Lodi Municipal Code Ch. 17.50 Subdivision Design and Improvement Requirements

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.

(Ord. No. 1869, § 2, 2-20-2013)

The requirements of this chapter apply to subdivisions, and applicable requirements of this article, as follows:

A. Extent of Required Improvements. All subdivisions shall provide the improvements required by this article, 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 public works director. No final map shall be presented to the council or parcel map to the public works director for approval until the subdivider either completes the required improvements, or enters into an agreement with the city for the work.

C. Subdivision Improvement Standards—Conditions of Approval. The applicable subdivision improvement and dedication requirements of this article and any other improvements and dedications required by the review authority in compliance with Section 17.52.070 (Tentative Map Approval or Disapproval), shall be described in conditions of approval adopted for each approved tentative map (Section 17.52.080). The design, construction or installation of all subdivision improvements shall comply with the requirements of the public works director.

D. Conflicting Provisions. In the event of any conflict between the provisions of this article and other provisions of this development code, or other provisions of the municipal code, the most restrictive provisions shall control. In the event of any conflict between the provisions of this article and the Map Act, the Map Act shall control.

E. Extent of Improvements Required—Four or Fewer Parcels. Improvements required for subdivision of four or fewer parcels shall be limited to those allowed by Map Act Section 66411.1.

F. Oversizing of Improvements. The oversizing of the improvements required to be installed by the subdivider for the benefit of the subdivision may be required in compliance with the Map Act.

G. City Construction. The city may install or construct certain improvements, such as street signs, water tie-ins, water and sewer taps, etc., which shall be at the expense of the subdivider as shown in the improvement agreement.

H. Exceptions. Exceptions to the provisions of this article may be requested and considered in compliance with Section 17.48.040 (Exceptions to Subdivision Standards).

(Ord. No. 1869, § 2, 2-20-2013)

Proposed subdivisions shall be designed to provide adequate access from each new parcel to a city street, in compliance with this section.

A. General Access and Circulation Requirements. The subdivider shall provide a comprehensive circulation system, designed and constructed in compliance with this section, the city's public improvement design standards and construction specifications, and with the circulation element of the general plan.

1. Public streets shall be required when:

a. The street is shown as an arterial or collector in the circulation element of the general plan, or any specific 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 but not limited to bus routes, public service access, bicycle routes and pedestrian access.

2. Private streets are allowed only in compliance with subsection F, following.

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 city's improvement standards where deemed necessary to properly address the characteristics of adjacent land uses and/or anticipated traffic volumes, or to maintain neighborhood character. The use of alternative standards shall be authorized through the exception procedure in Section 17.48.040.

C. Access to Subdivision. Every subdivision shall be designed to have access to a city street. Access shall be provided by:

1. The subdivision abutting a city street, 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 by a non-exclusive right-of-way easement for street, utility, and appurtenant drainage facilities purposes, where the easement shall be:

a. Offered for dedication;

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 this section and the city's public improvement design standards and construction specifications.

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, or to a private street if allowed by subsection F.

2. 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.

3. Waiver of Direct Street Access. Whenever the review authority finds a safety hazard would be created as the result of direct access, the review authority may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to the street from any property shown on a final map as abutting the street, and that if the dedication is accepted, the waiver shall become effective in compliance with the provisions of the waiver of direct access. The review authority may also require waivers of access to an existing, already dedicated street that abuts the subdivision.

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 in compliance with adopted city policies, and in compliance with the city's public improvement design standards and construction specifications.

1. 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 with the proposed subdivision be extended to the boundary of the property to provide access to the future development.

2. Improvements to Existing Streets.

a. The subdivider shall dedicate and improve all streets, including curbs, gutters, sidewalks and street pavement in accordance with adopted city policies.

b. If street improvements exist that do not meet existing city standards or are inadequate or a hazard to the general public, then these improvements shall be reconstructed to current city standards.

3. Reimbursement for Excess Street Width. The subdivider or developer may be reimbursed for excess width street construction and right-of-way or for construction or permanent improvements which front adjacent property. Reimbursement shall be made by private reimbursement agreement in accordance with Chapter 17.62. For purposes of this section excess width streets are defined as:

a. New streets over sixty-eight feet in width;

b. Widenings of existing street in excess of one-half of the adjacent side of the right-of-way.

F. Private Streets. Private roads are allowed as provided in this section. Private streets shall not be permitted except where the commission 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. Maintenance Requirements. Provisions satisfactory to the public works director and city attorney shall be made for lot owners association or other organization to assume responsibility for the maintenance of private streets and ownership of the street right-of-ways of any subdivision.

