§ 36.540

This Division 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 and any applicable Specific Plan.

(Ord. No. 2108 § 1.)

The requirements of this Division apply as follows:

A. Extent of required improvements. All subdivisions shall provide the improvements required by this Division, 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 City Engineer. No Final or Parcel Map shall be presented to the Commission or Parcel Map to the City Engineer for approval until the subdivider either completes the required improvements, or enters into an agreement with the City for the work.

C. Subdivision improvement standards—Conditions of approval. The applicable subdivision improvement and dedication requirements of this Division and any other improvements and dedications required by the review authority in compliance with Section 36.510.070 (Tentative Map Approval or Disapproval), shall be described in conditions of approval adopted for each approved Tentative Map (Section 36.510.080). The design, construction or installation of all subdivision improvements shall comply with the requirements of the City Engineer.

D. Conflicting provisions. In the event of any conflict between the provisions of this Division and other provisions of this Zoning Code, or other provisions of the Municipal Code, the most restrictive provisions shall control. In the event of any conflict between the provisions of this Division and the Map Act, the Map Act shall control.

E. Extent of improvements required—Four or fewer parcels. As required by Map Act Section 66411.1, improvements required for subdivisions of four or fewer parcels shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created.

F. Oversizing of improvements. 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 City, in compliance with Article 6, Chapter 4 of the Map Act. In the event that oversizing is required, the City shall comply with all applicable provisions of Map Act Sections 66485 et seq., including the reimbursement provisions of Map Act 66486.

G. Exceptions. Exceptions to the provisions of this Division may be requested and considered in compliance with Section 36.500.100 (Exceptions to Subdivision Standards).

(Ord. No. 2108 § 1.)

A. Residential density. The maximum number of dwelling units permitted within a proposed subdivision shall not exceed the density established by the General Plan for the site and the maximum number of dwelling units permitted by the applicable zoning district.

B. Parcel and block design. The size, shape and arrangement of proposed parcels shall comply with this Section, or with any General Plan policy, applicable Specific Plan requirement, or other Municipal Code provisions applicable to a proposed subdivision.

1. Parcel area. The minimum area for new parcels shall be as required by Article 2 (Zoning Districts, Allowable Land Uses, and ZoneSpecific Standards), except as otherwise provided by this Section.

a. Calculation of area. When calculating the area of a parcel to determine compliance with this Section, Article 2, or the General Plan, the following shall be deducted from the gross area of any parcel, regardless of whether they may be used by the general public or are reserved for residents of the subdivision:

(1) A vehicular or non-vehicular access easement through the parcel;

(2) An easement for an open drainage course, whether a ditch, natural channel or floodway; or

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

b. Minimum lot area requirements for common interest projects. The minimum lot area requirements of Article 2 shall not apply to condominiums and condominium conversions, planned developments, townhouses, zero lot line, and similar projects, but shall apply to the creation of the original parcel or parcels that are the location of the common interest development.

2. Dimensions. The dimensions of new parcels shall comply with the applicable provisions of Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), or as otherwise required by the review authority. Lots shall be measured at right angles to the street on straight street and shall be approximately radial on curved streets.

3. Parcel and block configuration. The layout of proposed parcels and streets shall be designed to use land efficiently and minimize site disturbance in terms of cuts and fills and the removal of vegetation.

a. Double-frontage lots. Parcels with streets along both the front and rear lot lines shall be prohibited, except when necessitated by topographical or other physical conditions or where access from one of the roads is prohibited.

b. Parcel width and depth for cul-de-sacs. The minimum street frontage width for cul-de-sacs shall be 15 feet. The minimum depth of cul-de-sac parcels shall be an average of 90 feet.

c. Flag lots. The “flag pole” portion of a flag lot shall have a minimum width of 20 feet.

d. Block length. Blocks less than 330 feet in length or more than 990 may be cause for disapproval. In no case shall a block be longer than 1,320 feet.

e. Block width. The width of each block shall be sufficient for an ultimate layout of two tiers of lots within the block, of a size in compliance with the provisions of this Article, except where surrounding subdivision layout, property lines, or topographic conditions require other standards.

4. Driveway standards. Proposed parcels shall be designed to accommodate driveways designed in compliance with Section 36.310.090 (Driveways and Site Access) of this Zoning Code.

