Fairfax Municipal Code Ch. 16.24 General Requirements and Improvements

The purpose of this chapter is to set forth standards required for the subdivision of land consistent with the Subdivision Map Act and the town general plan.

(Prior Code, § 16.07.010) (Ord. 670, passed - -1998)

(A) The standards and requirements set forth in this chapter shall be applicable to all subdivisions of land within the town unless otherwise specified herein, or unless specifically proposed to be modified or waived by the town’s Engineer and ratified by the review authority because of unique site conditions. The Town Engineer shall provide explanations in writing for proposed modifications or waivers of standards and requirements. The explanations shall be attached to the subdivision map application prior to any public hearing on the map.

(B) Bonds. Subdividers may be required to post a bond, cash or other financing mechanism acceptable to the town to ensure fulfillment of improvements within an established schedule and specified manner.

(C) Maintenance agreements. In addition to the agreement for completion of all specified improvements, the subdivider shall, prior to filing the final map, execute a contract with the town specifying maintenance requirements including duration, extent and nature of and a financing mechanism to ensure the maintenance.

(Prior Code, § 16.07.020) (Ord. 670, passed - -1998)

(A) Areas and widths of lots.

(1) No lot shall have an average width of less than 65 feet unless otherwise established by a planned development ordinance plan or conditional use permit. No lot shall have an area of less than 5,500 square feet.

(2) In any case, lots shall conform with the requirements of any town zoning regulations effective for the area in which the proposed subdivision is located.

(3) Where property is zoned for business uses, other widths and areas may be permitted at the discretion of the review authority.

(B) Frontage. Lots shall have a minimum frontage of 65 feet on a street.

(C) Side lines. Side lines of lots shall be as near as possible to right angles to the street line upon which the lot faces.

(D) Double frontage. Lots other than corner lots having double frontage with depths of less than 200 feet will not be approved, except where necessitated by topographic or other physical conditions or where ingress or egress to and from one of the streets is prohibited.

(E) Corner lots. Corner lots shall have an average width of at least 65 feet.

(F) Future division. Where parcels of land are subdivided into larger building sites than required by the town zoning regulations, each lot indicated thereon shall be restricted against resubdivision unless it can be divided in accordance with divisions (B), (C) and (D) of this section and other provisions of this chapter.

(G) Division of jurisdiction. No lot or parcel shall be permitted to be divided by a town or county boundary line.

(H) Water and sewer. All newly created lots and unimproved lots shall be served for domestic purposes by the public water system, or in accordance with § 16.08.050(D)(1) of this code. The lots also shall be served by the public sewer system unless specifically exempted by the Town Council.

(I) Exception. This section shall not apply to any lot or parcel which the subdivider offers to dedicate to the town or any public agency or district.

(Prior Code, § 16.07.030) (Ord. 670, passed - -1998)

(A) Streets and alleys, where appropriate, shall be provided subject to approval by the review authority and subject to the following standards unless exceptions are approved by the Planning Commission as recommended by the Planning Director and Director of Public Works consistent with safe and efficient flow of pedestrian and vehicular traffic:

(1) Widths. Streets and alleys shall be provided with a minimum width of 20 feet or greater as determined by the Town Engineer and Planning Director and approved by the review authority.

(2) Intersections. Streets shall intersect at a right angle or near approximate.

(3) Grades. Grades shall not exceed six percent on major or secondary highways, ten percent on major residential streets or 20 percent on any street.

(4) Alleys. May be required in the rear of all prospective business property and shall be subject to intersection design and point of intersection consistent with safe and efficient flow of pedestrian and vehicular traffic.

(5) All streets and highways shall be graded, rocked and paved or surfaced to widths and grades as provided herein and in accordance with the approved improvement plan.

(6) The subdivider shall make application with the Town Engineer for an encroachment permit to do work within the rights of way of existing town streets and shall, under the terms of the permit, improve the extension of all subdivision streets, highways or public ways to the intercepting paving of any town streets.

