Chapter 16.12
DESIGN AND IMPROVEMENT STANDARDS
Sections:
16.12.020 General requirements.
16.12.070 Bikeways and trails.
16.12.080 Access to public resources.
16.12.110 Common areas and private facilities.
16.12.130 Off-site improvements.
16.12.140 Oversizing of improvements.
16.12.150 Modification of requirements.
16.12.010 Purpose.
This chapter establishes standards for the general layout and configuration of subdivisions and the design, construction and installation of physical improvements to serve the subdivision. (Ord. 25-01 § 1).
16.12.020 General requirements.
A. Consistency With City Plans, Policies, and Regulations. The design of a subdivision and its related improvements shall be consistent with the general plan, any applicable specific plan, the municipal code, and any other city plans, policies, or regulations adopted to give effect to the general plan.
B. Consistency With Standard Plans and Specifications.
1. All subdivision improvements shall be designed and constructed in conformance with the standard engineering specifications, any applicable utility master plan, and the standards of any utility company involved in the subdivision project.
2. The city engineer has the authority to determine the appropriate final improvement design in the case of any uncertainty, variability, or conflict between improvement design options.
C. Easements. The purpose, location and dimension of all easements shall be shown on subdivision maps and offered to the city as an irrevocable offer of dedication.
D. Lots.
1. The design of all subdivisions shall comply with the standards below unless the city approves a modification as provided in BMC 16.12.150 (Modification of requirements).
2. Dimensions.
a. The dimensions (area, width, and depth) of lots shall conform with minimum requirements of the applicable district or zone as specified in BMC Title 17 (Zoning) or applicable specific plan or area plan.
b. The minimum lot dimensions in the municipal code shall not apply to condominiums, condominium conversions, and townhouses, but shall apply to the creation of each original parcel that is the location of the condominium or townhouse.
3. Lot Line Orientation. The sidelines of parcels shall generally be at right angles to the street which the parcel faces, or radial, or approximately radial to the curve, if the street is curved.
4. Relation of Lot Lines to Existing Development.
a. The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot, as defined in BMC Title 17 (Zoning) or the applicable specific plan or area plan.
b. Lot lines shall not render an existing structure as nonconforming in any respect (e.g., required yards or setbacks, lot coverage, parking), nor increase the nonconformity of an existing nonconforming structure.
5. Frontage and Access.
a. Residential lots shall have frontage on, and take direct access from, a street.
b. Lots shall have a minimum frontage of 25 feet on a street, unless specified otherwise by this municipal code.
c. Commercial or industrial lots shall either have public-street frontage or appropriate access provided by way of common/reciprocal easement, such as in a shopping center or similar commercial development.
d. All street frontage requirements, whether public or private, shall be consistent with the standard engineering plans and specifications, streetscape plans, and other adopted policies and regulations of the city.
e. Road/street rights-of-way and/or easements of record established before the effective date of this title shall be recognized as legal access to a proposed subdivision.
f. Existing travel ways and/or roads for which a court has determined that a prescriptive right exists for public use shall be recognized as legal access to a proposed subdivision.
g. Where it is in the interest of public safety or welfare to limit access to any street or highway as determined by the city engineer, such restriction(s) shall be shown on the subdivision map.
6. Boundary Line Divisions. A lot may not be created that is divided by a city, county, school district, service district, or other taxing district boundary line.
7. Drainage. Drainage shall be required for each lot in accordance with this municipal code and the standard engineering specifications.
8. Remnants and Reserve Strips.
a. Lots shall be designed to minimize creating unusable and/or access constrained remnants of land due to the position of streets, creeks, wetlands, or other development constraint.
b. Any reserve strip, landlocked parcel, or property unsuitable for subdividing shall be maintained as common area within the subdivision.
E. Improvements.
1. Improvements Required. The subdivider shall design and construct all public and private improvements according to the applicable requirements of this municipal code and the standard engineering specifications.
2. Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including, but not limited to, street structural sections, curbs, gutters, sidewalks, driveway approaches, easements, and transitions.
3. Upgrades. The subdivider may be relieved from upgrading existing improvements to current standards if such improvements are in good condition and the grant of such relief shall not be detrimental to public health, safety, or welfare, as determined by the review authority.
