HomeMy WebLinkAbout6.4 Subdivision Ordinance
CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: December 10, 1990
SUBJECT:
Public Hearing: Ordinance Enacting a Subdivision
Ordinance and Superseding Subdivision Ordinance as
Adopted by Ordinance No. 13
EXHIBITS ATTACHED:
1) Draft Ordinance
2) Existing Ordinance
3) Agency Mailing List
RECOMMENDATION:~l)
2)
. 3)
4)
5)
Open public hearing
Receive Staff presentation and public testimony
Question Staff and the public
Close public hearing and deliberate
Waive reading and INTRODUCE ordinance enacting a
subdivision ordinance and superseding subdivision
ordinance as adopted by Ordinance No. 13, 19-83,
33-85, 6-90, and Resolution No. 74-83.
FINANCIAL STATEMENT:
None
DESCRIPTION: The existing Subdivision Ordinance (Ordinance No. 13)
was originally the Alameda County Subdivision Ordinance in effect at the time
the City was incorporated. The Subdivision Ordinance has been updated four
(4) times since adoption: Ord. 19-83 made minor revisions, including the map
submittal requirements and the powers of the Planning Commission; Ord. 74-83
revised the formula for determining park and recreation requirements; Ord.
33-85 added the vesting tentative map provisions; Ord. 6-90 revised the
submittal requirements of soils reports. The new Ordinance is intended to
replace the existing ordinances with a single ordinance that reflects recent
changes in State law, clarifies existing procedures, and eliminates outdated
references.
Proposed changes to the ordinance are as follows:
1) The most immediate change that the new ordinance will bring about is the
determination of the amount of park land that will be required to be
dedicated as part of filing a Subdivision Map. The existing ordinance
requires 0.011 acres/dwelling unit for projects with subdivision lots
5,000 square feet or larger and 0.009 acres/dwelling unit for projects
with lots smaller than 5,000 square fe~t. The new ordinance would
require 0.016 acres/dwelling unit for detached single-family residential
units and 0.010 acres/dwelling unit for all other units.
Agencies are allowed to require a minimum of park land dedication per
1,000 population. If a city has an existing higher park land ratio, then
the allowable dedication may match the city's standard up to a maximum of
5 acres per 1,000 population.
Dublin's ratio is now in excess of the 5 acres/l,OOO population and the
proposed change in the Ordinance reflects this maximum. The change in
demographics has, however, lowered the number of people per household
which tends to offset the increased acreage ratio. The overall effect is
a slight rise in the required acres of park land dedication per dwelling
unit. (Section 8-7.3)
2) A more explicit procedure is being created to have the Parks and
Recreation Commission or the Recreation Director be required to report to
the Advisory Agency (Planning Commission) regarding the proposed location
of park facilities and the adequacy of in-lieu fees or parkland
dedications. If the recommendations of the Parks and Recreation
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Commission/Recreation Director are proposed to be modified due to infor-
mation they did not have when they made their recommendation, then the
matter would have to be referred back to the Parks and Recreation
Commission/Recreation Director for a new report. (Section 8-7.6)
3) Existing Articles 10, 11 and 12 concerning the Vesting Tentative Maps are
being consolidated into one Chapter, 8-10.
4) The proposed maximum grade for a street is being set at 12% with the
Advisory Agency able to authorize exceptions. The existing ordinance
does not contain maximum grades. (Section 8-3.2(a)).
5) The definition of "Developable Acreage" is being added for purposes of
parkland in-lieu fees. The definition of "subdivision" is being deleted
because it was an exact duplicate of the definitions in the State
Subdivision Map Act. (Section 8-1.5)
6) A provision has been added for supplemental improvement capacity to
allow oversizing of facilities, such as streets and storm drains, and
reimbursement agreements from future developments. (Section 8-4.10)
7) Numerous minor modifications to improve clarity of the ordinance
provisions have been added.
The proposed ordinance was circulated internally to the City Departments and
to various public and private agencies that could be affected by the proposed
ordinance. Comments received were incorporated into the ordinance as
appropriate. The agencies from whom we requested comments have received
copies of the latest draft of the ordinance prior to the Council meeting.
Staff recommends that the City Council conduct a public hearing, deliberate,
waive the reading, and introduce the ordinance.
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ORDINANCE NO. -90
AN ORDINANCE OF THE CITY OF DUBLIN
Enacting a Subdivision Ordinance
and Superseding Subdivision Ordinance as Adopted
by Ordinance No. 13
The City Council of the City of Dublin does ordain as follows:
Section 1 Chapter 1 is hereby added to Title 8 of the
Dublin Municipal Code to read as follows:
CITY OF DUBLIN SUBDIVISION ORDINANCE
CHAPTER 1 OF TITLE 8
CITY OF DUBLIN MUNICIPAL CODE
Article 1
General Provisions
8-1.0. Title. This Ordinance shall be called the "Subdivision Ordinance of
the City of Dublin."
8-1.1. Purpose and Authority. This Ordinance shall regulate subdivision
within the incorporated area of the City of Dublin pursuant to the Subdivision
Map Act of the State of California.
8-1.2. Intent. It is the intent of this Chapter to promote the public
health, safety, and general welfare; to assure in the division of land
consistency with the policies of the City of Dublin General Plan, any applicable
Specific Plan of the City of Dublin, and with the intent and provisions of the
City of Dublin Zoning Ordinance; to coordinate lot design, street patterns,
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rights-of-way, utilities and public facilities with community and neighborhood
plans; to assure that areas dedicated for public purposes will be properly
improved initially so as not to be a future burden upon the community; to
preserve natural resources and prevent environmental damage; to maintain suitable
standards to insure adequate, safe building sites; and, to prevent hazard to life
and property. It is the intent of this Ordinance to comply in every regards to
the latest edition of the State of California's Subdivision Map Act. If any
provision of this Ordinance is in conflict with the Subdivision Map Act, the
provisions. in. the Map Act will prevail.
8-1.3. General Responsibilities. In addition to the specific responsi-
bilities set forth herein, the following agencies and officers, or their duly
authorized representatives, shall have the general responsibilities hereby
designated.
(a) The Planning Commission is the Advisory Agency for the approval or
disapproval of Tentative Parcel Maps and Tentative Subdivision Maps.
The Planning Director or his designated representative, is the Advisory
Agency for any other subdivision matters and is responsible for
analyzing the design and coordinating the processing of proposed
subdivisions within the City departments and public agencies and, upon
appeal, reporting thereon to the City Council.
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(b) The City Engineer, as specified in the Subdivision Map Act, is
responsible for determining if proposed subdivisions comply with
provisions of the Subdivision Map Act and this Chapter, reporting
whether the proposed improvements are consistent with the design and
improvement standards specified or referred to in this Chapter, for
the inspection and ultimate approval of all such improvements, and
for making recommendations on the granting of variances under
Section 8-3.10.
(c) The County Health Officer is responsible for establishing requirements
for matters affecting public health.
(d) The Building Official is responsible for enforcing the provisions of
this Chapter, except for such matters that are in the jurisdiction of
the City Engineer. For such purpose, the Building Official shall have
the power to issue citations, cease and desist orders and other
appropriate orders involving violations of provisions of this Chapter.
(e) The Dublin San Ramon Services District (DSRSD) is responsible for
establishing and enforcing requirements for water supply, water
recycling, wastewater collection, wastewater treatment, and wastewater
disposal. This responsibility includes but is not limited to ensuring
the quality of the necessary infrastructure to provide these services,
the operation and maintenance of these facilities, and the inspection
of all the construction of these facilities which has the pontential to
impact the services provided.
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(d) Any deed of conveyance, sale or contract to sell made contrary to the
provisions of this Ordinance is voidable to the extent allowable and in
the same manner provided for violation of the Subdivision Map Act.
(e) Any sale, contract to sell, or deed of conveyance made contrary to the
provisions of this Ordinance is a misdemeanor and is punishable by a
fine of not less than one hundred dollars and not more than one
thousand dollars, or imprisonment in the County jail for a period of
not more than six months, or both.
(f) At such time as the Building Official becomes aware of a land division
in violation of the provisions of this Chapter, he shall record a
notice of intention to record a notice of such violation in the office
of the County Recorder of Alameda County, describing the land so
divided, naming the owners thereof, and describing the violation, and
stating that an opportunity will be given to the owner to present
evidence. A copy of such notice will be mailed to the owner. The
notice shall specify a time, date, and place at which the owner may
present evidence to the Advisory Agency why such notice should not be
recorded. If, after the owner has presented evidence, it is determined
that there has been no violation, the Building Official shall record a
release of the notice of intention to record a notice of violation.
If, however, after the owner has presented evidence, the Advisory
Agency determines that the property has in fact been illegally divided,
or if within 60 days of receipt of such copy the owner fails to inform
the local agency of his objection to recording the notice of violation,
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a notice of violation shall be recorded with the County Recorder. The
notice of intention to record a notice of violation and the notice of
violation, when recorded, shall be deemed to be constructive nqtice of
the violation to all successors in interest in such property. The
County recorder shall index the names of the fee owners in the general
index. Nothing in this section shall be deemed to require such
recording as a condition precedented to the enforceability of any other
provision of this Chapter.
(g) Pursuant to the request of any person owning the real property, or
purchasers of the property under a contract of sale, the Planning
Director and City Engineer, upon the determination that the property
complies with provisions of the Subdivision Map Act and this Chapter,
shall record a Certificate of Compliance. If the property does not
comply, conditions may be applied as would have been applicable to the
subdivision creating the property. Upon applying such conditions, the
Planning Director shall record a conditional Certificate of Compliance.
Such certificate shall serve as notice to the property owner or vendee
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who has applied for the certificate pursuant to this section, a grantee
of the property owner, or any subsequent transferee or assignee of the
property that the fulfillment and implementation of such conditions
shall be required prior to subsequent issuance of a permit or other
grant of approval for development of the property. Compliance with
such conditions is not required until such time as a permit or other
grant of approval for development of such property is issued by the
local agency.
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(h) Neither the approval nor conditional approval of any Tentative Map
shall constitute or waive compliance with any other applicable
provision of the City of Dublin Ordinance Code, nor shall any such
approval authorize or be deemed to authorize a violation or failure to
comply with other applicable provisions of said Code.
8-1.5. Definitions
(a) All words and terms used in this Chapter shall have the same meaning
as defined and used in the Subdivision Map Act, except as expressly
defined herein.
(b) "Subdivider" means a person, firm, corporation, partnership, or
association, who proposes to divide, divides or causes to be divided
real property into a subdivision for himself or for others except that
employees and consultants of such persons or entities, acting in such
capacity, are not "subdividers."
(c) "Map" means either Parcel Map or Final Map.
(d) "Developable Acreage" means the acreage that is being developed as part
of the subdivision in question as shown on the approved Tentative Map.
It shall include the areas lotted for residential uses including
streets but does not include open space parcels such as creeks,
ridgelines, and other areas not allowed to be built upon by the General
Plan or other City policies.
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(e) A "Vesting Tentative Map" shall mean a "Tentative Map" for a resi-
dential subdivision, as defined in the Dublin Subdivision Ordinance,
that shall have printed conspicuously on its face the words "Vesting
Tentative Map" at the time it is filed in accordance with Sec. 8-10.4,
and is thereafter processed in accordance with the provisions hereof.
8-1.6. Validity. If any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid or unconstitutional by the
decision of any Court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council of
the City of Dublin, County of Alameda, State of California, hereby declares that
it would have passed this Ordinance and each section, subsection, sentence,
clause and phrase thereof, irrespective of the fact that anyone or more section,
subsections, clauses or phrases be declared invalid or unconstitutional.
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Article 2
Tentative Maps
8-2.0. Persons Authorized to Prepare. All Tentative Maps of subdivisons of
five or more lots shall be prepared by a registered Civil Engineer or licensed
Land Surveyor. All other Tentative Maps may be prepared by any person.
8-2.1. Final Map or Parcel Map Number. The Final Map or Parcel Map number
shall be assigned by and obtained from the County Recorder.
8-2.2. Filing. The time of filing shall be the time at which an
application, the prescribed number of copies of the Tentative Map in the form
required and the filing fee are received by the Planning Director.
8-2.3. Form. The form of the Tentative Map and the number of copies
required for filing shall be prescribed by the Planning Director. (See
"Subdivision Map Submittal Requirement" hand-out.) The Planning Director may
authorize deletion or reduction of map requirements on the determination that
the map contains sufficient information to be evaluated adequately and preparing
it in the prescribed form would impose an unusual hardship upon the land divider.
8-2.4. Data and Material to Accompany Filing. For any subdivision into
five or more lots and, when required by the Advisory Agency, for any other
subdivision, the Tentative Map submittal shall include:
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(a) A preliminary grading plan prepared by a Civil Engineer registered by
the State of California.
(b) A preliminary soils investigation report prepared by a Soils Engineer
who is a Civil Engineer registered by the State of California. This
report shall be submitted to the City Engineer for review. The City
Engineer may review the report and may require additional information
or may reject the report if it is found to be incomplete, inaccurate,
or unsatisfactory.
Said data and material shall be consistent with requirements and speci-
fications of the Dublin Grading Ordinance. Additional reports and data
may be required by the Planning Director when deemed necessary due to
scale of the proposed subdivision or presence of potential hazardous or
environmentally sensitive conditions.
(c) A report evaluating the geological conditions present, prepared by a
Geologist certified in Engineering Geology by the State of California.
(d) A "will serve" letter from the agency proposed to provide sewer and
water service to the proposed subdivision.
8-2.41. Hearing. The Advisory Agency shall conduct a noticed public
hearing on all subdivisions. Hearing procedures shall be established by the
Advisory Agency.
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8-2.42. Public Notice. The Advisory Agency shall give a public notice of
the time and place of hearing on a subdivision by posting notices not less than
ten (10) days prior to the initial hearing on the matter. The notice shall
include a brief description of the location and design of the subdivision.
Notices shall be placed not more than 500 feet apart along each street abutting
the proposed subdivision extending at least 300 feet beyond the subdivision. In
event of an appeal, this form of public notice shall be given in addition to that
required under 8-2.7.
8-2.5. Action: Subdivision. The Advisory Agency shall approve, condition-
ally approve, or disapprove Tentative Maps of subdivisions within 50 days after
certification of the environmental impact report, adoption of a negative
declaration, or a determination by the Planning Director that the project is
exempt from the requirements of Division 13 (commencing with ~ection 21000) of
the Public Resources Code. Conditions of approval may include, but are not
limited to dedication and improvement of streets, alleys, including access rights
and abutter's rights, drainage, public utility easements and other public
easements.
8-2.6. Conformance to City of Dublin Ordinance. No Tentative Map shall be
approved which is not in conformance with the provisions of this Chapter, the
City of Dublin Zoning Ordinance and any other Ordinance of the City of Dublin.
The applicant shall be responsible for attaining conformance with the Tentative
Map requirements of other agencies.
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8-2.7. Appeals.
(a) The City Council shall be the Appeal Board.
(b) As used herein, the term "interested person adversely affected" means
any City department, public agency, public utility, or any person
claiming that the decision is likely to result in personal economic
loss or damage to his property.
(c) Within fifteen (15) calendar days after action, the subdivider may
appeal any action of the Advisory Agency to the City Council. Appeals
to the City Council shall be submitted in writing to the City Clerk.
Said appeals shall reference the Tentative Map number and shall state
fully the nature and extent of the appeal and the reasons why it is
taken. Such appeal and the hearing thereon shall be conducted in the
manner provided by Government Code Section 66452.5(a) and (b) and
subsection (f) of this section.
(d) Any interested person adversely affected by a decision of the Advisory
Agency may file a complaint on a form to be provided by the City
Planning Department with the City Clerk concerning such decision. Any
such complaint shall be filed with the Clerk within fifteen (15)
calendar days after the action which is the subject of the complaint.
The Appeal Board may, in its discretion, reject the complaint within
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fifteen (15) calendar days or set the matter for public hearing. If
the Board rejects the complaint, the complainant shall be notified of
such action by the City Clerk.
(e) Any interested person may appeal any decision of the Advisory Agency
relative to the provisions of Government Code Sections 66473.5, 66474,
66474.1 and 66474.6 to the City Council. Such appeal and the hearing
thereon shall be conducted in the manner provided by Government Code
Section 66452.5(a) and (b), and the subsection (f) of this section.
(f) Whenever a public hearing is held pursuant to this section, it shall be
conducted as required by Government Code Section 66451.3. Notice of
the time and place thereof, and a general description of the location
of the proposed subdivision shall be given at least ten (10) days
before the hearing by publication once in a newspaper of general
circulation in the City of Dublin. Any interested person may appear
at such hearing and shall be heard.
8-2.8. Time for Action or Report. Any of the time limits for action or
report may be extended by mutual consent of the subdivider and the Advisory
Agency. Failure of the Advisory Agency or appeal board to act within the time
limits specified herein or in the Subdivision Map Act shall be remedied as speci-
fied in the Subdivision Map Act for inaction on Tentative Maps of subdivisions.
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8-2.9. Effective Period. The approval of a Tentative Map shall be
effective for two and one half years, or for such shorter period as may be
specified by the Advisory Agency in approving the Tentative Map. Upon appli-
cation of the subdivider during the effective period, an extension of the
effective period up to three years may be granted or conditionally granted by
the Planning Commission, which is designated the Advisory Agency for this
purpose, upon the determination that circumstances under which the map was
approved have not changed to the extent which would warrant a change in the
design or improvement of the Tentative Map. Expiration dates of approved
Tentative Maps may be extended pursuant to the provisions of Government Code
Sec. 66452.6(a).
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Article 3
Design
8-3.0. General Requirements. In addition to meeting the specific
requirements of the article, the design of the subdivision shall, to the
satisfaction of the Advisory Agency, conform to the land use and circulation
policies of the City of Dublin General Plan and its component elements and any
other officially adopted specific plan or land development policy, and shall
conform to the City of Dublin Zoning Ordinance, officially adopted standards for
streets and roads, grading, erosion and siltation control, seismic safety, and
design standards adopted by the utility, fire protection, sanitary and flood
control districts in which the land division is located. The size and alignment
of streets and walks and the location and configuration of sites for lots,
schools, parks, and similar facilities shall be coordinated with the anticipated
requirements of the future population, the physical characteristics of the land,
and the environmental requirements of the surrounding community to produce an
optimum human habitat.
8-3.1. Street Alignment. The center lines of all streets and highways
which are to be extended shall be the continuation of the center lines of exist-
ing streets and highways in adjacent and contiguous territory. In cases in which
the straight continuations are not desirable, the center lines may be continued
by curves tangent at the intersection with the boundaries of the proposed
subdivision to the center lines of existing streets or highways.
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8-3.2. Street and Alley Grades and Widths:
(a) Grades of all streets and alleys shall be established so that the
subdivision is properly drained and shall conform as nearly as possible
to the natural topography of the property. Minimum street grade is 1%.
Maximum street grade is 12%.
(b) Where a subdivision adjoins acreage, provision may be made for
reasonable future access to the acreage.
(c) The widths of streets shall be based on the width of streets of which
they are a continuation, but shall not be less than those shown on the
City's Standard Plans unless otherwise approved under a planned
development zoning or established right-of-way lines (Chapter 7.68).
(d) Minimum right-of-way widths of streets which are to be accepted into
the City Road System shall be as shown on the City's Standard Plans
or established right-of-way lines. Easements for construction and
maintenance of slopes in excavation or embankments outside the limits
of street dedication may be required where topographical conditions
make easements desirable.
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8-3.3. Blocks.
