Concord Municipal Code Art. I Design and Improvements

This article establishes standards for the general layout and configuration of subdivisions and the design and construction of physical improvements to serve the subdivision.

(Ord. No. 17-9 (Exh. A))

(a) Consistency with city plans, policies, and regulations. The design of a subdivision and its related improvements shall be consistent with the general plan, any applicable specific plan or area plan, the Municipal Code, and any other city plans, policies, or regulations adopted to give effect to the general plan.

(b) Consistency with standard plans and specifications.

(1) All subdivision improvements shall be designed and constructed in conformance with the standard plans and specifications, any applicable utility master plan, and the standards of any utility company involved in the subdivision project.

(2) The City Engineer has the authority to determine the appropriate final improvement design in the case of any uncertainty, variability, or conflict between improvement design options.

(c) Basic design goals. A subdivision and its related improvements shall be designed to:

(1) Provide for buildable lots that can accommodate development consistent with applicable Development Code requirements;

(2) Provide for a logical network of streets, bicycle, and pedestrian facilities that are connected to adjacent development and destinations;

(3) Avoid impacts to important environmental resources;

(4) Minimize exposure to flood, fire, landslides, and other natural hazards; and

(5) Ensure that subdivisions are adequately served by water, sewer, stormwater, and other essential public utilities.

(d) Design modifications. The city may approve a modification to the subdivision design and improvement standards in this chapter as provided in Section 17.20.070 (Design modifications).

(Ord. No. 17-9 (Exh. A))

The design of all subdivisions shall comply with the standards below unless the city approves a design modification as provided in Section 17.20.070 (Design modifications).

(a) Parcel design.

(1) Buildable parcel. Each proposed parcel shall be determined by the city to be “buildable” with at least one building site that can accommodate a structure in compliance with the Development Code.

(2) Parcel dimensions.

a. The dimensions (area, width, and depth) of parcels shall conform with minimum requirements of the applicable zoning district as specified in the Development Code, except that flag lots may be created in accordance with subsection (a)(6) of this section (Flag lots).

b. The minimum parcel dimensions in the Development Code shall not apply to condominiums, condominium conversions, and townhouses, but shall apply to the creation of the original parcel that is the location of the condominium or townhouse.

(3) Parcel line orientation. The sidelines of parcels shall generally be at right angles to the street which the parcel faces, or radial, or approximately radial if the street is curved.

(4) Street frontage and access.

a. Residential parcels shall have frontage on, and take direct access from a public or private street or a shared open space such as a courtyard, plaza, or pedestrian walkway. An alley is not considered a street for the purpose of this requirement.

b. Commercial or industrial parcels shall either have public-street frontage or appropriate access provided by way of common/reciprocal easement, such as in a shopping center or similar commercial development.

c. All street frontage requirements shall be consistent with city specific plans, design guidelines, and other adopted plans and policies of the City of Concord.

(5) Double frontage parcels.

a. Except for corner parcels, parcels may only front on more than one street (double-frontage lot) where necessitated by location of adjacent community or regional street, topography, or other unusual conditions.

b. The city may restrict access and/or require fencing, walls, or plantings in such instances to limit street access to a single street.

(6) Flag lots.

a. Use of flag lots shall be minimized and limited primarily to situations where use of a standard frontage configuration is undesirable due to unique site conditions.

b. New flag lots shall not be created by a parcel map in developed areas where these lots are not in character with the surrounding neighborhood and the existing pattern of development.

(7) Boundary line divisions. A parcel may not be created that is divided by a city, county, school district, service district, or other taxing district boundary line.

(8) Remnants and reserve strips.

a. Parcels shall be designed to minimize creating unusable and/or access constrained remnants of land due to the position of streets, creeks, wetlands, or other development constraint.

b. Any reserve strip, land locked parcel, or property unsuitable for subdividing shall be maintained as common area within the subdivision. Alternatively, the city may require the subdivider to dedicate such property to the city or other appropriate entity for public use.

(b) Streets and circulation.

