Del Norte County Municipal Code § 12.04

This chapter is adopted to regulate the construction of public roads which are to be accepted into the countymaintained road system.

(Ord. 97-017 (part), 1997)

1. The standards of this chapter shall apply to the following pro jects:

   1. Subdivisions.

   2. Building permits, not including building permits for acces sory uses to an existing residence and except as noted in subsection B of this section.

   3. Use permits, not including use permits for accessory uses to an existing residence.

   4. Grading permits for roads which will provide access for future projects listed above.

2. When the total construction cost of alterations, structural repairs or additions of a building permit for an existing structure is less than a fifty percent increase in floor area and said project is not subject to CEQA the road improvements standards of this chapter do not apply. When the cumulative total of multiple permits for the same structure or location exceed the above limits within a five-year period, the road improvements stan dards of this chapter do apply.

3. Notwithstanding subsection B of this section, any building or structure (including a manufactured home) which is damaged or destroyed by fire, explosion, act of God, or act of the public enemy may be replaced or reconstructed and not be subject to the road improvement standards of this chapter provided all of the following conditions or facts apply:

   1. The subject building or structure was lawfully in existence on the date upon which the subject building or structure was destroyed or damaged and the building or structure was in continuous use or occupancy for the previous twelve months and

   2. The new structure or building will be located on the same site as the structure or building replaced and will have substantially the same size, purpose, and capacity as the structure replaced.

4. Projects subject to CEQA, as part of impact mitigation, may require road improvements, both on-site and off-site, proportion ate to the project under review, which are equal to and/or exceed the standards of this chapter. The requirements of the chapter do not preclude other related traffic improvements as determined by a traffic impact review. Other related improve ments include, but are not limited to, traffic signalization, turn lanes, acceleration lanes, emergency parking lanes, etc.

(Ord. 97-017 (part), 1997)

The definitions given in this section shall be used in the interpre tation of this chapter, unless another meaning is apparent from the context.

"Arterial road" means a road in any land use area which serves as part of the principal system for through traffic flow by connecting areas of traffic generation and providing for the distribution and collection of through traffic to and from state highway, collector, and local road systems. It also may serve abutting property. Arterial roads are listed in the most current adopted circulation element of the general plan.

"Collector road" means a road in any land use area which, be cause of its location with reference to other roads or other sources of traffic, carries or will carry, traffic from local roads to the system of arterial roads or highways. Collector road may include the princi pal entrance roads of residential developments, roads for circulation of traffic within such developments, or provide access to abutting commercial, industrial or multifamily areas.

"Cul-de-sac road" means a short road generating less than two hundred ADT (average daily traffic,) serving single-family residential units, and are closed at one end with a turnaround area. These roads are minimum traffic generators and are residential in nature. Roads which serve commercial, industrial or multifamily areas, shall be classified as other than a cul-de-sac (i.e. arterial, collector, local) but shall include turnaround area as if it were a cul-de-sac road.

"Design review fees and construction inspection fees" shall be as prescribed in the current fee schedule adopted by the board of supervisors for engineering services.

"Development," for the purposes of this section, means an appli cation for subdivision of property, use permit, grading or encroach ment permits for roads, or an application for a building permit, whichever comes first.

"Highway" means a state-owned and maintained road such as Highways 101, 199, 169, and 167. Such state highways are subject to the jurisdiction of the California Department of Transportation (Caltrans).

"Local road" means a road which, because of its location with reference to other roads, or other sources of traffic, carries or will carry traffic from areas of low traffic generation to collector or arterial roads. Local roads primarily serve as access to adjacent residential land.

"Parking lane" means a lane, parallel to a traffic lane, which provides an area for on-street parking. The minimum width of a parking lane shall be eight feet for a cul-de-sac road and a local road. The minimum width of a parking lane shall be ten feet for collector and arterial roads. Where curb and gutter sections are used, the gutter pan may be included as a part of the minimum width of the parking lane.

