Chapter 18.58 — Subdivision Design and Improvements

Sections:

18.58.010 – Purpose 18.58.020 – Applicability of Design and Improvement Standards 18.58.030 – Subdivision Design Standards 18.58.040 – Subdivision Improvement Requirements 18.58.050 – Site Preparation and Grading for Subdivision Construction 18.58.060 – Improvement Plans 18.58.070 – Improvement Agreement Required 18.58.080 – Improvement Security 18.58.090 – Installation of Improvements 18.58.100 – Monuments 18.58.110 – Soils Reports

• A. Requirements for the Design and Layout. This chapter establishes standards for the design and layout of subdivisions, and the design, construction, and installation of public improvements within subdivisions.

• B. Creation of New Usable Parcels. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the General Plan and any applicable specific plan.

• A. Extent of Required Improvements.

  1. Each subdivision of four or fewer parcels, and each subdivision of five or more parcels, shall provide the improvements required by this chapter, and any additional improvements required by conditions of approval.

  2. Improvements required to be installed or agreed to be installed by a subdivider as a condition precedent to the filing of a final map or parcel map shall comply with the requirements of this chapter. The improvements shall be provided and developed in compliance with the conditions imposed as a condition of approval of the tentative map or tentative parcel map in compliance with any agreement or bond made or entered into by the subdivider for that purpose, and in compliance with the standards and specifications specified by administrative regulations and ordinances of the City applicable at the time of approval of the tentative map or tentative parcel map.

B. Applicable Design Standards, Timing of Installation.

1. Construction of Off-Site Improvements. The subdivider shall construct all on- and offsite improvements in compliance with the standards approved by the City Engineer.

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2. Completion of Improvements. No parcel or final map shall be presented to the Council for approval and no parcel map shall be presented to the City Engineer for approval until the subdivider either completes the required improvements, or enters into a subdivision improvement agreement with the City for the work.

Improvements, Other Than Street Improvements.

• a. Plans, profiles, and specifications for improvements, other than street improvements, and grading and drainage plans, shall be submitted to the City Engineer not later than the time a final map or final parcel map is submitted for checking and certification. The plans shall show all details of the proposed improvements, grading, and drainage needed for approval of the plans by the City Engineer. The details may include requirements of other governmental agencies whose jurisdiction some portion of the plan may encompass. Final plans shall be submitted for approval by the City Engineer before a final map is transmitted to the Review Authority for approval or parcel map is certified for filing by the City Engineer if:

  • (1) The subdivider applies for a reimbursement agreement; or

  • (2) Another governmental agency, whose approval of plans is necessary, will not approve preliminary plans.

• b. Preliminary plans may be submitted to the City Engineer when sufficient engineering data is furnished by the subdivider to demonstrate that the preliminary design meets the City's standards and specifications, is practicable from a maintenance standpoint, and is consistent with sound engineering practices and that the final plans will conform to the preliminary plans with only minor changes.

Street Improvements.

• a. Plans, profiles, and specifications for all street improvements shall be subject to the approval of the City Engineer. The plans shall be furnished to the City Engineer no later than the time of submitting the final map or parcel map to the City Engineer for checking and shall be subject to the approval of the City Engineer before any map shall be certified by the City Engineer. The plans, profiles, and specifications shall show full details of the proposed improvements and shall be in compliance with the standards and specifications of the City Engineer. The plans shall also include the design grade for an existing highway or for a future street provided the City Engineer determines that the grade is necessary to properly locate slope and drainage easements, if any.

• b. If streets or other public ways are to be dedicated on a final map or by separate instrument before filing a parcel map and the subdivider is required to grade, pave, or install curbs, gutters, or sidewalks within the easements, the subdivider shall provide a copy of the final map or parcel map, as applicable, which delineates all structures within the easements. The maps shall be submitted to the City Engineer when street improvement plans are submitted for approval.

• c. Each street, whether public or private, shall be improved with full width grading, full height Portland cement concrete curbs and gutters, full width roadway paving, installation of incidental drainage facilities, street signs, sidewalks, street lights on public streets, and any other improvements for traffic and drainage needs as are required for the appropriate development of the division of land.

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• d. If a portion of an existing street constitutes any portion of the boundary of the division of land and the street is unimproved, or the Review Authority determines that the improvements are insufficient for the general use of the parcel owners in the division of land and for local neighborhood traffic and drainage needs, the Review Authority may require the subdivider to improve or agree to improve the street.

• e. The Review Authority may require the remodeling of an existing street. The remodeling shall be in compliance with the improvement requirements specified.

• f. Except for full width grading, the subdivider shall not be required to improve streets shown on a final map or a parcel map as future streets.

3. Other Improvement Requirements.

• a. Fencing of Watercourses or Drainage Facilities. The subdivider shall provide a chain link fence or equivalent, not less than six feet high, along each side of any portion of a dedicated right-of-way for any watercourse or drainage facility within a proposed division of land if the Review Authority finds that the location, shape, slope, width, velocity of the water, or other characteristics of the watercourse or drainage facility makes the fencing of the right-of-way necessary for the protection of the general public. The fencing shall have an adequate number of gates to facilitate cleaning and maintenance and shall not contain openings below the fence in excess of four inches vertical.

  • b. Protective Improvements. The Review Authority may require specified protective structures to be installed as are necessary for the proper functioning and maintenance of the improvements required to remove a flood or geological hazard and as are necessary for the protection of property adjacent to the division of land.

