Chapter 7.08 — STANDARDS OF DESIGN

Subdivisions shall be designed in conformance with the following standards of design. Deviations from these standards may be requested pursuant to Section 7.08.145. (Added by Ord. 95-03, 2/14/95)

Subdivisions shall be designed and improved so as to be consistent with the General Plan and any applicable adopted specific plan and the objectives, policies and general land uses and programs specified therein.

(Added by Ord. 95-03, 2/14/95)

Subdivisions shall be designed so that all proposed lots comply with applicable zoning regulations in a manner that will permit the establishment of the proposed uses without further deviations or variances as stated in Section 7.05.055. (Added by Ord. 95-03, 2/14/95)

• (a) Tentative map boundaries shall be drawn to include all of the area of all abutting parcels which are owned by the same property owner and proposed for boundary alteration. However, when any land is proposed to be divided in such a way that the subdivision will include a portion of such land, any portion with a contiguous gross area of five acres or more which is not proposed to be included within the subdivision may be identified by reference on the tentative map.

• (b) A portion of a tentative parcel map may be designated as a remainder for the purpose of an exception to the survey requirements, in compliance with the following provisions:

  • (1) Any remainder shall have a gross area of five acres or more;

  • (2) Any remainder so designated shall not be considered to be a building site;

  • (3) Any remainder so designated shall not be improved with any building or structure that is subject to the requirements of the Uniform Building Code.

• (c) Whenever a parcel of real property lies partially within the City and partially within an unincorporated area or within another city, any proposal to subdivide such real property shall be consistent with existing city boundaries. No lot or parcel, except proposed public or private street rights-of-way, shall be partially within a city and partially within the unincorporated area. Any portion of such real property lying within any other city or unincorporated county territory shall be included in the tentative map for the purpose of showing the remainder parcel, but any approving action on the tentative map by the City of Dana Point shall not be construed as approval of any design or improvements shown within any other city or unincorporated county territory.

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City of Dana Point, CA

DANA POINT CODE

§ 7.08.025

§ 7.08.050

• (d) Regardless of its size, no portion of any property shown on the latest equalized County assessment roll as a unit or contiguous units shall be excluded from within the boundaries of a subdivision for the purpose of avoiding dedication or improvement of any street, drainage or flood-control facility.

• (Added by Ord. 95-03, 2/14/95)

• (a) Each lot or parcel being created by a subdivision shall be either numbered or lettered. If it is numbered, it must comply with the requirements of a building site as defined in the Zoning Code.

• (b) Lettered lots or parcels may not be used as building sites and need not comply with the requirements for a building site.

• (c) Lettered lots other than streets shall be labeled as to their intended use. Numbered lots may be labeled as to their intended use.

• (d) A numbered lot which is platted so that it is in more than one zoning district shall comply with area and width requirements of the zoning district having the more restrictive requirements.

(Added by Ord. 95-03, 2/14/95)

If an existing or proposed arterial highway or transportation corridor as shown on the Master Plan of Arterial Highways is located so that any portion of such highway lies within or adjacent to a subdivision, the highway or corridor shall be shown on the map in a width and in an alignment corresponding to the Master Plan of Arterial Highways, and the highway or corridor shall be designed in accordance with the Standard Plans or applicable specific plan. (Added by Ord. 95-03, 2/14/95)

Private streets shall be permitted, pursuant to conditions specified in the Subdivision Manual, when the City Council finds that the occupants of the subdivision will be better served and the welfare of the general public will not be impaired thereby. (Added by Ord. 95-03, 2/14/95)

Subdivisions shall be designed so as to limit vehicular access to highways shown on the Master Plan of Arterial Highways.

(Added by Ord. 95-03, 2/14/95)

Subdivisions shall be designed in conformance with the Standard Plans adopted by the City Council, except:

• (a) Streets in residential districts requiring a building site area of 15,000 square feet or more and where no sidewalks are to be installed shall have a right-of-way that will provide a

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City of Dana Point, CA § 7.08.050

SUBDIVISIONS

• (b) Private streets serving four or less parcels as access to a public street shall provide for a minimum pavement width of 28 feet within a minimum 40 foot wide right-of-way.

• (c) Private streets serving five parcels or more as access to a public street shall provide for a minimum pavement width of 40 feet within a minimum 56 foot wide right-of-way.

• (d) Streets in a subdivision which provides an approved alternate pedestrian circulation system shall have a right-of-way that will provide a minimum parkway width of at least eight feet.

