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SB 9 URBAN LOT SPLIT
APPLICATION GUIDE
(CA Gov. Code sec. 66411.7)
California Senate Bill 9 (California Housing Opportunity and More Efficiency [HOME] Act)
(SB-9), effective January 1, 2022, mandates a local jurisdiction, such as Butte County, to
ministerially approve two types of projects if specific objective criteria are met, in order to
provide more housing supply statewide. This application guide addresses the Urban Lot
Split component of the Senate Bill.
An Urban Lot Split first requires completion of a Lot Split Checklist (DPL-26) by a planner
to determine applicability of the Senate Bill. If the lot is determined to be splittable under
the provisions of SB 9, additional materials are required, including a tentative map showing
the design for the proposed division, together with the existing conditions on the site.
Urban Lot Splits must ultimately be consistent with the General Plan, zoning requirements,
and development standards, must conform to public health requirements, the Subdivision
Map Act and related County ordinances, and must not cause substantial environmental
damage. No CEQA review will be undertaken. The Urban Lot Split process is the method
for determining if a proposed land division meets those requirements. Approval will be
made ministerially at the staff level, with no hearing required. After approval of an Urban
Lot Split, the applicant must record the map to ultimately create the lots to be sold
separately. Approval will be valid for 24 months unless extended.
Improvement Standards
Required improvements may include easements for public services and utilities or a
creation of access to the public right-of-way, but no dedications or off-site improvements
will be conditioned. The most assured method of determining what improvements will be
required with your application is to directly contact the various County agencies with
authority over a particular system (i.e. Environmental Health Division, Land Development
Division, County Fire Department, etc.)
For detailed information regarding Butte County’s subdivision requirements, please review
Chapter 20 of the Butte County Code:
http://library.municode.com/index.aspx?clientId=16065
Additional information regarding County standards for roads, sewage disposal systems,
water supply, and other systems, please review the 2006 Butte County Improvement
Standards manual.
Butte County Department of Development Services PLANNING DIVISION
7 County Center Drive, Oroville, CA 95965
Planning Center Phone 530.552.3701 Fax 530.538.7785 dsplanning@buttecounty.net
FORM NO
PLG-25
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APPLICATION SUBMITTAL REQUIREMENTS
The following information is required for a complete application. The applicant
should discuss the application submittal requirements with Planning Division
staff prior to submittal. Additional information may be required in order to clarify,
correct or supplement the information below. Please contact the Planning Division
of the Department of Development Services if you have any questions about these
requirements.
1.Environmental Health Pre-Authorization Clearance. Complete a Pre-Application
Review with the Environmental Health Division and provide evidence of meeting
their requirements for sewage disposal and water supply in one of the following
ways:
a.A pre-application completion letter from Environmental Health;
b.A Willing and Able to Serve Letter from the appropriate utility district;
c.A completed cooperative agreement for annexation into a utility district.
2.Urban Lot Split Checklist (DPL-26). Completed and signed by planner.
3.Affidavit (DPL-27). The owner must sign an affidavit stating that they intend to
occupy one of the housing units/lots as their principal residence for a minimum of 3
years from the date of application approval.
4.Project Information Form (DPL-1). Completed and signed.
5.Project Setting Form (DPL-4). Completed.
6.Agent Authorization Form (DPL-2). If the application is signed by an agent for the
property owner of record, or by an applicant other than the property owner of record,
an agent authorization form must be submitted along with the application.
7.Application Filing Fees. The fee amount is based on a number of factors including the
application type and the fee amount collected by other County departments. Please
consult with Planning Division staff at planning@buttecounty.net, 530.552.3701 or
stop by the Office prior to application submittal to determine the initial filing fees.
All checks must be payable to: “Butte County”.
8.Preliminary Title Report / Condition of Title Guarantee. The Preliminary Title
Report or Condition of Title Guarantee must be prepared for all properties subject
to the application, and must be less than 6 months old from the date of the
application submittal.
