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HomeMy WebLinkAbout1860~~ riinance No .. 1850 AN ORDINANCE AMENDING CHAPTER 20 OF THE BUTTE COUNTY CODE RELATING TO REGULATION 0~' SUBDIVISION OF LAND 1 2 3 4 5 6 7 8! 9 to 11 12 13 14 15 16: 17 18f 19 20 21 22 23 24 26 26 The Board of Supervisors of the County of Butte, State of California, DO ORDAIN, as follows: Section 1. That §20-3 of the Butte County Code is hereby amended to read as follows: §20-3. Limitations=:~ This chapter shall be inapplicable to: (I) The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, ;-commercial buildings, mobile home parks or trailer parks; (2} Mineral, oil or gas leases; (3} Land dedicated for cemetery purposes under the Health and Safety Code of the State of California; (4) A lot line adjustment between two or .ore adjacent ~ parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of .parcels than originally existed is not thereby created, provided the lot line adjustment is approved pursuant to the provisions of-this chapter. Section 2. Section 20-10 of the Butte County Code is hereby amended to read as follows: §20-I0. Advisory Agency. "Advisory Agency" means the Butte County Subdivision Review Committee charged with the duty of making investigations and reports an the design and improvment of proposed divisions of real property, the imposing of a°._. requirements or conditions thereon, or having the authority 1 under this chapter to approve, conditionally approve or 2 disapprove maps, including re~versians~to acreage by parcel map. 3 Section 3. Section 20-15 of the Butte County Code is 4 hereby amended to read as follows: ~ §20-15, Dedication. "Dedication" means the act of 6 granting to a public agency the right to use a portion of real 7 property for public purposes by the fee owner of the-real propert , 8 The county may require the grant o.~ real property to be in fee 9 title. 1~ Section 4. Section 20-22 of the Butte County Code is 11 hereby amended to read as .follows: 12 §20-22. Lot. "Lot" means 'an area of land shown 13 or to be shown on a recorded subdivision or parcel map. 3~ Section 5. Section 20-30 of the Butte County Gode is 15 hereby amended to read as follows: 16 §20-30. ~~, Final Subdivision. "Final Subdivision 17 Map" means a map prepared by a registered civil engineer or 18 licensed land surveyor and presented for recording, which 19 conforms to an approved tentative subdivision ma~a and with the 20 Subdivision Map Act, 21 Section 6. Section 20-31 of the Butte County Code is 22 :hereby amended to read as follows: 23 §20-31. `4a Parcel. `.'Parcel map" means a map 24 :prepared by a x'egistered cavil engineer or a licensed land ~ surveyor and presented for recording, which ,conforms ~ ` :.,;° ..~_.~_,. ~~ to an a roved tentative- p p pp parcel ma and with the Subdivision ~~Ia A t. 2. ~.: Section 7. Section 20--33 of the Butte County Cade is 2 'hereby amended to read as follows: 3 §20-33. Map, Tentative. "Tentative map" means a= 4 map presented to the Advisory Agericy for approval of land 5 divisions whz.ch require~a final subdivision map or a parcel map. g Section 8. Section 20-35 of the Butte County Code is 7 hereby amended to read as follows: g: §20-35. Parcel. "Parcel" means an area, not shown 9 on any recorded parcel or subdivision map, wh~:ch was lawfully 10 created and contains-the minimum square footage and frontage as Z1 required by the subdiv~.sion ordinance and zoning district at the 12 time the parcel was created. 13 Section 9. Section 20-40 of the Butte County Cade is Z4 'hereby amended to read as follows: 15' §20-40. Setback, 5:de/R:ear. "Setback side/rear" 16 means the distance between a building, device, or structure and 17 the lot or parcel dividing line. 18 Section 10. Chapter 20 of the Butte County Code is ls' hereby amended by adding §20-40,1 to read as follows: 24' §20-40.1. Street Setback L~:ne. "Street setback 2Z dine" means the distance between a building, device, or structure 22 and the centerline or right_of.way line of a street. 23 Section 11. Chapter 24 of the Butte County Code is 24 hereby amended by adding §20-40.2 to read as follows: ~ § 20-40.2 . Eas'e~ment S'e'tback Line . "Easement setback 28 line" means-the. distance between a building, device, or structure 3. 1 ~~.nd the center line or right~.:of~~way line of an easement. g'~I Section 12. Section 2aW46 of the Butte County Code is hereb 3 'mended to read as follows: 4 §20-4b. Subdivider. "Subdivider" means a person, firm, cor- 5'~poration, partnership or association who proposes to divide, divide 6 Igor causes to be divided real property into a subdivision for hims 7 or for others except that employees and consultant of such persons 8 br entita~es, acting in such capacity, a~ze not "subdividers." 9; Section 13. Section 20-48 of the Butte County Code .is hereby 10; amended to read as follows: 3.1 §20-48. Subdivision~.