20-121.1 - Designated building setbacks.
20-122 - Lot shapes and configurations.
20-123 - Double frontage lots.
20-124 - Access to public resources.
20-126 - Highway and major arterial dedication.
20-127 - Street pattern design.
20-129 - Grant of access control—Along thoroughfares.
20-132 - Provision for future extension.
20-136 - Private easement as approved access.
20-138 - Street intersection offset.
20-139 - Street intersection alignment.
20-143 - Widths along streets and side lot lines.
20-145 - Public improvements (reserved).
20-146 - Installation of improvements.
20-147 - Contiguous improvements.
20-148 - Dedication of improvements.
20-149 - Improvement agreement.
20-150 - Reimbursement agreement.
20-151 - Drainage and sewer district fees.
20-153 - Providing water, sewer and public utilities.
20-156 - Offstreet parking requirements.
To ensure that proposed subdivisions are developed in the best interest of the people of Butte County, land subdivided under the provisions of this chapter shall conform to the design standards of this chapter and to any standards and specifications for construction and materials adopted by resolution of the board of supervisors. Subdivisions shall be reviewed for proper grading and erosion control, including the prevention of sedimentation or damage to off-site property.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
The minimum area of lots created by subdivision shall be specified in the zoning regulations applicable to the property in question; provided, however, that when individual sewage disposal systems are proposed, the minimum area of lots shall be as specified in said zoning regulations or as determined by the requirements of appendix VII of the resolution establishing standards pursuant to this chapter, as amended, whichever is the larger. Lot area for all parcels of less than one (1) acre shall be computed exclusive of that area lying within access easements or public roads.
Notwithstanding anything to the contrary in this chapter, the area of lots shall be of sufficient size to comply with the density requirements of the Butte County General Plan.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
Minimum frontage requirements are as specified in the applicable provisions of the zoning code.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-121.1 - Designated building setbacks.
The advisory agency may require designation of no-building areas or of building setbacks more restrictive than those otherwise required by this Code, where:
(1)
Lots front on a cul-de-sac turnaround or other street with a right-of-way or easement more than sixty (60) feet in width; or
(2)
Portions of lots are not suitable for structural development because of steep slopes, unstable soil, geologic and seismic hazards, high water levels, flooding potential, natural fire hazard, existing development or objectionable noise, odor or smoke; or
(3)
Structural development would damage or destroy water resources, historical and archaeological sites, rare plant and animal habitats, unique geologic features or similar environmental resources; or
(4)
Structural development would interfere with development and use of streets and highways, utility lines, public recreation facilities, government buildings or similar community facilities.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-122 - Lot shapes and configurations.
The depth of a lot shall not exceed three (3) times its width when the lot has a width of less than two hundred fifty (250) feet, except where one (1) or more of the following conditions apply:
(1)
The general plan designates the area for agricultural, recreational, commercial, industrial, public or other nonresidential use.
(2)
The full depth of the lot will not be buildable due to unusual topography such as the existence of steep slopes, floodplains and bodies of water.
(3)
The full depth of the lot will 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 community plan which provides for further divisions which will eliminate excessive depth-to-width ratios.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-123 - Double frontage lots.
Lots shall not have double frontage except where further subdivision is anticipated which would eliminate the double frontage condition.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-124 - Access to public resources.
All subdivisions adjacent to public natural resources, including any lake or reservoir owned in part or wholly by any public agency, shall be designed to provide reasonable public access to those resources as required by the Subdivision Map Act, chapter 4, article 3.5, Government Code section 66478.1 et seq.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
All subdivisions shall be designed so that the development of the subdivision complies with the requirements of the Butte County Code and any other code section, ordinance or resolution regulating grading, erosion of land, and sedimentation control in the county.
All subdivisions shall be designed so that existing trees shall be preserved according to the requirements of the department of development services. Street trees of an approved type shall be planted when required by the improvement standards as adopted by resolution of the Butte County board of supervisors.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-126 - Highway and major arterial dedication.
If any element of the general plan shows any highway or major arterial so located that any portion thereof lies within the proposed subdivision, such portion may be required to be dedicated and shown as a highway or part of a highway within such subdivision in the general plan.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-127 - Street pattern design.
The location, width, and alignment of streets shall conform to the general plan, specific plan and board-approved community plans and be arranged to produce the most advantageous development of the area in which the subdivision lies.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
Each parcel of land shall have an approved access.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-129 - Grant of access control—Along thoroughfares.
Where a subdivision abuts on thoroughfares or expressways, the developer shall be required to deed to the county a one-foot strip of property along his frontage abutting the thoroughfare or expressway, except in those instances where the advisory agency determines that some access is desirable.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
On minor and collector streets, the developer may be required to deed to the county a one-foot strip where lots are served by more than one (1) street.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
Alleys may be required at the rear of properties.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-132 - Provision for future extension.
