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HomeMy WebLinkAbout1916Ordinance No.-l916i AN ORDxNANCE ADDxNG•TO AND AMENDING CHAPTER 2 OF THE BUTTE COUNTY CODE 1 2 3 6 B 7 8 9 10 a.a ~.2 ].3 14 15 ~.6 ~7 18 ~.9 20 21 22 23 24 25 The Board of Supervisors of the County of Butte, State of California.,. DO ORDAIN as follows . .... ._. Sect~ibn 1, Section 20-57 of the Butte County Code is hereby amended to read as follows: §20-57 Traversable Access. An approved access, traversable year round for a standard two wheel drive automobile, except when covered by snow. Bridges, road structures and culuert shall be capable of supporting a 20 ton load. Section 2. Chapter 20 of the Butte County Gade is hereby amended by adding §20-65.5 to read as follows: §20-65.5 Disapproval. A. The advisory agency shall disapprove an application for a tentative subdivision map if it finds that the application is not consistent with the general plan. B.. The Advisory agency sha11 disapprove a parcel map if it determines: 1. That the proposed subdivision is inconsistent with specific plans or with board adopted community plans , 2. That the design or improveziient of the subdivision is not consistent with applicable general and specific plans . 3. That the site is not physically suitable for the type of development. 1 4. ff I That the site is not physically suitable far the 2 proposed density of development. 3 .. _.. 5. . . .. __ That the design of the land division or tl~e proposed 4 improvements are likely to cause substantial envir- fi onmental damage or substantially and avoidably injure g fish ar wildlife or their habitat. 7 6. That the design of the subdivision ar the type of g improvement is likely to cause serious public health g problems. lp 7. That the design of the:~subdivision or the type of 11 improvements will conflict with easements, acquired 12 by the public at large, for access through or use of, 13 property within the praposed subdivision. In this 14 connection, the Advisory Agency may approve an 15 application if it finds that alternate easements, 16 far access or for use, will be provided and that thes 17 will be substantially equivalent to apes previously 18 acquired by the public. This subsection sha11 apply 19 only to easements of record ar to easements establish d 20 by judgment of a court of competent jurisdiction. 21 S. That the proposed subdivision violates the provisions 22 of this article and no exception has been granted. 23 9. That the praposed subdivision violates the previsions 24 of the Zoning Code as to area, setback or frontage ~ requirements and no variance has been granted. ~B C. Notwithstanding the above, paragraphs A and B(1) through 2. 1 2 JI 6 7 8' 9 10 11 12 i3 14 15 I' 18 17 i8 19 ~Q 21 22 23 24 26 B(7), are not applicable to the conversion of existing buildings into condominium projects unless new units are _. _- to be co~istructeel or added. Section 3. That §20-67 of the Butte County Cade is hereby amended to read as follows: §20-67 Ex iration of time and extension of time. The app val or conditional approval of a tentative subdivision map shall be valid for l8 months within which time the final m may be presented to the Board of Supervisors for acceptance and recordation. The l8 month period shall nat include any time during which a water or sewer moratorium, imposed aft approval of the tentative map, is in existence, provided, however, that the length of such moratorium does not exceed 5 years. Once such a moratorium is terminated, the map shall be valid for the same period of time that was left to run on the map at the time the moratorium was imposed; provided, however, that if such remaining time is less than l20 days, the map shall be valid for l20 days following the termina- tion of the moratorium. The expiration of the approved or conditionally approv tentative map shall terminate all proceedings and no final map of all or any portion of the real property included within such tentative map, shall be .filed without first processing a new tentative map. 3. 1 2 ._. 