(7) Concrete curbs and gutters conforming with the uniform construction standards of the cities and County of Marin shall be required along all streets and highways.

(8) Roadbeds shall be designed according to soil tests of the subgrade material, and in accordance with the standard procedure used by the California Department of Transportation in the design of roads under their jurisdiction or by such other method as is in general use and considered sound practice.

(a) Minimum aggregate base shall be six inches in thickness, placed over the properly prepared subgrade.

(b) Where asphaltic pavement is used, there shall be a minimum of two and one-half inches of asphaltic surfacing, as approved by the Town Engineer.

(c) Where Portland cement (P.C.) concrete paving is used, the minimum thickness shall be six inches, Class B, P.C. concrete.

(B) Four-foot wide pedestrian ways shall be provided on at least one side of the street as determined by the Director of Public Works and Planning Director and approved by the review authority.

(1) Pedestrian ways ten feet in width and paved shall be required along all business streets. Pedestrian ways, curbs and gutters shall be constructed of Class B concrete in accordance with the most current standards in effect for quality and durability.

(2) Pedestrian ways of a width determined by the Planning Director and approved by the review authority may also be required through the center of long blocks, to connect cul-de-sac streets and to provide access to school, park and playground areas and to river, stream, lake, bay and ocean frontages.

(3) Pedestrian ways may be eliminated on both sides of streets where the Director of Public Works and Planning Director determine that the slope of the ground or the nature of the development makes them impractical or inappropriate and the review authority concurs.

(C) The Town Engineer or designee shall make such inspections as deemed necessary to insure that all construction is in accordance with the approved improvement plan, and in no case shall the inspection be less than:

(1) An inspection of the subgrade prior to placing the aggregate base;

(2) An inspection of the aggregate base prior to placing of surfacing;

(3) The inspection of concrete forms;

(4) The inspection of the pouring of any concrete or spreading of asphalt;

(5) All other structures, facilities, utilities, improvements, grading and filling shall be inspected on a schedule approved by the Town Engineer;

(6) A final inspection upon completion of all improvements; and

(7) Each stage of construction shall require a written direction from the Town Engineer to proceed.

(D) Fees. Subdividers shall pay fees as established by the Town Council, and other applicable fees as required by the town codes for plan checking, inspection, town consultant and other costs associated with the approval, construction and inspection of streets and other improvements subject to engineering standards.

(Prior Code, § 16.07.040) (Ord. 670, passed - -1998)

(A) Street name signs shall be placed at all street intersections and shall be in accordance with specifications on file in the Public Works Department.

(B) The proposed name of each street shown on the tentative map shall be submitted to the review authority for its approval.

(C) The words “street,” “avenue,” “boulevard,” ‘place,” “way,” “court” or other designation of any street shall be spelled out in full on the tentative map.

(D) Proposed names for any public streets shall be referred to the Fairfax Historical Society for its recommendation.

(Prior Code, § 16.07.050) (Ord. 670, passed - -1998)

In all cases, materials used, preparation of base, methods of placing materials, workmanship, grading and tests of materials shall not be less than those standards required by the most recent standard specifications of the California Department of Transportation, except where special provisions are required.

(Prior Code, § 16.07.060) (Ord. 670, passed - -1998)

(A) All subdivisions shall be designed to preserve desirable existing native, indigenous vegetation, especially trees, to the maximum extent feasible.

(B) Where there are insufficient natural trees, the Planning Director may require a tree plan to be approved by the review authority that is prepared by a licensed landscape architect or arborist for the location and planting of trees of approved, suitable species.

(Prior Code, § 16.07.070) (Ord. 670, passed - -1998)

All subdivisions shall be designed to protect ridgelines pursuant to Chapter 17.060, and to assure adequate light, air, privacy and views on all parcels regardless of land use.

