HomeMy WebLinkAbout6.1 Amend Master Fee Schedule Subdivision Related Applicationsor
19 82
/ii � 111
DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
March 15, 2016
Honorable Mayor and City Councilmembers
Christopher L. Foss, City Manager "
SUBJECT: Municipal Code Amendments — Revisions to Title 9 of the ublin Municipal Code
(Subdivisions) and Amendments to the Master Fee Schedule for Subdivision -
Related Applications (PLPA- 2016 - 00020)
Prepared by Kristi Bascom, Principal Planner and Jayson Imai, Senior Civil
Engineer
CITY CLERK
File #660 -60
EXECUTIVE SUMMARY:
The City Council will review City- initiated amendments to Title 9 of the Dublin Municipal Code
(Subdivisions). The proposed amendments to the Subdivision Ordinance reflect current
practice, clarify language, simplify processes and procedures, and comply with the latest version
of the State Subdivision Map Act. The City Council will also consider adopting a resolution to
establish fees for processing subdivision - related applications including Tentative Tract Maps,
Tentative Parcel Maps, Lot Line Adjustments, Parcel Merger, Parcel Map Waivers, Certificates
of Compliance, and Reversions to Acreage. In accordance with Government Code Sections
66016 and 66017, information regarding the proposed fees was made available review upon
request, 10 days prior to the public hearing.
FINANCIAL IMPACT:
The proposed Municipal Code Amendments require amendments to the Master fee Schedule to
establish fees for processing subdivision - related applications including Tentative Tract Maps,
Tentative Parcel Maps, Lot Line Adjustments, Parcel Merger, Parcel Map Waivers, Certificates
of Compliance, and Reversions to Acreage.
RECOMMENDATION:
Staff recommends that the City Council conduct the public hearing, deliberate, waive the
reading, INTRODUCE an Ordinance Approving Amendments to Title 9 of the Dublin Municipal
Code (Subdivisions); and adopt the Resolution Amending Resolution 168 -12 to Revise the
Adopted Master Fee Schedule and Establish Fees for Processing Subdivision - Related
Applications Including Tentative Tract Maps, Tentative Parcel Maps, Lot Line Adjustments,
Parcel Mergers, Parcel Map Waivers, Certificates of Compliance, and Reversions to Acreage.
Page 1 of 4 ITEM NO. 6.1
Submitted By
Community Development Director
DESCRIPTION:
Reviewed By
Administrative Services irector
The purpose of the California State Subdivision Map Act and its locally implemented Subdivision
Ordinance (Title 9 of the Dublin Municipal Code) is to provide uniform mapping standards for
subdivisions, to coordinate subdivision planning with land use and other community
development goals in the City's General Plan and specific plans, and to ensure that subdivision
design and improvements implement City and other local development standards. The last
general update to the City's Subdivision Ordinance was adopted in 1991 (Ordinance 1 -91) and
has been amended periodically since that time.
Staff is proposing amendments to the Subdivision Ordinance to ensure that the Ordinance
reflects current practice, complies with the latest version of the State Subdivision Map Act,
incorporates clarified language, and simplifies processes and procedures.
Below is a summary of the main changes to the Subdivision Ordinance:
1. Reorganized the document to flow more understandably, added new chapters, and
removed those that were no longer necessary. Listed below are the chapters in the
current Ordinance and the chapters as proposed:
Current Chapters
Proposed Chapters
9.04
General Provisions
9.04
General Provisions
9.06
Environmental Subdivisions
9.06
Maps Required
9.08
Tentative Maps
9.08
Tentative Tract and Tentative Parcel Maps
9.12
Design
9.12
Design
9.16
Improvements
9.16
Improvements
9.20
Surveys and Monuments
9.20
Surveys and Monuments
9.24
Final Map and Parcel Map
9.24
Final Maps and Parcel Maps
9.28 Dedication of Lands for Park
and Recreation Purposes
9.28
Dedication of Lands for Park and
Recreation Purposes
9.32
Underground Utilities
9.32
Underground Utilities
9.36
School Facilities Dedication
9.36
School Facilities Dedication
9.40
Vesting Tentative Map
9.40 Vesting Tentative Map
9.44 Map Amendments and Certificates of
Correction
9.48
Reversion to Acreage and Resubdivision
9.52
Lot Line Adjustments
9.56 Enforcement
2. Added Table 9 -1 to the Ordinance, which clearly delineates the review and decision -
making authority for all types of subdivision applications.
3. Delegated authority to approve Final Maps, dedications, and improvements to the City
Engineer rather than the City Council. Final Maps are reviewed solely for technical
accuracy and for compliance with the Tentative Map (which is approved by the City
Page 2 of 4
Council or Planning Commission). No discretionary approvals are granted at the Final
Map stage.
4. Clarified the process for amending maps, requesting certificates of compliance or
correction, applying for a lot line adjustment, requesting a parcel map waiver, and
requesting a time extension.
Because the changes to the Ordinance, while not substantive in content, were extensive from
an editing perspective, a redlined version of the document was not produced. For reference, the
existing Title 9 of the Dublin Municipal Code (Subdivisions) is included as Attachment 1 to this
Staff Report. An Ordinance adopting a comprehensive update of Title 9 of the Dublin Municipal
Code (Subdivisions) is included as Attachment 2, with the proposed Ordinance language in its
entirety included as Exhibit A to Attachment 2.
MASTER FEE SCHEDULE MODIFICATIONS:
The Master Fee Schedule is proposed to be amended to clarify and establish fees for
processing all types of subdivision related applications including Tentative Tract Maps, Tentative
Parcel Maps, Lot Line Adjustments, Parcel Mergers, Parcel Map Waivers, Certificates of
Compliance, and Reversions to Acreage. Most subdivision - related applications are processed
concurrently with other development - related applications such as a Site Development Review
Permit or Planned Development Rezoning. In those situations, the cost of processing the
application is based on time and materials. Those charges are paid from the developer deposit
account that was established at the time of application, and this process is proposed to
continue. For subdivision - related applications that are processed independently of another
development application, Staff proposes that applicants continue to pay for the costs of
processing the applications on a "time and materials" basis instead of a flat fee. This approach
is consistent with other development applications where the amount of time it takes to process
the application from beginning to end can vary widely by project, and where the costs of
development should be borne directly by the applicant in a "pay as you go" manner.
Listed below are the proposed updates to the City's Master Fee Schedule for the current fiscal
year and for the next fiscal year (where T &M references "time and materials ") -
#
Item /Service
Description /Unit
Fees Through
6/30/2015
Fee Effective
7/1/2016
SUBDIVISION - RELATED APPLICATIONS
583
Tentative Parcel Map
Per application
T &M
T &M
584
Tentative Tract Map
Per application
T &M
T &M
585
Lot Line Adjustment
Per application
T &M
T &M
586
Parcel Merger
Per application
T &M
T &M
587
Parcel Map Waiver
Per application
T &M
T &M
588
Certificate of Compliance
Per application
T &M
T &M
589
Reversion to Acreage
Per application
T &M
T &M
Attachment 3 is a resolution establishing fees for processing subdivision - related applications
including Tentative Tract Maps, Tentative Parcel Maps, Lot Line Adjustments, Parcel Mergers,
Parcel Map Waivers, Certificates of Compliance, and Reversions to Acreage.
Page 3 of 4
ENVIRONMENTAL REVIEW:
Staff recommends that the Subdivision Ordinance update be found exempt from environmental
review under the general exemption in California Environmental Quality Act (CEQA) Guidelines
section 15061(b)(3) for projects where it can be seen with certainty that there is no potential for
significant environmental effects. The Subdivision Ordinance update does not approve any
development project or other physical activity, nor does it change any land use or density
designations that would affect development potential. Instead it updates the policies, standards
and procedures through which subdivision applications for development would be considered.
Any future development application would be reviewed for compliance with CEQA.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the Valley Times and posted at
several locations throughout the City. A notice of this hearing was mailed to those requesting
such notice 14 days before the hearing and the Staff Report and attachments were made
available for public review 10 days prior to the public hearing in accordance with Government
Code Sections 66016 and 66017.
ATTACHMENTS: 1. Existing Title 9 of the Dublin Municipal Code (Subdivisions)
2. Ordinance adopting a comprehensive update of Title 9 of the
Dublin Municipal Code (Subdivisions), with the proposed Title 9
included as Exhibit A
3. Resolution Amending Resolution 168 -12 to Revise the Adopted
Master Fee Schedule and Establish Fees for Processing
Subdivision - Related Applications Including Tentative Tract
Maps, Tentative Parcel Maps, Lot Line Adjustments, Parcel
Mergers, Parcel Map Waivers, Certificates of Compliance, and
Reversions to Acreage
Page 4 of 4
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r I .
[tlo 9
9.04 General lPirci nefiMoings
9.106 EinvirDirurimaintall Subdihe !is lions
1- -1-1- .............
9.08 Tionlathee I Malps
111-1-1.1-1 1 .. ................ ........ . . ............... ....... ..... . ...... . ............. .......................
9.12 [3esign
............ . .... ..
9.1 Improvements
920 Stinfa)fs and Monliumenis
III II` 19 104,
GI III EIRA! 1:::)1::Z0'V11S,110NS
Secti1cm!is::
,9.,014. 0110,
ritle.
9.104A)20
Pli apose and m,itlhoiri-ty.
�3.014.1)30
linteirit.
9. (M.04 01
G-,einerW re�sponsilbilifif s.,
M4.0510
C c)im jpll liar ce,
S). (A.. 1060
11'.)efinit ion s..
5.). 104 X170
VaIlicility,
9.04.01,o
................. .................. - ............. .......... ...............................
I Ihif circlinaince cc),dified in Uhis titile. ill The c,,;,.-ided the "Subdivisiloin (Drdim-.3irnc;c, of thie City
of E)iubfin." (Ord. 1...91 1 (8 1.,0))
9.04.020 11:::1urjpose and authorit.1f.,
.......... ................................ ... ........ ........... ................ ............... ............. - ............ .......... ......... .......... ........... ..........
11 hi:� tifle shy. -,iH rif gu datie ,�ulbiidlivisioin withirii the area c)f the city pursuant to
the Sulbdivislion IIfialp Act c)-f th:111 state of (,'alifornia. (Oird. 1....91 § 1 (8 1. 1)1),
9.04.030 Intent.
............ . ..................
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119"ITAUR—M
�,.04.040 General res Pons! b! I ifles.
.............. ............. .... . ....... ................ ..........
officers, or their duly authorized representatives, shall have the general responsibilities
hereby designated.
A. 1. The Planning Commission is the advisory agency for the approval, conditional
approval, or disapproval of tentative subdivision maps for five (5) or more parcels.
Community Development Director or designated representative is the
advisory agency for the approval, conditional approval or disapproval of ter J,
- wo"'.6,0
e parim ents 5-T771 AW I i c a,*,-Fn cles a 711, lipon Z��,�ea i, I eFoI u f It-0 let eorl 107M
Planning Commission or City Council.
C. The County Health Officer is responsible for establishing requirements for matters
affecting public health.
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I Ihe Builkling Officlall is irc...m1pininsible! -for en-'N::)irdng the i °)irolvjsic iris of t1his dhalp-tivir,
i rn attim thi at arr, in t1his j ii iiris�:Jicfioin f the City Fc.:)ir si� ii u::,I iF
Im.,irpose, thile M.ii1dim.] OffidW sN'AH havif t1hie Ip(::mleir to isrsue (".1taltiolinis, Geaseanid des.'lst
cirdeirs, arid otheir ,,',iIpIpru::)IpdHte ordeirs linvic:dving 0iollablairus ii:::)f jpirovi,�.� join is Uhis i,�,J-mjpter,
The E..'DillulbIllin Sain llf:Rainnioir) Senelices, Distilict SIRS is
and rac::p ii ft-)ir vwater su Ipp ll y , Watir ir im.,),, uA)ra
stemiateir collection,
war as'il:ii ir tire',,..atiment airu:i vivw:itE)MAlatea disposaI., '"I hii irr.sI ponsibliIlty inicluldes lbu. t is' iru:ilt
llinniteld tol the lqii.iialfty oftlhe iiie�clessairy ini-frastin �ctii,.iire to, proVride It.hese seirvkx,.�s,
t1hie operation and innainteinainicle u::)f these fadlifies, and thl('.,, iiiniiain t1hilis
cloinistructioin of these fadilities Whk:::IVii Ihas -the plotlen1bW to limilpact the s(:sir iic Ipiromftlieniat,.
(Ord., 5 96 § 1 Opalrt.)', Oird. 4 96 § 1; Ciii'lid. 6 92 I§ 22; Ord. 1....91 § 1 1(8 1., 3))
9.104.050 Com'vipllaiince,,
.......... . . ...................... .... . ... . . 11.111._.._l .......................... . ........................... . ............... . ........... ............... ................. .. . . ........
A. No real� piropeinty, air porfion theireof, s1howin on the la-tiest equalized m::)ii.u--A.y
assessim& i-t it ollill as a unit loir a ::*intlgiijous luinits ainid 11 ling Wholly it paillally, within the ii
y
shall be 0,u ded kAiii two 1(2,) loir irn oire. parcelisfolir thie purpose of sale, Ilease or Hirianling,
w1hetheir limirnediate or ft.iture, Unless pirk:)ir their(,-.-.lAx:) a tentative rnalp iii is acted ujporn airlid a..
flinW mialp lsir 1pairci 1I inrialp has beein filed in With t1l"mn provisions iolftlhs fitle,
excelpt::
1. For tIVu-.-.,, cases of siubdvision for w1hich ffm) ;i:.X::IhAsoiy agency waives tlf'�le
ine.,quirervileirvil: foir filinig r.-i Ipar cell rinaj::) baseld loin'thie, finis :11iin, s..,:
irh a
-t proploisied subdivisioni cl(..)rrq:)Hes With it r.,.qulre;,,imept, as try airf a.'
h"inprolveirneint. ainild diesigii-ii, flood anid wa-teir dira-iiinagle, cointinol, appropriate
impiroved Ipulbliic iroalds, sanita-iry disposall facillitilf'IS, W,.ateir >Ulplplly a,VrOalbillity,
eiriviroina'ientall '..3nd otheir req.Airrainnients i:::)'fl:Ihls chaptleir,
b. .... 1I hat'Wahiling tlhlf piair(,:;E.fl malp vvilfl not Ibe imatif rially detiim(:',,i to the Ipiuwubliic
%welfaire and
c. IFill fiIjing s.)f a Ip,;i:.M::,eIl 171@jp 'NOUild iiirinipos i in uni iis; iiW hain.'Ishilp to Idle
si ilbidivider; aind
d., All :Rdclpteld uIltiiirn t iro ad i"ight Of Vla)e froin-fling stair tll--v%: xsgll--i thie jparcel!is Ihas
been dedcatq �.J to air Ipuir dl-'msed Iby the dity; 'Dir exs :.,.ejpt
Z I FlDr cases of fc..)ir 6t?iier of the
a.. 'irlhie subdivisibii'i iis of a poilk::)ini :::)f thir..-.,.^ olpeiratling ii-ight Of Ifflay of r,,i ra-flIFIDald
corporaboin, as, defined lby Selci 230 of the Public Utillt!e Colde, Which is
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created by short-term leases (terminable by either party upon thirty (30) days's
written notice), or
=10��
I 1� I � 11 111 1
1111ll iilrq; - !1 11 Fill
C. A tentative map is required but no parcel map or final map is required for the
following Gases of subdivision:
M�,
2. The subdivision is for the purpose of leasing commercially or industrially zorr&i
land for a period not exceeding five (5) years;
3. 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 dghts-of-
way, unless a showing is made in individual cases, upon substantial evidence, that
public policy necessitates such a parcel map;
4. The land before division contains less than five (5) acres, each parcel created
by the division abuts upon a maintained public street or highway and no
dedications or improvements are required by the Dublin Municipal Code or the
Dublin City Council;
5. Each parcel created by the division has a gross area of twenty (20) or mor-A
acres and has approved access to a maintained public street or highway;
6. The land consists of a parcel or parcels of land having approved access to a
.14 rn
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or coirnmeirr,41 develolpimuzilrit, ainid which Ihas the aII::)I,.)irovai of tire city as to stir et
aligiriments and widtlhs;�
7. LJintfl Jain u,.j airy '1, 201013, the lairid be i in g sull:,')d 1vided i s so Ile] y for the creation of an
einviroininneintalI s�,.jbdivisioim
11:).. INo if ersoin v.flhali se�ll oir lease or coinh'alotto sellI or lease airiy subdivisiori, or any part
theireof, iaintHH a firai nrialp it paircel tho:..ireuf iin fulll connilpliance With the 1provi sior-is of
this t tie limas bee in fli lied ii in -th le office of the Reco irdeir of AJI@ imeda C ou inty, exce Ir.)t fo ir the
cases listed in su,.jbsecfior 11::.3 of ti--iis section foir wIhk:.Ih oirilly a tentative inalp ineed The acted
11:::::. A,iriy deed of coinveyaincua, salle oir co intirw:,t to sell irnade contrairy to the pro visions of
this tolls is voidabfe to the extli"..',mit alflowable wind fini Me f,.'-i;aime maniner I pirovided foir violiation
of thus Su. bdivisk:)ini IIMap Act.,
IF. Any sal1e, co intiract to 11, or deed of coinveyzince imade umtra iry. to tlh 1pro, vii si oinc..' of
this fitle !is a imisdeirnearioir and its 1pu nishablIe I by a fine of inalt 1v ss, t1h ain in Ihinundire d
d o i i a irs ($100) a inid in ot rino ire thain one thou san d do i l�a it ($1,000), or 1 irn 11,).irli s-,oirinrie int i ri t1he
Cour-it y Jailifoir as peirk::)d of not irnclr than six (6) m::)inths, oir Ibotlhi, ,
(.3. At stmh 6inne as the IBuii11 diing Officiali ibeconn es awaire of as I,..-..iind division uini violation of
the pirolvisions, of t1l iiis flitle, he shalli ire colird a inotk:.le of iiriteintion to recor'd a notice �::)-f si.xhi
violia-flon in the officle of t1he C.'ounty Recorder of Allarneda Courity, desciribling, the laind so
dividel�:J, inaimling the owneirs theireof, and descirilb,hrig the violation, and to that sini
oppcirtuinitt( wHi The giver-i to the owner, to pirem)int evidence, A copy of such notice vil li i The
mailk.y,d to tVie owner. 1 Ihe m::)tk-,.e s1haill spl as firne, date, ainid II::)lace at Which the owirier
imiay pirll e%4deince to the advisovy agency why such n(::)fice s1him.jid irlot The recorded.
If, afteir the owneir Inir,'is piresented evidence, Ht is deteirmilined that there hay Ibeen im::)
violation, the Buillding Offic4i shall[ recoird a irel1ease of the rwfice of intention to irecoird a
notice of violatJon. If, however, after the owiner haq preseinted e0dence, the advisoil(
,...)geincy deN:..,i7rniim:µ�ls thatthiq 1piralpeirty hias iri fact Ibee n ilillegaily divikie(J, oir [if miitti n shll.
(601) days of irecelilpt of such colpy the owiner faHs -to infornni tlhe locali ageim:;y of his
objection to it ecording the riotice of viollation, a notice of vk:)1atk:)n shaiii Ib e recorded with
the County Recorder. I irw:ytice of iriteintion to recoird a notice of violafloini aindthe inotik,',le
of violIation, w eirl n-�,,coirded, shaH The deemed to be constructive rill of t1he violadoini to
a111 successoirF; in interest in such "I'lhe County Recorder shali iiirn dex 1:11--ile inairirie......s
of the fc;;,e owiners iiin i the geneirall index_ Nothing in thm se�:,flk::)in s1haii Ibe deenried to reqii ii ire
suc,lhi irecordiing as as m::)inditior'i pirecedented to the einto i%mability of ainiy otheir pirovisk:)n of
this dhalpter,
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All words and terms used in this title shall have the same meaning as defined in the
Subdivision Map Act, except as expressly defined in this section.
"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
i 6rm �e, ai di�rq- kryt 6
acting in such capacity, are not "subdividers."
"Vesting tentative map" means a tentative map for a residential or nonresidential
gubdivision, as defined in this title, that shall have printed conspicuously on its face the
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WC)irds n ' pited 1l eintative Map" at the finne ill: is filed iiin accordaince vvith Section 9.40.1041),
aind is themia-ft-eir processed in accoirdainice vviiflh ftie pirovisions Iheir ecf. (Oird.. 4-96 § &
Oirld. 1 F311 § 'I i(S 1-5))
9,, lD4..,10'7''D" ii(:;Illi-il:y
If anyslisicklonu, subsection, seintramc.,e, clause or plhium,;e of this tifle, its for zany reason hie[d
tc) bie, linvalild oir iiiinicoll�"IS,li�t,llll:u'DinaI Ibly the decisioni of airy couid: iof
r.m.icb slhafl inindl: affec-ft val6ty of -the irr'wirnaiiniw l:>Drfioinq,.'.,, of thilis tiltle. �CIty
Ii
Clouiricil, ciot.11rlty of Alaia'iieida, stah-.? of C..,mlifoirna, heirii,�.,flby declaires that !it mmuld tiave
I ssed this title and each sectiloin, Su seintencie, c llaii vsir i-mr-ild 1p1hr,.1 se there.,of,
inrif specAiiviu'." Of lhi ,�, fact fl iat ainy, one or innicAre, sieicllJoin, subt.'iectJoins, cll at.,iise oir 1p1hirasies loe
delclaired invalid loir (Or-cl. 'I -f-31 § 1
Clhapt,eiii,, 9 06
:.I
EIII' 4VIII I11:10NIMIElM I AIII SUIII:..: III[III VIII S110 III' 4S
Sectioi,"is:
9. 06.1010 11 rivil 11D in meinta 1l subid iv! on die ff irned,
9. .i 2 IFiirir iings of a1ppiroval.
9.06. I ResbIcAlcmis on coind, bons, of approvall.,
E). 6.040 peirnriitfirng
9.D lD50 Alplofi cation clinly upoin
9.06. 10161C) Scxinset date,
9.016 101,10 Envfiroiii--urneintal st.,ilbdivisibn cle-fined.
.. .............................. . ............................................................... . ....... . .............. . ................. . ...................... . ..... . ............................................ ...... . ......... . ................. . .......... . ...............
,sulk: divisik::m" irnew ii r, a s, ii.ibc] 1v islioini of k,.-i ind Ipi,.jn ,.,ii,.j,ani l: to tti is c1hapt ir fc.).r
bic,fl.ilic airild wildlife Ipii.,iir pc-)ses that inneets ail of fl--ie cu--iclition,, specified SeOlion 9.016.0120,
(gird'. 4 .... 6
.p 4 (1paiq))
9.06 020, F::lin&iqgs of appiroval.
. . ..... .. . .. . .. . ............ ......... ....... ... ....... .... .. . .... . ...... .......... ..... .. ....
l:::IriIOir to approyring or coin&tioinally appiroviing an einvironnniemAN sulbdivision, tlhlc.,,, cit 1hall
hind' each urrf t1hefollowing:
A. That factuall lbiicti c olir wildlife data, or Ibotlh., wire or will The availabl e to the city
approvingthe einviroinimental subdIvIsbn to suppoirt the appka-doin -fair approvWp
R That Ipr ovisions Ihave lb n imade for the pleirpetuall imajinteinaince of tlhn IpircIp eirty as a
blotic oir wildlife Ih abitat, or Ibotlh, iiin accordance with the conditions specified byany lIocall,
state oir fed eirall ageinC.yr requiring imitiga-tion;
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D. The real property is at least twenty (20) acres in size, or it is less than twenty (20)
acres in size, but is contiguous to other land that would also qualify as an environmental
subdivision and the total combined acreage would be twenty (20) acres or more. (Ord. 4-
96 ► 4 (part))
9.06.030 Restrictions on conditions of approval.
................. ..............
Any improvement, dedication or design required by the city as a condition of approval of
an environmental subdivision shall be solely for the purposes of ensuring compliance
with the conditions required by the local, stateor federal agency requ[ring the mitigation.
I'MISMU=
2, one of the parcels is being used, set aside or required for mitigation purposes
pursuant to this section;
3. Upon abandonment and reversion to acreage pursuant to this subsection, the
;asement for biotic and wildlife purposes is extinguished.
B. If the environmental subdivision is abandoned and reverts to acreage pursuant to
subsection A oft is section, all local, state, and federal requirements shall apply. (Ord. 4
-96 § 4-(a }}
9.0 6.050 Application only upon request.
............... 1-11, ........................................ ...... ............... ...... . ..... ............... . ..... .............. . . ............... ...... ........ .... ...........
The chapter shall apply only upon the written request of the landowner at the time the
land is divided. This chapter is not intended to limit or preclude subdivision by other
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lawfidl inisains fortl'"Ie 11"11 0filgafliolin! of liirrnlpacts tio'Uhle Dir of thie Ili iii --iid diev eld to
Hh n Ipl uirploses, it to a °, eiqiulv-, e Chile divisilon f Il and Fai N:II..n lesie pluq )ioses, (Orid. 4 96 § 4
9.016.10610 Suinsiet date
- ........... ....................... ..................................................... "1"" ........... ..... ................... ................... ....
