HomeMy WebLinkAbout6.7 HrngNewSubdivOrdCITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: January 14, 1991
SUBJECT:
Public Hearing: Ordinance Enacting a Subdivision
Ordinance and Superseding Subdivision Ordinance as
Adopted by Ordinance No. 13
EXHIBITS ATTACHED:
RECOMMENDATION:~~/
1) Draft Ordinance
2) Existing Ordinance
3) Agency Mailing List
1) Open public hearing
2) Receive Staff presentation and public testimony
3) Question Staff and the public
4) Close public hearing and deliberate
5) Waive reading and ADOPT ordinance enacting a
subdivision ordinance and superseding subdivision
ordinance as adopted by Ordinance No. 13, 19-83,
33-85, 6-90, and Resolution No. 74-83.
FINANCIAL STATEMENT: None
DESCRIPTION: This proposed ordinance was introduced at the
December 10, 1990, City Council meeting. The existing Subdivision Ordinance
(Ordinance No. 13) was originally the Alameda County Subdivision Ordinance in
effect at the time the City was incorporated. The Subdivision Ordinance has
been updated four (4) times since adoption: Ord. 19-83 made minor revisions,
including the map submittal requirements and the powers of the Planning
Commission; Ord. 74-83 revised the formula for determining park and
recreation requirements; Ord. 33-85 added the vesting tentative map
provisions; Ord. 6-90 revised the submittal requirements of soils reports.
The new Ordinance is intended to replace the existing ordinances with a
single ordinance that reflects recent changes in State law, clarifies
existing procedures, and eliminates outdated references.
Proposed changes to the ordinance are as follows:
1)
The most immediate change that the new ordinance will bring about is the
determination of the amount of park land that will be required to be
dedicated as part of filing a Subdivision Map. The existing ordinance
requires 0.011 acres/dwelling unit for projects with subdivision lots
5,000 square feet or larger and 0.009 acres/dwelling unit for projects
with lots smaller than 5,000 square feet. The new ordinance would
require 0.016 acres/dwelling unit for detached single-family residential
units and 0.010 acres/dwelling unit for all other units.
Agencies are allowed to require a minimum of park land dedication per
1,000 population. If a city has an existing higher park land ratio, then
the allowable dedication may match the city's standard up to a maximum of
5 acres per 1,000 population.
Dublin's ratio is now in excess of the 5 acres/1,O00 population and the
proposed change in the Ordinance reflects this maximum. The change in
demographics has, however, lowered the number of people per household
which tends to offset the increased acreage ratio. The overall effect is
a slight rise in the required acres of park land dedication per dwelling
unit. (Section 8-7.3)
A more explicit procedure is being created to have the Parks and
Recreation Commission or the Recreation Director be required to report to
the Advisory Agency (Planning Commission) regarding the proposed location
of park facilities and the adequacy of in-lieu fees or parkland
COPIES TO:
ITEM NO. 6' ~ ~~ ~/O~O
dedications. If the recommendations of the Parks and Recreation
Commission/Recreation Director are proposed to be modified due to infor-
mation they did not have when they made their recommendation, then the
matter would have to be referred back to the Parks and Recreation
Commission/Recreation Director for a new report. (Section 8-7.6)
3) Existing Articles 10, 11 and 12 concerning the Vesting Tentative Maps are
being consolidated into one Chapter, 8-10.
4)
The proposed maximum grade for a street is being set at 12% with the
Advisory Agency able to authorize exceptions. The existing ordinance
does not contain maximum grades. (Section 8-3.2(a)).
s)
The definition of "Developable Acreage" is being added for purposes of
parkland in-lieu fees. The definition of "subdivision" is being deleted
because it was an exact duplicate of the definitions in the State
Subdivision Map Act. (Section 8-1.5)
A provision has been added for supplemental improvement capacity to
allow oversizing of facilities, such as streets and storm drains, and
reimbursement agreements from future developments. (Section 8-4.10)
7) Numerous minor modifications to improve clarity of the ordinance
provisions have been added.
The proposed ordinance was circulated internally to the City Departments and
to various public and private agencies that could be affected by the proposed
ordinance. Comments received were incorporated into the ordinance as
appropriate. The agencies from whom we requested comments have received
copies of the latest draft of the ordinance prior to the Council meeting.
Staff recommends that the City Council conduct a public hearing, deliberate,
waive the reading, and adopt the ordinance.
ORDINANCE NO, -90
AN ORDINANCE OF THE CITY OF DUBLIN
Enacting a Subdivision Ordinance
and Superseding Subdivision Ordinance as Adopted
by Ordinance No. 13
The City Council of the City of Dublin does ordain as follows'
Section 1 Chapter t is hereby added to Title 8 of the
Dublin Municipal Code to read as follows:
CITY OF DUBLIN SUBDIVISION ORDINANCE
CHAPTER 1 OF TITLE 8
CITY OF DUBLIN MUNICIPAL CODE
Article 1
General Provisions
8-1.0. Title.
the City of Dublin."
This Ordinance shall be called the "Subdivision Ordinance of
8-1.1. Purpose and Authority. This Ordinance shall regulate subdivision
within the incorporated area of the City of Dublin pursuant to the Subdivision
Map Act of the State of California.
8-1.2. Intent. It is the intent of this Chapter to promote the public
health, safety, and general welfare; to assure in the division of land
consistency with the policies of the City of Dublin General Plan, any applicable
Specific Plan of the City of Dublin, and with the intent and provisions of the
City of Dublin Zoning Ordinance; to coordinate lot design, street patterns,
rights-of-way, utilities and public facilities with community and neighborhood
plans~ to assure that areas dedicated for public purposes will be properly
improved initially so as not to be a future burden upon the community; to
preserve natural resources and prevent environmental damage; to maintain suitable
standards to insure adequate, safe building sites; and, to prevent hazard to life
and property. It is the intent of this Ordinance to comply in every regards to
the latest edition of the State of California's Subdivision Map Act. If any
provision of this Ordinance is in conflict with the Subdivision Map Act, the
provisions in the Map Act will prevail.
8-1.3. General Responsibilities. In addition to the specific responsi-
bilities set forth herein, the following agencies and officers, or their duly
authorized representatives, shall have the general responsibilities hereby
designated.
(a)
The Planning Commission is the Advisory Agency for the approval or
disapproval of Tentative Parcel Maps and Tentative Subdivision Maps.
The Planning Director or his designated representative, is the Advisory
Agency for any other subdivision matters and is responsible for
analyzing the design and coordinating the processing of proposed
subdivisions within the City departments and public agencies and, upon
appeal, reporting thereon to the City Council.
(b)
The City Engineer, as specified in the Subdivision Hap Act, is
responsible for determining if proposed subdivisions comply with
provisions of the Subdivision Map Act and this Chapter, reporting
whether the proposed improvements are consistent with the design and
improvement standards specified or referred to in this Chapter, for
the inspection and ultimate approval of all such improvements, and
for making recommendations on the granting of variances under
Section 8-3.10.
(c)
The County Health Officer is responsible for establishing requirements
for matters affecting public health.
(d)
The Building Official is responsible for enforcing the provisions of
this Chapter, except for such matters that are in the jurisdiction of
the City Engineer. For such purpose, the Building Official shall have
the power to issue citations, cease and desist orders and other
appropriate orders involving violations of provisions of this Chapter.
(e)
The Dublin San Ramon Services District (DSRSD) is responsible for
establishing and enforcing requirements for water supply, water
recycling, wastewater collection, wastewater treatment, and wastewater
disposal. This responsibility includes but is not limited to ensuring
the quality of the necessary infrastructure to provide these services,
the operation and maintenance of these facilities, and the inspection
of all the construction of these facilities which has the pontential to
impact the services provided.
8-1.4. Compliance.
(a)
No real property, or portion thereof, shown on the latest equalized
County assessment roll as a unit or contiguous units and lying wholly
or partially within the City of Dublin shall be divided into two or
more parcels for the purpose of sale, lease or financing, whether
immediate or future, unless prior thereto a Tentative Map is acted upon
and a Final Map or Parcel Map has been filed in accordance with the
provisions of this Ordinance, except for the cases of subdivision for
which the Advisory Agency waives the requirement for filing a Parcel
Hap based on the findings: (1) that the proposed subdivision complies
with requirements as to area, improvement and design, flood and water
drainage control, appropriate improved public roads, sanitary disposal
facilities, water supply availability, environmental protection, and
other requirements of this chapter; (2) that waiving the Parcel Map
will not be materially detrimental to the public welfare; and (3) that
filing of a Parcel Map would impose an unusual hardship to the
subdivider. (4) All adopted ultimate road right-of-way fronting or
through the parcels has been dedicated to or purchased by the City.
(b)
A Tentative Hap is required but no Parcel Hap or Final Hap is required
for the following cases of subdivision'
(~)
The subdivision results in parcels that each are of an area of
forty (40) acres or more or are quarter-quarter sections.
- 4
(2)
The subdivision is for the purpose of leasing commercially or
industrially zoned land for a period not exceeding five years.
The subdivision is for the purpose of conveying one or more
contiguous recorded parcels which were separate, legal building
sites when acquired by the property owner.
The subdivision is for the purpose of leasing for a short term
(terminable by either party on not more than 30 days' notice in
writing) of a portion of the operating right-of-way of a railroad
corporation defined as such by Section 230 of the Public Unilities
Code.
(5)
The subdivision is for conveyance of land to a public agency or
publc utility, or to a subsidiary of a public utility for
conveyance to such public utility for rights-of-way, unless a
showing is made in individual cases, upon substantial evidence,
that public policy necessitates such a Parcel Map.
(c)
No person shall sell or lease or contract to sell or lease any
subdivision, or any part thereof, until a Final Map or Parcel Map
thereof in full compliance with the provisions of this Ordinance has
been filed in the office of the Recorder of Alameda County, except for
the cases listed in (b) above for which only a Tentative Map need be
acted upon.
(d)
Any deed of conveyance, sale or contract to sell made contrary to the
provisions of this Ordinance is voidable to the extent allowable and in
the same manner provided for violation of the Subdivision Map Act.
(e)
Any sale, contract to sell, or deed of conveyance made contrary to the
provisions of this Ordinance is a misdemeanor and is punishable by a
fine of not less than one hundred dollars and not more than one
thousand dollars, or imprisonment in the County jail for a period of
not more than six months, or both.
(f)
At such time as the Building Official becomes aware of a land division
in violation of the provisions of this Chapter, he shall record a
notice of intention to record a notice of such violation in the office
of the County Recorder of Alameda County, describing the land so
divided, naming the owners thereof, and describing the violation, and
stating that an opportunity will be given to the owner to present
evidence. A copy of such notice will be mailed to the owner. The
notice shall specify a time, date, and place at which the oT~ner may
present evidence to the Advisory Agency why such notice should not be
recorded. If, after the o,~ner has presented evidence, it is determined
that there has been no violation, the Building Official shall record a
release of the notice of intention to record a notice of violation.
If, however, after the o'~er has presented evidence, the Advisory
Agency determines that the property has in fact been illegally divided,
or if within 60 days of receipt of such copy the owner fails to inform
the local agency of his objection to recording the notice of violation,
a notice of violation shall be recorded with the County Recorder. The
notice of intention to record a notice of violation and the notice of
violation, when recorded, shall be deemed to be constructive notice of
the violation to all successors in interest in such property. The
County recorder shall index the names of the fee owners in the general
index. Nothing in this section shall be deemed to require such
recording as a condition precedented to the enforceability of any other
provision of this Chapter.
Pursuant to the request of any person owning the real property, or
purchasers of the property under a contract of sale, the Planning
Director and City Engineer, upon the determination that the property
complies with provisions of the Subdivision Map Act and this Chapter,
shall record a Certificate of Compliance. If the property does not
comply, conditions may be applied as would have been applicable to the
subdivision creating the property. Upon applying such conditions, the
Planning Director shall record a conditional Certificate of Compliance.
Such certificate shall ser~e as notice to the property owner or vendee
who has applied for the certificate pursuant to this section, a grantee
of the property o~er, or any subsequent transferee or assignee of the
property that the fulfillment and implementation of such conditions
shall be required prior to subsequent issuance of a permit or other
grant of approval for development of the property. Compliance with
such conditions is not required until such time as a permit or other
grant of approval for development of such property is issued by the
local agency.
(h)
Neither the approval nor conditional approval of any Tentative Map
shall constitute or waive compliance with any other applicable
provision of the City of Dublin Ordinance Code, nor shall any such
approval authorize or be deemed to authorize a violation or failure to
comply with other applicable provisions of said Code.
8-1.5. Definitions
(a)
Ail words and terms used in this Chapter shall have the same meaning
as defined and used in the Subdivision Map Act, except as expressly
defined herein.
(b)
"Subdivider" means a person, firm, corporation, partnership, or
association, who proposes to divide, divides or causes to be divided
real property into a subdivision for himself or for others except that
employees and consultants of such persons or entities, acting in such
capacity, are not "subdividers."
(c) "Map" means either Parcel Map or Final Map.
"Developable Acreage" means the acreage that is being developed as part
of the subdivision in question as shown on the approved Tentative Xap.
It shall include the areas lotted for residential uses including
streets but does not include open space parcels such as creeks,
ridgelines, and other areas not allowed to be built upon by the General
Plan or other City policies.
(e)
A "Vesting Tentative Map" shall mean a "Tentative Map" for a resi-
dential subdivision, as defined in the Dublin Subdivision Ordinance,
that shall have printed conspicuously on its face the words "Vesting
Tentative Map" at the time it is filed in accordance with Sec. 8-10.4,
and is thereafter processed in accordance with the provisions hereof.
8-1.6. Validity. If any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid or unconstitutional by the
decision of any Court of competent jurisdiction, such decision shall not affect
the validity of the remaining porticns of this Ordinance. The City Council of
the City of Dublin, County of Alameda, State of California, hereby declares that
it would have passed this Ordinance and each section, subsection, sentence,
clause and phrase thereof, irrespective of the fact that any one or more section,
subsections, clauses or phrases be declared invalid or unconstitutional.
- 9
Article 2
Tentative Maps
8-2.0. Persons Authorized to Prepare. Ail Tentative Maps of subdivisons of
five or more lots shall be prepared by a registered Civil Engineer or licensed
Land Surveyor. Ail other Tentative Maps may be prepared by any person.
8-2.1. Final Map or Parcel Map Number. The Final Map or Parcel Map n~nber
shall be assigned by and obtained from the County Recorder.
8-2.2. Filing. The time of filing shall be the time at which an
application, the prescribed number of copies of the Tentative Map in the form
required and the filing fee are received by the Planning Director.
8-2.3. Form. The form of the Tentative Map and the number of copies
required for filing shall be prescribed by the Planning Director. (See
"Subdivision Map Submittal Requirement" hand-out.) The Planning Director may
authorize deletion or reduction of map requirements on the determination that
the map contains sufficient information to be evaluated adequately and preparing
it in the prescribed form would impose an unusual hardship upon the land divider.
8-2.4. Data and Material to Accompany Filing. For any subdivision into
five or more lots and, when required by the Advisory Agency, for any other
subdivision, the Tentative Map submittal shall include'
10
A preliminary grading plan prepared by a Civil Engineer registered by
the State of California.
(b)
A preliminary soils investigation report prepared by a Soils Engineer
who is a Civil Engineer registered by the State of California. This
report shall be submitted to the City Engineer for review. The City
Engineer may review the report and may require additional information
or may reject the report if it is found to be incomplete, inaccurate,
or unsatisfactory.
Said data and material shall be consistent with requirements and speci-
fications of the Dublin Grading Ordinance. Additional reports and data
may be required by the Planning Director when deemed necessary due to
scale of the proposed subdivision or presence of potential hazardeus or
environmentally sensitive conditions.
(c)
A report evaluating the geological conditions present, prepared by a
Geologist certified in Engineering Geology by the State of California.
(d) A "will serve" letter from the agency proposed to provide sewer and
water service to the proposed subdivision.
8-2.41. Hearing. The Advisory Agency shall conduct a noticed public
hearing on all subdivisions. Hearing procedures shall be established by the
Advisory Agency.
11
8-2.42. Public Notice. The Advisory Agency shall give a public notice of
the time and place of hearing on a subdivision by posting notices not less than
ten (10) days prior to the initial hearing on the matter. The notice shall
include a brief description of the location and design of the subdivision.
Notices shall be placed not more than 500 feet apart along each street abutting
the proposed subdivision extending at least 300 feet beyond the subdivision. In
event of an appeal, this form of public notice shall be given in addition to that
required under 8-2.7.
8-2.5. Action: Subdivision. The Advisory Agency shall approve, condition-
ally approve, or disapprove Tentative Maps of subdivisions within 50 days after
certification of the environmental impact report, adoption of a negative
declaration, or a determination by the Planning Director that the project is
exempt from the requirements of Division 13 (com~encing with gection 21000) of
the Public Resources Code. Conditions of approval may include, but are not
limited to dedication and improvement of streets, alleys, including access rights
and abutter's rights, drainage, public utility easements and other public
easements.
8-2.6. Conformance to City of Dublin Ordinance. No Tentative Map shall be
approved which is not in conformance with the provisions of this Chapter, the
City of Dublin Zoning Ordinance and any other Ordinance of the City of Dublin.
The applicant shall be responsible for attaining conformance with the Tentative
~[ap requirements of other agencies.
12
(a) A preliminary grading plan prepared by a Civil Engineer registered by
the State of California.
A preliminary soils investigation report prepared by a Soils Engineer
who is a Civil Engineer registered by the State of California. This
report shall be submitted to the City Engineer for review. The City
Engineer may review the report and may require additional information
or may reject the report if it is found to be incomplete, inaccurate,
or unsatisfactory.
Said data and material shall be consistent with requirements and speci-
fications of the Dublin Grading Ordinance. Additional reports and data
may be required by the Planning Director when deemed necessary due to
scale of the proposed subdivision or presence of potential hazardous or
environmentally sensitive conditions.
(c) A report evaluating the geological conditions present, prepared by a
Geologist certified in Engineering Geology by the State of California.
(d) A "will ser~e" letter from the agency proposed to provide sewer and
water service to the proposed subdivision.
8-2.41. Hearing. The Advisory Agency shall conduct a noticed public
hearing on all subdivisions. Hearing procedures shall be established by the
Advisory Agency.
11
8-2.42. Public Notice. The Advisory Agency shall give a public notice of
the time and place of hearing on a subdivision by posting notices not less than
ten (10) days prior to the initial hearing on the matter. The notice shall
include a brief description of the location and design of the subdivision.
Notices shall be placed not more than 500 feet apart along each street abutting
the proposed subdivision extending at least 300 feet beyond the subdivision. In
event of an appeal, this form of public notice shall be given in addition to that
required under 8-2.7.
8-2.5. Action: Subdivision. The Advisory Agency shall approve, condition-
ally approve, or disapprove Tentative Maps of subdivisions within 50 days after
certification of the environmental impact report, adoption of a negative
declaration, or a determination by the Planning Director that the project is
exempt from the requirements of Division 13 (commencing with Section 21000) of
the Public Resources Code. Conditions of approval may include, but are not
limited to dedication and improvement of streets, alleys, including access rights
and abutter's rights, drainage, public utility easements and other public
easements.
8-2.6. Conformance to City of Dublin Ordinance. No Tentative Map shall be
approved which is not in conformance with the provisions of this Chapter, the
City of Dublin Zoning Ordinance and any other Ordinance of the City of Dublin.
The applicant shall be responsible for attaining conformance with the Tentative
b[ap requirements of other agencies.
12
8-2.7. Appeals.
(a) The City Council shall be the Appeal Board.
(b)
As used herein, the term "interested person adversely affected" means
any City department, public agency, public utility, or any person
claiming that the decision is likely to result in personal economic
loss or damage to his property.
(c)
Within fifteen (15) calendar days after action, the subdivider may
appeal any action of the Advisory Agency to the City Council. Appeals
to the City Council shall be submitted in writing to the City Clerk.
Said appeals shall reference the Tentative Map number and shall state
fully the nature and extent of the appeal and the reasons why it is
taken. Such appeal and the hearing thereon shall be conducted in the
manner provided by Government Code Section 66452.5(a) and (b) and
subsection (f) of this section.
