HomeMy WebLinkAbout1757~rdznance No . 2757
AN ORDINANCE REPEALING CHAPTER 2l9 OF THE BUTTE
COUNTY CODE AND RE-ENACTING CHAPTER 20 OF THE
BUTTE COUNTY CODE
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The Board of Supervisors of the County of Butte DO ORDAIN
as follows:
That Chapter 20 of the Butte County Code is hereby repealed
and Chapter 20 of the Butte County Code is hereby re-enacted
to read as follows:
Article I. Purpose of chap ter.
A. This chapter is enacted to facilitate and insure steady
growth and orderly development of Lands in the unincorporated
areas in the county.
B. This chapter shall implement the objectives established
-for the development of the county in conformance with its general
plan, and the master streets and highways plan. A proposed
subdivision or land division shall be considered in relation to
such plan.
C. This chapter shall provide standards governing the surveys
designs and improvements of subdivisions; and the submission of
maps, plans and specifications for the construction of improvements
D. This chapter shah. provide for a resolution governing sta:
dards for health and sanitation requirements, and the constr~.ction
and installation of streets, roads, highways, public utilities, an
other improvements. The resolution shall provide fee schedules fo
services rendered by the county.
E. This chapter shall provide for the creation of reasonable
building sites by establishing adequate road widths, proper
alignment of roads, adequate lot sizes, and means of ingress and
egress to and from the property.
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F. This chapter shall control. the division of land which
is subject to inundation by flooding from natural streams or
artificial ponding caused by man, and other detrimental influences
which may cause land to be unsuitable far satisfactory development.
G. This chapter shall control the division of ].and which may
be subject to dangerous or unsuitable soil conditions of any type,
or subject to any other impediments affecting the use of the Land
for human habitation.
H. This chapter sha11 provide rules and regulations governing
the contents of tentative and final subdivision maps, land division
and parcel maps; it sha11 establish methods for the processing
and filing of the maps and regulate other related matters.
I. This chapter shall provide for the numbering of all final
sub division maps in addition to the name given by the subdivider.
Such numbers shall give the last two (2) digits of the year in
.which the map was filed and the number, in order, of the sub divisio
map submitted in that year.
Sections
20-2 Purposes
20-3 Limitations
20--4 Exceptions
20-5 Extensions of Time Limits
20-6 Violation Misdemeanor
~~For statutory provisions generally pertaining to subdivisions and
maps, see Government Code §66410 et seg.
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20-2 Purposes. In the interest of protecting the health,
2 safety and general. welfare of the people of Butte County, this
3 chapter has as its purposes:
4 (l) To effectuate the California Subdivision Map Act;
5 (2) To effectuate the General Plan, specific plans and
e adopted community plans of the County relative to the subdivision
7 of land;
8 (3) To regulate the subdivision of land and reversions
9 to acreage and to r~,gulate and control the design andi~nprovement
14 of subdivisions.
11 20-3 Limitations. This chapter shall be inapplicable to:
12 (1) The financing or leasing of apartments, offices,
~3 stores, or similar space within apartment buildings, industrial
14 buildings, commercial buildings, mobilehome~parks or trailer parks;
15 (2) Mineral, oil. or gas leases;
~$ (3) Land dedicated for cemetery purposes under the
17 Health and Safety Code of the State of California.
18 20.4 Exceptions. The acting body in an action relative to
Z9 a matter before it may authorize conditional exceptions to any of
20 the requirements and regulations relative to the design of a
2x .subdivision,
$2 (1) Application for any such exemption shall be made
23 by a verified petition of the subdivider~.or designated agent, stab
24 fully the grounds of the application and the facts relied upon by
2:5 the petitioner. in order for the property referred to in the
26 petition to come within the provisions of this section, the hearin
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body must find that all of the following facts apply with respect
to the subject property:
(a) That there are special circumstances or
conditions of topography or size or shape or location affecting t
:property.
(b) That the granting of the exception will not be
detrimental to the public welfare or injurious to other property
in the territory in which the property is situated.
(2) Appeals. All determinations of the advisory agency
may be appealed to the Board of Supervisors.
20-5 Extensions of Time Limits. The time limits specified
in this title for reporting and acting on maps may be extended by
mutual consent of the sub divider and the advisory agency or the
Board of Supervisors, and as authorized by the State Sub division
Map Act.
2D--6 Violation Misdemeanor. Any violation of this chapter
shall constitute a misdemeanor and shall be punished as provided
by law. Each day a violation of this chapter continues shall be
considered a separate offense.
Article IIl Definitions
Sections
24-7
2D-s
2D-9
2D-1D
2D-11
Generally
Access, Approved
Access Rights
Advisory Agency
Alley
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20-12 Appeal Board
20-13 Certificate ~ Compliance
20-14 Cul-de-sac
20-15 Dedication
20-1b Design
20-17 Frontage
20-18 Frontage, Double
20-19 Frontage Road
20-20 General Plan
20-21 Improvement
20--22 Lot
20-23 Lot, Corner
20-24 Lot Depth
20-25 Lot, Interior
20-2b Lot Line, Front
20-27 Lot Line, Rear
20-28 Lot Lines
20-29 Lot Width
20-30 Map, Final Subdivision
20-3I Map, Parcel
24-32 Map, Preliminary
20-33 Map, Tentative Subdivision
20-34 Notice o~ Violation
20--35 Parcel
20-3b Pedestrian Way
20-37 Public Sanitary Sewer Facility
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Public Water Supply
2 :. 20-39 Right of Way
3 20--40 Setback
4 20-41 Street, Collector
5 20--42 Street Minor
B 20-43 Street, Private
7 20-44 Street, Public
8 20-45 Strip, Dividing
9 20-4b Subdivider
la 20-47 Subdivider Statement
11 20-48 Subdivision
12 20=49 Mountain Recreational Subdivisions
~3 20-50 Private Road Subdivisions
14 20-51 Unimproved Private Road Subdivision
15 20-52 Rural Subdivision
1~ 20-53 Urban Subdivision
17 20-54 Subdivision Review Committee
18 20-55 .Subdivision Map Act
].9 20-56 Thoroughfare
20 20-57 Traversable Access
21 20-7 Generally. All words used in the singular include the
22 plural, and the plural the singular; each gender includes the
23 other; and any tense includes the other tenses unless the context
24 requires otherwise. The word "shall" is mandatory and the word
2S "may" is permissive, The word "includes" shall not limit a term.
26 to the specific examples, but is intended to extend its meaning
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to all other instances or circumstances of like kind or character.
20-8 Access, Approved. "Approved Access" means right of
vehicular travel to a public street, as shown on the final sub-
:division map or final parcel map and as approved by the Director o
Public Works.
20-9 Access Rights. "Access rights" means the rights to
vehicular and pedestrian entry onto a public street from private
property.
20-10 Advisor A enc "Advisory Agency" means the Butte
County Subdivision Review Committee charged with the duty of making
investigations and reports on the design and improvement of
proposed divisions of real property, the imposing of requirements
or conditions thereon, or having the authority under this chapter
to approve, conditionally approve or disapprove maps.
2x--11 Alley. "A11ey" means a public thoroughfare less than
thirty feet in width, which affords only a secondary means of acres
to abutting property.
20-12 Appeal. Board. "Appeal Board" means the Butte County
Board of Supervisors designated as the appeal board to hear
appeals from actions of the Subdivision Review .Committee, relating
to parcel maps and subdivision maps, notices of violation and
certificates of compliance.
20-13 Certificate of Compliance. "Certificate of Compliance'
.means a certificate recorded by the County which determines that
the subdivision of real property complies with the provisions of
the Subdivision ~~ap Act and Butte County ordinances enacted pur
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thereto. A x'ecorded final map or parcel map sha11 constitute a
certificate of compliance with respect to the parcels of real
property described therein.
20-14 Cut-de-sac. "Cul-de-sac" means a street which
connects to other streets only at one end and having provision for
a turnaround at its other end. Streets temporarly dead-ended at a
property line, but planned for future extension sha11 be provided
a cul-de-sac in accordance with the design resolution. A
cul--de-sac street shall not exceed 504 feet in length.
20-15 Dedication. "Dedication" means the act of granting
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to a public agency the right to use a portion of real property for
:public purposes by the fee owner of the real property.
20-1b Desi !`Design" means (1) street alignments, grades
and width; {2) drainage and sanitary facilities and utilities,
including alignments and grades thereof; (3) location and size of
all required easements and rights-of-way; (4) fire roads and
firebreaks; (5) lot size and configuration; (5} traffic access;
{7) grading; (S) land to be dedicated for park or recreational
purposes; and (9) such other specific requirements in the plan
.and configuration of the entire sub division as may be necessary
or convenient to insure conformity to or implementation of the
General Plan or an adopted specific plan of the County.
20-17 Frontage. "Frontage" means the portion of a parcel
that abuts one side of a public street which allows primary access
20-18 Fronta e, Double. "Double frontage" means the situati
of a lot having frontage on two public streets which do not
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intersect and having the right of access to both streets,
20-19 Frontage Road. "Frontage road" means a street which
is approximately parallel to and adjacent to a major thoroughfare,
or other important traffic facility to which access is limited and
which provides access to abutting properties and separation from
through and fast traffic.
20-20 General Plan. "General Plan" means the general plan
of the County of any element, section or portion thereof.
2 0 - 21 Imp_ra~remen t .
(1} "improvement" refers to such street work and utili
to be installed, or agreed to be installed, by the subdivider an
the land to be used for public or private streets, highways, ways,
and easements as are necessary for the general use of the lot
owners in the subdivision and local neighborhood traffic and
drainage needs as a condition precedent to the approval and
acceptance of the final map thereof.
(2} "improvement" also refers to such other specific
improvements or types of improvements, the installation of which,
either by the subdivider, by public agencies, by private utilities
by any other entity approved by the local agency or by a combinat
thereof, is necessary or convenient to insure conformity to or
implementation of the general plan or an adopted specific plan of
the County.
20-22 Lot. "Lot" means a parcel of land.
20-23 Lot, Corner. "Corner lot" means a tat situated at
the intersection of two or more streets having an ~rigle of inter-
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section of not more than 120 degrees and a minimum width of b5 feet
20-24 Lot Depth. "Lot depth" means a minimum horizontal
distance between the front and rear lot lines measured along the
median between the two side lot lines.
20-25 Lot, Interior. "Interior lot" is a lot other than a
corner lot .
20-26 .Lot Line, Front. In the case of an interior lot, a
lane separating the lot from the street; and in the case of a
corner lot, a line separating the narrowest street frontage of the
lot from the street.
20-27 Lot Lne_,_ Rear. A lot lane which as opposite and
most distant from the front lot line.
20-28 Lot Lines. "Lot lines" means the lane bounding a lot
or parcel.
20-29 Lot Width. "Lot width" means the horizontal distance
between the side lot lines, measured at right angles to the lot
depth at a point midway between front and rear lot lines.
