Chapter 15.06 — SUBDIVISION DESIGN STANDARDS AND MISCELLANEOUS REQUIREMENTS

The purpose of this chapter is to establish standards and requirements that are to be met in the design, approval and development of all subdivisions.

(Ord. 1787 § 1 (part), 2002).

No subdivision of land into two (2) or more lots or parcels for the purpose of development shall be approved by the city unless it is determined that the following utilities and services can be provided:

(a)

Water Service. Domestic water service for all new lots or parcels shall be provided by the Marin municipal water district (MMWD).

(b)

Wastewater and Sewage Disposal. Wastewater and sewage disposal for all new lots or parcels shall be provided by either the San Rafael sanitation district or the Las Gallinas Valley sanitary district, depending upon the property location. The creation of an individual on-site septic system intended to serve a new lot or parcel shall be prohibited.

(c)

Gas and Electric Service. Gas and electric service for all new lots or parcels shall be provided by the Pacific Gas & Electric Company (PG & E).

(d)

Communication Services. Telephone and cable television service shall be available to all new lots or parcels.

(Ord. 1787 § 1 (part), 2002).

The following standards and requirements shall apply to all new lots or parcels created in a subdivision:

(a)

Minimum Lot Size. The minimum lot size shall be based on compliance with the zoning provisions of Title 14 (Zoning) and the densities allowed under the San Rafael general plan or applicable specific plan or

neighborhood plan. In hillside areas, lot sizes shall comply with the minimum size requirements of Chapter 15.07 (Standards for Hillside Subdivisions) of this title.

(b)

Lot Dimensions and Depth. The dimensions and depth of a new lot shall be based on compliance with the zoning provisions of Title 14 (Zoning).

(c)

Lot Numbering. All lots or parcels created for the purpose of development shall be assigned a lot number (e.g., numerical) on the final map or parcel map. All lots or parcels that are created for common use and ownership by an association of owners/homeowner's association or are intended for use other than for development purposes shall be designated with a letter (e.g., "A") rather than a lot number.

(d)

Panhandle/Flag Lots. Panhandle or flag lots are lots that are served by a strip of land that is used primarily for gaining access to a major portion of the lot or parcel. The creation of new panhandle or flag lots shall be permitted only when the following conditions can be met:

(1)

The panhandle shall not be included in calculating the minimum required square footage of the lot or parcel;

(2)

The lot shall meet all of the requirements of the zoning district within which it is located;

(3)

The panhandle shall not be used to determine the minimum required front yard setback. The front yard setback shall be measured from the property line that is parallel and nearest to the public street; and

(4)

Access to a public street shall be over land under the same ownership as the lot, and shall not be over an easement granted by an adjacent property owner.

When considering the approval of a panhandle lot, the city may impose more stringent spatial standards than normally required, such as increased setbacks, to promote privacy, health and safety.

(Ord. 1802 § 8, 2003: Ord. 1787 § 1 (part), 2002).

(a)

Access to public street. Except as approved as part of a planned development (PD) district, established in accordance with the provisions of Title 14 (Zoning), or, except as approved per Subsection (b), all lots or

parcels created shall have frontage on a public street meeting the minimum requirements of this chapter for pavement and right-of-way widths.

(b)

Approval of access over private right-of-way or private street. New lots or parcels proposed with access over a private right-of-way or private street, shall require the approval of the planning commission. An application for access over a private right-of-way or private street shall include a development plan showing alignment, width, grade and material specifications of any proposed private right-of-way, the topography and means of access to each lot and the drainage of the subdivision. In considering the proposed access over a private right-of-way or street, the planning commission shall not approve the access unless it finds that such access will not be detrimental to the health, safety and welfare of the existing residents or future residents and that the design of the improvements is adequate to provide access for emergency service vehicles. Approval of such access shall be conditioned to require that appropriate measures be implemented which guarantee permanent maintenance of the private driveway.

(Ord. 1787 § 1 (part), 2002).

15.06.050 - Street classifications and requirements.

Determination of street classifications shall be as indicated in the San Rafael general plan. The following classifications are defined and the requirements are established for all new public streets:

(a)

Arterials (major streets). Minimum right-of-way: eighty-six feet (86') in commercial areas and eighty feet (80') in residential areas. Minimum pavement width: sixty feet (60') in commercial areas and fifty-six feet (56') in residential areas.

(b)

Collectors (secondary streets). Minimum right-of-way: sixty feet (60'). The planning commission may require up to eighty feet (80') where the street may become a major street at some future date. Minimum pavement width: forty feet (40').

