HomeMy WebLinkAboutOrd 01-91 SubdivisionORDINANCE NO. 01-91
AN ORDINANCE OF THE CITY OF DUBLIN
Enacting a Subdivision Ordinance
and Superseding Subdivision Ordinance as Adopted
by Ordinance No. 13
The City Council of the City of Dublin does ordain as follows:
Section 1 Chapter 1 is hereby added to Title 8 of the
Dublin Municipal Code to read as follows:
CITY OF DUBLIN SUBDIVISION ORDINANCE
CHAPTER 1 OF TITLE 8
CITY OF DUBLIN MUNICIPAL CODE
Article 1
General Provisions
8-1.0. Title. This Ordinance shall be called the "Subdivision Ordinance of
the City of Dublin."
8-1.1. Purpose and Authority. This Ordinance shall regulate subdivision
within the incorporated area of the City of Dublin pursuant to the Subdivision Map
Act of the State of California.
8-1.2. Intent. It is the intent of this Chapter to promote the public
health, safety, and general welfare; to assure in the division of land consistency
with the policies of the City of Dublin General Plan, any applicable Specific Plan
of the City of Dublin, and with the intent and provisions of the City of Dublin
Zoning Ordinance; to coordinate lot design, street patterns, rights-of-way,
utilities and public facilities with community and neighborhood plans; to assure
that areas dedicated for public purposes will be properly improved initially so as
not to be a future burden upon the community; to preserve natural resources and
prevent environmental damage; to maintain suitable standards to insure adequate,
safe building sites; and, to prevent hazard to life and property. It is the
intent of this Ordinance to comply in every regards to the latest edition of the
State of California's Subdivision Map Act. If any provision of this Ordinance is
in conflict with the Subdivision Map Act, the provisions in the Map Act will
prevail.
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8-1.3. General Responsibilities. In addition to the specific responsi-
bilities set forth herein, the following agencies and officers, or their duly
authorized representatives, shall have the general responsibilities hereby
designated.
(a) The Planning Commission is the Advisory Agency for the approval or
disapproval of Tentative Parcel Maps and Tentative Subdivision Maps.
The Planning Director or his designated representative, is the Advisory
Agency for any other subdivision matters and is responsible for
analyzing the design and coordinating the processing of proposed
subdivisions within the City departments and public agencies and, upon
appeal, reporting thereon to the City Council.
(b) The City Engineer, as specified in the Subdivision Map Act, is
responsible for determining if proposedsubdivisions comply with
provisions of the Subdivision Map Act and this Chapter, reporting
whether the proposed improvements are consistent with the design and
improvement standards specified or referred to in this Chapter, for
the inspection and ultimate approval of all such improvements, and
for making recommendations on the granting of variances under
Section 8-3.10.
(c) The County Health Officer is responsible for establishing requirements
for matters affecting public health.
(d) The Building Official is responsible for enforcing the provisions of
this Chapter, except for such matters that are in the jurisdiction of
the City Engineer. For such purpose, the Building Official shall have
the power to issue citations, cease and desist orders and other
appropriate orders involving violations of provisions of this Chapter.
(e) The Dublin.San Ramon Services District (DSRSD) is responsible for
establishing and enforcing requirements for water supply, water
recycling, wastewater collection, wastewater treatment, and wastewater
disposal. This responsibility includes but is not limited to ensuring
the quality of the necessary infrastructure to provide these services,
the operation and maintenance of these facilities, and the inspection
of all the construction of these facilities which has the pontential to
impact the services provided.
8-1.4. Compliance.
(a) No real property, or portion thereof, shown on the latest equalized
County assessment roll as a unit or 'contiguous units and lying wholly
or partially within the City of Dublin shall be divided into two or more
parcels for the purpose of sale, lease or financing, whether immediate
or future, unless prior thereto a Tentative Map is acted upon and a
Final Map or Parcel Map has been filed in accordance with the provisions
of this Ordinance, except for the cases of subdivision for which the
Advisory Agency waives the requirement for filing a Parcel Map based
on the findings: (1) that the proposed subdivision complies with
requirements as to area, improvement and design, flood and water
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drainage control, appropriate improved public roads, sanitary disposal
facilities, water supply availability, environmental protection, and
other requirements of this chapter; (2) that waiving the Parcel Map will
not be materially detrimental to the public welfare; and (3) that filing
of a Parcel Map would impose an unusual hardship to the subdivider.
(4) Ail adopted ultimate road right-of-way fronting or through the
parcels has been dedicated to or purchased by the City.
(b) A Tentative Map is required but no Parcel Map or Final Map is required
for the following cases of subdivision:
(1) The subdivision results in parcels that each are of an area of
forty (40) acres or more or are quarter-quarter sections.
(2) The subdivision is for the purpose of leasing commercially or
industrially zoned land for a period not exceeding five years.
(3) The subdivision is for the purpose of conveying one or more
contiguous recorded parcels which were separate, legal building
sites when acquired by the property owner.
(4) The subdivision is for the purpose of leasing for a short term
(terminable by either party on not more than 30 days' notice in
writing) of a portion of the operating right-of-way of a railroad
corporation defined as such by Section 230 of the Public Utilities
Code.
(5) The subdivision is for conveyance of land to a public agency
or public utility, or to a subsidiary of a public utility for
conveyance to such public utility for rights-of-way, unless a
showing is made in individual cases, upon substantial evidence,
that public policy necessitates such a Parcel Map.
(c) No person shall sell or lease or contract to sell or lease any
subdivision, or any part thereof, until a Final Map or Parcel Map
thereof in full compliance with the provisions of this Ordinance has
been filed in the office of the Recorder of Alameda County, except for
the cases listed in (b) above for which only a Tentative Map need be
acted upon.
(d) Any deed of conveyance, sale or contract to sell made contrary to the
provisions of this Ordinance is voidable to the extent allowable and in
the same manner provided for violation of the Subdivision Map Act.
(e) Any sale, contract to sell, or deed of conveyance made contrary to the
provisions of this Ordinance is a misdemeanor and is punishable by a
fine of not less than one hundred dollars and not more than one thousand
dollars, or imprisonment in the County jail for a period of not more
than six months, or both.
(f) At such time as the Building Official becomes aware of a land division
in violation of the provisions of this Chapter, he shall record a notice
of intention to record a notice of such violation in the office of the
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County Recorder of Alameda County, describing the land so divided,
naming the owners thereof, and describing the violation, and stating
that an opportunity will be given to the owner to present evidence.
A copy of such notice will be mailed to the owner. The notice shall
specify a time, date, and place at which the owner may present evidence
to the Advisory Agency why such notice should not be recorded. If,
after the owner has presented evidence, it is determined that there has
been no violation, the Building Official shall record a release of the
notice of intention to record a notice of violation. If, however, after
the owner has presented evidence, the Advisory Agency determines that
the property has in fact been illegally divided, or if within 60 days of
receipt of such copy the owner fails to inform the local agency of his
objection to recording the notice of violation, a notice of violation
shall be recorded with the County Recorder. The notice of intention to
record a notice of violation and the notice of violation, when recorded,
shall be deemed to be constructive notice of the violation to all
successors in interest in such property. The County recorder shall
index the names of the fee owners in the general index. Nothing in
this section shall be deemed to require such recording as a condition
precedented to the enforceability of any other provision of this
Chapter.
(g) Pursuant to the request of any person owning the real property, or
purchasers of the property under a contract of sale, the Planning
Director and City Engineer, upon the determination that the property
complies with provisions of the Subdivision Map Act and this Chapter,
shall record a Certificate of Compliance. If the property does not
comply, conditions may be applied as would have been applicable to the
subdivision creating the property. Upon applying such conditions, the
Planning Director shall record a conditional Certificate of Compliance.
Such certificate shall serve as notice to the property owner or vendee
who has applied for the certificate pursuant to this section, a grantee
of the property owner, or any subsequent transferee or assignee of the
property that the fulfillment and implementation of such conditions
shall be required prior to subsequent issuance of a permit or other
grant of approval for development of the property. Compliance with such
conditions is not required until such time as a permit or other grant of
approval for development of such property is issued by the local agency.
(h) Neither the approval nor conditional approval of any Tentative Map shall
constitute or waive compliance with any other applicable provision of
the City of Dublin Ordinance Code, nor shall any such approval authorize
or be deemed to authorize a violation or failure to comply with other
applicable provisions of said Code.
8-1.5. Definitions
(a) Ail words and terms used in this Chapter shall have the same meaning
as defined and used in the Subdivision Map Act, except as expressly
defined herein.