Where a subdivision adjoins unsubdivided land, adequate or necessary street dedication in the subdivision shall ordinarily be extended to the adjacent unsubdivided land to provide access in the event of its future subdivision, and in a manner to provide the most advantageous development of the street pattern in the area.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
(a)
The maximum length of a cul-de-sac street, including all cul-de-sac streets accessed from that cul-de-sac street, shall depend upon the minimum parcel size specified in the zoning applicable to the parcels served by the street. The maximum street length shall not exceed the following cumulative lengths, regardless of the number of parcels served:
1.
Parcels zoned for less than one (1) acre—eight hundred (800) feet;
2.
Parcels zoned for one (1) acre to 4.99 acres—one thousand three hundred twenty (1,320) feet;
3.
Parcels zoned for five (5) acres to 19.99 acres—two thousand six hundred forty (2,640) feet;
4.
Parcels zoned for twenty (20) acres or larger—five thousand two hundred eighty (5,280) feet.
The cul-de-sac street length shall be measured from the property line of the first parcel that has no access other than the cul-de-sac street and which is nearest the intersection that begins the street to the end of the road surface at its farthest point. Where a cul-de-sac street crosses areas of differing zoned parcel sizes, requiring different length limits, the shortest allowable street length shall apply.
(b)
Where parcels are zoned five (5) acres or larger, standard turnarounds shall be provided at a maximum of one thousand three hundred twenty (1,320) foot intervals.
(c)
Each cul-de-sac street shall have a standard turnaround constructed at its terminus.
(d)
Where the cul-de-sac street length already exceeds the maximum length allowed above, then the parcel shall not be allowed to subdivide without providing circulation with an approved access to reduce the cul-de-sac length to at or below the length allowed under this section.
(Ord. No. 3988, § 2, 8-19-08)
* Editor's note—Former § 20-133 was repealed and replaced by Ord. No. 3988.
Normally a minimum sixty-foot street right-of-way shall be required. A minimum fifty-foot street right-of-way shall be permitted for local access streets, short through streets, or unusual situations where the cul-de-sac is appropriate, except as provided for in section 20-136. In an industrial area a minimum sixty-foot right-of-way is required.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-136 - Private easement as approved access.
The advisory agency may approve a building-free legal access easement as approved access for divisions of one (1) parcel into two (2) lots where the providing of approved access required by this chapter would prevent development of the proposed lot abutting the existing approved access to the property, or where existing development on the proposed lot abutting the existing approved access did not leave enough area to provide approved access to the other lot.
Such approval shall be subject to the following conditions:
(1)
The property shall, prior to division, be within an urban area as designated on appendix I of the design standards.
(2)
The easement shall serve only one (1) single-family dwelling.
(3)
A building-free turning area shall be provided on the lot or parcel served by the easement.
(4)
Maximum length of the easement shall be no more than two hundred (200) feet.
(5)
The minimum width of the easement shall be twenty (20) feet to be improved as follows:
a.
Sixteen (16) feet of gravel roadway with an SC-250 prime coat minimum.
b.
Four (4) feet reserved for utilities.
(6)
There shall be a building-free setback of ten (10) feet, measured from the edge of the easement, unless the zoning district in which the property lies requires a greater setback.
(7)
The parcel abutting the existing approved access shall have a frontage on the existing approved access of a minimum of seventy-five (75) feet.
(8)
Where possible, the easement shall be located adjacent to the existing driveways on neighboring parcels.
(9)
A statement shall be placed on the map indicating that the parcel to be served by the easement cannot be divided until an easement or right-of-way is provided, as set forth in section 20-134
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
The centerlines of streets which are the extensions of existing streets shall continue the centerlines of the existing streets, as far as practicable, either in the same direction or by adjustment curves.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-138 - Street intersection offset.
Streets entering upon opposite sides of any given street shall have their centerlines located directly opposite each other as far as practicable, or the centerlines located shall be offset at least one hundred twenty (120) feet for minor residential streets, and at least two hundred (200) feet for all other streets.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-139 - Street intersection alignment.
The centerlines of streets shall intersect one another as nearly at right angles as practicable and shall not be excessively curved.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
In subdivisions of two hundred (200) or more parcels or lots, the developer may be required to dedicate such additional land as is necessary to provide for bicycle paths for the use and safety of the residents of the subdivision. If required, bicycle paths shall have a minimum width of ten (10) feet and may be required:
(1)
To connect dead-end streets; or
(2)
To provide access to parks, schools, or similar facilities. Such access is to be dedicated to and maintained by the agency served.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
In subdivisions of fifty (50) or more parcels or lots, the developer may be required to dedicate such additional land as is necessary to provide for pedestrian ways for the use and safety of the residents of the subdivision. If required, pedestrian ways shall have a minimum width of ten (10) feet and may be required:
(1)
To connect dead-end streets; or
(2)
To provide access to parks, schools, or similar facilities. Such access is to be dedicated to and maintained by the agency served.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
Easements for storm drainage, sewers or other public utilities may be required. In the event that the subdivision is traversed by any watercourse, channel, lake, stream, or creek, the subdivider shall provide rights-of-way or easements for storm drainage purposes either conforming substantially with the lines of such watercourse, channel, lake, stream, or creek; or he shall provide necessary rights-of-way or easements for any changes in the channel. The width of the rights-of-way or easements shall be adequate to provide for the necessary maintenance of the channels and incidental structures.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-143 - Widths along streets and side lot lines.