C. Energy conservation. The design of a subdivision for which a Tentative and Final Map are required by this Zoning Code shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions, in compliance with Map Act Section 66473.1.

(Ord. No. 2108 § 1.)

A. Grading. Prior to the issuance of a Building Permit, a grading plan prepared and signed by a registered civil engineer shall be submitted to the City Engineer. 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, 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 rate of grade of all drainage swales on lots shall be one-half of one percent.

2. Pad elevation, residential. The building pad elevation of residential lots shall be established at a minimum of 10 inches above the design sidewalk elevation at the low side of the lot. 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 lots shall be established at least one foot above the sign water surface in an adjacent storm drain channel or the ponded surface in an adjacent sump for collection of storm drain waters. An exception to this rule may be permitted in the case of a tract served by a storm drain pump station.

3. Drainage scheme. No inter-lot or “cross drainage” shall be permitted. All lots shall drain their own water to the public street, public drainage facility, or natural drainage course without passing through or across an adjacent lot. No lot shall drain water over the bank of a flood control channel.

4. Grading exceptions. Specific exceptions to the above requirements may be authorized at the discretion of the City Engineer. Exceptions are considered to be the case of an individual lot or at most a tier of lots and are not to be construed as extending to an entire subdivision.

5. As-built grading plan. Upon completion of grading operations the owner shall furnish to the City Engineer two prints of an as-built grading plan prepared by the owner’s engineer. In case no grading plan had been prepared and no grading permit had been granted, the subdivider shall furnish to the City Engineer two prints of a map signed by the owner’s engineer and certifying that no fills had been made on the lots or else two prints of a map prepared by the owner’s engineer showing the location and depth of all compacted or uncompacted fills that had been made.

B. Erosion and sediment control. A proposed subdivision shall be designed so that all grading incorporates appropriate erosion and sediment control measures.

(Ord. No. 2108 § 1.)

A. Fire hydrants. The subdivider shall install gate valves, extensions and risers extending 30 inches above the finished grade of the gutter for fire hydrants, of sizes and at locations approved by the Fire Chief.

B. Landscaping. Landscaping shall be provided as follows, and in compliance with Division 36.330 (Landscape Standards), where applicable.

1. Residential subdivisions. Residential subdivisions shall be provided landscaping in the form of street trees on each proposed parcel that is not a flag lot, landscaping with irrigation facilities for any common areas or other open space areas within the subdivision, and any additional landscaping required by the review authority. Proposed street trees shall be as required by the Public Works Director, and the plantings shall comply with the City’s standard specifications.

2. Nonresidential subdivisions. Nonresidential subdivisions shall be provided landscaping as required by the review authority.

3. Plant materials, irrigation. All proposed and/or required trees, shrubs, ground covers, vines, turf, and other plant materials shall be of a type approved by the Director and, to the greatest extent practicable, shall be of drought-resistant and drought-tolerant types or varieties. Plant materials and irrigation systems shall comply with the requirements of Division 36.330 (Landscaping Standards) of this Zoning Code. The subdivider shall provide a mechanism or system for the permanent maintenance of any common area or open space landscaping.

4. Deferral of installation. The installation of required landscaping may be deferred until the development of the subdivided lots through the provisions of Section 36.540.080 (Improvement Agreements and Security), provided that interim erosion and sediment control measures are first installed in compliance with Section 36.540.040 (Site Preparation and Subdivision Construction).

C. Monuments. The subdivider shall install monuments in compliance with the requirements of the City Engineer, and the Map Act.

D. Public utilities and utility easements. 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. Utilities in new subdivisions shall be installed underground, as follows. These requirements do not apply to utility lines which do not serve the area being subdivided.

a. When undergrounding is required. All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any subdivision shall be installed underground. Equipment appurtenant to underground facilities, including surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts, shall also be located underground, unless otherwise approved by the review authority based on the recommendations of the City Engineer and the Director.

the purpose of supplying service to any subdivision shall be installed underground. Equipment appurtenant to underground facilities, including surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts, shall also be located underground, unless otherwise approved by the review authority based on the recommendations of the City Engineer and the Director.

