HomeMy WebLinkAbout64-153 RESOLUTION 1OF1i,S t J: ,.%`�`1Lr , � tib• � •.w r • ,.� I � .. t .
� i���• + /:� ' ` ,.� '�' :. 11 L r � ', . �; ,. ,
of •`' /�� / Zl.r."� N6�'�"
� �
I's'
.x
r.+" b".r 'I;�V ''�'{''(: V .' �C .' 7L J I� I �i ""'. �!'" .M.w M��'� V %✓4.l'�C{�""�' � �Y>.�r� !�/ ��G (� 4 [a %') y`/.
Pc, A5 c-
t
I
(0 7.
G
s�J ti�, �'r2 i.',�I:.�.'C�r" fJ4R� e' t 'fir rir,`7 �, 7✓'7 a '-, e- (PL -up
fi •%..7(`r.t CL. � QiYi;d �`7'i, �"'�'V�.'
r ,
1
1
2
31
RRISOLUTI IJ NO 64- 1`
M -SOLUTION, ESTABLISHING POOL CYi CE THE. COUNTY OF
WTTL RE DIRE, SUBDIVISION GI' IAIM IN tUM—AS CP
5 7HM1= 5, it has been brought to the attention of the
6
Boare- of S pervisors of the Coua��r of Butte that a potentially
7ff dangerous situation is frequently create by allowing subdivision
E
81 of residential land with inadequate access it areas of high
9 rotential fire ha--ard-1 and
10 TMER"EA9, the Board of Supervisors cif the County of Butte
11 is cognizant of its responsibility to exercise its authority to
I
1 insure the health, safety and general fr-elfare of the citizens
13 of the Ccur_ty of Butte, 7� r� Q{�
ij i y; T�H vim, 0.RZ BM I £wSG �Y, .a s BY W BO�-RD OF ✓V P-ii�Y- LSGRS
15 Lt;` jj.i COUNTYOF BUTTE, STAT -4 O `i AT-j-FiE`�3.` IA, AS OL1s1Jz' S:
16 That the Planning Commission of the County of Butte,
17 as advisory agency to the Beard of Supervisors of the County of
18 Butte,. in matters perta-.n ng to the zoning and planning, give
19 serious consideration to the danger to persons or property of
20 the citizens of Butte County, created by the subdivision of
21� prcperty throughout the County; and
22That the Planning Commission make specific reccmmendations
23.F regarding requirement3 for adequate access and other safety
j
241 measures frhich may be reascz- ably required of subdividers to
25 insure the health, safety and general welfare of the citizens
26 c;f Butte County in ureas of potential fire hazard
27' : SSy AME ADOMD by the BCR Cp SUPERVISORS cf the
28 14 County of Butte, State of California, this day cf
291 december, 1964, by the following vote:
C
30'
31
TO: MEMBERS OF THE BUTTE COUNTY BOARD OF SUPERVISORS
FROM: COUNTY COUNSEL
RE: SUBDIVISION M&PS
The question has arisen as to the applicability of the
Subdivision Map Act and Buttes County ordinances, to the filing.
and approval; of subdivision maps.
The leading case of Relber vs. City of Upland, 155 OA 2d,
631, contains a clear and conies? statement pertaining to the
applicability of local ordinances to the Subdivision Map Act
'" (1)' The. Subdivision Map Act permits the adoption of
local ordinances as defined in the act and is_ has accord-
ingly been held that such local ordinances may be adopted
when they are supplemental to the act and are not in conflict
there7iith, and provided that they bear_ a reasonable relation
to the purposes and requirements of the act. (Clemons v.
City of Los Angeles, 36 Cal. 2d 95 (222 P. 2d 439); McCarthy
V. City of Manhattan Beach, 41 Cal. 2d 879 (264 P. 2d 932);
Ayres v. City Council of Los Angeles, 34 Cal. 2d 31 (207 P. 2d
1,11 A.L.R.. 2d 503) In the Ayres case in considering certain
conditions requiring the dedication of small areas for street
purposes, after pointing out that there was no specific
limitation in the Subdivision Map Act forbidding these
particular conditions, the court said: ". . . it is proper
to conclude that conditions are lawful which are not in-
consistent with the map.act and the ordinances and are
reasonably required by the subdivision type and use as
related to the character oflocaland neighborhood planning
and traffic conditions."'
The question here is whether the ordinance amendments
in question are of that nature, and whether they bear such.
a reasonable relation to the requirements of the act that
they may properly be added as a condition precedent to the
approval of such a map.. In other words, the question is
whether these provisions merely supplement the requirements
of the statute in a reasonable way, or whether they materi-
ally change the requirements necessary for the approval of
a map as fixed by the Legislature..