4. Conditions of Approval. The applicable subdivision improvement requirements of this chapter and any other improvements and dedications required by the review authority shall be described in conditions of approval adopted for each approved map.
5. Tentative and Parcel Map. No improvements shall be required beyond those required in the approval of the tentative map or parcel map.
6. Agreement Required. No final map shall be presented to the review authority prior to the subdivider entering into an agreement with the city for the completion of the required improvement work and in compliance with BMC 16.16.020 (Subdivision improvement agreement). (Ord. 25-01 § 1).
16.12.030 Improvement plans.
A. General.
1. The subdivider shall furnish and obtain approval of all plans necessary to construct the required improvements prior to the review authority’s approval of the final map, parcel map or certificate of compliance.
2. Improvement plans shall be prepared under the direction of, stamped, and signed by a California licensed civil engineer and shall conform to the conditions of approval and to the standard engineering specifications of the city.
B. Form and Contents.
1. Improvement plans shall include those improvements specified in this title. (Government Code Section 66456.2)
2. The form and contents of the improvement plans shall conform to the standard engineering specifications and all applicable posted submittal checklist and/or standards.
C. Supplementary Plans and Calculations.
1. Geotechnical investigative reports and field investigations may be required for submittal with improvement plans, based on the city engineer’s determination following review of the tentative map pursuant to BMC 16.24.020 (Tentative map filing) or 16.32.030 (Parcel map filing).
2. Hydrology, hydraulic plans and calculations, bond or other security estimates and any structural calculations as may be required by the city engineer shall be submitted with the improvement plans.
3. All calculations shall be legible, systematic, stamped, signed and dated by a California licensed civil engineer and in a form approved by the city engineer.
D. Filing – Review by the City Engineer.
1. The subdivider shall file copies of the preliminary improvement plans and all computations which shall be reviewed by the city engineer.
2. Upon completion of the review, one set of the preliminary plans, with any required revisions indicated, will be returned to the subdivider.
3. If any revisions are necessary, the subdivider shall resubmit the corrected improvement plans and computations for review by the city engineer.
4. The city engineer shall act on the improvement plans within 60 working days of filing, plus extensions agreed to or necessitated by corrections, in compliance with Government Code Section 66456.2.
E. Approval by the City Engineer.
1. After the subdivider has completed all required revisions, the subdivider shall submit the corrected improvement plans for approval by the city engineer.
2. Upon finding that the required revisions have been made and that the plans conform to all applicable city ordinances, standard engineering specifications and drawings, conditions of approval of the tentative map, the city engineer shall sign and date the plans.
a. Approval of the improvement plans shall not be construed as approval of construction plans for nonmunicipal utility service providers (e.g., cable television, electric, gas, or telephone service).
3. Approval by the city engineer in no way relieves the subdivider or the subdivider’s engineer from responsibility for the design of the improvements or for any deficiencies resulting from the design or from any required conditions of approval of the tentative map.
4. The approval of the improvement plans by the city engineer, or the city engineer’s certification that no improvements are required, is a condition precedent to the approval of the final or parcel map of the subdivision.
F. Revision to Approved Plans.
1. By the Subdivider.
a. A request by the subdivider for a revision to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the city engineer prior to changes being made in the field and shall be accompanied by plans showing the proposed revision.
b. If the revision is acceptable to the city engineer and is consistent with the tentative map, the city engineer shall issue such approval or approval with conditions in writing to the subdivider.
c. Construction of any proposed revision may not begin until the city engineer approves revised plans.
2. Costs for Revisions.
a. Costs incurred by the city for reviewing plans or calculations or inspection as a result of revisions to the approved plans shall be borne solely by the subdivider in compliance with the adopted fee schedule.
b. A deposit, when required, shall be submitted with the revised plans and applied toward the costs. (Government Code Section 66456.2) (Ord. 25-01 § 1).
16.12.040 Streets.
A. Street Standards.
1. All streets, whether public or private, shall be designed in accordance with applicable city, state and federal regulations including complete street improvements in compliance with local, state and federal policies to enable safe use and support mobility for all users regardless of age, ability or mode of travel.
B. Street Lighting.
1. All proposed subdivisions shall provide energy efficient street lighting facilities designed and constructed in compliance with the city’s standard engineering specifications.
