HomeMy WebLinkAbout29591
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Ordinance No. 2959
ORDINANCE AMENDING SECTION 26-4 OF THE BUTTE COUNTY CODE
PERTAINING TO LEGAL ACCESS AND ROAD IMPROVEMENT
STANDARDS AS TO CERTAIN SUBDIVISION LOTS
CREATED PRIOR TO JT7LY 1, 1949
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1. Section 26-4 of the Butte County Code is amended to
read as follows:
Section 26-4. Access.
(a) Leaal Access. Any person applying for a building
permit for a new living unit or new commercial building on a lot
which does not front on and have direct access to a publicly
maintained road shall submit with the application a report from a
title company or a letter from a licensed surveyor or registered
civil engineer attesting to the fact that there is legal access
from the lot upon which the building is to be constructed to a
publicly maintained road. "Legal Access" means the right of
vehicular travel within a legal right--of-way, established,
created or approved by a recorded deed, court order or other
document of record. If the Director of Public Works determines
that the legal right-of-way is not of sufficient width to allow
construction of a road of a width complying with the road
improvement standards specified in subsection (b} below, he or
she may nevertheless approve issuance of the building permit,
waive the width requirements of such standards, and allow
construction o£ a road having a traveled way of a width less than
that specified in such standards, but in no event less than a
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1 width of sixteen feet.
9 (b) Road Improvement Standards.
3 1. Lot Not Fronting Publicly Maintained Road.
~ a. Urban Area. Any person applying far a building
.permit for a new living unit or new commercial building on a lot
~ within one of the urban areas designated in the Improvement
'7 Standards for Subdivisions, Parcel Maps and Site Improvements
g pursuant to Chapter 20 of the Butte County Code, which lot does
g not front on and have direct access to a publicly maintained
1~ road, shall be required to demonstrate prior to issuance of the
11 permit: (1) that any road extending along the frontage of the lot
12 where the building in question is to be constructed is improved
13 to the same standard specified for subdivisions in the
14 Improvement Standards for Subdivisions, Parcel Maps and Site
15 Improvements pursuant to Chapter 20 of the Butte County Code in
15 effect as of the date of the building permit application; and (2)
17 that the road from said lot to a publicly maintained road (or to
18 a road improved to county standards pursuant to the requirements
ly of a subdivision map recorded on or after July 1, 1949 or of a
~~ parcel map recorded on or after May 4, 1972) is improved to the
21 following standard: RS-8-LD-IV
42 b. Rural Area. Any person applying for a building permit
~~~ for a new living unit or commercial building on a lot which is
~~ not in such an urban area and does not front on and have direct
~r~ access to a publicly maintained road shall be required to
~~ demonstrate prior to issuance of the permit that any road
`'7 extending along the frontage of the lot where the building in
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question is to be constructed and the road from said lot to a
publicly maintained road (or to a road improved to county
standards pursuant to the requirements of a subdivision map
recorded on or after July 1, 199 or of a parcel map recorded on
or after March 4, 1.972} are improved to the following standard:
RS-8-LD-TTI.
c. Exception. If the applicant demonstrates to the
satisfaction of the Public Works Director that more than 50~ of
the original lots in the subdivision in which the lot is located
are each developed with at least one living unit, then the
requirements of subsections la and l.b above shall not apply.
2. Lot Fronting Publicly Maintained Road.
-Any person applying for a building permit for a new
living unit ar new commercial building on a lot which fronts on
and has direct access to a publicly maintained road or roads
shall be required to demonstrate prior to issuance of the permit
that the property frontage along said publicly maintained road or
roads is improved to the same road standard specified for
subdivisions in the Improvement Standards for Subdivisions,
Parcel Maps and Site Improvements pursuant to Chapter 20 of the
Butte County Cade in effect as of the date of the building permit
application. Provided, however, that if the applicant
demonstrates to the satisfaction of the Public Works Director
that more than 50~ of the original lots in the subdivision in
which the lot is located are each developed with at least one
living unit, then the requirements of this subsection 2 shall
not apply.
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Section 2. Severabilit If any part of this ordinance sha11 be
held void by a court of competent jurisdiction, such part shall
be deemed severable,; and the invalidity thereof sha11 not affect
the remaining parts of this ordinance.
Section 3. Effective date• Publication.
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 Ordinance shall be published
once with the names of the members of the Board of Supervisors
voting for and against it in the Chico Enterprise Record f a
newspaper published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of California, on the ~~~ day of
October 199]., by the following vote:
AYES: Supervisors Haux, P~1cLaughlin, 1'ulton and Chair Dolan
NOES : None
ABSENT: 5upervisar hlcInturf
NOT VOTING: Nane
O , Chair of the
But e County Board of Supervisors
ATTEST:
WILLIAM H. RANDOLP , Chief Admin~s rative
Officer and Clerk o the Board
By
(26-4.ord}
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