(2) While the act specifically and impliedly permits'
the adoption of some local ordinances, relating to design
and improvement, this is not an :unlimited permission but is
restricted to such local ordinances as come within the.
limitationscontainedin the act. Section 11611 of the act
provides that the governing body shall approve the map -if
it conforms to all the requirements of this chapter and of
any "local ordinance" which is applicable.. Section 11306
provides that the words "local ordinance" refer to ar ord-
inance regulating the design and improvement of subdivisions
insofar as such regulations are consistent with and not in
conflict with the provisions of the act. Section 11510
specifically states; that the word "design" refers to grades,
t %ERO # %ERO .�
�X['AOy CORY' - COPY �'¢
alignment and widths of streets and of easements and rights
of way for drainage and sanitary sewers, and to: minimum lot
area and width. Section 11511 provides that the word "improve-
ment" refers only to such street work and utilities, to be
installed on the land to be used for public or private streets,
highways, ways and easements, "as are necessary for the gene-ral
use of the lot owners in the subdivision and local neighborhood
traffic and dra nagA needs as a. condition precedent toan
approval and acceptance of the final map." Section 11525 pro-
vides that the control of the design and improvement of
subdivisions is vested' in the governing bodies of cities
subject however to review as to its reasonableness by the
superior court. It further provides that every city shall
adopt an ordinance regulating and contra lling the design and.
improvement of subdivisions. This is the only provision in
this chapter requiring the enactment of a local ordinance..
Section 11526 provides in part that the design and: improvement
of subdivisions, the content of final maps and the procedure to
be followed in securing official approval are governed by the
provisions of this chapter and by the additional provisions of
local ordinances dealing with subdivisions, "the enactment of
which is required by this chapter." Section 11551 provides
that the subdivider shall comply with the provisions of a
local ordinance if there is one before the map may be approved,
and that where there is no local ordinance the governing body
may, as a condition precedent to the approval of the map,
"require streets and drainage ways properly located and of
adequF width, but may make no other requirements." Section
11529 provides that the city engineer shall make the necessary
detailed examination of final maps to enable him to make the
certificate required by the statute, and that local ordinances
may provide a proper and reasonable fee for such examination to
be collected from the subdivider.
All of the references to local ordinances in the Sub-
division Map Act relate to a local ordinance as defined in
the statute, and to the design and improveaent of subdivisions
which are also defined in the statute. (3) An intent rather
clearly appears to limit, by these definitions, the authority
of such a city to adopt local ordinances regulating subdivisions.
Moreover, the only other provision in .the act as to what a
local ordinance may contain, which is also the only provision
in the act permitting the imposition of a fee, is that in
Section. 1152¢ permitting a provision for a fee for the work
of the city engineer.
(5) The uurpose and intent of the Subdivision Map Act
is to provide for the regulation and control of the design and
improvement of a subdivision with a proper consideration of
its: relation to adjoining areas., and not to provide fends for
the benefit of anentire cit; The authority to adopt local
ordinances containing requirements supplementary to the Map
Act is limited by the terms of the statute."
TENTATIVE MAPS
Chapter 20 of the Butte County Code, titled "Subdivisions",
according to Section: 20-2 was enacted for the purpose of adopting
subdivision regulations in accordance with the Subdivision Map Act
-2-
�-- -
I XERO:
�r�ieyk COPY" XERO?- !. xrnocopy.
k
of the State. The Planning Commission was designated as the advisory
agency, with respect to subdivisions (20-3),.
Article ll, of Chapter 20 of the Butte County Code rovides
the tentative map procedure. This article, in Sections 2U-' throug'--,
20-19provides that tentative maps shall be filed with the County
Engineer at least fifteen (15) dads prior to the regular meeting of
the Planning Commission (20-7) within five (5) days after filing the
tentative map the County Engineer shad. check the map and statements
attached thereto for compliance z:it=h provisions of the Butte County
Code regarding road alignment, grades, drainage and improvements,
and deliver a copy of 'chs map to the agent of the Planning Commission
and to each county, city or state official entitled under state law to
review the; tentative map.(Section 20-8).
Not less than eight (8) days prior to the next meeting of the
Planning Commission, the .map is reviewed by the subdivision committee_.
(Section 20-10) At the next regular meeting of the Planning Commission,,
the map i5 considered (Section 20-11)_ The Planning Commission shall
determine whether the tentative map is in accordance with the provis-
ions of the state law and the county code, and within thirty (30) days
of the date of filing, approve, conditionally approve, or disapprove
the map., unless by agree=ment with the subdivider the time is extended..