"Road" means an open way or public passage primarily for vehi cles where passage by persons or animals may also be permitted. Roads, streets, drives, boulevards, etc., are to be used interchange ably within the meaning and purpose of this chapter.

"Rural area" means an area of the unincorporated county located outside of the urban boundary designated in the county's general plan and/or by policy of the board of supervisors.

"Single-family dwelling (SFD) infill" means the construction or placement of one single-family dwelling (SFD) on an existing single family zoned lot or parcel on an existing county-maintained road where all of the following apply:

1. The applicant or property owner shall own no other unimproved contiguous parcels or no other unimproved parcels with the same block frontage as the pending permit loca tion and

2. The project is not subject to CEQA.

"Traffic lane" means that portion of a traveled way for the move ment of a single line of vehicles. The minimum width of a traffic lane for a cul-de-sac road shall be ten feet for all other roads the minimum width of a traffic lane shall be twelve feet.

"Traveled way" means that portion of the road for the movement of vehicles, exclusive of shoulders.

"Turnaround" is the closed end, containing a turning area, of a local road, cul-de-sac, or collector road. The desired turning area should be circular and have a radius as determined in Section 12.04.70. In rural areas, an alternate variation of the shape of the turnaround may be other than circular when physical terrain prevents construction of a circular turnaround. Such determination is to be made by the county engineer.

"Urban area" means an unincorporated area within the urban boundary established by the county's general plan land use element and/or by policy of the board of supervisors as the urban area.

"Urban transition area" means an urban area which is designated for urban or suburban land use development but not yet zoned for urban development. (These areas are generally residential in nature and are awaiting community water and/or sewer at which time rural density zoning may change to urban/suburban zoning pursuant to the general plan.)

"Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

(Ord. 97-017 (part), 1997)

All plans submitted for roads shall be prepared by a California registered civil engineer.

(Ord. 97-017 (part), 1997)

1. Plans submitted shall be reviewed for compliance with county standards and when determined to be in compliance, approved by the county engineer. Such plans shall show in detail road construction, vertical and horizontal alignments, drainage works, appurtenances such as signs, and connections to existing public or private improvements. All improvements shown on plans shall conform to the latest edition of Caltrans Standard Plans and Specifications and the Americans with Disabilities Act (ADA). Engineering calculations which support the construction drawings shall be submitted with the plans as required by the county engineer.

2. Review and comments by the office of the county engineer shall conform to the California Engineer's Act and any other applicable acts or standards of review. Improvement plans shall comply with the Subdivision Map Act for review periods. The standard for review and comment shall be as in place at the time the development application is accepted as being complete unless otherwise determined by law or mutually agreed upon by the applicant and the county.

3. The office of the county engineer may establish plans, specifi cations, and standards in lieu of the above for the purpose of plan review, approval, and construction of the subject improve ments. These plans, specifications, and standards are intended to standardize submittals and, therefore, assist in their review.

(Ord. 97-017 (part), 1997)

The road structural section shall be designed in accordance with the latest adopted standards of Caltrans. Traffic indices will be as provided in the latest edition of the Structural Section Design Guide for Cities and Counties. Seal coat surfacing shall not be accepted.

(Ord. 97-017 (part), 1997)

Construction of the road shall be in conformance with the charac ter of the area served as set forth by this chapter. Urban area roads shall require urban road construction. Rural area roads may utilize rural construction.

(Ord. 97-017 (part), 1997)

No road shall be accepted into the county-maintained road system unless the construction thereof has been inspected and approved by the county engineer.

(Ord. 97-017 (part), 1997)

All road rights-of-way shall be deeded to the county in fee or as an easement for road and utility purposes acceptable to the county engineer.

(Ord. 97-017 (part), 1997)

Upon inspection and approval by the county engineer, all public road improvements shall be offered for acceptance into the county maintained road system at the discretion of the board of supervisors.

