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ORDINANCE N0. 1238
ORDINANCE AMENDING AND ADDING CERTAIN PROVISIONS
TO CHAPTER 20 OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte do
hereby ordain as follows:
1. Section 20-2 of the Butte County Code is hereby
amended to read as follows:
"Sec. 202. ALTERATIONS OF SUBDIVISIONS,
A, No subdivision shall be altered in whole or in any
substantial part as to general plan, lot size or boundaries
after its final approval, nor shall any single lot in a subdivi-
sion, after its final approval, be separated in ownership or
reduced in size below the minimum lot dimensions or lot area
required by this chapter, without the prior approval of the
planning commission,
B. Revisions not requiring a new subdivision map may
be made by the submission of records of survey or certificate
of correction.
C. This section shall apply to all subdivisions
finally approved on or after July 1, 1949; provided, however,
that it shall not apply to any separation in ownership or
reduction in size of any individual lot occurring prior to the
effective date of this section."
2. Section 20-4,1 of the Butte County Code is hereby
amended to read as follows:
"APPROVED ACCESS: Aright of way that does not exceed
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an average of fiteen per cent grade for any five hundred consecu-
tive feet of such right of way and which would not contain any
grade which would exceed twenty-two per cent. The access shall
have a recorded sixty foot right of way from a public road to
the property under consideration. Access shall be traversable
year-around excerpt in snow season and a connection to a county
road shall be required and made only after obtaining an
encroachment permit for a safe intersection. If division of
land results in planned traffic generation in excess of the
access capability, the Board of Supervisors may require' improve-
ments to said access or county road serving the development.
Bach case is subject to review by the Berard of Supervisors.
Construction standards for approved access shall be as provided
in the resolution establishing standards.''''
3. Section 20-4~.g of the Butte County Code is hereby
amended to read as follows:
"(a) Subdivision refers to any real property, improved
or unimproved, or portion thereof, shown on the latest equalized
county assessment roll: as a unit or as contiguous units, which
is divided for the purpose of sale, lease, or financing, whether
immediate or future by any subdivider into five or more parcels;
provided that this chapter shall not apply to the financing
or leasing of ap~r~nents, offices, stores, or similar space
within an .apartment building, industrial building, commercial
building, or trailer park, nor shall this chapter apply to
mineral, ail or gas leases. Property shall be considered as
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1 contiguous units, even if it is separated by roads, streets,
2 utility easements, or railroad rights-of-way.
3 (b) Subdivision does not include any parcel or parcels
4 of land which is divided into four or less parcels, Any
5! conveyance of land to a governmental agency, public entity or
6 public utility shall not be considered a division of land for
7 purposes of computing the number of parcels.
8 (c) Subdivision does not include the division of any
9! real property improved or unimproved ar a portion thereof shown
10 on the latest a~ualized county assessment roll as a unit or as
11 contiguous units, which is divided for the purpose of sale,
12 lease, or financing, whether immediate or future, if any of the
13 following conditions prevail:
14 (1) The whole parcel before division
15 contains less than five acres, each parcel
16 cr~a~ed:;by the division abuts upon a public
17i street or highway and no dedications or
lg improvements are required by the governing body.
19 (2) Any parcel or parcels divided into
2p lots or parcels, each of a gross area of 20
21 acres or more, and each of which has an approved
22 access to a maintained public street or highway.
23' (3) Any parcel or parcels of land having
24 approved access to a public street or highway
28 which comprises part of a tract of land zoned for
26 industrial or commercial development, and which
has the approval of the governing body as to street
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alignments and widths.
(4) Any parcel or parcels of land divided
into lots or parcels each of a grq~ss area of forty
(40) acres or less.
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(d) in any case provided in subdivisions (b) or (c),
a tentative map or parcel map shall be submitted to the governing
body or advisory agency (in the same manner as provided in this
chapter. for subdivisions) for approval as to area..improvements
and lot design, flood and water drainage control and as to all
requirements of this section. Within one year after approval
of the tentative map, a parcel map showing each new parcel or
parcels may be filed with the recorder of the county .concerned.
This map shall be filed prior to sale, lease, or financing of
such parcels. Conveyances may be made of parcels shown on
,such map by number or other such designation. Upon application
an extension of the approval of the tentative map, not. to
exceed one year, may be granted by the Board of Supervisors
or the Planning Commission,'"
4. Section 20-13.1 of the Butte County Cgde is hereby
(added/amended) to read as follows:
A. subdivision map-shall not'be approved if the
Board of Supervisors make any of the following findings:
(a) That the proposed map is not consistent
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with applicable general and specific plans.