(d)
Any interested person adversely affected by a decision of the Advisory
Agency may file a complaint on a form to be provided by the City
Planning Department with the City Clerk concerning such decision. Any
such complaint shall be filed with the Clerk within fifteen (15)
calendar days after the action which is the subject of the complaint.
The Appeal Board may, in its discretion, reject the complaint within
13
fifteen (15) calendar days or set the matter for public hearing. If
the Board rejecns the complaint, the complainant shall be notified of
such action by the City Clerk.
(e)
Any interested person may appeal any decision of the Advisory Agency
relative to the provisions of Government Code Sections 66473.5, 66474,
66474.1 and 66474.6 to the City Council. Such appeal and the hearing
thereon shall be conducted in the manner provided by Government Code
Section 66452.5(a) and (b), and the subsection (f) of this section.
(f)
Whenever a public hearing is held pursuant to this section, it shall be
conducted as required by Government Code Section 66451.3. Notice of
the time and place thereof, and a general description of the location
of the proposed subdivision shall be given at least ten (10) days
before the hearing by publication once in a newspaper of general
circulation in the City of Dublin. Any interested person may appear
at such hearing and shall be heard.
8-2.8. Time for Action or Report. Any of the time limits for action or
report may be extended by mutual consent of the subdivider and the Advisory
Agency. Failure of the Advisory Agency or appeal board to act within the time
limits specified herein or in the Subdivision Map Act shall be remedied as speci-
fied in the Subdivision Map Act for inaction on Tentative Maps of subdivisions.
14 -
8-2.9. Effective Period. The approval of a Tentative Map shall be
effective for two and one half years, or for such shorter period as may be
specified by the Advisory Agency in approving the Tentative Map. Upon appli-
cation of the subdivider during the effective period, an extension of the
effective period up to three years may be granted or conditionally granted by
the Planning Commission, which is designated the Advisory Agency for this
purpose, upon the determination that circumstances under which the map was
approved have not changed to the extent which would warrant a change in the
design or improvement of the Tentative Map. Expiration dates of approved
Tentative Maps may be extended pursuant to the provisions of Government Code
Sec. 66452.6(a).
- 15 -
Article 3
Design
8-3.0. General Requirements. In addition to meeting the specific
requirements of the article, the design of the subdivision shall, to the
satisfaction of the Advisory Agency, conform to the land use and circulation
policies of the City of Dublin General Plan and its component elements and any
other officially adopted specific plan or land development policy, and shall
conform to the City of Dublin Zoning Ordinance, officially adopted standards for
streets and roads, grading, erosion and siltation control, seismic safety, and
design standards adopted by the utility, fire protection, sanitary and flood
control districts in which the land division is located. The size and alignment
of streets and walks and the location and configuration of sites for lots,
schools, parks, and similar facilities shall be coordinated with the anticipated
requirements of the future population, the physical characteristics of the land,
and the environmental requirements of the surrounding community to produce an
optimum human habitat.
8-3.1. Street Alignment. The center lines of all streets and highways
which are to be extended shall be the continuation of the center lines of exist-
ing streets and highways in adjacent and contiguous territory. In cases in which
the straight continuations are not desirable, the center lines may be continued
by curves tangent at the intersection with the boundaries of the proposed
subdivision to the center lines of existing streets or highways.
16
8-3.2. Street and Alley Grades and Widths:
Grades of all streets and alleys shall be established so that the
subdivision is properly drained and shall conform as nearly as possible
to the natural topography of the property. Minimum street grade is 1%.
Maximum street grade is 12%.
(b) Where a subdivision adjoins acreage, provision may be made for
reasonable future access to the acreage.
(c)
The widths of streets shall be based on the width of streets of which
they are a continuation, but shall not be less than those shown on the
City's Standard Plans unless otherwise approved under a planned
development zoning or established right-of-way lines (Chapter 7.68).
Minimum right-of-way widths of streets which are to be accepted into
the City Road System shall be as shown on the City's Standard Plans
or established right-of-way lines. Easements for construction and
maintenance of slopes in excavation or embankments outside the limits
of street dedication may be required where topographical conditions
make easements desirable.
17 -
8-3.3. Blocks.
(a)
Blocks shall not exceed one thousand three hundred and fifty (1,350)
feet in length unless the previous adjacent layout or topographical
conditions or the special design of the particular subdivision justify
a variation from the requirement. Blocks in excess of 1,350 feet shall
be provided adjacent to main thoroughfares in order to reduce the
number of intersections.
(~)
At street intersections the block corners shall be rounded at the
property line by a curve to provide at least one hundred (100) feet
sight distance diagonally between two (2) vehicles approaching the
corner on intersecting street center lines: the radius of the curve
shall be not less than twenty (20) feet.
8-3.4. Lots.
Lots shall be designed to meet or exceed the minimum standard for area,
median lot width, and effective lot frontage specified for the City of
Dublin Zoning Ordinance for the zoning district in which the
subdivision is located.
Lots, and the grading thereof, shall be of a size and shape to accommo-
date the uses that reasonably could be expected to occur under existing
zoning with consideration given to the limitations of topography and
soil conditions, and the need for providing access, privacy and
preserving natural features of significance.
8-3.5. Grading. Subdivision grading shall conform with the intent, general
requirements and lot design requirements of this chapter, shall be consistent
with recommendations contained in the soils-geologic investigation report, and
shall specifically conform with all design standards and criteria contained in
the City of Dublin Grading Ordinance. Ail such design standards and criteria are
incorporated herein by reference.
8-3.6. Erosion and Siltation Control. Erosion and siltation control
facilities shall control and contain erosion-caused silt deposits and provide for
the safe discharge of silt-free storm waters into existing storm drain facilities
and natural water courses.
(a) Slopes. The faces of cut and fill slopes shall be prepared and
maintained to control against erosion.
(~)
Debris Basins. Debris basins shall be installed whenever and wherever
necessary to protect the subdivision and the properties below the
subdivision from erosion and siltation.
19
(c)
Temporary Debris Basins. Temporary debris basins shall be installed
prior to commencing grading operation and shall be maintained until the
erosion and siltation control measures have been installed and are
fully effective.
Erosion and siltation control measures shall be consistent with the
recommendations contained in the preliminary soils investigation report
and the report evaluating the geological conditions present.
8-3.7. Flood Hazards. Where a subdivision is proposed which lies partially
or totally within an area designated on a map prepared by a governmental agency
as having a special flood hazard, the subdivider shall make provisions to
minimize damage to structures and improvements, including those of public
utilities. The subdivider shall provide adequate drainage to reduce exposure
to such hazards and shall design water supply and sanitary sewage systems to
minimize infiltration of flood waters into the systems and prevent discharges
of sewage and other contaminants into flood waters.
8-3.8. Dedications. The Advisory Agency may require dedications or offers
of dedication for any purpose specified in Article 3 of Chapter 4 of the
Subdivision Map Act subject to the procedures and qualifications specified
herein.
20 -
8-3.9. Reservations.
General. As a condition of approval of a Tentative Map, the subdivider
shall reserve sites, appropriate in area and location, for parks,
recreational facilities, fire stations, libraries, water, water
recycling and wastewater facilities, or other public uses according
to the standards and formula contained in this section.
(b)
Standards for Reservation of Land. ~P~ere a park, recreational
facility, fire station, library, water, water recycling and wastawatar
facilities, or other public use is sho~ on the General Plan or an
adopted specific plan, the subdivider may be required by the City to
reserve sites as so determined by the City in accordance with the
policies and standards contained in the General Plan or the siopted
specific plan. The reserved area must be of such size and shape as to
permit the balance of the property within which the reservation is
located to develop in an orderly and efficient manner. The amount of
land to be reserved shall not make development of the remaining land
held by the subdivider economically infeasible. The reserved area
shall be consistent with the General Plan or the adopted specific plan
and shall be in such multiples of streets and parcels as to permit an
efficient division of the reserved area in the event that it is not
acquired within the prescribed period.
21
(c)
Procedure. The public agency for whose benefit an area has been
reserved shall, at the time of approval of the Final Map or Parcel Map,
enter into a binding agreement to acquire such reserved area within two
(2) years afner the completion and acceptance of all improvements,
unless the period of time is extended by mutual agreement.
(d)
Payment to Subdivider. The purchase price for the reserved area shall
be the market value thereof at the time of the filing of the Tentative
Map plus the taxes against the reserved area from the date of the
reservation and any other costs incurred by the subdivider in the
maintenance of the reserved area, including interest costs incurred
on any loan covering the reserved area.
Termination. If the public agency for whose benefin ~a area has been
reserved does not enter into a binding agreement in accordance with
this section, the reservation of the area shall automatically
terminate.
8-3.10. Advisory Agency May Authorize Exceptions. The Advisory Agency may,
in the exercise of reasonable judgment, grant variances to the requirements of
this Chapter, for street aligpment, grades, widths, lengths, block design, median
lot wia~h and e££ective lot frontage, and to all subjects referred to in Sections
8-3.5. and 8-3.6. as is determined warranted by topographic limitations or soil
or geological conditions, the opportunity for more effective and desirable land
utilization, or the showing that under the particular circumstances an alternate
standard would meet or surpass the intent of the given requirement.
- 22 -
Article 4
Improvements
8-4.0. Duty of Subdivider to Improve Streets, Etc. The subdivider may be
required to improve all streets, highways, public ways and easements which are
a part of the subdivision, as well as improvements that may not be part of the
subdivision but are affected by the subdivision.
8-4.1. Required Improvements. The required improvements shall include'
(a) Grading and surfacing of streets, highways and public ways, and the
drainage thereof.
(b) The grading of the lots and the drainage thereof as may be required by
the design of the approved Tentative Map.
<c)
The construction and installation of debris basins and the installation
of erosion and siltation control measures as may be necessary to
control erosion and siltation.
For any subdivision requiring a Final Map, domestic water supplied by a
public utility subject to regulation by the Public Utilities Commission
of the State of California or by a public agency authorized to le~/
taxes for such purposes which has consented in writing to provide such
23
water. For all other subdivisions, a water supply of the extent
required above for a subdivision, or to any lesser extent as may be
determined by the Health Officer as sufficient to protect the public
health, considering the uses and intensity of development permitted in
the area of the land subdivision.
For all subdivisions having lots less than 40,000 square feet, a
sanitary sewer system and sewage disposal works serving each lot
administered by a public agency authorized to levy taxes for such
purposes, which agency has consented in writing to provide such
service. For any other subdivision a sewage disposal system of such
extent as may be determined by the Health Officer as sufficient to
protect the public health, considering the uses and intensity of
development permitted in the area of the land division.
(f)
Construction of such structures as may be necessary for public safety,
including but not limited to local neighborhood drainage, traffic
safety signs and devices, and street lighting.
In case of a subdivision included in a fire protection agency the
subdivider shall install water mains, fire hydrants, gated connections
and appurtenances to provide water supply and access for fire
protection in conformance with standards, if any, established by the
fire agency and domestic water supplier, or where a land subdivision
24 -
is not included in a fire agency, the subdivider shall make such
installations in conformity with the latest standards established
by the Insurance Services Office and domestic water supplier.
8-4.2. Same: Limitations for Subdivisions into Four or Less Lots.
Improvements which may be required by the Advisory Agency for subdivisons into
four or less lots are limited to the dedication of rights-of-way, easements, and
the construction of reasonable offsite and onsite improvements for the parcels
being created. Requirements for the construction of such offsite and onsite
improvements shall be noticed by certificate on the Parcel Map, on the instrument
evidencing the waiver of such Parcel Map, or by separate instrument and shall be
recorded on, concurrently with, or prior to the Parcel Map or instrument of
waiver of a Parcel Map being filed for record.
Fulfillment of such construction requirements shall not be required until
such time as a permit or other grant of approval for development of the parcel
is issued by any agency of the City of Dublin, or until such time as the
construction of such improvements is required pursuant to an agreement between
the subdivider and the local agency, except that in the absence of such an
agreement, a local agency may require fulfillment of such construction require-
ments within a reasonable time following approval of the Parcel Map and prior to
the issuance of a permit or other grant of approval for the development of a
parcel upon a finding by the local agency that fulfillment of the construction
requirements is necessary for reasons of:
- 25 -
(1) The public health and safety; or
(2) The required construction is a necessary prerequisite to the orderly
development of the surrounding area.
8-4.3. Standards for Improvements. Except as provided in subsection
8-4.1.(g) of this article, all improvements shall be constructed in accordance
with standard engineering practice and in accordance with Standard Plans and
Specifications approved by the City.
8-4.4. Inspection By City Engineer. The City Engineer shall have the right
to enter upon the site of the work for the purpose of inspecting the same and
shall be furnished with samples of materials as he may require for the making of
tests to determine the acceptability of the materials.
8-4.5. Cost of Inspection. The subdivider shall pay to the City the actual
cost for the inspection of the work and checking materials.
8-4.6. Deposit to Cover Cost of Inspection. Under deposit: Over deposit:
~en the Final Map or Parcel Map is presented to the City Council, the subdivider
shall give evidence that he has deposited with the City Finance Director a sum in
the amount estimated by the City Engineer as being sufficient to cover the costs
of inspection and tests. If the amount so deposited exceeds the actual cost to
the City, the subdivider shall be reimbursed for the balance remaining. If the
26
actual cost exceeds the deposited amount, the City shall stop all construction
until the land subdivider presents a receipt for a deposit with the City Finance
Director of an additional sum as estimated by the City Engineer.
8-4.7. Improvement Security. In the event an agreement for the improvement
of streets or easements, or for the performance of any other act, is entered into
between the City and the subdivider, the contract may be secured by any one of
the methods provided in Chapter 5 of the Subdivision Map Act.
8-4.8. Same: Terms of. The contract must also specify the time within
which the work must be completed and must also specify that should the work not
be satisfactorily completed within the time limit, the City shall complete all
specified improvements and be completely reimbursed therefore by the o~ners or
o~er of the lc'ad subdivision. The contract may provide for the improvements to
be installed in units, for extension of time under specified conditions or for
the termination of the contract upon a reversion of the division of land or a
part thereof to acreage.
8-4.9. Completion of Improvements. As-built Drawings and Declaration.
Upon completion of improvements, the subdivider shall provide as-built drawings
in the form required by the City Engineer prepared by a Civil Engineer registered
by the State of California showing the subdivision as it has been completed.
27
8-4.10 Supplemental Improvement Capacity.
(a)
As a condition of approval of a Tentative Map, there may be
imposed a requirement that improvements installed by the sub-
divider for the benefit of the subdivision contain supplemental
size, capacity, number or length for the benefit of property not
within the subdivision and that those improvements be dedicated to
the public. However, when such supplemental size, capacity,
number or length is solely for the benefin of property not withzn
the subdivision, the City shall, subject to the provisions of
Sections 66486 and 66487 of the Subdivision Map Act, enter into an
agreement with the subdivider to reimburse the subdivider for that
portion of the cost of such improvements equal to the difference
between the amount it would have cost the subdivider to install
such improvements to serve the subdivision only and the actual
cost of such improvements.
The City Council shall determine the method for payment of the
costs required by a reimbursement agreement, which method may
include, but shall not be limited to, the following:
The collection from other persons, including public agencies,
using such improvements for the benefit of real property not
within the subidivison, a reasonable charge for such use.
- 28
(2)
The contribution to the subdivider of that part of the cost
of the improvements that is attributable to the benefit of
real property outside the subdivision and the levy of a
charge upon the real property benefited to reimburse the City
for such costs, together with interest thereon, if any, paid
to the subdivider.
(3)
The establishment and maintenance of local benefit districts
for the !e~y and collection of such charge or costs from
property benefited.
No charge, area of benefit or local benefit district shall be
established unless and until a public hearing is noticed and held
thereon by the City Council and the City Council finds that the
charge, area of benefit or local benefit district is reasonably
related to the cost of such supplemental improvements and the
actual ultimate beneficiaries thereof.
(d.)
In addition to the notice, written notice of the hearing shall be
given to those who own property within the proposed area of
benefit as sho-~ on the last equalized assessment roll, and the
potential users of the supplemental improvements insofar as they
can be ascertained at the time. Such notices shall be mailed
by the City Clerk at least ten (!0) days prior to the date
established for the hearing.
29
Article 5
Surveys and Monuments
8-5.0. Field Survey. A Final Map or a Parcel Map based upon a field survey
shall be made in conformity with the Land Surveyor's Act.
8-.5.1. Discrepancy. ~enever the field survey indicates a discrepancy fron
previously recorded data, the record dimensions shall be shown in parentheses
and in the same basis of bearings along with the field dimension. ~en the
discrepancy is major and causes a conflict to title, the subdivider shall take
appropriate action to clear said title prior to the filing of the mao.
8-5.2. Compiled Map. A Parcel Map may be compiled from a recorded or filed
map if all of the following conditions are existing'
(a) The compiled map is based on a Final Map or Parcel Map filed in the
Office of the County Recorder after January 1, 1964, or on a Record of Survey
filed in the Office of the County Recorder after January 1, 1964, and prior to
January 1, 1982, or on another Final Hap, Parcel ~fap, or Record of Survey subjec~
to prior approval of the City Engineer.
(b) Ail of the exterior boundary lines are indicated by field bearings and
distance on said map.
~ 30
(c) Sufficient survey information exists on said map to locate and retrace
the exterior boundary lines.
(d) At least one of these boundary lines can be established from an
existing monumented line which is shown on said map.
8-5.3. Accuracy Required. An accurate and complete boundary closure shall
be made of the land to be divided. A traverse of the exterior boundaries of the
tract o~ pa. rcel and of each block and lot o~ parcel when computed, must close
within a limit of error of 0.015 of a foon in latitude and/or departure. Street
monumentation will be field checked to an accuracy of 0.01 of a foot per 100 feet
and angle measurement to 20" seconds of angle and not to exceed 0.05 of a foot
point position.
8-5.4. Remainder. If the remainder of the original parcel sho,~ on the
Parcel Map has a gross area of five acres or more, said remainder may be a field
survey or may be indicated by deed bearings and distance shown in brackets; the
bearings shall be on the same basis of bearings as the survey and the distances
shall be in feet and designated as being a "Non-Surveyed Remainder."
8-5.5. Ties to Center Lines. ~enever the City Engineer has established
the center line of a street or alley, ties shall be made to that center line and
any monument or reference point thereon.
- 31 -
8-5.6. Boundary Monuments, Field Survey. Monuments shall be set, or
witness thereto, at all major angle points, and shall be sufficient in number
together with existing monuments of record for the perpetuation or facile
re-establishment of any point or line of the exterior boundary.
8-5.7. Boundary Monuments, Compiled. When the exterior boundary of a
Parcel Map is compiled from a file map, the point of intersection of a new
division line with the exterior boundary line shall be monumented or witness
t~,ereto.
8-5.8. Boundary Monuments, Type. Monuments set shall be durable in nature,
such as an iron pipe, and efficiently placed so as not to be readily disturbed.
8-5.9. Street Monuments. The Engineer or Surveyo~ shall set permanent
interior monuments in the street areas, located so as to define the street lines
bounding each block. Due consideration shall be given to visibility of
monuments, one from another, for the purposes intended.
8-5.10. Street Montn~ents, Type. Permanent mon~uments shall conform to the
approved standards of the City of Dublin for Concrete Monument for use en
subdivision project.
8-5.11. Monuments, Time for Setting.
(a) Exterior boundary monuments shall be set before approval of the Final
Map or Parcel Map.
32
Interior monuments may be set after approval of the Final Map or parcel
map provided that they be set not later than the time of completion of
improvements and adequate improvement security is filed with the City
prior to City Engineer approval and certification of the map.
8-5.12. Monuments, Inspection and Approval.
to inspection and approval by the City Engineer.
Ail monuments shall be subject
8-5.13. California Coordinate System. ~enevcr the City Engineer has aa
approved system of California Coordinate mon~mments the survey shall be tied into
the approved monuments.
33
Article 6
Final Map and Parcel Map
8-6.0. Title Block. Each sheet of the map shall contain a title,
consisting of the Tract number or Parcel Map number, but no commercial name or
title shall appear on the map as a designation. Below tke n~ur. foer shall awpear
"City of Dublin, Alameda County, California." Next the name of the Surveyor or
Firm, County and State, the scale and date. If the subdivision is a condominium
project, the statement "A Condominium Project, or "For Condominium Purposes"
shall appear beneath the Tract number.