(Ord. 97-017 (part), 1997)

When roads are required pursuant to this chapter, the road shall connect to a road in the county-maintained system, or connect to a state highway, or connect to a city street. Where an off-site connec tion is necessary to provide access to such road, street, or highway, the applicant shall acquire the right-of-way and construct the applica ble improvements pursuant to this chapter and any conditions estab lished by the county.

(Ord. 97-017 (part), 1997)

Design review fees and construction inspection fees shall be as prescribed in the current fee schedule adopted by the board of supervisors for engineering services. All fees levied in accordance with this section shall be collected prior to issuance of a building permit, grading permit, encroachment permit, or the filing of a map subdividing real property, whichever is applicable.

(Ord. 97-017 (part), 1997)

No road or street shall be accepted into the county-maintained road system which does not serve at least one parcel or lot for each five hundred linear feet of road or development of equivalent general public benefit.

(Ord. 97-017 (part), 1997)

The classification category of an existing public road shall be as designated by the current adopted general plan circulation element. Where a new road is to be constructed, its classification shall be established at the time of approval of the project. Subsequent revi sions to the circulation element of the general plan may result in a change in any classification of a public road.

(Ord. 97-017 (part), 1997)

1. Width of rights-of-way for county urban area roads shall be at least: Arterial road: one hundred feet. Collector road: sixty feet. Local road: sixty feet (fifty feet may be approved when a separate utility easement is provided). Cul-de-sac road: sixty feet (fifty feet may be approved when a separate utility easement is provided). Turnarounds: fifty-five foot radius (fifty feet radius may be approved when a separate utility easement is provid ed).

2. Width of rights-of-way for county rural area roads shall be at least: Arterial road: one hundred feet. Collector road: sixty feet. Local road: sixty feet (fifty feet may be approved when a separate utility easement is provided). Cul-de-sac road: sixty feet (fifty feet may be approved when a separate utility

easement is provided). Turnarounds: fifty-five foot radius (fifty feet radius may be approved when a separate utility easement is provid ed).

• (Ord. 97-017 (part), 1997)

1. Road construction in urban areas requires paved surfacing, Caltrans A2-6 concrete curb and gutters with underground storm drainage systems, and five feet (in width) sidewalk. Minimum distance between face of curbs shall be:

Arterial road: eighty-two feet.

Collector road: forty-four feet.

Local road: forty feet.

Cul-de-sac road: thirty-six feet.

Turnarounds: forty-five foot radius.

2. Road construction in rural areas may be with graded shoulders and open graded storm drainage systems or better. Minimum rural road improvement widths shall be:

Arterial road: twenty-four-foot paved surface with four-foot shoulders.

Collector road: twenty-four-foot paved surface with four-foot shoulders.

Local road:

1. For roads serving twenty lots or less, twenty-foot paved surface with four-foot shoulders.

2. For roads serving twenty-one or more lots, twenty-four-foot paved surface with four-foot shoulders.

Cul-de-sac road: twenty-foot paved surface with four-foot shoulders.

Turnarounds: forty-five-foot radius.

• (Ord. 97-017 (part), 1997)

Roads within urban transition areas are subject to public urban road standards as a final goal. However, the nature of these areas changing from rural to urban/suburban development may preclude full urban road development at one time. In addition to the general requirements of this chapter, the following shall apply to new roads and existing roads where additional development potential exists under the general plan land use designation(s) at urban/suburban densities:

1. Development under rural zoning designations shall be subject to:

   1. Section 12.04.60 for classification of road; and

   2. Section 12.04.65A for urban road right-of-way; and

      3. Section 12.04.35 for deeding of right-of-way to the county; and

      4. Construction of road improvements may be staged, but shall be based upon Section 12.04.70A urban road improvement requirements. Design shall be completed prior to commencement of any construction and shall be based upon Caltrans plans and specifications. Structural section for access under rural zoning shall be completed through base rock placement for the urban public road. Open ditches may be installed in lieu of curb, gutter and storm drain at this stage; and

      5. Road improvements shall not be maintained by the county.

   3. Development under urban/suburban zoning designations shall be subject to subsection A of this section and the remainder of urban road requirements shall be completed including, but not limited to, curb, gutter, sidewalk, storm drain, pavement, etc. pursuant to Section 12.04.15. At such time as improvements are completed, inspected, and approved, the road may be accepted into the county public-maintained road system.

