Butte County Municipal Code § 20-69 Final map

(a) A tentative and final map shall be required for all subdivisions creating five (5) or more parcels, five (5) or more condominiums as defined in section 783 of the Civil Code, or a community apartment project containing five (5) or more parcels, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in section 11003.2 of the Business and Professions Code, except where:

(1) The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required; or

(2) Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway; or

(3) The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the board of supervisors as to street alignments and widths; or

(4) Each parcel created by the division has a gross area of forty (40) acres or more, or each of which is a quarter-quarter section or larger.

(b) A preliminary map may be filed by the subdivider for consideration by the advisory agency prior to filing a tentative subdivision map. Such preliminary map may be considered without reference to any procedural requirements of this chapter. No formal action shall be taken and no binding assurances shall be given as to future action in the event a formal application is submitted.

(Ord. No. 3188, § l(Exh. A), 3-14-95)

Every subdivider, or the subdivider's designated agent, shall file an application with the department of development services. The submitted material shall conform to the submittal requirements as established by the directors of development services, public works and environmental health, including, but not limited to, submission of the following information: The purpose of the subdivision, ownership, dimensions, subdivision design, improvements, existing structures, public facilities, environmental features, topography and grading.

(Ord. No. 3188, § l(Exh. A), 3-14-95; Ord. No. 3273, § 4, 6-25-96)

At the time of filing a tentative map for a subdivision to be created from the conversion of a mobile home park to another use, the subdivider shall also file a report on the impact of the conversion upon the displaced residents of the mobile home park to be converted. In determining the impact of the conversion on displaced mobile home park residents, the report shall address the availability of adequate replacement space in mobile home parks.

The subdivider shall make a copy of the report available to each resident of the mobile home park at least fifteen (15) days prior to the hearing on the map by the advisory agency.

The advisory agency shall take steps to:

(1) Mitigate any significant adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park by zoning for additional replacement housing.

(2) Find that there already exists land zoned for replacement housing or adequate space in other mobile home parks for those residents who will be displaced.

(3) Require the subdivider to take steps to initiate any significant adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park; or

(4) Make a finding, based upon substantial evidence, that mitigation pursuant to subparagraphs (1) and (3) is not feasible. Such finding shall be reviewable pursuant to section 1094.5 of the Code of Civil Procedure. As used herein, "feasible" shall mean capable of being accomplished m a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The requirements for filing a tentative map shall be fixed as the date when:

(1) All maps and information required by this chapter have been filed, checked, and accepted as complete by the director of development services; and

(2) The required fees have been paid.

If any required data are missing, the director of development services shall notify the subdivider or his agent within thirty (30) calendar days of acceptance of the application, in which case no filing shall be accepted until all necessary data is received.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The director of development services shall prepare a written report to the advisory agency on a tentative subdivision map.

(1) This report shall consider the relationship of the map to the Subdivision Map Act, to this article, the zoning code, other county ordinances, the general plan, specific plans and community plans, and the California Environmental Quality Act.

(2) The director of development services shall mail a copy of his report to the subdivider or his agent or deliver in person at least five (5) days prior to any hearing or action on the map.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

A public hearing shall be held by the advisory agency on all tentative maps.

(1) At the public hearing, the advisory agency shall review the submitted tentative subdivision map, the report of the director of development services, the recommendations of any governmental agencies which are available, the environmental review documents, and comments and responses of the subdivider and of other interested parties.

(2) In making its determination to approve or disapprove the maps, the advisory agency shall:

a. Determine whether the design and improvements shown on the map conform to the requirements of the Subdivision Map Act, this article of the Butte County Code, county ordinances, improvement standards set forth by resolution of the board of supervisors, the general plan, specific plans of the county and adopted community plans.

b. Determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in violations of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to division 7 (commencing with section 13000) of the Water Code.

c. Determine whether the proposed subdivision is a land project as defined in Section 11000.5 of the Business and Professions Code; and if the project is determined to be a large project:

1. If a Specific Plan or Community Plan for the area has been adopted, the advisory agency shall determine whether the proposed design and improvement of the subdivision is consistent with such plan.

