Sutter County Municipal Code § 1400-500 Standards and Requirements for Subdivisions

(a) Public improvements shall be required as follows:

1. Within a city sphere of influence or the Sutter Pointe Specific Plan on land zoned other than Agriculture (AG) by the Sutter County Zoning Code, the County shall require public improvements (curb, gutter, sidewalk, street, street lighting, additional rights-of-way and public utility easement) after first consulting with the applicable city. The County may impose the adopted public improvement standards recommended by the applicable city or may require public improvements consistent with the County's adopted improvement standards.

2. Within a rural community or rural planned community on land zoned other than Agriculture (AG), public improvements (street and drainage improvements, additional rights-of-way and public utility easement) shall be required consistent with the County's adopted improvement standards.

3. Within all Residential, Commercial and Employment Districts as designated by the Sutter County Zoning Code and located outside the areas listed in items (a)1. and (a)2. above, public improvements (street and drainage improvements, additional rights-of-way and public utility easement) shall be required consistent with the County's adopted improvement standards.

4. Within all areas designated as Agriculture (AG) and those lands designated Recreation (REC) or Public (P) by the Sutter County Zoning Code located outside the areas listed in items (a)1. and (a)2. above, public improvements beyond requiring additional rights-of-way and public utility easement shall not be required.

(Ord. No. 1650, § 5, 5-22-2018)

All lots or parcels created by the subdivision of land shall have access to public streets improved to standards hereinafter required. Private streets shall not normally be permitted. However, if the Planning Commission finds that the most logical development of land requires that lots be created which are served by a private street or other means of access, and makes such findings in writing with the reasons therefore, then such access may be approved by the Planning Commission. The subdivider shall submit a development plan showing the alignment, width, grade, and material specifications of any proposed private street, the topography and means of access to each lot, drainage and sewerage of the lots served by such private streets and a plan satisfactory to the Board of Supervisors for ownership and maintenance of said street and the liability for taxes thereon. Construction of the private street or access shall be completed prior to occupancy of any buildings on lots served by a private street.

The size, shape, and orientation of lots shall be appropriate to the location of the proposed subdivision and to the types of developments contemplated. The following principles and standards shall be observed.

(a) The minimum area and dimension of all lots shall conform to the requirements of the zoning laws of the County for the district in which the subdivision is located except as provided under the provisions of this Chapter under the section entitled "Public Improvements".

(b) No residential lot, except a zero lot line lot, shall have a width less than 50 feet at the street frontage, except for residential lots on the curve of curved or cul-de-sac streets, which shall have a minimum street frontage of 40 feet. Such lots on the curve of curved or cul-de-sac streets shall be a minimum of 50 feet wide at the front street yard setback.

(c) No lot, except a zero lot line lot, shall have an area of less than 5,000 square feet. The foregoing sentence notwithstanding, a larger minimum size may be required by the Planning Commission, the Sutter County Zoning Code, or the Sutter County Environmental Health Division pursuant to provisions of the Sutter County Ordinance Code.

(d) For lots of less than five acres in size, the average width of the lot shall not be less than one-third the average depth, and the lot width should not be greater than the depth.

(e) For residential lots within the Sutter Pointe Specific Plan, the minimum lot width may be less than 50 feet, lots with zero public street frontage are allowed and may share access to a private alley or driveway, I-court and T-court lot configurations are allowed and may share access to a private alley or driveway as long as the lots are consistent with an approved subdivision map.

([1334, 1436] Ord. 1583, Sec. 1, March 12, 2013; Ord. No. 1678, § 1, 11-17-2020)

(a) Conformance. The streets shall conform in principle to the street requirements of the General Plan and in width and alignment to the streets shown on any precise plan adopted by the Board of Supervisors relating to streets, and shall conform to the requirements of this Chapter.

(b) Minimum Standards. Where higher standards have not been established as set forth in subsection (a) of this section, all major and minor streets shall be platted according to the following minimums except higher standards may be required where streets are to serve commercial or industrial property or where probable traffic conditions warrant:

* Plus additional easements for utilities.

"Interior residential and cul-de-sac streets" as used in this subsection means streets which serve only lots which are wholly within the subdivision. That is, the term is intended to apply to streets other than through streets. It is not intended to apply to that portion of streets adjacent to the exterior boundaries of the subdivision nor to streets within the subdivision that are aligned, generally, with streets lying outside the subdivision.