(1) General plan compliance. The layout, design, and construction of streets shall comply with the general plan and support a transportation network that:

a. Encourages healthy, active living;

b. Provides a range of transportation options;

c. Reduces the impacts of transportation on climate change;

d. Supports environmentally-friendly transportation options; and

e. Provides safe, comfortable transportation options for residents, workers, and visitors.

(2) Complete streets.

a. Streets shall comply with the city’s complete streets policies contained in the general plan and any applicable specific plan.

b. Streets shall meet the needs of multiple users, including motorists, bicyclists, pedestrians, transit users, and persons of different physical capabilities.

(3) Green streets and infrastructure. Streets shall incorporate green street and infrastructure measures such as canopy trees, vegetated swales, permeable pavements and other measures as required by the City Engineer to capture, infiltrate, and treat stormwater before it enters the storm drain system.

(4) Street types and dimensions. The design and construction of streets shall be consistent with the city’s standard plans and specifications for permitted street types, except as provided in subsection (b)(5) of this section.

(5) Private street. Private streets shall comply with public street standards unless the city approves a design modification in compliance with Section 17.20.070 (Design modifications).

(6) Block length and internal connections.

a. Where possible, subdivisions shall use a system of interconnected streets with shorter blocks to diffuse traffic and allow residents multiple ways to get to and from their homes. Longer street segments may be allowed where topography or other site constraints limit street design options.

b. Block lengths and street networks in new subdivisions shall comply with the Concord reuse project area plan and other applicable city specific plans and area plans.

(7) Dead-end streets.

a. Subdivisions shall not include dead-end streets except where through streets cannot be provided because of existing development, environmental features requiring protection (e.g., a creek channel), or to accommodate infill subdivisions on physically constrained properties.

b. The length of a dead-end street shall not exceed 300 feet, as measured from the center of the closest intersection to the furthest extent of the dead-end street.

c. Dead-end streets shall provide a suitable vehicle turn-around consistent with the standard plans and specifications or as approved by the City Engineer.

(8) Cul-de-sacs and hammerheads.

a. Cul-de-sacs and hammerheads should generally be avoided to support an interconnected street network with subdivisions.

b. The city may allow cul-de-sacs and hammerheads when necessary to accommodate infill subdivisions on physically constrained properties or to advance the city’s subdivision design goals described in Section 17.20.020(c) (Basic design goals).

c. Cul-de-sacs and hammerheads shall be designed and constructed in conformance with the standard plans and specifications. The use of cul-de-sacs versus hammerheads shall reflect input from and the requirements of the Contra Costa County Fire Protection District.

d. Where feasible, pedestrian and bicycle paths shall be provided from the end of a cul-de-sac or hammerhead to an adjacent street.

(9) Connections to adjacent property.

a. The street system shall be extended to the boundaries of the subdivision as necessary to allow for the logical extension of public streets to adjacent properties.

b. For a residential subdivision boundary abutting developed land, streets intersecting the boundary shall align and connect with all adjoining streets.

c. Where the subdivision adjoins undeveloped land, streets in the subdivision shall extend to the adjoining unsubdivided land to provide access to the unsubdivided land in the event of its future subdivision.

d. In the case of stub end streets extending to the boundary of the property, a barricade, the design to be approved by the City Engineer, shall be constructed at the end of the stub end street, pending the extension of the street into adjoining property. A suitable vehicle turn-around shall also be provided at the end of the stub end street as approved by the City Engineer.

(10) Traffic management techniques and pedestrian safety.

a. When determined necessary by the city, streets shall incorporate neighborhood traffic management techniques, such as traffic circles, narrow lanes, and bulb-outs in residential areas. Such techniques should be evaluated to ensure they improve bicycle and pedestrian travel without compromising the overall connectivity of the roadway network.

b. Streets shall be designed and constructed to facilitate safe crossings, including accessible curb ramps, crosswalks, refuge islands, and pedestrian signals, and shall meet the needs of persons with disabilities and people of different ages.

(11) Lot access.

a. All buildable lots within a subdivision shall have access to a public or private street or to a shared open space such as a courtyard, plaza, or pedestrian walkway.

b. Street access requirements do not apply to condominiums, condominium conversions, and townhouses, but shall apply to the original parcel that is the location of the condominium or townhouse.

c. Condominium units and other lots that do not front on a public or private street shall provide direct pedestrian access to a public or private street.

