Sutter County Municipal Code § 1400-800 Modification (exceptions)

Whenever the land involved in any subdivision is of such size or shape or is subject to such title limitations of record or is affected by such topographical location or conditions or is to be devoted to such use that it is impossible, impractical, or undesirable in a particular case for the subdivider fully to conform to the regulations contained in this Chapter, the Planning Commission may permit modification thereof as may be reasonably necessary if such modifications are in conformity with the spirit and purpose of the Subdivision Map Act and of this Chapter. Application for any such modifications shall be made by a petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with or after the acceptance of the tentative map of the subdivision. In order for the property referred to in the petition to come within the provisions of this section, the Planning Commission shall make one of the following findings:

(a) There are exceptional or extraordinary circumstances or conditions applicable to the property such as topography, fixed rights-of-way, unique location of easements, etc.; or

(b) Because of the unique nature of a particular subdivision concept, design innovations are proposed which meet the functional standards of the zoning and subdivision regulations without strict adherence to the requirements of this Chapter; or

(c) That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner; or

(d) That the granting of the modification will not be detrimental to the public welfare or safety, or injurious to other property in the territory in which said property is situated.

(Ord. No. 1650, § 7, 5-22-2018)

Each proposed modification shall be referred to the officer of the department under whose jurisdiction the regulation comes and such officer or department shall transmit to the Planning Commission his or its written recommendation, which recommendations shall be reviewed prior to the recommending of any modification.

In approving or conditionally approving such exception or modification, the Planning Commission shall secure substantially the objectives of the regulations to which the modifications are granted, as to light, air and public health, safety, convenience and general welfare.

In the case of condominium subdivisions and community apartment subdivisions, as defined by the Subdivision Map Act of the State of California, and cluster type subdivisions, the Planning Commission may approve or conditionally approve such subdivisions providing that the following findings are made:

(a) Adequate light and air space, vehicular and pedestrian access, utilities, including but not limited to water, sewer, electrical power, gas and storm drainage; public services, such as fire protection, police protection, and solid waste disposal; landscaping and such other factors as the County may deem appropriate, be provided to insure the development of improvements necessary to protect the health, safety, and welfare of the citizens of Sutter County.

(b) That a legal entity pursuant to the laws of the State of California will be established for the control and maintenance of all land and improvements to be held in common. Such legal entity shall possess the authority to make sufficient assessment and be responsible for the maintenance of all facilities and shall be self-sustaining.

(c) That the granting of approval or conditional approval of such subdivision shall not be detrimental to the public welfare or injurious to other property in the territory in which such property is situated.

(d) The proposed subdivision is consistent with the policies and programs of the Sutter County General Plan.

After a final map or parcel map is filed in the office of the county recorder, such a recorded final map may be modified by a Certificate of Correction or an Amending Map pursuant to the provisions of Section 66472.1 of the Government Code. Any such modification shall be set for public hearing as provided for in such section. Applications for such Certificates of Correction or Amending Maps shall be submitted to the Clerk of the Board of Supervisors. Such application shall identify the proposed modification and the change of circumstances which justify such modification and shall be accompanied by a fee as may be required by resolution of the Board of Supervisors.

([1334] Ord. 1583, Sec. 1; March 12, 2013)

(a) Notice of Appeal. Any interested person adversely affected by an action of the Planning Commission, the Development Services Department Director, or the Public Works Director on any matter pertaining to this Chapter, may file an appeal with the Board of Supervisors by filing a notice thereof in writing with the Clerk of the Board of Supervisors within ten days after such decision is made. A person includes, but is not limited to, a county officer, as defined by California Government Code section 24000. If the tenth day falls on a Saturday or Sunday, then Saturday and Sunday will be considered holidays and the appeal may be filed on the immediately following business day. Such notice of appeal shall set forth in detail the action and grounds upon which said person deems himself aggrieved and shall be accompanied by a fee as required by resolution of the Board of Supervisors.

In exception to the above, an appeal to the Board of Supervisors of the denial of the extension of a tentative map by the Planning Commission may be filed in the manner as prescribed above within 15 days of the Planning Commission's action to deny the extension.

(b) Report of the County Clerk to the Development Services Department Director. The Clerk of the Board of Supervisors shall report the filing of an appeal to the Development Services Department Director. The Development Services Department Director shall prepare a written report to the Board of Supervisors on the decision, determination, or requirement being appealed, and shall provide said report to the Board of Supervisors and the aggrieved party at least three days prior to the hearing.

(c) Action on Appeal. Upon receipt of an appeal, the Board of Supervisors shall set the matter for a public hearing de novo on the appealed action and the entire application or proceeding that contains the appealed action. At the public hearing, the Board of Supervisors shall consider the record and any additional evidence offered. The Board of Supervisors may confirm, modify, or reverse the action appealed and any other action or issue involved in the application or proceeding as it deems appropriate including but not limited to the issuance of a permit. Such action shall be final. Such hearing shall be held within 60 days after the date that the Board of Supervisors received the appeal. The hearing may be continued by the Board of Supervisors for up to an additional 60 days. Upon conclusion of the hearing, the Board of Supervisors shall within ten days, declare its findings.