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(b) "Subdivider" means a person, firm, corporation, partnership, or
association, who proposes to divide, divides or causes to be divided
real property into a subdivision for himself or for others except that
employees and consultants of such persons or entities, acting in such
capacity, are not "subdividers."
(c) "Map" means either Parcel Map or Final Map.
(d) "Developable Acreage" means the acreage that is being developed as part
of the subdivision in question as shown on the approved Tentative Map.
It shall include the areas lotted for residential uses including
streets but does not include open space parcels such as creeks,
ridgelines, and other areas not allowed to be built upon by the General
Plan or other City policies.
(e) A "Vesting Tentative Map" shall mean a "Tentative Map" for a resi-
dential subdivision, as defined in the Dublin Subdivision Ordinance,
that shall have printed conspicuously on its face the words "Vesting
Tentative Map" at the time it is filed in accordance with Sec. 8-10.4,
and is thereafter processed in accordance with the provisions hereof.
8-1.6. Validity. If any section, subsection, sentence, clause or phrase
of this Ordinance is for any reason held to be invalid or unconstitutional by the
decision of any Court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council of the
City of Dublin, County of Alameda, State of California, hereby declares that it
would have passed this Ordinance and each section, subsection, sentence, clause
and phrase thereof, irrespective of the fact that any one or more section,
subsections, clauses or phrases be declared invalid or unconstitutional.
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Article 2
Tentative Maps
8-2.0. Persons Authorized to Prepare. Ail Tentative Maps of subdivisons of
five or more lots shall be prepared by a registered Civil Engineer or licensed
Land Surveyor. All other Tentative Maps may be prepared by any person.
8-2.1. Final Map or Parcel Map Number. The Final Map or Parcel Map number
shall be assigned by and obtained from the County Recorder.
8-2.2. Filing. The time of filing shall be the time at which an
application, the prescribed number of copies of the Tentative Map in the form
required and the filing fee are received by the Planning Director.
8-2.3. Form. The form of the Tentative Map and the number of copies
required for filing shall be prescribed by the Planning Director. (See
"Subdivision Map Submittal Requirement" hand-out.) The Planning Director may
authorize deletion or reduction of map requirements on the determination that
the map contains sufficient information to be evaluated adequately and preparing
it in the prescribed form would impose an unusual hardship upon the land divider.
8-2.4. Data and Material to Accompany Filing. For any subdivision into five
or more lots and, when required by the Advisory Agency, for any other subdivision,
the Tentative Map submittal shall include:
(a) A preliminary grading plan prepared by a Civil Engineer registered by
the State of California.
(b) A preliminary soils investigation report prepared by a Soils Engineer
who is a Civil Engineer registered by the State of California. This
report shall be submitted to the City Engineer for review. The City
Engineer may review the report and may require additional information
or may reject the report if it is found to be incomplete, inaccurate,
or unsatisfactory.
Said data and material shall be consistent with requirements and speci-
fications of the Dublin Grading Ordinance. Additional reports and data
may be required by the Planning Director when deemed necessary due to
scale of the proposed subdivision or presence of potential hazardous or
environmentally sensitive conditions.
(c) A report evaluating the geological conditions present, prepared by a
Geologist certified in Engineering Geology by the State of California.
(d) A "will serve" letter from the agency proposed to provide sewer and
water service to the proposed subdivision.
8-2.41. Hearing. The Advisory Agency shall conduct a noticed public hearing
on all subdivisions. Hearing procedures shall be established by the Advisory
Agency.
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8-2.42. Public Notice. The Advisory Agency shall give a public notice of
the time and place of hearing on a subdivision by posting notices not less than
ten (10) days prior to the initial hearing on the matter. The notice shall
include a brief description of the location and design of the subdivision.
Notices shall be placed not more than 500 feet apart along each street abutting
the proposed subdivision extending at least 300 feet beyond the subdivision. In
event of an appeal, this form of public notice shall be given in addition to that
required under 8-2.7.
8-2.5. Action: Subdivision. The Advisory Agency shall approve, condition-
ally approve, or disapprove Tentative Maps of subdivisions within 50 days after
certification of the environmental impact report, adoption of a negative
declaration, or a determination by the Planning Director that the project is
exempt from the requirements of Division 13 (commencing with Section 21000)
of the Public Resources Code. Conditions of approval may include, but are not
limited to dedication and improvement of streets, alleys, including access rights
and abutter's rights, drainage, public utility easements and other public
easements.
8-2.6. Conformance to City of Dublin Ordinance. No Tentative Map shall be
approved which is not in conformance with the provisions of this Chapter, the City
of Dublin Zoning Ordinance and any other Ordinance of the City of Dublin. The
applicant shall be responsible for attaining conformance with the Tentative Map
requirements of other agencies.
8-2.7. Appeals.
(a) The City Council shall be the Appeal Board.
(b) As used herein, the term "interested person adversely affected" means
any City department, public agency, public utility, or any person
claiming that the decision is likely to result in personal economic
loss or damage to his property.
(c) Within fifteen (15) calendar days after action, the subdivider may
appeal any action of the Advisory Agency to the City Council. Appeals
to the City Council shall be submitted in writing to the City Clerk.
Said appeals shall reference the Tentative Map number and shall state
fully the nature and extent of the appeal and the reasons why it is
taken. Such appeal and the hearing thereon shall be conducted in the
manner provided by Government Code Section 66452.5(a) and (b) and
subsection (f) of this section.
(d) Any interested person adversely affected by a decision of the Advisory
Agency may file a complaint on a form to be provided by the City
Planning Department with the City Clerk concerning such decision.
Any such complaint shall be filed with the Clerk within fifteen (15)
calendar days after the action which is the subject of the complaint.
The Appeal Board may, in its discretion, reject the complaint within
fifteen (15) calendar days or set the matter for public hearing. If
the Board rejects the complaint, the complainant shall be notified of
such action by the City Clerk.
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(e) Any interested person may appeal any decision of the Advisory Agency
relative to the provisions of Government Code Sections 66473.5, 66474,
66474.1 and 66474.6 to the City Council. Such appeal and the hearing
thereon shall be conducted in the manner provided by Government Code
Section 66452.5(a) and (b), and the subsection (f) of this section.
(f) Whenever a public hearing is held pursuant to this section, it shall be
conducted as required by Government Code Section 66451.3. Notice of the
time and place thereof, and a general description of the location of the
proposed subdivision shall be given at least ten (10) days before the
hearing by publication once in a newspaper of general circulation in the
City of Dublin. Any interested person may appear at such hearing and
shall be heard.
8-2.8. Time for Action or Report. Any of the time limits for action or
report may be extended by mutual consent of the subdivider and the Advisory
Agency. Failure of the Advisory Agency or appeal board to act within the time
limits specified herein or in the Subdivision Map Act shall be remedied as speci-
fied in the Subdivision Map Act for inaction on Tentative Maps of subdivisions.
8-2.9. Effective Period. The approval of a Tentative Map shall be effective
for two and one half years, or for such shorter period as may be specified by
the Advisory Agency in approving the Tentative Map. Upon appli-cation of the
subdivider during the effective period, an extension of the effective period up
to three years may be granted or conditionally granted by the Planning Commission,
which is designated the Advisory Agency for this purpose, upon the determination
that circumstances under which the map was approved have not changed to the extent
which would warrant a change in the design or improvement of the Tentative Map.
Expiration dates of approved Tentative Maps may be extended pursuant to the'
provisions of Government Code Sec. 66452.6(a).
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Article 3
Design
8-3.0. General Requirements. In addition to meeting the specific
requirements of the article, the design of the subdivision shall, to the
satisfaction of the Advisory Agency, conform to the land use and circulation
policies of the City of Dublin General Plan and its component elements and any
other officially adopted specific plan or land development policy, and shall
conform to the Gity of Dublin Zoning Ordinance, officially adopted standards for
streets and rOads, grading, erosion and siltation control, seismic safety, and
design standards adopted by the utility, fire protection, sanitary and flood
control districts in which the land division is located. The size and alignment
of streets and walks and the location and configuration of sites for lots,
schools, parks, and similar facilities shall be coordinated with the anticipated
requirements of the future population, the physical characteristics of the land,
and the environmental requirements of the surrounding community to produce an
optimum human habitat.
8-3.1. Street Alignment. The center lines of all streets and highways which
are to be extended shall be the continuation of the center lines of existing
streets and highways in adjacent and contiguous territory. In cases in which the
straight continuations are not desirable, the center lines may be continued by
curves tangent at the intersection with the boundaries of the proposed subdivision
to the center lines of existing streets or highways.
8-3.2. Street and Alley Grades and Widths:
(a) Grades of all streets and alleys shall be established so that the
subdivision is properly drained and shall conform as nearly as possible
to the natural topography of the property. Minimum street grade is 1%.