The subdivider =may appeal the action of the commission to the Board of
Supervisors (Section 20-12).
At the next regular meeting of the Board of Supervisors, the
County Engineer shall present copies of the tentative maps together
with a statement indicating the conditions under which the map was
approved, the changes which will make the map acceptable, or the
reasons for its disapproval (Section 20-13). When the County Engineer
is satisfied that the tentative map is in form satisfactory to the
Board of Supervisors, the Planning; Commission and himself, he shall
return one print to the subdivider with any statements or instructions
concerning the preparation of the final map which have been approved
by the Board of Supervisors or the Planning Commission (Section 20-15).
_3-
XERO ; XEROX 1 XF.RO
. ,taY g cot ,Y . COPY d ncarY
Neither Section 20-13 nor 20`-1& require affirmative action by the
Board of Supervisors. It may be inferred from these sections that
the County Engineer is authorized to report directly to the subdivider.
Section 11552 of the Business and Professions Code of the State
of California provides that if there is an.advisory agency, it shall
report on the map or maps of any subdivision submitted to it within
forty (40) days after the tentative map has been filed. The section
further provides that the governing body may authorize the advisory
agency to report its action directly to the subdivider. That if the
governing body does not so authorize the advisory agency to make its
report to the governing body, which body shall act upon the report
within ten (10) days., or at its next succeeding regular meeting after
receiving the report. Section_ 11553 of the Business and Professions
Code provides if no action is taken within the time specified, the
tentative map, as filed, shall be deemed to be approved, and it shall
be the duty of the clerk of the governing body to certify the approval.
The time limits provided for in the Butte County Code appear to
be in 'conflict with those limitations established by the paramount
j authority by the, Subdivision Map Act and should be amended and revised
j so as to conform.
FINAL MAPS
Section 20-17 of the Butte County Code provides that the sub
I' divider shall not proceed with construction of any improvements or
preparation of final map until the tentative map has been approved
in writing by the Planning Commission or he has received written notice
from the. County Engineer. Section 20-18provides that within one year
after approval or conditional approval of the tentative map, a sub-
divider shall cause the subdivision or any part thereof to be surveyed
and a final map or record survey map to be prepared in accordance with
the tentative map, including any and all changes required' by the
Planning Commission. Section 20-19 provides that if the tentative �
-4-
i
YfROi - - XEROX X£RO. XERO
...Y COPY ` +COPY r4P .-.-5..
map is not recorded within one.year, all previous proceedings
terminate
Article III of Chapter 20 of the Butte County Code provides
for the final map procedure. Three (3) prints of the final or record.
of survey map shall be filed with the County Engineer (Section 20-21)
The County Engineer shall examine and check the final map and be
prepared to sign it within a reasonable period not to exceed thirty
(30)days after its receipt (Section 20-22). When the County Engineer
is satisfied the map is technically correct and in accordance with the
tentative map and complies with the state law and county ordinances,
he shall certify the map, but not until he has secureda certificate
from the Planning Commission that the map confnrms substantially with
the approved tentative map (Section 20-23).
After the map has been 'checked by the County Engineer, the
subdivider shall make necessary corrections as directed, have sig-
natures arfi.xed to required certificates, obtain necessary security
or guarantees as, required by the Board of Supervisors, file the tax
ce-tifica-te signed by the Assessor, and at least ten (10) days prior
to the next meeting of the Board of Supervisors, fi e with the County
Engineer the final tracing, together with -three (3) prints and necessary
securities and bonds (Section. 20-24).
The County Engineer shall file the map with the County Clerk
for action by the Board of Supervisors (Section 20-25). The Board of
Supervisors shall, at its next meting, or within a period of not more
than ten (10)' days after such filing, approve such map if it complies
with the provisions' of the state law, the co'_:a-ity ordinances and any
ether rulings made thereunder (Section 20-26)
Section 11610 of the Business and Professions Code provides
that when all certificates which appear on the final map (except Lhe
approval certificate of the governing body) have been signed and
where necessary, acknowledged, the final map -tea,--y be filed for approval.
-5-
x� e R y ,
Copy
m%EPO
Section 11611 of the Business and Professions Code provides
that the governing body shall, at its next meeting, or within a period
of not more than ten (10) days after the filing, approve the map, LE it
conforms toallthe requirements of the code and of any local ordinances
applicable at the time of approval of the tentative map, or any rulings
made thereunder. The section further provides that. the time limit for
approval ofsuchmap may be extended by mutual consent of the subdivider
and, the governing body, but if no action.is taken within such time limit,
or within the time to w=iich it has been extended by mutual consent, the
map, if it conforms to all.of the requirements as stated above, shall be
deemed to be approved, and it, shall be the duty of the clerk of the
governing body thereupon to certify the approval.