2. Security and Conditions. The commission and/or council may require any guarantees and conditions it deems necessary to carry out the provisions of this article pertaining to private streets. Private streets 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 provide rights-of-way for pedestrian paths, bikeways and multiple use trails consistent with the circulation element of the general plan, and/or other applicable general plan provisions.

(Ord. No. 1869, § 2, 2-20-2013; Ord. No. 1883, § 1, 9-4-2013)

The design of a subdivision for which a tentative and final map are required by this article shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions, in compliance with Map Act Section 66473.1.

(Ord. No. 1869, § 2, 2-20-2013)

Prior to the issuance of a building permit, a grading plan prepared and signed by a registered civil engineer shall be submitted to the public works director. For subdivisions requiring a public improvement plan, a grading plan shall be provided with the improvement plan.

A. Grading Plan Content. Grading plans shall show: The elevations of the natural ground at all lot corners; the finished grade at corners; the finished pad elevation; finished floor elevations; rates and directions of all drainage swales; finished sidewalk elevations at all front lot lines; and existing topographic elevations and drainage direction a minimum of one hundred feet outside the boundary of proposed project area and/or map.

B. Minimum Slopes. The minimum rate of grade of all drainage swales on lots shall be one-half of one percent.

C. Pad Elevation, Residential. The building pad elevation of residential lots shall be established at a minimum of ten inches above the design sidewalk elevation at the low side of the lot. The finished floor elevation of slab floor houses shall be a minimum of sixteen inches above the sidewalk elevation. The pad elevation of all residential lots shall be established at least one foot above the water surface in an adjacent storm drain channel or the ponded surface in an adjacent sump for collection of storm drain waters.

D. Lot Drainage. No inter-lot or a cross drainage shall be permitted. All lots shall drain their own water to the public street or public drainage facility without passing through or across an adjacent lot. No lot shall drain water over the bank of a flood control channel.

E. Grading Exceptions. Specific exceptions to the above requirements may be authorized at the discretion of the public works director. Exceptions are considered to be the case of an individual lot or at most a tier of lots and are not to be construed as extending to an entire subdivision.

F. As-built Grading Plan. Upon completion of grading operations the owner shall furnish to the public works director two prints of an as-built grading plan prepared by the owner's engineer. In case no grading plan had been prepared and no grading permit had been granted, the subdivider shall furnish to the public works director two prints of a map signed by the owner's engineer and certifying that no fills had been made on the lots or else two prints of a map prepared by the owner's engineer showing the location and depth of all compacted or uncompacted fills that had been made.

(Ord. No. 1869, § 2, 2-20-2013)

New subdivisions shall be designed so that all proposed grading incorporates appropriate erosion and sediment control measures in compliance with the city's grading and water pollution control regulations.

(Ord. No. 1869, § 2, 2-20-2013)

A. Landscaping Requirements. Landscaping shall be provided as follows, and in compliance with Chapter 17.30 (Landscaping), where applicable.

1. Residential Subdivisions. Residential subdivisions shall be provided landscaping in the form of street trees on each proposed parcel that is not a flag lot, landscaping with irrigation facilities for any common areas or other open space areas within the subdivision, and any additional landscaping required by the review authority. Proposed street trees shall be as required by the public works director, and the plantings shall comply with the city's standard specifications.

2. Nonresidential Subdivisions. Nonresidential subdivisions shall be provided landscaping as required by the review authority.

B. Plant Materials, Irrigation. All proposed and/or required trees, shrubs, ground covers, vines, turf, and other plant materials shall be of a type approved by the community development director and, to the greatest extent practicable, shall be of drought-resistant and drought-tolerant types or varieties. Plant materials and irrigation systems shall comply with the requirements of Chapter 17.30 (Landscaping) of this development code. The subdivider shall provide a mechanism or system for the permanent maintenance of any common area or open space landscaping.

C. Deferral of Installation. The installation of required landscaping may be deferred until the development of the subdivided lots through the provisions of Section 17.60.040 (Improvement Agreements and Security), provided that interim erosion and sediment control measures are first installed in compliance with Section 17.50.060 above (Erosion and Sediment Control).

(Ord. No. 1869, § 2, 2-20-2013)

The subdivider shall install monuments in compliance with Chapter 17.64 (Surveys and Monuments), and the Map Act.