The subdivider is responsible for complying with the requirements of this Section and shall make the necessary arrangements with the affected utility companies for facility installation. The review authority may waive the requirements of this Section if topographical, soil, or other site conditions make underground installation infeasible or impractical.

b. Location of installation. Underground utility lines may be installed within street rights of way or along a lot line, subject to appropriate easements being provided if necessary. When installed within street rights of way, their location and method of installation, insofar as it affects other improvements within the street right of way, shall be subject to the approval of the City Engineer.

2. Utility easements. Minimum width. The minimum width of easements for public or private utilities, sanitary sewers, or water distribution systems shall be determined by the review authority based on the recommendations of the City Engineer for City facilities, and the recommendations of the applicable utility company, for public or private utilities.

3. Overhead lines. When overhead utility lines are approved by the review authority, easements shall be located at the rear of lots where practical, and along the side of lots where necessary. Where practical, the poles supporting overhead lines shall not be installed within any street, alley, or easement designated exclusively for drainage purposes.

4. Timing of installation. All underground utilities, water lines, sanitary sewers, and storm drains installed in streets, shall be constructed before the streets are surfaced. Connections to all underground utilities, water lines, and sanitary sewers shall be laid to sufficient lengths to avoid the need for disturbing the street improvements when service connections are made.

E. Sewage disposal. Each parcel within an approved subdivision shall be provided a connection to the City’s sewage collection, treatment, and disposal system, in compliance with the City’s improvement standards and specifications.

F. Street lighting. All proposed subdivisions shall provide street lighting facilities designed and constructed in compliance with the City’s improvement standards and specifications. The subdivider shall also pay the street light maintenance and energy fee required by the City.

G. Storm drainage. Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the drainage area. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development; off-site storm drain improvements may be required to satisfy this requirement. Any easement for drainage or flood control shall be improved as specified by the City Engineer.

H. Water supply. Each approved parcel shall be served by the City’s water distribution system and shall be designed and constructed to accommodate both domestic and fire flows, together with necessary fire hydrants to serve each lot proposed to be created.

(Ord. No. 2108 § 1.)

After the approval of a Tentative Map, the subdivider shall diligently proceed to complete any improvements necessary to fulfill the conditions of approval. Improvement shall be defined as any infrastructure including streets, storm drains, sewers and the like. Before the construction of any improvements, the subdivider shall submit plans to the City as follows:

A. Preparation and content. Improvement plans shall be prepared by a California registered civil engineer. Improvement plan submittals shall include the following information:

1. Any drawings, specifications, calculations, design reports and other information required by the City Engineer;

2. Grading, drainage, erosion and sediment control, and a storm water pollution prevention plan (SWPPP) for the entire subdivision; and

3. The improvement plan/specification checking and construction inspection fees required by the City Fee Resolution.

B. Submittal of plans. Improvement plans shall be submitted to the City Engineer and other reviewing agencies for review and approval. Upon the approval of improvement plans in compliance with Subsection C. following, the subdivider shall also submit to the City Engineer a detailed cost estimate of all improvements, based on guidelines provided by the City.

C. Review and approval. Improvement plans shall be reviewed and approved by the City Engineer, within the time limits provided by Map Act Section 66456.2.

D. Effect of approval. The final approval of improvement plans shall generally be required before approval of a Parcel or Final Map. The approval of improvement plans shall not bind the City to accept the improvements nor waive any defects in the improvements as installed.

(Ord. No. 2108 § 1.)

Subdivision improvements required as conditions of approval of a Tentative Map in compliance with this Division (see Section 36.540.050) shall be installed as provided by this Section.

A. Timing of improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with Section 36.540.060, and before the approval of a Parcel or Final Map in compliance with Sections 36.520.060 (Parcel Map Approval) or 36.520.100 (Final Map Approval), except where:

1. Improvements are deferred in compliance with Section 36.540.080 (Improvement Agreements and Security); or

2. Improvements are required as conditions on the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required:

a. Only when a permit for development of an affected parcel is issued by the Department; or

b. At the time the construction of the improvements is required in compliance with an agreement between the subdivider and the City, as set forth in Section 36.540.080 (Improvement Agreements and Security); or

c. At the time set forth in a condition of approval, when the review authority finds that fulfillment of the construction requirements by that time is necessary for public health and safety, or because the required construction is a necessary prerequisite to the orderly development of the surrounding area.