  • c. Sidewalks. Sidewalks shall be installed in compliance with City standards, except when the Review Authority specifies otherwise.

  • d. Street Trees and Plants. The subdivider shall pay the cost of trees in the parkway panels of streets and highways within or adjacent to a division of land. The type or species and location of the trees shall be determined by the City Engineer.

  • e. Temporary Improvements. Temporary improvements may be required before, or concurrent with, permanent improvements. In these instances, the temporary improvements shall be installed in a manner approved by the City Engineer.

  • f. Public Safety Improvements. All public improvements as specified by the Police Department and Fire Department shall be determined completed in accordance with city standards and the Review Authority.

  • g. Green Infrastructure Improvements. Green infrastructure improvements shall be required for all subdivisions in accordance with the City's Green Infrastructure Plan, the Municipal Regional Stormwater NPDES Permit and the requirements of the California Regional Water Quality Control Board.

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C. Subdivision Improvement Standards - Conditions of Approval.

1. The applicable subdivision improvement and dedication requirements of this chapter and any other improvements and dedications required by the Review Authority shall be described in conditions of approval adopted for each approved tentative map.

2. The design, construction, or installation of all subdivision improvements shall comply with the requirements of the City Engineer.

D.

Oversizing of Improvements.

1. At the discretion of the Review Authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the City, in compliance with the Act.

2. In the event that oversizing is required, the City shall comply with all applicable provisions of Government Code Section 66485 et seq., including the reimbursement provisions of Government Code Section 66486.

   3. If a parcel proposed for subdivision is subject to an existing reimbursement agreement, the subdivider shall pay the required reimbursement before the recordation of the parcel or final map, or the issuance of a building permit for construction on the parcel, whichever occurs first.

• E. Exceptions. Exceptions to the requirements of this chapter may be requested and considered.

• A. Applicability. Each subdivision shall be designed in compliance with the subdivision standards unless an exception is granted in.

• B. Roads and Streets. The layout, design, and construction of all proposed roads and streets shall comply with the General Plan, any applicable specific plan, and the City Street Standards Manual. Whenever the Development Code specifies the City Street Standards Manual, it shall mean the San Mateo County Road Standards Manual, maintained by the County Department of Public Works, or as approved by the City Engineer.

1. Street Alignment Plan.

• a. If the General Plan or any applicable specific plan designates a general location of a proposed street and any portion of the street may be wholly or partially located within a proposed subdivision or may be affected by a proposed subdivision before the approval of the subdivision, a specific alignment plan shall be prepared and adopted.

• b. Each street shall conform in width and alignment with that shown or indicated on the General Plan or any applicable specific plan or any standards adopted in compliance with the General Plan or specific plan.

• c. As a condition of approval of the subdivision, the subdivider shall be required to make dedications and construct reasonable improvements as required by the specific alignment plan.

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• d. The Review Authority may require that future streets and alleys be provided for the future division of parcels shown on the tentative or parcel map and for the development of adjoining property.

• e. These requirements may be waived by the Director upon recommendation of the City Engineer, if the proposed street is located upon a street line or its precise alignment cannot be otherwise determined.

2. Circulation Standards.

   • a. Streets and Street Layout. The layout, design, and construction of proposed streets shall comply with the General Plan, applicable specific plan, the Development Code, and/or other requirements that may be deemed appropriate by the City Engineer and/or Director.

   • a.

Subdivision Access.

• (1) Depending on the size of the subdivision and the length of the streets, the subdivision and each of its phases shall have a minimum of two points of vehicular ingress and egress from existing and surrounding streets.

• (2) Where the subdivider provides evidence that this access is physically impossible or a cul-de-sac is proposed, this requirement may be waived or modified by the City Engineer, after receiving a recommendation from the Fire District.

F. Additional Standards.

1. Applicable Standards. The following additional standards shall apply:

• a. Freeways, limited access, and unlimited access state highways shall conform to the standards of the California Department of Transportation and where the same are involved in any subdivision, they shall receive special attention. The standards of the California Department of Transportation shall be deemed to be the minimum standards acceptable.

  • b. Street intersections shall be as follows:

    • (1) Where one or both intersecting streets serve residential development, their intersecting right-of-way lines shall be rounded with a curve having a radius of 15 feet, unless otherwise determined by the City Engineer.

    • (2) Where one or both intersecting streets serve commercial, industrial, mixed use development, their intersecting right-of-way lines shall be rounded with a curve having a radius of 25 feet, unless otherwise determined by the City Engineer.

    • (3) Where two alleys intersect, a cutoff of not less than 10 feet at the intersection of the right-of-way lines shall be provided.

  • c. Special local streets where freeways, grade separations, parkways, railroads, or other dominant factors are involved shall receive special attention.

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• d. The alignment of streets shall provide the required frontage for each parcel in the proposed subdivision and, where necessary, to provide for the future development of adjacent properties.

• e. Centerline jogs of 150 feet or more shall be avoided wherever practicable.

• f. On any street, no centerline curve radius of less than 200 feet shall be provided.

• g.

  - Suitable tangents, when possible, shall be used between all curves. 
  

  • h. The applicable Review Authority may require that an alley be provided at the rear of parcels which are intended for multi-family residential, commercial, industrial, and/or mixed use land uses.