I I Ili$ chalptle.ir shall tern-ilinate oin [Deceii"il"ilbeir 31, 210,012, puirsw'.u--A: to Goveirr-n-neint C'P'nde
Sectlion --i 6316418(g). (0ird.. 4-96 § 4 (jpw 1))
Ct'wpteir 9 108
rEIM rATIII'VIE 11111AMIDS
Sections.-I
9. 0 S., 10, 1 IFl ersoins aii.ithic)dzed to prepari'.,,r.
9. (.118. 020 IF nW inrn „L')jp Dif” 1pr j I--*I imalp inu inns lber.,
9. i0 l F::�oirnl
9. M 015C) Di -it a and vinatei1W to a<.,,rcloirnpairy 1711ing..
9, t , 6 Il eadrig,
ll 070 Public nic)bce.
9..M:3. 0
9,08AD1,911) -tii,,) lcuity' ordinainiCe.
9.08,1 1011101 ,p 1r
9.08.1-10 , I im le fo it ac-,tic) in or rejplc:)rt..
9..108.1210 E.::.TN-:Icbve perlod.,
9.,08.,101. 10 F" e irsons a ut1hoirized to 1p ire 1pa ire,,
................ ...... . ........... - ..... . ......... . ....... ......... ........ . ......... .... ....... ......... . ...........
AU tentative innalps of siubdivisic)ins of five 1(5) oir innore lobs slhafl Ible priejoarf IJ Ibly a
ire g1s'i1'eir1(';,,d civH einglininaer or fliceinis Il airild, suirveyc)ir. All otheir Lei�--Aafive ril"m1ps imay The
pirelparelcl by, any 1persoir.. (Ord., 1...01 § 1 (B 2.0))
!1,101 ,A) IRinrn al rnalp sir Ill ircell irnap FILIM11kmir.,
I ........... I . . . .......... . ................................... ............................................................... .............................. ............
I Ville fill"M imalp or paircef inl"iap inuirinilbif irshall The ;asslgined by, and olbtahnic-;�id frorn the Cicx,,iinty
IRiracinrdieir. (10ird. 1 ...9I § 1 (8 2. 1)1),
9XIaL0301 Fifling.
.. ........... ... ........ .- ...................
1l Ihe flirnre of fifing shall ble, tlhelhinnie at md"Ilch ain ajl,')jpficatloin, th 1prescrgb d murnbeir of
cojpues of the -tiff inta-tivie rinalp 1ri 114r-.. , fornni reiqi Jir d airild the fifing feia aroz, receivc..-A k')y 9"Ile
D -95 § I (1p --, Dirld. 1 1 (8 2.2))
Goirringiuvil'ity E,' int Diire�ctoir. (10ird� 5 . 16 . a
9,0CID40 Florm.
........................... .............. .................... . ................. ...........................................................................
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I rom
b.08.050 Data and material to accompany filing.
............................... - ........ ........
For any subdivision into five (5) or more lots and, when required by the advisory agenq
for any other subdivision, the tentative map submittal shall include, when requirE
MNZM=
A. A preliminary grading plan prepared by a civil engineer registered by the state of
California;
1-
%�, A report evaluating the geological conditions present, prepared by a geologi
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 indicating and committing that sewer and water service
connections and service can be piaced on the proposed subdivision. (Ord. 5-96 § 1
9.08.060 Hearing.
............................
The advisory agency shall conduct a noticed public hearing on all subdivisions. Hearing
procedures shall be established by the advisory agency. (Ord. 1-91 § 1 (8-2AI))
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9.08.0710 Public i hotice.
............. ........... . ................ .......... ........... ..................... . ..........
The advisory agency shaH give a plubfic niotill of the tinr'ie and place of hearing on a
SU bid ivision bly posturn a lotic ies niot less tha n ten (10) days prior, to the ir-i rfiad hiell nig o n
the n-mfter. I hie noticeshaH driir;Wdie a bi6ef diesicription of the docafiion and design of the
suibidivisilon. Notices shaff ber)laced not mor ie. than five hUndred (500), 15 et apairt along
ea& strielet abUtfirlg the proposed subdivision extending at d 1 three huridre d (300)
feet b orid tll"ie slubdivision. h i i of an al,.)peal, this fic)rm of pubillic niotice shaH bie
g ivie n i n addition'to, that req Wred u rider Slectio n 9.0S'.100. (Ord. 1 -91 § 1 (8-2 A2))
9.018,1080 Action ................ Subidivislion.
,'I,-,-,,,,,--.., ....... I., ... . . . ............................................................. . ..... ..... . .............................................. ....... ........ . . ....... ............... . ..............
The advisory.agemcy shaH approvie, conditionaHy appr'olve, or disaq,,xiove tentative rnapis
Of SlUbidivisions within fifty (50) days after, cer tification of the environryieintW iiirnplact repillor"t,
adq::)ltion of a negative dieic�aratjon, or, a determination by the CorrimUnity DiE.,welloprnill
Director ftia-t the project is, exempt frior'n fl ie reqUi[,ernents of Dl6,Vri-
',iion 13 (1 rnenci rig
with Section 21000) of the F:1 u U is fRiesou rcies C ode. Cond itions of a pi priovW may' in lc' ulde,
but are not Hmfted til diedication and improvernierit of streets, afleqs, in'CUding ac es
rights and abuffer's' rights, drai nag ia, PUMIC L11flity easements and other plul'.)Iic
easements. (Ord, 5 196 § 1 (part); 0rd. 1-91 § 1 (8-Z5))!
9.108.10910 Clonfor-maincrie ter c4 or,dinanicc,,
............................ . ... ---- ....... ... - ------ ...................................... .... . .... . ... ... . ........... ........... . . ........ ----------------------------------------------
No, tentafive rnaplshafl ble ap proms' eld wKich is not in clonformai nce with Ih rovisions of
this fifle, flhie city of DlluUin zoning ordinanicle and any ot1h1E.',,r ordirianice of the city. The
appilicant shaH be responsUe for attauning conformancie with the te'hnIative mar.:)
requiric"wriii of irather aigienck.',�,-. (Ord. 1-91 § 1 (8-2.6))
.08A DO APIII ea Is.
................
All The Manning Commission In rid be VPd:>eW l for, dielcil of thie
Gor'rimurity Development Director, ZoMng Administir"afor oiii, Clon"ir'niunity Dieve[opment
Urieclor's designated representative.
2. The City CoiuncH sl'iaH be thr app,E.,,al bo,ay.d for- de6sioris of Ilhe F:Wnning
Commission.
Bi. A iUsled herE.'.,,in, the term "interested persoin adveirsill affil means any city
dio-pla rtm lent, pubfic algency, plubfic Lrflity, or, any persior"r c4rning that t1he decision is filkely
I uwr SLA in plersoinad econornic doss or� dairriage. to N iis prioper"ity.
C. VVithin fifteen (15) caienidardays after- au ti tViesiubidivider- may appeal anyi action
Wthe advtsory ricy. Ykppea�s shall be subri,iitted in wriffing to the City Cterlk, SUCh
appeals shall referenicie- t] ie�, tentative rT'iap nUmber and M'iall stater fufly Mile, nature and
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extent of the appeal and the reasons why it is taken. Such appeal and the hearinc
thereon shall be conducted in the manner provided by Government Code Section
66452.5(a) and (b), and by subsection IF of this section.
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limilpirolviernileirit. c)f the N intative irnrn ap. Expliratl[c)irl dates of appirovii, d tentative malps irn,...iy ble
exteirldecil pi iiirFm-iiain't to'I'lhe pirl()Vr scorn c)f Gc)veirinmenk Code. SelclJoini 66452.16(a). (Orcl. '1 91
§ 1 (118-2.19))
Chalptlemir 9.12
III[DESIGN
Sections.-,
9.12, 011 C.), Geimen-31 ireqtjiir( inne ink &
9. 12. (.')20 alignmeiril.
9.1 2.1CMD, Strc...,,eit aired x1111 gracles and iii
9.12.10140 ICS #Ilock s.
9.12.105101 11 oll:r,
9.12.101601 Gradling,
9.1 2.07C), lI: it slain airild sHtatiolin coirrtirc)i,
9.12A)ER)i f::Iocd (hazards,
..1 .0190 E)lf 161cafiloins.
q.1 10 I ReseirvalJoins.
9.1 .110 Advisory algeirm-yi innayr n;-,n.ithoidze excelptJoins..
9.12.,10,110 Geneirall requiremein-ts.
........ .......... . ................ ............... ............... ............ . ......................... ................... . ....... .......... . ...................................................
lirn addition -to
ythr..% i5pecific it.fli,3 1c,halptleir, t1hile ii of the
-to U.-le Satisfaccion of tlie aclhelsoiry, agency, a oinforinn to t1hie, lair-Ddand
dir-ci.dation 1picillicles of the city of Dulb1hri gerieirai jplairn and iIs and
ainy c)-the ir i licli a 1l ly aid opteA s joelcliffc. 1pill an or land develop ineirit poficy, airid rVmll culoirrn
t.1c) the dity of EN ii bil 1i rii zo rii ri g in irdmaniac, ciffi icia By acl[c) pitir d rta rilida irds for st'reets arid Iran ads ,
giradirl,g, eiraf.;Ioiri aired' siltaboin, coinfirol, seismic saWy and desligin stwildairds adc)lpilif id Ihy
t1hilem t-itill-ty, firc.) 1pr otlecliloirl, s�a.rlltairy andfloold Gointiroll ldist:lilct.s Jri mdhiclhi the lairid dhilsion i!s
lloc;ated . .... 1l Ihe slizie ,and alllarm,ileirit of vtreiats anid )Naflkis airild thle lm;afilon airid c;oirifigiijiraftin
of s, 1-tes -fair I ats, sclVu::)oi s, parks, a irid isle null a it ftacll ifies sh a] 1l be coolird l� inatled i the
a] l.ticijpaitl(''. ld of the -fl iltlt.jir� polphilulation, t1hile jpilhysica� chairac".11mi.,stlics of 0 lie lanicAl
aind Ulhe mw,r iranurnir7uawint ell irequ remrie nts of fl st.jimiunding coinninnuirflty to piroclkice mire
olp'birinluinn lh iinnairi, halbitalt.. (Oird. -1 9 -1 § 1 (8 3.
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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 one percent (1 %). Maximum street grade is twelve
percent (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).
9.1 2.040 Blocks.
............................ . .. .............. ..................... . ....... . .................
A. Blocks shall not exceed one thousand three hundred fifty feet (1,350') in length
INN 1�16
ond-771CITM"Um, my Tf TM I I-,;F R I
thoroughfares in order to reduce the number of intersections.
-W. At street intersections the block corners shall be rounded at the property line by aL
z�u rve to provide at least one h u nd red feet (100') sig ht di stance d i agon a I ly betwee n two
(2) vehicles approaching the corner on intersecting street centerlines� the radius of the
curve shall be not less than twenty (20) feet. (Ord. 1-91 § 1 (8-3.3))
9.12.050 Lots.
I ............. ............................................... ....... . ............. . ....... ............... . ...................... . ............... ........ ...... ............... ................. . .... ................................................
A. Lots shall be designed to meet or exceed the rninimum 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 sub ated.
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B. Lots, a nd the g radin ffiereof, s hall be of a size and s iapie to accommodate'llhie
us ies that reasionably COW d be ext.:)e0ed to occur unider existing Zionling with
consideration given to d-ile firnitations of dopicgrapiny' arid sioil con6dons, and thie. n1i for
providing access, privalcy and preserving natffal feat Ures of significance. (Oird, 1-91 § 1
(8-34)),
.1 .i00 Grading.
....................................................... ..... . ....... ... . ... . .........................
Subdivision gr ig shaH rcionrorr'n withi t] ile intent, V.-,,nera� requiren oents and Ilot design
requirements of U iis cilhaptier, EaiaH be clonsistlE.-mt with recornmenda don s contained iiro the
sofls-gieologicr inviestigaticiri rrel:)ort, an l -')Ml specifically clanform with all di
starilidarcis and criteria clontainield in the city of Dili grading ordinarice. AU SlUch design
staridards arid ciriti ar,E.,,, inicorploratield herein ley reffewer-me. (Ord. 1-91 § 1 (8-3Z))i
9.12-07101 Erosion and siltation control.
...................................... ............................. ...................... ............... ... . ..... . ........ ....................
Erosioii i aind siftafion ciontriol faicifitiles, shafl contro and ciontair il'OlSiOn-CalUsed sift
diepicisits and provide for thie, saflu., disid-'iarge of silt-frele stormwi into, exisfirug StOrry'i
drairi, faciRties arid naturaiwatiercOUrses.
A. S[opies. The facie,,s of cut arid fill slopes shush be! preparied and maintained lo cu ntrO
agairist lerosilori.
S. Debris Basins. Debris basins W'41 be urn stali ed whiEniever and wherever necessary
tio Protect U ue siubdNil!sion ar)d the properties be[ow thie subidivisilon from erosion and
siltatiion,
C. Teii nPilorary Debris Bas n s. Tearnpiorw,yr debiris basiiii is shaili ble iristalliE%.1d p iiOr tic)
cou'uniericing grading operation arild shall be, m aintairied uii AH fl oe erlosilion and Skation
control rro ra r,urei Ilhav e been installeld and are feu ly effe1aUv1E-',,.
D. Erosion and sittatiloin icontrol me,aSUrGM shaH be con sistenk with thie
reciornrniendaltior is clontained in the priefirriinary soils investigatilion r(.-:port and flhe report
L,'�drak,iating the geoliogicW condiflons presient. ifu ird'. 1 9 1 § 'I 1 ..., &16))1
9.12.080 Flood hazairds.
...................... ..... . ..... ...... . ..... ..........
Wher(-.m ails idivisiori is proposed which lies partially oirtiotallyWithini an area designated
oin ivialp li relp air ed by a governimental agency lhavin g a special flood tiazard, the
subdivider shallli make Ipr ovisions to minimize darnage to striijcture�s and irriproverneri1s,
irick.j(::firijg those of lip i1blic u.Aiilliiftiies....1f 11--ie subdivideir shaU provide adequate drauria.,qe to
exp::)sii.jr(.,., to such hazards; and shall) desigirl water supply and sainirtary seWage
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specified in Article 3 of Chapter 4 of the Subdivision Map Act subject to the procedurm
and qualifications specified herein. (Ord.
RMCIEZME A�
C. Procedure. The public agency for whose benefit an area has been reserved shall, rMI
the time of approval of the final map or parcel map, enter into a binding agreement to
.?,cquire 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 againsl
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 M
any loan covering the reserved area.
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E. 1 err nination. If Dtu piubk agency ,for vvl•icisie bieniefit an area has been reserved does
niot enter into, a biriding aigreerneM un acco,rdancle wM r this seicfioiri, the reservaton of the
area shall autiornaficafly terrnp nap e. (Ord. 1-91 § 1 (8-3.91))1
91412.110 Aid viso ry agia nicy may aUtlh orizie excia ptio ns.
"Il,,.,.,��1.1.1�l.,�.I."�.".� .................... ...... . ..... ...... . .......................... ....... .... -- ............. ................. . .................. - ........... --- ......... ........ ........ . ............... -'.- ............
The aidivisiory agency may, in the exer6se of reasionaHle juldigrylient, grant variances to
the ii e, iq lu l rements of 9-1 l--i pt .,r, for stire-e-t a l 1 g nirnent, grades, vvj i I enngtIhs, hil ock
diesilign. n-ti lot width anid effelativie lot fro ntage, and to all subjects ref rreld to uj
Seliclions 9.12,016 0, and 9.12.01710, as 1 s die,4 ermlned 'war airranteid byr topograpil-k firnitations
or soul or giecilogicaW cia� 6 ficins, the opi piortu n ity for wuiore eff e cb,v e a nd des [r able W. end'
utflHzation, i stiowing that under lhe PWIl Mdar iclrcrurnstanices an afternate sWii 1dard
would meet or surpass the lntierft f this g1vL-'-v r requirer-ner-it, (Ord. 1-91 § 1 (8-31.10))
C ha p-tie r 9.116
IMPIR0VIE1Rfi1E.:..:.IM I S
Q ,
Sections:
9.116.1010 D�i ityofslubidii,vd er,tio,iirip 'ovies-tirc.-,r Ds.
9.16.020 Riequiiii,'ed
9. 1 6.030 R1eqWii,')e1d jrnpriovierniiant� ............... Unrifltations Nr suk)6 i undo faii.ir or [es s Ilc)ts.
9,116.10410 Standards, for lrnpirovervent,,;,Y,
9.16.05,10, Mspecdon by City, Engineer.
9. 1 rd.1060 Cost of inspelf3filion.
9.161.0710 D pos,it to cover cost i lnspecl on ............... Shoirtage ar average.
9.10.0810 Seciudty—Methiods.
9.'10.09'0 Security—I arms.
9, 1 16. "100 GornPefion of ur'T"ipirolvemier ls,-.-...As-b'Lu lt draMings and decilairaflon.
9e 10.110 Sup l:)perneriltal lrnpirovernent capauty,
9.1 iB. 120 Ekkdgies anid major Morolughfaire-is.
9.1 16 - 01 0 Dui y o"I" s lu bd i vilde r t.10 im prove streets.
.......... . ....................................... . ..................... . . ...... . ......... .................. ....
The SlUbid[viider may hie required tio irnprove all streets, Viighways, pubHic viva and
easernents'which are a part of the SlUbdivisiori, as weU as iii,'np overnents thiat may not be
part iof th le subid iv usion b r�u k are afl"ecteld by the s Ui bidMsl on. (Ord. 1 -91 § 1 1(8 4.01))1
9.16.020 Required improviements
.................. . ....... . ...
The reiqOred lrnprovernents shaH inGUide:
A. Grading and surfacing of streets, highways and Ipulbllia ),vays, and the drainage
thereof.
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B. The grading of the lots and the drainage thereof as may be required by the design
of the approved tentative map.
I
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
MM
I I
supplier. (Ord. 1-91 § 1 (8-4,1))
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be noticed by certificate ors thle p iarcei mar.,),, on the iurr tirUrne nt ilicing the w i-v r, of
such p ar eu rail , or by separate iii ..n traur ent and shall be reclorr ed urn, concurrendy with,
or prior to flhe parce, rnap or instrument of waiver, of a prarcuw map, beinig filed for record.
B, F:: IJH[Mierlt & SLich constructiloin req uirernients Mi lli not be required until Sinich time s
rr"7roit or othill grant of approval for d v toirnment of t1he parcr i is issued by ny, gag nicy,
of ti ie pity, or until aloud °r timile as tlh� construction rat' ru h 4'ripiroviarrients is regii.uh -ed
U ° ::)LursiUant to am agreernent betwill the subdivider and tt'oe [Dical algiOncy, except tt °oat in
the absence Of SUch an uru ien"ient„ ua. l ca ra e�",,n y may riE.',quire tusuiiiiirrne nt Of SUGh
con truuctiroin r iligUirer'rne nt within a reasonable turns foHoloving approval Of ttn pl rc +i map
and prior tru thie i sueu rnou� of a p rrru 'uut oir other grant of rapparuM for tlh v' 01101mllSii °tt of ua
io ru' iel upon a finding by tll °'ne tro rwai age nCyr that fu tR11 mierit of tlhue a ion truucdon r q W re rrulin'. unt
is i ilecierssairy for re ores of-
1. The puubiic health and safety- rror
. 1h r ^ ^q uireld cion tiructtuwnio °n is a rieciessary prerequisite to the orderly
u'Wievrsicprru rat Of the SUrrolluniding area. (.0ird. 1 -91 § 1 (8-4.2))
-16.040 Standards For irnpirov me nt w
Excie pit as prov ilded ire siu b ctii n G of Suction ' A 6 10,20, a ii irrataiu "OVer ne,ints sha'li busy
constructed in accordance with t rad and ra irnr erirn pu °a tice anid in alocordance Vvitta
tarncll rd p ans and splecifications approvield bly, the city,. (Ord, 1 -91 § 1 (' -4. ))
9.116-060 Inspection by City Engineer.
Trine,,, i I irIgill r. shall have the rtglht to enter uu vrn tJie site of the work tour the PUrPOSi
& inspectiing the sairnie and stu; ti �.n turiirii ll,'uraud with Barr °#es of rnaterials as hie., may
require tair thU'^ making eau trusts tl deteri-riine the acceptability Ibilllity rat thie rnateh,Ws. (Or-d. 1 -91
1 (844))1
A 6.060 Cost of pin spttoin.
IFIhe subdivider sh llll 1pay to U-ile clity the actual cost for the iiiri plpu:ryu:: t.iioini of the work wind
(:.,heckling rrn t ri llrs. (Orr'. "n....91 § 1 (....4„ ))
„16,.0" 0 Delposit tug cover cost of inspection . . .......... Shoirtage or overage.
When ttaie! tarn ll rn•n p, or jplaircle0 rra p its presented to the Qty Council, the sulbidivideir II °n tll
give evidence that the has deposited with tlhca u:.-At Fin nce Il iiire�,ctoir rkiuirrn in the amount
estimated lby the C ty E n iiineer as being sufficient to low r the u:ysts of iirasper:t:ii in and
tests., If the rrnou.urnt su::y rtejpF ::)anted exceeds the actu.mi u:)st to the u:.,Ity the Srrrlbdi ider ;shall
be reiiirnbu..urred tu: r the balaince r irrn iirniirnn . If tlhe actijW cost exceeds the (ta::q)lo iit d
tnu:4 ;tn:ll wr , ; at uxTbtt: Ihra�. „�urrnr'u:, n'll a.:uihi..ruf , ,ulrru rrr.rt�'u�anrnp�tt�r, t. 10/18/2111 3
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-,mount, the city shall stop all construction until the land subdivider presents a receipt for
,, deposit with the City Finance Director of an additional sum as estimated by the City
Engineer. (Ord. 1-91 § 1 (8-4.6))
r. 41 Com pled on of 1 rn proverne nis—As -bu i It `t, aiifi n gs an d decla rad on.
11 ................... .......................................................... ..................
Upon completion of improvements, the subdivider shall provide as-buft 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. (Ord. 1-91 § 1 (8-4.9))
3 1
�1
B. The City Coundl shall deterrn�ne the method for payment of the costs required by a
reimbursement agreement, which method may include, but shall not be limited to, the
r
,MIS=
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I . .... ll Ine cmillection fircirn otheir 1persons., iricludiing pulbilic ageincieS, USilng Suclh
irnpiroveirneints foir the beirie -fit of ireHll Ipropeirty hot Within the v..ilbdivisioin, a
ireasoinailble chairge -foir skic,11h use.
2 . .... rhe con-tiribixtioin to tlrm.-.-.� suk>dlvd erut that pairt of tjN.,y cost of the irnpaweirnents
that is attributable to the Ib eiriefit (.,,ff reall property outs0e the sub divIsMoin and the
levy of a chairge'uIpoin the ire all Ipirolpeirty beine-fited -to r61milbume, the city for such
costs, together Wth in-teirest theirnoin, it ainy, Ipaii d to the siulb6vider.
3. The esta lb ll is hment and irin ai q-tenain c of local be inefit d tirlk:.ts Rx t1he (levy am:l
collection of sudl i chairge oir cmistsfirom fiie property lbene fited.
C, IN an ell irge, airea of beiriefit or loca� be ire efit. di9tirictt sll-mlll be e t bllii he u.uirmll ess aired'
untill Ipuulblliic Ih eari4 i g its noti cq d aind Ihe Id th eirf �::)in Ilb,y the Ci ty C . oijin 6 ll a rid the C ity
Councill finds that the chi airge, airea of Ibene fit pair llocall Ib einefit distirlict is ire a.,.,,oirialbly relatu:.!,q:J
to the cost of such supplenneintal iimpirovements aind the actuall ultirnate beineficlairles
theiru�,:A.
E..). In addifloin -to tlhi inotiice, widttein notice� of t.f' Ih earling shall The given to those WIllo
owri, Ipi%.)peirt.y Wtll--ifini the 1p irx:)Iposedarea u::)f beiriefit as showin r::)iri the last eq..jallized
assessinrient it oll, and the poteintiall iusers of the suppleinneintall irwilprovenients ins rat air as
they can The asceirtained at the finne. Such inoficres shall Ible innailled Iloy the Clity Clerk at
N;.,i�,,r.-ist ten (1 0) days 1pirior to th P. date estalblishec.:1 for the hearkig. (Oird. 4...9 § 6; Ord. 1 9. 1
§ 'I (B 4.10))
9.16 ."1 Bridges a nn d un „IIor t1hoirou q lht Tres
................ ........................ ...................................................... . . .............................................................. . ....................................................................... . . ....... . .......... . ... I ..........
