Butte County |
Code of Ordinances |
Chapter 24. ZONING |
Article III. General Regulations |
Division 8. Clustered Development |
§ 24-88. Development standards.
Clustered development projects shall adhere to the development standards for the zone applicable to the property, except as modified below.
A.
Density Incentives.
1.
As an incentive for development projects to conserve open space and protect natural resources, an additional residential density incentive shall be granted for projects that provide additional dedicated open space beyond fifty (50) percent. Additional residential density incentive shall be granted as specified in Table 24-88-1 (Additional Density Incentive for Dedicated Open Space). In no event shall the maximum density incentive for a clustered development project be greater than twenty-five (25) percent. Density is determined by the number of residences not by the number of parcels. Parcels not used for residential purposes (e.g. water or sewer systems or other type of utility), shall be clearly marked for that purpose and will not be available for residential development.
TABLE 24-88-1 ADDITIONAL DENSITY INCENTIVE FOR DEDICATED OPEN SPACE Percentage of Project Area Provided as Dedicated Open Space Maximum Density Incentive (Percentage of Residential Density Allowed by Base Zone) 50 — 70 15 71 15.5 72 16 73 16.5 74 17 75 17.5 76 18 77 18.5 78 19 79 19.5 80 20 81 20.5 82 21 83 21.5 84 22 85 22.5 86 23 87 23.5 88 24 89 24.5 90% or more 25% B.
Lot Size.
1.
The minimum lot size in a clustered development project shall be seven thousand five hundred (7,500) square feet.
2.
The maximum residential lot size in a clustered development project shall be one (1) acre.
3.
Final subdivision and parcel maps shall include a notation that stipulates that the parcels created as part of a clustered development project cannot be further divided.
C.
Building Setbacks/Yard Area and Parcel Dimension Requirements. Primary structures shall be setback a minimum of five (5) feet from all property lines, except the front property line setback, which will be in accordance with the applicable zone. All site development shall be consistent with the County's Fire Safe requirements and Public Resources Code Section 4290.
D.
Street Design. Street improvements within a clustered development project shall be governed by the following factors:
1.
Streets may be privately owned and maintained, or may be proposed for dedication to the County.
2.
Deviation from conventional road and sidewalk requirements may be requested by the applicant. The review authority may approve deviations depending upon project design, site conditions, and other factors.
3.
All street design standards shall be approved for safety by the Director of Public Works and the County Fire Marshal.
E.
Sewage Disposal/Potable Water. Each application for a clustered development project shall obtain tentative clearance from the Butte County Health Department, Environmental Health Division for the proposed parcel sizes. Soil tests, drilling of test wells, or geologic reports may be required to provide evidence of sewage disposal capacity and domestic water availability.
F.
Flood Zones. Clustered development projects shall be prohibited within flood zones unless one (1) or more of the following apply:
1.
Fewer dwelling units are located within the flood zone as part of a clustered development than would be allowed by conventional development;
2.
The clustered development will be developed in an area of the flood zone that has a higher average elevation as compared to what would be allowed by conventional development, and thus would be subject to less flooding and associated impacts; or
3.
Clustered development allows the preservation of natural vegetation and topography on the site that reduces flood-related hazards.
G.
Final Subdivision and Parcel Maps. Final subdivision and parcel maps shall include a notation that stipulates that the parcels created as part of a clustered development project cannot be further divided.
H.
Adjacent Clustered Developments. As shown in Figure 24-88-1 (Clustered Development), developed areas within adjacent clustered developed projects shall be separated by dedicated open space as required by this article.
FIGURE 24-88-1 CLUSTERED DEVELOPMENT
(Ord. No. 4062, § 1, 9-10-13)