  • i. In areas where no official plans exist, the layout of all improvements, including curbs, gutters, parkways, planting strips, sewer lines, sidewalks, streets, street lights, trees, and private water mains located within the public rights-of-way, shall be in compliance with adopted City standards, and where no standards have been adopted, the arrangements shall be subject to review and approval by the City Engineer.

2. Interconnected Streets. Streets proposed within a new subdivision shall be interconnected and shall connect with adjacent streets external to the subdivision, to provide multiple routes for pedestrian and vehicle trips from, to, and within the subdivision, as determined by the Review Authority to be appropriate.

Street Extensions and Stub Streets.

• a. Street Extensions. Where the subdivision adjoins unsubdivided land, streets in the subdivision shall be extended to the adjacent unsubdivided land, as prescribed by the Review Authority, to provide access to the unsubdivided land in the event of its future subdivision.

• b. Stub Street Improvements.

• (1) 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 adjacent property.

  - (2) Where required by the Review Authority, a temporary connection to another street, or a temporary turnaround, shall be provided by the subdivider.
  

4. Right-of-Way and Roadway Widths. The following right-of-way and roadway widths shall apply:

   • a. Streets and alleys shall have minimum right-of-way and roadway widths as shown in the City Street Standards Manual. Alternative cross street may be used where the applicable Review Authority finds that existing improvement patterns or neighborhood design warrant use of the alternative cross streets.

   • b. In the interest of good planning and the orderly development of the City, the applicable Review Authority may, at its sole discretion, permit variations of the above minimum cul-de-sac right-of-way widths, lengths, and alignments, for good cause.

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5. Dead-End and Cul-de-Sac Streets.

   • a. Subdivision design shall not include dead-end streets (including cul-de-sacs), except where through streets cannot be provided because of existing development or an environmental feature requiring protection and/or preservation (e.g., a creek channel). The exception shall be subject to the approval of the applicable Review Authority.

   • b. Where a subdivision is allowed to include a dead-end street design , the street shall be designed to end in a cul-de-sac, rather than a hammer head, designed and constructed in compliance with adopted City standards.

   • c. The length of a dead-end street shall not exceed a distance of more than 500 feet, and as determined by the Fire District based on consideration of specific street conditions. The length shall be measured from the center of the closest intersection to the center of the cul-de-sac bulb. Dead-end streets shall provide a suitable turn-around designed with a minimum diameter of 96 feet between rightof-way lines, and as determined to be suitable on a case-by-case basis, in coordination with the Fire District and to the satisfaction of the City Engineer.

6. Intersection Design. All streets shall normally intersect as nearly as possible at right angles, except when it can be shown that any other street pattern will improve the design of the subdivision without hindering traffic safety to the satisfaction of the City Engineer.

7. Street Grades. Streets shall have a grade of not less than four tenths of one percent or more than 10 percent, except where the applicable Review Authority, upon the advice of the City Engineer, determines that a modification to the grade limitations is appropriate.

Street Dedications.

• a. A street that is not constructed to City standards will not be accepted by the City for dedication as a public street.

• b. Even a street that complies with all applicable City standards may not be accepted for dedication.

  • c. Acceptance of street dedication is subject to the recommendation(s) of the City Engineer and the approval of the Review Authority.

9. Sidewalk Standards. All sidewalks shall be designed, constructed, and continuously maintained in compliance with the City Standard Plans and Specifications, subject to approval by the City Engineer.

10. Private Street Standards. All private streets shall be designed, constructed, and continuously maintained in compliance with the City of East Palo Alto and Menlo Park Fire Protection District standards.

11. Pedestrian Walkways Away from Street Frontages.

• a. As part of subdivision approval, the Review Authority may require dedicated and improved pedestrian walkways in locations away from street frontages where necessary to provide safe and convenient pedestrian access to a public facility or to otherwise provide convenient connections between existing pedestrian routes.

• b. Where walkways are required, the City Engineer shall specify the standards for their design, location, and construction.

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12. Distance Between Driveways. There shall be a minimum clear separation of 20 feet between all driveways, measured at the point where the outer edge of the driveway apron meets the street.

13. Guest Parking Standards. Provisions for suitable off-street guest parking shall be designed, constructed, and continuously maintained.

14. Outdoor Lighting Standards. Outdoor lighting shall be designed, constructed, and continuously maintained.

15. Sign Standards. All signs, including the placement and maintenance of signs on private streets, shall be designed, constructed, and continuously maintained.

• G. Parcel Design. The arrangement, shape, and size of proposed parcels shall comply with this Article, the Development Code, and with any General Plan policy, any specific plan requirement, or other Municipal Code provisions which apply to subdivisions.

  1. General Parcel Design Standards.

     • a. Each proposed parcel shall be determined by the Review Authority to be “buildable” because it contains at least one building site that can accommodate a structure.

     • b. No parcel shall be created that is divided by a City, County, school district, or other taxing district boundary line.

     • c. If a proposed parcel is located in more than one zone classification, then the area, depth, and width of the parcel shall be in compliance with the minimum requirements of the most restrictive zone classification.

     • d. The parcel area, depth, and width requirements shall not apply to any parcel which the subdivider offers to deed or dedicate to the public.

     • e. Easements intended for vehicular access and parkways required by the City shall not be included in the determination of the area, depth, and width of the parcel.

