Modesto Municipal Code Art. 3 General Regulations and Design

(a) Street design shall conform in principle to the streets shown on the circulation element of the General Plan and in width and alignment to the streets shown on any precise plan adopted by the Council relating to streets, and shall conform to the requirements of this chapter. Streets not shown on a general or precise plan shall conform to the requirements of the Planning Commission and of this chapter.

(b) The subdivider shall be required to dedicate all land necessary for street purposes as shown on the General Plan or any precise plan or to conform to the provisions of this chapter.

(Ord. 1041-N.S., amended by Ord. 413-C.S., and Ord. 993-C.S., effective 12-3-69)

The following general conditions of design shall apply:

(a) Streets and Highways.

(1) Relationship to Existing Streets. The street system in the proposed subdivision shall relate functionally to the existing streets in the area adjoining the subdivision.

(2) Center Lines. The center lines of all streets wherever practicable shall be the continuations of the center lines of existing streets, or shall be offset at least one hundred (100) feet.

(3) Intersections. Each street intersection or interception shall be as near to a right angle as is practicable.

(4) Cul-de-sac or Dead-End Streets. No cul-de-sac or dead-end streets shall be more than seven hundred fifty (750) feet in length unless emergency access and utility delivery capabilities are acceptable to the Fire Chief and City Engineer, respectively. Where necessary to give access to or permit a satisfactory future subdivision of adjoining land, streets shall extend to the boundary of the property and the resulting dead-end streets may be approved without a turnaround. In all other cases a turnaround having a minimum radius of fifty (50) feet measured to the property line or a comparable area in another form shall be required separated to the depth of one lot from the exterior boundary line or other topographical feature of the subdivision.

(5) Curve Radius. The center line curve radius on all streets and highways shall conform to accepted engineering standards of design and shall be subject to approval of the City Engineer.

(6) Intersection Corner Rounding. At street intersections, the block corners shall be rounded at the property line with a curve having a radius of not less than fifteen (15) feet, A greater curve radius may be required if streets intersect other than at right angles.

(7) Street Names. All names shall be as approved by the Planning Commission. Duplications of existing names will not be allowed unless the streets are obviously in alignment with existing streets and not so far removed as to be confusing.

(8) Part-Width Streets. In case of a part-width street, a minimum of forty (40) feet along and adjacent to a boundary of the subdivision shall be required except in cases in which proper deed or instrument of dedication to the City duly executed by the owner or owners of the adjacent lands is filed with the map of the subdivision, granting sufficient land to make a street of the required full width. Part-width streets shall be permitted only on the periphery of a subdivision and only when the street design approved by the Planning Commission requires the street to be so located that a full dedication would require land not in the subdivider's ownership or control. In no case shall a part-width street be less than forty (40) feet in width, except as provided below. The words "part-width street" shall be lettered on the map following the name of such street.

Exception—A part-width street less than forty (40) feet may be permitted upon recommendation of the Planning Commission and subject to the approval of the City Council, as set forth in Section 1805 of the Streets and Highways Code of the State of California. The recommendation of the Planning Commission and the approval of the City Council shall be based upon the following factors:

(i) The extension of the street is along property lines which form a boundary of the subdivision.

(ii) Adherence to the forty (40) foot part-width standards creates an offset in the center of the street.

(iii) The public interest in having a street without an offset in the center line thereof outweighs the general public policy, set forth above of having all part-width streets a minimum of forty (40) feet in width.

In all cases in which a part-width street less than forty (40) feet is permitted, on-street parking may be prohibited until such time as a minimum of forty (40) feet of the street is improved.

(9) Width of Streets. Street right-of-way widths shall be not less than those set forth herein. Increased widths may be required when determined necessary by the Planning Commission in the public interest. Approval or determination of street classification shall be made by the Planning Commission.

(b) Alleys.

(1) Alleys shall be prohibited in residential subdivision except when approved or required by the Planning Commission for any one of the following reasons:

(i) To widen an existing part-width alley which has been dedicated and improved in an adjacent subdivision;

(ii) To complete the continuity of existing alleys where the property to be subdivided is located adjacent to existing blocks containing alleys;

(iii) The special nature of the design or density of a residential subdivision where dwellings are to be grouped in such a manner as to require access from other than street frontage;

(iv) The relationship to existing or proposed adjacent commercial, industrial or high-density residential development, or adjacent railroad, canal rights-of-way or other physical barrier;

(v) The unusual size, shape or topographical character of the property to be subdivided.

(2) Residential alleys shall be a minimum of twenty (20) feet in width.

(3) Alleys shall be provided where needed to serve existing or proposed commercial or industrial areas, and shall have a minimum width of thirty (30) feet, with adequate provision for ingress and egress.

(4) Where two (2) alleys intersect, ten (10) foot corner cutoffs measured along the property lines from the point of intersection will be required.

(5) Alleys shall be so laid out and aligned as to provide reasonable access for utilities and other services.

(c) Blocks.

(1) Acre or Large Lot Subdivisions. Where a parcel is first subdivided into small farms or acre tracts, the blocks shall be of such size and shape and be so divided as to provide for the opening of major and collector streets and for the ultimate extension and opening of minor streets and alley at such intervals as will permit a subsequent division of any parcel into lots of normal size.

(2) Block Lengths. Block lengths shall not exceed eleven hundred (1,100) feet. For those blocks of an "el" shape, "tee" shape, or superblock configuration, the width shall not exceed five hundred (500) feet in each of any other direction perpendicular or nearly perpendicular to the length. For the purposes of measurement, the distance between extreme property lines measured generally along rear property lines will be utilized. The above limitations shall not apply to blocks which will abut irrigation canals, railroads, freeways, limited-access expressways, existing subdivisions with a block over eleven hundred (1,100) feet in length, or other existing barriers over eleven hundred (1,100) feet in length.