(b) That the design or improvement of
the proposed subdivision is not consistent with
applicable general and specific plans.
(c) That the site is not physically
suitable for the type of development.
(d) That the site is not physically
suitable for the proposed density of development.
(e) That the design of the subdivision
or the proposed improvements are likely to cause
substantial environmental damage or substantially
and avoidably injure fish or wildlife or their
habitat.
(f) That the design of the subdivision or
the type of improvements is likely to cause serious
public health problems.
(g) That the design of the subdivisions
or the type of improvements-will conflict with
easements, acquired by the pub lic at large, for
access through or use of, property within the
proposed subdivision. In this connection, the
Board of Supervisors may approve a map if it finds
that alternate easements, for access or for use,
will be provided and that these twill be substantially
equivalent to ones previously acquired by the public.
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This sub$ection shall apply only to easements
of record or to easements established by judgment of
a court of competent jurisdiction and no autharity
is hereby granted to the Board of Supervisors to
determine that the public at large-has acquired
easements for access through or use of property
within the proposed subdivisnn."
5. Section 20-22 of the Butte County Code is hereby
amended to read as follows:
"Sec. 20-22. In accordance with section 11535 of the
fiusiness and Professions Code, Subdivision Map ~1ct, certain
divisions of land other than subdivisions require the approval
of a tentative map and the filing of a parcel map in the same
manner as provided for subdivisions as follows:
A. If the whole parcel before division
contains less than five acres and each parcel created by the
division abuts upon a public street or highway and no dedications
or improvements are required by the governing body.
B. Any parcel or parcels divided into lots
or parcels, each of a gross area of twenty acres or more, and
each of which has an approved access to a maintained public
street or highway.
C. Any parcel or parcels of land having
approved access to a public street or highway which comprises
part of a tract of land zoned for industrial development,
and which has the approval of the governing body as to street
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1 alignments and widths.
2. D. Any parcel or parcels of land divided
3 into lots or parcels, each of a gross area of 40 acres or less."
4 b. Section 20-23 of the Butte County Code is hereby
5 amended to read as follows:
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7 "Sec . 2423.
8 A. Unless otherwise provided by law, a
9 parcel map shall be required in all land divisions creating
ZO parcels of forty (40) acres or less in size. All parcels
I1 created shall have either frontage on a public road or approved
12 access (as defined in this chapter) thereto by a recorded
13 easement of not less than sixty (60) feet in width.
I4 B. A11 lots or parcels created under this
15 section shall meet the minimum lot sines as set forth in this
16 chapter.
17 C. lf, because of size, shape or topography,
18 legal access to a public street or highway far a parcel resulting
19 from a land division can only be provided by means, of an access
20 easement, or by an equivalent estension of a new parcel, which
21 easement or extension can only be provided with a width less
22 than the standard width outlined above, then in that event,
23 the width of an easement or lot extension for the purpose of
24 access shall be determined in the following table; with the
25 exception, that nothing herein shall be construed to prohibit
26 an owner of a parcel from making use of a fifteen foot~~ private
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driveway on his land to a public street or highway; provided,
that the remaining parcel on the driveway could not be
redivided:
NCt Urea L"~a-c7udi~~g Poad laascw~nts (h, sq. (t.)
I*rom To 1VidtU of L,ascment Area.
5,125 32,500 25 0.75 ac.
32,501 40,625 30 0.93 ac.
40,626 4S,75Q 35 i.i2 ac.
4S,751 56,575 40 1.31 ac.
56,576 65,000 45 1.49 ac.
b5,001 73,125 50 1.65 ac.
73,126 S1,2S0 ~55 1.87 ac.
51,251 and up 60 1.58 or
more acs.
D. The governing body may require dedica-
tions or an offer of dedication by separate. instrument for
street opening or widening or easements. If dedications or
offers of dedications are required, such dedications shall be
completed prior to filing of the parcel map. An offer of
dedication shall be in such terms as to be binding on the
owner, his heirs, assigns or successors in interest, and shall
continue until the governing body accepts or rejects such offer.