Article 'VII of the Subdivision Map Act, starting with. Section
11585,: provides for certificates and acknowledgments on final maps..
Section 11593 requires a certificate by the County Engineer a which
he shall state that he has examined the map, that the subdivision as.
shown is substantially Chia same as it appeared on the tentative map
and; any approved alterations thereof, that all provisions of the code
and local ordinances applicable at the time of approval of tl tent-
ative map have been complied with and that he is satisfied that the
map is technically correct. The County Engineer shall Cnmplete
and file with his governing body his certificate within twenty (_20)
days from the time said final map is submitted to him: by the subdivider
C
or his approval.
To this point, the only apparent discrepancy between the
Subdivision Map Act and the Butte County Code is the additional ten
(10) days allowed the County Engineer to complete the certification
under Section 20-22 of the Butte County Code_ This section should be
amended so as to conform with the Nap Act.
Section 20--23 of the Butte County Code also prohibits the
County Engineer from making his certification until he has received
M
_•- XEF7QT tl XCRO, ^ t ryPY
YF IJO' COF-Y COPY
a certificate from the Planning Commission. The requirement for
this certificate is not provided for in the Subdivision Map Act, and
should probably be eliminated from the Butte County Code:.
Article VII of the Subdivision:. Map Act also provides for
certificates of consent by all parties having record title interest
(Section 115$9), certificates on dedication signed and acknowledged
by those parties having any record title interests in the land sub-
divided (11590), a certificate by the clerk of each approving
governing body (11591), a certificate by the engineer or surveyor
responsible for the survey and final map (11592), and the certificate
of the ccunty surveyor or engineer (11593).
The Butte County Code, in Article V, of Chapter 20, titled
"Final, Map Requirements", lists the certificates required on final
:maps as follows,
1. A certificate of the licensed land surveyor, or civil
engineer zYho prepared the final map,
2. A certificate of the owner consenting to the subdivision;
3 _ Certificate of the offering to dedicate streets for
clerk's certificate indicating official approval of map;
A., Certificate of County Planning Commission, indicating
approval of subdivision design;
5. Certificate of County Auditor showing there are no tax
liens;
6. Certificate of the Auditor giving an estimate of taxes
which are a lien_
Article VIII of the Subdivision Nap Act, beginning with
Section 11600 provides for the certificates of the County Auditor.
As previously indicated, nowhere in the Subdivision Map Act is.
there a provision for a certificate by the Planning Commission or by the
.Director of Planning, although the: County is authorized to enact ordi-
nances relating to design and improyP,lent, but it is doubtful that
the County could, as a condi tion precedent to the approval of 'a final
-7-
k�-A(7 a XFRQ S XERO
COPY 'COPY : xFi!:O .
maps require the additional. burden on the subdivider to obtain
approval from the planning Commission of the final map. The Butte
County Code should probably be amended to correct this discre
' P y
ADDITIONAL LEGAL AUTHORITIES anc
"II7e design improvement and survey data of subdivisions and
related matters are governed b the act and local aT ordinances,. however,
L the permission for adoption of local ordinances relating
improvement is not limited t o design and
,' but is mrestricted to such local ordinances
as come X -4 -thin the limitations contained in the act, The lo
ordinances that may be adopted are. those that are supplemental to the.
act and not in conflict with it,, and that bear a reasonable relation
to its Purposes and requirements.', (42 Cal Jur 2d, Sec. 76)
"Mandamus lies to compel the county surveyor to approve a
final subdivision map, where petitioner has: complied with all require-
ments and there is no room for exercise of any discretion by the
surveyor." (Shorp v. Barkley 108 CA2d,, 87:)
"Since the state law covers the whole subject of a regulation
of subdivision, except for matters relating, to design and improvement,
those being expressly delegated to cities and counties, and 'specifically
directs that local ordinances might
igh� provide a proper and reasonable fee
for each subdivider for the County Surveyor or City Engineers examination
i n
of maps involved', a city ordinance attempting to impose a regulation,
unrelated to design and improvement, as asere .
P qusite to filing ofra
map conflicts with the whole plan of the; Subdivision -Map Ac.tr". (Newport
Building Corporation v. City of Santa Ana, 210 CA 2d, 771)
XERO
. - - r• - - copy