(a) Blocks shall not exceed one thousand three hundred and fifty (1,350)
feet in length unless the previous adjacent layout or topographical
conditions or the special design of the particular subdivision justify
a variation from the requirement. Blocks in excess of 1,350 feet shall
be provided adjacent to main thoroughfares in order to reduce the
number of intersections.
(b) At street intersections the block corners shall be rounded at the
property line by a curve to provide at least one hundred (100) feet
sight distance diagonally between two (2) vehicles approaching the
corner on intersecting street center lines; the radius of the curve
shall be not less than twenty (20) feet.
8-3.4. Lots.
(a) Lots shall be designed to meet or exceed the minimum standard for area,
median lot width, and effective lot frontage specified for the City of
Dublin Zoning Ordinance for the zoning district in which the
subdivision is located.
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(b) Lots, and the grading thereof, shall be of a size and shape to accommo-
date the uses that reasonably could be expected to occur under existing
zoning with consideration given to the limitations of topography and
soil conditions, and the need for providing access, privacy and
preserving natural features of significance.
8-3.5. Grading. Subdivision grading shall conform with the intent, general
requirements and lot design requirements of this chapter, shall be consistent
with recommendations contained in. the soils-geologic investigation report, and
shall specifically conform with all design standards and criteria contained in
the City of Dublin Grading Ordinance. All such design standards and criteria are
incorporated herein by reference.
8-3.6. Erosion and Siltation Control. Erosion and siltation control
facilities shall control and contain erosion-caused silt depos.its and provide for
the safe discharge of silt-free storm waters into existing storm drain facilities
and natural water courses.
(a) Slopes. The faces of cut and fill slopes shall be prepared and
maintained to control against erosion.
(b) Debris Basins. Debris basins shall be installed whenever and wherever
necessary to protect the subdivision and the properties below the
subdivision from erosion and siltation.
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(c) Temporary Debris Basins. Temporary debris basins shall be installed
prior to commencing grading operation and shall be maintained until the
erosion and siltation control measures have been installed and are
fully effective.
(d) Erosion and siltation control measures shall be consistent with the
recommendations contained in the preliminary soils investigation report
and the report evaluating the geological conditions present.
8-3.7. Flood Hazards. Where a subdivision is proposed which lies partially
or totally within an area designated on a map prepared by a governmental agency
as having a special flood hazard, the subdivider shall make provisions to
minimize damage to structures and improvements, including those of public
utilities. The subdivider shall provide adequate drainage to reduce exposure
to such hazards and shall design water supply and sanitary sewage systems to
minimize infiltration of flood waters into the systems and prevent discharges
of sewage and other contaminants into flood waters.
8-3.8. Dedications. The Advisory Agency may require dedications or offers
of dedication for any purpose specified in Article 3 of Chapter 4 of the
Subdivision Map Act subject to the procedures and qualifications specified
herein.
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8-3.9. Reservations.
(a) General. As a condition of approval of a Tentative Map, the subdivider
shall reserve sites, appropriate in area and location, for parks,
recreational facilities, fire stations, libraries, water, water
recycling and wastewater facilities, or other public uses according
to the standards and formula contained in this section.
(b) Standards for Reservation of Land. Where a park, recreat:Lonal
facility, fire station, library, water, water recycling and wastewater
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facilities, or other public use is shown on the General Plan or an
adopted specific plan, the subdivider may be required by the City to
reserve sites as so determined by the City in accordance with the
policies and standards contained in the General Plan or the "iopted
specific plan. The reserved area must be of such size and shape as to
permit the balance of the property within which the reservation is
located to develop in an orderly and efficient manner. The amount of
land to be reserved shall not make development of the remaining land
held by the subdivider economically infeasible. The reserved area
shall be consistent with the General Plan or the adopted specific plan
and shall be in such multiples of streets and parcels as to permit an
efficient division of the reserved area in the event that it is not
acquired within the prescribed period.
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(c) Procedure. The public agency for whose benefit an area has been
reserved shall, at the time of approval of the Final Map or Parcel Map,
enter into a binding agreement to acquire such reserved area within two
(2) years after the completion and acceptance of all improvements,
unless the period of time is extended by mutual agreement.
(d) Payment to Subdivider. The purchase price for the reserved area shall
be the market value thereof at the time of the filing of the Tentative
Map plus the taxes against the reserved area from -the date of the
reservation and any other costs incurred by the subdivider in the
maintenance of the reserved area, including interest costs incurred
on any loan covering the reserved area.
(e) Termination. If the public agency for whose benefit an area has been
reserved does not enter into a binding agreement in accordance with
this section, the reservation of the area shall automatically
terminate.
8-3.10. Advisory Agency May Authorize Exceptions. The Advisory Agency may,
in the exercise of reasonable judgment, grant variances to the requirements of
this Chapter, for street alignment, grades, widths, lengths, block design, median
lot width and effective lot frontage, and to all subjects referred to in Sections
8-3.5. and 8-3.6. as is determined warranted by topographic limitations or soil
or geological conditions, the opportunity for more effective and desirable land
utilization, or the showing that under the particular circumstances an alternate
standard would meet or surpass the intent of the given requirement.
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Article 4
Improvements
8-4.0. Duty of Subdivider to Improve Streets, Etc. The subdivider may be
required to improve all streets, highways, public ways and easements which are
a part of the subdivision, as well as improvements that may not be part of the
subdivision but are affected by the subdivision.
8-4.1. Required Improvements. The required improvements shall include:
(a) Grading and surfacing of streets, highways and public ways, and the
drainage thereof.
(b) The grading of the lots and the drainage thereof as may be required by
the design of the approved Tentative Map.
(c) The construction and installation of debris basins and the installation
of erosion and siltation control measures as may be necessary to
control erosion and siltation.
(d) For any subdivision requiring a Final Map, domestic water supplied by a
public utility subject to regulation by the Public Utilities Commission
of the State of California or by a public agency authorized to levy
taxes for such purposes which has consented in writing to provide such
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water. For all other subdivisions, a water supply of the extent
required above for a subdivision, or to any lesser extent as may be
determined by the Health Officer as sufficient to protect the public
health, considering the uses and intensity of development permitted in
the area of the land subdivision.
(e) For all subdivisions having lots less than 40,000 square feet, a
sanitary sewer system and sewage disposal works serving each lot
administered by a public agency authorized to levy taxes for such
purposes, which agency has consented in writing to provide such
service. For any other subdivision a sewage disposal system of such
extent as may be determined by the Health Officer as sufficient to
protect the public health, considering the uses and intensity of
development permitted in the area of the land division.
(f) Construction of such structures as may be necessary for public safety,
including but not limited to local neighborhood drainage, traffic
safety signs and devices, and street lighting.
(g) In case of a subdivision included in a fire protection agency the
subdivider shall install water mains, fire hydrants, gated connections
and appurtenances to provide water supply and access for fire
protection in conformance with standards, if any, established by the
fire agency and domestic water supplier, or where a land subdivision
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is not included in a fire agency, the subdivider shall make such
installations in conformity with the latest standards established
by the Insurance Services Office and domestic water supplier.
8-4.2. Same: Limitations for Subdivisions into Four or Less Lots.
Improvements which may be required by the Advisory Agency for subdivisons into
four or less lots are limited to the dedication of rights-of-way, easements, and
the construction of reasonable offsite and onsite improvements for the parcels
being created. Requirements for the construction of such offsite and onsite
improvements shall be noticed by certificate on the Parcel Map, on the instrument
evidencing the waiver of such Parcel Map, or by separate instrument and shall be
recorded on, concurrently with, or prior to the Parcel Map or instrument of
waiver of a Parcel Map being filed for record.
Fulfillment of such construction requirements shall not be required until
such time as a permit or other grant of approval for development of the parcel
is issued by any agency of the City of Dublin, or until such time as the
construction of such improvements is required pursuant to an agreement between
the subdivider and the local agency, except that in the absence of such an
agreement, a local agency may require fulfillment of such construction require-
ments within a reasonable time following approval of the Parcel Map and prior to
the issuance of a permit or other grant of approval for the development of a
parcel upon a finding by the local agency that fulfillment of the construction
requirements is necessary for reasons of:
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(1) The public health and safety; or
(2) The required construction is a necessary prerequisite to the orderly
development of the surrounding area.
8-4.3. Standards for Improvements. Except as provided in subsection
8-4.1.(g) of this article, all improvements shall be constructed in accordance
with standard engineering practice and in accordance with Standard Plans and
Specifications approved by the City.
8-4.4. Inspection By City Engineer. The City Engineer shall have the right
to enter upon the site of the work for the purpose of inspecting the same and
shall be furnished with samples of materials as he may require for the making of
tests to determine the acceptability of the materials.
8-4.5. Cost of Inspection. The subdivider shall pay to the City the actual
cost for the inspection of the work and checking materials.
8-4.6. Deposit to Cover Cost of Inspection. Under deposit: Over deposit:
When the Final Map or Parcel Map is presented to the City Council, the subdivider
shall give evidence that he has deposited with the City Finance Director a sum in
the amount estimated by the City Engineer as being sufficient to cover the costs
of inspection and tests. If the amount so deposited exceeds the actual cost to
the City, the subdivider shall be reimbursed for the balance remaining. If the
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actual cost exceeds the deposited amount, the City shall stop all construction
until the land subdivider presents a receipt for a deposit with the City Finance
Director of an additional sum as estimated by the City Engineer.
8-4.7. Improvement Security. In the event an agreement for the improvement
of streets or easements, or for the performance of any other act, is entered into
between the City and the subdivider, the contract may be secured by anyone of
the methods provided in Chapter 5 of the Subdivision Map Act.
8-4.8. Same: Terms of. The contract must also specify the time within
which the work must be completed and must also specify that should the work not
be satisfactorily completed within the time limit, the City shall complete all
specified improvements and be completely reimbursed therefore by the owners or
owner of the land subdivision. The contract may provide for the improvements to
be installed in units, for extension of time under specified conditions or for
the termination of the contract upon a reversion of the division of land or a
part thereof to acreage.
8-4.9. Completion of Improvements. As-built Drawings and Declaration.
Upon completion of improvements, the subdivider shall provide as-built drawings
in the form required by the City Engineer prepared by a Civil Engineer registered
by the State of California showing the subdivision as it has been completed.
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8-4.10 Supplemental Improvement Capacity.
(a) As a condition of approval of a Tentative Map, there may be
imposed a requirement that improvements installed by the sub-
divider for the benefit of the subdivision contain supplemental
size, capacity, number or length for the benefit of property not
within the subdivision and that those improvements be dedicated to
the public. However, when such supplemental size, capacity,
number or length is solely for the benefit of property not within
the subdivision, the City shall, subject to the provisions of
Sections 66486 and 66487 of the Subdivision Map Act, enter into an
agreement with the subdivider to reimburse the subdivider for that
portion of the cost of such improvements equal to the difference
between the amount it would have cost the subdi~ider to install
such improvements to serve the subdivision only and the actual
cost of such improvements.
(b) The City Council shall determine the method for payment of the
costs required by a reimbursement agreement, which method may
include, but shall not be limited to, the following:
(1) The collection from other persons, including public agencies,
using such improvements for the benefit of real property not
within the subidivison, a reasonable charge for such use.
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(2) The contribution to the subdivider of that part of the cost
of the improvements that is attributable to the benefit of
real property outside the subdivision and the levy of a
charge upon the real property benefited to reimburse the City
for such costs, together with interest thereon, if any, paid
to the subdivider.
(3) The establishment and maintenance of local benefit districts
for the levy and collection of such charge or costs from the
property benefited.
(c) No charge, area of benefit or local benefit district shall be
established unless and until a public hearing i!s 'noticed and held
thereon by the City Council and the City Council finds that the
charge, area of benefit or local benefit district is reasonably
related to the cost of such supplemental improvements and the
actual ultimate beneficiaries thereof.
(d) In addition to the notice, written notice of the hearing shall be
given to those who own property within the proposed area of
benefit as shown on the last equalized assessment roll, and the
potential users of the supplemental improvements insofar as they
can be ascertained at the time. Such notices shall be mailed
by the City Clerk at least ten (10) days prior to the date
established for the hearing.
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Article 5
Surveys and Monuments
8-5.0. Field Survey. A Final Map or a Parcel Map based upon a field survey
shall be made in conformity with the Land Surveyor's Act.
8..5.1. Discrepancy. Whenever the field suyvey indicates a disc"cep'&ncyfrom
previously recorded data, the record dimensions shall be shown in parentheses
and in the same basis of bearings along with the field dimension. When the
discrepancy is major and causes a conflict to title, the subdivider shall take
appropriate action to clear said title prior to the filing of the map.
8-5.2. Compiled Map. A Parcel Map may be compiled from a recorded or filed
map if all of the following conditions are existing:
(a) The compiled map is based on a Final Map or Parcel Map filed in the
Office of the County Recorder after January 1, 1964, or on a Record of Survey
filed in the Office of the County Recorder after January 1, 1964, and prior to
January 1, 1982, or on another Final Map, Parcel Map, or Record of Survey subject
to prior approval of the City Engineer.
(b) All of the exterior boundary lines are indicated by field bearings and
distance on said map.
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I.
(c) Sufficient survey information exists on said map to locate and retrace
the exterior boundary lines.
(d) At least one of these boundary lines can be established from an
existing monumented line which is shown on said map.
8-5.3. Accuracy Required. An accurate and complete boundary closure shall
be made of the land to be divided. A traverse of the exterior boundaries of the
tract ox' pexcel and of each block and lot: OJ:. parcel when computed, must close
within a limit of error of 0.015 of a foot in latitude and/or departure. StrE:et
monumentation will be field checked to an accuracy of 0.01 of a foot per 100 feet
and angle measurement to 20" seconds of angle and not to exceed 0.05 of a foot
point position.
8-5.4. Remainder. If the remainder of the original parcel shown on the
Parcel Map has a gross area of five acres or more, said remainder may be a field
surveyor may be indicated by deed bearings and distance shown in brackets; the
bearings shall be on the same basis of bearings as the survey and the distances
shall be in feet and designated as being a "Non-Surveyed Remainder."
8-5.5. Ties to Center Lines. Whenever the City Engineer has established
the center line of a street or alley, ties shall be made to that center line and
any monument or reference point thereon.
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8-5.6. Boundary Monuments, Field Survey. Monuments shall be set, or
witness thereto, at all major angle points, and shall be sufficient in number
together with existing monuments of record for the perpetuation or facile
re-establishment of any point or line of the exterior boundary.
8-5.7. Boundary Monuments, Compiled. When the exterior boundary of a
Parcel Map is compiled from a file map, the point of intersection of a new
division line with the exterior boundary line shall be monumented or witness
th.ereto.
8-5.8. Boundary Monuments, Type. Monuments set shall be durable in nature,
such as an iron pipe, and efficiently placed so as not to be readily disturbed.
8-5.9. Street Monuments. The Engineer or Surveyo:,~ shall,:set permanent
interior monuments in the street areas, located so as to defin~'" the street lines
bounding each block. Due consideration shall be given to visibility of
monuments, one from another, for the purposes intended.
8-5.10. Street Monuments, Type. Permanent monuments shall conform to the
approved standards of the City of Dublin for Concrete Monument for use on
subdivision project.
8-5.11. Monuments, Time for Setting.
(a) Exterior boundary monuments shall be set before approval of the Final
Map or Parcel Map.
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(b) Interior monuments may be set after approval of the Final Map or parcel
map provided that they be set not later than the time of completion of
improvements and adequate improvement security is filed with the City
prior to City Engineer approval and certification of the map.
8-5.12. Monuments, Inspection and Approval. All monuments shall be subject
to inspection and approval by the City Engineer.
8-5.13. California Coordinate System. \.)henever the City Engineer has an
approved system of California Coordinate mom.unents the survey shall be tied into
the approved monuments.
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Article 6
Final Map and Parcel Map
8-6.0. Title Block. Each sheet of the map shall contain a title,
consisting of the Tract number or Parcel Map number, but no commercial name or
title shall appeal on the map as a designati"on. Below the ,number shall. appeaT
"City of Dublin, Alameda County, California." Next the name of the Surveyor or'
Firm, County and State, the scale and date. If the subdivision is a condominium
project, the statement "A Condominium Project, or "For Condominium Purposes"
shall appear beneath the Tract number.
8-6.1. Title Sheet. The title sltpet shall show the Titl'e4Block, Owner's
Certificate, Acknowledgements, Surveyors' Certificate, City Engineer's Certifi-
cate, County Recorder's Certificate. A Subdivision of, being the name, and legal
designation of the tract in which the survey is located and any other statements
or notes that are required.
8-6.2. Map Sheet. The scale of the map shall be one (1) inch equals forty
(40) feet or less, unless otherwise approved by the City Engineer. Every sheet
comprising the map shall show the Title Block, north arrow, legend, basis of
bearings, sheet number and number of sheets comprising the map.
8-6.3. Index Sheet. If there are more than three map sheets, there shall
be an index sheet preceding the map sheets.
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8-6.4. Exterior Boundary. The exterior boundary of the land included
within the subdivision shall be indicated by the following symbol: a long line
(minimum 1/2 inch in length) followed by three (3) short lines (maximum 1/8 inch
each in length), the width of said line segments shall be such that they are
distinctive.
8-6.5. Lot and Parcel Numbering. Lots or parcels shall be numbered in
numerical order starting from numeral "1." Circles, squares, or other geomet-
rical fi.gures shal.lnot be .d;:a\>ll1 around \:h0 lLtte.:c or numbers. If possib18, each
block shall be shown entirely on one sheet; eac.l, l~)t or parcel TIIUSt be shown
entirely on one sheet.
8-6.6. Lands for Private Use: for Public Use: Designatioris. The map
shall particularly define, d(,J ineate and designate all lots or parcels intended
for sale or reserved for private purposes, all parcels offered"'f'or dedication for
any purpose, public or private, and any private streets, with all dimensions,
boundaries and courses clearly shown and defined in every case. Dimensions of
lots or parcels shall be given as the net dimensions only to the boundaries of
adjoining streets that will be accepted for dedication or where the street is
held in fee by the City of Dublin. No ditto marks shall be used. Parcels
offered for dedication but not accepted, as well as common parcels offered for
private use, shall be designated by letter, and private streets offered but not
accepted for dedication shall have inserted the words, "Private Street."
,,'"t,
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8-6.7. Lands for Public Use: Dedication: Offer of. 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 for
the exclusive use of the lot owners in the subdivision, their licenses, visitors,
tenants, and servants.
8-6.8. Lettering. All lettering on the map shall be a minimum of 1/8 inch
in height and of such shape and weight as to be readily legible on prints and
microfilm:;:'eproductions. Minimu.m pen size shall be "0 ."
8-6.9. Streets: Side Lines: Widths. The map shall show the montment
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 dedicat~on, and the widths
each side of the mc'nument line, also the width of railroad rights-of-way
appearing on the map.
8-6.10. Easements: Descriptions. The map shall show the side lines of all
easements to which the lots are subject. Easements must be clearly labelled and
identified, and if already of record, the recorded reference given. If any ease-
ment of record is not definitely located, a statement of the easement must appear
on the title sheet. The width of the easement and the lengths and bearings of
the lines thereof and sufficient ties thereto to definitely locate the easement
with respect to the subdivision must be shown. If the easement is being
dedicated by the map, it shall be properly set out in the owner's certificate
of dedication.
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8-6.11. Dedication. Dedications or offers of dedication shall be made
",;.'
either by certification on the map or by separate instrument. If dedications or
offers of dedication are made by separate instrument, such dedication or offers
of dedication shall be recorded concurrently with, or prior to, the map being
filed for record.