• (Ord. 97-017 (part), 1997)

The following additional geometric standards and specifications shall apply to all roads covered under this chapter:

1. All roads shall intersect at right angles. Intersection variations shall be as provided in Section 12.04.015.

2. Streets entering upon opposite sides of a given street shall have their centerlines directly opposite each other, or said centerlines shall be offset the following minimum distances: Arterial road: 300 feet. Collector road: 300 feet. Local road: 150 feet. Cul-de-sac: 150 feet. Exceptions to this standard may only be considered when traffic impacts are addressed and mitigated to the satisfaction of the planning commission.

3. Drainage improvements shall be designed to carry runoff from a twenty-five-year storm for arterial roads and from a ten-year storm for all other roads.

4. Design flows may be carried in the gutters of urban roads until said flow inundates the closest traffic lane of said road. At that point, the flow shall be delivered downward via drainage inlets to an underground storm drain system where it shall be carried to a natural outlet.

5. Road grades shall be no steeper than twelve percent.

6. Roads shall have a two and one-half percent crown slope.

7. Dead-end roads shall be constructed with turnarounds at the end. The structural section shall be equivalent to the structural section of the adjoining road.

8. Horizontal and vertical alignment shall be consistent with generally accepted engineering practice and take into consider ation the topography of the area.

9. Crushed rock for basement material and asphalt concrete, shall be as specified in Section 12.04.015.

10. Minimum curb return radius shall be as follows:

Arterial road: 25 feet. Collector road: 25 feet. Local/collector road: 25 feet. Local/local road: 20 feet. Cul-de-sac: 20 feet.

11. For corner lots where curb and gutter is required on one street and not on the other, a full (ninety degree +/-) curb return shall be required.

12. All road structures shall be constructed to carry at least the maximum load and provide the minimum vertical clearance as required by Vehicle Code Sections 35550, 35750, and 35250.

13. All bridges and similar structures shall be founded on perma nent foundations, which are capable of withstanding a one-hun dred-year flood. The lowest portion of the deck of the bridge shall be elevated a minimum of one foot above the one-hun dred-year flood level.

14. Road improvements shall, at a minimum, extend from the nearest county-maintained road, or city street, or state highway, to the furthermost property line of the most remote lot of the development, or to the end of the turnaround area if the road does not go through.

• (Ord. 97-017 (part), 1997)

1. If a portion, or all, of a parcel as shown on the latest county equalized assessment roll abuts an existing county road and such parcel is subject to this chapter, the applicant shall make an irrevocable offer of dedication of sufficient right-of-way to enable the abutting section of road to be constructed to the standards set forth herein. The applicant shall improve the following portions of the abutting road to comply with this chapter subject to the following:

   1. If the parcel abuts both sides of a county road, the im provements, as determined under Subsection (A)(3) of this section, shall be made to the full width of the road.

   2. If the parcel abuts one side only of a county road, the improvements, as determined under Subsection (A)(3) of this section, shall be made to the abutting one-half width of the road except as hereinafter provided.

   3. Road improvements described in Subsections (A)(1) and (A)(2) of this section shall be performed by either widen ing the existing road or reconstructing the existing road as determined below: Case I: If the cross slope of the existing traffic lane is equal to or more than 1.5 percent and equal to or less than 3.5 percent and the existing longitudinal grade of the road meets drainage and safety standards as approved by the county engineer, then: construct a new pavement section between the edge of the existing street and the lip of the new gutter (or hinge point, if rural). The new pavement section shall follow the existing longitudinal grade of the road and match a gutter (urban) or shoulder (rural) that has been designed with a uniform longitudinal slope. The design goal shall be to provide a cross slope for the pave ment section of 2.5 percent slope if possible. Case II: If the cross slope of the existing traffic lane is less than 1.5 percent or more than 3.5 percent and the existing longitudinal grade of the road meets drainage and safety standards as approved by the county engineer, then: recon struct the entire half width of the road from the centerline to the lip of the new gutter (or hinge point, if rural) and provide a cross slope of 2.5 percent. Case III: If the cross slope of both lanes (entire road width) of the existing pavement is either less than 1.5 percent or more than 3.5 percent and/or the developer or county engineer desires to change the longitudinal grade of the road, then: both lanes of the road shall be recon - structed with the proper cross slope and grade.