Dedication or irrevocable offer of dedication of real property within the subdivision may be required for streets, alleys, including access rights and abutter rights, drainage, public utility easements and other public easements. However, where the subdivision creates fewer than five (5) parcels, such dedication shall be limited to right-of-way easements and the construction of reasonable off-site and on-site improvements for the parcels being created.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
Areas of real property within the subdivision shall be reserved for parks, recreational facilities, fire stations, libraries or other public uses, consistent with the general plan, specific plan, community plan, or provided:
(1)
The reserved area is of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner;
(2)
The amount of land reserved will not make development of the remaining land held by the subdivider economically unfeasible;
(3)
The reserved area shall conform to the general plan or an adopted specific plan or community plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. In such event, the subdivider shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-145 - Public improvements (reserved).
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-146 - Installation of improvements.
All required improvements shall be installed to permanent line and grade to the satisfaction of the director of public works.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-147 - Contiguous improvements.
When it is apparent that the construction of the improvements in a proposed subdivision will leave contiguous areas of substandard improvement, and which substandard improvement will create a condition detrimental to public safety, health, interest and convenience, then the advisory agency may recommend the simultaneous improvement of reasonably contiguous areas consistent with the purpose and intent of this chapter. When such a recommendation is made the board of supervisors shall make a specific finding that such improvements will be of public necessity and convenience if it imposes the requirements.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-148 - Dedication of improvements.
When circumstances dictate that in the public interest the improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity, or number for the benefit of property not within the subdivision, such improvements shall be dedicated to the public.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-149 - Improvement agreement.
In the event of the installation of improvements required by section 20-148, the local agency shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-150 - Reimbursement agreement.
In order to pay the costs as required by the reimbursement agreement, the county may:
(1)
Collect from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use;
(2)
Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefitted to reimburse itself for such cost, together with interest thereon, if any, paid to the subdivider;
(3)
Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefitted.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-151 - Drainage and sewer district fees.
Any local agency within a local drainage or sanitary sewer area may adopt the plan and requirements imposed by the county, and impose a reasonable charge on property within the area which, in the opinion of the county, is benefitted by such drainage or sanitary sewer facilities. The charge collected must be paid to the local agency or subdivider constructing such drainage or sanitary sewer facilities, and any local agency within the drainage or sanitary sewer area may enter into a reimbursement agreement with the subdivider.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
Street lighting shall be provided as set forth below and in the improvement standards:
(1)
A street lighting system shall be furnished in place by the subdivider along all interior and boundary streets within all subdivisions in accordance with the standards set forth in the improvement standards of the county, except that only electrical outlets for lighting would be required where not detrimental to health and safety.
(2)
The electroliers and all appurtenances thereto shall be located within the street right-of-way or within easements dedicated for such purpose, and the electroliers shall be spaced along the street as required for the type of electrolier placed in accordance with the improvement standards of the county.
(3)
For single-family residential subdivisions having an average lot street frontage of more than one hundred twenty-five (125) feet, but not more than two hundred (200) feet, the street lighting system need not be placed along the streets, but shall, as a minimum, be placed at all street intersections, culs-de-sac and at other locations as required by the director of public works.
(4)
For planned developments, residential, commercial or industrial developments where the internal streets are not offered for dedication, a street lighting system need not be installed on the internal nondedicated streets, but shall be provided by the developer on the external public street frontage.
(5)
Street lights are not required for single-family residential subdivisions with an average lot street frontage of more than two hundred (200) feet. In determining the average lot street frontage, lots not designed for single-family residential use shall not be considered.
(6)
Street lights may be required for subdivisions located within the mountain recreational area as shown in appendix I of the design standards.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-153 - Providing water, sewer and public utilities.
Water, sewage disposal, and public utilities shall be provided as set forth below:
(1)
The construction and maintenance of wells and septic tanks shall meet the applicable or ordinances of the county.
(2)
Where a public sewerage facility is available to the subdivision, but a public water system is not, the advisory agency may, upon recommendation of the director of environmental health, require installation of a public water system as a condition of approval of the tentative map.
(3)
All lots within a subdivision shall be provided with a public water system or approved for individual water supply systems as set forth in the design resolution.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
Fire protection devices shall be provided as provided below:
(1)
Fire hydrants, gated connections and appurtenances to provide adequate fire protection shall be furnished in place by the subdivider except a deposit may be required as an alternative. The amount and other provisions relating to said deposit shall be as provided in the design resolution.
(2)
The fire protection facilities shall be furnished in accordance with the standards of the fire district in which the subdivision is located, or the improvement standards of the county, whichever is greater.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)
20-156 - Offstreet parking requirements.
All lots shall be designed so as to meet the offstreet parking requirements of chapter 24 of this Code.
(Ord. No. 3188, § 1(Exh. A), 3-14-95)