HomeMy WebLinkAbout3188i
Ordinance No. 3188 _
2
3 AN ORDINANCE AMENDING THE SUBDIV~S70N ORDTNANCE OF TT~E,COUNTY OF BUTTE
(CHAPTER 20 OF THE BUTTE COUNTY CODE) AND MAKING RELATED
4 CHANGES IN BUTTE COUNTY CODE SECTIONS 2-40, 2-~150 AND 2-1.~1
5 The Boa~d af Supervisars of the County of Butte ordains as follows:
6 Sectian 1. The Subdivision Ordinance of the County of Butte, Chapter
7 20 of the Butte County Code, is amended to read as specifa.ed in Exhibit
8 A, which a.s attached hereto and incorparated herein by this reference.
9 Section 2. In o~der to reflect procedural changes made by the above
~.0 amendment of Chapter 20, Sections 2-40, 2-150 and 2-151 of the Butte
11 County Code are amended to read as follows:
12 "Section 2-40. Duties of department.
13 The duties to be performed by the department of public works
14 sha~.7. be as follows :
15 (a) Supervxse, prepare or obtain designs and plans for
16 roads and bridges;
17 (b) Perform surveyinq and mapping;
18 (c) Tnspect county roads and bridges;
19 (d) Construct and maintain, and contract fo~ the
20 constructian and maintenance of roads, bridges and
21 drainage;
22 (e) Da all things pertaining to caunty dumps;
23 (f~ Do all th~.ngs pertaining ta county ferries;
24 (g) Assist in al]. matters pertaining to water deve~.opment
25 and control;
26 (h) Perform the duties of the road department as detined
2 7 by ~.aw .
2 8 ~~ ~
1 (i) Administer all technical matters pertaining to land
2 development, including but nat limited to
3 subdivisions, and improvements relating to
4 commercial, industrial, and multifamily residential
~ deveLopment~ and drainage facilities related thereto,
6 pursuant to regulations adopted by the county and
7 provisions of state law, excepting those technical
8 matters which are the respansibi~ity of the director
9 of public works under applicab~e provisions of the
10 County Charter, th~ Butte County Code, and state
11 ~aw. "
~.2 "Section 2 -150. ~epartment created.
13 There is hereby created in the county a department of
14 development services. Said department shall consist of the
1.5 following a~~ices and divisians:
16 (a) Director's aff~ce;
17 (b) Bu~.lding requlations division;
18 (c) Planning division."
19 "Section 2-151. Duties of depar~ment.
20 The duties to be performed by the department af development
21 services shall be as fallows:
22 {a) Buil.ding regulations division. Adma.nister
23 all building regul.ations adopted by the
24 caunty and appropriate state building
25 reguiations, and issue all permits related
26 thereto.
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2
1 (b) Planning Division. Administer all
2 technical matt~rs pertaining to p~anning
3 and zonzng pursuant to regulations adopted
4 by the county.
5 (c) Direator's ofPice ar designee(s) . Perfor~n such other
6 duties and functions as may be assigned from time to time
7 by the board of superviso~s.r~
8 Section 3. Severabilit .
9 Tf any part o~ this ardinance shall be held void by a court of
10 competent jurisdzctian, such part sha11 be deemed severable, and the
11 invalidity thereof shall not a£fect the remaining parts of this ordinance.
12 Section 4. Effective Date and Publication. This Ordinance shall be and
13 it is hereby dec~ared ta be in fu1~. ~orce and effect froan and after thirty
14 (30) days a~ter the date of its passage, and before the expiration of
15 fifteen (15} days after its passage, a display advertisement shall be
16 published in aaaardance w~th Gove~nment Code Seation 25124(b)(2) giving
17 notice of the adoption of this Ordinance and including the names of th~
18 members of the Board of Supervisors voting for and against it, Said
19 display advertisement shall be published in the Chico Enterprise Record,
20 Gridley Herald, Orovilie Mercury Register and Paradise Post, newspapers
21 published in the County of Butte, State of California.
22 /ll
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3
1 PASSED AND ADOPTED by the Boa~d o~ Supervisors of the County of
2 Butte, State af California, an the 14~eh day of March , 1995,
3 by the following vote:
4 AYES : Supervisors Dolan, Houx, Thomas and Chaa.r McLaugh].in
5 NOES : Supervisoz Meyer
5 ABSENT: Nane
7 NOT VOTING: None
~ ~~ '
ED MCLAUGHLTN Chair 4f the
9 Butte County Board ot Supervisors
].0
11 ATTEST:
12 JOHN S. BLACKLOCK
O££icer and Cle of the Board
13
By
14
15 ( sul~div. cln)
16
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4
CHAPTER 2~
SUBDIVlSION*
Art. i. Purpose of Cf~apter, S 2~-1
Art. If. Generaf Pro~isions, SS 2Q-2 - 20-6
Art. III. Defir~itions, SS 20-7 - 2D-59
A~t. lV. Subdi~ision Maps, SS 20-60 - 2a-93
Art. V. Parcel Maps, SS 20-94 - 20-~ 19
Art. VI. D~sign Standards, SS 20-12~ - 20-~ 59
Art. VlI. Violations and Certificates af Campliance, SS 20-160 - 20-179
Art. VIII. Re~ersions to Acreage, SS 20-~80 - 20-209
Art. IX. Drainage F~es, SS 20~210 - 2~-249
Art. X. Establishing Regufations ~or Vesting Tenta~i~e Maps for Residential
Subdi~ision, SS 20-250 - 20-260
ARTICLE I. PURPOSE OF CHAPTER
1 [Sec. 20-~. Scope.]
2
3 (a) This chapter is enacted to facilitate and insure orderly de~elopment of lands in
4 the unincorporated areas i~ the cour~ty.
5
6 (~) This chapter shall implement the objecti~es established for the de~elopment of
7 the county in conformance with i~s genera~ plan, and the master streets and highways
8 plan. A proposed subdivision or land division shall be considered in relation to such
9 plans.
~0
11 (c) This chapter shall pro~ide s#andards go~erning the s~r~eys, designs ar~d
12 impro~ements of subdi~isions; and the submission of maps, plans and specifications
13 for the construction of impro~ements.
14
15 (d} This chapter s~all provide for go~eming standards for heal~h and sar~itation
~6 requirements, and the construction and installation of streets, roads, highways, ~ublic
17 utilities and other impro~ements. The Butte County Board of Superrrisors shall provide
18 a fee schedule for seruices rendered by the county.
19
2~ (e} This chapter shall pro~ide for the creation of reasonable buildi~g sites by
21 establishing adequate road widths, proper alignment of roads, adeguate lot sizes and
22 means of ingress and egress to and from tF~e property.
23
24 (f} This chapter shall control the division of land which is subject to inundation ~y
25 fkooding from natural streams or artificiaf pondi~g caused by man, and ot~er
2B de#rimentaf influer~ces which may cause land to be unsuitable for satis~actory
27 de~elopment.
2$
1 {g) This chapter shalf controf the di~ision of land which may be s~bject to
2 dangerous or ~nsuitable soil conditior~s of any type, or subject to any other
3 impediments affecting the ~se of the lar~d #or ~uman habitation.
4
5 (h) ~ This chapter shall pro~ide rules and regufation governing the contents of
6 tentative and fir~al s~bdivision maps, land divisions and parcel maps; it shalf establish
7 met~ods for the processing ar~d filing of fhe maps and regufate other reEated matters.
8
9 (i) This chapter shall provide fior the numbering of afl fiinal s~bdi~ision maps in
1 a addition to tF~e name gi~en by the subdi~ider. Such numbers shafl giv~ the last two (2)
11 digits of the year in which the map was filed and the number, in order, of the
12 subdivision map submitted in that year.
13
~4 ARTICLE 11. GENERAL PROVISIONS
15
16 Sec.20=2. Purposes.
17
18 In the i~terest of protecting the health, safety and general we{fare of the peopl~ of
19 Butte County, t~~s chapter has as its purposes:
20
2~ (1) To effectuate the Caiifor~ia Subdi~ision Map Act;
22
23 (2) To effectuate the general pfan, specifiic plans a~d adopted community plar~s of
24 the county relati~e to the subdivision of land;
25
26 {3) To regufate t~e subdivision of land a~d re~ersions to acreage and to regulate
27 and cor~tro! the desig~ and impro~ement of subdivis€ons.
28
29 Sec. 20-2.5. Responsible departments.
3D
31 Nofirvi~hstanding anything in this chapter to ~he contrary, the Director of Development
32 Ser~ices s~all be responsible for, and the Department of De~elopment Services shall
33 process, all tentative applications submitted pursuant fo this chapt~r except that the
34 Director of Public Works shall be responsible for, and the Department of Public Works
35 shall process all co~ditionally apprn~ed applications.
36
37 Sec.20-3. Limitations.
38
39 This chapter shalk be inapplicable to:
40
41 (1) The financing or leasing of apartments, offices, stores or similar space within
42 apartme~t buildings, industria! buildings, commercial buildings, mobile home
43 parks or trailer parks;
44
45 {2) Mineral, oil or gas ieases;
46
2
1 (3) Land dedicated for cemetery purposes under the Health and Safety Code of the
2 State of California;
3
4 {4) A lot fine adjustment between iwo (2) or more adjacent parcels, where the land
5 taken from one parcel is added to an adjacent parcel, and where a greater
6 number of parcels than ariginally existed is not thereby created, provided the lot
7 line adjusfimen~ is approved ~ursuant to the provisions of this chapter.
8
9 (5) Boundary {ine or exchange agreements to which the state lands commiss~on or
10 a loca~ ager~cy hofding a trust grant of tide and s~bmerged lands is a party.
1~
12 (6) Any separate assessment u~der Section 2~ 88.7 of the Re~enue and Taxation
13 Code.
14
15 (7) Unless a parcel or final map was approved by the legislative body of a local
16 agency, the con~ersion of a community apartment project, as defined in Section
17 110D~ of the B~siness and Profess~ons Code, to a condominium, as defined in
1S Section 78~ of the Civil Code, but only if all of the fol~owing requirements are
~9 met:
20
2~ {a) At least se~enty-fi~e (75} per cent of the units in the project were
22 occupied by ~ecord owne~s of the project on March 31, 1982.
23
24 (b) A final or parcel map of the project was properly recorded, if t~e property
25 was suk~di~ided, as defined in Section 66424 ~of the Subdivision Map
26 Act], after January '1, 1964, with all of t~e conditions of t~e map
27 remair~ing in effect after the conversion.
28
29 (c) The local agency certifies that the above requirements were satisfied if
30 the local agency, by Ordinance, pro~id~s for suct~ cerrification.
31
32 (8) Ur~less a parcel or final map was approved by the legislati~e body of a local
33 agency, the conversion of a stock cooperati~e, as defined in Section 1~ 003.2 of
34 the Business and Professions Code, to a condominium, as defined in Section
35 783 of the Ci~i1 Code, but oniy if alf of the following r~quirements are met;
36
37 {a) At least fifty-one (51) per cent of ~he units in the cooperati~e were
38 occupied by stockhofders of the cooperati~e on Ja~uary 1, 1980, or
39 indi~idual{y owned by stockho~ders of the cooperati~e on ,~anuary 1,
~0 1980. As used in this paragraph a cooperati~e unit is "i~di~idually
41 owned" if and onfy if the stoc~Cholder of suc~ ur~it owns or pa~tialiy owns
42 an interest in no more than one (1) unit in the coopera#iue.
43
44 (b) No more than twenty-five {25) per cent of the s~ares of t~e caoperati~e
45 were awned by any one person, as defined in Section 17, [of tF~e
46 Go~ernment Code], including an incorporator or director of the
47 cooperati~e, on January 1, 1980.
3
1 (c) A person renting a unit in a cooperafi~e shal! be ent~tled at the time of
2 con~ersion to all ter~ant rights in state or local law, inciuding, but not
3 limited to, rights respecting ~irst refusai, no#ice, and displacement and
4 reiocation benefits.
5
6 (d) The local agency certifies that the a~o~e requirements were satisfied if
7 the lacal agency, by Ordinance, pro~ides for such certification.
8
9 {9) The financing or leasing of any parcel of land, or any por~ion thereof, in
1D conjunction with fhe construction of commerciaf or industrial buildings on a
11 singfe parcel, unless the projECt is not subject to ~eview under other local
12 agency ordinances regufating design and impro~ement.
13
14 {10) The financing or leasing of existing separate commerciaC or industrial buildings
15 on a single parcel.
16
17 Sec. 20-4. Exceptions #o design requirements.
~8
~9 The hearing body in an action relati~e to a matter before it may authorize exceptions
2Q to any of the requiremenfis and regulations relative to the design o~ a subdivision.
21
22 (~} Application. Application for any such exception shall be made by a ~erified
23 petition o# tf~e subdi~ider or designated agent, stating fully the grounds of the
24 application and the facts refied upon hy the petitioner. In order for the property
25 referred to in th~ petition to come within the pro~isions of this section, the
26 hearing body must find tha~ all of the following facts apply with respect to the
27 subject property;
28
29 (a) That there are special circumstances or conditions of topography or size
3D or shape or location or existing development affecting the property,
31 which circ~mstances, condi~ions or de~elopment existed at the time the
32 appfication for the map was determined or deemed to be complete.
33
34 (b) That the granting of the exception wiil not be detrimentai to the public
3~ welfare or injurious to other property in fhe territory in w~ich the property
36 is situated.
37
38 {2) Appeals. All deferminations o~ the Ad~isory Agency may be appealed to the
39 Board of Super~isors.
40
41 Sec. 20-5. Extensions of time fimits.
42
43 The time limits speci#ied in this chapter for reportir~g and acting on maps may be
~44 extended by mutual consent of the subdivider and the Advisory Agency or the Board
45 0# S~pervisors, and as authorized by the State Subdivisior~ Map Act.
46
47
4
1 Sec. 2~-fi. Violation misdemeanoc,
2
3 Any violation of tk~is c~apter shall constitute a misdemeanor and shall be punished as
4 pro~ided ~y law. Each day a ~iolatEOr~ o~ this chapter cor~tir~ues shall be considered a
5 separate offense.
6
7 Sec. 20-fi.5. Sections effe~ti~e when Recreation Efement amended.
8
9 Notwithstanding anything in this chapter ta the contrary, sectior~s 2-74, 20-75, 20-76,
~ 0 2q-77, 20-78, 20-79, 20-8~, 20-81, 20-82, 2~-83, 20-84, 20-85, 20-86, 20-87, 2~-88, and
11 2a-89 sf~all nof become effiecti~e t~ntil the Recreational Element of the Butte County
12 General Plan has been amended.
13
14 ARTICLE III. DEFINITIONS
15
~ 6 Sec. 20-7. Generally.
~7
~8 All words used in the singular inelude the plural, and the plural the singular; each
19 ge~der includes t~e other; and any tense includes the other tenses unless the context
20 requires otherwise. The word °shall" is mandatory a~d the ward "may" is permissive.
21 The ward "includes" shal! not limit a term to the specific examples, but is ir~#ended to
22 extend its mea~ing to all other instances or circumstances of fike kind or character.
23
24 Sec. 20-8. Access, appror-ed.
25
26 "Appro~ed access" means right of vehicular travel, within a legal right-of-way that
27 meets county startdards, to a p~b~ic street, with entry thereon, over a roadway that
28 meets co~nty design standards.
29
30 Sec.20-9. Reserved.
31
32 Sec. 2~-10. Ad~isory Agency,
33
34 "Ad~isory Ager~cy" means the Butte County Development Review Committee charg~d
35 with the duty of making in~estigations and reports on the design and impro~ement of
36 pro~osed di~isions of real prope~#y, the imposing of ~equirements or conditions
37 thereon, or ha~ing the authority under this chapter to approve, conditionally appro~e
38 or disappro~e maps, incfuding reversions to acreage by parcek map, excepting t~at in
39 the e~ent of subdi~isian of property pursuant ~o Government Code Chapter 6.7, Article
4{} 2, Section 51119.5, Di~~sion of a~d zoned as Timberland Production into parceks of
41 less than one hurtdred si~y (160) acres, the~ in that event the Board of Superuisors is
42 t~e Ad~isory Agency ha~ing the authori#y under this chapter #o, wit~ a four-fifths va~e,
43 appro~e, conditionafly approve or disappro~e maps, including reversions to acreage
44 by parcel map.
45
5
1 NotwitF~standing any of tE~e abo~e, wher~ a tentative map is submitted in conjunction
2 with a Planned Unit De~elopment, fihe Board of Super~isors s~all act as the ad~isory
3 agency for purposes of action on the tentati~e map.
~
5 Whene~er the Board of Supervisors acts as the Ad~isory Agency, Sections 20-66 and
6 20-106 of Chapter 20 of the Butte County Code shall be inappficable.
7
8 Sec.20-11. Alley.
9
~0 "Alley" means a p~blic thoroughfare fess thar~ ~hirty (3D) feet in width, which affords
~ 1 onfy a secondary means of access to abutting property.
12
13 Sec. 20-12. Appeai Board.
1~
15 "Appeal Board" means the Butte County Board of Supervisors designated as the
~ 6 Appeal Board to hear appeals from actions of the Ad~isory Agency, relati~g to parcei
'17 maps and subdivision maps, notices of ~iolation and certificates of compliance.
18
~9 Sec. 20-13. Certiticate of Compliance.
20
21 °Certificate of Compliance" means a certificate recorded by the Caunty which
22 determines that the subdi~ision of real property complies with the prov~sions of the
23 Subdivision Map Act and Butte Cour~ty ordinances e~acted pursuant tf~ereto. A
24 recorded final map or parcel map shall constitute a Certificate of Compliance with
25 respect to the parcels of real property described therein.
26
27 Sec.20-14. Cul-de-sac.
28
29 °Cul-de-sac" means a street which connects to other streets only at one end and
3~ ha~ing pro~ision for a turnaround at its other end. Streets ~emporarify dead-ended at
~1 a property fine, but planned for future extension shall be provided a cul-de-sa:c in
32 accordance with the design resolution.
33
34 Sec.20-15. Dedication.
35
36 °Dedication" meac~s the act of grar~ti~g to a public agency the right to use a portion of
37 rea! property for public p~rposes by the fee owner of the real property. The County
38 may require ~he grant of real property to be in fee title.
39
4D Sec. 20-~ 6. Design.
41
42 "Design" means (1) street alignments, grades, and width; (2) drainage and sanitary
43 facifities and utilities, incfuding alignments and grades thereof; (3} location and size of
4~4 all req~ired easements and rights-of-way; (4} fire roads ar~d firebreaks; (5} lot size and
45 configuration; (6) tra~fic access; (7) grading; {8) land to be dedicated for park or
46 recreational purposes; and (9) sucf~ other specific reguirements in the ~lan and
47
6
configuration ot the enfiire subdi~ision as may be necessary or con~enient to ensu~e
conformi~ty to or implementation of the General Plan or an adopted Specific Pla~ of the
County.
Sec.20-17. Frontage.
"Frontage" means the portion of a parcEl that abuts one side of a pubiic street which
allows ~rimary access.
Sec. 20-18. Frontage, double.
"Double frontage" means the situation of a lo~ ha~ing frontage on two (2) p~ablic streets
which do not intersect and ha~ing the right of access to both streets.
Sec. 24-19. Frontage road.
"Frontage road" means a street which is approximateiy parallel to and adjacent to a
major thorough#are, or ot~er importar~t traffic facility to whic~ access is limited and
whic}~ pro~ides access to abutting properties and separation from through and fast
traffic.
Sec. 20-20. Genera! Plan.
°Generaf Plar~" means the General Plan of the County or any element, section or
portion thereof.
Sec. 20-21, Impro~eme~t.
(a) "Impro~ement" refers to such street work a~d utili~ies to be installed, or agreed
to be installed, by the subdivider o~ the land to be used for puhlic or private
streets, highways, ways, and easemEnts as are necessary for the general use
of the lot owners in the subdi~isio~ and local ~eighbarhood #raffic a~d drainage
needs as a condition precedent to the appro~al and acceptance of the final
map thereof.
{f~) "Impro~ement" also refers to such other specific im~ro~emenfs or types of
impro~ements, the instaifation af which, either by the subdi~ider, by public
ager~cies, by private utilities, by any other entity appro~ed by the focal ag~ncy
or ~y a combination thereof, is necessary or con~enient to ensure conformity to
or implementation of the General Pkan or an adopted Specific Plan or
Community Plan of the Co~nty.
Sec.20-22. Lot.