Maximum street grade is 12%.
(b) Where a subdivision adjoins acreage, provision may be made for
reasonable future access to the acreage.
(c) The widths of streets shall be based on the width of streets of which
they are a continuation, but shall not be less than those shown on
the City's Standard Plans unless otherwise approved under a planned
development zoning or established right-of-way lines (Chapter 7.68).
(d) Minimum right-of-way widths of streets which are to be accepted into
the City Road System shall be as shown on the City's Standard Plans
or established right-of-way lines. Easements for construction and
maintenance of slopes in excavation or embankments outside the limits
of street dedication may be required where topographical conditions
make easements desirable.
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8-3.3. Blocks.
(a) Blocks shall not exceed one thousand three hundred and fifty (1,350)
feet in length unless the previous adjacent layout or topographical
conditions or the special design of the particular subdivision justify
a variation from the requirement. Blocks in excess of 1,350 feet shall
be provided adjacent to main thoroughfares in order to reduce the number
of intersections.
(b) At street intersections the block corners shall be rounded at the
property line by a curve to provide at least one hundred (100) feet
sight distance diagonally between two (2) vehicles approaching the
corner on intersecting street center lines; the radius of the curve
shall be not less than twenty (20) feet.
8-3.4. Lots.
(a) Lots shall be designed to meet or exceed the minimum standard for area,
median lot width, and effective lot frontage specified for the City
of Dublin Zoning Ordinance for the zoning district in which the
subdivision is located.
(b) Lots, and the grading thereof, shall be of a size and shape to accommo-
date the uses that reasonably could be expected to occur under existing
zoning with consideration given to the limitations of topography and
soil conditions, and the need for providing access, privacy and
preserving natural features of significance.
8-3.5. Grading. Subdivision grading shall conform with the intent, general
requirements and lot design requirements of this chapter, shall be consistent with
recommendations contained in the soils-geologic investigation report, and shall
specifically conform with all design standards and criteria contained in the City
of Dublin Grading Ordinance. Ail such design standards and criteria are
incorporated herein by reference.
8-3.6. Erosion and Siltation Gontrol. Erosion and siltation control
facilities shall control and contain erosion-caused silt deposits and provide for
the safe discharge of silt-free storm waters into existing storm drain facilities
and natural water courses.
(a) Slopes. The faces of cut and fill slopes shall be prepared and
maintained to control against erosion.
(b) Debris Basins. Debris basins shall be installed whenever and wherever
necessary to protect the subdivision and the properties below the
subdivision from erosion and siltation.
(c) Temporary Debris Basins. Temporary debris basins shall be installed
prior to commencing grading operation and shall be maintained until
the erosion and siltation control measures have been installed and are
fully effective.
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(d) Erosion and siltation control measures shall be consistent with the
recommendations contained in the preliminary soils investigation report
and'the report evaluating the geological conditions present.
8-3.7. Flood Hazards. Where a subdivision is proposed which lies partially
or totally within an area designated on a map prepared by a governmental agency as
having'a special flood hazard, the subdivider shall make provisions to minimize
damage to structures and improvements, including those of public utilities. The
subdivider shall provide adequate drainage to reduce exposure to such hazards and
shall design water supply and sanitary sewage systems to minimize infiltration
of flood waters into the systems and prevent discharges of sewage and other
contaminants into flood waters.
8-3.8. Dedications. The Advisory Agency may require dedications or
offers of dedication for any purpose specified in Article 3 of Chapter 4 of the
Subdivision Map Act subject to the procedures and qualifications specified herein.
8-3.9. Reservations.
(a) General. As a condition of approval of a Tentative Map, the subdivider
shall reserve sites, appropriate in area and location, for parks,
recreational facilities, fire stations, libraries, water, water
recycling and wastewater facilities, or other public uses according
to the standards and formula contained in this section.
(b) Standards for Reservation of Land. Where a park, recreational facility,
fire station, library, water, water recycling and wastewater facilities,
or other public use is shown on the General Plan or an adopted specific
plan, the subdivider may be required by the City to reserve sites as so
determined by the City in accordance with the policies and standards
contained in the General Plan or the adopted specific plan. The
reserved area must be of such size and shape as to permit the balance
of the property within which the reservation is located to develop in an
orderly and efficient manner. The amount of land to be reserved shall
not make development of the remaining land held by the subdivider
economically infeasible. The reserved area shall be consistent with the
General Plan or the adopted Specific plan and shall be in such multiples
of streets and parcels as to permit an efficient division of the
reserved area in the event that it is not acquired within the prescribed
period.
(c) Procedure. The public agency for whose benefit an area has been
reserved shall, at the time of approval of the Final Map or Parcel Map,
enter into a binding agreement to acquire such reserved area within two
(2) years after the completion and acceptance of all improvements,
unless the period of time is extended by mutual agreement.
(d) Payment to Subdivider. The purchase price for the reserved area shall
be the market value thereof at the time of the filing of the Tentative
Map plus the taxes against the reserved area from the date of the
reservation and any other costs incurred by the subdivider in the
maintenance of the reserved area, including interest costs incurred
on any loan covering the reserved area.
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(e) Termination. If the public agency for whose benefit an area has been
reserved does not enter into a binding agreement in accordance with
this section, the reservation of the area shall automatically
terminate.
8-3.10. Advisory Agency May Authorize Exceptions. The Advisory Agency may,
in the exercise of reasonable judgment, grant variances to the requirements of
this Chapter, for street alignment, grades, widths, lengths, block design, median
lot width and effective lot frontage, and to all subjects referred to in Sections
8-3.5. and 8-3.6. as is determined warranted by topographic limitations or soil
or geological conditions, the opportunity for more effective and desirable land
utilization, or the showing that under the particular circumstances an alternate
standard would meet or surpass the intent of the given requirement.
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Article 4
Improvements
8-4.0. Duty of Subdivider to Improve Streets, Etc. The subdivider may be
required to improve all streets, highways, public ways and easements which are
a part of the subdivision, as well as improvements that may not be part of the
subdivision but are affected by the subdivision.
8-4.1. Required Improvements. The required improvements shall include'
(a) Grading and surfacing of streets, highways and public ways, and the
drainage thereof.
(b) The grading of the lots and the drainage thereof as may be required by
the design of the approved Tentative Map.
(c) The construction and installation of debris basins and the installation
of erosion and siltation control measures as may be necessary to
control erosion and siltation.
(d) For any subdivision requiring a Final Map, domestic water supplied by a
public utility subject to regulation by the Public Utilities Commission
of the State of California or by a public agency authorized to levy
taxes for such purposes which has consented in writing to provide such
water. For all other subdivisions, a water supply of the extent
required above for a subdivision, or to any lesser extent as may be
determined by the Health Officer as sufficient to protect the public
health, considering the uses and intensity of development permitted in
the area of the land subdivision.
(e) For all subdivisions having lots less than 40,000 square feet, a
sanitary sewer system and sewage disposal works serving each lot
administered by a public agency authorized to levy taxes for such
purposes, which agency has consented in writing to provide such service.
For any other subdivision a sewage disposal system of such extent as may
be determined by the Health Officer as sufficient to protect the public
health, considering the uses and intensity of development permitted in
the area of the land division.
(f) Construction of such structures as may be necessary for public safety,
including but not limited to local neighborhood drainage, traffic
safety signs and devices, and street lighting.
(g) In case of a subdivision included in a fire protection agency the
subdivider shall install water mains, fire hydrants, gated connections
and appurtenances to provide water supply and access for fire
protection in conformance with standards, if any, established by the
fire agency and domestic water supplier, or where a land subdivision
is not included in a fire agency, the subdivider shall make such
installations in conformity with the latest standards established
by the Insurance Services Office and domestic water supplier.
8-4.2. Same: Limitations for Subdivisions into Four or Less Lots.
Improvements which may be required by the Advisory Agency for subdivisons into
four or less lots are limited to the dedication of rights-of-way, easements, and
the construction of reasonable offsite and onsite improvements for the parcels
being created. Requirements for the construction of such offsite and onsite
improvements shall be noticed by certificate on the Parcel Map, on the instrument
evidencing the waiver of such Parcel Map, or by separate instrument and shall be
recorded on, concurrently with, or prior to the Parcel Map or instrument of waiver
of a Parcel Map being filed for record.
Fulfillment of such construction requirements shall not be required until
such time as a permit or other grant of approval for development of the parcel is
issued by any agency of the City of Dublin, or until such time as the construction
of such improvements is required pursuant to an agreement between the subdivider
and the local agency, except that in the absence of such an agreement, a local
agency may require fulfillment of such construction require-ments within a
reasonable time following approval of the Parcel Map and prior to the issuance of
a permit or other grant of approval for the development of a parcel upon a finding
by the local agency that fulfillment of the construction requirements is necessary
for reasons of:
(1) The public health and safety; or
(2) The required construction is a necessary prerequisite to the orderly
development of the surrounding area.
