Chapter 87.06 — 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, any applicable community plan, and any applicable specific plan.

(Ord. 4011, passed - -2007)

The requirements of this Chapter apply as follows:

(a) Extent of Required Improvements. Each subdivision of four or fewer parcels, and each subdivision of five or more parcels, shall provide the improvements required by this Chapter, 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 County Surveyor. No Parcel or Final Map shall be presented to the Board for approval and no Parcel Map shall be presented to the County Surveyor for approval until the subdivider either completes the required improvements, or enters into a subdivision improvement agreement with the County for the work in compliance with § 87.06.050 (Subdivision Improvement Requirements).

(c) Subdivision Improvement Standards - Conditions of Approval. The applicable subdivision improvement and dedication requirements of this Chapter and any other improvements and dedications required by the review authority in compliance with § 87.02.060 (Tentative Map Approval or Disapproval), shall be described in conditions of approval adopted for each approved Tentative Map (§ 87.02.070). The design, construction, or installation of all subdivision improvements shall comply with the requirements of the Director of Public Works.

(d) Oversizing of Improvements.

(1) At the discretion of the review authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the County, in compliance with Map Act Chapter 4, Article 6.

(2) In the event that oversizing is required, the County shall comply with all applicable provisions of Map Act §§ 66485 et seq. , including the reimbursement provisions of Map Act § 66486.

(3) If a parcel proposed for subdivision is subject to an existing reimbursement agreement, the subdivider shall pay the required reimbursement before the recordation of the Parcel or Final Map, or the issuance of a Building Permit for construction on the parcel, whichever occurs first.

(e) Exceptions. Exceptions to the requirements of this Chapter may be requested and considered in compliance with § 87.01.100 (Exceptions to Subdivision Standards).

(Ord. 4011, passed - -2007)

(a) Purpose. This Section 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, any applicable community plan, and any applicable specific plan.

(b) Applicability. Each subdivision shall be designed in compliance with the standards of this Section, except where an exception is granted in compliance with § 87.01.100 (Exceptions to Subdivision Standards).

(c) Roads and Streets. The layout, design, and construction of proposed roads and streets shall comply with the General Plan, and adopted County street standards.

(1) Highway Alignment Plan. If the General Plan (or any applicable community or specific plan) designates a general location of a proposed highway and any portion thereof may be wholly or partially within a proposed subdivision or may be affected by a proposed subdivision before the approval of the subdivision, a specific alignment plan shall be prepared and adopted. Each roadway shall conform in width and alignment with that shown or indicated on the General Plan or any standards adopted consistent with the General Plan. As a condition of approval of the subdivision, the subdivider shall be required to make dedications and construct reasonable improvements as required by the specific alignment plan. These requirements may be waived by the Director upon recommendation of the Department of Public Works, if the proposed highway is located upon a section line or its precise alignment can be otherwise determined.

(2) Circulation Standards.

(A) General Plan Consistency. The circulation design of all subdivisions shall be compatible and coordinate with the General Plan (and any applicable community or specific plan) and the existing street and land use pattern in the surrounding area.

(B) Part-Width Highways and Alignments. Any part-width highway lying along and adjacent to any boundary of a subdivision shall have a part-width and alignment as will conform to the route lines shown on the Master Plan of Highways covering the same portion of the subdivision.

(C) Cul-de-Sacs. Cul-de-sac streets shall not exceed 600 feet in length, except as provided below, and shall terminate with a turn-around as specified in the adopted County Road Standards. The Director may approve a cul-desac that exceeds 600 feet if the Director first finds that the cul-de-sac will not be injurious to the public health, safety, and general welfare.

(D) Road Grades. Road grades shall not exceed 12 percent unless it can be demonstrated that a road grade in excess of 12 percent is necessary to accomplish the objectives of the General Plan (and any applicable community or specific plan). In these circumstances, the Director may approve a road grade not to exceed 14 percent grade for a distance not to exceed 500 feet if a finding is first made, based upon the recommendations of the County Director of Public Works and the County Fire Marshal, that the roadway will not create an unacceptable hazardous risk to the public health, safety, or general welfare.