20--30 Map , Final Subdivision. "Final ~ subdavison map" means
a map prepared by a registered civil engineer or licensed land
surveyor and presented for recording, which conforms to a
tentative subdivision map and with the Subdivision Map Act.
20-31 Map, Parcel. "Parcel map't means a map prepared by a
registered civil engi~.eer or a licensed land surveyor and
presented for recording, which conforms to an approved application
-for parcel map and with. the Subdivision Map Act.
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1 20-32 Ma Preliminar "Preliminary map" means a map
2 submitted to the advisory agency for recommendations prior to
3 submission of a tentative map.
4 20-33 Mav, Tentati~re Subdivision. "Tentative subdivision
5 map" means a map presented to the advisory agency far approval of
6 land divisions which require a final subdivision map.
7 20-34 Notice of Violation. "Notice of violation" means a
8 certificate recorded by the County which determines that real
9 praperty has been divided or has resulted from a division in'
14 violation of thisclaa.pter--; or the Subdivision Map Act.
1~. 20-35 Parcel. "Parcel" means an area defined by an approved
1.2 parcel map, subdivision map ar otherwise lawfully created parcel.
13 containing the minimum square footage and frontage as required by
14 the zoning district at the time the parcel was created {ref.
15 Ordinance 1664).
~B 20-36 Pedestrian Wa "Pedestrian way" means a way
17 designated for use by pedestrians, equestrians and bicyclists, and
18 not intended for use as a way for motor driven vehicular traffic.
19 20-37 Public Sanitary Sewer Facility. A sanitary sewerage
2Q facility provided by a government agency.
2x 20--38 Public Water Supper. A water supply provided by a
22 local agency, publicly owned corporation, or approved utility
23 company or any supply, sub,~ect to provisions of Health and Safety
24 Code §§4010 - 4035.
25. 20-39 Right of_ Way. "Right of Way" means that portion of
26 real. property granted to the County to utilize said property for
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public street and drainage purposes. This grant includes the
right for use by public utilities.
20-40 Setback. "Setback" means the distance between a
building and the lot dividing line or center line of street.
20-41 Street, Collector. "Collector street" means a street
to provide direct access to abutting property and to collect the
traffic of minor streets.
20-42 Street Minor. "Minor street" means a street intended
(principally for access to the abutting property.
20-43 Street, Private. "Private street" means all ways
designed for vehicular traffic which are not public streets.
20-44 Street, Public. A street, highway, thoroughfare, road,
avenue, boulevard, alley, court, circle, or drive shall not be a
public street until and unless the said street sha11 have been
accepted into a street or road system maintained by a city, county
or the State. Streets and roads in public parks, public airports,
public schools and similar public grounds shall not be construed tc
be public streets for the purpose of this divis~.on.
20-45 Strip, Dividing. "Dividing strip" means a separation
between adjacent or opposing traffic lanes. It may also mean a
separation between the traffic lanes on a thoroughfare or highway
and the parallel frontage road which provides access to abutting .. ..
~~property.
20-46 Subdivider. "Subdivider" means a person, firm,
corporation, partnership or association who proposes to divide,
f~divides or causes to be divided real property into a subdivision
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3: for himself or for others.
2 20-47 Sub divider Statement. "Subdivider statement" means
3 a report disclosing purposes of the subdivision, ownership,
4 dimensions, subdivision design, improvements, existing structures,
5 public facilities, environmental features, topography and grading.
6 20-48 Subdivision. "Subdivision" means the division of any
ry improved or unimproved land, shown on the latest equalized county
8 assessment roll as a unit or as contiguous units, for the purpose
9 of sale, leasing or financing, whether immediate or future.
10 Property shall be considered as contiguous units, even if it is
11 separated by roads, streets, utility easement or railroad rights-
12 of-way. "Subdivision" includes a condominium project, as
~-~ defined in Section 1350 of the Civil Code or a community apartment
14 project as defined in Section 11004 of the Business and Professions
15 Code.
16 20-49 Motmtain Recreational Sub divisions. "Mountain
]~7 recreational subdivision" is one which meets all the following
18 criteria:
19 a. The subdivision lies wholly within the area designate
~~ "Mountain or Recreational Subdivisions` on the map marked Appendix I
21 as designated by Resolution of the Board of Supervisors establish:n
22 such boundaries.
23 b. There wi11 not be more than two single-family dwellin s
24-per gross acre.
2~ c. The subdivision sha11 be zoned "Mountain or Recreatio
28 Subdivision-Residential," which will include the following restrict'ons:
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(1) Na buisiness, industrial, or commercial
activity.
(2) Lots of Less than .one acre may not be subdivi
in the future .
(3) Lots of one acre or more may be resubdivided,
provided no resulting lot or parcel is less than one half acre and
proper access is provided.
(4) Na mare than one single-family dwelling per 10 .
(5) One guest house per lot will be permitted
provided it is no larger than provided by Health Department
standards and has no kitchen.
20-50 Private Road Subdivisions. A private road subdivision
is authorized at any location within the County of Butte provided
the sub division improvements meet with the Standards of the
County of Butte for a regular dedicated subdivision and providing
paragraphs (c), (d), and (e) of the "Unimproved Private Road
Sub divisions" are complied with.
20--51 Unim roved Private Road Subdivision.
a. Sub division lies within the area designated mountain
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'.recreational subdivision as shown on Appendix T of the Resolution
;adopted by the Board of Supervisors.
b. Roads or other public facilities shall not be
:dedicated to the County of Butte. Standard for unimproved private
jroad construction shall be the same as now or hereafter may be
defined by Resolution of the Board of Supervisors.
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1 c. A mutual. lot owners association, road or water compan
2 community services district, or other type of district authorized
3 by State Law and under the control of other acceptable legal entiti
4 shall be established, to own and maintain such rands and utilities
5 within the private subdivisions and any access road to the
6 subdivision which is not a public road.
7 '' d. Ent~'sn.~c~e to private road subdivisions may be controlle
8 by a gate so that unauthorized persons may be excluded from the
~' subdivision should the directors of the governing agency so desire.
1Q e. Private road subdivisions not lying contiguous to a
].1' public road must be sa connected by a road constructed to at
12' least the same standards as those required within the subdivision.
~3'° f. There will not now or in the future be more than
14' two single-family dwellings per gross acres.
15 ' 20--52 "Rural Subdivision A rural. subdivision includes those
16. subdivisions located outside of the urban areas and which are not
17 included in the zoned mountain recreational. sub division areas as
Z8 shown on Appendix I as designated by Resolution of the Board of
~-~ Supervisors establishing such boundaries.
20' 20-53 Urban Subdivision. An urban subdivision is one lying
2I. adjacent to or in close proximity to the incorporated cities of
2~' Butte County and such other areas as shown on Appendix l as design
23 by Resolution of the Board of Supervisors establishing such
24 boundaries.
2~~ 20-54 Sub division Review Committee. The Sub division Review
2~ Committee shall consist of the Director of Planning, the Diredtor
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of Public Works, and the Director of Environmental Sanitation or
their deputies, or appointed representatives.
20-55 Subdivision Map_Act. "Subdivision Map Act" means the
Subdivision Map Act of the State and all amendments ar additions
;thereto. (Government Code, Title 7, Division 2 Subdivisions,
commencing with Section 66410.)
20-56 Thoroughfare. "Thoroughfare" means an arte~':Lal street
designed for the movement of fast or dense traffic in each directi
Thoroughfares are larger than collector streets but do not include
expressways and freeways.
20-57 Traversable Access. An approved access, traversable
year rou~cl for a standard two wheel drive auto~,.obile, except durin
snow season.
Article ZV Subdivision Maps
Sections
20-b0 When a Sub division Map is Required
20-61 Filing a Tentative Subdivision Map
20-62 Time for Filing
20-63 Action on Tentative Subdivision Maps
20--64 Subdivision Review Commit~Cee Action
20-65 Advisory Agency Action
20-&6 Appeals
2Q=67 Expiration of Tirne and Extension of Time
20--68 Extension of Approval
20-69 .P~inal Subdivision Map
20-70 Board of Supervisors Approval
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20-71
Final. Subd~.vision Map Fees
2 20-72 Preliminary Soil Report or Waiver
3 20-7$ Release of Security
4 20-74 Park Dedication Requirements
8 20-75 Conformance with General Plan
g 20-7b Procedure for Subdivider
7; 20-77 Action of the County
g` 20-78 Park Dedication in Subdivisions Having Fifty
Lots or More
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14' 20-79 Park Fees in Subdivisions Having Less than Fifty
Lots
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12 ' 20-80 Park Dedication in Subdivisions Having Less Than
Fifth Lots
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14 20-81 Credit for Privately Owned Facilities
15 20-82 Computation of Credit
1B 20-83 Limitations
17 ': 20-84 Access Requirements
18` 20-85 Time Limit for Development
19 20--$6 Administration
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20-60 When a Subdivision Map is Required. A tentative sub-
division map and final subdivision map shall be required for all
subdivisions creating five or more parcels, five or more condo-
miniums as defined in Section 7$3 of the Civil Cade, or a
comanunity apartment project containing five or more parcels,
except where:
(l} The land before division contains less than five
acres, each parcel created by the division abuts upon a maintain-
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I~'ed public street or highway and no dedications or improvements
are required, or
(2) Each parcel created by the division has a gross
area of twenty acres or more and has an approved access to a
maintained public street or highway, or
(3) The land conszsts of a 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 or
co~tercial development, and which has the approval of the Board
of Supervisors as to street alignments and widths, or
(4) Each parcel created by the division has a gross
area of forty acres or more, or each of which is a quarter-quarter
section or larger.
B. Any conveyance of land to a governmental agency,
public entity or public utility shall not be considered a division
of land for purposes of computing the number of parcels.
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~ C. A tentative subdivision map and a final subdivision map
2 shall be required when an approved tentative map has expired.
g D. A preliminary map may be filed by the subdivider for
4 consideration by the Subdivision P.eview Committee prior to filing
~ a tentative subdivision map. Such preliminary map may be con-
6 sidered without reference to any procedural requirements of this
7 'cha:p.tex..
~ 20--61 Filing a Tentative Subdivision Map. Every subdivider
9 sha11 file an application with the Planning Department, including
~0 a subdivider's statement, 1G~ copies and 2 sepias of the tentative
13 map, and the appropriate fee as established by resolution of
12 the Board of Supervisors.
13 The submitted material shall conform to the requirements of
14 the rules of the advisory agency as to form and content. Rules
15 governing form and content shall provide for legibility and
~~ adequate scale and such information to insure adequate consi-
~,~ deration of the following factors at all levels of review of the
~~ map: Purpose of the subdivision, ownership, dimensions, sub-
19 division design, improvements, existing structures public facilitie
20 environmental features, topography and grading.