2. The advisory agency shall consider the response of the State office of Intergovernmental Management now known as the Office of Permit Assistance, if received.

d. Make any determinations or certifications as may be appropriate for the application pursuant to the California Environmental Quality Act.

(3) Within five (5) working days after the advisory agency has acted on the map, the director of development services shall report the action in writing to the subdivider or person filing the tentative map, indicating any conditions of approval and including a copy of the approved tentative map, which decision shall be final unless appealed to the board of supervisors pursuant to section 20-66. A copy of the letter and map shall be retained in the files of the advisory agency for at least four (4) years, after which the letter and map may be destroyed.

(4) In the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, any report or recommendation on a tentative map by staff to the advisory agency shall be in writing and a copy thereof served on the subdivider, and on each tenant of the subject property at least three (3) days prior to any hearing or action on such map by the advisory agency.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

(a) The advisory agency shall disapprove an application for a tentative map if it finds that the application is not consistent with the general plan.

(b) The advisory agency shall disapprove a tentative map if it determines:

(1) That the proposed subdivision is inconsistent with specific plans or with board adopted community plans.

(2) That the design or improvement of the subdivision is not consistent with applicable general and specific plans, or community plans.

(3) That the site is not physically suitable for the type of development.

(4) That the site is not physically suitable for the proposed density of development.

(5) That the design of the land division or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

(6) That the design of the subdivision or the type of improvement is likely to cause serious public health problems.

(7) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the advisory agency may approve an application if it finds that alternate easements, for access or for use, will be provided and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgement of a court of competent jurisdiction.

(8) That the proposed subdivision violates the provisions of this article and no exception has been granted.

(9) That the proposed subdivision violates any applicable provisions of the zoning code and no variance has been granted.

(10) The proposed division would enlarge, expand or extend a nonconforming use of the land under the zoning code of Butte County; or

(11) The proposed division would be in violation of any other county ordinance, or any County Code provision; or

(12) The discharge of waste from the proposed division into septic system or community sewer system would result in violation of existing requirements prescribed by the Central Valley Regional Water Quality Control Board pursuant to division 7 (commencing with section 13000) of the Water Code.

(c) Notwithstanding the above, paragraphs (a) and (b)(1) through (b)(7) are not applicable to the conversion of existing buildings into condominium projects unless new units are to be constructed or added.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

(a) Any interested person may appeal to the board of supervisors any finding, action or condition imposed by the advisory agency by filing a notice of appeal with the clerk of the board of supervisors no later than 4:00 p.m. on the tenth calendar day following the action of the advisory agency. If the tenth day falls on a weekend or a legal holiday; the appeal may be filed on the next day on which the clerk's office is open for business. The notice of appeal must be accompanied by the appeal fee specified in the Butte County Master Fee Schedule.

(b) The clerk of the board of supervisors shall immediately forward a copy of the appeal to the director of development services. The clerk shall set the matter for a public hearing to be commenced within the time specified in Government Code Section 66452.5.

(c) In acting upon such appeal, the board of supervisors may sustain, modify, reject, or overrule any ruling of the advisory agency and shall make findings consistent with county ordinances or the Subdivision Map Act.

(Ord. No. 3188, § 1(Exh. A), 3-14-95; Ord. No. 3273, § 5, 6-25-96; Ord. No. 3950, § 1, 1-9-07; Ord. No. 4052, § 5, 3-12-13; Ord. No. 4255, § 2, 11-12-24)

(a) The approval or conditional approval of a tentative subdivision map shall be valid for twenty-four (24) months, within which time the final map may be presented to the board of supervisors for acceptance and recordation. The twenty-four-month period shall not include any time during which a water or sewer moratorium, imposed after approval of the tentative map, is in existence, provided the length of such moratorium does not exceed five (5) years.