A,.. Plu..jirjposo:..� I lh� pim 1pose u::)f this sectlk:)ini is k:) Tiak,u:) pir(wisloiris foir assessing an(J
callecting -fees as a coindition of all.,ilpirovall of a fin all imalp oir as a condition of issuiing.. a
ouilding Ipo irmit. fair the Ipurpose of defira)
jing the acluall oir estinnated cost of coin stia.wrti ing
birldges u::)ir irnaJoir p..jirsuant to Sect.k.)in 66484 of the &jbdhilsioin IM alp Act,
and ini oir(Jeir to implenrient the circiulation aim] sceimic highways elleirnein't of the geneirall
1pll ain and, in Hhe casq of bridges, the tiranspoirtation Ipir vAisions theireof, and ,to impleinnein't
adopted specific plains iincluding the 1:..:.'.'asteirn 113iulbfin spedfic 1pll an.,
B Definitions.. II" oir th pa 1pt.xposes of this section., the fojjlu.)VUr ng MfOirds and phirases slhaH
11--mve the follomi4 qq: imeanings.:
means design, acq ..jjsitbini of ijglh't Of Way, of
u uuuu;:utiriuu ti ire cointiracts, actuall coim..,tiaxtion wind inspection, ,
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2. or thoroughfare" means a roadway as shown in the circulation and scen
highway element of the general plan whose primary purpose is to carry through
traffic and provide a network connecting to the state highway system. I
��,Vrmrgmfiwm- Le
mmtml
a. Payment of bridge fees shall not be required unless the planned brJidge
facility is an original bridge serving the area or an addition to any existing
bridae facilitVi seDL[nl the area at the time Qf adution of the boundaries of t
area of benefit. I
b. Payment of major thoroughfare fees shall not be required unless the maj
thoroughfares are in addition to, or a reconstruction of, any existing major
thoroughfares serving the area at the time of the adoption of the area of
benefit. I
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P111.111, Pri ll?"age 23 of 49
l ::::IulbHc� f leari ing., 1:::1 ricir -to, qtr abIli sh, in c atin .wire of beiriefit, a piubll ic l-1 ing s lha. U The
held I the Cit.)( Counicill at Which firne Hhe bc.)iuridairies of Ill--ie @irea i benefit, thie
vidie-t1her actual oir estirnateld, airild a rnietlhod of all1loicalhoiri of ic*ststo the airea of
lbieiar..,fit rind -fee alpillpoirtioniment, airild 1.1he free to Ibe ciolllec',tivid, s1hailll be establisheid, Notice
of thii, rxilloilic Ih( shaH be givein 1p,tirsuarit. to, Gcmiernirneirit i Sectlion 651091 and
stiaill linckside pirf liminarY iinfoirma-ilJoini refla-tec.11to the IbouniMl airliras ofthiii:D, airea ofibeiriefit,
c.
.-stiirnat1e,1d i anid thile of -fee appii:,.)illi niriiniiiient.. Tillie area of lbeinirafit ima)ir lir'nclluide
land or l aidditiloin to t1he llair-ncll or which are the SUbject of
any rin,,;,ilp or buiilldinn IpileirinnJit.. applicatk::iiin conslcii�-,-,,ired at the public Ihieariing.,
IF. Arnot.-in't airnount. of flhie, and tlri( air)eas W bleiriefit. esha-lblishipaid Ipuuir sii.jain. to
tIr-fls secfioiri miay lbie estalbilllslhied lby resiolutiloir).
7
G, Nohmiths-ilm icilling the 1pirovls�oins, off siijbisection IF of this the
Couincill inriiay, Ipir ol'Ode '@-.1ni ifa)(if iilllptk-piru firum 1payirrein� of such -fees, lin the ire solliuboin
the aIrP-2 ic)f beinefit and an"11i of fele's..
.g 11
1. At airn y 11:11 r c)t. ir th an the Ih oii..j ir set -for 11-vin a iri i q:,j obje1ctilions tio, t.lhle piropiosed
k:)iric1c)e f",-.1cillity airild/or rina or thoirkoughfiraire., anyr ovifirleir of 1pirolpleiqy Wil be beiniefiteld lbi�/
J
the rinayfile a pirotest ffm piropi,)sedl biricice facfllit)r Oir inna,
jor
th oirotighfa ire or against thin-.?r exter-it of the aire a tio Ilbe by t1h iimprovieinrneint s
cir against Lmith of thleirri.. pirotiests irr-iiijis-il: be iinvvritirig arid imust. 1cionta.in a
deschIptiloin uftlhic'..'.., pirc)lperty 11,11 iifjr1l--flcIhi eact-i sigrieirther%'.o'f !is intiran....'n s try id, sufficilrinttic,
i tifyr 11 C q
ldif in ;)rolpeirty, and, if ,the signie;r's airs incA. s1hown cmi the llast equalized
assessirnc�m-il: iroi,11 as fll'16 O"Wineim of such 1:)irolperty, irniust cm, bie, acc.c)impairileci
by, vvirilltteini evidience that siuli sigineir-, aire OWineirs of st..icIri Ipir olpeirty. AN s.,iiuch
Cityr ClIel
protests stiaH be, diefliveired tio, thie rIk' irl 0 later tha in fivier Ii:. qrii. (5 : 01101 Ip., m.,) on
U ie dai)ii, of ttie pulblic Ihoi am-'id irio, ortheir 1pirotes'il: c)ir objectinims shy Ill Ibe
An'y pirlotif sts, i nia)( lbilf withiclirmAlin, lin wiriting, by, 11"1 le ommers rinalking such pirckests, at
any t1inru pirior to flhe coinclui of thile pi.iblic heading.
2. If there is awiriftein pirotemst. filed 4-th thile i Clerk by ,the ovvineirs f irnc)irq than
oine Inalf (1112) of t1I ie airea of pirolpieirty to lb benefited Il::)iy, thii'�� impirovu' nu ilt, aind
strfilicierit protests @ire snot vvithdira wins o as tio Ir edt.ice'llIhie area to lless,
than i half ('112) of ff-iatito be lbei iefited, thif in pirOPOSP-lid 1pliru::)ir-eeru:::Iliiir-i�:j s!i�I iia..- Ill t)ie-
albaindoined and the i Cirm iiric,,d s1hall snot, for one (1) year froirin the filling omf t1hat
written pirinitlest, cloirnimireinic;,e it cairry, urn i ainiy proceedings R")ir the safflf' irrilpirovei inicint,
cir t1l iiat 1poilior-i theireir.)f so I:Ine joirovisic)im..; cyll''this section.
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plum
R�0
agmMaMP
4;.20.020
Discrepancy.
41.20.030
Compiled map.
I
4.20.040
Accuracy required.
9.20.050
Retaaitcler.
9.20.070 Boundary monuments—Field survey.
9.20.090 Boundary monuments—Type.
9.20 .100 Street monuments.
9.20.110 Street monuments—Type.
9.20-120 Monuments—Timefors7ef(ing.
9.20.130 Monuments—inspection and approval.
9.20.140 Califomia coordinate system,
9.20.010 Field survey.
................. ..... .................................... . ....................... . ............................................................ I......, ...... ........................ ............... I ........
A final map or a parcel map based upon a field survey all be made in conformity with
the Land Surveyor's Act. (Ord. 1-91 § 1 (865-0))
map. (Ord. 1-91 § 1 (8-5.1))
.9.20,030 Compiled imap.
. ......................................................................... . .....
A parcel map may be compiled from a recorded or filed map if all of the following
conditions are existing-.
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A. The coirnpli]eid' nrmp is baseld on a fina. A in-iialp or 11pair-ciI'll imap fileld in U'i '7 icle of thie
Gouinty,lRecorder after January 1, 1916-4. or lor nr ecord of survey filed in the Office of the
Cal i,j in ty IReco rde r after. J anU a ry 1, 1,964, an d pricir to J a in UaIIFY 1, 1918 2, or Orl aill 011:1he r f lnaA
miap, pa. rce� map, or record Of Uirviey sub t to phlair ptaraA of the Cil IE....nglneeir.
B. AH of the exterlor boundary lines are indicated by AAA Ibe arings and distance on
solid` nnap.
C� Sufficient survey information exists n::)n said locate and retrace the exterior
boundary fines.
ID.. IQ least'. on1('..',, of t1hill ll::x::)undairy ljim'�,s can estalblllsbiid firoirin an existling
lirriieri-ted fine vvII--i4ch ls s1hiallm i on"i saild imalp. (Dirid.. '1 91 § 1 1(8 5.2)1)
9. 20.040 Acrcurac.y reqUired.
........... . . ....... ...............
An accur-ate wind coinnilpIlete Iltarau.airnudairy shalI Ible,, irnade of flhe llanid to The divided, A,
travilairsie u::);f tilhie extrarior bm.mdaines of the tiract or 1paircell and u f b1click and loll: Dir
pairciel wheirl cornpii.ited, irnii.ti:.;t close mr!U-ijiri 11irrilt of eirroir u3t 'f1i'Fl:e1('.,,n loine t1housandths (01.0151)
of a -folot lini lafitude and/or, delparture. 'll be field clheclked to in
iracy of oine In u ind redth (01,01) of .a foo-il: per orilia, iit ii inild red (100) feet ainid aing llir
nn l tj relInrient. for tw,ienty (2 10) sels::�io irv:J, of a ng lie and inot do ex , l five oline In u in id irr,,id l.'Ihs
(0,05) of a fiDoil. 1pou irit positilori. ( 0lird. '1....91 § 1 (8 5.3))
9.20.1050 Rliaima wind eir
ff Ithe i armlinider, of the oidgliriall 1par�::x.-.,fll slh0l)AIInI 011 11-1hel 1pairii�ell irin alp, has a giross area offlnte
(5) r.i(::,res oir inrimire, said ri�,maliirider may Ikaew a filelid s�,.,jiniey innay E: le liridicated lby r:Jeed
br'.'.mirlinigs ainlid distance slholvviri in k: raiiokiets; tlC'n Ik ls, slh,..ifl Ibe Mini the same Lms[sof
lbi�. arings as the suniley airild t1hir distances s,hm, Ill Ible in Feet and de!, igir)at1(,r..,d as belinig a "nix.xi
i�kjinteyed reirnalir-ider'.." (Dird. 1 91 § 1 (8 5l. 4))
9.210.1 ,T"r to cmin-teirIlInmes.
............. - ......................................................... . ...........
�Aftieiriever the Glity IEint, lirieeii lhlasestalbll shed tlhir centeidinfe ties shaIll
be mw:Je to that centedlir-ile and any moiniijimir int oir reft',,iremce )6int. tlhein:..l (0ird., 1 9 ,1 § I
(S ,,,6 5))
19.20.0710 Bouindairy moniuimentq—IF!elld!!,�ui�"vic...I(,,
...... .... ... ..... ............. '- .............. ........................
Molnuirineinills s1haIll Ihie se,-it, theirert(::), imajoir airigle polnts', and sll'ialI lbi�.
I..,
& iffildient iiin m inrilbill t.1r.:)gell'lVioirWIUl exisfing of iripic..,,ioird ft:iir tlN.,TM IPI Irlprntuwu ation or
of any plolint ioir line of tlV'ie extiri4air bill (0ird. 1 91 § 1 (81
5.6))
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Page 26 of 49
9.20.090 Boundary monuments—Type.
..................................................................................... . ....................................................................................................... . .... ......... . . . ... . . .. . ... .. ...... ...... I ........................... . .......
Monuments set shall be durable in nature, such as an iron pipe, and efficiently placed so
as not to be readily disturbed, (Ord. 1-91 § 1 (8-5.8))
9.20.110 Street mon u ments—Ty pe.
- .... 111.11 .. .. .. ....... .. .. ...... ........ ............................. . ................
Permanent monuments shall conform t o t he approved standards of the city for concrete
monument for use on subdivision projects. (Ord. 1- 1 § 1 (8-5.10))
5.20.120 Monuments—Time for setting.
.-. ................................. . ............... .......................................................... . .............. ............................. .............. . ....... ...................... . .......................................................
A. Exterior boundary monuments shall be set before approval of the final map or
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
certification of the map. (Ord. 1-91 § 1 (8-5.11))
9.20.130 Monuments—inspection and approval.
........... ........................ ............... ...... ..... . ............ .. . ..... ...................
All monuments shall be subject to inspection and approval by the City Engineer. (Ord. 1 -
9.20.140 California coon dinate system.
........................................ ....... ................. .............................................................................. .....
Whenever the City Engineer has an approved system of California coordinate
monuments the survey shall be tied into the approved monuments. (Ord. 1-91 § 1 (8-
5.13))
C Iha p-ter 9.24
FINAL MAP AND PARC111:..:..:.1[ 141 A P
10=4 am
9.24.010 Title block.
9.24.020 Title sheet.
4-24-030 Map sheet.
4.24.040 Index sheet.
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Pri-rit Ill-review
9.24.10,90 E.`xterlor bm iind; r
9.24. 01610 1I ot and jplairlcell iniumilbeiring.
,..).24..017101 N.....@- inds -foir priva-te luse oir flDir pL.ilblic L,ise ............... [De§ign
9, 24, 0811) 11 ainids,for joli bfic, I . ............... O-ffr ir oV dedicatibin..
9. 24.1090 II..... lefteiiing.
�9.,24., 1010 S-treets—Slide Illines .............. AAhdths.
9.24.1 10 Easeirineunit................i1'..' escripblo.. irl&
9. 24.12101 IDu cfic at1cm.
Ill.."agic.,, 27 of'49
9.24A 3C) Stira-.-.,m -il: F . ............... ApprovM by advisolij( agency ............... )esiginaboins..
9.,2'4.,1410 I::::)irolcedlij ire.
9-24A 50 Data amid imateriall to accimmilpairly stilbinnittal,
9.24:116101 IFees, Ipayaltalle t' it pirocessling afiinW irnalp ................ E..:,.:,videnice of playirin,L'rint to Cilly
IE.. .
:::ingiriie� ir.,
9.24.170 IFee Ipa alblefor processing a pairc;ell innialp.
9. 24.11X41 Action c.:)n jpaircel� rm'lp.
9. .1 Action onfiinW irnalp.,
9.24.20 „ „4,,,r in s irn i tta l .
9.24-210 Amended innalp.
924.2201 A ineirildinnent stiomn"i.
9.24.230 Ceidific.;ratior-w Of cirmTeclion,
9,24.240 f:Reversk.)ini to alcin age.
9.24. R c-SUbdivisbin.
9. 24.2610 IPa rcel irrieirc.leirs ...............N re-quired.,
9.24.2710 IPa irc;e inneirger-E . .........
9.24.0110 TRIle bliock,
.............. . . .... ................... . ......................... . ................................... . ............................................................................... . ..............................................
Each sheet of thira irnialp s1hall cointalini a 61H e, coinsl fing c)f the tra ct. inuirnIbler r3ir jparlclell irnalp
nuir-r-iber, but ilrno cloinrurnierliclM inainnl(".s or, title shall alplpe,air on the as a clesigirlatiort
113e low the inliurinilbei 1hall appear "Crih( of Dulblflin, Alairnelda C.Ilcit.iiinty, Next thle
inairne of the ClIrfilr1m, C"'11011 Inty and statle, the scalp ciiind date, ff ttiea ubdivisioini is aa
coindloirnilirdum project, t1hile A Coindoirrilinlunri 14 irofect,” oir"I OV, ColinqJo,irT'i,iiiniliiijirT'ii
Purposes" slViall appear lbeineath the tract r-ii.,irnbrair. (Orci. '1 -91 § '1 (8 .0))
9.24.020 1 itle slhl&v-ill:,,
...........
-in-,,e title sheet s1hall s1how Ole ti'lle Ibloiclk, owinic.,n"'s ceirfificptry, ints,
c� City EinlgfineeWs loertificate, aind Clolijinly If :Remlcirdeir's ceftificate., A,
s ,ilbidivislion of, Ibelingg the irimne, and desgnafioini of the tiract iin wlhilcll'-n the siurvey is
located and any lotll ilen, Inle, oir inotlrzs U iiat aire irr@,q flirrmi. (Oircl. 1 91 § 1 (F 3 ..... 6.1))
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9.24.030 Hiap, sheet.
"I", - - - ................. . .......................... ............. ............. ...................... ................. . .........................................
The scale of the map shall be one (1) inch (I") 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. (Ord. 1-91 § 1 (8-6.2))
9.24.070 Lands for private use or 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
9.24.080 Lands for public use—Offer of dedication.
................ I ....................................................................................................... . ............. . ....... ...................... .........
All 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
fo r the excl usive u se of th e I ot owners i r the su bd ivi s i on, their I ice n ses, visito rs, te nants ,
and servants. (Ord. 1-91 § 1 (8-6.7))
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P ..-tge 29 cwt` 49
,9.24.,1090 1 etteirling .,
11-1 . ..... .... ..... I ............ ....................... ........................ ............ ......... . ........... ...................
Afl lettlehim:.-:11 oin fJ ir,:.n i'nalp s1hafl lb ie a imiiniimu inn of oine eighthi (1/8) inch iiii,ii Iheight,
dk::mne jin tylpe,, 0--me.,--i lettering sll'mll be a n-ilinirrmin,ii of onir.) Itir.inth 0/1101) inich fin h6ght., airilid kof
".-flhalpe airild weigM as tlo Ible area dily ll(--.'-.--.,gible m::)in pdr-Ais ainild inniciro-filirr)
INAinlinnium pein sizie, slhr,.-a-0 The "0." (Oliirli 4-96 �§ 8:: C")ird., 1 91 § 1 &8))
9.24.1 100 Stm-,"—ls ........... --Slilde flines .............. Aflidt:N,.;
............... ............................... . ................... . ....... ................................................................. ....... . ........
Fhe irnaip shall slhovv fi-ie irriorit.,imeint llliinies anid side lin(-.Wrs of all,l the t:otal wl�dfl ii (; -)f 311
streets, the wildt1h, t1he poirfilolin be in:.) deldiir;ated and t:14e Width of existing dedleatloin, ai,--id
the widths eadh side of the nmoinumeint. Hinir , all o the Width of railirload irigl['As-of way
appear-jing oin tlhe rnalp, ((Dliirld. '1 91 § 1 (B (3. 9))
9.,24.,110 Eas ern eirrit ..............ID ic irli 1ptt o in s.,
........... .... ..................................... . . ....... ....................... ........................ ...... . ........... ---------------------------------------------------------------------
11...11, e innalps1hafl slh�-)lvv the si,6-.,, Hines of all easernein'tis 1:10 )AIlhilch the k::)ts aire Siub " llpalct,.
11: aseirnents ble cleady labelled ainn and if aliready of recoird, the irecorldifad
refi. rence given., If ainy easeinnier-A of r&(::,oird is root deffiriliN ll y loicatif d, a stkxtif n--ileill: u::)-fthle
u-,-,,aseirnenit innust. appear n the flUe s1hilee-L ,,n --may vvid"U"i nVILlhe lr-.„ ase,inent : -lirlld I]hle lleirugtlhs aim:J
beadings iDf the lliniies thileneof ainid theiretio to diii.)-firil-telly locat e Vie easeinneM
with it es to ithe s u NJ lOsioini iry-ii in sl bie s If thi ie ime int is The 1i in g ded l�ca t lby the
inn alp, 11 be pi-,operlysiet. oi rt liini the u')Winer's oeiitficate of de6('.,,atlli0ri. (Ord. 1 91 § 1 (8
6. "1
9-24---1 20 Dedicatioin.
........... .......... ..... .............. ............ .......... .................. .................... .............
o it of l-'.Jr.-,,6cafllDn ,:i1nall lbilf j inade pulthiper Iby ceilll:kA—ilialn 01r) U le innalp 10.ir by
se-pairate lins-tirufflient. If (Jle&;adoini or offeirs of u,'fr dilcatiloin lby selparate
SlUchi dedlc;,.-itlloin it offers of deic.Jk.,afilon be iru lcm ::)irded colirv::n urreriritly mift1h, or
piloir N::), tf-ie irnalp lbeiiinig filecl foir rrzx::,loird. (,Cq-d. 1 EM § 1 (8 .. 11 ))
9-24130 Stirleet naimes Approv,M lby advilsoiry, agency Designa-ifloins.,
.......... .................... ........... '- ............... ..................... .......................... ........... ..........
lin loirdeir do aVr,,Dijm:J1 jjju ipH�(:,,,,,-iHoin, inairries to be iused Din iniew stree,ts shall be sk.,ilbie ct to the
appiroval of thil.a. C"ity If airly dleslgii --iatlloiri Ibly irujirnlbeir, thley slhafl Ibe spelle..'rd lu::)ii it.
coirrijplelll(',.11y, using hylpilheiris iin si iiu::flh ; "'I imein't.) lFlhiiirld IS
Stin et." Flnie %w::)n:::lls: "am
"boi &evan::l," `ip[w:,,e," etc., shall The spir...,11ed ot.A !in full.. ((,.)ird, 1 �91 § 1 (8-1-6.12)),
24 ,1 Pirl0cedlijim,
................. ", ............ ............... ..... . ............................ ........ ............ ...................
Ulploin ajppira::)lval of th(- tentathtrzx imalp, prints o,f t1hile firiall irn-,,31p oir nn alp 1hall
Sli llblnnlilftlf-:�%d tiollhe City ir -for his, emi-Ainnilination foir cion-k.),irmainicle, to the a-lolpiraved
teirtative imap, llu::x',A t1he Sulbidivislioini IMalp Act, and fl m:-., 1l and Suintlw'-.nyor's ACA.
(10, ii"ld. 1 9 -1 1 (8: 16.13))
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Page 30 of 49
9.24.150 Data and material to accompany submittal.
...................... -, .......... .................... ............... .......... .............................................................
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
MME=1
EZMM���
G. Sub it a copy of the record owner deed and/or those deeds used in the s u rvey, i, e.,
senior, adjoiners and easements.
MM RF-IMMWrzWM'#'WIt�i F=- WIMMI
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 honzontal 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 signed by-q
registered civil engineer.
A statement of the water supply installed or available for the subdivision, including
Aformation as to the source and adequacy of the supply.
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 reproducibies
of the map.
1. The submittal of the final map or parcel map for a common interest development
within the meaning of Sections 1350 et seq. of the state Civil Code shall include the
proposed declaration of covenants, conditions and restrictions containing the provisions
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111r�sc,,,rilbed fin Sect Joi 11 1353 c)f U-m CIVII Cc)de, ainid aIll otlr-Heir governling docurneir-As -for tame
:R..jbd
iOsiion as aire r:)uirsi..jairit Itam , Siectloin 1,3�63, of t1he Civfll Coiilic, 1 Ihe sulbry-itall
of tlh(:.r thin l! rralp c)ir paircr ll imalp fi..mir allll su ibcllivlsiorm otheir thairii a clor,iris'norl linterest
develolpirrient shaill liriclude any dec,,1ara1l.Jc)1r1 Of C1DW'.'.)iriair'A,-;.. corm lifim:m iris and
pirolposed iin coninection theiremith. All doc::t..jimeints s1riall be si,.jIbject to reVie)Ar arid approvall
by the 11 )evelolpin--iier-A 11 ll irecliioir, l�:::' jU lic Y'Vorks E)j ire M–lioir and C ity, Afto rimiray . i(Clird,
9.24,16,01 IFees payalble fluir pirucessinc 11
,j a final iry-Dalp—EvIldence of payment'llb Cit.y.
Einqlneeir,
..... ....... . . ..... .................................................................................. . ................... . .................. . ..................................... . ..
ll he stibildivildershaIll pay tc), tlhi(-.w, c::Iit.yr, foir the r :)iiuirpose of cbeclkliric, investij iic
g, 9 11 mieyirig airici
iol�:Iheir inattleirs irpaquired by law arid these iregt ilatloiris, t1hose fees for, t1rie clV-neclklirig of 9.1e
irrialp, Ipllu.mirm s and speNcl-FicaHoins, and irwiem, fJgafioins, inildideintall theirirtio, ,,.is- se-tout jin thira, city
Wheirii pOints of tlVie nriap q:'Iini(.J ac.,cc),impaj iyiim) data ancil mi .tad all aire, Ipir esented to the ('dlty
Eingfinc-.�eir for mcarnih mfloin, the subdMii:Jer s1hafll give ii, videncelto the City Einglinleeirt.11 iialt Ihe
has delpcimsitecll W11.1h fll--ie City l:::::linaince 11'..'Jire-c1mr, tlhlc.;,., fees loir degas; as irequuiir e'd Iby the
&I'Y's fe)e resc, ll tit. lon. fflthe aimolint [is q,.j dir...,posit, anicl it excx::necJs the actuiall ccmt tc), city,
fl,'ie s u lt)d hilders Ilia ll ll be reirrilbuirsed for the balaince ire rinrialinJing. Illf thir actuiall cc),st
tlhie clepcx�sited arnim.jr-ill:, t1l in CRy Einglineer s1hall WRIhIrtallid im fificallJon of,the malp uin'tilthe
subdivicleir presents a recellr:)t rorthe r1elposit of the excess amicunt., (Ciird., 1 91 § 1 1(8
6. 1 ° -5))
9. 24.170 IFee 1p ayalbIle for Iprocessin g a pairicell imap.
