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Title 16 — SUBDIVISIONS

§ 16.28

San Clemente Planning Code · 2026-07 edition · updated 2026-07-25 · San Clemente

16.28.020 - Alleys and pedestrian ways.

A.

Alleys for Vehicular Access. .....Alleys not less than twenty (20) feet in width shall be provided to serve lots where vehicular access to a highway or street, upon which such lots front, is restricted.

B.

Alleys in Congested Areas. .....Alleys not less than twenty (20) feet in width may be required where property is to be used for multiple-family or commercial use or where they are necessary for traffic or drainage needs.

C.

Alley Intersections. .....Where two (2) alleys intersect, a triangular corner cut-off of not less than ten (10) feet along each alley line shall be provided.

D.

Dead-End Alleys. .....Where a dead-end alley is designed, an adequate turning area shall be provided at the end thereof.

E.

Pedestrian Ways and Bridges. .....Pedestrian ways and pedestrian bridges shall be required when it is determined they are necessary for access to schools, recreation or other public areas. Such pedestrian ways shall be not less than six (6) feet in width.

(Prior code § 35-5)

16.28.030 - Easements and rights-of-way.

A.

Local Drainage Facilities. .....Where a drainage facility is necessary for the use of lot owners within the subdivision, the subdivider shall show on the map an adequate easement for such drainage facility.

B.

Utility Easements. .....Easements, not less than fifteen (15) feet wide, shall be required at the side or rear of all lots where deemed necessary by the City Engineer for public utilities, drainage, sewers or water mains. Where easements split lots, an easement may be shown on both lots as long as its width meets the minimum as required by this section.

C.

Watercourses and Flood Control Channels. .....Where a subdivision or any part thereof is traversed by a natural watercourse or by an existing or proposed flood control channel or any portion thereof, the subdivider shall show on the map the right-of-way for such watercourse or flood control channel in the width and alignment shown on an official flood control plan. Such right-of-way shall be shown as a lot on the map, lettered alphabetically.

D.

Off-Site Right-of-Way. .....Where it is necessary to extend a street, drainage facility or flood control channel beyond the boundaries of the subdivision for adequate traffic, drainage or flood control needs, the subdivision shall show on the map the necessary easements or rights-of-way to accommodate such traffic, drainage or flood control facility.

E.

Future Drainage Easements. .....When the property being subdivided is so situated as to be in the path of the natural drainage from adjoining unsubdivided property and no street, alley or way provides for the drainage of such adjoining property, the subdivider shall show on the map future drainage easements adequate to provide for the drainage of the adjoining property.

F.

Increased Runoff. .....Where a subdivision causes an increase in and the unnatural concentration of surface waters onto adjacent private property, the subdivider shall obtain an easement for drainage purposes across such property sufficient in width and improved in a manner adequate to handle the runoff of such surface water to a satisfactory point of disposal. If the owner of such adjacent private property agrees to accept such increased runoff and unnatural concentration of surface water, and such agreement has been recorded, the easement referred to herein shall not be necessary.

G.

Underground Utilities.

1.

Utility lines, including but not limited to electric, gas, telephone, ornamental street lighting and cable television, shall be required to be placed underground. The owner or developer shall be responsible for complying with the requirement of this section, and shall make the necessary arrangements with each of the serving utilities for the installation of such facilities in conformance with the respective utility's rules and regulations then on file and approved by the State Public Utilities Commission. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and any other necessary facilities appurtenant to undergrounding may be placed above ground when their location is approved by the City Engineer.

2.

All plans for location of utility equipment shall be forwarded to the City Engineering department prior to installation.

When a waiver of this subsection is sought, a written application for same shall be filed with the tentative tract or parcel map explaining the justification for such request.

(Prior code § 35-6)

16.28.040 - Requirements for numbered lots or parcels.

Each numbered lot or parcel shall be deemed to be a building site, provided, that it conforms to the building site requirements of the City Zoning Code that are effective at the time such numbered lots or parcels are recorded; and provided, that it complies with all of the requirements of this chapter.

(Prior code § 35-7)

16.28.050 - Area and width requirements.

A.

Minimum Residential Lot Area and Width. .....The minimum lot width and area shall not in any case be less than those specified in the City Zoning Code for a particular district.

B.

Front Property Line Reduction. .....The width at the front property line may be reduced when the frontage abuts the end of a cul-de-sac street, but in no case shall it be reduced below thirty-five (35) feet of street frontage.

C.

Property Line at Top of Slope. .....In hillside or sloped area where a slope exists between two (2) separate lots or parcels the common property line shall be placed at the top of the slope.

D.

Easements Not Included. .....Those easements whose primary purpose is to provide vehicular or pedestrian access to other property, and those easements which prohibit both the surface use of the property and the establishment of structures shall not be included in calculating the area of the lot or parcel.

E.

Determination of Building Site Width.

1.

In any district zoned for residential uses, the required width shall be determined by measuring the distance between the side lines of the building site along a line parallel to a straight line joining the foremost points of the side property lines, and twenty (20) feet, at the closest point, from the ultimate street right-of-way line. However, in the case of a panhandle building site or a building site not abutting a street or alley and gaining access by an easement, the width of the building site shall be determined by measuring the distance across the building site along a straight line in any direction.

2.

In any district other than a residential district, the required width shall be determined by measuring the distance between the points of intersection of the side property lines with the ultimate front street right-ofway line.

F.

Lots to Abut a Street. .....ll proposed lots or parcels in any and all types of subdivisions shall abut upon a dedicated public street except as herein provided. Any lots or parcels which are proposed to face upon a private street shall be approved by the decision making authority (specified in Section 16.04.015). A written request for private streets shall be made by the owners of the property, and shall contain any and all reasons why such streets should be private.

