LOT LINE ADJUSTMENT APPLICATION GUIDE (BCC , ET SEQ.)

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1 Butte County Department of Development Services PERMIT CENTER 7 County Center Drive, Oroville, CA Planning Division Phone Fax dsplanning@buttecounty.net FORM NO PLG-02 LOT LINE ADJUSTMENT APPLICATION GUIDE (BCC , ET SEQ.) A Lot Line Adjustment is a procedure to modify existing boundary lines between four (4) or fewer contiguous parcels, where land is taken from a parcel and is added to an adjacent parcel, and where a greater number of parcels than what originally existed is not created. Parcels modified by a lot line adjustment process must be consistent with the Butte County General Plan and Butte County Code, including the minimum parcel size required by the zoning in which the parcels are located, as well as setback requirements. In the event that existing parcels are already non-conforming with the zoning s minimum parcel size, procedures to allow for minor adjustments have been established in BCC et seq. Parcels that are encumbered by a Land Conservation (Williamson) Act contract will have to meet additional requirements before the lot line adjustment is approved. The Butte County Administrative Procedures and Uniform Rules for Implementing the California Land Conservation (Williamson) Act, as well as State law, establishes procedures to ensure that the adjustment of parcels under contract are compatible with State and local regulations, and will not cause a material breach of the contract provisions. Because parcels subject to a lot line adjustment will ultimately have their legal descriptions modified, existing contracts will be required to be rescinded and reentered into with the new legal descriptions. Additional costs associated with amending contracts will be required before a lot line adjustment application is completed. EXCEPTIONS TO MINIMUM SETBACKS When unable to satisfy setback requirements due to a lot line adjustment, the Zoning Administrator can make exceptions in the following cases (and setback exceptions will only apply to the lot line being modified): 1. Proof that there is no logical alternative to comply with the setback. 2. The adjusted lot line shall conform as much as possible to the required setback. 3. Review of the project by the Department of Public Works and the Environmental Health Division has resulted in approval or conditional approval of the project. 4. The exception will not conflict with a recorded parcel map, or subdivision map condition, note, or Williamson Act Contract. 5. If the exception is not for a parcel being reduced below the minimum parcel size of the zone, allowing the parcel receiving additional land to be subdivided. 1 of 5

2 6. The parcel had not been subject to a prior exception. EXCEPTIONS FOR MINIMUM PARCEL SIZE If any resultant parcel from the lot line adjustment is less than the size allowed by zoning (base zone or overlay zone) the project may be approved by the Zoning Administrator under one or more of the following exceptions: 1. The lot line adjustment would reduce parcel(s) size by no more than 10 percent or 10 acres, whichever is less. 2. The lot line adjustment would reduce parcel(s) size to a degree that is consistent with an average size of parcels in the immediate vicinity that are located within the same zoning district. 3. The lot line adjustment would improve health or safety conditions; or improve the design of the existing affected lots without altering the existing land uses thereon. The Zoning Administrator will grant such an exception based on the following findings: 1. Proof that one or more of the three allowed exceptions applies. 2. The adjusted lot line complies with applicable setbacks, design standards, and other provisions set-forth under the applicable zone. 3. Review of the project by the Department of Public Works and the Environmental Health Division has resulted in approval or conditional approval of the project. 4. The exception will not conflict with any conditions established for a recorded parcel map or final map, or a Williamson Act Contract. APPLICATION SUBMITTAL REQUIREMENTS The following information is required for a complete application. The applicant should discuss the application submittal requirements with Planning Division staff prior to submittal. Additional information may be required in order to clarify, correct or supplement the information below. Please contact the Planning Division of the Department of Development Services if you have any questions about these requirements. 1. Project Information Form (DPL-1). Completed and signed. 2. Agent Authorization Form (DPL-2). If the application is signed by an agent for the property owner of record, or by an applicant other than the property owner of record, an agent authorization form must be submitted along with the application. 3. Application Filing Fees. A fee of $1, is required at the time of submittal. An additional fee of $ may be collected on behalf of the Agricultural 2 of 5

