Loading...
HomeMy WebLinkAbout2154Ordinance No.~ AN ORDINANCE AMENDING CRAFTERS 20 AND 24 OF THE BUTTE COUNTY CODE 1 The Board of Supervisors of the County of Butte, State 2 of California., DO ORDAIN as follo~rs 3 Section 1. That §20-4 of the Butte County Code is 4 hereby amended to read as follows: 5 §20-4. Exceptions. The hearing body in an action 6 relative to a matter before it m.ay authorize exceptions to any of 7 the requirements and regulations relative to the design of a $ subdivision. 9 (1} Application for any such exception shall be made 10 by a verified petition of the subdivider ar designated agent, ~~ stating fully the grounds of the application and the facts relied 12 upon by the petitioner. Tn order for the property referred to in I3 the petition to come within the provisions of this section, the 14 hearing body must find that all of the following facts apply with 15 respect to the subject property: 16 (a) That there are special circumstances or ~7 conditions of topography or size or shape or location or existing 18 development affecting the property. ~'~ (b) That the granting of the exception will not 20 b.e detrimental to the public welfare or injurious to other propert 21 in the territory in. which the property is situated. 22 (2} Appeals. All determinations o~ the Advisory 23 Agency may be appealed to the Board of Supervisors. 24 Section. 2. That §20-8 of the Butte County Code is 28 hereby amended to read as follows: 26 §20-8. Approved Access. "Approved access" means 1 right of vehicular travel, within a legal right-of-way that meets 2 County standards,--to a public street, with entry thereon, .over a 3 roadway that meets County design: standards. 4 Section: 3. That §20--9 of the Butte County Code ~.s 5 hereby r.ep.eaie.d. g Section 4. That §20-14 of the Butte County Code is 7 hereby amended to read as follows: g §20-14. Cu:l-de-sac. "Cui-de-sac" means a street 9 which connects to other streets only at one end and having provi- 10 lions for a turnaround at its other end. Streets temporarily dead lI ended at property line, but planned for future extension shall be ].2 provided a cui-de-sac in accordance with design resolution. 13 Section. 5. That §20-32 of the Butte County Code is ~4 hereby amended to read as follows: 15 §20-32. Ma , Preli~iinar "Preliminary map" means 18 a map submitted to the Subdivision Review Committee prior to 17 submission of a tentative map. ].8 Section b. That §20-35 of the Butte County Code is 19 hereby r..ep.ea:ied. 24 Section 7. That §20-37 of the Butte County Code is 2~ hereby amended to read as follows: 22 §20-37. Public S~anitar Sewer Facilit A sanitary 23 sewerage .facility pravided by a public entity. 24 Section 8. That §20-38 of the Butte County Code is ~ hereby amended to read as follows: 2B §20-38. Public Water Supply. A water supply 2. 1 provided by a local agency, publicly owned corporation, or 2 approved utility company or any-supply, subject to provisions of 3 Health. and Safety Code §§4010, et s~e . 4 Section 9. That §20-48 of the Butte County Code is 6 hereby amended to read as follows: ' 6 §20--48. Subdivision. "Subdivision" means the 7 division, by any subdivider, of any unit or units of improved or 8 unimproved land, or any portion thereof, shown on the latest 9 equalized county assessment roll as a unit or as contiguous units, ~0 for the purpose of sale, lease or .financing, whether immediate or 11 future except for leases of agricultural land for agricultural 12 purposes. Property shall be considered as contiguous units, even ~~ if it is separated by roads, streets, utility easements or rail- 1.4 road rights-af-way. "Subdivision", includes, a condominium 15 project, as defined in §1350 of the Civil Code, a community 16 apartment project, as defined in §11004 of the Business and 17 Professions Code, or the conversion of five or mare existing ~$ dwelling units to a stack cooperative, as defined in §11003.2 of I9 the Business and Professions Code. Any conveyance of land to a 2D governmental agency, public entity ar public utility shall not be 2Z considered a division of land for purposes of computing the number 22 of parcels. As used in this section, "agricultural purposes" 23 means the cultivation of food or fiber or the grazing or 24 pasturing of livestock. 25 Section 10. That §20-48.1 of the Butte County Code is 2B hereby repealed. II, 3. 1 2 3 4 b 6 7 8 s ~a 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 ~' 25 '26 Sectiozz 11. That §20-48.2 of the Butte County Code is _. hereby. added.. to read as follows: -- §20-48,2. Other Divisioins. Divisions of land not requiring the filing of a map pursuant to this ordinance and the State Map Act shall meet the following requirements: (a) Minimum width of right-af-way as specified in §20-134. (b) Sewage disposal and water supply standards, as contained in the improvement standards, adopted by resolution by the Board of Supervisors. (c) Lot standards of the zoning district in which the property lies. Section 12... That §20-48.5 of the Butte County Code is added to read as.fallows.: . §20--48.5. Subsequent Diva.s~~.ox~. 'f++Tithin. Oise Year. Nothing in §20-48 shall prevent a purchaser of a unit of land created under the provisions of this Chapter ar the State Subdivi-- Sian Map Act from subdividing such. land one time, pursuant to the provisions. of this Chapter prior to the time that an equalized county assessment roll has been completed reflecting the creation of the unit proposed to be subdivided. S'ect'ion 13. .That §20-49,of the Butte County Code is hereby amended to read as follows: §20-49. Mountain Recreational Subdivision. "Mounta recreational subdivision" is one which lies wholly within the area designated "Mountain recreational subdivision'" an the map 4. 1 _ 2. 3 4 5 6 7 8 9I 10 I1 '' 12 13 14 15 16 17 18 19 24 21 22 23 24 25 26 marked Appendix I in the improvement standards adopted by resolu- tion by -the Board of. Supervisors , _ .... . _ - . ._ _ Section 14. That §20-53.5 of the Butte County Code is hereby added to read as follows: X20--53.5. Zero Lot- Line Subdivision. A "zero lot line subdivision" is one which is to be developed with duplexes split by side lot lines and which meets the requirements of §24-34 { and §20--155 of this Code. Section 15. That §20-54 of the Butte County Code is hereby amended to read as follows: §20-54. Subdivis-ion Review Committee. The Subdivi-- sign Review Committee shall consist of the Director of Planning, the Director of Public Works, and the Director of Environmental Health or their deputies or appointed representatives. Section 'Zb. That §20-60 of the Butte County Code is hereby amended to read as follows: §20-60. When a Tentative or Final Ma is Re uired. A tentative and final map shall be required for all sub divisions creating five or more parcels, five or more condominiums as defined in §783 of the Civil Code, or a community apartment project contai~3n.ing five or more parcels, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in §11003.2 of the Business and Professions Code, except where: (1) The land before division contains less than fi~i acres, each parcel created by the division abuts .upon a maintaine 5. 