(c)

Local streets. Minimum right-of-way: sixty feet (60'). Minimum pavement width: forty feet (40').

(d)

Limited Service Residential streets. Streets which serve four (4) or fewer residential dwelling units or lots. Minimum right-of-way: forty (40') feet. Minimum pavement width: twenty-four feet (24').

(e)

One-way streets. Streets that are designed for one-way travel only. Minimum right-of-way: thirty feet (30'). Minimum pavement width: twenty feet (20').

(f)

Single-access (Cul-de-sac) streets. Minimum right-of-way: fifty feet (50'). Minimum pavement width: thirtysix feet (36'). Single-access streets shall not exceed three hundred fifty feet (350') in length, unless designed to connect with a secondary emergency access road, approved by the fire chief and the city engineer.

(g)

Hillside streets. Streets developed in hillside areas where property slopes are over twenty-five percent (25%). All new streets in hillside areas shall comply with the requirements of Section 15.07.030 (Standards for Hillside Subdivisions) of this title.

(h)

Private streets. Private streets shall meet all public street standards for road pavement and right-of-way width.

(i)

Designated Bicycle Routes. Where a bicycle route is designated by the San Rafael general plan or the other city-adopted plan, the bicycle route shall be required and constructed as part of the public street or public right-of-way improvements. Additional public street right-of-way and curb-to-curb pavement widths may be required to accommodate the bicycle route based on route classification.

Notwithstanding the narrower street widths allowed for hillside areas pursuant to Chapter 15.07 of this title, narrower street widths can be considered in other areas where it can be demonstrated by the subdivider, that the reduced width is unquestionably justified due to site constraints, neighborhood character, the limited number of lots served by the street and probable future traffic along the street. Requests for reduced street widths shall require the approval of an exception, consistent with the provisions and findings of Section 15.01.120 of this title. Increased widths may be required where streets are to serve commercial or industrial property, or where probable traffic conditions warrant such.

(Ord. 1844 § 1 (part), 2006; Ord. 1787 § 1 (part), 2002).

(a)

New Street Names. Street names shall be required for all new public and private streets. The process for the selection and approval of new street names shall be as follows:

(1)

Street names shall be selected by the subdivider and submitted for review and approval at the time of the tentative map review process.

(2)

The proposed street names shall be reviewed by the community development department, fire department, police department and public works department. The selected street names shall be approved by the

planning commission at the time of tentative map review.

(b)

Changing Existing Street Names. Changing an existing street name, shall require the following process:

(1)

The requested street name shall be reviewed by the community development department, fire department, police department, public works department and the U.S. postal service.

(2)

A street name change shall require the approval of the city council. City council approval shall be by resolution.

(3)

Upon city council approval of the street name change, the community development department shall inform all city departments, the U.S. postal service, effected agencies and utility services and local mapping services of the name change.

(Ord. 1787 § 1 (part), 2002).

15.06.070 - General design conditions for streets.

(a)

All streets shall, as far as practicable, be in alignment with existing adjacent streets by continuation of the center lines.

(b)

Streets shall be required to intersect one another at an angle as near to a right angle, as is practicable in each specific case.

(c)

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 provided that control of access across such dead-end street shall be vested in the city. In all other cases a turnaround having a minimum radius of forty feet shall be required.

(d)

Intersection corner rounding. Whenever a major street intersects any other street or highway, the property lines at each block corner shall be rounded with a curve having a radius of not less than thirty feet (30'). On all other street intersections the property line at each block corner shall be rounded with a curve having a radius of no less than twenty-five feet (25'). In either case, a greater curve radius may be required if streets intersect other than at right angles.

(e)

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 by the city engineer.

(f)

Grades of streets and highways. No street or highway shall have a grade of more than twelve percent (12%), unless, because of topographical conditions or other exceptional conditions, the city engineer determines that a grade in excess of twelve percent is necessary, provided that such grade not exceed eighteen percent (18%).

(h)

Connections between private vehicular accessways and public streets shall be by a standard commercial driveway connection, unless an alternative is approved by the city engineer.

(i)

Vertical concrete curbs and gutters or concrete valley gutters shall be installed to convey storm water runoff. Rolled curbs shall not be allowed.

(j)

Private vehicular accessways shall be identified as a "private street." A signpost to which is attached a sign having a size of at least fifteen inches (15″) by twenty-one inches (21″) shall be installed at or near the entrance of each intersection of a private vehicular accessway with a dedicated public street. The name of the accessway shall be placed on this sign in clearly legible four-inch (4″) letters. The sign shall also have painted, in at least one-inch (1″) letters "Private property. Not dedicated for public use or maintained by the city of San Rafael."