8-6.12. Street Names: Approval by Advisory Agency: Designations. In
order to avoid duplication, names to be used on new streets shall be subject to
the appro'\'al of the CityCGuncil. If any j".signatioIl be numbe!:, they shall :be
spelled out completely, using hyphens in such forms as "Twen'ty-Third Street."
The words: "Avenue," "Boulevard," "Place," etc., shall be spelled out in full.
8 - 6 .13 . Procedure. Upon approval of the Tentative Map, ,..prints of the Final
Map or P,'ncel Map shall be submitted to the City Engineer forllis examination for
conformance to the approved Tentative Map, 10cCl.l Ordinance, the' Subdivision Map
Act, and the Land Surveyor's Act.
8-6.14. Data and Material to Accompany the Submittal. The following data
and material shall be provided by the Subdivider or his agent:
(a) A traverse sheet or sheets in a form approved by the City Engineer
giving latitudes and departures and coordinates of the boundary of the
subdivision, blocks, lots, or parcel and monument lines therein.
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(b) A minimum of three (3) sets of prints of the map.
(c) Submit a copy of the record owner deed and/or those deeds used in the
survey, i.e., senior, adjoiners and easements.
(d) Submit a current Title report, and deeds of trust.
(e) Plans, cross sections, profiles and specifications of the street
impl'ovements, grading, drainage facilities, water, watel: recyc':Ling and
sanitary sewer improvements, and erosion and siltation control measure~3
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 horizontaYand one (1) inch
equal four (4) feet vertical, unless prior approval':f!s granted by the
City Engineer. Plans and drawings shall be in the f6rm specified by
the City Engineer and shall be certified by a Registered Civil
Engineer.
(f) A statement of the water supply installed or available for the subdi-
vision, including information as to the source and adequacy of the
supply.
(g) A statement of the sewerage works and sewage disposal installed,
proposed or available for the subdivision, together with a statement
from the controlling agency that the proposed system will comply with
all Health Department rules and regulations and state laws and operate
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without creating a public or private nuisance, or a statement shall be
required where the subdivision is to be sewered by connection to an
existing public sanitary sewer system.
(h) The tracing of the map shall contain original signatures and shall be
submitted for certification when notified by the City Engineer; in
addition to the tracing of the map there shall be submitted three (3)
sets of prints of the map and one set of Mylar reproduceables of the
map.
(i) The submittal of the Final Map or Parcel Map for a common interest
development within the meaning of Sections 1350 et ~~~ of the State
Civil Code shall include the proposed Declaration of;,>Govenants,
Conditions and Restrictions containing the provision's"'descri.bed in
Section 1353 of the Civil Code, and all other goverri~hg docwnents for
the subdivision as are appropriate pursuant to Section 1363 of the
Civil Code. The submittal of the Final Map or Parcel Map for all
subdivisions other than a common interest development shall include any
Declaration of Covenants, Conditions and Restrictions proposed in
connection therewith. All documents shall be subject to review and
approval by the Planning Director, Public Works Director and City
Attorney.
8-6.15. Fees Payable for Processing a Final Map: Evidence of Payment to
City Engineer. The subdivider shall pay to the City for the purpose of checking,
investigating, surveying, and other matters required by law and these regula-
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tions, those fees for the checking of the map, plans and specifications, and
investigations incidental thereto as set out in the City of Dublin fee
resolution. .
\llien prints of the map and accompanying data and material are pr,esented to
the City Engineer for examination, the subdivider shall give evidence to the City
Engineer that he has deposited with the City Finance Director the fees or
deposits as required by the City's Fee Resolution. If the amount is a deposit,
and it exceeds the'actual cost to the City, -che subdivider shall be reimb'ursed
for the balance remaining. If the actualeost exceeds the deposited amount, the
City Engineer shall withhold certification of the map until the subdivider
presents a receipt for the deposit of the excess amount.
8-6.16. Fee Payable for Processing a Parcel Map. The subdividr::r shall
pay to the City for the purpose of checking, investigating, surveying and other
matters required by law and these regulations for processing a Parcel Map the fee
fixed by the schedule adopted for that purpose by the City Council and in effect
at the time the Parcel Map is submitted for checking. Said payment shall be
submitted to the City Engineer at the time the Parcel Map is submitted for
checking.
8-6.17. Action on Parcel Map. The City Engineer is authorized to take
final approval action on a Parcel Map as well as to reject offers of dedication.
Acceptance of offers of dedication on a Parcel Map shall require Council
approval. The City Engineer shall disapprove a Parcel Map for failure to meet
or perform any of the requirements or conditions imposed by the Subdivision Map
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Act, this Ordinance, or the approved Tentative Map for the subdivision; provided
that a Parcel Map shall be disapproved only for failure to meet or perform
requirements or conditions which were applicable to the subdivision at the time
of approval of the Tentative Map; and provided further that such disapproval
shall be accompanied by a finding identifying the requirements or conditions
which have not been met or performed. A Parcel Map shall not be disapproved when
the failure to meet requirements or conditions is the result of a technical or
inadvertent error which does not materially affect the validity of the map as may
be d~terminedby the City Engineer.
8-6.18. Action on Final Map. The City Council shall take final approval
action on Final Maps. It shall disapprove a Final Map for fa:flure to meet or
perform any of the requirements or conditions imposed by the Subdivision Map Act, ".
this Ordinance, or the approved Tentative Map for the subCi:i.vfs:i'on; provided that
a Final Map shall be disapproved only for failure to meet or"tj'erform requirements " .
or conditions which were applicable to the subdivision at the time of approval of
the Tentative Map; and provided further that such disapproval shall be accomp-
anied by a finding identifying the requirements or conditions which have not b8en
met or performed. A Final Map shall not be disapproved when the fai_lure to meet
requirements or conditions is the result of a technical or inadvertent error
which does not materially affect the validity of the map as may be determined
by the City Council.
8-6.19. Transmittal. After the City Engineer's approval and certification
of a Parcel Map or Final Map, it shall be transmitted to the City Clerk for final
action and ultimate transmittal to the County Recorder.
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8-6.20. Amended Map. A map may be amended in conformance with the
provisions of the Subdivision Map Act and local Ordinances and shall be entitled
"Amended Map of
"
8-6.21. Amendment Shown. All corrections or omissions shall be boxed
and the errors removed from the map with a certified statement by the Surveyor
stating, in general, the correction or omission being made in addition to the
recording information of the original map.
8-6.22. Certificate of Correction. Hay bE; used to: (1) correct an error
in the description of real property, (2) a course error that is outside of the
exterior boundary of the map.
The Certificate of Correction shall be upon a form
approved by the City Engineer.
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8-6.23. Reversion to Acreage. A map may be reverted to'~acreage in pursuant
to all the provisions of the Subdivision Map Act and shall be entitled "Reversion
to Acreage of
"
8-6.24. Re-Subdivision. Subdivided lands may be merged and re-subdivided
without reverting to acreage by complying with all applicable provisions of the
Subdivision Map Act.
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Article 7
Dedication of Lands for
Park and Recreation Purposes
7-7.0. Authority. This Ordinance is enacted pursuant to authority granted
by Section 66477 of the Government Code of the State of California.
(Based on sec. 2, Ord. 83-55)
8.7.1. Requirement. Each subdivider of the land classified by the City
of Dublin Zoning Ordinance for residential use shall as a condition to filing
a Final Subdivision Map dedicate or reSE:TVe lands, pay fees iD.ii! lieu thereof,
or a combination of both, for neighborhood and community parkj.\'or recreational
purposes. Requirements shall be established by the Advisory Agency when acting
on the Tentative Map in consultation with the City of Dublin Public Works
Department or Recreation Department. Land or fees required under this Article
shall be conveyed or paid directly to the City of Dublin which provides
community-wide park and recreational services upon approval of the Final Map.
8-7.2. Limitations.
(a) The land, fees, or combination thereof are to be used only for the,
purpose of developing new or rehabilitating existing neighborhood
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and community park or recreational facilities bearing a reasonable
relationship to use -by future residents of the subdivision.
(b) The City of Dublin shall develop a schedule specifying how, when,
and where it will use the land or fees, or both, to develop park or
recreational facilities to serve the residents of the subdivision in
a manner consistent with the limitations of this Chapter and State
Subdivision Map Act. Any fees collected under the Ordinance shall be
committed 'wi thin fi.ve (5) years aftf.~r thef.a.yment of sue!.; fees or the
i:3suance of buildi.ng permits on (;ne..h1'llf Gf the lots created by the
subdivision, whichever occurs later. If such fees are not committed,
they shall be distributed and paid to the then recorded owners of the
subdivison in the same proportion as it was collectEi'd".
(c) Park and recreational facilities shall be in accordo'with principles and
standards of the Park and Recreation Element of the City of Dublin
General Plan.
(d) Only the payment of fees may be required in subdivisions containing
fifty (50) parcels or less. In subdivisions larger than 50 parcels,
this requirement may be satisfied by dedicating land and/or payment of
fees as determined by the Advisory Agency.
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(e) Provisions of this Article do not apply to condominium projects or
stock cooperatives which consist of the subdivision of airspace in an
existing apartment building which is more than five (5) years old when
no new dwelling units are added.
8-7.3. General Standard. It is hereby found and determined that the public
interest, convenience, health, safety and welfare require that five (5) acres of
property for each one thousand (1,000) persons residing within the City be
rievoted. to local park and recreational purposes. The amc\mt of land to be
dedicated, or fees to be paid, shall bear a reasonable relationship to thE' use OJ~
the park and recreation facilities by the future inhabitants of the subdivision
and shall be the amount calculated from the following formula:
LAND
A X B
FEE
A X B X C
D
(a) "A" means the park and recreation area required per dwelling unit,
based on the type of dwelling units of the proposed subdivision and the
park area per 1,000 people of the City.
(1) The park area of the City is determined to be 5,0 acres per 1,000
people, or .005 acres per person.
(2) The park and recreation area required per dwelling unit, A, is
established as follows:
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(a) For detached single-family dwelling units, each unit is
assigned 3.2 people.
Therefore:
A
3.2 X .005
.016 acres per unit
(b) For attached single-family, duplex or multi-family dwelling
units. ea(~h unit iE\ assiguE:,,j 2.0 people.
Therefore:
A
2.0 X .005
.010 acres per unit.:~'
(b) "B" means the number of dwelling units in the proposed subdivision.
For the purpose of this section, the number of dwelling units in the
proposed subdivision shall be determined as follows: In areas zoned
for one dwelling unit per lot or parcel, the number of dwelling units
shall equal the number of parcels indicated on the Tentative Map. Whe~
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 Tentative Map. For planned
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development projects, the number of dwelling units shall equal the
number of dwelling units indicated on the approved planned development
plan.
(c) "C" means the current market value of the developable acreage of the
area to be subdivided.
(d) "D" means the developable acreage of the area to be subdivided.
8-7.4. In Lieu Fees. Where fees are required by the City to be paid in
lieu of land dedication, such fees shall be based on the current market value of
the developable acreage of the area to be subdivided as determined by the
Director of Public Works and Planning Director at the time of.':approval of the
Final Subdivision Map. If the subdivider objects to the determination of current
market value, the subdivider may request the City to obtain anS!appraisal of the
property by a qualified real estate appraiser mutually agreed upon by the City
and the subdivider, which appraisal will be considered by the City in determining
the current market value. All costs required to obtain such appraisal shall be
borne by the subdivider.
8-7.5. Credits.
(a) If the subdivider provides park and recreational improvements to the
dedicated land as authorized by the Advisory Agency, the value of
improvements may be a credit against fees or land dedication
otherwise required by this Article.
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(b) As may be determined by the Advisory Agency, planned developments and
real estate developments, as defined in Sections 11003 and 11003.1,
respectively, of the Business and Professions Code, shall be eligible
to receive a credit for private open space and recreational facilities
in the subdivision not to exceed 25% of fees or land dedication
otherwise required by this Article, provided that:
(1) Private open space is at least 1/2 acre in area with its smallest
dimensionbeL!g at least 100 feet clear excluclingyards anG
setbacks normally required by zoning provisions;
(2) Private open space and recreational facilities are owned and
maintained by a homeowner's association, are available. to all
residents of the subdivision without restriction, and are
designated for park and recreational purposes b)T. recorded
covenants which run with the land, and cannot be defeated or
eliminated without consent of the City Council;
(3) Private open space and facilities are suitable for active park
and recreation purposes taking into consideration such factors
as shape, topography, access, and improvements proposed;
(4) Are in accord with the principles and standards for local parks
contained in the Park and Recreation Element of the City of Dublin
General Plan.
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8-7.6: Procedures.
(1) Prior to approval of the subdivision, the Advisory Agency
shall'consider the report and recommendation from the Parks and
Recreation Commission or Recreation Director, as, the 'case may be,
regarding'the following:
(a) The amount of land required; or
(b) Tha.t a' fef; be charged in lieu 'of land; or
"
(c) That a combination of land and fee be 1:equired; ana
(d) The location of the park land and, where appropriate, the
siting and conceptual design of the park facilities
appurtenant thereto, to be dedicated or us,ed in lieu of, fees.
(2) At ,the time of approval of the subdivision, the;Advisory Agency
shall determine whether land, in-lieu fees, or a combination of
land and fees, shall be dedicated and/or paid by the subdivider.
(3) The Advisory Agency may approve, modify, or disapprove the
recommendation of the Parks and Recreation Commission or
Recreation Director, provided, however, any modification of the
recommendation not previously considered shall first be referred
back to the Parks and Recreation Commission or Recreation Director
for further report and recommendation. The Recreation Direc~or
shall report back to the Advisory Agency within thirty (30) days.
- 49 -
After the receipt and consideration of the report, or after thirty
(30) days have passed in the event no report is received, the
Advisory Agency may take action on the modification.
8-7.7. Off site Dedication. Dedication of land outside of the subdivision
may be authorized by the City of Dublin in consultation with the Public Works
Department or Recreation Department by action on the Tentative Map and be
credited toward the developer's park land dedication requirement.
- 50 -
, , \.
Article 8
Underground Utilities
8-8.0. Intent. The regulations of this Article are intended to promote and
to provide in subdivisions improved under the provisions of this Chapter an
increase in safety and welfare for both the residents of such land division and
"the public in general, and to pr:olong the ecoGcmic life of land "divisions,
enhance views, scenic attributes and the general living environment.
8~8.l. Utility Distribution Facilities to be Placed Underground. All
utility distribution or communication facilities supplying electric, cooonuni-
cation or similar or associated services, installed ir! and for the purpose of
supplying such service to any residentially zoned subdivision requiring the
filing of a Final Map shall be placed underground. Distribution facilities do
not include metal poles used for street lighting, traffic signals, pedestals
for police and fire system communications and alarms, pad-mounted transformers
pedestals, pedestal mounted terminal boxes and meter cabinets, substations, and
facilities used to carry voltages higher than thiry-five thousand (35,000) volts.
8-8.2. Duty of Subdivider. The subdivider is responsible for complying
with all requirements of this Article, and shall make the necessary arrangements
with the utility or communication companies involved for the installation of the
facilities required by Section 8-8.1 of this Article.
- 51 -
/, t,
8-8.4. Request for Variance. The subdivider or a public utility or commun-
ication company may request that the requirements of this Article be varied by
submitting to the Advisory Agency a statement describing fully the nature and
extent of such variance, and the reasons for which it is requested.
8-8.5. Action by the City Council. The City Council upon consideration
of a request to vary the requirements of this Article, and upon finding from the
evidence presented that a balancing of the requirements of the public health,
safety and general welfare with the feasibility of meeting .sud~ rE:,quirements (I:..:,es
not warrant the strict application of the requirements of this Article, by reason
of economic feasibility, soil, topography, compatibility of surrounding area,
future potential number of building sites affected, or that the area to be under-
grounded does not include both sides of the street for at leas:t. one block or 600
feet, may grant a variance in its approval of the Tentative Hap for installing
overhead distribution facilities. The City Council in making~tthe abovG finding
to grant variances to the requirements of this article shall designate such
conditions in connection therewith as will in its opinion best serve the intent
of this Article.
- 52 -
" '.
Article 9
School Facilities Dedication
8-9.0. Title and Purpose. This Article shall be known as the "School
Facilities Dedication Ordinance of the City of Dublin." The purpose is to
provide a method for financing interim school facilities necessitated by new
residential developments causing conditions of overcrowding.
8 - 9.1. Autho:city and Conflict. This A:cticle is enacted pursuant to Chapter
4.7, Title 7, Division 1, (Government Code Sections 65970 et seq.) and consti-
tutes the Ordinance referred to in Sections 65972 and 65974 of Chapter 4.7. In
the case of any conflict between the provisions of this Articre and those of
Chapter 4.7, the latter shall pn'."ail.
8-9.2. General Plan. The City's General Plan provides for the location of
public schools. Interim school facilities to be constructed from fees or land
required to be dedicated, or both, shall be consistent with the General Plan.
8-9.3. Regulations. The City Council may, from time to time, by resolu-
tion, issue regulations to establish administration, procedures, interpretaion
and policy direction for this Article.
8-9.4. Chapter 4.7. "Chapter 4.7" means Chapter 4.7 (commencing with
Section 65970) of Division 1 of Title 7 of the Government Code as added by
Chapter 955 of the Statutes of 1977 and any subsequent amendments thereto.
- 53 -
f , I.
8-9.5. Conditions of Overcrowding. "Conditions of overcrowding" means that
the total enrollment of a school, including enrollment from proposed development,
"
exceeds the capacity of such school as determined by the governing body of the
district.
8-9.6. Dwelling Unit. "Dwelling unit" means a building or a portion
thereof, or a mobile home, designed for residential occupancy by one person
or a group of two or more persons living together as a domestic unit.
8-9.7. Reasonable Methods for MitigatIng Conditions of Overcrowding.
"Reasonable methods for mitigating conditions of overcrowding" include, but are
not limited to, agreements between a subdivider and the affected school district
whereby temporary-use buildings will be leased to the school dfstrict or
temporary-use buildings owned by the school district will be used. The City
Council may establish by resolution additional methods for mitr1cgating conditions
of overcrowding which should be considered by school districts.
8-9.8. Residential Development. "Residential development" means a project
containing residential dwellings, including mobile-homes, of one or more units or
a subdivision of land for the purpose of constructing one or more residential
dwelling units. Residential development includes, but is not limited to:
rezonings, conditional use permits, site development review, and any other
discretionary permit for new residential use, and building permits for new
residential use.
- 54 -
.,
8-9.9. Findings and Notice. Pursuant to Chapter 4.7 of the Government
Code, the governing body of a school district shall make all of the following
findings supported by clear and convincing evidence that: (1) conditions of
overcrowding exist in
one or more attendance areas within the district which
will impair the normal functioning of educational programs including the reason
for such conditions existing; (2) all reasonable methods of mitigating conditions
of overcrowding have been evaluated; and (3) no feasible method for reducing such
conditions exist. Upon making these findings, the school district shall provide
the City vlit:h notice of its fhld}_IigS.
8-9.10. Notice Requirements. Any notice of findings sent by a school
district to the City shall specify:
(a) Findings specified in Section 8-9.9.
(b) Mitigation measures considered by the district and any determination
made concerning them by the district.
(c) A map delineating the overcrowded attendance area or areas, and other
attendance areas in the district.
(d) Recommendations for standards for land dedication and fees based on
Section 8-9.18, General Standards.
- 55 -
I , .,
(e) Such other information as may be required by City Council's resolution.
