Chapter 17.92 — SUBDIVISION DESIGN AND IMPROVEMENTS

This Chapter in conjunction with the City's Improvement Standards, 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 parcels that are compatible with existing neighborhoods, the natural environment, the health and safety of City residents, and are consistent with the General Plan and any applicable Specific Plan.

The requirements of this Chapter apply to subdivisions, and Conditional Certificates of Compliance, in addition to all applicable requirements of this Development Code, as follows:

• A. Design standards. The standards in Sections 17.92.030 through 17.92.180 of this Chapter apply to the design of all proposed subdivisions, in addition to all applicable requirements of the City Engineer and the Improvements Standards.

• B. 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 17.96.060 (Tentative Map Approval or Denial), shall be described in conditions of approval adopted for each approved Tentative Map, Section 17.96.070 (Conditions of Approval). The design, construction or installation of all subdivision improvements shall comply with the City's Improvement Standards.

• C. Conficting provisions. In the event of conflicts between the provisions of this Chapter and other provisions of this Development Code, or other provisions of the Municipal Code, the most restrictive provisions shall control.

• D. Extent of improvements required. As required by Section 66411.1(a) of the Map Act, improvements required for subdivisions of four or fewer parcels shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created.

• E. Oversizing of improvements. 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. If required, a portion of the cost of these oversized improvements shall be reimbursed to the subdivider in compliance with Map Act Sections 66485 et seq.

• F. Exceptions. Exceptions to the provisions of this Chapter may be requested and considered in compliance with Section 17.90.060 (Exceptions to Subdivision Standards).

Proposed subdivisions shall be designed to provide adequate access from each new parcel to a City street, State highway, or County road. Street systems to be constructed with new subdivisions shall be designed in compliance with the City's Improvement Standards.

• A. General access and circulation requirements. The subdivider shall provide a comprehensive street system, designed in compliance with the General Plan and constructed in accordance with the City's Improvement Standards.

  1. Street design shall provide for safe vehicular operation at a specified design speed.

  2. Public streets shall be required when:

     • a. The street is shown as an arterial or collector on a master street and highway plan, the General Plan, or any other specific or precise plan;

     • b. The street will be used by the general public as a through access route; or

     • c. A public street is necessary for special needs including bus routes, public service access, bicycle routes and pedestrian access.

Private streets are allowed only in compliance with subsection F of this Section.

• B. Alternative standards. The review authority may consider and approve proposed access and street design solutions that differ from the provisions of this Section, and the requirements of the City Engineer, where deemed necessary to properly address the characteristics of adjacent land uses and/or anticipated traffic volumes, or to maintain neighborhood character.

• C. Access to subdivision. Every subdivision shall be designed to have access to a City street, State highway, or County road. Access shall be provided by:

  1. The subdivision abutting a City street, County road, or State highway, where the length of the subdivision along the street, the street right-of-way, and the width of the right-of-way will accommodate the construction of all road improvements required by this Section; or

  2. The subdivision being connected to a City street, State highway, or County road by a nonexclusive right-of-way easement for street, utility, and appurtenant drainage facilities purposes, where the easement shall be:

     • a. Offered for dedication unless the review authority determines the easement may be permitted as a private road in compliance with subsection F of this Section;

     • b. Unencumbered by any senior rights that might serve to restrict its proposed use; and

     • c. Of a width and location to accommodate the construction of all improvements required by the City's Improvement Standards.

• D. Access to new parcels. Parcels within a proposed subdivision shall be provided access as follows.

  1. City street access required. Each parcel within a proposed subdivision shall be provided access by being located on an existing City street or a new City street designed and improved in compliance with subsection C of this Section, or to a private street if allowed by subsection F of this Section.

2. Access denial. Access to a State Highway or City street shall be prohibited as follows. Reservation strips shall be dedicated to the State or City, as appropriate, where required to control access over certain lot lines, or over the ends of street stubs.

   • a. When a State highway or a street classified as an arterial in the Circulation Element of the General Plan passes through or abuts a proposed subdivision, direct access to the highway or arterial shall not be permitted from proposed parcels.

   • b. The review authority may also deny access to a City street, County road, or private street, at any location where it determines that traffic safety will be compromised by uncontrolled access; provided that each parcel shall have at least one point of physical and legal access to a City street, of sufficient width to accommodate a driveway in compliance with Section 17.48.080 (Driveways and Site Access) of this Development Code.

   3. Frontage roads. When lots are proposed to front on a major arterial or State highway, the review authority may require the subdivider to dedicate and improve a service or frontage road separate from the arterial or highway.

   4. Alleys. Alleys may be proposed as part of residential or nonresidential subdivisions. When a subdivision is proposed in an area zoned commercial or industrial, the subdivider may be required to dedicate and improve alleys in accordance with the City's Improvement Standards.

