Chapter 17.25
GENERAL REGULATIONS AND DESIGN STANDARDS

Sections:

17.25.010  Principles of acceptability.

17.25.020  Streets.

17.25.030  Pedestrian and bicycle access and circulation.

17.25.040  Utility easements.

17.25.050  Building sites.

17.25.060  Access management.

17.25.070  Blocks.

17.25.080  Large building sites.

17.25.090  Watercourses.

17.25.100  Land for public purposes.

17.25.110  Unsuitable land.

17.25.120  Wetlands and areas subject to inundation.

17.25.130  Solar access.

17.25.010 Principles of acceptability.

A land division, whether by a subdivision, creation of a street, or partitioning, shall conform to any development plans, shall take into consideration any preliminary plans made in anticipation thereof, and shall conform to the design standards established by this chapter. [Ord. 291 § 1, 2006; Ord. 215 § 39, 1994.]

17.25.020 Streets.

A. General. The location, width and grade of streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed use of land to be served by the streets. The street system shall assure an adequate traffic circulation system with intersection angles, grades, tangents and curves appropriate for the traffic to be carried considering the terrain. Where location is not shown in a development plan, the arrangement of streets shall:

1. Provide for the continuation or appropriate projection of existing streets in surrounding areas; and

2. Block lengths shall conform to GMC 17.25.070, Blocks, or shall conform to a plan for the neighborhood approved or adopted by the planning commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing block lengths, street connectivity and street development standards impractical.

B. Street Widths. Street widths shall conform to the cross sections, Figures A through D, as follows:

1. Standards and Specifications, Figure A, Two-Lane Arterial Road Cross Section.

2. Standards and Specifications, Figure B, Collector Road Cross Section.

3. Standards and Specifications, Figure C, Local Road Cross Section, and Standards and Specifications, Figure D, Alternative Local Road Cross Section.

Unless otherwise indicated on any master plan or by proceeding initiated by the city council, or approved by the city council upon initiation by other legally constituted governmental bodies, widths shall conform with city standards, except where it can be shown by the land divider, that the number of lots or parcels served and the probable future traffic development are such as to unquestionably justify a narrower width. Increased widths may be required where streets are to serve commercial property, or where probable traffic conditions warrant. Approval or determination of street classification shall be made by the planning commission taking into consideration the zoning designations imposed by the zoning ordinance, the present use and development of the property in the area, the logical and reasonable prospective development for the area based upon public needs and terms, and the public safety and welfare.

C. Alignment. As far as is practical, streets shall be in alignment with existing streets by continuations of the center lines thereof. Staggered street alignment resulting in “T” intersections shall, wherever practical, leave a minimum distance of 200 feet between the center lines of streets having approximately the same direction, and in no case shall be less than 100 feet.

D. Future Street Extension. Where necessary to give access to, or permit a satisfactory future division of adjoining land, streets shall extend to the boundary of the subdivision or partition, and the resulting dead-end streets may be approved without a turnaround. Reserve strips, including street plugs, may be required to preserve the objectives of street extensions.

E. Intersection Angles. Streets shall be laid out to intersect at angles as near to right angles as practical except where topography requires a lesser angle, but in no case shall the acute angle be less than 80 degrees unless there is a special intersection design or the corner radius is increased to allow for safe turning. An arterial or collector street intersecting with another street shall have at least 100 feet of tangent adjacent to the intersection unless topography or other unusual circumstances require a lesser distance. Other streets, except alleys, shall have at least 50 feet of tangent adjacent to the intersection unless topography or other unusual circumstances requires a lesser distance. Intersections which contain an acute angle of less than 80 degrees or which include an arterial street shall have a minimum corner radius sufficient to allow for a roadway radius of 20 feet and maintain a uniform width between the roadway and the right-of-way line. Ordinarily, the intersection of more than two streets at any one point will not be approved.

F. Existing Streets. Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of-way shall be provided at the time of the land division.

G. Reserved Strips. No reserved strips controlling the access to public ways will be approved unless the strips are necessary for the protection of the public welfare, and in these cases they may be required. The control and disposal of the land comprising the strips shall be placed within the jurisdiction of the city under conditions approved by the planning commission.

