Chapter 9.04
GENERAL PROVISIONS
Sections:
9.04.020 Purpose and authority.
9.04.050 Application of chapter.
9.04.080 General responsibilities.
9.04.100 Authority for subdivision decisions.
9.04.010 Title.
This title shall be known as the subdivision ordinance of the city of Dublin. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 1-91 § 1 (8-1.0))
9.04.020 Purpose and authority.
This title shall regulate and control the design and improvement of subdivisions of land within the city and supplement the provisions of the Subdivision Map Act of the State of California set forth at Government Code Section 66410 et seq. concerning the design, improvement and survey data of subdivisions, the form and content of all maps provided for by the Subdivision Map Act, and the procedure to be followed in securing the official approval of the city regarding the maps. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 1-91 § 1 (8-1.1))
9.04.030 Intent.
The intent of this title is to promote the public health, safety and general welfare; to promote orderly growth and development within the city; to coordinate lot design, street patterns, rights-of-way, traffic circulation, utilities and public facilities with the general plan and any specific plans; to assure that areas dedicated for public purposes will be properly improved initially so as not to be a future burden upon the community; to preserve natural resources and prevent environmental damage; to maintain suitable standards to ensure adequate, safe building sites; and to prevent hazard to life and property. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 1-91 § 1 (8-1.2))
9.04.040 Consistency.
No land shall be subdivided for any purpose that is inconsistent with the city’s general plan or any applicable specific plan of the city or that is not permitted by the zoning ordinance (Title 8) or other applicable provisions of this code. It is the intent of this title to comply in every regard to the latest edition of the Subdivision Map Act. If any provision of this title is in conflict with the Subdivision Map Act, the provisions in the Subdivision Map Act shall prevail.
The type and intensity of land use as shown on the general plan and any applicable specific plan shall determine the type of streets, roads, highways, utilities and public services, and other public improvements that shall be provided by the subdivider. (Ord. 4-16 § 1 (Exh. A) (part))
9.04.050 Application of chapter.
The regulations set forth in this title shall apply to all or parts of subdivisions within the city and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act and this title. All subdivisions and any part thereof lying within the city shall be made and all subdivision maps shall be prepared and presented for approval in accordance with this title. (Ord. 4-16 § 1 (Exh. A) (part))
9.04.060 Exclusions.
This title shall not apply to actions exempted by Government Code Section 66412 and any others specifically exempted by the State Subdivision Map Act, except that the procedures for the application, review and approval of lot line adjustments shall be as outlined in Chapter 9.52. (Ord. 4-16 § 1 (Exh. A) (part))
9.04.070 Fees and deposits.
All applicants for the approval of maps or for other approvals as required by this title shall pay all fees and/or deposits as established by City Council resolution. (Ord. 4-16 § 1 (Exh. A) (part))
9.04.080 General responsibilities.
In addition to the specific responsibilities set forth elsewhere in this title, the following agencies and officers, or their duly authorized representatives, shall have the general responsibilities hereby designated.
A. City Attorney. The City Attorney is responsible for approving as to form all subdivision improvement agreements and security and governing documents for a common interest development.
B. City Clerk. The City Clerk is responsible for filing and maintaining all official documents.
C. City Council. The City Council responsibilities shall be as follows:
1. The City Council shall act as the appeal board for subdivision decisions or actions of the Planning Commission.
2. The City Council shall act as the appeal board for subdivision decisions or actions of the City Engineer on final maps, parcel maps, improvement agreements and/or dedications.
3. When tentative maps are processed concurrently with other land use applications requiring City Council action, the City Council shall have authority for approval, conditional approval, or disapproval of the tentative map application.
D. City Engineer. The City Engineer or his or her designated representative, as specified in the Subdivision Map Act, shall have the following responsibilities:
1. The City Engineer shall have final approval or disapproval authority for final maps, parcel maps, improvement agreements, and the acceptance or rejection by the city of lands and/or improvements as may be offered for dedication to the city under Government Code Sections 66458, 66463, 66477.1, 66477.2 and 66477.3.
2. The City Engineer is responsible for determining if proposed subdivisions comply with provisions of the Subdivision Map Act and this title.
3. The City Engineer is responsible for the approval or disapproval of requests for parcel map waivers under Section 9.06.030.
4. The City Engineer is responsible for determining whether the proposed improvements are consistent with the design and improvement standards specified or referred to in this title, and for the inspection and approval of all such improvements, and for making recommendations on granting exceptions requested under Section 9.12.090.
5. The City Engineer shall, on a regular basis, report to the City Council on consideration and action on final maps, parcel maps, improvement agreements, and the acceptance or rejection by the City Engineer of lands and/or improvements offered for dedication.
E. Community Development Director. The Community Development Director responsibilities shall be as follows:
1. The Community Development Director is responsible for the approval, conditional approval or disapproval of tentative parcel maps and lot line adjustments, except for tentative parcel maps subject to concurrent processing under subsection (C)(3) of this section.