8-9.11. City Concurrence. After the receipt of any notice of finding
complying with the requirement of Section 8-9.10, the City Council shall deter-
mine whether it concurs in such school district findings. The Council shall
schedule and hold a public hearing on the matter of its proposed concurrence
prior to making its determination.
8-9.i2. -Findings fo:c Deve.lopment; Approval. Within an attend2.UC8 [(L'ea where
"the City Council has concurred in a school district's findings that c:onditions or
overcrowding exist, no discretionary permit for residential use and no building
permit for new residential construction shall be approved in the attendance area,
unless the City Council makes one of the following findings:'!
(a) That this Article is an Ordinance adopted pursuant to Section 65974 of
Chapter 4.7.
(b) That there are specific overriding fiscal, economic, social, or
environmental factors which in the judgment of the planning agency
would benefit the City, thereby justifying the approval of a resi-
dential development otherwise subject to the interim school facilities
dedication provisions of this division.
8-9.13. School District Schedule. Following the concurrence and decision
by the City to require the dedication of land or the payment of fees, or both,
for an attendance area, the governing body of the involved school district shall
- 56 -
I. i ),
submit a schedule specifying how it will use the land or fees, or both, to solve
the conditions of overcrowding. The schedule shall include the school and the
times when such facilities will be available. In the event the governing body of
the school district cannot meet the schedule, it shall submit modifications to
the City Council and the reasons for the modification.
8-9.14. Developer's Responsibility. In an attendance area where the City
Council has concurred as provided in Section 8-9.1" the developer of applicable
residentia.l projects shall dedicat;e land, pay fees in lie:..( therof; or do a combi-
nation of botb, for classroom and related fac:Llities for mandated educational
programs for elementary, middle/junior high, and/or high schools.
8-9.15. Land Dedication Limits. Only payment of fees may be required for
approval of projects containing fity (50) parcels or less. In.' subdivisions
larger than 50 parcels, this requirement may be satisfied by d~dicating land
and/or payment of fees as determined by the Advisory Agency.
8-9.16. Exemptions. Residential developments shall be exempt from the
requirements of this division when they consist only of the following:
(a) Any modification or remodel of an existing legally established dwelling
unit that does not create an additional dwelling unit.
(b) A condominium project converting an existing apartment building into a
condominium where no new dwelling units are added.
- 57 -
", ~
(c) Any rebuilding of a legally established dwelling unit destroyed
or damaged by fire, explosion, act of God or other accident or
catastrophe.
(d) Any rebuilding of an historical building recognized, acknowledged and
designated as such by the City Council, County of Alameda, State of
California, or Federal Government.
g.:9 .17 . Prior Agreements. Any agreement existing prior: to 'the effective
date of this Ordinance between a school district and a developer pertaining to
the dedication of land and/or payment of fees for school facilities shall be
considered as satisfying this Article's requirements.
8 - 9.18. General Standard. The location and amount of Lind to be ded:I cated
or the amount of fees to be paid, or both, shall bear a reasonable relationship
and will be limited to the needs of the community for interim elementary, middle/
junior high, and/or high school facilities including all mandated educational
programs and shall be reasonably related and limited to the need for schools
caused by the development.
8-9.19. Fees. A schedule for fees required to be paid in lieu of land
dedication or in combination with land dedication shall be established by the
City Council for each attendance area where the Council has concurred with the
school district that conditions of overcrowding exist. The School District
- 58 -
governing body shall recommend the fees for providing interim facilities that are
to be assessed on a development as a condition of City approval of a subdivision.
8-9.20. Land. When land is required to be dedicated, land shall equal in
monetary value fees which would otherwise be market value of all the land in the
residential project as determined by the most recent appraisal made at the
direction of the City Council at the time of discretionary action on the appli-
cation. If the developer, or the school district, objects to this determination,
either may present evidence for a different dedication requirement based on a
recent appraisal of the property by a qualified real estate appraiser.
8-9.21. Land Dedication. When land is to be dedicated, it shall be offered
for dedication in the same manner as prescribed in the City of Dublin Subdivision
Ordinance for park dedication.
8-9.22. Time of Performance. Land required to be dedicated as a condition
of a Tentative Maps shall be conveyed at the time of filing the Final Map. All
other dedication of land or payment of fees shall be made at the time the
building permit is issued.
8-9.23. Trust of Land or Fees. Land and fees shall be held in trust by the
City of Dublin until such time as request for release of land or fees is made by
the subject school district. Release of land or fees shall occur upon determi-
nation by the City Council that the land or fees shall be used for appropriate
interim school facilities and that said facilities would be consistent with the
General Plan.
- 59 -
8-9.24. Fee Distribution. Where two or more separate school districts
operate schools in an attendance area where the City Council concurs that over-
crowding conditions exist for the school districts, the Council will enter into
an agreement with the governing body of each school district for the purpose of
determining the distribution of revenues from the fees levied pursuant to this
division.
8-9.25. Refunds. If any residential development permit covered by this
Article is voided or vacated, and if the applicant so requests, any land or fees
collected for the development in trust by the City of Dublin shall be returned to
the applicant.
8-9.26. School District Accounting. Any school district receiving funds or
land pursuant to this Article shall maintain a separate account for any fees paid
and disposition of land received and shall file a report with the City Council
on the balance in the account at the end of the previous fiscal year and the
facilities leased, purchased, or constructed during the previous fiscal year.
In addition, the report shall specify which attendance areas will continue to be
overcrowded when the fall term begins and where conditions of overcrowding will
no longer exist. Such report shall be filed by August 1, of each year and shall
be filed more frequently at the request of the City Council.
- 60 -
8-9.27. Termination of Dedication Requirements. When it is determined by
the City Council that overcrowding conditions no longer exist in an attendance
area, the City shall cease levying any fee or requiring the dedication of any
land pursuant to this Article for the area. The Council shall schedule and hold
a public hearing on the proposed termination prior to making its determination.
- 61 -
Article 10
Vesting Tentative Map
8-10.1. Authority and Purpose. The regulations outlined in this Article
are determined to be necessary for the preservation of the public health, safety
and general welfare, and for the promotion of orderly growth and development.
8-10.2. Consistency. No land shall be subdivided and developed pursuant
to a Vesting Tentative Map for any purpose which is inconsistent with the General
Plan and any applicable specific plan or not permitted by the zoning Ordinance or
other applicable provisions of the Municipal Code.
8-10.3. Application for a Vesting Tentative Map.
(a) Vesting Tentative Maps shall be allowed only for residential
developments. Whenever a provision of the Subdivision Map Act, as
implemented and supplemented by this Ordinance, requires the filing of
a Tentative Map or Tentative Parcel Map for a residential development,
a Vesting Tentative Map may instead be filed, in accordance with the
provisions hereof.
- 62 -
(b) If a subdivider does not seek the rights conferred by the Vesting
Tentative Map Statute, the filing of a Vesting Tentative Map shall
not be a prerequisite to any approval for any proposed subdivision,
permit for construction, or work preparatory to construction.
8-10.4. Vesting Tentative Map Filing and Processing. A Vesting Tentative
Map shall be filed in the same form and have the same contents, accompanying data
and reports and shall be processed in the same manner as set forth in this
Ordinance for a Tentative Map except as hereinafter provided:
(a) Prior to the time a Vesting Tentative Map is filed, a subdivider shall
have obtained from the City of Dublin all applicable permits for
prezoning, rezoning, Planned Development rezoning, site development
review, variance, conditional use permit, or similar planning and land
use entitlement.
(b) At the time a Vesting Tentative Map is filed it shall have printed
conspicuously on its face the words "Vesting Tentative Map."
(c) At the time a Vesting Tentative Map is filed, a subdivider shall also
supply the following information:
- 63 -
- recent title report
- height, size, and location of buildings
- sewer, water, storm drain and road improvement plans
- information on the uses to which the buildings will be put
- detailed grading plans
- geological studies
- flood control information
- architectural plans
- fiscal impact studies
- plot plans
- foundation plans
- drainage plans
- floor plans
- roof and ceiling framing plans or truss layout plans
- roof truss details and calculations
- exterior elevations
- typical cross sections
- large scale details
- soil reports
- heat loss calculations
- surveys
- structural calculations
- electrical plans and electrical load calculations
- mechanical plans
- plumbing plans and calculations
- elevations to show compliance with regulations pertaining to access
- 64 -
for the handicapped
- all other studies and information required to apply for building
permits
8-10.5. Vesting Tentative Map Fees.
(a) Upon filing a Vesting Tentative Map, the subdivider shall pay the fees
required by the schedule adopted by resolution of the City Council for
the filing and processing of a Vesting Tentative Map.
8-10.6. Expiration. The approval or conditional approval of a Vesting
Tentative Map shall expire at the end of the same time period, and shall be
subject to the same extensions, established by this Ordinance for the expiration
of the approval or conditional approval of a Tentative Map.
8-10.7. Vesting on Approval of Vesting Tentative Map.
(a) The approval or conditional approval of a Vesting Tentative Map shall
confer a vested right to proceed with development in substantial
compliance with the Ordinances, policies, and standards described
in Government Code Sec. 66474.2.
However, if Section 66474.2 of the Government Code is repealed, the
approval or conditional approval of a Vesting Tentative Map shall
confer a vested right to proceed with development in substantial
compliance with the Ordinances, policies, and standards in effect
- 65 -
at the time the Vesting Tentative Map is approved or conditionally
approved.
(b) Notwithstanding subdivision (a), a permit, approval, extension, or
entitlement may be made conditional or denied if any of the following
are determined:
(1) A failure to do so would place the residents of the subdivision
or the immediate community, or both, in a condition dangerous to
their health or safety, or both;
(2) The condition or denial is required, in order to comply with state
or federal law.
(c) The rights referred to herein shall expire if a Final Map is not
approved prior to the expiration of the vesting Tentative Map as
provided in Sec. 8-10.6. If the Final Map is approved, these rights
shall last for the following period of time:
(1) An initial time period of one (1) year (12 months) beyond the
recordation date of the Final Map. Where several Final Maps are
recorded on various phases of a project covered by a single
Vesting Tentative Map, this initial time period shall begin for
each phase when the Final Map for that phase is recorded.
- 66 -
(2) The initial time period set forth in (c)(l) shall be automatically
extended by any time used for processing a complete application
for a grading permit or for design or architectural review if
such processing exceeds thirty (30) days, from the date a complete
application is filed.
(3) A subdivider may apply for a one (1) year extension at any time
before the initial time period set forth in (c)(l) expires. If
the extension is denied by the Planning Commission, the subdivider
may appeal that denial to the City Council within fifteen (15)
days.
(4) If the subdivider submits a complete application for a building
permit during the period of time specified in subdivisions (1) _
(3), the~ights referred to herein shall continue until the
expiration of that permit, or any extension of that permit.
8-10.8. Development Inconsistent with Zoning -- Conditional Approval.
(a) Whenever a subdivider files a Vesting Tentative Map for a subdivison
whose intended development is inconsistent with the Zoning Ordinance
in existence at that time, that inconsistency shall be noted on the
map. The City shall deny such a Vesting Tentative Map or approve it
conditioned on the subdivider, or his or her designee, obtaining the
necessary change in the Zoning Ordinance to eliminate the incon-
sistency. If the change in the Zoning Ordinance is obtained, the
- 67 -
approved, or conditionally approved, Vesting Tentative Map shall,
notwithstanding Sec. 8-10.7 (a), confer the vested right to proceed
with the development in substantial compliance with the change in the
Zoning Ordinance and the map, as approved.
(b) The rights conferred by this section shall be for the time periods set
forth in Sec. 8-10.7 (c).
8-10.9. Applications Inconsistent with Current Policies. Notwithstanding
any provision of this Ordinance, a property owner or his or her designee may seek
approvals or permits for development which depart from the Ordinances, policies,
and standards described in Sections 8-10.7 (a) and 8-10.8, and local agencies may
grant these approvals or issue these permits to the extent that, the departures
are authorized under applicable law.
Section 2. Supersession. This Ordinance shall supersede the provisions of
Alameda County Code Title 8, Chapter 1, as adopted by Dublin Ordinance No. 13, as
well as Ordinance Nos. 19-83, 74-83, 33-85, and 6-90.
Section 3. Effective Date and Posting of Ordinance. This Ordinance shall
take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance
with Section 36933 of the Government Code of the State of California.
- 68 -
PASSED AND ADOPTED by the City Council of the City of Dublin on this th
date of , 1990.
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
- 69 -
Mayor
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ORDINANCE. NO. 13
AN ORDINANCE OF THE CITY OF DUBLIN
PROVIDING FOR INDEFINITE EXTENSION
IN EFFECT OF CERTAIN OF THE
COUNTY OF ALAMEDA ORDINANCES
ADOPTED BY DUBLIN ORDINANCE NO. 1
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
section 1. CERTAIN COUNTY ORDINANCES CONTAINED
IN EFFECT
The following ordinances only of the County of
Alameda, heretofore adopted by Dublin Ordinance No.1,
which was adopted and effective February 1, 1982, shall
be continued in effect for an indefinite period:
Title 1 Chapters 1 and 2
Title 2 Chapters 1, 2 , 4 , 5, 6, 7 , 8, and 9
Ti~le 3 Article 8 of Chapter 6
Title 4 Chapters 1 and 5
Title 5 Chapters 1, 2 , 3, 4 , and 5
Title 6 Chapters 1 and 2
Title 7 Chapters 1, 2, 3, 4, 5 and 6
Title 8 Chapters 1 and 2
Section 2. DEFINITIONS
Any reference in the foregoing County of Alameda
ordinances to the "Board of Supervisors," IIPlanning Commission"
or "Sheriff" shall be deemed to be references to the "Dublin
city Council," "Dublin Planning COlmnission, II and IIDublin
Police Chiefll respectively.
" ;.
Section 3. IMMEDIATE EFFECT
Ordinance No. 1 was enacted pursuant to Government
Code Section 35441 which provides that the County ordinance
shall continue in effect for a period of 120 days only
after incorporation of the City. The City of Dublin has
not completed the review and adoption of a municipal code
in said 120 day period, which ends on June 1, 1982. Unless
this Ordinance becomes effective immediately, the City
of Dublin will be without a sufficient body of local laws
necessary to protect the public peace, health and safety.
This Ordinance is therefore, necessary for the immediate
preservation of the public peace, health and welfare, and
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shall take effect immediately.
@8
PASSED AND ADOPTED by the City Council of the City
of Dublin on this 24th day of May 1982 by the following
votes:
AYES: em. Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder
NOES: None
ABSENT: None
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T ABLE OF CONTENTS
ARTICLE 1- GENERAL PROVISIONS. .
8-1. o.
8-1 . 1.
8-1. 2 .
8-1.3.
8-1. 4 .
8-1. 5 .
8-1. 7.
Title. .. . . .
Purpose and Authority
Intent . . . . . .
General Responsibilities.
Compliance
Definitions
Validity . . .
AR TICLE 2 - TENTATIVE MAPS '. .
8-2.0.
8-2.1.
, 8-2..2.
8-2.3.
8-2.4.
8-2.41.
8-2.42.
8-2.5.
8-2.6.
8-2.7.
8- 2.8.
8-2.9.
Persons Authorized to Prepare.
final Map or Parcel Map Number
Filing . . . . . . . . . . . . .
Form . . . . . . . . . . . . .
..
Data and Material to Accompany Filing
Hearing . . . . . . . .
Public Notice . . . . . . . . . . . . .
Action: Subdivision
Conformance to Alameda County Ordinance
Appeals . . . . . . . .
Time for Action or Report . . . . .
Effective Period ..
ARTICLE 3 - DESIGN.
8-3.0.
8-3.1.
8-3.2.
8-3.3.
8-3.4.
8-3.5.
8-3.6.
8-3.7.
8-3.8.
8-3.9.
8-3.10.
8-3.11.
General Requirements. . . . .
Street Alignment. . .
Street and Alley Grades and Widths . . . .
Blocks . . . . .
Lots
Grading .
Final Grading Plan and Related Documents. . .
Erosion and Siltation Control
, Flood Hazards . . . . . . . .
Dedications .. . . . . . . . . ....
Reservations. . . . . . . . . .
Advisory Agency May l\uthorize Exceptions
ARTICLE 4 - IMPROVEMENTS
8-4.0.
8-4.1.
8-4.2.
8-4.3.
8-4.4.
8-4..5.
8-4.6.
8-4.7.
8-4.8.
8-4.9.
..............
Duty of Subdivider to Improve Streets, Etc
Required Improvements . . . . . . . . . . . .
Same. limitations for Subdivisions into four or less lots
Standards for Improvements. . . . . . . .
Inspection by County Surveyor . . . .
Cost of Inspection . . . . . . . . .
Deposit to Cover Cost of Inspection.
Improvement Security ".' 0" .
Same: Terms of. .. . . .::.
Completion of Improvements '. .
. . . .
PAGE
1
1
1
1
1
2
4
4
5
5
5
5
5
5
5
5
6
6
6
7
7
8
8
8
8
8
9
9
9
9
9
10
10
10
11
II,
11
12
12
12
12
12
13
13
13
PAGE
AR TICLE 5 - SURVEYS AND MONUMENTS.
8-5.0.
8-5.1.
8-5.2.
8-5.3.
8-5.4.
8-5.5.
8-5.6.
8-5.7.
8-5.8.
8-5.9.
8-5.10.
8-5.11.
8-5.12.
8- 5.13.
14
Field Survey. . . . . . . . . . . . .
Discrepancy . . . . .
Complied . . . . . .
Accuracy Required. . . . . . . . .
Remainder ...... . . . . . . .
Ties to Center Lines. . . . . . .
Boundary Monuments, Field Survey
Boundary Monuments, Complied.
Boundary Monuments, Type
Street Monuments . . . . . .
Street Monuments, Type . . . . .
Monuments, Time for Setting. .
Monuments, Inspection and Approval
California Coordinate System . . . . . . .
14
14
14
14
14
14
15
15
15
15
15
15
15
15
. . . .
ARTICLE 6 - FINAL MAp. AND PARCEL MAP . . . .
8-6.0.
8-6.1.
8-6.2.
8-6.3.
8-6.4.
8-6.5.
8-6.6.
8-6.7.
8-6.8.
8-6.9.
8-6.10.
8-6.11.
8- 6. 12.
8-6.13.
8- 6. 14.
8-6.15.
8-6.16.
8-6.17.
8-6.18.
8-6.19.
8-6.20.
8-6.21.
8-6.22.
8-6.23.
8-6.24.
16
Title Block
Title Sheet
Map Sheet
Index Sheet .
Exterior Boundary . . . . .
Lot and Parcel Numbering . . . . . . . .
Lands for Private Use: For Public Use: Designations
Lands for Public Use: Dedication: Offer of
Line of Higher High Water: Designation
Streets: Side Lines: Widths.
Easements: Descriptions. . . . . . . . . .
Dedication . . . . . . . . . . . . . . . .
Street Names: Approval by Advisory Agency: Dedication
Procedure. . . . . . . . . . . . . . . . . . . . . . .
Data and Material to Accompany the Submittal . . . . .
Fees Payable for Processing a Final Map: Evidence of
Payment to County Surveyor .........
Fee Payable for P~ocessing ~ Parcel Map
Transmittal . . . . . .
Filing. . . . . . . .
Disapproval . . . . . .
Amended Map. . . .
Amendment Shown. . .
Certificate of Correction.
Reversion to Acreage . .
Re-Subdivision. . . . . . . . . .
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16
16
16
16
16
16
17
17
17
17
17
17
17
17
18
19
19
19
19
19
19
19
19
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^RTICLE 7 - DEDICATION AND/OR RESERVATION OF LANDS .FOR
PARK AND RECREATION PURPOSES . . . . . . .. 20
\
8-7.0.
