Chapter 15.16

As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters’ rights, drainage, local transit facilities, bikeways, public utility easements, and other public easements as required. In addition, the subdivider shall install or agree to install all public and private street improvements, bikeways, local transit facilities, drainage facilities, utilities and fences as required. (Ord. 615 § 1 (part), 1977: Prior code § 24.5).

15.16.020 Recreation requirements for residential subdivisions.

The dedication of land or the payment of fees, or a combination of both, shall be required for park and recreational purposes as a condition to the approval of a tentative subdivision or parcel map required for, enabling, or resulting in residential development on one or more parcels of the subdivision. Dedication and payment requirements shall be subject to the following terms and conditions:

(1) As used in this section, residential development does not include commercial or industrial subdivisions or condominium projects or stock cooperatives which consist of the subdivision of airspace in any existing apartment building which is more than five years old when no new dwelling units are added.

(2) The amount of land dedicated or fees paid shall be based upon residential density, which shall be determined on the basis of the approved or conditionally approved tentative map or parcel map and the average number of persons per household. The dedication of land, or payment of fees, or both, shall be the proportionate amount necessary to provide five acres of park area per one thousand persons residing within a development subject to this section.

(3) The amount of land to be dedicated shall be calculated from the formula of AxB. The amount of fees to be paid shall be calculated from the formula of AxBxC.

(A) A is the recreation area required per dwelling unit, based on 5 acres per one thousand persons, i.e., .005 acres per person. There shall be a rebuttable presumption that a single family residential development will average 2.59 persons per unit so that if such presumption is not rebutted A will equal 2.59 x .005 = .013 acres per unit. There shall be a rebuttable presumption that all other residential developments will average 1.63 persons per unit so that if such presumption is not rebutted A will equal 1.63 x .005 = .008 acres per unit. As used herein, single family residential developments are residential developments authorized in the R-E, R-E-S, R-1-S, and R-1-U zoning districts and other residential developments are residential developments authorized only in other residential zoning districts. The above presumptions are derived from the 1990 census. Upon publication of a more recent census, the above presumptions shall be replaced by presumptions derived from the more recent census.

(B) B is the number of dwelling units in the proposed development (excluding established dwellings incorporated into the development).

(4) Either the dedication of land or the payment of fees may be required in a subdivision having more than fifty lots or when a condominium project, stock cooperative, or community apartment project exceeds fifty dwelling units. Otherwise only the payment of fees may be required.

(5) The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the development. The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the development.

(6) The city shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve the residents of the development. Any fees collected shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the development, whichever occurs later. To the extent required by law, fees not so committed shall be distributed and paid to the then record owners of the development in the same proportion that the size of their lot bears to the total area of all lots in the development.

(7) Developments containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this section. However, a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee shall be paid by the owner of such parcel as a condition to the issuance of such permit.

(8) If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land.

(9) The fee will be determined at the time of tentative subdivision or parcel map approval and will be paid prior to recordation of the final subdivision or parcel map.

(10) Stock cooperatives, community apartment projects, common interest developments and condominiums, if entitled by state law, shall be eligible to receive a credit as determined by the City Council, against the amount of land required to be dedicated or fee imposed pursuant to this section, for private open space within the development which is usable for active recreational uses. Developments not so entitled may receive such credit in the discretion of the City Council.

(11) If any condition, requirement, or provision of this section is determined to be invalid, all other conditions, requirements, and provisions shall remain in full force and effect. If the acreage per one thousand persons or the number of persons per household per unit provided for in this section exceeds that authorized by state law, such acreage or number of persons shall be the minimum authorized acreage or persons. (Ord. 836 § 2, 1992; Ord. 749 § 1, 1987; Ord. 748 § 1, 1987: Ord. 615 § 1 (part), 1977: Prior code § 24.6(1)).

15.16.030 School sites.

As a condition of approval of a final map, any subdivider proposing a development of more than four hundred dwelling units within any three-year period on any parcel or contiguous parcels shall dedicate such land as deemed necessary to assure the residents of the subdivision adequate elementary school facilities. This requirement shall be applicable only to a subdivider and his successors who have owned the land being subdivided for less than ten years prior to the filing of the tentative maps in accordance with this chapter. The requirement of dedication shall automatically terminate unless the school district offers to enter into a binding commitment with the subdivider to accept the dedication within thirty days after the requirement is imposed. The required dedication may be made at any time up to sixty days after the filing of the final map on any portion of the subdivision. The school district shall, in the event that it accepts the dedication, repay to the subdivider or to his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

(1) The cost of any improvements to the dedicated land since acquisition by the subdivider;

(2) The taxes assessed against the dedicated land from the date of the school district’s offer to enter into the binding commitment to accept such dedication;

(3) Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land. (Ord. 615 § 1 (part), 1977: Prior code § 26.6(2)).

