San Benito County Municipal Code Ch. 23.25 Design Requirements

(A) It is the policy of the Board of Supervisors to discourage urban-density subdivisions in unincorporated county areas and encourage annexation of the developments to incorporated cities. Where permitted without the annexation, arrangements must be made for urban services, including sewer and water connections, street lighting and any other services that require ongoing maintenance. No septic tanks will be permitted in these subdivisions. Arrangements for these services may be through a homeowner's association, either existing or formed, or through another type of legal entity as may be approved by the Board of Supervisors.

(B) A homeowners' association, or other entity as may be approved by the county, may contract with existing agencies to provide all or any portion of the services, or may itself provide all or any portion of the services. Cost of capital improvements, connection fees and other charges and costs necessary to initiate operation of any services shall be borne by the subdivider.

(1966 Code, §17A-1) (Ord. 855, § 3, 2010)

(A) Minimum lot size: as provided in the San Benito County Zoning Ordinance or amendments thereto.

(B) Minimum average lot width: ratio of the width of the lot to its depth shall not exceed one to three.

(C) Septic tanks will only be permitted where percolation tests, performed by a registered engineer or public agency, show soil conditions: determined to be suitable for septic tanks by the Health Department.

(D) Based on the magnitude of the expected development of a proposed subdivision, the Board of Supervisors may require that the subdivider provide urban services to the extent determined desirable by the Board. Where size or intensity of development is such that soils, while permeable and adequate for a limited number of septic tanks, may be overloaded by the volume of effluent from the number of units to be expected, septic tanks may be excluded or limited in number. An alternative, under suitable conditions, would be collection lines from the initial increment of dwellings to a master septic tank system, to be replaced at an appropriate time by a disposal plant.

(E) Open space shall be provided pursuant to general plan policies and the zoning ordinance.

(1966 Code, § 17A-2)

(A) Maximum gross density: one dwelling unit to zoning minimums.

(B) Minimum average lot width (each parcel): ratio of the width of the lot to its depth shall not exceed one to three. The decision-making body may waive this requirement where, in its opinion, good lot design can otherwise be better achieved.

(1966 Code, § 17A-3)

(A) Maximum net density: no greater than the number of dwelling units permitted under the Zoning Ordinance of San Benito County.

(B) Minimum lot size: as determined by the Planning Commission and/or the Board of Supervisors.

(C) This class of subdivision shall be permitted only when it is shown that a desirable living environment can be created in the development, at no disadvantage to the general public, by:

(1) Clustering dwelling units on non-standard lots or with less than standard setback distances;

(2) Employing such structural forms as town houses (on standard lots) or condominiums (where lots are three-dimensional and may be one above the other);

(3) Mixing dwelling classes or lot sizes beyond that possible with standard zoning;

(4) Including commercial or other land uses with residential uses;

(5) Using common driveways to give access to most dwellings; and

(6) Devoting land areas to open space, recreational and agricultural uses.

(D) (1) At the time a tentative map for a planned unit development is submitted, the map shall show in adequate detail:

(a) All lots, setback lines, streets, walkways and other features not in accord with current subdivision and zoning regulations;

(b) All proposed structures;

(c) Means (setback, covenants) whereby future structures will be controlled when the intent is to sell lots rather than completed structures; and

(d) Restrictive covenants and other legal documents controlling future activities within the development, including maintenance of streets, common driveways, open space, drainage facilities, utilities, paths, bridle trails and recreational areas (where not owned and maintained by a public agency), and other pertinent information required by an agency of the county.

(2) If the planned unit development is to be constructed in increments, the increments shall be shown on the tentative map, and initial increments shall include adequate open space to maintain desired density. Facilities and amenities shall be included with initial increment or increments to insure an appropriate environmental quality should subsequent increments not be developed.

(1966 Code, § 17A-4)

(A) Subdivision of land for the purpose of selling lots on which individual buyers will place a mobile home will comply with §§ 23.25.002 through 23.25.004, whichever is appropriate. The placement of mobile homes on lots and their utility connections shall comply with Cal. Code of Regulations Title 25, Division 1, Chapter 5. Development of streets and utility installations therein shall be to county standards. No awnings, additional rooms, and outbuildings shall be affixed or constructed without a building permit from the county. The Planning Commission shall require covenants and restrictions adequate to permanently control the proper appearance and maintenance of the subdivision.

(B) Parks providing rental of spaces for mobile homes or travel trailers are not subdivisions. Development thereof shall comply with the Cal. Code of Regulations Title 25, Chapter 5.

