HomeMy WebLinkAbout1434I ~~ ~nance No._1434~
AN ORDINANCE AMENDING AND ADDING CERTAIN
PROVISIONS OF CHAPTER 20 OF THE BUTTE COUNTY
CODE
1 The Board of Supervisors of the County of Butte, State of
2 California, DO ORDAIN as follows:
3 Section 1. Section 20-4,9 of the Butte County Code, enacted
4 by Ordinance Noo 974 and amended by Ordinance No, 123$, is amended
5 to read as follows:
6 Section 20-409. SUBDIVISIONS,
7 (a) 'Subdivision" refers.:; to any real property, improved
8 or unimproved, or partion thereof, shown on the latest equalized
9 County assessment roll as a unit or as contiguous units, which is
10 divided for the purpose of sale, lease, or financing, whether
11 immediate or future, by any subdivider into five or mare parcels;
12 provided, tl~.at this chapter shall not apply to the financing or
13 leasing of apartments, offices, stores, or similar space within an
i4 apartment building, industrial building, commercial building, or
15 trailer park, nor shall this chapter apply to mineral, oil or
16 gas leases. Property shall be considered as contiguous .units,
17 even if it is separated by roads, streets, utility easements, or
lg railroad rights-of-wayo
19~~ (b) Subdivision does nat include any parcel ar parcels
20~~of land which is divided into four or less parcels. Any conveyance
21 of land to a governmental agency, public entity ar public u:~ility
22 shall not be considered a division of land for purposes of
23 computing the number of parcels.
24 {c) Subdivision does not include the division of any
2S real property improved or unimproved or a portion thereof shown on
26 the latest equalized county assessment roll as a unit or as
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contiguous units, which is divided for the purpose of sale, lease,
or financing, whether immediate or future, if any of the following
conditions prevail:
{1) The whole parcel before division contains less
that five (5} acres, each parcel created by the division abuts
upon a public street or highway and no dedications or improvements
are required by the governing body.
(2) Any parcel or parcels divided into lots or parcel
each of a gross area of twenty (20) acres ar more, and each of whic
has an approved access to a maintained public street or highway.
(3) Any parcel or parcels of land having approved
access to a public street or highway which comprises part of a
tract of land zoned far industrial or commercial development, and
which has the approval of the governing body as to street alignment
and widths.
(4) Any parcel or parcels of land divided into lots
or parcels, each of a gross area of forty {40} acres or more or
each of which is a quarter-quarter section ar largero
{d) In any case provided in subdivision (b) or subdivisic
(c)(1), (c){2} and (c){3) of this section, a parcel map shall be
submitted to the Board of Supervisors and Planning Commission {in
the same manner as provided in this chapter for subdivisions} far
approval as to area, improvement and design, flood and water
drama ge control, and as to ail requirements of this section.
The approved parcel map showing each new parcel shall be filed wi
the recorder of the county in which the land is located prior to
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sale, lease, or financing of such parcels, Conveyances may be made 1,
of parcels shown on such map by number or other such designs tiono
Submission and approval of a tentative map is required prior to the
approval of a parcel mape The parcel map shall be filed within one
year after the approval of the tentative mape Upon application, an
extension of the approval of the tentative map, not to exceed one y
may be granted by the Board of Supervisors or the Planning Commissi
Section 20 Section 20~-11 of the Butte County Code, enacted
', by Ordinance No, 974, is amended to read as follows:
Section 20-11, FORM AND CONTENT OF TENTATIVE MAPS.
Tentative maps shall be eighteen by twenty-six ~,nches or some
multiple of eighteen by twenty-six inches in sized The scale
shall be such that lot dimensions, topography and such other
required information can be rmd'a~,y shown and understood. Recommend
scale for normal size subdivision is one inch equals one hundred
feeto They shall be drawn on good qual~.ty tracing paper or
tracing cloth and shall contain the following information:
to A site location sketch indicating the location of the
proposed subdivision in relation to the surrounding area or region,
20 The tract name, date, north point, scale, and
sufficient description to define the location and boundaries of
the proposed tracto
3, Name and address of record owner, or owners, of such
Ilsubdivisiono
4o Name and address~of the subdivider.