1 2. 31! 4 5 6 7 8 9 10 II 12 13 14 15 18 17 18 19 2D 21 22 23 24 25 28 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 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 fox industrial or commercial development, and which. has the approval of the Board>af Supervisor; as to street alignments and widths, or (4) Each parcel created by the division has a gross area of forty acres or mare, or each of which is a quarter-quarter; section ar larger. A preliminary map may be filed by the subdivider for consideration by the Subdivision Review Committee prior to filing a tentative subdivision map. Such preliminary map may be considered without reference to any procedural requirements of this title. Sectio~i 17. That §2Q-b3 of the Butte County Cade is hereby amended to read as follows: §20-63. Action on Tentative Subdivision Ma.~s. The Planning Director shall prepare a written report to the Advisory Agency an a tentative subdivision map. (a) This report shall consider the relationship of th.e map to the Subdivision Map Act, to this article, the honing Cade, other County ordinances, the General Plan, specific plans 6. 1 2 3 4 s 6 7 8 91 10' 11 12 13 14 ~.5 16 L7 Is I9 20 21 22 23 24 2~ 2B and community 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. Azzy 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. S'ect~ion. 1$. That §20-64 of the Butte County Code is hereby amended to read as follows: §20-64. S~ubdivisiori Revieui ~Coi~imittee Action. The Subdivision Review Committee shall examine the tentative ,subdivi- sion 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 pro3ect as defined in §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 California, Office of Intergovernmental Management. Section 19. That §20-65 of the Butte County Code is hereby amended to read as follows: §20-65. Advisory Agency A'ct~:on. A public review sha11 be held by the Advisory Agency on all tentative maps, 7. 1 (A) At the public review,- the Advisory Agency shall 2 review the submitted tentative subdivision map, the report of the 3 Planning Director, the recommendations of any governmental 4 agencies which are available, the report of the Environmental ~ Review Director, and comments and responses of the subdivider and ~ 8 of other interested parties. 7 (B) The Advisory Agency shall within .fifty days 8 after the tentative map has been filed approve the conditz.ons or 9 disapprove. In making its determination the Advisory Agency 1~ shall: Y~ (1) Determine whether the design and improve- 12 ments shown on the map conform to the requirements of the Subdivi- ~~ sion Map Act, this article of the Butte County Code, County 14 ordinances, improvement standards set forth by resolution of the 15 Board of Supervisors, the General Plan, specific plans of the ~~ County and adopted community plans. ~7 {2) Determine whether the discharge of waste 18 from the proposed subdivision into an existing community sewer Z9 system would result in violations of existing requirements 20 prescribed by a California Regional 4dater Quality Control Board 2~ 'pursuant to Division 7 (cou~mencing with §13000) of the Water Code. 22 (3) Determi~rie whether the proposed subdivision 23 is a land project as defined in §I.1000.5.of the Business and 24 Professions Code; and if the project is determined to be a land 25 project: 28 (a) I~ a specific plan for' the area has $. 1 2 3 4 5 8 7 8 9 10 xa. 12 13 14 15 16 1'7 18 I9 24 2i 22 23 24 23 28 been adopted, the Advisory Agency shall determine whether the proposed design. and improvement of the subdivision is consistent with. said specific plan. (b) The Advisory Agency shall consider the response of the State Office of Intergovernmental Management, if received. C.. Within fzve working days after the Advisory Agency has acted on the map, the Public Works Director shall report the action in writing to the subdivider or person filing the tentative map, indicating any conditions of approval and including a capy of the approved tentative map, which decision shall be final unless appealed to the Board of Supervisors pursuant to Section 20-66. 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 map be destroyed. 9. 1 2 3 4~ S 6 7 8 9 30 I1 12 23 14 15 16 17 18 39 20 21 22 23 24 2g 2B Section. 20 ., That §20-b5.5 of the Butte County Cade is hereby amended to read as follows.:... §20-65.5. Disa royal. A. The Advisory Agency shall disapprove an applica- tion for a tentative map if it finds that the applicatiozz is nat consistent with the general plan. B. The Advisory Agency shall disapprove a tentative map if it determines: (1) That the praposed subdivision is inconsisten with specific plans or with board adopted community plans. (2) That the design or improvement of the sub- division, 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 proposed improvements are likely to cause substantial environmenta damage or substantially and avoidably injure fish or wildlife or their habitat.. (b) That the design of the subdivision or the type of improvement is likely-.~ to cause serious public health 9.a. 1 2 3 4 5 8 7 8 9 ~0 11 12 13 3.4 15 16 17 18 19 24 2I 22 23 24 25 26 Problems. {7) That the design of the. sub division or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the praposed subdivision. In this connection, the Advisory Agency may approve an application if it finds that alternate easements far access or far use, will 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 established by judgment of a court of competent jurisdiction. (8} That the proposed subdivision violates the provisions of this article and no exception has been granted. (9) That the proposed subdivision violates the ', provisions of the Zoning Code.as to area, setback or frontage 'll requirements and no variance has been granted. C. Notwithstanding the above, paragraphs A and B (1) through B (7), are not applicable to the conversion of existing buildings into condominium projects unless new units are to be constructed or added. Section 21. That §20~-bb o~ the Butte County Code is hereby amended to read as follows: §20-b6 . A_p~eals . (1} Within fifteen days after the action by the Advisory Agency any interested person may appeal to the Board of Supervisors, any finding, action or condition imposed by the 10. 1 2 3 4 5 6 7 S 9! 