H. Half Streets. Half streets only may be approved where essential to the reasonable development of the subdivision or partitions when in conformity with the other requirements of these regulations, and when the planning commission finds it will be practical to require the dedication of the other half when the adjoining property is divided. Whenever a half street is adjacent to a tract to be divided, the other half of the street shall be platted within the tract. Reserve strips may be required to preserve the objectives of half streets.

I. Cul-De-Sac.

1. Cul-de-sacs shall only be allowed when one or more of the following conditions exist:

a. Physical or topographic conditions make a street connection impracticable. Such conditions include but are not limited to freeways, railroads, steep slopes (greater than 20 percent grade), wetlands or other bodies of water where a connection could not reasonably be provided;

b. Buildings or other existing development on adjacent lands physically preclude a connection now or in the future considering the potential for redevelopment; or

c. Where streets would violate provisions of leases, easements, covenants, restrictions or other agreements existing as of the date of adoption of the city's transportation system plan, which precluded a required street connection.

2. Standards. A cul-de-sac shall terminate in a circular turnaround with a minimum radius of 40 feet, or a hammerhead with a length of at least 40 feet. Cul-de-sacs or dead-end hammerhead streets shall be connected with walking or bicycle paths in accordance with GMC 17.25.030, Pedestrian and bicycle access and circulation.

J. Alleys. When any lots or parcels are proposed for commercial or industrial usage, alleys at least 20 feet in width may be required at the rear thereof with adequate ingress and egress for truck traffic unless alternative commitments for off-street service truck facilities without alleys are approved. Intersecting alleys shall not be permitted.

K. Grades and Curves. Grades shall not exceed six percent on arterials, 10 percent on collector streets, or 12 percent on other streets. Grades in excess of these requirements require approval of the planning commission. Center line radii of curves shall not be less than 300 feet on major arterials, 200 feet on secondary arterials, or 100 feet on other streets, and shall be to an even 10 feet. Where existing conditions, particularly the topography, make it otherwise impractical to provide buildable sites, the planning commission may accept steeper grades and sharper curves. In flat areas, allowance shall be made for finished street grades having a minimum slope, preferably, of at least 0.5 percent.

L. Marginal Access Streets. Where a land division abuts or contains an existing or proposed arterial street, the planning commission may require marginal access streets, reverse frontage lots with suitable depth, screen planting contained in a nonaccess reservation along the rear or side property line, or other treatment necessary for adequate protection of residential properties and to afford separation of through and local traffic.

M. Street Names. All street names shall be approved by the planning commission for conformance with the established pattern and to avoid duplication and confusion.

N. Private Streets. The design and improvement of any private street shall be subject to all requirements prescribed by this chapter for public streets. The land divider shall provide for the permanent maintenance of any street required for access to property in a private street subdivision or a major partition.

O. Pedestrian and Bicycle Paths. These pathways shall facilitate safe and convenient pedestrian and bicycle trips to meet local travel needs in developed areas.

P. Streets within or adjacent to a development shall be improved in accordance with the transportation system plan and the provisions of this section. [Ord. 291 § 1, 2006; Ord. 273 §§ 4, 5, 6, 2003; Ord. 215 § 40, 1994.]

17.25.030 Pedestrian and bicycle access and circulation.

A. Purpose. The primary pedestrian and bicycle circulation plan is addressed in the city's adopted transportation system plan (TSP). The TSP provides for a pedestrian system plan and a bicycle system plan to ensure safe, direct and convenient pedestrian and bicycle circulation. New streets should be constructed to the standards specified in the TSP to allow for pedestrian and bicycle access. Pedestrian circulation shall be provided for neighborhood activity centers including schools, shopping areas, parks, employment centers and transit facilities. The system of pathways shall be designed based on the standards in subsections B and C of this section.

B. Safe, Direct, and Convenient Pathways. The following developments shall provide safe, reasonably direct and convenient connections between primary building entrances, and all adjacent streets:

1. New subdivisions;

2. Multifamily developments;

3. Planned developments;

4. Shopping centers;

5. Commercial districts adjacent to residential areas and transit stops;

6. Neighborhood activity centers such as schools, parks, shopping areas, transit stops or employment centers.

C. The requirement for “safe, reasonably direct and convenient connections” in subsection B of this section is based on the following definitions:

1. “Reasonably direct” means a route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of-direction travel for likely users.