(Prior code § 35-8)

(Ord. No. 1565, § 1(Exh. A, § 16), 4-16-2013)

16.28.060 - Division of jurisdiction and zone.

A.

Division of Jurisdiction. .....No lot or parcel shall be platted as to be divided by a city or county boundary line.

B.

Division of Zone. .....When a zoning district classification line established by an official zoning map divides a numbered lot or parcel, such lot or parcel shall not be deemed to be a building site if it does not meet the area and width requirements of the zoning district classification within the lot or parcel which has the greater area and frontage width requirement.

(Prior code § 35-9)

16.28.070 - Standards for flood control, street and other local drainage facilities.

A.

Flood Control and Local Drainage Facilities. .....The location, type and size of flood control facilities or local drainage facilities delineated in a duly adopted master plan of drainage, other than drainage facilities between streets, shall be designed in accordance with the specifications of the county flood control district.

B.

Street Drainage Standards. .....Drainage on streets and drainage facilities between streets within the subdivision shall be in accordance with the minimum design standards of the City.

(Prior code § 35-10)

16.28.080 - Hillside design criteria for drainage and erosion control.

Where any lot is designed in such a manner that it will not drain directly to a street or common drainage facility with a minimum one (1) percent grade, it shall be designed in a manner that will conform to the following criteria:

A.

Slope and Lot Drainage.

1.

Lots shall be designed in such a manner that manmade slopes are not subject to sheet flow or concentrated drainage runoff from either the same or an adjacent lot.

2.

All drainage flowing down manmade slopes, except that drainage from water falling on each slope, shall be contained within an approved drainage device.

3.

All drainage flowing from one (1) lot to or across another lot shall be within an approved drainage device located within a properly executed easement, where appropriate.

B.

Erosion Control and Sediment Control. Subdivisions shall be designed in conformity with an approved erosion control plan and sediment control plan.

(Prior code § 35-11)

16.28.090 - Dangerous areas and exclusions.

A.

Dangerous Areas. .....Areas known to be dangerous by reason of geological conditions, unstable subsurface conditions, groundwater or seepage conditions, flood hazard, inundation, or erosion by the ocean or any other dangerous condition shall not be subdivided or divided except under restrictions as to the use of all or any part thereof.

B.

Exclusions. .....No portion of any property shown on the latest equalized county assessment roll as a unit or contiguous units shall be excluded from within the boundaries of a subdivision for the purpose of avoiding dedication or improvement of any traffic, drainage or flood control facility.

C.

Conformity of "Not a Part" Parcels to Plans. .....Any portion of the property shown on the latest equalized county assessment roll as a unit or as contiguous units but not included within the boundaries of a

subdivision shall be of such size or shape as to conform to the provisions of this chapter and the Zoning Code.

D.

Access. .....Any subdivision must have access to an all weather road, the design, location and width of which are approved by the City Council.

E.

Fire Protection. .....Any subdivision located within an area found by the City Council or Planning Commission to be a high fire hazard area, must be protected from fire danger by means of fire breaks, access roads, accessibility of sufficient water of sufficient pressure and cleared of highly hazardous natural ground covering from slopes and canyons, as determined by the Development Management Team.

e Protection. .....Any subdivision located within an area found by the City Council or Planning Commission to be a high fire hazard area, must be protected from fire danger by means of fire breaks, access roads, accessibility of sufficient water of sufficient pressure and cleared of highly hazardous natural ground covering from slopes and canyons, as determined by the Development Management Team.

(Prior code § 35-12)

(Ord. No. 1565, § 1(Exh. A, §§ 17, 18), 4-16-2013)

16.28.100 - Cable television access for subdivisions.

A.

Required Access.

1.

All subdivisions for which a tentative map or parcel map is required pursuant to Government Code Section 66426 shall provide any and all appropriate cable television systems an opportunity to construct, install and maintain a cable television system on public streets, highways, alleys, public properties, public easements and any and all land identified on the tract map as dedicated or to be dedicated to public utility use. All appropriate cable television systems shall be entitled and allowed to place and locate wires, conduits, appurtenances and any and all equipment necessary to extend cable television service to each residential parcel in the subdivision.

2.

Access for the construction, installation and maintenance of a cable television system, to public streets, highways, public properties, public easements and any and all land identified on the map as dedicated or to be dedicated to public utility use shall be granted upon terms mutually acceptable to the subdivider and the appropriate cable television system. If no mutually acceptable terms can be agreed upon, all appropriate cable television systems shall have the right to construct, at their sole expense, separate trenches and place therein all equipment necessary to extend their cable television system to each residential parcel in the subdivision.

B.

Definitions. ....."Appropriate cable television systems," as used in this section, means those franchised or licensed to serve the geographic area in which the subdivision is located. "Public easements," as used in

this section, includes but is not limited to any easement created by dedication to the City for public utility purposes or any other purpose whatsoever.

C.

Multiple Cable Systems. .....When multiple appropriate cable television systems install cable television equipment in separate trenches, the trenching activity shall be performed as close in time and physical proximity to the trenching for public utility lines as practicable.

D.

Conditions Must be Met Before Map Approval. .....The City shall not approve tentative tract maps or parcel maps without the imposition of the conditions expressed in subsection A of this section.

E.

Exceptions. .....This section shall not apply to the conversion of existing dwelling units to condominiums, community apartments or stock cooperatives. If any of the requirements of this section are deemed or held by any court of competent jurisdiction or administrative agency to be inconsistent with Government Code Section 66473.3, or other applicable law, said requirements shall be deemed null and void and unenforceable.

(Prior code § 35-31)

(Ord. No. 1565, § 1(Exh. A, § 19), 4-16-2013)

Chapter 16.32 - IMPROVEMENTS

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