(Ord. No. 1869, § 2, 2-20-2013)

The size, shape and arrangement of proposed parcels shall comply with this section, or with any general plan policy, applicable specific plan requirement, or other municipal code provisions applicable to a proposed subdivision.

A. Parcel Area. The minimum area for new parcels shall be as required by Article 2 (Land Use and Development Standards), except as otherwise provided by this section.

1. 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.

a. A vehicular or non-vehicular access easement through the parcel;

b. An easement for an open drainage course, whether a ditch, natural channel or floodway; or

c. The "flag pole" (access strip) of a flag lot.

2. Minimum Lot Area Requirements for Common Interest Projects. The minimum lot area requirements of Article 2 shall not apply to condominiums and condominium conversions, planned developments, townhouses, zero lot line, and similar projects, but shall apply to the creation of the original parcel or parcels that are the location of the common interest development.

3. Flag Lots. The "flag pole" (access strip) portion of a flag lot shall not be less than sixteen feet wide nor longer than one hundred feet from the public street right-of-way to the buildable portion of the flag lot.

B. Dimensions. The dimensions of new parcels shall comply with the applicable provisions of Article 2 (Land Use and Development Standards), or as otherwise required by the review authority. Lots shall be measured at right angles to the street on straight street and shall be approximately radial on curved streets.

C. Driveway Standards. Proposed parcels shall be designed to accommodate driveways designed in compliance with Section 17.32.080 (Driveways and Site Access) of this development code.

(Ord. No. 1869, § 2, 2-20-2013)

Each approved parcel shall be provided connections to public utilities, including electricity, gas, water, wastewater, and telecommunications services, which shall be installed as part of the subdivision improvements as provided by this section, and by Section 17.50.130 (Wastewater).

A. 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:

1. 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 concealed ducts, shall also be located underground, unless otherwise approved by the review authority based on the recommendations of the public works director and the community development director.

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. The review authority may waive the requirements of this section if topographical, soil, or other site conditions make underground installation infeasible or impractical.

2. Location of Installation. Underground utility lines may be installed within street rights-of-way or along a lot line, subject to appropriate easements being provided if necessary. When installed within street rights-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 public works director.

B. Overhead Lines. When overhead utility lines are approved by the review authority, easements shall be located at the rear of lots where practical, and along the side of lots where necessary.

C. Timing of Installation. All underground utilities, water lines, sanitary sewers, and storm drains installed in streets, shall be constructed before the streets are surfaced. Connections to all underground utilities, water lines, and sanitary sewers shall be laid to sufficient lengths to avoid the need for disturbing the street improvements when service connections are made.

(Ord. No. 1869, § 2, 2-20-2013)

The maximum number of dwelling units permitted 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 zoning district.

(Ord. No. 1869, § 2, 2-20-2013)

With the filing of the improvement plans for the first unit of any subdivision, the subdivider shall submit a master water plan conforming to the city's master water plan for the entire area covered by the tentative map. The subdivider shall install fire hydrants in compliance with the requirements of the city fire chief. Hydrants may be required outside the limits of the subdivision for the purpose of serving the subdivision. If the subdivider is required to install water mains that may serve or benefit properties other than the proposed development, the city may enter into a reimbursement agreement with the subdivider as outlined in Chapter 17.62 (Reimbursements for Construction).

(Ord. No. 1869, § 2, 2-20-2013)

With the filing of the improvement plans for the first unit of any subdivision, the subdivider shall submit a master sanitary sewer plan conforming to the city's design standards and master sanitary sewer plan for the entire area covered by the tentative map. If the subdivider is required to install sanitary sewers that may serve or benefit properties other than the proposed development, the city will enter into a reimbursement agreement with the subdivider as outlined in Chapter 17.62 (Reimbursements for Construction).

(Ord. No. 1869, § 2, 2-20-2013)

A. With the filing of the improvement plans for the first unit of any subdivision, the subdivider shall submit a master storm drainage plan for the entire area covered by the tentative map. The drainage system shall be designed in compliance with city design standards and the city master storm drainage plan.

B. All storm drains and drainage facilities not part of the city's master drainage program are the responsibility of the subdivider. The subdivider shall receive credits, as established by the council from time-to-time by resolution, for all storm drain lines and manholes constructed by the subdivider.

(Ord. No. 1869, § 2, 2-20-2013)

The subdivider shall install electrical facilities and street lights in accordance with city policy. All plans shall be approved by the city electric utility department.

(Ord. No. 1869, § 2, 2-20-2013)