~. "Subdivision" means the division, by 12 any subdivider, of any unit or un~.ts of improved or unimproved land 13' or any portion thereof, shown on the latest equalized county asses- 14 sment roll as a unit or as contiguous units, for the purpose of 15 sale, lease or financing, whether immediate or future except for 16 leases of agricultural land for agricultural.purposes. Property 17 shall be considered as contiguous units, even if it is separated by 18 Dads, street, utility easement or railroad rights-of-way. "Subdi- Z9l~rision" includes a condominium project, as defined in Section 1350 20 of the Ci.vxl Code or a communit~r apartment project , as defined in 2z Section 11aa4 of the Business and Professions Code. Any conveyance ~ of land to a governmental agency, public entity or public utility 23 shall not be considered a division of land for purposes of computin, ~ the number of parcels. As used in this section, "agricultural pur- oses" means the cultivation of food or fiber or the grazing or 2B asturing of livestock. 4. ,~ 2 3' 4 5 B 7 8 9 ~0 1Z 12 13 Z4 ~.5 16 17 18 ~s 20 21~ 22 23 24 25 28 Section l4. Chapter 20 of the Butte County Code is hereby amended by adding §20~-48.7. as follows §20-48.1. Nothing in §28.48 shall prevent a purchaser of a unit of land created under the provisions of this Chapter or the State Subdivision Map Act from subdividing such land one time, pursuant to the provisions of this ~cha`~t'er' prior to the time that an equalized county assessment roll has been completed reflecting the creation of the unit proposed to be subdivided. - Section 15. Section 20-57 of the Butte County Code is here- by amended to read as follows: §20-57~' Traversable Access. An approved access, travers- able year round for a standard two wheel drive automobile, except when covered by snow. Section 16. Section 20-60 of the Butte County Code is here- by amended to read as follows: §20-60. Tdhen a Subdivision Map is_Required. A tentative subdivision map and final subdivision map shall be required for all subdivisions creating five ar more parcels, five or more condominiums as defined in §783 of the Civil Code, or a community apartment project containing five or mare parcels, except where: A. (1) The land before division contains less than five acres, each parcel created by the division abuts upon a main- tained public street or highway and na dedications or improvement 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 5. L. 1 i'. 1 2 3 4 5 6 7 8- 9 10: ~.1 12 13. I4 i 15 16' 1'7 18 19 20 2I 22 23 24 25 2B maintained public street or highway, or (3) The sand 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 commercial development, and which has the approval. of the Board of Supervisors as to stre~ alignments and widths, or (4) Each parcel created by the reversion has a gross area of forty acres or more, or each of which is a quarter-quarter section or larger. B. A preliminary map may be filed by the subdivider for consi-~ deration by the Subdivision Review Committee prior to filing a tentative subdivision map. Such preliminary rnap may be considered without reference to any procedural requirements of this title. Section 17. Section 20-61 of the Butte County Gode is here- by amended to read as follows: §20-61. Fi1in a Tentative~Subdivision Ma Every sub- divider sha11 file an application with the Public Works ~epartmen and shall submit material which meets the requirements of the rul of the Advisory Agency as to form and content. Rules governing form and content shall provide for legibility and adequate scale and such information to insure adequate consideration of the' following factors at all levels of review of the map: Purpose of the subdivision, ownership, dimensions, subdivision design, impro~ meats, existing structures, public facilities, environmental features, topography and grading. ie- b. i i is 1 2 3 4 5: 6 7 8 9 10 11 ].2 13 34 15 16 17 18 xs 20 2I 22 23 24 25 28 Director of Public Works. (4) The subdivider has complied with the subdivision improve ment agreement and bonding requirements adopted by Butte County .Board of Supervisors. If the subdivider desires to submit securit `~in lieu of a bond, such security shall be submitted to the Board of Supervisors far approval not later than one week prior to sub- :mission of the final subdivision map. (5) The subdivider has complied with the requirements of the 'tentative map. (6) Each of the tenants of a proposed condominium or communi apartment house project has been or will be given 120 days' writte notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion.- The provisions of this subdivision shall not alter ~ _°~ or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to the provisions of services, payment of rent or the obligations imposed by §1941, §1941.1 and §1941.2 of the Civil Code. {7) Each of the tenants of a proposed condominium or commu- nity apartment house project has been or will be given notice of an exclusive right to contract for the purchase of their respecti :units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than b~ days from the date of issuance of the subdivision public report pursuant to §11018.2 of the Business and Professions Cade, unless $. 1 2 3 4 fi 8 7 8 9' ~a 11 12 13 14 15 is 17 18 19. 