E. Easements as required shall be shown
on the parcel map as "non exclusive public easements for ingress
and egress and for pubZ~i.c utilities and to be reserved in
deeds" and shall be so reserved and described in the deeds of
all appropriate parcels.
la. Where the full width of the access
easement or parcel extension, as required in paragraph G,
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1 cannot be provided to a public street or highway, the parcel
2 map shall be limited as follows:
3 1. then any parcel of record on February
4 18, 1969, fronts on an existing easement twenty
5 feet or more, but less than forty feet in width,
6' the parcel may be divided into two lots, provided
7 the resulting parcels, each contain a minimum
8 net lot area excluding easements of eight thousand
9 one hundred twenty-five square feet. No further
10 division shall be permitted until. sixty feet of
I1. right of way is provided to a public road.
12 2. C^Then any parcel of record on February
13 18, 1969, fronts on an existing easement forty
14 feet or more, but less than sixty feet in width,
15 the parcel may be•divided into four parcels, provided
16 the resulting parcels each contain a minimum net
17 lat area excluding easements of eight thousand one
18 hundred twenty-five square feet. In both 1, and 2.
19 above, the county shall require from the applicant
20 for a land division, confirmation that he has a
21 legal right tv use the easement and that it is a
22 non-exclusive easement for roadway purposes. The
23 following shall be placed on the final map in bath
24 instances: "No further division of these parcels
2B shall be made until such time as sixty feet of
26 easement is provided to ............ road,"
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G. Building setback lines for parcels
divided under this article shall be the same as apply under
this chapter to parcels fronting on dedicated thoroughfares."
7. Section 20-24 of the Butte County Code is hereby
amended to read as follows:
"Sec. 20-24. Procedures for Tentative Maps.
A. The owner (or his designated agent) shall file at
least ten copies of the tentative map with the planning director
fifteen days prior to the committee meeting, CSee section 20-3B),
together with the required fee as designated in the resolution.
B. The tentative map shall contain the following
inf ormat ioxti
1. The name and address of owner.
2. Location of parcel and any existing
buildings or structures, septic tanks or leach
lines, or any other underground facility.
3. Essential facts as to adjoining proper-
ties, such as street locations, existing and proposed,
including widths and grades.
4. All boundary dimensions showing property
lines and essential topographic infarmation regarding
the land to be divided, especially areas subject to
inundatbn, and the location, width and direction of
.flow of all watercourses.
5. All lots with approximate dimensions.
6. North arrow and scale, and date map
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prepared.
7. Proposed easements and setback lines,
8. Method of sewage disposal and water
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supply .
C. All tentative parcel maps shall be submitted and
processed in the same manner as provided for subdivisions."
F3. Section 20-25 of the Butte County Code is hereby
amended to read as follows:
"Sec. 20-25, Procedure for final maps.
A, Within one year after approval or conditia~l
approval (unless such time shall have been extended) of the
tentative map of a land division as defined in this ordinance
or as provided in the Subdivision Map Act, Section 11535 (c)
(1, 2, 3, and 4), as amended in 1971, of the Business and
Professions Code, a developer may cause a parcel to be prepared
and recorded substantially in conformance with the tentative
map, including all required alterations and changes, and
conforming in all particulars to the provisions of the
Subdivision Map Act and of this chapter.
B. The parcel map shall be a map legibly drawn,
printed, or reproduced by a process guaranteeing a permanent
record in black on tracing cloth or polyester base film,
including certificates, except that such certificates may be
legibly stamped or printed upon the map when recommended by the
county recorder. If ink is used on polyester base film, the
ink surface shall be coated with a suitable substance to assure
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1 permanent legibility,
2 The size of each sheet shall be eighteen by twenty-
3 six inches. A marginal line shall be drawn completely around
4 each sheet, leaving an entirely blank margin of one inch.
5 The scale of the map shall be one inch equals
6 one hundred feet on large areas and one inch equals fifty feet
7' or one inch equals forty feet on small or irregular areas, unless
8 otherwise permitted by the department of public works. Whenever
9 practicable, all lots shall be shown in their entirety on one
l0. sheet. The particular number of the sheet and the total number
111 of sheets comprising the map shall be stated on each one of the
12 sheets, and its relations to each adjoining sheet shall be
13' clearly shown.
I4 Each parcel shall be numbered or. otherwise designated.
15 The exterior boundary of the land included within the
16 parcel map shall be indicated by a colored border in transparent
17 .ink applied to the reverse side of the tracing. The ink should
18 preferably be blue and shall not obliterate figures or other
19 data. The map shall show the definite location of. the original
2d .parcel or parcels and particularly in relation:_to surrounding
2I surveys.
