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Ordinance No. 3030
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3 ORDINANCE AMENDING SECT~ON 26~4 OF CHAPTER 26,
E1}TTITL~D "BUILDTNGS", OF THE BUTTE COUNTY CODE, PERTATNING
4 TO LEGAL ACCESS AN~ ROAD TMPROVEMENT STANDARDS REQU~RED ON
YSSUANCE OF BUILDING PERMITS AS TO CERTAIN
5 SUBDTVISION LOTS CREATED PRIOR TO JULY 1, 1949 ~
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7 The Board of Supervisors of the County of Butte ordains as
8 fol.lows:
9 Secta.on 1. Section 26-4 of the Butte County Code is amended to
10 read as f~llows:
~.1 "Section 25-4. Aocess.
12 (a) Leaal Access. Any person appl.ying for a building
13 permit for a new living unit ar new coz~mercia~
14 building on a lot which does not front on and have
15 direct access to a publicly maintained road shall
16 submit with the application a report fram a title
17 campany or letter from a licensed surveyor ar
~8 registered civil engineer attesting to the fact that
19 there is legal access from the lot upan which the
20 building is to be constructed to a publicly
21 maintained road. "Leqal acc~ss" means the r~ght of
22 vehicular travel within a legal right-of-way~
23 estab~.ished, created or approved by a recorded deed,
2~ court order ar other document of record. Tf the
25 director of public works determines that the 1.ega1
2G right-of-way is n~t o~ sufticient width to a7.1aw
27 canstruction of a road of a width complying with the
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1 road improvement standards specified in subsection
2 {b} below, he or she may nevertheless approve
3 issuance of the building permit, waive the width
4 requirements af such standards, and allow
5 construction of a road having a traveled way of a
6 width less than that specified in such standards,
7 but in no event less than a width of sixteen (16)
8 ~eet.
9 {b} Road Im rovement Standards.
10 (i) L~t not frontin ublicl maintained road.
11 a. Urban area. Any persan applying far a bui~ding
12 permit for a new living unit or new commercial
13 bui~ding on a lot within one o~ the urban
14 areas designated in the improvement standards
15 tor subdivisions, parcel maps and site
16 improvements purs~ant ta chapter 20 af the
17 Butte County Code, which Iot does not front on
18 and have direct access ta a public~y maintained
1.9 raad, sha11 be required to demonstrate prior td
20 issuance of the permit:
21 1. that any road extending along the frontage
22 of the lot where the building in question
23 is to be constructed is iFnproved to the
24 same standard specifa.ed for subdivisions
2~ in the improve~nent standards for
26 subdivisions, parcel maps and site
2'7 improv~ments pursuant to chapter 2 0 of the
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1 Butte C~unty Cade in ef teat as of tha date
Z of the building permit application; and
3 2. that the road from said I~ot to a publ.iciy
~ maintained road {or to a road improved to
5 county standards pursuant to the
6 requireanents of a subdivisian map recorded
~ on or after July ]., 1949 or of a parcel
g map recorded an or after May 4, 1972) is
g improvad to the following standard:
~p RS-8-LD-TV
11 b. Rural area. Any person applying for a building
12 permit for a new living unit or commeraial
13 bui].ding on a lat which is not in such an urban
14 area and does not front on and hava direCt
15 access to a publicly maintained road sha11 be
1~ required to demonstrate prior to a.ssuance of
17 the permit that any raad extending along the
~.8 ~rontage o~ the lot where the building in
lg question is to be constructed and the road from
2p sai.d lot to a publicly maintained road (ar to
~~, a raad improved ta county standards pursuant to
z2 the require~nents of a subdivisa.on map recorded
23 ~n or after July 1, 1949 or of a parcel map
24 recorded an or after March 4, 1972) are
~5 i~nproved to the following standard:
26 RS-8-LD-YII
27 c. Exception. If the applicant demonstrates to
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1 the satisfaction of the public works director that
Z }~~„ the nu~ber of existin residential
3 dwellin units in the subdivision exceeds fifty {50)
4 percent~ of~ the number of original lats in the
5 subdivisian in which the lat is Iocated ~a~e
6 ~e~e~-e~e~~~~t-k~~~-e~a-s ~ -
7 excepting therefrom any lot which has_been altered ~~a
8 subdivision map recorded on or after July 1, 1949 or_~
9 a arcel ma recorded on or after March 4 1972 then the
10 requirements of subsections (b)(1) a. and (b}(1)b. above
1~ shall n~t apply.
12 {2} Lot frontin ubl~cl ~naintained road. Any persan
13 applying for a building permit f~r a new living unit or new
14 commercial building on a 1ot which fronts on and has direct
15 access to a publicly maintained road ar roads shall be
16 required to demonstrate pr~.ar to issuance af the permit that
17 the property' frontage along said publicl.y maintained road or
18 roads is improved to the same road standard specif ied far
19 subdivisions in the impravement standards for subdivisions,
20 parcel maps and site improvements pursuant to chapter 20 of
21 the Butte County Code in e~fect as ~f the date af the bui~ding
22 permit application. Provided, however, that i~ the appl~cant
23 demonstrates to the satisfact~on af the pub~ic works director
24 that ~~n the number of existin residential dwellin
25 units in the subdivision exaeeds fifty {50} perent af the
26 number of original lats in the subdivision in which tha lat is
27 located ~-~-~Qe~re~~t~~e~e~-~rt-H.--~,x~~eas-t ~~~=:~Yi:ly u==~,
2g 4
1 exceptina therefrom any lot which has been altered bv a
2 subdivision ma recorded on or after J~l 1 1949 or b a
3 parcel ma~ recorded on_ ~r after March 4, 1972, then the
4 requ~rements of this subsection (2) shall not apply.
5 (c) Lots Affected. The requirements o~ subsections (a}
6 and (b) abave sha~l apply only to subdivision lots
7 which are not developed with legally constructed and
8 maintained living units or commercial buildings,
9 which are less than f ive acres in size and which
10 were created prior to July 1, 1949, or to any
11 portifln Qr combination of such lots. The
12 requirements o~ sections {a) and (b) sha11 not apply
13 to any portion or co~nbination of such lots created
14 by subd.ivision map on ~r after July l, 1949 or by
15 parcel map on or after March 4, 1972.
15 Section 2. Severability.
17 If any part of this ordinance shall be he1.d void by a court of
18 competent jurisdictian, such part sha1.1 be deemed severable, and
19 the invalidity thereof shall not a~fect the re~na~ning parts of this
20 ordinance.
21. Section 3. Eftective Date and P~bl~cation. This Ordinance shall
22 be and a.t is hereby dealared to be in full ~orce and effect from
23 and a~"ter th~.rty (30) days after the date of its passage, and
24 before the expiration of f ifteen (~5) days after its passage, this
25 Ordinance shall be published once with the names of the me~nbers of
26 the Board of Supervisors vating for and against it in the
27 Chico Enterprise Record , a newspape~' ptzbl.ished in the County of
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1 Butte, State of Cal~fornia.
2 PASSED AND ADOPT~D by the Board o~ Supervisors o~ the County
3 0£ Butte, State of California, on the ~Sti day ot
4 September __, 1992, by the following vote:
5 AYES: supervisors Mc~n~urf, Houx, McLaughlin., Fulton and Chair polan
6 NOES : ~o~~ ~
7 ABSENT : None
$ NOT VOTING : None
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E OLAN, air af the
~,p Butte County Baard of Supervisors
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12 ATTEST:
13 JOHN BLACKLDCK
Off icer and Cler of the Board
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By a.L-~---_-
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