• (Added by Ord. 95-03, 2/14/95)

Dead-end streets shall be terminated by a turnaround having a diameter which will maintain a parkway width uniform with that of the street. No such dead-end street shall exceed a length of 1,000 feet measured along the centerline thereof from the center point of the turnaround to its centerline intersection with a through street.

(Added by Ord. 95-03, 2/14/95)

Local street and highway grades shall be no less than 1%, reverse grade vertical curves excepted. Private street grades shall be no less than 1%, reverse grade vertical curves excepted. Highway grades shall not exceed 6% and local street grades shall not exceed 10%, unless otherwise approved in writing by the Director of Public Works. (Added by Ord. 95-03, 2/14/95)

The centerline radii of curves on local streets or highways shall be not less than:

• (a) One thousand five hundred fifty feet on highways shown on the Master Plan of Arterial Highways as major arterial highways;

• (b) One thousand eight hundred feet on highways shown on the Master Plan of Arterial Highways as primary arterial highways or 1,400 feet on highways shown on the Master Plan of Arterial Highways as secondary arterial highways;

• (c) Five hundred fifty feet on collector streets;

• (d) Two hundred fifty feet on local streets.

(Added by Ord. 95-03, 2/14/95)

Local streets shall not exceed 1,000 feet in length without a significant change in alignment. (Added by Ord. 95-03, 2/14/95)

All local street and highway corner cutoffs and corner radii shall be designed in conformance with the Standard Plans as adopted by the City Council.

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City of Dana Point, CA

DANA POINT CODE

§ 7.08.075

§ 7.08.095

(Added by Ord. 95-03, 2/14/95)

• (a) Sidewalks shall be designed in accordance with the Standard Plans adopted by the City Council and located as follows:

  • (1) Along both sides of arterial highways;

  • (2) Along all commercial and industrial frontage;

  • (3) Along both sides of collector streets;

  • (4) Along residential frontage where the required minimum building site area is less than 15,000 square feet and the lots have access to the street, except in those instances where an alternate pedestrian circulation system is proposed;

  • (5) Along all streets leading directly to a school, a designated school bus stop or a park;

  • (6) Where the sidewalk will provide a continuation or link between other sidewalks.

• (b) Additional pedestrianways not abutting a street shall be provided when necessary for access to schools, recreation and other public areas. These pedestrianways shall not be less than six feet in width.

(Added by Ord. 95-03, 2/14/95)

Where the General Plan or any officially adopted specific or precise plan designates a bikeway or equestrian trail as lying wholly or partially within any proposed subdivision, the necessary right-of-way for the bikeway or equestrian trail shall be shown on the map in compliance with such adopted plans, and bikeways shall be designed in accordance with the design criteria and guidelines for City bikeways.

(Added by Ord. 95-03, 2/14/95)

Street lighting shall be provided along and at the intersections of all arterial highways and local streets in accordance with the illumination levels specified in the Standard Plans except as otherwise approved by the City Engineer. (Added by Ord. 95-03, 2/14/95)

• (a) Utility lines, including but not limited to, electric, communications, street lighting, and cable television, shall be required to be placed underground within any new, revised or reactivated residential subdivision. The subdivider is responsible for making the necessary arrangements with the utility companies for the installation of such facilities. For the purposes of this Subsection, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes, meter cabinets and concealed ducts in an underground system may be placed above ground within the street right-of-way where sufficient right-of-way width exists so as not to pose a serious hazard to pedestrian traffic. If approved by the Director, utility lines, the main purpose of

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City of Dana Point, CA § 7.08.095

SUBDIVISIONS

§ 7.08.105

which is to provide service to customers outside of the original boundaries of the subdivision, and those utility lines which were in service in the area covered by the tentative tract or tentative parcel map prior to the filing of the tentative map may be placed aboveground.

• (b) Required underground utility lines may be located in street or alley rights-of-way or along any lot line.

• (c) Overhead utility lines shall be located at the rear of lots or parcels where practical, the poles supporting such overhead lines shall not be installed within any street, alleyway, drainage easement or flood-control channel.

• (d) Aboveground installation of utilities shall be permitted on a temporary basis when such utilities are required during construction; provided, however, that such utilities shall be removed or placed underground prior to the final exoneration of street improvement bonds.

• (Added by Ord. 95-03, 2/14/95)

All lots intended for development shall be connected to a sanitary sewer system unless the County Health Officer has determined that each lot is adequate to accept a private septic system. (Added by Ord. 95-03, 2/14/95)

• (a) Tentative maps shall illustrate the existing and proposed manner in which water drains onto, across and off of the land being subdivided, including the facilities and easements necessary to accommodate the drainage.