8-4.3. Standards for Improvements. Except as provided in subsection
8-4.1.(g) of this article, all improvements shall be constructed in accordance
with standard engineering practice and in accordance with Standard Plans and
Specifications approved by the City.
8-4.4. Inspection By City Engineer. The City Engineer shall have the right
to enter upon the site of the work for the purpose of inspecting the same and
shall be furnished with samples of materials as he may require for the making of
tests to determine the acceptability of the materials.
8-4.5. Cost of Inspection. The subdivider shall pay to the City the actual
cost for the inspection of the work and checking materials.
8-4.6. Deposit to Cover Cost of Inspection. Under deposit: Over deposit:
When the Final Map or Parcel Map is presented to the City Council, the subdivider
shall give evidence that he has deposited with the City Finance Director a sum in
the amount estimated by the City Engineer as being sufficient to cover the costs
of inspection and tests. If the amount so deposited exceeds the actual cost to
the City, the subdivider shall be reimbursed for the balance remaining. If the
actual cost exceeds the deposited amount, the City shall stop all construction
until the land subdivider presents a receipt for a deposit with the City Finance
Director of an additional sum as estimated by the City Engineer.
8-4.7. Improvement Security. In the event an agreement for the improvement
of streets or easements, or for the performance of any other act, is entered into
between the City and the subdivider, the contract may be secured by any one of the
methods provided in Chapter 5 of the Subdivision Map Act.
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8-4.8. Same: Terms of. The contract must also specify the time within
which the work must be completed and must also specify that should the work not
be satisfactorily completed within the time limit, the City shall complete all
specified improvements and be completely reimbursed therefore by the owners or
owner of the land subdivision. The contract may provide for the improvements to
be installed in units, for extension of time under specified conditions or for the
termination of the contract upon a reversion of the division of land or a part
thereof to acreage.
8-4.9. Gompletton of Improvements'. As-built Drawings and Declaration. Upon
completion of improvements, the subdivider shall provide as-built drawings in the
form required by the City Engineer prepared by a Civil Engineer registered by the
State of California showing the subdivision as it has been completed.
8-4.10 Supplemental Improvement Gapactty.
(a) As a condition of approval of a Tentative Map, there may be imposed
a requirement that improvements installed by the sub-divider for
the benefit of the subdivision contain supplemental size, capacity,
number or length for the benefit of property not within the
subdivision and that those improvements be dedicated to the
public. However, when such supplemental size, capacity, number
or length is solely for the benefit of property not within the
subdivision, the City shall, subject to the provisions of Sections
66486 and 66487 of the Subdivision Map Act, enter into an agreement
with the subdivider to reimburse the subdivider for that portion
of the cost of such improvements equal to the difference between
the amount it would have cost the subdivider to install such
improvements to serve the subdivision only and the actual cost
of such improvements.
(b) The City Council shall determine the method for payment of the
costs required by a reimbursement agreement, which method may
include, but shall not be limited to, the following:
(1) The collection from other persons, including public agencies,
using such improvements for the benefit of.real property not
within the subidivison, a reasonable charge for such use.
(2) The contribution to the subdivider of that part of the cost
of the improvements that is attributable to the benefit of
real property outside the subdivision and the levy of a
charge upon the real property benefited to reimburse the City
for such costs, together with interest thereon, if any, paid
to the subdivider.
(3) The establishment and maintenance of local benefit districts
for the levy and collection of such charge or costs from the
property benefited.
(c) No charge, area of benefit or local benefit district shall be
established unless and until a public hearing is noticed and held
thereon by the City Council and the City Council finds that the
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charge, area of benefit or local benefit district is reasonably
related to the cost of such supplemental improvements and the
actual ultimate beneficiaries thereof.
(d) In addition to the notice, written notice of the hearing shall
be given to those who own property within the proposed area of
benefit as shown on the last equalized assessment roll, and the
potential users of the supplemental improvements insofar as they
can be ascertained at the time. Such notices shall be mailed
by the City Clerk at least ten (10) days prior to the date
established for the hearing.
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Article 5
Surveys and Monuments
8-5.0. Field Survey. A Final Map or a Parcel Map based upon a field survey
shall be made in conformity with the Land Surveyor's Act.
8-5.1. Discrepancy. Whenever the field survey indicates a discrepancy from
previously recorded data, the record dimensions shall be shown in parentheses
and in the same basis of bearings along with the field dimension. When the
discrepancy is major and causes a conflict to title, the subdivider shall take
appropriate action to clear said title prior to the filing of the map.
8-5.2. Compiled Map. A Parcel Map may be compiled from a recorded or filed
map if all of the following conditions are existing:
(a) The compiled map is based on a Final Map or Parcel Map filed in the
Office of the County Recorder after January 1, 1964, or on a Record of Survey
filed in the Office of the County Recorder after January 1, 1964, and prior to
January 1, 1982, or on another Final Map, Parcel Map, or Record of Survey subject
to prior approval of the City Engineer.
(b) Ail of the exterior boundary lines are indicated by field bearings and
distance on said map.
(c) Sufficient survey information exists on said map to locate and retrace
the exterior boundary lines.
(d) At least.one of these boundary lines can be established from an
existing monumented line which is shown on said map.
8-5.3. Accuracy Required. An accurate and complete boundary closure shall
be made of the land to be divided. A traverse of the exterior boundaries of the
tract or parcel and of each block and lot or parcel when computed, must close
within a limit of error of 0.015 of a foot in latitude and/or departure. Street
monumentation will be field checked to an accuracy of 0.01 of a foot per 100 feet
and angle measurement to 20" seconds of angle and not to exceed 0.05 of a foot
point position.
8-5.4. Remainder. If the remainder of the original parcel shown on the
Parcel Map has a gross area of five acres or more, said remainder may be a field
survey or may be indicated by deed bearings and distance shown in brackets; the
bearings shall be on the same basis of bearings as the survey and the distances
shall be in feet and designated as being a "Non-Surveyed Remainder."
8-5.5. Ties to Center Lines. Whenever the City Engineer has established the
center line of a street or alley, ties shall be made to that center line and any
monument or reference point thereon.
8-5.6. Boundary Monuments, Field Survey. Monuments shall be set, or witness
thereto, at all major angle points, and shall be sufficient in number together
with existing monuments of record for the perpetuation or facile re-establishment
of any point or line of the exterior boundary.
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8-5.7. Boundary Monuments, Compiled. When the exterior boundary of a Parcel
Map is compiled from a file map, the point of intersection of a new division line
with the exterior boundary line shall be monumented or witness thereto.
8-5.8. Boundary Monuments, Type. Monuments set shall be durable in nature,
such as an iron pipe, and efficiently placed so as not to be readily disturbed.
8-5.9. Street Monuments. The Engineer or Surveyor shall set permanent
interior monuments in the street areas, located so as to define the street lines
bounding each block. Due consideration shall be given to visibility of monuments,
one from another, for the purposes intended.
8-5.10. Street Monuments, Type. Permanent monuments shall conform to the
approved standards of the City of Dublin for ConCrete Monument for use on
subdivision project.
8-5.11. Monuments, Time for Setting.
(a) Exterior boundary monuments shall be set before approval of the Final
Map or Parcel Map.
(b) Interior monuments may be set after approval of the Final Map or parcel
map provided that they be set not later than the time of completion of
improvements and adequate improvement security is filed with the City
prior to City Engineer approval and certification of the map.
8-5.12. Monuments, Inspection and Approval. All monuments shall be subject
to inspection and approval by the City Engineer.
8-5.13. California Coordinate System. Whenever the City Engineer has an
approved system of California Coordinate monuments the survey shall be tied into
the approved monuments.
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Article 6
Final MaP and Parcel Map
8-6.0. Title Block. Each sheet of the map shall contain a title, consisting
of the Tract number or Parcel Map number, but no commercial name or title shall
appear on the map as a designation. Below the number shall appear "City of
Dublin, Alameda County, California." Next the name of the Surveyor or Firm,
County and State, the scale and date. If the subdivision is a condominium
project, the statement "A Condominium Project, or "For Condominium Purposes"
shall appear beneath the Tract number.
8-6.1. Title Sheet. The title sheet shall show the Title Block, OWner's
Certificate, Acknowledgements, Surveyors' Certificate, City Engineer's Certifi-
cate, County Recorder's Certificate. A Subdivision of, being the name, and legal
designation of the tract in which the survey is located and any other statements
or notes that are required.
