HomeMy WebLinkAboutOrd 04-16 Amend Muni Code Subdivisions ORDINANCE NO. 4 — 16
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING A COMPREHENSIVE UPDATE OF TITLE 9 OF THE DUBLIN MUNICIPAL CODE
(SUBDIVISIONS)
WHEREAS, Title 9 of the Dublin Municipal Code contains the City's subdivision ordinance, and
was adopted under the City's inherent police power and the authority of the Subdivision Map Act,
Government Code §§ 66410 through 66499.38, which vests regulation and control of the design and
improvement of subdivisions in local legislative bodies; and
WHEREAS, the purpose of the Subdivision Map Act and its implementing subdivision ordinance is
to provide uniform mapping standards for subdivisions, to coordinate subdivision planning with land
use and other community development goals in the City's General Plan and several specific plans,
and to ensure that subdivision design and improvement implements City and other local development
standards; and
WHEREAS, the last general update of the subdivision ordinance was adopted through Ordinance
1-91 on January 14, 1991, although the ordinance has been amended periodically since then.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 1. Approval. Title 9 of the Dublin Municipal Code is hereby amended to read as shown in
attached Exhibit A, which replaces existing Title 9 in its entirety.
Section 2. Findings. The City Council finds as follows in support of its approval of the subdivision
ordinance update.
A. General. Through the provisions and procedures in the subdivision ordinance update, the City will
ensure that subdivisions of land comply with and further the goals and policies of the City's adopted
General Plan, specific plans, Zoning Ordinance, and other applicable development regulations and
standards.
B. Regional Housing Needs. In adopting this subdivision ordinance update, the City Council has
considered the effect of the ordinance on the housing needs of the region and has balanced these
needs against the public service needs of its residents and available fiscal and environmental
resources, in accordance with Government Code section 66412.3. Regional housing need is
reflected in the Regional Housing Needs Allocation (RHNA) developed by the Association of Bay
Area Governments for each city and county. The RHNA numbers for the City of Dublin are the basis
for the City's adopted, HCD-certified Housing Element, which outlines opportunities for meeting the
City's housing goals. Consideration and approval of proposed subdivisions through the subdivision
ordinance update assists the City in meeting its housing goals as well as other General Plan goals for
well-planned, efficient development since subdivision approvals must be found consistent with the
General Plan, including its Housing Element. The provisions and procedures of the subdivision
ordinance update ensure that subdivision projects will implement reasonable development policies
and standards to provide subdivision development with adequate public services and utilities. The
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provisions and procedures of the subdivision ordinance update also ensure that environmental
protections are considered for subdivisions in sensitive areas, such as hillsides and creek corridors,
among others. On balance, the subdivision ordinance provisions and procedures are a reasonable
and efficient tool to ensure that housing development approvals will result in housing that meets local
development standards and will contribute to meeting General Plan, Housing Element and other
regional and community goals.
Section 3. CEQA. The subdivision ordinance update is exempt from environmental review under
the general exemption in California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3)
for projects where it can be seen with certainty that there is no potential for significant environmental
effects. The subdivision ordinance update does not approve any development project or other
physical activity; nor does it change any land use or density designations that would affect
development potential. Instead it updates the policies, standards and procedures through which
subdivision applications for development would be considered. Any future development application
would be reviewed for compliance with CEQA.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be
invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability
of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of
this Ordinance, or its application to any other person or circumstance. The City Council of the City of
Dublin hereby declares that it would have adopted each section, subsection, subdivision, paragraph,
sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or
unenforceable.
Section 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
Section 6. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in
at least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 5th day of April, 2016, by the following vote:
AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert
NOES: None
ABSENT: None /---
ABSTAIN: None
I , 1 .4A
ay•r
ATTEST:
/tA4i Z. Cr-
City Clerk
Ord No.4-16,Adopted 4-5-16, Item 4.6 Page 2 of 2
Title 9
Subdivisions
Chapters:
9.04 General Provisions
9.06 Maps Required
9.08 Tentative Tract and Tentative Parcel Maps
9.12 Design
9.16 Improvements
9.20 Surveys and Monuments
9.24 Final Maps and Parcel Maps
9.28 Dedication of Lands for Park and Recreation Purposes
9.32 Underground Utilities
9.36 School Facilities Dedication
9.40 Vesting Tentative Map
9.44 Map Amendments and Certificates of Correction
9.48 Reversion to Acreage and Resubdivision
9.52 Lot Line Adjustments
9.56 Enforcement
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Chapter 9.04
GENERAL PROVISIONS
Sections:
9.04.010 Title.
9.04.020 Purpose and authority.
9.04.030 Intent.
9.04.040 Consistency.
9.04.050 Application of ordinance.
9.04.060 Exclusions.
9.04.070 Fees and deposits.
9.04.080 General responsibilities.
9.04.090 Definitions.
9.04.100 Authority for subdivision decisions.
9.04.010 Title
This title shall be known as the Subdivision Ordinance of the City of Dublin.
9.04.020 Purpose and authority.
This Subdivision Ordinance shall regulate and control the design and improvement of subdivisions of land within the
City and supplement the provisions of the Subdivision Map Act of the State of California set forth at Government
Code section 66410 et seq. concerning the design, improvement and survey data of subdivisions,the form and
content of all maps provided for by the Subdivision Map Act,and the procedure to be followed in securing the
official approval of the City regarding the maps.
9.04.030 Intent.
The intent of this Subdivision Ordinance is to promote the public health,safety and general welfare;to promote
orderly growth and development within the City;to coordinate lot design,street patterns, rights-of-way,traffic
circulation, utilities and public facilities with the General Plan and any specific plans;to assure that areas dedicated
for public purposes will be properly improved initially so as not to be a future burden upon the community;to
preserve natural resources and prevent environmental damage;to maintain suitable standards to ensure adequate,
safe building sites;and to prevent hazard to life and property.
9.04.040 Consistency.
No land shall be subdivided for any purpose that is inconsistent with the City's General Plan or any applicable
specific plan of the City or that is not permitted by the Zoning Ordinance(Title 8)or other applicable provisions of
this Code. It is the intent of this Subdivision Ordinance to comply in every regard to the latest edition of the
Subdivision Map Act. If any provision of this Subdivision Ordinance is in conflict with the Subdivision Map Act, the
provisions in the Subdivision Map Act shall prevail.
The type and intensity of land use as shown on the General Plan and any applicable specific plan shall determine
the type of streets, roads, highways, utilities and public services,and other public improvements that shall be
provided by the subdivider.
9.04.050 Application of ordinance.
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The regulations set forth in this Subdivision Ordinance shall apply to all or parts of subdivisions within the City and
to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act and this
Subdivision Ordinance. All subdivisions and any part thereof lying within the City shall be made and all subdivision
maps shall be prepared and presented for approval in accordance with this Subdivision Ordinance.
9.04.060 Exclusions.
This Subdivision Ordinance shall not apply to actions exempted by Government Code sections 66412 and any
others specifically exempted by the State Subdivision Map Act,except that the procedures for the application,
review and approval of Lot Line Adjustments shall be as outlined in Chapter 9.50.
9.04.070 Fees and deposits.
All applicants for the approval of maps or for other approvals as required by this Subdivision Ordinance shall pay all
fees and/or deposits as established by City Council resolution.
9.04.080 General responsibilities.
In addition to the specific responsibilities set forth elsewhere in the Subdivision Ordinance,the following agencies
and officers,or their duly authorized representatives,shall have the general responsibilities hereby designated.
A. City Attorney. The City Attorney is responsible for approving as to form all subdivision improvement
agreements and security and governing documents for a common interest development.
B. City Clerk. The City Clerk is responsible for filing and maintaining all official documents.
C. City Council. The City Council responsibilities shall be as follows:
1. The City Council shall act as the appeal board for subdivision decisions or actions of the Planning
Commission.
2. The City Council shall act as the appeal board for subdivision decisions or actions of the City
Engineer on final maps, parcel maps, improvement agreements and/or dedications.
3. When tentative maps are processed concurrently with other land use applications requiring City
Council action,the City Council shall have authority for approval,conditional approval,or
disapproval of the tentative map application.
D. City Engineer. The City Engineer or his or her designated representative,as specified in the Subdivision
Map Act,shall have the following responsibilities:
1. The City Engineer shall have final approval or disapproval authority for final maps, parcel maps,
improvement agreements,and the acceptance or rejection by the City of lands and/or
improvements as may be offered for dedication to the City under Government Code sections
66458,66463, 66477.1,66477.2 and 66477.3.
2. The City Engineer is responsible for determining if proposed subdivisions comply with provisions of
the Subdivision Map Act and this Subdivision Ordinance.
3. The City Engineer is responsible for the approval or disapproval of requests for parcel map waivers
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under Section 9.06.030.
4. The City Engineer is responsible for determining whether the proposed improvements are
consistent with the design and improvement standards specified or referred to in this Subdivision
Ordinance, and for the inspection,and approval of all such improvements, and for making
recommendations on granting exceptions requested under Section 9.12.090.
5. The City Engineer shall,on a regular basis, report to the City Council on consideration and action
on final maps, parcel maps, improvement agreements, and the acceptance or rejection by the City
Engineer of lands and/or improvements offered for dedication.
E. Community Development Director. The Community Development Director responsibilities shall be as
follows:
1. The Community Development Director is responsible for the approval, conditional approval or
disapproval of Tentative parcel maps and lot line adjustments,except for tentative parcel maps
subject to concurrent processing under Subsection C.3 above.
2. Reviewing,distributing, and processing tentative tract and tentative parcel map applications and
making a recommendation on compliance with the California Environmental Quality Act(CEQA).
3. By direction to the City's Code Enforcement Officer,the Community Development Director shall
have the power to direct the issuance of citations, cease and desist orders and other appropriate
orders involving violations of provisions of this Subdivision Ordinance.
4. At any point in the review process and at his or her sole discretion,the Community Development
Director may transfer original hearing jurisdiction to the Planning Commission because of policy
implications, unique or unusual circumstances,or the magnitude of the project.
F. Planning Commission. The Planning Commission responsibilities shall be as follows:
1. The Planning Commission is responsible for the approval, conditional approval,or disapproval of
tentative tract maps.
2. At any point in the review process and at its sole discretion,the Planning Commission may transfer
original hearing jurisdiction to the City Council because of policy implications, unique or unusual
circumstances,or the magnitude of the project.
3. The Planning Commission shall act as the appeal board for decisions of the Community
Development Director.
4. When tentative maps are processed concurrently with other land use applications requiring City
Council action,the Planning Commission shall make a recommendation on the maps to the City
Council.
9.04.090 Definitions.
All words and terms used in this Subdivision Ordinance shall have the same meaning as defined in the Subdivision
Map Act,except as expressly defined in this section.
"Advisory agency"means a designated official or an official body charged with the duty of reviewing the design and
improvement of proposed divisions of real property,the imposing of requirements or conditions thereon,or having
the authority under this Subdivision Ordinance to approve, conditionally approve or disapprove maps.
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Final map"means a map showing a subdivision prepared in accordance with the provisions of this Subdivision
Ordinance and the Subdivision Map Act and designed to be recorded in the office of the Alameda County Recorder.
"Parcel map" means a map showing a subdivision of four or fewer parcels, prepared in accordance with the
provisions of this Subdivision Ordinance and the Subdivision Map Act and designed to be recorded in the office of
the Alameda County Recorder. A parcel map also means a map showing a subdivision of five or more parcels
under the final map exemption in Government Code section 66426(a)—(e).