54 Name, business address, and number of the registered
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civil engineer or licensed surveyor who prepared the map of such
subdivisiono
6a The locations, names, widths, approximate grade and
curve or radii of all roads, streets, highways, and ways in
the proposed subdivision andatong the boundaries thereof, and
the location of all existing and proposed roadway cut or f.11
banks exceeding five feet (5') in vertical. height and all other
existing and proposed cut or fill banks over two feet {2') in
vertical heighto
7o Sufficient elevations or contours to determine the
general slope and terrain features of the land, including all
streams and watercourseso
8o The location and character of all existing or
proposed public utility facilities in such subdivision, or on
adjoining and contiguous highways, streets and wayso
9o The approximate widths, location and purpose of all
existing or proposed easements,
Z0. Lot layout and approximate dimensions of each lots
llo The outline of any existing buildings and wells to
remain in place and their location in relation to existing or
proposed streets and lot lines shall be placed on the t entative
mapo Water wells located on adjoining properties and within one
hundred feet {100') of the subdivision boundaries shall also be
shown in their correct locationo Wells which are to be abandoned
shall be shown in their proper--~~ocation and identified a s 'well
to be abandoned," Such wells shall be filled and capped in a
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manner approved by the county health departmento
12 o The approximate location of all a rea s subject to
inundation, the location of all lakes and reservoirs, the location,
width and direction of flow of all watercourses, and, along
perennial streams, the approximate location of the high water lineal
13o In case the property included within the subdivision
lies wholly in unincorporated territory, the following words shall
,appear in the subdivision title : "County of Butte" o Tf the
property is partly in unincorporated territory and partly within
a n incorporated city, the following words shall be used: 'Within
and Adjoining the City of ~~_Y_Y o"
Section 3. Section 20-22 of the Butte County Code, enacted
Eby Ordinance NoQ 974 and amended by Ordinance No, 1238, is
lamended to read as follows:
Section 20-22o GENERALLY,
In accordance with Section 11535 of the Business and Professi
Code, Subdivision Map Act, certain divisions of land other than
subdivisions require the approval of a tentative map and the
filing of a parcel mag in the same manner as provided far subdivis
as follows:
(A) If the whole parcel before division contains less
than five (5) 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 bodyo
(B) Any parcel or parcels divided into lots or parcels,
each of a gross area of twenty (20) acres or more, and each of
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which has an approved access to a maintained public street or
highwayo
(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 alignments and widths.
(D) Any parcel o~ parcels of land divided into lots
or parcels, each of a gross area of less than forty (40) acres or
each of which is less than a quarter-quarter section.
Section 4. Section 20-23 of the Butte County Code, enacted
by Ordinance Number 974 and amended by Ordinances Number 1013, 101
and 1238, is amended to read as follows:
Section 20-23o DIVISION OF LAND INTO FOUR OR LESS PARCELSo
{A) Unless otherwise provided by law, a parcel map
shall be required in all land divisions creating parcels each of
j a gross area of less than forty (40) acres or each of which is 1es:
than a quarter-quarter section. All parcels created shall have
either frontage on a public road or access thereto by a recorded
easement of not less than sixty feet (60') in width improved as ma;
be required in the resolution establishing standards pursuant
to this chaptero
(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
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access to a public street or highway for a parcel re~u']:t'ing from
a land division can only be provided by means of an access ea semen'
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or by an equivalent extension of a new parcel, which easement or
extens~.on can only be provided with a width Less than the
standard width outlined above, 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 {l5) foot private driveway
on his land to a public street or highway; provided, that the
remaining parcel on the driveway could not be redivided:
"`~"T'~'Ret Area~~xcTudi~g~~oa~'~ase~nents din sq.~~.~..._._._.^~_._._~_,__ ~
From To Width of Easement Area
8,125 32,500 25 0.75 aco
32,501 40,625 30 0,93 ac.
40,626 48,750 35 1.12 aco
48,75T 56,875 40 1,31 aco
56,876 65,000 45 1,49 aco
65,001 73,125 50 1,b8 acP
73.,126 8l, 250 55 l 0 87 a c.
81,251 and up 60 1088 or
more acs.
