PRELIMINARY PLANNING CONSIDERATIONS

PRELIMINARY PLANNING CONSIDERATIONS

The local jurisdiction, usually through its planning department, must find that a proposed subdivision is in
conformance with the applicable general and specific plans for the area. The local agency must deny approval
of a subdivision project if it finds that the site is not physically suitable for the proposed development. Water,
drainage, soil and sewerage problems can limit the feasibility of a subdivision.

Natural Features

The subdivider and local agency must consider the impact of the proposed subdivision on trees, streams, lakes,
ponds and views. Potential for significant adverse effects on the environment will occasion review of the
project under the Environmental Quality Act.

Soils Report

A preliminary soils report, prepared by a registered California civil engineer and based upon adequate test
borings, is required for every subdivision for which a final map is required, and may be required by local
ordinance for other subdivisions. The law does provide for a waiver by the city or county under certain
conditions. When a soils report has been prepared, that fact should be noted on the final map with the date of
the report and the name of the engineer.

Neighboring Property

The local agency must disapprove a subdivision if it finds that the subdivision or the improvements are likely to
cause serious public health problems. Undesirable surroundings can also be detrimental to the success of a new
residential subdivision. If the adjacent site is a residential development, planners must study its general
character and design. The design characteristics, building techniques, and street layout should blend and be
compatible with those planned for the new subdivision. Noxious industrial uses, 24-hour factory operations,
noises, fumes, railroad yards, and similar factors render a residential subdivision on the adjoining property
highly undesirable. Cemeteries, penal institutions, mental institutions, dairy farms, fuel storage tanks, and many
other types of land use may also render a neighboring site undesirable for residential development.

The developer should check with the local planning commission, the California Department of Transportation,
the Federal Aviation Agency, and the California Division of Aeronautics regarding location of proposed
industries, factories, freeways, or airport facilities.

Drainage

Local jurisdictions have adopted master plans for drainage and requirements for grading of subdivisions and
installation of drainage facilities to protect purchasers from the hazards of uncontrolled runoff of storm waters,
erosion, deposits of silt and debris, and flooding. The developer must consider the cost and feasibility of these
measures.

The local agency may issue a flood hazard and drainage report on any subdivision proposed within its
jurisdiction.

Flood Hazard

When a flood hazard is found to exist, the flood hazard report will describe the degree and the frequency of
flood hazard using the following terminology:

1. Degree of Hazard

Inundation: Ponded water, or water in motion, of sufficient depth to damage property due to the mere
presence of water or the depositing of silt.

Flood: Flowing water having sufficient velocity to transport or deposit debris, to scour the surface soil, or
to dislodge or damage buildings. It also indicates erosion of the banks of watercourses.

Possible Flood: Possible flood hazard of uncertain degree.

Sheet Overflow: Overflow of water in minor depths, either quiescent or flowing, at velocities less than
those necessary to produce serious scour. This type of overflow is a nuisance rather than a menace to the
property affected.

Ponding of Local Storm Water: Standing water in local depressions. Originates on or in the vicinity of the
property and due to the condition of the ground is unable to reach a street or drainage course.

2. Frequency

Frequent: Flooding which may occur, on average, more than once in 10 years.

Infrequent: Flooding which may occur once in 10 years or more.

Remote: Flooding which is dependent upon conditions which do not lend themselves to frequency analysis,
such as break of levee, obstruction of a channel, etc.

Alquist-Priolo Earthquake Fault Zoning Act

This law (Public Resources Code Sections 2621, et seq.) is designed to control development in the vicinity of
hazardous earthquake faults.

On official maps, the State Geologist delineates earthquake fault zones around traces of potentially active faults.
The zones are usually one quarter of a mile in width.

The maps may be consulted at the California Department of Conservation or at the county assessor or
recorder’s office.

Real estate licensees who are involved in property transactions located near special studies zones should obtain
information about that zone.

Section 2621.9 of the Public Resources Code provides that any person who is acting as an agent for a seller of
real property which is located within a delineated earthquake fault zone, or the seller if acting without an agent,
shall disclose to any prospective purchaser the fact that the property is located within a delineated earthquake
fault zone.