10 11 12 13 14 15 16 17 18 is 20 21 22 23 24 25 28 Advisory Agency by filing a notice of appeal with the clerk of the .Board o~ Supervisors.. _,. (2) The Board of Supervisors tray 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.) Upan filing an appeal, the Board of Supervisors 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 a hearing held on an appeal by the applicant, the Board of Supervisors shall render its decision on the appeal. (c) Within seven days following the conclusion of a hearing upon an appeal by an interested person adversely affected, the Board of Supervisors shall render its decision on the appeal. (3) Notwithstanding anything herein to the contrary, an appeal to the condition(s) may be made by the applicant after the fifteen day appeal period referred to in paragraph (1) of this section, within one year of the decision by the Advisory Agency, and the Board of Supervisors may act on such an appeal with a. noticed hearing where.. the Board of Supervisors.makes.the following findings:,- (a) The proposed change in the condition{s) will not adversely affect or cause a modification of the findings and determinations made in the environmental reviesa~process; and 11. 1 1 (b) The proposed change in the condition(s) 2 will. not bring about an inconsistency to the General Plan, or to 3 the zone ar to any specific plans far the property in question; 4 and 5 (c) The facts are presented giving good and g sii.fficient reason why the conditions} in question were not q appealed within the fifteen day period. g (d} The parcel map or final map has not been g recorded. 10 ~ Section: 22. That §20-57 of the Butte County Code is i i 11 hereby amended to read as follows: 12 §20-67. E~ ~iration of Tiine. The approval or 13 conditional approval of a tentative subdivision map shall be 14 valid for 18 months within which time the final map may be 15 presented to the Board of Supervisors for acceptance and recorda- 16 Lion. The 18 month period shall not include any time during which 17 a water or sewer moratorium, imposed after approval of the 18 tentative map, is in existence, provided, however, that the length 19 of such moratorium does not exceed 5 years. 20 Once such a moratorium is terminated, the map shall 21 be valid for the same pero.d~af-,time that was left to run on the. 22 map at the-time the moratorium was imposed; provided, however, 23 that if such remaining time is less than 120 days, the map shall 24 be valid for 120 days following the termination of the moratorium. ~ The expiration of the approved or conditionally ~6 approved tentative map sha11 terminate all proceedings and no 12. i 2 3 4 5 6 7 8 sl ~ 0 ~'i 11' 12 I3 I4 15 16 17 18 zs 20 2Z 22 23 24 25 ~6 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 3onap . If a decision by the Advisory Agency is appealed to the Board of Supervisors within 15 days of the Advisory Agency action, the time limit to file the final map shall commence from the date of the Board of Supervisors' action on the appeal. if a decision by the Advisory Agency is appealed to the Board of Supervisors of ter.the 15 day appeal period as permittE in §20-66(3), the time limit to file the final map shall commence from the date of Advisory Agency action. Section 23. That §20-67.5 of the Butte County Code is hereby amended to read as follows: §20-67.5. Extenstaari of Time for: Lawsu:its_. The period of time specified in §20-67 shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of the,-tentative map of a stay of such time period is approved by the Board of Supervisors. Within ten days of th.e service of the initial petition or complaint in such lawsuit upon the County, the subdivider may. apply to the Board of Supervisars for such stay of tame. Within forty days after receiving the applacataan from the subdivider, the Board of Supervisors shall either stay the time period specified in §2.0-67 or deny the request for stay of time. The Board of Super- visors may stay the time period specified in §20--67 for five years ~d 13. 1 or until the lawsuit is_,resolved, whichever occurs first. 2 This section may be applied to tentative maps approve 3 or conditionally approved prior. to the effective date of this 4 ordinance if the subdivider makes application for a stay to the 5 Board of Supervisors within sixty days after the effective date of 6 this ordinance. 7 Section 24. That §20-69 of the Butte County Code is 8 hereby amended to read as follows: 9 §24-69. Final Map. At any time before the expiratio IO of an approved tentative subdivision map the subdivider may cause I1 the subdivision or a logical part thereof to be accurately I2 surveyed and a final map prepared and presented to the Board of 13 Supervisors for approval, provided: I4 (1) That the location of a designated '.'remainder" 15 parcel has been indicated on the map which need not be .indicated LS as a matter of survey but only by deed reference to the existing 17 boundaries of such remainder, if such remainder has a gross area 18 of five acres or more. 19 (2) That the required fees have been paid. 20 (3) The subdivider has complied with the soils 21 report requirement of this chapter. 22 (4~) A preliminary title report has been submitted 23 to the Director of Public Works. 24 (5) The subdivider has complied with the subdivision ~ improvement agreement and bonding requirements adopted by the 26 Board of Supervisors. Tf the subdivider desires to~Vsubmit 14. 1 security in lieu of a bond, such security shall be submitted to 2 the Board of Supervisors-.for approval not later than one week__ 3 prior to submission of the final subdivision map. 4 (6) The subdivider has complied with the requirement 6 of the tentative map. 8 (7) Each of the tenants of a proposed condominium, 7 community apartment house project or stock: cooperative project 8 has been or will be given 120 days' written notice of intention 9 to convert prior to the termination of tenancy due to the conver- 10 Sion or proposed conversion. The provisions of this subdivision I1 shall not alter or abridge the rights or obligations of the 12 parties in performance of their conven.ants, including, but not 13 limited to the provisions of service, payment of rent or the 14 obligations imposed by §§1941, 1941..1 and 1941.2 of the Civil 15 Code. 18 (8) Each of the tenants of a proposed condominium, 17 community apartment house project or stock cooperative project 18 has been or will b e given notice of an exclusive right to contract 19 for the purchase of their respective units upon the same terms 20 and conditions that such units will be initially offered to the 21 general public on terms more favorable to the tenant. The. right 22 shall run for a period of not less than ~0 days from the date of 23 issuance of the subdivision public, report pursuant to §1101$.2 24 of the Business and Professions Code, unless the tenant gives ~ prior written notice of his intention not to exercise the rights. 28 ~~ 15 . 1 Section 2~5. That §24-b9.1 0~ the Butte County Code is ~ hereby amended .to read as follows:. g §20-69.1. Waiver of Signatures. A certificate, 4 signed and ackno~„rledged by all parties having any record title. ~ interest in the real property subdivided, consenting to the pre- 6 paration and recordation of the final map is required, except as 7 follows: g {~a) Neither a line for state, county, municipal or 9 local taxes, nor for special assessments, nor a trust interest 10 under band indentures, nor mechanics liens constitute a record 11 title interest in land for the purpose of this chapter or local 12 ordinance. 