2. The subdivider shall pay for streetlight maintenance on decorative fixture lighting as required by the city.
C. Street Names.
1. Proposed street names shall be substantially different from existing street names so as not to be confused in sound or spelling.
2. Each proposed street, which is a continuation of an existing street, shall be given the same name as that existing street.
3. Two street segments that do not form a continuous street, and are not proposed to form one, must have different names.
4. The proposed name of each other street shown on the map shall be subject to approval by the review authority.
5. Street names must include an appropriate classification such as “street,” “way,” “lane,” etc., to be spelled in full on the map.
6. All streets ending in a cul-de-sac shall be designated as “courts.”
D. Street Name Signs.
1. All street name and traffic signs to be installed in the subdivision shall conform to applicable city, state and federal standards.
2. The developer shall install a minimum of one set of signs at each intersecting street identifying each street name at a location(s) determined by the city engineer. (Ord. 25-01 § 1).
16.12.050 Alleys.
All publicly dedicated and private alleys shall be designed in accordance with the standard engineering specifications and applicable regulations. (Ord. 25-01 § 1).
16.12.060 Sidewalks.
A. In compliance with the requirements and intent of the Americans with Disabilities Act (ADA) and to promote accessibility for people of all abilities, a sidewalk shall be provided along each side of each street and shall have a minimum clear width that is in conformance with the most current ADA requirements, but in no case less than five feet.
B. Wider sidewalk widths may be required in accordance with the standard engineering specifications or this municipal code. (Ord. 25-01 § 1).
16.12.070 Bikeways and trails.
The subdivider shall construct bikeways, multiple-use trails, complete streets, and/or access to multiple-use trails within any subdivision in compliance with the general plan, any applicable specific plan and related city, state, and federal standards. (Ord. 25-01 § 1).
16.12.080 Access to public resources.
A. In the event that a proposed subdivision is fronting upon the bay shoreline, the subdivider shall dedicate or make an irrevocable offer to dedicate a public access to such resources in accordance with the provisions of the Map Act. Such tentative subdivision map or parcel map shall not be approved unless the review authority finds that there is a public access by fee or by easement from a public right-of-way to land below the ordinary high tide level on any ocean coastline or bay shoreline or the bank of the water within or at a reasonable distance from the subdivision.
B. In making the determination of what shall be reasonable public access, the review authority shall consider:
1. That access may be by highway, walking trail, bikeway, or any other means of travel;
2. The size of the subdivision;
3. The type of coastline or shoreline and the various appropriate recreational, educational, and scientific uses, including, but not limited to, diving, sunbathing, surfing, walking, swimming, fishing, beachcombing, taking of shellfish, and scientific exploration;
4. Resilience or durability of the public access in light of potential sea level rise, tides, and other phenomena that could be detrimental to public access; and
5. The likelihood of trespassing on private property and reasonable means of avoiding such trespasses. (Government Code Sections 66478.11, 66478.12) (Ord. 25-01 § 1).
16.12.090 Other improvements.
A. Bridges and Major Thoroughfares. The city 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 Government Code Section 66484 which sets forth requirements for consistency with the general plan apportionment of benefits and fees.
1. Consistency. The bridge or major thoroughfare shall be consistent with the circulation element of the general plan, or transportation or flood control provisions thereof which have been adopted at least 30 days prior to the filing of a map or application for a building permit.
a. In the case of bridges, such improvement shall be consistent with the transportation or flood control provisions of the general plan that identify railways, freeways, streams or canyons for which bridge crossings are required.
b. In the case of major thoroughfares, such improvement shall be consistent with the identification of major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system. (Government Code Section 66484(a)(1))
2. Public Hearing. A public hearing shall be conducted by the city council for each area benefited. Notice shall be given pursuant to Government Code Section 65091 and shall include all information specified in Government Code Section 66484, including but not limited to: preliminary information related to the boundaries of the area of benefit, estimated cost, and the method of fee apportionment. (Government Code Section 66484(a)(2))
a. At the public hearing, the boundaries of the area of benefit, the costs (whether actual or estimated), and a fair method of allocation of costs to the area of benefit and fee apportionment shall be established. The method for fee apportionment, manner of city council action, and apportionment of fees payable by all property within the area of benefit shall be consistent with Government Code Section 66484(a)(3).