3I 4 6 B 7 8 9 ~.o ~I 12 13 I4 I5 16 k7 18 I9 20 2x ~a 23 24 2S 26 Section 4. That §20-68 of the Butte County Code is hereby amended to read as follows: _.. _____ §20-68 Extension of time. The A visory gency may extend its approval for an additional 18 months, if the approval for extension of time is granted prior to the original expiration date. A. An application for extension of time shall be reviewed by the Advisory Agency, which will deter- mine whether the map presently conforms to the requirements of a tentative subdivision map. B. The Advisory Agency may approve an extension of time, approve with conditions which cause the map to conform to present requirements, or disapprove. C. The decision of the Advisory Agency to disapprove an extension of time may be appealed to the Board of Supervisors pursuant to §20-bb. D. In the event that an approved tentative map is revised and subsequently approved by the Advisory Agency, the most recently approved tentative map shall constitute the only recognized tentative map for further action in consideration of filing of the map. Section 5. That §20-100.1 of the Butte County Code is ,hereby amended to read as follows: §20-100.1 Parcel ma im rovement. For a division of land which is not a subdivision of five ar more Tots, improve- ~. 1 2' 3 4 5 6 7 8 9 ZO 11 12 13 14 15 1B 17 Z8 1~ 20 2~. 22 23 24 2g 26 ments shall be limited to the dedication of rights-of-way, easements, and.. the construction of reasonable off-site and .... _ . on-site improvement for the parcels being created. Requir ments for the construction of such off-site and on-site improvements shall be noted by certificate on the parcel map, on the instrument evidencing the waiver of such parce map, or by separate instrument and sha11 be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed far record. Fulfillment of such construction requirements shall not be required until. such time as a permit or other grant of approval for development of a parcel is issued by the Coun y, or until such time as the construction of such improvement is required pursuant to an agreement bet~ureen the subdivide and the county, except that in the absence of an agreement, the county may require fulfillment of such construction requirements within a reasonable time following approval of a parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel. upon a finding of the Advisory Agency that fulfillment of the construction requirements is necessary for reasons of 1. The public health and safety; or 2. The required construction is a necessary prerequisite for the orderly development of the surrounding area. 5. 1 2 4' 6 81 7i 8 9 10 I1 l~ 13 i 14 15 1B ~.7 ~.$ as 20 2~. 22 ~3 24 2g 28 Section 6. That §20-103. of the Butte County Code is hereb .amended to read as follows: §20-101 Disa roval of A lxcabions. A. The Advisory Agency sha11 disapprove an application for a parcel. map if it finds that the application is not consistent with the general plan. B. The Advisory Agency shall disapprove a parcel map if it determines: 1. That the proposed land division is inconsistent wi specific plans or with board adopted community plans. 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 o£ 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 propose improvements are likely to cause substantial. envirox~nental damage or substantially and avoidably injure fish or wildl..ife or their habitat. 6. That the design of the land division or the type of improvement is likely to cause serious public health problems. 7. That the design of the land division or the type of improvement will conflict with easements, acquired 6. 1 2 3 4 5~ 6 7 8 9 a.o 11 12 13 14 15 16 17 ~8 19 2E3 21 22 23 24 26 28 by the public at large, for access through or use of, property within the. proposed subdvisa.on, ~n thi..s. connection, the governing body may approve an appli- cation if it finds that alternate easements, for access or for 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 easements establish d by judgFnent of a court of competent jurisdiction. $. That the proposed land division violates the provi- sions of this article and no exception has been granted. 9. That the proposed land division violates the provi- signs of the Zoning Code as to area, setback or fron- Cage requirements and no variance has been granted. C. Notwithstanding the above paragraphs A and B(l) through B(7) are not applicable to conversion of existing buil- dings into condominium projects unless new units are to constructed or added. Section 7. That §20-1b1 of the Butte County Code is hereby II amended to read as follows §20-161 Notice of Violation. Whenever any county departmen has knowledge that real property may have been divided in violation of the provisions of the Subdivision Map Act or of this chapter, it 's'hall either report such knowledge to the Subdivision Coirunittee or shall schedule a hearing in front 7. 