8-6.2. Map Sheet. The scale of the map shall be one (1) inch equals forty
(40) feet or less, unless otherwise approved by the City Engineer. Every sheet
comprising the map shall show the Title Block, north arrow, legend, basis of
bearings, sheet number and number of sheets comprising the map.
8-6.3. Index Sheet, If there are more than three map sheets, there shall be
an index sheet preceding the map sheets.
8-6.4. Exterior Boundary. The exterior boundary of the land included within
the subdivision shall be indicated by the following symbol: a long line (minimum
1/2 inch in length) followed by three (3) short lines (maximum 1/8 inch each in
length), the width of said line segments shall be such that they are distinctive.
8-6.5. Lot and Parcel Numbering. Lots or parcels shall be numbered in
numerical order starting from numeral "1." Circles, squares, or other geometri-
cal figures shall not be draWn around the letter or numbers. If possible, each
block shall be shown entirely on one sheet; each lot or parcel must be shown
entirely on one sheet.
8-6.6. Lands for Private Use: for Public Use: Designations. The map shall
particularly define, delineate and designate all lots or parcels intended for sale
or reserved for private purposes, all parcels offered for dedication for any
purpose, public or private, and any private streets, with all dimensions,
boundaries and courses clearly shown and defined in every case. Dimensions of
lots or parcels shall be given as the net dimensions only to the boundaries of
adjoining streets that will be accepted for dedication or where the street is held
in fee by the City of Dublin. No ditto marks shall be used. Parcels offered fOr
dedication but not accepted, as well as common parcels offered for private use,
shall be designated by letter, and private streets offered but not accepted for
dedication shall have inserted the words, "Private Street."
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8-6.7. Lands for Public Use: Dedication: Offer of. Ail parcels of land
shown on any map and intended for any public use shall be offered for dedication
for public use except those parcels, other than streets, which are intended for
the exclusive use of the lot owners in the subdivision, their licenses, visitors,
tenants, and servants.
8-6.8. Lettering. Ail lettering on the map shall be a minimum of 1/8 inch
in height and of such shape and weight as to be readily legible on prints and
microfilm reproductions. Minimum pen size shall be "0."
8-6.9. Streets: Side Lines: Widths. The map shall show the monument lines
and side lines of all streets, the total width of all streets, the width of the
portion being dedicated and the width of existing dedication, and the widths each
side of the monument line, also the width of railroad rights-of-way appearing on
the map.
8-6.10. Easements: Descriptions. The map shall show the side lines of all
easements to which the lots are subject. Easements must be clearly labelled and
identified, and if already of record, the recorded reference given. If any ease-
ment of record is not definitely located, a statement of the easement must appear
on the title sheet. The width of the easement and the lengths and bearings of the
lines thereof and sufficient ties thereto to definitely locate the easement with
respect to the subdivision must be shown. If the easement is being dedicated by
the map, it shall be properly set out in the owner's certificate of dedication.
8-6.11. Dedication. Dedications or offers of dedication shall be made
either by certification on the map or by separate instrument. If dedications or
offers of dedication are made by separate instrument, such dedication or offers of
dedication shall be recorded concurrently with, or prior to, the map being filed
for record.
8-6.12. Street Names: Approval by Advisory Agency: Designations. In order
to avoid duplication, names to be used on new streets shall be subject to the
approval of the City Council. If any designation be number, they shall be spelled
out completely, using hyphens in such forms as "Twenty-Third Street." The words:
"Avenue," "Boulevard," "Place," etc., shall be spelled out in full.
8-6.13. Procedure. Upon approval of the Tentative Map, prints of the Final
Map or Parcel Map shall be submitted to the City Engineer for his examination for
conformance to the approved Tentative Map, local Ordinance, the Subdivision Map
Act, and the Land Surveyor's Act.
8-6.14. Data and Material to Accompany the Submittal. The following data
and material shall be provided by the Subdivider or his agent:
(a) A traverse sheet or sheets in a form approved by the City Engineer
giving latitudes and departures and coordinates of the boundary of
the subdivision, blocks, lots, or parcel and monument lines therein.
(b) A minimum of three (3) sets of prints of the map.
(c) Submit a copy of the record owner deed and/or those deeds used in the
survey, i.e., senior, adjoiners and easements.
- 20 -
(d) Submit a current Title report, and deeds of trust.
(e) Plans, cross sections, profiles and specifications of the street
improvements, grading, drainage facilities, water, water recycling and
sanitary sewer improvements, and erosion and siltation control measures
or structures and such drawings and specifications as the City Engineer
may require. The plans and drawings shall be drawn to a scale not to
exceed one (1) inch equal forty (40) feet horizontal and one (1) inch
equal four (4) feet vertical, unless prior approval is granted by the
City Engineer. Plans and drawings shall be in the form specified by the
City Engineer and shall be certified by a Registered Civil Engineer.
(f) A statement of the water supply installed or available for the subdi-
vision, including information as to the source and adequacy of the
supply.
(g) A statement of the sewerage works and sewage disposal installed,
proposed or available for the subdivision, together with a statement
from the controlling agency that the proposed system will comply with
all Health Department rules and regulations and state laws and operate
without creating a public or private nuisance, or a statement shall be
required where the subdivision is to be sewered by connection to an
existing public sanitary sewer system.
(h) The tracing of the map shall contain original signatures and shall be
submitted for certification when notified by the City Engineer; in
addition to the tracing of the map there shall be submitted three (3)
sets of prints of the map and one set of Mylar reproduceables of the
map.
(i) The submittal of the Final Map or parcel Map for a common interest
development within the meaning of Sections 1350 e__t seq. of the State
Civil Code shall include the proposed Declaration of Covenants,
Conditions and Restrictions containing the provisions described in
Section 1353 of the Civil Code, and all other governing documents for
the subdivision as are appropriate pursuant to Section 1363 of the Civil
Code. The submittal of the Final Map or Parcel Map for all subdivisions
other than a common interest development shall include any Declaration
of Covenants, Conditions and Restrictions proposed in connection
therewith Ail documents shall be subject to review and approval
by the Planning Director, Public Works Director and City Attorney.
8-6.15. Fees Payable for Processing a Final Map: Evidence of Payment to
City Engineer. The subdivider shall pay to the City for the purpose of checking,
investigating, surveying, and other matters required by law and these regulations,
those fees for the checking of the map, plans and specifications, and investi-
gations incidental thereto as set out in the City of Dublin fee resolution.
When prints of the map and accompanying data and material are presented to
the City Engineer for examination, the subdivider shall give evidence to the City
Engineer that he has deposited with the City Finance Director the fees or deposits
as required by the City's Fee Resolution. If the amount is a deposit, and it
exceeds the actual cost to the City, the subdivider shall be reimbursed for the
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balance remaining. If the actual cost exceeds the deposited amount, the City
Engineer shall withhold certification of the map until the subdivider presents
a receipt for the deposit of the excess amount.
8-6.16. Fee Payable for Processing a Parcel Hap. The subdivider shall pay
to the City for the purpose of checking, investigating, surveying and other
matters required by law and these regulations for processing a Parcel Map the fee
fixed by the schedule adopted for that purpose by the City Council and in effect
at the time the Parcel Map is submitted for checking. Said payment shall be
submitted to the City Engineer at the time the Parcel Map is submitted for
checking.
8-6.17. Action on Parcel Map. The City Engineer is authorized to take
final approval action on a Parcel Map as Well as to reject offers of dedication.
Acceptance of offers of dedication on a Parcel Map shall require Council approval.
The City Engineer shall disapprove a Parcel Map for failure to meet or perform
any of the requirements or conditions imposed by the Subdivision Map Act, this
Ordinance, or the approved Tentative Map for the subdivision; provided that a
Parcel Map shall be disapproved only for failure to meet or perform requirements
or conditions which were applicable to the subdivision at the time of approval of
the Tentative Map; and provided further that such disapproval shall be accompanied
by a finding identifying the requirements or conditions which have not been met
or performed. A Parcel Map shall not be disapproved when the failure to meet
requirements or conditions is the result of a technical or inadvertent error which
doeS not materially affect the validity of the map as may be determined by the
City Engineer.
8-6.18. Action on Final Map. The City Council shall take final approval
action on Final Maps. It shall disapprove a Final Map for failure to meet or
perform any of the requirements or conditions imposed by the Subdivision Map Act,
this Ordinance, or the approved Tentative Map for the subdivision; provided that a
Final Map shall be disapproved only for failure to meet or perform requirements or
conditions which were applicable to the subdivision at the time of approval of the
Tentative Map; and provided further that such disapproval shall be accompanied by
a finding identifying the requirements or conditions which have not been met or
performed. A Final Map shall not be disapproved when the failure to meet
requirements or conditions is the result of a technical or inadvertent error
which does not materially affect the validity of the map as may be determined
by the City Council.