22 C. Each sheet comprising the map shall eortan the
23 following information which shall be within the margin lines.
24 1. A title stating parcel map.
25 2. A subtitle placed below the title;
2g this shall consist of a general description of the
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1 property either by reference to recorded deeds,
2' recorded maps, or a plat of a United States survey.
3j 3. Date of preparation and name of the
~' licensed surveyor or registered civil engineer
5 responsible for the preparation of the map.
g 4. North arrow, legend, scale, and notes.
7' 5. Certificates as required by the Sub-
',g division Map Act shall be provided on the parcel
g! map as follows: (1) Surveyors certificate: (2) a
lp certificate for execution by the director of public
11 works; (3) a certificate for execution by the county
12 recorder.
13 D. The parcel map shall show ties to the centerline
14 of streets or property lines bounding the property for the
15' purpose of showing street widening, conformity with proposed
is building setback lines, and other information required by the
17 board of supervisors for the orderly administration of zoning
lg and building regulations.
lg All parcel maps shall be based either upon afield
20 survey made in conformity with the hand Surveyors Act or
21' compiled from recorded or filed data when sufficient survey
22 data exists on file maps to locate and retrace exterior boundary
g3 lines of the parcel map if the location of at least one of
24. these boundary lines can be established from an existing
2g, monumented line.
26 All parcels shall be monumented at all lot corners,
and at the beginning and end of radious returns by 3/4~' iron
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1 pipe {or equivalent) 18" long, plugged and tagged with the R.E. or
2 L.S. number of the person responsible for the survey. The
3 beginning or ending of curves or angle points in road R/W need
4 not be monumented. Monuments on street side shall be on the
5 right of way line."
6 9. Section 2b-30.2 of the Butte County Code is hereby
7 amended to read as follows:
8 "Section 20-30.2. Lot Criteria.
9 1. Width of lots. Lots shall have a minimum of sixty-
10 five foot frontage measured at the minimum setback line.
11 Corner lots shall have a minimum width of seventy-five feet
12 frontage.
13 2. Depth of lots. Minimum depth of lots shall be
14 one hundred feet except that in extremely unusual cases the
15 planning commission may allow a lesser depth providing the
16 total area equals eight thousand one hundred twenty-five square
1'7 feet except as modified in paragraph 3 below.
18 3. Lot area.
19 {a) Minimum area. Minimum area of lots
20 shall be eight thousand one hundred and twenty-five
21 square feet, except that where public sewers are
22 provided, a minimum of six thousand five hundred
23 square feet may be allowed. On corner lots, the
24 .minimum area with sewer shall be seven thousand
25 five hundred square feet. Notwithstanding anything
26 to the contrary in this chapter, in all cases of
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subdivision or parcel maps the lot area shall be
of sufficient size to comply with the density
requirements of the County General Plan.
(b) Open Space Subdivisions. The
above lot sizes and dimensions may be modified by
the planning commission in the case of a subdivision
being developed pursuant to a development plan or
open space provisions in accord with zoning
regulations. The planning commission shall prescribe
conditions deemed necessary to the public interest.
(c) Septic Tanks and Wells. When
septic tanks and wells are to be placed upon
individual parcels, a minimum area of twelve
thousand five hundred square feet and a minimum
width of seventy-five feet at the setback line
will be required.
4. Corner radius. Property lines of corner lots shall
be rounded at the street corner to a radius of twenty feet."
L0. Section 20-32.1 of the Butte County Code is added
to read as follows:
"20-32.1. Drainage requirements for parcel maps
shall be as provided in the Resolution Establishing Standards
pursuant to Chapter 20 of the Butte County Code."
This ordinance shall take effect March 4, 7.972 which
is in excess of thirty (30) days after its passage, and before
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the expiration of fiteen days after its passage, it shall be
published with the names of the members voting for and against
the same, once in a local newspaper published in the County pf
Butte, State of California.
', PASSED AND ADOPTED by the Butte County Board of
~~, Supervisors this 2nd day of February, 1972, by the following
vote:
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AYES: Supervisors Madigan, McKillop, Reynolds, and
Chairman Gilman
NOES: Supervisor Maxon
ABSENT: None
NOT VOTING:
AR Z N, C irman o t e Butte
County Boar f Supervisors
ATTEST:
CLARK A. NELSON, County Clerk
and ex-officio Clerk of the
Bo/ard~ ofd Supervisors
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