These minimum standards include a requirement that subdividers fully improve any half-street adjacent to their subdivision with full street improvements.

The street patterns in the subdivision shall be in general conformity with a plan for the most advantageous development of adjoining areas and the entire neighborhood or district. The following principles shall be observed:

(a) Where appropriate to the design, proposed streets shall be contiguous and in alignment with existing, planned or platted streets with which they are to connect.

(b) Proposed streets shall be extended to the boundary lines of the land to be subdivided, unless prevented by topography or other physical conditions, or unless, in the option of the Planning Commission, such extension is not necessary for the coordination of the subdivision with the existing layout or the most advantageous future development of adjacent tracts. A "No Access Rights" Certificate shall be shown on the final map where required by the Development Services Department Director.

(c) Where necessary to give access to or permit a satisfactory subdivision of adjoining land, streets shall extend to the boundary of the property and the resulting dead-end streets may be approved without turnaround or a temporary turnaround may be required which shall have a minimum radius of forty feet. In all other cases, a turnaround shall have a minimum right-of-way radius of 50 feet and a curb radius of 40 feet. Within the Sutter Pointe Specific Plan, allow dead-end stub streets or alleys consistent with an approved subdivision map and as permitted by Fire Services and the County's adopted Improvement Standards.

(d) Culs-de-sac shall be designed in accordance with the following standards:

1. Within a city sphere of influence or the Sutter Pointe Specific Plan, no cul-de-sac shall exceed 600 feet measured from the center of the turnaround to the centerline of the intersecting street.

2. Culs-de-sac serving fewer than 20 dwellings, or other uses that, in total, generate fewer than 200 Average Daily Trips (ADT), shall not exceed 1,100 feet in length, measured from the center of the turnaround to the centerline of the intersecting street, subject to approval by the applicable fire service authority.

3. Culs-de-sac serving 20 or more dwellings or other uses that, in total, generate 200 or more Average Daily Trips (ADT), shall not exceed 600 feet in length, measured from the center of the turnaround to the centerline of the intersecting street.

4. Within the Sutter Pointe Specific Plan, allow non-standard cul-de-sacs consistent with an approved subdivision map and as permitted by Fire Services and the County's Improvement Standards.

(e) Proposed streets shall intersect one another as nearly at right angles as the conditions and other limiting factors of good design shall permit.

(f) Excessively long straight standard subdivision streets, conducive to high speed traffic, are to be discouraged.

(g) The centerlines of all streets wherever practicable shall be the continuation of the centerlines of existing streets or shall be offset at least 200 feet. Within the Sutter Pointe Specific Plan, allow a minimum width for offsetting intersections of less than 200 feet consistent with an approved subdivision map and as permitted by Fire Services and the County's Improvement Standards.

([1583] Ord. 1585, Sec. 2, May 28, 2013; Ord. No. 1650, § 6, 5-22-2018; Ord. No. 1678, §§ 2—4, 11-17-2020)

Subdivision design adjacent to major streets or highways shall be as determined by the Planning Commission.

(a) Street design shall have the purpose of making adjacent lots, if for residential use, desirable for such use by cushioning the impact of heavy traffic and of minimizing the interference with traffic on such arterials.

(b) The number of intersection streets along arterials shall be held to a minimum.

(c) When the rear or side lines of any lots border a State highway or major street, the subdivider may be required to execute and deliver to the County an instrument prohibiting the right of ingress and egress to such lots across the side lines of such highways.

(d) Service Roads: Off-Street Parking. When lots proposed for commercial or industrial uses front on any major or secondary street or highway, the subdivider may be required to dedicate and improve a parallel service road to provide ingress and egress to and from such lots. When any lots proposed for residential use front on a State highway or major street, the subdivider may be required to dedicate and improve a service road at the front of such lots or to back lots to the highway or major streets.

(e) In addition to the requirements for a service road, the Planning Commission may require adequate off-street parking areas for all lots proposed for commercial, multiple family or industrial use.

All street names shall be as approved by the Development Services Department Director and no duplication of street names shall be permitted.

([1583] Ord. 1585, Sec. 2, May 28, 2013)

When lots are proposed for commercial or industrial use, alleys at least 24 feet in width may be required at the rear thereof.

Grades, curves and sight distances shall be subject to approval by the Development Services Department Director to insure proper drainage and safety for vehicles and pedestrians. The following principles and minimum standards shall be observed:

(a) Grades of streets shall not be less than 0.20% and not greater than 6%.