2Z 20-62 Time For Filing. The time of filing a tentative map
22 shall be fixed as the date when:
23 (1) A11 maps and information required by this chapter
24 have been filed, checked and accepted as completed by the
25 Planning Director.
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(2) The applicant provides an environmental certificate
issued by the Butte County Environmental Coordinator indicating
that the project is either exempt from. environmental review,
qualifies for a negative declaration, or requires an environmental
impact report. If the project requires an environmental. impact
report, one copy of such a report issued by the Environmental
Coordinator shall also be provided by the applicant.
(3) The required fees have been paid.
If any required data are missing, the Planning Director
shall. so notify the subdivider or his agent within five working
days, in which case no filing shall be accepted until. all necessary
data are received.
2Q-63 Action on Tentative Subdivision Maps. The Planning
Director shall prepare a written report to the Advisory Agency an
a tentative subdivision map.
A. This report sha11 consider the relationship of the map
to the Subdivision Map Act, to this article, the Zoning Cade,
other County ordinances, the General. Plan, specific plans and com-
munity plans.
B. The Planning Director shall mail a copy of his report to
the subdivider or his agent or deliver in person at least five
days prior to any hearing or action on the map. Any changes in
the report and additions shall be noticed in the same manner,
at least five days prior to the next hearing or action on the
map.
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20-64 Subdivision Review Committee Action. The Advisory
Agency shall examine the tentative subdivision map with the
subdivider at a scheduled meeting and shall:
(1) Hear and consider the staff report of the Planning
Director and responses or comments of any other County departments,
the subdivider and other interested parties.
(2) Hear and consider the recommendations of other
government agencies which are available.
(3) Determine whether the subdivision is a land
project as defined in Section 11000.5 of the Business and
Professions Code, and if so direct the Planning Director to forward
a copy of the tentative subdivision map to the State of Calif-
ornia, Office of Intergovernmental Management.
20-65 Advisory Agency Action. A public review shall be
held by the Advisory Agency on all tentative subdivision maps.
A. At the public review, the Advisory Agency shall review
the submitted tentative subdivision map, the report of the
Planning Director, the recommendations of any governmental agencies
which are available, the report of the Environmental. Coordinator,
the comments and responses of the subdivider and of other
interested parties.
B. The Advisory Agency shall within fifty days after the
tentative map has,= been filed approve with conditions or
disapprove. In making its determination the Advisory Agency
shall:
21.
1 (I) Determine whether the design and improvements shown
2 on the map conform to the requirements of the Subdivision Map
3 Act, this article of the Butte County Code, County ordinances,
4 improvement standards set forth by resolution of the Board of
5 Supervisors, the General Plan, specific plans of the County and
g adopted community plans.
q {2) Determine whether the discharge of waste from the
g proposed subdivision into an existing community sewer system would
g result in violations of existing requirements prescribed by a
10 California Regional Water Quality Control Board pursuant to
I1 Division 7 (commencing with Section I3Q00) of the Water Code.
12 (3) Determine whether the proposed subdivision is a
13 land project as defined in Section Il~Q0.5 of the Business and
14 Professions Code; and if the project is determined to be a land
15 Project:
16 {a) The Advisory Agency shall determine whether
17 the proposed design and improvement of the subdivision is con-
lg sistent with an adopted specific plan for the area.
19 {b) The Advisory Agency shall consider the
~p response of the State Office Of Intergovernmental Management, if
21 received.
22 C. Within five working days after the Advisory Agency has
23 acted on the map, the Planning Director shall report the action
24 in writing to the subdivider or person filing the tentative map,
Zg indicating any conditions of approval and including a copy of the
26 approved tentative map, which decision shall be final unless
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j appealed to the: Board of Supervisors pursuant to Section 20-bb.
A copy of the letter and map shall be retained in the files of the
advisory agency for at least four years, after which the letter
and map may be destroyed.
20-b6 Appeals.
(~.} Within fifteen days after the action by the advisory
agency any interested-person may appeal to the Board of Super-
visors, any finding, action or condition imposed by the advisory
agency by filing a notice of appeal with the clerk of the Board
of Supervisors.
{2} The Board of Supervisors may sustain, modify,
reject or overrule any rulings of the advisory agency and may
make such findings as are not inconsistent with County ordinances
or the Subdivision Map Act.
(a) Upon filing an appeal, the Board of 5uper-
(visors shall. set the matter for a hearing to be held within
thirty days of the filing of the appeal.
{b) Within ten days following the conclusion of
the hearing the Board of Supervisors shall render its decision
on the appeal.
20-67 Ex iration of Time and Extension of Time. The
approval or conditional approval of a tentative subdivision map
shall be valid for eighteen months within which time the final
map may be presented to the Board of .Supervisors for acceptance
and recordation.
~~ y
23.
1 2q-68 The advvsory agency may extend its approval for an
2 additional eighteen months, if the approval for extension of time
3 is granted prior t~othe original expiration date.
4 A. An application for extension of time shall be reviewed
5 by the advisory agency, which will determine whether the map
g presently conforms to the requirements of a tentative subdivision
~ map.
g B. The advisory agency may approve an extension of time,
g approve with conditions which cause the map to conform to
Ip present requirements, or disapprove.
I1 C. In the event that an approved tentative map is revised ',
I2 and subsequently approved by the advisory agency, the most recently
Ig approved tentative map shall constitute the only recognized
Z4 tentative map for further action in consideration of filing of
I5 the final map.
Ig 2q-b9 Final Subdivision Ma At any time before the expira-.
I? Lion of an approved tentative subdivision map the subdivider may
Ig cause the subdivision or a logical part thereof to be accurately
19 Surveyed and a final map prepared and presented to the Board
20 of Supervisors for approval, provided:
2x (l) That the required fees have been paid.
22 (Z) The subdivider has complied with the soils report
2g requirement of this chapter.
24 (3) A preliminary title report has been submitted
25 to the Director of Public ~~orks .
2g {4) The subdivider has complied with the subdivision
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improvement agreement and banding requirements adopted by Butte
County Board of Supervisors, (Form of security provided in lieu
of bonding to be approved by advisory agency.)
(5) The subdivider has complied with the requirements
Hof the tentative map.
20-70 Upon approval of the final subdivision map, the Clerk
of the Board of Supervisors shall. transmit the approved final
map to the County Recorder for recording in the records of the
County .
20-71 Final Subdivision Map Fees. In addition to all
other fees and charges required by law, upon submitting the.
final map under the provisions of this cha.gfer and the Subdivision
Map Act, the subdivider shall pay to the County a map checking
fee in accordance with fee schedule set forth by resolution of the
Butte County Board of Supervisors.
~Q=r72 Soil Reports shall be provided as follows:
(1) Preliminary soil report. Prior to the submission
of a tentative map for advisory agency approval, the subdivider
shall file a preliminary soil report with the Department of Public
Works. The report .shall be prepared by a civil engineer who is
registered by the State, based upon adequate test boring or
excavations, in the subdivision. The preliminary soil report
may be waived =~.~ the Department of Public Works shall determine
that, due to the knowledge of such department as to the soil
qualities of the subdivision, no preliminary analysis is necessary.
,The determination shall be in writing and be made part of the data
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accompanying the final map.
(2} Soil investigation. if the preliminary soil report
indicates the presence of critically expansive soils or other soil
problem which, if not corrected, would lead to structural defects,
a soil investigation of each lot in the subdivision shall be pre-
pared by a civil engineer who is registered by the State of Calif-
ornia. The soil investigation shall recommend corrective action
which is likely to prevent structural damage to each dwelling
proposed to be constructed on the expansive soil. The report
shall be filed with the Department of Public Works.
(3} Approval of soil investigation. The Department of
Public Works shall approve the soil investigation if it determines
that the recommended corrective action is likely to prevent struc-
tural damage to each dwelling to be constructed on each lot in
the subdivision. .Appeal from such determination shah be to the
Board of Supervisors. Subsequent building permits shah be
conditioned upon the incorporation of the approved recommended
corrective action in the construction of each dwelling.
20-73 The security furnished by the subdivider may be
released in whole or in part by the Director of Public Works
pursuant to Section 66499.7 of the Government Cade.
20-74 Park Dedication Requirements. Park Dedication re-
quirements shall apply to all residential subdivisions for which a
tentative subdivision map is required, which are divided into
lots averaging two acres or less.
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20--75 Land dedication for local park or recreational facil-
ides shall conform to the county's recreation element of the
general plan and to subsequent revisions of the general plan,
20-7& At the time of filing a tentative subdivision map
for approval, the subdivider of the property shall, as a part of
such filing, indicate whether he desires to dedicate property for
park or recreation purposes, or whether he desires to pay a fee
in lieu thereof or a combination of dedication and in lieu fees.
If he desires to dedicate land far this purpose, he shall
designate the area thereof on the tentative subdivision map as
submitted.
In order to facilitate decisions regarding dedication of
land for local parks, the subdivider shal<1 furnish with the
required tentative map of the subdivision, a tabulation of the areas
showing the number and type of dwelling units in each area. The ',
tabulation may be waived by the planning director if in his
I
judgment the information is not necessary. ~I
20-77 At the time of tentative map approval by the advisory
agency, after consultation with the appropriate director of
parks and recreation, advisory agency shall determine as a part
of such approval whether to recommend dedication of land within
the subdivision, payment of a fee in lieu thereof, or a com--
bination of both. In making this determination, the adv~:isory.agency
shall include in its consideration the following factors:
(I) That lands offered for dedication will substantially
comply with the recreation element of_ the general plan;
27.
~. (2) The topography, soils, access and location of land
2 in the subdivision available for dedication;
3 {3) The size and shape of the subdivision and land
4 available for dedication;
S (4) How much land consisting of school playgrounds is
g available far combination ~;,~~~~'ri;,~~t dedicated lands in the formation
7 of local park and recreation facilities; and
g {5) The open space or 1oca1 recreation facilities
g to be privately owned and maintained by future residents of the
10 subdivision.
].I 2C-78 -Park Dedicat~.on in-Subdivisions Having Fifty Lots or
12 More. Tn subdivisions having fifty lots or more, the subdivider
i3 or owner shall dedicate such land for 1oca1 parks as is acceptable
14 to the County Board of Supervisors, or pay in lieu fees according
15 to the following formula in which:
16 "Dwelling unit" means one or more rooms in a building or
L7 structure or portion thereof designed exclusively for residential
~,g occupancy by one family for living or sleeping purposes and having
Tg kitchen and bath facilities, including mobilehomes.
20 "Multiple family area" means an area of land used for or
21 proposed for residential occupancy in buildings or structures
22 designed for two or more families for living ar sleeping purposes
23 and having kitchen and bath facilities for each family, including
24 two family, group and row dwelling units, and apartments. Tt also
2g includes an area of land used for or proposed for mobilehomes:
26 .....
28.
~ "Single family area" means an area of land used for or
2 proposed for detached buildings designed for occupancy by one
3 family.
4 Dl = number of dwelling units in a single family area
~ Dm = number of dwelling units in a multiple family area
g Al = amount of land required for dedication in acres in the
7 single family area.
g Am = amount of land required for dedication in areas in the
g multiple family area.