3. Payment of Fees.
a. Lands Not Subject to Payment of Fees. Where the area of benefit includes lands not subject to payment of fees pursuant to this section, an agreement shall be set forth pursuant to Chapter 16.16 BMC (Improvement Agreements and Acceptance) to make provision for payment of the share of improvement costs apportioned to those lands from other sources. (Government Code Section 66484(a)(3))
b. Major Thoroughfares. Payment of fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of adoption of the boundaries of the area of benefit. (Government Code Section 66448(a)(4))
c. Bridge Facilities. Payment of fees shall not be required unless the planned bridge facility is an original bridge serving the area at the time of the adoption of the boundaries of the area of benefit. Fees shall not be expended to reimburse the cost of the existing bridge facility construction. (Government Code Section 66484(a)(5))
4. Protest. Owners of property within the area of the property to be benefited by the improvement may file protests in accordance with Government Code Section 66484.
a. If protests are filed by owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half, then the proposed proceedings shall be abandoned and the city council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under this section. (Government Code Section 66484(a)(6))
b. Any protest may be withdrawn by the owner protesting, in writing, at any time prior to the conclusion of a public hearing held pursuant to this subsection.
c. If the majority protest is directed against only a portion of the improvement, then the city council may commence new proceedings not including any part of the improvement or acquisition that is the subject of the protest. The council’s actions shall be consistent with the provisions of Government Code Section 66484(c).
5. Administration. Fees shall be collected and costs for improvements shall be administered in accordance with Government Code Section 66484.
B. Transit facilities (i.e., bus pads, bus shelters, and bus turnouts) shall be provided on a collector street or arterial street, as specified in the general plan, when requested by applicable transportation authority or city engineer based upon adopted plans and standards.
C. Fire Hydrants. The subdivider shall install fire hydrants, with their associated underground infrastructure, of sizes and locations as required and approved by the city’s fire department, and the city engineer.
D. Special Facilities. Special facilities as required by the general plan or any applicable specific plan, or other adopted master plan of the city.
E. Other Improvements. Other improvements or fees in lieu of any of the foregoing are required as determined by the city engineer in compliance with this title and standard engineering specifications. (Ord. 25-01 § 1).
16.12.100 Utilities.
A. Public Utilities. Each parcel within an approved subdivision shall be served by public utilities, including cable television, electricity, gas, and telecommunications facilities of an adequate capacity to serve development of the property.
1. Undergrounding. All public utilities located within or directly serving the subdivision, including all street frontages adjacent to the subdivision and providing direct service to each lot, shall be placed underground, except where otherwise provided by an ordinance or resolution adopted by the city council.
a. The council may grant an exception to the undergrounding requirements of this subsection if topographical soil or other conditions make underground installation of the facilities infeasible.
b. For subdivisions of four or fewer parcels, undergrounding of utilities shall be required along the subdivision side of all frontage streets, except that the subdivider may request a modification of requirements subject to the provisions of BMC 16.12.150 (Modification of requirements) and the additional following findings:
i. The absence of similar improvements in the surrounding area;
ii. The likelihood of future development within the surrounding area;
iii. The presence of physical constraints which make undergrounding impractical; or
iv. The significance of the visual impact of overhead utilities within the surrounding area.
2. The subdivider shall be solely responsible for complying with the requirements of this subsection without any expense to the city. The subdivider shall make all necessary arrangements with the appropriate utility company(ies), and pay all costs for the underground installation of the facilities, and/or the entire cost of undergrounding existing overhead facilities and removing unused overhead facilities. Appurtenances and associated equipment (e.g., boxes and meter cabinets) may be placed above ground, but only upon prior approval by the city.
3. This subsection 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 being subdivided.
B. Reimbursement for Relocation or Replacement. Whenever the review authority imposes a condition of approval requiring replacement, undergrounding, or permanently or temporarily relocating any existing facilities of a cable television system owner or telephone corporation, common carrier, or other public utility, or private utility governed by the California Public Utility Commission (CPUC), the subdivider shall reimburse the appropriate facility owner/provider for all costs of the relocation, replacement, or undergrounding.