(D) The governing body may require dedications or an
~~ offer of dedication by separate instrument for street opening or
widening or easementso 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
jas 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
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map as ~~non exclusive public easements for ingress and egress and
for public utilities and to be reserved in deeds°4 and shah. be so
reserved and described in the deeds of all appropriate parcelso
(F) Where the full width of the access easement or
parcel extension, as required in paragraph (C ), cannot be provided
to a public street or highway, the parcel map shall be limited as
follows:
(l ) When a ny parcel of record on February 18, 1969,
fronts on an existing easement twenty feet (20°) or mare, but
less than forty feet (40') in width9 the parcel may be divided
~iinto two (2) lots, provided the resulting parcels each comply
with the lot criteria specified in Section 20-30o2a No further
division shall be permitted until sixty feet (60°) of right-of-way
is provided to a public roado
(2) When any parcel of record on February l8, 1969,
fronts on an existing easement forty feet (40' ) or more, but less
than sixty feet (60') in width, the parcel may be divided into
four (4) parcels, provided the resulting parcels each comply with
the lot criteria specified in Section 20-30020 In both (1) and
(2) above, the county shall require from the applicant fora Land
division9 confirmation that he has a legal right to use the
easement and that it is a nonexclusive easement for roadway
purposesfl The following shall be placed on the final map in both
instanceso s''No further division of these parcels shall be made
until such time as sixty feet (60') of easement is provided to
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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 tharoughfareso
{H) Drainage requirements for parcel maps shall be as
provided in the resolution establishing standards pursuant to
this chapterQ
Section 5p Section 20-24 of the Butte County Code, enacted
by Ordinance Noo 974 and amended by Ordinance Naa x:238, is amended
to read as follows:
Section~20~24a PROCEDURES FOR TENTATIVE MAPSa
{A) The owner (ar his designated agent) shall file at
least twelve (12) copies of the tentative map with the planning
director fix~teen (15) days prior to the committee meeting (see
Section 20-3 (B )), together with the required fee as designated in
the resolution establishing standardso
(B) The tentative map shall contain the following
information:
(1) The name and address of saner.
(2) Location of parcel and any existing buildings
or structures, septic tanks or leach lines, or any other under-
ground facility, in addition, the correct location of water wells
located on adjoining properties within one hundred feet (100') of
the parcel being divided shall be shown, except when each parcel
resulting from the proposed division is ten acres or more in areaq
{3) Essential facts as to adjoining properties,
such as street locations, existing and proposed, including widths
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and grades.
(4) A11 boundary dimensions showing property lines
and essential topographic information regarding the lands to be
divided, especially areas subject to inundation, the location of
all lakes and reservoirs, the location width and direction of flow
of all watercourses, and, along perennial streams, the approximate
location of the high water linen
(5) A11 lots with approximate d:mensionso
(b) North arrow and scale, and date map preparedq
{7) Proposed easements and setback lineso
(8) Method of sewage disposal and water supplyo
(9} Location on the parcels of all existing and
proposed roadway cut or fill banks exceeding five feet (5°) in
vertical height and all other existing or proposed cut or fi11
banks over two feet (2') in heighto
(C) A11 tentative .parcel maps shall be submitted and
processed in the same manner as provided for subdivisions,
Section 6o Section 20-30x2 of the Butte County Code, enacted
by Ordinance Noa 974 and amended by Ordinance Noq 1238, is amended
to read as follows:
Section 2a-sa.zo LOT CRZTERIAa
(1) Width of lotso Lots shall have a minimum of sixty-
five feet (b5') frontage measured at the minimum setback linen
Corner lots shall have a minimum width of seventy-five feet (75')
~~ frontage o
{2} Depth of lotso Minimum depth of lots sha11 be one
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hundred feet (100') except that in extremely unusual cases the
planning commission may allow a lesser depth, providing the total
area meets the requirements of subsection (3} below.
(3) Minimum lot area. The minimum area of lots created
by subdivisions or land divisions shall be specified in the
zoning regulations applicable to the property in question;
provided, however, that when individual sewage disposal systems
are proposed, the m.n.imum area of lots shall be as specified in
said zoning regulations or as determined by the requirements of
Appendix VII of the resolution establishing standards pursuant to
this chapter, as amended, whichever is the largero Lot area ,for
all parcels of less than five (5) acres shall be computed exclusi
of those areas lying within access easements or public roadsa
Notwithstanding anything to the contrary in this chapter,
the area of lots shall be of sufficient size to comply with the
density requirements of the Butte County General-Plan,
' (4} Open spa ce~subdivisionso The dimensions specified
in subsections (1} and (2) above 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.