(E) Subdivision Access. The subdivision and each of its phases shall have two points of vehicular ingress and egress from existing and surrounding streets, one of which may be for emergency use only. Where providing this access is physically impossible or a cul-de-sac is proposed, this requirement may be waived or modified.

(d) Public Access to Public Resources. Each proposed subdivision shall be designed and constructed to provide public access to waterways, lakes, and reservoirs in compliance with Map Act Chapter 4, Article 3.5 (Public Access to Public Resources).

(e) Parcel Design. The size, shape, and arrangement of proposed parcels shall comply with this Section and with any General Plan (and any applicable community or specific plan) policy, requirement, or other County Code provision that applies to proposed subdivisions.

(1) General Parcel Design Standards.

(A) Each proposed parcel shall be determined by the review authority to be “buildable” because it contains at least one building site that can accommodate a structure in compliance with all applicable provisions of this

Development Code.

(B) No subdivision shall be designed to leave unsubdivided islands, strips or parcels, or property unsuitable for subdividing, which is not either accepted by the County or other appropriate entity for public use, or maintained, as common area within the development.

(2) Parcel Area. Each proposed parcel shall comply with the minimum area requirements of the applicable land use zoning district established by Division 2 (Land Use Zoning Districts and Allowable Land Uses), except as otherwise provided by this Section.

(A) Calculation of Area. When calculating the area of a parcel to determine compliance with this Section, this Division or the General Plan (and any applicable community or specific plan), the following shall be deducted from the gross area of any parcel:

(I) A vehicular access easement through the parcel, unless there is alternative legal and physical access to the parcel for which the easement is granted;

(II) Any easement completely restricting or prohibiting any use of the property, for ingress, egress, landscaping, recreation, storage, etc.; or

(III) The “flag pole” (access strip) of a flag lot.

(B) Minimum Parcel Area Requirements for Common Interest Projects. The minimum parcel area requirements of this Development Code or the minimum “buildable” parcel size shall not apply to condominiums, condominium conversions, and townhouses, but shall apply to the creation of the original parcel(s) that are the location of the condominium or townhouse.

(3) Dimensions and Configuration. The dimensions of each new parcel shall comply with the requirements of the applicable land use zoning district established by Division 2 (Land Use Zoning Districts and Allowable Land Uses), or as otherwise required by the review authority.

(A) Side parcel lines shall be approximately normal to street lines.

(B) Each parcel on a dead-end street where the side lines converge from front to the rear of the parcel shall have an average width of not less than 60 feet, or the width required by this Development Code, whichever is greater, measured along the front building setback line.

(C) Each parcel on a curved street where the side lines converge from the front to the rear of the parcel shall have an average width of not less than 60 feet, or the width required by this Development Code, whichever is greater.

(D) Double frontage parcels shall be discouraged except where essential to separate residential developments from major or secondary highways or due to topographical conditions. When double frontage parcels are allowed, vehicular access rights shall be dedicated to the County along the street designated by the Director.

(E) The Director may require parcels larger than the above minimum sizes specified in multi-family residential, commercial, and industrial subdivisions. When parcels twice or more the required area or width are shown as part of a subdivision, the Director may require the parcel(s) to be so established as to make practical a further division into allowable building sites, without injury to adjoining property.

(F) In desert, hilly, or mountainous areas, the Director may require parcels larger than required minimums. Larger parcels shall be required when it is deemed to be necessary in order to conform to the General Plan or any applicable community or specific plan.

• (G) Flag lots shall be discouraged.

(H) Modification of these parcel design standards may be allowed in compliance with:

(I) The Parcel Area Regulations of Division 2 of this Development Code.

(II) The Planned Development standards and regulations of Division 4 of this Development Code.

(I) This Subdivision does not apply to any parcel which the subdivider offers to dedicate to the County or any public agency or district.