8-6.1. Title Sheet. The title s]~et shall show the Title B!ock~ O:~.er's
Cernificate, Acknowledgements, Surveyors' Certificate, City Engineer's Certifi-
cate, County Recorder's Certificate. A Subdivision of, being the name, and legal
designation of the tract in which the survey is located and any other stanemenus
or notes that are required.
8-6.2. Map Sheet. The scale of the map shall be one (i) inch equals forny
(LO) feet or less, unless otherwise approved by the City Engineer. Every si~eet
comprising the map shall show the Title Block, north arrow, legend, basis of
bearings, sheet number and number of sheets comprising the map.
8-6.3. Index Sheet. If there are more than three map sheets, there shall
be an index sheet preceding the map sheets.
34
8-6.4. Exterior Boundary. The exterior boundary of the land included
within the subdivision shall be indicated by the following symbol' a long line
(minimum 1/2 inch in length) followed by three (3) short lines (maximum 1/8 inch
each in length), the width of said line segments shall be such that they are
distinctive.
8-6.5. Lot and Parcel Numbering. Lots or parcels shall be numbered in
numerical order starting from numeral "1." Circles, squares, or other geomet-
rica! figures ~hal! not be a~a~ ar~.und tb~ !a~te~ or number~, if possibl~, ~ach
block shall be shown entirely on one sheet; each lot or parcel must be
entirely on one sheet.
8-6.6. Lands for Private Use: for Public Use: Designations. The mao
shall particularly define, d~]ineate and designate all lots or parcels intended
for sale or reserved for private purposes, all parcels offered for dedication for
any purpose, public or private, and any private streets, with all dimensions,
boundaries and courses clearly shown and defined in every case. Dimensions of
lots or parcels shall be given as the net dimensions only to the boundaries of
adjoining streets that will be accepted for dedication or where the street is
held in fee by the City of Dublin. No ditto marks shall be used. Parcels
offered for dedication but not accepted, as ~-e!l as common parcels offered for
private use, shall be designated by letter, and private streets offered but not
accepted for dedication shall have inserted the words, "Private Street."
35
8-6.7. Lands for Public Use: Dedication: Offer of. Ail parcels of land
shown on any map and intended for any public use shall be offered for dedication
for public use except those parcels, other than streets, which are intended for
the exclusive use of the lot owners in the subdivision, their licenses, visitors,
tenants, and servants.
8-6.8. Lettering. Ail lettering on the map shall be a minimum of 1/8 inch
in height and of such shape and weight as to be readily legible on prints and
mi~r~fil~ ~eproductions. Minimo~ per~ ~ize shall be
8-6.9. Streets: Side Lines: Widths. The map shall show the mon'~rLent
lines and side lines of all streets, the total width of all streets, the width of
the portion being dedicated and the width of existing dedication, and the widths
each side of the mcnument line, also the width of railroad rights-of-way
appearing on the map.
8-6.10. Easements: Descriptions. The map shall show the side lines of all
easements to which the lots are subject. Easements must be clearly labelled and
identified, and if already of record, the recorded reference given. If any ease-
ment of record is not definitely located, a statement of the easement must appear
on the title sheet. The width of the easement and the lengths and bearings of
the lines thereof and sufficient ties thereto to definitely locate the easement
with respect to the subdivision must be shown. If the easement is being
dedicated by the map, it shall be properly set out in the owner's certificate
of dedication~
36
8-6.11. Dedication. Dedications or offers of dedication shall be made
either by certification on the map or by separate instrument. If dedications or
offers of dedication are made by separate instrument, such dedication or offers
of dedication shall be recorded concurrently with, or prior to, the map being
filed for record.
8-6.12. Street Names: Approval by Advisory Agency: Designations. In
order to avoid duplication, names to be used on new streets shall be subject to
the approval of the City Cou~cii. If any d~.sigaation ba n~n~e~, they shall oe
spelled out completely, using hyphens in such forms as "Twenty-Third Stree=."
The words' "Avenue," "Boulevard," "Place," etc., shall be spelled out in full.
8-6.13. Procedure. Upon approval of the Tentative I'[ap, prints of the Final
Map or P.~'.'cel Map shall be submitted to the City Engineer for his examination for
conformance to the approved Tentative Map, local Ordinance, the Subdivision Map
Act, and the Land Surveyor's Act.
8-6.14. Data and Material to Accompany the Submittal. The following da~a
and material shall be provided by the Subdivider or his agent'
A traverse sheet or sheets in a form approved by the City Engineer
giving latitudes and departures and coordzn=~es of the boundary of the
subdivision, blocks, lots, or parcel and monument lines therein.
37
(b) A minimum of three (3) sets of prints of the map.
Submit a copy of the record owner deed and/or those deeds used in the
survey, i.e., senior, adjoiners and easements.
(d) Submit a current Title report, and deeds of trust.
(e)
Plans, cross sections, profiles and specifications of the street
im~zovemcnns, grading, drainage facilities, water, water recycz£ng and
scimitar)' sewer improvements, and erosion and siltation control measurea
or structures and such drawings and specifications as the City Engineer
may require. The plans and drawings shall be dragon to a scale not to
exceed one (1) inch equal forty (a0) feet horizontal and one (1) inch
equal four (4) feet vertical, unless prior approval is granted by the
City Engineer. Plans and drawings shall be in the form specified by
the City Engineer and shall be certified by a Registered Civil
Engineer.
(f)
A statement of the water supply installed or available for the subdi-
vision, including information as to the source and adequacy of the
supply.
A statement of the sewerage works and sewage disposal installed,
proposed or available for the subdivision, together with a statement
from the controlling agency that the proposed system will comply with
all Health Department rules and regulations and state laws and operate
- 38 -
without creating a public or private nuisance, or a statement shall be
required where the subdivision is to be sewered by connection to an
existing public sanitary sewer system.
The tracing of the map shall contain original signatures and shall be
submitted for certification when notified by the City Engineer; in
addition to the tracing of the map there shall be submitted three (3)
sets of prints of the map and one set of Mylar reproduceables of the
map.
<i)
The submittal of the Final Map or Parcel Map for a common interesn
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 doc~nents for
the subdivision as are appropriate pursuant to Section 1363 of the
Civil Code. The submittal of the Final Map or Parcel Map for all
subdivisions other than a common interest development shall include any
Declaration of Covenants, Conditions and Restrictions proposed in
connection therewith. Ail documents shall be subject to review and
approval by the Planning Director, Public Works Director a~d City
Attorney.
8-6.15. Fees Payable for Processing a Final Map: Evidence of Payment to
City Engineer. The subdivider shall pay to the City for 'the purpose of checking,
investigating, surveying, and other matters required by law and these reguta-
39
tions, those fees for the checking of the map, plans and specifications, and
investigations incidental thereto as set out in the City of Dublin fee
resolution..
When prinns of the map and accompanying data and material are presented to
the City Engineer for examination, the subdivider shall give evidence to the City
Engineer that he has deposited with the City Finance Director the fees or
deposits as required by the City's Fee Resolution. If the amount is a deposit,
~nd it excced~ the actual cosn tc ~he City, nhe subdivider shall be reimbursed
for the balance remaining. If the actual cost exceeds tt~e deposited amount, tk=
City Engineer shall withhold certification of the map until the subdivider
presents a receipt for the deposit of the excess amount.
8-6.16. Fee Payable for Processing a Parcel Map. The subdivider shall
pay to the City for the purpose of checking, investigating, surveying and other
matters required by law and these regulations for processing a Parcel Map the fee
fixed by the schedule adopted for that purpose by the City Council and in effect
at the time the Parcel Map is submitted for checking. Said payment shall be
submitted to the City Engineer at the time the Parcel ~[ap is submitted for
checking.
8-6.17. Action on Parcel Map. The City Engineer is authorized to take
final approval action on a Parcel Map as well as to reject offers of dedication.
Acceptance of offers of dedication on a Parcel Map shall require Council
approval. The City Engineer shall disapprove a Parcel Map for failure to meet
or perform any of the requirements or conditions imposed by the Subdivision Mao
40 -
Act, this Ordinance, or the approved Tentative Map for the subdivision; provided
that a Parcel Map shall be disapproved only for failure to meet or perform
requirements or conditions which were applicable to the subdivision at the time
of approval of the Tentative Map~ and provided further that such disapproval
shall be accompanied by a finding identifying the requirements or conditions
which have not been met or performed. A Parcel Map shall not be disapproved when
the failure to meet requirements or conditions is the result of a technical or
inadvertent error which does not materially affect the validity of the map as may
b~ determined by the City Engineer.
8-6.18. Action on Final Map. The City Council shall take final approval
action on Final Maps. It shall disapprove a Final Map for failure te meet or
perform any of the requirements or conditions imposed by the Subdivision b[ap Act,
this Ordinance, or the approved Tentative Map for the s.abdivision; provided that
a Final Map shall be disapproved only for failure to meet or perform requiremenns
or conditions which were applicable to the subdivision at the time of approval of
the Tentative Map; and provided further that such disapproval shall be accomp-
anied by a finding identifying the requirements or conditions which have not beez~
met or performed. A Final Map shall not be disapproved when the failure to meet
requirements or conditions is the result of a technical or inadvertent error
which does not manerially affect the validity of the map as may be determined
by the City Council.
8-6.19. Transmittal. After the City Engineer's approval and certification
of a Parcel Map or Final Map, it shall be transmitted to the City Clerk for final
action and ultimate transmittal to the County Recorder.
- 41
8-6.20. ~ended Map. A map may be amended in conformance with the
provisions of the Subdivision Map Act and local Ordinances and shall be entitled
"Amended Map of '"
8-6.21. Amendment Shown. Ail corrections or omissions shall be boxed
and the errors removed from the map with a certified statement by the Surveyor
stating, in general, the correction or omission being made in addition to the
recording information of the original map.
8-6.22. Certificate of Correction. Ma5, be used tc~ (!) correcn an error
in the description of real property, (2) a course error that is outside of the
exterior boundary of the map. The Certificate of Correction shall be upon a form
approved by the City Engineer.
8-6.23. Reversion to Acreage. A map may be reverted to acreage in pursuan~
to all the provisions of the Subdivision Map Act and shall be entitled "Reversion
to Acreage of "
8-6.24. Re-Subdivision. Subdivided lands may be merged and re-subdivided
without reverting to acreage by complying with all applicable provisions of the
Subdivision ~ap Act.
42
Article 7
Dedication of Lands for
Park and Recreation Pnrposes
7-7.0. Authority. /his Ordinance is enacted pursuant to authority granted
by Section 66477 of the Goverp~ent Code of the State of California.
(Based on sec. 2, Ord. 83-55)
8.7.1. Requirement. Each subdivider of the land classified by the City
of Dublin Zoning Ordinance for residential use shall as a condition to filing
a Final Subdivision Map dedicate or reserve lands, pay fees in lieu thereof:
or a combination of both, for neighborhood and come, unity park or recreational
purposes. Requirements shall be established by the Advisory Agency when acting
on the Tentative Map in consultation with the City of Dublin Public Works
Department or Recreation Department. Land or fees required under this Artic!e
shall be conveyed or paid directly to the City of Dublin which provides
community-wide park and recreational services upon approval of the Final. >Zap.
8-7.2. Limitations.
(a) The land, fees, or combination thereof are to be used only for the
purpose of developing new or rehabilitating existing neighborhood
- 43
and community park or recreational facilities bearing a reasonable
relationship to use by future residents of the subdivision.
The City of Dublin shall develop a schedule specifying how, when,
and where it will use the land or fees, or both, to develop park or
recreational facilities to serve the residents of the subdivision in
a manner consistent with the limitations of this Chapter and State
Subdivision Map Act. Any fees collected under the Ordinance shall be
c. ommitted within =: ' (%~ ,~ears aft~r the Fal~ent of suc~; fees or
issuance of bui!~ing permits on one-half t,f the lots created by the
subdivision, whichever occurs later, if such fees are not committed,
they shall be distributed and paid to the then recorded owners of the
subdivison in the same proportion as it was collected.
(c)
Park and recreational facilities shall be in accord with principles and
standards of the Park and Recreation Element of the City of Dublin
General Plan.
Only the payment of fees may be required in subdivisions containing
fifty (50) parcels or less. In subdivisions larger than 50 parcels,
this requirement may be satisfied by dedicating land and/or payment of
fees as determined by the Advisory Agency.
- 44
(e)
Provisions of this Article do not apply to condominium projects or
stock cooperatives which consist of the subdivision of airspace in an
existing apartment building which is more than five (5) years old when
no new dwelling units are added.
8-7.3. General Standard. It is hereby found and determined that nhe 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
~o_a~ park a=.d recreational puzl,oses The a,n~,~nt ¢,f land to be
dedicated, or fees to be paid, shall bear a reasonable relationship to th~ use of
the park and recreation facilities by the future inhabitants of the s,fsdivision
and shall be the amount calculated from the following formula:
IJ~:D = A X B
FEE = A X B X C
D
(a)
"A" means the park and recreation area required per dwelling unit,
based on the type of dwelling units of the proposed subdi~zision and the
park area per 1,000 people of the City.
(1) The park area of the City is determined to be 5.0 acres per
people, or .005 acres per person.
(2) The park and recreation area required per d:~e!ling uniT, A, is
established as follows'
45
(a) For detached single-family dwelling units, each unit is
assigned 3.2 people.
Therefore:
A = 3.2 X .005 = .016 acres per unin
(b) For attached single-family, duplex or multi-family dwelling
u~its, ea,.h ~,n~t is ass£g~eJ 2.0 people.
Therefore'
A = 2.0 X .005 = .010 acres per unit
(b) "B" means the number of dwelling units in the proposed subdivision.
For the purpose of this section, the number of dwelling units in the
proposed subdivision shall be determined as follows: In areas zoned
for one dwelling unit per lot or parcel, the number of dwelling units
shall equal the n~ber of parcels indicated on the Tentative Hap.
the subdivision is located in an azea zoned for multiple dwelling units
per parcel, the number of dwelling units shall equal the maximum n~mbez
of dwelling units allowed under that zone. For residential condominium
projects, the number of dwelling units shall equal the number of
condominium units indicated on the Tentative Map. For planned
46
development projects, the number of dwelling units shall equal the
number of dwelling units indicated on the approved planned development
plan.
(c) "C" means the current market value of the developable acreage of the
area to be subdivided.
(d) "D" means the developable acreage of the area to be subdivided.
8-7.4. In Lieu Fees. Where fees are required by the City to be paid in
lieu of land dedication, such fees shall be based on the current market value of
the developable acreage of the area to be subdivided as determined by the
Director of Public Works and Planning Director at the time of approval of the
F~r_~l Subdivision Map. If the subdivider objects to the determination of current
market value, the subdivider may request the City to obtain an appraisal of the
property by a qualified real estate appraiser mutually agreed upon by the City
and the subdivider, which appraisal will be considered by the City in determining
the current market value. Ail costs required to obtain such appraisal shall be
borne by the subdivider.
8-7.5. Credits.
If the subdivider provides park and recreational improvements to the
dedicated land as authorized by the Advisory Agency, the value of
improvements may be a credit against fees or land dedication
otherwise required by this Article.
- 47 -
(b)
As may be determined by the Advisory Agency, planned developments and
real estate developments, as defined in Sections 11003 and 11003.1,
respectively, of the Business and Professions Code, shall be eligible
to receive a credit for private open space and recreational facilities
in the subdivision not to exceed 25% of fees or land dedication
otherwise required by this Article, provided that:
(1)
Private open space is at least 1/2 acre in area with its smallest
dimension being at !~ast i00 fee~ clear excludi~g lfards and
setbacks normally required by zoning provisions;
(2) Private open space and recreational facilities are owned and
maintained by a homeowr, er's association, are available to all
residents of the subdivision without restriction, and ara
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 Councit:
(3) Private open space and facilities are suitable for active park
and recreation purposes taking into consideration such factors
as shape, topography, access, and improvements proposed~
(4)
Are in accord with the principles and standards for local parks
contained in the Park and Recreation Element of the City of Dublin
General Plan.
48 -
8-7.6. Procedures.
Prior to approval of the subdivision, the Advisory Agency
shall consider the report and recommendation from the Parks and
Recreation Commission or Recreation Director, as the case may be,
regarding the following:
(a) The amount of land required; or
That a fec be charged in lieu ol land~ or
That a combination of land and fee be required; and
(d) The location of the park land and, where appropriate~ the
siting and conceptual design of the park facilities
appurtenant thereto, to be dedicated or used in lieu of fees.
(2)
At the time of approval of the subdivision, the Advisory Agency
shall determine whether land, in-lieu fees, or a combination of
land and fees, shall be dedicated and/or paid by the subdivider.
The Advisory Agency may approve, modify, or disapprove the
recom~mendation of the Parks and Recreation Commission or
Recreation Director, provided, however, any modification of the
recommendation not previously considered shall first be referred
back to the Parks and Recreation Commission or Recreation Director
for further report and recommendation. The Recreation Director
shall report back to the Advisory Agency within thirty (30) days.
49
After the receipt and consideration of the report, or after thirty
(30) days have passed in the event no report is received, the
Advisory Agency may take action on the modification.
8-7.7. Off site Dedication. Dedication of land outside of the subdivision
may be authorized by the City of Dublin in consultation with the Public Works
Department or Recreation Department by action on the Tentative Map and be
credited toward the developer's park land dedication requirement.
50
Article 8
Underground Utilities
8-8.0. Intent. The regulations of this Article are intended to promote and
to provide in subdivisions improved under the provisions of this Chapter an
increase in safety and welfare for both the residents of such land division and
the public in general, and to pr~iong the economic ~ifc of land divisions,
~nhance views, scenic attribunes and the general living envirop~ent.
8-8.1. Utility Distribution Facilities to be Placed Underground. Ail
utility distribution or com~unication facilities supplying electric, com~nuni°
cation or similar or associated services, installed in and for the purpose of
supplying such service to any residentially zoned subdivision requiring the
filing of a Final Map shall be placed underground. Distribution facilities do
not include metal poles used for street lighting, traffic signals, pedestals
for police and fire system com~munications and alarms, pad-mounted transformers
pedestals, pedestal mounted terminal boxes and meter cabinets, substations, and
facilities used to carry voltages higher than thiry-five thousand (35,000) volts.
8-8.2. Duty of Subdivider. The subdivider is responsible for complying
with all requirements of this Article, and shall make the necessary arrangements
with the utility or com~=unication companies involved for the installation of the
facilities required by Section 8-8.1 of this Article.
51
8-8.4. Request for Variance. The subdivider or a public utility or commun-
ication company may request that the requirements of this Article be varied by
submitting to the Advisory Agency a statement describing fully the nature and
extent of such variance, and the reasons for which it is requested.
8-8.5. Action by the City Council. The City Council upon consideration
of a request to vary the requirements of this Article, and upon finding from the
evidence presented that a balancing of the requirements of the public health,
safeny and general welfare w~th the feasibility of mee~irLg such requirements does
not warrant the strict application of the requirements of this Article, by reason
of economic feasibility, soil, topography, compatibility of surrounding area,
future potential n%~ber of building sites affected, or that the area to be under-
grounded does not include both sides of the street for at least one ktock or 600
feet, may grant a variance in its approval cf the Tentative Mao for installing
overhead distribution facilities. The City Council in making the above finding
to grant variances to the requirements of this article shall designate such
conditions in connection therewith as will in its opinion best serve the innent
of this Article.
52 -
Article 9
School Facilities Dedication
8-9.0. Title and Purpose. This Article shall be known as the "School
Facilities Dedication Ordinance of the City of Dublin." The purpose is to
provide a method for financing interim school facilities necessitated by new
residential developments causing conditions of overcrowding.
8-9.1. Authority and Conflict. This Article is e~acted pursuant to Chapter
4.7, Tit!e 7, Division 1, (Goverp~ent Code Sections 65970 et seq.) and consti-
tutes the Ordinance referred to in Sections 65972 and 65974 of Chapter 4.7. in
the case of any conflict between the provisions of this Article and those of
Chapter 4.7, the latter shall prevail.
8-9.2. General Plan. The City's General Plan provides for the location of
public schools. Interim school facilities to be constructed from fees or land
required to be dedicated, or both, shall be consistent with the General Plan.
8-9.3. Regulations. The City Council may, from time to time, by resolu-
tion, issue regulations to establish administration, procedures, interpretaion
and policy direction for this Article.