--------------------------------------------------------------------------------------------------------------------- - -------------------------------------------------------------- - - ------------------- - -----------------------
ll Ihie subdivideir slhaH pay lo ttie bty fair the Ipuit"Ipc)v-Pe c)f cIhec,1ldiac,,, inves-6ga-fing, st..Airvif ying
ancil c)-thq r irnafters irecju ii':red lby lam,? and these it egula-flons 'Foir Dirocess ng a paircel rvar,,),the
tee -fi eld by the scJ"w�,,di.Ae gym: dinjr:A.pd Foir Walt Ipuwurpose by''the Clity, Coluiricfl and lin effe�clt, alt
the fifirre tlhc.-r� 1par(.,,,q ll mHIp is st.,ilbirnlitted r(,-)ir chic,.�x..,,kling, Said paynrient slhafl Its sulbirinftted to
the 1( aity F..:::inigineeir at the time the Ipaircell viriap st.,ilbirrflifted fair cheir.1kiing. (Ord.. 1 1 (8-
(33. 1 iy
91.24180 Actioin on 1paircel ima ., p
..... . . ........ ............. - ........... . ...... ...............
rhe City IErn Onif eir is ait.ithall"ID-ald to take finall appirlovall action on a 1pairice irnalp as wid.,l as
tc) of d1(,,,cl1ca-fJory Acc�elpta inc e of offi. it of deldlicallJoini on a paircell imalp shaIll
irec:ji C,m.iricill approval.. The it) ::::�
y, r,,.,;IhaIII disappircwe a pairicell map fc)ir try
iririeel� or peirfairmi of the irequirermmr i"nt: s or cloinidifilons irnilpit)seid Iby the Siit.iilbidivis�,,Oin 10 alp
AcA., this ti-flie, oir thip imap foir ttlhcm st,,ib-divislon; pricnJded, that a 1parce�
irrialp shaIll Ibe , clisalplpirc;ivvd only fort alluire, to inrieet or pleilorm requirer'nents or condiltioi iis
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which were applicable to the subdivision at the time of approval of the tentative map; and
9.24-200 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. (Ord. 1-91 § 1 (8-6.19))
9.24.210 Amended map.
...................................................................................................................................
A rnap may be amended in conformance with the provisions of the Subdivision Map Act
and local ordinances and shall be entitled "Amended Map of
1�1!jp� ip�iijpg !111!
iiii'll ;'I ! 11;17111!1� � � 3ME=*
certified statement by the surveyor stating, in general, the correction or omission being
made in addition to the recording formation of the original map. (Ord. 1 ®1 § 1 (8-6.21))
9.24.230 Certification of correction.
.................................................................. . ...................... . ......... ..... ...... . .. . ...... ..........
EMOMMOM UBWNJMM�
Pfiw. tl'�-eview
Page 33 oif 4.9
piradice„ or it epWcemeint of the leinjneer or surveyor charged with the iir-es.pionsiUfity for
setfing rnoinuments, (5) shaw the proper �ocaHon or clharac�ler of any monurn,E%nt whichi
u a-s been changed urn placafion or ct mractier oHiginaRy showin at thle wrong pcicM�lon or
urn corrrectly as tic) its c mra&,er; and/ar (16) corriect any other type of error or ornp ss'oon as
approved by the Uty' Enguneeii,",, 'which i not affect any piroperty ru ght. The Qlertificate
of correc Clio n shaH be upu a fo rrn Ill pirovied by thle City gi nee r. (Ord. 4,,.96' § 10,: 0 rd, 'I
91 .I (& 6.22))
9,24,'240 !Rlevle:llrslloin to aicimaige
............ ............... . _...
A map may be reverted to aciir)Pagie In purSU@rlt to aVffie provistons of thile SubdiVision
Map Act airild sh@H be entifled "]RleverMoin tin Acreage, of . . . ..... . ... (Ord,
1 91 1 (M-23))
9 24.2510 Ilp subdilv iii S110111.
...................
SubdMided ll ands imay be n-ilergledl and resiubd4�ded without reverfirn g tin aicreage by
comjjplyllll Ig MCI I 6H plplii aU Ilpironrlii si loins ofthle SubdMs�loin Mail,,) Act. (Ord. I 9.-1 § 1 1(8
6,'2401)
9.24 260 Pairi l urmrm eirgeirs ..............Not reguhried
......................... _.. 1
..r ws (2) or unnoir e con Hguous parcels or units of panid w1hichhavie bleu ern sk.flbidMided under
the jprmdsuloins of th flde or thle 'S ubd i vi s ion M a p Act s hap p n ot rn erge by 0 rtue of the fa Ct
tlhn t slurndlh rnti u u.0 IIp ra, e s are �,-ieW by the same ownlersNp,. (Ord, 496 11)
9,24 '2'71 Paiii'i urn ur geirs ..... -R u i r .
If arry one of two (2) or rnore conitugUOLJS parcels air lunil�ts of pandheld by ttn le. sarne owner
does not conform Io ex sfi,rig zoning regWafions so as not to plerm, lilt Bits a ve pment, and
at le-ast oinle 1) of the parcOs a s undevle pope d by anystructuiir-e for which, a buflftg plern.flt
was its suled or for wNch a L)WUng pierrnft was not reqiWiii,)ed at the t[rr* clooinstrucdon,
thleni such Ilia arceps rnay be mergel'Illy comr.flylng with all1 pip ficable provWoins of t1l ne
SubdMsion III 0ap Act, (Ord. x...96 § 12)
ChaIjpteir,9.28
DED[CA I M OF LANDS IC PAIRS AND RIECREA111FIGIN llf :::lUllRPG&lES
Secflons�
9.28.010
Authority.,
9.28.0120
ReqWreirnent,
9.28.01301
Uirylitabons.
9,28.040,
Amount of land to be dedicated.
9.28.050
Call cull ab�olin of in-lieu -fees.
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RX, t�l I 111111111MI, �_ �
1.28.010 Authority.
o
-rs�-e ( Wtum ='#b-U-d( -1U1T(T-gfar1=
M
7z7CMTM'
Government Code of the state of California. (Ord. 1-91 § 1 "'"
Page 34 of 49
W.
W.. The city shall develop a schedule specifying how, when, and where it will use the
and or fees, or both, to develop park or recreational faciRies to serve the residents ad
the subdivision in a manner consistent with the limitations of this chapter and the state
Subdivision Map Act. Any fees collected under the title shall be committed within five (5)
years after the payment of such fees or the issuance of building pe rm its on one-half (11 /2)
of the lots created by the subdivision, whichever occurs later. If such fees are not
xmmitted, they, shall be distributed and paid to the then recorded owners of thc-
subdivision in the same proportion as it was collected.
the park and recreation element of the city general plan and the city parks and recreation
master plan.
!111121
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satisfied by dedicaflng Wand and/or payment ol' fees as determunled bib the advislory
Numm
E. Thie pro -vi Worn of Ihis, chapter do not apply to coo ndoirnii nWrrh prioilects or stiock
cooperative,,s which consist off the siubidWvision of airsilpiace urn an exisfing apartj neii
bufliding,which is more than five (5) ylears o[d when rilo niew dwelfing units ar ddred.
(01 rd. 4 96 13,; Ord, 1-91 § 1 (G-7.2))
9. 28.1040 Amount of laud to ble dielchicated.
- .................. r .. . ........ r ....... . .......... ................................. . . ....................................................................................................................................................................................
It is found and dietlern,iiined that the pubHc rnterest, convienienee, heaM, and
welfare req u u re ten at five (5) acr e. s of prop rty for each loine thlousa nid (1,0100) (pier o n
resilding wid dr-i the city be devoted to local park and recreationaI PlUrploses. The arniourrit
of Wand to be ded i1cated, or frees to be pia lid, sh aI I Near a reas an able re Wafi'DIIISII P, to, the
US10 olf'the par"k and reorleation facHities, by the future inhablitai ots of thle subdivisiou -I he
arnount off ]anid tug bile, dedicated shaH ble, the arniallunt cWCUlatled fron-i t] he faiRowing
forrnula:
LAN D=A B
A "J-V rneans thle park anid re-creatiori area required pe!r ldweffii ng Unit, based on the
typie of dvveHing units iof thle proplaised SlUbdivislon and the park area pier Onli th101Usand
(1,10100) peloplie of the city.
1 - The piaii I( area of the city is deterrnir'ued to be 51.10 acreis per onle thousanid
(1,10010) pli or .10, 05 acres per plersiern, W fich is furtlher bricIi down to 31.5 acires
Pier oine thousand (1,0010) peloplie for cornmunity loarks crud 1.5 acrE---,s pier one
t1holusand (1,1010110) PE)OP[e for, neig'lhboirl'iioloid parks.
2. The park and recrea-flahn air ea rrqiurred pler dweHing Unit, A, is established as
faHows:
a. For dw Win iuurnits to be constru, cted lon property designated in the genera I
I.Aari or Easterin DlUbfin specific I:Aan for six (6), or fewer, uinits pler cre, leactn LIM
is assigr-ied 3.2 pieqI)]e.
Th,E--,,rleforeu
A := 3.2 .0035 := .0 112 acres peir u n it (fair co rnm unity parks)
A:= 3.2 -001-5 := .0048 acres Ip er unit (-for neighborhood Ip arks)
A
(Totals) = .016 acres 1peir j in it
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b. For dwelling units to be constructed on property designated in the genera'
plan or Eastern Dublin specific plan for 6.1 or more units per acre, each unit is
MEM�r
;1 PIP111iii V! !11111111
79MM I MMMM
9.28.050 Calculation of in-lieu fees,
. ................. .......................................................................................................................................................................................................
A. Where fees are required by the city to be paid in lieu of land dedication, such fees
shall be equal tot fee for "community parks land" and "neighborhood parks land" of
the city's public facilities fee,
24111111MMERM,
I
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is d -ftirileld liirrn Selctllloirs 9,28,10410.
"(D" tll--ae cuirrent inn airket valli..je of the dnaw-�,Iojpalblle acireage of tlhe� area to The subdivided.,
Y its the deve [opa Ibll e acireage of the it to be m.j I.Ahild
If the subdivideir olbJects -to the deteirminatlion of cuirre-rat innarket vallue, the subdivider imay
request. the city -to obtalin ain apjpralsall o::)-f t1rie, pirolpeirty t::q a quallli fied ireall estate appra. . il . ser,
imi.A.t.jafly agreed upon lby thie city and the ..-,i..jlbdvideir., Which ajK:)�Ipralsall W1111 The u:)insideired
I.:)y -the elty ii in deteirridning the cuirireint irini airket valu,.je.. AIR m::)sts it ..jl ire d to obtalin suchi
ajpjpiraisall shall be lboirn -., t:)y the subdivideir. (Oird 6 96 § 2:, Ord. 5....96 § 1 (1pairt); Ord. 1 91
§ 1 (8 7.,4))
9.,28.,060 Credits.,
..................................................... . ....................................................
A. If the'! subdhildeir pro vides plark and irecir eadk:)inal irnpiroven-reirits to the deu ::ficated ll ainid
as aut1hoirived Ibly the a6Asoiry agency, the valli..je of linrilpiroveirneint.,,s inn ay be a ciredt
agalinst N:.,,es or Ilaind dedicadoin otherwise irequ..flirrad lby this c1halpteir.
B.. As imay The deterinlined by the advisoiry , gency, Ipll a nun ed developrineirits and ireal
estate devellolpirneints, as deflined in Sections 11003 aired 11003. 1, iresj�:) ctively, r::)-f t1h e
Business an IPirotf sk::rin s D::)de, slhall be eHgllt.) e -to irecelve a cirediit for 1piriivat e, olplen
r5jolace a inert recs at! o irl ai fw::;i 1l ities 1i in the sa.j LAM s l�o ri not to exceed Wie rAy- five 1percent
(25%) a::)-f -fees oir Ilainid dedcatloin otIriervAse required lbiy this t:)iroviided, tlha-t::
Pirivate olplen spkce, and n-.-..,creafloinall facillil lie s are at least ono ...Ihalf (112) acro� in
excludlinq yards and o. tlhha o „° in ormaHy required by zoiriiing
jprovisior,is-
2. IPirtvate open space and ireu 1i (::) in a 11 fa d liti e s a ire omimed a in d inni a iintaiine. d lb, y a
hair (. ;, *w eir's association, aire avallable to all it esidents of the sub off` vlis'lon milthout
it trkfioin, and airy desii g inated for pa irk a ind it ecire atiion a 11 pu irlpos lby re. corded
covenants wh h iru n WitIl"i the Ja irid, and o :.-.a in ruyt Ibe oJefeate(:J o::)r ed iinni ina. ted With m.irt
conseirit. of the City Couinc;lil;
3. Flvivate op in space aml irecru�atioiriall fw::,Jlities ar�:r sultablk 1 for active Ipairk ainid
irr.,,,creafioin 1piairposes talking into consideirAboin suedri factors as sll iialpe, tolpogiralp1hy,
access, and lirrilpiroveirinents prolplosed; and
4., "The prhiat open space q3nid recreatioinall facillitles aire lin accoird withi tlhe�
pidindilples aind staindards -foir ll oc,all 1parlks con-tal[iried fin the park and opeirl space
el(:. meirit of the d-ty geineralI 1pllain and the 1pairks and recrea-floin imasteir 1pllaini. (Oird. 5
96 §§ 3, 4, 5- Oir(J.. '1 91 § 1 (8 7,5))
.101/8/20 3
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9.28.070 Procedures.
.......................................................................................................................... ........................ ..... . ....................................... ....
A. Prior to approval of the subdivision, the advisory agency all consider the report
and recommendation from the Parks and Recreation Commission or Recreation
MM=
4. 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.
B. 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
30IMMMIMEEMM=
C. The advisory agency may approve, modify or disapprove the recommendation of
the Parks and Recreation Commission or Recreation Director; provided, however, any
to the Parks and Recreation Commission or Recreation Director for further report and
recommendation. The Recreation Director shall report back to the advisory agency
with i n thiftp(3-0_1, d aps. After th e recei;tt a n d considerati on of the re rtort or afte r
days have passed in the event no report is received, the advisory agency may t1ake
action on the modification. (Ord. 1-91 § 1 (8-7.6))
9.28.080 Off-site dedication.
........................ I ................... ............ I ...................... I .......................... I ................. ................................................. . . ........
Dedication of land outside of the subdivision may be authorized by the city 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. (Ord. 1-91 § 1 (8-7.7))
Chaptler 932
UNOERGROLIND UTILITIES'
9.32.020 Utility distribution facilities to be placed underground.
9.32.030 Duty of subdivider.
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9,32X),40 lRequiest, for vaiNance.
9,21050 Action 11::)y City Couincfl.
�9 1010, INlrut e-int.
Mile, regiWations of this chapter cure intended to promote and to provide In siubd�ivisions
improved undierthe proviisions of fl4ls fifli�. ain'incream.,?, in safety and welfaire for bot!"i the
residents olf such land divislioini mind the pubilic in general, and to proiloiing the econorrii 1c. life
of ll and divi§iioins, enl-)ancie Views, sc,E%inu c attrit)uil:es and the geineral Iliving envirionmient.
(Gird. 1...91 § 1 B 8,0))
�D 32 020 lU fl]fty distirlibutlion fa&!Ijbies to ble plaiced wridiergirouind
- - -1- ................ I.I.-I-1-11 .......................................................................................... ....................... .... . .....
Aill utility distribution or corniii-nunication racflibessupplying electric, conirniuniication or
sirriHar or associated services, finstaHsid in and for the purpose ofsupplying SUCh service
to aiiny resideiii"ftiaHy zoned subdivision requilinng the filing of a final rnap, sh a--lI] L)e placed
undergirm rinid. Distribution fa�jlitiies do nnot irmWis rnetal poe s used foirstreeN Ngihbng,
traffic signals, pedestNs for police and fir ystiern clairinimunicaflons and aillarmis, IIp @d-
mounted transfbrnriiers, Nan edestWs, IIple dest,a]-mountled tera,iinal III oxes and rniete. r cabiniets,
substations, and facilities rased to carry v it IIIni gheir than thir five thiousaind (35,0010)
voft. (Ord. 1 91 § 1 (8 8.1))
�9 32 030 11)iuty of sulbl divliideiu
1.111.11'....." ... . ............................................. ......................... . ..... . ................ ........................ . ...... ....... -- .. ......... 11.111-11111 .... ...........
Fhe subdivlider is responsib; for cornpilying with all irequirennients of this chiapiter, and
Nn Ni make th un ecessanj arrangerneints with the utility air corni"nUnication cornpalinies
i nvo Ivied for thie in t 11 Wi o n of the faci l ifies req u i red by Slecdon 9,32,0 20, of th i s ch apte r,
(Ord. 1...91 §1 1 (B 8. ' 2))
9 32 040 Ilia equest fior vaHaii�"icie,,
.................................... ----------- ------- - - ------------ . ........................................................ . .................................................... . ...........
rh,E-.. subdivider or a puWic utflity or corrimunicafioin company n"iay request that thie
requirernents of this cill mpLer be vaded by subry-flitting to the advisory algiency a statenni eint
descdbingfuHy the nature an�,:J extent of such variance, arid th ireaso ns forwhidl. it is
irequestE.,.,d. (Ord. 1...91 § 1 (x ®, ))i
ji)y Q11tyr CIOU1,I&I]i
9 32.050 Aictioin
............................... . .............. . .............................................
'T"hie City Got inicil, t ipon consideration of a irequest to vanj the requir)E-wnieinks of t1his
chaptlair, and upon finding from the eVidence presented that a balanciing of the
requirements of the PUNJc:heafth, safety and geneiral wel-fare with, th ferasibiflity of
n',�ee H n g s uch req u i rern en ts dogs not ' a nra n It U n estrict appRcation of the requirernients of
this char...)ter, by reasoiri of ecanon on"iic fE-,,,asibHity, sofl, toplogra.pihy, cornpatibifity of
surrot md�in area, future poteintial nuiir-nbeiir of buflding sites aff ected, or, that the area to be
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Chapter 936
SCHOOL FACILITIES DEDICATION
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136. 110 Tiffe and purpose.
............................... .................. ............. ................ . ...... ...- ...... ......... ..... . ....... ............. . .
TN s chapter shall Its le known as flhi� r "SkVio6 1:::::acflities Dedication 00dirtanicle of 11he city loif
DlUbHn." Tl'ie purposle i s til pt-o,Wde a rnefl"iiod for financing interim school facififies
neiciess itated by niew re. s ideriti al deved opi n-i e nts ca Lps thin clond ifi ion s of l rcrowcH nig. 0" rd.
9.316.020 Authority and clon•lict
"I'�.1.1111.-.,,.,.--�-.-,.,.--,.I ........................................ ................ I .......... . . ..... .......... .............................................................
This chapter is enacted piursua-int 'to Chapter 4.7, Title 7', Diivisioln 1, (Gloviernrrierit bode
Sle-ictilons 165970 let sect.) and clonstitutes the fitlie, refe. rred to d n Sectro ns 165972 arid 65974
of C h a pit er 4,7. 1l ri tll,iie l of a n y co nfl i ct between t] ile proviSiOns of lll--iis chat-Aer and
t1hose of Chapter 4. 7, The Wtier s1h prevail. (il 1-91 § 1 (8 9. 1))
9. 36.1030 General plan.
................................. ................ ............. - . . . .................. ............ . ...................................... ...... . ............ . .....
Thew city's gu.;nier,uud plan provides foir flie loicaflon Of IPUbfi c sc•oll dint erim scholiod facilities
to ble constructed frorrn fees or, Wild required to be dedilcated, or b th, shafl be consistent
wNI--n the general Pdarn. (Ord. 1-91 1 (8-9.2))
,9.316.1040 Reg iWatloris.
............ .......................................................... ..............................................................
T e Cityl CouncH may, frown tirrhe to firne, k.)y re-510kitilon, issue regiWationstiol establish
aldmiN iistration, procedures, interpretation ar-A policy, diirectilon For t] iis chapter, (Ord. 1- 1
9.316-0510 Chapter 4.71defiried.
.......... ......
"Chapter 4.7" rrnearr iChapter, 4.7 (clomrriencingwith Sectiolin 65970) of Uvision 1 of Tfl e
7 of thie Government Code as added bly, Chaplt1E,-,,r,95l5 of the Statutes of T977 and any
SUbseqUent arniendments, there-to. (Ord. 1-191 § 1 (8-9.4))
9.36.ID6,01 Conditions & overiGirowdling diefined.
........... ..... ..... ...... . ....... ............... -1.1 ...... - ............. .............. ..... ...... ................. ..................... . .. . .... .... ...
ER,Civ 16tions, of oweer crowditrig" means that Pie toW enroHii rient of a scU miol, incd Uidiriig
enrolmient from proposed development, ex s the capa&by of such sichooll as
deterrniried by the govileii nling blody of the distftt. (Ord. 1-91 § 1 (t3...9.5))
9.316.1070, Dwelling Unit defined.
............... ..................... . .......... . ..... I
"d' vi unit" rnieam s a bluilding or, a ploirtion thiereof, or a mobil IIiorrn ie, diesignield for
reslidentiall oiccuparicy by On le person or, a grit o f t ilo or millore pliersolims [Mrig together
as a domil unit, (Ord. 1 -'91 § 1 (8 9. 6))
9.36 -0 810 FReasonah, le m e th lo Js for rro i-ti g wH ng c ond itilorh s of olve re rowd i n 9 defi n U... d.
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Page 42 of 49
Z:'
any other discretionary permit for new residential use, and building permIts for new
residential use. (Ord. 1-91 § 1
9.3
®1 N otice req u 1 rements.
.................... ............... .................... . .......................................................... ........... ....... . ............... ...................... ....... . ............. ....... . ...........
Any notice of findings sent by a school district to the city shall specify:
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:
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i:Rec011 111"niendaticins for- ...,Aandairds'Folir land 6.Alcafilon arA ba.-Sed on I'Selctiorl
9.36.190, Geirheirai standa-ircl; and
All' liloirnrlatlir,--m requirc.,d Iby Chriilptir r 4.7 c)f the Goveirnimilej n't Colde and sulch othipair
as J"r2y be ire quired lb y City Clounc;il (Oird. 4 96 § 1 5: C)lrd.. 1 91 § 1
9.316.120 Cii -ty com-iii c u irrence.,
........................................................
After ffile recellprt of :'Any no-tice W' inidlirn cx)irrilplying %ApitV-D the rec-Iii Jiiren-'ierlt of &...x::Alorli
.3 .11101, Vie C ity C cm.x ic.11 shall Meiu'rflinlc.,,. w1hic...,,,their it conica,irs in suclVi sc-lw::)loll distirict
findings I he Coulru.;fl 91h all sclViedijl[e and k'iolld a lXlllbfl lc I "nlewairinq on mattlerol- fits
piropcmeld c,:oriciijirreince Ipirbir tc, imalkin g its diratif in rilinatloin wit1hilini fl ie timle pleirilradsspic.,yicified
i in C h2j�:Ac.-., ir 4. 7 of flhle Goveirinirne r0l: Code. (Oird.. 4-146 § 1 (-3: (".)irld. 1...9 1I § '1 (8 RAI))
9.36.130 Findings four devellopment ajp:jp.irq!:wal.
............ ................ ........................................................................... . ......... ............. . ............. ......... .................
Within aini attendanic.,,e aire Wheire the Cily Clcm unlcll Ihas conlu nirrelcl in a school district's
Findlingsthat c,,londiticing of cmiercrowdlirig exist, no disicretilonary pif nrinit for realdent.1,W use
and j io I u ilb 'iiin Ip ermit for nic.,,viv cic.)nstiruction slhaH Ibe approveld iiiwn i U le
atteindancle, area, unless t1hile City Ccm,.jirncAll n-,iialkes nine (1) of fll--ie following fir-hdings:
A. That t1h i S clh a ptle ir ls an o rcl i n ance ad lopteld li.xjir, iLia r-vil: for loirn 6597 4 of C... lh,a pte ir
4.7;
B - "IFhat there s�jpecific oveirridlinc) fisca-1, ecinnornlic, social or" l� liV'ilr "il0lir „uirneintalfc-ilr,,t.loirs
Which ini the Juldgriniert of thle lr, laninlij iig agerilcy woi ildl berie-fit the clity, tlhir,re�lby jusfifybg
the r:.'ijopirovall lof irasiide ntiall develolpirnein't (')tll"neiivfir.ve the lintedirn sc,� imil
falcilifies dlu.'xlica fi'Dlrl jpiroV,'.,Ions, of t1his chapteir. (Oird.. 1....9t § 1 (8 9A 2))1
9. 36.1140 Schooll district!schadliule.