20 21 22 23 24 26 26 the tenant gives prior written notice of his intention not to exercise the rights. Section 20. Chapter 20 of the Butte County Code is amended by adding §20.b9.1 to read as follows: §20.69.1. Waiver of Signatures. A certificate, signed and .acknowledged by all parties having any record title interest in th .real property subdivided, consenting to the preparation and recor- dation of the final map is required, except ,as follows: (a) Neither a lien for state, county, municipal or Local ;taxes, nor for special assessments, nor a trust interest under :bond indentures, nor mechanics' liens constitute a record title interest in land for the purpose of this chapter ar local ordinanc . (b) The signature of either the holder of beneficial interes s under trust deeds or the trustee under such trust deeds, but not both, may be omitted. The signature of either shall conLti..tute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map. (c) Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the final map: (l) Rights-of--way, ~e~asements or other interests which cannot ripen into a fee, except those owned by a public entity or public utility. If, however, the Board of Supervisors determines that division and development of the property in the manner set forth on the approved or conditionally approved tentative map will not unreasonably interfere with th.e free and compl~~e exercise of 9. l 1 L. ~, Section 18. Section 2p-62 of the Butte County Code is hereby 2 'amended to read as follows: g §20-62. Time for Filing. The time of filing a tentative map 4; shall be fixed as the date when: ~ (1) All maps and information required by this chapter have g`~been filed, checked and accepted as complete by the Director of ~ Public Works, and g (2} All environmental review requirements of CEQA, State 9 :Environmental Guidelines, and Butte.Caunty Environmental. B.eview 10 Guidelines have been completed, and 11 (3} The required fees have been paid. 12 zf any required data are missing, the Director of Public 13 Works shall notify the subdivider or his agent within five working 14 days, in which case no filing shall be accepted until all. necessar i5 data are received. 1Q Sect-ion l9. Section 24--59 of the Butte County Code is here- 17 by amended to read as follows: 18 g20-69. Final Subdivision Ma At any time before the ' lg expiration of an approved tentative subdivision map the subdivider 2p may cause the subdivision or a logical part thereof to be accurate y 2I :surveyed and a final map prepared and presented to the Board of 22 Supervisors for approval, provided: 23 (1) That the required fees have been paid. 24 (2) The subdivider has complied with the soils report ~ requirement of this chapter. 2g (3) A preliminary title report has been submitted to the 7. 1 2 3 4 5' 6 7 8 9~i 10' 11 12 13 14 15 18 17 18 i9 20 21 22 23 24 25 26 the public entity ar public utility right-of-way or easement, the signature of such public entity or public utility may be omitted. Where such determination is made, the subdivider shall send, by certified mail, a sketch of the proposed final. map, together with a copy of this section, to any public entity or public utility which has previously acquired a right-of-way or easement. If the public entity or utility objects to either (i) record ing the final map without its signature; or {ii) the determination of the Board of Supervisors that the division and development of the property will not unreasonably interfere with the full and complete exercise of its right-of-way or easement, it shall so notify the subdivider and the Board of Supervisors within 3~ days -after receipt of the materials from the subdivider. If the public entityfo?~ utility objects to recording the final map~:%~rithout its signature, the public entity or utility sa objecting may affix its signature to the final map within 30 days of filing its objection with the Board of Supervisors. If the public entity or utility either (i) does not file an objection with the advisory agency; or (ii) fails to affix its signature within 30 days of filing its objection, to recording t map without its signature, the county may record the final map without such signature. If the public entity or utility files an objection to the determination of the Board of Supervisors that the division and development of the property will not unreasonably interfere witYfi the exercise of its right-of-way or easement, the Board of 10. i I ~, Supervisors shall set the matter far public hearing to be held not 2 less than l0 nor more than 30 days of receipt of the objection. 3 ~ At such hearing, the public entity or public utility shall present 4 evidence in support of its position that the division and develop- 5 ~-meat of the property will unreasonably interfere with the free and g complete exercise of the objector's right-of-way or easement. 7 Tf the Board of Supervisors finds, following such hearing, g ..that the development and division wi11 in fact unreasonably inter- g fere with the free and complete exercise of the objector's right- ly of-way or easement, it shall set forth those conditions whereby Y1 such unreasonable interference will be eliminated and upon com- l2 pliance with such conditions by the subdivider; the final map may 13 be recorded with or without the signature of the objector. Tf the 14 .Board of Supervisors finds that-the development and division will 15 in fact not unreasonably interfere with the free and complete 18 exercise of the objector's right-of-way or easement, the final map 17 may be recorded without the signature of the objector, notwith- 18 standing its objections thereto. 19 Failure of the public entity or public utility to file an 20 objection pursuant to this section shall in no way affect its 2~ rights under a right-of-way easement. 2$ (2) Rights-of-way, easements or reversions, which by 23 reason of changed conditions, long disuse or lathes appear to be 24 no longer of practical use or value and signatures are impossible ~ or impractical to obtain. A statement of the circumstances pre- 28 'venting the procurement of the signatures shall also be stated on 11. l 1 1. 