• f. No subdivision shall be approved which leaves unsubdivided islands, strips or parcels, or property unsuitable for subdividing, which is not either accepted by the City or other appropriate entity for public use, or maintained as common area, within the boundaries of the subject development.

2. Parcel Area, Depth, and Width Requirements.

• a. Compliance with Article 2 Required. The minimum area, depth, and width for new parcels shall be as specified for the applicable zone, except as otherwise provided by this chapter.

• b. Minimum Parcel Area Requirements for Common Interest Projects. The minimum parcel area requirements shall not apply to individual condominiums, condominium conversions, and townhouses, but shall apply to the creation of the original parcel(s) that is the location of the condominium or townhouse development.

• c. Planned Development Permit Projects. Minimum parcel size requirements may be reduced below that required in order to permit greater density, if

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additional open space, beyond that required by the Development Code is provided through the approval of a Planned Development Permit.

• d. Modifications. The Review Authority, in the exercise of sound reasonable judgment after proof of necessity has been presented and after a finding by a majority of the members of the Review Authority that a modification(s) to the requirements is necessary by reason of the size, shape, topography, or other conditions of the property within the subdivision or of adjacent property, may, by majority vote grant a modification(s) that is not prohibited by this Article, or the Act, and that is not inconsistent with the General Plan.

3. Dimensions. The dimensions of new parcels shall comply with the applicable provisions of Article 2 or as otherwise required by the Review Authority.

4. Lot Line Orientation. Side lot lines shall be at right angles to the street on straight streets and shall be approximately radial on curved streets.

5. Parcel Configuration. The layout of proposed parcels and streets shall be designed to use land efficiently and minimize site disturbance in terms of cuts and fills and the removal of vegetation. See also the parcel design provisions regarding energy conservation.

   • a. Street Frontage Required. Each proposed parcel shall have frontage on a public street. The frontage width shall be at least the minimum parcel width required by the applicable zone, except where a flag lot is approved by the applicable Review Authority.

   • b.

Double-Frontage Parcels

  - (1) Newly proposed double-frontage parcels with streets located along both the front and rear parcel lines are prohibited. 

  - (2) For existing double-frontage parcels, the Director shall determine which frontage(s) shall be considered as the "parcel front" or "parcel frontages" for the purposes of compliance with the minimum setback requirements. 

• c. Flag Lots.

• (1) Flag lots are strongly discouraged and may be approved only where the Review Authority first determines that unusual depth or other characteristics of a parcel to be subdivided prevents one or more proposed parcels from having a frontage width equal to the minimum parcel width requirements.

  - (2) Where allowed, the “flag pole” portion of a flag lot shall have a minimum unobstructed width of 20 feet. The Review Authority may require additional width depending upon the length of the flag pole and traffic safety sight distance considerations.
  

Open Space Requirements.

• a. Provision of Private Open Space. Every parcel within a subdivision shall provide for a minimum of 150 square feet of dedicated permanent private open space located within the parcel. The measurement of the minimum private open space shall not include front or side setback areas. The Review Authority shall have the authority to modify this open space requirement.

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  - b. **Increase in Allowable Dwelling Unit Sizes with the Provision of Additional Open Space.** Maximum dwelling unit sizes may be increased if the subdivision proposes to offer a corresponding amount of additional permanent private open space beyond that required by the Development Code.  For example, if an applicant/subdivider is only allowed 2,000 square feet of livable area, but wants 2,500 square feet, the City may grant the additional 500 square feet if a corresponding amount of additional usable private open space is provided within the project.  The process to achieve this modification is the Planned Development Permit process. 

• H. Energy Conservation. Each proposed subdivision shall be designed to provide maximum opportunities for energy conservation, including opportunities for passive or natural heating or cooling opportunities, and optimum solar energy orientation in compliance with Government Code Chapter 66473.1 and as follows.

  1. Street Layout. The streets proposed in a subdivision shall be planned in a primarily east-west orientation where feasible.

  2. Parcel and Building Site Design. Proposed parcels shall be designed, where feasible, to provide building sites that allow the orientation of structures in an east-west alignment for southern exposure, and to take advantage of existing shade or prevailing breezes.

• I. Environmental Health. Lands to be subdivided for residential, park, playground, or land recreation purposes may be subject to environmental quality standards as established by ordinances and regulations of the different departments and agencies within the City.

J.

Fire Protection.

1. Subdivision design shall provide for safe and ready access for fire and other emergency vehicles and for routes of escape to safely handle evacuations. The design, construction, and continual maintenance of all on-site means of emergency vehicle access shall ensure suitable access, including properly sized turnaround areas, subject to the review and approval of the Fire District.

2. The subdivision shall be served by water supplies for community fire protection in compliance with the standards established by the Fire District.

3. In hazardous fire areas, all flammable or combustible vegetation shall be removed from around all structures, in compliance with Fire District requirements. Where erosion is probable, the slopes shall be planted with fire resistive ground cover.

K.

Exceptions.

1. Conditional exceptions to the standards and regulations specified in this chapter may be authorized by the Review Authority, and only if exceptional or special circumstances apply to the subject property.

2. The special circumstances may include extreme topographic elements, limited size, dominating drainage problems, unusual shape, or the impracticability of employing a comprehensive plan or layout by reason of the prior existing recorded subdivision of contiguous properties.