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9.Urban Lot Split Map. Two (2) copies of a legible tentative map drawn to scale
(i.e. 1”=20’) on a sheet sized 18 inches by 26 inches or larger (folded to 8½” x 11”),
and one reduced copy of the tentative map no larger than 11 inches by 17 inches, to
allow for reproduction. Submittal of a digital copy (Adobe PDF format) is
encouraged. The tentative map shall include the following information:
a.Vicinity Map. Show north arrow, the location and boundary of the project site,
major cross streets and the existing street pattern in the vicinity.
b.Information Table. Include the following information:
i.Name of property owner and subdivision name (if any).
ii.Location of the subject property, including Assessor Parcel Numbers.
iii.North arrow, scale, and scale bar.
iv.Name of map preparer. Date of draft and any subsequent revisions.
v.General Plan and Zoning designations.
vi.Size of property including gross & net lot area (square feet and acres).
c.Property Boundaries. Show existing and proposed property lines with dimensions;
proposed lot number; gross and net lot areas (square feet and acres); and, the location
and size of any common areas, open space, and trails.
d.Buildings and Setbacks. Locations, dimensions, and use of all existing structures on
the property, including accessory structures and wells. Show the structure setbacks
from proposed property lines. Indicate whether any structures are proposed to be
removed. For Urban Lot Splits, future building envelopes shall be shown.
e.Circulation. Location, dimensions, and slopes for all adjacent streets (public and private)
and proposed streets, showing both sides of streets, street names, street width, striping,
centerlines, centerline radii of all curves, median and landscape strips, bike lanes,
pedestrian ways, trails, driveways, and edge of right-of-way including any proposed or
required right-of-way dedication.
f.Easements. Identify all existing and proposed right-of-ways and easements, including
the widths, location, purpose, and sufficient recording data to identify the
conveyance (book and page of official records). Show and describe off-site access
easements serving the property and the applicable County Recorder document numbers.
g.Topography. Existing topography and proposed grading extending 50 feet beyond
the property at 2 foot contour intervals for slopes up to 5%; and contour intervals of 5
feet for slopes over 5%. Include spot elevations, pad elevations, and percent slope.
h.Grading and Drainage. Preliminary grading and drainage information with existing
and proposed contours, existing and proposed on- and off-site drainage facilities, lot
drainage patterns and overland path-of-flow.
i.Utilities. Show the location and dimensions of existing and proposed utilities including
water supply system, sanitary sewer and laterals, water wells, septic tanks
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and leach fields, underground and overheard electrical lines, utility poles, and any
proposed or existing easements for these utilities.
j.Natural Features. Location of all natural features such as creeks, ponds, drainage
swales, wetlands, adjacent riparian vegetation, major rock outcroppings, etc.,
extending 50 feet beyond the property line to show the relationship with the
proposed development.
k.Flood Zone. If the property is within or adjacent to the 100 year flood zone, the
extent of the approximate flood zone and the 100 year water surface elevation shall
be clearly drawn on the map.
REVIEW FOR COMPLETENESS
Once an application has been submitted and fees collected, staff will perform an initial
application review for completeness within 30 days following submittal. If the application
is found to be incomplete, the applicant or designated agent will be contacted and advised
on what additional items must be submitted before processing can be completed. As part
of the review, staff may refer the application to any public agency having an interest in the
proposed project. Requests for additional information by these agencies will cause the
application to be deemed incomplete.
ENVIRONMENTAL REVIEW
Environmental Review for such Urban Lot Split Applications is ministerial and contingent
upon the environmental analysis contained within the Urban Lot Split checklist. If the
proposed Urban Lot Split is found to conflict with any of the conditions on the checklist it
will be denied, though the applicant may opt to file for a Tentative Parcel Map
Application, at which time a full environmental review under CEQA would be conducted.
