HomeMy WebLinkAbout4118 1 Ordinance No. 4118
2 AN ORDINANCE AMENDING CHAPTER 20, ENTITLED "SUBDIVISIONS,"
3 OF THE BUTTE COUNTY CODE
4 The Board of Supervisors of the County of Butte ordains as follows:
5 Section 1. Section 20-133 is amended to read as follows:
6 20-133 Cul-de-sac streets.
7 (a) The maximum length of a cul-de-sac street, including all cul-de-sac streets
8 accessed from that cul-de-sac street, shall be in conformance with State Public
9 Resources Code section 4290, and California Code of Regulations, Title 14
10 Natural Resources, Division 1.5 Department of Forestry, Chapter 7 Fire
11 Protection, Subchapter 2 SRA Fire Safe Regulations, as amended and shall apply
12 to unincorporated areas throughout Butte County.
13 The maximum cul-de-sac street length shall depend upon the minimum parcel
14 size specified in the zone applicable to the parcels served by the cul-de-sac street
15 and shall not exceed the following cumulative lengths, regardless of the number
16 of parcels served:
17 (1) Parcels zoned for less than one (1) acre—eight hundred (800) feet;
18 (2) Parcels zoned for one (1) acre to 4.99 acres—one thousand three hundred
19 twenty (1,320) feet;
20 (3) Parcels zoned for five (5) acres to 19.99 acres—two thousand six hundred
21 forty (2,640) feet;
22 (4) Parcels zoned for twenty (20) acres or larger—five thousand two hundred
23 eighty (5,280) feet.
24 The cul-de-sac street length shall be measured from the property line of
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I the first parcel that has no access other than the cul-de-sac street and which is
2 nearest the intersection that begins the street to the end of the road surface at its
3 farthest point. Where a cul-de-sac street crosses areas of differing zoned parcel
4 sizes, requiring different Iength limits, the shortest allowable street length shall
5 apply.
6 (b) Where parcels are zoned five (5) acres or larger, standard turnarounds shall be
7 provided at a maximum of one thousand three hundred twenty (1,320) foot
8 intervals.
9 (c) Each cul-de-sac street shall have a standard turnaround constructed at its
10 terminus.
11 (d) Where the cul-de-sac street length already exceeds the maximum length allowed
12 above, then the parcel shall not be allowed to subdivide without providing
13 circulation with an approved access to reduce the cul-de-sac length to at or below
14 the length allowed under this section.
15 (e) Exceptions to the standards for cul-de-sac streets as defined in this section shall
16 only be granted when all the following circumstances apply shall only be granted as
17 follows:
18 (1) All of the following circumstances apply:
19 i) The exception has concurrence from the Butte County Fire
20 Department/CalFire, and measures have been incorporated into the
21 approval of the tentative map or parcel map to reduce fire hazard in
22 a manner that has the same practical effect as limiting the length of
23 a cul-de-sac street.
24 ii) This exception would apply only when the resulting parcels after
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1 subdivision are five (5) gross acres or more in size, or when
2 resulting parcels are similar in size and nature to surrounding
3 parcels.
4 iii) This exception may not be applied within the TPZ, TM or FR
5 zoning districts.
6 or
7 (2) All of the following circumstances apply:
8 i) The exception has concurrence from the Butte County Fire
9 Department/CalFire.
10 ii) If a parcel contains sufficient acreage to allow it to be divided, the
11 parcel may only be divided into two parcels.
12 iii) The zoning would allow the potential for a second dwelling, and
13 the parcel being divided is not already restricted to one dwelling.
14 iv) Each resultant parcel will be restricted to one dwelling until such
15 time as an approved secondary access is provided. No further
16 subdivision of the resultant properties shall be approved until
17 approved secondary access is provided.
18 v) Specific findings shall be made for determination of same
19 practical effect and the restriction limiting residential
20 development to one dwelling.
21 vi) A note shall be placed on the parcel map indicating that each
22 parcel is restricted to one dwelling, and a deed restriction limiting
23 each parcel to one dwelling shall be recorded concurrently with
24 the recordation of the parcel map. The deed restriction shall
1 include a covenant of restriction to run with the land which ,
2 specifies that a second dwelling unit cannot be placed on the
3 parcel due to safety concerns of reduced ingress and egress.
4 Section 2. Severability.
5 If any provision of this Ordinance or the application thereof to any person or circumstances is for
6 any reason held to be invalid by a court of competent jurisdiction, such provision shall be
7 deemed severable, and the invalidity thereof shall not affect the remaining provisions or other
8 I I applications of the Ordinance which can be given effect without the invalid provision or
9 application thereof
10 Section 3. Effective Date and Publication.
I 1 This Ordinance shall take effect thirty (30) days after the date of its passage. The Clerk of the
12 Board of Supervisors is authorized and directed, before the expiration of fifteen (15) days after
13 its passage, to publish this Ordinance once, with the names of the members of the Board of
14 Supervisors voting for and against it, in the Chico Enterprise Record, a newspaper published in
15 the County of Butte, State of California.
16 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
17 California, on the 9th day of August, 2016, by the following vote:
18 AYES: Supervisor Wahl, Kirk, Lambert, Teeter and Chair Connelly
NOES: None
19 ABSENT: None
NOT VOTING: None ,.
20 e
------ BILL CONNELLY, hair
21 Butte County Board of Supervisors
22 Paul C
Hahn hi ,. i inistrative Officer
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And Clerk o the. (lard ,
23 ...... 1
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