8-6.19. Transmittal. After the City Engineer's approval and certification
of a Parcel Map or Final Map, it shall be transmitted to the City Clerk for final
action and ultimate transmittal to the County Recorder.
8-6.20. Amended Hap. A map may be amended in conformance with the
provisions of the Subdivision Map Act and local Ordinances and shall be entitled ·
"Amended Map of ."
8-6.21. Amendment Shown. Ail corrections or omissions shall be boxed
and the errors removed from the map with a certified statement by the Surveyor
stating, in general, the correction or omission being made in addition to the
recording information of the original map.
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8-6.22. Gertificate of Gorrection. May be used to: (1) correct an error
in the description of real property, (2) a course error that is outside of the
exterior boundary of the map. The Gertificate of Correction shall be upon a form
approved by the Gity Engineer.
8-6.23. Reversion to Acreage. A map may be reverted to acreage in pursuant
to all the provisions of the Subdivision Map Act and shall be entitled "Reversion
to Acreage of ."
8-6.24. Re-Subdivision. Subdivided lands may be merged and re-subdivided
without reverting to acreage by complying with all applicable provisions of the
Subdivision Map Act.
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Article 7
Dedication of Lands for
Park and Recreation Purposes
7-7.0. Authority. This Ordinance is enacted pursuant to authority granted
by Section 66477 of the Government Code of the State of California.
(Based on sec. 2, Ord. 83-55)
8.7.1. Requirement. Each subdivider of the land classified by the City of
Dublin Zoning Ordinance for residential use shall as a condition to filing a Final
Subdivision Map dedicate or reserve lands, pay fees in lieu thereof, or a combi-
nation of both, for neighborhood and community park or recreational purposes.
Requirements shall be established by the Advisory Agency when acting on the
Tentative Map in consultation with the City of Dublin Public Works Department or
Recreation Department. Land or fees required under this Article shall be conveyed
or paid directly to the City of Dublin which provides community-wide park and
recreational services upon approval of the Final Map.
8-7.2. Limitations.
(a) The land, fees, or combination thereof are to be used only for the
purpose of developing new or rehabilitating existing neighborhood
and community park or recreational facilities bearing a reasonable
relationship to use by future residents of the subdivision.
(b) The City of Dublin 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 subdivision in
a manner consistent with the limitations of this Chapter and State
Subdivision Map Act. Any fees collected under the Ordinance shall be
committed within five (5) years after the payment of such fees or the
issuance of building permits on one-half of the lots created by the
subdivision, whichever occurs later. If such fees are not committed,
they shall be distributed and paid to the then recorded owners of the
subdivison in the same proportion as it was collected.
(c) Park and recreational facilities shall be in accord with principles and
standards of the Park and Recreation Element of the City of Dublin
General Plan.
(d) Only the payment of fees may be required in subdivisions containing
fifty (50) parcels or less. In subdivisions larger than 50 parcels,
this requirement may be satisfied by dedicating land and/or payment of
fees as determined by the Advisory Agency.
(e) Provisions of this Article do not apply to condominium projects or
stock cooperatives which consist of the subdivision of airspace in an
existing apartment building which is more than five (5) years old when
no new dwelling units are added.
- 24 -
8-7.3. General Standard. It is hereby found and determined that the public
interest, convenience, health, safety and welfare require that five (5) acres of
property for each one thousand (1,000) persons residing within the City be devoted
to local park and recreational purposes. The amount of land to be dedicated, or
fees to be paid, shall bear a reasonable relationship to the use of the park and
recreation facilities by the future inhabitants of the subdivision and shall be
the amount calculated from the following formula:
LAND -- A X B
FEE = A X B X C
D
(a) "A" means the park and recreation area required per dwelling unit,
based on the type of dwelling units of the proposed subdivision and
the park area per 1,000 people of the City.
(1) The park area of the City is determined to be 5.0 acres per 1,000
people, or .005 acres per person.
(2) The park and recreation area required per dwelling unit, A, is
established as follows:
(a) For detached single-family dwelling units, each unit is
assigned 3.2 people.
Therefore:
A = 3.2 X .005 = .016 acres per unit
(b) For attached single-familyl duplex or multi-family dwelling
units, each unit is assigned 2.0 people.
Therefore:
A = 2.0 X .005 = .010 acres per unit
(b) "B" means the number of dwelling units in the proposed subdivision.
For the purpose of this section, the number of dwelling units in the
proposed subdivision shall be determined as follows: In areas zoned for
one dwelling unit per lot or parcel, the number of dwelling units shall
equal the number of parcels indicated on the Tentative Map. When the
subdivision is located in an area zoned for multiple dwelling units per
parcel, the number of dwelling units shall equal the maximum number of
dwelling units allowed under that zone. For residential condominium
projects, the number of dwelling units shall equal the number of condo-
minium units indicated on the Tentative Map. For planned development
projects, the number of dwelling units shall equal the number of
dwelling units indicated on the approved planned development plan.
(c) "C" means the current market value of the developable acreage of the
area to be subdivided.
- 25
(d) "D" means the developable acreage of the area to be subdivided.
8-7.4. In Lieu Fees. Where fees are required by the City to be paid in lieu
of land dedication, such fees shall be based on the current market value of the
developable acreage of the area to be subdivided as determined by the Director
of Public Works and Planning Director at the time of approval of the Final
Subdivision Map. If the subdivider objects to the determination of current market
value, the subdivider may request the City to obtain an appraisal of the property
by a qualified real estate appraiser mutually agreed upon by the City and the
subdivider, which appraisal will be considered by the City in determining the
current market value. All costs required to obtain such appraisal shall be borne
by the subdivider.
8-7.5. Credits.
(a) If the subdivider provides park and recreational improvements to the
dedicated land as authorized by the Advisory Agency, the value of
improvements may be a credit against fees or land dedication
otherwise required by this Article.
(b) As may be determined by the Advisory Agency, planned developments and
real estate developments, as defined in Sections 11003 and 11003.1,
respectively, of the Business and Professions Code, shall be eligible
to receive a credit for private open space and recreational facilities
in the subdivision not to exceed 25% of fees or land dedication
otherwise required by this Article, provided that:
(1) Private open space is at least 1/2 acre in area with its smallest
dimension being at least 100 feet clear excluding yards and
setbacks normally required by zoning provisions;
(2) Private open space and recreational facilities are owned and
maintained by a homeowner's association, are available to all
residents of the subdivision without restriction, and are
designated for park and recreational purposes by recorded
covenants which run with the land, and cannot be defeated or
eliminated without consent of the City Council;
(3) Private open space and facilities are suitable for active park
and recreation purposes taking into consideration such factors
as shape, topography, access, and improvements proposed;
(4) Are in accord with the principles and standards for local parks
contained in the Park and Recreation Element of the City of Dublin
General Plan.
8-7.6. Procedures.
(1) Prior to approval of the subdivision, the Advisory Agency
shall consider the report and recommendation from the Parks
and Recreation Commission or Recreation Director, as the case
may be, regarding the following:
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(a) The amount of land required; or
(b)' That a fee be charged in lieu of land; or
(c) That a combination of land and fee be required; and
(d) The location of the park land and, where appropriate,
the siting and conceptual design of the park facilities
appurtenant thereto, to be dedicated or used in lieu of fees.
(2) At the time of approval of the subdivision, the Advisory Agency
shall determine whether land, in-lieu fees, or a combination of
land and fees, shall be dedicated and/or paid by the subdivider.
(3) The Advisory Agency may approve, modify, or disapprove the
recommendation of the Parks and Recreation Commission or
Recreation Director, provided, however, any modification of the
recommendation not previously considered shall first be referred
back to the Parks and Recreation Commission or Recreation Director
for further report and recommendation. The Recreation Director
shall report back to the Advisory Agency within thirty (30) days.
After the receipt and consideration of the report, or after thirty
(30) days have passed in the event no report is received, the
Advisory Agency may take action on the modification.
8-7.7. Off site Dedication. Dedication of land outside of the subdivision
may be authorized by the City of Dublin in consultation with the Public Works
Department or Recreation Department by action on the Tentative Map and be credited
toward the developer's park land dedication requirement.
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Article 8
Underground Utilities
8-8.0. Intent. The regulations of this Article are intended to promote
and to provide in subdivisions improved under the provisions of this Chapter an
increase in safety and welfare for both the residents of such land division and
the public in general, and to prolong the economic life of land divisions, enhance
views, scenic attributes and the general living environment.