2. Road improvements for projects which front onto existing roads shall, at a minimum, extend along the frontage of the parcel being developed.

3. If a portion or all of an existing single-family residentially zoned parcel, within an urban area, as shown on the latest county equalized assessment roll, abuts an existing county road or city street and such parcel is subject to this chapter, see Section 12.04.111.

(Ord. 97-017 (part), 1997)

• 12.04.90 Planned Communities

Within an urban area private roads are discouraged, however, the county planning commission may approve an alternative to standard road requirements and approve a private road, or functional equiva lent as part of a planned community development, commercial center, or an industrial park development. A development application which includes a request for improvement requirements pursuant to this section, shall be accompanied by substantiating evidence that such requirements will result in access improvements equal to or superior to the resultant access improvements pursuant to the application of the standard road requirements as provided in the remainder of this chapter. Such road improvements shall not be maintained by the county but shall be maintained by the adjacent property owners.

(Ord. 97-017 (part), 1997)

1. When development is proposed on property fronting a road that was constructed and completed in accordance with county maintained standards at the expense of another developer, the applicant shall pay to the county and the county shall reimburse the original developer an amount equal to his proportionate share of the actual original cost for:

   1. Acquired rights-of-way necessary to build said road across the applicant's frontage and

   2. Construction of the road across the applicant's frontage.

No reimbursement is required if more than ten years have elapsed from the date of completion of the subject road to the date of the application of the current pending development. The date of completion shall be established by the date of verifica tion of completion as per the approved plans by the county engineer or by the date of any recorded notice of completion prepared by the office of the county engineer.

2. Any reimbursement levied in accordance with this section shall be collected prior to issuance of a building permit, use permit, grading or encroachment permit, or the filing of a map subdividing real property, whichever is applicable.

• (Ord. 97-017 (part), 1997)

Within existing or previously subdivided lands where a new road and/or an extension of an existing road is required, and the scale of the proposed development is such that phasing of these road stan dards is appropriate, the following may be used to attempt to allocate improvements by neighborhood.

Phased improvements shall be subject to:

1. Section 12.04.60 for classification of road; and

2. Section 12.04.65A for urban road right-of-way; and

3. Section 12.04.35 for deeding of right-of-way to the county; and

4. Construction of road improvements may be staged, as deter mined by the office of the county engineer and shall be based upon Section 12.04.70A urban road improvement require ments. Design shall be completed prior to commencement of any construction and shall comply with the standards and specifications contained in Section 12.04.15. Structural section shall be, at a minimum completed through base rock placement for the urban public road. Open ditches may be installed in lieu of curb, gutter and storm drain in conjunction with base rock placement as a temporary measure, however, pavement surface, curb, gutter, storm drain, and sidewalks are to be the obligation of the property owner.

   5. Road improvements shall not be maintained by the county but shall be maintained by adjacent property owners as a private road until such time as the improved road meets county stan dards and is contiguous to an existing county-maintained road.

• (Ord. 97-017 (part), 1997)

When necessitated by geographical terrain features, or when the strict imposition of these standards would entail a substantial hard ship to a landowner not borne by other landowners similarly situated, an applicant may request from the board of supervisors modified road improvement standards. Any person who desires to request a modification to the road improvement standards as conditioned by the planning commission or by staff of the county, must file a request for a modification to the road improvement standards with the clerk of the board of supervisors and the planning commission secretary within ten days of the action of the planning commission, or if the subject project does not require action by the planning commission the request for modification must be filed with the clerk of the board of supervisors and the community development department prior to the issuance of the permit by county staff.