(Ord. 1787 § 1 (part), 2002).

15.06.080 - Sidewalks and walkways.

(a)

Requirement and width. Sidewalks and walkways shall be required along both sides of new public or private streets and incorporated into the right-of-way width requirements specified in Section 15.06.050 of this chapter. Sidewalks along streets intended for residential use shall be a minimum of four feet (4') in width, while sidewalks along streets intended for commercial or industrial use shall be a minimum of six feet (6') in width. All sidewalks and walkways shall be designed to comply with the requirements of the Americans with Disability Act (ADA).

(b)

Waiver. The installation of sidewalks on one or both sides of a new street may be waived by the planning commission, with the recommendation of the city engineer, if it is determined that:

(1)

The street is to serve a limited number of lots where the sidewalks are deemed unnecessary; or

(2)

Topographic conditions make it impractical to install a sidewalk without excessive grading and that such sidewalk would not necessarily be used because of the topography; or

(3)

The subdivision is located in an area where the streets are not developed with sidewalks or walkways.

(Ord. 1787 § 1 (part), 2002).

Street lighting shall be required on all new public or private streets proposed to serve a new subdivision. The type and design of the street light standard shall comply with the approved list of street light standards on file with the public works department. The spacing between and placement of street light standards shall be determined by a photometric study, prepared by a lighting consultant and approved prior to the recordation of a final map or parcel map.

(Ord. 1787 § 1 (part), 2002).

Street trees shall be required on all new public or private streets proposed to serve a new subdivision. Unless selected from a city-approved street tree list, the species, spacing and placement of street trees shall be approved by the department of community development and the public works department. All street trees shall be installed at a minimum size of twenty-four inch (24″) box with a two inch (2″) caliper trunk and shall include root barriers and/or at-grade screens, in accordance with the city specifications. Depending upon tree species, street trees shall be planted at thirty foot (30') centers.

(Ord. 1787 § 1 (part), 2002).

All subdivisions shall be designed and improved to provide proper grading, drainage and erosion and sediment control. All subdivisions shall comply with the provisions of the Uniform Building Code for design of grading and the conveyance of drainage and stormwater runoff and shall comply with best management practices (BMPs). The following design standards shall be required:

(a)

Grading. Grading required for a subdivision shall meet the following standards:

(1)

Grading shall be designed to create a natural appearance to the extent possible. Graded slopes shall be designed to transition to adjacent properties so as to limit abrupt changes in topography.

(2)

Graded slopes shall not exceed two to one (2:1), unless the city engineer determines that a steeper slope is justified to minimize the amount of grading or to reduce potential tree removal and, where it is determined that the soil and geologic conditions are suitable for and capable of accommodating a steeper slope.

(3)

The finished lot grading shall provide a building site and usable yard area that is compatible with the surrounding pattern of development.

(4)

Retaining walls and/or stepped foundations shall be encouraged in areas to reduce grading and tree removal. Retaining walls shall not exceed eight feet (8') in height, unless approved by the Planning Commission.

(b)

Drainage. All new lots created by subdivision action pursuant to this title shall be graded to drain to a public or private street. Lot grading shall not be designed so that runoff is directed to another lot or to adjacent property unless it is authorized by agreement, deed or easement. The city engineer may require or allow alternative drainage patterns as may be reasonably necessary to avoid excessive grading, or grading which results in significant height differential at the property line.

(c)

Erosion and Sediment Control. An erosion control plan shall be required for all subdivisions resulting in grading or earth movement. This plan shall be submitted with and shall accompany the subdivision improvement plans, and shall incorporate the following:

(1)

A narrative text describing the on-site conditions, timing schedule for grading, the timing for installation of the erosion and sediment control measures, the type of measures and a maintenance program.

(2)

The type of and specifications for the erosion and sediment control measures. These measures shall include but not be limited to seeding slopes, installation of temporary dikes and swales, placement of straw bales and filter fences, outlet protection, grass-line swales and the installation of sediment retention structures.

(3)

A site plan identifying where the specific erosion and sediment control measures are to be installed and where surplus supplies are to be installed for emergency use or replacement.

(d)

Stormwater Pollution Prevention Plan (SWPPP). An SWPPP shall be required for all subdivisions of land where the total land area is five (5) acres or greater. The city engineer may require a SWPPP on subdivision sites of less than five (5) acres, where such sites are located in environmentally-sensitive areas, are in hillside areas, or are adjacent to a watercourse, creek or wetland.

