Grass Valley Municipal Code Ch. 17.88 Subdivision Standards

This chapter establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. 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.

The requirements of this chapter apply as follows:

A. Extent of Required Improvements. Each subdivision of four or fewer parcels, and each subdivision of five or more parcels, shall provide the improvements required by this chapter, the city's improvement standards, standard drawings and construction specifications, and any additional improvements required by conditions of approval.

B. Applicable Design Standards, Timing of Installation. The subdivider shall construct all on- and off-site improvements according to standards approved by the city engineer. No final or parcel map shall be presented to the council for approval until the subdivider either completes the required improvements, or enters into a subdivision improvement agreement with the city for the work.

C. Subdivision Improvement Standards—Conditions of Approval. The applicable subdivision improvement and dedication requirements of this chapter and any other improvements and dedications required by the review authority in compliance with Section 17.81.060 (tentative map approval or disapproval), shall be described in conditions of approval adopted for each approved tentative map (Section 17.81.070). 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 Article 6, Chapter 4 of the Map Act.

2. In the event that oversizing is required, the city shall comply with all applicable provisions of Map Act Sections 66485 et seq., including the reimbursement provisions of Map Act Section 66486.

3. If a parcel proposed for subdivision is subject to an existing reimbursement agreement, the subdivider shall pay the required reimbursement prior to the recordation of the 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 in compliance with Section 17.80.100 (exceptions to subdivision standards).

A. Purpose. This section establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. 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.

B. Applicability. Each subdivision shall be designed in compliance with the standards of this section, except where an exception is granted in compliance with Section 17.80.100 (exceptions to subdivision standards).

C. Density of Residential Development. The maximum number of dwelling units within a proposed subdivision shall not exceed the density established by the general plan for the site and the maximum number of dwelling units permitted by the applicable zone.

D. Roads and Streets. The layout, design, and construction of proposed roads and streets shall comply with the general plan, the city's standard specifications and drawings, and the following requirements:

1. 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.

2. Street Extensions and Stub Streets.

a. Street Extensions. Where a proposed subdivision adjoins unsubdivided land, streets in the subdivision shall be extended to the adjacent unsubdivided land, as prescribed by the review authority, where determined to be appropriate to provide access to the unsubdivided land in the event of its future subdivision.

b. Stub-End Street Improvements. In the case of stub-end streets extending to the boundary of the property, a barricade, of a design 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. Where required by the review authority, a temporary connection to another street, or a temporary turnaround, shall be provided by the subdivider.

3. Traffic Calming. A subdivision that is subject to the requirements of this section shall incorporate traffic calming measures in compliance with the city's improvement standards as determined by the review authority to be appropriate.

4. Pedestrian Walkways Away from Street Frontages. As part of subdivision approval, the city 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. Where walkways are required, the city engineer shall specify standards for their design and construction.

5. Street Dedications. A street that is not constructed to city standards will not be accepted by the city for dedication as a public street. However, even a street that complies with all applicable city standards may not be accepted for dedication. Acceptance of street dedication is at the discretion of the council.

6. Bicycle Paths. The subdivider shall construct bicycle paths within an approved subdivision as determined by the review authority. In the event that the review authority determines that bicycle path construction within a subdivision would be infeasible or constitute unsound engineering, the review authority may grant the subdivider the option to pay into a bicycle path fund the amount per foot, as determined by the review authority.

7. 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 Map Act Section 66484, after the city has established a master plan for bridge crossings and major thoroughfares by ordinance.

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

F. Parcel Design. The size, shape and arrangement of proposed parcels shall comply with this section, and with any general plan policy, specific plan requirement, or other Municipal Code provision that applies to proposed 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 in compliance with all applicable provisions of this development code.

b. No subdivision shall be designed to leave 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 development.

2. Parcel Area. Each proposed parcel shall comply with the minimum area requirements of the applicable zone established by Article 2 (zones, allowable land uses, and zone standards), except as otherwise provided by this section.

a. Calculation of Area. When calculating the area of a parcel to determine compliance with this section, Article 2, or the general plan, the following shall be deducted from the gross area of any parcel, regardless of whether they may be used by the general public or are reserved for residents of the subdivision:

(1) A vehicular or non-vehicular access easement through the parcel;

(2) An easement for an open drainage course, whether a ditch, natural channel or floodway;

(3) Other easement restricting the use of the property;

(4) The "flag pole" (access strip) of a flag lot; or

(5) Other non-usable areas as determined by the city engineer or director.

b. Minimum Lot Area Requirements for Common Interest Projects. The minimum lot area requirements of Article 2 shall not apply to condominiums, condominium conversions, and townhouses, but shall apply to the creation of the original parcel or parcels that are the location of the condominium or townhouse.

