Subdivisions shall be designed in conformance with the following standards of design. Deviations from these standards may be requested pursuant to section 9.74.140.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Subdivisions shall be designed and improved so as to be consistent with the adopted general plan and any applicable adopted specific plan and the objectives, policies, and general land uses and programs specified therein.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Subdivisions shall be designed in such a manner that all proposed lots comply with applicable zoning regulations in a manner that will permit the establishment of the proposed uses without further deviations or variances as stated in section 9.73.075.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Tentative map boundaries shall be drawn so as to include all of the area of all abutting parcels which are owned by the same property owner and proposed for boundary alteration. However, when any land is proposed to be divided in such a way that the subdivision will include a portion of such land, any portion with a contiguous gross area of five acres or more which is not proposed to be included within the subdivision shall be identified by reference on the tentative map as "not a part" or "remainder parcel."

(b)

A portion of a tentative parcel map may be designated as a remainder parcel for the purpose of an exception to the survey requirements, in compliance with the following provisions:

(1)

Any remainder parcel shall have a gross area of five acres or more.

(2)

Any remainder parcel so designated shall not be considered to be a building site.

(3)

Any remainder parcel so designated shall not be improved with any building or structure that is subject to the requirements of the Uniform Building Code.

(4)

The remainder parcel shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required.

(c)

Whenever a parcel of real property lies partially within a city and partially within unincorporated area any proposal to subdivide such real property shall be consistent with existing city boundaries. No lot or parcel, except proposed public or private street rights-of-way, shall be partially within a city and partially within unincorporated area. Any portion of such real property lying within any city or any county shall be included on the tentative map for the purpose of showing the remainder parcel, but any approving action on the tentative map by the City of Mission Viejo shall not be construed as approval of any design or improvements shown within the city or county.

(d)

Regardless of its size, no portion of any property shown on the latest equalized county assessment roll as a unit or contiguous units shall be excluded from within the boundaries of a subdivision for the purpose of avoiding dedication or improvement of any street, drainage or flood control facility.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Each lot or parcel being created by a subdivision shall be either numbered or lettered. If it is numbered, it must comply with the requirements of a building site as defined in the Development Code.

(b)

Lettered lots or parcels may not be building sites and need not comply with the requirements for a building site.

(c)

Lettered lots other than streets shall be labeled as to their intended use.

(d)

A numbered lot containing more than one zoning designation shall comply with requirements of the zoning district having the stricter requirements.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

If an existing or proposed arterial highway or transportation corridor as shown on the master plan of streets (a component of the Circulation Element of the Mission Viejo General Plan) is located so that any portion of such highway lies within or adjacent to a subdivision, the highway or corridor shall be shown on the map in a width and in an alignment corresponding to the master plan of streets, and the highway or corridor shall be designed in accordance with the standard plans or applicable specific plan adopted by the city council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Private streets shall be permitted, pursuant to conditions specified in the subdivision manual, only when the local agency finds that the occupants of the subdivision will be better served and the welfare of the general public will not be impaired thereby.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Subdivisions shall be designed so as to limit vehicular access to highways shown on the master plan of streets.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Subdivisions shall be designed in conformance with the standard plans adopted by the city council, except:

(a)

Streets in residential districts requiring a building site area of 15,000 square feet or more and where no sidewalks are to be installed, shall have a right-of-way that will provide a parkway width of at least four feet.

(b)

Private streets serving four or less parcels as access to a public street shall provide for a minimum pavement width of 16 feet within a minimum 20-foot-wide right-of-way.

(c)

Private streets serving five parcels or more as access to a public street shall provide for a minimum pavement width of 28 feet within a minimum 40-foot-wide right-of-way.

(d)

Streets in a subdivision which provides an approved alternate pedestrian circulation system shall have a right-of-way that will provide a minimum parkway width of at least four feet.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Dead-end streets shall be terminated by a turnaround having a diameter which will maintain a parkway width uniform with that of the street. No such dead-end street shall exceed a length of 1,000 feet measured along the center line thereof from the center point of the turnaround to its center line intersection with a through street.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Local street and highway grades shall be no less than 0.5 percent. Highway grades shall not exceed six percent and local street grades shall not exceed ten percent.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The centerline radii of curves on local streets or highways shall be not less than:

(a)

Two hundred fifty feet on local streets.

(b)

Five hundred seventy-five feet on collector streets.

(c)

One thousand four hundred feet on secondary highways shown on the master plan of streets.

(d)

One thousand eight hundred feet on primary highways.

(e)

Two thousand feet on major highways.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Local streets shall not exceed 1,000 feet in length without a significant change in alignment.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

All local street and highway corner cutoffs and corner radii shall be designed in conformance with the standard plans as adopted by the city council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Sidewalks shall be designed in accordance with the standard plans adopted by the city council and located as follows:

(1)

Along both sides of arterial highways.

(2)

Along all commercial and industrial frontage.

(3)

Along both sides of collector streets.

(4)

Along residential frontage where the required minimum building site area is less than 15,000 square feet and the lots have access to the street, except in those instances where an alternate pedestrian circulation system is proposed.