"Subdivider"means a person,firm, corporation, partnership,or association,who proposes to divide,divides or
causes to be divided real property into a subdivision for him or herself or for others except that employees and
consultants of such persons or entities,acting in such capacity, are not"subdividers."
"Subdivision" means the division, by any subdivider,of any unit or units of improved or unimproved land,or any
portion thereof, as shown on the latest equalized county assessment roll as a unit or as contiguous units,for the
purpose of sale, lease or financing,whether immediate or future,and as further defined in section 66424 of the
Subdivision Map Act.
"Tentative Map" means a map made for the purpose of showing the design and improvement of a proposed
subdivision and the existing conditions in and around it. "Tentative Map" includes a Tentative parcel map and a
Tentative tract map.
"Tentative parcel map" means a tentative map prepared in connection with a subdivision of four or fewer parcels.
"Tentative tract Map" means a tentative map prepared in connection with a subdivision of five or more lots.
"Vesting Tentative Map" means a tentative map that meets the requirements set forth in Chapter 9.40.
9.04.100 Authority for subdivision decisions.
Table 9-1 (Subdivision Review Authority) identifies the city official or authority responsible for reviewing and making
decisions on each type of subdivision application or other decision required by this article.
Table 9-1
Subdivision Review Authority
Role of Review Authority(1)
Issue/Document Applicable Community Planning
Code Section Development City Engineer Commission City Council
Director
Tentative parcel map 9.08 Decision(2)(3) Appeal
Parcel map 9.24 Decision(2) Appeal
Tentative tract map 9.08 Decision PP) Appeal
Final map 9.24 Decision(2) Appeal
Certificate of compliance 9.56 Decision(2) Appeal
Lot line adjustment 9.52 Decision(2) Appeal
Parcel map waiver 9.06 Decision(2) Appeal
Reversion to acreage 9.48 Decision
Time extension 9.40 Decision(2) Appeal
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Notes:
(1) "Decision"means that the review authority makes the final decision on the matter; "Appeal"means that the
review authority may consider and decide upon appeals of the decision of an earlier decision-making body in
accordance with Government Code section 66452.5.
(2) At its sole discretion,the review authority may transfer original hearing jurisdiction to a higher body.
(3) For tentative maps subject to concurrent processing,the Planning Commission makes a recommendation to the
City Council.
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Chapter 9.06
MAPS REQUIRED
Sections:
9.06.010 General.
9.06.020 Division of land—five or more parcels.
9.06.030 Division of land—four or fewer parcels.
9.06.010 General.
The necessity for tentative,final, and parcel maps shall be governed by the provisions of this chapter.
9.06.020 Division of land—five or more parcels.
A Tentative tract map and final map shall be required for all divisions of land creating five(5)or more parcels,five
(5)or more condominiums as defined in Section 783 of the Civil Code,a community apartment project containing
five (5)or more parcels,or for the conversion of a dwelling to a stock cooperative containing five (5)or more
dwelling units,except where any one of the following occurs:
A. The land before division contains less than five (5)acres,each parcel created by the division abuts upon a
maintained public street or highway, and no dedications or improvements are required by the Planning
Commission or City Council.
B. Each parcel created by the division has a gross area of twenty(20)acres or more and has an approved
access to a maintained public street or highway.
C. The land consists of a parcel or parcels of land having approved access to a public street or highway,
which comprises part of a tract of land zoned for industrial or commercial development,and which has the
approval of the Planning Commission or City Council as to street alignments and widths.
D. Each parcel created by the division has a gross area of not less than forty(40)acres or is not less than a
quarter of a quarter section.
E. The land is being subdivided solely for the creation of an environmental subdivision pursuant to Section
66418.2 of the Subdivision Map Act.
F. A Tentative parcel map shall be required for the subdivisions described in sections 9.06.020.A through
9.06.020.E, and a parcel map shall be required rather than a final map unless the parcel map is waived by
the City Engineer in accordance with Section 9.06.030.C.
9.06.030 Division of land—four or fewer parcels.
A. General. A Tentative parcel map and parcel map shall be required for all divisions of land into four(4)or
fewer parcels,except as provided below.
B. No parcel map required. No parcel map shall be required for the following.
1. Subdivisions of a portion of the operating right-of-way of a railroad corporation,defined by Section 230
of the Public Utilities Code,that are created by short-term leases(terminable by either party on not
more than thirty(30)days' notice in writing).
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2. Land conveyed to or from a governmental agency, public entity or public utility,or for land conveyed to
a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is
made in individual cases, upon substantial evidence,that public policy necessitates a parcel map. For
purposes of this Section, land conveyed to or from a governmental agency shall include a fee interest,
a leasehold interest,and easement,or a license.
C. Parcel map waiver. The City Engineer may waive the requirement for filing a parcel map, as provided
below.
1. A subdivider wishing to request a waiver of the parcel map requirement shall submit a waiver request in
writing to the City Engineer.
2. The parcel map requirement may be waived upon a finding that the proposed subdivision complies with
the Subdivision Ordinance requirements as to lot area, improvement and design,floodwater drainage
control, appropriate improved public roads,sanitary disposal facilities,water supply availability,
environmental protection,other requirements of the Subdivision Map Act,and this Subdivision
Ordinance.
3. The City Engineer shall act upon the application for a parcel map waiver within 60 days after the waiver
application is deemed complete.
4. A parcel map waiver may be conditioned to provide for the payment of park land dedication and any
other fees generally applied to subdivision projects.
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Chapter 9.08
TENTATIVE TRACT AND TENTATIVE PARCEL MAPS
Sections:
9.08.010 General.
9.08.020 Persons authorized to prepare.
9.08.030 Tentative map number.
9.08.040 Filing.
9.08.050 Form and contents.
9.08.060 Accompanying data and reports.
9.08.070 Hearing.
9.08.080 Public notice.
9.08.090 Action—Tentative tract maps.
9.08.100 Action—Tentative parcel maps.
9.08.110 Appeals.
9.08.120 Extension of time for action or report.
9.08.130 Effective period of approved tentative map.
9.08.010 General.
The form and contents,submittal and approval of Tentative tract maps for the subdivision of five or more parcels
and Tentative parcel maps for the subdivision of four or fewer parcels shall be governed by the provisions of this
chapter.
9.08.020 Persons authorized to prepare.
All tentative maps shall be prepared by a registered civil engineer or licensed land surveyor.
9.08.030 Tentative map number.
The tentative map number shall be assigned by and obtained from the County Recorder.
9.08.040 Filing.
All tentative map applications shall be filed with the Community Development Director and submitted in accordance
with Section 8.124 of the Zoning Ordinance(Applications, Fees, and Deposits).
9.08.050 Form and contents.
The form and contents of the tentative map and the number of copies required for the application shall be
prescribed by the Community Development Director and in accordance with the Application Submittal
Requirements for Tentative Maps. The Community Development Director may authorize deletion or reduction of
map requirements on the determination that the map contains sufficient information to be evaluated adequately.
9.08.060 Accompanying data and reports.
The tentative map shall be accompanied by the materials identified in the City of Dublin Application Submittal
Requirements for Tentative Maps, including, but not limited to:
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A. A preliminary grading plan prepared by a civil engineer registered by the State of California.
B. A preliminary soils report prepared by a a civil engineer or geotechnical engineer registered by the State of
California. For subdivisions within a seismic hazard zone,the report shall include supplemental data and
analysis consistent with the requirements and specifications of the Alquist-Priolo Earthquake Fault Zoning
Act and/or the Seismic Hazards Mapping Act. If the preliminary soils report indicates the presence of
critically expansive soils, corrosive soils,or other soil problems that, if not corrected, could lead to structural
defects, a soils investigation of each lot in the subdivision may be required. If the investigation and civil
engineer's report recommends corrective action, building permits can be conditioned to incorporate the
recommendations.
C. Additional reports and data may be required by the City Engineer when deemed necessary due to scale of
the proposed subdivision or presence of potential hazardous or environmentally sensitive conditions.
D. A"will serve"letter from the agency proposed to provide sewer and water service to the proposed
subdivision indicating and committing that sewer and water service connections and service can be
provided to the proposed subdivision.
9.08.070 Noticed public hearing.
The Advisory agency shall conduct a noticed public hearing on tentative tract maps.The Community Development
Director shall conduct a noticed public hearing on tentative parcel maps. Notice and hearing procedures shall be
as set forth in Chapter 8.132 (Notice and Hearings)of the Zoning Ordinance.
9.08.080 Public notice.
The City shall provide notice of the hearing on a tentative map in accordance with Chapter 8.132(Notice and
Hearings)of the Zoning Ordinance.
9.08.090 Action—tentative tract maps.
A. Advisory agency,timing. The Planning Commission is the Advisory agency, and shall approve,
conditionally approve,or disapprove Tentative tract maps within fifty(50)days after certification of the
environmental impact report,adoption of a negative declaration,or a final determination that the project is
exempt from the requirements of Division 13(commencing with Section 21000)of the Public Resources
Code.
B. Conditions. Conditions of approval may include, but are not limited to,dedication and improvement of
streets,alleys, including access rights and abutters' rights,drainage, public utility easements and other
public easements; reservations;the design and improvement of subdivisions; requirements to implement
CEQA mitigation measures;ensuring proper grading and erosion control,ensuring prevention of
sedimentation or damage to offsite property;energy conservation;and ensuring compliance with adopted
development standards. Conditions of approval related to indemnification shall be in conformance with
Section 66474.9 of the Government Code
1. Dedications. Conditions of approval may require dedications or offers of dedication for any purpose
specified in the Subdivision Map Act, including but not limited to Government Code sections 66473.3,
66475 through 66478, and 66478.5.
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2. Reservations. The subdivider, as a condition of approval of a tentative tract map,may be required to
reserve areas of real property for fire stations, libraries, parks,or other public uses, in compliance with
the requirements of Government Code sections 66479 through 66482.
3. Water supply. Any Tentative tract map for a subdivision as defined in Government Code section
66473.7 shall be conditioned to show that a sufficient water supply shall be available,as further
provided in that section.
C. Findings for approval. All of the following findings shall be made in order to approve a tentative tract map
and shall be supported by substantial evidence in the public record.
1. The proposed subdivision map together with the provisions for its design and improvement is
consistent with the General Plan and any applicable specific plan. [Government Code section 66474a,
b]
2. The subdivision site is physically suitable for the type and proposed density of development.
[Government Code section 66474c,d]
3. The Tentative tract map is consistent with the intent of applicable subdivision design or improvements
of the Tentative tract map are consistent with the City's General Plan and any applicable specific plan.
4. The subdivision design and proposed improvements will not cause substantial environmental damage
or substantially and avoidably injure fish or wildlife or their habitat. [Government Code section 66474e]
5. The design of the subdivision or type of improvements will not cause serious public health concerns.
[Government Code section 66474f]
6. The design of the subdivision or the type of improvements will not conflict with easements,acquired by
the public at large,for access through or use of, property within the proposed subdivision;or alternate
easements are provided pursuant to Government Code section 66474(g).
7. The design or improvements of the Tentative Map are consistent with the City's General Plan and any
applicable specific plan.
8. The subdivision is designed to provide for future passive or natural heating or cooling opportunities.
[Government Code section 66473.1]
9. The Tentative tract map, including design and improvement,shall comply with all the applicable
provisions and requirements of the Zoning Ordinance,the latest Municipal Stormwater Permit issued to
the City by the Regional Water Quality Control Board,this Subdivision Ordinance,any other ordinance
of the City, and the Subdivision Map Act.
D. Conformance to City ordinance.
1. General. The approval, conditional approval or disapproval of the Tentative tract map shall be based
on the ordinances, policies, and standards in effect on the date the application was determined to be
complete.