1 of the hearing officer pursuant to §20-161.1. Notwithstand- 2 ing the above, the office of the District Attorney shall be __.. g exerifpt from the requirements of this section and §20- 4 Section 8. Section 20-161.1 of the Butte County Code is 5 ereby amended to read as follows: g §20-161.1 The county department having such knowledge of q the violation or the Subdivision Committee, which after 8 reviewing the report submitted to it by the county departure t g and finding that the circumstances warrant, unless such lp violation is under investigation and/or prosecution by the 11 office of the District Attorney, sha11: 12 {l) Set for hearing before the Subdivision Committee ~,3 the question whether or not bhere has been a 14 division of land in violation of the- Subdivision 15 Map Act or this chapter, and whether a notice of lg violation shall be recorded in the, office of the 17 County Recorder. lg {2) Mail a notice of said hearing to the owner of the 19 property affected as shown on the latest assessmen 20 ro11, said mail to be not less than 15 days before 21 the date of said hearing. Said. notice shall con- 22 tain a description of the possible violation, and 23 a statement that a finding of a violation may 24 result in the recordation in the office of the 2g County Recorder of a notice of such violation to ~g subseq,uent owners of the property, may result in 8. 1 _ 2 3 4 5 8 7 S 9 10 11 12 I3 14 15 16 17 18 19 20 23 22 23 24 25 2B the denial of permits or approvals necessary for development of the said property, or may result in ___...~. the institution ~of criminal action against t e 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 shall. be issued until a final. determination has been made regardi recordation of a notice of violation. Section 9. Chapter 20 of the Butte County Code is hereby ed by adding §20-11.2 to read as follows: §20-161.2 When violations are under investigation and/or prosecution by the office of the District Attorney, if a settlement is not reached and/or a judgment is rendered which does not provide for improvements deemed necessary by the Subdivision Committee, the Subdivision Committee shall proceed pursuant to §20-161..1. If a settlement is reached and/or judgment is rendered which provides for improvements deemed necessary by the Subdivision Committee and such improvements are completed, the Subdivision Committee shall issue and record a certi- ficate of compliance up an application, and payment of the fee set forth by resolution of the Board of Supervisors, by an owner of a parcel. or parcels within the illegally created subdivision. For purposes of this section, all. property remaining in the ownership or control of the 9. 1 2 3 4 6 6 7 8 9 io 11 ~2 13 ~.4 ~5 16 i~ 18 ~.s 20 21 22 23 24 2~ 2B subdivider shall be deemed merged insofar as possible, into - the-legal parcel or .parcels as they existed-prior to the-- - - illegal subdivision. fending completion of improvements deemed necessary by the Subdivision Committee, upon application of an owner of a parcel or parcels, except for the subdivider, the Subdivision Committee may authorize county departments to issue permits if the Subdivision Committee determines that the development of the property would not be detrimental to the public health or safety. The decision of the Subdivisio Committee may be appealed to the Board of Supervisors pur- suant to §20-1.72. Section 10. Section 20-1b5 of the Butte County Cade is hereby amended to read as follows: §20-1b5 Certificate of Compliance. Any person owning real property may request the county to determine whether such ' real property complies with the provisions of the Subdivisio Map Act and of this chapter. Applications for such determi- nation shall. be filed with the Subdivision Committee tagethe with a plot plan and such other information as may be pre- scribed by the Committee, including the. filing fee as . established by resolution of the Board of Supervisors. Section ll. This ordinance shall be and it is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage, and before the expiration of fifteen (15) days after its passage, this 10. 1 2. 3 4 5 6 8 9 is I~ 12 13 14 15 16 ~.7 18 19 $O ~~ 22 23 ?.~ 25 2B ordinance shall be published once with the names of the members, of the Board of Supervisors voting for and against .__. . _ .. ... ... it in the Oroville Mercury a newspaper published in the County of Butte, State of California. PASSED AND ADOPTED by the Butte County Board of Super- vi s or s this 25th day o f Apri ~.~ 19 7 8 , by the i following vote: ~ r: AYES :Supervisors Lemke, Madig s y, Richter and Chairman ~ o .~ NOES : None '` ABSENT : None NOT VOTTNG: None ti 1ZUJ3~;h""~.' A~ WliV~'1'UN, l;halrmaxl o the Board of Supervisors ATTEST: CLARK A. NELSON, County Clerk and ex--officio Clerk of the Board Il By ~,~~ 12.