(b) Once such a moratorium is terminated, the map shall be valid for the same period of time that was left to run on the map at the time the moratorium was imposed; provided, however, that if such remaining time is less than one hundred twenty (120) days, the map shall be valid for one hundred twenty (120) days following the termination of the moratorium.

(c) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings, and no final map of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map.

(d) If a decision by the advisory agency is appealed to the board of supervisors within ten (10) days of the advisory agency action, the time limit to file the final map shall commence from the date of the board of supervisors' action on the appeal.

(e) If a decision by the advisory agency is appealed to the board of supervisors after the ten-day appeal period as permitted in section 20-66(c), the time limit to file the final map shall commence from the date of advisory agency action.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

(a) The period of time specified in section 20-67 shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of the tentative map if a stay of such time period is approved by the board of supervisors. Within ten (10) days of the service of the initial petition or complaint in such lawsuit upon the county, the subdivider may apply to the board of supervisors for such stay of time. Within forty (40) days after receiving the application from the subdivider, the board of supervisors shall either stay the time period specified in section 20-67 or deny the request for stay of time. The board of supervisors may stay the time period specified in section 20-67 for five (5) years or until the lawsuit is resolved, whichever occurs first.

(b) This section may be applied to tentative maps approved or conditionally approved prior to the effective date of this section if the subdivider makes application for a stay to the board of supervisors within sixty (60) days after the effective date of this section.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

If an application for extension of time is made prior to expiration of the approved or conditionally approved map, the zoning administrator, based on good cause, may extend the approval for an additional period or periods beyond expiration of the initial period set forth herein in section 20-67(a), provided the total extension of time does not exceed the total time set forth pursuant to Government Code Section 66452.6(e), as amended.

(a) An application for extension of time shall be reviewed by the zoning administrator, who will determine whether the map presently conforms to the requirements of a tentative subdivision map.

(1) The zoning administrator may approve an extension of time, approve with conditions, which cause the map to conform to present requirements, or disapprove.

(2) The decision of the zoning administrator to disapprove an extension of time may be appealed to the advisory agency within fifteen (15) days of the zoning administrator's action.

(3) In the event that an approved tentative map is revised and subsequently approved by the zoning administrator or the advisory agency, the most recently approved tentative map shall constitute the only recognized tentative map for further action in consideration of filing of the map.

(b) Notwithstanding the above an application for extension of time involving an addition to, or a modification or deletion of, the conditions of approval or involving a controversial matter will be heard by the advisory agency.

(Ord. No. 3188, § 1(Exh. A), 3-14-95; Ord. No. 3429, § 1, 5-26-98; Ord. No. 4016, §§ 1, 2, 3-16-10; Ord. No. 4052, § 6, 3-12-13)

At any time before the expiration of an approved tentative subdivision map the subdivider may cause the subdivision or a local part thereof to be accurately surveyed and a final map prepared and presented to the board of supervisors for approval, provided:

(1) That the location of a designated "remainder" parcel has been indicated on the map which need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of such remainder, if such remainder has a gross area of five (5) acres or more;

(2) That the required fees have been paid;

(3) The subdivider has complied with the soils report requirement of this chapter;

(4) A preliminary title report has been submitted to the director of public works;

(5) The subdivider has complied with the subdivision improvement agreement and bonding requirements adopted by the board of supervisors. If the subdivider desires to submit security in lieu of a bond, such security shall be submitted to the director of public works for approval not later than two (2) weeks prior to submission of the final subdivision map;

(6) The subdivider has complied with the requirements of the tentative map;

(7) Each of the tenants of a proposed condominium, community apartment house project or stock cooperative project has been or will be given one hundred eighty (180) days written notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including but not limited to the provisions of service, payment of rent or the obligations imposed by sections 1941, 1941.1 and 1941.2 of the Civil Code;