(d) Notice Requirements. The Clerk of the Board of Supervisors shall provide notice to all owners' of property within 400 feet of the property on which the appeal is filed and shall publish a notice in a paper of general circulation. Mailing and publication of the notice shall be at least ten days prior to the hearing date.

([1334, 1380, 1404] Ord. 1583, Sec. 1; March 12, 2013; [1583] Ord. 1584, Sec. 3, May 28, 2013)

No building permit, except for not more than three model homes, shall be issued for the construction of any building, structure, or other work on any parcel proposed to be created until a parcel map or final map has been approved and recorded in accordance with the provisions of this Chapter and of Title 7, Division 2, Chapter 3, Article 6, beginning at Section 66464 of the Government Code of the State of California and recorded in the office of the County Recorder.

([1334] Ord. 1583, Sec. 1; March 12, 2013)

(a) Application Requirements. Any owner of real property, or a vendee pursuant to a sale, may file an application for a certificate of compliance. The application shall be made to the Development Services Department 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 legible map drawn in ink or a clear "blue-line" print. The map shall show the subject property with dimensions, the scale of the map, the gross and net area, access to the property, nearby or adjacent street or road names and right-of-way locations. If the map exceeds 11 inches by 17 inches in size, an eight and one-half inches by 11 inches reduction shall also be required;

(3) A legible copy of the current owner's grant deed or a contract of sale showing fee ownership or sale of the subject property;

(4) Legible copies of all deeds affecting the property beginning with the deed that describes the property prior to its current configuration to the present unless the parcel was created through a recorded final map, parcel map or official map or unless waived by the Department. A typed copy of all handwritten deeds shall be prepared by the applicant along with copies of all handwritten deeds and copies of earlier deeds in the chain of title or deeds describing adjacent properties shall be submitted by the applicant if requested by the Development Services Department, and

(5) A preliminary title report prepared within the last six months or other documents showing past title, financing or leasing of the subject property if required by the Department.

(b) Review and Approval. Upon receipt of a complete application, the Department shall make one of the following determinations:

(1) The parcel was created in conformance with the Subdivision Map Act and the Sutter County Subdivision Ordinance.

(2) The parcel was not created in conformance with the Subdivision Map Act and the Sutter County Subdivision Ordinance.

If the Department determines that the parcel was created in conformance with the Subdivision Map Act and the Sutter County Subdivision Ordinance, it shall issue a certificate of compliance.

If the Department determines that the parcel was not created in conformance with the Subdivision Map Act and the Sutter County Subdivision Ordinance, it shall issue a conditional certificate of compliance. The Department may impose any conditions that would have been applicable to the division of the property at the time the applicant acquired his or her interest therein. Where the applicant was the owner of record at the time of the initial violation of the provisions of the Subdivision Map Act or the Sutter County Subdivision Ordinance and who created a parcel or parcels in violation of the Subdivision Map Act or the Sutter County Subdivision Ordinance and is the current owner of record of one or more of the parcels that were created, the Department may impose any conditions which would be applicable to a current division of the property.

(c) Notice of Determination to Applicant. Upon making a determination as required in section b above, the Department shall notify the applicant of its decision.

(d) Notice of Appeal. Any property owner disagreeing with a decision of the Department on a certificate of compliance may file an appeal with the Board of Supervisors by filing a notice thereof in writing with the County Clerk within ten days after such decision is issued. If the tenth day falls on a Saturday or Sunday, then Saturday and Sunday will be considered holidays and the appeal may be filed on the immediately following business day. The notice of appeal shall set forth in detail grounds of the appeal. The notice shall be accompanied by a fee as required by resolution of the Board of Supervisors.

(e) Report of the County Clerk to the Development Services Department. The County Clerk shall report the filing of the appeal to the Development Services Department within two working days of receipt of the appeal. Within 30 60 days of receipt of an appeal from the County Clerk, the Department shall prepare a written report to the Board of Supervisors on the determination or requirement being appealed, and shall provide the report to the Board of Supervisors and the aggrieved party at least three days prior to the hearing.

(f) Action on Appeal. The Board of Supervisors shall set the matter for hearing within 60 days of the date that the Board receives the appeal. The hearing may be continued by the Board of Supervisors for a period not to exceed 60 days. Upon conclusion of the hearing, the Board of Supervisors shall declare its findings based upon the evidence received.

The Board of Supervisors may approve, disapprove, or modify the decision or determination of any matter appealed. The Board may enter any such orders as are in harmony with the spirit and purposes of this Chapter.

(g) Recordation of Approved Certificate. Upon the approval of a certificate of compliance or conditional certificate of compliance, the Department shall record the approved certificate.

([1334, 1404] Ord. 1583, Sec. 1; March 12, 2013; [1583] Ord. 1584, Sec. 4, May 28, 2013)

(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)

(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)

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.

Any person, firm, corporation, partnership, or co-partnership that willfully violates any of the provisions or fails to comply with any of the mandatory requirements of this Chapter is guilty of a misdemeanor or infraction, except that nothing contained in this ordinance shall be deemed to bar any legal or equitable remedy to which the County of Sutter or any other person, firm, corporation, partnership, or governmental entity may have to restrain or enjoin any attempted or proposed subdivision or sale in violation of this Chapter.

The Development Services Director shall be responsible for the enforcement of this Chapter.

(Ord. No. 1650, § 8, 5-22-2018)