2. Requirements of other agencies. The applicant shall be responsible for complying with the tentative
map requirements of other agencies, as appropriate.
E. Referral. At any point in the review process and at its sole discretion,the Planning Commission may
transfer original hearing jurisdiction to the City Council because of policy implications, unique or unusual
circumstances,or the magnitude of the project.
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9.08.100 Action—Tentative parcel maps.
A. Advisory agency,timing. The Community Development Director is the Advisory agency and shall
approve, conditionally approve,or disapprove Tentative parcel maps within fifty(50)days after certification
of the environmental impact report,adoption of a negative declaration,or a final determination that the
project is exempt from the requirements of Division 13 (commencing with Section 21000)of the Public
Resources Code unless another time period is required by the Subdivision Map Act.
B. Conditions. Conditions of approval shall be limited to the dedication of rights-of-way,easements,and
construction of reasonable offsite and onsite improvements for the parcels being created. Conditions of
approval related to indemnification shall be in conformance with Section 66474.9 of the Government Code.
1. Dedications. Conditions of approval may require dedications or offers of dedication for any purpose
specified in the Subdivision Map Act, including but not limited to Government Code sections 66473.3,
66475 through 66478,and 66478.5.
2. Reservations. The subdivider, as a condition of approval of a Tentative parcel map, may be required
to reserve areas of real property for fire stations, libraries, parks,or other public uses, in compliance
with the requirements of Government Code sections 66479 through 66482.
3. Timing. Fulfillment of any construction requirements shall not be required until the time a permit or
other grant of approval for development of the parcel is issued,or as otherwise authorized under
Government Code section 66411.1(b).
C. Findings for approval. All of the following findings shall be made in order to approve a Tentative parcel
map and shall be supported by substantial evidence in the public record.
1. The proposed subdivision map together with the provisions for its design and improvement is
consistent with the General Plan and any applicable specific plan. [Government Code section 66474a,
b]
2. The subdivision site is physically suitable for the type and proposed density of development.
[Government Code section 66474c,d]
3. The tentative tract map is consistent with the intent of applicable subdivision design or improvements of
the tentative tract map are consistent with the City's General Plan and any applicable specific plan.
4. The subdivision design and proposed improvements will not cause substantial environmental damage
or substantially and avoidably injure fish or wildlife or their habitat. [Government Code section 66474e]
5. The design of the subdivision or type of improvements will not cause serious public health concerns.
[Government Code section 66474f]
6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by
the public at large,for access through or use of, property within the proposed subdivision;or alternate
easements are provided pursuant to Government Code section 66474(g).
7. The design or improvements of the tentative map are consistent with the City's General Plan and any
applicable specific plan.
8. The subdivision is designed to provide for future passive or natural heating or cooling opportunities.
[Government Code section 66473.1]
9. The tentative tract map, including design and improvement,shall comply with all the applicable
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provisions and requirements of the Zoning Ordinance,the latest Municipal Stormwater Permit issued to
the City by the Regional Water Quality Control Board,this Subdivision Ordinance, any other ordinance
of the City,and the Subdivision Map Act.
D. Conformance to City ordinance.
1. General. The approval, conditional approval or disapproval of the tentative tract map shall be based
on the ordinances, policies, and standards in effect on the date the application was determined to be
complete.
2. Requirements of other agencies. The applicant shall be responsible for complying with the tentative
map requirements of other agencies, as appropriate.
E. Referral. At any point in the review process and at his or her sole discretion,the Community Development
Director may transfer original hearing jurisdiction to the Planning Commission because of policy
implications, unique or unusual circumstances,or the magnitude of the project.
9.08.110 Appeals.
Appeals may be filed with,considered, and acted upon by the appeal body specified in Chapter 9.04 in accordance
with Section 66452.5 of the Government Code.
9.08.120 Extension of time for action or report.
Any of the time limits for action or report may be extended by mutual consent of the subdivider and the Community
Development Director, Planning Commission or, if applicable,the City Council in accordance with the requirements
of the Subdivision Map Act.
9.08.130 Effective period of approved tentative map.
A. Effective period. The approval or conditional approval of a tentative map shall be effective for 36 months
from the date of its approval by the Planning Commission,for tentative tract maps,or the Community
Development Director,for tentative parcel maps. Expiration of a tentative map shall terminate all
proceedings.
B. Statutory extensions and stays. The effective period of an approved or conditionally approved tentative
map,or a tentative tract map with multiple final maps,or a tentative map that is subject to a development
moratorium,or as otherwise provided in the Subdivision Map Act shall be extended or stayed in
accordance with applicable provisions of the Subdivision Map Act, including but not limited to Government
Code section 66452.6.
C. Litigation stay. The period of time specified above shall not include any period of time during which a
lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or
conditional approval of a tentative map only if a stay of the time period is approved by the City Council.
Within ten (10)days of the service of the initial petition or complaint upon the City,the subdivider shall, in
writing,to the Community Development Director, request a stay in the time period of the tentative map.
Within forty(40)days after receiving the request,the City Council shall either stay the time period for up to
five years or deny the requested stay. The request for the stay shall be a hearing with notice to the
subdivider and to the appellant/petitioner, and upon conclusion of the hearing,the City Council shall,within
ten (10)days,declare its findings.
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D. Discretionary extensions. Upon application of the subdivider during the effective period,the Planning
Commission may extend the expiration dates of approved or conditionally approved tentative subdivision
maps for a period or periods of up to 6 years pursuant to the provisions of Government Code section
66452.6(e).
E. Extensions related to development agreement. A tentative map on property subject to a development
agreement authorized by Government Code section 65864 may be extended for a period of time provided
in the development agreement, but not beyond the duration of the development agreement.
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Chapter 9.12
DESIGN
Sections:
9.12.010 General requirements.
9.12.020 Street alignment.
9.12.030 Street and alley grades and widths.
9.12.040 Blocks.
9.12.050 Parcels.
9.12.060 Grading.
9.12.070 Erosion and sediment control.
9.12.080 Flood hazards.
9.12.090 Exceptions.
9.12.010 General requirements.
In addition to meeting the specific requirements of this title,the design of the subdivision shall,to the satisfaction of
the advisory agency,conform to the land use, circulation and other policies of the City's General Plan and its
component elements and any other officially adopted specific plan or land development policy, and shall conform to
the Zoning Ordinance (Title 8),officially adopted standards for streets and roads,grading,erosion and siltation
control,seismic safety,and design standards adopted by utilities,fire protection,sanitary and flood control districts
in which the land division is located. The size and alignment of streets and walks and the location and configuration
of sites for lots,schools, parks, and similar facilities shall be coordinated with the anticipated requirements of the
future population,and the physical characteristics of the land.
9.12.020 Street alignment.
The centerlines of all streets and highways which are to be extended shall be the continuation of the centerlines of
existing streets and highways on adjacent and contiguous property. In cases in which the straight continuations are
not desirable,the centerlines may be continued by curves tangent at the intersection with the boundaries of the
proposed subdivision to the centerlines of existing streets or highways.
9.12.030 Street and alley grades and widths.
A. Grades of all streets and alleys shall be established so that the subdivision is properly drained and shall
conform as nearly as possible to the natural topography of the property. Minimum street grade is one-half
of one percent(0.5%),except where otherwise approved by the City Engineer. Maximum street grade is
twelve percent(12%),except where otherwise approved by the City Engineer.
B. Where a subdivision adjoins unsubdivided land, provision may be made for reasonable future access to the
acreage.
C. The widths of streets shall be based on the width of streets of which they are a continuation, but shall not
be less than those shown on the City's Standard Plans unless otherwise approved under a Planned
Development Zoning (Chapter 8.32)or established right-of-way lines(Chapter 7.68).
D. Minimum right-of-way widths of streets which are to be accepted into the City road system shall be as
shown on the City's Standard Plans or established right-of-way lines. Easements for construction and
maintenance of slopes in excavation or embankments outside the limits of street dedication may be
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required where topographical conditions make easements desirable.
9.12.040 Blocks.
A. Blocks shall not exceed one thousand three hundred fifty feet(1,350') in length unless the previous
adjacent layout or topographical conditions or the special design of the particular subdivision justify a
variation from the requirement. However, blocks in excess of one thousand three hundred fifty feet(1,350')
are allowed along arterial streets in order to reduce the number of intersections.
B. At street intersections,the block corners shall be rounded at the property line by a curve to provide at least
one hundred feet(100')sight distance diagonally between two(2)vehicles approaching the corner on
intersecting street centerlines;the radius of the curve shall be not less than twenty(20)feet.
9.12.050 Parcels.
A. Parcels shall be designed to meet or exceed the minimum standard for area, lot width, lot depth, and lot
frontage specified for the Zoning Ordinance(Title 8)for the zoning district in which the subdivision is
located.
B. Parcels,and the grading thereof,shall be of a size and shape to accommodate the uses that reasonably
could be expected to occur under applicable zoning with consideration given to the limitations of
topography and soil conditions,and the need for providing access, privacy and preserving natural features
of significance.
C. Parcels shall be designed to provide,to the extent feasible,for future passive or natural heating or cooling
opportunities within the subdivision.
9.12.060 Grading.
Subdivision grading shall conform with the intent,general requirements and lot design requirements of this chapter,
shall be consistent with recommendations contained in the soils and geologic investigation reports prepared for the
proposed subdivision, and subject to review and approval by the City Engineer,and shall specifically conform with
all design standards contained in the City's grading regulations set forth in Chapter 7.16.
9.12.070 Erosion and sediment control.
Erosion and sediment control facilities shall control and contain erosion-caused sediment deposits and provide for
the safe discharge of sediment-free stormwater into existing storm drain facilities and natural watercourses.
A. Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion.
B. Debris Basins. Debris basins shall be installed whenever and wherever necessary to protect the
subdivision and the properties below the subdivision from erosion and sedimentation.
C. Temporary Debris Basins. Temporary debris basins shall be installed prior to commencing grading
operation and shall be maintained until the permanent erosion and sediment control measures have been
installed and are fully effective.
D. Erosion and sediment control measures. These measures shall be consistent with the
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recommendations contained in the preliminary soils investigation report and the report evaluating the
geological conditions present,to the extent reviewed and approved by the City Engineer.
9.12.080 Flood hazards.
Where a subdivision is proposed which lies partially or totally within an area designated on a map prepared by a
governmental agency as having a special flood hazard,the subdivider shall make provisions to minimize damage to
structures and improvements, including those of public utilities. The subdivider shall provide adequate drainage to
reduce exposure to such hazards and shall design water supply and sanitary sewage systems to minimize
infiltration of floodwaters into the systems and prevent discharges of sewage and other contaminants into flood
waters.
9.12.090 Exceptions.
The advisory agency may, in the exercise of reasonable judgment,grant exceptions to the requirements of this
Chapter,for street alignment,grades,widths, lengths, block design, lot width and lot frontage,and to all subjects
referred to in Sections 9.12.060 and 9.12.070,as determined warranted by topographic limitations soil or geological
conditions,or other site-specific conditions that warrant special consideration as determined by the City Engineer.
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Chapter 9.16
IMPROVEMENTS
Sections:
9.16.010 Duty of subdivider to improve streets.
9.16.020 Required improvements.
9.16.030 Standards for improvements.
9.16.040 Improvement plans.
9.16.050 Inspection by City Engineer.
9.16.060 Cost of inspection.
9.16.070 Completion of improvements.
9.16.080 Supplemental improvement capacity.
9.16.090 Bridges and major thoroughfares.
9.16.010 Duty of subdivider to improve streets.
The subdivider may be required to improve all streets, highways, public ways and easements which are a part of
the subdivision, as well as improvements that may not be part of the subdivision but are affected by the subdivision.