Zp (1} Single family areas formula: D1 x .00$ ~ Al
lZ (2) Multiple family areas formula: Dm x .005 ~ Am
12 The factors .008 and .005 are constants determined from an
13 analysis of population trends and studies, which when multiplied
i4 by the number of dwelling units permitted in the subject area
15 will produce two to two. and one-half acres per one thousand
ig population as set forth in the local recreational space element
17 of the general plan should be devoted to neighborhood park
~g facilities, In multiple family areas the number of dwelling
Zg units used shall be calculated from the maximum density permitted
2p in the proposed zone as determined from the zoning code of Butte
2Z County, as amended, unless the subdivider enters into an agree-
22 went with the County for a lower density. In the event the amount
23 of land calculated to be dedicated in acres pursuant to the above
24 formula is less than one acre of continuous, useable and accessible
25 area, excluding therefrom rights-of-way for drainage, streets or
26 other purposes, a fee in lieu of-said dedication shad be paid.
29.
~, 20=7R Park Fees in Subdivisions Having Less Than Fifty
2 Lots. ~n a subdivision. having less than fifty Tots, or where the
g subdivision has fifty Lots or more, but the land for local parks
4 or recreational purposes cannot be located within the subdivision
5 in accordance with the recreation element of the general plan or
6 subsequent revisions to the general plan or where other more
7 suitable land is available as determined by the advi.;sory~_agency upon
$ advice of the appropriate director of parks and recreation, the
~ subdivider or owner shall pay to the County for use in supplyi~c~.g
z4 Local park or recreational facilities within one mile of all lots
11 in the subdivision, a sum calculated pursuant to the following
12 formula, in which:
~~ A = amount of land in acres that would be required with the
i4 application of the formulas (l) and (2) in Section
15 20-7$.
16 V =full cash value per acre of the property to be subdivided
17 as determined by the latest equalized assessment roll..
Z$ M = number of dollars to be paid as the in lieu fee.
19 Tn Lieu fee formula: A x V = M
2p 24$4 Park Dedication in Subdivisions Having Less Than
2Z Fifty Lots. Nothing in this chapter shall prohibit the dedication
22 of land for park and recreational purposes for residential
23 subdivision of less than fifty lots, provided the subdivider and
24 the adv-sosy~age_~.cy ~:d_et:~x'~xke that dedication of land is desirable and
25 the land meets the tests prescribed in Section 24-78.
26 .....
34.
1 20-81 Credit for Privatel_y_Owned__Facilities. The Board of
2 .Supervisors may grant credit for privately owned and maintained
~ open space or local recreation facilities, or both, in planned
4 unit developments adopted pursuant to the zoning code of Butte
5 County, or mobilehome parks as defined in the zoning code of Butte
6 County. Such credit if granted in acres or comparable in lieu fee
7 shall be subtracted from the dedication and/or fees.
g (1} Yards, .court areas, setbacks, and other open space
g areas required to be maintained by this article and other
10 regulations sha11 not be included in private open space and local
Z1 recreation credit:
12 (2} Provision is made by written agreement, recorded
13 covenants running with the land, or other contractual instrument
Z4 -that the areas sha11 be adequately maintained;
15 (3) The use of private open space or recreation facili-
16 ties is limited to park and local recreational purposes and shall
17 not be changed to another use without the express written consent
18 of the Board of Supervisors of the county.
19 Land or facilities or both which may qualify for credit
20 towards the land dedication or in lieu fee, or both, will
21 generally include the following types of open space or local re-
22 creational facilities:
23 (a) Open spaces, which are generally defined as
24 parks and parkway areas, ornamental parks, extensive areas with
23 tree coverage, low lands along streams or areas of rough terrain
26 when such areas are extensive and have natural features worthy of
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scenic preservation, golf courses, ar open areas on the site xn
excess of twenty thousand square feet,
(b) Court areas, which are generally defined as
tennis courts, badminton courts, shuffleboard courts or. similar
jhard-surfaced areas especially designed and exclusively used for
~ court games,
(c) Recreational swimming areas, which are defined
generally as fenced areas devoted primarily to swimming, diving
or both, including decks, fawned areas, bathhouses, or other
facilities developed and used exclusively for swimming and diving,
(d} Recreational buildings, designed and
-used for the recreational needs of the residents of the
development,
(e) Special areas, which are generally defined as
areas of scenic or natural beauty, historic sites, hiking, riding
or motarless bicycle trails, including pedestrian walkways
I
separated from public roads, planting strips, lake site or river
beaches, improved access or right-of-way in excess of requirements,
andother similar type open space ar recreational facilities which
in the sole judgment of the Board of Supervisors qualifies for
credit.
20-82 Computation of Credit. The categories for credit
for private open space and facilities described shall be given
equal weight, each category not to exceed twenty percent of the
total which may be granted by the Board of Supervisors, The Board
may, however, upon petition of the subdivider grant additional
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credit for each of the above categories if there is substantial
evidence that:
(1} The open space or recreational facility is superior
in esthetic quality, arrangement, design; or
(2} The open space or recreational facility is clearly
proportionately greater in amaunt or size than required by this
article or usually provided in other similar types of development;
or
(3} The open space or recreational .facility is situated
so as to complement open space or local recreation facilities in
other private or public developments, provided, however the maximum
credit which may be given for privately owned and maintained
open space and recreational facilities shall not exceed seventy-
five percent of the amount of land required for dedication, fee
to be paid in lieu thereof, or combination thereof as computed by
Sections 20-75 'through 20-82.
20-83 Limitations. Dedicated land and fees are to be used
for the purpose of providing local park or recreation facilities
to serve residents of the subject subdivision. If the general
plan of the county calls for a larger park or recreational
development within one mile of all residents of the neighborhood
containing the subdivision, the lands or fees may be applied to
local park ox recreational facilities within the larger recrea-
Lion area.
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20-84 Access Requirements. All land offered for dedicat~onl
to local park or recreational purposes shall have access on at
least ane existing or proposed public street. This requirement may
be waived by the Board of Supervisors if the atlvi~'s'o~.y~agency and the
Board of Supervisors determine that public street access is
unnecessary for the maintenance of the park area or use thereof
by the residents.
2Q=$5 Time Limit For Development. The Board of Supervisors,
the subdivider and any special district or association shall at the
time of approval of the final subdivision map, agree upon a time
for commencement of development of the local park or recreation
facilities. In general, thetime for development of the neighbor-
hood park, and the proportion of the park to be improved, should
be related to the anticipated time for completion of a sub-
stantial portion of the residential units to be constructed
in the neighborhood; however, when land is dedicated in or adjacent
ta, a subdivision, then development of the dedicated park site
(will commence not mare than eighteen months following completion
of the street improvements in the subdivision, providing
construction of at least fifty percent of the residential units
in the subdivision is completed at that time, and if not, then
within ninety days after construction of fifty percent of the
residential units in the subdivision has been completed. On just
cause shown, by mutual agreement, the subdivider, special district
34.
1 or association, owner, and the Board of Supervisors may amend the
2 agreed upon time schedule for the development of the park or
3 recreation facilities.
4 20-86 Administration. Lands dedicated or fees paid sha11
5 be administered by the appropriate parks and recreation district.
6 The Board of Supervisors may delegate the responsibility for
7 providing local park or recreation facilities to a special district
g or association.
g 20-87 Bond. In the event that an association assumes
lp responsibility for construction of local park or recreational
lZ facilities, a surety bond to be approved by the Board of
I2 Supervisors shall be furnished by the association in an amount
13 equal to the cost estimate approved by the director of the appropri to
24 parks and recreation district and by its terms to insure to the
15 benefit of that district for land acquisition purposes or the
Ig cost of first-stage park improvements or both. In lieu of the
I7 performance bond, a cash deposit or instrument of credit shall
lg be made with the county or with an escrow depository as provided
Ig in the Subdivision Map Act. The surety shall be fully released by
2p the county upon completion of the proper land acquisition for
21 parks or completion of first stage park development approved by the
22 director of the appropriate parks and recreation district.
23 20-88 Facility Under Jurisdiction of Political Subdivision.
24 If a special district or other political subdivision assumes
2g responsibility for providing a particular local park and
26 recreation facility, title to the park lands dedicated for the
35.
x 1oca1 park and recreation facility shall be conveyed to that distri t
2 or other political subdivision. All in lieu fees paid for use in
~ connection with that particular local park and recreation facility
4 shall be deposited with the Butte County auditor in the name of
5 the district or other political subdivision and shall be with-
g drawn only upon the order and direction of the governing body
7 thereof. Land and fees shall be used exclusively for the acquisiti n
g of the particular local park and recreation facility.
g 20-89 Sale of Dedicated Land. Tf during the ensuing time
1p between dedication of land for park purposes and the commencement
11 of first stage development,circumstances arise which indicate that
12 another site would be more suitable for local park or recreational
1g purposes serving the subdivision and the neighborhood (such as
14 a gift of park land or change in school location) by mutual agree-
15 went of the subdivider or owner and the Board of Supervisors the
16 dedicated land may be sold upon the approval of the Board of
17 Supervisors with the resultant funds being used for the purchase
18 or development of a more suitable site. Tf the agency respon-
~g sib le for development fails to fulfill terms of the provisions of
20 this chapter relating to park development, the Board of Supervisors
21 may ,return the funds or lands to the subdivider or owner.
22 20-90 School Site Dedications.
23 A. Requirements. As a condition of approval of a final
24 subdivision map, a subdivider who develops or completes the
2g development of one or more subdivisions within a school district
2g shall dedicate to the school district such lands as the Board
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of Supervisors shall deem. to be necessary for the purpose of
constructing thereon schools necessary to assure the residents
of the subdivision adequate school service.
B. Procedure. The requirement of dedication shall be
imposed at the time of approval of the tentative map. If within
thirty (34) days after the requirement of dedication is imposed
~'Iby Advisory Agency or the Board of Supervisors the school
district does not offer to enter into a binding commitment with
the subdivider to accept the dedication, the requirement sha11 be
automatically terminated. The required dedication may be made any
time before, concurrently with, or up to sixty (64} days after
the filing of the final map on any portion of the subdivision.
C. Payments to subdivider for school site dedication.
The school district shall, if it accepts the dedication,
repay to the subdivider or his successors the original cost to the
subdivider of the dedicated land, plus a sum equal to the total
of the following amounts:
(1) The cast of any improvements to the dedicated
land since acquisition by the subdivider;
(2) The taxes assessed against the dedicated Land
from the date of the school district's offer to enter into the
binding commitment to accept the dedication;
(3) Any other costs incurred by the subdivider in
maintenance of such dedicated land, including interest costs
incurred on any loan covering such land.
Y
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1 D. Exceptions. The provisions of this section shall not be
2 applicable to a s ubdivider who has owned the land being subdivided
3 for more than ten (10) yeazs prior to the filing of the tentative
4 maps.