13 (b) The signature of either the holder of beneficial 14 interest under trust deeds or the trustee under such trust deeds, 15 but not both, may tie omitted. The signature of either shall 16 constitute a full and complete subordination of the lien of the 17 deed of trust to the map and:-any interest created by the map. 18 (c) Signatures of parties owning the following types 19 of interests may be omitted if their names and the nature of 20 their respective interest are stated on the final map: 2~ (l) Rights-of-way,. easements or other interests 22 which cannot ripen into a fee, except those owned by a public 23 entity or public utility. if, however, the Board of Supervisors 24 determine that division and development of the property in the 2~ manner set forth on the approved or conditionally approved ,~ 26 tentative map will not unreasonably interfere with'~the free and l6. 1 2 3 4 5 6 7 8 9 10 11 12 13 I4 15 16 17 18 19 20 21 22 23 24 25 26 complete exercise of th:e public entity or public .utility right-of- way or ease~ient, the signature o~ such pub7.ic entity. or public utility may b e 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 rahich has previously acquired a right-of-- way or easement. Tf the public entity or utility objects to either (i} recording the final map without its signatures; or {ii} the determination of the Board of Supervisors that the division and development of the property will not unreasonably interfere with the fu11 and complete exercise of its right-of-way or ease- went, it shall so notify the subdivider and the Board of Supervisors within 30 days after receipt of the materials from the subdivider. Tf the public entity or utility objects to recording the final map without its signature, the public entity or utility so 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 the map without its signature, the county may record the final map without such signature. l7. 1 If the public entity or utility files an objec- 2 tion to the determination of the Board of Supervisors. that the 3 division and development of the property will not unreasonably 4 interfere with the exercise of its right-of-way or easement, 5 the Board of Supervisors shall set the matter for public hearing g to be held not less than 10 nor more than 30 days of receipt of 7 the objection. At such hearing, the public entity or public g utility shall present evidence in support of its position that g the division and development of the property will unreasonably ~p interfere raith the free and complete exercise of the objector's ~~, right-of-way or easement. 12 If the Board of Supervisors finds, following 7.3 such hearing, that the development and division will in fact i4 unreasonab.ly interfere with the free and complete exercise of 15 the objector.'s right-of-way or easement, it shall set forth those IB conditions whereby such unreasonable interference will be 17 eliminated and upon compliance with such conditions by the 18 subdivider, the final map may be recorded with or without the I9 signature of the objector. Tf the Board of Supervisors finds 20 that the development and division will. in fact not unreasonably 2I interfere with the free and complete exercise of the objector's 22 right--of-way o~ easement, the final. map may be recorded without 23 the signature of the objector, notwithstanding its objections 24 thereto. ~ Failure of the public entity or public utility ~~ to file an objection pursuant to this secion shall`Tin no way l8. 1 2 3 4 5 B' 7 8 9 14 11 12 ].3 14 'i i 35 16 17 18 ~.9 20 2I 22 23 24 2~ 26 affect its rights under a right-of-way easement. (2 ). .Rights.-of-way easements or reversions., whch.b.y reason of changed conditions, long disuse or~laches appear to be no loner of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be s fated on the reap . (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 bath 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 26. That §20-90 of the Butte County Code is hereby amended to read as follows: §20-90. School Site I7ed:ications . A. Requirements. As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions located in ane or more school districts shall. dedicate to the school district or districts, within which. the subdivisions are to be located, such lands as requested by the affected school districts deemed to be necessary for the purpose of constructing thereon schools neces- sary to assure the residents of the-sub division adequate school 19. 1 2 S 4 5 8 8 9 io 1Z 12 13 14 15 i6 17 18 19 20 21 22 23 24 23 2B service. In no case shall there be an amount of land required fort dedication which would make..development of the zemaa.ning land he~.d by the subdivider economically unfeasible or which would exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board. B. Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within 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 committment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 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 sub- divider of the dedicated land, plus a sum equal to the total of the following amounts: (1) The cost of any improvement 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 20. 1 2 3 4 fi 6 7 8 9 10 11 12 13 i4 15 16 17 18 19 20 21 22 23 24 26 ~e incurred on any-Loan covering such land. - D. Exceptions. The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for amore than l0~years prior to the filing of the tentative maps. Section ~27. That §20-94.af the Butte County Code is hereby amended to read as follows: §20-94. When ~a Parcel Map is Required. Unless waived pursuant to §20-104, 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 ar highway and no dedication or improve- meets 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 highway, 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 far industrial or commercial development and which has the approval of the Board of Supervisors as to street aligbment and widths, or (4) Each parcel created by the division has a gross area of 40 acres or more, or each of which i5 a quarter- 21. 1 2 3 4 5 6 7 8 9 ~o 11 12 13 14 15 16 17 ],8 19 20 21 22 23 24 2a 26 quartet section or larger. (c} Four or fewer condominiums...as.defined in §783..o.f the-Civil Gode, conversion of a dwelling to a stock cooperative containing four or fewer dwelling units or a community apartment project containing four or fewer parcels. (d} When the boundary lines of two or more contiguous parcels are under one ownership are being changed or modified. S~ectiozi 2S. That §20--95 of the Butte County Code is hereby amended to read as follows: §20-95. When 'a Map 'is Nat' Req~a.ired, (a). Subdivisions created by short-term leases (terminable by either party on. nor more than 30 days' notice in writing) of a portion of the operating right-of-way of a railroad corporation defined as such by §230 of the Public 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 far the purpose of correcting, confirming or relocating a boundary common to abutting lots or units .of land.not provided-that the' ~~ appropa~ of .the Adv~;-sort' :Agency :is: obtained; b~-sed upon: (1) The lots or units -of:>l'and :ar-e ui.der=-di-f~fer ownership. (2} The resulting lots or units :,of -arid. sha,ll':cc~mply 22. 