(5)

Along all streets leading directly to a school, a designated school bus stop or a park.

(6)

Where the sidewalk will provide a continuation or link between other sidewalks.

(b)

Additional pedestrian ways not abutting a street shall be provided when necessary for access to schools, recreation and other public areas. These pedestrian ways shall not be less than six feet in width.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Where the general plan or any officially adopted specific or precise plan designates a bikeway or equestrian trail as lying wholly or partially within any proposed subdivision, the necessary right-of-way for the bikeway or equestrian trail shall be shown on the map in compliance with such adopted plans, and bikeways shall be designed in accordance with the Design Criteria and Guidelines for Mission Viejo Bikeways.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Street lighting shall be provided along all arterial highways and local street in accordance with the illumination levels specified in the standard plans except as otherwise approved by the city engineer.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Utility lines, including but not limited to, electric, communications, street lighting and cable television, shall be required to be placed underground within any new, revised or reactivated residential subdivision. The subdivider is responsible for making the necessary arrangements with the utility companies for the installation of such facilities. For the purpose of this subsection, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed aboveground within the street right-of-way where sufficient right-of-way width exists so as not to pose a serious hazard to pedestrian traffic.

(b)

Required underground utility lines may be located in street or alley rights-of-way or along any lot line.

(c)

Aboveground installation of normally undergrounded utilities shall be permitted on a temporary basis when such utilities are required during construction; provided, however, that such utilities shall be removed or placed underground prior to the final exoneration of street improvement bonds.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

All lots intended for development shall be connected to a sanitary sewer system unless the Health Officer has determined that each lot is adequate to accept a private septic system.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Tentative maps shall illustrate the existing and proposed manner in which water drains onto, across and off of the land being subdivided, including the facilities and easements necessary to accommodate the drainage.

(b)

In the event a subdivider unnaturally concentrates or diverts surface water running onto adjacent land, the map shall illustrate the manner in which such water will be accepted and disposed of.

(c)

If an existing or proposed flood control channel, as shown on an officially adopted flood control plan, is located so that any portion of it lies within (or adjacent to) a subdivision, the channel shall be illustrated on the map as a lettered lot in a width and in an alignment corresponding to the flood control plan.

(d)

Where any lot is designed in such a manner that it will not drain with a minimum one percent grade directly to a street or common drainage facility, it shall be designed in a manner that will conform to the following criteria:

(1)

Lots shall be designed in such a manner that manmade slopes are not subject to sheet flow or concentrated runoff from either the same or an adjacent lot.

(2)

All water flowing down manmade slopes, are not subject to sheet flow or concentrated runoff from either the same or an adjacent lot.

(3)

All water flowing from one lot to or across another lot shall be within an approved drainage device located within a properly executed easement, where appropriate.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

This section does not apply to manmade slopes five feet in height or less.

(b)

Manmade slopes shall be designed so that they can be conveniently maintained so as to minimize erosion, slope failure and unsightly conditions.

(c)

All manmade slopes shall be shown on tentative maps and shall be classified, labeled and designed as follows:

Type "A": Those proposed to be maintained by a public agency or by a group, such as a homeowners' association, and which are located either adjacent to an arterial highway or within a park, greenbelt, or other public or common open space area.

Type "B": Those proposed to be maintained by a group, such as a homeowners' association, and which are located within or adjacent to individual lots and which are not within a park, greenbelt, or other public or common open space area.

Type "C": Those proposed to be maintained by individuals and which are located within individual lots in such a manner that they are inappropriate for maintenance by a group such as a homeowners' association.

(d)

Manmade slopes shall be designed to resemble natural terrain where feasible, with a minimum of long, flat, inclined plane surfaces and acute angles.

(e)

Manmade slopes shall be no steeper than two feet horizontal to one foot vertical.

(f)

The maximum height of manmade slopes in excess of (steeper than) five feet horizontal to one foot vertical shall be as follows:

Type "A": No maximum.

Type "B": Thirty-five feet.

Type "C": Twenty feet.

(g)

Manmade slopes shall not be constructed one on top of another or combined in such a manner so that they exceed the maximum heights specified in subsection (e) above. However, this limitation shall not apply to adjacent slopes on land abutting the subdivision, provided there is a visual and physical break of at least ten usable feet, exclusive of drainage facilities, between the top of the lower slope and the toe of the upper slope.

(h)

Lettered lots shall not include Type "C" slopes, unless such slopes will be directly visible from the probable building pad on the lot.

(i)

Automatic irrigation systems shall be incorporated into the design of Type "A" and Type "B" slopes. An irrigation system connected to the water system serving the main use of the lot shall be incorporated into the design of Type "C" slopes.

(j)

The design of manmade slopes shall include landscaping in accordance with the requirements of section 9.74.115 of the Subdivision Code.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Local parks shall be shown on the tentative map as required by chapter 9.85 (Local Park Code) and in a manner consistent with the general plan.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The design of the areas listed below shall include appropriate landscaping for aesthetic, noise suppression, fire protection and/or erosion-control purposes:

(a)

Manmade slopes greater than five feet in height.