1 the map. 2 3 4 6 7 9 10 11 '' 12 13 14 15 18 17 18 1.9 20 21 22 23 24 26 2B {3} Interests in or rights to minerals, including but not :limited to, oil, gas or other hydrocarbon substances. (d) 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 final map without the consent of the United States or the State of California thereto or to dedications made thereon. Section 21. Section 24-90 of the Butte County Code is hereby amended to read as follows: §20-90. School Site Dedications. A. Requirements. As a condition of approval of a final sub- division map, a subdivider who develops or completes the develop- ment of one or more subdivisions located in one:' or more school districts shall dedicate to the school district or districts, within which the subdivisions are to be located, such lands as the Board 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 (30) days after the requirement of dedication is imposed by Advisory Agency or the Board of Supervisors the school district does not offer to enter into a binding commitment with the sub- divider to accept the dedication, the requirement shall be automa- tically terminated. The required dedication may be-made any time l2. 1 2. 3' 4 6 B 7. 8 s ZD 11 ].2 ~3 14 15 is 1'7 , 18' 19 20 2I 22 23 24 25 26 :before, concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the subdivision. C. i~ayments 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 cost 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 ather costs incurred by the subdivider in main- tenance of such dedicated land, including interest costs incurred on any loan covering such land. D. Exceptions. The provisions of this section shah. riot be applicable to a subdivider who has owned the land being subdivided for more than ten (l0) years prior to the filing of the tentative maps. Section 22. Chapter 20 of the Butte County Code is hereby amended by adding S~e'~ion 20--91 to read as follows: §20-91. Amendment A. After a final map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map: (a) to correct an error in any course or distance shown 13. 1 thereon. 2' (b) to show any course of distance ghat was omitted g therefrom; 4 {c} to correct an error in the description .of the real 5` Property shown on the map; ' g (d) To indicate monuments set after the death, disabilit 7 or retirement from practice of the engineer or surveyor charged g with responsibilities ~~~ setting monuments; or 9 {e) To show the proper location or character of any 10 monument which has been changed in location or character ariginall~ 11 was shown at the wrong location or incorrectly as to its character. 12 (f) To correct any other type of map error or omission 13 as approved by the county surveyor which does not affect any 14 property right. Such errors and omissions may include, but are lg ;not limited to, lot numbers, acreage, street names and identifi-- lg cation of adjacent record maps. 17 As used in this section, "error" does not include changes lg in courses or distances from which an error is not ascertainable lg from the data shown on the final. or parcel map. $p B. The amending map or certificate of correction shall be 2I prepared and signed by a registered civil engineer or licensed 22 Land surveyor. The amending map shall conform to the requirements 23 of a final map. The amending map or certif irate of correction 24 shall set forth in detail the corrections made and show the names 2~ of the present fee owners of the property affected by the correcti~ 28 or omission. 14. 3 4 b 6` 7: 8 9 10 11 Z2 13 14 15 18 17 18 xs 20 21 22 23 24 25 28 Section 23. Section20-94 of the Butte County Code is hereby amended to read as follows: §20-94. When a Parcel Map is Required. Parcel. maps shall be required in the case of subdivisions creating: (a) Fewer than five parcels (b) Five or more parcels, where: (1) 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 improvements are required, or (2) Each parcel created by the division has a gross area ~of 24 acres or more and-has an approved access to a maintained public street or highway, or (3) The land consists of a parcel or parcels of land having approved access to a public street or highway which com- prises part of a tract of land zoned for industrial or commercial development and which has the approval of the Board of Supervisors as to street alignment and widths, or (4) Eaeh 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. Section 24. section 2q-95 of the Butte County Code is hereby ~ amended to read as follows: §2Q-95. When: a Parcel Ma is Not Re aired. (a) Subdivisions created by short-term leases (terminabl by either party on not more than 30 days' notice in ~,rriting) of a it 1 2 3 4 6 B 7 8 9 10 lI 12 13 14 15 16 17 18 19 20 2]. 22 23 24 2b 26 portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the ~'ublic Utilities Code, or for land conveyed to a public agency or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial 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 of parcels provided that the approval of the Advisory Agency is obtained; based upon: (1) The resulting lots or parcels shall comply with the provisions of this chapter and the applicable zoning regula- tion, {2) No additional lot or parcel is created, (3) Tf the boundary being adjusted is between lots, the applicant shall record a certificate showing the adjustment. (4) Tf the boundary being adt.