HomeMy WebLinkAboutPublic Works Memo TPM19-0005 re ROW dedication Department of Public Works Dennis Schmidt, Director Radley Ott, Assistant Director 7 County Center Drive T: 530.538.7681 Oroville, California 95965 F: 530.538.7171
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MEMORANDUM
Date: January 9, 2020
To: Planning Commission
From: Department of Public Works, Eric Schroth, Associate Civil Engineer
Subject: Exception Request to COA # 8 – TPM19-0005, APN 039-260-037
The purpose of the memorandum is to respond to the applicant’s request to appeal the Zoning
Administrator’s approval of public works condition no. 8 for tentative parcel map (TPM) no. 19-0005.
INTRODUCTION
COA #8: Prior to recordation of the parcel map, deed to Butte County in fee simple 40 feet of right-of-way
from the physical centerline of Durham Dayton Highway along the entire property frontage. The right-of-way
shall be sufficient for the installation of county improvement standard S-5 at all street intersections.
ANALYSIS
The dedication is requested to provide for orderly development of lands in the unincorporated areas in the
County and to maintain traffic safety in conformance with published guidelines.
The long-term future road requirements for Durham-Dayton Highway are not known. At a minimum,
sufficient right-of-way width would be needed for a left turn pocket at the intersection of Dayton Road/Aguas
Frias Road. A right-of-way width of 80 feet has already been obtained west, north and south of the
intersection to facilitate future improvements, which may include widening, additional lanes and/or turn
pockets, bike lanes, etc. Obtaining 40 feet half-width right-of-way east of the intersection is consistent with
long-term orderly development in the area.
Fee simple dedication is requested so that the private property owner does not own roadway improvements
and does not share in its liability. Fee ownership also allows the County to control use of land within the right-
of-way boundary.
The American Association of State Highway and Transportation Officials Roadside Design Guide specifies clear-
zone distances. A clear-zone is the unobstructed, traversable area provided beyond the edge of the through
traveled way for the recovery of errant vehicles. The purpose of the clear-zone is to mitigate risk
characteristics typical of rural highway crashes which involve trees adjacent to the roadway. For adequate
safety, it is desirable to provide an unencumbered roadside recovery area that is as wide as practical. The
Design Guide suggests 22 to 24 feet minimum for a design speed of 55 miles per hour.
The current half-width of the through traveled way is 14 feet and the recommended clear-zone is 22 to 24
feet, which does not include the possibility of widening or installation of a left-turn pocket. The minimum
right-of-way width to provide for traffic safety is therefore 36 to 38 feet without consideration of possible
future improvements.
Butte County Code Section 20-126 specifies that any portion of any highway that lies within the proposed
subdivision may be required to be dedicated for public use. The Durham-Dayton Highway frontage of the
parcel is shown as a major road in the Butte County General Plan and is classified as a major collector per
California Road System maps published by Caltrans. The maps are used to determine functional classifications
which is used in determining Federal funding to maintain the roads. The Public Works Department used these
sources in its determination that 40 feet right-of-way width is required.
In order for the property referred to in the petition for exception to come within the provisions of Butte
County Code Section 20-4, the hearing body must find that all of the following facts apply with respect to the
subject property:
a. That there are special circumstances or conditions of topography or size or shape or location or
existing development affecting the property, which circumstances, conditions or development existed
at the time the application for the map was determined or deemed to be complete.
b. That the granting of the exception will not be detrimental to the public welfare or injurious to other
property in the territory in which the property is situated.
CONCLUSION
The Public Works Department does not find special circumstances or conditions of topography that warrant an
exception. The granting of the exception could increase risk of injury to the public if trees were to be planted
within a clear-zone created by a 40 feet half-width right-of-way.
END OF MEMO