Chapter 17.16 — SUBDIVISIONS—REQUIREMENTS AND IMPROVEMENTS

Each subdivider shall comply with all of the requirements of Sections 17.16.020 through 17.16.140.

(Ord. 74-446 Art. II § 11 (part), 1974.)

The subdivider shall comply with the current road department standards for all construction. All streets shall be constructed to road department standards and offered for dedication as public streets unless a variance is granted by the board of supervisors.

(Ord. 74-446 Art. II § 11(A), 1974.)

A.

The commission may require that the subdivider connect to a sewer and drain system having adequate plant capacity to handle the subdivision; that the subdivider construct an adequate sewage treatment plant and collection lines if there is no district having adequate capacity serving the proposed subdivision; or may require such other means of sewage disposal as shall be approved by the health department.

B.

Lots not served by sewers shall be suitable for private sewage disposal, pursuant to guidelines and criteria adopted by the board.

C.

In those areas within a subdivision served by a sewer system under the jurisdiction of the county, all sewer lines, sewage treatment facilities and appurtenances shall be constructed in accordance with the requirements of the public works department and health department. When within a local sanitary district it may be inspected by the public works department, under joint cooperation, if so desired by the sanitation district.

D.

Approval of improvement plans by the serving utility district for sewer improvements is required. A letter shall be submitted to the commission stating that the district has reserved sewage disposal capacity to serve this development.

(Ord. 74-446 Art. II § 11(B), 1974.)

A.

The subdivider shall design the subdivision so that it shall be protected from inundation, flood hazard, sheet flow, springs and other surface waters. The design of improvements shall be such that water occurring within the subdivision will be carried off without injury to any improvements, residential sites or residences to be installed within the subdivision. The design shall provide for prevention of erosion or siltation that would be detrimental to the environment of the adjoining area. Waters occurring within the subdivision shall be carried to a storm drainage facility or natural watercourse by such improvements as may be required to meet the design standards set forth. Drainage design within the subdivision shall accommodate reasonable anticipated future development within the drainage area. Any off-tract outlet drainage facility required to carry drainage from the proposed subdivision to a defined channel or conduit shall be made adequate for the ultimate state of development in the drainage area.

B.

When any watercourse traverses or serves a subdivision, adequate on-site and/or off-site easements for storm drainage purposes shall be provided.

C.

Upon commission requirement, a storm drainage maintenance district or acceptable alternate shall be established for the maintenance of storm drainage facilities constructed in conjunction with the subdivision. When a drainage master plan has been adopted for the drainage area, the subdivider shall pay a fee for his pro rata share of the cost of the contract or the estimated cost of constructing the drainage facilities within the drainage area.

(Ord. 74-446 Art. II § 11(C), 1974.)

A.

The commission may require that the subdivider connect to a water treatment and distribution system having adequate plant capacity to handle the subdivision; that the subdivider construct an adequate water treatment and distribution system if there is no district or water company having adequate capacity serving the proposed subdivision; or may require such other means of water treatment and distribution as shall provide adequate water to meet domestic and fire use. The recommended minimum volume for fire use is five hundred gallons per minute for the duration of four hours.

B.

In those areas within a subdivision served by a water furnishing district or water company under the jurisdiction of the county, all lines and facilities shall be constructed in accordance with the requirements of the public works department and the health department.

C.

For a subdivision which averages a lot size of two and one-half acres or more, the subdivider shall prove the availability of water for domestic use. If a domestic system is provided, it shall be adequate for fire protection.

D.

For subdivisions with average lot size of less than two and one-half acres, domestic water shall be provided to all lots from a central water supply source and distribution system. Storage facilities for domestic water shall have a minimum capacity of twelve hour flow, approved by the health department. The system shall also provide for adequate fire protection.

E.

Mutual water companies and home owners' associations shall not be permitted to be the water suppliers. Individual water treatment systems in a subdivision are not permitted.

F.

Domestic water shall meet all the local and state standards for quality and quantity. Any source treatment plant, storage facility, distribution lines and appurtenances used to render water safe for domestic use must be approved by the local and/or State Health Department.