DECISION/DETERMINATION
The Director of Development Services will review and approve Urban Lot Split
applications without a public hearing. A decision will generally be made within 30 to
45 days following the determination of a complete application.
APPEALS
Urban Lot Splits are a ministerial action, not subject to an appeal.
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FINALIZING URBAN LOT SPLIT
To complete the application process, an Urban Lot Split map must be filed and
approved by the Director of Butte County Public Works. After filing of the maps,
together with the applicable review fees, County staff will determine if the prepared
map substantially conforms to the approved application. If an Urban Lot Split map
is deemed to be in substantial conformance, the Director of Public Works will certify
and present it to the County Recorder for recording.
APPROVAL EXPIRATION
Conditional approval of an Urban Lot Split application will be valid for twenty-four
(24) months following the date the decision is made by the reviewing authority.
At any time beforehand, the applicant may file all the necessary information to enable
the Director of Public Works and Department of Development Services to finalize
the approved subdivision. If the map cannot be recorded within the initial
twenty-four (24) months, the applicant may file a written request for an extension
of time, together with any applicable fees, prior to expiration. An application
for extension of time will be reviewed by the Zoning Administrator, and,
if good cause is demonstrated, approval of the tentative map application
may be extended up to an additional twenty-four (24) months.
Butte County Department of Development Services PLANNING DIVISION
7 County Center Drive, Oroville, CA 95965 Planning Center Phone 530.552.3701 Fax 530.538.7785 dsplanning@buttecounty.net
Senate Bill 9 Urban Lot Split Checklist
Address:
APN: Lot Size: Zoning:
Owner Name:
Contact (email / phone):
Planner:
Senate Bill 9, among other things, requires two-lot Urban Lot Splits to be considered for ministerial approval (with
no discretionary review or public hearing required) if the projects meet certain standards as outlined below. The
bill also permits local agencies to apply objective zoning, subdivision, and design standards that do not conflict with
the provisions of SB 9 in their ministerial reviews.
This checklist must be completed by a County Planner.
Urbanized Area/Urban Cluster Determination
If “no” to the below item, any parcel is ineligible for a two-lot Urban Lot Split.
YES NO STAFF
1.Is the parcel subject to development
or lot split wholly within the
boundaries of an urbanized area or
urban cluster as designated by the US
Census Bureau? If so, which UA or
UC?
Urban Lot Split Requirements
If “no” to any of the below items, the parcel is ineligible for a two-lot Urban Lot Split.
YES NO STAFF
1.Are both resultant parcels
approximately equal in area provided
that one parcel shall not be smaller
FORM NO
DPL-26
than 40 percent of the lot area of the
original parcel proposed for
subdivision?
2.Are both resultant parcels larger than
1,200 feet?
3.Is the parcel subject to lot split
located in a Single Family Residential
Zone?
4.Does lot split conform to the
applicable objective Subdivision Map
act provisions pursuant to Section
66410 of Division 2?
If “yes” to any of the below items, the parcel is ineligible for a two-lot Urban Lot Split.
YES NO STAFF
5.Does the proposed split entail the
alteration or demolition of any
affordable or rent controlled housing,
any housing for which
accommodations for rent or lease
have been removed within the past
15 years (pursuant to Ch. 12.75), or
any housing occupied by tenants in
the past three years?
6.Is the parcel subject to lot split
located within a historic district or
property included on the State
Historic Resources Inventory or as
designated by a local ordinance?
7.Has the parcel been previously
subdivided per this section?
8.Has either the owner or an agent of
the owner previously subdivided an
adjacent parcel using an Urban Lot
Split per this section?
9.Would the application of objective
standards physically preclude
development of up to 2 units on
either resulting parcel or either unit
being ≥ 800 sq. ft.?
Environmental Review
If “yes” to any of the below items, the parcel is ineligible for a two-lot Urban Lot Split.
YES NO STAFF
10.Is the parcel located in Prime
Farmland / Farmland of Statewide
Significance?