(Prior Code, § 16.07.080) (Ord. 670, passed - -1998)

(A) Unless otherwise approved by the Town Engineer, utility easements as required by the utility authorities shall be provided within subdivisions where required for public utility purposes.

(B) All underground utilities, sanitary sewers and storm drains installed in streets, service roads, alleys or highways shall be constructed prior to the surfacing of the streets, service roads, alleys or highways.

(C) Service connections for all underground utilities and sanitary sewers shall be laid to a length as will obviate the necessity for disturbing the street or alley improvements when service connections thereto are made.

(D) Undergrounding requirements.

(1) All utility distribution facilities (including, but not limited to electric, communication and cable television lines) installed in and for the purpose of supplying service to any new residential subdivision or commercial subdivision shall be placed underground.

(2) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts shall be placed in underground vaults.

(3) Exceptions may be recommended by the Town Engineer for review authority approval for subdivisions of less than five lots with findings that the topographical, soil or other conditions or circumstances make underground installation of the facilities as required by this section unreasonable or impracticable.

(4) The subdivider is responsible for complying with the requirements of this section, and shall make the necessary arrangements with the utility companies involved for the installation of the facilities.

(Prior Code, § 16.07.090) (Ord. 670, passed - -1998)

(A) As a condition to the approval of a tentative map or parcel map, the subdivider shall dedicate land, pay fees, or a combination of both for park or recreational facilities in accordance with the provisions of this section, Cal. Gov’t Code § 66477, and the parks and recreation element of the general plan.

(B) The fees or dedications shall bear reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

(1) Dedication of land. An irrevocable offer of dedication shall be made to the town or other appropriate governing bodies of all parcels of land intended or designated to be used for public purposes. Such offer of dedication shall be by certificate on the final or parcel map or by such other method as may be appropriate.

(2) Easements. A conservation or recreation easement established for specific purposes consistent with this section and to be held in perpetuity for such purposes shall be conveyed to the town or to an entity, governmental or non-governmental, approved by the Town Council.

(3) General. The payment of fees, or the dedication of land, or both, shall be in a proportionate amount necessary to provide five acres of property devoted to local park or recreational purposes for each 1,000 persons residing in the town.

(4) Exemptions. The following shall be exempt from the provisions of this section:

(a) Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this section. However, a condition may be placed on the approval of the parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of the permit.

(b) Commercial and industrial subdivisions and condominium projects or stock cooperatives which consist of subdivision of airspace in an existing apartment building more than five years old when no new dwelling units are added.

(5) Payment of fees. Only the payment of fees may be required in subdivisions containing 50 parcels or less, except that when a condominium project exceeds 50 dwelling units, dedication of land may be required notwithstanding the number of parcels may be less than 50.

(6) Land dedication and fees.

(a) At the time of approval of a tentative map or parcel map, the Town Council shall determine the land to be dedicated and fees to be paid by the subdivider based on the provisions of division (B)(7) below.

(b) Covenants for dedicated land shall be submitted to the town prior to approval of a final subdivision map and shall be recorded at the same time as the final map.

(c) Fees shall be paid to the town and other public agencies, if applicable, in accordance with the provisions set forth in Cal. Gov’t Code § 66477(f).

(7) Dedications and fees. Land dedications and fees shall be determined as set forth in this division.

(a) Formula for dedication of land. Where a park or recreation facility has been designated in the town general plan, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formulas:

1. Alternative 1: formula based on population estimate. The formula for determining acreage to be dedicated shall be as set forth in the Table 16.24-1. This table is based on 1990 U.S. Census information and has been established pursuant to Cal. Gov’t Code § 66477(b).

Table 16.24-1

2. Alternative 2: formula based on dwelling units. Table 16.24-2, which contains the formula for determining acreage to be dedicated based on dwelling units, is based on 1990 U.S. Census information and has been established pursuant to Cal. Gov’t Code § 66477(b).