• E. Design and improvement of proposed streets. New streets proposed or required within a new subdivision or adjacent to a new subdivision shall be located and designed as follows, and in compliance with the requirements of the City Engineer.

  1. Alignment. The alignment of streets shown on a Tentative Map shall be:

     • a. Consistent with the Circulation Element of the General Plan, and/or any adopted street alignment plan, where applicable; and

     • b. Located to be in alignment with existing adjacent streets by continuation of their centerlines, or by adjustments by curves.

     • c. Cul-de-sac and dead end streets shall be discouraged.

  2. Right-of-way and surfaced width. The width of the right-of-way and improved surface of streets shown on a Tentative Map shall comply with the City's Improvement Standards, and the requirements of the City Engineer.

  3. Access to unsubdivided property. When a proposed subdivision abuts vacant land that is designated by the General Plan for future subdivision and development, the review authority may require that streets to be constructed and/or rights-of-way established within the proposed subdivision to be extended to the boundary of the property to provide access to the future development.

4. Improvements to existing streets. When an existing City street provides access to, passes through, or is contiguous with a proposed subdivision, the review authority may require dedication of additional right-of-way and/or improvements to be made to the City street in compliance with the General Plan, and the City's Improvement Standards if they determine that the proposed subdivision will create the need for the improvements, or where the subdivider otherwise agrees to the improvements.

   5. Length of loop, cul-de-sac, and other dead-end streets. The length of loop, cul-de-sac, and other dead-end streets shall comply with the City's Improvements Standards.

• F. Private roads. Private roads are allowed as provided in this Section. Private roads shall not be permitted except where the review authority determines that a private street system will adequately serve the proposed subdivision, will not be a substantial detriment to adjoining properties and will not disrupt or prevent the establishment of an orderly circulation system in the vicinity of the subdivision.

  1. Design and improvement standards. Private roads shall be designed and improved as set forth in subsections B and C and in accordance with the City's Improvement Standards;

  2. Security and conditions. The review authority may require any guarantees and conditions it deems necessary to carry out the provisions of this article pertaining to private roads. Private roads and easements providing access to parcels within a subdivision shall be located and shown on the Parcel or Final Map.

• G. Alternative circulation systems. Proposed subdivisions shall be designed to reserve rights-ofway for pedestrian paths, bikeways and multiple use trails consistent with the Circulation Element of the General Plan, the City's Standards, and/or the Amador County Transportation Commission Pedestrian and Bicycle Plan as applicable. The review authority will determine when the alignment of these systems shown in the General Plan and/or in any applicable Specific Plan can be feasibly accommodated within the subdivision. Rights-of-way and easements shall be offered for dedication if the review authority determines that the facility is needed the proposed subdivision.

• H. Maintenance requirements. Where streets are offered for dedication, but not accepted for maintenance purposes, the City Attorney shall approve the provisions by the home owner's association or organization to assume responsibility for the maintenance and ownership of rights-of-way.

The design of a subdivision for which a Tentative and Final Map is required by this article shall provide for future passive or natural heating or cooling opportunities in the subdivisions, in compliance with Map Act Section 66473.1. The review authority may require solar access easements as it deems necessary to protect the opportunities for passive or natural heating or cooling, in compliance with the following requirements.

• A. The location and extent of the easements shall be determined by an analysis performed by a qualified professional engaged by the City at the expense of the applicant. The analysis shall specify the optimal location and dimensions of the easements, based on the topography and natural vegetation of the site and surroundings.

• B. The easement shall prohibit any structure which would extend into and block the passage of sunlight through more than 10 percent of the easement area at any time during the year. The easement shall also prohibit the property owner from allowing any vegetation other than native vegetation on the site prior to subdivision, from extending into and blocking the passage of sunlight through more than 10 percent of the easement area at any time during the year.

• C. The easement shall include provisions allowing the owner of the site which is protected by the easement discretion to revisions to the easement, or termination of the easement with approval of the City Planner. The City Planner shall not approve revisions to the easement, or the termination of the easement, if requested by the owner of the site that is subject to the easement. The City Planner shall not approve termination of a solar access easement except where he or she determines that the dwelling unit proposed on the site is not designed to utilize passive or natural heating or cooling.

• D. The review authority shall not require solar access easements where an easement would have the effect of reducing the density of residential units otherwise allowed on the site by Article II (Zoning Districts and Allowable Land Uses), and shall consider the feasibility of the easement, given the contour and configuration of the parcel to be divided.

Fire hydrants shall be installed within the proposed subdivision in compliance with the requirements of the Jackson Fire Department and the City's Improvement Standards.