3 Commissioner s Office if the subject parcels are located on or adjacent to an Agriculture-zoned property. Please make checks payable to: Butte County. 4. Property Ownership Verification. To verify ownership of the subject property, a current Grant Deed or deed of sale of the property must be provided. A Preliminary Title Report (less than 6 months old) prepared for the current property owners may be provided in-lieu of a deed. 5. Preliminary Title Report. The Preliminary Title Report must be prepared for all properties subject to the application, and must be less than 6 months old from the date of the application submittal. 6. Parcel Creation Deed. If the subject property was historically created by a deed conveyance rather than by a recorded subdivision map, parcel map, or parcel map wavier, the County must verify whether the property was created in conformance with State and County regulations. The creation deed is the historic deed that caused the subject property to be subdivided and sold from its parent parcel. This deed may be obtained from a title company or from the County Recorder s Office. 7. Site Plan. Two copies of a site plan drawn to scale (i.e. 1 =20 ), with scale noted. All site maps shall be drawn on uniform size sheets no greater than 11 x17. The site plan shall include the following information: a. Vicinity Map. Show north arrow, the location and boundary of the project site, major cross streets and the existing street pattern in the vicinity. b. Information Table. Include the following information: i. Name of property owner(s) ii. Location of the subject property, including Assessor Parcel Numbers and site address (if assigned) iii. Name of site plan preparer and date iv. General Plan and Zoning designations v. Size of property including existing and resultant gross lot area (acres) c. Property Boundaries. Show existing and proposed property lines, and existing property line(s) to be removed. Each lot should be numbered or lettered for identification. Include property line bearings; easements with the noted size, type and sufficient recording data to identify the conveyance (book and page of official records). d. Buildings and Setbacks. Location, dimensions and use of all existing buildings and structures, including decks, carports, wells, septic systems and leach fields. Show the distance of the structures from property lines and from other structures. Indicate whether any structures are proposed to be removed. e. Traffic and Circulation. Location and dimensions for all existing access roads and driveways to the site. 3 of 5

4 f. Natural Features. Location of all natural features such as creeks, ponds, drainage swales, wetlands, adjacent riparian vegetation, etc. REVIEW FOR COMPLETENESS Once an application for a lot line adjustment has been submitted and fees collected, staff will perform an initial application review for completeness within 30 days following submittal. Should the application be found incomplete, the applicant or designated agent will be contacted and advised on what additional items must be submitted before processing can be completed. As part of the review, staff may refer the application to any public agency having an interest in the proposed project. Requests for additional information by these agencies will cause the application to be deemed incomplete. ENVIRONMENTAL REVIEW Under the California Environmental Quality Act (CEQA) lot line adjustments are found categorically exempt (Sec (a)) as a Class 5 exemption CEQA does not apply to minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use density, including lot line adjustments. DECISION/DETERMINATION The Zoning Administrator will review and approve lot line adjustment applications, if the proposals are found to be in compliance with the requirements of the County s ordinance and consistent with the General Plan. A decision by the Zoning Administrator will generally be made within 30 days following the determination of a complete application. APPEAL A decision by the Zoning Administrator may be appealed to the Planning Commission. An appeal of the Zoning Administrator s decision must be filed in writing to the Butte County Development Services Department by 5:00 pm on the tenth day following the date the decision was rendered, together with all required fees. If the tenth day falls on a weekend or a County holiday, the appeal must be filed by 5:00 pm on the next day on which the office is open for business. Once an appeal is filed, any decision on the application is suspended until the appeal is processed and a final decision is rendered by the Planning Commission. POST-APPROVAL PROCEDURES Upon approval by the Zoning Administrator, an approval letter will be sent to the applicant and agent outlining several conditions from Public Works that will need to be met before the modified parcels are finaled, and the lot line adjustment is recorded. Upon receipt of the approval letter, the applicant or agent must contact Public Works at and pay a minimum review fee of $ to initiate completion of the conditions. 4 of 5

5 APPROVAL EXPIRATION The conditions of approval for an approved lot line adjustment project must be completed within thirty-six (36) months following the date the decision is made by the Zoning Administrator or the project will expire and become void. If the application was approved together with a Parcel Map Waiver, Parcel Map or Final Map, a time extension may be granted if good cause is shown. To approve a time extension, the applicant must file a written request for an extension of time, together with any applicable fees, prior to expiration. An application for extension of time will be reviewed by the Zoning Administrator, and, if good cause is demonstrated, approval of application may be extended up to an additional six (6) years. 5 of 5