3. Dimensions. The dimensions of each new parcel shall comply with the requirements of the applicable zone established by Article 2 (zones, allowable land uses, and zone standards), 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 lot design provisions regarding energy conservation in Subsection G.

a. Street Frontage Required. Each proposed parcel shall have frontage on a public or private street. The frontage width shall be at least the minimum lot width required by the applicable zone, except where a flag lot is approved in compliance with Subsection F.5.d (flag lots).

b. Double-Frontage Lots. No parcel shall have streets abutting both the front and rear lot lines, except when necessary because of topographical or other physical conditions or where access from one of the roads is prohibited. (An alley is not considered a street for the purposes of this section.)

Vehicular access onto a double frontage lot shall generally be from the street with the lowest existing and projected traffic volumes, but with each proposed building designed so that its primary facade faces the higher volume street. The review authority may authorize alternative access locations where appropriate because of localized traffic conditions, and/or nearby residential areas that would be adversely affected by increased traffic.

c. Cul-De-Sac Lots. The minimum street frontage width for each lot on a cul-de-sac street shall be twenty-five feet. The minimum depth of a parcel on a cul-de-sac shall be an average of ninety feet.

d. Flag Lots. Flag lots shall generally not be permitted. A flag lot may be approved only where the Review Authority determines that unusual depth or other characteristic of a parcel to be subdivided prevents one or more proposed parcels from having a frontage width equal to the required minimum lot width. Where allowed, the "flag pole" portion of a flag lot shall have a minimum width of twenty feet; provided that the review authority may require additional width depending upon the length of the flag pole and traffic safety sight distance considerations. No more than two parcels shall be provided access from a single flag pole.

G. 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, in compliance with Map Act Section 66473.1, as follows:

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

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

H. Walled or Gated Communities. No residential development within the city shall be entirely enclosed by a wall or fence, and no residential area shall be provided with gates or other limitations on general public pedestrian or vehicle access to the streets or sidewalks within the development.

Each new residential subdivision of twenty or more parcels shall comply with the requirements of this section in addition to the other requirements of this chapter, and address how new residential subdivisions shall relate to their surroundings.

A. Develop "Neighborhoods." Each new residential subdivision shall be designed to integrate with adjacent development to ensure edges between existing and new development that provide for compatible densities, intensities, and design, as determined by the review authority. Subdivisions in city expansion areas shall be designed so that individual, separately developed projects work together to create distinct neighborhoods, instead of disjointed or isolated enclaves.

B. Integrate Open Space. New subdivisions adjacent to planned or existing parks or other public open spaces (e.g., creeks, riparian areas), or the landscaped grounds of schools or other public facilities shall maximize visibility and pedestrian access to these areas. Where these facilities are not already planned, the subdivision shall be designed to provide usable public open spaces in the form of parks, linear bicycle and pedestrian trails, squares, and greens, as appropriate.

C. Edges. "Gated communities," and other residential developments designed to appear or that function as walled-off areas, disconnected and isolated from the rest of the community, are prohibited. The security and noise attenuation objectives that may lead to consideration of walls and fences should instead be met by creative design that controls the height and length of walls, develops breaks and variations in relief, and uses landscaping, along with natural topographical changes, for screening.

D. Scale. New residential subdivisions, and groups of subdivisions that, in effect, collectively create a new neighborhood, shall be designed to provide a "walkable" scale, that places all homes within one-quarter mile of neighborhood shopping opportunities, a neighborhood park, or a public facility that can serve as a "center" for the neighborhood. Where feasible, each neighborhood shall have a center that includes all three facilities.

E. Site Planning. Residential subdivision and multi-family project site planning shall emphasize the needs of pedestrians and cyclists.

1. Street Layout. New public streets and sidewalks shall be aligned with, and be connected to those of adjacent developments to interconnect the community.

a. Pedestrian Orientation. Subdivision design shall emphasize pedestrian connectivity within each project, to adjacent neighborhoods, nearby schools and parks, and to transit stops within one-quarter mile of planned residential areas. All streets and walkways shall be designed to provide safe and pleasant conditions for pedestrians, including the disabled, and cyclists, as determined by the review authority.

b. Block Length. The length of block faces between intersecting streets shall be as short as possible, no more than four hundred feet where feasible, to provide pedestrian connectivity.

c. Access to Open Areas. Single-loaded streets (those with residential development on one side and open space on the other) shall be used to provide public access to, and visibility of natural open spaces, public parks, and neighborhood schools, as well as a means for buffering homes from parks and schools.