(8) Each of the tenants of a proposed condominium, community apartment house project or stock cooperative project has been or will be given notice of an exclusive right to contract for the purpose of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety (90) days from the date of issuance of the subdivision public report pursuant to section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his intention not to exercise the rights;

(9) Each of the tenants of a proposed condominium, community apartment project or stock cooperative has received written notification of intention to convert at least sixty (60) days prior to filing a tentative map. Further, each such tenant and each person applying for the rental of unit in such residential real property has or will have received all applicable notices and rights now or hereafter required by chapter 2 and chapter 3 of the Subdivision Map Act. Further, each tenant has received ten (10) days' written notification that an application for a public report will be or has been submitted to the department of real estate and that such report will be available on request;

(10) Each of the tenants of a proposed condominium, community apartment project or stock cooperative project has been or will be given written notification within ten (10) days of approval of a final map for the proposed conversion;

(11) Only such additional information, conditions of approval or comments which affect record title interest shall be placed on the final map. Any additional information, conditions of approval or comments, which do not affect record title interest, shall be in the form of a separate document an additional map sheet which shall indicate its relationship to the final map and shall contain a statement that the additional information, conditions of approval or comments are for informational purposes only and are not intended to affect record title interest. Additional information may include but is not limited to: Building setback lines, flood hazard zones, seismic lines and setbacks, leach field free areas and usable sewage disposal areas. If a separate document or additional map sheet is required, the department of public works shall determine whether a separate document or additional map sheet will be filed with the final map.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

A certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final map, is required, except as follows:

(1) Neither a lien for state, county, municipal or local taxes, nor for special assessments, nor a trust interest under bond indentures, nor mechanics' liens constitute a record title interest in land for the purpose of this chapter or local ordinance.

(2) The signature of either the holder of beneficial interests under trust deeds or the trustee under such trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map.

(3) Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the final map:

a. Rights-of-way, easements or other interest which cannot ripen into a fee, except those owned by a public entity or public utility or a subsidiary of a public utility for conveyance to such public utility for rights-of-way. If, however, the board of supervisors determines that division and development of the property in the manner set forth on the approved or conditionally approved tentative map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement, the signature of such public entity or public utility may be omitted. Where such determination is made, the subdivider shall send, by certified mail, a sketch of the proposed final map, together with a copy of this section, to any public entity or public utility which has previously acquired a right-of-way or easement.

If the public entity or utility objects to either (i) recording the final map without its signature; or (ii) the determination of the board of supervisors that the division and development of the property will not unreasonably interfere with the full and complete exercise of its right-of-way or easement, it shall so notify the subdivider and the board of supervisors within thirty (30) days after receipt of the materials from the subdivider. If the public entity or utility objects to recording the final map without its signature, the public entity or utility so objecting may affix its signature to the final map within thirty (30) days of filing its objection with the board of supervisors.

If the public entity or utility either (i) does not file an objection with the advisory agency; or (ii) fails to affix its signature within thirty (30) days of filing its objection to recording the map without its signature, the county may record the final map without such signature.

If the public entity or utility files an objection to the determination of the board of supervisors that the division and development of the property will not unreasonably interfere with the exercise of its right-of-way or easement, the board of supervisors shall set the matter for public hearing to be held not less than ten (10) nor more than thirty (30) days of receipt of the objection. At such hearing, the public entity or public utility shall present evidence in support of its position that the division and development of the property will unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement.

If the board of supervisors finds, following such hearing, that the development and division will in fact unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, it shall set forth those conditions whereby such unreasonable interference will be eliminated and upon compliance with such conditions by the subdivider, the final map may be recorded with or without the signature of the objector. If the board of supervisors finds that the development and division will in fact not unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, the final map may be recorded without the signature of the objector, notwithstanding its objections thereto.

Failure of the public entity or public utility to file an objection pursuant to this section shall in no way affect its rights under a right-of-way easement.

b. Rights-of-way, easements or reversions which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map.

c. Interests in or rights to minerals, including, but not limited to oil, gas, or other hydrocarbon substances.