5 ARTICLE V Parcel Maps
6 20-94 When a Parcel. Map is Required
20-95 When a Parcel Map is Not Required ~,
g 20-96 Filing Applications for Parcel Maps
g 20-97 Time of Filing
1d 20-98 Application Filing Fee
lI 20-99 Staff Reports
12 20-100 Advisory Agency Action on Application for Parcel...
Maps
13
14 20-101 Disapproval of Applications
lg 20-102 Advisory Agency Disapproval
lg 20-103 Expiration of Time and Extension of Time
17 20-104 When Parcel Maps May be Waived
18 20-105 Conditians of Trdaiver
lg 20-106 Appeal
20 20-107 Filing Parcel Maps ',
21 20-108 Data 'to be Submitted with Final Map
22 20-109 Action an Parcel. Map ',
23 20-110 Waiver of Signatures
24 20-111 Parcel Map Checking Fee
25 ..... :... _. ._
k
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20-9~ When a parcel map is required. Parcel. maps shah be ~
required in the case of subdivisions creating:
(a} Fewer than five parcels ',
{b) Five or more parcels, where:
{I} The land before division contains less than ',
five acres, each parcel created by the division abuts upon a
maintained public street or highway and no dedications or improve-
menu are required, or ',,
(2} Each parcel created by the division has a gross
area of 20 acres or more and has an approved access to a
maintained public street or
{3} The land consists of a 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 or commercia
development and which has the approval of the Board of Super-
visors as to street alignments and widths, or
(4) Each parcel created by the division has a
gross area of 40 acres or more, or each of which is a quarter-
quarter section or larger.
20-9,~ When a Parcel Map is Not Rec~.uired.
(a) Subdivisions created by short--term leases
(terminable by either party on not more than 30 day's notice in wri
ing) of a portion of the operating right-of-way of a railroad
corporation defined as such by Section 23.0 of the Public Utilities
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Code, unless a showing is made in individual cases, upon substan-
j tial evidence, that public policy necessitates such a parcel
~ map .
(b) For any conveyance or agreement made solely for
the purpose of correcting, confirming or relocating a boundary
.common to abutting lots or parcels provided that the approval
of the advisory agency is obtained, based upon:
(1) The resulting lots sha11 comply with the
provisions of this chapter and the applicable zoning regulation
(2) No additional lot is created.
(c) For any subdivision creating parcels of more than
40 acres or quarter-quarter section, excepting that a subdivider
may make application for review pursuant to section 20-96.
20-96 Filing Applications for Parcel Maps. The owner
(or his desa.gnated agent) shall file an application with
the Planning Department.
The submitted material shall conform to the requirements
of the rules of the advisory agency as to form and content.
20-97 The time of filing an application shall be fixed as
date when:
(l) All maps and information required by this
chapter have been filed, checked, and accepted as completed
by the Planning Director;
(2} Environmental procedures have been
completed;
(3) The required fees have been paid.
4C.
1 If any required data are missing, the Planning Director sha11 so
2 notify the subdivider or his agent within five working days, in
3 which case no filing shall be accepted until all necessary data
4 are received.
5 20-98 Every subdivider shall, at the time of filing an
6 application, pay to the County a filing fee in accordance with fee
7 schedule set forth by resolution of Butte County Board of
$ Supervisors.
~ 2a-99
10 A. The Planning Director shall prepare a written report to
11 the advisory agency on such application. This report shah.
12 consider the relationship of the application to the Subdivision
z3 Map Act, this chapter the Zoning Code of Butte County, County
14 ordinances, the general plan, specific plans, and Board adopted
15 community plans .
16 B. The Planning Director shall deliver a copy of his report
17 on the subdivider or his agent-by mail, or in person, at least
18 five days prior to any hearing or action on the application. Any
19 changes in the report and additions shall also be delivered in the
20 same manner at least three days prior to the next hearing or
21 action on the application.
22 20-100 Advisory Agency Action on Applicatian_for Parcel
23 Maps. The advisory agency shall examine the application far a
24 parcel map with the subdivider at hearing, and shall:
25 (1) Hear and consider the staff report of the Planning
26 -Director, the report of, the Environmental Coordinator, and the
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i responses or comments of any other County department, the sub-
2 divider and other interested parties.
3 (2) Determine whether the design and
4 improvements shown on the application conform to the requirements
5 of the Subdivision Map Act, this chapter, the Zoning Code of Butte
g County, County ordinances, improvement standards set forth by
q resolution of the Board of Supervisors, the general plan,
g specific plans of the County, and adopted community plans.
g {3) Determine whether the discharge of waste from the
~p proposed division of land into an existing septic system or
11 community sewer system would result in violation of existing
I2 requirements prescribed by a California regional water quality
13 control board pursuant to Division 7 (commencing with Section
i4 13000 of the Water Code).
15 (4} Within fifty days of the filing application the
~6 advisory agency shall approve, approve with conditions, or dis-~
i7 approve the application and report its action to the subdivider.
lg 20-101 Disapproval of Applications.
19 A. The advisory agency sha11 disapprove an application for
20 a parcel map if it finds that the application is not consistent
21 with the general plan.
22 B. The advisory agency sha11 disapprove a parcel map if it
23 determines:
24 (1) That the proposed land division is inconsistent
2g with specific plans or with Board adopted community plans.
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(2) That the design or improvement of the application
is not consistent with applicable general and specific plans.
(3) That the site is not physically suitable for the
type of development.
(4) That the site is not physically suitable for the
proposed density of development.
(5) That the design of the land division or the pro-
posed improvements are likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife
or their habitat.
(6) That the design of the land division ar the type of
improvement is likely to cause serious public health problems.
(7) That the design of the land division or the type of
improvements will conflict with easements, acquired by the public
at large, for access thraugh ar use of, property within the propos-'
ed subdivision. In this connection, the governing body may approve ',,
an application if it finds that alternate easements, for access
or:_far use, wi11 be provided, and that these will be substantially
equivalent to ones previously acquired by the public. This
subsection shall apply only to easements of record or to ease-
ments established by judgment of a court of competent jurisdiction
and no authority is hereby granted to a legislative body to
determine that the public at large has acquired easements for
access through or use of property within the proposed land
division.
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(8) That the proposed land division violates the
provisions of this article and no exception has been granted.
•(9) That the proposed land division violates the
provisions of the Zoning Code as to area, setback or frontage
requirements and no variance has been granted,
20~-102 The advisory agency may disapprove an application for
a parcel map if it determines that:
(I) The proposed land division would enlarge, expand,
or extend a non-conforming use of t1~.eIand under the Zoning Code
of Butts County.
(2) The proposed land division would violate any
Mother County ordinance,. or any County Code provision.
(3) The discharge of waste from the proposed land
division into septic system or co~nunity sewer system would
result in violation of existing requirements prescribed by a
California regional water quality control. board pursuant to
Division 7 (commencing with Section 13000 of the dater Code).
20--103 Expiration of Time ~d~~Extension o~ Time . The ap-
proval or conditional approval of the application shall expire
eighteen months from dale of approval, during which time the
parcel map may be presented to the Director of Public Works as
provided below for acceptance and recordation. An application for
extension shall be filed with the advisory agency through the
Planning Department.
The advisory agency may extend its approval far an additional
eighteen months, if the approval for extension of time is
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1 granted prior to the original expiration date.
2 20--104 When Parcel Maps May be Waived. The advisory agency
3 may waive the requirement for a parcel map in any case where the
4 proposed subdivision is a division into four or fewer parcels, and
5 (a) Where the land being divided consists of a lot or
g parcel shown an a recorded parcel map or final subdivision map
7 or a legally created parcel and the full, street improvements
g have been constructed or monumentation is evident; or
g (b) Where each has a gross area of forty acres or more
10 or each of which is a quarter-quarter section or larger.
11 20-105 A Waiver May be Granted Only If:
12 {a) The subdivider files an application with the Public
13 Works Department stating the existence of monuments or street
14 improvements prior to consideration of the waiver by the advisory
15 agency.
16 (b} The submitted material conforms to the requirements
17 of the advisory agency as to form and content.
18 (c) The application contains a legal. description fora:.
19 each of the newly created parcels and is monumented on the ground
20 and ~a record of survey is recorded.
21 (d) The advisory agency finds that the praposed division
2~ of land complies with requirements as to-area, improvement and
23 design, flood water control, appropriate ,improved public roads,
24 sanitary disposal facilities, water supply availability, environ-
2g mental protection, other requirements of .this chapter.
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(e) Provided further, however,. that if all of the
resulting parcels from the division is in excess of lb0 acres ar a
quarter section, this board finds that the proposed division does
comply with the requirements as to area, improvement and design,
flood water drainage control., appropriate improved public roads,
sanitary disposal facilities, water supply availability,
environmental protection in that this board determines that a
parcel in excess of l60 acres located within this county will
meet the aforementioned criteria.
20-106 Appeal.. Appeal. from any decision of the Subdivision
Committee may be made by this applicant in the same manner,
procedure, and time limitation as is provided in this
chapter for appeals on tentative maps.
20-107 Filin Parcel Ma s. Any time before expiration of
an approved tentative parcel. map a subdivider may cause a parcel
map to be prepared substantially'zi~. conformance with the approved
application conforming to the provisions of the Subdivision Map Act
and of this chapter.
20-108. Data to be Submitted with Final Map. The applicant
shall include with application:
(l) The required fees
(2) The preliminary title report or Lot Sook report
showing easements.
{3) The deeds establishing the boundaries of-the
property.
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(4) The deeds establishing all, existing and proposed
easements and rights of way on the property.
(5) Copies of all lot and boundary closures the
developer shall also comply with all requirements of the deign
'standards as adopted by the Board of Supervisors.
20-1.09 Action on Parcel Map. The parcel map shall be
submitted to the Director of Public Works for his examination
prior to recording. If the director deems that the parcel map
is in substantial conformity with the approved application and its
conditions, the Subdivision Map Act, and this chapter he shall so
certify on the parcel. map and within twenty days of submission
or resubmission present the map to the County Recorder for
recording in the official records of the County.
20-110 Waiver of Signatures. A certificate on the map,
ar an affidavit, signed and acknowledged by all parties having
any record title interest in the real property subdivided,
consenting to the preparation and recordation of the parcel. map
is required except as follows:
(a) Neither a lien. for state, county, municipal or
local. taxes, nor for special assessments, nor beneficial or trustee
interest under trust deeds, nor a trust interest under bond
indentures, nor mechnaics' liens constitute a record title interest
in sand for the purpose of this chapter.
(b) Signatures of parties awning the following types
of interests shall be omitted if their names and the nature of
their respective interests are stated on ,the parcel map:
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(l) Rights-of-way, easements or other interests
which cannot ripen into a fee, except those owned by a public
entity or public utility unless it is determined by the legisla-
tive body that division and development of the property in the
manner set forth on the parcel map will not unreasonably inter-
Mere with the free and complete exercise-that such signatures may
be required by a local agency. If such signatures are not
'required by the local agency, the subdivider shalt send by
certified mail, a sketch of the proposed parcel map, together
I'Iwith a copy of this section, to any public entity or public utility
'~iwhich has previously acquired a right-of-way or easement. If the
public entity or public utility objects to recording the parcel map
without the signature of each public entity ar public utility, it
',shall so notify the subdivider and legislative body within 30 days
'after receipt thereof, otherwise the signature may be emitted.