1 with the provisions of this Code provided, however, that the 2 Advisory Agency-may approve modificatiox~.s of non-.conforming-lots • 3 where the modifications do not affect the public health and safety. • 4 {3) No additional lot or~ unit<: of ~ land is~ Create 5 (4) If the boundary being adjusted is between B lots, the applicant or applicants shall record necessary deeds and 7 file a record of survey. S (5) If the boundary being adj~.s.ted: is between 9 p.nt~. of land. •no.t-..created by a mag, the applicant or .applicants.. 10 sh~.1l :record;- the ~necessaxy. deeds . 11 (6) The applicant or applicants shall contact 12 the Assessor's Office and request that the units.; of 7.and•:;be•~•.:. ~• 13 eombined,::so that; no new un~.ts.:.of land axe created. 14 (7} Applicant or applicants shall pay any 15 delinquent taxes. 16 (8) Applicant or applicants shall segregate any 17 existing deeds of trust. 18 Section 29. That §20-96 of the Sutte County Code is i9 hereby amended to read as follows: 20 §20-9b. Filin A lications for Parcel Ma s. The 21 owner {or his designated agent) shall file an application with 22 the Department of Public tidorks. The submitted material shall 23 conform to the requirements of the.Advisory Agency as.to form and 24 Content. 2b ...:. 28 ..... 23. 1 2. 3 4 5 6~ 7', 8 9 10 I1 12 13 14 15 18 17 18 19 20 2I 22 23 24 23 26 Section ~0. That §20-101 of the Butte .County Cade is .hereby. amended to readas follows:.. _ .. §20-101. Disa royal of ~A . l~icati~o~.s. A. The Advisory Agency shall disapprove an applica- tion for a parcel 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 division is inconsistent with specific plans or with board adopted community plans. 2, That the design or improvement of the applica Lion is not consistent with applicable general and specific plans. 3. That the site is not physically suitable for the type of developmennt. 4. That the site is not physically suitable for the proposed density of development. 5. That the design of the division or the proposed improveEnents are likely to cause substantial environment damage or substantially and avoidably injure fish or wildlife or ,their habitat. 6. That the design of the division or the type of improvement is likely to cause serious public -.health problems. 7. That the design of the division or the type of improvement will conflict with easements, acquired by the publ at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may 24. 1 .. 2 3 4 fi 8 7 8 gl 10 11' I2 13 14 15 18 17 18 29 2d 2Z 22 23 24 2~ 26 approve an application i.f it finds that alternate easements, for access or for us.e,-r,,ril1 be provided, and.that these will be substantially equivalent to ones previously acquired by the public. This subsection sha11 apply only to easements of record or to ease- ments established by judgment of a court of. :competex~.t' jux~~.sd~.ction. $. That the proposed division violates the provisions of this article and no exception has been granted. 9. That the proposed division violates the provisions of the Zoning Code as to area, setback or frontage requirements and no variance has been granted. C. Notwithstanding the above paragraphs A and B(1) through B(7) are not applicable to conversion of existing buildiz~.g into condominium projects unless z~.ew units are to be constructed or added. Section 31. That §20-102 of the Butte County Code is hereby amended to read as follows: §20-102. The Advisory Agency may not approve an application far a parcel- map..i.f,t..determines that: {1) The proposed division would enlarge, expand, or extend a non--conforming use of the land under the Zoning Cade of Butte County, or (2) The proposed division would be in .vio~lat'on ~of- ' any,• other .County. ordinance ._or any ;..County:.Code •provis ion, or (3) The discharge of waste from the proposed division into septic system or community sewer system would result in violation of existing requirements prescribed by the Central: 25. i 2 3 4 5 6 7 8 9 10 11 12 Y3 14 !~ 15' IB 17 18 T9 ~! 20 21 22 23 24 25 2B Va11ey Regional Water Quality Control Board pursuant to Division 7 (commencing-with. §13000... .of the Water._Code) . Section: ~3~. That §20-103 of the Butte County Code is hereby amended to read as follows: §20--103. E~plration of Time and Extension of Time. The approval ar conditional approval of the application shall expi eighteen months from date of approval, during which time the parce map may b.e presented to the Director of Public Works as provided below for acceptance and recordation. An application for extensio shall be filed with the Advisory Agency through the Department of Public Works. The Advisory Agency may extend its approval for an additional eighteen months, if the approval for extension of time is granted prior to the original expiration date. Tf a decision by the Advisory Agency is appealed to the Board of Supervisors within fifteen days of the Advisory Agency action, the ti~ae limit to file the parcel map shall commence from the date of the Baard of Supervisors' action on the appeal. Tf a decision by the Advisory Agency is appealed to the Board of Supervisors after the fifteen day appeal period as permitted in §20-b6(3), the-time limit to file the parcel map shalt commence ,from th.e date of Advisory Agency action. Section 33. That §20-103.5 of the Butte County Cade is hereby added to read as follows: §20-103.5. e Extension of Tune for Lawsuits. The peri~d 26. 1 2 3 4 5 6 7 8 9 xo 1]. 12 13 i4 15 1B 17 18 19 20 21 22 23 24 25 2B of time specified in §20-103 shall not include any period of time during wh~:ch a lawsua.t has been filed and is pending in a court.o~ .. _. competent jurisdiction involving the approval or conditional approval of the tenatative map, if a stay of such time period is approved by the Board of Supervisors. Within ten days of the service of the initial petition or complaint in such lawsuit, upon the County, the subdivider may apply to the Board of Supervisors for such stay of time. Within forty days after receiving the application from the subdivider, the Board of Supervisors shall either stay the time period specified in §20-103 or deny the request for stay of time. The Board; of Supervisors may stay the time period specified in §20-103 for five years or until the lawsui is resolved, whichever occurs first. This section may .be applied to maps approved or conditionally approved prior to the effective date of its ordinance if the subdivider makes application for a stay to the Board of Supervisors within sixty days after the effective date of this ordinance. Section 3:4. That §20-104 of the Butte County Code is hereby amended to read as follows:. §20-x.04. When Parcel Ma's' Ma be Waived. The Adviso Agency may waive the requirement for a parcel map in any case where:: (a} The subdivider files an application with the Public Works Department stating the existence of monuments and improvements. 