(1966 Code, § 17A-5)

(A) In any class of subdivision where open space easements are created, the open space shall be excluded from future subdivision or development by conveyance of development rights to San Benito County. Uses permitted in open space, such as development of recreational facilities, passive recreation, or agricultural activities, shall be specified in the conveyance to or contract with the county. In all cases financially feasible arrangements for maintenance of open space shall be provided through an incorporated homeowners association, a service district or conveyance to a public agency.

(B) When development rights are dedicated to San Benito County under this section, the conveyance of those rights shall reserve a right in property owners who have purchased property in the subdivision in the reliance on preservation of open space uses to enforce the term of the conveyance by court action.

(1966 Code, § 17A-6)

A homeowners association (as defined in § 23.01.004), duly incorporated under the laws of the State of California, shall be formed for each new major subdivision; and may be formed for a minor subdivision. The covenants and restrictions for the subdivision shall provide for its formation and operation and delineate the rights and obligations of the association, its directors and its members (which must include the right of the association, through its members, to levy assessments that are a legal obligation of members and a lien on subdivided property owned by members of the association). The homeowners association shall be activated at or before the time of approval of the final or parcel map by the Board of Supervisors, for the purpose of street lighting, street sweeping, road maintenance, storm drainage, landscaping maintenance and other services directly related to the subdivision. An applicant may propose another option to developing a homeowners association. If so, the applicant’s request shall be brought before the Board of Supervisors, reviewed and approved prior to or during approval of the final or parcel map, and any approved alternative shall be activated at or before the time of approval of the final or parcel map by the Board of Supervisors.

(1966 Code, § 17A-7) (Ord. 855, § 4, 2010; Ord. 860, § 4(part), 2010; Ord. 916, § 1, 2013)

Standards in this section, except where specifically applied to other subdivisions, shall apply to all subdivisions. The Board of Supervisors is empowered to adopt by ordinance or resolution additional or specific standards, including standard drawings, applicable to residential and other subdivisions governed by this title.

(1966 Code, § 17A-8)

(A) Subdivision streets shall be located to conform to Transportation Element of the general plan of San Benito County and the road standards, where applicable. Road improvements shall be constructed prior to or concurrently with other subdivision improvements.

(B) The street system in a subdivision shall relate to existing streets in adjoining areas, where consistent with good planning.

(C) Half-width or partial-width streets shall be permitted only when a portion of a planned street lies outside the property of a developer, and, until additional development in the area occurs, the fractional street will serve only as access to a limited number of dwellings. In such cases, pavement width shall be adequate for present use. Minimum right-of-way width shall be 40 feet, unless approved by a four-fifths majority of the Board of Supervisors.

(D) Direct access to dwellings from a limited access road, shall be permitted only in isolated instances when no other practical access is available. Driveways will then be constructed so that vehicles will not back into the arterial road, and required sight distance shall be the same as would be required for connection with a minor street. Normally, dwellings will be separated from an arterial street by a landscaped buffer strip and will be entered from a minor residential street. Fencing to approved design may be required along arterial and collector streets. Relinquishments of access rights to control access over certain lot lines or street stubs shall be dedicated to the county.

(E) Right-of-way widths, pavement widths and sidewalks shall be as provided by specific standards adopted by ordinance for the applicable class of subdivision involved.

(F) Cul-de-sacs shall terminate in a turn-around right-of-way not less than 100 feet in diameter. In steep terrain or in development of properties of unusual shape, additional turnarounds may be required on steep terrain; for cul-de-sacs serving six or fewer lots, the County Engineer may authorize a specially designed turnaround suitable to the particular conditions. Where through roads terminate temporarily at a property line, or at a division between increments of a development, suitable facilities for turning vehicles shall be provided.

(G) Grades above 6% on arterial streets and above 10% on other streets will be approved only when the County Engineer determines that the lesser grade is impractical. No grade on an arterial street may exceed 8%, and grades on minor streets may only be permitted to exceed 15% in extreme cases, but not over 16%, for up to 400 feet, and with special pavement. These maximums shall be reduced, as necessary, for sharp curves, intersections and at other locations where needed for safe vehicle operation.

(H) Earth banks, trees and fences shall not be permitted to obscure adequate sight distance at intersections.

(I) The subdivider shall provide maximum off-street parking where feasible. Driveways, unless specifically exempted, shall be of a length and at a gradient as to permit cars to park on the lot and outside the carport or garage. Where available length of driveway or extreme gradient makes parking thereon infeasible, other off-street parking spaces may be required by the County Engineer or Planning Director. In commercial and industrial subdivisions, all parking spaces (except curbside parking) shall be so located as to permit vehicles to enter streets without backing.

