Butte County Municipal Code § 20-50 Public roads

All words used in the singular include the plural, and the plural the singular; each gender includes the other; and any tense includes the other tenses unless the context requires otherwise. The word "shall" is mandatory and the word "may" is permissive. The word "includes" shall not limit a term to the specific examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Approved access" means right of vehicular travel, within a legal right-of-way that meets county standards, to a public street, with entry thereon, over a roadway that meets county design standards.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Advisory agency" means the Butte County Planning Commission charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority under this chapter to approve, conditionally approve or disapprove maps, including reversions to acreage by parcel map, excepting that in the event of subdivision of property pursuant to Government Code chapter 6.7, article 2, section 51119.5, division of and zoned as Timberland Production into parcels of less than one hundred sixty (160) acres, then in that event the board of supervisors is the advisory agency having the authority under this chapter to, with a four-fifths (⅘) vote, approve, conditionally approve or disapprove maps, including reversions to acreage by parcel map.

Notwithstanding any of the above, when a tentative map is submitted in conjunction with a planned unit development, the board of supervisors shall act as the advisory agency for purposes of action on the tentative map.

Whenever the board of supervisors acts as the advisory agency, sections 20-66 and 20-106 of chapter 20 of the Butte County Code shall be inapplicable.

(Ord. No. 3850, § 2, 4-22-03: Ord. No. 3188, § l(Exh. A), 3-14-95)

"Alley" means a public thoroughfare less than thirty (30) feet in width, which affords only a secondary means of access to abutting property.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Appeal board" means the Butte County board of supervisors designated as the appeal board to hear appeals from actions of the advisory agency, relating to parcel maps and subdivision maps, notices of violation and certificates of compliance.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Certificate of compliance" means a certificate recorded by the county which determines that the subdivision of real property complies with the provisions of the Subdivision Map Act and Butte County ordinances enacted pursuant thereto. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Cul-de-sac" means a street which connects to other streets only at one (1) end and having provision for a turnaround at its other end. Streets temporarily dead-ended at a property line, but planned for future extension shall be provided a cul-de-sac in accordance with the design resolution.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Dedication" means the act of granting to a public agency the right to use a portion of real property for public purposes by the fee owner of the real property. The county may require the grant of real property to be in fee title.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Design" means:

(1) Street alignments, grades, and width;

(2) Drainage and sanitary facilities and utilities, including alignments and grades thereof;

(3) Location and size of all required easements and rights-of-way;

(4) Fire roads and firebreaks;

(5) Lot size and configuration;

(6) Traffic access;

(7) Grading;

(8) Land to be dedicated for park or recreational purposes; and

(9) Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to or implementation of the general plan or an adopted specific plan of the county.

"Frontage" means the portion of a parcel that abuts one (1) side of a public street which allows primary access.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Double frontage" means the situation of a lot having frontage on two (2) public streets which do not intersect and having the right of access to both streets.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Frontage road" means a street which is approximately parallel to and adjacent to a major thoroughfare, or other important traffic facility to which access is limited and which provides access to abutting properties and separation from through and fast traffic.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"General plan" means the general plan of the county or any element, section or portion thereof.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

(a) "Improvement" refers to such street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof.

(b) "Improvement" also refers to such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the general plan or an adopted specific plan or community plan of the county.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Lot" means an area of land shown or to be shown on a recorded subdivision or parcel map.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Corner lot" means a lot situated at the intersection of two (2) or more streets having an angle of intersection of not more than one hundred twenty (120) degrees and a minimum width of sixty-five (65) feet.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Lot depth" means a minimum horizontal distance between the front and rear lot lines measured along the median between the two (2) side lot lines.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Interior lot" is a lot other than a corner lot.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