(J) When a land use zoning district classification line divides a parcel(s), the area and frontage requirements for the parcel(s) shall be those of the land use zoning district that requires the greater or most restrictive standards between the two districts involved.

Example: If the line between a Neighborhood Commercial (CN) District and a Single Residential (RS) district divides a parcel, the applicable area and frontage requirements would be those for the CN as they are greater than those for the RS district.

(f) Energy Conservation. Each proposed subdivision shall be designed to provide maximum opportunities for energy conservation, including opportunities for passive or natural heating or cooling opportunities, in compliance with Map Act § 66473.1, as follows.

(1) Street Layout. The streets proposed in a subdivision shall be planned in a primarily east-west orientation where feasible.

(2) Parcel and Building Site Design. Proposed parcels shall be designed, where feasible, to provide building sites that allow the orientation of structures in east-west alignment for southern exposure, and to take advantage of existing shade or prevailing breezes.

(g) Environmental Health. Lands to be subdivided for residential, park, playground, or land recreation purposes may be subject to environmental quality standards as established by ordinances and regulations of the different departments and agencies within the County.

(h) Fire Protection.

(1) Subdivision design shall provide for safe and ready access for fire and other emergency equipment and for routes of escape to safely handle evacuations.

(2) The subdivision shall be served by water supplies for community fire protection in compliance with the standards established by the appropriate fire authority.

(3) In hazardous fire areas, all flammable or combustible vegetation shall be removed from around all structures, in compliance with the requirements of the County Uniform Fire Code and the Fire Safety Overlay District. Where erosion is probable, the slopes shall be planted with fire resistive ground cover.

(Ord. 4011, passed - -2007)

(a) Grading. Before the issuance of a Building Permit, a grading plan prepared and signed by a registered civil engineer shall be submitted to and approved by the Building and Safety Division. 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, elevation height of all retaining or perimeter walls and finished sidewalk elevations at all front lot lines, and existing topographic elevations and drainage direction 100 feet outside the boundary of proposed project area and/or map.

(1) Minimum Slopes. The minimum grade of all drainage swales on parcels shall be two percent unless approved differently by the Building Official.

(2) Pad Elevation, Residential. The building pad elevation of residential parcels shall be established at a minimum of ten inches above the design sidewalk elevation at the lowest point of the parcel. The finished floor elevation of slab floor houses shall be a minimum of 16 inches above the sidewalk elevation. The pad elevation of all residential parcels shall be established at least one foot above the maximum water surface in an adjacent storm drain channel or the ponded surface in an adjacent sump for collection of storm drain waters. An exception may be allowed in the case of a proposed subdivision served by a storm drain pump station. The standards of this Subdivision shall apply to any building pad elevation, except where the requirements of the California Building Code (CBC) exceed these standards, in which case the requirements of the CBC shall apply.

(3) Drainage Plan. No inter-parcel or “cross drainage” shall be allowed. Each parcel shall drain its own water to a public street, approved public or private drainage facility, or natural drainage course without passing through or across an adjacent parcel, except where a legal right exists (e.g., a drainage easement), and is authorized by the Building Official. No parcel shall drain water over the bank of a flood control channel.

(4) Grading Practices. All grading within the County shall employ the best available management practices, as determined by the Building Official, to minimize erosion, sedimentation, and unnecessary grading.

(5) Grading Exceptions. Specific exceptions to the above requirements may be authorized at the discretion of the Building Official.

(6) Bonding. The County may require as a condition of approval that a bond be secured before any grading when the grading is proposed before recordation of the Parcel or Final Map. This bond would be used to install landscaping and appropriate erosion control measures as needed if the subdivider abandons the project after grading occurs. All bonding shall be in compliance with § 87.07.040 (Improvement Agreements, Lien Agreements and Securities).

of approval that a bond be secured before any grading when the grading is proposed before recordation of the Parcel or Final Map. This bond would be used to install landscaping and appropriate erosion control measures as needed if the subdivider abandons the project after grading occurs. All bonding shall be in compliance with § 87.07.040 (Improvement Agreements, Lien Agreements and Securities).