3. To avoid breaking up street paving, underground utility or service lines required to be installed as part of a subdivision and are planned to run across or underneath the right-of-way of any street or alley shall be installed prior to the preparation of subgrade and prior to the surfacing of any streets or alleys. In the event that the development of the subdivision requires the utility company to perform utility construction work, the developer shall pay a deposit satisfactory to the utility company within sufficient time to permit construction work to be performed prior to subgrade preparation. In no event shall subgrade preparation commence before installation of all necessary utilities and laterals.

B. Inspection of Improvements. The construction and installation of required subdivision improvements shall occur as follows.

1. Supervision. Before starting any work, the contractor engaged by the subdivider shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the City. The designated representative shall be present at the work site at all times while work is in progress. At times when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work that may be required.

2. Inspection procedures.

a. Inspections required. The City Engineer shall make any inspections as he/she deems necessary to ensure that all construction complies with the approved improvement plans. Where required by the City Engineer, the developer shall enter into an agreement with the City to pay the full cost of any contract inspection services determined to be necessary by the City Engineer.

b. Access to site and materials. The City Engineer shall have access to the work site at all times during construction, and shall be furnished with every reasonable facility for verifying that the materials and workmanship are in accordance with the approved improvement plans.

c. Authority for approval. The work done and all materials furnished shall be subject to the inspection and approval of the City Engineer. The inspection of the work or materials shall not relieve the contractor of any obligations to fulfill the work as prescribed.

d. Improper work or materials. Work or materials not meeting the requirements of the approved plans and specifications may be rejected, regardless of whether the work or materials were previously inspected by the City Engineer. In the event that the City Engineer determines that subdivision improvements are not being constructed as required by the approved plans and specifications, he or she shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume work. Any work done after issuance of a stop work order shall be a violation of this Division.

3. Notification. The subdivider shall notify the City Engineer upon the completion of each stage of construction as outlined in this Division, and shall not proceed with further construction until authorized by the City Engineer.

(Ord. No. 2108 § 1.)

A subdivider may file a Parcel or Final Map before completion of all the improvements required by this Zoning Code and conditions of approval of the Tentative Map, only when the subdivider first obtains Council approval of a subdivision improvement agreement executed and submitted for Council review by the subdivider, and provides the City performance security as required by this Section. Improvement agreements and required security shall also comply with Chapter 5 of the Map Act.

A. Contents of improvement agreement. A subdivision improvement agreement shall be submitted on the form provided by the City Engineer and approved by the City Attorney and shall include the following provisions.

1. Description of improvements. A description of all improvements to be competed by the subdivider, with reference to the approved subdivision improvement plans.

2. Time limit for construction. The period within which all required improvements will be completed to the satisfaction of the City Engineer.

3. Completion by City. Provide that if the subdivider fails to compete all required improvements within the specified time, the City may elect to complete the improvements and recover the full cost and expenses thereof from the subdivider or the surety, including any attorney and legal fees associated with enforcement of the agreement.

4. Surety requirement. Require the subdivider to secure the agreement by furnishing security to insure full and faithful performance and to insure payment to laborers and material suppliers, as specified in Subsection B. of this Section. The amount of surety shall be based on an engineer’s cost estimate submitted by the subdivider and approved by the City Engineer. The total cost of improvements to be guaranteed shall be as provided in the approved engineer’s cost estimate.

5. Phased construction. Provisions for the construction of improvements in units, at the option of the subdivider.

6. Time extensions. Provisions for an extension of time under conditions specified therein, at the option of the subdivider, consistent with the requirements of Subsection D. following.

7. Progress payments or partial release. Provide for progress payments from surety deposits, or partial release of the surety filed to ensure faithful performance of the contract, at the option of the subdivider, in compliance with the requirements of Subsection C. following; provided that no progress payment or partial release shall be construed to be acceptance by the City of any portion of the required improvements or any defective work or improper materials.