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• A. General Improvement Installation. All culverts, curbs, drainage structures, fire hydrants, gutters, pavements, sanitary sewer lines, sidewalks, public or private streets, traffic signals, street lights, street name signs, and water mains shall be installed by and at the cost of the subdivider when not prohibited by the Act, and shall conform to grades and specifications established and approved by the City.

• B. Bicycle/Walking Paths and Hiking/Equestrian Trails. The subdivider shall construct bicycle paths, multiple use trails, and/or access to multiple use trails within an approved subdivision in compliance with the Circulation, and Open Space, and Conservation Elements of the General Plan and any applicable specific plan.

• C. Bridges and Major Thoroughfares. The City may assess and collect fees as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares in compliance with the Act and this Article, after the City has established a master plan for bridge crossings and major thoroughfares.

• D. Fire Hydrants. The subdivider shall supply and install fire hydrants, along with their associated underground water pipes, of sizes and locations as required and approved by the City Engineer and Fire District, and in compliance with this chapter.

• E. Monuments. The subdivider shall supply and install monuments in compliance with the requirements of the Act, the City Engineer, and this chapter.

• F. Private Facilities – Maintenance. A subdivision with common area(s) or private streets shall have conditions, covenants, and restrictions (CC&Rs) approved by the applicable Review Authority, upon the review and recommendation of the Director and City Attorney, to provide for the proper maintenance of the common area(s) and/or private streets, and to establish standards for maintenance.

• G. Public Utilities. Each approved parcel shall be provided connections to public utilities, including electricity, gas, sewer, telecommunications, and water services, which shall be installed as part of the subdivision improvements.

  1. Underground Utilities Required.

     • a. Utility lines, including communications, electric, telephone, and street lighting, located within or directly serving each subdivision, shall be placed underground.

     • b. The subdivider is responsible for complying with the requirements without expense to the City, and shall make necessary arrangements with the appropriate utility company for the installation of the facilities. Appurtenances and associated equipment (e.g., boxes and meter cabinets) and concealed ducts in an underground system may be placed above ground.

     • c. Undergrounding requirements also apply to existing utility or common carrier routes in use at the time the subdivision is completed which do not provide service to the area being subdivided, except for high voltage transmission lines or other utilities with good cause as excepted on a case-by-case basis by the City Engineer.

• d. The Review Authority, based on the recommendations of the City Engineer, may waive the undergrounding requirements if topographical, soil, or any other conditions make the underground installations unreasonable or impractical.

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2. Cable, Electronic and Wireless Systems. If a local cable television system, electronic and/or wireless system (or comparable technology system provider) is available to serve the project, any subdivision for which a tentative map is required, or a parcel map for which a tentative map was not required, shall be designed to provide the appropriate system an opportunity to construct, install, and maintain on land reserved for cable, electronic or wireless service or by separate instrument, any equipment necessary to extend services to each residential parcel in the subdivision.

   • a. "Appropriate system," means those franchised or licensed to serve the geographical area in which the subdivision is located.

   • b. These provisions shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.

Reimbursement for Relocation or Replacement.

• a. Whenever the City imposes as a condition of its approval of a tentative parcel or tract map a requirement that necessitates replacing, undergrounding, or permanently or temporarily relocating existing facilities of a telephone corporation or cable television system, common carrier, or other public utility, the developer or subdivider shall reimburse the appropriate facility provider for all costs for the replacement, undergrounding, or relocation.

• b. All costs shall be paid as required by the responsible cable television system, common carrier, or other public utility.

• c. Under no circumstances shall the telephone corporation or cable television system be reimbursed for costs incurred in excess of the cost to replace the facilities with substantially similar facilities.

H.

Sewage Disposal.

1. Each parcel within an approved subdivision shall be provided a connection to the City's sewage collection, treatment, and disposal system, in compliance with the requirements of the City Engineer and the outlet to be used for the sewers shall be designated by the City Engineer.

2. The subdivider shall also pay the required connection fee.

3. When sanitary sewer mains are existing, the subdivider shall pay for these improvements in compliance with the provisions of Municipal Code for the developed parcels.

4. All sanitary sewer mains, appurtenances, and service connections shall be constructed or laid to the line and grade established by the City Engineer and shall be of a design and size as designated.

5. Sewers shall not be installed in utility easements, except in special cases and circumstances, subject to the approval of the City Engineer.

I. Street Lighting.

1. The subdivider shall provide an ornamental street lighting system in each division of land of four parcels or more and one parcel condominium divisions of land. Plans for the installation of the system shall be submitted to the City Engineer for review and approval.

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2. All proposed subdivisions shall provide street lighting facilities designed and constructed in compliance with the City’s adopted improvement standards and specifications.

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

J. Street Signs and Street Names.

1. Street Names.

   • a. All public and private streets located within a proposed subdivision shall have names in compliance with the procedures established by the City Engineer.

   • b. It is the City’s established policy to strongly encourage the use within subdivisions of prominent African American, Native American or other names that demonstrate the rich diverse history of the City.

   • c. The duplication of an existing street name within the same area shall not be allowed in a new subdivision, unless the street is an obvious extension of and contiguous to an existing street.

2. Street Name Signs.

   • a. The subdivider shall be responsible for the cost of materials, manufacturing, and installation of street name signs.