(7) Hillside Grading. If the subject property is within an area having a natural slope gradient of 15 percent or greater, refer to Chapter 83.08 (Hillside Grading Standards) for applicable procedures and standards.

(b) Erosion and Sediment Control. A proposed subdivision shall be designed so that all grading incorporates appropriate erosion and sediment control measures.

(Ord. 4011, passed - -2007)

(a) Bicycle/Walking Paths and Hiking/Equestrian Trails. Depending on the circumstances surrounding a specific project, the County may require, as a condition of approval, the subdivider to construct bicycle/walking paths and/or hiking/equestrian trails within an approved subdivision as determined by the review authority. In the event the review authority determines that path or trail construction within a subdivision would be infeasible or constitute unsound engineering, the review authority may grant the subdivider the option to pay into a fund, dedicated for these uses, the amount per foot, as determined by the review authority.

(b) Bridges and Major Thoroughfares. The County may assess and collect fees as a condition of issuing a Building Permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares in compliance with Map Act § 66484, after the County has established a master plan for bridge crossings and major thoroughfares by ordinance.

(c) Fire Hydrants. The subdivider shall install fire hydrants, with their associated underground water pipes, of sizes and locations as required and approved by the Fire Department.

(d) Monuments. The subdivider shall install monuments in compliance with the requirements of the County Surveyor, and Map Act Chapter 4, Article 9.

(e) Private Facilities - Maintenance. A subdivision with common area or private streets shall have conditions, covenants, and restrictions (CC&Rs) approved by the County to provide for the maintenance of the common areas and/or private streets, and establish standards for maintenance.

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

(1) Underground Utilities Required. Utility lines, including electric, telephone, communications, and street lighting, within or directly serving each subdivision, shall be placed underground. The subdivider is responsible for complying with the requirements of this Subdivision without expense to the County, and shall make necessary arrangements with the utility company for the installation of the facilities. Appurtenances and associated equipment (e.g., boxes and meter cabinets) and concealed ducts in an underground system may be placed above ground. Waiver

of the requirements for underground utilities shall be made through the Public Utilities Commission. This Subdivision shall not apply to existing utility or common carrier routes in use at the time the subdivision is completed which do not provide service to the area subdivided. Aerial routes still in existence at the time the subdivision is completed may be reinforced from time to time as conditions dictate; however, all provisions of this Subdivision shall be subject to the requirements of any underground district created in compliance with County Code § 67.0101 in existence before the subdivision of the land or created after subdivision.

ervice to the area subdivided. Aerial routes still in existence at the time the subdivision is completed may be reinforced from time to time as conditions dictate; however, all provisions of this Subdivision shall be subject to the requirements of any underground district created in compliance with County Code § 67.0101 in existence before the subdivision of the land or created after subdivision.

(2) Location of Allowed Overhead Lines. Where allowed, overhead utility lines shall be located at the rear of parcels where practical, and along the sides of parcels where necessary.

(3) Cable Television Systems. If a local cable television system is available to serve the project, any subdivision for which a Tentative Map is required, or a Parcel Map for which a Tentative Map was not required, shall be designed to provide the appropriate cable television system an opportunity to construct, install, and maintain on land as reserved for cable television service or by separate instrument, any equipment necessary to extend cable television services to each residential parcel in the subdivision.

(A) APPROPRIATE CABLE TELEVISION SYSTEM, as used in this Subdivision, means those franchised or licensed to serve the geographical area in which the subdivision is located.

(B) This Subdivision shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.

(4) Reimbursement for Relocation or Replacement. Whenever the County imposes as a condition of its approval of a Tentative Map or a Parcel Map a requirement that necessitates replacing, undergrounding, or permanently or temporarily relocating existing facilities of a telephone corporation or cable television system, common carrier, or other public utility, the developer or subdivider shall reimburse the appropriate facility provider for all costs for the replacement, undergrounding, or relocation. All of these costs shall be billed after they are incurred, and shall include a credit for any required advance payments and for the salvage value of any facilities replaced. Under no circumstances shall the telephone corporation or cable television system be reimbursed for costs incurred in excess of the cost to replace the facilities with substantially similar facilities.