• (b) In the event a subdivider unnaturally concentrates or diverts surface water running onto adjacent land, the map shall illustrate the manner in which such water will be accepted and disposed.

• (c) If an existing or proposed flood-control channel, as shown on an officially adopted floodcontrol plan, is located so that any portion of it lies within or adjacent to a subdivision, the channel shall be illustrated on the map as a lettered lot in a width and in an alignment corresponding to the flood-control plan.

• (d) Where any lot is designed in such a manner that it will not drain with a minimum 1% grade directly to a street or common drainage facility, it shall be designed in a manner that will conform to the following criteria:

  • (1) Lots shall be designed in such a manner that man-made slopes are not subject to sheet flow or concentrated runoff from either the same or an adjacent lot.

  • (2) All water flowing down man-made slopes, except that falling on each slope, shall be constrained within an approved drainage device.

  • (3) All water flowing from one lot to or across another lot shall be within an approved drainage device located within a properly executed easement, where appropriate.

• (e) All drainage improvements intended or required to convey stormwater runoff shall be designed and installed or constructed in accordance with the applicable design

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City of Dana Point, CA § 7.08.105

DANA POINT CODE

• (a) Man-made slopes shall be designed so that they can be conveniently maintained so as to minimize erosion, slope failure and unsightly conditions.

• (b) This Section does not apply to man-made slopes five feet in height or less.

• (c) All man-made slopes shall be shown on tentative maps and shall be designated, labeled, and designed as one of the following slope types:

  • (1) Type "A." Those proposed to be maintained by a public agency or by a group, such as a homeowners' association, and which are located either adjacent to an arterial highway or within a park, greenbelt or other public or common open space area.

  • (2) Type "B." Those proposed to be maintained by a group, such as a homeowners' association, and which are located within or adjacent to individual lots and which are not within a park, greenbelt or other public or common open space area.

  • (3) Type "C." Those proposed to be maintained by individuals and which are located within individual lots in such a manner that they are inappropriate for maintenance by a group such as a homeowners' association.

• (d) Man-made slopes shall be designed to resemble natural terrain where feasible, with a minimum of long, flat, inclined plane surfaces and acute angles.

• (e) Man-made slopes shall be no steeper than two feet horizontal to one foot vertical.

• (f) The maximum height of man-made slopes in excess of (steeper than) five feet horizontal to one foot vertical shall be as follows:

  • (1) Type "A." No maximum.

  • (2) Type "B." Thirty-five feet.

  • (3) Type "C." Twenty feet.

• (g) Man-made slopes shall not be constructed one on top of another or combined in such a manner so that they exceed the maximum heights specified in Subsection (f) of this Section. However, this limitation shall not apply to adjacent slopes on land abutting the subdivision, provided there is a visual and physical break of at least 10 usable feet, exclusive of drainage facilities, between the top of the lower slope and the toe of the upper slope.

• (h) Lettered lots shall not include Type "C" slopes, unless such slopes will be directly visible from the probable building pad on the lot. In no case may man-made slopes situated downslope from a numbered lot be classified as a Type "C" slope. Such slopes shall be designated as Type "B" slopes.

• (i) Automatic irrigation systems shall be incorporated into the design of Type "A" and Type "B" slopes. An irrigation system connected to the water system serving the main use of the lot shall be incorporated into the design of Type "C" slopes.

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City of Dana Point, CA § 7.08.110

SUBDIVISIONS

§ 7.08.125

• (j) The design of man-made slopes shall include landscaping in accordance with the requirements of Section 7.08.120.

• (k) The design of man-made slopes shall include provisions to incorporate the use of reclaimed water if available within 1,000 feet of the project boundary.

• (Added by Ord. 95-03, 2/14/95)

Local parks shall be shown on the tentative map as required by Chapter 7.36 and in a manner consistent with the General Plan.

(Added by Ord. 95-03, 2/14/95)

The design of the areas listed below shall include appropriate landscaping for aesthetic, noise suppression, fire protection, and/or erosion-control purposes:

• (a) Man-made slopes greater than five feet in height;

• (b) Common areas;

• (c) Roadway medians and parkway areas;

• (d) Lots containing existing significant trees or other plants proposed to be preserves;

• (e) Fuel breaks;

(f) Other open space areas. (Added by Ord. 95-03, 2/14/95)

Any proposed subdivision lying wholly or partially within the coastal zone shall be designed to comply with and implement the goals, policies, and various components of the Land Use Plan of the applicable certified Local Coastal Program.

