Imperial County Municipal Code Ch. 4 Design Standards of Subdivisions

Footnotes:

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Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 4, which pertained to the same subject matter, consisted of §§ 90804.00—90804.06, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

A. All land divisions shall conform to the comprehensive General Plan of Imperial County, with all applicable specific plans, with the requirements of the Title 9 and all other ordinances, except as hereinafter provided.

B. The requirements set forth within this Title are minimum requirements, and the County may impose greater requirements if so justified.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A. The Board of Supervisors has found that certain dwellings were constructed within agricultural zones prior to the enforcement of minimum parcel size requirements which effectively prevent conveyances of lots smaller than the applicable minimum parcel size. The Board establishes as follows, for those circumstances where dwellings already in existence may be conveyed on undersized parcels, provided adequate assurance is given that residential development on the remainder parcel will not result in an increase in the density of residential uses permitted in the zone in which the property is located. A minor subdivision creating no more than two parcels in an A-2, A-2-R or A-3 zone may be approved if one or both parcels contains an area less than the minimum lot size for the particular zone, provided that:

1. The subdivision is to authorize conveyance of land occupied by a single-family dwelling which was actually constructed prior to April 1,1976.

2. The subdivider agrees to convey and surrender development rights to the County covering a sufficient remainder of property to guarantee that the reduction in the lot area will not result in an increase in the density of residential uses than otherwise permitted in the zone in which the property is located. Such a conveyance shall be in a form approved by the Planning Director and shall be recorded with the final parcel map as required by Section 90805.02(E).

3. Compliance is made with all other requirements contained in this Division.

B. Acreage limitations for parcel maps submitted in connection with geothermal projects shall be set forth in Section 91701 et seq.

C. Applications for lot reductions shall be made, in writing, stating fully the reasons and justification for the requested exception, and shall be submitted with the application for a land division.

D. Notwithstanding Sections 90508.04 and/or 90509.04, the Planning Director or Planning Commission may approve a parcel map creating no more than four parcels where one or all of the parcels is smaller than the applicable minimum parcel size only if all of the following conditions and findings can be met.

CONDITIONS

There are existing small parcels within identified existing enclaves that meet all (1.-5.) of the following conditions:

1. The existing and the proposed parcels meet or can meet minimum health and safety standards for potable water, for fire protection, for police protection and for sewage disposal.

2. There are six or more existing small contiguous parcels (one-half to ten (10) acres maximum) within a confined area.

3. There are at least six existing residences within the enclave.

4. The enclave consists of parcels sized to allow further division while still meeting minimum parcel sizes that can meet the requirements of this Division.

5. The further division of land within the enclave does not promote the enlargement of the outer boundary of the area.

FINDINGS:

To allow divisions of land within an identified enclave the Commission and/or Board of Supervisors must be able to make the following findings:

1. The division is within an impacted enclave that will not further adversely impact surrounding agricultural operations.

2. The division enhances agricultural land protection by converting existing impacted land more efficiently and by keeping other agricultural land protected.

3. The division is within an existing enclave of six or more shall (< ten (10) acres) parcels, and six or more existing residences.

4. The parcel(s) shall not be less than one-half acre net if a full soils report shows adequate soil conditions to support development and long-term sewage disposal capacity. Larger size parcels will be required, if the soils report or other factors necessitate. Approval from the Division of Environmental Health Services is also required.

5. The area can be provided adequate fire and police protection services. A written statement from the Fire Department and Sheriff/Police Department shall be required.

6. The division can mitigate and comply with added traffic impacts.

7. The proposed division has an adequate supply of water to each parcel, through an acceptable conveyance system, and can or will provide potable water to each parcel.

8. Each existing, as well as proposed parcel, abuts a public road or highway and/or has legal and physical access via a County road.

9. The long-term impacts of additional sewage disposal system within the enclave is verified and can sustain the additional loads as shown by acceptable engineering studies.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

All subdivisions for which a tentative map is required by this Division shall conform to the following requirements as to design:

A. Every lot shall contain the minimum lot area specified in the applicable zoning ordinance for the zone in which said lot is located at the time the final map is submitted to the Board of Supervisors for its approval. Provided, however, if no minimum lot area is established by the zoning ordinance, every lot shall contain a net area of no less than six thousand (6,000) square feet, in areas where full public services exists otherwise it shall be twenty thousand (20,000) square feet.