'Failure of the public entity or public utility to object to
recording the parcel map without its signature shall in no way
affect its rights under a right-of-way or easement.
(2) Right-af-way, easements or reversions, which
by reason of changed conditions, long disuse or lathes appear to
be no longer of practical use ar value and signatures are impossibl
or impractical to obtain. A statement of the circumstances
preventing the procurement of the signatures shall also be
stated on the map.
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(3) Interests in or rights to minerals, including
but not Limited to oil,. gas or other hydrocarbon substances, if
{i) the ownership of such interests or rights does not include a
right of entry on the surface of the land, or (ii) the use of
the land, or the surface thereof, in connection with the ownership
of such interests or rights, is prohibited by zoning or other local
ordinances or regulations, provided that .such signatures may be
required by a local agency.
{c) Real property originally patented by the United
States or by the State of California, which original patent
reserved interest to either or both of such entities, may be
included in the parcel map without the consent of the United .
States or the State of California thereto or to dedications made
thereon.
24-111 Parcel Ma Checkin Fee. The fee for checking each
parcel map under the provisions of this chapter shall be in
laccardance with fee schedule set forth by resolution of the
Butte County Board of Supervisors. The fee shall be paid to the
.County prior to review by the Director.
ARTICLE VT DESIGN STANDARDS
Sections:
20-124 Compliance Required
20-121 Lot Shapes and Configurations
24-122 Minimwn Ilepth
24-123 Double Frontage Lots
24-124 Access to Public Resources
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~, 20-125 Grading
2 20-126 Streets and Highways
g 20-127 General Plan Street Pattern Design
4 20.128 General Plan Public Streets Required
5 20-129 Dedication of Access Rights along Thoroughfares
g 20-130 Dedication of Access Rights- Other Streets
q 20-131 Alleys
g 20-132 Provision for Future Extension
g 20--3.33 Cut-de-sac Streets
lp 20-134 Minimi~.m Widths
11 20-135 Block Lengths
12 20-136 Private Access
1~ 20-I37 Street Alignment
14 20--138 Street Intersection Offset
15 20-139 Street Intersection Alignment
lg 20-140 Bicycle Paths and Pe destrian Ways
17 20-141 Design Standards
lg 20-142 Easements
lg 20-143 Widths Along Streets and Side Lot Lines
20 20-144 Reservations
2Z 20-145 Public Improvements
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20-.120 Compliance' `~egii~xed. To insure that proposed
subdivisions are developed in the best interest of the. peopXe of
Butte County, Land subdivided under the provisions of this
chapter shall conform to the design standards of this chapter and
to any standards and specifications for construction and materials
adopted by resolution of the Board of Supervisors.
20-121 Lat Shapes_ and Configurations. Lots on a curved stree
or the rounded end of a cul-de-sac shah. provide the minimum
frontage at the required setback line.
20-122 The minimum depth of a lot shall not be less than
100 feet.
The depth of a lot shall not emceed three times its width
when the lot has a width of less than 250 feet except;
(l) in areas planned on the General Plan for permanent
,agricultural, recreation, recreational. reserve, commercial,
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industrial intensive and industrial extensive.
(2) the full depth of the Zot-will not be buildable
due to unusual topography such as the existence of steep slopes,
flood plains, and bodies of water.
(3) The full depth of the lot will not be buildable
due to the existence of dedicated easements.
{4} A future street pattern in accordance with the
General Plan and an adopted community plan which provides far
further divisions which will eliminate excessive depth to
width ratios.
{5} When relieved of the aforesaid requirements
by the Board of Supervisors
20-123 Lots shall not have double frontage except where
further subdivision is anticipated which would eliminate the
double-frontage condition.
20-124 All subdivisions adjacent to public natural re-
sources, including any lake or reservoir owned in part or wholly
by any public agency, shall be designed ~a provide reasonable publ
access to those resources as required by the Subdivision Map Act,
Chapter 4, Article 3.5; Government Code Section 6647$.1 et seg..
20-125 All subdivisions shall be designed so that grading
incidental to the construction in the subdivision complies with
the requirements of the Butte County Code and any other code
section, ordinance or resolution regulating the grading of land
in the County.
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A1.1 subda.visions shall be designed so that existing trees
shall be preserved according to the requl.rements of the Depart-
went of Public ~+Torks. Street trees of an approved type shall:
be planted when required by the improvement standards as adopted
by resolution of the Butte County Board of Supervisors.
20-12b Streets and Highways. If the circulation element of
the general plan shows any highway or major arterial so located
that any portion thereof lies within the proposed subdivision, sucY:
portion shall be dedicated and shown as a highway or part of a
highway within such subdivision in the general plan.
20-127 The location, width and alignment of streets shall
conform to the general plan and board approved community plans
and be arranged to produce the most advantageous development of
the area in which the subd~.vision lies.
20-128 Each parcel of land planned on the general. plan
for low and medium density residential purposes~~hall be served
by.a public street or approved access. Whenever proposed land
divisions create lots without public street .frontage the developer
shall provide proof of access in accordance with design re--
solution.
20-129 Where a subdivision abuts on thoroughfares or
expressways the access rights may be dedicated to the County,
except zn those instances where the advisory agency determines
that some access is desirable.
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1 20-130 On minor and collector streets dedication of access
2 rights may be required where lots are served by more than one
3 street.
~ 20-131 Alleys may be required at the rear of properties.
5 2~0-132 Where a subdivision adjoins unsubdivided land,
g adequate or necessary street~~dedicat~on in the subdivision shall
7 ordinarily be extended to the adjacent unsubdivided land to
$ provide access in the event of its future subdivision, and in a
~ manner to provide the most advantageous development of the street
10 pattern in the area.
11 20-133 A cul-de-sac street in a single family dwelling
12 residential subdivision shall not exceed .five hundred feet in
13 length and not serve more than twenty dwelling units. Street
14 temporarily dead ended at a property line, but planned far future
15 extension shall be provided a cul-de-sac in accordance with the
16 'design resolution.
17 20-13~ Normally a minimum 60 foot street right of way
18 shall be required. A minimum 50 foot street right of way sha11
19 be permitted for local access streets, a short through street,
20 or unusual situation where a cul-de-sac is appropriate. In an
21 industrial area a.~minimum b0 foot right of way is required.
22 20-135 Blocks shall not exceed 450 feet in length, unless
23 the adjacent development or topographical conditions justify a
24 variation from this requirement. Lang blocks shall be provided
25 adjacent to main thoroughfares in order to reduce the number of
26 intersections. ~ .
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20-136 Each parcel. of Land to be used for residential
purposes shall have an approved access to a maintained pubLi.c
street or highway.
20-137 The centerlines of streets which are the extensions
of existing streets shall continue the centerlines of the
existing streets, as far as practicable, either in the same
direction or by adjustment curves.
20-138 Streets entering upan apposite sides of any given
street shall have their centerlines located directly opposite
each other as far as practicable, or the centerlines bcated shall be
offset at least I20 feet for minor residential streets, and at
least 200 feet for all other streets.
20-139 The centerlines of streetes shall intersect one
another as nearly at right angles as practicable and shall not
be excessively curved.
20-140 Bicycle Paths and Pedestrian Ways. 1n subdivisions
of 200 or more parcels dedication or an irrevocable offer of
dedication may be required for such additional land as is necessary
to provide for bicycle paths for the use and safety of the resident;
of the subdivision.
20-141 Pedestrian ways shall have a minimum width of
20 feet and may be required:
(I) through the middle of bl..ocks over 1, 300 feet zn
.Length,
(2) to connect dead-end streets or
(3) to provide access to parks, schools or similar
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facilities. Such access are to be dedicated to and maintained
by the agency served.
2p•-142 Ea:s~en~ex~ts. Easements for storm drainage, sewers
or other public utilities may be required. In the event that the
subdivision is traversed by any water course, channel, lake
stream, or creek, the subdivider shall. provide rights-of-way or
easements for storm drainage purposes either conforming sub-
stantially with the lines of such watercourse, channel, lake,
stream, or creek; or he shall provide necessary rights-o•f-way or
easements for any changes in the channel.. The width of the rights--
of-way or easements shall be adequate to pravide for the necessary
maintenance of the channels and incidental structures.
20-143 Dedication or irrevocable offer of dedication of
real property wit~n the subdivision may be required for streets,
alleys, including access rights and abutters rights, drainage, publ
utility easements and other public easements. However where the
subdivision creates fewer than five parcels such dedication sha11
be limited to right-of--way, easements, and the construction of yeas n-
able offsite and onsite improvements for the parcels being created.
20--144 Reservations. Areas of real property within the
~ subdivision sha11 be reserved for parks, recreational facilities,
fire stations, libraries or other public uses, consistent with
the adopted specific plan or adapted general plan provided:
(1) The reserved area is of such size and shape as
to permit the balance of the property within which the reservation
is located to develop in an orderly and efficient manner.
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(2) The amount of land ~zeserved wi11 not make develop-
went of the remaining land held by the subdivider economically
unfeasible.
(3) The reserved area shall conform to the General
Plan or an adopted specific plan and shall be in such multiples
of streets and parcels as to permit an efficyent division of the
reserved area in the event that it is not acquired within the
prescribed period; in such event, the subdivider shall make
those changes as are necessary to permit the reserved area to
be developed for the intended purpose consistent with good
subdividing practices.
20-145. (Reserved)'
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20-14b All required improvements shall be installed to
permanent line and grade to the satisfaction of the Director of
Public Works.
20-147 When it is apparent that the construction of the
improvements in a proposed sub division w~.11 leave contiguous areas
of substandard improvement, and which substandard improvement will
create a condition detrimental to public safety, health, interest
and convenience, then the advisory agency may recommend the
simultaneous improvement of reasonably contiguous areas consistent
with the purpose and intent of this chapter. When such a
recommendation is made the hoard of Supervisors shall make a
',specific finding that such improvements wi11 be of public necessity
land convenience if it imposes the requirement.
20-148 Where circumstances dictate that in the public intere t
the improvements installed by the sub divider for the benefit .of th
subdivision shall contain supplemental size, capacity or number for
the benefit of property not within the subdivision, such' improvements
.is~a~].~~E~::de~d~~a~ed c~,gc~~he~guk~i?cc t~~e ~~.~~:[_~i c. .
39 20-149 In the event of the installation of improvements
20° required by section 20-148, the local agency shall enter into an
2Z~ agreement with the subdivider to reimburse the subdivider for that
22 portion of the .cost of such improvements equal to the difference
23 between the amount it would have cost the subdivider to install
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such improvements to serve the subdivision only and the actual
cost of such improvements.
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20-150 In order to pay the costs as required by the
reimbursement agreement, the County may:
(a) Collect from other persons., including public
agencies, using such improvements for the benefit of real. property
not within the subdivision, a reasonable charge for such use.