• (a) All tentative tract maps and tentative parcel maps shall be processed in compliance with the provisions of Chapter 9.69 of the Zoning Code and/or with the appropriate coastal zone regulations in any applicable specific plan, in addition to the provisions of this Chapter. Each tentative tract and tentative parcel map is considered to be a discretionary permit for purposes of compliance with Chapter 9.69 of the Zoning Code and/or with the appropriate coastal zone regulation in any applicable specific plan.

• (b) Prior to the approval of any tentative tract or parcel map, the advisory agency shall make the following finding in addition to the findings required by Sections 7.05.060 and 7.05.065: "The tentative map is consistent with the applicable certified Land Use Program and with the approved Coastal Development Permit."

If the above finding is not made or if a coastal development permit has not been approved, the tentative map shall not be approved. However, an application for a coastal development permit may accompany the tentative map and be processed concurrently with the map.

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City of Dana Point, CA § 7.08.125

DANA POINT CODE

§ 7.08.130

• (c) When the certified Local Coastal Program indicates the location of a public accessway or of any permanent open space or conservation area within the boundaries of a proposed subdivision, such accessway, open space or conservation area shall be shown on the tentative map. When an accessway, open space or conservation area is already in existence at the time a tentative map is filed, the status of such accessway, open space or conservation area, whether public or private, and/or the number, if dedicated to the City, shall be identified on the map.

When the exact location of a proposed accessway, open space or conservation area is not known at the time the tentative map is filed, a reservation, not to exceed 11/2 times the actual accessway, open space or conservation area may be shown, accompanied with a statement that the accessway, open space, or conservation area will be located within the reservation area shown.

The tentative map shall indicate whether the proposed accessway, open space or conservation area is to be private or public, in compliance with the LCP, and who will be responsible for the operation and maintenance of such accessway, open space or conservation area.

Prior to recordation of the final map, the offer of dedication or easement for the accessway, open space or conservation areas that are proposed to be dedicated to the City shall be submitted to the Director. Within 15 working days after the documents have been submitted to the Director, the advisory agency shall make the following findings, if appropriate:

• (1) The exact location of the accessway, open space or conservation area is within the reserved area shown on the approved tentative map;

  • (2) The accessway, open space or conservation area is consistent with the Land Use Plan of the certified LCP; and

  • (3) All of the proposed language of the document, including any accompanying maps and conditions, complies with all applicable policies and programs of the City.

• (d) When a tentative map accompanies or follows a coastal development permit, the period of validity of the approval of the tentative map and of any extension of time shall be concurrent with the period of time during which the coastal development permit or any extension thereof is valid.

• (e) After the final map and the dedication documents have been recorded, the Director shall forward a copy of the recorded documents, together with a copy of the approved tentative map, a copy of the coastal development permit and all applicable conditions and findings of approval to the Executive Director of the Coastal Commission.

• (Added by Ord. 95-03, 2/14/95)

• (a) Any proposed subdivision fronting upon a public waterway, river or stream shall be designed so as to provide reasonable public access by fee or easement from a public highway to and along that portion of the bank of the river or stream bordering or lying within the proposed subdivision. The extent, width and character of the public easement shall be reasonably defined to achieve reasonable public use of the public waterway, river

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City of Dana Point, CA § 7.08.130

SUBDIVISIONS

• (b) The governmental entity to which the access route will be offered for dedication shall be indicated on the map.

• (c) In determining what is reasonable public access, the following factors shall be considered:

  • (1) That the easement may be for a foot trail, bicycle trail or horse trail;

  • (2) The size of the subdivision;

  • (3) The type of riverbank and the various appropriate recreational, educational and scientific uses, including, but not limited to, swimming, boating, diving, fishing, waterskiing, scientific collection and teaching; and

  • (4) The likelihood of trespass on private property and reasonable means of avoiding such trespass.

• (Added by Ord. 95-03, 2/14/95)

• (a) Any subdivision proposed to be located in an area shown in the General Plan to be a high or extreme fire hazard area shall provide appropriate fire protection by means of firebreaks, fuel modification programs, access roads, sufficient water supply, landscaping and open spaces, and such other methods that the Fire Chief has determined will ensure the public health, safety and welfare of the future occupants of the subdivision and the adjacent area.