B. Every lot shall front on a dedicated street or a street offered for dedication.

C. Every lot shall be at least fifty (50) feet wide exclusive of side yards required in the zone in which the lot is located, provided, however, that no lot shall measure less than sixty (60) feet wide measured at the right-of-way line.

D. Lot widths, depths, and area requirements may be modified when the subdivision is within or contiguous to a subdivided area and when the modifications are necessary to match existing development. Such modifications shall be approved by the Board of Supervisors in each and every case.

E. Lots whose side lines are approximately radial to the center of a cul-de-sac or the center of the intersection of two dead-end streets shall have at least thirty-three (33) feet of frontage measured at the right-of-way line.

F. Through lots shall not be allowed unless vehicular access rights are relinquished to one of the abutting streets.

G. The side lines of lots shall be at right angles or radial to the street upon which the lots from with a maximum deviation of up to ten (10) degrees allowed.

H. Lot depth shall be at least eighty (80) feet and shall be no greater than four times the average width.

I. Whenever practicable, subdivisions of residential property, abutting major and arterial routes shown on the circulation element of the General Plan, railroads, transmission lines or open flood control channels, shall be designed so that the lots face away from such right-of-way.

J. Lot size shall not be less than the minimum required by the zoning classifications applicable to the subject property, and shall be consistent with the Comprehensive General Plan for Imperial County.

K. Corner lots shall be designed to provide a building site equal to that required for interior lots in the same zone.

L. When lots are crossed by major public utility easements, each lot shall have a net usable area of not less than five thousand (5,000) square feet, exclusive of the utility easement.

M. Panhandle shaped lots or flag shaped lots, if permitted, shall have a minimum frontage of forty (40) feet or minimum access for emergency vehicles whichever is more on a dedicated street. Panhandles may not serve any lot except the lot in which said panhandle is a part nor shall any panhandle have a length of more than two-thirds the distance from the street on which the panhandle fronts to the rear lot line.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A. The subdivider shall offer to dedicate right-of-way for streets within the subdivision in accordance with Imperial County Standards.

B. No subdivision map shall be approved unless the street or streets providing primary access to the subdivision are dedicated to and maintained by a city, county, or state and said street or streets meet County Standards or right-of-way width.

C. Streets which are proposed along the exterior boundaries of a subdivision shall have a dedicated width of no less than forty (40) feet together with a one-foot wide strip of land abutting its outer edge, to be known as a "barrier strip", which shall be offered to the County for street purposes and over which access rights are relinquished.

D. All streets proposed to be terminated at the exterior boundary of a subdivision shall include a one-foot wide strip of land, to be known as a "barrier strip", across said street width at its termination at said exterior boundary which shall be, offered for street purposes and over which access rights are relinquished.

E. Where it is necessary to extend a street beyond the boundaries of a subdivision to provide adequate circulation for residents of the subdivision, the subdivider shall cause the required rights-of-way to be dedicated to the County and shall improve said easements in accordance with the County Standards.

F. Where a drainage facility or flood control facility is necessary for the use of lot owners or for the protection of lots, adequate rights-of-way for such drainage facilities or flood control facilities shall be offered for dedication to the County or to such other public entities that the Board of Supervisors designates and shall be shown on the map.

G. Where it is necessary to extend a drainage facility or flood control facility beyond the boundaries of the subdivision for adequate drainage or flood control needs, the required rights-of-way shall be offered for dedication.

H. Drainage facilities and flood control facilities within and without the subdivision shall be provided so as to carry storm run-off both tributary to and originating within the subdivision.

I. The subdivider may be required to dedicate or to offer to dedicate land for park purposes, pay fees in lieu thereof, or do a combination of both.