~'..usted is between parcels, the applicant may be required to file a record of survey showing the adjustment. 16. 1 2 3 4 5 6 7 8 9 10 11 12 13 i4 1v 18 17 18 19- 20 21 22 23' 24 '. 25 26 Section 25. Chapter 20 of the Butte County Code is hereby amended by adding §20-100.1 as follows: §20-104.1 Parcel Ma Im rovement. For a division of land which is not a subdivision of five or more lost, improvements shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable off--site 'and on-site improve- ments for the parcels being created. Requirements for the con- struction of such off-site and on-site improvements shall be noticed by certificate on the parcel map, on the instrument e~tiridencing the waiver of such parcel map, or by separate lfia. 1 2 3 4 5 6 7 8 s lo. 17. 12 13 14. 15' 1& 17. 18 19 20 2~ 22 23 24 28 2B instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record. The construction of such improvements shall be required prior to subsequent issuance of a permit or other grant ` of approval for the development of such parcel by the County. Fulfillment of such construction requirements sha11 not be required until such time as a permit or other grant of approval -for development of the parcel is issued by the County, except that the County may require fulfillment of such construction .requirements with a reasonable time following approval. of the parcel map and prior to the issuance of a permit or other grant of approval for the development of the parcel upon a finding by the Advisory Agency that fulfillment of the construction require- meats is necessary for reasons of: (l) The public health and safety; or (2) The required construction is a:~.necessary prerequisite -for the orderly development of the surrounding area. Section 26. Section 20-104 of the Butte County Code is hereby amended to read as follows: §20-104. When Parcel Maps May Be Waived. The Advisory Agency may waive the requirement for a parcel map in any case where the proposed subdivision is a division into four or fewer parcels, and , (a) Were the land being divided consists of a lot or parcel shown on a recorded parcel map or final sub~~.ivision map or a legally created parcel and the full street improvements have been 17. 1 2. 3 4 5 6 7 S 9 10' 3.L 12 13 ~.4 ~.5 I6 17 18' 19 20 2] 22 23 24 25 2B constructed and monumentation is evident; or (b) Where each has a gross area of forty acres or more or each of which is a quarter-quarter section or larger. Section 27. Section 20-105 of the Butte Gounty Code is hereby amended to read as follows: §20-105. A Waiver Ma Be Granted Onl lf: (a) The subdivider files an application with the Public Works Department stating the existence of monuments and impr prior to consideration of the waiver by the Advisory Agency. {b) The submitted material conforms to the requirements of the Advisory Agency as to form and content. (c) The application contains a legal description for each of the newly created parcels and is manumented on the ground and a record of survey is recorded. (d) The Advisory Agency finds that the proposed division of land complies with the requirements of the California Env~ron- mental Quality Act, the Zoning Code of Butte County, county ordinances, improvement standards set forth by resolution of the Board of Supervisors, the general plan, specific puns of the county, and adopted community plans. {e) Provided further, however, that if all of the resulting parcels from the division is in excess of 160 acres or a quarter section, this board finds that the proposed division dies comply with the requirements as to the area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, CS Z$, ~: 1 2' 3 4 5 6' T 8 9 10 11 12 13 II i4 15 '~ I 16 17' 18 19 24 23. 22 23 24 25 26 environmental protection in that this board determines that a parcel in excess of 1fi4 acres located within this county will meet the aforementioned criteria. Section 28. Section 24--114 of the Butte County Code is hereby amended to read as follows: §24-110. A certificate, 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 a trust interest under bond indentures, nor mechanics' lien constitute a record title interest in land for the purpose of this ordinance. (b) The signature of either the holder of beneficial interests under trust deeds or the trustee under such trust deeds,. but not both, may be omitted. The signature of either shah. constitute a full and complete subordination of the lien of the deed of trust to the parcel map and any interest created by the parcel map; (c) Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the parcel map: (1) Rights-of-way, easements or other interests which cannot ripen into a fee, except those owned by a public entity or a public utility. lf, however, the Advisory Agency determines that division and development of the property in the manner set 19. 1 forth on the parcel map will nat unreasonably interfere with the 2 free and complete exercise of the public entity or public utility 3 right-of-way or easement, the signature of such public entity or 4. public utility may be omitted. Where such determination is made, fi the subdivider shall send, by certified mail, a sketch of the 6 proposed parcel map, together with a copy of this section, to any 7 public entity or public utility which has previously acquired a S right-of-way or easement. 