�.I.I.�1.1�.I.�.�.".���.I.I.I��..,..� .............. - ... ......... . ........................... —
l:::::CAlMAdllr'lg this coi-vi::';urin. ince anid declsk:)lin lby filhu.n city 1:o irequwuiiirr tlhe� a1' e6cafi oni rjl,f [arildl clir
paya-iierA cil fees., oir Ib 'llh, loir to inlcn "ease U l..nc aimm ir-A. of ll airild to b'.,-.,� dedlca�.ed oir flhe
N',,es I,cl be p,,:.aild, lor I botl i, .f ii" aini aRendanict-, ar('..',,a, go%rerriiinfg buldy of t1he iinvloj)drjf rj
sclhooll district shy ll stAbinit a sch(.a,dLIlll le.,,,slplecifyiiirii'4 hlow it Will the lancl or fi-.-..,les, oir bc)-t1h,
to, iscflve Vm r: to of III il..nra acJhlpdi ille s1hali'll linicludle. the,, sicfwloll rAes k.) 1,,)le
t1l ne classiroii:::wn to Ibie miade avaj4ble, anild t1hir tln'ies WlVien sulch facHities
will The avallia loll e. In flhe eweii--it t1he governing bloldy of the schlooll distric-A carii int inrleet t1he
sc,hedule, it shaH sulhin"fit modificatlans tolt1he City Council a? u d the it emDims fcn- the
j-'rioldification. (Dird. 4AD 6 1'T 1( )lird "1....91 (8.... .t 913))
9„36,,” 501 Develo per' s responslilbility.
- ..................................................................... ..... .... ............
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In an attendance area where the City Council has concurred as provided in Section
9.36.120, the developer of applicable residential projects shall dedicate land, pay fees ir
'ieu thereof, or do a combination of both, for classroom and related facilities for
mandated educational programs for elementary, middle/junior high, and/or high schools.
(Ord. 1-91 § 1 (8-9.14))
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,
t�xplosion, act of God or other accident or catastrophe; or
Any agreement existing prior to the effective date of the ordinance codified in this titlz�
_��*�-�MI-46-vl�i 7-
payment of fees for school facilities shall be considered as satisfying this chapter's
requirements. (Ord. 1-91 § 1 (8-9.17))
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P.rinil. 111"revicnA,
D.316.200 FaPs.
...._I. _ ...........
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A sichedialle for R-es requiric.,d to The Ipaiid in lieu of [aind dedication or iinii coinnWination with
Ilan d declicatk)n slhalI 1pn'�, Pstalpfisdhed by the City Council[ foir each atIond,,.'.-wc.G are.a w1hein
Me Cuj rici l has co in cu nred vvith thie , cl iooll d istiri r,-A that co, inid rilJ ons of oveircirowidi ri g
Ri(.:' sclhicx)l distirict gloverinding lboldy slhalI rec;oinnirneirild the -Ceres foir Iprovii ding interimi
fac.-Jilities that are to The assessed clin dieve[c)prneirit as a cloinidition c)-f cit ( alplpiricwW of a
i,, ubdivisicin., (0ird., 1....'91 § 1
9.36.2110 ll...., and ............... VaIllue .
1111.11111 ................ 111111.1.1 . ................. .....
Wf-iein land !is ireqUiril ld 'tio ibirn delidicatied, lairild s1ha11 eiquall liin innionletairy value the fees YvViich
wow oii.flid cAlheirvvise Ible h vieci Iblased on the irnn airket vali iie of r'.iH the lairici in -the rf slidienfial[
project, as deteirrininir id lbiy t1hie, inrno t. ireucievint appiralisal1 irir,iadle at the diir('.:nictioiri Cj'ty
Cca iuinir,11 at the firne of cliscirif floirmiy( aictiolini cin thic.-.,, r.ilplpIIca—flc)in.. Ift1hile, develolper, or -the
sct'ioc] district olbJects, to Chi tif irmina-tion, either imay present evidence' f-bir a diffeireiri'll:
deldicafilon lb�'I'seid on a appl� a i!!, all of t Ih 1 r,. 1p ro 1p irty 1'.) y' a q u a � 'l fi e d a 11
a'ntatipa alplpiraiseir. (OircL 1 91 +§ 1 (8-9.201))
9.36.220 11 ainid—Dec:J licatik.m.
)Akieini lainci iis to be dir..,clic',ateid, it s,11--iiaH L)e offi....-i'n-eld fair cleclicatic),in iiirn Che saimir.., imi,3TInier a"S
i.'.)rescNlhe1(.J iliin tune ci,ty sut,>dIvI!sIon ordnainicefor pairk dedicatiloin, (i(Dirld.. 1 ,,,,,91 § 1 (8 9.21))
936.230 "Tilime of 1peirfoirma.in ce.
11 airild requireld tio be diradicated: as a c1c)ndificn-i caf a teirdative j inalps slhalI III e conveyeld at
the flirne of filling t.hie fiinM irnn alp. AH dedicatjic.,,�n cA lairicl or payrneint c)-ffL.N-.x.; s.1hall 1b1(.,.'.
imade at the lime the lix..,dilding 1,.),eirrinit is issueucl. (Oird.. 1....91 '1 (18
9.36.240 F"irust of Ilaind or fem,
1i, and and,fees slhalH The Ihelld irn trust Iby the 'city un'W such flime as requestfor release
larid or !is inriade 1by the sijlb ect. schocill distn ld_ IRel1ease of llanid air ft..les slhalI ocim.jir
J
ulpon by the ("'- fty ('.'ouinclii that fl-m laind oir slhalI The us.eci 'for alp proi pri at
lintle,irim sclVicxA fiacill-ties and -that such fiaci 1l i ties woii.illd be. mnsisteintmvitlh the geiriieiral Ipla...n.
(Dirid, 1 '91 1 (8 9.,2'3))
9„ „250 IF dillstirilbution.
V Vriere hNO (2)air irn orw� se par ate sic hol(A id i stiricts olperate sch look i n am aftea inda incis airea
Mill"iere the City CouiricH cloincuirs that rwic..,rcrowdiing cloindi-tio iris exis'il: foirtlV,�e sicdl'iod
clistricts, It.he C'Poii..jr-icII wifll enteir l nto an agiri;,),ovirrient, %uvitli-i U-ie goveiminig boicly sc-'IhOid
1.
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district for the purpose of determining the distribution of revenues from the fees levi
Itursuant to this chapter.
9.36.260 Refunds.
-111 ....... 11--- .................. - I".-.-,-, ............. I .............
If any residential development permit covered by this chapter is voided or vacated, and if
the applicant so requests, any land or fees collected for the development in trust by the
city shall be returned to the applicant. (Ord. 1-91 § 1( ®9.25 }}
Chapter 9.40
9.40.010
Authority and purpose
9.40.020
Consistency.
9.40.030
Application.
9.40.040
Filing and processing.
9.40.050 Fees.
9. 0.060 Expiration_
9..70 Vesting on approval of vesting tentative map.
9.40,080 Development inconsistent with zoning—Conditional approval.
9.40.090 Applications inconsistent with current policies.
M 9M bill I yffil M TI* MM"
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Page 47 (.:)f 49
9.40. Oil 0 A iutlll--i oirlity a n d Ipu rpose.
...... . ................ ............. ..........
I 11--ie re g iii [atilons ollutl li ned i in t1i 1.3 rJw.-i lipNe, ir ain'..� d ente ru'i ined tol Itaa.a nelcl('.';,,ssa ry fort e
pireseii'vabloin i this public hilaaalith, safea'ty and I'Nineral wledfairE'.',�i aind for the pirornic)-tic)n &
oirdeirly giromethi aind develllcpjpirr�lent. i 1 9 1 § "1 (8 1 ID,., 1))
9.410.10120 Coins'lis-tiency.
................... .............. ............. .......... ........................................ .....................
No and stiaill The slijbidividif d and dievir ll�c)jpleud' Ipuir suain't to, a ves'tling tentathd,e inn alp florainy
PILATIPIDSO iiAd"llich is linco-insisterit With thle glrairlleirall 1pilIan airicl RIMY 2pjpIiC2blie spelicific.', cw
not perirnitted by J'ie zoning fitlie loir lutll-'ilreir alpiplicalble pirc),vis i�o iris of flhis code. (On.J. 1 9 1
§ 1 1(8 10.2))
9„ „030 Adjp�jplkatlloin.
A., Vesth'ig tentative i^rnaalps shall Ibe :..illwield for ire ssident1W anid
dle tellic:)Pli"-,iiein-t-.!%. "iAireir as pi•c)visiciri of the Sulbidivisioin IMa p AcA, as lirnpileia-iiein-tir dl ainild
sr i1ppleir-inented to 0--ilis title, rq:.,),qiiAreas the fillinig c)-f a tentative imaj� ortentative I parcel imapi
folir a it sidlentiall or inic)i irerr-flideritlaiiI develoioirnent, a veMiing tic'..',nitativif may iirlst.l(-..-.,,ad It, e
filleld, in acicoirdance with the JPIFDOISJOI�IS oUtIhis c1halpite%ir.,
IF a iblidWrilcleir dDeS inapt ,.,eelk the rights clorife�,irreld by 11:1hifa vesting tie in-tiawbve n-'iap
statii.ite, ft--ne filling of a ves,ting innalp slhi,,,,..ifl an . The IpireirnquiisGte to, ainy ajoprovW foir
--I yr livisliloin peirmit. foir ii,i 1pirr pairatory It.io construction
j::)ircjposeld siulbild
(Oird.. 6 91,51 § 'I Oi,-�d.. I
19-40.10410 Flilllki'-tq ainid processing.,
.......... ................. ............................................................... .......................
A, err ei:.;tjnl.g teritative imalp s1hall tie 't' in the sainnie fc)imn airild Ihaave t1he sairne coin-ta-.-.lints,
alc,lr,;lomjpanyinq cata and rejpc)rt.L..', aind ,31h all The p ocessed i in t1h e sairne irni iriirneir as sq t -fo.., rtll--i
liini UNs tiflie, for as teintative innap, exc,,lept thal: at the tfin'ie a vesM ig 'tei ita'tive inrialp is filled it
s1hafl I-iave I pir-iiinteld conspicuously on itslac;e the vvoirds "Vesting Flentative II' alp,"
Addi-tic)inally, tll--u e C"Ay I Eingineer may requir-e ii-nore information to peirinnittlhe i to irm,.-ilike a
deteirinniii,iiatioin iir lin tlha it an einviiroirvrnen --itall irrilipact. relpoirt or a inegative ,de claraboin is
ineaediraxJi. (Olird. x....96 § '18:: Oirld, "1,,,,91 § "l 1(8 1 D. 4),),
9.40.050 lll::::�ees.
....... . ......................................................................................................... . ....... ............... . .... . . ........... . ...............
Ulpoirl filling a vestlinij,] ti-aintative inn alp, tlhil(,., r,,.':aii.ibdividlf r shalli 1pay the tea: !s re.,quirfa...dby the
schedk.-id e adolpted lby iresollu itloin of the C"O'l-ty Council fli tt'iefilling ainild processing of a
vies,ting tentative irnalp. (Olird. I �..)l § 1 (8 1
9.40.060 Expliratlion..
. . .................................... ........................ . ....... ................................... . ....................... . ..... - ............ ...........................
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wff��
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
title for the expiration of the approval or conditional approval of a tentative map. (Ord. 1-
91 § 1 (8-10.6))
9.40. 070 Vesting on ap proval of vesting tentative map.
A. The approval or conditional approval of a vesting tentative map shall confer F
vested right to proceed with development in substantial compliance with the titles,
policies, and standards described in Government Code Section 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 titles, policies, and standards in
1. A failure
■ do so would place the residents of the subdivision or the immediatc.
community, or both, in a condition dangerous to their health or safety, or both;
C. The rights referred to herein shall expire if a final map is not approved prior to the
expiration of the vesting tentative rnap as provided in Section 9.40.060. If the final map ie
,*,pproved, these rights shall last for the following period of time:
It. The initial time period set forth in subdivision 1 of this subsection shall be
automatically extended by any time used for processing a complete application f
a grading permit or for design or architectural review if such processing exceeds
31
thirty (30) days, from the date a complete application is filed. 0
3. A subdivider may apply for a one (1) year extension at any time before the
initial time period set forth in subdivision 1 of this subsection expires. If the
extension is denied by the Planning Commission, the subdivider may appeal that
cle ni al to the C ity Co u nci I with in fifteen (115) days.
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Page 49 (,A'4-9
4. It tithe subdivider subii nits a Complete appiiiicatjoiri fair a bt ifl6iig ji:>ermilt 'uii ing the
period of timile specified in subdivisions, I through 3 ofthis subsili thie rig� its
n E.,,, rreld to lhE-,,,re- i n !s h lap p co nti nuie u nfl 1l the expiiirafl on of that pie irrn it, i a ni'y tie n s ion
of that IIlDerirurut, (Grid. t... 1 § 1 (8 10.7))1
9, „ i III eve lopmer-A inicloinsisteint. v0flN �zoiir-illiiiriq—Coiinii,ditili oiiri,a1li Ili l6 l.
..... ...... ........... .......... �"I'l ...........
A. Whenever a subdivider fles a vesting tentative mqi�) for a subdivision nun
devie[o tune nt lii s pun con, ,,:dstent Mth the zonfing ordinancle in exisi ten cle at that time,
that inconsistency shi@H If noted on the nnap, Thie ccity l shalll deny sluchi a vesfiiriq
tent ative r ap or approve. it coinditioned on. the siubdivider, or his or Ilh er diesignee,
obt6liiing the necessary cViange in the, zom"flng ordinance to ekimiriate this iiiniconsistency. ff
the d1hangle in the zoning ord, inance is oNalned, the approved, or oondiifiona1lly approved,
vesting tentative map shailll, notwithstanding Sec-floin 940.0701 All conifEiir the nee slted right
'to Prose edwith'the developmeint lIn ,sub stantiali comr),I�Iance with the change in the zcNng
ordiinatiole. and the map, as appirovied.
B. The uriii ghts clonfe'.wred by tHs section shalll be fi tie: firn 1periods sit forth in Section
9,A0,.070 G. (Ord. 1-91 § 1 (a 1 a8))
19 410 10,90 Apf.fl[licatiolins Ill mm murm lii steint mull cuirrairit IIGm ofiliciies.
........................................ . ............. . .......... ................. .................................... . .......... .................................................. . .......... . ......... ..................
NaMithstanilding an rovision of this titile, a property owirier or iViiis or her designee may
ek aIll oivap s or permits for deviepoprm it which depart frcn--u the oiirdllrwces, poficies
and st andaiirds described in Slactioins 9,40,0"70 A and,9.40.080, aind the city may grant
thesie approvals or issue tViese plermits tothie „µ exten't, that the diepart..i wes are authorized
under aijppfic@[)iIe p aw, (Ord, 4....96 19 : Ord. 1 91 1 ( -t . 8))
9.410 1100 Arnie inid urmm urnt to vlestlli ing to nt tliiv urin ap
............................................ ............. ---- . ...... .1-1- . ..... . --., . ..........
If the lord i nances, pialiciles or standards described lini SeGfion 9,A-0,.0170 A, are changed
st ibseq mrit to Vill approvap or con6tiov-4 approvu:'11 of a viesting te nut ativemap, the
sub&Vlder, at any firne prior to the expiradon of the viesting t eM afivie map pursuantto,
Section 9-410.0"70 C, rnay applly for an amendment to, the! vesUing i:erptafivie map to secure
a vested irilght tio procei(,-% d with, thie changed ordinances, 1l:mkies or staindards. An
application sh4ll dewlly specify the cVmm --igied ordinainoes, p6liciles or standard for which
the amendiment is sough-L (Ord. Q6 § '20)
I Ol/ 11 8/20113
ORDINANCE NO. xx — 16
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING A COMPREHENSIVE UPDATE OF TITLE 9 OF THE DUBLIN
MUNICIPAL CODE (SUBDIVISIONS)
WHEREAS, Title 9 of the Dublin Municipal Code contains the City's subdivision
ordinance, and was adopted under the City's inherent police power and the authority of
the Subdivision Map Act, Government Code §§ 66410 through 66499.38, which vests
regulation and control of the design and improvement of subdivisions in local legislative
bodies; and
WHEREAS, the purpose of the Subdivision Map Act and its implementing
subdivision ordinance is to provide uniform mapping standards for subdivisions, to
coordinate subdivision planning with land use and other community development goals
in the City's General Plan and several specific plans, and to ensure that subdivision
design and improvement implements City and other local development standards; and
WHEREAS, the last general update of the subdivision ordinance was adopted
through Ordinance 1 -91 on January 14, 1991; although the ordinance has been
amended periodically since then.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as
follows-
Section 1. Approval. Title 9 of the Dublin Municipal Code is hereby amended to read
as shown in attached Exhibit A, which replaces existing Title 9 in its entirety.
Section 2. Findings. The City Council finds as follows in support of its approval of
the subdivision ordinance update.
A. General. Through the provisions and procedures in the subdivision ordinance
update, the City will ensure that subdivisions of land comply with and further the goals
and policies of the City's adopted General Plan, specific plans, Zoning Ordinance, and
other applicable development regulations and standards.
B. Regional Housing Needs. In adopting this subdivision ordinance update, the City
Council has considered the effect of the ordinance on the housing needs of the region
and has balanced these needs against the public service needs of its residents and
available fiscal and environmental resources, in accordance with Government Code
section 66412.3. Regional housing need is reflected in the Regional Housing Needs
1
Allocation (RHNA) developed by the Association of Bay Area Governments for each city
and county. The RHNA numbers for the City of Dublin are the basis for the City's
adopted, HCD- certified Housing Element, which outlines opportunities for meeting the
City's housing goals. Consideration and approval of proposed subdivisions through the
subdivision ordinance update assists the City in meeting its housing goals as well as
other General Plan goals for well - planned, efficient development since subdivision
approvals must be found consistent with the General Plan, including its Housing
Element. The provisions and procedures of the subdivision ordinance update ensure
that subdivision projects will implement reasonable development policies and standards
to provide subdivision development with adequate public services and utilities. The
provisions and procedures of the subdivision ordinance update also ensure that
environmental protections are considered for subdivisions in sensitive areas, such as
hillsides and creek corridors, among others. On balance, the subdivision ordinance
provisions and procedures are a reasonable and efficient tool to ensure that housing
development approvals will result in housing that meets local development standards
and will contribute to meeting General Plan, Housing Element and other regional and
community goals.
Section 3. CEQA. The subdivision ordinance update is exempt from environmental
review under the general exemption in California Environmental Quality Act (CEQA)
Guidelines section 15061(b)(3) for projects where it can be seen with certainty that
there is no potential for significant environmental effects. The subdivision ordinance
update does not approve any development project or other physical activity; nor does it
change any land use or density designations that would affect development potential.
Instead it updates the policies, standards and procedures through which subdivision
applications for development would be considered. Any future development application
would be reviewed for compliance with CEQA.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance, or its application to any person or circumstance, is
for any reason held to be invalid or unenforceable, such invalidity or unenforceability
shall not affect the validity or enforceability of the remaining sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its
application to any other person or circumstance. The City Council of the City of Dublin
hereby declares that it would have adopted each section, subsection, subdivision,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or
more other sections, subsections, subdivisions, paragraphs, sentences, clauses or
phrases hereof be declared invalid or unenforceable.
Section 5. Effective Date. This Ordinance shall take effect and be enforced thirty
(30) days following its adoption.
PA
Section 6. Posting. 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, APPROVED AND ADOPTED this 15th day of March, 2016.
AYES-
NOES-
ABSENT-
ABSTAIN-
David Haubert, Mayor
ATTEST:
Caroline Soto, City Clerk
Title 9
Subdivisions
Chapters:
9.04 General Provisions
9.06 Maps Required
9.08 Tentative Tract and Tentative Parcel Maps
9.12 Design
9.16 Improvements
9.20 Surveys and Monuments
9.24 Final Maps and Parcel Maps
9.28 Dedication of Lands for Park and Recreation Purposes
9.32 Underground Utilities
9.36 School Facilities Dedication
9.40 Vesting Tentative Map
9.44 Map Amendments and Certificates of Correction
9.48 Reversion to Acreage and Resubdivision
9.52 Lot Line Adjustments
9.56 Enforcement
Page 1 of 45
Chapter 9.04
GENERAL PROVISIONS
Sections:
9.04.010
Title.
9.04.020
Purpose and authority.
9.04.030
Intent.
9.04.040
Consistency.
9.04.050
Application of ordinance.
9.04.060
Exclusions.
9.04.070
Fees and deposits.
9.04.080
General responsibilities.
9.04.090
Definitions.
9.04.100 Authority for subdivision decisions.
9.04.010 Title
This title shall be known as the Subdivision Ordinance of the City of Dublin.
9.04.020 Purpose and authority.
This Subdivision Ordinance shall regulate and control the design and improvement of subdivisions of land within the
City and supplement the provisions of the Subdivision Map Act of the State of California set forth at Government
Code section 66410 et seq. concerning the design, improvement and survey data of subdivisions, the form and
content of all maps provided for by the Subdivision Map Act, and the procedure to be followed in securing the
official approval of the City regarding the maps.
9.04.030 Intent.
The intent of this Subdivision Ordinance is to promote the public health, safety and general welfare; to promote
orderly growth and development within the City; to coordinate lot design, street patterns, rights -of -way, traffic
circulation, utilities and public facilities with the General Plan and any specific 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 ensure adequate,
safe building sites; and to prevent hazard to life and property.
9.04.040 Consistency.
No land shall be subdivided for any purpose that is inconsistent with the City's General Plan or any applicable
specific plan of the City or that is not permitted by the Zoning Ordinance (Title 8) or other applicable provisions of
this Code. It is the intent of this Subdivision Ordinance to comply in every regard to the latest edition of the
Subdivision Map Act. If any provision of this Subdivision Ordinance is in conflict with the Subdivision Map Act, the
provisions in the Subdivision Map Act shall prevail.
The type and intensity of land use as shown on the General Plan and any applicable specific plan shall determine
the type of streets, roads, highways, utilities and public services, and other public improvements that shall be
provided by the subdivider.
9.04.050 Application of ordinance.
Page 2 of 45
The regulations set forth in this Subdivision Ordinance shall apply to all or parts of subdivisions within the City and
to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act and this
Subdivision Ordinance. All subdivisions and any part thereof lying within the City shall be made and all subdivision
maps shall be prepared and presented for approval in accordance with this Subdivision Ordinance.
9.04.060 Exclusions.
This Subdivision Ordinance shall not apply to actions exempted by Government Code sections 66412 and any
others specifically exempted by the State Subdivision Map Act, except that the procedures for the application,
review and approval of Lot Line Adjustments shall be as outlined in Chapter 9.50.
9.04.070 Fees and deposits.
All applicants for the approval of maps or for other approvals as required by this Subdivision Ordinance shall pay all
fees and/or deposits as established by City Council resolution.
9.04.080 General responsibilities.
In addition to the specific responsibilities set forth elsewhere in the Subdivision Ordinance, the following agencies
and officers, or their duly authorized representatives, shall have the general responsibilities hereby designated.
A. City Attorney. The City Attorney is responsible for approving as to form all subdivision improvement
agreements and security and governing documents for a common interest development.
B. City Clerk. The City Clerk is responsible for filing and maintaining all official documents.
C. City Council. The City Council responsibilities shall be as follows:
The City Council shall act as the appeal board for subdivision decisions or actions of the Planning
Commission.
The City Council shall act as the appeal board for subdivision decisions or actions of the City
Engineer on final maps, parcel maps, improvement agreements and/or dedications.
When tentative maps are processed concurrently with other land use applications requiring City
Council action, the City Council shall have authority for approval, conditional approval, or
disapproval of the tentative map application.
D. City Engineer. The City Engineer or his or her designated representative, as specified in the Subdivision
Map Act, shall have the following responsibilities:
The City Engineer shall have final approval or disapproval authority for final maps, parcel maps,
improvement agreements, and the acceptance or rejection by the City of lands and/or
improvements as may be offered for dedication to the City under Government Code sections
66458, 66463, 66477.1, 66477.2 and 66477.3.
The City Engineer is responsible for determining if proposed subdivisions comply with provisions of
the Subdivision Map Act and this Subdivision Ordinance.
The City Engineer is responsible for the approval or disapproval of requests for parcel map waivers
Page 3 of 45
under Section 9.06.030.
The City Engineer is responsible for determining whether the proposed improvements are
consistent with the design and improvement standards specified or referred to in this Subdivision
Ordinance, and for the inspection, and approval of all such improvements, and for making
recommendations on granting exceptions requested under Section 9.12.090.
The City Engineer shall, on a regular basis, report to the City Council on consideration and action
on final maps, parcel maps, improvement agreements, and the acceptance or rejection by the City
Engineer of lands and/or improvements offered for dedication.