(12) Direct access to major streets for residential lots. Direct access to community and regional streets shall be restricted for new single-family residential lots, except in special circumstances when determined appropriate by the City Engineer. The City Engineer may also require that access controls be applied to new lots in other subdivisions when necessary to address specific traffic safety needs.

(13) Control of traffic speeds through road design.

a. Road design shall be used to control traffic speeds in neighborhoods where necessary.

b. Appropriate design features may include jogs in the street pattern, traffic circles, narrowed streets and/or narrowing at intersections (neck-downs), median islands, provisions for on-street parking, or other features as approved by the City Engineer.

(14) Street and traffic signs. The subdivider shall install traffic controls and signals, pavement markings, and street name signs at all intersections in conformance with the city’s standard plans and specifications and as required by the City Engineer.

(15) Street lights.

a. All subdivisions shall provide street lighting facilities designed and constructed in compliance with the city’s standard plans and specifications.

b. The subdivider shall pay for street light maintenance on decorative fixture lighting as required by the city.

(16) Street trees.

a. The subdivider shall plant street trees at 30 feet on center, or as otherwise approved by the Planning Commission, along streets all within and bordering the subdivision.

b. The trees shall be of a species and size approved by the Planning Commission in accordance with the street tree master plan or applicable design guidelines for each particular street.

c. The exact location, species, and size of trees approved to be installed shall be shown on the project landscape plans.

d. The subdivider shall maintain street trees in accordance with the project landscape plans.

(17) Street names. The City Council shall approve all subdivision street names as described below.

a. Subdivider proposal.

1. The subdivider shall propose street names as part of the tentative map or tentative parcel map application.

2. At least two street name options shall be submitted for each new street, listed in the order of preference.

b. Street naming guidelines. The subdivider and city shall consider the Contra Costa County street naming guidelines when selecting street names.

c. City review and approval.

1. The city shall circulate all proposed street names to the Police Department, Fire Department, and U.S. Postal Service for comment in order to avoid name conflicts or duplications.

2. For major subdivisions, the Planning Manager shall recommend to the City Council approval of the street names proposed by the subdivider or alternative street names as deemed necessary to comply with the Contra Costa County street naming guidelines and any City of Concord street naming standards, guidelines, or policies. The City Council shall consider the Planning Manager’s recommendation and approve street names for all major subdivisions concurrently with the approval of the final map.

3. For minor subdivisions, the City Engineer shall approve street names concurrently with the approval of the parcel map based on a recommendation of the Planning Manager and input from the Police Department, Fire Department, and U.S. Postal Service.

4. Approved street names shall become final with construction of the street or recordation of the final map or parcel map, whichever comes first. In the case of an approved subdivision project that is abandoned, street name approvals shall expire along with expiration of the related tentative map or tentative parcel map.

(c) Natural resources.

(1) Municipal Code compliance. All subdivisions shall be designed to allow development consistent with Municipal Code provisions protecting natural resources, including but not limited to Chapters 8.40 (Trees and Shrubs), 18.305 (Creek and Riparian Habitat Protection) and 18.310 (Tree Preservation and Protection).

(2) General plan compliance.

a. All subdivision map applications shall be accompanied by information and materials that identify the type and location of important natural resources located within or adjacent to the proposed subdivision. Important natural resources include creeks, riparian corridors, surface waters, regulatory floodways, marshes, wetlands, tidal areas, water supplies, wildlife habitat, special status species, significant vegetation, and other resource areas as identified in the general plan or other city plan, policy, or ordinance.

b. The city may approve a subdivision map only if it is designed to allow development consistent with general plan policies to protect important natural resources located within or adjacent to the proposed subdivision.

c. The city may attach conditions as necessary to the approval of a subdivision map to achieve consistency with general plan policies to the greatest extent possible in accordance with the California Environmental Quality Act (CEQA).

(3) Public access. Each proposed subdivision shall be designed and constructed to provide public access to waterways, lakes, and reservoirs in compliance with Government Code Chapter 4, Article 3.5 (Public Access to Public Resources).