9 Tf the public entity or utility objects to either (i) record 10 ing the parcel map without- its signature; or (ii} the determinatio I1 of the Advisory Agency that the division and development o~ the 12 property will nat unreasonably interfere with the full and complet 13 exercise of right-of-way or easement, it shall so notify the sub- 14 divider and the Advisory Agency within 30 days after receipt of 15 the materials from the subdivider. 16 Tf the public entity or utility objects to recording the 17 parcel map without its signature, the public entity or utility so 18 objecting may affix its signature to the parcel map within 3Q z9 days of filing its objection with the legislative body or advis- 20 ory agency. 21 Tf the public entity or utility either (i} does not file an 22 objection with the Advisory Agency; or (ii) fails to affix its 23 signature within 30 days of filing its objection; to recording 24 the map without its signature, the county may record the final map ~ without such signature. 28 If the public entity or utility files an objection to the zo. ~ i is l 2 3 4 5 6 7 8'I 9 10 lI 12 13 I4 15 1$ 17 18 19 20 21 22 23 24 25 28 determination of the Advisory Agency that the division and develop -meat of the property will not unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, the Advisory Agency shall set the matter for public hearing to be held not less than l0 nor more than 30 days of receipt. of the objection. At such hearing, the public entity or public utility shall present evidence in support of its position that the divi- sion and development of the property will unreasonably interfere with the free and complete exercise of the objector`s right-of-was or easement. If the Advisory Agency finds, following such hearing, that the development and division will, in fact, unreasonably interferE with the free and complete exercise of the objector's right-of- way or easement, it shall set forth those conditions whereby such unreasonable interference will be eliminated and upon compliance with such conditions by .the subdivider, the parcel map may be recorded with or without the signature of the objector. If the Advisory Agency finds that the development and division will, in fact, not unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, the parcel map may be recorded without the signature of the objector, not- withstanding its objections thereto. Failure of the public entity or public utility to file an objection pursuantt~ this section shall in no way affect it right of-way or easement. 2l. 1 2 3 4 6 6 7. 8 9 10 ~1 12 13 14 15 16 I 17 18' i9 20 2Z 22 23 24 28 (2) Rights-of-way, easements or reversions,' which by reason of changed conditions, song disuse or laches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances pre- venting the procurement of the signatures shall also be stated on -the map. (3) interests in our rights to minerals, including but not limmited to oil, gas or other hydrocarbon substances, {d) 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 final map without the consent of the United States or the State of California thereto or to dedications made thereon. Section 29. Chapter 20 of the butte County Code is hereby amended by adding Section 20-112 to read as follows: §20~-I12. Amendment A. After a parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map: (a) to correct an error in any course or distance shown thereon; therefrom. (b) tv show any course or distance that was emitted (c) to correct an error in the description of the real property shown on the map; {d) to indicate monuments set after t~.e death, disabili 22. 1 2 3 4 5 6 7 8 9 10. 11! ~.2 13 14 15 lfi 17 18 I9 20 2I 22 23 24 25 2Q or retirement-from practice of the engineer or surveyor charged with responsibilities far setting monuments; or (e) Ta show the proper location or character of any monument whinh has been changed in location or character originally ~,~.~° was shown at the wrong location or incorxectl.y as to its character (f) To correct any other type of map error or omission as approved by the county surveyor which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps.- As used in this section, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map. B. The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. The amending map shall conform to the requirements of a parcel map. The amending map or certificate of correction ~._ shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correc- tion or omission. Section 34. Chapter 20 of the Butte County Cade is hereby amended by adding §20~-124.1 as .f_allows §20-120.1. Minimum lot area. The minimum area <-~~ of lots created by subdivisions shall be specified in the zoning regula- Lions applicable to the property in question; provided, however, that when indivi.