(4) Real property originally patented by the United States or by the state, which original patent reserved interest to either or both of such entities, may be included in the final map without the consent of the United States or the state thereto or to dedications made thereon.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Upon approval of the final subdivision map, the clerk of the board of supervisors shall transmit the approved final map to the county recorder for recording in the records of the county.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

In addition to all other fees and charges required by law, upon submitting the final map under the provisions of this chapter and the Subdivision Map Act, the subdivider shall pay to the county a map checking fee in accordance with the fee schedule set forth by resolution of the Butte County board of supervisors.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Soil reports shall be provided as follows:

(1) Preliminary soil report. Prior to the submission of a tentative map for advisory agency approval, the subdivider shall file a preliminary soil report with the department of development services. The report shall be prepared by a civil engineer who is registered by the state, based upon adequate test boring or excavations in the subdivision. The preliminary soil report may be waived by the director of public works if it is determined that, due to the knowledge of such department as to the soil qualities of the subdivision, no preliminary analysis is necessary. The determination shall be in writing and be made part of the data accompanying the final map.

(2) Soil investigation. If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision shall be prepared by a civil engineer who is registered by the state. The soil investigation shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. The report shall be filed with the department of development services.

(3) Approval of soil investigation. The department of public works shall approve the soil investigation if it determines that the recommended corrective action is likely to prevent structural damage to each dwelling to be constructed on each lot in the subdivision. Appeal from such determination shall be to the board of supervisors. Subsequent building permits shall be conditioned upon the incorporation of the approved recommended corrective action in the construction of each dwelling.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The security furnished by the subdivider may be released in whole or in part by the director of public works pursuant to section 66499.7 of the Government Code.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

When the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing by the contractor of the faithful performance and labor and material bonds required by the special assessment act being used, the improvement security of the subdivider may be reduced by an amount corresponding to the amount of such bonds so furnished by the contractor, upon the approval of the director of public works.

(Ord. No. 3188, § 1(Exh. A), 3-14.95)

Park dedication requirements shall apply to all residential subdivisions for which a tentative subdivision map is required, which are divided into lots averaging two (2) acres or less. (See section 20-6.5)

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Land dedication for local park or recreational facilities shall conform to the County's recreation element of the General Plan and to subsequent revisions of the General Plan. (See section 20-6.5)

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

At the time of filing a tentative subdivision map for approval, the subdivider of the property shall, as a part of such filing, indicate whether he desires to dedicate property for park or recreation purposes, or whether he desires to pay a fee in lieu thereof or a combination of dedication and in-lieu fees. If he desires to dedicate land for this purpose, he shall designate the area thereof on the tentative subdivision map as submitted.

In order to facilitate decisions regarding dedication of land for local parks, the subdivider shall furnish with the required tentative map of the subdivision, a tabulation of the areas showing the number and type of dwelling units in each area. The tabulation may be waived by the director of development services if in his judgement feels the information is not necessary. (See section 20-6.5)

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

At the time of tentative map approval by the advisory agency, after consultation with the appropriate director of parks and recreation, the advisory agency shall determine as a part of such approval whether to recommend dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both. In making this determination, the advisory agency shall include in its consideration the 'following factors:

(1) That lands offered for dedication will substantially comply with the recreation element of the general plan.

(2) The topography, soils, access and location of land in the subdivision available for dedication.

(3) The size and shape of the subdivision and land available for dedication.

(4) How much land consisting of school playgrounds is available for combination with dedicated lands in the formation of local park and recreation facilities; and

(5) The open space or local recreation facilities to be privately owned and maintained by future residents of the subdivision.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

In subdivisions having fifty (50) lots or more, the subdivider or owner shall dedicate such land for local parks as is acceptable to the county board of supervisors, or pay in-lieu fees according to the following formula in which:

"Dwelling unit" means one (1) or more rooms in a building or structure or portion thereof designed exclusively for residential occupancy by one (1) family for living or sleeping purposes and having kitchen and bath facilities, including mobile homes.