   • b. One set of signs shall be installed at each intersecting street identifying each street name at a location(s) determined by the City Engineer.

   • c. All street name signs shall be designed, ordered, and installed by the Director

• K. Storm Drainage. Stormwater runoff from the subdivision shall be collected and conveyed by an approved storm drain system.

  1. A subdivision that lies in the path of existing watercourses or overflows from existing watercourses, or natural drainage from upstream properties, shall not be approved unless adequate dedicated right(s)-of-way and improvements are provided as deemed satisfactory by the City Engineer.

  2. When the City Engineer determines that a subdivision may cause an unnatural increase or concentration of surface waters onto downstream property, the subdivision shall not be approved unless drainage outlets are provided that will be adequate to render the City harmless from any damages caused by the increase or concentration of water.

  3. The location, size, and type of watercourses or drainage works, and all drainage of streets and other drainage works between streets, shall comply with City standards or as required by the City Engineer.

  4. When the City Engineer determines that drainage right(s)-of-way are necessary, the subdivider shall offer to dedicate upon the tentative, parcel, or final map of the subdivision the necessary right(s)-of-way for the drainage facilities.

5. Where dedication is offered or granted, the right(s)-of-way shall be shown as parcels lettered alphabetically on the tentative, parcel, or final map. The offer of dedication or grant shall be made by an appropriate statement on the title sheet of the final map.

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6. The subdivision shall incorporate the required C3/C6 storm drainage requirements, as adopted and implemented by the City of East Palo Alto. These requirements are incorporated by reference into this code.

7. The subdivision shall incorporate the required green infrastructure improvements in accordance with the City's Green Infrastructure Plan, the Municipal Regional Stormwater NPDES Permit and the requirements of the California Regional Water Quality Control Board.

• L. Water Mains and Fire Hydrants. The subdivider shall install, or agree to install, water mains and fire hydrants in the division of land for the general use of the parcel owners and for fire protection. The installation of the water mains and fire hydrants shall comply in all respects with all statutes, ordinances, rules, and regulations applicable to water mains and fire hydrants. In the absence of these statutes, ordinances, rules, and regulations, required domestic water flows shall be determined by the Water Manager and required fire flows, duration of required fire flows, and fire hydrant type and location shall be determined by the Fire District. Water mains and fire hydrants may be required on existing streets or highways adjacent to or within the division of land, provided the existing improvements are insufficient for the general use or fire protection of the parcel owners.

• M. Special Facilities. Special facilities as required by the General Plan, any applicable specific plan, or as a special condition of the subject zone shall be provided.

• A. Grading. Before the issuance of a building permit, a grading plan prepared and signed by a registered civil engineer shall be submitted to and approved by the City Engineer. Grading plans shall show the elevations of the natural ground at all parcel corners, the finished grade at corners, the finished pad elevation, finished floor elevations, rates and directions of all drainage swales, elevation height of all retaining or perimeter walls and finished sidewalk elevations at all front parcel lines, and existing topographic elevations and drainage direction a minimum of 100 feet outside the boundary of proposed project area and/or map or as required by the City Engineer.

  1. Minimum Slopes. The minimum grade of all drainage swales on parcels shall be onehalf of one percent, unless approved differently by the City Engineer.

  2. Pad Elevation. All building pad elevations shall be established in compliance with Municipal Code Title 15.

  3. Drainage Plan.

     • a. No inter-parcel or "cross drainage" shall be allowed.

     • b. Each parcel shall drain its own water to a public street, approved public or private drainage facility, or natural drainage course without passing through or across an adjacent parcel, except where a legal right exists (e.g., a drainage easement), and is authorized by the City Engineer.

     • c. No parcel shall drain water over the bank of a flood control channel.

  4. Grading Practices.

     • a. All grading within the City shall employ the best available management practices, as determined by the City Engineer, to minimize airborne dust, erosion, sedimentation, and unnecessary grading.

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  - b. Each building site shall be individually prepared. 

  - c. No grading shall occur during the generally observed rainy season between October 15 and April 15, unless authorized by the City Engineer. 

5. Grading Exceptions. Specific exceptions to the above grading requirements may be authorized at the discretion of the City Engineer.

6. Bonding.

   • a. The City may require, as a condition of approval that a bond be secured before any grading.

   • b. This bond would be used to install landscaping and appropriate erosion control measures as needed, if the subdivider abandons the project after grading occurs.

   • c. All bonding shall be in compliance with provisions related to improvement agreements improvement security.

7. As-Built Grading Plan. Upon completion of grading operations the subdivider or individual parcel owner shall furnish to the City Engineer two prints and an electronic copy of an as-built grading plan prepared by the subdivider’s or owner’s engineer.

8. Compliance with California Building Code Required. Every map approved in compliance with the provisions of this Article shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damages to off-site property, in compliance with California Building Code Appendix Chapter 70, as adopted and amended from time to time by the City.

   4. Retaining Walls.

      • a. Retaining walls shall be required at grade differences of one foot or more, unless a recorded slope easement is obtained.

      • b. Retaining walls shall be constructed in compliance with the Development Code and any other adopted City standards.

      • c. Retaining walls one foot or more in height shall be constructed of masonry or concrete, and shall be engineered to City standards.

• B. Erosion and Sediment Control. A proposed subdivision shall be designed so that all grading incorporates appropriate erosion and sediment control measures.