C. Sanitary Sewers.
1. Each lot within an approved subdivision shall be provided a separate connection to the city’s sewage collection, treatment, and disposal system.
2. All sanitary sewer mains, appurtenances, and service connections shall be constructed or laid to the line and grade established by the city engineer and shall be of a design and size as designated.
3. Sewers shall not be installed in utility easements, except in special cases and circumstances, subject to the prior written approval of the city engineer.
D. Storm Drainage.
1. Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system.
a. The storm drain system shall be designed for ultimate development of the watershed.
b. 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.
c. The storm drain system shall comply with all requirements of the city’s current National Pollution Discharge Elimination System (NPDES) permit, standard engineering specifications, and the applicable requirements of Chapter 15.70 BMC (Storm Water).
2. Off-site storm drain improvements may be required by the city engineer to facilitate implementation of adopted standards and regulations pertaining to the management of storm water.
3. A subdivision that lies in the path of existing watercourses or overflow drainage from existing watercourses, or natural drainage from upstream properties, shall not be approved unless adequate storm drain improvements are provided within dedicated right(s)-of-way as deemed necessary and satisfactory by the city engineer.
4. The location, size, and type of watercourses or drainage works, and all drainage of streets and other drainage works between streets, shall comply with city standard engineering specifications as determined by the city engineer.
5. When the city engineer determines that drainage right(s)-of-way are necessary, the subdivider shall make an irrevocable offer of dedication of those rights-of-way upon the parcel map, or final map.
E. Water Supply.
1. Each lot within any subdivision shall be individually served by an approved domestic water system.
2. Each parcel shall be served by the city’s water distribution system or successor agency/district. Water service shall be designed and constructed to accommodate both domestic and fire flows, together with necessary fire hydrants to serve each parcel. (Ord. 25-01 § 1).
16.12.110 Common areas and private facilities.
A. Requirement. A subdivision with common area or private facilities, including private streets, shall include CC&Rs and a permanent funding source to ensure the proper maintenance of the common areas and/or private streets at no cost to the city, and establish standards for maintenance.
B. Review. The CC&Rs shall be subject to review and approval by the city attorney, director, and city engineer as to the long-term maintenance of such facilities in accordance with the standards of this title.
C. Recording. Where CC&Rs are required, they shall be recorded, and a copy of the recorded document provided to the city as a condition of map approval. (Ord. 25-01 § 1).
16.12.120 Monuments.
A. For all subdivisions defined in the sections of this title, monuments shall be set that are sufficient to retrace the boundaries of the subdivisions and shall be set prior to the filing of the subdivision map as follows:
1. All exterior boundary corners shall be marked with a one-inch diameter iron pipe or five-eighths-inch rebar (minimum of 24 inches long) placed a minimum of 0.10 feet below the surface of the land unless an alternative to said pipe has been approved by the city engineer.
2. All interior lot and parcel corners shall be marked with a one-inch diameter iron pipe or five-eighths-inch rebar (minimum of 18 inches long) placed a minimum of 0.10 feet below the surface of the land unless an alternative to said pipe has been approved by the city engineer.
3. All centerline monuments shall be placed in a monument well at the actual centerline intersection of streets and points of curvature (beginning of curves, end of curves, points of reverse curvature, etc.) and built and installed per the standard engineering specifications. If the centerline intersection falls on a manhole or other obstruction, it shall be evidenced by a monument well per an approved city standard plan within a five-foot offset, in line with the centerline in one direction. Additional distance may be approved by the city engineer.
4. Found existing survey monuments, if accepted, that are illegible, do not contain a tag, are damaged, and/or of no reference, shall be tagged by the licensed surveyor performing the subdivision and/or reset if damaged. All monuments found, set, reset, replaced, or removed, describing their kind, size, and location, and giving other data relating thereto.
5. Any monument accepted for survey control that is found to be insufficient in character, markings and material by the city engineer shall be replaced with a monument per an approved city standard plan. The city engineer shall determine the durability of a monument. All spikes having a shank of less than four and one-half inches are not considered to be durable.
B. All monuments defined in this section shall comply with Sections 8771 and 8772 of the California Business and Professions Code.