2. “Safe and convenient” means bicycle and pedestrian routes that are reasonably free from hazards and provide a reasonably direct route of travel between destinations. [Ord. 291 § 1, 2006; Ord. 273 § 7, 2003; Ord. 215 § 40A, 1994.]

17.25.040 Utility easements.

Easements for sewers, drainage, water mains, public utility installations, including overhead or underground systems, and other like public purposes shall be dedicated, reserved or granted by the land divider in widths not less than 10 feet on each side of rear lot or parcel lines, alongside lot or parcel lines and in planting strips wherever necessary; provided, that easement of lesser width, such as for anchorage, may be allowed when the purposes of easements may be accomplished by easements of lesser width as approved by the city. [Ord. 291 § 1, 2006; Ord. 215 § 41, 1994.]

17.25.050 Building sites.

A. Size and Shape. The size, width, shape and orientation of building sites shall be appropriate for the location of the land division considering all environmental features and for the type of development and use contemplated, and conform to the standards of the zone in which they are located.

B. Access. Each lot and parcel shall abut upon a street other than an alley for a width of at least 25 feet.

C. Through Lots and Parcels. Through lots and parcels shall be avoided except where they are essential to provide separation of residential development from major traffic arteries or adjacent non-residential activities or to overcome specific disadvantages of topography and orientation.

D. Lot and Parcel Side Lines. The lines of lots and parcels, as far as is practicable, shall run at right angles to the street upon which they face, except that on curved streets they shall be radial to the curve.

E. Character of the Land. Land which the planning commission finds to be unsuitable for subdivision or partitioning due to flooding, improper drainage, steep slopes, adverse soil conditions or topography, utility easements, or other features which will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision or partition and/or its surrounding areas, shall not be subdivided or partitioned unless adequate methods are formulated by the developer and approved by the planning commission, upon recommendation of the city staff, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses as shall not involve such a danger. [Ord. 291 § 1, 2006; Ord. 215 § 42, 1994.]

17.25.060 Access management.

A. Access shall be managed to maintain an adequate “level of service” and to maintain the “functional classification” of roadways as required by the city of Garibaldi transportation system plan. Major roadways, including arterials and collectors, serve as the primary system for moving people and goods within and through the city. “Access management” is a primary concern on these roads. Local streets and alleys provide access to individual properties. If vehicular access and circulation are not properly designed, these roadways will be unable to accommodate the needs of development and serve their transportation function.

B. The regulations in this section further the orderly layout and use of land, protect community character, and conserve natural resources by promoting well-designed road and access systems and discouraging the unplanned subdivision of land.

C. Traffic Impact Study Requirements. The city or other agency with access jurisdiction may require a traffic impact study pursuant to GMC 18.210.110 prepared by a qualified professional to determine access, circulation and other transportation requirements.

D. The city or other agency with access permit jurisdiction may require the closing or consolidation of existing curb cuts or other vehicle access points, recording of reciprocal access easements (i.e., for shared driveways), development of a frontage street, installation of traffic control devices, and/or other mitigation as a condition of granting an access permit, to ensure the safe and efficient operation of the street and highway system. Access to and from off-street parking areas shall not permit backing onto a public street.

E. Access to U.S. 101. All new or existing development proposing new or revised access to U.S. 101 requires an access permit from ODOT, subject to the access control standards of OAR 734-051, and the standards and policies contained in the Oregon Highway Plan, Goal 3. Access Spacing standards can be found in OAR 734-051-0190, “Access Management Spacing Standards for Approaches.” [Ord. 291 § 1, 2006; Ord. 273 § 8, 2003; Ord. 215 § 42A, 1994.]

17.25.070 Blocks.

A. General. In general, the shape of blocks shall take into account street width, circulation patterns and conformity with the topography of the site. Block length shall not exceed 800 feet. Block perimeter shall not exceed 2,400 feet.

B. Exceptions.

1. An exception to block size may be granted when blocks are divided by one or more pathway(s), in conformance with the provisions of GMC 17.25.030. Pathways shall be located to minimize out-of-direction travel by pedestrians and may be designed to accommodate bicycles.