11.Is the parcel located in identified
Wetlands?
12.Is the parcel located in the Very High
Fire Hazard Severity Zone?
13.Is the parcel located on a Hazardous
waste site?
14.Is the parcel located on a delineated
Earthquake fault zone?
15.Is the parcel located in a special flood
hazard area? (If so, development can
still be occur given a Letter of Map
Revision prepared by FEMA or if the
site meets the minimum flood plain
management criteria of the National
Flood Insurance Program)
16.Is the parcel within a regulatory
floodway (unless the development
has received a no-rise certification in
accordance with Section 60.3(d)(3) of
Title 44 of the Code of Federal
Regulations)?
17.Is the parcel located within
conservation Lands / under
conservation easement?
18.Does the parcel provide habitat for
protected species identified as
candidate, sensitive, or species of
special status by state or federal
agencies, fully protected species, or
species protected by the federal
Endangered Species Act?
*review specific parcels for applicability of setback, easement, access, parking, rental, and owner occupancy
requirements pursuant to 66411.7 (c) 1()*
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SB 9 URBAN LOT SPLIT OCCUPANCY AFFIDAVIT
Senate Bill 9 (SB 9) (Chapter 162 of the Statutes of 2021) allows for the ministerial approval of a
parcel map for certain urban lot splits, if certain requirements are met. Per California Government
Code Section 66411.7 (f), Butte County Development Services requires that the uses allowed on
a lot created by an urban lot split be limited to residential uses. Per California Government Code
Section 66411.7 (g) (1), Butte County Development Services requires an applicant for a parcel
map for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of
the housing units as their principal residence for a minimum of three years from the date of the
approval of the application. Per California Government Code Section 66411.7 (h), Butte County
Development Services requires that a rental of any unit created pursuant to this section be for a
term longer than 30 days and is not permitted to participate in short-term rentals per Butte
County Code Section 24-172.1. A deed restriction shall be recorded at the building permit stage
for any unit created pursuant to this section specifying the restriction on rentals.
The property owners must prove that they are the property owners of record for the existing
parcel. The property owners shall designate which of the housing units will be used as their
primary residence.
I/We,
______________________________ (Printed name of owner),
______________________________ (Printed name of owner),
______________________________ (Printed name of owner),
owner(s) of APN: do hereby acknowledge and declare the following true and
binding. This affidavit certifies that the property owners will occupy one of the housing units
located on one of the parcels created by this urban lot split until three years from the date of the
approval of the urban lot split. The property owners will show on a signed site plan to be attached
to this affidavit which housing unit they will occupy. If there is no housing unit located on the
Butte County Department of Development Services PLANNING DIVISION
7 County Center Drive, Oroville, CA 95965
Planning Center Phone 530.552.3701 Fax 530.538.7785
dsplanning@buttecounty.net
FORM NO
DPL-27
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existing parcel, the property owners will occupy one of the housing units constructed as their
primary residence for three years from the date of construction.
