Chapter 12.12 — STANDARDS OF DESIGN

Sec. 12.12.010. - Conformance with standards of design.

Subdivisions shall be designed in conformance with the following standards of design. Deviation from these standards may be requested pursuant to Section 12.12.230.

(OCC § 7-9-263)

Sec. 12.12.020. - Compliance with Grading Code.

No tentative tract map or parcel map shall be approved for property on which a violation of the provisions of Chapter 10.06, Grading Code, exist, including work performed not in accordance with approved grading plans, unless conditioned to require such violation to be corrected or mitigated to the satisfaction of the Building Official prior to recordation.

(OCC § 7-9-265.1)

Sec. 12.12.030. - Boundary lines.

(a)

Tentative map boundaries shall be drawn so as to include all of the area of all abutting parcels which are owned by the same property owner and proposed for boundary alteration. However, when any land is proposed to be divided in such a way that the subdivision will include a portion of such land, any portion with a contiguous gross area of five acres or more which is not proposed to be included within the subdivision may be identified by reference on the tentative map.

(b)

A portion of a tentative parcel map may be designed as a remainder for the purpose of an exception to the survey requirements, in compliance with the following provisions:

(1)

Any remainder shall have a gross area of five acres or more.

(2)

Any remainder so designated shall not be considered to be a building site.

(3)

Any remainder so designated shall not be improved with any building or structure that is subject to the requirements of the City's Building Code.

(c)

Whenever a parcel of real property lies partially within the City and partially within another municipality or an unincorporated area, any proposal to subdivide such real property shall be consistent with existing City boundaries. No lot or parcel, except proposed public or private street rights-of-way, shall be partially within the City and partially within another municipality or an unincorporated area. Any portion of such real property lying within another City or the County shall be included on the tentative map for the purpose of showing the remainder parcel, but any approving action on the tentative map by the City shall not be construed as approval of any design or improvements not within the City.

(d)

Regardless of its size, no portion of any property shown on the latest equalized County assessment roll as a unit or contiguous units shall be excluded from within the boundaries of a subdivision for the purpose of avoiding dedication or improvement of any street, drainage or flood control facility.

(OCC § 7-9-266)

Sec. 12.12.040. - Lots/parcels.

(a)

Each lot or parcel being created by a subdivision shall be either numbered or lettered. If it is numbered, it must comply with the requirements of a building site as defined in the Title 13, Zoning.

(b)

Lettered lots or parcels may not be used as building sites and need not comply with the requirements of a building site.

(c)

Lettered lots other than streets shall be labeled as to their intended use.

(d)

A numbered lot which is platted so that it is in more than one zoning district shall comply with area and width requirements of the zoning district having the greater requirements.

(OCC § 7-9-267)

Sec. 12.12.050. - Private streets.

Private streets shall be permitted pursuant to conditions specified in the Subdivision Manual, only when the local agency finds that the occupants of the subdivision will be better served and the welfare of the general public will not be impaired thereby.

(OCC § 7-9-269)

Sec. 12.12.060. - Street widths.

(a)

Subdivisions shall be designed in conformance with the standard plans adopted by the City Council, except:

(1)

Streets in residential districts requiring a building site area of 15,000 square feet or more and where no sidewalks are to be installed, shall have a right-of-way that will provide a parkway width of at least four feet.

(2)

Private streets serving four or less parcels as access to a public street shall provide for a minimum pavement width of 16 feet within a minimum 20-foot-wide right-of-way.

(3)

Private streets serving five parcels or more as access to a public street shall provide for a minimum pavement width of 28 feet within a minimum forty-foot-wide right-of-way.

(4)

Streets in a subdivision which provides an approved alternate pedestrian circulation system shall have a right-of-way that will provide a minimum parkway width of at least four feet.

(b)

In the event of a conflict between this section and the City's General Plan, the General Plan shall control.

(OCC § 7-9-271)

Sec. 12.12.070. - Curved local street and highway radii.

The centerline radii of curves on local streets or highways shall be not less than:

(1)

One thousand five hundred and fifty feet on highways shown on the Master Plan of Arterial Highways as major arterial highways;

(2)

One thousand four hundred feet on highways shown on the Master Plan of Arterial Highways as primary or secondary arterial highways;

(3)

Five hundred fifty feet on collector streets;

(4)

Two hundred fifty feet on local streets.

(OCC § 7-9-274)

Sec. 12.12.080. - Local street lengths.

Local streets shall not exceed 1,000 feet in length without a significant change in alignment.

(OCC § 7-9-275)

Sec. 12.12.090. - Local street and highway corner cutoffs and corner radii.

All local street and highway corner cutoffs and corner radii shall be designed in conformance with the Standard Plans as adopted by the City Council.

(OCC § 7-9-276)

(a)

Sidewalks shall be designed in accordance with the standard plans adopted by the City Council and located as follows:

(1)

Along both sides of arterial highways.

(2)

Along all commercial and industrial frontage;

(3)

Along both sides of collector streets;

(4)

Along residential frontage where the required minimum building site area is less than 15,000 square feet and the lots have access to the street, except in those instances where an alternate pedestrian circulation system is proposed;

(5)

Along all streets leading directly to a school, a designated school bus stop or a park;

(6)

Where the sidewalk will provide a continuation or link between other sidewalks.

(b)

Additional pedestrian ways not abutting a street shall be provided when necessary for access to schools, recreation and other public areas. These pedestrian ways shall not be less than six feet in width.

(OCC § 7-9-277)

Sec. 12.12.110. - Bicycle, riding and hiking trails.

Where the City General Plan circulation element or any officially adopted specific or precise plan designates such trail as lying wholly or partially within any proposed subdivision, the necessary right-ofway for such trail shall be shown on the map in compliance with such adopted plans, and shall be designed in accordance with the City General Plan circulation element.

(OCC § 7-9-278)

Street lighting shall be provided along, and at the intersections of all arterial highways and local streets in accordance with the illumination levels specified in the generally accepted design standards as identified by the City Manager or designee, except as otherwise approved by the Director.

(OCC § 7-9-279)

Sec. 12.12.130. - Underground utility lines.

(a)

Utility lines, including, but not limited to, electric, communications, street lighting and cable television, shall be required to be placed underground within any new, revised or reactivated residential subdivision. The subdivider is responsible for making the necessary arrangements with the utility companies for the installation of such facilities. For the purpose of this subsection, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal mounted terminal bases and meter cabinets, and concealed ducts in an underground system may be placed aboveground within the street right-of-way where sufficient right-of-way width exists so as not to pose a serious hazard to pedestrian traffic. If approved by the Director, utility lines, the main purpose of which is to provide service to customers outside of the original boundaries of the subdivision, and those utility lines which were in service in the area covered by the tentative tract or tentative parcel map prior to the filing of the tentative map may be placed aboveground.

(b)

Required underground utility lines may be located in street or alley rights-of-way or along any lot line.

(c)

Overhead utility lines shall be located at the rear of lots or parcels where practical. The poles supporting such overhead lines shall not be installed within any street, alleyway, drainage easement or flood control channel.

(d)

Above ground installation of utilities shall be permitted on a temporary basis when such utilities are required during construction; provided, however, that such utilities shall be removed or placed underground prior to the final exoneration of street improvement bonds.

(OCC § 7-9-280)

All lots intended for development shall be connected to a sanitary sewer system unless the Director has determined that each lot is adequate to accept a private septic system.

(OCC § 7-9-281)

(a)

Tentative maps shall illustrate the existing and proposed manner in which water drains onto, across and off of the land being subdivided, including the facilities and easements necessary to accommodate the drainage.

(b)

In the event a subdivider unnaturally concentrates or diverts surface water running onto adjacent land, the map shall illustrate the manner in which such water will be accepted and disposed of.

(c)

If an existing or proposed flood control channel, as shown on an officially adopted flood control plan, is located so that any portion of it lies within (or adjacent to) a subdivision, the channel shall be illustrated on the map as a lettered lot in a width and in an alignment corresponding to the flood control plan.

(d)

Where any lot is designed in such a manner that it will not drain with a minimum one percent grade directly to a street or common drainage facility, it shall be designed in a manner that will conform to the following criteria:

(1)

Lots shall be designed in such a manner that manmade slopes are not subject to sheet flow or concentrated runoff from either the same or an adjacent lot.

(2)

All water flowing down manmade slopes, except that falling on each slope, shall be constrained within an approved drainage device.

(3)

All water flowing from one lot to or across another lot shall be within an approved drainage device located within a properly executed easement, where appropriate.

(OCC § 7-9-282)

(a)

Manmade slopes shall be designed so that they can be conveniently maintained so as to minimize erosion, slope failure and unsightly conditions.

(b)

This section does not apply to manmade slopes five feet in height or less.

(c)

All manmade slopes shall be shown on tentative maps and shall be classified, labeled and designed as follows:

(1)

Type A: Those proposed to be maintained by a public agency or by a group, such as a homeowner's association, and which are located either adjacent to an arterial highway or within a park, greenbelt, or other public or common open space area.

(2)

Type B: Those proposed to be maintained by a group, such as a homeowners' association, and which are located within or adjacent to individual owners and which are not within a park, greenbelt, or other public or common open space area.

(3)

Type C: Those proposed to be maintained by individuals and which are located within individual lots in such a manner that they are inappropriate for maintenance by a group such as a homeowner's association.

(d)

Manmade slopes shall be designed to resemble natural terrain where feasible, with a minimum of long, flat, inclined plane surfaces and acute angles.

(e)

Manmade slopes shall be no steeper than allowed by Chapter 10.06, Grading Code.

(f)

The maximum height of manmade slopes steeper than five feet horizontal to one-foot vertical shall be as follows:

(1)

Type A and Type B: No maximum.

(2)

Type C: Twenty feet.

(g)

Manmade slopes shall not be constructed one on top of another or combined in such a manner so that they exceed the maximum heights specified in Subsection (e) above. However, this limitation shall not apply to adjacent slopes on land abutting the subdivision, provided there is a visual and physical break of

at least ten usable feet, exclusive of drainage facilities, between the top of the lower slope and the top of the upper slope.

(h)

Lettered lots shall not include Type C slopes, unless such slopes will be directly visible from the probable building pad on the lot.

(i)

Automatic irrigation systems shall be incorporated into the design of Type A and Type B slopes. An irrigation system connected to the water system serving the main use of the lot shall be incorporated into the design of Type C slopes.

(j)

The design of manmade slopes shall include landscaping in accordance with the requirements of Section 12.12.180.

(OCC § 7-9-283)

Sec. 12.12.170. - Parks.

Local parks shall be shown on the tentative map as required by Code and in a manner consistent with the General Plan.

(OCC § 7-9-284)

Sec. 12.12.180. - Landscaping and screening.

The design of the areas listed below shall include appropriate landscaping for aesthetic, noise suppression, fire protection and/or erosion control purposes:

(1)

Manmade slopes greater than five feet in height;

(2)

Common areas;

(3)

Roadway medians and parkway areas;

(4)

Lots containing existing significant trees or other plants proposed to be preserved;

(5)

Fuel modification areas;

(6)

Other open space areas.

(OCC § 7-9-285)

Sec. 12.12.190. - Rivers and streams.

(a)

Any proposed subdivision fronting upon a public waterway, river or stream shall be designed so as to provide reasonable public access by fee or easement from a public highway to and along that portion of the bank of the river or stream bordering or lying within the proposed subdivision. The extent, width and character of the public easement shall be reasonably defined to achieve reasonable public use of the public waterway, river or stream consistent with public safety.

(b)

The governmental entity to which the access route will be offered for dedication shall be indicated on the map.

(c)

In determining what is reasonable public access, the following factors shall be considered:

(1)

That the easement may be for a foot trail, bicycle trail or horse trail;

(2)

The size of the subdivision;

(3)

The type of riverbank and the various appropriate recreation, educational and scientific uses, including, but not limited to, swimming, boating, diving, fishing, water skiing, scientific collection and teaching.

(4)

The likelihood of trespass on private property and reasonable means of avoiding such trespass.

(OCC § 7-9-287)

Sec. 12.12.200. - Lakes and reservoirs.

(a)

Any proposed subdivision fronting upon any lake or reservoir which is owned in part or entirely by a public agency shall be designed so as to provide reasonable public access by fee or easement from a public highway to the water of the lake or reservoir upon which the subdivision borders, either within the subdivision or a reasonable distance from the subdivision.

(b)

The governmental entity to which the access route will be offered for dedication shall be indicated on the map.

(c)

In determining what is reasonable public access, the following factors shall be considered:

(1)

That access may be highway, foot trail, bike trail, horse trail, or any other means of travel;

(2)

The size of the subdivision;

(3)

The type of shoreline and the various appropriate recreational, educational and scientific uses, including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific explorations and teaching;

(4)

The likelihood of trespass on private property and reasonable means of avoiding such trespass.

(OCC § 7-9-288)

Sec. 12.12.210. - Fire protection.

(a)

Any subdivision proposed to be located in an area shown on the safety element to be a State designated high or extreme fire hazard area or a designated special fire protection area shall provide appropriate fire protection by means of firebreaks, fuel modification programs, access roads, sufficient water supply, landscaping and open spaces, and such other methods that the Fire Chief has determined will insure the public health, safety and welfare of the future occupants of the subdivision and the adjacent area.