27. 1 2 3 4 6 6 7 8 9 10 11 12 13 14 la 18 ~7 18 ].9 20 21 22 23 24 25 26 (b) The submitted material conforms. to the require- ments of the-Advisory Agency as to form and. content. (c} The subdivider files a tentative rna.p showing each of the parcels to be created. (d) The Advisory Agency finds that the proposed division, of land complies with the requirements of the California Environmental 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 plans of the County and adopted community plans. {e} In those cases where a waiver of a map is approved, the developer sha11 file a record of survey except when the parcels are quarter-quarter section, forty acres or larger, the Advisory Agency may waive the requirement for a record of survey. Section 35. That §20-105 of the Butte County Code is hereby repealed. Section 36. That §20-lOb of the Butte County Code is hereby amended to read as follows: §20-106. APpea.l. Appeal from any decision of the Advisory Agency 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. 2$. 1 Section 3~. That §2a-12a.1 of the Butte County Cade is 2 hereb amended to read as follows: y 3 §20-120.1. M~niinum Lot Area. The minimum area of 4 lots created by subdivision shall be specified in the zoning 8 regulations applicable to the property in question; provided, B however, that when individual sewage disposal systems are proposed, ? the minimum area of lots shall be as specified in said zoning 8 regulations or as determined by the requirements of Appendix VII 9 of the resolution establishing standards pursuant to this Chapter, 1D as amended, whichever is larger. Lot area for all parcels of less Il than one acre shall be computed exclusive of that area lying ~~ within access easements or public roads. 13 Notwithstanding anything to the contrary of this Z4 Chapter, the area of lots shall be of sufficient size to comply 15 w~.th the density requirements of the Butte County General Plan. 16 Section 3~. That §20~-121nof the Butte County Code is 17 hereby amended to read as follows: ~8 §20121. Mirii~um Frontage. 19 (a) In zoning districts with minimum lot widths of 20 65 feet or more and in zoning districts with no minimum lot widths 2Z minimum frontage requirements are as follows. 22 {1) Lots which front on a straight street and 23 lots with parallel side lot lines shall have frontage of 65 feet ~ or mare. 25 (2) Lots which front on a curved street or on 2B the end of a cul-de-sac shall have frontage of 40 feet or more at 29 . i 2 3 4 5 6 7 8 9 so ~~ 12 13 Z4 15 II 16 17 18 19 20 2I 22 23 24 25 26 the front lot line and b5 feet or mare .at the .street setback line. (b.) In zaz~.ing. districts. with minimum lot widths of Tess than 65 feet, minimum frontage required shall be the same as the minimum lot width required. Section 30. That §20-121.1 of the Butte County Code is ~ hereby added to read: §20-121.1. Designated Buildia~:g Setbacks. The Adviso Agency array require designation of no-building areas or of building setbacks mare restrictive than those otherwise required by this ~ Code, where: 1. Lots front on a cul-de-sac turnaround or other street with a right-of-way or easement of more than 60 feet in width; or ~2... Portions of lots are not suitable far structural development because of steep slopes, unstable soil, geologic and seismic hazards, high water levels, flooding potential, natural fire hazard, existing development or objectionable noise, odor or smoke; or 3. Structural development would damage or destroy water resources, historical and archaeological sites, rare plant and animal habitats, u-n.ique geologic features or similar environ- mental resources; or 4. Structural development would interfere with development and use of streets and highways, utility lines, publi recreation facilities, government buildings or similar community facilities. 30. 1 Section 40. That §20-122 of the Sutte County Code is 2 hereby amended to-read as follows:-- 3 §20-122. The depth of a lot shall not exceed three 4 times its width when the-lot has a width of less than 250 feet, 5 except where one: or more of the following conditions apply: 6 (1) The General Plan designates the area for agri-- 7 cultural, recreatio.r~al, commercial, industrial, public or other 8 non-residential use. 9 (2) The full depth of the lot will not be buildable 10 due to unusual topography such as the. existence of steep slopes, 11 flood plains, and bodies of water. 12 (3) The full depth of the lot will not be buildable 13 due to the existence of dedicated easements. 14 (4) A future street pattern in accordance with the 15 General Plan and an adapted community plan which provides for 16 further divisions which wi11 eliminate excessive depth to width 17 ratios. I8 Section 4~1: That §20-12b of the Butte County Code is 19 hereby amended to read as follows: 20 §20-126. Hi h~aa "and Ma'or Arterial Dedication.. If 21 any element of the General Plan shows any highway or majar arteria 22 so located that any portion thereof lies within the proposed 2~ subdivision, such portion may be required to be dedicated and show 24 as a highway or part of a highway within such subdivision in the ~ Gen:eral Plan. 26 ~l. 1 2 3 4 5 6 7 8 9 10 ~.1 12 13 14 '~ 15 16 17 18 xs 20 21 22 23 24 2~ 26 'Sect'ion 42. That §20-1.27 of the Butte County Code is hereby amended to read. as follows: _... _ 20-127. Street Patte~ri 'I}es~ n. The location, ~c~ridth 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 subdivision lies. ~Sectlon 43. That §20-128 of the Butte County Code is '' Thereby amended to read as follows: §20-128. Access. Each parcel of land shall have an approved access. Section 44. That §20-129 of the Butte County Code is ;hereby amended to read as follows: §20-129. Grant --of Access ~`Coi~trol. ~Along_ ,~ :~:: Thoroughfares. Where a sub division abuts on thoroughfares or expressways, the developer sha11 be required to deed to the County a one-foot strip of property along his frontage abutting the thoroughfare: or express way, except in those instances where the Advisory Agency determines that some access is desirable. Section 45. That §20-130 of the Butte County Cade is hereby amended to read as follows: §20-130. Control of Access - Other Streets. On minor and collector streets, the developer may be required to deed to the County a one--foot .s trip where lots are served by more than one street. 32. 