(b)

Common areas.

(c)

Roadway medians and parkway areas.

(d)

Lots containing existing significant trees or other plants proposed to be preserved.

(e)

Fuel breaks.

(f)

Other open space areas.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Any proposed subdivision fronting upon a public waterway, river or stream shall be designed so as to provide reasonable public access by fee or easement from a public highway to and along that portion of the bank of the river or stream bordering or lying within the proposed subdivision. The extent, width and character of the public easement shall be reasonably defined to achieve reasonable public use of the public waterway, river or stream consistent with public safety.

(b)

The governmental entity to which the access route will be offered for dedication shall be indicated on the map.

(c)

In determining what is reasonable public access, the following factors shall be considered:

(1)

That the easement may be for a foot trail, bicycle trail or horse trail.

(2)

The size of the subdivision.

(3)

The type of riverbank and the various appropriate recreation, educational and scientific uses, including, but not limited to, swimming, boating, diving, fishing, water skiing, scientific collection and teaching.

(4)

The likelihood of trespass on private property and reasonable means of avoiding such trespass.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Any proposed subdivision fronting upon any lake or reservoir which is owned in part or entirely by a public agency shall be designed so as to provide reasonable public access by fee or easement from a public highway to the water of the lake or reservoir upon which the subdivision borders, either within the subdivision or a reasonable distance from the subdivision.

(b)

The governmental entity to which the access route will be offered for dedication shall be indicated on the map.

(c)

In determining what is reasonable public access, the following factors shall be considered:

(1)

That access may be by highway, foot trail, bike trail, horse trail, or any other means of travel.

(2)

The size of the subdivision.

(3)

The type of shoreline and the various appropriate recreational, educational and scientific uses, including, but not limited to swimming, diving, boating, fishing, water skiing, scientific explorations and teaching.

(4)

The likelihood of trespass on private property and reasonable means of avoiding such trespass.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Any subdivision proposed to be located in an area shown in the public safety element of the city's general plan to be a high or extreme fire hazard area shall provide appropriate fire protection by means of firebreaks, fuel modification programs, access roads, sufficient water supply, landscaping and open spaces, and such other methods that the fire marshal has determined will insure the public health, safety and welfare of the future occupants of the subdivision and the adjacent area.

(b)

The design of any required fuel modification program shall include landscape architectural planning encompassing visual quality standards, watershed impact and erosion control, and wildlife impact and other design features described in the fire hazard reduction design criteria. Said program shall include provisions for landscape architectural construction observation, inspection and maintenance.

(c)

The cost of the design and implementation of any fuel modification program shall be the responsibility of the subdivider.

(d)

A method or procedure for assuring continued maintenance of any required fuel modification program shall be provided by the subdivider and approved by the fire marshal and the city engineer.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Areas proposed to be subdivided which are known to be dangerous by reason of geological conditions, unstable subsurface conditions, groundwater or seepage conditions, flood hazard, inundation or erosion by the ocean, or any other dangerous conditions, shall be approved for subdivision only when the subdivision committee finds that such conditions or hazards are to be removed or that appropriate measures or controls will be applied which will assure adequate protection to the subject property and to surrounding uses and improvements.

(b)

Areas proposed for subdivision within the 100-year floodplain as identified shall provide for flood protection meeting the criteria set forth in the Development Code. Flood elevation data adequate for such determination shall be provided for all subdivision proposals adjacent to or encroaching into 100-year floodplain.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

The subdivision committee may approve tentative maps which deviate from the standards of design contained in the following sections:

9.74.025. Lots/parcels.
9.74.030. Arterial highways.
9.74.040. Restricted access to highways.
9.74.045. Street widths.
9.74.050. Dead-end or cul-de-sac streets.
9.74.055. Local street and highway grades.
9.74.060. Curved local street and highway radii.
9.74.070. Local street and highway corner cutoffs and corner radii.
9.74.075. Sidewalks and pedestrian ways.
9.74.080. Bicycle and equestrian trails.
9.74.085. Street lighting.
9.74.090. Underground utility lines.
9.74.105. Manmade slopes.
9.74.115. Landscaping and screening.
9.74.130. Fire protection.

(b)

The deviations from the standards of design contained in sections listed in subsection (a) shall be identified by a note on the face of the tentative map, and the subdivider shall submit evidence of justification for each deviation.

(c)

Special circumstances which may be cited to justify a deviation from the standards of design listed in subsection (a) include, but are not limited to, the character of the community, alternative means of pedestrian circulation, environmental considerations, physical constraints, existing nearby uses and a limited amount of ultimate traffic.

(d)

The planning commission shall take specific action on each requested deviation. Deviations not specifically approved shall be considered to be disapproved.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Subdivision proposals in floodplain areas shall comply chapter 9.100 (Floodplain Management) of the Mission Viejo Municipal Code and the following:

(a)

All buildings shall be protected from the 100-year flood.

(b)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(c)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(d)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

(e)

Base flood elevation data shall be provided for subdivision proposals and other proposed development.

(Ord. No. 98-193, §§ 1—4, 10-19-98)