J. The subdivider shall offer to dedicate, in accordance with the County Standards, the necessary rights-of-way for bicycle routes under the following circumstances:

1. When such routes, shown on the Circulation Element of the Imperial County General Plan, pass through or about the subdivision; and

2. When a subdivider is required to dedicate rights-of-way for streets in subdivisions containing two hundred (200) or more lots, and such routes are necessary and feasible for the use and safety of the residents.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

All residential developments in the R-1, R-2, R-3 or R-4 Zones shall comply with the following:

A. Street and road dedication shall be made to the County in the manner described by the Imperial County Public Works Department for all existing or proposed local, secondary or collector highways. The required dedication shall be thirty (30) feet from centerline for local streets, forty-five (45) feet from centerline for secondary streets, fifty-five (55) feet from centerline for collector highways, or as required by adopted, official or specific plans. In the case where a street is on the boundary of a development, a minimum of forty (40) feet shall be dedicated to the County.

B

All street improvements shall include the required base and pavement to tie existing pavement to proposed entrances, exits, etc. Existing pavement shall be soft cut at a match point. If the project site abuts a state highway, road improvements shall be provided as required by the California Department of Transportation.

C. Obstructions within street rights-of-way shall be removed or as specified by Imperial County Public Works Department.

D. Curbs, gutters and sidewalks shall be constructed for all Major Subdivisions.

E. All access drives, parking areas and vehicular maneuvering areas shall be surfaced with a minimum of three inches of asphaltic concrete paving or material of higher quality.

F. All new on-site utility services shall be placed underground, unless the utility supplier requests otherwise.

G. All subdivision require drainage plans for the management and disposal of all surface drainage water originating on-site and shall be approved by the Imperial County Public Works Department in coordination with the Imperial County Public Health Department, Division of Environmental Health as needed. Easements or right-of-way deeds shall be granted to the County of Imperial for drainage purpose.

H. All subdivisions shall provide for methods of potable water supply and sewage disposal that shall meet the requirements of and be approved by the Imperial County Division of Environmental Health or the California Department of Health Services, whichever has primary jurisdiction. At a minimum, all subdivisions shall be connected to a water system that meets the design and operational standards of the California Safe Drinking Water Act (California Health and Safety Code, commencing with Section 116270) and regulations adopted pursuant thereto. The Act and its implementing regulations shall apply to all systems serving subdivisions regardless of size.

I. All subdivisions shall provide for methods of sewage disposal that shall meet the requirements of and be approved by the Imperial County Division of Environmental Health and/or the Regional Water Quality Control Board (Colorado River Basin) of the California Department of Water Resources.

J. All subdivisions shall provide fire protection facilities and access ways which meet the requirements of and are approved by the Imperial County Fire Department/Office of Emergency Services.

K. When residential subdivisions abut property zoned for non-residential purposes, a six-foot solid masonry wall shall be constructed entirely within the proposed development along the exterior boundary abutting the adjoining property zoned for non-residential purposes. The wall height shall be reduced to thirty (30) inches within the required front yard setback area. The proposed wall design and materials shall be approved by the Planning and Development Services Department and the Public Works Department.

L. All major subdivisions shall provide a lighting plan and all exterior lighting shall be directed away from adjacent properties, and away from or shielded from public roads.

M. For developments with ten (10) or more dwellings, a minimum of five percent of the net total parcel area shall be designated and developed as useable open space provided however no less than four hundred (400) square feet of useable area shall be designed and developed. The required useable area may be divided into more than one location, provided no single location is less than four hundred (400) square feet.

N. During all on-site grading and construction activities, adequate measures shall be implemented to control fugitive dust emissions.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

All development in the C-1, C-2, C-3, M-1, M-2 and M-3 Zones shall comply with the following:

A. Street and road dedications shall be made to the County in a manner prescribed by Imperial County Public Works Department, for all existing or proposed local, secondary or collector highways. The required dedication shall be thirty (30) feet from centerline for local streets, forty-five (45) feet from centerline for secondary streets, fifty-five (55) feet from centerline for collector streets.

B. All subdivisions shall provide road or street improvements as required by the Department of Public Works, and to the standards contained within this Title.

C. Obstruction within street rights-of-way shall be removed as specified by Imperial County Public Works Department.

D. Curbs, gutters and sidewalks shall be constructed for all major subdivisions when required as part of the street improvement.

E. All access driveways, parking areas and vehicular maneuvering areas shall be surfaced with a minimum of three inches of asphaltic concrete paving or higher quality material.