Where single-loaded streets are not feasible or desirable, other methods that provide similar access and visibility may be used, including private streets, bike and pedestrian paths, or the placement of private common open space or recreation facilities adjacent to the public open space.

d. Cul-De-Sac Streets. The use of cul-de-sac streets shall be avoided wherever possible. If cul-de-sacs are necessary, the end of each cul-de-sac shall provide a pedestrian walkway and bikeway between private parcels to link with an adjacent cul-de-sac, street, and/or park, school, or open space area.

e. Alleys. Alleys may be provided for garage access, otherwise individual lots shall be wide enough to accommodate a side yard driveway to a detached garage at the rear of the lot, so that appearance of the street frontage is not dominated by garages and pavement.

f. Traffic Calming. A subdivision that is subject to the requirements of this section shall incorporate traffic calming measures in compliance with the city's improvement standards as determined by the review authority to be appropriate.

2. Open Space and Natural Features.

a. Natural amenities (including views, mature trees, creeks, riparian corridors, rock outcrops, and similar features) shall be preserved and incorporated into proposed development to the greatest extent feasible.

b. Development adjacent to parks or other public open spaces shall be designed to provide maximum visibility of these areas.

c. Development on hillsides shall generally follow the natural terrain contour. Stepped building pads, larger lot sizes, and setbacks shall be used to preserve the general shape of natural landforms and to minimize grade differentials with adjacent streets and with adjoining properties.

d. Public access and visibility to creeks, and the separation of residences and other uses from creeks shall be provided through the use of single-loaded frontage roads in combination with multi-use trails. Pedestrian access to and along creeks and riparian corridors may need to be restricted to flatter areas (e.g. beyond top of bank, natural benches) where grading needs and erosion potential are minimal, and where sensitive environmental resources require protection.

A. Private Facilities—Maintenance. A subdivision with common area or private streets shall have conditions, covenants, and restrictions (CC&Rs) or an improvement assessment district approved by the city to provide for the maintenance of the common areas and/or private streets, and establish standards for maintenance.

B. Public Utilities and Utility Easements. Each approved parcel shall be provided connections to public utilities, including electricity, gas, water, sewer, and telecommunications services, which shall be installed as part of the subdivision improvements as provided by this section.

1. Underground Utilities Required. Utilities in new subdivisions shall be installed underground, as follows. These requirements do not apply to utility lines which do not serve the area being subdivided. Telecommunications facilities are also subject to the requirements of Chapter 17.46 (telecommunications facilities).

a. When Undergrounding is Required. All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any subdivision shall be installed underground. Equipment appurtenant to underground facilities, including transformers, pedestal mounted terminal boxes and meter cabinets, and ducts, shall also be located underground or entirely within a building, not located with a right-of-way or required setback.

The subdivider is responsible for complying with the requirements of this section and shall make the necessary arrangements with the affected utility companies for facility installation.

b. Location of Installation. Underground utility lines may be installed within a public or private street right-of-way or along a lot line, subject to appropriate easements being provided if necessary. When installed within a public street right-of-way, their location and method of installation, insofar as it affects other improvements within the street right-of-way, shall be subject to the approval of the city engineer.

2. Utility Easements—Minimum Width. The minimum width of easements for public or private utilities, sanitary sewers, or water distribution systems shall be determined by the city engineer for city facilities, and the recommendations of the applicable utility company, for public or private utilities.

C. Sewage Disposal. Each parcel within an approved subdivision shall be provided with a connection to the city's sewage collection, treatment, and disposal system, in compliance with the city's improvement standards and specifications. The subdivider shall also pay any required connection fee.

D. Street Signs and Street Names.

1. Street Names. All public and private streets within a proposed subdivision shall be named by the council. 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 an existing street.

2. Street Signs. The subdivider shall provide a minimum of two street name signs in compliance with the city's improvement standards and specifications at each street intersection; with the signs located on the diagonally opposite sides of the intersection. The subdivider shall provide one street name sign at each "T" intersection.

Subdivision improvements required as conditions of approval of a tentative map in compliance with this chapter (see Section 17.88.050) shall be installed as provided by this section.

A. Timing of Improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with Section 17.88.070, and before the approval of a parcel or final map in compliance with Sections 17.82.060 (parcel map approval) or 17.82.100 (final map approval), except where:

1. Improvements are deferred in compliance with Section 17.88.070 (improvement agreements and security); or

2. Improvements are required as conditions on the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required:

a. When a building permit is issued for development of an affected parcel; or

b. At the time the construction of the improvements is required in compliance with an agreement between the subdivider and the city, as set forth in Section 17.88.070 (improvement agreements and security); or

c. At the time set forth in a condition of approval, when the review authority finds that fulfillment of the construction requirements by that time is necessary for public health and safety, or because the required construction is a necessary prerequisite to the orderly development of the surrounding area; or

3. 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 prior to the preparation of subgrade and prior to the surfacing of any streets or alleys. In the event that the development of the subdivision requires the utility company to perform utility construction work, the developer shall pay a deposit satisfactory to the utility company within sufficient time to permit construction work to be performed prior to subgrade preparation. In no event shall subgrade preparation commence before installation of all necessary utilities and laterals.