~a.a1 sewage disposal systems are prapQSed, the 23. x 2 3 4 5 6 7 8 g.l to 11 12 13 14 1S 16 17 18 i9 20 2x 2z 23 24 26 26 ,minimum area of lots shall be as specified in said zoning regula- tions or as determined by the requirements of Appendix VlI of the resolution establishing standards pursuant to this chapter, as ~ amended, whichever is the larger. Lot area f_or all parcels of less than five (5) acres shall be computed exclusive of those lying within access easements or public roads. Notwithstanding anything to the contrary in this chapter, the area of Tots shall be of sufficient size to comply with the density requirements of the Butte County General. Plan. Section 31. Section 20-121 of the Butte County Code is hereby amended to read as follows: §2d-121. Lot Shapes and Configurations. Lots on a curved street or the rounded end of a cut-de-sac shall provide the mini frontage at the street or easement setback line, said setback line shat,l be : 20 feet froir~ the. ra.ght Hof way .line provided :that: in no case .shall a _1.ot :have less . than 40 :feet of frontage .at the right Of 'Way. 1.1ne. Section 32. Section 20-125 of the Butte County Code is hereby amended to read as follows: §20-125. Ali subdivisions shall be designed so that the development of the subdivision complies with the requirements of the Butte County Code and any other code section, ordinance, or resolution regulating grading, erosion of land and sedimentation control in the county. A11 subdivisionsshall be designed so that existing trees shall be preserved accordingly to the requirements of the Depart ~t 24. 1. 2 3 4 5 6 7 8 9 1D 11 12 13 I4 I5 16 17 18 19 20 21 22 23 24 25 2B of Public Works. Street trees of an approved type shall be plante when required by the improvement standards as adopted by resoluti of the Butte County Board of Supervisors. Section 33. Section 20-161 of the Bute County Code is hereby amended to read as follows: §20-161. Notice of Violation. Whenever any county depart- ment has knowledge that real property may have been divided in violation of the provisions of the Subdivision Map Act or of this chapter, it shall either report such knowledge to the Subdivision Committee ar shall schedule a hewing in front of a hearing offic pursuant to §20-101.1. Section 34. Chapter 20 of the Butte County Code is hereby amended to read as follows: §20-161.1 The county department having such knowledge of violation or the subdivision committee, which after reviewing; the report submitted to i.t by the county department and finding that the circumstances warrant, shall.: (1) File a Notice of lrctention to Record a Notice of Viola- Lion with the county recorder, ~.escribing the real property in detail, naming the owners, describing the violation, and stating that the owner will be given an opportu~.ity to present evidence. (2) Sha11 set for hearing before the hearing officer appointed pursuant to §20-173 the question whether or not there has been a division of land in violation of the Subdivision Map Act or this chapter and whether a Notice of Violation should be recorded in the office of the county recorder. 25. l l IF E- 1' 2 (3)~ Mail notice of said hearing to the owner of the property 3 `affected as shown on the latest assessment roll, said mailing 4 to be not less than 60 days before the date of said hearing. ~ Said notice shall contain a description of the location of the g property involved, the assessor's parcel number or ntunbers, q ,a description of the possible violation, and a statement of the g l:ntention to file the °~~ _ . '. Notice of Violation in the office of 9 .the county recorder. Notice of such violation will, be construc- lp five notice of such violation to subsequent owners of the property ~,~ and may result in the denial of permits or approvals necessary 12 for the development of the said property or may result in the 13 institution of criminal action against the owner of the property. 14 (4) Deliver a copy of said notice of hearing to the Planning 15 Pt~t.~ic Works, and Health Departments. After such delivery, no 16 permits or approvals shall be issued until a final determination 17 has been made regarding recordation of a Notice of Violation. 18 {5) Shall be responsible for presenting the evidence to 19 the hearing officer. 20 Section 35. Section 20-162 of the Butte County Code is hereb 2~. amended to read as follows: 22 §20-162. Act~an Re ardin Notice of Violation. At the tune 23 of said hearing, after hearing the evidence presented by the 24 representative or representatives of the county, the owners of ~ the property, and any other interested persons, the hearing 26 officer shall determine whether or not the property--'has been 26. :. ~, 'divided or has resulted from a division in violation of this 2' 'chapter or the Subd~.vision Map Act. 3 If the hearing officer d~~ermines that the property has, 4 been divided or has resulted from. a division in violation of this 5 chapter or of the Subdivision Map .~.ct, the county department or g 'the Subdivision Committee, shall mail a notice so stating to the ~; ,owners of the property affected as shown on the latest assessment g roll, advising them of their right to appeal this decision to the g .Board of Supervisors pursuant to §20-173 and further stating that lp a ~:__ ::. Pdotice of Violation shall be recorded with the county 11 recorder containing the information specified in §bb4-99.3 of the 12 Government Code, Title 7, Division 2, when the hearing officer's 13 decision thereon has become final. The county department~or 14 Subdivision Committee may forward a copy of such notice to the I5 District Attorney for possible prosecution. If the hearing office ~g determines that no violation has occurred, or that a violation 17 has occurred but has been corrected, the Subdivision Committee ].S shall record a Certificate of Compliance in the form specified 19 in this chapter which shall constitute a release of the tentative 20 Notice of Violation. 