"Lot" mear~s an area of fa~d shown or to f~e shown on a recorded subdi~ision or
parcel map.
7
Sec. 20-23. Lot, corner.
"Corner lot" means a lo~ situated at the int~rsection of two {2) or more streets ha~ing
an ar~gfe of intersection of not more than one hundred ~twenty (120) degrees and a
minimum width of sixty-fi~e {65) feet.
Sec. 20-24. Lot depth.
"Lot depth° means a minimum horizontal dis#ance t~etween the ftont and rear lot lines
measured along the median between the two (2) side lot lines.
Sec. 20-25. Lot, ~nterior.
°Interior lot° is a lot other than a corner lot.
Sec. 20-2fi. Lot line, ~ront.
In the case of an ir~terior lot, a line separating the lot from the street; and in the case
of a corner lo~, a fine separ~ting the narrowest street frontage of #he lot from the
street.
Sec. 24-27. Lot line, rear.
A lot line which is opposite and most distant from the fro~t !ot line.
Sec. 20-28. Lot lines.
"Lot lines" m~an the lines bounding a lot or parcel.
Sec. 20-29. Lot width. ~
"Lot width" means the horizontal disfance between the side lot lines, measured at right
angles to the lot depth at a point midway between front and rear lot lines.
Sec. 20-30. Map, final subd~~ision.
"Final subdi~ision map" means a map prepared by a registered ci~~l engineer or
licensed land surveyor and prese~ted for recording, which conforms to an approved
tenta#i~~ subdivision map and w~th the Suf~di~ision Map Act.
Sec. 20-31, Map, parcel.
"Parcel map" means a map prepared by a registered ci~il engineer or a licensed land
sunreyor and presented for recording, which conforms ~o an approved #entati~e parcel
map and with the Subdi~ision Map Act.
8
Sec. 20-32. Map, prelim~nary.
"Preliminary map" means a map submitted to the Advisory Agency for
recommendations prior to submission o# a tentative map.
Sec. 20-33. Map, Tentati~e.
°Tentati~e map" means a ma~ presented to the Ad~isary Agency for approval of land
di~isions which require a final subdi~is~on map, a parcel map, or a wai~er of Parcel
Map.
Sec. 20-34. Notice of ~iolation.
"Notice of ~iolation" means a certificate recorded by the County which determines t~at
real property has been di~ided or has resuited from a di~ision in ~iolation ofi this
chapter or the Subdi~ision Map Act.
Sec.20-35. Reser~red,
Sec. 20-36. Pedestrian way.
"Pedestrian way" mea~s a way designated #or use by pedestrians, equestrians and
bicyclists, and not i~tended for use as a way for motor-dri~en ve~icular traific.
Sec. 20-37. Publ~c sanitary sewer facili#y.
A sanitary sewerage facility provided by a public entity.
Sec. 20-38. Public water s~pply.
A water supply provided by a local agency, publicly owned corporation, or appro~ed
utility company or any supply, subject to provisions of the Heaft~ and safety Code
Section 4010 et seq.
Sec. 20-39. Right-of-way.
"Right-of-way" means that portion of real property gra~ted to the County to utilize said
property for pubfic street and drair~age p~rposes. This grant includes the righ~ for use
by public utilities.
Sec. 20-40. Setback, side/rear.
"SEtback, side/rear" means the distar~ce between a b~iiding, de~ice or structure and
the fot or parcel di~iding line as set forth in the applicable pro~isions o~ Chapter 24 of
this Code.
9
Sec. 20-40.1, Street se#baak line,
"Street setback line" means the distance between a building, de~ice or structure and
the c~~terline or right-of-way IEne of a street as set forth in the appiicable pro~isions of
Chapter 24 of this Code.
Sec. 20-40.2. Easement setback line.
"Easement setback line" means the distance between a building, de~ice or structure
and the centerline or right-of-way lin~ of an easement.
Sec. 20-41. Street, collector.
"Collector street" mea~s a street to provide direct access to abutting property and to
collect tF~e traffic of minor streefs.
Sec. 20-42. Street, minor.
"Minor street" mea~s a street inter~ded principally for access to the abutting property.
Sec, 20-43. Street, pr~~ate.
"Private street" means all ways designed for vehicular traffic wnich are not public
streets.
Sec. 20-4~. Street, public.
A street, highway, thoroughfare, road, a~enue, boule~ard, alley, court, circle or dri~e
shall not be a pubiic street until and unless the said street shall have been accepted
into a street or road system maintained by a city, county, or the state. Streets a~d
roads i~ public parks, pt~bfic airports, public schools, and similar public grounds shali
not be constru~d to be public streets #or the purpose of this chapter.
Sec. 20-45. Strip, di~iding.
"Di~iding s~rip" means a separation between adjacent or opposing traffic lanes. It may
also mean a separation between the traffic lanes on a thoroughfare or highway and
the parallei frontage road which pro~ides access to abutting propeny.
Sec.20-46. Subdi~ider.
"Subdi~ider" means a person, firm, corporatio~, partnership or associa~ion who
proposes to divide, di~ides or causes to be di~ided real prnperty into a subdi~ision for
himseif or for others; except ~hat employees and consuitants of such persor~s or
entE#ies, acting in s~ch capacity, are not "subdf~iders."
10
1 Sec. 2D-47. Suhdi~lder statement.
2
3 "Subdi~ider statement" means a report disc[osing purposes of the subdivision,
4 ownership, dimensions, subdi~isio~ design, impro~ements, existing structures, pubic
5 facilities, en~ironmenta~ features, topography and grading.
fi
7 Sec.20-48. Subdi~ision.
8
9 °Subdiuision" means the division, ~y ar~y subdi~ider, of any unit or u~its of impro~ed or
~ 0 u~impro~ed land, or any portion thereof, shown on the laitest equalized Cou~ty
11 assessment roll as a unit or a contiguous units, for the purpose of safe, lease or
12 financing, whether immediate o~ future, except for leases of agricultural land for
13 agricultural purposes. Property shall be considered as contig~aous units, e~en if it is
14 separated by roads, streets, utility easements or railroad rights-of-way. "Subdi~ision"
15 includes a condomi~ium project, as defined in S~ctio~ 1350 of the Ci~il Code, a
~6 community apartment project, as defined in Section 11004 0~ the Bus~~ess and
~17 Professions Code, or the con~ersion of five (5} or more existing dwelling ~nits to a
18 stock cooperative, as defined in Section 11003.2 of the Business and Professions
19 Code. Any conveyance of land to a governmental agency, ~ublic entity, public utility
2~ or subsidiary of a public utility for con~eyance to suc~ public utility for rights-of way
21 shall not be considered a divis~on of land for purposes of computing the number of
22 parcels. As used in this section, "agricultural purposes" means ~he cufti~ation of food
23 or fiber or the grazing or pasturing of li~estock.
24
~5 "Subdivision" includes any di~~sion by gift deed or~ or after March 13, 1993. Any lot or
26 parcel created by bona fide gift deed, reeorded prior to March 13, 1993, not intended
27 at the time of the con~eyance #o be used for the purpose of sale, lease or #i~ancing,
28 whether immediate or future, wifl be regarded as ~afid, e~en though no subdi~ision or
29 ~arcel map was filed with respect thereto, pro~ided that a!l other app~icable ordinances
30 and regulations in effect at the time of the con~eyance, inc~uding but not limited to
31 Se~tion 20-48.2, were complied with.
32
33 Sec.2U-48.1. Reser~ed.
34
35 Sec. 20-48.2. Other di~isions.
36
37 Divisions of land not requiring the filing of a map pursuar~t to this chapter a~td the
38 State Map Act shali meet the following requirements:
39
40 (1) Minimum width of right-of-w~y as specified ir~ Section 20-13~4.
41
42 (2) Sewage disposal and water supply star~dards, as contained in the impro~ement
43 standards adopted by resolution by the Board of Supervisors.
44 ~
45 {3) Lot s#andards of the zonir~g distric~ in which the properly lies.
46
47 ~
~~
1 Sec. 20-48.5. Subsequent Dir-~sion wi~hin one year.
2
3 Nothing in Section 2~-48 shali pre~ent a purchaser of a~ni~ of land created under the
4 pro~isions of this chapter or the State Subdi~ision Map Act from subdi~iding s~ch and
5 one time, pursuant to the provisions ofi this chapter prior to the time that an equalized
6 County assessment roll has been completed refiecting the creation of the unit
7 propased to be subdivided.
8
9 Sea 20-49. Mountain recreationai subdivision.
~D
11 "Mountain recrea~ior~af subdi~ision" is one whic~ lies wholiy within t~e area designated
~ 2 "Mountain recreational subdi~ision" on the map marked appendix I in the impro~emer~t
13 standards adapted by resolution by the Board of S~pervisors.
14
15 Sec. 20-50. Pri~ate road subdi~isions.
16
17 A priva~e road subdi~ision is a~thorized within the urban area of Butte County, as
i8 designated on A~pendix I of the impro~ement standards adopted by resolution of the
19 Board of Supe~visors, provided the subdivision impro~ements meet with the standards
20 of the County of Butte #or a regular dedicated subdi~ision and pro~idi~g paragraphs
21 (c), (d), and {e) of the "unimpro~ed private road subdi~ision" (Section 2a-51) are
22 complied with.
23
24 Sec. 20-50.5, Private road subdi~vis~on.
25
26 A private road subdivision is authorized at any location within the County of B~tte
27 provided the subdivision improvements meet the standards of the County of Butte and
28 pro~ided paragraphs (c), {d), and {e) o~ the "unimpro~ed pri~ate road subdi~ision"
29 {Section 20-51) are complied with.
30
31 Sec. 20-51. Unimpro~ed pri~ate road subdi~ision.
32
33 (a) S~~di~isior~ lies with~n the area designated "mountain recreational subdi~ision" as
34 shown on Appendix 1 of the resofution adopted by the Board of Superrrisors or does
35 not lie within the area designated "urban area" as shown on Appendix I of the
36 resolution adopted by the Board of Sup~r~isors.
37
38 (b) Roads or other public facilities s~all nof be dedicated to the County of B~tte.
39 Standards for unimpro~ed pri~ate road construction shall be the same as now or
~Q f~ereafter may be defined by resolution of the Board of Supen~isors.
41
42 (c) A mutual lot owners' associa~ion, road or water company, community services
43 district or other type of district authorized by State !aw and under the contro! of other
44 acceptable legal entities shal! be established to own ar~d mai~tain such roads and
45 utilities within tl~e pri~ate subdivisions and any access road to the subdi~ision wi~ich is
46 not a public road.
47
~z
1 (d) Enfirance to pri~ate road s~bdivisions may be controlled by a gate so #~at
2 unauthor~zed persons may he excluded from the subdi~ision should the directors of
3 the go~erning agency so desire.
4
5 (e} Private road suhdi~isions not lying contiguous to a public road must be so
6 connected by a road constructed to at least the same standards as those required
7 witf~i~ ~he subdi~ision.
8
9 Sec, 20-52. R~ral subdi~ision.
~D
11 A"rural subdivision" incl~des #hose subdi~isions located outside of the ~rban areas
12 and which are not included in the zoned mountain recreational subdivision areas as
13 shown on A~pendix I as designated by resolution of the Board of S~per~isors
14 establishi~g such boundaries.
15
~ 6 Sec. 20~53. Urban subdi~ision.
17
18 An "urban subdivisior~" is one lying adjacent to or in close proximity to the incorporated
~19 cities of Butte County and such other a~eas as shown on Appendix I as designated by
20 resolution of the Board of Supervisors establishing such boundaries.
2~
22 Sec. 20-53.5. Zero lot line subdi~~s~on.
23
24 A"zero lot li~e subdi~ision" is one which is to be de~eloped with duplexes spEit by side
25 lot fines and which meets the requirements of Section 24-34 and Section 2~-155 of this
26 Code.
27
28 Sec. 20-54. Development Re~iew Committee.
29
3~ The Developmer~t Revi~w Committee shall consist of the Director of Developmenfi
3~ Services, the Director of Public Works, the Director of Environmental Health, the
32 Agr~cuftural Gommissioner, the County Fire Warder~, or #heir respecti~e deputies or
33 appointed represenfati~es, and two members of the B~tte Couniy Planning
34 Cammission appointed by the Board of Supeniisors.
35
36 Sec. 2p-55. Subdi~isior~ Map Act.
37
38 "Subdivision Map Act" means the Subdi~ision Map Act of the State and all
39 amendments or additions thereto. (Government Code, Ti~le 7, Di~isio~ 2,
40 "Subdi~isio~s", commencing with Section 66-4~ 0)
41
42 Sec.20-56. Thoroughfare.
43
44 "Thoroughfare" means an arterial street designed for the mo~ement of fast o~ dense
45 traffic in each direction. Thoroughfares are larger tha~ cnllector streets, but do not
46 include expressways and freeways.
47
13
~ Sec. 20-57. Tra~ersab[e access.
2
3 An appro~ed access, tra~ersable year-round for a standard iwo-wheel-dri~e
4 automobile, except when co~ered by snow. Bridges, road structures, and culverts
5 shall be capable of s~apporting a twenty-ton load.
6
7 Secs. 20-58, 20-59. Reser-red.
8
9 ARTICLE iV. SUBDIVISION MAPS
10
11 Sec. 2oW60. Wher~ a tentat~~e or final map is required.
12
13 {a) A tentati~e and fir~al map shall be required for all subdi~isions creating fi~e (5) or
1~+ more parcels, fi~e {5) or more cor~dominiums as defined ir~ Section 783 of tf~e Ci~il
15 Code, or a communi~y apartment project containing fi~e (5) or more parcels, or the
16 conversio~ of fi~e (5} or more existing dwelling ~nits to a stock cooperative, as defined
~ 7 ir~ Section 11003.2 of the Busir~ess and Professions Code, except where:
18
~9 {1} The land before division contains iess thar~ fi~e (5) acres, each parcel created
2Q by the di~ision abuts upon a maintained public street or highway and no
2~ dedications or improvements are required; or
22
23 (2) Each parcel created by the division ~as a gross area of tw~nty {20) acres nr
24 more and has an approved access to a maintair~ed p~blic street or higF~way; or
25
26 (3) The land consists of a parcel or parcels of land ha~ing appro~ed access ~o a
27 public street or highway which comprises part of a tract of far~d zoned for
28 industrial or commercial development, and which has the approval of the Board
29 of Super~isors as to street aligr~ments and widths; or
30
31 (4) Each parcel created by the di~ision ~as a grass area of forty (4~0) acres or
32 more, or each o~ which is a guarter-quarter section or larger.
33
34 (b) A preliminary map may he fiil~d by the subdi~id~r for cansideration by the
35 Ad~isory Age~cy prior #o fiifing a tentati~e subdi~ision map. Such prel~minary map may
36 be considered without reference to any ~rocedural requirements of this chapter. No
37 formal action shali be take~ ar~d no binding assurances shall be given as to future
38 action in the e~ent a formal application is submitted.
39
~q Sec. 20-61. Filing a tentati~e subdivision map.
41
42 E~ery subdi~ider shall filE an application with t~e Depar~ment of De~elopment Services
43 and shall submit material which meets the requiremer~ts o~ the rules of the Ad~isory
44 Agency as to form and cont~nt. Ru[es go~erning form and conten# sha~l provide for
45 (egibility ar~d adequate scale and such information to ensure adequa#e cor~sideration of
46
47'
~4
~ the #ollowing factors at ai~ le~efs of re~iew of the map: Purpose of the su~division,
2 ownership, dimensio~s, subdivision design, impro~ements, existing struetures, public
3 facifiti~s, e~~ironmental features, topography and gradi~g.
4
5 Sec. 2~-6'~ .5. F~I~ng a tentati~e subdi~ision map for conr-ersion of mobile hame
6 park.
7
S At the time of filing a tentative map for a subdi~ision to be created from the con~ersian
9 of a mobile home park to anot~er use, the subdi~ider shall also file a report on the
1~ impact of the con~e~sion upon the displaced residents of the ;mobile home park to be
11 cor~ver~ed. In determini~g the impact of the con~ersion on displaced mobile hame
12 park residents, the report shall address the availakaifity of adequate repfacemen# space
~ 3 irt mobile home parks.
14
15 The subdi~ider shall make a copy of the report available ~o each residEnt of the mobile
16 home park at least fifteen (15} days prior ~o the heari~g on the map by the Ad~isory
17 Agency.
18
~ 9 The Advisory Agency shall take steps to:
20
21 (1) Mi~igate any significant adverse impact of the conversior~ on the ability of
22 displaced mobile home park reside~ts to find adequate space i~ a mobile home
23 park by zoning for additional replacement housing.
24
25 {2) Find that there already exists land zoned for replacemer~t housing or adequate
26 space in other mobile home parks #or those residents who will be dispiaced.
27
28 (3) Require the subdi~ider to #ake steps to initiate any significant adverse impact of
29 the con~ersion on the ability of displaced mobile home park residents to find
30 adequate space in a;mobile ~ome park; or
31
32 (4} Make a finding, based u~on substantial e~idence, that mitigation p~rsua~t to
33 subparagraphs {1) ar~d {3) is not feasible. Such findings shal! ~e re~iewable
34 pursuant to Section 1094.5 of the Code of CivEl Procedure. As used herein,
35 "~easible" shal! mean capable of being accompiished in a successful manner
36 within a reasonable period of time, ~aking in~o acco~nt economic,
37' en~ironmen#al, social and technologicai factors.
~8
39 Sec. 20-62. Requirements for filing applications.
40
41 The requirements for fifing a tentati~e map shal! be fixed as t~e date w~en:
42
43 (~ ) All maps and information required by this chapter have been filed, checked, and
44 accepted as complete by the Director of De~elopment Services; and
45
46 (2) The required fees ha~e been paid.
47
15
1 If any required data are missing, fihe Director of DEVelopment Services shall notify the
2 subdivider or his agent within 30 cafendar days of acceptance of the application, in
3 which case no filing shall be accepted ur~tii all necessary data is received.
4
5 Sec. 20-63. Director of De~elopment Services' reports.
6
7 The Director of De~elopment Senrices shall prepar~ a written report to the Ad~isory
S Agency or~ a tentati~e s~bdi~ision map.
9
10 (1) This report shall consider the relationshi~ of the map to the Subdivisior~ Map
11 Act, to this article, the zoning code, other County ordi~ances, the General Plan,
12 Specific Plans and Community Plans, and the Cafifornia En~ironmental Quality
13 Act.
'~ 4
~ 5 {2) The Director of Deuelopment Senrices shall maii a copy of his report to the
~6 subdivider o~ his agen# or deli~er in person at least five (5) days prior to any
17 hearing or action on the map.
18
19 Sec.20-64. Rese~ved.
zo
2~ Sec. 20~65. Ad~isory Agency Ac#ion.
22
23 A public hearing shall be held by #he Ad~isory Agency on all tentative maps.
24
25 {1) At the public hearing, the Advisory Ager~cy shall re~iew t~e subm~tted tentative
26 s~bdi~isior~ map, #he re~ort of t}~e Director of De~elopmen# Services, the
27 recommendations of any governmental agencies which are a~a~labie, the
28 en~ironmental re~iew documents, and comments and responses of the
29 subdi~ider and of other interested parties.
30
31 (2) In making its determination to appro~e or disapprove the maps, the Advisory
32 Agency shall:
33
34 (a) Determi~e whe#her the design and improvements s~town on the map
35 conform to the requi~ements of t}~e Subdivision Map Act, this article o#
36 the Butte County Code, County ordinances, impro~ement standards set
37 forth by resolution of the Board of Supervisors, the Ger~eral P1an, Specific
38 Pla~s of the County and adopted Community Pla~s.
39
~0 (b) ~etermine whet~er the dESCharge of waste from the proposed subdivision
41 into an existir~g community sewer system would result in ~iolatior~s of
42 exist~ng requirements prescribed by a California Regional Water Quality
43 Gontrol Board pursuant ~o Di~ision 7(Commenci~g with Section 1300D)
4~ of the Water Code.
45
ifi
1 (c) Determir~e whether the proposed subdi~ision is a land pro~ECt as defined
2 in Section 1~1 D00.5 of the Business and Professions Code; and if the
3 projec~ is determined #o be a farge project:
4
5
(i) If a Specific Plan or Community Plan for the area ~as been
6 adopted, the Advisory Agency shall determine whether the
7 proposed design and impro~ement of the subdi~ision is consistent
8 with such plan.