B. Security required to guarantee improvements. A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate surety in a form approved as to form and sufficiency by the City Attorney, as follows:

1. Type of security. Subdivision improvement agreements shall be secured by all of the following:

a. A guarantee for “Faithful Performance,” in the amount of 100 percent of the engineer’s estimate;

b. A guarantee for “Materials and Labor,” in the amount of 100 percent of the engineer’s estimate;

• c. $5,000 for survey; and

d. A one-year guarantee and warranty for work in the amount of 10 percent of the engineer’s estimate.

2. Form of security. The required surety shall consist of one or more of the following forms selected by the City Engineer for the full amounts specified in Subsection B.1 above.

a. A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable bonds of the kind approved for securing deposits of public moneys.

• b. A bond or bonds executed by one or more duly authorized corporate sureties;

c. An instrument of credit from an agency of the state, federal, or local government when any said agency provides at least 20 percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the State or Federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; or a letter of credit issued by such a financial institution;

d. A lien upon the property to be divided, created by contract between the owner and the City, where the review authority finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the Map, or

e. Any form of security, including security interests in real property, which is acceptable to the local agency.

C. Progress payments or partial release. No progress payment or partial release of the surety filed to ensure faithful performance of the contract shall be made except when the City Engineer has certified that the work required to qualify for payment or release has been satisfactorily competed and the payment or release has also been approved by the Council by at least four fifths vote. No certificate given, progress payment made, or release of surety, except the final certificate of acceptance, shall be considered as any evidence of the performance of the agreement either wholly or in part. There shall be no partial acceptance of any improvements.

D. Time extensions. An extension of time for completion of improvements under a subdivision improvement agreement shall be granted by the Council only as follows:

1. Public Works report. The City Engineer notifies the Council that either the subdivider is proceeding to do the work required with reasonable diligence or is not yet ready to develop the subdivision, and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension.

2. Agreement by sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety, or if recommended by the City Engineer, at an increased amount.

3. Council action. The Council approves the extension by at least a four fifths vote. As a condition of granting a time extension, the Council may impose whatever additional requirements the Council deems reasonable to protect the public interest.

E. Acceptance of improvements. Before acceptance for maintenance or final approval by the Council of subdivision improvements, the City Engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications.

(Ord. No. 2108 § 1.)

Soils reports shall be provided by the subdivider as required by this Section.

A. Preliminary soils report. A preliminary soils report based upon adequate test borings and prepared by a registered civil engineer shall be required for every subdivision. The preliminary soils report shall be submitted with the Tentative Map application.

1. Form of report. A preliminary soils report may be divided into two parts:

a. Soils reconnaissance. The soil reconnaissance shall include a complete description of the site based on a field investigation of soils matters. The soils matters reviewed shall include stability, erosion, settlement, feasibility of construction of the proposed improvements, description of soils related hazards and problems and proposed methods of eliminating or reducing these hazards and problems; and

b. Final soils investigation and report. This investigation and report shall include field investigation and laboratory tests with detailed information and recommendations relative to all aspects of grading, filling and other earthwork, foundation design, pavement design and subsurface drainage.

The report shall also recommend any required corrective action for the purpose of preventing structural damages to the subdivision improvements and the structures to be constructed on the lots. The report shall also recommend any special precautions required for erosion control, and the prevention of sedimentation or damage to off-site property.

If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, or environmental impacts, a subsequent soils investigation of each parcel in the subdivision may be required and submitted to the City Engineer before approval of a Parcel or Final Map.

2. Preliminary soils report waiver. The preliminary soils report may be waived if the City Engineer determines that existing available information on the qualities of the soils of the subdivision makes no preliminary analysis necessary.

B. Final soils report. A final soils report prepared by a registered civil engineer shall be required where a preliminary soils report was required, unless the final report is waived by the City Engineer.

1. Two copies of the final soils investigation and report shall be filed with the improvement plans.

2. The report shall contain sufficient information to ensure compliance with all recommendations of the preliminary soils report and the specifications for the project.

3. The report shall also contain information relative to soils conditions encountered which differed from that described in the preliminary soils reports, along with any corrections, additions or modifications not shown on the approved plans.

C. Geologic investigation and report. If the City Engineer determines that conditions warrant, a geologic investigation and report may also be required.

(Ord. No. 2108 § 1.) Home Previous Next

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