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HomeMy WebLinkAbout10131 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 z~ 24 25 26 27 28 29 30 31 32 ORDINANCE NO.I~~3 AN ORDINANCE AMENDING SECTION 20 23 OF THE CODE OF BUTTE COUNTY, CALIFORNIA The Board of Supervisors of the County of Butte, State of California, do ordain as follows: 1. Section 20-23 of the Code of Butte County, California, is hereby amended to read as follows: Section 20-23. Division of land into four ar less parcels. A. A parcel map shall be required in all land divisions excep-t that a parcel of land may be divided into four or less parcels without approval or the filing of a map if all of the parcels created have frontage on a public street or highway (as defined in this chapter) or access thereto by a recorded easement of not less than sixty feet in width. Such recorded easement shall be in such terms as to be binding on the o~mer, his heirs, assigns o r successors i_n interest. When owners of two contiguous properties create such an easement between their properties, then each owner may divide his land into four (or less parcels without approval or filing of a map. B. All lots or parcels created under this section shall meet the minimum lot sizes as set forth in this chapter. C. If, because of size, shape or topography, legal access to a public street or highway for a parcel resulting from a land division can only be provided by means of an access easement, or by an equivalent extension of a new parcel, which easement or extension can only be provided with a width less than the standar width outlined a':.~ove, then in that event, the width of an easement or lot extension for the purpose of access shall be determined in the following table with the exception that nothing herein shall be construed to prohibit an owner of a parcel from making use of a fifteen foot private driveway on his land to a public street or highway, provided that the remaining parcel' on the driveway could not be redivided. 1 Net Area Excluding Road Easements (in sq. ft.) 2 From To Width of Easement Area g 8,125 32,500 25 0.75 ac. ~ 32,501 40,625 30 0.93 ac. 5 40,626 48,750 35 1.12 ac. g 48,751 56,875 40 1.31 ac. 7 56,876 65,000 45 1.49 ac. g 65,001 73,125 50 1.68 ac. g 73,126 81,250 55 1.87 ac. 10 81,251 and up 60 1.88 or more acs. ].1 12 D. Properties divided into four or less parcels using 13 paragraph C which includes the above table shall require the 14 approval and filing of a parcel map as outlined in this article.' 15 E. The governing body may require dedications or an offer 16 of dedication by separate instrument for street opening or widenin; 17 of easements. If dedications or offers of dedication are required 18 such dedications shall be completed before filing of the final 19 parcel map. 20 F. Easements as required in paragraphs C and E shall be 21 shown on the parcel map as "nonexclusive public easements for 22 ingress and egress and for public utilities and to be reserved 23 in deeds" and shall be so reserved and described in the deeds 24 of all appropriate parcels. 2g G. Where the full width of the access easement or parcel 2g extension as required in paragraph C cannot be provided to a 27 public street or highway, the parcel map shall be limited as 28 follows: ,JR.Inuc~Ytf z8 2g 1. When any parcel of record this date (" , i~c9 3p 1-%g) fronts on an existing easement more than twenty 31 (20) feet but less than forty. (40) feet in width, the 32 parcel may be divided into two lots provided the i 2, E 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 resulting parcels each contain a minimum net lot area excluding easements of 8,125 square feet. No further division shall be permitted until sixty (60) feet of right of way is provided to a public road, as defined in Section 20-48, subsection 8. G.hv e~r~ ~ ~~ ~~~ y 2. When any parcel of record this date (~eeex~e-~ 1-7-,-~b'S} fronts on an existing easement more than forty (40) feet, but less than sixty (b0) feet in width, the parcel may be divided into four, parcels provided. the resulting parcels each contain a minimum net lot area excluding easements of 8,125 square feet. In both 1. and 2, above, the County shall require from the applican for a land division, confirmation that he has a legal right to use the easement and that it is a non-exclusive easement for roadway purposes. The following shall be placed on the final map in both instances: "No further division of these parcels shall be made until such time as 60 feet of easement is provided to road." H. Building setback lines for parcels divided under this article shall be the same as apply under county ordinance (Ord. No. 974) to parcels fronting on dedicated thoroughfares. This ordinance will take effect thirty (30) days after its passage, and before the expiration of fifteen (15) days after its passage, it shall be published at least once with the names of the supervisors voting for and against in a local newspaper publi- shed in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 28th. day of January, 1969, by the following vote: AYES: Supervisors Dunaway, i on and Chairman McKillop NOES: Supervisors Howsden an~leynolds ABSENT: None n ~ ,. ATTEST: ', CLARK A. NELSON, County Clerk and ex-officio Clerk of the ~~, Board of Supervisors I By i ~McR7ZLOP; Chafirman of, the to County Board of Supervisors