G.

Approval of improvement plans by the utility district for water service supply and maintenance is required. A letter shall be submitted to the commission, stating that the district has the capacity to serve and meet the flows and volumes required for domestic use and fire protection for this development, over and above previously approved and existing users.

(Ord. 74-446 Art. II § 11(D), 1974.)

In addition to minimum zoning requirements, the following items shall be considered by the commission in determining the minimum lot size:

A.

The suitability of the land for the proposed lot density;

B.

The suitability of the individual lot sites for the proposed use.

The specific items to be considered in determining A and B above shall include, but not be limited to:

Access and parking;

Building sites on the lot;

Excessive grading required for the installation of driveways, parking and utilities;

Revegetation of cut, fills and trenches that may be required;

Drainage and erosion control, on and off-site;

Any of the items mentioned in the environmental impact study.

Where sewage disposal is by individual septic system, the design of the lots and sewage system shall be pursuant to guidelines and criteria adopted by the board.

(Ord. 74-446 Art. II § 11(E), 1974.)

Where a parcel is first subdivided into acre or larger tracts, the blocks shall be such in size and shape and be so divided as to provide highways, streets and alleys at such intervals as will permit a subsequent division of any parcel into lots of normal size.

(Ord. 74-446 Art. II § 11(F)(1), 1974.)

Blocks shall not exceed one thousand feet between street lines. In acre subdivisions, block lengths up to fifteen hundred feet may be approved. In any case where topographic conditions warrant, larger blocks may be permitted. When pedestrian, bicycle, trail bike or snowmobile ways are platted, the minimum width shall be ten feet.

(Ord. 74-446 Art. II § 11 (F)(2), 1974.)

Blocks shall be of sufficient width to permit the platting of two tiers of lots of normal depth, and in the case of subdivisions remote from any existing subdivision, no block shall be less than two hundred feet nor more than three hundred sixty feet wide, except where the land is being laid out in acre or larger tracts.

(Ord. 74-446 Art. II § 11(F)(3), 1974.)

The subdivider shall furnish satisfactory evidence as to the person that has title to the land, and identify all persons having security interests or liens on the land.

(Ord. 74-446 Art. II § 11(G), 1974.)

The subdivider shall furnish evidence satisfactory to the development review committee that the land proposed for subdivision is not subject to flooding, inundation, avalanches or land and earth slides.

(Ord. 74-446 Art. II § 11(H), 1974.)

The subdivider shall be required to offer for dedication easements and rights-of-way for utilities. Easements of sufficient width will be required along natural watercourses, conforming substantially to the lines of such channels.

(Ord. 74-446 Art. II § 11(I), 1974.)

The creation of building sites through mass pad grading and successive padding or terracing is prohibited. Building sites within flood plains, watercourses or high water level of any lake are prohibited and the

subdivider shall provide through deed restrictions, conditions, covenants and restrictions, easements or other methods acceptable to the county that no building or structures will be constructed in such areas.

(Ord. 74-446 Art. II § 11(J), 1974.)

Conditions, covenants and restrictions (CC and R's) shall be prepared for all subdivisions. When required by the commission, the CC and R's shall include provisions for maintenance of recreational facilities, open space, parking areas, etc., and these provisions shall be enforceable by the county.

(Ord. 74-446 Art. II § 11(K), 1974.)

In all cases where a subdivision fronts on a public waterway or stream, reasonable public access by fee or easement shall be provided from a public highway to the portion of such waterway within the proposed subdivision and a public easement shall be provided along the portion of such waterway within the subdivision.

(Ord. 74-446 Art. II § 12, 1974.)

Whenever a subdivider is required pursuant to Section 11611 of the Business and Professions Code to dedicate roadways to the public, he shall also be required to dedicate such additional land as may be necessary and feasible to provide paths for the use and safety of the residents of the subdivision, if the subdivision, as shown on the final map thereof, contains two hundred or more parcels. Dedication may be required by the commission for a subdivision of less than two hundred lots, when in the opinion of the commission there is a need.