8-9.4. Chapter 4.7. "Chapter 4.7" means Chapter 4.7 (com~encing ~-ith
Section 65970) of Division 1 of Title 7 of the Government Code as added by
Chapter 955 of the Statutes of 1977 and any subsequent amendments thereto.
- 53 -
8-9.5. Conditions of Overcrowding. "Conditions of overcrowding" means that
the total enrollment of a school, including enrollment from proposed development,
exceeds the capacity of such school as determined by the governing body of the
district.
8-9.6. Dwelling Unit. "Dwelling unit" means a building or a portion
thereof, or a mobile home~ designed for residential occupancy by one person
or a group of two or more persons living together as a domestic unit.
8-9.7. Reasonable Methods for Mitigatzng Conditions of Overcrowding.
"Reasonable methods for mitigating conditions of overcrowding" include, but are
not limited to, agreements between a subdivider and the affected school district
whereby temporary-use buildings will be leased to the school district or
temporary-use buildings ~wned by the school district will be used. The City
Council may establish by resolution additional methods for mitigating conditions
of overcrowding which should be considered by school districts.
8-9.8. Residential Development. "Residential developmenn" means a project
containing residential dwellings, including mobile-homes, of one or more units or
a subdivision of land for the purpose of construcning one or more residential
dwelling units. Residential development includes, but is not' limited to'
rezonings, conditional use permits, site development review, and any other
discretionary permit for new residential use, and building permits for new
residential use.
54 -
8-9.9. Findings and Notice. Pursuant to Chapter 4.7 of the Government
Code, the governing body of a school district shall make all of the following
findings supported by clear and convincing evidence that: (1) conditions of
overcrowding exist in one or more attendance areas within the district which
will impair the normal functioning of educational programs including the reason
for such conditions existing; (2) all reasonable methods of mitigating conditions
of overcrowding have been evaluated; and (3) no feasible method for reducing such
conditions exist. Upon making these findings, the school district shall provide
City with notice of it'~ fin'Jing~.o
8-9.10. Notice Requirements.
district to the City shall specify:
Any notice of findings sent by a school
(a) Fi[dings specified in Section 8-9.9.
Mitigation measures considered by the district and any determination
made concerning them by the district.
(c) A map delineating the overcrowded attendance area or areas, and other
attendance areas in the district.
Recommendations for standards for ].and dedication and fees based on
Section 8-9.18, General Standards.
- 55
(e) Such other information as may be required by City Council's resolution.
8-9.11. City Concurrence. After the receipt of any notice of finding
complying with the requirement of Section 8-9.10, the City Council shall deter-
mine whether it concurs in such school district findings. The Council shall
schedule and hold a public hearing on the matter of its proposed concurrence
prior to making its determination.
$-9.12. Fin,lin~s fo~ Deve!opmen~ Approval. Within an attenda~ce area ~he~e
the City Council has concurred in a school district's findings that conditions of
overcrowding exist, no discretionary permit for residential use and nc building
permit for new residential construction shall be approved in the attendance area,
unless the City Council makes one of the following findings:
(a) That this Article is an Ordinance adopted pursuant to Section 65974 of
Chapter 4.7.
That there are specific overriding fiscal, economic, social, or
enviror~ental factors which in the judgment of the planning a~ency
would benefit the City, thereby justifying the approval of a resi-
dential developmen~ otherwise subject to the interim school facilities
dedication provisions of this division.
8-9.13. School District Schedule. Following the concurrence and decision
by the City to require the dedication of land or the payment of fees, or both,
for an attendance area, the governing body of the involved school district shall
- 56
submit a schedule specifying how it will use the land or fees, or both, to solve
the conditions of overcrowding. The schedule shall include the school and the
times when such facilities will be available. In the event the governing body of
the school district cannot meet the schedule, it shall submit modifications to
the City Council and the reasons for the modification.
8-9.14. Developer's Responsibility. In an attendance area where the City
Council has concurred as provided in Section 8-9.1,, the developer of applicable
residential projects shall dedicane land, pay fees in lle~ thezof, or do a co,bi-
nation of both, for classroom and related facilinies for maneated educational
programs for elementary, middle/junior high, and/or high schools.
8-9.15. Land Dedication Limits. Only pa)~ent of fees may be required for
approval of projects containing fity (50) parcels or less. In subdivisions
larger than 50 parcels, this requirement may be satisfied by dedicating land
and/or pa)~ent of fees as determined by the Advisory Agency.
8-9.16. Exemptions. Residential developments shall be exempt from the
requirements of this division when they consist only of the following:
(a) Any modification or remodel of an existing legally established dwel!ins
unit that does not create an additional dwelling unit.
(b) A condominium project converting an existing apartment building into a
condominiuan where no new dwelling units are added.
Any rebuilding of a legally established dwelling unit destroyed
or damaged by fire, explosion, act of God or other accident or
catastrophe.
(d)
Any rebuilding of an historical building recognized, acknowledged and
designated as such by the City Council, County of Alameda, State of
California, or Federal Government.
t--?.17. Prior Agreements. Any agreement existing przo~ to the eC~ective
da~e el this Ordinance between a school district and a developer pertaining to
the dedication of land and/or payment of fees for school facilities shall be
considered as satisfying this Article's requirements.
8-9.18. General Standard. The location and amount of land to be dedf~a~ed
or the amount of fees to be paid, or both, shall bear a reasonable relationshio
and will be limited to the needs of the community for interim elementary, middle/
junior high, and/or high school facilities including all mandated educational
programs and shall be reasonably related and limited to the need for schools
caused by the development.
8-9.19. Fees. A schedule for fees required to be paid in lieu of land
dedication or in combination with land dedication shall be established by the
City Council for each attendance area where the Council has concurred with the
school district that conditions of overcrowding exist. The School District
58
governing body shall recommend the fees for providing interim facilities that are
to be assessed on a development as a condition of City approval of a subdivision.
8-9.20. Land. When land is required to be dedicated, land shall equal in
monetary value fees which would otherwise be market value of all the land in the
residential project as determined by the most recent appraisal made at the
direction of the City Council at the time of discretionary action on the appli-
cation. If the developer, or the school district, objects to this determination,
either may present evidence for a different dedication requirement based on a
recent appraisal of the property by a qualified real estate appraiser.
8-9.21. Land Dedication. When land is to be dedicated, it shall be offered
for dedication in the same manner as prescribed in the City of Dublin Subdivision
Ordinance for park dedication.
8-9.22. Time of Performance. Land required to be dedicated as a condition
of a Tentative Maps shall be conveyed at the time of filing the Final Map. Ail
other dedication of land or payment of fees shall be made at the time the
building permit is issued.
8-9.23. Trust of Land or Fees. Land and fees shall be held in trust by the
City of Dublin until such time as request for release of land or fees is made by
the subject school district. Release of land or fees shall occur upon determi-
nation by the City Council that the land or fees shall be used for appropriate
interim school facilities and that said facilities would be consistent with the
General Plan.
- 59
8-9.24. Fee Distribution. Where two or more separate school districts
operate schools in an attendance area where the City Council concurs that over-
crowding conditions exist for the school districts, the Council will enter into
an agreement with the governing body of each school district for the purpose of
determining the distribution of revenues from the fees levied pursuant to this
division.
8-9.25. Refunds. If any residential development permit covered by this
Article is voided or vacated, and if the applicant so requests, any land or fees
collected for the development in trust by the City of Dublin shall be returned to
the applicant.
8-9.26. School District Accounting. Any school district receiving funds or
land pursuant to this Article shall maintain a separate account for any fees paid
and disposition of land received and shall file a report with the City Council
on the balance in the account at the end of the previous fiscal year and the
facilities leased, purchased, or constructed during the previous fiscal year.
In addition, the report shall specify which attendance areas will continue to be
overcrowded when the fall term begins and where conditions of overcrowding will
no longer exist. Such report shall be filed by August 1, of each year and shall
be filed more frequently at the request of the City Council.
60
8-9.27. Termination of Dedication Requirements. When it is determined by
the City Council that overcrowding conditions no longer exist in an attendance
area, the City shall cease levying any fee or requiring the dedication of any
land pursuant to this Article for the area. The Council shall schedule and hold
a public hearing on the proposed termination prior to making its determination.
- 61
Article 10
Vesting Tentative Map
8-10.1. Authority and Purpose. The regulations outlined in this Article
are determined to be necessary for the preservation of the public health, safety
and general welfare, and for the promotion of orderly growth and development.
8-10.2. Consistency. No land shall be subdivided and developed pursuant
to a Vesting Tentative Map for any purpose which is inconsistent with the General
Plan and any applicable specific plan or not permitted by the zoning Ordinance or
other applicable provisions of the Municipal Code.
8-10.3. Application for a Vesting Tentative Map.
(a)
Vesting Tentative Maps shall be allowed only for residential
developments. ~enever a provision of the Subdivision Map Act, as
implemented and supplemented by this Ordinance, requires the filing of
a Tentative Map or Tentative Parcel Map for a residential development,
a Vesting Tentative Map may instead be filed, in accordance with the
provisions hereof.
62 -
If a subdivider does not seek the rights conferred by the Vesting
Tentative Map Statute, the filing of a Vesting Tentative Map shall
not be a prerequisite to any approval for any proposed subdivision,
permit for construction, or work preparatory to construction.
8-10.4. Vesting Tentative Map Filing and Processing. A Vesting Tentative
Map shall be filed in the same form and have the same contents, accompanying data
and reports and shall be processed in the same manner as set forth in this
Ordinance for a Tentative Map except as hereinafter provided:
(a)
Prior to the time a Vesting Tentative Map is filed, a subdivider shall
have obtained from the City of Dublin all applicable permits for
prezoning, rezoning, Planned Development rezoning, site development
review, variance, conditional use permit, or similar planning and land
use entitlement.
(b) At the time a Vesting Tentative Map is filed it shall have printed
conspicuously on its face the words "Vesting Tentative Map."
(c) At the time a Vesting Tentative Map is filed, a subdivider shall also
supply the following information:
63
- recent title report
height, size, and location of buildings
sewer, water, storm drain and road improvement plans
information on the uses to which the buildings will be put
detailed grading plans
geological studies
- flood control information
- architectural plans
- fiscal impact studies
plot plans
foundation plans
drainage plans
- floor plans
- roof and ceiling framing plans or truss layout plans
roof truss details and calculations
exterior elevations
typical cross sections
large scale details
soil reports
heat loss calculations
surveys
- structural calculations
- electrical plans and electrical load calculations
- mechanical plans
~ plumbing plans and calculations
- elevations to show compliance with regulations pertaining to access
- 64 -
for the handicapped
all other studies and information required to apply for building
permits
8-10.5. Vesting Tentative Map Fees.
(a)
Upon filing a Vesting Tentative Map, the subdivider shall pay the fees
required by the schedule adopted by resolution of the City Council for
the filing and processing of a Vesting Tentative Map.
8-10.6. Expiration. The approval or conditional approval of a Vesting
Tentative Map shall expire at the end of the same time period, and shall be
subject to the same extensions, established by this Ordinance for the expiration
of the approval or conditional approval of a Tentative Map.
8-10.7. Vesting on Approval of Vesting Tentative Map.
(a)
The approval or conditional approval of a Vesting Tentative Map shall
confer a vested right to proceed with development in substantial
compliance with the Ordinances, policies, and standards described
in Government Code Sec. 66474.2.
However, if Section 66474.2 of the Government Code is repealed, the
approval or conditional approval of a Vesting Tentative Map shall
confer a vested right to proceed with development in substantial
compliance with the Ordinances, policies, and standards in effect
65
at the time the Vesting Tentative Map is approved or conditionally
approved.
(b)
Notwithstanding subdivision (a), a permit, approval, extension, or
entitlement may be made conditional or denied if any of the following
are determined:
(1)
A failure to do so would place the residents of the subdivision
or the immediate community, or both, in a condition dangerous to
their health or safety, or both;
(2) The condition or denial is required, in order to comply with state
or federal law.
(c)
The rights referred to herein shall expire if a Final Map is not
approved prior to the expiration of the vesting Tentative Map as
provided in Sec. 8-10.6. If the Final Map is approved, these rights
shall last for the following period of time:
(~)
An initial time period of one (1) year (12 months) beyond the
recordation date of the Final Map. Where several Final Maps are
recorded on various phases of a project covered by a single
Vesting Tentative Map, this initial time period shall begin for
each phase when the Final Map for that phase is recorded.
- 66
(2)
The initial time period set forth in (c)(1) shall be automatically
extended by any time used for processing a complete application
for a grading permit or for design or architectural review if
such processing exceeds thirty (30) days, from the date a complete
application is filed.
(3)
A subdivider may apply for a one (1) year extension at any time
before the initial time period set forth in (c)(1) expires. If
the extension is denied by the Planning Commission, the subdivider
may appeal that denial to the City Council within fifteen (15)
days.
(4)
If the subdivider submits a complete application for a building
permit during the period of time specified in subdivisions (1)
(3), the rights referred to herein shall continue until the
expiration of that permit, or any extension of that permit.
8-10.8. Development Inconsistent with Zoning -- Conditional Approval.
Whenever a subdivider files a Vesting Tentative Map for a subdivison
whose intended development is inconsistent with the Zoning Ordinance
in existence at that time, that inconsistency shall be noted on the
map. The City shall deny such a Vesting Tentative Map or approve it
conditioned on the subdivider, or his or her designee, obtaining the
necessary change in the Zoning Ordinance to eliminate the incon-
sistency. If the change in the Zoning Ordinance is obtained, the
- 67
approved, or conditionally approved, Vesting Tentative Map shall,
notwithstanding Sec. 8-10.7 (a), confer the vested right to proceed
with the development in substantial compliance with the change in the
Zoning Ordinance and the map, as approved.
(b) The rights conferred by this section shall be for the time periods set
forth in Sec. 8-10.7 (c).
8-10.9. Applications Inconsistent with Current Policies. Notwithstanding
any provision of this Ordinance, a property owner or his or her designee may seek
approvals or permits for development which depart from the Ordinances, policies,
and standards described in Sections 8-10.7 (a) and 8-10.8, and local agencies may
grant these approvals or issue these permits to the extent that the departures
are authorized under applicable law.
Section 2. Supersession. This Ordinance shall supersede the provisions of
Alameda County Code Title 8, Chapter 1, as adopted by Dublin Ordinance No. 13, as
well as Ordinance Nos. 19-83, 74-83, 33-85, and 6-90.
Section 3. Effective Date and Posting of Ordinance. This Ordinance shall
take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance
with Section 36933 of the Government Code of the State of California.
68
PASSED AND ADOPTED by the City Council of the City of Dublin on this __
date of , 1990.
th
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
69
ORDINANCE,NO- ]3
AN ORDINANCE OF THE CITY OF DUBLIN
PROVIDING FOR INDEFINITE EXTENSION
IN EFFECT OF CERTAIN OF THE
COUNTY OF A~AP[EDA ORDINANCES
ADOPTED BY DUBLIN ORDINANCE NO. 1
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
Section 1. CERTAIN COUNTY ORDINANCES CONTAINED
IN EFFECT
The following ordinances only of the County of
Alameda, heretofore adopted by Dublin Ordinance No. 1,
which was adopted and effective February 1, 1982, shall
be continued in effect for an indefinite period:
Title 1
Title 2
Ti<le 3
Title 4
Title 5
Title 6
Title 7
Title 8
Chapters 1 and 2
Chapters 1, 2, 4, 5, 6, 7, 8, and 9
Article 8 of Chapter 6
Chapters 1 and 5
Chapters 1, 2, 3, 4, and 5
Chapters 1 and 2
Chapters 1, 2, 3, 4, 5 and 6
Chapters ! and 2
Section 2. DEFINITIONS
Any reference in the foregoing County of Alameda
ordinances to the "Board of Supervisors," "Planning Commission"
or "sheriff" shall be deemed to be references to the "Dublin
city Council, .... Dublin Planning Co~nission," and "Dublin
Police chief" respectively. ~
Section 3. IMxMEDIATE EFFECT
ordinance No. 1 was enacted pursuant to Gore=n men=
Code Section 35441 which provides that the County ordinance
shall continue in effect for a period of 120 days only
after incorporation of the City. The City of Dublin has
not completed the review and adoption of a municipal code
in said 120 day period, which ends on June 1, 1982. Unless
this ordinance becomes effective immediately, the City
of Dublin will be without a sufficient body of local laws
necessary to protect the public peace, health and safety.
This ordinance is therefore, necessary for the immediate
preservation of the public peace, health and welfare, and
shall hake effect immediately.
PASSED ~ND ADOPTED by hhe City Council of the City
of Dublin on this 24th day of May 1982 by the following
vohes:
AYES: Cm. Burton, Hegarty, geffery, Moffatt and Mayor Snyder
NOES: None
ABSENT:None
City C~rk
TABLE OF CONTENTS
PAGE
ARTICLE 1 -GENEI:L&L PROVISIONS ..................
8-1.0.
8-1.1.
8-1.2.
8-1.3.
8-1.4.
8-1.5.
8-1.7.
1
Title ........................ 1
Purpose and Authority ................ 1
Intent ......................... i
General Responsibilities ................. 2
Compliance ..................... 4
Definitions ...................... 4
Validity ........................
ARTICLE 2 - TENTATIVE MAPS '. .... ? ..............
8-2.0.
8-2.1.
8-2.2.
8-2.3.
8-2.4.
8-2.41.
8-2.42.
8-2.5.
Ig-2.6.
8-2.7.
8-2.8.
8-2.9.
Persons Authorized to Prepare .... ' ......... 5
Final Map or Parcel Map Number ....... .. 5
Filing ......................... 5
Form .........................
Data and Material to Accompany Filing ........ 5
5
Hearing ........................ 5
Public Notice .................... 6
Action: Subdivision ..................
Conformance to Alameda County Ordinance ....... 6
6
Appeals ....................... 7
Time for Action or Report .............. 7
Effective Period ...................
ARTICLE 3 - DESIGN .......................
8-3.0.
8-3.1.
8-3.2.
8-3.3.
8-3.4.
8-3.5.
8-3.6.
8-3.7.
8-3.$.
8-3.9.
8-3.10.
8-3.11.
General Requirements ............ $
Street Alignment ................. $
Street and Alley Grades and Widths ...........
Blocks .............. ' ........ 9
Lots ........ ' ........ 9
Grading ....................... 9
Final Grading Plan and Related Documents .......
Erosion and Siltation Control ............ 9
9
Flood Hazards ................... I0
Dedications ..................... l0
Reservations ............ : ...... 10
Advisory Agency May Authorize Exceptions ......
ARTICLE 4 - IMPROVEMENTS
8-4.0.
8-4.1.
8-4.2.
8-4.3.
8-4.4.
8-4.5.
8-4.6.
~-4.7.
8-4.8.
Ii
Duty of Subdivider to Improve Streets, Etc ....... 11
11
Required Improvements .................
Same. Limitations for Subdivisions into Four or Less Lots 12
12
Standards for Improvements .......... 12
Inspection by County Surveyor .......... 12
Cosl of Inspection .................
Deposit to Cover Cost of Inspection ........... 12
13
Improve~nent Security ' '- '---~ ....... 13
Same: Terms of ................
13
Comt~Ietion of Improvements ..............
ARTICLE ~ - UNDERGROUND UTILITIES .............
8-8.0.
8-8.1.
8-8.2.
$-8.Q.
8-8..5.
PAGE
23
23
Intent ................... ~ '"
Utility Distribution Facilities to be Placed Unde ground 23
23
Duty of Subdivider ................. 23
Request for Variance ............. 23
Action by the Advisory Agency ...........
ARTICLE 9 - SCHOOL FACILITIES DEDICATION ..........
24
8-9.0.
8-9.1.
8-9.2.
8-9.3.
8-9.4.
8-9.5.
8-9.6.
g-9.7.
8-9.8.
g-9.9.
8-9.10.
8-9.11.
8-9.12.
8-9.13.
$-9.14.
8-9.15.
8-9.16.
8-9.17.
8-9.18.
8-9.19.
8-9.20.
8-9.21.
$-9.22.
8-9.23.
$-9.24.
8-9.25.
8-9.26.
8-9.27.