Table 16.24-2

3. Alternative 3; population formula. At any future point in time, after the adoption of the ordinance codified in this title, when updated U.S. Census information is released to the general public and accepted as accurate by the town, the formula set forth in the following table for determining parkland to be dedicated shall be substituted for divisions (G)(1)(a) and (b) of this section.

Table 16.24-3

(b) Improvements. The subdivider shall, without credit:

1. Provide full street improve- ments and utility connections including, but not limited to curbs, gutters, street paving, traffic control devices, street lighting, street trees, retaining walls and sidewalks to land which is dedicated pursuant to this section;

2. Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land; and

3. Provide other minimal improvements which the Town Council determines to be essential to the acceptance of the land for recreational purposes.

(c) Formula for fees. If there is no park or recreation facility designated in the town general plan, to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to value of that land. Fees shall be determined in accordance with Table 16.24-4. The fees shall be used for a local park which bears a reasonable relationship to serve the present and future residents of the area being subdivided.

Table 16.24-4

(d) Number of dwelling units. For the purpose of this section, the number of new dwelling units shall be based upon the number of parcels indicated on the map when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under the zone. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. The term “new dwelling units” does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed.

(e) Fair market value. The fair market value shall be determined by the town with a written appraisal report prepared and signed by an appraiser acceptable to the town. The appraisal shall be made immediately prior to the filing of the final map. The subdivider shall notify the town of the expected filing date at least six weeks prior to filing the final map. If more than one year elapses prior to filing the final map, the town will prepare a new appraisal and will bill the subdivider for the cost of the reappraisal. If the subdivider objects to the determined fair market value, the subdivider may appeal to the Town Council. The determination of the fair market value shall consider, but shall not be limited to the following:

• 1. Approval of and conditions of the tentative subdivision map;
• 2. The general plan;
• 3. Zoning;
• 4. Property location;
• 5. Off-site improvements facil- itating use of the property;
• 6. Site characteristics of the property; and
• 7. Comparable property transactions within the market area.

(f) Use of money. Any in-lieu fees collected shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the subdivision.

(8) Fees. Any fees collected pursuant to this section shall be committed within five years after payment of the fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they, without any deductions, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of each lot bears to the total area of all lots in the subdivision.

(9) Development schedule. The Town Council shall specify in a public lands development plan how, when and where it will use the land or fees or both to develop park or recreational facilities.

(10) Credits. Credit against the payment of fees or dedication of land required by this section shall be given in accordance with the provisions of the following divisions:

(a) If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this section.

(b) Planned developments, real estate developments, stock cooperatives and community apartment projects, as defined in Cal. Business and Professions Code §§ 11003, 11003.1, 11003.2, 11003.4 and 11004 and condominiums, as defined in Cal. Civil Code § 783 shall be eligible to receive a credit, as determined by the Town Council, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development which is usable for active recreational uses. For the purposes of this section, private open space is that open space which is available to all residents within the development.

(Prior Code, § 16.07.100) (Ord. 670, passed - -1998)

The subdivider shall make an irrevocable offer of dedication to the town or other appropriate public agency of a right-of-way for storm drainage purposes conforming substantially with the lines of any natural watercourse or channel, stream or creek that traverses the subdivision or, if required by the town, provide by irrevocable offer dedication for further and sufficient easements or construction or both to dispose of surface and storm waters. Such an offer of dedication shall be accepted, except upon recommendation of town’s Civil Engineer.

(Prior Code, § 16.07.110) (Ord. 670, passed - -1998)

Provision shall be made for adequate sewage disposal by:

(A) Connection to a public sanitary sewer, when available, in which case a letter from the governing board having jurisdiction shall be submitted showing the ability of the system to handle sewage from the proposed subdivision and evidence that a satisfactory agreement has been entered into for connection to the system; or

(B) Individual or community septic tanks or other Regional Water Quality Control Board (RWQCB) approved community disposal systems, in which case detailed plans shall be approved by the Town Council pursuant to the federal and state standards for the protection of the water basin’s biological and chemical water quality. No construction shall be commenced upon any systems until the same have been approved in writing by the RWQCB and Town Council, a provision has been made for future maintenance as approved by the RWQCB and the subdivider has given the guarantee, or posted a bond, as deemed effective by the RWQCB and necessary to insure the installation of property facilities within the proposed subdivision and provision has been made for future connection to a public sanitary sewer when available.