In the case of an interior lot, "front lot line" means a line separating the lot from the street; and in the case of a corner lot, "front lot line" means a line separating the narrowest street frontage of the lot from the street.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Rear lot line" means a lot line which is opposite and most distant from the front lot line.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Lot lines" means the lines bounding a lot or parcel.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Lot width" means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between front and rear lot lines.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Final subdivision map" means a map prepared by a registered civil engineer or licensed land surveyor and presented for recording, which conforms to an approved tentative subdivision map and with the Subdivision Map Act.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Parcel map" means a map prepared by a registered civil engineer or a licensed land surveyor and presented for recording, which conforms to an approved tentative parcel map and with the Subdivision Map Act.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Preliminary map" means a map submitted to the advisory agency for recommendations prior to submission of a tentative map.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Tentative map" means a map presented to the advisory agency for approval of land divisions which require a final subdivision map, a parcel map, or a waiver of parcel map.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Notice of violation" means a certificate recorded by the county which determines that real property has been divided or has resulted from a division in violation of this chapter or the Subdivision Map Act.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Pedestrian way" means a way designated for use by pedestrians, equestrians and bicyclists, and not intended for use as a way for motor-driven vehicular traffic.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Public sanitary sewer facility" means a sanitary sewerage facility provided by a public entity.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Public water supply" means a water supply provided by a local agency, publicly owned corporation, or approved utility company or any supply, subject to provisions of the Health and Safety Code section 4010 et seq.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Right-of-way" means that portion of real property granted to the county to utilize said property for public street and drainage purposes. This grant includes the right for use by public utilities.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Setback, side/rear" means the distance between a building, device or structure and the lot or parcel dividing line as set forth in the applicable provisions of chapter 24 of this Code.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Street setback line" means the distance between a building, device or structure and the centerline or right-of-way line of a street as set forth in the applicable provisions of chapter 24 of this Code.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Easement setback line" means the distance between a building, device or structure and the centerline or right-of-way line of an easement.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Collector street" means a street to provide direct access to abutting property and to collect the traffic of minor streets.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Minor street" means a street intended principally for access to the abutting property.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Private street" means all ways designed for vehicular traffic which are not public streets.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

A street, highway, thoroughfare, road, avenue, boulevard, alley, court, circle or drive shall not be a "public street" until and unless said street shall have been accepted into a street or road system maintained by a city, county, or the state. Streets and roads in public parks, public airports, public schools, and similar public grounds shall not be construed to be "public streets" for the purpose of this chapter.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Dividing strip" means a separation between adjacent or opposing traffic lanes. It may also mean a separation between the traffic lanes on a thoroughfare or highway and the parallel frontage road which provides access to abutting property.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others; except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers."

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Subdivider statement" means a report disclosing purposes of the subdivision, ownership, dimensions, subdivision design, improvements, existing structures, public facilities, environmental features, topography and grading.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or a contiguous units, for the purpose of sale, lease or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in section 1350 of the Civil Code, a community apartment project, as defined in section 11004 of the Business and Professions Code, 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. Any conveyance of land to a governmental agency, public entity, public utility or subsidiary of a public utility for conveyance to such public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels. As used in this section, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

"Subdivision" includes any division by gift deed on or after March 13, 1993. Any lot or parcel created by bona fide gift deed, recorded prior to March 13, 1993, not intended at the time of the conveyance to be used for the purpose of sale, lease or financing, whether immediate or future, will be regarded as valid, even though no subdivision or parcel map was filed with respect thereto, provided that all other applicable ordinances and regulations in effect at the time of the conveyance, including but not limited to section 20-48.2, were complied with.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Divisions of land not requiring the filing of a map pursuant to this chapter and the state Map Act shall meet the following requirements:

(1) Minimum width of right-of-way as specified in section 20-134.

(2) Sewage disposal and water supply standards, as contained in the improvement standards adopted by resolution by the board of supervisors.