9.16.020 Required improvements.
The required improvements shall include:
A. Streets and Roads.Grading, curbs and gutters, and surfacing of streets, highways and public ways, and
the drainage thereof.
B. Grading Lots.The grading of the lots and the drainage thereof as may be required by the design of the
approved tentative map.
C. Stormwater Control and Treatment. Stormwater control measures in compliance with the Municipal
Code,the latest Regional Water Quality Control Board Clean Water Construction General Permit,and the
latest Municipal Regional Stormwater NPDES Permit. The control and treatment measures shall reduce
erosion and sedimentation from entering the storm drain system from the subdivision site(point source).
D. Water Supply and Sanitary Sewer. Subdivisions shall be served with water and sanitary sewer
connections in the manner approved by the Dublin San Ramon Services District unless an alternative
design is proposed and approved by the City Engineer.
E. Utilities. Subdivisions shall be served by public utilities (gas,electricity, internet/cable/phone) unless an
alternative design is proposed and approved by the City Engineer.
F. Public Safety. Construction of such structures as may be necessary for public safety, including but not
limited to local neighborhood drainage,traffic safety signs and devices, and street lighting.
G. Fire Hydrants. Fire hydrants shall be furnished and installed as approved by the local water district, Fire
Marshal, and City Engineer.
H. Trails and bikeways. Trails and bikeways as designated on the general plan or applicable specific plan,
or the City's adopted bicycle and pedestrian master plan.
9.16.030 Standards for improvements.
Except as provided in Section 9.16.020,all improvements shall be constructed in accordance with standard
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engineering practice and in accordance with standard plans and specifications approved by the City.
9.16.040 Improvement plans.
Before beginning any construction or installation of improvements,a complete set of plans, profiles,cross sections,
and other drawings for all improvements,together with a complete set of detailed specifications for the work,shall
be submitted to the City Engineer for review and approval. All work shall be according to City standards and
specifications. The City Engineer shall be furnished,without cost,one or more complete sets of the signed plans as
required. No work shall commence without approved, signed plans.
9.16.050 Inspection by City Engineer.
The City Engineer shall have the right to enter upon the site of the work for the purpose of inspecting the same and
shall be furnished with samples of materials as he or she may require for the making of tests to determine the
acceptability of the materials.
9.16.060 Cost of inspection.
The subdivider shall pay to the City the actual cost for the inspection of the work and checking materials in
accordance with the City's Fee Schedule.
9.16.070 Completion of improvements.
Upon completion of improvements,the subdivider shall provide as-built drawings in the form required by the City
Engineer prepared by a civil engineer registered by the state of California and electronic files compatible with the
City's GIS system showing the subdivision as it has been completed. The subdivider shall also provide recorded
conditions,covenants and restrictions documents, and other documents pertinent to the development as
reasonably determined by the City Engineer.
9.16.080 Supplemental improvement capacity.
A. Requirement to supplement. As a condition of approval of a tentative map,there may be imposed a
requirement that improvements installed by the subdivider for the benefit of the subdivision contain
supplemental size,capacity, number or length for the benefit of property not within the subdivision and that
those improvements be dedicated to the public,subject to the reimbursement agreement provisions of
Sections 66486 and 66487 of the Subdivision Map Act.
B. Reimbursement Agreement. If such a requirement is imposed,the City shall enter into an agreement
with the subdivder to reimburse the subdivider for that portion of the cost of those improvements, including
an amount attributable to interest, in excess of the construction required for the subdivision. The City
Engineer shall determine the method for payment of the costs,which may include:
1. The collection from other persons, including public agencies, using such improvements for the
benefit of real property not within the subdivision, a reasonable charge for such use.
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.
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3. The establishment and maintenance of local benefit districts for the levy and collection of such
charge or costs from the property benefited.
9.16.090 Bridges and major thoroughfares.
A. Purpose. The purpose of this section is to make provisions for assessing and collecting fees as a
condition of approval of a final map or as a condition of issuing a building permit for the purpose of
defraying the actual or estimated cost of constructing bridges over waterways,freeways, railways,or
canyons or constructing major thoroughfares pursuant to Section 66484 of the Subdivision Map Act.
B. Definitions. For the purposes of this section,the following words and phrases shall have the following
meanings:
1. "Construction" means design,acquisition of right-of-way,administration of construction contracts,
actual construction and inspections.
2. "Major thoroughfare"means a roadway as shown in the Circulation and Scenic Highways Element
of the General Plan whose primary purpose is to carry through traffic and provide a network
connecting to the state highway system.
C. Payment of Fees Generally.
1. Prior to filing a final map which includes land within an area of benefit established pursuant to this
subsection,the subdivider shall pay or cause to be paid any fees established and apportioned to
such property pursuant to this section and any resolution adopted pursuant to this section for the
purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways,
freeways or canyons and/or constructing major thoroughfares.
2. Prior to the issuance of a building permit for construction on any property within an area of benefit
established pursuant to this section,the applicant for such permit shall pay or cause to be paid any
fees established and apportioned pursuant to this section for the purpose of defraying the actual or
estimated cost of constructing bridges over waterways, railways,freeways or canyons or
constructing major thoroughfares, unless such fees have been paid pursuant to subsection C.1 of
this section.
3. Notwithstanding the provisions of subsections C.1 and C.2 of this section:
a. Payment of bridge fees shall not be required unless the planned bridge facility is an
original bridge serving the area or an addition to any existing bridge facility serving the
area at the time of adoption of the boundaries of the area of benefit.
b. Payment of major thoroughfare fees shall not be required unless the major thoroughfares
are in addition to,or a reconstruction of,any existing major thoroughfares serving the area
at the time of the adoption of the boundaries of the area of benefit.
D. Consideration in Lieu of Fees. Upon application by the subdivider or applicant for a building permit,the
City Council may accept consideration in lieu of the payment of fees required pursuant to this section;
provided that the City Council first finds, upon recommendation of the Public Works Director,that the
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substitute consideration has a value equal to or greater than the fee;and provided further that the
substitute consideration is in a form acceptable to the City Council.
E. Public hearing. Prior to establishing an area of benefit, a public hearing shall be held by the City Council
at which time the boundaries of the area of benefit,the costs,whether actual or estimated, and a fair
method of allocation of costs to the area of benefit and fee apportionment,shall be established by
resolution,a certified copy of which shall be recorded. Notice of the public hearing shall be given pursuant
to Government Code section 65091 and shall include preliminary information related to the boundaries of
the area of benefit,estimated cost and the method of fee apportionment. The area of benefit may include
land or improvements in addition to the land or improvements which are the subject of any map or building
permit application considered at the public hearing.
F. Exemptions. Notwithstanding the provisions of subsection E of this section,the Council may provide an
exemption from payment of such fees in the resolution establishing the area of benefit and amount of fees.
G. Protest.
1. At any time not later than the hour set for hearing objections to the proposed bridge facility and/or
major thoroughfare,any owner of property to be benefited by the improvement may file a protest
against the proposed bridge facility or major thoroughfare or against the extent of the area to be
benefited by the improvements or against both of them. Such protests must be in writing and must
contain a description of the property in which each signer thereof is interested,sufficient to identify
such property, and, if the signers are not shown on the last equalized assessment roll as the
owners of such property, must contain or be accompanied by written evidence that such signers
are the owners of such property. All such protests shall be delivered to the City Clerk no later than
five p.m. (5:00 p.m.)on the day of the public hearing and no other protest or objections shall be
considered. Any protests may be withdrawn, in writing, by the owners making such protests, at
any time prior to the conclusion of the public hearing.
2. If there is a written protest filed with the City Clerk by the owners of more than one-half(1/2)of the
area of the property to be benefited by the improvement,and sufficient protests are not withdrawn
so as to reduce the area represented to less than one-half(1/2)of that to be benefited,then the
proposed proceedings shall be abandoned and the City Council shall not,for one (1)year from the
filing of that written protest,commence or carry on any proceedings for the same improvement,or
that portion thereof so protested against, under the provisions of this section.
H. Funds. Fees paid pursuant to this section shall be deposited into the City's capital projects fund. A
separate account within such fund shall be established for each bridge facility project or each major
thoroughfare project. Money in such accounts shall be expended solely for the construction or
reimbursement for construction of the improvement serving the area to be benefited and from which the
fees comprising the account were collected,or to reimburse the City for the cost of constructing the
improvement.
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Chapter 9.20
SURVEYS AND MONUMENTS
Sections:
9.20.010 Field survey.
9.20.020 Discrepancy.
9.20.030 Compiled map.
9.20.040 Accuracy required.
9.20.050 Remainder.
9.20.060 Ties to centerlines.
9.20.070 Boundary monuments.
9.20.080 Street monuments.
9.20.090 Monuments—interior lots.
9.20.100 Monuments—time for setting.
9.20.110 Monuments—inspection and approval.
9.20.120 California coordinate system.
9.20.010 Field survey.
A. A final map or a parcel map, prepared by or under the direction of a Licensed Land Surveyor(Land
Surveyor)or a Civil Engineer Licensed prior to 1982(Civil Engineer), based upon a field survey shall be
made in conformity with the Professional Land Surveyor's Act. (Business and Professions Code§§8700-
8805)and the Subdivision Map Act.
B. An accurate and complete boundary shall be made of the land to be included on the final map or parcel
map. The map shall show the location of each parcel and its relationship to any and all surveys prepared in
the area.
9.20.020 Discrepancy.
A. Whenever the field survey indicates a discrepancy from previously recorded data,the record bearing or
dimension shall be shown in parentheses with the referenced recorded map information and in the same
basis of bearings as the survey along with the field dimension.
B. When the discrepancy is major and causes a conflict to title, the land surveyor,civil engineer and
subdivider shall take appropriate action to clear said title prior to the filing of the map.
9.20.030 Compiled map.
A. A parcel map may be compiled from a recorded or filed map if all of the following conditions exist:
1. The compiled map is based on a final map or parcel map filed in the Office of the County Recorder
after January 1, 1964,or on a record of survey filed in the Office of the County Recorder after January
1, 1964, and prior to January 1, 1982,or on another final map, parcel map,or record of survey subject
to prior approval of the City Engineer.
2. The parcel map complies with Government Code section 66448 of the Subdivision Map Act.
3. No material discrepancy exists within the recorded or filed map information shown on the compiled
map.
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4. All of the exterior boundary lines are indicated by field bearings and distance on the compiled map.
5. Sufficient survey information exists on the compiled map to locate and retrace the exterior boundary
lines.
6. At least one of these boundary lines can be established from an existing monumented line which is
shown on the compiled map.
9.20.040 Accuracy required.
An accurate and complete boundary closure shall be made of the land to be divided.A traverse of the exterior
boundaries of the tract or parcel and of each block and lot or parcel when computed, must close within an
acceptable limit of error(not less than 1 part in 25,000).
9.20.050 Remainder.
A. If the remainder of the original parcel shown on the parcel map has a gross area of five(5)acres or more,
the remainder may be a field survey or may be indicated by deed bearings and distance shown in brackets;
the bearings shall be on the same basis of bearings as the survey and the distances shall be in feet and
designated as being a"non-surveyed remainder."
B. Designation of remainder parcels shall be as prescribed per Government Code section 66424.6.
9.20.060 Ties to centerlines.
Whenever the City Engineer has established the centerline or monumented offset line of a street or alley,ties shall
be made to that centerline or monument line and any monument or reference point thereon.