1 2 3 4 5 6 8 9 10 1Z ~.2 13 ', Z4 ].5 is 17 18 I9 20 21 22 23 24 25 26 Section 45. That §20-133 of the Butte County Code is hereby amended to read as followsc - - §20-133. Cul-de-sac Streets. A cul-de-sac street in an urban area as shown in Appendix I of the design standards will not exceed 500 feet in length and shall not serve snore than 20 la 'or parcels. No cul-de=sac shall provide sole legal access to more than 20 parcels, except where all, parcels are more than 20 acres i I lot area. Section 47. That §20-134 of the Butte County Code is hereby amended to read as follows: §20-134. Minimum: Width. Normally a minimum b0-foot street right--of-way shall be required. A minimum 50-foot street right-of-way may be permitted for 1oca1 access streets, short through streets or unusual situations where a cul-de-sac is appropriate, except as provided for in §20-136. In an industrial area, a minimum b0-foot right-of-way is required. Section: 4$,. That §20-135 of the Butte County Code is hereby ~.epealed. Sectio~i 49. That §20-13b of the Butte County Code is hereby amended to read as follows: §20-1.36. Private Easement as A roved Access. The Advisory Agency may approve a building-free legal access easement as approved access for divisions of one parcel into two lots where (1) the providing of approved access required by this ordinance would prevent development of the proposed lot abutting the existing approved access to the property, or (2) where exist 33. 1 2 3 4 5 6 7 8 s 10 1.1 12 13 14 j 15 1B 17 18 19 20 21 22 23 24 2g 28 development on the proposed lot abutting the existing approved -access. did not leave enough area to provide approved access to the other lot. Such approval sha11 be subject to the following conditions: (1) The property sha11, prior to division., be within an, urban area as designated on Appendix I of the design standards. {2) The easement shall serve only one single-family dwelling. (3) A building-free turning area shall be provided on the lot or parcel served by the easement. (4) Maximum length of the easement shall be na more than 200-feet. {5} The minimum width of the easement shall be 20 feet to be improved as follows: (a) Sixteen feet of gravel roadway with a SC-250 prime eoa~ minimum. (b) Four feet reserved for utilities. (6) There sha11 be a building-free setback of 10 feet, measured from the edge of the easement unless the zoning district in which the property lies requires a greater setback. (7) The parcel abutting the existing approved access shall have a frontage on the existing approved access of a minimum of 75 feet. (8) Where possible, the easement shall be located adjacent to the existing driveways on neighboring parcels. 34. 1 {g) A statement shall be placed on the map indicatin ____ 2 that the.~._paxce,I_.~to. be._ served by the, easement cannot be divided _. 3 until an easement or right-of-way is provided, as set forth in ~ §20-1.34. g Section 50. That §20-140 of the Butte County Code is g hereby amended to read as follows: 7 §20-1.40. Bicycle Paths. Zn subdivisions of 200 or g more parcels or lots, the developer may be required to dedicate g such additional land as is necessary to provide for bicycle paths lp far the use and safety of the residents of the sub division. 11 (a) If required, bicycle paths shall have a minimum 12 width of 10 feet and may be required: 13 (1) to connect dead-end streets, or 14 (2) to provide access to parks, schools or `1S similar facilities. Such access is to be dedicated to and main- 16 twined by the agency served. 17 Section 51. That §20-141 of the Butte County Code is 18 hereby repealed. 19 Section 52. That a new §20-141 of the Butte County Cod 20 is hereby added to read as follaws: 21 §20-141. Pedestrian Wa s. In subdivisions of 50 or 22 more parcels or lots, the developer may be required to dedicate 23 such additional land as is necessary to provide far pedestrian 24 ways for the use and safety of the residents of the subdivision. 23 ~B ..... 35. G 1 2 3 4 6 6 7 8 9 i0 11 12 13 ~.4 15 16 17 18 is 20 21 22 23 24 25 28 {a) Zf required, pedestrian ways shall have a min.imum_wd~h._of 10 feet _and_may__be required: _. {1) to.connect dead-end streets, or {2) to provide access to parks, schools or similar facilities. Such access is to be dedicated to and m.ain- tamed by the agency served. Section~52. That §20-152 of the butte County Coda is hereby amended to read as follows: §20--152. Street lighting shall be provided as set Earth below and in the improvement standards. A, A street lighting system shall be furnished in place by the subdivider along all interior and boundary streets within all sub divisions in accordance with the standards set forth in the ir3nprovement standards of the County, except that only electrical outlets for lighting would be required where not detrimental to health and safety. B. The electroliers and all appurtenances thereto shall be located within the street right of way or within easement dedicated for such purpose, and the electroliers shall be spaced along the street as required for the type of electrolier placed i accordance with the improvement standards of the County. C. ~'or single family residential. subdivisions Navin an average lot street frontage of more than 125 feet; but not mor than 2Q0 feet, the street lighting system need not be placed aloe 36. 1 2 3 4 5 B 7 9 1Q 11 12 13 14 15 1B 17 18 19 24 21 22 23 24 25 26 the streets, but shall, as a minimum, be placed at all street intersect~.ons, cul-de-sacs,--and at other locations as required by.... the Di.rectar of Public Works. D. For planned developments, residential, commercial or industrial developments where the internal streets are not offered far dedication, a street lighting system need not be installed o.n the internal non-dedicated streets, but shall be provided by the developer on the external public street frontage. E. Street l~.ghts are not required for single family residential subdivisions with an average lot street frontage of more than 200 feet. In determining the average lot street frontagE lots not designed for single family residential use shall not be considered. F. Street lights ~ ma.y~~ ~: be required for subdivi- ', sions located within the mountain recreational area as shown in Appendix I of the design standards. Section 5~. That §20-153 of the Butte County Code is hereby amended to read as follows: §20--153. Water, sewage disposal and public utilities shall be~pxovided as set forth below: A. The construction and maintenance of wells and septic tanks shall meet the applicable standards ar ordinances of the County. B. Where a public sewerage facility is available to the subdivision, but a public water system is not, the Advisory Agency may upon recommendation of the Director of Environmental r~ 37. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1~ 18 is 20 27. 22 23 24 25 28 Health, require installation of a public water system as a condi- ~'~ Lion of approval.of the .tentative map. _ C. All lots within a division shall be provided with a public water system or approved for individual. water supply systems as set forth in the design resolution. Section 55. That §20-155 of the Butte County Code is hereby added to read as follows: §20-155. Lots in 'Z'ero Lot' Line Subdivisions . Each lot in a "zero lot line subdivision" shall be required to meet the standards required by this Code except that: (a) Lot area shall not be less than 4,000 square feet for interior lots and 5,000 square feet for corner lots where such lots are served by a public sewer system and public water system; (b) Lot width shall not be less than 40 feet for interior lots and 50 feet for corner lots; (c) Side yards shall not be less than 5 feet except along the lot line splitting the duplex. Section 56. That §20-15b of the Butte County Code is hereby added to read: as follows: §20-156. 