II. Subdivision Layout and Configuration

15.16.040 Blocks.

Blocks shall not be longer than one thousand two hundred feet between intersecting street lines, except on major streets where longer blocks may be required. Lots with frontage on more than one street will not be permitted, except corner lots, unless topographic conditions warrant, and then only upon the approval of the planning commission and when access rights are relinquished on one street. A one-foot-wide nonaccess strip, in addition to other easements, shall be dedicated to the city for the installation of a permanent wall or fence when required by the planning commission. (Ord. 615 § 1 (part), 1977: Prior code § 24.6(3)).

15.16.050 Easements.

Easements not less than seven and one-half feet wide shall be required on each side of all lots and fifteen feet wide at the rear of all lots where necessary for utility wires, drainage and water mains or other utilities. The city engineer may allow a reduction of the width when in his opinion, and in the opinion of the serving utility, a lesser width is justified. (Ord. 615 § 1 (part), 1977: Prior code § 24.6(4)).

15.16.060 Frontage.

All lots shall abut on a street unless approved as a panhandle subdivision by the planning commission, under policies adopted by such planning commission. (Ord. 615 § 1 (part), 1977: Prior code § 24.6(5)).

15.16.070 Lot dimensions.

The size and shape of lots shall conform to any zoning regulations affecting the land to be subdivided. The lot depth shall not be greater than three times the average width, in a single-family residential zoning district. Width at front property line in residential subdivisions may be reduced to thirty-five feet where the frontage abuts the outside of a curve with a radius of one hundred feet or less. Lot size may be reduced through the Sections 15.16.210 through 15.16.230 if authorized. (Ord. 615 § 1 (part), 1977: Prior code § 24.6(6)).

15.16.080 Panhandle lots.

Panhandle development shall not be allowed for more than three panhandle lots. A constant width for the access strip of not less than twenty feet for up to two panhandle lots and twenty-four feet for three panhandle lots shall be provided. (Ord. 615 § 1 (part), 1977: Prior code § 24.6(7)).

15.16.090 Recontouring.

Recontouring may be allowed when approved by the planning commission; provided, that the area shall be graded according to preliminary plans approved by the planning commission, and final design plans approved by the city engineer. (Ord. 615 § 1 (part), 1977: Prior code § 24.6(8)).

15.16.100 Roads and streets.

(a) Existing streets shall be extended as required by the planning commission.

(b) Street stubs to adjacent unsubdivided property shall be required where, in the opinion of the planning commission, they are necessary. A satisfactory temporary turnaround may be required.

(c) Streets shall intersect at as near right angles as is practicable. Property lines on the corners of intersecting streets shall be on a curve, the radius of which shall be a minimum of twenty feet.

(d) The centerline of opposing streets, not on the same alignment, intersecting a common street, shall be offset not less than two hundred feet.

(e) Reserve strips, where required to control access over certain lot lines or over the ends of street stubs, shall be dedicated to the city.

(f) Alleys shall be constructed in industrial, commercial and in multiple-dwelling areas where it is necessary to control access to major streets or provide emergency access.

(g) Cul-de-sac streets shall have the following limiting dimensions:

(1) Forty feet minimum radius to curb, at turnaround;

(2) Fifty feet minimum radius to property line at turnaround, commercial and industrial developments may require larger radii as determined by the city engineer;

(3) Three hundred feet maximum length, from intersecting street centerline to bulb radius point. A longer cul-de-sac street may be allowed to serve twelve or less lots.

(h) Names for proposed new streets shall be shown on the tentative map.

(i) Streets, rights-of-way and easements in any subdivision shall be offered for dedication where required. The city may, at its option, accept or reject any such offer.

(j) Streets shall conform as to alignment and width to the official general plans for streets and highways of the city.