9.20.070 Boundary monuments.
A. At the time of making the survey for the final map or parcel map,the land surveyor or civil engineer shall
set sufficient durable monuments to conform with the standards described in the California Business and
Professions Code section 8771 and California Government Code section 66495,so that another land
surveyor or civil engineer may readily retrace the survey. If the timing for setting these monuments is
designated on the final map or parcel map,security as set forth in California Government Code§Section
66496 will be made, by the subdivider,with the City Engineer prior to the recording of the Final map or
Parcel map.
B. All monuments necessary to establish the exterior boundaries of the subdivision shall be set,or witness
thereto, and shall be sufficient in number together with existing monuments of record for the perpetuation or
facile reestablishment of any point or line of the exterior boundary.
C. Exterior boundary monuments set shall be durable in nature,such as an iron pipe, and efficiently placed so
as not to be readily disturbed.
9.20.080 Street monuments.
A. The engineer or surveyor shall set permanent interior monuments in the street areas, located so as to
define the street lines bounding each block. Due consideration shall be given to visibility of monuments,
one from another,for the purposes intended.
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B. Permanent monuments on public and private streets shall conform to the approved Standards Plans of the
city for concrete monument for use on subdivision projects.
9.20.090 Monuments—Interior Lots
A. Interior parcel or lot line monuments shall be set or witness thereto as required in the Business and
Professions Code and Government Code section 8700-8805.
B. Interior monuments or witness monuments as designated upon the final map or parcel map shall be as
prescribed on the map and set as stated in the surveyor's statement on the final map or parcel map.
9.20.100 Monuments—Time for setting.
A. Exterior boundary, Street Monuments and interior lot monuments shall be set as prescribed in the
Surveyors Statement on the Final map or Parcel map.
B. At least one exterior boundary line of the land being subdivided shall be adequately monumented or
referenced before the map is recorded.
C. Monuments may be designated to be set after approval of the final map or parcel map provided that they
are set not later than the time of acceptance of improvements and adequate monument security is filed with
the city prior to City Engineer approval and certification of the map.
D. When Exterior Boundary Monuments,Street Monuments and Interior Monuments are not set at the time of
recording of the final map or parcel map,the land surveyor or civil engineer shall certify on the map the
date the monuments will be established, and the subdivider shall deposit with the City a security in an
amount sufficient to cover the cost of setting such monuments, as determined by the City Engineer.
9.20.110 Monuments—Inspection and approval.
A. All monuments shall be subject to inspection and approval by the City Engineer.
B. Within five days after the selling of all monuments as shown on the final map or parcel map has been
completed by the land surveyor or civil engineer,written notice shall be given to the subdivider and the City
Engineer that the final monuments have been set. Written notice to the City Engineer shall certify that all
monuments have been set under the direction of the land surveyor or civil engineer as shown on the
recorded final map or parcel map and within the tolerances specified in Section 9.20.040. Written
notification regarding payment for the setting of the monuments shall be provided in accordance with
Government Code section 66497.
9.20.120 California coordinate system.
Whenever the City Engineer has an approved system of California coordinate monuments,the field survey shall be
tied into the approved monuments.
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CHAPTER 9.24
FINAL MAPS AND PARCEL MAPS
Sections:
9.24.010 General.
9.24.020 Phasing of final maps.
9.24.030 Form.
9.24.040 Contents.
9.24.050 Procedure.
9.24.060 Data and material to accompany final map or parcel map submittal.
9.24.070 Improvement Agreements.
9.24.080 Action on final map.
9.24.090 Action on parcel map.
9.24.100 Appeal of final map or parcel map to City Council.
9.24.110 Action on final map or parcel map appeal by City Council.
9.24.010 General.
The form, contents,accompanying data and filing of the final map and parcel map shall conform to the provisions of
this chapter. The final map or parcel map shall be prepared by a registered civil engineer or licensed land surveyor.
9.24.020 Phasing of final maps or parcel maps.
A. Multiple final or parcel maps relating to an approved or conditionally approved tentative map may be filed
prior to the expiration of the tentative map if the subdivider,at the time the tentative map is filed, informs the
Community Development Director of the subdivider's intention to file multiple final or parcel maps on the
tentative map. In providing the notice,the subdivider shall not be required to define the number or
configuration of the proposed multiple maps. The proposed phasing shall be reviewed by the advisory
agency as part of the tentative map review and approval.
B. The filing of a final or parcel map on a portion of an approved or conditionally approved tentative map shall
not invalidate any part of the tentative map. Each final or parcel map which constitutes a part,or unit,of
the approved or conditionally approved tentative map shall have a separate subdivision number. For a
phased final map,the subdivision improvement agreement executed by the subdivider shall provide for the
construction of improvements as required by the City Engineer to constitute a logical and orderly
development of the whole subdivision. For a phased parcel map,the advisory agency may impose
reasonable conditions related to filing multiple parcel maps.
C. The filing of any phased final or parcel map shall not extend the expiration date of the approved or
conditionally approved tentative map to which the final or parcel map relates,except as provided in the
Subdivision Map Act, including Government Code section 66452.6(a).
9.24.030 Form.
The form of the final map or parcel map shall conform to the requirements of the Subdivision Map Act and as
follows:
A. The final map or parcel map shall be legibly drawn,printed or reproduced by a process guaranteeing a
permanent record in black on polyester-base film. Statements, affidavits and acknowledgments may be
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legibly stamped or printed upon the map with opaque ink. If ink is used on polyester-based film,the ink
surface shall be coated with a suitable substance to assure permanent legibility.
B. The size of each sheet shall be 18 by 26 inches. The scale of the map shall be one(1)inch equals forty
(40)feet or less, unless otherwise approved by the City Engineer.
C. All printing or lettering on the map shall be a minimum of one-eighth (1/8) inch in height, unless done in
type,then lettering shall be a minimum of one-tenth (1/10) inch in height, and of such shape and weight as
to be readily legible on print reproductions.
9.24.040 Contents.
The contents of the final or parcel map shall conform to the requirements of the Subdivision Map Act and as follows
A. Title block. Each sheet of the map shall contain a title, consisting of the subdivision number, but no
commercial name or title shall appear on the map as a designation. Below the number shall appear"City of
Dublin,Alameda County,California",the name of the surveyor or firm, county and state,the scale and date.
If the subdivision is a condominium project,the statement"A Condominium Project,"or"For Condominium
Purposes"shall appear beneath the subdivision number.
B. Title sheet. The title sheet shall show the title block;owner's certificate;acknowledgements;surveyors'
certificate;City Engineer's certificate;County Recorder's certificate; language stating"A subdivision of',
being the name, and legal designation of the subdivision in which the survey is located and any other
statements or notes that are required.
C. Map sheet. Every sheet comprising the map shall show the title block, north arrow, legend, basis of
bearings,sheet number and number of sheets comprising the map
D. Exterior boundary. The exterior boundary of the land included within the subdivision shall be indicated by
the following symbol: a long line (minimum one-half(1/2) inch in length)followed by three(3)short lines
(maximum one-eighth (1/8)inch each in length).
E. Lot and Parcel Numbers. Lots or parcels shall be numbered in numerical order starting from numeral "1"
and continue consecutively throughout the map,with no omissions or duplications. Circles,squares or
other geometrical figures shall not be drawn around the letter or numbers. Each block shall be shown
entirely on one sheet;each lot or parcel shall be shown entirely on one sheet, unless otherwise approved
by the City Engineer.
F. Lands for public use or for private use-designations. The map shall particularly define,delineate and
designate all lots or parcels intended for sale or reserved for private purposes;all parcels offered for
dedication for any purpose, public or private; and any private streets,with all dimensions, boundaries and
courses clearly shown and defined in every case. Dimensions of lots or parcels shall be given as the net
dimensions only to the boundaries of adjoining streets that will be accepted for dedication or where the
street is held in fee by the city. No ditto marks shall be used. Parcels offered for dedication but not
accepted, as well as common parcels offered for private use,shall be designated by letter,and private
streets offered but not accepted for dedication shall be labeled,"Private Street."
G. Lands for public use—Offer of dedication. All parcels of land shown on any map and intended for any
public use shall be offered for dedication for public use except those parcels,other than streets,which are
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intended for the exclusive use of the lot owners in the subdivision,their licensees,visitors, and tenants.
H. Streets—Side Lines-Widths. The map shall show the monument lines and side lines of all streets,the
total width of all streets,the width of the portion being dedicated and the width of existing street, and the
widths each side of the monument line, also the width of railroad rights-of-way appearing on the map.
I. Easements-Descriptions. The map shall show the side lines of all easements to which the lots are
subject. Easements shall be clearly labeled and identified,and if already of record,the record reference
given. If any easement of record is not definitely located, a statement of the easement shall appear on the
title sheet. The width, lengths and bearings of the lines showing the easements shall be sufficient to
definitely locate the easement with respect to the subdivision. If the easement is being dedicated by the
map, it shall be properly set out in the owner's certificate of dedication.
J. Dedications. Dedications or offers of dedication shall be made either by certification on the map or by
separate instrument. If dedications or offers of dedication are made by separate instrument,the dedication
or offers of dedication shall be shown on the map and shall be recorded concurrently with,or prior to,the
map being filed for record.
K. Street Names. The names of all streets,alleys or highways within or adjoining the subdivision shall be
shown. In order to avoid duplication, names to be used on new streets shall be subject to the approval of
the Community Development Director. If any designation by number,they shall be spelled out completely,
using hyphens in such forms as"Twenty-Third Street." The words: "avenue,""boulevard,""place,"etc.,
shall be spelled out in full
L. Certificates,statements,and acknowledgements. All certificates,statements and acknowledgements
shall be made as required by Government Code section 66433 et seq.for final maps and by Government
Code section 66444 for Parcel maps.
M. Scale, North Point, and Basics of Bearings. There shall appear on each map sheet the scale,the north
point, and the basis of bearings based on Zone III of the California Coordinates,and the equation of the
bearing to true north. The basis of bearings shall be approved by the City Engineer.
N. Linear,Angular and Radial Data. Sufficient linear, angular and radial data shall be shown to determine
the bearings and lengths of monument lines,street centerlines,the boundary lines of the subdivision,the
boundary lines on every lot and parcel which is a part of the subdivision, and ties to existing monuments
used to establish the boundary. Arc length, radius and total central angle and radial bearings of all curves
shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.
0. Adjoining Properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision
number,or name when not identified by official number,and reference to the book and page of the filed
map showing such subdivision,and if no such subdivision is adjacent,then by the name of the owner,and
reference to the recorded deed by book page number for the last recorded owner of such adjacent
property.
P. City Boundaries. City boundaries which cross or join the subdivision shall be clearly designated.
Q. Monuments. The final map or parcel map shall show the location and description of all stakes,
monuments or other markers found on the ground or placed in making the survey of the subdivision and in
determining the boundaries thereof,with references sufficient for relocation. Whenever the City Engineer
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has established the center line of a street or alley adjacent to or in a proposed subdivision,the data shall be
shown on the final or parcel map indicating all monuments found and making reference to a field book or
map. If the points were reset by ties,the courses and detail of relocation data shall be shown.
9.24.050 Procedure.
Upon approval of the Tentative tract map or Tentative parcel map, prints of the final map or parcel map shall be
submitted to the City Engineer for his or her examination for conformance to the approved tentative map, local
ordinance,and the Subdivision Map Act.
9.24.060 Data and material to accompany final map or parcel map submittal.
The following data and material shall be provided with the final map or parcel map submittal to the City Engineer by
the subdivider or his or her agent. This list can be modified at the City Engineer's discretion.