9
10 (ii) The Advisory Agency shall consider the respanse ofi the State
11 o~fice of Intergo~ernmental Management now known as the Office
12 of Permit Assistance, if received.
~3
14
15
16
17
18
19
20
2~
22
23
24
25
26
27
2$
29
30
3~
32
33
34
35
36
37
3$
39
40
41
42
43
44
45
46
47
(d) Make any determinatinns or certifications as may be appropriate for the
application pursuant to #he California~ Environmental Quality Act.
{3) Withi~ five (5) working days after the Ad~isory Agency has acted an the map,
the Director of Developmen# Serrrices shall report the action in writing to the
subdivider or person filing #he tentati~e map, indicating a~y conditions of
approval and including a copy of the appro~ed tentati~e map, which decision
shall be final unless appealed to the Board of Supen-isors pursuant tn Section
20-66. A co~y of the letter and map shall ~e retained in the files o# the Ad~isory
Agency for at least four (4} years, af~Er which tf~e letter and map may be
destroyed.
(4) In the case of a proposed con~ersion of residen#ial r~ai property to a
co~dominium project, community apartment project, or s~ock cooperati~e
project, any report or recommendation on a tentative map by staffi to the
Ad~isory Ager~cy shalf E~e in writing and a copy tFtereof served on #he
subdi~ider, and on each tenant of #he subject property at least three (3) days
~rior to any hearing or action on such map by the Ad~isory Agency.
Sec.20-65.5. D~sappro~al.
(a} The Advisory Agency shall disa~pro~e an applicatior~ for a ten~at~ve map tf it
finds that the application is ~ot consisfent with the General Plan.
{b) The Ad~isory Agency shall disappro~e a tentati~e ma~a if it de~ermines:
(1) That the proposed s~bdivision is inconsistent with Specific Plans or with
Board adopted Community Plans.
(2) That t~e design or improvement of the subdi~ision is not consist~nt with
applicable General and Speci~ic Plans, or Community Plans.
(3) That the site is not physically suitabke for the 'type of development.
17
1 (~) T~at the site is not physically suitable for the proposed density of
2 de~elopment.
3
4 (5) That the design of the land division or the proposed impro~ements are
5 likely to cause substantial enuironmentaf damage or substantially and
6 avoidably injure fis~ or wildlife or their habitat.
7
8 (6) That the design of t~te subdi~ision or the type of im~ro~ement is likely to
9 cause serious pu~lic heaitF~ problems.
10
11 (7} That the design of the subdivision or the type of improvements will
12 conflict with easements, acquired by tF~e public a~ large, for access
13 through or use of, property within the proposed subdi~isior~. In this
14 connection, the Ad~isory Agency may approve an applicatinn ~f it finds
15 #F~at alternate easeme~ts, for access or for use, wil! f~e pro~ided and that
16 these will be substantially equivalent to ones pre~iousfy acquired by the
~7' pu~fic. This subsection shall apply only to easements of record or to
18 easements establis~ed by judgement of a court of competent jurisdiction.
19
2Q (8) That the proposed subdi~ision violates the pro~isions of this article and
21 no exception has been granted.
22
23 (9} That the proposed subdi~ision ~iolates any appficable pro~isions of the
~4 zoning code and no ~ariance has been granted.
25
26 {1 q) The proposed di~ision would enlarge, expand or extend a nanconforming
27 use of fhe land under the Zoning Code of Butte Couniy, or
28
29 (11 } The proposed di~ision would be in ~iolatian or a~y other County
30 ord~nance, or any County Code pro~ision; or
31
~2 {12) The discha~ge of waste from the proposed division into septic system or
3~ community sewer system would result i~ ~iola~ion of existing
34 requiremer~ts prescribed by the Central Valley Regional Water Quality
35 control Board pursuant to Di~ision 7(commencing with Section 1300D) of
36 the Water Code.
37
38 (c} Notwithstanding the a~aove, paragraphs (a) and (b) (1) through (b} (7) ar~ rtat
39 applicable to the conversion of existing buildings into condominium projects
40 ur~less new units are to be constructed or added.
41
42 Sec.20-6fi. Appeals.
43
44 (a) W~t~in ten (10} days after t~e action by t~e Advisory Agency any interested
45 person may appeal to the Board of Superrrisors any finding, action or co~d~tion
46 imposed by the Ad~isory Agency by filing a notice of appeal with the Clerk o~
~7 the Board of Supervisors.
18
1 (b) The Board of Supervisors may sUStain, modify, reject, or o~errule any ruling of
2 the Ad~isory Agency and m~y make suc~ fir~dings as are not inconsistent with
3 County ordinances or the Subdi~ision Map Act.
~
5 (~} U~on #iling an appeal, the Clerk of the Board of Supervisors shall set the
B matter for a hearing to be held within thirty (30) days o~ the filing of the
7 appeal.
8
g {2) Within ten (1 ~} days following the cor~cfusion of a hearing held on an
10 appeal by the applicant, the Board of Supervisors shall render its
11 decision on the a~peal.
1z
13 (3} Within seven {7) days following the conclusion of a hearing upon an
14 appeal by an interested person adversely affected, the Board of
15 Super~isors shall render its decision on the appeal.
16
17 (c) Notwithstanding anything herein to the contrary, an appeal to the cond~tion(s}
~ 8 may be made by the applicant ai~er the ten-day appeal period referred to in
19 paragraph {a) of this sectio~, within one (1) yEar of the decision by the Advisory
20 Ager~cy; and the Board of Supe~visors may ac~ on s~cE~ an appeal with a
21 noticed hearing where the Board o~ Supervisors makes tF~e following findings:
22
23 (1} The proposed change in the condition(s) will not adversely affect or
24 cause a modification of the findir~gs and determinations made in the
25 en~ironmental re~~ew process; and
26
27 (2) The proposed change in the condition{s) will not bring ahout an
28 inconsistency to the Genera~ Plan, or to the zone or to any specific plans
2g for the property in question; and
30
31 {3) The facts are presented gi~ing good and sufficient reason why the
32 condition(s) in question were not appeaked within the ten-day perind; and
33
34 (4) Tt~e parce! map or final map E~as not bee~ reeorded.
3~
36 Sec. 20-67. Expiration of time.
37
38 (a) The appro~al ar conditional appro~al of a tentative subdi~ision map shal! be
39 ~alid for twenij/-four (24} months, within which time the final map may be
40 presented to the Board of Super~isors for acceptance and recordation. The
41 twenty-~our (24) month period sha~l not include any #ime during which a water or
42 sewer moratorium, imposed after appro~al of the tentative map, is in existence,
43 pro~ided the length of such moratorium does no# ~xceed fi~e (5} years.
44
45
46
47
19
1 (b) Once such a moratorium Es terminated, the map shall be ~alid for the same
2 perfod o~ time that was left to run on the map at the time the moratorium was
3 imposed; pro~ided, howe~er, that if s~ch remaining time is less than o~e
4 hundred twenty (120} days, the map sha~f be ~alid for one hundred twenty (120)
5 days follow~ng the termination of the moratorium.
6
7 (c) The expiration of t~e appro~ed or conditionaliy appro~ed tentati~e map shall
8 terminate all proceedings, and no final map of all or any portion of the real
9 property included within such ter~tati~e map s~tall be filed without first
1~ processing a new tentati~e map.
11
12 (d) l~ a decision by the Ad~isory Agency is appea~ed to the Board o# Supervisors
~3 wi~hin ten (10) days of the Ad~isory Agency action, the time limit to file the final
14 map shall comme~ce from the date of the Board of Supervisors' action on the
15 appeal.
16
~ 7 (e) If a decision by tF~e Aduisory Agency is a~pealed to the Board of Supervisors
'18 aft~r the ten-day appeal period as permitted in Section 2D-66 (c), the time limit
19 to fife the final map shall commence from the date of Ad~isory Agency Aetion.
20
21 Sec. 24-67.5. Extension of time for Nawsuits.
22
23 (a) The period of time specified in Section 20-67 shall not include any period of
24 time during which a lawsuit has been filed and is pending in a court of
25 compe~ent jurisdiction involving the approval or co~ditional approval of the
26 tentati~e map if a stay of such time period is approved by the Board of
27 Superr~isors. Within ten (10) days of the senrice of the initial petition or
28 complaint in such lawsuit upon the County, the subdivider may appfy to the
29 Board of SupeEVisors for such stay of time. Within forty (40) days after
30 receiving the a~plication from the subdivider, tF~e Board of Supervisors shall
31 either stay the time period specified ~n Section ~0-67 or der~y the request for
32 stay of time. The Board of Supervisors may stay the time period specified in
33 Section 2D-67 for fi~e (5) years or until the lawsuit is resolved, whiche~er occurs
34 first.
35
36 {b) This section may be applied to tentative maps appro~ed or conditionally
37 appro~ed prior to the effecti~e date of this section if the subdi~ider makes
38 application for a stay #o t~e Board of Supenrisors within sixty (BO) days after #he
39 effecti~e date of this Section.
40
41 Sec. 2Q-68, Extension of time.
42
43 The Ad~isory Agency may extend its appro~al for an additionai thirty-six (36) months if
44 #~e appro~al for extension of time is granted for good cause and application for
45 extension of time is made prior to expiration of the approved or conditianakly approved
46 map.
47
ZD
~ (1) An ap~lication for extension of time shall be re~~ewed by the Ad~~sory Agency,
2 w~ich will determir~e whether the map presently conforms to the req~irements of
3 a tentati~e subdi~ision map.
4
5 {2) T~e Ad~isory Ag~ncy may appro~e a~ extension of time, appro~e with
6 conditions which cause the map to conform to p~esent req~irements, or
7 disappro~e.
8
9 (3} The dec~sior~ of the Advisory Agency to disappro~e an extension of time may be
10 appealed to the Board of Supervisors within fifteen (15) days of the Advisory
11 Agency's aetion.
i2
13 (4) In the event that ar~ appro~ed tentati~e map i~ re~ised and subsequently
14 appro~ed by the Advisory Agency, the most recently approved tentati~e map
~ 5 shall constitute the onfy recognized tentati~e map for further action in
~16 con5ideration o~ fifing of the map.
17
~8 Sec. 20-69. F~nal map.
19
20 At any time before the expiration of an approved tentative subdi~ision map the
21 su~di~ider may cause the subdivision or a logical part t~ereof to be accurately
22 surveyed and a final map prepared and presented to tF~e Board of S~per~isors for
23 appro~al, provided:
24
25 (1) That the location of a designated "remainder" parcel has been indicated on the
26 map which need not be indicated as a matter of suruey, but only by deed
27 reference to the existing boundaries ofi suc~ remainder, if such remainder has a
28 gross area of fi~e (5) acres or more.
~9
30 {2) That #he required fees have been paid.
31
32 (3) The subdi~ider F~as complied with the soifs report requirement of t~is chapter.
33
34 (4} A preliminary title repor~ has ~een submitted to the Director of Pu~lic Works.
35
36 {5) The subdivider has complied wi~h the subdivision impro~ement agreemer~t and
37 ~onding requirements adopted by the Board of Supervisors. If t~e subdi~ider
~8 desires to submit security in lieu of a bond, such security shall be submitted to
39 the Director of Public Works for appro~al not later tF~ar~ two (2) weeks prior to
40 submission of the final subdi~ision map.
41
42 {6) The s~bdi~ider has complied with the requirements of the tentative map.
43
~~ (7) Each of the tenants of a proposed condomini~m, community apartment house
45 project or stock coopera#i~e ~ro~ect has been or will be gi~en one hundred
46 eighty (180) days written notice ofi intention to con~ert prior to the termination o#
47 tenancy due to the con~ersion or propos~d con~ersion. The pro~isions of this
2~
~1 s€~bdivision shall not after or abridge the rights or obligations of the part~es in
2 per~ormance of their co~enants, including but not limited to the provisions of
3 ser~ice, payment of rent or the obligations im~osed by Sections 1941, 1941.1
4 and 194~.2 of the Ci~il Code.
5
6 {8) Each of the tenants of a proposed condominium, community apar~ment house
7 project or stock cooperati~e project ~as been or will be gi~en not~ce of an
8 exclusi~e right to contract for the purpose of their respecti~e units upon the
9 same terms and conditions that such uni~s wi!{ be i~itially o~fered to the general
10 public or terms more favorable to the tenant. The right shall run for a period of
11 not less than ninety (90} days from the date of issuance of the subdivision
12 public report pursuar~t to Sectian 11 ~~ 8.2 of the Business and Professions
13 Code, unless the tena~t gi~es prior written notice of his inten~ion not to exercise
14 the rights.
15
16 {9) Each of the tenants of a proposed condominium, community apartment project
17 or stock cooperati~e has recei~ed written notification of intention to con~ert at
~ 8 least sixty {60) days prior to filing a tentative map. Further, each such tenant
19 and each person applying for the rental of unit in such residen#ial real property
20 has ar will ~ave recei~ed all applicable notices a~d rights ~tow or hereafte~
21 requ~red by Ghapter 2 and Chapter 3 of the Subdi~ision Map Act. F~rther, each
22 tenant has recei~ed ten {10) days' written notification than an appfication for a
23 pubiic report will be or has been submitted to the department of real estate and
24 tha~ such report wil! be auailable on request.
25
26 (10) Each of the tenants of a proposed condominium, community apartment project
27 or stock cooperati~e proJect has been or will be gi~en written notification within
28 ten (10} days of appro~al of a fir~al map for the proposed conversior~.
29
3D (11) Onfy such additionaf information, conditions of approual ar comments which
31 affect record title interest shall be placed on the final map. Any additional
32 information, co~ditions of appro~af or comments, which do not affect record title
33 interest, sha~l be in the form of a separate document an additional map s~eet
34 which shall indicate its relationsF~ip to the final map and shall contain a
35 statement that the additional information, conditions of appro~al or commen~s
36 are for informationa! purposes only and are r~ot intended to affect record title
37 interest. Additional information may ir~clude but is not limited to: building
38 se#back lines, flood hazard zones, seismic lir~es and setbacks, ~each field free
39 areas and usabls sewage disposaf areas. If a separate doc~ment or additionai
40 map s~eet is required, the Department of Public Works shall determine whether
41 a separate documen# or additional map sheet will be filed with the #inal map.
42
43 Sec. 20-69.1 Wai~er of signatures.
44
45 A certificate, signed and acknowledged by all parties ha~ing any record title interest in
46 the real properly subdi~ided, consenting to the preparation and recordation of the finai
47 map, is required, except as foilows:
22
1 (~) Neither a lien for state, county, municipal or local taxes, nor for special
2 assessments, nor a trust interest under bond inder~tures, nor mechanics' liens
3 constitute a record titie interest in land #or the purpose of tf~is c~apter or local
~ ordinance.
5
~ (2) The signature of either fhe holder of beneficial interests ~nder trust deeds or the
7 trustee ur~der suc~ trust deeds, but not both, may be omitted. The signature of
8 either s~all constitute a full and complete s~bordination ofi the lien of the deed
9 of trust to the map a~d any interest created by the map.
~~
~~I (3) Signat~res of pa~ies owning the following types of interests may be omitted if
12 their names and the nat~re of tf~eir respecti~e interests are stated on the final
13 map:
14
15 (a) Rights-of-way, Easements or ot~er infierest which can not ripen into a fee,
16 except those owned by a public entity or public utility or a subsidiary of a
17' public utility for conueyance to such public u#ility for rights-of-way. If,
18 however, #he Board of Super~isors determines that di~ision and
19 de~e~opmer~# of the property i~ the manner set forth on the appro~ed or
2p conditionally approved tentative map will not unreasonably interfere with
21 the #ree and complete exercise of the p~biic entity a~ public utility right-of-
22 way or easement, the signature of such public entity or public utility may
23 be omiited. Where s~ch determination is made, the subdi~ider shalf
24 send, by certified mail, a sketch of the proposed final map, together with
25 a copy of this Section, to any public entity or pt~blic ~tili~y which has
26 pre~iously acquired a rigf~t-of-way or easement.
27
28 If the ~ublic enti~ty or utiGty objects to either (i) recording the final map
29 without its signature; or (ii) the determination of the Board of Supervisors
30 that ~he division and de~elopment of the property w9~1 not unreasonably
31 ir~terfere with the full and complete exercise of its right-of-way or
32 easement, it shafl so notify the subdi~ider and ~he Board of Supervisors
33 within thirry (30} days after receipt o# the materials from the subdi~ider.
34 If fihe public entity or utility objects to recording the final map without its
3~ signature, the public en~i~y or utiEity so objecting may affix its signature to
36 the final map with~n thirty {30) days of filing its objection with the Board of
37 Supervisors.
38
3g If the public entity or utility ei#her (i) does not file an objection with the
40 Ad~isory Agency; or (ii} fails to affix its signature within thirty (30) days of
~1 filing its objection to recording the map witf~o~t its s~gr~ature, fhe Co~nty
42 may record the final map without such signature.
43
44 If the pubfic entity or utility files an objection to the determination of the
~5 Board of SupeEVjsors that the di~ision and de~elopment of the property
46 wi!! not unreasonably interfere with the exercise of its right-of-way or
47 easement, the Board of Supervisors shall set the matter for public
23
~ hearing to be held not less than ten (10) r~or more thar~ thirty (30) days
2 0# receipt of the objection. At such hearing, the public e~tity or public
3 utility shall present e~idence in support of its position ~hat the di~ision
4 and de~elopment ofi the property wifl ur~reasonabfy interfere with the free
5 and complete exercise of the objectar's right-of-way or easement.
6
7 lf th~e Board of Supervisors finds, following such ~earing, that the
8 developme~t and division will in fiact unreasor~ably interfere with the free
9 and complete exercise of the ob~ector's right-of-way or easement, it shalf
1 p set for~h those conditions whereby such unreasonable interterence with
11 ~e eliminated and upor~ compliance with such conditio~s by the
12 suhdi~ider, the final map may be recorded with or without the sig~ature
13 of the objector. If the Board of Supervisors finds that the deve~opmer~t
~ 4 ~ and di~ision wiil in facf not unreasonably interfere wi~h the free and
15 compiete exercise of ~he oh~ector's right-of-way or easement, the final
16 map may be recorded without the signature of the objector,
17 notwithstanding its objections thereto.
18
-19 Failure of the public entity or public utifity to file an objection pursuant to
~p this section s~all i~ no way affect it s rights under a right-of-way
21 easement.
22
23 (b) Rights-of-way, easements or re~ersions w~ich by reason of changed
24 conditions, long disuse or iaches appear to be ~o longer of ~ractical use
25 or ~alue and signafures are impossible or impractical to obtain. A
2B statement o~ the ~ircumstances pre~er~ting the procurement of the
27 signatures shall also be stated on the map.
28
29 (c) lnterests in or rights to minerals, inckuding, b~t not limited to oil, gas, or
30 other hydrocarbon s~bsta~ces.
31
32 {4) Real ~ro~erty originally ~atented by the United States or by #he State of
33 Cafifornia, which original paten~ reserved interest to either or both of such
34 entities, may be included in the fi~al map without the consent of the Ur~ited
35 S~ates or the State of California thereto or to dedications made thereon.
36
37
38
39
40
41
42
43
44
45
46
47
Sec. 20-70. Recording final map,
Upon appro~af af t~e final subdivision map, the Clerk of the Board of Supervisors shall
transmit the approved fi~af map to the County Recorder for recording in the records of
the County.
24
~ Sec. 20-71. Final subdi~ision map fees.
2
3 In addition to all other fees and charges required by law, upon su~mitting the final
4 map under the pro~isions of this chapter and the Subdivision Ma~ Act, the subdi~ider
5 shall pay to the Gounty a map ch~c~cir~g #ee in accordance with the fee schedule set
6 forth by resolution of t~e Butte County Board of S~per~isors.
7
8 Sec. 20-72. Soil report.
9
10 So~l reports shall be pro~ided as follows:
11
12 (1) Preliminary soil report: Prior to the submission of a tentati~e map for Advisory
13 Agency approval, the subdivider shall fi~e a preliminary soil report with thE
14 department of development services. The repart shal! be prepared by a civil
~ 5 engineer who is registered by the state, based upon adequate test boring or
16 exca~ations in the subdivision. The preliminary soil report may be wai~ed by
17 the Director of P~ablic Works if it is determ~ned that, due to the knowledge of
18 such department as to t}~e soii qual~ties of #he subdivision, no preliminary
19 anaiysis is necESSary. The determination shall be ir~ writing and be made part
20 of the data accompanying the final map.