(5) Public Services and Facilities Fees. The fee requirements of Division 5 of this Development Code shall be imposed as conditions of all map approvals, including Parcel Maps.

(g) Railroad Crossings. A proposed subdivision shall be designed to provide for railroad crossings necessary to provide access to or circulation within the proposed subdivision, including the preparation of all documents necessary for application to the California Public Utilities Commission for the establishment and improvement of the crossings.

(1) The subdivider shall deposit with the County Clerk, in cash, the estimated costs to be incurred by the County in pursuing, or assisting in the applicant’s pursuit of an application for railroad crossings before the Public Utilities Commission.

(2) Upon termination of the proceedings before the Public Utilities Commission, an accounting of the deposit will be made and an additional charge or refund will be made to the subdivider.

(h) Sewage Disposal. Each parcel within an approved subdivision shall be provided an approved on-site sewage disposal system before final building inspection, or connection to an approved community sewage collection, treatment, and disposal system, in compliance with the County’s infrastructure standards and specifications. The subdivider shall also pay any required connection fee(s).

(1) Subsurface sewage disposal systems shall be located as far as practical from a perennial or intermittent stream in compliance with County Code Division 3, Article 5, §§ 33.0505 and 33.0506, and the requirements of the Division of Environmental Health Services and the Regional Water Quality Control Board.

(2) When a soils or a geologic hazards report for a subdivision is prepared (either at the developer’s volition or as a requirement of any governmental agency), it shall include findings and recommendations concerning probable

adverse effects of the hazards to the integrity of water supply and sewage disposal facilities and structures.

(i) Street Lighting. Each proposed subdivision shall provide street lighting facilities designed and constructed in compliance with the County’s infrastructure standards and specifications.

• (j) Street Signs and Street Names.

(1) Street Names. All public and private streets within a proposed subdivision shall be named by the Board or the Director of Public Works. The duplication of an existing street name within the same area shall not be allowed in a new subdivision unless the street is an obvious extension of an existing street.

(2) Street Signs. The subdivider shall provide a minimum of two street name signs at each street intersection; with the signs located on the diagonally opposite sides of the intersection. The subdivider shall provide one street name sign at each “T” intersection. All street signs shall be made in compliance with the San Bernardino County Public Works Standards and Specification Manual per specifications 303, 303a, and 303b.

(k) Storm Drainage. Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system.

(1) A subdivision that lies in the path of existing watercourses or overflows from existing watercourses, or natural drainage from upstream properties, shall not be approved unless adequate dedicated rights-of-way or improvements are provided as deemed satisfactory by the Director of Public Works.

(2) When the Director of Public Works determines that a subdivision may cause an unnatural increase or concentration of surface waters onto downstream property, the subdivision shall not be approved unless drainage outlets are provided that will be adequate to render the County and the County Flood Control District harmless from any damages caused by the increase or concentration of water.

(3) The location, type, and size of watercourses or drainage works, and all drainage of streets and other drainage works between streets, shall comply with the San Bernardino County Public Works Standards and Specifications Manual or as required by the Director of Public Works.

(4) When the Director of Public Works determines that drainage rights-of-way are necessary, the subdivider shall offer to dedicate upon the Tentative, Parcel, or Final Map of the subdivision the necessary rights-of-way for the drainage facilities.

(5) Where dedication is offered or granted for Flood Control District rights-of-way, the rights-of-way shall be shown as parcels lettered alphabetically on the Tentative, Parcel, or Final Map. The offer of dedication or grant shall be made by an appropriate statement on the title sheet of the Final Map.

(l) Water Supply. Each approved parcel shall be served by an approved well or community water system, and shall be designed and constructed to accommodate both domestic and fire flows, together with necessary fire hydrants to serve each parcel proposed to be created.

(Ord. 4011, passed - -2007)