(d) Energy conservation. To the extent feasible, all subdivisions shall be designed to provide maximum opportunities for energy conservation, including future passive or natural heating or cooling opportunities, in compliance with Government Code Section 66473.1.

(e) Grading and erosion control. All subdivisions shall allow for development consistent with grading and erosion control requirements as specified in Chapter 16.10 (Grading, Erosion and Sedimentation Control), any city grading guidelines, and the California Building Code.

(Ord. No. 17-9 (Exh. A))

All subdivision improvements shall be designed and installed as required below unless the city approves a design modification as provided in Section 17.20.070 (Design modifications).

(a) Bicycle facilities.

(1) The subdivider shall install bicycle facilities (i.e., bike paths, lanes, routes, and other bike improvements) to implement the recommended bikeway network in the Bicycle, Pedestrian and Safe Routes to Transit Plan and trails master plan.

(2) The subdivision shall facilitate nonmotorized modes of transportation with bicycle facilities that provide connections to:

a. Adjacent public streets where a standard street connection is not available or desired, such as from the end of a cul-de-sac; and

b. Adjacent destinations, including but not limited to parks, trails, open space, schools, shopping, and employment centers.

(3) The city may require bicycle improvements, including but not limited to bicycle storage, traffic calming measures, intersection bikeway crossings, and wayfinding signage, as necessary to conform to the general plan, downtown specific plan, Concord reuse project area plan, and other city plans and studies.

(4) The design and specifications of bicycle improvements shall conform with the City of Concord standard plans and specifications, the Bicycle, Pedestrian and Safe Routes to Transit Plan, the trails master plan, and other applicable city plans, policies, and ordinances. The city may require bicycle improvements to incorporate design features specified in the City of Concord safe routes to transit: bicycle and pedestrian facility design guidelines.

(b) Communications and fiber optics.

(1) The subdivider shall install conduit and related equipment necessary to provide communications, cable, and fiber optic service to each developable parcel.

(2) The design and specifications of communication and fiber optic equipment shall comply with city standards and with the requirements of the manufacturer of the communications equipment.

(c) Fire hydrants. The subdivider shall install fire hydrants, with their associated underground water pipes, of sizes, locations, and flow capacities as required and approved by the Contra Costa County Fire Protection District.

(d) Frontage improvements.

(1) The frontage of each parcel shall be improved to its ultimate adopted geometric section, including but not limited to street structural sections, curbs, gutters, sidewalks, driveway approaches, transitions, and landscaping.

(2) Frontage improvements shall be installed in accordance with Section 18.150.050 (Frontage improvements).

(e) Public utilities.

(1) Each parcel within a subdivision shall be served by public utilities, including gas, electric, telephone, cable television, and fiber optic facilities.

(2) All public utilities shall be installed underground in accordance with the utility’s rules and regulations on file with the California Public Utilities Commission and Chapter 13.10 (Underground Utilities).

(3) Equipment appurtenant to underground facilities, such as transformers, streetlight poles, pedestal-mounted terminal boxes, and meter cabinets and concealed ducts, may be installed above the surface of the ground.

(4) All existing overhead distribution facilities within a proposed subdivision and along peripheral streets shall be replaced with underground distribution facilities at the subdivider’s expense in compliance with Chapter 13.10 (Underground Utilities) and the specifications of the utility involved.

(f) Sanitary sewers.

(1) Each parcel within a subdivision shall be connected to the municipal sewer collection system as required by Chapter 13.05 (Sewer System) and in compliance with the City of Concord sewer system management plan.

(2) Sanitary sewer facilities shall be installed in accordance with the City of Concord standard plans and specifications and the Central Contra Costa Sanitary District.

(3) The location and size of sanitary sewer facilities, including pipe lines, grades, manholes, and rodding inlets, shall be as approved by the City Engineer.

(4) Sanitary sewer facilities shall be installed to the end of new paving on any street that might need a water or sewer extension to avoid the need for a trench cut in new paving.