21 ~
22 (2) Soi1 investigatior~: lf the preliminary soil report indicates the presence of
23 critically expansi~e soils or other soil problems which, if not corrected, would
24 lead to structural defects, a soil investiga~ion of each lot in the subd~~ision sF~all
25 be prepared by a ci~il engineer who is registered by the State of California. The
2B soil investigation shalf recommend corrective action which is like9y to pre~ent
27 structural damage to each dwelling proposed to be constructed on the
28 expansive soil. The r~port shall be fifed wi#h the Department o# De~elopment
29 Ser-iices.
30
31 (3} Appro~al of soil i~~estigation: The Department of Public Works shalf appro~e
32 the soil investigation if it determines that the recommended corrective action is
33 likely to prevent str~ctural damage to each dwelfing to be constructed on each
3~ I~t in the subdi~ision. Appeal from such determinatio~ sha!! ~e to the board of
35 Superr~isors. Su~sequent buifding permits shall be conditioned upon the
36 incorporation of the appro~ed recommended correcti~e action in the
37 construction of each dweUing.
38
39 Sec. 20-73. Release of security.
40
4~t The securify furnished by the subdivider may be released in whole or in part by the
42 Director of Pubfic Works pursuar~t #o Section 66499.7 of the Government Code.
43
44
45
46
47
25
~ Sec. 2Q-73.1. Performance security pro~ided by as5essment district.
2
3 W~en the required subdi~ision improveme~fis are ~inar~ced and ins#alled p~rsuant to
4 special assessme~t proceedings, upon the furnisF~ing by the contractor of the fiaithful
5 performance and labor and material bonds required by the special assessment act
6 being used, the improvement security of the subdi~ider may be reduced by an amount
7 corresponding to t~e amount of such bonds so fu~nished hy the contractor, upon the
8 approval of t~e Director of Public Works.
9
1Q Sec. 20-74, Park dedication requirements,
11
12 Park dedECation requirements shall apply to all reside~#ial subdi~isions fo~ which a
13 tentati~e subdivision map is requ~red, which are di~ided in#o lots averaging finro (2)
~4 acres or 6ess. (See Section 2D-6.5}
~5
~B Sec. 20-75. ~edication con#ormance w~th General Plan.
17
18 Land dedication for local park or recreational facilities shall confnrm to t~e County's
19 recreation efement of the General Plan and to subsequent revisions of the General
2p Plan. (See Sectio~ 20-6.5)
2~
22 Sea 20-76. Park dedica#ion procedure.
23
24 At the time of filing a tentative subdivision map for approval, the subdi~ider of the
25 property sl~a~l, as a part of such filing, indicate whether he desires to dedicate property
26 for park or recreation purposes, or whether he desires to pay a fee in lieu thereof or a
27 combi~ation of dedication and in-lieu ~ees. If he des~res to dedicate land for this
28 purpose, he shail designate the area ~hereof on the ~entati~e subdi~ision map as
29 submitted.
30
31 In order to facilitate decisions regarding dedieation of land for local parks, the
32 subdi~ider shalf furnish with the required tentative map of the subdivision, a tabulation
33 of the areas showing the number ar~d tjlpe of dwelling units in eac~ area. T#~e
34 tabulation may be waived by tf~e Director of De~elopment Services if i~ his judgement
35 fee~s the information is not necessary. (See Section 2D-6.5)
36
37 Sec. 20-77, Action by Ad~isory Agency on park dedication.
38
39 At the time o# te~tati~e map appro~al by the Ad~isory Agency, after consultation with
40 the ap~ropriate Director of Parks and Recreation, the Ad~isory Agency shall determine
4~ as a part o~ s~ch approval whe#her to recommend dedication of land within the
42 subdivision, payment of a fee in fieu thereof, or a combination of both. In making this
43 determination, the Advisory Agency s~tall include in its consideration the followi~g
44 factors:
45
46 (1) That lands offered for dedication will substantialiy comply with the recreatio~
47 element o# the General Plan.
26
~ (2) The topography, soils, access and location of fand in tF~e subdivision a~ailable
2 for dedication.
3
4 (3) The size and shape of the subdivision and land a~ailable for dedication.
5
6 (4) How much fand consisting of school playgrounds is a~ailable for combination
7 with dedicated lands in the formation of local park and recreation facilities; and
8
9 {5) The open space or local recreation facilities to be privately owned and
10 maintained by future residents of #he subdi~ision.
11
12 Sec. 20-78. Park ded~cation in subdi~~sians ha~ing fifty fots or more.
13
~4 In subdivisions hauing fifty (50) lofs or more, #he su~di~ider or owner shall dedicate
~ 5 such fand for local parks as is acceptable to the County Board of Supervisors, ar pay
ifi in-lieu ~ees according to the following formula in whic~:
17
18 "Dwelling unit" means one (1) or more rooms in a building or structure or
19 portion thereof designed exclusi~ely for residentiaf occupancy by one (1} family
20 for li~ing or sleeping purposes and ha~ing kitchen and ba#h facilities, incfuding
21 mabile homes.
22
23 "Mult~ple-family area" means an area of fand used tor or proposed for residential
24 occupancy in buifdings or structures designed for ~vvo (2) or more families for
25 li~ing or sleeping purposes and having kitc~en and bath facilities for each
26 family, includir~g two-~amily, group and row dwelling units, and apartments. it
27 also includes an area of land used for or proposed for mobile homes.
28
29 °Single-family area" means an area of land used for or proposed for detached
30 buildings designed for occupancy by o~e (1) family.
31
32 D1 = Number of dwelling units ~n a single-#amiiy area.
3~ Dm = Number of dwelling unifis in a multiple-#ami[y area.
34 A1 = Amount of land required #or dedication in acres in the singie-famiiy area.
35 Am = Amount of land required for dedication ~n areas ~n the multiple-family
3B area.
37
3$ (1) Si~gle-family areas formula: D1 x A~S = A1
39
4p (2} Muitipfe-family areas formula: Dm x.005 ~ Am
41
42 The factors .008 and .OQ5 are constants determirted from an analysis of
43 popula~ion tre~ds and s#udies, wF~ich when muitiplied by the numi~er ofi dwefling
44 units ~ermitted in t~e subject area will produce two {2) to two and one-half (2~}
45 acres per one thousand (1,ODD) popuiatior~ as set forth in the loca~ recreatior~al
46 space element of the General Plan wF~ich shouid be de~oted to neighborhood
47 park facifities. ln multiple-family areas, the number ofi dwelling units used shall
27
1 be calculated from the maximum density permitted in the proposed zone as
2 determined from the zoning code of Butte Co~nty as amended u~less the
3 s~bdi~ider e~ters into an agreement with the County for a lower density. In the
4 e~e~t the amount of land ca~cufated to be dedicated in acres pursuan# to the
5 above formula is less than one (~ ) acre of continuous, usable and accessible
6 area, excluding therefrom right-of-way for drainage, streets, ar other purposes,
7 a fee ir~ fieu of said dedication shall be paid. (See Section 20-6.5)
8
9 Sec. 20-79. Park fees in subdi~ision ha~ing less than fifty lots.
~
10
11 !n a subdi~ision having less tha~ fifity (50) lots, or where the subdi~is~on has fifty {5Q)
12 lots or more, but the land far local parks or recreational purposes can ~ot be located
~3 w~t~in the subdi~isior~ in accordance with the recreatior~ ~fement of the General Plan or
14 subsequent revisions to the General Plan or where other more suitable land is
15 available as determined by the Ad~isory Agency upon ad~ice of the appropriate
~ 6 Direc~or of Parks and Recreation, the subdi~ider or owner shall pay #o the County, for
17 use in supplying local park or recreational facilities within one (1) mile of all lots in t~e
18 subdivis~on, a sum calculated pursuant to the following formula, in which:
19
20 A= Amoun~ of land in acres that would be required wi#h the application of formulas
21 in (1) and (2) in Section 20-78.
22
23 V= Full cas~ ~alue per acre of the properry to be subdi~ided as determined by the
2~ latest equalized assessment roll.
25
26 M= Number of dollars to be paid as the in-lie~ fee.
27
28 ln-iieu fee formula: A X V~ M
29
30 (See Sec#ion 20-6.5)
3~
32 Sec. 20-8~, Park dedication in subdi~isians ha~i~g fess than fifty lots.
33
34 Nothing in this chapter shafl prohibit the dedication of land for park and recreational
~5 purposes for residential subdi~isions of less tF~an fifty (50) lots, pro~ided the subdivider
36 and the Ad~isory Ager~cy determine that dedication of land is desirable and the fand
37 meets the tests pr~scribed in Section 20-78. {See Section 20-6.5}
38
39 Sec. 20-81. Credit for privatety owned facilities.
40
4~ (a) The Board of Supervisors may grant credi# for pri~ately owned and; maintained
42 open space or local recreation facilities, or both, ir~ planned unit de~elopmen#s
43 adopted pursuant to the zoning code of Butte County, or mobile home parks as
44 defined in the zoning code af Butte County. Such credit if granfied in acres or
45 eomparable in-l~eu fiee shall be subtracted from the dedicatior~ a~d/or fees.
4s
zs
1 {1) Yards, court areas, setbaeks, and other open space areas required to be
2 maintained by this articfe and other regulations shall not he included in pri~ate
3 open space and local recreation cred~t.
4
5 (2) Provision is made by wriifien agreement, recorded co~enants running with t~e
6 fand, or other contractual ins~rument #hat the areas shafl be adequately
7 maintained.
8
9 (3) The use of pri~ate open space or recreation facilities is limited to park and local
~0 recreational purposes and shall not be changed to another use without the
11 express written consent of the Board of Supervisors of the County.
12
~ 3 (b) Land or facififies or both whic}~ may qualify for credit towards the land
14 dedication or in-lieu fee, or both, wilf generally include th~ ~o1low~ng types of open
15 space or local recreational facilities:
16
17' (~ ) Open spaces, wF~ich are generalfy defined as parks and parkway ares,
18 orr~amentai parks, extensive areas with tree co~erage, low lands along streams
19 or areas of rough terrair~ when such areas are e~ensi~e and have natural
20 features worthy of scenic preservation, golf courses or ope~ areas nn the site in
21 excess of twenty thousand (20,000) square ~eet.
22
23 (2} Court areas, which are generally defined as tennis courts, badminton courts,
24 shuffieboard courts or similar hard-surfaced areas especially designed and
25 exclusively used for court games.
2fi
27 (3} Recreational swimming a~eas, which are defined generalfy as fenced areas
28 de~ofied primarily to swimming, diuing, or bot~, including decks, lawn areas,
29 bathho~ses, or othe~ facilities de~eloped and used exclusi~ely for swimming and
30 di~ing.
31
32 (4) Recreational buildings, designed and used for the recreational needs of the
33 residents of #he de~elo~ment.
~4
35 (5} Special areas, which are generafly defined as areas of scenic or natural beauty,
3S hi~toric sites, hiking, riding, or motorless bicycle t~ails, including pedestrian
37 walkways s~parated ~rom pubfic roads, planting strips, fak~ site or ri~er
38 beaches, improved access or right-of-way in excess of requirements, and other
39 similar type open space or recreational facilities which iri the sole ~udgment of
4D the Board of Supervisors qualifies for credit.
41
42 Sec. 20-82. Compe~tation of credit.
43
44 The categories for credit ~or ~ri~ate open space and facilities described shall be gi~en
45 equa! weigF~t, each category not to exceed twenty (20) per cent of the totaf which may
46 be granted by the Board of Super~isors. The Board may, howe~er, upon petition of
29
1 the subdi~ider, grant additional credit for each of the above categories if there is
2 substantial evidence #hat:
3
4 (1} Th~ open space or recreational facility is superior in aest~etic quality,
5 arrangement and desigr~; or
6
7 (2) The open space or recreationai facility is clearly proportionately greater in
8 amount or size than required by this ar~icle or usualfy pro~ided in other similar
9 types of de~elopment; or
~o
1~ (3) The open space or recreational facility is situated so as to complement open
12 space or local recreat~on facilities in other pri~ate or public developments;
i3 provided, howe~er, the maximum credit which may be gi~en for privately owr~ed
~ 4 and maintained open space and recreational facifities shall not exceed seuenty-
~5 fiue {75) per cent of the amount of land required for dedication, fee to be paid in
16 fieu thereof, or combination thereof as computed by Sections 2p-78 through 20-
17 82. (See Section 20-65.~)
18
19 Sec. 20-83. Limitations.
20
21 Dedicated land and fees are to be used for the purpose of pro~iding local park or
22 recreatio~ facilities to serve residents of the subject subdivision. If the Generaf Plar~ of
23 the County calls fo~ a larger park or recreational devefopment within one (1) mile of a{I
24 residents of tt~e neighborhood co~tair~ing the subdi~~sion, the la~ds or f~es may be
25 applied to local park or recreational facilities within the iarger recreation area. (See
26 S~ction 20-6.5)
27
28 Sec. 20-84. Access Requirements.
29
30 Ail land offered for dedication to ~ocal park or recreationa9 purposes shall ha~e access
31 on at feast one {1) existing or proposed public street. This requirement may be
32 waiued by t~e Board of Supeniisors if tF~e Advisory Agency and the Board of
33 Supenrisors determine that public street access is unnecessary for ~he maintenance of
34 the park area or use t~ereof by the residents. (See Section 20-6.5)
35
36 Sec. 20-85. T~me limi# for de~elopment.
37
38 The Board of Supenrisors, the subdi~ider and any special district or association sha{I
39 at the time of appro~al of the final suk~di~ision map, agree upon a time for
40 commencement of development of #he focaf park or recreational facilities. Ir~ Generaf,
41 the time for development of the neigh~orhood par~c, and the proportion of the park to
42 be impro~ed, shoufd be related to fhe anticipated time for completion of a substantial
43 portian of the reside~tiaf units to be constructed in t~~ neighborhood; however, when
44 lar~d is dedicated in, or adjacent to, a subdi~ision, then de~elopment of the dedicated
45 park s9te wili commence not more than eigh#een (18) mont~s fiollowing complet~on of
46 the street impro~ements in the subdi~ision, pro~idi~g construc#ion of at least fEfty (50)
47 per cenfi ofi the residential units in the subdi~isio~ is completed at that time, and if not,
30
~ then w~thin ninety (90) days after construction if fifty {50} per cent of tF~e residential
2 units in the subdivision has been completed. C3~ just cause s~own, by mutual
3 agr~ement, the subdi~ider, speciaf distriet or association, owner and t~e Board of
4 Supervisors may amend the agreed upon time schedule for the de~elopment of the
5 park ar recreation #acilities. (See Section 20-6.5)
6
7 Sec.20-86. Administration.
8
9 Lands dedicated or fees paid shall be admi~istered by the appropriate parks and
10 recreation district. The Board of Supenrisors may delegate the responsibility for
11 providing focal park or recreational facilities to a special dist~ict or association. (See
12 Section 20-6.5)
13
~ 4 Sec. 20-87. Bond.
15
16 In the event that ar~ association assumes ~esponsibifity for constr€~ction ofi local park or
17 recreational fac~iities, a surety bond fio be appro~ed by the Board of Supervisors shall
18 be furnished hy the association in an amount equaf to the cost estimate approved by
19 the Director of the appropriate parks ar~d recreation district and by its terms to inure to
20 the benefit of that district for land acquisition purposes or the cos~ of #irst-s#age park
21 impro~ements or both. In lieu of the performance bond, a cas~ deposit or instrument
22 of credit shalf iae made with the County or with an esc~ow depository as pro~ided in
23 the Subdi~ision Map Act. The surefy shall be fully released by the Co~nty upon
24 compfetion of the pro~er fand acquisition for parks or completion of first-stage park
25 de~elopment appro~ed by the Director ofi the appropriate parks and recreation district.
26 (See Section 20-6.5)
27
28 Sec. 20-88. Facility under j~risdict~on of pol~tical subdiuision.
29
~0 ~~ a special district or other political subdi~ision ass~mes responsibility ~or ~ro~iding a
3~ particular local par~C and recreation facility, title to the park lands dedicated for the local
32 park and recreation facility shall be conveyed to #hat distriet or otfi~er political
33 subdi~ision. All ~n-lieu fees paid fior use in connection with that particular local park
34 and recreation facility shall be deposited with the Butte County auditor in #h~ name of
35 the districk or other poli~ical subdi~ision and shall be withdrawn only upon th~ order
36 and directior~ of the go~erning body th~reof. Land and fees shall be used exe~usivefy
37 for the acquisition of the particular locaf par~c and recreation facility. (See Section 20-
38 6.5)
39
40 Sec. 20-89, Sale of dedicated land.
41
42 if, during the ensuing time between dedication of fand for park purposes and the
43 commencement of first-stage development, cireumstances arisE w~ich i~dicate that
44 another s~te would be more suitable for local park or recreational purposes serving #he
45 subdi~jsion and the neighborhood (such as a gift of park land or change in school
46 focation) by mutual agreem~nt o~ the subdi~ider or owner and the Board of
47 Supervisors the dedicated iar~d may be sold upon t~e approval of ~he Board of
31
1 S~pervisors with the resuitant funds being ~sed for the purchase or de~elopment of a
2 more suitab~e site. If the agency responsible for de~elopment fails to fulfilf terms of the
3 pro~isions of this chapter relating to park de~elopment, the Board of Supervisors may
4 return the funds or fands ~o the subdivider or own~r. {See Section 20-6.5)
5
6 Sec. 20-90. School site dedicatians.
7
8 (a} Requirements. As a condition of approval of a final subdi~ision map, a
9 subdi~ider who deveiops or completes the deuelopment of one (1) or more
~0 subdi~isions located in one (1) or more school d~stricts shall dedicate to the school
11 district or districts, within which the subdivisions are to he located, such lands as
12 requested by the affected school districts deemed to be necessary for the purpose of
13 constructing thereon schoo~s necessary to assure the residents of the subdivision
14 adequate school service. In no case shall there be an amount of land required for
~ 5 dedication which would make de~elopment of the remaining land held by the
16 subd~~ider economically unfeas~ble or which would exceed the amount of land
~ 7 ordinarily allowed under the procedures of the S#ate Allocation Board.
1$
19 (b) Procedure. The req~irement of dedication shall be imposed at ~he time of
2Q approual of the tentative map. ~f wi#hi~ thirty (30} days after the requirement of
2~ dedication is imposed by the Ad~~sory Agency or the Board of Supervisors the school
22 district does not off~r to ente~- into a bir~ding commitment wi#h the subdivider to accept
23 the dedication, the requirement shafl be automatically terminated. The required
24 dedication may be made any time before, concurrently with, or up to sixty (~0} days
25 after the filing of tf~e final map on ar~y portion of the subdi~ision.
26
27 (c) Payments to subdivider for school site dedication. The school district shafl, if it
28 acc~pts the dedication, repay to the subdivider or his successors the original cost to
29 the subdi~ider of the dedicated land, plus a sum equaf to the totaf of the following
30 amounts:
31
32 (1) The cost of any impro~ement to the dedicated land since acquisition by the
33 subdivider.
34
~5 (~) The taxes assessed against fhe dedicated land from the date of the schnol
36 district's o~Fer to enter into tf~e binding commi~ment to accept the dedication.
37
38 {3} Any otf~er costs i~ncurred by the subdi~ider ~n maintenartce of such dedicated
39 land, including interest costs incurred on any ioan covering such land.
40
~1 (d) F ccep#ions. The pro~isions o# this section shafl not be applicable to a
42 s~bdi~ider wha has ow~ed the land being subdivided for more than ten {~0) years
43 prior to #he filing of the tentati~e maps.
44
45
~6
47
32
1 Sec.20-91. Amendment.
2
3 (a} After a final map is filed in the oifice of the County Recorder, it may be
4 amer~ded by a certificate of correction or an amending map:
5
6 (1) To correct an error [n a~y course or distance shown t~ereon.
7
8 (2) To correct an error in the description of the real prope~y shown on the map.
9
10 (3) To show any course or distance that was omitted ~her~from.
1 '~
'[2 {4) To indicate monuments set after the death, disabili#y, or retirem~nt from prac#ice
13 of the er~gineer or surveyor charged with responsibilities for settir~g monuments.
14
15 (5} To show the property location or character of any monument which has been
16 changed in location or character o~iginally shown at the wrong location or
17 incorrectly as to its character.