24
Tide and Purpose ................. 24
Authority and Conflict .............. 24
General Plan .................. 24
Regulations ...... ', ............. 24
Chapter 4-7 ...... : ............. 24
Conditions of Overcrowding ........... 24
Dwelling Unit .....................
Reasonable Methods for Mitigating Conditions of
24
Overcrowding ............... 24
Residential Development ............. 25
Findings and Notice ............... 25
Notice Requirements ......... 25
County Concurrence ................ 25
Findings for Development Approval ......... 25
School District Schedule ......... 26
Developer's Responsibility ......... 26
Land Dedication Limits ......... 26
Exemptions ................... 26
Prior Agreements ................... 26
General Standard ................. 26
Fees ....................... 26
Land ......................... 26
Land Dedication ................. 27
Time of Performance ............... 27
Trugt of Land or Fees ........ 27
Fee Distribution ..... ' .............. 27
Refunds ..................... 27
School District Accounting ....... 27
Termination of Dedication Requirements ......
ALAMEDA COUNTY SUBDIVISION ORDINANCE
CHAPTER 1 OF TITLE g
ALAMEDA COUNTY ORDINANCE CODE
INCLUDIN(; AMENDMENTS I'HR~H OCTOBER 3,
Article 1
General Provisions
This ordinance shall be called the ,Subdivision Ordinance of Alameda
County."
g-l.1. 1~ aod Alrtix~ity. This ordinance shall regulate subdivision within
the unincorporated area of the County of Alameda pdrsuant to the SubdiVision Map
Act of the State of California.
g-l.2, irrte~a~ It is the intent of this Chapter to promote the public health, safety,
and general welfare; to assure in the division of land consistency with the policies of
the Alameda County General Plan and with the intent and provisions of the Alameda
County Zoning Ordinance; to coordinate lot design, street patterns, rights-of-way,
utilities and public facilities with community and neighborhood plans; to assure that
areas dedicated for public purposes will be properly improved initially so as not to be
a future burden upon the community; to preserve natural resources and prevent environ-
mental damage; to maintain sui'table standards to insure adequate, safe building sites;
and, to prevent hazard to life and property.
$-1.3. ~ R~ilities' In addition to the specific responsibilities set
forth herein, the following agencies and officers, or their duly authorized representatives,
shall have the general responsibilities hereby designated:
(c)
The Planning Director or his designated representative, is the Advisory Agen. cy
for subdivisions and is responsible for analyzing the design and coordinating
the processing or proposed subdivisions with County departments and public
agencies and, upon appeal, reporting thereon to the Board of Supervisors.
The Director of Public ~/orks, in addition to performing his duties as County
Surveyor specified in the Subdivision Map Act, is responsible for reporting
whether the proposed improvements are consistent with the design and
improvement standards specified or referred to in this Chapter, for the
inspection and ultimate approval of all such improvements, and for making
recommendations on the granting of variances under Section I~-3.11.
The County Health Officer is responsible for establishing requirements for
water suppty, sewage disposal, and advising upon other matters affecting
public health.
(d)
; (b)
The Building Official is respor~ible for enforcing the provisions of this Chapter,
except for such matters that are in the jurisdiction of the County Surveyor.
For such propose, the Building Official shall have the powers o! a police
officer.
~-1.~.
(a)
No real properly, or portion {hereof, shosvn on the latest equalized County
assessment roll as a unit or conti§uous units and lying wholly or partially
within the unincorporated portion of Alameda County shall be divided into
two or more parcels for the purpose of sale, lease or financing, whether
immediate or future, unless prior thereto a tentative map is acted upon
and a final map or parcel map has been filed in accordance with the pro-
visions of this ordinance, except for the cases of subdivision for which the
advisory agency waives the requirement for filing a parcel.map based on
the findings: (1) that the proposed subdivision complies with requirements
as to area, improvement and design; flood and water drainage control, appro-
priate improved public roads, sanitary disposal facilities,'water supply availa-
bility, environmental protection, and other requirements of this chapter;
(2) that waiving the Parcel Map will not be materially detrimental lo the
public welfare; and (3) that iil~ng of a parcel map would impose a unusual
hardship to the subdivider.
A ~a, tive ma~ re uq~e~d but no parcel map or final map is r~quired for
the ~ollo~v--ing cases of subdivision:
(1) The subdivision results in parcels that each are of an area of forty
(40) acres or more or are quarter-quarter sections.
(2) The subdivision is for the purpose of leasing commercially or industrially
zoned land for a period not exceeding five years.
(3) The subdivision is for the purpose of conveying one or more contiguous
recorded parcels which were separate, legal building sites when acquired
by the property owner.
(4) The subdivision is for the purpose of le~ing for a short term (terminable
by either party on not more than 30 days' notice in writing) of a portion
of the operating right-of-way of a railroad corp6ration defined as
such by Section 230 of the Public Utilities Code.
(5) The subdivision is for conveyance of land to a public agency or public
utility, or to a subsidiary of a public utility for conveyance to such
public utility for rights-of-way, unless a showing is made in individual
cases, upon substantial evidence, that public policy necessitates such
a parcel map.
(c)
(d)
(e)
(f)
No person 4..il sell or lea~e or contract to sellase any subdivision,
or any part thereof, until a final map or parcel map thereof in full com-
pliance with the provisions 'o! this Ordinance has been filed in the office
of the Recorder of Alameda County, except for the cases listed in (a) above
for which only a tentative map need be acted upon.
Any deed of conveyance, sale or contract to sell made contrary to the
provisions of this ordinance Ls voidable to the extent allowable and in the
same manner provided for violation of the Subdivison Map Act.
Any sale, contract to sell, or deed of conveyance made contrary to the
provisions of this ordinance is a misdemeanor and is punishable by a fine
of not less than twenty-five dollars and not more than five hundred dollars,
or imprisonment in the Cot]nty jail for a period of not more than six months,
or both.
At such time as the Building Official becomes aware of a land division
in violation of the provisions of this Chapter, he shall record a notice of
intention to record a notice of such violation in the office of the County
Recorder of Al~.rneda County, describing the land so divided, naming the
owners thereof, and describing the violation, and stating:that an opportu- ·
nity will be given to the owner to present evidence. A copy of such notice
will be mailed to the owner. The notice shall specify a time, date, and
place at which the owner may present evidence to the advisory agency
why such notice should not be recorded. Ii, after the owner has presented
evidence, it is determined that there has been no violation, the Building
Official shall record a release of the notice of intention to record a notice
of violation. If, however, after the owner has presented evidence, the
advisory agency determines that the property has in fact been illegally
divided, or if within 60 days of receipt of such copy the owner fails to
inform the local agency of his objection to recording the notice of viola-
tion, a notice of violation shall be recorded with the County Recorder.
The notice of intention to record a notice of violation and the notice of
violation, when recorded, shall be deemed to be constructive notice of
the violation to ali successors in interest in such property. The County
recorder shall index the names of the fee owners in the general index.
Nothing in this section shall be deemed to require such recording as a
condition precedented to the enforceability of any other provision of this
Chapter.
Pursuant to the request bf any person owning real property,' or purchasers
of the property under a contract of sale, the Planning Director, upon the
determination that the property complies with provisions of the 5ubd'wtsion
Map Act and this Chapter, shall record a Certificate of Compliance. If
the property does not comply, conditions may be applied as would have
been applicable to the subdivision creating the property. Upon applying
such conditions, the Planning Director shall record a conditional Certi-
ficate of Compliance. £uch certificate shall serve as n°tice t° the pr°perty
owner or vendee who has applied for the certificate pursuant to this sec-
tion, a grantee of the property owner, or any subsequent transferee or
assignee of the property that the lu[fillment and implementation of such
conditions shall be required prior to subsequent issuance of a permit or
other grant o[ approval for development o[ the property. Compliance with
such conditions are not required untit such time a_s a permit or other grant
of approval [or development of such property is issued by the local agency.
(h)
Neither the approval nor conditional approval of any tentative map shall
constitute or waive compliance with any other applicable provision of the
Alameda County Ordinance Code, nor shall any such approval authorize
or be deemed to authorize a violation or failure to comply with other appli-
cable provisions of said Code.
g-l.~.
(b)
All words and terms used in the Chapter shall have the same meaning as
defined and used in the Subdivision Map Act.
,,Subdivision" means the division o! any improved or unimproved land, shown
on the latest equalized county assessment roll as a unit or an contiguous
units, for the purpose of sale, lease or financing, whether immediate or
future except for leases of agricultural land for agricultural purposes.
Property shall be considered as contiguous units, even if it is separated.by
roads, streets, utility easement or railroad rights-of-way.' "Subdivision".
includes a condominium project, as defined in Section 13~0 of the Civil Code
or a community apartment project, as deiined in Section 1-1004 of the Busi-
ness and professions Code. Any .conveyance of land t_o a.governmental.: ........
agency, public entity or public utility shall notbe considered a division of
land for purposes of computing the'number of parcels. As used in this sec-
tion, ,,agricultural purposes" means the cultivation of food or fiber or the
grazing or pasturing of livestock. "Subdivision" does not include:
(i) The financing or leasing of apartments, offices, stores or similar space
within apartment buildings, industrial buildings, comme, r.cial buildings,
mobile home parks or trailer parks;
(2) Mineral, oii, or gas leases;
(3) Land dedicated for cemetery purposes under the Health and Safety
Code of the State of California;
(4) Adjustment of a boundary line between owners of adjoining parcels,
which does not resutt in additional building sites or parcels, provided
said division receives Zoning Approval in accordance with section
8-90.0 et. seq.
Boundary line or exchange agreements to which the State Lands Com-
mission or a local agency holding a trust gran{ of tide and submerged
lands is a party.
(c) "Subdivider" means a person, firm, corporation, partnership, or association,
who proposes to divide, divides or causes to be divided real property into
a subdivision for himself or for others except that employees and consultants
of such persons or entities, acting in such capacity, are not "subdividers."
(d) "Map" means either Parcel Map or Final Map.
8-1.7. Validity. It any section, subsection, sentence, clause or phrase or thLs
Ordinanve is for any reason held to be invalid or unconstitutional by the decision of
any Court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions o[ this Ordinance. The Board of Supervisors of the County o[
meda, State o[ Cali(ornia, hereby declares that it would have passed this Ordinance
and each section, subsection, sentence, clause and phrase thereof, irrespective of the
[act that any one or more section, subsections~ clauses or phrases be declared invalid
or unconstitutional.
g-2,5, ~-tlor~ . vI~ic~n- The advisory agency shal;
approve, ar disapprove tentative maps of subdivisions normalij ithin 90 days after
· · royal may include, but are not limited to dedication and improve-
fLlin~. Conditions of ap.p ........... iohts and abutter's rights, drainage, public
men~ of streets, alleys ~nc~uo~nE ~-~=o~ ' ~
utility easements and other public eas~ment~.
g-2.6. Crmf~ to ,Rlamc-~Ja ~ Orr~anc~ Mo tentative map shall be
approved which is not in conformance with the provisions of this Chapter, the Alameda
County Zoning Ordinance and any other ordinance of Alameda County.
g-.2.7. ~
(a) The E~ard of Supervisors shall be the Appeal Board.
(b) As used herein, the term -interested ~'r's°n'adversely affected" means any
County departmen'c er agency ar.any per;~on claiming'that the decislon is
likely to result in personal economic !gs~..ar_.damage to his property.
(c) vdithin fifteen (15) day~ after acti06, the subdivider_may appeal from any
action of the Plgnning Director to the Board cf Supervisors.. Appeals to
the E~ard of Supervisors shall be sub~nitted in writing to the Clerk of the
E. oard. Said appeals shall reference the tentativ6 map n.umber and shall
state fully the nature and extent of' the appeal and the reasons why it is
taken. Such appeal and the hearing thereon shall be conducted in the manner
provided by Government Code. Section 66~52.5(a) and (b) and subsection
(f) of this section.
(d) Any interested person adversely affected by a decision of the 'Advisory
Agency may file a complaint on a form to be provided by the County Planning
Department with the Clerk of the Board of Supervisors concerning such
decision. Any such comp!aint shall be filed with t~he Clerk within fifteen
(l.s) days after the action svhich is the subject of the complaint. 'Fne Board
of Supervisors may~ in its discretion, reject the complaint svithin fifteen
(I~) days or set the matter for pubEc hearing. If the Board rejects the
of the 15o o · . .'CC~z~o~x~-~ ,~ ' ,
(e) Any ~nte es~.~c~ p · . . ~ ;- ...... -~t Code Sect,.ons 66t~73.~,
~' thereon shall be conducted in the manner provided by Government Cede
~ 2 5(a) mhd (b)~ ~d the subsection (~) ~f thls ~ct~on.
~tlon ~ ~' - ~ ~ ~c ~'~
~~~artn is held pursuant ,~ t~is ~ct~on, it sha~ be conducted
(f) ~henever a pubE g ~ ~ ~-~.:~ c~;~l 3 Notice"of the t~me ~d
as required by Government ~oce ~ .....
plac~ ther~of~ and a general description of the location of the proposed
subdlvlsion shall be given at least ten (10) days before the hearinE by publication
once in a newspaper cf general Clrc01ation ~qd published and circulated
in the County of Alameda.- Any interested per~n may appe~ at such hCarlnE
a'nd shall ~ heard.
6
~n
~de
i-
~ce
.n:s
A~ticle 2
Tentative Maps
$-2.0. p,~sorm Auflx>~ to PrL--pm'e- Ail tentative maps of subdivisions of five
or more lots shall be prepared by a registered Civil Engineer ar licensed Land Surveyor.
All other tentative maps may be prepared by any person.
8-2.1. p-mol Map or Parcel Map ~. The Final Map or parcel map number
shaI1 be assigned by and obtained from the County Recorder.
8-2.2. P-fling. The time of filing shaI1 be the time at which the prescribed number
of copies of the tentative map in the form required and the filing fee are received by
the Planning Director.
$-2.3. Forrru The form of the tentative map and the number of copies required -
fo~ filing shall be as prescribed by the Planning Director. The Planning Director may -
authorize deletion or reduction of map requirements on the determination that the
mad contains sufficient information to be evaluated adequ~ate!y and preparing it in the
pre'scribed form would impose an unusual hardship upon the land divider. . ',' '
$-2.~. Data and Material m/~:company Filing. For any subdivision into five or
more lots and, when required by the advisory agency, for any other subdivision, the
tentative map shall include:
(a) A preliminary grading plan prepared by a civil Engineer registered by the
State of California.
(b) A conceptual plan for soil erosion and sediment control for both construction
and postconstruction periods prepared by the Civil Engineer, or, with respect
to the soil erosion control provisions, by a Landscape Architect registered
by the State of California.
(c) A soils-geologic investigation report.
Said data and materiM shall be consistent with requirements and specifications of the
Alameda County Grading Ordinance. Additional reports and data may he required by
the Planning Director when deemed necessary due to scale of the proposed subdivision
or presence of potential hazardous or environmentally sensitive conditions.
$-2.41. ~ir~ Tne Advisory Agency shall conduct a noticed pub[lc hearing
on all subdivisions. Hearing procedures shall be established by the Advisory Agency.
$-2.~2. Public Notk~ The Advisory Agency shall give a public notice of the
time a~nd place of hearing on a subdivision by posting notices not less than ten (I0) days
prior to the initial hearing on the matter. The notice shall include a brief description
of the location and design of the subdivision. Notices shall be placed not more than
500 feet apart along each street abu~ino the proposed subdivision extending at least
300 feet beyond the subdivision. In event of an appeal, thisformof public notice shall
be given in addition to that required under Section 8-2.7.
~-2.S. T'u~e for ^ct[o~ c~ R~ Any'of the time limits for action or re~rt "
may ~ extended by mutual consent o[ the subdivider ~d the advisory agency. Failure
o[ the advisory agency or ap~a[ board to act ~ith[n the tlme limits s~cified herein
or in the Subdivision Map Act shah be remedied ~ s~cified in the Subdivision Map
A~ [or inaction on tentative maps o[ subdivisions. In the event ~ Environmental
impact Re~rt ~ required to be consldered prior to action on the map, time [[mi~ [or
action ~h~[ ~ sus~nded during the time necessary [or preparation o[ the Env[ronmenta[
[m~ct Re.rt.
tentative map shall ~ e[[ect[ve [or
~[ ears~ or ~or such shorter ~r[od ~ may ~ s~cified by the advisory
~2.9. ~~ ~ The approval of a
two ~d.~e ~ ~- --~ *~tative ma~" U~n application of the subdivider during the
/ effec ~' ...... :-- ~;-ector who ~ designated the advisory agency zor
/ be ir~tea o! !~_ ~.,., ~nation that circumstances p~der .which t~e ~ap was
"~ - -- -~ --':ye ma; "The Planning ~irector snan za~e ~c~on u,~.~vv
~-~"~ ~e?. ol m~t~,within~en working days Mter receipt.
,~-tide 3
D~sign
~-3.0. Gene~ Requirermmt~ In addition to meeting the specific requirements
of the article, the design of the subdivision shall, to the satisfaction of the advisory
agency, conform to the land use and circulation policies of the Alameda County General
Plan and its component elements and any other officially adopted specific plan or land
development policy~ and shall conform to the Alameda County Zoning Ordinance, offi-
cially adopted standards for streets and roads, grading, erosion and siltation control~
seLsmic safety, and design standards adopted by the utility~ fire protection, sanitary
and flood contro[ 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
* e h sical characteristics of the [and, and the environmental requke-
future population, th . p Y , .~ .o ~roduce an optimum human habttat:
ments'of the surroundingcommumrY[ P- " '
g-3.1. Street Alignment. The center lir~es of all streets and highways which are
to be extended shall be the continuation of the center lines of e~isting streets and
highways in adjacent and contiguous territory. In cases in which the straight continua-
tions are not desirable, the center lines may be continued by curves tangent at the
intersection with the boundaries of the proposed subdivision to the center lines of existing
streets or highways.
$-3.2. Street and Alley Grades and 1/idtt~
(a) Grades of all streets and alleys shall be established so that the subdivision
is properly drained and shall conform as nearly as possible to the natural
topography of the property.
(b) Where a subdivision adjoins acreage, provision may be made for reasonable
future access to the acreage.
(c) The widths of streets shall be based on the width of streets of which they
are a continuation.
(d) .Minimum right-of-way widths of streets which are to be accepted into the
County Road System shall be f°rty (40) feet' Easements for construction
and maintenance of slopes in excavation or embankments outside the limits
of street dedication may be required where topographical conditions make
easements desirable.
$-3.3. Block~
(a) Blocks shall not exceed one thousand three hundred and fifty (1,350) feet
in length unless the previous adiacent layout or topographical conditions
or the special design of the particular subdivision iusti[Y a variation from
this requirement. Long blocks shall be provided adjacent to main thorough-
fares, in order to reduce the number of intersections.
lng
(b)
At street intersections the block corners shall be rounded at the property
line by a curve to provide at least one hundred (100) feet sight distance
diagonally between two (2) vehicles approaching the corner on intersecting
street center lines; the radius of the curve shall be not less than twenty
(20) feet.
8-3.~. Lo~s-
(a) Lots shall be designed to meet or exceed the minimum standard for area,
median lot width, and effective lot frontage specified for the Alameda County
Zoning Ordinance for the zoning district in which the subdivision is located.
(b) Lots, and the grading thereof, shall be of a size and shape to accommodate
the uses that reasonably could be expected to occur under existing zoning
with consideration given to the limitations of topography and soil conditions,
and the need for providing access, privacy and preserving natural features
of significance.
'g-3.5. G~. Subdivision grading shall conform with the intent, generalrequirements
and lot design requirements of this chapter and shall be consistent with recommendations
contained in the soils-geologic investigation report, and shall specificially conform '
with all design standards and criteria contained in Alameda County Grading Ordinance,
Chapter 9, Title 7 of the Ordinance Code of Alameda County. All such design standards
and criteria are incorporated herein by reference.
8-3.6. l~nal Gradir~ Plan and Related Doo~n,~rt_~ Upon completioE of rough
grading work and prior to the approval of the foundation for any proposed building or
structure, all applicable items referred to in Section 2903(d), Chapter 29, Alameda
County Building Code shall be provided to the Building Official for approval as setforth
in said section of theBuilding Code.
g-3.7. Erosio~ a~! Siltation Control
(a)
(b)
Slopes. The faces of cut and fill slopes shall be prepared and maintained
to control against erosion.