"Multiple-family area" means an area of land used for or proposed for residential occupancy in buildings or structures designed for two (2) or more families for living or sleeping purposes and having kitchen and bath facilities for each family, including two-family, group and row dwelling units, and apartments. It also includes an area of land used for or proposed for mobile homes.

"Single-family area" means an area of land used for or proposed for detached buildings designed for occupancy by one (1) family.

D1 = Number of dwelling units in a single-family area.

Dm = Number of dwelling units in a multiple-family area.

A1 = Amount of land required for dedication in acres in the single-family area.

Am = Amount of land required for dedication in acres in the multiple-family area.

(1) Single-family areas formula: D1 x 0.008 = Al

(2) Multiple-family areas formula: Dm x 0.005 = Am

The factors 0.008 and 0.005 are constants determined from an analysis of population trends and studies, which when multiplied by the number of dwelling units permitted in the subject area will produce two (2) to two and one-half (2 ½) acres per one thousand (1,000) population as set forth in the local recreational space element of the general plan which should be devoted to neighborhood park facilities. In multiple-family areas, the number of dwelling units used shall be calculated from the maximum density permitted in the proposed zone as determined from the zoning code of Butte County as amended unless the subdivider enters into an agreement with the county for a lower density. In the event the amount of land calculated to be dedicated in acres pursuant to the above formula is less than one (1) acre of continuous, usable and accessible area, excluding therefrom right-of-way for drainage, streets, or other purposes, a fee in lieu of said dedication shall be paid. (See section 20-6.5)

(Ord. No. 3188, § l(Exh. A), 3-14-95)

In a subdivision having less than fifty (50) lots, or where the subdivision has fifty (50) lots or more, but the land for local parks or recreational purposes cannot be located within the subdivision in accordance with the recreation element of the general plan or subsequent revisions to the general plan or where other more suitable land is available as determined by the advisory agency upon advice of the appropriate director of parks and recreation, the subdivider or owner shall pay to the county, for use in supplying local park or recreational facilities within one (1) mile of all lots in the subdivision, a sum calculated pursuant to the following formula, in which:

A = Amount of land in acres that would be required with the application of formulas in (1) and (2) in section 20-78.

V = Full cash value per acre of the property to be subdivided as determined by the latest equalized assessment roll.

M = Number of dollars to be paid as the in-lieu fee.

In-lieu fee formula: A x V = M

(See section 20-6.5)

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Nothing in this chapter shall prohibit the declaration of land for park and recreational purposes for residential subdivisions of less than fifty (50) lots, provided the subdivider and the advisory agency determine that dedication of land is desirable and the land meets the tests prescribed in section 20-78. (See section 20-6.5)

(Ord. No. 3188, § l(Exh. A), 3-14-95)

(a) The board of supervisors may grant credit for privately owned and maintained open space or local recreation facilities, or both, in planned unit developments adopted pursuant to the zoning code of Butte County, or mobile home parks as defined in the zoning code of Butte County. Such credit if granted in acres or comparable in-lieu fee shall be subtracted from the dedication and/or fees.

(1) Yards, court areas, setbacks, and other open space areas required to be maintained by this article and other regulations shall not be included in private open space and local recreation credit.

(2) Provision is made by written agreement, recorded covenants running with the land, or other contractual instrument that the areas shall be adequately maintained.

(3) The use of private open space or recreation facilities is limited to park and local recreational purposes and shall not be changed to another use without the express written consent of the board of supervisors of the county.

(b) Land or facilities or both which may qualify for credit towards the land dedication or in-lieu fee, or both, will generally include the following types of open space or local recreational facilities:

(1) Open spaces, which are generally defined as parks and parkway areas, ornamental parks, extensive areas with tree coverage, low lands along streams or areas of rough terrain when such areas are extensive and have natural features worthy of scenic preservation, golf courses or open areas on the site in excess of twenty thousand (20,000) square feet.