21 Section 36. Section 20-163 of the Butte County Code is 22 hereby amended to read as follows: 23 §20-163. Effect of Recordation of Notice of Violation. 24 Upon recordation of such Notice of Violation, no county departmen , 23 officer or employee shall issue any permit or grant any approval 28 necessary to develop said property unless and until a Certificate 27 1 2. 3 4: S B 7 8 9 10 1 ~ ].2 13 14 l~ is 37 i~ Y9 20 2Z 22 23 24 25 26 of Compliance has been issued for said property pursuant to this chapter. Notwithstanding the above, if the Subdivision Committee determines that development of the property is not detrimental to the public health or the public safety, permits may be issued or approvals granted. Conditions may be imposed that would have been applicable to the division of the property at the time the current owner of record acquired the property. Section 37. Section 20-172 of the Butte County Code is here-' by amended to read as follows: §20--172. Appeal.--Any decision of the. Subdivision Committee regarding a Certificate of Compliance may be appealed by the applicant to the Board of Supervisors within 15 days of the mailing of notice of the Committee's decision thereon, pursuant to §20-66 of this chapter. No Certificate of Compliance shall be recorded until the decision thereon has become final unless the applicant agrees in writing to waive his right to an appeal. Section 38. Section 20-173 of the Butte County Code is hereby amended to read as follows: §20-173. All hearings conducted pursuant to §20-161.1 to determine whether or not lands have been subdivided in violation of the provisions of this section shall be conducted by a hearing officer. The hearing officer shall be appointed by the Board of Supervisors and shall be reimbursed at the rate of $75.00 per day. The determination of the hearing officer shall be final l5 days after the mailing of the hearing officer's decision unless an 28. ~: l appeal is filed with the Board of Supervisors pursuant to §20-66. 2 Section 39. Chapter 20 of the Butte County Code is hereby 3; amended by adding Section 20-180.1 to read as follows: 4 §20-180.1 Reversion b Resubdivision. Subdivided lands may ~ be merged and resubdivided without reverting to acreage by comply-- 8 ing with all the applicable requirements for the subdivision of 7 land as provided by this Chapter and the State Subdivision Map 8 Act. The filing of the final reap or parcel-map shall constitute ~ legal merging of the separate parcels into one parcel and the 10 resubdivision of such parcel, and the real property shall thereaft 1~ Abe shown with the new lot or parcel boundaries on the assessment 12 roll.. Any unused fees or deposits previously made pursuant to 13 this division pertaining to the property sha11 be credited pro 14 rata towards any requirements for the same purposes which are 15 applicable at the time of resubdivision. Any streets or easements ~,g to be left in effect after the resubdivision shall be adequately ~~ delineated on the map. After approval o.f the merger and resub- lg division by the governing body or advisory agency the map shall be ~,g deliver~.d.to the county recorder. The filing of the map shall 20 constitute legal merger and resubdivision of the land affected 2~ thereby, and shall also constitute abondonment of all streets and 2S easements not shown on the map. 23 Section 40. Section 20-193 of the Butte County Code is 24 hereby repealed. 25 Section 41. Section 20~-194 of the .Butte County Code is 2B hereby amended to read as follows: 11 2 3 4 5 6 7 8 9 ZO 11 12 1~ 14 15 16 1'7' 18 ;~ 19' 20 21 22 23 24 25 26 §2a-194. Hearing by Advisor~A~eri~. A public he~.ring shat be held before the Advisory Agency on all reversions to acreage by parcel map. The Advisory Agency shall approve the petition if it is :satisfied that the best interests of the County of Butte is served by the reversion. Section 42. This urgency ordinance shall take effect immediately upon its passage, and before the expiration of fifteen {15) days after its passage shall be published once with the names of the members of the Board of Supervisors voting for ~.nd against the same in the ''-~+ggs~I''°~~ws _-.. _ a newspaper in general circula- tion in the County of Butte, State of California. The facts consituting the urgency on which this ordinance is -based are: The Legislature has enacted Chapter 234 of the Statutes of ~' 1977 as urg:~ncy legislation. The effect of such legislation is to make sections 20-48 and 20-161 of Chapter 2fl of the Butte County Code in violation of state law. If these sections are left uncorrected for 30 days, misunderstandings by the public and count officials as to what law is applicable will be detrimental to the ~'{Section 19 of Chapter 234, Law~'~f 1977, is hereby incorporated herein ~~ l 11- 1 2' 3' 4 5 6' 7 8 9 to 11 12 13 14 15 16 17' is is 20 21 22 23 24 23 28 health, welfare and safety of the public of the County of Butte. PASSED AND ADOPTED by the Butte County Board of Supervisors thi s 30th day o f Au ust 197 7 , by the following vote: AYES : Supervisors Lemke, Madigan, Moseley, Winston and Chairman Richter NOES : None ABSENT : None NOT VOTING : None BERNARD D. RICHTER, Chairman Board of Supervisors ATTEST: CLARK A. NELSON, County Clerk and ex-officio Clerk of the Board 3 `~..