(5} Corner radius, Property lines of corner lots shall
.be rounded at the street corner to a radius of twenty feet (20')Q
Section 7o Section 20--30x4 of the Butte County Code, enacted
Ordinance Nop .974, is amended to read as follows:
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(I) Bui~.ding setbackso Nothwithstanding the provisions
of the existing county setback ordinance, this chapter shall
regulate the setbacks in all new subdivisionso Building setback
Tines shall be fifty feet (50' ) from the centerline of all county
roads and other subdivision roads except for federal aid secondary
roads where the setback shall be increased to fifty-five feet (55' o
An exception to the above setback on county roads may be granted
for the placement of a garage in mountain or hillside subdivisions
(where the subdivider can show auto access to Abe::: impracticable to
the normal setback,
(2) Use_of setback and common areasa Setback areas as
specified in the Butte County Code or other County ordinances,
including zoning ordinances, shall not be utilized in computing
the area useable for individual sewage disposal system facilities,
including septic tanks, leach Tines and sewage seepage pits,
unless an exception is granted pursuant to Article VTTI of this
chapter. Subdivision or land division design may include the
ocation of other underground facilities within the setback area,
19 unless installation or use of such facilities would endanger the
20 public health, safety or welfare, conflict with the Butte County
2Z aster Streets and Highways Plan or otherwise interfer with
22 roposed development of County roads, or would cause unsightly
23 onditions on County rights-of-way, due to the existence of roadsi
24 uts or other natural or man-made featureso
2S Section 8o Section 20-3201 of the Butte County Code, enacted
26 y Ordinance Number 1238 is repealedo
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Section 9. That Section 20-2201 of the Butte County Code is
hereby added to read as follows:
Section 20-22,1Q BOUNDARY LTNE MODIFICATIONS; PARCEL MAP
NOT REgUIREDo Notwithstanding anything to the contrary in this
chapter ar in any ordinance or resolution, a parcel map shall not
be required for boundary line modifications, It is not the intent
of the Board of Supervisors to regulate boundary line changes
which do not result in the creation of any additional parcels,
and where the doctrine of merger applieso Provided, however,
that parcels may not be changed by use of this exception so as
to create a substandard ~a reel under the zoning regulations
applicable to the land in questions
Section 10. That Section 20-2202 of the Butte County Code
Ilis added to read as follows:
Section_20-2202° MERGER OF ADJACENT PARCELS;__PARCEL MAP NOT
REgUIRED;~FINDING~a Notwithstanding anything to the contrary in
this chapter or any ordinance or resolution, in the event an
adjacent parcel zs acquired and in the event the adjacent parcel
19 is .then`later~::sold, ~~leased, or burdened with financing, no parcel
20 ap shall be requiredo Tn the event that the adjacent parcel so
21 acquixred.:- and later conveyed constituted an entire lot in a prior
22 recorded subdivision or recorded parcel map approved by the Board
23 of Supervisors, then in that event no findings pursuant to
24 Business and Professions Code Section 11535(d) need be made on the
25 grounds that the Board of Supervisors has already made such
26 findings in the prior approval of said map or mapsq However, in
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the event the Board of Supervisors had not previously approved the
adjacent parcel, then in that event a map is none the less waived,
however, the findings required in B~isiness and Professions Code
Section 11535(d) shall be completed in the same manner as if
a parcel map were required pursuant to this chapter
Sect~:on llo This ordinance shall take effect thirty (30)
days after the date of its adoption and before the expiration of
fifteen (l5) days after its passage shall be published once with
the name of the members voting for and against in a newspaper
.published in said County of Butted
PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of California, this 5~h day of T March _^~~~~
3.974, by the following vote:
AYES: Supervisors Cameron, Gilman, Ladd, McKillop and Chaix'man Madigan
NOES: None
ABSENT: None
NOT VOTING : Nane ~
JACK DTGA ,~C man o the~~
Board of Superv s rs
(ATTEST:
ARK A. NELSON, County Clerk and
-officio Clerk of the Board
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