8-7. 1.
8-7.2.
8-7.3.
8-7.4.
8-7.5.
R_7.{..
Definitions . . . . . .. 20
Requirement .... . . . . 20
Limitations . . .. 20
Parks Principles and Standards . . . . . .. 21
St.mdards for Dedication . .;-. . . . . . .. 21
Credit for Private Park nnd -RccrNtion Facilities . . .. 22
Amnunt nr FcC' In Licu of Lnnd Dedication . . . 22
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ALAMEDA COUNTY SUBDMSION ORDINANCE
CHAPTER 1 OF TITLE 3
ALAMEDA COUNTY ORDINANCE CODE
INCLUDING AMENDMENTS THROUGH OCTOBER 3, 1931
Article 1
General Provisions
8-1.0. TItle. This ordinance shall be called the "Subdivision Ordinance of Alameda
County."
8-1.1. Pt.-pose and Authority. This ordinance shall regulate subdivision within
the unincorporated area of the County of Alameda pl1rsuant to the Subdivision Map
Act of the State of California. .
8-1.2. irtent. It is the intent of this Chapter to promote the public health, safety,
and general welfare; to assure in the division of land consistency with the policies of
the Alameda County General Plan and with the intent and provisions of the Alameda
County Zoning Ordinance; to coordinate lot design, street patterns, rights-of-way,
utilities and public facilities with community and neighborhood plans; to.' assure that
areas dedicated for public purposes will be properly improved initially so as not to be
a future burden upon the community; to preserve natural resources and prevent environ-
mental damage; to maintain sui'table standards to insure adequate, safe building sites;
and, to prevent hazard to life and property.
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8-1.3. General R~kSibi1ities. In addition to the specific responsibilities set
forth herein, the following agencies and officers, or their duly authorized representatives,
shall have the general responsibilities hereby designated:
)' <(a)
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The Planning Director or his designated representative, is the Advisory Agency
for subdivisions and is responsible for analyzing the design and coordinating .
the processing or proposed subdivisions with County departments and public
agencies and, upon appeal, reporting thereon to the. Board of Supervisors.
The Director of Public Works, in addition to performing his duties as County
Surveyor specified in the Subdivision Map Act, is responsible for reporting
whether the proposed improvements are consistent with the design and
improvement standards specified or referred to in this Chapter, for the
inspection and ultimate approval of all such improvements, and for making
recommendations on the granting of variances under Section 8-3.11.
(c)
The County Health Officer is responsible for establishing requirements for
water supply, sewage disposal, and advising upon other matters affecting
public health.
J
(d) The Building Official is responsible for enforcing the provisions of this Chapter,
except for such matters that are in! the jurisdiction of the County Surveyor.
For such propose, the Building Official shall have the powers of a police
officer.
&-1.4. Compliance.
(a) No real property, or portion thereof, shown on the latest equalized County
assessment roll as a unit or contiguous units and lying wholly or partially
within the unincorporated portion of Alameda County shall be divided into
two or more parcels for the purpose of sale, lease or financing, whether
immediate or future, unless prior thereto a tentative map is acted upon
and a final map or parcel map has been filed in accordance with the pro-
visions of this ordinance, except for the cases of subdivision for which the
advisory agency waives the requirement for filing a parcel map based on
the findings: (1) that the proposed subdivision complies with requirements
as to area, improvement and design; flood and water drainage control, appro-
priate improved public roads, sanitary disposal facilities,'water supply availa-
bility, environmental protection, and other requirements of this chapter;
(2) that waiving the Parcel Map will not be materially detrimental to the
public welfare; and (3) that filing of a parcel map would impose a unusual
hardship to the subdivider.
r'1
(b)
A tentatiYe map is re~uired but no parcel map or final map is required for
the1Ollowing cases of subOIVision:
(1) The subdivision results in parcels that each are of an area of forty
(40) acres or more or are quarter-quarter sections.
/
(2) The subdivision is for the purpose of leasing commercially or industrially
zoned land for a period not exceeding five years. ."
(3) The subdivision is for the purpose of conveying one or more contiguous
recorded parcels which were separate, legal building sites when acquired
by the property owner.
(4-) The subdivision is for the purpose of leasing for a short term (terminable
by either party on not more than 30 days' notice, in writing) of a portion
of the operating right-of-way of a railroad corporation defined as
such by Section 230 of the Public Utilities Code.
(5) The subdivision is for conveyance of land to a public agency or public
utili ty, or to a subsidiary of a public utility for conveyance to such
public utility for rights-of-way, unless a showing is made in individual
cases, upon substantial evidence, that public policy necessitates such
a parcel map.
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No person shall sell or lease or ~c:ontract to sell or lease any subdivision,
or any part thereof, untila ,final rnapor parcel map thereof in full com-
pliance with the provisions of this Ordinance has been filed in the office
of the Recorder of Alameda County, except for the cases listed in (a) above
for which only a tentative map need be acted upon.
(d) Any deed of conveyance, sale or contract to sell made contrary to the
provisions of this ordinance is voidable to the extent allowable and in the
same manner provided for violation of the Subdivison Map Act.
(c)
(e) Any sale, contract to sell, or deed of conveyance made contrary to the
provisions of this ordinance is a misdemeanor and is punishable by a fine
of not less than twenty-five dollars and not more than five hundred dollars,
or imprisonment in the County jail for a period of not more than six months,
or both. .
(f) At such time as the Building Official becomes aware of a land division
in violation of the provisions of this Chapter, he shall record a notice of
intention to record a notice of such violation in the office of the County
Recorder of Alameda County, descr~bing the land so divided, naming the
owners thereof, and describing the violation, and stating that an opportu-
nity will be given to the owner to present evidence. A copy of such notice
will be mailed to the owner. The notice shall specify a time, date, and
place at which the owner may present evidence to the advisory agency
why such notice should not be recorded. If, after the owner has presented
evidence, it is determined that there has been no violation, the Building
Official shall record a release of the notice of intention to record a notice
of violation. If, however, after the owner has presented evidence, the
advisory agency determines that the property has in fact been illegally
divided, or if within 60 days of receipt of such copy the owner fails to
inform the local agency of his objection to recording the'J)9tice of viola-
tion, a notice of violation shall be recorded with the County Recorder.
The notice of intention to record a notice of violation and the notice of
violation, when recorded, shall be deemed to be constructive notice of
the violation to all successors in interest in such property. The County
recorder shall index the names of the fee owners in the general index.
Nothing in this section shall be deemed to require such recording as a
condition precedented to the enforceability of any other provis~on of this
Chapter.
(g) Pursuant to the request of any person .owning real property, or purchasers "
of the property under a contract of sale, the Planning Director, upon the
determination that the property complies with provisions of the Subdivision
Map Act and this Chapter, shall record a Certificate of Compliance. If
the property does not comply, conditions may be applied as would have
been applicable to the subdivision creating the property. Upon applying
such conditions, the Planning Director shall record a conditional Certi-
ficate of Compliance. Such certificate shall serve as notice to the property
owner or vendee who has applied for the certificate pursuant to this sec-
tion, a grantee of the property owner, or any subsequent transferee or
assignee of the property that the fulfillment and implementation of such
conditions shall be required prior to subsequent issuance of a permit or
other grant of approval for development of the property. Compliance with
such conditions are not required until such time as a permit or other grant
of approval for development of such property is issued by the local agency~
3
(h)
Neither the approval nor conditional approval of any tentative map shall
constitute or waive compliance with any other applicable provision of the
Alameda County Ordinance Code, nor shall any such approval authorize
or be deemed to authorize a violation or failure to comply with other appli-
cable provisions of said Code.
8-1.'. Definitions
(a) All words and terms used in the Chapter shall have the same meaning as
defined and used in the Subdivision Map Act.
(b) "Subdivision" means the division of any improved or unimproved land, shown
on the latest equalized county assessment roll as a unit or an contiguous
units, for the purpose of sale, lease or financing, whether immediate or
future except for leases of agricultural land for agricultural purposes.
Property shall be considered as contiguous units, even if it is separated by
roads, streets, utility easement or railroad rights-of-way. IISubdivision"
includes a condominium project, as defined in Section 1350 of the Civil Code
or a community apartment project, as defined in Section 11004 of the Busi-
ness and Professions Code. Any conveyance of land to a governmental
agency, public entity or public utility shall not be considered a division of
land for purposes of computing the 'number of parcels. As used in this sec-
tion, "agricultural purposes" means the cultivation of food or fiber or the
grazing or pasturing of Ii vestock. "Subdivision" does not include:
(1) The financing or leasing of apartments, offices, stores or similar space
within apartment buildings, industrial buildings, commercial buildings,
mobile home parks or trailer parks; ~ ,
(2) Mineral, oil, or gas leases;
/
(3)
Land dedicated for cemetery purposes under the Health and Safety
Code of the State of California;
(4)
Adjustment of a boundary line between owners of adjoining parcels,
which does not result in additional building sites or parcels, provlded
said division receives Zoning Approval in accordance with section
8-90.0et. seq. .
(5)
Boundary line or exchange agreements to which the State Lands Com-
mission or a local agency holding a trust grant of tide and submerged
lands is a party.
(c) "Subdivider" means a person, firm, corporation, partnership, or association,
who proposes to divide, divides or causes to be divided real property into
a subdivision for himself or for others except that employees and consultants
of such persons or entities, acting in such capacity, are not "subdi viders."
(d) IIMap" means either Parcel Map or Final Map.
8-1.7. Validity. If any section, subsection, sentence, clause or phrase or this
Ordinanve is for any reason held to be invalid or unconstitutional by the decision of
any Court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The Board of Supervisors of the County of Ala-
meda, State of California, hereby declares that it would have passed this Ordinance
and each section, subsection, sentence, clause and phrase thereof, irrespective of the
fact that anyone or more section, subsections, clauses or phrases be declared invalid
or unconstitutional.
4
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~2.'. Actlom Sd>dlvbl00. The advisory agency~hall approve, conOltlOna"llY--' --,---
approve, or disapprove tentative maps of subdivisions normally within 90 days after
filing. Conditions of approval may include, but are not limited to dedication and improve-
ment of streets, alleys including access rights and abutter's rights, drainage, public
utility easements and other public easement3.
&-2.6. Confonna.nce to Ma.me& Coulty Ordi.na.na:. No tentative map shall be
approved which is not in conformance with the provisions of this Chapter, the Alameda
County Zoning Ordinance and any other ordinance of Alameda County.
&-2.7. Appeals.
(a) The Board of Supervisors shall be the Appeal Beard.
(b) As used herein, the term "interested per'~on' adversely affected" means any
County department 0(' agency or, any person claiming that the decision is
likely to result in personal economicl~ssdor,damage to his property. '
(c) Within fifteen (1.5) days after action, the subdivider may appeal from any
action of the Planning Director to the Board of Supervisors. Appeals to
the Board of Supervisors shall be submitted in writing to the Clerk of the
Board. Said appeals shall reference the tentative map number and shall
state fully the nature and extent of the appeal and the reasons why it is '
taken. Such appeal and the hear ing thereon shall be conducted in the manner
provided by Government Code, Section 66452.5(a) and (b) and subsection
(f) of this section. . ~F-l ~ "
(d) Any interested person adversely affected by a decision of the Advisory
Agency may file a complaint on a form to be provided by the County Planning
Department with the Clerk of the Board of Supervisors concerning such
decision. Any such complaint shall be filed with the Clerk within fifteen
(15) days after the action which is the subject of the complaint. The Board
of Supervisors may, in its discretion, reject the complaint w~thin fifteen
(15) days or set the matter for public hearing. If the Beard 'rejects the
complaint, the complainant shall be notified of suchaction'hy the Clerk
of the Board of Supervisors'L~ _. 6D /' - '.L,. r,
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(e) Any ~flterest~~ pers?~ may appeal any decision of t~e ~visory ~gency ~!:"~:,*S. ,
relative to t e provisions of Government ,Code Sections 66473.5, 66414;' ~ OJ.'~
. ~. 66474.1 and 6474.6 to the Board of Supervisors. Such appeal and the hearing
<;\..~b,)~~ thereon shall be conducted in the manner provided by Government Code
~~. \~ ~ 'IJ7 Section 664)~.~~a) and (b), and the subsection (f) of this section.
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~ (f) Whenev.er a public hearing is held purs.uant lO this sect~on, it shall.be conducted
as required by Government Code Section 66451.3. Notlce"of the time and
place thereof, and a general description of the location of the proposed
subdivision shall be given at least ten (10) days before the hearing by publication
once in a newspaper of general circulation and published and circulated
in'the County of Alameda. - Any interested person may appear at such hearing
a'nd shall be heard.
6
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Article 2
Tentative Maps
8-2.0. Persons Authocized to Prepare. All tentative maps of subdivisions of five
or more lots shall be prepared by a registered Civil Engineer or licensed Land Surveyor.
All other tentative maps may be prepared by any person.
8-2.1. Fmal Map or Parcel Map Number. The Final Map or parcel map number
shall be assigned by and obtained from the County Recorder.
8-2.2. Filing. The time of filing shall be the time at which the prescribed number
of copies of the tentative map in the form required and the filing fee are received by
the Planning Director.
8-2.3. Form. The form of the tentative map and the number of copies required
for filing shall be as prescribed by the Planning Director. The Planning Director may
authorize deletion or reduction of map requirements on the determination that the
map contains sufficient information to be evaluated adequately and preparing it in the
prescribed form would impose an unusual hardship upon the land divider.
8-2.4. Data and Material to Accompany Filing. For any subdivision into five or
more lots and, when required by the advisory agency, for any other subdivision, the
tentative map shall include:
(a) A preliminary grading plan prepared by a Civil Engineer registered by the
State of California.
(b) A conceptual plan for soil erosion and sediment control for both construction
and postconstruction periods prepared by the Civil Engineer ,~:or, with respect
to the soil erosion control provisions, by a Landscape Architect registered
by the State of California.
(c) A soils-geologic investigation report.
Said data and material shall be consistent with requirements and specifications of the
Alameda County Grading Ordinance. Additional reports and data may be required by
the Planning Director when deemed necessary due to scale of the proposed subdivision
or presence of potential hazardous or environmentally sensitive conditions.
8-2.41. Hearing. The Advisory Agency shall conduct a noticed public hearing
on all subdivisions. Hearing procedures shall be established by the Advisory Agency.
8-2.42. Pd>lic Notice. The Advisory Agency shall give a public notice of the
time and place of hearing on a subdivision by posting notices not less than ten (10) days
prior to the initial hearing on the matter. The notice shall include a brief description
of the location and design of the subdivision. Notices shall be placed not more than
500 feet apart along each street abutting the proposed subdivision extending at least
300 feet beyond the subdivision. In event of an appeal, this form of public notice shall
be given in addition to that required under Section 8-2.7.
5
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8-2.8. Tune for Action or Report. Any of the time limits for action or report
may be extended by mutual consent of the subdivider and the advisory agency. Failure
of the advisory agency or appeal board to act within the time limits specified herein .
or in the Subdivision Map Act shall be remedied as specified in the Subdivision Map
Act for inaction on tentative maps of subdivisions. In the event an Environmental;
Impact Report is required to be considered prior tO,action on the map, time limits for
action shall be suspended during the time necessary for preparation of the Environmental
Impact Report. . .
8-2.9. Effective Period. The approval of a tentative map shall be effective for:
two and one haif years; or for such shorter period as may be specified by the advisory
agency in approving the tentative map. Upon application of the subdivider during the
effective period, an extension of the effective period not exceeding two years may
be granted by the Planning Director, who is designated the advisory agency for this
purpose, upon the determination that circumstanc~s .lJr:tder.which the map was approved,
have not changed to the e~tent which would warrant a change in the design or improve-
ment of the tentative map.' The Planning Directorshall take action on applications
for time extension within ten working days after receipt.
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Article :3
Design
8-3.0. General Reqrlrements. In addition to meeting the specific requirements
of the article, the design of the subdivision shall, to the satisfaction of the advisory
agency, conform to the land use and circulation policies of the Alameda County General
Plan and its component elements and any other officially adopted specific plan or land
development poliCY' and shall conform to the Alameda County Zoning Ordinance, offi-
cially adopted standards for streets and roads, grading, erosion and siltation control,
seismic safety, and design standards adopted by the utility, fire protection, sanitary
and flood control districts in which the land division is located. The size and alignment
of streets and walks and the location and configuration of sites for lots, schools, parks,
and similar facilities shall be coordinated with the anticipated requirements of.the
future population, the physical characteristics of the land, and the environmental require-
ments of the surrounding community to produce an optimum human habitat.
8-3.1. Street Alignment. The center lines of all streets and highways which are
to be extended shall be the continuation of the center lines of existing streets and
highways in adjacent and contiguous territory. In cases in which the straight continua-
tions are not desirable, the center lines may be continued by curves tangent at the
intersection with the boundaries of the proposed subdivision to the center lines of existing
streets or highways.
8-3.2. Street and Alley Grades and Widths.
(a) Grades of all streets and alleys shall be established so that the subdivision
is properly drained and shall conform as nearly as possible to the natural
topography of the property. .
(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. .
(d) Minimum right-of-way widths of streets which are to be accepted into the
County Road System shall be forty (ItO) feet. Easements for construction
and maintenance of slopes in excavation or embankments outside the limits
of street dedication may be required where topographical conditions make
easements desirable.
8-3.3. B1odcs.
(a) Blocks shall not exceed one thousand three hundred and fifty (l,350) feet
in length unless the previous adjacent layout or topographical conditions
or the special design of the particular subdivision justify a variation from
this requirement. Long blocks shall be provided adjacent to main thorough-
fares, in order to reduce the number of intersections.
8
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(b) At street intersections the block corners shall be rounded at the property
line by a curve to provide at least one hundred (l00) feet sight distance
diagonally between two (2) vehicles approaching the corner on intersecting
street center lines; the radius of the curve shall be not less than twenty
(20) feet.
8-3.4. Lots.
'I
(a) Lots shall be designed to meet or exceed the minimum standard for area,
median lot width, and effective lot frontage specified for the Alameda County
Zoning Ordinance for the zoning district in which the subdivision is located.
(b) Lots, and the grading thereof, shall be of a site and shape to accommodate
the uses that reasonably could be expected to occur under existing zoning
with consideration given to the limitations of topography and soil conditions,
and the need for providing access, privacy and preserving natural features
of significance.
8-3.5. Grading. Subdivision grading shall conform with the intent, general requirements
and lot design requirements of this chapter and shall be consistent with recommendations
contained in the soils-:geologic investigation report, and shall specificially conform
with all design standards and criteria contained in Alameda County Grading Ordinance,
Chapter 9, Title 7 of the Ordinance Code of Alameda County. All such design standards
and criteria are incorporated herein by reference.
8-3.6. F'mal Grading Plan and Related Documents. Upon completion of rough
grading work and prior to the approval of the foundation for any proposed building or
structure, all applicable items referred to in Section 2905(d), Chapter 29, Alameda
County Building Code shall be provided to the Building Official for approval as setforth
in said section of the Building Code.
8-3.7. Erosion and Siltation ControL
(a) Slopes. The faces of cut and fill slopes shall be prepared and maintained
to control against erosion.
(b) Debris Basins. Debris basins shall be installed whenever and wherever necessary
to protect the subdivision and the properties below the subdivision from
erosion and siltation.
(c) Temporary Debris Basins. Temporary debris basins shall be installed prior
to commencing grading operation and shall be maintained until the erosion
and siltation control measures have been installed and are fully effective.