(e)

Stormwater Discharge. Where stormwater discharge from a subdivision is subject to the requirements of one or more national pollution discharge elimination system (NPDES) permits, all conditions and requirements of such permit(s) shall be required as a condition of grading permit approval. Proof of an NPDES permit approval by the state water resources control board or the regional water quality control board shall be submitted to the city engineer prior to the issuance of a grading permit for subdivision improvements.

(Ord. 1787 § 1 (part), 2002).

(Ord. No. 2039, § 4(Exh. C), 7-15-2024)

Fire protection measures may be required for the subdivision of land, as determined by the fire chief. Such measures shall be required as a condition of tentative map approval and constructed or installed concurrent with the installation of required subdivision improvements. Fire protection measures shall include but not be limited to the following:

(a)

Fire Hydrants. Fire hydrants, together with adequate water mains to serve the hydrants, shall be located along all new public or private streets, as recommended by the fire chief. Fire hydrants shall be located so that the maximum spacing between hydrants does not exceed four hundred feet (400'). The type and size of fire hydrant shall be determined by the fire chief at the time of tentative map approval.

(b)

Fire Breaks and Vegetation Clearance Zones. Fire breaks and vegetation clearance zones may be required for subdivisions located adjacent to undeveloped land or open space or in hillside areas.

(c)

Compliance with Fire Code. The fire chief may require additional fire protection measures to conform to the Fire Code, as adopted by the city in Chapter 4.08.

(Ord. 1844 § 1 (part), 2006; Ord. 1787 § 1 (part), 2002).

(Ord. No. 1880, §§ 18, 19, 3-1-10)

All utility distribution facilities, including but not limited to electric (carrying normal voltage of less than thirty-five thousand (35,000) volts), gas, communication and cable television lines, installed and for the

purpose of supplying service to a subdivision creating lots for development, shall be placed underground, except as follows:

(a)

Equipment appurtenant to or servicing underground facilities such as padmounted terminal boxes and meter cabinets, and concealed ducts. Transformers shall be placed underground, unless above-grade placement cannot be avoided or underground placement is not practical.

(b)

Poles supporting high voltage wires, switches and transformers, if determined by Pacific Gas and Electric Company (PG &E) that such services cannot be practically placed underground.

(c)

In any subdivision, including industrial subdivisions, where topography, soil, or other conditions or constraints make such requirement unreasonable or impractical, the planning commission may permit the installation of metal poles supporting only high voltage wires, switches, transformers and street lights.

(Ord. 1787 § 1 (part), 2002).

All new subdivisions shall comply with the city of San Rafael general plan policies and Title 14 (Zoning) provisions encouraging the protection of watercourses, creeks and wetlands. When the land to be subdivided includes or is adjacent to a watercourse, creek or wetland, and such resource is to be preserved and protected, setbacks shall be established, as required by city policies and standards. All setbacks required for the protection of such resources shall be included on and recorded with the final map or parcel map, consistent with Chapter 15.10 (Easements and Restrictions) of this title.

(Ord. 1787 § 1 (part), 2002).

Subdivisions of land for biotic and wildlife purposes shall be processed and approved consistent with the provisions of Section 66418.2 of the Subdivision Map Act.

(Ord. 1787 § 1 (part), 2002).

The subdivider shall prepare conditions, covenants and restrictions (CC & Rs) when the subdivision proposes private improvements such as private streets or utilities, or when lots or parcels that are proposed for common ownership among the lot owners within the subdivision, or when an association of property owners or homeowners is to be formed to oversee the subdivision. The city review and approval process for CC & Rs shall be as follows:

(a)

Draft Conditions, Covenants and Restrictions. Draft CC & Rs shall be prepared and submitted with a tentative map application. The draft CC & Rs shall be reviewed by the community development department and the city attorney's office. The preparation, city approval and recordation of final CC & Rs shall be made a condition of tentative map approval.

(b)

Final Condition, Covenants and Restrictions. Final CC & Rs shall be prepared and submitted with the filing of a final map or parcel map. The city attorney's office shall review and approve the final CC & Rs prior to recordation with the Marin County recorder's office.

(c)

Enforcement. CC & Rs recorded for a subdivision are not enforced by the city of San Rafael. While the city shall have the authority and role to review and approve such documents, enforcement shall lie with the subdivision homeowners association or the property owners within the subdivision.

(Ord. 1787 § 1 (part), 2002).