Debris Basins. Debris basins shall be installed whenever and wherever necessary
to protect the subdivision and the properties below the subdivision from
erosion and siltation.
(c)
Temporary Debris Basins. Temporary debris basins shall be installed prior
to commencing grading operation and shall be maintained until the erosion
and siltation control measures have been installed and are fully effective.
(d)
Erosion and siltation control measures shall be consistent with the recommendations
contained in the preliminary soils investigation report and the report evaluating
the geological conditions present.
$-3.$. Ftoocl ~cl~ Where a subdivision is proposed which lies partially or
totally within an area designated on a map prepared by a governmental agency as having
a special flood hazard the subdivider shall make provisions to minimize damage to structures
and improvements, including those of public utilities. The subdivider shall provide adequate
drainage to reduce exposure to such hazards and shall design water supply and sanitary
sewage systems to minimize infiltration of flood waters into the systems and discharges
of sewage and other contaminants into flood waters.
$-3.9. Deeficat. iar~ The advisory agency 'may require dedications or oiIers o!
dedication ,.or any purl~se specified in Article 3 of Chapter t~ o! the Subdivision Map
Act subject to the procedures and qualifications specified therein.
g-3.10. R~~ The advisory agency may require that areas within the
subdivbion be reserved for parks, recreational facilities, fire stations, libraries, or other
pubBc ~s based on ~ adopted general plan or specific plan subject to the pr~edures
and q~lilications of Chapt~ ~ oI Article ~ oi the Subdivision Map Act.
~~ ~~ The advisory a~ency may,
~n the ex ~ - ..,a~e d~snosal system P
Chapter for water ~o ~w b r
grade$~ widths~ lengths~ bl~k design~' median lot width~ and eilective .lot frontage,
to all subi~ts re!erred to in Sections ~-3.~ and ~-3.7 as is determine~ warranted by
topographic limitations or soil or g~logical conditions, the opportunity tot more e!iectNe
and deskable land utilization, or the showing that under the particular circumstances
an alternate standard would meet or sdrp~ the intent oi the gNen requkement-
Article ~t
Improvements
8-¢.0. Duty of Sub&rider' to Improve Streets~ Etc. The subdivider may be required
to improve all streets, highways, public ways and easements which are a part of the
subdivision.
$-t~.l. Required Iml~-ov~me~ts. The required improvements shall include:
(a) Grading and surfacing of streets, highways ~nd public ways, and the drainage
thereof.
(b) The grading of the lots and the drainage thereof as may be required by the
design of the approved tentative map.
(c) The construction and installation of debris basins and the znstahat~on of
erosion and siltation control measures as may be necessary to control erosion
and siltation.
(d) For any subdivision requiring a Final Map, domestic water suppiied by a
public utility subject to regulation by the Publ~c Utilities Commission of
the State of California or by a public agency authorized to levy taxes for
such purposes wh~.ch has consented in writing to provide such water. For
all other subdivisions, a water supply of the extent required above for a
subdivision, or to any lesser extent as may be determined by the Health
Officer as sufficient to protect the public health, considering the uses and
intensity of development permitted in the area of the land division.
(e) For all subdivisions having lots less than ~0,000 square J~eet, a sanitary sewer
system and sewage disposal works serving each lot administered by a public
agency authorized to levy taxes for such purposes, which agency has con-
sented in writing to provide such service. For any other subdivision a sewage
disposal system of such extent as may be determined by the Health Officer
as sufficient to protect the public health, considering the uses and intensity
of development permitted in the area of the land division.
(~) Construction o~ such structures as may be necessary for public safety, including
but not limited to locaI neighborhood drainage, traffic safety signs and devices,
and street l~ght,-'ng.
(g) In case of a subdiviMon included in a fire district the subdivider shall [nsta}l
water mains, fire hydrants, gated connections and appurtenances to provide
water supply for fire protection in conformance with standards, if any, established
by the fire district, or where a land division is not included ~n a fire district,
the subdivider shall make such installations in conformity with the latest
standards established by the Insurance Services Office.
11
g-t~.2. Same- Limitatior~s lot Stttxlivisior~s into Fo~m o~' Less Lots. Improvements~
which may be required by the Advisory Agency for subdivisions into four or less lots
are limited to the dedication of rights-of-way, eazements~ and the construction of
reportable offsite and onsite improvements for the parcels being created. Requirements
for the construction of such offsite and onsite improvements shall be noticed by certi-
· he rcel map, on the instrument evidencing the waiver of such parcel map,
f~c.ate on t . p~. ....... ~ shall be recorded on, concurrently with, or prior to the
or Dy separate ms;rumeu. L ~.,~ . - -~ ...... ~ -,-~ beinv filed for record.
parcel map or instrument oz wazver u~ ,~ ~-,- ...... v o ·
Fulfillment of such construction requirements shall not be required until such time
as a permit or other grant of approval for development of the parcel is issued by any
agency of Alameda County, or until such time as the construction of such improvements
is required pursuant to an agreement' between the subdivider and the local agency,
except that in the absence of such an agreement, a local agency may require fulfillment
of such construction requirements within a reasonable time following approval of the
parcel map and prior to the issuance of a permit or other, grant of approval for the
development of a parcel upon a finding by the local agency that fulfillment of the con-
struction requirements is necessary for reasons of:
(1) The public health and safety; or :
(2) The required construction is a necessary prerequisite to the orderly development
of the surrounding area.
g-t~.3. $~xtar~ fc~ Irnprovermmts. Except as provided in sub-Section g-~.l(g)
of this article, all improvements shall be constructed in accordance with standard en-
gineering practice and in accordance with plans and specifications approved by the
Board of Supervisors.
g_t~.~, tnspecticm by C-xami3r Surveyor. The County Surveyor shall have the right
to enter upon the site of the work for the purpose of inspecting the same 3.nd shall be
furnished with samples of materials as he may require for the making of tests to determine
the acceptability of the materials.
8_t~.5. ~ of ~ The subdivider shall pay to the County the actual cost
for the inspection of the work and checking materials.
$-4.6. ~t to Carver Cc~ of ~c~. Under deposit: 'Over deposit: When
the final map or parcel map is presented to the Board of Supervisors, the subdivider
shall give evidence that he has deposited with the County Treasurer a sum in the amount
estimated by the County Surveyor as being sufficibnt to cover the costs of inspection
and tests. If the amount so deposited exceeds the actual cost to the County, the sub-
divider shall be reimbursed for the balance remaining. If the actual cost exceeds the
deposited amount, the County shall stop all construction until the land divider prose.nfs
a receipt for a deposit with the County Treasurer of an additional sum as estimated
by the County Surveyor.
12
~-4.7. lml:~°wernent 5ec~ity. In the event an agree-...nt ~or the improvement
o[ streets or easements, or ~or the ~r[ormance o[ any other act, is entered into between
the county and the subdiv~der~ the contract may ~ ~cured by any one o[ ~e methods
provided in Chapter ~ o~ the Subdivbion Map ~ct.
~.~. ~ T~ o[. The contrac a[so s~ci~y the time ~ithin which
t~ ~ork must be completed and must al~ s~ci~y that should the ~ork not ~ satis-
~actor~y completed ~thin the time limit, the County shall complete ~ s~ci~ied ira-
provements and ~ completely reimbursed there[ore by the owners or o~ner o~ the
land ~vision. The contract may provide ~or the improvemen~ to ~ installed in units,
~or extension o~ time ~der s~ci~ied conditions or ~or the termination o~ the contract
u~n a reversion o~ the division o~ land ~ a ~rt ther~ to acreage.
~.9. ~eU~ ~ ~~~ As-built Drawings and Declaration. U~n
completlo~ of improvements, the subdivider shall ~ovide as-built drawings in the form
req~red by the County Surveyor prepared by a Civil Engineer reggtered by the State
of California showing the subdivision ~ it has been. completed. For MI are~ of the
subdivision, except those ~eas within County Roads right-of-way and other public
-lands or ea~ments to ~ accepted by.the County, the Civil Engineer shall provide in
'the form required by the County 5u~veyo~ a declaration that all const~tion and lm-
provement works have ~en completed in accordance with the approved plans and speci-
fications ~d this Ordinance.
13
Sur~eys az~d Monuments
~-~.0. Fie3d .S~'~Y. A final map or a parcel map based upon a field survey shall
be made in conformity with the Land Surveyor's Act.
~-~.1. D~- ~/henever the f~eld survey indicates a discrepancy from
previously recorded data, the record dimensions shall ~ shown in parentheses and
in the ~me basis of bearings along ~ith the field dimension. When the discrepancy
is major ~d causes'a confUct to title, the subdivider shall take appropriate action
to cle~ said title prior to the ~iling of the map.
~.2. ~~ A parce~ map may be compiled ~rom a recorded or filed map
if all the following condltlons ~e ex~st~ng.
(a) A map filed in the Offlce ~f the County Recorder after Uanuary I, 1968,
or wlthin seven (7) years of the date o~ approval o~ the tentztLve map or
subject to prlor approval o~ the County Surveyor.
(b) Ail o~ the exterior boundary lines are lndiczted by field ~arlngs ~qd d~s-
lance on said map.
(c)Sufficient s,drvey information exists on sa~d map to locate and retrzce
the exterior ~undary lines.
(d) At te~st one o~ these boundary Unes c~n be established ~rem ~ ex~st~n~
monumented }~ne which is shown on sa~d map.
8-~.~. A~ ~~ An accurate and complete ~undary closure sh~U
be made o[ the iand to be d~v~ded. A traverse o~ the exterior ~und~r~es o~ the tract
or parcel and o~ e~ch block and lot or parcel when computed, must dose w~th~n a Emit
o~erroro~0-0t~°~a~°°t in]at~tudeand/°rdeparture' Streetmonument~t~onwiU
be ~etd checked to ~ accuracy o~ 0.0i o~ a ~oot per t00 ~eet and an~e measurement
to 20" o~ ~ngte ~d not to exceed 0.0~ o~ a ~oot ~nt postt~on.
8-~.~. R~' [~ the remMnder o~ the ortg~a} p~rcei shown on the parcel
m~p has a gross are~ o~ ~ve ~cres or more, sa~d remainder may-be a ~ieid survey or
may ~ indicated by deed be~rtngs ~nd &stance shown in br~ckets~ the bearings sh~[t
be on the same basis o~ ~arings as the survey and the distances shaU be in ~eet and
designated ~ being a ,,Non-surveyed Remainder."
~_~.~. ~ ~ ~ L~ ~'henever the County Surveyor or a city engineer
has established the center line of a street or alley, ties shall be made to that center
l~ne and any monument or re[erence ~tnt thereon.
?
~-5.6. Boo, dory k!o~urn~-a~ Field Sur~:y. Monuments shall be set, or witness
thereto, at all maiar angle points, and shall be sufficient in number together with
existing monuments af record for the perpetuation ar facile re-establishment of any
point oc line of the exterior boundary.
~-~.7. lSojadar? M~t~ Compiled. When the exterior boundary of a parcel
map i~ compiled from a filed map, the point of intersection of a new division line with
the exterior boundary line shall be monumented or witness thereto.
~_.~.~. [5ooadary [~oc~rne~tr~ Typ~. Monuments set shall be durable in nature,
such as an iron pipe, and efficiently placed so as not to be readily disturbed.
g-5.9. Street Mor~tm~nts. 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.
$-5.10. Street M~tr~ Type. Permanent monuments :hall conform to
approved standards of the County of Alamed~ ,for Concrete Monument for use on
subdivision project. :
(a) Exterior boundary monuments shall be set be£ore approval o£ the final
map or parcel map.
(b) Interior monuments may be set after approval of the final map or parcel
map provided that they be set not later than the time of completion of
improvements and adequate improvement security is filed with the County
prior to County Surveyor approval and certification of the map.
S-~.12. l~-~rncntr~ Ir~pectic~ ar~ Apgco~al, All monuments shall be subject
to inspection and approval by the County Surveyor.
S-5.13. C~lifornia Coorcrn-at~ :System. Whenever the County Surveyor has an
approved system of California Coordinate monuments the survey shall be tied into
the approved monuments.
Article 6
Final Map and Parcel Map
g-6.0. Title Block. Each sheet of the map shall contain a title, consisting of
the tract number or parcel map number, but no commercial name or title shall appear
on the map as a designation. Below the number shall appear "Township, Alameda
County, California-" Next the name o! the Surveyor or Firm, County and State, the
scale and date. If partly within an incorporated city, the name of the city shall also
appear. If the subdivision is a condominium project, the statement "A Condominium
Project" or "For Condominium Purp~Ses'' shall appear beneath the tract number.
8-6.1. Title :Sheet. The title sheet shall show the Title Block, Owner's Certificate,
Acknowledgements, Surveyors' Certificate, County Surveyor's Certificate, County
Recarder's Certificate. A Subdivision of, being the name, and legal designation of
the tract in which the survey is located and any other statements or notes that are
required.
~-6.2. Map 5~h~et- The scale of the mapishall be one (1) inch equals forty (40)
feet or less, unless otherwise approved by the County Surveyor. Every sheet comprising
the map shall show the Title Block, north arrow, legend, basis of bearings, sheet number
and number of sheets comprising the map.
8-6.3. ~xlex 5~~et- If there are more than three map sheets, there shall be an
index sheet preceding the map sheets.
g_6.t~. Exterior ~' The exterior b~undary of the land included within
the subdivision shall be indicated by the following symbol: a long line (minimum 1/2
inch in length) followed by three (3) short lines (maximum 1/$ inch each in length),
the width of said line segments shall be such that they are distinctive.
8-6.5. Lot and Parcel ~ir~ Lots or parcels shall be numbered in numerical
order starting from numeral "P'- Circles, squares, or other geometrical figures shall
not be drawn around the letter or numbers. If possible, each block shall be shown
entirely on one sheet; each lot or parcel must be shown entirely on one sheet.
8-6.6. Lar~s for Private Use: for Public Use: De~ignation~ 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 adioining streets that will be accepted for
dedication or where the street is he[din fee by the County of Alameda. No ditto marks
shall be used. Parcels offered for dedication but not accepted shall be designated
by letter, and private streets offered but not accepted for dedication shall have inserted
the words, "private Street."
~-6.7. Lzr, ds for public Us~ 13~ticatio~: Oder oL All parcels of land shown
on any map and intended for any l~blic use shall be offered ior dedication for public
use except those parcels, other than streets, which are intended for the exclusive use
of the lot o,;vners in the subdivision~ their licenses, visitors, tenants, and servants.
8-6.8. Line at l~ghtsr I-li~h l~ate~- Designation. The map shall show the line
of highec high water in case the subdivision is.adjacent to tidewater.
g-6.9. Streets: Side I~ Widths. The map shall show the monument lines
and side lines o! all streets, the total width of all streets, the width of the portion
being dedicated and the width of existing dedication, and the widths each side of the
monument line, also the width of railroad rights of way appearing on the map.
8-6.10. Easements= I3~scripticr~s. The map shall show the side lines of all ease-
ments to which the lots are subject. Easements must be clearly labelled and identified,
and if already of record, the recorded reference given. If any easement of record
is not definitely located, a statement of the easement must appear on the title sheet.
The width of the easement and the lengths and bearings of the lines thereof and suffi-
cient ties thereto l~o definitely locate the easement with respect to the subdivision
must be shown. If the easement is being dedicated by the map, it shall be properly
set out in the owner's certificate of dedication.
8-6.11. l~icatico- If dedication or offers of dedication are required, they may
be made either by certi, fication on the map or by separate instrument. Ii~ dedications
or offers of dedication are made by separate instrument, such dedication or offers
of dedication shall be recorded concurrently with, or prior to, the map being filed
for record.
8-6.12. Street Name~: APgcoval by AdvLs~ Agency: l~ignations. In order
to avoid duplication, names to be used on new streets shall be subject to the approval
of the Advisory Agency. If any designation be number, they shall be spelled out com-
pletely, using hyphens in such forms as "Twenty-Third Street." The words: "Avenue,"
,'Boulevard," "Place," etc., shall be spelled out in full.
g-6.13. Pr~ Upon approval of the tentative map, prints of the final map
of parcel map shall be submitted to the County Surveyor for his examination for con-
formance to the approved tentative map, local ordinance, the Subdivision Map Act,
and the Land Surveyor's Act.
8-6.1 g. l~ta arid Matr~ri-nl to .~cc:o~pany t~ .Sc~brnittaL ~The following data ·
and material shall be provided by the Subdivider or his agent:
fa) A traverse sheet or sheets in a form approved by the County Surveyor
giving latitudes and departures and coordinates of the b~undary of the
subdivision, blocks~ lots, or parcel and monument.line, s.therein-
(bi A minimum of three sets of prints of the maP.
(c) Submit a copy of the record owner deed and/or those deeds used in the
survey, i.e., senior, adjoiners and easements.
17
(d) Submit a curren~ Title report~ and deeds of trust.
(e) Plans, cross sections~ profiles and sPecifications of the street improve-
merits, grading, drainage facilities, and erosion and siltation control measures
or structures and such drawings and specifications as the County Surveyor
may require. 'The plans and drawings ~shall be drawn to a scale not to exceed
one (1) inch equal forty (t0) feet horizontal and one (l) inch equal four
(~) feet vertical~ unless prior approval is granted by the County Surveyor.
Plans and drawings shall be in the form specified by the County Surveyor
and shall be certified by a Registered Civil Engineer.
(f) A statement of the water supply installed or available for the subdivision,
includir}g informatign as' to the source and adequacy of the supply.
(g) A statement of the sewerage works and sewage disposal installed~ proposed
or available for the subdivision, together 'with a statement from the County
Health Officer that the proposed system will comply with all Health Depart-
ment rules and regulations and state laws and operate without creating.
a public or private nuisance, or a siatement shall be required where the
subdivision is to be sewered by connection to an existing public sanitary
sewer system.
(h) The tracing of the map shall contain original signatures and shall be submitted
for certification when notified by the County 5urveyorl in addition to the
tracing of the map there shall be submitted three sets of prints of the map
and one set of blue line cloth prints of the map.
8-6.15. Fees payable for Processing a F-real Map: Evi6~x:e ol Payment m Ccmty
.S~-veyc~. The subdivider shall pay to the County for the purpose of checking, invest[-
gating, surveying, and other matters required by law and these regulations, the sum
of one hundred dollars ($100.00) as a fee for filing a Final Map and in addition shall
pay to the County the actual cost of the checking of the map, plans and specifications,
and investigations incidental thereto.
When prints of the map and accompanying data and material are presented to the
County Surveyor for examination, the subdivider shall give evidence to the County
Surveyor that h'e has deposited with the County Treasurer the sum of one hundred .
dollars (5100.00) and an additional amount computed on the basis of three dollars
($3.00) for each lot or parcel shown on the map or two hundred dollars ($200.00), which-
renter. The amount.of thre~ d._ . $ -- stima'te of the cost of checking.
ever is ~; .e .ollars (3.00) cer lot or parcel or two hundred
dollars 200.00), whichever ts greater, ~ mtended as an e
At such time as the number of street monuments have been approved by the County
Surveyor, the subdivider shall deposit with the County Treasurer a minimum amount
of fifty-five dollars ($55.00) per street monument, the total amount to pay the County
for the purpose of field checking the street monuments. If the amount so deposited
exceeds the actual cost to the County~ tl~e subdivider shall be reimbursed for the
balance remaining. If the actual cost exceeds the deposited amount, the County Surveyor
shall withhold certification of the map until the subdivider presents a receipt for the
deposit of the excess amount.
18
8-6.16. Fee P-ay-able for ~ a Parcel dap. The subdivider shall pay to
the county for the p~rpose of checking, investigating, surveying and other matters
required by law and these regulations for processing a Parcel Map the fee fixed by
the schedule adopted for that purpose by the Board of Supervisors and in effect at
the time the Parcel Map i~ submitted for checking. Said payment shall be submitted'
to the County Surveyor at the time the Parcel Map is submitted for checking.
~-6.17. T~ttaL After the 'County Surveyor's approval and certification
of the map, it shall be transmitted to the Clerk of the County Board of Supervisors
for ultimate transmittal to the County Recorder.
8-6.15. l~r,g. A map may be filed with the County Recorder during the effective
period of the tentative map pursuant to Section 8-2.11 and submitted to the Clerk
of the County Board of Supervisors for ultimate transmittal to the County Recorder.