~8
19 (6) To correct any other type of map error or omission as appro~ed by the county
20 surveyor which does not affect any properly right. Such errors and omissions
21 may include, but are not limited to, iot numbers, acreage, street names a~d
22 identificatior~ of adjacent record maps.
23
24 (7) To make amendments reflecting changes in circumstances if the ad~isory
25 agency, at a public hearing, finds that: T~ere are changes in circumsta~ces
26 which make a~y or all of the co~ditions or mitigations of such a map ~o longer
27 appropriate or necessary; the amendments do not impose any additional
28 b~rden on the presEnt fee owner of the property; the amendments do not alter
29 any right, title or interes~ in the real property reflected on the recorded map; and
30 the ad~isory agency #inds that the amendment conforms to the pro~isions of
31 section 20-65 of this chapter.
32
33 As used in this sec~ion, "error" does not include changes in courses or distances from
3~ whic~ an error is not ascerkainable from the data shown on the final or parcel map.
35
36 (b) The amending map or certificate of correction shall be prepared and sigr~ed by
37 a registered civi! engineer or IicensEd land sur-reyor. The amendir~g map shali
38 conform to the requirements of a final map. The amending map or certificate of
39 correction shall set forth in defail the amendments or correctior~s made and show the
40 names o# the present fee owners of the property affected by the amendment or
4~ c~rrection.
42
43 (c) No amending map or cer#ificate of carrection shall be required to reflect
44 amendments of the types specified befow. In such instances the property owner need
45 not file a formal appiication and need not pay any fees but may sEmply submit
46 documentation of the amendment to the county department with jurisdiction.
47
33
{~) The deletion or amendment o~ conditions as the resuit ofi changes in s~ate law
or county ordinances or resolutions, if such changes are confirmed in writing by
the coun~y counsel.
(2) The alteration of homesite locations specified to mitigate impacts on migratory
deer herds, if such alteration has been appro~ed in writing by the state
department of fish and game.
(3) The elimination of the requirement for ir~stallation of an automatic fire
suppression sprinkler system in a residentiak structure. This suhsection (3) sha!{
be appiicable or~ly if a press~rized comm~nity water system with hydrants
senres ~he lot or parcel and has been approued in wri~i~g by the fire protection
agency which has jurisdiction.
(d) An application to amend a recorded map by an amending map shall be fi[ed
and processed in the same mar~ner as specified in this chapter for applicatians for
subdi~ision maps or parcel maps, as appficable.
(e) An application to amend a recorded map by a cerkificate of correction shall be
filed with the Ad~isory Agency. The form and content of #f~e a~plication shall be
specified by the Ad~isory Agency.
Sec. 20-92, 20-93. Reser~ed.
ARTlCL.E V. PARCEL MAPS
Sec. 24-94. When a parcel map is required.
Unl~ss wai~ed p~rsuant to Section 20-104, parcel maps shall i~e required in #he case
of subdivisions creating:
(~) Fewer ~han fi~e (5) parcels.
(2) Fi~e {5) or more parcels, where:
(a} The lar~d before di~ision conta~ns less than five {5) acres, each parcef
created by the division abuts upon a maintained p~blic street or highway
and no dedications or impro~ements are required; or
(b) Each parcel created by the division has a gross area of twenty (20} acres
or more and has an appro~ed access to a maintained public street or
highway; or
34
1 (c) The land cons9sts of a parcef or parcels of land ~a~~ng appro~ed access
2 to a public street or highway, which comprises part of a tract of land
3 zor~ed for industria{ or commercial de~elopment and which has the
4 approval of the Board ofi Super~isors as to street a6gnments and widths;
5 or
6
7
(d) Each parcel created by the di~ision has a gross area of forly (40) acres
g or more, or each of which is a qua~er-quarter sectior~ or IargEr.
9
10
(3)
Four (4} or fewer co~dominiums as defined in Section 783 of #F~e Civil Code,
~ 1 conversion of a dwelfing to a stock coaperative containing four (4) or fewer
~ 2 dwelling units or a community apartment project contai~i~g four (4) or fewer
~3 parcels.
14
15
(4)
When ~he boundary I~nes of two (2) or more contiguous parcels ~nder one (1)
~ 6 ownership are being changed or modified.
17
18
Sec.
20-95, When a parcei map is not requ'rred.
19
20
(a)
[Genera{ly.] A parcel map shall not be required for:
2~1
22
(1)
S~bdivisions of a portion of the operating right-o#-way of a railroad corporatinn
23 defined as s~ch by Section 230 of the Pubfic ~tilities Code, which are created
24 by short-term leases (terminable by either party on not more than thir-ty (30}
25 days' notice in writing}.
26
27
{2)
Land con~eyed to or from a governmental agency, public er~tity, public utility, or
28 for fand conueyed to a su~sidiary of a pu~lic utility for con~eyance to such
29 public utility fior right~of-way, unless a shawing is made in indi~idual cases, upon
3Q s~bstanfial e~idence, that public policy r~ecessitates such a parcel map.
31
32
(b)
Lot line adjustments. No tentative map, parcel map or finaf map shal! be
33 required for any co~~eyance or agreement made solely for the purpose of
34 correcting, con~irming or relocatirtg a boundary common to ab~tting lots or
35 parcels of land, provided that the appro~al of the Ad~isory Agency is obtained
36 pursuant to Go~ernment Code section 66412(d) and:
37
38
('!)
The lots or units of land are under differe~t owr~ership.
39
40
(2)
The resulting lots or parcels of land shall conform to the provisions of the
4~ applicabie zoning and building ordinances of this Code; provided, however, tha~
42 the development re~iew committee may approve modifications o#
43 nonconforming fots where #he modificafiions do not affect the public health and
44 safety.
45
46
{3)
No additional lo# or unit of land is created.
47
35
1 {4) if the lot line being adjusted is between lots ar parcels crea~ed by deed, the
2 applicant shall provide e~idence to the County:
3
4 Documen~ation that taxes have been paid as specified in Article 8 of Chapter 4
5 of Di~ision 2 of Titfe 7 of the Go~ernment Code, commencing with section
6 66492;
7
8 A deed or deeds reflecting the appro~ed adjustmen~, signed by ail required
9 parties and notarized, together with recording fees and documentary transfer
1~ tax, ifi any; and
~1
12 Documentation firom a title company of the applicant's ct~oice verifying that any
13 desd of t~ust affected is partiaily recon~eyed or modif~ed to reflect the fot line
14 ad~ustment and to prevent the creation of any additional lot or parcel.
15
~6 (5) If the lot line being adjusted is between lots or parcels created by a record map,
17 the applicant shall present e~idence to the County that taxes ha~e been paid as
18 specified in Article 8 of Chapter 4 of Di~ision 2 of T~tle 7 of the Go~ernmen~
~ 9 Code commencing with section 68492;
20
21 A deed or deeds reflecting the app~o~ed lot line modification, signed by all
22 required parties and notarized, with an attac~ed pkat showing the appro~ed
23 modification, signed by a registered cE~il engineer licensed prior to 1982 or a
24 licer~sed la~d sur~eyor, together with recording fees and documentary trar~sfer
25 tax, if any; and
26
27 Documentation from a title company of the applicant's choice verifying that any
28 deed of trust affected is partially reconveyed or modified to reflect the lot lir~e
29 adjustment and to prevent the creation o# any additional lot or parcel.
30
3~ (6) No record of survey s~afl be required unless required by sectior~ 8762 of the
32 Business and Professions Code. ~f a record ofi surrrey is prepared to show the
33 lot line modification, recording of a plat is not required pursuant to subsectian
34 (5) abo~e.
35
36 (7} All conditions of approval s~all be met within #hirty-six (36) months from the
37 date of appro~al or the approval wiil be considered null and ~oid, unless
38 e~ended pursuant to section 20-68. E~idence shall be submitted to the
39 Department of De~efopment Services, prior to the expiration of appro~al, that all
4q conditions of appro~al have been met. Deeds and plats (if reg~ired) shall be
~1 submitted to the Department of F'~blic Works for checking and appro~af prior to
42 recordation.
43
44
45
46
~7
3fi
~ Sec. 20-96. FEling appl~cation for tentatirre parcel maps.
2 .
3 The owner, or his designated agent, shall f~le an applicatior~ with the
4 Department of ~evelopment Services. The submitted material shall conform to #he
5 requirements of t~e rufes of fihe Ad~~sory Agency as to form and content.
6
7 Sec. 20-9fi.1, Filing a parcel map for con~ersion of mobile home park.
$
9 At th~ time of filing a tenta#ive map for a subdi~ision to be created from the co~~ersion
10 of a mobile home park to another use, the subdi~ider shal! also file a report on the
1~ impact of tF~e co~~ersion upon the displaced residents of #he mobile home park to be
12 converted. In determining the im~act of the can~ersion on displaced mobile home
13 park resider~ts, ~he report shall address the a~ailabifity of adequate replacement space
14 in mobile home parks. The subdi~ider shall make a copy of the report available to
15 each resident of the mobi~~ home park at least fifteen (15} days prior to the hearing on
16 the map by the Ad~isory Agency.
17
18 The Advisory Agency shafl take steps to:
19
20 {i) Mitigate any significant adverse impact of the con~ersion on the ability of
21 displaced mobile home park residen#s to find adequate s~ace in a mobile home
22 parlc by zoning for additional replacement housing.
2~
24 (2} Find that there already exists land zoned for replaceme~t housing or adequate
25 space in other mobile home parks for those residents who wilf be displaced.
26
27 (3) Require tF~e subdi~ider to take steps to mitigate any significant adverse impaet
28 of the co~~ersion o~ the ability of displaced mobile home park residents to find
29 adequate space in a mobile home park; or
30
31 (4} Make a finding, based upon substantial e~idenc~, that mitigation pursuant to
32 Subparagrap~s (1) and (3) is ~ot feasible. Such finding s~all be re~iewable
33 pursuan~ to Section ~ 094.5 of the Code of Ci~il Procedure. As used herein,
34 "feasible" shall mean capable of being accompffshed in a s~accessful manner
35 within a reasonabfe period of time, taking into account economic,
36 en~ironmental, social and technolog~cal factors.
37
38 Sec. 20-96.2. Requirements for filing applications.
39
40 The requirements for ~iling an appfication shall be as specified in 20-62.
41
42 Sec. 20-97 and 20-98. (Reser~ed).
43
44 Sec. 20-99. Director of Devefopment Serrrice's report,
45
46 (a) The Director ofi De~eiopment Services shall prepare and deli~er reports as
47 specifEed in 20-fi3.
37
1 Sec. 20-i 00. Ad~isory Agency action on appfication.
2
3 The Ad~isory Agency shall take action vn thE applicafion in the same manner as
4 specified in 20-65.
5
6 Sec. 20-100.1. Parcel map impro~ement.
7
8 For a di~ision of land which is not a subdi~ision of fi~e {5) or more lots, impro~ements
9 shall be limited to the dedication of rights-of-way, easements, and the construction o#
~Q reasonable off-site and on-site improvements for the parcels being created.
11 Requirements for the construction of such off-site and on-site impro~eme~ts shall be
12 noted by certificate on the parcel map, on ~he instrument evidencing the waiuer of
13 such parcel map, or by separate instrument and sha[I be recorded on, concurrently
14 with, or prior to the parcel map or instrument ofi waiver of a parcel map being fifed for
~ 5 recard.
16
~ 7 Fulfillme~t of suc~ construction requirements shall not be req~ired ~ntil such tim~ as a
18 permit or other grant of appro~al for deuefopment of a~arcel is issued by the County
19 0~ unti! such time as the construction of such impro~ements is required pursuant to an
20 agreement be~-veen #he subdi~ider and the County; except t~at in the absence of an
2~1 agreement, the County may require fulfillment of such construction requirements within
22 a reasonable tEme following app~oval of a parcel map and prior to the iss~ance of a
23 permit or ofher grar~t of approval for the de~elopment of a parcel upon a#i~ding of the
24 Ad~isory Agency that fulfillment of the construction requirements is necessary for
25 reasons of:
26
27 (~) The public health and safety; or
28
29 (2) The required constructio~ is a necessary prerequisite for the orderiy
30 de~elo~ment of the surrounding area.
~1
32 Sec, 20-1 D1. Disappro~al.
33
34 The Ad~isory Agency shal! disapprove a~ application in the same manner ar~d for the
35 same reasons as speci#ied in section 20-65.5.
36
37 Sec.20-102. Reserr-ed.
38
39 Sec. 20-103. Expi~ation of time and extension o# #ime.
40
41 {a) The appro~al or conditional approval of the application shall expire and may be
~42 extended as specified in sections 20-67, 20-67.5 and 20-G8.
43
44 Sec.20-103.5. Reser~ed.
45
46
47
38
~ Sec. 20-104. When parcel maps may be waived.
2
3 The Ad~isory Agency may wai~e the requirement for a parcel map in any case where:
~F
5 (~) The subdi~ider fiiles an applicafion wit~ the De~elopment Ser~ices Depar#mer~t
6 stating the Existing of monuments and improvements.
7
8 {2) The s~bmitted material conforms to the reguirements of the Ad~isory Agency as
9 to form and content.
10
11 (3) The subdi~ider files a tentati~e map showing each of t~e parcels to be created.
12
13 {4) The Ad~isory Agency fiinds that the proposed di~ision of land compfies with the
14 requiremenfis of the California Environmenta! Q~aaii~y Act, the Zoning Code of
15 Butte County, county ordinances, improvement standards set for~h by resolufion
~ 6 of the Board of Supervisors, the General Plan, SpECific Plans of the County and
17 adopted Community Plar~s.
18
19 (5) ln those cases where a wai~er of a map is a~proved, the de~eloper shafl f~le a
20 record of suEVey; except when the parcels are quarter-quarter section, forty (40}
21 acres or farger, #~e Advisory Agency may wai~e the requirement for a record o~
22 sur~ey.
23
2~ (B) Afl conditions of approval shall be met within tw~nty-four (24) months from the
25 date of approval or ~he approval will be considered nt~ll and ~oid. E~ider~ce
2B shall be submitted to the Department of Public Works, prior to the expiration of
27 appro~al, tha~ all conditions of approvaf have been met.
28
29 Sec, 20-105. Reserr-ed.
30
31 Sec.20-106. Appeal,
32
33 Appeal f~om any decision o# the Advisory Agency may be made by the applicant in the
34 same manner, procedure and time IimEtatior~s as is provided in #his chapter for appeals
35 on tentative maps.
36
37 Sec. 20-10T. F~ling Parcel Maps.
38
39 Any time before expiration of an approved tentati~e parcel map a subdivider may
~0 cause a parcel map to be prepared substantially in cor~formance with the approved
41 appHcation conforming to #he pro~isio~s of the Subdi~ision Map Act and of this
42 chapter.
43
44 Only such additional information, cor~ditions of appro~al or comments which affect
4~ record title interest shall be placed on the parce! map. Any additio~al information,
46 conditions of approval or comments, which do not affect record ti#le interest, shall be
47 in the form of a se~arate document or an additional map sheet which shall ~ndicate its
39
1 reiationship to ~he parcel map a~d sf~all contain a statement that tf~e additional
2 information, conditions of appro~al or comments are for informational purposes only
3 and are not infended to affect record title interest. Additional information may include,
4 but is no# limited to: building setback lines, flood hazard zones, seismic fines and
5 setbacks, leach field free areas, and usable sewage disposal areas. €f a separate
6 do~ument or addi#ional map s~eet is required, the Department of Public Works shal!
7 determir~e whEther a separate document or additional map sheet will be filed with the
8 parcel map.
9
10 Sec. 20-i 08. Data to be submitted with final map.
~~
12 The applicant shalf i~clude with the application:
13
14 (1) T~e required fees.
15
16 {2) The preliminary titfe report or lot book repor~ showing easements.
17
18 (~) The deeds establist~Eng the boundaries of the property.
19
20 (4} The deeds establishing a!I existing and proposed easements and righfs-of-way
21 on #he property.
22
23 (5) Copies of a!I lot and bour~dary closures. The developer s~all afso comply witF~
24 all requirements of the design standards as adopted by the Board of
25 S~per~isors.
26
27 Sec, 20-109. Action on parcel map.
28
29 The parcel map shafl be s~bmitted to the Director of Public Works for his examination
30 prior to recordir~g. If the Director deems that the parcef map is in substantiai
31 conformity with the appro~ed application and its conditions, the SubdE~isior~ Map Act
32 and this chapter, he shafl so certify on the parcel map and within twenty (20) days of
33 submission or resubmiss~on present the map #o the County Recorder for recording in
34 the officiai records of ~he County.
35
36 Sec. 20-109.5. Certification of monuments.
37
38 The parc~l map shafl contain a certificate by the engineer or surueyor responsible for
39 the preparation of the ma~ that states that all monuments are of the character and
40 occupy the positions indicated, or that they will be set ~rt such positio~s on or before
41 ninety (90) days from the date of recordation. The certificate shall also state that the
~2 monuments are or will be sufficie~t to enable the survey to be retraced.
43
44
45
46
47
4D
~ Sec. 2U-1 '[ 0. Wai~er of signatures.
2
3 A certif€cate, signed a~d ackr~owfedged by all parties havi~g any reeord ~i~le interest in
4 the ~eal property subdi~ided, consenting to the pr~paration and recordation of the
5 parcel map is req~ired, except as follows:
s
7 (~ ) Neit}~er a lien for State, County, municipal or local taxes, nor for special
8 assessments, nor a trust interest under bond indentures, nor mechanics' liens
9 constitutes a record title in~erest in land for the purpose of this chapter.
10
11 (2) The signature ofi either the holder of beneficial interests u~der trust deeds or the
12 trustee under such trus~ deeds, but not both, may be omitted. The signature of
~3 either shall constitute a fufl and complete subordination of the lien of the deed
14 of trust to the parcel map and any interest created by t~e parcel map.
15
~ 6 (3) Signatures of parties owning the folfowi!~g types of interests may be omi~ted if
17 their names and the nature of their respecti~e interests are stated on t}~e parcel
18 map.
19
20 (a) Rights-of-way, easements or other interests which can not ripen into a
2'I fee, except those owned by a pubiic entity or a public utility or a
22 subsidiary of a pubfic utility. if, howe~er, the Ad~isory Age~cy
23 determines that di~ision and de~eiopment of the property in the manner
24 set for~h on the ~arcel map will not unreasonably interfere with the free
25 and complete exercise of the public entity or public utifi~y right-of-way or
26 easement, th~ signat~re of such public entity or p~blic utility may be
27 omitted. Where such determination is made, the subdi~ider sha~l send,
28 by certified mail, a sketch o# the proposed parcel map, together with a
2g copy of this section, to any public entity or public utiiity whict~ has
30 pre~iously acquired a right-of-way or easement.
31
32 If the ~u~lic entity or utifity objects to either (i) recording the parcel map
33 without its signature; or {ii) the determination of the Ad~isory Age~cy #hat
34 the di~ision and de~elopment of the property will r~ot unreasonably
35 interfere with the fufl and compfete exercise of right-of-way or easement,
36 it shall so notify the subdivider and the ad~isory agency within thiriy (30)
37 days after receipt of the materials from the subdi~ider.
38
39 I# the p~blic entity or util~ty objects to recording the parce! map without its
40 signature, the public entity or utility so objecting may affix its signature to
41 the parcel map within tF~irty (30) days of filing its objection with the
42 legislati~e body or Advisory Agency.
43
4~ If the p~blic entEty or utility either (~t} does nat file an objection with the
45 Aduisory Agency; or (2) faifs #o affix its signature within thirty (30) days of
46 ~iling its objectian to recording the map without its signature, the Cour~ty
47 may record th~ final map without such signature.
41
1 lf the public entity or utility files an objection to the determination of the
2 Ad~isory Agency that the di~ision and de~elopment of the property w€II
3 not unreasonably interfere wit~ the free and complete exercise of the
4 objector's right-of-way or easemer~t, the Ad~isory Agency shalf set the
~ matter for public hearir~g to be held not less than ten (10) nor more than
6 thirty (3~} days of rece~pt of tF~e object. At such hearing, the public entity
7 or public utility shal! present e~idence in support of its position tha# the
8 di~ision and development of the prope~ty wil! unreasonably in~erfere with
g the free and camplete exercise o# the objector's right-of-way or
1 p easement.