A. A survey providing latitudes and departures and coordinates of the boundary, blocks, lots,or parcel and
monument lines of the subdivision, unless a compiled parcel map is submitted in accordance with section
9.20.030.
B. A minimum three(3)sets of prints of the map.
C. A copy of the record owner deed and/or those deeds used in the survey, i.e., senior, adjoiners and
easements.
D. Current title report,showing the legal owners at the time of submittal of the final or parcel map and showing
any deeds of trust.
E. Plans, cross-sections, profiles and specifications of the street improvements,grading,drainage facilities,
water,sanitary sewer improvements,stormwater management and erosion and sediment control measures
or structures and related drawings and specifications as the City Engineer may require.The plans and
drawings shall be drawn to a scale not to exceed one(1) inch equal forty(40)feet horizontal and one (1)
inch equal four(4)feet vertical, unless prior approval is granted by the City Engineer. Plans and drawings
shall be in the form specified by the City Engineer and shall be signed by a registered civil engineer.
H. The tracing of the map shall contain original signatures and shall be submitted for certification when notified
by the City Engineer.
I. The submittal of a parcel map or final map for a common interest development within the meaning of
Sections 1350 et seq.of the state Civil Code shall include the proposed declaration of covenants,
conditions and restrictions containing the provisions described in Section 1353 of the Civil Code,and all
other governing documents for the subdivision as are appropriate pursuant to Section 1363 of the Civil
Code. The submittal of a parcel map or final map for all subdivisions other than a common interest
development shall include any proposed declaration of covenants, conditions and restrictions. All
documents shall be subject to review and approval by the Community Development Director,City Engineer,
and City Attorney.
J. Any additional data or material as required by the City Engineer.
9.24.070 Improvement Agreements.
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A. Agreement required. Unless all required improvements have been completed and have been accepted by
the City, prior to the approval of the final map by the City Engineer,the subdivider shall execute and file an
agreement with the City to install all the required improvements, specifying the period within which
subdivider shall complete improvements to the satisfaction of the City and providing that, if subdivider fails
to complete the work within the specified period,the City may complete same and recover the full cost and
expense thereof from the subdivider. The agreement shall also provide for inspections of improvements by
the City Engineer and reimbursement of the City by the subdivider for the cost of such inspections. The
agreement shall also provide the City with the right to modify plans and specifications at the subdivider's
expense. The agreement may provide for progress payments to the subdivider from any deposit money
which the subdivider made in lieu of providing a surety bond or instrument of credit,as provided by
subsection B. No such progress payment shall be made for more than ninety percent(90%)of the value of
any installment of work,and each such installment of work shall be completed to the satisfaction of the City
Engineer.
B. Approval.The improvement agreement shall be reviewed and approved by the City Engineer provided all
requirements and standards of this Section are met. The City Engineer's action may be appealed to the
City Council as provided in Government Code section 66462(d). The City Council shall periodically review
this delegation of authority to the City Engineer.
C. Security required.The subdivider shall also file with the improvement agreement,to insure full and faithful
performance thereof, a bond, instrument of credit or cash,or security in an amount and form deemed
sufficient by the City Engineer to cover the cost of the improvements,engineering, inspections, and
incidental expenses, consistent with the provisions of this section. Such bond shall be executed by a
surety company authorized to transact a surety business in the State and must be approved by the City
Attorney as to form. Any improvement agreement,contract or act required or authorized by the Subdivision
Map Act or this Subdivision Ordinance,for which security is required,shall be secured in accordance with
Government Code section 66499 et seq.of the Subdivision Map Act and as provided below. No final map
shall be signed by the City Engineer or recorded until all improvement securities required by this section
have been received and approved.
D. Form of security.The form of security shall be one or the combination of the following at the option of and
subject to the approval of the City:
1. Bond or bonds by one or more duly authorized corporate sureties. The form of the bond or bonds
shall be in accordance with the Subdivision Map Act,specifically,Government Code sections
66499.1, 66499.2,66499.3 and 66499.4.
2. A deposit,either with the City or a responsible escrow agent or trust company, at the option of the
City,of money or negotiable bonds of the kind approved for securing deposits of public moneys.
3. An instrument of credit or letter of credit from one or more financial institutions subject to regulation
by the state or federal government and pledging that the funds necessary to carry out the act or
agreement are on deposit and guaranteed for payment.
4. Any other form of security as provided in Government Code section 66499.
E. Amount of security.A performance bond or other security in the amount of one hundred percent(100%)
of the total estimated construction cost to guarantee the construction or installation of all improvements
shall be required of all subdivisions. An additional amount of one hundred percent(100%)of the estimated
construction cost shall be required to guarantee payment to subdivider's contractor,subcontractors and to
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persons furnishing labor, materials or equipment for the construction or installation of improvements. As a
part of the obligation guaranteed by the security and in addition to the full amount of the security,there shall
be included costs and reasonable expenses and fees, including attorneys'fees, incurred by the City in
enforcing the obligations secured. The estimate of improvements costs shall be as approved by the City
Engineer and shall provide for:
1. Construction costs contingencies in an amount equal to ten percent(10%)of the estimated
construction costs.
2. Engineering and design costs in an amount equal to eight percent(8%)of the estimated construction
costs.
3. All utility installation costs or a certification acceptable to the City Engineer from the utility company that
adequate security has been deposited to ensure installation.
F. Warranty Security. Upon acceptance of the subdivision improvements by the City Engineer,the
subdivider shall provide security in the amount of twenty percent(20%)of the total original estimated
construction cost to guarantee the improvements against any defective work or labor done or defective
materials used in the performance of the improvements throughout the warranty period which shall be the
period of one year following the completion and acceptance of the improvements.
G. The City Engineer may authorize in writing the release of the performance security, in whole or in part, in
accordance with Government Code 66499.7. Release of improvement security shall be as follows:
1. The performance security shall be released only upon acceptance of the improvements by the City
Engineer and when an approved warranty security has been filed with the City Engineer
2. Security given to secure payment to the contractor,subcontractors and to persons furnishing labor,
materials or equipment shall be reduced or released in accordance with Government Code
66499.7(h).
3. The warranty security shall be released upon satisfactory completion of the warranty period,
provided: (i)all deficiencies appearing on the warranty deficiency list for the subdivision have been
corrected; and (ii) not less than twelve months have elapsed since the acceptance of the
improvements by the City Engineer. In the event the subdivider fails to complete all improvement
work in accordance with this Chapter,or, if the subdivider fails to reimburse the City for the cost of
inspections,engineering,and incidental expenses,the City may call on the surety for
reimbursement or shall appropriate from any cash deposit funds for reimbursement. In any such
case, if the amount of surety bond, instrument of credit, or cash deposit exceeds all cost and
expense incurred by the City, it shall release the remainder of such bond, instrument or credit,or
cash deposit and, if the amount of the surety bond, instrument of credit or cash deposit is less than
the cost and expense incurred by the City,the subdivider shall be liable to the City for such
difference.
H. There shall be no extension of time, progress payments from cash deposit,or release of surety, instrument
of credit or cash deposit except upon certification of the City Engineer that the work covered thereby has
been satisfactorily completed.
I. Upon completion of the improvements and City acceptance of the improvements required by agreement,
the subdivider shall provide improvement security for a period of one year to guarantee the work against
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any defective work or labor done,or defective materials furnished. The City Engineer shall be the
designated official for acceptance, release, and partial release of security pursuant to Government Code
section 66499.7 and 66499.8. The City Council shall periodically review this delegation of authority to the
City Engineer.
9.24.080 Action on final map.
A. Upon receipt of the final map submittal,the City Engineer shall check the submittal for correctness of
surveying data,the adequacy of certificates of dedication, compliance with conditions of approval of
tentative map,and any other matters or features which require checking in order to insure that the map
complies with the provisions of this Subdivision Ordinance and of the Subdivision Map Act.
B. The City Engineer shall notify the City Council at its next regular meeting after receipt of a final map
submittal that the City Engineer is reviewing the map for final approval.The City Clerk shall provide notice
of the City Engineer's pending decision on a final map by attaching and posting the notice with the City
Council's regular agenda and mailing the notice to interested parties who request notice.The City Engineer
shall approve or disapprove the final map within ten (10)days following the meeting of the City Council that
was preceded by the Clerk's notice.
C. If the final map conforms to all the requirements of this Subdivision Ordinance and the provisions of the
Subdivision Map Act, is in substantial compliance with the tentative subdivision map approved or
conditionally approved for the subdivision,and all conditions of the approved tentative subdivision map are
met,the City Engineer shall endorse his or her certificate on the map in the form prescribed by the
Subdivision Map Act and approve the map.The City Engineer, by written finding, may waive the
requirements of this subsection when the failure to conform is the result of a technical or inadvertent error
which in the determination of the City Engineer does not materially affect the validity of the map pursuant to
the provisions of Government Code section 66473.
D. The City Engineer shall accept, accept subject to improvement,or reject any offers of dedication of land for
public use that are made by a statement on the final map,and the City Clerk shall thereupon transmit the
final map to the County Clerk for submittal to the County Recorder; provided that the City Engineer shall
not endorse his or her certificate on or approve the map until the required improvements set forth in the
approval of the tentative map have been installed or the subdivider has entered into an agreement to install
such improvements as provided in Section 9.24.070 above.
E. If the final map does not conform with the requirements of this Subdivision Ordinance or the provisions of
the Subdivision Map Act,or is not in substantial compliance with the tentative subdivision map approved or
conditionally approved for the subdivision,or all conditions of the approved tentative subdivision map are
not met, the City Engineer shall disapprove the final map; provided,that a final map shall be disapproved
only for failure to meet or perform requirements or conditions which were applicable to the subdivision at
the time of approval of the tentative subdivision map;and provided further,that such disapproval shall be
accompanied by a finding identifying the requirements or conditions which have not been met or performed.
F. The City Council shall periodically review the delegation of final map authority to the City Engineer.
9.24.090 Action on parcel map.
A. The City Engineer shall take final action on parcel maps.
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B. The City Engineer shall approve the parcel map if it conforms to all the requirements of this Subdivision
Ordinance and the provisions of the Subdivision Map Act, is in substantial compliance with the Tentative
parcel map approved or conditionally approved for the subdivision,and all conditions of the approved
Tentative parcel map are met.
C. The City Engineer shall accept,accept subject to improvement,or reject any offers of dedication of land for
public use that are made by a statement on the parcel map,and the City Engineer shall thereupon transmit
the parcel map to the County Clerk for submittal to the County Recorder.
D. If the parcel map does not conform with the requirements of this Subdivision Ordinance or the provisions of
the Subdivision Map Act,or is not in substantial compliance with the Tentative parcel map approved or
conditionally approved for the subdivision,or all conditions of the approved Tentative parcel map are not
met, the City Engineer shall disapprove the parcel map; provided,that a parcel map shall be disapproved
only for failure to meet or perform requirements or conditions which were applicable to the subdivision at
the time of approval of the Tentative parcel map;and provided further,that such disapproval shall be
accompanied by a finding identifying the requirements or conditions which have not been met or performed.
E. Notwithstanding the foregoing,the City Engineer may approve a parcel map that is not in compliance with
this Subdivision Ordinance,the Subdivision Map Act or the approved or conditionally approved Tentative
parcel map,where the City Engineer finds that the failure of the parcel map is the result of a technical and
inadvertent error that does not materially affect the validity of the map.