8-6.19. Dir~approval- The Board of Supervisors shall disapprove a map for failure
to meet or perform any of the requirements or conditions imposed by the Subdivision
Map Act, this ordinance/Or the valid approved tentative map for the subdivision;
provided that a final map shall be disapproved only for failure to meet oc perform
requirements or conditions which were applicable to the subdivision at the time of
approval of the tentative map; and provided f~rther that such disapproval shall be
accompanied by a finding identifying the requiremen~ or conditions which have not
been met or performed. A final map shall not be disapproved when the failure of the
map ~s the result of a technical and inadvertent error which does not materially affect
the validy of the maps as may be determined by the Board of Supervisors.
8-6.20. ~ l~ap. A map may be amended in conformance with the provisions
of the Subdivision Map Act and local ordinances and shall be entitled "Amended Map
of '
8-6.21. ~t S;howru All corrections or omissions shall be boxed and the
errors removed from the map with a certified statement by the Surveyor stating, in
general, the correction or omission being made in addition to the recording information
of the original map.
8-6.22. ~te of Co,-r~ May be used to: (1) correct an error in the
description of real property, (2) a course error that is outside of the exterior boundary
of the map. The certificate of corrections shall be upon a form approved by the County
Surveyor.
8-6.23. Rew~-sion to ~~ A map may be reverted to acreage in pursuant
to all the provisions of the Subdivision Map Act and shall be entitled "Reversion to
acreage of '
8-6.2t;. Re-~~o~ Subdivided lands may be merged and re-subdivided
without reverting to acreage by complying with ~ applicable provisions of the Subdivision
Map Act.
19
~-7.0. ~i~s. The following definitions used in this Article shall apply
thereto unless the context clearly indicates otherwise:
(a) ,,SOard,' means the l~ard of Supervisors of the County of Alameda, State
(c)
of California.
,'Local Agency" means the-Valley Community Services bistrict, the Hayward
Area Recreation and Park District, and the Livermore Area Recreation
and Park District, whichever may be appropriate in the context of a given
subdivision-
,,Neighbo'rhood" means the area served by a single elementary school.
(d) ,,Community" means the area served by a single high school.
g-7.1. Requir~rr~nt- Each subdivider of land classified by the Alameda County
Zoning Ordinance for residential use shall as a condition to the approval of a final
subdivision map dedicate or reserve lands, pay fees in lieu thereof, or a combination
-of both, for park and/or recreational purpo~s. Land or £ees required under this Article
shall be conveyed oc paid directly to the appropriate local agency upon approval of
the final map.
g-7.2. Limimtior~
(a) The land, fees, or combination thereof are to be used only for the purpose
of providing park or recreational facilities which serve future residents
of such subdivision.
(b) Only the payment of fees rnay be required in subdivisiorm containing fi£ty
(J0) parcels or less.
(c) The 5oard of Supervisors in agreement with the appropriate local agency,
shall specify at the time of approval of the final subdivision map when
development of park or recreational facilities wilt begin.
2O
~-7.3. Par',m Prir, dples aod 5tandard~- It ~ the ~licy of the County of Alameda
to c~rate with other governmental entities, subdividers, communities ~ groups
of residen~ lo ~cure adequate ~rk ~d recreational facilities for neiEh~rh~ds.
Public interest~ convenience~ health, welfare ~d sa[ety require the standards that
follow~ which ~e ~ound to ~ in con[ormity with the General PI~ oi the County
Alameda.
(a) Each dwelling unit is to ~ served by a neighborhood ~rk of no le~ than
6 acres in size ~d by a community ~rk o~ no le~ than 17.5 acres in size.
(b) Each elementary sch~l attendance area is to ~ served by a neighborhood
park~ ~d each high sch~l attendance area is to be served by a community
park of the ~me sizes ~ s~cified in (a) a~ve.
/ . ~{'~' / ........ easonable relationship ~o the me o~ the pas~ an~ r~c~eauon
to =~ para,, sn~l~ ~=~._~ ':-~-bitants of'the subdivision and shall be the me oz me
facilities oy -umMr of d~etling units permitted under zoning on each
obtained by mul .p y ~g,__~ ..... ;-~d ~r dwellin~ unit at the deputy category appropriate
lot by the area ol ~rK laaU t=q .... r~ ~ -
1ot ~ set ior~h in the following table: '
Lot DensiW Category '
(sq. il. oi 1o~ area ~r dwelling unit
~rmitled ~der Alameda Counly Area ol Park Land Required
Zoning Ordinance) Per Dwelling Uni~ (in sq.
0,000 or
5,000 to 9,999
le~ than 5,000 375
oi condominium/townhouse ty~ ol development lot density
In the ~se ..... ~:,,;~ino t al oroiect area b number ol pro~sed
shall ~ compu~eo vy u~*,=,..o _or ~ , Y
units.
3-7.5. ~ f~ ~i~ ~ ~ R~fi~ F~~ %e Advisory Agency
at its discretion may reduce the land or iees required under Section g-7.g, by an amo~t
e~ivalent to 25 ~rcent ol the area of land in the subdivision which is to ~ used ~or
private ~rk and recreation facilities, provided that:
(a) The subdivision, or that ~rtion of it for which the .gredit would apply,
constitutes a neighborhood.
(b) Land or dedication lee requirements shall not be reduced by ~ amount
e~ivalent to more than two acres.
(c) ~e private park ~d recreation facilities:
(i) Have sites oi at least one-hali acre in area;
21
(2) Are owned by a homes association composed o! all property owners
in the neighborhood and being an incorporated nonprofit organization
capable of diSolution only by a 100 percent a[fkmative vote al the
membership, operated under recorded land agreements through which
each lot owner in the neighborhood is automatically a member~ and
each lot is subject to a charge for a proportionate share o:[ expenses
for maintaining the facilities;
(3) Are restricted for park and recreational purposes by recorded covenants
which run with the land and cannot be defeated or eliminated without
the consent of the Board of Super¥isors;
~ (~) Are in accord with the principles and standards for local parks contained
in the Park and Recreation Element of the General Plan~ County
of Alameda, State of California, and contain at least two of the
facililies prescribed for neighborhood parks by said Element.
8-7.6. Amocrrt of Fee in ~ o[ Land Dedicaticr~ g/here fees are required by
the E~oard to be paid in lieu of land dedication, such fees shall be based on the current
market value of all of the land in that subdivision as determined'by the most recent
appraisal made at the direction of the Board at the time of approval of the final s(jbdivision
map.
If the subdivider and/or the Local Agency objects to the determination of current
market value by the Board, either may~ at its own expense, obtain an appraisal, of the
property by a qualified real estate appraiser which appraisal may be accepted by the
Board if found reasonable.
g-7.7. A~ ~ ~ The advisory agency shall determine in
accordance with the standards set forth in Section g-7.4, and shall so designate on
any tentative map requiring a Final Map it approves the area in the subdivision to
be dedicated for park or recreation facilities and/or the amount of land upon which
any fees to be paid is to be based. The location and design of the land to be dedicated
shall be determined on the basis of the principles and standards oi the Recreation
Element of the Alameda County General Plan and recommendations o~ the local park
district in which the subdivision is located.
22
Article
Underground Utiiiti~
g-$.0. Inta~. The regulations o! this Article are intended to promote and to
provide in subdivisions improved under the provisions of this Chapter an increase in
safety and welfare for both the residents of such land division and the public in general,
~md to prolong The economic life of land divisions, enhance views, scenic attributes
and the general living environment.
~-g.1. LltiliW Dixtr~ F~51i6e~ m De pl.~c~d Undergrot~t All utility distri-
bution or communication facilities supplying electric, communication or similar or
associated services, installed in and for the purpose of supplying such service to any
residentially zoned subdivision requiring the filing of a Final Map shall be placed under-
ground. Underground utility distribution facilities ~s herein described may be required
by the advisory agency for any other subdivision not in the A Zoning District. Distribution
facilities do not include metal poles used for street lighting, traffic signals, pedestals
for police and fire system communications and alarms, pad-mounted transformers
pedestals, pedestal mounted terminal boxes and meter cabinets, substations, and facilities
used to carry voltages higher than thirW-five .thousand (35,000) volts.
$-$.2. Du~ of S~bdivider. The subdivider is responsible for complying with ~l
requirements of this Article, and shall make the necessary arrangements with the
utility or communication companies involved for the installation of the facilities required
by Section g-$.l of this Article.
g_g.~. Reque~ fc~' yariar~ The subdivider or a public utility or communication
company may request that the requirements of this Article be varied by submitting
to the Advisory Agency a statement describing fully the nature and extent of such
variance, and the reasons for which it is requested.
g-g.5. ~--tien I~ ~ A~ Agency. The Advisory Agency upon consideration
of a request to vary the requirements o! this Article, and upon finding from the evidence
presented that a balancing of the requirements of the public health, safety and general
welfare with the feasibility of meeting such requirements does not warrant the strict
application of the requirements of this Ar~icle~ by reason of economic feasibility,
soil, topography, compatibility of surrounding area, future potential number o! building
sites affected, or that the area to be undergrounded does not include both sides of
the street for at least one block or 600 feet, may grant a variance in its approval oi
the tentative map for installing overhead distribution facilities. The Advisory Agency
in making the above finding to grant variances to the requirements of this article shall
designate such conditions in connection therewith as will in its opinion best serve she
intent oi this Article.
23
Article 9
Sd'~ol Facilities Dedication
g-9.0. 'Frt~ and Purpos~ This Article shall be known as the "School Facilities
Dedication Ordinance of Alameda County." The purpose is to provide a method for
financing interim schoot facilities necessitated by new residential developments causin8
conditions of overcrowding. /~/~t~
8-9.1. Autbo~ m~d Contlict. This Article;is enacted pursuant to Chapter ~.7,
Title 7, Division 1, (Government Code Sections 6~970 et seq.) and constitutes the
'n Sections 659.72 a~d 65974 or Chapter ~.7. In the c~se of any
ordinance referred to ~ ~._ ~.~:.,~ ~xa ,h~ ' f Chanter ~.7, the latter
shaft prevail. ~~
8 9 2 ~ P~ The Count~ene~al Plan provides ~or the location oz
public sch~Is. Interim school ~acilit~es to ~ consWucted [rom ~ees or l~d required
to ~ dedicated~ or ~th~ sha~I be coas~steat wi~h the Ge~er~ Plan.
~-9.3. R~fi~ The Board may, ~rom time to t~me, by resolution, issue
regulations to establish administration~ pr~edures~ ~nterpretation and ~[[cy d~rect~on
8-9.~. ~~ ~.7. "Chapter.7" means Chapter ~.7 (commencing w~th Section
65970) o~ Division 1 o~ Tide 7 o~ the Government Code as added by Chzpter 955
the Statutes o~ ~977 and ~Y subsequent 2mendments thereto.
Condxttons o~ Overcrowding" means tha~
~-9.5. ~~ ~ ~ow~" ' '
the total enroUmen: o~ a school, including e~rol[ment ~rom proposed development~
exceeds the cap2city o[ such schoo~ as determined by the governing ~dy o~ the d~strict.
8-9.6. ~ ~ "DweUing unW' means a building or a ~rtion thereo[~
or a mobile home, designed ~or residential occupancy by one person or a group o~ two
or more ~rsons l~ving together ~ ~ domestic unit.
methods ~or mitig2tiag conditions o[ overcrowding" i~c}ude, but 2re not
2greements betw~n a subdivider ~d the a~ected schoo~ district whereby tem~r2ry-
use bu~ld~ngs will be Iea~d to the scSool district or tem~rary-use buildings owned
byt~ schooldistr~ct wil[be used. The Boardo[ Su~rvisors m~y eszabl~shby resolution
additional methods ~or m~tigating conditions o~ overcrowding which should ~ considered
by school d~stricts.
8-9.8. R~~ ~~L RestdenttM development" meaas a project
containing resideatial dweU~ngs, ~acIudiag mobile-homes, o[ one or more units or a
subdivision o[ land [or the put,se o~ constructing one or more residenti2I dwelI[ng
.' ntial developmeat includes, but is not limited to: rezonings, cond~tionaI
un,ts. Reside ........... ;~w and anvother d~scretionary ~rm~t [or new
use ~rm[ts~ si~e eeve~opmc~ t~'~ ~ ~esidpnt~aiuse-
residential use, and building ~rmits for new
24
8-9.9. F~r~ru'r~ ar~ Notice. Pursuant to Chapter 4.7 of the Government Code,
the governing body of a school district may make findings supported by clear and
convincing evidence that: (l) conditions of overcrowding exist in one or more attendance
areas within the district which will impair the normal functioning of educational programs
including the reason [or such conditions existing; (2) all reasonable methods of mitigating
conditions of overcrowding have been evaluated; and (3) no feasible method for reducing
such conditions exist. Upon making these findings, the school district must provide
the County with notice of its findings.
g-9.10. Notic~ Requir~rne~l:x. Any notice of findings sent by a school district
to the County shall specify:
(a) Findings specified in Section 8-9.9.
(b) ' Mitigation measures considered by the district and any determination made
concerning them by the district.
(c) A map delineating the overcrowded attendance area or areas, and other
attendance areas in the district. :
(d) Recommendations for standards for land dedication and fees based on Section
8-9.15, General Standards.
(e) Such other information as may be required by Board of Supervisors' resolution.
$-9.11. Cc,~D' Ccoo_u-rence. After the receipt of any notice oi finding complying
with the requirement of Section g-9.10, the Board of Supervisors shall determine whether
it concurs in such school district findings. The Board shall schedule and hold a public
hearing on the matter of its proposed conc.urrence prior to making its determination.
8-9.12. FmcF:mg5 [or Dev~_l~t At:~'crva-L Within an attendance area where
the Board of Supervisors has concurred in a school district's findings that conditions
of overcrowding exist, no discretionary permit for residential use and no building perm'it
for new residential construction shall be approved in the attendance area, unless the
Boa~'d of Supervisors makes one of the following findings:
(a) That this Article is an ordinance adopted pursuant to Section 6.5974 of
Chapter 4.7.
(b) That there are specific overriding fiscal, economic,"social, or environmental
[actors which in the judgement o[ the planning agency would bene~Eit the
county, thereby justifying the approval of a residential development otherwise
subject to the interim school facilities dedication provisions of this division.
$-9.13. ~1 Dixtrict ~ Following the concurrence and decision by
the County to require the dedication of land or the payment of fees, or both, for an
attendance area, the governing body of the involved school district shall submit a
schedule specifying how it will use the land or lees, or both, to solve the conditions
o[ overcrowding. The schedule shall include the school and the times when such facilities
will be available. In the event the governing bodyo[ the school district cannot meet
the schedule, it shall submit modifications to the Board of Supervisors and the reasons
for the modification.
25
8--9.1~. ~ Rempomil~it/. In an attendance area where the Board of
Supervisors has concurred as provided in Section 8-9.11, the developer of applicable
residential projects shall dedicate land, pay fees in lieu thereof, or do a combination
of both, for classroom and related facilities for mandated educational programs for
elementary, middle/iuni°r high, and/or high schools.
8-9.15. Lm~ Dcdic~tic~n Limits. Only payment of fees may be required for
approval of proiects containing fifty (50) parcels or less.
8-9.16. ~pticw~- Residential developments shall be exempt from the requirements
of this division when they consist only of the following:
(a) Any modification or remodel of an existing legally established dwelling
unit that does not create an additional dwelling unit.
(b) A condominium project converting an existing apartment building into
a condominium where no new dwelling units are added.
(c)Any rebuilding of a legally established dwelling unit destroyed or.damaged
by firei explosion, act of God or other accident or catastrophe.
(d) Any rebuilding of an historical building recognized, acknowledged and
designated as such by the Board of Supervisors, State of California, ar
Federal Government.
8-9.17. Prk:r Agreement~ Any agreement existing prior to the effective date
of this ordinance between a school district and a developer pertaining to the dedication
of land and/or payment of fees for school facilities shall be considered as satisfying
this Article's requirements.
8-9.15. ~ Standard. The location and amount of land to be dedicated or
the amount of fees to be paid, or both, shall bear a reasonable relationship and will
be limited to the needs of the community for interim elementary, middle/junior high,
and/or high school facilities including all mandated educational programs and shall
be reasonably related and limited to the need for schools caused by the development.
8-9.19. Fe~s. A schedule for fees required to be paid in lieu of land dedication
or in combination with land dedication shah be established by the Board o[ Supervisors
for each attendance area where the [~oard has concurred with the school district that
eXlS ~.
conditions of overcrowding ' *
8-9.20. ~ V4hen land is required to be dedicated, land shall equal in monetary
value fees which would otherwise be market value of all the land in the residential
project as determined by the most recent appraisal made at the direction of the Board
of Supervisors at the time of discretionary action on the application. I[ the developer,
or the school district, objects to this determination, either may present evidence [or
a different dedication requirement based on a recent appraisal o[ the property by a
qualified real estate appraiser.
8-9.21. La~d Druidicatj~ V~'hen land is to be dedicated, it should be offered
for dedication in the same manner as prescribed in the Alameda County Subdivision
Ordinance [or park dedication.
26
g-9.22. T-n~e o! Perf~ Land required to be dedicated on tentative maps
shall be conveyed at the time of filing final maps. All other dedication of land or
payment of fees shall be made at the time the l~ilding permit is issued.
g-.9.23. Trust o! Land or Fee~ Land and fees shall be held in trust by Alameda
County until such time as request for release of land or fees is made by the subject
school district. Release of land or fees shall occur upon determination by the Board
of Supervisors that the land or fees shall be used for appropriate interim school facilities
and that said facilities would be consistent with the General Plan.
$-9.2~. Fee Distrain- Where two or more separate school district operate
schools in an attendance area where the Board of Supervisors concurs that overcrowding
donditions exist for the school districts, the Board will enter into an agreement with
the governing body of each school district for the purpose of determining the distribution
of revenues from the fees levied pursuant to this division.
8-9.25. Refmds. If any residential development permit covered by this Article
is voided or vacated, and if the applicant so requests, any land or fees collected for
the development in trust by Alameda County shall be returned to the applicant.
~.9.26. Sct-,oal Dixtri~-t Aozotmtir~ An'y school district receiving funds or land
pursuant to this Article shall maintain a separate account for any fees paid and dis-
position of land received and shall file a report with the Board of Supervisors on the
balance in the account at the end of the previous fiscal year and the facilities leased,
purchased, or constructed during the previous fiscal year. In addition, the report shall
specify ~'hich attendance areas will continue to be overcrowded when the fai~ term
begins and where conditions of overcrowding will no longer exist. Such report shall
be filed by August l, of e.=-ch year and shall be filed more frequently at the request
of the Board of Supervisors.
8-9.27. Tewmir~tic~ of ~tion Requirements- ~Vhen it is determined by
the Board of Supervisors that overcrowding conditions no longer exist in an attendance
area, the County shall cease levying any fee or requiring the dedication of any land
pursuant to this Article for the area. The Board shall schedule and hold a public hearing
on the proposed termination prior to making its determination.
27
AMENDMENTS
Effective May 21, 19gl/Ordinanc~ No. gl-33
Section $-$.~., Article g ....
Effective May 28, 19$1/Ordinance No. $1-35
Section 8-3.11., Article 3
Effective 3uly 25, 19SI/Ordinance No. gI-47
Section 8-7.1., Article 7
5ectic~ $-7.2., Article 7
Effective October 3, 19$1/Ordinance' No. $1-73
Section $-1.3., Article i
Section 8-2.3, Article 2
Section 8-2.7., Article 2
ORDINANCE NO. 19-83
AN ORDINANCE OF TItE CITY OF DUBLIN
AMENDING CERTAIN PROVISIONS OF
CHAPTER 1 OF TITLE 8 OF THE
SUBDIVISIOM ORDINANCE AS ADOPTED BY THE CITY OF DUBLIN
The City Council of the CITY OF DUBLIN does ordain as
f o 1 lc'.~'s:
SECTION 1 ~2.1ENOMENT S
Section 8-1.3(a) is amended to read as fol!cv;s: (a)
"The pt =~n~r,c Commlssion is the Advisory Agency for the approval
or disapproval of parc=~ maps and tentative maos
~= Planning Director or his designated representative, is the
Advisory Agency for any other subc!vlsion matiers and is
resucnsib!e for an==3z~ng the de and cccrdinauinc t~
oro~essing of proposed subdivisions within the City departments
~nd pub!kc agencies and, upon appeai, reporting thereon to the
City Council." . .