(Ord. 74-446 Art. II § 13, 1974.)

Each subdivider and his successors, who within three years develop or complete the development of one or more subdivisions in one or more school districts maintaining an elementary school, may be required to dedicate to the school district such land as the local governing body of the school district deems necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

A.

This section shall be applicable only to a subdivider and his successors who have owned the land being subdivided for less than ten years prior to the filing of the tentative map.

B.

This requirement of dedication shall automatically terminate unless the school district enters into a binding commitment with the subdivider to accept the dedication within thirty days after the requirement is

imposed by the county. Such dedication may be made any time before, concurrently with or up to sixty days after the filing of the final map on any portion of the subdivision.

C.

The school district shall, in the event that it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amount:

The cost of any improvements to the dedicated land since acquisition by the subdivider;

The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept dedication;

Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

D.

Any person aggrieved by or failing to agree to the reasonableness of any requirement imposed pursuant to this section may bring a special proceeding in the Superior Court pursuant to Section 66499.37 of Government Code.

(Ord. 81-493 § 25, 1981; Ord. 74-446 Art. II § 14, 1974.)

Each subdivider may be required by the commission to dedicate land for park or recreational purposes or, as a fee in lieu thereof, the reasonable market value of such land, or any combination of such land and fee.

A.

The park area may be up to five percent of the area of the subdivision.

B.

The land so dedicated shall be used only for the purpose of providing park or recreational facilities to serve the subdivision.

C.

Park and recreational facilities required by this section shall conform to the general plan for such area and the principles and standards contained therein.

D.

The amount and location of land required to be dedicated shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

E.

At the time of dedication, the county shall specify when development of the park or facilities will begin.

F.

The provisions of the section do not apply to industrial subdivisions, nor do they apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added, nor do they apply to parcel maps for a subdivision containing less than five parcels for a shopping center containing more than 300,000 square feet of gross leasable area and no residential development or uses.

G.

Only the payment of fees may be required for subdivisions of fifty units or less.

(Ord. 81-493 § 26, 1981; Ord. 74-446 Art. II § 15, 1974.)

Whenever the commission requires the installation of roads, sewers, water supply systems or drainage facilities by the subdivider, and such improvements are of benefit and value to land other than that located within the subdivision, the commission may recommend to the board an agreement with the subdivider to reimburse him in whole or part for the use of such improvements by lands other than those developed by the subdivider, and may recommend to the board the imposition and collection of a charge for the use of such facilities as provided in the Subdivision Map Act.

(Ord. 74-446 Art. II § 16, 1974.)

A.

The board of supervisors may, as a condition of the approval of a tentative and/or final map, require the subdivider to reserve areas of real property within the subdivision to be used for public purposes including, but not limited to parks, recreational facilities, fire stations, libraries or other public uses, subject to the following conditions and/or findings:

The requirement for reservation is based upon an adopted specific or an adopted general plan containing a community facilities element, a recreation and parks element or a public building element, and the required reservations are in accordance with the definite principles and standards contained therein;

The ordinance codified in this chapter has been in effect for thirty days prior to the filing of the tentative map;

The reserved area is of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner;

The amount of land reserved will not make development of the remaining land held by the subdivider economically unfeasible;

The designation of the reserved area is such that it:

a.

Conforms to the specific or general plan adopted for the area,

b.

Is in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that the reserved area is not acquired within the prescribed period.

B.

The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two years after completion and acceptance of all improvements unless such period of time is extended by mutual agreement. The purchase price shall be the market value of the area at the time of the filing of the tentative map plus the taxes against such reserved area from the date of reservation and any other costs incurred by the subdivider in maintaining that area including costs incurred on any loan covering that area.

(Ord. 79-446-D § 1, 1979.)

At the time the tentative map is approved, the commission may impose, as a condition of such approval, the requirements to install underground utilities. Undergrounding shall be mandatory for all subdivisions with a lot size of three acres or less and all condominium projects.

(Ord. 74-446 Art. II § 17, 1974.)