After the approval of a tentative map and before the construction of any improvements or recording of the final map, the subdivider shall submit plans to the City in the following manner:

• A. Preparation and Content. Improvement plans shall be prepared by a California registered professional engineer and shall include all of the following information:

  1. All calculations, design reports, drawings, specifications, and other information required by the City Engineer;

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1. Grading, drainage, erosion and sediment control, and a storm water pollution prevention plan (SWPPP) for the entire subdivision; and

2. The improvement plan/specification checking and construction inspection fees required.

• B. Submittal of Plans. Improvement plans shall be submitted to the City Engineer and other appropriate reviewing agencies for review and approval. Upon the approval of improvement plans, the subdivider shall also submit to the City Engineer a detailed cost estimate of all improvements, based on guidelines provided by the City.

  1. Street and Drainage Plans and Profiles. Plans, profiles, and specifications of proposed street and drainage improvements shall be submitted to the City Engineer, checked and approved before presentation of the final map to the Review Authority for acceptance. These plans and profiles shall show full details of the proposed improvements in compliance with City standards.

  2. Water Systems Plans. Plans, specifications, and all necessary details of the proposed water system shall be submitted to the City Engineer for review; provided, the water purveyor, if different from the City, has certified that it has reviewed and approved all of the plans, specifications, and all necessary details of the proposed water system and is willing and able to supply water upon request.

     • a. Connections. The subdivider shall install an approved water connection to the property line of each parcel within the subdivided area and pay the applicable water connection fees.

     • b. Mains. Water mains and related systems and services shall be constructed to serve each parcel within the subdivided area and shall be of a size and design as established by the City Engineer.

  3. Sanitary Sewer Plans. Plans, profiles, specifications, and all necessary details of the sanitary sewers to be installed shall be submitted to the City Engineer for review and approval; provided, that before submitting the plans, they shall have been approved by the entity that will serve the subdivision.

• C. Review and Approval. Improvement plans shall be reviewed and approved by the applicable agency within the time limits specified by state law.

D. Effect of Approval.

4. The final approval of improvement plans shall be required before approval of a parcel or final map.

5. The approval of improvement plans shall not bind the City to accept the improvements nor waive any defects in the improvements as installed.

• E . As-Built Plans. Upon completion of all improvements, the subdivider or individual parcel owner shall furnish to the City Engineer two prints and electronic copy of an as-built improvements prepared by the subdivider’s or owner’s engineer.

• A. Agreement in Compliance with Government Code Section 66462 Required. If all required improvements, engineering, and inspections are not satisfactorily completed before a parcel or final map is approved, the subdivider shall, before the approval of the parcel or final map, enter

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into an improvement agreement with the City where in consideration of the acceptance by the Review Authority of the streets, easements, and any other land offered for dedication, the subdivider and the subdivider's contractor agrees to furnish the equipment, labor, and material necessary to complete the work within the time specified in the agreement.

• B. Structure Improvements to be Completed Within 36 Months. All subdivision improvement agreements shall contain a detailed schedule to ensure that all public improvements and private structures and improvements shall be competed within 36 months following recordation of the final map. Completion shall not be considered accomplished until the subdivider receives final inspection and approvals from the City Engineer and Chief Building Official.

• C. Director May Grant One Extension to the 24 Month Deadline. The Director shall have the authority to grant one additional 24 month extension to the deadline specified in the subdivision improvement agreement, but only upon the submittal of the written application for extension by the subdivider at least 60 days before expiration of the original deadline.

• A. Security Required. To ensure that the work covered by the improvement agreement will be completed, improvement security shall be furnished, in an amount, form, and manner consistent with the Act and/or as approved by the Review Authority based on a recommendation(s) of the City Engineer, to guarantee the faithful performance of any act or agreement.

• B. Forfeiture on Failure to Complete. If the owners, subdividers, or sellers neglect or fail for any reason to complete any improvements and work within 36 months from the date the agreement is executed, the Review Authority may, upon notice in writing served by registered mail addressed to the last known address of the owners, subdividers, or sellers signing the contract, determine that the improvement work or any part of the work is uncompleted and may cause to be forfeited to the City, the sum of money or bond(s) given for the faithful performance of the work as may be necessary to complete the work.

C.

Exoneration of Improvement Security.

1. Duty of City Engineer. It shall be the duty of the City Engineer to inspect or receive certificates of completion of all improvements installed as to their compliance with this chapter and City standards.

2. Release of security. The security furnished by the owners, subdividers, or sellers may be released in the following manner.

   • a. Security given for faithful performance of any act or agreement shall be released upon the performance of the act subject to a 10 percent withholding until final completion and acceptance of the required work.

   • b. Security guaranteeing the payment to the contractor, subcontractors, and to persons furnishing labor, materials, or equipment shall, after passage of the time within which claims of lien are required to be recorded in compliance with Civil Code Title 14 and other acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice of the claims given in writing to the Review Authority, and if no claims have been recorded, the security shall be released in full.

   • c. The release of security shall not apply to any required guarantee and warranty period, nor to the amount of the security deemed necessary by the City for the

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guarantee and warranty period, nor to cost and reasonable expenses and fees, including reasonable attorney's fees.

• d. Maintenance security necessary for guarantee and warranty of the work for a period of 12 months following completion and acceptance of the work against any defective work or labor completed, or defective materials furnished, shall be released if no claims of defective work have been filed with the Review Authority.