(k) Where a subdivision abuts or contains any existing or proposed state highway or freeway, major street or railroad right-of-way, the planning commission shall require:

(1) Marginal access streets;

(2) Reverse frontage with screen planting contained in a nonaccess reservation along the rear property line;

(3) Deep lots with rear service alleys; or

(4) Such other treatment as may be necessary for adequate protection of adjacent properties and to afford separation of through and local traffic.

(l) Streets within a new subdivision shall connect to a city street, county-maintained road, or state highway. Where an off-site connection is necessary to provide access to such street, road or highway, the subdivider shall acquire the right-of-way and construct the improvements required.

(m) The planning commission may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map as abutting thereon, and that if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the waiver of direct access. (Ord. 615 § 1 (part), 1977: Prior code § 24.6(9)).

15.16.110 Setbacks.

Building setbacks shall be required at least as great as the applicable zoning requirements. Setbacks for lots with access easements shall be measured from the easement line.

Where lot frontage abuts the outside of any curve of a radius of one hundred feet or less, the setback line shall be:

(1) Of length equal to the minimum lot width as required by the zoning ordinance; and

(2) Perpendicular to a radial line passing through the center of front lot line. (Ord. 615 § 1 (part), 1977: Prior code § 24.8).

15.16.120 Walkways.

Improved walkways not less than fifteen feet in width may be required through blocks more than nine hundred feet in length and at other locations where necessary to provide access to schools, parks or where pedestrian or bicycle access is desired. (Ord. 615 § 1 (part), 1977: Prior code § 24.7 (part)).

15.16.130 Watercourses.

Watercourses shall be shown as easements, and storm drains shall be placed in easements when public right-of-way is not available or adequate. The planning commission or city engineer may require watercourses to be placed entirely in underground conduits or adequately fenced or otherwise improved. If any watercourse alteration is to be made in the designated flood hazard area, the city engineer will notify the California State Department of Water Resources, and the Federal Insurance Administrator. (Ord. 658 § 2(b), 1980; Ord. 615 § 1 (part), 1977: Prior code § 24.7 (1)).

III. Improvements

15.16.140 Plans, standard details and specifications.

All improvements shall conform to the city’s standard details and specifications on file with the city engineer. Any deviation shall be only with the written approval of the city engineer. Grading and improvement plans shall be approved by the city engineer, and permits shall be obtained where required before any construction is started. Landscaping plans shall be approved by the planning commission prior to issuance of building permit. Any subdivision located in the designated flood hazard area shall be designed consistent with needs to minimize flood damage. Applications therefor shall include base flood elevation data. New utility and drainage systems shall be designed to avoid impairments, seepage or infiltration by flood waters from any source. (Ord. 658 § 2(c), 1980; Ord. 615 § 1 (part), 1977: Prior code § 24.7(2)).

15.16.150 Improvements required.

Improvements to be installed by the subdivider shall include the following where required:

(1) Paved streets, curbs and gutters, sidewalks, handicap ramps and walkways or valley gutters and parking strips;

(2) Sanitary sewers and laterals;

(3) Gas, electric, telephone and other utility mains and services;

(4) Water mains, services, and appurtenances;

(5) Fire hydrants, public fire alarms, fire protection systems and access roads, when required by the Menlo Park fire protection district;

(6) Storm sewers, subdrain systems, detention basins, and related improvements such as pumps, catch basins, etc.;

(7) Slope planting, silt basins and/or other forms of erosion and sediment control;

(8) Standard electroliers;

(9) Street trees including root barrier not less than one tree per thirty feet of lot frontage;

(10) Street name signs, subdivision monuments and street monuments;

(11) Stop signs and other traffic devices at locations designated by the city engineer, including necessary locations on private road;

(12) Local transit facilities, including bus pull outs, benches and shelters;

(13) Paved bicycle lane/path;

(14) Other improvements necessary to ensure conformity to or implementation of the general plan and the city stormwater management program, and to ensure public health, safety and welfare. (Ord. 868 § 2A (part), 1995: Ord. 615 § 1 (part), 1977: Prior code § 24.9(1)).

15.16.160 Monuments.

(a) Subdivision Monuments. Durable metal monuments consisting of iron pipes approved by the city engineer shall be installed or referenced to the following locations, before the map is recorded:

(1) Subdivision boundary corners;

(2) At intervals of not more than five hundred feet along boundary lines;

(3) At the beginning and ending of property line curves;

(4) Lot corners.