When a modification is requested, the applicant shall pay any applicable fee and shall submit sufficient information to demonstrate the hardship and to address the findings necessary to grant the modification. Any request for a modification shall first be reviewed by the planning commission, if not reviewed previously, who shall forward a recommendation to the board of supervisors for their consideration.

1. When considering the granting of a modification to these stan dards, by the board of supervisors, the following must be shown:

   1. Geographical terrain features apply to the subject land in the application which do not apply to other lands similarly situated; and/or

   2. The strict imposition of these standards without modification would entail a substantial hardship to the applicant not borne by other application or landowners similarly situated; and

   3. The granting of the modification is necessary for the preservation and enjoyment of substantial property rights of the applicant; and

   4. The granting of the modification will not, under the circumstances of the particular case, affect adversely the health or safety of persons residing or working in the neighborhood of the site of the subject project requiring road improvements, and will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood.

2. The granting of a modification to these standards, by the board of supervisors, shall be subject to any conditions as will assure the modification granted shall not constitute a grant of special privileges and secure the intended purposes of this chapter.

3. On a case-by-case basis, a written recommendation from the local fire district regarding the modification request may be required by staff to proceed.

(Ord. 2016-003 § 3, 2016; (Ord. 2001-001 § 1, 2001; Ord. 97-017 (part), 1997)

1. When a building permit is filed for a single-family dwelling (SFD) and meets the definition of SFD infill, the project shall be required to comply with Chapter 12.04 except that the devel opment shall only install any curb, gutter, storm drain, and/or sidewalk improvements which conform with existing similar im -

provements on the street frontage immediately adjacent to the project site on the same side of the street.

2. Notwithstanding Subsection A of this section, in all cases where a building permit is filed for a singlefamily dwelling and curb and gutter have been previously installed, the applicant shall be required to install sidewalk for his frontage where the previous ly installed curb and gutter exists.

(Ord. 97-017 (part), 1997)

Any person who desires to request a deferment of the road improvement standards as conditioned by the planning commission or by staff of the county, must file a request for a deferment of the road improvement standards with the clerk of the board of supervi sors and the planning commission secretary within ten days of the action of the planning commission or if the subject project does not require action by the planning commission the request for a defer ment must be filed with the clerk of the board of supervisors and the community development department within ninety days of the issuance of the permit by county staff.

When a deferment is requested, the applicant shall pay any applicable fee and shall submit sufficient information to demonstrate the hardship and to justify the basis to grant the deferment by the board of supervisors. Any request for a deferment shall first be reviewed by the planning commission, if not reviewed previously, who shall forward a recommendation to the board of supervisors for their consideration.

The granting of a deferment of these standards, by the board of supervisors, shall be at the sole discretion of the board of supervi sors. The deferment if granted may be subordinated to a first mort gage and/or a property improvement loan, subject to the approval of the county of Del Norte.

(Ord. 2001-001 § 2, 2001)

In order to encourage small-scale "incubator" industrial develop ment within areas described below, new small-scale industri al/commercial development shall not be required to install curb, gutter, storm drain, and sidewalks. Open ditches may be required in lieu of curb, gutter, and storm drain for these areas.

Area 1. The exterior boundaries of this incubator area are de scribed as north of Elk Valley Road, south of Union Street, and east of Iowa Street. Development projects on lots which front on Elk Valley Road are to install or include curb, gutter, storm drain (if required), and sidewalks as part of a development permit issued pursuant to this chapter.

Area 2. The exterior boundaries of this incubator area are de scribed as the industrially zoned area lying on both sides of Lake Earl Drive at Standard Veneer Road. Development projects on lots which front on Lake Earl Drive are to install or include curb, gutter, storm drain (if required), and sidewalks as part of a development permit issued pursuant to this chapter.

(Ord. 2001-001 § 3, 2001; Ord. 97-017 (part), 1997)