(J) Streets shall intersect at 90 degrees or as near thereto as permitted by the terrain. Where two side streets intersect an arterial or collector street, they shall enter directly opposite one another. There shall be approximately 1,320 feet between streets entering an arterial street from the same side. Intersections along an arterial or collector street shall be kept to a minimum, depending on the traffic volume and normal vehicular speed on the street. Where required by nature and volume of traffic movements, left turn lanes, acceleration and deceleration lanes will be required on major streets. T-intersections shall be provided where practical on local circulation streets.

(K) Common driveways serving four or fewer single family residential lots shall be maintained by a service area or association, except that in a subdivision where no such agency is provided, maintenance of common driveways serving four or fewer residential lots may be provided for by recorded restrictive covenant or recorded mutual contract between owners, covering arrangements for shared costs of maintenance, and specifically exempting San Benito County or other public agency for liability and cost of maintenance. All common driveways shall be improved prior to or concurrently with other subdivision improvements.

(L) Where slopes extend onto private property as the result of street grading during development, slope easements shall be provided on those lots affected, or a blanket slope easement may be included in the dedication certificate on the parcel or final map along all street frontage of lots.

(1966 Code, § 17A-9)

(A) Cross streets, dividing residential areas into blocks shall be of intervals appropriate to the terrain and intensity of development. Adequate circulation shall be provided within a subdivision by the cross streets. Optimum block length is normally between 660 and 1,320 feet.

(B) Walkways through long blocks may be required, their location and number being determined by block length, convenient pedestrian traffic routes to schools, and commercial and recreational facilities. Walkways shall not be less than ten feet wide and shall be suitably improved for all-weather pedestrian traffic. Lighting may be required.

(1966 Code, § 17A-10)

(A) Lots shall contain an adequate building site for a structure of the reasonably expected size and type.

(B) The depth of lots shall not exceed three times the average width. The Planning Commission may grant exceptions where the Commission determines that the terrain or property boundaries make this advisable.

(C) Lot sidelines shall normally intersect street right-of-way lines at approximately 90 degrees or radially. The Planning Commission may waive this requirement in steep terrain or for large lots, where in its opinion good lot design and provision for driveways can otherwise be better achieved.

(D) Panhandle or flag lots will only be permitted where the proposed parcel is at the end of a cul-de-sac that is not foreseen by the county as being extended and where the resulting parcel cannot be further subdivided under the current zoning designation. Panhandles shall be not less than 20 feet in width, and this width shall be increased if steepness of terrain or other conditions shall render it inadequate for a driveway. Panhandles shall be improved to the county standards for common private driveways.

(E) Lots facing streets carrying heavy traffic may be paired or grouped, and two or more lots may be served by a common driveway that enters the street at a point of adequate sight distance. In such cases, access rights shall be dedicated to the county along the balance of those lots facing the street that are served by the common driveway.

(F) Vehicular access rights shall be dedicated to the county along the corner return on corner lots and on such other lot frontages where it is, in the opinion of the County Engineer, unsafe to locate driveways.

(G) Double frontage lots, except where the second frontage is on a cross street, shall only be allowed where necessitated by terrain conditions or where one of the streets is a limited access road. When lots front on more than one street, access rights shall be dedicated to the county on a frontage as the County Engineer directs.

(H) On tangents and on curved right-of-way lines having a radius over 150 feet, any lot under 10,000 square feet in area shall have a frontage of not less than 50 feet and lots 10,000 square feet or greater in area shall have a frontage of not less than 60 feet. On curves with a radius less than 150 feet, including the turn around at the end of cul-de-sacs, the lot width at the building setback line shall be not less than 45 feet.

(I) Lots shall be designed to preserve the maximum number of trees and other natural amenities and to minimize grading. On lots over one acre or where a potential hazard exists, the Planning Commission may require special setback lines or building envelopes to limit construction to the portion of the lot most suitable, to preserve trees or to prevent unnecessary interference with views from public roads.

(J) Approved access to each parcel is required.

(K) The lot standards set forth in this section may be modified as provided in an adopted specific plan, in which case the standards established within the specific plan shall control.

(1966 Code, § 17A-11) (Ord. 860, § 4 (part), 2010)

Recreational facilities shall be provided as required by the Planning Commission to achieve the living environment appropriate to the type of development. Maintenance arrangements for parks, recreation facilities, open space and landscaping shall be satisfactory to the Board of Supervisors and shall consist of dedication to the county, establishment of a county service area with maintenance obligations, or formation of an incorporated homeowners association with covenants making assessments a lien upon all parcels sold and specifying maintenance obligations of the association. Parks for common use and maintenance by the county shall be dedicated to San Benito County at the time of subdivision. Recreational areas and open space will be covered by appropriate easements.

(1966 Code, § 17A-12)

Every tentative, final or parcel map approved pursuant to this title shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property.

(1966 Code, § 17A-13)