11
12 If t~e Advisory Agency finds, followir~g such ~earing, that the
~ 3 dev~lopment and di~ision will, in fact, unreasonably interfere witF~ the free
14 and complete exercise of the ob~ector's right-of-way or easement, it shall
1~ s~t fort~ those cond~tions whereby suc~ unreasonabie interference wiff be
16 elimir~ated and upon compliance with such conditions by the subdi~ider,
~ 7 ~he parcel map may be recorded with or wit~tout the signature of the
18 objector. If t~e Advisory Ager~cy finds that the de~elopment and di~isior~
~g will, in fact, not ur~reasonably interfere with the free and complete
2p exercise of the objectar's right-of-way or easement, the parcel map may
21 be recorded without the signature of ~he ob~ector, r~otwithstar~ding its
22 objections thereto.
23
~4 Failure o# the public entity or pubkic utility to file an objection ~ursuant to
25 this section shall in no way affect its right-of-way or easement.
2B
27 (b} Rights-of-way, easements or reversions, which by reasor~ of changed
~8 cond+tions, long dis~se or laches appear to be no longer of practical use
29 or value and signatures are impossible or impracticaf to obtain. A
30 sta~ement of the circumstances prevEnting the procurement of #he
31 signatures shall also be stated on the map.
32
33 (c} Interests ~n, or rights to minera~s, including, but not limited to, nil, gas or
34 otl~er hydrocarbon substances.
35
36 {4) Real property originally ~atented by the United States or by the State of
37 Cafi~ornia, which originaf patent reserved interest to either or both of such
38 entities, may be included in the final map without tF~e consent of the United
39 States or the State of Cal~fornia thereto or to dedications made thereon.
4d
41 Sec. 20-111. Parcef map checking fee.
42
43 The fee for checking each parcel ma~ ur~der the pro~~sions of this chapter shall be in
44 accardance with tl~e fiee sc~ed~le set forth by resolution of the Butte County Baard of
4~ Supervisors. The #ee shall be paid to the Cour~ty prior to re~iew by the Direc#or of
46 P~blic Works.
47
42
~ Sec. 24-'112. Amendment ofi parcel map.
2
3 After a parcel map is filed in the Office of the County Reeorder, it may be amended by
4 a certificate of correction or an amendi~g map in the same man~er as specified for
5 final s~abdivision maps in section 20-91 of this chapter. Any amendment made shalf
fi conform to the pro~isior~s of section 2~-1 QD of this chapter.
7
S Secs. 2U-1 i 3-20-1 i 9. Reserved.
9
~p ARTICLE V~, ~ESIGN STANDARDS
'I 1
12 Sec. 20-120. Compliance required.
13
14 To ensure that proposed subdivisions are de~efoped in the best interest of the people
15 of Butte County, land subdi~ided under the pro~isions of this chapter shall ~onform to
~ 6 the design standards of this chapter and to any standards and specifications for
17 construction and materials ado~a~ed by resolution of the board of su~en-isors.
18 Subdivisions shall be re~iewed for proper grading and erasion control, including the
19 pre~entio~ of sedimentation or damage to oif~site property.
20
2~ Sec. 20-120-7. Minimum lot area.
22
23 The minimum area of lots created by subdi~ision sha~l be specified in the zoning
24 regulations applicable to the property in question; pro~ided, howe~er, that wher~
25 indi~idual sewage disposal systems are proposed, the minimum area of fots shall be
26 as specified ir~ said zo~ing regulat~ons or as determined by the requirements of
27 Appendix Vtl ofi the resolution establishing star~dards pursua~t to this chapter, as
28 amended, whiche~er is the larger. Lot area for all parcels of less than one (1 } acres
29 sha!! be computed excl~si~e of fhat area lying within access easements or public
30 roads.
31
32 Nofi~vithsta~ding ar~ything to the contrary in this chapter, the area of fots shall be of
33 sufficient size to compfy with the density requirements of the Bc~tte County General
34 Plan.
35
36 Sec. 20-127. Mi~imum frontage.
37
38 Minimum frontage req~irements are as specified in the applicable pro~isions of the
39 Zoning Code.
40
4~ Sec. 20-12i.i. Designated building setbacks,
42
43 The Ad~isory Agency may requirE designation of no-building areas or of building
44 setbacks more restrictive than those otherw~se required by this Code, where:
45
46 (1) Lots fror~t on a cul-de-sac tur~around or other stree# with a right-of-way or
47' easement more #han s~xty (60) feet in width; or
43
(2} Por~ions of lots are not suitable for structural de~e~opment because of steep
slopes, unstable soil, geologEC a~d seESmic ~azards, high water le~els, flooding
potentiai, natural fire hazard, existing developme~t or objec~ionable noise, odar
or smoke; or
{3} Structuraf de~elopment would damage or des~roy water resources, historical
and archaeological sites, rare plant ar~d animal habitats, unique geologic
feat~res or simifar e~~ironmen~al resources; or
(4} Struct~ral development would interfere wit~ de~efopment and use of streets and
highways, utifity lines, public recreation facifities, go~ernment buildings or similar
community facilities.
Sec. 20-722. Lot shapes and configurations.
The depth of a lot shall not exceed three (3) times its width when the lot has a w~dth of
less than two hundred fifty (250) feet, except wher~ one {1) or more of ~he foflowing
conditior~s apply:
{1) The general plan designates th~ area for agricuftural, recreational, commercial,
industrial, public or other no~residential use.
(2} The fulf depth of the lot will not be b~ildable due to u~usuaf topography suc~ as
the existence of steep slopes, floodplains a~d bodies of water.
(3) The f~ll depth of the lot wilf not be buildable due to the existence of dedicated
easements.
{4) A future street pattern in accordance with the General Plan, Specific Plan or an
adopted Commu~ity Plan which provides for further di~isions whicl~ will
eliminate excessive depth-to-width ratios.
Sec. 20-123. Double #~ontage lots.
Lots shall not have douhle frontage except where further subdi~ision is anticipated
which wo~ld eliminate the do~ble frontage condition.
Sec. 24-124. Access to public resources.
All subdi~isions adjacent to public natural resources, including any la~ce or resenroir
owned in part or wholly by any public agency, shakl be designed to provide reasonable
public access to those resources as required by the Subdi~ision Map Act, Chapter 4,
Article 3.5, Government Code Sectinn 6647'8.1 et seq.
44
1 Sec.20-125. Grading.
2
3 All subdivisior~s shall be designed so that the de~elopment of the subdivision complies
4 with the requirements of the Butte County Code and any other code section,
5 ordinance or resolution regufating grading, erosion of land, and sedimentation control
6 in the County.
7
8 All subdi~isior~s shail be designed so that existing trees shal! f~e preserved according
9 to the requirements ofi ~he Department of Development SeEVices. Street trees of an
1 Q a~proved type shall be planted when req~ired by the improvement star~dards as
11 adopted by resolu~ion of the Butte County Board of Supervisors.
12
13 Sea. 20-126. Highway and major arterial dedica#~on.
~4
15 If any element of the General Plan shows any highway or major arterial so located that
16 any portion therEOf lies within the proposed subdi~ision, such por~ion may be required
17 #o be dedicated and shown as a highway or part of a highway within such s~bdi~ision
18 in the Generaf P1an.
19
20 Sec. 20=127. Street pattern design.
21
22 The focatior~, width, and afignme~t of streets shall co~form to the General Plan,
23 Specific Plan a~d Board-appro~ed Community P1ans and be arranged to produce the
24 most ad~antageous de~~lopment of the area in which the subdi~ision lies.
25
26 Sec.20-128. Access.
27
28 Each parcel of iand shal! have an appro~ed access.
29
30 Sec. 20-129. Grant o# access control alor~g thoroughfares.
31
32 Where a subdi~ision abuts on thoroughfar~s or expressways, thE de~eloper shal! be
33 required to deed to the County a one-foot strip of property along ~is frontage abutting
34 the thoroughfare or expressway, except in those instances where the Advisory Agency
35 determines that some access is desirable.
~s
37 Sec. 20-~130. Same-O#her streets.
3$
39 On minor and coflector streets, the de~eloper may be r~quired to deed to t~e County
4Q a one-~oo# strip where lots are served by more than one (~} street.
41
42 Sec. 20-i 31. AIleys.
43
44 AIleys may be required at the rEar of properties.
45
46
47
45
1 Sec. 20-132. Provision for future extension.
2
3 Where a subdivision adjoins unsubdi~ided land, adequate or necessary street
4 dedication in the subdivision shall ordinarily be extended to the adjacent uns~bdi~ided
5 land to prouide access in the e~ent of its future subdi~ision, and in a manner to
fi provide the most ad~antageous de~elo~ment of the street pattern in the area.
7
8 Sec. 20-133. Cul-de-sac streets.
9
10 A cul-de-sac street in a urban area, as shown in Appendix i of the design standards,
~ 1 shali not exceed fi~e ~undred (500) feet in le~gth and shall not serve more than twenty
12 (20) lots or parcels. No cul-de-sac, in a rural area, shaff pro~ide so~e legal access to
13 more tha~ ~[wenty (20) parcels, except where all parceis are more than twenty (20)
14 acres in lot area, or circulation is not practical or feasible beca~se af topography.
15
16 Sec. 20-7 ~4. Minimum widths.
17
18 Normally a minimum sixty-foot street right-of-way shall be required. A minimum fifty-
~9 foot street right-of-way shall be permitted for local access streets, short through
2D streets, or un~sual situations where the c~l-de-sac is appropriate, except as provided
21 for in Section 20-13B. In art industrial area a minimum si~l foot right-o#-way is
22 required.
23
24 Sec.20-135. Reserrred.
25
26 Sec. 20-136. Pri~ate easement as appro~ed access.
27
28 The Advisory Agency may ap~rove a buifding-free lega~ access easemenfi as appro~ed
29 access for di~isions of one (1 } parcel into two (2) lots where the pro~iding of appro~ed
30 access required by this chapter would pre~ent development of the proposed lot
31 abutting the existing appro~ed access to the property, or where existing development
32 on the proposed lot abutting the existi~g appro~ed access did not leave enough area
33 to pro~ide appro~ed access to tt~e otF~er fot.
34
35 Suc~ appro~al shall be s~abject to the fo~lowing conditions:
36
37 (1) The property shalf, prior to di~ision, be within an urban area as designated on
38 Appendix I of the design standards.
39
40 (2) The easement shall serve oniy one (1) single-family dwelling.
4~
42 (3} A building-free turning area shall be pro~ided on the fot or parcel served by the
43 easement.
~4
45 (4) Maximum length of the easement shall be no more than two hundred (200) feet.
4fi
46
{5) The minimum width of the easement shall be twenty {20) fest to be improved as
follows:
(a) Sixteer~ (26) feet of gravel roadway with an SC-250 prime coat minimum.
{b) Fo~r (4} feet reserved for utilities.
(6) There shali be a bui[ding-free setback of ten (~0) feet, measured from the edge
of the easement, unless t~~ zoning district in wF~ich the prope~y lies requires a
greater setback.
(7) The parcel ab~tting t~e existing appro~ed access shall ha~e a frontage on ~he
existir~g appro~ed access of a minimum of se~enty-fi~e (75} feet.
(8) Where possible, the easement shall be located adjacent to the existing
driveways o~ neighboring parcels.
(9) A statement shall be placed on the map indicating that the parcel to be ser~ed
by the easement can not be di~ided unti! an easement or right-of-way is
pro~ided, as set for~h in Section 2~-134.
Sec. 2Q-137. Street afignment.
The center fines of streets which are the extensions of existing streets shall continue
#he cer~ter lines of the existing streets, as far as practicable, either in the same
direction or by adjustment currres.
Sec. 20-138. S#reet intersec#ion offset.
Streets e~tering upon opposite sides of any given street shall ha~e their center fines
located directly opposite each other as far as practicable, or the center lines located
shal! be ofifset at least one hundred twenty (120) feet for minor residential streets, and
at least two hundred (20~) feet for all other streets.
Sec. 20-139. Street intersection alignment.
The center lines of streets shall infersect one another as nearly at right angles as
practicable and s~all not be excess~~eiy curved.
Sec. 20-140. Bicycle pa#hs.
In subdi~isions of two hundred (200) or more parcels or lots, the developer may be
required to dedicate such additional land as is necessary to p~ovide for bicycle paths
for the use and safety of the residents of the subdivision. If required, bicycle paths
shall ha~e a minEmum width of fen (1~} feet and may be req~ired:
(1) To connect dead-end streets; or
47
1 (2) To pro~ide access to parks, schools, or similar fiacilities. Such access is ~o be
2 dedicated to and maintained by the agency se~ved.
3
4 Sec. 20-141. Pedestrian ways.
5
fi In subdi~isions o# fifty (50} or more parcels or lots, the developer may be required to
7 dedicate such additional land as is necessary to provide for pedestrian ways for the
8 ~se and safety of the residents of the subd~~ision. If required, pedestrian ways shal!
9 have a minimum width of ten (10) #eet and may be req~ired:
10
1~ (~l} To connec~ dead-end streets; or
12
~3 (2) To pro~ide access to parks, schools, or simi~ar facilities. Such access is to be
14 dedicated to and maintained by the agency served.
15
~ B Sec. 2Q-142. Easements.
~7
18 Easements for storm drair~age, sewers or o~her public utilities may be required. In the
19 event that the subdivisio~ is tra~ersed by any watercourse, channel, lake, stream, ar
2p creek, the st~bdivider shall provide rights-of-way or easements for storm drainage
21 purposes either conforming substantially with the lines of such watercourse, channe~,
22 lake, stream, or creek; or he shall provide necessary rights-of-way or easements for
23 any changes in the channel. Tf~e width of the rights-of-way or easements shall be
2~4 adequate to provide for the necessary maintenance of the channefs and (ncidenta~
25 structures.
26
27 Sec. 20-143. Widths along streets and side lot lines.
28
29 Dedication or irre~ocable offer of dedication of real ~roperty within the suhdi~isian may
30 be required for streEts, aileys, incfuding access rights and abutter rights, drainage,
3~ public utility easements and other public easements. Howe~er, where the subdi~ision
32 creates fewer than fi~e (5} parcefs, such dedication s~all be limited to right-of-way
33 easements and the construction of reasonable ofF-site and on-site impro~ements for
34 the parcels being created.
35
3fi Sec.24-144. Reser~ations.
37
38 Areas of real property within the subdivision shall be resenred for parks, recreational
39 facifities, fire stations, libraries or other public uses, consist~nt with the General Plan
4Q Specific Plan, Community Pian, or pro~ided:
4~
42 {1) The reser~ed area is of such size and shape as to permit t~e balance of the
~43 property within whic~ the reservation is located to de~elop in an orderly and
44 efficient manner.
45
46 (2) The amoun# o# land reserved will not maice de~elopment of the remaining land
47 held by the subdi~ider economicaily unfeasible.
48
~ {3) The reserved area shall conform to the General Plan or an adopted Specific
2 Plan or Community Plan and shall be in such multiples of streets and parcels as
3 to permit an eificient division of #he reserved area in the e~ent that it is not
4 acquired witk~in t~e prescribed period. In such e~ent, the subdi~ider shall make
5 those changes as are necessary to permit the reserved area to be developed
6 for tl~e intended purpose consistent with good subdividing practices.
7
8 Sec. 24-145. Public impro~ements (Reserrred).
9
10 Sec. 20-i46. Installation of impro~emen#s.
11
~ 2 All reguired impro~ements shalf be installed to permanent line and grade to the
~3 satisfaction of t~e Director of Pubiic Works.
"I 4
15 Sec. 20-147. Contiguous improvemen#s.
16
~7 When it is apparer~t that the construction of the impro~ements i~ a proposed
18 subdi~ision will lea~e contiguous areas of substandard improvement, and which
19 su~standard impro~ement will create a condition detrimentaf to public safety, health,
2~ interest and con~enie~ce, then the Ad~~sory Agency may recammend #h~
21 simuftaneo~s impro~~ment of reasonably contiguo~s areas consistent with the
22 purpose and intent of t~is chapter. WF~en sueh a recommendation is made the Board
23 of Supervisors shal! make a specific finding that such impro~ements wi1E be of public
~4 necessity and con~enience if it imposes the requirements.
25
26 Sec. 2p-148. Dedication of impro~ements.
27
28 When circumstances dictate #hat in the public interest the impro~ements installed by
29 the subdivider for #he benefit of the subdivision shall contain supplemental size,
3Q capac9ty, or number for the benefit of properly no~ within the subdi~ision, such
3~ impro~ements shall be dedicated to the public.
32
33 Sec, 20-149. Impro~ement agreement.
34
35 In tt~e event of the installation of improvements required by Secfiion 20-148, #he local
36 agency shall enter into an agreement with ~he su~di~ider to reim~urse the subdivider
37 for that portjon o~ ~he cost of such impro~ements equal to the difference between the
38 amount it would ha~e cost the subdi~ider fo install such impro~eme~ts to serve the
39 subdivisiQn only and tF~e actual cost of such impro~ements.
40
41 Sec. 20-150. Re~mbursement agreement.
42
43 In order to pay the costs as required by the reimb~rsement agreement, the County
44 may:
45
49
1 (1} Coilect from other persons, including public agencies, using such impro~ements
2 for the benefit of real property not witf~in the s~bdi~ision, a reasonable cf~arge
3 for suc~ use.
4
5 (2) Contribute to the subdivider that part of the cost of the improvements that is
6 attributable to the benefit of real property outside the subdiuision and l~vy a
7 charge upon the real property henefitted to reimf~urse itself for such cost,
8 together with interest thereon, if ar~y, paid to ~he subdi~ider.
9
10 (3) Estabkish and maintain local benefit districts for the le~y and collectio~ afi such
1~ charge or costs from the property benefitted.
1~
13 Sec. 20-151. Drainage and sewer distric# fees.
14
15 Any local agency within a bcal drainage or san~tary sewer area may adopt the plan
16 and requirements imposed by the County, and impose a reasonable c~arge on
~ 7 property within the area which, in the opinion of #he County, is benefitted by such
18 drainage or sanitary sewer facilities. The charge coklected must be paid to the focal
19 agency or subdi~ider constructir~g such drainage or sanitary sewer faciltties, and any
20 local agency within the drainage or sanitary sewer area may enter ir~to a
2~ reimbursement agreeme~t with the subdivider.
22
23 Sec. 20-152. Street Lighting.
2~
25 Street lighting shall be pro~ided as se~ forth below ar~d in the impro~ement s~andards.
26
27 (1) A street light~ng system shall be furnished in place by the subdivider along all
28 interior and bo~ndary sfreets within a!I subdivisEOns in accordance with the
29 standards set forth in t~e improvement star~dards of the County, except thafi
30 only electrical outlets for lighting would be required where not detrimenta! to
31 health and safety.
32
33 (2} The elec#roliers and all ap~urtenances thereto shall be lacated withi~ the street
34 right-of-way or within easemer~ts dedicated fior s~ch purpose, and the
35 efectrofiers sF~all be spaced along the street as required for the type of
3fi electroHer placed in accordance with the improvement standards of the County.
37
~S (3) For single-family residential subdi~isior~s ha~~ng an a~erage lot street frontage of
39 more than one hundred twenty-five {125) f~et, but not more than two hundred
40 (2~D) feet, the street lighting system need not be placed afong the streets, but
41 shall, as a minimum, be placed at all street intersections, culs-de-sac and at
42 other locations as required by the ~irector of Public Works.
43
44 {4) Far planned de~efopments, residentiai, commercial or industria! de~elopments
45 where the ir~ternal streets are not offered for dedicatio~, a street lig~ting system
4fi need not be installed on the internal non-dedicated streets, but shall be
47 provided by ~he devefoper on the external pu~fic street fronfage.
50
(5) Street lights are not required for single-family residenfiaf subdivisior~s with an
auerage fot street fron#age o# more than two hundred (200) feet. In determining
t~e a~erage lot street fror~tage, lots not designed for single-family reside~tial use
shall not be considered.
(6} Street lights may be required fo~ subdi~isions focated within the mountain
recreational area as shown in Appendix I of the design standards.
Sec. 24-153. Pro~iding water, sewer and public utili#ies.
Wa~er, sewage disposai, and public utifities shall be provided as set forth below:
(1) The construction and maintenance of wells and septic tanks shall meet the
appiicable or ord~nances of the County.
(2} Where a public sewerage facility is a~ailabie to t~e subdi~ision, bu# a public
water system ~s r~ot, the Ad~isory Agency may, upon recommendation of the
Director of En~ironmental Health, require installation of a public water system as
a condition of appro~al of the tentati~e map.
(3) All lots within a subdi~ision shall be provided with a public w~#er system ar
approved ~or indi~idual water supply systems as set forth in the design
resolu~ion.