2. Streets and pathways need not be required if (a) physical or topographical conditions make a street or pathway impracticable, (b) buildings or other existing development on adjacent lands physically preclude a connection, or (c) where streets or pathways would violate provisions of leases, easements, covenants, or restrictions. [Ord. 291 § 1, 2006; Ord. 273 § 9, 2003; Ord. 215 § 43, 1994.]

17.25.080 Large building sites.

In dividing tracts into large lots or parcels which at some future time are likely to be redivided, the planning commission may require that the blocks be of such size and shape, to be so divided into building sites and contain such site restrictions as will provide for extension and opening of streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller size. [Ord. 291 § 1, 2006; Ord. 215 § 44, 1994.]

17.25.090 Watercourses.

The land divider shall, subject to riparian rights, dedicate a right-of-way for storm drainage purposes, conforming substantially with the lines of any natural watercourse or channel, stream or creek that traverses the subdivision or partitions, or, at the option of the land divider, provide, by dedication, further and sufficient easement or construction, or both to dispose of the surface and storm waters. [Ord. 291 § 1, 2006; Ord. 215 § 45, 1994.]

17.25.100 Land for public purposes.

The planning commission may require the reservation for public acquisition, at a cost not to exceed acreage values in the area prior to subdivision, of appropriate areas within the subdivision for a period not to exceed one year, providing the city or another public agency has expressed an interest in acquiring those areas for a public purpose, and has given substantial assurance that positive steps will be taken in the reasonable future for the acquisition. [Ord. 291 § 1, 2006; Ord. 215 § 46, 1994.]

17.25.110 Unsuitable land.

The planning commission may refuse to approve a subdivision or partition when the only practical use which can be made of the property proposed to be subdivided or partitioned is a use prohibited by this code or law, or, if the property is deemed unhealthful or unfit for human habitation or occupancy, by the county or state health authorities. [Ord. 291 § 1, 2006; Ord. 215 § 47, 1994.]

17.25.120 Wetlands and areas subject to inundation.

The planning commission may, when it deems it necessary for the health, safety, or welfare of the present and future population of the area and necessary for conservation of water quality, drainage, and sanitary facilities, prohibit the subdivision or partition of any portion of the property which lies within the flood plain or wetlands of any stream, creek, estuary or drainage course. These areas shall be preserved from any and all destruction or damage resulting from clearing, grading, or dumping of earth, waste materials, or stumps, except as may be permitted by state or federal agencies with appropriate mitigation. [Ord. 291 § 1, 2006; Ord. 215 § 48, 1994.]

17.25.130 Solar access.

A. All subdivisions and partitions in applicable zones shall orient the lots so that a minimum of 80 percent of all buildable sites shall have a north-south dimension of 90 feet or more, and the front lot line shall be oriented within 30 degrees of a true east-west axis.

B. For the lots which meet the standard in subsection A of this section, they shall have a minimum distance of 45 feet from the adjacent sites to the north or south.

C. The development is exempt from subsections A and B of this section if one or more of the following conditions apply to the site:

1. Slopes of 20 percent or greater in a direction greater than 45 degrees, east or west of true south, based on a topographic survey by a licensed professional land surveyor.

2. The site or portion of the site for which the exemption is sought is within the shadow pattern of off-site features, such as, but not limited to, structures, topography, or vegetation, which will remain after development occurs on the site from which the shade is originating.

3. The development will be designed and built so that the long axis or wall of the structures will have unrestricted solar exposure to the south, in that they will be within 30 degrees of the true east-west axis. Such restrictions shall be enforceable through private covenants, including vegetation management provisions.

D. Any tree to be planted as part of a partition or subdivision shall be from a list of approved trees maintained by the city recorder, or will be certified by a licensed landscape contractor not to have a mature height exceeding the building height allowed in the hillside overlay zone.

Figure 17.25.130(1)

Figure 17.25.130(2)

Figure 17.25.130(3)

Figure 17.25.130(4)

Figure 17.25.130(5)

[Ord. 291 § 1, 2006; Ord. 215 § 49, 1994.]