'Off-Street Parkin ~ Re uireinents. All lots shall be designed so as to meet the off-street parking requirement of Chapter 24 of this Code. 38. 1 'S'ecti'on 57. Th~.t §2Q-161.1 of the Butte County Code is 2 hereby amended to read .as follows: 3 §20-161.1. No~C~ce. The county department having 4 such knowledge of the violation or the Subdivision Comin.ittee, 5 which after reviewing the reports submitted to it by the county g department and finding that the circumstances warrant, unless such 7 violation is under investigation and/or prosecution by the office g of the District Attorney, skull: g (1) File with the Recorder, a notice of intention to Zp record a notice of violation, which notice shall describe the ~.~, property in detail, naming the owners thereof, describing the 12 violation, and stating that the opportunity will be given to the 13 owner to present evidence. Z4 (2) Set for hearing before the Subdivision Committee ~5 the question of whether or not there has been a division of land i 16 violation of the Subdivision Map Act or this Chapter, and whether 1'7 a notice of violation should be recorded in the office of the 18 County Recorder. Upon recording the notice of intention, a copy 19 of the notice shall be sent to the owner of the real property 20 setting Earth the time, date and place of such hearing, at which 21 the owner may present .evidence. 22 (3) Deliver a copy of said notice to the Planning, 23 Public Works and Health~Departments. After such delivery, no 24 permits or approvals sha1~ be .issued until a final determination ~ has been made regarding recordation of a notice of violation. 2B 39. i ~, Sectfan 58. That §20-162 of the. Butte County Code is 2 hereby amended to read as .follows:. 3 §20-162. Action Re ardin Notice 'o'f Violation. At 4 the time of said hearing, after hearing the evidence presented by 6 the representative or repesentatives of the county, the owners of 6 the property, and any other interested persons, the hearing officex 7 or Subdivision Committee shall determine whether or not the 8 property has been divided or has resulted from a division in viola- 9 Lion of this Chapter or the Subdivision Map Act. 10 If the owner of the real property has failed to infor~ Zl the County of his objection to recording the n.atice of violation, 12 or if the hearing officer or Subdivision Committee determines that 13 the property has been divided or has resulted from a division in 14 ,violation of this Chapter or of the Subdivision Map Act, the 15 County department or the Sub division Committee sha11 mail a notice ZB so stating to the owner or owners of the property affected as 17 shown on the latest assessment roll, advising them of their right 18 to appeal this decision to the Soard of Supervisors pursuant to Z9 §20-173 and further .stating that a notice of violation shall be 20 recorded with the County Recorder containing the information 2I specified in §66499.36 of the Government Code. The county depart- 22 meet or .Subdivision Coi~nittee shall forward a copy of said notice 23 to the Distract Attorney for possible prosecution. If the hearing 24 officer or Subdivision Committee determines that no violation has ~ occurred or that a violation has occurred but has been corrected, 28 the Subdivision Committee shah. record a certificate of compliance 40. 1 2 3 4 6 6 7 8 9 10 33 12 '~ 13 i 34 35 16 ].7 18 19 20 '' 23 '~ 22 I, 23 24 25 '', 20 '~ in a form specified in this Chapter which shall constitute a release of the notice of intention to record a notice of vi.oldtion. Section 59. That §20-184 of the Butte County Code is hereby amended to read as follows: §20-180. General. Subdivided property may be reverted to acreage either by final. subdivision map or by parcel map pursuant to provisions of this Chapter. Where existing cots were legally created prior to April 4, 1974, which individually do not meet the current requirements of Chapter 19 of the Butte County Code, are being reverted to acreage, the Advisory Agency may approve such rev~rsian provided that the acreage resulting from the reversion meets the current requirements of Chapter 19 of the Butte County Code. Section 6p'. That §20-214 of the Butte County Code is thereby added to read as follows: §20-214. Drainage Fees. Pursuant to Government Code §66483, the Board of Supervisors has adopted the Master-Drainage Plan,. Thermalito Area, Butte County, which Plan sets forth the facilities necessary to provide drainage for the area. The Plan also sets forth minimum development fees for ~~ storm drainage, which will be adopted by. resolution of the Board of Supervisors. The Advisory Agency may allow payment of said fees, adopted by Board resolution, in lieu of the developer constructing permanent drainage facilities as a condition of approval of a map within the area encompassed within the Master Drainage Plan. 4.1. 1 2. 3 4 5 6 8 9 10 11 12 l3 ].4 15 16 17 is 19 20 2Z 22 23 24 25 26 Section 6l. That §24-34 of the Butte County Code is hereby .amended .to read as follows: _. ~.... §24-34. Site Requirements fat Split-Duplex Lots . Zn those zoning district in which §24-33 is appli- cable; a two--family dwelling may be erected over a lot line so that each dwelling unit is located on a separate lot. Each lot occupied by one dwelling unit of a duplex split by a lot line shall be required to meet the following minimum standards: (a) Lot area: Lot area shall not be less than 4,000 square feet for interior lots and 5,000 square feet for corner lots. (b} Lot width: Lot width shah. not be less than 40 feet for interior lots and 50 feet for corner lots. (c} Side yards: Side yards shall not be less than 5 feet except along the lot line splitting the duplex. (d) Front an:d rear yards: Front and rear yards shall meet the requirements of §24-33. Section: 62. That this ordinance shall take effect thirty (30) days after the date of its adoption, and before the expiration of fifteen (IS) days after its passage, it shall be published with the names of the members voting for and against the same in the Orov~le~M~rcury a newspaper published in the County of Butte, State of California. 4z. ,~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1B ~.7 18 19 20 21 22 23 24 25 ~', 26 PASSED AND ADOPTED by~the Butte County Board of Super-- visoxs this. ~ 21st day. of Oc-~ober 1.980, by the- follo~ring vote: AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Zemke NOES: None ABSENT: None NOT VOTING: None ;' ROBERT E. LEMKE, Chairman of the Board of Supervisors ATTEST: CLARK A. NELSON, County Clerk~Recorder and ex-offic' Cl of the Berard By 4:3'..