(b) Street intersections shall be rounded with curves having a minimum radius of 20 feet at property lines. A greater curve radius may be required if streets intersect at other than right angles or if the street is either a collector or arterial street.

(c) The centerline curve radius on all streets and highways shall conform to accepted engineering standards of design and shall be subject to approval by the Development Services Department Director. Within the Sutter Pointe Specific Plan, allow centerline radius for streets of less than 200 feet consistent with an approved subdivision map and as permitted by Fire Services and the County's adopted Improvement Standards.

(d) Within the Sutter Pointe Specific Plan, elbow tangents less than 50 feet shall be allowed consistent with an approved subdivision map and as permitted by Fire Services and the County's adopted Improvement Standards.

([1583] Ord. 1585, Sec. 2, May 28, 2013; Ord. No. 1678, §§ 5, 6, 11-17-2020)

(a) Curbs and gutters as shown on the County's standard detail drawings shall be required.

(b) When required for access to schools, playgrounds, shopping centers, transportation facilities, other community facilities, or for unusually long blocks, the subdivider shall construct pedestrian ways not less than ten feet in width.

(c) Residential streets having a street width of less than 45 feet shall have barrier curbs.

(a) Utility easements, not less than eight feet in width may be required for utility purposes.

(b) All utility distribution facilities shall be placed underground except as hereinafter provided in this Chapter.

The subdivider shall dedicate right-of-way for storm drainage conforming substantially with the lines of any natural water course that traverses the subdivision, or at the option of the Planning Commission, the subdivider shall provide by dedication further and sufficient easements or constructions or both, to dispose of such surface and storm water.

The major dimensions of a block shall not exceed 1,320 feet in length nor less than 440 feet in length between street centerlines unless modified in accordance with the provisions of the section of this Chapter entitled "Public Improvements".

The subdivider may be required to reserve sites, appropriate in area and location for necessary and desirable neighborhood facilities, such as schools, parks and playgrounds. School sites shall be dedicated in accordance with the provisions of Section 66478 of the Subdivision Map Act and of the appropriate section of this Chapter.

(a) Conformance to General Plan. The street and lot layout of a non-residential subdivision shall be appropriate to the land use for which the subdivision is proposed, and shall conform to the proposed land use and standards established in the General Plan and zoning laws of the County.

(b) Types of Non-Residential Subdivisions. Non-residential subdivisions shall include industrial tracts and may include commercial tracts.

(c) Principles and Standards. In addition to the principles and standards in this ordinance which are appropriate to the planning of all subdivisions, the subdivider shall demonstrate to the satisfaction of the Planning Commission that the zoning and street, parcel and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:

(1) Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.

(2) Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereon.

(3) Special requirements may be imposed by the County with respect to street, curb and gutter, and sidewalk design and construction.

(4) Special requirements may be imposed by the County with respect to the installation of public utilities, including water, sewer, fire protection and storm drainage.

(5) Every effort shall be made to protect adjacent residential areas from potential nuisance from the proposed non-residential subdivisions, including the provisions of extra depth in parcels backing upon existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.

(6) Streets carrying non-residential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas, or connected to streets extended for predominantly residential traffic.

([1334] Ord. 1583, Sec. 1; March 12, 2013)

The Board of Supervisors recognizes the need for property owners involved in direct agricultural pursuits to subdivide parcels, or reconfigure their boundaries through lot line adjustment, for the purposes of estate planning, business planning, or financial planning without changing the agricultural use of the property.

(a) Scope. This section shall apply only to those parcels located in the AG (General Agricultural) District, the A-2 (Exclusive Agricultural) District, and which may not be subdivided or reconfigured by lot line adjustment because the subdivision or lot line adjustment does not fully comply with the requirements of ordinances, policies and standards of the County of Sutter, including, without limitation, required frontage on a County-maintained road.

(b) Special Provision. Parcels within the Scope of this section may be subdivided or reconfigured by lot line adjustment without meeting the requirement for frontage on an existing County-maintained road, subject to strict compliance with the Requirements set forth in subsection (c), and full compliance with all other requirements of ordinances, policies and standards of the County of Sutter.

(c) Requirements. The Special Provision of subparagraph (b) shall be applicable only if all of the following requirements are met:

(1) The property owner shall submit a declaration under penalty of perjury attesting that the subdivision or lot line adjustment is for the purpose of financial planning, business planning, or estate planning.