Sec. 20-154. Fire protection.
Fire protectio~ de~ices shall be pro~ided as pro~ided below:
(1) Fire hydrants, gated connections and appurtenances to pro~ide adequate fire
pratectio~ shall be furnished in place by the subdi~ider except a deposit may be
required as an alternati~e. The amour~t and other pro~isior~s relatir~g to said
deposit shalf be as provided in the design resolu#ion.
(2) The #ire protection facilities shall be furnished in accordance with the standards
of the fire dist~ict in which the subdi~ision is located, or the impro~ement
standards of the County, whiche~er is greater.
Sec. 2Q-i 55. Reserved.
Sec. 20-i56. Off-street parking requirements.
All lots shall be designed so as to meet fihe of#-street parking requirements of Chapter
24 of this Code.
Secs.20-154-20-759. Reser~ed.
51
~[ ARTICLE VI1. VIOU4TtONS AND CERTIFICATES OF COMPLIANCE
2
3 Sec. 20-'~G4. Illegally created parcels.
4
5 (a) Subject to su~section (b) below, no County officer, department, or empfoyee shall
fi issue any permit or grant any appro~al necessary to de~elop any real pro~erty which
7 ~as been divided, or which has resuited from a division, in violation of the prouisions
8 of the State Subdivision Map Act or the provisions of this Chapter if the de~elopment
9 of such real prope~y is contrary to the public health or the public safety. The authority
~0 to deny such a permit or such approval shall apply whether the applicant, therefore,
11 was the owner o~ the real property at the time of such ~iolation or whether with, or
12 without, actual or constructi~e knowledge of the ~iolatior~ at the time of the acquisition
13 ofi his interest ir~ such rea6 property; pro~ided, howe~er, that such permits shalf be
1~4 issued or appro~al granted if de~efopment of such real property is not contrary to the
15 public heal~h or the public safety a~d a certificate of compliance is issued pursuant to
~ 6 this chapter.
17
18 (b) No building, septic tank or other land use permit of any type shall be issued fay
19 any de~artment, board or commission for any parcel created between ~ctober 4,
20 1956, and June 27, ~ 963, in ~iolation of Ordinance No. 557 ~nless the persan owr~ing
21 said parcel, at the time of application for sucf~ permit, either:
22
23 {1) Provides the access reguired by ~rdi~ance No. 557; or
24
25 (2) Executes an affidavit showing that as o# the date t~e acquired ownership, said
26 owner was unaware tk~at said parcef was created in ~iolation of Ordinance No.
27' S57. Each owner of record as of #he date of said application shalf exec~te such
28 an affidavit. "Owner" shall include a person holding an option to purchase or a
29 purchaser under a contract of sale. Any p~rmits issued pursuant to such an
30 affida~it shall be limi#ed to one (1) singfe-family dwelling unit, together with
31 accessory structures for eac~ such parcel.
32
33 An applicant under this subsection s~all be deemed to be a"subdivider" for tE~e
34 ~urpose of appealing any decision rendered pursuant to Section 20-160.
35
36 Section 20-16~ . Notice of ~iolation.
37
38 W~ene~er any Cour~ty department has knowfedge that real property may have bee~
39 di~ided in violation of the pro~isions of the Subdi~isior~ Map Act or of this chapter, it
40 shall either report such knowledge to the De~~lopment Review Committee or shal!
4~ schedule a hearing in front of a hearing officer pursuant to Section 20-161.1.
42 Notwithstanding the abo~e, the Office of the District Attorney shall be exempt from the
43 requirements ofi this section and Sectio~ 20-16~.~.
44
45
46
47
52
1 Sec. 20-16~t .1. Notice.
2
3 T~e Coun~jr departmer~t ha~ing such knowledge of the ~iolatio~ or the De~elapment
4 Re~iew Committee, wF~ich afker re~iewing the repor~ submitted to it by the County
5 department and #inding that the circumstances warrant, uNess such ~iolation is u~der
6 in~estigation and/or prosecution by fhe Office of fhe District Attorney, shall:
7
8 (1 } File with the recorder a notice of intention to record a notice of violation, which
9 notice shall describe the property in detail, naming the owners thereof,
1q descrihing the ~iolation, and stating that #he opportunity wifl be given to the
-~ 1 owner to present e~idence.
12
~3 (2} Set for hearir~g bEfore the De~elopment Review Committee the question of
14 wF~ether or not there has been a dE~ision of fand in violation of the S€~bdi~ision
15 Map Act or this chapter, a~d whether a notice of ~iolation sho~ld be recorded in
16 the 4ffice o# the County Recorder. Upon recarding th~ Notice of lntention, a
~ 7 copy of the Notice shall he sent to the owner of the real properly, setting forth
18 the time, date, and place of such hearing, at which the owner may present
19 evidence.
20
21 (3) Del~ver a copy of said notice to the De~elopment Services, Pub{ic Works and
22 Health departments. After such deli~ery, no permits or approvals shaif ~e
23 issued until a final determination has been made regarding recardation of a
24 notice of ~iola#ion.
25
26 Sec. 20-161.2. Inrrestigation by District Attorney.
27
28 When ~iolatio~s are under investigation and/or prosecution by the Office of the District
29 Attorney, if a settlement is not reached and/or a judgement is rendered which does
30 not pro~ide for impro~ements deemed necessary by the Ad~isory Agency, the
31 Ad~isory Agency shall proceed pursuant to Section 2D-161.1.
32
33 If a settlemer~t is reached and/or judgement is rer~dered whicl~ pro~ides for
34 impro~ements deemed ~ecessary by the Ad~isory Agency and such improvements are
35 compfe~ed, tf~e Advisory Agency shall issue and record a Certif~cate of Com~fiance
3fi upon appfication, and payment of the fee set forth by resolution of fhe Baard of
37 Supervisors, by an owner of a parcef or parcels within #he ~Ilegaliy creat~d subdivision.
38 For purposes of this section, all ~rope~y remainir~g in the ownership or control of the
39 subdi~ider shal~ be deemed merged insofar as possible into the legal parcel or parcels
40 as they existed prior to t~e illegal subdivision.
41
42 Pending completion of improvements deemed necessary by the Ad~isory Agency,
43 upon application of an owner of a parcel o~ parcefs, ~xcept for thE suhdi~ider, the
44 Advisory Agency may au~horize County depa~tments to issue permits if the subdi~isio~
45 committee determines #hat the de~elapment o# the property wouid no# be detrimental
46 to the pubiic health or safety. The dec~sior~ o# #he Advisory Agency may be appealed
~47 ta th~ Board of S~penrisors pursuant to Section 20-172.
53
1 Sec. 20-~162. Act~on regarding notice of ~iofation.
2
3 At the time of said hearing, after hearir~g the e~ide~ce presented by the representati~e
4 or representatives of the county, the owners of the property, and any other interested
5 perso~s, the hearing officer or De~elopmen~ Re~iew Committee shalf determine
6 whet~er or nat the property has been [properly] di~ided or has resuited from a di~ision
7 in violation o# this cl~apter or the Subdi~ision Map Act.
8
9 If the owner of the real property has failed to inform ~he County of his objection to
1 D recording the Notice of Violation, or if the hearing officer or development ~e~iew
11 committee determines that the pro~eriy has been divided or has resulted from a
12 division in violation of this chapter or of the Subdi~ision Map Act, the County
13 department or #he De~elopment Re~iew Committee shal! mail a notice so sta#ing to the
14 owr~er or owners of the property affected as s~own on the latest assessment roll,
15 aduisir~g them of their right ~o appeal this decision to the Board ofi Supervisors
16 pursua~t to Secfion 20-~72 a~d further stating that a Notice of Violation shal! be
17 recorded with the County Recorder co~tajning the information specified in Section
18 66499.36 of the government Code. The Ad~isory Agency shail forward a copy of said
19 notice to the District Attorney for possible prosec~#ion. !f the hearing officer or
20 Development Re~iew Committee determines #hat no violation has occurred or that a
21 ~io~ation has occurred, but has been correctEd, the Ad~isory Agency shall record a
22 CertificatE of Compliance in a form specified in this chapter, w~ich sha~f constitute a
23 release of the Notice of Intenfion to record a Notice of Violation.
24
25 Section 20-1 fi3. Effect o~ recordation of not~ce of ~iolation.
26
27 Upon recordation of such notice of ~iolation, no County departm~nt, officer, or
28 empfoyee shall issue any permit or grant a~y appro~al necessary to deuelop said
29 property unless and until ~ Certificate ofi Compliance has been issued for said property
30 pursuant to this c~apter.
31
32 Notwifhstanding the abo~e, if the Ad~isory Agency d~termir~es that de~elopme~t of the
33 property is r~ot defrimer~ta! to the public health or the public safety, permi~s may be
34 issued or appro~afs granted. Conditions may f~e imposed that would ha~e been
35 application to the di~ision of the property at the time #he current owner of record
36 acquired the prope~#y.
37
38 Sec. 20-i 64. Recordation ofi notice of violation not exclusi~e remedy.
39
40 Nothing in this chapt~r shail be deemed to require the recording of a Notice of
41 Viola~ion as a condition precedent to t~e enforceability of any of the pro~isions of this
42 chapter or the State Subdi~ision Map Act.
43
44
45
46
47
54
1 Sec. 20-~ 65, Certificate of compliance.
2
3 Any person owning real property may request the County to determi~e whether such
4 real pro~er~y complies with the provisions of the Subdi~ision Map Act and of this
5 chapter. Applications for s~ach determination shall be filed with the Department of
6 De~elopment Services, together wi~h a plot plan and such other information as may be
7 prescr~bed by fihe Advisory Agency, includi~g the filing fee as established by of the
8 Board of Supenrisors.
9
10 Sec. 20-166. Action by Advisory Agency on reques# for certi#icate o#
11 compliance.
~2
13 Within thirty {30) days of a filing of a request by a property owner for the issuance of a
14 Certificate of Compliance, the Advisory Agency shal! commence a re~iew of the
15 request to determine whet~er the property or the di~ision thereof compfies with the
~ 6 pro~isions of the state Subdi~ision Map Ac# and this chapter, and whether a Certificate
17 of Compfiance shall be issued and recorded in the office of the Recorder or denied.
18
19 Sec. 20-167. Co~di#ional issuance of certificate o~ compliance.
20
21 If t}~e Ad~isory Agency determines that such real property does no~ comply with the
22 provisions of the Subdi~ision Map Act or ofi this Chapter, bu~ that de~elopment of such
23 real pro~erty would not be contrary to pubfic healfih or the public safety, it shall grant a
24 Certificate of Compliance. !r~ such cases the commit~ee may, as a cor~dition of
25 granting a Certificate of Compliar~ce, and in order to ~rotect the public heafth or the
26 public safety, impase such conditions as would ha~e been applicaE~fe to the di~ision of
27 tF~e ~ro~aer~y at the time the current ow~er of record acquired the property, except that
28 where the applicant was the owner of record at the time of the initial ~iofation of the
29 ~ro~isions of this chapter or of locai ordinances enacted pursuant t~ereto who by a
30 grant of the real property created a parcei or parcels in ~iokation of this chapter or
31 local ordina~ces e~acted pursuant thereto, and such person ~s the current owner of
32 record of one (1) ar more of the ~arcefs which were created as a result of the grant in
33 ~iofation of this cl~apter or kocal ordinances enacted pursuant thereto, ther~ the local
34 agency may impose such conditions as would be applicable to a current division of
35 tF~e properry. Such conditions may ~e fuffilled and impfemented by the property owner
36 w~o applied for the certifiicate or by a grantee of such property owner. If s~ch
37 conditions are not fulfilled or implemented, the certi#~cate of compliance shall ha~e no
38 fiorce or eff~ct ~pon any subsequent transfer of the property; and any subsequent
39 ~ransferee or assignee shall make a new applica#ion for a Certificate of Compliance
4~ pursuant to Sectio~ 20-166; and the Ad~isory Agency may impose such conditions as
41 would have been appficable at the time such assignee or trans#eree acguired the
42 property.
43
~4 If such conditions are fulfilled to the satisfaction of the Ad~isory Agency, the current
45 owner of record may request that a Notice of Compfiar~ce be filed with the Butte
4fi Couniy Recorder. Said Notice of CompGance shall identify the real property and the
55
1 book and page of the previousiy recorded Certificate of Compliance and shali state
2 that the conditions of the Certificate ofi Complia~ce have been fuifilled to the
3 satisfaction of the Development Re~iew Committee.
4
5 Sec. 24-~88. Content o~ certificate of compliance.
6
7 Any Certificate of Compliance recorded pu~suant to this chapter shall identify the real
8 properry and shalf state that the di~ision thereof complies with applicable pro~isions of
9 the Subdivision Map Act and of this chapter. In addition, if the Certificate of
1 D Compliance is Essued conditionaliy pursuant to Section 20-~ 66 of this chapter and
11 Sectior~ 66499.35 0# the Government Code, Title 7, Dir-ision 2, it shall specify such
12 conditions.
13
~ 4 Sec, 24-169. Denial of certificate of compliance.
~5
16 I# the Ad~isory Agency determines that such real properry does not compiy with the
~l7 pro~isions of #he Subdivision Map Act or of this chapter and that conditions can not be
18 imposed to profiect the public health and public safety, it shafl deny the appfication for
19 a Gertifiicate of Compliance and shal! initiate Notice of Violation proceedings pursuant
20 to Section 20-160 et seq. unless the owner appeals or applies for approval of a
21 subdi~ision or parcei map pursuant to this chapter, in which e~ent the Notice of
22 Violatio~ procedures shall be hefd in abeyance untii a final decisian is made with
23 respect to such appeal or map. Notice of denial of the appfication for a Cer#i#ica~e of
24 Compliance shall bE mailed to the applicant ad~ising him of his right to appeal the
25 dECision to the Board ofi Supervisors and further advising that unless s~ch an appeal
26 is tEmely filed or appfication is made for appro~al of a subdivision or parcel map,
27 Notice of Vioiation procedures shail i~e initiated.
28
29 Sec. 20-170. Subdi~ision map a~ parcel map as compliance.
30
31 A recorded final subdi~isio~ map or parcel map shall constitute a Certifiicate of
32 Compliance with respect to the parcels of real property described thereir~.
33
34 Sec. 20-17~i . Continuation of closed hearings.
35
36 Such hearings with respect to Notices of Violation and Certificates of Compliance, or
37 the Advisory Agency's deliberation on the e~idence after close of such hearings may
38 be con~i~ued from time to time, not to exceed a reasonable time.
39
4Q Sec.20-172. Appeal.
~1
42 Any decision of the Ad~isory Agency regarding a Certificate of Compliance may be
43 appealed by #he applicant to the Board of Superuisors within fifteen (15) days of the
44 mailing of notice of the Agency Agency's decision t~ereon, pursuant to Section ~0-66
45 of #his chapter. No Certificate o# ComplEance shali be recorded unti! the decision
46 thereon has become final unless the applicant agrees, in writing, to wai~e his r+ght to
47 an appeal.
56
~ Sec. 20-173. Hearing off~cer.
2
3 A!I hearings conducted pursuant to 5ection 2~-161.1 to determ~ne whethEr or not
4 lands have been subdivided in violation of the pro~isions of this section shall be
5 conducted by a hearing oificer. The hearing officer shall tae appanted by the Board of
6 Super~isors and shall be reimbursed at the rate of se~enty-fi~e dollars ($75.00) per
7 day. The determina~ion of the hearing officer shall be final fifteen {15) days after the
8 mailing of the hearing officer's decision unless an appeal is filed with the Board of
9 Super~isors pursuant to Section 20-66.
10
11 Section 20-~74. Adjacent parcels.
~2
13 Notwithstand~ng anything to the contrary in this chapter, in the event an ad~acent
~4 parcel is acquired, i~cluding those parcels which do not confo~m to standards for
15 minimum parcel size to permit use or development under a zoning, s~bdi~ision or
16 other ordinance o~ the County, whieh has been subdivided under t~is c~apter or any
17 prior ordinance or law regulating the di~ision of land, then in that e~ent no parcel map
'i 8 or subdi~isior~ map shall be required for the purpose of sale, leas~ or financing ofi such
19 parcef.
2A
21 Secs.20-175-20-i79. Reser~ed.
22
23 ARTICLE VIII. REVERSIONS TO ACREAGE
24
25 Sec. 20-180, General,
26
27 Subdivided property may be re~erted to acreage either by finaf subdivision map or by
28 parcef map pursuant to pro~isions of this chapter. Where exis~ing fots were legalfy
29 created prior to April 4, 1974, which Endi~idually do not meet the current requirements
3D of Chapter '19 of this Code, are be~ng re~erted to acreage, the Ad~isory Agency may
31 appror-e such re~ersion pro~ided that the acreage res~lting from the re~ersion meets
32 the current requirements of Chapter 19 of t~is Code.
33
34 Sec. 20-180.1. Re~ersion by re-s~bdi~ision.
35
36 Subdiv~ded lar~ds may be merged and re-subdivided without reverting to acreage ~y
37 ~omplyir~g with al! the applicable requireme~ts for the subdivision o~ land as prov~ded
38 by this chapter and the State Subdi~ision Map Act. The filing of tk~e final map or parcef
39 map shall constitute lega! merging of tl~e separate parcels into o~e (~ ) parcef and the
4~ re-subdivision of such parcel, and the real properry shall thereafter be shown with the
41 new (ot or parcel boundaries on the assessment roll. Any unused fees or deposits
42 pre~jously made pursuant to fhis chapter pertaining to the property shali be credited
43 ~ro rata towards any requirements for tt~e same purposes whict~ are applicahle at the
~4 time of re-subdi~ision. Any streets or easements to be left ir~ effect a~ter the re-
45 subdi~jsion shall be adequate~y deiineated on ~he map. After approval of the merger
46 and re-subdi~ision by the Ad~isory Agency, the map shall be d~li~ered to the County
57
~ Recorder. The fifing of the map sha~f constitute legal merger and re-subdi~ision of tF~e
2 land a~fec~ed thereby, and shall also constitute abando~ment of all streets and
3 easements r~ot shown on t~e ma~.
~
5 Sec. 20-150.2. Merger of contiguous parcels.
6
7 {a) Merger. P~rsuant to Government Code Section 6fi499.20 ~/4 and this section,
8 contig~tous lots or parcels under commo~ ownership may be merged without
g rever~ing to acreage.
~0
1~ {b} Application. An application for m~rger shall be on a form appro--ed by the
12 Director o# De~elopment Services, shall include a legal description of the lo#s or
~3 parcels to be merged, shall include a preliminary title report as to such lots or
14 parcefs and shalf i~ciude a legal description of the res~lting merged lots or
~ 5 parcels.
16
17 (c) Owner's Consent. All persons owr~ing an interest in t~te lots or parcels to be
'18 merged shall consent to the merger hy execufing an owner's certificate
19 consenting to merger. Said owner's certificate shall be in a form appro~ed by
2D the Director of De~efopment Serrrices.
21
22 (d) Referral to Affected Departments. The Director of De~elopment Serrrices shall
23 refer an appfication for merger to other affected Co€~nty departments, including,
24 but not limited to, the Department ofi Public Works and the En~iro~mental Health
25 Department. S~ch departments shall review the appfication and submit tl~eir
26 comments pertaining thereto to the director in writing.
27
28 (e) Notice. At least te~ (10) days prior to takir~g act~on to approve or deny the
29 application, the Director o~ De~elopment Services shall gi~e notice that the
30 application has been recei~ed. Sucl~ notice shaif be published pursuar~t to
3~ Government Code Seetion 6061 in a newspaper of general circufation within the
32 Co~nty, shall gi~e a general description o# the application and the location of
33 the rea! property which is the subject of the application, shall advise that
34 comments pertair~~ng to the application can be made a~d sent to the Director of
35 De~elopment Ser~ices, shall s#ate the date upon which action wi~f be taken ar~
3B the application, and shall be mailed or deli~ered: 1) to each local agency
37 expected to provide water, sewage, streets, roads, sc~ools, ar other essen~ial
38 facilities or services to the property, whose ability to pro~ide those facilities and
39 services may be significantly affected; a~d 2} to all owners of real property as
4~ shown on the latest equalized roll with~n three hundred (30~) feet of the real
41 properry whic~ is the subject of the application.