(5) Easements not less than 15 feet in width shall be provided within the subdivision where required for construction and maintenance of facilities.

(6) The city may permit a functioning septic system to continue to serve a subdivided parcel in accordance with Section 13.05.090(a)(2).

(g) Sidewalks and pedestrian facilities.

(1) Sidewalks shall be installed on both sides of new streets consistent with the City of Concord standard plans and specifications for the applicable street type.

(2) The subdivider shall install sidewalks as necessary to implement the recommended sidewalk network in the Bicycle, Pedestrian and Safe Routes to Transit Plan and trails master plan.

(3) The subdivider shall install additional pedestrian improvements, including but not limited to marked crosswalks, curb extensions, curb ramps, median refuge islands, and lighting, as necessary to provide for a safe and convenient network of pedestrian walkways consistent with the Bicycle, Pedestrian and Safe Routes to Transit Plan, the trails master plan, the general plan, and other city plans and studies.

(4) The subdivision shall facilitate pedestrian connections to the adjacent street network and nearby destinations, including but not limited to parks, trails, open space, schools, shopping, and employment centers.

(5) The design and specifications of pedestrian improvements shall conform with the City of Concord standard plans and specifications, the Bicycle, Pedestrian and Safe Routes to Transit Plan, the trails master plan, and other applicable city plans, policies, and ordinances. The city may require pedestrian improvements to incorporate design features specified in the City of Concord safe routes to transit: bicycle and pedestrian facility design guidelines.

(h) Stormwater drainage.

(1) Stormwater runoff discharge off site must comply with all requirements of the current municipal regional permit (MRP) issued by the California Regional Water Quality Control Board, San Francisco Bay Region, and the Contra Costa County Clean Water Program with respect to treatment, hydrograph modification, trash removal, and other similar requirements.

(2) Stormwater runoff from the subdivision shall be collected and conveyed by an approved storm drain system.

(3) The storm drain system shall be designed for ultimate development of the watershed. The storm drain system shall provide for the protection of adjoining and off-site properties that would be adversely affected by any increase in runoff attributed to the development. Off-site storm drain improvements may be required to satisfy this requirement.

(4) Any increase in runoff volume and flows shall be managed in accordance with the development runoff requirement.

(5) Storm drain improvements and facilities shall be maintained by the property owner, property owners’ association, and/or equivalent maintenance entity.

(i) Trails.

(1) The subdivider shall install trails and trail improvements in accordance with the trails master plan, the general plan, and other applicable city plans, policies, and ordinances.

(2) The design and specifications of trails and trail improvements shall conform with the City of Concord standard plans and specifications, the trails master plan, and other applicable city plans, policies, and ordinances.

(j) Transit facilities.

(1) Appropriate accommodations shall be provided to offer residents and/or workers of the subdivision safe, efficient, and convenient access to public transportation, including but not limited to BART trains, BART shuttles, and local and regional bus service.

(2) Bus-stop pullout shall be provided when a subdivision is adjoining a street with an existing or planned fixed transit route, adjoining a street that is identified on a master plan of local or regional bus service agency as a future service route, or when it is likely that transit service will be extended along an adjoining street or new street in the subdivision in the future by any local or regional transit agency.

(3) This requirement may be waived if it is determined by the approval authority that an existing bus stop is available to serve the residents of the subdivision.

(4) Passenger amenities should be provided to enhance the comfort and safety of waiting passengers.

(k) Water supply.

(1) Each parcel intended for development shall be served by an approved water system connection capable of providing sufficient flows and pressure for domestic use and required fire protection.

(2) Water supply facilities shall be installed in accordance with the standards and specifications of the Contra Costa Water District and requirements of the city.

(3) The location and size of pump station reservoirs, water pipes, valves, and ancillary facilities shall comply with the requirements of the Contra Costa Water District and as approved by the City Engineer.

(4) Water lines shall be installed to the end of new paving on any street that might need a water or sewer extension to avoid the need for a trench cut in new paving.

(5) Easements, when required, shall comply with the requirements of the Contra Costa Water District.

(l) Recycled water. To the extent possible, the subdivider shall provide each parcel intended for development access to a recycled water system for landscape irrigation consistent with Contra Costa Water District requirements.