(2) Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts or similar hard-surfaced areas especially designed and exclusively used for court games.

(3) Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, or both, including decks, lawn areas, bathhouses, or other facilities developed and used exclusively for swimming and diving.

(4) Recreational buildings, designed and used for the recreational needs of the residents of the development.

(5) Special areas, which are generally defined as areas of scenic or natural beauty; historic sites, hiking, riding, or motorless bicycle trails, including pedestrian walkways separated from public roads, planting strips, lake site or river beaches, improved access or right-of-way in excess of requirements, and other similar type open space or recreational facilities which in the sole judgment of the board of supervisors qualifies for credit.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The categories for credit for private open space and facilities described shall be given equal weight, each category not to exceed twenty (20) percent of the total which may be granted by the board of supervisors. The board may, however, upon petition of the subdivider, grant additional credit for each of the above categories if there is substantial evidence that:

(1) The open space or recreational facility is superior in aesthetic quality, arrangement and design; or

(2) The open space or recreational facility is clearly proportionately greater in amount or size than required by this article or usually provided in other similar types of development; or

(3) The open space or recreational facility is situated so as to complement open space or local recreation facilities in other private or public developments; provided, however, the maximum credit which may be given for privately owned and maintained open space and recreational facilities shall not exceed seventy-five (75) percent of the amount of land required for dedication, fee to be paid in lieu thereof, or combination thereof as computed by sections 20-78 through 20-82. (See section 20-65.5)

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Dedicated land and fees are to be used for the purpose of providing local park or recreation facilities to serve residents of the subject subdivision. If the general plan of the county calls for a larger park or recreational development within one (1) mile of all residents of the neighborhood containing the subdivision, the lands or fees may be applied to local park or recreational facilities within the larger recreation area. (See section. 20-6.5)

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

All land offered for dedication to local park or recreational purposes shall have access on at least one (1) existing or proposed public street. This requirement may be waived by the board of supervisors if the advisory agency and the board of supervisors determine that public street access is unnecessary for the maintenance of the park area or use thereof by the residents. (See section 20-6.5)

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The board of supervisors, the subdivider and any special district or association shall at the time of approval of the final subdivision map, agree upon a time for commencement of development of the local park or recreational facilities. In general, the time for development of the neighborhood park, and the proportion of the park to be improved, should be related to the anticipated time for completion of a substantial portion of the residential units to be constructed in the neighborhood; however, when land is dedicated in, or adjacent to, a subdivision, then development of the dedicated park site will commence not more than eighteen (18) months following completion of the street improvements in the subdivision, providing construction of at least fifty (50) percent of the residential units in the subdivision is completed at that time, and, if not, then within ninety (90) days after construction if fifty (50) percent of the residential units in the subdivision has been completed. On just cause shown, by mutual agreement, the subdivider, special district or association, owner and the board of supervisors may amend the agreed upon time schedule for the development of the park or recreation facilities. (See section 20-6.5)

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Lands dedicated or fees paid shall be administered by the appropriate parks and recreation district. The board of supervisors may delegate the responsibility for providing local park or recreational facilities to a special district or association. (See section 20-6.5)

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

In the event that an association assumes responsibility for construction of local park or recreational facilities, a surety bond to be approved by the board of supervisors shall be furnished by the association in an amount equal to the cost estimate approved by the director of the appropriate parks and recreation district and by its terms to inure to the benefit of that district for land acquisition purposes or the cost of first-stage park improvements or both. In lieu of the performance bond, a cash deposit or instrument of credit shall be made with the county or with an escrow depository as provided in the Subdivision Map Act. The surety shall be fully released by the county upon completion of the proper land acquisition for parks or completion of first-stage park development approved by the director of the appropriate parks and recreation district. (See section 20-6.5)

