1400-940 - LOT LINE ADJUSTMENTS

(a)

Application Requirements. Any owner or owners of real property may file an application for a lot line adjustment. The application shall be made to the Development Services Department on a form prepared by said Department and shall be accompanied by the following:

(1)

A fee as required by resolution of the Board of Supervisors;

(2)

Three copies of a legible map drawn in ink or a "blue-line" print. The map shall show the subject property as it currently exists and as it would exist after the lot line adjustment, the scale of the map, the gross and net area, access to the property and nearby or adjacent streets or roads name and right-of-way location. The map shall also show the location and use of all improvements and structures on the property, the distance from the improvements and structures to the proposed parcel boundaries, the distance between structures, and all existing utilities and easements;

(3)

A copy of the current descriptions of the subject properties;

(4)

A copy of the description of the proposed parcels as they would exist after the lot line adjustment. The descriptions shall be prepared, signed and sealed by a licensed land surveyor or other person licensed to prepare said descriptions unless the descriptions are from existing or previously recorded documents;

(5)

All applications for a lot line adjustment requesting more parcels than shown in the deed descriptions shall provide sufficient legible documentation in the form of recorded maps, deeds, land patents, or other documents to determine the number of parcels involved in the application; and

(6)

A title report prepared within the last six months if required by the Development Services Department.

(b)

Review and Approval. Upon receipt of a complete application, the Development Services Department shall review the documentation and determine if the parcels conform to this section, if the descriptions

accurately reflect the proposed adjustment, and if the adjustment complies with Chapter 1300 and Chapter 1500 of the Sutter County Ordinance Code, and the California Subdivision Map Act.

Upon review of the documentation and determination that the adjustment conforms to this section and to Chapters 1300 and 1500 of the Sutter County Ordinance Code and the General Plan, the Development Services Department shall refer the adjustment to the Environmental Health Division Manager and the Public Works Director or their authorized representative for their review and approval or denial. Upon receipt back from the Environmental Health Division Manager and the Director of Public Works, the Development Services Director or his or her authorized representative shall approve or deny the lot line adjustment.

(c)

Criteria for Review and Conditions of Application. The review of the lot line adjustment shall be limited to a determination of whether or not the parcels resulting from the lot line adjustment conform to the Sutter County zoning and building ordinances, and the General Plan. The lot line adjustment may be conditioned to require changes necessary to comply with the building and zoning ordinances, and the General Plan, to facilitate the relocation of existing utilities, infrastructure, or easements, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or the recordation of a Record of Survey if required pursuant to Section 8762 of the Business and Profession Code.

Additionally, any parcels which are reconfigured through lot line adjustment which have an existing deed of trust shall have that deed of trust amended to reflect the change in the property's configuration.

(d)

Recordation and Expiration of Application. The lot line adjustment shall be reflected in a deed, which shall be recorded within two years of its approval, otherwise, the approval of the lot line adjustment shall be null and void. The recorded deed shall specifically reference the application number of the lot line adjustment.

(e)

Extension of Lot Line Adjustment. Prior to the expiration of a lot line adjustment, any property owner(s) may file a written request with the Development Services Department for an extension of the lot line adjustment. Such request for extension shall be accompanied by a fee as required by resolution of the Board of Supervisors and shall be signed by all the current owners of the subject property. The Development Services Department shall extend the lot line adjustment for a period of two years if it complies with the Sutter County Building and Zoning Ordinances and other requirements of this section in effect at the time of the filing of the request for the extension, or, upon failure to comply with said ordinances or requirements, the Development Services Department shall deny the request for extension. Only one extension for a period of two years may be granted.

([1334, 1553, 1583] Ord. 1584, Sec. 4, May 28, 2013)

1400-945 - VOLUNTARY MERGER OF PARCELS

(a)

Application Requirements. Any property owner(s) may file an application for the merger of two or more contiguous parcels with the Development Services Department. The application shall be on a form prepared by the Department and shall be accompanied by the following:

(1)

A fee as required by resolution of the Board of Supervisors;

(2)

A Certificate of Merger signed and notarized by all parties having a record title interest in the subject property consenting to the merger;

(3)

A legible map drawn in ink or a "blue-line" print or, upon prior approval of the Development Services Department, an Assessor's Parcel map showing the parcels to be merged. The map shall show the subject property as it currently exists and as it would exist after the merger. If required by the Development Services Department the map shall show its scale, the gross and net area of the merged parcels, access to the property and nearby or adjacent streets, or roads name and right-of-way location, the location and use of all improvements and structures on the property, the distance from the improvements and structures to the proposed parcel boundaries, the distance between structures, and all existing utilities and easements;

(4)

A clear copy of the current descriptions of the subject properties;

(5)

A copy of the most recent recorded deed of the property showing the current ownership of the subject property;

(6)

A description of the proposed merged parcel as it would exist after the merger. The description shall be prepared, signed and sealed by a licensed land surveyor or other person licensed to prepare said descriptions unless the descriptions are from previously recorded documents;

(7)

A title report prepared within the last six months if required by the Development Services Department; and

(8)

Such additional information and/or documents as may be determined to be necessary by the Development Services Department in order to determine ownership of the subject property.

(b)

Criteria for Review. The review of the application for merger shall be limited to a determination of whether or not the parcels proposed to be merged are contiguous, the accuracy of the proposed description, and, if the subject property contains two or more residential structures except for temporary residences approved by use permit pursuant to the Sutter County Zoning Code, the density of the merged parcel is consistent with the density requirements of the Sutter County General Plan.

(c)

Review and Approval. Upon receipt of a complete application, the Development Services Department shall review the application for conformance with this section. The Development Services Department may refer the adjustment to the Public Works Director his or her authorized representative for review of the merged parcel's description.

Upon completion of review of the merger application and determination that the merger conforms to this section, the Development Services Department Director or his or her authorized representative shall approve, approve with conditions, or deny the merger and shall notify the applicant and property owner.

(d)

Recordation of Certificate of Merger. Upon approval of the merger application by the Development Services Department Director or his authorized representative, the Development Services Department shall record a Certificate of Merger reflecting the merger of the properties.

The Certificate of Merger shall include the owners consent to the merger along with the following statements:

(1)

Approval of the merger does not guarantee that the resulting parcel is developable or is considered a "lot" as defined by the Sutter County Zoning Code.

(2)

The individual parcels that have been merged are not separately available for sale, lease, or financing purposes.

(3)

The merger has not been reviewed by the Environmental Health Division of the Sutter County Development Services Department, and, therefore, approval and recordation of the merger does not guarantee that the merged parcel complies with the requirements of the Sutter County Ordinance Code for the placement of a sewage disposal system thereon.

(e)

Modification of Encumbrances. Prior to or concurrently with the recordation of the Certificate of Merger, all encumbrances, including deeds of trust, shall be modified to apply uniformly to each entire resulting merged parcel, rather than to the portions of each resulting parcel corresponding to the separate parcels prior to the merger.

(f)

Development of Parcel. Prior to the development of any parcel merged under this section, the property owner shall provide access as required by the Sutter County Zoning Code, demonstrate that a sewage system meeting the requirements of the Sutter County Ordinance Code can be located on the property, and comply with all other requirements of the Sutter County Ordinance Code for the development of property.

([1583] Ord. 1584, Secs. 3, 4, May 28, 2013; Ord. 1585, Sec. 2, May 28, 2013)

1400-950 - VALIDITY

If any section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The Board of Supervisors of the County of Sutter hereby declares that it would have passed this Chapter and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, or phrases be declared invalid or unconstitutional.