New subdivisions shall be designed so that all proposed grading incorporates appropriate erosion and sediment control measures in compliance with the City's Improvement Standards and Chapter 17.36 (Hillside Development Standards) of this Development Code.

The review authority may require the subdivider to provide major structures, including retaining walls, bridges or dams, based on the needs for these facilities created by the subdivision. Each structure shall be designed and approved on an individual basis. The subdivider shall provide the City with all drawings, specifications, and engineering calculations used in the design of a major structure.

The subdivider shall install monuments in compliance with Chapter 17.110 (Surveys and Monuments), and the Map Act.

The design and configuration of proposed parcels and blocks shall comply with the requirements of Article II (Zoning Districts and Allowable Land Uses). A Tentative Map shall propose no more than one parcel as a designated remainder, or "not a part," and all portions of the designated remainder shall be contiguous.

• A. Park and recreational fee. As a condition of approval of any tentative map, a park and recreational fee in the amount set by City Council resolution shall be paid for each and every newly created parcel. Common area, open space, and similar parcels shall be exempt from the fee if enforceable restrictions are imposed on the parcel prohibiting residential development on the parcel. Condominium and townhouse parcels for which recreational facilities impact fees have been paid for the construction of the multifamily residential structure(s) on said parcels shall be exempt from the fee.

• B. In-lieu dedication of land. In lieu of the park and recreational fee, a dedication of land for park or recreational purposes within the subdivision may be required as a condition of approval for subdivisions containing more than 50 parcels.

Public utilities including electricity, gas, water, sewer, cable television, and telecommunications services, shall be installed as part of the improvements within all subdivisions as provided by this Section, and by Section 17.92.120 (Sewage Disposal) and Section 17.92.170 (Water Supply). The installation of utilities may be waived by the review authority if the review authority finds that not installing the utilities as part of the subdivision improvements is in the public interest.

• A. Underground utilities. Utilities in new subdivisions shall be installed underground, as follows:

  1. When undergrounding is required. All proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any subdivision with parcels less than three acres in area, shall be installed underground.

     • a. Equipment appurtenant to underground facilities, including surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts, shall also be underground, unless otherwise approved by the City Engineer.

     • b. Existing utility facilities need not be undergrounded unless they are to be enlarged or replaced.

     • c. 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.

  2. Location of installation. Underground utility lines may be installed within street rights-of-way or along a lot line, subject to the appropriate easements being provided where necessary. When installed within street rights-of-way, the location and method of installation shall be in accordance with the Public Improvements and Engineering Standards and subject to the approval of the City Engineer, insofar as it affects other improvements within the street right-of-way.

  3. Timing of installation. All underground utilities, water lines, sanitary sewers, and storm drains installed in streets, shall be constructed in accordance with the City's Improvement Standards.

• B. Utility easements. Where utility easements are required by the review authority, the easement shall comply the City's Improvement Standards.

The maximum number of dwelling units permitted within a proposed subdivision shall not exceed the number permitted by the applicable zoning district in Article II (Zoning Districts and Allowable Land Uses), and may be further restricted by considerations of safety, traffic access or circulation, the slope of the natural terrain, the physical suitability of the site, the nature or extent of existing development, the availability of public facilities, utilities, or open spaces or any other provision of this Development Code.

All subdivisions shall be served by and designed to provide connection to the City of Jackson's Wastewater Treatment Plant.

A proposed subdivision shall incorporate street lighting in compliance with the City's Improvement Standards and any applicable Development Code design standards.

All streets within a proposed subdivision shall be named, and the names shall be approved by the City Engineer and County of Amador Surveyor. Preference shall be given to names that are

historically significant to the area. Duplication of existing names within the City shall not be allowed in a new subdivision unless the street is an obvious extension of an existing street.

Subdivisions shall be provided storm drainage facilities as required by this Section, and the City's Improvement Standards.

Traffic control and safety devices shall be installed by the subdivider during subdivision construction as required by the review authority, to promote traffic control and safety both during construction, and after occupancy of the subdivision. Traffic control and safety devices shall include regulatory signs, warning signs, guide markers, construction signs, pavement markings, lane delineations, and traffic signals, as determined to be necessary by the review authority. Street name signs shall be installed at all public intersections in compliance with the City's Improvement Standards.

All Subdivisions shall provide water mains and services, installed to serve each parcel, and connected to the service facilities of the City of Jackson in accordance with the City's Improvement Standards.

Proposed subdivisions shall be designed to comply with all applicable provisions of Articles II (Zoning Districts and Allowable Land Uses) and III (Site Planning and General Development Standards) of this Development Code. For example, parcel boundaries proposed near existing structures shall comply with the set-back requirements of Article II.