B. Inspection of Improvements. The construction and installation of required subdivision improvements shall occur as follows:

1. Supervision. 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. The designated representative shall be present at the work site at all times while work is in progress. At times when work is suspended, arrangements acceptable to the city engineer shall be made for any emergency work that may be required.

2. Inspection Procedures.

a. Inspections Required. The city engineer shall make any inspections as he/she deems necessary to ensure that all construction complies with the approved improvement plans. Where required by the city engineer, the developer shall enter into an agreement with the city to pay the full cost of any contract inspection services determined to be necessary by the city engineer.

b. Access to Site and Materials. The city engineer 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 accordance with the approved improvement plans.

c. Authority for Approval. The work done and all materials furnished shall be subject to the inspection and approval of the city engineer. 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. 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 city engineer. In the event that the city engineer determines that subdivision improvements are not being constructed as required by the approved plans and specifications, he or she shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume work. Any work done after issuance of a stop work order shall be a violation of this chapter.

3. Notification. The subdivider shall notify the city engineer upon the completion of each stage of construction as outlined in this chapter, and shall not proceed with further construction until authorized by the city engineer.

4. Additional Inspection Requirements. Conditions of approval and standard general notes from the standard drawings outline additional inspection requirements.

A subdivider may file, and the city may approve, a parcel or final map before completion of all the public, common area, and other improvements required by this development code and conditions of approval of the tentative map, only when the subdivider first obtains council approval of a subdivision improvement agreement executed and submitted for council review by the subdivider, and provides the city performance security as required by this section. Improvement agreements and required security shall also comply with Chapter 5 of the Map Act.

A. Contents of Improvement Agreement. A subdivision improvement agreement shall be submitted on the form provided by the city and approved by city attorney and shall include the following provisions:

1. Description of Improvements. A description of all improvements to be competed by the subdivider, with reference to the approved subdivision improvement plans;

2. Time Limit for Construction. The period within which all required improvements will be completed to the satisfaction of the city engineer;

3. Completion by City. Provide that if the subdivider fails to compete all required improvements within the specified time, the city may elect to complete the improvements and recover the full cost and expenses thereof from the subdivider or the surety, including any attorney and legal fees associated with enforcement of the agreement;

4. Surety Requirement. Require the subdivider to secure the agreement by furnishing security to insure full and faithful performance and to insure payment to laborers and material suppliers, as specified in Subsection B. The amount of surety shall be based on an engineer's cost estimate submitted by the subdivider and approved by the city engineer, which covers all public improvements, private improvements for the general use of the lot owners in the subdivision, local neighborhood traffic, and drainage. The total cost of improvements to be guaranteed shall be as provided in the approved engineer's cost estimate; and

5. Phased Construction. Provisions for the construction of improvements in units, at the option of the subdivider.

B. Security Required to Guarantee Improvements. A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate surety in a form approved by city attorney, as follows:

1. Type of Security. Improvement security shall be in the amount set forth or authorized in Map Act Section 66499.3.

a. If the security is other than a bond or bonds furnished by a duly authorized corporate surety, an additional amount shall be included as determined by the council as necessary to cover the cost and reasonable attorney's fees, which may be incurred by the city in successfully enforcing the obligation secured.

b. The security shall also secure the faithful performance of any changes or alterations in the work, to the extent that such changes or alterations do not exceed ten percent of the original estimated cost of the improvement.

2. Form of Security. The required surety shall consist of one or more of the following forms selected by the city engineer for the full amounts specified in Subsection B.1 above.

a. A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable bonds of the kind approved for securing deposits of public monies;

b. A bond or bonds executed by one or more duly authorized corporate sureties;

c. An instrument of credit from an agency of the state, federal, or local government when any said agency provides at least twenty percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the state or federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; or a letter of credit issued by such a financial institution;

d. A lien upon the property to be divided, created by contract between the owner and the city, where the review authority finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map; or

e. Any form of security, including security interests in real property, which is acceptable to the local agency.

C. Time Extensions. An extension of time for completion of improvements under a subdivision improvement agreement shall be granted by the council only as follows:

1. Engineering Report. The city engineer notifies the council that either the subdivider is proceeding to do the work required with reasonable diligence or is not yet ready to develop the subdivision, and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension.

2. Agreement by Sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety, or if recommended by the city engineer, at an increased amount.

3. Council Action. The council approves or denies the extension. As a condition of granting a time extension, the council may impose whatever additional requirements the council deems reasonable to protect the public interest.

D. Acceptance of Improvements. Before acceptance for maintenance or final approval by the council of subdivision improvements, the city engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications.