Livingston Municipal Code Ch. 10 Design and Improvement Standards

Design and improvements shall conform to this title and the improvement standards. Design shall also provide for adequate traffic circulation and should promote the extension of aesthetic values.

(Ord. 295, passed 2-4-1986)

Road layout shall conform as follows.

(A) Street rights-of-way widths shall be in accordance with the city’s standard specifications.

(B) Streets which are extensions of existing streets shall continue the centerline of the existing street, as far as practicable, either in the same direction or by adjustment curves.

(C) All opposing streets entering upon any given street shall have their centerlines directly opposite each other or separated by at least 125 feet.

(Ord. 295, passed 2-4-1986)

The centerlines of streets shall intersect one another as nearly at right angles as practicable, shall not be excessively curved, and shall conform to the requirements for sign distance as provided in the standard specifications.

(Ord. 295, passed 2-4-1986)

Access from abutting land, not part of a subdivision, shall not be permitted to a dedicated part width or dead end road over a restricted access strip.

(A) Restricted access strips shall be provided along and at the end of part width and dead end roads to separate them from abutting land not part of the subdivision.

(B) Said restricted access strip shall be not less than one foot in width and shall be offered for dedication to the city for road purposes.

(C) Said restricted access strip shall be shown on the map and identified as a “restricted access strip” (insert, in alphabetical order, the appropriate letter designation).

(Ord. 295, passed 2-4-1986)

The design of the subdivision shall be so that full width local roads will be provided unless said requirement is waived in accordance with the provisions of Chapter 11 of this title. In no case shall a local street which provides for less than one parking lane and two travel lanes be provided.

(Ord. 295, passed 2-4-1986)

(A) Stub roads shall be provided where necessary to give access to or permit a satisfactory future development of adjoining land. The road shall extend to the boundary line of the property, or within one foot thereof where a restricted access strip is dedicated.

(B) Stub roads which are abutted by more than one lot on either side shall be terminated by a temporary turnaround. The turnaround shall conform to the standard specifications. A stub road may be approved by the City Council without a temporary turnaround when the road is less than 150 feet in length, or its length equals the dimensions of the corner lot along the road, whichever is greater.

(Ord. 295, passed 2-4-1986)

Cul-de-sac roads shall be terminated by a permanent turnaround as provided in the improvement standards. Cul-de-sac roads shall not exceed 300 feet in length, measured from the centerline of the intersecting road to the end of the turnaround, in which case the maximum length may be 500 feet.

(Ord. 295, passed 2-4-1986)

(A) Where lots in a subdivision front on any highway shown on the circulation element of the general plan, the City Council may require the dedication and improvement of a frontage road for access to those lots.

(B) Frontage road intersections which open onto any highway shown on the general plan shall be through the bulb type intersection as provided in the standard specifications.

(Ord. 295, passed 2-4-1986)

When a subdivision does not abut upon a public road, an access road may be required by the City Council to connect the subdivision with a public road. When required, the access road shall meet all requirements of this title.

(Ord. 295, passed 2-4-1986)

Whenever the Commission or City Council has determined that a particular local road is not at this time warranted, but is anticipated to be necessary in the future to serve local neighborhood traffic needs, the City Council may require that the location, width and extent of such road be shown on the final map and offered for dedication for road purposes.

(Ord. 295, passed 2-4-1986)

If a parcel of land to be subdivided includes a portion of the right-of-way for a state highway, the right-of-way of which has been certified by the California Transportation Commission, the subdivider shall either dedicate or withhold from the subdivision all the area included in said right-of-way.

(Ord. 295, passed 2-4-1986)

Whenever it is proposed to subdivide property abutting an approach to an existing or specific plan lined grade separation, the subdivision shall be so arranged that any lot abutting such approach shall have suitable access elsewhere, and that the street layout adequately provides for and conforms to such approach.

(Ord. 295, passed 2-4-1986)

(A) Where required. An alley, with adequate ingress and egress provided for truck traffic, may be required at the rear or side of lots where the property is to be used for multiple residential, commercial or industrial use.

(B) Intersections. Intersecting alleys shall not be permitted.

(C) Width. Alleys, when required, shall be a minimum of 20 feet in width.

(Ord. 295, passed 2-4-1986)

(A) Sewer, gas and water. Sewer, gas and water mains shall not be on rear or side lot easements unless street location is found to be impracticable or uneconomical and unless specifically approved by the City Council.

(B) Storm drains and flood control. Easements for storm drains and flood control shall be provided within the subdivision when deemed necessary by the City Council.

(C) Public utilities. Easements for underground electrical and telephone facilities shall be provided as requested by the affected utility.

(Ord. 295, passed 2-4-1986)

All easements within a subdivision shall not be less than 20 feet in width, being not less than ten feet on each side of abutting properties. However, easements of a lesser width may be approved by the City Council when it has been determined that the purpose of any easement may be accomplished by the use of a lesser width.

(Ord. 295, passed 2-4-1986)

(A) The area and dimensions of lots shall be in conformity with the zoning regulations for the zoning district in which the proposed subdivision is located. A larger minimum lot area may be required when necessitated by topographical and geological consideration.

(B) All lots shall have frontage on at least one public or approved private road as required by the appropriate zoning district. The width of such frontage shall not be less than that prescribed by the zoning regulations for the zoning district in which the proposed subdivision is located.

(Ord. 295, passed 2-4-1986)

A grading plan shall be prepared prior to acceptance and approval of the final subdivision map. The grading plan shall depict the depth and extent of all excavations and embankments which constitute changes in original grade from that shown on the approved tentative subdivision map. All grades shall conform to the datum used in the city’s bench mark system.

(Ord. 295, passed 2-4-1986)

The side line of all lots, so far as possible, shall be at right angles to the road which the lot faces, or radial or approximately radial if the road is curved.

(Ord. 295, passed 2-4-1986)

No lot shall be divided by the boundary line of a county, school or special district.

(Ord. 295, passed 2-4-1986)

Double frontage lots, other than corner lots, which abut two roads and have a depth less than 240 feet will not be approved except where necessitated by topographical or other physical conditions or where ingress or egress to and from one of the roads is prohibited by law or where direct access rights have been or will be waived.

(Ord. 295, passed 2-4-1986)

Blocks shall not exceed 1,320 feet in length between road centerlines, except where topographical or other conditions require longer blocks.

(Ord. 295, passed 2-4-1986)

Where a subdivision or any part thereof is transversed by any watercourse, channel, stream, creek, or canal, the subdivider shall, subject to riparian rights, indicate the physical limits thereof.

(Ord. 295, passed 2-4-1986)

(A) Land subject to flooding and land deemed by the City Engineer to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may endanger health, life or property, or aggravate the flood hazard; and shall be shown on the map as subject to inundation or otherwise uninhabitable.

(B) Such land may be filled or otherwise improved in a manner and to a degree approved by the City Engineer so it is no longer subject to the restrictions of this section. The required improvements shall be completed or agreed to be completed by secured agreement pursuant to § 6-10-40 of this chapter prior to the approval of the final map.

(C) Lands included within areas designated by the Federal Flood Insurance Administration as flood prone areas or shown on maps supplied by the U.S. Department of Agriculture, Soil Conservation Service or the U.S. Corps of Engineers as being within flood prone areas, shall not be divided until a plan provided by the subdivider is approved by the City Engineer showing how all development within the subdivision will be floodproofed in a manner which will not adversely affect surrounding properties.

(Ord. 295, passed 2-4-1986)

All land shown and designated on the final map for any public use shall be offered for dedication.

(Ord. 295, passed 2-4-1986)

As a condition precedent to acceptance and approval of the final map or parcel map, the subdivider shall make or agree to make, the minimum improvements as set out in § 6-10-26 of this chapter and in accordance with the standard specifications. Additional improvements may be required if deemed by the City Council to be necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs. Such improvements shall conform to the standard specifications.

(Ord. 295, passed 2-4-1986)

(A) Public roads or private roads. All roads dedicated for public use approved private roads shall be improved in accordance with the standard specifications.

(B) Previously dedicated rights-of-way. The City Council may require the subdivider to improve previously dedicated roads, public ways or easements to the degree required by subsection (A) of this section. When so required by the City Council, improvements shall conform to the standard specifications.

(Ord. 295, passed 2-4-1986)

(A) The city street tree Ord. 293 provides for the planting, protection, regulation and control of trees in street tree areas.

(B) 1. It shall be the responsibility of the developer of new building construction to plant and stake trees in areas dedicated as rights-of-way. They shall be planted as approved in the tentative map and be of an approved type and size.

2. A minimum containerized tree size of 15 gallons per tree shall be required. Proper care and maintenance is the subdivider’s responsibility until this responsibility is assumed by the purchaser of a parcel. It shall be the responsibility of the developer or resident to replace trees and/or stakes due to damage or if plant ceases to live.

(C) 1. Street trees shall be of a variety on the master tree list of acceptable trees of the city. The acceptable trees are as follows:

(a) Chinese pistachio (male) sweet gum;

(b) Norway maple;

(c) Tulip tree;

(d) Tupelo (sour gum);

(e) Camphor; and

(f) Ginkgo - maidenhair.

2. Single-family zones: one street tree per parcel up to and including a lot width of 80 feet. Any fractional lot width in excess of 80 feet will require one additional street tree for a total of two. However, on corner parcels one street tree will be required per street lot frontage and any additional trees based upon the above lot width requirements.

3. Multiple-family zones: the city shall require for duplex, triplex, fourplex, dwelling groups, apartments and the like, a minimum of two street trees per parcel up to and including a lot width of 80 feet. Any fractional lot width in excess of 80 feet will require one additional street tree for a total of three and/or an overall formula of one street tree every 30 feet on center. (Note: additionally, on corner parcels the above criteria applies, but to both street frontages of the parcel.)

4. Commercial and industrial zones: the city shall require for commercial and industrial zones a minimum of one tree for every 60 feet.

(Ord. 295, passed 2-4-1986)

Sidewalks shall be installed in accordance with the standard specifications.

(Ord. 295, passed 2-4-1986)

When the rear or side of any lot abuts an expressway, arterial or collector street shown on the general plan, and access to such highway has been relinquished, a wall may be required to be erected along the abutting lot line in accordance with the standard specifications.

(Ord. 295, passed 2-4-1986)

Sanitary sewer lines and appurtenances shall be installed and connections made to the existing system in accordance with requirements established by the City Engineer.

(Ord. 295, passed 2-4-1986)

(A) All lots within an approved subdivision shall be served by connection to the city water system. The method of connection with the water system, and design of the water system within the subdivision shall be subject to the approval of the City Engineer.

(B) Whenever a well and tank site is to be located within a subdivision in conjunction with the city water system, the well site and its access right-of-way shall be shown on the tentative and final maps and be designated for such use. When the well site or other system facilities are to be located outside the subdivision boundaries, easements shall be conveyed to the city prior to the recordation of the final map.

(Ord. 295, passed 2-4-1986)

Fire hydrants shall be installed in accordance with the standard specifications.

(Ord. 295, passed 2-4-1986)

The subdivider shall install drainage facilities to adequately remove surface and storm waters from the subdivision. When so required, installation shall conform to the standard specifications.

(Ord. 295, passed 2-4-1986)

Any abandoned well, existing well or any irrigation pipelines which are abandoned, or to be abandoned shall be removed, destroyed or completely filled by the subdivider, within the tract, in a manner approved by the City Engineer as part of the subdivision improvements.

(Ord. 295, passed 2-4-1986)

Necessary street name signs, warning signs, regulatory signs, markers, barricades, and other safety and public convenience facilities shall be installed in accordance with the improvement standards and specifications established therefor by the city. The subdivider may deposit with the city sufficient sums for the furnishing and installation of certain of the above facilities.

(Ord. 295, passed 2-4-1986)

All improvements lying outside of the tract, and necessary for the general use of the lot owners in the subdivision and neighborhood traffic needs, shall conform to the improvement standards.

(Ord. 295, passed 2-4-1986)

Streetlights shall be installed in accordance with the standard specifications.

(Ord. 295, passed 2-4-1986)

All utilities shall be placed underground, in accordance with the requirements of the utility concerned, in either city street easements or appropriate utility easements. When utilities are installed in city street easements, they shall be laid subject to the standard specifications.

(Ord. 295, passed 2-4-1986)

All bikeways dedicated for public use or approved private use shall be improved in accordance with the standard specifications.

(Ord. 295, passed 2-4-1986)

(A) Agreement requirements. Where the required improvements are not completed before a final map is approved or where the installation of improvements has been mutually agreed upon or required to be installed by a time specific as a condition precedent to the approval of a parcel map, the subdivider shall enter into an agreement with the City Council prior to the approval of the final map or parcel map to either complete the work or initiate and consummate proceedings under an appropriate special assessment act for the financing and improvement thereof. Such agreement shall provide for the following:

1. Time limit for completion of required improvements;

2. Procedures for making changes or alterations that become necessary during the performance of the work;

3. A requirement for maintenance for a period of one year after the completion and acceptance thereof against any defective work or labor done or defective materials furnished for those portions of the work which contain earth excavations or embankments in excess of eight feet; and

4. A requirement for maintenance for a period of one year after the completion and acceptance thereof against any defective work or labor done, or defective materials furnished in the performance of the agreement with the Council or the performance of the act.

(B) Renewal. At the request of the subdivider, the City Council may renew this agreement at the expiration of this time. Such agreements shall provide for the release of the required improvement security when the conditions of the agreement are completed.

(C) Security. To assure the city that this work will be completed, improvement security shall be provided subject to § 6-12-5 of this title.

(D) Assessment district method. Where a special assessment district is formed for the purpose of financing and constructing the designated improvements, the original improvement security may be reduced in an amount not to exceed 90% of the contract amount thereof at such time as the contract for the work is executed.

(Ord. 295, passed 2-4-1986)

Where improvements are proposed or are required by the provisions of this title, improvement plans shall be submitted to the City Engineer for his or her review and approval. The improvement plans shall show full details of the improvements as required by the improvement standards. The improvement plans shall be prepared and signed by a registered civil engineer. During construction of the improvements, this civil engineer shall be available for consultation on the general supervision of the various phases of the construction operation. He or she shall also be responsible for providing construction engineering and surveying to enable the work covered by the improvement plans to be completed.

(Ord. 295, passed 2-4-1986)

All underground utilities required by the final map approval to be installed below the surface improvement in public roads or alleys or easements shall be constructed prior to the installation of any surface improvements.

(Ord. 295, passed 2-4-1986)

All required improvements shall be constructed under the inspection of the City Engineer and shall be subject to approval and acceptance by resolution of the City Council. The cost of all inspections shall be paid by the subdivider as provided in § 6-12-2 of this title.

(Ord. 295, passed 2-4-1986)

Prior to the recordation of the final map of a subdivision containing any improved private roads, the subdivider shall have provided for their maintenance the formation of a permanent road district formed in the manner set forth by Cal. Streets and Highways Code § 1020. The City Council may waive this requirement when it finds such permanent road district would not be in the public interest, in which event the City Council may impose such other provisions for maintenance which it deems appropriate.

(Ord. 295, passed 2-4-1986)

(A) The design of a subdivision for which a tentative map is required pursuant to this title shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

(B) Examples of passive or natural heating opportunities in subdivision design, include design of lot and configuration to permit orientation of a structure in an east-west alignment for southern exposure.

(C) Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

(D) In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

(E) The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.

(F) For the purposes of this section, FEASIBLE means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, social and technological factors.

(Ord. 295, passed 2-4-1986)

(A) Upon approval of the final subdivision map and the subdivision improvement agreement by the City Council, and upon recordation of the final subdivision map with the County Recorder’s office, the subdivider may begin construction of new homes within new subdivisions provided that all subdivision improvements including storm drainage, water, sewer, natural gas, electrical power lines, cable television, other dry utilities, curb, gutter, sidewalk, asphalt pavement associated with the applicable phase of the subdivision improvements, and all other city required infrastructure shall be substantially completed. For the purposes of deeming the subdivision improvements as substantially complete, the City Engineer shall make a determination that:

1. All underground utilities have been installed per city approved engineering plans;

2. All curb, gutter, sidewalk, streetlights, street signage and striping have been installed per city approved engineering plans;

3. All streets needed to serve the phase of the subdivision, for which the final subdivision map has been recorded, have been paved. The City Engineer may require that the final lift of the asphalt concrete pavement not be installed until substantial completion of home construction. In extenuating circumstances such as weather, an alternative temporary type of surface sufficient to provide access for emergency vehicles may be permitted by written agreement with the city;

4. Water mains and fire hydrants are installed and fully operational in the area of the subdivision where permits are requested;

5. There is adequate and safe access to all areas within the project for city personnel and emergency vehicles; and

6. All other permit requirements for issuance of building permits have been met and building permits issued.

(B) The provisions in subsection (A) of this section shall not apply for the construction of up to eight model homes in the subdivision phase.

(C) It shall be the responsibility of the subdivider to allow no human occupancy in any dwelling unit (including model homes) until all necessary subdivision improvements have been installed, utilities are functioning and written approval for occupancy has been given by the city.

(D) It shall be unlawful for any subdivider to sell any portion of an approved subdivision until the prospective buyer has been advised by the subdivider that building permits shall not be issued or occupancy permitted until the required subdivision improvements are completed and accepted by the city.

(Ord. 295, passed 2-4-1986)