E. Community Development Director. The Community Development Director responsibilities shall be as
follows:
The Community Development Director is responsible for the approval, conditional approval or
disapproval of Tentative parcel maps and lot line adjustments, except for tentative parcel maps
subject to concurrent processing under Subsection C.3 above.
Reviewing, distributing, and processing tentative tract and tentative parcel map applications and
making a recommendation on compliance with the California Environmental Quality Act (CEQA).
The Community Development Director shall have the power to direct the issuance of citations,
cease and desist orders and other appropriate orders involving violations of provisions of this
Subdivision Ordinance.
At any point in the review process and at his or her sole discretion, the Community Development
Director may transfer original hearing jurisdiction to the Planning Commission because of policy
implications, unique or unusual circumstances, or the magnitude of the project.
Planning Commission. The Planning Commission responsibilities shall be as follows:
The Planning Commission is responsible for the approval, conditional approval, or disapproval of
tentative tract maps.
At any point in the review process and at its sole discretion, the Planning Commission may transfer
original hearing jurisdiction to the City Council because of policy implications, unique or unusual
circumstances, or the magnitude of the project.
The Planning Commission shall act as the appeal board for decisions of the Community
Development Director.
When tentative maps are processed concurrently with other land use applications requiring City
Council action, the Planning Commission shall make a recommendation on the maps to the City
Council.
9.04.090 Definitions.
All words and terms used in this Subdivision Ordinance shall have the same meaning as defined in the Subdivision
Map Act, except as expressly defined in this section.
"Advisory agency" means a designated official or an official body charged with the duty of reviewing the design and
improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, or having
the authority under this Subdivision Ordinance to approve, conditionally approve or disapprove maps.
Page 4 of 45
"Final map" means a map showing a subdivision prepared in accordance with the provisions of this Subdivision
Ordinance and the Subdivision Map Act and designed to be recorded in the office of the Alameda County Recorder.
"Parcel map" means a map showing a subdivision of four or fewer parcels, prepared in accordance with the
provisions of this Subdivision Ordinance and the Subdivision Map Act and designed to be recorded in the office of
the Alameda County Recorder. A parcel map also means a map showing a subdivision of five or more parcels
under the final map exemption in Government Code section 66426(a) — (e).
"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 him or herself or for others except that employees and
consultants of such persons or entities, acting in such capacity, are not "subdividers."
"Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any
portion thereof, as shown on the latest equalized county assessment roll as a unit or as contiguous units, for the
purpose of sale, lease or financing, whether immediate or future, and as further defined in section 66424 of the
Subdivision Map Act.
"Tentative Map" means a map made for the purpose of showing the design and improvement of a proposed
subdivision and the existing conditions in and around it. "Tentative Map" includes a Tentative parcel map and a
Tentative tract map.
"Tentative parcel map" means a tentative map prepared in connection with a subdivision of four or fewer parcels.
"Tentative tract Map" means a tentative map prepared in connection with a subdivision of five or more lots.
"Vesting Tentative Map" means a tentative map that meets the requirements set forth in Chapter 9.40.
9.04.100 Authority for subdivision decisions.
Table 9 -1 (Subdivision Review Authority) identifies the city official or authority responsible for reviewing and making
decisions on each type of subdivision application or other decision required by this article.
Table 9 -1
Subdivision Review Authority
Issue /Document
Applicable
Code Section
Role of Review Authority0)
Community
Development
Director
City Engineer
Planning
Commission
City Council
Tentative parcel map
9.08
Decision(2)(3)
Appeal
Parcel map
9.24
Decision(2)
Appeal
Tentative tract map
9.08
Decision(2)(3)
Appeal
Final map
9.24
Decision(2)
Appeal
Certificate of compliance
9.56
Decision(2)
Appeal
Lot line adjustment
9.52
Decision(2)
Appeal
Parcel map waiver
9.06
Decision(2)
Appeal
Reversion to acreage
9.48
Decision
Time extension
9.40
Decision(2)
Appeal
Page 5 of 45
Notes:
(1) "Decision" means that the review authority makes the final decision on the matter; "Appeal' means that the
review authority may consider and decide upon appeals of the decision of an earlier decision - making body in
accordance with Government Code section 66452.5.
(2) At its sole discretion, the review authority may transfer original hearing jurisdiction to a higher body.
(3) For tentative maps subject to concurrent processing, the Planning Commission makes a recommendation to the
City Council.
Page 6 of 45
Chapter 9.06
MAPS REQUIRED
Sections:
9.06.010 General.
9.06.020 Division of land — five or more parcels.
9.06.030 Division of land — four or fewer parcels.
9.06.010 General.
The necessity for tentative, final, and parcel maps shall be governed by the provisions of this chapter.
9.06.020 Division of land — five or more parcels.
A Tentative tract map and final map shall be required for all divisions of land creating five (5) or more parcels, five
(5) or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing
five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more
dwelling units, except where any one of the following occurs:
A. The land before division contains less than five (5) acres, each parcel created by the division abuts upon a
maintained public street or highway, and no dedications or improvements are required by the Planning
Commission or City Council.
B. Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved
access to a maintained public street or highway.
C. The land consists of a parcel or parcels of land having approved access to a public street or highway,
which comprises part of a tract of land zoned for industrial or commercial development, and which has the
approval of the Planning Commission or City Council as to street alignments and widths.
D. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a
quarter of a quarter section.
E. The land is being subdivided solely for the creation of an environmental subdivision pursuant to Section
66418.2 of the Subdivision Map Act.
A Tentative parcel map shall be required for the subdivisions described in sections 9.06.020.A through
9.06.020.E, and a parcel map shall be required rather than a final map unless the parcel map is waived by
the City Engineer in accordance with Section 9.06.030.C.
9.06.030 Division of land — four or fewer parcels.
A. General. A Tentative parcel map and parcel map shall be required for all divisions of land into four (4) or
fewer parcels, except as provided below.
B. No parcel map required. No parcel map shall be required for the following.
1. Subdivisions of a portion of the operating right -of -way of a railroad corporation, defined by Section 230
of the Public Utilities Code, that are created by short -term leases (terminable by either party on not
Page 7 of 45
more than thirty (30) days' notice in writing).
2. Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to
a subsidiary of a public utility for conveyance to that public utility for rights -of -way, unless a showing is
made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. For
purposes of this Section, land conveyed to or from a governmental agency shall include a fee interest,
a leasehold interest, and easement, or a license.
C. Parcel map waiver. The City Engineer may waive the requirement for filing a parcel map, as provided
below.
1. A subdivider wishing to request a waiver of the parcel map requirement shall submit a waiver request in
writing to the City Engineer.
2. The parcel map requirement may be waived upon a finding that the proposed subdivision complies with
the Subdivision Ordinance requirements as to lot area, improvement and design, floodwater drainage
control, appropriate improved public roads, sanitary disposal facilities, water supply availability,
environmental protection, other requirements of the Subdivision Map Act, and this Subdivision
Ordinance.
3. The City Engineer shall act upon the application for a parcel map waiver within 60 days after the waiver
application is deemed complete.
4. A parcel map waiver may be conditioned to provide for the payment of park land dedication and any
other fees generally applied to subdivision projects.
Page 8 of 45
Chapter 9.08
TENTATIVE TRACT AND TENTATIVE PARCEL MAPS
Sections:
9.08.010 General.
9.08.020 Persons authorized to prepare.
9.08.030 Tentative map number.
9.08.040 Filing.
9.08.050 Form and contents.
9.08.060 Accompanying data and reports.
9.08.070 Hearing.
9.08.080 Public notice.
9.08.090 Action — Tentative tract maps.
9.08.100 Action — Tentative parcel maps.
9.08.110 Appeals.
9.08.120 Extension of time for action or report.
9.08.130 Effective period of approved tentative map.
9.08.010 General.
The form and contents, submittal and approval of Tentative tract maps for the subdivision of five or more parcels
and Tentative parcel maps for the subdivision of four or fewer parcels shall be governed by the provisions of this
chapter.
9.08.020 Persons authorized to prepare.
All tentative maps shall be prepared by a registered civil engineer or licensed land surveyor.
9.08.030 Tentative map number.
The tentative map number shall be assigned by and obtained from the County Recorder.
9.08.040 Filing.
All tentative map applications shall be filed with the Community Development Director and submitted in accordance
with Section 8.124 of the Zoning Ordinance (Applications, Fees, and Deposits).
9.08.050 Form and contents.
The form and contents of the tentative map and the number of copies required for the application shall be
prescribed by the Community Development Director and in accordance with the Application Submittal
Requirements for Tentative Maps. The Community Development Director may authorize deletion or reduction of
map requirements on the determination that the map contains sufficient information to be evaluated adequately.
9.08.060 Accompanying data and reports.
The tentative map shall be accompanied by the materials identified in the City of Dublin Application Submittal
Requirements for Tentative Maps, including, but not limited to:
Page 9 of 45
A. A preliminary grading plan prepared by a civil engineer registered by the State of California.
B. A preliminary soils report prepared by a civil engineer or geotechnical engineer registered by the State of
California. For subdivisions within a seismic hazard zone, the report shall include supplemental data and
analysis consistent with the requirements and specifications of the Alquist - Priolo Earthquake Fault Zoning
Act and/or the Seismic Hazards Mapping Act. If the preliminary soils report indicates the presence of
critically expansive soils, corrosive soils, or other soil problems that, if not corrected, could lead to structural
defects, a soils investigation of each lot in the subdivision may be required. If the investigation and civil
engineer's report recommends corrective action, building permits can be conditioned to incorporate the
recommendations.
C. Additional reports and data may be required by the City Engineer when deemed necessary due to scale of
the proposed subdivision or presence of potential hazardous or environmentally sensitive conditions.
D. A "will serve" letter from the agency proposed to provide sewer and water service to the proposed
subdivision indicating and committing that sewer and water service connections and service can be
provided to the proposed subdivision.
9.08.070 Noticed public hearing.
The Advisory agency shall conduct a noticed public hearing on tentative tract maps. The Community Development
Director shall conduct a noticed public hearing on tentative parcel maps.
9.08.080 Public notice.
The City shall provide notice of the hearing on a tentative map in accordance with Chapter 8.132 (Notice and
Hearings) of the Zoning Ordinance.
9.08.090 Action — tentative tract maps.
A. Advisory agency, timing. The Planning Commission is the Advisory agency, and shall approve,
conditionally approve, or disapprove Tentative tract maps within fifty (50) days after certification of the
environmental impact report, adoption of a negative declaration, or a final determination that the project is
exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources
Code.
B. Conditions. Conditions of approval may include, but are not limited to, dedication and improvement of
streets, alleys, including access rights and abutters' rights, drainage, public utility easements and other
public easements; reservations; the design and improvement of subdivisions; requirements to implement
CEQA mitigation measures; ensuring proper grading and erosion control, ensuring prevention of
sedimentation or damage to offsite property; energy conservation; and ensuring compliance with adopted
development standards. Conditions of approval related to indemnification shall be in conformance with
Section 66474.9 of the Government Code
Dedications. Conditions of approval may require dedications or offers of dedication for any purpose
specified in the Subdivision Map Act, including but not limited to Government Code sections 66473.3,
66475 through 66478, and 66478.5.
Page 10 of 45
Reservations. The subdivider, as a condition of approval of a tentative tract map, may be required to
reserve areas of real property for fire stations, libraries, parks, or other public uses, in compliance with
the requirements of Government Code sections 66479 through 66482.
3. Water supply. Any Tentative tract map for a subdivision as defined in Government Code section
66473.7 shall be conditioned to show that a sufficient water supply shall be available, as further
provided in that section.
C. Findings for approval. All of the following findings shall be made in order to approve a tentative tract map
and shall be supported by substantial evidence in the public record.
The proposed subdivision map together with the provisions for its design and improvement is
consistent with the General Plan and any applicable specific plan. [Government Code section 66474a,
b]
2. The subdivision site is physically suitable for the type and proposed density of development.
[Government Code section 66474c, d]
The Tentative tract map is consistent with the intent of applicable subdivision design or improvements
of the Tentative tract map are consistent with the City's General Plan and any applicable specific plan.
4. The subdivision design and proposed improvements will not cause substantial environmental damage
or substantially and avoidably injure fish or wildlife or their habitat. [Government Code section 66474e]
5. The design of the subdivision or type of improvements will not cause serious public health concerns.
[Government Code section 66474t]
6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by
the public at large, for access through or use of, property within the proposed subdivision; or alternate
easements are provided pursuant to Government Code section 66474(g).
The design or improvements of the Tentative Map are consistent with the City's General Plan and any
applicable specific plan.
8. The subdivision is designed to provide for future passive or natural heating or cooling opportunities.
[Government Code section 66473.1]
The Tentative tract map, including design and improvement, shall comply with all the applicable
provisions and requirements of the Zoning Ordinance, the latest Municipal Stormwater Permit issued to
the City by the Regional Water Quality Control Board, this Subdivision Ordinance, any other ordinance
of the City, and the Subdivision Map Act.
D. Conformance to City ordinance.
General. The approval, conditional approval or disapproval of the Tentative tract map shall be based
on the ordinances, policies, and standards in effect on the date the application was determined to be
complete.
Requirements of other agencies. The applicant shall be responsible for complying with the tentative
map requirements of other agencies, as appropriate.
E. Referral. At any point in the review process and at its sole discretion, the Planning Commission may
transfer original hearing jurisdiction to the City Council because of policy implications, unique or unusual
circumstances, or the magnitude of the project.
Page 11 of 45
9.08.100 Action — Tentative parcel maps.
A. Advisory agency, timing. The Community Development Director is the Advisory agency and shall
approve, conditionally approve, or disapprove Tentative parcel maps within fifty (50) days after certification
of the environmental impact report, adoption of a negative declaration, or a final determination that the
project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public
Resources Code unless another time period is required by the Subdivision Map Act.
B. Conditions. Conditions of approval shall be limited to the dedication of rights -of -way, easements, and
construction of reasonable offsite and onsite improvements for the parcels being created. Conditions of
approval related to indemnification shall be in conformance with Section 66474.9 of the Government Code.
1. Dedications. Conditions of approval may require dedications or offers of dedication for any purpose
specified in the Subdivision Map Act, including but not limited to Government Code sections 66473.3,
66475 through 66478, and 66478.5.
2. Reservations. The subdivider, as a condition of approval of a Tentative parcel map, may be required
to reserve areas of real property for fire stations, libraries, parks, or other public uses, in compliance
with the requirements of Government Code sections 66479 through 66482.
3. Timing. Fulfillment of any construction requirements shall not be required until the time a permit or
other grant of approval for development of the parcel is issued, or as otherwise authorized under
Government Code section 66411.1(b).
C. Findings for approval. All of the following findings shall be made in order to approve a Tentative parcel
map and shall be supported by substantial evidence in the public record.
1. The proposed subdivision map together with the provisions for its design and improvement is
consistent with the General Plan and any applicable specific plan. [Government Code section 66474a,
b]
2. The subdivision site is physically suitable for the type and proposed density of development.
[Government Code section 66474c, d]
3. The tentative tract map is consistent with the intent of applicable subdivision design or improvements of
the tentative tract map are consistent with the City's General Plan and any applicable specific plan.
4. The subdivision design and proposed improvements will not cause substantial environmental damage
or substantially and avoidably injure fish or wildlife or their habitat. [Government Code section 66474e]
5. The design of the subdivision or type of improvements will not cause serious public health concerns.
[Government Code section 66474t]
6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by
the public at large, for access through or use of, property within the proposed subdivision; or alternate
easements are provided pursuant to Government Code section 66474(g).
7. The design or improvements of the tentative map are consistent with the City's General Plan and any
applicable specific plan.
8. The subdivision is designed to provide for future passive or natural heating or cooling opportunities.
[Government Code section 66473.1]
9. The tentative tract map, including design and improvement, shall comply with all the applicable
Page 12 of 45
provisions and requirements of the Zoning Ordinance, the latest Municipal Stormwater Permit issued to
the City by the Regional Water Quality Control Board, this Subdivision Ordinance, any other ordinance
of the City, and the Subdivision Map Act.
D. Conformance to City ordinance.
General. The approval, conditional approval or disapproval of the tentative tract map shall be based
on the ordinances, policies, and standards in effect on the date the application was determined to be
complete.
2. Requirements of other agencies. The applicant shall be responsible for complying with the tentative
map requirements of other agencies, as appropriate.
E. Referral. At any point in the review process and at his or her sole discretion, the Community Development
Director may transfer original hearing jurisdiction to the Planning Commission because of policy
implications, unique or unusual circumstances, or the magnitude of the project.
9.08.110 Appeals.
Appeals may be filed with, considered, and acted upon by the appeal body specified in Chapter 9.04 in accordance
with Section 66452.5 of the Government Code.
9.08.120 Extension of 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 Community
Development Director, Planning Commission or, if applicable, the City Council in accordance with the requirements
of the Subdivision Map Act.
9.08.130 Effective period of approved tentative map.
A. Effective period. The approval or conditional approval of a tentative map shall be effective for 36 months
from the date of its approval by the Planning Commission, for tentative tract maps, or the Community
Development Director, for tentative parcel maps. Expiration of a tentative map shall terminate all
proceedings.
B. Statutory extensions and stays. The effective period of an approved or conditionally approved tentative
map, or a tentative tract map with multiple final maps, or a tentative map that is subject to a development
moratorium, or as otherwise provided in the Subdivision Map Act shall be extended or stayed in
accordance with applicable provisions of the Subdivision Map Act, including but not limited to Government
Code section 66452.6.
C. Litigation stay. The period of time specified above shall not include any period of time during which a
lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or
conditional approval of a tentative map only if a stay of the time period is approved by the City Council.
Within ten (10) days of the service of the initial petition or complaint upon the City, the subdivider shall, in
writing, to the Community Development Director, request a stay in the time period of the tentative map.
Within forty (40) days after receiving the request, the City Council shall either stay the time period for up to
five years or deny the requested stay. The request for the stay shall be a hearing with notice to the
subdivider and to the appellant/petitioner, and upon conclusion of the hearing, the City Council shall, within
ten (10) days, declare its findings.
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D. Discretionary extensions. Upon application of the subdivider during the effective period, the Planning
Commission may extend the expiration dates of approved or conditionally approved tentative subdivision
maps for a period or periods of up to 6 years pursuant to the provisions of Government Code section
66452.6(e).
E. Extensions related to development agreement. A tentative map on property subject to a development
agreement authorized by Government Code section 65864 may be extended for a period of time provided
in the development agreement, but not beyond the duration of the development agreement.
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Chapter 9.12
DESIGN
Sections:
9.12.010
General requirements.
9.12.020
Street alignment.
9.12.030
Street and alley grades and widths.
9.12.040
Blocks.
9.12.050
Parcels.
9.12.060
Grading.
9.12.070
Erosion and sediment control.
9.12.080
Flood hazards.
9.12.090
Exceptions.
9.12.010 General requirements.
In addition to meeting the specific requirements of this title, the design of the subdivision shall, to the satisfaction of
the advisory agency, conform to the land use, circulation and other policies of the City's General Plan and its
component elements and any other officially adopted specific plan or land development policy, and shall conform to
the Zoning Ordinance (Title 8), officially adopted standards for streets and roads, grading, erosion and siltation
control, seismic safety, and design standards adopted by utilities, 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, and the physical characteristics of the land.
9.12.020 Street alignment.
The centerlines of all streets and highways which are to be extended shall be the continuation of the centerlines of
existing streets and highways on adjacent and contiguous property. In cases in which the straight continuations are
not desirable, the centerlines may be continued by curves tangent at the intersection with the boundaries of the
proposed subdivision to the centerlines of existing streets or highways.
9.12.030 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 one -half
of one percent (0.5 %), except where otherwise approved by the City Engineer. Maximum street grade is
twelve percent (12 %), except where otherwise approved by the City Engineer.
B. Where a subdivision adjoins unsubdivided land, 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 (Chapter 8.32) 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
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required where topographical conditions make easements desirable.
9.12.040 Blocks.
A. Blocks shall not exceed one thousand three hundred fifty feet (1,350') in length unless the previous
adjacent layout or topographical conditions or the special design of the particular subdivision justify a
variation from the requirement. However, blocks in excess of one thousand three hundred fifty feet (1,350')
are allowed along arterial streets 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 feet (100') sight distance diagonally between two (2) vehicles approaching the corner on
intersecting street centerlines; the radius of the curve shall be not less than twenty (20) feet.
9.12.050 Parcels.
A. Parcels shall be designed to meet or exceed the minimum standard for area, lot width, lot depth, and lot
frontage specified for the Zoning Ordinance (Title 8) for the zoning district in which the subdivision is
located.
B. Parcels, and the grading thereof, shall be of a size and shape to accommodate the uses that reasonably
could be expected to occur under applicable 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.
C. Parcels shall be designed to provide, to the extent feasible, for future passive or natural heating or cooling
opportunities within the subdivision.
9.12.060 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 and geologic investigation reports prepared for the
proposed subdivision, and subject to review and approval by the City Engineer, and shall specifically conform with
all design standards contained in the City's grading regulations set forth in Chapter 7.16.
9.12.070 Erosion and sediment control.
Erosion and sediment control facilities shall control and contain erosion - caused sediment deposits and provide for
the safe discharge of sediment -free stormwater into existing storm drain facilities and natural watercourses.
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 sedimentation.
C. Temporary Debris Basins. Temporary debris basins shall be installed prior to commencing grading
operation and shall be maintained until the permanent erosion and sediment control measures have been
installed and are fully effective.
D. Erosion and sediment control measures. These measures shall be consistent with the
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recommendations contained in the preliminary soils investigation report and the report evaluating the
geological conditions present, to the extent reviewed and approved by the City Engineer.
9.12.080 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 floodwaters into the systems and prevent discharges of sewage and other contaminants into flood
waters.
9.12.090 Exceptions.
The advisory agency may, in the exercise of reasonable judgment, grant exceptions to the requirements of this
Chapter, for street alignment, grades, widths, lengths, block design, lot width and lot frontage, and to all subjects
referred to in Sections 9.12.060 and 9.12.070, as determined warranted by topographic limitations soil or geological
conditions, or other site - specific conditions that warrant special consideration as determined by the City Engineer.
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Chapter 9.16
IMPROVEMENTS
Sections:
9.16.010
Duty of subdivider to improve streets.
9.16.020
Required improvements.
9.16.030
Standards for improvements.
9.16.040
Improvement plans.
9.16.050
Inspection by City Engineer.
9.16.060
Cost of inspection.
9.16.070
Completion of improvements.
9.16.080
Supplemental improvement capacity.
9.16.090
Bridges and major thoroughfares.
9.16.010 Duty of subdivider to improve streets.
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.
9.16.020 Required improvements.
The required improvements shall include:
A. Streets and Roads. Grading, curbs and gutters, and surfacing of streets, highways and public ways, and
the drainage thereof.
B. Grading Lots. The grading of the lots and the drainage thereof as may be required by the design of the
approved tentative map.
C. Stormwater Control and Treatment. Stormwater control measures in compliance with the Municipal
Code, the latest Regional Water Quality Control Board Clean Water Construction General Permit, and the
latest Municipal Regional Stormwater NPDES Permit. The control and treatment measures shall reduce
erosion and sedimentation from entering the storm drain system from the subdivision site (point source).
D. Water Supply and Sanitary Sewer. Subdivisions shall be served with water and sanitary sewer
connections in the manner approved by the Dublin San Ramon Services District unless an alternative
design is proposed and approved by the City Engineer.
E. Utilities. Subdivisions shall be served by public utilities (gas, electricity, internet/cable /phone) unless an
alternative design is proposed and approved by the City Engineer.
F. Public Safety. 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. Fire Hydrants. Fire hydrants shall be furnished and installed as approved by the local water district, Fire
Marshal, and City Engineer.
H. Trails and bikeways. Trails and bikeways as designated on the general plan or applicable specific plan,
or the City's adopted bicycle and pedestrian master plan.
9.16.030 Standards for improvements.
Except as provided in Section 9.16.020, all improvements shall be constructed in accordance with standard
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engineering practice and in accordance with standard plans and specifications approved by the City.
9.16.040 Improvement plans.
Before beginning any construction or installation of improvements, a complete set of plans, profiles, cross sections,
and other drawings for all improvements, together with a complete set of detailed specifications for the work, shall
be submitted to the City Engineer for review and approval. All work shall be according to City standards and
specifications. The City Engineer shall be furnished, without cost, one or more complete sets of the signed plans as
required. No work shall commence without approved, signed plans.
9.16.050 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 or she may require for the making of tests to determine the
acceptability of the materials.
9.16.060 Cost of inspection.
The subdivider shall pay to the City the actual cost for the inspection of the work and checking materials in
accordance with the City's Fee Schedule.
9.16.070 Completion of improvements.
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 and electronic files compatible with the
City's GIS system showing the subdivision as it has been completed. The subdivider shall also provide recorded
conditions, covenants and restrictions documents, and other documents pertinent to the development as
reasonably determined by the City Engineer.