• e. In the event of defective work, the security shall be held until all work is considered satisfactory and acceptable by the City Engineer.

All subdivision improvements required as conditions of approval of a tentative map approved in compliance with this Article shall be installed as specified in this section.

• A. Timing of Improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans and before the approval of a parcel or final map, except where:

  1. Improvements are deferred as provided for in Government Code Section 66462 or Section 66411.1; or

  2. To avoid breaking up street paving, underground utility, or service lines required to be installed as part of a subdivision and which are planned to run across or underneath a street or alley right-of-way shall be installed before the preparation of subgrade and before the surfacing of any streets or alleys.

  3. In the event that the development of the subdivision requires the utility company to perform utility construction work, the subdivider shall pay a deposit satisfactory to the utility company within sufficient time to allow construction work to be performed before subgrade preparation.

  4. In no event shall subgrade preparation commence before installation of all necessary utilities and laterals.

• B. Inspection of Improvements. The inspection of the construction and installation of required subdivision improvements shall occur in the following manner.

  1. Authorized Representative.

     • a. Before starting any work, the contractor engaged by the subdivider shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the City.

     • b. The designated representative shall be present at the work site at all times while work is in progress.

     • c. At times when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work that may be required.

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2. Inspection Procedures.

   • a. Inspections Required.

     • (1) The agency that has required a specific action shall make any inspections as it deems necessary to ensure that all construction complies with the approved improvement plans.

     • (2) Where required by the City, the subdivider shall enter into an agreement with the City to pay the full cost of any contract inspection services determined to be necessary by that agency.

   • b. Access to Site and Materials. The agency that has required a specific action shall have access to the work site at all times during construction, and shall be furnished with every reasonable facility for verifying that the materials and workmanship are in compliance with the approved improvement plans.

   • c.

Authority for Approval.

• (1) The work done and all materials furnished shall be subject to the inspection and approval of the agency that has required a specific action.

• (2) The inspection of the work or materials shall not relieve the contractor of any obligations to fulfill the work as prescribed.

• d.

Improper Work or Materials.

  - (1) Work or materials not meeting the requirements of the approved plans and specifications may be rejected, regardless of whether the work or materials were previously inspected by the agency that has required a specific action. 

  - (2) In the event that the appropriate agency determines that subdivision improvements are not being constructed as required by the approved plans and specifications, it shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume the work. 

  - (3) Any work done after issuance of a stop work order shall be a violation of this Article. 

2. Notification.

   • a. The subdivider shall notify the City Engineer as part of condition compliance upon the completion of each stage of construction.

   • b. Further construction may only be completed if all required actions included in the conditions of approval have been accomplished and signed off by the agency that has required the action(s).

The location, number, and type of monuments shall be as specified in the Act in compliance with the standards specified in California Business and Professions Code, and to the satisfaction of the City Engineer.

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• A. Preliminary Soils Report. A preliminary soils report based upon adequate test borings and prepared by a registered civil engineer shall be required for every subdivision for which a final map is required or when required as a condition of development when soils conditions warrant the investigation and report. The preliminary soils report shall be submitted with the tentative map application.

  1. Form of Preliminary Soils Report. A preliminary soils report may be divided into two parts (i.e., soils reconnaissance and soils investigation and report) in the following manner:

     • a. Soils Reconnaissance.

       • (1) The soil reconnaissance shall include a complete description of the site based on a field investigation of soils matters.

       • (2) The soils matters reviewed shall include erosion, settlement, stability, feasibility of construction of the proposed improvements, description of soils related hazards and problems, and proposed methods of eliminating or reducing these hazards and problems.

     • b. Soils Investigation and Report. This soils investigation and report shall include field investigation and laboratory tests with detailed information and recommendations relative to all aspects of grading, filling, and other earthwork, foundation design, pavement design, and subsurface drainage.

       • (1) The report shall recommend any required corrective action for the purpose of preventing structural damage to subdivision improvements and the structures to be constructed on the parcels.

       • (2) The report shall recommend any special precautions required for erosion control, and the prevention of sedimentation or damage to off-site property.

       • (3) The report shall review any geologic conditions for the purpose of preventing structural damage to the subdivision improvements and the structures to be constructed on the parcels.

       • (4) If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects or environmental impacts, a subsequent soils investigation of each parcel in the subdivision may be required and shall be submitted to and approved by the Building Inspection Department and the City Engineer before approval of a parcel or final map.

  2. Preliminary Soils Report Waiver. A preliminary soils report shall not normally be waived. The preliminary soils report may be waived only if the City Engineer determines that existing available information on the qualities of the soils of the subdivision makes no preliminary analysis necessary.

• B. Final Soils Report. A final soils report prepared by a registered civil engineer shall be required where a preliminary soils report was required, unless the final report is waived by the City Engineer.

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1. Filing of Report. The final soils investigation and report shall be filed with the improvement plans.

Content of Report.

• a. The report shall contain sufficient information to ensure compliance with all recommendations of the preliminary soils report and the specifications for the project.

  • b. The report shall also contain information relative to soils conditions encountered which differed from that described in the preliminary soils reports, along with any corrections, additions, or modifications not shown on the approved plans.

• C. Geologic Investigation and Report. If the City Engineer determines that conditions warrant, a geologic investigation and report may also be required.

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