(2) The property owner shall enter into an agreement with the County of Sutter that shall be recorded, shall run with the land, and shall be binding upon the property owner's heirs, devisees, successors, and assigns. The agreement shall provide that:

a. The use of any parcel that is created by subdivision or reconfigured by lot line adjustment pursuant to this section shall be restricted to agriculture, and that subdivision or lot line adjustment pursuant to this section shall not be construed as a grant of entitlement to any non-agricultural use, whether allowed by right or by permit in the zoning district in which the parcel is located, including, without limitation, the construction and use of any new agricultural, residential or commercial structure. Future non-agricultural use of such parcel shall be permitted, however, if and when such use fully complies with the requirements of applicable ordinances, policies and standards then in effect.

b. The recordation of an easement for access to any parcel created by subdivision or reconfigured by lot line adjustment pursuant to this section, or the provision therefore on any final map or parcel map, shall not be construed as a grant of access, either public or private, for the purpose of any non-agricultural use or future development of such parcel, including, without limitation, the construction and use of any new agricultural, residential or commercial structure. Future non-agricultural use of such parcel shall be permitted, however, if and when such use fully complies with the requirements of applicable ordinances, policies and standards then in effect.

c. Subdivision or reconfiguration by lot line adjustment pursuant to this section is strictly for the purpose of estate planning, business planning, or financial planning, in order to enhance present and future agricultural use. Accordingly, no variance may be granted under Division 84 (Sections 1500-8410 through 1500-8420, inclusive) of the Sutter County Ordinance Code in order to permit any non-agricultural use on any parcel created by subdivision or reconfigured by lot line adjustment pursuant to this section, including, without limitation, the construction and use of any new residential or commercial structure.

d. The conveyance of a parcel created by subdivision or reconfigured by lot line adjustment pursuant to this section shall not entitle the transferee thereof to any non-agricultural use of such parcel, whether allowed by right or by permit in the zoning district in which the parcel is located, including, without limitation, the construction and use of any new agricultural, residential or commercial structure. Future non-agricultural use of such parcel shall be permitted, however, if and when such use fully complies with the requirements of applicable ordinances, policies and standards then in effect.

5. Notwithstanding the foregoing, for lands located in the Open Space and Recreational Area of the FPARC (Food Processing, Agricultural and Recreation Combining) District, the agreement required hereunder shall include as a permitted use, in addition to agricultural use, those uses permitted in such Open Space and Recreational Area of the FPARC District.

(3) Subdivision or reconfiguration by lot line adjustment pursuant to this section shall be consistent with the Sutter County General Plan, including, but not limited to, requirements for minimum parcel size.

(4) The following shall be printed on the final map or parcel map for any subdivision pursuant to this section, or on any deed evidencing the reconfiguration of any parcel by lot line adjustment pursuant to this section:

"This parcel was subdivided and/or reconfigured for the purpose of estate planning, business planning, or financial planning only. Special restrictions govern the uses allowed on this parcel, as well as the potential for further subdivision of this parcel, or its reconfiguration by lot line adjustment. These restrictions are set forth in the Sutter County Ordinance Code, including Section 1400-580, and the agreement recorded herewith."

"No site evaluation to determine the suitability of any parcel(s) depicted herein for utilizing an on-site sewage system has been conducted, nor shall any use of any such parcel(s) be permitted that generates sewage or wastewater regulated by the Sutter County Development Services Department, Environmental Health Division or by the Central Valley Regional Water Quality Control Board unless all requirements of the Sutter County Ordinance Code, or any amendments thereto in effect at the time of development, are me

(5) The agreement required under subsection (c)(2), above, shall be recorded with the final map or parcel map for any subdivision pursuant to this section, or with the deed conforming to the reconfiguration of any parcel by lot line adjustment pursuant to this section.

(6) The restrictions on the use of parcels created or reconfigured pursuant to this section shall not preclude the future non-agricultural use of any such parcel if and when such use fully complies with the requirements of ordinances, policies and standards then in effect. Upon application of the owner of any such parcel, the Development Services Department Director may record an appropriate document releasing such parcel from the restrictions of the agreement required under subsection (c)(2), above.

(d) Staff Duties. The Development Services Department shall maintain a list of all parcels subdivided pursuant to this section.

([1393] Ord. 1583, Sec. 1; March 12, 2013; [1583] Ord. 1584, Sec. 3, May 28, 2013)