• (b) The design of any required fuel modification program shall include landscape architectural planning encompassing visual quality standards, watershed impact and erosion control and wildlife impact and other design features described in the fire hazard reduction design criteria. Said program shall include provisions for landscape architectural construction observation, inspection and maintenance.

• (c) The cost of the design and implementation of any fuel modification program shall be the responsibility of the subdivider.

• (d) A method or procedure for assuming continued maintenance of any required fuel modification program shall be provided by the subdivider and approved by the Fire Chief and the Director.

(Added by Ord. 95-03, 2/14/95)

• (a) Areas proposed to be subdivided which are known to be dangerous by reason of geological conditions, unstable subsurface conditions, groundwater or seepage conditions, flood hazard, inundation or erosion by the ocean, or any other dangerous conditions, shall be approved for subdivision only when the Subdivision Committee finds that such conditions or hazards are to be removed or that appropriate measures or controls will be applied which will assure adequate protection to the subject property and to surrounding uses and improvements.

• (b) Areas proposed for subdivision in FP-1, FP-2 and FP-3 Districts as defined in Chapter 9.31 of the Zoning Code shall provide for flood protection meeting the criteria set forth in the

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City of Dana Point, CA § 7.08.140

DANA POINT CODE

§ 7.08.145

said regulations for all building sites. Flood elevation data adequate for such determination shall be provided for all subdivision proposals adjacent to or encroaching into FP Districts as provided in Chapter 9.31 of the Zoning Code.

(Added by Ord. 95-03, 2/14/95)

• (a) The Subdivision Committee may approve or conditionally approve tentative maps which deviate from the standards of design contained in the following sections:

  • 7.08.030 Lots/Parcels.

  • 7.08.035 Arterial Highways.

  • 7.08.045 Restricted Access to Highways.

  • 7.08.050 Street Widths.

  • 7.08.055 Dead-End or Cul-de-Sac Streets.

  • 7.08.060 Local Street and Highway Grades.

  • 7.08.065 Curved Local Street and Highway Radii.

  • 7.08.075 Local Street and Highway Corner Cutoffs and Corner Radii.

  • 7.08.080 Sidewalks and Pedestrianways.

  • 7.08.085 Bicycle and Equestrian Trails.

  • 7.08.090 Street Lighting.

  • 7.08.095 Underground Utility Lines.

  • 7.08.110 Man-Made Slopes.

  • 7.08.120 Landscaping and Screening.

  • 7.08.135 Fire Protection.

• (b) The deviations from the standards of design contained in the Sections listed in Subsection (a) of this Section shall be identified by a note on the face of the tentative map, and the subdivider shall submit evidence of justification for each deviation.

• (c) Special circumstances which may be cited to justify a deviation from the standards of design listed in Subsection (a) of this Section include, but are not limited to, the character of the community, alternative means of pedestrian circulation, environmental considerations, physical constraints, existing nearby uses, and a limited amount of ultimate traffic.

• (d) A deviation from any of the standards listed in Subsection (a) of this Section may be approved only if the Subdivision Committee makes the following findings:

  • (1) That the requested deviation(s) will not have any detrimental impact on the health, safety or welfare of the residents or tenants of the proposed subdivision or the

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City of Dana Point, CA § 7.08.145

SUBDIVISIONS

• (2) That the requested deviation(s) will not result in a subdivision which would be incompatible with the pattern of surrounding development;

  • (3) That the requested deviation(s) will not negatively impact the carrying capacity of the local vehicular circulation network;

  • (4) That the requested deviation(s) is necessary in order to create a land plan that is sensitive to environmental or physical constraints on or adjacent to the project site;

  • (5) That the requested deviation(s) will not result in any obstacles to the normal pedestrian circulation patterns;

  • (6) That the requested deviation(s) will create an enhanced site design that is clearly superior to a subdivision that would be built in accordance with the required standard(s).

• (e) The Subdivision Committee shall take specific action on each requested deviation. Deviations not specifically approved shall be considered to be disapproved.

• (Added by Ord. 95-03, 2/14/95)

Areas proposed for subdivision in floodplains shall comply with the following:

• (a) All subdivision proposals shall be consistent with the need to minimize flood damage.

• (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

• (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

• (d) Base flood elevation data shall be provided for subdivision proposals and other proposed development.

(Added by Ord. 95-03, 2/14/95)

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City of Dana Point, CA

SUBDIVISIONS

§ 7.10.010

§ 7.10.025

CHAPTER 7.10 DEDICATION