(d) Erosion and siltation control measures shall be consistent with the recommendations
contained in the preliminary soils investigation report and the report evaluating
the geological conditions present.
8-3.8. Flood Hazards. Where a subdivision is proposed which lies partially or
totally within an area designated on a map prepared by a governmental agency as having
a special flood hazard the subdivider shall make provisions to minimize damage to structures
and improvements, including those of public utilities. The subdivider shall provide adequate
drainage to reduce exposure to such hazards and shall design water supply and sanitary
sewage systems to minimize infiltration of flood waters into the systems and discharges
of sewage and other contaminants into flood waters.
9
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8-3.9. De<ficatior\S. The advisory agency may require rjedications or offers of
dedication for any purpose specified in Article 3 of Chapter 4 of the Subdivision Map
. Act subject to the procedures and qualifications specified therein.
8-3.10. Reservations. The advisory agency may require that are-as within the
subdivision be reserved for parks, recreational facilities, fire stations, libraries, or other
public uses based on an adopted general plan or specific plan subject to the procedures
and qualifications of Chapter 4 of Article 4 of the Subdivision Map Act.
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8-3.11. Advisocy Ageoc:y May Authorize Exceptions. The advisory agency may,
in the exercise of reasonable judgement, grant variances to the requirements of this
Chapter for water and sewage disposal system improvements, for stre.et alignment,
grades, widths, lengths, block design, median lot width, and effective Jot frontage, and
to all subjects referred to in Sections 8-3.5 and 8-3.7 as is determined warranted by
topographic limitations or soil or geological conditions, the opportunity for more effective
and desirable land utilization, or the showing that under the particular circumstances
an alternate standard would meet or surpass the intent of the given requirement.
10
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Article 4
Improvements
8-4.0. Duty of Subdivider to Improve Streets, Etc. The subdivider may be required
to improve all streets, highways, public ways and easements which are a part of the
subdi vision.
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8-4.1. Required Improvements. The required improvements shall include:
(a) Grading and surfacing of streets, highways and public ways, and the drainage
thereof.
(b) The grading of the lots and the drainage thereof as may be required by the
design of the approved tentative map.
(c) The construction and installation of debris basins and the installation of
erosion and siltation control measures as may be necessary to control erosion
and siltation.
(d) For any subdivision requiring a Final Map, domestic water supplied by a
public utility subject to regulation by the Public Utilities Commission of
the State of California or by a public agency authorized to levy taxes for
such purposes which has consented in writing to provide such water. For
all other subdivisions, a water supply of the extent required above for a
subdivision, or to any lesser extent as may be determined by the Health
Officer as sufficient to protect the public health, considering the uses and
intensity of development permitted in the area of the land division.
(e) For all subdivisions having lots less than 40,000 square feet, a sanitary sewer
system and sewage disposal works serving each lot administered by a public
agency authorized to levy taxes for such purposes, which agency has con-
sented in writing to provide such service. For any other subdivision a sewage
disposal system of such extent as may be determined by the Health Officer
as sufficient to protect the public health, considering the uses and intensity
of development permitted in the area of the land division.
(f) Construction of such structures as may be necessary for public safety, including
but not limited to local neighborhood drainage, traffic safety signs and devices,
and street lighting.
(g) In case of a subdivision included in a fire district the subdivider shall install
water mains, fire hydrants, gated connections and appurtenances to provide
water supply for fire protection in conformance with standards, if any, established
by the fire district, or where a land division is not included in a fire district,
the subdivider shall make such installations in conformity with the latest
standards established by the Insurance Services Office.
11
8-4.2. Same- Limitations foe Subdivisions into Four oe Less Lots. Improvements
which may be required by the Advisory Agency for subdivisions into four or less lots
are limited to the dedication of rights-of-way, easements, and the construction of ..
reasonable offsiteand onsite improvements for the parcels being created. Requirements
for the construction of such off site and onsite improvements shall be noticed by certi-
ficate on the parcel map, on the instrument evidencing the waiver of such parcel m.ap,
or by separate instrument and shall be recorded on, concurrently with, or prior to the
parcel map or instrument of waiver of a parcel map being filed for record. .
Fulfillment of such construction requirements shall not be required until such time
as a permit or other grant of approval for development of the parcel is issued by any
agency of Alameda County, or until such time as the construction of such improvements
is required pursuant to an agreement between the subdivider and the local agency,
except that in the absence of such an agreement, a local agency may require fulfillment
of such construction requirements within a reasonable time following approval of the
parcel map and prior to the issuance of a permit or other grant of approval for the
development of a parcel upon a finding by the local agency that fulfillment of the con-
struction requirements is necessary. for reasons of:
"
(1) The public health and safety; or
(2) The required construction is a necessary prerequisite to the orderly development
of the surrounding area.
8-4.3. Standards for Improvements. Except as provided in sub-Section 8-4.1 {g}
of this article, all improvements shall be constructed in accordance with standard en-
gineering practice and in accordance with plans and specifications approved by the
Board of Supervisors.
.'
8-4.4. lIopection by Courty SUlrveyor. The County Surveyor shall have the right
to enter upon the site of the work for the purpose of inspecting the same and shall be
furnished with samples of materials as he may require for the making of tests to determine
the acceptability of the materials.
8-4.5. Cost of InspectiorL The subdivider shall pay to the County the actual cost
for the inspection of the work and checking materials.
8-4.6. Deposit to Cover Cost of h~on. Under deposit: Over deposit: When
the final map or parcel map is presented to the Board of Supervisors, the subdivider
shall give evidence that he has deposited with the County Treasurer a sum in the amount
estimated by the County Surveyor as being sufficient to cover the costs of inspection
and tests. If the amount so deposited exceeds the actual cost to the County, the sub-
divider shall be reimbursed for the balance remaining. If the actual cost exceeds the
deposi ted amount, the County shall stop all construction until the land divider presents
a receipt for a deposit with the County Treasurer of an additional sum as estimated'
by the County Surveyor.
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8-4.7. Improvement Secur"ity. In the event an agreement for the improvement
of streets or easements, or for the performance of any other act, is entered into between
the county and the subdivider, the contract may be secured by anyone of the methods
provided in Chapter ~ of the Subdivision Map Act.
L~ se-cC.VV\~
8-4.8. Same: i~ oL The contract mu~ also specify the time within which
the work must be completed and must also specify that should the work not be satis-
factorily completed within the time limit, the County shall complete all specified im-
provements and be completely reimbursed therefore by the owners or owner of the
land division. The contract may provide for the improvements to be installed in units,
for extension of time under specified conditions or for the termination of the contract
upon a reversion of the division of land or a part thereof to acreage.
'"
8-4.9. Completion of Improvements. As:..built Drawings and Declaration. Upon
completion of improvements, the subdivider shall provide as-built drawings in the form
required by the County Surveyor prepared by a Civil Engineer registered by the State
of California showing the subdivision as it has been completed. For all areas of the
subdivision, except those areas within County Roads rights-of-way and other public
lands or easements to be accepted by ,the County, the Civil Engineer shall provide in
. the form required by the County Surveyor a declaration that all construction and im- .
provement works have been completed in acco'rdance with the approved plans and speci-
fications and this Ordinance.
13
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Article'
Surveys and Monuments
8-'.0. Field s.rvey. A final map or a parcel map based upon a field survey shall
be made in conformity with the Land Surveyor's Act.
8-'.1. DiscrepanCY. Whenever the field survey indicates a discrepancy from
previously recorded data, the record dimensions shall be shown in parentheses and
in the same basis of, bearings along with the field dimension. When the discrepancy
is major and causes a conflict to title, the subdivider shall take appropriate action
to clear said title prior to the filing of the map.
8-'.2. Complied. A parce,l map may be compiled from a recorded or filed map
if all the following conditions are existing.
(a) A map filed in the Office 'of the County Recorder after January I, 1968,
or within seven (7) years of the date of approval of the tentative map or
subject to prior approval of the County Surveyor.
(b) All of the exterior boundary lines are indicated by field bearings and dis-
tance on said map.
(c) Sufficient survey information exists on said map to locate and retrace
the exter ior boundary lines.
(d) A t least one of these boundary lines can be established from an existing
monumented line which is shown on said map.
8-5.3. Ac:r:::uracy Re<1Jired An accurate and complete boundary closure shall
be made of the land to be divided. A traverse of the exterior boundaries of the tract
or parcel and of each block and lot or parcel when computed, must close within a limit
of error of 0.015 of a foot in latitude and/or departure. Street monumentation will
be field checked to an accuracy of 0.01 of a foot per 100 feet and angle measurement
to 20" of angle and not to exceed 0.05 of a foot point position.
8-5.4. Remainder". If the remainder of the original parcel shown on the parcel
map has a gross area of five acres or more, said remainder may, be a field surveyor
may be indicated by deed bearings and distance shown in brackets; the bearings shall
be on the same basis of bearings as the survey and the distances shall be in feet and
designated as being a "Non-surveyed Remainder."
8-5.5. TieS to Center Lines. Whenever the County Surveyor or a city engineer
has established the center line of a street or alley, ties shall be made to that center
line and any monument or reference point thereon.
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8-'.6. 80uldary ~ FIeld Smvey. Monuments shall be set, or witness
thereto, at all major angle points, and shall be sufficient in number together with
existing monuments of record for the perpetuation or facile re-establishment of any
point or line of the exterior boundary.
8-'.7. 80uldary Mcn.JfI'leOts, Complied. When the exterior boundary of a parcel
map is compiled from a filed map, the point of intersection of a new division line with
the exterior boundary line shall be monumented or witness thereto.
8-.5.8. 80uldary Monuments, Type. Monuments set shall be durable in nature,
such as an iron pipe, and efficiently placed so as not to be readily disturbed.
8-.5.9. Street MQO.JITleflts. The Engineer or Surveyor shall set permanent interior
monuments in the street areas, located so as to define the street lines bounding each
block. Due consideration shall be given to visibility of monuments, one from another,
for the purposes intended.
8-.5.10. Street M~ts, Type. Permanent monuments shall conform to the
approved standards of the County of Alameda ,for Concrete Monument for use on
subdivision project. .
8-.5.11. Mcrunents, Tune for Setting.
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(a) Exterior boundary monuments shall be set before approval of the final
map or parcel map.
(b) Interior monuments may be set after approval of the final map or parcel
map provided that they be set not later than the time of completion of
improvements and adequate improvement security is filed with the County
prior to County Surveyor approval and certification of the map.
8-.5.12. Maunents, Inspection and Approval, All monuments shall be subject
to inspection and approval by the County Surveyor.
8-.5.13. California Coordinate System. Whenever the County Surveyor has an
approved system of California Coordinate monuments the survey shall be tied into
the approved monuments.
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Article 6
Final Map and Parcel Map
(
8-6.0. Title 8loc:k. Each sheet of the map shall contain a title, consisting of
the tract number or parcel map number, but no commercial name or title shall appear
on the map as a designation. Below the number shall appear "Township, Alameda
County, California." Next the name of the Surveyor or Firm, County and State, the
scale and date. .If partly within an incorporated city, the name of the city shall also
appear. If the subdivision is a condominium project, the statement "A Condominium
Project" or "For Condominium Purposes" shall appear beneath the tract number.
8-6.1. TItle Sheet. The title sheet shall show the Title Block, Owner's Certificate,
Acknowledgements, Surveyors' Certificate, County Surveyor's Certificate, County
Recorder's Certificate. A Subdivision of, being the name, and legal designation of
the tract in which the survey is located and any other statements or notes that are
required.
,
8-6.2. Map Sheet. The scale of the map:shall be one (1) inch equals forty (40)
feet or less, unless otherwise approved by the County Surveyor. Every sheet comprising
the map shall show the Title Block, north arrow, legend, basis of bearings, sheet number
and number of sheets comprising the map.
8-6.3. Index Sheet. If there are more than three map sheets, there shall be an
index sheet preceding the map sheets.
8-6.4. Exterior Bouldary. The exterior boundary of the land included within
the subdivision shall be indicated by the following symbol: a long line (minimum 1/2
inch in length) followed by three (3) short lines (maximum 1/8 inch each in length),
the width of said line segments shall be such that they are distinctive.
8-6.5. Lot and Parcel N\Inber"ing. Lots or parcels shall be numbered in numerical
order starting from numeral" 1". Circles, squares, or other geometrical figures shall
not be drawn around the letter or numbers. If possible, each block shall be shown
entirely on one sheet; each lot or parcel must be shown entirely on one sheet.
8-6.6. Lands for Private Use: for Public Use: Designations. The map shall
particularly define, delineate and designate all lots or parcels intended for sale or
reserved for private purposes, all parcels offered for dedication for any purpose, public
or private, and any private streets, with all dimensions, boundaries and courses clearly
shown and ,defined in every case. Dimensions of lots or parcels shall be given as the
net dimensions only to the boundaries of adjoining streets that will be accepted for
dedication or where the street is held in fee by the County of Alameda. No ditto marks
shall be used. Parcels offered for dedication but not accepted shall be designated
by letter, and private streets offered but not accepted for dedication shall have inserted
the words, "Private Street."
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ARTICLE 8 - UNDERGROUND UTILITIES. . . . . . . .
8-8.0.
8-8. 1.
8-8.2.
8-8.4.
8-8.5.
.....
Intent . . . . . . . . . . . . . . . . .
. . .,* .
Utility Distribution Facilities to be Placed Underground .
Duty of Subdivider . . . . . .
Request for Variance . . . . . . . . .
Action by the Advisory Agency . .
ARTICLE 9 - SCHOOL FACILITIES DEDICATION
8-9.0.
8-9.1.
8-9.2.
8-9.3.
8-9.4.
8-9.5.
8-9.6.
8-9.7.
8-9.8.
8-9.9.
8-9.10.
8-9.11.
8- 9. 12.
8-9.13.
8-9.14.
8-9.15.
8-9.16.
8-9.17.
8-9.18.
8-9.19.
8-9.20.
8-9.2l.
8-9.22.
8-9.23.
8-9.24.
8-9.25.
8-9.26.
8-9.27~
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Title and Purpose. . .
Authority and Conflict
General Plan .
Regulations .......
Chapter 4-7 . . . . . . . . . . . . . .
Conditions of Overcrowding . . . . . . . .
Dwelling Unit. . . . . . . . . . . . .
Reasonable Methods for Mitigating Conditions of
Overcrowding . . . . . . . .
Residential Development ....
Findings and Notice. . . . . . . .
Notice Requirements . . . . . . . . .
County Concurrence . . . . . . . . .
Findings for Development Approval. . . . .
School District Schedule. . . . .
Developer's Responsibility .
Land Dedication Limits
Exemptions. . . . . . . . . . . .
Prior Agreements. .
General Standard . .
Fees ......
Land. . . . . .
Land Dedication
Time of Performance
Trust of Land or Fees
Fee Distribution . . . . . .
Refunds . . . . . . . . . ·
School District Accounting. .
Termination of Dedication Requirements
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PAGE
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8-6.7. Lands for PtJ>llc Use: Dedication: Offer oL 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 for the exclusive use
of the lot owners in the subdivision, their licenses, visitors, tenants, and servants.
8-6.8. Line of Higbef' High Water: Designation. The map shall show the line
of higher high water in case the subdivision is adjacent to tidewater.
8-6.9. Streets: Side lines: Widths. The map shall show the monument lines
and side lines of all streets, the total width of all streets, the width of the portion
being dedicated and the width of existing dedication, and the widths each side of the
monument line, also the width of railroad rights of way appearing on the map.
8-6.10. Easements: Descriptions. The map shall show the side lines of all ease-
ments to which the lots are subject. Easements must be clearly labelled and identified,
and if already of record, the recorded reference given. If any easement of record
is not definitely located, a statement.()~ the easement must appear on the title sheet.
The width of the easement and the lengths and bearings of the lines thereof and suffi-
cient ties thereto to definitely locate the easement with respect to the subdivision
must be shown. If the easement is being dedicated by the map, it shall be properly
. set out in the owner's certificate of dedication.
8-6.11. Dedication. If dedication or offers of dedication are required, they may
be made either by certification on the map or by separate instrument. If dedications
or offers of dedication are made by separate instrument, such dedication or offers
of dedication shall be recorded concurrently with, or prior to, the map being filed
for record.
8-6.12. Street Names: Approval by Advis6ry Agency: Designations. In order
to avoid duplication, names to be used on new streets shall be subject to the approval
of the Advisory Agency. If any designation be number, they shall be spelled out com-
pletely, using hyphens in such forms as "Twenty-Third Street." The words: "A venue,"
"Boulevard," "Place," etc., shall be spelled out in full.
8-6.13. Procedlre. Upon approval of the tentative map, prints of the final map
of parcel map shall be submitted to the County Surveyor for his examination for con-
formance to the approved tentative map, local ordinance; the Subdivision Map Act,
and the Land Surveyor's Act.
8-6.14. Data and Material 10 Accompany the Submittal ..The following data..
and material shall be provided by the Subdivider or his agent: . -.. ..-
(a) A traverse sheet or sheets in a form approved by the County Surveyor
giving latitudes and departures and coordinates of the boundary of the
subdivision, blocks, lots, or parcel and mOlJument.li~~s _~h~:ein.
(b) . A minimum of three sets of prints of the lTl~p.
(c) Submit a copy of the record owner deed and/or those deeds used in the
survey, i.e., senior, adjoiners and easements.
17
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(d)
(e)
Submit a current Title' report, and deeds of trust.
(f)
Plans, cross sections, profiles and speCifications of the street improve-
ments, grading, drainage facilities, and erosion and siltation control measures
or structures and such drawings and specifications as the County Surveyor
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 County Surveyor.
Plans and drawings shall be in the form specified by the County Surveyor
and shall be certified by a Registered Civil Engineer.
A statement of the water supply installed or available for the subdivision,
including informa~i~nas to the source and adequacy of the supply.
A statement of the sewerage works and sewage disposal installed, proposed
or available for the subdivision, together 'with a statement from the County
Health Officer that the proposed system will comply with all Health Depart-
ment niles and regulations and state laws and operate without creating
a public or private nuisance, or a statement shall be required where the
subdivision is to be sewered by connection to an existing public sanitary
sewer system. '
(g)
(h)
The tracing of the map shall contain original signatures and shall be submitted
for certification when notified by the County Surveyor; in addition to the
tracing of the map there shall be submitted three sets of prints of the map
and one set of blue line cloth prints of the map.
8-6.1'. Fees Payable for Pr~ing a Fmal Map: Evidence of Payment to Coulty
SurYeyct'. The subdivider shall pay to the County for the purpose of checking, investi-
gating, surveying, and other matters required by law and these regulations, the sum
of one hundred dollars ($100.00) as a fee for filing a Final Map and in addition shall
pay to the County the actual cost of the checking of the map, plans and specifications,
and investigations incidental thereto.
When prints of the map and accompanying data and material are presented to the
County Surveyor for examination, the subdivider shall give evidence to the County
Surveyor that h'e has deposited with the County Treasurer the sum of one hundred_
dollars ($100.00) and an additional amount computed on the basis of three dollars
($3.00) for each lot or parcel shown on the mal? or two hundred dollars ($200.00), which-
ever is greater. The amount of three dollars (~3.00) per lot or parcel or two hundred
dollars ($200.00), whichever is greater, is intended as an estimate of the cost of checking.