(Prior Code, § 16.07.120) (Ord. 670, passed - -1998)

(A) Provisions shall be made for the domestic water supply as may be necessary to protect public health by connection to a public utility or public water agency and a letter from the utility or agency shall be submitted showing its ability to serve the proposed subdivision and evidence indicating that a satisfactory agreement has been entered into for the installation of the service. The procedures for determining water supply ability shall be based on Cal. Water Code § 10910.

(B) (1) Individual wells shall be discouraged and only permitted upon a hydrologic unit assessment directed by the Town Engineer to determine the effect of well water extraction on the water table and associated streams and springs.

(2) Proposed wells shall also comply with Chapter 8.40 of this code.

(C) The subdivider shall provide a water connection for each lot and fire hydrants at such intervals as may be required by the town and the Ross Valley Fire District.

(Prior Code, § 16.07.130) (Ord. 670, passed - -1998)

Soils reports shall be provided in accordance with the Cal. Gov’t Code §§ 66490 and 66491. Soils reports shall be submitted to the Town Engineer and shall include at least, but not only: a preliminary soils report based upon adequate test borings and prepared by a civil engineer registered in this state shall be required for every subdivision requiring a final map. If it is determined that a potential soils problem or soils related hazard may exist, such a preliminary soils report may be required for a subdivision requiring a parcel map.

(Prior Code, § 16.07.140) (Ord. 670, passed - -1998)

Subsurface geotechnical investigation and reports may require the information listed in this section, as determined by the Town Engineer.

(A) Subsurface investigations. Subsurface investigations (including drilling to establish bedrock) to consider the potential, on the entire slope face, both on and adjacent to the subject property, for ground failure, erosion subsidence, differential settlement, liquefaction and any other adverse geologic conditions.

(B) Development recommendations. Recommendations for restrictions on development where development poses a hazard and proposed mitigation measures for hazardous conditions.

(C) General plan conformance. Reference to all geologic safety concerns and events discussed in the safety element of the general plan as they relate to the subject property.

(Prior Code, § 16.07.150) (Ord. 670, passed - -1998)

A study shall be prepared of the proposed drainage system for the development which details, at a minimum, the following:

(A) The effects of any runoff on other drainage systems;

(B) The ability of the proposed drainage system and affected drainage systems to convey run-off volumes generated by the 100-year storms, as approved by the Town Engineer;

(C) If division (B) above cannot be shown, an on-site detention system to regulate storm water discharge to avoid conveying any additional run-off to the affected drainage system during a ten- to 100-year storm, as approved by the Town Engineer; and

(D) Proposed development flood management plans shall be consistent with floodplain management purposes in the floodplain ordinance (17.068) and in no case shall there be net wetlands loss due to fill or other development activities.

(Prior Code, § 16.07.160) (Ord. 670, passed - -1998)

Grading and erosion control, including the prevention of sedimentation or damage to off-site property, shall be consistent with Chapter 8.32 and the current best management practices of the town and Marin County storm water pollution prevention program or as approved by the Regional Water Quality Control Board and non-point source pollution standards consistent with its watershed management plan, and shall be approved by the town’s Civil Engineer.

(Prior Code, § 16.07.170) (Ord. 670, passed - -1998)

(A) Reservations of land for public uses shall be in accordance with the Cal. Gov’t Code §§ 66479 through 66482.

(B) Reserved strips controlling the access to public ways or which will not prove accessible or assessable for special improvements will not be approved unless the strips are necessary for the protection of the public welfare or of substantial private property rights, or both, and in no case, except when the control and disposal of the land comprising the strips, is irrevocably offered for dedication to the town under conditions approved by the town.