F. All new on-site utility services shall be placed underground.

G. All subdivisions require drainage plans for the management and disposal of all surface drainage water originating on site shall be approved by the Department of Public Works in coordination with the Imperial County Public Health Department, Imperial County Division of Environmental Health, as needed. Easements or rights-of-way deeds shall be granted to the County of Imperial for drainage purposes.

H. All subdivisions shall provide for a method of potable water supply as required and approved by Imperial County Division of Environmental Health or the California Department of Health Services, whichever has primary jurisdiction. At a minimum, all subdivisions shall be connected to a water system that meets the design and operational standards of the California Safe Drinking Water Act (California Health and Safety Code, commencing with Section 116270) and regulation adopted pursuant thereto. The Act and its implementing regulations shall apply to all systems serving subdivisions regardless of size.

I. All subdivisions shall provide for methods of sewage disposal that shall meet the requirements of and be approved by the Imperial County Division of Environmental Health and/or the Regional Water Quality Control Board (Colorado River Basin) of the California Department of Water Resources.

J. All subdivisions shall provide for fire protection facilities and access ways as may be required by the Imperial County Fire Department.

K. When the subdivision abuts property zoned for residential use, a six-foot high masonry wall shall be constructed entirely within the proposed development along the exterior boundary abutting the adjoining property. The wall height shall be reduced to three feet within the required front yard setback area.

L. All industrial subdivisions require a lighting plan and all exterior lighting shall be shielded and directed away from adjacent properties and away from or shielded from public roads.

M. The subdivider shall comply with the Public Works Director's conditions requiring construction of necessary drainage and flood control structures to conform to Imperial County standards.

N. The subdivider shall provide proof satisfactory to the County that there exists an adequate potable water supply available to each lot or parcel and that subdivider shall install or agrees to install minimum pressure water supply pipe of a diameter conforming to County standards.

O. The subdivider shall form a water district or mutual water company created to insure the continuity, maintenance, and operation of an adequate water system to the subdivision.

P. The subdivider shall provide all necessary easements and rights-of-way to accommodate all streets, drainage and flood control structures and facilities and sewer systems extending beyond the boundaries of the subdivision.

Q. Should the Board of Supervisors determine by reason of the size and shape of the proposed lots, the nature of the terrain to be subdivided, the soil condition of the lots or the development of the area in the vicinity of the proposed subdivision, a public sewer disposal system serving the lots will be required to preserve the public health, the Board of Supervisors shall require the subdivider to install or agree to install a public sewer disposal system serving said lots as a precondition to the approval of any final map. Said system shall conform to County standards.

R. The subdivider shall as a condition to the subdivision construct or shall cause to be constructed at his/her cost a street lighting system conforming to County standards. There shall be an association or special district created to maintain said lighting system.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

A. Every final or parcel map shall show the following monuments which shall be set by a licensed land surveyor or registered civil engineer authorized to practice land surveying at the time of making the survey.

1. Boundary monuments. The exterior boundary of the subdivision shall be monumented with permanent monuments of no less than two-inch diameter iron pipes at least eighteen (18) inches long at the intermediate points along the boundary no more than one thousand (1,000) feet apart and the beginning and end of points of all curves. If any existing record and identified monument meeting the foregoing requirements is found in good condition at any such corner or point, such monument may be used in lieu of any new monument.

2. Center line of street monuments shall be installed.

3. Lot corner monuments. All lot corners except when coincident with exterior boundary corner, shall be monumented with permanent monuments of one of the following types: (i) a minimum of three-quarter inch diameter iron pipe at least eighteen (18) inches long bearing the certificate number of the licensee setting the monument; (ii) copper or brass identification disks permanently set in concrete sidewalks or curbs so as to not be easily disturbed.

4. Such additional monuments to mark the limiting lines of streets as the County Surveyor may require.

5. All other monuments set or proposed to be set.

6. Bench marks shall be set as directed by the Department of Public Works.

B. The monumentation of the exterior boundary of a remainder parcel or the centerline of streets need not be placed or shown on a parcel map, if acceptable to the County Surveyor.

C. All monuments and their installation shall conform to the County standards.

(Ord. No. 1565, §§ 5, 6, 12-15-20)