(b) Contribute to the subdivider that part of the cost
of the improvements that is attributable to the benefit of real
''property outside the subdivision and levy a charge upon the real
property benefited to reimburse itself for such cost, together wit
interest thereon, if any, paid to the subdivider.
{c) Establish and maintain local benefit districts for
the levy and collection of such charge or costs from the property
benefited.
20--151 Any local agency within a local. drainage or sanitary
sewer area may adopt the plan and requirements imposed by the Coun
and impose a reasonable charge on property within the area which,
the opinion of the County, is benefited by such drainage or sanita
sewer facilities. The charge collected must be paid to the local
agency or subdivider constructing such drainage or sanitary sewer
facilities, and any local agency within the drainage or sanitary
sewer area may enter into a reimbursement agreement with the
subdivider.
20-152 Street lighting shall be provided as set forth below
hand in the improvement standards.
A. A street sighting system shall be furnished in place by
the subdivider along all interior and boundary streets within all
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subdivisions, including commercial and industrial subdivision, in
accardance with the standards set forth in the improvement
standards of the County, except that only electrical outlet far
lighting would be required where not detrimental to health and
safety.
S. The electroliers and all appurtenances thereto shall be
:located within the street right of way or within easements
dedicated for such purpose, and the electr.oliers shall be spaced
-along the street as required for the type of electrolier placed
in accordance with the improvement standards of the County.
C. For single family residential sub divisions having an
average lot streeb frontage of more than l25 feet, but not more
`than 204 feet, the street lighting system need not be placed along
the streets, but shall, as a minimum, be placed at all street
intersections, cut-de-sacs, and at other locations as required
by the Director of Public Works.
D. For planned developments, residential, commercial or
industrial developments where the internal streets are not offered'
for dedication, a street lighting system need not be installed
of the internal non-dedicated streets, but shall be provided by
the developer on the external public street frontage.
E. Street lights are not required for single family
residential subdivisions with an average-lot street frontage of
more than two hundred feet. In determining the average lot street
frontage, lots not designed for single family residential use
shall not be considered.
~a.
1 20-153 Water and sanitary service and public utilities shall
2 be provided as set forth below.
3 A. The construction and maintenance of wells and septic tank:
4 .shall meet the applicable standards or ordinances of the County.
5 B. Where a public sewerage facility is available to the
6 subdivision, but a public water system is not, the advisory agency
7 may upon recommendation of the director of Environmental. Health,
8 require installation of a public water system as a condition of
9 :approval of-the tentative map.
14 C. All subdivisions shall be provided with a public water
11 system as set forth in the design resolution.
12 20-154 Fire protection devices sha11 be provided as provided
13 below.
1~4 A. Fire hydrants, gated connections and appurtenances to
15 ;provid adequate fire protection, shall be furnished in place by
16 the subdivider, except a deposit may be required as an alternative.
17 The amount and other provisions relating to said deposit shall be
18 as provided in the design resolution.
~.9 B. The fire protection facilities shall be furnished in
20 accordance with the standards of the fire district in which the
2I 'subdivi.szan is located, or the improvement standards of the
22 County, whichever is greater.
23 Article VII Violations and Certificates of Compliance
24 20-160 Illegally Created Parcels.
2~ A. Subject to subsection B, below, .no county officer,
28 department or employee shall issue any permit or grant any approves]
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necessary to develop any real property which has been divided, or
which has resulted from a division, in violation of the provisions
of the State Subdivision Map Act or of the pravisions of this"=' : ~ '
chapter if the development of such real property is contrary to t
public health or the public safety. The authority to deny such a
permit or such approval shall apply whether the applicant therefor
was the owner of the real property at the time of such violation o
whether with, or without, actual or constructive knowledge of the
.violation at the timeco:~ the acquisition of his interest in such
real property. Provided, however, that such permits shall be issu~d
or approval granted if development of such real property is not
contrary to the public health or the public safety and a Certifica e
of Compliance is issued pursuant to this. chapter.
B. No building;, septic tank, or other land use permit of any
type shall be issued by any department, board or commission for an
parcel created between October 4, 1956 and June 27, 1963 in
violation of Ordinance No. 557 unless the person oarring said parcel
at the time of application for such permit, either:
1. Provides the access required by Ordinance No:. 557; ox
2. Executes an affidavit showing that as of the date j
he acquired ownership, said owner was unaware that said parcel
was created in violation of Ordinance No. 557. Each owner
of record as of the date of said application shall execute such an
affidavit. "Owner" shall include a person holding an option to
purchase or a purchaser under a contract of sale. Any permits
issued pursuant to such an affidavit shall b.e limited to one sin
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L family dwelling unit, together with accessary structures for each
2 : such parcel..
3 An applicant under this subsection shall be deemed to be
~ a "subdivider" far the purpose of appealing any decision rendered
fi pursuant to Section 20-1.60.
g 20-161 Notice of Violation. Whenever any county officer has
7 knowledge that real property may have been divided in violation
g of the provisions of the Subdivision Map Act or of this chapter,
g he shall report such knowledge to the Subdivision Committee which
~,p shall review the report, and if the Committee finds the circumstan es
l.~ warrant, it shall:
12 1. Set far hearing before the Subdivision Committee the
13 question whether or not there has been a division of land in
14 'violation of the Sub division Map Act or this chapter, and whether
15 a Notice of Violation shall be recorded in the office of the Count
16 Recorder.
1? 2. Mail a notice of said hearing to the owner of the propert
18 affected as shown on the latest assessment roll, said mailing to
19 be not less than fifteen {15) days before the date of said hearing.
20 Said notice shall contain a description of the location of the
23 .property involved, the assessor's parcel number or numbers, a
22 description of the possible violation, and a statement that a
2~ fin ding of a violation may result in the recordation in the office
24 of the County Recorder of a notice of such violation which will be
2~ constructive notice of such violation to subsequent owners of
26 the property, may result in the denial of permits or approvals
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necessary for the development of the said property, or may result
in the institution of criminal action against the owner of the
property.
3. Deliver a copy. of said notice to the planning, public
Works and Health Departments. After such delivery no permits or
approvals ~s:hall be issued until a final determination has been
made regarding recordation of a Notice of Violation.
20-1b2 Action b Subdivision Committee Re ardin Notice of
Violation. At the time of said hearing, after hearing the evider
.presented by the representative or representatives of the county,
the owners of the property, and any other interested persons,
the Subdivision Committee shall determine whether or not the
property has been divided or has resulted from a division in
violation of this chapter or the Subdivision Map Act.
If the Committee determines that the property has been
:divided or has resulted from a division in violation of this
chapter or of the Subdivision Map Act, it shall mail a notice so
stating to the owners of the property affected as shown on the
latest asse~s~sment roll, advising them of their right to appeal
this decision to the Board of Supervisors and further stating
that it shall record a Notice of Violation with the County
'Recorder containing the information specified in Section Cb499.3b
of the Government Code, Title 7, Division 2, when its decision
thereon has become final. Where appropriate, the Committee may
forward a copy of such notice to the District Attorney for
possible prosecution.
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~ if the Committee determines that no violation has occurred,
2 or that a violation has occurred but has been corrected, it shall
3 record a Certificate of Compliance in the form specified in this
4 chapter.
6 20-163 Effect of Recordation of Notice of Violation. Upon
6 recordation of such Notice of Violation, no county department,
7 officer or employee shall issue any permit or grant any approval
8 necessary to develop said property unless and until a Certificate
9 of Compliance has been issued for said property pursuant to this ',
10 chapter. Any permit or grant of approval issued in conflict with
I1 the provisions of this chapter shall be nu11 and void.
12 2Q-1b4 Recordation of Notice of Violation not Exclusive Reme
13 Nothing in this chapter shall be deemed to require the recording
~.~ of a Notice of Violation as a condition precedent to the enforce-
I5 ability of any of the provisions of this chapter or the State
I6 Subdivision Map Act.
17 20-165 Certificate of Compliance. Any person owning real
18 property may request the County to determine whether such real
~.9 property complies with the provisions of the Sub division Map Act
20 and of this chapter. Applications for such determinations sha11 b
2Z filed with the_Sub division Committee together with a plot plan,
22 such information as may be prescribed by the Committee, as set
23 by design standard resolution.
24 20-16b Action b Subdivision Comamittee on Re uest for
23 Certificate of Compliance. Within fifteen (15) days of a filing
2B of a request by a property owner for the issuance o:f a Certificate
65.
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~ of Compliance, the Subdivision Committee shall commence a review of
2 the request to determine whether the property or the division there
3 complies with the provisions of the State Subdivision Map Act and
4 this chapter, and whether a Certificate of Compliance shall be
5 issued and recorded in the office of the Recorder or denied.
6 20-1b7 Conditional Issuance of Certificate of Compliance.
7 If the Subdivision Committee determines that such real property
S does not comply with the provisions of the Subdivision Map Act or c
9 this chapter, but that development of such real property would not
14 be contrary to the public health or the public safety, it may
11 'grant a Certificate of Compliance. In such cases the Committee may
12 as a condition of granting a Certificate of Compliance, and in
~~ order to protect the public health or the. public safety, impose
14 such conditions as would have been applicable to the division of
15 the property at the time the current owner of record acquired
16 the property. Such conditions may be fulfilled and implemented by
17 .the property owner who applied for the certificate or by a grantee.
~$ of such property owner. If such conditions are not fulfilled or
Y9 implemented, the Certificate of Compliance shall have no force
20 or effect upon any subsequent transfer of the property, and any
2I subsequent transferee or assignee shall make a new application
22 for a Certificate bf Compliance pursuant to~5ection 20-lbb and the
23 .Sub division Committee may impose such conditions as would have
24 been applicable at the time such assignee or transferee acquired
25 the property.
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Z If such conditions are fulfilled to the satisfaction of ,
2 the Subdivision Committee, the ctrrent owner of record may request
3 that a Notice of Compliance be filed with the Butte County Recorde .
4 Said Notice of Compliance shall identify .the real property, the
5 book and page of the previously recorded Certificate of Compliance
e -and shall state that the conditions of the Certificate of
7 Compliance have been fulfiffed to the satisfaction of the '
8 Subdivision Committee.
9 20-168 Content of Certificate of Compliance. Any Certificat
10 `of Compliance recorded pursuant to this chapter shall identify
11 the real property and shall state that the division thereof compli s
12 -with applicable provisions of the Subdivision Map Act and of this
13 chapter. Zn addition, if the Certificate of Compliance is issued
1~ conditionally pursuant to Section 20-166 of this chapter and
15 Section 66499.35 of the Government Code, Title 7, Division 2, it
18 shall specify such conditions.
17 20-f69 Denial of Certificate of Com fiance. If the
18 Subdivision Committee determines that such real property does not
19 compfy with the provisions of the Subdivision Map Act or of this
20 chapter and that conditions cannot be imposed to protect the
21 public heafth and public safety, it shall deny the application for
22 a Certificate of Compliance and shall initiate Notice of Violation
23 proceedings pursuant to Section 20-f6d et se unless the owner
24 appeals or applies for approval of a subdivision or parcel map
25 pursuant to this chapter, in which event the Notice of Violation
28 procedures shall be held in abeyance untif a final decision is mad
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with respect to such appeal or map. Notice of denial. of the applic -
tion for a Certificate of Compliance shall be mailed to the applic t
advising him of his right to appeal the decisiont~ the Board of
jSupervisors and further advising that unless such an appeal. is
timely filed or application is made for approval of a subdivision
or parcel map, Notice of Violation procedures shall be initiated.
20--170 Subdivision Ma or ~'arcel Ma as Com fiance. A
recorded final. subdivision map or parcel map shall constitute a
Certificate of Compliance with respect to the parcels of real
property described therein.
20-171 Attendance of County Counsel. at Hearings; Continuance.
The Subdivision Committee shall notify the Butte County Counsel
of all hearings to be held with respect to notices of violation
and certificates of compliance. The said County Counsel or his
.designated deputy shall attend such hearings to advise the
Committee on legal. matters.
Such hearings or the Committee's deliberation on the
evidence after close of the hearing may be continued from time to
time, not to exceed a reasonable time.
20-172 Appeal. Any decision of the Subdivision Committee
regarding a Notice of Violation or Certificate of .Compliance may
be appealed by any interested person to the Board of Supervisors
within ZO days of the mailing of notice of the Committee's decisio~
thereon, pursuant to Section 20-b6 of this chapter. No Notice of
Violation or Certificate of Compliance shall be recorded until the
decision thereon has become final.
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24-7.73 Hearing Officer. Not withstanding anything to the
contrary in this Chapter, any hearings conducted pursuant to this
Article may be conducted by a hearing officer. The hearing office
.shall be appointed by the Board of Supervisors and shall be
reimbursed at the rate of $75.44 per day. The hearings before a
hearing officer sha11 only be al7_owed where either a written reque t
is filed with the subdivision committee by an applicant or where
the sub division committee itself refers the matter to the hearing
officer. Whenever a hearing office is utilized, the hearing
officer within l5 days of conducting the hearing shall make
written findings of fact and submit same to the sub division
committee, who sha11 either approve, conditionally approve, or
reject said findings or the hearing officer. Whatever the decisior
of the subdivision committee is with regard to the findings by the
hearing officer, appeal. therefrom shall be made pursuant to the
provisions of Section 20-172.
Article VTTI Reversions to Acrea e.
Sections
20-180 General
20-181 When a Reversion to Acreage by Final Subdivision
Map may be Filed by the Property Owners
24=.]S2 Tnztiation
24-183 Filing Petition
20-184 Filing Fee
20-185 When a Reversion to Acreage may be Fi1~ by Other
20-185 Actions on Reversions to Acreage by Final
Subdivision Map
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20-187 Hearing by Board of Supervisors
20-188 Return of Fees, Deposits; ,Release of Securities
20-189 Filing Final Subdivision Map for Reversion to
Acreage
20-190 When a Reversion to Acreage by Parcel Map maybe
Filed
20-191 Filing Fees
20-192 Actions on Reversions to Acreage by Parcel Map
20-193 Hearing Subdivision Review Committee
20-194 Hearing by Board of Supervisors
20-195 Filing Parcel Map for Reversion to Acreage
20-19b Delivery to County Recorder
20-197 Recordation
20-180 General.
Subdivided property may be reverted to acreage either by
final subdivision map or by parcel map pursuant to provisions of tY
chapter.
20-181 When a Reversion to Acrea e b Final Subdivision Ma
Ma be Filed b the Pro ert Owners.
20-182 Initiation. Proceedings to revert sub divided property
to acreage may be initiated by petition of all of the owners of
record o£ the property.
20-1$3 Filing Petition. The petition shall be filed with th
Director of Public Works.
The petition shall conform to the rules of the Sub division
Review Committee as to form and content. The rules of the
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committee shah require the following to be included in the
petition, as a minimum:
(1) Evidence of title to the real. property; and
{2) Evidence of the consent of all of the owners of an
'interest in the property; ar
{3} Evidence that none of the improvements required to
be made have been made within two years from the date the final.
sub division map or parcel map was filed for record, or within
'the time allowed by agreement for completion of the improvements,
'whichever is later; or
(4) Evidence that no lots shown on the final subdivisi
map or parcel map have been sold within five years from the date
such final subdivision map or parcel map was filed for record.
(5) A final subdivision map in the form prescribed by
Government Code §66443 which delineates dedications which will not
be vacated and any. dedication required as a.condition to reversion
24-184 Filing Fee;: The petitioner shall pay a fee as set fo
by Resolution of the Butte County Board of Supervisors. Such fee
shall be paid at the time of filing the petition.
20-1$5 When a Reversion to Acrea e Ma be Filed b Others.
-The Board of Supervisors at the request of any person or on its
own motion may by resolution initiate proceedings to revert proper
to acreage.
A. The Board of Supervisors shall direct the Director of
Public Works to obtain the information required by Section 20-183
above and present the matter for approval as prescribed herein.
71.
1 B. When the proceedings are initiated pursuant to this sectio ,
2 the person or persons who requested_bhe Board of Supervisors to ini iate
3 the proceedings shall pay a fee as set forth by resolution.
4 20-156 Actions an Reversions to Acrea e b Final Subdivision
5 Maw. The Director of Public Works shall prepare and present a
Q staff report to the Subdivision Review Committee.
q The Sub division Review Committee shall conduct a hearing and
g shall review the petition with the petitioner or Director of
9 Public Works and shall insure that the petition complies with the
10 requirements of this chapter, The Sub division Review Committee
11 .shall forward its report to the Board of Supervisors.
12 20-187 Hearing by Board of Supervisors. A public hearing
13 shall be held before the Board of Supervisors on all reversions
14 to acreage by final subdivision map.
15 A. Notice of the public hearing shall be given as provided
16 in Section 66451.3 of the Government Code.
17 B. The Board of Supervisors may approve a reversion to
18 acreage only if it finds and records in writing that:
19 1. Dedications or offers of dedication to be vacated or
~O abandoned by the reversion to acreage are unnecessary ror present
21 or prospective public purposes; and
22 2. Either:
2~ {a) All owners of an interest in the real property
24 within the subdivision have consented to reversion; or
2~ {b} None of the improvements required to be made
~O have been made within two years from the date the final subdivision
72.
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~; or parcel map was filed for record, or within the time allowed
2 by agreement for completion of the improvements, whichever is
3 later; or
4 (c) No lots shown an the final sub division or
~ parcel. map have been sold within five years from the date such
6 map was filed far record.
7 C. The Board of Supervisors may require as conditions of
g the reversion:
g 1. That owners dedicate or offer_to dedicate streets or
10 .easements.
11 2. That the County retain all or a portion of previous 1.
12 paid subdivision fees, deposits or improvement securities if the
13 same are necessary to accomplish any of the provisaans of this
14 article.
15 20-188 Return of Fees, De osits; Release of Securities.'
16 Except as provided in Section 20-187 upon filing of the final map
17 for reversion to acreage with the County Recorder, all fees and
18 deposits shall be returned to the subdivider and all improvement
19 securities sha11 be released by the Director of Public Works
2~ pursuant to Section 66499.7 of the Government Code.
21 20-189 Filin Final Sub division Ma for Reversion to Acrea e
22 After the hearing before the Board of Supervisors and approval of
23 the reversion to acreage, the final s.ub division map sha11 be
24 delivered to the County Recorder.
25 Reversions to acreage shall be effective upon the final
2fi subdivision map being filed for record with the County Retarder.
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Upon filing, all dedications and offers of dedication not shown on
the final subdivision map for reversion shall be of no further fort
and effect.
20-190 When a Reversion to Acrea
Parcel Mav Mav Be Filedl.
Proceedings to revert property previously subdivided, which consisted
of four or fewer contiguous parcels under the same ownership, may
be initiated by petition of the owners of-the property.
The petition shall be filed with the Public Works Department.
The petition shall conform to the rules of the advisory
,agency as to form and content. The rules of the committee shall
'.require the following to be included in the petition as a minimum.
1. Evidence of ownership.
2. Evidence of non use or lack of necessity of any
(streets or easements to be vacated ar abandoned.
3. A parcel map in a form prescribed by Section b6444
of the Government Code which delineates any streets or easements
',which are to be left in effect. In addition the parcel map shall
contain a certificate thereon signed and acknowledged by all
parties having any record title interest in the property that the
(parties consent to the preparation anal recordation of the parcel
'map in accordance with Section 66435 of the Government Code.
20-191 Filing Fees. The petitioners shall pay a fee as set
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Il~lforth lay resolution, at time of filing a petition
20-192 Actions on Reversions to Acreage ~ Parcel Mme. The
Director of Public Works sha11 prepare and present a staff report
Ito the advisory agency.
74.
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1 20-193 Hearin Sub division Review Committee. The advisory
2 agency sha11 conduct a hearing and shall review the petition with
~ the petitioner and shall insure that the peition complies with the
4 requirements of this chapter. The advisory agency shall forward i~
5 report to the Board of Supervisors.
g 20-194 Hearing by Board of _Supervisors . A public hearing
7 shall be held before the Board of Supervisors on all reversions
g to acreage by parcel map. ,
g 1, Notice of public hearing shall be given as provided
lp in Section 66457..3 of the Government Code.
11 2. The Board of Supervisors shall approve the petition
12 if it is satisfied that the best interests of the County of Butte
13 is served by the reversion.
14 20-195 Filin Parcel Ma far Re~~rsion to Acrea e, A
15 certificate of .ownership must be made a part of the final map,
16 Ownership must be verified by the-title company responsible.
17 20-196 Delivery to County. Recorder. The approved parcel
18 map shall be delivered by the Director of Public ~~Torks for
19 recording to the County Recorder.
20 20-197 Recordation. The recording of the parcel map shall
2x constitute a 1e:ga1 reversQn-..~ to acreage of the land, abandonment
22 of al7_ streets and easements not shown on the parcel map, and a
23 merger of the separate parcels into one parcel. which shall be
24 shown as such on the assessment roll.
2g That this ordinance shall take effect thrity (30) days after
28 the date of its adoption, and before the expirationrof fifteen (15
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days after its passage, it shah, be published with the names of
the members voting for and against the same in the orovixle
Mercury a newspaper published in. the County of Butte, State
of California.
PASSED AND ADOPTED by the Board of Supervisors, of the County
of Butte, State of California, on the 2Z day of Se tember ,
197&, by the following vote:
AYES : Supex~ri.sors Ladd, Madigan, McKielop, RicYtter and Chairman Cameron
NOES : None
ASSENT : None
NOT VOTING: None
WARD C RSON, C airman a t e
Board of Supervisors
ATTEST
CLARK A. NELSON, County. Clerk
and Ex~-officio Clerk of the Board
76.