The subdivider may be required to form appropriate legal entities to operate and perform all required maintenance and services if they are not a regular county wide public service, or if the subdivider desires a level of service greater than those the county is able to provide.

(Ord. 74-446 Art. II § 18, 1974.)

A.

Prior to approval or conditional approval of the tentative map, the commission shall require such street improvements, utilities, drainage structures and facilities, erosion control, fences, planting, right-of-way dedication and other provisions for public safety, health and general welfare, both within the subdivision and off the site, as are, in its opinion, necessary and in accord with the law and the terms of Chapters 17.12 through 17.28. Such requirements may include provisions for maintenance, and all construction shall be in accord with road department standards.

B.

Paving of roads prior to acceptance into the county road system shall be required in all subdivisions. All underground utilities, including sewer connections, located within street rights-of-way shall be stubbed out to the property line of each lot abutting the right-of-way.

C.

Unpaved roads in existing subdivisions shall not be accepted into the county road system until paved.

D.

Unpaved roads in existing subdivisions already included in the county road system may be paved only if the total cost for such work is borne by the abutting property owners.

E.

Paving under subsections C and D shall be done only if the abutting property owners agree to the formation of an assessment district or other appropriate district, or other means of financing. Such work of construction or reconstruction shall be done in accordance with the road department standards.

(Ord. 74-446 Art. II § 19(A), 1974.)

Topographic conditions shall determine the general pattern of blocks and natural contours shall control the placement and alignment of streets, highways and ways.

(Ord. 74-446 Art. II § 19(B) (part), 1974.)

The arrangement of streets shall provide for the direct continuation of the centerlines of the principal existing streets or highways in adjacent or adjoining subdivided areas.

(Ord. 74-446 Art. II § 19(B)(2), 1974.)

Streets that are extensions of or obviously in alignment with existing streets shall bear the names of existing streets. The names of new streets shall be subject to the approval of the director of transportation and IT director, pursuant to Section 13.35.10 and Chapter 15.20, and shall not duplicate the existing street names, except as provided above.

(Ord. 74-446 Art. II § 19(B)(3), 1974.)

(Ord. No. 15-03, § 3, 5-15-2015)

In no case shall the width of a major or minor collector highway be less than eighty feet nor the width of a local highway be less than sixty feet.

(Ord. 74-446 Art. II § 19(B)(4), 1974.)

Half streets on the subdivision boundary will not be approved except when necessary to complete an existing abutting half street on an adjoining subdivision, in which case the subdivider may be required to improve the entire roadway to full county standards.

(Ord. 74-446 Art. II § 19(B)(5), 1974.)

For subdivisions on natural ground of gradient less than fifteen percent, grades shall not be less than four- tenths of one percent and not greater than fifteen percent. For subdivisions on natural ground of gradient greater than fifteen percent, grades shall not exceed fifteen percent except by special permission of the road department, and then the slope shall not exceed twenty percent. Profiles may be required of any and all streets at the discretion of the road department. Potential major collector highways may be limited to grades not to exceed seven percent.

(Ord. 74-446 Art. II § 19(B)(6), 1974.)

The desirable minimum radius of a curve measured on centerline shall be three hundred feet. Where topographic or other conditions make the attainment of this minimum impracticable, the road commissioner may allow a lesser radius.

(Ord. 74-446 Art. II § 19(B)(7), 1974.)

The intersections of streets shall be at an angle of ninety degrees, or as close to such angle as is practicable, but in no case shall an intersection be at an angle less than thirty degrees. Where more than four streets intersect at a common point, the intersection shall be of sufficient size and so designed as to provide adequately and safely for the maximum anticipate volume of traffic entering from all streets.

(Ord. 74-446 Art. II § 19(B)(8), 1974.)

Where necessary to give access to or permit a satisfactory subdivision of adjoining land, streets shall run through to the boundary of the property and the resulting dead-end streets may be approved with a temporary turnaround, but in all cases a turnaround having a minimum radius of pavement of forty feet with a right-of-way radius of fifty feet shall be provided. In those cases where in the judgment of the road commissioner extraordinary conditions make strict compliance with this rule impracticable, he may allow an alternate design.