At such time as the number of street monuments have been approved by the County
Surveyor, the subdividershall deposit with the County Treasurer a minimum amount
of fifty-five dollars ($55.00) per street monument, the total amount to pay the County
for the purpose of field checking the street monuments. If the amount so deposited
exceeds the actual cost to the County, the subdivider shall be reimbursed for the
balance remaining. If the actual <:ost exceeds the deposited amount, the County Surveyor
shall withhold certification of the map until the subdivider presents a receipt for the
deposit of the excess amount.,
18
8-6.16. Fee Payable for Processing a Parcel Map. The subdivider shall pay to
the county for the purpose of checking, investigating, surveying and other matters
required by law and these regulations for processing a Parcel Map the fee fixed by
,_ /". the schedule adopted for that purpose by the Board of Su~rvisors and in effect at
I ,~ the time the Parcel Map is submitted for checking. Said payment shall be submitted'
to the County Surveyor at the time the Parcel Map is submitted for checking.
8-6.17. TransmittaL After the County Surveyor's approval and certification
of the map, it shall be transmitted to the Clerk of the County Board of Supervisors
for u1 timate transmittal to the County Recorder.
8-6.18. F~ A map may be filed with the County Recorder during the effective
period of the tentative map pursuant to Section 8-2.11 and submitted to the Clerk
of the County Board of Supervisors for ultimate transmittal to the County Recorder.
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8-6.19. Disapproval. The Board of Supervisors shall disapprove a map for failure
to meet or perform any of the requirements or conditions imposed by the Subdivision
\iap Act, this ordinance,' or the valid approved tentative map for the subdivision;
provided that a final map shall be disapproved only for failure to meet or perform
requirements or conditions which were applica,ble to the subdivision at the time of
approval of the tentative map; and provided further that such disapproval shall be
accompanied by a finding identifying the requirements or conditions which have not
been met or performed. A final map shall not be disapproved when the failure of the
map is the result of a technical and inadvertent error which does not materially affect
the validy of the maps as may be determined by the Board of Supervisors.
8-6.20. Amended Map. A map may be amended in conformance with the provisions
of the Subdivision Map Act and local ordinances and shall be entitled "Amended Map
of ."
8-6.21. Amendment Shown. All corrections or omissions shall be boxed and the
errors removed from the map with a certified statement by the Surveyor stating, in
general, the correction or omission being made in addition to the recording information
of the original map.
8-6.22. Certificate of Correction. May be used to: (1) correct an error in the
description of real property, (2) a course error that is outside of the exterIor boundary
of the map. The certificate of corrections shall be upon a form approved by the County
Surveyor.
8-6.23. Reversion to Acreage.. A map may be reverted to acreage in pursuant
to all the provisions of the Subdivision Map Act and shall be entitled "Reversion to
acreage of ."
8-6.24. Re-SUxfivision. Subdivided lands may be merged and re-subdivlded
without reverting to acreage by complying with all applicable provisions of the Subdivision
Map Act.
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19 .
Article 7
Dedication and/or Reservation of Lands
for Park and Recreational Purposes
8-7.0. Definitjons. The following definitions used in this Article shall apply
thereto unless the context clearly indicates otherwise:
(a)
;; ~b)
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(c)
(d)
"Board" means the Board of Supervisors of the County of Alameda, State
of California.
"Local Agency'" means the Valley Community Services District, the Hayward
Area Recreation and Park District, and the Livermore Area Recreation
and Park District, whichever may be appropriate in the context of a given
subdivision. .
. _. . i
"Neighborhood" means the area served by a single elementary school.
"Community" means the area served by a single high school.
8-7.1. Requirement. Each subdivider of land classified by the Alameda County
Zoning Ordinance for residential use shall as a condition to the approval of a final
subdivision map dedicate or reserve lands, pay fees in lieu thereof, or a combination
.:.of both, for park and/or recreational purposes. Land or fees required under this Article
shall be conveyed or paid directly to the appropriate local agency upon approval of
the final map.
8-7.2. IJrnitations.
(a) The land, fees, or combination thereof are to be used only for the purpose
of providing park or recreational facilities which serve future residents
of such subdivision.
(b) Only the payment of fees may be required in subdivisions containing fifty
(50) parcels or less.
(c) The Board of Supervisors in agreement with the appropriate local agency,
shall specify at the time of approval of the final subdivision map when
development of park or recreational facilities will begin.
20
~7 .3. Paries Principles and Standards. It is tHe policy of the County of Alameda
to cooperate with other governmental entities, subdividers, communities or groups
of residents to secure adequate park and recreational facilities for neighborhoods.
Public interest, convenience, health, welfare and safety require the standards that
follow, which are found to be in conformity with the General Plan of the County of
Alameda.
(a) Each dwelling unit is to be served by a neighborhood park of no less than
6 acres in size and by a community park of no less than 17.5 acres in size.
(b) Each elementary school attendance area is to be served by a neighborhood
park, and each high school attendance area is to be served by a community
park of the same sizes as specified in (a) above.
! &-7.4. Standards for Dedication. 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
facili ties by the future inhabitants of'the subdivision and shall be the use of the areas
. obtained by multiplying the number of dwelling units permitted under zoning on each
. lot by the area of park land required per dwelling unit at the density category appropriate
to each lot as set forth in the following table: ;'
Lot Density Category
(sq. ft. of lot area per dwelling unit
permitted under Alameda County
Zoning Ordinance)
Area of Park Land Required
Per Dwelling Unit (in sq. ft.) .
10,000 or more
5,000 to 9,999
less than 5,000
450
530
375
In the case of condominium/townhouse type of development lot density
shall be computed by dividing total project area by number of proposed
units.
8-7.5. Credit for- Private Park and Recreation Facilities. The Advisory Agency
at its discretion may reduce the land or fees required under Section 8-7.4. by an amount
equi valent to 25 percent of the area of land in the subdivision which is to be used for
private park and recreation facilities, provided that:
(a) The subdivision, or that portion of it for which the~redit would apply,
constitutes a neighborhood.
(b) Land or dedication fee requirements shall not be reduced by an amount
equi valent to more than two acres.
(c) The private park and recreation facilities:
(1) Have sites of at least one-half acre in area;
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(4) Are in accord with the principles and standards for local parks contained
in the Park and Recreation Element of the General Plan, County
of Alameda, State of California, and contain at least two of the
facilities prescribed for neighborhood parks by said Element.
8-7.6. Amourt of Fee in Lieu of Land Dedication. Where fees are required by
the Board to be paid in lieu of land dedication, such fees shall be based on the current
market value of all of the land in that subdivision as determined by the most recent
appraisal made at the direction of the Board at the time of approval of the final subdivision
map.
(2) Are owned by a homes association composed of all property owners
in the neighborhood and being an incorporated nonprofit organization
capable of disolution only by a 100 percent affirmative vote of the
membership, operated under recorded land agreements through which
each lot owner in the neighborhood is automatically a member, and
each lot is subject to a charge for a proportionate share of expenses
for maintaining the facilities;
(3) Are restricted for park and recreational purposes by recorded covenants
which run with the land and cannot be defeated or eliminated without
the consent of the Board of Supervisors;
/
If the subdivider and/or the Local Agency objects to the determination of current
market value by the Board, either may, at its own expense, obtain an appraisal of the.
property by a qualified real estate appralser which appraisal may be accepted by the
Board if found reasonable.
8-7.7. Advisory Agency Proce<ires. The advisory agency shall determine in
accordance with the standards set forth in Section 8-7.4. and shall so designate on
any tentative map requiring a Final Map it approves the area in the subdivision to
be dedicated for park or recreation facilities and/or the amount of land upon which
any fees to be paid is to be based. The location and design of the land to be dedicated
shall be determined on the basis of the principles and standards of the Recreation
Element of the Alameda County General Plan and recommendations of the local park
district in which the subdivision is located.
22 - .
ArtIcle!
Underground Utilities
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8-8.0. Intent. The regulations of this Article are intended to promote and to
provide in subdivisions improved under the provisions of this Chapter an increase in
safety and welfare for both the residents of such land division and the public in general,
and to prolong the economic life of land divisions, enhance views, scenic attributes
and the general living environment.
8-8.1. Utility Distributial Facilities to be Placed UndergrOUld. All utility distri-
bution or communication facilities supplying electric, communication or similar or
associated services, installed in and for the purpose of supplying such service to any
residentially zoned subdivision requiring the filing of a Final Map shall be placed under-
ground. Underground utility distribution facilities as herein described may be required
by the advisory agency for any other subdivision not in the A Zoning District. Distribution
facilities do not include metal poles used for street lighting, traffic signals, pedestals
for police and fire system communications and alarms, pad-mounted transformers
pedestals, pedestal mounted terminal boxes and meter cabinets, substations, and facilities
used to carry voltages higher than thirty-five ~housand (35,000) volts.
8-8.2. Duty of Sdxfivider. The subdivider is responsible for complying with all
requirements of this Article, and shall make the necessary arrangements with the
utility or communication companies involved for the installation of the facilities required
by Section 8-8.1 of this Article.
8-8.4. Request for Variance. The subdivider or a public utility or communication
company may request that the requirements of this Article be varied by submitting
to the Advisory Agency a statement describing fully the nature and extent of such
variance, and the reasons for which it is reques~ed.
8-8.5. Action by the Advisory Agency. The Advisory Agency upon consideration
of a request to vary the requirements of this Article, and upon finding from the evidence
presented that a balancing of the requirements of the public health, safety and general
welfare with the feasibility of meeting such requirements does not warrant the strict
application of the requirements of this Article, by reason of economic feasibility,
soil, topography, compatibility of surrounding area, future potential number of building
sites affected, or that the area to be undergrounded does not include both sides of
the street for at least one block or 600 feet, may grant a variance in its approval of
the tentative map for installing overhead distribution facilities. The Advisory Agency
in making the above finding to grant variances to the requirements of this article shall
designate such conditions in connection therewith as will in its opinion best serve the
intent of this Article.
23
Article 9
School Facilities Dedication
8-9.0. Title and P\6pose. This Article shall be known as the "School Facilities
Dedication Ordinance of Alameda County." The purpose is to provide a method for
financing interim school facilities necessitated by new residential developments causing
conditions of overcrowding. ~~ ~ "
8-9.1. Authority and Conflict. This Article~ enacted pursuant to Chapter 4.7,
Title 7, Division 1, (Government Code Sections 6'970 et seq.) and constitutes the
ordinance referred to in Sections 65972 and 6597~f Chapter 4.7. In the case of any
conflict between the provisions of thls Article an those of Chap~er, 4.7, the latter
shall prevail. \~:~ ' ~~
8-9.2. General Plan. The County~'G~ne;al Plan provides for the location of
public schools. Interim school facilities to be constructed from fees or land required
to be dedicated, or both, shall be consistent with the General Plan.
8-9.3. Regulations. The Board may, from time to time, by resolution, issue
regulations to establish administration, procedures, interpretation and policy direction
for this Article. ~ ~~
,8-9.4. Olapter '.7. "ChapteA.7" means Chapter 4.7 <Commencing with Section
65970) of Division 1 of Title 7 of the Government Code as added by Chapter 955 of
the Statutes of 1977 and any subsequent amendments thereto.
8-9..5. Conditions of OYer'crow~ "Conditions of Overcrowding" means that
the total enrollment of a school, including enrollment from proposed development,
exceeds the capacity of such school as determined by the governing body of the district.
8-9.6. Dwelling Unit. "Dwelling unit" means a building or a portion thereof,
or a mobile home, designed for residential occupancy by one person or a group of two
or more persons living together as a domestic unit.
8-9.7. Reasonable Methods for Mitigating Conditions of Overcrowding. "Reasonable
methods for mitigating conditions of overcrowding" include, but are not limited to,
agreements between a subdivider and the affected school district whereby temporary-
use buildings will be leased to the school district or temporary-use buildings owned
by the school district will be used. The Board of Supervisors may establish by resolution
additional methods for mitigating conditions of overcrowding which should be considered
by school districts.
8-9.8. Residential Development. "Residential development" means a project
containing residential dwellings, including mobile-homes, of one or more units or a
subdivision of land for the purpose of constructing one or more residential dwelling
units. Residential development includes, but is not limited to: rezonings, conditional
use permits, site development review, and any other discretionary permit for new
residential use, and building permits for new residential use.
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8-9.9. Fmdings and Notice. Pursuant to Chapter 4.7 of the Government Code,
the governing body of a school district may make findings supported by clear and
convincing evidence that: (1) conditions of overcrowding exist in one or more attendance
areas within the district which will impair the normal functioning of educational programs
including the reason for such conditions existing; (2) all reasonable methods of mitigating
conditions of overcrowding have been evaluated; and (3) no feasible method for reducing
such conditions exist. Upon making these findings, the school district must provide
the County with notice of its findings.
8-9.10. Notice Requirements. Any notice of findings sent by a school district
to the County shall specify:
(a) Findings specified in Section 8-9.9.
(b) Mitigation measures considered by the district and any determination made
concerning them by the district.
(c) A map delineating the overcrowded attendance area or areas, and other
attendance areas in the district.
(d) Recommendations for standards for land dedication and fees based on Section
8-9.18, General Standards.
(e) Such other information as may be required by Board of Supervisors' resolution.
8-9.11. County Concurrence. After the receipt of any notice of finding complying
with the requirement of Section 8-9.10, the Board of Supervisors shall determine whether
it concurs in such school district findings. The Board shall schedule and hold a public
hearing on the matter of its proposed conc~rrence prior to making its determination.
8-9.12. Fmdings for Development ApprovaL Within an attendance area where
the Board of Supervisors has concurred in a school district's findings that conditions
of overcrowding exist, no discretionary permit for residential use and no building permit
for new residential construction shall be approved in the attendance area, unless the
Board of Supervisors makes one of the following findings:
(a) That this Article is an ordinance adopted pursuant to Section 65974 of
Chapter 4.7.
(b) That there are specific overriding fiscal, economic,-.social, or environmental
factors which in the judgement of the planning agency would benefit the
county, thereby justifying the approval of a residential development otherwise
subject to the interim school facilities dedication provisions of this division.
8-9.13. School District Sched1Ie. Following the concurrence and decision by
the County to require the dedication of land or the payment of fees, or both, for an
attendance area, the governing body of the involved school district shall submit a
schedule specifying how it will use the land or fees, or both, to solve the conditions
of overcrowding. The schedule shall include the school and the times when such facilities
will be available. In the event the governing body of the school district cannot meet
the schedule, it shall submit modifications to the Board of Supervisors and the reasons
for the modification.
25
8-9.14. ~ Responsibility. In an attendance area where the Board of
Supervisors has concurred as provided in Section 8-9.11, the developer of applicable
residential projects shall dedicate land, pay fees in lieu 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.
8-9.1'. Land Dedication Limits. Only payment of fees may be required for
approval of projects containing fifty (50) parcels or less.
8-9.16. E.2rnptions. Residential developments shall be exempt from the requirements
of this division when they consist only of the following:
(a) Any modification or remodel of an existing legally established dwelling
unit that does not create an additional dwelling unit.
(b) A condominium project converting an existing apartment building into
a condominium where no new dwelling units are added.
(c) Any rebuilding of a legally established dwelling unit destroyed or damaged
by fire; explosion, act of God or other accident or catastrophe.
(d) Any rebuilding of an historical building recognized, acknowledged and
designated as such by the Board of Supervisors, State of California, or
Federal Government.
8-9.17. Prior Ag,reernents. Any agreement existing prior to the effective date
of this ordinance between a school district and a developer pertaining to the dedication
of land and/or payment of fees for school facilities shall be considered as satisfying
this Article's requirements.
8-9.18. General Standard. The location and amount of land to be dedicated or
the amount of fees to be paid, or both, shall bear a reasonable relationship and will
be limited to the needs of the community for interim elementary, middle/junior high,
and/or high school facilities including all mandated educational programs and shall
be reasonably related and limited to the need for schools caused by the development.
8-9.19. Fees. A schedule for fees required to be paid in lieu of land dedication
or in combination with land dedication shall be established by the Board of Supervisors
for each attendance area where the Board has concurred with the school district that
conditions of overcrowding exist. '
8-9.20. Land. When land is required to be dedicated, land shall equal in monetary
value fees which would otherwise be market value of all the land in the residential
project as determined by the most recent appraisal made at the direction of the Board
of Supervisors at the time of discretionary action on the application. If the developer,
or the school district, objects to this determination, either may present evidence for
a different dedication requirement based on a recent appraisal of the property by a
qualified real estate appraiser.
8-9.21. Land Ikdication. When land is to be dedicated, it should be offered
for dedication in the same manner as prescribed in the Alameda County Subdivision
Ordinance for park dedication.
26
8-9.22. TIJ'OIe of Performance. Land required to be dedicated on tentative maps
shall be conveyed at the time of filing final maps. All other dedication of land or
payment of fees shall be made at the time the building permit is issued.
(
8-9.23. Trost of Land or Fees. Land and fees shall be held in trust by Alameda
County until such time as request for release of land or fees is made by the subject
school district. Release of land or fees shall occur upon determination by the Board
of Supervisors that the land or fees shall be used for appropriate interim school facilities
and that said facilities would be consistent with the General Plan.
8-9.24. Fee Distribution. Where two or more separate school district operate
schools in an attendance area where the Board of Supervisors concurs that overcrowding
conditions exist for the school districts, the Board will enter into an agreement with
the governing body of each school district for the purpose of determining the distribution
of revenues from the fees levied pursuant to this division.
8-9.2.5. Refulds. If any residential development permit covered by this Article
is voided or vacated, and if the applicant so requests, any land or fees collected for
the development in trust by Alameda County shall be returned to the applicant.
8-9.26. School District ACCO'Jlting. An'y school district receiving funds or land
pursuant to this Article shall maintain a separate account for any fees paid and dis-
position of land received and shall file a report with the Board of Supervisors on the
balance in the account at the end of the previous fiscal year and the facilities leased,
purchased, or constructed during the previous fiscal year. In addition, the report shall
specify which attendance areas will continue to be overcrowded when the fall term
begins and where conditions of overcrowding will no longer exist. Such report shall
be filed by August 1, of each year and shall be filed more frequently at the request
of the Board of Supervisors.
8-9.27. Tennination of Dedication Requirements. When it is determined by
the Board of Supervisors that overcrowding conditions no longer exist in an attendance
area, the County shall cease levying any fee or requiring the dedication of any land
pursuant to this Article for the area. The Board shall schedule and hold a public hearing
on the proposed termination prior to making its determination.
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27
AMENDMENTS
J
Effective May 21, 1981/0rdinance No. 81-33
Section 8-8.4., Article 8
Effective May 28, 1981/0rdinance No. 81-1~
Section 8-3.11., Article 3
Effective July 25, 1981/0rdinance No. 81-47
Section 8-7.1., Article 7
Section 8-7.2., Article 7
Effective October 3, 1981/0rdinance' No. 81-73
Section 8-1.3., Article 1
Section 8-2.3., Article 2
Section 8-2.7., Article 2
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ORDINANCE NO.
19-83
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CERTAIN PROVISIONS OF
CHAPTER 1 OF TITLE 8 OF THE
SUBDIVISION ORDINANCE AS ADOPTED BY THE CITY OF DUBLIN
The City Council of the CITY OF DUBLIN does ordain as
follm.;s:
SECTION 1 AMENDMENTS
Section 8-1.3(a) is amended to read as follows: (a)
"The Planning Commission is the Advisory Agency for the approval
or disapproval of parcel maps and tentative maps.
The Planning Director or his designated representative, is the
Advisory Agency for any other subdivision matters and is
responsible for analyzing the design and coordinating the
processing of proposed subdivisions ,within the City departments
and public agencies and, upon appeal, reporting thereon to the
City Council."