Signature:
________________________________________ (owner) ____________________ (date)
________________________________________ (owner) ____________________ (date)
________________________________________ (owner) ____________________ (date)
Butte County Department of Development Services PLANNING DIVISION
7 County Center Drive, Oroville, CA 95965 Planning Center Phone 530.552.3701 Fax 530.538.7785 dsplanning@buttecounty.net
PROJECT INFORMATION FORM Project # (Staff Use Only)
APPLICANT’S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR’S PARCEL NUMBER: - - ADDRESS: STREET, CITY, STATE, & ZIP CODE TELEPHONE:
( ) -
E-MAIL:FAX:
( ) -
FISCAL CONTACT: (the party that will handle permit fees, invoices and other financial concerns for this application)
ADDRESS: STREET, CITY, STATE, & ZIP CODE TELEPHONE:
( ) -
E-MAIL:
OWNER’S NAME: TELEPHONE:
( ) -
ADDRESS: STREET, CITY, STATE, & ZIP CODE:
PROPERTY INFORMATION
NAME OF PROPOSED PROJECT (if any) SITE SIZE (in square feet or acres)
LOCATION OF PROJECT (major cross streets and address, if any)
ZONE GENERAL PLAN EXISTING LAND USE PROPOSED LAND USE
EXISTING STRUCTURES (square feet) PROPOSED STRUCTURES ( square feet) UNDER WILLIAMSON ACT CONTRACT Yes No
(Check One) PROPERTY IS OR PROPOSED TO BE SEWERED PROPERTY IS OR PROPOSED TO BE ON SEPTIC
(Check One) PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATERPROPERTY IS OR PROPOSED TO BE ON WELL WATER
APPLICATION TYPE (check all that apply) ADMINISTRATIVE PERMIT MINOR VARIANCE CERTIFICATE OF CORRECTION LEGAL LOT DETERMINATION VARIANCE REZONE CONDITIONAL USE PERMIT CERTIFICATE OF MERGER GENERAL PLAN AMENDMENT MINOR USE PERMIT TENTATIVE SUBDIVISION MAP MINING AND RECLAMATION PLAN COMMUNICATIONS FACILITY UP/MUP TENTATIVE PARCEL MAP DEVELOPMENT AGREEMENT LOT LINE ADJUSTMENT WAIVER OF PARCEL MAP OTHER __________________________
PROJECT DESCRIPTION
FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.)
I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND
ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.)
DATE: SIGNATURE:
Please contact Planning Division Staff with any questions.
OWNER CERTIFICATION
FORM NO
DPL-01
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PROJECT SETTING DESCRIPTION
INSTRUCTIONS
Applicant Name: _________________________Project Number: __________________
Please address the following in the space provided. Attach a separate sheet of paper, if
needed:
1.Identify any applicable proposed development schedule, including anticipated,
incremental, or phased development and all associate projects.
2.List and describe any other related permits and other public approvals required for
this project, including those required by city, regional, state and federal agencies.
3.Describe the site as it exists before the project, including information on
topography, soil stability, plants, animals, and any cultural, historical, or scenic aspects.
Describe any existing structures on the site and the use of the structures.
Butte County Department of Development Services PLANNING DIVISION
7 County Center Drive, Oroville, CA 95965
Planning Center Phone 530.552.3701 Fax 530.538.7785
dsplanning@buttecounty.net
FORM NO
DPL-04
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4.Describe the surrounding properties, including information on plants, animals and any
cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial,
etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.),
and scale of development (height, frontage, setback, rear yard, etc.).
5.Include any special studies prepared for the project site including, but not limited totraffic, biology, wetlands delineation, archaeology, etc.
Please contact Planning Division Staff with any questions.
Butte County Department of Development Services PLANNING DIVISION
7 County Center Drive, Oroville, CA 95965 Planning Center Phone 530.552.3701 Fax 530.538.7785 dsplanning@buttecounty.net
To Butte County, Department of Development Services:
( )
Print Name of Agent Phone Number
_______________________________________________________________________________________________________________________ Mailing Address Email Address
is hereby authorized to process this application on my/our property, identified as Butte County Assessors
Parcel Number(s)
This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents
necessary for said processing, including mitigation and conditions of approval, but not including documents(s)
relating to title interest.
Owner(s) of Record (sign and print name)
_________________________ _________________________
Print Name Print Name
_________________________ _________________________
Signature Signature
_________________________ _________________________
Print Name Print Name
_________________________ _________________________
Signature Signature
_____________________________________________ ___________________________________________ Print Name of Applicant (if other than owner) Signature of Applicant (if other than owner)
( ) Print Name of California Civil Engineer/Land Surveyor Phone Number
Mailing Address Email Address
Please contact Planning Division Staff with any questions.
AGENT AUTHORIZATION
FORM NO
DPL-02