(Ord. 74-446 Art. II § 19(B)(9), 1974.)

Design of all subdivision paving shall be by California bearing ratio or by stabilometer, or methods of sampling and testing shall be those approved by the Department of Transportation, Business and Transportation Agency of the state and recorded in their current "Standard Testing Procedures." In no case shall the thickness of paving be less than two inches. The subdivider must have prior approval by the road commissioner for the method of testing and laboratory to be used. The subgrade shall be compacted to a depth of six inches to ninety percent relative value. The structural section shall be determined by engineering analysis and approved by the road commissioner.

(Ord. 74-446 Art. II § 19(B)(10), 1974.)

A.

Design Factors. Sufficient drainage facilities designed in accordance with accepted engineering principle, and located in public streets or drainage easement, shall be provided to care for drainage within the project. Drainage facilities shall be approved by the road department.

B.

Hydraulic Gradient. Drainage shall be accomplished by gravity.

C.

Protection. Sufficient width to accommodate mechanical equipment for cleaning shall be provided unless the ditch is concrete lined, in which case access for workmen shall be provided.

(Ord. 74-446 Art. II § 19(B)(11), 1974.)

An alley having a minimum width of twenty feet may be required in the rear of commercial lots. In residential blocks, the provision of alleys is optional with the subdivider, but where they are provided, the minimum width shall be sixteen feet. A diagonal cutoff shall be made at all acute and right angle intersections of alleys, measuring not less than five feet in each direction from the corner.

(Ord. 74-446 Art. II § 20, 1974.)

Width of a lot shall be defined as the average width measured in that portion of a lot paralleling the road, which portion has a depth not exceeding three times the width. All lots shall have a minimum width of sixty feet. Lots on cul-de-sacs shall have a minimum street frontage of thirty feet.

(Ord. 74-446 Art. II § 21(A), 1974.)

All lots shall have a minimum depth of one hundred feet. Depths of lots shall be defined as the average distance from the right-of-way line of the lot to its rear line, measured perpendicular, or radially, to the centerline of the street.

(Ord. 74-446 Art. II § 21(B), 1974.)

The maximum ratio of depth to width, as defined in Sections 17.16.350 and 17.16.360, is three to one.

(Ord. 74-446 Art II § 21(C), 1974.)

The side lines of all lots, except those exceptional locations where views are important, shall be approximately at right angles to the street on which the lot faces, or approximately radial if the street is curved.

(Ord. 74-446 Art. II § 21(D), 1974.)

Property lines of corner lots shall be rounded at the street corner by a radius of not less than fifteen feet.

(Ord. 74-446 Art. II § 21(E), 1974.)

The minimum lot area shall conform to the zoning ordinance (Title 19 of this code) for the zones in which the subdivision is located. In no case shall the area be less than seventy-five hundred square feet.

(Ord. 74-446 Art. II § 21(F), 1974.)

When no precise zoning plan is in force in the territory in which land to be subdivided is located, the subdivider shall prepare a proposed zoning for the area and shall apply for rezoning. The final map cannot be recorded until the area is precisely zoned. For subdivisions defined as land projects, Section 11000.5 of the Business and Professions Code, the adoption of a specific plan is also necessary.

(Ord. 74-446 Art. II § 22, 1974.)

The above regulations concerning street widths, sizes of lots, block lengths and widths and dead-end streets may be modified by the commission in the case of a subdivision of a tract large enough to be developed as a community in accordance with a planned development district, properly safeguarded by restrictions which in the judgment of the commission adequately provide for circulation, light and air needs and recreational requirements of the maximum anticipated population.

(Ord. 74-446 Art. II § 23, 1974.)

In all subdivisions, due regard must be shown for all natural features, such as large trees, natural groves, watercourses, scenic points, historic spots and similar community assets, which will add attractiveness and value to the property if preserved.

(Ord. 74-446 Art. II § 24, 1974.)

Lack of adequate access roads to a subdivision may be basis for denial.

(Ord. 74-446 Art. II § 25, 1974.)