Section 8-2.4 is amended to read as follows:
8-2.4 Data and Material to Accompany Filing. For any sukdivisicn
in5o f!ve or more lots an~, when recuired by the advLsory a~ency,
for any other sukdivision, the tentauive map shall include:
(a) A preliminary grading plan pre~are~ by a Civil Engtneer
regis%ered by the Suate cf California.
(b) A ccnceptua! plan for soil erosion and sediment coztrcl for
both construction and pcst-ccnstrucUion periods prepared by the
~= o = to th= soil erosion conurol
Civil Encineer ct, with _~sn-c~
Urovisio~s, by a Landscape Architect registered by the State cf
california.
(c} A sol!s-geologic investigation report.
- . _- requ__e ...... -- anc
Said data and mater~ai sha~ ~ be consistent with ~
suecificasions of the Dublin Grading Ordinance. Adiiticna!
resorts and data may be recuired by the Planning Director when
d~me~ n~cessarv due to sc~!e cf the proposed subdivision cr
cresence cf octential hasard0us or .... ~-=~1,; sens
ccndinicns .
Section 8-2.9 is amended to read as follows:
8-2.9- E~fective Period. Tz.e approval 0f a teF, tative mad shall
kc e,ffec%zv'~ fo~ two and one half veers, or for such shcr~cr
p,~rtc~i a:~ may ~c s:~cciftcd k,.' tho advisory accncv ~n
' ' ~ub~._v[dc- during thc
n ,~ tcn..~on c~ th,~ effective pc ~
',:k:-,'c %.,~,a~5 re,A?' b.,~ c3canucd c:: cond[tioaally qrar~tcd by thc
,~,[ck Lh~' ;na~) ,.u,~:: .?L~:'o'.'.:~ h,~'.'C not: chan,.j:'d t:o thc c;.:tc;~t
'~',~[~l ,.v.~CT~ll~L d C~,I~(J'~ il~ t[~'2 dCS[,jl~ OC i[upt'ovcmcnt O~ thc
Scc::iou 8-3.5 ir; am,:ndL:d to cued at; follo',~:
t~'~-~c~%, 9~:u'-~',~/ ~'CCU~LL'CmC:~L~; a:~cl lot ClCSL~]n rcqul~c,',cnto
co~t'ocm with nil d~L;[qu stnud,~cd'.~ and cuktccia conta[ncd
D~blLn GL'.gdin,3 Oudinancc. All such desigu standards aud
:O~DI~ANCE NO. 19-83
· "Page 2
Section 8-7.0(b) is amended to read as follows:
(b) "Local AgenCy" means the City of Dublin.
Section 8-7.4 is amended to read as follows:
8-7.4. s~andards for Dedzcatzo . The amount of land to be
d~dicated, or fees ~o be paid, shall bear a reasonable
re!ationshio to the use of ~' ~ park and recreation facilities by
the future ~nhabitants of the subdivision and shall be the amount
calculated from the following formula:
LAND = A X R FEE = A X B X C
D
r ,'~ dwe!linc
(a) A means the park and recreation area _ecuz~_d per
unit, based on the assigned residential density of the propcsed
subdivision and the park area per 1,000 people of the City.
<.mc ~. ~o.7~
(b) B means the number of dwelling units in the proposed
subdivision- "
(c) C r. eans the current market value of the deve!cpab'!e acreage
of the area to be subdivided.
(d) D means t:~e developable acreage' cf the area to be
subdivided.
Section 8-7.5(c)(3) is amended to read as fo!!cws:
(3) Are restricted for par.< and recreational or open soace
:urcoses by recorded covenants which run with the land and cannot
- - ~ ~m~-a~oc without the ccnsen~ of the City
~_e defeated cre ......... ' -
Council;
Section 8-7.5(c)(4) is amended to read as roi!cwo:
(~) Are in accord with :he crane!pies and standards for local
parks contained in the Park' and Recreaticn Element cf the Ciny cf
Dublin General =:-~
SECTION 2 EFFECTIVE DATE
This ordinance relates to the raising of revenue
._ c ....... expenses of the City and shall take
for th= usual and "~=~ -
effect i-'=~a~]v
SECTION 3 POSTING OF ORDINANCE
The City Clerk cf the City cf Dublin shall cause
this ordinance to ke p~sted in at least three {3) public places
in the Ci5y cf Dublin in accordance with Section 36933 of the
Go,;ernmcnt Coda cf the Sta:e cf California.
PASSED AND ADOPTED by the City Council of thc City
cf Dublin on th[:: ]2th day of D~cembcr , 1983,
RESOLUTION MO. 74-83
A RESOLUT!OiI OF THE CITY COUNCIL
OF THE CiTY OF DUBLIN
ESTABLISHING AND ADOPTING PARK AND RECREATION AREA
DE
.,.~QUIR=,.EJTS FOR USE WITH THE SUBDIVISION ORDINANCE
THE CiTY OF DUBLIN
~NHEREAS, the Subdivision Man Act of the State
d .... m_nl~ g the ~-~ to
California recuires definite s~andards for
ke dedicated ~or ~ark or r~creational purposes and the fees
- ~ th~o~; and,
paid ~n !__u
WHEREAS, the Subdivision Map Act requires the City to
use = uo7u!aticn ={-u~ based on the Revenue and Taxation Code
· ~; ~ ~s -o=t ~ than the actual City ncou!ation; and,
WHEREAS, the Dublin City Council has amended the
Subdivision Ordinance cf the City cf Dublin in accordance with the
Subdivision Map Act: and,
.... p=, , ~ Suhdivir_
Wx~.._~-S .... ={c= Ordinance, as amended,
esta~ {=h~= a fo -"~- for ca!c'~at!nc hark and recreation
dedication recuirements; and,
WHEREAS, it is desirable to have the Park and Recrez~ion
Areg Requiremenns esnab!ished and adcoued as a policy of the Ci~'y
cf Dublin;
NOW, T==~==O== == IT RESOLP~D THAT THE Dublin City
. .. o ' and
Ccunci! does hereby estas!~sn and adopt the ~cw{~c .arx
Recreeticn Area Recuiremenns zer use with ~nz Dublin Subdivision
ordinince:
!. The uark area cf the City is determined to he 2.3 acres =er
!,CO0 people.
2. The hark and recreation area ~ {~=~ dwelling uni~, A,
is established as fci!cws:
a) For zoning districts which recuire 5,000 or more sc'care
fee% cf !on area per dwelling unit, each unit is
b~
c)
Therefore:
A = 4.9 ;< .0023 = .0l! acres per unit.
Fcr .zsntnc dis-_ricts which '~.~uire ~ess ~a
squ,.:r.: fc~t of !er. area per dwelling unit, each unit
,~..;..;[gn,:d 4.t people.
pcs dw.:ll~:~q unLt shall
?,E--S~)LUTIO~I ~IO. 74-83
' '-?ale 2
December
PASSED, APPROVED A~ID ADOPTED this
, 1983
AYES:
~OES:
ABSENT:
City Clerk
12 th day of
Counci!members Drena, Hegarty, u ..... 7,
b~offatt and Mayor Sn'/der
/
ORDINANCE NO. 53=~J5
A~ ORDINANCE OF THE CITY OF DUBLI~I ESTABLISHING REGULATIONS FOR
VESTING TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS.
The City council of the City of Dublin does ordain as follows:
SECTION 1 -- AMENDMENTS
Articles 10, 11, and 12 of Chapter 1 of Title 8 of the Subdivision
ordinance as adopted by the City of Dublin are hereby adopted to
read as follows:
ARTICLE 10 VESTING TENT~kTIVE MAP:
GE~NERAL PROVISIONS
· ~ 8-10 1: citation and Authority '
SectlO~ - -
This ordinance is enaczed pursuant to the authority gran.~ed
by Chapter 4.5 (commencing with Section 66498.!) of Division 2 Cf
Title 7 cf the Government Code of the' State of California
(hereinafter referred to as the Vesting Tentative Map Statute),
T~n~a--le Ma~ ~-
and may be cited as the Vesting = ~ ~ - Ordinanc=
Section 8-!0.2: Puroose and Intent
It is the purpose of th~s o!dinance to %stablish proce~ur-s
necessary fc~ the immler, en~a~ion of the Vestin~ Tentative [dap
c ....... and to =uoo]ement the provisions of the Subdivision
Act and the Subdivision Ordinance. Except aa otherwise set forth
in the provisions of this ordinance, the provisions cf the
Subdivision Ordinance shall apply to the Ves%in9 Tentative Map
crdinance·
To accomplish this purpose, the regulations outlined in this
ordinance are determined to be necessary for the preservation of
the public health, safety and general welfare, and for the
promotion of orderly crowth and development.
Section 8-!0.3: Consistency
~c land shall be subdivided and developed pursuant to a
.~-~c te~.~ative ma~ for anv purpose which is inconsistent w~th
~he General Plan and any applicable specific o!an or not
by the zoning ordinance o~ other applicable provisions of the
Municipal code.
Section 8-10.4: Definitions
(a) A "vesting tentativo map" shall mean a "tentative map"
~ .-'.~ ' 1 subdivis[cn as defined in the Dublin
Sd~dLv[sion O~dLnance, tha~- shall have printed conspicuously on
'~ ' ~ ~'" Map" at th~ time it ~2 filed
it:~ faC"~ the words "vcstir, g %,:n~a~e .....
in accordance with Soc. ~-!i.[, and is th,:reafter
acc~rd.'.~nco with thc p~ov[z[ono
(b) All other definitions set forth in the Dublin
sdbdivislon O~dinancc are applicable.
5,:ct ion 8-10.5: Ap~}I [cat ion
.,~n pply only to ~'esid,:ntial
(a) This ozdinancc " 11
im21e~un['ed and supplumented by thc Dublin Subdivision
[equil'es th~ filing of a t~ntative map o~' tentative parcel map
a ~usidential development, a vesting tentative map may instead be
filed, in acc~dance with the p~ovisions hereof.
-1-
(b) If a subdivider does not seek the rights conferred by
the Vesting Tentative Map Statute, the filing of a vesting
tentative map shall not.be a .prerequisite ta..any .approval foz.an¥ .. ·
proposed subdivisicn, permit for construction, or work preparatory
to construction.
ARTICLE 11 VESTING TENTATIVE MAP:
PROCEDURES
Section 8-1t~1: Filing and Processinc
A vesting tentative map shall be filed in the same form and
have the same contents, accompanying data and reports and shall be
processed in the same manner as set forth in the Dublin
Subdivision Ordinance for a tentative map except as hereinafter
provided:
(a) Prior to the time a vesting tentative map is filed, a
subdivider shall have obtained from the City of Dublin all
applicable permits for prezoning, rezoning, Planned Development.
rezoning, site deve!coment review, variance, conditional use
permit, or similar pl[nning and land use entitlement.
(b) At the time a vesting tenta'tive map is filed it shall
have printed conspicuously cn its face the words Wes=_~
Tentative ~ap
===~ c tentative mac is filed a
(c) At the time a v .... n. .
subdivider shall also supp!7 the following information:
- height, size, and location of.buildings
- sewer, water, storm drain and road details
- infcrmanion on the uses to which the buildings will be put
- detailed grading plans
- geological studies
flood control information
- architectural plans
fi~c=] '-F ~ studies
- plot plans
- foundation plans
- drainage plans
- floor plans
- roof and ceiling framing plans or truss layout plans
- roof truss details and calculations
exterior e~=v-~ioas
typical cross secmicns
la~= scale deta~is
- soil reports
- heat lcss'calcu!atioas
- s~Iveys
- structural calcu!at~ons
- electrical ~lans and e!ec%rical icad calculations
- mechanical plans
?iumb~n~ plans and calculations
elevations to show ccmulianc.2 with regulations
1:o access fO~ Eh<2 handLcapp,2d
- a~l oh[1,3~ studio:] and information required to
buildia~j
.... ion 8-11 o: Fees
{a) Upon filiug a v,-t~tiug tentatlv,~ map, the subd[V'[de{
::l~atl pa7 the ~es required by thc schedule adopted by rcsolutio;z
of the City Council fo~ the filing and p['ocesoin':J of a vesting
t,cntatlvc
-2-
Section 8-tl.3: Exoiration
The approval.or, conditional app~ova! of a vesting tentative
~au shall expire at the end of the same time period, and shall be
subject to the same extensions, established by the Subdivision
Ordinance for the ezpiration of the approval or conditional
approval of a tentative map.
ARTICLE 12 VESTI~]G TENTATIVE MAP:
DEVELOPMENT RIGHTS
Section 8-!2.1: vestinc on ADoroval of Vestinc Tentative MaD
(a) The approval or conditional approval of a vesting
tentative map shall confer a vested righ~ to proceed with
development in s,dbstantiat compliance with the ordinances,
policies, and standards described in Government Code Sec. 66474.2.
However, if Section 66474.2 of the Government Code is
reoea!ed, the aoorc, val or conditional approval of a Vesting
· en[ative MaD~sha]] confer a v~t~ right tc proceed with
development ~n substantial compliance with the ordinances,
uclicies, and standards in effect at ithe time the vesting
[entative map is approved or conditionally approved.
(b) Notw~ths%and~nc subdivision (a), a p~_,,_t a~urovai,
extension, or entitlement may be made conditicna! or denied if any
of the following are ce_e.m_ :
(~)_ A fail~dre to do s~ would' u~c~._- ~ the residents
of the subdivision or the '--=;~-~= ccr~munitv, cr
both, in a condition dangerous to their health or
..... ~, or both.
(2) The cc~ditio~ cr denial is required, in order
to comply with state or federal
(c) The rishts, referred to herein shall expire if a final
r~ap is not approved prior to the expiration of the vesting
tentative map as provided in Sec. 8-11.3. If the final map is
approved, these rights shall last for the fo!!cwing, periods of
time:
(!) An initial time ~eriod of one (!) year (!2 months)
Where several final maps ar= recorded on various
of a p~ojec% covered by a single vesting tentative map,
this initial ~ime Fe~iod shall begin fo~ each phase whe~
the final map fo: that phase is recorded.
(2) !'he initial time period set forth in (c) (!) shall
be au~cmaticai!y er<tended by an?' tir, e used fo~
Proccssin? a comple:e a~plication fc~ a g~ading
o~ for design or azchi~ectuual rcv(e,.v, if such
?rocor;sing (~:<cccds 30 days, from the date a
a??licauion is filed.
(3) A :%ubdqvtdec tn,],/ ap?l¥ [o~ a on,~-yea~ e:<t,tn~;L~n
ar:'! time b,~[or,: th,: [n[t[a[ ti:ne p,.,z'iod set [octh ].n (c
(1) e;.:p[~e:;. If the e:.:tenuion is den[ed by the
Commi:;z]on, tl~,~ subdiv[du~ may a??eal that dunial to
Cfr'/ Council within 15 days.
(4) If the subdivide[ submits a complete a?plicatiot~
[o~ a bu[lding poi'mit d~lring the period o[ time
to h,~,[ein shall continue until the e;<p[[ation of that
?u[mlt, of any uxtension of that Feb'mit,
-3-
Section 8-12.2: Development Inconsistent with Zoning --
Conditional A~oroval .........
(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 shalt deny such a vesting
tentative map oF 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, oF conditionally
approved, ve~ting tentative map shall, notwithstanding Sec.
12.I(a), confer the vested right to proceed with the development
in substantial compliance with the change in the zoning ordinance
and the map, as approved.
(b) The rights conferred by this section shall be for the
time periods set forth in Sec. '8-12.1(c)°
Section 8-12.3: Aoo!icaticns Inconsistent with Current Policies
Notwithstanding any provision of this ordinance, a property
owner or his or her designee may seek approvals or ~ermits for
deve~ooment which d=~rt from the ordinances, policies, and
- - ~ ~" =~ in Sections 8-12 t(a) and 8-12.2, and local
snandards cesc~zo-~ · ·
agencies may grant these approvals or' issue these permzts to the
extent that the departures are authorized under applicable law.
SECTION 2 -- EFFECTIVE DATE
This ordinance shall become effective thirty (30) days after
its final passage and adoption by the City Council. ~efore fha
exziration of fifteen (15) days after its passage, it shall be
pu~!ished once, with the name~ of the Council Members voting for
and against the same, in the Tri-Vallev Herald, a newspaper
published in Alameda County and available in the City of Dublin.
PASSED AND ADOPTED BY THE CiTY COUNCIL OF THE CITY OF DUBLIN
cn this 9~h day of ___~]~ro~ , 1985, by the
following votes:
AYES: CokmciLmemhers Heg~rty, Jefferf, Hoffatt, VorJqeeder ar.d
~hvor Snyder
NOES: Ncr, e
/- ' ' ,~,,ayor ~ "' ,/¥
-4-
ORDINANCE NO. 6 _ - 90
A~ ORDINANCE OF THE CITY OF DUBLIb~
AN ORDINANCE AMENDING CERTAIN pROVISIONS OF
CHAPTER I OF TITLE 8 OF THE SUBDIVISION ORDINANCE
AS ADOPTED BY THE CITY OF DUBLIN,
RELATING TO SOILS REPORTS
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
~Section 1. ~2.[ENDMENTS
S__ection__ 8 ~ of Chapter I of Title 8 of the Alameda
county code as adopted by the city of Dublin by ordinance No. 13,
and as amended by Dublin ordinance No. 19-83, is amended to read
as follows:
"(c) A preliminary soils investigation report prepared
by a soils Engineer who is a civil Engineer registered
by the state of California. This report shall be
submitted 'to the city Engineer for review. The city
'Engineer may review the report and may require
additional information or may reject the report if it
is found to be incomplete, inaccurate, or
unsatisfactory'
said data and material shall be consistent with
requirements and specifications of the Dublin Grading
ordinance- Additional reports and data may be required
by the Planning Director when deemed necessary due to
scale of the proposed subdivision or presence of
potential hazardous or environmentally sensitive
conditions.
(d) A report evaluating the geological conditions
present, prepared by a Geologist certified in
Engineering Geology by the State of California."
Section 2. ~ and Effective Date.
This Ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage. The city Clerk of
the city of Dublin shall cause this ordinance to be posted in at
least three (3) public places in the city of Dublin in accordance
with Section 36933 of the Government Code of the state of
California.
PASSED, APPROVED AND ADOPTED this l&th day of ~.y ,
1990, by the following vote:
AYES: Councilmembers He§arty, geffery, Snyder, Vonheeder, and
Mayor Moffatt.
NOES: None.
ABSENT: None.
ATTEST:
~ k~city~Clerk
mnr'~\ 1 14\ord\AHOC}lP I · FSE
DISTRIBUTION LIST
CITY OF DUBLIN
DRAFT SUBDIVISION OP~INANCE
Diane Lowart
~Park & Recreation Director
City of Dublin
Dublin Unified School District
--7471 Larkdale Avenue Dublin, CA 94568
ATIN: Mr. Heinz Gewing
Dougherty Regional Fire Authority
9399 Fircrest Lane
San Raron, CA 94581
ATIN: Tom Hathcox
Pacific Gas & Electric
-- 998 P~zrrieta Blvd.
Liver~ore, CA 94550
ATTN: Lou Holveck
Dublin San Ramon Services Dist.
7051 Dublin Blvd.
Dublin, CA 94568
ATIN: Robert Beebo
Pacific Bell
-- 401 Lennon Lane, %207
Walnut Creek, CA 94598-2416
ATTN: L. F. Woods
Viacc~ Cable Television
6640 Sierra Lane
Dublin, CA 94568
ATIN: ~rt Jones
Alameda County Public Works
399 Elmhurst Street
Oakland, CA 94544
ATTN: Donald LaBelle, Director
Zone 7, Alameda County Flood
Control & Water Conservation
5997 Parkside Drive
Pleas~nton, CA 94566
ATIN: Vince Wong
Building Industry Ass'n
1280 Boulevard Way, ~211
Walnut Creek, CA 94595
ATIN: Mark Stec,hbart
~ P.O. Eox 2050
OK',land, CA 94604
Associated Gen'! Contractors
-- 8301 Edgewater Drive
Oak!~nd, O~ 94621