9.24.100 Appeal to City Council
The City Engineer's decision to approve or disapprove the final map or parcel map may be appealed to the City
Council in accordance with Government Code section 66452.5
9.24.110 Action on final map or parcel map appeal by City Council
A. The City Council on appeal shall approve the final or parcel map if it complies in all respects with the
tentative map as approved, if the subdivider has fulfilled all the conditions imposed in connection with the
approval of the tentative map, and if the final or parcel map complies with all the requirements of the
Subdivision Map Act and this title applicable at the time of approval or conditional approval of the tentative
map.The City Council, by resolution, may waive the requirements of this subsection when the failure to
conform is the result of a technical or inadvertent error which in the determination of the City Council does
not materially affect the validity of the map pursuant to the provisions of Government Code section 66473.
B. If the final map or parcel map is approved on appeal,the City Council shall also accept, accept subject to
improvement,or reject any offers of dedication of land for public use that are made by a statement on the
final or parcel map.
C. The City Council may disapprove a final map or parcel map in accordance with Government Code section
66473.
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CHAPTER 9.28
DEDICATION OF LANDS FOR PARK AND RECREATION PURPOSES
Sections:
9.28.010 Authority.
9.28.020 Requirement.
9.28.030 Limitations.
9.28.040 Amount of land to be dedicated.
9.28.050 Calculation of in-lieu fees.
9.28.060 Credits.
9.28.070 Procedures.
9.28.080 Off-site dedication.
9.28.010 Authority.
This chapter is enacted pursuant to authority granted by Section 66477 of the Government Code and the general
police power of the City.
9.28.020 Requirement.
Each subdivider of the land classified by the Zoning Ordinance (Title 8)for residential use shall as a condition to
filing a final map or parcel map dedicate or reserve lands, pay fees in lieu thereof,or a combination of both,for
neighborhood and community park or recreational purposes. Requirements shall be established by the advisory
agency when acting on the tentative tract map or tentative parcel map in consultation with the City Public Works
Department or Parks and Community Services Department. Land or fees required under this chapter shall be
conveyed or paid directly to the City,which provides community-wide park and recreational services, upon approval
of the final map or parcel map.
9.28.030 Limitations.
A. The land,fees,or combination thereof are to be used only for the purpose of developing new or
rehabilitating existing neighborhood or community park or recreational facilities bearing a reasonable
relationship to use by future inhabitants of the subdivision.
B. The City shall develop a schedule specifying how,when, and where it will use the land or fees,or both, to
develop park or recreational facilities to serve the residents of the subdivision in a manner consistent with
the limitations of this chapter and the Subdivision Map Act. Any fees collected under this chapter shall be
committed within five (5)years after the payment of such fees or the issuance of building permits on one-
half(1/2)of the lots created by the subdivision,whichever occurs later. If such fees are not timely
committed,they shall be distributed and paid to the then record owners of the subdivision in the same
proportion that the size of their lot bears to the total area of all lots within the subdivision.
C. Park and recreational facilities shall be in accord with principles and standards of the parks and open space
element of the City's General Plan and the City's Parks and Recreation Master Plan.
D. Only the payment of fees may be required in subdivisions containing fifty(50) parcels or less,except that
when a condominium project,stock cooperative,or community apartment project,as those terms are
defined in Section 1351 of the Civil Code,exceeds 50 dwelling units,dedication of land may be required
notwithstanding that the number of parcels may be less than 50. In subdivisions larger than fifty(50)
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parcels,this requirement may be satisfied by dedicating land and/or payment of fees as determined by the
advisory agency.
E. The provisions of this chapter do not apply to commercial or industrial subdivisions or to condominium
projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building
which is more than five (5)years old when no new dwelling units are added.
9.28.040 Amount of land to be dedicated.
It is found and determined that the public interest,convenience, health,safety and welfare require that five (5)acres
of property for each one thousand (1,000)persons residing within the City be devoted to local park and recreational
purposes. The amount of land to be dedicated,or fees to be paid,shall bear a reasonable relationship to the use of
the park and recreation facilities by the future inhabitants of the subdivision. The amount of land to be dedicated
shall be the amount calculated from the following formula:
LAND=AxB
A. "A" means the park and recreation area required per dwelling unit, based on the type of dwelling units of
the proposed subdivision and the park area per one thousand (1,000)people of the city.
1. The park area of the City is determined to be 5.0 acres per one thousand (1,000)people,or.005
acres per person,which is further broken down to 3.0 acres per one thousand (1,000) people for
active community parks, 0.3 acres per one thousand (1,000)people for natural community parks,
and 1.7 acres per one thousand (1,000) people for neighborhood parks.
2. The park and recreation area required per dwelling unit,A, is established as follows:
a. Each dwelling unit is assigned 2.7 people.
Therefore:
A=2.7 x .0030= .0081 acres per unit(for active community parks)
A=2.7 x .0003= .0008 acres per unit(for natural community parks)
A=2.7 x .0017= .0046 acres per unit(for neighborhood parks)
A(Total)= .0135 acres per unit
B. "B" means the number of dwelling units in the proposed subdivision. For the purpose of this section,the
number of dwelling units in the proposed subdivision shall be determined as follows: In areas zoned for one
(1)dwelling unit per lot or parcel,the number of dwelling units shall equal the number of parcels indicated
on the final map or parcel map.When the subdivision is located in an area zoned for multiple dwelling units
per parcel,the number of dwelling units shall equal the maximum number of dwelling units allowed under
that zone. For residential condominium projects,the number of dwelling units shall equal the number of
condominium units indicated on the final map or parcel map. For planned development projects,the
number of dwelling units shall equal the number of dwelling units indicated on the approved planned
development plan.
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9.28.050 Calculation of in-lieu fees.
A. Where fees are required by the City to be paid in lieu of land dedication,such fees shall be equal to the fee
for"active community parks land","natural community parks land", and"neighborhood parks land"of the
City's Public Facilities Fee.
9.28.060 Credits.
A. If the subdivider provides park and recreational improvements to the dedicated land as authorized by the
advisory agency,the value of improvements may be a credit against fees or land dedication otherwise
required by this chapter.
B. As may be determined by the advisory agency,common interest developments,as defined in Section 1351
of the Civil Code,shall be eligible to receive a credit for the value of private open space and recreational
facilities in the subdivision not to exceed twenty-five percent(25%)of fees or land dedication otherwise
required by this chapter; provided,that:
1. Private open space and recreational facilities are at least one-half(1/2)acre in area with their
smallest dimension being at least one hundred (100)feet clear excluding yards and setbacks
normally required by zoning provisions;
2. Private open space and recreational facilities are owned and maintained by a homeowner's
association,are available to all residents of the subdivision without restriction,and are designated
for park and recreational purposes by recorded covenants which run with the land,and cannot be
defeated or eliminated without consent of the City Council;
3. Private open space and recreational facilities are suitable for active park and recreation purposes
taking into consideration such factors as shape,topography,access,and improvements proposed;
and
4. The private open space and recreational facilities are in accord with the principles and standards
for local parks contained in the parks and open space element of the City's General Plan and the
Parks and Recreation Master Plan.
9.28.070 Procedures.
A. Prior to approval of the tentative map for the subdivision,the advisory agency shall consider the report and
recommendation from the Parks and Community Services Commission or Parks and Community Services
Director, as the case may be, regarding the following:
1. The amount of land required;or
2. That a fee be charged in lieu of land and the amount of such fee;or
3. That a combination of land and fee be required;and the amount of such land and fee; and/or the
amount of credit granted pursuant to section 9.28.060, if any;and
4. The location of the park land and,where appropriate,the siting and conceptual design of the park
facilities appurtenant thereto,to be dedicated or used in lieu of fees.
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B. At the time of approval of the tentative map for the subdivision,the advisory agency shall determine
whether land, in-lieu fees,or a combination of land and fees,shall be dedicated andlor paid by the
subdivider.
C. The advisory agency may approve, modify or disapprove the recommendation of the Parks and Community
Services Commission or Parks and Community Services Director; provided, however, any modification of
the recommendation not previously considered shall first be referred back to the Parks and Community
Services Commission or Recreation Director for further report and recommendation. The Parks and
Community Services Director shall report back to the advisory agency within thirty(30)days.After the
receipt and consideration of the report,or after thirty(30)days have passed in the event no report is
received,the advisory agency may take action on the modification.
9.28.080 Off-site dedication.
Dedication of land outside of the subdivision may be authorized by the City in consultation with the Public Works
Department or Parks and Community Services Department by action on the tentative tract map or tentative parcel
map and be credited toward the developer's park land dedication requirement under this chapter.
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CHAPTER 9.32
UNDERGROUND UTILITIES
Sections:
9.32.010 Intent.
9.32.020 Utility distribution facilities to be placed underground.
9.32.030 Duty of subdivider.
9.32.040 Request for exception.
9.32.010 Intent.
The regulations of this chapter are intended to promote the safety and welfare for both the residents of subdivisions
and the public in general, and to prolong the economic life of subdivisions,enhance views and scenic attributes,
and enhance the general living environment.
9.32.020 Utility distribution facilities to be placed underground.
All existing and proposed utility distribution facilities within the subdivision and along project streets,except those
exempted by the regulations of the Public Utilities Commission,supplying electric,communication or similar or
associated services, installed in and for the purpose of supplying such service to any subdivision requiring the filing
of a parcel map or final map,shall be placed underground. Distribution facilities do not include metal poles used for
street lighting,traffic signals, pedestals for police and fire system communications and alarms, pedestal-mounted
meter cabinets,substations,and facilities used to carry voltages higher than thirty-five thousand (35,000)volts.
9.32.030 Duty of subdivider.
The subdivider is responsible for complying with all requirements of this chapter,and shall make the necessary
arrangements with the utility or communication companies involved for the installation of the facilities required by
Section 9.32.020 of this chapter.
9.32.040 Request for exception.
A. The subdivider may request an exception from the requirements of this chapter by submitting to the
advisory agency a statement describing fully the nature and extent of the exception at the time of the
Tentative tract map or Tentative parcel map application, and the reasons for which it is requested.
B. The request for the exception shall be reviewed and considered by the City Engineer. The request shall
present evidence that a balancing of the requirements of the public health,safety and general welfare with
the feasibility of meeting such requirements does not warrant the strict application of the requirements of
this chapter, by reason of economic feasibility,soil,topography, compatibility of surrounding area,and
future potential number of building sites affected. If the City Engineer determines that an exception is
warranted, a condition of approval shall be included for consideration by the advisory agency for the
Tentative tract map.
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CHAPTER 9.36
SCHOOL FACILITIES DEDICATION
Sections:
9.36.010 Dedication for elementary schools.
9.36.020 Dedication for interim school facilities.
9.36.010 Dedication for elementary schools .
A. Pursuant to Government Code section 66478, a subdivider who develops or completes the development of
one or more subdivisions shall dedicate to the school district such lands as the district board deems to be
necessary for the purpose of constructing schools necessary to assure the residents of the subdivision
adequate elementary school service.
B. The requirement of dedication shall be imposed at the time of approval of the tentative map. If,within 30
days after the requirement of dedication is imposed,the school district does not offer to enter into a binding
commitment with the subdivider to accept the dedication,the dedication requirement shall automatically
terminate.The required dedication may be made at any time before, concurrently with,or up to 60 days
after,the filing of the final map on any portion of the subdivision.The school district shall, if it accepts the
dedication, repay to the subdivider or to the subdivider's successors in interest the cost of the land plus the
cost of improvements and taxes as specified in Government Code§66478.This dedication requirement
shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years
prior to the filing of the tentative map.