9.16.080 Supplemental improvement capacity.
A. Requirement to supplement. As a condition of approval of a tentative map, there may be imposed a
requirement that improvements installed by the subdivider 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, subject to the reimbursement agreement provisions of
Sections 66486 and 66487 of the Subdivision Map Act.
B. Reimbursement Agreement. If such a requirement is imposed, the City shall enter into an agreement
with the subdivder to reimburse the subdivider for that portion of the cost of those improvements, including
an amount attributable to interest, in excess of the construction required for the subdivision. The City
Engineer shall determine the method for payment of the costs, which may include:
The collection from other persons, including public agencies, using such improvements for the
benefit of real property not within the subdivision, a reasonable charge for such use.
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.
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The establishment and maintenance of local benefit districts for the levy and collection of such
charge or costs from the property benefited.
9.16.090 Bridges and major thoroughfares.
A. Purpose. The purpose of this section is to make provisions for assessing and collecting fees as a
condition of approval of a final map or as a condition of issuing a building permit for the purpose of
defraying the actual or estimated cost of constructing bridges over waterways, freeways, railways, or
canyons or constructing major thoroughfares pursuant to Section 66484 of the Subdivision Map Act.
B. Definitions. For the purposes of this section, the following words and phrases shall have the following
meanings:
"Construction" means design, acquisition of right -of -way, administration of construction contracts,
actual construction and inspections.
"Major thoroughfare" means a roadway as shown in the Circulation and Scenic Highways Element
of the General Plan whose primary purpose is to carry through traffic and provide a network
connecting to the state highway system.
C. Payment of Fees Generally.
Prior to filing a final map which includes land within an area of benefit established pursuant to this
subsection, the subdivider shall pay or cause to be paid any fees established and apportioned to
such property pursuant to this section and any resolution adopted pursuant to this section for the
purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways,
freeways or canyons and/or constructing major thoroughfares.
Prior to the issuance of a building permit for construction on any property within an area of benefit
established pursuant to this section, the applicant for such permit shall pay or cause to be paid any
fees established and apportioned pursuant to this section for the purpose of defraying the actual or
estimated cost of constructing bridges over waterways, railways, freeways or canyons or
constructing major thoroughfares, unless such fees have been paid pursuant to subsection C.1 of
this section.
Notwithstanding the provisions of subsections C.1 and C.2 of this section:
a. Payment of bridge fees shall not be required unless the planned bridge facility is an
original bridge serving the area or an addition to any existing bridge facility serving the
area at the time of adoption of the boundaries of the area of benefit.
Payment of major thoroughfare fees shall not be required unless the major thoroughfares
are in addition to, or a reconstruction of, any existing major thoroughfares serving the area
at the time of the adoption of the boundaries of the area of benefit.
D. Consideration in Lieu of Fees. Upon application by the subdivider or applicant for a building permit, the
City Council may accept consideration in lieu of the payment of fees required pursuant to this section;
provided that the City Council first finds, upon recommendation of the Public Works Director, that the
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substitute consideration has a value equal to or greater than the fee; and provided further that the
substitute consideration is in a form acceptable to the City Council.
E. Public hearing. Prior to establishing an area of benefit, a public hearing shall be held by the City Council
at which time the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair
method of allocation of costs to the area of benefit and fee apportionment, shall be established by
resolution, a certified copy of which shall be recorded. Notice of the public hearing shall be given pursuant
to Government Code section 65091 and shall include preliminary information related to the boundaries of
the area of benefit, estimated cost and the method of fee apportionment. The area of benefit may include
land or improvements in addition to the land or improvements which are the subject of any map or building
permit application considered at the public hearing.
Exemptions. Notwithstanding the provisions of subsection E of this section, the Council may provide an
exemption from payment of such fees in the resolution establishing the area of benefit and amount of fees.
G. Protest.
At any time not later than the hour set for hearing objections to the proposed bridge facility and/or
major thoroughfare, any owner of property to be benefited by the improvement may file a protest
against the proposed bridge facility or major thoroughfare or against the extent of the area to be
benefited by the improvements or against both of them. Such protests must be in writing and must
contain a description of the property in which each signer thereof is interested, sufficient to identify
such property, and, if the signers are not shown on the last equalized assessment roll as the
owners of such property, must contain or be accompanied by written evidence that such signers
are the owners of such property. All such protests shall be delivered to the City Clerk no later than
five p.m. (5:00 p.m.) on the day of the public hearing and no other protest or objections shall be
considered. Any protests may be withdrawn, in writing, by the owners making such protests, at
any time prior to the conclusion of the public hearing.
If there is a written protest filed with the City Clerk by the owners of more than one -half (1/2) of the
area of the property to be benefited by the improvement, and sufficient protests are not withdrawn
so as to reduce the area represented to less than one -half (1/2) of that to be benefited, then the
proposed proceedings shall be abandoned and the City Council shall not, for one (1) year from the
filing of that written protest, commence or carry on any proceedings for the same improvement, or
that portion thereof so protested against, under the provisions of this section.
H. Funds. Fees paid pursuant to this section shall be deposited into the City's capital projects fund. A
separate account within such fund shall be established for each bridge facility project or each major
thoroughfare project. Money in such accounts shall be expended solely for the construction or
reimbursement for construction of the improvement serving the area to be benefited and from which the
fees comprising the account were collected, or to reimburse the City for the cost of constructing the
improvement.
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Chapter 9.20
SURVEYS AND MONUMENTS
Sections:
Monuments — interior lots.
9.20.010
Field survey.
9.20.020
Discrepancy.
9.20.030
Compiled map.
9.20.040
Accuracy required.
9.20.050
Remainder.
9.20.060
Ties to centerlines.
9.20.070
Boundary monuments.
9.20.080
Street monuments.
9.20.090
Monuments — interior lots.
9.20.100
Monuments —time for setting.
9.20.110
Monuments —inspection and approval.
9.20.120
California coordinate system.
9.20.010 Field survey.
A. A final map or a parcel map, prepared by or under the direction of a Licensed Land Surveyor (Land
Surveyor) or a Civil Engineer Licensed prior to 1982 (Civil Engineer), based upon a field survey shall be
made in conformity with the Professional Land Surveyor's Act. (Business and Professions Code §§ 8700 -
8805) and the Subdivision Map Act.
B. An accurate and complete boundary shall be made of the land to be included on the final map or parcel
map. The map shall show the location of each parcel and its relationship to any and all surveys prepared in
the area.
9.20.020 Discrepancy.
A. Whenever the field survey indicates a discrepancy from previously recorded data, the record bearing or
dimension shall be shown in parentheses with the referenced recorded map information and in the same
basis of bearings as the survey along with the field dimension.
B. When the discrepancy is major and causes a conflict to title, the land surveyor, civil engineer and
subdivider shall take appropriate action to clear said title prior to the filing of the map.
9.20.030 Compiled map.
A. A parcel map maybe compiled from a recorded or filed map if all of the following conditions exist:
1. 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.
2. The parcel map complies with Government Code section 66448 of the Subdivision Map Act.
3. No material discrepancy exists within the recorded or filed map information shown on the compiled
map.
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4. All of the exterior boundary lines are indicated by field bearings and distance on the compiled map.
5. Sufficient survey information exists on the compiled map to locate and retrace the exterior boundary
lines.
6. At least one of these boundary lines can be established from an existing monumented line which is
shown on the compiled map.
9.20.040 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 an
acceptable limit of error (not less than 1 part in 25,000).
9.20.050 Remainder.
A. If the remainder of the original parcel shown on the parcel map has a gross area of five (5) acres or more,
the 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."
B. Designation of remainder parcels shall be as prescribed per Government Code section 66424.6.
9.20.060 Ties to centerlines.
Whenever the City Engineer has established the centerline or monumented offset line of a street or alley, ties shall
be made to that centerline or monument line and any monument or reference point thereon.
9.20.070 Boundary monuments.
A. At the time of making the survey for the final map or parcel map, the land surveyor or civil engineer shall
set sufficient durable monuments to conform with the standards described in the California Business and
Professions Code section 8771 and California Government Code section 66495, so that another land
surveyor or civil engineer may readily retrace the survey. If the timing for setting these monuments is
designated on the final map or parcel map, security as set forth in California Government Code § Section
66496 will be made, by the subdivider, with the City Engineer prior to the recording of the Final map or
Parcel map.
B. All monuments necessary to establish the exterior boundaries of the subdivision shall be set, or witness
thereto, and shall be sufficient in number together with existing monuments of record for the perpetuation or
facile reestablishment of any point or line of the exterior boundary.
C. Exterior boundary monuments set shall be durable in nature, such as an iron pipe, and efficiently placed so
as not to be readily disturbed.
9.20.080 Street monuments.
A. 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.
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B. Permanent monuments on public and private streets shall conform to the approved Standards Plans of the
city for concrete monument for use on subdivision projects.
9.20.090 Monuments — Interior Lots
A. Interior parcel or lot line monuments shall be set or witness thereto as required in the Business and
Professions Code and Government Code section 8700 - 8805.
B. Interior monuments or witness monuments as designated upon the final map or parcel map shall be as
prescribed on the map and set as stated in the surveyor's statement on the final map or parcel map.
9.20.100 Monuments —Time for setting.
A. Exterior boundary, Street Monuments and interior lot monuments shall be set as prescribed in the
Surveyors Statement on the Final map or Parcel map.
B. At least one exterior boundary line of the land being subdivided shall be adequately monumented or
referenced before the map is recorded.
C. Monuments may be designated to be set after approval of the final map or parcel map provided that they
are set not later than the time of acceptance of improvements and adequate monument security is filed with
the city prior to City Engineer approval and certification of the map.
D. When Exterior Boundary Monuments, Street Monuments and Interior Monuments are not set at the time of
recording of the final map or parcel map, the land surveyor or civil engineer shall certify on the map the
date the monuments will be established, and the subdivider shall deposit with the City a security in an
amount sufficient to cover the cost of setting such monuments, as determined by the City Engineer.
9.20.110 Monuments — Inspection and approval.
A. All monuments shall be subject to inspection and approval by the City Engineer.
B. Within five days after the setting of all monuments as shown on the final map or parcel map has been
completed by the land surveyor or civil engineer, written notice shall be given to the subdivider and the City
Engineer that the final monuments have been set. Written notice to the City Engineer shall certify that all
monuments have been set under the direction of the land surveyor or civil engineer as shown on the
recorded final map or parcel map and within the tolerances specified in Section 9.20.040. Written
notification regarding payment for the setting of the monuments shall be provided in accordance with
Government Code section 66497.
9.20.120 California coordinate system.
Whenever the City Engineer has an approved system of California coordinate monuments, the field survey shall be
tied into the approved monuments.
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CHAPTER 9.24
FINAL MAPS AND PARCEL MAPS
Sections:
9.24.010 General.
9.24.020 Phasing of final maps.
9.24.030 Form.
9.24.040 Contents.
9.24.050 Procedure.
9.24.060 Data and material to accompany final map or parcel map submittal.
9.24.070 Improvement Agreements.
9.24.080 Action on final map.
9.24.090 Action on parcel map.
9.24.100 Appeal of final map or parcel map to City Council.
9.24.110 Action on final map or parcel map appeal by City Council.
9.24.010 General.
The form, contents, accompanying data and filing of the final map and parcel map shall conform to the provisions of
this chapter. The final map or parcel map shall be prepared by a registered civil engineer or licensed land surveyor.
9.24.020 Phasing of final maps or parcel maps.
A. Multiple final or parcel maps relating to an approved or conditionally approved tentative map may be filed
prior to the expiration of the tentative map if the subdivider, at the time the tentative map is filed, informs the
Community Development Director of the subdivider's intention to file multiple final or parcel maps on the
tentative map. In providing the notice, the subdivider shall not be required to define the number or
configuration of the proposed multiple maps. The proposed phasing shall be reviewed by the advisory
agency as part of the tentative map review and approval.
B. The filing of a final or parcel map on a portion of an approved or conditionally approved tentative map shall
not invalidate any part of the tentative map. Each final or parcel map which constitutes a part, or unit, of
the approved or conditionally approved tentative map shall have a separate subdivision number. For a
phased final map, the subdivision improvement agreement executed by the subdivider shall provide for the
construction of improvements as required by the City Engineer to constitute a logical and orderly
development of the whole subdivision. For a phased parcel map, the advisory agency may impose
reasonable conditions related to filing multiple parcel maps.
C. The filing of any phased final or parcel map shall not extend the expiration date of the approved or
conditionally approved tentative map to which the final or parcel map relates, except as provided in the
Subdivision Map Act, including Government Code section 66452.6(a).
9.24.030 Form.
The form of the final map or parcel map shall conform to the requirements of the Subdivision Map Act and as
follows:
A. The final map or parcel map shall be legibly drawn, printed or reproduced by a process guaranteeing a
permanent record in black on polyester -base film. Statements, affidavits and acknowledgments may be
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legibly stamped or printed upon the map with opaque ink. If ink is used on polyester -based film, the ink
surface shall be coated with a suitable substance to assure permanent legibility.
B. The size of each sheet shall be 18 by 26 inches. The scale of the map shall be one (1) inch equals forty
(40) feet or less, unless otherwise approved by the City Engineer.
C. All printing or lettering on the map shall be a minimum of one - eighth (1/8) inch in height, unless done in
type, then lettering shall be a minimum of one -tenth (1/10) inch in height, and of such shape and weight as
to be readily legible on print reproductions.
9.24.040 Contents.
The contents of the final or parcel map shall conform to the requirements of the Subdivision Map Act and as follows
A. Title block. Each sheet of the map shall contain a title, consisting of the subdivision 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 ", 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 subdivision number.
B. Title sheet. The title sheet shall show the title block; owner's certificate; acknowledgements; surveyors'
certificate; City Engineer's certificate; County Recorder's certificate; language stating " A subdivision of',
being the name, and legal designation of the subdivision in which the survey is located and any other
statements or notes that are required.
C. Map sheet. 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
D. Exterior boundary. The exterior boundary of the land included within the subdivision shall be indicated by
the following symbol: a long line (minimum one -half (1/2) inch in length) followed by three (3) short lines
(maximum one - eighth (1/8) inch each in length).
E. Lot and Parcel Numbers. Lots or parcels shall be numbered in numerical order starting from numeral "1"
and continue consecutively throughout the map, with no omissions or duplications. Circles, squares or
other geometrical figures shall not be drawn around the letter or numbers. Each block shall be shown
entirely on one sheet; each lot or parcel shall be shown entirely on one sheet, unless otherwise approved
by the City Engineer.
Lands for public use or for private 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. 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 be labeled, "Private Street."
G. Lands for public use — Offer of dedication. All 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
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intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, and tenants.
H. 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 street, and the
widths each side of the monument line, also the width of railroad rights -of -way appearing on the map.
Easements - Descriptions. The map shall show the side lines of all easements to which the lots are
subject. Easements shall be clearly labeled and identified, and if already of record, the record reference
given. If any easement of record is not definitely located, a statement of the easement shall appear on the
title sheet. The width, lengths and bearings of the lines showing the easements shall be sufficient to
definitely locate the easement with respect to the subdivision. If the easement is being dedicated by the
map, it shall be properly set out in the owner's certificate of dedication.
Dedications. 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, the dedication
or offers of dedication shall be shown on the map and shall be recorded concurrently with, or prior to, the
map being filed for record.
K. Street Names. The names of all streets, alleys or highways within or adjoining the subdivision shall be
shown. In order to avoid duplication, names to be used on new streets shall be subject to the approval of
the Community Development Director. If any designation by 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
Certificates, statements, and acknowledgements. All certificates, statements and acknowledgements
shall be made as required by Government Code section 66433 et seq. for final maps and by Government
Code section 66444 for Parcel maps.
M. Scale, North Point, and Basics of Bearings. There shall appear on each map sheet the scale, the north
point, and the basis of bearings based on Zone III of the California Coordinates, and the equation of the
bearing to true north. The basis of bearings shall be approved by the City Engineer.
N. Linear, Angular and Radial Data. Sufficient linear, angular and radial data shall be shown to determine
the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision, the
boundary lines on every lot and parcel which is a part of the subdivision, and ties to existing monuments
used to establish the boundary. Arc length, radius and total central angle and radial bearings of all curves
shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.
0. Adjoining Properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision
number, or name when not identified by official number, and reference to the book and page of the filed
map showing such subdivision, and if no such subdivision is adjacent, then by the name of the owner, and
reference to the recorded deed by book page number for the last recorded owner of such adjacent
property.
P. City Boundaries. City boundaries which cross or join the subdivision shall be clearly designated.
Q. Monuments. The final map or parcel map shall show the location and description of all stakes,
monuments or other markers found on the ground or placed in making the survey of the subdivision and in
determining the boundaries thereof, with references sufficient for relocation. Whenever the City Engineer
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has established the center line of a street or alley adjacent to or in a proposed subdivision, the data shall be
shown on the final or parcel map indicating all monuments found and making reference to a field book or
map. If the points were reset by ties, the courses and detail of relocation data shall be shown.
9.24.050 Procedure.
Upon approval of the Tentative tract map or Tentative parcel map, prints of the final map or parcel map shall be
submitted to the City Engineer for his or her examination for conformance to the approved tentative map, local
ordinance, and the Subdivision Map Act.
9.24.060 Data and material to accompany final map or parcel map submittal.
The following data and material shall be provided with the final map or parcel map submittal to the City Engineer by
the subdivider or his or her agent. This list can be modified at the City Engineer's discretion.
A. A survey providing latitudes and departures and coordinates of the boundary, blocks, lots, or parcel and
monument lines of the subdivision, unless a compiled parcel map is submitted in accordance with section
9.20.030.
B. A minimum three (3) sets of prints of the map.
C. A copy of the record owner deed and/or those deeds used in the survey, i.e., senior, adjoiners and
easements.
D. Current title report, showing the legal owners at the time of submittal of the final or parcel map and showing
any deeds of trust.
E. Plans, cross - sections, profiles and specifications of the street improvements, grading, drainage facilities,
water, sanitary sewer improvements, stormwater management and erosion and sediment control measures
or structures and related 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 signed by a registered civil engineer.
H. The tracing of the map shall contain original signatures and shall be submitted for certification when notified
by the City Engineer.
The submittal of a parcel map or final map for a common interest development within the meaning of
Sections 1350 et 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 a parcel map or final map for all subdivisions other than a common interest
development shall include any proposed declaration of covenants, conditions and restrictions. All
documents shall be subject to review and approval by the Community Development Director, City Engineer,
and City Attorney.
Any additional data or material as required by the City Engineer.
9.24.070 Improvement Agreements.
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A. Agreement required. Unless all required improvements have been completed and have been accepted by
the City, prior to the approval of the final map by the City Engineer, the subdivider shall execute and file an
agreement with the City to install all the required improvements, specifying the period within which
subdivider shall complete improvements to the satisfaction of the City and providing that, if subdivider fails
to complete the work within the specified period, the City may complete same and recover the full cost and
expense thereof from the subdivider. The agreement shall also provide for inspections of improvements by
the City Engineer and reimbursement of the City by the subdivider for the cost of such inspections. The
agreement shall also provide the City with the right to modify plans and specifications at the subdivider's
expense. The agreement may provide for progress payments to the subdivider from any deposit money
which the subdivider made in lieu of providing a surety bond or instrument of credit, as provided by
subsection B. No such progress payment shall be made for more than ninety percent (90 %) of the value of
any installment of work, and each such installment of work shall be completed to the satisfaction of the City
Engineer.
B. Approval. The improvement agreement shall be reviewed and approved by the City Engineer provided all
requirements and standards of this Section are met. The City Engineer's action may be appealed to the
City Council as provided in Government Code section 66462(4). The City Council shall periodically review
this delegation of authority to the City Engineer.
C. Security required. The subdivider shall also file with the improvement agreement, to insure full and faithful
performance thereof, a bond, instrument of credit or cash, or security in an amount and form deemed
sufficient by the City Engineer to cover the cost of the improvements, engineering, inspections, and
incidental expenses, consistent with the provisions of this section. Such bond shall be executed by a
surety company authorized to transact a surety business in the State and must be approved by the City
Attorney as to form. Any improvement agreement, contract or act required or authorized by the Subdivision
Map Act or this Subdivision Ordinance, for which security is required, shall be secured in accordance with
Government Code section 66499 et seq. of the Subdivision Map Act and as provided below. No final map
shall be signed by the City Engineer or recorded until all improvement securities required by this section
have been received and approved.
D. Form of security. The form of security shall be one or the combination of the following at the option of and
subject to the approval of the City:
Bond or bonds by one or more duly authorized corporate sureties. The form of the bond or bonds
shall be in accordance with the Subdivision Map Act, specifically, Government Code sections
66499.1, 66499.2, 66499.3 and 66499.4.
A deposit, either with the City or a responsible escrow agent or trust company, at the option of the
City, of money or negotiable bonds of the kind approved for securing deposits of public moneys.
An instrument of credit or letter of credit from one or more financial institutions subject to regulation
by the state or federal government and pledging that the funds necessary to carry out the act or
agreement are on deposit and guaranteed for payment.
Any other form of security as provided in Government Code section 66499.
E. Amount of security. A performance bond or other security in the amount of one hundred percent (100 %)
of the total estimated construction cost to guarantee the construction or installation of all improvements
shall be required of all subdivisions. An additional amount of one hundred percent (100 %) of the estimated
construction cost shall be required to guarantee payment to subdivider's contractor, subcontractors and to
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persons furnishing labor, materials or equipment for the construction or installation of improvements. As a
part of the obligation guaranteed by the security and in addition to the full amount of the security, there shall
be included costs and reasonable expenses and fees, including attorneys' fees, incurred by the City in
enforcing the obligations secured. The estimate of improvements costs shall be as approved by the City
Engineer and shall provide for:
Construction costs contingencies in an amount equal to ten percent (10 %) of the estimated
construction costs.
2. Engineering and design costs in an amount equal to eight percent (8 %) of the estimated construction
costs.
3. All utility installation costs or a certification acceptable to the City Engineer from the utility company that
adequate security has been deposited to ensure installation.
F. Warranty Security. Upon acceptance of the subdivision improvements by the City Engineer, the
subdivider shall provide security in the amount of twenty percent (20 %) of the total original estimated
construction cost to guarantee the improvements against any defective work or labor done or defective
materials used in the performance of the improvements throughout the warranty period which shall be the
period of one year following the completion and acceptance of the improvements.
G. The City Engineer may authorize in writing the release of the performance security, in whole or in part, in
accordance with Government Code 66499.7. Release of improvement security shall be as follows:
The performance security shall be released only upon acceptance of the improvements by the City
Engineer and when an approved warranty security has been filed with the City Engineer
Security given to secure payment to the contractor, subcontractors and to persons furnishing labor,
materials or equipment shall be reduced or released in accordance with Government Code
66499.7(h).
The warranty security shall be released upon satisfactory completion of the warranty period,
provided: (i) all deficiencies appearing on the warranty deficiency list for the subdivision have been
corrected; and (ii) not less than twelve months have elapsed since the acceptance of the
improvements by the City Engineer. In the event the subdivider fails to complete all improvement
work in accordance with this Chapter, or, if the subdivider fails to reimburse the City for the cost of
inspections, engineering, and incidental expenses, the City may call on the surety for
reimbursement or shall appropriate from any cash deposit funds for reimbursement. In any such
case, if the amount of surety bond, instrument of credit, or cash deposit exceeds all cost and
expense incurred by the City, it shall release the remainder of such bond, instrument or credit, or
cash deposit and, if the amount of the surety bond, instrument of credit or cash deposit is less than
the cost and expense incurred by the City, the subdivider shall be liable to the City for such
difference.
H. There shall be no extension of time, progress payments from cash deposit, or release of surety, instrument
of credit or cash deposit except upon certification of the City Engineer that the work covered thereby has
been satisfactorily completed.
Upon completion of the improvements and City acceptance of the improvements required by agreement,
the subdivider shall provide improvement security for a period of one year to guarantee the work against
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any defective work or labor done, or defective materials furnished. The City Engineer shall be the
designated official for acceptance, release, and partial release of security pursuant to Government Code
section 66499.7 and 66499.8. The City Council shall periodically review this delegation of authority to the
City Engineer.
9.24.080 Action on final map.
A. Upon receipt of the final map submittal, the City Engineer shall check the submittal for correctness of
surveying data, the adequacy of certificates of dedication, compliance with conditions of approval of
tentative map, and any other matters or features which require checking in order to insure that the map
complies with the provisions of this Subdivision Ordinance and of the Subdivision Map Act.
B. The City Engineer shall notify the City Council at its next regular meeting after receipt of a final map
submittal that the City Engineer is reviewing the map for final approval. The City Clerk shall provide notice
of the City Engineer's pending decision on a final map by attaching and posting the notice with the City
Council's regular agenda and mailing the notice to interested parties who request notice. The City Engineer
shall approve or disapprove the final map within ten (10) days following the meeting of the City Council that
was preceded by the Clerk's notice.