8-8.1. Utility Distribution Facilities to be Placed Underground. Ail
utility distribution or communication facilities supplying electric, communi-
cation or similar or associated services, installed in and for the purpose of
supplying such service to any residentially zoned subdivision requiring the filing
of a Final Map shall be placed underground. Distribution facilities do not
include metal poles used for street lighting, traffic signals, pedestals for
police and fire system communications and alarms, pad-mounted transformers
pedestals, pedestal mounted terminal boxes and meter cabinets, substations, and
facilities used to carry voltages higher than thiry-five thousand (35,000) volts.
8-8.2. Duty of Subdivider. The subdivider is responsible for complying with
all requirements of this Article, and shall make the necessary arrangements with
the utility or communication companies involved for the installation of the
facilities required by Section 8-8.1 of this Article.
8-8.4. Request'for Variance. The subdivider or a public utility or commun-
ication company may request that the requirements of this Article be varied by
submitting to the Advisory Agency a statement describing fully the nature and
extent of such variance, and the reasons for which it is requested.
8-8.5. Action by the City Council. The City Council upon consideration
of a request to vary the requirements of this Article, and upon finding from the
evidence presented that a balancing of the requirements of the public health,
safety and general welfare with the feasibility of meeting such requirements does
not warrant the strict application of the requirements of this Article, by reason
of economic feasibility, soil, topography, compatibility of surrounding area,
future potential number of building sites affected, or that the area to be under-
grounded does not include both sides of the street for at least one block or 600
feet, may grant a variance in its approval of the Tentative Map for installing
overhead distribution facilities. The City Council in making the above finding
to grant variances to the requirements of this article shall designate such
conditions in connection therewith as will in its opinion best serve the intent
of this Article.
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Article 9
School Facilities Dedication
8-9.0. Title and Purpose. This Article shall be known as the "School
Facilities Dedication Ordinance of the City of Dublin." The purpose is to provide
a method for financing interim school facilities necessitated by new residential
developments causing conditions of overcrowding.
8-9.1. Authority and Conflict. This Article is enacted pursuant to Chapter
4.7, Title 7, Division 1, (Government Code Sections 65970 et seq.) and constitutes
the Ordinance referred to in Sections 65972 and 65974 of Chapter 4.7. In the case
of any conflict between the provisions of this Article and those of Chapter 4.7,
the latter shall prevail.
8-9.2. General Plan. The City's General Plan provides for the location of
public schools. Interim school facilities to be constructed from fees or land
required to be dedicated, or both, shall be consistent with the General Plan.
8-9.3. Regulations. The City Council may, from time to time, by resolUtion,
issue regulations to establish administration, procedures, interpretaion and
policy direction for this Article.
8-9.4. Chapter 4.7. "Chapter 4.7" means Chapter 4.7 (commencing with
Section 65970) of Division 1 of Title 7 of the Government Code as added by Chapter
955 of the Statutes of 1977 and any subsequent amendments thereto.
8-9.5. Conditions of Overcrowding. "Conditions of overcrowding" means that
the total enrollment of a school, including enrollment from proposed development,
exceeds the capacity of such school as determined by the governing body of the
district.
8-9.6. Dwelling Unit. "Dwelling unit" means a building or a portion
thereof, or a mobile home, designed for residential occupancy by one person
or a group of two or more persons living together as a domestic unit.
8-9.7. Reasonable Methods for Mitigating Conditions of Overcrowding.
"Reasonable methods for mitigating conditions of overcrowding" include, but are
not limited to, agreements between a subdivider and the affected school district
whereby temporary-use buildings will be leased to the school district or
temporary-use buildings owned by the school district will be used. The City
Council may establish by resolution additional methods for mitigating conditions
of overcrowding which should be considered by school districts.
8-9.8. Residential Development. "Residential development" means a project
containing residential dwellings, including mobile-homes, of one or more units or
a subdivision of land for the purpose of constructing one or more residential
dwelling units. Residential development includes, but is not limited to:
rezonings, conditional use permits, site development review, and any other
discretionary permit for new residential use, and building permits for new
residential use.
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8-9.9. Findings and Notice. Pursuant to Chapter 4.7 of the Government Code,
the governing body of a school district shall make all of the following findings
supported by clear and convincing evidence that: (1) conditions of overcrowding
exist in one or more attendance areas within the district which will impair
the normal functioning of educational programs including the reason for such
conditions existing; (2) all reasonable methods of mitigating conditions of
overcrowding have been evaluated; and (3) no feasible method for reducing such
conditions exist. Upon making these findings, the school district shall provide
the City with notice of its findings.
8-9.10. Notice Requirements. Any notice of findings sent by a school
district to the City shall specify:
(a) Findings specified in Section 8-9.9.
(b) Mitigation measures considered by the district and any determination
made concerning them by the district.
(c) A map delineating the overcrowded attendance area or areas, and other
attendance areas in the district.
(d) Recommendations for standards for land dedication and fees based on
Section 8-9.18, General Standards.
(e) Such other information as may be required by City Council's resolution.
8-9.11. City Concurrence. After the receipt of any notice of finding
complying with the requirement of Section 8-9.10, the City Council shall deter-
mine whether it concurs in such school district findings. The Council shall
schedule and hold a public hearing on the matter of its proposed concurrence
prior to making its determination.
8-9.12. Findings for Development Approval. Within an attendance area where
the City Council has concurred in a school district's findings that conditions of
overcrowding exist, no discretionary permit for residential use and no building
permit for new residential construction shall be approved in the attendance area,
unless the City Council makes one of the following findings:
(a) That this Article is an Ordinance adopted pursuant to Section 65974 of
Chapter 4.7.
(b) That there are specific overriding fiscal, economic, social, or
environmental factors which in the judgment of the planning agency
would benefit the City, thereby justifying the approval of a residential
development otherwise subject to the interim school facilities
dedication provisions of this division.
8-9.13. School District Schedule. Following the concurrence and decision by
the City to require the dedication of land or the payment of fees, or both, for an
attendance area, the governing body of the involved school district shall submit~
a schedule specifying how it will use the land or fees, or both, to solve the ~
conditions of overcrowding. The schedule shall include the school and the times
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when such facilities will be available. In the event the governing body of the
school district cannot meet the schedule, it shall submit modifications to the
City Council and the reasons for the modification.
8-9.14. Developer's Responsibility. In an attendance area where the City
Council has concurred as provided in Section 8-9.1,, the developer of applicable
residential projects shall dedicate land, pay fees in lieu therof, or do a combi-
nation of both, for classroom and related facilities for mandated educational
programs for elementary, middle/junior high, and/or high schools.
8-9.15. Land Dedication Limits. Only payment of fees may be required for
approval of projects containing fity (50) parcels or less. In subdivisions larger
than 50 parcels, this requirement may be satisfied by dedicating land and/or
payment of fees as determined by the Advisory Agency.
8-9.16. Exemptions. Residential developments shall be exempt from the
requirements of this division when they consist only of the following:
(a) Any.modification or remodel of an existing legally established dwelling
unit that does not create an additional dwelling unit.
(b) A condominium project converting an existing apartment building into a
condominium where no new dwelling units are added.
(c) Any rebuilding of a legally established dwelling unit destroyed
or damaged by fire, explosion, act of God or other accident or
catastrophe.
(d) Any rebuilding of an historical building recognized, acknowledged and
designated as such by the City Council, County of Alameda, State of
California, or Federal Government.
8-9.17. Prior Agreements. Any agreement existing prior to the effective
date of this Ordinance between a school district and a developer pertaining to
the dedication of land and/or payment of fees for school facilities shall be
considered as satisfying this Article's requirements.
8-9.18. General Standard. The location and amount of land to be dedicated
or the amount of fees to be paid, or both, shall bear a reasonable relationship
and will be limited to the needs of the community for interim elementary, middle/
junior high, and/or high school facilities including all mandated educational
programs and shall be reasonably related and limited t° the need for schools
caused by the development.
8-9.19. Fees. A schedule for fees required to be paid in lieu of land
dedication or in combination with land dedication shall be established by the
City Council for each attendance area where the Council has concurred with the
school district that conditions of overcrowding exist. The SchoOl District
governing body shall recommend the fees for providing interim facilities that are
to be assessed on a development as a condition of City approval of a subdivision.
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8-9.20. Land. When land is required to be dedicated, land shall equal
in monetary value fees which would otherwise be market value of all the land in
the residential project as determined by the most recent appraisal made at the
direction of the City Council at the time of discretionary action on the appli-
cation. If the developer, or the school district, objects to this determination,
either may present evidence for a different dedication requirement based on a
recent appraisal of the property by a qualified real estate appraiser.