9.36.020 Dedication for interim school facilities
A. Pursuant to school district notice and findings set forth in Government Code section 65971, residential
subdividers shall dedicate land or pay fees in-lieu thereof,or a combination of both,for interim,temporary
classroom facilities for elementary or high schools. The procedures for imposing and implementing this
dedication requirement shall be as set forth in Government Code sections 65970.
B. The City's General Plan provides for the location of public schools. Interim school facilities to be
constructed from fees or land required to be dedicated,or both,shall be consistent with the General Plan.
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CHAPTER 9.40
VESTING TENTATIVE MAP
Sections:
9.40.010 Authority and purpose.
9.40.020 Consistency.
9.40.030 Application.
9.40.040 Filing and processing.
9.40.050 Vesting on approval of vesting tentative map.
9.40.060 Development inconsistent with zoning—Conditional approval.
9.40.070 Applications inconsistent with applicable ordinances, policies,and standards.
9.40.080 Amendment to vesting tentative map.
9.40.090 Findings required for vesting tentative map approval.
9.40.010 Authority and purpose.
The purpose of this Chapter is to establish local procedures for the implementation of Government Code sections
66452 and 66498.1 related to vesting tentative maps.
9.40.020 Consistency.
No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is
inconsistent with the General Plan and any applicable specific plan or that is not permitted by the Zoning Ordinance
(Title 8)or other applicable provisions of this Code.
9.40.030 Application.
Whenever a provision of the Subdivision Map Act or this subdivision ordinance requires that a tentative map be
filed,a vesting tentative map may instead be filed.
9.40.040 Filing and processing.
A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and
reports and shall be processed in the same manner as set forth in this Subdivision Ordinance for a tentative map,
except as hereafter provided:
A. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words
"Vesting Tentative Map." All other submittal requirements identified in the Application Submittal
Requirements for a Tentative Map shall be submitted.
B. To ensure that any vested development rights are granted in compliance with the ordinances, resolutions,
policies and standards for the design and improvement of the subdivision,at the time a vesting tentative
map is filed, the subdivider shall also supply a statement that Site Development Review approval has been
granted,or, a complete application for site development review approval and plans have been filed, in
accordance with Chapter 8.104 of the Zoning Ordinance,which will be concurrently processed with the
vesting tentative map within the limitations of Government Code section 66498.8(d).
9.40.050 Vesting of development rights.
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In accordance with Government Code section 66498.1,approval or conditional approval of a Vesting Tentative
Map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies,
and standards in effect when the vesting tentative map application was deemed complete.
A. Expiration of vested rights. The rights conferred by this ordinance and Government Code section
66498.1 shall expire if a final map or parcel map is not approved prior to the expiration of the vesting
tentative map as provided in Section 9.08.130. If the final map or parcel map is timely approved,these
rights shall last for an initial period of two years beyond the recording of the final or parcel map.
B. Time extensions. The initial period for vested rights may be extended as follows.
1. At any time prior to the expiration of the initial time period,the subdivider may apply for a one-year
extension. The application shall be reviewed by the Community Development Director,who may
approve,approve with conditions or deny the request. If the extension is denied by the Community
Development Director,the subdivider may appeal that denial to the Planning Commission within fifteen
(15)days.
2. The initial time period shall be automatically extended by processing time for a complete application for
a grading permit or design or architectural review, in accordance with Government Code section
66498.5(c).
3.. If the subdivider submits a complete application for a building permit during the time extension periods
above,the rights conferred by this section shall continue until the expiration of that permit, or any
extension of that permit.
C. Subsequent approvals. An approved or conditionally approved vesting tentative map shall not limit the
City from imposing reasonable conditions on subsequent required approvals or permits necessary for the
development and authorized by the ordinances, policies,or standards in effect when the vesting tentative
map application was deemed complete.
9.40.060 Development inconsistent with zoning—Conditional approval.
A. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is
inconsistent with the Zoning Ordinance in existence at that time, that inconsistency shall be noted on the
map. The City may deny such a vesting tentative map or approve it conditioned on the subdivider,or his or
her designee,obtaining the necessary change in the Zoning Ordinance to eliminate the inconsistency. If the
change in the Zoning Ordinance is obtained,the approved,or conditionally approved,vesting tentative map
shall, notwithstanding Government Code section 66498.1(b), confer the vested right to proceed with the
development in substantial compliance with the change in the Zoning Ordinance and the map,as
approved.
B. The rights conferred by this section shall be for the time periods set forth in Section 9.40.060 above.
9.40.070 Applications inconsistent with applicable ordinances, policies and standards.
Notwithstanding any provision of this Subdivision Ordinance, a property owner or his or her designee may seek
approvals or permits for development which depart from the ordinances, policies and standards described in
Sections 9.40.060 and 9.40.070,and the City may grant these approvals or issue these permits to the extent that
the departures are authorized under applicable law.
9.40.080 Amendment to vesting tentative map.
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If the ordinances, policies or standards described in Section 9.40.060 are changed subsequent to the approval or
conditional approval of a vesting tentative map,the subdivider, at any time prior to the expiration of the vesting
tentative map pursuant to Section 9.08.130, may apply for an amendment to the vesting tentative map to secure a
vested right to proceed with the changed ordinances,policies or standards.An application shall clearly specify the
changed ordinances, policies or standard for which the amendment is sought.Any approval of the amended vesting
tentative map under this section shall not extend the effective periods of the vesting tentative map approval
established in section 9.08.130.
9.40.090 Findings required for Vesting Tentative Map approval.
The findings required to approve a Vesting Tentative Map application shall be the same as those to approve a
Tentative Map application with the addition of the finding that the Vesting Tentative Map complies with the
associated Site Development Review application required by Section 9.40.040.B.
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CHAPTER 9.44
MAP AMENDMENTS AND CERTIFICATES OF CORRECTION
Sections:
9.44.010 Map Amendments and Certificates of Correction.
9.44.010 Map Amendments and Certificates of Correction.
A. Authority. A final or parcel map may be amended in conformance with the provisions of the Subdivision
Map Act and this ordinance by a certificate of correction or an amending map for any of the purposes set
forth in Government Code section 66469 and subject to approval and certification by the City Engineer.
B. Form. The amended map or certificate of correction shall be proposed consistent with Government Code
section 66470.
1. Amended Maps shall be entitled"Amended [Final or Parcel] Map"and shall conform to the
requirements of Government Code section 66434 for a Final map or Section 66445(a-d)and (f-i)for a
Parcel map.
2. All corrections or omissions shall be boxed or clouded and the errors removed from the final or parcel
map with a certified statement by the surveyor providing, in general,a description of the correction or
omission being made, a list of affected sheets,the recording information of the original map,and the
name(s)of the fee owner(s)of the real property affected by the correction or omission on the date of
the filing or recording of the original recorded map.
C. Certification. The City Engineer shall examine the amended map or certificate of correction and if the only
changes made are those set forth in Government Code section 66469 and the map or certificate complies
with Government Code section 66470, he or she shall certify to this fact on the amended map or certificate
of correction in accordance with Government Code section 66471. Certification by the City Engineer
constitutes approval of the amended map or certificate of correction.
D. Recordation. The amending map or certificate of correction certified by the City Engineer shall be filed or
recorded in the office of the Alameda County recorder.
E. Dedications.The City Engineer may accept or reject dedications and offers of dedication that are made by
statement on the amended final map or amended parcel map.
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CHAPTER 9.48
REVERSION TO ACREAGE AND RESUBDIVISION
Sections:
9.48.010 Reversion to acreage.
9.48.020 Resubdivision and merger.
9.48.010 Reversion to acreage.
A. Authority. Subdivided real property may be reverted to acreage by motion of the City Council or by
petition of landowners, pursuant to Government Code section 66499.11 et seq.
B. Form. Petitions for reversions to acreage shall be entitled "Reversion to Acreage of
,"shall be in a form prescribed by the Community Development Director, and
shall contain the information required in Government Code section 66499.13.
C. Notice, hearing, approval. The City Council shall hold a public hearing on the proposed reversion to
acreage,with notice per Government Code sections 65090 and 65091. The City Council may approve the
reversion to acreage upon making the findings in Government Code section 66499.16 and with conditions
pursuant to section 66499.17.
D. Parcel map for reversion to acreage. A Parcel map may be filed and approved for a reversion to
acreage pursuant to Government Code section 66499.20.1. No tentative map shall be required.The City
Engineer is the advisory agency for the purpose of this subsection.
9.48.020 Resubdivision.
Subdivided lands may be merged and re-subdivided without reverting to acreage pursuant to Government Code
section 66499.20.2 by complying with all applicable provisions of the Subdivision Map Act and this ordinance.
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CHAPTER 9.52
LOT LINE ADJUSTMENTS
Sections:
9.50.010 Lot line ddjustments
9.50.010 Lot line adjustments.
A. Lot line adjustments shall comply with Section 66412(d)of the Subdivision Map Act.
B. Application.An application for a lot line adjustment shall be filed with the Community Development
Director for his or her examination for conformance to the general plan,applicable specific plans, adopted
zoning and building ordinances and the Subdivision Map Act.
C. Required documents. The following data and material shall be provided with a completed lot line
adjustment application:
1. Current title report for each lot involved in the lot line adjustment,showing the legal owners at the
time of submittal of the lot line adjustment application and showing any deeds of trust
2. Exhibit identifying the location of buildings,structures, utility service lines, parking lots and
driveways;the location of existing and proposed lot lines;the location of adjacent streets;setback
distance from buildings and structures to proposed lot lines
3. Plat, legal description, and lot closure calculations,signed and stamped by a Professional Land
Surveyor or qualified Registered Civil Engineer,for each new lot and the areas to be transferred
4. Any additional information required by the Community Development Director or City Engineer.
D. Approval. If the Community Development Director finds that the proposed lot line adjustment is in
conformance with the general plan, applicable specific plans,the zoning ordinance and building
ordinances,the Community Development Director may approve the lot line adjustment. The approved lot
line adjustment shall be reflected in a deed,which shall be recorded. A copy of the recorded deed shall be
filed with the Community Development Director. Failure to record the lot line adjustment shall be cause for
the denial of any project dependent on the lot line adjustment.
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CHAPTER 9.56
ENFORCEMENT
Sections:
9.56.010 Enforcement.
9.56.020 Effect of Approval or Conditional Approval of Map
9.56.010 Enforcement
A. Prohibition. The prohibitions in Government Code section 66499.30 shall apply to the sale, lease,
financing,construction or occupancy of any parcel or parcels of real property in the City of Dublin until and
unless all applicable requirements of this ordinance and the Subdivision Map Act have been complied with.
B. Penalty. Penalties for violation of this Subdivision Ordinance or the Subdivision Map Act shall be as
provided in Government Code section 66499.31.
C. Remedies,violations. Remedies and procedures for violations shall be as set forth in Government Code
sections 66499.32,66499.33, 66499.34 and 66499.36.
D. Certificate of Compliance. Any person owning real property or a vendee of that person pursuant to a
contract of sale of the real property may submit an application to determine whether the real property
complies with the provisions of this chapter and the Subdivision Map Act. The Community Development
Director and the City Engineer shall review the application. The City Engineer shall issue a certificate of
compliance or a conditional certificate of compliance in accordance with the provisions of Government
Code section 66499.35.
E. Judicial Action. Challenges to actions taken pursuant to this ordinance shall be governed by Government
Code sections 66499.37 and 66499.38.
9.56.020 Effect of Approval or Conditional Approval of Map.
Neither the approval nor conditional approval of any map shall constitute or waive compliance with any other
applicable provision of the Dublin Municipal Code, including the Dublin Zoning Ordinance, nor shall any such
approval authorize or be deemed to authorize a violation or failure to comply with any other applicable provisions of
the code.
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