C. If the final map conforms to all the requirements of this Subdivision Ordinance and the provisions of the
Subdivision Map Act, is in substantial compliance with the tentative subdivision map approved or
conditionally approved for the subdivision, and all conditions of the approved tentative subdivision map are
met, the City Engineer shall endorse his or her certificate on the map in the form prescribed by the
Subdivision Map Act and approve the map. The City Engineer, by written finding, may waive the
requirements of this subsection when the failure to conform is the result of a technical or inadvertent error
which in the determination of the City Engineer does not materially affect the validity of the map pursuant to
the provisions of Government Code section 66473.
D. The City Engineer shall accept, accept subject to improvement, or reject any offers of dedication of land for
public use that are made by a statement on the final map, and the City Clerk shall thereupon transmit the
final map to the County Clerk for submittal to the County Recorder; provided that the City Engineer shall
not endorse his or her certificate on or approve the map until the required improvements set forth in the
approval of the tentative map have been installed or the subdivider has entered into an agreement to install
such improvements as provided in Section 9.24.070 above.
E. If the final map does not conform with the requirements of this Subdivision Ordinance or the provisions of
the Subdivision Map Act, or is not in substantial compliance with the tentative subdivision map approved or
conditionally approved for the subdivision, or all conditions of the approved tentative subdivision map are
not met, the City Engineer shall disapprove the final map; 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 subdivision 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.
F. The City Council shall periodically review the delegation of final map authority to the City Engineer.
9.24.090 Action on parcel map.
A. The City Engineer shall take final action on parcel maps.
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B. The City Engineer shall approve the parcel map if it conforms to all the requirements of this Subdivision
Ordinance and the provisions of the Subdivision Map Act, is in substantial compliance with the Tentative
parcel map approved or conditionally approved for the subdivision, and all conditions of the approved
Tentative parcel map are met.
C. The City Engineer shall accept, accept subject to improvement, or reject any offers of dedication of land for
public use that are made by a statement on the parcel map, and the City Engineer shall thereupon transmit
the parcel map to the County Clerk for submittal to the County Recorder.
D. If the parcel map does not conform with the requirements of this Subdivision Ordinance or the provisions of
the Subdivision Map Act, or is not in substantial compliance with the Tentative parcel map approved or
conditionally approved for the subdivision, or all conditions of the approved Tentative parcel map are not
met, the City Engineer shall disapprove the parcel map; 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 parcel 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.
E. Notwithstanding the foregoing, the City Engineer may approve a parcel map that is not in compliance with
this Subdivision Ordinance, the Subdivision Map Act or the approved or conditionally approved Tentative
parcel map, where the City Engineer finds that the failure of the parcel map is the result of a technical and
inadvertent error that does not materially affect the validity of the map.
9.24.100 Appeal to City Council
The City Engineer's decision to approve or disapprove the final map or parcel map may be appealed to the City
Council in accordance with Government Code section 66452.5
9.24.110 Action on final map or parcel map appeal by City Council
A. The City Council on appeal shall approve the final or parcel map if it complies in all respects with the
tentative map as approved, if the subdivider has fulfilled all the conditions imposed in connection with the
approval of the tentative map, and if the final or parcel map complies with all the requirements of the
Subdivision Map Act and this title applicable at the time of approval or conditional approval of the tentative
map. The City Council, by resolution, may waive the requirements of this subsection when the failure to
conform is the result of a technical or inadvertent error which in the determination of the City Council does
not materially affect the validity of the map pursuant to the provisions of Government Code section 66473.
B. If the final map or parcel map is approved on appeal, the City Council shall also accept, accept subject to
improvement, or reject any offers of dedication of land for public use that are made by a statement on the
final or parcel map.
C. The City Council may disapprove a final map or parcel map in accordance with Government Code section
66473.
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CHAPTER 9.28
DEDICATION OF LANDS FOR PARK AND RECREATION PURPOSES
Sections:
9.28.010 Authority.
9.28.020 Requirement.
9.28.030 Limitations.
9.28.040 Amount of land to be dedicated.
9.28.050 Calculation of in -lieu fees.
9.28.060 Credits.
9.28.070 Procedures.
9.28.080 Off -site dedication.
9.28.010 Authority.
This chapter is enacted pursuant to authority granted by Section 66477 of the Government Code and the general
police power of the City.
9.28.020 Requirement.
Each subdivider of the land classified by the Zoning Ordinance (Title 8) for residential use shall as a condition to
filing a final map or parcel map dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for
neighborhood and community park or recreational purposes. Requirements shall be established by the advisory
agency when acting on the tentative tract map or tentative parcel map in consultation with the City Public Works
Department or Parks and Community Services Department. Land or fees required under this chapter shall be
conveyed or paid directly to the City, which provides community -wide park and recreational services, upon approval
of the final map or parcel map.
9.28.030 Limitations.
A. The land, fees, or combination thereof are to be used only for the purpose of developing new or
rehabilitating existing neighborhood or community park or recreational facilities bearing a reasonable
relationship to use by future inhabitants of the subdivision.
B. The City shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to
develop park or recreational facilities to serve the residents of the subdivision in a manner consistent with
the limitations of this chapter and the Subdivision Map Act. Any fees collected under this chapter shall be
committed within five (5) years after the payment of such fees or the issuance of building permits on one -
half (1/2) of the lots created by the subdivision, whichever occurs later. If such fees are not timely
committed, they shall be distributed and paid to the then record owners of the subdivision in the same
proportion that the size of their lot bears to the total area of all lots within the subdivision.
C. Park and recreational facilities shall be in accord with principles and standards of the parks and open space
element of the City's General Plan and the City's Parks and Recreation Master Plan.
D. Only the payment of fees may be required in subdivisions containing fifty (50) parcels or less, except that
when a condominium project, stock cooperative, or community apartment project, as those terms are
defined in Section 1351 of the Civil Code, exceeds 50 dwelling units, dedication of land may be required
notwithstanding that the number of parcels may be less than 50. In subdivisions larger than fifty (50)
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parcels, this requirement may be satisfied by dedicating land and/or payment of fees as determined by the
advisory agency.
E. The provisions of this chapter do not apply to commercial or industrial subdivisions or 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.
9.28.040 Amount of land to be dedicated.
It is 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. The amount of land to be dedicated
shall be the amount calculated from the following formula:
IW_10111H_T7:1
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 one thousand (1,000) people of the city.
1. The park area of the City is determined to be 5.0 acres per one thousand (1,000) people, or .005
acres per person, which is further broken down to 3.0 acres per one thousand (1,000) people for
active community parks, 0.3 acres per one thousand (1,000) people for natural community parks,
and 1.7 acres per one thousand (1,000) people for neighborhood parks.
2. The park and recreation area required per dwelling unit, A, is established as follows:
a. Each dwelling unit is assigned 2.7 people.
Therefore:
A = 2.7 x .0030 = .0081 acres per unit (for active community parks)
A = 2.7 x .0003 = .0008 acres per unit (for natural community parks)
A = 2.7 x .0017 = .0046 acres per unit (for neighborhood parks)
A (Total) = .0135 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
(1) dwelling unit per lot or parcel, the number of dwelling units shall equal the number of parcels indicated
on the final map or parcel 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
condominium units indicated on the final map or parcel map. For planned development projects, the
number of dwelling units shall equal the number of dwelling units indicated on the approved planned
development plan.
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9.28.050 Calculation of in -lieu fees.
A. Where fees are required by the City to be paid in lieu of land dedication, such fees shall be equal to the fee
for "active community parks land ", "natural community parks land ", and "neighborhood parks land" of the
City's Public Facilities Fee.
9.28.060 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 chapter.
B. As may be determined by the advisory agency, common interest developments, as defined in Section 1351
of the Civil Code, shall be eligible to receive a credit for the value of private open space and recreational
facilities in the subdivision not to exceed twenty -five percent (25 %) of fees or land dedication otherwise
required by this chapter; provided, that:
Private open space and recreational facilities are at least one -half (1/2) acre in area with their
smallest dimension being at least one hundred (100) feet clear excluding yards and setbacks
normally required by zoning provisions;
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;
Private open space and recreational facilities are suitable for active park and recreation purposes
taking into consideration such factors as shape, topography, access, and improvements proposed;
and
The private open space and recreational facilities are in accord with the principles and standards
for local parks contained in the parks and open space element of the City's General Plan and the
Parks and Recreation Master Plan.
9.28.070 Procedures.
A. Prior to approval of the tentative map for the subdivision, the advisory agency shall consider the report and
recommendation from the Parks and Community Services Commission or Parks and Community Services
Director, as the case may be, regarding the following:
The amount of land required; or
That a fee be charged in lieu of land and the amount of such fee; or
That a combination of land and fee be required; and the amount of such land and fee; and/or the
amount of credit granted pursuant to section 9.28.060, if any; and
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.
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B. At the time of approval of the tentative map for 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.
C. The advisory agency may approve, modify or disapprove the recommendation of the Parks and Community
Services Commission or Parks and Community Services Director; provided, however, any modification of
the recommendation not previously considered shall first be referred back to the Parks and Community
Services Commission or Recreation Director for further report and recommendation. The Parks and
Community Services 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.
9.28.080 Off -site dedication.
Dedication of land outside of the subdivision may be authorized by the City in consultation with the Public Works
Department or Parks and Community Services Department by action on the tentative tract map or tentative parcel
map and be credited toward the developer's park land dedication requirement under this chapter.
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CHAPTER 9.32
UNDERGROUND UTILITIES
Sections:
9.32.010 Intent.
9.32.020 Utility distribution facilities to be placed underground.
9.32.030 Duty of subdivider.
9.32.040 Request for exception.
9.32.010 Intent.
The regulations of this chapter are intended to promote the safety and welfare for both the residents of subdivisions
and the public in general, and to prolong the economic life of subdivisions, enhance views and scenic attributes,
and enhance the general living environment.
9.32.020 Utility distribution facilities to be placed underground.
All existing and proposed utility distribution facilities within the subdivision and along project streets, except those
exempted by the regulations of the Public Utilities Commission, supplying electric, communication or similar or
associated services, installed in and for the purpose of supplying such service to any subdivision requiring the filing
of a parcel map or 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, pedestal- mounted
meter cabinets, substations, and facilities used to carry voltages higher than thirty -five thousand (35,000) volts.
9.32.030 Duty of subdivider.
The subdivider is responsible for complying with all requirements of this chapter, and shall make the necessary
arrangements with the utility or communication companies involved for the installation of the facilities required by
Section 9.32.020 of this chapter.
9.32.040 Request for exception.
A. The subdivider may request an exception from the requirements of this chapter by submitting to the
advisory agency a statement describing fully the nature and extent of the exception at the time of the
Tentative tract map or Tentative parcel map application, and the reasons for which it is requested.
B. The request for the exception shall be reviewed and considered by the City Engineer. The request shall
present evidence 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 chapter, by reason of economic feasibility, soil, topography, compatibility of surrounding area, and
future potential number of building sites affected. If the City Engineer determines that an exception is
warranted, a condition of approval shall be included for consideration by the advisory agency for the
Tentative tract map.
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CHAPTER 9.36
SCHOOL FACILITIES DEDICATION
Sections:
9.36.010 Dedication for elementary schools.
9.36.020 Dedication for interim school facilities.
9.36.010 Dedication for elementary schools .
A. Pursuant to Government Code section 66478, a subdivider who develops or completes the development of
one or more subdivisions shall dedicate to the school district such lands as the district board deems to be
necessary for the purpose of constructing schools necessary to assure the residents of the subdivision
adequate elementary school service.
B. The requirement of dedication shall be imposed at the time of approval of the tentative map. If, within 30
days after the requirement of dedication is imposed, the school district does not offer to enter into a binding
commitment with the subdivider to accept the dedication, the dedication requirement shall automatically
terminate. The required dedication may be made at any time before, concurrently with, or up to 60 days
after, the filing of the final map on any portion of the subdivision. The school district shall, if it accepts the
dedication, repay to the subdivider or to the subdivider's successors in interest the cost of the land plus the
cost of improvements and taxes as specified in Government Code § 66478. This dedication requirement
shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years
prior to the filing of the tentative map.
9.36.020 Dedication for interim school facilities
A. Pursuant to school district notice and findings set forth in Government Code section 65971, residential
subdividers shall dedicate land or pay fees in -lieu thereof, or a combination of both, for interim, temporary
classroom facilities for elementary or high schools. The procedures for imposing and implementing this
dedication requirement shall be as set forth in Government Code sections 65970.
B. 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.
Page 38 of 45
CHAPTER 9.40
VESTING TENTATIVE MAP
Sections:
9.40.010 Authority and purpose.
9.40.020 Consistency.
9.40.030 Application.
9.40.040 Filing and processing.
9.40.050 Vesting on approval of vesting tentative map.
9.40.060 Development inconsistent with zoning — Conditional approval.
9.40.070 Applications inconsistent with applicable ordinances, policies, and standards.
9.40.080 Amendment to vesting tentative map.
9.40.090 Findings required for vesting tentative map approval.
9.40.010 Authority and purpose.
The purpose of this Chapter is to establish local procedures for the implementation of Government Code sections
66452 and 66498.1 related to vesting tentative maps.
9.40.020 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 that is not permitted by the Zoning Ordinance
(Title 8) or other applicable provisions of this Code.
9.40.030 Application.
Whenever a provision of the Subdivision Map Act or this subdivision ordinance requires that a tentative map be
filed, a vesting tentative map may instead be filed.
9.40.040 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 Subdivision Ordinance for a tentative map,
except as hereafter provided:
A. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words
"Vesting Tentative Map." All other submittal requirements identified in the Application Submittal
Requirements for a Tentative Map shall be submitted.
B. To ensure that any vested development rights are granted in compliance with the ordinances, resolutions,
policies and standards for the design and improvement of the subdivision, at the time a vesting tentative
map is filed, the subdivider shall also supply a statement that Site Development Review approval has been
granted, or, a complete application for site development review approval and plans have been filed, in
accordance with Chapter 8.104 of the Zoning Ordinance, which will be concurrently processed with the
vesting tentative map within the limitations of Government Code section 66498.8(4).
9.40.050 Vesting of development rights.
Page 39 of 45
In accordance with Government Code section 66498.1, 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 when the vesting tentative map application was deemed complete.
A. Expiration of vested rights. The rights conferred by this ordinance and Government Code section
66498.1 shall expire if a final map or parcel map is not approved prior to the expiration of the vesting
tentative map as provided in Section 9.08.130. If the final map or parcel map is timely approved, these
rights shall last for an initial period of two years beyond the recording of the final or parcel map.
B. Time extensions. The initial period for vested rights may be extended as follows.
1. At any time prior to the expiration of the initial time period, the subdivider may apply for a one -year
extension. The application shall be reviewed by the Community Development Director, who may
approve, approve with conditions or deny the request. If the extension is denied by the Community
Development Director, the subdivider may appeal that denial to the Planning Commission within fifteen
(15) days.
2. The initial time period shall be automatically extended by processing time for a complete application for
a grading permit or design or architectural review, in accordance with Government Code section
66498.5(c).
3.. If the subdivider submits a complete application for a building permit during the time extension periods
above, the rights conferred by this section shall continue until the expiration of that permit, or any
extension of that permit.
C. Subsequent approvals. An approved or conditionally approved vesting tentative map shall not limit the
City from imposing reasonable conditions on subsequent required approvals or permits necessary for the
development and authorized by the ordinances, policies, or standards in effect when the vesting tentative
map application was deemed complete.
9.40.060 Development inconsistent with zoning — Conditional approval.
A. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is
inconsistent with the Zoning Ordinance in existence at that time, that inconsistency shall be noted on the
map. The City may 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 Government Code section 66498.1(b), 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 Section 9.40.060 above.
9.40.070 Applications inconsistent with applicable ordinances, policies and standards.
Notwithstanding any provision of this Subdivision 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 9.40.060 and 9.40.070, and the City may grant these approvals or issue these permits to the extent that
the departures are authorized under applicable law.
9.40.080 Amendment to vesting tentative map.
Page 40 of 45
If the ordinances, policies or standards described in Section 9.40.060 are changed subsequent to the approval or
conditional approval of a vesting tentative map, the subdivider, at any time prior to the expiration of the vesting
tentative map pursuant to Section 9.08.130, may apply for an amendment to the vesting tentative map to secure a
vested right to proceed with the changed ordinances, policies or standards. An application shall clearly specify the
changed ordinances, policies or standard for which the amendment is sought. Any approval of the amended vesting
tentative map under this section shall not extend the effective periods of the vesting tentative map approval
established in section 9.08.130.
9.40.090 Findings required for Vesting Tentative Map approval.
The findings required to approve a Vesting Tentative Map application shall be the same as those to approve a
Tentative Map application with the addition of the finding that the Vesting Tentative Map complies with the
associated Site Development Review application required by Section 9.40.040.B.
Page 41 of 45
CHAPTER 9.44
MAP AMENDMENTS AND CERTIFICATES OF CORRECTION
Sections:
9.44.010 Map Amendments and Certificates of Correction.
9.44.010 Map Amendments and Certificates of Correction.
A. Authority. A final or parcel map may be amended in conformance with the provisions of the Subdivision
Map Act and this ordinance by a certificate of correction or an amending map for any of the purposes set
forth in Government Code section 66469 and subject to approval and certification by the City Engineer.
B. Form. The amended map or certificate of correction shall be proposed consistent with Government Code
section 66470.
1. Amended Maps shall be entitled "Amended [Final or Parcel] Map" and shall conform to the
requirements of Government Code section 66434 for a Final map or Section 66445(a -d) and (f -i) for a
Parcel map.
2. All corrections or omissions shall be boxed or clouded and the errors removed from the final or parcel
map with a certified statement by the surveyor providing, in general, a description of the correction or
omission being made, a list of affected sheets, the recording information of the original map, and the
name(s) of the fee owner(s) of the real property affected by the correction or omission on the date of
the filing or recording of the original recorded map.
C. Certification. The City Engineer shall examine the amended map or certificate of correction and if the only
changes made are those set forth in Government Code section 66469 and the map or certificate complies
with Government Code section 66470, he or she shall certify to this fact on the amended map or certificate
of correction in accordance with Government Code section 66471. Certification by the City Engineer
constitutes approval of the amended map or certificate of correction.
D. Recordation. The amending map or certificate of correction certified by the City Engineer shall be filed or
recorded in the office of the Alameda County recorder.
E. Dedications. The City Engineer may accept or reject dedications and offers of dedication that are made by
statement on the amended final map or amended parcel map.
Page 42 of 45
CHAPTER 9.48
REVERSION TO ACREAGE AND RESUBDIVISION
Sections:
9.48.010 Reversion to acreage.
9.48.020 Resubdivision and merger.
9.48.010 Reversion to acreage.
A. Authority. Subdivided real property may be reverted to acreage by motion of the City Council or by
petition of landowners, pursuant to Government Code section 66499.11 et seq.
B. Form. Petitions for reversions to acreage shall be entitled "Reversion to Acreage of
," shall be in a form prescribed by the Community Development Director, and
shall contain the information required in Government Code section 66499.13.
C. Notice, hearing, approval. The City Council shall hold a public hearing on the proposed reversion to
acreage, with notice per Government Code sections 65090 and 65091. The City Council may approve the
reversion to acreage upon making the findings in Government Code section 66499.16 and with conditions
pursuant to section 66499.17.
D. Parcel map for reversion to acreage. A Parcel map may be filed and approved for a reversion to
acreage pursuant to Government Code section 66499.20.1. No tentative map shall be required. The City
Engineer is the advisory agency for the purpose of this subsection.
9.48.020 Resubdivision.
Subdivided lands may be merged and re- subdivided without reverting to acreage pursuant to Government Code
section 66499.20.2 by complying with all applicable provisions of the Subdivision Map Act and this ordinance.
Page 43 of 45
CHAPTER 9.52
LOT LINE ADJUSTMENTS
Sections:
9.50.010 Lot line ddjustments
9.50.010 Lot line adjustments.
A. Lot line adjustments shall comply with Section 66412(4) of the Subdivision Map Act.
B. Application. An application for a lot line adjustment shall be filed with the Community Development
Director for his or her examination for conformance to the general plan, applicable specific plans, adopted
zoning and building ordinances and the Subdivision Map Act.
C. Required documents. The following data and material shall be provided with a completed lot line
adjustment application:
1. Current title report for each lot involved in the lot line adjustment, showing the legal owners at the
time of submittal of the lot line adjustment application and showing any deeds of trust
2. Exhibit identifying the location of buildings, structures, utility service lines, parking lots and
driveways; the location of existing and proposed lot lines; the location of adjacent streets; setback
distance from buildings and structures to proposed lot lines
3. Plat, legal description, and lot closure calculations, signed and stamped by a Professional Land
Surveyor or qualified Registered Civil Engineer, for each new lot and the areas to be transferred
4. Any additional information required by the Community Development Director or City Engineer.
D. Approval. If the Community Development Director finds that the proposed lot line adjustment is in
conformance with the general plan, applicable specific plans, the zoning ordinance and building
ordinances, the Community Development Director may approve the lot line adjustment. The approved lot
line adjustment shall be reflected in a deed, which shall be recorded. A copy of the recorded deed shall be
filed with the Community Development Director. Failure to record the lot line adjustment shall be cause for
the denial of any project dependent on the lot line adjustment.
Page 44 of 45
CHAPTER 9.56
ENFORCEMENT
Sections:
9.56.010 Enforcement.
9.56.020 Effect of Approval or Conditional Approval of Map
9.56.010 Enforcement
A. Prohibition. The prohibitions in Government Code section 66499.30 shall apply to the sale, lease,
financing, construction or occupancy of any parcel or parcels of real property in the City of Dublin until and
unless all applicable requirements of this ordinance and the Subdivision Map Act have been complied with.
B. Penalty. Penalties for violation of this Subdivision Ordinance or the Subdivision Map Act shall be as
provided in Government Code section 66499.31.
C. Remedies, violations. Remedies and procedures for violations shall be as set forth in Government Code
sections 66499.32, 66499.33, 66499.34 and 66499.36.
D. Certificate of Compliance. Any person owning real property or a vendee of that person pursuant to a
contract of sale of the real property may submit an application to determine whether the real property
complies with the provisions of this chapter and the Subdivision Map Act. The Community Development
Director and the City Engineer shall review the application. The City Engineer shall issue a certificate of
compliance or a conditional certificate of compliance in accordance with the provisions of Government
Code section 66499.35.
E. Judicial Action. Challenges to actions taken pursuant to this ordinance shall be governed by Government
Code sections 66499.37 and 66499.38.
9.56.020 Effect of Approval or Conditional Approval of Map.
Neither the approval nor conditional approval of any map shall constitute or waive compliance with any other
applicable provision of the Dublin Municipal Code, including the Dublin Zoning Ordinance, nor shall any such
approval authorize or be deemed to authorize a violation or failure to comply with any other applicable provisions of
the code.
Page 45 of 45
RESOLUTION NO. XX - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * **
AMENDING RESOLUTION 168 -12 TO REVISE THE ADOPTED MASTER FEE SCHEDULE
AND ESTABLISH FEES FOR PROCESSING SUBDIVISION - RELATED APPLICATIONS
INCLUDING TENTATIVE TRACT MAPS, TENTATIVE PARCEL MAPS, LOT LINE
ADJUSTMENTS, PARCEL MERGERS, PARCEL MAP WAIVERS, CERTIFICATES OF
COMPLIANCE, AND REVERSIONS TO ACREAGE
(PLPA- 2016- 00020)
WHEREAS, the City Council is considering adopting amendments to Title 9 of the Dublin
Municipal Code (Subdivisions) and, with these changes, needs to establish fees for the
subdivision - related applications identified in the Ordinance; and
WHEREAS, the City Council adopted the current fee schedule on September 18, 2012
by Resolution 168 -12 and the fees took effect on December 1, 2012; and
WHEREAS, a Staff Report was submitted outlining the Staff recommendation to process
all subdivision - related applications on a time and materials basis; and
WHEREAS, the City Council held a properly noticed public hearing on said fees on
March 15, 2016; and
NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE to amend
Resolution 168 -12 to revise the adopted Master Fee Schedule and add new fees for the
following applications:
Application Type
Fee
Tentative Parcel Map
Time & Materials
Tentative Tract Map
Time & Materials
Lot Line Adjustment
Time & Materials
Parcel Merger
Time & Materials
Parcel Map Waiver
Time & Materials
Certificate of Compliance
Time & Materials
Reversion to Acreage
Time & Materials
BE IT FURTHER RESOLVED, that the adoption of new fees for Tentative Tract Maps,
Tentative Parcel Maps, Lot Line Adjustments, Parcel Mergers, Parcel Map Waivers, Certificates
of Compliance, and Reversions to Acreage shall take effect when the proposed amendments to
the Subdivision Ordinance (Ordinance XX -16) become effective.
vote:
PASSED, APPROVED AND ADOPTED this 15" day of March, 2016, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
2of2
Mayor