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

If a special district or other political subdivision assumes responsibility for providing a particular local park and recreation facility, title to the park lands dedicated for the local park and recreation facility shall be conveyed to that district or other political subdivision. All in-lieu fees paid for use in connection with that particular local park and recreation facility shall be deposited with the Butte County auditor in the name of the district or other political subdivision and shall be withdrawn only upon the order and direction of the governing body thereof. Land and fees shall be used exclusively for the acquisition of the particular local park and recreation facility. (See section 20-6.5)

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

If, during the ensuing time between dedication of land for park purposes and the commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as a gift of park land or change in school location) by mutual agreement of the subdivider or owner and the board of supervisors the dedicated land may be sold upon the approval of the board of supervisors with the resultant funds being used for the purchase or development of a more suitable site. If the agency responsible for development fails to fulfill terms of the provisions of this chapter relating to park development, the board of supervisors may return the funds or lands to the subdivider or owner. (See section 20-6.5)

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

(a) Requirements. As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one (1) or more subdivisions located in one (1) or more school districts shall dedicate to the school district or districts, within which the subdivisions are to be located, such lands as requested by the affected school districts deemed to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate school service. In no case shall there be an amount of land required for dedication which would make development of the remaining land held by the subdivider economically unfeasible or which would exceed the amount of land ordinarily allowed under the procedures of the state allocation board.

(b) Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty (30) days after the requirement of dedication is imposed by the advisory agency or the board of supervisors the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the subdivision.

(c) Payments to subdivider for school site dedication. The school district shall, if it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

(1) The cost of any improvement to the dedicated land since acquisition by the subdivider.

(2) The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication.

(3) Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

(d) Exceptions. The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative maps.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

(a) After a final map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map:

(1) To correct an error in any course or distance shown thereon.

(2) To correct an error in the description of the real property shown on the map.

(3) To show any course or distance that was omitted therefrom.

(4) To indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments.

(5) To show the property location or character of any monument which has been changed in location or character originally shown at the wrong location or incorrectly as to its character.

(6) To correct any other type of map error or omission as approved by the county surveyor which does not affect any property right. Such errors and omissions may include; but are not limited to, lot numbers; acreage, street names and identification of adjacent record maps.

(7) To make amendments reflecting changes in circumstances if the advisory agency, at a public hearing, finds that: There are changes in circumstances which make any or all of the conditions or mitigations of such a map no longer appropriate or necessary; the amendments do not impose any additional burden on the present fee owner of the property; the amendments do not alter any right, title or interest in the real property reflected on the recorded map; and the advisory agency finds that the amendment conforms to the provisions of section 20-65 of this chapter.

As used in this section, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.

(b) The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. The amending map shall conform to the requirements of a final map. The amending map or certificate of correction shall set forth in detail the amendments or corrections made and show the names of the present fee owners of the property affected by the amendment or correction.

(c) No amending map or certificate of correction shall be required to reflect amendments of the types specified below. In such instances the property owner need not file a formal application and need not pay any fees but may simply submit documentation of the amendment to the county department with jurisdiction.

(1) The deletion or amendment of conditions as the result of changes in state law or county ordinances or resolutions, if such changes are confirmed in writing by the county counsel.

(2) The alteration of homesite locations specified to mitigate impacts on migratory deer herds, if such alteration has been approved in writing by the state department of fish and game.

(3) The elimination of the requirement for installation of an automatic fire suppression sprinkler system in a residential structure. This subsection (3) shall be applicable only if a pressurized community water system with hydrants serves the lot or parcel and has been approved in writing by the fire protection agency which has jurisdiction.

(d) An application to amend a recorded map by an amending map shall be filed and processed in the same manner as specified in this chapter for applications for subdivision maps or parcel maps, as applicable.

(e) An application to amend a recorded map by a certificate of correction shall be filed with the advisory agency. The form and content of the application shall be specified by the advisory agency.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)