(3) Lot standards of the zoning district in which the property lies.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Nothing in section 20-48 shall prevent a purchaser of a unit of land created under the provisions of this chapter or the state Subdivision Map Act from subdividing such land one (1) time, pursuant to the provisions of this chapter prior to the time that an equalized county assessment roll has been completed reflecting the creation of the unit proposed to be subdivided.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Mountain recreational subdivision" is one which lies wholly within the area designated "Mountain recreational subdivision" on the map marked appendix I in the improvement standards adopted by resolution by the board of supervisors.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

All new roads that are part of the circulation element of the Butte County General Plan (generally collector and arterial roads) and that are constructed to County Standards approved by the Department of Public Works shall be recommended to the Board of Supervisors for inclusion into the County Maintained Mileage. Additionally, all new roads will be public roads included within the County Maintained Mileage, except as specified below.

Roads that are constructed to County Standards and approved by the Department of Public Works that are not part of the circulation element of the Butte County General Plan and are not collector or arterial roads shall be recommended for acceptance into the County Maintained Mileage subject to approved funding for the future maintenance of the road and its associated facilities through a Permanent Road Division (PRD) zone of benefit, County Service Area or other Board approved Benefit Assessment District.

Roads that are constructed to County Standards approved by the Department of Public Works for parcel maps and waiver of parcel maps, or gated subdivision communities may be allowed to be privately maintained, where maintenance is provided by a Home Owners Association (HOA), Road Maintenance Association (RMA) or other means acceptable to the Planning Commission or the Board of Supervisors. All other roads shall comply with the two (2) paragraphs above.

(Ord. No. 3959, § 1, 3-13-07)

* Editor's note—Ord. No. 3959, § 1, adopted March 13, 2007, repealed former § 20-50, and enacted a new § 20-50 to read as herein set out.

(a) Private roads are authorized within Butte County if the subdivision is approved as a gated community subdivision and provided that the subdivision improvements meet with the standards of the County of Butte for a regular dedicated subdivision and providing subsections (c), (d), and (e) of this section are complied with.

(b) Roads or other public facilities within and serving gated subdivisions shall not be dedicated to the County of Butte.

(c) A mutual lot owners' association, road or water company, community services district, Home Owners Association (HOA), Road Maintenance Association (RMA) or other means acceptable to the Planning Commission or the Board of Supervisors shall be established to own, operate and maintain such roads and utilities within and serving gated subdivisions.

(d) Entrance to private road subdivisions must be controlled by a gate, provided such gate allows for unimpeded access for emergency personnel including but not limited to police, fire and medical personnel.

(e) Private roads for gated subdivisions not lying contiguous to a public road must be connected to a public road by a road or roads constructed to the standards set forth in the Butte County Improvement Standards.

(Ord. No. 3959, § 2, 3-13-07)

* Editor's note—Ord. No. 3959, § 2, adopted March 13, 2007, repealed former § 20-50.5, and enacted a new § 20-50.5 to read as herein set out.

The amount of the PRD zone application processing fee assessed and levied pursuant to the provisions of this Article shall be based on the hourly rate as set forth in Butte County Code Section 3-82, Land Development Division Fee Schedule.

(Ord. No. 3959, § 3, 3-13-07)

Editor's note— Ord. No. 3959, § 3, adopted March 13, 2007, repealed former § 20-51, and enacted a new § 20-51 to read as herein set out.

Editor's note— Former §§ 20-52 and 20-53 were repealed by Ord. No. 3959, §§ 4, 5, 3-13-07.

Editor's note— Ord. No. 4255, § 1, adopted November 12, 2024, repealed § 20-53.5. Former § 20-53.5 pertained to zero lot line subdivision and derived from Ord. No. 3188, § 1(Exh. A), adopted March 14, 1995.

Editor's Note—Former § 20-54 was repealed by Ord. No. 3850.

"Subdivision Map Act" means the Subdivision Map Act of the state and all amendments or additions thereto (Government Code, title 7, division 2, "Subdivisions," commencing with section 66-410).

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

"Thoroughfare" means an arterial street designed for the movement of fast or dense traffic in each direction. Thoroughfares are larger than collector streets, but do not include expressways and freeways.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

An approved access, traversable year round for a standard two-wheel-drive automobile, except when covered by snow. Bridges, road structures, and culverts shall be capable of supporting a twenty-ton load.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)