(Prior Code, § 16.07.180) (Ord. 670, passed - -1998)

As a condition precedent to the approval of a parcel or tentative map, the subdivider may be required to install improvements, for the benefit of property not within the subdivision, and dedicate those improvements to the public, pursuant to the Cal. Gov’t Code §§ 66485 through 66489.

(Prior Code, § 16.07.190) (Ord. 670, passed - -1998)

As a condition of approval of a tentative map, the subdivider may be required, in accordance with the provisions of the Cal. Gov’t Code § 66475.3 to dedicate solar access easements.

(Prior Code, § 16.07.200) (Ord. 670, passed - -1998)

As a condition to map approval, the town shall require that the subdivider defend, indemnify and hold harmless the town against any claim or action brought under the Cal. Gov’t Code § 66499.37 to attack an approval by the town, or any of its entities, concerning a subdivision.

(A) General. Such a condition may require indemnification of any agent, officer and employee of the town, as well as indemnification of the town, the Town Council and the Planning Commission.

(B) Exception. The town may not require, as a condition of tentative, final or parcel map application or approval, that the subdivider defend, indemnify, or hold harmless the town or its agents, officers and employees from any claim, action or proceeding against the town as a result of its failure to review or act upon the map within the required time limit.

(C) Notice.

(1) The town shall promptly notify the subdivider of a claim against it.

(2) If the town fails to promptly give the notice, the subdivider shall not be responsible to defend, indemnify or hold harmless the town.

(D) Cooperation.

(1) The town shall cooperate fully in the defense.

(2) If the town fails to cooperate fully in the defense, the subdivider shall not be responsible to defend, indemnify or hold harmless the town.

(Prior Code, § 16.07.210) (Ord. 670, passed - -1998)

Non-residential subdivisions shall conform to the provisions of this section.

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

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

(C) Subdivision for proposed commercial development shall take into account and specifically designate all areas proposed for vehicular circulation and parking, for pedestrian circulation and for buffer strips and other landscaping.

(Prior Code, § 16.07.220) (Ord. 670, passed - -1998)

A land capacity report (LCR) shall be required with all applications for major subdivisions.

(A) Submittal. An LCR shall be submitted before or in conjunction with the tentative map application for subdivision.

(B) An LCR shall contain the following:

(1) A slope map depicting existing conditions and which shows, by shading or other clear means, areas of slope less than 20 percent, areas of slope 20 percent to 30 percent, areas of slope 30 percent to 40 percent and areas of slope in excess of 40 percent. The acreage of each slope category shall be estimated.

(2) A resource conservation analysis consisting of text and maps describing the land features and environmental resources including an identification and analysis of the following:

(a) Floodplains and areas where ponding may occur;

(b) Geologic and soils conditions, including hazard potential;

(c) Hydrology;

(d) Existing trees and areas of riparian vegetation;

(e) Scenic areas;

(f) Rare or endangered plant and animal species and habitat areas;

(g) Rock outcroppings;

(h) Existing roads, trails and pathways;

(i) Primary wildlife habitats and resources, including wildlife movement corridors;

(j) Cultural resources such as archaeological, historical and paleontological resources;

(k) Knolls, ridges and other promontories where tong-range views are possible; and

(l) Other noteworthy or unusual site characteristics.

(C) Waiver. An LCR may be waived by the Planning Director where a finding is made that the report would serve no useful purpose.

(D) Notice. A determination by the Planning Director to waive the requirement or a refusal to do so after a waiver is requested by the applicant, shall be reported, in writing, to the applicant and to the Planning Commission within ten days of the decision.

(E) Planning Commission action. The Planning Commission shall, at its next regular meeting following receipt of the decision, affirm or reverse the Planning Director’s decision. The decision of the Planning Commission shall be final.

(Prior Code, § 16.07.230) (Ord. 670, passed - -1998)