Section 8-2.4 is amended to read as follows:
8-2.4 Data and Material to Accompany Filing. For any subdivision
into five or more lots and, when required by the advisory agency,
for any other subdivision, the tentative map shall include~
(a) A preliminary grading plan prepared by a 2ivil Engineer
registered by the State of California.
(b) A conceptual plan for soil erosion and sediment control for
both construction and post-construction periods prepared by the
Civil Engineer or, with respect to the soil erosion control
provisions, by a Landscape Architect registered by the State of
California.
(c) A soils-geologic investigation report.
Said data and material shall be consistent with requirements and
specifications of the Dublin Grading Ordinance. Adiitional
reports and data may be required by the Planning Director when
deemed necessary due to scale of the proposed subdivision or
presence of potential hazardous or environmentally sensitive
conditions.
Section 8-2.9 is amended to read as follows:
8-2.9. Effective Period. The approval of a tentative map shall
be effective for two and one half years. or for such shorter
p,~rioc! a~.; may be specified by tIll" advisory ilgency in <lpprovin']
t1h~ tcnl:.1tivc m')[l. U[lOn ,)[lrLic~\tion oE the subdivider cluring the
r~1:f,"ctivc [)t~('iod, ;H\ I~xl:<~n:.;ion oE th<.:l cf:f'~ctivc period up to
I~h::,~,~ y,~,)rs mClY be gr.,lllted or condition.:llly qr.lnt,;cl by tile
PL,.1!\"!T1'] Ct,lmI1\L~;~;ioll, whi,(:h i.:.; cksiqnCltnd til(~ .:\d\/i:~"ry "geney for
th L:.i [lu qlO~,I.1, upon t1l<1 <:I'l tc l'11\ L n,1 I: inll tlle\ teL l'cums t,:JIlCC:, Ulltk r:
',vi, i,Gl~ L111.: m~lp I';,'\~; ~ll'l1L'OV(1d h.\v,~ not Cil,ln\]<:,d to the c;,tl~nt. I.;hich
w<:luhl W,H'r':lnl~ L1 Ch.lr\f)'~ ill the dc~;.i.f)n or il1lprovel1lcnt of thc
t C 111: L1 t i v,~ In,] P .
sl'cl:ioll B-3.5 i~~ .:\rn,~ndcd tl1 rc,ld a~~ follow:>:
n:~].5_G['i'ldLI1(J. S\lbdll/l:~lon l)r.1dlng 8h.111 conform wLth the
u,-f,'nl.:, qcncl:.11 n:ql\ircl1ll~nt,.i .1nd lot cICsllJn requircments of l:hi:.;
<:11''1<el:, 8h.111 u" cOllcd.sl:ClIt Ivith rccol1lrn'~lId.ltioI11> cont"il\\~d in
l:1\l' c;':, Ll s -g',~0111'J i. \~ i II IJI~S t il)" t ion n~[lOL- t. C\l\d Slh111 spec i [iCi'l11 Y
COl\L.nll1 wi.th ..Ll d"13l<]n st.lIHl,.\l'ds und cL-Ltcri., cont"incd in
Dill; llll C t' :idi Il'J Ordil\'-\l\CL~. ,\11 8 ueh des ign s tC\mlurds unci c LL tc r L:i
L'L'I~ .lnc')I:i1C[',iteL! h(~l-L~in by rcfl~rcncl~.
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:ORDINANCE NO. 19-83
". "p ag8 2
Section 8-7.0(b) is amended to read as follows:
(b) "Local Agency" means the City of Dublin.
Section 8-7.4 is amended to read as follows:
8-7.4. Standards for Dedication. The amount of land to be
dedicated, or fees to be paid, shall bear a reasonable
relationship to the use of the park and recreation facilities by
the future inhabitants of the subdivision and shall be the amount
c~lculated from the following formula:
Lf\,ND = A X B
FEE
A X B X C
D
(a) A means the park and recreation area required per dwelling
unit, based on the assigned residential density of the proposed
subdivision and the park area per 1,000 people of the City.
s.e..e. ~No.7,\-'O~
(b) B means the number of dwelling units in the proposed
subdivision.
(c) Cmeans the current market value of the developable acreage
of the area to be subdivided.
t:f '(-<. ') tAt:/;L\ V"l) <:.-t;:.__ .
(d) D means the developable acreag~ of the area to be
subdivided.
Section 8-7.5(c) (3) is amended to read as follows:
(3) Are restricted for park and recreational or open space
purposes by recorded covenants which run with the land and cannot
be defeated or eliminated without the consent of the City
Council;
Section 8-7.5(c)(4) is amended to read as follows:
(4) F.re in accord with the principles and stanc.ards for local
parks contained in the Park and Recreation Element of the City of
Dublin General Plan.
SECTION 2 EFFECTIVE DATE
This ordinance relates to the raising of revenue
for the usual and current expenses of the City and shall take
effect immediately.
SECTION 3 POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause
this ordinance to be posted in at least three (3) public places
in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED AND ADOPTED by the City Council of the City
of Dublin on thi.:; 12th d,l1' of: D'~cc~mb,:;r , 1933, by
th~ following votCG:
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RESOLUTIon NO.
74-83
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ESTABLISHING AND ADOPTING PARK AND RECREATION AREA
REQUIREMENTS FOR USE WITH THE SUBDIVISION ORDINANCE OF
THE CITY OF DUBLIN
WHEREAS, the Subdivision Map Act of the State of
California requires definite standards for determining the land to
be dedicated for park or recreational purposes and the fees to be
paid in lieu thereof; and,
WHEREAS, the Subdivision Map Act requires the City to
use a population figure based on the Revenue and Taxation Code
which is greater than the actual City population; and,
WHEREAS, the Dublin City Council has amended the
Subdivision Ordinance of the City of Dublin in accordance with the
Subdivision Map Act; and,
WHEREAS, the Subdivision Ordinance, as amended,
establishes a formula for calculating park and recreation
dedication requirements; and,
WHEREAS, it is desirable to have the Park and Recreation
Area Requirements established and adopted as a policy of the City
of Dublin;
NOW, THEREFORE, BE IT RESOLVED T~AT THE Dublin Citv
Council does hereby establish and adopt the following Park a;d
Recreation Area Requirements for use with thh Dublin Subdivision
Ordinance:
1. The park area of the City is determined to be 2.3 acres per
1,000 people.
2. The park and recreation area required per dwelling unit, A,
is established as follows:
a)
For zoning districts which require 5,000 or more square
feet of lot area per dwelling unit,~ach unit is
assigned 4.9 people.
Therefore:
A = 4.9 X .0023 = .011 acres per unit.
b) Foe zoning distcicts which 'require less th.1n, 5,000
squ~CQ fect of lot ~rc~ per dwelling unit, each unit is
.J :, :; i lJ n ,~ d '\. 1 p'2 0 pl,~ .
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c) ["or rl,ll1l1L'el Dc'/clopm'.:'l1t, COl1dQmil1i.um, oc to\'/I1!\OU:ciC-tjPC
rkvclopm'21\t, lot .:Jr"" pt~r: c!<.';'.llling unit 5hall b,.:'
CI)I\1[lll~_,~d by eli.ridinl) the tot"l project ..rc" bj' thc
n'.1I11\)" I: at pl:oposl~d unite;.
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RES0LuTION NO. 74-83
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PASSED, APPROVED AND ADOPTED this
December , 1983
AYES:
NOES:
ABSENT:
::::2
c~lfk'
th day of
Counci1members Drena, Hegarty, Jeffery,
Moffatt and Mayor Snyder
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ORDINANCE NO. :)3=1:15
AN ORDINANCE OF THE CI'n OF DUBLIN ESTABLISHING REGULATIONS FOR
VESTING TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS.
The city council of the City of Dublin does ordain as follows:
SECTION 1 -- AMENDMENTS
Articles 10, 11, and 12 of Chapter 1 of Title 8 of the Subdivision
Ordinance as adopted by the city of Dublin are hereby adopted to
read as follows:
ARTICLE 10 VESTING TENT~TIVE MAP:
GENERAL PROVISIONS
Section 8-10.1: Citation and Authoritv
This ordinance is enacted pursuant to the authority granted
by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of
Title 7 of the Government Code of th~ State of California
(hereinafter referred to as the Vesting Tentative Map Statute),
and may be cited as the Vesting Tentative Ma? Ordinance.
Section 8-10.2: Purpose and Intent
It is the purpose of this ordinance to establish procedures
necessary for the implementation of the Vesting Tentative Map
statute, and to supplement the provisions of the subdivision rIap
Act and the Subdivision Ordinance. Except as otherwise set forth
in the provisions of this ordinance, the provisions of the
Subdivision Ordinance shall apply to the Vesting Tentative Map
Ordinance.
To accomplish this purpose, the regulations outlined in this
ordinance are determined to be necessary for the preservation of
the public health, safety and general welfare, and for the
promotion of orderly growth and development.
Section 8-10.3: Consistency
lj
No land shall be subdivided and developed pursuant to a
vesting tentative map for any purpose which is inconsistent with
the General Plan and any applicable specific plan or not permitted
by the zoning ordinance or other applicable provisions of the
Nunicipal code.
Section 8-10.4: Definitions
(2) A "vesting tentative map" shall mean a "tentative map"
for a re~idential subdivision, as defined in the Dublin
Subdivision Ordinance, that shall have printed con~picuously on
it:; f.'leu tl1'} wou)::; "V\"zting '1'(~nt.:ttivc M~'p" .:'It th(e tiln'} it is filed
in accoro.:tnc8 with Sec. 8-11.1, and is thereafter processed in
Glccorr1;.ince with the provisions h'.~r00E.
(b) All other dcfinitions set Eorth in the Dublin
Subdivision Ordinance arc applicable.
Sec Hon B-1 0.5: .Appl lCel tion
{,1l This ordil1Clncl' Sh,l11 clpply -only III rl'sidentiul
devehl[:'lllt'ntS. Whcn~ver u provision o( the SubdivL~ion ~ldp Act, uS
lmpll'ment-.::od and supplemented by the Dublin subdivision Ordilh,ncc,
rCl]uircs tht~. filing of i'l tlCntLlt.ive map or tenlilllve pi'lcccl m.:1p for
J rcsidentiill developmdllt, a vesting tentutivQ mClp m.:1Y instcud be
fileel, in .:1ccn~dl'\lICd with the provisions hereof.
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(b) If a subdivider does not seek the rights conferred by
the Vesting Tentative Map Statute, the filing of a vesting
tentative. map shall not .be. a.prerequisite to...any .appro'Jal for..any
proposed subdivision, permit for construction, or work preparatory
to construction.
ARTICLE 11 VESTING TENTATIVE MAP:
PROCEDURES
Section 8-11.1: 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 the Dublin
Subdivision Ordinance for a tentative map except as hereinafter
provided: '
(a) Prior to the time a vesting tentative map is filed, a
subdivider shall have obtained from the City of Dublin all
applicable permits for prezoning, rezoning, Planned Development
rezoning, site development review, variance, conditional use
permit, or similar planning and land use entitlement.
(b) At the time a vesting tentative map is filed it shall
have printed conspicuously on its face the words "Vesting
Tentative /<lap."
(c) At the time a vesting tentative map is filed a
subdivider shall also supply the following information:
height, size, and location of buildings
sewer, water, storm drain and road details
information on the uses to which the buildings will be put
detailed grading plans
geological studies
flood control information
architectural plans
fiscal impact studies
plot plans
foundation plans
drainage plans
floor plans
roof and ceiling framing plans or truss layout plans
roof truss details and calculations
exterior elevations
typical cross sect inns
large scale details
soil reports
heat loss. calculations
surveys
structural calculations
electric~l plans and electrical load calculations
mechanical plilns
plumbing plans Dnd calculations
elevations to show compliilncc with regulations pertaining
to access Eor the handicappud
0111 otlwr sl:udie" Clnd informdttoll requir<:'d to ilppl'l foe
buildin'] permits
Section O-1~.2: fee~
UI) U[:lon [UinLJ C\ ve,,~tinCJ tentutive I1h1P, the subdivider
shJll pay the fees t~qui[~ct by the schedule adopted by resolution
of the C1 ty Cound 1 for th<:, f illnlJ Clncl I:'l'ocessing of C1 vestin9
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Section 8-11.3: Expiration
Theapproval-or-conditional apPfoval ofa vesting tentative
map shall expire at the end of the same time period, and shall be
subject to the same extensions, established by the Subdivision
Ordinance for the expiration of the approval or conditional
approval of a tentative map.
ARTICLE 12 VESTING TENTATIVE MAP:
DEVELOPMENT RIGHTS
Section 8-12.1: vesting on Aoproval of Vesting Tentative Map
(a) The approval or conditional approval of a vesting
tentative map shall confer a vested righ~ to proceed with
development in substantial compliance with the ordinances,
policies, and standards described in Government Code Sec. 66474.2.
However, if Section 66474.2 of the Government Code is
repealed, the approval or conditional approval of a Vesting
Tentative Map shall confer a vested right to proceed with
development in substantial compliance with the ordinances,
policies, and standards in effect at ~he time the vesting
tentative map is approved or conditionally approved.
(b) Notwithstanding subdivision (a), a permit, approval,
extension, or entitlement may be made conditional or denied if any
of the following are determined:
(1) A failure to do so would- place the residents
of the subdivision or the immediate community, or
both, in a condition darigerous to their health or
safety, or both.
(2) The condition or denial is required, in order
to comply with state or federal law.
(c) The rights referred to herein shall expire if a final
map is not approved prior to the expiration of the vesting
tentative map as provided in Sec. 8-11.3. If the final map is
approved, these rights shall last for the following periods of
time:
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(1) An initial time period of one (1) year (12 months)
Where several final maps are recorded on various phases
of a project covered by a single vesting tentative map,
this initial time period shall begin for each phase when
the final map for that phase is recorded.
(2) The initial time period set forth in (c) (1) shall
be automatically extended by any time used for
processing a complete application for a grading permit
or for design or archit~ctural review, if such
procc:33in9 exc')cd::; 30 days, from the dute a comrlctc
application is filed.
(J) ^ subdivider Ilh1Y i1[Jply Eor .1 on8-1'c.:\r c:,I:'.'nsion at
i1ny time berore the initiJl time period 58t Earth in Ie)
(1) c;,pin~,;. If thl~ c;,tension is denied by the PlclnninCJ
Commission, th'~ subdivid8r lTIay app~.:ll th.1t d8niCll to the
city Council within 15 days.
(~) If the subdivider submits ct complete? ,lpp1icdtion
tot u building P'2[111il: during t-he pedod of till1'~
Spt!cifiYcI in subdivision::; (1) - (3), the right::; r',:fcncll
to h','rl'in shall cOl1tinul' until the l':\piral:iol1 o[ thC1t
permit, or ony e;,t8n81011 of th"t rermit.
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Section 8-12.2: 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.shall deny such a vesting
tentative map or approve it conditioned on the subdivider, or his
or her designee, obtaining the necessary change in the zoning
ordinance to eliminate the inconsistency. If the change in the
zoning ordinance is obtained, the approved, or conditionally
approved, ve~ting tentative map shall, notwithstanding Sec. 8-
l2.l(a), confer the vested right to proceed with the development
in substantial compliance with the change in the zoning ordinance
and the map, as approved.
(b) The rights conferred by this section shall be for the
time periods set forth in Sec.. 8-l2.l(c):
Section 8-12.3: Applications Inconsistent with Current policies
Notwithstanding any provision of this ordinance, a property
owner or his or her designee may seek approvals or permits for .
development which depart from the ordinances, policies, and
standards described in Sections 8-l2.1(a) and 8-12.2, and local
agencies may grant these approvals or issue these permits to the
extent that the departures are authorized under applicable law.
SECTION 2 -- EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days after
its final passage and adoption by the City Council. Before the
expiration of fifteen (15) days after its passage, it shall be
published once, with the names of the Council Members voting for
and against the same, in the Tri-Vallev Herald, a newspaper
published in Alameda county and available in the City ~f Dublin.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN
on this 9th day of Decemt€r , 1985, by the
following votes:
AYES:
Cmmcilrnembers Hegarty, Jeffery, ~Ioffatt, Vonheeder and
t-Iayor Snyder
None
NOES:
ABSENT: None
rf\-'f1'Y.ST:) ~
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CiLy Clc:rk
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ORDINANCE NO. n - 90
AN ORDINANCE OF THE CITY OF DUBLIN
AN ORDINANCE AMENDING CERTAIN PROVISIONS OF
CHAPTER I OF TITLE 8 OF THE SUBDIVISION ORDINANCE
AS ADOPTED BY THE CITY OF DUBLIN,
RELATING TO SOILS REPORTS
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
section 1.
AMENDMENTS
section 8 - 2.4(cl of Chapter I of Title 8 of the Alameda
County Code as adopted by the city of Dublin by Ordinance No. 13,
and as amended by Dublin Ordinance No. 19-83, is amended to read
as follows:
"(c) A preliminary soils investigation report prepared
by a Soils Engineer who is a civil Engineer registered
by tile State of California. This report shall be
submitted to the city Engineer for review. The city
Engineer may review the report and may require
additional information or may reject the report if it
is found to be incomplete, inaccurate, or
unsatisfactory.
Said data and material shall be consistent with
requirements and specifications of the Dublin Grading
Ordinance. Additional reports and data may be required
by the Planning Director when deemed necessary due to
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scale of the proposed subdivision or presence of
potential hazardous or environmentally sensitive
conditions.
(d) A report evaluating the geological conditions
present, prepared by a Geologist certified in
Engineering Geology by the state of California."
section 2.
postinq and Effective Date.
This Ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage. The city Clerk of
the city of Dublin shall cause this ordinance to be posted in at
least three (3) public places in the city of Dublin in accordance
with section 36933 of the Government Code of the State of
California.
PASSED, APPROVED AND ADOPTED this 14 t h day of ~IA. y
1990, by the following vote:
AYES: Cauncilmembers Hegarty, Jeffery, Snyder, Vanheeder, and
Hayar Noffatt.
NOES: None.
ABSENT: None.
~<ii Yb1J~
Ma or
Clerk
mnrw\114\ord\AHDCHPI.FSE
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DISTRIBUTION LIST
CITY OF DUBLIN
DRAFT SUBDIVISION ORDINANCE
Diane Iowart
Park & Recreation Director
City of Dublin
Dougherty Regional Fire Authority
9399 Fircrest Lane
San Ramon, CA 94581
ATI'N: Tom Hathcox
Dublin San Ramon Services Dist.
7051 Dublin Blvd.
Dublin, CA 94568
ATI'N: Robert Beebe
viacom Cable Television
6640 Sierra Lane
Dublin, CA 94568
ATI'N: Myrt Jones
Alameda County Public Works
399 Elmhurst Street
Oakland, CA 94544
ATI'N: Donald LaBell~, Director
ABAG
P.O. Box 2050
Oakland, CA 94604
Dublin Unified School District
7471 Larkdale Avenue
Dublin, CA 94568
ATI'N: Mr. Heinz Gewing
Pacific Gas & Electric
998 Murrieta Blvd.
Livermore, CA 94550
ATI'N: Iou Hol veck
Pacific Bell
401 Lennon Lane, #207
Walnut Creek, CA 94598-2416
ATI'N: L. F. Woods
Zone 7, Alameda County Flood
Control & Water Conservation
5997 parkside Drive
Pleasanton, CA 94566
ATI'N: Vince Wong
Building Industry Ass' n
1280 Boulevard Way, #211
Walnut Creek, CA 94595
ATI'N: Mark Stechbart
Associated Gen'l Contractors
8301 Edgewater Drive
Oakland, CA 94621
I Ii 3
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