(3) Block Widths. Blocks shall be of sufficient width to permit the plotting of two (2) tiers of lots except where blocks are adjacent to major streets, freeways or expressways and lots are created with back up to such street and front onto a residential or collector street and access rights to such major street, freeway or expressway are waived by the subdivider. The Planning Commission may grant an exception to these provisions to permit through lots which are to be developed with uses facing both streets when it is determined that such exception is warranted by the circumstances of a particular subdivision and is in compliance with an existing zoning classification.

(d) Lots.

(1) Side Lines. The side lines of all lots wherever practicable shall be at right angles to the center line of the street.

(2) Division of Lots. No lot shall be divided by a county, city, school or any other taxing district boundary line.

(3) Lot Widths and Depths. The size and shape of each lot shall be in conformance to the zoning regulations effective in the area of the proposed subdivision.

(4) Suitability of Lots. All lots shall be suitable for the purpose for which they are intended to be sold. No land subject to flooding or deemed by the Planning Commission to be uninhabitable shall be plotted for residential occupancy.

(e) Easements.

(1) For Utilities. The subdivider shall grant easements for public utility use along lot lines where necessary for the extension of any such utility and for the relocation of existing public utility facilities.

(2) For Planting. Where streets are less than sixty (60) feet in width, easements three (3) feet in width for planting and utilities shall be required adjacent to each street right-of-way line.

(3) Dedication. Dedication of easements shall be for the purpose of installing and maintaining utilities, planting strips and for other public purposes as may be ordered or directed by the Council.

(4) Protection of Easements. No person other than a public utility shall erect, construct or place any building or structure except fences or walls on any public utility easement. No person shall permit or allow vines or other climbing plant materials to become attached to public utility poles. It shall be the responsibility of the owner and/or occupant of real property to maintain any public utility easement area thereon in such a manner that its condition will not interfere with the proper operation and maintenance of public utility facilities located thereon. Any public utility using such easement, its representatives, agents or employees, shall have the right to trim or top such trees or shrubs growing within or overhanging the easement as may endanger or interfere with public utility facilities constructed therein and may have free access to said public utility facilities and every part thereof at all times for the purpose of constructing, operating and maintaining said public utility facilities.

(5) Design of Easements. Easements shall be located and designed in subdivisions to provide for reasonable, practical and useful placement, replacement, enlargement, repair and maintenance of utility facilities.

(f) Underground Utilities. All utility distribution facilities and lines, including, but not limited to, gas, water, sewer, electrical communications, street lighting and cable television shall be installed underground, except that overhead utility lines may be permitted when it is determined by the Planning Commission that such facilities are designed to serve areas larger than that being subdivided and that it is impractical to locate such facilities underground.

When overhead lines are approved by the Planning Commission, they shall extend along alleys, side lot, rear yard or privately owned easements whichever is possible, except where such overhead lines cross streets, or must be located outside of easements for good and sufficient reasons as determined by the Planning Commission.

Overhead service to lots abutting existing overhead lines is permitted where no extension of overhead lines is required.

It shall be the responsibility of the subdivider to insure that utilities are installed in compliance with the requirements of this section. He shall make the necessary arrangements with the utility companies or other agencies for such installation, according to the specifications of the governing agency. For the purpose of this section, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets may be placed aboveground.

(g) Subdivisions Along Major Streets. When a subdivision is developed adjacent to a freeway, expressway or major street as shown on the General Plan, the Planning Commission may require the subdivider to dedicate and improve a frontage road to provide ingress and egress to adjacent lots or to create backup lots which front upon an interior residential street and back up to such freeway, expressway or major street. When backup lots are created, the subdivider shall waive direct access rights from the lots to the freeway, expressway or major street and shall construct a masonry wall, fence or other suitable barrier as required by the Planning Commission between the subdivision and the adjacent freeway, expressway or major street.

(h) Watercourses. The subdivider shall, subject to riparian rights, dedicate a right-of-way for storm drainage purposes conforming substantially with the lines of any natural watercourse or channel, stream or creek that traverses the subdivision, or at the option of the subdivider, provide by dedication further and sufficient easements or construction, or both, to dispose of such surface and storm water.

(i) Sewage Disposal. Provision shall be made for adequate sewerage to be installed in accordance with the provisions of the applicable laws of the City.

(Ord. 1041-N.S., amended by Ord. 413-C.S., Ord. 729-C.S., Ord. 993-C.S., Ord. 1436-C.S., Ord. 1437-C.S., Ord. 1739-C.S., § 1, Ord. 3128-C.S., § 4, and Ord. 3171-C.S. § 1, effective 2-15-00)

In approving tentative maps, the Planning Commission may impose such reasonable conditions as it deems necessary or desirable to protect the public health, safety or welfare, in accordance with the purpose and intent of this chapter.

(Ord. 1041-N.S., amended by Ord. 993-C.S., Ord. 1436-C.S., and Ord. 1437-C.S., effective 3-10-75)

In all respects the subdivision will be considered in relation to the General Plan of the City, or any part thereof, or preliminary plans made in anticipation thereof.

(Ord. 1041-N.S., amended by Ord. 993-C.S., effective 12-3-69)

Applications for tentative or parcel map approval which include property designated as a landmark preservation site will be deemed complete only when proof of project approval by the Landmark Preservation Commission has been submitted with the application.

(Added by Ord. 2619-C.S., § 2, effective 12-15-88)