C. At no time will the use of real-time kinematic GPS (RTK or RTN) be allowable for the methods of setting or locating the positions of found or set monuments. This policy includes found or set monuments ties and the use of benchmarks.
D. The city engineer may request any survey-related documents, including, but not limited to, field notes, photographs, adjustments, CAD files prior to acceptance or approval of documents. Interior monuments need not be set at the time the map is recorded if the subdivider’s engineer or surveyor certifies on the map that the monuments will be set by a specified date and if the subdivider provides security to guarantee the cost for the monuments.
E. Within five days after the final setting of all monuments, the subdivider’s licensed land surveyor shall give written notice to the subdivider and to the city engineer. (Ord. 25-01 § 1).
16.12.130 Off-site improvements.
A. When any subdivider is required to construct off-site improvements on land for which neither the subdivider nor the city has sufficient title or interest to allow construction of the required improvement, the developer shall ensure the dedication of sufficient rights-of-way for such improvements to the city at no cost to the city.
B. Prior to the review authority’s approval of the subdivision map, the subdivider shall enter into a subdivision improvement agreement with the city pursuant to BMC 16.16.020 (Subdivision improvement agreement) to ensure completion of all required off-site improvements. Such improvements shall be complete at the time the developer delivers the required land title or interest to the city.
C. If the developer is unsuccessful in delivering the required land title or interest to the city, and the city is therefore required to acquire the necessary land via negotiation or eminent domain, the developer shall be solely responsible to pay all costs associated with the city acquiring the land. “All costs” includes, but is not limited to, land cost, legal and other professional services, fully burdened hourly rate of staff pursuant to the city’s most recent user fee study, and direct cost of materials and supplies. (Ord. 25-01 § 1).
16.12.140 Oversizing of improvements.
A. 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 shall be required to make an irrevocable offer of dedication to the city, in compliance with Government Code Chapter 4, Article 6.
B. In the event that oversizing is required, the city shall comply with all applicable provisions of Government Code Section 66485 et seq., including the reimbursement provisions of Government Code Section 66486.
C. If a parcel proposed for subdivision is subject to an existing improvements 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. (Ord. 25-01 § 1).
16.12.150 Modification of requirements.
A. Purpose. This section establishes a process by which the city may approve modifications to subdivision design standards contained in this chapter. City subdivision design and improvement standards reflect standard conditions and are not intended to be appropriate to all conditions.
B. Eligibility. At the time of approving a tentative map or parcel map, the review authority may, in the authority’s sole discretion, authorize modifications to a subdivision design and improvement standard when one or more of the following circumstances apply to the project:
1. The modification will allow for a superior project consistent with the general plan due to unique subdivision characteristics or conditions such as the size or shape of the subdivision; unique topographic, special habitat, soil conditions; and other constraints present within the subdivision.
2. The subdivision is located in an urban infill area with existing streets, utilities, or other public improvements that do not conform to the standards in this chapter. Modification of the standard is necessary to allow the logical and compatible extension of streets, utilities, or other public improvements due to existing conditions.
3. The subdivision is subject to a specific plan, area plan, planned development, mixed-use plan, or condominium plan with subdivision design and improvement standards different from the standards in this chapter. Modification of the standards within this chapter is necessary to comply with these alternative standards.
4. The subdivision must incorporate one or more mitigation measures identified in an adopted mitigated negative declaration or certified environmental impact report pursuant to the California Environmental Quality Act (CEQA) requiring modifications to the subdivision design and improvement standard to reduce the subdivision’s environmental impacts.
C. Request for Modification.
1. The subdivider may request a design standard modification request as part of the tentative map or parcel map application.
2. The basis and factual information supporting the design modification request shall be clearly stated by the subdivider.
3. Additional information may be requested by the director or city engineer as necessary to evaluate the request.
D. Findings. The review authority may approve a design standard modification upon making all of the following findings:
1. One or more special circumstances clearly apply to the subdivision as identified under subsection (B) of this section (Eligibility).
2. With the modification, the project remains consistent with the Map Act, the general plan, and the purpose and intent of this title.
3. The modification does not result in a special privilege not available to others in the same circumstance.
E. Decision. A decision to approve or conditionally approve a design standard modification shall be included in the decision to approve or conditionally approve the tentative or parcel map. (Ord. 25-01 § 1).