(m) Other improvements. The city may require the subdivider to install other improvements as necessary to achieve consistency with the general plan and city specific plans.

(n) Off-site improvements.

(1) If the subdivider is required to construct off-site improvements on land in which neither the city or the subdivider have sufficient title or interest to allow construction, the city shall, within 120 days of recording the final map or parcel map, acquire by negotiation or commence condemnation of the land.

(2) If the city fails to meet the 120-day time limit, the condition for the construction shall be waived.

(3) Prior to approval of the final map or parcel map, the city may require the subdivider to enter into an agreement to complete the off-site improvements at the time the city acquires title or interest in the land.

(4) The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements.

(Ord. No. 17-9 (Exh. A))

(a) Maintenance district/association required. A formal maintenance district, property owners’ association, and/or equivalent maintenance entity shall be created when determined necessary by the city to ensure proper ongoing maintenance of improvements utilized in common, including private street lighting, landscaping, street trees, storm drain facilities, walls and fences, parking areas, bicycles and pedestrian facilities, private parks and playgrounds, and other improvements not specifically accepted by the city.

(b) City approval. The city shall review and approve the conditions, covenants, and restrictions (CC&Rs) for a subdivision with improvements utilized in common to ensure proper maintenance and management of the improvements.

(c) Subdivider responsible for costs. The subdivider shall be responsible for all costs and fees associated with the formation of the maintenance district/association. Formal arrangements for creation of the required maintenance entity(s) shall be completed with recordation of a final map or parcel map.

(Ord. No. 17-9 (Exh. A))

As a condition of approval for a tentative map or tentative parcel map, the city may require the subdivider to install subdivision improvements with supplemental size, capacity, number, or length to benefit property outside the subdivision, and to dedicate those improvements to the public in accordance with Government Code Sections 66485 through 66489.

(Ord. No. 17-9 (Exh. A))

(a) Purpose. This section establishes a process by which the city may approve modifications to subdivision design and improvement standards contained in this chapter. City subdivision design and improvement standards reflect standard conditions and are not intended to be appropriate to all conditions.

(b) Eligibility. At the time of approving a tentative map or tentative parcel map, the approval authority may authorize modifications to a subdivision design and improvement standard when one or more of the following circumstances apply to the project:

(1) The modification will allow for a superior project consistent with the general plan due to unique subdivision characteristics or conditions such as the size or shape of the subdivision; unique topographic, special habitat, soil conditions; and other constraints present within the subdivision.

(2) The subdivision is located in an urban infill area with existing streets, utilities, or other public improvements that do not conform to the standards in this chapter. Modification of the standard is necessary to allow the logical and compatible extension of streets, utilities, or other public improvements due to existing conditions.

(3) The subdivision is subject to a specific plan, area plan, planned development, mixed-use plan, or condominium plan with subdivision design and improvement standards different from the standards in this chapter. Modification of the standards within this chapter is necessary to comply with these alternative standards.

(4) The subdivision must incorporate one or more mitigation measures identified in a mitigated negative declaration or environmental impact report requiring modifications to a subdivision design and improvement standard to reduce the subdivision’s environmental impacts.

(5) The subdivision will include affordable housing approved under Chapter 18.185 (Affordable Housing) and Government Code Section 65915 et seq. Modification to the standard is necessary to make the affordable housing component of the project economically feasible.

(c) Request for modification.

(1) The subdivider must request a design standard modification request as part of the tentative map or tentative parcel map application.

(2) The basis and factual information supporting the design modification request shall be clearly stated by the subdivider.

(3) Additional information may be requested by the City Engineer as necessary to evaluate the request.

(d) Approval of modification. The review authority may approve a subdivision design standard modification upon making all of the following findings:

(1) One or more special circumstances clearly apply to the subdivision as identified under subsection (b) of this section (Eligibility).

(2) With the modification, the project remains consistent with the Map Act, the general plan, and the general purpose and intent of this title.

(3) The modification does not result in a special privilege not available to others in the same circumstance.

(Ord. No. 17-9 (Exh. A))