(b)

The design of any required fuel modification program shall include landscape architectural planning encompassing visual quality standards, watershed impact and erosion control, and wildlife impact and other design features described in the fire hazard reduction design criteria. Said program shall include provisions for landscape architectural construction observation, inspection and maintenance.

(c)

The cost of the design and implementation of any fuel modification program shall be the responsibility of the subdivider.

(d)

A method or procedure for assuring continued maintenance of any required fuel modification program shall be provided by the subdivider and approved by the Fire Chief and the Director.

(OCC § 7-9-289)

Sec. 12.12.220. - Dangerous areas to be removed or controlled.

Areas proposed to be subdivided which are known to be dangerous by reason of geological conditions, unstable subsurface conditions, groundwater or seepage conditions, flood hazard, Inundation or erosion by the ocean, or any other dangerous conditions, shall be approved for subdivision only when the Planning Commission finds that such conditions or hazards are to be removed or that appropriate measures or controls will be applied which will assure adequate protection to the subject property and to surrounding uses and improvements.

(OCC § 7-9-290)

Sec. 12.12.230. - Deviations from standards of design.

(a)

The Planning Commission may approve tentative maps which deviate from the standards of design contained in the following sections:

12.12.040 Lots/parcels.

12.12.070 Curved local street and highway radii.

12.12.090 Local street and highway corner cut-offs and corner radii.

12.12.100 Sidewalks and pedestrian ways.

12.12.110 Bicycle, riding and hiking trails.

12.12.120 Street lighting.

12.12.130 Underground utility lines.

12.12.210 Fire protection.

(b)

The deviations from the standards of design contained in sections listed in subsection (a) shall be identified by a note on the face of the tentative map, and the subdivider shall submit evidence of justification for each deviation.

(c)

Special circumstances which may be cited to justify a deviation from the standards of design listed in subsection (a) include, but are not limited to, the character of the community, alternative means of pedestrian circulation, environmental considerations, physical constraints, existing nearby uses and a limited amount of ultimate traffic.

(d)

The Planning Commission shall take specific action on each requested deviation. Deviations not specifically approved shall be considered to be disapproved.

(OCC § 7-9-291)

CHAPTER 12.14. - DEDICATION[[5]]

Footnotes:

--- ( 5 ) ---

State Law reference— Dedications, Government Code § 66475 et seq.

Sec. 12.14.010. - Required dedication for public use or benefit.

The Planning Commission may require the dedication to the public, to the City or to such other public agency, as may be appropriate, of all real property or interest therein both on or off-site required for public use or benefit, including, but not limited to, the following:

(1)

Local streets, arterial highways, and transportation corridors,

(2)

Alleys,

(3)

Trails, paths, and pedestrian ways,

(4)

Flood control facilities,

(5)

Parks,

(6)

Easements for landscaping maintenance,

(7)

Public utility easements,

(8)

Public transit facilities,

(9)

Other public easements,

(10)

Access ways to the ocean shoreline, bay shoreline, lakes, reservoirs, rivers, or streams as provided in Sections 12.12.190, and 12.12.200.

(OCC § 7-9-295)

Sec. 12.14.020. - Transfer of ownership required for private use or benefit.

The Planning Commission may require that the items listed in Section 12.14.010 be deeded for private use or benefit to a homeowners' association or other responsible body.

(OCC § 7-9-296)

Sec. 12.14.030. - Vehicular access rights and abutters' rights to arterial highways and local streets.

Whenever specified by the Planning Commission, offers of dedication of arterial highway shall include the release and relinquishment of vehicular access rights to and from such arterial highways from any property shown within a final tract or parcel map abutting thereon. When the local agency finds that there is a particular circulation problem on a local street, release and relinquishment of access rights to and from said street may be required.

(OCC § 7-9-297)

Sec. 12.14.040. - School sites.

The subdivider submitting a tentative tract map may be required to dedicate land for the school facilities necessary to assure the residents of the subdivision adequate public school service in accordance with the requirements and procedures set forth in the Subdivision Map Act (Government Code § 66410 et seq.). Whenever the Planning Commission imposes such a dedication requirement, it may concurrently approve an alternate tentative map, to be effective in the event the school district affected does not offer to enter into a binding commitment within 30 days to accept the dedication. A dedication pursuant to this section

shall only be required at the request of a school district made within 20 working days of the notice given pursuant to Section 12.10.020.

(OCC § 7-9-298)

State Law reference— School dedications, Government Code § 66478.