The developer of a subdivision lying within a delineated earthquake fault zone and subject to the Subdivision
Map Act must obtain special approval by a city or county in accordance with policies and criteria established by
the State Mining and Geology Board.

Sewage Disposal

County and/or city engineers will determine if it is feasible to connect the proposed subdivision to existing
sewage facilities. This will depend mainly on the capacity, location, and the type of disposal used. If there is no
existing system, the developer must plan for an alternative: typically septic tank systems approved by the local
health officer or by the State Department of Health Services if there is no health officer. The subdivision
engineer must conduct careful soil analysis and percolation tests.

Water Supply

For a residential subdivision, the subdivider must ascertain the feasibility of connecting to an existing public
water supply. Normally, the utility company determines the required size of connections to supply an area and
to provide for future extensions.

The developer must consider the quantity of water needed for a given site, the population served and average
daily use for all purposes, along with maintenance of pressure at fire hydrants.

If there is no local water company, the subdivider must investigate alternate sources. The creation of a special
water district is one possibility.

Water quality must meet the standard of the local health department or the State Department of Health Services.

In response to concern for the quality, conservation, control, and utilization of the state’s water resources, the
Legislature enacted the Porter-Cologne Water Quality Control Act (Water Code Sections 13000 et seq.), which
is administered by nine regional control boards within the State Water Quality Control Board. The following
provision (Section 13266 of the Water Code) is of particular importance to subdividers:

Pursuant to such regulations as the regional board may prescribe, each city, county, or city and county
shall notify the regional board of the filing of a tentative subdivision map, or of any application for a
building permit which may involve the discharge of waste, other than discharges into a community
sewer system and discharges from dwellings involving five-family units or less.

Other Utilities

The developer must arrange telephone, gas, and electricity service to the site.

The developer should consult with the city or county engineer and with the power company regarding the
necessity or desirability of a street lighting system.

The Public Utilities Commission has mandated that undergrounding be used for all extensions of electricity and
telephone service in residential subdivisions.

Dedication of Streets and Easements

The local government may require the dedication of sufficient land in the subdivision for streets, alleys, public
utility easements, drainage easements, access easements (e.g., for public access to adjacent shoreline) and
bicycle paths.

Public Parks and Recreational Facilities

The governing body of a city or county may enact ordinances requiring the subdivider to make contributions for
public parks or recreational facilities. The contributions may be in the form of land or money. If the subdivision
contains fifty or fewer parcels or units, the subdivider may be required to pay a dollar amount proportionate to
the number of parcels in the proposed tract.

If there are more than fifty parcels in the subdivision, the local ordinance may require dedication of a portion of
the property for public use as a park or other recreational facility. There is no provision for reimbursement to
the subdivider for the cost of acquisition or improvements to the parcel or parcels dedicated for public use.
Industrial subdivisions are exempt from these requirements.

Dedication of School Sites

Under the provisions of the Map Act and the School Facilities Act, the local ordinance may require dedication
of land for public schools. The requirement for dedication must be imposed at the time of approval of the
tentative map. The school district must, within 30 days after the requirement has been imposed, agree to accept
the dedication. Absent timely agreement, the requirement terminates automatically.

The school district accepting dedication of the land pays for it at its original cost to the subdivider, plus the sum
of the cost of improvements, interest, taxes and any other costs which had been incurred in maintenance of the
site.

An ordinance of this nature is applicable only to a subdivider who has owned the land for less than ten years
prior to filing a tentative map.

Airport within Subdivision

A developer may consider including aircraft landing facilities, particularly in a remote planned development.
Under certain conditions, the Division of Aeronautics may not require a permit but the facility must still meet
certain minimum standards. The developer should contact the Division of Aeronautics at the beginning of
project planning.

Preapplication Conferences

The developer and the planning commission technical staff may consider the above items in conferences before
preparation of a tentative map. Obviously, a coordinated beginning will save time in securing subdivision
approval and may avoid costly changes in the subdivision set-up.