2. Reviewing, distributing, and processing tentative tract and tentative parcel map applications and making a recommendation on compliance with the California Environmental Quality Act (CEQA).
3. By direction to the city’s Code Enforcement Officer, the Community Development Director shall have the power to direct the issuance of citations, cease and desist orders and other appropriate orders involving violations of provisions of this title.
4. At any point in the review process and at his or her sole discretion, the Community Development Director may transfer original hearing jurisdiction to the Planning Commission because of policy implications, unique or unusual circumstances, or the magnitude of the project.
F. Planning Commission. The Planning Commission responsibilities shall be as follows:
1. The Planning Commission is responsible for the approval, conditional approval, or disapproval of tentative tract maps.
2. At any point in the review process and at its sole discretion, the Planning Commission may transfer original hearing jurisdiction to the City Council because of policy implications, unique or unusual circumstances, or the magnitude of the project.
3. The Planning Commission shall act as the appeal board for decisions of the Community Development Director.
4. When tentative maps are processed concurrently with other land use applications requiring City Council action, the Planning Commission shall make a recommendation on the maps to the City Council. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 5-96 § 1 (part), Ord. 4-96 § 1; Ord. 6-92 § 22; Ord. 1-91 § 1 (8-1.3). Formerly 9.04.040)
9.04.090 Definitions.
All words and terms used in this title shall have the same meaning as defined in the Subdivision Map Act, except as expressly defined in this section.
“Advisory agency” means a designated official or an official body charged with the duty of reviewing the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority under this title to approve, conditionally approve or disapprove maps.
“Final map” means a map showing a subdivision prepared in accordance with the provisions of this title and the Subdivision Map Act and designed to be recorded in the office of the Alameda County Recorder.
“Flag lot” means a lot as defined in Chapter 8.08.
“Parcel map” means a map showing a subdivision of four or fewer parcels, prepared in accordance with the provisions of this title and the Subdivision Map Act and designed to be recorded in the office of the Alameda County Recorder. A parcel map also means a map showing a subdivision of five (5) or more parcels under the final map exemption in Government Code Sections 66426(a) through (e).
“Primary dwelling unit” means a unit as defined in Chapter 8.81.
“SB 9 unit” means a unit as defined in Chapter 8.81.
“Subdivider” means a person, firm, corporation, partnership, or association, who proposes to divide, divides or causes to be divided real property into a subdivision for him or herself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not “subdividers.”
“Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, as shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, and as further defined in Section 66424 of the Subdivision Map Act.
“Tentative map” means a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it. “Tentative map” includes a tentative parcel map and a tentative tract map.
“Tentative parcel map” means a tentative map prepared in connection with a subdivision of four (4) or fewer parcels.
“Tentative tract map” means a tentative map prepared in connection with a subdivision of five (5) or more lots.
“Unit” means an accessory dwelling unit, a junior accessory dwelling unit, a primary dwelling unit, or an SB 9 unit.
“Urban lot split” means a subdivision of an existing single-family residential zoned parcel into two (2) parcels using the provisions in Chapter 9.54 and the provisions identified in California Government Code Section 66411.7.
“Vesting tentative map” means a tentative map that meets the requirements set forth in Chapter 9.40. (Ord. 3-22 § 3; Ord. 4-16 § 1 (Exh. A) (part): Ord. 4-96 § 3: Ord. 1-91 § 1 (8-1.5). Formerly 9.04.060)
9.04.100 Authority for subdivision decisions.
Table 9-1 (Subdivision Review Authority) identifies the city official or authority responsible for reviewing and making decisions on each type of subdivision application or other decision required by this title.
|
Issue/Document |
Applicable Code Chapter |
Role of Review Authority(1) |
|||
|---|---|---|---|---|---|
|
Community Development Director |
City Engineer |
Planning Commission |
City Council |
||
|
Tentative parcel map |
9.08 |
Decision(2)(3) |
|
Appeal |
|
|
Parcel map |
9.24 |
|
Decision(2) |
|
Appeal |
|
Tentative tract map |
9.08 |
|
|
Decision(2)(3) |
Appeal |
|
Final map |
9.24 |
|
Decision(2) |
|
Appeal |
|
Certificate of compliance |
9.56 |
|
Decision(2) |
|
Appeal |
|
Lot line adjustment |
9.52 |
Decision(2) |
|
Appeal |
|
|
Parcel map waiver |
9.06 |
|
Decision(2) |
|
Appeal |
|
Reversion to acreage |
9.48 |
|
|
|
Decision |
|
Time extension |
9.40 |
Decision(2) |
|
Appeal |
|
Notes:
(1) “Decision” means that the review authority makes the final decision on the matter; “Appeal” means that the review authority may consider and decide upon appeals of the decision of an earlier decision-making body in accordance with Government Code Section 66452.5.
(2) At its sole discretion, the review authority may transfer original hearing jurisdiction to a higher body.
(3) For tentative maps subject to concurrent processing, the Planning Commission makes a recommendation to the City Council.
(Ord. 4-16 § 1 (Exh. A) (part))