the petition complies with the requirements of this chapter. The advisory agency shall forward its report to the board of supervisors.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

A public hearing shall be held before the board of supervisors on all reversions to acreage by final subdivision map.

(1) Notice of the public hearing shall be given as provided in section 66451.3 of the Government Code.

(2) The board of supervisors may approve a reversion to acreage only if it finds and records in writing that:

a. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

b. Either:

1. All owners of an interest in the real property within the subdivision have consented to reversion; or

2. None of the improvements required to be made have been made within two (2) years from the date the final subdivision or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

3. No lots shown on the final subdivision or parcel map have been sold within five (5) years from the date such map was filed for record.

(3) The board of supervisors may require as conditions of the reversion:

a. That owners dedicate or offer to dedicate streets or easements;

b. That the county retain all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the provisions of this article.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Except as provided in section 20-187 upon filing of the final map for reversion to acreage with the county recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the director of public works pursuant to section 66499.7 of the Government Code.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

After the hearing before the board of supervisors and approval of the reversion to acreage, the final subdivision map shall be delivered to the county recorder.

Reversions to acreage shall be effective upon the final subdivision map being filed for record with the county recorder. Upon filing, all dedications and offers of dedication not shown on the final subdivision map for reversion shall be of no further force and effect.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Proceedings to revert property previously subdivided, which consisted of four (4) or fewer contiguous parcels under the same ownership, may be initiated by petition of the owners of the property.

The petition shall be filed with the director of development services.

The petition shall conform to the rules of the advisory agency as to form and content. The rules shall require the following to be included in the petition as a minimum:

(1) Evidence of ownership;

(2) Evidence of nonuse or lack of necessity of any streets or easements to be vacated or abandoned;

(3) A parcel map in a form prescribed by section 66444 of the Government Code which delineates any streets or easements which are to be left in effect. In addition the parcel map shall contain a certificate thereon signed and acknowledged by all parties having any record title interest in the property that the parties consent to the preparation and recordation of the parcel map in accordance with section 66436 of the Government Code.

(Ord. No. 3850, § 10, 4-22-03: Ord. No. 3188, § 1(Exh. A), 3-14-95)

The petitioners shall pay a fee as set forth by the time of filing a petition.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The director of development services shall prepare and present a staff report to the advisory agency.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

A public hearing shall be held before the advisory agency on all reversions to acreage by parcel map. The advisory agency shall approve the petition if it is satisfied that the best interest of the County of Butte are served by the reversion.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

A certificate of ownership must be made a part of the final map. Ownership must be verified by the title company responsible.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The approved parcel map shall be delivered by the director of public works for recording to the county recorder.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The recording of the parcel map shall constitute a legal reversion to acreage of the land, abandonment of all streets and easements not shown on the parcel map, and a merger of the separate parcels into one parcel which shall be shown as such on the assessment roll.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)