Interior monuments need not be set at the time the map is recorded if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified date, and if the subdivider furnishes to the city sufficient security guaranteeing the payment of the cost of setting such monuments.

Within five days after the final setting of all monuments has been completed by the engineer or surveyor, he shall give written notice to the subdivider and to the city engineer that the final monuments have been set.

(b) Street Monuments. City standard street monuments and monument boxes shall be placed along the centerlines of public streets and alleys at all intersections and all beginnings and endings of curves. (Ord. 615 § 1 (part), 1977: Prior code § 24.9(2)).

15.16.170 Drainage.

All surface drainage water must drain to a natural waterway, a public street, or public storm drain system. Subsurface water shall be disposed of in a natural waterway, or the public storm drain system as approved by the city engineer. Disposal of other than natural drainage shall meet the joint approval of the city building official and the city engineer. (Ord. 868 § 2A (part), 1995: Ord. 615 § 1 (part), 1977: Prior code § 24.9(3)).

15.16.180 Off-site improvements.

The following off-site improvements may be required:

(1) The development of a domestic water supply, including storage facilities or financial contributions for the improvement of any existing source of supply and the construction of transmission lines from that supply to the proposed development;

(2) The development of sewage disposal facilities or financial contributions for the improvement of any existing sewage disposal systems and the construction of transmission lines from the proposed improvements to the site of disposal;

(3) Where there are established flood-control zones, the subdivider shall pay the fee set out for the particular zone in which the subject land lies;

(4) Properly graded, drained and paved access roads and sidewalks, including not less than one-half of any existing bordering streets which have not previously been improved to city standards;

(5) The extension of other utilities;

(6) Traffic-control devices. (Ord. 615 § 1 (part), 1977: Prior code § 24.9(4)).

15.16.190 Undergrounding of utilities.

Utility distribution facilities, including but not limited to electric, communications, cable television and street lighting, installed in and for the purpose of supplying service to any standard subdivision, shall be required to be placed underground. Surface-mounted transformers or terminal boxes may be acceptable. The subdivider is responsible for complying with the requirements of this section, and he shall make the necessary arrangements with the utility companies for the installation of such facilities. The City Council, upon recommendation of the planning commission, may waive the requirements of this section if unusual topographical, soil or any other unusual problems make such underground installations unreasonable or impractical. The subdivider or any utility company may submit information supporting a request for such waivers. No such waiver shall be granted in any underground district previously established. Industrial subdivisions are excluded from the provisions of this section. (Ord. 615 § 1 (part), 1977: Prior code § 24.9(5)).

15.16.200 Inspection of improvements.

All improvements shall be constructed under the inspection of, and to the satisfaction of the city engineer. Cost of inspection shall be borne by the subdivider. (Ord. 615 § 1 (part), 1977: Prior code § 24.9(6)).

IV. Optional Standards

15.16.210 Proposed subdivision—Procedure generally.

Where a subdivider, by written affirmation, signifies his intent to enhance the livability and appearance of his proposed subdivision by using new concepts in the arrangement of lots, circulation pattern to serve such lots, and by providing permanent open space within the neighborhoods in the proposed subdivision, and by providing appropriate means of access to blocks, schools, shopping centers and other uses, he may use the procedure set forth in Sections 15.16.220 and 15.16.230. (Ord. 615 § 1 (part), 1977).

15.16.220 Application.

The subdivider shall apply to the planning commission for a recommendation to the City Council for approval of the proposed development plan, conditional development permit, and tentative map, which plan and map shall provide an improved design based on density control and community environment. The standards set out in this chapter may be varied only when the design has the approval of the City Council, and in the opinion of the City Council such deviation will:

(1) Produce a more desirable and livable community than the minimum requirements in this chapter;

(2) Create a better community environment through dedication of public areas, or setting out permanent scenic easements or open spaces, rearrangement of lot sizes, reforestation of barren areas;

(3) Reduce the danger of erosion;

(4) Reduce the area and unsightliness of cut and fill banks. (Ord. 615 § 1 (part), 1977).

15.16.230 Similar deviations.

The City Council may authorize similar deviations from other standards in this chapter where such deviations are for the purposes outlined in Section 15.16.220. (Ord. 615 § 1 (part), 1977).

Chapter 15.16DESIGN AND IMPROVEMENT STANDARDS

15.16.010 Dedication requirements.