42
43 (fl Compliance With Zoning Ordinance. No merger of fots or parcels already with
44 one (1) or more li~i~g units shall be appro~ed pursua~t to this section unless
~45 the resulting single merged fot or parcel complies with the density requirements
46 of the applicable zoning ordinance. lf the contiguous lots or parcels under
47 common ownership are of sufficie~t area, each resul~ing merged !ot or parce!
58
~ must comply with the minimum parce! area and frontage requirements specified
2 in #he applicabie zoning ordinance; otherwise each res~lting merged lot or
3 parcel must comply as nearly as possibl~ wi#F~ such area and frontage
4 requirements.
5
B {g} Modification of Encumbrances. Prior to appro~al, all er~cumbrances, including
7 bonded indebtedness, shal! be modified to apply ~n~formly to each entire
8 result~ng lot or ~arcef, rather than to the portions of each resufting lot or pa~cel
g correspondir~g to the separate iots or parcels prior to the merger.
10
11 (h} Approvaf. TF~e Director of De--elopmEnt Senrices shalf review the application for
12 compliar~ce with this section and shall re~iew ar~d consider any comments
13 received from affected County departments. The Director is then authorized to
~4 a~pro~e any application wF~ich complies with the requirements of tFris section.
15 The Director shall gi~e written notice of his action on the applicatior~ as follows:
16 by maii to the applicar~t and owner(s).
17
18 {i) Appeal. Appeal from any decision of the Director of De~elopment Ser~ices
1 g pursuant to this sectio~ may be made by any interested ~erson in the same
20 manner, proced~re and time limitation as is provided in this chapter for appeals
~-1 on tentati~e maps.
22
23 (j} Certificate of Merger. As to a finalfy appro~ed applicat~on, the director [of]
24 de~elopment serrrices shall record a Certificate o# Merger, including the owner's
25 consent to merger, #o e~ide~ce the merger of the lots or parcels. The
26 Certificate of Merger shall be in a form approved by the Director of
27 De~efopment Se~vices and may include notations to the eifect that: 1} appro~al
28 of t~e merger does not guarantee that the resufting lot or parcel is developable;
2g 2) the indi~idual fots or parcels which ha~e been merged are not separately
3D a~ailable for sale, lease, or financing purposes.
31
32 (k) De~elopment of Res~€Iti~ng Lot or Parcel. De~elopment of lots or par~eis
33 resulting from merger pursuant to this section must be in compliance with any
~4 and all applicafale State and County statutes, ordinances, and regulations.
35 Merger pursuar~t to this section shall not exempt a resulting lot #rom the
36 provisions of Seetion 26-~4 of #he Butte County Code, ifi said Section 26-4 would
37 otf~erwise be applicable.
3$
39 Sec.20-181. Reser~ed.
40
41 Sec. 20-182. Initiatio~ for re~ersion to acreage.
42
43 Proceedings to re~ert subd~vided property to acreage may be ini~iated by petition of all
44 of the owners of record of the property.
45
46
47
59
Sec. 20-183. Fiiing peti#ion for re~ersion to acreage.
The ~etition shal! be #iled with thE Director of ~evefopment Services.
The petitior~ shall conform to the rules of the Advisory Agency as to form and content.
The rules shall require thE following to be i~cluded in t~e petition, as a minimum:
(~4) E~idence of title to the real property; and
(2) E~idence ofi the conse~t of alf of the owners of an interest in the property; or
(3) Evidence that none of the impro~ements required to be made have been made
wi#hin ~i+vo (2) years from the date of the final subdi~ision map or parcel map
was filed for record, or with~n th~ time allowed by agreement for completion of
the impro~ements, which~~er is later; or
{4) Evidence that no lots shown on the final subdi~ision map or parcel map have
been sold within fi~e (5} yea~s from #F~e date such fiinal subdi~ision map or
parcel map was fifed for record.
(5) A fEnal subdivision map +n the form prescribed by Go~ernme~t Code Section
66443 which delineates dedications which wi~l not be ~acated and any
dedication required as a condition to re~ersion.
Sec. 20-184. Fil~ng fee.
The petitioner shall pay a fee as set by the Board of Supervisors. 5uch fee shall be
paid at the time of filing the petition.
Sec. 20-185. Whe~ a re~ersion to acreage may be filed by others.
The Board of Supervisors at the request of any person or on its own motion may by
resofution initiate proceedings to re~ert property to acreage.
{1) The Board of Supervisors shall direct the Director of De~elopment Services to
obtain fhe information required by Section 2~-183 abo~e and present the matter
for approval as prescribed herein.
(2) When the proeeedings are initiated pursuant to this section, the person or
persons who requested the Board ofi S~per~isors to initiate the proceedings
sf~all pay a fee as set forth by resolution.
Sec. 20-186. Actions on re~ersio~s to acreage by final subdi~vision map.
The Director of Deveiopment Ser~ices shalt prepare and present a staff report to the
Ad~isory Agency.
60
1 The Advisory Agency s~afl conduct a hearing and shail re~iew #f~e petition with the
2 petitioner and Director of Developme~t Seruices a~nd shall ensure that the pet~tion
3 compfies with the requirements of this c~apter. The Ad~isory Agency shall fon+vard its
~ report to the Board o~ Supervisors.
5
6 Sec. 20-187. Hearing by Board of Superrrisors.
7
8 A public hearing shall be held before fhe Board of Super~isors on ail reversions to
9 acreage by finaf subdivision map.
1~
11 (1) Notice of the puhlic t~earing shall be gi~en as pro~ided in Section 66451.3 of th~
~ 2 Go~~rr~ment Code.
~3
14 {2} The Board of Super~isors may appro~e a reversion to acreage on~y if it finds
15 and records in writing that:
~6
17 (a) ~edications or offers of dedication to be ~acated or abandoned by the
18 reversion #o acreage are unnecessary for present or prospective public
~ g purposes; and
~p (b) Either: ~
21
2~ (i} AI1 owners of an interest i~ the real property within the subdi~ision
23 ~ave consented to re~ersion; or
~4 (ii} None of the im~rovements requ~red to be made ha~e been ;made
2~ within two (2) years from the date the fina! subdi~ision or parcel
26 map was filed for record, or within the time allowed by agreement
27 for completion o# tf~e impro~ements, whiche~er is later; or
~g {iii) No lots shown on ~he final subdivision or parcel map ha~e been
29 sold within fi~e (5} years from the date such map was filed for
3p record.
3~
32 {3) The Board of Supenrisors may require as conditions of the re~ersion:
33
34 (a) That own~rs dedicate or offer to dedicate streets or Easemer~ts.
35
36 {b) That the Co~nty retain ali or a portion of pre~iously paid subdi~is~or~ fees,
37 deposits or ~mpro~ement securities if tt~e same are necessary to
38 accampfish ar~y o~ the provisions of this article.
39
40 Sec. 2~-188. Return of fees, deposits; release of securities.
41
42 Except as provided in Seckion 20-187 upon filing of the fir~a! map for re~ersion to
43 acreage with the Cour~ty Recorder, al1 fees and deposits shakl be returned to the
44 suhdi~ider and ail improvement securities shalf be released by the Director of P~blic
45 Works pursuant to Section 66499.7 of the Go~ernment Gode.
4~
47
s~
Sec. 20-189. Filing final subdi~ision map for re~ersion to acreage.
A~ter the hEaring k~efore tF~e Board of Supervisors and approvaf of fhe re~ersion to
acreage, the final subdi~ision map shall be deli~ered to the Co~nty Recorder.
Re~ersions to acreage shal! be effective upon the final subdi~ision map being filed for
record with the county Recorder. Upon filir~g, all dedications and o~Fers of dedica~ion
not show~ on the fiinal subdivision map for re~ersion st~afl be of no further force and
effect.
Sec. 20-190. When a re~ersion to acreage by tentatir-e parcel map may be filed.
Proceedings to re~ert property previo~s~y subdi~ided, w~ich consisted of fiour (4) ar
fewer contiguous parcels under the same ownership, may be initiated by ~etition of
the owners of the property.
The petitior~ shail be filed with #he Director of De~efopment Services.
The petition shal! conform to the rules of the Advisory Agency as to fo~m and content.
The rules of tF~e committee shall require the foflowing #o be included in the petition as
a minimum:
(1) E~idence of ownership.
(2} E~idence of nonuse or lack of necessity of any streets or easements to
be ~acafed or abar~doned.
(3) A parce! map in a form prescrib~d by Section 66444 of the Go~ernment
Code which de~ineates any streets or easements which are to he left in
effect. In addition the parc~l map shall contain a certificate thereon
sign~d and acknowledged by all parties ha~ing any record title interest in
the property that the parties consent to the preparation and recordation
of t~e parcel map in accordance with Section G6436 of the Government
Code.
Sec. 20-197. Filing fees.
The petitioners shall pay a#ee as set by the Board of Supervisors.
Sec. 20-192. Action on re~ersion to acreage by tentatirre parcef map.
The Director of Dewe~opment Services shafl prepare and presen~ a staff repor~ to the
Ad~isory Agency.
Section.2p-193. Reser~ed.
62
Sec. 20-194. Hearing by Advisory Agency.
A public hearing shall be held before the Ad~isory Agency on all re~ersior~s to acreage
by parcel map.
The Ad~isory Agency shall approve the petitio~ if it is sa~isfied that the best interest of
#he Cou~ty of Butte are served by the reversion.
Sec, 20-~ 95. F~ling parcel map for re~ersion to acreage.
A Certificate of Owr~ership must be made a part of the final map. Ownership must be
verified by the title company responsibfe.
Sec. 20-196. Deli~ery to County Recorder.
The appro~ed parcel map shall be deli~ered by the Director ofi Public Works for
recording to the County Recorder.
Sec, 20-i 97. Recordation.
The recording of the parce6 map shall constitute a legal re~ersion to acreage of the
fand, abandonment of all streets and easements not shown on the parcel map, and a
merger of the separate parcels into one ~arcel which shall be shown as such on the
assessment roil.
Secs.2Q-198-20W209. Resen-ed.
ARTICLE IX. DRAINAGE FEES
Sec. 24-210. P1ans adopted.
Pursuant to Governmen~ Code Section 66483, the Board of Superrrisors has adopted
the Master Drainage Plans for Thermalito Area, and C~ico Vecino Area, Butte Coun~y,
whict~ plans set fiorth the fiacilities necessary to pro~ide drainage for the areas. The
plans also set forth minimum de~efopmenfi fees #or storm drainage, which wifl be
adopted by resolution of the Board of Supervisors.
The Advisory Agency may aflow payment of said fees, adopted by Board resolution, in
lieu of the de~eloper's co~structing permanent drai~age facilities as a condition o~
approval of a map within the area encomPassed within the master drainage plan.
Secs.20-271-20-249. Reserved.
E3
1 ARTiCLE X. ESTABLfSHING REGULATIONS FOR VESTfNG TENTATIVE MAPS
~ F~R RESIDENTiAL SUBDIVISI4NS
3
4 Sec. 2~-250. Citation and authority.
5
6 This article is enacted pursuant to the authority granted by Chap~er 4.5 (commer~cing
7 with Section 66498.~) of Di~ision 2 of Title 7 of the Go~er~ment Code of the State of
8 California {hereinafter referred to as fihe Vesting Tentati~e Map Statute), and may be
9 cited as the Vesting Tentati~e Map Qrdina~ce.
1p
11 Sec. 20-25~1. Purpose and intent.
~2
13 it is the purpose of this Article to estabfish proced~res necessary for the
~4 implementation of the Vesting Tentative Map Statute, and to supplement the pro~isions
15 of the Subdi~isian Map Act and the Subdivision Ordinance. Except as ot~erwise set
16 forth in the provisions of this article, the pro~isions of the Subdi~ision Ordinance shall
17 apply to the Vesting Tentati~e Map Ordinance.
18
19 Sec.20=252. Consis#ency.
20
21 No land shalf be subdi~ided and deve~oped pursuant to a ~esting tentative map for any
22 purpose which is inconsistent with the Butte County General Pla~n and any applicable
23 Specific Plan or adopted Community Plan or not permitted by the Zoning Ordinance or
24 other applicaf~le ~rovisinns of the County Cade.
25
2fi Sec.20-253. Definitions.
27
28 (a) A"vestir~g tentati~e map" shall mean a"tentati~e map° for a residential subdi~ision,
29 as defir~ed in the Subdivision Ordinar~ce, that shall ha~e printed conspicuousfy on its
30 face #he words °Vesting Ten#ati~e Map" at #he time it is file in accordance with Section
31 2pT255 herein, and is thereafter processed in accordance with the provisions hereof.
32
33 (b) Ali othe~ definitions set ~orth ir~ the County Subdivision ~rdinance are applicable.
34
35 (c) Vesting rights apply to parcef maps. References to "tEntative map" shall incl~de
~6 tentati~e parcel maps, and references to "final map" shall inclvde parcel maps.
37
38 {d} The "life" of the map is the time period starting with the appro~al (o~ conditional
39 approval) of a ~es#ing tentative map and ending when a final map has to be appro~ed.
40
41 Sec.20-254. Application.
42
43 (a) This Article shall apply only to residential developments. Whe~ever a pro~ision of
44 t~e Subdi~ision Map Act, as implemen~ed and supplemer~ted by the County
45 Subdi~ision Ordinance, Requires the #ifing o# a te~tati~e map or tenta#i~e parcel map
46 for a residential development, a vesting tentati~e map may instead by filed, in
47 accordance with the pravisions hereof.
64
(b) If a subdi~ider does not seek the rights confer~ed by the Vesting Tentative Map
Statute, the filing of a ~esting tenfati~e map shall not be a prerequisite to any approval
for any proposed subdi~ision permit for construction, or work preparatory to
construction.
Sec. 20-255. Fi~ing and processing.
A vesting tentative map shall be filed in the same form and have the same contents,
accompanying data and reports a~d shaii be processed in the same manner as set
forth in #he County Subd~~ision Ordinance for a tentative map except as hereinafter
pro~ided:
(a} At the time a vesting tentati~e map is #ife it sf~all ha~e printed conspicuously on
its face the words "Vesting Tenta#ive Map".
{b} At the time a ~esting tentati~e map is file a subdi~ider shalf aiso supply the
following information.
{1) An erosion control plan which complies with ~he Erosion and Sediment
Control Handbook, D~partment Qf Conserrration, May ~981.
(2) ~ A geologic study fo~ al! propert~es within fi~e hundred (50~) feet of an
earthq~ake fa~lt whefher inferred or active, or withir~ a special studies
zone as shown on the Butte County General Plan Seismic Safety
Element.
(3) F~re safety plan (water sfiorage, building construction materials, interior
sprinkiers, vege#atior~ remo~al) ~or all areas designated as higF~ or
extreme hazard by thE Butte County G~neral Plan Safety Eleme~t.
(4) Biologic and botanical sunreys of all drainage swales, creek or river
frontages, ~ernal pools, wetfand areas (marsh, mo~ntain meadow
riparian), ~afley oak woodland, or areas of special biofogical importance
as mapped by the Department of Fish and Game, waterfowl
eoncentration areas, anadramous a~d warm water fisheries.
(5) Flood hazard information for any designated Zone A flood boundary.
(fi) Noise survey of immediate en~iror~ment (within two hundred (2QD) feet of
all property lines).
(7) LigF~ting plan.
{8} Archaeological s~r~ey for a!! areas designated moderate or f~igh on Butte
County maps.
65
{9) Height o# structures #or any building withir~ clear zone or approach zor~e
of nearby airpo~t as mapped by the Airport Land Use Commissian.
{c} At the time a vestir~g map is fifed, the subdi~ider shall have received prior
appro~al on any required zoning changes.
(d) At tF~e time a ~estir~g map is filed, the subdi~ider shall file for any necessary use
permit and t~e appro~al of any ~esting map is contingent upon approval of said
~se permit.
Sec.20-25fi. Fees.
{a) lJpor~ filing a ves#ing tentati~e map, the subdi~ider shall pay the fees as adop#ed
by the Board of Supervisors for the fiking and processing of a tentati~e map.
(b} With regard to the payment of a particular type of fee, the map appro~al may
contain a condition tE~at the amount of tk~e fee is to be determined at the building
permit stage. Prior to issuance of building permits, the subdivider may be required to
pay any or all of t~e following fees:
{1) Schoof fe~s.
(2) Drai~age and/or ffood control d~strict fees.
{~) Park and recreational fees.
(4) Wildl~#e enhancement #ees.
{5} Fire protection fees.
(6) Transportation fees.
~'7) Road impro~ement fiees.
(8) Public service fees.
Sec.20-257. Expiratior~.
The appro~al or condifional appro~al of a ~esting tentati~e map shalf expire at the end
of #he same time period, and shall be subject to the same extensions, established by
the Subdivision Ordinance for the expiration of t~e a~pro~al or conditional appro~al of
a tentative map.
ss
~ Sec. 20-258. Vesting on appro~al of rresting tentative map.
2
3 {a) The appro~al or conditional a~pro~al of a ~esting tentatEVe map sha!! con#e~ a
4 vested right to proceed with de~elopment in substantial compliance with the
5 ordinances, policies, and standards described in Government Code Section 66474.2
6
7 Howe~er, if Sectior~ 66474.2 of the Government Code is r~pealed, the appro~a! or
8 conditional appro~al of a vesting tentati~e map shall confer a vested right to proceed
9 with develapment in substantial comp~iance with tf~e ordinances, policies and
10 standards in effect at the time the ~esti~g tentative map is appro~ed or conditionally
~ ~ appro~ed.
12
13 (b) Notwithsta~ding subdivision (a) he~ein, a permi#, approval, extension or e~titlement
14 may be made conditional or denied if either of the following is determined.
15
16 {1) A faifure to do so shv~ld place the residents of t~e subdi~ision or the immediate
~17 community, or both, in a condifiion dangerous to their heaith or safety, or both.
~8
'!9 (2} The condition or denial is required in order ~o compiy with State or federal law.
20
21 (c) The rights referred to herein sha~! expire if a f~na~ map is not appro~ed prior to the
22 expiration of the ~esting tentative map as pro~ided in Section 20-257. If the fiinal map
23 is appro~ed, these rights s~afl last for t~e following periods of time:
24
25 (1 } Ar~ initial time period of two (2) years. Where se~eral final maps are recorded
26 on various phases of a pro~ect covered by a single ~esting tenta#ive map, this
27 initial time period shal! ~egin for each phase when the final ma~ for that phase
2g Es recorded.
29
30 (2) The initiai time perEOd set forth in (c) (~) shall be automaticaliy extended by any
31 ~ime used for processing a complete application for a grading permit or for
32 design or arcf~itectural review, if such processing exceeds thirty (30) days, from
33 the date a complete application is file.
34
35 {3) A suhdi~ider may apply #or a one-year extension at any time be~ore the i~itial
36 time period set forth in (c) (1) expires. lf the ex#ension ~s denied, the subdivider
37 may appeai that deniaf to the Board of Supervisors within fi~teen (15) days.
38
3g (4) If the subdi~~der submits a complete application for a building permit during fhe
40 periods of time specified in subdivisions {1) though (3) herein, the rights
41 referred to herein shall continue untif the expiration of that permit, or any
42 extensior~ of #hat permit.
43
44
45
4fi
47
67
~ Sec. 2~-259. De~elopment inconsistent with zoning; conditional appro~ai.
2
3 (a) Whenever a subdi~ider files a ~est~ng tentatiue map for a subdivision whose
4 intended de~elo~ment is inconsistent with the zonir~g ordinance in existence at that
5 time, that inconsistency shall be noted on the map. The County may deny s~ch a
E ~es~ing tentati~e map or approve it co~ditioned on the subd~vider, or his or her
7' designee, obtaining the necessary change in the zo~ing ordinance to eliminate the
8 inconsiste~cy. If the change in the zoning ordinance is obta~ned, the approved or
9 condi~ionaliy approved ~esfing tentat~~e map shail, notwithstanding Section 20-258,
10 confer the vested right to prnceed with the development in substantial compliance wifh
1~ #he change in the zoning ordinance and the map, as approved.
12
13 {b} The rights co~ferred by this section shal! be for the time periods set forth in
14 section 20-258.
~5
16 Sec. 20-260. Appfications inconsistent with current policies.
17
18 Nofi+vithstanding any pro~isior~ o# this article, a properry owner or his or her designee
19 may seek ap~rovals or permits for de~elopment which depart from the ordinanc~s,
2D policies and standards described in Sections 20-258 and 20-259, and lacal ageneies
2~ may grant these approvals or ~ssue these permits to the extent that the departures are
22 authorized under applicable faw.
23
24
25
68