8-9.21. Land Dedication. When land is to be dedicated, it shall be offered
for dedication in the same manner as prescribed in the City of Dublin Subdivision
Ordinance for park dedication.
8-9.22. Time of Performance. Land required to be dedicated as a condition
of a Tentative Maps shall be conveyed at the time of filing the Final Map. All
other dedication of land or payment of fees shall be made at the time the building
permit is issued.
8-9.23. Trust of Land or Fees. Land and fees shall be held in trust by the
City of Dublin until such time as request for release of land or fees is made by
the subject school district. Release of land or fees shall occur upon determi-
nation by the City Council that the land or fees shall be used for appropriate
interim school facilities and that said facilities would be consistent with the
General Plan.
8-9.24. Fee Distribution. Where two or more separate school districts
operate schools in an attendance area where the City Council concurs that over-
crowding conditions exist for the school districts, the Council will enter into
an agreement with the governing body of each school district for the purpose of
determining the distribution of revenues from the fees levied pursuant to this
division.
8-9.25. Refunds. If any residential development permit covered by this
Article is voided or vacated, and if the applicant so requests, any land or fees
collected for the development in trust by the City of Dublin shall be returned to
the applicant.
8-9.26. School District Accounting. Any school district receiving funds or
land pursuant to this Article shall maintain a separate account for any fees paid
and disposition of land received and shall file a report with the City Council
on the balance in the account at the end of the previous fiscal year and the
facilities leased, purchased, or constructed during the previous fiscal year.
In addition, the report shall specify which attendance areas will continue to be
overcrowded when the fall term begins and where conditions of overcrowding will no
longer exist. Such report shall be filed by August 1, of each year and shall be
filed more frequently at the request of the City Council.
8-9.27. Termination of Dedication Requirements. When it is determined by
the City Council that overcrowding conditions no longer exist in an attendance
area, the City shall cease levying any fee or requiring the dedication of any land
pursuant to this Article for the area. The Council shall schedule and hold a
public hearing on the proposed termination prior to making its determination.
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Article 10
Vesting Tentative Hap
8-10.1. Authority and Purpose. The regulations outlined in this Article are
determined to be necessary for the preservation of the public health, safety and
general welfare, and for the promotion of orderly growth and development.
8-10.2. Consistency. No land shall be subdivided and developed pursuant
to a Vesting Tentative Map for any purpose which is inconsistent with the General
Plan and any applicable specific plan or not permitted by the zoning Ordinance or
other applicable provisions of the Municipal Code.
8-10.3. Application for a Vesting Tentative Map.
(a) Vesting Tentative Maps shall be allowed only for residential
developments. Whenever a provision of the Subdivision Map Act, as
implemented and supplemented by this Ordinance, requires the filing of
a Tentative Map or Tentative Parcel Map for a residential development,
a Vesting Tentative Map may instead be filed, in accordance with the
provisions hereof.
(b) If a subdivider does not seek the rights conferred by the Vesting
Tentative Map Statute, the filing of a Vesting Tentative Map shall
not be a prerequisite to any approval for any proposed subdivision,
permit for construction, or work preparatory to construction.
8-10.4. Vesting Tentative Map Filing and Processing. A Vesting Tentative
Map shall be filed in the same form and have the same contents, accompanying data
and reports and shall be processed in the same manner as set forth in this
Ordinance for a Tentative Map except as hereinafter provided:
(a) Prior to the time a Vesting Tentative Map is filed, a subdivider
shall have obtained from the City of Dublin all applicable permits for
prezoning, rezoning, Planned Development rezoning, site development
review, variance, conditional use permit, or similar planning and land
use entitlement.
(b) At the time a Vesting Tentative Map is filed it shall have printed
conspicuously on its face the words "Vesting Tentative Map."
(c) At the time a Vesting Tentative Map is filed, a subdivider shall also
supply the following information:
recent title report
height, size, and location of buildings
sewer, water, storm drain and road improvement plans
information on the uses to which the buildings will be put
detailed grading plans
geological studies
flood control information
architectural plans
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fiscal impact studies
plot plans
foundation plans
drainage plans
floor plans
roof and ceiling framing plans or truss layout plans
roof truss details and calculations
exterior elevations
typical cross sections
large scale details
soil reports
heat loss calculations
surveys
structural calculations
electrical plans and electrical load calculations
mechanical plans
plumbing plans and calculations
elevations to show compliance with regulations pertaining to access
for the handicapped
all other studies and information required to apply for building
permits
8-10.5. Vesting Tentative Map Fees.
(a) Upon filing a Vesting Tentative Map, the subdivider shall pay the fees
required by the schedule adopted by resolution of the City Council for
the filing and processing of a Vesting Tentative Map.
8-10.6. Expiration. The approval or conditional approval of a Vesting
Tentative Map shall expire at the end of the same time period, and shall be
subject to the same extensions, established by this Ordinance for the expiration
of the approval or conditional approval of a Tentative Map.
8-10.7. Vesting on Approval of Vesting Tentative Map.
(a) The approval or conditional approval of a Vesting Tentative Map shall
confer a vested right to proceed with development in substantial
compliance with the Ordinances, policies, and standards described
in Government Code Sec. 66474.2.
However, if Section 66474.2 of the Government Code is repealed, the
approval or conditional approval of a Vesting Tentative Map shall
confer a vested right to proceed with development in substantial
compliance with the Ordinances, policies, and standards in effect
at the time the Vesting Tentative Map is approved or conditionally
approved.
(b) Notwithstanding subdivision (a), a permit, approval, extension, or
entitlement may be made conditional or denied if any of the following
are determined:
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(1) A failure to do so would place the residents of the subdivision
or the immediate community, or both, in a condition dangerous to
their health or safety, or both;
(2) The condition or denial is required, in order to comply with state
or federal law.
(c) The rights referred to herein shall expire if a Final Map is not
approved prior to the expiration of the vesting Tentative Map as
provided in Sec. 8-10.6. If the Final Map is approved, these rights
shall last for the following period of time:
(1) An initial time period of one (1) year (12 months) beyond the
recordation date of the Final Map. Where several Final Maps
are recorded on various phases of a project covered by a single
Vesting Tentative Map, this initial time period shall begin for
each phase when the Final Map for that phase is recorded.
(2) The initial time period set forth in (c)(1) shall be automatically
extended by any time used for processing a complete application
for a grading permit or for design or architectural review if
such processing exceeds thirty (30) days, from the date a complete
application is filed.
(3) A subdivider may apply for a one (1) year extension at any time
before the initial time period set forth in (c)(1) expires. If
the extension is denied by the Planning Commission, the subdivider
may appeal that denial to the City Council within fifteen (15)
days.
(4) If the subdivider submits a complete application for a building
permit during the period of time specified in subdivisions (1) -
(3), the rights referred to herein shall continue until the
expiration of that permit, or any extension of that permit.
8-10.8. Development Inconsistent with Zoning -- Gondittonal Approval.
(a) Whenever a subdivider files a Vesting Tentative Map for a subdivison
whose intended development is inconsistent with the Zoning Ordinance
in existence at that time, that inconsistency shall be noted on the
map. The City shall deny such a Vesting Tentative Map or approve it
conditioned on the subdivider, or his or her designee, obtaining the
necessary change in the Zoning Ordinance to eliminate the inconsistency.
If the change in the Zoning Ordinance is obtained, the approved, or
conditionally approved, Vesting Tentative Map shall, notwithstanding
Sec. 8-10.7 (a), confer the vested right to proceed with the development
in substantial compliance with the change in the Zoning Ordinance and
the map, as approved.
(b) The rights conferred by this section shall be for the time periods set
forth in Sec. 8-10.7 (c).
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8-10.9. Applications Inconsistent with Current Policies. Notwithstanding
any provision of this Ordinance, a property owner or his or her designee may seek
approvals or permits for development which depart from the Ordinances, policies,
and standards described in Sections 8-10.7 (a) and 8-10.8, and local agencies may
grant these approvals or issue these permits to the extent that the departures are
authorized under applicable law.
Section 2. Supersession. This Ordinance shall supersede the provisions of
Alameda County Code Title 8, Chapter 1, as adopted by Dublin Ordinance No. 13, as
well as Ordinance Nos. 19-83, 74-83, 33-85, and 6-90.
Section 3. Effective Date and Posting of Ordinance. This Ordinance shall
take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance
with Section 36933 of the Government Code of the State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin on this 14th day
of January, 1991.
AYES' Councilmembers Burton, Howard, Jeffery, M~ffatt, and Mayor Snyder
NOES: None
ABSENT: None
ATTEST:
~-~' ~i~ ~er~
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